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HomeMy WebLinkAboutresolution.apz.010-05RESOLUTION NO. (SER1ES OF 2005) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW FOR A PROPERTY LOCATED AT 507 SNEAKY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID NUMBER: 273512270004 WHEREAS, the Community Development Department received an application from Dr. Ann Mass, represented by Jeffery Orsulak (Lipkin Warner Design and Planning, LLC.), requesting Stream Margin Review approval for an addition of 201 square feet to the Applicant's duplex property located at 507 Sneaky Lane in the City of Aspen; and, WHEREAS, the applicant's property is a 51,770 sq. ft. lot located in the R-30 PUD Zone District and in an Environmentally Sensitive Area as defined by Section 26.435 of the City of Aspen Land Use Code; and, WHEREAS, the Community Development Department Staff reviewed the Application for compliance with the Stream Margin Review Standards; and, WHEREAS, the Community Development Engineer, City Engineer, Parks Department, Water Department, Sanitation District and Building Department reviewed the development proposal for 507 Sneaky Lane and provided written referral comments as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, site visits, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Steam Margin Review with conditions; 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, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the 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, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approves the Stream Margin Review request, by a vote ofSe~to ~ero ( _7~7- O_ ); 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, THEREFORE BE IT RESOLVED 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 the Stream Margin Review request for an addition totaling 201 square feet at 507 Sneaky Lane with the following conditions: 1) The Applicant shall provide upland tree protection fencing in the form of Panel Fencing around the drip line of all vegetation to be saved on site within 10 feet of the building envelope. The Applicant shall call the City Forester for an inspection of this fencing before any construction activities begin. No excavation, storage of materials, or any other use will occur within this zone during construction activities. 2) The Applicant shall place construction and silt protection fencing along the Stream Margin area for protection of the Castle Creek corridor before any construction activities are to begin. The Applicant shall submit a detailed riparian fencing plan detailing the protected area along the riverbank prior to the application of building permits. City Forester must be called for an inspection before any construction activities begin. 3) The Applicant shall submit a plat that meets with the approval of the Community Development Director and City Engineer indicating the proposed building envelope and have such plat recorded at the office of the Pitkin County Clerk and Recorder. 4) The Applicant shall submit an outdoor lighting plan and exterior lighting cuts sheets that demonstrate compliance with the City of Aspen Lighting ordinance at the time of Building Permit Submittal. 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. SILVIA OAVIS PIIKIN ~OUNTY CO R 1~.00 O 0.00 APPROVED by the Planning and Zoning Commission at its regular meeting on March 1, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Cit~ttomey V Jasmine Tygre, Chair ATTEST: hian, Deputy City Clerk