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Resolution No. 44
(SERIES OF 2000)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
ACTING AS THE DESIGN REVIEW APPEALS COMMITTEE
DENYING RESIDENTIAL DESIGN STANDARD VARIANCE FOR
"SECONDARY MASS" FOR RIVERSIDE SUBDIVISION, LOT 19, BLOCK 1,
1285 RIVERSIDE DRIVE, CITY OF ASPEN, PITICdN COUNTY, COLORADO.
Parcel No. 2737-181-17-018
WHEREAS, the Community Development Departanent received an application
from Dale Hower, represented by John Galumbos and Rich Pavcek of Galumbos / Muir
Architects, seeking a variance from Section 26.410 Residential Design Guidelines for
secondary mass for a proposed two-story single-family residence. The applicant's
property is located in the Riverside Subdivision, Lot 19, Block I, 1285 Riverside Drive,
Aspen, Colorado; and
WHEREAS, the applicant's property is an 11,341 sq. ft. lot with an existing
single-family residence (proposed for demolition) and located in the R-15 Zone District;
and
WHEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code,
Community Development Department staff reviewed the applicant's application for
compliance with the Residential Design Standards Section of the Aspen Mmfieipal Code
and found the submitted development application to be inconsistent with Standard
26.410.040(B)(1), Secondary Mass; and
WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that
if an application is found by Community Development Department staff to be
inconsistent with any item of the Residential Design Guidelines, the applicant may either
amend the application or appeal staff's findings to the Aspen Planning and Zoning
Commission acting as the Design Review Appeal Committee pursuant to Chapter 26.222,
Design Review Appeal Committee; 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(B)(1) of the
Aspen Municipal Code to the Aspen Planning and Zoning Commission acting as the
Design Review Appeal Committee as it applies to secondary mass; 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;
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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;
WHEREAS, the Community Development Director, after review of the
requested variances, recommended denial for a variance from the residential design
standards for the secondary mass for the proposed house; and
WltEREAS, during a duly noticed public hearing at a regular meeting on
September 19, 2000, the Aspen Planning and Zoning Commission acting as the Design
Review Appeal Committee, denied a variance from secondary mass standard of Section
26.410.040(B)(1) of the Aspen Municipal Code as it applies to Residential Design
Standards for Lot 19, Block 1 of the Riverside Subdivision by a vote of six to zero (6-0).
NOW, THEREFORE BE IT RESOLVED by the Committee:
Section 1
That a proposed variance for a single-family residence at 1285 Riverside Drive, Aspen,
Colorado, is denied pursuant to Section 26.410.040(B)(I), Secondary Mass of the
Residential Design Standards meeting Criteria B, stating that the proposal does not meet
the review standards.
APPROVED by the Committee at its regular meeting on September 19, 2000.
APPROVED AS TO FORM: DESIGN REVIEW APPEALS
COMMITTEE:
Cit~ Attorney - ~/ ,t~4~kai~a~..l~
ATTEST:
Jackie L~,~, Deputy City Clgrk ' ~'
C:\My DocumentsXCurrent Casesq)RAC~128SRiversideOrVarianceMemo.doc