HomeMy WebLinkAboutresolution.BOA.002-19 RESOLUTION NO. 2
(SERIES OF 2019)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT VOIDING A
DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS THE
NORTHERLY 70 FEET OF LOTS A, B AND C, EXCEPT THE EASTERLY 39" OF LOT
C; BLOCK 36; CITY AND TOWNSITE OF ASPEN, COMMONLY KNOWN AS 431/433
WEST HALLAM STREET.
Parcel ID No: 2735-124-33-001
WHEREAS, the Community Development Department received an application for 431
W. Hallam St. from Connery Family Trust (Homeowner), represented by Chris Bendon, Bendon
Adams for the following land use review approvals:
• Variance, pursuant to Land Use Code Chapter 26.314; and,
WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public
hearing on December 13, 2018; and,
WHEREAS, during the public hearing on December 13, 2018, the Board of Adjustment
approved Resolution No. 4, Series of 2018 (Reception No. 652891),by a 4 to 1 (4-1)vote,granting
approval for a Dimensional Variance, as identified herein.
WHEREAS, pursuant to Chapter 26.314.080 —Appeals, on December 27, SHC- Aspen,
LLC (Appellant), represented by Peter Thomas, Praxidice P.C. sought an appeal; and,
WHEREAS, during the public hearing on March 11, 2019, City Council considered
written and oral argument from the representatives for the appellant, and the Community
Development Staff and remanded the appeal back to the Board of Adjustment for the approval of
Resolution No. 4, Series of 2018, for a dimensional variance; and,
WHEREAS, following the Council hearing, the Parks Department determined it would
permit the removal of the trees in the rear yard of the property; and,
WHEREAS,the applicant has withdrawn its variance request,without prejudice; and,
NOW,THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, COLORADO THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Board of Adjustment, hereby voids Resolution 4, Series of 2018, recorded in the Pitkin County
real property records as Reception No. 652891 and that such resolution shall be of no further force
or effect.
Section 2•
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action or proceeding now pending under or by virtue of the ordinances repealed or amended as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.
I IIIIII VIII VIII VIII VIII VIII VIII IIII II I III VIII VIII VIII IIII VIII IIII
RECEPTION#: 657258, R: $18.00, D: $0.00 City Council
DOC CODE: RESOLUTION Resolution No.2, Series 2019
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Janice K. Vos Caudill, Pitkin County, CO
Section 3•
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.
FINALLY, approved this 6`h day of June 2019.
APPROVED AS TO ORM: APPROVED AS TO CONTENT:
9-
LAn ea an, sistant City Attorneyrew Sandler, Chair
A / ST:
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Linda Manning, City Clerk
City Council
Resolution No. 2, Series 2019
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