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Resolution No. 171\
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A VARIANCE FROM THE FENCE HEIGHT RESIDENTIAL
DESIGN STANDARD TO ALLOW FOR THE CONSTRUCTION OF A WALL
OF UP TO SIX (6) FEET TALL ALONG THE PROPERTY LINE ADJACENT TO
RED MOUNTAIN ROAD AT 17 SHADY LANE AND ALLOWING FOR THE
RELOCATION OF A PORTION OF SHADY LANE, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2737-073-00-010
J
WHEREAS, the Community Development Department received an application
from Callwinnie LLC, requesting a variance from the fence height residential design
standard to construct a masonry wall of up to six (6) feet tall along the property line
adjacent to Red Mountain Road at 17 Shady Lane and the ability to relocate Shady Lane
to the north in conjunction with a stream margin review to construct a new single-family
residence; and,
WHEREAS, the Planning and Zonin~ Commission approved the associated
stream margin review application on March 7t , 2006, pursuant to Resolution No. 12,
Series of 2006, but did not grant the fence height variance or the relocation of Shady
Lane and continued the public hearing to April 18th, 2006; and,
WHEREAS, the Applicant submitted a revised fence height variance on April 7th,
2006, asked the Commission to reconsideration the relocation of Shady Lane at the April
18th meeting; and,
WHEREAS, the Community Development Department Staff reviewed the
application for compliance with the residential design standard variance review
standards; and,
WHEREAS, upon review of the application, site visits, and the applicable Land
Use Code standards, the Community Development Director recommended that the
Planning and Zoning Commission deny the fence height residential design standard
variance finding that the review standards are not met; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions ofthe Municipal Code
as identified herein, has reviewed and considered the recommendation of the Community
Development Director, and has taken and considered public comment at a duly noticed
public hearing; and,
WHEREAS, the City of 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 is consistent with the goals and objectives of the
Aspen Area Community Plan; and,
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JRNICE K vas CRUDILL PITKIN COUNTY CO 06 01.571
R 21.00 0 0.00
WHEREAS, during a continued public hearing on April 18,2006, the Planning
and Zoning Commission approved Resolution No. 17, Series of2006, by a four to one (4-
I) vote, approving with conditions, a variance from the fence height residential design
standard to construct a masonry wall of up to six (6) feet tall along the property line
adjacent to Red Mountain Road at 17 Shady Lane and granting the ability to relocate
Shady Lane to the north by approximately one foot in conjunction with a stream margin
review to construct a new single-family residence that was approved pursuant to
Resolution No. 12, Series of2006; 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 a variance from the fence
height residential design standard to construct a masonry wall of up to six (6) feet tall (as
shown on the wall plan presented to the Planning and Zoning Commission on April 18,
2006) along the property line adjacent to Red Mountain Road at 17 Shady Lane and
grants the ability to relocate Shady Lane to the north by approximately one foot (as
shown on the relocation plan presented to the Planning and Zoning Commission on April
18, 2006) in conjunction with a stream margin review to construct a new single-family
residence that was approved pursuant to Resolution No. 12, Series of 2006, subject to the
conditions contained herein.
Sectiou 2: Fence Permit
The Applicant shall submit a fence permit application for review and approval by the
Community Development Engineer and the City Zoning Officer prior to commencing
construction on the fence. The fence permit application shall include a site improvement
survey, a site plan indicting the location of the wall, and an elevation drawing of the wall.
Section 3: Shady Lane Relocation
The Applicant shall make arrangements to preserve vehicular access to the other houses
served by Shady Lane during the relocation of the street. Prior to commencing the
relocation of Shady Lane, the Applicant shall consult with the Fire Marshall to ensure
that the new turning radii are appropriate for emergency access. Additionally, prior to
building permit submittal and prior to the relocation of Shady Lane, the Applicant shall
consult with the Aspen Consolidated Sanitation District as to whether the existing main
sanitary sewer line below Shady Lane will need to be relocated at the Applicant's
expense. If it is determined by the Aspen Consolidated Sanitation District that the main
sewer line needs to be relocated along with the relocation of Shady Lane, the Applicant
shall comply with the following requirements:
I. The Applicant shall apply for a line extension request and a collections system
agreement from the Aspen Consolidated Sanitation District's Board of
Directors.
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JANICE K vas CAUDILL PITKIN COUNTY CO R 21.00 0 0.00
2. The Applicant shall deposit funds with the Aspen Consolidated Sanitation
District for engineering fees, construction fees, observation fees, and fees to
clean and televise the new main sewer line extension into the project.
3. The Applicant shall dedicate new sewer easements to for maintenance and
access to the new main sewer line.
4. The Applicant shall obtain a letter of consent to move the road from all of the
property owners that are served with vehicular access from the Shady Lane
prior to applying for an access/infrastructure permit to relocate the road. The
letters of consent shall be submitted to the City along with the
access/infrastructure permit application.
Section 4:
This resolution shall not affect 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 5:
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 6:
All material representations and commitments made by the 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 Commission at its regular meeting on April 18, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
~?:
Jasmine Tygre, Chair
(J. J t
City Attorney
ATTEST:
J ckie Lothian, Deputy City Clerk
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