HomeMy WebLinkAboutresolution.boa.002-18 RESOLUTION NO. 2
(SERIES OF 2018)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT GRANTING
APPROVAL FOR A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY
DESCRIBED AS PARCEL B, SMUGGLER MOBILE HOME PARK, ACCORDING TO
THE MAP AND FINAL SUBDIVISION PLAT OF SMUGGLER MOBILE HOME
PARK, RECORDED APRIL 8, 1982 IN PLAT BOOK 13 AT PAGE 25, COUNTY OF
PITKIN, STATE OF COLORADO, COMMONLY KNOWN AS 910 GIBSON AVENUE.
Parcel ID No. 2737-07-490-001
WHEREAS,the Community Development Department received an application for 910
Gibson Avenue (the Application) from Carol Loewenstern and Steven Zoll (Applicants),
represented by Sarah Oates of Oates, Knezevich, Gardenswartz, Kelly, & Morrow, P.C. for the
following land use review approval:
e Variance, pursuant to Land Use Code Chapter 26.314; and,
WHEREAS, the subject property is zoned Moderate Density Residential (R-15); and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect
on the day the application was.deemed complete—January 29, 2018, as applicable to this Project;
and,
WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public
hearing on March 8, 2018; and,
WHEREAS, during a duly noticed public hearing on March 8, 2018, the Board of
Adjustment approved Resolution No. 2, Series of 2018, by an five to zero (5 - 0) vote granting
approval of a Dimensional Variance Review, as identified herein.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE
CITY OF ASPEN, COLORADO THAT:
Section 1: General Approval
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Board of Adjustment hereby approves a Setback Variance for the property located at 910 Gibson
Avenue and described as follows:
1. Front yard setback is reduced from 25 feet to 10 feet.
2. Pursuant to 26.575.020.E.3, the setback shall continue to be measured from the edge of
the roadway easement closest to the proposed structure. (as shown in Exhibit A)
3. All other setbacks and dimensional standards required in the R-15 Zone District remain
in effect.
4. The approval of the variance is in consideration of the effect of the roadway easement
on the property. If future action eliminates the roadway easement, the front yard
setback requirement of the R-15 Zone District will apply.
111111 VIII VIII VIII VIII VIII VIII IIII II I III VIII VIII VIII 1111111 II IIII
RECEPTION#: 647407, R: $23.00, D: $0.00 Board of Adjustment
DOC CODE: RESOLUTION Resolution No. I, Series 2018
Pg 1 of 3, 05/17/2018 at 09:48:50 AM Pagel of 3
Janice K.Vos Caudill, Pitkin County, CO
Section 2: Extension of Variance
This Resolution additionally grants a one (1) year extension pursuant to Section 26.314.070.B.
The expiration of the variance is now two (2) years from the date of approval. This is a one-time
extension and may not be renewed further.
Section 3•
All material representations and commitments made by the Applicants pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Community Development Department and the Board of Adjustment
Commission, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by other specific conditions or an
authorized authority.
Section 4:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
FINALLY, adopted, passed and approved this 8`h day of March 2018.
Approved as to form: Approved as to content:
7 i✓L ��K,
aures R. True, City Attorney Andrew Sandler, Chair
Attest:
Linda Manning,City CI rk
Exhibit A—Identification of extent of roadway easement as
the point from which to measure the front yard setback.
Board of Adjustment
Resolution No. I, Series 2018
Page 2 of 3
Exhibit A
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Board of Adjustment
Resolution No. 1, Series 2018
Page 3 of 3