HomeMy WebLinkAboutlanduse case.boa.262Eastwood-Dr.005-98
RESOLUTION NO.1L~
Series of 1998
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
DENYING A VARIANCE IN CASE NUMBER 98-05 RELATING TO PROPERTY IN
THE CITY OF ASPEN WITH AN ADDRESS OF 262 EASTWOOD DRIVE AND A
LEGAL DESCRIPTION OF LOT 7 EASTWOOD SUBDIVISION, ASPEN,COLORADO.
WHEREAS, Joan Fabry made application, dated September 24,
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 November 12, 1998 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.
For purpose of approval, the Board of Adjustment must
determine the following findings of fact:
1. A development application for a variance was initiated
on September 24, 1998 by Joan Fabry for property with a
street address of 262 Eastwood 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.
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
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428448 03/04/1999 03:!8P RESOLUTI DAVIS SILVI
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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.
The Board determined that findings #4 and #5 above were not
satisfied and the variance request was therefore denied by a vote
of 5-0.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 12th day of November, 1998.
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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
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Approved as
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NOTICE OF PUBLIC HEARING
CASE #98-5
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
vanance,
Particulars of the hearing and requested variance are as follows:
Date and Time of Meeting:
Date: November 12, 1998, City Hall
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name: Joan Fabry
2425 Wyoming Avenue, NW
Washington, DC 20008
Represented by: John Laatsch
Location or description of property:
262 Eastwood Drive, with a legal description of Eastwood Subdivision, Lot 7,
Variances Requested: The applicant is requesting an eleven foot (11 ') front yard setback variance to
allow for construction of a single car garage,
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
-_. ,,~, I --.
....
BOARD OF AD.JUSTMENT
NOVEMBER 12, 1998
MINUTES.....................................................................................................................................................................1
COMMENTS ....."............"..............,....................................."....................................,...................,.................,.........1
CASE #98-05 ,lOAN FABRY - 262 EASTWOOD DRIVE ......................................................................................1
4
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BOARD OF ADJUSTMENT
NOVEMBER 12, 1998
Charlie Paterson opened the City Board of Adjustment meeting at 4: I 0 p.m, Jim
Iglehart, David Schott, Rick Head and Howard DeLuca were present. City Staff
present were David Hoefer, Assistant City Attorney, Sara Thomas, Community
Development Zoning Officer and Jackie Lothian, Deputy City Clerk.
MINUTES
MOTION: David Schott moved to approve the minutes from May 7,
1998, Case #98-04 (Liz Talenfeld) and 98-03 (Bush/Krumm). Jim
Iglehart second. APPROVED 5-0.
COMMENTS
Charles Paterson stated that Ron Erickson resigned from the Board of Adjustment
and was now on the City Planning and Zoning Commission. Jackie Lothian noted
that Dan Martineau was also off ofthe Board of Adjustment because he resided in
the county, There were ads placed for the two (2) members needed.
PUBLIC HEARING:
CASE #98-05 JOAN FABRY - 262 EASTWOOD DRIVE
Charlie Patterson opened the public hearing, David Hoefer stated the affidavit of
notice had been received and the board had jurisdiction to proceed, John Laatch,
representative for the applicant, explained the reason for the variance was
historically that this was a private subdivision annexed by the city which then
required the 30' setback from the roadway. He said this placed the house farther
away from the roadway and there was a failure of the retaining wall caused by
drainage from the roadway. Laatch stated that Joan Fabry, owner, requested help
from the city in the correction of this drainage problem, He said the city improved
an inlet on the high side ofthe road and could not do much about the cross-slope
ofthe road. Laatch commented the request was for a variance to build a garage
and re-build the wall between the road and house. Laatch said this inadequate
drainage from the road was a hardship placed upon the property owners, He noted
this was an appropriate time (the failure of the wall) to improve the safety and
control the drainage.
I
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BOARD OF ADJUSTMENT
NOVEMBER 12, 1998
Laatch stated the variance request was for a single car garage, the extent of the
request was minimal, in order to provide for safe access to their vehicle in the
garage and to provide the drainage back to the natural course. He submitted a
letter from Stan Clauson, as a private planner, supporting the project. He said
there were numerous garages in the neighborhood that were within 10 feet or six
feet of the roadway. He stated the garage would clean up the area of garbage
being exposed to bears, enclosing the car and create a landscape area in front
rather than the gravel expanse that was there.
Sara Thomas stated reading the standards to allow a variance and the intent to
allow a variance; a variance should be looked as if the structure were not
permitted would there be a hardship. Staffs opinion was the property was still
very usable; a garage is an amenity not a necessity, it does not cause hardship not
to have a garage, Hoefer inquired about the drainage problem. Thomas replied
the retaining wall could be re-constructed without a variance. She said a trash
enclosure could be constructed without a variance and placed inside the setback.
Rick Head and Jim Iglehart asked what prevented the garage from being moved
into the building envelope. Laatch said the garage would butt up against the house
causing a conflict with the footers; moving the garage into the area proposed
would take care of the drainage problems as well. He said the lack of proper
drainage could be changed by the grade of the road which would be by the city,
Iglehart asked if the house was there before the road, Laatch answered that the
same considerations for drainage were not in place 20-22 years ago when the
roadway and house were built.
Howard DeLuca said the orientation of the garage created more of an
encroachment into the easement than the setback itself. Laatch answered the
drainage from the swale would be interrupted and should probably be enclosed in
a pipe to convey the city drainage. DeLuca stated the minimum variance was
what the board would consider but this was too much,
Head said he failed to see why the garage could not be built within the setback. He
said that he would not be in favor of granting the variance. He did not see this as a
practical difficulty or a hardship.
Iglehart stated there was a way to make it work, being built into the set back. He
said that he would not grant the variance.
2
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BOARD OF ADJUSTMENT
NOVEMBER 12, 1998
Paterson agreed with the board by moving the structure back to the building; it
would provide a more suitable design. The board and applicant discussed tree
removal, standards being met in order to grant a variance and what was
appropriate for the neighborhood.
MOTION: Rick Head moved to approve the request for an eleven foot
front yard setback variance to allow for the construction of a detached
garage at 262 Eastwood Drive, finding that the review standards have been
met. Howard DeLuca second. Roll call vote: Iglehart, no; Schott, no;
DeLuca, no; Head, no; Paterson, no. DENIED 5-0.
Meeting adjourned at 5:00 p,m.
Jackie Lothian, Deputy City Clerk
3
County of Pitkin }
} ss.
State of Colorado }
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATION
SEcrION 26.32.060 (E)
L -ft #'v c, L-44-7.S'C'# . being or representing an
Applicant to the City of Aspen. personally cettify 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:
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 hundreC: (300) feet
of the subject property. as indicated on the attached list. on the _day of
, 199_ (which is _ days prior to the public hearing date of ),
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 go day of ~ 199!3\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)
~
Signed before me this
MOV(nffyfpt/
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. I 99}by
day
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WITNESS MY HAND AND OffiCIAL SEAL
My co
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Notary Public's SignalllrC
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County of Pitkin }
} ss.
State of Colorado }
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATION
SECTION 26.52.060 (E)
. L d () (\ '^' F .,'v, r ~ . b ' ,
, emg 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.
1. By mailing of notice, a copy of which is attached hereto, by first-class. postage
prepaid U,S, Mail to all owners ofprbperty within three hundred (300) feet
of the subject property, as indicated on the attached list. on the J..:tday of
o eX" ~i( 199 I. (which is 11 days prior to the public hearing date of 12. /'JJv ).
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 day of . 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)
~~~..
S~ature
Signed before me this ~,J
()CA?Ji>U'( .199~by
day
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires :~~, ro~'n;":on 'F...+es S'""m~er30, 2MC
(~/.UfAldoYJ ;L fA) owj4t! j
Notary blic
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Rita and Gene Clausen
0284 Eastwood Road
Aspen, CO 81611
Umberto and Marguerite Villasanta
4611 Cedar Garden Road
Baltimore, MD 21229
Margaret Aden Mason
PO Box 4044
Aspen, CO 81612
William and Barbara Dunaway
PO Box E
Aspen, CO 81612
Albert and Selma Rose ET AL
1075 Santa Fe Drive
Denver, CO 80204
Peter and Sharon Hutter
161 Westv~ Drive
Aspen, CO 81611
Jack and Elise Resneck
721 2 Gilbert Drive
Shreveport, LA 71106
Sandra Whitaker
L 7 7 Eastwood Drive
Aspen, CO 81611
Melanie and Myron Rosehko
257 Eastwood Road
Aspen, CO 81611
Ann Hooles
302 Roaring Fork Drive
Aspen, CO 81611
Joanne Tibma and Peter Gillen
PO Box 2317
Aspen, CO 81612
Vincent K, Partyka
203 Eastwood Road
Aspen, CO 81611
Marc Mathys
220 N Starwood Drive
Aspen, CO 81611
John W, Rhea, Jr,
1901 N, Akard Street
Dallas, TX 75201
Victor A, Conforti
817 Merrimack Street
Lowell, MA 01852
Brooke Newman
273 Roaring Fork Drive
Aspen, CO 81611
Marie-Fabienne and John Gordon
PO Box 2772
Aspen, CO 81612
Clove North and Joseph Filloy
100 North Biscayne Blvd" Suite 700
Miami, FL 33132
Arlene Stanley
229 East Lake Shore Drive
Chicago, IL 60611
Chuck Frias c/o The Aspen Club
730 East Durant Ave
Aspen, CO 81611
Fabienne Benedict c/o Ramona
Markalunaj
624 North Street
Aspen, CO 81611
Beauseant Trust Bearfoot Revoc,Trust
198 Eastwood Drive
Aspen, CO 81611
Dale Dillingham and Gabriella Bursten
PO Box 2061
Aspen, CO 81612
Helene Freeman c/o Commonwealth
State Bank
Rt, 332 and Friends Lane
Newton, PA 18940
Aspen Grove Cemetary
624 North Street
Aspen CO 81611
APPLICANT: Joan Fabry, represented by John Laatsch
ADDRESS: 262 Eastwood Drive, Lot 7 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, In determining whether an applicant's rights
would be deprived, the board shall consider whether either of the following
conditions apply:
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
Granting the variance will not confer upon the applicant any special
privilege denied by the Aspen Area Community Plan and the terms
of this title to other parcels, buildings, or structures in the same zone
district.
Stan Clanson Associates, LLC
Planning. Urban Design. Transportation Studies · Project Management
200 East Main Street
Tel: 970 925 2323
Fax: 970920 1628
Aspen, Colorado 81611
Email: clauson@csi.com
11 November 1998
Mr, Charley Patterson, Chair
A~enBoardofA~u~mem
Aspen, Colorado
Re: Zoning Variance for 262 Eastwood Drive
Dear Mr. Patterson and Members ofthe Board:
I am writing in support of a zoning variance as requested by Ms, Joan Fabry for her property at
262 Eastwood Drive, Joan Fabry and her husband Michael Klein have wrestled with the
problems caused by their ~eeply sloping site and the need to recon~ruct failing retaining walls
currently buttressing the exi~ing parking area to the front of their property, Replacement of
these retaining walls will require a major construction project.
It is because of this need to construct new concrete retaining walls that they have identified an
opportunity to contribute to the appearance of the neighborhood and provide better control of
runoff flows by constructing a small garage to house their vehicle, An added benefit is the
ability to integrate a bear-proof waste storage facility into the structure, as this has been a
problem in their area,
I have read Sara Thomas' memo to the Board, and would respectfully call to the Board's
attention the following possible findings offact with respect to this request:
1. The requested garage is only 352 square feet in size, sub~antially less than the 500 square
foot garage size which is excluded by right from Floor Area in this zone district;
2, The requested encroachment into the front yard setback is the minimum necessary to provide
for the construction of a garage;
3, The front ofthe property currently provides for open parking of vehicles which is less
attractive than having a vehicle contained in a well-designed structure;
4, The steeply sloping lot con~itutes a hardship with respect to the con~ruction of a garage and
the management of runoff, This situation can be greatly improved through a garage
structure;
5, Problems with wildlife, particularly bears, have proved a challenge for the construction of
appropriate trash storage facilities, These could be attractively integrated into a garage
structure;
Planning and Design SolutiOns for Communities and Private Sector Clients
Aspen Board of Adjustment
11 November 1998
Page 2
6, A literal interpretation and enforcement of the terms of the zoning code would deprive Ms,
Fabry ofthe rights commonly enjoyed by other parcels in the same zoning district and would
cause unnecessary hardship and practical difficulty; and
7, Relief may be granted without derogating from the zoning code or the commonly shared
qualities ofthe district.
While I understand the staff contention that having a garage is not a "right" of all property
owners, it certainly is a convenience shared by most property owners in this district. Moreover,
garages are sanctioned and encouraged by virtue of the 500 square foot Floor Area exemption
provided for in the code, In terms of providing for the best interests of the neighborhood, a
garage on this property will offer aesthetic and functional benefits that would appear to justify
the small variance requested by the applicant.
Thank you for allowing me to comment on this matter before the Board,
Very truly yours,
~-
Stan Clauson, AICP, ASLA
--....,-1..
MEMORANDUM
FROM:
Board of Adjustment
Julie Ann Woods, Community ~evelopment Director ~
Sara Thomas, Zoning OffiCe\,Lj) 1" . "
262 Eastwood Drive
TO:
THRU:
RE:
DATE:
November 12,1998
------------------------------------------
-------------------------------------------
SUMMARY: The applicant requests a variance from the front yard setback dimensional
requirement in order to construct a single car garage, A portion of the proposed detached
garage would encroach into the required front yard setback by approximately 19 feet,
requiring an 11 foot front yard setback variance, The single family residence is located in
the R -15B zone district, which has the following setback requirements:
Front Yard - 30 feet
Rear Yard - 10 feet
Side Yard - 5 feet
The R-15B zone district is unique in that it is the only City zone district where the Design
Review Standards, established by Ordinance 30, 1995, do not apply, and it is the only
zone district where garages up to 500 square feet are completely exempt from floor area
calculations, The proposed garage is approximately 352 square feet and will therefore
not affect the floor area square footage for the property,
This property was previously reviewed by the Board of Adjustment in 1993 when the
applicant was requesting a floor area variance to allow a portion of a covered walkway to
be converted to living area, That variance request was denied by the Board,
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 Standard #3 has not been satisfied.
APPLICANT:
Joan Fabry, represented by John Laatsch
LOCATION:
262 Eastwood Drive, Lot 7 Eastwood Subdivision
..j
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: Other zone districts within the City of Aspen are required,
through the Design Review Standards, to locate garages a minimum of 10
feet behind the front facade ofthe principal building. However, since the
R-15B zone district is exempt from the Design Review Standards, this
criteria does not apply to the subject property. Therefore, granting the
variance will not conflict with the goals of the Aspen Area Comprehensive
Plan or the requirements ofthe Aspen Municipal Land Use Code.
2. Standard: The grant of the variance is the minimum variance that will make
possible the reasonable use ofthe parcel, building, or structure,
Response: This parcel is located in an area with very steep topography and
very limited level building or parking areas. In addition, the subject
property has a dramatic grade change from the road to the house, with a
drop-off of approximately 12 feet creating a gully between the existing
parking area and the house. The applicant is proposing to locate the garage
as far into the property as possible, bnt the existence of the 10-12 foot drop-
off necessitates the structure to encroach 11 feet into the required 30 foot
front yard setback. The applicant has designed a large single car garage
instead of a standard two car garage in an attempt to minimize their variance
request.
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: As discussed above, the steep topography on the subject property
is a situation that can be considered unique to this parcel and one not
caused by the actions of the applicant. In order to comply with the zone
district setback regulations, the applicant would be faced with a practical
difficulty of having to significantly re-grade the property in order to
eliminate the existing dramatic grade change.
However, in reference to the iDkD1 of Standard 3, staff feels that having a
garage should not be considered a right of all property owners" as a garl!ge is
an amenity, not a necessity. Based on this, staff does not support the
variance request as we do not feel that this will cause the applicant
unnecessary hardship or deprive them oftheir rights.
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 for the front yard setback
variance request to construct a garage, finding that Review Standard #3 has not
been satisfied.
RECOMMENDED MOTION: "I move to deny the request for an 11 foot front yard
setback variance to allow for construction of a detached garage at 262 Eastwood Drive,
finding that review standard #3 has not been met."
ALTERNATIVE MOTION: "I move to approve the request for an 11 foot front yard
setback variance to allow for construction of a detached garage at 262 Eastwood Drive,
finding that the review standards have been met."
c:/saratlhomelboafabry .doc
NOTICE OF PUBLIC HEARING
CASE #98-5
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 Meeting:
Date: November 12, 1998, City Hall
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name: Joan Fabry
2425 Wyoming Avenue, NW
Washington, DC 20008
Represented by: John Laatsch
Location or description of property:
262 Eastwood Drive, with a legal description of Eastwood Subdivision, Lot 7,
Variances Requested: The applicant is requesting an eleven foot (II ') front yard setback variance to
allow for construction of a single car garage,
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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FABRY ASSOCIATES, ARCHITECTS
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Variance ProDosal for 262 Eastwood Drive. Lot 7. Eastwood Subdivision
We here seek a variance from the minimum front yard requirement of 30 feet in an
R-15B residential zone in order to build a one car garage at 262 Eastwood Drive.
This garage could not otherwise be constructed within the confines of the front
yard, primarily because of the steep topography of the lot and because the
existing house was located in compliance with the zoning regulations for the
Eastwood Subdivision which was later annexed by the city of Aspen,
Prior to the annexation Eastwood Drive was a private road, located on a 40'
easement (20' on each adjoining property). However, more of the road was built
on the 262 Eastwood property (approximately 15' of the 20') Therefore, the
house or garage then could have been built as close as 5' to the road, along the
line of the original 20' easement, It may be important that many existing
structures are built as close as 6' to Eastwood Drive (see the attached
photographic survey). With the City of Aspen zoning code currently applying, a
30' front yard setback is required for any structure (the front property line is now
roughly concurrent with the road edge). In our case, it is approximately 25'
further back than the setback required by the original easement.
The properties along Eastwood Drive are very steeply sloped perpendicular to the
road. There is relatively little level area along side the road for parking or
structures, The north corner of the house at 262 Eastwood is 43.4' from
Eastwood Drive, the entry door is approximately 42' from the road, and the edge
of the covered entry bridge is approximately 24' from Eastwood Drive. The
covered entry bridge spans a chasm between the parking area (at approximate
street elevation) to the entry, which at that point is 10-12' above grade, Because
of this excessively steep topography, the level area, held up by an 11' tall
retaining wall constructed of wood ties, ranges between 18 to 35' deep; not a
sufficient length for a 30' setback and a 22' deep garage.
We propose the reconfiguration of the retaining wall at the point the level area is
the widest, The existing retaining wall is collapsing and will require a great deal of
earth fill and structural work to repair, Aclding a 22' deep garage with a 19'
setback from the street makes the most sense in this location both in terms of the
site and economics, It is not possible to build a garage set back at 30' because of
the house location and because of the difference in grade between the street and
the front wall of the house (approximately 14,5'), Therefore, for reasons entirely
out of our control (the existing topography and the house location on the site
predicated on earlier zoning codes and easements) a zoning variance is being
sought, The variance is being sought for the portion of the 500 sq, ft, garage
(including roof overhangs and an open, covered connection to the existing covered
entry bridge) located forward of the required 30' setback, A one car garage is
proposed in lieu of a two car garage so as to minimize the variance being sought,
..,.."
Paved parking spaces for two additional cars are being proposed to the north of
the garage, with an another space in the driveway.
An additional need for the garage (besides the protection of our car from the
elements) relates to the increasing need to keep bears out of the garbage. Over
the past years, our external garbage bin structure has repeatedly attracted and
been torn apart by bears. We propose to use part of the garage space to keep the
garbage outside their grasp, to protect them as well as us.
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262 Eastwood Drive, front yard and front of house
2,
262 Eastwood Drive, view from south-east showing steep topography,
retaining wall and existing covered bridge to entry
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244 Eastwood Drive. house directly south of ours
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4,1 284 Eastwood Drive. house directly to the north of ours
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284 Eastwood Drive, close up of garage, located approximately between
11 ',8" and 18'-4" from the road
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69 Eastwood Drive (opposite). garage doors approximately 6' from the road
6,
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7, 82 Eastwood Drive, stone wall south of garage doors located approximately
12'-6" from the road, (garage doors set back approximately 2' more)
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8, 102 Eastwood Drive, corner of carport located approximately 9' from the
road
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9~ 134 Eastwood Drive, house located approximately 21' from the road
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10, 64 Eastwood Drive, corner of house located approximately 16'-9" from the
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