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Home My WebLink Aboutresolution.apz.012-11 RECEPTION#: 581415, 07/25/2011 at 10:02:49 AM, 1 OF 5, R $31.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No. 12 (SERIES OF 2011) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE FROM THE SECONDARY MASS RESIDENTIAL DESIGN STANDARD TO CONSTRUCT A SINGLE - FAMILY RESIDENCE AND ATTACHED GARAGE AT 861 UTE AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2 73 71 8295019 WHEREAS, the Community Development Department received an application from Laguna Sierra, LLC, represented by David Johnston Architects, PC, requesting Variance approval from the Secondary Mass Residential Design Standard for the construction of a single - family residence and attached garage located at 861 Ute Avenue; and, WHEREAS, pursuant to Section 26.410.D, the Aspen Planning and Zoning Commission may approve a Residential Design Standard Variance, during a duly noticed public hearing after considering a recommendation from the Community Development Director; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Residential Design Standard Variance Review Standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended denial of the Variance from Residential Design Standards — Building Elements, Secondary Mass (Land Use Code Section 26.410.040.B.1); and, WHEREAS, during a duly noticed public hearing on July 5, 2011, the Aspen Planning and Zoning Commission approved Resolution No. 12, Series of 2011, by a five to zero (5 — 0) vote, approving a Residential Design Standard Variance; 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 the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds applicable development standard 26.410.020.D.2.a (Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted;) and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Land Use Code and the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: 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 a variance from the following Residential Design Standard: • L.U.C. Section 26.410.040.B.1., Building Elements — Secondary Mass (requiring at least 10% of the total square footage of a home to be located in a secondary mass that is completely detached from the primary building, or linked to it by a subordinate linking element). A variance is granted to permit the secondary mass (garage) to be attached to the primary structure (the house) without the use of a linking element. The Planning and Zoning Commission has determined the variance request meets the review criteria outlined in L.U.C. Section 26.410.020(D)(2)(a). This approval shall permit the Applicant to construct a single - family residence with an attached garage located at 861 Ute Avenue as represented at the public hearing held July 5, 2011 and as illustrated in Exhibit A to this Resolution. 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 July 5, 2011. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: G --- --- i.. —� im True, special Counsel Stan Gibbs, Chair ATTEST: i 4 ackie Lothian, b eputy City Clerk List of Exhibits Exhibit A: Site plan (representing approved variance from secondary mass) N V t. ca C Z O i 1 ` � O < O 9 • I x „ �z i i �. 117:14..,... i i ' "" - '' l 1 �•: E 1 f y4 g • } ti I ,,,- ' cr d sr LF, .. ..., " 2 ? .ter' �X fi r*, � F j ,. S n ,ate . x ./' r. r l' ta ► t '.,,; w . ? wt CLJ i t C..4 CL x y ! ; o p r 4—' vl i a O D v Lri O a I O C. 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