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HomeMy WebLinkAboutresolution.apz.031-04 Resolution No. 31 (SERIES OF 2004) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW IDENTIFYING HUNTER CREEK'S TOP OF SLOPE ON LOT 1 OF THE ODEN LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-072-13-001 WHEREAS, the Community Development Department received an application from Bob and Paula Starodoj, requesting Stream Margin Review approval to identify Hunter Creek's top of slope as being the elevation of 7,870 feet above sea level on the property described as Lot 1 of the Oden Lot Split; and, WHEREAS, the Applicant's property is a 30,891 square foot vacant parcel located in the R-15A 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 establishing Hunter Creek's top of slope at an elevation Of 7,870 'feet above sea level on Lot 1, of the Oden Lot Split is appropriate based on the Land Use Code's definition of Top of Slope; 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 consistent 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 establish Hunter Creek's top of slope as the elevation of 7,870 feet above sea level on Lot 1, of the Oden Lot Split, 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,'THEREFO~ BE IT~SOLVED by the Commission: Section 1 Pursuant 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 establish Hunter Creek's top of slope as the elevation of 7,870 feet above sea level on Lot 1, of the Oden Lot Split, with the following conditions: The Applicant shall apply for another stream margin review to construct a residence on the subject site since this stream margin review approval simply establishes Hunter Creek's top of slope as it relates to the development of the subject site. The Applicant shall record an amended plat at the Pitkin County Clerk and Recorder's Office that reconfigures the building envelope on the subject parcel in a manner that would make the north and west sides of the building envelope follow Hunter Creek's top of slope as established herein. o As a condition of any future stream margin review application on this site, the Applicant shall be required to erect silt fence and construction fencing at the top of slope determined 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. 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 October 5, 2004. APPROVED AS TO FORM: City~At~dmey PLANNING AND ZONING CQ 4MIS : Rhth Kruger, Vicer. Chair d]~cki'e Lothihn, Deputy City Clerk