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Home My WebLink Aboutlanduse case.boa.709 W Main St.002-92 ~ '~'~'~~ ~ '\l~\ I, 'L -'- " ., 1 ...~ \ " " "' i ~ "I ~ J \ .... ~t=~ ",-;.."J '~ ~ ~ '> ~, ~~ ~~, L i~ >J\ I- :t j- ] t . '" " \ ~;i" -<.., , ..l ' -'- '>l 1 " ~~ ~'l. 1 \< ,. '> :r" , I ~ I ~ ~\If- ~ :till -Z ~ f 'r-~ :zI ~-;:: \Il(:&-~ Isi."2': ~ P A 0 E 1 5 ,- f; '" ~ -t~,'~ .::rt.3 ii ~. ":L fl ~ .~'h. cr: I- W' Q 0.: W ?- m II ::t- -~ ~, ; " '~- ':_/'~ .c,' , '1-" W;, Q;,' . 'u. 0, o a: a: w ~ o I- a: - It( 1-: m , J ; ... - " -, . ,~ , r . ,f '.... .~.. . G) " }' ~ .L .<!i~ \\ \ .;, , ~: . . '.;t~ ).I"f' ~~ :.~ '.~~' .J: -' ~: ': ':j, '. , :-';'.' . ~ t 't; . j' . I' I' l '; . . . I , + ," . c . . . .; . I I: r , " CITY OF ASPEN BOARD OF ADJUSTMENT MARCH 19. 1992 CITY COUNCIL CHAMBERS 4:00 P.M. I . MINUTES November 22, 1991 II. CASE 1/92-1 Lily Reid House ~"'~~.:w.. IV. ELECTION OF OFFICERS V. ADJOURN , ... I' " NOTICE OF PUBLIC HEARING CASE 1/92-2 FIFTH AVENUE CONDO ASSOCIATION 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 Council 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: Time: March 19, 1992 4:00 p.m. Owner for Variance: Appellant for Variance: Name: Fifth Avenue Condo Assoc. Address: 709 West Main st. J. Robert Weien Location or description of property: All of Lot 11, Part of Lot 12, Block 2, Anthony Acres Subdivision Variance Requested: Property is located in the L/TR Zoning category. The structure currently exceeds it.s allowable FAR and this is a non-conforming structure. Applicant appears to be requesting a variance to increase the FAR and non-conformity by enclosing roofs and stairways by a total of 845sqft. Chapter 24 section 5-214 (d)(2) Maximum FAR allowed (Aspen Municipal Code) Chapter 24 section 9-103 (c) (1) Non-Conforming structures (Aspen Municipal Code) 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 .-... c: CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE ~Rc \--t S- 19'1~ CASE 1/ C(J-^ APPLICANT-=:f. KO~EK\ WE\cN PHONE <1rlS' -~S T I MAILING ADDRESS lO~ WE5\' MAl N g) A-S7E N, Co g\~ I \ OWNER F\ r:n+- AVF--NUE CDNTD ASS.PHONE "1d--'5~-(S9( MAILING ADDRESS \ 1-t 1. c:;.AJTl-t (-,A-hc.N I\-- 'S\) AS?!: N/()g\~1 LOCATION OF PROPERTY b\..l ()P L6\ \ ~ ?f\\.[\w>\ \ ~J '6k'L (stree~~oc NuJllb~roanq,., L : fiumber) N AN l\ lvNY r>t-c f'too,:::::' /';)U \3.DIV\S\O 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. Pi ITPTC \-t c}) /",\ \:, 'o) (. -+( , Applicant's signature '\''-., \:~\ 'oj\. / Q~ =:::-~~~--~::=-::-~~~:,~~~-~:niJi-~,\-=::-~~--::-:~:-::: CODE, CHAPrER 24. AN OPINION CON G THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEP TMENT STAFF. Property is located in the L/TR Zoning catagory. The structure currently exceeds it's allowable Floor Area Ratio and this is a non-conforming structure. Applicant ap~s to be requesting a variance to increase the Floor Are Ratio_ and non-conformity by enclosing roofs and stairways by a total of 845 square feet. Chapter 24 Section 5-214 (d)(2) Maximum Floor Area allowed (Aspen Municipal Code) Chapter 24 Section 9-10 DATE PERMIT DENIED ", DATE OF APPLICATION (1) Non-conformi#struc~es (Aspen Muni Cod OFFICIAL ~<~ ~ ?--- HEARING DATE ~ (J~J - ~ 'f '-1...__ \, r"'..... /"" l,-, FIFTH A VENUE REFURBISHMENT 747 SOUTH GALENA STREET ASPBN. CO 81611 "ar"h ()") 19(\' ..1 ....1 0,..1. .... .\spen Board of Adjustment City of Aspen. CO 81611 130 South Galena Street ,\spen. Co 81611 Dear Board Me mbers: The Fifth Avenue Homeowner S :\ssoclat1On JS In tlle process oj trvlng to rectify some long-standing safety and maintenance problems at the Fifth ,,,"venue, The last of the Fifth Avenues four buildings was completed and lawfully established in 1968, prior to the adoption of the current land use regulation5. As such. it is presently built-out in excess of currently permitted floor areas, It therefore becomes necessary to appeal to the Board as reqUired bv Sec, 9-102 C. 1, of the Land Use regulatIOns, City of Aspen, for added roof areas to facilitate these much-needed corrections, Soecificallv this request includes the followim~: j I J 585 sf total of new, added roofs over the eXisting five open stairwells, ,; 2 J 100 sIal' new 1'001 over the eXisting walkway and l1alconv to the West of Bullding D / 3' 60 sf total roof extension area on buildings A and B .I 4/ 20 sf added roof area for enclosed exteflor roof down drains, X 0;; 80 sf roof area for a balcony extension and directory in front of Building D, The location and extent of these roof extension requests are shown on the architectural drawings included with this appeal. The present situation necessltatinl! this request is as follows: ]! The live malor and one llllnOr stajf').o'ells are presentlv uncovered at the roof line. As such, in the winter lllonths snow falls onto the top landing. remains and is walked into the walkway, forming an icy and hazardous surface, Also. melting snow and water from the roof above and adjacent to ""....... . r' ,.... IJJth aye [1,\ pg 2 the landing drips onto the walking surface and freezes, again C;luSlng a hazardous situation, 2) The present roof outline allows snow, drIpping water and icefalls to Impact the walkways below, endangering those who use these eXits, 3' The present roof outline also permits water to enter the bUilding structure due to poor roof drainage, leading to the present building deterIOratIOn the applicant IS attempting to resolve, 4 J The homeowners have tried several other approaches to rectify these problems, Heat tapes were added in every area possible, but were often pulled from the eaves by the falling snow and ice, leaving behind a potentially hazardous electrical situation, The management company has been diligent In early removal of falling snow and tracked-In ICe, but due to the manv shaded areas, large expanse of walkways and the continual drIp of water onto the decks and stairs, this has not been totallv effective, 5' The last Inlurv aCCIdent reported on the stalrwavs occurred two seasons ago and the homeowners are concerned that others Olav follow if this hazard IS not reduced, While the ASSOCiatIOn membership has had minor differences of opinion involving other areas of the proposed work being done, all owners are adamant about correcting these existing life-safety problems In the best way pOSSible Ihe vroposal would rectify these Dresent daneerous situations by: I J Covering the existing open stairways, Z) \Hnor roof extensions which would correct deficient drainage patterns, 3) The installation of enclosed, heated roof drains, allowing the safe removal of the snow melt to a drainage system at ground level. Our reasonine for this reouest. Dursuant to Chapter 24 of the ASDen City Code. Sec. 10-104 is as follows; Ii The granting of this request is generally consistent with the Aspen Area Comprehensive Plan and specifically Chapter 24, Sec, ] -] 03 which addresses the issues of public health, safety and welfare, 2' The request is for the minimal roof additions possible to fulfill the objective of redirecting and preventing water and ice build-up on the walkwavs and stairs, 3 i The granting of this request will allow the applicant. guests and lodge emplovees a more reasonable and safer use of the buildll1g, The present lluildup of snow and ice on the walkways, landings and stairs will be greatly diminished, lessening the likelihood of a slip or fall by those using the building, Its worthwhile to note that approximately one half of the injury accidents involving buildings occur on stairways, . /',........ ~, ......., fIfth aYe B A pg ,; 4) The requested roof additions are at the minimal height consistent 'J.'lth the existing adjacent roof$, 5' .-\ literal interpretation of the land u~e code \vould deprIve the applicant of a ~afe and reasonable use of the applicant s propertv and would deprIve the applicant of a freedom from sImIlar hazards enJoved bv the surrounding buildings and occupants, The granting of the requested variance from these requIrements will not gIVe the apphcant an\' specIal prIvileges not en\oved by the surrounding properties, (',) The present hardship exists from a desIgn produced bv the architect and builder in 1969; the applicant is attempting to overcome the effects of this poor design feature, which the applicant did not create, 71 There IS no Increase In livable or useable area, nor Increase m bUIlding footprint, No storage or outsIde hVlng space IS created, ,-\s such, the applicant will realize no economic gam, on Iv the Improvement m building salet\' ' 8) The requested variance will allow the apphcant to better protect and preserve the property, which is suffering the effects of mIs-directed snow melt and water. <:), The proposed variance will have no adverse effects on the surrounding propertIes or VIews, The proposed roots are to be added along the eXlSlmg flat roof lines and will have mmlmal visual Impact to surroundmg propertles and the City of Aspen in general. Conclusion Architectural drawings and details showing the proposed work have been supplied as part of this application, .-\150 photographs taken over the past wmters Will be shown at the Board meetlng 50 that the eXlSlmg hazards and problems can be appreCiated and reViewed The Fifth Avenue Condommlums have long been a part 01 the Aspen skyline, located as they are at the very base of Aspen Mountain, The granting of this request will permit their continued use with a dramatic improvement in safety.. spe~'u, subn Itt J. R er~ien Repr .entlng the Fifth Avenue Homeo 'ner s Association AFFIDAVIT OF NOTICE BY POSTING OF A VARIANCE HEARING BEFORE THE CITY OF ASPEN BOARD ,OF ADJUSTMENT The undersigned being first duly sworn, deposes and says as follows: Pursuant to Section 2-22(c) of the Aspen Municipal Code, I, --::s-'. Ro~ERT \NE.\EN , being or representing an Applicant before the City of Aspen Board of Adjustment, Personally certify that the attached photograph fai r ly and accurately represents the sign posted as the Notice of the variance hearing on this matter in a conspicuous place on the subject project (as it could be seen from the nearest public way) and tha.,t-dhe said sign was posted and visible continuously from the '-;-'-, daL of ~~ ' 19i'?1 to the _ day of- ?Q\::.::,F-N \'>LI'€E.l9 . (Must be posted for at least ten (lO) full days before the hearing date). I I , r~ Count of Pitkin State of Colorado Subscribed me this ~ sworn to before ~day of 197'fl. by WITNESS MY HAND AND OFFICIAL SEAL My Commission expires ..~.,.,"".. tJ:lpfMa QiY,M ~ Nolt'ary Public (lt4/ np' Addr. ss (, AFFIDAVIT OF MAILING I have complied with the notice requirements of section 6- 205 (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 proper;r within three hundred (300) feet of the subject property on -:, ,~' -QJ... . . STATE OF COLORADO ) ) SS ) COUNTY OF PITKIN q~e foregoin~~~fid~vit of mailing was signed before me this I ~ _ day of m<1~, /tj1~. , ' WITNESS my hand and official seal. My commission expires: "'~expIrlls9l27192. Qt:://~lVJ' (I;y/Jwr /- --'. '--- NOTICE OF PUBLIC HEARING CASE 1/92-2 FIFTH AVENUE CONDO ASSOCIATION 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 Council 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: Time: March 19, 1992 4:00 p.m. Owner for Variance: Appellant for Variance: Name: Fifth Avenue Condo Assoc. Address: 709 West Main st. J. Robert Weien Location or description of property: All of Lot 11, Part of Lot 12, Block 2, Anthony Acres Subdivision Variance Requested: property is located in the L/TR zoning category. The structure currently exceeds it.s allowable FAR and this is a non-conforming structure. Applicant appears to be requesting a variance to increase the FAR and non-conformity by enclosing roofs and stairways by a total of 845sqft. Chapter 24 Section 5-214 (d) (2) Maximum FAR allowed (Aspen Municipal Code) Chapter 24 Section 9-103 (c) (1) Non-conforming structures (Aspen Municipal Code) 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