HomeMy WebLinkAboutresolution.apz.013-01 Resolution No. 13
(SERIES OF2001)
RESOLUTION OF TIlE ASPEN PLANNING AND ZONING COMMISSION
ACTING AS TIlE DESIGN REVIEW APPEALS COMMITTEE
APPROVING RESIDENTIAL DESIGN STANDARD VARIANCES FOR BUILD-
TO LINES AND SECONDARY MASS FOR LOT 11, SILVERLODE DRIVE, OF
THE SILVERLOAD SUBDIVISION, CITY OF ASPEN, P]~TKIN COUNTy.
COLORADO.
Parcel No. 2737-074-30-011
WHEREAS, the Community Development Department received an application
from Gregory Register, seeking variances from Section 26.410 Residential Design
Guidelines for Build-to Lines and Secondary Mass for a proposed two-story single-
family residence for Lot 11 of the Silverload Subdivision, Silverlode Drive, Aspen,
Colorado; and
WIIEREAS, the applicant's property is a vacant lot encompassing 13,339 sq. ft.
lot and located in the AH PUD Zone District in the Silverload Subdivision; and
WIIEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code,
Community Development Department staff reviewed the applicant's 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(A)(2) "Build-to Lines" and 26.410.040(B)(1) "Secondary Mass"; and
WHEREAS, Section 26.410.020(C) of the Aspen Municipal[ Code provides that
if an application is found by Community Developmem Department staffto be
inconsistent with any item of the Residential Design Guidelines, the applicant may either
amend the application or appeal staff's findings to the Aspen Planning and Zoning
Commission acting as 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 variances from Standards 26.410.040(A)(2) and
26.410.040(B)(1) of the Aspen Municipal Code to the Aspen Planning and Zoning
Commission acting as the Design Review Appeal Committee as it applies to Build-to
Lines and Secondary Mass; and
WIIEREAS, all applications for appeal from the Residential Design Standards of
Section 26.410.040 must meet one of the following review standards in order for the
Design Review Appeal Committee or other decision making administrative body to grant
an exception, namely the proposal must:
a) Yield greater compliance with the goals of the Aspen Area Community Plan;
b) More effectively address the issue or problem a given standard or provision
responds to; or
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SILVIA DAVIS PITKIN COUNTY CO R 10,00 O 0.1~0
c) Be clearly necessary for reasons of fairness related to unusual site specific
Constraints;
WltEREAS, the Community Development Director, after review of the
requested variances, recommended approval for variances from the residential design
standards for Build-to Lines and Secondary Mass for the proposed residence on Lot 11,
Silverlode Drive of the Silverl°ad Subdivision; and
WltEREAS, during a duly noticed public hearing at a regular meeting on April
3rd, 2001, the Aspen Planning and Zoning Commission acting as the Design Review
Appeal Committee, approved variances from the Build-to Lines and Seeor~dary Mass
standards of Section 26.410 of the Aspen Municipal Code as it applies to Residential
Design Standards finding that the proposal complies with Criteria # c listed above, for a
proposed residence located at proposed residence on Lot 11, Silverlode Drive of the
Silverload Subdivision by a vote of five to zero (5 - 0).
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, that the proposed variances for a proposed Single'family residence on Lot 11,
Silverlode Drive of the Silverload SubdivisiOn, Aspen, Colorado, are approved pursuant
to Section 26.410.040(A)(2) Build-to Lines and 26.410.040(B)(i) Secondary MaSs of the
Residential Design Standards.
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 o£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/nvalid 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.
APPROVED by the Commission at its regular meeting on April 3rd' 2001.
APP~llO~D AS TO FORM: PLANNING & ZON][NG COMMISSION:
Cit~Attomey ~/ ~t-l~h, Chair
/~ackie~Lot~a[, Deputy City Clerk