HomeMy WebLinkAboutresolution.council.103-04RESOLUTION NO. 103
(SERIES OF 2004)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO
THE SANDUNES LOT SPLIT LOCATED AT815 WEST MAiN STREET, GA
NORTH SIDE YARD SETBACK OF 19'6" ON LOT 2, OF ~THE's~DUNES LOT SPLIT,
CITY AND TOWNSITE OF ASPEN, PITKIN'CO'UNT¥; COLO~DO.
Parcel ID #2735-123-17-002
WHEREAS, the Community Development Department received an application from
Shadow Mountain Townhomes, Ltd, represented by John Kelly of Oates, Knezevich &
Gardenswartz, requesting an amendment to the Sandunes Lot Split to allow for the duplex that
was constructed on Lot 2 of the Lot Split to be maintained as constructed with a northern side
yard setback of 19'6"; and,
WHEREAS, City Council approved Ordinance No. 43, Series of 2000, approving the
Sandunes Lot Split on October 23, 2000; and,
WHEREAS, Ordinance No. 43, Series of 2000, applied the R-15 Zone District's
dimensional requirements to the Lot Split; and,
WHEREAS, the Community Development Director approved an administrative
amendment to the Sandunes Lot Split in November of 2000, establishing a twenty-five (25) foot
northern side yard setback on Lot 2, of the Sandunes Lot Split; and,
WHEREAS, the Community Development Department Director has reviewed the
request and recommends approval of the proposed amendment; and,
WHEREAS, during a public meeting on October 12, 2004, the City Council approved,
by a five to zero (5-0) vote, an amendment to the Sandunes Lot Split establishing a 19'6"
northern side yard setback on Lot 2, of the Sandunes Lot Split; and,
WHEREAS, the Aspen City Council has reviewed and considered the request pursuant to
the applicable provisions of the Municipal Code, has reviewed and considered the recommendation
of the Community Development Director; and,
WltEREAS, the Aspen City Council finds that the request meets or exceeds all applicable
development standards and that the approval of the request, with conditions, is consistent with the
goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen City Council finds that this Resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY
COUNCIL as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Lot
Split amendment to establish a 19'6" northern side yard setback on Lot 2, of the Sandunes Lot Split,
is hereby approved.
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.
APPROVED by the Aspen City Council at its regular meeting on October 12, 2004.
APPROVED AS TO FORM:
City Att$ ~ ~ .....
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ATTEST: