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Resolution No. 39
(SERIES OF 2000)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING SPECIAL REVIEW FOR A VARIANCE FROM TRASH /
UTILITY STORAGE SPACE REQUIREMENTS AS PART OF A PROPOSED
GARAGE ADDITION LOCATED ON THE REAR OF THE EXISTING OFFICE
BUILDING AT 610 EAST HYMAN STREET, ASPEN, COLORADO.
Parcel No. 2 73 7-18 2-12-004
WHEREAS, the Community Development Department received an application
from Charles Cunniffe, represented by Steve Dunn, for Special Review for a variance
from trash / utility service area requirements as part of a proposed garage addition located
on the rear of their existing office building at 610 East Hyman Street, Aspen, Colorado;
and
WHEREAS, the subject property is located in the Commercial (C-I) Zone
District; and,
WHEREAS, p~/rsuant to Section 26.430 of the Aspen Municipal Code, the
Planning and Zoning Commission, in accordance with the procedures, stm~dards, and
limitations of this Chapter, shall by resolution approve, approve with conditions, or
disapprove a development application for Special Review, after recommendation by the
Community Development Department; and
WHEREAS, the Community Development Director has reviewed the application
and recommended denial for Special Review for a variance from trash / utility service
area requirements as part of a proposed garage addition located on the rear of their
existing office building; and
WHEREAS, the Plann/ng and Zoning Commission has reviewed and considered
this Special Review for a variance from trash / utility service area requirements as part of
a proposed garage addition located on the rear of their existing office building under the
applicable provisions of the Municipal Code as identified herein, has reviewed and
considered the recommendation of the Community Development Director, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the Planning and Zoning Commission finds that tiffs Special Review
fora variance from trash / utility service area requirements as part of a proposed garage
addition located on the rear of an existing office building meets or exceeds all applicable
land use standards and that the approval of the variance, with conditions, is consistent with
the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that tiffs Resolution
furthers and is necessary for the promotion of public health, safety, and welfare; and,
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WHEREAS, during a duly noticed public hearing at a regular meeting on
September 5, 2000, the Planning and Zoning Commission, approved a Special Review
for a variance from trash / utility service area requirements as part of a proposed garage
addition located on the rear of their existing office building at 610 East Hyman Street,
Aspen, Colorado, with conditions, by a unanimous vote of four to zero (4 - 0).
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND
ZONING COMMISSION OF ASPEN, COLORADO, THAT:
Section 1:
The Aspen Planning & Zoning Commission does hereby approve a Special Review for a
variance from trash / utility storage space requirements as part of a proposed garage
addition located on the rear of their existing office building at 610 East Hyman Street,
Aspen, Colorado with the following conditions:
1. That the applicant shall create and maintain an adequate access way between the
proposed garage and western lot line with a minimum width of 49" in order to
allow the passage of a dumpster from the alley to the trash / utility service area
located directly behind the Charles Curmiffe building;
2. That the applicant reduce the proposed tkree car garage to a two car garage
alleviating adequate space to access the trash / utility service area from the alley;
3. That the applicant receives approval from the City Engineering Department for
design of improvements. This includes grading, drainage, transportation, streets,
landscaping, and encroachments within public right of way;
4. That the applicant receives approval from the Streets Department for mailboxes,
finished pavement, surface materials on streets, and alleyways;
5. That the applicant submits a drainage report. The site development approvals
must include the requirement meeting runoff design standards of the Land Use
Code Section 26.580.020(A)(6)(a). Further, prior to the building permit
application, the applicant submit a drainage mitigation plan (24"x36" size plan
sheet or on the lot grading plan) to meet the requirements of the Engineering
Department Interim Design Standards for review and approval by the Engineering
Department;
6. That drainage onto the public right-of-way is restricted pursuant to City of Aspen
Municipal Code Section 21.04.120 - Draining Water Onto Public Right-of-Way
Restricted. Due to lack of open space on the property and the abundance of
impermeable surface, all drainage must be retained onsite. All roof drains,
foundation drains, and building guttering systems must be contained on site via
dry wells; and
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7. That all proposed improvements including landscaping and street cuts to the
public right-of-way must be approved by the City of Aspen Engineering
Department and must adhere to the latest version of the City of Aspen Interim
Design and Construction Standards.
Section 2:
All 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, 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 mad 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 remain'rog portions thereof,
Section 5:
A duly noticed public hearing on this Resolution was held on the 5th day of September,
2000, at 5:00 in the Sister Cities Room, Aspen City Hall, Aspen, Colorado.
APPROVED by the Commission at its regular meeting on September 5, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
CitfAttomey '
ATTEST:
Jackie Lottffan, Deputy City Cleft(
C:~IVly Documents\Current Cases~Special Review\610 E Hyman Special review\610 E Hymml Memo.doc