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Home My WebLink Aboutlanduse case.boa.980 E Hyman Ave.003-92 ...~'" '" NOTICE OF PUBLIC HEARING CASE #92-3 ASPEN EAST CONDOMINIUM 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: March 26, 1992 Time: 4:00 p.m. Owner for Variance: Appellant for Variance: Name: Aspen East Condo. Assoc. Address: Box 10607, Aspen, CO. Ocean Architects Location or description of property: 980 E. Hyman st. Variance Requested: property is located in the R/MF zoning category. It currently exceeds the allowable FAR and thus is non- conforming. A non-conforming structure cannot be enlarged or expanded. Chapter 24 See 9-103(C) (1) A non-conforming structure shall not be extended by an enlargement or expansion that increases the non-conformity. Applicant want to expand the non-conformity by 920 square feet of exterior covered space. will 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 __-1--______ CITY OF ASPEN BOARD OF ADJUSTMENT MARCH 26. 1992 4:00 P.M. CITY COUNCIL CHAMBERS AGE N D A I . MINUTES October 24, 1991 October 30, 1991 II. CASE #92-3 Aspen East condominium Association III. CASE #92-4 James & Gail Merriam and Joan Merriam Crete IV. ADJOURN . - CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE 2-10-92 19--=-- CASE # APPLICANT Ocean Architec's Co. PHONE 81612 925-9514 MAILING ADDRESS box 10607 Aspen, OWNER Aspen East Condominium AssociatioPHONE 925-1285 MAILING ADDRESS c/o Resort Management box 7026 Aspen, Co. 81612 LOCATION OF PROPERTY 980 E. Hyman 5t. Aspen (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL? YES---L- 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. 5ee attached This letter describes our request in detail. A code interpretation provided by the planning director has denied this request. We are therefore taking this mattar to the 80ard of adjustment to appeal this decision. J Applicant I s Signature ~/ ~ ? ----------------------------------------------------------------- REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIAN~E WI BE_ PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF. \.0 ~ ~-4.... (l{~~~' ~~. Q{-~ ~ ~ ~~ f6l<ij'L~~ ~~- <1VIo.\.~. QI\MV\.~~~ ~~f<<. - ~d1 ~ ~'t ~'t-IQ""3(c.)(lfA#J. . ~ ~ ~ VJ~~~~ .,O^_ ..~ ~~- '~ ~~~~ ~ DATE PERMIT DEmEO 1 ~ I 1~""">- DFFIcrAL ~ DATE OF APPLICATION ___ \ "2.\__ 2-- HEARING DATE b~ 9.J.O~'.ck-~~ ~1>~, OCE:1N BOX ASPEN, ARCHIT.EC'S 10607 CO. 81612 ".'-.. 303. 925-9514 Amy Margerum Planning Director Apen-Pitkin County Planning Dept. 130 S. Galena St. Aspen, Co. 8-15-91 Re: Code Interpretation Dear Ms. Margerum As the o~ners representative in this matter ~e are requesting a code interpretation for Aspen East Condominiums, located at 980 E. Hyman St. Aspen, Co. The association is interested in obtaining approval for covered parking for the existing parking areas located on the alley side of their.complex (see exhibit A). In terms of the F.A.R., the complex is considered non-conforming because the zone district has been down zoned and for this reason exceeds the F.A.R: The position taken by Bill Drueding, the city zoning enforcement official is that because the complex is non-conforming, that additional covered square footage should not be allowed. According to the Aspen City Code each dwelling unit in the Multi- Family zone district is allowed 500 sq.ft. of covered parking per dwelling unit. For five units that would be an additional 2500 sq.ft. increase. The.~association is requesting an approximate increase of 920 sq.ft xterior covered see exhibit B). Because the entlre zone district as een do~n zoned this should not affect a separate aspect of the code which entitles the individual owners of this complex to covered parking. We understand it is the objective of the Planning Department to . decease bulk and area in certain zone districts. Please note, ho~ever, that the association is not requesting an increase in actual living area nor are ~e asking for something which the code does not already provide for. As evidenced from my 7 years of envolvement ~ith zoning enforcement their approach is to take the most strict interpretation of the code possible. We feel strongly that this is not appropriate to this situation nor is there legal justification for denying exemption from the F.A.R. for covered parking. We therefore ask for your code interpretation in this matter to allow for covered parking for Aspen East Condominiums. Sincerely, Ocean Architec's ~~? ----- " . ALLey ~.Ol 5 i~O"'t' 'lite -I. I ,": I ~K.INp I ! ~.I I, I ~tllI5 ~ /'PE. eNeR'\L-1 Q::lMNI -~~ ~TT<P '!liE. R:L eRE. eH ,. ~Y'Of 1 I I _. I ___ ~l ~ ~ -t ~ ~ ~ ~ . -, v ~ ~---- ,- " I z L "() IsT.....'RS 0 ~ I +------ e t! t! . .( - . ,-------1 I ~1!55 I .~-------+ . __A-9.~{X_. _ _ __ ~1 1- f!:.. C;?O.o' N 75-0"\' II" W -~---_.__._------ .- - ... HYMAN 5T~EE.T f= f-M I f? I ( r I , ~ 1 t ~ ~- A _.._-"--~.-1---_._. .. ~ 8 €;l . ~ .,........... .-----.------'.-0-.'(5.--... ~ ~ I I I I I I I I \ " \ " I I I J~;~'.-"D-"'~+ 1 1" \ I j I:;;-~ \ i1~' "" ""'~ -rA ~.< ~""+ I '-r-' tN...,e-rz.. H~rJ6<". .1 I J...I ~e \\ I ~~. ~~;;D ____ '. ~l'1' ~--I'- I / I. '-. '" i . // ~tjl \ ./~ \ .. ~ \ , l> z~.'"?' _ ~-e> ~~~~ - ~'- '- (Ii: r-~ ?l ,~ . I: -.. -.. '- ~~ ./ /' //'1.:i I - ;_ : tl--'-./---...... I I ~_ ..... " ! ...... I 1/..... t----f I , . ~ -- , / \ i!\ ~ ~ /~rt !.\ ~ i t ~ '" t ~~ ~ t- ~ t " "- 'I ,. ~ .~ '\\\ ~ '" ~ :+. \\1 - ~ ~ ~ ~'- ~ ~1)0 - ~'- -\ ; -i' 1- ~t p ~ f I 11 17-'" I I I I I I \\ I , . ,. ~ ' . . [~ , I . " . f -_,,~ \1 ! , ~-'''' , :-1- -4-=-~~ --+---. I ~~\.. I :!---' I . I ~'~ ..: I' of., ~ " ~ ~ ~ \ .. \ \ .. tl ~~ ~ ~ ~- ~ t~), ~~l ~~\ \' ~f.t . "'-1- -1~" - \:.~ ~\..\ ~ <.. ~.,...;.,. -7''>' t~ ~ L ~ ~~ ~~ ~ ~ ~ I , I i. DO rr in II o ~I " ~ ~' ~ ,...... '" '" "- \)) i-- I f.~~ H ii , -~ ~ f ' ~ ~ ~, . [ 1 ~ tr ~ ~. ~ l' ~!~ r "11 tl '\ " ~" ~ '\l III t ~ \} I --- ~~ y.. }~ ~ ~ ~~ ~ ~\ "\. ~ IS' ~ , "- ~ ~ ~ " ~ "- ~ "'\\ \101 "- ~ i~r ~ f~ ~ '/.. ~ ~~ ~~ "\ \~ ~1 ~ \Ill ~ ~ , ~ , ~ l' tJ . I:\l1l . ... l' "\ " I ) c ~~ H ~ N \\} It." ~} , r , , 'l\ ~ ';;'\ "I ~ ~f\ . ~~ ~~ 1 ~ ~ ~r '- c '- C' ~, "- l' 'K 1.l \l>. ~l t~ I ~~ " II-- " r t'~ t;) l ~ 7 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 property within three hundred (300) feet of the subject property on ~ I~' /11t-. ~~- ;I. /6> 'Jz- STATE OF COLORADO ) ) SS ) COUNTY OF PITKIN /~ The fOregOin~g ff;davit of~mailing was signed before me this UL f1, day of ---...--JC/h, , /qq "-": I ' WITNESS my hand and official seal. My commission expires: My Commission expires 1~16195 .';,'....... PROJECT DATA PROJECT: A ONE BEDROOM, ONE BATH AND TWO STALL GARAGE ADDITION TO AN EXISTING RESIDENCE, LOCATED AT #850 ROARING FORK ROAD. SITE: VARIANCE: LOT #1 MERRIAM SUBDIVISION TO THE CITY OF ASPEN, COLO. 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: MIN. LOT AREA: ACT. LOT AREA: 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 5125/88. 15000SF. 92539SF. (SEE SURVEY) ZONING: MIN. LOT AREA PER DWELLING: ACT. LOT AREA PER DWELLING: 15000SF. 92539SF. MIN. LOT WIDTH: ACT. MIN. LOT WIDTH: 75FT. 152.50FT. WI R=168.50FT. MIN FRONT YARD: ACT. FRONT YARD: 25 FT. (DWELLING) 16.58FT. W/8.42FT. VARIANCE. MIN. SIDE YARD: ACT. SIDE YARD: 10FT. OR 15FT. TO TOP SLOPE (ESA) 40FT. TO ADDITON. MIN. REAR YARD: ACT. REAR YARD: 10FT. OR 15FT. TO TOP SLOPE (ESA) 65FT. TO ADDTION. MAX. HEIGHT: ACT. MAX. HEIGHT: 25FT. OR 45 DEG. TO TOP SLOPE. 9'-9" ADDITION, 11'-9' EXISTING RES. NO REQUIREMENT. PER CENT OPEN SPACE: 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/l 00X2=98.28SF. 6600SF.+98.28SF.=6698.28SF. MAX. FAR. MIN. PARKING SPACES: 3913SF. (EXISTG)+616SF GARAGE (ADDITON) ONE PER BEDROOM. (4) REQUIRED AND PROVIDED. ACT. FLOOR AREA: .~_..." CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE 2-10-92 19--=-_ CASE # 1')-3 APPLICANT Ocean Architec's PHONE 925-9514 MAILING ADDRESS box 10607 Aspen, Co. 81612 OWNER Asp e n E a s t Con d 0 m in i u mAs s 0 cia t i 0 PHONE 925 -1 285 MAILING ADDRESS c/o Resort Management box 7026 Aspen, Co. 81612 LOCATION OF PROPERTY 980 E. Hyman 5t. Aspen (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL? YES---L- 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. 5ee attached This letter describes our request in detail. A code interpretation provided by the planning director has denied this request. We are therefore taking this matter to the 80ard of adjustment to appeal this decision. Applicant's . t ~ /~~ S~gna ure "P' -_ ----------------------------------------------------------------- REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF. DATE PERMIT DENIED OFFICIAL DATE OF APPLICATION HEARING DATE ",'" ..", RESORT MANAGEMENT SERVICES Post Office Box 7026 - Aspen, Co. 81611 (303) 925 - 1285 INC 11/1/91 Arian Ocean Oceans Architects Box 10607 Aspen, Co. 81612 ])eaT Arian, This letter will serve as authorization for you to act as agent O~ ljeilc'ili of t_:"le AS!..H:~(l LaSt Conuu~i,lnluHi Associat.lCJll with regara to tll'-:. proposed carport and storage area. This authorization is tor the expres. purpose of obtaining necessary approvals for this project only. / n~ '. L / ~Tohn Cani 11 !'id.fl_:~::-: 1 rlS/" f\gent Aspen East ASOclaticn County of Pitkin } } ss. } state of Colorado /"""' AFFIDAVIT OF NOTICE BY POSTING OF A VARIANCE HEARING BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT (Pursuant to Section 6-205 (E) (b) of the Muni- cipal Code) The undersigned, being first duly sworn, deposes and says as follows: I, Arion Ocean, Ocean Architec's , being or representing an Applicant before the Pitkin county Board of " Adjustment, personally certify that the' attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the from the nearest public subj ect property (as. it could be. seen way) and that the said sign was post;d from the ~ . Jt" , '?z.. day of 'fJ -" ~(..t. 11.-day of to the and visible continuously , 19_, 19_ (Must be posted for, at least ten (lO) full days before the hearing date). ~~ Applicant's Signature subscribed and sworn to before me this/t:fif. day of /17c. rC-0-- , 199"Z- , by A,r/OY' Oeq/J . WITNESS MY HAND AND OFFICIAL SEAL. My Commlssl pires 12/16/95 My commission expires: .1/r;/v