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Home My WebLink Aboutresolution.boa.003-97 1 111111 11111 111111 11111 11111 11111 111111 111 11111 1111 1111 407981 09/03/1997 10:31A RESOLUTI DAVIS SILVI 1 of 4 R 21.00 D 0.00 N 0.00 PITKINCO COLORADO RESOLUTION NO3 Series of 1997 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97 -3 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 935 GIBSON AVENUE, ASPEN,COLORADO. WHEREAS, Mr. and Mrs. Tom Lewis have made application, dated January 27, 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 April 3, 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: Mr. and Mrs. Tom Lewis on January 27, 1997 for property with a street address of 935 Gibson Avenue, 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 on file with the City Clerk. 1 111111 11111 111111 11111 11111 11111 111111 111 11111 1111 1111 407981 09/03/1997 10:31A RESOLUTI DAVIS SILVI 2 of 4 R 21.00 D 0.00 N 0.00 PITKINCO COLORADO 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 bisected by the sixty foot Gibson Avenue right of way, which creates a very confining building envelope. 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: An eighteen foot (18') front yard setback variance at 935 Gibson Avenue, to allow for construction of a two car garage with loft addition. 2 1111111 11111 11111111111 11111 11111 111111I I I HMI 1111 1111 407981 09/03/1997 10:31A RESOLUTI DAVIS SILVI 3 of 4 R 21.00 D 0.00 N 0.00 PITKINCO COLORADO 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 existing duplex will be converted to and maintained as a single family residence. This will be accomplished by removal of the second kitchen in the residence. The building permit for construction of the garage will include a demolition permit to remove the second kitchen. A certificate of occupancy will not be issued for the garage until the kitchen demolition has been completed and inspected. 2. Any future development on the property will comply with current standards for single family residences under codes existing at the time of the development application. 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. a 1 111111 11111 111111 11111 11111 11111 111111 111 11111 1111 1111 407981 09/03/1997 10:31A RESOLUTI DAVIS SILVI 4 of 4 R 21.00 D 0.00 N 0.00 PITKINCO COLORADO APPROVED AS TO FORM -n 1 City Attorney INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on 3rd P of April, 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. , t tkz t' thia-) D : ty City Cle t a i .: