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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