HomeMy WebLinkAboutlanduse case.boa.Waters Ave.006-90
.:---
--
,"
o
CITY OF ASPEN
BOARD OF ADJUSTMENT
DEVELOPMENT APPLICATION
o
"
, DATE, April ,19
1990'
CASE II q{J '.---0
.'
APPLICAN'r Glenn_'RaPpaport '" '
PHONE
213 454 426i
MAILING,'ADDRESS 14623' Hilltree Rd. Santa Monica, CA .90402
OWNER J;eonard Gertler
PHONE same
MAILING ADDRESS same
LocATION OF PROPERTY Waters Ave. .Bloclc' 120 "Lo,.I;s IT. & G
(Street, Block Number and Lot Number)
WILL YOU DE REPRESENTED DY COUNCIL?
YES____ NO~
==========================================================~=======
Below, please 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 infoL~ation you feel is pertinent zhould accompany thiz
application, and will be made part of this case.
See" ''(>xhibit A"
I
I
I
I
I
I
I
I
I TO TUE DOARD BY TUE ZONING DEPARTHENT STAFF o. .
I.. ,'rhp. ;>~.mkC;r cour,tya~d" p.r;oj ~c:ts ,into th(! ~i.de..:yard setbaclc,' CJl.cYr'J lQ \::1
I )i,-,X'~W(Q c,-,~'-\t~, '\?---\ c 0"'^-Lv4T c{((tc.qrJ'-T>; ,r,- J.C~ L!\fvuQ ~~l::>c t' L U 10 Y \J
I ~~. (-'ft:/2..(f)Xs) ~~tl^-~L.,",,~ '--~ ~.,\~~~~ ~ Qnl~tec 3 \J~,-",:-~l G"'" '?- .
I \'I,~'l[) A L s )~(lo~i.t,-- ~~AlCK-'-WJ. '-to-lJ l~~J,~,-l L(Jx- ("te.. )fl1..<l ~ f/~ttl~)
I ok... 't' uc l. --;; (j ~;""CL~ ~e~3c a.R~ J~ J<L+'\~''\'A''',~ lA..'-'. k -+:-. G.eL ,~,..tV\.Y'Lb<-'-O ~L'i J
Cl,^-,-~ (7-::lQ...d",. ~~v-- \. L"\J~~--J~Cf.(,~' \bLCJ.~Ln C.-<-IAC.\-<{,t E,
}l}-,((-'-~ -:s .\4- .~ Sc.. h,---tJ~ __ cy(/V~~~ (Q~ (LX all.<l .f-c~ iF. .
DATE PERHIT DENIED c;'/S"'!O ' OFFICIAL\1lW&1 .,' 0"; /.y~O
.ft: it. {}.-"^--} 4 fl (l 'Jk
DATE OF APPLICATION'I./'l"10 . HEA~ING. DATE ~T(JilJ!J/\ i ' "I.
}\..LC~~~---:--,\ c...... I'f~ 'JeVlA(L.v-..c.R.-% e>...OCtL" C'f-\L'L\L'-''l '--1C'v'1J) c.....,
.+e4.... >l ~ \ cVl2) S:C~~~!I . .
lIpplicant's
Signoture A~ tJ, ~
--------------------------------------------------------------------
REASONS FOR DENI~ OF DUILDING PERHIT, BASED ON TIill lISPEN CITY CODE,
ClffiPTER 24. AN OPINION CONCERNING TUIS VARIANCE WILL DE PRESENTED
I
I
i~.
"
~
o 0
NOTICE OF PUBLIC HEARING
CASE ~90-6
LEONARD GERTLER
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
anended, 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 Adj ustment 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 sericus
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: May 3, 1990
Time: 4:00 p.m.
Owner for variance:
Name: Leonard Gertler
Address: 14623 Hilltree Rd., Santa
Appellant for variance:
Glenn Rappaport
Monica, CA 90402
Location or description of property:
Block 120, Lots F & G, Waters Ave.
variance Requested: property is located in the R-15 zoning
category. Side yard setback is 10 feet. See 5-202 (D) (5) Aspen
Land Use Regulations. Article 3 Definitions-Yard A(5)
Projections into required yard (Aspen Land Use Code) Projection
may exceed 30 inch below grade if determined to be required by
the Chief Bldg. Official for window egress. Building code would
require 3 foot into setback. Applicant appears to be requesting
a 7 foot variance to all a greater than 30 inch below grade
courtyard in the side yard setback.
will applicant be represented by 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
I
.
I
\;"
-
"
o
o
Aspen Land Use Requlations
o Protect water resources by maintaining the natural
watershed, preventing accelerated erosion, reducing
runoff and consequent sedimentation, and eliminating
pollutants introduced into streams;
o Provide clean air by protecting the natural air sheds
and reducing pollutants;
o Maintain the natural scenic views;
o Encourage innpvations in residential development and
renewal to meet the growing demand for housing and
provide for efficient and attractive use of open space;
o Insure that affordable housing is constructed to
satisfy local needs;
o Insure that a proper balance is achieved between
tourist and residential housing;
o Permit a more effective use of land and a higher
quality of site planning; and
o Establish land use patterns that are compatible with
surrounding county Zone Districts.
Sec. 1-104.
Applicabilitv.
.'"1 /
-. /.
I " I'
I;
') , ,
I ....
B.
I i
\.
I ",
I
A. General apPlicabilitv. No development of land in the
city of Aspen shall be undertaken without prior
approval and issuance of a development order under the
provisions of this chapter and other applicable laws
and regulations. structures and uses existing after
the effective date of this chapter which are inconsis-
tent with the provisions of this chapter shall be
permitted only as provided in Art. 9 of this chapter.
To the extent permitted by state and federal law, this
chapter shall apply to all public bodies, districts,
and agencies of the federal, state, county, and city
government.
Exceptions.
1. Approved tniiidlnq-p;rmit. The provisions of this
chapt~r.and any~am~dments-h~~eto~shal~ not affect
the -va'iidity of ~'any buitdii'ig;;; permit lawfully
issued and effective prior to the effective date
of th"is chapter, if the permit does not expire
1- 2
I
I
I
I
Revisions incorporated
through August 14, 1989
I
I
I
I
I
I
.
o
o
Aspen Land Use Requlations
pursuant _tq- the ynUgrm-Building_code..;, In the
event, a buildiQg..permi t-_expires" then all further
development shall be in conformance- with the
requirements of this chapter.
2. Approved final development order. The provisions
of this chapter and any amendments hereto shall
not effect the validity of any final development
order lawfully issued and effective prior to the
effective date of this chapter, provided that the
final development order does not expire pursuant
to the provisions of the city of Aspen zoning or
subdivision regulations in effect immediately
prior to the effective date of this chapter. In
the event a development order expires, then all
further development shall be in conformance with
the requirements of this chapter.
3. Development applications and buildinq permit
applications. The provisions of this chapter and
any amendments hereto shall not effect the review
of any Development Application or Building Permit
application lawfully submitted prior to the
effective date of this chapter pursuant to the
provisions of the zoning or subdivision regula-
tions in effect immediately prior to the effective
date of this chapter. If the Development
Application is approved, it shall remain in effect
unless it expires pursuant to the provisions of
the zoning or subdivision regulations in effect
immediately prior to the effective date of this
chapter. In the event the Development Application
is denied or its approval expires, then all
further development shall be in conformance with
the requirements of this chapter. If the Building
Permit application is denied or expires pursuant
to the Uniform Building Code, then all further
development shall be in conformance with the
requirements of this chapter.
4 .
Amendment to final development order. The provisi-
ons of this chapter and any amendments hereto
shall not be applied to any proposed minor
amendment to a final development order approved
under the prior zoning or subdivision regulations.
The proposed minor amendment shall be reviewed
pursuant to the zoning or subdivision regulations
in effect immediately prior to the date of
adoption of this chapter. For the purposes of
1- 3
Revisions incorporated
through August 14, 1989
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, ~ /.(. K<-t7/?<:r/(rv....!.. , .being or representing
, ?T# v
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
Z)rd
'3 rc:.o
day of 4p~"1 , 19 10 to the
-,
I
day of rn1 19 k . (Must
least ten (10) full days before the hearing
be posted
for at
date) .
CEil. rt lilt
~.Z 1. fb
~ J. ~vt/~
Applicant's~ignature
Subscuiped and swo
this cY day of
19~y ~,
me
,
,.
Notary
Address
Brenda LYn Purcell
P.O. Box 1232
Carbondale, CO 81623
; .A~" .. "'.... "'T. F. "':" '*N* .S.~. ~ "'T' T' 'A'lIl 'It... *........ .......
:;;> f \. M~MO
TO: - " A~ ~ .rUt- .
DEPot........ ,,1 M - fAX #.~1'i?-C;. I p2G~;
fROM~PHONE?Q7 y.)~ :;"'th
CO, fAX.
PQlt.h"t)fj,nd lall 1r3'1Srr',ttal fn(lI'T1C 71571
Barbara C. LewIs
7575 Bately Ct" #6 (707) 823-5316
Sebastopol, Ca, 95472
May 3, 1990
Case -90-6
Request for Variance from the provisions of Zoning Ordlnace, Chapt
24, Official Code of Aspen.
j.~atlon: Blk. 120, Lots F & G, Waters Ave. zoned R- 15
Q:wner. Leonard Gertler, 14623 H1l1tree Rd, Santa Monica CA 90402
Board of AdJustm~,nt
130 South Galena Street
Aspen, Color.!ldo 81611
Dear Members of the Board of Adjustment,
I own Lots C, D, E ~ Blk 120, Waters Avenue, My land would be
directly affected by this requested variance on thewest side of lots
F and G, Blk. 120. Att~ched is a eopyof the plot pMn / requested
.from the architect, H"rry Teague & Irom whICh I make relerences
1 object to these variances for the following reasons:
The below grade courtyard would Intrude nearly the entire 10 ft of
the speCified set back., to be walled right up against my property.
AI,established 10 ft setback. space is a buffer between properties.
This Intrusion would lessen the visual appeal and the potential
value of my property. I believe It unfair to Impose In this way.
2. The requested variance would change the below-grade projection
from a depth of 30 inches below grade, a/lowed for wIndow
egress as est"b/lshed In the ollleMf code, Chapt 24 to a depth of
len._te.e.L( 120 inches) in order to allow for an additional
courtyard, not just fora window below grade..
3. This walkway, planned to run a length of 21 ft along my lot
line and i.t Is 8 ft wide, pluS. a retaining wall, to project
into the set-back area.
_ The heavy equipment needed to dig this deep trench along the
lot line would dIsturb my establ1shed lawn, trees and bushes. ThIs
would be an unnecessary dlsruptiorl and Impose on my rights.
_ Waters Avenue IS shaded by early afternoon In whiter, J n10ved
to Waters Avenue In /952 and I knoW It wel/.. ThIs deep pit /680
cubIc .feet below Brade, would be In shade nearly all the time.
- The bUlld-up of ICe and snow could cause perpetual problems. In
case there were need for service, all traffic would have to be across
the set back on my property as there 1$ no space on owner's land
utn:m&lY.'..Q.PJ:lose th~..r.l.alK~r~~J.l~<:Lln.C.Me *90-6..p~~.Q!.<~~11
1mPO$~ll.unn'i:<;;,~s~ary nl.!1s.ance.an.t;LbM.d.~lp~ to my..Dn).p~u..
Thank you for your consideration In thiS matter.
Sincerely yours, _> , , <> ,_ /'.'
At?.... I-.<~ ,( r:C' L, "';..ee,v.C-<l-..
Barbara C, Lewis
P,S. The plan suggests 3. "high" fence As I recall there Is an established
height limit on fences, In the Official Code, 1 request the height be kept
within these limits to allow some morning sunlight to reach my yard
/
"Exhibit A"
The variance requested is for a below grade courtyard that
extends 10' into the western side yard set back (from the
exterior wall to the property line).
The dimensions of this courtyard are to be 10' X 25' X 8' deep.
The courtyard is intended to serve the below grade Additional
Dwelling Unity (A.D.U.) as both entry and private outdoor space.
By allowing this variance we would be minimizing the circulation
conflicts between the Owner and the tenant on this small (6.000
s.f.) site in an area without an alley.
The size of the courtyard is felt to be necessary in order for
the tenant to bave sun and private outdoor space.
ANGUS- CAMPBELL. INC.
INDUSTRIAL PLASTICS
TECHNICAL ELECTRICAL MATERIAL
4417 S. SOTO STREET, VERNON (LOS ANGELES), CA 90058' (213) 587.1236. FAX, (213) 588.7816
MA Y 3, 1990
JAN CARNEY-CITY CLERK
CITY OF ASPEN
ASPEN, COLORADO
RE: ZONING VARIANCE, CASE ~90-5
DEAR MS. CARNEY,
WITH REGARDS TO THE ABOVE REFERENCED CASE, WE AS OWNERS
OF REAL PROPERTY LOCATEO AT 919 WATERS AVENUE IN ASPEN, 08-
JECT TO THE PROPOSED VARIANCE. SUCH A VARIANCE WILL ~REATE
A PUBLIC HAZARD AND POSE AN AESTHETIC NUISANCE. WE APPLAUD
THE PROPOSAL TO ESTABLISH EMPLOYEE HOUSING IN THE PROPOSED
STRUCTURE; HOWEVER, WE BELIEVE THIS CAN BE ACCOMPLISHED WITH-
OUT THE GRANTING OF THE PROPOSED VARIANCE IN A MORE AESTHETIC
AND SAFE MANNER THAN THIS- PROeOSAL..
RESPECTFULLY,
--J;u. .,71tw ~ {-
MR. & MRS. KENNETH CAMPBELL
919 WATERS AVENUE
/
,
HA'tdlY TEAGUE ARCHI1'ECTS
, 412 NORTH MILL STREET. ASPEN, COLORADO 81611 303/925-2556 FAX 303/925-7981
JOB: G~t~. W.
EVENT:
'1.0' ~5 Av-e. AS~l~'
DATE: l-j. 1"1. ~O
SUsJEGr: lit>f~ i.J~~-b ~~ .~S VI>'\.. V~.. P:,~.
l<,r-."
31t>tk. N_t;.. J.. $t-.4i'
CriVI\Pl.!> o..oI~.
AI-8
~Ol W~ IJ/~ UeclJn--..
74't 1/,.<>.- ~trJr\tl....",:fe
I'1"1J<Ld.... ~
p,.A.s V~k) fAf~.1 C~.?()Z.7q
t?O 907 w~s rs........c........ GI.V;S
Aft G
70S- ~~ ~-f
~.c kofot~) 0..... 't -S-~ 7 z..
I~o ~t1 W~S /~~ ('h_-t1#
Z. 7G c> A.€tJ ~ teal
'S'......... h1 ~b .I CA.. C; 1/ OJ-
t"l..o
c.De
, ~
j
f<:) L-
fr:L /j~
/3ox q,!~o
A~f4') ~. v./(,I'Z-
it I to!"- W~~ b &-....e..t.:.d-
7 ~ $'0 . In"""':" 'S.-t-
S""o. 1.J~-+f1""- J N.y. II'/of(
If' roo l.V.::t;.,s In D4. f..;.. S d. t ",-,t-e..y--.-
/30)(. z. 'Z- J
tvooery ~) Co 'rl(~(.
AI5( '-II
, )
100 os-
ACTION REQUIRED:
f), f'
\
'-..
"
r
HA'KRY TEAGUE ARCHITECTS
412 NORTH MILL STREET ASPEN, COLORADO 81611 303/925-2556 FAX 303/925-7981
JOB: G~t~s ~:~.'-'?.
EVENT:
DATE: 4 '/,\ .'10
SUBJECT:
L<>r"=>
g 4>c..k. l-/ rv...(,e,.J. '5f...LC:t-
~o9 Iw~S Aw.) A"~l Co.
~; ...,,/.I,.u.4.
J~/<.
ABC DE
" ", J
ACTION REQUIRED:
R.~S
e.oLS
II?
119
1/3
/11
b II 4Pl-6 e..J L. i ft~ ~ Grr,oPO ~ ~S
G / I w-UJ-t c:..;...,/J Ave
As jU->-.. ) G, ~ If, 1/
1~5f:J~ 4~~ I~~
'! ~ ~ e. I.J-c........-f s.-r
Ai~l Co 'FrUII
'101 /j~
'l/~ /j..- -..:I:-
"Z.7 ~i_
~.z- ~ w#.te....1
'It{o w~ .
Lth-.J-.. ~.J~ ~J"
9CJI [, lJ '-'-.....v-t. sT
A~r-l Co ~/("
to ~ ~ 1-1 ~ G-,....,.1....-.....;.~s
~z~ ~T:-e.-.-...1 ""-Co
0(.
'r"'Z,7 iAJ-eA-f~c1 ~
4...~ J C. rs-dil
<K~ ~.
'! lfo Cv~ Ak.
A<,~ J Cc fir'16 II
r
,... ;".
HAMYTEAGUE ARCHI1ECTS
412 NORTH MILL STREET ASPEN, COLORADO 81611 303/925-2556 FAX 303/925-7981
JOB: ~ [(,.,..c:. et.. t; ; 04.-...d..
EVENT:
10'1 wQ1e....~ Ave. J Asp-- Co.
DATE: 4 . /'1 . ~o
SUBJECT:
(...I>-r~ 'gLoc.li:: N_'--'" S~,) ~j ...I~.
j./',t: IZo ?l/wAt..$ 13~ L.etlc...,....,.;;;t.....
"~Ol( 'U.q
A'it-'; G... Cis-161'l.....
/C/I-,
40
1600 l.v~
S~ cte,
9 '10 l.v~
A "ru-- J (" .
AK
'ir1611
mrl-N
4()
10 'to lv~ 13 o~"""'1 L.- -rD.
')00 w,..-1" t4op/~{
A.".;~ .J U, '4-16/1
m,N.O
/1~
~/q ~S JJ01.-UW~ ~.
r 14 w ...feA..s .A lie
P.1~) ~. 'if/~/J
9 'Z-6 wda,.", ~ ~
7Z9 ff ~'1""''''''' A i/4!.
A~re-,.. J Co . 'irJ61l
f,;. Q Irr
ACTION REQUI ED:
7k '1.......1". '
G I 0 ~ l.v~5f" r:.....J2
/J...fU>- 1 Co ~1"/)