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02/13/2003 11:
SILVlA DAVIS PITKIN COUNTY CO R 11.00 D 0,00
RESOLUTION NO. 33
(SERIES OF 2002)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING AN INSUBSTANTIAL AMENDMENT TO THE
BAVARIAN INN AFFORDABLE HOUSING PLANNED UNIT DEVELOPMENT TO
ALLOW FOR A CHANGE IN THE ARCHITECTURE OF THE STRUCTURES O~N
PARCEL 2 AND THE DUPLEX STRUCTURE ON PARCEL 1, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application from
the Four Peaks Development, LLC, represented by Sunny Vmm of Vann Associates, LLC,
for an Insubstantial Amendment to the Bavarian Inn Affordable Housing Planned Unit
Development (PUD) to allow for a change to the architecture of the structures on Parcel 2
and the duplex structure on Parcel 1; and,
WHEREAS, pursuant to Sections 26.445, the Planning and Zoning Commission may
approve an Insubstantial Amendment to an approved Planned Unit Development. during a
duly noticed public hearing, comments from the general public, a recommendation from the
Community Development Staff, and recommendations from relevant referral agencies;
WHEREAS. the Community Development Department reviewed the request for an
insubstantial amendment to the Bavarian Inn Affordable Housing PUD to allow for a change
in architecture and recommended approval of the amendment; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Community Development
Department, the applicable referral agencies, and has taken and considered public comment at a
public heating; 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 Conm~tm/ty Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare; and,
WHEREAS, during a duly noticed public hearing on December 3, 2002, the
Planning and Zoning Commission approved, by a five to zero (5 - 0) vote, an Insubstantial
Amendment to the Bavarian Inn Affordable Housing Planned Unit Development for the
purpose of allowing a change to the architecture to the structures on Parcel 2 and to the
duplex on Parcel 1.
NOW, TItEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Insubstantial Amendment to the Bavarian Inn Affordable Housing Subdivision/PuD for the
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02/13/2003 t!:11¢
$ILVIA D;~VI$ PITKIN COUNTY CO R 11.00 D 0.00
purpose of allowing a change t° the ~chitecture o£the structures on ?arc¢! 2 and to the
duplex structure only on Parcel 1, is approved.
Section 2:
The following conditions apply to this approval.
1. Within 60 days of this approval the applicant shall submit for recordation
purposes the revised Bavarian Inn Subdivisi0n/P~ plans reflecting this
insubstantial an~endment to the Community Development Department.
2. The provisions of City Council Ordinance No. 21, Series of 2001, approving
the Final Bavarian ][un Subdivision/PUD, in particular, SectiOn 2 (2) having to
do with dimensional requirements, shall remain in full force and effect and are
not altered by this PUD amendment.
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, smitence, 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 Commission by a vote of six to zero (6-0) at its regular meeting on
December 3, 2002.
APPROVED AS TO FORM: PLANNING AND ZONING CO~SSi0N:
City'Attomey Jasmine Tygre, Chair
ATTEST:
hian, DePuty CitY Clerk