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Home My WebLink Aboutlanduse case.boa.400W-Smuggler.001-86 ALe NOTICE OF PUBLIC HEARING Case 186-1 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELGV: 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 var iance are invited to appear and state their views, protests or objections. If you cannot appear per sonally at such meeting, then you are urged to state your views by letter, particularly if you have objection to suc~ 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 as follows: Date and Time of Meeting: Date: Time: January 16, 1986 4:00 Owner for Variance:_ Appellant for Variance: Name: Marie A. Schneider Theodore L. Mularz Address: 400 West Smuggler Aspen, Co 81611 406-H Pacific Ave Aspen, CO 81611 Location or description of property: Location: Description: 400 West Smuggler Lots R & S, Block 33 Variance Requested: Alteration of sleeping space in a non-conforming structure to make it conform to current building code standards. Property is located in the R-6 zoning category. Rear yard set back is 15 feet, corner lot side yard set back is 6.6 feet. Applicant appears to be requesting a 1.67 foot side yard set back and a 12.45 rear yard set back. Structure is non conforming as it already extends in to set back. Applicant appears to want to enlarge this non conformity. Section 24-13.3 (a) no such non-conforming structure may be enlarged or altered in a way which increases its non-conformity. Duration of Variance: Permanent Will applicant be represented by counsel: Yes: No: xx The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Kim Wilhoit, Deputy City Clerk Date: 18 November Ie CITY OF ASPEN :"case No.: 2..~ Address: 406-H Pacific Av.,Aspen,Co. Phone: 925-3365 Address: 400 West Smuggler Aspen, Co1orad6 81611- Appellant: Theodore L. Mularz, AlA Owner: Marie A. Schneider Location of Property: 400 West Smuggler / Lots R & S, Block 33 City of Aspen, Colorado (Stre~t and Number o-f Subdivision Block and Lot No.) Building Permit Application and prints or any other pertinent data must accompany this application, and will be made part of CASE NO.: s.~ . . TIlE BOARD WILL RETURN TH-IS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS SEE ATTACHED PAGES.................... .. Will you be represented by c6unsel? Yes No xx ~~ ot-tn~ (Applicant's Signature) -~--~--~-~-~---~~~~-------------~-----------------------_.~----~~---~~~---~ ~--~-----------------~-~------------------------~-------~-~~--~~------~---- PRO:VISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FOR~IJ\RD THIS APPLICATION TO THE BOARD- OF ADJUSTMENT AND REASON POR NOT G~T\I~G;J ~~ ~. ~~ ~ ~ ~-(, ~ cazq~ . ~~tVl~ ~ ~a&t ? ,""T, ~~. s~~~c9.s..J-~ ~ ~.b~ nPr-LO:..~ fr>n~(JA"'" ~bT~~ ~ ~ ~~:J-"~ ~ ~;~~l~~~:t ~~~P(0iflA/l 'h," ~~ ~ ~~~v.-{e ~~ ~ l.Vf-13.Yt~)Iuc> SuA~~:. a..'';.:---II- - ~. 07-~ ~ ~w~ ~~ vb~~~_ Status Signed , ')J ' /' PERlUT REJECTED, DATE ~ ~1('irS APPLIC1~TION FILED \ 2.\ \ )(~ Hl\ILED lo/6?O/85 ' . / DECISION DATE DATE OF HEA$ l ~!f1J~JJ . I SECRETARY _ _ ~ .(}t~ . " . ,... ." ... ".. ... . "'...,.~.. ..... .......~., · THEODORE L. MULARZ gSSOCIA TES ARCHITECTURE PLANNING @ @ @ @ @ @ @ @ MARIE A. SCHNEIDER RESIDENCE 400 West Smuggler Aspen, Colorado 81611 17 December 1985 DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS This application is submitted at the recommendation of the Building Inspector and Zoning Enforcement Officer. No building permit has been applied for. Because the house projects 12.45 ft. into the 15 ft. rear yard setback and 1.67 ft. into the 6.67 ft. secondary front yard setback it is classified by the zoning ordinance as a IInon-conformingll structure. (See Site Plan) The projection into the rear yard setback is not untypica1 of old Aspen houses constructed prior to the contemporary zoning laws. In 1974 a building permit was issued for remodeling work done on a portion of the house, 24.29 ft. wide, which projects into the yards as noted above. Included in this remodeling was the finishing of attic space to create a sleeping room. The room in cross section is a triangle with a base of approximately 1411-3" and a height at the center or apex of 6"-9". The room is 23"-3 1/2" long and is accessed by a spiral stairway from below. One dormer exists to provide natural light and ventilation. The space is finished, furnished and has been used as a sleeping area since its completion. It is the intention of Marie Schneider to alter this sleeping space to make it conform to current building code standards. This is possible by raising the north portion of the roof to provide a 71-611 ceiling in more than 50% of the useable space. Although no additional floor area will be added, there will be additional volume created where the building projects into the setback. The appeal for adjustment is made to overcome the non- conformance with current building codes. The space is used, and will continue to be used, however, the proposed alteration will provide proper headroom, light, ventilation, and window egress. Valid reasons for overcoming these practical difficulties and unecessary hardships are supported by the following: continued......... BD.ADJ.121785 Page 1 P.O. BOX 166 ASPEN,COLORADO 81612 TELEPHONE 3031925-3365 MARIE A. SCHNEIDER RESIDENCE con't. 17 December 1985 o The special conditions and circumstances do not result from the actions of the applicant. o That the granting of the variance will not adversely affect the general purpose of the comprehensive general plan. o That conditions related to health, welfare, and safety will be considerably improved without adverse affects on neighboring properties. The structure and use conform to all other zoning requirements. Submitted by, ~~ Theodore L. Mularz, AIA TLM:t BD.ADJ.121785 Page 2 \-" f,1 ~... ~' ".- 'at ~ ~ ()~. ,. ") .V) Ob'/N~ ,~ '- , !!ilir L NOTICE OF PUBLIC HEARING Case 186-1 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELGV: 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 var iance are invited to appear and state their views, protests or Objections. If you cannot appear per sonally 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 as follows: Date and Tiae of Meeting: Date: Time: January 16, 1986 4:00 Owner for Variance: Appellant for Variance: Name: Marie A. Schneider Theodore L. Mularz Address: 400 West Smuggler Aspen, Co 81611 406-H Pacific Ave Aspen, CO 81611 Location or description of property: Location: Description: 400 West Smuggler Lots R & S, Block 33 Variance Requested:. Alteration of sleeping space in a non-conforming structure to make it conform to current building code standards. Property is located in the R-6 zoning category. Rear yard set back is 15 feet, corner lot side yard set back is 6.6 feet. Applicant appears to be requesting a 1.67 foot side yard set back and a 12.45 rear yard set back. Structure is non conforming as it already extends in to set back. Applicant appears to want to enlarge this non conformity. Section 24-13.3 (a) no such non-conforming structure may be enlarged or altered in a way which increases its non-conformity. Duration of Variance: Permanent Will applicant be represented by counsel: Yes: No: xx The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Rerno Lavagnino, Chairman Kim Wilhoit, Deputy City Clerk ~, ~ THEODORE L. MULARZ & ASSOCIATES ARCHITECTURE PLANNING @ @ @ @ @ @ @ @ 21 January 1986 Ms. Kim Wilhoit Office of the Aspen City Clerk Aspen Ci ty Hall 130 South Galena Aspen, Colorado 81611 RE: MARIE A. SCHNEIDER RESIDENCE 400 West Smuggler Dear Kim: This letter is to confirm our telephone conversation of this afternoon regarding the above property. This case was presented to the Board of Adjustment on 16 January 1986 for a variance request. At that meeting it was tabled, subject to reapplication, until the next hearing date in February . Please remove this case from the February Board of Adjustment agenda. Should the owner decide to proceed with a resubmission I will be in touch with you so the matter can be rescheduled for a subsequent hearing. Sincerely, '-k-L'-m~ Theodore L. Mularz, AIA TLM:t cc: Marie A. Schneider Don Sten Westerlind P.O. BOX 166 ASPEN, COLORADO 81612 TELEPHONE 303/925-3365 ~.... 't · w a: :J 0(!) wz r-- -z IZ ~~ 4:0. ~ ~ ~ Q) ~ U :>t -i-J -M U ~ ~ s:: \..0 OJ ~ ~ ex> CI) co -i-J~ S::O -M Q) ro o OJ r-I CO ..c..c CO~ ~-i-J t?O -1"1 ~ :3:~r-i..c:O O~-i-JU E co::$ - 1"1 Q) ::r:: 0 .. ~ U CI) s:: -rl:>t Q) .~ -i-JO ~ CI) 4-1 - 1"1 M (/) ~OU~~ ~ /I(J \) _~ " ,. ., ,'-' .,., ':... i'"' J lO ~ \~~,~~ ~ ~ ~ ~ ~ en UJ C\J t- ~ ~ ID (3 ~ 00 0 0 en ~ 0 en 4: ~ a: r(J g N 0 0:: 0 ~ Z w :J a. ~ ~ (J) 4: J UJ ID ~ to 8 ~ x 0 0 CD UJ 0 I: ~ l- II CITY OF ASPEN. MEMO FROM KIM WILHOIT ClN.... ~I) Iq~4> \ ~cD 'Y\lu.Q~ Qo.Mod2 Clu&. ~cL-to ~ Q~:ti:~~_1 (S~dwJ~~)T~~ lucLL ~ ~~. J~M~~~O- ~. ... "'~L .-tiLJJ \. · ~ . <. 00 ~ ~C1- ~~~ &~. Owner: Case No.: ~~ Address: 406-H Pacific Av.,Aspen,Co. Phone: 925-3365 Address: 400 West Smuggler Aspen, Colorado 81611' Loca tion of Property: 400 West Smuggler / Lots R & S., Block 33 CitY,of Aspen, Colorado (Street and Number o,f Subdivision Block and Lot f'lo.) CITY OF ASPEN Date: 18 November 19~5 A:ppcllant: Theodore L. Mularz, AlA Marie A. Schneider , Building Permit Applica.tion and prints or any other' pertine.nt da ta must aC,*ompanv this application, and will be made. part of CASE NO.: 2S~-i ' . . TIlE BOARD WILL RETURN TH'IS APPLICATION IF IT DOES' NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SpOWING JUSTIFICATIONS SEE ATTACHED PAGES.................... '~ '. Will you be represented by c6unsel? Yes No xx ~ ".L L~or.7n~ (Applicant's Signature) =~========================================================================~ PRO:VISIONS OF THE' ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD THIS APPLICATION TO THE BOARD' OF ADJUSTMENT AND REASON FOR NOT G~T\I~G;J ~~ ~.~~ ~ ~~-~ ~ ~~. ~,-,\tVlJL ~lacui-t ? "r\, ~~. 'S~~~c9.~~ ~ ~.b~ nPr-\L~~~ 1r>;;o~MII.n ~l~ ~~ 6--l~G,1U-~ ~~~,,~ ~ ~~r,~~~:L ~ b~. ~ V> ~ rhl_()'~ Hd : _ ~ ~ - 0... ~ - D.. 0 Jfn-.. .f · J _ - IU ~ - 0 ~~~.pfO.RflA/) 'h-" wc.J- ~ VTV\r~ ~ ~~ t'~ ~~ ~ "'~ ~ j.Vi-13~t~)A;(!) ~I\M"Y'-~ ~~ ~fJJ-C.. tJ2-~ ~-<w~~~vb~~ l~- - Sta tus tJ,,~}./~p:d ~j;~ PERtUT REJECTED, DATE ~ \.1(~ DECISION '7A A~__--:-7r"'-' . DATE' ., APPLICl~TION FILED l '2...\ \ I{~ DATE OF HEA~rv ( ~ !fj~_~ I HAILED /O/~O/~$ SECRETARY '-fJ!;u _ __~Ll/f: t" 9''' ....6 . .1,' , · ..... . - il. ~...' . t-"'.' -.., ~"""'.." - ..,..........~.. f". ~ THEODORE L. MULARZ & ASSOCIATES ARCHITECTURE PLANNING @ @ @ @ @ @ @ @ MARIE A. SCHNEIDER RESIDENCE 400 West Smuggler Aspen, Colorado 81611 17 December 1985 DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS This application is submitted at the recommendation of the Building Inspector and Zoning Enforcement Officer. No building permit has been applied for. Because the house projects 12.45 ft. into the 15 ft. rear yard setback and 1.67 ft. into the 6.67 ft. secondary front yard setback it is classified by the zoning ordinance as a "non-conforming" structure. (See Site Plan) The projection into the rear yard setback is not untypical of old Aspen houses constructed prior to the contemporary zoning laws. In 1974 a building permit was issued for remodeling work done on a portion of the house, 24.29 ft. wide, which projects into the yards as noted above. Included in this remodeling was the finishing of attic space to create a sleeping room. The room in cross section is a triangle with a base of approximately 14"-3" and a height at the center or apex of 6"-9". The room is 23"-3 1/2" long and is accessed by a spiral stairway from below. One dormer exists to provide natural light and ventilation. The space is finished, furnished and has been used as a sleeping area since its completion. It is the intention of Marie Schneider to alter this sleeping space to make it conform to current building code standards. This is possible by raising the north portion of the roof to provide a 71-6" ceiling in more than 50% of the useable space. Although no additional floor area will be added, there will be additional volume created where the building projects into the setback. The appeal for adjustment is made to overcome the non- conformance with current building codes. The space is used, and will continue to be used, however, the proposed alteration will provide proper headroom, light, ventilation, and window egress. Valid reasons for overcoming these practical difficulties and unecessary hardships are supported by the following: continued......... BD.ADJ.121785 Page 1 P.o. BOX 166 ASPEN,COLORADO 81612 TELEPHONE 303/925-3365 MARIE A. SCHNEIDER RESIDENCE con't. 17 Deceniber 1985 o The special conditions and circumstances do not result from the actions of the applicant. o That the granting of the variance will not adversely affect the general purpose of the comprehensive general plan. o That conditions related to health, welfare, and safety will be considerably improved without adverse affects on neighboring properties. The structure and use conform to all other zoning requirements. subrni tted by, ~ Theodore L. Mularz, AlA TLM:t BD.ADJ.121785 Page 2 \-", t ...' ~... ~' -"'. . ,.., ,~ i County of Pitkin ) ) SSe ) State of Colorado o . ...._...,..........~-..... . AFFID^VIT OF NOTICE BY POSTING OF A VARIANCE fIE^RI~JG BEFORE rrIlE CITY OF ASPEN BO^RD OF ^DJUSTMENT (Pursuant to Section 2-22(c) of the Mu~icipal C~de) The undersigned, being first ~uly sworn, deposes and says as follows: I,~N\ S-Ca( uJe~TeRL\~D. (print narn~) representing an Applicant before the City of Aspen Board of 1. , ~eing or Adjustment, personally certify that the attached photograph fairly and accurateiy 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 riearest public . . ' way) and that.the said sign was posted and visible continuously from the Cp day of d~~\\J~RV\ , 19 8~, to the \ day of "t>~~\\. , 19__ · (Must be posted for at least ten (10) full days before the hearing date). APPLICANT '~~vJ~~-J ,Signa ure . Subzcribed and sworn. this 1t:5~day 19~, by WITNESS MY HAND AND OFFICIAL SEAL. . l-ly conuniss ion expi res: b -I t) -f(. A!,..~J..I!.I11 I ~ Not~;~blt ?~~ ~ ~~. 'tJ-~ J /(tttfU't J Add~es.:J l-o ~ILII C" f,-, ~ IJ' ~ (, JM-'~ ~ THEODORE L. MULARZ & ASSOCIJ. S ~-W ~Pacific Avenue,-1f++ ASPEN, COLORADO 81611 !lJE lflJlE OC ) If lfOOo.\~ ~ [f0{] Olflf o.\[L (303) 925.3365 I&;~~ Ic=t~ JOB ~ ATTENi'1u... ~Uf!::J::'1 ~ TO ~/~f..l t'!!U1~ t1~~T ~'I ~~ ~~ ~( (CL ('?Af;z) I3ltaf' RE: ~S(~ ie~l~ _ . WE ARE SENDING YOU ~Attached 0 Under separate cover via the following items: o Shop drawings o Copy of letter o Prints o Change order o Plans 0 Samples ~~~ o Specifications COPIES DATE NO. DESCRIPTION ~ e 1], ~ e 8 t ~oet== afJ OF ~lO.Q:> ~ ~ ~ THESE ARE TRANSMITTED as checked below: o Returned for corrections o Resubmit_copies for approval o Submit_copies for distribution o Return_corrected prints o fer ul-'l-'l vval o AI-'l-' I uvcd a~ ~u bll' it led ~or your use o As requested o Appfe~J8Gi1 ~i AoteEi o For review and comment ~ ~ ~~~Qf ~ ~O ~ .AP--(IJ~Tt1f1tr o FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS ~f LL '". :t: Ml/E: MA-I?~ ~ APP'~/~f~O~ A? Y'I~1~ lW? Motai~ Al ~e. ~I~ ~a1. f'l-E)6E ~ ~A:V~ ~~ 1bL}e~, ~ ~ ~ ~~I ~ A~A INYOLv~-r;> wtnl t;JfH~ I! kl-1 ~U2 f..leu) ~ rJ~Ae ~ ~~~ ~ 1ll~ .~ ~ ~1f8~ -LJ:::q t{F::" ~ ~~~ DATE ~ ~~IT(f?~~ roue ~ ~--\A:1t;P COpy To~AeJe: A,~ ~~~~ ~~n~"n~~~~~~~~~u~ PRODUCT 240-2 ftvel!iSJ 111I::', GroIDn, Mass. 01471. THEODORE L. MULARZ & ASSOC~ ~S 211 Pacific Avenue, 1# 11 ASPEN, COLORADO 81611 [L[lJlJ[m:'~w lJOO~~~[ooOlJlJ~[L (303) 925-3365 RE: TO ~/~ ~ILOI~ ~. ~"'~t'~ ~,~ ~I t'nl1)Jl;!,M/(2 (;IIoU WE ARE SENDING YOU ~Attached 0 Under separate cover via the following items: o Shop drawings o Copy of letter o Prints o Change order o Plans 0 Samples :g~~ o Specifications COPIES DATE NO. DESCRIPTION ~ e ~ e 8 e 1 aD~ THESE ARE TRANSMITTED as checked below: o Returned for corrections o Resubmit_copies for approval D Submit_copies for distribution D Return_corrected prints o r8f 8l5rsre"al o -'.tJtJF8"f8~ 86 ,..Ia~itt8E1 ~' For your use o As requested J:l ^ pp rgug€4 88 "8te~ D For review and comment 0 19 D PRINTS RETURNED AFTER LOAN TO US m~ ~ ~ ~~ "A1E-(~ ~. COpy TO-M~~ -k ~!#El~ W' t:J...t:L. t ""-~ A--L..F'f1--ft:= ~ I · SIGNED: "=./ ~ '-7 /L. If enclosures ere not es noted. kindly notify us at once. . PRODUCT 240-2 /NEilS/lnc, GnJIDn. .... 01471. THEODORE L. MULARZ & ASSOCIATES ARCHITECTURE PLANNING @ @ @ @ @ @ @ @ MARIE A. SCHNEIDER RESIDENCE 400 West Smuggler Aspen, Colorado 81611 12 December 1985 NAMES & ADDRESSES OF ADJACENT PROPERTY OWNERS 1. BLOCK 33, LOTS 16 & 17 - HALLAMS ADDITION LOTS P & 0 Richard E. & Christie A. Kienast 406 West Smuggler St. Aspen, Colorado 81611 2. BLOCK 33, LOTS 8,9 & 10 - HALLAMS ADDITION Mason Phelps as Trustee of Mason Phelps Trust #1 1450 Arroyo View Drive Pasadena, California 91103 3. BLOCK 40, LOTS 1 & 2 - HALLAMS ADDITION D.W. Ringsby Enterprises a Partnership P.O. Box 7240 Denver, Colorado 80207 4. BLOCK 40, LOT 8 - HALLAMS ADDITION LOTS K & L Ralph W. Ball #103 215 St. Paul Street Denver, Colorado 80207 5. BLOCK 41, LOTS A, B & C Northwestern Savings & Loan Ass'n. of Traverse City Michigan c/o 1740 lOth Street Gering, Nebraska 69341 6. BLOCK 34, LOTS F, G, H, & I Beck Investors Ltd. a California Ltd. Partnership c/o Glenn A. Beck P.o. Box 1102 Victorville, California 92392 P.O.BOX166 ASPEN,COLORADO 81612 TELEPHONE 303/925-3365