HomeMy WebLinkAboutCOA_Powerpoint_9_9_19_BenAppeal of an Interpretation of the Land Use Code
320 W. Main Street
City Council September 9, 2019
Applicant: Robert I. Levy
Representative: Richard Y. Neiley, Jr.
Neiley Law Firm, LLC
Request of City Council:
Review of an Appeal of an Interpretation of the Land Use
Code issued by the Community Development Director on
July 3, 2019.
History of the property
Constructed – 1890
Designation as Aspen Historic Landmark – 1988
National Register of Historic Places – 1989
Change of Use – Office to Residential – 1998
Historic Lot Split – 2002
separated the main house from the carriage house,
and created the current lot configuration
Change of Use – Residential to Office – 2004
Subject to Mixed-Use Zone District – 2005
The Interpretation
Can a change in use from office to residential be approved at 320 W. Main?
Underlying issue: The existing building is larger than the allowable floor area for free-
market residential use in the Mixed Use Zone District. This is due to the 2005 Code
change that instituted a 20% floor area penalty for free-market residential use.
320 W. Main Street: 3,306 square feet of existing floor area
Mixed -Use zone district (4,500 square feet lot)
Commercial Use: 1:1 FAR = 4,500 square feet allowable floor area
(but limited to existing per the Historic Lot Split approval)
Free-Market Residential Use: 2,256 square feet (per 26.710.180.D.11.c.ii)
allowable floor area
The Interpretation
The Community Development Director issued an interpretation that a change in use request
would not be allowed due to the condition that the existing floor area of the building exceeds
the allowable floor area in the Mixed-Use zone district for a free-market residential use.
1) The current use as commercial/office is an allowed use – and the property at 320 W.
Main is conforming with the allowable floor area for this use. Any language from the
Non-Conformities chapter of the Land Use Code does not apply.
The Interpretation
2) While the property was certainly a residence during its history, it was a commercial/
office use when the Land Use Code was changed in 2005 – creating the disincentive to
convert properties on Main Street to free-market residential. Any prior vesting or
status as a residential property no longer applies.
From the Plat for the 2002 Historic Landmark Lot Split:
(Reception #487835; Plat Book 66, Page 32)
Plat Note #5
“The lots contained herein shall be prohibited from further subdivision and any
development of the lots will comply with the applicable provisions of the Land Use
Code in effect at the time of application.”
Criteria for Appeal
Administrative body (Community Development Director)
1. Denied due process
2. Exceeded its jurisdiction
3. Abused its discretion
The Appeal
The appeal is based on the abuse of discretion criterion related
to the application of the following sections of the LUC to the
property at 320 W. Main Street:
Non-conformities (26.312)
Mixed -Use zone district (26.710.180)
Staff Response
1) The property in its current configuration and use is
conforming in all regards. Any language from the Non-
Conformities chapter does not apply.
2) When the property was approved for a change in use to
commercial/office in 2004, its status as a residential use came to
an end. It was established as a commercial/office use and remains
as such today. The current limitations in the LUC apply.
3) The Interpretation was not an abuse of discretion.
Recommendation
Staff recommends approval of Resolution No. 96, Series of 2019
affirming the Interpretation issued by the Community Development
Director on July 3, 2019.