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HomeMy WebLinkAboutresolution.apz.047-01 RESOLUTION NO. 47~ SERIES OF 2001 A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING X REQUEST FORK ST~ MARGIN REVIEW FOR A PROPERTY LOCATED AT 1210 RED BUTTE DRIVE; LOT 5, GA~YL0RD SUBDIVISIO~ Parcel ID: 2735-013-!6005 WHEREAS, the Community Development Department received an application from the Applicant, Brian L. Hazen represented by Jack Palomino/Palomino Barth Architects, requesting a Stream Margin Review approval, for the residence located at 1210 Red Butte 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, 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 WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Mnnicipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on November 20, 2001; and WHEREAS, the City of Aspen Planning and Zoning Con:anission 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 Commnnity Plan; and, WHEREAS, the Planning and Zoning Commission approw;d, by a vote of five To zero (5 - 0) the Stream Margin Review; 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. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLoRADo ON THE 20th DAY OF NOVEMBER 2001, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approved the Stream i¢largin Review subject ~o~he foifowing conditions: Page: 1 of 3 12/10/2001 10: 48$~ 1. No vegetation shall be removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelOpe shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricade shall remain in place until the issuance of Certificates of Occupancy; and 2. 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 constniction and a silt fence shall be placed along the riverside of the building envelope. A drainage plan shall be submitted to the Engineering Department for review prior to construction. 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. 4. The landscape plan shall limit new plantings (including trees, shrubs, flo~vers, and grasses) outside of the designated building envelope on the riverside to native riparian vegetation. 5. 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. A lighting plan shall be submitted with the building permit application. 6. Prior to construction, the applicant shall obtain ail necessary permits from the Building Department as required. 7. 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. 8. The site plan submitted with the building permit application shall clearly delineate the top of slope. Section 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as h~rein awarded, whether in public heating or documentation presented before the Plauning and Zoning Commission or City Council, 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. 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. PacJe: 2 of 12/10/2001 Approved by the Commission at its regular meeting on November 20, 2001. APPROVED AS TO FORM: PLANNING AND ZONING coMMISSION: City°Attomey Jasmine Tygre, Chair ~J ~ ATTEST: ~2~ackie Lothiar~, Deputy City Clerk