HomeMy WebLinkAboutlanduse case.boa.214 Lake Ave.006-81
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APPEAr TO BOARD OF ZONING ADJUSir1EiH
CITY OF ^SPEN
DATE July 7, 1981
APPELLANT A. J. Dietsch
CASE NO.
. OWNER
Same
ADDRESS_.5..0 S. steele Street Suite 500
Denver, Colorado 80209
PHONE 303-9?0-1727hm!.5.9.1=0307 of.
ADDRESS
LOCATION OF PROPERTY 214 Lake Avenue Aspen, Colorado
Lot 17, Block 103,Hallams Addition
. (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.
DESCRIPTION OF PROPOSED EXCEPTION SHOHING JUSTIFICATIn~IS:
Request to "pivot" the S.W tip of thehouse three feet into the west
side yard set back.
Please see the attached letter for Justifications;
Will you be represented by counsel? Yes____No--X-
Architectural Representative-C. Welton Anderso ,
SIGNED: .
Appellant
576
PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR
TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON
FOR NOT GRANTING:
Application is made for a building permit to build a two
family dwelling. The proposeQ two family dwelling will
have a side yard of (2) two feet.
The minimum required sideyard is (5) five feet. See 24-3.4
Area and bulk requirements R-6 Zoning District.
PERMIT REJECTED, DATE
APPLICATION FILED
MAILED
./r
~~-
DECISION DATE
DATE IF HEARING
SECRETARY
Status
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C Welton Anderson & Associates
A'chitects
TO:
Executive Board; Aspen Center for Environmental
Hallam Lake; Aspen, Colorado
Mr. Jack Nicholson, 206 Lake Avenue
Dr. and Mrs. Charles Oliphant, 210 Lake Avenue
Mr. Henry Pederson, 212 Lake Avenue
Al and Germaine Dietsch, 214 Lake Avenue
Jack and Jackie Wogan, 220 Lake Avenue
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FROM: C. Welton Anderson, Architect
RE: Design approval for the Dr. and Mrs. Charles Oliphant, Henry
Pederson and Al and Germaine Dietsch Lake Avenue Residences, Aspen
DATE: 27 March 1981
As required by Aspen City Council, the above mentioned parties which I
represent have applied for and received Historic Designation by the Historic
Preservation Committee and Aspen City Council. They have also applied
for and received Design Review Approval by the H.P.C. with the condition
that adjoining property owners be given the opportunity to review the
proposed changes.
Lacking the Design Review Criteria established for the Commercial Core and
Main Street Historic Districts, the H.P.C. felt it appropriate that the
neighbors adjoining each of the aforementioned properties should indicate
that they have received, reviewed and generally approved the proposed
design changes as to consistency and compatibility with the surrounding
homes.
To date, the H.P.C. has on file letters of approval from ACES and Henry
Pederson for the Oliphant Residence.
Still needed are Mr. Nicholson's approval for the Oliphant Residence;
the Oliphant's approval of the revisions to Henry Pederson's Residence;
ACES approval for the revised Pederson and Dietsch Residences; Mr. Pederson's
approval of the Dietsch Residence; the Dietsch's approval of the Pederson
revision; and the Wogan's approval of the Dietsch Residence.
It was therefore determined that the appropriate architectural drawings
accompanying this single letter be delivered to each neighbor involved
to avoid the complex criss-crossing of approvals. The Historic Preservation
Committee responded to the logistical problems of such an undertaking by
determining that any neighbor supplied with the appropriate materials and
this explanation and request for review and comment, who does not respond
before a certain date (May 1, 1981), shall therefore have given implied
approval.
Please feel free to call me any early evening, seven days a week should
there be any questions at all; and when complete, please use the enclosed
Planning / Architecture / Interior Design
Box 9946/ Aspen .Colorado 81612/(303) 925- 4576
DESIGN APPROVAL
Page 2
envelope to return this letter, which will be forwarded to the H.P.C.
at the public hearing. Your comments and signature will be of great help
in expediting this portion of the "red tape" and is greatly appreciated.
Sincerely,
C. Welton Anderson, Architect
On behalf of: Henry Pederson
Dr. and Mrs. C.W. Oliphant
Mr. and Mrs. A.J. Dietsch
CWA/mgb
enclosures
C Welton Anderson & Associates
Architects
'1'0.
Aspen Board of Adjustment
FROM I
C. Welton Anderson
RE.
Encroachment on setback of Lot 17, Block 103, by
three feet
DA'1'E:
1 June 1981
BACKGROUND:
My clients, Al and Germaine Dietsch, commissioned me to remodel and
add to a house for 214 Lake Avenue (Lot 17, Block 103, Hallams
Addition), which they were in the process of purchasing from the
owners of Lot 16, Jack and Jackie Wogan. After designing a home
with which the Dietsches were very happy, we faced the ordeal of
satisfying the various conditions imposed by council on the
WPW Subdivision in 1977. After receiving Historic designation
from H.P.C. and City Council, after receiving H.P.C. preapplication
approval, it then became a nightmare.
'1'he Wogan's hadn't told me, and the Dietsches had forgotten
that a lot line change was pending, widening the front of Lot
17, some eighteen (18) feet and reducing the rear a like amount
(on the lake front). I redesigned the entire structure over one
we.ekend evening, since all parties were then in Aspen.
'1'he Planning and Zoning Commission next reveiwed and granted
this lot line change.
Next, the H.P.C., in order for us to receive Final Approval,
required an extraordinary measure; written design approval
from each and every adjoining property owner for the Dietsch
Housel and for the neighboring Pedersen and Oliphant houses,
which I was also designing. ('1'0 better understand this "comedy
of errors" read the enclosed letter.)
While this process was occuring, P&Z granted Subdivision Exception
based on the new lot lines. Shortly thereafter, when the Wogans
went to file the new lot line (widening the Dietsches' front
and reducing their rear lines) it was discovered that a separate
lot line adjustment predating this by several years had never
been formally filed. The Wogan's dropped the whole lot line
chang~ frustrated because a full scale neighborhood war was
coming to a head over this and all the other extraordinary
circumstances surrounding the WPW Joint-venture Subdivision.
Planning / Architecture / Interior Design
Box 9946/ Aspen ,Colorado B1612/(303) 925-4576
,
Aspen Board of Adjustment
Lot 17, Block 103, Hallams Addition
Page 2
APPLICATION:
The purpose of recounting this saga in our request to "pivot"
the S/W tip of the house three feet into the west side yard
set back is to illustratel
If
1) That enough "substantial property rights have already
been denied by governmentally imposed conditions, by trying to
please the neighbors all sides (frequently to the Dietsches'
disadvantage in an effort to conform to the design tastes
of every nieghbor); and to be denied the space for a realistic
drive way adequate for required off street parking, snow removal and
trash pickup without yet again redesigning the house and rendering
it even more unliveable,
2) That these unusual conditions and circumstances are
without question unique to this property.
3) And that the slight relocation harms neither the City
of Aspen's Overall Plan nor the Wogans, whose lot line change
would have put it in just this location. The Wogan~ will provide
written support indicating their support if you wish.
Please realize denial will mean going through a lot of the mandated
approval "processes" above delineated yet again; extensive reworking of
plans with which the Dietsches are very excited dispite all the
compromises, and meaningless extra expense for both the taxpayer and
CeW~r:~
C. Welton Anderson
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CITY OF ASPEN
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130 s<;luth galena street
aspen" colorado,>" 81611
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MEMORANDUH
Date: November 19, 1981
To:
C. Welton Anderson, Architect
Planning / Architecture / Interior
Box 9946
Aspen, Colorado 81612
Virginia H. Beall ~
Design
From:
Re: Documentation on Case #81-6 A.J.Dietsch
The Board of Zoning Adjustment met on October 22, 1981. Case #81-6 A.J.Dietsch
was on the agenda under "Old Business", The Board of Zoning Adjustment did not
receive the documentation on an easement in order to grant the vari~nce.
Welton, you had agreed to have the information before the Board no later than
October22, 1981 at the previous meeting of October l, 1981. Needless to say the
Board members were not pleased when they heard that you were out of town and the
documentation was not before them.
Fortunately, Gideon Kaufman was present at the meeting of October 22, 1981 and
spoke on behalf of the applicant. He requested the item be tabled until the next
regular meeting. I am enclosing the minutes of this meeting for your review..
Please notify the applicant that he must comply with the requirements in order
to receive. the variance.
As Deputy City Clerk and secretary to the Board of Adjustment, the scheduling
and rescheduling of this case is becoming a "hardship" to me and unnecessary
work. I do hope that this variance will be granted and this case will be resolved
on Thursday, December 10, 1981 at 4:00p.m.
cc Gideon Kaufman
cc Building Inspector
cc Board of Zoning Adjustment
.
NOTICE OF PUBLIC HEARING
Case No. 81-6
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTME~'T
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.
The particulars of the hearing and of the requested variance are as follows:
Date 'and Time of Meeting:
Date:
Time:
OCTOBER 1, 1981
4:00 PM
Name and address of Applicant for Variance:
Name: A. J. DIETSCH
Address:
214 Lake Avenue , Aspen, Co.
81611
50 S. Steele Street Suite 500
Denver, Co.
Location or description of property:
Location: Lot 17, Block l03 Hallams Addition
Descrip tion:
Request to "pivot" the S.H. tip of
. set back
Varl.ance Requeste : Application is made for
dwelling. The proposed two fmaily dwelling will
The minimum required sideyard is (5) five feet.
Zoning District.
(2l4 Lake Avenue, Aspen )
the house three feet into the west side yard
the building permit to build a two family
have a side yard of (2) two feet.
Sec. 24-3 Area and bulk requirements R-6
Duration of Variance: (Please cross out one)
THE CITY OF ASPEN BOARD OF ADJUSTMENT
BY Remo Lavignino, Chairman
Virginia. ,M. Beall, Deputy City Clerk
.
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APPE/[ TO BOARD OF ZONING ADJUs111Ern
CITY OF ^SPEtl
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,
DATE
September 3. 1981
CASE NO.
APPELLANT
A'. J. Die-tsch
ADDRESS 5rr S. Steele Street Suite 500
Denver, Colorado 80209
PHONB03-920-l727 393-0307 ~sfice
OWNER
Same
ADDRESS
LOCATION OF PROPERTY
214 Lake Avenue, Aspen, Colorado
81611
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Lot l7, Block l03 Hallams Addition
lStreBt & Number of Subdivision Blk.& Lot~o.)
Building Permit Application and prints or any other pertinent
data must accompan'y 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.
DESCRI PTI ON OF PROPOSED EXCEPTION SHOHI NG JUSTI FI CATIOns:
Request to "pivot" the S.W. tip of the house three feet into the
west side yard set back.
Please see attached letter for justification.
Will you be represented by counsel? Yes No x
Architectural Representative - C. WeltsorGNAtDd~r~~~
'- ' Appefl ant . {
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
MAILED
..
DECISION
DATE IF HEARING
SECRETARY
DATE
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lOCATION OF P\{OPEHTY
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Lot l7. ~locX lC3,Pallams Addlt~On
TStreet &' Number of SubdTviSi(;n'BI:(',iI"TOn~
Building Permit Application and prints or any ether pertinent
dmtl must accompany this application, and will De ~cde Dart of
CASi .0,
THE BOARD WILL RETURN THIS APPLICATION'IF IT DOrS NOT CONTAln
ALL THE FACTS IN QUESTION.
DESCRIPTION OF PROPOSED EXCEPTION SHOHING JUSTIFICATIn~IS:
!&quest to Np1vot- the S.W tip of thehouse three feet 1nto the west
.14. )"ard set 'back.
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PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR
TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON
fOR NOT GRANTING:
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C. Welton Anderson & Associates
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Architects
FROM:
Executive Board; Aspen Center for Environmental Studies ( of{~ 6l/~
Hallam Lake; Aspen, Colorado /
Mr. Jack Nicholson, 206 Lake Avenue
Dr. and Mrs. Charles Oliphant, 210 Lake Avenue 1/, ~L_^l",_I_
Mr. Henry Pederson, 212 Lake Avenue o(v,N.<A... if"?ruv-Y~
Al and Germaine Dietsch, 214 Lake Avenue .
Jack and Jackie Wogan, 220 Lake Avenue
C. Welton Anderson, Architect
TO:
RE;
Design approval for the Dr. and Mrs. Charles Oliphant, Henry
---=-
Pederson and Al and Germaine Dietsch Lake Avenue Residences, Aspen
DATE:
27 March 1981
As required by Aspen City Council, the above mentioned parties which I
represent have applied for and received Historic Designation by the Historic
Preservation Committee and Aspen City Council. They have also applied
for and received Design Review Approval by the H.P.C. with the condition
that adjoining property owners be given the opportunity to review the
proposed changes.
Lacking the Design Review Criteria established for the Commercial Core and
Main Street Historic Districts, the H.P.C. felt it appropriate that the
neighbors adjoining each of the aforementioned properties should indicate
that they have received, reviewed and generally approved the proposed
design changes as to consistency and compatibility with the surrounding
homes.
(To date, the H.P.C. has on file letters of approval from ACES~nd Henry
~ederson for the Oliphant Residence.
Still needed are Mr. Nicholson's approval for the Oliphant Residence;
the Oliphant's approval of the revisions to Henry Pederson's Residence;
ACES approval for the revised Pederson and Dietsch Residences; Mr. Pederson's
approval of the Dietsch Residence; the Dietsch's approval of the Pederson
revision; and the Wogan's approval of the Dietsch Residence.
It was therefore determined that the appropriate architectural drawings
accompanying this single letter be delivered to each neighbor involved
to avoid the complex criss-crossing of approvals. The Historic Preservation
Committee responded to the logistical problems of such an undertaking by
determining that any neighbor supplied with the appropriate materials and
this explanation and request for review and comment, who does not respond
before a certain date (May 1, 1981), shall therefore have given implied
approval.
Please feel free to call me any early evening, seven days a week should
there be any questions at all; and when complete, please use the enclosed
Planning / Architecture / Interior Design
Box 9946/ Aspen ,Colorado 81612/(303) 925.4576
~'"
DESIGN APPROVAL
Page 2
envelope to return this letter, which will be forwarded to the H.P.C.
at the public hearing. Your comments and signature will be of great help
in expediting this portion of the "red tape" and is greatly appreciated.
Sincerely,
t !))~ ~J:-
C. Welton Anderson, Architect
On behalf of: Henry Pederson
Dr. and Mrs. C.W. Oliphant
Mr. and Mrs. A.J. Dietsch
CWA/mgb
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TO!
Aspen Board of Adjustmp.nt
FROM!
C. Welton Anderson
RE!
Encroachment O~ s~tback of l,~+
three feet
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DA'1'E:
1 June 19B1
BACKGROUND:
My clients, Al and GeJ:'mf)i~" ,1"',,,'..
add to a house for 214 =,~,;e ,-..',,, ," \ ",
Addition), which they werp in "j ~ ~r' OA'
owners of Lot 16, Jack ana .;:,~i,' '., a,1.
with which the D1etsches were ~lf:" 1.'_,. ;.-,"
satisfying the various concll tL " , .
WPW Subdivision in 197'? AP'::, I'ec..,;-',:>
from R."P. C._ __.~_n~L_Clt_y~._.G_Q._unc i 1. I -" f'+-., r ':,'.- ,:-,,'
approval, it then beca::>e a",;,: t,>
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1"re WOf;!,an's r:adn't tnl-J ~f'I:;, 'l .~.~, '..'
~hat a let line chan.:" WIi' r' .;", ,.
17, SOr.ie, e1p;htee",,: (lH) f~p'" '-i~k: ,,-,)
(on the lake front). 1 l'P.;F'l- "
w"ekend evenino:, since Ii] l -":"
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'Ie xt. the P. P. C.. in 0 rd e r ~ ''; , (' r e', " , ,
required an extraord1nary ",eh"'~l- ,',' '.'
from each and p.very .djoinln;r ~r=oer'
~JouseJ and for tr,e ~_ei,..[rl['lor~"'J. l/,:,~.li_ Y"
which I was also desl11n\noc. ('~cJ ':C','",
of errors" read the e~clcs~~ 10Trer.
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'..Jhile this process was occ'lrlm:, i'.Z .:ri'1~''j 'dlvisl0'1 r,xception
oased on the new lo~ lines. ~~crtlj tn0~~":fter, when t~e ~ovans
went to file the new lot line (wldenln~ '~e jla.sches' front
and reducing their rear lines) it was jlscovered th~t a separate
lot line adjustment predatin;:r rhis ty severgl years had nev~r
bp.en formally filed. 'floe 'lio;ran's dropped the wIJole lot ll>:e
chang~ frustrated because a L,ll sca,ie nel"'1borr.ood war was
coming to Ii head over this ane: ",1 ~he ether extraordinary
circumstances surrounding the" ^ Joint-vlont'lre Subdivision.
Planning / ArchItecture / Interior Design
Box 9946 Aspen ,Colorado 81612/(303) 925-4576
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Aspen Board of Adjustment
~ot l7. Block l03. ~allams AdditiQ~
i- q.,~e 2
;;.rc.ICA'1'IONI
n""p purpose of recountin' t,.\" "
":e ';/,f tip of the hOJ3e t'.~c.,. f'
'et ba~k is to illus"ratPI
1) "'hat enou.-h "S:J':;~,"'"
"een denied by o;oven::C"',t'
'J p,~s e the neighbor' ,...
:tsadvantH~e it1 a~~ ef'~r!l',
0" pvery n:cel-'r.bor) ;'~:;
drive way adequate ;"r r'
,::rJlsn pickup wi t':r.(,,1~'" "'~ T,
it even more unllvea' .e.
2) "'hat tnes e '.",,1" _'-i .
without question unl1uD '0
3) And that t~e ~
of Aspen's Overall l;lPJ~ :.( .',~
would have P'lt It j n .:."
written suppo!'~ 1ncijC:fi."_~
Please realize denial,,',:' ,"
approval "processes'l nbt'",p ~
plans wlt~ which th2 S:o.~~r'
compromises. a~d meani~ul~
the applicant.
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July 10, 1981
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LIST OF PROPERTY OWNERS WITHIN 300 FEET OF PROPERTY:
Lot 17, Block 103, Ha11ams Addition
214 Lake Avenue, Aspen, Colorado
A.J. Dietsch, owner
206 Lake Avenue:
210 Lake Avenue:
212 Lake Avenue!.
214 Lake Avenue:
220 Lake Avenue:
Hallam Lake:
John J. Nicholson
Lou Adler
c,o Robert S, Colbert
P.O. Box 67006
Los Angeles, California
90067
Dr. and Mrs. Charles W. Oliphant
4400 One Williams Center
Tulsa, Oklahoma 74103
Mr, Henry W. Pedersen
212 Lake Avenue - Box.... 13+ i /1:,/<..
Aspen, Colorado 81611 '
(111'''. l_ b_ lu~ud d_ll.8.&1 ... A__\...t r~. 1':)
A. J, Dietsch
50 S. Steele Street
Suite 500
Den~~~, COlorado 80209
Mr. John B. and Jacqueline T. Wogan, Jr.
600 S. Cheery Street
Denver, COlorado 80222
Aspen Center For Enviromenta1 Studies
Box 8777
Aspen, Colorado 81612
We have enclosed pre-typed envelopes for your convenience
when mailing the noties ~f public hearing,
,
A.J. DIETSCH
AFFIDAVIT OF POSTING OF PUBLIC NOTICE
I hereby confirm that the Planning and Zoning Notice
signage required to be posted on the property at least
10 days prior to the hearing before the Planning and
Zoning Board of the City of Aspen, was posted by me,
MARCIA L. POUTOUS, on September ~, 1981, and has
remained posted each and every day since that time in
a conspicuous place viewable from the city street.
In witness whereof I have
heretofore sermy hand and
seal this ~ day of Octo-
ber, 1981.
c-
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MARCIA POUTOUS
P.O. Box 914
Aspen, CO 81612
Date of Birth: lO/7/54
PUBLIC
ission Expires:
Ffyman Ave.
CO
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CITY OF
ASPEN
130 south galena street
aspen, colorado 81611
303-925 c2020
August 10, 1981
C. Welton Anderson & Associates
Planning/Architecture/Interior Design
Box 9946
Aspen,.Colorado 81612
Dear Welton Anderson,
I regret to inform yon that your application to the Board of Zoning
',1,
Adjustment is being returned. The Board of Adjustment met on August 6, 1981
and decided that you did not comply with the code requirements in application
for the A.J. Dietsch residence. The Application for Variance sign was not
posted on the property. A representative for the Dietsch's was not present
at the Board meeting. A photograph of the property showing the sign and
an affidavit stating the sign was postedts needed to demonstrat~ that the Board's
rules have been complied with. It is the intent of the Board that' the applicant
reapply and pay a new fee. Please comply with the memorandum on Posting
Requirements and have a representative present at the next meeting if you
want to continue your appeal to the Board of Zoning Adjustment. If you have
any questions please feel free to contact the City Clerk's Office (925-2020 ext229)
Thank-you
Sincerely,
~*~
Virglnia M. Beall
Deputy City Clerk
I.
II.
Ill.
IV.
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CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
AGENDA
ASPEN BOARD OF ADJUSTMENT
July 14, 1981
City Council Chambers
APPROVAL OF HlNUTES
NEt! BUSINESS
Case II 81-5 Bar~)ara .Fashing
Case # 81-6 A. J. Dietsch
COMlllTTEE COIlMENTS
ADJOURN
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C. Wetton Anderson & Associates
Architects
September 3, 1981
Virginia:
I have refiled Dietsch with the Board of Adjustment this
date and have summarily erected the sign and will provide
photos and an affidavit as they affect the posting of the
sign before the hearing date.
Enclosed please find typed envelopes bearing the adjacent
property owners. I hope this will help you out some.
Thanks for all your patience and understanding.
Mary Ann Maxwell
Secretary to C. Welton Anderson
Planning / Architecture / Interior Design
Box 9946/ Aspen ,Colorado 81612/(303) 925-4576
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C Welton Anderson & Associates
Architects
July lO, 1981
LIST OF PROPERTY OWNERS WITHIN 300 FEET OF PROPERTY:
Lot l7, Block l03, Hallams Addition
214 Lake Avenue, Aspen, Colorado
A.J. Dietsch, owner
206 Lake Avenue:
210 Lake Avenue:
212 Lake Avenue:
214 Lake Avenue:
220 Lake Avenue:
Hallam Lake:
John J. Nicholson
Lou Adler
c.o Robert S. Colbert
P.O. Box 67006
Los Angeles, California
90067
Dr. and Mrs. Charles W. Oliphant
4400 One Williams Center
Tulsa, Oklahoma 74103
~~i ~:~~y A~~n~:dersen #dK 13Y II.:'//c,,/ ~
Aspen, Colorado 8l6l1 ~-'
(notice to be hand delivered by Architect)
A. J. Dietsch
50 S. Steele Street
Suite 500
Denver, COlorado 80209
Mr. John B. and Jacqueline T. Wogan, Jr.
600 S. Cherry Street
Denver, COlorado 80222
Aspen Center For Enviromenta1 Studies
Box 8777
Aspen, Colorado 8l6l2
We have enclosed pre-typed envelopes for your convenience
when mailing the noties of public hearing.
Box 9946/ Aspen .Colorado 81612/(303) 925-4576
Planning / Architecture / Interior Design
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July 10, 1981
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LIST OF PROPERTY OWNERS WITHIN 300 FEET OF PROPERTY:
Lot 17, Block 103, Hallams Addition
214 Lake Avenue, Aspen, Colorado
A,J. Dietsch, owner
206 Lake Avenue:
210 Lake Avenue:
212 Lake Avenue1
214 Lake Avenue:
220 Lake Avenue:
Hallam Lake:
John J. Nicholson
Lou Adler
c,o Robert S, Colbert
P,O. Box 67006
Los Angeles, California
90067
Dr. and Mrs. Charles W. Oliphant
4400 One Williams Center
Tulsa, Oklahoma 74103
Mr. Henry W, Pedersen
212 Lake Avenue - 730x..134- ~JI:,/Z
Aspen. Colorado 81611
('Ft.'. _ t_ l......ud del1.e..l l~ -'__1-..1,
.:)
A. J. Dietsch
50 S, Steele Street
Suite 500
Denver, COlorado 80209
Mr. John B, and Jacqueline T. Wogan, Jr.
600 S. Cheery Street
Denver, COlorado 80222
Aspen Center For Enviromental Studies
Box 8777
Aspen, Colorado 81612
We have enclosed pre-typed envelopes for your convenience
when mailing the noties fif public hearing.
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NOTICE OF PUBLIC.HEARING
Case No .--!ll.-6
BEFORE THE CITY, OF ASPEN BOARD OF ADJUSTHENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOH:
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 varian~e f~om the provisions of the Zoning Ordinance, Chapter
24, Official Code of Aspen. All persons affected by the proposed variance
are invited to appe2r and state their views, protests or objections. If
you cannot appear personally at 'such meeting, then you are urged to state.
yoU'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 Heeting:
7,.0
August #; 1981
4:00 P.M.
Date:
Time:
Name and address of Applicant for Variance:
Name: A.
Address:
J. Dietsch
50 S. Steele Street Suite 500
Denver, Colorado
or description of property:
Location
Location: 214 Lake Avenue, Aspen, Colorado Lot l7, Block l03 Hallams Addition
Description: "
Request to pivot" the S. W. tip of the house three feet into the west
Variance Requ~~~~Jfrd set back. ( Board members, see the attached letter for justification.)
Application is made for the building permit to build a two family
dwelling. The proposed two family dwelling will have a side yard of (2) two feet.
The minimum required sideyard is (5) five feet. Sec 24-3 Area and bulk requirements R-6
Zoning District.
Duration of Variance: (Please cross out one)
Temporary Permanent
THE CITY OF ASPEN BOARD OF ADJUSTHENT
BY ReIna Lpvip"ninor r.'h:lirm~n
Virginia M. Beall, Deputy City Clerk
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CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925-2020
MEMORANDUM
DATE: July 14, 1981
TO: Applicants appealing to the Board of Zoning Adjustment
FR0l1: Virginia Beall 1
RE: Posting requirements of Ordinance 12, Series of 1979
With the adoption of Ordinance 12 every applicant for a variance is required to
post their property ten days prior to the hearing of the Board of Adjustment.
The form and content required is such posting is clearly delineated in the
ordinance.
Applicants should be made aware of the fact that the posting requirement is
I' . 'b' ] . .:l ~ ..... . ~ ff" t' . . e'o .......c... "'oar.JI of
t~.:jelr_ responsl 1. .1.ty an!.;._. tney musl... prOVlc.:.a 3D. lCle:l_ ev::.:::enc ~ '- ,-t..oc JJ _u.
Adjustment that they have in fact complied with the terms of the ordinance.
I recommend that the applicant be prepared to place the following into evidence
at the hearing:
a. The actual sign posted upon the property,
b. A photograph of the property show~ng the sign posted thereon in a
conspicuous place.
c. An affidavit of any person over the age of 18 stating that the person
did not post the sign and that he checked at various intervals to prove
that posting continued through the entire ten day period.
What is considered a conspicuous place for the purposes of the ordinance is
determined by the Board of Adjustment. However, since every lot within the City
abuts on a public street or highway I recommend that posting be done in such a
manner as to allow the sign to be readable from such a street or highway,
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NOTICE OF PUBLIC HEARING
Case No. 8l-6
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT
TO ALL PROPERTY'QWNERS 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
cansider 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 objectians, 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:
OCTOBER l, 1981
4:00 PM
Name and address of Applicant for Variance:
Name: A. J. DIETSCH
Address:
214 Lake Avenue , Aspen, Co.
81611
50 S. Steele Street Suite 500
Denver, Co.
Location or description of property:
Location: Lot 17, Block 103 Hallams Addition
Descrip tion:
Request to "pivot" the S.H. tip of
. set back
Var~ance Requeste : Application is made for
dwelling. The proposed two fmaily dwelling will
The minimum required sideyard is (5) five feet.
Zoning District.
(214 Lake Avenue, Aspen )
the house three feet into the west side yard
the building permit to build a two family
have a side yard of (2) two feet.
Sec. 24-3 Area and bulk requirements R-6
Duration of Variance: (Please cross out one)
Temporary Permanent
THE CITY OF ASPEN BOARD OF ADJUSTMENT
BY Remo Lavignino, Chairman
Virginia, M. Beall, Deputy City Clerk
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NOTICE OF PUBLIC.HEARING
Case No. 81-6
BEFORE THE CITY, OF ASPEN BOARD OF ADJUSTHENT
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 f~om the provisions of the Zoning Ordinance, Chapter
24, Official Code of Aspen. All persons affected by the proposed variance
are invited to appe2r and state their views, protests or objections. If
you cannot appear personally at 'such meeting, then you are urged to state.
yorrviews 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 Heeting:
. Date: August 6, 1981
Time: 4:00 P.M.
Name and address of Applicant for Variance:
Name: A. J. Dietsch
Address: 50 S. Steele Street Suite 500
Denver, Colorado
Location or description of property:
Location: 214 Lake Avenue, Aspen, Colorado Lot l7, Block l03 Hallams Addition
Description:" '
Request to pivot" the S. W. tip of- the house three feet into the west
Variance Requ~~t~J?rd set back. ( Board members, see the attached letter for justification.)
Application is made for
dwelling. The proposed two family dwelling will
T~e minimum required sideyard is (5) five feet.
Zoning District.
the building permit to build a two family
have a side yard of (2) two feet.
Sec 24-3 Area and bulk requirements R-6
Duration of Variance: (Please cross out one)
-Temporary Permanent
THE CITY OF ASPEN BOARD OF ADJUSTHENT
BY Remo T.r.lvi p"ninn r.h:drm::m
Virginia M. Beall, Deputy City Clerk
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NOTICE OF PUBLIC HEARING
Case No. 81-6
BEFORE THE CITY, OF ASPEN BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY TIlli 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 appe2r 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:
Date and Time of Meeting:
Date: August 6, 19S1
Time: 4:00 P.M.
Name and address of Applicant for Variance:
Name: . A. J. Dietsch
Addres s: 50 S. Steele Street Suite 500
Denver, Colorado
Location or description of property:
Location: 214 Lake Avenue, Aspen, Colorado
Description: ", " .
Request to p~vot the S. W. t~p of the house three feet into the west
Variance Requ~~t~d?rd set back. ( Board members, see the attached letter for justification.)
Application is made for
dwelling. The proposed two family dwelling will
The minimum required sideyard is (5) five feet.
Zoning District.
Lot l7, Block 103
Hallams Addition
the building permit to build a two family
have a side yard of (2) two feet.
Sec 24-3 Area and bulk requirements R-6
Duration of Variance: (Please cross out one)
~mporary Permanent
THE CITY OF ASPEN BOARD OF ADJUSTMENT
BY Remo T'f1vip"nin() r.h.::drm:m
Virginia M. Beall, Deputy City Clerk
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CITY OF ASPEN
130 s~uth galena street
asp en" C 0 lor ado,; 81611
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MEMORANDUM
Date: November 19, 1981
To: C. Welton Anderson, Architect
Planning / Architecture / Interior Design
Box 9946
Aspen, Colorado 8l6l2
From: Virginia M. Beall ~
Re: Documentation on Case #8l-6 A.J.Dietsch
The Board of Zoning Adjustment met on October 22, 1981. Case #81-6 A.J.Dietsch
was on the agenda under "Old Business". The Board of Zoning Adjustment did not
receive the documentatio~ on an easement in order to grant the vari~nce.
Welton, you had agreed to have the information before the Board no later than
October22, 1981 at the previous meeting of October l, 1981. Needless to say the
Board members were not pleased when they heard that you were out of town and the
documentation was not before them.
Fortunately, Gideon Kaufman was present at the meeting of October 22, 1981 and
spoke on behalf of the applicant. He requested the item be tabled until the next
regular meeting. I am enclosing the minutes of this meeting for your review.,
Please notify the applicant that he must comply with the requirements in order
to receive. the variance.
As Deputy City Clerk and secretary to the Board of Adjustment, the scheduling
and rescheduling of this case is becoming a "hardship" to me and unnecessary
work. I do hope that this variance will be granted and this case will be resolved
on Thursday, December 10, 1981 at 4:00p.m.
cc Gideon Kaufman
cc Building Inspector
cc Board of Zoning Adjustment
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CITY OF ASPEN
130 s<,>uth galena street
aspen, colorado,) '81611
..
,
MEMORANDUM
Date:
November 19, 1981
To:
C. Welton Anderson, Architect
Planning / Architecture / Interior Design
Box 9946
Aspen, Colorado 8l6l2
Virginia M. Beall IJIf1
From:
Re:
Documentation on Case #81-6 A.J.Dietsch
The Board of Zoning Adjustment met on October 22, 1981, Case #81-6 A.J.Dietsch
was on the agenda under "Old Business". The Board of Zoning Adjustment did not
receive the documentation on an easement in order to grant the variance.
Welton, you had agreed to have the information before the Board no later than
October22, 1981 at the previous meeting of October 1, 1981. Needless to say the
Board members were not pleased when they heard that you were out of town and the
documentation was not before them.
Fortunately, Gideon Kaufman was present at the meeting of October 22, 1981 and
spoke on behalf of the applicant. He requested the item be tabled until the next
regular meeting. I am enclosing the minutes of this meeting for your review.
Please notify the applicant that he must comply with the requirements in order
to receive the variance.
As Deputy City Clerk and secretary to the Board of Adjustment, the scheduling
and rescheduling of this case is becoming a "hardship" to me and unnecessary
work. I do hope that this variance will be granted and this case will be resolved
on Thursday, December lO, 1981 at 4:00p.m.
cc Gideon Kaufman
cc Building Inspector
cc Board of Zoning Adjustment
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CITY OF ASPEN
130 s()uth galena street
aspen, colorado, 81611
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MEMORANDUM
Date: November 19, 1981
To: C. Welton Anderson, Architect
Planning / Architecture / Interior Design
Box 9946
Aspen, Colorado 81612
From: Virginia M. Beall ~
Re: Documentation on Case #8l-6 A.J.Dietsch
The Board of Zoning Adjustment met on October 22, 1981. Case #8l-6 A.J.Dietsch
was on the agenda under "Old Business". The Board of Zoning Adjustment did not
receive the documentation on an easement in order to grant the variance.
Welton, you had agreed to have the information before the Board no later than
October22, 1981 at the previous meeting of October l, 1981. Needless to say the
Board members were not pleased when they heard that you were out of town and the
documentation was not before them.
Fortunately, Gideon Kaufman was present at the meeting of October 22, 1981 and
spoke on behalf of the applicant. He requested the item be tabled until the next
regular meeting. I am enclosing the minutes of this meeting for your review.
Please notify the applicant that he must comply with the requirements in order
to receive the variance.
As Deputy City Clerk and secretary to the Board of Adjustment, the scheduling
and rescheduling of this case is becoming a "hardship" to me and unnecessary
work. I do hope that this variance will be granted and this case will be resolved
on Thursday, December 10, 1981 at 4:00p.m.
cc Gideon Kaufman
cc Building Inspector
cc Board of Zoning Adjustment
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9 Octobex.: 19B1
MEMORANDUM:
TO: Board of ~ppeals and Examiners, Aspen, Pitkin County, Co.
FROM: Gary A, Wright for Michael Oliver '
RE: 1451 Sierra Vista Drive
Building Code/Zoning Interpretation
Aspen Code ~24-3,7(g)(1)
,.
This memorandum will briefly and concisely address the issue
that the integration by design of an active solar collector
system results in that collector being treated as mechanical
<equipment pursuant-to Aspen Code ~24-3,7(g)(l), The solar
collector is _permitted to take advantage 'of the code allowance
for an additional five feet of height above the maximum roof
level.
--"'Attached for the Board's benefit are two exhibits which
attempt to show:
(a) the maximum grade level permitted for the structure:
(b) the maximum grade level permitted for "solar
collectors": and,
(c) to demonstrate how the integrated active solar
collectors are within the required maximum height for collectors
and mechanical ~quipment.
The issue here, on a technical level', _ is quite simple,' Does
a owner who integrates an active solar collector system,
including mechanical devices, qualify to use the additional
heig~llowed for mechanical equipment, or should, in effect,
this same owner be penalized for designing and constructing an
integrated active solar device, Does integration by design work
to the owner's detriment?
It is respectfully urged that this City and County has
adopted the pitkin County Land Use Code, including S20,lB, and
has a policy of encouraging the use of renewable energy sources,
Many pro~isions and modifications have been made to our codes to
encourage this end, It is consistent with this position that we
should permit one who designs an integrated mechanical solar
collector system into a residence to use the additional height
allowance of ~24-3,7(g)(1),
We would respectfully urge this Board to interpret Aspen
Code ~24-3.7(g)(1) to include active-solar collective systems and
their support mechanics based on their function. One should not
be prohibited the benefit of,this code section simply because
these elements, although identical in function, are visually
integrated into the structure, It is urged that our requested
application of S24-3,7(g)(1) is consistent with the intent of the
code and as a consequence the Oliver residence should be allowed
to continue to completion consistent with the existing approved
plans.
---~k~
Ga y A, wri{gllt
201 N. Mil~treet, Suite
Aspen, Colorado- B l611
303-925- 5627 ''--..---'-
-::.
106
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9 Octobet: 1981
MEMORANDUM:
TO: Board of Appeals and Examiners, Aspen, Pitkin County, Co.
FROM: Gary A, Wright for Michael Oliver '
RE: 1451 Sierra vista Drive
Building Code/Zoning Interpretation
Aspen Code 524-3,7(g)(1)
,.
This memorandum will briefly and concisely address the issue
that the integration by design'of an active solar collector
system results in that collector being treated as mechanical
-equipment pursuant'to Aspen Code 524-3,7(g)(1), The solar
collector is permitted to take advantage 'of the code allowance
for an additional five feet of height above the maximum roof
level.
---- 'Attached for the Board I s benefit are two exhibits which
attempt to show:
(al the maximum grade level permitted for the structure;
(b) the maximum grade level permitted for "solar
collectors"; and,
(cl to demonstrate how the integrated active solar
collectors are within the required maximum height for collectors
and mechanical equipment,
The issue here, on a technical level~ ,is quite simple, Does
a owner who integrates an active solar collector system,
including mechanical devices, qualify to use the additional
hei~~llowed for mechanical equipment, or should, in effect,
this same owner be penalized for designing and constructing an
integrated active solar device, Does integration by design work
to the owner's detriment?
.It is respectfully urged that this City and County has
adopted the Pitkin County Land Use Code, including 520.18, and
has a policy of encouraging the use of renewable energy sources,
Many pro~isions and modifications have been made to our codes to
encourage this end, It is consistent with this position that we
should permit one who designs an integrated mechanical solar
collector system into a residence to use the additional height
allowance of 524-3,7(g)(1),
We would respectfully urge this Board to interpret Aspen
Code 524-3.7(g)(1) to include active-solar collective systems and
their support mechanics based on their function. One should not
be prohibited the benefit of. this code section simply because
these elements, although identIcal in function, are visually
integrated into the structure, It is urged that our requested
application of S24-3.7(g)(1) is consistent with the intent of the
code and as a consequence the Oliver residence should be allowed
to continue to completion consistent with the existing approved
plans. .
---~Lj
Ga y A" wri/gl1t
201 N. Mil~tree~, Suite
Aspen, Co1orado- 81611
303-925-5627 ,-,-----.
-::.
106
GAW/pk/C
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