HomeMy WebLinkAboutresolution.boa.001-2024�SOI.UTION #O1
(SERIES OF 2024)
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RECEPTION#: 701086, Ron$23.00, Dun$0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 03/11/2024 at 01:14:14 PM
Ingrid K. Grueter, Pitkin County, CO
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A DIMENSIONAL VARIANCE FOR THE PROPERTY COMMONLY KNOWN AS 16
AJAX AVENUE,• DESCRIBED AS@ LOT' RUN MOBILE
LLLL1 PARK SUBDIVISION,1'1 1 THE PLAT RECORDED JANUARY
1983 IN PLAT BOOK 14 AT PAGE 27, AND FIRST AMENDED PLAT OF SMUGGLER
RUN SUBDIVISIONRECORDED Di ' 21, 2010 IN BOOK 95 AT PAGE 57,
COUNTYOF PITKIN, STATE OF COLORADO.
Parcel ID No: 2737-074-09-708
WHEREAS, the subject property is in the High -Density Residential (R-3) Zone District
and is improved with an existing non -conforming single-family dwelling located within the five
(5) foot side -yard setback along the northwest property line.
WHEF�EAS, the Community Development Department received an application for 16 Ajax
Avenue, (the Application) from Brittany Shami and Thomas Menas (Applicant), represented by
Sara Adams, BendonAdams, requesting a setback variance pursuant to Land Use Code Chapter
26.314, to redevelop the property with a single-family dwelling; 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 — November 7, 2023, as applicable to this Project,
and,
WHEREAS, during a duly noticed public hearing on January 11 th, 2024, the Board of
Adjustment reviewed the application and approved Resolution 4O1, Series of 2024, by a four to
zero (4 on0) vote, granting approval for Dimensional Variance Review, as identified herein.
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Section 1 Variance:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Board of Adjustment hereby grants a four and a half (4.5) foot side yard setback variance along
the northwest property line, reducing the setback requirement from five (5) feet to six (6) inches
to redevelop the property as represented in Exhibit A.
No other improvements shall be permitted within established setbacks other than those projections
defined within Land Use Code Subsection 26.575.020.E.5, Allowed Projections into Setbacks.
Section 2 Referral Departments
The Applicant shall apply for all applicable building permits prior to redevelopment. The
following conditions apply at the time of building permit.
Engineering:
16 Aj ax Avenue
BOA Resolution #04, Series 2024
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• The site drainage must comply with all rules and regulations as deemed necessary by the
Engineering Department; and,
• The site must be brought into stormwater compliance; and,
• If a drywell is to be used, it must be located 10' away from any foundation or property line;
"JUL
• A Smuggler Superfund Soil removal permit is required for any excavation dirt removed
from the property.
Parks
• Parks approval of the requested tree removal on 14 Ajax Avenue (neighboring parcel to
the northwest) is contingent upon receiving written permission from the property owner of
14 Ajax Avenue and the granting of a setback variance. on the northwest property line of
16 Ajax Avenue.
Zoning:
• All calculations will be reviewed at building permit; and.
• If a roof or other projection is proposed to overhang onto 14 Ajax Avenue (neighboring parcel to
the northwest), an encroachment license is required between the applicant and 14 Ajax Avenue.
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, 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 26.314.0�0, the subject variance shall expire 12 months from
the date of the approval unless development has corrimenced as illustrated by the submission of a
building permit or an extension is granted. The subject variance is not aSite-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
hAd 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 11 th day of January, 2024.
16 Aj ax Avenue
BOA Resolution #04, Series 2024
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Approved as to form:
Katharine Johns
t sistant Ciy Attorney
ear, Deputy City Clerk
Exhibits
Exhibit A: Approved Site Plan
Exhibit B: Variance Review Criteria,
Staff Findings
Andrev�
Approved as to content:
0
16 Aj ax Avenue
BOA Resolution #04, Series 2024
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