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1 OF 3, R $21.00 Doc Code RESOLUTION
Janice K.Vos Caudill, Pitkin County, CO
Resolution No. 2
(SERIES OF 2014)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING ONE RESIDENTIAL DESIGN STANDARDS VARIANCE AT 4311433 W.
HALLAM STREET, LEGALLY DESCRIBED AS THE NORTHERLY 70 FEET OF
LOTS A, B, AND C, EXCEPT THE EASTERLY 39 INCHES OF LOT C, ALL OF
WHICH PROPERTY IS SITUATE IN BLOCK 36 IN THE CITY AND TOWNSITE OF
ASPEN
Parcel No. 273512433001
WHEREAS, the Community Development Department received an application from
Dylan Johns of Zone 4 Architects, on behalf of DH Hallam LLC requesting Variance approval
from two Residential Design Standards for a new single family home located at 431/433 W.
Hallam Street; and,
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 denial of the two Variance requests; 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 of the Community Development Director,
and has taken and considered public comment at a duly noticed public hearing on January 7, 2014,
and where the hearing was continued to January 21 st and again to March 4th; and
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets the applicable review criteria for one requested variance but not both,
and that the approval of the one request is consistent with the goals and objectives of the Land Use
Code; and,
WHEREAS, the Planning and Zoning Commission approves one of 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:
Section 1: Residential Design Standards Variances
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby approves one of the variance requests from the
following Residential Design Standards that are underlined below, as represented in the
application presented before the Commission and included as an exhibit to this resolution:
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A. 26.410.040.C.2.b. Parking, garages and carports. The front fagade of the garage or the
front-most supporting column of a carport shall be set back at least ten (10) feet further from the
street than the front-most wall of the house.
The variance requestfrom sub-section 26.410.040.C.2.b. is denied.
B. 26.410.040.C.2.f Parking, garages and carports. If the garage doors are visible from a public
street or alley, then they shall be single-stall doors, or double-stall doors designed to appear like
single-stall doors.
The variance request from sub-section 26.410.040.C.2.f. is granted and allows the applicant to
build a two car garage door that need not appear like single-stall doors.
Section 2: Building Permit Application
Other than the one variance granted, the building permit application shall be compliant with all
other standards and requirements of the City of Aspen Municipal Code and all other adopted
regulations.
Section 3: 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 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.
Section 5•
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 6•
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 March 4, 2014.
APPROVED AS TO FORM: Planning and Zoning Commission:
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Debbie Quinn,Assistant City Attorney '"Ers amer, Chair
ATTEST:
Linda Manning, Records anager
Attachments:
Exhibit 1: Approved site plan, elevations
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