HomeMy WebLinkAboutresolution.drac.001-99DRAC Resolution No. ~-99
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RESOLUTION OF THE DESIGN REVIEW APPEAL COMMITTEE
APPROVING VARIANCES FROM SECTION 26.58.040(F)(12), VOLUME, OF
THE ASPEN MUNICIPAL CODE FOR A PROPOSED REMODEL OF UNITS 2,
3, 4, 5, 7, 9,10,11, AND 12 OF THE RIVER BLUFF TOWNHOUSE
CONDOMINIUMS WITH SUBSEQUENT APPROVAL OF THE SAME FOR
UNITS 1, 6, AND 8 OF THE RIVER BLUFF TOWNHOUSE CONDOMINIUMS,
155 LONE PINE ROAD (LOT 2, LONE PINE SUBDIVISION), ASPEN,
COLORADO
Resolution No. ~, Series of 1999
WHEREAS, the applicants, Roger Carl Schultz (Unit 2), Roberta Allen (Unit 3),
Frances Ginsburg (Unit 4), Jerome Ginsberg (Unit 5), Joseph Starn (Unit 7), John F.
Guiltinan (Unit 9), Mark Richmond and Sam Shamie (Unit 10), Glenn A. Daly (Unit 11),
and Alexander G. Kaspaz (Unit 12), all of whom were represented by Yong Cho,
architect, of Studio Completiva, Inc., have requested approval of a proposed design for a
remodel of their respective units in the River Bluff Townhouse Condominiums, formerly
known as the Lone Pine Condominiums, located at 155 Lone Pine Road; and
WHEREAS, pursuant to Section 26.58.020(B) of the Aspen Municipal Code,
Community Development Department staff reviewed the applicants' application for
compliance with the Residential Design Standards of Section 26.58.040 of the Aspen
Municipal Code and found the submitted development application to be inconsistent with
Standard 26.58.040(F)(12), Volume, of the Aspen Municipal Code; and
WHEREAS, Section 26.58.020(B)(1) of the Aspen Municipal Code provides
that if an application is found by staff to be inconsistent with any item of the Residential
Design Guidelines, the applicant may either amend the application or appeal staff's
findings to the Design Review Appeal Board pursuant to Chapter 26.22, Design Review
Appeal Boazd; and
WHEREAS, pursuant to Section 26.58.020(B)(1) of the Aspen Municipal Code,
the applicants submitted a request for a vaziance from Standazd 26.58.040(F)(12) of the
Aspen Municipal Code to the Design Review Appeal Boazd; and
WHEREAS all applications for appeal from the Residential Design Standards of
Section 26.58.040 must meet one of the following statements in order for the Design
Review Appeal Committee or other decision making administrative body to grant an
exception, namely the proposal must:
a) yield greater compliance with the goals of the Aspen Area Community Plan;
b) more effectively address the issue or problem a given standazd or provision
responds to; or
c) be cleazly necessary for reasons of fairness related to unusual site specific
constraints, and
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DRAC Resolution No. ~-99
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WHEREAS, a public hearing, which was legally noticed, was held at a regular
meeting of the Design Review Appeal Board on January 7, 1999, at which the Boazd
considered the applicants' proposal and associated variance requests; and
WHEREAS, a Design Review Appeal Board motion to approve a variance from
the Volume standazd of Section 26.58.040(F)(12) of the Aspen Municipal Code as it
would apply to a proposed remodel of Units 2, 3, 4, 5, 7, 9, 10, 11, and 12 of the River
Bluff Townhouse Condominiums was passed by a vote of four (4) to one (1); and
WHEREAS, a Design Review Appeal Boazd motion stating that Units 1, 6, and 8
of the River Bluff Townhouse Condominiums shall be entitled to the same variance, via
administrative approval by the Community Development Director, provided the proposed
design is exactly the same as that approved for the other units was approved by a vote of
five (5) to zero (0).
NOW, THEREFORE, BE IT RESOLVED:
Section One:
That the proposed remodel of River Bluff Townhouse Condominiums Units 2, 3, 4, 5, 7,
9, 10, 11, and 12, Aspen, Colorado, is granted a variance from Section 26.58.040(F)(12),
Volume, of the Residential Design Standazds based on a finding that the proposed design
more effectively addresses the issue or problem the given standard or provision responds
to.
Section Two:
That Units 1, 6, and 8 of the River Bluff Townhouse Condominiums shall be entitled to
the same variance, via administrative approval by the Community Development Director,
as was granted for the other units, provided the remodel design for Units 1, 6, and 8 is
exactly the same as that approved for Units 2, 3, 4, 5, 7, 9, 10, 11, and 12.
APPROVED BY THE COMMITTEE at its regular meeting on the 7th day of
January, 1999.
APPROVED AS TO FORM:
Assistant City Attorney,
David Hoefer
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DRAC Resolution No. ~~-99
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DESIGN REVIEW APPEAL COMMITTEE
ATTEST:
~/
eputy City Cle k,
ackie Lothian
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