“Staff does not believe this application meets the city’s strict standards for a [height] variance,” said Chris Bendon of the City of Aspen Community Development Department. He wrote. “The condition is unfortunate but could have been avoided. The record seems to reflect some applicant knowledge and potentially an attempt to cover up the situation.” Granting a variance, Bendon said in the memo, would create a whole new set of problems.

ASPEN REAL ESTATE — The developer of a residential project at 861 Ute Ave. has exceeded Aspen’s height limitations and will ask the City Council for a variance at Monday’s regular meeting.The rear portion of the house rises to 26 feet, 2 inches in one spot and 28 feet, 3 inches in another when measured from the sunken patio in the backyard. Because of the conflict with the 25-foot maximum height limit for the property, city officials issued a stop-work order that applies to the rear portion of the house, according to a memorandum to the council from Community Development Director Chris Bendon.
By Andre Salvail, May, 14 2012, AT

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Aspen City Council Orders House Into Compliance

May 15, 2012 ADN

861 Ute Avenue photo credit: ADN