HomeMy WebLinkAboutresolution.apz.021-11 RECEPTION #: 585298, 12/22/2011 at
11:24:47 AM,
1 OF 4, R $26.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 21
(SERIES OF 2011)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A VARIANCE FROM THE BUILDING ELEMENTS RESIDENTIAL
DESIGN STANDARD TO MAINTAIN THE ENTRY DOOR AT 1245 MOUNTAIN
VIEW DRIVE, SUBDIVIDION WEST MEADOW BLOCK: 2 LOT: 8, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel No. 273501309018
WHEREAS, the Community Development Department received an application from
Michael and Cathy Tiemey, represented by Peter LaMorte, LaMorte and Company, Ltd.,
requesting Variance approval from the Street Oriented Entrance and Principal Window
Residential Design Standard to maintain the entry door at 1245 Mountain View Drive; and,
WHEREAS, pursuant to Section 26.410.020 D. Variances, 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 approval of the Variance from Residential
Design Standard — Building Elements (Land Use Code Section 26.410.040.D.1.a); and,
WHEREAS, during a duly noticed public hearing on November 15, 2011, the Aspen
Planning and Zoning Commission approved Resolution No 21, (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, 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.D.1.a, Building Elements — Street oriented entrance and principal window.
(Requiring the entry door shall face the street and be no more than ten (10) feet back from the
front -most wall of the building. Entry doors shall not be taller than eight (8) feet.) A variance is
granted to permit the entry door to be nine (9) inches taller than required by the standard.
The Planning and Zoning Commission has determined the variance request meets the review
criteria outlined in L.U.C. Section 26.410.020(D)(1)(a). This approval shall permit the Applicant
to maintain the existing entry door located at 1245 Mountain View Drive as represented at the
public hearing held November 15, 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 November 15, 2011.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
im True, special Counsel Stan Gibbs, Chair
2 /A /fin
ATTEST:
Jackie Lothian, Deputy City Clerk di
List of Exhibits
Exhibit A: Existing North Elevation
Exhibit A
1245 Mountain View, Existing North Eleveation
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