HomeMy WebLinkAboutresolution.apz.012-02 Resolution No.12
(SERIES OF 2002)
RESOLUTION OF TIlE ASPEN PLANNING AND ZONING COMMISSION ACTING
AS THE DESIGN REVIEW APPEALS COMMITTEE
APPROVING RESIDENTIAL DESIGN STANDARD VARIANCES FOR GARAGE
LOCATION AND TO ALLOW DOUBLE STALL GARAGE DOORS AT 775 AND 777
CEMETERY LANE, LOT 4, BLOCK 1. WEST ASPEN'SUB'DIViSiON, PITKIN
COUNTY, COLORADO.
Parcel No. 2735-122-09-019
WIIEREAS, the Community Development Department received an application from
Chet Winchester and Joachim Weimann, seeking variances from Section 26.410, Residential
Design Standards, seeking relief from the garage location requirement and the single stall garage
door requirement. The applicant's property is located aT 775 and 777 Cemetery Lane, Lot 4,
Block 1. of the West Aspen Subdivision, Aspen, Colorado: and
WIIEREAS, the applicant's property is a 15.002 sq. fi. lot with a proposed duplex and
located in the R-15 Zone District; and
WIIEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code, Con~rnunity
Development Department staff reviewed the applicant's proposed application for compliance
with the Residential Design Standards Section of the Aspen Municipal Code and found the
submitted development application to be inconsistent with Standard 26.410.040(C)(2)(c) and
26.410(C)(2)(f), Garage; and
WItEREAS, 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 Design Review Appeal Committee pursuant to Chapter 26.222.
Design Review Appeal Committee; and
WIIEREAS, 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 Design Review Appeal Committee as it applies to garages; and
WIIEREAS all applications for appeal from the Residential Design Standards of Section
26.410.040 must comply with the following review standards in order for the Planning and
Zoning Commission acting as the Design Review Appeal Committee or other decision making
administrative body to grant an exception, namely the proposal must:
al Yield greater compliance with the goals of the Aspen Area Community Plan; and,
b) More effectively address the issue or problem a given standard or provision responds to;
or
a/ Be clearly necessary for reasons of fairness related to unusual site specific consrraims;
WHEREAS, the Community Development Director, after review of the requested
variances, initially recommended denial for the requested variances from the residential design
standards for garage location and single stall garage doors: and,
Page: 1 of 2
04/25/2002 02: 17~
WHEREAS, during a duly noticed public hearing at a regular meeting on March 19,
2002, the Planning and Zoning Commission tabled the public hearing to April 2, 2002. The
planning and Zoning COmmission denied the propOsed variance requests by a vote of four to
three (4-3); and,
WHEREAS, the Planning and Zoning Commission approved a reconsideration of the
action by a vote of seven to zero (7-0) to allow the Applicants to revise their design and tabled
the Public Hearing to April 16, 2002; and,
WHEREAS, the Applicants revised their proposed design in an attempt to better meet
the Variance Review Standards; and,
WHEREAS, the Community Development Director, after review of the revised design,
recommended denial of the requested variances from the residential design standards for garage
location and single stall garage doors; and,
WHEREAS, at a regular meeting on April 16, 2002 the Planning and Zoning
Commission acting as the Design Review Appeal Committee, approved with conditions,
variances from the garage location standard and single stall garage door standard of Section
26.410.040(C)(2) of the Aspen Municipal Code ~sit ap~iie~ ~0 R~sidentiai D~sign Stand,ds for
Lot 4, Block 1 of the West Aspen Subdivision by a vote of five to zero (5-0). Finding that the
variance requests 1) yielded greater compliance with the AACP, and 2)more effectively
addressed the issue or problem that the given standards respond to.
NOW, THEREFORE BE IT ~SOLVED by the Commission:
Section 1
That proposed variances for garage placement and single stall garage doors for the proposed
duplex at 775 and 777 Cemetery Lane, Aspen, Colorado, are approved pursuant to Land Use
Code Section 26.410.040(C)(2), garage location of the Residential DeSign Standards allowing
two garages to be constructed forward of the duplex with street facing garage doors and double
stall garage doors with the following condition:
1. The Applicant shall install all of the landscaping shown on the proposed landscape
plan no later that August 1, 2002.
2. The garage doors Shall be in compliance with the plan, which was marked as Exhibit
#1 at the public hearing of April 16, 2002.
APPROVED by the Commission at its regular meeting on April 16, 2002.
APPPxO._VED AS TO FORM: D,E. SlJgN R~VIEW ApPeALS COMMITTEE:
Cit~Attorney ~ JasmLne TYgre, Chair bt ~
Plam~/ng and Zoning Commission
ATTE T:
~ki-e Lothian,~ Deputy CitY Clerk C:my 1)o~ //11///Illi[ II/Ill////Illll/I II/11/llll il/III/I//11
page: 2 oq 2
04/25/2002 02: 17~