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DOC CODE: RESOLUTION
Pg 1 of 2, 08/29/2025 at 01:17:29 PM
RESOLUTION #115 Ingrid K. Grueter, Pitkin County, CO
SERIES OF 2025
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
DEMOLITION ALLOTMENT PER LAND USE CODE SECTION 26.470.160.0
FOR 311 MIDLAND AVENUE, LEGALLY DESCRIBED AS: SOUTHERLY 32
FEET OF LOTS 69 79 AND 8; BLOCK 2 OF THE RIVERSIDE ADDITION
SUBDIVISION, METES AND BOUNDS; PITKIN COUNTY, COLORADO.,
COUNTY OF PITKIN, STATE OF COLORADO.
PARCEL ID: 2737-181-00-043
WHEREAS, on April 28, 2025, a Pre -application Summary was issued to Chris
Bendon of BendonAdams, LLC on behalf of the Gregg and Karen Hemming Trust for the
property at 311 Midland Avenue, describing the Land Use process to apply for a 2025
GMQS Demolition Allotment for single family and duplex residential structures; and,
WHEREAS, a Land Use Application was submitted to Community Development on
April 30, 2025 (and further updated on May 12, 2025), by, Chris Bendon of BendonAdams,
LLC on behalf of the Gregg and Karen Hemming Trust for the property at 311 Midland
Avenue and on May 12, 2025, a Letter of Completeness was sent after reviewing the
application for compliance; and,
WHEREAS, A Notice of Denial was issued by the Community Development
Director in response to the Land Use application on July 23, 2025, due to no available 2025
Demolition Allotments; and,
WHEREAS, an appeal of the Notice of Denial was filed on July 25, 2025; 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 August 12, 2025, 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 of five to . zero (5-0) City Council approved Resolution # 114,
Series of 2025, granting approval of a Demolition Allotment to 311 Midland Avenue; 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:
Resolution #115, Series of 2025
311 Midland Avenue, Demolition Allotment Request
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Section 1:
A. A 2026 GMQS Demolition Allotment is granted to the Greg and Karen
Hemming Trust for the property at 311 Midland Avenue.
B. The Demolition Allotment is granted per 26.470.160. C.
C. 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.
FINALLY, adopted this 12t' day of August, 2025.
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Rach 1 Richards, Mayor
ATTEST: APPROVED AS TO FORM:
i e ear, Deputy City Clerk a arine John so ity Attorney
Resolution #115, Series of 2025
311 Midland Avenue, Demolition Allotment Request
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