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R~..SOLO~ION NO. 12
Series of 2000
A RESOLUTION OF THE BOA/~D OF ADJUSTMENT OF THE CITY OF ASPEN
GP. ANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 00-11
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
935 GIBSON AVENT~E, ASPEN, COLO~a. DO.
WHEREAS, Lora J. Lewis has made application,
dated October 24, 2000 to the Board of Adjustment for a
variance from the dimensional rec/uirements of Chapter 26 of the
Aspen Municipal Code; a~d
W~EREAS, this matter came on for hearing before the Board of
Adjustment on December ?, 2000 where full deliberations and
consideration of the evidence and testimony was 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.' Lora J. Lewis on December ?, 2000 for property with a
street address of 935 Gibson Avenue, Aspen, Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 26-
304-060(E) (3)(c)of the Aspen Municipal Code. Evidence of such
notice is on file with the City Clerk.
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3. The grant of variance will be generally consistent with
the purposes, goals, objectives, and policies of the
Aspen Area Community Plan and Chapter 26 of the
Aspen Municipal Code.
4. The grant of variance is the mlnimumvariance that
will make possible the reasonable use of the parcel,
building or structure.
$. The literal interpretation and enforcement of the
terms of Chapter 26 of the Aspen Municipal Code
would deprive the applicant of rights co~only 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.
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 26 of the Aspen
Municipal Code by a 5 to
An eighteen foot (18') front yard setback variance and a four
(4') side yard setback variance on the west side yard at 935
Gibson Avenue, to allow for the construction of a single
family home and Accessory Dwelling Unit.
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 duplex will be demolished and replaced by
a single-family residence.
2. Any future development on the property will comply with
current standards for single-family residences ~nder
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codes existing at the time of the development
application.
3. Unless vested as part of a development plan pursuan~ to
Section 26-308-010 of the Aspen Municipal Code, the
variance ~ran~ed herein shall automatically ex, ire
after =welve (12) months from the date of approval
unless development has been ccnm~enced as evidenced by
the issuance o~ a building perm/t, or an extension
GTanted by the Board in which case the variance shall
exl~ire at the end of the ex=ension.
4. Applicant shall, prior to filing an application for a
building permit, cause to be recorded with the Clerk
and Recorder's 0~fice of Pitkin County a copy of this
resolution.
APPROVED AS TO FO~M
c~t7 Atto~e~-
INTRODUCED, REM) AND ADOPTED by the Board of Adjustment
of the City of Aspen on~.~ Decca, her, 2000
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. ~