HomeMy WebLinkAboutboa.reso.004.2014 RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING MAJOR ROAD AND SIDE YARD SETBACK VARIANCES
FOR 43551 EAST HIGHWAY 82,ASPEN
Resolution No. 04-2014
WHEREAS, 43551 Highway 82, LLC, owner of 43551 East Highway 82, Aspen, is requesting
approval of an 85 foot Major Road Setback Variance, and a 10 foot Side Yard Setback variance for
grading that will exceed 30 inches in height within the required Setbacks; and
WHEREAS, 100 feet is the required Setback as measured from the Highway 82 right of way, and
30 feet is the required Side Yard Setback for this 3.5 acre lot located in the AR-10 zone district; and
WHEREAS,the parcel is more 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 Section 2-10-30(d) of the Pitkin County Land Use Code; 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, have 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 an 85' Major Road and
a 10' Side Yard Setback variance be granted for the grading improvements shown on Exhibit B,
due to unusual lot shape and topographic 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: July 9, 2014
ATTEST:
Jo.\, a S. Scha . er, Date Rick ead, Date
Pitkin County Zoning Officer Co-Chair, Board of Adjustment
Parcel ID#273720100529
RECEPTION#: 612299, 08/04/2014 at
09:13:39 AM,
1 OF 3, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
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.EXf IS IT 7LA .
LOT 12, SECTION 20, TOWNSHIP 70SOUTH, RANGE 84 W - I
THEREFROM THAT PART OF LOT 12LY NG WEST OF EEST WESTERLY RIGHT OF WAY
AY OF
COLORADO HIGHWAY NO. 82, AS CONVEYED IN DEED RECORDED IN BOOK 339 AT PAGE 546.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to
the above bargained premises, with the hereditaments and a
said premises above bargained and described, with thea appurtenances. TO HAVE AND TO HOLD the
assigns forever- And the Grantor, for his, his heirs and assigns, does covenanee
t, grant,rtenances, unto he ba,their heirs and
rgain, and agree
to and with the Grantee, their heirs and assigns, that at the time of the ensealing and delivery of these
presents, his is well seized of the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple. and has good right, full power and lawful authority
:o grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free
and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and
'estrictions of whatever kind or nature soever, except those matters as set forth on Exhibit"A" attached
'ereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER
DEFEND the above bargained premises in the quiet and peaceable possession of the grantee,their heirs
ind assigns, against all and every person or persons lawfully claiming the whole or any
ingular number shall include the plural, the plural the singular, and the use of gender shall be applicaole
all genders. part thereof. The
V WITNESS WHEREOF the grantor has executed this deed
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