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HomeMy WebLinkAboutresolution.boa.002-01 RESOLUTION NO. 02 Series of 2001 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 00 -14 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 1022 EAST HYMAN AVENUE, ASPEN, COLORADO. WHEREAS, John McCormick has made application, dated October 25, 2000 to the Board of Adjustment 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 January 4, 2001 where full deliberations and consideration of the evidence and testimony was 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: John McCormick on October 25, 2000 for property with a street address of 1022 East Hyman Avenue, Aspen, Colorado. 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 26- 304-060(E)(3)(c)of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. L 111111IIIIIijj1iIIIIIIIIII LWI /1 / / /11III 46 ©983 11:44R Page: 1 of 3 R 15.00 D 0.00 3. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and Chapter 26 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 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. Section 2. Variance Granted. The Board of Adjustment does hereby grant the applicant the following variance from the terms of Chapter 26 of the Aspen Municipal Code by a 9 to _O vote: A three foot, eight inch (3' 8 ) side yard setback variance on the west side yard for the construction of a 258 square foot garage. II 1111 I II I I III II I I II P4 1 aaa SILVIP DAVIS PITKIN COUNTY CO R 15.00 D 0.00 APPROVED AS TO FORM City Attorney INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 4th d January, 2001 a4 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. - U eputy City Clerk III II\\r\,\ IIIIife , a 3 IIIIIIIIIIIIIIIIIIIIIIIIIIIII 15. 00191 9 9000 1 SILVIA PITKIN COUNTY