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Home My WebLink Aboutlanduse case.boa.205 Cottonwood Ln.005-95 NOTICE OF PUBLIC HEARING CASE #95-5 GEORGE DETKO 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 SECOND FLOOR 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 24, 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 Meetinq: Date: MAY 18, 1995 Time: 3:00 P.M. Owner for Variance: Appellant for Variance: Name: GEORGE DETKO Address: 205 COTTONWOOD LANE, ASPEN, COLORADO 81611 Location or description of property: 205 COTTONWOOD LN., LOT 205, SMUGGLER MOBILE HOME PARK SUBDIVISION PARCEL #2737-074-90-205 Variance Requested: APPLICANT IS REQUESTING A 6 FT. HIGH FENCE ABOVE NATURAL GRADE WHICH IS HIGHER THAN STREET GRADE. will applicant be represented by counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Sharon Carrillo, Deputy City Clerk / . . - CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE AF~.{' ?'i 19..2..L CASE # APPLICANT Gporie Detko PHONE 920-9419 MAILING ADDRESS 20'i r.nttonwoorl Lane. Asnen. CO 81611 OWNER S;::,mp PHONE Same MAILING ADDRESS S~mp Parcel #2737-074-90-205 LOCATION OF PROPERTY ?O'i Cottonwood LRnp. Lot 20'i. Smu""l er Mobile Home Park Subdiv" (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL? YES_ NO~ ----------------------------------------------------------------- ----------------------------------------------------------------- Below, describe clearly the proposed variance, including all dimensions and justification for the variance. (Additional 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 text. Applicant's Signature REASONS FOR DENIAL OF BUILDING PERMIT BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING THIS. VARIANCE WILL BE: --...- . P~ESENTED TO THE BOARD BY. THE ZONING DEPARTMENT STAi'F.~ . ""'~" ~ 1\IVo\r{o ~ '1~ ~ ~ '5~~~ l.o-Q.t-~ \ ~~;,~~. n~\~It.-"--'t.:-t'^~~'"" ~ \Jj~~v~~~~~ DATE PERMIT DENIED ~ OFFICIAL ~ DATE OF APPLICATION ~! I / tJ; )---- HEARING DATE , . - TEXT TO GEORGE DETKO REQUEST FOR VARIANCE TO CONSTRUCT FENCE Proposed Variance: The variance requested is for authorization for a permanent 6 foot fence of construction detail and location as per enclosed drawings stamped with approval of Smuggler Homeowners' Architectural Review Board, but to be located within 30 feet of the property line on a comer lot which setback has a minimum of 30 feet. Applicable Code: Section 24-3-101 provides: "Fence means a structure, including benus and foliage, which serves as a barrier intended to prevent escape or intrusion, to mark a boundary, to shield or screen view, or to serve any similar purpose. Fences shall be permitted in every zone district provided that no fence shall exceed six (6) feet above natural grade. Fences visible from the public right-of-way shall be constructed of wood, stone, wrought iron or masonry. On corner lots, no fence, retaining wall, or similar object shall be erected or maintained which obstructs the traffic vision, nor on corner lots shall any fence, retaining wall, or similar obstruction be erected or maintained which exceeds a height of forty-two (42) inches, measured from street grade, within 30 feet from the lot corner (emphasis added). Plans showing proposed construction, material, location and height shall be presented to the building inspector before a building permit for a fence is issued. " Satisfaction of Section 10-104. Standards applicable to variances. "(1) In order to authorize a variance from the dimensional requirements of Chapter 24, the board of adjustment shall make a fmding that the following three (3) circumstances exist: (a) The variance is. not inconsistent with the Aspen Area Comprehensive Plan. (b) The variance is the minimum necessary for the enjoyment of the property. (c) Literal interpretation and enforcement of the tenus and provisions of this chapter 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:" 2. "Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan and the tenus of this chapter to other parcels, buildings, or structures, in the same zone district;" Smuggler Mobile Home Park is a high density mobile home park of very small, irregularly shaped lots (in this case trapezoidal - 80' x 40' x 64' x 52') with zero lot line proximity so our neighbors on one side, and with most residents have the advantage/privilege of fencing in their small yards to provide some degree of privacy and a modest area for gardening, pets, etc. These are not standard Aspen residential lots, and my yard, the 30' for lot corner fence code is unreasonable. Section 10-104 (I) (c) 1. authorizes variances where: I. 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; ... The single bedroom of my trailer is located in its NW corner with windows opening onto the busy "mailbox" stop of RFTA's Hunter Creek bus, probably one of RFTA's busiest stops, running from 6:30 a.m. to 2:30 a.m. This is an area of high density of seasonal rentals for young employees. During this past winter there was the nightly disembarking of loud, frequently intoxicated and singing individuals of the bus, especially between midnight and 2:30 a.m. I found this nightly disruption of my sleep a severe hardship and it significantly diminished my quality of life. Because of line-of- sight considerations, a 6 foot fence is judged needed for noise abatement from the bus stop. The general location with bus stop, mailboxes for 75 residences, a garbage drop for about 75 residences, all within 60 feet of my bedroom contribute to very heavy pedestrian traffic, and a fishbowl-like existence if denied a fence for privacy like the other residences of Smuggler. See attached Diagram. Other considerations. 1. The nearest City street to the proposed fence, i.e. the surface of N. South Avenue, is a full 60 feet away from the fence, twice the distance required by the code for safety. 2. The confluence of public and private streets and roads flowing to and from Smuggler Mobile Home Park is unique (see attached Diagram). 3. Cottonwood Lane and Oak Lane, at whose intersection the fence would lie are privately owned and privately maintained by Smuggler, and have a 10 mph speed limit. They funnel together and into N. South Avenue in a large "neck" 75' long and 65' wide and bridged at its mid- point by a permanent speed bump and a permanent 10 mph speed limit sign. 4. The applicant has granted an additional 5 feet of easement at the corner to the Smuggler Homeowners' Association increasing visibility and enabling an enhanced, beautified landscaped entrance into Smuggler. 5. The plan as presented has been unanimously endorsed by both the Smuggler HOA Architectural Board and the Smuggler HOA Board of Directors. , , ~ 5. The plan as presented has been unanimously endorsed by both the Smuggler HOA Architectural Board and the Smuggler HOA Board of Directors. Because of the unusual characteristics of the neighborhood and limited lot size, the applicant urges: 1. Literal interpretation and enforcement of the terms and provisions of the land use code would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and 2. There are special conditions and circumstances which are unique to the fence which are not applicable to other parcels in the same zone district. 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". f~ !i ~ r II --l~.% i .~ _. I .~ .,:~,<"'::.;T-- i . I ; . .' I ,.""'I :1 ~ T " I I .. i " a '-, ~~. ' :" ....... ~ ':\ ( ...... ;-" ,,: I\.1 ,.:, \ - t . - ./" -L DIAGRAM OF AREA .j "'-_. . _____.."... .. -' I ~ . ._____ - ~-- I i 1""'----- \ .-- ..-- _.- .---- R1='IA J-tUNrea. <1 REEK. MAIL 1//)>< ST~ if iL~~/' I j ,J PARK CIR . -. ~. .'- ." . -~r- I '---- ?Afl~ l)WkE M~IL 'BbXE:5 '~RIJAC:;E fJuNtf"<; '" N\PIo4 SI~N s ,a-D S U tt\9 ~j I' r'" , .,/ .' / 1JLf) 'U>VE/Z.:t"V LINE /) ! Z. . \ ":< ". ~ ..., -"" '- ',,o ---- - ,- . '''', ,,' S ' ) ...lle '. , ''Y , 4---" SMUGGLER HOMEOWNERS ASSOCIATION 301 OAK LANE ASPEN, COLORADO 81611-2181 MINUTES OF THE APRIL 20, 1995, SPECIAL BOARD OF DIRECTORS MEETING ATIENDANCE: Patty Simpson, Mike Christopher, Dotty Winagle, John Freitas GUEST: George Detko, 205 Cottonwood Lane George Detko, 205 Cottonwood Lane, called a Special Meeting to discuss the possibility of a land swap between his property and Smuggler easement on Cottonwood. The nature of this land swap is that the Board grant Detko approximately 60 sq. feet into his rear (Oak Lane) parking easement for approximately 160 square feet of his present property on Cottonwood Lane in a trade-in-use agreement with Smuggler Homeowners Association's common land easement The Board agreed to this trade-in-use land swap through a Motion by Mike Christopher, second John Freitas, and was approved by all. The basis for this approval be that George Detko proceed according to the plans drawn up by the Architectural Committee and that he also agrees to clear out the front parking area on Cottonwood to his present fence/deck line, which lines up with 207 Cottonwood's fencing, which is on the lot line, in order to provide adequate parking for 2 cars in his front parking easement and to better place his intended privacy fence. A stop sign will be placed at the Cottonwood Lane comer. There is already a stop sign at the Oak Lane and Cottonwood intersection. Mr. Detko also agrees to participate in the landscaping of the Cottonwood Lane entry which borders his property, for the enhancement of the entry to Smuggler Mountain Park. SMUGGLER MOBILE HOME OWNERS ASSOCIATION 301 OAK LANE ASPEN, COLORADO 81611-2181 May 10, 1995 Dear Homeowners, SPRING HAS SPRUNG. well maybe not!! However, it is time for all of us to pitch in and help make our Park beautiful and keep it the wonderful place it is to live. All items other than registered autos should be behind a privacy fence or kept out of view as much as possible. not in your assigned parking easement. This includes all toys, basketball hoops. firewood, commercial equipment or supplies, anything that is not a registered vehicle. The City is once again doing its Spring Cleanup on May 22nd. They will come directly to your home and pick up anything except garbage, batteries, refrigerators or air-conditioners which contain freon or other coolants, and tires. there will be a further update on tires by the time you call in for your pickup. The deadline to call for a pickup is May 19th. and they can be reached al 920-5131. They will take all yard cuttings. construction materials and furniture, Soooo, let's gather all our old useless junk and call for a free pickup. Let's make this Summer the best yet!! Please be reminded that the garbage dumpsters are for household refuse onlv! If you cau't put it in the dumpster, don't leave it on the ground. And, no construction materials allowed in SHOA dumpsters--bring to the dump yourself. If construction debris is reported being dumped, architectural permits andlor building permits may be revoked and homeowners may be fined. Also, all dog owners please be reminded that it is your responsibility to clean up after your own dog and that we do have a lease law in effect inside the Park. We all love our pets, but our neighbors may not. Let's keep everyone happy!! Our Park Manager, Rick Brebner, would like to remind all homeowners that the Visitor Parking areas are just that--parking for guests. Any autos that are parked beyond the 3-day limit, will have a 72- hour parking limit sticker put on them. If the vehicles are not removed within the 72-hour period. owner's will be charged for long-term parking of $20.00 per month. If there is no attempt to pay the $20.00 or to notify the Mauager, the vehicles will be towed at owner's expense. Also, please call Rick with names and phone numbers of all renters in your units. Spring is here. so we know that many of our homeowners may be planning Summer projects. Please remember to present to our Architectural Board plans for all exterior improvements including, but not limited to basements, fences. decks. color choices. fireplaces and any and all additions. You can call anyone on the Architectura1 Board and set up an appointment (list of names and phone numbers attached), and please call Mike Christopher at 920-2450 to be put on the Agenda. Many homeowners are contemplating basements. Considering the enormous cost of basements these days. the Board strongly recommends getting a survey before excavation. By now everyone shonld have received their 1995 tax valuation. Many complaints have been recorded as to the increase of property evaluations. The Board is also registering a complaint based on the fact that Smuggler is still and seems likely that we will always be a Superfund site, Therefore, buyers may always have problems acquiring real home mortgages large enough to truly finance purchasing our homes. And, as far as we know, Norwest Bank of Aspen is still the only bank loaning in Smuggler, On January 11. 1995, the Board also passed a new Resolution to put liens on all properties in arrears on their monthly assessments in excess of $500.00. We feel it this is only fair to the homeowners that do pay on time. Please also be reminded of our late fee of $10.00 per month for all payments made after the 6th, 15th, and 20th of each month. So, let's all continue to pay on time and keep our Park the great and reasonably priced community it is. With our new lower monthly assessment, all should be very happy, If things look as good next year, we may be able to lower the assessment even further! COME ON SUMMER!!! SMUGGLER HOMEOWNERS ASSOCIATION 301 OAK LANE ASPEN, COLORADO 81611-2181 May 18. 1995 Aspen City and Planning Office Board of Adjustments Committee 130 South Galena Aspen, Colorado 81611 Dear Board Members, This letter is meant to address the meeting scheduled for May 18, 1995, 3:00pm, with Smuggler Mountain Park resident George Detko who resides at 205 Cottonwood Lane. Mr. Detko has brought to our attention a problem he is having acquiring a building permit for a privacy fence to be constructed on his property. On April 19, 1995, Mr. Detko met with our Smuggler Homeowners' Architectural Committee and was granted approval for a privacy fence and shed based upon an agreed upon land swap with our Association. It has always been our understanding that if our Architectural Board approves an architectural request according to our very restrictive guidelines, the City would grant a building permit. The problem that has arisen is a new City Ordinance regarding 3D-foot setback requirements for fences on comers inside the city limits. Our concern is that Smuggler Mountain Parle is a privately owned and maintained subdivision with 10 mph speed limits throughout. This differs considerably from a city comer lot where there may be a 25 or 35 mile an hour speed limit. The Board of Directors has met on this issue and has agreed to place a stop sign at the comer of Cottonwood Lane exiting the Park. There is already a stop sign at the Oak Lane/Cottonwood comer. The Board of Directors feels that this restriction would place an undo hardship on Mr. Detkosince all other homeowners have been allowed privacy fences and that our covenants require that all miscellaneous items other registered vehicles be kept from view behind a privacy fence. We also allow dogs in the Park. A fence is an essential factor in a community where lease laws are in effect Mr. Detko is a dog owner. In closing, the Board would like to strongly recommend that Mr. Detko be allowed his 6 foot privacy fence which was approved by our Architectural Committee and is in keeping with the approved standards of the Smuggler Mountain Park community. Sincerely, ~~t2 Patricia A. Simpson, Secretary Board of Directors Smuggler Homeowner's Association 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 6-20S(E) (b) of the cipal Code) The undersigned, being first duly sworn, deposes and says as follows: I, c:;:,,;? ?p_ ...) r t:k:: \-" '" , .,) Y , 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 yariance hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that .-d- the said sign was posted and visible continuously from the ~___ day of 114 / ' 199..L:., to the 11L- day of (Must be posted for at least ten (10) full days date) . fi , 199$'. ore the hearing Subscribed and sworn to before me this II day of ~ 199....5:, by j(;/YI (.,olve~ WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires. My commission expires: 1~1~ t. Notar Public's Signature /)0 ~. }'j~ }d-.. Address '. . ~'~ .' . ",'."", j\~.l ~ Susan R. Gardner 20 Ajax Avenue Aspen, CO 81611 May 18, 1995 Chairman, Board of Adjustments c/o City Clerk City of Aspen 130 S. Galena St. Aspen, CO 81611 Attn: Sharon Re: George Detko Application for Fence Variance - 205 Cottonwood. Aspen Dear Sharon: I recently sent you a letter stating that I was opposed to Mr. Detko's fence being more than 6' above street grade since the type of fence he is constructing creates a blind intersection for anyone exiting Cottonwood Lane or Oak Lane. After speaking with Mr. Detko, I feel that if a stop sign were posted at the EXIT of Cottonwood (which intersects with Oak), it might help alleviate the danger of vehicles trying to "blindly" exit the trailer park through this intersection. Mr. Detko's fence does not have any spaces or gaps in its design which also is a contributing factor in making the intersection "blind". While privacy is an issue for Mr. Detko, I feel that public safety is a primary issue. Thus, while addressing Mr. Detko's request for this variance, please consider requiring Smuggler Trailer Park to post a stop sign at the Cottonwood Lane exit from the trailer park prior to granting approval of this variance application, and perhaps require Mr. Detko to redesign his fence in such a manner that would allow vehicles, bikers, joggers, pedestrians walking to the bus stop across the street from this intersection, etc., to have full or partial vision of the intersecting street (either Oak or Cottonwood, depending which street one is exiting the trailer park on). I would appreciate your attaching this letter to my previous letter (dated 5/14/95) and enter it as public record amending my opposition to the height of the fence based on the aforementioned considerations. If the Board of Aiustments will not allow either of these considerations. then I still ODDOse Mr. Detko's application for a variance to build his fence more than 6' higher than street grade. Susan R. Gardner 20 Ajax Avenue Aspen, CO 81611 May 14, 1995 Chairman, Board of Adjustments clo City Clerk City of Aspen 130 S. Galena St. Aspen, CO 81611 Attn: Sharon Re: ADDlication for Variance - 205 Cottonwood. Aspen George Detko Dear Sharon: Mr. Detko has applied for a variance to build a fence at the corner of Cottonwood and Oak Streets in the Smuggler Trailer Park which would be higher than 6 feet from street grade. This corner is a particularly busy corner. I enter and exit the trailer park on Oak Street and feel that a fence of this height would block the view of any drivers exiting the trailer park at the intersection of Oak and Cottonwood. When Mr. Detko constructed the first two sections of his fence, I immediately became concerned because I felt that the fence created a blind intersection which is not only dangerous for automobiles, but also for the many of us who ride bicycles through that intersection. As I will not be able to attend the meeting on May 18th at which time this application for a variance will be addressed, I would appreciate your entering this letter into the public record as a statement opposing the height of the fence that Mr. Detko is requesting. Thank you. /sg Historical Documents Hollywood Collectables Rock-n-RolI Memorabilia 5)13/ ~~- ~ tJ ~J ~ " /- J0 "( L'Oh... 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C, r-.. j q-::; /-.:; ~ Pi )-. j /1- LJNI c){L F"<' ..J NOTICE OF PUBLIC HEARING CASE #95-5 GEORGE DETKO 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 Cod~ of Aspen of June 25, 1962, as amended, a public hearing will be held in th~ SECOND FLOOR MEETING ROOM, City Hall, Asp~n, Colorado, (or at such other plac~ as the meeting may b~ then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provj.sions of the Zoning Ordinanc<o". Chapter 24, Official Code of Aspen. All p~rsons aff~cted by th~ propos~d varianc~ are invited to appear and state th~ir views, prot~sts or obj~ctions. If you cannot app~ar personally at such meeting, you ar~ urged to state your views by letter, particularly if you hav~ objection to such variance, as the Board of Adjustm~nt will giv~ serious consideration to the opinions of surrounding property owners and oth~rs affect~d in d~ciding wh~th~r to grant or d~ny th~ request for variance, particulars of the hearing and requested variance are as follows: Date and Time of Meetinq: Dat~: MAi 16, 1995 Tim~: 3:00 P.M. OWner for Variance: Appellant for Variance: Name: GEORGE DETKO Addr~ss: 205 COTTONWOOD LANE, ASPEN, COLORADO 81611 Location or description of property; 205 COTTONWOOD LN., LOT 205, SMUGGLER MOBILE HOME PARK SUBDIVISION PARCEL #2737-074-90-205 Variance Requested: APPLICANT IS REQUESTING A 6 FT. HIGH FENCE ABOVE NATURAL GRADE WHICH IS HIGHER THAN STREET GRADE. Will appli~~nt be represented by counsel: Y<il's: No: X J The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Sharon Carrillo, Deputy City Clerk