HomeMy WebLinkAboutminutes.boa.19940504 BOARD OF ADJUSTMENT ORDER
THIS MATTER, having come before the City of Aspen Board of
Adjustment on April 28, 1994 , at a duly constituted meeting of the
Board of Adjustment pursuant to Section 12-101, et sec . , of the
Municipal Code of the City of Aspen, and the Board of Adjustment
having heard the testimony and reviewed the evidence submitted to
it, the Board of Adjustment makes the following findings:
1. Reasonable notice of the hearing was provided by
publication, public posting and mailing to known interested
parties.
2 . This was an action instituted as an appeal of the
issuance of a stop work order by the Aspen/Pitkin County Building
Department to Joseph McCoy, Lillian McCoy and McCoy Creative
Construction and Interiors, Inc. (the "McCoys") , for the
construction of a single-family residence at 332 West Smuggler
Street, Aspen, Colorado. This stop work order was issued on
April 19, 1994 . The validly-issued building permit was issued to
the McCoys for the construction of this single-family home on
January 26, 1994, and all appropriate fees and approvals were
received prior to the issuance of that permit.
3 . Subsequent to the issuance of the aforementioned building
permit, it was discovered, pursuant to a citizen's complaint, that
the height of the flat roof in the rear portion of the roof
structure would have a finished elevation in excess of the 25-foot
height limitation, apparently violating Section 5-201 (d) (7) of the
City of Aspen Municipal Code. The McCoys instituted an appeal of
this stop work order in a timely manner on April 21, 1994 , in
accordance with Section 12-101 (C) of the Municipal Code of the City
of Aspen.
4 . Pursuant to the authority in Section 4-301 (B) of
Chapter 24 of the Municipal Code, the Board of Adjustment further
finds:
(A) After issuance of the building permit on January 26,
1994 , the McCoys relied on the issuance of the permit and
substantially changed their position and incurred extensive
obligations in reliance thereon, in that it would cost in
excess of $50, 000. 00 to redesign and reconstruct the home in
order to eliminate the violation of the roof height
limitation;
(B) It would be highly inequitable and unjust under the
circumstances to prevent construction of the improvements
authorized by the building permit, given that the building
permit was validly issued and that the McCoys built in
conformance with the building permit; and
(C) There was no evidence presented at the hearing held
on April 28, 1994 as to any tangible injury suffered by any
Board of Adjustment Order
May 4 , 1994
Page 2
individual or entity if the McCoys were allowed to proceed
with this single-family residence, as permitted.
It is therefore the order of the Board of Adjustment, pursuant
to Section 12-101 (E) of the Municipal Code of the City of Aspen,
that the stop work order issued by the City of Aspen/Pitkin County
Building Department is hereby reversed, and the McCoys may proceed
to complete the project pursuant- to the building permit issued to -
them on January 26, 1994, by the Aspen/Pitkin County Building
Department.
Dated this day of 1994 .
BOARD OF ADJUSTMENT
Y
Chairman
agreemen\board.ord