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HomeMy WebLinkAboutagenda.boa.19961024AGENDA ASPEN BOARD OF ADJUSTMENT COMMISSION Regular Meeting Thursday October 24, 1996 4:00pm City Council Meeting Room, City Hall I. ROLL CALL II. MINUTES III. COMMENTS A. Commissioners Comments B. Staff Comments C. Public Comments (not concerning items on the Agenda) IV. PUBLIC HEARINGS A. Case #96-10 714 South ena Street, Aspen, CO 81611 Michael Johns - Myriad Investments � (Robert D. Fritsch - Yampha Builders, Inc.) B. Case # 96-02 (Withdrawn) 616 South Galena Street, Aspen, CO 81611 Gregory & Patricia Kirianoff C. Case #96-11 _ 1001 East Hyman, Aspen, CO 81611 PAt� Mark & Christin Tache Al Beyer - Architect) VI. ADJOURN MEMORANDUM TO: Board of Adjustment ' THRU: Stan Clauson, Community Development Director FROM: Sara Thomas, Zoning Officer RE: Mark and Christin Tache, 1001 East Hyman Avenue Represented by Al Beyer DATE: October 16, 1996 SUMMARY: The applicant requests variances from the following dimensional requirements: a) 2'2" side yard setback variance to maintain the current non- conformity of the existing structure b) 67" side yard setback variance to add a covered front porch c) 10' front yard setback variance to allow excavation for the entrance -to a proposed ADU d) A variance from the parking requirement for 2 on -site parking spaces, allowing 1 on -site space and 1 off -site space The property is located on a corner lot in the R-MF zone district and contains 3000 square feet of lot area, making the lot non -conforming in regards to minimum lot size. The required minimum lot size is 6000 square feet. The existing structure is non -conforming in regards to the required setbacks. The required setbacks in the R-MF zone corner lot are: Front Yard -10' Rear Yard -10' Side Yard - 5' minimum with 10' total The Land Use Code states that for properties located on a corner lot, the owner shall have a choice as to which yard shall be considered as the front yard, such yard to meet minimum setbacks for a front yard in the zone district. The remaining yard bordering a street may be reduced by one-third of the required front yard setback for the zone district. The owners have chosen Hyman Avenue to be their front yard, requiring a 10' setback on Hyman Avenue and a 67" setback on Cleveland Street. The maximum allowed floor area for a 3000 square foot lot is 2400 square feet and the required open space is 35% (1050 square feet.) 1) Maintain, but not expand, the current non -conforming nature of the structure and the parking. 2) Comply with the Housing Authority Guidelines, which require that affordable housing units have adequate natural lighting. Although this standard could be met with a smaller lightwell, a courtyard entrance allows for a more appealing and livable unit. 3) Provide a front porch, in order to comply with Ordinance 30. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's right would be deprived, the board. shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan the terms of this title to other parcels, buildings or structures, in the same zone district. Response: The non -conforming nature of the lot and structure place a number of unique constraints on the parcel. In order to maintain the existing open space and the existing footprint of the structure, the requested sideyard setback variances and parking variances would have to be granted. The proposed design takes into account the small, narrow nature of the lot, yet still provides a single family residence with an attached ADU while maintaining the required open space. ALTERNATIVES: The Board of Adjustment may consider any of the following alternatives: • Approve the variance as requested. Approve the variance with conditions. • Table action to request further information be provided by the applicant or interested parties. Deny the variance finding that the review standards are not met. NOTICE OF PUBLIC HEARING CASE #96-11 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 BASEMENT MEETING 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 26, 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: October 24,1996, City Council Meeting Room Time: 4:00 P.M. Owner for Variance: Name: Mark and Christin Tache Address: 1001 East Hyman, Aspen Co 81611 Location or description of property: 1001 East Hyman, Aspen Co 81611 Block 34, Lot A, City of Aspen Applicant for Variance: Mark and Christin Tache (represented by Al Beyer) Variances Requested: Applicant is requesting four (4): 1.) a 2.2 foot setback variance for a new structure on Cleveland Street which would continue an existing non-conformance. 2.) a 6.7 foot variance (0 foot setback) on Cleveland for a covered porch. 3.) a 10 foot variance for excavation on the Hyman Avenue side to provide courtyard entrance to a garden level ADU, which may be up to 5 feet below grade. 4.) a parking requirement variance of to allow the second of the required two off - site parking spaces be filled by an existing gravel parking space in front of the garage off Cleveland. Will applicant be represented by Counsel: YES: NO: X The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman DATE CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION 19 9�-- CASE 4 APPLICANT M R kj� � 64 a i iT I N PHONE - �Z�..o Z s 3 3 MAILING ADDRESS 60 l CAf i NV 1-f AIJ ow�rER _ H/+k 1< < C r+1L 1 s n P-&g &" PHONE 9 2 v -- Z�' 3 3 iMAILING ADDRESS LOCATION OF PROPERTY�- (Streer, Block Number and Lot lNum.ner) WILL YOU BE REPRESENTED BY COUNCILr' YES_ N0-g Below, describe clearly the proposed variance, including all dimensions and justification for the variance. (Additional paper may be used if necessary.) The building permit application and any other information you feel,is pertinent should accompany this application, and will be made part of this case. P ,T--Q Po�gwT lYt vLtt-, -t- aw-t,%vo 'ni-A" ctar fifes Pr..bce�; s Applicant's Signaturet-'-7, 4 REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEP.ARTIMENT STAFF. /tip D PE EI�D / � ���a 11`6 PERMIT � OFFICIAL DATE OF APPLICATION i0 -fir/ w HEARING DATE �' We are requesting: 1) a 2.2 foot setback variance on Cleveland Street for a now structure that would continue anflAf°'nanconfarmance. We would like t0 maintain the existing encroachment of the current structure when replaced by a new structure. 2) a 6.7 foot variance (or zero foot setback) on Cleveland street for a covered porch. The variance would help us meet a stated AACP goal encouraging front porches. 3) a 10 foot variance for excavation on the Hyman Avenue side to provide courtyard entrance to a garden -level ADU, which may be LIP to 5 feet below grade. Excavation within the setback will allow more light and better accF ss to the ADU; as per Housing Authority guidelines. 4) a parking requirement variance to allow the second of the required two off - site parking spaces be filled by an existing gravel parking space in front of the garage off Cleveland Street. Half of this current parking space straddles our property line and the city easement. Summary of Request: We would like to replace an existing dwelling with a new small single-family dwelling to house long-time local residents of Aspen, incorporating an ADU to provide housing to an additional Tache family member. We wish to preserve open space on the lot for garden and trees, requiring us - given the narrowness of the lot, and our desire to provide an ADU - to design a more contained structure. We do not wish to build from lot line to lot line, which would not be consistent with a neighborhood feel or the goals of the Aspen Area Community Plan. The excavation variance will allow us to build an ADU with sufficient light and openness while keeping the entire structure scaled down to a neighborhood -friendly height. The variance for a covered porch along Cleveland Street will break LIP the long run of the structure along that side, providing a friendly facade. • The parking variance would allow us to keep the currently available open space as garden, while maintaining an historic use of a parking slot in front of the existing garage. We believe that Our proposed structure will maintain the small-scale neighborhood feel of the existing home that has occupied this lot for fifty years, consistent with the goals of the AACP and Ordinance 30. Oct. 23, 1996 City of Aspen Board of Adjustment Development Application RE: New Tache home located at 1001 E. Hyman, Aspen, Co Hearing October 24, 1996 Dear Sirs: I am writing as an interested citizen and neighbor of the proposed new home at 1001 E. Hyman and the variances requested herein. Since this whole property stated above:, is non -conforming, I am pleased that the family is trying to "preserve open space on the lot and NOT _build lot line to lot line".However requests numbers a, b, c, and d seem to do exactly this. Request c is to build to the lot line on Hyman Ave. to accomodate a courtyard entry to an ADU 5 foot below level. This must, of course, be protected by a stone wall or fencing. Every other building on both sides of the 1000 block of Hyman has complied with the 10 foot setback requirement. I therefore believe this is an unnecessary request. There appears to be no visible hardship (see sketch) that would disallow the courtyard from entering from the South side of the home in- stead of changing the appearance of the street from the North (Hyman). Requests a and b is asking to build to the lot line on Clevel_an-1 1) "a 2' 2" side yard setback to maintain the current nonconformity of the existing structure" and 2) a 6' 7"-side yard setback variance to add a front covered porch". Is this NOT building lot line to lot line??. It seems to be both lot lines on Hyman and Cleveland now are being taken. I believe that the Zoning Officer misspoke in stating that they will "maintain the existing footprint". The sketch shows an additional 200 square foot footprint I @jtQ taAc,CrG Request d is for "2 onsite parking spaces allowing 1 onsit& and 1 offsite". I must say at this point that the language of this request is con- fusing, ambiguous and completely misleading'. I believe onsite parking means on the property and within the property line. Considering a sidewalk must be built on Cleveland (and Hyman), and the existing garage will take only 1 car, where will the other cars park? The existing driveway as is stated in the variance request says " half of the current parking spaces are on the City easement". That means that a lot of the present parking is on City property! The proposed new driveway is not long enough to park a car, or two,(see sketch). Also there is no such thing as an "historic parking slot". A single family house and an ADU immediately suggests a 3 car minimum. Anyone familiar with this neighborhood knows that steet parking is a real problem. I have spoken with Chuck Roth a the City Engineers' Department who feels there must be more onsite parking as this location. I would hope that you will disapprove this request as I believe all parking should be required to access through the alley as is tradition in Aspen. -2- I would hope that these criticisms are not taken with any bad feelings, but rather in a constructive manner that will make the new dwelling more comfortable for the Tache family and their neighbors'.) Yours truly; 1 Geraldine L. Heyman 1007 E... Hyman., Box 4724- Aspen, Co 8 1.612 925-1249 Mark and Christin Tache 1001 East Hyman Aspen, CO 8 1611 October 24, 1996 Dear Ms Heyman, We received a copy of your letter stating your concerns and criticisms of our proposed development at 1001 East Hyman. We are sorry that we will not be at the meeting Thursday to meet you personally and discuss the project in more detail. Your criticisms were well -taken however, and considered without any bad feelings whatsoever. In fact, your comments convinced us that we share a common vision of making and keeping the neighborhood comfortable. This is our intention with each of our requests and we are certain that when you understand them more clearly, you will agree that we all want the same outcome. The lot, belonging to my grandmother since 1962, represents clot of history for the family in Aspen and we plan to create a dwelling that retains the feel of the neighborhood, creates the least amount of impact to the area and enhances the special quality that currently exists. We are leaving the old garage for its look, its neighborhood feel and its utility, and we want to maintain as much yard between it and the new house for the same reasons. The setback variances will help us keep the new house small, maintain as much yard as possible for a small lot, while still providing employee housing. Our plan will allow more sun late in the day for the tall apartment building next door, (yours, I believe) by not encroaching on the visual access to the West, rather than blocking that view with another tall structure set forward on the lot. Our proposed dwelling is planned at around 2100 square feet in total, (of which 500 square feet is designated for the employee unit, encouraged by the Aspen Comprehensive Plan), leaving 1600 square feet for a local couple's primary dwelling. Far from excessive, we think. I doubt if that size house has been built in Aspen anywhere in recent years due to property values. It is not our intention to build "lot line to lot line' We are only asking to match existing setbacks and to create as much yard as possible for a small lot. The setback for the dwelling on the Hyman side will be the same as all the other dwellings in the neighborhood - ten feet. We are only asking to lower the grade in the front yard. The sunken garages directly across the street are a bad example of the excavation grade within the setback. This is not our intention, but illustrates that other neighbors enjoy a similar variance. For us, the variance would give more light to the employee unit, allowing us to keep it mostly hidden, and keep the scale of the whole building smaller. a We feel that by lowering the mass of the whole structure, we will maintain the small scale that is appropriate to the neighbornood. On Cleveland street, we are asking to retain the line of the existing structure. This line is consistent with the historic buildings that exist to the south. We think it's appropriate to ask to maintain this encroachment, considering what we are trying to achieve for the neighborhood with the scale of our dwelling. Finally, I'm sure you agree that the alley is already a congested place. We would like to keep it from becoming more so, even though by the FAR rules, if we were to move our parking to the alley it would give us free floor area. Most developers would jump at the offer. But leaving parking in its current form won't exacerbate existing congestion and won't change or add anything from how it has been for the last 40 years. As far as additional cars, three people have been living in Grandma's house for the last four years - the same number who will be living in the new structure and ADU. We feel the net effect of our requests will be mutually beneficial to everyone, and we hope that upon hearing Al Beyer's explanation of our requests in more detail, you will agree. We appreciate your input and concern, and look forward to being part of the neighborhood. Sincerely Yours, / l Mark Tache 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 26.52.060(E)(b) of the Municipal Code). The undersigned, being first duly sworn, deposes and says as follows: Lo Al �3eqey- being or representing an Applicant before the Aspen 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 I I day of 6�G4 • , 199�2 to the 2 4ty of Oc+ . 199 _& (Must be posted for at least ten (10) full days before the hearing date). ' U Applicant's Signature Subscribed and sworn to before me this day of !G�_ , 199 , by WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: 40tPublic's Signature Address�,�„� -t%A CD Ln o CL U � ' U 00'001 M.6b'.OSotrT S l` t E6*6 N 1 Z ZE w o IC4 - CN lf) co 6 ' 6 w - h vm (10 op ONOD \ co I DNOD::] \ ! .00.001 3.67.09otrT N SC6L- -17, y ca I c c cl�-, w f sinD ,..la.•� � -za �. s G Ned � � J\ � � � - 5T tA 0 1 IE5 7A44f JAJ::� CURB 935 FA- -3 SSA n N O Z O n w o MEMORANDUM TO: Board of Adjustment THRU: Stan Clauson, Community Development Director' FROM: Sara Thomas, Zoning Officer RE: Michael Johns, 714 S. Galena Street DATE: October 15, 1996 SUMMARY: The applicant requests a variance from the side yard setback dimensional requirement in order to provide a covered entryway and to enclose the trash storage area in order to secure the area from bears. The property is located in the L/TR zone, which has a required side yard setback of five ( feet. This project was started without a building permit in October, 1991 and a red tag was issued at that time. No work has taken place since 1991. The current building permit, #6-614, was applied for in June, 1996, but has been rejected due to proposed construction within the required side yard setback. The proposed construction would be built to the property line, requiring a variance of five (5) feet, to allow for a zero (0) foot setback. Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance. APPLICANT: Michael Johns, represented by Robert Fritsch LOCATION: 714 S. Galena Street REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.108.040 of the Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the board of adjustment shall make a finding that the following three (3) circumstances exist: 1. Standard: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title. Response: Although the Aspen Municipal Land Use Code does require that trash storage areas be enclosed, the Code does not allow for these structures to be within required setbacks. 2. Standard: The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure. Response: The proposed location for the trash enclosure is in an area on the property which would not conflict with the L-TR zone districts' open space requirement of 25%. However, the proposed location places the trash containers in direct proximity to the buildings' front entrance, allowing for increased contact between the buildings' residents and bears. Although allowing space for trash storage should have been addressed at the time the building was designed, there is now an issue of health and safety based on the potential conflict between bears and people. Enclosing the trash storage area is a viable solution to the health and safety issue, but would require a five foot side yard setback variance of 5 feet. Covering the entryway could be accomplished without a variance if the roof structure did not project into the setback by more then 1811 . 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant. of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's right would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan the terms of this title to other parcels, buildings or structures, in the same zone district. Response: The special conditions unique to the parcel, i.e. the proximity to the local bear population,. the northern exposure and shadowed front entry, should have been taken into account when the building was initially designed. The lack of adequate space for trash storage, and an exposed entryway should therefore be considered as "man made" hardships. However, the health and safety issues which have occurred due to the unenclosed trash storage area appear to be of great significance and should be remedied. As stated above, the applicants desire to cover the entry way can still be accomplished if designed so that it does not project more than 18" into the required setback. ALTERNATIVES: The Board of Adjustment may consider any of the following alternatives: • Approve the variance as requested. Approve the variance with conditions. • Table action to request further information be provided by the applicant or interested parties. • Deny the variance finding that the review standards are not met. RECOMMENDATION: Staff recommends denial of the side yard setback variance request for the entryway cover. Staff recommends approval of the side yard setback variance request to allow for enclosing the trash storage area. RECOMMENDED MOTION: "I move to deny the request for a five foot side yard setback variance to allow for a covered entrywayaL 14 S_ Galena Street finding that the review standards are not met. I move to approve the request for a five foot side yard setback variance at 714 S. Galena Street for construction of a trash storage enclosure, finding that the review standards are met." NOTICE OF PUBLIC HEARING CASE #96-10 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 BASEMENT MEETING 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 26, 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: October 24, 1996, City Council Meeting Room Time: 4:00 P.M. Owner for Variance: Name: Michael Johns - Myriad Investments Address: 714 South Galena Street, Aspen Co 81611 Location or description of proper o . Applicant for Variance: Robert D. Fritsch - Yampah Builders, Inc. 714 South Galena Street, Aspen Co 81611 Block 2, Lot 15 Anthony Acres Subdivision, City of Aspen Variance Requested: Applicant is requesting a variance for a covered entrance to the home and enclosed storage for trash cans which extends to the wall on lot line. Will applicant be represented by Counsel: YES: NO: X The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman AFFIDAVIT OF NOTICE BY POSTING OF A County of Pitkin } VARIANCE HEARING BEFORE THE CITY OF } ss. ASPEN BOARD OF ADJUSTNMNT (Pursuant State of Colorado } to Section 2652.060(E)(b) of the Municipal Code) The undersigned, being first duly sworn, deposes and says as follows: LL /r-- I, o p 2- /' -r� G r-5- G h , being or representing an Applicant before the Aspen 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 �y of 199_, to the,_�day of 0-, 199Z. (Must be posted for at least ten (10) full days before the hearing date). Applicant's Signature Subscribed and sworn to before me this -day of �� , 199-�—, by 7NESS MY HAND AND OFFICIAL SE.A,L. Commission expires: ny Public's Signature Tess .S din S Cd 60/ lCoo�i 1. YAMPAH BUILDERS, INC. 45673 HIGHWAY 6 • GLENWOOD SPRINGS, CO 81601 • 970 945-4045 • FAx: 970 945-4092 September 27, 1996 City of Aspen Board of Adjustment 130 S. Galena Aspen, Co. 81611 RE: 714 S. Galena St. Block 2, Lot 15 Anthony Acres Sub Division Request for a variance is to allow a covered entrance to the home and provide an enclosed storage for trash containers. The entrance area is subject to ice and snow due to lack of sun and is extremely hazardous when new fallen snow turns to ice. The trash containers have been subject to Bears in them. The confined area makes this a dangerous situation, during a human encounter, the human is in the only path of escape. The cover requested will actually provide added privacy to adjacent home owners. Sincerely, Robert D. Fritsch, Pres. YAMPAH BUILDERS, INC. YAMPAH BUILDERS, INC. 45673 HIGHWAY 6 • GLENWOOD SPRINGS, CO 81601 • 970 945-4045 • F x: 970 945-4092 REQUESTED COVERED ENTRANCE 714 S. GALENA ENHANCES over all appearance, not only for property owners, but surrounding properties. SAFETY is a concern. Due to shading from surrounding structures, it is impossible to keep entrance way clear of ice. Large amounts of ice melt are now being applied. SAFETY is also a concern for proper storage of trash. A large bear is after garbage stored in trash cans in this entrance way. When home owners exit their home, they are between this bear and its only path of flight. 1 ter- ram( W6' W gTa;*4 W -walwq milAam EXisT; uti:W c.N HtAH LUK5 a /,u- Cb�stj. A CY1't7 • NK I F{..ODiZ PLAW (2 N�KTH �rorAWou.Js, SE�►M_.I�t.IL_..__.... 4:74 l5&lVr ffjF ZN myu ON Z X ► Z N L4' a.&. IZ ?4 i1 „' M QO fia Ma'r'G N ��'ST FKewi 5LE\1AT iaq ti bey , COMA P CJ ma STARS 24 f Es � C -N N 1G1 '