HomeMy WebLinkAboutlanduse case.boa.AspenCo.Subd.012-79
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APPEAL TO BOARD OF ZON I NG ADJUST/HIT -:tt=. 374-1
CITY OF ASPEN
DA TE 10 August 1979
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CASE NO. '??- /2-
APPELLANT Copland Hagman Yaw Ltd.
ADDRESS Post Office Box 2736
Aspen, Colorado 81611
PHONE 925-2867
OWNER
Mr. J. Richard Sturpis
ADDRESS Post Office Box 4896
Aspen, Colorado 81611
LOCATION OF PROPERTY Lots 1, 2, 3, 4, Blk 4
Aspen Company Subdivision
(Street & Number of Subdivision Blk. & tot No.)
Building Permit Application and prints or any other pertinent
data must accompany this application, and will be made part of
CASE NO.
79~/2--
THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN
ALL THE FACTS IN QUESTION.
DESCRI PTI ON OF PROPOSED EXCEPTI ON SHOHI NG JUSTI FI CATIn/IS:
See Attached
Will you be represented by counsel
? Yes No}),
SIGNED:' 7:;~k~.-<."
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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:
Application is made for a building permit to build a second story
addition on an existing one story dwelling.
The proposed second story addition will have an eleven (11) foot
front yard.
The required front yard is 25 feet.
Sec. 24-3.4 area and bulk requirements R-15 Zoning District.
PERMIT REJECTED, DATE
Y,/ID/19
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Signed
DECISION Y;1~~ ' DATE
DATE IF HEARING '& 30!7~
SECRETARY ~/~' s,-"",~-..--,
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CHIEF BUILDING INSPECTOR
Status
APPLICATION FILED
MAILED '8'( l{hCJ
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Copland Hagman Yaw LId Architects
Appellant: Copland Hagman Yaw Ltd.
Case No.
Description of proposed Exception Showing Justifications
The Owner wishes to construct a partial second story
addition onto an existing residence which was originally
built in 1958.
Subsequent to the completion of the existing structure
the site and environs were zoned R-15 causing non-
conformity of the building with regard to the front
yard setback requirement. As shown on the enclosed
site plan, portions of the existing structure extend
into both the present 25 ft. front yard setbar.k and
the Right of Way of adjacent Roaring Fork Road. The
28' height limit designated for the R-15 zone permits
the proposed second level addition within the setback.
Variance is sought to permit a second level addition to
be constructed onto the small triangular portion of the
existing building that projects at its maximum point
approximately 5' into the front yard setback. Because
the design proposes to utilize both the existing
architecture and foundation system for structural
support both an economic and design hardships would
result.
The design for the addition in fact, proposes to reduce
the nonconformity of the existing building by deleting
that portion of the structure (approximately 20 ft.)
that projects into the City owned Right of Way. In
order to accomplish this and to provide required over-
hang protection for the existing entry and parking
(north exposure) it is necessary to add a reduced roof
overhang outside the present setback to functionally
replace the larger portion of the building proposed
for deletion. The resulting effect is no increase in
nonconformity while removing the structural encroach-
ments on city property and in general improving the
massing of the building as related to both the neighbor-
hood and intent of the zoning.
An architectural scale model of the proposed building
addition will be brought to the hearing to illustrate
further the justifications for this variance request.
Respectfully submitted
UrJ
, ~a~man Yaw Ltd
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Appellant: Copland Hagman Yaw Ltd.
Case No.
Description of Proposed Exception Showing Justifications
This is in regards to the Sturgis "Main House" remodel.
We are making request for a reduced front yard setback to permit construction
of the final building design which meets a very complicated set of conditions.
The previously granted variance disallows any variation from the preliminary
plan on which we made our request. As always occurs in the lengthy design
process, we did vary. The following points further explain what we feel is a
very valid request for variance.
A) First, the existing encroachments of the original building make it
nigh to impossible to remodel it without creating any other
encroachment s .
B) Secondly, the final design solution addresses a very wide range of
requirements, such as an extremely complex roof geometry, structural
constraints prohibiting cantilevering enough of the roof to remove the
encroaching columns which are located by the layout of the angle
parking spaces, as well as the functional necessity to protect not
only the parked cars, but also the passengers on their way on foot
to the front door.
C) Thirdly, the need for adequate natural light and ventilation in the
"pad" area upstairs requires that it overhang the 25 ft. setback line
by about 4 to 5 feet.
D) Fourthly, the building inspector has pointed out that a strict
interpretation of the original variance granted on the preliminary
plan invalidates the final solution. Also, he is interpreting the
column line as being the building line although it supports the roof
line and is several feet in front of the second story addition.
E) Fifthly, the aesthetic impact of a drastic reduction in the final roof
design to meet the strict compliance requirement will result in an
unattractive, awkward roof. The comfortable country feel that we are
trying to achieve will be destroyed along with the functioning of the
protected parking and walkway.
Respectifully subm'
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COPLAND HAGMAN YAW LTD.
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EKllIlIlT II
/I tract of Innd sltu,~ted in the SE!,; of the NElL of Section 17, To,,:n,:hip 10 South.
R""i:" 85 \':est of the Sixth Principal Meridian, City of /lsp"n, County of Pitkin,
Stat" of Co1orndo, con"istinf: of Lots 1,2,3 and " in Block i, of the ".:;pen Co'opan)'
Subdivision and also of a tract (If laud ~ituated casterly of !iHid subdi.vision.
all nlore particula-r1y described a5 fo11oHS:
Beginning at a point <<hence a U.S. bras" cap. dated 1954 and loaeked as the East
I,; corner of said Section 12 bears S 41"07'43" E 1150.46 feet:
thence 142.90 feet along ~~ arc of a curve to the right having a radius of
1417.46 feet and whose chord bears N 68"09'17" E 142.84 fed;
thence S 18"57'26" E 87.54 feet; .
th",nce 6.89 feet along the arc of a curve to the left having a radius of 322.19
feet and whose chord bears N 85"',8'02" E 6.89 feet;
thence S 20"57'00" E 70.47 feet;
then~e S 80"28'00" W 7.76 feet;
thence S 50.04 '00" \~ 86.70 feet;
thence S 03045'00" E 101.63 feet;
thence S 07"i,S'OO" E 69.62 feet;
thence N 89"52'00" ~I 94.26 feet;
thence S'89"lS'15" \~ 16.37 feet;
thence North 175.51 feet;
thence 61.90 feet along the arc of a curve to the rif\ht havi.ng " radius of 116.50
feet and whose chord bears N 15"13'13" E 61,17 feet;
thence N 24"44'00" \~ 96.61 feet to the point of beginni.ng,
County of Pitkin, State of Colorado.
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EKIlIl\lT A
i\ tract or l,md situ:\tcd in the SEl,; of the NI::l, of Section 17., TO',':Il,;hip 10 South,
R,~:l::;L~ 85 h\~~;t of the Sixth Principal Meridian, City of Aspen, County of Pitkin,
Sled" of Colorado, c.on,.isting (l[ Lots 1,2,3 and I. in Block I, (If the Aspen Co!"pany
Sqbd:Lvlsion and also of a tract of land situated easterly of said subdivision,
,\1,1, !lic1H' particula'rly described as follO\ols:
Beginning at a point \<hence a U,S. brass cap dated 1954 and marked as the East
l,; corner of said Section 12 bears S 1,1.07'43" E 1150,/,6 feet:
thcncu 142.90 feet along the arc of a curve to the r1ght havin[: a radius of
1417.46 feet and \<hose chord bears N 68.09'17" E 142.8/, feet;
themcli' S 18057'26" E 87.54 feet; .
thencli' 6.89 feet along the arc of a curve to the left having a radius or 322.19
fc:et llnd \<hose chord bears N 85./,8'02" E 6.89 feet;
thence S 20057'00" E 70.47 feet;
thence S 80028'00" W 7.76 feet;
thence S 50004' 00" \~ 86.70 feet;
thence S 0304.5'00" E 101.63 feet;
thence S 0701.5'00" E 69.62 feet;
thence N 89052'00" W 94.26 feet;
thence S 89.15'15" \~ 16.37 feet;
thenc,e North 175.51 feet;
thence 61.90 feet along the arc of a curve to the right having a radius of 116,50
feet and whose chord bears N 15013'13" E 61.17 feet;
thence N 24 044'00" \~ 96.61 feet to the point of beginni.ng,
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County of Pitkin, State (If Colorado.
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NOTICE OF PUBLIC HEARING
Case No. 79-12
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 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:
August 30, 1979
4:00 PM, City Council Chambers
Name and address of Applicant for Variance:
Name:
Address:
Mr. J. Richard Sturgis
PO Box 4896, Aspen, CO 81611
Location or description of property:
Location:
Description:
Lots 1, 2, 3, 4, Block 4
Aspen Company Subdivision
Variance Requested:
Appli?at~on is made for a b~ilding permit to build a second story addition on
an eX1st1ng one story dwel11ng. The proposed second story addition will have
an eleven (11) foot front yard. The required front yard is 25 feet.
Duration of Variance: (Please cross out one)
~RmpRXaXJ Permanent
THE CITY OF ASPEN BOARD OF ADJUSTMENT
~'-)~OM./
Shery Simmen, Deputy City Clerk
Secretary to the Board of Adjustment
for Remo Lavagnino, Chairman
BY
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Adjacent Property Owners to Aspen Company Subdivision:
Anne F. Farish
Box 69
Aspen, Colorado 81611
John Merriam and Lucy Merriam
999 Green Street, Apt. 2504
San Franc~sco, Ca. 94133
Nicholas J. McGrath, Trustee
600 E. Hopkins
Rm. 204
Aspen, Colorado 81611
Leonard M. Oates, Trustee
600 E. Hopkins
Rm. 204
Aspen, Colorado 81611
William R. Jordan, III, Trustee
600 E. Hopkins
Rm. 204
Aspen, Colorado 81611
J.R. Sturgis
Box 4896
Aspen, Colorado 81611
Jean Parkes May tag
Box 11630
Aspen, Colorado 81611
Marcia T. Gray
Box 1098
Aspen, Colorado 81611
Rockhead Investments
606 E. Hyman
Aspen, Colorado 81611
Stephen J. Marcus
Box 1709
Aspen, Colorado 81611
S.J.M. Investments
Box 1709
Aspen, Colorado 81611
Char~es Barondess
52 Shrewsbury Drive
Rumson, New Jersey 07760
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Adjacent Property Owners to Aspen Company Subdivision (continued)
John Burrell
141 W. Jackson
Room 2440
Chicago, Illinois 60604
Sam K. Vierson
Box 280
Okmulgee, Oklahoma 74447
Michael C. Hernstadt
805 Bonita
Aspen, Colorado 81611
Aspen Institute for Humanistic Studies
1000 North Third
Aspen, Colorado 81611
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Copland Hagman Yaw 'told' Architects PO Box 2736 Aspen Colorado 8V 303 925 2867
September 7, 1979
Board of Zoning Adjustment
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Re: Case No. 79-12
Sturgis Remodel (Main)
Lots 1-4, Block 4
Aspen Company Subdivision
Dear Sirs:
In compliance with the memorandum from the City Attorney of
2 April 1979 concerning the Posting Requirements of Ordinance
12, Series of 1979 this letter shall constitute an affidavit that
I supervised the erection of a sign conspecuously posted at the
subject property on 17 August 1979 and did verify its position
in place up to and including the date of this letter.
The sign was completed on a preprinted format received from
Sheryl Simmen of the Aspen City Clerks Office on 25 May 1979.
Enclosed please find a photograph showing the actual sign posted
upon the property.
~::u~bmitted
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Lance D. Allee
Copland Hagman Yaw Ltd.
LDA :lm
The foregoing instrument was witnessed before me this 7th
day of September, 1979.
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Not y Public
My commission expires: April 2, 1982