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HomeMy WebLinkAboutresolution.apz.004-14 RECEPTION#: 609436, 04/14/2014 at 09:29:02 AM, 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION No. 4 (SERIES OF 2014) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN APPROVING FOUR RESIDENTIAL DESIGN STANDARD VARIANCES FOR THE PROPERTY LOCATED AT LOT 5, BLOCK 1 OF THE WEST MEADOW SUBDIVISION, COMMONLY KNOWN AS 1330 MOUNTAIN VIEW DRIVE, CITY OF ASPEN Parcel Identification Number: 2735-013-08-006 WHEREAS, The Joseph P. Tallman Legacy Trust, as owner of 1330 Mountain View Dr., submitted a request for four Residential Design Standard Variances for consideration by the Planning and Zoning Commission for a land use review from the following standards: • 26.410.040.A.1 —Building orientation; • 26.410.040.D.3.c— Side-loaded garage doors; 26.040.410.D.La—Location of entry door; and • 26.040.410.D.3.a— Street-facing windows spanning 9'-12' zone. WHEREAS, the property is located in the R-15 Moderate-Density Residential zone district and is Lot 5 of the West Meadow Subdivision; and WHEREAS, the subdivision plat for the property was originally approved by the Pitkin County Planning and Zoning Commission in 1958 and is recorded in the records of the Clerk and Recorder for Pitkin County at Plat Book 2, Page 245, Reception No. 106400; and WHEREAS, the Community Development Director has reviewed the request and has submitted a recommendation of approval of one of the variance requests and denial of the remaining three variance requests to the Planning and Zoning Commission; and WHEREAS, during a duly noticed public hearing on April 1, 2014, upon review and consideration of the recommendation of the Community Development Department, presentation from the Applicant, and consideration of the proposal, the Planning and Zoning Commission approves the review as requested by the Applicant, finding that it meets the criteria as described in Subsection 26.410.020.D.2 of the Land Use Code; 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 CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1 The following shall be permitted, as indicated in Exhibit A of this Resolution: I a. The building shall be oriented to as if the lot were a curvilinear street, parallel to the tangent of the midpoint of the arc of the street; b. The garage shall be permitted side-loaded at an angle not perpendicular to the street; c. The front door shall be set back further than 10' from the front-most wall of the building; and d. Windows on either side of the street-facing entryway door shall be permitted to span through the nine (9) foot to twelve (12) foot area, as measured from the finished first floor. Section 2• 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 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. APPROVED he Planning and Zoning Commission of the City of Aspen on this 1 st day of April, 2014. LJ rspamer, Chairman APPROVED AS TO FORM: Deb ie Quinn,Assistant City Attorney AT�jEST: Linda Manning, Records Mana er Exhibit A: Site Plan 2 Resolution Exhibit A Site Plan CUT LEE AA C Lj o y \ \ 1 \ I 1 I ti