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HomeMy WebLinkAboutlanduse case.boa.AspenGroveRoad.001-99 NOTICE OF PUBLIC HEARING CASE #99-1 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE V ARlANCE 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 Meeting: Date: January 14, 1999, City Hall Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: John T. Kelly & Jane A. Kelly c/o Oates, Knezevich & Gardenswartz 533 E. Hopkins Aspen, CO 81611 920-1700 Same Location or description of property: 112 Aspen Grove Road (marked as Cemetary Road), with a legal description of Lot 2 Eastwood Subdivision, Aspen, CO. Variances Requested: The applicant is requesting a fifteen foot (15') frontyard setback variance to allow for construction of a single family residence. 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 - RESOLUTION NO.1 Series of 1999 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 99-1 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH A STREET ADDRESS OF 112 ASPEN GROVE ROAD AND A LEGAL DESCRIPTION OF LOT 2 EASTWOOD SUBDIVISION, WHEREAS, Mr. John T. and Mrs. Jane A. Kelly made application, dated December 30, 1998 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 January 14, 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: Mr. John T. and Mrs. Jane A. Kelly for property located at 112 Aspen Grove Road, Aspen, Colorado. 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with" Section 24-6- 20S(E) (4)b) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 1111111111111111111111111111111111111111111111111111111 428447 83/84/191' 83,S8P RESOLUTI DAVIS SILVI 1 of 3 R 16.88 D 8.88 N 8.88 PITKIN COUNTY CO ,-,--~-------I>. 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. S. 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 fifteen (lS) foot front yard variance to allow for construction of single family residence, as depicted on the attached application. 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. 111111I111111111I1111111111111I11111111"'1111111111111 428447 83/e4/1999 e3:!8P RESOLUTI DAVIS SILVI 2 of 3 R 16.88 D e.ee N e.ee PITKIN COUNTY CO 2 ~,-^~-.,._~..I . 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. of the INTRODUCED, READ AND ADOPTED by the Board of Adjustment City of Aspen on ~ ~ry 1999. 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. . ~ ;PI eputy ity Clerk Approved as to content: Q~r~ ssistant City ttorney Ut~~J!~~!fllllllll 11111111I1111111111I11111 1111 1111 3 of 3 R 16,~~'~90 0~e!:P0R0E0SOLUTI DAVIS SILVI . . PITKIN COUNTY CO \.' ".1." ,;'...) ,.,""'_., l-' ,J "1'~ I ' '/ I ,. \ It ~ _ ,.,.j....; ,j ! f, __I 3 A.~"3-1A!:) ,c; 02 ,. ~. \" ~ t Q (F, ~ ;:.-.l. (' '......"' i' ; I V. U \.h.J .:h.'. !.....'"" _ _ __._~,_~~L_, AGENDA ASPEN BOARD OF ADJUSTMENT COMMISSION Regular Meeting Thursday, January 14, 1999,4:00 p.m. Sister Cities Meeting Room, City Hall I. ROLL CALL II. MINUTES (11/12/98) III. 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 #98-03 Donald Krumm, Alan Bush, 105 & 101 East Hallam, Aspen Extension of variance for one year from date granted, May 7,1999. B. CASE #99-01 John T. & Jane A. Kelly, 112 Aspen Grove Road, Aspen Fifteen foot front yard setback to allow for construction of a single family residence. VI. ADJOURN ~,_u~J ,,,. ,< '.'-. ye MEMORANDUM TO: Board of Adjustment Julie Ann Woods, Community Development Director ~ / ./ Sara Thomas, Zoning Office~ THRU: FROM: RE: 112 Aspen Grove Road, Lot 2 Eastwood Subdivision DATE: January 14, 1999 SUMMARY: The applicant is requesting a variance from the front yard setback dimensional requirement in order to construct, after demolition of the existing structure, a new single family residence. A portion of the new structure would encroach into the front yard setback by approximately fifteen (15) feet, requiring a fifteen (15) foot front yard setback variance. The 15,150 square foot parcel is located in the R-15B zone district, which has the following dimensional requirements: Front Yard - 30 feet Rear Yard - 10 feet Side Yard - 5 feet Floor Area - 3186 square feet 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 denial of the variance request finding that Review Standards #2 and #3 have not been satisfied. APPLICANT: John Kelly LOCATION: 112 Aspen Grove Road, Lot 2 Eastwood Subdivision 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. ._... 1......-.... 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: Staff agrees with the applicant's conclusions that allowing the new house to maintain the current access and expand on the existing building footprint will minimize disturbance to the property. However, the applicant has failed to provide evidence that no other home design could comply with the setback requirements. Therefore, it is staffs conclusion that, by redesigning the proposed structure, the applicant could still enjoy the reasonable use ofthe property without a variance being required. 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: A unique situation exists on the subject parcel in that the platted dedicated right-of-way does not coincide with the actual placement of the gravel road. In addition, an easement exists between Lot 2 and Lot 1 which limits development in the area of the easement south of the roadway to landscaping only. As a result, the parcel, while located directly adjacent to the dedicated right-of-way, is partially separated from the existing gravel road by a portion of Lot 1 of the Eastwood Subdivision. However, the municipal code requires that setback distances be measured from the edge of the dedicated right-of-way, not from the edge of the actual roadway. Staff does not feel that the existing circumstances cause the applicant unnecessary hardship or practical difficulty. Denying the variance will not deprive the applicant rights commonly enjoyed by other parcels as the property can still be developed fully. ----.-------...-----,-1 ALTERNATIVES: alternatives: The Board of Adjustment may consider any of the following . 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 for the front yard setback variance request to construct a single family residence, finding that Review Standards #2 and #3 have not been satisfied. RECOMMENDED MOTION: "I move to deny the request for a fifteen (15) foot front yard setback variance to allow for construction of a single family residence at 112 Aspen Grove Road, finding that review standards #2 and #3 have not been met." AL TERNA TIVE MOTION: "I move to approve the request for a fifteen (15) foot front yard setback variance to allow for construction of a single family residence at 112 Aspen Grove Road, finding that the review standards have been met," c:/saratlhomelboakell y .doc -,.._,,~...".." CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPUCATION DATE December ~O 19""':8 CASE iF PJPPUC.~ John T. Kelly & Jane A, Kelly PHONE 970-920-1700 MAlIJNGADDRESS c/o Oates, Knezevich & Gardenswartz; 533 E Hopkins, Aspen, CO 81611 O~ John T. Kelly & Jane A. Kelly PHONE 970-920-1700 MAlIJNG ADDRESS LOCATION OF PROPERTY 112 Aspen Grove Road (marked as Cemetary Rd) Aspen, CO (Streer, Block Number and Lot ;\lumber) (Lot 2 Eastwood Subdivision) WILL YOU BE REPRESE.:.'lTED BY COUNCIL: YES_ NO_ Below, describe c1e:lI'ly the proposed variance, including all dimensions and justific:mon for the variance, (Additional paper may be used if necessary.) The building permit appiic:ltion and any other information you feel is pertinent should accompany this application. and will be made part of this C:lSe. See letter to Board of Adjustment attached hereto and incorporated herein. Applicant's Signature John T. Kelly REASONS FOR DENIAL OF BUILDING PER..'VllT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARThlEl'iT STAFF. DATE PER.\1lT DE:.'I1ED 12/10/98 OFFICIAL DATE OF PJPPUCATION HEARING DATE 1/14/98 JOHN T. KELLY 533 EAST HOPKINS AVE, 3RD FLOOR ASPEN, COLORADO 81611 December 23, 1998 Board of Adjustment City of Aspen c/o Sarah Thomas, Zoning Enforcement Officer 130 South Galena Aspen, CO 81611 Re: Front Yard Variance Request - Lot 2 Eastwood Subdivision Ladies and Gentlemen: This is an application for a fifteen-foot (15') front yard variance pursuant to Chapter 26.108 of the Municipal Code ofthe City of Aspen. The applicants, John T. Kelly and Jane A. Kelly, address the requirements of the chapter and, more particularly, the requirements of Section 26.108.040 as follows: 1. The Lot Lot 2, Eastwood Subdivision, is a gently sloping, heavily treed lot which backs up to the Aspen Grove Cemetery as shown on the attached survey, It is currently improved with a 60's vintage "Panabode" home of about 1300 square feet which is functionally obsolete. The lot is unusual in that it is not adjacent to the public way (Aspen Grove Road) due to the fact that there as portion of Lot 1, Eastwood Subdivision on the South side of Aspen Grove Road, Applicants have the right to landscape this area as well as to relocate the driveway towards the lower (westerly) portion of the lot. In short, there is a unique situation on the lot which creates a "natural" although not "legal" setback. Applicants propose developing a new residence on the approximate location of the existing Panabode. 2, Variance ReQllest Applicants request a 15 foot (15') variance from the 30' setback on the front (North) yard setback, to allow construction of a house within the 30' front yard set back as shown on the attached site plan. Specifically, the applicants are requesting the right to build on the easterly portion of the lot to within 15' on the North (front) lot line. Applicants submit that the variance should be granted based on the following circumstances: 1. The grant of the variance is generally consistent with Aspen Area Comprehensive Plan. The proposed development is consistent with all codes and regulations (other than setback). Granting the variance will permit applicants (or it's successors) to develop the lot with the least amount of new disturbance to the land and preserve as much of the existing foliage and trees as possible. 2. The granting of the variance shall make possible the reasonable use of the parcel with the least impact on neighbors and the minimal new impact on the land. The 15' variance is the minimum variance necessary to permit reasonable use of the parcel and to avoid negative impacts on the neighbors, 3. The grant of the variance will allow the applicant to orient a new structure in the same manner Board of Adjustment December 28, 1998 Page 2 that other homes in the area are oriented. It will also avoid the practical difficulty and unnecessary hardship of creating a new driveway cut and removal of trees and foliage on the westerly portion of the lot. The proposed new home is located as far to the east as possible adjacent to land that will never be developed (vacant portions of Aspen grove Cemetery to the east). The proposed home is also "neighbor friendly" in the sense that it avoids the development on the westerly portion of the lot which would negatively impact the neighbors to the west. 3. ReQllirements of Section 26104 040(J3), Applicants submit that this request meets the requirements of Section 26.104.040(B) as described below: 1, In the event the variance is granted, no work will be commenced until all necessary permits are issued and the residence will be construed in compliance with all applicable codes and regulations, 2, Applicants shall, at the hearing, present an affidavit evidencing that proper notice has been given and that the property has been posted pursuant to the code, 3. The proposed variance is the only reasonable method to allow applicants relief and to deny this request will result in unnecessary hardship and practical difficulty, as well as negatively atTecting the neighbors to the west. 4. Applicants or applicants' successors shall take all reasonable steps to minimize disruption of the neighborhood during construction, 5. Not applicable. Applicants are owners of the parcel. 6. Not applicable. This is a dimensional rather than a use variance request. 4. Conclusion. In conclusion, applicants would again emphasize that Lot 2 Eastwood represents a unique situation that is not common to other lots in the subdivision or the area, This is primarily due to the fact that a portion of Lot 1 now lies south of Aspen Grove Road. While this acts as a "natural" setback and butTer, enforcing the full 30' setback will result in unnecessary hardship and practical difficulty. If not granted, the house site will have to be moved from the present site to a location lower on the lot to the west, This will necessitate removal of trees, foliage and a new driveway cut which will be detrimental to both applicants and the neighbors, In our view, granting of the variance allows the best siting on the lot for all concerned and allows the applicant the benefit of the same orientation as the neighbors. Thank you for your consideration in this matter. ~espec~77tted, JofurT. Kelly JTK/elh \ IC\lU J(ne A. 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I'J ()) , , () i . ~-~ f5' -, , 'I. ,J I 1> , --'- v ::0 o r-o b (fI \1"1 o I " ., i I i __l APPLICANT: John Kelly ADDRESS: 112 Aspen Grove Road, Lot 2 Eastwood Subdivision REQUESTED ACTION: Variance Pursuant to the Aspen Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the Board of Adjustment shall make a finding that each of the following three circumstances exist: 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. The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure. 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. 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"",- r-,!' '". '" '" - -,# ..,,~J ~',"" JOHN T. KELLY, ATTY. AT LAW PO BOX 1100 (970) 925-7423 ASPEN CO 81612 PAYTOTHE ORDER OF o ~~p,!~,!ank 4"00 ~~'z~=! Alpinelnlo-Un. (t70) 945-4433 ~(2 FOR 1:~02~OlI,071: 2D 200"llO 2511" 20(;5 2065 :1: 1'1: " I' 82.340/1021 I: $ /oS Do I: i ~ "f' ~:,~~~~~ t.,,",.. I DOLLARS W "',," ,. .0< Iti I: ... r -+ ... " ~, i o _\ rr- ! jEilll , 'PI lh!dd ~ ~ \ ~tm <r '\ ' Qr '0:' L. __ _.I \;:, [Em! . \~ W1-i.-..--. _.['__:._i, - -j:c-F -~- i ij, 1/ '0 =:J ~" =1, ,\~I , I ., \\ ~I \<"., '\ ,\ ~ \ ,,\, ,\'" '- cr \ . \,:\ \. \ l' , I _~_, __..L_~.__--'-- o - I f\l (\1 ....~ '..... oi _I I ~ N I d '~I , , 'i\\ o I ~ " , , I , 01 _ I \.{) (\11 i ~o "' - J 01 . cO J V) o o .-'- o r-; o <l ~ > \- Lli (\ if) _J I <{ LL '=-. W I \-.- N \J) ,,<1J " I- '-l. o . I ,-.J \L I ~ ................ ................ . ................ ................ ................ "","',"l, ~__ '\,""" --- -"- '-'-,-~ '-'-'-~----- "'B "',.,'"""" I ........ I I ........................'" 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