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Home My WebLink Aboutlanduse case.boa.W Hopkins.023-84 NOTI!:E OJLgll1~L_IC liEARUl..G CASE NO. 84-23 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT r!1("\ 7\ T T ~_ ...J , l.J.J.u PROPERTY OlJnERS APPEC:EED ,''\7 .1'.'. TI--TE EE''l~.J:~srrij!') :~ O!-TIl~G OR USE Vi\:2I}\nC:~ DEf,CHIDED DE~.IGJ: ?ur3uant to t~1E:: Offici,::;.l CO(}(: O~~ !':.;)D0:-: of llU;1C: 7.5; 1:!:'")2. ;::l_S a:,F~nUr~u "Jublic hearing will be held in the Cotln~il TIoom. City Enll~ As?cr~ Colorado (or ;-1C suefl other plac(: uS the I:H.::(:ting :n~y br.? then adjourr>:'d) to consi,-"1(~r an arplication fil(~d with the said SOQrc! of ACiju~)tner:t r(~c!\1e,stinq ,J.uthority Eor v::!riance froEl the provi;~.>ions 02 tile Zoninq Ordinanc;?, Cha.:Jtc:r 2i~. Of:Eicial Code of l\.spcn. ~ All persons .J.:Efc'ctc,j bl; the proposccJ ';a_ri;].r~c(; arc: invited to appear and state thei r vie\.',ls. TJrotC:Gts or obj ectio:13. If you cannot. appe.J.r personJlly at such ;:'H;~::tin<J ~ then you arf:? ur(:Jc'~; t.o state your Vie\lE by letter r p,:=lrticularly if you h,3VC objection to SUCfl variance as the Board of Adjustment will give serious corlsidcratio[l to the opinions of surrounding pro?erty owners nnd oth0rs affected in deciding wh2ther to grant or deny the reciuest for v,nicine'2. The particulars of the hearing 3nd of tI12 requ~sted variance arc a3 Eollow~: Date and Time of Meetin9 :. Date: Thursday~ December 13. 1984: continued p~blic hearing rI'ine: 4:00 p.m. Owner for Variance: A90ellant for Variance :. T'1ar.1C: Z\darcss: Frank ~1oods P.O. Box 3421 Aspen CO 81G12 Ed Rodgers 205 S. Mill Streot Pis~')en. CO HI611 Location or description of 9rooertv: Location: Description: Ofr Hopkins between Fourth and Fifth South 20 feet or Lots G and U. Block ~~ JL.. " Ci tv of l<;-:)~:~n Variance Reauested: Property is a nonconforfJi~g lot of record located ii; the R-15 zoning category. Section ~4-3.4: area and bulle requir0=o:~ncs. S2C- b2lcks are front, 25 feet; Sloe yardr 5 reeti and rear Y:1rtj. IO i,?(~t. ll.pplicant appears to be requesting :1 zero lot line front y,Jr,::: ?tnd zero lot line rear yard setback. Quration of Variance: Temporary Perm3nent __~__ The City or Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81~11 TIeno Lavagnino, Chairman Darbaro. l10rrisr Deputy City CJ~.:r!{ . NOTICE OF PUBLIC HEARING CASE NO. 84-23 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY mINERS 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 as follows: Date and Time of Meetina: Date: Time: c)~ Thursday, October 18, 1~4 4:00 p.m. OWner for Variance: Ap~llant for Variance: Name: Frank Woods Address: P.O. Box 3421 Aspen, CO 81611 Ed Rodgers 205 South Mill Street Aspen, Colorado 81611 Location or descriotion of prooerty: Location: Description: Off Hopkins between Fourth and Fifth South 20 feet of Lots G and H, Block 32, City of Aspen Variance Reauested: Property is a nonconforming lot of record located in the R-15 zoning category. Section 24-3.4: area and bulf: requirements. Setbacks are front, 25 feet; side yard, 5 feet; and rear yard, 10 feet. Applicant appears to be requesting a zero lot line front yard and zero lot line rear yard setback. Duration of Variance: Temporary _ Permanent x The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Barbara Norris, Deputy City Clerk . ,.' N.Z~ " . ......~, ',.,.; CITY OF ASPEN Date: ')~T 2(, .f'1~i I Case No. APPELLANT: Ed Rodgers ADDRESS: 205 S. Mill St. Aspen, CO 81611 PHONE: 925-1368 OWNER: Frank Woods ADDRESS: LOCATION OF PROPERTY: South 20 feet of Lots G and H, Block 32, City of Aspen, State of Colorado. Building Permit and Application and prints or any other pertinent data must accompany this application, and will be made part of CASE NO. THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS: The particular lot in question is 20 feet by 60 feet being 1,200 square feet. It is a legal lot and therefore entitled to the construction of a single family residence on it. The Board of Adjustment has dealt with the issue of non-conforming lots before and has set the precedent allowing variances so that a house can be constructed on these small lots. It is not possible for this Lot to conform with the setbacks in the R-15 zone since setbacks in a zone are 25 foot front yard, 5 foot side yard and 10 foot rear yard. The applicant is therefore asking for a minimal variance since he is willing to comply with and increase the side yard setback to ten feet (10') since the lot in that area is 60 feet. However the front and back yard setbacks cannot be complied with for were he to comply with these setbacks a house could not be constructed. We therefore ask for zero front and rear yard setbacks. Zero front and rear yard setbacks will allow for the construction of a minimal house. Since access to the Lot is what determines front yard setbacks we are trapped with the narrow part of the lot being the front yard. Without the variance no reasonable use of the land could be made. I believe it is obvious that we have a hardship and an impracticality that can only be mitigated through the variance procedure. I have enclosed for your review a drawing of a lot and the setbacks on the lot that we requested. WILL YOU BE REPRESENTED BY COUNSEL? ^~es~ No____ Signed: p/r c<-1~1f'J Ap lant PROVISIONS INSPECTOR ADJUSTMENT OF THE ZONING ORDINANCE REQUIRING THE BUILDING TO FORWARD THIS APPLICATION TO THE BOARD OF AND REASON FOR NOT GRANTING: ~~.:n, NlI"'^-~~~U,~~ ~ ~;L. ~-\<" ~~"i" ~~l-f-1.~dAu.,.~ ~. Sd;{o~ IJt.1.. F~~ ..~~~t-) SCdt.: 4i,J r.+ ~JNw. _ L o..~ ~"~4~~~1o~. RUSSELL SCOTT, JR., M.D. P. O. BOX 4257 ASPEN, COLORADO 81612 h",,,d ~IrUcnd./ by I, I.dtr~n tit- IJ1Itj /, - I$' ftf. Z7 TELEPHONE (303) 925-2018 October 18, 1984 The City of Aspen Board of Adjustment 130 South Galena Street Aspen, Colorado 81611 RE: Case 84-23, South 20 feet of Lots G & H Block 32, City of Aspen Hearing - October 18, 1984, 4:00 P.M. To whom it may concern: As a property owner of Lots P, Q, R, and S, Block 38, City of Aspen, known as Scott Building Condominium, for 2 years, and Lots A, B, C and D, Block 39, City of Aspen, for 2 years, I am strongly opposed to granting set-back or FAR Variances for sub-standard building sites as requested by Frank Woods and Ed Rodgers in Case No. 84-23. This is contrary to the current R-15 Zoning and would adversely affect the entire area. Sincerely yours, ~t~~~?,L~~ Immediate neighbor to Parcel under consideration for re-zoning RS:sa fif,zj ,R'- Status 4,'... ~ SJ.gned DATE~DECISION DATE th'/ff DATE IF HEARING ( ( PERMIT REJECTED, APPLICATION FILED MAILED SECRETARY Rodgers Variance/DOC6 - 2 - I' 'l1~z? ,,,. ~'" ". '" o~ _-oJ' 0, \ -"'....~~~ i ." ~ ~ ~ o<? , ilC I r:' yo' C(. ~, ~ :../ ~ , I I 1 i , i I ! -, ~\ \ r I I I i ! ~ ~ . I. I Q\ ~t\ "" """, t~ ~ \ I \ ~ 0_ l ~ I 0 i ~ 1-<:: I ~ \;7 ! U; -"' <L' ~ :; 0:. II ~ t2 ~ (T 7' \ \ o~ Transameno&", Title Insurance Services Transamerica Title Insurance Company ~ ~ 601 E. HOPKINS Aspen, Colorado 81611 (3031925-1766 ?!i~2-~ ,r CITY CLERK OFFICE 130 SO. GALENA ST. ASPEN, CO. 81611 SEPTEMBER 28, 1984 ATTN: BARBARA ENCLOSED IS A LIST OF THE CURRENT ADJACENT PROPERTY OliNERS FOR THE PARTIAL LOTS G & H, BLOCK 32, CITY AND TOWNSITE OF ASPEN. CURRENTLY OWNED BY THOMAS E. RAFAEL. SURROUNDING LOTS F,G,H & I, BLOCK 32, CITY AND TOWNSITE OF ASPEN OWNED BY: WALTER P. PAEPCKE ESTATE C/O MORRISON & MORRISON 105 WEST ADAMS CHICAGO, ILL. 60603 ALLEY IN BLOCK 32: THE CITY OF ASPEN C/O CITY ATTORNEY 130 SO. GALENA ST. ASPEN, CO.81611 TRANSN1ERICA TITLE INS. CO. ",J!<lWLJ jJ: r .~\. / ,.:.::..... . '-' - -".' \ 6' ~ l! G 10 ... \I">!. ... "'...: r~ '"'. . o~ .; , , i J' - I ,-"'" o~ I ....'L~~ ' ~)1~ i f:f I " -1-1::- .f' -'i l I ~ ;:. ~ , <: ::t '" fI' '--~ V'~ t .... (1\ .;p.- ~ - ". '"' - ,.,~ ~ iT o'e Y4~2-7 '1' /~ v ~ ~ J -'- $"" . /'tf- z '7 '-' CITY OF ASPEN Date: ')~T 1" .r'(~i , Case No. APPELLANT: Ed Rodgers ADDRESS: 205 S. Mill St. Aspen, CO 81611 PHONE: 925-1368 OWNER: Frank Woods ADDRESS: LOCATION OF PROPERTY: South 20 feet of Lots G and H, Block 32, City of Aspen, State of Colorado. Building Permit and Application and prints or any other pertinent data must accompany this application, and will be made part of CASE NO. THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS: The particular lot in question is 20 feet by 60 feet being 1,200 square feet. It is a legal lot and therefore entitled to the construction of a single family residence on it. The Board of Adjustment has dealt with the issue of non-conforming lots before and has set the precedent allowing variances so that a house can be constructed on these small lots. It is not possible for this Lot to conform with the setbacks in the R-15 zone since setbacks in a zone are 25 foot front yard, 5 foot side yard and 10 foot rear yard. The applicant is therefore asking for a minimal variance since he is willing to comply with and increase the side yard setback to ten feet (10') since the lot in that area is 60 feet. However the front and back yard setbacks cannot be complied with for were he to comply with these setbacks a house could not be constructed. We therefore ask for zero front and rear yard setbacks. Zero front and rear yard setbacks will allow for the construction of a minimal house. Since access to the Lot is what determines front yard setbacks we are trapped with the narrow part of the lot being the front yard. Without the variance no reasonable use of the land could be made. I believe it is obvious that we. have a hardship and an impracticality that can only be mitigated through the variance procedure. I have enclosed for your review a drawing of a lot and the setbacks on the lot that we requested. , WILL YOU BE REPRESENTED BY COUNS'L?~X No_ Signed: o.,"rtf-J Ap lant PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: :.' " " .' ;-""'., ,,~.,'" , Status Signed PERMIT REJECTED, DATE APPLICATION FILED DECISION DATE DATE IF HEARING MAILED SECRETARY \ Rodgers Variance/DOC6 '. " " - 2 - . . '.' r'l~'L} .~ , . ,'"" ...... , " '. i....:-,,, _~ THiS Co.f(Cl< IS IN PAYMIONT OF THE FOl~OWING {oJ e," U~ LAW OFFICES of GIDEON I. KAUFMAN A PROFESSIONAL CORPORA liON P.O. BOX 10001 . 611 W. MAIN ST. ASPEN. COLORADO 81611 925.8166 PAY J.i?f'- DoU,,-a1. 'E-v;'.,A} .TO THE- ORDER OF CT -/(f7if(-'U @",~ br~~ j)11 J? r .....-.. !j/7 PF I1p.lVf/ME:A/r t"A1F' #J'--f.Z) lI'oo:ll.O :III' I: ~o no H,l, 51: 00 l, 589 bll' .1 .. ~ ~ ", FIRST NATIONAL BANK ASPEN, COLORADO 81611 DATE cr 2G , / , 3103 82.164 .i021 _ DOLLARS CHECK NO. A'j\OUNT ? 1.',7 Ie') 1 IOu UTHORIZED SIGNATURE J -~