HomeMy WebLinkAboutlanduse case.boa.935gibson.lewis.011-00
'NOTICE OF PUBLIC HEARING
CASE #00-11
Before the City of Aspen Board of Adjustment
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOW:
Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the
BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may
be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority
for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons
affected by the proposed variance are invited to appear and state their views, protests or objections. If you
cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you
have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions
of surrounding property owners and others affected in deciding whether to grant or deny the request for
vanance.
Particulars of the hearing and requested variance are as follows:
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Date and Time of Meeting:
Date: November 2, 2000
Time: 4:00 P.M.
Applicant for Variance:
Owner for Variance:
Name:
Lora J. Lewis
Lora J. Lewis
Address:
935 Gibson Avenue
Aspen, CO 81611
Location or description of property:
935 Gibson Avenue
Variances Requested:
The applicant is requesting a eighteen (18) foot front yard setback variance and a four (4) foot side yard
setback variance on the west side yard to construct a single family home.
Will applicant be represented by 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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RESOLUTION NO.12
Series of 2000
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 00-11
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
935 GIBSON AVENUE, ASPEN, COLORADO.
WHEREAS, Lora J. Lewis has made application,
dated October 24, 2000 to the Board of Adjustment for a
variance from the dimensional requirements of Chapter 26 of the
Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the Board of
Adjustment on December 7, 2000 where full deliberations and
consideration of the evidence and testimony was presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of
fact:
1. A development application for a variance was initiated
by: Lora J. Lewis on December 7, 2000 for property with a
street address of 935 Gibson Avenue, Aspen, Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance wi th Sec tion 26-
304-060(E) (3) (c)of the Aspen Municipal Code. Evidence of such
notice is on file with the City Clerk.
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4e3384 04/13/2001 12:53P RESOLUTI DAVIS SILVI
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3. The grant of variance will be generally consistent with
the purposes, goals, objectives, and policies of the
Aspen Area Community Plan and Chapter 26 of the
Aspen Municipal Code.
4. The grant of variance is the minimum variance that
will make possible the reasonable use of the parcel,
building or structure.
5. The literal interpretation and enforcement of the
terms of Chapter 26 of the Aspen Municipal Code
would deprive the applicant of rights commonly enjoyed
by other parcels in the same zone district, and would
cause the applicant unnecessary hardship or practical
difficulty. In determining that the applicant's rights
would be deprived absent a variance, the Board
considered certain special conditions and circum-
stances which are unique to the parcel, building or
structure, which are not applicable to other parcels,
structures Or buildings in the same zone district and
which do not result from the actions of the applicant.
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 26 of the Aspen
Municipal Code by a t) to () vote:
An eighteen foot (18') front yard setback variance and a four
(4') side yard setback variance on the west side yard at 935
Gibson Avenue, to allow for the construction of a single
family home and Accessory Dwelling Unit.
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 existing duplex will be demolished and replaced by
a single-family residence.
2. Any future development on the property will comply with
current standards for single-family residences under
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4e3384 04/13/2001 12:53P RESOLUTI DAVIS SILVI
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codes existing at the time of the development
application.
3. Unless vested as part of a development plan pursuant to
Section 26-308-010 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.
4. 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.
APPROVED AS TO FORM
n. 1.Jr-
Cuy Attorney
of the
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
City of Aspen on the ~ ~er, 2000
~ \/ )r
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. .1':- '~rJ~
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puty City C erk -
MEMORANDUM
TO:
Board of Adjustment
THRU:
Julie Ann Woods, Community Development Deputy Director
FROM:
-
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Sarah Oates, Zoning Officer
RE:
935 Gibson Avenue
DATE:
December 7,2000
SUMMARY: 935 Gibson Avenue was granted a variance in 1988 to allow for the
existence of a duplex on a lot which did not meet the dimensional requirements for a
duplex structure with the condition that no additional square footage or alteration of the
footprint be permitted on the duplex structure. On April 13, 1997 the Board granted an
18' front yard setback variance to allow for the construction of a garage and loft bedroom
for the property located at 935 Gibson Avenue with the condition that the second kitchen
be removed and the duplex be converted to a single-family residence. Only a small
addition was done after that approval, the duplex is still in existence, and the variance and
building permit for the property have both expired. The subject property, located in the R-
15A zone district, has the following dimensional requirements relevant to the variances
requested:
Front yard setback
Side yard setback
Allowed
25'
10'
Proposed
7'
6'
The applicant is now requesting an 18' front yard setback variance and a 4' side yard
setback variance on the west side to allow for the construction of a new single-family
home. The property is bisected by a 60' wide right-of-way, Gibson Avenue, and per the
Land Use Code, the setback must be measured from the edge of the right-of-way. In
1997, the Board of Adjustment established the restrictive building envelope was a
hardship which warranted a variance, but this variance was granted for an existing
building, not new construction. The 4' side yard setback variance is proposed to allow
for egress to a sub-grade Accessory Dwelling Unit.
STAFF RECOMMENDATION: Staff recommends denial of the variance request
finding that Review Standard #2 has not been satisfied.
APPLICANT:
Lora J. Lewis
LOCATION:
935 Gibson Avenue
REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section
26.314.040 of the Municipal Code, in order to authorize a variance from the dimensional
requirements of Title 26, the Board of Adjustment shall make a finding that the following
three (3) circumstances exist:
1. Standard: The grant of the variance will be generally consistent with the
purposes, goals, objectives, and policies of the Aspen Area Community Plan and
this title.
Response: The Aspen Area Community Plan does not address this parcel. By
eliminating the second unit, the density is brought into compliance, which is
consistent with the purposes, goals, objectives and policies of the Land Use Code.
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 believe the request is for the minimum variance needed
to make possible the reasonable use of the parcel, building, or structure. The
proposed building is several feet off of the rear setback line, and the structure
could be moved to the east to accommodate for the stairwell without a variance.
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: 8taffbelieves the 60' Gibson Avenue right-if-way that bisects the
property, creates a confining building envelope and creates a hardship on the
parcel.
ALTERNATIVES: The Board of Adjustment may consider any of the following
altemati ves:
. Approve the variance as requested.
. Approve the variance with conditions.
. Table action to request further information be provided by the applicant or interested
parties.
. Deny the variance finding that the review standards are not met.
RECOMMENDED MOTION: .." I move to approve the request for an eighteen
(18) foot front yard setback variance and a four (4) foot side yard setback variance
for the west side yard at 935 Gibson Avenue, to allow for construction of a single-
family residence and Accessory Dwelling Unit, finding that the review standards
have been met, subject to the following conditions:
1. The existing duplex will be demolished and replaced by a single-family
residence.
2. Any future development on the property will comply with current standards for
single family residences under codes existing at the time of the development
application.
3. Unless vested as part of a development plan pursuant to Section 26-308-010 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.
4. 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."
RESOLUTION NO.12
Series of 2000
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 00-11
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
935 GIBSON AVENUE, ASPEN, COLORADO.
WHEREAS, Lora J. Lewis has made application,
dated October 24, 2000 to the Board of Adjustment for a
variance from the dimensional requirements of Chapter 26 of the
Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the Board of
Adjustment on December 7, 2000 where full deliberations and
consideration of the evidence and testimony was presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of
fact:
1. A development application for a variance was initiated
by: Lora J. Lewis on December 7, 2000 for property with a
street address of 935 Gibson Avenue, Aspen, Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance wi th Sec tion 26-
304-060(E) (3) {c)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 Community Plan and Chapter 26 of the
Aspen Municipal Code.
4. The grant of variance is the minimum variance that
will make possible the reasonable use of the parcel,
building or structure.
5. The literal interpretation and enforcement of the
terms of Chapter 26 of the Aspen Municipal Code
would deprive the applicant of rights commonly enjoyed
by other parcels in the same zone district, and would
cause the applicant unnecessary hardship or practical
difficulty. In determining that the applicant's rights
would be deprived absent a variance, the Board
considered certain special conditions and circum-
stances which are unique to the parcel, building or
structure, which are not applicable to other parcels,
structures or buildings in the same zone district and
which do not result from the actions of the applicant.
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 26 of the Aspen
Municipal Code by a __ to __ vote:
An eighteen foot (18') front yard setback variance and
(4') side yard setback variance on the west side yard
Gibson Avenue, to allow for the construction of a
family home and Accessory Dwelling Unit.
a four
at 935
single
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 existing duplex will be demolished and replaced by
a single-family residence.
2. Any future development on the property will comply with
current standards for single-family residences under
2
codes existing at the time of the development
application.
3. Unless vested as part of a development plan pursuant to
Section 26-308-010 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.
4. 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.
3
APPROVED AS TO FORM
City Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 7th day of December, 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
4
.
THE CITY OF ASPEN
BOARD OF ADJUSTMENT
APPLICATION PACKET
MAILING ADDRESS
OWNER_lora
20QO.
J. leuf, <:2.
935 Glbt:oJ
J: LeL,Ji~
q3<5 Gd?50tJ
CASE#OO -II
PHONE qa.r;s CoIl&> 3
Ave. } A~pe.N <SJ h J}
PHONE q.J.~ (07103
Ave. ASpe.N $.SIlo II
DATE---.9. 2E
APPLICANT LOra
MAILING ADDRESS
LOCATION OF PROPERTY
(Street, Block Number and Lot Number)
WILL YOU BE REPRESENTED BY COUNCIL? Yes_No X
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.
Applicant's Signa e
REASONS FOR DENIAL OF BUILDING PERMI , BASED ON THE ASPEN
CITY CODE, CHAPTER 26. AN OPINION CONCERNING THIS VARIANCE
WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT
STAFF
DATE PERMIT DENIED
DATE OF APPLICATION
OFFICIAL
HEARING DATE
CHARLES CUNNIFFE ARCIDTECTS
610 E HYMAN
ASPEN CO
81611
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TEL 970' 925' 5590
EXECUTIVE
FAX 970' 925' 5076
ARCIUTEcruRAL
FAX 970. 925. 4557
WWWCUNNIFFE.COM
CHARLES L. CUNNIFFE, AlA
PIUNCIPAL/CEO
September 29, 2000
JANVER C. DERRINGTON. AlA
PRINCIPAL
Sarah Oates
City Zoning Officer
City of Aspen
130 South Galena
Aspen, CO 81611
Dear Sarah,
Please find enclosed the documents and application necessary to apply for a variance by
the Board of Adjustment for the property located at 935 Gibson Avenue.
We are requesting a variance due to the hardship of Gibson Avenue dividing our property
in two. Only one of the two portions is buildable, and because of the location of Gibson
Avenue on the property, the available building envelope is very compromised and is
pushed considerably close to the neighbors in the rear.
We are asking that the covered porch above the entry of the new house be allowed to sit
18'-0" into the existing 25'-0" front setback, with the actual house extending only 11 '-0".
This would allow for a back yard that affords both the rear neighbors as well as the
current Owner more privacy, and at the same time protecting the Aspen Mountain views
and natural light & sun if the neighbor to the Southwest ever decides to build a two-story
home in place of his current one-story home. Secondly, by placing the home closer to
Gibson, the neighbors to the North should not be adversely affected because of the
existing densely wooded front yard and berm.
On Feb. 13th 1997, the subject property was granted an 18'-0" encroachment into the
setback by the Board of Adjustment, therefore we feel that an 18' -0" encroachment is
reasonable as well as precedented.
Sincerely,
CLL
Charles L. Cunniffe, AlA
Principal
Enclosures
ARCHITECTURE . PLANNING . INTERIORS
ASPEN. CARBONDALE. TELLURIDE' VAIL
--
130 S. Galena Sl.
AspenC081611
(970) 920-5090
(970) 920-5439, fax
Aspen/Pitkin
Community
Development
Department
Fax
To: ohn From: Sarah Oates
Fax: 920-4557 Pages:
Phone: Date: ('}:-}, . 1.0 , 2.Cx::> (:)
Re: BOA-Ghange of Date CC:
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
. Comments: John-the BOA changed the meeting date to Nov. 2 so we could get a quorum. Please
make sure the noticing is done for that date even though the case will like be continued. Thanks.
~
130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Aspen/Pitkin
Community
Development
Department
Fax
To: ohn From: Sarah Oates
Fax: 25-5076 Pages: 2
Phone: Date: October 5, 2000
Re: BOA application for Lora Lewis CC:
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
. Comments: John-following is the BOA notice for the Lewis application. I added a side yard
setback variance request for the stairwell in the west side yard, it is not permitted to be there otherwise.
Since the drawings are not to scale I guessed the stair are four feet into the yard. Let me know if I you
need to ask for more or less, or what to redesign so you don't have to ask for this variance. I'm at 920-
5441 if you have any questions or need to change your request.
130 S. Galena SI.
AspenC081611
(970) 920-5090
(970) 920-5439, fax
Aspen/Pitkin
Community
Development
Department
Fax
To: John From: Sarah Oates
Fax: 920-4557 Pages: 1
Phone= Date: November 27, 2000
Re: Case 00-11, 935 Gibson CC:
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
. Comments: The BOA hearing for Case 00-11 is scheduled for Thursday, December 7,2000. The
meeting begins at 4pm and Case 00-11 is the first item on the agenda. I will fax you an agenda and the
staff memo later in the week.
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