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Home My WebLink Aboutresolution.boa.001-10 CORRECTED RESOLUTION NO. 1, (SERIES OF 2010) OF ADJUSTMENTS A I A A E FOR SETBACK ENCROACHMENTS APPROVING VARIANCE R THE PROPERTY LOCATED AT 220 WEST COOPER AVE CITY OF ASPEN, PITKIN COUNTY, COLORADO. Corrected Parcel ID: 2735- 124 -68 -002 WHEREAS, the Community Development Department received an application from Milton D and Areta B McKenzie, represented by Christopher Coyle of Balcomb & Green PC, requesting approval of variances to allow an encroachment of 1.2 feet into the rear yard setback for stone siding, an encroachment of .8 feet into the front yard setback for stone siding, an encroachment of .1 feet into the front yard setback for a second floor balcony, and, an encroachment of 15.8 feet into the front yard setback for a hot tub; and, WHEREAS, pursuant to Section 26.314, the Board of Adjustments may approve a Variance, during a duly noticed public hearing after considering a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended denial of the requested variances; and, WHEREAS, during a duly noticed public hearing on September 2, 2010, the Board of Adjustments approved Resolution No. 1, Series of 2010, by a five to zero (5 — 0) vote, approving the Variances; and, WHEREAS, the Aspen Board of Adjustments has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Board of Adjustments finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Board of Adjustments finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENTS OF THE CITY OF ASPEN AS FOLLOWS: RECEPTION #: 575894, 12/15/2010 at 10:02:20 AM, Resolution No I, Series 2010 1 OF 3, R $21.00 Doc Code CORRECTION Page 1 of 2 Janice K. Vos Caudill, Pitkin County, CO • Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a variance to permit the following existing encroachments: an encroachment of 1.2 feet into the rear yard setback for stone siding, an encroachment of .8 feet into the front yard setback for stone siding, an encroachment of .1 feet into the front yard setback for a second floor balcony, and, an encroachment of 15.8 feet into the front yard setback for a hot tub. 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 Board of Adjustments, 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 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 resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or 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, adopted, passed and approved this 2nd day ' ,tember, 2010. "Gib Ric L ead, Chair ATTEST: e ckie Lothian, Deputy City Clerk APPROVED AS TO FORM: ames R True, Special Counsel Exhibit A: Existing Survey showing permitted conditions Resolution No 1, Series 2010 Page 2 of 2 r^ Tim lifk m id MI. 9y jail $ 5 30l A 1 " 536 9 / F h salt, 6La 5 ; 4. ' a a SECOND n 5 � 1i is 3K° i . ti..,,e TRf hail a "` R a r w S 11 Illgi gi 763E-E7 A R 5 M 9 " a k a 'gp yo �r � x� 20 -, lQ� RA il'i / A .. l r . 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Parcel ID: 2735- 024 - 030 -03 WHEREAS, the Community Development Department received an application from Milton D and Areta B McKenzie, represented by Christopher Coyle of Balcomb & Green PC, requesting approval of variances to allow an encroachment of 1.2 feet into the rear yard setback for stone siding, an encroachment of .8 feet into the front yard setback for stone siding, an encroachment of. I feet into the front yard setback for a second floor balcony, and, an encroachment of 15.8 feet into the front yard setback for a hot tub; and, WHEREAS, pursuant to Section 26.314, the Board of Adjustments may approve a Variance, during a duly noticed public hearing after considering a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended denial of the requested variances; and, WHEREAS, during a duly noticed public hearing on September 2, 2010, the Board of Adjustments approved Resolution No. 1, Series of 2010, by a five to zero (5 — 0) vote, approving the Variances; and, WHEREAS, the Aspen Board of Adjustments has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Board of Adjustments finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Board of Adjustments finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENTS OF THE CITY OF ASPEN AS FOLLOWS: RECEPTION #: 573602, 09/16/2010 at 03:05:22 PM, Resolution No 1, Series 2010 1 OF 3, R $21.00 Doc Code RESOLUTION Page I of Janice K. Vos Caudill, Pitkin County, CO Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a variance to permit the following existing encroachments: an encroachment of 1.2 feet into the rear yard setback for stone siding, an encroachment of .8 feet into the front yard setback for stone siding, an encroachment of .1 feet into the front yard setback for a second floor balcony, and, an encroachment of 15.8 feet into the front yard setback for a hot tub. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Board of Adjustments, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted, passed and approved this 2nd ATTEST: Jackie Lothian, Deputy City Clerk APPROVED AS TO FORM: �JamcsTrue, Special Counsel Exhibit A: Existing Survey showing permitted conditions Resolution No 1, Series 2010 Page 2 of 2 m u • u « - 2 O PH 1H mot aw I„u3$ PYS R wL ^R a S eE m a � A - AS S§ d fC0 g2 v o, R so o otl,5 B m ;gp _ — y DJ M o T 7 c a �N • ^rT 0 1•� 1 / g O A C ° 3 o `z N o a nt / N ,< 'Y '9 Z r r ? ? 3 �NZZ a � PI 0 O O�OOC r d `I44"�t`xry� .fir.�v41Y`' sp "as•w w I r m T`m� F MR �nr I O UI Ycu 90, 0 / pR flR 4; F/R T S eo m e m .� rR ffT �� aR� >g €6 °R O Q � , � COLETTE OFNIEIS NO 0n� uuun �TUw�ro crtvnrv°TOwNSVEOEnsaErv. m. 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