HomeMy WebLinkAboutresolution.apz.026-05.SILVI~ DI~VIS PITKIN COUNTY CO R 16.00 O o.ee
Resolution No. 26
(SERIES OF 2005)
RESOLUTION OF THE PLANNING AND ZONING COMMISSION
DENYING A VARIANCE TO THE RESIDENTIAL DESIGN STANDARDS FOR
SECTION 26.410.040(A)(3) FOR 257 PARK AVENUE, LOT 3, PARK-DALE
SUBDIVISION, ASPEN TOWNSITE, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel No. 2737-181-33051
WHEREAS, the Community Development Department received an application
from Coast Pacific Asset Management, Inc., owner, represented by Boto Design
Architects, for a variance from the Residential Design Standards for 257 Park Avenue,
Lot 3, Park-Dale Subdivision; and,
WHEREAS, the property located at 257 Park Avenue is a 9,000 square foot lot,
located in the Moderate-Density Residential (R-6) Zone District, and currently has a two
single-family dwelling units; and,
WHEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code,
Community Development Department staff reviewed the applicant's application for
compliance with the Residential Design Standards of Section 26.410.040 of the Aspen
Municipal Code and found the submitted development application to be inconsistent with
Standard 26.410.040(A)(3), related to fence height forward of the front facade of the
house; and
WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that
if an application is found by Community Development Department staff to be
inconsistent with any item of the Residential Design Standards, the applicant may either
amend the application or appeal staff's findings to the Planning and Zoning Commission;
and
WHEREAS, pursuant to Section 26.410.020(B) of the Aspen Municipal Code,
the applicant submitted a request for a variance from Standard 26.410.040(A)(3) of the
Aspen Municipal Code to the Planning and Zoning Commission as it applies to the fence
height located forward of the front fa¢ade of the house; and
WHEREAS, all applications for appeal from the Residential Design Standards of
Section 26.410.040 must meet one of the following review standards in order for the
Design Review Appeal Committee or other decision making administrative body to grant
an exception, namely the proposal must:
Provide an appropriate design or pattem of development considering the
context in which the development is proposed and the purpose of the
particular standard. In evaluating the context as it is used in the criteria, the
reviewing board may consider the relationship of the proposed development
$ILVtA DAVIS PITKZN COUNTY CO R 16100 D e.ee
with adjacent structures, the immediate neighborhood setting, or a broader
vicinity as the board feels is necessary to determine if the exception is
warranted; or,
Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
WHREAS, during a duly noticed public hearing at a regular meeting on June 15,
2004 the Planning and Zoning Commission denied a variance from the Section
26.410.040(A)(3) for 257 Park Avenue by a vote of five to zero (5) to (0).
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION, ALSO SERVING AS THE DESIGN REVIEW
APPEALS COMMITTEE:
Section 1
That a proposed variance to allow a fence of six (6) feet in height forward of the front
fagade of a house for a single-family residence at 257 Park Avenue, Aspen, Colorado, is
denied pursuant to Section 26.410.020(C), of Residential Design Standards finding that
the review standards have been met.
Section 2
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 or City Council, 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 Ordinance 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 thereof.
DENIED by the Commission at its regular meeting on August 2, 2005.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City~tto~-~ ~
Jasmine Tygre, Chair
ATTEST:
g~drac~257parkreso doc
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