HomeMy WebLinkAboutresolution.boa.001-99 RESOLUTION NO.1
Series of 1999
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 99 -1
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH A STREET ADDRESS OF
112 ASPEN GROVE ROAD AND A LEGAL DESCRIPTION OF LOT 2 EASTWOOD
SUBDIVISION,
WHEREAS, Mr. John T. and Mrs. Jane A. Kelly made
application, dated December 30, 1998 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 January 14, 1999 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. John T. and Mrs. Jane A. Kelly for property located
at 112 Aspen Grove Road , 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.
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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.
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.
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 fifteen (15) foot front yard variance to allow for
construction of single family residence, as depicted on the
attached application.
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 is subject to the dimensions represented in
the application packet.
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2. 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.
3. 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 14 day of January 1999.
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.
eput1erk
Approved as to content:
ssistant City Attorney
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