Loading...
HomeMy WebLinkAboutresolution.boa.003-02 RESOLUTION NO. 03 Series of 2002 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF AS~EN GRANTING A VARIANCE WITH CONDITIONS INCASE NUMBER 02-03 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 73 SMUGGLER GROVE, LOT 5, EAST MEADOW SUBDIVISION. WHEREAS, Mike Seguin made application, dated July 11, 2002 to the Board of Adjustment for a variance from the dimensional requirements of Chapter 26 of the Aspen Municipal Code; and WHEREAS, this matter came on for hearing before the Board of Adjustment on August 15, 2002 and September 5, 2002 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: I A development application for a variance was initiated by: Mike Seguin on July 11, 2002 for property with a street address of 73 Smuggler Grove, 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 Conanunity 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 5 to 0 vote: A fifteen {15) foot front yard setback variance for a principal building, a twenty (20) foot front yard setback variance for an accessory building and a five (5) foot setback variance for the south side yard for the construction of a single family dwelling unit and a detached Accessory Dwelling Unit and garage. 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 development shall be as represented at the September 5, 2002 meeting and per the attached plans submitted for said meeting. 2. The floor area for 73 Smuggler Grove shall be limited to 3007 square feet as represented in the September 5, 2002 meeting. 3. The approved plans require variances from the Residential Design Standards, Section 26.410 of the Aspen Municipal Code. 4. Unless vested as part of a development plan pursuant to Section 26.308.010 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. 5. 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. APPROVED AS TO FORM INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 5th day of September 2002 Chairperson I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and ac~curate copy of that resolution adopted by the Board of Adjustment of the City of Aspen, Colorado, at a meeting held on the day hereinabove ~OZ ~ LOT G / / ~ _ / t' ~ /4, : _. ~ /4"= -o" ~ 1~" = '-0" f"'-'%~ ~ ~AF:;~K~M4.,, = i-oNORTH ~LE~'v'ATION Page: 10 of' 10 10/21/2002 10:10~ SILVIR DAVIS ;3ITKIN COUNTY CO I~ 51.00 5 0.00 /_._...-----*-~__