HomeMy WebLinkAboutresolution.boa.005-97 RESOLUTION NO.
Series of 1997
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97 -05
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
702 WEST MAIN STREET, ASPEN,COLORADO.
WHEREAS, Mr. Mark Pearson has made application, dated April
17, 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
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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 Mr. Mark Pearson on April 17, 1997 for property
with a street address of 702 West Main Street and a
legal description of the east 10 feet of Lot R and all
of Lot S Block 18, City of Aspen.
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 located at the City Clerks
Office.
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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. Specifically the applicants
request is consistent with the Residential Design
Standard requiring covered front porches of a minimum
of fifty square feet.
4. The grant of the variance is the minimum variance that
will make possible the reasonable use of the parcel,
building or structure. Specifically, the applicant's
request appears to be the minimum variance possible so
that the front porch will align with the existing non-
conforming structure. The addition will expand but not
make worse the existing non - conformity.
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.
Specifically, the parcel and the structure are unique
in that they are both non - conforming. Any additions or
alterations on the property are severely limited by the
narrow width of the parcel, combined with the non-
conforming location of the existing structure.
Therefore, granting the side yard setback variance will
not confer any special privileges upon the applicant.
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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 4.25 foot east sideyard setback to allow for construction
of a covered front porch.
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 the 1st day of May, 1
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Chairperson
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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.
Deputy City Clerk
form.doc
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