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Home My WebLink Aboutresolution.boa.001-11 Resolution No. 1 (SERIES OF 2011) A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, GRANTING A FRONT -YARD SETBACK VARIANCE FOR 592 McSKLMMING ROAD, BLOCK 3, LOT 4, ASPEN GROVE SUBDIVISION, ASPEN, COLORADO Parcel ID: 2737- 181 -02 -003 WHEREAS, Joel and Margaret Shannon, 3642 Underwood XX, Houston, TX 77025, represented by Stan Mathis, submitted a request for variance, dated May 2, 2011 to the Board 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 June 16th, 2011 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 standards and that the approval 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 5 - 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 fmdings of fact: 1. 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. 2. The grant of variance is generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and Chapter 26 of the Aspen Municipal Code. 3. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, 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 parcels in the same zone district, and would cause the applicant unnecessary hardship or RECEPTION #: 580675, 06/22/2011 at Resolution No. 1, Series 2011 09:28:25 AM, Page 1 of 3 1 OF 6, R $36.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO 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and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances.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 separate, 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 16 day of June, 2011. APPROVED AS TO FORM: :O • t .: i i I i i� 0 orcester, City Attorney Rick.(fiead, I i: it ATTEST: eaf_, Jackie Lothian, Deputy City erk List of Exhibits Exhibit A: Site plan depicting improvements and revised front -yard setback. Exhibit B: Elevations of stacked boulder retaining wall Resolution No. 1, Series 2011 Page 3 of 3 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 parcel, building or structure, which are not applicable to other parcels, 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: A front -yard setback reflecting the driveway expansion and stacked boulder retaining wall as displayed in Exhibit A of this Resolution. This variance shall only be applied to those improvements referenced in Exhibits A and B. No other development shall be permitted in the amended front -yard other than those permitted setback projections defined within Land Use Code Sub - section 26.575.020.E.5, Allowed Projections into Setbacks. 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 are not inconsistent with this approval. Section 6: The establishment of a vested property right shall not preclude the application of ordinances or regulations which are 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 regard, 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 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. 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