HomeMy WebLinkAboutresolution.BOA.004-19 RECEPTION#: 659203, R: $38.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 6, 10/02/2019 at 10:56:08 AM
RESOLUTION NO. 4 Janice K. Vos Caudill, Pitkin County, CO
(SERIES OF 2019)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING
DIMENSIONAL VARIANCES FOR THE PROPERTY LEGALLY DESCRIBED AS THE
RACQUET CLUB SUBDIVISION, ALSO DESCRIBED AS LOT 2 AND LOT 3, BLOCK 1, OF
THE ALPINE ACRES SUBDIVISION, COMMONLY KNOWN AS 1040 MATCHLESS DRIVE
AND 1050 MATCHLESS DRIVE
Parcel ID No: 27370741 1800 (common area parcel)
WHEREAS, the Community Development Department received an application for 1040
Matchless Drive (Lot 2) and 1050 Matchless Drive (Lot 3), (the Application) from the Racquet Club
Condominium Home Owners Association (Applicant), represented by Bryan May of Bryan May
Architects, for the following land use review:
Variance: pursuant to Land Use Code Chapter 26.314,
WHEREAS,the subject property is within the R-6 zone district, is 31,717 square feet in size, and
requires compliance with the following minimum setback dimensions:
• Front Yard: Principal buildings 10' and Accessory buildings 15'
• Side Yard: minimum 15' for a total of 50' on both sides
• Rear Yard: Principal buildings: 10'. For the portion of a principal building used solely as a garage:
5' Accessory buildings: 5'
WHEREAS,all code citation references are to the City of Aspen Land Use Code in effect on the
day the application was deemed complete—June 17`x', 2019, as applicable to this Project; and,
WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing
on September 51h, 2019; and,
WHEREAS,during a duly noticed public hearing on September 5",2019,the Board of Adjustment
approved Resolution 4, Series of 2019, by a 4 to 0 vote, granting approval for Dimensional Variance
Review, as identified herein.
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 grants the following dimensional variances, as displayed in Exhibit A, approved site
plan and renderings:
1040 Matchless Drive:
• Front Yard Setback Variance: 5' setback for construction of a 2 car garage and 0' setback for a
retaining wall,
• Side Yard Setback Variance: V setback for construction of a 2 car garage, trash/recycling area,
and retaining wall.
1050 Matchless Drive:
• Front Yard Setback Variance: 1' setback for a retaining wall.
• Side Yard Setback Variance: F setback for construction of a 2 car garage, trash/recycling area,
and retaining wall.
Board of Adjustment
Resolution No. , Series 2019
Page ] of 3
• Rear Yard Setback Variance: 0' setback for construction of a retaining wall.
No other development other than grading as represented shall be permitted within established R-6 setbacks
other than those projections defined within Land Use Code Subsection 26.575.020.E.5, Allowed
Projections into Setbacks.
The approved structures shall be limited to 12 feet in height and shall incorporate a roof design that drains
using an east, west, or south orientation.
Section 2•
Prior to construction of the garages,trash/recycling enclosure,and retaining walls,the Applicant shall apply
for the appropriate building permits. The trash/recycling structure shall comply with all rules and
regulations as deemed necessary by the Environmental Health Department.
Section 3•
Prior to removal of any trees on the properties,the Applicant shall apply for and receive appropriate permits
from the Parks Department,which may include submittal and review of a detailed landscape plan. All tree
removal shall comply with rules and regulations as deemed necessary by the Parks Department.
Section 4•
All material representations and commitments made by the Applicant 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 5•
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 6•
Pursuant to Land Use Code Section 26.314.070, the subject variance shall expire 12 months from the date
of the approval unless development has commenced as illustrated by the submission of a building permit
or an extension is granted. The subject variance is not a Site-Specific Development Plan (SSDP), is not
vested, and will not receive a Development Order.
Section 7•
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
Resolution No. , Series 2019
Page 2 of 3
FINALLY,approved this 5"' day of September, 2019.
Approved as to form: Approved as to content:
mes R.True,City Attorney Andrew Sandler,Chair
Attest:
c
Linda Manning,City Cler t
Attachments:
Exhibit A: Approved site plan and elevations
Board of Adjustment
Resolution No. , Series 2019
Page 3 of 3
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