Loading...
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. 464485 111 IIIIII III 0 0 a :I 0 0 00 2 .311' 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. I 2 IIIIII\ IIII IIIIIII III VIII IIII III 464485 ; 0 00 2.31E SILVIP DAVIS PITKIN 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