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HomeMy WebLinkAboutresolution.apz.019-2013 RECEPTION#: 602396, 08/08/2013 at 03:29:22 PM, 1 of s, R $51.00 Doc Code RESOLUTION Resolution No. 19 Janice K. VoS Caudill, Pitkin County, CO (SERIES OF 2013) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMIS APPROVING RESIDENTIAL DESIGN STANDARDS VARIANCES, SPECIAL REVIEWS AND STREAM MARGIN REVIEW AT 1460 RED BUTTE DRIVE, LEGALLY DESCRIBED AS LOT 3, BLOCK 1, RED BUTTE SUBDIVISION, CITY O ASPEN, PITKIN COUNTY, COLORADO. F Parcel No. 273501302002 WHEREAS, the Community Development Department received an application from Davis Horn Inc., on behalf of Stephen F. Brint Revocable Trust requesting Variance app roval four Residential Design Standards, Special Review for a variance for an accessory dwelling of Special Review to determine and alternative top of slope, and Stream Margin Review for a new single family home located at 1460 Red Butte Drive; and, e�� WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards the Community Development Director recommended approval of two of the four Variance requests, denial of the Special Review for the accessory dwelling unit, approval of S ecial Review for an alternative top of slope and approval for Stream Margin Review; and p WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identifi ed herein, has reviewed and considered the recommendation of the Community Development Director,and has taken and considered public comment g on August 6, 201 at a duly noticed public hearing 3 and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meet either applicable review criteria and that the approval of the request consistent with the goals and objectives of the Land Use Code; and, is WHEREAS, the Planning and Zoning Commission approves the requests; and WHEREAS, the City of 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 Aspen Planning and Zoning Commission: fission: Section 1: Residential Desi n Standards Variances Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code th Planning and Zoning Commission hereby approves a variance application from the following d Residential Design Standards that are underlined, as represented in the application resente before the commission and included as an exhibit to this resolution: p d A. 26 410.040.A.1. Building orientation. The front facades of all principal structures shall be parallel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front fagade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Subsection 26.410.010.13.4 shall be exempt from this requirement. B. 26410.040.C.2(e). Parking, garages and carports. The vehicular entrance width of a garage shall not be greater than twenty-four(24) feet. C. 26.410.040.D.1(a). Building Elements. The entry door shall face the street and be no more than ten (10) feet back from the front most wall of the building. Entry doors shall not be taller than eight (8) feet. D. 26.410.040.D.3(a). Building elements. Street-facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve (12) feet above the finished floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. Section 2: Special Review (for top of slope) Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves an alternative top of slope request via Special Review. Section 3: Stream Margin Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Stream Margin Review for the project as represented in the application presented before the commission. Section 4: Plat The Applicant shall record a site improvement plat that meets the requirements of Land Use Code section 26.435.040 F., Building permit submittal requirements prior to submittal of a building permit. As approved by the Commission, the plat will delineate a 15 feet setback from the top of slope as the building envelope for any development in lieu of a minimum rear yard setback. All other setbacks are subject to the requirements of the underlying zone district. Section 5: Building Permit Application The building permit application shall include the following: A. A copy of the final Planning and Zoning Commission resolution. B. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. D. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which meets adopted City standards. E. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. F. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. G. A detailed excavation plan for review and approval by the City Engineer. H. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 6: Parks A. Tree Protection 1) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. As referenced in Chapter 13.20 2) No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920- 5120) before any construction activities are to commence. As referenced in Chapter 13.20 3) Any access across or through the area of protection is prohibited at all times B. Tree Permit 1) If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid on site or cash in lieu per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. 2) The permit should include the trees which will have impacts from excavation and building under the drip line of the trees. The site plan shows several trees proposed to remain with significant impacts adjacent to or around the trees. The permit shall include a detail of the impacts, which include but are not limited too; depth of excavation,,distance from trunks, height of impacts, etc. Approval of the tree permit is contingent on review and approval of the drip line impacts. C. Stream Margin Improvements/landscaping 1) The landscape plan has to be approved by the City of Aspen Parks Department. Any landscape treatments within the 15 foot setback are required to be native vegetation only. A site visit held on June 25, 2013 determined that the area below the top of slope is in good condition additional landscaped or re-vegetation within the 15 foot setback is prohibited. 2) During a site visit held on June 25, 2013, Staff identified several landscape treatments which are prohibited by the stream margin code 26.435.040. Staff identified several trees which were purposefully damaged and poorly trimmed. These landscape practices are not approved within the stream margin. D. Miscellaneous 1) How and where utility connections are made is a major concern relative to impact on the existing trees and areas of protection. Please detail these connections with the existing vegetation overlaid for building permit review. 2) Grading or slope changes outside of building envelope is prohibited, 26.435.040. 3) A top of slope protection fence is required at the 15 foot setback of the top of slope. Section 7: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant design shall also be compliant with the Urban Runoff Management Plan. Section 8: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met per building permit. Section 9: Utilities The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility -placement and design shall meet adopted City of Aspen standards._ Section 10: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, at the time of construction, which are on file at the District office. All ACSD fees must be paid prior to the issuance of a building permit. Section 11: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 12: Impact Fees and School Lands Dedication Fee-in-Lieu The Applicant shall pay all impact fees and the school lands dedication fee-in-lieu assessed at the time of building permit application submittal and paid at building permit issuance. Section 13: 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_Co_mmission, 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 14: 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 15: 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 Commission at its meeting on August 6, 2013. APPROVED AS TO FORM: Ain ing Commission: Debbie Quinn,Assistant City Attorney ATTEST: RU& Reed Patterson, Deputy City Clerk Attachments: Exhibit 1: Approved site plan, elevations Exhibit 2: Alternative top of slope plan 1 , ❑ El 1 1 ❑ I o y, 1 -------------- co o- RED BUTTE RESIDENCE CHARLES CUNNIFFE ARCHITECTS ®© EK) El'�0 1460 RED BUTTE DRIVE ' n A$FEN,DDLDRADO 6t0 EAST MYMAN AVE.I ASPEN.0081611 1 lEL9M.9253590 I FAx 9]09N.155] - ©. - Q i i I i i i i I I I i i i - 1._._._ _..i__._._..-.._._.._._._._._.._ _.i.._.._._.._..___._.___.._..+__.. i i i i i I i i i i i i i i i i i I i i i i I i i i i i I i i i i I I i i i I I i i i i I i i i by i i �✓l vl ID i 6 Q m ! a _ 1 b < I 3 Si 0 ®- ® T a � ! a i W ! ! , (D S ' u I i _ __._.._ ___ yY 4 Z I ti m ! 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