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HomeMy WebLinkAboutresolution.boa.002-98 RESOLUTION NO.~ Series of 1998 A RESOLUTION OF T~E BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 98-3 RELATING TO PROPERTIES IN THE CITY OF ASPEN WITH STREET ADDRESSES OF 101 EAST HALLAM STREET AND 105 EAST HALLAN STREET, ASPEN, COLORADO AND LEOAL DESCRIPTIONS OF LOT A AND THE WESTERLY 4.96 FEET OF LOT B, BLOCK 65; AND THE EAST 25.14 FEET OF LOT B AND THE WEST 8 FEET OF LOT C, BLOCK 65, CITY AND TOWNSITE OF ASPEN, WHEREAS, Mr. Donald Kr%ur~ and Mr. Alan Bush have made application, dated April 1, 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 April 30, 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: ~9_C~. Findings of Fact. The Board of Adjustment makes the following findings of fact: 1. A development application for a variance was initiated by: Mt.Donald Kruaun and Mr. Alan Bush for properties with street addresses of 101 East Hallam Street and 105 East Hallam 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. I IIIIII IIIII IIIIII III IIIIIII IIIIII IIIII III IIIII IIII IIII 424379 ~11t111998 09:26A RESOLUT! DAVIS SZLVZ 1 oF 3 R 16.~0 D 0,00 N 0.00 PITKXN COUNTY CO 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. 4. The grant of variance is the minim%unvariance 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 d° not result from the actions of the applicant; to wit: The existing non-conforming location of the historic shed, which spans both properties, combined with the non- conforming lot width of the properties, significantly constrains the area available for development. 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 four foot rear yard and a five foot side yard setback variance at both 101 East Hallam and 105 East Hallam to allow for the expansion of an existing shed by 4 1/2 feet to the west of the existing west wall of said shed. I IIIIII IIIII IIIIII III IIIIIII IIIIII IIIII III IIIII IIit IIII 424379 11/11/1998 09:26A RESOLUTI DAVIS $ILV! 2 o¢ 3 R 16.00 D 0,00 N 0.00 PITKIN COUNTY CO Section 3. Conditions Upon Which Variance is Granted. The variance granted by Section 2, above, is specifically conditioned upon and subject to the following conditions: 1. No balcony or similar improvement shall be permitted within the east side yard setback. 2. Unless vested as part of a development plan pursuant to Section 24-6-207 of the Aspen Municipal Code, the variance granted herein shall automatically expire after twelve (12) months from the date of approval unless development has been commenced as evidenced by the issuance of a building permit, or an extension' granted by the Board in which case the variance shall expire at the end of the extension. 3. Applicant shall, prior to filing an application for a building permit, cause to be recorded with the Clerk and Recorder's Office of Pitkin County a copy of this resolution. INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on t~ 7th day o,f May, 1998 Chairperson I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment of the City of Aspen, Colorado, at a meeting held on the day hereinabove Approved as to content: Assistant City Attor~y ~' ~'J~ ~('~ 424379 11/11/1998 09:261:l RESOLUT% DRVI$ $%LV! 3 ef 3 R t6.00 D 0.00 N 0.00 P'rTK1'N COUNTY CO