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Home My WebLink Aboutresolution.apz.020-04 06/09/2004 02: 36P SILVI~ DI~VIS PITKIN COUNTY CO R 2B.00 D 0.0~) Resolution No. 20 (Series of 2004) RESOLUTION OF THE ASPEN pLANNING ~D ZON~N~ COMMISSION APPROVING A VARIANCE FROM THE FENCE HEIGHT RESIDENTIAL DESIGN STANDARD AT 777 CASTLE CREEK DRIVE, UNITS A AND B OF THE CASTLE CREEK DRIVE TOWNHOMES, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2 735-122-34-001 WHEREAS, the Community Development Department received an application from Charles and Nancy Wall, seeking a variance from the fence height requirements established in Land Use Code Section 26.410, Residential Design Standards, to construct a six (6) foot tall horizontal wood fence along Cemetery Lane and a four foot and six inch (4'6") tall iron fence along Castle Creek Drive on the property located at 777 Castle Creek Drive, Units A and B of the Castle Creek Drive Townhomes, City of Aspen, Colorado; and, WHEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code, Community Development Department Staff reviewed the fence application for compliance with the Residential Design Standards Section of the Aspen Municipal Code and found the submitted development application to be inconsistent with Review Standards pursuant to 26.410.040(A)(3); and, WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found by the Community Development Department Staff to be inconsistent with any item of the Residential Design Standards, the Applicants may either amend the application or request a variance from the Planning and Zoning Commission pursuant to Land Use Code Section 26.410, Residential Design Standards; and, WHEREAS, pursuant to Section 26.410.020(B) of the Aspen Municipal Code, the Applicants submitted a request for a variance from the Residential Design Standard set forth at Section 26.410.040(A)(3) of the Aspen Municipal Code pertaining to fence height; and, WHEREAS all applications for a variance from the Residential Design Standards of Section 26.410.040 must meet one of the following review standards in order for the Planning and Zoning Commission to grant an exception, namely the proposal must: a) Provide an appropriate design or pattern of development considering the context in which the development is proposed and 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 with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, 06/09/2004 02:36P $ILVII:I DI:IVI$ P~TK~N COUNTY CO R :26,00 D 0.00 b) Be clearly necessary for reasons of fairness related to unusual site- specific constraints. WHEREAS, the Community Development Director, after review of the requested variance, recommended denial of the proposed request, finding that the applicable review standards are not met by the proposal; and, WHEREAS, during a duly noticed public hearing on May 18, 2004, the Planning and Zoning Commission opened and continued the review of the variance request to June 1, 2004; and, WHEREAS, during a duly noticed public hearing on June 1, 2004, the Planning and Zoning Commission approved with conditions, by a five to zero (5-0) vote, the requested residential design standard variance to construct a six (6) foot tall horizontal wood fence along Cemetery Lane and a four foot and six inch (4'6") tall fence along Castle Creek Drive on the property located at 777 Castle Creek Drive, Units A and B of the Castle Creek Drive Townhomes, City of Aspen, Colorado; and, WHEREAS, the 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, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen 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: Section 1 That a variance from the fence height standard of the Residential Design Standards to construct a six (6) foot tall horizontal wood fence along Cemetery Lane and a four foot and six inch (4'6") tall fence along Castle Creek Drive is hereby approved for the property located at 777 Castle Creek Drive, Units A and B of the Castle Creek Drive Townhomes, with the following conditions: The Applicants shall obtain a fence permit from the City of Aspen Building Department prior to installing the fence. The fence permit submittal shall include a site plan demonstrating that the fence shall not be constructed in the line of sight of motorists turning onto Cemetery Lane from Castle Creek Drive as is to be reviewed by the Community Development Engineer. The Applicants shall excavate those postholes to be located within the root zones of the existing Cottonwood and Spruce trees on the property by hand to avoid damaging the root systems. The location of the fence posts shall be planned in a manner in which the majority of the postholes will be located in the area between trees and not directly behind existing tree trunks. o The Applicants shall not locate a posthole within 18 inches of the trunk of an existing tree. In the event that the Spruce trees on the southeastern portion of the property need to be trimmed in order to accommodate the location of the proposed fence, the Applicants shall preserve the branches on the Castle Creek Drive (eastern) side of said trees. The fence height variance granted herein shall only be for the type of fences applied for in the application (a cut sheet of the iron fence is attached as Exhibit "A" and a cut sheet of the wood privacy fence is attached as Exhibit "B"). Any changes in material or opacity of the fence designs approved herein shall require an amendment to this variance approval. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public heating or documentation presented before the Planning and Zoning Commission, 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 affect 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 the 1 st day of June, 2004. APPROVED AS TO FORM: City '- ~/ PLANNING AND ZONING C~MMISS~N: RogeDHaneman, Vice-Chair ATTEST: ~ .. c /) * (~ie Lothian, Depu(y City CleTl~ Page: 4 of 5 S[rLV~I D~V'TS P.t'TK~'N COUNTy CO e6/eg/2ee4 02:36P '-' _ R 26.ee D e.ee ,SCHEME "C" SCAEE: 1/2"= 1'-0" i:~,ET'A~ fOR ~R~ANENT EE~ Page: 5 of' 5 06/09/2004 02:36P SILVIA DAVIS PITKIN COUNTY CO R 26.00 D 0.00