HomeMy WebLinkAboutresolution.council.068-11 RESOLUTION NO. 68,
(SERIES OF 2011)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
VARIANCE FOR A FIFTEEN FOOT TALL FENCE MADE OF GOLF NETTING
FOR THE PROPERTY LOCATED AT 1445 SIERRA VISTA DRIVE CITY OF
ASPEN, PITKIN COUNTY, COLORADO
Parcel ID: 2735 - 111 -08 -800
WHEREAS, the Community Development Department received an application
from Jack and Celeste Grynberg, represented by Dana Ganssle of Rowland + Broughton
Architecture and Urban Design, requesting approval of a variance to allow a 15 foot
fence made of golf netting; and,
WHEREAS, pursuant to Section 26.314, the City Council may approve a
Variance, during a duly noticed public hearing after considering a recommendation from
the Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval of the requested
variance with conditions; and,
WHEREAS, during a duly noticed public hearing on September 26, 2010, the
City Council approved Resolution No. 68, Series of 2011, by a five to zero (5 —0 ) vote,
approving a Variance; and,
WHEREAS, the Aspen City Council 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, the
applicable referral agencies, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council 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 City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Resolution No 68, Series 2011
Page 1 of 3
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the City Council hereby approves a variance to permit a 15 foot high fence made
of golf netting be constructed on the property. The fence shall only be erected during the
Aspen Municipal Golf course golfing season.
Section 2: Fence Location & Material
The fence shall be located on the southeast comer of the property, where it can be
situated in an existing cluster of trees. The approximate length of the fence will be 50
feet, and be supported by three poles. The poles shall be positioned in the existing
canopy when possible to limit the visual impact of the structure. The fence poles shall be
painted a dark color to better blend in with the existing vegetation.
Section 3: Parks Department
The Applicant is required to comply with the following:
• All excavation of the holes and other work is required to be accomplished by
hand,
• In order to keep screening for both the home owners and golf course it is
prohibited to trim any of the branches on the trees adjacent to the fence,
• The net should be loose enough to provide room for tree growth but tight enough
to accomplishing the goal of stopping an errant golf ball,
• The Applicant shall acquire an approved work under the drip line permit (tree
removal permit) prior to installation of the fence,
• Any trimming of tree branches must be kept to a minimum and all tree work
should be accomplished by a professional tree care company, and
• All work on trees must comply with City Tree Code #13.20. The Parks
Department shall verify compliance with this requirement.
Section 4:
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 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 5:
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 resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior resolutions or ordinances.
Section 6:
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.
Resolution No 68, Series 2011
Page 2 of 3
FINALLY, adopted, passed and approved this 26 day of September, 2011.
Michael C. Ire and, Mayor
A EST:
Kathryn S. , � 1, City Clerk
APPROVED AS TO FORM:
John P. Worcester, City Attorney
Resolution No 68, Series 2011
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