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Home My WebLink Aboutresolution.boa.003-2023Illlllllllllllllllllllllllllllllllllllfllllllllllllllllllllllllllllllllllll RECEPTION#: 698438, R: $33.00, D: $0.00 DOC CODE: RESOLUTION RESOLUTION #03 Pg 1 of 6, 10/30/2023 at 11:34:23 AM (SERIES OF 2023) Ingrid K. Grueter, Pitkin County, CO A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING DIMENSIONAL VARIANCES FOR THE PROPERTY COMMONLY KNOWN AS 782 MCSIIIVIIVIING ROAD, LEGALLY DESCRIBED AS: LOT 12, BLOCK 3, ASPEN GROVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEM 3ER 3,1963 IN PLAT BOOK 2A AT PAGE 291 AS RECEPTION NO.116127, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID No: 273717201002 WHEREAS, the Community Development Department received an application for 782 McSkimming Road, (the Application) from Daniel Baker; Red Table Initial LLC. (Applicant), represented by Chris Bendon, BendonAdams, for the following land use review: Variance: pursuant to Land Use Code Chapter 26.314, WHEREAS, the subject property is within the R-15B zone district is 24,467 square feet in size, and requires compliance with the following minimum setback dimensions: ■ Front Yard: 30' • Side Yard: 5' ■ Rear Yard: Residential Dwellings: 10', Accessory buildings and all other 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 — January 13, 2023, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on June 1, 2023; and, WHEREAS, the Board of Adjustment finds that a hardship exists on the property and that it is reasonable to grant a front yard setback variance; and, WHEREAS, during a continued duly noticed public hearing on July 61, 2023, the Board of Adjustment approved Resolution #03, Series of 2023, by a four to zero (4 - 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 I Variance: 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: 782 McSkimming Road ■ Front Yard Setback: 15' for construction of a single-family residence (where 30' is required). No other development other than grading as represented shall be permitted within established R-15B setbacks other than those projections defined within Land Use Code Subsection 26.575.020.E.5, Allowed Projections into Setbacks. Section 2 Referral Departments: 782 McSkimming Road BOA Resolution #03, Series 2023 Page 1 of 5 Prior to construction of the new single-family residence, the Applicant shall apply for the appropriate building permits. All calculations will be further reviewed at time of building permit submittal. The site drainage shall comply with all rules and regulations as deemed necessary by the Engineering Department. The driveway shall meet width, grade, and other driveway requirements laid out in the Engineering Standards. All proposed retaining walls over 4' need to be stamped by a Structural Engineer. The applicant shall work with the Engineering Department and Water Distribution team on the application of the widened water line easement and shall conform will all current AWWA and CDPHE standards (see Exhibit B — Engineering Department Memo). This includes but is not limited to the following: 1. The applicant shall ensure that all appropriate parties give written approval for the abandonment of the utility easement. 2. The applicant shall coordinate with the Water Distribution team about the proposed grading within the water utility easement. 3. No other development besides the driveway shall be permitted within the water utility easement. Section 3 Material Representations: A 11 material representations and comet itments 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 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 S Expiration: 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 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. FINALLY, approved this 61 day of July, 2023. Approved as to form: Katharine Johns p , Assistan C Attorney Mike`Sear�/Deputy City Approved as to "Me ndrew Sandler, Chair 782 McSkimming Road BOA Resolution #03, Series 2023 Page 2 of 5 Exhibits: Exhibit A: Approved Site Plan and Renderings Exhibit B: Engineering Department Memo 782 McSkimming Road BOA Resolution #03, Series 2023 Page 3 of 5 Exhibit A: Approved Site Plan and Renderings WE PLAN OPTION; MOVE STRUCTURE DOWNHILL AND TWO AREA OF STRUCTURE WITHIN 30 FT. 5 FT BUILDING FEET LOWER TO ELEV. SETBACK-APPROX. 480 SQ.-FT. SETBACK 8299. THIS WOULD )NOT INCLUDING OVERHANGS) �,i ALLOW REDUCTION FLOOR PLAN IS CONCEPTUAL l TO DRIVEWAY SLOPE AND MAY CHANGE IN SIZE AND CONFIGURATION OVER TIME. PROPERTY LINE _ P'L A?a SHOWN IS INDIC Ai IV OF + DESIGrt INTENT ANo MAY BE � ` r "»" +nr s•M ADJUSTED TO ACCOMMODATE ` y ! TECHNICAL CONSIDERATIONS PRIOR TO BUILDING PERMIT SUBMISSION THE AREA SHOWN IS3 INFORMATIONAL AND NOT T- - INTENDED TO CREATE A LIMITATION. .. ,� - a F up tx. [Aifr PROPERTY LINE` 1 `1 ..inn m••...„•..... `.`-f� �COURT •••1 ly AUl , IS FTRGMror 1Vz Imo`' 1^ 30FT, sETE.. War AI 11 � i — 15 FT. SETBA I mil' ---� �nr IS FI FROMN. i J � ` � w,wbr•. Mr•�l 1 SETBACKOW )i 0,1 0 IF. i L S FT BuaaNc ; s FT u um SEIBACE \_ T EASIMEN1 f scDRNEWArsLOPE REQUIRED WITH 15FT FRONT YARD SETBACK ( DRIVEWAY WILL BE POSSIBLE) f a. { {` F � II ]ham E s EI LFN r MfN FASf1 MAIN LEVELPLAN • ,�/I r t•� A AA iI l • / ` f// �CKISII W MARCD - SET BUUfNNG\ DfivEwAY •'�f SETBAC: \ NEIGHBOR DRIVEWAY 782 McSkimming Road BOA Resolution #03, Series 2023 Page 4 of 5 Exhibit B: Engineering Department Memo i�11// MEMORANDOM �Ii�►� C11 Y OF ASPEN TO: Jeffrey Barnhill, Jeff rey.barnhill@aspen.gov Community Development Department FROM: Kyla Smits, kyla.smits@aspen.gov Engineering Department DATE: March 9, 2023 SUBJECT: Engineering Department Referral Comments PROJECT: LPA-23-003, 782 McSkimming Road COMMENTS: These comments are not intended to be exhaustive, but an initial response to the Land Use application submitted for review. Other requirements may be requested at time of permit. 1. Ensure all appropriate parties give written approval for the abandonment of the utility easement. This includes any HOA, all utility companies, and any other entity with legal right to use the easement. Must be provided before approval of abandonment can be given at Land Use. 2. The Water Distribution team is in favor of a wider easement along the main water line to the tank. a. Retaining walls, drainage infrastructure, and other development besides the driveway will not be permitted within the water utility easement. b. Generally, snowmelted driveways are not permitted within water utility easements. c. Per current AWWA and CDPHE water standards, water tanks must have vehicle access. Coordinate with the Water Distribution team about all proposed grading within the water utility easement. d. At minimum, grading within the utility easement cannot be made worse or decrease access for the water utility department. e. The Water Distribution team is amenable to an onsite meeting to discuss further options for grading, access, and other compliance requirements within the easement before the Land Use case presentation. 3. The proposed driveway must meet width, grade, and other driveway requirements laid out in Engineering Standards. a. The shared access easement portion of the driveway will need to be submitted for a formal variance following Title 29. The approval of a variance to let the shared access easement to remain out of compliance will be dependent on approval from the Fire District, Engineering, and any other appropriate entities. b. The portion of the driveway not in the access easement and that is entirely on private property must come into compliance with all Engineering Standards. c. If the entirety of the driveway is going to remain out of compliance due to grading requirements within easements, a formal variance will need to be submitted with the same conditions listed as in point A. d. Request for submittal of a variance is not a guarantee for approval. Further information will be required to give a decision on a variance request. 4. All proposed retaining walls over Oft need the stamp of a Structural Engineer. PI SLA. A\Wn CC7 sI f, I i Pl o'k'. 0'fi 4M SW(I a4-L.n µvs 782 McSkimming Road BOA Resolution #03, Series 2023 Page 5 of 5