HomeMy WebLinkAboutresolution.apz.024-00 RESOLUTION NO. 24
(SERIES OF 2000)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION, ACTING AS THE DESIGN REVIEW APPEAL COMMITTEE,
APPROVING THE VARIANCES OF THE SECONDARY MASS AND GARAGE
NOT AT GRADE RESIDENTIAL DESIGN STANDARDS FOR LOT 1, UTE PARK
SUBDIVISION, CITY OF ASPEN, PITI(IN COUNTY, COLORADO.
Parcel No. 2737-184-03-001
WHEREAS, the Community Development Department received an application
from Howard G. Stacker and James T. Martin ("Applicantsy), represented by Joseph
Wells of Joseph Wells Land Planning, for an 8040 Greenline Environmentally Sensitive
Area Review, and for variances from the secondary mass and garage not at grade
Residential Design Standards for a new single family residence located at Lot t, Ute Park
Subdivision; and,
WHEREAS, the subject property is approximately 43,084 square feet and is
located in the Affordable Housing Zone District; and,
WHEREAS, City Council Ordinance No. 18, Series of 1992 granted final review
approval for Rezoning from Rural Residential to Affordable Housing, Subdivision, Final
Planned Unit Development, Growth Management Quota System Exemption, Vested
Rights, and Waiver of the Watermain Extension Moratorium; and,
WHEREAS all applications for appeal from the Residential Design Standards of
Section 26.410.040 must meet one of the following criteria 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
constraints, and
WHERE&S The Planning Staff, in a report dated April 25, 2000, recommended
approving the ¥~2riances for secondary mass and garage not at grade from the Residential
Design Stand'ds finding that criteria c has been met; and,
WHEREAS, during a duly noticed public hearing on April 18, 2000, the
Planning and Zoning Commission approved Resolution No. 20, Series of 2000, by a five
to two (5-2) vote, the 8040 Greenline Review for the Ute Park Partnership residence; and,
WHEREAS, during a duly noticed public hearing on April 25, 2000, the
Planning and Zoning Commission approved, by a seven to zero (7-0) vote, variances
from the secondary mass and garage not at grade provisions o.f the Residential Design
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Standards for a new single family residence located at Lot 1, Ute Park Subdivision, with
one condition; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WltEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
That the Residential Design Standard variances for secondary mass and garage not at
grade, Section 26.410.040, are approved for the single family residence at Lot t, Ute Park
Subdivision, Aspen, Colorado, with the following condition:
1. All prior City of Aspen approvals shall remain in full force and effect.
Section 2:
Alt 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 or City Council, are
hereby incorporated in such plan 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 effect 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 Planning and Zoning Commission of the City of Aspen on the 25th
day of April, 2000.
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APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
ATTEST:
/~ckie Lothian, I~eputy City Clerk
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