HomeMy WebLinkAboutStaff Memo_1340 Snowbunny_Extension of Vested Rights
Staff Memo, Resolution #076, Series of 2024
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MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Sophie Varga, Planner
THROUGH: Ben Anderson, Community Development Director
MEMO DATE: July 15, 2024
MEETING DATE: July 23, 2024
RE: Extension of Vested Rights
1340 Snowbunny Lane
Resolution #076, Series of 2024
REQUEST OF COUNCIL:
The applicants, Reese House Condo Association, John W Reese Revocable Trust, and Beverly
A Reese Family Trust, represented by Chris Bendon of BendonAdams, are seeking an Extension
of Vested Rights for a Demolition Allotment at 1340 Snowbunny Lane in accordance with Chapter
26.308 of the Land Use Code for a period of John Reese’s life, plus two years. The Demolition
Allotment for the property is currently vested until July 18, 2027 (three years from the effective
date of the development agreement). City Council is the final review authority.
SUMMARY AND BACKGROUND:
The subject site is 1340 Snowbunny Lane. The site is zoned Moderate-Density Residential (R-
15) and is developed with a single-family residence. John Reese and his (late) wife purchased
the property in 1973. While the parcel is condominiumized as the Reese Condominiums, it does
not contain more than one dwelling unit. The applicant received a Demolition Allotment through
the 2024 lottery (Notice of Approval recorded under Reception No. 700837). The Notice of
Approval and Development Order are included as Attachment B.
DISCUSSION & STAFF FINDINGS:
Staff analyzed the application against the review criteria for an Extension of Vested Rights (refer
to Attachment A for the complete staff response to review criteria). Applicable criteria can be
categorized into two categories – analysis of the status of the approved proposal and the impacts
of extending the vesting. Staff finds that the application does not meet the criteria. The applicant
has made no progress in pursuing the Development Order and the proposed extension solely
serves the applicant.
One of the reasons for adopting the demolition allotment system was to reduce the negative
impacts of development on neighbors, such as noise and parking constraints. Another goal of the
Demolition Allotment system is to manage the pace of development; granting the requested
extension is not in keeping with either of these goals. The uncertainty created by the proposed
vesting extension, reliant on the applicant’s life span, may lead to uncertain timing on the adverse
impacts on neighboring properties. The applicant states that “[a]llowing the demolition allotment
Staff Memo, Resolution #076, Series of 2024
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to expire will harm the value of the asset and substantially diminish the family estate.” In staff’s
evaluation, maintaining the value of the applicant’s property would be the sole benefit of extending
the vesting and would be contrary to the established goals of the demolition allotment program.
FINANCIAL IMPACTS:
ENVIRONMENTAL IMPACTS:
ALTERNATIVES:
RECOMMENDATIONS:
Staff recommends that City Council deny the applicant’s request to extend the vested rights for a
period of the owner’s life, plus two years. If Council desires to approve the extension of vested
rights, the resolution has been worded in the affirmative.
PROPOSED MOTION:
Motion to deny the request:
“I move to deny Resolution #076, Series of 2024, denying the request to extend the vested rights
of a demolition allotment at 1240 Snowbunny Lane for a period of John Reese’s life, plus two
years.”
Motion to approve the request:
“I move to approve Resolution #076, Series of 2024, approving the request to extend the vested
rights of a demolition allotment at 1240 Snowbunny Lane for a period of John Reese’s life, plus
two years, subject to conditions.”
ATTACHMENTS:
Attachment A – Staff Response to Criteria
Attachment B – Notice of Approval and Development Order
Attachment C – Land Use Application
CITY MANAGER COMMENTS: