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Home My WebLink Aboutresolution.apz.004-2025RESOLUTION #04 SERIES OF 2025 I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I Ill 1111111111111111111111111111 RECEPTION#: 709418, R: $33.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 5, 05/16/2025 at 10:46:45 AM Ingrid K. Grueter, Pitkin County, CO A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVAL FOR SPECIAL REVIEW TO REPLACE A NONCONFORMING STRUCTURE AT THE PROPERTY AT 730 BAY STREET, LEGALLY DESCRIBED AS LOT 2, VOLK LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1991 IN PLAT BOOK 27 AT PAGE 71, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID: 2737-073-73-002 WHEREAS, the Community Development department received an application from Kraemer Land Planning representing Bay Street Owner LLC ("Applicant"), requesting Special Review to replace a Nonconforming Structure related to a proposed remodel at 730 Bay Street (the "Property"); and, WHEREAS, the Property is located in the Low-Density Residential (R-30) Zone District with a Planned Development (PD) overlay; 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 denial of the requested development application; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered th_e 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 December 17th, 2024; and, WHEREAS, on December 17 th, 2024, during a duly noticed public hearing, the City of Aspen Planning & Zoning Commission reviewed the project and voted to continue the application to February 4th, 2025; 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 #04, Series of 2025, by a 5 to O (five-zero) vote, approving the requested land use reviews as identified herein. Planning and Zoning Commission Resolution #04, Series of 2025 Page 1 of 5 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 and attached ADU are 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: • Converting 275 sq. ft. of existing unfinished attic into finished habitable floor ·area. • Converting existing crawl space to a full height accessible basement. • Dropping the slab of the garage to install a 2 level garage lift. • Reconfiguring deck area on site to conform with allowable deck limitations. The following table outlines the approved dimensional limitations that are permitted to continue. Minor adjustments may be made to the final proposed floor area due to unforeseen circumstances . All other development not subject to special review shall comply with all rules and regulations as deemed necessary by the City of Aspen upon review of the building permit submittal. Dimensional Limitation Allowable Existing Proposed Floor Area 5016.52 sq. ft. 7,774.34 sq. ft. 5,551.33 sq. ft. Section 2: Engineering Department Conditions of Approval: 1. This project will be a major level engineering review and require a full PE Stamped Civil Plan Set, a PE Stamped Drainage report, and a Stamped Excavation stabilization plan. Other documents may be required at building permit submittal. 2. If the project triggers Major Level 2 review, this will require the Property to come into full compliance with the Engineering Standards and the Urban Runoff Management Plan. Section 3: Parks Department Conditions of Approval: 1. Building permit submittal documents shall include a landscape plan, tree protection and preservation plan, a tree mitigation plan (planting plan), and irrigation design plan 2. Applicant shall note on all applicable plan sheets where encroachment into existing Tree Critical Root Zones is proposed to occur. 3. Tree Protection Zones shall be erected at the limits of existing Tree Critical Root Zones to be protected. 4. A development-related tree removal / Critical Root Zone Excavation Permit shall be submitted and reviewed by the City Forester upon Parks & Open Space approval of the master building permit submittal. Section 4: Vested Rights The development approvals granted herein shall constitute a vested property right attaching to and running with the Property 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 5: Material Representations Planning and Zoning Commission Resolution #04, Series of 2025 Page 2 of 5 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. 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. FINALLY, adopted, passed, and approved this 4th day of February, 2025. Approved as to form: Attest: Tra~ Attachment: Exhibit A -Approved Drawings & Calculations Planning and Zoning Commission Resolution #04, Series of 2025 Page 3 of 5 Exhibit A -Approved Drawings & Calculations 0 0 MF.CH EQUIP COURT Q) ":; ~~OSEO • LOWER LEVEL FAR PROPOSEO • MAIN LEVEL 11a·"' 1·-0· • • • • NEW . BASEMENT Planning and Zoning Commission Resolution #04 , Series of 2025 Page 4 of 5 -~----~-~~ ~-r--Existfug --Chang;;-----~:~!~~ Upper Level 1,114 sq. ft. ____ , (+ _?75 r!!_!i[}_____ ~,389 sq _~ ft. Main Level** 3,349 ~it.: ____ ~---··--·· No Change -· . 3,349 sq~ _ft • . L~w~r Level*** 1,190.82 sq. ft. _____________ (-l 377.49 sq . ft.--··-813.33 sq. ft. Total Deck 2,873 sq.f!. 2,470 s . ft. _ 403 sq . .f!: • Deck Exemption _____ (!5 % x 5,016) _ 752.48 sq.p. -~·-____ ----11~-;;::=.:... 752.48 sq.ft •. ExetJJpt Front Porch 435 sq:.ft. _____ fl! J~q:.f!:___te:;:;:::;;;."".;;:-=;.;::;.;.....:. .. ,.c.,;;.. 430 i • • Deck.Area Attributable to Calculated Floor Area '. ·• .• . . .• ,.. ···===•"-"'~•,..c-- Total Calculated Floor Area 2,120.52 sq. ft. (-) 2,120 sq. ft. 0 sq. ft. ·:. .·• ·: 7,774.34 sq. ft. (-) 2,223.01 sq. ft. 5,551.33 sq. ft. Planning and Zoning Commission Resolution #04, Series of 2025 Page 5 of 5