HomeMy WebLinkAboutExhibit A - Review Criteria_Permitted Use VarianceExhibit A
Permitted Use Variance – Review Criteria
26.314.040 – Variances
B. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision-
making body shall make a finding that all of the following circumstances exist:
1. Notice by publication, mailing and posting of the proposed variance has been provided
to surrounding property owners in accordance with Subparagraphs 26.304.060(e)(3)a.—
c.
Staff Response: Adequate noticing was provided for the request – staff finds this
criterion to be met.
2. A variance is the only reasonable method by which to afford the applicant relief, and to
deny a variance would cause the applicant unnecessary hardship such that the property
would be rendered practically undevelopable, as distinguished from mere
inconvenience.
Staff Response: 511 Lazy Chair Ranch Rd. (Lot 2) was granted 8040 Greenline Approval
to redevelop with a single-family residence. There are steep slopes, vegetation, and
areas of restricted development on that lot that restrict possible staging locations.
Access to the lot also provides challenges to the construction process that are unique to
this site. Approving a permitted use variance on Lot 3 (under the same ownership)
provides the applicant a reasonable solution to site constraints during construction and
reduces impacts to lot 2. As long as impacts are limited to the developable area identified
for Lot 3, the impacts to that site are consistent with the subdivision requirements. A
condition of approval is included to ensure all impacts to Lot 3 are approved by
Engineering and the Parks Department and are within the limits of the developable area
established through subdivision plats. Staff finds this criterion to be met with conditions.
3. The temporary off-site storage or construction staging can be undertaken in such a
manner so as to minimize disruption, if any, of normal neighborhood activities
surrounding the subject parcel.
Staff Response: Lot 2 and Lot 3 are at the end of a private road with no residential
neighbors immediately adjacent to either lot. There is only one other residential lot on
the private road and off-site staging would have no additional impacts on that lot. Staff
finds this criterion to be met.
4. If ownership of the off-site parcel subject to the proposed variance is not vested in the
applicant, then verified written authorization of the parcel's owner must be provided.
Staff Response: Lot 2 and Lot 3 are under the same ownership, if ownership changes
during construction, a separate building permit must be approved. A condition of
approval will be verification that the new owner understands construction staging has
been approved for Lot 3 and is authorized to continue until completion of the project,
staff finds this criterion to be met with conditions.
5. Adequate provision is made to restore the subject parcel to its original condition upon
expiration of the variance, including the posting of such financial security as deemed
appropriate and necessary by the appropriate decision-making body to ensure such
restoration.
Exhibit A
Permitted Use Variance – Review Criteria
Staff Response: A condition of approval is included that requires the Applicant to submit
a revised CMP associated with the redevelopment of 511 Lazy Chair Ranch Rd. to
address all impacts of the off-site construction staging, including a revegetation plan.
Approval by the City of Aspen Engineering Department for all impacts to lot 3, will be
required prior to building permit issuance for Lot 2. Staff finds this criterion to be met
with conditions.