HomeMy WebLinkAboutpitkin.boa.reso.08.2002RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING A SIDE YARD SETBACK VARIANCE FOR WARREN AND DIANE
LICHTENSTEIN
Resolution No. 02 -08
WHEREAS, Warren and Diane Lichtenstein, owners of 777 Spruce Street, are requesting a 20 foot
west side yard setback variance for the construction of a swimming pool and landscaped patio area;
and
WHEREAS, a 20 foot side yard setback is required for a 1.55 acre parcel in the R -30 zone district;
and
WHEREAS, the subject property is described as NE' /4 of Section 7, Township 10 South, Range 85
West of the 6' Prime Meridian, but is fully described in Exhibit A; and,
WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by
virtue of Title II, Section 7- 10.30, Pitkin County Code (Land Use Code) and Colorado Revised
Statutes, 1973, 30 -28- 118(2) (C); and,
WHEREAS, based on the evidence presented, the Board of Adjustment makes the following
findings:
1. Proper notice procedures, including the notification of all adjoining property owners, has been
shown by the applicant.
2. The required hardship or practical difficulty has been established.
3. Granting such relief will not cause substantial detriment to the public welfare and will not
substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment that a west side yard
setback variance of 20 feet shall be granted for construction of a swimming pool and landscaped
patio, as shown on Exhibits B and C, due to topographical hardships.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of
Colorado.
DATED: March 5, 2002
ATTEST:
4t/
Conne Bazley, SWretary
Pitkin County Board of Adjustment
Y1tk1n county board or Aojustment
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LEGAL DESCRIPTION
A TRACT OF LAND SITUATED LY THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 10 SOUTH,
RANGE 94 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING PART OF TIE ELM SHERWOOD
AND CORA LEE LADES, U.S.M.S. NO. 5304 AMENDED, BEING BOUNDED ON TIM
NORTHEASTERI Y SIDE BY THB NORTHEASTERLY IJNE OP SAID ELLA SHERWOOD AND CORA
LFF.D LODES AND DESCRIBED AS FOLLOWS:
BEGINNING AT OORNH.Ii NO. OF SAID PLLA SHERWOOD AND CORA LEE LODES, SAID CORNER
13EING COMMON TO BOTH LADES, A STONE CORNBR IN PLACE;
THP,NCF. SOUTH 46 DEGREES 13' IIAST 94.73 FEET ALONG THE NORTHEASTERLY LINS OF SAID
CORA LEE LODE. TO CORNER 1.12 OF SAID UNITED STATES MINERAL SURVEY NO.
5304;
171ENC13 SOUTH 46 DEGREES 19' UAST 65.27 FEET ALONG THE NORTHEASTERLY LINE OF SAID
ODRA LEE LADE;
THENCE SOUTH 45 DEGREES 5 V WEST 299.00 FEET;
THENCE NORTH 0 SOUTH 26'45' WFST 222,36 FEET;
THENC13 NOR'1'lI 45 DEGREES 51' EAST TO A POINT ON THE NORTHEASTERLY LINE OF SAID
ELL.A SHERWOOD LODE:
TIIBNCP" SOUTH 46 DBGREES 06'20" BAST 110.00 FEET ALONG THE NORTHEASTERLY LINE OF
SAI D ELLA SHERWOOD LODE TD THE POINT OF BEGNNING.
COUNTY OF PITKIN, STATE OF COLORADO.
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