HomeMy WebLinkAboutresolution.boa.001-95 387515 B -800 P -101 11/20/95 O8:39A PG 1 OF 3 REC DOC Nl
SILVIA DAVIS PITI;IN COUNTY CLERK & RECORDER 16.00
RESOLUTION NO.1
Series of 1995
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 95 -12
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
1405 Crystal Lake Rd., ASPEN,COLORADO.
WHEREAS, Warner Bros. Records, Inc. and Warner Bros. by
their attorney, Herbert S. Klein, has made application, dated
September 13, 1995 to the Board of Adjustment for a variance
from the dimensional requirements of Chapter 24 of the
Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the
Board of Adjustment on this date and after full deliberations
and consideration of the evidence and testimony 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 development application for a variance was initiated
by: Warner Bros. Records, Inc. and Warner Bros.
by their attorney, Herbert S. Klein,
on: September 13, 1995 for property
with a street address ofl 1405 Crystal Lake Road
and
legal description of: Lots 5 and 6, Callahan
Subdivision, Aspen, Colorado
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with
Section 24- 6- 205(E)(4)b) of the Aspen Municipal Code.
Evidence of such notice is appended hereto as
Exhibit "A" (posting of notice) and Exhibit "B"
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(mailing of notice }.
3. The grant of variance will be generally consistent with
the purposes, goals, objectives, and policies of the
Aspen Area Comprehensive Plan and Chapter 24 of the
Aspen firrmicipal Code.
4.. 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 24 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 tmnecessar; hardship or practical
difficulty. In determining that the applicant's rights
would be deprived absent a variance, the Board
considered certain special conditions and circa a-
stances 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 fron the actions of the applicant;
to wit:
6. Hoard supported planning department efforts in a
pending lot line adjustment action.
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
fallowing variace fron the terra of Chapter 24 of the Aspen
Municipal Code:
A 5 foot rear yard setback variance on Lot 5, Callahan
Subdivision. . __ /may
Section 3_ Conditions Upon Which Variance is Granted_
The variance granted by Section 2, above, is specifically
conditioned upon and subject to the following conditions:
1. Unless vested as part of a development plan pursuant to
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Section 24 -6 -207 of the Aspen Mani cipal Cade, the
variance granted herein shall automatically expire after
twelve (121 months from the date of appzuval unless
development has beem cn m anred as evidenced by the
issuance of a building permit, or an extension granted
by the Board in which case the variance shall expire at
the end of the extension.
2. Applicant shall, prior to filing an application for a
building permit, cause to be recorded with the Clerk
and Recorder's Office of Bitkin County a copy of this
resolution.
3_ Condition upon approval of lot line adjustment action.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 7 day of Act , 1995.
Chairperson
1, the nneiersigned 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.
.hnHm .0nkol
Deputy City Clerk
bdofadj.res
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