HomeMy WebLinkAboutresolution.boa.004.2022RECEPTIONM 693423, R: $28.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 4, 03/02/2023 at 11:10:12 AM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION NO. 04
(SERIES OF 2022)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING
A SETBACK VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS LOT K
AND THE WESTERLY V2 OF LOT L, BLOCK 106, CITY AND TOWNSITE OF ASPEN,
PIKTIN COUNTY, COLORADO, COMMONLY KNOWN AS 424 SOUTH SPRING
STREET, ASPEN, CO 81611
Parcel ID No: 2737-182-42-002
WHEREAS, the subject property is located within the Neighborhood Commercial (NC)
zone district and is improved with a two-story commercial building containing various businesses,
WHEREAS, several improvements including but not limited to a trash enclosure, backup
generators, storage lockers, and refrigeration equipment currently encroach into the east -side five
(5) foot setback of the property,
WHEREAS, pursuant to Land Use Code Section 26.575.020.e.5.k, Allowed Projections
into Setbacks, heating, air conditioning, and similar mechanical equipment located within a setback
may not exceed thirty (30) inches vertically above finished grade and storage sheds, containers, or
lockers are prohibited within setbacks; and,
WHEREAS, the Community Development Department received an application for 424 S.
Spring Street, (the Application) from AMS Enterprises, Inc. c/o Jack Frey, President & Sole Owner
(the Applicant), represented by John D. LaSalle, attorney, for the following land use review
approvals:
• Setback Variance: pursuant to Land Use Code Chapter 26.314, to maintain existing and
future improvements within the east side setback for the function of adjacent businesses;
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 — September 19, 2022, as applicable to this
Project; and,
WHEREAS, during a duly noticed public hearing on December 1, 2022, the Board of
Adjustment reviewed the Application and approved Resolution 04, Series of 2022, by a four to
zero vote (4-0), granting approval for Dimensional Variance Review, as identified herein.
Board of Adjustment
Resolution No. 04, Series 2022
Page 1 of 4
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE
CITY OF ASPEN, COLORADO THAT:
Section 1: Conditions of Approval
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Board of Adjustment hereby approves a five (5) foot setback variance, reducing the required
setback from five (5) feet to zero (0) feet, pursuant to the following conditions:
The footprint for which improvements may be located now and in the future is depicted in
Exhibit A of this memo.
a. Improvements located within the setback shall be limited to those required for the
basic function of the businesses on the property. No portion of the setback area may
be enclosed in manner that increases Floor Area pursuant to Title 26.
b. Except for the roof overhang, and entry gates, all other improvements shall not
exceed six (6) feet in height as measured from finished grade.
c. A minimum of two (2) feet of unobstructed access shall be maintained within the
subject area.
Section 2: Material Representations
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: Existing Litigation
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: Severability
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. 04, Series 2022
Page 2 of 4
APPROVED, by the Board at its meeting on December 1, 2022.
Approved as to form:
James R. True, City Attorney
Attest:
Cindy Mob, Records Manager
Approved as to content:
Andrew Sandler, Chair
Board of Adjustment
Resolution No. 04, Series 2022
Page 3 of 4
Exhibit A I Approved Location For Existing & Future Improvements
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Board of Adjustment
Resolution No. 04, Series 2022
Page 4 of 4