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HomeMy WebLinkAboutresolution.apz.002-2015 RESOLUTION NO. 2 (Series of 2015) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING SPECIAL REVIEW TO REPLACE A NONCONFOMING STRUCTURE FOR 212 LAKE AVENUE, UNITS A AND B OF THE 212 LAKE . AVENUE CONDOMINIUMS, ASPEN, COLORADO Parcel Nos. 273512489004 and 273512489005 WHEREAS, the applicant, Aspen River Rendezvous LLC, represented by Benjamin Genshaft, as well as Harriman Construction and David Kelly of Oates, Knezevich, Gardenswartz, Kelly & Morrow, PC, submitted an application requesting Special Review — Replacement of a nonconforming structure for the property located at 212 Lake Avenue, legally described as Units A and B of the 212 Lake Avenue Condominiums, City and Townsite of Aspen, Colorado; and WHEREAS, 212 Lake Avenue is a designated landmark; and WHEREAS, Community Development Department staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended denial of Special Review — Replacement of a nonconforming structure; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal 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 January 6 continued to January 13, 2015; and WHEREAS, the Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare by a vote of 4 to 0 (4-0). NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF ASPEN, COLORADO, THAT: Section 1: Decision The Planning and Zoning Commission approves the request of Special Review—Replacement of a nonconforming structure for the building commonly known as 212 Lake Avenue as the request does not meet all standards required under Section 26.430.040 B, Replacement of nonconforming structures. The Commission specifically finds that, pursuant to Sections Section 26.430.040 (A) and (B): 1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or RECEPTION#: 616909, 01/2312015 at 01:07:59 PM, Page 1 of 3 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO i I enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district; and 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or,,blocking of a designated view plane; and 3. There exist special characteristics unique to the property which differentiate the property from other properties located in the same zone district; and 4. No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and 5. Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. The Commission specifically approves the following request of Special Review — Replacement of a nonconforming structure: A. The applicant may remove and/or replace the exterior roof and wall surface area and /or subsurface components affected by toxic mold to adequately address the mold in the structure and life, health and safety issues associated with the existing structure upon review and approval of the Historic Preservation Officer. B. The applicant may remodel 212 Lake Avenue as represented to and approved by the Aspen Historic Preservation Commission as Resolution 10, Series 2014. 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. Page 2 of 3 J APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6`'' day of January, 2015. Approved as to form: Approved as to content: &At:� �2�� e;-zxt Deborah Quinn,Assistant City Attorney Stan Gibbs,Vice Chair © ���SI- Attest: Cindy Klob,Records Manager Page 3 of 3