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Home My WebLink Aboutresolution.apz.004-2017RECEPTION#: 636139, R: $28.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 02/14/2017 at 11:44:23 AM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 4 (SERIES OF 2017) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING SPECIAL REVIEW FOR AN ALTERNATIVE TOP OF SLOPE DETERMINATION FOR A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M., CITY OF ASPEN, PITKIN COUNTY, COLORADO, COMMONLY KNOWN AS 1411 CRYSTAL LAKE ROAD. Parcel No. 2737-181-00-018 WHEREAS, the Community Development Department received an application from Davis Horn Inc., on behalf of H. Rodes Hart of Valley Group, LLC requesting Special Review approval for an alternative Top of Slope Determination for the property at 1411 Crystal Lake Road; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, the City of Aspen Engineering Department provided consultation to the applicant and approved the proposed alternative Top of Slope; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended approval of the Special Review for an alternative Top of Slope; and, WHEREAS, the City of 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 24, 2017; and, . WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meet either applicable review criteria and that the approval of the request 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 Planning and Zoning Commission approved Resolution 4, Series of 2017, by a seven to zero (7 - 0) vote, granting approval of Special Review, Stream Margin, as identified herein. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Special Review (for Top of Slope) Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves an alternative top of slope determination via Special Review as identified in the attached Exhibit A. The applicant shall record a Site Improvement Survey/Plat depicting the alternative Top of Slope within 180 days of this approval. 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 site 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. APPROVED by the Commission at its meeting on January 24, 2017. APPROVED A FORM. PLANNING AND ZONING Crea an ssi nt City A orney4air ATTEST: Cindy Klob, Records Manager Attachments: Exhibit A: Site Improvement Survey/Plat Identifying Alternative Top of Slope Exhibit B: Full legal description of property �. ♦� a Exhibit B Legal Description PARCEL I: A PARCEL OF LAND SITUATED IN THE NE 1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY COLORADO AND LYING ENTIRELY WITHIN THE RIVERSIDE PLACER MS 3905 AM AND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY BANK OF THE ROARING FORK RIVER SAID POINT ALSO BEING ON LINE 8-9 OF SAID RIVERSIDE PLACER, WHENCE CORNER 9 OF SAID RIVERSIDE PLACER BEARS SOUTH 242.86 FEE,; THENCE NORTH 249.19 FEET ALONG SAID LINE 8-9; THENCE EAST 125.00 FEET; THENCE S 28030'00" EAST 132.58 FEET; THENCE S 15013'00" W 137.22 FEET TO A POINT ON THE CENTERLINE OF SAID ROARING FORK RIVER; THENCE WEST 2.54 FEET ALONG SAID CENTERLINE; THENCE S 89053'46" W 149.71 FEET TO THE POINT OF THE BEGINNING. TOGETHER WITH ALL OF GRANTOR'S ACCESS AND OTHER EASEMENT RIGHTS UNDER AND BY VIRTUE OF THOSE CERTAIN INSTRUMENTS RECORDED IN BOOK 256 AT PAGE 557, BOOK 256 AT PAGE 744, BOOK 312 AT PAGE 169 AND IN BOOK 327 AT PAGE 294, RESPECTIVELY OF THE PITKIN COUNTY RECORDS, WHICH RIGHTS ARE CONVEYED BY QUIT CLAIM ONLY AND WITHOUT WARRANTIES OF TITLE. PARCEL II: THE SOUTHERNMOST PARCEL OF LAND SITUATE IN THE GORDON/CALLAHAN RESUBDIVISION AS SHOWN ON THE PLAT THEREOF RECORDED IN BOOK 25 AT PAGE 75 AS RECEPTION NO.329332, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, BEING MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID SUBDIVISION; THENCE N 36035'00" W 135.00 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF SAID SUBDIVISION; THENCE N 51°40'35" E 102.56 FEET TO A POINT ON THE EASTERLY LINE OF SAID SUBDIVISION; THENCE S 00000'00" E 172.01 FEET ALONG SAID EASTERLY LINE TO THE POINT OF THE BEGINNING.