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Resolution No. 14 M 0 O Pit-b
(SERIES OF 2012)
RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING A VARIANCE FROM THE BUILDING ELEMENTS RESIDENTIAL
DESIGN STANDARD AT 1260 RED BUTTE DRIVE, LOT: 2 GAYLORD
SUBDIVISION, CITY ASPEN, COUNTY OF PITKIN, COLORADO.
Parcel No. 273501316002
WHEREAS,the Community Development Department received an application from
John Collett, represented by Stan Mathis, Stan Mathis Architecture, requesting Variance approval
from the Entry Door Residential Design Standard at 1260 Red Butte Drive; and,
WHEREAS, pursuant to Section 26.410.020 D. Variances, the 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 denial of the Variance from Residential
Design Standard—Building Elements (Land Use Code Section 26.410.040.(D)(1)(a); and,
WHEREAS, the 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, during a duly noticed public hearing on August 7, 2012, the Planning and
Zoning Commission approved this Resolution No 14, (Series of 2012) to deny the variance request
by a five to zero (5 —0)vote.
WHEREAS, the 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 APSEN PLANNING AND
ZONNING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby denies 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 face the street and be no more than ten (10) feet back from the
front-most wall of the building. A variance is granted to permit the entry door to be more than ten (10)
feet back from the front-most wall of the building as outlined in exhibit A of this resolution.
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).
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 Planning and Zoning Commission at its meeting on August 7, 2012.
APPROVED AS TO FORM: PLANNING AND ZONNING
COMMISSION:
Jim True, special Counsel LJ Ersparmer, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
List of Exhibits
Exhibit A: South Elevation