HomeMy WebLinkAboutresolution.boa.010-97 RESOLUTION NO.1 0
Series of 1997
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97 -10
RELATING TO PROPERTY IN THE CITY OF ASPEN LOCATED AT 930 KING
STREET, ASPEN, COLORADO.
WHEREAS, NPJ Partners, LLC has made application, dated
October 7, 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.
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 for the temporary off -site storage of rock and dirt on at
the property located at 930 Ring Street for a 60 day period
commencing on October 3, 1997 and expiring on December 1, 1997.
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. All rocks and dirt currently in place shall be
relocated and stored in a manner that will minimize disturbance to
existing vegetation and will ensure that the historic buildings
will not be damaged. No additional fill material shall be stored
on the property.
2. Any necessary fugitive dust control measures will occur
at the expense of the applicant.
3. Any damage caused to Ring Street by the actions of the
Applicant after the date of October 16, 1997 will be repaired at
the expense of the Applicant.
4. Construction activity will be limited to the hours of
9am -5pm Monday through Friday.
5. Applicant will place construction fencing around the
dirt and rocks.
2
6. A bond in the amount of $5000.00 will be posted by the
Applicant to ensure that the site is restored to its original
condition. The site will be restored by no later than December
15, 1997.
7. The Applicant will notify the neighbors present at the
October 16, 1997 Board of Adjustment meeting 2 days prior to the
date that the rocks and dirt are to be removed.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 16th day of October, 1997.
74‘, ?tet-
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.
ClAUL)
Deputy City Clerk
Approved as to form:
Assistant City At rney
form.doc