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HomeMy WebLinkAboutagenda.boa.19970213AGENDA ASPEN BOARD OF ADJUSTMENT COMMISSION Special Meeting Thursday February 13, 1997 at 4:00pm City Council Chambers, 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 #97-2 Hoag Subdivision, Lot 3, Aspen, CO B. Case #97-3 935 Gibson Avenue, Aspen, CO VI. ADJOURN Of RESOLUTION NO.2 Series of 1997 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97-2 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 1125 Ute Avenue, Hoag Subdivision Lot #3. ASPEN,COLORADO. WHEREAS, Highlands Investment, Ltd (c/o James Valerio),has made application, dated January 16, 1997 to the Board of Adjustment for a variance from the dimensional requirements of Chapter 24 of the Aspen Municipal Code; and WHEREAS, this matter came on for hearing before the Board of Adjustment on February 13, 1997 and after full deliberations and consideration of the evidence and testimony presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO: fact: Section 1. Findings of Fact. The Board of Adjustment makes the following findings of 1. A development application for a variance was initiated by: Highlands Investment,LTD on January 16, 1997 for property with a street address of 1125 Ute Avenue, Aspen, Colorado and a legal description of Hoag Subdivision Lot #3. 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 24-6-205 (E) (4)b) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 3. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and Chapter 24 of the Aspen Municipal Code. 4. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. 5. The literal interpretation and enforcement of the terms of Chapter 24 of the Aspen Municipal Code 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 that the applicant's rights would be deprived absent a variance, the Board considered certain 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; to wit: The property is significantly impacted by the steepness of the site and the large area of the lot that is covered by Avalanche Path Zone. The variance is required in order to allow development to occur on the least hazardous area of lot. Section 2. Variance Granted. an the The Board of Adjustment does hereby grant the applicant the following variance from the terms of Chapter 24 of the Aspen Municipal Code: A seventy foot (70') front yard setback at 1125 Ute Avenue, Hoag Subdivision Lot #3. Section 3. Conditions Upon Which Variance is Granted. The variance granted by Section 2, above, is specifically conditioned upon and subject to the following conditions: 1. Unless vested as part of a development plan pursuant to Section 24-6-207 of the Aspen Municipal Code, the variance granted herein shall automatically expire after twelve (12) months from the date of approval unless development.has been commenced as evidenced by the issuance of a building permit, or an extension granted by the Board in which case the variance shall expire at the end of the extension. 2. Applicant shall, prior to filing an application for a building permit, cause to be recorded with the Clerk and Recorder's Office of Pitkin County a copy of this resolution. INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 13 h y o bruarv, 1997 Chairperson I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. puty City Clerk 3 NOTICE OF PUBLIC HEARING CASE 997-2 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: February 13, 1997 City Council Meeting Room Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Highlands Investments Ltd. c/o Valerio/Johnson Gibson - Reno Architects, L.L.C. Address: c/o Gibson Reno, 210 East Hyman, Aspen, CO 81611 Location or description of property Hoag Subdivision, Lot 3, Aspen, CO 81611 Variances Requested: Applicant is requesting a Variance that will change the 100' Front Yard Set Back to a 30' Front Yard Set Back. «'ill applicant be represented by Counsel: YES: X NO: The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman EXHIBIT a AFMAi�IT Off' NOTICE PURSUANT County of Pion } TO ASPEN LAND USE REGULATION } ss. State of Colorado } SECTION 26.57.00 (E) L Roy B. Parsons T I I being or representing an Appii= to the. City of Aspen, pmSonlaily c ry ttiaz I have conzQiied with the po�iic nacice =gninments parses to Section 26.52.060 (1� of the Aspen land Use Peaulaaons �n the foilowing manner. I . By mailing of nonce, a cmv of which is aaa hed hereto, by first-class_ Tjostage -71 f,",m« n r.k;n +rr-t-- hundred (300) feet Lie ? rday of -veb 13 1997 ) Of— dam Nr ,r It ru TrnerVARIA NANE A ADDRESS OF APPLICANT'- A. TYPE OFTYPE Di VTIARCE RE DATC Di A:PP-L J-TIpR C:SE CF WARIN. n '3TMNS OR COWCNTS S1oIAD RE RETECRED TD T14 GCY �A. GTY � 1LL. DUSINO NONYII .. •.. s•S 1101�/ s. C ierty (as it could be was posted and visible 97 (Must be posted for Jrr• L �zotograpn or the posted a 3 t h _ day 199? by )F ICIAL l�r.AL ifik.�,XPIRESs d .16 EXHIBIT 2 BAYOIL (USA), INC. Ux�tm��� _ 600 TRAVIS ST., # 6110 HOUSTON, TX 77002-3007 300^ Rad. Mailing List - A J A X PARK o CITY OF ASPEN � � 130 S GALENA ST ASPEN CO 481611 GOLUB, GENE GOLUB AND COMPANY - C/O 625 N. MICHIGAN CHICAGO, IL 60611 UTE CEMETERY CITY OF ASPEN 1-30 G GALENA ST ASPEN CO 81611 DAVIS I G JR 110 S MARION AVE VENTNOR NJ 08406 - HIGHLAND INVESTMENTS & JOHNSON, KAREN - HOLLAND & HART -C/O 600 E MAIN ST ASPEN CO 81611 - � � ASPEN SKIING COMPANY - CHANCE LODE POST OFFICE BOX 1248 ASPEN, CO 81612 FRAZER, JANE Z. FRAZER. WILLIAM R. 250 TUNNEL ROAD BERKELEY, CA 9-1.705 ' RAPPAPORT SUSAN H & GARY B TRUSTEES RAPPAPORT SUSAN H REVOCABLE TRUST 3940 WALDON SHORES RD WAYZATA . MN 55391 COLEMAN, THOMAS B. 321 ST. CHARLES AVE. NEW ORLEANS, LA 70130 FORIER JOHN & CLARK NEAL J � SHIRSAT AJAY D '::,O BOX 11 WOLCOTT CO 81655 CITY OF ASPEN BOARD OF ADJUST)1 v= DEVELOPMENT APPLICATION DATE Jan. 16, 19971 19 APPLICANT Gibson -Reno Architects, L . L . C . CASE PHONE 925_5968 MAKING ADDRESS 210 E . Hyman, Suite 202 Aspen, CO 81611 OWNER Highlands Investment, Ltd. PHONE 925-1860 MAILING ADDRESS C/O James Va 1 e r i o .-, . O . Box 1376 Aspen, CO. 81612 LOCATION OF PROPERTY 1 1 29 TTt-P AvP . TToa!Z S ubdjyi j on . Lot 43 (Stree , Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL? YES x NO — Below, describe clearly the proposed variance, including all dimensions and justif cation for the variance. (Additional paper may be used if necessary.) T"ne building permit application and any other information you feel is pertinent should accompany this application. and will be made part or this case. We are requesting a Variance that will chancxe the 10017rontyard Setback to a 301 Frontyard Setback. See attached letter for additional information. Applicant's Signature 162� REASONS FOR DENIAL OF BUILDING PERNIIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTME:VTT STAFF. DATE PERMIT DENIED DATE OF APPLICATION OFFICIAL HEARING DATE EXHIBIT VALARIO-JOHNSON BOARD OF ADJUSTMENT APPLICATON DAV I D GIBSON We are requesting a variance from the 100' Frontyard Setback AIA required by the "Conservation" Zone District. Site conditions, AUGUST avalanche hazard and 8040 Greenline approvals present the RENO need for a 30' Frontyard setback. AIA The Hardships/Justifications relevant to our request are as SCOTT follows: SMITHAIA 1) Site Conditions: This is a very steep site (30%-40% slope) that is heavily covered with tall, mature evergreens. The lot is located above Ute Avenue and the most appropriate access will be from a shared driveway at the North East corner of the property. 4 Maintaining a 30' Frontyard and a 30' Sideyard Setback allows driveway access with minimal grading and GIBSON - RENO reduces the total area of disturbed site vegetation. The 'T 100' Frontyard Setback would require extensive grading • A R C II I T E C S, L,L,C, I for an accessible driveway and would disturb considerably more vegetation if the building envelope was placed higher up the slope. 210 E. HYMAN 2) Avalanche Hazard: Although the site is a large parcel NO 202 (3.04 acres) a large portion of it is covered by an ASPEN Avalanche Path Zone which should not be built in. (See COLORADO attached Site Plan and Avalanche Hazard Analysis.) 81611 Honoring the 100' Setback will force the building envelope into the Avalanche Path, creating an 970.925.5968 unacceptable hazard. The 30' Setback allows the FACSIMILE building envelope to be located safely away from the 970.925.5993 identified avalanche path. 3) On December 17, 1996 this project was granted approval for an 8040 Greenline review and Conditional P.O. BOX 278 Use for an A.D.U. The issues focused on concerned 117 N. WILLOW the buildings location on the site and minimizing the NO 2 impact on the site. The determination is that the current design, which is based on a 30' Frontyard Setback, is the TELLURIDE best location for site compatability and a building COLORADO envelope farther up the slope is not appropriate. The 81435 8040 Review Committee was aware of our need to 970.728,6607 receive a variance for the Setback and their approval anticipated a successful application. FACSIMILE 970.728.6658 Valario/Johnson Page 2 4) This project has undertaken a lengthly approval process. In 1990 an 8040 Greenline approval was granted to a previous owner. At that time a variance was granted that allowed for the 30' Frontyard Setback. In 1993 the 8040 approval was revoked and subsequently the Setback Variance has lapsed. We believe the same conditions and justifications that resulted in grating the Variance then exists now. Our request for a variance allowing for a 30' Frontyard Setback, we feel is the most desirable, and appropriate way to address the issues of site compatability, avalanche safety and design sensitivity. valjohn.doc r LOT 1. E' [ w' ` g 1001* LAAm IIva — INN, / \� \ Q \ ` •, �, Q `` O Q \ �4 #- CAI a u- cc a \ \ ` w EDGEi > �� O V1 w w OF AVALAt�1C#-E PATH 0 Site Elev. 140•-0- - 8ulan9 Elev. 100•-0- c w �•� o° uw Q oQ z w O Q / o (nw / LL m o Site Plan `" ' UTILITY EASEMENT r=30•-O" I � \ I Lower Level Upper Level vs-=r-w \ N IN, Log AC Ow Guard Mu!j! 6 m-Q Wit 'I m 'IRT1,11' A I J1 mi mmfflm� a 0 WPI :ic4lig dmw I jw, Altij.71. 41 (1) NOWMAIWOM • ILI !1N ME i 040 A *a ff 40 F4 6 WtM eMP0a,, I Most Milevation Cedar Shakes Wood Siding Upper Level ---------- - - - 112'-6"4 Log Railings Stone Piers Main Level 102&-6re Living Room 1001-0"T -Stnmp- Vawss%abw awer iLeve 11W-6 Avatic w Level 112#-6".t i Level 1000.o^ l[ ( ' r =~ev== ^ 11 ==~° _6� / / | / . | Ak Upper Level / | -(---------—------------------------/-----------� ' '-- - | / | ' | ' | Main Level / ( �� _ _~ _ -_ _ � ' oK�%�^-4�~ -- -- -- -- -- -� -� - - -- -- -- -- -- | | _ South Elevation jpv ' AVALANCHE HAZARD ANALYSIS, BARKER PROPERTY, ASPEN, COLORADO PREPARED FOR MR. JACK BARKER Arthur I. Hears, P.E., Inc. Gunnison, Colorado January, 1987 __' u ,Yap requested by Mr. Jack Barker of /Aspen and ha-s the following objectives: 1. site inspection of avalanche terrain; 2. analysis of avalanche characteristics and risk; 3. review of previous work; 4. recommendations. The report is site specific, thus the results and recommendations - cannot b-e extended to other locations. AVALANCHE CONDITIONS Avalanches affecting the Barker property in Sec. 18, T. 10 S., R. 84 W., City of Aspen, originate on the northeast --facing slope of Bell Mountain. Avalanche starting zones are located immediately below promin- ent cliffs at approximately 8,800 feet elevation, as much as 1000 feet above the valley floor. The starting zones, or areas in which unstable snow accumulates, are small, steep, and generally discontinuous. There- fore, avalanches Will usually be small and unlikely to reach the Barker property. However, major avalanches can occur in response to exceptional weather and/or snowpack conditions at any time during the November - April snow season. Major avalanches are known to have deposited debris on the old railroad grade in 1964, 1973, and 1974. The largest and most frequent avalanches occur in the approximately 50-yard wide open slope on the western edge of the property, which is also the site of the avalanches that are known to have reached the railroad grade. A ski trail and the proposed access driveway to the Barker property cross the lower portion of this path. _. -F,�, yea aspen . This stand of which is the proposed site of the new home, shows no sign of avalanche damage for the life of the forest (approximately 80 years). Site inspection showed some damage to aspen within.the forest, but this was apparently caused by an unusually heavy early June snowstorm in 1984. This storm produced similar cgidetpread damage throughout -central Colorado. The avalanche conditions at this site were discussed in a detailed report to Steve Crowley and Thomas D. McAuley which was authored in 1973 by Whitney 11. Borland and Hans Frutiger. In my opinion, the Borland/ Frutiger report was a thorough and accurate appraisal of the avalanche conditions at this site. The present study discusses in greater detail the nature of the risk involved in building within the potential avalanche area . PROPOSED DEVELOPMENT AND AVALANCHE HAZARD Discussions and a site inspection with Mr. Jack Barker provided detailed information about the layout of the proposed development. The development layout and building envelope is shown on the attached map. The development is subject to avalanche hazard of 2 types: 1. hazard on the access driveway that crosses the open avalanche path discussed above; and 2. hazard to the house, which will be built approximately 50 feet east of the prominent avalanche path, within the timber wedge. Because hazards "1" and "2" differ significantly,they are discussed separately below. The access driveway is clearly within the boundaries of the main western avalanche path. Both upper and lower legs of the proposed uvu,ancnes may have also reached ,iie ariveway alignment, but gone undetected. Although firm data on avalanche frequency is not available, an average frequency (at the drive- way) of 3-5 years seems reasonable, based on vegetation damage and the sporadic and discontinuous historical record. Overall risk is based on avalanche frequency and the proposed use of driveway. If we assume an exposure time (to the avalanche) of 1 minute per trip -and 10 trips per day on the driveway, total daily exposure is 10 minutes (out of 1,440 minutes per day), or 0.7% of the time. If the avalanche occurs once in every 3 years on the average, the joint proba- bility, P, that an avalanche will reach someone while he is traveling the driveway is computed P = (1.) (10/1440) = 0.23% per yea.r. 3 .This calculation assumes random avalanche occurrence and random driveway use. In other words, the prevailing avalanche and/or weather conditions will have no influence on the use of the driveway. From the standpoint of risk assessment, this 0.23% annual probability should be compared with other risks that a.re commonly accepted. For example, daily travel during unstable avalanche conditions is common on Loveland, Berthoud, and Red Mountain passes,each of which is crossed by numerous avalanches every year. Some of these avalanches occur more often than once per year. Depending on the route taken through Colorado, the avalanche hazard encountered on a trip to Aspen may exceed the ri.sk.J n ascending the driveway. �,,uupied continuously, especially during severe weather and avalanche conditions. Although the building envelope is approximately 50 feet inside the timber wedge (east of the avalanche path), it probably is exposed to avalanches of exceptional volume because these will spread laterally as they descend and enter the undisturbed forest. As a rough estimate, the building site could j be reached by avalanches with return periods of 50-100 years (1-2% annual probability). A building located here and intended for winter occupancy must be designed for avalanche impact and deposition loads. Final design criteria should be developed in conjunction with building plans and should incl,ude: 1. Specification -of avalanche forces (resolved into mutually perpendicular dire(ftions); and 2. Determination of loading criteria (static or impact). None of these design parameters can be specified at present because details of building size, shape, and orientation strongly control the details of interaction with the structure. However, experience at many avalanche sites in North America and Europe indicates that construction of an "avalanche -proof" structure is feasible at this location. RECOMMENDATIONS The following recommendations consider the avalanche characteristics and relative hazard as discussed above. 1. Avoid placement of permanent structures within the prominent west avalanche path. 2. Allow residential construction within the timber wedge and inside the building envelope as specified by Mr. Jack Barker during our field inspection on December 16, 1986 (see attached map) . u Y C _....0 risk is small when compared to the risk accepted at many mountain sites (e.g., Vail, Juneau, Ketchum, Alta), the potential hazard should be carefully discussed with and understood by future developers or owners of the site. 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Il\;. •'' �`� ��•, •� .1. \ 1\� ,• �, , ���,�•Ij) J'�� �'l ) II1� •'' �,'\1 � � \1 `.\'\� .\ � � ._• \ ,.,. ,� tit '� f\ •O' � •II' �, 1 11 tv FIGURE I • Location map showingOk 10 \\ , �' /' f / \\� approximate positions •` (� :3 i� ;'� PP e pos ions of site X 1 t;; , �� , . \ llX,. and avalanche path ; \. \ -- "� j';: � l,� , •,•poi, u.-� ;.I Scale: t, _ ; � i:l�• � i • •1 �\� ' 1 �� //•//i .e,pY) �\\• _\``�\lli 1}1 ' � ����/C. !' \��\�,\\ -ta�y" �Rr 1 �iII��' _\`.: �`�� �rr' �� �'(. (� ll�i A. � I •�\1.11:,.]1]._..`•`�IL�/1L�����i�i11���,��::C�\`„``n� � - v-=i "./. `.. �. 1 i �IS \\�_,::�`:.1�_.,�L ����r�CC \\;:1 i�lC;' � l MEMORANDUM TO: Board of Adjustment THRU: Stan Clauson, Community Development Director "-/'--� Julie Ann Woods, Community Development Deputv6irectoE FROM: Sara Thomas, Zoning Officer RE: 1125 Ute Avenue, Hoag Subdivision Lot #3 DATE: February 4, 1997 SUMMARY: The applicant requests a variance from the front yard setback dimensional requirement for Lot #3 of the Hoag Subdivision. The 3,nA, acre) lot is'' located in the Conservation Zone District, which has a required front yard setback of one hundred feet (100'). The applicant is proposing a front yard setback of thirty feet (30'), requiring a front yard setback variance of seventy feet (70'), in order to locate the proposed residence away from a significant avalanche path that exists on the property. The Board of Adjustment approved a 70' foot front yard setback variance request for this lot on March 23, 1989. (See attached Exhibit "A"). The previous owner was granted an 8040 Greenline approval from the P&Z commissiol-I irI i 990, The 8040 approval was revoked in 1993 when the P&Z commission found that the previous owner had violated or failed to comply with the conditions of approval. The previous Board of Adjustment variance approval automatically expired as of March 23, 1990, due to the lack of the issuance of a buildinc} permit. The current owner was granted 8040 Greenline approval on December 17, 1996. Both P&Z and staff approved the location of the proposed residence, finding that the location was in the least hazardous area of the parcel. The P8,7 was awaf-e that the approval was based on the project receiving the front y rd sefb cl variance. Please refer to the attached drawings and written information provided by Elle, applicant for a complete presentation of the proposed variance. EXHIBIT APPLICANT: Highlands Investment, Ltd. c/o James Valerio LOCATION: 1125 Ute Avenue, Aspen, Colorado Hoag Subdivision, Lot #3 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: A condition of approval for development in an area located above the 8040 greenline is that the design and location of the proposed development are compatible with the terrain on the parcel and that any grading will minimize disturbance to the terrain: The proposed location of the residence meets these standards. The required 100' front yard setback would force the applicant to extensively grade the driveway and disturb a greater amount of the natural terrain. 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 constraints placed on the lot by the avalanche hazards and the slope limit a safe location for the proposed residence. The 70' front yard setback variance appears to be the minimum required to permit development in the least hazardous location possible. 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 pre `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 and the terms of this title to other parcels, buildings or structures, in the same zone district. Response: The parcel is significantly impacted by the steepness of the site and the large area of the lot that is covered by an Avalanche Path Zone. These conditions are unique to this parcel and granting a variance will not confer special privileges to the applicanfL, 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 approval of the front yavd setback variance request in order to permit development on the parcel iris an ar caa located outside of the identified avalanche path. RECOMMENDED MOTION: "I move to approve the requesr' fore � oventy foot (70') front yard setback, at 1125 Ute Avenue, Hoag Subdivisiion Lot #3, finding that the review standards have been met." d M M/ NOTICE OF PUBLIC HEARING Case t89-6 JACK BARKER/WESTERN HERITAGE LOG HOMES, INC. 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, then 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: March 23, 1989 Time: 4:00 p.m. 4�ner for Variance: Appellant- for Variance: Name: Jack Barker Joseph S. Zaluba Address: Box 3379, Aspen, CO.81612 Location or description of property_ Location: 1125 Ute Ave. Lot 3, Hoag Subdivision Variance Requested: Property is located in the "C'' Conservation Zoning area. Front yard setback required is 100ft. Chapter-24 Sec 5-217 (D) (4) . Applicant is asking that setback be set at 25ft. A 75ft variance. Will applicant be represented by counsel® Yes: X ® No: The City of Aspen Board of Adjustment 130 South Galena Streets, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney, Deputy City Clerk \I BAM3.23.89 Fred: Action by the Board of Adjustment requires a minimum of 4 aye votes. The question should have been phrased in the posit:e=,fe as opposed to the negative. Anne: Which is what we are doing now. I think we should finish on this one. Remo: We have a motion and he is withdrawing his second. Do I hear a second to Josephine's motion? Anne: Yes: Rick: I would be in favor of granting a variance subject to a deed restriction. That is the only way I would agree to that. Josephine: I already said I wasn't going to change the motion. Roll call vote: Anne, no, Rick, no, Josephine, no, Charlie, yes, Remo, no. variance denied. CASE #89-6 JACK BARKER/WESTERN HERITAGE LOG HOMES, INC Remo read into the record request for variance. (Attached in record) Joseph Zaluba, purchaser of the property from Jack Barker: Jon Mulford, Zaluba's attorney: Joseph: This property is located in the Hoag Subdivision which is above Ute Avenue. It is Lot #3. The lot is a 3 acre s_-te which is impacted by an avalanche area which is defined b_y a, report -.by Arthur Mears. Our main hardship is this avalancl-)e path. We want to be outside of that so we are attempting to set this house with the driveway situated such that the house and the driveway are excluded from the avalanche path coming down on the Lot #1 Hoag. This will also allow us easier fire and police access. It wi i . also minimize the general impact of the house from Ute Avenie Because of the steepness of the site we can't really m(pve up the Jhill. We could never meet the 100ft setback anyway with meeting this setback on the side. So we have chosen thisisite based can our main hardship being the avalanche situation across this existing drive. That is our basic argument. 16 BAM3.23.89 Jon: This existing drive is a deeded easement for access to this property over here. Remo: And it goes above your house. Joseph: It goes above. That is correct. Ron: Where is the trail.head for the Ute Trail? Joseph: Down here. Ron: And is that also where the road continues to go off? Joseph: Yes. That is correct. There is a driveway right adjacent to the Ute Trail. Anne: The properties that are right on Ute Avenue --the duplexes existing --do they have a requirement of 100ft front yard setback? And did they get.a variance? Remo: They are not in Conservation zone. Rick: Why was this zoned Conservation' when the immediately adjacent properties seem to be a different zone? Remo: Because it goes up the steep part of the hill. The steepest part of the hill. Rick: But what was the purpose of it being Conservation? Remo: I think they have -a 1080 zone too, don' l._ .hey? Joseph: 8040. That is right. Bill Drueding: Anything above Little Nell's is Conservation. Ron: I want to ask our City Attorney --I drove up that road and I saw examples of avalanche coming down through the forest. Looking at this thing, the lot line doesn't--tbey are siting this house a good 2 or 300ft up that road -- Joseph: Approximately. It is up a ways. ft is right behr,� that first duplex. Ron: The point I was trying to make is that tl-aese plans and the siting of the house they don't show any avala)-).che danger to the east. Yet I saw an avalanche there. Joseph: I think you are right. There is one there. 17 BAM3.23.89 Ron: Not only that but an avalanche guy reported one in 1973 in his report. They had one in 1988 and 1989. Joseph: I think you are right. But that was on the adjacent property and there is avalanche down on this mining claim there. Ron: I saw the results of that avalanche not 3ft from that easement on that road in the woods. My concern is, Fred, if we grant a variance and he gets buried by an avalanche, what is the City's liability? Joseph: We are going through 8040 also. We can design this structure which we will probably be required to under 8040 for avalanche in the back. Ron: I am not concerned about where you want to build a house or how big you want to build or anything like that or whether you have a right to build it. I am concerned that the avalanche report did not go deep enough and you may be putting yourself in the face of an avalanche and then your heirs are going to come back and say "Well, we think granting a variance saying there was no danger zone". I don't want to see something like that. Remo: What is the City's responsibility? Can they build in the avalanche path? Fred: This applicant will have to go through 8040 Creenline Review. One of the criteria in the 8040 Greenline Rev:} c�N,,r will be the hazards created by the site. If they determine that there are hazards that make construction impossible they will deny the application or force remedial steps. That is the level k-hat that liability issue will be addressed at. Joseph: We have chosen the safest site to build the house and therefore my case is I am pleading that I need a 25ft setback to build this in the safest place on this lot. The other considerations we will take up at the 8040. Fred: If you grant the variance today there is no guarantee that this house will be built at that zone. The 8040 Greenla_ne Review may dictate other changes. Josephine: Then we could still use as our practical d.Ifficulty the avalanche path. Fred: Absolutely: b Anne: You have this road easement and you are showinq that the Me BAM3.23.89 25ft setback you are requesting is from the far side of the road. Bill: We take from property to property line. Anne: So even if there is a road coming through it you don't worry about that. Bill. No. Anne: Could you put.this house back l0ft more? Ron: Move it west? There followed many suggestions regarding moving the house. Anne: We are supposed to grant the minimum variance. Charlie: So that you have a 30ft side yard --just sliding it straight back along parallel to the left line. Joseph: Yes. I think we can do that. Anne: If you can compromise and come back a little bit then I think you will get approval a lot easier. If you can go back loft, I will be willing to grant the variance. Remo: I went up there and walked that and was shocked to -see that snow avalanche coming through dense trees --big trees. Also I was -shocked to see that it had impacted the house below the road. 'One of the avalanches came right across the road and was into the house below. Can we modify the variance by asking to put a retaining wall to deflect avalanche. Several: That is what the 8040 Greenline Review is for. They are going to take care of all of that. Ron: You could write a letter asking them to consider the dangers of avalanche. That was my big concern. Josephine: I didn't feel concerned about that because those trees are so big. When the trees are that big that is evidence that not a powerful avalanche has come down and taken out the trees. Remo: But in fact they had knocked down trees in another area of very dense forest and had come to the road in a very similar situation. 19 BAM3.23.89 This is a non -conforming lot of record, right? You have 3 acr(-s here. You are required to have 10 acres. Joseph: Right. Remo: And it doesn't even have the frontage on it that )- required. I think you are required to have 400ft of minima)-rft frontage. There is a. parking requirement and the park-h requirement is 1 space for each bedroom. And they have a 3 bedroom and they only show a 2 car garage. Anne: It is 5.bedroom. Joseph: The fact that we are moving it�up will help that. `.1) only negative to moving it up is we are going to have to cut. little more out of the mountain. We will have to landscape that. But we will go through that on 8040 with them. And if we have to meet parking it might be the only way we could do it anyway would, be to move it up. Remo: My only other concern is that destruction of the very trees to build a house which are supposed to better protect yn) � I am thinking about a minimum of taking out of trees. Fred: That is not within your purview. I would urge you to articulate those concerns at the 8040 stage. Remo asked if there were any further questions. There were and he closed the public portion of the meeting.oseph Anne read into the record a letter from Robert and C�>role owI! c} stating their objections to the variance. (Attached in record) Ron read into the record a letter from Gary and Susan Rappaport stating their objections to the variance. (Attached in record) MOTION Rick: I move that we approve Case #89-6 for this 30ft. side yarc} restriction. Remo: Move the house to the --side yard- setback as indicated ated _r; the drawing. Anne seconded the motion. Roll call vote: Anne, yes, Rick, yes, Josephine, yes, Charlie, yes, Remo, yes. 20 BAM3.23.89 Variance granted. Ron: I would like to make it a part of the record and request Remo to write a letter to the 8040 Review Committee that we have granted a variance, visited the site and are concerned about avalanche conditions and would they please be extra careful in their review. Note: Just for the record this was done and -the 8040 Review Committee did read the letter into their record. Anne made a motion meeting be adjourned. Josephine seconded the motion with all in favor. Time was 5.50pm. -� / Janicq`M. Carney, sty Deputy,'/,Clerk 21 MEMORANDUM TO: WELTON ANDERSON, Chairman -Planning & Zoning Commission FROM: REMO LAVAGNINO, Chairman -Aspen Board of Adjustment RE: BARKER: Lot 3 Hoag Subdivision-8040 Greenline Review DATE: March 28, 1989 At the scheduled meeting of the Board of Adjustment on March 23, 1989 we heard and granted a variance to applicant Jack Barker: Lot 3 Hoag Subdivision (Case #89-6). We granted the front yard setback variance to more safely situate the structure in a denser stand of larger trees, out of the major avalanche path. In walking the road to the lot, there were substantial avalanche occurrences that crossed the road. Looking uphill I noticed major snow movement had occurred in trees the size and density similar to conditions on the subject property. While the Board felt a need to further mitigate the potential avalanche threat, it did not want to encumber the Planning Commission's role in their 8040 Greenline Review. The Board has asked me to write this memo to express our concerns and offer recommendations for your consideration. Under the direction of the Engineering Dept. we felt that a deflection barrier should be constructed uphill to direct any snow movement away from the structure and toward the main avalanche path. The protective barrier should be .strong enough to withstand avalanche impact and deposition loads. Further, that there be a cl)se monitoring and minimal removal of trees during construction. cc: Cindy Houben, Planner 4 WITNESS LIST* AGENDA ITEM: ��- i5* u�r-e- ArvEz oa t)l 1/1 s /vA[ NAME OF WITNESS: 1. t)AR-0; ` 1"4 m /'S Staff Person 2. ZIR ©cKf. Pcreftso.4 A-rm �� 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. * Includes staff persons, but excludes staff attorney and board members. EXHIBITS* AGENDA ITEM: ;Z//3/99- CAsE*�97+-Z 4oA-c� suBi>MsrotJ Lcr-':'-3 I I z 57 �wa� 0 EXHIBIT NO. DESCRIPTION IN DEMO oF t/`i' 1 � -APPL v� 1� 2PR(DoF, 0me5 -t- t�s~� ►� 3 C�oMMuN�r�(�p /nl * "In" means the exhibit is introduced into the record. "Demo" means the exhibit is used only for demonstration or illustrative purposes. NOTICE OF PUBLIC HEARING CASE 997-3 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 carmot 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: February 13, 1997 City Council Meeting Room Time: 4:00 P.M. Owner for Variance: Name: Mr. & Mrs. Tom Lewis Applicant for Variance: David Panico Address: c/o David Panico, 1533 Juniper Hills Road, Aspen, CO 81611 Location or description of propel 935 Gibson, CO 81611 Variances Requested: Applicant is requesting a Variance of 18' in the Front Yard Set Back from the Public Right -of -Way to construct a garage. Will applicant be represented by Counsel: YES: NO: The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman EXHIBIT d County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATION State of Colorado } SECTION 26.52.060 (E) w l D � � J � � (� being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the following manner. 1, By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the `�' day of I -�� \1V',199�(which is � days prior to the public hearing date of 2:' 2 r 2. By posting a sign 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 -F day of .MV'AVv` 199Y (Must be posted for at least ten (10) full days before the hearing date). A photograph or the posted sip is attached hereto. (Attach photograph here)S,imature Signed before met s day fz 199 b WITNESS MY HAND AND. OFFICIAL SEAL My commission expires :ammingulall C M1 YVIV11VIIQVIVII up-IRES y1512000 Notary Public Notary Public's Signature EXHIBIT N V N V N V N V N V N V N V N V N V N V N V N V N V N V N V N V N V N V N V N V N V N V N V N V N V N V N N N N N N N N N N N N W W W W W W W W W GJ W W W W W W W W W W W W W W W W V W V W V W V W V W V co V W V W V W V W V W V W V V V V V V V V V V V V V 'V V V V V V V V V V V V V V V V V V V V V V V V V O V O V O V O V O V O V O V O V O V O V O V O V O V O V O V O V O V O V O V O V O V O V O V O V O V O O O O O O O O O O O O O A A? P A? 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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: February 13,1997 City Council Meeting Room Time: 4:00 P.M. Owner for Variance: Name: Mr. & Mrs. Tom Lewis Applicant for Variance: David Panico Address: c/o David Panico,1533 Juniper Hills Road, Aspen, CO 81611 Location or description of properbq 935 Gibson, CO 81611 Variances Requested: Applicant is requesting a Variance of 18' in the Front Yard Set Back from the Public Right -of -Way to construct a garage. Will applicant be represented by Counsel: YES: NO: The City of Aspen Board of Adjustment 130 S . Galena Street Aspen, CO 81611 Charles Paterson, Chairman CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE A N �; A� �-2� 19 T APPLICANT MAILING ADDRESS CASE PHONE �+ - + Y OWNER M �Z , ► ��, �,� + ; �, : ,, 1 PHONE - MAILING- ADDRESS --9L), � �� LOCATION OF PROPERTY ,' 1b1 ) 6 1o*L\l C . (Street Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL' YES_ NOX Below, describe clearly the proposed variance, including all dimensions and justification for the variance. (Additional paper may be used if necessary.) The building pe~init application and anv of other information you feel is pertinent should accompany this application. and veil be made part this case. 6 &AFL-1 C6N7" A \/.a?-1 6-N6F CF l b� 1 N -tom �t`r YbZD cck�7,u. -ro Au.oL \i COWA"F—,UCTtC M Cj' A Gt;1�.�4Gt hbD U)F- EEDZCCM . T tG GTV-7"UC.T� CAM N0-r OF, C0Nc7T9LCtr-D HI482E ON1 T14E- LOT CAE TC) THE FA&r -MAT--MF- VIP i'�7 916ELT 15P T3 ,,a &0 ( (Z16 WF CF V-t&V Lam ! N i iM16 G t &�2CN &VERB • T4r-- P-i6 HT WAY C W&NED NI-P ...4E Pam' JOLJI rats TfZ,4WtUL'&C- f3S'26&L .&WITS PEQ-," �PZEfl 5era,\,rAL,. c:aTt�5 'VEe�Z 1,I NIVrED &v i tAD t N6, � N yr 1-GP'F- APP b _ REASONS FOR DENIAL OF BUILDING PE RI , BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTNIENT STAFF. . DATE PERMIT DENIED OFFICIAL DATE OF APPLICATION HEARING DATE wu*, -Owl IZ "T'. A— _Av . . . . . . . . . P i L -1-1i -.IN -JAY 04: Rr; "If _f - A 4t,�: 4 - � _ , , - - "QQ. -. , CK i ­, z lot USA Y; vs six >lips P� nj, -Now ov"Psy MIN win muj a ADATt-OPAS U !mow All, &At Yoga Mot WIWI v to J7 man not'. .777 ' .,. _' -..� �,•.y, .�- ,. ,,.. , ._ ,. ',.. ,., 'ter" - - - - _—....�__._�_ __ 3 1 r �`�� � �' , it'} � Y \ �{4� �� � l +.�.�.w.� r.i .w �,. �r r. ter• '�ww� r �... �-..�,�—� '...ter - - � I r � *q r /1 © ¢, t .fF'�' y = `w°�f . 3. L- 6• d 7. 3 3 X4 4r ). r � PHONE 970 923 5394 FAX 970 923 1260 BOX F•3 ASPEN COLORA 81612 DATE OF ISSUE REVISION DATE IHI �le E 7 0 F -1