HomeMy WebLinkAboutExhibit D - Setback Variance Review CriteriaExhibit D:
Variance Review Criteria
26.314.040. Standards applicable to variances.
A. In order to authorize a variance from the dimensional requirements of Title 26, the
appropriate decision-making body shall make a finding that the following three (3)
circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals,
objectives and policies of this Title and the Municipal Code; and
Staff Response: The requested variance is consistent with the purposes, goals and
objectives of the Land Use Code and Ordinance No. 39, Series of 2016. Utility
infrastructure is appropriate in setbacks and the enclosure improves design, function
and safety of the ski corridor and Gorsuch Haus development interface. Staff finds this
criterion to be met.
2. The grant of variance is the minimum variance that will make possible the
reasonable use of the parcel, building or structure; and
Staff Response: Through a multi-stakeholder process it was determined this was the
most practical location for utility infrastructure. Utilities are required to make possible
the reasonable use of the property. Given the location of the utilities adjacent to a ski
corridor, an enclosure allows for a reasonable design alternative that results in a
favorable development outcome. Staff finds this criterion to be met.
3. Literal interpretation and enforcement of the terms and provisions of this Title
would deprive the applicant of rights commonly enjoyed by other parcels in the
same zone district and would cause the applicant unnecessary hardship, as
distinguished from mere inconvenience. In determining whether an applicant's
rights would be deprived, the Board shall consider whether either of the following
conditions apply:
a. There are special conditions and circumstances which are unique to the
parcel, building or structure, which are not applicable to other parcels,
structures or buildings in the same zone district and which do not result
from the actions of the applicant; or
b. Granting the variance will not confer upon the applicant any special
privilege denied by the terms of this Title and the Municipal Code to other
parcels, buildings or structures, in the same zone district.
Staff Response: Staff has found the adjacent ski corridor to be a special condition
unique to few parcels in Aspen. Allowing for a utility enclosure enables the location of
the utilities on the east side of the parcel which has the least impact on exiting
neighbors, is most practical given existing infrastructure plans for the overall
development, improves safety of the lift corridor, and reduces negative visual impacts.
The variance does not result in special privilege for the property. Given those
considerations staff has found the request to meet the review criteria required to grant a
Setback Variance.