HomeMy WebLinkAboutresolution.boa.001-05RESOLUTION NO. 01
Series of 2005
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, CASE
NUMBER 05-01, GRANTING A FRONT YARD SETBACK VARIANCE FOR 122
EASTWOOD DRIVE, LOT 15, EASTWOOD SUBDIVISION, CITY OF ASPEN
WHEREAS, Lorraine Mack submitted a request for variance,
dated December 1, 2004 to the Board of Adjustment as outlined in
Section 21.04.070(b); and
WHEREAS, this matter came on for hearing before the
Board of Adjustment on February 3, 2005 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 request for the variance granted was initiated by:
Lorriane Mack on 122 Eastwood Drive, Aspen, Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 26-
304-060(E) (3) 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~uildings 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 four to zero (4-0) vote:
A thirty (30) foot front yard setback variance for the
construction of a garage.
Section 3. Condition Upon Which Variance is Granted.
The variance granted by Section 2, above, is specifically
conditioned upon and subject to the following condition:
1. The applicant stipulated that if this house is torn
down and rebuilt the variance shall be null and void.
APPROVED AS TO FORM
City Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the Ci~~ of February 2005.
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.
D~uty City C~erk
2
Page: 2 of 2
03/17/2005 10:22A
SILVIA DAVIS PITKIN COUNTY CO R 11.90 D 0.00