HomeMy WebLinkAboutLanduse Case.BOA.518 Spruce St.006-00
July 27, 2000
III
Arthur and Colleen Burrows
40 Meadows Ranch Drive
Snowmass Village, CO 81615
ASPEN . PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
RE: Application for 516/518 Spruce Street
Dear Arthur and Colleen:
This letter is to confirm that the application for variances for 516/518 Spruce Street was
withdrawn from the Board of Adjustment's agenda. The application was not denied,
rather no action was taken on this matter, and no action will be taken unless another
application is submitted.
Please call me at 920-5441 with any questions.
A!:s, Y'h:1V
Sarah Oates, Zoning Officer
City of Aspen
cc: Case File #00-06
'130 SoUTH GALENA STREET . ASPEN, COLORADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439
Printed on Re<:ycled Paper
NOTICE OF PUBLIC HEARING
CASE #00-06
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: July 6, 2000
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name: Max & Alice Vaughn
Art & Colleen Burrows
Address: 3221 East Yz Road
Clifton, CO 81520
410 N. Mill Street
Aspen, CO 81611
Location or description of property:
Lots 5 and 6, and Parcel B, Williams Addition
516/518 Spruce Street
Variances Requested:
The applicant is requesting a 10 foot side yard setback variance from both the north and south side yard
setback requirements, a 20 foot combined side yard setback variance, and a 5 foot combined front and rear
yard setback variance.
Will applicant be represented by Counsel: YES: X NO:
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
MEMORANDUM
(~1/~~ .
-9-- /J~ CJLc..v ~
00 )
TO:
Board of Adjustment
Joyce Ohlson, Deputy Director
Sarah Oates, Zoning Office~
THRU:
FROM:
RE:
516 and 518 Spruce Street
DATE:
July 6, 2000
SUMMARY: The applicant requests variances for the side yard setback on both the
north and south side, the combined side yard setback and the combined front and rear
yard setback to build two detached residential buildings, and at least one detached
Accessory Dwelling Unit (ADO) and garage. The variances requested are: a 10 foot side
yard setback variance for both the north and south side yard, a combined side yard
setback variance of 20 feet and a combined front and rear yard setback variance of 5 feet.
The property is located in the R-6 zone district, which has the following setback
requirements for a lot of this size:
Side Yard-
Combined Side Yard-
Front Yard-
Rear Yard-
Combined FrontlRear-
15 feet
40 feet
I 0 feet
10 feet
30 feet
The applicants are proposing the following:
Side Yard-
Combined Side Yard-
Front Yard-
Rear Yard-
Combined FrontlRear
5 feet
20 feet
10 feet
10 feet
25 feet
This lot is unique because it is only 60' wide, but because the lot is nearly 12,000 square
feet, is it subject to restrictive setbacks in the R-6 zone district. Typically, a 12,000
square foot lot in the R-6 zone district would be 120' x 100' versus 60' x 200' (as this lot
is configured). The combined side yard setback requirements only allow for a small
building envelope. Due to the lot size, the property owner by right can build two
detached residential units and split the floor area of a duplex. There is currently an
existing house and garage on the property, both of which are non-conforming in terms of
setbacks.
STAFF RECOMMENDATION: Staff recommends denial of the variance request
rmding that Review Standards #2 and #3 have not been satisfied.
APPLICANT:
Max and Alice Vaughn, represented by Colleen and Art Burrows
LOCATION:
516 and 518 Spruce Street, Lots 5 and 6, Parcel B, Williams
Addition
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: The Aspen Area Community Plan endorses smaller houses and
encourages infill. The applicant's proposal for two smaller houses, and at
least one ADU is consistent with the purposes, goals, objectives, and polices
of the Aspen Area Community Plan.
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: Staff does not feel that the granting of the variances is the
minimum that will make possible the reasonable use of the parcel building,
or structure. There is an existing house and garage, therefore there already
exists a reasonable use of the parcel. The Board does not have to grant
variances to assure an applicant they may maximize the development
potential for their property. Nonetheless, the variances requested are
reasonable in terms of being compatible with the neighborhood.
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
--
STAFF RECOMMENDATION: Staff recommends denial of the variance request
finding that Review Standards #2 and #3 have not been satisfied.
APPLICANT:
Max and Alice Vaughn, represented by Colleen and Art Burrows
LOCATION:
516 and 518 Spruce Street, Lots 5 and 6, Parcel B, Williams
Addition
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: The Aspen Area Community Plan endorses smaller houses and
encourages infill. The applicant's proposal for two smaller houses, and at
least one ADU is consistent with the purposes, goals, objectives, and polices
of the Aspen Area Community Plan.
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: Staff does not feel that the granting of the variances is the
minimum that will make possible the reasonable use of the parcel building,
or structure. There is an existing house and garage, therefore there already
exists a reasonable use of the parcel. The Board does not have to grant
variances to assure an applicant they may maximize the development
potential for their property. Nonetheless, the variances requested are
reasonable in terms of being compatible with the neighborhood.
3. Standard: Literal interpretation and enforcement of the terms and provisions of
this title would deprive the applicant of rights commonly enjoyed by other parcels
in the same zone district, and would cause the applicant unnecessary hardship or
practical difficulty. In determining whether an applicant's right would be
deprived, the board shall consider whether either of the following conditions
apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district and which do not result from the actions of the
applicant; or
b. Granting the variance will not confer upon the applicant any special privilege
denied by the Aspen Area Comprehensive Plan the terms of this title to other
parcels, buildings or structures, in the same zone district.
Response: Although Staff supports this proposal in concept, we were unable
to find a hardship or practical difficulty which negates "reasonable use" of
the property. There is an existing house and garage; a second house could be
designed to fit within the restrictive setbacks. If the Board denies the request
for the variances, the property is not deemed un-developable, but does
present a challenge for the applicant. Staff believes the Land Use Code offers
several better processes for allowing this proposal, and cannot recommend
the Board approve the variances because 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 side yard, combined side
yard and combined rear yard variance requests, finding that Review Standards #2
and #3 have not been satisfied.
RECOMMENDED MOTION: "I move to deny the request for a 10 foot side yard
setback variance for both the north and south side yard setback, a 20 foot combined side
yard setback variance, and a 5 foot combined front and rear yard setback variance to
allow for the construction two detached residential units, and at least one detached
Accessory Dwelling Unit and garage at 516 and 518 Spruce Street, finding that Review
Standards #2 and #3 have not been met."
ALTERNATIVE MOTION: "I move to approve the request for a 10 foot side yard
setback variance for both the north and south side yard setback, a 20 foot combined side
yard setback variance, and a 5 foot combined front and rear yard setback variance to
allow for the construction two detached residential units, and at least one detached
Accessory Dwelling Unit and garage at 516 and 518 Spruce Street, finding that the
review standards have been met."
c:/saraho/hornelboa/516spruce.doc
RESOLUTION NO.
Series of 2000
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
DENYING VARIANCES IN CASE NUMBER 00 - 0 6 RELATING TO PROPERTY IN THE
CITY OF ASPEN WITH A STREET ADDRESS OF 516 AND 518 SPRUCE STREET
AND A LEGAL DESCRIPTION OF LOTS 5 AND 6, AND PARCEL B, WILLIAMS
ADDITION
WHEREAS, Max and Alice Vaughn made application, dated June
16, 2000 for variances 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 July 6, 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. The request for variances was initiated on June 16, 2000
by: Max and Alice Vaughn for property located at 516 and 518
Spruce Street, Aspen, Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 26-
304-060(E) (3) of the Aspen Municipal Code. Evidence of such
notice is on file with the City Clerk.
3. The grant of variance will be generally consistent with
the purposes, goals, objectives, and policies of the
Aspen Area 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 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.
The Board determined that findings #4 and #5 above were not
satisfied and the variance request was therefore denied by a
vote of
Section 2. Request for Variances Denied.
The Board of Adjustment does hereby deny the applicant an
extension of the following variance from the terms of Chapter 26
of the Aspen Municipal Code:
A 10 foot side yard setback variance for both the
north and south side yard setback, a 20 foot
combined side yard setback variance, and a 5 foot
combined front and rear yard setback variance to
allow for the construction two detached
residential units, and at least one detached
Accessory Dwelling Unit and garage at 516 and 518
Spruce Street.
2
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 6th day of July, 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 content:
Assistant City Attorney
3
_..,-~~.~--_. .
RESOLUTION NO.
Series of 2000
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
DENYING VARIANCES IN CASE NUMBER 00-06 RELATING TO PROPERTY IN THE
CITY OF ASPEN WITH A STREET ADDRESS OF 516 AND 518 SPRUCE STREET
AND A LEGAL DESCRIPTION OF LOTS 5 AND 6, AND PARCEL B, WILLIAMS
ADDITION
WHEREAS, Max and Alice Vaughn made application, dated June
16, 2000 for variances 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 July 6, 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. The request for variances was initiated on June 16, 2000
by: Max and Alice Vaughn for property located at 516 and 518
Spruce Street, Aspen, Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 26-
304-060(E) (3) of the Aspen Municipal Code. Evidence of such
notice is on file with the City Clerk.
"_",_,_*,~._,_,--,_""",-,,_~'_'~~_~.rn..'
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 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.
The Board determined that findings #4 and #5 above were not
satisfied and the variance request was therefore denied by a
vote of
Section 2. Request for Variances Denied.
The Board of Adjustment does hereby deny the applicant an
extension of the following variance from the terms of Chapter 26
of the Aspen Municipal Code:
A 10 foot side yard setback variance for both the
north and south side yard setback, a 20 foot
combined side yard setback variance, and a 5 foot
combined front and rear yard setback variance to
allow for the construction two detached
residential units, and at least one detached
Accessory Dwelling Unit and garage at 516 and 518
Spruce Street.
2
,--.__.;..._.~-_."~,"",,--_.;.~~---~-,....,,"
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 6th day of July, 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 content:
Assistant City Attorney
3
..___,,,.,........__.......M"'........_.___
AGENDA
ASPEN BOARD OF ADJUSTMENT COMMISSION
Meeting of July 6, 2000 at 4:00 p.m.
Sister Cities Room, City Hall
I. ROLL CALL
II. MINUTES
III. DISCLOSURE OF CONFLICTS OF INTEREST
(actual and apparent)
IV. COMMENTS
A. Commissioners Comments
B. Staff Comments
C. Public Comments (concerning items not on the Agenda)
V. PUBLIC HEARING
A. Case #00-06 - Lots 5 & 6, and Parcel B, Williams Addition
516/518 Spruce Street
A 10 foot side yard setback variance from both the north and
south side yard setback requirements, a 20 foot combined side
yard setback variance and a 5 foot combined front and rear
yard setback variance.
VI. ADJOURN
SETBACK SETBACK VARIANCE
REQUIRED PROPOSED
Side Yard 15 feet 5 feet I 0 feet
Combined Side 40 feet 20 feet 20 feet
Yard
Front Yard 10 feet 10 feet - o-
Rear Yard 10 feet 10 feet - 0-
Combined 30 feet 25 feet 5 feet
FrontlRear
APPLICANT:
ADDRESS:
REQUESTED ACTION: Variance
Pursuant to the Aspen Municipal Code, in order to authorize a variance from the
dimensional requirements of Title 26, the Board of Adjustment shall make a
finding that each of the following three circumstances exist:
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.
The grant of the variance is the minimum variance that will make possible
the reasonable use of the parcel, building, or structure.
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. Ir' determining whether an applicant's rights
would be deprived, the board shall consider whether either of the following
conditions apply:
.
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
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.
County of Pitkin }
}
State of Colorado }
SS.
AFFlDA V1T OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATIONS
SECTION 26.304.060(E)
I, ~ \\Rb\ l.~ II 1'~~~UA/l'l)I~S
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
, being or representing an
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 .ue- day of..::J. J ,^p ..../,'200 Q. (which is -'V> 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 .1:Qday
of ~OVl..e---, 200...!-, to the ~ day of~, 200~. (Must be posted for at least
ten (l0) full days before the hearing date). A photograph of the posted sign is attached hereto.
(Attach photograph here)
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t) '"""\' )
Signed before me this 10 - day of ~ l) /
200 0. by
G\\~p~ C-J ))~, CBua--rUbvS
WITNESS MY HAND AND OFFICIAL SEAL
:>
~oneXPires: ......,
Notary Public
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""'........,.r.__'''~___.
NOTICE OF PUBLIC HEARING
CASE #00-06
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 ofMeetinl!::
Date: July 6, 2000
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name: Max & Alice Vaughn
Art & Colleen Burrows
Address: 3221 East Yz Road
Clifton, CO 81520
410 N. Mill Street
Aspen, CO 81611
Location or description of property:
Lots 5 and 6, and Parcel B, Williams Addition
516/518 Spruce Street
Variances Requested:
The applicant is requesting a 10 foot side yard setback variance from both the north and south side yard
setback requirements, a 20 foot combined side yard setback variance, and a 5 foot combined front and rear
yard setback variance.
Will applicant be represented bv Counsel: YES: X NO:
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
. ~ ~O)
.===---
.'
~
THE CITY OF ASPEN
BOARD OF ADJUSTMENT
APPLICATION PACKET
DA TE~lLLf
2000
CASE#
'12.S 1> i.<;b"' ( W )
PHONE qz..:';-S'-/-Cjr(H)
APPLICANTArt cj. !>>\~ 'lSlA<<=S
'-flo N. VV\;\I <;~.
MAILING ADDRESS Asft'</\ I en '{I to II
OWNER \'\l1A-;. 4 ft1 \ Ce V c~l/\V)
MAILING ADDRESS 7,2.21 eCt':,t 1/2- ~oA1i
C\ \WY11 to 'hI ':;2-0
LOCATION OF PROPERTY c;\~1 C)j '0 .;p,u/&. Pwr:-/ ~'1 Co qliQll
(Street, Block Number and Lot NumbertL.l?t '5,..J.. (P CV\d PCU"ce i B
\.p ill i' C<.VVlS A-Jd', -h6"v--.. )
WILL YOU BE REPRESENTED BY COUNCIL? Yes_ Not .
PHONE
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,
~ ~ ~~ 0JLd )~V1)~~+- SUY~) E>(k\6;~~
Applicant's Signature~,1-r q. ~WeAI\ ~WS
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
ST AFF
DATE PERMIT DENIED
DATE OF APPLICATION
OFFICIAL
HEARING DATE
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