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Home My WebLink Aboutlanduse case.boa.0150PitkinMesaDrive.004-99 ,onCE OF PUBLIC HEARING 3f.A.. CASE #99-4 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: Date and Time of Meetinl!: Date: June 10, 1999 - continued to June 17, 1999 Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Judy Schramm Address: 0150 Pitkin Mesa Drive Aspen, CO 81611 John Wheeler 48 Katydid Lane Snowmass, CO 81654 Location or description of property: 0150 Pitkin Mesa Drive, with a legal description of Lot 13, Block 1 Pitkin Mesa Subdivision, Aspen, CO Variances ReQuested: The applicant is requesting a six foot (6') side yard setback variance to allow for expansion of an existing non-conforming structure. 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 MEMORANDUM TO: Board of Adjustment Julie Ann Woods, Community Development Director 4~iv/ Sara Thomas, Zoning Office@ ~v 0150 Pitkin Mesa Drive, Setback Variance THRU: FROM: RE: DATE: June 17, 1999 --------------------------------------------------- -------------------------------------------------------------- SUMMARYIBACKGROUND: The applicant is requesting a six foot (6') variance from the side yard setback requirements in order to enlarge one unit of an existing non- conforming duplex structure. The structure is located on a 15,190 square foot parcel in the R-15 zone district and is subject to the following dimensional requirements: Front yard setback Side yard setback Rear yard setback Maximum Height Floor Area Ratio 25 feet 10 feet 10 feet 25 feet 4174 square feet (adjusted for slope reduction and right-of-way easements) The parcel contains approximately 5000 square feet of areas in excess of 30% slope and is also encumbered by the thirty foot Pitkin Mesa Drive dedicated right-of-way. The duplex is situated on a flat bench between the steep area and the right-of-way. The existing structure is located approximately four (4) feet from the side property line and is non-conforming in that area. The applicant is proposing to convert an existing garage into a bedroom and to add a new carport/garage with a bedroom above. The proposed addition would be aligned with the existing structure in the side yard. The proposed addition appears to conform with height and floor area requirements, but all dimensional requirements will be re-verified at time of building permit submittal. STAFF RECOMMENDATION: Staff recommends approval of the setback variance request finding that the Review Standards have been satisfied. APPLICANT: Judy Schramm, represented by John Wheeler, Architect LOCATION: 0150 Pitkin Mesa Drive Lot 13, Block 1 Pitkin Mesa Subdivision Aspen, CO 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. 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: The existing structure is situated on the only level area of the property. The parcel is extremely limited in expansion area due to the presence of the Pitkin Mesa Drive right-of-way and the steep slopes. The proposed location ofthe addition appears to be one ofthe few areas available for expansion that would minimize disturbance to the steep bank and would also minimize the visual impact to the surrounding neighborhood. In addition, the proposed expansion has been designed to provide only a modest increase to the unit's living area, and has been located so that there will be no further encroachment into the setback than the existing structure. Therefore, it is staWs opinion that the six foot (6') side yard setback variance request is the minimum variance that will make possible the reasonable use of the building. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant ofrights 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: The right-of-way which crosses the rear third of the property combined with the extremely steep slopes at the front third of the property are conditions unique to the parcel and are not a result from any actions of the applicant. Granting the variance will not confer any special privileges upon the applicant and will allow for development of the parcel in the area that will require the least amount of disturbance to both the steep slopes and to the visual impact of the neighborhood. 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 side yard setback variance request finding that the Review Standards have heen met. RECOMMENDED MOTION: "I move to approve the six foot (6') side yard setback variance request to allow for expansion of the dwelling unit located at 0150 Pitkin Mesa Drive, finding that the Review Standards have been met." c:/saratlhomelboaschramm.doc . w JOHn ( WHeeUR . AlA AHMIT(CTUPr & PLAnninG May 19, 1999 City of Aspen Board of Adjustments Dear Board Members: We are requesting a variance to the 10' side yard setback for the property at 0150 Pitkin Mesa Drive, Lot 13,Pitkin Mesa Subdivision, Aspen Co. The original residence is located on a bench between the two sloping areas of the site. The site slopes from the road up to the benched flat area where the residence is and then slopes up again to Red Butte. The existing side yard as shown on the survey is 4.1' to 4.4'. Are request is to maintain this side yard for the proposed addition. . The area of the site that allows for alevel building site is fairly small. The proposed structure is within the benched area and does not disturb the sloped areas. We are requesting this variance due to the topographical hardship oUhe site_The original residence is screened from the road by the steep sloping bank and the proposed structure will also be screened from the road by the same bank. Since the structure is at a higher elevation than the road and not visible from the road the new structure will be a minimal visual impact. The addition to the existing residence is modest and is best located as shown on the plans and elevations. The requested variance does not exceed the existing encroachment. Due to the topography of the site and the access easements the building envelope is constrained. The small area to the rear of the property the falls on the bench is better to remain open and not encumbered with structure so that the adjacent property view planes are not disturbed. We would like to thank the board for its consideration in this application. Sincerely John Wheeler AlA 48 KATYDID LANE SNOWMASS COLORADO 81654 PHONE: 9709279765 FAX: 9709270778 5-24-1999 11 ,00AM FROM STITT 970 925 3893 " ,. . ., AUSTINE N. 8Tlll 1450 Sn.VERKlNG DRIVE ASPEN. CO 81611 !l70 925 1331 lI79 !I2S m3 FAX E-mail Austinesti@aol.com May 21, 1999 City of Aspen Board of Adjustments 130 S. GaIeua Street Aspen, CO 81611 Dear Members of the Board of Adjustmems: ,...... It is my understanding that Ms. Judy Scluamm, owner of the property at 01S0 Pitkin Mest: Dto~ itt AspeIt, is seekiftg a nrilllcc for tile- side)'llfd setliaCt adjaceiU to ..~ located at 0140 and 0130 Pi1kinMesaDri~, owned by the EWS Trust anct'theKLS Trust respeettvdy. P.1 As the trustee for these properties, I would like you to know that neither I nor the other b",,~':' fur the }Ilv....,ti~ birR' ilDyobj~tiun to this- ....;......,. In ~ "bc.liefe Ms: Schramm's proposed improvement to her pro~ will be of benefit to the entire neighborhood. Please feel free to contact me if I can be of any help. I do hope you approve Ms. Sc;lnmm's appIi~ Sincerely, 4-. _..._r . / ~ RESOLUTION NO. ~ Series of 1999 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 99-0J../. RELATING TO PROPERTY IN THE CITY OF ASPEN WITH A STREET-AnDRESS OF 0150 PITKIN MESA DRIVE. WITH A LEGAL DESCRIPTION OF LOT 13. BLOCK 1. PITKIN MESA SUBDIVISION. WHEREAS. Ms. Judy Schramm made application. dated May 19. 1999 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 June 17. 1999 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: Ms. Judy Schramm for property located at 0150 pitkin Mesa 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. 111111I1111I1111I11111 1111111I11111111111I11111 11111111 433256 07/12/1999 03:23P RESOLUTI DAVIS SILVI 1 of 3 R 15.00 D 0,00 N 0.00 PITKIN COUNTY CO F"....... 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 six foot (6') side yard setback variance to allow for expansion of an existing non-conforming structure. 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. Section Unless vested as part of a development plan pursuant to 24-6-207 of the Aspen Municipal Code, the variance granted 2 1111111111111111111111111111111111111111111111111111111 4332~8 07/12/1999 03:23P RESOLUTI DAVIS SILVI 2 of 3 R 1~,00 D 0.00 N 0.00 PITKIN COUNTY CO herein shall automatically expire after twelve (12) months from the date of approval unless development has been cOlllIllenced 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. of the INTRODUCED, READ AND ADOPTED by the Board of Adjustment City of Aspen on t~y~9. 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. ~~+-hA_: (jeputy Cir:.~';;;K-/ Approved as to content: City 1 11111I 1111I 1111I1 1111 11111 11I11 IIIIUIIlIl!!l\1 ~~l~'1 433256 1/l7/12/1999 1/l31/l1/l:2~PI/lR~~O;ITKIN COUNTY CO 3 of 3 R 15,I/ll/l 0 I/l. . >! n'-1 '\j:'T\:J ". 'i ,_,~ ~"" 3 .~ ~ /' ~-'l ',~l~ i I., '-'.1 "., I i\ .-,' "".... 't!~ .,' '\ 'f~ 'r, J . \ '0' ",.".!, , :~n0i . '!...} ~:,,1rJ ~ ': ~ ".,~ .~.~\ f" i, ~.' ~ +~~l G".'-';. "."! j.,-;., .1.!' I,-u.. ~ (.c" \' i, t- ',' t ;'~ ~~()~;.) CITY OF ASPEN BOARD OF ADJUSTMENT Ni\ME OF PROJECT: ('I"Y'~'~ ,",," ';t"'--"'7 _,' . :; X . :i. .:L!.':.K..t..,.: ~r:r./\.FP: .' .... U711"';1:' S{1 ~';' (1-') 'i'J .'._ l".,.t..J~ U.....,l.'. ~ \Z) <ID @ @ EXHIBITS: o Staff Report @ Affidavit of Notice fD Board Cliteri2 Sheet o 40 MOTION: VOTE: YES NO CHARLES PATERSON RICK. HEAD HOWARD DELUCA YES_ NO_ YES_ NO___ YES_ NO JIM IGLEHART DAVID SCHOTT V,iS NO . YES__ No.,"" YE8___ N1;:\m BOAFORM.DOC RETLm' . ~,i.'-'- -- -.- ( ~"'''a 1; " l ,:.....a~~ a....... .. ... _.. (',:!; ) -,-,"'-' ~ ~!."d,.,"'~t ; ';:I",'i ~j p'"!.~''''' " ::.. ".~ J "ifl:::"6? L.S- j ka..\J''- 'd"~"", ::=21 .. . , __ -' -'--1"--:- .--.-'.-,/ ~..- "-."--"_,._-~-.,,,..,~--- ~.<'. -.,.,.-,..-....~.. . ,,---' CITY OF ASPEN ~OARD OF ADJUSTMENT 130 SOUTH GALENA ST. ASPEN, CO 81611 FRIEDLANDER & SINGER L TO SINGER & FRIEDLANDER 12-4 RIDGEWAY ST DOUGLAS ISLE OF MAN, CITY OF ASPEN BOARD OF ADJUSTMENT 130 SOUTH GALENA ST. ASPEN, CO 81611 (-::,~~?': ;:., ',' -' ". ~ ,., 'J) r~l ", r,~. ' >-':, I ',;, .~ r "'....- '" .'-..--' . "_~__ or CASSIDAY BENJAMIN B CASSIDAY SUZANNE B POBOX 11110 ASPEN,CO CA55~~0 8~6~2~0~0 ~2q8 07 03/271QQ FORWARD TIME EXP RTN TO SEND CASSIDAY .JR PO BOX ~262 ASPEN CO 8~6~2 RETURN TO SENDER 8.10.1. 1-0000 11..1....11,11..,..11."1111...11...11,..11,,.,.11,1 CITY OF ASPEN BOARD OF ADJUSTMENT 130 SOUTH GALENA ST. ASPEN, CO 81611 0...:.' ,.-~(\ f'1/' ....'<_.:- -"'._-,,,-,".' E', / ....~~-~ .....c: ':' 1.:..L'~' i,of."', <'ll~P. ....'1'''._' LJ~;:;., i' \, ~y]q '.~ . ,- . .,-""""'" 4.~"'a.""""'''''' County of Pitkin } } ss. State of Colorado } AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATION SECTION 26.52.060 (E) L f(-tJo. r7Ch X Kfl,/ Zn14 n" ( j,' . being or representing an Applicant to the City of Aspen. personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the following manner: I. By mailing of notice. a copy of which is auached hereto, by tirst-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 2!/!!Jmy of /1tvc t . 1991 (which is &. days prior to the public hearing date orJtr. 'I ~ Irtl 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 ;'8111 day of )/hrJ, .199f. (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. ~~7~~' Signature Signed before me this '--17kiAr/-- ?~ ,1991by day h-CUlrIS k. Yrl?fl1(Vf,1tcA- WITNESS MY HAND AND OFFICIAL SEMi ~ ." , ';',', Mycommissionexpires: 10' (",WiJiX..... '. "': . ...:.~\,ond .... . -.;. --c-.- : - .~;;:..1 ~'IlQ'~....i / '. ~.,) ---~ ,~ ....... 1'1/ mi')." ...".., '- ""'''' ."" . ~. t . &#;1-/<- NotatY Public tl. () <5. 771 {!}tad .qf ItH k.p4'. & fI f, II , I , I>.SPEN CLINIC BUILDING I>. COLORADO GENERAL PARTNERSHIP 100 E MAIN ST I>.SPEN, CO 81611 BACON SHIRLEY R 3 GROVE ISLE DR #1608 COCONUT GROVE, FL 33133 3EAVER R HART AND JOAN S ;}37 WILLOW ST PO BOX 1140 .EBANON, PA 30WMAN AL 3580 NW 10TH AVE JAKLAND PARK, FL 33309 3ROWN ANTHONY ~/O FOX GRACE 250 MARTIN ST STE #100 3IRMINGHAM, MI 48011 3UDINGER WILLIAM & PEYTON 2306 DELAWARE AVE NILMINGTON, DE 19806 ~ASSIDAY BENJAMIN B ~ASSIDAY SUZANNE B 00 BOX 11110 ~SPEN, CO ~OLLlER J STUART JR JNE COMMERCE SQUARE STE 2800 I.1EMPHIS, TN 38103 JE TURRIS EMILIO 31 BRAMBLE LN I.1ELVILLE, NY 11747 JURANT AND ORIGINAL ASSOCIATES NC 730 E DURANT ST ~SPEN, CO 81611 ASPEN HOTEL PARTNERS L TO PARTNERSHIP A MICHIGAN LTO PARTNERSHIP 250 MARTIN ST STE #100 BIRMINGHAM, MI 48009 BARNETT SAUL H & SALLY A 200 W HOPKINS AVE ASPEN, CO 81611 BERNSTEIN POLLY A C/O STRAZZ 1271 LAFAYETTE DENVER, CO 80218 BOYNTON FRANK E & ELIZABETH J 104 ST ANDREWS LOOP KERRVILLE, TX BROWN MICHAEL HAYDEN PO BOX 25282 WEST BLOOMFIELD, MI 48325 BUTT CYNTHIA W 944 HARMAN AVE DAYTON,OH 45419 CHISHOLM EDITH 1/2 INT 205 W MAIN ST ASPEN, CO 81611 CRAWFORD THOMAS B JR PO BOX 8110 HORSESHOE BAY, TX 78654 DEAN MARY EMMA PO BOX 8035 ASPEN, CO 81612 ERBJANE PO BOX 3207 ASPEN, CO 81612 ASPEN SKIING COMPANY PO BOX 1248 ASPEN, CO 81612 BARZELL WINSTON 7360 POINT OF ROCKS RD SARASOTA, FL 34242 BISHOP ALBERT & PEARL 202 S GARMISCH ST ASPEN, CO 81611 BRENNAN JAMES C 417 ROYALE ST NEW ORLEANS, LA 70130 BROWN MICHAEL HAYDEN 2/3 250 MARTIN ST STE 100 BIRMINGHAM, MI CARRICO WILLIAM N 27343 URSULA LN LOS ALTOS, CA 94022 COLES ELLIOT L 2929 E HARTFORD AVE MILWAUKEE, WI 53211 DACOSTA MAUREEN C PO BOX I ASPEN, CO 81612 DIMITRIUS RALLI HUEBNER.DIMITRIUS JO.ELLAN 200 S SIERRA MADRE BLVD PASADENA, CA 91109 FABER ROBERT G & EUNICE N 1921 BOULDER DR ANN ARBOR, MI 48104 FOSTER FRANCES 1/2 INT MORGAN JOAN 1/2 INT C/O LARRY SNYDERINC 500 OLD YORK RD JENKINTOWN, PA HAAN R E TRUST 7115 LEESBURG PIKE STE 309 FALLS CHURCH, VA 22043 HOTEL ASPEN L TD ::;/0 ASPEN GROUP 415 E MAIN #210 IISPEN, CO 81611 KAPLAN WILLIAM M AND KATE PO BOX 406 MILFORD, DE 19963 LEE DAVID W LEE DORA 13562 CAMINITO CARMEL DEL MAR, CA LUBIN RICHARD G 1217 S FLAGLER DR 2ND FL FLAGLER PLAZA VIlEST PALM BEACH, FL 33401 MARKLE JUDY C/O POOL JUDY 10 MEADOWVIEW LN LITTLETON, CO 80121 OLIVER WILLIAM THOMAS & ANN GARY 542 WARNER AVE LOS ANGELES, CA 90024 RANCE CAROL FLAT 4B MOUNTAIN LODGE 44 MTKELLET RD THE PEAK HONG KONG, SLOVITER DAVID 1358 ROBIN HOOD RD MEADOWBROOK, PA 19046 FRIEDLANDER & SINGER L TD SINGER & FRIEDLANDER 12.4 RIDGEWAY ST DOUGLAS ISLE OF MAN, HITE HENRY H & ANGELA R PO BOX 155 WOODY CREEK, CO 81656 HOTEL ASPEN L TD ASPEN HOTEL PARTNERS LTD 250 MARTIN ST STE #100 BIRMINGHAM, MI 48009 KEY JOHN 6476 MIMOSA LN DALLAS, TX 75230 LEWIS BRETT H 548 FRANKLIN ST DENVER, CO 80218 MARCUS MARTIN L & FANNON JOHN H C/O LEFF MARILYN 7660 BEVERLY BLVD APT #365 LOS ANGLES, CA 90037 MELTON DAVID 135WMAINST ASPEN, CO 81611 PIETRZAK FAMILY L TD PARTNERSHIP COLORADO L TD PARTNERSHIP 1796 E SOPRIS CREEK RD BASALT, CO 81621 ROSS PAULINE PO BOX 9969 ASPEN, CO 81612 SPEARS NANCY M 530 MEANS ST #405 ATLANTA, GA 30318 FTG ASPEN LLC 6735 TELEGRAPH RD #110 BLOOMFIELD HILLS, MI HOROWITZ LEONARD & ARLENE 86 ACORN PONDS DR NORTH HILLS, NY 11576 JDJ GROUP LLC 300 PUPPY SMITH ST #205-220 ASPEN, CO 81611 KOENIG RAYMOND J AND TRAGGIS ELIZABETH G POBOX 284 NEW LONDON, CT 6320 LEWIS EILEEN 108 W HYMAN AVE #9 ASPEN, CO 81611 MARK CAROL KRAUSS PO BOX 9283 ASPEN,CO NEWKAM CLAIRE M PO BOX 2808 ASPEN, CO 81612 PRICE DOUGLAS L AND VALERIE 8611 MELWOOD RD BETHESDA, MD 20817 SILVERSTEIN PHILIP SILVERSTEIN ROSALYN 25 KNOLLS CRESCENT BRONX, NY 10463 STRAUCH ELAINE B 4327 S YOSEMITE CT ENGLEWOOD, CO 80110 . . TIPTON JOHN K TRUST NUMBER ONE 1/2 6477 E MANOR DR ENGLEWOOD, CO 80111 WILKE JOHN H AND BONNIE K TRUSTEES OF WILKE LIVING TRUST 153 S BEACHWOOD DR LOS ANGELES, CA 90004 VAUGHAN HEIDI 1996 TRUST N2322 SYLVAN LN LAKE GENEVA, WI 54137 WARSHAW MARTIN R & ALICE M PO BOX 8976 ASPEN, CO 81612 WINKELMAN WENDY L 108 W HYMAN AVE #8 ASPEN, CO 81611 ----------- .1-- AGENDA ASPEN BOARD OF ADJUSTMENT COMMISSION Regular Meeting Thursday, April 8, 1999 at 4:00 p.m. Sister Cities Meeting Room, City Hall I. ROLL CALL II. MINUTES (2/11/99) ./ III. DISCLOUSURE OF CONFLICTS OF INTEREST IV. COMMENTS A. Commissioners Comments B. Staff Comments C. Public Comments (not concerning items on the Agenda) V. PUBLIC HEARINGS A. Case #99-02 ASPEN MOLLY GIBSON LODGE, 101 WEST MAIN - (6') six foot rear yard set back variance and (6") six inch west yard setback variance to allow for construction of deed restricted employee units. VI. ADJOURN ----.---..,....-1 ..- CITY OF ASPEN BOARD OF ADJUSTMENT FEBRUARY 11. 1999 Charles Paterson, chairman, opened the City of Aspen Board of Adjustment meeting at 4:05 p.m. with members Rick Head, Jim Iglehart, David Schott and Howard DeLuca present.. City staff in attendance were: David Hoefer, Assistant City Attorney; Sara Thomas, Community Development Zoning Officer; Jackie Lothian, Deputy City Clerk. PUBLIC HEARING: CASE #98-03 KRUMM. BUSH .105 & 101 EAST HALLAM John Kelly, attorney and representative for the applicant and new owners, James and Patricia Gorman, requested an extension of the variance approval that expires on May 7, 1999. He noted a companion HPC approval expires on December 10, 1999. Kelly said the extension was needed to review the building plans that were on file with the planning office. He stated there were no changes in the conditions or circumstances requested in the original variance granted. MOTION: Jim Iglehart moved to approve a one year extension for the four foot rear yard and five foot side yard setback variance granted in Case #98-03,105 & 101 East Hallam, on May 7, 1999, to allow for the expansion of an existing shed. David Schott second. APPROVED 5-0. The meeting adjourned at 4:20 p.m. " j 1 N" .,ICE OF PUBLIC HEARING CASE #99-2 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 surrolmding 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 ofMeetine: Date: April 8, 1999 Time: 4:00 P.M. Owner for Variance: Auulicant for Variance: Name: Aspen Molly Gibson Lodge Company, LLC Francis Krizmanich Address: 101 West Main St., Aspen, CO 81611 0079 Light Hill Road, Snowmass,CO 81654 Location or descriution of urouertv: 120 West Hopkins Street, with a legal description of Lots 0, P, Q, Block 59, City of Aspen Variances Requested: The applicant is requesting a six foot (6') rear yard setback variance and a six inch (6") west side yard setback variance to allow for construction of deed restricted affordable housing units for employees of the lodge. Will auulicant be reuresented bv Counsel: YES: NO: X The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman 1..----- MEMORANDUM TO: Board of Adjustment Julie Ann Woods, Community Development Directo97tv Sara Thomas, Zoning Officer THRU: FROM: RE: 120 West Hopkins Street, Molly Gibson Lodge DATE: April 8, 1999 --------------------------------------------------------------- --------------------------------------------------------------- SUMMARY: The applicant is requesting a variance from the rear and side yard setback dimensional requirements in order to construct a deed restricted three bedroom dwelling lmit to house employees of the lodge. A portion of the new structure would encroach into the rear and side yards requiring a six (6) foot rear yard setback variance and an approximate six (6) inch west side yard setback variance. The 9000 square foot parcel is located in the LP (Lodge Preservation) zone district, which has the following dimensional requirements: Front Yard - 10 feet Rear Yard - 10 feet Side Yard - 5 feet Floor Area - Not to exceed 1: 1 Height Limit - 25 feet The project appears to have adequate floor area available, however all dimensional requirements will be re-verified at time of building permit application. Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance. APPLICANT: Aspen Molly Gibson Lodge Company, LLC. LOCATION: 120 West Hopkins Street LEGAL DESCRIPTION: Lots O,P,Q, Block 59, City of Aspen 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 ~~ ---------- 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 Comprehensive Plan strongly encourages development of on-site affordable housing units to help reach the stated goal of housing the majority of the local work force within the Aspen metro area. Granting the variance will be consistent with this standard. 2. Standard: The grant of the variance is the minimum variance that will make possible the reasonable use ofthe parcel, building, or structure. Response: The proposed dimensions of the employee housing unit do not appear to be in excess of what would be required to provide a livable, usable unit. However, the applicant has not indicated that the proposed location is the only area within the building or parcel that could accommodate this size dwelling unit. Redesign or relocation of the unit elsewhere on the property, or within the existing building itself, could feasibly be accomplished in a manner that would either require a lesser variance, or eliminate the need for a variance at all. While these options may present greater economic and logistical hardship for the applicant, they appear to be feasible and therefore staff finds that the variance request fails to comply with Standard #2. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant ofrights 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: While the Community Development Department is certainly supportive of the applicant's desire to provide on-site employee housing, staff is unable to find unique conditions or circumstances on the parcel that warrant granting the variance. Relocating the unit to an area that would not necessitate the need for a setback variance might create a greater burden for the applicant, however the applicant's rights cannot be considered to have been deprived by denial of the variance request. Staff concludes that granting the variance would confer special privileges to the applicant and is therefore unable to find that the variance request complies with Standard #3. 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 is of the opinion that the variance request does not technically comply with Standards #2 and #3. The Board may make one of the following findings, or may approve with conditions: MOTION #1: "I move to deny the request for a six (6) foot rear yard setback variance and a six (6) inch west side yard setback variance to allow for construction of a three bedroom deed restricted affordable housing unit, finding that review standards #2 and #3 have not been met." MOTION #2: "I move to approve the request for'a six (6) foot rear yard setback variance and a six (6) inch west side yard setback variance to allow for construction of a three bedroom deed restricted affordable housing unit, finding that the review standards have been met." dsaratlhome/boakeJly.doc CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOP~ APPUCXITON DATE-1!Jttrc? -3 19f}i CASE # APPUCANT i&r~-(J-J.~) WA",ds "f. K ((Zm""l!Ii(~ . PHONE q J., 1- '1163 MAlLlNGADDRESS CO?! !.,/1Mt MIl ({~) 5t1fJ...o~tJ.-'Ss (1) U65Lf OWNER DO\v; d ""G.:s h - ~ollr~i~n W, Mdifr PHONE 1J5 3'-131} MAlLlNG ADDRESS LCCATIONOFPROPERTY LA5 ~ ~~ 0, BI~/t- 51 \Street'. BI CK. umd'er:ma LJt .:-fumcer) W1LL YOU BE REPRESE'ITED BY COCNCli.? YE~_ ~a5 Kr/2-VVlo.",,'cR 9~1 'iJt,3 Below. describe de:lriy the proposed variance. including :ill dimensions :md justific:uion for the '1ari:mce. (Additional paper may be used if necessary,) The building permit J.Ppiic:uion and :my other information 'IOU reei is oertinem should accomoanv this aooiic:uion. md wiiI be made oart of .... .. ~ ~ .. ... rhis cnse. ne- M~!lr G:~'5Gt\ Wry- J~I~ -10 oJ! ~?~eK- te)VrP/rt5 tlll} *,ree- Pb~ tL + ~e ~rit1~+- Cf.4'VIer 1- the.. b011JI~ (M ~ tAlley). The- e.N~1 bl{,U1; 15 f/Ot/CdltforM/~ ~ r~r ~nI [al,) beaMS€. of C/~ ~1711lJ' A. 5"1 x:: 'aD+- llaf'lMee. 't/o - ~<L 1bz U f'eAr yac~ 5e$d IS ~~r ~ o~ ~Ptee-- f?~Ufif:!!. If leJhr ~I Jra/)h~~ A O-~'/ . Appbc:mt'S~atUre:::;;:::3; -. h A tov.r +" s()< il"C~, "37&\"",_ YM'd 1I0fltttllce. 15 A.ls6 r~v.,e:/ , REASONS FOR DE:'IIAL OF Bun.DING PElt.'\IllT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCER.."lING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMEJ."iT STAFF. DATE PER.'vIIT DE:.'ITED OFFICIAL DATE OF APPUCATION HEARlNG DATE .- --- Francis X. Krizmanich Land Use Planning 0079 Light Hill Road Snowmass, Colorado 816 I 1 (970)-927-4263 March 3, 1999 Ms. Sara Thomas Zoning Administrator Aspen/Pitkin County Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 Re: Molly Gibson Lodge Zoning Variance Request Dear Sara: My client, the Molly Gibson Lodge, requests a hearing before the Board of Adjustment to consider granting a 6 foot variance to the 10 foot rear yard setback and a 4-6 inch variance to the side yard setback to allow the construction of desperately needed employee housing. The Molly Gibson Lodge is presently zoned LP. Because the lodge was constructed prior to the imposition of the current zoning, non-conformities as to setbacks were created. The existing lodge encroaches 6 feet into the rear yard setback on the northwest comer of the building (see attached drawing). This encroaching portion of the building contains an entryway into the rear of the Lodge and an employee apartment. By "filling in" the undeveloped comer of the Lodge, the Lodge can create three apartments with shared kitchen space, without increasing the existing encroachment. If the variance is not granted, the allowed apartment space would be too small to justifY the expense required for planning and construction costs, The Applicant has wanted to construct additional employee housing for some time; however, a proposed code amendment to allow dimensional flexibility in the LP Zone that began in June, 1998 was not successful. While the Applicant supports the proposed amendments that were developed by the staff, we cannot wait any longer to address our critical employee housing need; therefore; we are requesting a variance to allow this project to proceed. Thank you for your consideration. Sincerely, --:- ;(f;./,?,'~ Francis X. 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'. '-:' '/)(>..., /'( J ~. ill-' .------ .- - .- . -. ._. 'm _ ~_'._. / ,~<> / /V/'~ X'Y/' ,''''''~ ", " ------ 'xf4f . ~bu/ '~~/) \!' , \))1 : ~Dp~ ---~------ ,- ! ~~: -~ . .~-- ~ D U i Ii VS' · l'~~P >~ N~ S I UO I 0 II PROIF.("'T archItects MOLLY GIBSON 101 WEST MAIN STREET 555 NORTH MILL STREET ASPEN, CO TEL: 970,920,9428 FAX: 970.920.7822 1~~IIF./RF.VI~rON nATR DRAWINGTITI F. , Elevations Options 1 _....."'-_.~~" ---.--.."........'.,q.....J'