HomeMy WebLinkAboutresolution.boa.003.2021 RECEPTION#: 676591, R:$23.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3,05/14/2021 at 02:01:21 PM
RESOLUTION NO.3 Janice K.Vos Caudill, Pitkin County, CO
(SERIES OF 2021)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A
DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS LOTS N AND
O, BLOCK 46, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF
COLORADO,COMMONLY KNOWN AS 322 WEST HYMAN AVENUE
Parcel ID No:273512464005
WHEREAS,the Community Development Department received an application for 322 W Hyman
Avenue, (the Application)from Michael Behrendt Trust (Applicant),represented by Ezra Louthis,Aspen
Development Services 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 6,000 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 5' with a combined side yard minimum of 15'
• Rear Yard:Principal buildings: 10'. For the portion of a principal building used solely as a garage:
5'. Accessory buildings: 5'
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 1,2021,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, the Board of Adjustment finds that a hardship exists on the property and that it is
reasonable to grant the requested side yard setback variance as it relates to the existing development pattern
in the immediate neighborhood; and,
WHEREAS, during a duly noticed public hearing on May 6, 2021, the Board of Adjustment
approved Resolution 3, Series of 2021, by a 4 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:
322 West Hyman Avenue
• East Side Yard Setback: 0'for the construction of a roughly 7' replacement retaining wall on the
property line.
No other development other than grading and reconstruction of the retaining wall 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.
Board of Adjustment
Resolution No. 3, Series 2021
Page I of 3
Section 2•
Prior to construction of the new retaining wall, the Applicant shall apply for the appropriate building
permits. The retaining wall shall conform to all applicable Engineering and Parks Department standards.
The applicant shall provide a construction plan that demonstrates that the retaining wall can be constructed
without impacting the neighboring property or provide a construction agreement from the neighboring
property.
'Section 3•
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 4•
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 5•
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 6•
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. 3, Series 2021
Page 2 of 3
FINALLY,approved this 6th day of May,2021.
Approved as to form: Approved as to content:
Xamefs True,City Attorney ' Andrew Sandler,Chair
Attest:
L&k Q -
Wes Graham,Deputy City Clerk
Board of Adjustment
Resolution No. 3, Series 2021
Page 3 of 3