HomeMy WebLinkAboutresolution.BOA.003-19 RESOLUTION NO. 3
(SERIES OF 2019)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT GRANTING
APPROVAL FOR DIMENSIONAL VARIANCES TO SETBACKS, FOR A PROPERTY
LEGALLY DESCRIBED AS: A PARCEL OF LAND LOCATED IN THE SOUTHEAST
ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 7,
TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" OF QUIT CLAIM DEED
RECORDED OCTOBER 9, 1991 IN BOOK 658 AT PAGE 784, CITY OF ASPEN,
COUNTY OF PITKIN, STATE OF COLORADO.
Parcel ID No. 2737-073-00-014
WHEREAS, the Community Development Department received an application for the
property referred to as 777 Gibson Avenue(the Application)from 777 Gibson,LLC;Peter Fornell,
Manager (The Applicant) represented by Chris Bendon of BendonAdams, LLC, for the following
land use review approval:
• Variance, pursuant to Land Use Code Chapter 26.314; and,
WHEREAS,the subject property is zoned Moderate Density Residential(R-15);and, Low
Density Residential (R-30); and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect
on the day the application was deemed complete—February 27, 2019, as applicable to this Project;
and,
WHEREAS, the Community Development staff reviewed the Application and provided
recommendation; and,
WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public
hearing on June 6, 2019; and,
WHEREAS, the Board of Adjustment reviewed the Application, considered staff
recommendation and found the approved dimensional variance to be in compliance with and
meeting the standards of review found in Section 26.314.040.A.1, 2, and 3; and,
WHEREAS, during a duly noticed public hearing on June 6, 2019, the Board of
Adjustment, following a motion and second to continue the hearing to June 19, 2019 and approved
the motion to continue by an six to zero (6 - 0) vote; and,
WHEREAS, during the continued public hearing on June 19, 2019, the Board of
Adjustment approved Resolution No. 3, Series of 2019, by an four to one (4 - 1) vote granting
approval of a Dimensional Variance Review, as identified herein.
Board of Adjustment Variance Request
"777"Gibson Ave.
Pagel of 3
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE
CITY OF ASPEN, COLORADO THAT:
Section 1: General Approval
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Board of Adjustment hereby approves a Setback Variance for the property referred to as 777
Gibson Avenue and described as follows:
1. Front yard setback is reduced from 25 feet to ten (10) feet.
2. Rear yard setback is reduced from 15 feet to five (5) feet.
3. Side yard (west side) setback are reduced from ten (10) feet to five (5) feet.
4. Side yard setbacks (around the southern "panhandle" portion of the property) reduced
from ten (10) feet to three (3) feet.
5. The setback variances apply only to Parcel 1. See Exhibit A for a drawing of the
approved variances.
6. Pursuant to an access easement (recorded at Page 773, Book 368) for the Gibson
Avenue sidewalk, the front yard setback shall continue to be measured from the
property line along Gibson Avenue.
7. All other dimensional standards required in the R-30 Zone District remain in effect.
8. The approved variances do not exempt the property from compliance with all other
aspects of the Aspen Municipal Code, including, but not limited to building codes and
engineering requirements.
9. A TDR is not permitted to be landed on this lot as a condition of receiving the variances.
10. Unless otherwise extended or a building permit application is accepted as complete by
the City of Aspen, this variance shall expire 12 months from the date of approval.
Section 2•
All material representations and commitments made by the Applicants pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Community Development Department and the Board of Adjustment
Commission, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by other specific conditions or an
authorized authority.
Section 3:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Board of Adjustment Variance Request
"777"Gibson Ave.
Page 2 of 3
FINALLY, adopted, passed and approved this 19th day of June 2019.
Approved as to form: Approved as to content:
nes R. True, City Attorney Andrew Sandler,Chair
Attest:
Linda Manning, City Clerk
Exhibit A—Drawing with ' entification of approximate building envelope based on approN'ed
setback variances.
Board of Adjustment Variance Request
"777"Gibson Ave.
Page 3 of 3
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777 GIBSON EXHIBIT A
PARCEL ID 2737-073-00-014
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SITUATED IN SE1/4 SWI/4 SECTION 7, I
TOWNSHIP to SOUTH.RANGE 84 WEST 6TH P.M.
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CITY OF ASPEN,PITKIN COUNTY COLORADO I
SETBACKS I
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Front Yard Setback: 10 feet measured from Parcel 1 boundary with
Gibson Avenue ROW.
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Rear Yard Setback:5 feet measured from western boundary of I
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Parcel 1 directly opposite the front lot line along single segment j
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south of the Parcel Intersection. I
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Side Yard, North:5 feet measured from northern boundary of I
"PARCEL 1"
I Parcel 1 along single segment north of the Parcel Intersection. I
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I Side Yard,All Other:3 feet measured from three remaining
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I 5segments comprising southern"panhandle" portion of Parcel 1. I
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10 I
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PARCEL
INTERSECTION ` 1
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"PARCEL 2"
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BUILDING /
AREA / Scale: 1 " - 40'
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VICINITY MAP-N.T.S. (PROPERTY IN GREEN)
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DRAWN BY: the PBRworkshop 6/27/2019