HomeMy WebLinkAboutresolution.boa.006-97 RESOLUTION NO. ®v
Series of 1997
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97 -06
RELATING TO PROPERTY IN THE CITY OF ASPEN LOCATED ON A VACANT LOT
AT THE INTERSECTION OF S. FIFTH STREET AND WEST HOPKINS STREET
WITH A METES AND BOUNDS LEGAL DESCRIPTION, ASPEN, COLORADO.
WHEREAS, Mr. Nicklaus Kuhn has made application, dated April
17, 1997 to the Board of Adjustment for a variance from the
use 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 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 building permit has been (or will be) issued for the
construction activity necessitating the application for
a variance.
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 in the City Clerks
Office.
3. A variance is the only reasonable method by which to
afford the applicant relief and to deny a variance
would cause the applicant unnecessary hardship or
practical difficulty.
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4. The temporary off -site storage or construction staging
can be undertaken in such a manner so as to minimize
disruption, if any, of normal neighborhood activities
surrounding the subject parcel.
5. The owner of the off -site parcel, subject to the
proposed variance, has provided written authorization
for the off -site relocation.
6. Adequate provision has been made to restore the subject
parcel to its original condition upon expiration of the
variance.
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:
Approval to temporarily relocate two historic structures to a
vacant lot located at the southern end of S. Fifth Street and W.
Hopkins Street, for a period not to exceed ninety (90) days.
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 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.
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INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 1st day of May, 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.
I Deputy City Clerk
form.doc
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