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HomeMy WebLinkAboutresolution.apz.023-11 RECEPTION #: 585300, 12/22/2011 at 11:24:49 AM, 1 11 0 :2 F 4 3 :4 OF 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No. 23 (SERIES OF 2011) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A RESIDENTIAL DESIGN STANDARD VARIANCE AT 904 E. COOPER AVENUE, LEGALLY DESCRIBED AS CONDOMINIUM UNIT 2, 904 E. COOPER/312 WEST END CONDOMINIUM, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273718231046 WHEREAS, the Community Development Department received an application from Charles Cuniffe Architects, on behalf of Princess POW, LLC requesting Variance approval of a Residential Design Standard for the construction of additional non - orthogonal windows at 904 E. Cooper 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 denial of the Variance request; 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 on December 6, 2011; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal does meet either applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Planning and Zoning Commission approves the noted Variance request to construct additional non - orthogonal windows on the facade facing Cooper Avenue; 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 application from the following Residential Design Standard: L.U.C. Section 26.410.040 D.3.b, No more than one (1) nonorthogonal window shall be allowed on each facade of the building. A single nonorthogonal window in a gable end may be divided with mullions and still be considered one (1) nonorthogonal window. The requirement shall only apply to Subsection 26.410.010.B.2. Orthogonal E. Non-Orthogonal ) -- � Section 2: 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 3: 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 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 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 December 6, 2011. APPROVED AS TO FORM: Planning and Zoni Com fission: True, Special Counsel Stan Gibbs, Chair / cR/ ll ATTEST: kie Lothian, Deputy City Clerk Exhibit A: Approved 2 " story non - orthogonal windows -i It F 4 w,; R 5:r s ' x �r f a. iv •:-.- J y � k " � ' .- i fir r. i Arref , ([ �' 3 3,3' 4 4 �:r Ear--- ---EEE , -i z p 'maw p l / "K $ r e . � ' ,+- " < --._tee _ - sr y iy r if t t T -� v1 4 li' M _ Q 77. - ,. z 2 4 _ � St Y yG £ B 1 i n� . "/ fig - r t o ° 6.+i z 4 � Vi° F'qF� a tyit { ,. 9 "844 't f s r r ' r' .�. as . • .i�$ _ 'at,.;R> , 4 - _ _z 65 t ,�, +�, kti f • Cr 1 y . I EAST COOPER VIEW I PROPOSED p� CHAFES CUNWFFE