Loading...
HomeMy WebLinkAboutresolution.boa.001-06 RESOLUTION NO. 06-01 Series of 2006 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, CASE NUMBER 06-01, GRANTING A REAR YARD SETBACK VARIANCE, A DRIVEWAY VARIANCE AND A RETAINING WALL VARIANCE FOR 302 ROARING FORK DRIVE, LOT 27, EASTWOOD SUBDIVISION, CITY OF ASPEN WHEREAS, Ann Hodges submitted a request for variances, dated July 13, 2005, September 14, 2005, and December 15, 2005, to the Board of Adjustment as outlined in Section 26.314.050; and WHEREAS, this matter came on for hearing before the Board of Adjustment on January 12, 2006 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: Ann Hodges of 302 Roaring Fork Drive, Aspen, Colorado. 2 . Notice of the proposed variance to surrounding property owners in Section 26-304-060 (E) (3) of the Aspen Evidence of such notice is on file Clerk. has been provided accordance with Municipal Code. with the City 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 that will make parcel, building of variances are the minimum variances possible the reasonable use of the 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. Variances 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 Five to Zero (5-0) vote: 1) A five (5) foot rear yard setback variance for the construction of a garage. 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 Five to Zero (5-0) vote: 2) A variance for a retaining wall exceeding 30 inches above natural grade. 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 Five to Zero (5-0) vote: 520958 Page: 2 of 3 o 0.00 3) A variance for a driveway access exceeding a height 30 inches above grade within the rear yard setback. Section 3. Conditions Upon Which Variances are Granted. The variances granted specifically conditioned following condition: by Section upon and 2 , above, subj ect to are the 1. Applicant shall mitigate for the removal of trees as directed by the City of Aspen Parks Department; 2. Applicant shall demonstrate the dimensional feasibility of vehicle turning movement from the existing road in and out of the garage, for approval by the City Engineer; 3. The applicant shall demonstrate the minimum driveway length for access, for approval of the City Engineer; 4. The applicant shall demonstrate viable support and structure designs, for approval of the City Eng;i.neer. 5. The existing access is to be closed, with parking pad to be reclaimed and returned to natural vegetation and grade to the greatest extent possible. APPROVED AS TO FORM ()~ l ~ city Attorney ~. ~- ADOPTED by on the 12rd the Board of day of January . : a:;Lrp rson . \ i I, the unPe)signed 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. ~ W1~ (Jeputr:~<<~lerk 111111111111111111 111I1I 111I1 II 11111111111 11111 11111111 ~~7~~~~r ~0. 5 JANICE K vas CAUDILL PITKIN COUNTY CO R 16 00 . 31 . 0 0.00 RESOLUTION NO. 06-01 Amended and Revised Series of 2006 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, CASE NUMBER 06-01, GRANTING A REAR YARD SETBACK VARIANCE, A DRIVEWAY VARIANCE AND A RETAINING WALL VARIANCE FOR 302 ROARING FORK DRIVE, LOT 27, EASTWOOD SUBDIVISION, CITY OF ASPEN WHEREAS, Resolution No. 06-01 (Series 2006), recorded with the Pitkin County Clerk and Recorder as reception number 520958, is hereby being amended and revised deleting condition number 5 of Section 3 (in the original resolution), and WHEREAS, Ann Hodges submitted a request for variances, dated July 13, 2005, September 14, 2005, and December 15, 2005, to the Board of Adjustment as outlined in Section 26.314.050; and WHEREAS, this matter came on for hearing before the Board of Adjustment on January 12, 2006 where full deliberations and consideration of the evidence and testimony was presented. NOW, THEREFORE, ADJUSTMENT OF BE IT RESOLVED BY THE BOARD 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: Ann Hodges of 302 Roaring Fork Drive, Aspen, Colorado. \ \,,\\\ "III "II" \111" 1\"1 11'1 '11"1 III "1'1 11'\ 1"1 ~~~~~~:t~ 1: 141 JANICE K VQS CAUDILL PITKIN COUNTY co R 21.00 2. Notice of the proposed variance to surrounding property owners in Section 26-304-060 (E) (3) of the Aspen Evidence of such notice is on file Clerk. has been provided accordance with Municipal Code. wi th the Ci ty 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 that will make parcel, building of variances are the minimum variances possible the reasonable use of the 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. Variances 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 five to zero (5-0) vote: 1) A five (5) foot rear yard setback variance for the construction of a garage. 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 five to zero (5-0) vote: 2) A variance for inches above natural a retaining grade. wall exceeding 30 111111111111111111 111111 111111111 11111111111111 11111111 ~~;~~~;1; 1 . 141 JANICE K VQS CRUD ILL PITKIN COUNTY CO R 21.00 0 0.00 . . 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 five to zero (5-0) vote: 3) A variance for a driveway access exceeding a height 30 inches above grade within the rear yard setback. Section 3. Conditions Upon Which Variances are Granted. The variances granted specifically conditioned following condition: by Section upon and 2, above, subj ect to are the 1. Applicant shall mitigate for the removal of trees as directed by the City of Aspen Parks Department; 2. Applicant shall demonstrate the dimensional feasibility of vehicle turning movement from the existing road in and out of the garage, for approval by the City Engineer; 3. The applicant shall demonstrate the minimum driveway length for access, for approval of the City Engineer; 4. The applicant shall demonstrate viable support and structure designs, for approval of the City Engineer. APPROVED AS TO FORM D"J ~ Clty Attorney INTRODUCED, READ City of A AND ADOPTED by the 12rd the Board of day of January Adjustment 2006. n 11111111111111111111 II ~;~~~~;t~1l41 JI=lNICE K vas CAUDILL PITKIN COUNTY CO R 21.00 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. ~~' ~.A ) Duty City Clerk 1111111111111111111111 ~~;~~~;1; 1141 JANICE K vas CAUDILL PITKIN COUNTY CO R 21.00 0 0.00