HomeMy WebLinkAboutresolution.boa.003-11 RECEPTION #: 581174, 07/13/2011 at
11:14:03 AM,
1 OF 2, R $16.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 3
(SERIES OF 2011)
RESOLUTION OF THE ASPEN BOARD OF ADJUSTMENT APPROVING A
RESIDENTIAL DESIGN STANDARD VARIANCE AT 805 CEMETERY LANE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel Nos. 273512260800, 273512260001, 273512260002
WHEREAS, the Community Development Department received an application from
Alan S. Englander Revocable Trust, requesting Variance approval of a Residential Design
Standard for the construction of a double stall garage door at the property located at 805
Cemetery Lane; and,
WHEREAS, the Community Development Department Staff reviewed the application
for compliance with the Variance Review Standards; and,
WHEREAS, upon review of the application, the applicable Land Use Code standards,
the Community Development Director recommended denial of the Variance request; and,
WHEREAS, the Aspen Board of Adjustment has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as identified herein,
has reviewed and considered the recommendation of the Community Development Director, and
has taken and considered public comment at a duly noticed public hearing on July 7, 2011; and
WHEREAS, the City of Aspen Board of Adjustment finds that the development proposal
does meet either applicable review criteria and that the approval of the request is consistent with the
goals and objectives of the Land Use Code; and,
WHEREAS, the Board of Adjustment approves the noted Variance request to construct a
double -stall garage door rather than two single -stall doors or a double stall door that looks like
single -stall doors; and
WHEREAS, the City of Aspen Board of Adjustment 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:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Board of Adjustment hereby approves a variance application from the following Residential
Design Standard as designed in building permit number 0106.2009.ARBU:
• L.U.C. Section 26.410.040 C.2.f, "If the garage doors are visible from a public street or
alley, then they shall be single -stall doors, or double -stall doors designed to appear like
single -stall doors."
Section 2:
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 3:
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.
Section 4:
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 Planning and Zoning 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 an authorized
entity.
APPROVED by the Board at its meeting on July 7, 2011.
APPROVED AS TO FORM: : OARD 1 i st NT:
-
im True, Special Co
ounsel ' k H hail
ATTEST:
J kie , eputy • ity Clerk