HomeMy WebLinkAboutlanduse case.boa.300W-Main.001-88
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CITY OF ASPEN
OWner:
'.?<~ r0 e..-
Address:
Phone:
Address:
Case No.:
-p.O "Dc)/. 1\:;)4'-r-
q;)5 3w~i\
If ;,:;>t 7 4-:3
kPirJC{)
Dat.?~
Appellant:
3WTT t CAflOlif\<:.., H J)ci"C~C~
Location of Property:3DO W ~AIN Sf
"h\(XX L/ l{ 0. 25
(Street and Number of Subdivision Block and'Lo~No.)
Building Permit Application and prints or any other pertinent
data must accompany.tbis application, and will be made part ~f
CASE NO.: ".
THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL
THE FACTS IN QUESTION.
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DESCRIPTION OF-PROPOSED EXCEPTION SHOWING JUSTIFICATIONS
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Will you be represented?by counsel?
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No
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(Applicant's Signature)
====================================--=========================
PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO
FORWARD TJI~ ~PLlCATION TO THE BOARD OF ADJUSTMENT AND REASON FO~~~~
GRAllT,;rNG:~";lo~ 'i"./O"~ '~ ~~
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Status
PERMIT REJECTED, DATE
APPLICATION FILED
MAILED
z.,l2-"\ lw-
,
~
<So .
gne
DECISION DATE
DATE OF HEARING
SECRETA..~Y
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80S e..to Main Street:
A_peo:>,. Colorado 81611
30"25';15973
.
BUILDING PERMIT APPLlCA- 'N
General
Construction
Permit
1
ABPEN.PITKIN
REGIONAL BUILOING OEPARTMENT
...~
NO.
4vJ
Jurisdiction of
Applicant to complete numbered spaces onlv.
JOB ADDRESS
1. t.
LEGAL LOT NO.
2. DESCR.
OWNER
3.
CONTRACTOR
4.
ARCHITECT OR DESIGNER
5.
ENGINEER
6.
USE OF BUILDING
7.
BLOC K TRACT OR SUBOIVISION (U SEE ATTACHEO SHEET)
MAIL ADDRESS '" PHONE
)
MAIL ADDRESS PHONE LICENSE NO.
/
,
MAIL ADDRESS PHONE LICENSE NO.
MAIL ADDRESS PHONE LICENSE NO.
6. Classotwork:
oNEW
P. ADDITION
o ALTERATION
o REPAIR
o MOVE
o WRECK
9. Change ot use from
PLAN CHECK FEE
PERMIT FEE
TOTAL FEE
Change of use to
Typ., 01 CO''lSlrllelion
Oeeuoaney Grouo
LolArea
1 a.Valuation ot work: $
.,
11. REMARKS:
S'leol Build,n,;!
(TOlal Square Ft.)
NO. 01 Sto""s
M,".0ee.Load
7
NO_ OF BEDROOMS
EXISTING ADDED
Use Zon..
Fi,eSorinlClers ReQuired
DYes 0 NO
..<l,PPLICATION ACCEPTED
No. 01 Ow.,1l4nq UJ>ih 1
OFFSTREET PARKING SPACES,
Coverfll
Uncovered
Special Approvals
REOUIRED
AUTHORIZED BY
DATE
ZONING
HEALTH DEPT.
PLANS CHECKED
SOIL REPOAT
BV
BV
BV
PARK DEDICATION
DATE
DATE
DATE
WATER TAP
NOTICE
SEPARATE PERMITS ARE REoLi'i'R"ED FOR ELECTRICAL, PLUMBING,
HEATING, VENTILATING OR AIR CONDITIONING.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION
AUTHORIZED IS NOT COMMENCED WITHIN 120 DA YS, OR IF CONSTRUC.
TION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120
DAYS AT ANY TIME AFTER WORK IS COMMEN.CED.
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION
AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS
P,ND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH
WHETHER SPECIFIED HEREIN OA NOT. THE GRANTING OF A PERMIT DOES NOT
PRESUME TO GivE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF
ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PER-
FORMANCE OF CONSTRUCTION.
ENG_ DEPT.
FIRE MARSHALL
OTHER (SPECIFY)
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THIS FORM IS A PERMIT ONLY WHEN VALIDATED
WORK STARTED WITHDUTPERMITWILL BE DDUBLE FEE
I
SIGNATURE OF CONTRACTOR OR AUTHORIZED AGf.NT
IDATE}
SI NATURf. Of OWNll'l IF OWNER ~UILOER)
DATE
PERMIT VALIDATION
CK.O
M.O.O
VALIDATION
CASH 0 PLAN CHECK VALIDATION CK.O
M.O.O
CASH 0
WHITE _ INSPECTOR'S copy YELLOW - ASSESSOR'S copy
PINK - BUILDING DEPARTMENT FilE
GOLD - CUSTOMER'S COpy
NOTICE OF PUBLIC HEARING
CASE '88-1
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT
TO ALL PROPERTY GlNERS 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, then 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.
The particulars of the hearing and of the requested variance are
i as follows:
Date and Time of Meetinq:
Date:
Time:
March 31, 1988
4:00 p.m.
OWner for Variance:
Appellant for Variance:
Name: Scott & Caroline McDonald
Address: Box 11347
Aspen, Colorado 81811
Scott & Caroline McDonald
Location or description of property:
Location: 300 W. Main Street
Variance Requested: Property is located in the .0. Office Zoning
category. Rear yard setback is 15 ft. Side yard setback is 5
ft required. Applicant appears to be requesting to encroach into
the rear yard setback with an addition by 9 ft 10 inches.
Will applicant be represented bv counsel:
Yes:
No: X
The City of Aspen Board of Adjustment
130 South Galena Street, Aspen, Colorado8161l
Remo Lavagnino, Chairman Jan Carney, Deputy City Clerk
LETTER TO THE BOARD OF ADJUSTMENTS;
FROM SCOTT AND CAROLINE McDONALD
SCOTT AND CAROLINE McDONALD REQUEST FROM THE BOARD OF
ADJUSTMENT A VARIANCE FOR A REAR YARD SETBACK FROM 15 FEET
TO 5 FEET FOR THE PROPOSED LIVING ADDITION TO 300 WEST MAIN ST. ,
REFERENCE SITE PLAN,REV.C.
CURRENTLY A SHED BOARDERS THE ALLEY AT A 5 FOOT SET- BACK.
REFERENCE ATTACHED SITE SURVEY.
BASIS FOR REQUEST OF SETBACK VARIANCE
PRACTICAL DIFFICULTIES
ADDITION BUILDING LINES ARE DICTATED BY;
1- SPRUCE TREES; THE PROXIMITY OF THE 5 MATURE SPRUCE
TREES RELATIVE TO THE CABIN DICTATE THE EXCAVATION
LINES OF THE CABIN ADDITION.
- ASPEN PARKS DEPT. SUPERINTENDENT BILL NESS, RECOMMENDS
A MINIMUM OF 6 FT. FORM THE DRIP LINE. REFERENCE VISUAL
AID 1.
2- HPC LIMITATION;
THE ripe HAS IMPOSED OFFSET REQUIREMENTS FOR THE
ADDITION RELATIVE TO THE CABIN TO ASSURE THE CABINS'
ARCHITECTURAL IDENTITY IS MAINTAINED. REFERENCE SITE
PLAN REV.C
3- CARIN LOCATION:
THE CENTRAL LOCATION OF THE CABIN RELATIVE TO THE SITE
(LOTS Q,R,& S) DICTATES THE ADDITION LOCATION.
HARDSHIP
1- A 9000 SQ FT. "0" ZONE OR DUPLEX BUILDING SITE WITH
ONLY A 1280 SQ. FT. LOG CABIN IS ECONOMICALLY UNSOUND
FOR THE McDONALDS TO MAINTAIN.
2- THE CABIN AND THE UNIQUE CHARACTER IT GIVES TO THE
TOWN CAN BE PRESERVED PROVIDED AN ECONOMIC INCENTIVE
EXISTS.
3- THE LIVING ADDITION TO THE CABIN WILL ALLOW THE CABIN
TO BECOME A RESTAURANT AND A LIVELIHOOD FOR THE
McDONALDS.
4- THE 5 FEET REAR YARD SET-BACK WILL GIVE AN APPROXIMATE
18' (EXTERIOR) WIDE BUILDING STRIP TO BE USED FOR A
GARAGE, 3 BEDROOMS, AND A FAMILY ROOM FOR THE McDONALDS
WITHOUT THE REQUESTED VARIANCE THE ADDITION WOULD NOT
BE REALISTIC AND THE ECONOMIC INCENTIVE FOR PRESERVING
THE CABIN WOULD NOT EXIST.
REQfJEfiTORS AND OWNERfi;
ADDRESS:
ZONE DESIGNATION:
CONDITIONAL USE REQUEST:
RESTUARANT PARTTrur.~
Scott and Caroline McDonald
300 West Main St.
Block 44, Lots Q,R,S.
OZone.
Restuarant in Historic Designated
Structure.
~: 1400 sq. ft.
Seatin!,,: 50.
~: Low/moderate cost family food.
BaJ::: Yes
AmbiancA: Rustic Log interior.
Operation: Possible 3 meals/day
Public Acces~: Original structure
Historical designate.
Operated: By owners.
VISUM, TI1PACT TO SURROUNDING PROPERTIES: Minimal for the
following reasons:
ODen space:
Large open space ratio:
6100 sq. ft. for a 9000 sq. ft.
parcel. Open space boarders 2nd and
Main Street.
Trees: Five existing large spruce
trees shall remain.
Livin~ addition:
Morlest size (exterior areas):
Owners living space: 1892 sq. ft.
Owners garage: 270 sq.ft.
Restaurant Area: 144 sq. ft.
Buildin~ materials:
- 1st floor: Log with chinking same as
original.
-2nd floor: Balloon frame with
lapstrake siding (stained grey).
-Trim; off-white
-Windows: True divided light.
Adrlition roof lines;
Addition roofline is offset from the
original structure's roof line
to maintain the identity of the
original structure. The addition roof
elivation is the same as the original
structure's,19'10"above grade. This is
low compared to the Elisha carriage
house, 34'6" above the original
structure's grade.
Adrlition fronta~e; Main St. ;21 ft. ,2nd St.; 18 ft.
PUBY, IC IMPACT:
Pedestrian Circulation:
Vehicular Circulation:
Impact minimal. Ref.site plan.
Impact minimal,some extra
traffic from Main St. to 2nd.
ParkinK: Impact minimal.
- Existing street parking has
low useage, potential, 8 spaces.
- Possible additional 2nd St. off
street parking spaces,ref.site
-Proposed off-street parking: 6
spaces,ref.site plan.
Trash: - Dumpster located off the alley
in the garage.
- BFI recommends 2 yd.
dumpster,ref.site plan.
Service Deliverv: - Off alley, delivery chute to
basement.
- Off alley access to restaurant
through garage.
Noise: Minimal impact:
- Slight addtion to Main St.
tl."affic n.:,is8.
- Log walls minimize sound
transfer.
Odors: Minimal impact.
PUBLIC FACILITIES:
- Char-broiler supplied with
electrostatic condenser,
minimizing particle ladened
smoke.
- Fire hydrant exist on the corner
of 2nd and Main St.
- Bus service.
Walking distance, within six
blocks of downtown.
- Restaurant public facilities per
state and city codes.
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MAIf,1 S T
IMPROVEMBHT SURVEY
Lots Q, R, and ~, Block 44, City
and Townsite of A~pen, County of
pitkin, State of Colorado.
(300 ~. Main St., Aspen, CO 81611)
SURVFYOR I S STATE~1ENT
I, JAMES ~i. SEXTON, STATE THAT THE HIPROVEMENTS ON THE ABOVE-DFSC~IBED "IIR-
CEL ON THIS DATE, OCTOBER 7, 1987, EXCEPT UTILITY CONNECTIONS ARE ENTIRELY
I-nTHI"l THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOUN, THAT TllEPE A~E NO
ENCROACmlENTS UPON THE DESCRIBED PRE~nSES BY IMPROVEMENTS ON A~;Y IIDclOINING
PREMISES, EXCEPT AS INDICA1'ED, AND THAT THERE IS NO APPl\RENT E\'IDE"lCE OR
SIGN OF A'ilY EASEMENT CROSSING OR BURDENING ANY Pl\~'!' OF SAID PArCEL, EXCE"T
AS NOTED.
I FURTHER STI\TE THIS MAP AND THE SURVBY ON I'~HICH IT IS BASED ~]f.RE '1I1DE IN
ACCORDANCE InTH 1'HE MINIMml STI\NDARD DETAIL REQUIRE~1EN'l'S FOR nPROVEME~lT
SURVEYS JOINTLY ESTABLISHED BY AND ADOPTED BY 1\.1'..1\. AND A.C.S.tl. I~l 1962,
AND THAT THIS 'lAP WAS PREPARED FOR 1'1. SCOTT MCDONALD AND M. CArOLINE
!ICDONALD FOR THE USE OF STEWART TITLE OF ASPEN.
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1. Survey was based on monuments at the intersections of. 1st and ~lain Street
and 3rd and Main Streets, which Vlere field-checked and found to be
sUbstantially correct. ~\\"\I\\lIl1l11/{,/{",
A:~" ~\~RRr.N ,t/q,
2. Chiseled "X" at southeast corner of proper tv is e.ic'l:'\';1:'e1tl::i5r.g~~~~$eet from
;! true proper ty corner. ~~ .~...", 'r::. ..-v'%
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BY: ". "I. ~: '
05ames \"~:'~,ei\,,l'l~ni> \P~F C'
';';z 0 .",.."" \'\ ::f'
, ~~71' r. COLO~",\-$'
Job umber: 7'1;!I.)JilJbl\\il\~\-10S-85
NOTES
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611
March 21, 1988
Mr. Remo Lavagnino, Chairperson
Aspen Board of Adjustment
city Hall
Aspen, Colorado
RE: 300 W. Main st. Encroachment in Rear Yard Set-back
Dear Remo,
I am sending this letter to you on
Preservation committee pursuant to
Municipal Code, as amended by Ordinance
section reads:
behalf of the Historic
section 24-9.8 of the
11 (Series of 1987. The
"The Board of Adjustment shall not take any action on a
variance request for development in the H. Historic Overlay
District or development affecting a Historic Landmark,
without receiving a written recommendation thereon from the
HPC."
The Historic Preservation Committee granted conceptual
development approval for Scott and Caroline McDonald's plan to
build an addition to the log house at 300 W. Main Street on
February 9, 1988. Their project entails historic landmark
designation of the property and the preservation of the forty
year old house.
HPC has held three meetings on the McDonald proposal and
continues to have concerns about several design features,
including fenestration, roof types and massing. Please note that
it is possible that if a solution is not reached at our April 12
meeting, that the conceptual approval may expire. However, the
proposed location of the addition is principally acceptable to
HPC. The reason is that building an addition to the back of the
original structure is more historically and architecturally
compatible than any other approach considered.
The McDonald's general approaCh is reasonable in terms of
historic compatibility. We believe that the intended size and
location of the addition do not necessarily overshadow the
existing house or neighboring historic structures. Furthermore,
the major spruce trees on the property would be threatened if
development were located more to the east and south; and HPC
finds those trees to make a major contribution to the historic
character of the property and Main street.
,
Page 2, Letter to Remo Lavagnino
We believe that the intention to save the historic log house
presents a major difficulty for the applicants to design an
addition conforming to the rear yard set-back. HPC recommends
that the Board of Adjustment grant a variance for encroachment
of the proposed addition resulting in a minimum rear yard set-
back of 5.2 feet rather than the required 15 feet.
For your information, Ordinance 42 (series of 1987) created
historic incentives including the ability of HPC to allow
encroachments into set-backs and limited enlargement above the
allowed FAR for historic landmarks in the R-6 and R-15 zone
districts. Please be aware that HPC will be using this authority
to allow variations from these requirements when it finds that
such variations are more compatible for historic residential
structures than would be compliance. Because the McDonald's
property is in the Office zone district, HPC is unable to grant a
variance; and the Board of Adjustment must decide the case. For
the reasons given above, HPC would have allowed the encroachment
if it had the authority to do so.
sincerely yours, ~lA
Bill Poss, Chairp:l~:~'
Aspen Historic Preservation Committee
sb.300b
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PROPERTIES ADJACENT TO 300 WEST MAIN ST.
BLOCK 44 LOTS ABCDEFGH&I RUTH WHYTE
P.O. BOX 202
ASPEN, COLORADO 81612
ELISHA, SVEAF, ESTATE OF
315 MAIN ST.
ASPEN, COLORADO 81611
F ASHING CO.
232 W. MAIN ST
ASPEN, COLORADO 81611
N. DEWOLF
233 W. BLEEKER
ASPEN, COLORADO 81611
H & K COORDES
233 W. MAIN ST.
ASPEN, COLORADO 81611
BLOCK 45 LOTS DEFGH&I THE ASPEN CONDOMINIUM
HOME OWNERS ASSOC.
311 W. MAIN ST.
ASPEN, COLORADO' 81611
BLOCK 44 LOTS NO&P
BLOCK 51 LOTS KL&M
BLOCK 51 LOTS AB&C
BLOCK 52 LOTS ABCD&E