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RESOLUTION NO. 2:J....
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL DENY TEXT
AMENDMENTS THAT AMEND MUNICIPAL CODE SECTION 26.71O.090(10)(a)
AND (b), FLOOR AREA RATIO (FAR), TO ALLOW A NON-mSTORIC
DETACHED RESIDENTIAL OR DUPLEX DWELLING ON A
NONCONFORMING LOT OF LESS THAN 5,000 SQ. FT. OR LESS LAND ONE
mSTORIC TRANSFERABLE DEVELOPMENT RIGHT IN THE RESIDENTIAL
MULTI-FAMLY (R/MF) ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, Dan Coleman represented by Eric Cohen has submitted an
application for an amendment to Title 26, the City of Aspen Land Use Code to amend
Section 26.71O.090(10)(a) and (b), Floor Area Ratio (FAR) of the Residential Multi-
Family (RIMF) zone district, to allow a non-historic detached residential or duplex
dwelling on a non-conforming lot of 5,000 sq. ft. or less land one Historic Transferable
Development Right (TDR); and,
WHEREAS, the Community Development Director has sponsored the proposed
code amendment to be heard by the Planning and Zoning Commission and City Council;
and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution recommend that City Council approve, approve with
conditions, or deny a Code Amendment application, after considering a recommendation
by the Community Development Department and taking and considering public
comments; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing,
considered the recommendation of the Community Development Director and public
testimony on the proposed Code Amendment; and,
WHEREAS, the Planning and Zoning Commission finds that the Code Amendment
proposal does not meet or exceed all applicable amendment standards; and,
WHEREAS, during a public hearing on June 6, 2006, the Planning and Zoning
Commission recommended denial of Resolution No. ,;J).., Series of2006, by a four to one
(4-1) vote, that the City Council deny the land use code amendment to amend Section
26.71O.090(10)(a) and (b), Floor Area Ratio (FAR) of the Residential Multi-Family
(RIMP) zone district to allow a non-historic detached residential or duplex dwelling on a
non-conforming lot of 5,000 sq. ft. or less land one Historic Transferable Development
Right (TDR); and,
WHEREAS, the Aspen Planning and Zoning Commission fmds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby recommends that City Council denv the
following requested text code amendment to the Land Use Code Section
26.71O.090(10)(a) and (b), Floor Area Ratio (FAR), for the Multi-Family Residential
(R/MF) zone district to a allow a non-historic detached residential or duplex dwelling on
a non-conforming lot of 5,000 sq. ft. or less land one Historic Transferable Development
Right (TDR) of250 sq.ft., as noted in the following section:
Section 2:
Sections 26.710.090(10)(a) and (b), Floor Area Ratio(FAR), of the Aspen Municipal
Code shall be amended to read as follows:
Land Use Code Section 26.710.090(D)(a) and (b), Floor Area Ratio (FAR)
a. Detached residential and Duplex dwellings established prior to the adoption of
Ordinance 27, Series of 2004: 100% of the allowable floor area of an
equivalent-sized lot located in the R6 zone district. (See R6 Zone District.)
Receipt of a Development Order shall constitute the date the use was
established. Replacement after Demolition shall not effect a new
establishment date for the purposes of this section. City of Aspen Historic
Transferable Development Rights shall not be extinguished in this zone
district and shall not permit additional floor area except in the case of a lot of
less than 5.000 square feet. In this circumstance an Aspen Historic
Transferable Development Right certificate may be extinguished pursuant to
Section 26.535. Transferable Development Rights. and shall allow an
additional 250 square feet of Floor Area. No more than one Floor Area
increase shall be allowed per property. Properties listed on the Inventory of
Historic Sites and Structures shall not be eligible for this Floor Area increase.
Non-conforming uses and structures shall not be eligible for this floor area
mcrease.
b. Detached residential and Duplex dwellings established after the adoption of
Ordinance 27, Series of 2004: 80% of the allowable floor area of an
equivalent-sized lot located in the R6 zone district. (See R6 Zone District.)
City of Aspen Historic Transferable Development Rights shall not be
extinguished in this zone district and shall not permit additional floor area
except in the case of a lot of less than 5.000 square feet. In this circumstance
an Aspen Historic Transferable Development Right certificate may be
extinguished pursuant to Section 26.535. Transferable Development Rights.
and shall allow an additional 250 square feet of Floor Area. No more than one
Floor Area increase shall be allowed per property. Properties listed on the
Inventory of Historic Sites and Structures shall not be eligible for this Floor
Area increase. Non-conforming uses and structures shall not be eligible for
this floor area increase.
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 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 June 6, 2006.
PLANNING AND ZONING COMMISSION:
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ATTEST:
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ackie Lothian, Deputy City Clerk