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RESOLUTION NO. 03
Series of 2007
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN,
CASE NUMBER 03-2007, APPROVING VARIANCES FOR A NEW GARAGE AND
LINKING ELEMENT FOR THE PROPERTY LOCATED AT 1025 WATERS AVE,
LOT 1, CALDERWOOD SUBDIVISION, CITY AND TOWNSITE OF ASPEN,
COLORADO.
PARCEL NO. 2737-182-66-002
WHEREAS, Alexandra and Scott Kendrick, submitted a request for two variances,
dated February 23, 2007 to the Board of Adjustment as outlined in Section 26.314.050; and
one variance is to a residential design standard and the other to the front yard setback
requirement.
WHEREAS, this matter was heard before the Board of Adjustment on April 12,
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 for the Setback Variance.
The Board of Adjustment makes the following findings of fact:
I. A request for the variance was initiated by: Alexandra and Scott Kendrick,
1025 Waters Ave, 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. Findings of Fact for a Residential Design Standard Variance.
The Board of Adjustment makes the following findings of fact:
I. A request for the variance was initiated by: Alexandra and Scott Kendrick, 1025
Waters Ave, 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. Provides an appropriate design or pattern of development considering the
context in which the development is proposed and purpose of the particular
standard. In evaluating the context as it is used in the criteria, the reviewing
board may consider the relationship of the proposed development with adjacent
structures, the immediate neighborhood setting, or a broader vicinity as the board
feels is necessary to determine if the exception is warranted; or,
4. Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
Section 3. Variances Approved.
The Board of Adjustment does hereby approve the application for the following
variance from the terms of Chapter 26 ofthe Aspen Municipal Code by a three to one (3-1)
vote:
1. A new garage located within the 30' front yard setback. (Accessory buildings
and all other buildings)
2. A two story linking element more than nine (9) feet that connects the new
garage with the house. (A subordinate linking element for the purposes of
secondary mass shall be defined as an element not more than ten (10) feet in
width and ten (10) feet in length with a plate height of not more than nine (9)
feet.)
APPROVED AS TO FORM
t2. ~-
/'City Attorney
/' John Worcester
-.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen
on the 1 day of A .
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
/Z,' C,olorado, at a meeting, held,' on the day, hereinabove stated.
c=i7~J:A~
Deputy City Cl
Jackie Lothian