HomeMy WebLinkAboutresolution.council.038-23RESOLUTION #038
(SERIES OF 2023)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING HEIGHT
AND SETBACK VARIANCES FOR THE CONSTRUCTION OF A STAIRWELL AT
THE PROPERTY LEGALLY DESCRIBED AS LOT 2, SPRUCE STREET
SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED JULY 15,1985, IN
BOOK 17 AT PAGE 46, COUNTY OF PITKIN, STATE OF COLORADO, COMMONLY
KNOWN AS 570 SPRUCE STREET.
Parcel ID No: 2737-074-18-002
WHEREAS, the Community Development Department received an application for 570
Spruce Street from Rob Gile (Applicant), represented by Ryan Doremus, requesting a Height
Variance and Setback Variances, pursuant to Land Use Code Chapter 26.314; and,
WHEREAS, the subject property is within the R-6 zone district, is 7,124 square feet in
size, annexed subsequent to January 1,1989, and requires compliance with the following minimum
setback and maximum height dimensions:
• Front Yard: Principal buildings 10' and Accessory buildings 15'
• Side Yard: Minimum 10' with a combined side yard minimum of 20'
• Rear Yard: Principal buildings: 10'. For the portion of a principal building used solely as
a garage: 5'. Accessory buildings: 5'
• Maximum Height: 25'
WHEREAS, pursuant to Chapter 26.314 of the Land Use Code, City Council may grant
variances to height and setback requirements in the Land Use Code; and,
WHEREAS, the City Council has reviewed and considered the application 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 March 14th, 2023; and,
WHEREAS, the City Council approves the Dimensional Variance requests, by a three to
zero (3-0) vote, granting approval for a Dimensional Variance, as identified herein; and,
WHEREAS, the City Council 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 COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby grants the following dimensional variances, as displayed in Exhibit A,
approved site plan:
570 Spruce Street:
Illl1111111111111111111111111111111111111111111111111111111111111111111IN City Council
RECEPTION#: 694110, R: $23.00, D: $0 Resolution #038, Series 2023
DOC CODE: RESOLUTION Pagel of 3
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Ingrid K. Grueter, Pitkin County, CO
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West Side Yard Setback: 7' for the construction of a subgrade stairwell.
Combined Side Yard Setback: 17' for the construction of a subgrade stairwell.
Height Variance: 3 l' 6" as measured from the bottom of the subgrade stairwell.
No other development other than grading as represented shall be permitted within established R-6
setbacks other than those projections defined within Land Use Code Subsection 26.575.020.E.5,
Allowed Projections into Setbacks.
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 Community Development Department and the City Council, are hereby incorporated in
such development approvals and the same shall be complied with as if fully set forth herein, unless
amended by other specific conditions or an authorized authority.
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:
Pursuant to Land Use Code Section 26.314.070, the subject variance shall expire 12 months from
the date of the approval unless development has commenced as illustrated by the submission of a
building permit or an extension is granted. The subject variance is not a Site -Specific Development
Plan (SSDP), is not vested, and will not receive a Development Order.
Section 5•
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 City Council of the City of Aspen on this 14th day of March, 2023.
Approved as to form:
,dlim True, City Attorney
tte5t:'4 0.
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Nicole Henning, City CleriC
Attachments:
Exhibit A: Approved Site Plan
Approved as to content:
Torre, Mayor
City Council
Resolution #038, Series 2023
Page 2 of 3
EXISTING SETBACK -
PROPOSED SETBACK -
560 SPRUCE ST
PROPOSED ACCESS
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Exhibit A — Approved Site Plan
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City Council
Resolution #038, Series 2023
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