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HomeMy WebLinkAboutresolution.apz.026-04SILVIA DAVIS PITKIN COUNTY CO R 1B.00 D 0.~0 Resolution No. 26 (SERIES OF 2004) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW TO CONSTRUCT A 470 SQUARE FOOT ADDITION TO THE SINGLE-FAMILY RESIDENCE ~OCATED AT54 SHADY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-072-00-026 WHEREAS, the Community Development Department received an application from Marc Friedberg, requesting Stream Margin Review approval for the construction of a 470 square foot addition to the existing single-family residence located at 54 Shady Lane; and, WHEREAS, the Applicant's property is a 35,600 sq. ft. lot located in the R-30 Zone District and in an Environmentally Sensitive Area as defined by the Land Use Code; and, WHEREAS, the Community Development Department Staff reviewed the Application for compliance with the Stream Margin Review Standards; and, WHEREAS, upon review of the application, site visits, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Steam Margin Review finding that the review standards have been met; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public heating; and, WHEREAS, the City of 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 is cor[sistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approves with conditions, the Stream Margin Review request to construct a 470 square foot addition to the single-family residence at 54 Shady Lane, by a vote of five to zero (5 - 0), 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. NOW, THEREFORE BE IT RESOLVED by the Commission: Page: 2 (3t~ 3 08/10/2004 09:311:1 SILVI~ DAVIS PITKIN COUNTY CO R 16.00 D 0.00 Section 1 ~ursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a stream margin review request to construct a 470 square foot addition to the single-family residence located at 54 Shady Lane, with the following conditions: The Applicant shall place vegetation protection fencing and silt fencing directly adjacent to and on the north side of the pedestrian path (adjacent to sculpture) that runs from the comer of the carport steps to the north side of the existing deck. The Applicant shall provide a detailed tree protection fencing plan at the time of building permit submittal and have the City of Aspen Parks Department inspect and approve of the erected silt and tree protection fencing prior to commencing construction. The Applicant shall store construction materials adjacent to the carport along Red Mountain Road to ensure protection of native vegetation on the site. The location of the material storage shall be shown on the construction management plan that shall be submitted by the Contractor at the time of building permit submittal. o There shall be no excavation, storage of materials, storage of construction backfill, storage of equipment, ~'oot or vehicle traffic allowed within the drip line of any tree on the site. All outdoor lighting shall be downcast and meet the requirements of the City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. The primary contractor shall submit a letter with the building permit application stating that they have read and understand the conditions of approval contained herein. The Applicant shall provide a drainage plan prepared by a licensed engineer prior to building permit issuance that demonstrates that the property's historic runoff will not be increased as a result of the addition approved herein. Section 2 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. Page: 3 o¢ 3 08/~.0/2004 09: 31.~ SILVlf~ DRVIS PITKIN COUNTY CO R 16.00 D 0.00 Section 3 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. Section 4 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. APPROVED by the Commission at its regular meeting on July 20, 2004. APPROVED AS TO FORM: ATTEST: PLANNING AND ZONING COMMISSION: Ruth Krueger, ir ~ity Clerk