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Home My WebLink Aboutordinance.council.069-90 . 'e '. I ORDINANCE NO. 0 S> (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 or 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 constructlon 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 il Ie '. 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 grant zoning varlances 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 staging 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: Sectlon 1: Section 10-10l, "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 ln accordance with the terms of this Article lO. 2 il ie '. 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 lO, "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: ,4It (a) Issuance of a building permit for the constructlon activity necessitating the application for a variance. (b) Notice of the proposed variance has been provided to surrounding property owners in accordance with 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. i' (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. (f) Adequate provision is made to restore the subject parcel to its original condition upon expiration of the variance, including the posting of such financial security as deemed appropriate and 4 I '. 'e Ie I necessary by the Board of Adjustment to insure such restoration. 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 certain 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 established by the Board of Adjustment, a variance granted under this article shall automatically expire after twelve (12) months from the date of approval unless development has been commenced as illustrated by the issuance of a building permit. 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 extension is necessary, and must demonstrate that the B. 5 r' ',e . 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 ~ I:/. 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. , //,~ //'1 ~/"// ~ J///~'I---~% \0:'~. William L. Stirllng, May~r 6 i' ,e '. I A'l'l'E5~' : ~~ch~6rk FINALLY adopted, passed and approved this 16~ day of A1e.~ , 1990. ~ ./'" r /~ ,,-' -' ,',/...- ..- 7/ /' # l>' , '--~- ,/ /"'.,. ./ G / -,.--:.---' ?t.--.,.-6-- . /-" t,,,,"'-., -, _, ,,"_ A william L. Stirling, Mayor v ATTEST: ~C!~lerk 7