HomeMy WebLinkAboutresolution.apz.023-04 0~/10/2004 09:31~
$ILVIA D~VI$ PITKIN COUNTY CO R ll.00 D ~).0~
Resolution ~o. ~
(SEINES OF 2004)
RESOLUTION OF THE PLANNING AND ZONING COMMISSION
DENYING VARIANCES TO THE RESIDENTIAL DESIGN STANDARDS FOR
SECTION 26.410.040(D)(3)(A) FOR 310 WEST BLEEKER STREET, LOTS P & Q,
BLOCK 43, ASPEN TOWNSITE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-124-36002
WHEREAS, the Community Development Department received an application from J.
Ronald and Phyllis J. Blevins, owner, represented by Charles Cunniffe Architects, for a variance
from the Residential Design Standards for 310 W. Bleeker Street, Lots P & Q, Block 43, Aspen
Townsite; and,
WHEREAS, the property located at 310 W. Bleeker is a 6,000 square foot lot, located in
the Moderate-Density Residential (R-6) Zone District, and currently has a single-family dwelling
unit; 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(D)(3)(a), related
to window location on the first finished floor of the street facing facade; 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 Planning and Zoning Commission; 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(D)(3)(a) of the Aspen
Municipal Code to the Planning and Zoning Commission as it applies to the window location on
the first finished floor of the street facing fagade; 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, hamely
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 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,
08/10/2004 09:31R
SILVIA DAVIS =ITKIN COUNTY CO R ll.00 O 0.00
...................... = .... ~ ~--~- ~ -~. ~ ..... ..........
WHREAS, during a duly noticed public hearing at a regular meeting on June 15, 2004 the
Planning and Zoning Commission denied variances from the Sections 26.410.040(D)(3)(a) 310
West Bleeker Street by a vote of six to one (6) to (1).
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION, ALSO SERVING AS THE DESiGN-~VIEW' APPEALS
COMMITTEE:
Section 1
That a proposed variance for a single-family residence at 310 West Bleeker Street, Aspen,
Colorad°, is denied pursuant to Section 26.410.040(D)(3)(a), window location on the front
faCade of the first finished floor, of Residential Design Standards finding that the review
standards have not been met.
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 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 4
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held in(~alid 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 Commission at its regUlar meeting on June 15, 2004.
APPROVED AS TO,FORM: PLANNING AND ZONING COMMISSION:
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