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