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Home My WebLink Aboutlanduse case.boa.500W-Hopkins.008-97 RESOLUTION NO.Og Series of 1997 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97-08 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 500 WEST HOPKINS,ASPEN,COLORADO AND A LEGAL DESCRIPTION OF BLOCK 31 LOTS K,L,M,N,O,P,Q,R AND S. WHEREAS, Mr. Charles Paterson made application, dated August 6, 1997 to the Board of Adjustment for a variance from the dimensional requirements of Chapter 24 of the Aspen Municipal Code; and WHEREAS, this matter came on for hearing before the Board of Adjustment on August 21, 1997 and after full deliberations and consideration of the evidence and testimony 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: Mr.Charles Paterson on August 6,1997 for property with a street address of 500 West Hopkins, Aspen, Colorado. 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 24-6~ 205(E} (4}b) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 1111111111111111111111111111111111111111111111111111111 408741 09/23/1997 11,19A RESOLUTI DAVIS SILVI 1 0' 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO 3. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and Chapter 24 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. 5. The literal interpretation and enforcement of the terms of Chapter 24 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; to wit: The property is constrained by the non-conforming location of the existing structure. Section 2. Variance Granted. The Board of Adjustment does hereby grant the applicant the following variance from the terms of Chapter 24 of the Aspen Municipal Code: An 2 foot 6 inch rear yard setback variance, construction of an elevator and laundry facility Hopkins. to allow for at 500 West 2. 1111111111111111111111111111111111111111111111111111111 408741 09/23/1997 11:19A RESOLUTI DAVIS SILVI 2 0' 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO Section 3. Conditions Upon Which Variance is Granted. The variance granted by Section 2, above, is specifically conditioned upon and subject to the following conditions: 1. Unless vested as part of a development plan pursuant to Section 24-6-207 of the Aspen Municipal Code, the variance granted herein shall automatically expire after twelve (12) months from the date of approval unless development has been commenced as evidenced by the issuance of a building permit, or an extension granted by the Board in which case the variance shall expire at the end of the extension. 2. Applicant shall, prior to filing an application or a building permit, cause to be recorded with the Clerk and Recorder's Office of Pitkin County a copy of this resolution. INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 21st day of August, 1997: ~IJ.J - Acting 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. {f!f!i; ~ eputy C1tyClerk Approved as to form: ~: ..... ."~ l ; ...t .",,~ ' _,i ,,}"\. i (...~.. , .. ~ i j t,-, Assistant City !\ "} i~'~4 j /\ ;.~ "..J fJ1'}--- ~ '; ~,.J.-I.~~~\...." ,\.....~ '. Vi .3. 1111111111II1111111II111I111"III"illll~ II~I ~Ii I1II V13 g 2 i\ 408741 09/23/1997 11'19A RESOLUTI DAVIS SILVI 3 0' 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO -,,.,,, NOTICE OF PUBLIC HEARINl. CASE #97-8 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for vanance. Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: August 21, 1997 - City Council Meeting Room Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Charles Paterson Address: Boomerang Lodge 500 West Hopkins Aspen, CO 81611 Location or description of property: 500 W. Hopkins Street, with a legal description of Block 31 Lots K,L,M,N,O,P,Q,R and S. Variances Requested: A 2 foot 2 inch rear yard setback to allow for construction of an elevator. Will applicant be represented by Counsel: YES: NO: /"..",,,. The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman .~, -. .- "._------,..~_._._,,~,.',.,,--,,~"'- . -~"~ ~,-<<,-~."'~~,.""'.~~,? ',-, rIB MEMORANDUM TO: Board of Adjustment THRU: Julie Ann Woods, Community Development Deputy FROM: Sara Thomas, Zoning Officer RE: Charles Paterson, Boomerang Lodge - 500 West Hopkin DATE: August 12, 1997 -------------------------------------------------------------- -------------------------------------------------------------- SUMMARY: The applicant requests a variance from the rear yard setback dimensional requirement in order to build a structure which will house an elevator and a laundry room. The proposed addition would encroach into the required 10 foot rear yard setback by approximately 2 feet 6 inches for a length of 16 feet 4 inches, requiring a variance to permit a 7 foot 6 inch rear yard setback. The lodge is located in the LP Overlay zone district, which has the following setback requirements: Front Yard - Rear Yard - Side Yard - 1 0 feet 1 0 feet 5 feet The existing structure is already non-conforming with regards to the rear yard setback. The addition of the elevator structure is considered to be an expansion of an existing non-conformity. The permitted floor area for the parcel is 27,000 square feet. There is ample floor area available on the property to permit the addition of the elevator and laundry room. The proposed addition would eliminate 2 off-street parking spaces, however the lodge will still be providing more than the required number of .7 parking spaces per bedroom. Existing and proposed square footage will be reverified at the time of building permit. Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance. APPLICANT: Charles Paterson, Boomerang Lodge, LTD. .",,",-.. LOCATION: 500 West Hopkins, Aspen, CO, with a legal description of Block 31 (Lot K,L,M,N,O,P,Q,R,S) -'~ REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.108.040 of the Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the board of adjustment shall make a finding that the following three (3) circumstances exist: 1. Standard: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title. Response: Granting the variance will not conflict with the goals of the Aspen Area Comprehensive Plan. 2. Standard: The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure. Response: The addition will provide handicapped access to the second story of the existing structure. The proposed location of the elevator appears to be the only location on the building which is directly accessible to a parking area and which will not conflict with the existing second story walkways. The dimensions of the elevator are the minimum necessary to provide handicap access. However, the laundry room addition is an amenity which could possibly be located within the existing structure or in a location which would not require a variance. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title 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 whether an applicant's right would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances 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; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan the terms of this title to other parcels, buildings or structures, in the same zone district. ,,,.,_._-_._~.._,.,,..,.. ,,~,.~-,--~,,-~~-_._--"'_.._.. , , Response: The existing lodge structure is built to the rear setback line, and encroaches beyond the setback line in some areas. The constraints placed on the property by the location of the existing structure, as well as the need to provide handicap access, appear to be unique to this parcel and granting the variance will not confer special privileges upon the applicant. ALTERNATIVES: The Board of Adjustment may consider any of the following alternatives: . Approve the variance as requested. . Approve the variance with conditions. . Table action to request further information be provided by the applicant or interested parties. . Deny the variance finding that the review standards are not met. RECOMMENDATION: Staff recommends approval of the rear yard setback variance request to construct an elevator and laundry facility. RECOMMENDED MOTION: "I move to approve the request for a 2 foot 6 inch rear yard setback variance to allow for a construction of an elevator and laundry facility at 500 West Hopkins, finding that the review standards are met." ~"",__",W~""""'_"'~"".'_^"~~'~~_'-"''''--'.~_~___W'''_ CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPUCATION DATE R / b 19j] CASE it / APPUCANT ('1iA-ftLE""~ <.pp;n~r<.Sf)r6()O~€#?AVr;, PHONE CJL~-3.1.f1 b L'Tb . MAillNG ADDRESS SQn W. HoPKtN > OWNERJOoMERA-Nc:. LoPtS,E L'T)) PHONE o/2S=-3l[16 MAlLING ADDRESS ~O W.ItoPkIN~ I' M PEl\! Co ~{{, lj . . A L.l..E<Y -:S' \V e- LOCATION OF PROPERTY Befruu.... '-Irfu.5u..Ik.~k,.U/.J. !BLock. 3/ {KL1.-WOPEi(.1? 5j (Street, Block ~umber and Lot ~urnber) WILL YOU BE REPRESENTED BY COUNCll..? YES_ NOt.(. Below. describe clearly the proposed variance. including all dimensions and justific:mon for the variance. (Additional paper may be used if necessary.) The building permit application and any other information you feel is pertinent should accompany this application. and will be made part of this case. ...s,({ucTcJRE N't?~D.> TO BE BUILT To lIo()~ ..4N' ~~/OR... Or- NT/lltH4L <;;/21E" p;oR tEG;IlL4R t H4NOIC:II~'pPElJ ,lfCCE"S,s To 2....q ~ '3J>c/ pl.ooRS 0/= WlTsT BCJlL.D/AI~ (o IPct.ui>E /JEW .i.41J1\JPtey FIIe/LITIES, 71Ifs f;L!pcJt....f) f(Ef'&l(}fR.ET A- V.4R(If,vc:r:: of ,2/- 21( FRoM AUey ge-T8A-C~ Fate A- L.li'AlCiT/f of /6'-1/11. NEXT ,0 ~AiRl4rAY~ ~ Applicant's Signarure REASONS FOR DE:'UAL OF BUILDING PER.'VIIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AJ.'1 OPINION CONCER1'IING THIS V AR.lAJ.'1CE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF. DATE PER...\1IT DEl"llED DATE OF APPLICATION 8/6/97 I I OFFICIAL HEARlNG DATE ~2! / 9 7 I I R05BERT & ELIZABETH COSCARELLO 15 E.LAS OLAS #800 FT. LAUDERDALE FLORIDA 33301 DEBBIE KLEIN 546 MC SKIMMING RD. ASPEN CO 81611 BERR LLC 611 W. MAIN ST. ASPEN CO 81611 STARFORD PROP NV clO WM. .CEAN 550 BILTMORE WAY 9TH FL CORAL GABLES FL, 33134 MICHAEL S. DUNS DON DAVID A. BORKENHAGEN BOX 2225 ASPEN CO, 81612 DONALD L. YOUNG 617 W. MAIN STR. ASPEN CO 81611 ALFRED P. WEST JR WEST LORALEE 12 GREENBRIAR LN PAOLI PA 19301 M1C18GILL LEGACY LTD. 00 OLD KATY RD HOUSTON TX 77079 RICHARD E. RUDOLPH BOX 3080 CAREFREE AZ 85377 ALLEN K. SANDRA 600 E. HOPKINS STE 302 ASPEN CO 81611 DOUGLAS MICHAEL HEISFIELD 435 W. MAIN ASPEN CO 81611 ALICE KOELLE BOX 2871 ASPEN CO 81612 MARTHA W. MODSEN 608 W. HOPKINS AV #9 ASPEN CO 81611 SHADOW MTN. ASSOC. 1989 605 W. MAIN #002 ASPEN CO 81611 . HUNTINGTON TRUST CO. NA TRUSTL~ C/O NATIONAL CITY BANK ATTN: C.E. WIGHTON 155 E. BROAD 5TH FL COLUMBUS, OH 43251 THOMAS M. TODD 605 W. MAIN STR. #OOA ASPEN CO, 81611 TETSUJI & AKIKO ADYAMA 6105 N.E. KESWICK DR. SEATTLE WA 98105 WM. A. LEVIN 575 LEXINGTON AVE. STE 2605 NEW YORK NY 10022 ANN R. CROCKET 10898 MORA DR. LOS ALTOS HILLS CA 94024 ULLR LODGE INC. 520 W. MAIN STR. ASPEN CO 81611 GAIL GAROFANI 39 PALMERS TON STR. WATSONS BAY SYDNEY AUSTRALIA, 2030 LINDA VIEIRA & TERESA HALL 605 W. MAIN STR. ASPEN CO 81611 EILEEN, JACK & ELOISE ILGEN 518 W. MAIN ASPEN CO 81611 JAMES R. MC DADE JR BOX 9090 ASPEN CO 81612 GLEN A. BECK BOX 1102 VICTORVILLE CA 92392 ALH HOLDING CO. GUNNISON 435 W. MAIN ASPEN CO 81611 . AL WOODS PROPERTY CITY OF ASPEN 13 0 S. GALENA ASPEN CO, 81611 MARY HUGH SCOTT BOX A ASPEN CO 81612 WM. L. COMCOWICH 420 W. MAIN STR. ASPEN CO 81611 RENEE A. MARCUS #1 432 W. HOPKINS ASPEN CO 81611 PAUL YOUNG 13355 NOEL RD L.B. 28 DALLAS TX, 75240 STANFORD JOHNSON BOX 416 ASPEN CO 81611 ROBERT B & YVONNE STARK BOX 31 VERMILLION SD 57069 RICHARD & DEBORAH FELDER 5969 SEARL TERR. BETHSEIDA MD 20816 SHADOW MTN. CORP clo OATES HUGHES,KNEZEVICH PC 533 E. HOPKINS AV. ASPEN CO, 81611 LOST DIAMOND INC. BOX 416 ASPEN CO 81611 JIM IGLEHART 610 W. HOLLOM ASPEN CO 81611 KAREN & COURTNEY LORD 517 W. NORHT STR. ASPEN CO 81611 ROBERT & PHYLISS THROM DOUGLAS THROM 617 W. MAIN ASPEN CO, 81611 ASPEN ST. LTD. clo JOHN STATON 191 PEACHTREE STR. STE. 4900, ATLANTA GA, 30303-1763 h,.._... BOOMERANG LODGE LTD. SOD WEST HOPKINS 925-3416 ASPEN. CO 81611 <. i. FOR II: Ii -..... -- NOIIWHr BANKS --- ..~..iI ,/,on'o.: <' ~.::::C. ~ - 11'002 811' I: ~o 20000 n,l: NoIwest Bank CoJorado. NA ..... (970) 92~2500 119 South Mill Street. AsP8f'l. CoIonJl1o Bum 23-7/1020 2668 g>(6! 19 97 I $ Lo~ 7;:; ff)Soocu"..'oa"".. 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Board of Adjustment August 21,1997 CASE 97-07 CRUM - 99t UTE A VENUE..................................................................................................................1 MINUTES.....................................................................................................................................................................1 CASE 97-09 BELLIS 941 E. COOPER A VENUE.................................................................................................... 1 CASE 97-08 PATERSON. BOOMERANG LODGE SOO W. HOPKINS ...............................................................3 1 5 --,-.~_._---_._. _..".._-~. ~-"'-'-----~,_-----_,,~ , -, "'"" Board of Adjustment August 21,1997 Charles Paterson opened the special meeting at 4:05 p.m. with members Rick Head, Ron Erickson, Jim Iglehart, Howard DeLuca and David Schott present. CASE 97-07 CRUM - 991 Ute Avenue Sara Thomas, community development department, told the Board this case was not noticed properly. It will be re-noticed and continued to September 4th Erickson moved to table case 97-07 to September 4; seconded by Head. All in favor, motion carried. MlMrrns Head moved to approve the minutes of May 1, cases 97-05 and 97-06; seconded by Erickson. All in favor, motion carried. CASE 97-09 BEU.IS 941 E. COOPER AVENUE Paterson said this is a request to temporarily relocate and store a historic home of 800 feet for 90 days. David Hoefer, assistant city attorney, told the Board an affidavit of notice 'has been provided indicating the notice requirements have been complied with. Hoefer said the list of property owners receiving notice has not been provided. Dave Rybek, Poss & Associates, told the Board that the applicant has received approval from city Boards to remodel to a historic structure at 1008 E. Hopkins. This request is to temporarily relocate the historic structure to 941 E. Cooper A venue for a period of 90 days while excavation and foundation work is being done on the E. Hopkins site. Rybek said after the foundation has been constructed, the house will be relocated back to its permanent location. Rybek said the structure will be fenced for safety reasons. Rybek pointed ~ut the building fits within the building envelope on Cooper Avenue. Jane Hattem, resident of East Cooper Court Condominiums, told the Board one major concern is safety of her young child. Ms. Hattem said existing historical structures around town do not look safe. Another concern is the improvements she has done to this complex while waiting for the project to be finished. Ms. 1 _-",'-'C'. I ...'.......,.;~....> '....'.".....-....!_. Board of Ac:ljustment August 21, 1997 Hattem said relocating this building here will destroy their work on the properties. Rybek said thei-r intention was to place an 8 foot chain link around the building during temporary storage. Sara Thomas, community development department, said chain link fences are not permitted; fences visible from the right of way have to be wood, stone or iron. Rybek said this being moved to property not owned by the condominium association. Paterson said there is a letter in the packet from Bob Langley, East Cooper Condominium Association, which states they own this property, parcel B, and that they have no objection to temporarily store this structure. Ms. Hattem said this land has been sold but is part of the condominium association. Ms. Hattem presented a letter from a neighbor questioning what happens if the . weather is bad and the house has to be there more than 90 days. Rybek said they have applied for a building permit, hope to receive a demolition permit within the next week, and have ftled for an excavation permit. Rybek said they plan to be done within the 90 days period. Hoefer pointed out the city received a letter from Mark Tye, property owner of 935 E. Cooper, supporting the Hattems' objection of locating a building on this property for safety reasons and having the house removed within the 90 days. Rybek said this location is only 2 blocks away and has fewer problems in inoving to this location. The Board discussed the type of fencing allowed in the city. Ms. Thomas said construction sites are allowed orange net fences. DeLuca asked if it would be possible to write into the variance that a chain link fence is allowed temporarily for safety reasons if it is hidden behind a construction fence. Hoefer pointed out this was not advertised as part of the variance. Rybek said they would try and work within the regulations for the fence. Rybek told the Board the house will sit on a tire rig, a stack of I-beams, while it is stored temporarily. Rybek said they could enclose the structure with plywood and make sure the cavity is not exposed and also use construction fence around it. Eriltkson asked if a bond will be posted. Amy Amidon, community development department, said a bond is posted and it usually has to do with the historic structure. Erickson said the last temporary storage they had held a fine of $l,OOO/day if stored over the allotted time. Erickson said he would like to see a bond in place for this project. 2 .--+-~ 1''' ,.....".. Board of Adjustment August 21,1997 Head moved to approve the request to temporarily relocate a historic structure from 1008 East Hopkins to a vacant lot located at 941 East Cooper for a period not to exceed 90 days, fmding that the review standards have been met and also to require that a safety fence be erected around the house in accordance with city zoning, and that the property will be restored to its original condition upon vacation; seconded by Erickson. Roll call vote; DeLuca, yes; Erickson, yes; Head, yes; Iglehart, yes; Paterson, yes. Motion carried. CASE 97-08 PATERSON, BOOMERANG LODGE 500 W. HOPKIN~ Charles Paterson stepped down. Paterson provided copy of notice which meets Code requirements. Head noted the applicant is asking for a 2'6" rear yard setback to allow for construction of an elevator. Paterson told the Board 4 years ago he reconstructed the west end of the Boomerang Lodge, the top story. Paterson said increasingly people are having difficulty with stairs. Paterson said these units are not handicap accessible. Paterson said he decided to install an elevator and showed the Board the plans of proposed elevator. Paterson said there is no way he can put this elevator within the existing footprint. A 5' by 3'6" platform is needed for ADA compliance. Head said some parking will be lost; however, there is more on site than is required. The Boomerang is also under allowable floor area ratio. Paterson is asking for 2'6" by 17'4" in order to accommodate moving the laundry room to move it away from guest rooms. The present laundry room will be used for storage and folding of linens. There were no members of the public present to object to this variance request. Head closed public comments. DeLuca said it should be identified that the variance is going all the way to the top of the building, not just the elevator but the entire 17'4". DeLup said he does not have a problem with granting a variance for the elevator; the laundry room is not a hardship but a convenience. However, the way the building is designed, there would be little visual impact from this addition. DeLuca said he feels this is not the minimum variance. Erickson said he does not feel this variance is a problem. Iglehart agreed. 3 .~-_."-"..._.,,,--,-,.-I'-," "-d~- 11-' ''''I -, .-~_.__._._._....~--~---'---- Board of Afljustment August 21, 1997 Erickson moved to approve the request for a 2'6" rear yard setback over 17'4" length to allow for construction of an elevator and laundry facility at 500 West Hopkins, fmding that the review standards are met; seconded by DeLuca. Roll call vote; board members Iglehart, yes; Erickson, yes; DeLuca, yes; Schott, yes; Head, yes. Motion carried. Erickson moved to adjourn; seconded by Schott. All in favor, motion carried. Minutes transcribed by Kathryn Koch, City Clerk 1 4 County of Pitkin } } 55. State of Colorado } AFFIDA VIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATION SECTION 26.52.060 (E) I, CHArt LE.s -:PATcRs-oN ,being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail to all owners of property with three hundred (300) feet of the subject property, as indicated on the attached list, on the --B- day of Au 9 ,l99flwhich is 13 days prior to the public hearing date of o/ZYf7). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the g day of Av~. ,1997 (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. ~~ Signature Signe}leefore me this t-~ :J -f 1--/ I c/ day , ,1991by WITNESS MY HAND AND~QIAl, SEAL My commission expires: I J-t!/ q q I/so !{, (;~ nfAJ V' Not&~~ (j. ~ Notary Public's Signature RESOLUTION NO.Og Series of 1997 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97-08 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 500 WEST HOPKINS,ASPEN,COLORADO AND A LEGAL DESCRIPTION OF BLOCK 31 LOTS K,L,M,N,O,P,Q,R AND S. WHEREAS, Mr. Charles Paterson made application, dated August 6, 1997 to the Board of Adjustment for a variance from the dimensional requirements of Chapter 24 of the Aspen Municipal Code; and WHEREAS, this matter came on for hearing before the Board of Adjustment on August 21, 1997 and after full deliberations and consideration of the evidence and testimony 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: Mr.Charles Paterson on August 6,1997 for property with a street address of 500 West Hopkins, Aspen, Colorado. 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 24-6~ 205(E} (4}b) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 1111111111111111111111111111111111111111111111111111111 408741 09/23/1997 11,19A RESOLUTI DAVIS SILVI 1 0' 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO 3. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and Chapter 24 of the Aspen Municipal Code. 4. The grant of variance is the m1n1mum 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 24 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; to wit: The property is constrained by the non-conforming location of the existing structure. Section 2. Variance Granted. The Board of Adjustment does hereby grant the applicant the following variance from the terms of Chapter 24 of the Aspen Municipal Code: An 2 foot 6 inch rear yard setback variance, to allow for construction of an elevator and laundry facility at 500 West Hopkins. 2. 11111111111111111111111111111111111I1111111111111111111 408741 09/23/1997 11: 19A RESOLUTI DAVIS SILVI 20' 3 R 16.00D 0.00 N 0.00 PITKINCO COLORADO Section 3. Conditions Upon Which Variance is Granted. The variance granted by Section 2, above, is specifically conditioned upon and subject to the following conditions: 1. Unless vested as part of a development plan pursuant to Section 24-6-207 of the Aspen Municipal Code, the variance granted herein shall automatically expire after twelve (12) months from the date of approval unless development has been commenced as evidenced by the issuance of a building permit, or an extension granted by the Board in which case the variance shall expire at the end of the extension. 2. Applicant shall, prior to filing an application or a building permit, cause to be recorded with the Clerk and Recorder's Office of Pitkin County a copy of this resolution. INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 21st day of August, 1997: ~IJ.J - Acting 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. (f!f!i; ~ eputy C1tyClerk Approved as to form: D,y l"lt:. --.' ." ; ~,I ".t ...... _,~ ..~", .,~. i,....~ t i i',~ '-, ;" "'i f;~ /;. ,-) i"1. C, }.. I ~ ';11 '''; ~ J~~ ;.:" ,; tj C ' .', ,., j --l ._" 0..... . \:., \ J: .3. ~. ~.. .-' r- r, ;"--,", 1 11111I 11111 111111 11111 1111 11111 11II11111I<llfll illl' flil 408741 09/23/1997 11:19A RESOLUTI DAVIS SILVI 3 0' 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO ~ ......, ",.... ,--' t lii:1'1 Ct\