HomeMy WebLinkAboutresolution.apz.018-04 07/09/2004 02:43P
SILVIA DglVI$ PITKIN COUNTY CO R ll,00 D 0.00 .-~
~SOLUTION N0. ~,
(SE~ES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN, PLANNING AND ZONING
COMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN
STANDARD REQUIRING THAT THE FRONT FACADE OF A GARAGE BE
SETBACK AT LEAST 10' FURTHER FROM THE STREET THAN THE
FRONT-MOST WALL OF THE HOUSE FOR THE RESIDENCE LOCATED AT
1300 MOUNTAIN VIEW DRIVE, LOT 7, BLOCK 1, WEST MEADOW
SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 273!;-0130-8004
WHEREAS, the Community Development Departmem received an application
from the applicant, John Emerick, requesting a Variance to the Residential Design
Standard requiring that the front fagade of a garage be setback at least 10' further from
the street than the front-most wall of the house; and,
WHEREAS, upon initial 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; however, the applicant subsequently revised the plan, shifting the proposed
garage from the front of the house to the west side of the house to a point setback 6.9 feet
farther from the street than the from fagade of the house, which caused staff to change its
recommendation to approval because the variance was now in compliance with Criteria 2
of Section 26.410.020 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 June 1, 2004, approved Resolution No. 18_, Series of 2004, by a vote of five to
zero (5 - 0), to approve the Variance to the Residential Design Standards allowing the
front fagade of a garage be setback 6.9 feet further from the street than the front-most
wall of the house; and,
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 1st DAY OF
JUNE 2004, THAT:
STLVII~ DI~VIS PITK][N COUNTY CO R
Section 1:
Pursuant to the procedures and standards set £orth in Title 26 of the Aspen Municipal Code,
Lot 7, Block 1, West Meadow Subdivision, Parcel Identification of 2735-0130-8004, is
approved for a Variance to the Residential Design Standard allowing the from £a~ade of the
garage to be setback 6.9 feet fiarther from the street than the £ront-most wall of the house.
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07/09/2004 02:43P
Section 2:
All material representations and commitments made by the applicant pursuant to 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, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on June 1, 2004.
APPROVED AS TO FORM:
Cit~'Attorney
ATTEST:
J~ Lothian, DepOt/City Cle r'k,..
PLANNING AND ZONING
COMMISSION:
Jhs~mir~ Tygre, Chair