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Ji=lNICE K vas C~UDILL PITKIN COUNTY CO R 16.00 0 0.00
Resolution No. 36
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION GRANTING HALLAM LAKE BLUFF REVIEW FOR A
DEMOLITION OF A SINGLE FAMILY DWELLING, CONSIDERED
"DEVELOPMENT" THAT IS PARTIALLY LOCATED WITHIN THE 30
SETBACK AREA FROM THE TOP OF BANK FOR PROPERTY LOCATED AT
102 WOOD DUCK LANE, CITY OF ASPEN, COLORADO.
Parcel ID:2735-121-30-005
WHEREAS, the Community Development Department received an application
from Haas Land Planning, LLC, for Andrew Lessmann, AML Investment II, LLC, owner
of 102 Wood Duck Lane, represented by Boto Design Architects and Haas Land
Planning, for Hallam Lake Bluff Review for the demolition of a single family house,
considered "development"; and,
WHEREAS, the Property is known as 102 Wood Duck Lane and is legally
described as being in Block 2, the northerly portions of Lots 1-8 of the Aspen Company
Subdivision, City and Townsite of Aspen, and is approximately 21,880 square feet in
size; and,
WHEREAS, the site currently contains a single-family residence and associated
uses and improvements and is proposed for demolition with a portion of the existing house
deck located in the 30 foot setback of the Top of Bank area of the Hallam Lake Bluff
Environmentally Sensitive Area; and,
WHEREAS, pursuant to Section 26.435.060.C of the Land Use Code, Hallam
Lake Bluff Review may be approved, approved with conditions, or denied by the
Planning and Zoning Commission at a duly noticed public hearing after considering
recommendations by the Community Development Director, and the standards of review
of said Section; and,
WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during
a regular meeting on December 19, 2006, the Planning and Zoning Commission opened a
duly noticed public hearing to consider the project and where the recommendation of the
Community Development Director and comments from the public were heard the
standards of review were examined and approved the request for Hallam Lake Bluff
Review by a four to zero (4-0) vote, with the findings contained in Exhibit A of the
December 19, 2006, staff memorandum and the conditions of approval listed hereinafter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION as follows:
Section 1: Hallam Lake Bluff Review
The Planning and Zoning Commission, pursuant to Chapter 26.435.060.C, hereby
approves the Hallam Lake Bluff Review for the "development" considered to be the
Planning and Zoning Commission Resolution
No. 36, Series of 2006, 102 Wood Duck Lane
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JRNICE K vas CAUDILL PITKIN COUNTY CO R 16,00 0 0.00
demolition of a house, portions of which are within the 30 foot setback from the Top of
Bank of Hallam Lake Bluff ESA, subject to the following conditions.
Section 2: Buildinl! Permit
The demolition "building" permit application shall include/depict:
1. A signed copy of the P&Z Resolution granting land use approval.
2. A letter from the primary contractor stating that the approving Resolution has been read
and understood.
3. The conditions of approval shall be printed on the cover page ohhe building permit
set.
4. A landscaping/grading/revegetation plan that meets with the written approval of the
Parks Department that fulfills the goals ofthe purpose of Hallam Lake Bluff ESA.
5. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during and after
demolition. A 2-year storm frequency should be used in designing any drainage
improvements.
6. A tree removal permit, as applicable.
7. A fugitive dust control plan approved by the Environmental Health Department which
addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-
needed cleaning of adjacent rights-of-way, speed limits within and accessing the site,
and the ability to request additional measures to prevent a nuisance during
construction. The applicant shall wash tracked mud and debris from the street as
necessary, and as requested by the City, during construction. Submission of a fugitive
dust control plan to the Colorado Department of Public Health and Environment Air
Quality Control Division may also be necessary.
8. A study performed by a Colorado licensed Civil Engineer demonstrating how the
required excavation/demolition activity on the site shall be performed without
damaging adjacent properties, structures, or the slope stability of the bluff.
9. A construction site management and parking plan meeting the specifications of the
City Building Department.
Prior to issuance of a building permit:
1. All permit fees shall be paid.
Section 3: Lil!htinl! Code and no Iil!htinl! down the slope
All outdoor lighting shall be in compliance with the City of Aspen Outdoor Lighting
Regulations, as amended from time to time, and no lighting down the bluff shall be
permitted.
Planning and Zoning Commission Resolution
No. 36, Series of 2006, 102 Wood Duck Lane
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Ji=lNICE K VOS CRUDILL PITKIN COUNTY CO R 16.00 0 0.00
Section 4: Representations
All material representations and commitments made by the developer 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 other specific conditions.
Section 6: Noise Durin!! Construction
During demolition/ construction, noise cannot exceed maximum permissible sound level
standards, and construction cannot be done except between the hours of 7 am and 7 pm,
Monday thru Saturday. Construction is not allowed on Sundays.
Section 7:
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 8:
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 9:
That the City Clerk is directed to record a copy of this Resolution in the office of the Pitkin
County Clerk and Recorder.
APPROVED by the Commission at its regular meeting on December 19, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
R~~
ttomey
ATTEST:
\
~
ckie Lothian, Deputy City Clerk
Planning and Zoning Commission Resolution
No. 36, Series of 2006, 102 Wood Duck Lane
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