HomeMy WebLinkAboutresolution.apz.036-99Resolution #99 - 36
(SERIES OF 1999)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A RESIDENTIAL DESIGN STANDARDS VARIANCE FOR VOLUME, AND
APPROVING A SUBDIVISION VARIANCE TO REDUCE THE WIDTH OF THE EMERGENCY
ACCESS EASEMENT FROM 20 FEET TO 16 FEET, LOCATED ON THE SECOND ASPEN
COMPANY SUBDIVISION LOTS 6 AND 7, 870 AND 866 ROARING FORK DRIVE, CITY OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-121-04006
WHEREAS, the Community Development Department received an application from Laura and
Gary Lauder, owners, represented by Alice Davis of Davis Horn. Inc., for a variance from the Residential
Design Standards and Special Review for a Subdivision Variance for Lots 6 and 7 of the Second Aspen
Company Subdivision_ at 870 and 866 Roaring Fork Drive, City of Aspen; and,
WHEREAS, Lots 6 and 7 of the Second Aspen Company Subdivision together are approximately
65,027 square feet, located in the Moderate-Density Residential (R-15) Zone District, and are currently
vacant parcels; and,
WHEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code, Community
Development Deparunant staffreviewed the applicant's application for compliance with the Residential
Design Standards of Section 26.410.040 of the Aspen Municipal Code and found the submitted
development application to be inconsistent with Standard 26.410.040(D)(3)(a), Windows, of the Aspen
. Municipal Code as it applies to the street facing princtpal window on the South elevation of the proposed
single family house; and
WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application
is found by Community Development Department staffto be inconsistent with any item of the Residential
Design Guidelines, the applicant may either amend the application or appeal staff's findings to the Design
Review Appeal Board pursuant to Chapter 26.222. Design Review Appeal Board; and
WHEREAS, pursuant to Section 26.410.020(B) of the Aspen Municipal Code. the applicant
submitted a request for a variance from Standard 26.410.040(D)(3)(a) of the Aspen Municipal Code to the
Design Review Appeal Board as it applies to the street facing pnncipal window on the South elevation;
and
WHEREAS all applications for appeal from the Residential Design Standards of Section
26.410.040 must meet one of the following review standards in order for the Design Review Appeal
Committee or other decision making administrative body to grant an exception, namely the proposal must:
a) yield greater compliance with the goals of the Aspen Area Community Plan:
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 cbnstraints: and
WHEREAS. the applicant requested Special Review for a subdivision variance to reduce the
emergency access easement from 20 feet to 16 feet: and
WHEREAS, pursuant to Section 26.430.020. Special Review, the Planning and Zoning
Commission may approve, approve with conditions, or deny a subdivision variance, after recommendation
by the Conununity Development Director; and
WHEREAS. the City of Aspen Engineer and Fire Marshal reviewed the subdivision variance
request to reduce the emergency access easement from 20 feet to 16,feet and recommended approval with
conditions; and
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WHEREAS, during a duly noticed public hearing at a regular meeting on November 16, 1999, the
Planning and Zoning Commission. which also served as the Design Review Appeal Board, approved a
variance fi.om the Volume standard of Section 26.410.040(D)(3)(a) of the Aspen Municipal Code as it
applies to the street facing principal window on the South elevation, by a vote of four to one (4 - 1), and
approved the subdivision variance to reduce the emergency access easement fi.om 20 feet to 16 feet for the
Second Aspen Company Subdivision Lots 6 and 7. with conditions, by a vote of five to zero (5 -0).
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section 1
That the proposed variance for a single-family residence at 870 and 866 Roaring Fork Drive, Aspen,
Colorado, is approved pursuant to Section 26.410.040(D)(3)(a), Windows, of the Residential Design
Standards as it applies to the street facing principal window on the South elevation of the single family
house because a variance is clearly necessary for reasons of fairness related to unusual or site specific
constraints.
Section 2
That the subdivision variance to reduce the emergency access easement is approved because the proposed
subdivision is consistent with the Aspen Area Community Plan (AACP) with the following condition:
1 ) Prior to the submittal of a builcYmg permit application for Lots 6 and 7 of the Second Aspen Company
Subdivision, a legally binding agreement fi.om the owner of Lot 7A shall be submitted and approved
by the Aspen Fire Marshal and Community Development Director requiring the installation of a
driveway serving Lot 7A with a full fire truck turn-around (minimum ora 50 foot turning radius), and
also requiring the upgrade of the required 13D fire sprinkler system to a 13R system for the future
residence(s) on Lot 7A.
APPROVED by the Commission at its regular meeting on November 16, 1999.
APPROVED AS TO FORM:
AssiStant City Attomey ~]
PLANNING AND ZONING COMMISSION:
ATTEST:
_~.c. kie Lothian, De[luty City Clerk
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