HomeMy WebLinkAboutresolution.apz.012-97 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A SPECIAL REVIEW FOR A SANITARY SEWER
LINE WITHIN THE NO DEVELOPMENT AREA ESTABLISHED BY THE TOP-
OF-SLOPE AND FOR APPROVAL AND DENIAL OF VARIANCES TO THE
"RESIDENTIAL DESIGN STANDARDS" AT THE FRENZEL RESIDENCE
LOCATED AT 329 PARK AVE~, CITY OF ASPEN PARCEL # 2737-181-58-
001, CITY OF ASPEN
Resolution #97 - ] ~
WHEREAS, The Community Development Department received an application
from Mr. Otto Frenzel, owner, for a Special Review to repair and replace a sanitary sewer
line within the no-development area within fifteen (15) feet of or below the top-of-slOpe
established through Stream Margin Review and a request to vary "Residential Design
Standards" for a proposed single family home with an accessory dwelling unit at 329
Park Avenue; and,
WHEREAS, Pursuant to Section 26.68.040 of the Aspen Municipal Code, any
development deemed essential within fifteen (15) feet of or below the top-of-slope may
be approved by Special Review; and,
WHEREAS, the Community Development Departmem considers repairing and
or replacing faulty sanitary sewer lines to be essential development; and,'
WHEREAS, during a hearing at a regular meeting on June 3, 1997, the Planning
and Zoning Commission approved by a 7-0 vote the Special Review for the Frenzel
property with all conditions recommended by the Community Development Department
except condition #6; and,
WHEREAS, any Board for which an applicant must gain approval may vary the
requirements in Municipal Code Section 26.58 "Residential Design Standards" at a
public hearing; and,
WHEREAS, during a public hearing at a regular meeting on June 3, 1997, the
Planning and Zoning Commission approved by a 7-0 vote condition #6 of the Staff
memo, finding unusual site specific constraints warranting a variance, for reasons of
fairness; and,
WHEREAS, during a hearing at a regular meeting on June 3, 1997, the Planning
and Zoning Commission granted by a 5-2 vote a variance from '"Residential Design
Standards" 26.58.040(A)(3) and 26.58.040(F)(4)(c), allowing the garage to be configured
freely on the site, for reasons of fairness related to site specific constraints; and,
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WHEREAS, during a hearing at a regular meeting on June 3, 1997, the Planning and
Zoning Commission denied by a 7-0 vote a variance from the "Residential Design
Standard" 26.58.040(A)(2) concerning a street oriented principal window.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Special Review for repairing and/or replacing the sanitary sewer line below or
within fifteen (15) feet of the top-of-slope established through Stream.Margin Review
and variances to the "Residential Design Standards 26.58.040(A)(3) and
26.58.040(F)(4)(c) are approved with the following conditions'
,
The applicant may repair and/or replace as necessary the sewer service
line below or within fifteen (15) feet of the top-of-slope established as
elevation 7,935. This approval shall not be considered approval of any
other development in this designated area and shall not alter the
approved setbacks and height requirements established by the elevation
7,935 top-of-slope.
.
Pursuant to Section 26.68.040(B)(5), the applicant shall provide a plan
addressing pollution or interference with the natural changes of the river,
stream or other tributary, including erosion and/or sedimentation during.
construction before issuance of any permits.
.
Before digging for the sewer line, the applicant shall place construction
fencing along the. areas of planned disturbance to the approval of the
Zoning 'Officer, the Parks Department, or the City Engineering
Department. This fencing should be placed to minimize the impact of
construction on the native vegetation in this no development zone. All
development and construction required for the repair and or replacement
of the sewer line shall be limited to within the fenced area, regardless of
construction technique. Failure to obtain approval of the construction
fencing placement before digging shall at least be considered grounds for
a stop work order.
4..The owner shall revegetate all areas disturbed by the sewer line
construction. Only native species shall be used.
5. A tree removal permit shall be required for the removal or relocation of
trees as per Section 13.20.020 of the Code.
o
Prior to issuance of a building permit, applicant shall comply with all
standards of Section 26.58, Residential Design Standards, except
Standard 26.58.040(A)(1). This will allow the buildings to be non-parallel
to the street.
,,
Prior to issuance of a building permit, the applicant shall place funds in
escrow with the Aspen Sanitation District to cover the costs of the District
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Engineer, construction observation, and to televise the completed line
extension.
.
Prior to issuance of a building permit, the applicant shall complete a tap
permit and shall pay all connection charges due to the Aspen Sanitation
District.
,
Prior to issuance of a building permit, the applicant shall delineate and
note any access and sanitary sewer easements required by the
Sanitation Department on the final plat.
10. All material representations made by the applicant in the application and
during public meetings with the Planning and Zoning Commission shall be
adhered to and considered conditions of approval, unless otherwise
amended by other conditions.
APPROVED by the Commission at its regular meeting on June 3, 1997.
APPROVED AS TO FORM:
City Attorney
PLANNING AND ZONING COMMISSION:
Sara Garton, Chair
ATTEST:
~ckie Lothian,-D~puty City Cl~rk
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