HomeMy WebLinkAboutresolution.boa.001-03 RESOLUTION NO. 01
Series of 2003
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NIIMBER 03-01 RELATING
TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 327 AND 329
GILBERT, CASCADE TOWNHOME VILLAS, SOUTH 10' OF LOT 12, ALL OF LOT
13 AND NORTH 10' OF LOT 14, CITY AND TOWNSITE OF ASPEN.
WHEREAS, Robert Scherer made application,
dated May 13, 2003 to the Board of Adjustment for a
variance from the dimensional requirements of Chapter 26 of the
Aspen Municipal Code; and
WHEREAS the applicant requests the following variance:
WHEREAS, this matter came on for hearing before the Board of
Adjustment on June 5, 2003 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: Robert Scherer on May 13, 2003 for property with a street
address of 327 and 329 Gilbert Street, 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.
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 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 26 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.
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 4 to I vote:
A ten (10) ~otffo~ y~d se~ack variance ~r ~econstrucfion ofaroofov~anexisting
entryway.
APPROVED AS TO FORM
City Attorney
INTRODUCED, READ AND by Board of
the Adjustment
of the City of on June 2003.
Chaiz~Se~son ~
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.
puty City Clerk
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