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HomeMy WebLinkAboutresolution.boa.003-95 387517 P -800 P-107 11/20/95 08:418 F'6 1 OF 3 REC DOC NC SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 16.00 RESOLUTION NO.3 Series of 1995 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 95 -13 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 124 E. Cooper Avenue, ASPEN,COLORADO. WHEREAS, Larry Ledinqham /Norma Dolle have made application, dated September 19, 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: Larry Ledinqham /Norma Dolle on: September 19, 1995 for property with a street address of: 124 E. Cooper Avenue and legal description of: Block 69, Easterly 1/2 Blk P and all of Blk 0, 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" 387517 8 -800 P -108 11/20/95 08:41fl PG 2 OF 3 (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 tha 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 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 circum- stances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or build=s in the same zone district and which do not result from the actions of the applicant; to wit: Section 2. Variance Denied. The Board of Adjustment does hereby deny the applicant the following variace frt the terms of Chapter 24 of the Aspen Municipal Code: Side yard setback variance of 3 feet, inches to expand a secnn story. t�? G i�;ClJ�r,° acy Section 1.. Reasons Upon Which Variance was not granted. The variance granted by Section 2, above, is specifically conditioned upon and subject to the following conditions: 2 387517 8-800 P -109 11/20/95 08:41A P6 3 OF 3 1. Board felt that further expansion could be done within the code and thus, no hardship. 2_ Board failed to find a practical difficulty. INTROOUts11, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the � day of AAA A) ' , 1955. ✓/ ' CeeleSti t Chairperson Z, 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 Asps, Colorado, at a meeting held on the day heretnabove stated. b- •a Y l Ci _ U Deputy City Clerk hdofadj.res 3