HomeMy WebLinkAboutresolution.boa.003-01 RESOLUTION NO. 03
Series of 2001
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 01 -01 RELATING
TO A PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 1540
SILVERKING DRIVE, ASPEN, COLORADO.
WHEREAS, James Knowlton made application, dated January 29,
2001 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 for hearing before the Board of
Adjustment on March 8, 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. The request for appeal was initiated by: Don James
Knowlton on January 29, 2001 for property with a street
address of 1540 Silverking Drive, Aspen, Colorado.
2. Notice of the proposed variance has been provided to
the appellant and by publication to all other affected
parties 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.
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SILVIP DAVIS PITKIN COUNTY
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 the 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 the that
applicant's rights would be deprived absent a variance, the
Board considered certain special conditions and circumstances
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
actions of the applicant.
Section 2. Request for Variances Approved.
The Board of Adjustment does hereby grant the applicant
the following variance form the terms of Chapter 26 of the
Aspen Municipal Code by a 5 to 0 vote:
A ten (1) foot side yard setback variance on the east
side yard and a seven (7) foot, four (4) inch below
natural grade required yard projection variance for the
construction of a six (6) foot tall retaining wall.
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INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen r : day '
1
AIL_
.�.�
Vice -C1 -i •er =•
I, the undersigned duly appointee -nd acting Deputy
City Clerk do certify that the foregoing is a e 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. / '
\ - , %�� . _ ten ir
.-puty City lerk
Approved as to form:
Assi tant City Att rney
s II�I 15I 464485
itittlitili T GO R . 0029 28° 00002 31F
SILVIA DP