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HomeMy WebLinkAboutresolution.apz.013-05RESOLUTION NO.13 (Series of 2005) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE TO THE ACCESSORY DWELLING UNIT DESIGN STANDARDS TO ALLOW FOR EXPANSION OF THE CARRIAGE HOUSE AT 860 ROARING FORK ROAD, C1TY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-121-04-013 WHEREAS, the Community Development Department received an application from Davis Horn Inc., on behalf of Gary and Laura Lauder, seeking a special review approval for a variance from Section 26.520.050, Accessory Dwelling Unit Design Standards to allow the Applicants to add 120 square feet of floor area to the carriage house on their property located at 860 Roaring Fork Road, in thc City of Aspen, Colorado; and, WHEREAS, pursuant to Section 26.520.050 of the Aspen Municipal Code, Community Development Department staff reviewed the applicant's application for compliance with the Accessory Dwelling Unit Design Standards Section of the Aspen Municipal Code and found the submitted development application to be consistent with Review Standards pursuant to 26.520.050(4) and 26.520.050(5); and, WHEREAS all applications for Special Review for variations from the ADU Design Standards of Section 26.520.050 must meet the following review standards: b) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the units general livability; and The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of off-street parking, availability of transit services, and walking proximity to employment and recreational opportunities; and, WHEREAS, pursuant to Section 26.312.030.C Subsection 3 (per Ordinance No. 35, Series of 2004) Section 26.312.030.C of the City of Aspen Municipal Code a detached ADU or Carriage House structure may be enlarged or expanded by up to five hundred (500) square feet of floor area, provided that this bonus floor area shall go entirely to the detached ADU or Carriage House and also provided that the ADU or Carriage House does not exceed the maximum size allowed for an ADU or Carriage House. The enlargement or expansion must comply with all other requirements of this Title, and shall receive development review approval as required by 26.520, Accessory Dwelling Units, and Special Review approval pursuant to Section 26.430; and, WHEREAS all applications for Special Review for variations fi.om the ADU Design Standards of Section 26.520.050 must meet the following review standards in order for the Planning and Zoning Commission: The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the units general livability; and The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and h) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of off-street parking, availability of transit services, and walking proximity to employment and recreational opportunities; and, WHEREAS, the Community Development Director, at~er review of the requested variances, recommended approval of the special review to allow the applicant to vary the ADU design standards to construct the additional square footage to the Carriage House; and, WHEREAS, during a duly noticed public hearing at a regular meeting on March 15, 2005, the Planning and Zoning Commission, approved by a vote of seven to zero (7 - 0) a special review application to vary the ADU design standards to allow for the Applicant to make a 120 square foot addition to the Carriage House at 860 Roaring Fork Road, City of Aspen, Pitkin County, Colorado. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1 That a special review for a variance fi.om the ADU Design Standards to allow for the 120 square foot addition to the Carriage House at 860 Roaring Fork Road, City of Aspen, Pitkin County, Colorado, is approved pursuant to Land Use Code Section 26.430, Special Review. 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 thc validity of the remaining portions thereo£ Section 4 All material representations and commitments made by thc 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. APPROVED by the City of Aspen Planning and Zoning Commission at its regular meeting on March 15, 2005. APPROVED AS TO FORM: Cit - -- x~ PLANNING AND ZONING COMMISSION: ATTEST: t~ckie Lothian,tDeputy City Clerk H:\chrislXApplications'ur'lanning & Zoning Commission\Lauder ADU Expansion