HomeMy WebLinkAboutresolution.apz.015-98 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE DENIAL OF A CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT AND DENIAL OF RESIDENTIAL DESIGN VARIANCES
FOR THE SIMPSON RESIDENCE, 940 EAST HYMAN AVENUE, LOT O,
BLOCK 32, EAST ASPEN ADDITION, CITY OF ASPEN.
Parcel No. 2737-182-06-006
Resolution #98 - ~ ~
WHEREAS, the Community Development Department received an application
from Sunni Simpson of Hyman Street L.L.C., owner and applicant, for a Conditional Use
Review for an Accessory Dwelling Unit of approximately three hundred and sixty (360)
square feet and variances to the Residential Design Standards for "volume," "principal
mass," and "inflection" for a proposed single-family residence at 940 East Hyman
Avenue; and,
WHEREAS, the parcel is approximately 3,000 square feet and located in the
Residential Multi-Family (R/MF) Zone District and contains an existing single-family
home proposed for demolition; and,
WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code,
Accessory Dwelling Units in the R/MF Zone District may be approved by the Planning
and Zoning Commission as Conditional Uses in conformance with the requirements of
said Section and Section 26.60; and,
WHEREAS, pursuant to section 26.100.050, Accessory Dwelling Units provide
for an exemption from the Growth Management Quota System; and,
WHEREAS, variances from the Residential Design Standards may be granted by
the Design Review Appeal Committee (DRAC), or any other Board reviewing any other
required land use review for the development proposed pursuant to Section 26.58.040, if
for each standard in question one of the following criteria is found to be met. Namely, the
proposal must:
a) yield greater compliance with the goals of the Aspen Area Community Plan; or
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, the Housing Office, Water Department, Fire Marshall, Aspen
Consolidated Sanitation District, City Engineering, Parks Department, and the
Community Development Department reviewed the proposal and recommended approval
of the Accessory Dwelling Unit, with conditions, and denial of the variances to the
Residential Design Standards; and,
WHEREAS, during a public hearing at a regular meeting on July 21, 1998, the
Planning and Zoning Commission denied by a 6-0 vote the request for Conditional Use
approval for the AcCessory Dwelling Unit and variances to the Residential Design
Standards, finding the proposal did not adequately address criteria "C" of the Conditional
Use Standards, specifically the operational characteristic of the proposed parking, and
I IIIIII Illll IIIIII IIIIII IIII IIIIII IIIII III IIIII IIII IIII
420219 08/04/1,998 10:1,9;I RESOLUTX DI:IVX$ SXLVX
1, o¢ 2 R 1.1,00 D 0.00 N 0.00 PXTKXN COUNTY CO
finding the proposal did not adequately justify a variance to the Residential Design
Standards.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for an Accessory Dwelling Unit and variances to the
Residential Design Standards for the proposed Simpson Residence, 940 East Hyman
Avenue, is hereby denied.
DENIED by the Commission at its regular meeting on July 21, 1998.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Sara Garton, Chair
ATTEST:
Deputy City Clerk
I IIIIll IIIII IIIIII IIIIII IIII IIIIII IIIII III IIIII IIII IIII
4202~.8 08/04/1~8 't0:1911 RE$OLUT! DRVI$
2 o~ 2 R ~1.~$ D ~.80 N ~.88 PZTKZN COUNTY CO