HomeMy WebLinkAboutresolution.apz.029-02 i RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
DENYING n SPECIAL ~VIEW TO VARy THE AC~g~10~ ~WELLiN~ UNIT
DESIGN STANDARDS TO ALLOW FOR AN ACCESSORY D~ELLiNG UNIT AT 922 W.
HALLAM, CITY OF ASPEN, PiTKIN COUNTY,i COLO~O,
Parcel No. 2735-123-18,001
Resolution No. 29
(Series of 2002)
WHEREAS, the Community Development Department received an application from Steve
Marcus and Bob Witek, seeking a special review approval for a variance from Section 26.520.050,
Accessory Dwelling Unit Design Standards to allow for an attached, sub-grade Accessory Dwelling
Unit and a waiver to the parking requirement for the Accessory Dwelling Unit at 922 W: Hallam
and described as Aspen Historic Cottages, Lot A, City and Townsite of Aspen, Colorado; and,
WHEREAS, pursuant to Section 26.520.050 of the Aspen Municipal Code, Community
Development Department staff reviewed the applicant's application for compliance With the
Accessory Dwelling Unit Design Standards Section of the Aspen Municipal Code and found the
submitted development application to be inconsistent with Review Standards pursuant to
26.520.050(3), 26.520.050(4) and 26.520.050(5); and~
WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an
application is Pound by CommunitY Development Department staff to be inconsistent with any item
of the Accessory Dwelling Unit DeSign Guidelines, the applicant may either amend the application
or appeal staff's findings to the Planning and Zoning Commission pursuant to Chapter 26.520.080,
Special Review; and,
WHEREAS, all applications for Special Review for variations from the ADU Design
Standards of Section 26.520.050 must meet the following review standards in order for the
Planning and Zoning Commission to grant a variance from the ADU design standards:
a) The proposed ADU is designed in a manner which promotes the purpose of the ADU
program, promotes the purpose of the zone district in which it is proposed, and promotes the
units general livability; and
a) The proposed ADU is designed to be compatible with, and subordinate in character to, the
primary residence considering all dimensions, site configuration, landscaping, privacy, and
historical significance of the property; and
c) The proposed ADU is designed in a manner which is compatible with or enhances the
character of the neighborhood considering all dimensions, density, designated view
planes, operating characteristics, traffic, availability of off-street parking, availability
of transit services, and walking proximity to employment and recreational opportunities.
WHEREAS, the Community Development Director, after review of the requested
variance, recommended denial of the special review to allow the applicant to vary the ADU design
standards; and,
WltEREAS. the AsperffPitkin County Housing Authority, after review of the
requested variances, recommended approval with conditions of the special review to vary the ADU
design standards; and,
WHEREAS, during a duly noticed public hearing au a regular meeting on November 5,
2002. the Planning and Zoning Commission, denied by a vote of five to one (5q) a special review
application to vary the ADU design standards for a unit at 920 W. Hallam, City and Townsite of
Aspen; and,
NOW. THEREFORE BE IT RESOLVED by the Commission:
Section 1:
That a special review for a variance from the ADU Design Standards for an ADU located at 922 W.
Hallam, Aspen, Colorado. is denied pursuant to Land Use Code Section 26.430, Special Review.
Section 2:
All material representations and commitments made by the applicant !pursuant to the special review
approvals as herein awarded, whether in public hearing or documentation presented before the
Planning and Zoning Commission are hereby incorporated in such approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not effect any existing litigation and shall not opiate as an abatemc~nt 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, 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.
DENIED by the Commission at its regular meeting on November 5, 2002.
APPROVED AS TO FORM: PLANNING AND ZONING cgMMISSION:
City'~ttomey ~ q~- Jasmine Tygre, Chair ~/0
ATTEST:
ff_~kie Lothian, Deputy City Clerk