HomeMy WebLinkAboutresolution.apz.002-2023I IIIIII11111 IIIIIIIIII IIIII IIIII Idll IIII II I Illlilll IIIII IIIII IIII IIIIIlIII
RECEPTION#: 695198, R: $63.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 11, 05/30/2023 at 02:05:18 PM
RESOLUTION #2 Ingrid K. Grueter, Pitkin County, CO
(SERIES OF 2023)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL FOR HALLAM LAKE BLUFF REVIEW, SPECIAL REVIEW
— AUTHORITY TO CONTINUE A NONCONFORMING STRUCTURE AND
RESIDENTIAL DESIGN STANDARD VARIATIONS FOR THE PROPERTY
LOCATED AT 230 LAKE AVE., LEGALLY DESCRIBED AS LOT 16, HARMON
GROUP-TOMLINSON LOT LINE ADJUSTMENT PLAT, AS SHOWN ON THE PLAT
RECORDED JANUARY 17, 1990 IN PLAT BOOK 23 AT PAGE 77, COUNTY OF
PITKIN, STATE OF COLORADO
PARCEL ID:2735-124-88-001
WHEREAS, the Community Development department received an application from
BendonAdams, representing 230 Lake, LLC, requesting Hallam Lake Bluff Review, Special
Review — Authority to Continue a Nonconforming Structure and Residential Design Standard
Variation reviews related to a proposed remodel and addition located at 230 Lake Avenue; and,
WHEREAS, the application was submitted during a period when the City of Aspen was
enjoined from enforcing the terms of Ordinance 27, Series of 2021, an ordinance placing a
moratorium on land use applications and building permits for residential development throughout
the City. As a result, this application, if approved and pursued within the limits of Vested Rights,
is subject to the Land Use Code in place prior to the adoption of Ordinance 27, Series of 2021, and
is not subject to the code amendments resulting from the adoption of Ordinances 13 and 14, Series
of 2022; and
WHEREAS, the property is located in the Medium Density Residential (R-6) zone district;
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
recommended approval of the requested development application; and,
WHEREAS, the City of Aspen Planning and Zoning Commission opened and continued two
public hearings on January 171h and March 3rd to March 14th, where the Planning and Zoning
Commission reviewed and considered the application under the applicable provisions of the Land
Use Code as identified herein, in particular sections 26.435.060 — Hallam Lake Bluff, 26.430
Special Review, and 26.410.020.0 — Residential Design Standard Variations, considered the
recommendation of the Community Development Director and took and considered public
comment at a duly noticed public hearing on March 14th, 2023; and,
P&Z Resolution #2, Series of 2023
1
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development
proposal for Hallam Lake Bluff Review, Special Review — Authority to Continue a
Nonconforming Structure, and Residential Design Standard Variations meets the applicable
review criteria and that approval of the request as described below 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 #2,
Series of 2023, by a three to one (3 - 1) vote, approving the requested land use reviews as identified
herein.
NOW, THEREFORE BE IT RESOLVED the City of Aspen Planning and Zoning
Commission finds as follows:
Section I: Hallam Lake Bluff Review
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby approves a Hallam Lake Bluff Review for development
within the Hallam Lake Bluff Review Area as depicted in Exhibit A. The Parks, Engineering, and
Zoning Departments recommended conditions of approval regarding the Hallam Lake Bluff
Review that must be met prior to building permit issuance are described in Section 4.
Section 2: Special Review — Authority to Continue a Non -Conforming Structure
The existing single-family dwelling is a legal non -conforming structure as defined in the Land Use
Code. Approval is granted for a remodel and renovation as depicted in Exhibit A to this resolution,
and including:
• A reallocation of floor area that includes the addition of a basement and additional second
story massing,
Alterations to portions of the structure that fall within the minimum side yard and combined
side yard setbacks, and,
Changes to the footprint that continue, but reduce the non -conforming site coverage.
The following table outlines the approved dimensional limitations that are permitted to continue:
Dimensional Limitation
Allowable
Existing
Proposed
Site Coverage
30%
34.9%
32%
Gross Floor Area
No requirement
5,966 sq. ft.
As represented in
land use
application
Floor Area
3,384 sq. ft.
4,484 sq. ft.
4, 484 sq. ft.
Minimum Side Yard Setback
North: 15'
North: 5'6"
North: 5'6"
South: 15'
South: 9'2"
South: 9'2"
Combined Side Yard Setback
404"
14'8"
1418"
P&Z Resolution #2, Series of 2023
2
Section 3: Residential Design Standard Variations and Approval
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby approves Residential Design Standard Review with
Variations to the Articulation of Building Mass and Entry Connection Residential Design
Standards as depicted and further described in Exhibit B to this Resolution.
Section 4: Conditions of Approval
The following conditions of approval must be met prior to building permit issuance:
• The project must comply with all applicable Engineering Standards prior to building permit
issuance, including requirements for a Major Development within the Urban Runoff Plan.
■ Final verification that Demolition is not triggered will be confirmed prior to Building
Permit issuance. If Demolition is found to be triggered during construction, the project
approval will be deemed void, ab initio. Any subsequent application for redevelopment of
the property shall be subject to and reviewed under the codes in place as the time of the
new land use application.
• Compliance with applicable Parks requirements will be verified prior to building permit
issuance.
• Impacts to trees on neighboring properties will need to be minimized and distances from
trunks of trees will need to be shown.
• Construction methodology and excavation plan shall be confirmed with the Parks
Department for excavation in the area along the 15' offset from the Top of Slope prior to
building permit issuance.
• The location and extents of excavation for the installation of stormwater and other utility
infrastructure shall be confirmed by the Parks Department to not negatively impact trees
prior to building permit issuance.
• The shoring plan shall be approved by the Parks department to not negatively impact trees.
• The tree removal plan, and requirements for any applicable tree health plans, shall be
approved prior to building permit issuance.
• Verification that the height over topography represented in the land use review is consistent
with the final civil grading plans provided as part of the permit application is required prior
to building permit issuance. Any deviation from the plan providing during land use review
will be evaluated to determine is an amendment to this approval is required. The extent of
the changes will determine if an amendment is required.
Section 5: 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 6: 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 #2, Series of 2023
3
Section 7: 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 March 14, 2021
APPROVED AS TO FORM:
ow
Katharine Jo on, Assistant City Attorney
ATTEST: %p
Cindy Klob, Records Manager
Attachment:
Exhibit A — Approved Drawings
Exhibit B — RDS Approval Checklist and Drawings
PLANNING AND ZONING
�MMISSID
IJ'
.S6L -
Teraissa McGovern, Chair
P&Z Resolution #2, Series of 2023
4
zzzz
0000
g °yd i a `a g
'Hill_
_ _
w 8 ��
gy
y
H
N 7i�Ei�5ye$ea
Q �•
tl
m
" k y ppp55 pp g�g
v
a
p
a
0
C
O
O
_a
L
N
c
O
f0
N
C
O
U
N
0
c
m
U
m
Q
cc
L
U
0
c
aD
O
c
m
0
0
cu
a)
O
rn
C
m
c
Ao
0
cn
m
U
U
a�
tm
N
O
M
c
0
c
a�
V
Q
a)
tm
N
f0
C�
N
w
O
a;
a4i
.a
0
ca
O
a
0
a
cc
E2
O
O
a
O
tm
2
ca
rn
a2
rn
C
.N
LL
W
,c
cn
c
0
C.
cn
A�
W
T
c
ca
L
N
N
CO
ca
0
`o
O
a
c
0
rn
c
i
N
cn
W
44
ra
c
a�
E
L
cr
L
N
0
7
C
E
a�
L_
a
0
0
N
3
0
a
C
CD
c
0-2
�-0
cn a
4°
o cn
EL
t�
vi
a�
�L
O
co
c
a
O
C
O
C
cc
> c
O cc
nE
N �
0 �3
L C
.. ca
co co
.r-
O O
Ea
3 3
0 0
as
New
C N
N
N
O
a
O
a
0
3
0
3
a
c
m
m
ca
rn
_N
C
SSSSQ
s
_-
_
�Ng�nso
P'�•1
--
� � :6 a a ry�
H �•
_
_
O
ii0h
_
$
�
Q&
Yaey 3=i/9 [�
SF"ik
!N
3•=9. 5
Q
E
Fl11 a5`
Q O-.ki�i33
z 7-
F
@
A'lg Yu
N 9 5°y6
_
_
i5
Q
W..
m� m0
10�
��
QF7
•
—z
nil
■'~`�
■
oil
�1fN Ell
Ell
all
1111114
_ illEli
�6r�
all
ra^5.� cYa�r
1�AlI 1■.1
�OIJ■JI
Eli
�1lN �ll!■11
�IN� �11111
1■�II QED
�Ilee
���?�'�11
�
I
I
I
1
■/��� ��� _III t _._---�---�T
11 1 I1 1
a� I LYA3
W I
> 1
9
� I
I
1 r ---------------
------------------ ----------------------
wa G�S-0C
E
a
5555a
=
F M"n
OE
dim",
M
N 95s4g�aP
CD
g Q oi3:014
Cm-�
m
�X eig 6s
ooE o
T YZZZZy go
S
w g5g y�@. Ym
o : El
flit A
Pie
�W„a Pie
• W� 6Y
o F e
Rwi
HSU
W�6Y` wGf
N MR.
3�
0-------
I S
I
I
1 II
I
I
1
1 I 1
1 1 1
J!-3
8m"A�
I I
II
II
I
o co0
19O
W
W
CA
Cdw
i5
s
No$.�_'Co
o
3 qC f
S � _
>1. B a a
I�1�� Cz
I
1
I
I