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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING THREE RESIDENTIAL DESIGN STANDARDS VARIANCES
FOR 1130 CEMETERY LANE, CONDO: K AND UNIT K: 2, CITY AND
TOWNSITE OF ASPEN, CO, PITKlN COUNTY, COLORADO
PARCEL NO. 2735-013-26-002
Resolution #002 -07
WHEREAS, the Community Development Department received an application
from Gideon Kaufman, represented by Gideon Kaufman, requesting approval of three (3)
Residential Design Standards Variances to construct a duplex; and,
WHEREAS, the subject property is zoned RI5 (Moderate Density Residential);
and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended denial, of the proposed land use
requests; and,
WHEREAS, during a duly noticed public hearing on January 2,2007, the Planning
and Zoning Commission approved Resolution No.2, Series of 2007, by a three to one (3-
I) vote, approving three Residential Design Standards Variances for the development of a
duplex on the property located at 1130 Cemetery Lane, Condo: K and Unit K: 2, City of
Aspen, CO; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission fmds that the development
proposal meets the applicable development standards and that approval of the development
proposal is consistent with the goals and elements ofthe Aspen Area Community Plan; and,
WHEREAS, the 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 CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Planning and Zoning Commission hereby approves three (3)
Variances from the Residential Design Standards, including Garage Width, Garage
Setback, and Entry Door Setback, for the development of a duplex on the property
located at 1130 Cemetery Lane, Condo: K and Unit K: 2, City of Aspen, CO.
Section 2:
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 or City Council, 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.
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JRNICE K VOS CI=IUDILL PITKIN COUNTY CO R 11.00 D 0.00
Section 3:
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 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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 2nd
day of January, 2007.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
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