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HomeMy WebLinkAboutminutes.boa.19910131 CITY OF ASPEN BOARD OF ADJUSTMENT JANUARY 31, 1991 CITY COUNCIL CHAMBERS 4. 00 P.M. A G E N D A I. MINUTES August 23, 1990 II. CASE #91-1 Shane McClain III. ELECTION OF OFFICERS NOTICE OF PUBLIC HEARING CASE #91-1 SHANE MCCLAIN BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT 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, Colorado, (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, you are urged to state your 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. Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: January 31, 1991 Time: 4:00 p.m. Owner for Variance: Appellant for Variance: Name: Shane McClain Shane McClain Address: 1108 Waters Avenue Location or description of property: 1108 Waters Avenue, Calderwood, Lot #11 Variance Requested: Property is located in the R-15 zoning category. Sec 5-202 (D)4,8, Aspen Land Use Regulations require a 30ft front yard for accessory buildings; loft distance between buildings Sec 5-202 E Parking--1 space per bedroom. Applicant appears to be requesting #1, a 17ft front yard variance 12, loft minimum distance between buildings and #3, relief of 2 parking places on site. Will applicant be represented by counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk �V RECORD OF PROCEEDINGS BOARD OF ADJUSTMENT JANUARY 31. 1991 Josephine Mann called meeting to order at 4: OOpm. Answering roll call were Bill Martin, Ron Erickson, Anne Austin and Josephine Mann. Charlie Paterson was late and Rick Head and Remo Lavagnino were excused. MINUTES AUGUST 23, 1990 & MAY 3, 1990 Ron made a motion to approve the minutes of August 23 , 1990. Anne seconded the motion with all in favor. Ron made a motion to approve minutes of May 3, 1990. Anne seconded the motion with all in favor. CASE #91-1 SHANE MCCLAIN Josephine read request for variance. (Attached in record) Affidavit and picture of were presented. (Attached in record) Ron read into the record a letter from Georgeanne Hayes, a close neighbor, stating her support of this project. (Attached in record) Bill read into the record a letter from Thomas J. Larkin, a close neighbor, stating his support of this project. (Attached in record) Shane McClain: Presented own reasons for requesting this variance. (Attached in record) Charlie arrived and asked not to vote on this case because of a possible conflict of interest. Rick McClain: What we are asking for is a 25 X 25 foot garage and a covered walkway. A walkway that goes from the door of the garage to the entrance of the house. It is not an enclosed walkway. It is just covered to alleviate the snow. The configuration of the way the house is located on the lot dictates that you cannot physically now with the way it is existing can you attach a garage to the house. It would be into the forward setbacks no matter what we do. We are within the side setbacks. But the front setback is impossible to put the garage where it doesn't impede on the front setback. So therefore we are asking for a variance of 17ft. BAM1. 31. 91 We have put the garage the legal loft back as far as it can go to stay within it's loft distance between the two. We are trying to put in a garage so Mom can get in and out of her car and keep the stairs and everything else away from the snow and ice. So this is just a covered walkway. What I understand from Bill also is a variance needs to be granted for that because you need free and clear from sky to ground that there can be nothing between those 2 structures. The whole purpose of this is to get her in and out of the garage without having to worry about ice and snow. That is why we are asking for a variance for that loft section. - We are also asking--this is a 4 bedroom house and the code states that you have to have a parking space for each bedroom. We are asking for a 2 car garage so we are asking for relief from 2 of those parking spaces. The only way we could put 2 more parking spaces into the lot would be to cut down a lot of trees. our whole notion with this is with this structure if we can financially do it, we would like to sink the structure 2 or 3ft into the ground. The outside walls are about 6ft. We would like to sink it into the ground and make it as the least impact on the area as we possibly can. We are going to Cedar-side it with natural siding the same as the house is. I believe with landscaping which we also plan to do, we can really make this thing very low impact. I think we can minimize it with how we--I am very aware--all of us are very aware of an impact of a building in the neighborhood. In essence the parking scheme of this neighborhood--there is a gravel parking which is on City property but which has been, ever since we have owned the house and prior to that there has always been more people park their cars. There are several of those type of parking areas. We are asking for relief of 2 . But in reality we are taking 2 cars off the City streets. But legally we have to have 4--we don't have any parking spots on the property now. So it is kind of convoluted but we are actually doing good in terms of the parking spaces. From a variance standpoint we are asking for relief of 2 parking spaces because it is a 4-bedroom house. The hardship is in order to put these cars onto the lot would be a much higher impact. We would have to cut down trees. There are Aspen trees in there which we don't want to cut down. 2 BAM1. 31. 91 Josephine: One of our requirements is that if we do grant a variance it needs to be a minimum variance. It needs to be as small as possible. Rick: In terms of the minimum variance we have stayed within the side setbacks. We have pushed this garage within the loft constraints of that as legal. We have pushed the garage as close to the house as possible. We can't go any further than that. Anne: But the other option is it could be attached to the house and then you don't have to have loft. Rick: The configuration of the house if you look at the plans there is no--from a design standpoint I don't know how you would connect a garage because you have got the house sitting at this angle. There is not a square to come to. You can't put it on the end of this 15ft 3 inch by loft. That room right there, You can't attach it to there. You will run into the loft setback. If you bring it all the way back the corner of the house, it would create a design space that just doesn't make any sense. To connect it to the house it would be a design madness. Pete: We ran into the same situation as Tom Larkin ran into when you granted the variance for his garage across the street. There wasn't any way to do the house configuration on where it sat onto the lot. There wasn't any way to attach the garage to his either. Anne: I made a point of looking at the Larkin garage today when I went by. We granted that for the use of a garage and it is not being used as a garage. I don't know whether it is a studio or what but the snow is piled up in front of it. There is no door even on that side. There are windows and doors on the other side. So I don't think it is being used for the reason that we granted a variance. And that is my big concern with all these requests. A garage is not a right and so there are a lot of properties that don't have garages. If we are going to give a variance for a garage it has to be really a minimal amount. More than- half of this garage is over the setback so I need to have something more convincing to show me that this needs to be here. Bill: Can the garage be placed any closer to the house? And not be connected. Rick: If you give a variance of the loft minimum requirement, yes. It could be moved back some. But then you would have to grant that, that we could do that. 3 BAM1. 31. 91 Ron: Under the FAR in the code 500sgft is the allowable square footage for a garage. This is more than 500sgft. Rick: Right. So it will cut into our FAR. Ron: So you are not at maximum FAR now? Rick: No. It is an R-15 lot. Ron: So by right it is an R-15 lot regardless of its size. They can build a minimum size house in there? Rick: The total allowable is 3 ,409. Drueding: Did you subtract the land under water? Rick: Yes. All of that has been done and we are well under our FAR for this property. Ron: The point is you are asking for a garage. I am not trying to deny you any floor area that you are allowed to have. But when you put it in the garage and then you ask for a variance if you took that square footage out and gave us a 500sgft garage instead of a 625sgft garage, that 125sgft can come out some place and I think it is 20X25 or 22X22 . So right there you reduce your request for a variance by 3ft from 17 to 14 . So there is a start we can see. If you are under your FAR, sure, build it any way you want. Rick: A reasonable 2 car garage that you don't have to open the door and wipe out the car next to you or the wall next to you. Where it makes sense as a garage-- Ron: However in this situation, you are asking to use land for something that you don't really don't have a right to use it for. And I don't think you have a right to ask for elbow room as well as a variance. Rick: We are amenable to dropping the size of this thing. AND we are going to use it as a garage. This is a garage. Anne: Our problem is we have no control over that. We have no control over the fact that if we give you the garage for whatever reason, you are not in a year going to turn around and sell it and then that reason no longer exists. Rick: The other thing is that this Board also has to analyze is that Shane has lived in this town for 23 years. I went to high school in this town. We plan to live in this town. We have lived here a long time. She has lived in the house for 18 years. We are not living in this town to speculate on real estate. 4 BAM1. 31. 91 Pete: The other part of it is it would seem to me that you ought to judge this variance based on our request and not on what might happen 2 years from now. None of us have control on that. Ron: That is not what Anne is implying. I think what Anne is implying is that when we grant a variance, it has to be one that we feel comfortable with because once we have granted it we lose complete control over it and you can do whatever you want. We have had a lot of cases come back to haunt us. We want you as an applicant to understand that by granting you a variance you are granted a right that is translatable into money if and when the property is sold and we have to temper that. Rick: What we would like to do is we would like to sink this 2 or 3 feet which would be a wall height so that from across the street it would look down and off the road. If we could sink it 3ft which means that the wall would be 3ft on the right hand side. Then there is a bit of a berm on the left hand side so it could be like a 2ft wall on Harlan' s side. Josephine: However there is a ditch shown here running through. Rick: We will have to deal with that ditch. Anne: My other concern as far as the river goes, if you go down 2 or 3ft are you not going to hit any water table? Rick: No. Anne: Is there a basement in this house? Pete: A crawl space and then it is a split level. Anne: I would rather see the garage attached to the house and would be a minimum variance. Ron: I have a problem that way, too. Anne: I just see too much of this garage encroaching out of the setback. What I would like to see the applicants do is try to come back with a new idea of where it is set back at an angle maybe and fits up or joins the house. The reason for this is for Shane's access. In the winter it seems it would be better if that garage was attached to the house. Pete: I don't know how you are going to attach it. There is 2 levels right there. 5 BAM1. 31. 91 Rick: From a rational standpoint to attach a garage when you have got 3 jogs--when it is cut this way and that, etc. and to try to jam a garage up to it-- Ron: We can't make that decision. We have not gotten elevations on your existing house, or interior floor plans. That might help. Josephine: What about the idea of allowing less than loft between buildings. Accommodation of that and a smaller size garage, does that-- Anne: The reason for the loft space is for fire. And I don't think we are gaining anything here by keeping 10ft apart because if a fire engine were to come in they are going to have to work either side of this building. Drueding: The definition of setback is "Open from the ground to the sky" . That is pure and simple. We use fire. We use sight. We use a lot of things but it is basically open from the ground to the sky. We want open air all the way to the sky. For any building. Ron: So they need a variance for the covering. Or they have to attach it. Drueding: That is why he is asking for the 10ft variance to put that walkway across there. Anne: So that is another variance. Ron: If that building was pushed straight back and it just touched the roofline at one spot, it becomes an attached building, doesn't it? Drueding: No. The common wall has to be one hour construction or fire construction. It cannot be attached by just a little cubicle thing. Ron: By moving this building back what you have done is in attaching it you don't need a variance for the walkway. I think it is safer for your Mother and then you don't need a front yard setback. Or if you do, it is 2 feet instead of 17. And there is a minimum variance we can grant you. My problem is having this stick out there all by itself with open space around it which is not really open space. It doesn't really count. And I could not at this point in time grant this type of variance. 6 BAM1. 31. 91 After further discussion regarding placement of the garage and the Board learning of remodeling of the house-- Anne: I am in favor of your bringing this back. There has got to be a way of designing this so that this can come back here. Ron: Your argument would be a lot stronger if you say "I am leaving this house completely by itself the way it is. All I want to do is add a garage. " That is not your case. You have a lot of construction changes here. Josephine: I would like the applicant to hear the 4 of us give our positions on the variance requested and then take that information home with you and work with it and decide what you want to do next. We can table this hearing to a date certain and you could come back and tell us what your plans are at that time. But you will have the basis for our decision knowing how we feel right now. Josephine asked if there were any comments from the public. There were none and she closed the public portion of the meeting. Ron: I think I have expressed my feelings on this. I think it would make it much easier for the applicant and everyone else concerned and we wouldn't need any variances or minimal variances if they would look at a change in design in the house. Bill: I feel the same. I feel that when I went out there to look at it my question was why can't we put it to fit onto the house. I think the issue is how much variance is this Board willing to give you when we are set by law. If 30ft is the setback, would it not be better for this Board to grant a 5ft setback than a 17ft setback. That, to me, is really the bottom issue. If you cannot possibly attach it I think we need to be shown more detail why it is impossible. I also feel that we don't see what the building is going to look like in the future. Anne: I agree with the comments that Ron and Bill have made. This is not a minimum. That is what I would like to grant. I would like to see them come back with a new plan for us to look at. I think that something could be incorporated with this addition. It might cost a little bit more but I think something could be done to bring this garage back. Bill: I would like to add that I certainly think you are entitled to a garage on a 15, 000ft lot. Anne: I don't agree with that. There are a lot of houses without garages. I would like to give Shane a garage because she certainly does have a valid reason for her needs and her longevity in town 7 BAM1. 31.91 and the fact that she is planning to stay here. If it is a 1-car garage then maybe that is what it is going to be. I also agree with Ron's comment earlier. I don't have a problem with waiving that 2-car space out here on the straight because there is still from where the asphalt is clear back here on the edge of this plan, there is still room to pull in 2 more cars even in front of the garage if they need to park cars off the streets. So if we can find a workable way for this garage to fit back into the property then I would be willing to grant the other variance. Josephine: I would not be willing to grant the variance as it is stated now. I would want it to be asking for a smaller amount. This is too big for us to feel at all comfortable about. I do like the idea of having 2 cars off the street. And I do like the idea of you having a garage. Garages are wonderful especially in January in Aspen. But it is not a necessity and we have battled with that many and many a time. I am interested in you taking what you have learned today and seeing what you can come up with and let's all work at it again. Rick: I am amenable to all of that. MOTION Ron: I move that we table and continue this hearing, case #91-1, to date certain of February 28, 1991 at 4 : OOpm. Bill seconded the motion with all in favor. ELECTION OF OFFICERS Ron: I move that we keep the same officers for one more year. Anne seconded the motion with all in favor. Charlie made a motion to adjourn meeting. Bill seconded the motion with all in favor. Time was 4 : 58pm. / r Jan' a Carney, ty eputy Cl k 4 8 NOTICE OF PUBLIC HEARING CASE #91-1 SHANE MCCLAIN BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT 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, Colorado, (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, you are urged to state your 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. Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: January 31, 1991 Time: 4:00 p.m. Owner for Variance: Appellant for Variance: Name: Shane McClain Shane McClain Address: 1108 Waters Avenue Location or description of„property: 1108 Waters Avenue, Calderwood, Lot #11 Variance Requested: Property is located in the R-15 zoning category. Sec 5-202(D)4,8, Aspen Land Use Regulations require a 30ft front yard for accessory buildings; loft distance between buildings Sec 5-202 E Parking--1 space per bedroom. Applicant appears to be requesting #1, a 17ft front yard variance #2, loft minimum distance between buildings and #3, relief of 2 parking places on site. Will applicant be represented by counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk City of Aspen Board of Adjustment Development Application Date: January 15,199. Case # Applicant: Shane McClain. Phone: (303) 925-7347. Mailing Address: 1 108 Waters Avenue, Aspen Colorado 8 161 1 owner: Shane McClain. Phone: 925-7347. Mailing Address: 1 108 Waters Avenue, Aspen Colorado 8 161 1 Location of Property: 1108 Waters Avenue, Caulderwood Subdivision, Lot * 1 1 . Will you be represented by council? Yes No Below, describe clearly the proposed variance, including all dimensions and justification for the variance. The building permit application and any other information you feel is pertinent should accompany this application, and will be made part of this case. : The applicant respectfully requests a variance for the building of a garage and walkway on her property. With her advancing age and the atrophying condition of her right leg ( due to polio paralysis in her youth), she finds it increasingly more dificult to get to and from her car in the severe winter conditions found in this area. it is therefore her wish to build a garage and covered walkway to alleviate these hazards. Given the shape of the applicants lot, the only possible access by a vehicle to this proposed garage, is from Waters Ave. to the west. The most reasonable placement of the proposed garage falls within the side setbacks, but impedes into the front setback. The applicant therefore requests a variance for relief of the front setback. C Applicant's Signature NOTICE OF PUBLIC HEARING CASE #91-1 SHANE MCCLAIN BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT 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, Colorado, (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, you are urged to state your 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. Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: January 31, 1991 Time: 4:00 p.m. Owner for Variance: Appellant for Variance: Name: Shane McClain Shane McClain Address: 1108 Waters Avenue Location or description of property: 1108 Waters Avenue, Calderwood, Lot #11 Variance Requested: Property is located in the R-15 zoning category. Sec 5-202(D)4,8, Aspen Land Use Regulations require a 30ft front yard for accessory buildings; loft distance between buildings Sec 5-202 E Parking--1 space per bedroom. Applicant appears to be requesting 11, a 17ft front yard variance #2, loft minimum distance between buildings and #3, relief of 2 parking places on site. Will applicant be represented by counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk City of Aspen Board of Adjustment Development Application Date: January 15,199. Case # Applicant: Shane McClain. Phone: (303) 925-7347. Mailing Address: 1 108 Waters Avenue, Aspen Colorado 8161 1 owner: Shane McClain. Phone: 925-7347. Mailing Address: 1 108 Waters Avenue, Aspen Colorado 8161 1 Location of Property: 1 108 Waters Avenue, Caulderwood Subdivision, Lot X11. Will you be represented by council? Yes No +L. Below, describe clearly the proposed variance, including all dimensions and justification for the variance. The building permit application and any other information you feel is pertinent should accompany this application, and will be made part of this case. : The applicant respectfully requests a variance for the building of a garage and walkway on her property. With her advancing age and the atrophying condition of her right leg ( due to polio paralysis in her youth), she finds it increasingly more dificult to get to and from her car in the severe winter conditions found in this area. It is therefore her wish to build a garage and covered walkway to alleviate these hazards. Given the shape of the applicants lot, the only possible access by a vehicle to this proposed garage, is from Waters Ave. to the west. The most reasonable placement of the proposed garage falls within the side setbacks, but impedes into the front setback. The applicant therefore requests a variance for relief of the front setback. Applicant's Signature F i r-:7::t N a:m vE- ,'E a.st 'Stine! 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ASPEN BOARD OF ADJUSTMENT (Pursuant State of Colorado } to Section 6-205(E) (b) of the Muni- cipal Code) The undersigned, being first duly sworn, deposes and says as follows: I ���� ���'� being or representing an Applicant before the Pitkin County Board of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the 2, 6- day of JA"4 UAz , 19 11 , to the J j5f day of JA")"ArZ 19 �+ (Must be posted for at least ten (10) full days before the hearing date) . Applicant' Signature Subscribed and sworn to before me this � y day of GA-C-i , 19 by �Ya (Attach photograph here) WITNESS MY HAND AND OFFICIAL SEAL. r My Commission expires: - l n _. fry yn Nota Publi-61c. Signat e Address a�cju - aa anPw ��IGvze, rrk � aiurg7� PIP" -7� 7 �#�" - ' J9alT .may . /o z A 9�� 1025 Waters Avenue Aspen, Colorado January 28, 1991 Mr. Remo Lavagnini, Chairman The City of Aspen Board of Adjustment 30 South Galena Street Aspen, Colorado 81611 Dear Mr. Lavagnino: As a close neighbor and interested citizen, I have examined Shane McClaine's property and its relationship to the neighbor- hood. It is my considered belief that allowing her request for a variance would in no way disrupt the aesthetic quality of the street. With this in mind, I do strongly support Shane McClaine's variance request and hope you, the board, will agree with me. Sincerely yo rs, "`fihomas J. La kin � v k 1��• y `i►4 i• t �y I �Y.?.. y����• �. S