HomeMy WebLinkAboutresolution.apz.031-07Z RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
~ APPROVING ONE RESIDENTIAL DESIGN STANDARDS VARIANCE FOR
~ J ~ 218 SOUTH THIRD ST, SOUTH HALF OF LOTS A & B, BLOCK 46, CITY AND
~ O ~ TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO
~°„ w v PARCEL NO. 2735-124-64-009
o ~ c
~ W Y
v a Resolution #31, Series 2007
ti o 9 WHEREAS, the Community Development Department received an application
~ c ~ from Bob and Sue Kendig, represented by Al Beyer, requesting approval of one (1)
N Residential Design Standards Variance to construct a new single-family home at 218
o a w j South Third Street; and,
o:
a ~ ~ WHEREAS, the subject property is zoned R-6 (Medium Density Residential);
' N
~ a ~ •~ and,
~ ~ ~ ~ WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended denial, of the proposed land use
request; and,
WHEREAS, during a duly noticed public hearing on November 2Q 2007, the
Planning and Zoning Commission approved Resolution No. 31, Series of 2007, by a three to
one (3 - 1) vote, approving one Residential Design Standards Variances for the
development of asingle-family home on the property located at 218 South Third Street,
Block 46, South half of Lots A & B, City and Townsite 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 of the 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 one (1) Variance
from the Residential Design Standards from Secondary Mass (Land Use Code Section
26.410.040.B.1), for the development of asingle-family home on the property located at
218 South Third Street, Block 46, South half of Lots A & B, City and Townsite of Aspen,
CO. The variance is from the following language, as stated in Land Use Code Section
26.410.040.B.1 in effect on November 20, 2007:
"Secondary mass. All new single-family and duplex structures shall locate at least ten
percent (10%) of their total square footage above grade in a mass which is completely
detached from the principal building or linked to it by a subordinate connecting element.
This standard shall only apply to parcels within the Aspen infill area pursuant to
Subsection 26.410.O10.B.2. Accessory buildings such as garages, sheds and accessory
dwelling units are examples of appropriate uses for the secondary mass.
A subordinate linking element for the purposes of secondary mass shall be defined as an
element not more than ten (10) feet in width and ten (10) feet in length with a plate height
of not more than nine (9) feet. Linked pavilions six (6) feet in width and ten (10) feet in
length shall be exempt from Subsection 26.575.020.A.8."
Section 2: Vested Rights
The development approvals granted pursuant to this Planning and Zoning Commission
Resolution shall be vested for a period of three (3) yeazs from the date of issuance of the
development order.
Section 3•
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, aze
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.
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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 20`n
dayofNovember, 2007.
APPROVED AS TO FORM:
ity Attorney
ATTEST:
kie Lothian, Dept ty City Clerk
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