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AGENDA ASPEN BOARD OF ADJUSTMENT COMMISSION Special Meeting Thursday, August 21, 1997 at 4:00 p.m. 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 #97-07 (Crum) 991 Ute Avenue, Aspen, CO A (foot . inch (' ') east side yard setback variance to allow for construction of a second story bedroom. o� B. Case #97-08 (Paterson, Boomerang Lodge) 500 West Hopkins Street, Aspen, CO A two foot two inch (2' ') rear yard setback to allow for construction of an elevator.` C. Case #97-09 (Bellis) 941 East Cooper Avenue, Aspen, CO To temporarily relocate and store a historic home of approximately 800 square feet from 1008 East Hopkins to a vacant lot at 941 East Cooper, City of Aspen (East Cooper Court Condominiums, residential site B, parcel 1) for a 90 day period. VI. ADJOURN le x (41 NOTICE OF PUBLIC HEARING CASE #97-7 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: August 21,1997 - City Council Meeting Room Time: 4:00 P.M. Owner for Variance: Name: Tom and Cathy Crum Address: 991 Ute Avenue Aspen, CO 81611 Location or description of property; Applicant for Variance: Warren Palmer P.O. Box 2684 Aspen, CO 81612 991 Ute Avenue, with a legal description of Lot 1, Ute Addition to the City and Townsite of Aspen, except the West 13 feet thereof. Variances Requested: A 6 foot 4 inch east side yard setback variance to allow for construction of a second story bedroom addition. 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 ►,iT�uC�77,\�I�1�1►�i TO: Board of Adjustment THRU: Julie Ann Woods, Community Development Deputy Director FROM: Sara Thomas, Zoning Offic ' RE: Tom and Cathy Crum, 991 Ute Avenue DATE: August 11, 1997 SUMMARY: The applicant requests a variance from the side yard setback dimensional requirement in order to construct a second story addition onto an existing single story element. The proposed addition would encroach into the required side yard setback approximately 4 feet 6 inches, requiring a variance to permit a 5 foot 6 inch east side yard setback. The single family residence is located in the R-15 zone district, which has the following setback requirements: Front Yard - 25 feet Rear Yard - 10 feet Side Yard - 10 feet The existing structure is currently non -conforming with regards to the east side yard setback. That portion of the structure was built in 1978 when the side yard setback requirements were 5 feet instead of the current 10 feet. The addition of the second story is considered to be an expansion of an existing non -conformity. The permitted floor area for the 4402 square foot parcel is 2792 square feet. The existing structure contains approximately 2420 square feet of floor area and the proposed addition would add approximately 234 square feet. The total floor area, including the addition would be approximately 2654 square feet. Existing and proposed square footage will be reverified at the time of building permit. The residence at 991 Ute Avenue was previously granted a variance in 1981 which allowed for construction of a deck within the front yard setback. Minutes from the meeting are attached. The applicants are also proposing to rebuild and repair the deck, which will not require a variance. Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance. Response: Granting the variance will not confer special privileges to this parcel. There are special conditions on this parcel in that it is a non- conforming lot in regards to both lot width and minimum lot size. In addition, the structure is non -conforming due to a code change which increased the minimum required side yard setback. These conditions were not directly caused by any actions of the applicant. 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 side yard setback variance request to construct a second story addition with an exterior stairway. RECOMMENDED MOTION: "I move to approve the request for a 4 foot 6 inch east side yard setback variance to allow for a construction of a 235 square foot second story addition, and an exterior stairway, at 991 Ute Avenue, finding that the review standards are met." RECORD OF PROCEEDINGS Regular Meeting. Board of Adi ustment July 7 , 1933 i. ' 1 '- T , c.eI;Cwf_aS -1 _ Idii0� __ .\_-:J- 7•_.r1i - in _Z':or► iJOLioln ,arr_a .. CASE 8 3 -.10 CRUM FL n7 .=1 :.V ja! h1 ��.5 p 7 �.. :3� -. r '� •': r J e > .:. C 1- a,-' C •> ; S J ,.. .. ^� ,�-� c� r-. � � l� 7 ,.. /'1:� 1"T.T 3/y %1 +^� .r � � 1 .. 4 --)1 • .r _ -•. .- .� V v v v 1 •-a _ 1 J • .J L •_.. 1 t+ • . tir r _ a • J .- .. bu(i and accessory' bc 46 10 E J � J r- v� t � f 'e J. L e .� J L. .:a L I _ `J • \,. r i1 ...: r ;, l.. ;^? .� L t- i i 1 1 v :r al L .1. '.�''. �~ u Z 0 a r cam. ? 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L a. . a .=+ �. a?C Crud j S a SU7St??� �.. �7 � r0 � � rtT7 ritg' enjj ove,! b - of :�er '�rJ�:FY'::i':? in the s-.me Con -a an0 a_.::. Cr s i s a i he : ea 3 �. .0- reasons for gr?nt'Li? a T7 '.=nce u clar t:.e COCe. C-!:U,.l t(-ji. .- 30r ti?e1 ??°� au�'ot 3e :OC: S�OLt7 �E' r00�:! ���•-..E ti.: �l'lt� J inspection, istior►r it, was nOti�C= L'-'3 t- the shed ?.,� �nS tn j l_�' 2- S,' t'0aC:• . Cru:il tole L ie Board ese -Fier'^ ' -fin he`p i n I-' term �i s na � �,� �:1 .�• Ly . locations for eig''_t � a:, r s .=1d7cZC�:1i U aS;ieCl about- t ?'? Sli:��' G J _ dour C_!1der ru-: Sc.id he woiu1 d b`e t�li j.i�ig to Z'? ►^7:aetd down . I. 'Li i ?e t% �4 r __1_ J s o L.?ia.! e 1 0 TT l :J i. 0 0 2 a `- a to t1?•? ,JiCT'Ci e 5i??t�. 'T_liL?:tier said it iS i iCL'it T,7 a l)l icant Comes to t_ie soar.: a_ per the - a ct m.n L s:_... o _ � r?hit•a'�`r said '?e feelsl�rri� f ! a _� (i a. 3- 1 a `� c.! 1 ! t Ii e r �d1 e � .. .~.'i l- ? t t t. e o .�a .-1 i �.. a �. 4 o lea • ID .� '� '� .�a..: r•. 'j :J e t ' a I' J r- .��a -i tom. r .i �'7e' ya! �>1.J �.^.rs.S7 ia1 i�i1 1. 1.^� Cam.:? �. C U1.1:7 over 7 ra. T';h ta:.er jai 1?e I.S :1Uc?.? ti`Jre o-n— rlZ__. Wi" .L ..T�"I;+ '7o= ..?_ O!:t i. I�re J ate cent 710_0TDerL'; Cw n r-s b 0 tln in f avOr . `_'11'.. 310---1:rc IOC::'_'`: a 5 RECORD OF PROCEEDINGS Regular Meeting Board of Adjustment Jule 7, 1983 Ij :,�3. c:losec: t_e tu�l _c .1--.r�.nc L ann saiu see fe`ls _: i� 3 I r�'.shJ* is t_li S c?:; � i= n'1� rr', ?r 1nlO' TO'i 1nZ ,,aw 1 o� t__e s:,u..i2nne.ss. _� _ �.7s = :1 ar:C, tJ':il'�inQ 1. S'Je nor ',i. ;C'�'�;�LS •'-::? 3�_ := Cru::is 'sha-7e notr �t__e �l_:�_ to r::or azi se anu 'rJ O :i , \.l b ry s l::� u l.. ? .. �. i �. ] U S L 1 c C O -, t_ .I ,ri O a r a t II V r li s '� ^i ~ C r -+ ' f t n cOn Skid i1L i.O'� S no - 'Know this W a s n j 1 ,Z..Lavagn�6.r to:taie :1" 3 O 7n�= 'Tar__�I:C� ;ll :? :C1L?��; t_::i �O vi�Ie O�t_O:'_;, L �_? 2 aiJOt�`. Lavaq i=n) J i r - �a 1 SVT"i ii r. a ._� su•�1 of .-... ._C _L1t' - no L_��J :1 • a•r 'fir, _.'�v can ot� iO.a ass-Ji J� �'L• _1 ___v -�- t:?? 71OJ=u S �Cu! =_J �I r_ia--ec? in on .. 1 ., y - J ._ - 'r {-..i- L.. � �r,ti7 r � �?2.��i�:i1.� �~ v 1 �� � :�1l.t.� / �.1� S Board Ca_�? JuSa :J :at :?aS b e0:1 _.a:�=�E? ?l:? a ? ;y 1=..��z_i= r to S 'j a r 13nc . 'lane Cal:": she �-7ant-s O �i �.:i.. � l_?i.I;JO `� �L"_-L111�• _�i_ -1: - - -- - r .-� r, ; becaus os�eciai c�_.cT.:^sta s?s, one o_ r�li tl i:: reIo.�i:� t,e a_1?c!S has beer. a surd:... occurren e. 1-_ann s�.ld t__� o..._ � _ . a_Io;q ;or ett`r planr.l^c on reno��in-9 tze s?eds. lnOth�r c__cu I- �nc:� i tA:at TJCe �.-.=�na� is a s_cecia1 olacm anc: t?t� o<�rM �?��o j, y- 1 -r T - Avenue. T tT -, ,-r r, ; ?••� .-• "1 -; : , 1..:.?1a o sea What is Oil �, �C'�. JJI. r7yai_. O Ca :L, the a'orlica Its built t':ls S.ad eight vears ago and Tlav,:? ;�te�n a L The a rinl scan t neecl� 'Co a�-1-jjust a st LC teari " GiCC1,�St0%le�.. t0 U�1;1g� 1 �. - _ _ 1 the s_leCa co%n or retie_ i:Il:1a t I� C1S�'. "a nn sai... tom:? '.1.se O__ t•==-S ns"I'm Inas not bee.,-, for s -orag` but as a plac? for rmeLilCatlon. L ,. , ,- , a,T , bo.e n _ '°7l�.ta„er said there are t,7o strucL.ure� :ehi._h �, , n a ght _Tears °lit;out a uilcaing nerdt. Vaesro, do not con:=or_� to t.-_e build 4 ig COt e :noL t:?� SOt�7taC:CS; t`:e�T j'l`r�' OC _;O_W" Oi"_ a. ,.� T.VtT i��_ t0 :_:tC Juli ln� C°S?7a�t:1.-ir - �Zv�a �.it� L ��C -U r V g i a � r �� 1.1, ' �;.t0r le _G•are7 �Sar r salt �`-�"�orar�,7 7ari`- Ides a.�? ;)os i�%r'� ar:a _,;o e%^ _?�.' Lt.7_. ,S l� t il.� Case. ?I.:� S . Y LI :Llr O harJc''-e t:1e_C'. eight ;�:earS us3r1 ?yrSe'a t h2 :?eye=ebor'loOC S.�`eCi _lam CaSO. ''i ?i ta�er S,.=• 1� c:oec 1 oL c.�e_L t.h-L oar .' S'_'a0'I' t, i '- J.'.OLt e2r t i.t a .. O ?---"nar s ,a L r ^ *'^ t.+? Lam, -•`�� uil�aiilC COCi''• ij �aqn �. l reC':.tr'b'.-J ? and ::oes no moo::_ o r-.A �,c tila`_ li' t_?l c cr` �-i.aC� i r*i .:it'ed t':Ia t It :e`_' rCCOr:?� SO tt-_�i: j• J 1 this is r e r 7i u Ln a _soar. 7 RECORD OF PROCEEDINGS 100 Leaves June 11, 1981 BOARD OF ADJUSTMENT MEETING 4:00 P.M. Members present: Fred Smith - Acting Chairman Charles Patterson Josephine Mann John Herz Fred Smith -Re-open Continuation Case 81-2 Thomas & Cathryn Crum are the applicants Location is Lot 1 - Ute Ave. Thomas Crum -Our A -frame was built in 1963 (pre-fab plywood quickie A -frame). A couple years ago we had extensive remodeling permit brought it up to more of a living situation for a family. The last remaining eyesore of' the property was the front deck. We replaced it with a Redwood decking. There are reasons for granting the variances, as found in the Code. Four reasons apply. The problem in question is this corner of the deck(seeillustration) it is 30 inches high - We inquired with the neighbors; The Gant, Fitz Benedict and existing neighbors on either side of the street as to the particular situation. Cathryn Crum -You have seen the letter from Fritz Benedict... Charlie Pat erson-(reads letter) I would like to go on record of saying that I approve of the non -conforming deck which they have partially constructed on their residence of 991 Ute. Ave. I encourage you to allow them the variance in order that they may keep the deck. Sincerely Frederick Benedict. Caty-Corner to that is 'Little Annie', the proposed Ski development. We have a letter here signed by Dave Farney, and in addition Tom. Fisher is here. John Herz -(reads letter) I represent 'Little Annies' Ski Area Development built on the lots located diagonally across the street from The Crums I would like to go on record as saying that we do not oppose the extension ... I encourage you to grant them a varianceto let the front deck remain. Sincerely, David Farney. Tom Fisher -We have examined and looked at the variance requested and find it not (Little Annie only acceptable but, enhances the appearance of our property . Ski Corp.) We have no objections to this. It has been tastefully done and there has been no malicious intent there and we encourage you to grant the request. John Herz -(reads letter) I am in favor of the deck Thomas & Cathryn Crum have constructed to remain... Sincerely, (Neighbor ) Cathryn Crum -Molly Cambell of the Gant gave a verbal agreement to the structure. Dean Billingslong time resident, I have no objection to the deck... Bill Drueding -As Tom just admitted, he did extensive remodeling a couple years ago (Bldg. Enf. Off.) so he knows about the Building permits. He committed two violations: 1. Expanding a non -conforming use. 2. Building without a permit. Fred Smith -I have some problems with whether this is a structure. In other words he could have built a patio, 6 ft. high fence etc. Bill Drueding -30 inches needs a railing. Fred Smith -I recognize this alittle bit different than someone that goes out and builds an extension on their house. Charles Pat erson-If the party took dirt and piled up against the front of the deck to floor level and built a burm would you then consider it a structure? 'A HOECKEL 8. 8, 0 L. CO. RECORD OF PROCEEDINGS 100 Leaves FORM C. F. Page 3_ _ __ BOARD OF ADJUSTMENT MEETING Cont. -We are probably going to leave our steps. Cheap Shot building will not be here next year. This wall for display. So were trying to get your ideas of haow you feel about displays. Fred Smith -Are familiar with that section of the code that says no area of a building site designated as requiring open space, under this section shall be used for any commercial activity., including but not by way of 1 limitation the storage display and merchandising of goods provided however with the prohibition of this sub -section shall not apply in Such use as with the conjunction with committed commercial activity., on a right a way. Myopinignis that it seems that this is not the appropriate body - It seems to be a planning dept. function. I don't think it is in our ... You must demonstrate hardship or practical difficulty. You are asking us to circumvent the Aspen sign code which is very limited on permit ed signs. Although a map of Aspen might originate there it is very difficult to control what later turns out to be 48 listings. Josephine Mann -What are the measurements of the map? Evan Beings -We don't have those yet. Charles Pat erson-I like the idea of getting people off the sidewalk and getting them up on an open area. Here you have an open space requirement and its not usable. The only thing that bothers me is if it.is a Billboard, then I would be against it. Bill Drueding -It must identify the business. Josephine Mann -It sounds as though you want a glassed in bulletin board. Evan -Yes, and I'm wondering if that falls under ... or if we have to term it something else. Sunny -You would have to go through HPC on this also. Major change on exterior side wall. Evan -This is what we are trying to do and we are not sure how to do it. Fred Smith Paul Taddune Fred Smith Josephine Mann Fred Smith Josephine Mann -I feel that this board is not the appropriate body to grant a variance for this. I refer you back to Sunny Vann. I feel in order to do this you will need a Planning Department recommendation to City Council -Looking at it aesthetically, I like. the result but unfortunately this doesn't allow it maybe there.is something wrong with the Code I'alther than your plan. -The Planning Department and the Legal Department can dream up language that will so restrict another applicant that yours might be acceptable. -There is no record of the vote in minutes from last meeting. -Unanimous vote -I move that approve the minutes i Charles Pat erson-I second the motion. John Herz -I Fred Smith -I Charles Pat erson-I Josephine Mann -I RECORD OF PROCEEDINGS 100 Leaves Francis Whitaker - I move that the variance be granted on the grounds that practical instruction difficulties have been demonstrated and that other property owners in the vicenity enjoy the same property right regarding the set -back. John Herz - I second the motion Fred Smith. - Your request is granted. Second Case - 81-2 Thomas & Cathryn Crum 991 Ute Ave. Fred Smith - Application is made -for a building permit to permit a four foot addition on a non -conforming deck. The four foot addition on an existing six foot non -conforming deck extend within fourteen feet of the front property line. The required front yard is twenty-five ft. See area 24-3.4 area and bulk requirement minimum front yard R-15 zone district. . This is lot one Ute addition City of Aspen, except the Westernly thirteen feet thereof, subject to any mineral reservations and exceptions of records and sub ,Ject to all existing easements and licenses right of ways, pipelines, poles, water lines, etc... Fred reads letter from Cat firyn(enc.losed in last Bd. of CAthryn -It is not quite completed —here are some photographs. Fred Smith -We need a demonstration by the applicant of hardship or practicaT� difficulty. Any thing hard to do is practically difficult. Francis -I would like to read that letter. Josephine -Your original Bldg. permit ... you did some of the work then Cathryn -Work done a year ago in the fall. Josephine -This is very nice looking- you did a very nice job. Smith- you are surrounded by high density housing with.afive foot set -back. Cathryn -The Bldg Dept. thought we were R-6 at first which would have been great for us. . Smith - How far can an uncovered deck go? Clayton - An uncovered deck can go four feet into required yard. Francis -The question I have to ask myself If you came in for a variance for this and had not built it yet. I wonder if we would grant the variance? Is there any one of the criteria that you could have thought of if you had brought this in for Practical difficulty, Hardship affect on the general plan and whether other property owners are enjoying the right which you would be denied. It puts us in a difficult position regardless how much money you have spent and how nice it looks. We made one person one year take off part of a structure that was built and to grant you approval for something you built which is not legal... Are there any ground that you can think of that you are coming to us now with out having built this that you think would make us grant you a variance? Cathryn -I want to point out the existing pad...and all we did was bring the deck out to the end of the pad. Francis - The pad isn't a structure. Convince us that there are sufficient reasons why we should grant you a variance. The main point is that you have made a mistake by not finding out about the requirements Josephine -I would like to say that I amin favor of granting this variance. This adds to the beauty of Ute avenue. The set back requirement for that side of the street presents a difficulty. I think it is in your favor that you did have a building permit for your initial remodeling. Francis -This is a differnet zone than across the street. There are different set -back requirements. Fred Smith - Actually Francis, there is an interesting part of Code that says: Where the line dividing two zones then the restrictions along that line should be no greater on one side than the other. tie sect --backs apply on both sides of the line. If this were a structure in the fact that it stuck out further than other peoples houses., since it is only a deck, or a raised platform ... Josephine- I call it aminimal request. Fred Smith - Definitly. Francis - I'll state frankly that because of the fact that last year we made some- one remove stairs because it was built without a permit:.. JAMES M. DEFRANCIA 17 Ute Place Aspen, Colorado 81611 Members, Board of Adjustment ATT: Sarah Thomas, Secretary City of Aspen 130 S. Galena Street Aspen CO 81611 RE: Crum Residence 991 Ute Avenue Members of the Board: RECEIVED =4 ► U 191/ COMMO�,. r ` K NIN August 1, 1997 -As an adjoining -property owner, please be advised that I support the request for a set -back variance for the referenced prpoperty which variance is requested for the purpose of a 228 sq. ft. addition. SUSAN FLEET WELSCH 10 UTE PLACE ASPEN, CO 81611-2162 (970) 920-2003; FAX (970) 920-2066 E-mail: welsch@rof.net. July 18, 1997 Ms. Sarah Thomas Board of Adjustments 130 So. Galena Aspen, CO 81611 Dear Ms. Thomas, RECEIVED i m 2 1 1997 ASPEN / PITKIN COMMUNITY PEVEkOPMENT I am a neighbor of Tom and Cathy drum and see their home every day since my husband and I are full time residents of Aspen. We drive or ride bikes by their home anytime we are going to or from Aspen. We see no problem in the least for the City of Aspen to grant a variance to the Crums so that they would be able to add an extra room onto their home. They have the smallest home in the neighborhood at this time and by adding this extra room they would gain very little additional square footage. In -addition, they would be improving their home, and they would also enjoy the benefit of having an extra room for their new grandchild. Please consider their request for a variance, and if you need the OK from other neighbors here at 1010 Ute Avenue Subdivision, I would be happy to help in any way that I can. Thank you for your thoughtful consideration as to this matter. Sincerely yours, Susan meet Weisci� Itce WE WARREN L. PALMER Architect P.O. Box 767 BASALT, COLORADO 81621 PHONE (970) 927-9442 (Basalt) FAX (970) 927-9442 + 11 PHONE (970) 925-2776 (Aspen) ❑ Shop drawing ❑ Copy of letter U Attached s ❑ Print Letter of Transmittal Q2 t (477-1 r via the following items: s ❑ Plans ❑ Samples ❑ Specifications ❑ Change order ❑ neTC tern DESCRIPTION PIN WAXI Y ME W3 MOO F THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints For review and comment— ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY T07M -4, cglgq r'Z&A SIGNED if enclosures are not as noted, kindly notify us at once. Cyr OF ASPEN BOARD OF ADJUSTMENT T DEVELOPMENT APPLICATION DATE (GO 192 rj APPLICANT Tom ¢ Ca*Q �r`Q'VY'X- PHONE tiL4II1NG :4DDRHSS (A±P pys p� CASE OVTNER f PHONE it v� 4 LJ LOCATION OF PROPERTYc (Street, Block `dumber and Lot 'umber) �VUri V. CU BE REPRESE:�tTED B Y CO%TNCIL? YES NO V rrr ■w - Below, describe clearly the proposed variance, including all dimensions and iusrSicacion for the variance. (Additional paper rnav be used if necessary.") T'ne building pen t application and any ocher information you feel is pertinent should accompany ',his application. and will be mane part of this :.use. Applicant's S REASONS FOR DENIAL OF BLUDLNG PER -MIT, BASED ON TEE ASPEN CITY CODE, CTLkYMR 24. AV OPINION CONCE NING'TR S VARWNCE WILL BE IPRESEN'M TO THE BOARD BY 'TBE ZONING DEPARTMIENT STAFF. DATE PER.N= DEN ED OFFICIAL DATE OF APPL,zCATi N ,� _ HE-AR2'G DATE WARREN L. PALMER, ARCHITECT BOX 767 BASALT, CO. 81621 31 July 1997 City of Aspen Board of Adjustment c/o City Zoning Department 130 South Galena Aspen, Colorado 81611 RE: Side Yard Setback Variance Request for an addition to the Tom and Cathy Crum Residence, located at 991 Ute Ave., Lot 1, except the West 13 ft. Ute Addition to the City of Aspen. Dear Board of Adjustment: My clients, Tom and Cathy Crum would like to add a second floor bedroom addition, containing 234 sf, to the east side of their house. The addition would be placed over the existing kitchen area on the first floor. The first floor addition was completed in 1978 when zoning for R15 required only a 5 ft. setback at that time. (the current code requires 10 ft. side yard setbacks) At the time of the original addition, we projected the kitchen addition 4 ft. away from the main house, which placed it l .ft. from the required 5 ft. setback. The intention at that time was to add an additional bedroom above at a later date. A one story family room that was also added in 1978 to the west side, received a second floor master bedroom in 1983. The addition of the bedroom to the east, over the existing kitchen, requires the following variance: 1. The bedroom addition would encroach into the 10 ft. side yard setback 4.2 ft. at the northeast and 4.6 ft. at the southeast corner of the addition. (see sheet A2 and A4 for illustration of the encroachment) 2. We would like to add an 18 in. roof overhang on the new addition, on the east elevation, to provide protection for the windows and to match existing overhangs. (see sheet A4) 3. We would like to enclose the existing metal chimney flue in a 3 ft. X 5 ft. chimney -stack with wood siding. This would encroach approximately 6 in. into the east side yard setback. (see sheet A4 and sheet A5) 4. We would like to add a 3 ft. wide exterior stair from the second floor addition to provide legal access and egress from the bedroom. The existing spiral stair in the house does not meet current UBC access and egress codes. This stair would encroach approximately 4.6 ft. into the east 10 ft. side yard setback. We will turn the stair into the rearyard as soon as possible, to minimize the encroachment. (see sheet A4 and sheet A5) 5. The existing wood deck on the north, which had a variance granted for a front yard setback encroachment in 1983, is deteriorating and my clients would like to rebuild the deck in the existing location. The new deck would be 1 ft. less in depth and would have radiused corners to lessen the existing encroachment. (see sheet A2) The variance is required because: A. The original zoning dimensional requirements for sideyard setbacks was changed from 5 ft. to 10 ft, which makes the addition over the existing footprint require a variance. B . The lot is of irregular configuration and in combination with the side yard setback being increased to 10 ft. from the original 5 ft., it has reduced the allowable building envelope to 20 ft. on the front of the site. C . The narrowness of the site and the topography of the property to the east precludes accessing the rear of the site for the addition. The Crum Residence Variance Reguest 7/31/97 Page Two The granting of the variance and allowing the second floor bedroom addition to be placed on the existing kitchen would allow the following: D. We can use the existing foundation which will lessen the impact on the existing landscape on the small site and the disturbance of the adjacent property to the east. E. The second floor addition to the east will visually balance the second floor addition to the west, which was added in 1983 and was our original concept for the house. (see sheet A5 and attached photo) F . The addition and continued use of the property as a single family residence is consistent with the zoning and the goals of the Aspen Area Comprehensive Plan. G . The addition is the minimum variance possible for the bedroom use. If the width of the bedroom is reduced, it will not satisfy the UBC requirement for minimum width of habitable space. H . The mass and height of the project, with the proposed addition, is still considerably less than that of any of the adjacent parcels. Sincerely, Warren Palmer To The Members of the Board of Adjustments From Tom and Cathy Crum June, 1997 We have been plagued by an ODD -SHAPED LOT! For the*22 years which we have owned our home it has required exceptions: 1. As the original survey shows, a large corner of our original - cement pad driveway (exhibit A) fell on our neighbor's property. It served as our driveway for 21 years, until last year when a monster house was built next door. We signed off on our right of adverse possession (exhibit B) at that time, in 1996. 2. We applied for and were granted a Variance to build an extension on our front deck in July, 1983. This was granted because the Board of Adjustments agreed that our odd -shaped lot was in fact a hardship. It is just really hard to squeeze our house onto our irregularly shaped lot. Here is how we have done so far: 1975 - We bought our A -Frame (exhibition E) for $45,000. 1978 - We were given approval for a two story addition which included the second story east side addition presently under consideration. Due to finances, we were only able to complete the first story addition. 1983 - We added part of the west side second story addition. 1984 - We added the other part of the west side addition. 19? - Zoning regulations changed. 1997 - We are ready to complete the 1978 conception by adding the 228 square foot addition to the east side, but need to be able to have the walls match the first story walls, or else it will be too small, and look very funny. This is why we respectfully request a Variance. Very Truly Yours, Cathy Cru Tom Crum N V N V N V N V N V N V N V N V N V N V N V W N V W N V C.W N V co N V W tV V co N V co N V w N V co N V W tN V W IV V W fV V W N V W N V w N V W N V W N V C.a N V w N V W N V W N V co N V C,.W N V w IV V co N V W tV V Co N �! 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END ST. P.O. BOX K-3 ASPEN, COLORADO 81611 (303) 925-5000 August 18, 1997 Charles Patterson, Chairman THE CITY OF ASPEN BOARD OF ADJUSTMENT 130 S. Galena Street Aspen, CO 81611 Dear Mr. Chairman and Adjustment Board Members: The Gant Condominium Association and Management have reviewed the proposed construction plans for an addition at the Crum residence at 991 Ute Avenue. We find the addition to be unobtrusive, very subtle and in keeping with the character of the neighborhood. The addition is on the side of the house adjacent to the access walkway to The Gant's tennis courts, and the Crum's have landscaped this area very nicely so that the house and the walkway each have a maximum amount of privacy. We do not believe that the addition which is just a second level onto the existing kitchen area will in any way impact The Gant, The Gant's tennis courts, or any other area of the neighborhood. The Gant would support approval of the application. 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Uv. o P, Z3 a: o z < Cl V, L w "0 NOTICE OF PUBLIC HEARING CASE #97-8 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: August 21,1997 - City Council Meeting Room Time: 4:00 P.M. Owner for Variance. - Name: Charles Paterson Address: Boomerang Lodge 500 West Hopkins Aspen, CO 81611 Location or description of prop Applicant for Variance: 500 W. Hopkins Street, with a legal description of Block 31 Lots K,L,M,N,O,P,Q,R and S. Variances Requested: A 2 foot 2 inch rear yard setback to allow for construction of an elevator. 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 MEMORANDUM TO: Board of Adjustment THRU: Julie Ann Woods, Community Development Deputy Director FROM: Sara Thomas, Zoning Officer RE: Charles Paterson, Boomerang Lodge - 500 West Hopkin DATE: August 12, 1997 SUMMARY: The applicant requests a variance from the rear yard setback dimensional requirement in order to build a structure which will house an elevator and a laundry room. The proposed addition would encroach into the required 10 foot rear yard setback by approximately 2 feet 6 inches for a length of 16 feet 4 inches, requiring a variance to permit a 7 foot 6 inch rear yard setback. The lodge is located in the LP Overlay zone district, which has the following setback requirements: Front Yard - 10 feet Rear Yard - 10 feet Side Yard - 5 feet The existing structure is already non -conforming with regards to the rear yard setback. The addition of the elevator structure is considered to be an expansion of an existing non -conformity. The permitted floor area for the parcel is 27,000 square feet. There is ample floor area available on the property to permit the addition of the elevator and laundry room. The proposed addition would eliminate 2 off-street parking spaces, however the lodge will still be providing more than the required number of .7 parking spaces per bedroom. Existing and proposed square footage. will be reverified at the time of building permit. Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance. APPLICANT: Charles Paterson, Boomerang Lodge, LTD. LOCATION: 500 West Hopkins, Aspen, CO, with a legal description of Block 31 (Lot K,L,M,N,O,P,Q,R,S) Response: The existing lodge structure is built to the rear setback line, and encroaches beyond the setback line in some areas. The constraints placed on the property by the location of the existing structure, as well as the need to provide handicap access, appear to be unique to this parcel and granting the variance will not confer special privileges upon the applicant. 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 rear yard setback variance request to construct an elevator and laundry facility. RECOMMENDED MOTION: "I move to approve the request for a 2 foot 6 inch rear yard setback variance to allow for a construction of an elevator and laundry facility at 500 West Hopkins, finding that the review standards are met." CITY OF ASPENi BOARD OF ADJUSTi1�l�i'T DEVELOPMENT APPLICATION DATE ro 19i CASE APPLICANT CofP L E-S `P471M5Q ff_ 006 AV 6 PHONE Z.. MAILING ADDRESS �© Q W t 1401ajO; V` 5 OWNER 00 ItIeWAWth 0 PHONE �`� S= 3 16 �a� l�1AII.ING ADDRESS (� 1EoFkltvs PaV c,->o Pt 6 t/ r LOCATION OF PROPERTY Oa'�e . 14 kf- k eu . JC'L.j'!Wd P !e ms (Stree , Bloch Number and Lot Number) WILL YOU BE REPRES c_N- T= BY COUNCM` YES_ NOX . Below, desc:itie clearly the proposed variance, including all dimensions and justification for the variance. (Additional paper maybe used iff necessary.) T'ne building permit =viication and anv other information you 'reel is eminent should accompany this application. and will be made part or this case. �i o� i I D s. '� ,8 c Bc.� .i - 'Fo I'm Ups ,¢> 1—p % Jac c c� S !.�/�e'.� r 8 U/ v4R[,4NCEr 2 r— Z 4 FR ©ref .4 LLB . 5e44C� Applicant's Signature REASONS FOR DENLU OF BUILDING PERINJIT, BASED ON THE ASPEN CITY CODE. CHAPTER 24. Alit OPINION CONCERNING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTN, IENT STAFF. DATE PERMIT DEAD OFFICIAL DATE OF APPLIC.-.TION 8 e� 19 2 HEA L tG DATE O d O .N 0 ff� � V: Oil (� C w r N C (lZ l 7 ' . I m �- �..�. � � 1 01% v r -4 7't-IP.- ON 0 7K l� SIM i, � O o � J tz LL ;, I Z � I K, W I E LL CA T6 NOTICE OF PUBLIC HEARING CASE #97-09 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: August 21, 1997 Council Chambers Meeting Room Time. 4:00 P.M. Owner for Variance: Name: Mr. Arthur Bellis Location or description of property: Applicant for Variance: Bill Poss & Associates A vacant lot located at 941 East Cooper Avenue, Aspen, Colorado (East Cooper Court Condominiums, residential site B, parcel 1). Variances Requested: To temporarily relocate and store a historic home of approximately 800 square feet from 1008 East Hopkins to a vacant lot at 941 East Cooper, City of Aspen (East Hopkins Court Condominiums, residential site B, parcel 1) for a 90 day period. 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 MEMORANDUM TO: Board of Adjustment THRU: Julie Ann Woods, Community Development Deputy Director Y � J FROM: Sara Thomas, Zoning Officer RE: Bellis - Request for temporary relocation and storage of an historic structure to a vacant lot located at 941 East Cooper Avenue DATE: August 12, 1997 SUMMARY: The applicant is requesting approval for the temporary relocation of a historic structure from 1008 East Hopkins to a vacant lot located at 941 East Cooper Avenue. The structure will be relocated for a period of approximately 90 days to allow for excavation and foundation work for a'residential project which is occurring on the East Hopkins parcel. The Historic Preservation Commission will collect a security bond from the applicant to insure the structure during the moving and storage process. The vacant lot that the structure will be relocated to is owned by the East Cooper Court Condominium Homeowners association. (See attached letter of approval from Bob Langley.) The historic building will be within the required setbacks during its' temporary storage period. The applicant is requesting that the structure remain on the vacant lot for a period not to exceed 90 days. Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance. APPLICANT: Mr. Arthur Bellis, represented by Dave Rybak LOCATION: 941 East Cooper Avenue, with a legal description of East Cooper Court Condominiums, residential site B, parcel 1 REVIEW STANDARDS: Pursuant to Section 26.108.040 of the Municipal Code, in order to authorize a variance from the permitted uses of Title 26, the board of adjustment shall make a finding that all of the following circumstances exist: 1. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 26.52.060(e)(4)(b) of this title. 2. A variance is the only reasonable method by which to afford the applicant relief and to deny a variance would cause the applicant unnecessary hardship or practical difficulty. 3. The temporary off -site storage or construction staging can be undertaken in such a manner so as to minimize disruption, if any, of normal neighborhood activities surrounding the subject parcel. 4. If ownership of the off -site parcel subject to the proposed variance is not vested in the applicant, then verified written authorization of the parcel owner must be provided. 5. Adequate provision is made to restore the subject parcel to its original condition upon expiration of the variance, including the posting of such financial security as deemed appropriate and necessary by the board of adjustment to insure such restoration. 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 for the temporary relocation of an historic structure for a period not to exceed 90 days. RECOMMENDED MOTION: "I move to approve the request to temporarily relocate a historic structure from 1008 East Hopkins to a vacant lot located at 941 East Cooper Avenue for a period not to exceed ninety (90) days, finding that the review standards have been met."