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Home My WebLink Aboutresolution.boa.01.2025111111111111111111111111111111111111111111111111111111111111111111111111111 RECEPTION#: 708423, R: $38.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 6, 03/25/2025 at 09:15:22 AM Ingrid K. Grueter, Pitkin County, CO RESOLUTION #01 (SERIES OF 2025) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING DIMENSIONAL VARIANCES FOR THE PROPERTY COMMONLY KNOWN AS 628 MCSKIMMING ROAD, LEGALLY DESCRIBED AS: LOT 5, BLOCK 3, ASPEN GROVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 3, 1963 IN PLAT BOOK 2A AT PAGE 291 AS RECEPTION NO. 116127, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID #: 2737-172-01-009 WHEREAS, the Community Development Department received an application for 628 McSkimming Road, (the Application) from East Aspen Riverhouse, 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 23,741 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 9th, 2024, as applicable to this Proj ect; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on March 6th, 2025; 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 March 6th, 2025, the Board of Adjustment approved Resolution #01, Series of 2025, by a four to zero (4 — 0) vote, granting approval for Dimensional Variance Review, as identified herein. NOW, THEREFOREBE IT RESOLVED BY THEBOARD OF ADJUSTMENT CITY OF ASPEN, 1 O'A!O THAT: 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 the following dimensional variances, as displayed in Exhibit A, approved site plan and renderings: 628 McSkimming Road • Front Yard Setback: 1.5' for construction of retaining walls for the driveway (where 30' is required). 628 McSkimming Road BOA Resolution #01, Series 2025 Page 1 of 6 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 the construction of the new retaining walls and 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 Engineering Department Conditions of Approval are listed below: 1. The second driveway/access point must be eliminated 2. Curb cuts should be a maximum of 18 ft. wide when serving a two -car garage. A variance be required if this cannot be achieved. 3. The eventual utility easement abandonment will require a letter from all utility providers authorizing abandonment of the easement. 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 Existins! Litis!ation: 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 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 Severabil 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. 628 McSkimming Road BOA Resolution #01, Series 2025 Page 2 of 6 FINALLY, approved this 6 th day of March, 2025. Approved as to form: Ka+lrllnrinp. Johnso S sistant City Attorney Attest: kfike SzrDeputy City Clerk Exhibits: Exhibit A: Approved Site Plan and Renderings Approved as to content:, Ai)rdyew Sandler, Chair 628 McSkimming Road BOA Resolution #01, Series 2025 Page 3 of 6 Exhibit A: Approved Site Plan and Renderings 30' front yard setback where retaining walls will be located 27N -low" Aar W-1 4Af 1�; 177.* , \tj f r ----------- jg� o t� 1< �Z 7? 01 In ilk, r1 f T-2 t4 if 628 MeSkimming Road BOA Resolution #0L Series 2025 Page 4 of 6 Portions of retalmng wans tnat ww De iocatect wluim ine ju- seTDacK 24 Awl 22 20 1. 9 U1 VDW t 1,000— I5p;AT--- is `71 -- — --------- - �14- 17 u1n11 0000001100 ,01 to V' FP� )400,00 ap; 0 44t. 9 628 McSkimming Road BOA Resolution #01, Series 2025 Page 5 of 6 Driveway sections with retaining wall elevations ME------- END UP E04 MY1 ?.11"; T EXISTIM5 GPADE Z Mfltf 5CALE DRIVEWAY SECTION I DRIVEWAY SECTION 3 y� } =� �G Via' r. C-N 005 DRIVEWAY SECTION 2 DRIVEWAY SECTION 4 TU TIEV-, 5225 5 WN Uv� 32,12 0 if 4 ---------- -i� 4 AIM) � 014 41 7114-0 VW f:10 I I0 LM b2u�Ul F�-O 0 - 00 DRIVEWAY SECTION 5 6. Non DRIVEWAY SECTION 6 DRIVEWAY SECTIONI 7 628 McSkimmina Road BOA Resolution #01., Series 2025 Page 6 of 6