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resolution.boa.004-18
RECEPTION#: 652891, R: $28.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 12/26/2018 at 10:35:30 AM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 4 (SERIES OF 2018) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS NORTHERLY 70 FEET OF LOTS A,B AND C, EXCEPT THE EASTERLY 39" OF LOT C; BLOCK 36; CITY AND TOWNSITE OF ASPEN, COMMONLY KNOWN AS 431/433 WEST HALLAM STREET. Parcel ID No:273-512-433-001 p� N WHEREAS, the Community Development Department received an application for 431 W. Hallam St. (the Application) from Connery Family Trust (Applicant), represented by Chris .-Z) Bendon, Bendon Adams for the following land use review approvals: • Variance,pursuant to Land Use Code Chapter 26.314; and, WHEREAS,the subject property is zoned Medium Density Residential (R-6) 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—August 23, 2018, as applicable to this Project; L and, WHEREAS, at a duly noticed public hearing on October 25, 2018, the Board of r Adjustment voted to continue review of the Application for a future hearing on December 13, 2018; and, t O WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on December 13, 2018; and, 4 WHEREAS, during a duly noticed public hearing on December 13, 2018, the Board of --r-- Adjustment approved Resolution 4, Series of 2018, by a 4 to 1 (4-1) vote, granting approval for a Dimensional Variance Review, as identified herein. N NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE ` 0 CITY OF ASPEN,COLORADO THAT: S Section 1 N Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal P Code,the Board of Adjustment hereby grants a front yard variance request to reduce the minimum front yard setback from 10-ft. to 5-ft for the site-specific design presented at the hearing. Section 2• oAll 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. RECEPTION#: 652814, R: $23.00, D: $0.00 Board of Adjustment DOC CODE: RESOLUTION Resolution No.4, Series 2018 Pg 1 of 3, 12/20/2018 at 02:38:04 PM Pagel of 3 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,approved this 13''day of December, 2018. Appro d a o orm: Approved as to content: ndr n,Assistant City Attorney Andrew Sandler,Chair yAtfttesManning,City Cler Attachments: Exhibit A: Approved site plan Board of Adjustment Resolution No.4,Series 2018 Page 2 of 3 Exhibit A: Approved site plan 5.2-ft. setback / 1 / n, I. F KEY / trees removed trace Meserv�d S'FRONT SETBACK PLAN Board of Adjustment Resolution No.4, Series 2018 Page 3 of 3 Exhibit A: Approved site plang� •X .�. 5.2-ft. setback .i / , KEY I weM� ©trees removed / E ©trees Preserved \ r S'FRONT SETBACK PLAN Board of Adjustment Resolution No.4, Series 2018 Page 3 of 3