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RESOLUTION NO. 06-03
Series of 2006
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF
ASPEN, CASE NUMBER 06-03, GRANTING A REAR YARD SETBACK
VARIANCE FOR APPROXIMATELY 14 INCHES AS SET FORTH IN THE
NOVE 1 DUPLEX CONDOMINIUM PLAT, BOOK 76, PAGE 71 FOR 637 w.
NORTH ST, UNIT A HALLAM'S ADDITION, BLOCK 20, CITY OF ASPEN
WHEREAS, Theordore and Isabella Dalenson, represented
by Jody Edwards submitted a request for variances, dated May
1, 2006 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 August 3, 2006 where
deliberations and consideration of the evidence
testimony was presented.
full
and
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
by: Theodore and Isabella Dalenson, 637
Street, Aspen, Colorado.
initiated
W. North
to surrounding property
Section 26-304-060 (E) (3)
Evidence of such notice
Clerk.
owners in
of the Aspen
is on file
has been provided
accordance with
Municipal Code.
with the City
2.
Notice of the proposed variance
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 variances are the minimum variances
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. 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 5 to 0 vote:
1) Approximately 14 inches into the rear yard setback
as set forth in Nove I Duplex Condominium Plat, Book
76, Page 71.
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) The granted rear
Section 2 is only
construction.
yard setback as
applicable to
described in
the extant
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City Attorney ~~
of
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, ata meeting held on the day
hereinabove stated.
FX~
puty City Clerk
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