HomeMy WebLinkAboutlanduse case.boa.308 N First St.005-99
.NOTICE OF PUBLIC HEARING
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CASE #99-5
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 Meetin!!::
Date: June 10, 1999 continued to June 17, 1999
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name: William C. Nolan, Jr.
Stan Clauson Associates, LLC
Address: 308 North First Street, Aspen, CO
200 East Main Street, Aspen, CO
Location or description of property:
308 North First Street, with a legal description of Lot 2 Nolan Lot Split, Aspen, CO
Variances ReQuested:
The applicant is requesting a two foot four inch (2'4") side yard setback variance.
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
THRU:
Julie Ann Woods, Community Development Director
rr
FROM:
Sara Thomas, Zoning Officer@
308 North First Street, Setback Variance
RE:
DATE:
June 17, 1999
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SUMMARYIBACKGROUND: The applicant is requesting a two foot four inch (2'4")
variance from the side yard setback requirements. The property recently received
approval from City Council to divide a 12,000 square foot parcel into two 6,000 square
foot parcels under the Lot Split provisions. (See Ordinance #9, 1999 attached). Elements
of the existing structure now straddle the newly created lot line and are therefore non-
conforming in regards to the sideyard setback requirements, The applicant is proposing
to remove a portion of the existing residence in order to bring the structure back to it's
original historic foundation line. In order to remove only the elements which are non-
historic, a setback variance will be required to allow for a seven foot (7') portion of the
structure to maintain the historic footprint. Additional non-historic areas of the structure
are also being proposed for demolition in order to bring the property into compliance
with floor area and site coverage requirements. The property is currently under
consideration by the Historic Preservation Commission (HPC) to either be placed onto
the historic inventory or to receive landmark status. The HPC granted their approval to
the variance request at their May 26, 1999 hearing.
The single family residence is located on a 6,000 square foot parcel in the R-6 zone
district and is subject to the following dimensional requirements:
Front yard setback
Side yard setback
Rear yard setback
Combined front/rear
I 0 feet
5 feet/IS feet total
10 feet
30 feet
Site Coverage
Maximum Height
Floor Area Ratio
40% (2400 square feet)
25 feet
3240 square feet
Compliance with all dimensional requirements will be 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:
William C. Nolan, Jr., represented by Stan Clauson
LOCATION:
308 North First Street (aka 124 West Hallam Street)
Block 56, Lots M and N
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 achieve a stated goal of the Aspen
Area Comprehensive Plan by allowing for the preservation of historic
structures.
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> applicant is proposing to remove newer elements of the
residence in order to return the structure to it's original foundation line. The
majority of the building is already in compliance with the five foot (5') side
yard setback requirement, but a small portion (2.4' x 7.7') encroaches into
the setback. Staff feels that the setback variance request is the minimum
necessary to allow for the structure to retain its historic shape.
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 lot split that created the new lot line was certainly
brought about by an action of the applicant, staff agrees with the applicant
that the lot split has reverted the property back to it's original pre-merger
status. Historic files depict two houses, including the existing residence, on
two individual lots at the subject property. The lot merger provision of 1975
allowed for the merging of the two 6,000 square foot parcels into one 12,000
square foot parcel. The recently approved lot split permitted the parcel to be
returned to its original configuration.
Staff feels that the historic nature of the property and the relationship that
the structure historically had to the west side property line are special
circumstances and are unique to the parcel. Granting the setback variance
request to allow the structure to retain its original footprint will not confer
special privileges to the applicant.
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 been met.
RECOMMENDED MOTION: "I move to approve the two foot four inch by seven foot
seven inch (2'4" x 7'7") side yard setback variance request to allow for the existing
structure located at 308 North First Street to retain its historic footprint, finding that the
Review Standards have been met."
"
CITY OF ASPEN
BOARD OF ADJUSTMENT
DEVELOPMENT APPLICATION
DATE
27 May 1999
CASE #
APPLICANT Stan Clauson Associates, LLC
MAILING ADDRESS 200 East Main Street Aspen, CO 81611
OWNER William C. Nolan, Jr. and Elaine Nolan
MAILING ADDRESS 308 N. First Street Aspen, CO 81611
LOCATION OF PROPERTY
124 W. Hallam Street (formerly 308 N. First Street)
Block 56, Lots M and N
(Street, Block Number and Lot Number)
WILL YOU BE REPRESENTED BY COUNSEL? YES
NO-L
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,
This property originally consisted of four townsite lots, Lots K, 1, M, and N of Block 56.
Historically, a house was located on Lots K and L, which was demolished in the early
1900's, and another house was located on Lots M and N, which is still standing and has
received various additions. One addition extends into Lots K and 1. The four-lot parcel
came under the same ownership and the lots were merged in the merger ordinance of 1975.
The property recently received a lot split under Ordinance 9, Series of 1999.
The lot split provisions of the Aspen Land Use Code do not require that a house be
demolished prior to the granting of a lot split or the filing of a plat. They do require that
before any development occur as a result of a lot split, the subject properties be brought
into conformance. Issues of non-conformities may be addressed to the Board of
Adjustment, and the applicant is acting on the suggestion of the City Attorney in this
regard.
In this particular case, the owners do not want to demolish the existing house. Rather, they
want to demolish or truncate the existing house back to its original historic foundation fine
on the West elevation. This is the side where the new lot fine has been established by
Ordinance 9, Series of 1999. In wanting to preserve the house and its original foundation
on this elevation, they are supported by the Historic Preservation Officer and the Historic
Preservation Commission, which passed a resolution in support of this variance request on
26 May 1999. The actual text of this resolution will be provided by City staff.
.
Removing the non-historical additions and bringing the house into conformity with the
setback requirements of the newly created lot line is, for the most part, not a problem. The
primary plane of the West elevation is generally five feet from the historical property line,
as required by code. However, a small portion of the historic West fa~de extends 2.4 feet
into the side yard setback for a length of 7.7 feet. It is in the interest of historic
preservation that this original extension be preserved. The required variance is quite
minimal., specifically, an encroachment into the side yard setback of 18.48 s.f.
The applicant is requesting this variance based upon the position of the house and the
shape of the lot, as these were the historic relationships between the original house and the
original lot line as established at a time predating the current zoning requirements. The
applicant respectfully submits that this variance request is consistent with the following
fmdings:
1. The grant of variance will be generally consistent with the purposes, goals, objectives, and
polides of the Aspen Area Comprehensive Plan and this title;
This variance will allow the re-establishment of the original relationship between house and
lot line which supports historic preservations goals. In creating two 6,000 s.f. lots, the lot
split restores some of the original size relationships characteristic of the West End. The lot
split provision was designed to encourage smaller houses on smaller lots.
2. The granting of the variance is the minimum variance that will make possible the
reasonable use of the parcel, building or structure;
The variance requested is only 18.48 s.f. of encroachment into the side yard setback. This
is the minimum needed to preserve the historical shape of the structure on the West fa~de
and is consistent with an historical relationship of building fa~de to lot line which existed
for over a century. It is reasonable to permit that historical relationship to continue.
3. Literal interpretation and enforcement of the terms and provisions of this title would
deprive the applicant of rights commonly enjoyed by other parcels in the smne %One district
and would cause the applicant unnecessary hardship or practical dif:ficulty. 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 ll1Iique to the parcel,
building or structure, which are not applicable to other parcels, buildings, or structures
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 and the terms of this title to other parcels,
buildings or structures in the same r,one district
In this case, both of these criteria are met. The special circumstances consist of the shape
of the historical structure and the relationship of that shape to the historical townsite lot
line. This was a relationship which predated zoning and does not result from any action of
the applicant. The practical difficulty stems from the applicant's and the community's
desire to preserve or restore the historical shape of our early structures wherever
practicable. Removal of the extension of the structure into the side yard setback wonld go
against the Aspen Area Community Plan and its stated intentions to revert to smaller lots
and at the same time preserve historical forms. There is no special privilege involved here,
but rather the preservation of the forms and relationships of our historical past.
I
Granting a variance is the only reasonable method to achieve these stated goals for the
subject property.
bJi.1i~
Applicant's Signature
('P'
REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE,
CHAPTER 24. AN OPINION CONCERNING TInS VARIANCE WILL BE PRESENTED TO
THE BOARD BY THE ZONING DEPARTMENT STAFF.
DATE PERJ."1IT DENIED
OFFICIAL
DATE OF APPLICATION
HEARING DATE
~AY. 27. ;.~rsg
3: 52f=.i:
CITY i":Fi"'''~G~~S
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ORDI:.\-.~".CE ~O. 9
(SE..~S OF (999)
A...'i ORD~A..'iCE OF THE CITY COt:-;CTI., OF THE my OF ASPE~,
COLOR-illO, APPROYI."iG THE :,\'OLA..' LOT SPLIT, LOTS 1(, L :.\<1, &~, BLOCK
56, CITY A......l> TO'W:';SITE OF .~PE~, P~ COD~Y, COLOR-illO.
P:m:!;; 2-35-1.2~21-005
\1t"HERE.....\.S. the COIr'..murllt'1 Dev~lcc!r.e:::.: DeCar::TIe:lc rec:;::ved an acolicar.:or: :\J~
. ~.o. ... .. ......
WLlliam C. Ncl.3I!, owner, for a Lot SeEt or a 12,-JOO 5C'Ja=~ faN oarc:! ofland, 308 Nc,...':
. .,
First Street, describe:! as Lots:<', L, M, & N. Blc.ck 56, C~!Y ane TO\lil:.i'iU or Aspen, lnt-:l "Va
6,000 5quar~ foot lots in confar:!l2!'..c: wlt.': tb.e :.-1e:iit:.-:l Density (RoO) Zone Discic:; and,
WHEREAS, the Cit'j Council may approve Lot SpE: applications and ex:opt ;he
denlopment from the scoring ad competition procec1::=s of the C'!O\litll Management
Quota SYsUm in conformance ~ith Secttons 26,88.03Q and 26.100.050 after taking a:ld
considering a recommendation from ,-':e COl!'..Inuniry Deve!opme::t Dirac:or and taking a::d
considering public testimony at l duly noticed public hear'","g; and,
- VlHERE.AS, the CCIr.l!luritj Develcpmer:.: Direc"':or r:ceived ~co(I"l..mendation5 from
the City Engineer, the City Zoning Omc:::, the .-\.;peniPit.~ COUIlty Housing Authority, and
the Aspen Consolidated Sanitation Disc:ct, re...iew~d the ;rroposal, and recorr""'l1enced
approval with conditions; and
ViEEREAS, the .i.>-pen City Council has revie.....ed and considered the developme~~
proposal under the applicable provision,; ofilie Municipal Caee, as identified in Sections 26.28,
2'6.52, and 26.88, has reviewed and cCl'.3idered the recolDI!lendations mace by the Commt;nity
Development D1rector, and has taken ar..d considered public co=ent at a public hear'~g; and,
V/1IEREAS, me City Councii 5nds that the ieve!opment proposal meets or exc~eds all
applicable development standards and that the approval of the development proposal, wi!.'!
conditions, is ccnsistent with the goals and elements orth:: .i.>"Pen Ar:a Community Plan; and
WHEREAS, the City Council finds that this OrCinance furl1ers ....,d is necessary for
public health, safety, and wel:fure.
NOW, THEREFORE, BE IT ORDAL';"ED BY THE CITY Cm:NCTI. OF THE
CITY OF ..~PE~, COLOR-illO as follows:
Otd.b~ce )ia, 9, Ser:es 0: 1999
:;.AY. 2:. 13'3g
8 : 52Pi'~
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Section 1:
'The :-Iolan Lot Split is appro-led, subject to th~ following conditions:
I, A Let Split PUr, ::n~ting the :equi.re::nents of Se~en :S,8g.040(D)(2){a){c), shall be
recorded within :So days oithe adcptioll date of this CTd'''"''ce. T!le ;:lar 3hall ~Ci<:a!= Jll
eas:menu of rec;:rd, pr:per:y cocer :ncnUI::.e::.t3, -:x:str.g ~truc~.1ral ncz:-confor:::!.ities,
e.~g trees incLu.di.ng those in :he :ill.e~ay: :l :lve.fuct-':hice pedest:ia:c. '.!SahlI! space
located 7.5 f~t :roo tile ?tOper':1' line ,.vrdl J. 5 teet ollf~r rer SIlOv-." storage, and note
etlcroachmeD.ts on ?ublic :ighrs-:f-way and the ::,sFec";e ;ncrcachme:lt lic.enses.
2. Tne lot spli! pia! shall ~"<hii::it r;<,o lotS ill canfonn<mca '.vi-.b. the R..S lene District
reg-ili.tiollS :md shalllnclude the foilo"r.ng :'equir:::::~!:l ,~i:his Lot Split as plat noteS:
. Cpon development afLot =1 or r~da"/elcpnl~t af:':Jc =2, beth 100, and the asscciatac
Sll"JC':'=:s, shail comply wio to;e R-6 Zene Dis;ic: prco;:sioIlS witi! resp= to me ::lewly
c;ezt;d lot boundaries and .s~acks. Exist~~ ilcn~'"'::nfcrming ~esscry strJct'..:res ca.y
continue to the ex:ent that :be :!.ew lot ooundar.es ':0 net increase the element'.i ncn.. .
cOllienni!y,
. The de'lelope~ er each Lot shall 3eek m ex~mption from GMQS pursuant:o Section
26, IOO.0:50(A)(2), as amended:rom time to time.
3, A tree removal p=it from tlle Cit)' Pai.cs Depa."'::Ilent shall be required for the ..:.u,'"....al or
relocation of1l'ees as per Section 13.10.020 of the Code, as amended. Tnere shall be no
excavation or stcrage offfil material:; ',::.ithin me tr:ed.-iplines.
4. Prior to applyin~ fur a buildkg permit, the ~pliC3Ilt 3h:ll1 complete a tap permit :md sha.:!
pay all oOIl/lectioIl charges due :0 oe Aspen CO:!Solieated Sani-canon District.
5. A buildiIlg permit applicatien ror each Let shaIl ;ontai:l a dramage r:port and a drainage
plan, including all erosion con:::-ol pla.'l, prepar~d by a Colorado lic::med Civil En~"eer
which maintains sediment and debris on-.ii!S d~..-mg and !.J.~er construction. If 3. gr.,im.d
recharae sYstem is required, a soli :lercolation m:ort ...ill be r=quir:d to corredv size the
=r ~ .. ~
facility. A 2 year S-l.Crm frequ::!:cy should be used in ce3igning any dnina~e
improvement;.
6. A building permit applicatioIl for each Lot shall contai:: a recorded agr~=ont to
eonstru..'"t ridewaL'<, curb, and g'.lt"..er, and a r::corded ag;~e:nen! to join any fut",e
imprcvem<::l! districtS for the purpa3e of COIl:>"tr'Jcting :nprave::nenrs which benefit;he
property under :m assessm.nt formula.
7. All material representatiollS maCe by the applicant in the application and during ?ublic
meetings m'l the :\.:i'pen City COUllcil shall be adhered :0 and .:onside~d conditio~ of
approval, unless otherwise amended by all entity with the autherity to do sa
Section 2:
All material representations aIld corr.n:itmots made by tlle developer pu.-suant co the
development proposal approvcls as herein a'Yarded, "'he,,'!er In public hear.ng or
documentation pr-'-sented befor:: !.'!e A3pe:! City CO\lUc'l, are hereby il1coIpon!ed in
such clan develcoment accrovals and che san. sh:lll be corr,o lied with as if fully set
forJ1 herein. unl~s a.'tlen~~d by other specific cor-cmcr.3. . .
Section 3:
This Oronarlce shall not eff~ct an~' eXJst:ng linga.:on a<ld shall not opente as 3."l
abaument of any action cr proc~e'':lflg no\V" ~e::ding ~~c~r cr by vir:ue of me crdL'"la.!:.c~s
Ordinance No.9, Se:-:es of 1999
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~FY.Z7.1SSS 8:52PM
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repealed or amended as herein provided, and me same shall be conducted and concluded
under such prior ordinances.
Section 4:
If any section, subsection, sente=c:", cla.use, pbrase~ or pcrticn oJf this Ordinanc~ is fer
any reason held invalid or uncons:imtiena1 in l cou."! of con:.pe~n! jurisdi~ion, sucJ.
portion shall be deemed a separare, dis-'..nct ad inc:epenc:ent prevision and sh31l net
affect me va1idit"j of the :emaining portior...s d1er~cf.
Section 5:
That the City Cld: is direct~d, upon the adoFric:! of this Orclinanc2, to record a copy of
this Ordinance in me office of the Pitkin County Clerk me! Recorder.
Section 6:
A public hea:ring on t.~e Ordinance was held on ,,'le 12th day of .-\ptiI, 1999 at 5 :00 in the
City Council Chambers, A.s"en City H31l, Aspen C0101"'''':0, t1."teen (15) days prier :0
which hearing a public notice of the same was published in a ilewspaper of ger.e~
circulation within me City of A>-pen.
INTRODUcrD, READ A...'iD ORDERED Pu13LISHED as provided by law,
by the City Council of the City of Aspen on the 22nd day of),fuch, 1999,
Attest:
Kathryn S. Koch, City Oerk
John Bel1llet:, Mayor
FIN.-\LL Y, adopted, passed and appro'id this
day of
,1999.
Arrest:
John Bel1llert, i}uyor
Kathryn S. Koch, City Oerk
Approved as to form:
City Attorney
Or~c. )io. 9, S~ries of 1999
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