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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
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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
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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
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JANICE K vas CAUDILL PITKIN COUNTY CO R 21.00 0 0.00