HomeMy WebLinkAboutresolution.apz.033-08RESOLUTION N0. 33,
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION DENYING A STREAM MARGIN REVIEW, FOR THE
PROPERTY COMMONLY KNOWN AS 1022 E. HYMAN AVENUE, AND
LEGALLY DESCRIBED AS UNITS 1 & 2, EUBANK CONDOMINIUMS, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parce! ID: 2737-181-10-002
WHEREAS, the Community Development Department received an application
from John McCormick, requesting approval from the Planning and Zoning Commission
for Stream Margin Review for the construction of a deck on the second floor of an
existing duplex located at 1022 E. Hyman Avenue; and,
WHEREAS, the Applicant's property is located in the Residential Multi-Family
Zone District in an Environmentally Sensitive Area as defined by the Land Use Code;
and
WHEREAS, the Applicant had a Development Review Committee (DRC)
meeting on August 11, 2008 and received comments from referral agencies prior to the
public hearing; and
WHEREAS, the Community Development Department staff reviewed the
application for compliance with the Stream Margin Review Standards and recommended
denial of the Stream Mazgin 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, has reviewed and considered the recommendation of the Community
Development Director, and has taken and considered public comment at a duly noticed
public hearing; and
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal does not meet all applicable development standards; and
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal is not consistent with the goals and objectives of the Aspen Area
Community Plan; and
WHEREAS, during a duly noticed public hearing on October 21, 2008, the
Planning and Zoning Commission approved Resolution No. 33, Series of 2008, by a six to
one (6 - 1) vote, denying the Stream Margin Review request to construct a deck on the
second floor of an existing duplex; and,
RECEPTION#: 565305, 12!15/2009 at
09:40:52 AM, P&Z Resolution 33, Series of 2008
1 of 2, R $11.00 Doc Code RESOLUTION Page 1 of 2
Janice K. Vos Caudill, Pitkin County, CO
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessazy For the promotion of public health, safety, and welfaze.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission hereby denies the Stream Margin Review.
Section 2:
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 3:
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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 21st
day of October, 2008.
APPROVED AS TO FORM:
~~
im True, Special Counsel
ATTEST:
Jackie Lothian, Deputy City Clerk
P&Z Resolution 33, Series of 2008
Page 2 of 2
PLANNING AND ZONING