The URL can be used to link to this page

Home My WebLink Aboutresolution.apz.046-00 RESOLUTION NO. ~ ~ (SEPSES OF 2000) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE 8040 GREENLINE REVIEW, AND GRANTING A VARIANCE OF THE PARKING, GARAGE, AND CARPORTS RESIDENTIAL DESIGN STANDARD FOR LOT 4, HOAG SUBDIVISION, 1105 UTE AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-182-68-022 WHEREAS, the Community Development Department received an application from Thomas Coleman ("Applicant"), represented by Jack Miller of Jack Miller & Associates, for an 8040 Greenline Environmentally Sensitive Area Review, and for a variance from the Parking, Garages and Carports Residential Design Standard for an addition to an existing duplex and new garage at Lot 4, Hoag Subdivision, 1105 Ute Avenue; and, WHEREAS, the subject property is approximately 17,107 square feet, and is located in the R-15, Moderate Density Zone District; and, WHEREAS, the Planning and Zoning Commission may approve development at or 150 feet below the 8040 Greenline in conformance with the review criteria set forth in Section 26.435.030(C) 8040 G-reeniine review; and, WHEREAS, the subject property and proposed development are located at an elevation within 150 feet of the elevation 8040 feet above sea level; and, WHEREAS, the Community Development Deparmaent recommended denial of the 8040 Greenline Review with conditions; 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 a variance, namely the proposal must: a) yield greater compliance with the goals of the Aspen Area Community Plan; b) more effectively adthess 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 WHEREAS The Planning Staff, in a report dated October 3, 2000, recommended denial of the variance from the Parking, Garages and Carports Residential Design Standard finding that none of the criteria have been met; and, WHEREAS, during a duly noticed public hearing on October 3, 2000, the Planning and Zoning Commission approved, by a five to zero (5-0) vote, the 8040 Greenline Review and Residential Design Standard variance for the Lot 4, Hoag Subdivision, 1105 Ute Avenue, with conditions recommended by the Community Development Department; and, I IIIIII IIIII IIIIII IIIIII IIII IIII IIIIIII III IIIII IIII IIII 449991 t2/27/2000 04:02P RESOLUT! DRVX$ $XLVX t of' 4 R 20.ee D e.se N 0.00 PXTKXN COUNTY CO WHEREAS, the Planning and Zoning Commission made a finding that the orientation of the single-stall garage on the site plan is side loaded; and, WItEREAS, 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, VOtEREAS, 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 TIlE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 That the 8040 Greenline Review for the Lot 4, Hoag Subdivision, 1105 Ute Avenue is approved with the following conditions: 1. All prior City of Aspen approvals shall remain in full force and effect. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. c. The City Engineer shall approve the grading and drainage plan for the parcel, including the proposed addition, driveway, and garage. d. The Applicant shall submit and the Environmental Health Department shall approve a fugitive dust control plan to ensure that dust does not blow onto neighboring properties or get tracked onto adjacent roads. e. Run_off from the site during construction must be prevented bY detention ponds, hay bales, or similar methods to be approved by the City Engineer. f. The Applicant shall submit and the Parks Department and Community Development Department shall approve a detailed landscaping plan. g. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. 3. The building permit application shall include: a. A copy of the final recorded P&Z Resolution. b. The Applicant shall provide the City Engineer with a soils test performed by a professional licensed geotechnicai engineer in the State of Colorado demonstrating that the parcel is suitable for additional development considering its Slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. I IIl[ll Illll IIIIII IIIlll Illl Illl IIlllll Ill Illll Illl Illl 449991 12/27/2000 04:02P RESOLUTI DPIVX$ SXLVX 2 o( 4 R 20.09 D 0.00 N 0.00 PXTKXN COUNTY CO If the soils test does not demonstrate that the parcel is suitable for additional development, then this Resolution shall be rendered null and void. c. The conditions of approval printed on the cover page of the building permit set. d. A completed tap permit for service with the Aspen Consolidated Sanitation District. e. The building plans shall demonstrate an adequate fire suppression system for fire protection approved by the Aspen Fire Marshal. The Aspen Fire Marshal shall approve ingress and egress to the property. 4. No excavation or storage of dirt or material shall occur within tree driplines. 5. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the parking limitations of the area. The applicant shall inform the contractor of this condition. 6. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 7. Before issuance of a building penuit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 8. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 9. The Applicant or owner Shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines.. 10. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation utilities, and Plumbing Advisory Code)of the Aspen Municipal code as they pertain to 11. Colors shall tend to be earth tones to make the building compatible with the hillside. 12. There shall be no future grading on the site without 8040 Greenline Review. Section 2 That the Residential Design Standard variance from the Parking, Garages and Carports Residential Design Standard for a driveway cut in excess of 2-feet in the front yard setback is approved for a the property located at Lot 4, Hoag Subdivision, 1105 Ute Avenue, Aspen, Colorado. Section 3: 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 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 4: 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 5: 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 3rd day of October, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney V Robert Blaich, Chair ~ ATTEST: ~ckie Lothian, Deputy City Clerk CShomeXnicklkActive Cases\1105 E Ute DRAC 8040 resolution.doc I IIIIII IIIII IIIIII IIIIII IIII IIII IIIIIII III IIIII IIII IIII 449991 X2/27/2990 94:02P RESOLUTX DI:IVX$ SXLVX 4 of' 4 R 20.00 D 9.89 N 0.00 PXTKXN COUNTY CO