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DOC CODE: RESOLUTION
RESOLUTION NO. 179 Pg 1 of 2,04/16/2018 at 02:02:25 PM
Janice K. Vos Caudill, Pitkin County, CO
(SERIES OF 2017)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN
INTERPRETATION OF THE LAND USE CODE MADE BY THE COMMUNITY
DEVELOPMENT DIRECTOR REGARDING THE MITIGATION REQUIREMENTS FOR
REMOVING AN ACCESSORY DWELLING UNIT ESTABLISHED TO MITIGATE FOR
BOTH UNITS OF A DUPLEX AT 910 E. COOPER AVE.
WHEREAS, the Community Development Director received a request for an Interpretation
of the Land Use Code regarding the removal of an Accessory Dwelling Unit (ADU) established to
mitigate for both units of a duplex at 910 E. Cooper Ave., by the Roy Martayan Revocable Trust, and
represented by attorney Mr. Jeffrey Conklin of Karp Neu Hanlon, P.C.
WHEREAS, pursuant to Chapter 26.306 — Interpretations of Title, the Community
Development Director rendered a decision, and the Applicant though its representative sought an
appeal; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the Interpretation of
the Director or modify or reverse the Interpretation upon a finding that there was a denial of due
process, exceeding of jurisdiction, or abuse of authority in rendering the interpretation; and,
WHEREAS, the City Council has taken and considered written and oral argument from
attorney Mr. Jeffrey Conklin, representing the appellant, and the Community Development Director,
and has found that the Director provided due process and neither exceeded her jurisdiction or abused
her authority in rendering the Interpretation; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare; and,
WHEREAS, at a regular meeting on April 9, 2018, City Council voted five to zero (5 - 0) to
affirm the Interpretation issued by the Community Development Director.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1: Affirmation of the Interpretation
The Resolution affirms the Community Development Director's Interpretation of the Land Use Code
regarding the mitigation requirements for the removal of an ADU established to mitigate for both unit
of a duplex. The effect of this interpretation is that the removal of the ADU will require the
extinguishment of.75 FTE, Category 2 affordable housing credits or the payment of equivalent cash-
in-lieu.
Section 2: Relationship of Appeal to Future Code Changes
If the Applicant pursues the removal of the ADU at 910 E. Cooper, the application for the removal is
required to be submitted within six (6) months of the effective date of this Resolution in order for the
removal to be subject to the cash-in-lieu rates in effect at the time of the application for this appeal.
After the six (6) month period, the removal of the ADU will be subject to the cash-in-lieu rates in
effect at the time of the application for the removal.
Resolution No.179, Series of 2017. Page I
Section 3: Existing Litigation
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 ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4: Severability
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.
APPROVED by the Aspen City Council at its regular meeting on April 9, 2018.
APPROVED AS
TO FORM: AP ROVED AS TO CONTENT:
Jpdes R. True, City Attorney Steven Skadron, Mayor
ATTEST: \
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inda Manning, ity Cle k
Resolution No.179,Series of 2017. Page 2