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HomeMy WebLinkAboutresolution.apz.002-04SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 0.00 RESOLUTION NO. 2 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION DENYING A PUD AMENDMENT REQUEST TO AMEND THE BUILDING ENVELOPE ON LOT 1, BLOCK G, OF THE ASPEN HIGHLANDS VILLAGE SUBDIVISION/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 735-143-16-001 WHEREAS, the Community Development Department received an application from Tony Tamer, represented by Lipkin Warner Design, requesting approval of a PUD amendment to the Aspen Highlands Village PUD to amend the building envelope on Lot 1, Block G, of the Aspen Highlands Village Subdivision/PuD to allow for a partially subgrade mechanical vault to be maintained outside the originally designated building envelope; and, WHEREAS,. upon review of the application and the applic~ah!,e cQ~e ~s~an, dards, the C0mmUn~f~ Development Department recOmmended appr0val.6f ~he. Prop°S6d .pUD amendment; ai~d'~" ~. :'. ' .... ii'..:~ ~'i'ii~ WHEREAS, during a duly noticed public hearing on January 1,3, 2004, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code and considered and denied a motion to approve the PUD amendment by a four to two (4-2) vote; thereby denying the proposed request; and, NOW, THEREFORE, BE IT RESOLVED BY THE .CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: 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 denies the PUD amendment request to amend the building envelope on Lot 1, Block G, of the Aspen Highlands Village Subdivision/PuD. 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and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 0,00 amended as herein provided, and the same shall be conducted and concluded u]nder such prior ordinances.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. DENIED BY the Planning and Zoning Commission of the City of Aspen on this 13th day of January, 2004. APPROVED AS TO FORM: COMMISSION: PLANNING AND ZONING Cit~Attorney V Jasmine Tygre, Chair ATTEST: kie Lothian, Deputy City Clerk