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HomeMy WebLinkAboutresolution.council.013-26RECEPTION#: 714545, R: $43.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 01/29/2026 at 11:37:59 AM Ingrid K. Grueter, Pitkin County, CO RESOLUTION #013 SERIES OF 2026 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A DEMOLITION ALLOTMENT PER LAND USE CODE SECTION 26.470.160.0 FOR 1005 WATERS AVENUE, LEGALLY DESCRIBED AS: ALL OF LOT A, B AND C IN BLOCK 41, EAST ASPEN ADDITION AS SHOWN ON THE PLAT OF EAST ASPEN ADDITIONAL TOWNSITE ENTRY RECORDED AS DOCUMENT NO. 108453 IN DITCH BOOK 2A AT PAGE 252 OF THE RECORDS OF PITKIN COUNTY. EXCEPTING THEREFROM THE TRACT OF LAND AS DESCRIBED IN DECREE QUIETING TITLE RECORDED DECEMBER 18, 2023 AS RECEPTION NO.699356. COUNTY OF PITKIN STATE OF COLORADO. PARCEL ID: 2737-182-82-001 WHEREAS, on September 3, 2025, a Pre -application Summary was issued to Marcus Hanlon of Kim Raymond Architecture + Interiors, on behalf of the H2O Land Trust for the property at 1005 Waters 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 October 14, 2025, by Marcus Hanlon of Kim Raymond Architecture + Interiors on behalf of the H2O Land Trust for the property at 1005 Waters Avenue. A Letter of Incompleteness was issued on October 31, 2025, due to a lack of information in the application, and on November 6th, 2025, a Letter of Completeness was sent after receiving the required materials in an updated Land Use Application; and, WHEREAS, A Notice of Denial was issued by the Community Development Director in response to the Land Use Application on November 25, 2025, due to no available 2025 Demolition Allotments; and, WHEREAS, an appeal of the Notice of Denial was filed on December 8, 2025. The appeal was for a 2026 allotment, but no 2026 allotments are available; and, WHEREAS, Community Development staff have reviewed the application and have provided a staff report requesting direction from City Council of the request; and, WHEREAS, City Council at a regular meeting on January 13, 2026, considered Community Development's request for direction, 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 #013, Series of 2026, granting approval of a 2027 Demolition Allotment to 1005 Waters Avenue; and, Resolution #013, Series of 2026 1005 Waters Avenue, Demolition Allotment Request Page 1 of 3 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: Section 1 A. A 2027 GMQS Demolition Allotment is granted to the H2O Land Trust for the property at 1005 Waters 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 13th day of January, 2026. Rachael 'chards, Mayor Resolution #013, Series of 2026 1005 Waters Avenue, Demolition Allotment Request Page 2 of 3 ATTEST: APPROVED AS TO FORM: oxe qz- Nicole Henning, City CKat arine A. J on, City Attorney Resolution #013, Series of 2026 1005 Waters Avenue, Demolition Allotment Request Page 3 of 3