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Home My WebLink Aboutlanduse case.boa.323west hallam.039-74 Q o NOTICE OF PUBLIC HEARING Case No. 74-39 BEFORE THE CITY OF ASPEN BOARD OF ADJUST~~KT TO ALL PROPERTY Ol.JNERS AFFECTED BY THE REQUESTED ZONING OR USE V?RIANCE DESCRIBED BUOI.J: 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: October 3, 1974 3:00 p.m., City Council Chambers Name and address of Applicant for Variance: Name: Mr. & Mrs. Tom Prior Addressf. O. Box 9513, Aspen, Colorado 81611 Location or description'of property: Location:' 323 W. Hallam Street Description: Lot D & E, Blk 43, Aspen City and Township Variance Requested: Variance is requested to build a dormer window 1'9" from the property line. The proposed dormer does not meet the required 5 foot side yard. Sec. 24-5(e) Minimum Side Yard. Duration of Variance: (Please cross out one) ~~j(y Permanent I I I I 1.. rr r:':'.I. 0 !:,().:..~:~ OF CITY OF ...,--... "'J'''''J'''() ..'1...:...-.... ".l" .....'"-' .j.~_ 4!'3.lql~ IV ASPEN '[O.VO ' CASE NO. 1J1 ADDRESSP.O. Box 9513 Aspen, Colo. DATE Sept. I APPELLANT I 12, 1974 Mr and Mrs Tom G. Prior 'OWNER Mr and Hrs Tom G. Prior ADDRESS P.O. Box 9513 Aspen, Colo. . LOCATION OF fROP;:;R'l'Y 323 W. Hallam St. Lot D &'E Block 43 Aspen, City and Township (Street & Number of Subdivision Elk. & Lot No.) Building Permit Application and prints or any other pertinent data must accompany this application, and will be made a part of CASE NO. 7'1-;3 7 The Board will return this application if it does not contain all the facts in question. I I I I' I Description of proposed exception showing justifications: To add a dormer window within an existing room on the second floor of a house 1 '-9" from the property line. The floor area of the existing room will not be increased. There will be no horizontal extension of the house beyond the present wall line. The addition of the dormer is intended to gain more light and ventilation to the existing bedroom. I I I I I I SIGNED /))0i-? ,,9n-J !J~ Appellant I I I Provisions of the Zoning Ordinance requiring the Building Inspector to forward this application to the Board of Adjustment and reason for not granting permit: A~Plication is made for a ~uilding permit to build a dormer window. The proposed dormer window will be 1.75 feet from the side property line. The requi~ed side yard is 51 feet (Sec. 24-5(e) Minimum side Yard). o " "- 'I' V) .... r:v ... V) Jev ~ ~ ri ""~f\l C .,...: -J l, "-Il ~~'9"(){) --.J ~ ~ ~ ''\9 rJ 1!.J,~..., , -.l ''j. ':) ~ ~ " --< ~'I~ ~ ~'.l "' ~ lI) ~ ....~ ~'-J' Cl ~~~ ,'\!), "~:~<.t~ ~ J..U-.... \;.J.....J ~J)",,~,~ -c:- L~~~ ~ - -- --- --- ~ ~ '~ ~ ~ ..... t'\'t: ~ D.. VI G -51\J].2 ,,~ Q J X <L ~ ~cB*.~ F\ - -~ oN l.~ ...... ~ r..J '-j- !>J. -J ~ ...... 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Scbeid 327 West Hall"~ 1trest As~en Colorado Mr und i.irs l'hl)~as Prior 323 Wes~ Hallam street Aspen Colorodo 1.0. Box 9513 Dear i'lr and Mrs Prior: I u:.. WI';' t~ng in regard to the dormer window you are inotolU,llg in thq second story roof of the front 6edroorn on the west side of your raqideoce ut 323 West lsllam Street, next to my residence. rhie is to conftm the conversations I have had with both of you 00 Septe~ber 5th and 6th, both in person and by telephone, regarding this matter. As presently designed t;1is poses a real'potential daniSer to my roof, the aide of my hOllae, my windows mId the heat tapes! have just had Installed at considerable expense. \ rhls is a constant problem area a~d every effort mu~t be made to re~uce thl' r!lzzards of the ice and snow which uiles up every :i'enr on my side to u depth 0-1' l!overal feet. Bllcaul!e the .sun does not reach thl13 excepting utlly the early bours of the day the iea and SOOl;' necumulat<H;,'nel ts and rl"frel;lz<"b until r. mass liullds up', both fro:]] lour roof and ;;i.:e. Now that you are elevating your roof in that portion wberu you are building the dormer, eveu higber,the angle is more thrc3tening to ny side rod in fact you are quite possibly providin:, a "slide" to ai-:oot tlC ice and snow even farther over...with quite a dlsaeterous !f!'e("~ < f ['(It to my roof, most cert:iioly to the heat tapes on my roof ,"11(' el"a 'lIore, to my windows. Heat tapes are fragile and very easily Jl.louDsd and almost impossible to replace in tbe winter. I D\ll apl:ealing to you to redesign your plans or ln SO'1le way to devise a Ech_,"" wblcb w111 protect 'IIy property, including the heat tapes l~hich I hl",re jU3t put on; tbese to protect your property as well as mine, Fl.)ase law\( that I am most anxIous to a'loid any difficulty and I have con~ldence that you will accept thls letter in the neighborly spirit I lntend it to be. YoulSS mos t s incergly Marguerite M. Scheid . A spen Colorado December 14, 1975 Ka thryn Hau ter City Cler1c Aspen Colorado Re: Prior Property 323 West Hallam St: Dear loUss Hauter: This is to confir~ a telephone conversation I had with Li~by Klym of your office earlier this month requesting tgat I be notified of any hearing scheduled before the Adjustment Board _pertaining to the Prior property located at 323 West'Hallam S~reet. . As I am the property owner adjacent to ~he Prior property and directly effected by any"decision which may result in another hearing before the Board it is imperative that I be ,notified in advance of such a hearing. I wish to be present as I have information to present. ~70 m~~ .~oI~ 4'li~ te M. Scheid 327 ~t Hallam Street P.O. Box #4866 Aspen Colorado C,.,9,1lS5 o o i. r"~ . . CITY OF'~'ASPEN 1:{O south gaicn~ aspen, co!orado/" --...,,1 ..._~.... ~ ......-"'...... ..: s t re e t 81611 August 30, 1976 I Marguerite Scheid Box 4866 327 W. Hallam Aspen, CO 81611 Us. Scheid, At the meeting of the Board of Adjustments on Thursday, September 2, at 4:00 PM, Case No. 74-39 will be reviewed. This case refers to Tom and Sharon Prior's request for a variance to build a dormer on their house, which you were opposed to when the case originally was heard. Sincerely, "/(cuU!fu )lIdh,^- l-largie Wilson, Secretary to the Board of Adjustments v f o o JOHN p, VAN NESS "92SR=4YSAOOW P.O. .OX ....1. ~.... ~ '" ... "- ~~EN, COLORADO .1.11 November 18, 1976 Board of Adjustment City of Aspen Aspen, Colo. Attn. Ms. Kathyryn Hauter I Dear Ms. Hauter. At a recent meeting the Board of Adjustment granted a permanent variance for a dormer constructed more than a year ago on the Prior residence at 323 West Hallam. Marguerite M. Scheid, owner of the adjacent property at 327 West Hallam and an interested party, was not notified of the meeting. We do not desire a rehearing I rather, we would be satisfied if the enclosed letter of Mrs. Scheid is read to the Board and made a part of the record. ~he matter of insurance coverage referred to in her letter has been satisfactorily resolved. I I Thank you for your cooperation. Sincerely, 9~ ;CJd-.~ I I I - - -......- --- - - - --- ----- . - .. 'l ....) " Marguerite M. Scheid 327 West Hallam Street Aspen Colorado November 16, 1976 Board of Adjustment City of Aspen Aspen Colorado Dear Sirs: I am submitting this letter to be entered into the record per- taining to the installation of a dormer window on the Prior residence adjacent to my property. I was not notified of the meeting of your committee at which a full permit was granted ( see my letter of 9-20-76), thus my absence is not to be construed as my approval of your decision. I do not agree that this does not pose a hazard to my building and property. It is the opinion of those experienced in such matters that it is potentially damaging, even to the extent of depreciating my property. In your decision to grant a full permit, definitely against the building code, and without my presence or that of my attorney I am uncertain as to insurance coverage and any restitution to which I may be entitled in case of damage. Thus let this be on the record that I do not acquiesce in your decision ,to grant a full permit for this construction. ~urs truly. /-- \,., _I ~ . /J CijL/;~t<'l~']/fe.- p 7. ~ ~' R!)'l;gue-rite K. Scheid '\/ ~, , , I I I I I -- cl1~y o ALSlPEN (:~... , "~ >J.t.. 1:~OSOH!i' ;~:<' l"~a street 81 611, . <I aspen, {';).or',:,:,;,:o I I DATE: :!ovember 20, 1975 Hm,lORANDUM TO: liembers of the Board of Adjustment FRo:~andra M. Stuller RE: I Variance for Application No. 74-39 Mr. and Mrs. Tom Pr.ior - On October 3, 1974, you granted a variance to the above applicant to construct a "dormer" 'd~thin the side yard set back (see attached copy of minutes) after a discussion of the dangers of property loss to neighbors in the event of ice and snow fall from the roof overhang., At the time of granting the variance you reserved the right to review the situation after one year. I have received a request: from John I'lcndt, representing ~lrs. Prior, that you exercise that review ar.d, if appropriate, eliminate the "temporary" nature of the variance granted. -If this is acceptable [or consideration at yonr next meeting I wouldsug- gcst that it is an appropriate item for discussion under "Old Business." SS/pk l\t.tachment cc: Clayton Meyring Libby Kylm ________ I I I . I I1ECOI1D OF PI10CE:E:D!NGS r =.:"~" :~!,:~.l~'~_~~.t:~.~__---::-~=_=~=.~.:::=:.=-.-=.=:=:::==_~_:-~==--==:.:.,-----.---~. I - . ) It' ". d f ' 3 ~:egu ,ill' ~lee, . JoD'J J\spcn Boar 0: J\d'justmcn!::2 October, 1974 I ':rhe meetingl was called to order by Chairmiln John DuJ;es at 3: lOp. m. with members ::\emo I,avagriino, Charles Patterson and Fred Smith present. ,Euilding Inspector I 21ayton He~ring was also present. I_~ Approvill Ofl Minutes Since the minutcs of the September 19 meeting were not aVililable yet, the minutes were dispensed with. , I , ~case No. 74-39 Hr. & ),lrs. Tom Prior I " o o 100 Leaves Application was made to add a dormer, \1indow \1ithin a' 'existing room on the second floor of a house on 323 W. Hallam St., lots D & E, block 43, City and townsi cif Aspen. House is I' 9" from the property line. Th' floor area of the existing room will not be increase There would be no horizontal extension of'the house beyond the present wall line. The addi tion,',of the dormer is intended to gain more light and ventilatio to the existing bedroom. Reason for variance is that Sec. 24-5 (e) requires a side yard of :;' and applicant, had only 1. '/5 I . ,Norman Eurns, representing the Priors, explained tha the room vias being designed to hold two gi)~ls and th the space was needed to make the room more comfortab for them. It was noted that constJ~uction of the dor mer window had already began before the construction firm had obtained a builCling permit, therefore, a stop \1ork order had been issued. I I I I I I I /,jrs . Marguerite ~l. Scheid submitted a letter in protest over the dormer iri regards to the potential ice damage to her roof as her, house is 1'9" from the Prior !louse. 1I1so submitted was a letter by Hayne Schimf of Valley Builders stating thilt he had found il potential danger existed \'Iith the addition of the dormer window in that snow melting then freezing upon the l'rior roof might eventually break loose and fall, causing dilmagc to the overhang and possibly to the \'Iall and Willdows of Hrs. Scheid I shouse. Hr. ,Schimf, in his lCltter" sugg(~sted heat panels and ice deflectors a~ preventative measures. ),lrs. Pl~ior st:a ted that she had already offered tea pi for any dmnagc done by falling ice off of her roof: and nlso mentioned that Hico Kuhn, her gi1rd(~ner, cOt supply her \'Iit:h someone 1':0 clean the ice and snow 0$ the roof during the winter. /.lrs. Scheid ilc1m:i tetcc1 that. HI:5. Prior had milcJ e the offer of full eom[1cnsat-i on but that. 'she had \'lilnt,ec1 GOnlet:l1:i.ny t~o l)(,~ legally binding incase of tiny rnisun( standing. Hr. Pi,tt01'son SllCfCfestcd that a cold roof" that: beint II I I , . Qrilnted in order to be aD to review the situation, after the cold roof has been given a chance to ~Iol:k. , . 'rhe member~> went int:o executive session. DurinCj that- time, the Chairman "sked that the secretary go bock ~through all the variances given on a temporary bosis for actions and dates on each, one. Also reqnested at tha t' 't:inlc, i-Jas tha t a memo be sent to the C~ty Attorney in reference to any action being taken against the Hotel Jerome (74-l9 Gilmore) due to an antenna on a non-conforming roof that' was to have been removed by June of 1974. ~:otion When the members reconvened, Mr. Patterson proposed a motion to grant a temporary variance to be reviewed in one year, variance granted based on Sec. 2-22 (d) (4) "That the granting of the variance will not 'adversely affect the general purpose of the compre- hensive general plan" and subject to a cold roof bein. applied to the dormer and approved by the Building Inspector; that Nrs. Prior have a copy of the home" owner's policy clause pertaining to damage to another building by ice from her roof along with a letter frOi her insurance agent or company pinpointing the part that ~lOuld protect Mrs. Scheid I s interests and anothe: letter from l,jrs. Prior to Mrs. Scheid taking full responsibility for any damage done to Mrs. Scheid's "house.' 1'1'10 'copies to be mane: one to the Building, Inspector and the other to Hrs. Scheid. Lavagnino seconded. Roll call vote: Smith,yes; Patterson, ye, Lavagnino, yes; and Dukes, yes. Notion carried. I ,-.:ase No~-40 I-:eving Schectm: IIPplicant asked for a variance to build an addition to an existing greenhouse at 220 W. Main, block 5l, L6ts J,N and all OPQ, City and to\-lJ1site-of Aspen. 'l'he exi'sting greenhouse is non-conforming use. A non- conforming use of land or of a building or of any portion thereof shall not be extended. Sec. ,24-l0 (e) I I ,Hr. Schector explained t:hat he had asked for a' permanent variance but that he, did not know ,,,hethel: he '-Jould be keeping the structure since he was just going to try it out during the year. It was, just going ,to be made 6ut of fiberglass ,,,ithout any doors or windows and it ~lOuld be, used to store plantf3. Ch6irman Dukes read int6 the minutes two favorable replies to the no,ticesscnt' out. One from Robel:t D. Elliot for thQ Aspen School District HE-l and the oUwr from IJugh and Edith Chisholm of Box 291, Aspen. Nemberf3 went into executive session. ::>tion !"'hcn the members reconvened, Smith moved that a variance be granted due to See. 2-22 (d) (i\) '''l'ha t the <Jl:'antin~l of the variance \liLl not adversely ilffec1 the 'lencri11 purpo[;e of the comprehensive general plan' Pat:tcJ;son seconded. Holl call vote: Smith,' yes; , Pu ttcrson, yes; Luvi1gnillo, yes; nu}a~s I yes. Notion 'CilJ:r ied. o o I I I I I ". i, ~t . . " . CITY, OF'~'ASPEN r . 1 3 0 s 0 ~l I h g a I e n ~ s t r e e t aspen, \.colorado/ 81611 .~-~....' . I January 25, 1977 I I I I, " Marguerite Scheid 327 ~l. Hallam Aspen, CO 81611 Dear"Ms. Scheid, As you requested in your letter to the Board of Adjustments dated November 16, 1976, the same letter was read to the Board and entered into the minutes at the meeting. , While the Board regrets that you were not present at the meet- ing which granted a permanent variance for a dormer to be built onto the house adjacent to yours, our records reflect that you were notified by a letter written and mailed August 30, 1976. A copy of that letter is in the permanent files in the office of the City Clerk. If you have any further questions concerning this matter, please contact me at 925-2020, extension 34 or stop by City Hall during working hours. Sincerely, m. .)~ Marg~On, Deputy City Clerk ~., o~ witt ~ ~e.A- '-ttU4 ~ dAd )2U r ~ tJ(Juv ~ ~ ~df ~ Margie John Van Ness wants to arrange to get some minutes concerning the variance in which Mrs. Schieb is con- cerned. Can you call him at 4500. SMS q{ Cl'),- -'1& -,~~- HOECKEL'S / \VQr~Y .'FOR ALL OF YOUR OFFICE NEEDS" CALL 433-7481 1500 W 47TH AVE. DENVER, COLO. 80211 -- ... i - -- - - .~ - .. Marguerite M. Scheid P.O. Box 4877 327 Hallam Street Aspen, Colorado 81611 September 20, 1967 Kathyrn Hauter City Clerk Aspen, Colorado 81611 Dear Miss Hauter: According to the Aspen Times of September 9, 1976, the Board of Adjustment made a decision regarding the Tom and Sharon Prior application for a building permit which was pending and which I had questioned. Since this matter was one in which I was involved, why was I not notified of this meeting? In a conversation with your office in July, I was advised that this meeting had been postponed and would be scheduled later in the summer. At that time I made a special point of insisting that I be officially notified and requested that a notation be made in the file so there would be no oversight regarding this. I am protesting your failure to notify me of this meeting. It was my right to be present and your obligation to give me notice when matters pertaining to my property were under consideration. I am requesting that every member of the Board of Adjustment receive a copy of this letter and further that this letter be entered into the permanent record. , 7J7' ~JJ ~ rgue i te M. Scheid ~... 1, ---"'-' 1. (O....JIa1j-tu+",.f r" To t1f ~~ Sin erely, ~ o o 111 RECORD OF PROCEEDINGS 100 Leaves '01110 W C. '.II0[CKll..... l. co. Regular Meeting Aspen Board of Adjustments October 3, 1974 The meeting was called to order by Chairman John Dukes at 3:10 p.m. with members Remo Lavagnino, 'Charles Patterson and Fred Smith present. Building Inspector Clayton Meyring was also present. Approval of Minutes Since the minutes of the September 19 meeting were not available yet, the minutes were dispensed with. I, Case No. 74-39 1 Mr. & Mrs. Tom Prior I Application was made to add a dormer window within an existing room on the second floor of a house on 323 W. Hallam St., lots D & E, block 43, City and townsite of Aspen. House is 1'9" from the property line. The floor area of the existing room will not be increased. There would be no horizontal extension of the house beyond the present wall line. The addition,',of the dormer is intended to gain more light and ventilation to the existing bedroom. I I I; Reason for variance is that Sec. 24-5 (el requires a side yard of 5' and applicant had only 1.75'. I Norman Burns, representing the Priors, explained that the room was being designed to hold two girls and that the space was needed to make the room more comfortable for them. It was noted that construction of the dor- mer window had already began before the construction firm had obtained a building permit, therefore, a stop work order had been issued. , I: " I' Mrs. Marguerite M. Scheid submitted a letter in protest over the dormer in regards to the potential ice damage to her roof as her house is 1'9" from the Prior House. Also submitted was a letter by Wayne Schimf of Valley Builders stating that he had found a potential danger existed with the addition of the dormer window in that snow melting then freezing upon the Prior.,roof might eventually break loose and fall, causing damage to the overhang and possibly to the wall and windows of Mrs. Scheid's house. Mr. SChimf, in his letter, suggested heat panels and ice deflectors as preventative measures. I' Mrs. Prior stated that she had already offered to pay I for any damage. done by falling ice off of her roof and also mentioned that Hico Kuhn, her gardener, could; supply her with someone to clean the ice and snow off i the roof during the winter. I. Mrs. Scheid admitted that Mrs. Prior had made the offer of full compensation but that she had wanted something to be legally binding incase of any misunder. standing. I I Mr. Patterson suggested that a cold roof, that being an extra space above the roof that allows cold air to circulate, might be the best way to solve the problem of the snow melting and forming into ice, since with this type of roof, the snow does not melt. , r I, Mr. Smith was concerned over Mrs. Scheid's rights in the future and thought that a copy of the clause in Mrs. Prior's insurance that relates to coverage of any damages incurred by ice or snow to another's home t' plus a letter from Mrs. Prior stating full responsi- bility for any damage should be given to Mrs. Scheid. He also suggested that only a temporary variance be [) o I l . I I I grantcd in order to be able to review the situation aftcr the cold roof has been, given a chance to work. The members went into executive session. During that time, the Chairman asked that the secretary go back through all the variances given on a temporary basis for actions and dates on each one. I Also requested at that time was that a memo be sent to the City Attorney in reference to any action being taken against the Hotel Jerome (74-19 Gilmore) due to an antenna on a non-conforming roof that was to have been 'removed by June of 1974. Motion When the members reconvened, Mr. Patterson proposed a motion to grant a temporary variance to be reviewed in one year, ,variance granted based on Sec. 2-22 (d) (4) "That the granting of the variance will not adversely affect the general purpose of the compre- hensive general plan" and subject to a cold roof being applied to the dormer and approved by the Building Inspector; that Mrs. Prior have a copy of the home- owner's policy clause pertaining ,to damage to another building by ice from her roof along with a letter from her insurance agent or company pinpointing the part that would protect Mrs. Scheid's interests and another letter from Mrs. Prior to Mrs. Scheid taking full responsibility for any damage done to Mrs. Scheid's house. Two copies to be maQe: one to the Building Inspector and the other to Mrs. Scheid. Lavagnino seconded. Roll call vote: Smith, yes; Patterson, yes Lavagnino, yes; and pUkes, yes. Motion carried. I I, I' I r I' t I ICase No. 74-40 . Irving Schector , Applicant asked for a variance to build an addition to an existing greenhouse at 220 W. Main, block 51, Lots ~N and all OPQ, City and townsite of Aspen. The existing greenhouse is non-conforming use. A non- conforming use of land or of a building or of any portion thereof, shall not be extended. Sec. ,24-10 Ie). II , I: Ii Mr.,Schector explained that he had asked for a' permanent, variance but, that he,did not know whether he would be keeping the structure since he was just going to try it out during the year. It was,just going to be made out of fiberglass without any doors or windows and it would be used to store plants. Chairman Dukes read into the minutes two favorable replies to the notices sent out. ,One from Robert D. Elli'ot for the Aspen School District RE-l and the other from Hugh and Edith Chisholm of Box 291, Aspen. , .' . Ii , tr Members went into executive session. Motion When the members reconvened, 'Smith moved that a variance be granted due to Sec. 2-22 (d) (4) "That the granting of the variance will not adversely affect the general purpose of the comprehensive general plan". Patterson seconded. Roll call vote: Smith, yes;. Patterson, yes; Lavagnino, yes; Dukes, yes. Motion carried. Ii ., I I ! Lavagnino moved to adjourn and Patterson seconded. All in favor, meeting adjourned at 4: 00 p.m. ' , i~~/}v If kffi Deputy City Clerk I r- "~_e. '?r CI~'. l~/ 1..-;; 1::J.1:C'_ "7 ~ ',f,.l ~ 0' :r~' . l r :. .~ iii 30 ':lS' 1-- - ,No.V_'Z"j_l ',S- H Q.ftI\ '...1 ~II ;il '" ....' ~I - A.1 ""J ;j). ~I ,-