HomeMy WebLinkAboutresolution.apz.001-2013 Resolution No. 1
(SERIES OF 2013)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
DENYING A VARIANCE FROM A RESIDENTIAL DESIGN STANDARD
FOR LOT: 114, SMUGGLER PARK SUBDIVISON, COMMONLY KNOWN AS
114 MAPLE LANE, CITY ASPEN, COUNTY OF PITKIN, COLORADO.
Parcel No. 273707490114
WHEREAS,the Community Development Department received an application from
Camilla and Monty Earl,represented by Mr. and Mrs. Earl,requesting Variance approval from the
Street Oriented Entrance and Principal Window Residential Design Standard, at 114 Maple
Lane; and,
WHEREAS, pursuant to Section 26.410.020 D. Variances, the Planning and Zoning
Commission may approve Residential Design Standard Variances, 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 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 — Street Oriented Entrance and Principal Window (Land Use Code Section
26.410.040(D) 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 January 8, 2013, the Planning and
Zoning Commission denied the variance request, by a five to two (5-2)vote and,
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 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 denies the variance from the following Residential
Design Standard:
Street oriented entrance and principal window. All single-family homes and duplexes,
except as outlined in Subsection 26.410.010.B.4 shall have a street-oriented entrance and
1
a street facing principal window. Multi-family units shall have at least one (1) street-
oriented entrance for every four (4) units and front units must have a street facing a
principal window. On corner lots, entries lorprincipal a should
f all of the following
street has a greater block length. This standard
conditions are met:
a) The entry door shall face the street and be
hall not be taller (10) feet back
(8) feetfrom the
front-most wall of the building. Entry doors
b) A covered entry porch of fifty (50) or more square feet, with a minimum depth of six
(6) feet, shall be part of the front facade. Entry porches and canopies shall not be more
than one (1) story in height.
c) A street-facing principal window requires that a significant window or group of
windows face street.
Section 2:
This resolution shall not affect any existing litigation and shall not operate as an abatement o 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 edrin such p�ended by an authorized
and the same shall be complied with as if fully set
entity.
DENIED by the Planning and Zoning Commission at its meeting on January 8, 2013.
PLAN NG N ZONNING
APPROVED AS TO FORM: co
M I�SI
.
Debbie Quinn, Special Counsel LJ E p4mer , Chair
ATTEST:
ackie Lo hian, Deputy City Clerk
2