HomeMy WebLinkAboutresolution.apz.025-02 Resolution No. 25
(SERIES OF 2002)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A STREAM MARGIN REVIEW TO CONSTRUCT AN INTERIOR
FLOOR TO BISECT A TWO STORY ROOM IN THE RESIDENCE LOCATED A1~ 115
NEALE AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-073-53-001
WHEREAS, the Community Development Department received an application from
Dave Fuente, represented by Zone 4 Architecture, requesting Stream Margin Review approval
for the construction of an interior floor that bisects a two story room in the single-family
residence located at 115 Neale Ave; and,
WltEREAS, the applicant's prope~y is a 14,549 sq. ft. lot located in the R-15 Zone
Distr/ct and in an Environmentally Sensitive Area as defined by the Land Use Code; and,
WHEREAS, the Community Development Department Staff reviewed the Application
for compliance with the Stream Margin Review Standards; and
WHEREAS, upon review of the application, and the applicable Land Use Code
standards, the Community Development Director finds that Stream Margin Review Standard No.
3, No. 9, and No. 11 are not applicable to the proposal because the existing residence is currently
non-conforming in regards to it's setback from the river's top of slope and the proposal does not
increase the aforementioned non-conformity; and,
WHEREAS, upon review of the application, site visits, and the applicable Land Use
Code standards, the Community Development Director recommended approval of the Steam
Margin Review finding that the remaining review standards have been met; and,
WltEREAS, 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 Conm~unity Development Director,
and has taken and considered public comment at a duly noticed public hearing; and,
WHEREAS, the City of 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 is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Planning and Zoning Commission approves the Stream Margin Review
request, by a vote of six to zero (6 - 0), and,
WHEREAS, the City of 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 the Commission:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby approves the Stream Margin Review request to
construct an interior floor to bisect a two-story room in the existing residence at 115 Neale
Avenue.
Section 2
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 3
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.
Section 4
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.
APPROVED by the Commission at its regular meeting on August 20, 2002.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City'~tto~y - V Jasmine Tygre, Chair /2/
ATTEST:
~a-ckie Lothian, Deputy City Clerk