HomeMy WebLinkAboutresolution.boa.002-95 387516 8 -800 P -104 11/20/95 08:4OA PG 1 OF S
SILVIR DAVIS PITKIN COUNTY CLERK R RECORDER 16.00 DOC NI
RESOLUTION NO.2
Series of 1995
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 95 -11
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
119 East Cooper Avenue, ASPEN,COLORADO.
WHEREAS, Winfield Arms Condominium Association through
counsel, Douglas Allen, has made application, dated
September 8, 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: Winfield Arms Condominium Association through
counsel, Law Offices of Douglas Allen
on: September 8, 1995 for property
with a street address of: 119 East Cooper Avenue
and
legal description of: Block 70, Lots D, E, F and G
Original Aspen Townsite, 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 Municipal 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 Cade
would deprive the applicant of rights commonly enjoyed
by other parcels in the same zone district, and would
cause tt,c applicant unnecessary hardship or practical
difficulty_ In determining that the applicantts rights
would be deprived absent a variance, the Board
considered certain special conditions and circum-
stances which are unique to the parcel, building or
structure, which are not applicable to other parcels,
structures or buils?fngs in the same zone district and
which do not result from the actions of the applicant;
to wit:
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variace from the terms of Chapter 24 of the Aspen
Municipal Code:
A FAR variance of In square feet to build a bikeshed.
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Section 3. Conditions Upon Which variance is Granted.
The variance granted by Section 2, above, is specifically
conditioned upon. and subject to the fallowing conditions:
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1. Unless vested as part of a development plan pursuant to
Section 24 -6 -207 of the Aspen Municipal Code, the
variance granted herein shall automatically expire after
twelve (12) months from the date of approval unless
development has been commenced 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 Pitkin County a copy of this
resolution.
3. Condition that shed be used ONLY for bicycle storage.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 7.--- day of n) , 1995.
Chairperson
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.
•
ShOM on - m . 6 ah ruIL0
Deputy City Clerk
bdofadj.res
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