HomeMy WebLinkAboutresolution.hpc.050-2001Resolution No. 50
(SERIES OF 2001)
RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION
DENYING A VARIANCE TO THE RESIDENTIAL DESIGN STANDARDS FOR
"FENCES", TO ALLOW FOR A FENCE TO BE CONSTRUCTED TO A
HEIGHT OF FORTY-EIGHT INCHES IN THE FRONT YARD SETBACK, ON
THE LOTS O, P, Q AND THE EAST 3' OF N, BLOCK 16, 718 W. HALLAM
STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-124-24-007
WHEREAS, the Community Development Department received an application
from Linda and Nelson Gordman, owners, represented by Larry Rather of Mountain
Ranch Management, for a variance from the Residential Design Standards for the Lots O,
P, Q and the East 3' of Lot N, Block 16, 718 W. Hallam Street; and,
WHEREAS, the property located at 718 W Hallam Street is a 9,000 square foot,
located in the R-6 Zone District, and currently contains a two unit condominium
complex; 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(B)(1), Fences, of the Aspen Municipal Code; and
WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that
it' 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 Design Review Appeal Board
pursuant to Chapter 26.222, Design Review Appeal Board; and
NOW, THEREFORE BE IT RESOLVED by the City of Aspen Historic
Preservation Commission, also serving as the Design Review Appeals Committee:
Section 1
That a proposed variance for the replacement of a fence more than 42" in height
maximum to a height of 48"in the front yard setback at 718 W. Hallam Street, Aspen,
Colorado, is denied by a vote of 7 to 0 (7-0) pursuant to Section 26.410.040(B)(1),
Fences, of the Residential Design Standards.
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 Historic Preservation 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 approvals.
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 October 24, 2001.
DENIED AS TO FORM:
City Attorney '~
ATTEST:
City Clerk/~
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HISTORIC PRESERVATION
COMMISSION:
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