HomeMy WebLinkAboutresolution.apz.025-03RESOLUTION NO. 2_~5,
(SERIES OF 2003)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN
STANDARDS TO ALLOW FOR MORE THAN ONE NON-ORTHOGONAL
WINDOW ON EACH FACADE OF THE RESIDENCE LOCATED AT 253
SILVERLODE DRIVE, LOT 11, SILVERLODE SUBDIVISION, CITY OF
ASPEN, PITI/LIN COUNTY, COLORADO.
Parcel ID: 2735-074-30-001
WHEREAS, the Community Development Department received an application
from the applicant, John Elmore, requesting a Variance to the Residential Design
Standards to allow for four (4) additional non-orthogonal windows on the west elevation,
two (21 additional non-orthogonal windows on the north elevation, and two (2) additional
non-orthogonal windows on the south elevation; and,
WHEREAS, upon review of the application and the applicable Land Use Code
standards in Section 26.410.040 of the Aspen Municipal Code, the Community
Development Department recommended denial of the Variance to the Residential Design
Standards to allow more than one Non-Orthogonal Windows on each faCade because staff
finds that the request does not comply with Criteria I or 2 of Section 26.222.010 of the
Aspen Municipal Code; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promotion of public health, safety, and welfare;
and,
WHEREAS, the City of Aspen Planning and Zoning Commission, at a public
meeting on November 4, 2003, approved Resolution No. 25, Series of 20031 by a Vote of
four to three (4 - 3), t6 approve the Variance to the Residential Design Standards to allow
for more than one non-orthogonal window; and,
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING mD ZONING
COMMISSION OF THE CITY OF ~SPEN, COLO~O ~O~ THE 4th DAY OF
NOVEMBER 2003, THAT:
Section 1:
Pursuant to the proc.edurcs and standards set forth in Title 26 of the Aspen Municipal Code,
Lot 11, Silverlode Subdivision, Parcel Identification of 2737-074-30-001, is approved for a
Variance to the Residential Design Standards for Non-Orthogonal Windows.
Section 2:
All material representations and commitments made by the applicant pursuant ro this
application, whether in public hearings or documentation presented before the Planning and
Zoning Commission are hereby incorporated in such plan 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 operate as an abatement
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, distincl and independent provision and shall not affect the
validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on November 4, 2003.
APPROVED AS TO FORM:
As~. City Attorney, Da¥id Hoefer
PLANNING AND ZONING
COMMISSION:
Jasmine Tygre, Chair
ATTEST:
~an, Deputy City Clerk