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HomeMy WebLinkAboutresolution.boa.018-93 365562 y. r I 738 80 RESOLUTION OF THE BOARD OF ADJUSTMENT CITY OF ASPEN, COLORADO GRANTING APPROVAL OF VARIANCE FOR THE BERGER APPLICATION RESOLUTION IN MATTER NO. 93 -18 WHEREAS, Applicant, Bruce Berger (the "Applicant "), as the owner of that certain property and improvements thereon legally described as 314 West Gillespie, Westerly Tract, C.F. Murphy Subdivision Exemption (the "Property ") has submitted an Application with the Board of Adjustment (the "Board ") for a variance, as more fully described below, to encroach two and one /tenths (2.1) feet into the west side yard setback on the Property. WHEREAS, Applicant has obtained a fully approved building permit (the "Building Permit ") for construction on the Property whereby Applicant shall make use of approximately two thousand eight hundred sixty seven (2867) square feet of allowable floor area ratio ( "FAR "). After the construction is completed, the Applicant will still have approximately five hundred and thirteen (513) square feet of allowable FAR available for the purpose of development of the Property. WHEREAS, it has been determined by the Board that the Property is currently restricted by a five (5) foot side yard setback pursuant to the City of Aspen Land Use Code, Section 5 -201 (D)5. Under the Building Permit, the Applicant desires to raise the roof of a portion of the pre- existing structure located on the Property (the "Work "). By virtue of the Work the roof will encroach approximately two and one - tenths (2.1) feet into the west side yard setback located on the Property. WHEREAS, the Property is not located within an Historic Overlay District but has been placed on the Inventory of Historic Sites pursuant to the Land Use Code of the City of Aspen (the "Land Use Code "). The Land Use Code currently provides that the Historic Preservation Committee ( "HPC ") shall have no jurisdiction over any development application concerning a structure listed on the Inventory of Historic Sites unless fifty percent (50%) or more of the structure is to be demolished. As a result of there being less than fifty percent (50 %) demolition of the presently existing structure on the Property, the Property is not subject to review by HPC. WHEREAS, the City of Aspen is considering an amendment to the Land Use Code whereby it is contemplated that the greater than fifty percent (50 %) demolition requirement may be reduced to a lower percentage. WHEREAS, the Board has found that there exists both a hardship and practical difficulties on the Property as is required by the Land Use Code and that the hardship and /or practical difficulties are not self - imposed by Applicant. NOW THEREFORE, BE IT RESOLVED that the Board does hereby grant approval of the application for a variance to encroach two and one/tenths (2.1) feet into the west side yard setback on the Property subject to the following conditions: I , t r 738 81 Applicant hereby agrees that, although approximately five hundred thirteen (513) square feet of allowable FAR is currently available to Applicant for purposes of further development, Applicant will restrict the Property and not exercise his right to engage in such further development unless approved by HPC (the "Restriction "). The Restriction shall not cover and include Applicant's right to develop the Property pursuant to the Building Permit. In the event the City of Aspen should pass a new law, ordinance or other regulation concerning development of a structure which is listed on the Inventory of Historic Sites (the "New Ordinance "), the Applicant shall no longer be subject to the restriction and shall be subject only to the New Ordinance. In the event the City of' Aspen offers a new law, ordinance or regulation for passage which ordinance is defeated or in the event the City of Aspen does not offer such new law, ordinance or regulation within one (1) year of the date on which this variance is approved, the Applicant shall not be subject to the Restriction but shall be subject only to the requirements set forth in the Land Use Code as then existing. ATTEST: BOARD OF ADJUSTMENT CITY OF ASPEN, COLORADO IAA a 1 City Cler/ .! By Chairman e Date 77/90 APPROVED AS TO FORM: / . is John orcester, City Attorney STATE OF COLORADO ) ) ss COUNTY OF PITKIN The foregoing Resolution of the Board of Adjustment, Cit of As en, Colorado was acknowledged before me this 7 day of ,„,4'f�' , 199 by ) .ti as hairman of the Board of Adjustm .. U WITNESS my hand and official seal. J , My commission expires: My Commission expires 9/27/96 J 9 1 , 1411W). nay otary Publi 2