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HomeMy WebLinkAboutresolution.council.041-07 A RESOLUTION OF THE ASPEN CITY COUNCIL UPHOLDING THE DECISION MADE BY THE PLANNING AND ZONING COMMISSION GRANTING APPROVAL OF AN 8040 GREENLINE REVIEW, RESIDENTIAL DESIGN STANDARD VARIANCE, AND A PUD , AMENDMENT FOR THE PROPERTY LOCATED AT 1001 UTE AVE, LEGALLY DESCRIBED AS MINE, 1741 MINE NAME: ONE THOUSAND ONE PERCENT: 100 ACRES: 0 DESC: ALL SURFACE & MINERAL RIGHTS DESC: SECTION 18-10-84 WEST OF THE 6TH, CITY OF ASPEN, PITKIN COUNTY, COLORADO. RESOLUTION NO. 41, SERIES OF 2007 WHEREAS, the applicant, Ute Mesa LLC, owners, represented by Leathem Stearn; and Glenn Horn of Davis Horn, Inc. and Jack Miller of Miller Associates, requested approval of an 8040 Greenline Review, a Residential Design Standard Variance from Secondary Mass, and a PUD Amendment to construct two (2) free-market homes at 1001 Ute Ave; and WHEREAS, the Planning and Zoning Commission met and discussed the project at a regularly scheduled meeting on April 3, 2007, which met the proper noticing requirements of Section 26.304.060.E of the Land Use Code; and WHEREAS, all Land Use Requests were granted approval after the Planning and Zoning Commission found that the application met the review criteria for an 8040 Greenline Review, Residential Design Standard Variance, and a PUD Amendment; and WHEREAS, no abuse of discretion, arbitrary and capricious conduct, nor denial of due process occurred during the above mentioned hearings; and WHEREAS, the Aspen City Council affirms that the proper procedures were followed and wishes to confirm the decision of the Planning and Zoning Commission as rendered in their Resolution #9, Series of 2007. NOW, THEREFORE, BE IT RESOLVED: City Council affirms the decision of the Planning and Zoning Commission that granted an approval for an 8040 Greenline Review, Residential Design Standard Variance, and a PUD Amendment approval for the property located at 1001 Ute Ave, legally described as Mine, 1741 Mine Name: One Thousand One Percent: 100 Acres: 0 Desc: All Surface & Mineral Rights DESC: Section 18-10"84 West of the 6th, City of Aspen, Pitkin County, Colorado, finding that there was not an abuse of discretion or a denial of due process by the Commission. APPROVED by the City Council at its regular meeting on this 14th day of May, 2007. - M~ ~ ~-t:::, ~ Hele K nderud