HomeMy WebLinkAboutresolution.boa.007-97 •
RESOLUTION NO.
Series of 199
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97 -7
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
991 UTE AVENUE, ASPEN,COLORADO AND A LEGAL DESCRIPTION OF LOT 1,
UTE ADDITION TO THE CITY AND TOWNSITE OF ASPEN, EXCEPT THE WEST 13
FEET THEREOF,
WHEREAS, Mr.and Mrs. Tom Crum have made application, dated
June 10, 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 September 18, 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 Crum on June 10, 1997 for property
with a street address of 991 Ute 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.
1111111 11111 111111 11111 111111 1111 111111 11111111 1111 1111
410286 11/05/1997 10:39A RESOLUTI DAVIS SILVI
1 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO
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 constrained by the irregregular shape
and the non - conforming narrow lot width.
,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 foot 6 inch east side yard setback variance, to allow for
construction of a 235 square foot second story addition and an
exterior stairway at 991 Ute Avenue.
1111111 11111 111111 11111 1111 111111 111 HI MB
410286 11/05/1997 10:39A RESOLUTI DAVIS SILVI
2 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO
a
1111111 11111 11111111111 111111 1111 111111111 11111 11111111
410286 11/0S/1997 10:39A RESOLUTI DAVIS SILVI
3 of 3 R 18.00 D 0.00 N 0.00 PITKIN COUNTY CO
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 l88thh da September, 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.
, Deputy C ty Clerk
' „ x t , t , 1
r , ,, . s r