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HomeMy WebLinkAboutresolution.boa.005-06 1111111111111111111111 ~;~~~~:1 ~0: 24~ JANICE K VOS CAUOILL PITKIN COUNTY CO R 11.00 0 0.00 RESOLUTION NO. 05 Series of 2006 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, CASE NUMBER 05-2006, APPROVING A REAR YARD SETBACK VARIANCE OF 2 INCHES FOR THE PROPERTY LOCATED AT 105 EAST HOPKING, LOTS A AND B, BLOCK 68, CITY AND TOWNSITE OF ASPEN, COLORADO. WHEREAS, Kirshon Family LTD, represented by Wodehouse- Augello Builders, submitted a request for a variance, dated October 19, 2006 to the Board of Adjustment as outlined in Section 26.314.050; and WHEREAS, this matter ca,!lIe on for hearing before the Board of Adjustment on December 7, 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 fq.ct: 1. A request for the variance was initiated by: Wodehouse-Augello Builders, on behalf of Kirshon Family LTD, 307L ABC, Aspen, Colorado. 2. Notice of the proposed variance 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 3 . The grant purposes, goals, Area Community Municipal Code. of variance is consistent with the objectives, and policies of the Aspen Plan and Chapter 26 of the Aspen 4. The grant of variance that will make possible the parcel, building or structure. 5. The literal interpretation and enforcement of terms of Chapter 26 of the Aspen Municipal Code deprive the applicant of rights commonly enjoyed by is the minimum reasonable use variance of the the would other 1111111111111111 111111 ~;~~~~~:1 ~0: 241 JANICE K VOS CAUDILL PITKIN COUNTY CO R 11.00 00.00 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 found that certain special conditions and circumstances unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district exist on the subject parcel. Section 2. Variance Approved. The Board of Adjustment applicant the following variance of the Aspen Munici~al Code by a does hereby from the terms 4 - 0 vote: approve the of Chapter 26 1. A two inch encroachment into the five (5) foot rear yard setback. APPROVED AS TO FORM ~b.,{~", . y Attorney PTED by the Board of Adjustment of 7 day of December 2006. 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 ~ puty City Clerk