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Home My WebLink Aboutresolution.apz.11-2021 RECEPTION#:680847, R: $28.00, D:$0.00 DOC CODE: RESOLUTION P9 1 of 4,09/24/2021 at 10:42:36 AM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION#11 (SERIES OF 2021) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING SPECIAL REVIEW/STREAM MARGIN REVIEW FOR THE PROPERTY LOCATED AT 1050 WATER AVENUE,UNIT 13,ASPEN TOWNHOUSES BY THE RIVER CONDOUNIUMS, CITY OF ASPEN. PARCEL ID: 2737-182-40-015 WHEREAS, the Community Development department received an application from BendonAdams representing Andrew& Ivette Rothschild, requesting Special Review and Stream Margin Review approvals related to a deck which was recently repaired and altered without requisite land use and building permits and which is located at 1050 Waters Avenue, Unit 13 of the Aspen Townhouses by the River Condominiums; and, WHEREAS, the Community Development department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS,upon review of the application and the Land Use Code standards, and referral of the application to other City Departments for comments, the Community Development Director recommends Special Review and Stream Margin approval to accept the deck as an existing non- conformity, and to accept the replacement of the deck surface and some support structure as maintenance of a legal non-conforming structure provided for in section 26.312.030 of the Land Use Code. The Community Development Director recommends, however, that the Planning and Zoning Commission require the removal of recently constructed expansions to the deck features due to their non-compliant location within the Stream Margin; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the application under the applicable provisions of the Land Use Code as identified herein, in particular Section 26.312.030, reviewed and considered the recommendation of the Community Development Director and took and considered public comment at a duly noticed public hearing on June 1, 2021 and September 21', 2021; and, WHEREAS,the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that approval of the request is consistent with the goals and objectives of the Land Use Code; 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, and, WHEREAS,the City of Aspen Planning and Zoning Commission approves Resolution# Series of 2021, by a 6 to V (x-x)vote, recommending approval for Special Review/Stream Margin approval as identified herein. P&Z Resolution# //, Series of 2021 Page 1 of 3 NOW,THEREFORE,BE IT RESOLVED the City of Aspen Planning and Zoning Commission finds as follows: Section 1: Legal Non-Conforming Structure. The deck is a legal non-conforming structure as defined in the Land Use Code. The applicant's representation that the recent replacement of the deck surface, benches, and select supports were undertaken in the same dimension and location as has been in place for a long period of time are accepted and the work is considered to have been maintenance and repair. The accepted dimensions of the deck are as depicted on Exhibit A. Pursuant to Section 26.312.030, moving forward, the deck shall be subject to regulation as a non- conforming structure and may not be expanded, enlarged, or extended in any manner that increases the nonconformity unless any required approvals are issued. Section 2: Removal of Unapproved Expansions of the Non-Conforming Deck. All elements that have been recently added to the deck, with the exception of those described above, are subject to the following conditions: 1. The stairs and concrete landing adjacent to the deck shall be removed within a reasonable amount of time, but in no event later than nine months from September 21, 2021. 2. A Revegetation Plan shall be submitted and approved prior to any construction or work on the stairs and landing. Revegetation shall be completed in accordance with the Revegetation Plan. 3. The pergola constructed above the deck shall be removed within a reasonable amount of time, but in no event later than nine months from September 21, 2021. 4. The walls on either end of the deck have been repaired and now exceed the original dimensions. The deck walls shall be returned to their original size which shall be consistent with the adjacent deck on Unit#15 within a reasonable amount of time,but in no event later than nine months from September 21, 2021 5. All work completed in accordance with this approval shall comply with all building codes, and building permits shall be obtained prior to commencement of work. All permit fees will be doubled, consistent with penalties for work undertaken without a building permit. Section 3: Material Representations 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 site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: Existing Litigation 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. P&Z Resolution# , Series of 2021 Page 2 of 3 Section 5: Severability 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 September 21, 2021. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSIO a harine Jo n,Assistant City Attorney pe McKnight,Ch ATTEST: Nicole Henning, City Cl Attachment: Exhibit A-Approved survey of legal non-conforming structure P&Z Resolution# , Series of 2021 Page 3 of 3 all L ki IT y ti Hsi a d= 3 a4 :+�^ „• ` `y . Fo b` � �4� � e ��$ �g t� ••44....,,�9�t�,�`� l 't �� s� 0 3 d�R lit c lit i S 00e44 00" F 14.20' O V — I ch, b ®B8®e® - E %• •g _ /ti O i 4� a 7 0a a `6 � �V•G I w • ed� /. ® aiSa !�nlall