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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
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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