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Home My WebLink Aboutresolution.boa.004-2023RESOLUTION #04 (SERIES OF 2023) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING DIMENSIONAL VARIANCES FOR THE PROPERTY COMMONLY KNOWN AS 258 ROARING FORK DRIVE, LEGALLY DESCRIBED AS: LOT 26, EASTWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED ON DUNE 2391969, IN PLAT BOOK 4 AT PAGE 4 AND AMENDMENT NO.1 TO THE EASTWOOD SUBDIVISION RECORDED AUGUST 30, 1991 IN PLAT BOOK 27 AT PAGE 37, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID No: 273718120016 WHEREAS, the Community Development Department received an application for 258 Roaring Fork Drive, (the Application) from Susan Okie & Scott Lindenau (Applicant), represented by Chris Bendon, BendonAdamsfor 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 15,430 square feet in size, and requires compliance with the following minimum setback dimensions: • Front Yard: 3 0' • 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 — December 13, 2022, as applicable to this Project; and, WHEREAS, the Board of Adjustment continued the Application at a duly noticed public hearing on June 1, 2023, and July 6, 2023; and, WHEREAS, during a duly noticed public hearing on August 3, 2023, the Board of Adjustment approved Resolution #04, Series of 2023, by a four to zero (4-0) vote, granting approval for Dimensional Variance Review, as identified herein, and; WHEREAS, at the next regular meeting, on December 7, 2023, the Board of Adjustment reconsidered its approval of Resolution #04, Series of 2023 pursuant to the Agreement and Stipulation to Amend Section 5 of the Board of Adjustment's Resolution 404, Series of 2023 to Reflect the Correct Expiration Period; WHEREAS, the Board of Adjustment finds that a hardship exists on the property and that it is reasonable to grant front yard setback variances that relate to the existing development pattern in the immediate neighborhood; and, WHEREAS, the Board of Adjustment further finds that good cause exists to extend the expiration period of the variance by an additional twelve (12) months; and, WHEREAS, during a duly noticed public hearing on December 7, 2023, the Board of Adjustment A Resolution #04, 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 1 Variance: � IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIIII IIIII IIIII IIII IIIII IIII RECEPTION#: 699180, R: $38.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 6, 12/11/2023 at 11:13050 AM Ingrid K. Grueter, Pitkin County, CO 258 Roaring Fork Drive BOA Resolution #04, Series 2023 Page 1 of 6 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: 258 Roarin4 Fork Drive • Front Yard Driveway Height Setback: 0' (where 30' is required)* • Front Yard Setback for the Garage Structure: 5' (where 30' is required) • Front Yard Setback for the Existing Residence: 19' for existing 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: Prior to construction of the new detached garage with basement level studio space, the Applicant shall apply for the appropriate building permits. All calculations will be further reviewed at time of building permit submittal. The applicant shall comply with all rules and regulations as deemed necessary by the Engineering, Parks, and Zoning Departments upon review of the building permit submittal. Section 3 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 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 5 Expiration: Pursuant to Land Use Code Section 26.314.070, the Board of Adjustment grants Applicant's request to extend the expiration of this variance from twelve (12) months to twenty-four (24) months from the date of approval unless development has been commenced as illustrated by the submission of a building permit. The date of approval shall be the date this Resolution was signed. 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 7t1i day of December, 2023. 258 Roaring Fork Drive BOA Resolution #04, Series 2023 Page 2 0f 6 Approved as to form: JohnsgjAssistant City Attorney Exhibits: Exhibit A — Approved Site Plan & Elevation Approved as to content: Andrew Sandler, Chair 258 Roaring Fork Drive BOA Resolution #04, Series 2023 Page 3 of 6 w ::-.c ' .� goPoo 6 \ •� \\ a \ \ go No •'' / •. , 1 to �\ o .. �\t; �y1t11tt \ �� 1 ' It11\`1tt 1, 1 .:.:66 1 1foo �111111y`�, 1 v t►tt11ta1tA ,; : �,, ► 1 �y 11 1 1. 1 t O. '.> ..g,: , .. . ' • • ",111111,►t''+t 1 ty 1yt111� c • • .i' • ' �:',,. • : 1, �' y 1 11\t1,�;lt1t`` t 111\ ' a� ` • 9 t' go Ct 11\t1111t111 tl�� tt1 �1 t11t`\ 1 \ • 44 tl t 11Z1�1 111 �111t 11►� IF 01 to � y 11R`1t1111�` •' , � y 11 1\ \ 1 1tt\ t11op JY yY / / 1 � / / i / / , 1 1 1 1 y 11 y1 1 Y y 1 IF ?? 1 t 1 / Ago 1111 :1 or AF / / loopMP \\ \\\ \\\ :: of \ \ -/' / / \ \ \ or Ap got 000 \\ \\, b!J cd \ / � ] t