HomeMy WebLinkAboutresolution.boa.002-97 RESOLUTION NO.2
Series of 1997
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97 -2
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
1125 Ute Avenue Hoag�Subdivision Lot #3 ASPEN,COLORADO.
WHEREAS, Highlands Investment, Ltd (c /o James Valerio),has
made application, dated January 16, 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 February 13, 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: Highlands Investment,LTD on January 16, 1997 for
property with a street address of 1125 Ute Avenue, Aspen,
Colorado and a legal description of Hoag Subdivision Lot #3.
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 on file with the City Clerk.
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 circumstances
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 significantly impacted by the steepness of
the site and the large area of the lot that is covered by an
Avalanche Path Zone. The variance is required in order to
allow development to occur on the least hazardous area of the
lot.
Bection_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 seventy foot (70') front yard setback at 1125 Ute Avenue,
Hoag Subdivision Lot #3.
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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. 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.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on th •.-Y P -• - ft , 1997
CL
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.
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'-puty City Clerk
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