HomeMy WebLinkAboutresolution.apz.008-04SILt/IA DAVIS PITKIN COUNTY CO R 10.00 D 0.00
Resolution No. 08
(SERIES OF 2004)
RESOLUTION OF THE PLANNING AND ZONING COMMISSION
APPROVING VARIANCES TO THE RESIDENTiaL DESiGNSTAND~S
FOR SECTIONS 26.410.040(C)(2)(B) AND2'6.410.~0~'0~D)(~2), i~OR' 73 SMUGGLER
GROVE, EAST MEADOW SUBDIVISION, LOT 5, CITY OF ASPEN, PiT~N
COUNTY, COLORADO.
Parcel No. 2737-181-06006
WHEREAS, the Community Development Department received an application
from Mike Seguin, owner, 'represented by Rally Dupps of Consortium Architects, for
variances from the Residential Design Standards for 73 Smuggler Grove, East Meadown
Subdivision, Lot 5; and,
WHEREAS, the property located at 73 Smuggler Grove is a 6,211 square foot
lot, located in the Moderate-Density Residential (R- 15A) Zone District, and currently has
a duplex located on the lot; and,
WHEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code,
CommUnity Development Department staff reviewed the applicant's application for
compliance with the Residential Design Standards of Section 26.410.040 of the ASpen
Municipal Code and found the submitted development application to be inconsistent with
Standard 26.410.040(C)(2)(b), related to garage location and Standard 26.410.040(D)(2),
related to a one story street facing element; 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 Residential Design Standards, the applicant may either
amend the application or appeal staff's findings to the Design Review Appeal Board
pursuant to Chapter 26.222, Design Review Appeal Board; and
WHEREAS, pursuant to Section 26.410.020(B) of the Aspen Municipal Code,
the applicant submitted a request for a variance from Standard 26.410.040(C)(2)(b) and
Standard 26.410.040(D)(2) of the Aspen Municipal Code to the Planning and Zoning
Commission as it applies to the garage location and one story element; and
WHEREAS, all applications for appeal from the Residential Design Standards of
Section 26.410.040 must meet one of the following review standards in order for the
Design Review Appeal Committee or other decision making administrative body to grant
'an exception, namely the proposal must:
Provide an appropriate design or pattern of development considering the
context in which the development is proposed and the purpose of the
particular standard. In evaluating the context as it is used in the criteria, the
reviewing board may consider the relationship of the proposed development
SILVIA DAVIS PITKIN COUNTY CO I~ 16.00 D 0.00
with adjacefi~ gtructures, tiS~-immedia~iie~h~0rh00-d set~ih-gi~r ~t~rrc~er
vicinity as the board feels is necessary to determine if the exception is
warranted; or,
o
Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
WHREAS, during a duly noticed public hearing at a regular meeting on March 16,
2004 the Planning and Zoning Commission approved variances from the Sections
26.410.040(C)(2)(b) and 26.410.040(D)(2) of the Aspen Municipal Code for 73
Smuggler Grove by a vote of four to zero (4) to (0).
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION,
APPEALS COMMITTEE:
Section 1
That a proposed variance for a single-family residence at 73 Smuggler Grove, Aspen,
Colorado, is approved pursuant to Section 26.410.040(C)(2)(b), related to garage location
and Section 26.410.040(D)(2), related to providing a one story element of the Residential
Design Standards finding that the review standards have been met.
Section 3
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 4
This Ordinance 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 5
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 Commission at its regular meeting on March 16, 2004.
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SILVIA DAVIS PITKIN COUNTY CO R lB 00 D 0.00
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
ATTEST:
ffity Clerk
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