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HomeMy WebLinkAboutresolution.boa.004-11 Resolution No._004 (SERIES OF 2011) A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, CASE NUMBER 004 -11 . REQUEST TO APPROVE TWO DRIVEWAY ACCESS POINTS FOR 1102 WATERS AVENUE, LOT 2 OF THE LOT SPLIT EXMPTION PLAT OF LOT 14 OF CALDERWOOD SUBDIVISION , CITY OF ASPEN Parcel Identification Number 2735-122 -60 -800 WHEREAS, Mr. Scott Geary, Ms. Bonnie Geary Grenney and Ms. Susan Geary Griffin represented by Doug Ranger of Doug Ranger Architect, submitted a request for variance, dated August 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 September 15, 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: Doug Ranger, representative from Doug Ranger Architect, Aspen, Colorado on behalf of the owners Mr. Scott Geary, Ms. Bonnie o Geary Grenney and Ms. Susan Geary Griffin of 1104 Waters Avenue, Aspen, Colorado. P c) • J . 2. Notice of the proposed variance has been provided to surrounding property owners in ✓ O accordance with Section 26- 304- 060(E)(3) of the Aspen Municipal Code. Evidence of $ u o such notice is on file with the City Clerk. - Y v a 3. The grant of variance will be generally consistent with the purposes, goals, • v - objectives, and policies of the Aspen Area Community Plan and Chapter 26 of the Aspen a oD ✓ o o Municipal Code. to o co o Z .2 4. The grant of variance is the minimum variance that will make possible the O ct reasonable use of the parcel, building or structure. a T; w 0.1 1' u R 5. The literal interpretation and enforcement of the terms of Chapter 26 of the Aspen z r 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 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. Conditions to approval. The following conditions apply to the approval of this application for a variance: 1. The driveways must be constructed of pervious material as outlined in the Urban Runoff Management Plan 2. Lot 1 of the historic lot split will not be permitted a driveway access point. Section 3. Variance Not Approved. The Board of Adjustment does hereby grant the applicant following variance from the terms of Chapter 21 of the Aspen Municipal Code by a four to zero (1-0) vote: Variance for two driveway access points for 1102 Waters Avenue. INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 15 th day of September 2011. + C � � - 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 Lothian, Deputy City Clerk List of Exhibits Exhibit A: Approved site plan variances. APPROVED AS TO FORM -ames R. True, Special Counsel, City of Aspen 2