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Home My WebLink Aboutlanduse case.boa.Smuggler St.005-77 APPEAL TO BOARD OF ZON I NG ADJUSH1ErlT CITY OF ASPEN 77-~ DATE M"'RCH 8. \977 . CASE NO. APPELLANT John Doremus ADDRESS Box 224, Aspen PHONE 925-6866 925-5106 OWNER . John Doremus ADDRESS Box 224, Aspen LOCATION OF PROPERTY Lots M, N, & 0, Block 8, City Between 7th and 8th on Smuggler Street. (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. 77-5" THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SH0\1ING JUSTIFICATIONS: This appeal is for a va~i ~nce. to ~he; re~r yard setback re;qui rement1>' TiPl ea~~560ff .",*1""10.00 see attachment #1 descrlblng Justlflcatlons. See also slte plan maps. . Will you be represented by counsel ? Yes No X SIGNED: ~/~ ~e 1 ant 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 BUILDING PERMIT TO BUILD A TWO-FAMILY DWELLING. The proposed two-family dwelling would have a rear yard of 5 feet. The required rear yard is 15 feet. Sec. 24-3.4 Area and bulk requirements R-6 Zoning District. PERMIT REJECTED, DATE DECISIO APPLICATION FILED ~ID,11 DATE IF MAILED ~.2<f/9Tl SECRETARY / Chief Building Inspector Status ., " NOTICE OF PUBLIC HEARING Case No. 77-5 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTME~~ 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 ma: 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, Ofticial 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. yoU" views by tetter, particularly if you have obj ection 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: April 7, 1977 4:00 PM, MST Name and address of Applicant for Variance: Name: John Doremus Address:Box 224, .Aspen, CO 81611 Loc~ti~-E_::"'" descgption o~woperty: Location: Description: Between 7th and 8th on Smuggler St. Lots M, N,& 0, Block 8 Variance peguested' . . Application is made for a building permit to build a two family dwelling. The proposed two family dwelling would have a rear yard of 5 feet. '['he required rear yard is 15 feet. Section 24-3..' Area and Bulk requirements in R-6 Zoning District Duration of Variance: (Please cross out one) ~..,.,1t)Q.;L..a'l:.;'-- Perwan0'n t THE CITY OF ASPEN BOARD OF ADJUSTHE1,rr BY ~ Iv;~ )~... 'h ~n~ . ~, ATTACHMENT #1 TO APPEAL TO BOARD OF ZONING ADJUSTMENT CITY OF ASPEN Re: John Doremus appeal for rear yard setback variance on lots M, N, & 0, Block 8, City. Justifications for Variance 1. Because the adjacent dwellings on either side of the subject lots have built substantially to the property line, rather than observing the normal 5' side yard, it has been most difficult to properly design even a modest sized duplex which would give reasonable light and air, yard and a modicum of privacy. In an attempt to not be totally overwhelmed ~y these 2 and 3 story neighbors, the proposed duplex was turned almost 45 which orients to the street and yet provides side yards where some privacy and light and air can be achieved. The result of this approach has caused small trian- gular portions of the 1 story garages to encroach into the rear yard set- back. 2. There are, located in the center portion of the subject lots, six mature cottonwood trees. It has always been the earnest desire of the proponent to preserve as many of these trees as possible and the architect has literally designed the units around this grove of trees. Half or more of the larger trees in this grove will be lost (as can be observed on the accompanying maps) by strictly observing the rear yard setback. Although the largest tree (2' diameter) clears the building, without a variance to the setback, we have been advised that in the process of digging of the basement roots may be damaged, and with a 2 story wall, all the large branches on one side would be removed. With the setback variance, this large native tree would remain virtually untouched. 3. Finally, we respectfully submit that another natural feature gives cause for consideration of this variance. As can be seen on the map ex- hibits, there is an existing ditch crossing the lot. This ditch has naturally provided water to the aforementioned cottonwood trees for many years. We have shown relocation plans both with and without the variance being granted, and as can be seen, it becomes impossible to retain the ditch within the heart of this grove without the variance as proposed. There is significantly less ditch to relocate if the variance is granted. 4. In conclusion, it should be mentioned that with the subject duplex set further back to the rear as proposed, the streetscape from Smuggler Street is much more attractive and desirable. The conforming plan does not relate to the neighbors setback and tends to block their east and west views. - ....;....... ~ ATTACHMENT #2 TO APPEAL TO BOARD OF ZONING ADJUSTMENT CITY OF ASPEN Re: John Doremus appeal for rear yard setback variance on lots M, N, & 0, Block 8, City. Names and Addresses of Owners Adjacent to the Property in Question Lots C & 0, Block 8 Charles B. & Helga Marqusee P.O. Box 10610, Aspen, CO 81611 Robert W. & Anne W. Pullen c/o Bank of the Southwest Building Suite 1905 Houston, Texas 77002 Lots A & B, Block 8 Lots E & F, Block 8 Jack A. Titus 2817 Maple Avenue Dallas, Texas 75201 Lots K & L, Block 8 Fredrik & Nancy W. Zachariasen 2235 Villa Heights Road Pasadena, California 91107 Lots P & Q, Block 8 Barbara K. McLaughlin P.O. Box 1263, Aspen, CO 81611 Lots 0, E & F, Block 9 U.S. Department of Agriculture Forest Service 806 West Hallam, Aspen, CO 81611 . .. .,. _ _ __~~___,___"_,~__",_"_,,,___,_",_,,"._~w.,.______.~..,__....,,,."._~_M'____,__<<, UpI1.. .~, 1911 .8~.~~ ~1-~ ~/ f) ~,'m.-.{!A~r~ . W~aAV-I'~~ ~~~dja..~~~ ~'~~~~~ 'l;-<tJ~/~ ft- ,. ~fCf~ ~ 7::U.. ~ ?.d... ~ CUt...t.../ ~ ~ t~ 9/L~ <'G 1f.-t1Ju.. t:lJvL c-u h '1'rVv. ~~ ~~~~;& ~~~ ~ IU-.JJ -P~~' 0.-& ~ t:C+->-<tL ~ /"JZA-. ~u.J ......<A/ .<''-- ~ t1A-L C-{.../ ;ct...u /s ~ 'H~ h0 P-u /UtULJ I~ ~ h .5 j--e-ce . ~"l~ ~tUL~ 'l- ~~~~~~ ,~~~~~~~ ~$~~L~ ~. ~/ ~ 'f/Uv. ~L4/~ 9iL~ ~ ~<- ~c.G h ~ ..5 f<-d..y. ~ --f'1t.-tt.I'-.o,-Zy ~ ~ ~ ~ ~cuJ::A-~ ~ of ~~~~~~ ~~~~~ .!khu ~-~ ~ rj~~ Pwc:C tnA-. ~ ~~~~ ~ ~~.~4d I~. ~~~aJ~ ~ ~~A..u~1 ~ ~ ~fhLt--lA ~ ~ 1/u.. ~~-7~~ ~ ~~. ~ . t;;:: 'Ild k CjfLaACtJ. ~9/l ~ ~ !u-gk'<-~t- ~ 'lU..fd.e- ~ I~'l~ ~. .)~~ ~~, ~ ~ ~d~ rl' (7rU<.-. ~d.-~ ~ UJ.) ? 25 ~ J:lll.t.d . ~/~--<J ~J ad~-' l::/.tJ. ~ /O,So.:z..- ~j~ 311./1 K~d %D/7-? ~ .JACK A.TITUS 2817 MAPLE AVENUE DALLAS, TEXAS 75201 (214) 742-5151 March 28, 1977 Mr. Charles Paterson, Chairman City of Aspen Board of Adjustment 1]0 S. Galena Street Aspen, Colorado 81611 HE: Application for Variance by JOHN DOREMUS Between 7th & 8th on Smuggler Street Lots M, N, & 0, Block 8 Hearing Date: April 7, 1977 I own and occupy as a single family residence the property across the alley from the above property, mine being Lots E & F, Block 8, and I wish to respectfully ask the Board of Adjustment to deny the request being made by Mr. Doremus. I cannot tell from the notice whether the variance is only for the rear yard change, or whether it is also a request for duplex zoning. Either or both of these would do violence to the exist- ing properties. The area is basically a fine residential block with resonable development. Except for this lot and one other, the block is fully developed, and all other structures appear to be incompliance with standard clearances. To grant this re- quest would alter the character of the block by making the structures too close together. Your careful consideration will be appreciated. Sincerely, \ ~aW :].!/k \,Jck A. Titus Ru~. r 1;/971 5000 watts, 1260 kilocycles aspen broadcasting company, inc. K S n 0 box e, aspen, colorado 81611 phone 925-7383 !1arch 28, 1977 City of Aspen Board of Adjustment Chairman, Charles Paterson Aspen, Colorado 81611 To whom it may concern; I, and my family, object strenuously to any variance, what so ever, in regard and referance to lots M,N,O Block 8 belonging to John Doremus. Any variance of this sort or of any type weakens our stand and negates the ideals and guide lines by which we create a beautiful West Aspen. If we keep allowing variances the entire zoning code becomes meaningless! This particular variance would also make the existing space in the rear of the Doremus building be totally useless and ugly. The density and crowded condition of that entire area is shocking as it is andd it would be a serious abuse to all property owners; past, present an~ future, who had to abide to land use codes and laws! If this were a request for a historic or meaningful purpose to benefit the town it wouilid be a valid consideration. It is only a request to benefit, materially, one individual and selfishly weaken our present zoning. We must strenUOUSly object. Very truly yours, ~ / . ~ 81611 r -. \..,/ :) If~ 5/30/77' ~ CALIFORNIA INSTITUTE OF TECHNOLOGY CHARLES C. LAURITSEN LABORATORY OF HIGH ENERGY PHYSICS PASADENA. CALIFORNIA 91125 March 28, 1977 City of Aspen Board of Adjustment 130 South Galena Street Aspen, CO 81611 Gentlemen: This note is in regard to variance case no. 77-5. I feel that granting this variance would be a mistake. This part of Aspen is at present a pleasant and quiet residential area, in which most of the houses have rather sizeable lawns or gardens surround- ing them. A strip of only five feet for greenery between a house and the street is no more than many condominiums provide. If it becomes a pattern in the area for houses to cover nearly all the available ground area, the residential character will be destroyed. I feel it is impor- tant to maintain the single family dwelling appearance (if not the fact) of West Aspen and would hope that some effort is made by the city to keep the size of new structures there under reasonable control. S~~ YO~~d F. zaCharti' <. FZ;ht p-~L 4-)yl =7 7 . M~ ~...~ 2;L5 no-d"- {'~~ (' c NOTICE OF ?U:;UC JlEMnNG CaEe No. 77-5 BEFORE TllE CITY OF g;PEN BOi\Till OF i\DJUSTHEl\T TO ALL PROPERTY Om'iERS AffECTED BY TIm REQUES'j'ED ZONING OR USE VARIANCE DESCRIBED BELOH: Pursuant to the Official Corle 02 Aspen of June 25, 1962, as amended, a l)Ublic hearin<,; y;ill be hC'ld in the Council Poom, Citv Hall. ASDPn. Colo.. <.... .. ,~, rado, (or cit such other place as the meeting lOa: be then adjourl',cd) to consider an application filed with the said Board of Adjustment requesting authority for variance [~om the provisions of the Zoning Ordinance, Chapter 24, Offici a]. Code of Aspen. All persons affected by the propos~d v~riance are invited to Hppe~lr and state their vie\.Js, protesU3 01: 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 su~h variance, as the Board of !\djust;~lCcnt will give f,criolls. eonsic1eratic'll to thE' opinions of surroundiug property Oylr!crs cmd others affected in deciding Vlbethpr to grant or deny the request for variance. Thc particulan; of the hearing 2nd of the' reques tecl variance are as follm,'s: Date and Time of Meetin~: Date: Time: April 7, 1977 4:00 PM, MST ClL!:J2E1JC0!2t for Yari'2.~~..:. NAme and address Name: John Doremus AdclresS:Box 224, . Aspen, CO 81611 1:~~.t:i~_9E_~.e..s c r 5p t j yn ~:_J:::c:.E~!~!.E. Location: Descd.pU on: Between 7th and 8th on Smuggler St. Lots M, N,& 0, Block 8 V~ri"ncc requested' __<__:::"__-'--,u.-=.__' Application is made for a building permit to build a two family dwelling. The proposed two family dwelling would have a rear yard of 5 feet. '[he required rear yard is 15 feet. Section 24-c Area and Bulk requirements in R-6 Zoning District Duration of Varillnce: (Please eross out one) ~-emf~~~H:.Y-- perwanent THE CITY OF :\ST'EN BO,\RD OF ADJUSnnmr BY /J1AfiA<':. }1/~ .~ ~':if'-=r--'-"'-'-'."""-'~-'-'._-'.~' fv cV~n~