HomeMy WebLinkAboutresolution.boa.002.2022RECEPTION#: 693421, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
RESOLUTION #02 Pg 1 of 3, 03/02/2023 at 11:10:10 AM
(SERIES OF 2022) Ingrid K. Grueter, Pitkin County, CO
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING
DIMENSIONAL VARIANCES FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 1,
SPRUCE STREET SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED DULY 15,
1985 IN PLAT BOOK 17 AT PAGE 46, COMMONLY KNOWN AS 560 SPRUCE STREET.
Parcel ID No: 273707418001
WHEREAS, the Community Development Department received an application for 560 Spruce
Street, (the Application) from Aspen Spruce LLC. (Applicant), represented by Chris Bendon 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 3,982 square feet in size,
annexed subsequent to January 1, 1989, and requires compliance with the following minimum setback
dimensions:
■ Front Yard: Principal buildings 10' and Accessory buildings 15'
• Side Yard: minimum 10' for a total of 20' combined side yard setback
• 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 — December 17"', 2021, as applicable to this Project; and,
WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing
on September 80', 2022; and,
WHEREAS, the Board of Adjustment finds that a hardship exists on the property and that it is
reasonable to grant setback variances that relate to the existing development pattern in the immediate
neighborhood; and,
WHEREAS, during a duly noticed public hearing on September P, 2022, the Board of Adjustment
approved Resolution #02, Series of 2022, by a 6 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:
560 Spruce Street
• Front Yard Setback Variance: 5' setback.
• N Side Yard Setback Variance: 7" setback to legalize existing improvements on site.
• S Side Yard Setback Variance: 1' 1" setback to legalize existing improvements on site.
• Combined Side Yard Setback Variance: 1' 8" setback to legalize existing improvements on site.
• Rear Yard Setback Variance: 0' setback to legalize existing improvements on site.
Board of Adjustment
Resolution #02, Series 2022
Page 1 of 3
Other than the existing improvements shown on Exhibit A attached hereto, no other development shall be
permitted within established R-6 setbacks other than in the front yard 5' setback and those projections
defined within Land Use Code Subsection 26.575.020(e)(5), Allowed Projections into Setbacks.
Section 2•
The site drainage shall comply with all rules and regulations as deemed necessary by the Engineering
Department.
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, 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•
The subject variance shall expire three (3) years after the date of approval. 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.
ATTACHMENTS:
Exhibit A — Approved Site Plan and Setbacks
FINALLY, approved this 81" day of September, 2022.
Approved as to form: Approved as to content:
Katliarine Johnso st. City Attorney Andrew Sandler, Chair
Attest:
Sear, Deputy City Clerk
Board of Adjustment
Resolution 402, Series 2022
Page 2 of 3
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