HomeMy WebLinkAboutresolution.boa.001-07
1111111111111111111111 :;~:~/l~;l ~3 '19
JRNICE K vas CRUDILL PITKIN COUNTY CO R 11.00 0 0.00 .
RESOLUTION NO. 01
Series of 2007
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN,
CASE NUMBER 01-2007, APPROVING VARIANCES FOR A RETAINING WALL
AND DRIVEWAY FOR THE PROPERTY LOCATED AT 1016 EAST HOPKINS,
LOTS NAND 0, BLOCK 25, CITY AND TOWNSITE OF ASPEN, COLORADO.
WHEREAS, Michael & Ellen Brown, represented by Coleman Brothers
Construction LLC and Gillespie Law Offices, submitted a request for a variance, dated
October 13,2006 to the Board of Adjustment as outlined in Section 26.314.050; and
WHEREAS, this matter was heard before the Board of Adjustment on January II,
2007 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 offact:
I. A request for the variance was initiated by: Coleman Brothers Construction
LLC, on behalf of Michael & Ellen Brown, c/o Gillespie Law Offices, 210 E.
Hyman Ave #202, Aspen, Colorado.
2. Notice of the proposed variance has been provided to surrounding property
owners in accordance with Section 26-304-060(E)(3) of the Aspen Municipal
Code. Evidence of such notice is on file with the City Clerk.
3. The grant of variance is 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 variance is the minimum variance 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 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 does hereby approve the applicant the following variance
from the terms of Chapter 26 of the Aspen Municipal Code by a 4 - 0 vote:
I. A retaining wall exceeding 30 inches above natural grade as depicted in the
application.
2. A driveway access exceeding a height of 30 inches above grade within the rear
yard setback.
APPROVED AS TO FORM
~~<<1~
John Worcester
CED ADOPTED by the Board of Adjustment of the City of Aspen
of January 2007
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.
J
1111111111111111111111 :;~~:~~;1 ~3: 19
JANICE K VOS CRUDILL PITKIN COUNTY CO R 11.00 0 0.00