HomeMy WebLinkAboutresolution.boa.001-98 RESOLUTION NO.1
Series of 1998
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 98-02
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
702 WEST MAIN STREET, AND A LEGAL DESCRIPTION OF BLOCK 18, LOT S
AND THE 10 EASTERLY FEET OF LOT R, ASPEN, COLORADO,
WHEREAS, Mr. Mark Pearson has made application, dated
February 27, 1998 to the Board of Adjustment for a variance from
the dimensional requirements of Chapter 24 of the Aspen Municipal
Code; and
WHEREAS, this matter came on for hearing before the Board of
Adjustment on March 26, 1998 and after full deliberations and
consideration of the evidence and testimony presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of
fact:
1. A development application for a variance was initiated
by Mr. Park Pearson for a property with the street address of
702 West Main Street, Aspen, Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 24-6-
205(E) (4)b) of the Aspen Municipal Code. Evidence of such
notice is on file with the City Clerk.
3. The grant of variance will be generally consistent with
the purposes, goals, objectives, and policies of the
Aspen Area Comprehensive Plan and Chapter 24 of the
Aspen Municipal Code.
I IIIIII IIIII IIIIII IIIIII III IIIII IIIIIII III IIIII IIII IIII
420098 07131/1988 10:50A RE$OLUT! DAVZS SZLV!
1 o~ 3 R 16.08 D 0.00 N 0.00 PZTKZH COUNTY CO
%. The grant of variance is the minimum variance that
will make possible the reasonable use of the parcel,
building or structure.
5. The literal interpretation and enforcement of the
terms of Chapter 24 of the Aspen Municipal Code
would deprive the applicant of rights commonly enjoyed
by other parcels in the same zone district, and would
cause the applicant unnecessary hardship or practical
difficulty. In determining that the applicant's rights
would be deprived absent a variance, the Board
considered certain special conditions and circum-
stances which are unique to the parcel, building or
structure, which are not applicable to other parcels,
structures or buildings in the same zone district and
which do not result from the actions of the applicant~
to wit:
There are special conditions that are unique to the parcel in
that the property is constrained by both the nonconforming
location of the existing structures and the nonconforming
narrow lot width.
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 24 of the Aspen
Municipal Code:
A one foot two inch east side yard setback variance and a
twelve foot rear yard setback variance at 702 West Main
Street, to allow for construction of a two story addition and
a carport.
I IIIIII IIIII IIIIII IIIIII III IIIII IIIIIII III IIIII IIII IIII
420098 07/31/1998 10:501:1 RE$OLUTX DAVX$ $XLVX
2 o+' 3 R 18.0e D e.oe N 0.e0 PXTKXN COUNTY CO
Section 3. Conditions Upon Which Variance is Granted.
The variance granted by Section 2, above, is specifically
conditioned upon and subject to the following conditions:
1. Unless vested as part of a development plan pursuant to
Section 2%-6-207 of the Aspen Municipal Code, the variance granted
herein shall automatically expire after twelve (12) months from
the date of approval unless development has been commenced as
evidenced by the issuance of a building permit, or an extension
granted by the Board in which case the variance shall expire at
the end of the extension.
2. Applicant shall, prior to filing an application for a
building permit, cause to be recorded with the Clerk and
Recorder's Office of Pitkin County a copy of this resolution.
3. The carport may not be converted to & garage at anytime in
the future.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on ~6~h~98.
Chairperson
I, the undersigned duly appointed and acting Deputy
City Clerk do certify that the foregoing is a true and accurate
copy of that resolution adopted by the Board of Adjustment of the
City of Aspen, Colorado, at a meeting held on the day hereinabove
stated.
Approved as to content:
AsSistant City AttOrney
~.~.~,~.~.. ~.,. ~. ~,~,~.~ ~ I IIIIII IIIII IIIIII IIIIII III IIIII IIIIIII III IIIII IIII IIII
-- 428898 87/31/19g~ 1~:5~ RESOLUT~ D~VZ$ SZLVI