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Home My WebLink Aboutresolution.council.036A-19 RECEPTION#: 655080, R: $63.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 11, 04/08/2019 at 10:18:29 AM RESOLUTION NO.36A Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2019) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING 8040 GREENLINE REVIEW AND VARIANCES FOR SETBACKS AND FLOOR AREA AT A PROPERTY COMMONLY KNOWN AS 660 S. GALENA STREET, LEGALLY DESCRIBED AS LOT 2, TIPPLE WOODS SUBDIVISION, RECORDED MAY 17, 2005 IN PLAT BOOK 73 AT PAGE 19 AS RECEPTION NO. 510204, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 2737-182-96-003 WHEREAS, the Community Development Department received a land use application from; Patrick Smith, Manager, Westpac Aspen Investments, LLC, represented by Chris Bendon of BendonAdams, LLC to allow the construction of an accessible walkway and other improvements for a residence at 660 S. Galena Street, Tipple Woods Subdivision, Lot 2; and, WHEREAS,pursuant to the Land Use Code, the proposed improvements require the following reviews by City Council: • 8040 Greenline Review(Section 26.435.030) e Variances to Setbacks and Floor Area(Chapter 26.314); and, WHEREAS,660 S. Galena Street is a single-family residence in the Lodge (L) Zone District, a non-conforming use; and, WHEREAS, single-family homes in the Lodge (L)Zone District are exempt from the provisions of Referendum No. 1; and, WHEREAS,the City of Aspen Parks and Engineering Departments have reviewed the application and provided referral comments; and, WHEREAS, Community Development Staff has reviewed the application subject to the applicable review criteria and provided a recommendation of approval; and, WHEREAS, the City Council reviewed the application and considered the 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 Council considered the application during public hearing at a regular scheduled meeting on March 25, 2019 and by an four to zero (4 - 0) vote approves Resolution No 36, Series of 2019, subject to conditions; and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. Pagel of 3 660 S. Galena Street; Resolution No.36,Series of 2019 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY.OF ASPEN, COLORADO, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves 8040 Greenline Review and Variances to setbacks and floor area to allow the construction of an accessibility ramp and exterior improvements, including stabilization to the foundation, for the single-family residence at 660 S. Galena Street. Section 2: 8040 Greenline Review The City of Aspen Parks, Engineering and Community Development Departments have reviewed the application related to the 8040 Greenline review standards in the Land Use Code. The project includes an exterior recladding to include new fenestration, siding, roofing and trim, and stabilization efforts to repair the foundation. The addition of the accessibility ramp has also been reviewed against the 8040 Greenline standards. Section 3: Setback Variance The construction of the access ramp requires the placement of structures within the setback. The approval of a variance allows for the construction of foundation, posts, railings, and decking related to the access ramp to be located within the setback and be allowed to be more than the 30" above and below grade limitation in the Land Use Code, as required to complete a building code compliant access ramp. As designed, the access ramp is 12 feet, 3 inches (12'3") above grade at the highest point. Section 4: Floor Area Variance This single-family residence in the Lodge (L) Zone District is a non-conforming use. As such, the existing floor area of the home is also the allowable floor area for the parcel. The land use code allows a 15% exemption of allowable floor area for deck and related exterior features. The addition of the access ramp will cause the property to exceed the deck exemption and will therefore add floor area to the home. As designed, the access ramp will add 419 square feet of deck space to the existing decking. This addition of deck will increase net floor area of the home by 360 square feet. Section 5: Conditions of Approval The approval of the review is subject to the following conditions: 1) The approved variance to floor area is solely for the addition of the access ramp. If the approved ramp is not built, or the ramp is removed in the future, the additional floor area may not be converted or transferred to any other interior or exterior location on the property. 2) The approved variance to setbacks is limited to that necessary for the access ramp. No other variances to improvements in the setbacks are approved. 3) Minor additions to the area (up to 10% more than approved total) and to the height from grade of the access ramp may be approved during building permit review to accommodate technical necessities or building code compliance. Page 2 of 3 660 S.Galena Street;Resolution No.36,Series of 2019 4) Urban Runoff Management Plan requirements will need to be submitted at time of building permit. 5) The applicant shall work with the City of Aspen Parks Department to minimize the impact to existing trees. A tree permit will be required for removal of any code sized trees. Section 5• All material representations and commitments made by the Applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the 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 6• 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 7• 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 City Council of the City of Aspen on this 25th day of March 2019. (,--I— Steve Ska on, Mayor Attest: Linda Manning,City Cler Approved as to form: -- ,-Tames R.True,City Attorney Exhibit: A—Site and Floor Plans, and Elevations Page 3 of 3 660 S.Galena Street;Resolution No. 36,Series of 2019 5; O "liCD d. 1-4 LU J oT OT ($� To OT oT Oi d O CL uj lit ff/ > ! 1 I /g sri I I tV/ \ a 11 I I \ I I \ C I $ \ 8g I t I \ I `JII \ \ I I I I I COD (DI 8 cn •g•�!�g i P yl O Z Q J d uj W N O 0- 0 6g o d W an r' I p I I I \* I 3 I I 1 / I \ 1 \ I / I / 1 / I 1\ li s Ali st y u F an O 8 0 ...P V� s -_ So� � P�.N�NlP. a s ;f e a j u; E 61 U7 0 Q' I i I `� 1 /---------- --4 --------- ,' I-—-— —- iI I I i I —T �-T-- •\ q ze I I \ 4 , \ ----��- - ---- --I ---�-- -�— --- �'�� / c oc >o € e E35 C L E t � L E E g t E I I I I I I I I I I --- ----- I 1 3X11 v]M1lS ------------------- ------------------ - ____ ___________ I �f _ I_ I I I w _-_ I O I I Z O LU J w N= I Ll.l I I 1 I I I I I I I I I I I I I IF-is C002 CD 9 C14 2i Nk Ld aN 0 CL 0 ______ — ------ ----- cr LD 3x- __- _ _ ____ _____ _ ---- ---- ----- ------ > cr C, IRMO'S S CD CD 2 - F -------- - Ld --------- ------ - ---------- 0 ui U) G ---------- T 71 W.� . . ..... ...... 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