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Home My WebLink Aboutresolution.apz.12-2021 RECEPTIONM 680846, R: $23.00, D:$0.00 DOC CODE: RESOLUTION Pg 1 of 3,09/24/2021 at 10:42:34 AM Janice K.Vos Caudill, Pitkin County, CO RESOLUTION#12 (SERIES OF 2021) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING SPECIAL REVIEW/STREAM MARGIN APPROVAL FOR THE PROPERTY LOCATED AT 1050 WATERS AVENUE,UNIT 15,ASPEN TOWNHOUSES BY THE RIVER CONDOMINIUMS, CITY OF ASPEN, COLORADO PARCEL ID: 2737-182-40-017 WHEREAS, the Community Development department received an application from BendonAdams, representing Mark Tye Trust, requesting Special Review/Stream Margin related to a deck which is located at 1050 Waters Avenue,Unit 15 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 provided for in section 26.312.030 of the Land Use Code; 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# %L, Series of 2021, by a U to 6 (x - x) vote, recommending approval for Special Review/Stream Margin approval as identified herein. NOW, THEREFORE BE IT RESOLVED the City of Aspen Planning and Zoning Commission finds as follows: Section 1: Legal Non-Conformina Structure P&Z Resolution# 12, Series of 2021 1 The deck is a legal non-conforming structure as defined in the Land Use Code. The applicant's representation that the dimension and location as has been in place for a long period of time are accepted. 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: 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 3: 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. Section 4: 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 ONING qcer�cKnight, Katharine J on, Assistant City Attorney air ATTEST: Nicole Henning, City Clerk Attachment: Exhibit A-Approved survey of legal non-conforming structure P&Z Resolution# 12, Series of 2021 2 b Ql w ct ti g @i• QQ It tic L 41 S 00"""00" S 114.20' p Rp M.p�b3 at " o 195 •e � �01 1 � � Vr .oyr �r 00 � r r r a i k a I N ♦ --� €' �0 A 4-- 8 �nitit