HomeMy WebLinkAboutresolution.boa.003-98RESOLUTION NO 3
Series of 1998
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 98 -04
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
915 WEST FRANCIS STREET AND A LEGAL DESCRIPTION OF LOT 3 AND F -1,
BLOCK 4, CITY AND TOWNSITE OF ASPEN, ASPEN,COLORADO.
WHEREAS, Liz Talenfeld made application, dated April 14, 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 May 7, 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:
fact:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of
1. A development application for a variance was initiated
on April 14, 1998 by Liz Talenfeld for property with a
street address of 915 West Francis 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.
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4. 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:
The parcel is located on an alley which has
historically been inaccessible. With the proposed opening of
the alley right -of -way, development at the rear of the
property is now constrained by the existing large trees, as
well as the skewed position of the house within the property
boundaries, resulting in practical difficulties unique to the
parcel which are not a direct result of actions of the
applicant.
Section 2. Variances Granted.
The Board of Adjustment does hereby grant the applicant the
following variances, with conditions, from the terms of Chapter 24
of the Aspen Municipal Code
A five foot rear yard setback variance, a four foot six inch
east side yard setback variance and a site coverage variance of 2
and 1/2 percent at 915 West Francis Street to allow for
construction of a two car garage.
2.
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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. The existing West Francis Street driveway curb cut will
be removed and replaced with appropriate landscaping.
2. No roof deck on the garage structure will be permitted
within the rear and east side yard setback areas.
3. 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.
4. 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 7th d o 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
stated.
Deputy City Clerk
Approved as to t:
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