HomeMy WebLinkAboutresolution.boa.002-11 RECEPTION #: 581173, 07/13/2011 at
11:14:02 AM,
1 R $16. c RES OLUTION
Resolution No. 002 Janice OF 2, K. Vos CaudillDo Code , Pitkin RE C ounty OL , C
(SERIES OF 2011)
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, CASE
NUMBER 002 -11 , DENYING THE REQUEST TO APPROVE TWO DRIVEWAY
ACCESS POINTS FOR 805 CEMETERY LANE, LOT 6 HORAN CONDOMINIUM , CITY
OF ASPEN
Parcel Identification Number 2735 60
WHEREAS, Mr. Alan Englander represented by Keith Howie of Poss Architecture and
Planning , P.C., submitted a request for variance, dated April 19, 2011 to the Board of Adjustment
as outlined in Section 21.16.070; and
WHEREAS, this matter came on for hearing before the Board of Adjustment on July 7,
2011 where full deliberations and consideration of the evidence and testimony was presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact:
1. A request for the variance was initiated by: Keith Howie, representative from Poss
and Associates Architecture and Planning, P.C., 605 E. Main Street, Aspen, Colorado on
behalf of the owner Alan Englander of 805 Cemetery Lane, Aspen, Colorado.
2. 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.
3. The grant of variance will NOT 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 NOT 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 NOT deprive the applicant of rights commonly enjoyed by other
parcels in the same zone district, and would NOT 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 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 Not Approved.
The Board of Adjustment does hereby deny the applicant the following variance from the
terms of Chapter 21 of the Aspen Municipal Code by a three to two(3 -2) vote:
Variance for two driveway access points for 805 Cemetery Lane.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen
on the th day of 011.
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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 Board of Adjustment of the City of
Aspen, Colorado, at a meeting held on the day hereinabove stated.
ackie Lothi , Deputy City Clerk
List of Exhibits
Exhibit A: Approved site plan variances.
APPROVED AS TO FORM
1
A s R. True, Special Counsel, City of Aspen
2