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HomeMy WebLinkAboutlanduse case.boa.998 Gibson Ave.007-99 NOTICE OF PUBLIC HEARING CASE #99-7 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. rfyou 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 Meetine: Date: July 8, 1999 Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Bill and Tena Farr Sven Alstrom, Architect Jeff Dickinson, Architect Address: 998 Gibson Avenue, Aspen, CO 0504 Crystal Circle, Carbondale, CO 81623 Location or description of property: 998 Gibson Avenue, with a legal description of Lot 3 Brownell Subdivision, Unit I Brownell Condominiums Variances ReQuested: The applicant is requesting a five foot (5') front yard setback variance; a four foot (4') rear yard setback variance; and a nineteen foot (19') combined front and rear yard setback variance to allow for expansion of an existing nonconforming duplex 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 -Yo ". MEMORANDUM TO: Board of Adjustment Julie Ann Woods, Community Development Director ~. Sara Thomas, Zoning Office~ THRU: FROM: RE: 998 Gibson Avenue- front, rear and combined front/rear setback variance requests DATE: July 8, 1999 --------------------------------------------------- ----------------------------------------------------------- SUMMARYIBACKGROUND: The applicant is requesting a five foot (5') front yard setback variance; a four foot (4') rear yard setback variance; and a nineteen foot (19') combined front and rear yard setback variance to allow for expansion of an existing non- conforming duplex structure. The duplex is located on a 7,696 square foot triangular shaped parcel in the R-6 zone district and is subject to the following dimensional requirements: Front yard setback Rear yard setback Combined front/rear Side yard setback Floor area Maximum Site Coverage 10 feet 10 feet 30 feet 5 feet 3871 square feet 34% (2616 square feet) The applicant is proposing to construct a two story 800 square foot addition onto one side of a duplex structure. The existing structure contains approximately 1215 square feet of floor area and is non-conforming in regards to the rear yard setback and combined front & rear yard setback requirements. The proposed addition appears to comply with floor area, site coverage and height requirements, but all dimensional requirements will be verified at time of building permit application, STAFF RECOMMENDATION: Staff recommends denial of the setback variance requests finding that Review Standard #2 has not been satisfied. APPLICANT: Bill and Tena Farr, represented by Jeff Dickinson, Architect LOCATION: 998 Gibson Avenue, with a legal description of Lot 3 Brownell Subdivision, Brownell Condominiums 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 triangular shaped parcel, together with the R-6 zone district requirements of a 30 foot combined front/rear yard setback, creates a very constrained building envelope. However, the applicant has failed to show why the addition could not be designed in a manner that would minimize or eliminate the need for variances. There is buildable area at the front of the unit, as well as limited area to the side of the unit which could accommodate additional square footage yet would not require any variances, or at least could be utilized to minimize the variances required. Adding a second story directly over the existing unit is also feasible and this type of addition could be designed to comply with the required setbacks. Therefore, staff does not feel that the variance request is the minimum variance required to make reasonable use of the building. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's right would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan the terms of this title to other parcels, buildings or structures, in the same zone district. Response: The triangular shape of the parcel and the width of the Gibson Avenue right-of-way can be considered as circumstances unique to the parcel which are not a result of the actions of the applicant. However, staff feels that granting the variance requests would confer special privileges to the applicants as it has not been proven that the structure cannot be expanded in a manner that would not necessitate any setback variances. ALTERNATIVES: The Board of Adjustment may consider any of the following alternatives: . Approve the variance as requested. . Approve the variance with conditions. . Table action to request further information be provided by the applicant or interested parties. . Deny the variance finding that the review standards are not met. RECOMMENDATION: Staff recommends denial of the setback variance requests finding that Review Standard #2 has not been met. RE;COMMENDED MOTION: "I move to deny the front yard, rear yard and combined front and rear yard setback variance requests to allow for expansion of the duplex structure located at 998 Gibson A venue finding that the Review Standards have not been met." ALTERNATIVE MOTION: "I move to approve the five foot (5') front yard setback variance; the four foot (4') rear yard setback variance; and the nineteen foot (19') combined front and rear setback variance to allow for expansion of the duplex structure located at 998 Gibson Avenue finding that the Review Standards have been met.) c:/ saratlhome/boafarr. doc .Jun-2B-99 10:32A BiOaCeS,Inc... b g ~~ ':4 ~ \f EB ~ .J __ '9l n II II II II II II II II II U -=LJ ~ I' :I I' , I ~ n I I I , , - \=3'1 i , ii / n ~\ , I , ! II , Ii i ii II " " , ,. II j! II Ii fl I' II , Jlli I ii " II I! U I I: r I! f! II : Ii ! II I " ii ! 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(Streer, Block Number and Ldt Number) WIll YOU BE REPRESEt'\1TED BY CQ{)NCIL? YES_ NO~ Below, describe clearly the proposed variance, including all dimensions and justific:ltion for the variance. (Additional paper may be used if necessary.) Tne building permit application and any other information you feel is pertinent should accompany this application. and will be made part of this case. ~~. Appli=", Sign_~ ~ . - REASONS FOR DE;>U.U OF BlJILDING PERi.\'IIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCER..'I!1NG THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARThIE:-'T STAFF. DATE PER..\1IT DENlED OFFICIAL DATE OF APPUCATION HEARING DATE -,--._~-~. & 0504 Crystal Circle, Carbondale, CO 81623 June 25, 1999 , Charles Paterson, Chairman City of Aspen Board of Adjustment 130 S. Galena St. Aspen, Colorado 81611 RE: F ARR SETBACK VARIANCE REQUEST Lot 3, Brownell Subdivision, Brownell Condominiums, Unit I 998 Gibson Ave, Also Known As: 190 Park Ave, Zoning R-6, Total Lot Size: 7,696.5 square feet Owners: Bill & Tena Farr ' We are asking for a variance from the front yard set back (10'), rear yard set back (10') and combined set backs (30'). The encroachments occur along the South-East, (Gibson Avenue, front yard) side for .11 ' for a distance varying from 0 feet to 5 feet and back to 0 feet, and along the north-east property line for 18 feet, varying from 3' to 4'. The comqined setback for the proposed addition is II feet, therefore we are asking for a variance of 19' from the 30'. As shown on the attached site plan This hardship is created by the triangular shape of the lot, the large (60') right of way for Gibson Avenue, the relatively small lot size and the location and internal layout of the existing duplex. In addition, the existing duplex is already nonconforming with respect to the rear yard setback. We believe these conditions meet the necessary test for hardship. The proposed addition will accommodate a needed additional bedroom, .Iiving area and associated bathroom and utility spaces. The existing unit is extremely small (607 square feet) and the proposed addition, also small (815 square feet), is necessary to make this unit more useable. The unit is not being expanded for'resale or profit and this addition is the minimum size necessary to make the unit at the west end of the duplex practical and useable. Weare asking for the minimum variance necessary to make the project work. If any lesser amount were requested for the addition, the project would be unfeasible. FARR VARIANCE REQUEST PAGE 1 ,OF 2 . , The addition has been designed to and sited to create the least impact while allowing the modest square footage for the FaIT family. The addition is proposed for the most obvious, least impactfullocation on the property with regard to existing access, existing building location, minimal disruption of solar access, views, existing vegetation, and site harmony. The impacts to the setbacks only occur on a small portion of the site adjacent to Gibson Avenue. R-6 FAR Allowable, Lots 6,000-9,000 sf: 3600 sf for first 6000 sf ,plus 16 sf for each additional 100 sf LotSize 7696,5 sf yields 3,871 sf allowable. 1,215 sf existing, plus 816.3 sf proposed, equals 2,013.3 sf total, which is less than 3,871 by approximately 48%, therefore allowable by FAR requirements. Please contact me if you have any questions. Sincerely, Jeff Dickinson FARR VARIANCE REQUEST PAGE 2 OF 2 @ -----1.. .-'~'b' .- =. ...--=-:....-.==-=.----- --. ~---- - -- 'WC.-.____-. -W":-n A 'i'-l.-=A-M----- -...-...... ~~---;:--- /00 fl6 124 '1$4 ~. lil(J '. ::;: l., ... -....:: "" " , , . I ~ l::l (ll.!..J..9 :{'O t . ~ LI C:l ."" .<:> .... l:) .=t ~ :It . " .... ..';: ,,", 0...... ..., .. ~ en 5> 7$' ~ ... "rt"N ..~I,,\:,lIP , ~JJ I L z . C':) M Z -I M ::u ....L:... L-J '" , ...... '" '" .--- '" !>> , ....... i.-....... Z . --l " ~ ... (tn ~~.....~ -; I t /23 129 /.35 ... ~. ~ ... I~I'" ~9l1f " /01 cP. W.fRANGES - ~. H'. P"lJ~ z-.___ _________________ _-=.... __ __ ____~_ ____ _____ _.... -.__ 120 /2(, /54 .~ ~ I , ~ "" ... r:---- '::> . - ,-- --~ '" . ~ .... .... 1:: ~ ~c; ).~ 1'\\ CD l' , -; ~ ~~I~"5 -:Wb 1 .\ ,.. . ,. I .... ~ nl ,. ". ,~ '" I - -1~\~ 1'1 'i~ r;--;:1 ~~ 0"1 c.:n '" ,. l I I I r") I~I~~~ 75' ~r ... '" l::> J ~~~~~~ -~ if'='" ._1 .:#=qq - 0+ CITY OF ASPEN BOARD OF ADJUSTMENT ~ NAME OF PROJECT: CITY CLERK: :T1\c."f(-t-!::; Lc5TlhNJ STAFF: ~ IT\o~-1\;!3 WITNESSES: <D.::.T~ f.) (C:t<(/f'J~~ ~ ~ 1 e1J. ~l'V\. <ID D I L I:> vt.-t-.,J A-W At-( @ Lor s \/fh<.q~~(PL-t~tu:') @ EXHIBITS: o Staff Report \ -.\: @ Affidavit of Not ice fD Board Criteria Sheet o PHvI u::' X 4q..TI<A- fD MOTION,::0-cL. mnbOi)Jo~~& 411- CHARLES PATERSON RICK HEAD HOWARD DELUCA ---- NO !;) YES \ ~_ YEstt;~ YEs..!L:' NO_ ~ nMIGLEHART YES.Y!>lO_ DAVID SCHOTT YESYNO_ '&1\ ~ l-A-\-\-. YES_ NO_ VOTE: YES () BOAFORM.DOC Attachment 8 County of Pitkin } } State of Colorado } SS. AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 26.52.060(E) I, 0~ E3f</f::. A0S7PfJ1Y\ , 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 Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the23ay o~, 191-- (which is !.!:::)&.ys prior to the public hearing date of \ ) tJL Y ~ ). 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 th23day of vV A~ ' 19f/-, to the -0- day of V (J G Y , 199~. (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. (Attach photograph here) ::IN;z~~1;( - Signature Signed before me this 18 day of ~ I 99.:L.by "J\]f/Y) ALrkLlYh WITNESS MY HAND AND~tb~ Y 09/02/2001 My Commission ex . es: