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HomeMy WebLinkAboutminutes.boa.19910912 CITY OF ASPEN BOARD OF AWUSTMENT SEPTEMBER 12, 1991 4:00 P.M. A G E N D A I. MINUTES August 15, 1991 II. CASE #91-6 Dr. & Mrs. Edward Watson D � NOTICE OF PUBLIC HEARING CASE #91-6 DR. & MRS. EDWARD WATSON 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: September 12, 1991 Time: 4:00 p.m. Owner for Variance: Appellant for Variance: Name: Dr. & Mrs. Edward Watson The Ernemann Group Architects Address: 720 East Durant Location or description of property: 121 West Bleeker, Block 58, Part of Lot C, Lot D, Part of Lot E. Variance Requested: Property is located in the R-6 zoning category. On a 6,000sgft lot the setbac s are as follows in Section 5-201(D) (4) and (5) , Aspen Land Use Code. The applicant appears to be asking for a 4961, side yard and a 41619 rear yard setback variance for a new attached garage as well as a 2.51 side yard total and an ill front and rear yard total. 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 lv RECORD OF PROCEEDINGS BOARD OF ADJUSTMENT SEPTEMBER 12, 1991 Chairman Remo Lavagnino called meeting to order at 4: OOpm. Answering roll call were Ron Erickson, Charlie Paterson, Josephine Mann, Rick Head, Anne Austin and Remo Lavagnino. Bill Martin was absent. MINUTES AUGUST 15, 1991 After correction-- Charlie made a motion to approve minutes of August 15, 1991. Ron seconded the motion with all in favor. CASE #91-6 DR. & MRS. EDWARD WATSON Remo read into record request for variance. (attached in record) Affidavits of posting and mailing were presented by applicant. (attached in record) Michael Ernaman, representative for applicant: The Watsons have recently moved here from Florida. They lived here a few years ago and bought this house in the west end. They discovered after being in the house for a short time that parking is very difficult from time to time anywhere around the house. It has created some problems for Dr. Watson in that on occasion he has had to park several blocks away and in the middle of the night when he has been called out for a medical emergency he has had problem getting to his car. The request is to ask for fundamentally a setback variance on 2 sides which are both bordered by public way--by alley and by a modification of the alley which was done evidently to allow the Aspen Hotel to continue back there. There is no other location on the site where they can build a garage. One of the large contributing factors to the problem for the Watsons is that the house itself is surrounded on 3 sides by commercial or institutional uses. Across the street is the public school which that whole side of the street the school yard fence is posted with signs that say "No parking any time. School Bus Zone" . That is where the school buses pick up children that go out to the other campus west of town. Remo: Actually the sign is in the middle of that one section. There were 12 cars parked there where I was today. Michael: There were 3 signs. BAM9. 12 .91 Remo: They are painted out now. There is one in the middle. Michael: That contributes to it. And the Asia Restaurant is across the alley from this property. They are really surrounded on 3 sides. The Aspen Hotel wraps around to the east of them as well as behind them. The Asia Restaurant is behind them. I understand that there is a new employee housing building to be built onto the Asia Restaurant. And then there are just the 3 single family houses on the block in the R-6 zone. So being on the perimeter of commercial or institutional or academic uses as the school would be there is-- we are in a strange zone. It is not as though this were in a zone with all single family houses. I would add that in the CCC-1, and CL zones there are no side or rear yard setbacks. On the end across the alley and both sides of this are uses that are all that fall under those types of zones. They have no setback requirements. Then all of a sudden these 3 houses on the block do have setback requirements. We do have the problem of snow also. That it is on the north side of the street and for whatever reason the City plows the snow up onto that side of the street and it doesn't get any sun on it. So that side of the street in the winter is extremely difficult to park on. We have 5 and 6ft snow piles usually built up right adjacent to the curb. The Land Use Code I might add requires that this combined depths of front and rear yard and side yards and the conditions that currently exist are the conditions that are a century old with that house. The house itself is quite old and it' s location with respect to property lines is what was there and it does not conform. What we are asking for would increase the non- conformances. There is no question about that. But it already is non-conforming. In the neighborhood it is rather common that garages enter off the alleys. They exist all up and down Bleeker and Francis and Hallam, etc. And in fact on that block of the 3 single family houses the house on the corner has a garage which sits right on the alley. So what we--are -asking for is not_ incon-sistent with the pattern in the general area. Anne: Is the corner house garage sitting right on the alley? Michael: It looks to be very close. That garage, by the way, is not used as a garage. It is used as living space. The point being that their cars are also on the street. 2 BAM9. 12 .91 Remo: It doesn't mean that this property wouldn't be utilized that way. Watsons can sell the property and the new owners can do exactly what the others are doing. We can't go by that argument. Mrs. Watson: About 3 : 30 in the afternoon there are several buses- -even the highschool that come and drop off right across the street from me where those signs were posted. People come and they park to pick up their children and always right in front of my yard. Even in front of my mailbox there is a car parked there. The weather as far as all the snow going up on my side even opening up the doors sometime -on the passenger- side is difficult because the snow is so high there. Often late in the evenings my husband is called out and this is really a problem especially in the middle of the winter. I have small children so I am always hauling them around and it would be nice to have a garage to be out of the snow. Anne: How do you propose entering this garage? Michael: That has not been determined. However if anyone were to suggest to us what would be preferred, should this variance be granted, we would certainly respond favorably to that. If I were to make the decision, I would enter from the side yard. For 2 reasons. The right of way. The negative to it is that on entering from the alley is south facing and we would have better solar melting of snow against the garage which I would like to have. But I think entering from the side from the east--#1 it allows us to carry the roofline of the existing little play house across and have a gable end facing the east side so we don't have snow being shed off the garage roof in front of the garage doors. #2 , there is an electric and a phone box in the alley right in the front. My sense of that is the cost and having the headaches of it probably more than we would like to add onto the burden already. We wouldn't have that problem if we entered from the east. This- is a 2 car- garage. It is 22 x 22--very tight. - Determined by what is left on the lot it is the smallest garage that we can place there and get 2 vehicles in it. The height would be consistent with the playhouse because it would be an extension of that building. It is a one-story and the gable roof starts. There might be a loft up there that is used for storage. But it is a one story building. Remo: Who plows the alley? Michael: I don't know. 3 BAM9. 12 .91 Remo: What assurance do you have that the snow will not be an encumbrance to the garage? One of the arguments here is that there is always snow out on the street. And here you have an alley that if it is not plowed--if the snow is plowed up against the garage then you have the same kind of problem as you have on the street. Mrs. Watson: I am not sure but the Hotel Aspen parking lot right there is where I would like to have the opening. Remo: I was going to mention that that parking is not a restricted parking either. There are no signs there that restrict you people from parking there. It just says "Angle Parking Only" . Michael: There are signs at the street on 2 uprights that say "Hotel Guests Only" . And on the driveway that enters--when you are heading south off of Bleeker going into the area. Anne: As far as the playhouse--was that done at the same time as the original? Michael: I don't believe so. And it has been changed so many times that-- Ron: What is it now? Michael: It is a playhouse. It is one-story with a little attic. There is a spiral stairway that goes up into it. It is a one- story building. It doesn't have the same character as the main house. Anne: Does it have plumbing in it? Someone answered yes. Anne: So it is a cottage if somebody lives there. Rick: It would qualify for the cottage infill program. Anne: I was curious if that is something that could be used as a garage. It is obviously square footage for the house. I am trying to look at different options rather than coming in with a new building. Mrs. Watson: It is a den right now. A TV room. My children have some exercise equipment in there and my husband's desk is in there. Remo: One of the arguments here is "The proposed garage would not increase this non-conformity. This non-conformity meaning the combined depths of the existing front and rear yards" . 4 BAM9. 12 .91 Actually it would increase the extent of the non-conformity. Michael: The 1804 would not change. Remo: It would increase the extent of the non-conformity. Michael: The 1804 would not change. That number would remain the same. Remo: But in effect you are increasing the extent of the non- conformity. And that is not good. Michael: There is more than 1804. Actually it would be 19 in this case because we are holding back 6 inches from the alley. From the property line. Josephine: Are you aware that the move occurs at the end of this month for the elementary school going out to the new building. That move occurs September 30, October 1, 2 , 3 and 4 . The bus situation is going to be different. The parent pick-up is going to be different. I don't know about the uses that are going to be made of the building. The Early Learning Center--but it is going to be used less. I would foresee that there might be a lot of changes in that whole area. Rick: Michael, have you researched the Cottage Infill Program. There is a program right now where you could accomplish this 2- car garage and build up to a 750sgft house above it. In other words the money it is going to cost you to build this garage could probably be as well spent turning the existing carriage house into a garage and an entirely new dwelling unit above where the existing unit is and kept right on the back property line. Remo: It would probably still require a variance. Rick: No. This is an historic house so it certainly qualifies under the HPC guidelines. Remo: You are still expanding a non-conforming use. Rick: That is correct but there are provisions under the Cottage Infill Program that will allow you to build on setbacks and give you a bonus FAR. Michael: I have reviewed this with Roxanne. And this house is not designated. It has high marks. It has got a rating but it is not a historically designated structure. After talking to her she said we would be a lot better off trying to pursue this this way. That is why we are here. 5 BAM9 . 12 . 91 Rick: I think what everybody is going to suggest here on the Board is that the 2-car garage is something that is a convenience to you although the good doctor needs a garage for his car. He can get a way and build within the setbacks a 1-car garage and accomplish the goals that you have enumerated here. What I am suggesting is probably for the same amount of money you could reconstruct this dwelling that is sitting here now with a 2- car garage below and get a bonus of 500sgft for an additional dwelling unit in there that could be used as an office or an additional whatever. Anne: It doesn't have to be rented out? Rick: If you do rent it out it has to go through the guidelines of the housing authority. or it can be left vacant. There are ways of accomplishing your goals here without us having to give you a variance which I doubt this Board is prepared to do. Michael: By using the 1 and 1/2 story wood frame playhouse as a garage with a dwelling unit on top, you say up to 750sgft, that now pushes that back to a point where it is quite close to the other house. We are building a 2-story wall of building mass. Rick: Which is presently there now. Michael: No. Absolutely not. Rick: You would be pushing it back another loft or so from the existing dwelling unit but you will also gain this yard that you are now trying to close in with this garage proposal now. You are going to have a complete wall with this scenario where with this one you can minimize half of the amount of space that you would have taken up on the lot. Michael: Your argument is well taken. However the organization of the spaces within the house really don't work very well if we close that and put a 2-story mass facing the mountain on the south side where the existing playhouse is. I get your point. I would love to do that. The point is at the upper level the master bedroom sits directly north of the playhouse. If you put a 2- story mass in front of it we have got a master bedroom with loft outside and there is the wall. Rick: A roof line. A slanted roof line. Michael: Then where to put a living space above that? Rick: Could you live with a 1-car garage? 6 BAM9 . 12 .91 Mrs. Watson: I could live with it. I would rather have a 2 car. How about 1-car with a carport? Michael: That requires the same setback. Charlie: I think we ought to consider what is being asked for at this point. Remo: Since your primary concern is the doctor and getting out, I could see a 1-car garage there without--the other aspect of it becomes a convenience for you. In the doctor's case it is a consideration that we have never been approached in that way. And emergencies do come up. Now you are talking about the safety and welfare of other people and it is a consideration I think the Board might find favorably. One of my problems is the safety of that corner. The location of the garage on the corner of the alley and the ROW. It increases the danger to exiting vehicles from that garage and also vehicles using that alley because there is a blind spot. If this were in the middle of the alley you could look both ways and see cars approaching in either direction. The way it is now you exit that or even try to get in or back in or whatever way you want to do it, you are going to have a problem there of some kind of danger. If you put a 1-car garage in there and half this thing and keep it away from the corner and attach it to the playhouse you might even be able to put it back closer to that planter and actually stay within the guidelines of the rear yard setback. And unless we were presented with arguments that would show hardship or practical difficulty in placing it back there I think that you can get by with this without having to ask for a variance at all. The only thing where you might require a variance is that there is a loft separation between the main house and the building there. Michael: That is the Building Dept issue and not a zoning issue. The other problem we have there is of light and air. We are really pushing right up against what is the kitchen. Remo: I understand that too. But it is something to explore anyway. Maybe it is putting the entrance on the ROW of the alley and leaving it where it is and just cutting it in half so that your entry is from the ROW. If I put a line down the middle of this and keep it away from the corner you still have the same footprint that you have and you have gotten the corner clear. I think that corner being clear so that you could look over the fence and possibly see some cars and not have this mass there. Michael: You can't see around this. 7 BAM9. 12.91 Anne: You can't see around that anyway. You make it sound like people are going to be going fast in there. Remo: The other argument is that you said that the other zones don't require a setback. But in actuality they have a huge setback. Asia has one that parks double cars back there right now. Michael: The hotel is right on the property line. Remo: I am talking about Main Street now. Michael: The hotel is right on the property line. Then there is a gap which is going to be filled in with employee housing for Asia Restaurant. That is going to be filled in with employee housing. Anne: And where are they going to park? Rick: Just because they have a different use than yours, that occurs all the way down Main Street through every house that is on Bleeker Street. We all have to live with that because we chose to buy in that area. The point I was going to raise about accessing the garage from this ROW is that you now have this garage countered against your allowable FAR. The only time you get 500sgft garage exempt is if you have alley access. Michael: I believe we are OK on FAR. Rick: I know you are but you still have quite a bit of FAR left on the house that you may want to use some day in the future and if you have access from this side, now that is included as the total FAR. It is added to the FAR allowable in the rest of the house. It has to have access from the alley. Remo asked for public comment. There was none and he closed the public portion of the meeting. Bill: I feel that granting a single garage is within our purview. I do not agree with giving the permission for 2 . I think he has other alternatives. He can take part of the playhouse if he wants to include that to avoid the setback. He has the choice that was suggested on the Cottage Infill Program. So I think 1 garage is all that I would approve. Josephine: I would consider this a request for a very large variance. I would have to go along with this idea that we could perhaps do something about having a 1-car garage. As far as the hardships that you mentioned here, of course the first one is 8 BAM9 . 12 .91 parking. And I can well imagine that that has been difficult. But I do see that situation changing. We are not quite sure how much or how but it is changing. The snow problem on that side of Bleeker St I would agree that is a terrible problem. But I really think that could be worked upon. As the changes occur in that neighborhood the City needs to change their ways of doing with that snow over there. So I would not be willing to grant a variance as it is requested here. I would consider a 1 car garage. Charlie: I think that they have a legitimate hardship insomuch as this gentleman being a doctor. But I agree with what has been said so far. We are charged with granting the minimum variance. And there are other ways for this to be handled. I would be in favor of a 1-car garage if we have to grant something. But if somebody goes in here and does a generous 1 car garage they can do that without a variance. The only variance that we are probably going to be asked, if we are, that this is an addition to a non- conforming building because of this frame playhouse. Remo: I don't think it is an addition. You are calling it an addition rather than a separate structure. Charlie: The reason why we would be asked for a variance is because this is a non-conforming building. This is an addition to a non-conforming building. They have to come before us. Remo: Even though it is separated they have to come before us. Charlie: So I am in favor of a 1-car garage. Rick: I think there are other alternatives that could be pursued that would accomplish their needs. Anne: I agree with most points that have been said. I think the playhouse--there are some options there with using that space or make a 1-car garage. I would be in favor of that. I do see a hardship for now. Unfortunately it is hard to control what happens down the road with this house because we have seen situations where people get something and then they sell it. I suppose there is always the possibility of doing a deed restriction on the garage so it could never be converted for living space down the road. Remo: I don't know that we can do that. Anne: We have done deed restrictions before. Remo: Not on that kind of use I don't think. 9 BAM9. 12 .91 Anne: I can see something done with that playhouse. I would rather see that and then I would be in favor or looking at a single car garage. I would rather see another alternative than what was presented to us. I think we should turn this down and then have them come back with a proposal for a 1-car garage and have us review that. Ron: I agree to reject this request. I think there are other alternatives. Remo: I agree with Jo Mann in that they are really enjoying a property right that would not be allowed with current zoning with this wood frame playhouse. They could maybe get it now as Cottage Infill but at one time this would have been not allowed. And to just put the garage I think exacerbates that problem. One of the things that I think Anne mentioned that might be a good thing to table this in that if he does come in from the ROW and a 1-car garage. It seems to me that he is going to have some dead space in that corner maybe underutilized or just not utilized at all in his favor. And so he may want to put it on the other side from the alley and then you will have access to the corner so it may be something that he wants to look at. Therefore I would agree with you. So maybe if we turn this down and he came back to us with another proposal for the 1-car garage we could better review it properly and come to a better and more informed decision. It is also my feeling that there is a possibility that he could move this closer to the house and get a minimum variance. Michael: I appreciate all of the good ideas that have been forwarded. Some of them are meaningful. My thought is that I think one would have to go into the rear yard and imagine a 2- story wall 10 feet away from a sun room which is what exists now directly opposite of the playhouse. That is why the Infill situation is troublesome for us in trying to put a 2 story mass closer than we are away from each other right now. It just isn't very comfortable. What does occur to me is that if we could ask for a variance on either the rear or the side and not both so that the corner is clear which I think makes a very legitimate concern. And either do a 1-car garage opening on the alley in that space but then being allowed to penetrate into the setback adjacent to the alley. You are right. We are extending the amount that we are into the setback. I don't think that is an issue whether it is 1 or 2 . So if they want to give up a portion of the playhouse to enable--it is their tradeoff--it is not my call, to accommodate another vehicle. That is more important than the space that is in the playhouse. We 10 BAM9. 12 .91 would not be asking for more. We would be consuming part of the space that they already have. But we would keep this distance between the 1 and 1/2 story wood frame playhouse and the what is the south side of the main house to allow light in there. I was also looking at, for example, going over to the other side where the wood deck and the hot tub is and trying to do something there. Anne: Isn't that wood deck encroaching? I don't think that was built before the zoning. I would be in favor of giving a setback variance on the alley to a certain extent. But definitely not on both sides. Minimal variance. Remo: We are talking about loft as a criteria away from the house as a minimal. Back the garage loft away from the main house as a starting point. Ron: I would suggest one thing that might be helpful is that things like light and air, viewplain, bulk and everything else that come into this argument. It is really difficult for me to perceive bulk and light and air on a flat 2 dimensional type of a drawing. Remo: I think we should go by minimal variance. That is our criteria and if you can stay loft away as the first criteria I think would look favorable on it. Most would look favorably on a 1-car garage. Then you can assume that maybe trading lift by 22ft of the existing where you have the garage now and add whatever you want towards the playhouse I think that is fine because that setback is already existing and we don't really care what use you put it to. MOTION Rick: I move to table Case #91-6 to Thursday the 19th of September, 1991 at 4 : OOpm. Ron seconded the motion with all in favor. MOTION Rick: I move to adjourn this meeting. Ann seconded the motion with all in favor. Time was 4:58pm. Janice M. Carn y, City D uty Clerk 11 AFFIDAVIT OF NOTICE BY POSTING OF A County of Pitkin } VARIANCE HEARING BEFORE THE CITY OF } ss. 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: - 1 I, MIaA P��il. �/• � •NrM� , 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 th�e� said sign was posted and visible continuously from the 2. day of �( . 19 _, to the �q.4:J41 day of (Must be posted for at least ten (10) full days before the hearing date) . �pplicantls Signature Subscribed and sworn to bef=ore me this �z day of 19�'�, by Af 16e4A L ( WITNESS MY HAND AND OFFICIAL SEAL. 9 I i My Commission expires: /c 2 Notary lies, Sigrfature Address f EDWARD R. WATSON, M.D., F.A.C.O.G. DIPLObIAT, AMERICAN BOARD OF OBSTETRICS AND GYNECOLOGY FELLOW, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS POST OFFICE BOX F-3 ASPEN,COLORADO 81612 (303)920-4521 C� C-9 1 C� � - � � F c � o6 to mo