HomeMy WebLinkAboutresolution.BOA.005-19 RESOLUTION NO.5
(SERIES OF 2019)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING
DIMENSIONAL VARIANCES FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 1,
SUNNY PARK SUBDIVISION,COMMONLY KNOWN AS 333 PARK AVENUE
Parcel ID No:273718100017
WHEREAS, the Community Development Department received an application for 333 Park
Avenue, (the Application) from BMH Investments LTD. (Applicant), represented by Sara Adams of
BendonAdams, 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 10,418 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 36' on both sides
• Rear Yard: Principal buildings: 10'. For the portion of a principal building used solely as a garage:
5'. Accessory buildings: 5'
• There also exists a Top of Slope 15' setback that further constrains the lot and a progressive 45-
degree height limit from Top of Slope.
WHEREAS,all code citation references are to the City of Aspen Land Use Code in effect on the
day the application was deemed complete—September 30`",2019, as applicable to this Project;and,
WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing
on November 14"',2019; and,
WHEREAS, the Board of Adjustment finds that a hardship exists on the property and that it is
reasonable to grant side yard setback variances that relate to the existing development pattern in the
immediate neighborhood; and,
WHEREAS, during a duly noticed public hearing on November 14"', 2019, the Board of
Adjustment approved Resolution 5, Series of 2019, by a 5 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:
333 Park Avenue
• Front Yard Setback Variance: 6"setback for construction of a new single-family residence
• NW Side Yard Setback Variance: 10' setback for construction of a new single-family residence
• SE Side Yard Setback Variance: 5' setback for construction of a new single-family residence
• Combined Side Yard Setback Variance: 15' combined setback for construction of a new single-
family residence.
1111111111111111111111111111 II I III 11111111111$1111111 II 111 Board of Adjustment
RECEPTION#. 660895, R: $23.00. D SO 00 Resolution No. 5, Series 2019
DOC CODE. RESOLUTION Page 1 of
Pg 1 of 3. 12103/2019 at 02:11:34 PM
Janice K. Vos Caudill, Pitkin County, CO
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.
Section 2•
Prior to construction of the new single-family residence, the Applicant shall apply for the appropriate
building permits.The site drainage shall comply with all rules and regulations as deemed necessary by the
Engineering 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. If trees are
impacted on neighboring lots, the Applicant shall receive homeowner approval and apply for and receive
tree dripline excavation permits.
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. 5, Series 2019
Page 2 of 3
FINALLY,approved this 14`x'day of November,2019.
Approved as to form: Approved as to content:
ZmesTrue,City Attorney Andrew Sandler,Chair
Attest:
1-7inda Manning,City Clerk
Board of Adjustment
Resolution No. 5, Series 2019
Page 3 of 3