HomeMy WebLinkAboutresolution.boa.001-09RECEPTION#: 562175, 08/21/2009 at
03:48:44 PM,
Resolution No. 1 ~ of a, R $21.00 Doc Code RESOLUTION
(SERIES OF 2009) Janice K. Vos Caudill, Pitkin County, CO
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN,
GRANTING A SIDE AND FRONT YARD SETBACK AND RESIDENTIAL DESIGN
STANDARD VARIANCES FOR 2 AJAX AVENUE, LOT A, SMUGGLER RUN MOBILE
HOME PARK SUBDIVISION, CITY OF ASPEN TOWNSITE
Parcel Identification Number 2737-074-09-701
WHEREAS, Amy Guthrie of 2 Ajax Avenue, submitted a request for variance, dated July
2, 2009 to the Boazd of Adjustment as outlined in Section 26.314.040; and
WHEREAS, the Board of Adjustment reviewed the application upon recommendation
from the Community Development Department on August 6th, 2009 during a noticed public
hearing; and,
WHEREAS, the City of Aspen Board of Adjustment finds that the development proposal
meets or exceeds all applicable development standazds and that the approval and recommendation
of approval of the land use requests is consistent with the goals and objectives of the Aspen Area
Community Plan; and
WHEREAS, The City of Aspen Board of Adjustment voted in favor of the application by
a vote of 4 - 0 by those present .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN BOARD OF
ADJUSTMENT AS FOLLOWS:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact:
1. A request For the vaziance granted was initiated by: Amy Guthrie of 2 Ajax Avenue,
Aspen, Colorado.
2. Notice of the proposed variance has been provided to sun•ounding 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.
3. The grant of vaziance 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 parcel, building or structure.
Resolution No. ~, Series 2009
Page I of 3
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 hardship 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 are unique to the
pazcel, 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 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 4 to 0 vote:
A 4'3" north side yard setback variance, a front yard setback vaziance of nothing
less than 1', and Residential Design Standard Variances for an entry porch of 32 sq.
ft. and building orientation that includes a front facade not parallel to the tangent of
the midpoint of the arc of the street for the construction of a new manufactured
home.
Section 3:
The approval granted hereby shall be subject to all rights of judicial review; the period of time
permitted by law for the exercise of such rights shall not begin to run until the date of publication of
final development approval as required under Section 26.304.070(A) of this Chapter.
Section 4:
Zoning that is not part of the approved site specific development plan shall not result in the creation
of a vested property right.
Section 5:
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals aze not inconsistent with this approval.
Section 6:
The establishment of a vested property right shall not preclude the application of ordinances or
regulations which aze general in nature and are applicable to all property subject to land use
regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regazd, as a condition of this development approval, the applicant shall
abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an
exemption therefrom is granted in writing by the city.
Section 7:
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
Resolution No. 1, Series 2009
Page 2 of 3
the Board of Adjustment, are 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 8:
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 9:
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
sepazate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED BY the City of Aspen Board of Adjustment on this 6's day of August, 2009.
APPROVED AS TO FORM:
Jim True, Special Counsel
ATTEST:
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 Boazd of Adjustment of the City of Aspen,
Colorado, at a m eting held on the day hereinabove stated.
~i
J ckie Lothian, eputy City Clerk
List of Exhibits
Exhibit A: Approved site plan dimensional variances.
Resolution No. 1, Series 2009
Page 3 of 3
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