HomeMy WebLinkAboutresolution.boa.005-95 RESOLUTION NO. 5
(Series of 1995)
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 95 -15 RELATING
TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 500 WEST
BLEEKER, ASPEN, COLORADO
WHEREAS, Ben and Casey Hall have made application, dated
November 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 consid-
eration 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 Casey and Ben Hall, on November 8, 1995, for proper-
ty with a street address of 500 West Sleeker, Aspen,
Colorado 81611 and legal description of Block 29, Lots
R and S, 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. Evi-
dence of such notice is on file with the City Clerk of
Aspen.
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, build-
ing 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 cer-
tain special conditions and circumstances which are
unique to the parcel, building or structure, which are
not applicable to other parcels, structures or build-
ings in the same zone district and which do not result
from the actions of the applicant, to wit:
The historic designation of the house: specifically,
years ago the historic house was raised, therefore, the
need for a higher fence exists because the house is
higher than the neighboring new house, which creates a
privacy problem from window to window.
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 24 of the Aspen
Municipal Code:
Variance from height maximum of 6 feet above natural grade
(Sec. 3 -101 Fence) of the Aspen Land Use Code (as condi-
tioned below).
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
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
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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. The south end of the new fence cannot be any closer to
West Sleeker Street than the front wall of the house.
4. A blue spruce tree will be planted at the junction
between the existing wrought iron fence and the new
wooden fence on the south end, and that the tree be at
least six feet in height.
5. The maximum height of the fence is seven feet where
necessary (at the windows) and the remaining portion of
the fence shall be five feet or less (where there are
no windows facing each other).
RESOLVED, APPROVED AND ADOPTED this 6-14; day of
J RPM R'/ , 1996, by the Board of Adjustment of the
City of Aspen, Colorado.
2034
Chairperson
I, the undersigned duly appointed and acting 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.
o- Q,21.C__ rn . AarcAA A!o I - u- -9 Co
Deputy City Clerk
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