HomeMy WebLinkAboutresolution.apz.010-12RESOLUTION No. 10
(SERIES OF 2012)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF ASPEN, APPROVING A PLANNED UNIT .DEVELOPMENT — OTHER
AMENDMENT AND SPECIALLY PLANNED AREA AMENDMENT FOR THE
PROPERTY LOCATED AT 101 FOUNDERS PLACE, AKA OBERMEYER PLACE,
UNIT 202, CITY AND TOWNSITE OF ASPEN AND ON A LIMITED COMMON
ELEMENT.
Parcel Identification Number: 2737 - 073 -05 -009
WHEREAS, Anthony and M. Deborah Clancy submitted a request for Planned Unit
Development (PUD) Amendment and Specially Planned Area (SPA) Amendment to the Planning
and Zoning Commission; and
WHEREAS, the property is located in the Service Commercial Industrial (SCI) zone
district with PUD and SPA Overlay; and
WHEREAS, the Planned Unit Development approval for the Property was originally
approved by the Aspen City Council via Ordinance No. 18 Series of 2003, and the Obermeyer
Place Plat is recorded in the records of the Clerk and Recorder for Pitkin County at Plat Book 69,
Page 44, Reception No. 498396; and
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department recommended. approval of the PUD and SPA
Amendment; and
WHEREAS, during a regular meeting on May 15, 2012, the, Planning and Zoning
Commission opened a duly noticed public hearing to consider the project; 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; and, r
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal meets 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 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 CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS:
Section 1 .
The PUD and SPA is hereby amended to allow the addition of a privacy screen for Unit #202,
aka Obermeyer Place Condominium Unit #202, as depicted in Exhibit A to this Resolution.
Section 2•
The PUD.and SPA is hereby amended to allow the addition of a fence along the western portion
of the Obermeyer Place property, on a limited common element walkway, as depicted in Exhibit
B of this Resolution.
Section 3•
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.
Section 4•
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 5•
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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15th day of
May, 2012.
A ROVED AS TO FORM:
Deb Quinn, Assistant City Attorney
N
+3spomor�,Chairman
ATTEST:
1
' y
)ackieLofhian, Deputy City Clerk
Exhibit A: Privacy screen plans
Exhibit B: Fence plans on limited common element
Resolution Exhibit A
Yellow = Approved length of privacy screen
Red = Denied length of privacy screen
Resolution Exhibit B
Proposed Fence location and Length
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condo wall Existing atio j /
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\ •. r \ terminate new
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concrete wall
new wood fence to
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