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
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