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Home My WebLink Aboutresolution.apz.015-10RECEPTION#: 572121, 07!22/2010 at 10:15:24 AM, 1 of 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudili, Pitkin County, CO RESOLUTION N0. 15 (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW, A VARIANCE VIA SPECIAL REVIEW, AND A PUD AMENDMENT -OTHER AMENDMENT FOR 15 HARBOUR LANE, CITY OF ASPEN, COLORADO. PARCEL ID: 2735-123-00-017 WHEREAS, the Community Development Department received an application from the owner of 15 Harbour Lane for a number of land use reviews to develop an addition to a single- family residence as well as a garage; and, WHEREAS, the property is located along Castle Creek and is subject to the City's regulations on stream margin development; and, WHEREAS, the City Engineer has identified a Top of Slope for this property as part of the review to indicate where development can occur and the applicant has submitted a variance request through Special Review, a request For Stream Margin Review, and a PUD Amendment- Other Amendment to develop her site with a residential addition and garage; and, WHEREAS, during a duly noticed public hearing on July 6, 2010, upon review and consideration of the recommendation of the Community Development Department, presentation from the applicant, public testimony, and discussion and consideration of the proposal, the Planning and Zoning Commission approved the reviews, by a four to zero (4-0) vote, with the allowances and limitations as outlined in this resolution. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Aaprovals Granted The Planning and Zoning Commission hereby approves the following land use reviews with the following conditions: A. Stream Margin Review. The Planning and Zoning Commission grants Stream Margin Review approval for the subject property. All new development within the development boundary shall be set back fifteen (15) feet from the top-of-slope, except for the corner of the new addition and western fapade, as identified by the City Engineer and as memorialized in a recorded plat. No development other than native vegetation planting shall take place between the building envelope on the Castle Creek side and the Top of Slope unless expressly permitted by the city. 1) A riparian restoration plan approved by the City of Aspen Parks Department and Engineering Department shall be required as part of the building permit application for this property. The restoration plan shall require implementation of the restoration P&Z Resolution No. 15, Series of 2010 Page I prior to issuance of a Certificate of Occupancy. Remodeling or other similarly limited development activity, as determined by the Community Development Director, shall not trigger this restoration requirement. B. Special Review. The Planning and Zoning Commission grants a Variance from the progressive height limit (Sub-section 26.435.040 C.9. of the Land Use Code) and all development shall not be subject to a forty-five degree (45°) progressive height limit from the top-of-slope. C. Planned Unit Development -Other Amendment. The Planning and Zoning Commission grants certain variations from the R-15A zone district requirements. Specifically, the Applicant is permitted a five (5) foot minimum side yazd setback for a residential dwelling and a minimum front yard setback of five (5) feet. The front yard setback shall be measure as outlined in Sub-section 26.575.040 B., Required yards adjacent to private streets or rights of way of the Land Use Code and memorialized through the creation of a building envelope. D. A Building Envelope for this property shall be prepared by the applicant for approval by the City Engineer and the Community Development Director. The map shall describe and depict a building envelope based upon the requirements listed previously within this section of the resolution. 1) Building eaves may project outside the building envelope by no more than eighteen inches. 2) Egress window wells for the proposed addition may project outside the building envelope only when the egress meets both the minimum dimensions and number necessary to meet building code requirements. 3) The proposed residential addition may use the existing dug out area on the westerly side of the property for egress but may not be altered from the existing conditions without the express consent of the Engineering department. The map shall also indicate and tabulate all azeas of the property above and below the high water line, those areas affected by steep slopes, and those areas affected by right-of- way or access easements. This plat shall be attached to and recorded along with this Resolution. A 24" x 36" copy of the map shall also be retained in the planning file and the building address file. E. In the event the event the existing house and planned addition are demolished in the future and the property is redeveloped, the building envelope created as a result of this resolution shall be null and void and the property will be subject to applicable land use reviews at the time of redevelopment. Section 2: Building Permit A building permit application shall meet all adopted standards of the city. Additionally, a copy of this resolution and the plat approving the building envelope shall be submitted with the application. The two following items will be addressed in the application. P&Z Resolution No. 15, Series of 2010 Page 2 I . It is prohibited to impact or construct within the drip line of the existing spruce tree. The project shall redesigned in such a way as to develop the residential addition without impacting or excavating within the drip line of the large spruce tree adjacent to the river corridor. 2. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. There should be a location and standard for this fencing denoted on the plan. This is critical and required at all times around the lazge spruce tree adjacent to the river corridor. Section 3: Fishing Easement The Planning and Zoning Commission encourages the applicant to provide a Fisherman's Easement along the watercourses within this property. The applicant is encouraged to discuss with the City of Aspen Parks Department ideas that may facilitate such a grant of easement such as labor or design assistance with the riparian restoration plan. Section 4: Vested Riehts This approval shall be valid for the greater of the three-year period of statutory vested rights, as more precisely defined in the Development Order issued by the Community Development Department, or until the City's Stream Margin regulations are amended. The period of statutory vested rights may be extended pursuant to Chapter 26.308 of the Land Use Code. Until said time, development on this property in compliance with this resolution may proceed to building permit as allowed herein. After said timeframe, this approval shall be subject to any revised provisions of the Land Use Code and may, based on a determination by the Community Development Director, be subject to review by the Planning and Zoning Commission. Section 5• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission, aze 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 6• 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 7: 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 P&Z Resolution No. 15, Series of 2010 Page 3 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 Ciry of Aspen on this 6~' day of July, 2010. APPROVED AS TO FORM: ~~ Jim True, Special Counsel ATTEST: kie Lothian, Depu City PLANNING AND ZONING COMMISSION: i%~'~ Stan Gibbs, Chairman P&Z Resolution No. 15, Series of 2010 Page 4