HomeMy WebLinkAboutresolution.boa.001-08Resolution No. 001
(SERIES OF 2008)
A RESOLUTION OF THE BOARD OF ADNSTMENT OF THE CITY OF ASPEN, CASE
NUMBER 08-001, GRANTING A REAR YARD SETBACK AND SETBACK BETWEEN
BUILDINGS VARIANCE FOR 322 W. SMUGGLER DRIVE, LOT M, N AND O, BLOCK
40, CITY AND TOWNSITE OF ASPEN AND LOTS 10,11, AND 12, BLOCK 40,
HALLAM'S ADDITION, CITY OF ASPEN
Parcel Identification Number 2735-124-15-002
WHEREAS, Michael Hoffinan of 106 South Mill Street, Suite 202, Aspen, on behalf of
Stan Johnson of Two Warren Place, 6120 S. Yale Avenue, Suite 813, Tulsa, Oklahoma, submitted
a request for variance, dated March 10, 2008 to the Board of Adjustment as outlined in Section
26.314.040; and
WHEREAS, this matter came on for hearing before the Board of Adjustment on April 17,
2008 where full deliberations and consideration of the evidence and testimony was presented.
There were only four members in attendance at the meeting. The applicant opted to have the
meeting continued until May ls`, 2008. There were not enough members available to attend the
hearing until May 8`h, 2008. The final consideration of this matter was decided on May 8`h, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact
1. A request for the variance granted was initiated by: Michael Hoffman,
representative from Garfield and Hecht, P.C., 106 South Mill Street, Suite 202, Aspen,
Colorado on behalf of the owner Stan L. Johnson of Two Warren Place, 6120 S. Yale
Avenue, Suite 813, Aspen, Colorado.
2. Notice of the proposed variance has been provided to surrounding property owners in
accordance with Section 26-304-060(E)(3) of the Aspen Municipal Code. Evidence of
such notice is on file with the City Clerk.
RECEPTION#: 549387, 05/21/2008 at
01:17:24 PM,
~ of a, R $21.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
3. The grant of variance will be generally consistent with the purposes, goals,
objectives, and policies of the Aspen Area Community Plan and Chapter 26 of the Aspen
Municipal Code.
4. The grant of variance is the minimum variance that will make possible the
reasonable use of the pazcel, building or structure.
5. The literal interpretation and enforcement of the terms of Chapter 26 of the Aspen
Municipal Code would deprive the applicant of rights commonly enjoyed by other pazcels
in the same zone district, and would cause the applicant unnecessary hazdship or practical
difficulty. In determining that the applicant's rights would be deprived absent a variance,
the Board considered certain special conditions and circumstances which aze unique to the
parcel, building or structure, which are not applicable to other pazcels, structures or
buildings in the same zone district and which do not result from the actions of the
applicant.
Section 3. Conditions to approval.
The following conditions apply to the approval of this application for a variance:
1. The minimum setbacks between the detached residential dwellings shall not be
less than six (6) feet, as shown on site plan;
2. The minimum rear setback should not be less than five (5) feet, as shown on site
plan;
3. The approved building permit application should resemble the plan shown in the
variance application;
4. Only the trees designated for removal from the Parks and Recreation Department
may be removed.
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the following variance from the
terms of Chapter 26 of the Aspen Municipal Code by a ~to Q(~ vote:
A five (5) foot rear yard setback variance and a six (6) foot side yard setback between
buildings for the construction of two detached residential dwellings in conformance
with the attached site plan.
APPROVED AS TO FORM
~ -
m True, Assistant City Attorney
2
INTRODUCED, READ AND ADOPTED by the Boazd of Adjustment of the City of Aspen
on the 8th day of Ma 2008.
c ead, Chairperson
I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the Board of Adjustment of the City of
Aspen, Colorado, .~aft a~m~eeting held on the day hereinabove stated.
L7Pw""'~
ekie Lothian, Deputy City Clerk
List of Exhibits
Exhibit A: Approved site plan variances.
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