HomeMy WebLinkAboutLand Use Case.309 N 3rd St.A 109-00CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A109-00
2735-124-24007
Gallant Residence DRAC
309 N. Third
Sarah Oates
DRAC
Mel and Marylin Gallant
Earl Anderson
10/3/00
Reso. #45-2000
Approved- Secondary
11 /7/00
J. Lindt
w CIQ �i
c�j
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Mel and Marylin Gallant, 309 N. Third St., Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
North Y2 of Lots R & S, Block 35, City and Townsite of Aspen
Legal Description and Street Address of Subject Property
Secondary Mass Variance
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Planning and Zoning Commission Resolution #45-2000, 10/3/00
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
October 14, 2000
Effective Date of Development Order (Same as date of publication of notice of approval.)
October 15, 2003
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 14th day of October, 2000, by the City of Aspen Community
Devel-moment Director.
Julie
Woods, Community Development Director
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: North 1/2, of Lots R & S, Block 35, City and Townsite of
Aspen, by resolution of the Planning and Zoning Commission numbered 45, series of
2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community
Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090.
s/City of Aspen Account
Publish in The Aspen Times on October 14, 2000
Resolution No.46
(SERIES OF 2000)
RESOLUTION OF THE PLANNING AND ZONING COMMISSION
APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN STANDARDS
FOR "SECONDARY MASS" AND A VARIANCE TO THE SETBACK
REQUIREMENTS OF THE R-6 ZONE DISTRICT FOR THE NORTH V2 OF
LOTS R AND S, BLOCK 35, 309 N. THIRD STREET, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2735-124-24007
WHEREAS, the Community Development Department received an application
from Mel and Mary Gallant, owners, represented by Earl Anderson of Anderson Design,
for a variance from the Residential Design Standards and Variances from the dimensional
requirements of Chapter 26 of the Aspen Municipal Code for the north %2 of Lots R and
S, Block 35, 309 N. Third; and,
WHEREAS, the property located at 309 N. Third is a 3,000 square foot, located
in the R-6 Zone District, and currently contains a single-family dwelling; and,
WHEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code,
Community Development Department staff reviewed the applicant's application for
compliance with the Residential Design Standards of Section 26.410.040 of the Aspen
Municipal Code and found the submitted development application to be inconsistent with
Standard 26.410.040(B)(1), Secondary Mass, of the Aspen Municipal Code and the
dimensional requirements of Section 26.710.040; and
WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that
if an application is found by Community Development Department staff to be
inconsistent with any item of the Residential Design Standards, the applicant may either
amend the application or appeal staff s findings to the Design Review Appeal Board
pursuant to Chapter 26.222, Design Review Appeal Board; and
WHEREAS, pursuant to Section 26.410.020(B) of the Aspen Municipal Code,
the applicant submitted a request for a variance from Standard 26.410.040(B)(1) of the
Aspen Municipal Code to the Design Review Appeal Board as it applies to secondary
mass and the dimensional requirements of Section 26.710.040; and
WHEREAS, all applications for appeal from the Residential Design Standards of
Section 26.410.040 must meet one of the following review standards in order for the
Design Review Appeal Committee or other decision making administrative body to grant
an exception, namely the proposal must:
a) yield greater compliance with the goals of the Aspen Area Community Plan;
b) more effectively address the issue or problem a given standard or provision
responds to; or
c) be clearly necessary for reasons of fairness related to unusual site specific
constraints; and
WHEREAS, Section 26.314 of the Aspen Municipal Code provides that an
application for a variance from the dimensional requirements of the code can be reviewed
by the Planning and Zoning Commission if it is part of a consolidated process; and
WHEREAS, in order to authorize a variance from the dimensional requirements
of Title 26, the appropriate decision making body shall make a finding that the following
three (3) circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals,
objectives, and policies of the Aspen Area Community Plan and Chapter 26 of the
Aspen Municipal Code.
3. The grant of variance is the minimum variance that will make possible the
reasonable use of the parcel, building or structure.
3. The literal interpretation and enforcement of the terms of Chapter 26 of the
Aspen Municipal Code would deprive the applicant of rights commonly enjoyed by
other parcels in the same zone district, and would cause the applicant unnecessary
hardship or practical difficulty. In determining that the applicant's rights would be
deprived absent a variance, the Board considered certain special conditions and
circumstances which are unique to the parcel, building or structure, which are not
applicable to other parcels, structures or buildings in the same zone district and
which do not result from the actions of the applicant.
WHEREAS, during a duly noticed public hearing at a regular meeting on
October 3, 2000, the Planning and Zoning Commission, which also served as the Design
Review Appeal Board, approved a variance from the Secondary Mass standard of Section
26.410.040(B)(1) of the Aspen Municipal Code as it applies to secondary mass for 309
N. Third by a vote of 5 to 0 and denied variances from the dimensional requirements of
Chapter 26 of the Aspen Municipal Code by a vote of 3 to 2, without conditions,
NOW, THEREFORE BE IT RESOLVED by the City of Aspen Planning and Zoning
Commission, also serving as the Design Review Appeals Committee and Board of
Adjustment:
Section 1
That a proposed variance for a single-family residence at 309 N. Third Street, Aspen,
Colorado, is approved pursuant to Section 26.410.040(B)(1), Secondary Mass, of the
Residential Design Standards finding that a variance is clearly necessary for reasons of
fairness related to unusual or site specific constraints.
2
Section 2
That the proposed five (5) foot rear yard setback variance, and ten (10) foot combined
front and rear yard setback variance for a single-family residence at 309 N. Third, Aspen,
Colorado, is denied pursuant to Section 26.710.040(D)(4), Minimum Front and Rear Yard,
finding that none of the review standards have been met.
Section 3
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 or City Council, 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 4
This Ordinance shall not effect 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 i
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 regular meeting on October 3, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney
ATTEST:
City Clerk
gAhome\saraho\p1anning\drac\3 09nthird
Robert Blaich, Chair
130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
0
To:
Paul Taddune
From:
Sarah Oates
Fax:
925-9199
Pages:
3
Phone:
Date:
October 23, 2000
Re:
2 Cases
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
e Comments: Paul —Attached please find information on 2 different cases. I wrote a letter to the
Burrows on July 27, 2000 re. their BOA case. Apparently they never received a copy so here is one for
the file.
Also, attached is a notice for the Nov. 2, 2000 BOA meeting for 309 N. Third. There is nothing in the
code that prohibits the owners for reapplying to the BOA for the variance, and that is how they plan to
precede.
NOTICE OF PUBLIC HEARING
CASE #00-12
Before the City of Aspen Board of Adjustment
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOW:
Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the
BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may
be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority
for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons
affected by the proposed variance are invited to appear and state their views, protests or objections. If you
cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you
have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions
of surrounding property owners and others affected in deciding whether to grant or deny the request for
variance.
Particulars of the hearing and requested variance are as follows:
Date and Time of Meeting:
Date: November 2, 2000
Time: 4:00 P.M.
Owner for Variance:
Name: Mel and Marilyn Gallant
Address: 309 N. Third Street
Aspen, CO 81611
Location or description of property:
309 N. Third Street, Lots R & S, Block 35
Variances Requested:
Applicant for Variance:
Earl Anderson
Anderson Design Studio
33 Sagewood Court
Basalt, CO 81621
The applicant is requesting a five (5) foot rear yard setback variance and a ten (10) foot combined front and
rear yard setback variance for the construction of a single-family home and Accessory Dwelling Unit.
Will applicant be represented by Counsel: YES: X NO:
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman