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HomeMy WebLinkAboutminutes.boa.19940504 BOARD OF ADJUSTMENT ORDER THIS MATTER, having come before the City of Aspen Board of Adjustment on April 28, 1994 , at a duly constituted meeting of the Board of Adjustment pursuant to Section 12-101, et sec . , of the Municipal Code of the City of Aspen, and the Board of Adjustment having heard the testimony and reviewed the evidence submitted to it, the Board of Adjustment makes the following findings: 1. Reasonable notice of the hearing was provided by publication, public posting and mailing to known interested parties. 2 . This was an action instituted as an appeal of the issuance of a stop work order by the Aspen/Pitkin County Building Department to Joseph McCoy, Lillian McCoy and McCoy Creative Construction and Interiors, Inc. (the "McCoys") , for the construction of a single-family residence at 332 West Smuggler Street, Aspen, Colorado. This stop work order was issued on April 19, 1994 . The validly-issued building permit was issued to the McCoys for the construction of this single-family home on January 26, 1994, and all appropriate fees and approvals were received prior to the issuance of that permit. 3 . Subsequent to the issuance of the aforementioned building permit, it was discovered, pursuant to a citizen's complaint, that the height of the flat roof in the rear portion of the roof structure would have a finished elevation in excess of the 25-foot height limitation, apparently violating Section 5-201 (d) (7) of the City of Aspen Municipal Code. The McCoys instituted an appeal of this stop work order in a timely manner on April 21, 1994 , in accordance with Section 12-101 (C) of the Municipal Code of the City of Aspen. 4 . Pursuant to the authority in Section 4-301 (B) of Chapter 24 of the Municipal Code, the Board of Adjustment further finds: (A) After issuance of the building permit on January 26, 1994 , the McCoys relied on the issuance of the permit and substantially changed their position and incurred extensive obligations in reliance thereon, in that it would cost in excess of $50, 000. 00 to redesign and reconstruct the home in order to eliminate the violation of the roof height limitation; (B) It would be highly inequitable and unjust under the circumstances to prevent construction of the improvements authorized by the building permit, given that the building permit was validly issued and that the McCoys built in conformance with the building permit; and (C) There was no evidence presented at the hearing held on April 28, 1994 as to any tangible injury suffered by any Board of Adjustment Order May 4 , 1994 Page 2 individual or entity if the McCoys were allowed to proceed with this single-family residence, as permitted. It is therefore the order of the Board of Adjustment, pursuant to Section 12-101 (E) of the Municipal Code of the City of Aspen, that the stop work order issued by the City of Aspen/Pitkin County Building Department is hereby reversed, and the McCoys may proceed to complete the project pursuant- to the building permit issued to - them on January 26, 1994, by the Aspen/Pitkin County Building Department. Dated this day of 1994 . BOARD OF ADJUSTMENT Y Chairman agreemen\board.ord