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HomeMy WebLinkAboutlanduse case.boa.101 N Park Ave.001-75 ZI . ..~......... ,...... ! ',' ....-, '''1..._~. .. .~.:.,.!.,~. ~'~:~ ..'1' '" ~ CITY OF ASPE:, DATE Nov. 25, 1974 CASE NO. APPELLANT Gertrude Bibbig ADDRESS 165 North Park Avenue Box 175 Aspen, CO 816111 'ONNER Same /,IS Appellant. ADDRESS LOCATION OF PROPERTY 161 North Park Avenue, Aspen CO 165 North Park Avell'.le, ASpen CO (Street & Number of Subdivision Blk. & Lot No.) Building Permit Application and prints or must accompany this application, and will any other pertinent data be made a part of CASE NO. The Board will return this application if it does not contain all the facts in question. Description of proposed exception showing justifications: There is an existing large -nctorlan structure on the property consisting of three Uving units~being the main house, studio apartment; and one 1">edroom apartmBnt.. In addition another "malleI' victori!l.T1 structure was moved on the premises on a basement constructed"fer it, for~hich a ~li11ing pe7'!Dit.. was granted for a single family dwelling.After the b".sement. was built. according to . architect's drawing, tl:e house mover advised that structurally it was impossible to'move t.he house ont.o the basement until several supporting wallE were built into the basement. .1'hose. . waLls took up a great deal of room and the staircase ./as placed outside rather than 5.nside the basement in order not to waste additional floor space. As the structure stands no"" i+. q11alifies under the building code !IE a duplex rather tha.'l a single family dwellingi however, the square footage of the. property is consistent. with 4.4 units and the duplex dwe ling would brj.ng the number of units up to 5. Because the cost Gf the structure was greatly ill excess of the owner's estimate, the additj.onal cost of construction to conform with single family dwelling status would be prehj.bitive to her at this time, and how having given IT'Uch com.ideration to the matter, the owner, because of SIGNED 'adv~I1ced age anr1f:i.nancia~ status , feels that till s propert.y Appellant as a sinsl'=! falllily dwelling ma.y AOl!leday bee om'=! too much for her to support ami wOl'ld. Drefer to have the nroperty classified as a duplex. Provisions of the Zoning Ordinance requiring the Bu~lding Inspector to forward this application to the Board of Adjustment and reason for not granting permit: Application is made for a var~ance to permit a two-family dwelling to remain on which a single-family building permit was issued. Tpe two-family dwelling is on a 17,729 square foot lot and has an existing three family dwelling on the lot or a total of five (5) dwelling units. The present R-6 zoning makes the three-family dwelling non- " conforming and only permits 3.94 units on the lot. Sec. 24-3.4 Area.and Bulk, Regula~ions R-6 District Min Lot Area per dwelling unit. . See, 24-12,2 Nonconforming Use' of Land .PE~lIT REJECTED, DATE APPLICATION FILED J / - 7 r- 7 V HAILED ' /;;! -5 - 7 rJ Status DATE OF HEARING ~_C), ')/~ ----- Sccrct.;lry Adjacent Properties Luke W. Anthony, Inc. Box 12(1 Aspen,CO 81611 Nostdahl and Marthinson Box 1353 Aspen, CO 81611 Evert A and Patricia Bancker Villa En Chanta Merlaz 1141 E. N. S. Morges Vaud, Switzerland Whitcomb, Harold C., Jr and Whitcomb Philippa Bayless Box 660 Aspen, CO 81611 The Congressional Corp % Arthur C. Hyde Co Suite 201 Bethesda, MD 20014 Drew, Michael and Ingetraut French's Long Wittenham Abingdon, Oxford Er;g:b..,d OX 144 QQ Re: Bibbig application for Variance 2/ , NOTICE OF PUBLIC HEARING 74-47 Case No. BEFORE THE CITY OF ASPEN EC.~RD OF ADJUSTlIE}."T TO ALL PROPERTY OvmERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESC'S'~IBZD BELOH: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing _Iill be held in the Council Room, City Hall, Aspen, Colo- rado, (or at such other place as the rr~eting 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: B~~e","uc~ 19, 1974 ~""'-^-':'.1- \1.,1\~15 Time: 3:00 P.M., City Cou~cil CHambers Name and address of Applicant for Variance: Name: Gertrude B}bbig Address: 165 N. Park Avenue Box 17 5, Aspen Location or description of property: Location: . Description: Variance Requested. There is an existing large victorian structure on the f'~Uf'''L'''Y <':ul~l>;...ll1~. of three living units being the main house, studio apt., and one bedroom apartment. In addition another smaller victorian structure was moved on the premises on a basement constructed for it, f~r which a building permit was granted for a single family dwelling. After the basement was built, 'tii.f.f1~ cff V:E'li&fcfg~teffi~agia~~8~~ SBe 8Rli1e moveJ4; advised that structurally . over--------------- 101 N. Park Avenue ~ Permanent BY CITY OF ASPEN BOARD ,1~ iLJteo :1 Chairman . ~ , OF ADJUSTHENT THE to i , , ; I I L , , '1 , , CITY OF ASPEN aspen ,colorado, 81611' hox V 3 February 1975 Ms. Sheila Bryan Box 976 Aspen, Colorado 81611 Dear Ms. Bryan, Per Case 75-1 (74-47) of the Board of Zoning Adjustment, the following is the motion as approved by the members on January 23, 1975: Paterson moved to grant the variance to Mrs. Bibbig on the basis that the granting of the variance is essential to the enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and zone but denied the subject property because of special conditions or extraordinary circumstances and that the granting of this variance will not adversely affect the general purpose of the comprehensive general plan on the condition that . a Deed Restriction be prepared and approvea-by the City Attorney to restrict further development on that triangular portion north of easement of the Drew property; in the event of subdivision of property, this triangular section described be considered part of the Bibbig property on which the duplex is located. Dukes seconded. All in favor, motion carried. A copy of this letter will be sent to the City Attorney, Sandra Stuller, and she may be contacted at City Hall, 925-2020, ext.53, for any further questions. Sincerely, I ~ ' I) /~~VO/ '" Susan B. Smith Deputy City Clerk sbs -,