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HomeMy WebLinkAboutminutes.boa.19901129 CITY OF ASPEN BOARD OF ADJUSTMENT NOVEMBER 29, 1990 4:00 P.M. MAIN FLOOR COUNCIL CHAMBERS A G E N D A WORK SESSION WITH PLANNING DEPARTMENT ORDINANCE f69, TEMPORARY STORAGE & CONSTRUCTION STAGING MEMORANDUM TO: City of Aspen Board of Adjustment FROM: Amy Margerum, Planning Director RE: Ordinance #69, Temporary Storage & Construction Staging DATE: November 26, 1990 Prior to the second reading of Ordinance #69 by City Council on December 10th, we are referring it to you for your input. Attached are copies of the ordinance along with memos from City Attorney, Jed Caswall. CIT PEN 130 reet asp 1611 3 0 F DATE: October 16, 1990 TO: Mayor and City Council FROM: Jed Caswall, City Attorney RE: Proposed Ordinance Allowing for the Temporary Off-Site Storage of Structures, Materials ana.Equipment Pursuant to Construction Staging in All Zones. Attached for your review and adoption on first reading is a proposed ordinance that would amend the land use code so as to allow for the off-site temporary storage of materials, etc. , for construction staging purposes. Both the Public Works and Plan- ning Departments have reported that the ordinance is necessary to accommodate construction projects, particularly in downtown areas. In brief, the ordinance expands the authority of the Board of .Adjustment so as to allow it to grant variances for construction staging. As applicable to other variances, an applicant seeking .permission for off-site temporary storage must make a showing of the need therefor at a public hearing after notice to surrounding landowners. I have attached for your assistance copies of the previous memos to the various City departments discussing the proposed ordin- ance, along with a copy of the present ordinance governing variances. The Public Works Department has indicated that they will be the department "sponsoring" the ordinance for discussion purposes. Thank you. EMC/mc Attachment CIT t PEN 130 greet asp 1611 3 � MEMORANDUM ' DATE: October 16, 1990 TO: Any Margerum, Planning Department Bob Gish, Public Works Francis Krizmanich, Zoning Department -Gary Lyman, Building Department Chuck Roth, Engineering Department FROM: Jed Caswall, City Attorney RE: Proposed Ordinance Amending Land Use Code to Allow for Off- Site Temporary Storage for Construction Staging. You will recall that I forwarded you a proposed draft of the above-noted ordinance back on September 18th. In that I have not heard any negative feedback from anyone, I am having the ordinance placed on Council 's agenda for the first reading on October 22nd. Nonetheless, I still have some questions in my mind regarding the ordinance that I would like for you to con- sider. I 'm wondering whether we should allow for the temporary storage as contemplated by the ordinance via some type of special permit as opposed to utilizing the variance procedure. It could be that requiring a variance is too cumbersome a procedure to.. follow in light of what is being sought. Likewise, the notice requirements regarding variances seem a bit burdensome 'in view of the fact that we are talkin'g .about a temporary use. I'd also like to confirm that the twelve month maximum permit period with one twelve month extension period is adequate. I'm assuming that if after twenty-four months off-site storage is ' still necessary, an applicant can simply reapply for a new vari- ance. Of course, the variance can be. granted for a lesser period as deemed appropriate by the Board of Adjustment. (Note that Section 10-106 requires the Board of Adjustment to establish dates certain for the variance. ) Please review these matters and do not hesitate to let me know where you believe the ordinance needs work. Thanks. EMC/mc CIT 4SPEN 13.0 reet asp 1611 3 0 MEMORANDUM DATE: September 18, 1990 TO: Any Margerum, Planning Department Bob Gish, Public Works Francis Krizmanich, Zoning Department Gary Lyman, Building Department Chuck Roth, Engineering Department FROM: Jed Caswall, City Attorney RE: Proposed Ordinance Amending Land Use Code to Allow for Off- site Temporary Storage for Construction Staging Attached for your departments' review and comment is a copy of a proposed ordinance .anending existing land use regulations and vesting the Board of Adjustment with authority to .grant variances so as to allow for off-site temporary storage =f construction materials, structures and equipment. This proposed ordinance has been suggested to alleviate the problem of too little available space downtown for conducting construction activities, e.g. , the Ritz staging problems, and the Durant cottage relocation. Please review the draft proposal And do not hesitate to suggest changes. Since the ordinance would broaden the very narrow class of cases in which a variance may be granted, I want to be careful and insure that the matter has been thoroughly analyzed. Feel free to contact me should you care to discuss any aspect of the proposal. I have also attached a copy of the current ordinance that would . be amended by this proposal for •your convenience. - Thank you. ' EMC/mc Attachments . ORDINANCE N0. h .(Series of 1990) AN ORDINANCE AMENDING ARTICLE 10 OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO , BY EXPANDING THE AUTHORITY OF THE BOARD OF ZONING ADJUSTMENT TO GRANT VARIANCES FOR CON- STRUCTION STAGING AND TEMPORARY STORAGE. ' WHEREAS, any use of land within the City of Aspen not -specifically listed in Section 2, Article 5 of Chapter 24 of the Municipal Code, to wit, "Zone Districts, Permitted Uses, Condi- tional Uses, Dimensional Requirements, Maximum Land Use Densities and Off-Street Parking Requirements", shall be considered a prohibited use; and WHEREAS, the temporary off-site storage of structures, .building materials and equipment and the use of off-site land, lots of parcels for construction staging is not an approved land use under existing land use ordinances and is, thus, prohibited; and WHEREAS, problems of building density, confined construction sites, and ensuring adequate site access often result in inade- quate construction storage and/or staging areas within any given construction site, or eliminate the availability of same on site; and WHEREAS, cramped and crowded construction sites present the potential for accident and injury to construction workers and may impede access to the construction site by public safety equipment in cases of emergency; and WHEREAS, the granting of a zoning variance to allow for the temporary location and storage of construction materials, struc- tures and equipment on a case-by-case basis would 'serve the public safety and welfare without compromising the integrity of the City's zoning code and planning process; and WHEREAS, the Board of Zoning Adjustment is presently vested with authority to gran zoning variances in certain instances upon a showing of specified good-cause and in- that an- expansion of its authority to hear and decide requests for temporary off- site storage and/or construction staginq, of building materials and equipment would not be inconsistent with its duties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1:. Section 10-101, "Purposes", of Article 10, "Variances", of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended -by adding a new sentence so that the section shall read as follows: Sec. 10-101. Purposes. Variances are deviations from the terms of this chapter which would not be contrary to the public interest when owing to special circumstances or conditions the literal enforcement of the provisions of this chapter would result in undue and unnecessary hardship. Variances shall only be granted in accordance with the terms of this Article 10. 2 Section 2: . Section 10-103, "Authorized Variances", of Article 10, "Variances", of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is amended to read as follows: Sec. 10-103. : Authorized Variances. Variances may only be granted from the following requirements of this Chapter 24: (1) Dimensional requirements. (2) Permitted uses, but only to allow for the temporary off-site location or storage of materials, structures or equipment pursuant to building construction or construction staging. Section 3: Section 10-104, "Standards Applicable to All Variances", of Article 10, "Variances", of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, .is repealed and reenacted to read as follows: Sec. 10-104 . Standards Applicable to Variances. (1) In order to authorize a variance from the dimensional requirements of Chapter 24, the Board of Adjustment shall make a finding that the following three (3) circumstances exist: (a) The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and this chapter; (b) The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and (c) Literal interpretation and enforcement of the terms and provisions of this chapter would deprive the applicant of rights commonly enjoyed by other parcels in the same Zone District,- and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's 3 right would be deprived, the board shall consider whether either of the following conditions apply: . 1. There are special conditions and circum- stances which are unique to the parcel, building -or structure, which are not applic- able to other parcels, structures or build- . ings .in the .same Zone District and which do not result from the actions of the applicant; or 2. Granting the variance will not confer upon the applicant any special privilege denied by - the Aspen Area Comprehensive Plan and the terms of this chapter to other parcels, buildings, or structures, in the same Zone District; (2) In order to authorize a variance- from the permitted uses of Chapter 24, the Board of Adjustment shall make a finding that all of the following circumstances exist: (a) Issuance of a building permit for the construction activity necessitating the application for a variance. (b) All owners of property abutting the subject parcel upon which temporary storage or construction staging is to take place have been notified of the proposed variance pursuant to the notice require- ments of Section 6-205(E) (4) (b) of this Chapter. (c) A variance is the only reasonable method by which to afford the applicant relief and to deny a variance would cause the, applicant unnecessary hardship or practical difficulty. (d) The temporary off-site storage or construction staging can be undertaken in such a manner so as to minimize. disruption, if any, of normal neigh- borhood activities surrounding the subject parcel. (e) If ownership of the off-site parcel subject to the proposed variance is not vested in the applicant, then verified written authorization of the parcel owner must be provided. 4 (f) Adequate provision is made to restore the subject parcel to its original condition upon expiration of the variance. Section 4• Section 10-106, "Conditions", of Article 10, "Variances", of Chapter 24 of the .Municipal Code of the City of Aspen, Colorado, is repealed and reenacted to read as follows: Sec. 10-106. Conditions. The Planning Agency staff may recommend, and the Board of Adjustment may impose, such conditions on variances as are necessary to accomplish the goals, objectives and policies of the Aspen Area Comprehen- sive Plan and the terms of this chapter. All variances granted so as to permit the temporary- off-site storage of materials, structures or equipment pursuant to building construction or construction staging shall commence and terminate on dates oertain as established by the Board of Adjustment and shall not relieve an applicant from obtaining all necessary building permits. Section 5: Section 10-107, "Expiration", of Article 10, "Variances", of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is amended at subsections A, "Expiration", and B, "Extensions", to read as follows: Section 10-107. . Expiration. A. Expiration. Unless vested as part of a development plan pursuant to Section 6-207 of this chapter, and except as otherwise. •stablished by the Board of Adjustment, a variance granted undef this article shall automatically expire after twelve (12) noriths from the date of approval unless development has been commenced as illustrated by the issuance of a building permit. B. Extension. The Board of Adjustment may grant*a one time extension of a development order incorporating a variance for up to twelve (12) months. All requests for an extension must be submitted thirty -(30) days prior to the expiration of the existing development order, must demonstrate good cause showing that an 5 extension is necessary, and must demonstrate that the circumstances as set forth in Section 10-104 (1) or (2) are still applicable. Section 6: This ordinance shall not have any effect on existing:litiga- tion 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 construed and concluded under such prior ordinances. Section 7: 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 8: A public hearing on the ordinance shall be held on the day of . 1990, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of 1990. William L. Stirling, Mayor 6 ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this dad of 1990. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk 7