HomeMy WebLinkAboutresolution.apz.018-08RECEPTION#: 550327, 06118/2008 at
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1 OF 4, R $21.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
[tESOLUTION No.18
(Series of 2008)
RESOLUTION OF THE ASPEN PLANNING AND ZONING
APPROVING AN 8040 GREENLINE REVIEW AND RESIDENTIAL DESIGN
VARIANCES FOR PARCEL 5, TOP OF MILL SUBDIVISION/PUD, A
PLANNED COMMUNITY, COMMONLY KNOWN AS 934 SOUTH MILL
STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
PARCEL NO. 2737-182-02205
WHEREAS, the Community Development Department received an application
from Ian and Isabelle Loring, represented by Sunny Vann of Vann Associates LLC, for
variances to the Residential Design Standazds for building orientation, and build-to lines;
and an "8040 Greenline Review;" and,
WHEREAS, the subject property is zoned Lodge with a Planned Unit
Development Overlay (L/PUD) in the Top of Mill Subdivision (Aspen Mountain
Subdivision) PUD; and,
WHEREAS, upon review of the application, and the applicable code standazds,
the Community Development Department recommended approval, of the land use
requests; and,
WHEREAS, during a duly noticed public hearing on June 3, 2008, the Planning and
Zoning Commission approved Resolution No. 18, Series of 2008, by a five to zero (5-0)
vote, approving variances to the Residential Design Standards for building orientation,
and build-to lines; and approving an "8040 Greenline Review."; 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 fmds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
fiirttiers and is necessary for the promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen
Municipal Code, the Planning and Zoning Commission hereby approves variances to the
Residential Design Standazds for building orientation, build-to lines; and an "8040
Greenline Review" on Parcel 5, Top of Mill Subdivision/PUD, APlanned Community,
City and Townsite of Aspen, Pitkin County, Colorado.
Section 2:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 3: Building Permit Application
The building permit application shall include the following:
a. A copy of the final P&Z Resolution.
b. A Construction Management Plan
c. Engineered drawings for the deflection wall (as shown on PUD plat)
Section3•
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 4:
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.
Section 5: Vested Property Rights
The development approvals granted herein shall constitute asite-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of
Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following
described property: Parcel 5, Top of Mill Subdivision/PUD, City of Aspen Townsite, for
Residential Design Standards Variances and 8040 Greenline Review by the Aspen Planning
and Zoning Commission.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 3rd
day of June, 2008
APPROVED AS TO FORM:
City Attorney
ATTEST:
- ~ ~ !~ /-~Gd~X,~
Jackie Lothia ,Deputy City Clerk
PLANNING AND ZONING
C~SSION:
Brian Speck, Actin Chair
Attachments:
Exhibit A: Survey of existing site, Proposed Site Plan
EXHIBIT A: Survey, Proposed Site Plan
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