HomeMy WebLinkAboutresolution.boa.004-98 RESOLUTION NO.~
Series of 1998
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
DENYING A VARIANCE IN CASE NUMBER 98-05 RELATING TO PROPERTY IN
THE CITY OF ASPEN WIT~ AN ADDRESS OF 262 EASTWOOD DRIVE AND A
LEGAL DESCRIPTION OF LOT ? EASTWOOD SUBDIVISION, ASPEN, COLORADO.
WHEREAS, Joan Fabry made application, dated September 24,
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 November 12, 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:
$_e_C_t_~Q~k_l. Findings of Fact.
For purpose of approval, the Board of Adjustment must
determine the following findings of fact:
1. A development application for a variance was initiated
on September 24, 1998 by Joan Fabry for property with a
street address of 262 Eastwood Drive, Aspen, ColOrado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 24-6-
205(E) (4)b) of the Aspen Municipal Code. Evidence of such
notice is on file with the City Clerk.
3. The grant of variance will be generally consistent with
the purposes, goals, objectives, and policies of the
Aspen Area Comprehensive Plan and Chapter 24 of the
I IIIIII IIIII IIIIII IIII IIIIII III IIIIIIII III IIIII IIII IIII
428446 ~3/84/1998 83:58P RE$OLUT~ D~VZ$ SZLV!
1 o; 2 R 11.00 D 0.00 N 0.08 P~TKZN COUNTY CO
Aspen Municipal Code.
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.
The Board determined that findings 94 and #5 above were not
satisfied and the variance request 'was therefore denied by a vote
of 5-0.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 12th day of November, 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. ~~
eputy Cl~y Clerk
Approved as t~--d-On~ent:
I Illlll Illll IIIIII IIII IIIIII Ill Illlllll III IIIII Illl IIII
428448 83/~4/1999 03:58r RESOLUTI DRVIS SILVI
2 o~ 2 R 11.~$ D ~.$~ N $.$0 PITKIN COUNTY CO