HomeMy WebLinkAboutlanduse case.boa.1022easthyman.014-00
NOTICE OF PUBLIC HEARING
CASE #00-14
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
variance.
Particulars of the hearing and requested variance are as follows:
Date and Time of Meetinl!:
Date: January 4, 2001
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name:
John McCormick
Address:
302 E. Hopkins Avenue
Aspen, CO 81611
Location or description of propertv:
1022 E. Hyman Avenue, Lot 2, Molny-Eubank Subdivision
Variances Requested:
The applicant is requesting a three foot, eight inch (3' 8") side yard setback variance for the west side yard
for the construction of a garage and second floor addition.
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
.
REceIVED
Nav 1 5 2000
THE CITY OF ASPEN
BOARD OF ADJUSTMENT
APPLICATION PACKET
ASPEN i P"Y'"
COMMU"J'" ~ . "c""
" I , uEVEcvFMENT
DATE (x.:rab~1( Z5, 2000
,
APPLICANT cTi1\--\N N~\(3'., PHONE qL'5-43L.I~
MAILING ADDRESS 2:DLL \-\cPK\N~fWENl)~ Pt:PEN CO'l.\\o\\
CASE# (X) -I t.f
OWNER J()\--\N_J"kCN.HlCK PHONE C12}'5-43L\~
MAILING ADDRESS ?:DL E I-bPK\N~ ~\jEN\)~ P<::JtN co 'i, \\0\ \
LOCATION OF PROPERTY \(lM E. \-\~t-1'i'-! p..~t:N\J[ A. 0 -r- .::J
. (Street, Block umber and Lot Number). J. r J .
,..-rrJe./ A/ '1 2 '-' J3 Ax- <- ~",,6-0I/ i//.l,l., ~
WILL YOU BE REPRESENTED BY COUNCIL? Yes_ 'W6_
Below, describe clearly the proposed variance, including all dimensions and justification
for the variance (additional paper may be used if necessary). The building permit
application and any other information you feel is pertinent should accompany this
application, and will be made part of this case.
Pl-~F\:::E ~('E ATffiWEb
Applicant's Signature
I~"
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
OFFICIAL
HEARING DATE
DATE PERMIT DENIED
DATE OF APPLICATION
RESOLUTION NO. 02
Series of 2001
.A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 00-14
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
1022 EAST HYMAN AVENUE, ASPEN, COLORADO.
WHEREAS, John McCormick has made application,
dated October 25, 2000 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 January 4, 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: John McCormick on October 25, 2000 for property with a
street address of 1022 East Hyman Avenue, 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.
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o R 15.00 0 0.00
.
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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 minimum variance that
will make possible the reasonable use of the parcel,
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 three foot, eight inch (3' 8~) side yard setback variance
on the west side yard for the construction of a 258 square
foot garage.
~
1111111I11111111 111111
SILVIA DAVIS PITKIN COUNTY CO
460983
Page: 2 of 3
11/19/2001 11:44A
R 15.00 D 0.00
APPROVED AS TO FORM
n.~J
City Attorney
(I
v
of the
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
City of Aspen on t~ d~ 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
stated. 'Jlea>1dr~
~ty City Clerk
d.
\1'JI'J'\I,'j~;~;u,~'
I propose to build within 3.7 feet of my side yard set back for the purpose of building a
single car garage consisting of a 2 story addition including the upstairs. This will leave
1.3 feet of side yard left,
The dimensions of the addition are 12 feet by 2 I Y, feet allowing for a 260 sq ft garage on
the ground floor.
The justification for the variance is that it is very normal and of benefit to both the
applicant and the City of Aspen to have a place to put a vehicle. The benefit of a garage
is recognized by the City in both the construction of employee housing and free market
homes, hence the exclusion from FAR, square footage for the purpose of constructing a
garage.
Since the subject property is well off the street and abuts a 14' access easement, said
variance will not negate the reason for having set backs. The property is not viewed from
the street and there will still be 14 feet of easement and 1.3 feet of set back (15.3 feet)
between the garage addition and the neighbor, who will not be affected by the addition at
all.
Therefore I hold that this variance is justified in that it allows the applicant to have a
garage, something encouraged by the City and certainly a normal part of a house. In
addition, the variance will have minimal impact on the neighbors.
Sara Oates from the City has recommended that the garage be accessed from the alley.
The applicant's plans comply with that request.
Therefore the granting of this variance meets the following three circumstances as
required by the Board of Adjustment.
1. It is consistent with the purposes, goals, objectives and policies of the Aspen
area community plan.
2. It is the minimum variance that will make use of the parcel, building or
structure as the applicant does not request us of the entire set back area, but
only that portion as necessary for the construction of a garage.
3. Literal interpretation and enforcement of Title 26 would deprive the applicant
of the rights enjoyed by other parcels in the same zone district as most of the
neighbors, both free market and employee housing have 2 car garages. The
parcel does not allow for construction of a garage in any other area.
Thank you for your consideration in this matter.
~~
John McCormick
."'.."Y
MEMORANDUM
TO:
Board of Adjustment
Joyce Ohlson, Deputy Director-Jttc'
THRU:
FROM:
,
,
Sarah Oates, Zoning Officer--~ ~-
RE:
1022 E. Hyman Avenue
DATE:
January 4, 2001
-------------------------------------------------------------------------------------------------------------
SUMMARY: The applicant is requesting a side yard setback variance for the
construction of a garage and small addition above the garage. Only the garage requires a
variance, as the proposed upper floor addition complies with the setback requirements.
The subject property, located in the Residential Multi-Family (RlMF) zone district. has
the following dimensional requirements relevant to the variances requested:
Side yard setback
Required
5'
Proposed
l' 4"
The applicant is now requesting a 3' 8" side yard setback variance on the west side to
allow for the construction of a 258 square foot garage to be accessed from the alley. The
property is bordered by the Roaring Fork River on the east side and a 14' wide access
easement on the west side. 1022 E_ Hyman is accessed via the easement off of Hyman
A venue but another lot separates the parcel from the street.
ST AFF RECOMMENDATION: Staff recommends denial of the variance request
finding that Review Standards #2 and #3 have not been satisfied.
APPLICANT:
John McCormick
LOCATION:
1022 E. Hyman Avenue
REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section
26.314.040 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 Community Plan and
this title.
Response: The Aspen Area Community Plan does not specifically address
this parcel, however it does allow for residential development in this area of
the City. Generally, the proposal would be in keeping with the land uses
established for this property. The Land Use Code does have incentives in
terms of floor area for providing garage space, and to access the garage off
the alley.
2. Standard: The granting of the variance is the minimum variance that will make
possible the reasonable use of the parcel, building, or structure.
Response: The applicant is requesting the minimum variance possible to
build a garage. The garage is a minimal size and there is no other location to
place it. Nonetheless, there already exists a reasonable use ofthe parcel
without a garage.
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 Community Plan the terms of this title to other
parcels, buildings or structures, in the same zone district.
Response: 1022 E. Hyman is a very confined lot due to its proximity to the
river and the fact that the lot does not have street access. But, in reference to
Standard 3, staff feels that not having a garage should not be considered a
deprivation of rights commonly enjoyed by other parcels in the same district.
A garage is an amenity, not a necessity and based on this, staff cannot not
support the variance request as we do not feel that this will cause the
applicant unnecessary hardship or deprive them of their rights.
AL TERNA TIVES: The Board of Adjustment may consider any of the following
alternatives:
. 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.
RECOMMENDED MOTION: "I move to approve the request for a 3' 8" variance
for the west side yard setback for the construction of a 258 square foot garage at
1022 E. Hyman finding the Review Standards have been meet."
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The alleywav off Cleveland to the east. between Hyman and Hookins is
crowdcd cnough. and bIOl::<cd \00 much as it is. Pleasc do ilet aii(w. 'vir.
\kCnrmick rodcstroy the separating bcrm. facing a new garage into the
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Dear Board of Adjustments
I have to strongly object to John McCormick's variance application as it is.
but have some suggestions that would make his garage and addition non-
objectionable.
I'm Tom Alpern of the East Hopkins Affordable Housing Association. (the
homeowner across the alley). When OUR units went in. the approval
process for our units were rejected by the neighborhood. until there were
only 4 family units. ::md a berm was put it to separate access. and to secure
a personal. private parking area for the house :'vIr. McCormick now owns.
Two of our association's four units. (my family's. ::md the :VUnes' ne.xt doon.
only access our homes through the alley. with no front access 1:0 ::my street.
With visitors. and service vehicles for every other house down the alley.
we're all too frequently blocked as it is! The folks at the mouth of the alley
have been forced to build a fence to protect their home from the
abundance of head lights and traffic noise! Enough is enough. and the
agreements of the past should not be ignored.
Although I would lose a beautiful view of three "Aspen" Victorian's with
his addition. I wouldn't object if the garage would simply point the other
way, or if the alley were extended an extra ten feet. so he could swing out.
or have a pizza delivered without us blocking each other.
Without extending the alley. he would have to swing the butt of his car
onto our walkways. and eliminate our ability to block our own garage with
a visitor, delivery, or a service vehicle! This is completely unacceptable!
The meters for our building are in my "front" yard. so I have to keep the
walkway cleared of ice. If he backs over where I have to chip ice, it would
be hell, not to mention the worry of my small children and their toys
playing in our porch sized yard through the summer! I'd have to erect
short fence along our sidewalk to avoid all this, which might not leave him
enough room to maneuver out of his garage!
If he's granted approval to build as the plans are now. without pointing it
the other way. or filling in his lower yard to e.xtend the alley for a place to
swing his cars back, my family of four would lose the ability to park three
to sLx guest. delivery, or service vehicles that block nothing but my own
garage, and each other. for him to add NO new parking! Again. for him to
just point QIle. parking place in a different direction than it does now. a
space he already uses anyway. the people on this side of the berm would
lose 2 "non-blocking" parking places, and many more if they block each
.
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other! Any visitor of mine or his would block the other. and knocking on
doors to find a person and ask him to move so you can get to work is a
pain I deal with enough already being at the end of the alley!!!
Everyone else in down the alley can have at least one visitor pull up
blocking just the garage of the people they visit. but I don't think I could
even park a small car over my pavement in my lawn without blocking the
garage door he described. If anyone in my family. or anyone of your
tenants ever has a guest, a client. or even a carpet cleaner pull in back
there. the other garage will be blocked! The trash truc:( and deliveries
have to get through. because that's our only from door. We'd be forced to
annoy and be annoyed by tenam after tenant as we bother each other's
new. as yet unscolded guests to please move their cars to the nearest
street all the time. My parents come over all the time to visit. pick up. or
drop off sleeping grand kids over their shouiders. and they're getting oid!
Making every visitor, and client that visits my home office. have to trek
around the front of our house up those steps in wimer is a onnai thing to
impose. Cur two kids will have cars someday. too. For us. this place is our
life. not a temporary profit project. Yes. I have a garage ,hat's supposed to
fit two cars. but my guests don't have a clicker, and either will his! The
Mines. my neighbors can't fit two cars in their garage, so they always leave
a car parked in that alley somewhere. They're a family of four too. as are
we. and when all our kids start driving too...! just can't imagine. Please
make him point the other way. or at least extend the alley back more.
Please don't approve it as it's proposed! Too many people would be
inconvenienced by no benefits he can't achieve a different way.
The best option though. is to point his garage the other way. how he
accesses his parking now. I've been told you have a policy to disallow some
maximum square footage bla bla bla, if a garage doesn't point to an alley,
but I beg you to walve that punishment in this special case because of the
geography. We're upside of a river back here, and if your policies are so
set that unique geography does not apply to them, then something is
terribly wrong! Grant him the maximum allowable square footage bla bla
bla, and let him aim his garage down his own driveway, or build the
garage where he has his storage shed. or along the side of his house if he
wants. Let's respect his needs without butchering neighborhood
agreements of the past, and blocking each other by wasting space!
We appreciate your consideration.
The Alpern Family, Tom Therese. Elijah. and Sadie.
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Dangerous ledge!
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His Access. The three spots he wants to change to two!
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Ledge!
He'd have to back into our front walk!
(This shot is from our living room)
Lose view of
cute blue Victorian.
Kid"iroom view
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CITY OF ASPEN BOARD OF ADJUSTMENT
NAME OF PROJECT: 1022 East Hyman - McCormick
CITY CLERK: Jackie Lothian
STAFF: Sarah Oates
WITNESSES:
CD
John McCormick
@ Sunny Grossblatt
EXHIBITS:
o
Staff Report
@ Affidavit of Notice
4D Board Criteria Sheet
e letter & video - Tom Alpern
MOTION: Jim Iglehart moved approve the three foot eight inch (3'8")
variance for Case 00-14: 1022 East Hyman, limiting the square footage
to two hundred fifty-eight (258) square feet. Mark Heschelschwartz
second. APPROVED 5-0.
VOTE:
YES 5
NO 0
CHARLES PATERSON YES x_ NO_
HOWARD DELUCA YES x NO
MARK HESCHELSCHW ARTZ YES x NO
JIM IGLEHART
BILL MURPHY
YES x NO_
YES x NO_
BOAFORM,DOC
County of Pitkin }
}
State of Colorado }
SS.
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATIONS
SECTION 26.304.060(E)
I,
,
''::.~., ~ u
M ( ( 6 r rYv\ ~ c 1 , 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:
I. 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 day of , 200_ (which is _ days prior to the public
hearing date of
).
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 .!.'L day
of JD7 (_ , 200 0, to the L day of ~x.J -,200,.L. (Must be posted for at least
ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto.
~,\,,\\"ll'H'''''q..
~,,~~~..~o;,;,~..
..:i'~...- -..:'1-"
! ':'~OI AR yo". \
L~H
~ . . ~
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,
of yet: 2.2-.
1
,
.,
Dangerous ledge!
o
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His Access. The three spots he wants to change to two!
J",
--
Ledge!
He'd have to back into our front walk!
(This shot L.. from our living room)
l.ose vie\\' ci
cute blue Victorian.
Kidsroom view
<
Masterbed vIew
)
o
0'--
H..!l<.-...._'~........w......ID<........."'_
.....
1....<IIYl.~IOb.rtImo.....r"""......k!
IlbOI....._..................j
r
JOHN T. McCORMICK
600 E, COOPER AVE,
ASPEN, CO 81611
USAA FEDERAL SAVINGS BANK
SAN ANTONIO. TX 78288.()S44
30-7426/3140
2390
1 0130/2000
~
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~Seo.nylea1ure5
irdul:led.
t Oelailsonbadt '
~loiJw
~ If! CITY OF ASPEN
I $ "155,00
One Hundred Fifty-Five and OO/100____*"'***____****~!!11A11.1*_******"'*.*"'.*..__._.*_*_***_****
11"00 nQoll" ':3101.071. ~bQI:
p~ .;
1I10I.Slllb~QIo"1711" \ --------.. ~
II11JIIU!
variance appllication
GO^"
cP-l~
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ASPEN / PITKIN
(OMMU\.J1TY DEvELOP~ENT DEPARTMEN.T
130 SOUTH GALENA STREET
ASPEN, COLORADO 81611-1975
HEYMAN GERALDINE L
PO BOX 4724
ASPEN, CO 81612
,.._~~......
._~,r_.~,,~ T~.~~_
'r.- -'0,' ::;_, -()\ \_ ii......_
8if.il%47l4
1I"1""II,II"",II"I,I,I"II."I"I,I,I"I"I,I,I"II,I,,j
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t ;: ~ : ~- - J ,] , ',- .
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~
ASPEN / PITKIN
COMMUNITY DEVElOPMFNT DEPARTMEl\T
130 SOUTH GALENA STREET
ASPEN, COLORADO 81611-1975
TAHTA LLC
POBOX 4066
ASPEN, CO 8\612
". "'" ,,; ~,
,/;
fil(
_ _ _ _ .__ r 0 ~._ _ . n ___ . -~
8i:f.i~+4Ci==.€.
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RECEIVED
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D_O..J..~AI Addlllll'
~~
ClMoved, lAIft =-
nllrvo,btlmMl n 1bIIIro....
ASPEN / PITKIN
COMMUNITY DEVEI.OP'I.1ENT DEPARTMENT
130 Soem GALENA STREET
ASPEN, COLORADO 81611-1975