HomeMy WebLinkAboutresolution.boa.006-99 RESOLUTION NO.&
Series of 1999
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 99 -06
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
835 EAST HYMAN, ASPEN,COLORADO.
WHEREAS, Hy -West Condominium Association
has made application, dated June 1, 1999 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 July 8, 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: Hy -West Condominium Association, for the property
located at 835 East Hyman Avenue, Aspen, CO.
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. 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
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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 six (6) foot side yard setback variance to allow for
construction of an exterior stairwell.
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.
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 8 day of July, 1999.
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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.
(„k4.7" Deputy C' y Clerk
Approved as to content:
L
Assistant City Attor ey
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