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HomeMy WebLinkAboutlanduse case.boa.Sneaky Ln.003-81 ... NOTICE OF PUBLIC HEARING Case No. 81-3 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.. I!leeting 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 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: D~te: June 18, 1981 (Thursday) Tl.me: 4:00 P.M. Name and address of Applicant for Variance: Name: Frederick Alderfer Address: Box 10880 Aspen, Co. Location or description of property: Location: D .. N. Texas Millsite - Sneaky Lane escrl.ptl.on: N. E 1/4, 51'-1/4, SIR, TI6S, R85W Variance Requested: Application is made for a bu~lding permit to build a one family dwelling. ,I The proposed one family dwelling will have a 15 foet front yard. The required . front yard is -25 feet. Sec. 24-3.4 Area & Bulk requirements/minimum front yard R-15A zoning distri~t. Duration of Variance: ~Please cross out .one) Temp?r ary Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT by Virginia M. Beall, Deputy City Clerk ! i 1 . BY Remo Lavignino, Chairman r )j qP~i~i APP~~TO BOARD OF ZON I NG ADJUSlnHIT CITY OF ^SPEN D,1..TE fi,d8!.~. APPELLANT ~,; . ':"'t1ER ~~ PHONE ADDRESS .' PROPERTY,;d'. r€XnlY ~d..Jire> ,__ 1~~'e~~tlho~~}.,Zi "f:~'f( Rr?tf/r ,,~~yGcJ \..........._... _R ..........._. _. ........_......_...... _....~ - ___w '0_"6 L(iCATION OF 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 APP[ICATION'IF IT DOES NOT CONTAIN ALl THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHO\'lING JUSTIFICATIOf!S: . 1he., (.;4- ""..-.z re-J"esT'~7 Yi:!d"c/';1 The 25'1 sd'b:t.cA; r&f"Jr/!'J --(rt>rn fl.-n,7 bt>vlYd4r7 -- -to IS' 10 ttl/cw ir~qter d'57'~N'<'~ b~T~~elll -rt.~ prt>l'o>~ ho"se alVei '::::'STIe C"'~ek . aA/'" 7a a/I..", a.. 'jood So/..r 01';"'/1'..7..;" 7l.e t?-~tv",-f dI5f",,,ce bdwee~ n.<p ht>lJ5e- I- n..e. '57r"'d: tvi;lf::e;;e '$W" . be-c-a.v;e crI' "'- ",1(<4V7" tfE """b',,,''/...ble.. '2'3' :s/r;p 0-1' 14",1 f:)ef~.v f-rr>t7 bpv/Y'/ar7 e::tA/,J 1"~<<..L-TV4/ Y"JI.T 07' """'1, '. ~ ,1.~ ". 1 \ I~J ~~- r~ ~. ':~-1c ~. Sf/' 1<;: ~ a ~'. . Will you be represented by counsel ? Yes~NO SIGNED: Ap PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPE OR TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FDK NOT GRANTING: Application i~ made for a building permit to build a one family dwelling. The proposed one family dwelling will have a 15 foot front yard. The required front yard is 25 feet. Sec. 24-3.4 Area 8, Bulk F.equiTfements Min Front Yard R-15A Zoning District. Q~~~~ DECISION ' . DATE DATE IF HEARING SECRETARY Status PERMIT REJECTED, DATE APPLICATION FILED MAILEI1 . ~ ..., COAtES REID&WAlDRON Real Estate. Kental. . ""...,.,.ty Management June 18, 1981 Board of Appeals City of Aspen Gentlemen: This is to advise you that I own the property immediately adjacent to Fred Alderfer's property in Castle Creek and I have reviewed his plans with regard to variance for a front yard set back encroachment. It appears that our property to the north of Fred's would be the one most affected by this and this is to inform you we have no objection to the granting of the variance. Sincerely, ~~ -;;?"'~ Nick Coates NC:lp Aspen Offices ,.720 East Hyman, Aspen, Colorado 81611, (303) 925-1400 . 107 South Mill, Aspen, Colorado 81611, (303) 925-7691 Snowmass OffIce. Box 6226, Snowmass Center, Snowmass Village, Colorado 81615, (303) 923-4400 - /'.-..., t7itdeelee 0:J"tlteltctlc" BOX 10880 ASPEN, COLORADO 81611 (303) 925-6475 G/0AJ6K{-. ~aS€" ~,e~ fo-6,ivs- FA"'€"~...~ f dd7~/e: -Y/i7~ ~.erE.e. /.J~.PEbY ~;t'c~ : M ~4-/ Sb-Jf" .8/;;(, noSl, ~a'"5 4.J ,A..I()~~: / #(4< d:J/I~ "/ jJ",{'~' A:'Et+7a, dA~A7~, .\ /9-' 7Z0 1:. rl11~,l , V. \ "l \ ") c{ ~~ &laM,oa. 8/6/:( \,:,t,,1~, , r :' ./75 en !/;1!a5((}/lccrJ7clcf}/1In:lv~ !9S5CJc \\"Vi nrSTC2ve Wickes J pr-:.e--J,detvl -~"""i,,'" \~j ~~ ,} l'. 3. _~I~~. S. c./D f}s?ev [ V\6y;ttP I.:to -- f" .A~ DruJ !J JJ T' 432 E, Ijm:,~ ~ud.. ../~ ~~~~ ItSj?erJ . (j , ~03 <Gl/t..,BGer- / .,.; /,ti," f'4E2 ~ /1Au..A/JaJ 8/6/~ .</ 'II r~ ~ " '. tlrd' :". \ ,Of "'- / Marc,;-r \~,\ .'! I3cJ;:r '123 " ~, --r (j l-\ ~ ' A s/,/e/1/ RECORD OF PROCEEDINGS 100 Leaves '~!OI c.r.MOrCK[L8.I.lIIl.l:0. BOARD OF ADJUSTMENT MEETING 4:00 P.M. June 11, 1981 Members present: Fred Smith - Acting Chairman Charles Patterson Josephine Mann John Herz Fred Smith Thomas Crum Cathryn Crum 'w -Re-open Continuation Case 81-2 Thomas & Cathryn Crum are the applicants Location is Lot 1 - Ute Ave. -Our A-frame was built in 1963 (pre-fab plywood quickie A-frame). A couple years ago we had extensive remodeling permit brought it up to more of a living situation for a family. The last remaining eyesore of the property was the front deck. We replaced it with a Redwood decking. There are reasons for granting the variances, as found in the Code. Four reasons apply. The problem in question is this corner of the deck(seeillustration) it is 30 inches high - We inquired with the neighbors; The Gant, Fitz Benidict and existing neighbors on either side of the street as to the particular situation. -You have seen the letter from Fritz Benedict... Charlie patterson-(reads letter) I would like to go on record of saying that I approve of the non-conforming deck which they have partially constructed on thier residence of 991 Ute. Ave. I encourage you to allow them the variance in order that they may keep the deck. Sincerely Frederick Benedict. Kitty-Korner to that is 'Little Annie', the proposed Ski development. We have a letter here signed by Dave Farney, and in addition Tom Fisher is here. John Herz Tom Fisher (Little Annie Ski Corp.) John Herz Cathryn Crum -(reads letter) I represent 'Little Annies' Ski Area Development built on the lots located diagonally across the street from The Crums I would like to go on record as saying that we do not oppose the extension ... I encourage you to grant them a variane to let the front deck remain. Sincerely, David Farney. -We have examined and looked at the variance requested and find it not only acceptable but, enhances the appearance of our property . We have no objections to this. It has been tastefully done and there has been no malicious intent there and we encourage you to grant the request. -(reads letter) I am in favor of the constructed to remain... Sincerely, deck Thomas & (Neighbor ) Cathryn Crum have -Molly Cambell of the Gant gave a verbal agreement to the structure. Dean Goings, long time resident, I have no objection to the deck... Bill Drueding -As (Bldg. Enf. Off.) so 1. Tom just admitted, he did extensive remodeling a couple years ago he knows about the Building permits. He committed two violations: Expanding a non-conforming use. 2. Building without a permit. Fred Smith - Bill Drueding Fred Smith -I have some problems with whether this is a structure. In other words he could have built a patio, 6 ft. high fence etc. -30 inches needs a railing. -I -ecognize this alittle bit diffp.rent than someone that goes out and builds an extension on their house. Charles Patterson-If the party took dirt and piled up against the front of the deck to floor level and built a burm would you then consider it a structure? r ~0Il1l ~ C,~. 140rCUL B. B. II l. ~O. 4r...~ /"", ........,... RECORD OF PROCEEDINGS 100 Leaves Page 2 BOARD OF ADJUSTMENT MEETING Bill Drueding Fred Smith -It would be a burm. I am a zoning officer and I only wanted to make my point clear about the violations. -I feel that this 1S a classic case of a minimal request with absOlutely no opposition from neighbors, actually support from neighbors Charles Patterson-I am in favor of granting this motion. I have difficulty in refusing a variance of this nature. If this would have come in before I would have granted it. People may not know all the requirements of zoning. Bill Drueding Josephine Mann -I just hope you took my comments in the proper perspective. -I am in favor of this variance, this doesn't mean that I would always be in favor of granting a variance to something that is already built. I think there are lots of other circumstances that make this one the kind I would grant a variance for. It is an enhancement to the property and the whole street, the neighbors are in favor... I am in favor. Charles Patterson-And another thing, I think there are some practical diffictilties of the front Lot-line, the way it comes out for this angle. The house is built parallel to this Lot-line.' Fred Smith -I also feel there is some practical diffuiculty with the Mine tailings not being able to get anything to grow on. Charles Patterson-I think these rocks bring up the property level...so I don't consider that thirty inches. John Herz Fred Smith Charles Patterson-I Fred Smith -I Josephine Mann -I John Herz -I Bill Drueding Cathryn Crum Fred Smith Evan Boenning (Rep. Mason& Morris) . -I make a motion that we grant the variance. Practical difficulty with the Lot-line , minimal variance. -I second the motion. -Cathryn, You have a permit application at the County don't forget to pick it up. -Thank-you -We have an Informal request from Mason&Morris What we are trying to do is a display board. We are 25 ft. off the sidewalk. We have a design committee to create a sign to display our Real Estate listings. We are trying to leave our' glass clean. we have come up with plans whereby we use a map of Aspen; the Running 'trails, the Bus trails, the Bus routes, the Walking trails, and accesses onto the mountains, camping areas -- Mountain Valley, Red Mountain all you West End, Cemetary Lane a little bit of the Highlands. We have come up with this proposal, with pictures 5by? 8bylO and transparencies and we would have it color coded. We would remove present display case. We want to find out if we are allowed to do this. This proposal is called Kiosse(sp?), 'a three sided structure, lighted with transparencies it is stativ1tary. Is this considered s.i.gnage or not? Two points I'd like Tom's Market in the to point out. 1..This wall parking lot would be 25 ft. of the West over to landscaping. on 'Dll'l'll c.'.lOorCl(fLB.B.& L. co. RECORD OF PROCEEDINGS 100 Leaves l'age 3:", BOARD OF ADJUSTMENT MEETING Cant. Fred Smith Josephine Mann Evan Beings -We are probably going to ~eave our steps. Cheap Shot building will not be here next year. This wall for display. So were trying t? get your ideas of haow you feel about displays. -Are familiar with that section of the code that says no area of a building site designated as requiring open space, under this section shall be used for any commercial activity., including but not by way of limitation the storage display and merchandising of goods provided however with the prohibition of this sub-section shall not apply jn such use as with the conjunction with committed commercial activity., on a right a way'. ~y opinl~is that it seems that this is not the appropriate body - It seems to be a planning dept. function. I don't think it is in our ... You must demonstrate hardship or practical difficulty. You are asking, us to circumvent the Aspen sign code which is very limited on permited signs. Although a map of Aspen might originate there it is very difficult 'to control what later turns out to be 48 listings. -What are the measurements of the map? -We don't have those yet. Charles Patterson-I like the idea of getting people off the sidewalk and getting them up on an open area. Here you have an open space requirement and its not usable. The only thing that bothers me is if it is a Billboard, theI I would be against it. Bill Drueding Josephine Mann Evan Sunny Evan Fred Smith Paul Taddune Fred Smith .. Josephine Mann Fred Smith Josephine Mann -It must identify the business. -It sounds as though you want a glassed in bullitin board. -Yes, and I'm wondering if that falls under...or if we have to term it something else. -You would have to go through HPC on this also. Major change on exterior side wall. -This is what we are trying to do and we are not sure how to do it. -I feel that this board is not the appropriate body to grant a variance for this,. I refer you back to Sunny Vann. I feel in order to do this you will need a Planning Department recomme?dation to City Council -Looking at it astheticly I like the result but unfortunately this doesn't allow it maybe there is something wrong with the Code rather than your plan. -The Planning Department and the Legal Department can dream up language that will so restrict another applicant that yours might be acceptable. -There is no record of the vote in minutes from last meeting. -Unanimous vote -I move that approve the minutes Charles Patterson-I second the motion. John Herz -I Fred Smith -I Charles Patterson-I Josephine Mann -I -'!