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HomeMy WebLinkAboutresolution.apz.027-02 RESOLUTION NO 27, SERIES OF 2002 A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A REQUEST FOR A STREAdM MARGIN REVIEW AND A VARIANCE TO THE RESIDENTIAL DESIGN STANDARDS FOR A PROPERTY LOCATED AT 1170 RIVER DRIVE; LOT 17, BLACK BIRCH SUBDIVISION Parcel ID: 2735-013-07-002 WHEREAS, the Community Development Department received an application from the Applicant, William and Joyce Gmenberg, represented by Randy Wedum of Wedum Associates, requesting a Stream Margin Review approval and a variance to the Residential Design Standards, for the residence located at 1170 River Dr. Aspen, CO; and WHEREAS pursuant to Section 26.212, the Planning and Zoning Commission may review and approve the Stream Margin Review Application and serve as the Design Review Appeals Committee to review and approve variances to the Resi~dential Design Standards; and, . WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval for the Stream Margin Review and the variance to the Residential Design Standards for the non- orthogonal windows; and VCHEREAS, the Aspen Planning and Zoning Comm]tssion reviewed and considered the development proposal under the applicable provismns of the Municipal Code as identified herein, and reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public heating on October 1, 20021 and WHEREAS, the City of Aspen Planning and Zoning Co~mission finds thal the development proposal meets or exceeds all applicable development standards and that the approvals of the development proposal are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Cormnission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and. WHEREAS, the Planning and Zoning Commission approvecl, by a vote of six_ to zero (_6 - 0_) the Stream Margin Review and variance to the Residential Design Standards; and, NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THIS 1~ DAY OF OCTOBER 2002, THAT: Section 1 Pursuant to the procedures and standar® set forth in Title 26 o:f the Aspen Municipal Code, the Planning and Zoning Commission approves the Stream Margin Review subject to the following conditions: No vegetation shall be removed or damaged or slope grade changes (cut or fill) made outside of the specifically defined building envelope designated on the approved site plan (dated July 5, 2002 and revised August i[7, 2002). The building envelope shall be barricaded prior to issuance of any demolition, excavation or building permits and the banicade shall remain in place until the issuance of Certificates of Occupancy; and Prior to issuance of building permit, the following shall be :required: a. A lighting plan shall be submitted with the building permit application. All exterior lighting shall be low and downcast with no light(s) directed toward the river or located down the slope and shall[ be in compliance with section 26.575.150. b. A drainage plan shall be submitted to the Engineering Department for review prior to construction. The proposed development shall not pollute or interfere with the natural changes of the river, stream or other tributary including erOsion and/or sedimentation during construction and a silt fence shall be placed along the riverside of the building envelope. e. The applicant shall obtain all permits from the necessary Building Department as required. d. The applicant shall pay a Park Dedication ImPact Fee for any additional bedrooms that are added. e. The applicant shall obtain a floodplain development permit from the City of Aspen Engineering Department. f. A financial guarantee shall be provided to the City in an amount determined by the Community Development Engineer for the ditch proposed to be relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished as a result of the relocatiun. The bond shall be released upon completion of the ditch relocation and satisfaction of the Community Development Engineer. g. The site plan submitted with the building permit aPPlication shall clearly delineate the top of slope. h. Confirmation from the Army Corps of Engineers ti:tat no wetlands permits shall be required for this application. i. In accordance with documented offer from the applicant (letter from Wedum Architect & Associates dated September 23, 2002), a Fisherman's Easement shall be dedicated to Ce City in a form approved by the City Attorney for the area of the lot from the ROaring Fork River up to the edge of bank, as shown on the approved site plan. j. A letter of approval from the Homeowners Association and/Or the ditch company with jurisdiction over the Taggart Ditch stating apprOVal of the plan to relocate the ditch on this property. 3. A written notice shall be given to the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and a copy of said notice shall be submitted to the Federal Emergency Management Agency and the Community Development Department 4. The landscape plan shall limit new plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on 'the riverside to native riparian vegetation. 5. If the newly enclosed area plus the area of the exiting structure exceeds 5,000 square feet, the newly enclosed area may be required to be sprinkled. The plans will be reviewed with the Fire Marshall at the time of application for a building permit. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approves the variance to the Residential Design Standards, allowing two (2) non-orthogonal windows on the south-east elevation of the residence. Section 3 All material representations and conunitments 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 se~e shall be complied with as if fully set forth herein, unless amended by an authorized entity. 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 provismn and shall not affect the validity of the remaining portions thereof Approved by the Commission at its regular meeting on October 1, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City"Attorney ' v Jasmine Tygre, Chair ATTEST: ackie Lothi~n,-Deputy City Clerk