HomeMy WebLinkAboutlanduse case.boa.810 Bonita Dr.003-01
NOTICE OF PUBLIC HEARING
CASE #01-03
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: September 27, 2001
Time: 4:00 P.M.
Owner for Variance:
Auulicant for Variance:
Name:
Jody Cooper
William Lukes
Address:
810 Bonita Drive
Aspen, CO 81611
P.O. Box 8289
Aspen, CO 81612
Location or descriution of urouertv:
810 Bonita Drive, Lot 20 West Aspen Subdivision
Variances Requested:
The applicant is requesting a variance from the duplex floor area requirements of the R-15 zone district to
increase the allowable floor area by 211 square feet for the conversion of the garage at 810 Bonita to living
space and the construction of a new garage.
Will auulicant be reuresented bv Counsel: YES: NO: X
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
.
MEMORANDUM
TO:
Board of Adjustment
Joyce Ohlson, Deputy Directorjt;:)
Sarah Oates, Zoning Office?D
THRU:
FROM:
RE:
810 Bonita Drive - Jody Cooper Residence
DATE:
September 27,2001
SUMMARY: The applicant requests a variance from the floor area dimensional
requirements in order to convert the existing garage to living space and construct a new
garage. The property is located in the R-15 zone, on a 18,760 square foot lot with a
permitted duplex FAR of 5,145 square feet. The existing FAR, as calculated by the City
Zoning Officer and the applicant's architect, is 4,826 square feet. 810 Bonita Drive is one-
half of an existing duplex. The total FAR of 810 Bonita Drive is 2,329 square feet and, the
other side of the duplex, 808 Bonita Drive, has 2,497 square feet of FAR. Currently, there
is 319 square feet of available FAR and the applicant is requesting 211 square feet of
additional FAR, for a total of 5,356 square feet of FAR for the duplex property.
Please refer to the attached drawings and written information provided by the applicant for
a complete presentation of the proposed variance.
APPLICANT:
Jody Cooper, represented by William Lukes
LOCATION:
810 Bonita Drive
REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.108.040
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)
circurnstances 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: Floor area ratio (FAR) is a function used to control the size and
bulk of a building and the maximum limits allowed are determined by the
code. Staff concludes that a variance which further increases the FAR of the
building would be inconsistent with the goals of the Aspen Area
Comprehensive Plan and the purpose of the 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: The reasonable use of the parcel already exists, as the lot
accommodates a reasonably sized duplex unit. 18,570 square feet is a
substantially size lot for the R-15 zone district, and this lot has not been
encumbered with steep slopes or any other factors which have reduced the
allowable FAR.
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.
,A"""'''.
Response: As indicated in her application, the applicant received some
incorrect information for a Community Development staff person as it relates
the existing FAR on the property. The information was obtained from a
building permit file. The applicant claims this situation has constituted special
conditions and circumstances. The criteria stipulates that the special
conditions and circumstance must be unique to the parcel, building or structure.
As previously stated, there is nothing unique about this parcel, building or
structure as compared to other lots in the R-15 zone district. Staff feels that
although a mistake was made, this does not justify granting a variance for
additional FAR. The granting of the variance would confer special privileges
to this parcel, simply by giving someone additional floor area that many
property owners would also like to have.
ALTERNATIVES: The Board of Adjustment may consider any of the following
alternatives:
. Approve the variance as requested.
~
.
. Approve the variance as requested.
. Approve the variance with conditions.
. Table action to request further information be provided by the applicant or interested
parties.
. Deny the variance finding that the review standards are not met.
RECOMMENDATION: Staff recommends that the request for a FAR variance be
denied.
RECOMMENDED MOTION: "I move to deny the request for a FAR variance of 211
square feet for 810 Bonita Drive, finding that the three review standards are not met."
~
WILLIAM LUKES + ASSOCIATES
PROJECT MANAGEMENT
ARCHITECTURE
10 September 2001
City of Aspen Board of Adjustment
c/o Sarah Oates, City Zoning Officer
Aspen Community Development Department
130 South Galena
Aspen, Colorado 81611
re:
Application for Approval of a Variance to exceed the allowable Floor Area Ratio
Cooper Residence, 810 Bonita Drive
Aspen, Colorado
..............-
Sarah:
On behalf of Jody Cooper and her family, we are submitting this application for a variance to exceed the
allowable floor area of 5,143 square feet by 211 square feet for the duplex which is located at 810 and
812 Bonita Drive in the City of Aspen. In particular, the request pertains to a relocation of the existing
garage and conversion of garage space to living space at 810 Bonita, which is the Cooper's home. We
would appreciate being placed on the agenda for the September 27, 2001 meeting of the Board of
Adjustment.
Enclosed are the following required materials in support of this application:
1. The compieted application form.
2. Nine copies of our material explaining the request and the nature of the existing and proposed
improvements, including this letter, an existing floor plan, proposed floor and roof plans (2), and
proposed changes in the building elevations (3). We will also bring copies of a survey of the
property and the plat map for the duplex condominium to the meeting, as well as photographs
for the Board's reference.
3. The current mailing list and labels for property owners within 300' as obtained from the GIS
office.
4. The application fee of $155.
Please advise my office immediately if this application is incomplete or othelWise not ready for review
by the Board. If there is any other information which you anticipate that the Board would want to
consider, please let me know and we'll try to provide it.
POST O~flUi Box tl211y
As I' t'N Cill.O RA 1)0
111011
97U.9 2(1.6~:n9 I'A X 920.0<)t16
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1 0 September 2001
Page 2
Thank you for helping Mrs. Cooper after the unfortunate misunderstanding of the preceding weeks, and
for working with us to have this matter considered at the next meeting; we both appreciate it.
Please let me know if you need anything further, and the dates by which the notice must be mailed and
the sign posted.
Respectfully Submitted,
WilLIAM LUKES + ASSOCIATES
r,/, _
\it4--'
-
William lukes, AlA
enclosures [9 copies]
copy: Jody Cooper
,
RESOLUTION NO. 05
Series of 2001
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
DENYING A VARIANCE FROM THE FLOOR AREA REQUIREMENTS OF THE R-15
ZONE DISTRICT IN CASE NUMBER 01-03 RELATING TO PROPERTY IN THE
CITY OF ASPEN WITH AN ADDRESS OF 810 BONITA DRIVE, LOT 20, WEST
ASPEN SUBDIVISION, ASPEN
WHEREAS, Jody Cooper made application,
dated September 7, 2001 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 September 27, 2001 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: Jody Cooper on September 7, 2001 for property with a
street address of 810 Bonita Drive, 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.
1111 m 1111111111111111 t7~~~~;1 ~ I: 45A
SILVIA DAVIS PITKIN COUNTY CD R 10.00 D 0.00
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Section 2. Variance Denied.
The Board of Adjustment does not hereby grant the applicant
the following variance from the terms of Chapter 26 of the Aspen
Municipal Code by a 0 to 4 vote, finding that the review criteria
have not been met:
A variance from the R-15 zone
requirements in the amount of 211
floor area for the conversion of an
living area and the construction of a
district floor area
square feet additional
existing garage into a
new garage.
APPROVED AS TO FORM
Q~ I~-
Ci Y Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 27th day of September, 2001
~~-
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
"'''ed. ~~
puty City Clerk
2
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SILVIA DAVIS PITKIN COUNTY CO
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.
THE Cm OF ASPEN
BOARD OF ADJUSTMENT
APPLICATION PACKET
DATE 1 <)~p
20" [
CASE#
APPLICANT ...k>VI ~ PHONE Q10-q2S-Lfj,~
MAlLINGADDRESS <6'ID 'Bo~\'rlt U? , ~ I CD ~~ll
OWNER ~ ~ 'PHONEjJo-qZ.CS-L.!'fW
MAILING ADDRESS 'iSlD 'Eoru11l't 1;?(../ ~eNl W 't11011
l-C1f 'J.o W~9T M"e~ W,,",PIII ~ lor-)
LOCATION OF PROPERTY 8..10 p;o tJITP- Ofl-Ille. MPe~
(Street, Block Nmnber and Lot Nmnber)
WILL YOU BE REPRESENTED BY COUNCIL? Yes_ No~
Below, describe clearly the proposed variance, including all dimensions andjustifieation
for the variance (additional paper may be used if necessary) , The building permit
application and any other information you fecI is pertinent should accompany this
application, and will be made part of this case,
<?~E:: f'rrf\vtf eo ve:rr1<otf-
Wl-LA.
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Applicant's Signature ~t'~<?~rJG? Jo".,. 600 ff;f-
REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN
CITY CODE, CHAPTER 26. AN OPINION CONCERNING THIS VARIANCE
WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT
STAFF
DATE PERMIT DENIED
DATE OF APPLICATION
OFFICIAL
HEARING DATE
l.0/c0'd
98690C6 01 ..[0vv50l.6 ~lW 3WOH O~~d Sll3M dd 65:9. .00c 0[ ~n~
REQUEST FOR APPROVAL OF A FLOOR AREA V ARlANCE
LOT 20, WEST ASPEN SUBDIVISION
COOPER RESIDENCE. 810 Bonita Dtive, Aspen
APPROVAL REQUESTED
The applicant is tequesting a vatiance from the Floor Area Ratio [FAR]
provisions for the R-15 zone district in the Ciry of Aspen ro allow for
relocation of an existing garage and use of a panioo of the existing garage as
living space.
LOT SIZE / ZONING
The lot size is 18.760 square feet, which is a conforming lot size in the R-15
zone. The zoning far the time of the development and again as adopted by
the Ciry Council just recently] allows a maximum floor area of5.145 square
feet with exemptions for the first 500 squate feet of garage area for each
home on the lot.
The setbacks for this lot are:
Fro"nt yard 25 feet for residential dwellings
30 feet for accessory buildings
10 feet
10 feet for residential dwellings
5 feet for accessory buildings
Side yards
Rear yard
There is no percentage of open space required for this lot.
Allowable floor area.
Basic FAR
Additional FAR allowed @ 6 SF of building
for each 100 SF oflor area over
15.000 SF = 3,760 /100 x 6 =
4.920.0 SF
Total
225.6 SF
5.145.6 SF
EXISTING IMPROVEMENTS There is an existing duplex on this lot. which is zoned as a duplex lot in the
R-15 ZOne disrrict off of Cemetery Lane. The duplex is platted as the Bonita
Condominiums. The Cooper family owns and lives in the unit in question
which is identified as unit 810 at 810 Bonita Drive, on the northwesterly
half of [he lot. Another family owns the adjacem unit 808 on the southeast
portion of the properry.
The condominium units were developed in their presem form by Semrau
Building and Design in 1997. by rebuilding an existing duplex. The
Coopers bought 810 Bonita from the developer and have lived there ever
since.
The tWo duplex units are not identical. The Coopers' unit is 2,329 SF
calculated by the FAR method. The other unit is 2.497 SF by the same
merhod. for a total of 4.826 SF [FAR method]. The difference of 12 SF
becweeh the above areas and the areas shown on the developer's plans is due
to the bon-existence of cwo small ski closets which are shown on the plans
bue which were never built. for unknown reasons.
APPLICATION FOR A VARIANCE
The Cooper Family, 610 Bonita Drive, City of Aspen
'vVilliam Lukes + Associates
September 10, 2001
Page 1
PROJECT DESCRIPTION
PROJECT BACKGROUND
APPLICATION FOR A VARIANCE
The Cooper Family. 810 Bonita Drive, City of Aspen
VlJilliam Lukes + Associates
Seplembef 10. 2001
Page 2
All of the existing improvements appear co have been built according to the
1997 plat and developer's plans, and all the imptovements appear to comply
with the yard setbacks and orner zone requirements, based on a cursory
visual examination.
We have reviewed the available information regarding lot area and floor
areas with Sarah Oates and there was agreement that the FAR calculations
on the, Semrau drawings could be regarded as accurate for purposes of chis
application.
The Cooper family originally wanted to convert the existing garage into a
family room and then build a teplacement garage with a bedroom above it;
there Was a misunderstanding regarding available floor area between the
Coopers and the City's Community Development Deparrment, resulting in
a calculation of available FAR space by a City sraff member that led the
Coopers to believe that such an addition was possible when, in fact, there
was not nearly enough floor area available. I will describe the hardship
created by this situation in more detail elsewhere, but that misunderstanding
resulted in the configuration of the current project proposal.
Ar tharpoint, the Coopers were willing to scale back rhe project quite a bit
bur there was only about 305 SF left in the FAR allowance which was not
enough ro do rhe minimum basic project that they need. We investigated
adding a one car garage with a carporr ro reduce the enclosed area, bur found
that carports count for floor area just as if there is a garage. We therefore
made the garage as small as functionally practical and are requesting a small
variance of 211 square feet.
The project as proposed consists of conversion of 528 SF of rhe exisring two
cat garage into a family room and construction of a replacement 528 SF, one
story garage addition adjacent to it. An existing room on the lower level that
has been used as a playroom may be used as a bedroom for rhe grandparenrs.
The additional bedroom on rhe uppet level would not be built. Because
there is presently 305 SF left in the FAR allowance for the lor, rhe amounr
of square footage for which a variance is being sought would be as follows:
T oral area of addition
528.0 SF
less remaining SF in FAR
less Ski lockers nor built
< 305.0 SF >
< 12.0 SF >
Net additional SF per FAR calculation method
211.0 SF
The Cooper family has recently gone thtough some changes which affected
how their home wotks for their family; Mrs. Cooper was recently widowed,
the two Cooper children are now reenagers, and Mrs. Cooper's parents
would like to spend more time at the Cooper home helping to raise the twO
boys. Several months ago, the Coopers decided to either add onto the house
somewhat or CO find another home that better met their new needs. They
listed treir home for sale and received contract offers, one of which they
APPLICATION FOR A VARIANCE
The Cooper Family. 810 Bonita Drive, City of Aspen
'MUiam Lukes + A.ssociates
September 10, 2001
P...3
intended to accept. Befote they accepted the offer, howevet, the family
decided to investigate the feasibiliry of adding onto their house rather than
moving. Jody Cooper contacted the City Community Development
Department to find out if rhey could add on enough space for a new garage,
conversion of the existing garage, and a new bedroom with bath. The
Coopers had three separate conversations wirh staff planner Greg Woods by
phone-and in person, during which time Me. Woods prepared a floor area
ratio calculation on a nOlepad [enclosed as Attachment A] which showed
that there is about 2,158 SF available under the floor area cap, or 1,079 SF
for each duplex unit. This information was repeated and seemed to the
Coopers to be confirmed during these multiple conversations.
The Coopers then decided not to accept the offer on their home, canceled
the listing for sale, and retained William Lukes + Associates to help them
plan and design the addition. Mr. Lukes made an appointment for a pre-
app conference, during which it became clear that there had been some
misunderstanding about the size of the existing duplex structure and that the
memo. notes given to the Coopers were incorrect; there is actually only 305
SF of floor area left, in total, not 1,079 SF per unit.
Mr. Lukes met with James Lindt and then with Julie Ann Woods and Sarah
Oates about what options were available to the Coopers with the conclusion
being that there were no administrative options available to deal with this
situation and allow the Coopers to go fOlWard with the project unless the
total size was ~educed to 305 SF or less. At that point, the Coopers were
advised that tpe approptiate and only route to go would be to request a
variance for the smallest practical amount of additional square footage and
submita request for that vatiance to the Board of Adjustment. The project
was cut down CO the minimum and the application submitted to Commu-
nity Development as presented herein.
CITY OF ASPEN LAND USE CODE
Criceria for Variances
Section 26.314.030 Authorized Variances
Variances may only be granted from the ftllowing requirements of this Title 26:
A. Dimensional Requirements.
This application requests a 211 square foot variance from rhe toral allowable square foorage
of 5, 145 SF. No heighr, serback, or orher variances should be necessary.
B. Permitted uses, hut only to aLlow for the temporary off-site location or storage of materials, structures or
equipment pursuant to building construction or construction staging.
Nor applicable.
Section 26.314.040
Standards applicable to variances.
A. In order to authorize a variance from the dimensional requirements afTitle 26, the appropriate decision
making body shall make a finding that the ftllowing three (3) circumstances exist:
1. The grant of variance wilt be generally consistent with the purposes, goals, objectives, and policies
of the Aspen Area Commllnity Plan and this Title;
o No uses are being proposed which are contrary ro rhe purposes, goals, objecrives and
policies of the Mer, nor which are inconsistent with the woe district requirements
for rhe Moderare Densiry Residential (R-15) zone district.
o The proposed conversion of rhe exisring garage ro a family room is permissible
wirhout a variance, and rhe Cooper family could accomplish thar and park rheir
vehicles in the driveway area uncovered. We believe that providing an enclosure for
rhe vehicles improves rhe,appearance of rhe neighborhood, would be preferred by rhe
neighbors. and is more harmonious with the purposes. goals and objectives of the
MCr rhan leaving parked vehicles visible on rhe properry.
o Approval of a minor variance in the allowable square footage for a portion of a low,
one-story addition will not change the character or density of the neighborhood in
any way. and will not impact any views. sighdines. or existing vegetation. The
proposed addirion will be ser back considerably from the front of rhe exisring
structure and will not change the character of the srreetscape.
o The proposed addirional floor area will allow for a small two-car garage. By virtue
of providing a floor area waiver for up to 375 SF out of 500 SF of garage space, rhe
land use code and rhis Tide express some preference for providing enclosed parking
where feasible, and rhar IS whar rhe applicanr would like ro do.
2. The grant of variance is the minimum variance that will make possible the reasonable use of the
parcel, building, or structure; and
APPLICATION FOR A VARIANCE
The Cooper Family, 810Bonila Driw, City of Aspen
\Nilliam Lukes + Assooates
September 10. 2001
Page...
o The proposal for addirlonal square footage utilizes the existing square foorage as
effectively as possible and resrriccs the proposed garage to the smallest practical size.
o The existing garage is about 528 square feet and it would not be practical to convert
only a portion of it to living space. By reducing the project [Q the minimum, the
existing garage area of 528 SF had to be counted as living space.
3. Literal interpretation and enflrcement 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 prtUtical difficulty. In determining whether an applicant s rights
would be deprived, the board shall consider whether either of the flllowing 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
o There are special circumstances unique to this request which resulted from the
incorrect or inaccurate information communicated to the homeowner during the
course of three separate contacts with Community Development regarding the
proposed addition. The applicant carefully and thoroughly reviewed their proposed
improvements and size of addition wirh rhe City staff prior to deciding what
direction to go and, only after receiving assurances on those occasions that the
applicant had apptoximately 1,080 additional square feet allowed under the FAR cap,
did the applicant then forego the pending sale of their home to instead make a
commitment to their existing home and neighborhood by remaining on Bonita
Drive. They then incurred expenses and additional time in hiring an architect and
starring to consider plans for the addition when the architect and the planning staff
determined that, in fact, only a negligible amount of square footage was available
under the FAR cap.
o The information about the existing floor areas, parcel and zone district requiremems,
and lot area all seemed to he reflected in relatively recent approvals contained within
the City files.
o The homeowner made a more than reasonable effort to ensure that they were
proceeding according to the local and applicable requirements, have been requesting
approval to make a relatively manor and appropriate modification [0 their home for
the purpose of maintaining in-town residency of a long-time local family, and are
now without options to accomplish what they had been told they would be able to
do, nO( as a result of actions of the applicant.
b. Granting the variance will not confer upon the applicant any special privilege denied by
the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or
structures, in the same zone district.
Not applicable; sub-paragraph a. above contains the relevant conditions.
End of Application
APPUCATION FOR A VARIANCE
The Cooper Family, 810 Bonitli Drive, City 01 Aspen
\Mlliamlukes+Associales
September 10, 2001
PageS
ATTACHMENTS IN SUPPORT OF THE APPLICATION
LOT 20, WEST ASPEN SUBDIVISION
COOPER RESIDENCE, ~IO Bonita Drive, Aspen
V Existing Floor Plan [Main Level]
V Proposed Floor Plans
V Two elevations showing height and size of proposed addition
V Completed Application
V Application Fee
V Mailing Labels
v
ATTACHMENT A
Copy iof floor area calculations provided [0
applicant by Greg Woods ofCommuniry Devel-
opment Department
Survey and Plat Map [will be brought to meeting]
APPLICATION FOR A VARIANCE
The Cooper Family, 810 Bonite Drive, City of Aspen
'MUiam Lukes 'I' Associates
September 10, 2001
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SEP 24 2001 14:56 FR WELLS FARGO HOME MTG 9705440311 TO 9206986
Sent By: Wi.lliam Lukes + ASSOClateSj ~'u C'Glol U~UUI ......1'" ,~-. -.-.'
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AFFIDAVIT or NOTICE PURSUANT
TO ASPEN LAND USE REGULA1l0NS
SECTION 20lM.060(E)
I, JelO"1' C.fll)PB~ . being or ,CjlfcsaWng an
Applicant to the City of Aspen. pasonallY certify tha'l I have cO":ll'lied. with the public notice
requirelllents pUl'S\llll1l to Sea:tion 26.304.06000 aim&: AspCll MUlIicipal Code in the following
manner:
I. By mailing of nOtice, a copy of which inuathecl haeto, by fim~lass posragc plqlaid U.S.
Mail to all owners of propcny within three huIIdrcd (300) feet of tile subject property, as indicated
on thc:attachcdJiS1, onthc: 1'1 clayof~,200J.... (which is It; days prior to the public:
bearing due of' C#6t'. -.J.
2. By posting a 5ign in a COIlSpiCIlOUS 1l11ll1C on tlIe subject property (as it could ~ seen from
thc ncare5t public way) IIQl\ that the: said sign was pgsteclllld visible continuously t'tom the .Ii:.. clay
r of~. 2001-. to the 11 clay of ,~p ,200l. (M1ISt be posted for at lClSt
"-- ten (10) fUll days before theheariJlg c!IIe). A pbotograph ofthc posTed sign is attaChed heJelo.
(Attach photograpb here)
~~(
SignatuIc
Sipllx:fure me ~*aay of ~k:or:
2001.. ~y 2J,lAl../ltArf--/
d v.Jq a.
)
W'lTNESS MY HAND AND omCIAL SEAL
My Commission expire&: tf/30 ~ 4 0 /..1
No!lry Public
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EXHIBIT
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!lS69G!Z& 01 tt~ !l.lJ.l 3l.o-I O!llltj,j ST13M'-~~"iill:Lt ~~
SEP 24 2001 14:56 FR WELLS FARGO HOME MTG 9705440311 TO 9206986
P.03/04
NELSON GEORGE W
NELSON BARBARA S
~ E SHADOWROCK RD
( 'SNlX AZ 85028
\,,-~ ..
PEIRCE FREDERICK F
600 E HOPKINS AVE
SUITE 205
ASPEN CO 81611
PEIRCE FREDERICK F
PO BOX 62
ASPEN CO 81612
PEIRCE THOMAS L
825 BONITA DR
ASPEN CO 81611
RAPHAEL LOUIS ^
869 BRIARWOOO RO
NEWTON SQUARE PA 19073
RILEY JAMES V REV TRUST
gOO BONITE DR
ASPEN CO 8161 I
SCHIFFER SPENCER r
985 CEMETERY LN
ASPEN CO 81611
SCHREIBER FAMILY PARTNERSHIP
5000 FIFTH AVE # II 0
PITTSBURGH fA' 15232
SCHWARZ HANS P REVOCABLE TRUST
840 BONITA DR
ASPEN CO 81611
SIWAKALVIN L TRUST 50%
323 CARLYLE LAKE DR
STLOUIS MO 63141
TYEITE KATE P
945 CEMETERY LN
ASPITN CO 81611
UHtFELOER FAMILY INVESTMENTS
RLLP
633 N 4TH ST
ASPEN CO 8\61\
WILLIAMS BRIAN
1255 BUNNY CT
ASPEN CO 8\61 I
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SEP 24 2001 14:57 FR WELLS FARGO HOME MTG 9705440311 TO 9206986
P.04/04
1245 BUNNY COURT LLC
C/O DAVID I.IYMAN
"'-""OX 1954
L ;N CO 81612.
ANDERSON PARKER T &; CYNTHIA
C/O WING MERRILL
134j SIERRA VISTA DR
ASPEN CO 81611
CHALOUPKA DONAL!) &; VIRGINIA M
PO BOX 393
FRASER CO 80442-0393
DAVIDSON DONALD
864CEMETERYLN
ASPEN CO 81611
FAMILY TRUST 08120/97
810 BONITA DR
ASPEN CO 81611
r-
\....tTH MARY P &; DANIEL T
PO BOX 8849
ASPEN CO 81612
HALL CIiRISTINE CLARK &; J BENNETI
PO BOX 4063
ASPEN CO 81612.4063
HANRAHAN RUTI1 L OWENS
80S BONITA DR
ASPEN CO 81611
HYMAN DAVID
REID BARBARA P
PO BOX 19j4
ASPEN CO 81612
QYMARILYN
iA SNOWBUNNY
EN CO 81611
A&;LRANCHL~
c/o VENDEL Y COMMUNICA TrONS INC
12722 RIVERSIDE DR SUITE 106
VALLEY VILLAGE CA 91607
ASPEN LAKE PROPERTY LLC
117 AABC STE 208
ASPEN CO 81611
CHERRY ADAM Z &; MAR V C
139 9TH ST
DEL MAR CA 92014
DUNN JOSEPH"" LUCY HALL II2INT
1416 GATEWAY RO
SNOWMASS CO 81654-9211
FERGUSON ARTliUR B JR
965 CEMETERY LN
ASPEN CO 81611
GILE ROBERT B III
950 CEMETERY LN
ASPEN CO 81611
HALL J BENNETT &; CHRISTINE CLARK
1225 ALTA VISTA
ASPEN CO 81611
HARRIS S E &; MARCIA K
8200 SYMPHONY DR
BALTIMORE MD 21208
KRIEBEL KATHLEEN
PO BOX 910
ASPEN CO 81612
MAROLT MAXWELL S &; ELIZABETH A
PO BOX 1013
ASPEN CO 81612
ANDERSON DIANE 112
PO BOX 1959
ASPEN CO 81612
I.IERTHOLF HEIDI M QUALIFIED PER RES
TRUST
PO BOX 165
ASPEN CO 81612
CITY OF ASPEN
130 S GALENA S1'
ASPEN CO 81611
EMMER JAMIE L &; MAURICE S
660 HANSEN WAY
PALO ALTO CA 94304
FIRST BAPTIST CHURCH
726 W FRANCIS ST
ASPEN CO 81611
GRIFFITH SUE ANNE
943 CEMETERY LN
ASPEN CO 81611
r
HALL J BENNElT &; CHRISTINE CLARK
1227 ALTA VISTA LN #2
ASPEN CO 81611
HELMICH LINDA L
PO BOX 2382
ASPEN CO 81612
LARSON REVOCABLE GRANTOR TRUST
LARSON RAYMOND &; BErrY TRUSTEES
216 SKYLINE DRIVE
EAU CLAIRE WI 54703-5923
MORRIS CRAIG S
PO BOX 2634
ASPEN CO 81612
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Sue Anne Griffith
943 Cemetery Lane
Aspen, CO 81611
(970)544-4633
(970)544-8048 FAX
September 25,2001
The City of Aspen Board of Adjustment
Attn: Charles Patterson, Chairman
130 S. Galena Street
Aspen, CO 81611
re: Variance Request for 810 Bonita Drive, Jody Cooper, Owner
To Whom It May Concern:
As a property owner in close proximity to the above referenced property, I urge the Board
to deny the request for the facts and reasons as follow:
. The granting of a variance for increased FAR sets a precedent for surrounding
properties which greatly will affect the eclectic character of the Cemetery Lane
Neighborhood. Why have FAR restrictions ifit can be increased by a variance?
. When this property was redeveloped it had the same allowable FAR as it does today.
. The developer chose to divide the FAR between the duplex units in unequal amounts.
. The Ordinance does not view the FAR of a duplex property as two separate F ARs but
as one sinlde FAR for all improvements. How that is divided is between owners.
Therefore, the variance denial should be for the whole parcel of Lot 20, West Aspen
Subdivision (808 and 810 Bonita Drive).
Sincerely,
~~ a!IttJ ,&;JJ:tL
Sue Anne Griffith
EXHIBIT
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