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HomeMy WebLinkAboutresolution.apz.019-11 Resolution No. 19 (SERIES OF 2011) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A RESIDENTIAL DESIGN STANDARD VARIANCE AT LOT 37, FILING 1, WEST ASPEN SUBDIVISION, COMMONLY KNOWN AS 1460 SIERRA VISTA DRIVE, CITY OF ASPEP , PITKIN COUNTY, COLORADO. Parcel No. 273511105002 WHEREAS, the Community Development Department received an application from Robert Copito, requesting Variance approval from a Residential Design Standard for the remodeling of a single - family residence at 1460 Sierra Vista Drive; 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 of the Variance request from one Residential Design Standards — 26.410.030 (D) (3), Windows; 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; October 4, 2011; 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 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 the noted Variance request at1460 Sierra Vista Drive, by a vote of five to zero (5 — 0), 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. 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: RECEPTION #: 583787, 10/24/2011 at 10:34:51 AM, page 1 of 3 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO L.U.C. Section 26.410.040 (D)(3), "Street facing windows shall not span through the area where a second level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor," as shown in the attached and incorporated exhibit. Section 2: The building permit application to develop the above - mentioned residence shall include a copy of the final P &Z Resolution and exhibit. 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 October 4, 2011. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: im True, special Counsel Stan Gibbs, Chair ATTEST: Page 2 of 3 . i . 4 Ja� ie Lothian, Deputy City Clerk List of Exhibits Exhibit A: Elevation (representing approved variance from the window requirement) Page 3 of 3 i2 A $ 1 _ c. O La E S i 8 Y � .f W 14 _ / Wu % I YY Y y — ��1® 3 °- _� 1 ` ill F I ;n � 1 I: fJ p � €, I _ �� 1=- =Clii - - : 1 a — l . :ME Eaa!i�l ;: i a i • I MI sm. 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