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Home My WebLink Aboutlanduse case.boa.202 W Francis St.016-94 """ CITY OF ASPEN BOARD OF ADJUSTMENT DECEMBER 15. 1994 4:00 P.M. SECOND FLOOR MEETING ROOM AGE N D A I. CALL TO ORDER ROLL CALL II. CASE #94-16 TOM & NOEL CONGDON III. MINUTES NOVEMBER 17. 1994 IV. ADJOURN , I I - NOTICE OF PUBLIC HEARING CASE #94-16 TOM & NOEL CONGDON 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: DECEMBER 15, 1994 Time: 4:00 p.m. Owner for Variance: Appellant for Variance: Name: TOM & NOEL CONGDON Address: 1300 EAST 7TH AVE DENVER, COLO. 80218 GRETCHEN GREENWOOD, ARCH. Location or description of property: 202 WEST FRANCIS, LOTS R & S, BLOCK 48 Variance Reauested: PROPERTY IS LOCATED IN THE R-60 ZONING CATEGORY. SEC. 8 5 - 2 0 1 (4). FRONT YARD REQUIRED SETBACKS ARE 10 FEET, TOTAL OF 30 FEET. SEC.5-20l(5). SIDE YARD SETBACK IS 5 FEET MINIMUM, TOTAL 15 FEET. SEC 5-201(6) MINIMUM SITE COVERAGE IS 40% OR 2,400 SQUARE FEET. PARKING REQUIRED IS 1 SPACE PER BEDROOM. APPLICANT APPEARS TO BE REQUESTING THE FOLLOWING VARIANCES: (SEE ATTACHED) will applicant be represented bv counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk '"""" 1. A VARIATION ON THE SITE COVERAGE REQUIREMENT OF 40% BY 10% TO A TOTAL SITE COVERAGE OF 50% OR 3,000 SQUARE FEET. 2. A VARIATION ON THE TOTAL FRONT AND REAR YARD SETBACK REQUIREMENT AT THE REAR PROPERTY LINE FOR THE FOLLOWING DIMENSIONS: A. 8'-6" FOR A DISTANCE OF 10 FEET AT THE REAR PROPERTY LINE, AND 4' -0" FOR A DISTANCE OF 19 FEET AT THE REAR PROPERTY LINE. 3. A VARIATION ON THE TOTAL REQUIREMENT FOR SIDE YARD SETBACK AT THE EAST PROPERTY LINE AT THE STABLE, FOR THE FOLLOWING DIMENSION: A. 10'-0" FOR A DISTANCE OF 7'-0" ALONG THE EAST PROPERTY LINE AT THE STABLE. 4: A VARIATION OF ONE (1) PARKING SPACE ON THE OFF-STREET PARKING REQUIREMENTS. , tJlI/l1C/ 5 rtr- tJ/dcAVJ tj/t'e /I aA. . . f~5. t/-5o;}.. CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE A!Ot!ehlfJc/? /5" 19 fy CASE # APPLICANT 7tJ/J1 /IIOe,- e()/l/wRPN PHONE !3f/J/' 8P/o MAILING ADDRESS /MP EIl;,T 7Tlf ;tYE. OYvJ/BZ; CtJ. tJ/J;./8 OWNER 7lJhJ I NOU 69J11ld>ON PHONE LJ~ MAILING ADDRESS ~~ LOCATION OF PROPERTY cZ~;' t(I.1K11AI t/.1 Ltl/?,e I S j3i.0 c.t t6 ~~ (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. >ee- k/!?tt-#tl Applicant's signature ---------------------------------------- ------------------------ REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAP1'ER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE PRESE~D TO ~ BO~ BY THE ZONING DEPARTMENT STAFF. ". _ ~~. Vl. Jlo" cRQ.Jl "- "'^' It - ~ '" -~(,o.J1't:''''7' ""'-" of. L 0 \ '" J "f~"\cvJ2 JUq~ ~r b~ ovu...IO <;t-~~ c-t.~.Svc- >-201(S-) SW")C1fi& sJ~1. ~ S f{ -#tVm..--/+cr=f--v-G. ~~+<+G 1;-2-0 I(C)~ >:1<- U1K/l~ 0 W>~ (J\J </UJ'f- Fr i!tftUCM'''/- ~ ~ ~cvzo fc) ~ ~""-'?lN-, 'Hv-{.id.w~ V~ T DATE PERMIT DENIED II! If I( OFFICIAL DATW_ oy APPLICATION I/Ic.fq'l HEARING DATE ~a;v~~ 0 I '5!1~ ~ k~ IJrnnlARY OF VAB:IUlCE REOUESTS FOR 202 W. FRANCIS ERAGE REQUIREHENTOF ..0% BY~ TO 1. A VARIATION ~~"TG~E o:I~~%C~i 3,000 SQUARE FEET. \.~ A TOTAL SITE CO...."" AND REAR YARD SETBACK 2. A VARIATION ON THE T~i~;~~~INE FOR THE FOLLOWING REQUIREMENT AT THE REAR DIMENSIONS: A DISTANCE OF 10 FEET AT TllE REAR PROPERTY A. 8' -6" FOR ., 0" FOR A DISTANCE 01' 19 FEET AT THE LINE, AND . - REAR PROPERTY LINE. ENT FOR SIDE yARD SETBACK AT 3. A VARIATION ON THE TOTT~ER:~:~~ FOR THE FOLLOWING THE EAST PROPERTY LINE A ' DIMENSION: A DIST"wrCE 01' 7'-0" ALONG THE EAST A 10' -0" FOR .... A VARIA:I~~O~~~~L~~ ~'ia::GS;:~~. ON THE 01'1' STREET ... pARKING REQUIREMENTS. ~ GRETCHEN GREENWOOD & ASSOCIATES, INC. ARCHITECTURE' INTERIOR DESIGN. PLANNING November 15,1994 Mr. Bill Drueding Aspen/pitkin county Building Department Dear Bill: I am sUbmitting an application on behalf of Tom and Noel congdon for a Board of Adjustment hearing for zoning variances for 202 W. Francis st. I have outlined the development proposal as well as the variances we are requesting in the enclosed application. This development proposal will be reviewed by the Historic Preservation Commission prior to the review by the Board of Adjustments. I have included 9 copi7s of this application and the requested information that 1S outlined in the application package. We would like to request a meeting date for Thursday, December 15th, as early in the day, as is possible for the Board. I will contact the city Clerk as well to see about scheduling this meeting at that time. Please direct any questions and/or comment you may have to me at 925-4502. Sincerely ~ 520 WALNUT STREET' ASPEN,COLORAOO S1611 . TEL; 3031925.4502' FAX: 3031925.7490 CONGDON RESIDENCE ZONING ANALYSIS EXISTING, PROPOSED AND ALLOWABLE ZONING REQUIREMENTS (Per Aspen Land Use Regulations) ADDRESS: 202 W. FRANCIS LOT SIZE: 6000 SQ.FT. ZONE DISTRICT: R-6 MEDIUM DENSITY RESIDENTIAL EXISTING PROPOSED ALLOWABLE BEDROOMS 4 3 N/A ACCESSORY DWELLING UNIT o 1 1 PARKING 1 2 3 FLOOR AREA SO. FT. 3,478 3,240 3,240 PERCENT OF SITE COVERAGE 56% 49% 40% SITE COVERAGE SO. FT. 3,350 2,950 2,400 SIDE YARD SETBACK MINIMUM FT. VARIES TOTAL FT. VARIES SEE VARIANCE REQUEST 6.66 15 FRONT , REAR MINIMUM FT. TOTAL FT. YARD SETBACK 10 VARIES SEE VARIANCE REQUEST 10 30 HEIGHT FT. ABOVE GRADE VARIES TO 20FT. VARIES TO 20 FT. 25 FT. PROPOSED VARIANCES FOR 202 W. FRANCIS ST Description of Development Proposal The development at 202 W. Francis includes a new addition and the restoration of a victorian miner's cabin and stable that was built on the property in the late 1800's. Currently, the historic miner's cabin and stable buildings are not recognizable due to additions that were added to the old buildings in the early 1970's. At that time of construction, there was no review process that encouraged the restoration and delineation of an historic building to a newer addition. In this development, we propose to expose the old miner's cabin and stable to its historic roots, both inside and outside the buildings. This will be accomplished by removing the non historic additions from the original historic buildings and by rebuilding a new addition between these two old structures, that does not compete or swallow up the old buildings. The proposed new addition will be a distinctly different architectural style from the victorian style of the miner's cabin and stable. The result will be a strong distinction between what is old and what is new. The miner's cabin, which sits at the western side of the property will remain in its historical location. It will also retain its historic height. The stable which sits at the north east corner of the property currently sits outside the property line. The stable will also remain in that existing historical location and retain its historical height. A concrete slab on the existing grade is the current foundation system for the stable. Therefore, it is impossible to relocate the building. The building will be remodelled in its existing location. It is the intention of our overall design to accomplish two goals. The first is not to allow the addition that is added on to the rear, to swallow up the miner's cabin. We have purposely designed the addition to the north of the miner's cabin, to prevent any construction from being built on top of the old roof. The second goal is not to create a tall house, that would be considered a "monster house". We have purposely kept the new roof height to the same roof height as the stable, in order to maintain a small scale presence from the street. cont. Page 2 The result of this development plan will be a 3 bedroom house, one car garage, carport and 1 studio accessory dwelling unit (A.D.U.). The following drawings are attached for your review: 1. Existing Survey of site: Including Areas to be demolished. 2. Existing South and East Elevation 3. Existing North and West Elevation 4. Existing Main Level Floor Plan 5. Proposed site Plan: Illustrating the requested Setback variances. 6. Proposed South Elevation 7. Proposed East Elevation 8. Proposed North Elevation 9. Proposed West Elevation 10. Proposed Main Level Floor Plan 11. Proposed Upper Level Floor Plan 12. Proposed 1/4" Scale studio Accessory Dwelling unit 13. An 1/8" architectural model will be presented at the HPC meeting. In order to develop this property without losing the historical identity and importance of the miner's cabin and stable, the following variances are requested. VARIANCES REOUESTED 1. VARIANCE OF 9% ON ALLOWABLE SITE COVERAGE TO 49% TOTAL Percent of Allowable site Coveraqe: 40% or 2,400 sq. ft. Percent of Existinq site Coveraqe: 56% or 3,350 sq. ft. Percent of Proposed site Coveraqe: 49% or 2,950 sq. ft. cont. Page 3 The hardship justification for granting this variance is due to the existing historic buildings on the property. This proposal specifically preserves the buildings in their entirety, including the roofs and overhangs of the old miner's cabin and stable. There is no construction proposed for the top of these existing buildings. The roof of the old miner's cabin is only 15 feet above grade, which could allow for a significant addition on top of this structure. The proliferation of huge additions on top of these modest miner's cabins in the West End, are not only out of scale, but the history and architectural significance of the miner's buildings are removed forever. By allowing a 10% variance on the allowable site coverage, the miner's cabin can be preserved as well as the stable, and the architectural heritage of this West End property can be maintained. In addition, this property as existing, has a total site coverage of 3,350 square feet. This development proposal will reduce that number by 400 square feet. Because this property sits on a corner, the site coverage impact is minimal. There is another 19 feet of lawn from the property line to both the paved areas of First street and Francis street. The preservation methods supported by the Historic Preservation commission and this application, supports minimal demolition to old buildings, when new additions are built on to these structures. By allowing the site coverage variance, there is no need to have to add on top of these old buildings and they will be able to be preserved. This proposal improves the existing site coverage condition and the historic integrity of the miner's cabin and stable, as well as the architectural heritage of the West End. cont. Page 4 2. VARIATION ON THE TOTAL FRONT AND REAR YARD SETBACK REQUIREMENT Allowable Total Front and Rear Yard Setback: 30 feet with a minimum requirement of 10 feet. Existinq Total Front and Rear Yard Setback: The existing total front and rear yard setbacks are non conforming. The dimensions vary from a total of 24 feet to 11'-6". Proposed Total Front and Rear Yard Setback: The proposed variance request is the following: A variation of 8'-6" on the total front and rear yard requirement for a distance of 10 feet; a variation of 4'-0" on the total front and rear yard requirement for a distance of 18'- 6" for the rear property line. These dimensions are illustrated on the drawing labelled site Plan, Exhibit B. The hardship justification for granting this variance is due to the fact that the old miner's cabin has always been historically located in its present position on the property. This location will be preserved as part of the historic restoration of this proposal. The miner's cabin has always been located from 11'-6" to 16'-0" from the south property line. The 52'-0" length of the cabin makes it impossible to move the building on top of a new foundation, therefore the building will remain where it is, and a new foundation will be built underneath it. As has been outlined in this proposal, the new addition will be built to the north of the miner's cabin and will not encroach on the old miner's cabin. The new addition meets the rear yard minimum requirement of 10 feet. The stable will not be relocated within the property line, as the building sits on a concrete structural slab foundation. This proposal calls for the demolition of a building that is presently attached to the stable. This non historic building will be removed, thus reducing the non conformity and encroachment of part of the building. No setback variances are requested for this part of the building, as the building will be remodelled in its existing location. cont. Page 5 3. VARIATION ON THE TOTAL SIDE YARD SETBACK REQUIREMENT Allowable Side Yard reauirement: Minimum side yard requirement is 5'-0" and 6.66"(for a corner lot at the side yard). Total requirement of both side yards is 15 feet. Existina property 0'-0". side Yard reauirement: line is 9" to 4'-0". side yard along west Side yard at the stable is Proposed Side Yard variation: The variation is as follows: A Total Side Yard setback variation of 10'-0" on the total Side Yard setback requirement, for a distance of 7'-0" at the east property line at the stable building. These dimensions are on the drawings labelled site Plan, Exhibit B. The hardship justification for granting this variance to the historical location of the stable on the property. stable has maintained its position on the northeast corner property since it was built. No side yard setback is being requested for the west setback at the miner's cabin, because the building is not being moved or changed from its original location. In addition, no side yard setback is being requested for the portion of the stable that sits on the east property line for a distance of 10 feet, because the building is remaining in an existing location. is due The of the cont. Page 6 4. VARIATION ON THE OFF STREET PARKING REQUIREMENTS Allowable Off street Parkinq requirement: 1 per bedroom Existinq Off street Parkinq: Total number of existing bedrooms are 4. Total existing parking spaces is 1. ProDosed Off street parkinq: Total number of proposed bedrooms is 3. Total proposed parking spaces is 2. A variation of 1 space is requested. The hardship justification for granting this variation on the parking requirement is again due to the preservation of the historic quality of the property. The property originally had an east lawn. Through the removal of the non historic additions on the old structures, the historic lawn will be restored. It is encouraged by the Aspen zplanning Department that garages and carports be accessed off the alley. This proposal concentrates the parking to alley at the rear of the property, where the garage and carport are being developed. In order to meet the parking requirement, parking would have to be developed on the east historic lawn, and this would destroy the historical integrity of a corner lawn for the historic residence as well as for the West End neighborhood. The off street parking provided in this proposal is increased from the present number of one parking space to a total of two spaces. In addition, the need for more parking at this property is less because it is a corner lot. SUHKARY OF VARIANCE REOUESTS FOR 202 W. FRANCIS 1. A VARIATION ON THE SITE COVERAGE REQUIREMENT OF 40% BY 7% TO A TOTAL SITE COVERAGE OF 50% OR 3,000 SQUARE FEET. 2. 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I, - ',.,...- c ~ ~ ~ '\ 00 'Z. .r:.. ~~,-~-----_.._- ____n_ ___________ DDDCI I~CJCJEJ ~= ~"'. ------.. -.-----------..------- - -._--------~-- --'- ------.----- ----- ----- ---- - -----... --'---' ---- . ---- - - . --- '! i ,: I I 'Jh c,..1 ?N-"~:Ld X t\ ~ z.. t ~ ~ tL I::l ~ = ~ I::l -. ~ :.~ m 1$:\ > S" ~ ~ 'J1 m \S: [ \L - ,... "- ~ j ~ ~ "'>lllIl'" - - ....... 10.... :::T -- ~ D.. ~ - ~ = - . . ,..-.,-,,-,~~"~~..~. ------- ,~_ c ~ ~ ~ 'SL_ ~ ~ ~ -' \L- \\ \-= -T Z~ :::J ~ ~t ~ 2 ~\t.: h.. ~. ~~ ~~ , county of Pitkin > > ss. state of Colorado > AFFIDAVIT OF NOTICE BY PUBLIC MAILING FOR A PITKIN COUNTY DEVELOPMENT PERMIT The undersigned, being first duly sworn, deposes and says as follows: I, C;;!dutuc OJ'CClLwoocf) being or representing an Applicant for a pitkin county Development permit, personally certify that a public mailing to all landowners within a 300 foot radius of the subject property,15 days prior to the hearing. Subs~r~bed and sworn to before me thisl.:f:...- day of 0tCJl/l"\~' 19'i::J: WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: ..1ihJ ~ I \ 't'i & County of Pitkin } } } State of Colorado SSe AFPIDAVIT OP NOTICE BY POSTING OP A PUBLIC HEARING POR A PITKIN COUNTY DEVELOPMENT PERMIT The undersigned, being first duly sworn, deposes and says as follows: I, ~,een;tiBN ~NWop.t:> being or representing an Applicant for a Pitkin County Development Permit, personally certify that the attached photograph fairly and accurately represents the sign posted as notice of the public 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 sign was posted and visible continuously from the .3,,""" day of NJ)/~mA:::7( , lrfli: to the IS-t1? day of Peu::"l)t~er , 19'1" (Must be posted for at least 15 days before the public hearing) . AP~t'rUJ2 SUbSC]k' be, d and ~orn this day of .J...k by AQQ..N\ WITNESS MY HAND AND OFFICIAL SEAL. My commission expires :Yfl~ ci L2L't ~ I o before IIl~ , 193...1' t<., h G. Address ~\ ~ Signature ,~ CC'l 'isL~LI ,- , CONGDON RESIDENCE MAXLXNG LIST FOR PUBLIC NOTICE 2735-124-22-003 George Vincenzi P.O. Box 2238 Aspen, CO 81612 James P. Griffith 3417 Milam Ave, Suo A Houston, TX 77002 2735-124-22-002 2735-124-22-001 Esther DeVos P.O. Box 3238 Aspen, CO 81612 2735-124-22-005 Beryl Erickson P.O. Box 1207 Aspen, CO 81612 2735-124-22-004 Felecia Lee 302 N. 2nd Aspen, CO 81611 Quentin Vider 234 W. Francis street Aspen, CO 81611 2735-124-17-003 2735-124-17-004 Maurice Tobin Dorette Fleischman 1850 K st. N.W. suite 380 Washington D.C. 20006 2735-124-17-005 Joan Tobin 1850 K st. N.W. suite 380 Washington D.C. 20006 2735-124-17-031 2735-124-17-009 Karl and 990 Lake chicago, Joan Zeisler Shore Drive Illinois 60611 2735-124-17-032 Andrew J. Box 465 Aspen, CO Frishman Trust 81612 2735-124-17-007 Paul Barnhart 2121 Sage Road Houston TX 77056 CONGDON - PG. 2 2735-124-17-008 Maurice Nessen c/o 919 3rd Avenue New York, NY 10022 2735-124-74-100 City of Aspen 130 S. Galena street Aspen, CO 81611 2735-124-15-003 Cathrine Conover 1666 Connecticut Ave. N.W. suite 300 Washington D.C. 20009 2735-124-15-002 Charles and June Gates 990 S. Broadway Denver, CO 80217 2735-124-14-003 Thomas Figge c/o carriage House Roberts Avenue Davenport IA 52803 Betty B. Nicola Nancy N. Lubchenco 621 17th street #1215 Denver, CO 80293 2735-124-14-002 2735-124-14-001 2735-124-13-009 James and Jaqueline McMahan 2 Oakmont Dr. Los Angeles, CA 90049 2735-124-14-004 Robert and Judy Allen 4545 Post Oak Place #251 Houston, TX 77027 2735-124-14-005 Ellen Kohner P.O. Box 8691 Aspen, CO 81612 2735-124-14-020 William Greenwood P.O. Box 4778 Aspen, CO 81612 Joseph and Lillian McCoy 415 E. Hyman #306 Aspen, CO 81611 2735-124-15-001 2735-124-95-001 Robson and Carolyn Walton 125 W. Central Ave. #218 Bentonville AR 72712 CONGDON - PG. 3 2735-124-95-002 stewart and Emily Wright 111 Sierra vista Redlands CA 92373 2735-124-23-001 Helmut and Brunhilde Schloffer P.O. Box 941 Aspen, CO 81612 2735-124-23-002 Merrill Ford 323 W. Francis Aspen, CO 81611 2735-124-23-003 Brian and Pati Eberstein 6561 Cliffbrook Dallas TX 75270 2735-124-23-004 Joel Sax 303 W. Francis st. Aspen, CO 81611 2735-124-23-005 Frank Peters Maria Chaikovska P.O. Box 9698 Aspen, CO 81612 2735-124-23-006 Josef and Margarete Lehl P.O. Box 122 Aspen, CO 81612 Leslie Rudd 5009 Shoal Creek Road Las Vegas NV 89113 2735-124-23-007