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HomeMy WebLinkAboutresolution.apz.014-05RESOLUTION NO. 14 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN EXEMPTION FROM MOUNTAIN VIEW PLANE REVIEW TO CONSTRUCT THIRTY-ONE FOOT TALL ADDITIONS TO EACH OF THE TWO (2) WESTERNMOST CONNOR CABIN SITES, LOCATED AT 530 AND 532 E. HOPKINS AVENUE, EAST 7'6" OF LOT P, AND ALL OF LOTS Q AND R, BLOCK 93, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-31-003 Parcel ID: 2737-073-31-004 WHEREAS, the Community Development Department received an application from Austin Lawrence Partners, LLC, represented by Haas Land Planning, LLC. requesting approval of an exemption from the Mountain View Plane Review to construct a thirty-one (31) foot tall addition on each of the two (2) westernmost Cormor Cabin sites located at 530 and 532 E. Hopkins Avenue; and; WHEREAS, the Historic Preservation Commission granted Conceptual HPC approval for the proposed development pursuant to Resolution No. 7, Series of 2005; and, WHEREAS, the Planning and Zoning Conunission shall by resolution approve, approve with conditions, or disapprove a development application for an exemption from the Mountain View Plane Review, after considering a recommendation by the Community Development Department pursuant to Land Use Code Section 26.435.050, Mountain View Plane Review; and, WHEREAS, the Community Development Department reviewed the exemption from the Mountain View Plane Review and recommended approval; and, WHEREAS, during a duly noticed public heating on April 12, 2005, the Planning and Zoning Commission denied a motion to approve the view plane review exemption by a five to two (5 negative-2 affirmative) vote, and then unanimously voted to reconsider the request and to continue the public hearing to April 19, 2005; and, WHEREAS, during a continued public heating on April 19, 2005, the Planning and Zoning Commission, by a four to two (4-2) vote, approved the proposed exemption from the Court House View Plane Review to construct a thirty-one (31) foot tall addition to each of the two (2) westernmost Connor Cabin sites located at 530 and 532 E. Hopkins Avenue; 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, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds ail applicable development standards and that the D~V;S PZTKZN COUNTY 00 R :~,ee D e.ee approval of thc devclopmem proposal, with conditions, ~s consistent wi~ thc goals ~d clcmcms o~thc Aspen ~ca Co~ty P]~; ~d, WHE~AS, the A~en Plug ~d Zo~ng Co~ission finds ~at ~s Resolution ~hers ~d is necess~ for ~e promotion of public health, safety, ~d welf~e. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: .Section l Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves an exemption from Mountain View Plane Review for the construction of thirty-one (31) foot tall additions to each of the two (2) westernmost Connor Cabin sites located at 530 and 532 E. Hopkins Avenue, on the eastern 7'6" of Lot P, and all of Lots Q and R, Block 93, City and Townsite of Aspen. 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 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 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 4: 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 thereofi Approved by the Commission at its regular meeting on April 19, 2005. APPROVED AS TO FORM: City ~ttomey [/ PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair {/ ~ -- ATTEST: e ~thi~r~,-Deputy City Clerk