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Home My WebLink Aboutlanduse case.boa.300 Lake Ave.001-90 ~. " .. ..; NOTICE OF PUBLIC HEARING CASE '90-1 ELLEN RANDALL 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: February 22, 1990 Time: 4:00 p.m. Owner for Variance: Appellant for Variance: Name: Ellen Randall Address: 5005 Green Tree Rd. Houston, TX., 77056 Bruce Sutherland Architect Location or description of propertv: Location: 300 Lake Ave., Marshall Lot Split, Part of Lots 11 & 12, Block 103 Hallam Addition to Aspen Pitkin County Variance Reauested: Applicant appears to be requesting to overturn the Planning Department's interpretation of Floor Area Ratio definition as it pertains to the attic space per their building plans. Aspen Land Use Regulations-Definition-F.A.R. 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 " ,.....".,..I.u._ ( , TO: BOARD OF ADJUSTMENT FROM: WILLIAM DRUEDING, ZONING ENFORCEMENT OFFICER RE: PLANNING COMMENTS IN REGARDS TO CASE #90-1 DATE: February 22, 1990 FLOOR AREA means the sum of the qross horizontal areas of each stOry of the buildinq measured from the exterior walls. or from the center line of the party walls, including the floor area of accessory uses and of accessory building and structures. In measuring floor areas for floor area ratio and allowable floor area, the following applies: A. General. In measuring floor area for the purpose of calculating floor area ratio and allowable floor area, there shall be included that floor area within the surroundinq exterior walls (measured from their exterior surface) of a bui1dinq. or portion thereof. E. Volume. For the purpose of ca1cu1atinq floor area ratio and allowable floor area for a bui1dinq or portion thereof whose principal use is residential. a determination shall be made as to its interior plate heiqhts. Those interior areas with a plate heiqht of ten(10) feet or less shall count toward allowable floor area to the ratio of one(l) square foot for each one (1) square foot of floor area. In this case we have two obvious walls, plus the roof become the exterior walls and therefore the rea under those 4 "walls" is counted as F.A.R. As the app' n tates, there is no basis for an interpretation that a spa e 5'6" r above counts as F.A.R. It is our interpretation that t is flo all counts as F.A.R. V'The F.A.R. definition is intended to control size and or bulk 1 It does not mention usableor unusable space. Also, the definition of volume accounts for the bulk even though there is not a floor. This reinforces the staff op~nion that the intent of the code is also to control bulk as well as "usable" floor area. Included are two letters from Planning Director, Amy Margerum supporting my interpretation. '<I o' (}/i/ff//1,LJ:'/ Ij rr r/! t .-r;:-J2!c ^ .0 / /' o / ,.. V \ GO ,1.)'6 -'-; ( .") ..)(j ;k; ,. !cru'. ;::ftL February 15, 1990 Aspen/Pitkin PI~nning Office 130 south gal~ija~:street asp e n';:"'co I ora)d,~~~';"81611 Ift!/ ~h.L;..'4 'j., . .. '0 ,-tf1'~r. cd, ~ W{i..'1d-~ ~~~ street Donne1ley Erdman 210 South Galena P.O. Box 10640 Aspen, Colorado 81612 RE: F.A.R. Calculations for Sloping Roofs Dear Donnelley: I received your letter expressing your concerns with the calculation of floor area under sloping roofs. As I am sure Bill Drueding mentioned to you, we have recently had a similar request (Randall residence) for some relief from counting the dead space over five feet. In this case, both Francis and I agreed with Bill that this type of dead space needed to be included in the FAR calculations given the provisions in the code. This applicant has gone to the Board of Adjustment. . If the. Board of Adjustment approves the request for a variance in this case, we will certainly consider altering our approach. I understand your case and appreciate the sketches. It is my feeling that rather than take these requests piecemeal (we oet ~n avera e of w of such requests a month) we get together with a group of architects 0 ~mprove upon the manner in which we calculate floor area and height and attempt to streamline the process so it is not as complex. As I understand it, this is how the floor area calculations were developed in the first place. I would appreciate any input you might have on the best way to review these issues in total. Please keep in touch with Francis Krizmanich who will be working on these changes with Bill in the upcoming year. ~ t€ ~~ t<'rj'P-o J~ ~~'" ~.4'f ~~ cc: Francis Krizmanich-/ Bill Drueding II Z/',.JJ iN c- . .- -. December 20, 1989 Bruce R. Sutherland, A.I.A. 1280 ute Avenue Aspen, Colorado 81611 RE: Randall Residence: 300 Lake Ave. Dear Bruce: I am in receipt of your letter of December 12, 1989 requesting an interpretation form the Planning Office as regards the Randall residence. As we discussed when we met on this issue, the Planning Office continues to support the interpretation of allowable Floor Area Ratio (FAR) as was given to you by Bill Drueding. It was my understanding that what I suggested you do is revise the plans to comply with the FAR calculations made by Bill Drueding in order to obtain your building permit to allow you to begin on the foundations. If you are interested in modifying the plans at a later date, you will need to obtain a change order and go before the Board of Adjustment. Bill can provide you with the Board of Adjustment. Please additional questions or concerns. necessary give me applications for the a call if you have Sincerely, Amy L. Margerum cc: Francis Krismanich Bill Drueding ~ .-I--~~.~ architeclurF" sutherla.... & pl~nning 1280 ute avenue aspen 81611 colorado 303/925-4252 . fallin, inc. January 19, 1990 CITY OF ASPEN Board of Adjustment 130 So. Galena Aspen, CO 81611 Re: Proiect #89-10 Randall Residence 300 E. Lake Avenue VIA Hand Delivery Gentlemen: Enclosed is an application for a zoning exception with prints marked to explain the areas which we feel are not to be counted as Floor Area Ration (FAR). Also enclosed is a list of property Owners within 300 feet of the Randall property. We are not clear if we are to mail the notification to these property Owners or to the planning office. The drawings were submitted for foundation permit Sept. 1, 1989 and the revisions showing the roof the Owner intends to construct have been added to the original submissions. Sincerely, !~C( -;4d!1it&.pI , , f Bruce R. Sutherland, A.IA Enclosures . ~--_._.~-.-I , - DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS Continued . . . . The planning office is stating the attic must not exceed 5'-6" at the highest point or it counts as FAR. There is no basis for this interpretation. The Land Use Regulations do not make this distinction. The volume rules deal with interior plate heights which exceed ten feet and are not applicable in our attic situation. , ' 'f-.':" 'r'" ".':: ...' ~ "' ..,. .. . l ."./'..../ ~ , , 'J - ..t''- ,":k'^ \,. :.(;_, ----~,..,..- ...-~I.-- BofA: ~ollowing is Bill Drueding's note at end of Sutherland, Fallin, Inc. letter typed exactly as he wrote it. "Your to overturn planning departments interpretation of FAR concerning attic space as shown on drawing". r "~ AFFIDAVIT OF NOTICE BY MAILING OF A VARIANCE HEARING BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT The undersigned, being first duly sworn, deposes and says as follows: I, Jennifer Schiller , being or representing an Applicant before the City of Aspen Board of Adjustment, personally certify that the notice of Public Hearing of Variance (case #904, Ellen Randall) was mailed to all property owners (list attached) within a 300 foot radius of subject property. The notices were sent to the Post Office on the 7th day of February 19 90 ..~j~ Appl~' S ,~ Subscribed and sworn before me this / day of;:fWP,/..U)~19..5..Q" by :JSvt.vt.L..bz:.:-J'.. ~, SC,YU,V..tR.. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: ~~ / [7, icrq 3> / ~:dAA A#, < <)~~AA./J..J No a Public's Signature I J 3 r.,J,;'S-C ryl1'1iLotl...ttl)?)' 4s"f-8't/~{) '3/(,,/ J Address -_...._,._.._._._..,~I.,~- 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 Municipal Code The undersigned, being first duly sworn, deposes and says as follows: I, Bill Bowen , being or representing an Applicant before the city of Aspen 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 subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the 7th 22nd -- day of day of February February , 19~, to the , 19~ (Must be posted for at least ten (10) full days before the hearing date). fl/~ Applicant's Signature Subscribed and sw~efore me ~~t? 2,1 byd~~~~ : WITNESS MY HAND AND OFFIC My c~mmission expires: 11 ry Public's Signature _1J?J 1-1), -#YlMo.vA\JC.'Ik~V\ t.O 31bl' Address ~ r' CITY 0'1" ASP-EN BOARD OF ADJUSTMENT " Date: January 17, 1990 Case No.: Appellant: Bruce Sutherland Architect Address: Phone: 1280 Ute Ave. Aspen, CO 925-4252 81611 Owner: Ellen Randall Address:5005 Green Tree Rd. Houston, TX 77056 Location of Property: 300 Lake Ave., Marshall Lot Split Part of Lots 11 & 12 Block 103 Hal1ams Addition to Aspen Pitkin County CO (street and Number of Subdivision Block and Lot Number) Building Permit must accompany NO. : Application and prints or any other pertinent data this application, and will be made part of CASE THE BOARD WILL RETUHN THIS J\PPLICATION IF IT DOES NOT CONTAIN ALL FACTS IN QUESTION. USE ADDITIONAL PAPER IF MORE SPACE IS NEEDED. DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS The planning office interprets our attic space as Floor Area Ratio (FAR). It is our position that the attic space does not count as FAR. The Land Use regulations state for the purposes of calculating the allowable floor area there shall be included the floor area within the surrounding ext~rior walls (measured from their exterior Surface) of a building or portion thereof. Our attic space does not have an exterior wall, it has a roof. (See next page) will you be represented by counsel? Yes No X 13" . - - 4 cL .I-",~- ~ ~D (Applicant's Signature) --------------------------------------------.------------------------ PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD THIS AJ;>PLICATION TO THE BOARD OF ADJUSTMENT ANp REASON FOR NOT GRANTING: (11 I '''>:--.J '1'" l'-uI. . \ ,. " \ , ;~' ':"J....t..>!,-k.._,"_A-..,.' ~c \ , ,', t .\ -, 't~~- ~," , _P L:> .. I, \., ~..',. " ,.' \. , \ \ 1""} V>- ",- lJt'! ";)-- . I '-.,,' -.' \ ) n T~ r.! j JI.y.", _ . \ j, I Status () J ' 1 ~ ,'7 '. Signed PERMIT REJECTED, DATE", APPLICATION FILED MAILED DECISION DATE OF HEARING SECRETARY DATE ~" ~ RANDALL Mailing List of Adjacent Landowners within 300 feet of proposed Randall Residence at 300 Lake Avenue Mr. William Nitze 1336 - 30th St. N.W. Washington, D.C. William and Mary Martin 710 North 3rd Street Aspen, CO 81611 420 W. North Street Lots 14,15,16 and 17,18,19,20 Block 101, Hallams Add. Lots 1,2, & 3 Block 102 Hallam Add. James and Gay Paggs 640 North 3rd Street Aspen, CO 81611 Elizabeth Altemus 620 North 3rd Street Aspen, CO 81611 Lots 4,5, & 6, Block 102 Hallam Add. Lots 7 & 8, Block 102 Hallam Add. Sheldon & Marianne Lubar 8160 No. Green Bay Road Milwaukee, WI 53209 Joseph and Lillian McCoy 4800 No. Federal Hwy. Suite 113B Boca Raton, FL 33431 Lot 9 and part of Lot 11 Block 102 Hallam Add. 1/2 Lot 11, Block 102 Hallam Add. Arthur and Amelia Trentaz 315 Lake Avenue Aspen, CO 81611 THE ERDMAN PARTNERSHIPA A Colorado General Partnership 915 North Street Aspen, CO 81611 1/2 Lot 11 and 12 Block 102 Hallam Add, 325 Lake James Hume 1120 No. Lake Shore Drive Chicago, IL 60611 330 Lake Lots 5,6,7,8 & 9 Block 103, Hallam Add. Carol Soffer 1144 Summit Drive Beverly Hills, CA 90210 212 Lake Avenue Unit A -~.--~_._.~_.~--~-.I . RANDALL Mailina List of Adjacent Landowners Henry Pederson P.O. Box 144 Aspen, CO 81612 Prentis Tomlinson Trustee of Slattery Trust P.O. Box 61268 Houston, TX 77208 THE HARMON GROUP, INC. 677 Madison Ave. New York, NY 10001 TERCERO CORP. Attn: Joe Roberts 4400 One Williams Center Tulsa, OK 74172 John Nicholson & Lou Adler P.O. Box 67006 Los Angeles, CA 90067 OW. Ringsby Ent. Box 7240 Denver, CO 80207 Victor & Anstis Lundy 301 Lake Avenue Aspen, CO 81611 Page 2 212 Lake Avenue Unit B 230 Lake 214 Lake Lot 19, Shaw Jnt. Vent. Lot 20, Shaw Jnt. Vent. 1 & 2, Block 40, Hallam