HomeMy WebLinkAboutresolution.boa.007-01 RESOLUTION NO. 07
Series of 2001
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE IN CASE NUMBER 01 -05 RELATING TO PROPERTY IN
THE CITY OF ASPEN WITH AN ADDRESS OF 820 WEST SMUGGLER, LOT 12,
BLOCK 1, PITKIN MESA, ASPEN, COLORADO.
WHEREAS, William and Dana Powell have made application,
dated October 19, 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 January 3, 2002 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:
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" Section 1. Findings of Fact.
M ry° The Board of Adjustment makes the following findings of fact:
a m 1. A development application for a variance was initiated
m by: William and Dana Powell on October 19, 2001 for property
m with a street address of 820 West Smuggler, Aspen, Colorado.
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2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 26-
0 304- 060(E)(3)(c)of the Aspen Municipal Code. Evidence of such
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notice is on file with the City Clerk.
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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.
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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 5 to 0 vote:
A five (5) foot side yard setback variance for the east side
yard and a twenty (20) foot combined side yard setback
variance to enclose an existing deck.
Said variance is granted with the following condition:
1. The applicant voluntarily agrees to sterilize the
remaining ninety -nine (99) square feet of floor area and
limit the size of the approved deck to one hundred and ten
(110) square feet of floor area.
APPROVED AS TO FORM
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INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on 3rd day of January, 2002
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. c / ,
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