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HomeMy WebLinkAboutresolution.council.055-24RESOLUTION #055 SERIES OF 2024 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A DEMOLITION ALLOTMENT PER LAND USE CODE SECTION 26.470.110.E FOR 114 WESTVIEW DRIVE, LEGALLY DESCRIBED AS: LOT 4, BLOCK 2, KNOLLWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 30, 1960 IN DITCH BOOK 2A, PAGE 260, COUNTY OF PITKIN, STATE OF COLORADO WHEREAS, on December 22, 2023, aPre-application Summary was issued to Garrett Larimer of Kraemer Land Planning as representative for the property at 114 Westview Drive, describing the Land Use process to apply fora 2024 GMQS Demolition Allotment for single family and duplex residential structures; and, WHEREAS, a Land Use Application was submitted to Community Development on January 31, 2024, by Garrett Larimer of Kraemer Land Planning on behalf of the owner of 114 Westview Drive, and on February 5, 2024, a Letter of Completeness was sent after reviewing the application for compliance; and, WHEREAS, on February 20, 2024, the 2024 Demolition Allotment Lottery was administered by the Community Development Department and witnessed by the City Clerk and City Attorney; 14 completed applications sought demolition allotments, 114 Westview Drive was drawn on the 13th round of the lottery and was not awarded an allotment; and, WHEREAS, A Notice of Denial was issued by the Community Development Director in response to the Land Use application on February 29, 2024; and, WHEREAS, on March 15, 2024, Community Development received an amended application from Garrett Larimer of Kraemer Land Planning on behalf of the owner of 114 Westview Drive, pursuing a Demolition Allotment under 26.470.1.10.E —which allows two additional, annual allotments for long-time locals who have owned and occupied their homes for more than 35 years; and, WHEREAS, on January 9, 2024, Council approved Resolution #006, Series of 2024, to `carry forward' two unused and unclaimed 35+ Year Local Demolition Allotments, creating four (4), 35+ Year Local Demolition Allotments available in 2024, one (1) of which was awarded on March 12, 2024, leaving three (3) unclaimed 35+ Year Local Demolition Allotments available in 2024 and, WHEREAS, Community Development staff have reviewed the application and have provided a memorandum for City Council consideration recommending approval of the request; and, I IIIII IIIII IIIII IIII IIIII IIII IIII IIII II I III IIII IIIII IIIII IIII IIIII IIII RECEPTION#: 702536, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 05/22/2024 at 12:54:36 PM Ingrid K. Grueter, Pitkin County, CO Resolution #OSS, Series of 2024 114 Westview Drive, Demolition Allotment Request Page 1 of 3 WHEREAS, City Council at a regular meeting on May 14, 2024 considered Community Development's recommendation, reviewed application materials and heard testimony from the owner of the property and/or their representative; and, WHEREAS, by a vote %J five to zero (5-0) City Council approved Resolution Series of 2024, granting approval of a Demolition Allotment to 114 Westview Drive; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1 A. 13 Section 2 A 2024 GMQS Demolition Allotment is granted to Jeffery Brucato for the property at 114 Westview Drive. The Demolition Allotment is granted per 26.470.110. G —Additional Allotments for local property owners of Single -Family and Duplex Development or Expansion that does trigger Demolition. The allotment is subject to the following conditions: • All requirements of the Residential Demolition and Redevelopment Standards in place on August 8, 2022, must be met prior to building permit issuance. • The building permit submission must include a signed and notarized affidavit the property owner, or successors, will comply with the requirements of the Building IQ program. • The building permit submission must include a signed and notarized affidavit the property owner, or successors, will comply with the requirements of the Embodied Carbon requirement prior to receiving a Certificate of Occupancy. • Approval and related vesting are limited to the issuance of a GMQS Demolition Allotment and Residential Demolition and Redevelopment Standards. The property is subject to all other requirements of the Land Use and Building Codes in effect at the time of building permit submission. This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 3 If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall Resolution #055, Series of 2024 114 Westview Drive, Demolition Allotment Request Page 2 of 3 be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this I Lf day of May, 2024. Torre, Mayor ATTEST: 1 APPROVED AS TO FORM: � C • Nicole Henning, Cify Clerk ames7R.True, City Attorney Resolution #055, Series of 2024 114 Westview Drive, Demolition Allotment Request Page 3 of 3