HomeMy WebLinkAboutresolution.drac.013-98RESOLUTION OF THE DESIGN REVIEW APPEAL COMMITTEE
APPROVING VARIANCES FROM SECTION 26.58.040(F)(12), VOLUME, OF
THE ASPEN MUNICIPAL CODE FOR THE EAST, WEST, AND SOUTH
ELEVATIONS OF A PROPOSED SINGLE-FAMILY HOME
LOCATED AT 440 NORTH FIFTH STREET, AND DENYING VARIANCES
FROM SECTION 26.58.040(F)(12), VOLUME, OF THE ASPEN MUNICIPAL
CODE FOR THE NORTH ELEVATION OF THE SAME RESIDENCE,
ASPEN, COLORADO
Resolution No. ~, Series of 1998
WHEREAS, the applicant, Farrell Kahn (owner), represented by James Atkinson
of Chazles Cunniffe Architects, Inc., has requested approval of a proposed design for a
single-family residence on the property located at 440 North Fifth Street; 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
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 a request for a variance from Standard 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 standazd 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 Board on December 3, 1998, at which the Board
considered the applicant's proposal and associated variance requests; and
WHEREAS, a Design Review Appeal Boazd motion to approve a variance from
the Volume standazd of Section 26.58.040(F)(12) of the Aspen Municipal Code as it
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applies to the proposed East, West, and South elevations, and to deny a vaziance from the
same standazd as it applies to the proposed North elevation was passed by a vote of five
(5) to zero (0).
NOW, THEREFORE, BE IT RESOLVED:
That the proposed design of asingle-family residence at 440 North Fifth Street, Aspen,
Colorado, is granted a vaziance from Section 26.58.040(F)(12), Volume, of .the
Residential Design Standards as it applies to the East, West, and South elevations based
on a finding that the proposed design more effectively addresses the issue or problem the
given standazd or provision responds to and that there are site specific constraints
justifying the variances. In addition, the request for a variance from the same standard as
it applies to the North elevation of the proposed residence is hereby denied.
APPROVED BY THE COMMITTEE at its regular meeting on the 3rd day of
December, 1998.
APPROVED AS TO FORM:
A istant City Attorn ,
David Hoefer
DESIGN REVIEW APPEAL COMMITTEE
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Chai • on,
Store uettow~
ATTEST:
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cam(.?/ ~-c.-or~C~
eputy City Clerk,
Jackie Lothian
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DRAC Resolution No. ~ C) D
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