HomeMy WebLinkAboutlanduse case.boa.173 McSkimming Rd.005-02
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AGENDA
ASPEN BOARD OF ADJUSTMENT
THURSDAY, OCTOBER 10, 2002
4:00 PM
SPECIAL MEETING
CITY COUNCIL MEETING ROOM
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I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES (09/05/02)
III. DECLARATION OF CONFLICTS OF INTEREST
IV. PUBLIC HEARING
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A. Case #02-05, Martino, 173 McSkimming Road: request for a
15 foot front yard setback variance for the construction of a
single-family residence.
V.. ELECTIONS
VI. ADJOURN
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",.OnCE OF PUBLIC HEARING
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CASE #02-05
Before the City of Aspen Board of Adjustment
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOW:
Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the
BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may
be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority
for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons
affected by the proposed variance are invited to appear and state their views, protests or objections. If you
cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you
have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions
of surrounding property owners and others affected in deciding whether to grant or deny the request for
vanance.
Particulars of the hearing and requested variance are as follows:
Date and Time of Meetinl!:
Date: October 10, 2002
Time: 4:00 P.M.
Owner for Variance:
Representative for Variance:
Name:
Ema and Larry Martino
Scott Lindenau
Studio B Architects
555 N. Mill Street
Aspen, CO 8161 I
Address:
3444 Riveriy Road
Atlanta, GA 30327
Location or description of property:
173 McSkimming Road, Lot 8, Block 1, Aspen Grove Subdivision
Variances Requested:
The applicant is requesting a fifteen (15) foot front yard setback variance for the construction of a single-
family home.
Will applicant be represented bv Counsel: YES: NO: X
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
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MEMORANDUM
FROM:
Board of Adjustment
Joyce Ohlson, Deputy Director ~
-S'D
Sarah Oates, Zoning Officer
TO:
THRU:
RE:
173 McSkimming Road-Ema and Larry Martino
DATE:
October 10, 2002
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SUMMARY: The applicant requests a front yard setback variance for the construction of a
single-family residence. The property is currently developed with a dwelling unit. The
property is zoned R-15B, is accessed via a private road easement and is subject to the
following requirement:
26.575.040(B)Required Yards Adjacent to Private Roads. All required yard
setbacks under zone district regulations are based on distance measured from the
right-of way line of a dedicated public way. Where there is no public dedication
and the lot line extends to the centerline of the right-of way, the required yard
setback shall equal the distance specified under zone district regulations, plus an
additional distance equal to one-half (1/2) of the right-of way width as if such
private way were dedicated for public use.
One-half of the right-of-way width is fifteen (15) feet and the setback requirement for the
zone district is thirty (30) feet. Therefore, the house is required to be setback forty-five
(45) feet from the property line. The applicant is requesting a fifteen (15) foot setback
variance so that the house is thirty (30) feet from the front property line rather than forty-
five (45) feet.
The parcel is a 18,643 square foot lot with the fifteen (15) foot wide road and utility
easement in the front yard. Lots 16 and 17 of Aspen Grove contain the other fifteen (15)
feet of the road and utility easement. Access to these lots is further up McSkmming Road.
The existing house is located approximately thirty (30) feet from the property line and two
other houses use the private road easement as access. The property contains slopes in
excess of 20% and heavy vegetation including trees that will require tree removal permits
and mitigation from the City of Aspen Parks Department.
Please refer to the attached drawings and written information provided by the applicants for
a complete presentation of the proposed variance.
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APPLICANT:
Ema and Larry Martino, represented by Scott Lindenau of Studio B
Architects
LOCATION:
173 McSkimming Road, Lot 8, Block 1, Aspen Grove Subdivision
REVIEW STANDARDS AND ST AFF EVALUATION: Pursuant to Section 26.1 08.040
of the Municipal Code, in order to authorize a variance from the dimensional requirements
of Title 26, the Board of Adjustment shall make a finding that the following three (3)
circumstances exist:
1. Standard: The grant of the variance will be generally consistent with the purposes,
goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title.
Response: Granting the variance will not conflict with the goals of the Aspen
Area Comprehensive Plan or the requirements of the Aspen Municipal Land
Use Code.
2. Standard: The grant of the variance is the minimum variance that will make
possible the reasonable use of the parcel, building, or structure.
Response: Reasonable use of the parcel already exists, as there is a duplex on
the parcel. A smaller variance is possible on the site.
3. Standard: Literal interpretation and enforcement of the terms and provisions of
this title 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 whether an applicant's right would be deprived,
the board shall consider whether either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district and which do not result from the actions of the
applicant; or
b. Granting the variance will not confer upon the applicant any special privilege
denied by the Aspen Area Comprehensive Plan the terms of this title to other
parcels, buildings or structures, in the same zone district.
Response: The applicants would not be deprived of any rights commonly
enjoyed by other parcels in the same zone district should the variance not be
granted. The applicants may redevelop the parcel within the confines of the
Aspen Municipal Code as other properties in this zone district have done.
In terms of unnecessary hardship or practical difficulty, the applicant faces
challenges in re-developing this lot but there are no regulatory standards that
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prohibit development on this lot. Most lots in the R-15B zone district are
heavily vegetated and are sloped lots therefore there are no special
circumstances which are unique to this parcel. Further, all lots in this zone
district must be setback thirty (30) feet from the public right-of-way, therefore,
granting the variance will confer special privileges to this applicant. In that
the property is already developed the applicants have proven that difficulties
do not preclude development here.
ALTERNATIVES: The Board of Adjustment may consider any of the following
al ternati ves:
,( Approve the variance as requested.
,( Approve the variance with conditions.
,( Table action to request further information be provided by the applicants or interested
parties.
,( Deny the variance finding that the review standards are not met.
RECOMMENDATION: Staff recommends that the request for a fifteen (15) foot
front yard setback variance for the construction of the single-family residence be
denied finding that Standards 2 and 3 have not been met.
RECOMMENDED MOTION: (All motions are worded in the affirmative) "I move to
approve the request for a fifteen (15) foot front yard setback variance for the construction of
a single-family residence finding the review standards have been met."
d :\home\saraho\boa\2002\ 173mcskimming.doc
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RESOLUTION NO. O!,
Series of 2002
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 02-05 RELATING
TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 173 MCSKIMMING
ROAD, LOT 8, BLOCK 1, ASPEN GROVE SUBDIVISION.
WHEREAS, Erna and Larry Martino made application,
dated September 4, 2002 to the Board of Adjustment for a
variance from the dimensional requirements of Chapter 26 of the
Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the Board of
Adjustment on October 10, 2002 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.
The Board of Adjustment makes the following findings of fact:
1. A development application for a variance was initiated
by: Erna and Larry Martino on September 4, 2002 for property
with a street address of 173 McSkimming Road, Aspen,
Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 26-
304-060(E) (3) (c)of the Aspen Municipal Code. Evidence of such
notice is on file with the City Clerk.
3. The grant of variance will be generally 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 m1n1mum variance that
will make possible the reasonable use of the parcel,
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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
considered certain special conditions and circum-
stances which are unique to the parcel, building or
structure, which are not applicable to other parcels,
structures or buildings in the same zone district and
which do not result from the actions of the applicant.
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 26 of the Aspen
Municipal Code by a to vote:
A fifteen (15) foot front yard setback variance for the
construction of a single-family dwelling unit.
APPROVED AS TO FORM
City Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the lOth day of October 2002.
Chairperson
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 of Aspen, Colorado, at a meeting held on the day hereinabove
stated.
Deputy City Clerk
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JUL. 17.2002 9:45AM-CITY OF ASPEN
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NO. 4790-P. 2
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THE CITY OF ASPEN
BOARD OF ADJUSTMENT
APPLICATION PACKET
DATE ..,(4--( PZ. 20 PZ
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APPLICANT e.rrt. "7t;W (..INl>6'N'AA ($'fVDlo r.,
MAILING ADDRESS C; '7 7 N. ItA' u. C;,....
OWNER CLN A: -sf tM-~'-(' tlN'\-f-n IQ)
CASE# ~- 05
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PHONE
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PHONE 404' '?171 r;'7-:rz,
MAILING ADDRESS 74-4-+ ~\I/ee.(..y ~Itl> k'1W'\7v"t& ,0:4 ?c1'7Zr
rH f\.C5~IMM/~ PoA-P .
LOCATION OF PROPERTY t-OT e. 8'ut:::.~ I ,tsr&N' f-fi!.dv-v Svf?DNI>'~N
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(Street, Block Number and Lot Number)
WILL YOU BE REPRESENTED BY COUNCIL? Yes_ No ~
Below, describe clearly the proposed variance, including aU dimensions and justification
for the variance (additional paper may be used if necessary). The building pennit
application and any other information you feel is pertinent should accompany this
application, and will be made part of this case.
'lee- f\Tr~ poc-vt\WivTct.
Applicant's Signature ~
44,
REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN
CITY CODE, CHAPTER 26. AN OPINION CONCERNING THIS V ARJANCE
WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT
STAFF
DATE PERMIT DENIED
DATE OF APPLICATION
OFFICIAL
HEARING DATE
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tee t s
4 September 2002
Sara Oates
City of Aspen Zoning Officer
130 Galena Street
Aspen, CO 81611
RE: 173 McSkimmimg Road, Lot 8, Aspen Grove Subdivision
Board of Adjustment Application
The proposed dimensional variance seeks a request to allow a new
residence to adhere to a 15' setback from the front property line
instead of a 30' front yard setback.
Existing Conditions:
The existing two-level house of 1200 square feet currently lies 17' from
the front yard setback at it's closest point, (see attached drawing), and
continues to a dimension of 22' at its furthest from the front yard
setback. The allowable square footage (FAR) on this property is 3,325
square feet.
The current un-improved road has 2 small houses on it in addition to the
subject house, with the two adjacent property owners being 40-year
locals in the same location. The road consists of road base and does not
have any curbs or gutters. The contours of the road drain from both
directions towards this property, as does the adjacent sloping topography
from across the road.
The site is heavily treed and vegetated with several mature aspen trees
and a large spruce tree. Many of these trees are close to the existing
house, (see the attached photographs), and we would like to preserve as
many of these as possible. We, the architects, met with both Sara Oates
and the city forester, Aaron Reed at the site to discuss and review the
landscape and topography concerns as well as the tree issues in July of
this year.
Continued:
555 n. mill st. aspen co. 81612 970.920.9428 fax 970.920.7822
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Hardship Conditions and Notes:
1. The road slopes from both directions towards this property and
there are significant drainage concerns with this being the low
point. The property across the road slopes sharply towards this site
as well adding to the concern. If we were to conform to a 30'
setback, this would be exacerbated with a much deeper depression
from the existing topography requiring a great deal of fill to
remedy this problem.
2. Because there is not a curb/gutter, the drainage issue becomes
magnified with the currently required 30' setback. This problem
could be addressed via large quantities of imported fill, which
would negatively effect the natural topography, vegetation, and
appearance of the property. It would appear to 'fight'the natural
grade.
3. Since the 3 existing houses are well within the 30' setback, we are
not asking for something that is not out-of-the-ordinary for the
surrounding context, nor does this request stray from the Aspen
Area Community Plan. This dimensional condition, the 15' setback,
is typical in the surrounding neighborhoods and thereby adheres to
the AACP.
4. By requiring the 30' setback, we shall lose the majority of the large
aspen trees and spruce tree, along with much of the existing
landscape material. The property already has easements on all 4
sides, see existing conditions, and the 30' setback requirement
would reduce the property's build able area by another 1786
square feet or close to 10% of the property area.
5. With a setback of 30', the garage would either be accessed from a
sloping driveway from the road as slope drops off quickly which
would again contribute to drainage and ice problems, or it would
be required to have a bridge connecting it from the road which
would again fight the natural grade and appearance of the site.
This condition would be typical from any garage location on this
site.
Continued:
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6. Both long-time local neighbors have expressed great concerns that
if the project should be pushed further down the site, that not only
their views would be greatly impacted, but the loss of much of the
vegetation would reduce their privacy to little or none.
7. If we were to adhere to the 30' setback, the height restrictions on
this lot being 25', would significantly effect an architectural
solution in regards to not only the street elevation and its apparent
height, but the rear elevation as this is where the height limitation
is restricting. One would either have to depress the front fac;ade
form the street by several feet, or raise the building with imported
fill to reduce the negative sectional impacts. If the street fac;ade
were depressed by the required 8-10 feet to meet the height
restrictions, it would not yield a fac;ade that addresses the street
and would appear sunken. This condition would also create a
substantial grading and drainage problem with all the contours
sloping to the house.
Summation:
We are proposing that the new residence be allowed to adhere to the
same setback from the current property line as the existing house for
the reasons outlined in the items above. (See the attached proposed
main level plan with the outline of existing house dotted in).
By doing so, the new residence would maintain many of the large
existing trees, greatly reduce the potential impact on the dense
vegetation and the importation of large quantities of fill, avoid
problematic drainage issues, and impact the neighbors views and
privacy much less than if it were another 15' down the hill. It is our
intention that the mature landscape and privacy between neighbors
be preserved as much as possible with a new house on this site.
This dimensional request is not only consistent with the
neighborhood setback requirements, but the Aspen Area Community
Plan. This short unimproved road is rarely used except by the three
homeowners, and granting this request does not exhibit a special
exception to the rules or to the immediate context.
Thank you for your time and consideration.
Scott Lindenau, AlA, Principal
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CITY OF ASPEN BO.-...d) OF ADJUSTMENT
- October 10, 2002
Disclosure of Conflicts of Interest. ..... ....................................... ....... ............ ............ 2
Case #02-05, Martino, 173 McSkimming Road....................................................... 2
MINUTES ................................................................................................................. 4
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CITY OF ASPEN BO.>-d> OF ADJUSTMENT
October 10, 2002
Charles Paterson opened the City Of Aspen Board Of Adjustment meeting at 4:05
p.m. with Mark Hesselschwerdt, Greg Hughes, Rick Head, Howard DeLuca, Jim
Iglehart and Bill Murphy present. Staff in attendance: David Hoefer, Assistant
City Attorney; Sarah Oates, Zoning Officer, Jackie Lothian, Deputy City Clerk.
Disclosure of Conflicts of Interest
None.
PUBLIC HEARING:
Case #02-05, Martino, 173 McSkimmin2 Road
Charles Paterson opened the public hearing for Case#02-0S- Erna and Larry
Martino, 173 McSkimming Road. The applicant requested a IS-foot front yard
setback variance for the construction of a single-family residence. David Hoefer
stated that the notice was provided and the board had jurisdiction to proceed.
David Hoefer stated that for the record since there was a full board, the following
would be the voting members on this case: Paterson, Head, Iglehart, DeLuca and
Murphy; there had to be 4 positive votes in order for the variance to be granted.
Sarah Oates stated that staff recommended denial based upon the review that
standards #2 and #3 were not met; based upon topography requirements, which
were the issue of accessing from a private road that was the same as a public road.
Oates noted that the setbacks were not from property line but from the easements.
Scott Lindenau, representative for the applicant, stated this was a hardship because
this unimproved road serviced 3 houses, if they have to move the new house there
will be a hardship because of the loss oftrees, other houses loosing views, drainage
issues and access problems. Lindenau said that the current house was a non-
conforming duplex with drainage problems. Lindenau stated that to push the
garage down would cause access problems and they would have to fill 14-16 feet
or use a bridge to get to the garage. Lindenau reiterated the loss of trees; drainage,
infill and road issues caused a hardship. Lindenau said that granting the variance
would not cause an undue special privilege.
David Hoefer reminded the board that it was a minimum variance that could be
granted. Hoefer asked how the applicant came up with IS-feet for the variance
request.
Rick Head stated that with respect to #4 there were easements and a 20-foot ditch.
Head said that utility easements were not unique to this property and that there was
no hardship.
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CITY OF ASPEN BO}.",,(J) OF ADJUSTMENT
October 10,2002
Howard DeLuca asked for letters from the neighborhood. DeLuca said that
Lindeanu worried about the neighbors' views; he asked what views would be
impacted if the house were lowered.
Mark Hesselschwerdt asked if this property were subject to the residential design
standards. Mark Hesse/schwerdt said that this seems like the design could be
different to fit into the setbacks.
Lise Bodek, next-door neighbor, stated that the applicant never spoke to her; she
stated that the road was not in the right place. Bodek said that if the road were
moved then there would not be a problem. Lise Bodek said the new building
would not hurt the views; she said the lot was clear-cut before the Martinos bought
the house. Bodek stated that if the side of the hill was watered then the trees would
grow more. Bodek said that she can see from her kitchen window and that they
were making more out of the vegetation as a problem if cut down. Bodek said that
there was serious drainage that comes down between the 2 lots. Bodek mentioned
that this road could also serve the 5 lots owned by Jones. Lise Bodek stated that
she was against the variance. Bodek said that she also had planted evergreens,
which the tops were cut off but that was before the Martinos owned the property.
Lindenau's assistant said that the photos speak for themselves about the number of
trees on the property.
Howard DeLuca asked the number of parking spaces required. Sarah Oates replied
that 2 were required.
Rick Head said that after reviewing Scott Lindenau's hardships, they were all
subjective and aesthetic. Head questioned why Lindenau couldn't build without
going into setbacks when building a new house.
Bill Murphy stated that he was in agreement.
Mark Hesselschwerdt stated that this was definitely a tough design issue but it was
the nature of the lot and that with more imagination a good product could be
designed within the setback requirements.
Howard DeLuca agreed and said that it was an expense situation because there
were ways to mitigate for trees and drainage; the view situation could impact more
but there was no real practical difficulty.
Jim Iglehart agreed with Howard, Mark, Bill and Rick.
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CITY OF ASPEN BOCn OF ADJUSTMENT
.. October 10, 2002
Charles Paterson disagreed with the rest of the board members because he said that
the placement of the house should be where the applicant requested. Paterson said
that it doesn't make sense to move the house down 15 feet because of loosing the
trees.
Greg Hughes agreed with Charles.
MOTION: Rick Head moved to approve the request for a IS-foot front
yard setback variance for the construction of a single-family residence
finding the review standards have been met. Seconded by Howard
DeLuca. Roll call vote: Murphy, no; Iglehart, no; DeLuca, no; Head,
no; Paterson, yes. DENIED 4-0.
MINUTES
MOTION: Rick Head moved to approve the minutes of September 5,
2002; seconded by Bill Murphy. APPROVED 5-0.
Sarah Oates stated that there would be a meeting next week on October 17th.
The board took a secret ballot vote for the chair and vice-chair. Rick Head was
elected chair and vice-chair was Charles Paterson.
The meeting adjourned at 4:45 p.m.
Jackie Lothian, Deputy City Clerk
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130 S. Galena SI.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
City of Aspen
Community
Development
Department
Fax
To: Scott From: Sarah Oates, City Zoning Officer
Fax: 920-7822 Pages: 5
Phone: Date: October 17, 2002
Re: BOA Minutes CC:
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
. Comments: Let me know if you have any questions. Thanks.
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RESOLUTION NO. 05
Series of 2002
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
DENYING A VARIANCE WITH CONDITIONS IN CASE NUMBER 02-05 RELATING
TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 173 MCSKIMMING
ROAD, LOT 8, BLOCK 1, ASPEN GROVE SUBDIVISION.
WHEREAS, Erna and Larry Martino made application,
dated September 4, 2002 to the Board of Adjustment for a
variance from the dimensional requirements of Chapter 26 of the
Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the Board of
Adjustment on October 10, 2002 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.
The Board of Adjustment makes the following findings of fact:
1. A development application for a variance was initiated
by: Erna and Larry Martino on September 4, 2002 for property
with a street address of 173 McSkimming Road, Aspen,
Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 26-
304-060(E) (3) (c)of the Aspen Municipal Code. Evidence of such
notice is on file with the City Clerk.
Section 2. Variance Denied.
The Board of Adjustment does hereby deny the applicant the
following variance from the terms of Chapter 26 of the Aspen
Municipal Code by a 4 to 1 vote:
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A fifteen (15)~oot front yard setback var~nce for the
construction of a single-family dwelling unit.
APPROVED AS TO FORM
City Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the lOth day of October 2002.
Chairperson
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 of Aspen, Colorado, at a meeting held on the day hereinabove
stated.
Deputy City Clerk
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
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ADDRESS OF PROPERTY: /7 ~~ 'IM f'Z'1 J ~..fcb
SCHEDULED PUBLIC HEARING DATE: 0 0 z-- 200
I -
STATE OF COLORADO )
) ss.
County of Pitkin) ~
I,:S~ VVi...e.S t-,\V\d +- (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certifY that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
-.2G Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of ~
, 200 ~ to and including the date and time of the public f
hearing. A photograph of the posted notice (sign) is attached hereto. '"
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in SectiOD:
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
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PUBUC NOTICE
N~!lrI'\lll1CHEARING
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TO ALL ~.()WN!RS AfPEC'l'iD BY THE
REQlESTW'~ OR USE VARIANCE DESCRI-
BfD~,'tr'-~ - ,\
~ 't<<,' Cod~ of Aspen of June 25,
,lXiblk hearli1lLwtB beheld In
ROOM. Qty, Hall, M-
at such-- other' place as the
odlounied)to coD5kler an '
:JIikb the salcl Board, of Adjust-
~t.~',:'~i) ~ for varIanCe from the
P11l,7 J'"nlf~j...~lng ~ Chapter 26,
OHlclal~:(~t~~ AU persons' aUected by
the~'~e are Invited to appear and
i~~~:o_~,protest5 orob)ecYom,l:,.,U you
cannot;, ~cpfnonally at such riIeetIniI~ you
arem1ed.o ~ )'OUT vieWs by Jetter. pattlcu-
larly'l(~:~8bjecUon to such varIance,_M
the~-tlfl\dfUstmentwiUglveseriousconSid-
ef"auon b:HM:'1JPwons of surrounding property
I OWiMri-"aik'i~,affected In decJdIng Whether
to grantot_lkoYthe request for varianCe.
Patttculats".die'beBrlnl..nd<~\WIaDre
areu{oJlows.:
0...... 'I1IlJI= vllleedn<<:
IWe: 0dit6icr 10.21411
n-: _,-",.M. . "
o-er...~
Name: ,r.m,,llIJd Larry ~
Address: , ,3444 RtverIy Road
A~:9A30327 ,_"
~forVarlance:
Scott Ubdenau .
Studio B Nc:httects
555N~_Street
Aspen,C081611
~_... ~d alJII'GPCI1)':
173 ~,Road. Lot 8, ~t 1, Aspen
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~',appjk:.lIDt ~ JeQueItlo& a.fUteen'(I5) foot
troAt~~_variaDCe-tortheCOQ,Structlon
ofa~~_
WIIaPpUcaIJt-be~..... 8.:"byCqtmSd?:' NO
TheCIty"~::-i_':~}v6tment
AsPen. 1611 .
Publish'" ~1:...''''':''""Septem..... 21.
2002.(9392)
.-"
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regu1atio~ or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency doring all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The ~ "Affidavit of Notice" was ~Iedged before Ipe thi# day
of . ,200d..by ~~> )-.....\rc
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
'r
County of Pitkin }
}
State of Colorado }
SS.
1, ?1 tQ"" lr I NDf;N1\tA
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATIONS
SECTION 26.304.060(E)
, being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following
manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S.
Mail to all owners of property within three hundred (300) feet of the subject property, as indicated
on the attached list, on the 7."1 day of tWf'f ,200:1--. (which is 11 days prior to the public
hearing date of 0 on? f?6it2. W).
2. By posting a sign in a conspicuous place on the subject property (as it could be seen from
the nearest public way) and that the said sign was posted and visible continuously from the 17 day
of ~. , 2002., to the _ day of OOf". (0 , 200'2- . (Must be posted for at least
ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto.
~,ti'
fiiti
,,;',
\(i
.
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- TO BE HElD. AT THe PITKIN I
COUNTY COURTHOUse AT
1t'00 PM IN, tHE DlSmeT,
_ COURTROOM ON loL1Q/02
TO CON$IQER
A 'IA~ilIA...t".. _.......... _.......~
Signa
Signed before me thisZ~ay of ~ eTt'.
200'kby
~QQpmf QL~DJ~_)
WITNESS MY HAND AND OFFICIAL SEAL
My Commission expires: / / I) jf)():J{:;
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