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HomeMy WebLinkAboutresolution.apz.024-01 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT DESIGN STANDARDS TO ALLOW FOR AN ACCESS()RY DWELLING UNIT TO BE CONSTRUCTED TO 21 FEET IN HEIGHT ON THE REAR 1/3 OF THE PARCEL LOCATED AT 707 W. NORTH STREET, LOTS G, H. AND I, BLOCK 14, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-121-15-001 / Resolution #01- 24 WHEREAS, the Community Development Department received an application from Jeff and Molly Gorsuch, seeking a special review approval for a variance from Section 26.520.050, Accessory Dwelling Unit Design Standards to allow the applicant ~o construct an accessory dwelling unit to 21 feet in height on the rear 1/3 portion of a parcel zoned R-6. The applicant's property is located at 707 W. North Street, Lots G, H, and I, Block 14 of the 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(4),; and WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found 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 one of the following review standards in order for the Planning and Zoning Commission: a) The proposed ADU is desigq~ed 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 thc 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 variances, recommended approval of the special review to allow the applicant to vary the ADU design standards to allow for the ADU to be constructed to a height of 21 feet on the rear 1/3' of the R-6 zoned parcel; and WltEREAS, during a duly noticed public hearing at a regular meeting on June 12, 2001, the Planning and Zoning Commission, approved a special review for the ADU design standards to allow for the applicant to construct an ADU to a height of 21 feet on the rear 1/3 ofa R-6 zoned parcel described as Lots, G, H, and I, Block 14 of the City and Townsite of Aspen by a vote of 5 to 0_9___, with the following condition: 1. There shall be no chimney allowed on the roof of the Accessory Dwelling Unit. NOW, TItEREFORE BE IT RESOLVED by the Commission: Section 1 That a special review for a variance from the ADU Design Standards for the proposed single-family residence and ADU at 707 W. North Street, Aspen, Colorado, is approved with conditions pursuant to Section 26.430, SPecial Review, allowing the applicant to construct an ADU to 21 feet in height, as measured by the City of Aspen Land Use Code, on the rear 1/3 of an R-6 zoned parcel. APPROVED by the Commission at its regular meeting on June 19, 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Cit~fAttorney -- X/ ~, Chair (2/ ATTEST: kie Lothian, Deputy City Clerk