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HomeMy WebLinkAboutresolution.boa.009-00 RESOLUTION NO. 00 -09 Series of 2000 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN APPROVING VARIANCES IN CASE NUMBER 00 -10 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH A STREET ADDRESS OF 701 WEST FRANCIS AND A LEGAL DESCRIPTION OF LOTS H & I, BLOCK 16, ORIGINAL ASPEN TOWNSITE WHEREAS, Robert Richie made application, dated July 21, 2000 for a variance from the dimensional requirements of Chapter 26 of the Aspen Municipal Code; and WHEREAS, this matter came on for hearing before the Board of Adjustment on December 7, 2000, 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. The request for variances was initiated on July 21, 2000 by: Robert Richie for a property located at 701 West Francis, Aspen, Colorado. 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 26- 304-060(E)(3) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 3. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and Chapter 26 of the Aspen Municipal Code. II II III 1111 II II III II 460989 SILVIA DAVIS PITKIN COUNTY CO R 15.00 D 0.00 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 26 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. The Board determined that findings above were satisfied and the variance request was therefore approved by a vote of 4 -1. Section 2. Request for Variances Approved. The Board of Adjustment does hereby grant the applicant the following variance from the terms of Chapter 26 of the Aspen Municipal Code: A nine (9) foot combined side yard setback variance and a five foot front yard setback variance to modify the existing roof of the existing building. 2 IIIII DAVIS I I I IIIIIIIIIIIIIIIII IIIIIIIIII IIIIR 46 0989 KIN .AUNTY CO 15.. 1919/2001 11:463 R 15.0 D 0 . 00 INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 7th day of December, 2000. 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. / a eputy City Clerk Approved as to content: Assistant City Attorney 3 \\ 60989 11:462 0 SILVIA PI KIN COUNTY CO R 3