HomeMy WebLinkAboutresolution.boa.001-97 RESOLUTION NO.1
Series of 1997
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97 -1
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
926 East Durant, ASPEN,COLORADO.
WHEREAS, Silverstream, LLP has made application, dated
January 9, 1997 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 January 30, 1997 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: Silverstream, LLP on January 9, 197 r l foL pperty,,,
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with a street address of 926 East Duran, Aspen, S� 'b
Colorado and a legal description of: Lots P,Q,R & S
and strip 18'wide Block 118.
2. Notice of the proposed variance ance 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 on file with the City Clerk.
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SILV'IA DAVIS PITKIN COUNTY CLERK 8 RECORDER 16.00
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 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 buildings in the same zone district and
which do not result from the actions of the applicant;
to wit:
The property is hindered by the design of the existing
structure which allows for snow and ice to shed from
the roof onto the parking area
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:
A ten foot (10') rear yard setback variance for a distance of
one hundred one feet (101') and a five foot side yard setback
variance on the north eighteen feet (18') of the west side
yard to allow for a covered parking structure at 926 East
Durant, Aspen, Colorado.
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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 following conditions:
1. The parking structure shall have a flat roof.
2. The Covenants, Conditions and Regulations (CC &R's) for
the property shall stipulate that the carport structure
shall not be used as a deck or for storage purposes.
3. 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.
4. 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.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 30th 4y of) January, 1997
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. /
, a .
- �I / is
f eputy City Clerk
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