HomeMy WebLinkAboutminutes.boa.19890928 CITY OF ASPEN
BOARD OF ADJUSTMENT
SEPTEMBER 28, 1989
SECOND FLOOR MEETING ROOM
4'00 P.M.
A G E N D A
I. CALL TO ORDER
ROLL CALL
II. MINUTES
AUGUST 24, 1989
III. CASE #89-18
FONDA D. PATERSON
IV. CONFERENCE WITH SANDY STULLER
AND ROXANNE EFLIN REGARDING RESPONSIBILITIES
OF HISTORIC PRESERVATION COMMITTEE
AND BOARD OF ADJUSTMENTS
RECORD OF PROCEEDINGS
BOARD OF ADJUSTMENT SEPTEMBER 28 1989
Chairman Remo Lavagnino called meeting to order at 4 : OOpm.
Answering roll call were Bill Martin, Ron Erickson, Charlie
Paterson, Rick Head, Anne Austin and Remo Lavagnino. Josephine
Mann was excused.
MINUTES
AUGUST 24, 1989
Charlie made a motion to approve the minutes.
Anne seconded the motion with all in favor.
CASE #89-18
FONDA D. PATERSON
Charlie excused himself from this hearing because of conflict of
interest.
Charlie, representing the applicant: I would like to present the
notice and the affidavit of notice.
I apologize for Fonda's not being here. She was called to court
for jury duty.
I would like to say that last Sunday we reconsidered our
application and moved the location of the garage to the other
side of the building. You probably saw the 2 places staked out.
We decided that on this other side we would only have to ask for
a 2ft variance.
Charlie showed photos and drawings of what was originally being
asked and what is now being asked.
The original request would require cutting down all of these
trees for a new driveway. After staking it out, we decided it
was too much of an impact and it was a large variance request.
So we have relocated that to the other side where a driveway
already exists which is a 3ft request.
I would like to ask the Board if they would consider a change.
He then showed new drawings.
Anne: I would ask why you are considering putting it this way
vs. this way.
Charlie: There is no way that I can enter from the road if I put
it this way.
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Anne: I meant at an angle.
Rick: Then he loses his walkway into the house.
Remo: You can put this someplace else though, can't you. This
isn't permanent.
Charlie: This is my building envelope. So therefore there is no
other place in this building envelope where this could work. We
are going to rebuild the front because I have a sinking
foundation.
As I pointed out in my letter, this foundation is sinking and so
we are re-building the front and moving it out 6ft which is not a
part of my variance request. That is within my building
envelope. And that is being done anyway. It has nothing to do
with the garage.
Remo: Well, it does to the extent that if you had put it this
way, you wouldn't have that.
Charlie: I have no way to enter it unless I build--
Remo: Yea. Where is your entrance here?
Charlie: My entrance to the house is right here.
Remo: But it could be here.
Charlie: It could be here, yes.
Remo: So this could be moved here and your entrance could come
in this way. You were cutting a whole bunch of trees to get a
garage in here.
Charlie: Originally. But I think it is too much of an impact
and loss of trees.
Remo: But this is a walkway now. I don't think you are talking
about a lot of trees being cut down.
Charlie: Then I don't have a separate entrance to the house. In
other words you are saying that I could place this--I would still
have to ask for a variance.
Remo: Yes. But it would be more amenable.
Charlie: This is a bathroom window. There is also an outside
faucet and a tree which I try to point out I am going to save.
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This outside faucet is the only faucet in this area that I have
for outside. So that would be wiped out.
Remo: But that could be re-connected somewhere else.
Charlie: We would lose the tree, that is for sure. I would
still be asking a variance. Then I would have to come in this
way.
Anne: And you would lose some trees out here if you came in this
way. And where you are indicating here-there are no trees here?
Charlie: This is already a driveway where we park. So this is
what I am asking for is this point here. This would be on the
property line here. I tried to move this back and the minute I
started to move back here I am encroaching on the side yard. And
that just wouldn't work.
Ron: What about neighbors? Do they have garages?
Charlie: I would like to point out the unique situation of our
property. Here is what I picked up from the Assessor' s Office.
It is the Calderwood layout of all the properties. And this is
the way it is shown in the Assessor's Office.
Because of the way the River curves our property ends up half way
in the River. I had to get a riverview setback to even build the
house originally.
I have also plotted the garages that are in my neighborhood.
Just taking Calderwood alone there are 14 homes in Calderwood and
8 garages. One of them is a 2 car garage so that is counted as
2 . And that is what is in our neighborhood.
These are across the river and these are down Waters Avenue. I
am just counting these here. Then I took a walk up 1010 Ute and
there 17 homes and 34 garages.
Remo: Are they all meeting the setback requirements?
Charlie: Yes. But somebody asked me "Are there garages in our
neighborhood?" So I am only pointing out the garages in our
neighborhood. I wanted to be prepared for that question.
Ron: Garages are not by right. So if it is a luxury that the
neighbors have then it would make me want to look more favorably
on this request.
Anne: I know that we have granted a variance for a garage across
the street. Part of our consideration then was this street, the
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trees and the unusual lot shape and the size and dimension of it.
Also that this street has a real problem in the winter with a lot
of cars parked on it and nowhere for the owners to park because
of the density of the area over here. And so in this situation
we felt that it was good to allow them to get their car off the
street.
Remo: That is what happens. I mean, Charlie has got 2 or 3
spaces right in front of his house. Right?
Charlie:- 2 spaces- in- front -of the house. - - - -
Remo: Is that on City property?
Charlie: It is.
Remo: Even though you have landscaped that?
Charlie: I can show you on this here. Our property line is
really here. So part--the rear part of the car--the cars go
about this far and stick out this way. So it is partly in the
ROW of the street.
Remo: Oh, they do. And you have some planters somewhere here.
Charlie: These 2 pictures here show the bridge. As I would re-
design it right now the bridge is straight. And it shows the 2
planters and the parking area. I am really basing my hardship on
the fact of the lot size and unique setout, the way the lot was
placed on this Calderwood Subdivision. The fact is that I
couldn't use my property any closer to the river. If this was
not river, I would have a right to build this house within loft
of my property line which would be right out here.
I understood I bordered on the River when I was buying. I didn't
quite know that it would cause a hardship later when I wanted to
do something with it. But the fact still remains that I could
have had this here and then I wouldn't have had any trouble even
if I move this another 2ft. I could have had this within my
property -lines. - - - - - - - - - -
Remo: Bill, is there a standard length for a garage or a minimum
length?
Drueding: No. A parking space has to be 8 and 1/2 by 18 . They
figure to park 2 cars you use about 500sgft which is 20x25ft.
Charlie: I made that a minimal size of only 20ft. I pulled the
car up here and I tried to see how we could walk around the back
after parking and I couldn't get around the back with the door
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closed unless I walked outside. If I did a carport to here and
it was only posts which is an alternative route to go then I can
walk around because I can walk around the posts. If the garage
doors were closed and I have to enter this place, I wouldn't be
able to get around to get in the driver's seat and I would have
to open the door first.
Drueding: The minimum is about 22ft.
Charlie: I didn't even want to have to go 22ft. That is why I
am only asking for the minimal variance.
Anne: Would a carport be an acceptable option?
Charlie: Not really for me because I am trying to get a closed-
in area.
Remo: Is there a reason for that?
Charlie: In the hotel business we are a little bit like doctors.
We sometimes get called out in the middle of the night and it is
pretty hard to slog through the snow and uncover the snow off the
car. I know that is not considered a hardship for this but since
you asked me that is one thing that is moving me in this
direction. I would like to have one vehicle that is completely
closed in and away from the snow. It is a 4 wheel drive and I
can drive out and I can go to the lodge in the middle of the
night when I have to in an emergency.
Remo: Wouldn't a carport in effect keep the snow off the
vehicle?
Charlie: It would. But it wouldn't be the same thing. I
couldn't heat it.
Remo: Is this going to be a heated garage?
Charlie: I was planning to possibly heat it so the car would be
easier to start. Then I wouldn't have to have a special cord
that connects up to the outside.
There is also a new elevation. This elevation shows the impact
as a little bit less. This is the new part here. As you see
this new roof coming out and then this would be the garage with a
walkway. That is an open walkway to our entry. That was the
idea. (There was terrible noise in the speaker here)
You can see a garage roof from the side. That is a side view
here. This would be a front view of that same part with a roof.
Now we are going to have a flat deck with a continuing over the
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top of the garage. So what we want to do is the least impact as
possible. The less trees we have to take out and the less impact
on the neighborhood as possible. The new request would be 3 x
13 .
Anne: Remo, in a situation with the neighbor across the street
where we were trying to do a minimal impact we went a did a site
inspection. Do you think in this situation that we would benefit
by doing that?
Remo: I went and looked at the site. I saw the tree and I saw
the water main coming up. I think both of those, to my personal
view, I think both of them can be moved to another spot and the
garage put in this configuration where if there is a variance it
would be minimal. Whether it conflicts with what he wants to do
with the entryway I don't think that is our problem. I am just
saying in the existing floor plan that we can get it in. I mean
this variance is so small as to be almost non-existent. He
doesn't even have to put it in a square wall. That is nothing.
Anne: You are the only one that looked at the site with this
idea in mind. Charlie has changed his proposal.
Remo: When I saw this plan and before I went there I took this--
I did this before I looked at it. And then I went down there and
I realized "My God, this thing, there is no trees in here. He
could come right in here. And there is a lot of impact here. A
lot of trees down here. And I am saying that you still, by using
the bridge, might have to move it and take less trees out because
the impact is narrow to your entrance that could be on this side
in here.
Charlie: I couldn't build a new entry here. This is what I feel
I need this extra space.
Remo: But it still can be there is what I am saying. And this
configuration can be something to adapt to having a garage there.
I don't know. I am not designing this for you. I am just saying
there is a place here to put this since you were going to remove
this wall anyway.
Charlie: The whole front of the house will be a driveway right
here. And all these windows here which are now looking at a nice
quiet tree view would be a driveway. In other words we would
have a driveway cutting into this part and that--
Anne: But you would also be cutting trees. Whereas with the
other option it seems like there would be less impact.
Remo: There are no trees.
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Charlie: But if you will look at the elevation you will see that
this couldn't be built. The way this comes out could not be
built. This would be garage and you couldn't--
Remo: Are you talking about the upstairs now? Is this an
upstairs now that you are showing me?
Charlie: You could build this over the garage is what you are
saying?
Remo: Yes. I mean I am not designing this for you, Charlie.
Charlie: I didn't think even that that was an option.
Ron: By the way I want to make a point here. On your old
application you are showing 11 6 here, 11 6 here that if my map
is correct that this area of square footage (several people
talking)
Charlie: There is a driveway in here. It is the block that has
the grass growing through it and we were planning to leave that
so that this would stay grassy here.
Anne: Because I know in here there are some really big Aspen
trees.
Charlie: Right. In this whole area there are.
Ron: Which you would have to remove if you put the--
Charlie: If I brought it in this way I would probably have to
remove most of these trees here. Again all of the front of my
house would be looking at these trees. To make a swing, even if
I took the bridge out, I would still have to--because you can't
bring a car in like this and make it straight. That is why I
changed that scenario because it didn't--I really had second
thoughts about removing all of those and that is why I show this
one picture here because that would be all removed as you see it
here.
Rick: For what it is worth, Charlie I would think from a fiscal
point of view this scenario here would probably be much less
expensive to construct than to have it detached and more than
offset the cost of moving that outside spigot over to another
area.
Charlie: Well, the bathroom window also. That is another
problem.
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Rick: He would lose the bathroom window.
Anne: That is why I asked if a carport would be acceptable
because of that situation. Then there wouldn't be the impact.
Charlie: If you didn't grant the variance, I probably would
build it here as a carport then cut that off and just make my
18in overhang which I am allowed.
Remo: And he can enclose all the area that is under it within
the set back?
Charlie: I could enclose that. I could not have a door on that
so that would take- that away.
Ron: I want to point something out. There was a misconception
created when Rick asked Charlie how much--what is the square
footage of the variance he is requesting if he moves the garage
from the east side of the house to the west side of the house.
And he said something like 39sgft, 3 x 13 . And that looked like
it was greater--that he was asking for a bigger variance than
what it was. When, in fact, when I did my calculations on here
the original was--he was looking for something like 64sgft of
variance and now he is only looking for 39.
Drueding: He is not asking for a floor area variation. Just the
distance.
Rick: In this scenario you could even put in a door into the
garage without having to go outside like you would if you had to
go out on a cold night and open the garage door. I think you
could make this to look very much like the rest of the house and
make it look like it was part of the house except for the garage
door. From this side you could have windows along there and it
could be quite attractive.
Remo asked if there was anyone from the public who would like to
comment.
Marsha Goshorn, representing the Aspen Townhouses By The River
Condominium Association which is 13 townhouses that is to the
west of this. While we don't necessarily object to this
particular plan because of the way he is set on the lot and with
the trees in front, it is not really going to damage what the
neighborhood looks like. But we would like it in the record that
we don't think this should be used in the future by other people
in the neighborhood as a precedent. This is one of the few lots
in the neighborhood where you wouldn't impact the load of the
street because you really won't even be able to see it
particularly from the street because of the way that the
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landscaping and everything is done there. But it is one of the
few lots in the neighborhood where that is the case.
Remo: We don't act on precedent. We act on the unique situation
with each individual case that we hear. We also don't use
aesthetics as a precedent either. We don't even use it as a
criteria for reviewing cases like this. We are really looking at
to see if the applicant has a unique situation that he is being
deprived of a property right or usage of that property due to
some unique circumstance on this property that would allow us to
grant him a variance. Or else you all come under the same zoning
laws that everyone else has to abide by. And the garage in this
case is not a right that you have to have but it is another if
you can put it in within the confines of your setbacks and on the
lot legally you are allowed to have a garage. And he is coming
to us because he is infringing on those setback requirements.
Charlie: One more point. The neighbor to the side most affected
spoke to me on the phone yesterday and had received the paperwork
but didn't know quite where the location was because there was no
plans. And I explained very clearly exactly what we were
proposing on the change. So the neighbor closest affected lives
in Denver and they are here during the holidays mostly only a few
days.
Remo: But we don't have a letter or anything.
Charlie: I spoke to my neighbor. She just wanted to understand.
I said I was not infringing on the side yard setback which would
affect her as a neighbor because I plan to build on the property
loft from the property line.
Anne: Read into the record a letter from Harriet A. and Thomas
J. Larkin who live at 1025 Waters Avenue directly across the
street from Patersons. Larkins stated their support of the
granting of this variance. (attached in record)
Remo: That, by the way, was also a garage that we granted a
variance to.
Martin: What is the setback on the property?
Charlie: The front yard is 25ft. That is the problem. Side
yard is now loft. Originally side yard was 5ft. About 3 or 4
years ago it was changed to loft on the side. The hardship is
the 25ft because of the River.
Martin: And you are going 3ft into the loft?
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Several people answered this all at the same time so I couldn't
understand any of them.
Remo then asked for the Building Dept. comments.
Drueding: The requirement the front yard setback is 25ft. I
believe this is a substandard size lot and the Stream Margin
Review--What I am saying is that normally the 25 feet is set at
8, OOOsgft lot. He has something smaller than that.
Remo: Are you saying that because he has a substandard size lot,
we should give him greater consideration?
Drueding: I am just pointing out that this is a substandard lot.
Charlie: I have an even smaller lot because of the river cutting
through the property than anyone else in that neighborhood.
Ron: Prior to the adoption of Ord. 74 whatever number it was
that changed it from a 5ft setback to a loft setback, Charlie
could have put the garage further back on the west side of the
building and without getting any front yard setback. He wouldn't
have needed any side yard setback. It wasn't in existence when
he bought the lot. It was something that happened through no
fault of the owners. That could be a hardship.
Charlie: I would make a point then if the Board has an objection
to this front, perhaps they will grant me the side.
Rick: I know you are going to access that garage into the
present situation.
Charlie: Just the way I show that driveway.
Rick: From the house. You walk outside--you have to go outside
to get to the garage.
Charlie: There is a balcony that goes over the top of this. So
as you walk out it is covered. This is open area on the walls,
closed here and open from here all the way around. So you walk
out here under cover. But this is open to the light and air
right here. This is open so that this window still functions.
There is a gas meter here also that I forgot to mention. That is
also a consideration if we move this. I don't know where we
would put it.
Remo asked if there was any further comment. There was none and
he closed the public portion of the meeting.
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Rick: This is a tough one. I am tending at this point to side
with Remo regarding his remarks about turning the thing around.
I actually prefer that and it would be a much smaller variance
request. There some arguments to the other side. Again, mostly
aesthetic.
The trouble with coming before your own Board, Charlie, as you
know, we are much tougher on you than we probably are anyone
else. Unless I am swayed I am in favor of denying this variance
because I see another way of doing it that you may not really
want but that I feel minimizes the request.
Ron: First of all I think the man came here and up front he
tried to minimize his variance request. It is one of the few
times I have ever seen that happen in front of the Board. Maybe
it is because of Charlie's experience here. I think that there
is a hardship because of the shape and size of the lot. Being in
the lodging business, I can sympathize with the gentleman who
doesn't want to walk out in 3ft of snow to take care of a stopped
up toilet at his lodge.
I think that the variance he is asking for he has minimized 2
ways. One, by moving to where he wanted it originally. Thus
being sensitive to the environment and the landscaping and trees
on the side. And 2, by reducing the size where he has really got
a minimum garage. He has not maximized the size of the garage in
any way where he has given himself extra storage space or
anything else.
I think you mentioned that there is a way of putting it on the
lot that makes it easier for him--probably less expensive for him
and probably makes more sense from a lot of different points of
view. However, in order to put the garage that way he has to
destroy a bunch of trees and landscaping and that he doesn't want
to do.
I go along with that. I think he is using existing driveway.
The impact is minimal. He is asking for a minimal structure.
And he is asking for a minimum variance. I think the change in
the code last year has given him an additional hardship with the
side yard setback. So I would grant the variance.
Rick: I am moved about the argument of removing trees. But you
had planned to do that with scenario on this side so I don't
really find that--these trees can be moved. They don't have to
be destroyed. They can be moved. They are not greater than bin
in diameter.
Ron: They can be moved but will they live? That is the key. By
law he can move them anywhere on this lot. He has chosen not to
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do that although by law he can remove them. He chooses to save
the trees on this lot. If he has to dig them up, I suggest that
many of them will not survive that.
Anne: Especially if they came up naturally. They are on a
runner root.
Ron: And I think that originally he did not understand that and
he realized that and he is coming to us with a new plan that
minimizes the destruction of the flora on his property. And
minimizing the variance request at the same time.
Rick: Let me ask you a question. The only reason he does not
want to use the scenario that Remo has outlined here is because
he has to move a gas meter and he disrupts the entry design that
he has planned?
Ron: No.
Rick: He doesn't want to walk out into the driveway?
Ron: He mentioned those things but that is not the reason I see.
If he puts it the way you want it put in like this then the only
way the driveway can come in is like that. What he doesn't want
to see destroyed is this landscaped entranceway. He is designing
the garage--I don't think that the way you want to put the garage
makes a great deal of sense. I think he would get kicked out of
the architect's union.
I think he is doing it not because there is a meter here so much
as all of this area in here that has to be considered. It will
be disrupted. There is a tree here. I would like to see that
one saved. It is a nice big beautiful Aspen. I am not worried
about the gas meter. I am not worried about the faucet. I am
worried about the entranceway and how he has to swing that
driveway in to access his garage safely. I think he is going to
lose an awful lot trees this other way and I don't want to see
that happen. Especially when the neighbor called and said ' you
have such a beautiful landscape out there. And he won't even be
impacted by it.
Anne: I have to agree with what Ron said. I know that we don't
think a garage is a hardship. I think that the change in the
zoning that minimized that side yard setback has impacted him. I
feel that the shape and the size of the lot has impacted him.
The fact that there is a 25ft front yard setback for R-15 which
normally is a much bigger lot and this is basically a substandard
lot. I can see that as a hardship.
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The fact that this new proposal will minimize the number of trees
and landscaping to be changed. I think that is in favor of the
project. The other thing--historically this street has had a real
problem with traffic and the parking and snow removal. I would
like to see more cars get off the street here. And I think that
this garage is going to help that situation.
I am impressed that the applicant came back to us with a new idea
that minimized the removal of these trees and reduced the
variance requested. I suppose that ultimately he could go with a
carport there -but -then he doesn't have the heated- capabilities
that he needs to be able to get out at night and so I would lean
towards giving the variance.
Martin: I am going to have to agree with Anne and Ron. I think
that they have covered the points that I would have covered. I
think the owner has been fair. He has reconsidered it. He wants
a new entrance. This appears to me a much more presentable front
with the square front garage. I think it has less impact. The
trees--he has already got a compacted driveway. I think it will
be less expensive to him. I would go with Ron and Anne.
Remo: My comments will be to the point. If he doesn't go this
way I think Charlie is going to go this way. I think he should
go this way. And he is going to have a carport there with 3
sides enclosed and the front being open with an 18 inch extension
into the setback. And in effect he is going to have a semi
garage. It is going to protect the car the way he wants to
protect the car.
Getting cars off the street, Anne, this is in fact as you said a
place to park a car. So whether it is here or under a roof is
not getting a car off the street. The car is going to come off
of here anyway. The snow removal will still take place. If he
parks a car onto his property here it is in effect the same thing
as if he had a garage.
Ron: I don't think so. He is increasing the number of off-
street parking spaces because there is no parking area here now.
And there still exists an area for the garage. It is still 2
cars parked off the street. There is a net increase in parking
area off the street.
Remo: My considerations are since he was going to take the trees
off and since we are required to grant a minimum variance that I
am not in favor of granting the variance the way it has been
brought to us.
Drueding: He could build 3 sides.
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Ron: I know.
Remo: Yes. That is what I am saying. With the front open with
an 18 inch extension of the roof.
Ron: So what he is asking for is a garage door.
Rick: So in that context he can build the thing anyway. All we
would give him is a garage door.
Remo: I thought he- was- asking for a variance- of 3ft by- 13ft.
Was he or wasn't' he?
Ron: That is correct.
Remo: So he is not going to get his 3ft.
Ron: He is going to get half of it. In essence what he can
build is a foot and a half less than what he wants and a garage
door.
Remo: Well, no sides. The sides don't come out. Can you put
posts in that 19 inches?
Ron: Sure he can.
Remo: To hold up the overhang.
Drueding: No.
Remo: That is what I am saying. So he can't build in that..
Drueding: No. He can come out here on the side and hang over 18
inches and have no front door.
Remo: And no post holding that for overhang.
Martin: The posts could be back in 3ft.
Remo: They could be anywhere they want. But the thing that goes
into the 18 inches is just the roof.
Rick: So, Remo, what we are fighting over now is that 18 inches
for the garage door.
Remo: . I am not fighting anything.
Rick: He is going to build that thing one way or the other. The
impacts are going to be about the same as if we had granted him
the variance for the garage door.
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Remo: One way we are saying a statement and the other way we are
not.
MOTION
Ron: I make a motion to grant the variance as revised according
to these plans. These become part of the records. And that is a
3ft variance for garage on the west side of the house.
Anne seconded the motion.
Roll call vote.
Rick, yes, Anne, yes, Ron, yes, Martin, yes, Remo, no.
Variance approved.
Meeting was adjourned. Time was 5:05pm.
(�Oee-zj �—/W/
Janice/M- Carney, C 'ty Deputy C1
15
JeDt. 25, 1989
the City of Aspen Board of Adjustment
130 South Galena Street,
Aspen, Colo. 81611
Lear Sir,
We are writing concerning Fonda. Patcrson's request for e
variance on lot 13 Calderwood located &t 1104 Waters Ave.
As immediate neighbors accross the street, we fully ui-derstand
the impact of this variance. Acting on this knowledge we fully
support the prasin6, of this verience request.
owes J La in
,;a et z.,rk
025 Wbters eve.
Aspen, Colo. eL1611