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Home My WebLink Aboutresolution.apz.008-2013 RECEPTION#: 598071, 03128/2013 at 09:21:17 AM, 1 OF 5, R $31.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO Resolution No. 8 (SERIES OF 2013) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION DENYING A VARIANCE FROM THE REAR YARD SETBACK AND APPROVING VARIANCES FROM THE GARAGE PLACEMENT AND WINDOW HEIGHT RESIDENTIAL DESIGN STANDARDS TO CONSTRUCT A SINGLE-FAMILY RESIDENCE AT 501 WEST HOPKINS AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273512466002 WHEREAS, the Community Development Department received an application from Christopher Huckabee, represented by Menendez Architects, PC, requesting Variance approval from the rear yard setback and Residential Design Standards for garage placement and window height for the construction of a single-family residence and attached garage located at 501 West Hopkins Avenue; and, WHEREAS, pursuant to Section 26.410.D, the Aspen 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, pursuant to Section 26.314.020, the Aspen Planning and Zoning Commission may approve a dimensional variance as part of a consolidated application process authorized by the Community Development Director pursuant to Subsection 26.304.060.B.1; 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 variances from the rear yard setback (Land Use Code Section 26.710.040.D.3) and the Residential Design Standards — Parking, garages and carports (Land Use Code Section 26.410.040.C.2.b); and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended approval of the Variance from Residential Design Standards — Building Elements, Windows (Land Use Code Section 26.410.040.D.3.a); and, WHEREAS, during a duly noticed public hearing on March 19, 2013, the Aspen Planning and Zoning Commission approved Resolution No. 8, Series of 2013, by a 5 to 1 vote, denying a rear yard setback variance and approving Residential Design Standard Variances for garage placement and window height; 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 the Community Development Director, and has taken and considered public comment at a public hearing; 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 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 a variance from: • Medium Density Residential (R-6) zone district rear yard setback Section 26.710.040.D.3 Section 2• Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves variances from the following Residential Design Standards: • L.U.C. Section 26.410.040.C.2.b., Parking, garages and carports (requiring the front fagade of a garage to be set back at least ten (10) feet further from the street than the front-most wall of the house) as depicted in Exhibit A • L.U.C. Section 26.410.040.D.3.a., Building Elements, Windows (prohibiting street-facing windows from spanning between nine (9) and twelve (12) feet above the finished first floor) as depicted in Exhibit B Section 3• 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 4• 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 5• 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 March 19, 2013. APPROVED AS TO FORM: PLANNING D ZONING COMMI�AO Debbie Quinn,Assistant City Attorney EYspamer, Chai ATTEST: ckie Loth an, Deputy City Clerk List of Exhibits Exhibit A: Site plan (representing approved garage location) Exhibit B: East elevations (representing approved window height variance) EXHIBIT A `'t'E97ydpklNSA�EMUE if Aw • i t".�d 1 �J �1 •.ti•.d �••1`.terry `_..._�� -�..,�` `� '��'�.,..._.... sr�sr Mara � r :+� • r s � 4 j EXHIBIT B MAIN= WATIVATOWN VAN t � _ i + $ .' ITT, WNW . - { PARTIAL EAST ELEVATION Wang poll MIT 4: VIA t r + ELE , i } .......... i � 7 r EAST ELEVATION(FOURTH ST.V EV)