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410361 11/06/1997 04:17P RESOLUTI DAVIS SILVI
1 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO
RESOLUTION 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 SINGLE-FAMILY
RESIDENCES LOCATED AT 570 AND 580 SOUTH RIVERSIDE AVENUE
(LOTS 1 AND 2 OF THE KASTELIC SUBDIVISION/PUD, RESPECTIVELY),
ASPEN, COLORADO
Resolution No. 9, Series of 1997
WHEREAS, the applicant, the Win-River Limited Liability Company, has
requested approval of proposed designs for two single-family residences on the properties
located at 570 and 580 South riverside Avenue; 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 Standazds of Section 26.58.040 of the Aspen
Municipal Code and found the submitted development application for both lots to be
inconsistent with the Standard 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 vaziances from Standazd 26.58.040(F)(12)
of the Aspen Municipal Code to the Design Review Appeal Board; and
WHEREAS all applications for appeal from the Residential Design Standards 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 clearly necessary for reasons of fairness related to unusual site specific
constraints, and
WHEREAS, a public hearing, which was legally noticed, was held at a regular
meeting of the Design Review Appeal Boazd on October 9, 1997, at which the Board
considered the applicant's proposal and associated vaziance requests; and
WHEREAS, a Design Review Appeal Board motion proclaiming that variances
from the volume standard of Section 26.58.040(F)(12) of the Aspen Municipal Code shall
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410361 11/06/1997 04:17P RESOLUTI DRVIS SILVI
2 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO
be granted because said variance was clearly necessary for reasons of fairness related to
unusual site specific constraints was passed by a vote of 3 - 2.
NOW, THEREFORE, BE IT RESOLVED:
That the proposed designs of the single-family residences at 570 and 580 Riverside
Avenue (Lots 1 and 2, respectively, of the Kastelic Subdivision/PUD), Aspen, Colorado,
aze granted vaziances from the volume standard of Section 26.58.040(F)(12) of the Aspen
Municipal Code by the Design Review Appeal Boazd as the variances were found to be
clearly 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 9th day of
October, 1997.
APPROVED AS TO FORM:
I
A sistant City Attorney,
David Hoefer
DESIGN REVIEW APPEAL COMMITTEE
~t[rman,
Steve Buettow
ATTEST:
puty City Clerk,
ckie Lothian
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