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HomeMy WebLinkAboutFile Documents.546 McSkimming Rd.0190.2019 (24).ARBKRESOLUTION NO. 01 SERIES OF 2019) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 3, BLOCK 3, ASPEN GROVE SUBDIVISION, COMMONLY KNOWN AS 546 MCSKIMMING ROAD. Parcel ID No:273-718-102-002 WHEREAS, the Community Development Department received an application for 546 McSkimming Road (the Application) from Karing LLC (Applicant), represented by Colleen Loughlin, Zone 4 Architects, for the following land use review approvals: Variance, pursuant to Land Use Code Chapter 26.314; and, WHEREAS, the subject property is zoned Medium Density Residential (R-15B) 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 —April 11, 2019, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on June 6, 2019; and, WHEREAS, during a duly noticed public hearing on June 6, 2019, the Board of Adjustment approved Resolution 01,Series of 2019, by a 6 to 0(6-0)vote,granting approval for a 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 a front yard variance request to reduce the minimum front yard setback from 30' to a varying 0' to 19'. This variance shall only be applied to those improvements reflecting the driveway expansion and single retaining wall as displayed in Exhibit A, Approved Site Plan. No other development shall be permitted in the amended front- yard other than those permitted setback projections defined within Land Use Code Subsection 26.575.020.E.5, Allowed Projections into Setbacks. Section 2: 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. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIBoard of Adjustment Resolution No.01, Series 2019 RECEPTION#: 657259, R: $23.00, D: $0.00 Page 1 of 3DOCCODE: RESOLUTION Pg 1 of 3,07/15/2019 at 11:38:04 AM Janice K. Vos Caudill, Pitkin County, CO 08/08/2019 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. FINALLY, approved this 6th day of June, 2019. Approved as to form:Approved as to content: J—a ks F. -Trge) A-f+toey Andrew Sandler, Chair erAtt : I Linda Manning, City Clerk Attachments: Exhibit A: Approved Site Plan Board of Adjustment Resolution No.01, Series 2019 Page 2 of 3 08/08/2019 Exhibit A: Approved Site Plan Z O N ir LU Ar, ry NNI. D-------•--------- c--- i'// w w a u oEu j U' fw 1 i Z YN U i Y U9 J f 01 ARCHITECTURAL SITE PLAN 1A, 1'v ARCNITECTUR AL SITE PLAN 1 A101 Board of Adjustment Resolution No.01, Series 2019 Page 3 of 308/08/2019