HomeMy WebLinkAboutresolution.boa.003-18 RESOLUTION NO. 3
(SERIES OF 2018)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT DENYING FOR
A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS
LOTS D AND E, BLOCK 41, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE
OF ASPEN,ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24, 1959 IN
DITCH BOOK 2A AT PAGE 252, COUNTY OF PITKIN, STATE OF COLORADO,
COMMONLY KNOWN AS 1015 WATERS AVENUE.
Parcel ID No: 2737-182-82-002
WHEREAS, the Community Development Department received an application for 1015
Waters Ave (the Application) from Evelyn F. Hemming Trust (Applicant), represented by
Gretchen Greenwood, Gretchen Greenwood Architects for the following land use review
approvals:
e Variance, pursuant to Land Use Code Chapter 26.314; and,
WHEREAS, the subject property is zoned Moderate Density Residential (R-15) and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect
on the day the application was deemed complete — June 11, 2018, as applicable to this Project;
and.
WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public
hearing on August 9, 2018; and,
WHEREAS, during a duly noticed public hearing on August 9, 2018, the Board of
Adjustment denied Resolution 3, Series of 2018, by a 4 to 1 (4-1) voting to deny a Dimensional
Variance Review, as identified herein.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE
CITY OF ASPEN,COLORADO THAT:
Section 1•
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Board of Adjustment hereby denies a front yard variance request to reduce the minimum
front yard setback from 25-11. to 16-ft.
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 Community Development Department and the Board of Adjustment Commission, are
hereby incorporated in such plan development approvals and the same shall be complied with as
if fully set forth herein, unless amended by other specific conditions or an authorized authority.
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RECEPTION#: 649587, R: $18.00, D: $0.00 Board of Adjustment
DOC CODE: RESOLUTION Resolution No. 3, Series 2018
Pg 1 of 2,08115/2018 at 01:44:55 PM Pa-e I of 2
Janice K.Vos Caudill, Pitkin County, CO
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.
FINALLY, denied this 9`h day of August, 2018.
Approved,as t form: Approved o cot tt:
Id -17
Andrea firyan,Assistant City Attorney Andrew Sandler, Chair
Yn
Manning, City Clerk
Board of Adjustment
Resolution No. 3, Series 2018
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