HomeMy WebLinkAboutlanduse case.boa.1006E-Cooper.009-82
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Mr. Remo Lavagnino, Chairman
City of Aspen Board of Adjustment
130 S. Galena
Aspen, Colorado 81612
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RETURN TO SENDE:R
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Affidavat
On Saturday, September 18, 1982, John McCormich,
of Realty World and myself instaled at 1006 East Cooper St.
the notice of application for a variance from the zoning code.
Evidence of placement shown by the attached photograph.
Attested to by:
~~
William McCrabb III
STATE OF COLORADO)
) ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this 30th day of
September, 1982, by William McCrabb, III.
My commission expires 1/ - Z C
, 198').' Witness my hand and official seal.
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~ WILUAM Mc:CRABB III
I -Construction, Land, Managers, It! Co. Inc.
L P. O. Box 1508, Rifle, Colorado 81650_
(303) 625-4545
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506 Eaat Main Street
Aspen. Colorado 81811
30:;v925-5973
(.')BUILDING PERMIT APPLICATION
ABPEN.PITKIN
REGIONAL BUILOING OEPARTMENT
General
Con5truction
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Jurisdiction of
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Applicant to complete numbered spaces only.
Joe ADORESS
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OWNER
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8. Change of use f!,om
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Change of use to
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PLAN CHECK FEE
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9. Valu~tlon of work: $ (;.- "! ....
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Typeol,ConsUuction.
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10. REMARKS:
Sin 01 Buildin\!
ITotal SQua.eF"l.J
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Special Approvals
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ZQN ING ..
HEALTH OEPT. ~. .;.~
....WLICATION .ACCEPTED "
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PLANS ;~ECKED
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PARK DEDICATION
APPROVED FOR ISSUANCE
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SOIL REPOAT....
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NOTICE WATER TAP
SEPARATE PERMITS ARE RErn::Ji'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 DAYS.'OR IF CQNSTAUC- <?!HER (SPECIFV)
liON OR WORK IS SUSPENDED OR" ABANDONED FOR A PERIOD OF 120
DAYS AT ANY TIME AFTER WORK IS COM~EN.CED,
1 HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION
AND KNOW THE SAME TO BE TRUE AND CORRECT'-.ALL PROVISIONS Of LAWS
AND ORDINANCES GOVERNING THIS TYPE OF WORK Will BE -COMPLIED WITH
WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT
PRESUME TO GillE AUTHORITY TO VIOLATE OR CANCEL THE PAOVISIONS OF
AN, YOTHER STATE_'OR LOCAL LAW, .'3EGULAT1NG_Co.NSTRUCTIONOR TtjE :t: ~
FOR MANCE OF CONSTRUCTl~N. ,;! Iii:' . ~_ - ~
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SIGNATURE OF CON!RAC'!.OR o.a,.AUTHORIZED AGENT
ENG, DEPT.
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OFFST~EE, T PARKING SPACTES'
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REQUIRED
AUTHORIZED BY
DATE
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THIS !,ORMIS A PERMIT ONLY WI-!EN.VALlDATED ,>'
WORK STARTED WITHOUT PERMiT WILL BE DOUBLE FEE .
(DATE)
t NAT RE F OWNER IF WNEA BUI OER
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VALIDATION .;!'
CASH 0 PLAN CHECK VALIDATION CK,O
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YELLOW - ASSESSOR'S COpy," PINK:- BUILDING DEP!,.R1]>1ENT FILE
PERMIT VALIDATION
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WHITE ~ 'INSPECTOR'S COPY
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CASH 0
GOLD,,;:,CUSTOMER'S COPY
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MARTIN PAUL BRETH, .JR.
f'T. COLLINS, COLO.
DETACH AND RETAIN THIS STATEMENT
THE ATTACHEO CHECK IS IN PAYMENT 0". 'TEMB DEBCR'aED aELOW.
,,,.. NOT CORRECT PLEASE NOT,"'Y US PROMPTLY. NO RECE'PT OES'RE:O
DELUXE - f'DRM NWC-2 V-6
DATE
DEBCRIPTION
AMOUNT
DIBTRIBUTIONB
ACCT, NO. AMOUNT
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PERIl:JO AIoIDUNT TOTAL
OVERTlIolE SOCIAl.. TOTAl..
ENDINII j.\DURS IIATIE I!:AAj.\I!:D AT IEARNINOS SECURITY WITj.\HOl..DIND STATE HIT 'AT
AHo DTj.\ER U. S. INe. TAX INCOIolE TAX DEDUCTIONS
AItDUl..AIl IlATIt TU
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CITY OF ASPEN
FINANCE DEPARTMENT
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CASHIER'S RECEIPT
LICENSES & PERMITS
o GENERAL OCCUPATION BUSINESS L1C,
o LIQUOR OCCUPATION LICENSES
o BEER, WINE, LIQUOR
o L10UOR LICENSE RENEWAL FEE
o LIQUOR LICENSE APPLICATION
o EXCAVATION PERMITS
o SEPTIC TANK PERMITS
o NON-COURT DOG LICENSES
o COLORADO FOOD SERVICE LICENSES
00111-61000
00107-60900
00107,61030
00107-61031
00107-61039
00115-61211
00125,61213
00135,61100
00125-61001
FINES & FORFEITS
o CITY SHARE,DUI'S
o COURT TRAFFIC FINES
o TOWING FEE-CITY
o PENALTY ASSMTS, ON TOWS
o STORAGE FEES
o NON,TOW PENALTY ASSMTS,
o TRAFFIC FINES
o NON,COURT DOG FINES
o NON,COURT IMPOUND FEES
o NON,COURT VET OR R.V,
o NON-COURT ADOPTION FEES
o CITY COURT FEES
o COURT BOND FORFEITS
o COURT COSTS
o ACCIDENT REPORTS/XEROX
o GENERAL ACCT, NO.
00131,64002
00132-64003
00132-64011
00132,64013
00132,64014
00132,64014
00132,64020
00135-64040
00135-64041
00135-64042
00135-64045
00135-64043
00131,64101
00131,64201
00131-63420
DESCRIPTION: (NAME, NUMBER, ETC,)
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NarICE OF PUBLIC,HEARING
Case No. R?_Q
BEFORE THE CITY, OF ASPEN BOARD OF ADJUS'DIENT
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 amended, a
public hearing will be held in the Council. Room, City Hall, Aspen, Colo-
rado, (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..
yo~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.
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'The particulars of the hearing and of the requested variance are as follows:
Date and Time of Meeting:
. Date:
Time:
September 30, 1982
4:00 P.M.
Name and address of Applicant for Variance:
Name: Martin Breth
Address: 700 E. Elizabeth Fort Collins, Co. 80524
Location or description of property:
Location: 1006 E. Cooper, Aspen, Colorado
Description: Lot 6 plus the west la' of lot M Block 14.
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Variance Requested:
See attached. **
The building department stated that the property is located in R/MF zone and is a
re-existing non-conforming use. Section 24-8.13 - Minimum lot are per dwelling
is 6,000 sq. ft. Existing house and proposed house encroaches into set backs.
Section 24-8.13. Side yard 5'. Rear yard 10'.
Duration of Variance: (Please cross out one)
T~~n,..~,..~
Permanent
The applicant will not be represented by counsel.
THE CITY OF ASPER BOARD OF ADJUSTMENT
BY Remo Lavagnino,' Chairman
Virginia M. B~all, Deputy City Clerk
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APPEm,JO BO^RD OF ZorWIG MJUST.,r,J[r1T
CITY OF ^SPEU
DATE. ~T. \ () I l"'t 'l.'2- ;, '....,'
APPELlMlT M..u--+i....:l P.:.1-e.:~
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OWNER f?;\ \ ~r4b\::.
(;J.,M ~ Co .
CASE NO. ~~-?
ADDRESS -, o.a ~,~j,i'Zcti::.e~ '
,"or1' C::Ol\ltJ~. <<::0. COoc;z,4-
PHONE 4-"\" "7':}\ o.
ADDRESS I \P v.>. w~""'1e.r 1Ul<l\.6
JOo.~L-t:.""'ood I DI.,..o 4'S"30'Zo"t.
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LOCATION OF PROPERTY \oo(,~. COof-e-r ,ASr-e,..,),. Co.
"01"" LIAs. ~ we~+ 10' ot ~llt "" e, /..ob~ '"3
-'. . Street. & Number of Subdivision Blk. & Lot No.
. '.
Building Permit' Application and prints or any other pertinent
~ data must accompany this application, arid will be made part of
CASE NO.
. .
THE BOARD WILL RETURN THIS.APP(ICATION IF IT DOES NOT CONTAIN
Alr THE FACTS IN QUESTION.
.
DESCRIPTION OF PROPOSED EXCEPTION SHOHING JUSTIFICATIn~IS:
S~~ ~t'\~~eJ \i~..\ 01. .~.~sk'fS
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'Will you be represented by counsel
? y" NO~ ~. ~_ &
SIGNED: tOUVVV\
. Appell nt '
PROVISIONS OF THE ZONING ORDINANCE
TO FORWARD THIS APPLICATION TO THE
FOR NOT GRANTING:
REQUIRING THE BUILDING INSPECTOR
BOARD OF ADJUSTMENT AND REASON
Property is located in R/MF zone and is a'pre-existing non-conforming use.
Section 24-8.13 - ~inimum lot are per dwelling 'is 6,000 s~. ft. Existing
house and proposed house encroaches into set backs. S~ct~on 24-8.13.
Side.yard 5'. Rear Yard 10'.
.
The applicant will not be represented by couns~l.
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Signed .
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'Status '. .
PER~IT REJ ECTED.' DATE !t.t 4t( r"2- . DEC I S I ON
APPLICATION FILED DATE IF HEARING
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Illegal Unit: ffl\~ ~tz. &
"'ft., 9tl19jeet -let, altRBtl!'J1, ""f1~cofl.fof'mi.Ag:c'~om;-was 9tleelj-,'ieleel ,131 i(),~->..A..~ ,....J....
-.l~ 1 S7'5 :anJ-;,:,'-preS&ft.tly zBAes R MF. T~e.,-~--we~.fi:.e.r-.,c ...I.~utd-tre- ~ .'
tilt.... 8~ ts buile ta .the J9resent ]aAil.~. ~''.'_ _. _ .. '11:.,;, tel 'Festr:iet tRe.
-1~8r YRit tu a miRiAlbiFM .e:bLJ~8f'-t~.le35e (sJ:._ _ttaGRea eel', sf tb.._sl)_
,
Rear Setback:
There is presently a shed on the back of the property which straddles
the property line (see attached surveyor's certificate), which has been
there since the previous owner bought the property. There is also an
existing residence located with 2' of the gravel alley on Lot K to the
west and a utility pole located between Lot L and Lot M also on the
alley (see architectural drawing, Sheet #1).
Since our property line is actually located 9'6" from the alley itself, we
should be allowed to build inside the normally required 15' rear setback.
Enchroachment:
The necessity of having a two story addition l' from the property line is
not only to our liking from additonal space, but also for aesthetical and
practical use of the existing structure.
Part of the subject structure is presently located .9' on adjacent Lot K.
We are going to remove that part of the building from Lot K, set back
1', and provide 2 hour fire protection to that part of the building which
is not within the legal setback requirements.
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CdY OF ASPEN 0
MEMO FROM VIRGINIA BEALL
Dear Board Members,
I was not able to sched~le the final
review of the "information pamphlet" for this
meeting. Public notices had.b.en_,sent to
adjacent property owners for two ~ases, prior
to my knowledge ~hat both City Attorney's will
be out of town on Sept. 30, '82.
I know the Board would like to have an attorney
present at each meeting and I apologize for
the scheduling of a public hearing without
legal counsel available.
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III.
IV.
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CITY OF~~'ASPEN
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130'south galena ~reet
.
aspen, colorado W1611
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303-925.~.l020
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AGE N D A
ASPEN ROARD OF ADJUSTMENT
September 30, 1982
4:00 PM
City Council Chambers
APPROVAL OF MINUTES
NEW BUSINESS
C~se n 82-8 Vickie L. Bagley
Case 0 82-9 Martin Breth
COMMITTEE COMMENTS
ADJOURN
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RECORD OF PROCEEDINGS
1 00 Leaves
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BOARD OF ZONING ADJUSTMENT
REGULAR MEETING
AUGUST 26, 1982
The Board of Zoning Adjustment held a regular meeting on August 26, 1982
at 4:00 PM in the Council Chambers of City Hall. Remo Lavagnino called
the meeting to order with members Josephine Mann, Francis Whitaker,
John Herz and Charles Paterson present.
,
Remo Lava~nino skips the approval of the minutes until after the
OLD BUSINESS - Case 82-2 Dale Potvin.
Lavagnino reads a note from the secretary stating that the applicant
would like clarification from the' Board of Adjustment regarding the
minutes of Case n 82-2.
Gary Esary,Assistant City Attorney, said that at the variance hearing for
Mr. Potvin, the Board granted a variance and then directed the applicant
to prepare protective covenant documents to be submitted to the City Attorney
for approval within sixty days. The documents were prepared and done on
time and when Mr. Esary reviewed them it turned out that Mr. Potvin had a
different idea of what the Board meant. The applicant went back to the
minutes and found evidence for both positions so Mr. Esary is requesting
that the Board clarify it's rulin~ through the minutes. Esary said that
as the Board probably recalls Mr. Potvins house has a deck that sticks out
between property lines P&O. The Board essentially granted a variance indi-
cating that if the adjoining property owner filed restrictive covenants
indicating that a five foot set-back maintain around the deck for fire pro-
tection, aud the filed restrictive covenants so that nothing could be built
on that property. When Mr. Potvin filed the restrictive covenants he
provided for the 92 inch set back which appears to be fairly clear from
the minutes although there may be some question on that, but it wasn't clear
whether the 92 inch block of the other lot that had to be preserved
was for the length of the deck or for length of the deck and five feet either
side.
Francis Whitaker said that is what the motion says.
Remo Lavap,nino said length of the deck plus five feet on both sides.
Gary Esary said that what Mr. Whitakers motion said is 100 inches or the
length of the balcony plus five feet or more on either end. Esary said
that the second sentence in the minutes says that Whitaker said the set-
back on the Lot P be established for the length of the deck. Esary thinks
that the last two sentences are inconsistant, and the applicant is simply
here today for clarification.
Francis Whitaker said that it was his intent in the motion that the set-
back be the length of the deck plus five feet on either end. Whitaker said
that he probably failed to add that in those second few remarks.
Dale Potvin said that he would like to mention that he was very clear to
repeat what he thought was the understanding, which was that the 92 inches
was just for the length of the deck. Potvin said that there was discussion
that the deck wasn't going to be obstacle in terms of fire protection
and that the air and light and bulk and density was not really being
encroached upon or made a problem by the deck.
The Board and applicant discuss the plans.
Remo Lavagnino said that the reason the Board wants the set-back the way
it is, is so that th e applicant actually comes into compliance;
by not going five foot there, you are not in compliance because you are not
clearing this point to this point(Lavagnino points this out on the plans)
That was the intent of the Boards variance was to make, the applicant come
into total compliance.
Gary Esary said that the area that is restricted on the other lot is
92 inches from property line to the new set-back and the deck, which is
29.45 feet in width, the restricted area is now 39.45 feet in width, with
the same center line.
Dale Potvin said that he does not feel comfortable with that because he was
so clear to make sure that that is what they were talking about and you will
notice in the minutes twice, the phrase the length of the deck is stated.
Francis Whitaker said let's go back to the minutes. He reads what the motion
says and the discussion afterwards is not the motion. The motion was
made that it be the length of the deck plus five feet on either end.
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Charles Paterson said that there are two statements in the motion.
Whitaker said that he failed to add in, on either end, in the second state-
ment.
Gary Esary said that with all respect, Mr. Potvin is confusing contract
law with administrative law; what he thought, the meeting of the minds is
not important here, what he thought or what he attempted to make clear is
not important. The Board grants a variance, it does not contract a
variance, so whatever the Board decides has been done, has been done.
We are here simply on the clarification on are-argument. Esary said that
in purely practical terms he already has a 20 inch break and although in
most instances what two parties believe is important in this case it isn't.
Remo Lavagnino told the applicant he is sorry that he misunderstood what
the Boards intent was and that there is no~ any point in going any further
with discussion.
Gary Esary said that if the minutes have been approved then a motion, now
to resolve the conflict between the two statements in the minutes to
show the Boards clear intent.
Francis Whitaker moves, for the purpose of clarification, that the variance
was granted conditional upon the preparation of the proper documents and
that the restrictive portion of the property on Lot P be 7 foot 8 inches
from the present property line plus five feet on either end after the
length of the deck.
Josephine Mann seconds.
Remo Lavagnio Aye
Josephine Mann Aye
Francis Whitaker Aye
John Herz Aye
Charles Paterson Aye
All in favor. Motion carried.
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NEW BUSINESS
Case 8 82-8 William C. Kurimay
Remo Lavagnino said that the variance requested structure is non-conforming
due to the FAR and as a Multi family structure in the R-6 zone.
Sec. 24-13.3 la}. No such non-conforming structure may be enlarged or altered
,in a way which increases its non-conformities. Applicant appears to be re-
questing addition of 34 sq. ft. variance to enclose stairwell.
Lavagnino asked the applicant to expand on their request.
William Kurimay, here at the request of Dr. Robert Orr who owns a unit
and has contracted Kurimay to build in the proposed addition. Kurimay
said that basicly what this is, is a stairwell that leads down to the unit.
It is a structure that goes in the ground about four feet, he would like
to put an enclosure around it to protect it from the elements
primarily in the Winter; to reduce the ice hazard on the stairway and to
keep the area from filling up with snow. He would like to do this for
both, convienience and safety. He does not think that this is an unreasonable
request in that it is already an existing structure, the stairwell itself
and the portion of the stairwell that would be counted as additional
square footage would only be 34 sq. ft. Part of the stairwell is already
covered by the roof, which is part of the existing structure. Kurimay
stated on the application that the proposed stair enclosure is justified
because l} circumstances of subsequent zoning did not result from the action,
of the applicant, 2}such enclosure will not adversely affect the neighbor-
hood, 3} such enclosure does not alter use of the property, 4} such
enclosure greatly reduces potential hazard and inconvenience to users
of Unit 85, 5J such enclosure represents an extention of existing existing
structure (4' retaining wall) enclosing the stairwell. Kurimay said that
Dr. Orr feels that' the visual impact to the condominium project is minimal
in that it is between two buildings and barely visable from the street,
due to some shrub and the building next door. Kurimay said that the applicant
has 100% approval from the owners of all the condominiums in the project.
Mr. Kurimay describes the plans to the 'Board. '
RelQo Lavagnino feels that the safety and the hazard aspects of what Kurimay
is pertinent and that the Board may be able to act on that basis.
Lavagnino said that the Board is not concerned with asthetics of the project.
Francis Whitaker asked the applicant what the height would be?
Kurimay said that the applicant is required to have at least a 6 1/2 ft
minimum head clearance anyway and that it would be 7 to 8 feet high in that
front part and would be about 4.feet high in the back.
Lavagnino closes the public portion of the meeting.
The applicant presents the sign that was posted, the affidavit, arid the
photograph of the notice of public hearing sign.
"",", """"
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RECORD OF PROCEEDINGS 100 Leaves
'OMI'II C.'.1I0ECKEL8.8.oltl.CG.
BOARD OF ZONING ADJUSTMENT
REGULAR MEETING
AUGUST 26. 1982
- 3 -
.
John Herz said that it seems the Board can judge this variance on safety
because of the snow going down in there and Herz feels that it is a minimal
request.
Charles Paterson feels that this is a reasonable request and it doesn't
affect the neighborhood in any adverse way.
Josephine Mann said that she would be in favor of granting this because
it specifically says in the Boards powers and duties; U3, where there are
practical difficulties and unnecessary hardships... so the spirit of the
Ordinance will be observed, public safety and welfare secured and substan-
tial justice done. Josephine thinks that the public welfare and safety is
the part that concerns her.
Francis Whitaker feels that the points in the application are sufficiently
well done and since the wall is already there and not increasing the size
of the building and that its average is six feet high, on safety reasons
alone it is justifiable.
Josephine Mann would like to make sure that the secretary note that the
stairwell is on the- North side because this is ~he main reason the Board
is concerned about the health and safety.
Francis Whitaker asked the applicant if they would be putting a handrail
on both sides.
Kurimay said yes and that it was required by Code to do so.
Remo Lavagnino asked when the FAR come into ...
Bill Drueding said that is the new Ordinance 11.
Josephine Mann moves that the Board of Zoning Adjustment grant a variance
to enclose a stairwell, which is an addition of 34 sq. ft. because the stair-
well is on the North side of the building is not covered and because it ac-
cumulates ice and snow in the Winter time, public safety and welfare are
involved. The Board of Zoning Adjustment feels that this is a minimal
addition which is in the spirit of our comprehensive plan and in the spirit of
that neighborhood.
Francis Whitaker asked if Josephine would like to add that the stars and
the concrete walls are already existing.
Josephine adds that to her motion.
Francis Whitaker seconds.
Remo Lavagnino Aye
Josephine Mann Aye
Francis Whitaker Aye
John Herz Aye
Charles Paterson Aye
All in favor. Motion carried unanimously.
The Board of Zoning Adjustment reviews the minutes of July 22, 1982.
Francis Whitaker said that two names were mispelled. Zepp Kessler should be
Sepp Kessler and ~ary Mallard should be spelled Millard. Whitaker said that
on page 7 were it says "it is difficult to access whether it was just a zoninl
change..." It should read to determine rather than access.
Josephine Mann said that on page 7 it does not say why she was reading an
excerpt from the eode. Josephine said that if the Board says there is a
practical difficulty or hardship then there are other determinations to be
made. She was siting this portion of the code because the actions were the
result of the applicant. To clarify this statement the secretary is instruc-
ted to take out the word ~.
Josephine felt there were some unclear parts at the end of page four.
"The residents of bonus overlay was finally adopted in May 1980,Josephine
thinks that the word and should be put in after 1980.
Francis Whitaker moves that the minutes be approved as corrected.
Charles Paterson seconds. All in favor. Motion carried.
Remo Lavagnino said that the Board of Adjustment was given an information
packet for those applying fer a variance. Lavagnino said that there are
alot of things in there he feels need attention before they make a finaL
draft. He asked this be put on the agena for the next meeting.
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Remo Lavagnino asked the Board members to put their comments on the
draft copy for the next meeting.
Francis Whitaker moves that they adjourn.
Josephine Mann seconds. All in favor. Motion carried. Meeting adjourned
5:00pm.
.
.
M. Beall
Clerk
,1
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NarICE OF PUBLIC HEARING
Case No. R?-R
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 amended, a
public hearing will be held in the Council Room, City Hall, Aspen, Colo-
rado, (or at such other place as the meeting may be then adjourned) to
consider an application filed with the said Board of Adjustment reques~ing
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.
yo~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.
Date: September 30, 1982
Time: 4:00P.M.
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The particulars of the hearing and of the requested, variance are as follows:
Date and Time of Meeting:
Name and address of Applicant for Variance:
Name: Vicki L. Bagley
Address: 350 West Hopkins, Aspen, Colorado
1
Location or description of property:
Locat~on: 232 East Hallam, Aspen, Colorado
Descr~pt~on: Tennis Co rt ith 10' hi h d 1 i f
u w g woo att ce ence along east and north
boundaries.
Variance Requested: R~quired setback for 10' high fence creates usable yard
space and requires demolition of existing structure. Addition of 27 x 44' play-
room with bath and kitchen. Kitchen constitutes duplex.
Duration of Variance: (Please cross out one)
Temporarv Permanent
The applicant will not be represented by counsel.
THE CITY OF ASPEN BOARD OF ADJUSTMENT
BY Remo Lavagnirio, Chairman
Virginia M. Beall, Deputy City Clerk
...1..
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APPEll CO BOilRD or ZDrHNG ilDJUSlOflT
CITY OF ASPEfJ
DATE 9-H12
~ t..-: ~. ',."':.'
CASE NO. J? -;1
APPELLANT
Vicki'L. 'RaP'fAv' . "
,t-
......;...'."..,'. .
ADDRESS 350 West Hookin.;. Aspen.' Colorado'
PHONE 925-8041
OWNER
Vicki L. Bagley
ADDRESS 350 West Hopkins.
Aspen, Colorado
LOCATION OF PROPERTY
232 East Hallam. Aspen. Colorado
.
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lStree~ & ~umber of Subdivision Blk. & lot No.)
.
Building Permit. Application and prints or any other pertinent
data must accompany this application, arid 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 SHO\'IING JUSTIFICATIOtIS:
Ten1\is court with 10' high wood lattice fence along east and north bounparies.
Required setback for 10' high fence creates unusable yard space, and requires
demolition of existing structure. Addition of 27 x 44' playroom with bath
and kitchen. Kitchen constitutes duple".
.
. ~
? Yes No," I:.. ,--7 f'
SIGNED: \/~c/~.'~~~/
_Appellant '''~'
'Will you be represented by counsel
PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR
'10 FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON
FOR NOT GRANTING: Section 24-3.7 (c) Fences; hedges or walls shall be permitt
provided that,they sh&ll not exceed six (6) feet above grade~
Section 24-3.1 (f) (2) Two famil~ dwelling (al.6 known as a "duplex") :
A detached principal building contAining only two (2) dwelling units sharing
a common wall no less than twenty (20) per cent between both dwelling units.or
sharin~ a common ceiling or floor;'in whole or in part, connecting two (2)
dwelling unJts. The building departments decision is that the proposed
configuration does not need the above criteria of a duplex but is a 2 single
family dwelling.
The applitant will not be represented by counsel.
.
.
. 'St'a tus ;', .
PER'~IT REJECTED,' DATE~DECISION
APPLICATION FILED DATE IF HEARING
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...:.-DATE
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."AILE~
SECRETA~Y
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NOTICE OF PUBLIC,HEARING
Case No. R?-Q
BEFORE THE CITY, OF ASPEN BOARD OF ADJUS'IHENT
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 amended, a
public hearing will be held in the Counci1,Room, City Hall, Aspen, Colo-
rado. (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..
yo~views by letter, particularly if you have objection to such variance,
as ~he 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:
"
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Date and Time of Meeting:
,Date:
Time:
September 30, 1982
4:00 P.M.
Name and address of Applicant for Variance:
Name: Martin Breth
Address: 700 E. Elizabeth Fort Collins, Co. 80524
Location or description of property:
Location: 1006 E. Cooper, Aspen, Colorado
Description: Lot 6 plus the west 10' of lot M Block 34.
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Variance Requested:
See attached. **
The building department stated that the property is located in
re-existing non-conforming use. Section 24-8.13 - Minimum lot
is 6,000 sq. ft. Existing house and proposed house encroaches
Section 24-8.13. Side yard 5'. Rear yard 10'.
Duration of Variance: (Please cross out one)
R/MF zone and is a
are per dwelling
into set backs.
'I',:a'"'1'n"'~T"Y
Permanent
The applicant will not be represented by counsel.
THE CITY OF ASPER BOARD OF ADJUSTMENT
BY Remo Lavagnino,' Chairman
Virginia M. B~all, Deputy City Clerk
...6..
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APPEAI,..-TO nOMW OF ZorWIG ^DJUS;LeJI:IIT
CITY OF ^SPEtI
',.~
,..",
DATE, ~T. I (5 , 1'1'0"2-
APPEllAlIT ""'M-+i~ P...1-e,,~
. '., ,y'
""f b i:t. ~ e <,;"'....:.J'
I?;' \ ~f"~b,:>
eo....""'.f Co -
CASE NO. SL- if
ADDRESS -, 0.0 L~r..i"Z.~-I;:.e~ '
,"ort C::Ol\ I f,,)~, ~. ~ c S z,4'
PHONE 4'Ci'>' "''3010.
ADDRESS I \.oJ v.>. w'C!o,J "I e.r ~6
5o-~r..t.wood, 0"-'0 4-<;"3>'Z-"l.
.r "nt."b >l..' Iq..,.:t
10011 f:.. Co of-e.r" ~!. rt'-.J .. Co .
/.01" " pl.....$. ~ wes.t 10' of l-Dth\ P.>l-obk.."3
,Street. & Number of Subdivision Blk. & Lot No.
~ I'. ' "... "':.'
OWNER
LOCATION OF PROPERTY
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Building Permit'Application and prints or any other pertinent
data must accompany this appllcation, and will be made part of
.
CASE NO.
. ,
THE BlJARoHIlL RETURN THIS ,APPLICATION IF IT DOES NOT CONTAIN
All THE FACTS IN QUESTION.
.
DESCRIPTION OF PROPOSED EXCEPTION SHOHING JUSTIFICATIn~IS:
S~~ A. t'\~~ eJ \ l ~1: 01.' ~,Js k \ fS
.
.
'Will you be represented by counsel
, Ye, No-.lL _. ~"-tc. &
SIGNED: t~V\
, APP~t '
PROVISIONS OF THE ZONING ORDINANCE
TO FORHARD THIS APPLICATION TO THE
fOR NOT GRANTING:
REQUIRING THE BUILDING INSPECTOR
BOARD OF ADJUSTMENT AND REASON
Property is located in R/MF zone and is a'pre-e~isting non-conforming use.
Section 24-8.13 - 'Minimum lot are per dwelling -is 6,000 sq. ft. Existing
house and proposed house encroacnes into set backs. Section 24-8.13.
Side.yard 5'. Rear Yard 10'.
The applicant will not be represented by couns~l.
.
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'Status
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PER~IT REJECTED,' DATE .~.t 't{ ~'2- ' DECISION
APPLICATION FILED DATE IF HEARING
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t:AJLED
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SECRETA~Y
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HARDSHIPS
;:etg:tI~j:: let, altRetl~I'''''''-COOfORlHflg:4n~;-was~tI''B:::;,~ibc ^",Ch
-t\: Hj'a~-pr@seA-tI)' ""R@el R Mr, Thel cf&r'e,-,we l'itf",lt ~I.vufd-be-~.'
.tIt\.. ad t'11 bwils ts .th.e. I9resent 18RjPl!f~ t.~~.... ~ .. :II:.'~J t9 T!!.stf"iet the:
~~;ar uAit tu 8 miniJflblAl siH _~8_r~l.t~ lease (s~_ ....ttaeheef esp, sf BL_a).
,
Rear Setback:
There is presently a shed on the back of the property 'which straddles
the property line (see attached surveyor's certificate), which has been
there since the previous owner bought the property. There is also an
existing residence located with 2' of the gravel alley on Lot K to the
west and a utility pole located between Lot L and Lot M also on the
alley (see architectural drawing, Sheet #1),
Since our property line is actually located 9'6" from the alley itself, we
should be allowed to build inside the normally required 15' rear setback.
Enchroachment:
The necessity of having a two story addition I' from the property line is
not only to our liking from additonal space, but also for aesthetical and
practical use of the existing structure.
Part of the subject structure is presently located .9' on adjacent Lot K,
We are going to remove that part of the building from Lot K, set back
1', and provide 2 hour fire protection to that part of the building which
is not within the legal setback requirements,
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~'N'U:
Unit 1 Peter Hershaw
555 East Durant Apt 3J
Aspen, CO 81611
vGnit 2
~it 3
VUnit 4
~t 5
iG"nit 6
/'
vUnit 7
~8
~
Richard J,
Box 2329
Aspen, CO
& Aliena Meeker
81612
Same as unit 2
Richard J, Barnett
Northern Trust Co,
50 Saint La Salle Street
Chicago, I L 60675
The Dexter Group
26400 Southfield Rd,
Lathrup Village, MI
Same as units 2 & 3
C, C, Harris
p, O. Box 4390
Aspen, CO 81612
Richard & Helen Morton
Security Trust Bldg., Suite 506
Miami, FL 33131
*~~NDOM~M~7'-'
~ 1 Vincenti Building Co,
24054 Greening
Novi, MI 48050
Unit 2 Same as unit 1
~LAGER TOWNHOUS~
Unit 1 Don & Jack Crawford
3401 East Ocean Blvd,
Long Beach, CA 90803
Unit 2 Betty 5, Byers
Box 1952
Aspen, CO 81612
Unit 3 Melvyn A, anhalt
1100 The Doctors Center
7000 Fannin
Houston, Texas 77030
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VILLA9ER TOWNHOUSES (cont'd,)
Unitt4' Alexander L. Gron
Box 10760
Aspen, CO 81612
Unitj
Gary & Kathleen Albert
Richard & Joyce Weissman
29 Olney Ave.
Cherry Hill, NJ
Unit I Penny Colburn
Anthony Mitchell
Box 3896
Aspen, CO 81612
Unit J Susan S, Hojel
Reforma 2233
Edif Sauces 501
I Mexico, ID DF
Unit Alexander Gron
Ronald G. Domont
Box 9200
Aspen, CO 81612
08003
PROPERTY
Is 1/2 K,L,M, Block 33
VEdward H, & Arlene E. Brennan
Box 1965
Aspen. CO 81612
)'J 1/2 K,L,M, Block 33
yL & E Properties, Ltd,
145 South G rape Street
Denver, CO 80222
/Lots N & 0, Block 33
Becky Noonan Drew
P. 0, Box 492
Aspen 1612
J<6t A, 6lOCK 34
v~eland F, Barllett
Box 936
Aspen. CO 81612
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PROPERTY (cont'd.)
ot , ock 37
Jennie H, Cowling
939 East Cooper Ave.
Aspen, CO 81611
HOUS/~r~~e J:::~: K, .;~;ray -"
Y.. Box 352
~~/-.f\5Pen-;- CO__aT!;1:2
.____ 3"-
COOPER AVENUE VICTORIANS
Gideon Kaufman
Jerome Meister
Box 10001
Aspen, CO 81612
Unit/Joseph Samalion
592 S,W. 27th Ave,
Miami, FL 33135
unii
Barry Edwards
600 E. Hopkins, Suite
Aspen, CO 81611
101
uniy
Nancy Martori
Box 9788
Aspen, CO 81612
Unit, ~ Anthony Podell
iI 1312 Vueltz Place
Palos Verdes Estates, CA
90274
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PROPERTY
A10' of Lot
Susan Lum
Box 1571
Aspen, CO
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0, all of Lot P, Block 34
81612
RIVERSIDE CONDOMINIUMS
Unit ,/ David C. Reeves
V P.O,Box 100, Suite 4802
Toronto Dominion Bank Tower
Uni~
uni;
un;)
Larry M, Sali .e'-man
Robert M, Levine
2240 Lee Avenue North
Minneapolis, MN 55422
Jerry & Joyce Mankarsh
2292 Betty Lane
Beverly Hills, CA 90212
Mogulhopper Properties
c/o M. A. lighe
Northern Trust Co.
Chicago, IL 60675
U/iit 5 ichael W, Syete
Dave Thomas
257 Consumers Rd,
Willowdale, Ontario
CANADA N2J 4R
un/it 6 Theodore Haftel
Howard Parkin
873 Emerald Trail
Martinsdale, NJ 08836
U7
Gary Glasyar
Estela Beale
Denver Nt'l. Bank Bldg,
1125 17th Street, Suite 2480
Denver, CO 80202
Unit 8 Jeffrey H, Sachs
I c/o Arnold Greenberg
201 N. Mill St.
Aspen, CO 81611
Unit/
Leornard & June Horwitz
1290 Pembrake Lane
Topeka, KS 66004
Unit 101 Ann Grace Turnbull
iI Box 15005
Aspen, CO 81612
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UTE CONDOS
101
;/
James T. Newsom
Fredrick Beihl
c/o Schook, Hardy, & Bacon
1101 Walnut St.
Kansas City, MO 64108
102 /Nicholas & Darlene
J/ 3639 Virginia
St. Louis, MO
Bockwinkel
103 ./ John L. Frey
Y 415 S, Spring St.
Aspen, CO 81611
201 ~artin Greenberg
y ~illage Squire Main St.
Westport, CT
202 Kurt & Alice Curtis
/Curzon Rd,
Kew Gardens, NY 11418
203 Same as 202
204 Lovall Anoceatin
,/ c/o Graham Loving
r 558 Roaring Fork Rd,
Aspen, CO 81611
301/ R, W. Stoly
0166 Caballo
Carbondale, CO
81623
302 ,j
John M, Custer
1020 East Durant #302
Aspen, CO 81611
303 /
Richard S, Reynolds
1020 East Durant Suite 303
Aspen, CO 81611
/Donald & Judy Wrigley
I' p, 0, Box 3399
Aspen, CO 81612
304
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Block 33
: j Lots A,B,C,D,E
IJ/ Harry W, Bass, Jr,
1150 Mercantile Dallas Bldg.
Dallas, Texas 75201
~'G' H, Lot 5, Block 5 Riverside
Patricia Williams Card
Box 177
Carbondale, CO 81623
Addition
P & Q
Ten Sixteen East Hyman Condominiums
ut1
Warner Villa Inc, A California Corp.
P. 0, Box 92
Woody Creek, CO 81656
U/
Mayom Jewelers I nc,
283 Catalonia Ave.
Coral Gables, FL 33134
R & S
Molny-Eubanks Subdivision
Lot~
Robin Molny
1020 East Hyman Ave
Aspen, CO 81611
LO;!
Dale Eubank
P.O,Box 3678
Aspen, CO 81612
Block 34
/H & I
V C, M, Clark
Joseph T. Zoline
p, O. Box 566
Aspen, CO 81612
L'OCk 37
VLot K, W 22' of L
Sepp H, & Jane Kenler
960 East Durant Ave.
Aspen, CO 81611
E 8' L & W 22' M
Little Jewel Condominiums
"'it 1
Louise M, Frisby
Box 5024
Aspen, CO 81612
Unit 2
Same as Unit
Unit 3 Same as Unit 1
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)BIOCk 35
D,E,F.G
Frank & H_zel Loushin
P. O. Box 582
Aspen, CO 81612
H & I
I Charles D, Tower
Box 301li
Aspen, CO 81612
M,N,O.P
Same as D,E,F,G
Q & R
Petite Roche Condominiums
~nyt 1 Cooper Street Partnership
Ii, 3li26 Old Cantrel Road
Little Rock, AR 72203
Unit 2 Same as Unit 1
S
lurtis & Ann Slavens
t/P. 0, Box 215
Aspen, CO 81612
Block 32
R & S
H YJP"l n
y1\it 1
Avenue Victorians
Perry A, Harvey
Box 256
Aspen, CO
81612
72
Kenneth A, Owen
Jane C, Owen
li751 Ocean Ave.
Corpus Christi, Texas
78li08
Unit J
/
Y
Carolyn Carder
37 Eagle Drive
Littleton, CO 80123
Block 118
E,F,G
~exander G, Kaspar
/0 Clark & Co,
Box 566
Aspen, CO 81612
H & I
William & Mary Sheehan
Box571
Aspen, CO 81612
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Block 118 (cont'd,j
P,Q,R,S
<;-,:> '. Bran Bed Associates
926 East Durant
Aspen, CO 8'~11
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HARDSHIPS
Illegal Unit:
IYV\~ ~ &
~-Pl-C-sl;lb.;~_l let; -3-ftl1etl~l.. r~':'l /f<rmr~~~~:-."V.'a:s-'-:~H:lbeli'f.iBeEi --f3-Lil5l~ ~t(d'~'..ud
Ll 1 r', Oil J :_ .... ___Fltl",. 28FHlel R Mr. ----T't=fe.-I (.ft;i:e~'~~~:'-K(,T-';I't. JLv_k1 L~
d'11 a-;f 19 liawilef li --tJ:tf:_~-~-_... i!!8Ail.ff. rh~ _. _ ,'II:..~ ~_ . _8t)!-':j@t the:
1~-"iif--Ynltl8- 8-.-mmiRH:I~_.s.lli RI_8AtA_ le3se (13.:...... _ttaGAee eep3',' af 8__.1).
Rear Setback:
There is presently a shed on the back of the property which straddles
the property line (see attached surveyor's certificate], which has been
there since the previous owner bought the property, There is also an
existing residence located with 2' of the gravel alley on Lot K to the
west and a utility pole located between Lot L and Lot M also on the
alley (see architectural drawing, Sheet #1),
Since our property line is actually located 9'6" from the alley itself, we
should be allowed to build inside the normally required 15' rear setback,
Enchroachment:
The necessity of having a two story addition l' from the property line is
not only to our liking from additonal space, but also for aesthetical and
practical use of the existing structure,
Part of the subject structure is presently located ,g' on adjacent Lot K,
We are going to remove that part of the building from Lot K, set back
1', and provide 2 hour fire protection to that part of the building which
is not within the legal setback requirements.
:
. :EAL TO BOARD OF ZorHNG' JUST11ErIT
CITY OF ASPErl
DATE, ~f"" I t5 \ \ '1 't>-z-
APPELLANT (V\eU'-\-i...) ~c>1\..
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CASE NO. 82,-?
ADDRESS '7 0.0 ~,~l,.i'2.<:t'6et1.-.. '
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OWNER
, LOCATION OF PROPERTY 100(, f;., CoOfe-< ,c.~rt'~: Co .
/.01" '" I....> -f'h.R- we~t ID' Df ~DtM bl,..obk.. '"3
..: ,Street. & Number of Subdivision Blk. & Lot No.
Building Permit' 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.
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DESCRIPTION OF PROPOSED EXCEPTION SHOHING JUSTIFICATImIS:
S~~ A. +1~heJ \ l ~1 ot. ~.~ s k, fS
1 y" NO~. ~-r.. 6
SIGNED: ~OVUVV\
, Appell nt '
'Will you be represented by counsel
PROVISIONS OF THE ZONING ORDINANCE
, TO FORWARD THIS APPLICATION TO THE
FOR NOT GRANTING:
REQUIRING THE BUILDING INSPECTOR
BOARD OF ADJUSTMENT AND REASON
P rt 's loeated in R/MF zone and is a'pre-existing non-conforming use,
rope Y ~ ~ 'f E' t'
Section 24-8.13 _ 'Minimum lot are per dwelling'is 6,000 sq. t. x~s ~ng
house and proposed house encroach.es into set backs, S,ection 21,-8.13.
Side, yard 5'. Rear Yard 10'.
The applicant will not be represented by couns~l.
'Status
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Signed .
PERMIT REJECTED t' DATEct\ ~{~'L-' DECISION
APPLICATION FILED DATE IF HEARING
DATE
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- SECRETA~Y
NOTICE OF PUBLIC,HEARING
Case No. R? Q
BEFORE THE CITY, OF ASPEN BOARD OF ADJUSTKENT
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 amended, a
public hearing will be held in the Council,Room, City Ball, Aspen, Colo-
rado, (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 Zoniog 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,.
yo~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 Meeting:
Date:
Time:
September 30, 1982
4:00 P.M.
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Name and address of Applicant for Variance:
Name: Martin Breth
Address: 700 E. Elizabeth Fort Collins, Co. 80524
Location or description of property:
Location: 1006 E. Cooper, Aspen, Colorado
Description: Lot 6 plus the west 10' of lot M Block ~4.
Variance Requested:
See attached. **
The building department stated that the property is located in R/MF zone and is
re-existing non-conforming use. Section 24-8.13 - Minimum lot are per dwelling
is 6,000 sq. ft. Existing house and proposed house encroaches into set backs.
Section 24-8.13. Side yard 5'. Rear yard 10'.
Duration of Variance: (Please cross out one)
'T'~-rq;pn,..a-r~
Permanent
The applicant will not be represented by counsel.
THE CITY OF ASPER BOARD OF ADJUSTMENT
BY Remo Lavagnino, Chairman
Vlrginia M. B~a11, Deputy City Clerk
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