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HomeMy WebLinkAboutresolution.apz.019-99RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW, WAIVING THE GARAGE SETBACK REQUIREMENT OF THE RESIDENTIAL DESIGN STANDARDS AND GRANTING FRONT YARD, REAR YARD, AND SIDE YARD VARIANCES TO THE CONSERVATION ZONE D/STRICT FOR THE MITCHELL RESIDENCE, 550 ASPEN ALPS ROAD, CITY OF ASPEN. Parcel No. 2737-182-00-012 Resolution #99 - 19 WHERE.aS, the Community Development Department received un application from Cynthia and George Mitchell, owner and applicant, for an 8040 G~enline Review, Appeal of the Residential Design Standards for the garage ~etbaek requirement, and variance from the Conservation Zone District dimensional requirements for front yard, side yards, and rear yard setback for a single-family residence to be newly constructed and replacing an existing single-family home at 550 Aspen Alps Road; and, WHEREAS, the parcel is approximately 10,161 square feet and located in the Conservation (C) Zone District and within the 8040 Greenline Review Environmentally Sensitive Area; and, WHEREAS, the legally created parcel is non-conforming with the minimum lot size requirements of the Conservation (C) Zone District and pursuant to Section 26.312.040 a single-family home may be developed; and, WHEREAS, pursuant to Section 26.435 of the Municipal Code, development within the 8040 G-reenline Review Environmentally Sensitive Area may be approved by the Planning and Zoning Commission; and, WHEREAS, pursuant to Section 26.410 of the Municipal Code, variances to the Residential Design Standards may be granted by the Planning and Zoning Commission when consolidated with another required review process. WHEREAS, pursuant to Section 26.314 of the Municipal Code, varianoes to the dimensional requirements &the zone district in which a property resides may be granted by the Planning and Zoning Commission in accordance with said Section as part ora consolidated application process authorized by the Community Development D/rector; and, WHEREAS, pursuant to Section 26.314 of the Municipal Code, the Community Development Director has authorized the consolidation of the application review process; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, the City Zoning Officer, City Parks Department, the Aspen/Pitkin County Building Department, and the Community Development Depa~a~ent reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing at a regular meeting on August 3, 1999, and continued to October 19, 1999, the Plann/ug and Zoning Commission approved by a five to one (5-1) vote the 8040 Greenline Review, the variances from the front yard, rear yard, and side yard dimensional requirements of the Conservation Zone District, and waived the garage setback requirement of the Residential Design Standards for the Mitchell Residence, 550 Aspen Alps Road, with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the 8040 Greenline Review, Variances to the front yard, rear yard, and side yard dimensional requirements of the Conservation Zone District, and waiver of the garage setback requirement of the Residential Design Standards for the Mitchell Residence, 550 Aspen Alps Road, are hereby approved, subject to the following conditions: 1. The building permit plans shall be in accordance with all requirements of the Conservation Zone District and Residential Design Standards, both in effect on June 14, 1999, with the following exceptions: a. Setback requirements.for the parcel shall be: front = 14.5 feet; rear (west) = 10 feet; north side = 10 feet, south side = 11 feet. b. The garage setback requirement of the Rasidential Design Standards shall not apply. 2. The building permit application shall include: a. A permit from the Environmental Health Department for any certified woodstoves or gas log fireplaces (coal- & woodbuming fireplaces are not allowed) and an approved fugitive dust control plan. b. A tree removal permit from the City Parks Department for the removal or relocation of trces as per Section 13.20.020 9fthe Code. c. A water tap permit for a tap sized for the requ'uext fire suppression system and for the domestic use. The structure shall include a fire suppression system approved by the Fire Marshall. A pump system may be required by the Fire Marshall to accommodate the required pressure for the fire suppression system. d. A tap permit from the Aspen Consolidated Sanitation District. Sources of clear water may not be directed to the sanitary sewer. e. Written approval from the Aspen Ski Company for the construction and maintananee of the drainage facility proposed in the amended application shall be provided. Any required easements shall be recorded and reflected on the building permit set. 3. The building permit plans shall include: a. Construction details related to the foundation design, foundation walls and retaining walls, floor slabs, underdrain systems, site grading, soil stabolization plan, and surface drainage plan signed and stamped by an Engineer registered in Colorado. This plan must accommodate drainage on-site both during and after construction and shall utilize an on-site containment basin and delayed pump system to the catch basin on Aspen Mountain. A 2 year storm frequency should be used in designing any drainage improvements. b. An anvironmental protection plan detailing the limits of disturbance on the parcel and construction access. The limits of disturbance shall be fenced prior to issuance of a building permit and shall remain in place until a Certificate of Occupancy is issued. 4. The applic, am shall contain all construction activity, including staging and contractor parking, on. site unless pem~ission is granted by the Aspen Alps Association for use of the parking area east of the Mitchell property. Adequate width for safe passage along Aspen Alps Road shall be maintained at all times. 5. If evidence of mining activity is discovered during excavation of the property, all construction activity shall cease until a mitigation plan is approved by the City Engineer. 6. Highly tefle, ctiYe materials shall not be used for the roof material. 7. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Meter locations must be accessible for reading and may not be obstructed. B. These conditions of approval shall be printed on the cover sheet of the building permit set and al1 other drawing sets used for construction. The primal7 contractor shall be provided with a copy of this Resolution and shall submit a letter as part of the building permit application stating that the conditions of approval have been read and understood. 9. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered ¢onditiens of approval, unless otherwise amended by other conditions. The applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. APPROVED by the Commission at its regular meeting on October 19, 1999. APPROVFA) AS TO FORM: PLANNING AND ZONING COMMISSION: C~y Attorney ~t ATTEST: kie Lothian, Del~uty, DeputY CitY Clerk I IIIIIIIillllllltlllllllllllllllllllllllllllllllfilllll 15.08 D e,ee N ~.8e P%TKZN COIINTY CO