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NOTICE OF PUBLIC HEARING
CASE #94-11
LARRY WINNERMAN
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 obj ections. 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 Meetina:
Date: SEPTEMBER 1, 1994
Time: 4:00 P.M.
Owner for Variance:
Appellant for Variance:
Name: LARRY WINNERMAN
Address: 317 PARK AVENUE, ASPEN
JACK PALOMINO, ARCHITECT
TED GUY ASSOC.
Location or description of property:
LOT 2, UTE PARK SUBDIVISION
Variance Reauested: PROPERTY IS LOCATED IN THE AH ZONING CATEGORY. SEC
3-101 YARD A.2. (ASPEN LAND USE CODE) UNCOVERED PORCHES, SLABS, WALKS
AND STEPS WHICH DO NOT EXCEED THIRTY (30) INCHES ABOVE OR BELOW NATURAL
GRADE SHALL BE PERMITTED TO PROJECT INTO THE YARD WITHOUT RESTRICTION.
APPLICANT IS REQUESTING TO EXCEED THE 30 INCHES WITH A DRIVEWAY SLAB
AND RETAINING WALLS IN THE FRONT YARD SETBACK.
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
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CITY OF ASPEN
BOAED OF ADJUSTMENT
DEVELOPMENT APPLICATION
DATE 8' 1 19J1. CASE #
APPLICANT \.~(j:: flt/Omino. PHONE 3tJ3 7273/(,7
'eOcfore-,e. {:;rtlft. /I.soc. re..
MAILING ADDRESS ;?o.t&Jx 1040 EPJtJ/r , CO !J/621 .
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OWNER !..an:r N/l1ner#1f11/l PHONE 203 9to ./85/
MAILING ADD~SS "g/7 /1Jr/c. Ave11C1e.. , /1SJ2e11 CO 8/~//
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LOCATION OF PROPERTY !..of 2 tI~ nil'/::.. J!ttbdivlJ/P11
(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. (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.
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Applicant'. Si9natur~~
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REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY
CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE
\) l^,-,- P~SENT.fD^ TO Trq;: BOARD BY THE, ~ONING ,AEPARTMENT STAFF. '
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DATE PERMIT DENIED &A1 OFFICIAL /Jt.,~
DATE OF APPLICATION HEARING DATE ___~ ___c~
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THEODORE. K GUY AQCIATES PC
ARCHITECTS AND STRUC... :A.L ENGINEERS
August 9, 1994
Board of Adjustments
AspenlPitkin Planning Office
130 South Galena Street
Aspen, CO 81611
RE:
Winnerman Residence
Lot 2, Ute Park Subdivision
Aspen, CO
SUBJECT:
Development Application for Variance
Projection Into Front Yard Setback
Dear Board Members:
Bill Drueding has pointed out that our project is in violation of zoning regulations because the
proposed driveway and adjacent retaining walls projecting into the front yard exceed the allowable
thirty inch maximum grading cut below existing natural grade. Bill advised us a variance for this
grading will be required before he can accept drawings submitted for permit.
The private access road to the residence is more than thirty inches below grade. The grading cut to
construct this access road is six feet below existing natural grade, thereby making it impossible
for our proposed driveway to comply with current regulations for projections into front yard
setbacks. The encroachment language does not specifically mention driveways having to conform to
this maximum grading cut. In addition, retaining walls will have to be constructed within the front
yard setback to gain pedestrian access from the road and driveway to the front door of the
residence.
Due to the circumstances created by construction of this access road we are hereby requesting you
grant a variance which would permit construction of a driveway and retaining walls within the
front yard. If there are any questions regarding this request, please do not hesitate to contact me.
Jack Palomino, AlA
THEODORE K GUY ASSOCIATES PC
J P 4p
93172 L 16
23280 STATE HIGHWAY 82
P,D BOX 1640
BASALT, COLORADO 81 621
[303) 827-3167
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THEODORE. K GUY A ?CIATES ~C
ARCHITECTS AND STRUC"","...rAL ENGINEERS
August 9, 1994
Board of Adjustments
AspenlPitkin Planning Office
130 South Galena Street
Aspen, CO 81611
RE:
Winnerman Residence
Lot 2, Ute Park Subdivision
Aspen, CO
SUBJECT:
Development Application for Variance
Projection Into Front Yard Setback
LIST OF ADJACENT PROPERTY OWNERS
Property Address
Lot 1, Ute Park Subdivision
Aspen, CO
Lot 3, Ute Park Subdivision
Aspen, CO
1451 Ute Avenue
Aspen, CO 81611
1453 Ute Avenue
Aspen, CO 81611
1455 Ute Avenue
Aspen, CO 81611
1461 Ute Avenue
Aspen, CO 81611
23280 STATE HIGHWAY B2
P. D. BOX 1 640
Property Owner
Jim Martin
Ute Park Partnership
c/o Aspen Properties
215 South Monarch
Suite G101
Aspen, CO 81611
Gary & Linda Nathanson
747 Latimer Road
Santa Monica, CA 90402
Rick Head
Laura Hart
Kiki Cutter
Peter McClain
BASALT, COLORADO 81621
[303] 927-31 S7
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Project Name: Winnerman Residence
Date of Letter: August 9, 1994
Page 2
1463 Ute Avenue
Aspen, CO 81611
Claire Evert
1465 Ute Avenue
Aspen, CO 81611
Muriel Ganz
1467 Ute Avenue
Aspen, CO 81611
Gina Pogliano
J P ~p
93172 L 17
,. ',,;
County; of pitkin
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AFFIDAVIT OF NOTICE BY POSTING OF A
VARIANCE HEARING BEFORE TIm CITY OF
ASPEN BOARD OF ADJUSTMENT (Pursuant
to Section 6-205(E) (b) of the Muni-
cipal Code)
State of Colorado
The undersigned, being first duly sworn, deposes and says as
follows:
I,
Robert Okazaki
, being or
representing an Applicant before the Pitkin County Board of
Adjustment, personally certify that the attached photograph
fairly and accurately rep~esents 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
22
day of
August
19 94
-,
to the
1
day of
SePtember
19~
(Must be posted for at least ten (10) full days before the
hearing date) .
.
orn to before me
. I
ND OFFICIAL SEAL.
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