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HomeMy WebLinkAboutlanduse case.boa.655 Sneaky Ln.004-77 APPEAL TO BOARD OF ZONING ADJUSH1Enf CITY OF ASPEN DATE 3/2/77 CASE NO. 77-tf APPELLANT Gay E stin ADDRESS Box 1842, Aspen, Co. 81611 OWNER Same PHONE ADDRESS 925-6262 LOCATION OF PROPERTY Block , Lot #5, Tanss Subdivision. 655 Sneakv Lane. Aspen Colorado 81611 (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 C,'SE NO. 77-,/ THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS: Owner requests that the existing roof line of the one story house be allowed to extend over the existing garage. (Now remodeled into a bedroom area) See dr~":.~2;s, A2 ~s'b~/# This roof form provides the unity necessary to make the house look like one complete design. No greater heights are exceeded than already exist. The design is an improv- ment for the house and a better appearance for the neighborhood. ****10.00 Wlll you be represented by counsel ? Yes No .... ~ ~;f . 51';; C/91l u:,IAM Appellan PROVISIONS OF THE ZONING ORDINANCE TO FORWARD THIS APPLICATION TO THE FOR NOT GRANTING: REQUIRING THE BUILDING INSPECTOR BOARD OF ADJUSTMENT AND' REASON APPLICATION IS MADE FOR A VARIANCE TO CHANGE THE ROOF LINE OF A NON CONFORMING STRUCTURE FROM A FLAT ROOF TO A GABLE ROOF, The existing nonconforming structure has a 5 foot side yard. The required side yard is 10 feet. No nonconforming structure may be enlarged or altered in a way which increases its :nonconformity. Sec. 24-12.3(a) Nonconforming Structures. Chief Building Inspector (')\ eYrl~g I Status PERMIT REJECTED, DATE APPLICATION FILED--2..: 3-77 MAILED3.~1-17 igned DECISION r /lJMt;:yj DATE DATE IF HEARING 3-dvLf~77 SECRETARY ~~ NOTICE OF PUBLIC [lliARING Case No. 77-4 BEFORE THE CITY OF ASPEN BOAPJ) OF ADJUSTMEl\'T TO ALL PROPERTY miNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council Room, City Hall, Aspen, Colo- rado, (or at such othc 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 v~riance 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. 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 Meeting: Date: Time: March 24, 1977 4:00 PM, MST Name and address of Applicant for Variance: Name: Gay Estin Address:Box 1842, Aspen, CO 81611 Location or ~~~cription of ~~erty: Location: Descl:iption: 655 Sneaky Lane, Aspen, CO Lot 5, Janss Subdivision, Aspen, CO VaEiance Requested: Owner requests that the existing roof lice of the one story house be allowed to extend over the existing garage. Application is made for a variance to change the roof line of a non conforming structure from a flat roof to a gable roof. The exist- ing nonconforming structure has a 5 foot side yard. The required side DurationY8f~t~i~Rc~ret(~1~~sgo~r8~~oE~tngn~)ructur~ may be en~arg~d or al- , tered 1.n a way wh1.ch 1.ncreases its nonconformity. Section 24-13. Nonconformin~ structures. -'.ceJJlpoJ:.l1:~- PerrnClnent / OF ASPj':N BOARD OF. AD JUSTl'1EHl' "~. ... -r~P~ h2J~ ,,,,,:J,-tj-; > . THE CITY BY -. - -, - THOMAS WELLS & ASSOCIATES ARCHITECTS PO:" r C)f-r-ICE'- BOX :31mJ ^SP,N, COLor;;/"oo 816;' TCU:::PHONr :1O:'. 925-7B17 March 2, 1977' TO: Mr. Clayton Meyring Building Inspector 130 S. Galena Aspen, Co. 81611 RE: Gay Estin House Remodel, Lot #5, Janss Subdivision P.O, Box 1842 Aspen, Co. 81611 LIST OF ADJACENT PROPERTY OWNERS TO GAY ESTIN Castle Creek Subdivision Lot #4: Gale & Eleanor R. Spence P,O. Box 731 Aspen, Co. 81611 Lot #5: Ronald D. & Anne J. Austin P.O. Box 1163 Aspen, Co. 81611 Sneaky Lane Subdivision Lot #1: Gregg B. Cole P.O. Box 11029 Aspen, Co. 81611 Tanss Subdivision Lot #3: William R. III & Cheryla Jordan P.O. Box 3707 Aspen, Co. 81611 Lot #4: Carol Hall P.O. Box 964 Aspen, Co. 81611 THOMAS WELLS & ASSOCIATES ARCHITECTS ClOST ,~'I I 'Cf H()X 3"]C19 f,'::> 'cl'\, C;) ;)"{ADO A'fil' n-,I,::'I-'O[\:" _) d:--':-:: 72' i March 2, 1977' TO: Mr. Clayton Meyring Building Inspector 130 S. Galena Aspen, Co. 81611 RE: Gay Estin House Remodel, Lot #5, ]anSB Subdivision p.O. Box 1842 Aspen, Co. 81611 LIST OF ADJACENT PROPERTY OWNERS TO GAY ESTIN Castle Creek Subdivision Lot #4: Gale & Eleanor R. Spence P,O. Box 731 Aspen, Co. 81611 Lot #5: Ronald D. & Anne J. Austin P.O. Box 1163 Aspen, Co. 81611 Sneaky Lane Subdivision Lot in: Gregg B. Cole P.O. Box 11029 Agpen, Co. 81611 Janss Subdivision Lot #3: William R. m & Cheryla ]om8l'l P.O. Box 3707 Aspen, Co. 81611 Lot #4: Carol Hall P.O. Box 964 Aspen, Co. 81611 "'-' ~# LAW O".FICES OATES. AUSTIN. MCGRATH 8< .JORDAN 600 EAST HOPKINS STREET LEONARD M. OATEO.S RONALD D. AUSTIN ASPEN, COLORADO 81611 oJ. NICHOLAS McGRATH, .JR. WILLIAM 1=1. .JORDAN m AREA CODE 303 TELEPHONE 925-2600 ROBERT W. HUGHES BARRY D. EDWARDS March 22, 1977 Mr. Charles Paterson, Chairman The City of Aspen Board of Adjustments ci ty Hall 130 S. Galena Street Aspen, Colorado 81611 Re: Gay Estin, Case No. 77-4 Dear Mr. Paterson: This letter is in response to the NOTICE OF PUBLIC HEARING FOR REQUESTED VARIANCE which has been received by those homeowners who own property adjacent to the Estin residence. I am submitting this response both as a concerned adjacent property owner and at the request of other concerned neighbors. I do not have an objection to the requested variance per ~, i.e., to change the roof line of a nonconforming structure from a flat roof to a gable roof. However, I am concerned that by virtue of structural changes that are being made to this residence, the very character of the neighborhood, i.e., single family dwellings, is in jeopardy. Sneaky Lane is a private dirt road that is approximately one-half mile in length. Because there are only nine residences on this road, [(1) Mr. and Mrs. George Parry, (2) Mr. and Mrs. Bob Stardoj, (3) Mr. and Mrs. Tom Stardoj, (4) Mr. and Mrs. Dave Baxter, (5) Greg and Chuck Cole, (6) Mrs. Gay Estin, (7) Mr. and Mrs. Bill Jordan, (8) Ms. Carol Hall and (9) Mr. and Mrs. Jim Snobble], Sneaky Lane is a very private and almost rural area. When Mrs. Estin and her two children purchased this residence recently, it contained four bedrooms. In addition to converting the garage to a fifth bedroom, which fifth bedroom has an outside exit, Mrs. Estin has added new outside exits to two of the original four bedrooms, and of the other ..,........ . ~,'- OATES, AUSTIN & MCGRATH Mr. Charles Paterson, Chairman March 22, 1977 Page Two two existing bedrooms one of them already had a separate outside exit. Thus, in addition to the normal front and rear exits, there are now four more outside exits. Besides housing a bedroom, the converted garage now has 220 AC service and plumbing. Since Mrs. Estin purchased the residence, the increase in vehicular traffic has been enormous. This increase is not attributed either to the construction workers or to a normal coming and going of friends and family. On occasion, I have seen as many as eight cars parked at the residence overnight. Although Mrs. Estin has indicated to me that she has no intention of using that residence other than as a home for herself, her two children and a live-in babysitter, the concern of the homeowners on Sneaky Lane is that, by virtue of the nature of the improvements that are being made, someone may buy that residence in the future with the idea in mind of renting rooms out. Although I do feel that not one of the three reasons set forth in the Municipal Code of the City of Aspen S2-22(d) for granting a variance exists, I do not object to the changing of the roof line, as long as the City takes precautions in order to insure certain benefits to its citizens, which benefits are set forth as the very intent and purpose of the zoning code. See, the Municipal Code of the City of Aspen S24-1.2. The benefit desired by the Sneaky Lane homeowners is the preservation o~ the character of their neighborhood as a single family residential area. Thus, I propose that the City elicit from Mrs. Estin an agreement, which shall be binding upon her and her successors, to be recorded in the real property records of Pitkin County, which agreement imposes upon her property a covenant (1) that it is not to be used for anything other than a single family dwelling, (2) that no rooms be rented for any form of consideration, and (3) that any improvements allowed prohibit another and separate kitchen to ensure the single family covenant. Such an agreement would enable her to make the improvements she deems desirable ~"' . ~ OATES, AUSTIN So MCGRATH Mr. Charles Paterson, Chairman March 22, 1977 Page Three for herself, her two daughters and a live-in babysitter, but at the same time would give her neighbors the protection they need and deserve. Such an agreement has precedence in Aspen. I refer you to the Public Notice, a copy of which is attached hereto, which was recorded by the City with regard to the McLaughlin residence at 810 W. Smuggler. I feel that the Board of Adjustments has the authority to grant the requested variance subject to the recordation of the proposed agreement. Attached hereto are the signatures of those Sneaky Lane homeowners and/or adjacent property owners who have reviewed this letter and agree with its contents. Thank you very much for your consideration. Sincerely, OATES, AUSTIN, McGRATH & JORDAN By If'~~~ Wl.lliam R. dan, WRJ:dc Enclosures cc: City Attorney City Building Inspector The undersigned are Sneaky Lane homeowners and/or own property adjacent to Gay Estin's property, have read the letter dated March 22, 1977 from William R. Jordan, III to City of Aspen Board of Adjustments and agree with its contents. ~ o6l. . <r <Sill..- , BOD:{ 309 ~Gt 522 Recorded at 3:00 P.M. March 12, 1976 Reception No. Julie Hane, Recorder 1",nA.\-,q . {~,';';~\;'.J':"Y PUBLIC NOTICE PLEASE TAKE NOTE that pursuant to an order of Fitzhugh Scott, III, Municipal Judge, issued March 4, 1976, public notice is hereby given that the structure presently situate at 810 West Smuggler Road, Lots P and Q of Block 8 of the City and Townsite of Aspen, is to be used only as a duplex structure, and there may not be established within the basement of the structure (or otherwise) a third dwelling unit as that phrase is defined by the applicable regulations of the City of Aspen, Colorado. This limitation shall be in full force until such time as the zoning or other ordinances of the City permit the establishment of other than single family or duplex residences on the site. ?his notice is given this~ day of March, 1976. 4n.../~__-/7J ~~r:::{;.t-:-.) 'SANDRA M. STOLLER City Attorney 130 South Galena Aspen, Colorado 81611 Telephone: (303) 925-2020 Ext. 53 STATE OF COLORADO ) ) ss. : COUNTY OF PITKIN ) Ackno,,;ledged before me this ):5?:tA day of /J1.~~/' ~v MC-1'7 ) , 1976, by SAivDRA M. STULLER, knovm to me to be the City Attorney of Aspen, Colorado. Witness my hand and official seal. Hy Commiss'{on - () explre s : ..tec (,7 .... .... tf ~ZV:;~/~:~bli~~rl-/~ ~7 0 JC? 71. -' -:":".';';- , ......:'.';..... I~ . .... {SEAL} I . . ,. ,; t~ ~,::~ T ,,' ;/~.:: , '': . :.. .~.) U., L\ G , ... r-.. l.) J ~ ~~~<:~.'~~~:..........-\(, .,' . ";,,' I] C ..... '~\ .\..,.- . , P If' I I ~" I . , \ . '