HomeMy WebLinkAboutresolution.apz.008-08RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
DENYING ONE RESIDENTIAL DESIGN STANDARDS VARIANCE FOR 1550
HOMESTAKE DRIVE, LOT 19, WEST ASPEN SUBDIVISION, FILING NO. 2,
CITY OF ASPEN, CO, PITHIN COUNTY, COLORADO
PARCEL NO. 2735-024-O1-022
Resolution #8, Series 2008
WHEREAS, the Community Development Department received an application
from Carole C. Fisher, represented by Richard Neiley, requesting approval of one (1)
Residential Design Standards Variance to maintain a berm at 1550 Homestake Drive;
and,
WHEREAS, the subject property is zoned R-15 (Moderate Density Residential);
and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended denial, of the proposed ]and use
request; and,
WHEREAS, during a duly noticed public hearing on February 5, 2008, the
Planning and Zoning Commission approved Resolution No. 8, Series of 2008, by a four to
two (4 - 2) vote, denying one Residential Design Standards Variance to allow a berm in
the front yard setback on the property located at 1550 Homestake Drive, Lot 19, West
Aspen Subdivision, Filing No. 2, City of Aspen, CO; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal does not meet the applicable development standards and that approval of the
development proposal is not consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is not necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Planning and Zoning Commission hereby denys one (1) Variance
from the Residential Design Standards from the Fences standard (Land Use Code Section
26.410.040.A.3), to allow a berm in the front yard setback on the property located at 1550
Homestake Drive, Lot 19, West Aspen Subdivision, Filing No. 2, City of Aspen, CO.
Section 2•
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 3•
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 Planning and Zoning Commission of the City of Aspen on this 5th day
of February, 2008.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
~ e
ity Attorney
ATTEST:
ckie Lothia ,Deputy City Clerk
Dylan Johns, Chair
~}.-oc. 1~y(A~ Ja~.ro S
L ~.1 " r s ,,H, 2r V` 0 `e
~/
C~,01 r
G:\cityUessica\Cases\1550 Homestake Dr\P&Z\1550HomestakePZ Reso_2 5
08FINAL.doc