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Home My WebLink Aboutlanduse case.boa.850RoaringFork.004-92 I' .-'." CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE 'March 10 19B- CASE # Q'2-f APPLICANT Owners, by and throuqh their PHONE (1031 'l2'i-777fi Architect, Warren Palmer MAILING ADDRESS 406.Aspp.n Airport Bnsinp.ss Cp.nrp.r, A"ppn, CO OWNER James A. Merriam. Gail Anaotti Merriam, PHONE (415) 435-2693 and Joan Merriam Crete MAILING ADDRESS 1884 Mountain view Drive. Tiburon. CA 94920 LOCATION OF PROPERTY 850 Roarinq Fork Rd., Aspen, CO (Lot 1 Subdivision Exce~tion Plat for Merriam (street Block Number and Lot Number) Subd~vision - Book 25, Page 39 '.. . , 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 Explanation Attached Applicant's signaturel ------------------------------------- -------------------------- REASONS FOR DENIAL OF BUILDING PERK , BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONC ING TIllS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF. DATE PERMIT DENIED OFFICIAL DATE OF APPLICATION HEARING DATE ~ r" " CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION FOR 8.42 FOOT VARIANCE INTO FRONT YARD SETBACK AT 850 ROARING FORK ROAD, ASPEN, COLORADO The subject property is located in the R-15 Zone, which has a 25 foot front yard setback (Land Use Code Section 5-202 D.4). Applicants are requesting a variance of approximately 8.42 feet into the front yard setback for purposes of constructing a garage addition. Applicants submit that a deviation from the front yard setback requirement would not be contrary to the public interest, but rather would promote the public interest due to the special circumstances presented by the subj ect property. Appl icants submit that the literal enforcement of the setback requirements, in view of existing circumstances, would result in undue and unnecessary hardship for the following reasons: 1. As shown on Enclosure "1", a variance is sought to build a one-story garage addition to the front of the house currently located on the property 8.42 feet into the front yard setback. visibility of the garage addition would be blocked from the road by very tall spruce trees, as appears in the photographs annexed as Enclosure "2". The location of the garage addition in front of the existing house encroaching only slightly into the setback would be consistent with the following objectives of the zoning regulations: (1) to preserve the historical quality of existing structures; (2) to preserve Hallam Lake from encroachment of building as is the intent of the Hallam Lake Bluff Environmentally Sensitive Area Overlay (Ordinance No. 71, Series of 1990), attached as Enclosure "3"; and (3) to preserve existing natural vegetation and open space. Further, allowing the variance will also preserve the house's solar energy attributes. 2. As appears from the magazine article attached hereto as Enclosure "4", the existing house was constructed in or about 1948, prior to the enactment of the zoning code in or about 1975. The house is located in the northwest corner of the property. Large spruce trees provide privacy and shade on the western boundary. Solar gain is achieved from exposure to the south side and is maximized. The Applicants desire to expand the house to meet present demands, while keeping the design in conformity with its character, significance, and surrounding areas. The grant of the variance will be generally consistent with the above-stated purposes, goals, Objectives, and policies of the . " , Aspen Area Comprehensive Plan and the Land Use Code. Further, granting the variance would accomplish Goal 14 of the City Council Goals which encourages fair and consistent treatment in governmental processes. Goal 5 would be achieved concerning sensitivity to nature, animals, and each other. Goal 10 would be achieved in helping to preserve traditional character, including open space. The requested variance is the minimum variance that will make possible the reasonable use of the existing structure. The neighborhood has other structures in relative close proximity to the road; and the literal interpretation and enforcement of the terms and provisions would deprive the Applicants of rights commonly enjoyed by other parcels in the same zone district, and would cause the Applicants unnecessary hardship or practical difficulty, inasmuch as the present location of the house makes it difficult to maintain the current design and historical character, preserve open space to the maximum, and not encroach into the Hallam Lake Bluff Area Environmentally Sensitive Area. Rather, the proposed addition is sensitive to all of these concerns. Therefore, it is felt that there are special conditions and circumstances which are unique to this parcel and structure, which are not applicable to other parcels or structures in the same zone district. Finally, granting of the variance will not confer upon the Applicants any special permits denied by the Aspen Area Comprehensive Plan and the terms of the Land Use Code to other parcels buildings or structures in the same zone district. p\ms\merriam.boa 2 ,,-"...... TADDUNE, HAZEN & GUEST ATroRNEYS AT LAW ALPINE BANK BUII.DING 600 EAST HOI'KINS, SUITE 301 ASI'EN, OJLORADO 81611 PAUL J. TADDUNE, Pc. ERIN E HAZEN. Pc. WILLIAM K. GUEST, Pc. TF.I.El'1l0NE (303) 925-9190 I:AcsIMILF. (303) 925-9199 JULIE FEIGELE..'i March 11, 1992 VIA HAND DELIVERY city of Aspen Board of Adjustment c/o Bill Drueding Aspen/Pitkin planning Department 130 South Galena Street Aspen, Colorado 81611 RE: 850 Roaring Fork Road Request for Variance: 8.42 Feet into Front Yard Setback Dear Members of the Board of Adjustment: Enclosed on behalf of James A. Merriam, Gail Angotti Merriam and Joan Merriam Crete, owners of Lot 1, Merriam Subdivision, located at 850 Roaring Fork Road, please find the following: 1. original and eight (8) copies of a development application for a variance permitting a one-story garage addition to the front of the house currently located on the property 8.42 feet into the front yard setback. Bill Drueding indicated his denial on March 10, 1992. 2. Nine (9) copies of the following enclosures which are attached to the application: Plans for the Merriam Residence Addition, prepared by Warren L. Palmer, Architect (Enclosure "1"); photographs (Enclosure "2"); ordinance No. 71 (Series of 1990), creating Hallam Lake Bluff Environmentally Sensitive Area Overlay (Enclosure "3"); and article from Aspen Magazine discussing the subject structure (Enclosure "4"). 3. A list of property owners within a 300 foot radius. 4. Application fee of $50.00, payable to the Aspen/Pitkin Planning Office. Based on discussions with Bill Drueding, I understand that the anticipated hearing date and time will be Thursday, March 26, 1992, at 4:00 p.m. Assuming this date will be confirmed, please " r~ '\... ,/ city of Aspen Board of Adjustment March 11, 1992 Page 2 provide us with a form Notice of Hearing to be posted on the subject property. Thank you in advance for your attention to this matter. Very truly yours, TADDUNE, HAZEN & GUEST -D~ -- ) Paul J. Taddune PJT:km Enclosure cc: Mr. and Mrs. Alec Merriam Warren Palmer p\lt\merriam.var PROJECT DATA PROJECT: A ONE BEDROOM, ONE BATH AND TWO STALL GARAGE ADDITION TO AN EXISllNG RESIDENCE, LOCATED AT #/850 ROARING FORK ROAD. SITE: LOT #1 MERRIAM SUBDIVISION TO THE CITY OF ASPEN, COLO. VARIANCE: A VARIANCE HAS BEEN REQUESTED FOR AN 8.42 FT. ENCROACHMENT OF THE PROPOSED GARAGE, INTO THE 25 FT. FRONT YARD SETBACK. SEE SHT. A2. VARIANCE GRANTED: DATE: ZONING: R15, CITY OF ASPEN, CO. WITH SPECIAL MORE RESTRICTIVE REQUIREMENTS FOR THE" HALLAM LAKE BLUFF (ESA) ENVIRONMENTALLY SENSITIVE AREA OVERLAY AND DEVELOPMENT REVIEW STANDARDS", AMENDING CHAPTER 24 OF THE CITY CODE, DATED 5/25/88. 15000SF. 92539SF. (SEE SURVEY) MIN. LOT AREA: ACT. LOT AREA: MIN. LOT AREA PER DWELLING: 15000SF. ACT. LOT AREA PER DWELLING: 92539SF. MIN. LOT WIDTH: 75FT. ACT. MIN. LOT WIDTH: 152,50FT. W/ R=168.50FT. MIN FRONT YARD: ~r; ~~EIIII\lr.} ACT. FRONT YARD: \..16.58 W/8.42FT, VARIANCE) MIN. SIDE YARD: 10FT. OR 15FT. TO TOP SLOPE (ESA) ACT. SIDE YARD: 40FT. TO ADDITON. MIN. REAR YARD: 10FT. OR 15FT, TO TOP SLOPE (ESA) ACT. REAR YARD: 65FT. TO ADDTION. MAX. HEIGHT: 25FT. OR 45 DEG, TO TOP SLOPE. ACT. MAX. HEIGHT: 9'-9" ADDITION, 11'-9" EXISTING RES. PER CENT OPEN SPACE: NO REQUIREMENT. EXTERNAL FLOOR AREA RATIO: MAX. 6600SF. + 2SF. FOR EACH 100SF. OVER 50,OOOSF. 92,539SF.- 37,625 (AREA BLW. SFP) = 54,914SF. 54,914SF.-50,OOOSF.=4,914SF/l00X2=98.28SF. 6600SF.+98.28SF.=6698.28SF. MAX. FAR. ACT. FLOOR AREA: 3913SF, (EXISrG)+616SF GARAGE (ADDITON) MIN. PARKING SPACES: ONE PER BEDROOM. (4) REQUIRED AND PROVIDED. ,1"'""'.... '" ,. MERRIAM RES. ADD'N. VARIANCE REQUEST ENCLOSURE #2 , . 'Ilew ~ .-- $.- - - - V' EW · 8 ' . r ~ ... , . .'IIEW , " " .' . 1'" 'I :'1' this lour-bedroom home captures and distills some of the contemporary history of A~pen in juS[ a few rooms. Vicwrian houses usually come to mind when thinking of Aspen's architectural past. But the late forties and fifties brought morc than historic restorations. In 1945. Waher Paepcke invited the former director of the Bauhaus, architect Walter Gropius. to town. Gropiu!i urged him to "restore the best of the old. but if you build, huild modern." Built around 1948. this house was originally designed and owned by Eghert Jacobson. the first art director for Walter Paepckc's Container Corporation of America. Jacobson was instrumental in founding Aspen's Design Confcrc-lH:c. [\au. hows designer and mtist Herben Bayer. who succeeded J;lCoh- son and came: here under Pacpckc's aegis. added it milster- bedroom wing. and lived in the house for a short period. The parents of the couple who currently own the home purch.,ed it in 1960. "My falher was on the board of a large bayer oil. the fourth season, hangs next t~ his print, mountain lakes, In the living room (top left'. reflected In the hall mirror Is 8 signed, original bayer bauhaus poster (top right). an earthy stone table by krabloonlk owner dan maceachen ech~es an unusual bayer tapestry In the dinIng room (low~r rightl, Pacpckc's Container Corpor;uiol1 of America:' ile says of the family's long involvement with A:"pl'1l and its I.:uhural imti. futium, :"uch as the Aspenlnstitutc and the Music Associ.1Wi, "Walter Paepcke had told my father: 'I have ,"methil1~~oil1~ 011 in Aspcn. Wily don't YOll cnl11(' out?'" Ever)'thing about this huuse - from lighting to cllni\im to furniture - maintains the originallntcrnationa! spirit, The pale-green concrete-block exterior. leavened with wood and glm. blends with the landscape: in summer. the hollse is surtounded hy rimous meadows of wild alfalfa and sage. Floor.to.cciling windows defy (he hOlllldiUY between naturc and interior, nooding the room with n3tl1ri1llight. .~.. ""., "the heritage of paepcke and bayer . gives aspen its. vita I ity" ..I fI~rF.N MflGA7.INI'. 137 IInllOAY llJ'f 1''Jl 1, "<'" c the owners believe in not bringing the city to the country ;')>1" ','~, ..~~ ~"";o;.;: ;jt~ ~~ '" ',' ~~ ",'x',".' '. ;... :-'t~;:-..." "":\t\":'i'" " iI"\' ~>t.i'.' :",A. ~..l'i:t":,-,,.:=..,_.,~,...~:, ...-;~ ~';;:O' ts.:.,." '\;f ':'"tlJ ','\ .,...; , ", ~ . 'l: ... ' /, Tilt: owners, who dividt' thdr timl' ht:tWl't:1l California and Aspt:ll, are avid art colh.'t:lurs, Tht: wife sits on the board aLl major California art museum; locally. tilt' couple St:rvc on the National Council of the A'l'en Art Museum, For years [hey havecollcCledcontell1purary Hispanic, Prc-Cululllbi:m. fulk, and pup art. Thdr Aspen home hig,liligllts an import,lIl[ (olh:l.:lion of Ht'rhl'rt Bayer works, many from the 1I0W-dllSt'U P,It Moore G,dlcry, Onl' call hard I}' imagine a mure appropriate collec- tion for this home. since so much of Bayer's ;"bsuact imagery is holseu on nature and thl' myslt'ry of moul1taim. The entry sets the mood for the rooms th:lt follow, On a wull p:tillh:u d,nk pCilch, a tradcmark B,'yer color, h'll1gS an ullusual Bayt:rwatercolor titled \t:('lflIj1J.~N,llllrt', flOm Aspt'I1's t;..:UIW" Sllaw Callel')', 'I'hb work is p.lfliulhu'ly interesting [0 those who have seell 1I1L' sgrallilO Illunll Hilyer crt':Ited for the Instilllte's Seminar Building. Till' OWllI:rs (!t'ady Ill'lil'vl: ill litH hringil1~ the dly tu the nllllHl"Y. Thdr hOl1ll' i.~ a I11tHIlltain l"l'tl"l',ll, its sun~w:lshcd living l'Uom arrangnl for rd.l.xing, I"l;'adill~, alld l..',ISlI,d elltt:l'- t;tinil1g, All I.-shaped I"nll..:.Hhl'r (oudl 1ll.lhs fur (ullllon- .Ihll' sining, whilt., uriginal Eallll's duil's amI two original Mared 13rellcr Sll'c! ami bh\(k Icathcr chairs SI;IY tnll' tu dle hOllse's origins, Dominaling thl' room is :l wall p;lilltt.'d "BaYl'r bllll'," with two gl'tl11ll'rrk Bayer prints, III tht' dining tuum, Sl'Vl'r.ll posters Ba)'lT dl'siglll'll ftll" the f\'lusil h.'sriv:ll lim' up likl' a tributt' to ASlh:n's l'Idt\lral history, A window ill till' liglil-.~pl;1sh(J Ba)"l:r~dt'signt'lll11;ts[er bedroom mixes views tip Rcd Mountain with the suund of water from Ihe: Roaring Fork River below, Tht' style ht're is fUllctiollal ;Illllcclcctic, with i1l1 inviting SGlIldinavian sofa and Knoll table ill olle COllin. rooms in the house are designed to serve the own en' need to retreat from the bustle of the city. the woman's private reading nook (bottom right) is adjacent to the bedroom, you can hear the rcarlng fork river from a sittIng area (top "ght), which has sweeping views of red mountain. Hanging OVl'r tht: bnl .n..' pop art pOSll'IS hy Lidltl'lIs[dn ami ltuM.:l1qllist fur till' I\SPl..'/l \'Villler .lau fc:sriv:l1, which ttlol< phll'l' during (he SiXlil'S, ltausl..:hl'nberg posters highlighl other walls, "In Aspen, wl"rl'l1lorecasual," says thewifr:, "We hilve mostly postl'r~ here in dlL' bl'drotll1l," Evcn t1ll'ir iml.:rl'st in pop art h,ls :11I ASpl'll COlllll"ctiun: "WI;' flnt bl'<:ame ilHcrl'stl'..! ill pop ;Ift wlll'lI I (,I11h.' Ollt 1'01 :Ill A~IR'lI Imlillltt' Sl::lIlill.H ill dll'llIiJ-sixlil.'s," t:xpLiins the huslnlnJ. "Juhn Puwns (it lung-dill\.' <1ft colh:((ur who now lives in Carbondale) gavt' it 1t:((lIfC on it at the st'minaL" S:I)/ till' nWl1l'rs: "Wl' hopc Aspen will have the vision to pres<rve 1),< buildings uf dll'l'ilel'cke ilnd Ililyer era," "', A,~ IN MI\I:".,INI 140 IIUIII'At 19911'11 --- --__~._~,..~.~_,,_.."~__ u _< .'_'.~_ WARREN L. PAL' 'R Architect P.O. Box 2684 ASPEN, COLORADO 81612 (303) 925-2776 "' DATE TO WE ARE SENDING YOU 0 Attached ~-l:J"dc, 'C~d'dle cuve, via~the following items: o Shop drawings o Copy of ieller o Prints o Change order o Plans o Samples o Specifications o THESE ARttAA~SMI1'TEl>a$ che~ked ~: i....:<:.~:.:> o For approval J;I!{ For yOur use o . As reqlle$ted ~For review and comment o FOR SIDS OtJE o ApproVl!d as submitted o Approv8d as noted o Rllturned for correetions o Resubmit_copies for approval o Submit_copies for distribution o Return corrected prints o 19 o PRlms RETIJRtfED AFTER lOA" TO US llW?f7tZl.AA ^ /' .--. SIGNED:~ COPY TO """'- I ." .. ;-,' lr - NOTICE OF PUBLIC HEARING CASE /#92-4 JAMES AND GAIL MERRIAM AND JOAN MERRIAM CRETE 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 Meetino: Date: Time: March 26, 1992 4:00 p.m. Owner for Variance: Appellant for Variance: Name: James & Gail Merriam and Joan Merriam Crete Address: 1884 Mtn. View Dr. Tiburon, CA Location or description of propertv: 850 Roaring Fork Subdivision Exception Plat for Merriam subdivision. Owners, by and through Warren Palmer, Architect Rd. Lot 1 variance Requested: property is located in R-15 zoning category. Front yard setback requirement is 25 feet. (Chapter 24, Sec ~02 (D) (4) Aspen Municipal Code. Applicant appears to be requesting a 8.42 feet front yard setback variance for purposes of construction of a garage addition. will apPlicant be represented bv counsel: Yes: x No: The city of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 8161l Remo Lavagnino, Chairman Jan Carney Deputy City Clerk ,-'''ot ,---", , CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE March 10 19B- CASE # APPLICANT Owners, by and throuqh their PHONE 13031 'l7'i-777fi Architect, Warren Palmer MAILING ADDRESS 406.Aspp.n Airport BII"inp.ss Cenrp.r. Asppn. CO OWNER James A. Merriam. Gail Anootti Merriam, PHONE (4l51 435-2693 and Joan Merriam Crete MAILING ADDRESS l884 Mountain View Drive. Tiburon. CA 94920 LOCATION OF PROPERTY 850 Roarinq Fork Rd., Aspen, CO (Lot 1 Subdivision Exception Plat for Merriam (street Block Number and Lot Number) Subdivision - Book 25, Page 39 '.. . . 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 Explanation Attached ^. Applicant's signature ------------------------------------- -------------------------- REASONS FOR DENIAL OF BUILDING PERK , BASED ON THE ASPEN CITY CODE, CHAPl'ER 24. AN OPINION CON ING THIS VARIANCE WILL BE PRESI:NTE' J'O THE BOARD BY THE ~ONING ~EP~TMENT STAFF. ' r _ Q~ V? ~c~cl, ~ ~ -l~ Z-~ C~ClrfU1 / y~ ,\Md ~ t.,cvJ;,- ~Jr V7 ).":>-\'+lC~~(k,..zL{ ~ S-c?-O?, pi.{ C0p..---- ~c ~... ~V) tn;~\Oo~ ~~ a{f\}CvV-'~. ~ JU~~ I{ ct S-,l{ 2 f~ ~M\.~ V~ ~ H'~~ d\ UN1~ _'^ ~ )\1JqL OFFICIAL~' .~ ~ \.ll-l '\ 2.-- HEARING DATE DATE PERMIT DENIED DATE OF APPLICATION c;ADDUNE, HAZEN & GUEST ATIORNEYS AT LAW .-. ALPINE BANK BUILDING 600 EAST HOPKINS, SUITE 301 AsPEN, CoWRADO 81611 PAUL J. TADDUNE, Pc. ERIN E HAZEN, Pc. WILLIAM K. GUEST, Pc. TELEPHONE (303) 925,9190 rACSIMILE (303) 925-9199 JULIE FEIGELES March 11, 1992 VIA HAND DELIVERY City of Aspen Board of Adjustment c/o Bill Drueding Aspen/Pitkin Planning Department 130 South Galena Street Aspen, Colorado 81611 RE: 850 Roaring Fork Road Request for variance: 8.42 Feet into Front Yard Setback Dear Members of the Board of Adjustment: Enclosed on behalf of James A. Merriam, Gail Angotti Merriam and Joan Merriam crete, owners of Lot 1, Merriam Subdivision, located at 850 Roaring Fork Road, please find the following: 1. Original and eight (8) copies of a development application for a variance permitting a one-story garage addition to the front of the house currently located on the property 8.42 feet into the front yard setback. Bill Drueding indicated his denial on March 10, 1992. 2. Nine (9) copies of the following enclosures which are attached to the application: Plans for the Merriam Residence Addition, prepared by Warren L. Palmer, Architect (Enclosure "1"); photographs (Enclosure "2"); Ordinance No. 71 (Series of 1990), creating Hallam Lake Bluff Environmentally sensitive Area Overlay (Enclosure "3"); and article from Aspen Magazine discussing the subject structure (Enclosure "4"). 3. A list of property owners within a 300 foot radius. 4. Application fee of $50.00, payable to the Aspen/Pitkin Planning Office. Based on discussions with Bill Drueding, I understand that the anticipated hearing date and time will be Thursday, March 26, 1992, at 4:00 p.m. Assuming this date will be confirmed, please /',..,..... .',", City of Aspen Board of Adjustment March 11, 1992 Page 2 provide us with a form Notice of Hearing to be posted on the subject property. Thank you in advance for your attention to this matter. Very truly yours, TADDUNE, HAZEN & GUEST (----- . -----" \ _.-- l \. , .:: Paul J. Taddune PJT:km Enclosure cc: Mr. and Mrs. Alec Merriam Warren Palmer p\lt\merriam.var .,,-.. ,,' '- .. NOTICE OF PUBLIC HEARING CASE #92-4 JAMES AND GAIL MERRIAM AND JOAN MERRIAM CRETE 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 26, 1992 4:00 p.m. Owner for variance: Appellant for variance: Name: James & Gail Merriam and Joan Merriam Crete Address: 1884 Mtn. View Dr. Tiburon, CA Location or description of property: 850 Roaring Fork Subdivision Exception Plat for Merriam Subdivision. Owners, by and through Warren Palmer, Architect Rd. Lot 1 variance Reauested: Property is located in R-15 zoning category. Front yard setback requirement is 25 feet. (Chapter 24, Sec 5202 (D) (4) Aspen Municipal Code. Applicant appears to be requesting a 8.42 feet front yard setback variance for purposes of construction of a garage addition. wil1 apPlicant be represented bv counsel: Yes: x No: The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk - MERRIAM RES. ADD'N. VARIANCE REQUEST ENCLOSURE #2 \ . 'IleW ~ .- " Op _ JIIJ. \II EW · 8 ' - I' .,:;lot - .. - - , . -\lIEW , , ,,' " . ,.. .' ,I ! ,r......... .11. this four-bedroom home captures and distills some of the contemporary history of A'pcn in just a few rooms, Victorian houses usually come to mind when thinking of Aspen's architectural past. Bur the late forties and fifties brought more than hiscoric reswrations. In 1945. Waher Paepcke invited the former director o[the Bauhaus. architect Walter Gropius, to town. Gropius urged him [0 "reSlOTt the best of the old. but if you build. 11lIild modern." Built around 1948. this house was originally designed and owned by Egbert Jacobson. the first art director for Walter Paepckc's Container Corporation of America. Jacobson was instrumental in founding Aspcn's Design Confcrcm:c. Itlll- hausdcsigllcr and :lflist Herbert Bayer. whosuccecdcdJacol)~ SOil and callle here under Pacpckc's aegis. added it masrer~ bedroom wing. and lived in the house for a short period. The parents of the couple who currently own the home purchased it in 1960, "My father was on the board of a large bayer oil, the fourth season, hangs next t~ his pri.nt. mountain 'akes, in the living room (top left). reflected In the hall mirror Is a signed, original bayer bauhaus poster (top right'. an earthy stone table by krabloonlk owner dan maceachen echoes an unusual bayer tapestry in the dining room (lower right). Pacpckc's Container Corporation of America," he !i1l)'S of the family's long involvcmcnr with Aspen and its ,ullmal illsd. tUlions. sUI.:h as the Aspenlnstitulc and the Music Associ;1tcs. "Walter Paepcke had told my father: '( have something going on in Aspen. Why don't YOll come out?'" Everything about this house - from lighting to curtains to furniture - maintains the original International spirit. Thc pale-green concrete-block exterior, le.vened wirh wood and glass. hlends with the landsctlpc; in summer. (he house i!i surrounded by riotous meadows of wild alfalfa and "ge. Floor-to.cciling windows defy the hnlllldilry hcrwccl1ll;ttllre and interior, nooding rhe room with n;lrurallight. "the heritage of paepcke and bayer ~ ~ ~';! ~~ ~.~. ~~. ~~' t..~. "" ~:~ ~~:~ ..~:-':. ~;~.. ~ :":' ";" ~~~ ~~ ~~~. '. :'-< . gives aspen its. vita I ity" '. ~i. " ~ ~~" ..I ,UrF.N MACA7.INt 137 llOllOAY I'PI"91 ,.f. "'. the owners believe . In not bringing the city to the country ;';~1 ' ~':;':~';,':',..,,~;,;~.+ ::;-Af,t~~t-'/):,~:.~~;:'; ~t-~,~\;.... t~ '-.,:. :~ I{ '". .,... \: ,''SW<, ..~~ ~'t....~; ~~.:: ~.....'.~ . ",..:~':' .'... +' ',' ~,' . ..,. .~....' " The: owners, who divide dH:ir time between California and Aspen, are avid an collcnors, The wife sits on the board of~lmajorCalirornia:lf( museum; locally, the couple serve on the National Council of the Aspen Art Museum, For years they have collected contemporary Hisp;lIlic, Pre-Columbi:1I1, folk, and 1'01' an, ~I'hdr Aspen home highlights all illlport;llIr l.:olk'((ioll of Hcrbt:rt Bayer works, many from the now-dosed Pat Moore C;~lllery, One can hardl)' il11:.tgille a more appropriate collec- tion for this home, since so much of Barer's "bstmct imagery is bast-oJ 011 n;tture and the mystl'ry of l11olllHaim, The emry sns the mood for tbe rooms that follow. On a w:.l1I paintl'd d<Hk peach, a trademark Bayer color, hangs :1n unllSuaJ Bayerwatercolor tilh:d Wt'fwingN,lIrm" Ii 0111 Aspen's l;eor~..: SllilW Caller)', 'I'his work is partiL'llbdy illtert."sting to those who have sn'l1 lilt: ~gram[O muml B;IYt."r creatl'd fur the Institute's Seminar Building, Till' UWlh:rs e1l';nly hdh.-vl' il1l1tl( hril1~itlv.lhe dt)' 10 the \:tlll 11 II')'. Thl'ir hOllle h a 1l10Ulltilin n.'(rl';II. il.~ SUI1~w;tshed living room ;lrrangnl for rd.l:dng. n::tding, .llld (;lsll.llel1ter~ raining, An l.-shapt:d l'l'llll\llhl'r comh llIakt's 1(11" cutulun- .Ihle ~itlil1g, whik' urigin;d LlIlH.'S chairs ;lIld two original Marcel Breuer steel ami black leather chairs sr,lY trut." 10 the hOllse's origins, Dominating the room is a wall p;lilltt."tl "Ba}'l'r hhlt'," with two gnllllt'tri..: Bayer prints. III till' dilting roum, Sl'Vl'r;11 postt"rs Bayn desiglll'l1 for tilt' Musil.: h'stival linl' up likl' it tribule to ASIh.."n's ..:uh\H"llii~tol'~" A window in lilt: Iighl-~plashl'J Ba,n'r-Jt"signt'd master bt:Jruoll1 mixes views up Red Muuntain with the suund of water from Ihe Roaring Fork River below. The style here is fllllcliullal ilnd eclectic, ,\lith an inviting Scandinavian sofa ilnJ Knoll t;lLll' in olle comt'r. rooms In the house are designed to serve the owners' need to retreat from the bustle of the city, the woman's private reading nook (bottom right) is adjacent to the bedroom, you can hear the rearing fork river from a sitting area (top right), which has sweeping views of red mountain, Hanging owr the hl'll ,H~' pop an poStt'IS by Lidm'lISlcin and ltusl'nlJuisr for tilt' ASpl'lI \'\Iinln J;lI'."I. It-stiva!, which toul< plan' ..luring rhl' sixtit.s. Itausdlt'llbl'rg post....rs hi~l1light other walls, "In Aspen, wC'rl'mOl"eCasuaJ,"s;I)'S the witt<. "We 11;Ivt: mostly posters hefl' in lilt' hnJrooll1." Even tlidr ilHt:re,~[ ill pop ;Ht has all Aspl'l1 cOIlI1l'cdol1: "Wit nr~t hecame ilHcrl'sled ill pop art whl'n I Gllllt' Ollt '(>1" all A~pl'll !Imiuue selllill,lr in tlil' l1liJ~sixties," t"xpLtins the husband, "Juhn Powers (.1 lung-tillll' ~Hl collt'ctor who now Iiws in C.nbondale) gaw;\ lecture on it at till' st'l11in.\r," S;IY rllt' oWI1l'rs: "We hope Aspen will haw the vision to preserve the buildings or Ihl' Paepcke i1ml13ayer era," l,U,') ,url", ,"UI:AIINI '40 IlnllllAt 1""'11 " ....." /''''"' CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE March 10 19B- CASE Lit ~- i APPLICANT Owners, by and throuqh their PHONE 13031 'l2'i-777fi Architect, Warren Palmer MAILING ADDRESS 406 Aspp.n Airport Husin"ss Cp.nrp.r. A"pp.nr CO OWNER James A. Merriam. Gail Anootti Merriam, PHONE (4151 435-2693 and Joan Merriam Crete MAILING ADDRESS l884 Mountain View Drive. Tiburon. CA 94920 LOCATION OF PROPERTY 850 Roarinq Fork Rd., Aspen, CO (Lot 1 Subdivision Exce~tion Plat for Merriam (street Block Number and Lot Number) Subd~vision - Book 25, Page 39 '. . . 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 Explanation Attached Applicant's Signaturel ------------------------------------- -------------------------- REASONS FOR DENIAL OF BUILDING PERK , BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONC ING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF. DATE PERMIT DENIED OFFICIAL DATE OF APPLICATION HEARING DATE ,.-.., ". ."", CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION FOR 8.42 FOOT VARIANCE INTO FRONT YARD SETBACK AT 850 ROARING FORK ROAD, ASPEN, COLORADO The subject property is located in the R-15 Zone, which has a 25 foot front yard setback (Land Use Code section 5-202 D.4). Applicants are requesting a variance of approximately 8.42 feet into the front yard setback for purposes of constructing a garage addition. Applicants submit that a deviation from the front yard setback requirement would not be contrary to the public interest, but rather would promote the public interest due to the special circumstances presented by the subj ect property. Appl icants submit that the literal enforcement of the setback requirements, in view of existing circumstances, would result in undue and unnecessary hardship for the following reasons: l. As shown on Enclosure "1", a variance is sought to build a one-story garage addition to the front of the house currently located on the property 8.42 feet into the front yard setback. Visibility of the garage addition would be blocked from the road by very tall spruce trees, as appears in the photographs annexed as Enclosure "2". The location of the garage addition in front of the existing house encroaching only slightly into the setback would be consistent with the following objectives of the zoning regulations: (1) to preserve the historical quality of existing structures; (2) to preserve Hallam Lake from encroachment of building as is the intent of the Hallam Lake Bluff Environmentally Sensitive Area Overlay (Ordinance No. 71, Series of 1990), attached as Enclosure ")"; and (3) to preserve existing natural vegetation and open space. Further, allowing the variance will also preserve the house I s solar energy attributes. 2. As appears from the magazine article attached hereto as Enclosure "4", the existing house was constructed in or about 1948, prior to the enactment of the zoning code in or about 1975. The house is located in the northwest corner of the property. Large spruce trees provide privacy and shade on the western boundary. Solar gain is achieved from exposure to the south side and is maximized. The Applicants desire to expand the house to meet present demands, while keeping the design in conformity with its character, significance, and surrounding areas. The grant of the variance will be generally consistent with the above-stated purposes, goals, objectives, and policies of the -. ""'.'"" Aspen Area Comprehensive Plan and the Land Use Code. Further, granting the variance would accomplish Goal 14 of the city council Goals which encourages fair and consistent treatment in governmental processes. Goal 5 would be achieved concerning sensitivity to nature, animals, and each other. Goal 10 would be achieved in helping to preserve traditional character, including open space. The requested variance is the minimum variance that will make possible the reasonable use of the existing structure. The neighborhood has other structures in relative close proximity to the road; and the literal interpretation and enforcement of the terms and provisions would deprive the Applicants of rights commonly enjoyed by other parcels in the same zone district, and would cause the Applicants unnecessary hardship or practical difficulty, inasmuch as the present location of the house makes it difficult to maintain the current design and historical character, preserve open space to the maximum, and not encroach into the Hallam Lake Bluff Area Environmentally Sensitive Area. Rather, the proposed addition is sensitive to all of these concerns. Therefore, it is felt that there are special conditions and circumstances which are unique to this parcel and structure, which are not applicable to other parcels or structures in the same zone district. Finally, granting of the variance will not confer upon the Applicants any special permits denied by the Aspen Area Comprehensive Plan and the terms of the Land Use Code to other parcels buildings or structures in the same zone district. p\ms\merriam.boa 2 .. MERRIAM RES. AOO'N. ..,. VARIANCE REQUEST ENCLOSURE #2 , , 'It ew ... - -- '...' VI EW g ~ - .j. ;J ~ ... ... - ~ .. , J ,r"'.... 'PITKIN COUNTY TITLE, Inc. Tille Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303) 925.1766 ALBERT AND SUSAN KERN C/O LORRAINE RICHARDS 202 WOODSIDE ROAD WEST BARNSTABLE MA 02668 ANNE F. FAfUSH 2200 WILLOWICK #16E HOUSTON TX 77027 ASPEN CENTER FOR ENVIRONMENTAL STUDIES 100 E. PUPPY SMITH STREET ASPEN CO 81611 BERMUDA PROPERTIES C/O POLLNER, MEZAN, 360 LEXINGTON AVE. NEW YORK SIDNEY & SCHWARTZ NY 10017 BRUCE BERGER 342 MADISON AVE #604 NEW YORK NY 10173 CHARLES B. & ROBIN H. MOSS B.S. MOSS ENTERPRISES, INC. 7 CHATEAU RIDGE DRIVE GREENWICH CT 06831 DAVID H. KOCH C/O. KOCH INDUSTRIES, P.O. BOX 2256 WICHITA ATTN: LEGAL DEPT. KS 67201 ELIZABETH GRINDLAY P.O. BOX 2154 ASPEN CO 81612 ELIZABETH H. PAEPCKE 105 WEST ADAMS CHICAGO IL 60603 --. LOT 1, BLOCK 1, GREEN ACRES SUBDIVISION PART OF LOTS 5, 6, 7, 8 & 9 AND PART OF LOTS 10 & 11 OF BLOCK 4, SECOND ASPEN CO. SUBDIVISION TRACT 12-10"85 LOT 4, SECOND ASPEN CO. SUBDIVISION WESTERLY AND EASTERLY TRACT OF C.F. MURPHY ASSOCIATES, INC. LOT 16, SECOND ASPEN CO. SUBDIVISION LOTS 9 & 10, SECOND ASPEN CO. SUBDIVISION LOT 2, BLOCK 1, GREEN ACRES SUBDIVISION LOTS 5, 6, 7 & 7A, SECOND ASPEN CO. SUBDIVISION .' ,"'. -~, PTtKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303) 925-1766 JACK S. & GESINE A. CRANDALL P.O. BOX 1066 ASPEN CO 81612 JAMES A. MERRIAM, GAIL ANGOTTI MERRIAM AND JOAN ALEXANDER MERRIAM 1884 MOUNTAIN VIEW DRIVE TIBVRON CA 94920 SELIM K. ZILKHA TRUST 750 LAUSANNE ROAD LOS ANGELES CA 90077 THE EDWARD ARTHUR GOLDSTEIN TRUST 416 COMSTOCK AVE. LOS ANGELES CA 90024 THE WHIPPLE-BREWSTER CORPORATION A COLORADO CORPORATION 121 SOUTH GALENA STREET ASPEN CO 81611 ~, LOT 3, BLOCK 1, GREEN ACRES SUBDIVISION LOT 1, MERRIAM SUB. AND METES AND BOUNDS TRACT IN THE SE1/4NE1/4 OF 12-10-85W LOT 8, SECOND ASPEN CO. SUBDIVISION TRACT IN 12-10-85 o/?-b/c;:z ~1JUY/ tt~ f~L cal/JL _~~ /J1011J:?(J A _~-:li;;t; /t'k 4iO-!Ld:>t-cC.), ~k ,A<u rl fI.t&7U J-ac,l./ ~ 7hp.,u .-' ," . .' ,) 4 .~ .!M-fI0/ .;G.a.tj ~.t:/~?LL:.u/ 4~!LL.:i: /?fJ> .;c~i &/1LCi<lhc/ .Az.l,u c:lcLilj ~~t~.i?~~ C:V ~:/t~ r (~:JuJ ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES City 00113 00125 00123 00115 Co~nty 00113 00125 00123 00113 -63250-134 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 REFERRAL FEES: -63340-205 -63340-190 -63340- 1 63 -63160-126 -63170-127 -63180-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63450-146 REFERRAL FEES: -63340-205 -63340-190 -63360-143 PLANNING OFFICE SALES 00113 -63080-122 -63090-123 -63140-124 -69000-145 GMP/CONCEPTUAL GMP/FINAL SUB/CONCEPTUAL SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLlCATIONS/ CONSE~,r AGENDA ITEMS ~r-V1q~~ ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL GMP/GENERAL GMP/DETAILED GMP/FINAL SUB/GENERAL SU B/DET AI LE D SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT ENVIRONMENTAL HEALTH HOUSING ENGINEERING CITY/COUNTY CODE COMP. PLAN COPY FEES OTHER .J2:;I--. .::;0 &(.7 lei SUB~~~~~ 0rJ ~ ::::ss:~(Jn ~/i~~-lM::: a Check # 1/ / 2- Copies received: 9 Date: # of Hours: I'/L