HomeMy WebLinkAboutordinance.council.006-18 ORDINANCE No. 6,
SERIES OF 2018
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
LAND USE CODE CHAPTERS 26.312, NON-CONFORMITIES; 26.314,VARIANCES;
AND 26.435, DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS (ESA).
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land
Use Code, the City Council of the City of Aspen directed the Community Development
Department to craft amendments to amend the Land Use Code; and,
WHEREAS,City Council has reviewed the proposed code amendment policy direction,and
finds it meets the criteria outlined in Section 26.310.040 to initiate an amendment;and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on February 26,2018, the City Council approved Resolution No.20,Series of 2018,by a five to zero
(5 — 0) vote, requesting code amendments to the Land Use Code to implement the Aspen Area
Community Plan; and,
WHEREAS,a proposed amendment to Chapter 26.312 extends and provides clarity to the
deadlines associated with the re-establishment of non-conforming uses and structures that are
destroyed non-purposefully; and,
WHEREAS, a proposed amendment to Chapter 26.314 would modify requirements
related to the expiration of an approved dimensional variance; and,
WHEREAS,a proposed amendment to Chapter 26.435 corrects a technical surveying error
related to mountain view plane review; and,
WHEREAS, City Council has reviewed the proposed code amendment, and finds that it
meets the criteria outline in criteria outlined in Section 26.310.050 for adoption; and,
WHEREAS, City Council finds that this Ordinance furthers and is necessary for the
promotion of public health safety and welfare; and,
WHEREAS, during a duly noticed public hearing on March 26, 2018, The City Council
approved Ordinance No. 6, Series of 2018,by a four to zero (4 - 0) vote as identified herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO THAT:
Section 1. Chapter 26.312.020.G and 26.312.030.F shall be rescinded and readopted as follows:
26.312.020. Non-conforming uses.
G. Demolition or destruction.
3.26.18 Second Reading, Ordinance 6, Series 2018
Land Use Code Amendment
Page 1 of 6
I. Ability to restore. Any nonconforming use located in a structure which is purposefully
demolished, pursuant to the definition of demolition, may not be continued or restored.
Any nonconforming use located in a structure undergoing construction, which does not
constitute a demolition, has an approved development order, and an approved building
permit shall not be considered discontinued.
2. Non-willful destruction. Any nonconforming use which is demolished or destroyed by an
act of nature or through any manner not purposefully accomplished by the owner may be,
restored as of right, regardless of the extent of demolition or destruction, if a building
permit for reconstruction is submitted within twenty-four (24) months of the date of
demolition or destruction.
26.312.030. Non-conforming structures.
F. Ability to restore.
1. Non-purposeful destruction. Any nonconforming structure which is demolished or
destroyed by an act of nature or through any manner not purposefully accomplished by the
owner, may be restored as of right if a building permit for reconstruction is submitted
within twenty-four(24) months of the date of demolition or destruction.
2. Pumosef rl destruction. Any nonconforming structure which is purposefully demolished
or destroyed may be replaced with a different structure only if the replacement structure is
in conformance with the current provisions of this Title or unless replacement of the
nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review..
Any structure which is nonconforming in regards to the permitted density of the underlying
zone district may maintain that specific nonconformity only if a building permit for the
replacement structure is submitted within twelve months (12) months of the date of
demolition or destruction.
a. Density Replacement. A duplex or two single-family residences on a
substandard parcel in a zone district permitting such use is a nonconforming structure and
subject to nonconforming structure replacement provisions. Density on a substandard
parcel is permitted to be maintained but the structure must comply with the dimensional
requirements of the Code including single-family floor area requirements.
Section 2. Chapter 26.314.070 shall be rescinded and readopted as follows:
26.314.070. Expiration.
A. Expiration. Unless vested as part of a development plan pursuant to Section 26.308.010
and except as otherwise established by the appropriate decision-making body, a variance granted
under this Chapter shall automatically expire after twelve (12) months from the date of approval
unless development has been commenced as illustrated by the submission of a building permit.
B. Extension. The appropriate decision-making body may grant a one-time extension of a
variance for up to twelve (12) months. All requests for an extension must be submitted prior to
the expiration of the existing development order, must demonstrate good cause showing that an
extension is necessary and must demonstrate that the circumstances as set forth in this Chapter are
still applicable.
3.26.18 Second Reading, Ordinance 6, Series 2018
Land Use Code Amendment
Page 2 of 6
Section 3. Chapter 26.435.050.H shall be rescinded and readopted as follows:
l.c. Glory Hole Park:There is hereby established a view plane originating from Glory Hole Park
above which plane no land use or building shall project. The Glory Hole Park Reference Point
bears S24°37'11"E a distance of 1645.57 feet from GPS-5 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection of
South Galena Street and East Hopkins Avenue,with all bearings being relative to S74'14'01"E
between said GPS-5 and GPS4 of the City of Aspen GPS Control Monumentation 2009, a
Brass Cap found in a Survey Monument Box at the intersection of South West End Street and
East Hopkins Street; the Glory Hole Park Reference Base Line bears N55°51'57"E a distance
of 73.00 feet from the Glory Hole Park Reference Point. The elevation of said reference point
and baseline is 7,952.86 feet, NAVD88 Datum. The view plane consists of two (2) spatial
components more particularly described as follows:
2.c. Wagner Park: There is hereby established a view plane originating in the north central part
of Wagner Park above which plane no land use or building shall project.The Wagner Park View
Plane Reference Point bears S64°02'52"W a distance of 642.35 feet from GPS-5 of the City of
Aspen GPS Control Monumentation 2009, a Brass Cap found in a Survey Monument Box at
the intersection of South Galena Street and East Hopkins Avenue, with all bearings being
relative to S74°14'01"E between said GPS-5 and GPS-4 of the' City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection of
South West End Street and East Hopkins Street. The reference base line bears S49°48'54"W a
distance of 68.87 feet from the reference point. The elevation of the reference point and
reference base line is 7,925.04 feet, NAVD88 Datum. The view plane is more particularly
described as follows: All that space which is within the projection of two (2)radial lines which
bear S50°21'40"E from the reference point and S 17°55'36"E from the westerly terminus of the
reference base line and which is also above a plane which passes through the reference base line
at an angle of inclination of 3° 39' 10" above the horizontal with all projections to terminate at
the 8040 Greenline or City Limits.
3.c. Cooper Avenue: There is hereby established a view plane originating on the northerly side of
Cooper Avenue easterly of Galena Street above which plane no land use or building shall
project. The Cooper Avenue Reference Point bears S01'09'30"E a distance of 576.72 from
GPS-5 of the City of Aspen GPS Control Monumentation 2009, a Brass Cap found in a Survey
Monument Box at the intersection of South Galena Street and East Hopkins Avenue, with all
bearings being relative to S74°14'01"E between said GPS-5 and GPS-4 of the City of Aspen
GPS Control Monumentation 2009, a Brass Cap found in a Survey Monument Box at the
intersection of South West End Street and East Hopkins Street. The elevation of said reference
point is 7,932.06 feet, NAVD88 Datum. The view plane consists of spatial components more
particularly described as follows: All that space which is within the projection of a sector of
48°00'00" described by two (2) radial lines which bear S10°53'16"E and S37106'44"W
respectively from the reference point and above a plane which passes through the reference
point at an inclination of 6°20'05" above the horizontal with all projections to terminate at the
8040 Greenline.
3.26.18 Second Reading, Ordinance 6, Series 2018
Land Use Code Amendment
Page 3 of 6
4.c.Court House: There are hereby established two(2)view planes originating from the sidewalk
on the northerly side of Main Street easterly of Galena Street above which planes no land use
or building shall project.
a. View Plane Number One. The Courthouse View Plane A Reference Point bears
N31°49'00"E a distance of 382.15 feet from GPS-5 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South Galena Street and East Hopkins Avenue, with,all bearings being relative to
S74°14'01"E between said GPS-5 and GPS-4 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South West End Street and East Hopkins Street. The elevation of said reference point
is 7,917.63 feet, NAVD88 Datum. The view plane consists of spatial components.more
particularly described as follows: All that space which is within the projection of a sector
of 27°58'40"described by two(2)radial lines which bear S 16°11'56"E and Sl I°46'44"W
respectively from the reference point and above a plane which passes through the
reference point at an inclination of 4° 25' above the horizontal with all projections to
terminate at the 8040 Greenline.
b. View Plane Number Two. The Courthouse View Plane B Reference Point bears
N40°50'24"E a distance of 397.22 feet from GPS-5 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South Galena Street and East Hopkins Avenue, with all bearings being relative to
S74°14'01"E between said GPS-5 and GPS-4 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South West End Street and East Hopkins Street. The elevation of the reference point
is 7,918.33 feet, NAVD88 Datum. The view plane consists of spatial components more
particularly described as follows: All that space which is within the projection of a sector
of 26°04'38"described by two(2)radial lines which bear S02°48'34'E and S23°16'04"W.
respectively from the reference point and above a plane which passes through the
reference point at an inclination of 4° 58' 20" above the horizontal with all projections to
terminate at the 8040 Greenline.
5.c. Wheeler Opera House: There is hereby established a view plane originating from the
Wheeler Opera House westerly of Mill Street above which plane no land use or building shall
project. The easterly end point of the Wheeler Opera House Base Line for the view plane bears
S70°50'24"W a distance of 456.04 feet from GPS-5 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection of South
Galena Street and East Hopkins Avenue, with all bearings being relative to S74°14'01"E between
said GPS-5 and GPS-4 of the City of Aspen GPS Control Monumentation 2009, a Brass Cap found
in a Survey Monument Box at the intersection of South West End Street and East Hopkins Street.
The reference base line bears N73'42'1 9"W a distance of 140.45 feet from the easterly end point
of the base line for the view plane at an elevation of 7,921.49 feet, NAVD88 Datum. The view
plane consists of spatial components more particularly described as follows: All that space which
is within the projection of radial lines from the easterly and westerly terminus of the base line
which bear S29'53'1 9"E and S66°56'51"W respectively and which is above a plane which passes
through the reference point at an inclination of 2°50'38" above horizontal with all projections to
terminate at the 8040 Greenline.
3.26.18 Second Reading, Ordinance 6, Series 2018
Land Use Code Amendment
Page 4 of 6
6.e. Main Street: There is hereby established a view plane originating from Main Street above
which plane no land use or building shall project. The Main Street View Plane Reference Point
bears N37°21'55"W a distance of 592.24 feet from GPS-5 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection of South
Galena Street and East Hopkins Avenue, with all bearings being relative to S74°14'01"E between
said GPS-5 and GPS-4 of the City of Aspen GPS Control Monumentation 2009,a Brass Cap found
in a Survey Monument Box at the intersection of South West End Street and East Hopkins Street.
The reference base line bears N74013'1 8"W a distance of 51.40 feet from the reference point. The
elevation of the reference point and reference base line is 7,912.21 feet, NAVD88 Datum. The
view plane is more particularly described as follows: All that space which is within the projection
of two (2) radial lines which bear S28°22'14"E from the reference point and S81°17'21"W from
the westerly terminus of the reference base line and which is also above a plane which passes
through the reference base line at an angle of inclination of 61 29' 20" above horizontal with all
projections to terminate at the 8040 Greenline.
Section 4. Any scrivener's errors contained in the code amendments herein, including but not
limited to mislabeled subsections or titles, may be corrected administratively following adoption
of the Ordinance.
Section 5 -Effect Upon Existing Litigation.
This ordinance 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 ordinances repealed or amended as herein
provided,and the same shall be conducted and concluded under such prior ordinances.
Section 6-Severability.
If any section, subsection, sentence,clause,phrase,or portion of this ordinance 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.
Section 7-Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter,this ordinance shall become
effective thirty(30) days following final passage.
Section 8.
A public hearing on this ordinance shall be held on the 26 day of March, 2018, at a meeting of the
Aspen City Council commencing at 5:00 p.m.in the City Council Chambers,Aspen City Hall,Aspen,
Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be
published in a newspaper of general circulation within the City of Aspen.
3.26.18 Second Reading, Ordinance 6, Series 2018
Land Use Code Amendment
Page 5 of 6
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 120s day of March, 2018.
Attest:
Na�
Linda Manning, City Cl k Steven Skadro , Mayor
FINALLY, adopted,passed and approved this 26th day of March, 2018.
Atte t: 1
Linda Manning, City Cler Steven Skadro , Mayor
Approved as to form:
Jpdes R. True, City Attorney
3.26.18 Second Reading, Ordinance 6, Series 2018
Land Use Code Amendment
Page 6 of 6