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Home My WebLink Aboutlanduse case.boa.233N-Spring.009-96 - " NOTICE OF PUBLIC HEARING CASE #96-09 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 surrow1ding 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: September 12, 1996, City Council Meeting Room Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Ed Van Deusen Debra & Gary Moore Address: 233 North Spring Street, Aspen Co 81611 Location or description of property: 233 North Spring Street, Aspen Co 81611 Lots 1,2 & S 1/2 of Lot 3, City of Aspen, Oklahoma Flats Variance Requested: Applicant is requesting a side yard setback variance of approximately 4 feet for construction of a storage enclosure. 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 County of Pitkin } } ss. State of Colorado } AFFlDA VIT OF NOTICE BY POSTING OF A VARIANCE HEARING BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT (Pursuant to Section 26.52.060(E)(b) of the Municipal Code) The undersigned, being first duly sworn, deposes and says as follows: I, CAR,,! C:-. H(')(')tC~ , 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 the said sign was posted and visible continuously from the;;1... J' day of A (A. (]- , 19911, to the lJ...day of ,s,Ef, , 199-.6. (Must be posted for at least ten (10) full days before the hearing date). ., n WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: 4/, T / q q No ry ublic's Signature J3oL.~, ~ Address P0~T'eO rpl!1. Au-G- d-~ I 19q b :..;;:: ------...,; ..,- --- ~.~ .- ~A\~ _ - . ::::-:,~,:~~; c; ~1'Jn,~1~~ - P/Prt;/~7 ~~;vi es 1'111.,.) -3 ~tfl"l,.;; IJ?, D /6.0. (J 019#1...$ - /J~ J4))IN, t~c.. 6~ 6/1J11, I,.(. ~ /f/~ It N, ;:w,.,,1.'1 ,. Il1f..$rM~ P' (J ovu... 7 ;a..vc:..IL,. ,.. - I ~ . at'- II) ~ ." ~'".J' ~_"\~ ~ .~ /1'7.d- ~_~".;~f''j 'lI:; ~~.,_..;.~' ,~.._:'i ,: ~~,~~~~ ~" '. '~m~~i>' .~ f , ~, , a. 04 ~"i~"""",,, ~~~ tJtA , ~. - ~ lIlP-:~ ".. _. . ~ 1I<'l,'",'~.._.;; ~Z"-4 '. .-:- ,,::'~, - - ~~.,.::~~:,~ ~. <. r. . ~""''<'='i~ 'I;;{k.;.~~_ ..... _ o I I I I I I I I "I '-' I I I I I I I I I I o I I I I I I ~ -".,. :~ :. -~'......,r- --Of'"' .-/~ '~~-. tt::;;<'~.,--.::f':")~'-' " c~ ."10.. -.: ", .. '~.~...:-.; r"'~'J""" ,: "k "'-... ~ .' : 4!'::" ~ ~."" _ _* '.../ It t' _ - '-1iI{.,.., ~ .J ....'-~. . . ._, ~' '-l .~. ",., ~ ,... ._" ,. _ '=0\. -'. '-- _~ I \.>..;0 ,.{'--;:~"::'.'" _ ,..c-_." !'--/ ':;:')." I r, --"''''->''l ..' ,;:.~..i-~i:;;' ;....--... .:.- .i:" ...... .. " "-.."- \....... ,,~-'" ",(, i6; -i-~.~~ ~ 1"'- , \.... .~.f,.. _ ,.,dY' cl I I 1ff4'7 1,1'- I'R'? ? ,Ii It!'" h,A- 1",- () ~..-!-'" '" . - ~ , APR-21-1995 08:37 FROM ASPEN/PITKIN BLDG DEPT TO 9-108~~13036913387-0 P,02 . ~~ ,...... ',.:' \;;" :?:. . . ~y~;' ;: .,~ ",. .~ ,', ..' " ,:,;".:i~' . . ""-..)~ . (p '" ~ \ . I" .",~. . " -~,. . . ; September 5, 1996 " ..... ............. The City of Aspen The Board of Adjustments RE: CASE #96-09 Variance Request September 12,1996 Dear Board of Adjustments: I understand Mr. Moore is coming back into the board to ask for an additional variance on a shed. The variance for a shed should not be granted because of the following facts: * There is no hardship. In the enclosed letter dated May 25, 1996 from the Board of Adjustmentes: "Erickson stated, I just want to remind everybody that we are charged to give minimum variances, and minimum variance, in this case, with a new house, is zero. So, you can do what you want, but I don't think there's one needed here. That's my point of view." * A new oversized 3-car garage exists which is rarely used for cars. The garage appears to be used for storage and a business? Therefore an additional shed on the north side in the set back does not present a hardship or difficulty for the applicant. (Pictures Enclosed). Granting a variance would give the applicant a special privlege that has previously been denied to surrounding neighbors. A shed was not allowed in the set back by this same board. That specific home did not have any storage or garage. * * The congestion on the North side is an eyesore. There is a large berm that is not on grade with an to attempt to hide the shed. This berm looks awkward, at best. I would question if such a berm meets city code as it is not on grade with the next property. The home is a duplex of massive proportions, adding a shed just increases the over encumbered lot on the north side. The south side could be more appropriate as trees could easily hide a shed. It would be most appropriate to plant trees as more than 124 caliber inches were cut down after the previous variance was granted. * * The parking is intolerable due to the narrow dead-end and the fact that the house was allowed to move forward. Mr. Moore almost always parks in the street to gather items from the shed and garage. This just adds further to the congestion. This is the hardship on the neighborhood. It is astounding that four cars are rarely parked in the - -. * garage because it is used for storage/business. This is the worst visual impact to the public and the neighborhood. There are no special conditions or circumstances which are unique to the parcel, building or structure. All of the beautiful old trees that would have hidden its massive impact along the river are gone. In other words the visual impact has already been created by the City allowing and supporting this dupleL Mr. Moore has the attitude of "build-it," "then ask for forgiveness." Example: Example: Example: Example: Duplex - Allowed to stay. Everyone knows the Moore family of four does not live in an ADU Unit of 700 Sq. Ft. maximum. This is a duplex of approximately 2750 Sq. Ft. on the North side and 2500 Sq. Ft. on the South side. One needs to look at the plans on the North side. The Moore's master bedroom and two childrens bedrooms are upstairs along that entire side. The children's bedrooms are even labeled with their names. The City Officials have already given the applicant special privilege that has been denied to the rest of the neighbors. A variance was granted to move the said property 3 Yz feet forward to save trees. The trees were cut down anyway. It is a fact that the owners cut down approximately 24 caliber inches the first time and more than 100 caliber inches the second time. A patio was built in the stream margin. A portion of the patio was removed in August 1996. A shed was built by the Moores without approval and the City required a variance and disassembly. Mr. Moore's intentions are obvious as the roof and panels are in tact on the North side of the home just waiting to be reassembled. I would hope the board would review the enclosed papers dated May 25, 1995 and to see how easily the City rules appear to be manipulated with no consequences as to the impact on the surrounding area. It would appear a double standard if this additional variance were to be allowed. Sincerely, n.H~.' ~ Denice C. Reich DR:jb ,- ~... _~9/(J3~96 Tl;E 15: (Ji FAX 6~ i98 4fU..L ,TETAWAY & ,HI.) ~(J(J1 September 3. 1996 ~ .Jet~~~YD'~;~"~,":~~!~: Muskegon, Michigan 49441 (616) 798-2149 To Whom It May ConCern: I own the property at 285 N. Spring Street in Aspen, Colorado. It is rr,y understanding _ that Gary Moore who lives directly to the south of me wishes to build an enclosed shed on the north side of his home. Please let it be known that I have no objection to his building the enclosed shed. Sincerely, ~ :t: ~"' JAMjns TO: FROM: DA1E: RE: " ,-." MEMORANDUM Stan Clauson, Community DevelopJ!!l:nt Director George Robinson, Parks Director ~ July 7, 1995 Gary Moore's Development Proposal; Lots I, 2 & South 112 of Lot 3, Block 1 Oklahoma Flats Subdivision I have been working quite extensively with Mr. Moore on his development proposal for his OkIal1oma Flats property, Our original discussions on the lots in question were to request a set back variance on the front lot line to accommodate saving a significant number of trees along the river. The movement of the building forward, closer to the street, was to save approximately 100+ caliper inches of trees. This design would have required an approximate 5 foot set back variance from the Board of Adjustments, The Board of Adjustments approved this variance for 3 112 feet. Since that time, Mr. Moore has removed an additional 24 caliper inches of trees, however, the number of trees saved by the set back variance is still significant and acceptable to the Parks Department cc: --------- , ,0', \ Leslie Lamont, Deputy Planning Director Bill Drueding, Zoning Official WV~l~ \ . - ,\~)'\C- WV/--- c)( eM- \ Bcro ~. ()../v L.. ~, v'\.J~ 0 \ r~0/f ~ t ~~~~~, n -LG ~LA r [yJ c.~V\ ~L10 lY'~ rr t~ -t v 0/,-- l CV<..A. ()L.<l \ Ul-l.. \) jLI\.A./.A- \ \ v0rt~ ~ 1h "R&-"-'-~ ~ CJ1 ~tJ ~\ C O)~~~ ~~~tv-& '''-''' 1,r.q~ ;'" DENICE REICH, INC. ATTENTION: LESLIE LAMONTE BRUCE KERR April 26, 1995 To Whom It May Concern: Regarding case #95-2 Gary Moore, Spring Street: As a property owner directly across the street, at 230 N. Spring, I would strongly object to the home being built on that property to encroach seven and a half (7 1/2) feet closer to the street. It is a very large home and would have an impact on that end of the street. I would question also the impact on the entire area of Oklahoma Flats. Within the last year the area has become homes looking as if they are taking steroids, instead of the quaint smaller homes that gave the area such charm. Bigger is certainly not better, as closer to the street with such a large home is certainly not an improvement. Concerning the addit iona 1 700 feet being added to the home by an accessory dwelling unit would also negate the charm and have a definite impact. I would object to any additional square footage. Sincerely, ~ c.faJ2 Denice C. Reich RE/MAX Central 1400 So. Colorado Blvd., #500 Denver. CO 80222 (303) 759.6644 direct FAX (303) 691.6829 One of Denver's Top ill Realtors Since 1980 HOWARD l. ~ P.O. BOX I eGO AsPEN. COLORADO 8161 Z September 9, 1996 The City of Aspen Board of Adjustment 130 South Galena Street Aspen, CO 81611 Dear Chairman Paterson and board members: I have owned property in Oklahoma Flats for the past twenty-one (21) years and have been a full time resident of the area since 1984, Last week I received notice of a public hearing on a variance request,- case #96-09, It's my opinion that the variance requested by Debra and Gary Moore is reasonable and I hope that the Board of Adjustment will give unqualified and immediate approval to the request. ~~ ')~-'- ~illrans~ . P.O, Box 1690 725 Bay St. Aspen, CO 81612 ... " -. DENICE REICH, INC. August 26, 1996 City of Aspen The Board of Adjustments Dear Board of Adjustments: A variance was granted to the Gary Moore property at 233 N. Spring by the Board of Adjustments on May 25, 1995. The variance was granted on the basis of hardship due to the Cottonwood trees. These said trees were cut down during the construction period at 233 N. Spring Street, the very reason the variance was granted. The park department admitted that the trees were cut down and mitigated by a 10-12 foot berm on the North Side ofthe home and yet not one tree was replaced along the river. I have enclosed Remo's statement from the meeting of May 25, 1995. Remo Lavagnino stated from tbe audience, for your consideration and clarification, tbe impact on Spring Street, a1tbougb it is a dead-end street; wben tbe snowplow comes in in tbe winter time, because it creates a snowbum and it keeps backing up, and tbat impacts neigbbon, Uke myself, in tbat particular area. I'm not saying anything about tbis variance so mucb as I just want you to undentand tbat narrow street at tbe dead-end of Spring Street does bave impact on neigbbon. I have enclosed the pictures ofthe parking problems now created as a result ofthe granted variance. I understand Mr. Moore is coming back into the board to ask for an additional variance on a tool shed. I am opposing this. There is no hardship on a home with a three-car garage, which is used for storage not parked in, and an ADU Unit of 734 square feet that is being used as a part of complete living area, a duplex, for two families. In my opinion, Mr. Moore has the attitude of "build-it," "then ask for forgiveness." His intention to rebuild the shed is obvious as the disassembled pieces are waiting to be put back. I would hope this board would recall the shed that had to be moved 10 feet from the property line in 1993. It would appear a double standard if this additional variance were to be allowed. 2'~ {!~ Denice C. Reich DR:jb RE/MAX Central 1873 So, 8ellaire St,. #700 Denver. CO 80222 (303) 759.6644 direct FAX (303) 691.3387 One of Denver's Top Ten Realtors Since 1980 NOTICE OF PUBLIC HEARING CASE #96-09 Before the City of Aspcn 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 Codc of Aspcn, All pcrsons (lffE"cted by the proposed variance are invited to appear and state their views, protests or objeclions. If you carmot 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 Var1anCe, Particulars of the hearing and requested variance are as follows: Date and Time ofMccting: Date: September 12, 1996, City Council Meeting Room Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Location Or description of property: Dcbra & Gary Moore ~ ~ "^'" jb ~~ 4~~~ ~. &~ (;<l-' Ac?^^; ~{b {( ~ Name: Ed Van Deusen Address: 233 North Spring Strect, Aspen Co 81611 233 North Spring Strcet, Aspen Co 81611 Lots 1,2 & S 1/2 of Lot 3, City of Aspcn, Oldahoma Flats Variance Requested: Applicant is requesting a side yard setback variance of approximately 4 feet for c enclosure. Will applicant be rcprcscntcd by Counscl: YES: NO: X The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman .' Ed Van Deusen 233 N.Spring Street Aspen, CO. 81611 27 August, 1996 City of Aspen Board of Adjustment The variance we are requesting is for an enclosure for trash & garbage containers and gardening equipment, etc. on the north side of our house. The dimensions are: 4'x16'. Height, 5'6" rear, & 5' front. The reason for our request for this special variance is our definate need for this particular storage do to the following: Because of our location on the river, which is almost entirely exposed to the public bike path, and the recently dedicated Spring Street Park, we feel obliged to keep these areas free of unsightly items such as those mentioned above. Also, we do not want trash & garbage containers, street side of our house for the same reason, plus bears are prone to scavenge such containers. etc. on the the fact that Since basements are not allowed due to our river location, our garage is used for cars and personal things of full time residents. There is no room left for the items mentioned above. The only appropriate side of the property for such an enclosure is on the north side of the house adjacent to our neighbor, Jim Morse, who is in favor of this variance, as we maintain and landscape a mutual berm. The proposed enclosure would contain all items now having to be stored out in the open in this area. We feel problem, public. that but the variance would not only solve our storage maintain the beauty of the areas visable to the We appreciate your kind consideration of this variance. ??~~ Ed Van Deusen ~ 1\ j vV:.. ,,~l'J' ,~? II J''' ,0 ].;J)- /.",If') vq,y, PROPERTY OWNERS MAILING LIST (WITHIN A 300 FOOT RADIUS OF APPLICANT'S PROPERTY) Howat"'d Mayet'" BCtX 333 Aspen, CO 81612 Dennis & A~orea Young P.O. Box 88569 Atlanta, GA 30356 Der,ice Relch 325 Ash St.. Denver~ CO 80220 Bt"'ia"n Weirle-r-' PMG - C/O 504 Milar, Bldp. San Antonio~ TX 98205 Jim r'-:Ol'""se 107 Sinclcdt-. Musko~ow, ~ichigan 49441 Fraternal Order of Eagles 700 E. Bleeker Ave. Asper,. CO 81511 Rj.che.l-.C:: W.. Volt<. 2327 !"(:. rnosa Dl"'. Hus~on. TX 77019 Neligh C. Coates Jr. 72~ E. Hyman Ave. Aspen, CO 81511 Gai l fT:. Sr'css 2700 Post Oak Blvd. #1670 Huston, TX 77eS5 Bes Prc,pert ies C/O Howa,,'d Bass P.O. Box 5078 Aspen~ CO 81512 Howay'C: Ha~ISOl'"1 725 Bay St. Aspen, CO 81511 Klaus Dbermeyer P..O. Box 130 Aspen, CO 81612 Gerald H. Goldstein 208 KinG William Sari AntoY"lio, TX 78204 C: '....y of ,,4SPEU (30 S' _ G..I4c..C'/.J4 ASPEIJ CO 8((11 Ye,"b ~; lei )", 831 W. Bleeker Asper., CO 81511 ~ugene & Judith Seymour 1455 Monaco Dr".. Pacific Palisades, CA 90272 R lJ~ ~ Ham i 1 t Qrl Br"'owy"! 420 N. S~ring St. As peri CO 8~ 511 EDWARD B. VAN DEUSEN DIANA VAN DEUSEN 23294 POMPEII DR. (714) 661-6687 DANA POINT, CA 92629 2336 55'- 2.15"9-3' ~:~'}!t4~ 1$ /~, 16-66/1220 694 51 Bank of America South Coast Financial Center Branch #0694 3233 Park Center Drive Co'" Me,., CA 92626 ~ MEMO 8,.,.-..,,~.1 ~ A''':( 1:~22DOObb~l: 2:1:1b"'Obq"~"'~525?1I' (714) 973.8495 6V,Q.-