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$ILUIA DAVIS ~ITKIN OOUNT¥ O0 ~ 11.00 D 0.00
RESOLUTION NO. 1
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A PUD AMENDMENT TO THE ASPEN
HIGHLANDS VILLAGE PUD TO AMEND THE BUILDING ENVELOPE ON LOT
14, BLOCK G, OF THE ASPEN HIGHLANDS VILLAGE SUBDIVISION/PUD, 289
EXHIBITION LANE, TO ALLOW FOR A ROOF OVERHANG TO BE
MAINTAINED OUTSIDE THE ORIGINALLY DESIGNATED BUILDING
ENVELOPE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2735-143-16-014
WHEREAS, the Community Development Department received.an ~tPplication
from Maroon Creek Aspen LLC, represented by David Johnston Architects, requesting
approval of a PUD amendment to the Aspen Highlands Village PUD to amend the
"activity envelope" and a "building envelope adjustment" on Lot 14, Block G, of the Aspen
Highlands Village Subdivision/PUD to allow for two (2) patio areas to be maintained
outside the originally designated activity envelope; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended denial of the proposed PUD
amendment; and,..
WHEREAS, during a duly noticed public heafing'6fi j'~h~"8;~{)'04:, the Planiiing
and Zoning Commission reviewed and considered the development proposal and entertained
a motion to approve both the requested "building envelope adjustment" and the "activity
envelope adjustment"; and,
WHEREAS, the motion to approve both the requested building envelope
adjustment and the activity envelope adjustment failed by a vote of four to two (4-2); and,
WltEREAS, the Planning and Zoning Commission subsequently considered a
second motion to approve only the requested "building envelope adjustment", which was
approved by a six to zero (6-0) vote; thereby approving the proposed "building envelope
adjustment" with the condition of approval contained herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal for the "building envelope adjustment" meets or exceeds all applicable
development standards and that the approval of the development proposal, with conditions,
is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE 'IT RESOLVED BY THE CITY OF ASPEN 'PLANNING`
AND ZONING COMMISSION AS FOLLOWS:
Page: 2 of 2
01/26/2004 11
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$I~_~YIA DAVIS ~ITKIN cOUNTY CO
Section 1:
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section
26.445, Planned Unit Development, the Planning and Zoning Commission hereby approves
a PUD amendment to the Aspen Highlands Village PUD to amend the "building
envelope" on Lot 14, Block G, of the Aspen Highlands Village Subdivision/PUD to allow
for the roof overhang to be maintained outside of the originally designated building
envelope, with the following condition:
1. The Applicant shall record a plat identifying the amended building envelope
within 180 days of this approval.
Section 2:
All material 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:
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, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6th
day of January, 2004.
APPROVED AS TO FORM:
COMMISSION:
PLANNING AND ZONING
Ci~ Att~ey
jasmine Tygre, Chair
ATTEST:
ckie Lotfi~afi~ I~epu-t~ City Clerk