HomeMy WebLinkAboutresolution.apz.032-01 RESOLUTION NO. 32 SERIES OF 2001
A RESOLUTION OF THE CITY OF ASPEN pLANNING AND zONING
COMMISSION APPROVING A REQUEST FOR A STREAM MARGIN
REVIEW AND VARIANCES FROM THE RESIDENTIAL DESIGN
STANDARDS FOR a) INFLECTION AND b) DOUBLE-WIDE GARAGE
DOORS FOR A PROPERTY LOCATED AT 1490 RED BUTTE DRIVE; LOT
2, BLOCK 1, RED BUTTE SUBDIVISION
Parcel ID: 2 735-013-02-004
WHEREAS, the Community Development Department received an application
from the Applicant, Mark Brown & Steve Brint, represented by Galambos Architects,
requesting a Stream Margin Review approval, and variances from the Residential Design
Standards for the residence located at 1490 Red Butte Dr. Aspen, CO; and
WHEREAS pursuant to Section 26.212, the Planning and Zoning CommisSion
may review and approve thc Stream Margin Review Application and acting in the
capacity of Design Review Appeals Committee may approve the variances from the
Residential Design Standards; and,
WHEREAS, upon review of the application and the applicable Land Use Code
standards, the Community Development Department recommends approval for 1) Stream
Margin Review, and 2) Variances from the Residential Design Standards for Inflection
and Double-wide garage doors, and recommends denial for the variance from the
Residential Design StandardS for the windows located in the 9': i 2'} "NO window zOne";
and
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal for Stream Margin Review under the applicable
provisions of the Municipal Code as identified herein, has reviewed and conSidered the
Variance requests from the Residential Design Standards recommendation of the
Community Development Director, and has taken and considered public comment at a
public hearing; and
WHEREAS, the Aspen Planning and Zoning Commission, acting as the Design
Review Appeals Committee, has reviewed and considered the VarianCe requests from the
Residential Design Standards and may approve the variance request for 1) Inflection and
2) Double-wide garage doors; and
WHEREAS, the Planning and Zoning Commission approved, by a vote of six to
zero (6,0) for I) Stream Margin Review and 2) Variances fr°m the Residential Design
Standards; and
WHEREAS, the City of Aspen Planning and Zoning Commission 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 Community Plan; and,
WHEREAS, the City of Aspen Planning and Zoning Commission fmds 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 17ih DAY OF
JULY, 2001, THAT:
Section 1
~ to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Plarming and Zoning Commission approved a 1) Stream Margin Review and 2)
Variances from the Residential Design Standards for Inflection and Double Wide Garage
Doors, subject to the following conditions:
1. No vegetation 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 barricades shall remain in
place until the issuance of Certificates of Occupancy; and
21 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. A drainage plan shall be submitted t° 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 watercottrse, and a copy of said notice shall be
submitted to the Federal Emergency Management Agency.
4. A Landscape Plan shall be submitted to the Parks Department for review. Such
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. 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.
6. A lighting plan shall be submitted with the Building Permit application.
Page: 2 of 3
7. All foundations must be constructed about the water table; therefore the level of
the water table, on the riverside, shall be determined and shown on the survey
Plat.
8. A statement shall be provided from a Colorado Licensed Engineer s~ting that the
proposed development will not cause flooding in adjacent or downstream
properties.
Section 2
X-II-~rial representations and commitments 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 same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 3
IT-~y 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.
Approved by the Commission at its regular meeting on July 17th, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:..
City Attorney Jasmine Tygre, Chair f~