HomeMy WebLinkAboutresolution.apz.011-2024RESOLUTION #11
(SERIES OF 2024)
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RECEPTION#: 706638, R: $28.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 4, 12/10/2024 at 04:00: 14 PM
Ingrid K. Grueter, Pitkin County, CO
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A RESIDENTIAL DESIGN STANDARD VARIATION FOR A
PROPERTY LEGALLY DESCRIBED AS 950 CEMETERY LANE, CONDOMINIUM
UNIT 2, THE MERRY CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM
MAP RECORDED SEPTEMBER 2, 1986 IN PLAT BOOK 18 AT PAGE 97 AND FIRST
AMENDMENT TO THE CONDOMINIUMS MAP RECORDED AUGUST 12, 1997 IN
PLAT BOOK 43 AT PAGE 37, AND ACCORDING TO THE CONDOMINIUM
DECLARATION FOR THE MERRY CONDOMINIUMS, RECORDED SEPTEMBER 2,
1986 IN BOOK 517 AT PAGE 964 AS RECEPTION NO. SUPPLEMENTAL
CONDOMINIUM DECLARATION, RECORDED SEPTEMBER 29, 1986, IN BOOK 519
AT PAGE 793 AS RECEPTION NO. 281896, SECOND SUPPLEMENTAL
CONDOMINIUM DECLARATION, RECORDED JUNE 23, 1992, IN BOOK 681 AT
PAGE 565 AS RECEPTION NO. 346101 AND THIRD SUPPLEMENTAL TO
CONDOMINIUM DECLARATION FOR THE MERRY CONDOMINIUMS RECORDED
OCTOBER 11, 2017 AS RECEPTION NO. 642133, COUNTY OF PITKIN, STATE OF
COLORADO.
PARCEL IDENTIFICATION NUMBER: 2735-122-83-002
WHEREAS, the Community Development Department received an application from SBS
Properties, LLC, owner of 950 Cemetery Lane, Aspen, CO 81611 represented by Forrest
Lundgren, Forum Phi, 210 East Hyman Avenue Suite 202, Aspen, CO, 81611 requesting approval
for a Residential Design Standard Variation for the property at 950 Cemetery Lane; 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 applicable Land Use Code standards,
the Community Development Director recommended denial of Residential Design Standard
Variation; and,
WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as identified herein,
reviewed and considered the recommendation of the Community Development Director, and took
and considered public comment at a duly noticed public hearing on November 19, 2024; and,
WHEREAS, on November 19, 2024, during a duly noticed public hearing, the City of
Aspen Planning & Zoning Commission reviewed the projectand voted to continue the application
at the applicant's request; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development
proposal meets the applicable review criteria and that the approval of the request is consistent with
the goals and objectives of the Land Use Code; and,
P&Z Resolution #11, Series of 2024
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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 Planning and Zoning Commission approves Resolution # 11, Series of
2024, by a five to one (5-1) vote, granting approval of the Residential Design Standard Variation
as identified herein.
NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission:
Section 1: Residential Design Standard Variation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby approves the request for a Residential Design Standard
variation to install street-facing garage doors between the primary building fa9ade and Cemetery
Lane, (Chapter 26.410.020.C, Variations), varying from the Garage Placement standard. Issuance
of this variation does not alter the applicability or intent of the Residential Design Standards as
applied to development activities within the City of Aspen. All other dimensional standards
including height and setbacks shall be met.
Section 2: Vested Rights
The development approvals granted herein shall constitute a vested property right attaching to and
running with the lot for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any'of the terms and conditions attendant to this approval shall result
in the forfeiture of said vested property right.
Section 3: 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 4: 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 5: 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 Planning and Zoning Commission at its regular meeting on December 3,
2024.
P&Z Resolution #11, Series of2024
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APPROVED AS TO FORM:
ATTEST:
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Exhibit A: Approved Site Plan
PLANNING AND ZONING
COMMISSION:
OJ®
Christine Benedetti, Vice Chair
P&Z Resolution #11, Series of 2024
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it A: Approved Site Plan
P &Z Resolution # 11, Series of 2024
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