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DOC CODE: RESOLUTION
Pg 1 of 3, 07/25/2024 at 12:00:51 PM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #069
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 1065 CEMETERY LANE, UNIT A, LEGALLY DESCRIBED AS.
SUBDIVISION ELJAY UNIT: A, COUNTY OF PITKIN, STATE OF
COLORADO
WHEREAS, on April 15, 2024, aPre-application Summary was issued to Sarah
M. Oates of Oates, Knezevich, Gardenswartz, Kelly & Ticsay, P.C. as representative for
the property at 1065 Cemetery Lane, Unit A, describing the Land Use process to apply for
a 2024 GMQS Demolition Allotment for single family and duplex residential structures;
and,
WHEREAS, a Land Use Application was submitted to Community Development on
April 29, 2024, by Sarah M. Oates of Oates, Knezevich, Gardenswartz, Kelly &Ticsay,
P.C. on behalf of the owner of 1065 Cemetery Lane, Unit A, and on May 16, 2024, a Letter
of Completeness was sent after reviewing the application for compliance; and,
WHEREAS, on May 20, 2024, a Notice of Denial was issued by the Community
Development Director in response to the Land Use application as there were insufficient
allotments available for 2024; and,
WHEREAS, on May 20, 2024, Community Development received an amended
application from Sarah M. Oates of Oates, Knezevich, Gardenswartz, Kelly &Ticsay, P.C.
on behalf of the owner of 1065 Cemetery Lane, Unit A, pursuing a Demolition Allotment
under 26.470.110.G — 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 4006, 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, and one (1) of which was awarded on
May 14, 2024, leaving two (2) 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,
WHEREAS, City Council at a regular meeting on July 9, 2024 considered
Community Development's recommendation, reviewed application materials and heard
testimony from the owner of the property and/or their representative, and,
Resolution #069, Series of 2024
1065 Cemetery Lane, Unit A, Demolition Allotment Request
Page 1 of 3
WHEREAS, by a vote of five to zero (5-0) City Council approved Resolution #069,
Series of 2024, granting approval of a Demolition Allotment to 1065 Cemetery Lane, Unit A;
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.
A 2024 GMQS Demolition Allotment is granted to the Estate of Harold E.
Richey II for the property at 1065 Cemetery Lane, Unit A.
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.
Section 2•
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
be deemed a separate, distinct, and independent provision and shall not affect the validity of
the remaining portions thereof.
Resolution #069, Series of 2024
1065 Cemetery Lane, Unit A, Demolition Allotment Request
Page 2 of 3
FINALLY, adopted this 9th day of July, 2024.
Torre, Mayor
T: _ / APPROVED AS TO FORM:
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Nicole Henning, City C�%rk mes R. True, City Attorney
Resolution #069, Series of 2024
1065 Cemetery Lane, Unit A, Demolition Allotment Request
Page 3 of 3