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Home My WebLink Aboutlanduse case.boa.1040matchless.001-00 NOTICE OF PUBLIC HEARII\ _ CASE #00-01 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE V ARlANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the SISTER CITIES 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 o~jection 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 Meetine:: Date: March 9, 2000 Time: 4:00 P.M. Owner for Variance: ADDlicant for Variance: Name: Racquet Club Condominiums Willow Creek Design Studio, LLC Address: 520 East Cooper Avenue, Aspen, CO P.O. Box 7045, Snowmass Village, CO Location or descriDtion of DroDertv: 1040 Matchless, with a legal description of Alpine Acres Subdivision, Block I, Lots 2 & 3. Variances ReQuested: The applicant is requesting a four and one-half (4Y:.) foot rear yard setback variance, a fourteen (14) foot side yard setback variance for the west side of Lot 2, and a fifteen (15) foot combined side yard setback variance for both Lots 2 and 3 to allow for construction of four (4) detached garages. Will aDDlicant be reDresented bv Counsel: YES: NO:X The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman .....~_...~__j__.n_.~_._____ NOTICE OF PUBLIC HEARIN\ CASE #00-01 continued Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE V ARlANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the SISTER CITIES 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 Meetine:: Date: March 9, 2000 continued to April 13, 2000 Time: 4:00 P.M. Owner for Variance: ADDlicant for Variance: Name: Racquet Club Condominiums Willow Creek Design Studio, LLC Address: 520 East Cooper Avenue, Aspen, CO P.O. Box 7045, Snowmass Village, CO Location or descriDtion of DrODertv: 1040 Matchless, with a legal description of Alpine Acres Subdivision, Block I, Lots 2 & 3. a: V??~01,,~ ~O ~ ~ J'U51 ~0o- Lot- ~ The applicant is requesting a four and one-half (4Y:.) foot rear yard setback variance, a fourteen (14) foot side yard setback variance for the west side of Lot 2, and a fifteen (15) foot combined side yard setback variance for both Lots 2 and 3 to allow for construction of four (4) detached garages. Variances ReQuested: Will aDDlicant be reDresented bv Counsel: YES: NO:X The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 CharlesPmerson,ChWnnan ~ -I ~---_.~--_._. . City of Aspen Board of Adjustment Application for Variance Racquet Club Condominiurns Lots 2 and 3, Block I, Alpine Acres Subdivision 1040 Matchless, Aspen, Colorado The applicant requests a variance to the dimensional requirements of Title 26, City of Aspen Land Use Regulations, to construct garages within the required setback. The current zoning for this property is R-6, Medium-Density Residential. The required rear yard for accessory buildings is five feet. The applicant requests that it be allowed to build the garages so that the rear wall of the building is six inches from the property line. This will allow both the foundation footing and roof overhang to be entirely within the property boundary. This variance is necessary for safe and adequate entry and exit of the garages. The garages have been designed to be the absolute minimurn viable depth of twenty-two feet (exterior dimension). This minimurn depth combined with the existing parking area and driveway will allow use of the garages with minimal disruption to existing landscaping. Even with the variance, vehicles with a large turning radius - GMC Suburbans and Ford Expeditions - would require a three-maneuver entry into the garages; smaller vehicles _ Subarus, Hondas, Ford Explorers, and Chevy Blazers - would be able to enter and exit the garages without any extra turns. The number of designated parking spaces remains at twelve, the number required by Sec. 26.32.030. The length of the open-air spaces is twenty-two feet, four feet longer than required and allows for some snow storage at the rear of the parking space. The maximum allowable floor area for these parcels is 2,486 square feet for each dwelling unit. The existing calculable floor area is 1,675 for each of the four units (as per Ordinance #35, series of 1987). The construction of the garages would increase the total floor area by 139 square feet per unit to 1,814 (22 x 24 = 528, less 250 square feet exempted leaves 278 square feet calculated at 0.5 FAR). The applicant believes that this variance request complies with the circumstances as listed in Sec. 26.108.040 Standards applicable to variances. I. The grant of the variance will be consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and Title 26. Title 26 lists within its purpose the need to "foster and preserve public health, safety, comfort and welfare" and to "aid in the harmonious, orderly, and progressive development of the City of Aspen". This section continues with the outlining of regulations to be established which address such issues as transportation. congestion, -~~-~I . . vehicle movement, light and open space. While it is recognized that these issues generally pertain to more substantial developments than the four garages proposed, there is consistency with these objectives in granting this variance. Constructing the garages within the current envelope, closer to the existing units, creates a more massive and overly-developed feel to the site and diminishes the open space around the larger structure of the units themselves. Maintaining distance between the existing buildings and the proposed garages keeps a more open feeling to the site. Moving the garages just under five feet toward the property line does not significantly impact the open space surrounding the Smuggler Racquet Club, the neighbor most impacted by this proposal. It should be noted that there is a somewhat dilapidated railroad tie retaining wall currently at the rear of the property along the property line shared with the Smuggler Racquet Club. If the garages were constructed leaving the required rear yard of five feet, the space at the rear of the garage and the existing 48" retaining wall creates an essentially dead space. Such out-of-the way spaces seem to accumulate a significant amount of debris and provide for the unsightly, unsafe, and possibly unhealthy storage of old tires, trash cans, car batteries, old paint cans, etc. Constructing the garages in the proposed location takes advantage of the southwest orientation to the sun minimizing the unsafe build-up of ice in front of the garages. Alternate orientations increase the likelihood of unsafe ice build-up. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure. The garages are designed at the absolute minimum depth for a viable garage. If the garages were any shallower, the owner of the property would lose the ability to park larger vehicles or store campers or trailers within the garage. The proposed size and location of the garages also minimizes the disturbance to existing landscaping. Most landscaping can remain in place; only two sizable trees would need to be moved (one 5" diameter aspen and one 8" diameter spruce). Smaller encroachments into the rear yard and alternate locations have been considered, but all other options require additional large trees to be moved and would create garages that appeared more massive than necessary. As proposed, the rear of the garages would be almost half covered by the existing drop in elevation (approximately four feet) thereby minimizing the mass of the buildings when viewed from that side. , 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 urmecessary hardship or practical difficulty. Granting the variance will not confer upon the applicant any special privilege denied -,-~-- by the Aspen Area Comprehensive Plan and the terms of Title 26 to other parcels, buildings, or structures in the same zone district. Many homes within this area enjoy the ability to have garages for the storage of vehicles or other equipment. Of the fourteen parcels within a radius of approximately one hundred feet, ten currently have garages. The practical difficulty of an alternate location is that additional large trees would need to be moved, existing landscaping be substantially changed, and the already small yards between the parking area and the units themselves be reduced to an even smaller size. " "~-~" I ~ ~ "~- ~"~~~~_."'~ ~ ~- ~ ~.~._ AGENDA ASPEN BOARD OF ADJUSTMENT COMMISSION Regular Meeting Thursday, March 9, 2000 at 4:00 p.m. Sister Cities, City Hall I. II. III. IV. v. VI. ROLL CALL sf 0Ao b0-F-t OLv"" DISCLOSURE OF CONFLICTS OF INTEREST ~~ ~ (actual and apparent) Sh-. (j) . "'I/~ , ~ ~ qUI:; ~4c::f MINUTES COMMENTS A. B. C. Commissioners Comments Staff Comments Public Comments (concerning items not on the Agenda) PUBLIC HEARING , A. Case #00-01 (c.-o-n'-f7 -10 'A(j>T') ~ )"3/ Racquet Club Condominiums, 1040 Matchless - 4~ foot rear yard setback variance for the west side of Lot 2, 15 foot combined yard setback variance for both Lots 2 & 3 to allow for construction of 4 detached garages. B. Case #00-02 (~CJ;n' f -to m&y} ) 943 East Cooper Street, Unit C - ~ foot variance from the dimensional requirement of 8~ foot by 18 foot for a parking space to allow for an 8 foot parking space. ADJOURN _.,._..I,~ TO: MEMORANDUM Board of Adjustment THRU: Julie Ann Woods, Community Development Director FROM: Sarah Oates, Zoning Office~ RE: Racquet Club Condominiums-I 040 Matchless Drive DATE: March 9, 2000 -------------------------------------------------------------- ------------------------------------------------------------ SUMMARY: The applicant, Racquet Club Condominiums represented by John Howard of Willow Creek Design Studio, requests a variance from the rear and side yard setback dimensional requirements in order to construct four two-car garages in two detached structures and a trash enclosure area. A portion of the proposed detached garage would encroach into the required rear yard setback for accessory buildings, requiring a 4 Y:. foot rear yard setback variance. The proposed garage also requires a 14 foot side yard setback variance for the west side of Lot 2, and a 15 foot combined side yard setback variance for both Lots 2 and 3. The two duplexes (four (4) units total) are located on two lots in the R-6 zone district with a total 31,796 square feet oflot area. Each lot is 15,898 square feet which has the following setback requirements: Front yard setback Rear yard setback Combined front/rear Accessory buildings (rear) Side yard setback Combined side yard Floor area Maximum Site Coverage 10 feet 10 feet 30 feet 5 feet (1/2 foot proposed setback) 15 feet (1 foot proposed setback) 50 feet (35 foot proposed setback) 2,486 square feet per dwelling unit 22% per lot (3,497 square feet per duplex) Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance. STAFF RECOMMENDATION: Staff recommends denial of the variance request finding that Review Standards #2 and #3 have not been satisfied. APPLICANT: Racquet Club Condominiums, represented by John Howard of Willow Creek Design Studio ----I. LOCATION: 1040 Matchless Drive, Alpine Acres Subdivision, Block I, Lots2&3 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) 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: Due to the size and layout of this parcel, the applicant is able to build the proposed garages on the southern side of the parking lot without the need to obtain the required variances. No variance is needed to make possible the reasonable use of the parcel. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant ofrights commonly el1ioyed 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: In reference to the intent of Standard 3, staff feels that having a garage should not be considered a right of all property owners, as a garage is an amenity, not a necessity. Based on this, staff does not support the variance request as we do not feel that this will cause the applicant unnecessary hardship or deprive them of their rights. Also, because the ~__._.I ~'_____"_'_____'_~_n~~' _ ~_H applicant has the ability to construct the garage within the dimensional requirements of the zone district, no hardship exists. ALTERNATIVES: 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. RECOMMENDATION: Staff recommends denial for the rear and side yard setback variance request to construct a garage, finding that Review Standards #2 & #3 have not been satisfied. RECOMMENDED MOTION: "I move to deny the request for a 4 Y:. foot rear yard setback variance, a 14 foot side yard setback variance on the west side of Lot 2, and a combined side yard setback variance of 15 feet for both Lots 2 and 3 to allow for construction of four detached garages at 1040 Matchless Drive, finding that review standards #2 and #3 have not been met." ALTERNATIVE MOTION: "I move to approve the request for a 4 Y:. foot rear yard setback variance, a 14 foot side yard setback variance on the west side of Lot 2, and a combined side yard setback variance of 15 feet for both Lots 2 and 3 to allow for construction of four detached garages at 1040 Matchless Drive, finding that the review standards have been met." c:/saraholhomelboaJraquet.doc ~ I~ '-"~'~-------"-~'--- RESOLUTION NO. Series of 2000 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 00-01 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH A STREET ADDRESS OF 1040 MATCHLESS DRIVE, WITH A LEGAL DESCRIPTION OF ALPINE ACRES, BLOCK 1, LOTS 2 AND 3, WHEREAS, Racquet Club Condominiums made application, dated January 14, 2000 to the Board of Adjustment for a variance from the dimensional requirements of Chapter 24 of the Aspen Municipal Code; and WHEREAS, this matter came on for hearing before the Board of Adjustment on March 9, 2000 and after full deliberations and consideration of the evidence and testimony 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: Racquet Club Condominiums for property located 1040 Matchless Drive, Aspen, Colorado. 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 24-6- 205(E) (4)b) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. _._~~"." ~I .~- 3. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and Chapter 24 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 24 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 24 of the Aspen Municipal Code: A four and one-half (4 Yo') rear yard setback variance, a fourteen (14') foot side yard setback variance for the west side of Lot 2, and a fifteen (15') side yard setback variance for both Lots 2 and 3 to allow for the construction of four detached garages. Section 3. Conditions Upon Which Variance is Granted. The variance granted by Section 2, above, is specifically conditioned upon and subject to the following conditions: 1. The variance is subject to the dimensions represented in the application packet. 2 ---- 2. Unless vested as part of a development plan pursuant to Section 24-6-207 of the Aspen Municipal Code, the variance granted herein shall automatically expire after twelve (12) months from the date of approval unless development has been cOIllll\enced as evidenced by the issuance of a building permit, or an extension granted by the Board in which case the variance shall expire at the end of the extension. 3. Applicant shall, prior to filing an application for a building permit, cause to be recorded with the Clerk and Recorder's Office of Pitkin County a copy of this resolution. INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 9~ Day of March, 2000. 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 Approved as to form: Assistant City Attorney 3 ----~._..~.~~.I~ City of Aspen Board of Adjustment Amendment to Application for Variance Racquet Club Condominiums Lots 2 and 3, Block I, Alpine Acres Subdivision 1040 Matchless, Aspen, Colorado The applicant requests a variance to the dimensional requirements of Title 26, City of Aspen Land Use Regulations, to construct a garage within the required side yard setback and to limit the total side yard setback requirement. The current zoning for this property is R-6, Mediurn-Density Residential. The required minimum side yard is fifteen feet with the total for both side yards fifty feet (thirty-five base plus I foot for each 400 square feet oflot size above 10,000 square feet). The applicant requests that it be allowed to build the garage on Lot 2 so that the side wall of the building is fourteen inches from the property line shared by Lot 2 and Lot 3, and that the overall side yard requirement be held at the base of thirty five feet. The applicant further requests that the total side yard requirement for Lot 3 be held at the same base of thirty-five feet. The applicant believes that this variance request complies with the circurnstances as listed in Sec. 26.108.040 Standards applicable to variances. Arguments for granting this variance request are similar to those for the rear yard setback variance request and are not fully repeated here, however, some amplification is warranted. As noted in the main application, the proposed size and location of the garages minimizes the disturbance to existing landscaping and maintains a buffer between the garages and the neighbors immediately to the east. These are the neighbors who are most impacted by this proposal. Most landscaping can remain in place; only two sizable trees would need to be moved (one 5" diameter aspen and one 8" diameter spruce). If the garage on Lot 2 needs to be within the existing envelope, i.e., built fifteen feet to the east, additional trees will need to be relocated. These trees will, more than likely, need to be planted in a different area thereby diminishing the buffer. Also, while Lot 2 and Lot 3 are technically two separate parcels, for all practical purposes, the parcels are one and the application of a side yard setback requirement on each lot, while technically correct, is somewhat overbearing. An alternative process of re- platting the subdivision as one lot would present an undue financial hardship on the property owners. With regard to the overall side yard setback requrrements, it should be noted that the existing buildings do not comply v..ith the current requirement as the buildings were constructed under different zoning (R-15). These parcels were rezoned (R-6) in 1987. The total of existing side yard setbacks for each lot is currently seventeen feet (:1:). The proposed setbacks would be more than twice that on each lot. . - '-=~-""~-l:~- "{;.",!&"'- "~~-.-' ....... -. ~ ,,",~.fd1 ~lo,,:"'l~J.r:;"!.1.~.,. .~:......~.;,;,;~...;..p"",<,.....,,,":~~. . ,~-x-.-~~l ~~.....;. ....".~..-{...~~;Jl.:~"l'~ ;;."-~ ,'. -..:.....-: .'~. ~~:~{~~.:;-:.:~. ...- ~. ,::~~:-:-:'~:,'*~~~~.f~~":~ h;' . ':",. , .:;._..,.~.~ _..t':.? . ~-.4':A~. .. 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I / -~ r--~~--~~- .0-1..,1 /-' ,-~ - .~- - ~~M 1 lJ I ~ ;r:: \.) ~ >' ~ ~ ~ If) , 111111: ! ~'I! " ; :I,II! I "'Ff] Ili'l"illi'il' If'I.Ii~i:'1 1,,':i!l;tl'I!'r':I'jiil ! ' ~: 1'1. . 'i Illjll;[JI i \ 'I r~1 '11!''''111 ,!frJ '~L>I":, ,I :1'1,'i' l:lI' ']'ill": ! !JII',", 'I ,I ;I,;)II!III";" , I, It ,1'1/ 'i, "'i,1 ' iill'!!" i Ili, :1111':"i'II'llfl~ i'I'II'I' ":1 I; "I. ii", :lil"I,:ril'U 1'1'1'" !'~" ii" Y':",'; " ,~! i) :Ljii~; ":"1",,1(1 'II' I i: "I': " ,', 'I" ' fl,,;!.) 1',1 rl'I"I' ,I I'! ' "'Iii "j I, I,;! II: I il,',IIII,1 1,11',1',111 I' 'I' rill 111,llllli,i ~--f[ n~ I I I I I II I) ;t: o ~ ~ ii Ij G1; I. ~::'.. ~ ~ ~f- >" I: ; ;~ I~ ~I' I" I I DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after th-e third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Racquet Club Condominiums Represented by John Howard, P.O. Box 7045 Snowmass Village, CO 816\5 Property Owner's Name, Mailing Address and telephone number 1040 Matchless Drive Legal Description and Street Address of Subject Property Setback Variance Written Description of the Site Specific Plan and/or Attachment Describing Plan Board of Adjustment Resolution #1-2000, 4/13/00 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) April 29, 2000 Effective Date of Development Order (Same as date of publication of notice of approval.) April 30, 2003 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 29th day of April, 2000, by the City of Aspen Community e elopm~ntiir tor. Ie Ann Woods, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 1040 Matchless Drive, by resolution of the Board of Adjustment numbered I of the series of 2000. For further information contact Julie Ann Woods at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. ... sf City of Aspen Account Publish in The Aspen Times on April 29, 2000 -- ~ .-.;-- -- -- -- -- -- ,/ \ -- - --./ ~ (J~ \ / ....e//(1'. \ ---, LOf\ ~:A':k : l~~ ~>'l ~ :1 ,~- .~ r-t ",,-, 'v",";. \ ,^)l,..,. .. ~,'.1"1 f, .~.\ ,-:;,. 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' ---- ,,3 6 lo( 'SIZE::: -- t.r ~.," \ J.<~..) ~ -~ ~;o., !'- ~ '1.._) 11.,,::>g 16 ..?lot> -\7j.(~c..),(..", \ I " "11 ":Jt ::,....\-7' !f " /"".c'':'; >oj' ..:" "'-_ ... 3.'::.''''. "' '" f/ \ c..-R .:, ' [ 1<-/ >- ~ . n? lit. ...:-- -' /." - ...., ~~~-'/ _~ J' L~ rl I '/<, -I' ... . '" !~ l~ , ...;,.:.t- I. t'/l ,I t,tsI'l.1l f<..f~ \ '~/"Z~I - - - ~~......... - ./ ~"-"-"-"-"-":'-" ;"-";","-"-"-- '''-..-' ~. ,-r)~E; CH ~~}J-~~~~~ o .. '~"=-'" ..... ..../ ~. ..... ...... / ~ a . . :;;/ ....79 -1 . ..:/' ...... ID.~(P.~-" ...... ~. .. /+/r-:.F,~ II / ;' .--1~o I I - ~-~~ ( I I /'f3~.~ \\\ ((~~ "-.. ("-.. "-.. '- ~ --!!! ~ "" -- ~"- "-.. -- "" --- HJ.L;Jwtt:> ... (M\o(' -!, l'\ -1 .!1G-.'tS a. 8t,~,,&"- .- - -----.. I,t'?>.u ~.F1~.e<;. :GS" \ .O<;l.... r ~.-'--v 10.0. "' '-' ~1<- />- '" '" 13.6' --- 'ft' 1 ':~ ,,-~ j ~-,' ~~ '~1 /'" t.' ,'~; :; _.~_.._~. 185.18' S 37'48'15'W 130 S. Galena St. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax Aspen/Pitkin Community Development Department Fax To: -==::)0),1'1 )-iOVV""-f'~ From: .5d--O. Fax: CJd-'!:'-'1I:J-! Pages; ~ Phone: Date: Re: t--.l,-tlU- ~U:J ~ vJiCl.uh C: ~5 o Urgent o For Review o Please Comment o Please Reply ~~' o Please Recycle . Comments: ~~'~ / 9']/ r 'I , ~ () C'\ ,./- -- --~ ~' ..- - ,r{ 15 I ..-J -t- ~ J I ID c! - - ! / - ,9 \0 - ! I' I "'. IY) r), ~ o 00 I - - ill ~ .~ ~ ::s-- OIl A' l~ ~[ ~! ~i - ~, ~l -- ~ \I' ~ ~\ ~ ~ p ~ j] ~ -- . CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPUCATION DATE <O::?\ ' 14- 1'9 ~CX:->-C~ CASE if APPUCANT VJIl..L.DH C-:lZ~E.K- '-r::>&":::>U~N {7\UDlO lu...L-- PHONE Ct2 ~ 3+31- MAILING ADDRESS ~ 1D4-6 ~HO"WH~ VILLJ>66 I CO C',\.(o\s- Below, describe clearly the proposed variance, including all dimensions and justification for the variance. (Additional paper may be used if necessary.) The building permit J.Pplication md my other information you feel is pertinent should accompany this application. and will be made part of this case. ~~ 6bIf:>~'L YAj2.IJ:>..t-1Cl? VDtZ- ~;<~.'j2"(' 1?u'lCP,o..JG::. (G.A~/?S.~ - 'fu.p.""" ~E5 t>-"'T~Eif::>, , REASONS FOR DE:-a..u OF BUILDING PE&'VIIT BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN' OPINION CO G THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARThIE~T STAFF. DATE PER.;,\1IT DENIED OFFICIAL DATE OF APPLICATION HEARING DATE /" C" City of Aspen Board of Adjustment Application for Variance Racquet Club Condominiums Lots 2 and 3, Block I, Alpine Acres Subdivision 1040 Matchless, Aspen, Colorado The applicant requests a variance to the dimensional requirements of Title 26, City of Aspen Land Use Regulations, to construct garages within the required setback. The current zoning for this property is R-6, Medium-Density Residential. The required rear yard for accessory buildings is five feet. The applicant requests that it be allowed to build the garages so that the rear wall of the building is six inches from the property line. This will allow both the foundation footing and roof overhang to be entirely within the property boundary. This variance is necessary for safe and adequate entry and exit of the garages. The garages have been designed to be the absolute minimum viable depth of twenty-two feet (exterior dimension). This minimum depth combined with the existing parking area and driveway will allow use of the garages with minimal disruption to existing landscaping. Even with the variance, vehicles with a large turning radius - GMC Suburbans and Ford Expeditions - would require a three-maneuver entry into the garages; smaller vehicles - Subarus, Hondas, Ford Explorers, and Chevy Blazers - would be able to enter and exit the garages without any extra turns. The number of designated parking spaces remains at twelve, the number required by Sec. 26.32.030. The length of the open-air spaces is twenty-two feet, four feet longer than required and allows for some snow storage at the rear of the parking space. The maximum allowable floor area for these parcels is 2,486 square feet for each dwelling unit. The existing calculable floor area is 1,675 for each of the four units (as per Ordinance #35, series of 1987). The construction of the garages would increase the total floor area by 139 square feet per unit to 1,814 (22 x 24 = 528, less 250 square feet exempted leaves 278 square feet calculated at 0.5 FAR). The applicant believes that this variance request complies with the circumstances as listed in Sec. 26.1 08.040 Standards applicable to variances. 1. The grant of the variance will be consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and Title 26. Title 26 lists within its purpose the need to "foster and preserve public health, safety, comfort and welfare" and to "aid in the harmonious, orderly, and progressive development of the City of Aspen". This section continues with the outlining of regulations to be established which address such issues as transportation, congestion, vehicle movement, light and open space. While it is recognized that these issues generally pertain to more substantial developments than the four garages proposed, there is consistency with these objectives in granting this variance. Constructing the garages within the current envelope, closer to the existing units, creates a more massive and overly-developed feel to the site and diminishes the open space around the larger structure ofthe units themselves. Maintaining distance between the existing buildings and the proposed garages keeps a more open feeling to the site. Moving the garages just under five feet toward the property line does not significantly impact the open space surrounding the Smuggler Racquet Club, the neighbor most impacted by this proposal. It should be noted that there is a somewhat dilapidated railroad tie retaining wall currently at the rear of the property along the property line shared with the Smuggler Racquet Club. If the garages were constructed leaving the required rear yard of five feet, the space at the rear of the garage and the existing 48" retaining wall creates an essentially dead space. Such out-of-the way spaces seem to accumulate a significant amount of debris and provide for the unsightly, unsafe, and possibly unhealthy storage of old tires, trash cans, car batteries, old paint cans, etc. Constructing the garages in the proposed location takes advantage of the southwest orientation to the sun minimizing the unsafe build-up of ice in front of the garages. Alternate orientations increase the likelihood of unsafe ice build-up. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure. The garages are designed at the absolute minimum depth for a viable garage. If the garages were any shallower, the owner of the property would lose the ability to park larger vehicles or store campers or trailers within the garage. The proposed size and location of the garages also minimizes the disturbance to existing landscaping. Most landscaping can remain in place; only two sizable trees would need to be moved (one 5" diameter aspen and one 8" diameter spruce). Smaller encroachments into the rear yard and alternate locations have been considered, but all other options require additional large trees to be moved and would create garages that appeared more massive than necessary. As proposed, the rear of the garages would be almost half covered by the existing drop in elevation (approximately four feet) thereby minimizing the mass ofthe buildings when viewed from that side. 3. 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. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan and the terms of Title 26 to other parcels, buildings, or structures in the same zone district. Many homes within this area enjoy the ability to have garages for the storage of vehicles or other equipment. Of the fourteen parcels within a radius of approximately one hundred feet, ten currently have garages. The practical difficulty of an alternate location is that additional large trees would need to be moved, existing landscaping be substantially changed, and the already small yards between the parking area and the units themselves be reduced to an even smaller size. rfR :~~-_ -f+j- w ffiJ -EB~)/. ttbEtP , ,::'--;-- .. __" j ____ I ,-, , '-' ~rf7 ~ ;:;;~:~2i! <'3 f~};J C;-"C:S \------~ I ~~-J L~JJ/~1t:1;~;Jjjj/ ~ ~---L1J [i~-\\ l r::r-r-, --------L 1 .~___,i /1--____ I I {J,/ J \ r---~-___ -------L-.- I ------------------- m f!frrrr---~ '-~'!J/ //~---J\~- ~-I "'. ~- ~~r-----------_! - J-t] ~ --Z--.c.J2.~\ \ / --- .? ] EJ!t1!t; rr~ 0 kl~ ( I f1_~ r: '~\/ . / ~I ? o I ~I ~ o ----~ liP c-n LLJ < CITY OF ASPEN BtrARD OF ADJUSTMENT -- APRIL 13. 2000 COMMISSIONER. STAFF AND PUBLIC COMMENTS ..................................................................................... 1 MINUTES....................................................................................................................................................................1 DISCLOSURE OF CONFLICT OF INTEREST..................................................................................................... 1 CASE #00-01 RACQUEST CLUB CONDOMINWMS, 1040 MATCHLESS ......................................................1 CASE #00-03 609 WEST BLEEKER - LARGE AND SMALL FRIES................................................................. 4 6 ,", - CITY OF ASPEN BOAlill OF ADJUSTMENT -- APRIL 13. 2000 Charles Paterson opened the Board of Adjustment meeting at 4:00 with Rick Head, David Scott, Jim Iglehart and Bill Murphy present. Howard DeLuca was excused. City staff in attendance were Sarah Oates, Community Development; Jackie Lothian, Deputy City Clerk. COMMISSIONER. STAFF and PUBLIC COMMENTS Jackie Lothian noted that Deanna Olsen stated that she chose not to serve as a member on the Board of Adjustment. MINUTES MOTION: Jim Iglehart moved to approve the minutes from March 9, 2000, Case #00-01- Racquet Club Condominiums, 1030 Matchless Drive. Bill Murphy second. APPROVED 5-0. DISCLOSURE OF CONFLICT OF INTEREST Board Members disclosed no conflict of interest. Sarah Oates stated that she had a conflict with the Large and Small Fries case and that Nick Lelack would present it. CONTINUED PUBLIC HEARING: CASE #00-01 RACQUEST CLUB CONDOMINIUMS. 1040 MATCHLESS Charles Paterson opened the continued public hearing for 1040 Matchless, Racquet Club Condominiums. Notice was provided at the March 9th meeting with the list of mailing. John Howard, Willow Creek Design Studio, provided a new drawing showing the ways autos would have to have to turn around. They were already 6 inches less than the required amount. He said there would be a 5-foot "dead space" if the rear wall of the garages were built in that spot, it would create a trash collection situation. If the garage designs were flipped then there would be less sun and more of a need for cars warming up longer. He reviewed the reasons for granting these variances. John Howard said the sun exposure reduced ice build up and the garages were built into the berm, which would reduce the mass. He said that the staff had said that having a garage was not a necessary right, but he said that there was practical difficulty with the garages sitting in any other place. He felt that the board could find that the applicant had the right for these garages. John Howard added there were no negative comments from staff or from public. 1 . _._..+-'""....."I,.-,..,,>>-~--~ "....., CITY OF ASPEN ~ARD OF ADJUSTMENT -.I APRIL 13. 2000 Rick Head said that massing would occur in either location and would probably be more of a problem for the residents by placing them where John Howard wanted them placed. He said he could not find a practical difficulty and maybe the internal could work but the parking lot could be moved back five feet. He said that he would have been in favor of granting a minimum variance if the applicant came back with a different plan. Jim Iglehart stated that he had no problem with the side yard setback and thought everyone should have a garage; he said that he was in favor of granting the variances as designed. Iglehart noted that no one wrote or called to protest against the proposal. Bill Murphy said the garages were where they belonged and the fact that no neighbors complained, was a positive for him. David Scott said that he sided with Rick. Charlie Paterson stated that he felt that the applicant had a good case and that it did not make sense to move the garages. He noted the practical difficulties with the turns, which would not be good. Paterson said that it wasn't a dense area. Rick Head asked why the placement was needed against the property line when there was more room on the other side and that the garages could be moved. Head noted that it would give away too much and the Board was obliged to keep the garages in conformity and not promote non-conformity. Head suggested changing the setbacks on 2 of the garages, closest to the entrance of where the garages would be built. David Schott noted that it was not built yet, so it would have a little bit more landscaping with what Rick suggested. Bobbie Carson, owner of Unit #4, asked for clarification on which units Rick was talking about changing. Charlie Paterson clarified that they were the east side units (Units 3 & 4). Bobbie Carson said there would be a problem with the other neighbors, if the garages were moved. She stated that open space of 5' would be visually obtrusive. Bobbie Carson implored the board to approve the variances as proposed. Jackie Lothian stated that the City Attorney's Office said that all the board members could vote, after reading the minutes from the March 9th meeting. 2 - .- CITY OF ASPEN BOAld> OF ADJUSTMENT -...../ APRIL 13. 2000 Charlie Paterson noted that four (4) positive votes were need for the variance to pass. The board offered a compromise of moving 2 of the garages forward. Rick Head thanked Bobbie Carson for her passion, but garages were a luxury and not a necessity. David Schott said the garages could be moved back. Charlie Paterson said that he would vote for the compromised variance. John Howard stated that the massing would look larger, if the mass was moved anywhere else and would reduce the apparent density by keeping it on the property line. He reiterated that the current owners did not site the units original placement. Rick Head said that it was not what he could consider; he could live with the amended application but would not vote for it unless amended. Head explained to John Howard that if there was not a compromise, the variances would not be approved. John Howard said that this would bring another large tree down. Head noted that he did not think the garages came near the tree. MOTION: Rick moved to approve the 4Yz foot rear yard setback variance on Lot 3, Units 1 & 2, a 14 foot side yard (west side) variance of Lot 2, and a combined side yard setback variance of 15 feet on both Lots 2 & 3 (east side) to allow for the construction of 4 detached garages at 1030 Matchless Drive. David Scott second. Roll call vote: Iglehart, yes; Murphy, yes; Head, yes; Schott, yes; Paterson, yes. APPROVED 5-0. John Howard asked ifhe could come back with the variance request. Sarah Oates explained that the same variances could not be applied for again. Rick Head stated that there was a quorum tonight. 3