HomeMy WebLinkAboutresolution.boa.006-01 RESOLUTION NO. 06
Series of 2001
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE FOR A REAR SETBACK VARIANCE AND DENYING A
VARIANCE REQUEST FOR BOTH SIDE YARD SETBACKS IN CASE NUMBER 01 -04
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
140 PITKIN MESA DRIVE, LOT 12, BLOCK 1, PITKIN MESA.
WHEREAS, Roget and Andre Kuhn have made application,
dated May 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 on for hearing before the Board of
Adjustment on September 27, 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: Roget and Andre Kuhn on May 29, 2001 for property with a
street address of 140 Pitkin Mesa Drive, 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.
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.
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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 four (4) to zero (0) vote:
A ten (10) foot rear yard setback variance for the
construction of a duplex and two Accessory Dwelling Units.
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 four (4) to zero (0) vote:
A four (4) foot side yard setback variance for both side
yards for the construction of a duplex and two Accessory
Dwelling Units.
APP OVED �O glIORRM
City Attorney
READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 27"' day of September, 2001
(. /i - ' "
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.
putt' City Clerk
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SILVIP DAVIS PITKIN COUNTY CO