HomeMy WebLinkAboutresolution.boa.002.2021RECEPTION#: 676590, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
RESOLUTION NO.2 Pg 1 of 3, 05/1412021 at 02:01:20 PM
(SERIES OF 2021) Janice K. Vos Caudill, Pitkin County, CO
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A DIMENSIONAL
VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS ARROWHEAD APARTMENTS
CONDOMINIUMS, A CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP THEREOF
FILED•MARCH 12, 1981, IN BOOK 11 AT PAGE 26 AND FIRST AMENDMENT TO CONDOMINIUM
MAP '=1LED OCTOBER 1, 2007, IN BOOK 85 AT PAGE 22, AND THE AMENDED AND RESTATED
CONDOMINIUM DECLARATION FOR ARROWHEAD APARTMENTS CONDOMINIUMS RECORDED
OCTOBER 1, 2007 AS RECEPTION NO. 542588, COMMONLY KNOWN AS 520 S ORIGINAL ST.
Parcel ID No: 2737-182-58-800
WHEREAS, the Community Development Department received an application for 520 S
Original Street (the Application) from Arrowhead Condominiums Association (Applicant),
represented by Rally Dupps, Rally Dupps Architect, for the following land use review approvals:
• Variance, pursuant to Land Use Code Chapter 26.314; and,
WHEREAS, the subject property is zoned Multi -Family Residential (RMF) 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 — March 2, 2021, as applicable to this Project;
and,
WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public
hearing on April 15, 2021; and,
WHEREAS, during a duly noticed public hearing on April 15, 2021, the Board of
Adjustment approved Resolution No. 2, Series of 2021, by a 4 to 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 side yard variance request to reduce the
minimum side yard setback from 5' to 0' and to grant a rear yard variance request to reduce the
minimum rear yard setback from 5' to 0'. This variance shall only be applied to those
improvements reflecting the wildlife resistant trash and recycling enclosure displayed in Exhibit
A, Approved Site Plan. No other development shall be permitted in the amended side -yard and
amended rear -yard other than those permitted setback projections defined within Land Use
Code Subsection 26.575.020.E.5, Allowed Projections into Setbacks.
Board of Adjustment
Resolution No. 2, Series 2021
Page 1 of 3
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.
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 15th day of April, 2021.
Approved as to form: Approved as to content:
i d ..e-
Katharine Johnson, Assistant City Attorney
Attest:
Nicole Henning, City Clerk
Attachments:
Exhibit A: Approved site plan
Andrew Sandler, Chair
Board of Adjustment
Resolution No. 2, Series 2021
Page 2 of 3
Exhibit A: Approved Site Plan
TIIN
-- gos —r—�
S75109'77'E
90.00 — — — —
gums
IOW nr
® > yr1U;a4eR [tw
Board of Adjustment
Resolution No. 2, Series 2021
Page 3 of 3
r