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Home My WebLink Aboutlanduse case.boa.935Gibson.002-88 . , crTY OF ASlll'- Date: ~~ 4- P 8 B I" li..a ry f i,l 988 Case No.: Appellant: Michael W. Morqan Miriam E. Harthill Add ress: 93"5 Gibson Avenue same Phone: Address: 920-1492 ONne r : same Location of Property: 935 G::'bson l\vcr.lue, l'..spen, Colc:.:"c:co 81611 See ~ttached lcaal description (Street and Number of Subdivision Block and Lot No.) Building Permit Application and prints or any other pertinent (lata must accompany.'"this application, and will be made part 9f C:A S E NO.: -' ; THE BO^RD WILL RETURN THIS APPLICATION IF I'!' DOES NOT CONTAIN t\IJL TilE FACTS IN QUESTION. DESCRIPTION OP- -PROPOSED EXCEPTION SHOrL1NG J~FlCATIOt~S , ,,'. I See attached description of proposed variance and related documents. \ . - ( counsel? ~ rYes x No (Applicant's Signature) _____====F:~h~>>-LL~'t==€1~:~~=~========= PROVI~5IO!~S OF THE ZONING ORDINANCE REQOIRIl~G THS BUILDING INSPEcrOR TO FORWJI.rm TBlq~ ~ICATION TO THE BOARD OF ADJUSTi"U:;h"l:.' l\ND REASON FOE NO'I' GRA!lTI~G: ~~.tP LQ~ ~{4 \R-lS Pr- ~ C~ J LDr- S~ '-0 l ~\~'71 ~ \ S.a.v 'JL{-> , l.-I -tWa. .(.-€>~~~_ ' C>) ODD P ~ ~, · .~~\))~~ ~ ~ ~/k ~~ ~~.O-~~J~'~~\J~ _L&" _ Status PERl.1Il' REaEC1'ED, DATE APPLICATION FILED MAILED ~ --------~-_._,- -----.-.----------..-..--. 7/>/ rr DEe I S I 0 t-J . DATE DATE OF HE4\1~I~:G SEe !~ E l' t\! \ Y NOTICE OF PUBLIC BEARING CASE 188-2 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OW"NERS AFFECTED BY THE REQUESTED ZONING OR USE V lANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as am nded, a public hearing will be held in the Council Room, City Ha 1, 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 pr visions of the Zoning Ordinance, Chapter 24, Official Code of As en. 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 st te your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious co sideration 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 as follows: Date and Time of Meetin : March 31, 1988 4:00 p.m. Michael W. Morgan & Miriam E. Harthill Aooellant for Variance: Michael W. Morgan & Miriam E. Harthill for Variance: Location or descri tion of : Location: 935 Gibson Avenue V riance Re nested: Property is located in the R-15A zoning category. Lot size is 10,479. Sec 24-3.4 area & bulk requires 15,000 sq ft for a duplex. Applicant wants to convert the single fa ily residence into a duplex thus requiring a variance. Will a licant be re resented b counsel: Yes: X No: The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado81611 Remo Lavagnino, Chairman Jan Carney, Deputy City Clerk ATTACHMENTS TO APPLICATION FOR VARIANCE MORGAN IHARTHILL 1. Affidavit Regarding Title 2. Supplement to Application for Variance 3. Rejected Building Permit Application 4. Building Permit Application with attached plans 5 . List of Adjacent Property Owners 6 . Plat of Subject Property AFFIDAVIT REGARDING TITLE STATE OF COLORADO ) ) SSe COUNTY OF PITKIN ) I, RICHARD Y. NEILEY, JR., being first duly sworn, upon oath, state and affirm as follows: 1. I am the attorney for Michael Morgan and Miriam Harthill, who are the owners of the property described in Exhibit "A" attached hereto. I have personally reviewed the real estate records and the re- cords of the Pitkin County Tax Assessor and have determined that the above persons are the owners of record of the property located at 935 Gibson Avenue, Aspen, Colorado 81611. 2 . The property located at 935 Gibson Avenue, Aspen, Colorado is the subject of the owners' Application for Variance. 3 . In reviewing the real estate records maintained by the Clerk and Recorder of Pitkin, it appears that the property in question has been subdivided since at least February 3, 1966. The property was originally included in certain mining claims in existence substantially before 1966. 4. By Quit Claim Deed dated February 28, 1973, the then owner of the subject property, Top of Aspen, Inc., conveyed to Pitkin County a sixty-foot right-of-way for Gibson Avenue. The conveyance of that right-of-way divided the property into two parcels, now known as Parcel 1 and Parcel 2. 5. Although the Gibson Avenue right-of-way is sixty feet in width, the actual road as physically constrlWted as a width of only twen- ty-four feet. / II FURTHER AFFIANT The foregoing Affidavit Regarding Title was acknowledged and signed before me this l!f!!-day of March. 1988, by RICHARD Y. NEILEY. JR. WITNESS my hand and o!!icia) se~l. My commission expires:..!.?1 / 4/ g-~ /1 Ill."t/ > , I,; .,./ .,. ",,' No ary PublIC , i , f t t' I !, -. 0 --......~ . -!r't'J.-- .AU,t;.~~l~:U_ ..~~' _ ._ .;-_...._ !QM 4r".~ ~if 5U !X!~.!!' l!.: ^ · '.l'~~ 110. 1, A ,.reel of lllnd .i tUlIted in tho SOlltl,,,,c!: t on"-'lll.trter of thr ~o"t!"!,'At one-qu..r tel' of See t!0II , 7 I Township 10 South, Ranqe /1.1 W.,IIt of tho 11th P.M., dChcrih"d II' fOllow.. BeGI..JIIG .. t .. poin t on 11 nn !J-10 0 f "',. .1C t II n' 1\ """'" Town.i 1 ,. lid Ii tI on ..hence corner No. 11 of ...id Tract II bean South 7<)0 21' 12" West 82.80 fcet ,1n" whence the center one-.uai tor Corner 0 f ".1 i d !l('ct In" 7 hr.11" No r t h OIP 06' 04 - Wt": t. ,1\" 2 . 70 foe t 1 thencn 'outh'2JO 44100. East 80.31 f~Cl; tMnoe H.93 feet 1I1o~9 the IIrc uf n ('\Irve t.o th" , iqht h.win" n r.ulluII of 355,57 feet. u.. ....rd 0 f ..hi ch curve bell rll tIn r lh II'," ) 9 · (1'1" N..... t (,n.,,:! r rco t. ; t~ North 340 4'1' 4)" "allt 35.2'1 I...:L Lo tht: j'..illt ot Uc.,illnlr../. i " "f r ~, .... .180 ~ ...'~ L ~Anal ~. 2 " .....1 of land .itulIted in the !.o\lth....st one-'IU.u.tel' of th.. Suutheact one-quArt.:r ."; ~U._ 7. Township 10 Sout". ",11."" .." Ht!s t.: of thc 6th r. ~1.. ""scr I bed ... follow., ~IIIG At a pc.int on line 9-1" .. ( 1 ",l(' t II "f lI"p...n TOWn:. i le IItl<ll Uon ..tended . '''',*t.,rly whence corner.,Iln. 11 ..f ',,';.1 T','<:L ^ bco;trr. N<\rth rP 11' )7- lfo.t ....,f... t..t ..""....hence the cent", CO"~,. I" .,.t':r ("()rll<'" ot ..Jill S..o::t Inn 7 hear. Nor!:h ~:ao' 14- w..~ 2113.51 feet; .... · ill." toot 1I1onq the iln of .1 Clll'v,' to Lhe rll/ht havin') :t I'adlu. of 29S.57 1 ~t,'the o:hord of '.;;,ich ':urvn ."'" . r;nuth )I" \1' ',," F;/t"t. 10'1.1\1 refit, ..'..........&." ,,0 0;' 00" "ust U.,',-11 fc.',ot; ~ ~th 140 47' 4.1" Ea,,' ')'. ./,., f....' I.~ / h.- 1'" i III or rl(oq lIull"'J. l ..tal 0' .a.o". parcl) b be i '" in I'..... II County. Cn lu r .1<10 . ! '::( . . , 'I fl. ',,: : :. . ...' . ~" : .. .f- , i I t f --- ...----.:"~~.---"-----------._.,-- ............--- --,-. Screft 81811 BUILDING PERMIT APPLIC ## '~ON ABPEN.PITKIN REGIONAL BUILDING DEPARTMENT. General Construction Permit 1 Jurisdiction of Applicant to complete numbered SP8ces only. Joe ADDRESS 1. 935 Gibson I.venue. Aspen, Colorado 81611 LEGAL I LOT NO. 18L~CK', _\ TRACT OR SUBDIVISION 2. Ot:SCR. see attached OWNER MAIL ADDRESS 31M. Morgan/M. Harthill c~ -'LY 0:: Asp~n No~18~5 .. (U SEE ATTACHED SHEET) ZIP PHONE 920-1492 4. ~V\e< 935 Gibson Avenue, Aspen, Colorado 81611 'MAiL. ADDRESS PHONE, LICENSE NO. ~fi\ n~ l~bS7 - . I n_ 3 .3.,CS& -..J I H' ~ ~ U l~) VALIDATION CASH 0 PLAN CHECK VALIDATION CK. 0 CONTRACTOR n/a . ARCHITECT OR DESIGNER 5. n/a MAIL ADDRESS ENGINEE~ 6. n/a ,MAIL ADDRESS USE OF au t LO. NG 7. resicential 8. C18SS of work: oNEW o ADDITION ~ ALTERATION 9. Change of use from single family Change of use to duplex 10.Valuation of work: $ 25 C · 00 11. REMARKS: ~.nn' .; ,.."nt seeks to close off an exis~ing doorway by insulatee double 2 x 4 stud wall~ith 5/8 drywall anc insulat.ion. ~__ .....J..__1.o.._~ _'~"""'rJ -.......... -- I;: ~PPLICATION ACCEPTEQ PLANS CHECKED APPROVED FOR ISSUANCE BV ~ DATE 3- ~ ...~<6 8" BV DATE DATE NOTICE SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING, THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS, OR tFCONSTRUC. TION OR WORK IS SUSPENDED OR A'BANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COMMEN.CED. t HEREBV CERTIFY THAT I HAVE READ AND eXAMINED THIS APPLICATION AND KN~ THE SAME TO BE TRUE AND CORRECT, ALL PROVISIONS OF LAWS ~,ND OF}61~ANCES GOVERNING THIS TYPE OF WORK WIL:-L BE COMPLIED WITH WHETHER ~ PECIFIED HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT t~fI~~~~r~~~\~1~IllXA~J~:;~J(f !iJJiit;:.Owy\~OAGENT ) , lOAT' ~IGNATURE OF OWNER (IF OWNER ~Y!,l:,DER) (DATE) PERMIT VALIDATION M.O. (J WHITE - INSPECTOR'S COpy . YELLOW - ASSESSOR'S COpy PINK :- BUILDING o"EPARTMENT FilE GOLD - CUSTOMER'S COpy CK.D A/u~' If) fl:Jdf/ ~I( /I J(.." IW II ~-n P-A ~,.l~ IA 1{7~~ ~ I - h v.. v ( ! J' .~ / ~ . -I:j { ~ f" 11 t~J..-,. ~ ~'1'1 ~... , . - ~ "'. ,:.. _~ _ ~_. - t [I ~ IV" .. ~ I ... ...!I.~. .11 ~.. . I~ ~U.^.' ./ tlv...J ,,~~~ THIS FORM IS A PERMIT ONLY WHEN VALIDATED WORK STARTED WITHOUT PERMIT WILL iiE'DO,UB4E FEE o REPAIR- PLAN CHECK FE~ ,CJ..1~ Type of Construction Size of Build,no (Tot.., SQu.a,e Ft;) NO, OF BEDROOMS EXI~TING I ADDED No, of Dwelling Units Special Approva" ZONING HEALTH DEPT, SOil REPORT PARK DEDICATION WATER TAP ENG. DEPT, FIRE MARS.HALL OTHER (SPECIfY). PHONE LICENSE NO. PHONE LICENSE NO. o MOVE o WRECK IPERM..IT. .FEE . Is. 00 I TOTAL FEE LotAr.. Occ~p.ancy ~roup No, of Stories Mol.. Oce. LO.d Use 20n. . k o 'r \ ~~ l.> Fir. Sprinkle" AeQu.red o Ves 0 No QFFSTREET PARKING SPACES:. . Co..rod I Unco..red REOUIRED AUTHOR 'ZED IY DATE M.O. 0 C~SH 0 soa Ea.t "-~.in Street A.pen, Colo.....do 81611 303/925-55173 tiUILUU\lu t"'t:HMll A~tlLI(;/.ION ASPEN.PITKIN REGIONAL BUILDING. DEPARTMENT General Construct ion Permi t 1 Jurisdiction of Applicant to complete numbered spaces only. JOB ADDRESS 1, 935 Gipson Avenue, Aspen, Colorado 81611 LEGAL I LOT'" O. BLOCK I TRACT OR SUBDIVISION 2, DESCR. see attached OWNER MAIL ADDRESS 3.M. Morgah/M. Harthill Ci ':ry 0'-: Aspen NO~ 1815 (U SEE ATTACHED SHEET) ZIP PHONE 920-1492 CONTRACTOR 4, r: / a ~l' c.)...? V\ -e. ( MAIL ADDRESS 935 Gibson Aven~e, Aspen, Colorado 8:611 LICENSE NO, ARCHITECT OR DESIGNER MAIL ADDRESS 5, n/a ENGINEEF3 6. n/a MAl L ADDRESS USE OF BUILDI NG 7, resicef1tial 8. Class of work: o NEW o ADDITION ~ ALTERATION 9, Change of use f om single family Change of use tl duplex 1 a.Valuation of wl~rk: $ 250 · DC 11. REMARKS: P.Iooolicant seeks to close off an exis~ihg doorway by insulateG double 2 x 4 stud wall~ith 5/8 drywall and insula~ion. c,..._ ....."- ..._""'.....~ .......1 ~"'~ ....-- 1/:'----- APPLICATION ACC .PTED PLANS CHECKED APPROVED FOR ISSUANCE BY BY BY DATE DATE DATE NOTICE SEPARATE PEF MITS A.RE REQUIRED FOR ELECTRICAL, PLUMBING. HEATING, VEN ILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED I p NOT COMMENCED WITHIN 120 DAYS, OR IF CONSTRUC- TION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY liME AFTER WORK IS COMMEN.CED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KN~ THE I>AME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS J).ND OROI ANCES GOVERNtNG THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER PECIFIEO HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME O. G,. 1\ E AUT.HORITY TO ~ ATE ORI CANCE.L THE PROV./SIONS .OF ~)1 ~TH Dt;C~S~R LO(~ LAt'D G WLATIN1C1N:TRUCTlON OR THlE pr' lilA/rutt ~ ~r) .J IU ! ) WI 1\ ~1-1 b fiJ1ii~~:oWY\ V:;;O AGENT J ' IOAt~ SIGNAT!JRE OF ONNER (IF OWNE._~_!!~.lLOER) ._____._(DATEl PHONE PHONE LICENSE NO. PHONE LICENSE NO. R EPAI R o MOVE o WRECK PLAN CHECK FEE I PERMIT FEE I TOTAL FEE Lot Area Type of Construction Occupancy Group Size of Building No. of Stories (Total Square Ft.) M~)(, Oee, Lo~d NO. OF BEDROOMS Use Zone EXISTING I ADDED Fire Sprinklers Required DYes 0 No No. of Dwelling Units OFFSTREET PARKING SPACES:. Cove'ed I Uncove'ed Special Approvals REQUIRED AUTHORIZED BY DATE ZONING HEALTH DEPT. SOIL REPORT PARK DEDICATION WATER TAP ENG. DEPT. FIRE MARSHALL OTHER (SPECIFY) THIS FORM IS A PERMIT ONLY WHEN VALIDATED WORK STARTED WITHOUT PERMIT WILL BE DOUBLE FEE PERMIT \ ALIOATION CK. 0 M.O. 0 VALIDATION CASH 0 PLAN CHECK VALIDATION eK.O CASH 0 M.O. 0 WHITE - INSPECTOR'S COpy YELLOW - ASSESSOR'S COpy PINK - BUILDING DEPARTMENT FILE GOLD -CUSTOMER'S COpy 1 . IN. t f ~ f ~ i i ~'. { ~ ~ i . t f~ ~ s.1 , EXI sri 106- - I I ROOF OVE~AAtJEr J. f ! ! -.i t ~ f ~ I t , - - -. . '1 1 ________,........~-.............''''...,..--. v 1'Glll ...~~....._.-....::_,_......"...u.J .".".... ...... ~- ~'>lr,,,. t . ~~ t .'~ :~~~ , . ~l ~!. ~"J ; ';:) ~." r l ~:' .~~ K/ i !~. .~f llItL l T'i i,~ ~f --..... .. 1:<;1 · ~l. ,~ ~~ .~ 1- ~! )/"~ ~ f<~~ F3. 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" ~J '; H u \ ~: /-.~'., ,""'..>'1 -, '!":> \.. "!. t'<'~~"':l ~ f r~VC> ~~ ~~.! . '~'I r-'.~. ---'-' ~. '! ~ .~... \..1 " :, ~ r~/ \ sTf;? ~ "! K/ ~ p .! t,.."i. . J~l t - - _, S~~f --Tll. A\ L ~jll f QQll f~R\ut~ '1~1 ~ .-;2., 'b_:::_.. '~.~~_-x..l.. ,1 ~H, / "I .' \t-'(<1 . b~b' .~ ~~\' . I ~. ',~~., .~~,~ ~. c;,_.._.~". ......- ~~ ' ...l k::~j~.. '.; .~ . ,~,~~~.~. : J 3- . ~t_ __ t.. _ .__. ~'. 1 .. ~.., \s.l ~~J.1lt, a~+ st\J~ w~ll: 6;/~ J.r~w",-l\ wi~ t I ,",s u l~,"t l LrV\. .,' N c) E /afr ICe{ ( if P I u M.0 ( i\.9A . .J. I.. f?-AN6b ,0 lJ)e: Z!" YrA~D. .-~,:!_::,,4-:_O:= ~~~~. , . ~ , -----~....--~-- \:"" - --:---:::----' \ "- \ ... " I , ROOF OVE'~AAt.J6- ---- - - ~ .... - --........- --.- - '~~~~,-~....--.3 '-0" ~\ :~<<.,>~. . ~.. .' - ~~...A-~ '_ .............................,....'-....------~t ,i~__~-,~ ""'OOD ~. ;r)'J~ r) ,~ 0 r',J-, r-: :_'1 i' t\ t ,.,. ~ ~ -- ..., .' ...., ~ A j r.l ~ f' (.. i;,.- " ' .. '\ . - '\.'." I ,{ -.. ~~ ~--:' i ~ ~, ;..... ~ '\, :J '__I: , -...... -_...~. ..'" 5 "-.5 ~, cij.. ---.- .. _:-R:::;:.:s::2j~..-~:-t--- ..:- ... j . i J I . ..... ........... ...-...........--.- County of P i t~ State of Colo;rado ) ) SSe ) AFFIDAVI' 'F NOTICE BY POSTING OF A VARIANC~ HEARING BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT (Pursuant to Section 2-22(c) of the Mu~icipal Code) The undersigned, being first duly sworn, deposes and says as follows: 1. , !=>eing or I, RICHARD Y. NEILEY, JR. (print name) 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 t.he 20th day of March , 19 88 ,to the 31st day of March , 1988". (Must be posted for at least ten (10) full days before the hearing date). SUbscri7be~ a d swor~ tq before me this ~" ~ day of LfYlCth.-d , 19~, by e/r:I?4(iT y. JVe.i/~';r . WITNESS MY HAND AND OFFICIAL SEAL. ' . My commission exp:9s: fill/if" ;), ?J ~.J-- [:1/ILALk" < __~__ Notary Public. ,RICHARD Y. NEILEY, JR., P.o. Address oea E. IIOFlU?SA"'y'ENUE, SUITE-a ASPEN, COLORADO 81611 d-' . .,..... '.'. ........_. ...-..,....""'."".... ..'..~ , I ADJACENT PROPERTY OWNERS MORGAN /HARTHILL VARIANCE APPLICATION 1. .Brownell Subdivision: (a) Belinda Bee Condominiums Units 1 - 4 990 King Street Mrs. Lois M. Brownell Vagneur P. O. Box 96 Woody Creek, Colorado 81656 (b) Patricia Condominiums 980 King Street (i) Unit 1 Thomas and J. Warren Detweiler P. O. Box 3654 Aspen, Colorado 81612 (ii) Unit 2 Howard Hatanaka Sally O'Neal P. O. Box 4233 Aspe'n, Colorado 81612 (c) Brownell Condominiums 1090 Gibson Avenue (i) Unit 1 William R. and Robin R. Dunaway 0322 Eastwood Drive Aspen, Colorado 81611 (ii) Unit 2 Lois M. and Wayne Vagneur P. O. Box 96 Woody Creek, Colorado 81656 2 . Alpine Acres Subdivision (a) Lot 4A Charles o. Bishop 950 Gibson Avenue Aspen, Colorado 81611 (b) Lot 4B Joseph Dunn and Lucy Hall 940 Gibson Avenue Aspen, Colorado 81611 ." (c) Lot 5 (i interest) Michael F. and Christine Haas 930 Gibson Avenue Aspen, Colorado 81611 (d) Lot 5 (I interest) William and Shirley Peterson 920 Gibson Avenue Aspen, Colorado 81611 (e) Alpine Acres Condominiums (i) Unit 1 Joseph R. and Barbara Tarbet 980 Gibson Avenue Aspen, Colorado 81611 (ii) Unit 2 Peter and Janet Wirth 990 Gibson Avenue Aspen, Colorado 81611 3 . Smuggler Mountain Trailer Park (a) Eleuto A. Archuleta 295 North Neal Avenue, #132 Aspen, Colorado 81611 (b) Douglas P. Kelso 295 North Neal Avenue, #134 Aspen, Colorado 81611 (c) Smuggler Mobile Owners Association 301 Oak Lane Aspen, Colorado 81611 4. James and Marlene l\1ickey 931 Gibson Avenue Aspen, Colorado 81611 5 . Robert Zupancis 936 King Street Aspen, Colorado 81611 2 SUPPLEMENT TO APPLICATION FOR VARIANCE MORGAN /HARTHILL The Morgan/Harthill property located at 935 Gibson Avenue is comprised of two parcels of land divided by the 60-foot right-of-way for Gibson Avenue. Parcel A, upon which a 4-bedroom 4-bath residence is located is comprised of 10,479 square feet; Parcel B, containing parking, is comprised of 1,131 square feet. Prior to February 28, 1973, the parcels were one undivided property. The owners seek permission to convert the existing single family residence on the property to a duplex by construction of a wall closing off an existing doorway joining the two wings of the house. Proposed con- struction is minimal, being comprised solely of the installation of a double 2 x 4 stud wall in an existing 6 foot 8 inch by 36 inch doorway. No other physical alterations to the premises are anticipated or proposed. Application for a building permit was made to the Aspen/Pitkin County Building Department. The permit application was rejected on March 9, 1988. The basis for rejection was the Aspen Municipal Code requirement of 15,000 square feet for a duplex in the R-15A zone district. The owners acquired the property in 1981 and obtained a build- ing permit to increase the existing structure by approximately 1, 300 square feet and added two bedrooms, two baths and family room with wet bar. Construction was completed in 1981. All necessary building permits and approvals were obtained. All existing improvements on the property are legal and conform- ing. The property is presently rented with a right of the owners to occupy 2 bedrooms and 2 baths along with the gameroom/wet bar area when visiting Aspen. The Morgan family, Michael Morgan, Dierdre Whitcomb Morgan and their children, periodically use the residence when visiting their family in Aspen. It is their intention to continue renting the one-half of the house and to use the other half as their own residence, if the request for permission to duplex the property is granted. The property is located in the R-15A zone district. As such, a minimum of 15,000 square feet is required for construction of a duplex. (Because the lot has been in existence since at least 1966, Code Section 24-3.4 permits a duplex on 15,000 square feet.) The owners seek a variance of the required square footage for the conversion to a duplex. Under Code Section 24-3.4, a minimum lot size of 15,000 square feet is required in the zone district for either a single family or duplex structure. A duplex is a legal use in the R-15A zone district. However, this property has a square footage deficiency of 3,390 square feet for conversion to a duplex. The deficiency exists because of the 60-foot right-of-way for Gibson Avenue. This right-of-way was created by Deed dated February 28, 1973; the conveyance to the County was gratuitous. The creation of the legal right-of-way resulted in the division of what was previously a single parcel of land which contained in excess of 15,000 square feet. Ironically, the actual physical right-of-way of Gibson Avenue is only 24 feet. Had a less intrusive right-of-way been created, the lot size would have been retained at 15,000 square feet or greater. For example, if a 42-foot right-of way had been created, leaving an additional eighteen feet of land on the property's northeast side, more than 15,000 square feet would presently exist in the lot. At the time of bisection of the property, it was not anticipated that a non-conformity would result because of the legal size of the Gibson Avenue right-of-way. Had such non-conformity been anticipated at that time, a smaller right-of-way could have been granted, thereby preserving the legal lot size. The transfer of a 60-foot right-of-way was more than was necessary at the time and is more than is ever likely to be needed for the Gibson Avenue right-of-way, considering the proximity of residences to the road and other physical characteristics of the area. The owners believe that practical difficulties involving their lot coupled with financial hardship warrant a decision of this Board allowing a variance and permitting the conversion to a duplex. The creation of a duplex on the property is consistent with the adjoining and neighboring structures and uses in the area. The practical consequence of the bisection of the property by the Gibson Avenue right-of-way was to create a property comprised of 11,610 square feet. Because City zoning in the Gibson Avenue area was not in effect at that time, the creation of a non -conforming lot could not have then been anticipated. It was the subsequent imposition of the R-15A zoning district which created the non -conformity. In fact, the physical characteristics of the property comprise more than 15,000 square feet of usable land. And, although the applicants recognize that ease- ments and rights-of-way may not generally be included as square footage for ,calculations of lot size requirements, the applicants should not be penalized because their predecessors gratuitously granted a right-of-way for public access larger than was actually necessary. The nature of the Gibson Avenue area as one comprised largely of multi-family structures has had a significant impact on the value and saleability of the subject property. The owners acquired this property in a real estate exchange in 1981 at which time it was valued at $350,000.00. They subsequently expended approximately $60 ,000 .00 in improvements. For approximately the past three years, the property has been listed for sale at $375,000.00. It is the owners' belief that the construction of the Centennial employee housing project as well as other multi-family dwellings in the area have contributed to the decline of the subject property as a single-family residence. The subject property is surrounded on all sides by developed land. Of the adjoining properties, most are multi-unit buildings or high density zones. A portion of Parcel B is adjacent to the Smuggler Trailer Park; across the street to the northeast is located Alpine Acres Subdivi- sion containing four residences (recently, the zoning of this subdivision 2 was changed to R-6 to permit lot splits and single family residences of what were formerly duplexes) and a fully constructed duplex; the property to the south is comprised of a single family residence, two duplexes and a fourplex; the property to the northwest is a single family residence. The proposed conversion to a duplex would involve no additional square footage, no modification of the building footprint, no exterior changes or any other adverse impacts on the neighborhood. The number of bedrooms and bathrooms would remain the same. A modification of the existing wet bar in the east wing of the residence would require only installation of a range. Sufficient parking for the residence exists. There is presently adequate parking for at least three vehicles on Parcel A and five vehicles on Parcel B. Impact on the neighborhood from conver- sion to a duplex would be negligible. The owners respectfully request that this Board reverse the decision of the Building Department and permit the construction of the party wall pursuant to the plans submitted. RESPECTFULLY Suite 3 3