HomeMy WebLinkAboutresolution.boa.009-97 RESOLUTION NO. 09
Series of 1997
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97 -09
RELATING TO PROPERTY IN THE CITY OF ASPEN LOCATED ON A VACANT LOT
AT 941 EAST COOPER AVENUE, ASPEN, COLORADO, WITH A LEGAL
DESCRIPTION OF EAST COOPER COURT CONDOMINIUMS, RESIDENTIAL SITE B,
PARCEL 1.
WHEREAS, Dave Rybak as representative for Mr. Arthur Bellis
has made application, dated August 8, 1997 to the Board of
Adjustment for a variance from the use requirements of Chapter 24
of the Aspen Municipal Code to allow for temporary off -site
storage of a historic structure; 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.
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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.
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 will be 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 an historic structure to a vacant
lot located at 941 East Cooper Avenue, 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 structure will be fenced for safety purposes while
stored at the off -site location.
2. 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 21st day of August, 1997.
W jerrc_ _
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.
14.4.4
Deputy City Clerk
Approved for content:
Slat
Assistant City Att rney
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