HomeMy WebLinkAboutresolution.drac.007-97RESOLUTION OF THE DESIGN REVIEW APPEAL COMMITTEE
APPROVING A VARIANCE FROM SECTION 26.58.040(F)(12), VOLUME,
OF THE ASPEN MUNICIPAL CODE
FOR THE PROPOSED "SLEEPY BEAR" SINGLE-FAMILY HOME
LOCATED AT 411 LACET LANE (LOT 2, LACET SUBDIVISION), ASPEN,
COLORADO
Resolution No~, Series of 1997
WHEREAS, the applicant, Scott Samborski, has requested approval of a
proposed design for asingle-family residence on the property located at 411 Lacet Lane;
and
WHEREAS, pursuant to Section 26.58.020(B) of the Aspen Municipal Code,
Community Development Department staff reviewed the applicant's application for
compliance with the Residential Design Standards of Section 26.58.040 of the Aspen
Municipal Code and found the submitted development application to be inconsistent with
the Standazd 26.58.040(F)(12), Volume, of the Aspen Municipal Code; and
WHEREAS, Section 26.58.020(B)(1) of the Aspen Municipal Code provides
that if an application is found by staff to be inconsistent with any item of the Residential
Design Guidelines, the applicant may either amend the application or appeal staff s
findings to the Design Review Appeal Board pursuant to Chapter 26.22, Design Review
Appeal Board; and
WHEREAS, pursuant to Section 26.58.020(B)(1) of the Aspen Municipal Code,
the applicant submitted an appeal request for a variance from Standazd 26.58.040(F)(12)
of the Aspen Municipal Code to the Design Review Appeal Boazd; and
WHEREAS all applications for appeal from the Residential Design Standazds of
Section 26.58.040 must meet one of the following statements in order for the Design
Review Appeal Committee or other decision making administrative body to grant an
exception, namely the proposal must:
a) yield greater compliance with the goals of the Aspen Area Community Plan;
b) more effectively address the issue or problem a given standard or provision
responds to; or
c) be cleazly necessary for reasons of fairness related to unusual site specific
constraints, and
WHEREAS, a public heazing, which was legally noticed, was held at a regulaz
meeting of the Design Review Appeal Boazd on July 10, 1997, at which the Boazd
considered the applicant's proposal and associated variance request; and
WHEREAS, a Design Review Appeal Board motion proclaiming that a variance
from the volume standazd of Section 26.58.040(F)(12) of the Aspen Municipal Code shall
be granted because said vaziance was cleazly necessary for reasons of fairness related to
unusual site specific constraints was passed by a vote of 4 - 0.
~. NOW, THEREFORE, BE IT RESOLVED:
That the proposed design of the single-family, "Sleepy Beaz" residence at 411 Lacet Lane
(Lot 2, Lacet Subdivision), Aspen, Colorado, is granted a variance from the volume
standard of Section 26.58.040(F)(12) of the Aspen Municipal Code by the Design
Review Appeal Boazd as the vaziance was found to be cleazly necessary for reasons of
fairness related to unusual site specific constraints, thereby satisfying variance criterion
« „
c.
APPROVED BY THE COMMITTEE at its regular meeting on the 10th day of July,
1997.
APPROVED AS TO FORM:
1
Assistant City Attorney,
David Hoefer
DESIGN REVIEW APPEAL COMMITTEE
ATTEST:
eputy City Clerk,
Jackie Lothian