The URL can be used to link to this page

Home My WebLink Aboutresolution.apz.006-11 Resolution No. _6_ (SERIES OF 2011) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING RESIDENTIAL DESIGN STANDARD VARIANCES TO CONSTRUCT A SINGLE - FAMILY RESIDENCE AND ATTACHED GARAGE AT 131 MIDLAND AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273718107007 WHEREAS, the Community Development Department received an application from MHRJ3, LLC (Jennifer and Brian Hermelin), requesting Variance approval from certain Residential Design Standards for the construction of a single - family residence and attached garage located at 131 Midland Avenue; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Variance Review Standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended approval with conditions and denial of the Variances from two Residential Design Standards — Parking, garages and carports (Land Use Code Section 26.410.040 C.2.) and First story element (Land Use Code Section 26.410.040 D.2.); 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; March 01, 2011; and WHEREAS, The Aspen Planning and Zoning Commission continued the public hearing, requesting applicant attempt to further meet the Standard; and WHEREAS, On March 08, 2011 at a continued public hearing, 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, (unchanged from the first recommendation) 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 meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Planning and Zoning Commission approves with conditions, the noted Variance requests to construct a single - family residence at 131 Midland Avenue, by a vote of three_ to _two_L3_ — _2J, and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. RECEPTION #: 578388, 03/16/2011 at 03:39:09 PM, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO NOW, THEREFORE BE IT RESOLVED by the Commission: ..i Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves variances from the following two Residential Design Standards: • L.U.C. Section 26.410.040 C.2., Parking, garages and carports (requiring the front facade of the garage or the front -most supporting column of a carport to be set back at least ten (10) feet further from the street than the front -most wall of the house). The specific review standard language reads: "The front facade of the garage or the front most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front most wall of the house." A variance is granted to permit the garage to be setback (2) feet from the lower front facade and three (3) feet from the upper facade is permitted. and • L.U.C. Section 26.410.040 D.2., First story element (requiring all residential buildings to have a first story street - facing element). The specific review standard language reads: "all residential buildings shall have a first story street- facing element the width of which comprises at least twenty percent (20 %) of the buildings overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. ,, Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded." A variance is granted to permit the depth of the first story element to be 4 feet (rather than the six (6) required) from the wall the first story element is projecting from. The Planning and Zoning Commission has determined the variance requests meet the review criteria outlined in L.U.C. Section 26.410.020(D)(2). These approvals shall permit the Applicant to construct a single - family residence with an attached garage located at 131 Midland Avenue as represented at the public hearing held March 8, 2011. Section 2: The building permit application to develop the above - mentioned residence shall include a copy of the final P &Z Resolution. All other requirements to develop a single family residence shall be submitted as part of the building permit application including but not limited to: adopted building and fire codes, relevant standards within the Aspen Municipal Code such as engineering and water system standards, Aspen Consolidated Sanitation District's rules and regulations, etcetera. ./ Section 3: 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: 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, 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. APPROVED by the Commission at its meeting on March 8, 2011. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: i m True, special Counsel Stan Gibbs, Chair ATTEST: I te ack itai ie Lothianty City Clerk List of Exhibits Exhibit A: Site plan (representing approved variance from garage setback and first story element) -- --- l L91.9 00 'N3dSV in an en au t. wors■••••• Mit ; g i .. ' i 1 4 ri , ,,. .. ..... .., ................ ., ,.. L' Ct 3I1N3AV ONV101IN 1.£ I, sioaiiyoce I 1 1 1 A rl 30N3C11S9?:1 N119V1e13H [ rail. ; 2 pi - • < i“ 1 ci A ig i Ll _ Ca re 0 CD /\ •-• 0 ILI ai \c\ 0. z ,... 2 O. 111 • ' IL D < I • W Z r 1 ._ i _ . o I Z 4)3 < > 0 Y W 0 Z aj Ca I 0 X al CO Y CC I- 0 l ' a _ i 2 u_ce ;X al > 10 WI- M 0 I- I la w co 0 < co 1- w m x uj > >-001.•IrLULLI ILI -I -.1 OZ--100w M 0 W Lu r‘ 02ZZWZ_ite > W al < 0 re . LLI ju UL MI 0 < Z 0- Z Z X 0. ( 111 0 Z 0 uj < I - 1 - 1 X 04WD0244 - th 03 b F- I < W 00 in I ... . ... - 0 //4 Pair -34 V w .. _ E --- , -- --- j -___ , 09 o • al) -21/1 ,,, < 0 , Ai • ° & rzn o. O . 1 • Ato=4 l'4%% \ •Jay \ k4 — c7N■-, Og r V \'' 7117 7 fril CO U-I 0 Z 0 0 z It Z L .- c i CL < s t o o eft . A ft■__Atelleltftkret44 1 \ .--• N. \ CO, 404 _ _______ot _ r4i e•,\ A / , h ---- -..- -- ------i''''s es cr ---- ---- --- 44/0}i .... rV "-- ------- i ll ..... *//k" artet, ies oe iioo, 9451 'Zi " rs75. -.111619° 1,0 r a a 41, .fraSNItt‘ -- - - w.trweAttin, - 4***-44w -ce lital t : 4 1 4. ---- -- o \ k—eillIS %it MI% ---410„,_ 1 ciP Aiv N —.1111111.— 11 --. --- \ a crl, lak Ilk < 0 4) Tit 0 111( 10 • i ii, ZL:151 d, ■ , - - . . . . . . . :,.......„, \ A h \ co co co toll-AtAIV\N 11 \- lir a 0 44 kiro 4' I * I I \ -11 NoPtigsk cr -J , I I 1- 4wrtait : Awl 1/ / P n ,_ ....,,z w it' 11.1 1 lc? 1 3 t 0 1C-X bo. / •-r a 0 >- Z uj 111 (7) 5 V -, 0 LU ct ' (zi / co- 1 0 J I 0_ 0 i -- r - f ___ --I Alb •44, Z - 0 1 I Nth% o 0 i i 4. 4 I' — — , — — ----- ----I ___ I I ■. -7 .IIIIIIIIIIIIIIIS 4 >li I I L I i I - In — I I — _ 1 L.