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Commission opens work on code language for nonconformities and hardship standards

Aspen Planning and Zoning Commission · October 29, 2025

Summary

Commissioners and staff discussed a recently opened policy resolution to clarify hardship and demolition/destruction language for nonconforming structures; staff said research and draft language are in progress and P&Z input will be sought.

Commissioners used the 844 Roaring Fork hearing to air broader concerns about how the land-use code treats nonconforming structures, demolition thresholds and the definition of "destruction" that triggers special review.

Haley Hart (staff) and commissioners described an open policy resolution and said staff is researching how peer municipalities treat nonconformity language. "This is something we're sort of in the research phase," Hart said, noting staff has reviewed example provisions and prepared a land-use-code interpretation for cases that arise. Commissioners asked staff to bring draft language for review and asked whether the commission should have early input; staff said the commission would be involved prior to any first reading at city council.

Planning director Dan Fultz said code amendments and policy resolutions are on the Nov. 19 agenda for an update, and a full rewrite of the Aspen Area Community Plan would likely require outside consultants and a budget request to start in 2027.

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