HomeMy WebLinkAboutlanduse case.boa.121W-Bleeker.006-96
NOTICE OF PUBLIC HEARING
CASE #9t06
Before the City of Aspen ~oard of Adjustment
I
TO ALL PROPERTY OWNERS AFFECTED BY THE iQUESTED 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: April 26, 1996, Sister Cities Meeting Room
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name: Dr. and Mrs. Edward Watson
Garfield & Hecht, P.C.
Address: 121 W. Bleeker, Aspen, CO 81611
Location or description of property:
Block 58, Part of Lot C, Lot D and Part of Lot E
Variance Requested:
Applicant is requesting an 8' variance into the rear yard for railing and deck above the garage.
Will applicant be represen~ed by Counsel: YES:X NO:
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Patterson, Chairman
, '
",._~
CITY OF ASPEN
BOARD OF ADJUSTMENT
DEVELOPMENT APPLICATION
DATE April IS, 19~ CASE # 96- Ot..
APPLICANT Dr. and Mrs. Edward Watson PHONE 920-9090
MAILING ADDRESS 121 W. Bleeker, Aspen, Colorado 81611
OWNER Dr. and Mrs. Edward Watson PHONE 920-9090
MAILING ADDRESS 121 W. Bleeker, Aspen, Colorado 81611
LOCATION OF PROPERTY
Block 58, Part of Lot C, Lot D and Part of Lot E, City of Aspen
(Street, Block Number and Lot Number)
WILL YOU BE REPRESENTED BY COUNCIL?
YES~
NO_
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Below, describe clearly the proposed variance, including all
dimensions and justification for the variance. (APditional 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.
See attached Application
Applicant's Signature
for Applicant
------------------------------------- -------------------------
REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY
CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE
7RES~ED TO THE BOARD BY THE ZONING DEPARTMENT STAFF., . s...i-b~ 0
~~~ ~Co::tJ ~ ~ e-.-& 3~ ~~ ( "f.rwJ. -Ul.f.o,;-)o..d ~
~ ~~ OJ "36G\, ~'1tVl& sS ~~. ~40 b- \3Jt.s....., Sec~
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](DA~~D.1~t~ ( ~" OFFICIAL ~~
DATE OF APPLICATION ~\, \~q (. HEARING DATE J_
,',
VARIANCE APPLICATION
The proposed variance is to permit a portion of a safety rail located on top of the
Applicants' one-story garage at 121 West Bleeker, Aspen, Colorado, 81611. Specifically,
the Applicants request a variance that would allow a small portion of the safety rail to
extend approximately 8 feet into the 13 foot 5 inch rear yard set back and exceed the
existing height of the garage by' the size of the existing safety rail or by the size required
under the land use code and or building code.
Approximately two and a half years ago the Applicants obtained a building permit
to construct the safety rail. A copy of the building permit is attached hereto as Exhibit A.
At that time the safety rail was preexisting and was located around the perimeter of the flat
portion of the roof of the Applicants' garage. The Applicants had built the safety rail
based upon their reasonable belief that they were permitted to do so and, more
importantly, in order to address some very serious health/safety concerns. For the same
reasons Applicants also laid down simple wooden flooring. In light of this fact and with
full knowledge that the safety rail was located within the set back, the chief building
official of the City of Aspen issued a Letter of Completion for the safety rail and the
wooden floor. A copy of the Letter of Completion is attached hereto as Exhibit B. In
addition and perhaps more importantly, at that time the Applicants also received from the
City of Aspen a Certificate of Occupancy for the safety rail and the wooden floor as it
existed. A copy of the Certificate of Occupancy is attached hereto as Exhibit C.
With respect to the health/safety concerns, the purpose of the safety rail was two-
fold. The Applicant's children and other neighborhood children were gaining access to the
garage roof through a window in the upper level of the east end of the adjacent play house.
They were doing this to retrieve frisbees and other toys. In addition, and perhaps more
importantly, egress was required from the upper level of the structure through the window
in the event of fire or other emergency. Applicants' concerns regarding safe egress in the
event of fire or other emergency still exist and are extremely important.
Despite the Certificate of Occupancy and Certificate of Completion previously
issued by the City of Aspen which expressly approved the zoning for the safety rail, in
November of 1995 the Applicants received a notice from the Aspen/Pitkin Planning and
Zoning Department that the safety rail was illegal. As a result, the Applicants immediately
pulled back the safety rail which, once again, resulted in serious health/safety concerns by
the Applicants. These were concerns which had been previously alleviated and the
corrective measures taken by the Applicants were duly approved by the City of Aspen.
The safety rail, as pulled back, no longer provides safe egress for someone exiting the
upper level of the building. In other words, someone, including but not limited to the
Applicants' young children, would be required to exit the window on the opposite side of
--
the safety railing. This exposes them to the unprotected edge of the flat part of the garage
roof, without the benefit of the safety rail for their protection.
The safety rail is constructed of one-inch steel tubing and stainless steel cables. It
is approximately 22 inches in height. The safety rail causes no direct or indirect negative
impact visual or otherwise. The Applicants' property is zoned R-6, medium density
residential. The Applicants' property is surrounded by a mixture of uses, including
residential, hotel and lodging, school and restaurant.
Again, the Applicants constructed the safety rail and wooden floor in the reasonable
belief that they were permitted to do so and in order to address serious health/safety
concerns. The current health/safety concerns of the Applicants are special circumstances
that warrant approval of the variance application. Granting the variance would once again
permit the Applicants to address these concerns and thereby serve a valid public interest.
It would permit them to place the safety rail in a location previously approved by the City
of Aspen. Under these circumstances, the Applicants' safety rail and their variance
request should be considered a priority by the City of Aspen. If the Applicants are not
permitted to place the safety rail in its previously approved location, obvious health/safety
hazards would continue to exist which would certainly place an undue hardship on the
Applicants and would not serve to further the public interest.
For the reasons set forth above, Applicants respectfully request that they be granted
a variance to permit a portion of the safety rail to encroach approximately 8 feet into the
rear yard set back and that the wooden floor be permitted to remain, all as previously
approved. In addition Applicants request that the variance include permission to exceed
the height of the garage by the size of the existing safety rail or by the size required under
the land use and/or building code.
C:\PDM\ W ATSON\ V ARIANC2.APP
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General
Construction
Permit
1
130 S. Galena
Aspen, co 81611
.303/920-5440
BUILDING PERMIT APPLICATll
ASPEN.PITKIN.:REGIONAL. BUILOING OEPARTMENT
.. PITKIN COUNTY 0 I CI~SPE~
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Applicant to complete numbered spaces only.
1.
LEGAL
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CLASS OF WORK:
7.0 NEW' 0 ADDITION
USE OF BUILDING
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VALUATION OF WORK V
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SEPARATE P.ERMITS AR5 REOUIRED FOR ELECTRICAL; PLUM8ING.
HEATING. VENTILATING OR AIR CONDITIO~ING,;i~;i:~t::"~t~1'~;:"
THIS PERMIT BECOMES NULL AND VOID IFWORK OR CONSTRUCTION.
AUTHORIZED IS NOT COMMENCED WITHIN 120/180 DAYS: ORJF CON.
STRUCTION OR WORK IS SUSPENDED OR ABANDONE[)FORApE.RIOD
OF 120/180 DAYS AT ANY TIME AFTE~ :-V()R~ 1!lf,RMtJ1Il'lq.~-91~-w'
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS -APPLICATION AND
KNOW THE SAME TO BE TRUE AND CORRECT. AlL PROVISIONS OF'LAWS 'AND,'
ORDINANCES GOVERNING THIS TYPE OF WORK Wlul-::- BE' COMPLIED WITHt-,
WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOr,'"
PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEl; THE PROVISIONS OF-~'
ANY OTHER STATE OR LOCAL LAWilEGULAT\~G ~~N~T11,U. .IQ~ ORJH.E,f~~;:
FORMANCE OF CO. NSTRUC)'ON. : . /.1",....r",!~ ::W!::.", . ~1:!l ~~. "
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Zoning Validation' >, '~I,;;;';k:' Plan Chick V.
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No. 01 Dwel~ng Unlls ,>",__.
SPECIAl. APPROVALS
ZONING
FIREPLACE'
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SPRINKLER
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( 0 SEE ATTACHED SHEET)
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LICENSE NO.
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PERMIT FEE
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:.. :. . ~ECTION OF METHOD FOR PAYMENT OF USE TAX
~;~;~LY USE OF QUARTERLY RETURNS WILL BE SUBMITTED.
o DEPOSIT METHOD: 3% OF 25% OF PERMIT VALUATION PAID NOW
, AT ISSUANCE, FINAL REPORT ON TOTAL ACTUAL MATERIALS
. ',_ COST. MUST BE FILED WITHIN 90 DAYS AFTER COMPLETION OF
':', _WORK. GENERAL CONTRACTORS CHOOSING THIS METHOD
,:Cj MUST REPORT AND REMIT TAX FOR ALL SUBCONTRACTORS
,,7STHAT DO NOT OBTAIN THEIR OWN PERMIT.
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. o EXE'MPT: STATE & PITKIN COUNTY RESALE NO.
':;\~7';i:".~'.'" . c;E~~~~~R~~~~~::I~O:NLY WHEN VAUDATEC.
i:I >:, . ~ORK STARTED WITHOUT PERMIT WILL BE DOUBLE FEE
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:j';XHIB;ITA
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ASPEN.PITKIN REGIONAL BUILDING DEPARTMENT
LETTER OF COMPLETION
OWNER: ED WATSON
BUILDING ADDRESS: 121 W. BLEEKER ST.
OCCUPANCY DIVISION: R-J/M-l
TYPE CONSTRUCTION: V
The plans and construction for the project described and permitted
as Permit 3-757 have been inspected and approved by the
Aspen/Pitkin Regional Building Department. At the time of
completion and final inspection, the work was found to comply with
zoning and building regulations effective in the City or County
with the following restrictions:
~~~
C ie Building ffi ial
2e ~ 9 Lf
EXHIBIT B
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5440/Fax 920-5198
~ nrinted nn rReve/Rtf DRner
, \
-
EXHIBIT C
, '
..-.
The following is a current mailing list of all property owners within a 300 foot
radius of the Applicants' property. The names and addresses are those on the current tax
records of Pitkin County as they appeared no more than 60 days prior to the public
hearing:
Edwin Grosse
Adeline Grosse
100 E. Bleeker
Aspen, CO 81611
Lexie Brockway
110 E. Bleeker
Aspen, CO 81611
Yellow Brick School
Aspen School District
0235 High School Rd.
or
000215 N. Garmisch
Aspen, CO 81611
William Davis
200 W. Bleeker
Aspen, CO 81611
Richard Horvitz Trust
Attn: Leonard Horvitz
217 W. Hallam St.
Aspen, CO 81611
Larry Saliterman (Bleeker Heights)
2240 Lee Ave. North
Minneapolis, MN 55424
Aspen Clinic Building
A Colorado General Partnership
100 East Main St.
Aspen, CO 81611
/'
Hotel Aspen Ltd.
250 Martin St., Suite 100
Birmingham, MI 48009
Marcus, Martin L. & Fannon, John H.
Leff, Marilyn c/o
7660 Beverly Blvd. Apt. #365
Los Angeles, CA 90037
David Slouiter
1358 Robin Hood Rd.
Meadowbrook, PN 19046
Leonard & Arlene Horowitz
86 Acorn Ponds Dr.
North Hills, NY 11576
John & Donna Bloniarz
James & Mary Brotsos
1839 N. Orleans St. Apt. 1
Chicago, IL 60614
Stuart Collier
One Commerce Square #2800
Memphis, TN 38104
Robert & Nancy Ferguson
3868 N. Galloway
Memphis, TN 38111
Anthony Brown
Grace Fox
c/o 250 Martin St., Suite 100
Birmingham, MI 48011
Herb Klein
831 W. Bleeker St.
Aspen, CO 81611
2
Phillip & Rosalyn Silverstein
24 Knolls Crescent
Bronx, NY 10463
Frank and Elizabeth Boy ton
Howard and Carolyn Klein
1026 Clinton St.
Carrollton, TX 75007
Douglas & Valerie Price
8611 Melwood Rd.
Bethesda, MD 20817
William & Kate Kaplan
P.O. Box 406
Milford, DE 19963
Robert Stickler Brown
Sandra Brown
1115 20th St.
West Des Moines, IA 50265
Kate Weese
314 W. Willow Dr.
Chicago, IL 60614
Steve & Lilly Ko
P.O. Box 25503
Seattle, WA 98125-1003
Louis & Francis Wille
200 W. Main St.
Aspen, CO 81611
Louis & Francis & Shauna Wille
200 Main St.
Aspen, CO 81611
3
, ,
, ,
Don & Ann Pevehouse
P.O. Box 7757
Aspen, CO 81612
Louise King, LLC
P.O.Box 1467
Basalt, CO 81621
Aspen's Molly Gibson Lodge LLC
101 W. Main St.
Aspen, CO 81611
Ralli Dimitrius & Jo-Ellan Dimitrius
200 South Sierra Madre Blvd.
Pasadena, CA 91109
David Melton
135 W. Main
Aspen, CO 81611
Aspen Main LP
Aspen Properties c/o
215 E. Monarch #G-l0l
Aspen, CO 81611
Gretta Kettelkamp
3408 Morris Ave.
Pueblo, CO 81008
Lesley & Bruce Stevens
214 W. Bleeker St.
Aspen, CO 81611
C:\PDM\ W A TSON\LIST.BOHAN.412
4
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,...'....
TO: BOARD OF ADJUSTMENT
FROM: BILL DRUEDING, CITY ZONING ENFORCEMENT OFFlCER
REF: CASE # 96-06
DATE: APRIL 18, 1996
The applicant is requesting to place a deck and railing above the garage which encroaches
into the rear yard setback. The board is aware of the enforcement problems we have had
but should consider this application on its merits. As far as Staff knows, the current
configuration of the structure meets the safety requirements of the Building Department
and is currently meeting the requirements of the zoning code.
County of Pitkin
}
} ss.
}
state of Colorado
Muni-
AFFIDAVIT OF NOTICE BY POSTING OF A
VARIANCE HEARING BEFORE THE CITY OF
ASPEN BOARD OF ADJUSTMENT (Pursuant
to section ~~~ 26.52.060 E 3 b
~~ ...
The undersigned, being first duly sworn, deposes and says as
follows:
I,
Dvan WatRon
, being or
representing an Applicant before the Aspen Board of Adjustment,
personally certify that the attached photograph fairly and
accurately represents the sign posted as Notice of the variance
hearing on this matter in a conspicuous place on the subject
property (as it could be seen from the nearest public way) and that
16th
day of
April
the said sign was posted and visible continuously from the
April
6
, 199_.
, 199~, to the 26th day of
(Must be posted for at least ten (10) full days before the hearing
date) .
I
I
I
_ J
~p~~t's~n~~
Subscribed and sworn to before me
th' 26th d f April
~s _ ay 0
199.-fL.-, by DvaD WatRoD
WITNESS MY HAND AND OFFICIAL SEAL.
601 E. Hyman Ave.. Aspen. CO 81611
Address
, ,
"
AFFIDAVIT OF MAILING
I have complied with the notice requirements of Section 26.52.060(E)(3)(c) of the
Aspen Land Use Regulations of the Aspen Municipal Code 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 on April 16, 1996. A
copy of the mailing list is attached hereto.
:)
Patrick D. McAllister
Attorney for Applicants Dr. and Mrs. Edward Watson
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The foregoing Affidavit of mailing was signed before me this 17th day of April,
1996.
WITNESS my hand and official seal.
My commission expires: / - J J - ~OOO
C:IPDMI W A TSONIAFFlDA VIT.PDM
NOTICE OF PlffiLIC HEARING
CASE #96-06
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: April 26, 1996, Sister Cities Meeting Room
Time: 4:00P.M.
Owner for Variance:
Applicant for Variance:
Name: Dr. and Mrs. Edward Watson
Garfield & Hecht, P.C.
Address: 121 W. Bleeker, Aspen, CO 81611
Location or description of property:
Block 58, Part of Lot C, Lot D and Part of Lot E
Variance Requested:
Applicant is requesting an 8' variance into the rear yard for railing and deck above the garage.
Will applicant be represented by Counsel: YES:X NO:
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Patterson, Chairman
, "
/".'"
The following is a current mailing list of all property owners within a 300 foot
radius of the Applicants' property. The names and addresses are those on the current tax
records of Pitkin County as they appeared no more than 60 days prior to the public
hearing:
Edwin Grosse
Adeline Grosse
100 E. Bleeker
Aspen, CO 81611
Lexie Brockway
110 E. Bleeker
Aspen, CO 81611
Yellow Brick School
Aspen School District
0235 High School Rd.
or
000215 N. Garrnisch
Aspen, CO 81611
William Davis
200 W, Bleeker
Aspen, CO 81611
Richard Horvitz Trust
Attn: Leonard Horvitz
217 W. Hallam St.
Aspen, CO 81611
Larry Saliterman (Bleeker Heights)
2240 Lee Ave. North
Minneapolis, MN 55424
Aspen Clinic Building
A Colorado Genenl Partnership
100 East Main St.
Aspen, CO 81611
, ,
........
,
Hotel Aspen Ltd.
250 Martin St., Suite 100
Birmingham, MI 48009
Marcus, Martin L. & Fannon, John H.
Leff, Marilyn c/o
7660 Beverly Blvd. Apt. #365
Los Angeles, CA 90037
David Slouiter
1358 Robin Hood Rd.
Meadowbrook, PN 19046
Leonard & Arlene Horowitz
86 Acorn Ponds Dr.
North Hills, NY 11576
John & Donna Bloniarz
James & Mary Brotsos
1839 N. Orleans St. Apt. 1
Chicago, IL 60614
Stuart Collier
One Commerce Square #2800
Memphis, TN 38104
Robert & Nancy Ferguson
3868 N. Galloway
Memphis, TN 38111
Anthony Brown
Grace Fox
c/o 250 Martin St., Suite 100
Birmingham, MI48011
Herb Klein
831 W. Bleeker St.
Aspen, CO 81611
2
, ,
.
Phillip & Rosalyn Silverstein
24 Knolls Crescent
Bronx, NY 10463
Frank and Elizabeth Boy ton
Howard and Carolyn Klein
1026 Clinton S1.
Carrollton, TX 75007
Douglas & Valerie Price
8611 Melwood Rd.
Bethesda, MD 20817
William & Kate Kaplan
P.O. Box 406
Milford, DE 19963
Robert Stickler Brown
Sandra Brown
1115 20th S1.
West Des Moines, IA 50265
Kate Weese
314 W. Willow Dr.
Chicago, IL 60614
Steve & Lilly Ko
P.O. Box 25503
Seattle, WA 98125-1003
Louis & Francis Wille
200 W. Main S1.
Aspen, CO 81611
Louis & Francis & Shauna Wille
200 Main S1.
Aspen, CO 81611
-
3
, ,
.
Don & Ann Pevehouse
P.O. Box 7757
Aspen, CO 81612
Louise King, LLC
P.O.Box 1467
Basalt, CO 81621
Aspen's Molly Gibson Lodge LLC
101 W. Main St.
Aspen, CO 81611
Ralli Dimitrius & Jo-Ellan Dimitrius
200 South Sierra Madre Blvd.
Pasadena, CA 91109
David Melton
135 W. Main
Aspen, CO 81611
Aspen Main LP
Aspen Properties c/o
215 E. Monarch #G-I01
Aspen, CO 81611
Gretta Kettelkamp
3408 Morris Ave.
Pueblo, CO 81008
Lesley & Bruce Stevens
214 W. Bleeker St.
Aspen, CO 81611
,...,
atrick D. McAllister
Attorney for Applicants
C:\PDM\ W ATSON\L1ST.BOHANA12
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