HomeMy WebLinkAboutresolution.boa.002-04RESOLUTION NO. 02
Series of 2004
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF
ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 03-04
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN
ADDRESS OF 803 E. DURANT, LE CLAIRVAUX CONDOMINIUMS, LOTS
A-D, BLOCK 113, CITY AND TOWNSITE OF ASPEN.
WHEREAS, Le Clairvaux Condominiums made application, dated September
30, 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:
A three (3) foot nine (9) inch front yard setback variance for the
reconstruction of existing above-grade decks.
WHEREAS, this matter came on for hearing before the Board of Adjustment
on November 6, 2003, January 8, 2004, January 22, 2004 and February 12, 2004
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: Le
Clairvaux Condominiums on September 30, 2003 for property with a street
address of 803 E. Durant, 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 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 circumstances 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 0
vote: A one (1) foot 10 3/8 (10 3/8) inch front yard setback variance for the
reconstruction of existing above-grade decks. The decks shall be configured in a
straight line.
A/~-~I~D AS TOFORM
INTR,ODUCED~,J~F~4.kND ADOPTED by the Board of Adjustment of the City
of Aspen on~
Chafi-ff(r~n~ ~ ~
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