HomeMy WebLinkAboutresolution.apz.007-2024RECEPTION#: 705174, R: $33.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 5, 10/02/2024 at 10:49:33 AM
RESOLUTION 907 Ingrid K. Grueter, Pitkin County, CO
SERIES OF 2024
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL FOR SPECIAL REVIEW TO REPLACE A
NONCONFORMING STRUCTURE AT THE PROPERTY AT 401 WEST FRANCIS
STREET, LEGALLY DESCRIBED AS LOTS H AND I, BLOCK 35, CITY AND
TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
PARCEL ID: 2735-124-24-004
WHEREAS, the Community Development department received an application from
Rowland and Broughton, representing Alpengluhen LLC, requesting Special Review to replace a
Nonconforming Structure related to a proposed remodel at 401 West Francis Street; 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, the Community
Development Director recommended approval of the requested development application; 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 26.430, Special Review, considered the recommendation of the Community
Development Director, and took and considered public comment at a duly noticed public hearing
on September 17th, 2024; 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 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 407,
Series of 2024, by a six to zero (6 — 0) vote, approving the requested land use reviews as identified
herein.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1: Approvals
The existing single-family dwelling is a non -conforming structure as defined in the Land Use
Code. Approval is granted for a remodel as depicted in Exhibit A to this resolution, including:
Planning and Zoning Commission
Resolution #07, Series of 2024
Pagel of 3
• A reallocation of floor area that includes the expansion of a basement and adjustments to
first floor massing, and
• Alterations to portions of the structure that fall within the minimum side yard and combined
side yard setbacks.
The following table outlines the approved dimensional limitations that are permitted to continue.
Changes to the approved drawings and dimensional table may be approved at building permit, so
long as the changes reduce the non -conforming structure. The projection into the front yard setback
is increasing due to energy efficiency and fire protection upgrades, as allowed by 26.575.020.e. l .c,
Measuring Setbacks. This is not considered an expansion of the nonconforming structure.
Dimensional Limitation
Allowable
-- - -- - -
Floor Area
3,237 sq. ft.
Minimum Front Yard Setback
10'
Minimum Side Yard Setback
West: 5'
East: 10'
Combined Side Yard Setback
15'
Existing
Proposed
3,800 sq. ft.
-------
3,710 sq. ft.
914"
8' 11"
West: 5' 3"
West: 4' 9"
East: 6' 7 '
East: 9' 9"
11,10"
14'
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.
FINALLY, adopted, passed, and approved this 17th day of September, 2024.
Approved as to form: Approved as to content:
Katherine Johfson, Assistant City Attorney Ireraissa McGovern, Chair
Planning and Zoning Commission
Resolution #07, Series of 2024
Page 2 of 3
Attest:
1
acy TekTj, leputy Clerk
Attachment:
Exhibit A — Approved Drawings
Planning and Zoning Commission
Resolution #07, Series of 2024
Page 3 of 3
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