HomeMy WebLinkAboutlanduse case.boa.609 W Bleeker St.003-00
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1, _ fICE OF PUBLIC HEARING
CASE #00-03
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
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 Meetin2:
Date: April 13, 2000
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name:
Large and Small Fries
Mary Holley
Address: 6C1fWest Bleeker Avenue
50 River Oak Lane, Basalt, CO
Location or description of property:
6~ West Bleeker Avenue
Variances ReQuested:
A rear yard setback variance off our (4 ') feet and a side yard setback variance off our (4') feet on the west
side of the property for a detached ADD.
Will applicant be represented bv Counsel: YES: NO:X
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
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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~ 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 ofthis Order.
This Development Order is associated with the property noted below for the' site specific
development plan as described below.
Large and Small Fries, 607 W. Bleeker Ave., Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
607 West Bleeker Avenue
Legal Description and Street Address of Subject Property
Rear Yard Setback Variance
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Board of Adjustment Resolution #3-2000, 4/13/00
Land Use Approva1(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
De opment Directortj
~ Woods, Community Deve opment 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: 607 West Bleeker, by resolution of the Board of
Adjustment numbered 3 of the series of 2000. For further information contact Julie Ann
Woods at the AspeniPitkin Community Development Dept. 130 S. Galena St, Aspen,
Colorado (970) 920-5090.
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s/ City of Aspen Account
Publish in The Aspen Times on April 29, 2000
MEMORANDUM ~
TO: Board of Adjustment \? ~~
THRU: Joyce Ohlson, Deputy Director ~
FROM: Sarah Oates, Zoning Officer-'::; D
RE: 6r!f West Bleeker Street
DATE: April 13, 2000
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SUMMARY: The applicant, Small and Large Fries LLC represented by Mary Holley,
requests a variance from the rear and side yard setback dimensional requirements in order
to construct a detached Accessory Dwelling Unit (ADU) which will be deed restricted to
mandatory occupancy. A portion of the proposed detached ADU would encroach into
the required rear yard setback for accessory buildings, requiring a four (4) foot rear yard
setback variance. The proposed ADU also requires a four (4) foot side yard setback
variance for the west side yard setback. The vacant lot is located in the R -6 zone district.
The lot is part of a Historic Landmark Lot Split, which created two (2) 4500 square foot
lots. The subject property, Lot B has the following dimensional requirements:
Front yard setback
Rear yard setback
Combined front/rear
Accessory buildings (rear)
Side yard setback
Combined side yard
Floor area
Maximum Site Coverage
1 0 feet
1 0 feet
30 feet
5 feet
5 feet
1 0 feet
2241 square feet
50% per lot (2250 square feet)
(1 foot proposed setback)
(1 foot proposed setback for west side)
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 approval of the variance request
finding that the Review Standards have been satisfied.
APPLICANT:
Small and Large Fries LLC, represented by Mary Holley
LOCATION:
6ffJ West Bleeker Avenue
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 Community Plan and
this title.
Response: The variances are requested to preserve the 22" diameter
spruce tree located on the southern portion ofthe lot, while at the same time
provide an ADU that is detached and deed restricted to mandatory
occupancy. Both of these objectives are consistent with the purposes, goals,
objectives, and policies of the Aspen Area Community Plan.
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: In order for the ADU to be the minimum required size, while at
the same time preserving the spruce tree, this is the minimum variance
possible to make reasonable use of the structure.
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: This parcel is unique because of the sizeable tree in the southern
portion of the lot and the smaUlot size created by the lot split. The size and
location ofthe tree creates a practical difficulty.
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 approval of the rear and side yard
variances finding that the Review Standards have been met.
RECOMMENDED MOTION: "I move to approve the request for a 4 foot rear yard
setback variance (allowing for a 1 foot setback) and a 4 foot side yard setback variance
(allowing for a I foot setback) on the west side to permit construction of a detached
Accessory Dwelling Unit which will be deed restricted to mandatory occupancy at 607
West Bleeker Street, finding that the review standards have been met."
ALTERNATIVE MOTION: "I move to deny the request for a 4 foot rear yard setback
variance and a 4 foot side yard setback variance on the west side to permit construction of
a detached Accessory Dwelling Unit which will be deed restricted to mandatory
occupancy at 607 West Bleeker Street, finding that review standards have not been met."
EXHIBITS
Exhibit A-Application
Exhibit B-Historic Preservation Commission Resolution 33-99
c:/saraho/home/boa/smallandlarge.doc
RESOLUTION NO. 00-03
Series of 2000
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 00-03
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH A STREET ADDRESS OF
607 WEST BLEEKER,
WHEREAS, Small and Large Fries LLC made
application, dated March 30, 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 April 13, 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: Small and Large Fries for property located at 607 West
Bleeker, Aspen, CO.
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.
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 (4) foot rear yard setback variance and a four (4)
foot side yard setback variance for the west side yard to
build a detached Accessory Dwelling Unit deed restricted to
mandatory occupancy.
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 commenced 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 13th Day of April, 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
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RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC
LANDMARK LOT SPLIT AND VARIANCES FOR THE PROPERTY LOCATED
AT 121 N. FIFTH STREET, LOTS G, H, AND I, BLOCK 24, CITY AND
TOWNSITE OF ASPEN, ASPEN, COLORADO
Z=:X~IJ;lt 8
RESOLUTION NO~, SERIES OF 1999
WHEREAS, the applicant, Small and Large Fries, represented by Mary Holly, has
requested a Historic Landmark Lot Split and variances for the property located at 121 N.
Fifth Street, Lots G, H, and I, Block 24, City ~d Townsite of Aspen. The property is a
designated historic landmark; and
WHEREAS, all applications for a Historic Landmark Lot Split shall meet all of the
following Development Review Standards of Section 26.88.030(A)(2) and (5), Section
26.100.050(A)(2)(e), and Section 26.72.010(G) in order for HPC to grant approval,
namely:
Section 26.88.030(A)(2), Subdivision Exemptions, Lot Split. The split of a lot for the
purpose of the development of one detached single-family dwelling on a lot formed by a
lot split granted subsequent to November 14, 1977, where all of the following conditions
are met.
a. The land is not located in a subdivision approved by either the Pitkin
County Board of County Commissioners or the city council, or the land is
described as a metes and bounds parcel which has not been subdivided after the
adoption of subdivision regulations by the City of Aspen on March 24, 1969; and
b. No more than two (2) lots are created by the lot split, both lots conform to
the requirements of the underlying zone district. Any lot for which
development is proposed will mitigate for affordable housing pursuant to
Section 26.1 00.040(A)(l)( c).
c. The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this chapter or a "lot
split" exemption pursuant to Section 26.100.040(C)(1)(a); and
d. A subdivision plat which meets the terms of this chapter, and conforms to
the requirements of this title, is submitted and recorded in the office of the Pitkin
County clerk and recorder after approval, indicating that no further subdivision
may be granted for these lots nor will additional units be built without receipt of
applicable approvals pursuant to this chapter and growth management allocation
pursuant to Chapter 26.100.
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e. Recordation. The subdivision exemption agreement and plat shall be
recorded in the office of the Pitkin County clerk and recorder. Failure on the part
of the applicant to record the plat within one hundred eighty (180) days following
approval by the City Council shall render the plat invalid and reconsideration of
the plat by the City Council will be required for a showing of good cause.
f. In the case where an existing single-family dwelling occupies a site which
is eligible for a lot split, the dwelling need not be demolished prior to application
for a lot split.
g. Maximum potential buildout for the two (2) parcels created by a lot split
shall not exceed three (3) units, which may be composed of a duplex and a single-
family home; and
Section 26.88.030(A)(5), Historic Landmark Lot Split. The following standards must
be met:
a. The original parcel shall be a minimum of 9,000 square feet in size and be
located in the R-6 zone district or a minimum of 13,000 square feet and be located
in the R-15A zone district.
b. The total FAR for both residences shall not exceed the floor area allowed
for a duplex on the original parcel. The total FAR for each lot shall be noted on
the Subdivision Exemption Plat.
c. The proposed development meets all dimensional requirements of the
underlying zone district. HPC variances and bonuses are only permitted on the
parcel that contains a historic structure; and
Section 26.100.050(A)(2)(e), GMQS Exemption by the Community Development
Director, Historic Landmark Lot Split. The construction of a new single-family
dwelling on a lot created through a Historic Landmark Lot Split pursuant to section
26.88.030(A)(5) shall be exempted from residential Growth Management allocations and
shall not be deducted from the pool of annual development allotments or from the metro
area development ceilings; and
Section 26.72.010(G), Historic Landmark Lot Split. The development of all lots
created pursuant to section 26.88.030(A)(5) shall be reviewed by HPC at a public
hearing; and
WHEREAS, all applications for variances shall meet the following Development Review
Standard of Section 26.72.01O(D):
1. Standard: The proposed development is compatible in 'general design, massing and
volume, scale and site plan with designated historic structures located on the parcel and
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with development on adjacent parcels when the subject site is in a "H," Historic Overlay
District or is adjacent to an Historic Landmark. For Historic Landmarks where proposed
development would extend into front yard, side yard and rear yard setbacks, extend into the
minimum distance between buildings on the lot or exceed the allowed floor area by up to
five hundred (500) square feet or the allowed site coverage by up to five (5) percent, HPC
may grant such variances after making a finding that such variation is more compatible in
character with the historic landmark and the neighborhood, than would be development in
accord with dimensional requirements. In no event shall variations pursuant to this section
exceed those variations allowed under the Cottage Infill Program for detached accessory
dwelling units pursuant to Section 26.40.090(B)(2).
The floor area bonus will only be awarded to projects which make an outstanding
preservation effort, for instance by retaining historic outbuildings or by creating
breezeway or connector elements between the historic resource and new construction.
Lots which are larger than 9,000 square feet and properties which receive approval for a
Historic Landmark Lot Split may also be appropriate recipients of the bonus. No
development application which includes a request for an FAR bonus may be submitted
until the applicant has met with HPC in a workshop format to discuss the proposal, prior
to design; and
WHEREAS, Amy Guthrie, in her staff report dated June 23, 1999, performed an analysis
of the application based on the standards, found favorably for the application, and
recommended approval with conditions; and
WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting
of the Historic Preservation Commission on June 9, 1999, and June 23, 1999, at which
time the HPC considered the application, found the application to meet the standards, and
approved the application with conditions by a vote of 6 to I.
NOW, THEREFORE, BE IT RESOLVED: That HPC recommends Council approve
the Historic Landmark Lot Split for 121 N. Fifth Street with the following conditions:
I. A subdivision plat and subdivision exemption agreement shall be reviewed and
approved by the Community Development and Engineering Departments and
recorded in the office of the Pitkin County clerk and recorder within one hundred
eighty (180) days of final approval by City Council. Failure to record the plat and
subdivision exemption agreement within the specified time limit shall render the
plat invalid and reconsideration of the plat by City Council will be required for a
showing of good cause. As a minimum, the subdivision plat shall:
a. Meet the requirements of Section 26.88.040(D)(2)(a) of the Aspen Municipal
Code;
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b. Contain a plat note stating that development of Lot B shall be required to
mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the
Municipal Code;
c. Contain a plat note stating that the lots contained therein shall be prohibited
from applying for further subdivision and any development of the lots will
comply with the applicable provisions of the Land Use Code in effect at the
time of application;
d. The two lots created by this lot split shall have a total allowable base FAR, on
both lots combined, equal to 4,580 square feet of floor area prior to
consideration of potentially applicable lot area reductions (i.e., slopes, access
easements, etc.). The applicant shall verify with the City Zoning Officer the
total allowable FARon each lot, taking into account any and all applicable lot
area reductions. The property shall be subdivided into two parcels, Lots A
and B, each 4,500 square feet in size. Provided it is found by the Zoning
Officer that no lot area reductions are required, the maximum allowable FAR
on Lot A will be 2,289 s.f. (including a 500 square foot floor area bonus) and
2,241 square feet of floor area on Lot B. The information verified by the City
Zoning Officer shall be included on the plat, as a plat note;
e. Contain a plat note stating that all new development on the lots will conform
to the dimensional requirements of the R -6 zone district, except the variances
approved by the HPC.
f. That Lots A and B are designated historic landmarks and must receive HPC
approval for all development in accordance with Section 26.72 of the
Municipal Code, as well at Section 26.58, the "Residential Design Standards."
2. As a minimum, the subdivision exemption agreement shall include the elements
outlined in Section 26.88.050 of the Aspen Municipal Code, and shall meet the
recording and timing requirements described in Section 26.88.030(A)(2)(e).
3. Prior to issuance of a Certificate of Occupancy on either lot, the applicant shall
sign a sidewalk, curb and gutter construction agreement (if applicable) and pay
the applicable recording fees.
4. All material representations made by the applicant in this application and during
public hearings with the HPC and City Council shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by HPC or City
Council.
5. That the construction of a new single-family dwelling on Lot B created through
this Historic Landmark Lot Split pursuant to section 26.88.030(A)(5) shall be
exempted by the Community Development Director from residential Growth
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Management allocations and shall not be deducted from the pool of annual
development allotments or from the metro area development ceilings, in
accordance with Section 26.l00.050(A)(2)(e).
6. The schematic design shown on the site plan presented to HPC is in no way
approved or endorsed by the HPC.
7. All information in regard to possible future development on the parcel shall be
removed from the site plan prior to review of the historic lot split by City Council.
Only the existing structures, proposed lot lines, and existing vegetation shall be
represented.
In addition, HPC hereby approves a 2.3' west sideyard setback variance and a 0.3'
combinedsideyard setback variance for Lot A, and recommends the Board of Adjustment
approve variances needed to avoid the large tree in the southwest corner of Lot B; and
moves to continue the public hearing regarding Conceptual and Partial Demolition review
for development on the property to July 14, 1999.
APPROVED BY THE COMMISSION at its regular meeting on the 23'" day of
June, 1999.
Approved as to Form:
A.-lJk~c
Da~!m.~~f.e",Assistant~1y Attorney
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ATTEST:
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Kathy Stri~and, Deputy City Clerk
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THE CITY OF ASPEN
BOARD OF ADJUSTMENT
APPLICATION PACKET
DATE~20()O
APPLICANT ~4-~ ff.1~
CbNTAOr: ~'1' t1tJue-t
MAILING ADDRESS C':i\? ~~ vH.
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OWNER~*i ~ ffl~ VI"V. PHONE~
MAILING ADDRESS~~ ~NTPiN V/ENV !;;fIve ~
LOCATION OF PROPERTY W. (,re fit -z..1~1
(Street, Block Number and Lot Number)
CASE#
PHONE~
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WILL YOU BE REPRESENTED BY COUNCIL ? Yes No ><.
- -
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 tins
application, and will be made part of this case. .1\
A p.(!;6f-AtV ~~1AFP~~ Y~IV'lUE>(fflM ?'-o"TO "-0)
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Applicant's Signature
REASONS FOR DENIAL OF BUILDING PERMIT, BASED HE AS
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
I
OFFICIAL
HEARING DATE
..-
-....
MIff:
Mar,y A A~ian Architects, r.c.
City of Aspen
Board of Adjustment
130 S. Galena
Aspen, Colorado 81611
March 30, 2000
Re: Setback Variance Request, Small and Large Fries Lot Split, Lot B
Dear Sirs,
We are requesting a rear and side yard variance for Lot B of the Small and Large Fries Lot Split.
As shown in the attached drawing, we would like to reduce both the side and rear yard setback
from five feet to one foot each for an accessory building only. We are not proposing to vary the
minimum requirements for the main building.
The purpose of this variance request is twofold:
1. The 22" diameter spruce tree is of great value to the property and the neighborhood
and we would like to leave it in place.
2. As part of the Lot Split approvals, Small and Large Fries is required to provide an
Accessory Dwelling Unit on site. The intent is to provide a detached AD.U and deed
restrict it to mandatory occupancy.
As you can see in the attached drawing, the canopy of the spruce tree takes up a majority of the
southern half of the lot. I have provided the footprint of Lot A for your reference: the approvals
for Lot B allow about the same amount of square footage. You can see how much less of the site
is usable due to the spruce tree, forcing us into a two-story design to start with. Without a side
and rear yard variance, it would be impossible to provide a detached AD.V. Rather, it would
have to be part of the main structure and would be located in the basement. In order to provide
the AD.U in addition to the program requirements of the Main House, the structure would most
likely end up as a blocky two-story mass. I would like to avoid this, since I feel it would be a poor
solution architecturally.
Since the point of this variance is to keep the spruce tree as it is, there are a couple of strategies
that we will be employing in the construction of the AD.U. First of all, the intent is to build the
structure on five piers and suspend it six inches above the ground. I have shown the probable
location of the piers in the attached drawing. The piers would be drilled in place with a minimum
50 River Oaks Lane E:>asalt, Colorado 81621
rhone, (970) 927-7656 Fa", (970) 927-7669
E.-mail, aardvark@5opri5.net I Web rage, http//mt.5opri5.ne1;laardvark
of disturbance to the tree. Second, as recommended by Earthwise Horticultural, prior to
construction the contractor will put six to eight inches of wood chips around the tree to prevent
compression of the roots. We have also retained Earthwise Horticultural now to begin a
fertilization regime to keep the tree as healthy as possible. Finally, in order to insure that after
construction the tree receives the water it needs, we will install a drip irrigation system underneath
the building. The parking area will be made of a permeable surface and will have only two
"runners" for car tires. There is some trimming that will need to be done in order to fit the
AD.U. underneath the tree, but the intent is to keep it as minimal as possible.
The location of the building with the setback variances that we are requesting would be
compatible with the neighboring structures. There are quite a few outbuildings on the southern
side of the alley that are similarly located. All throughout the West End there are examples of
outbuildings close to the property line on the alley side.
I hope that this helps to answer your questions regarding the variance request. If you have any
questions or comments, please feel free to call me.
Sincerely,
~
Mary A A Holley
President
---------------------------
SteEhen E11sperman, 04: 51 PM 4/12/00 , Re: ADU ol1__llleeker_S,trE!e_t
X-Sender: stephene@commons
Date: Wed, 12 Apr 2000 16:51:28 -0600
To: Sarah Oates <saraho@ci.aspen.co.us>
From: Stephen Ellsperman <stephene@ci.aspen.co.us>
Subject: Re: ADU on Bleeker Street
I will support the requested variance because of the unique approach
to
protecting the existing tree in a tight confined area. The
alternative to
this option will severely damage the tree. The following conditions
MUST
be met:
1) Applicant must provide a long range tree maintenance plan BEFORE
any
construction activities begin. This includes a fertilization plan and
watering plan
2) The design takes into account the need for access beneath the
structure
for these maintenance activities.
3) The applicant agrees that during construction activities, all
impact to
the area will be minimized including no storage of materials,
backfill, or
traffic within the dripline of the tree. All pier construction shall
be
accomplished BY HAND , and a plan will be submitted to show how this
will
be accomplished
thanks
At 12:18 PM 4/11/00 -0600, you wrote:
>The BOA case of the ADU Mary Holley talked to you about is up for
review
>this Thurs. She mentioned that you had conditions so I need to know
what
>they are.
Stephen Ellsperman
Natural Resources and Construction
Printed for Sarah Oates <saraho@ci.aspe~~co.us>
1
CITY OF ASPEN ~ARD OF ADJUSTMENT
~< -,~'
APRIL 13. 2000
PUBLIC HEARING:
CASE #00-03 609 WEST BLEEKER - LARGE and SMALL FRIES
Charles opened the public hearing for Large and small fries. Notice was received.
Nick Lelack explained that the applicant, Small and Large Fries LLC represented
by Mary Holley, requested a variance from the rear and side yard setback
dimensional requirements in order to construct a detached Accessory Dwelling
Unit (ADD) which will be deed restricted to mandatory occupancy. A portion of
the proposed detached ADU would encroach into the required rear yard setback
for accessory buildings, requiring a four (4) foot rear yard setback variance. The
proposed ADU also requires a four (4) foot side yard setback variance for the west
side yard setback. The vacant lot was'located in the R-6 zone district and part of a
Historic Landmark Lot Split, which created two (2) 4500 square foot lots.
The variances were requested to preserve the 22" diameter spruce tree located on
the southern portion of the lot, while at the same time provide an ADU that was
detached and deed restricted to mandatory occupancy. Both of these objectives
were consistent with the purposes, goals, objectives, and policies of the Aspen
Area Community Plan.
Ernie Fyrwald said that there were 0 lot lines in that area and the livability would
be much better with this variance.
Alan Schwartz stated that he represents Ellen & Allen Fells, the next door owners
and neighbors. The Fells said that they felt this was the best solution for an above
ground ADU and the Fells would support the project. Schwartz stated that this
was a dense lot with the lot split and 3 units on it with a large tree. He noted that
the neighbors were not opposed.
Mary Holley said that this parcel was unique because of the sizeable tree in the
southern portion of the lot and the historic lot split created the small lot size. The
size and location of the tree created a practical difficulty. Holley provided photos
of the lots. She said that Ernie Fyrwald wanted to build a good above grade ADU.
She said the building would be on piers not to disturb the roots of the tree. Holley
stated that Ernie entered into a 3-year tree maintenance program for the trees.
Rick Head stated that he just loved these kinds of variances; he said that he was
very proud to rule on it favorably. Jim Iglehart stated that if Rick was happy he
4
,........,
CITY OF ASPEN BOAIt:D OF ADJUSTMENT
'-
,) APRIL 13.2000
was happy. Bill Murphy said the neighbors were addressed. Charlie Paterson said
that staff recommended approval. Bill Murphy noted the neighbors were a
Lelack stated that staff recommended approval of the variance request finding that
the Review Standards had been satisfied.
RECOMMENDED MOTION: Rick Head moved to approve the
request for a 4 foot rear yard setback variance (allowing for a 1 foot
setback) and a 4 foot side yard setback variance (allowing for a 1 foot
setback) on the west side to permit construction of a detached
Accessory Dwelling Unit which will be deed restricted to mandatory
occupancy at 609 West Bleeker Street, finding that the review
standards have been met." Jim Iglehart second. APPROVED 5-0.
Sarah Oates said that there was an appeal of a previous Planning and Zoning
review that will come before the Board of Adjustment on May 4th. Charlie
Paterson will not be able to attend.
Meeting adjourned at 5:15 p.m.
Jackie Lothian, Deputy City Clerk
5