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HomeMy WebLinkAboutagenda.boa.19970918AGENDA ASPEN BOARD OF ADJUSTMENT COMMISSION Special Meeting Thursday, September 18, 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) continued from August 21, 1997 991 Ute Avenue, Aspen, CO A four foot six inch (4' 6") east side yard setback variance to allow for construction of a second story bedroom. VI. ADJOURN 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: September 18,1997 - City Council Meeting Room (Rescheduled from the original meeting date of August 21,1997 due to a procedural error.) Time: 4:00 P.M. Owner for Variance: Name: Tom and Cathy Crum Address: 991 Ute Avenue Aspen, CO 81611 Location or description of proms Applicant for Variance: Warren Palmer P.O. Box 2684 Aspen, CO 81611 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 4 foot 6 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 AGENDA ASPEN BOARD OF ADJUSTMENT COMMISSION Special Meeting Thursday, September 18, 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) continued from August 21, 1997 991 Ute Avenue, Aspen, CO A four foot six inch (4' 6") east side yard setback variance, to allow for construction of a second story bedroom. VI. ADJOURN NOTICE OF PUBLIC HEARING CASE 997-7 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: September 18,1997 - City Council Meeting Room (Rescheduled from the original meeting date of August 21,1997 due to a procedural error.) Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Tom and Cathy Crum Warren Palmer Address: 991 Ute Avenue P.O. Box 2684 Aspen, CO 81611 Aspen, CO 81611 Location or description of property: 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 4 foot 6 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 �I 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 A�,4 _ 4 t • d- County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATION State of Colorado } SECTION 26.52.060 (E) U. �,��,Zt�t�1 , 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 1991(which is � days prior to the public hearing date of i5z 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 i s day of 199 (Must be posted for at least ten (10) full days before the hearing date). A photo,graph of the posted sign is attached hereto. 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I NOTICE OF PUBLIC HEARTN-C CASE #97-7 Before thc•City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONIN OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Mode of Aspen of June 25, 1962, as amended., a public he 'ng will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other r lace 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 lei ter, particularly if you j have objection to such variance, as the Board of Adjustment will give serious co ,ideration to the opirdon.s of surrounding property owners and others affected in deciding whether to grant c r deny the request for j variance. i Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: September 18,1997 - City Council Meeting Room (Rescheduled from the original meeting •date of August 21,1997 due to a piro+cedurai error.) I Time: 4:00 P.M. Owner for Variance: . Name: Tom and Cathy Crum Warren Paln ter Address: 991 Ute Avenue P.O. Box 26 34 Aspen, CO 81611 Aspen, CO 31611 991 Ute Avenue, with a legal description of Lot 1, Ute Addition to the City and T)wnsite of Aspen except the Nest 13 feet thereof. Variances Requested: A. 6 foot 4 inch east side yard setback variance to allow for construction of a econd story bedroom addition. Wil applicant be represented by Counsel: YES; O: X The City of .Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 91611 Charles Paterson, Chairman MA MEMORANDUM TO: Board of Adjustment THRU: Julie Ann Woods, Community Development Deputy Director FROM: Sara Thomas, Zoning Office( 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. W-h g rt- o� APPLICANT: Tom and Cathy Crum, represented by Warren Palmer LOCATION: 991 Ute Avenue, Aspen, CO 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: Granting the variance will not conflict with the goals of the Aspen Area Comprehensive Plan. 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 addition will be of the same dimensions as the existing first floor and will only be slightly wider than the - minimum width required by the Uniform Building Code for habitable space (7 feet). The proposed exterior stairway will also be the minimum width required by the UBC. The property is constrained by the irregular shape and the non -conforming narrow lot width. (Required lot width = 75 feet; existing lot width = 31 feet.) 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: 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 Adjustment July 7, 1933 T'J'_1� Q`'_ c _ v=�� :017 v_.ri 3iiC ^> C -? - - O I �. in _x,. Ci ► mo .ion Czar. -Le']. CASE 83-10 CRUM r� ":Z1�:lO� �� a t_11S :�_i, r 1.: 1 -I e R-_15 p'� r:, .: i ...r raa 5 .._e-zt - o ?:. v.)_r'^.. ^ ``,,''��i C'�7?'�/"+•= 1:� ?.TUr1'l rjr ._:1`�,.� �1� 1r .._ .7J _7u l .? .:1 gJ • D:. .�V•___1�..• i..r ...r ,. . . bu_lninR and accessory- ::::�� c': eit,r';r set'.1C`:s. ^�"'u-t Ye3C l:?tter into txl? i..�:0_ L - L. }e soarr� a?IOjJ t'1 r'�" ^, t- ' 1 0 foo, -' .`'+�i'�=_':: _.:_ s e-1c'? O r i1e�:'-^� _,T �Q:: Qt :a-a`ler' to `� s..�'jac'' 1ar-� rru� Sa� .. �=__� Ci �i li .?r? �• ti.�r� �a':)�. �•1;30 7!7 � v i7 -vr 7 �._tv �' __ � �Yi C�• s� i, t�_ s s1?d a'iv"r ti'' �T a^ 0.- tile CG"'rJt•_: e.^.� -; ?._ __ �_ ii l• ne S, edi ;:`�j: _? 1 lU 1 a _ ••� (,, �1 S • r :i e Y U j a 1 J ._ -v v r •� L a �.. 1 1 n C t 7 :.l 1, o -1 l.'.1 _ .J? '� ,_ _� i •J.� �- - Z i .^_. ^ J• •t �+ ^ ; i _') T L � =? T - ,'� :-, ! 1 1 - '• + , � 1 _ne Jo .._!_J •10:1 tr 0�V'c 17 i • vi .: ,i._ - -� '� 'y .) t. t1 j r 11 s _ n T1 e .=• . v� y -T 1O tr �1 a1: _ it wua� w .1. - Q1. ♦� Lv�..1 t� �li�� • 1 otii0 Jf_e ' ,e -' r.F r 11+71.1a roo:•;1- att a c he< i not Tay �:__:� setaac'..s , an6 ^ r o'Daaly io? al" -•� � f"1 ? L - = ^ =� r t T ' a -. i. ^� t. O may, i ! -1 :.J, u1J. w1. �g Coders , Q GP..:1 ,' .._ :.J .7 l..y Sc ur s e.a J..�t..e`1 ov7 ;J �:^ `-_ -. Crum s a suQ:��?njrO�J•_.. i_ T r�.g11 _ � 1�OL .J, 17i_:: - ?�r0'.,_� ._a i t the same zon-a and ar'? .r. C'ru i sail he 'e?iS t._::=S ca :' ..l'. reasons -for gr_ ~gig a v ri_nce and r tale CoC1::. CrU'm �nti. 3 - h a _� Grp i ^e,- o; i r i edr ,:, r. ' .7 ivi a a t. :� 0 u r :i t:1 e1 i 1 c..'-J L.i l.i •.. . :. .. J . t U 5 l� 0 1. T � 0 Q ... , •� 1 i'_.t •..t i► i �. !1 t +� :.7 .. I inspect -ion, it was nO c = . ar. the S11.er-. s } th%-- si? t oac'� . rru l tol,2 the Boar(: t e,_,ze_ si?er's have peen i._n i locations for e1g ,t 7T _rS. r,avagni no as;,eul, about t :'? so your clnder rum sT%id he wou_a be willing to t J 5:1�?Ci GOT-.'J rt'?e �i�r=a:^.e 4S f0L t?.e 10 iJtT 1_700. t0 til'? ;0iCT'Cie Si1?d. �:T,:.zatiOr Sa1G it ? S ;11.t "�e ^ r "'1.'�^ "' e ^ �'-` n' �r �'.�„ `al.i l.. �.1'j a' -•I •T y :�•1 "� a l)l icant Co.:.�� t_O t i �v �_ a _ _ �_ ? 111 a{ 1 S. a i `..i h .i � V 1 s 1 2u J. L r .. _ 1'^ u __ _. is vertu c1.oss to tI,L` 11.0!-'Se- TeeCl i - = - �_ _. ....�i:• = t:1e'" `�l' = � ...�tat�?te 0-" 111it'SL? Or1s. -,_:> -'`•'l. sa_..,] t:le- _' _� a??`. �ee:1 S? �;J :: S J n t'1 L i i+^T CO.Ii.%`T over t!`�-ara• cth ta.:er s?l h� is luc1 aiOr:? O:Z:3riZe_. a.IO_ t _: O y C� .^ a r �..: • _ �y r, T '�'� '� •'+ + � au ,c.2nt 'orOn?r t}'.`T QC? ?:1r S :o0 t In ja770-L ';''1'.. �o,1.rcl loo::`' c1t 1. 1. 5 RECORD OF PROCEEDINGS Regular Meeting Board of Adjustment July 7, 1983 3 C u J o e (I L 1 _ C''._ a V :: L i o n • L 71 'T 11 3 U-- S . :.� .1 O !i Z. ' �Z 1 :a_^, - - JC._�.i r'r7V u? 'r illit Jc- r 0'0-` i� l.� T?!,n t..n Ji. 17�r u • .. u: t 0 1 C : t O'at'_"1 _ „ = r :: � `� ' '_1 S � 0 r .- a e _'•_ t L_on roo-anc2 }1�2 rchour-e _ i • J _ 1 S1 �. ! '-. C r _i..1 'v o "1 l i.1 ? (f l] 3 / is "? S'- '2 0 C!: 1 1 J e t _e s t l� �_1 ... n `, -'7 o u ? J , 7 - - i�� o it a one hour � it i wa ' . Crun said a ;"�cu1 Z ';o *71, _ ra S.:C? iVaJ .Du", / i_._ . _s a .7OE?C� al CO11JI i�r : _i.�_�.• T-- - tils_li =� ��; r °�� ul�?::101V, a i :l �'' 1 ._ • S� :i %. i^. �0^. a'. :i•� 1' _ L:.�_iOt `_ _ '?0ut-o^1n'J t0 the--- vv^__.. =ii�; t.'_eIi c::S�i _01 �� ?7'a1 _�:: '�'2. ??i- :�. J O : ; O'-' .y : �, , r n 1 1 Pat i � 1 T T y _ L sun 1 r C..LUJ.1_-i• ,1. l.�_ 5:.....'..... .a _ -� _ _ r -� '� �...� 1u. ^1, ^^mot... l:ln �.i zone slou11 .D-- la J`7e .. ._..�_ ..o- �r1Qr L�� o __ t�.:_�.? .. ...0 r�• _T..� ...ter Sai.:} n'cri:l�j t'�1a �Ta�i nC' :::�c7 tOr'=?: G0`,in -` 1 t :1e OL: dingy d. ar!_m .1,I ean4 • LToar7i Sall ne :agr � �Vlt_: '_3':n a out u t'rm--Dorary 777. r ' aI-C Zi = t'",' 11Ca?'lt S'.ou1d be a11OE'?� :. ;.0 :S` t i S until� ?_7r(D:'. C'% COn:�1 " L0?1LS C'1a 1';' Or h2 ca:1 ras0�'I�? t_'_C 7r0 1?:?l. La`TaCninO^ a��ra_� S110u1Ci C01'le J?C,�: LO t_a? �O ar o1. rScTi 2�'J SO ti ?'.' C? COn�I a:r circumstances 1-nat mad?" ha'T e :r 1 sai-i. Cr u 1 said he i? S-,- j e C I a L cIrcunstancaS wer:I a_Ine un.sua_ lot Sipe _ - Ta is 1 do not ao7o1-T to oL ,er ar as 0- Lown. La'vaynino Saiti ap?�lica t:. 'le t0 31110w the E'Oar'i Of AU'11 uSt..Ie = that h __ _ - '-.' C�J ??c3V� a d1� 1':'1'_t'7 Or �ar'�S 1. t'1'11C 1 t'1P_" I -ve i"`10 _ c r -, T �� e 7 1 J J • n Y u : + r, P• P,i �" > ._i �. a L_ ..- .... 1. •� v. a 1: ►`7 �. \. i .� :. t� a r - Oi:'2 v:a:1 'r)uL a 0'.. 7-.1:2 'Dr0y%ertv _-0;� - = e JJ_ t_1a sti .. ..�7,11"ait1dL t1' C, s '� utL?T0L11 I ,� L,1? Oil! L clC'� t� �a �i1t10,nS71''i C"y - anu ., o . % on a s-a11 1oL.. T"11aita r atee I� �01��. =-- =10-1 _ tO1c RO;�r!: a:? t :._'-.a�^,'`7i C to re Yc ti.i�: 13 �oct e..ce��? on.s a� ,: COi1C rrncl a -'-out fire, abou" Sncro c'_:]n(,T Into L.'. _ so— tbaC:: i .anwas LJLi_1 _ :Juy1'{1:?�; 5 RECORD OF PROCEEDI?TCS Regular Meeting Board of Adjustment July 7, 1983 , T. '� = 0 Cl OS ei�: t__`_' ^.li 1 _�. :ic wr 1;1Ci . a an:1 S3iu S1C �.<?e:.:� _ 1=. :1wr"'sni� lit t_11S Z .' i ;'t r� i� r • , --� a 1 7 j '] r1 '� :> C.� ,_i �..4 �..1 _ O _ t__-e b',.'.ca..t?nnes 3 • �.1 _ v...3 a ra 1_Zy o_ v l 1n :1 any. :J;w? l �lnu ]. Lu_JP.O �Or ;10c7'T:� r t_113 ^ �ti • . ..1 �_ _ ... _ Cru is i1 "Te not t ` L:7,c to r -ona-i �e anf r..:: i.s � -:_ --n u a C.. 1.. �.. - : ! r��.a _ ..: �. l� 'r`% o lw I �.1 !J ry .'� Z.:.� v l� ? .. .� i •.: i C' !�1 r' .'] Q r i '1.. � � � � !� •.... u v�.t i_ _T J .}_ _i J ^ S a -. ? e C o 11 s a i u 11 '� 1. �^ t:�- r •-2 L �.. {�.., r ii'1.� �:.a C _ � . _ . C e . 3 r .., �. �. �.a..: i. o 'Know tails w s ..a a: i 1 � � r _ :: i��..�' • La�Ta, ni ilk J:� la f11 _ L r�1 l_O -, iaaka � �1 t . ] T � �ilavJ �%l L11'.:1 �tJ l�, `i J_ i ? ._i ,:i i :i o u i �T_o o� �. ; o n :, t� ` _. i n a'-D 0 u t. a-� a J }^ _ 3an r r s O ? a : S U - `J �J ._ ._ ... .. Cam.. - 1 G iJ 1 ._ .+. rr �.J : 1 • ! 1:1 v�:7 ��.0 �lj� t_il J' t_-� JV w_ �� �t� io.a?a ^ tl'J�(~ l_T -1 ry'R _ 1. a7 C..a_ i t...? i��_ w.a .� sL/�.a .:. ... ._ _•i r'v .� .___�. .7 v:ter, .: V? in ola�. �./ e�?L • r'�'i -��-�; 1.-!��.J ,J '� .a. {...i l.. _ =? �• +� .r.. "i �•a . i � .r'1i 1 i� r 1 t7 _a , t :: l+ _ j t_l ..t . s i _ �O.Y Ca:"1 J1se :J.at r)a gee:! _1 e_11:1C 3S ?1_.��� t Z z 'Ta r4 anc:'. _1a n sai sne wan'i s to 'rant a t?%lpOrar,% 'T :1"_:� JeC.au:se O; S JeCia . C_ ^,'unstaees j One o- 1-1 c1l i r? IO:?li. j t �c s1d '_`ds has been a ssd`n o c cu, rence Dann said o;'i =or ettar Planra4-c on repo--ing the s'e: is- not_'l S t w ,, J. ; _,_at T1te A-r nue is a s-pecial place and this 3 ar � n o;i:. - � ^t r� ,^� T 3 �T -� r-. n i T1 time to see? �dhet is 3e'� ,.i _•=.:'1<� o Ute Avenue. jj ay,a_ O :�a_'. file ra-pp11Ca 2ts built thiS S ` l eight _v'ears ago and Ila'T-1 10ee:l accuSt-omen to Using lt. Tie a_jpp iicant needs -o a(11J ust to t�arr� 1 -- t the sled cao�-in Or redo_ 1�?1n , t ?" uce. i:1a nn Salmi t -", use O =-s nS�10�1�' laS nOt iJt:�?f _cOr St0_agn gilt as a D1aCe -or±0il. 't7hita,'-.er said there are t30 Structures whic—h ha'.rc j ke-e-a 1 eight years wit hoot a bu4"idi ng ner=1i t. Theu'' do no` cO n or-t t0 t.'.,-ei building CO �Fz noz- e ^i?t�e�3C:.a t,:e''�iere n0"'- s';own On, ti1C SurJetl gi'7n t0 L._i'� ;Jt1il31ng �eart:l.?i;�.:ti' at�.i�L _ �. ; l,? tt0rM T -C •fir`% Esar i i t-amr)Orar�? Teri=i::�'U ar? �0�c1..� • i:ler'3 ar' S0,-n<% 7-) ,.- — ._✓J 1� t i1S :ase. `_' Z1:� S ..rlli :t,',.6 �_' i:Ls J2. '- C.le_� el :1� '�_'�lre u:�•..r1 ayree�- tiie n�1:1''DOr.100d 1� ? • Caste. :'l��"_tater sz,,I :1c C oeC not f,_,_1 t_11S i�0�? Mt :0'_ll ;�r0'�? = -:,out a 3er i it ar.0 one t_1c1t _sJ. ai: 'Oe� nOt c.0i.0r::i `'ij.j=_� 'Juil'aii1C COC1+s. r�i'r�-'�i111G reCu�'-`�=e i _i L-, -• tita `_ 1 .- t_11S V r1anc-3 1e i a {.e� r that It �e i_, ecor� J tilis is in a _%:;ar. 7 RECORD OF PROCEEDINGS Regular Meeting Board of Adjustment July 7 , 1983 71a_7_z r1o*r Z, �1 tea ,ona st qra,c .___.�u to a_lc�', til'� I ;cot b'� 1� �ooc struc�ur . to s _- il. :,1 . _. as,; for i:Zr1s;'a�o r.7c-7al c= t-=? s=�all s'.o�• spacial cir�-,� �.,z_ ar'� t_Ze 1.'�2a O r�',ov n; �.._:' �._.a' is a sL:�;�t'`n 'Jc:ur'�__ Ong' vear rill all0'1 ror ,J`tt`r ?D aijii i}�i�� Or t::a .a_7i;11 cant' Pi ? 7 •:] `l � i ' 1 s a S J '? l i r. a _ J i •a 1. - 1 7 T O _1 .1 1 1 '� t� i _ 1. .J / 1 J ; .._... _ d-2ve1O s 0.Z v �? :%?:ll:'� Z t a';)?D _ ;a:t :L2SC_ 1 -Cr-• _C: _ - - _ :. rec0ruin: O t_713 17ariance1_ tInE'_ � �11ca:lt dOes� not L- n? 3ca r 11`: ono -r��r ---`-' S::ad ^;'gill Dne-Zorn �' t' L , dn ur J2nC- a7v`l ��i! :� ;i°?': ".;Se O_ �0,351 Jr. _ ._ . . �. J J r '�..�. ^. it . r . _ 1 -.. _ _ J. u q 1 e ' e .1 `, � c) .... J. C _� l._ LJ_ no_ J _�.. �. ilJ ��.:�i w1 nl.� -Je __.���i� ';'i _�'7 .� _�•� .l�C�. `. _.`? :J .1��?.i '..� `��t� �.__'_ _.., 'cl ca Vo _`_a n a - i t7n._' .-IIT -� i na'- "O 1 aj _ - = v�� / - _ '7 _-i i L' 7 r =., a N, 'a �y :•1 ' :`' O , r1 C 7 <� • ' i li �.. _ v ^ C a i r 11ta t-.^^ �l Wit. a� 'T. a"1 f' /,. _ 4-'..� l ,�•: �-`,:a ,:,.ter 1. 1. ._ C� V ._ 1. ��.� S _. .� J v .. i . :J .' -1.. 1 S �/ Oi the F %aria In c` "_"_:e 30a._ 1 reu'asta t1113 .0 a c-,a t o _2 %1lilutaS 0 tiZ" CaS�?. ,.?v.? gnii-io re-ruestethe staff -?re tiara a t0 b-� 21 a _ t_ -. . V i a... r .. _. c; p !yl � V 'a S 1 \....7 • 1.1ann move,] to adjourn 'at 5 • JO _o. -m ; s e c o n d e a b )at,_­rson. �_ll in p ors motion C'rr;?4 -� A rT1rj �c7T.� ^ j1'1nTT C7 m.r CT 7 V 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 deck(seeillustration) The problem in question is this corner of it is 30 inches high - We inquired with the neighbors; The Gant, Fitz Ben:edict 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. t 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? EOON 79 C. v. 11OECOEL 0. 0.. L CO. RECORD OF PROCEEDINGS 100 Leaves Page 2 BOARD OF ADJUSTMENT MEETING Bill Drueding -It would be a berm. I am a zoning officer and I only wanted to make my point clear about the violations. Fred Smith -I feel that this is a classic case of a minimal request with absolutely no opposition from neighbors, actually support from neighbors Charles Pat erson-I am in favor of granting this motion. I have difficulty in refusing a variance of this nature. If this would have come in before I would have granted it. People may not know all the requirements of zoning. Bill Drueding -I just hope you took my comments in the proper perspective. Josephine Mann -I am in favor of this variance, this doesn't mean that I would always be in favor of granting a variance to something that is already built. I think there are lots of other circumstances that make this one the kind I would grant a variance for. It is an enhancement to the property and the whole street, the neighbors are in favor... I am in favor. Charles Pat erson-And another thing, I think there are some practical difficulties of the front Lot -line, the way it comes out for this angle. The house is built parallel to this Lot -line. Fred Smith -I also feel there is some practical diff-.iculty with the Mine tailings not being able to get anything to grow on. Charles Pat erson-I think these rocks bring up the property level ... so I don't consider that thirty inches. John Herz -I make a motion that we grant the variance. Practical difficulty with the Lot -line , minimal variance. Fred Smith -I second the motion. Charles Pat erson-I Fred Smith -I Josephine Mann -I John Herz -I Bill Drueding -Cathryn, You have a permit application at the County don't forget to pick it up. Cathryn Crum -Thank-you Fred Smith -We have an Informal request from Mason&Morwe Evan Boenning - What we are trying to do is a display board. We are 25 ft. off the (Rep. Mason& sidewalk. We have a design committee to create a sign to display Morris) our Real Estate listings. We are trying to leave our glass clean. we have come up with plans whereby we use a map of Aspen; the Running trails, the Bus trails, the Bus routes, the Walking trails, and accesses onto the mountains, camping areas -- Mountain Valley, Red Mountain all you West End, Cemetgry Lane a little bit of the Highlands. We have come up with this proposal, with pictures 5X7 8 x10 and transparencies and we would have it color coded. i We would remove present display case. We want to find out if we are allowed to do this. ' This proposal is called Kiosko.(sp?), a three sided structure, lighted with transparencies -- it is stationary. Is this considered signage or not? Two points I'd like to point out. 1. This wall on the West over to Tom's Market in the parking lot would be 25 ft. of landscaping. RECORD OF PROCEEDINGS 100 Leaves FORM 50 C. F, HOECKEL 8. 8. & L. CM Page T_ _ _. 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 ouch use as with the conjunction with committed commercial activity., on a right a way. MyopinioAis 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 permited 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 -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 Paul Taddune -Looking at it aesthetically, I like. the result but unfortunately this doesn't allow it maybe there is something wrong with the Code 19ther than your plan. Fred Smith -The Planning Department and the Legal Department can dream up language that will so restrict another applicant that yours might be acceptable. Josephine Mann -There is no record of the vote in minutes from last meeting. Fred Smith -Unanimous vote Josephine Mann -I move that approve the minutes 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 Board of Adjustment Commission Meeting May 28, 1981 4:00 P.M. Council Chambers Acting Chairman- Fred Smith Josephine Mann Francis Whitaker John Herz Clayton Meyring Commissions Comments: Josephine Mann requested minutes for each meeting and a Job Description for secretary to Board of Adjustment. First Case - 81-1 Warren Palmer Location is Lot K Block 65 City of Aspen. (100 E. Bleeker) Fred Smith - Variance requested, application is made to remodel and build an addition to a one family dwelling. The addition will have a six in. j st. side yard and a 3' 3" interior side yard. The required street side yard is 6' 8 " and.the required interior side yard is 5'. SEction 24-3.7 3 corner lot 24-3.4 area and bulk requirements are 6th zoning district. Permanent variance request. Owner - Existing Victorian structure locating on the lot as such. We are working with a thirty foot wide lot, which gives us set -back problems Warren Palmer to begin with just on the existing house. What we would like to do (representing) is add on to the existing house ... basic remodeling plus do cosmetic things on the outside ... pull whole structure together. We want to maintain existing walls. Because of large right of way on Bleeker and Garmisch the Elementary school being across the street even though we are 61n. from property line from the actual curve, approx. 32ft. from school side, 28 ft. on Bleeker side. This front yard set -back being adequate here as is. Photographs show nice trees etc... The Victorian integity of the house remains. Francis - Ther is one question that comes to mind: The code requires 6000 sq. ft. Whitaker This is obviously not conforming. I don't know if that requires any other approval by any other city body? Clayton - No, if it's a non -conforming lot of record you have the right to tell Meyring that it a one single family dwelling only. Warren - I think you can see we are not doing anything that could be construed Palmer a Duplex Fred Smith - Are there any questions? This is a classic example of a variance request which would seem to benefit everybody and hurt none, however; this board has a very diffucult set of guidelines for granting variances. It requires applicant to demonstrate hardship or practical diffuculties. I recognize it because of the large right of way from Garmisch St. that this is a somewhat unusual case. Clayton, is there arequirement for sidewalks? Clayton -I can't answer that. The City Engineer can answer that. Francis - As far as I recall, is in the commercial zones and the office zones. Josephine - I am wondering about the rest of Garmisch Street...are all of the houses that far, located that far back? Fred Smith - The streets are paved the same width... John Herz - Mr. Chairman, I feel as you do, they are retaining the Victorian flavor which we all like instead of tearing down houses... not trying to circumvent the law by making it two family unit. Francis - Do you know if any of the neighbors are that close to the property line? I wish we had more time . I have not had a chance to look a't the property One reason for granting a variance is that a certain property right is enjoyed by other property owners in the area. It is hard to distinguish between a Hardship and a Convinience. This falls close to that line. Clayton - I would think that the houses come right up to the property line. 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 subject to all existing easements and licenses right of ways, pipelines, poles, water lines, etc... Fred reads letter from Cathryn (enclosed in last Bd. of Ad'Mss11WPtytt &—Z-VQ CAthryn -It is not quite completed —here are some photographs. t' Fred Smith -We need a demonstration by the applicant of hardship or practicZ�_ 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 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. he 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 - Def initly. 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:.. RECORD OF PROCEEDINGS 100 Leaves Francis Whitaker - and this was built without a permit. To be consistant I can't vote for it. I appreciate the difficulty and I like the looks of it but one of the things this board has to do is be consistantly fair I don1t think it would be fair to grant this to you and for the record having had someone else remove something. I think the fact that you state that you built it without a permit. You would not have gotten a permit if you would have applied for one. If you want to wait until there are five members here maybe the 5th member will vote in favo of it. YOu can ask for a continuance with the hope there will be five here . John Herz - I have strong feeling to grant the variance with this applicant than I did with the applicant we did not grant a variance to. Discussion of previous case... I think if Francis went to see this He has a tremendous point there but if he could see what a mess the other homes are one Ute Ave. .. you might be a little swayed. Francis Whitaker - If the Crums came and asked for variance before they built it would you grant it? And on what grounds? Fred Smith - I cant make this lady tear down 2400 Dollars worth of beautiful,.. that isntt offending anything. Fritz Benedit agrees to this and he is one of the most prominent architects here in town. The applicant is requesting we table this to a date ... the next meeting will be two weeks from today. 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) Letter of Transmittal i ATTE�,, .. wjam MOO 20 ' r - —.0 -(�a WE A Ij NM'4Ud 0- 7 f AttaceS r via ��the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIPS DATE NO. DESCRIPTION IRS jP 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 ANZv gk�z1 ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS rVXI StV7 1�7 I COPY TO 142SIGNED: If enclosures are not as noted, kindly notify us at once. C =— OF ASPEN BOARD OF ADJUSTMEN.,T DEVELOMNEINT APPLICATION DATE —Gj19 APPLICANT MAR-ING ADDRESS Ax- CASEPHONE OWNER PHONE MAMNOADDRESS L&t LLAf- Ar44:k+tc) 4o i4v &U4 ahi, oP- Aspvj-) "ap+ 4ko, LOCAMN OF PROPERTY IRC( ve b (Stre* er, Block Number and Lot amber) WU-L YOU BE REPRESE1. =I- BY COLNiCILr) YES ;0 V. Below, descnl'be cleuiv the proposed variance, including all dimensions and iustification for the variance. (Additionai paper may be used if The building penmt application and anv other information you feel is pertinent 5hould accompany this applications. and M11 le made part of this case. (*r& PWACIK� L--eqm.- ) Applicant's Si REASONS FOR DENIAL OF BUILMNIG PEXIVUT, BASED ON TREASPEN CITY CODE, CEW)TER 24. kNL OPE140N CONCERNING TEEIS VARJAINCE WILL BE PRESETYrED TO THE, BOARD BY ME ZONINGDEPARVIVIENT ST.AFF. DATEP PERMIT DENIED OFFICLkL DATE OF APPLICATION IMAR.NUG 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 1 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 valiance: 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 valiance. B . The lot is of irregular configuration and in combination with the side yard setback being increased to 10 ft. fi om 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 Request 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. 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Q O w U o2w� Og g}>D a �Wco � co La 0 0 ^ � 00 o CII)co c LL O� m (D �(jU5 � a LL z W NLU w Q r Q x c w CL U.) Q �� c<cco>F- O LU J U = c LLLL cwOQcr�� W z ��U�—zcco 3 o of o m c= 0m wm0F0U F-- i U) 0 Q w C F- w zzC-q Q > Q > w N m z w O I-, O` r � 0 m `D N cf ol cf r-� rt ct w cP ol ct LLB N Lii N .COOr000r w c c c c c c of c d COO 00�`O co zi' N-000 — Loco EC?01�i00000 � � L() r� Lij r� Li) Ln z 1O 1O 1O -O U -O 1O -O N w N w N w N co N w N w N w N w V 0 r r r r r r r r m m m m co co c+) CV) N N N N C141 041 N N a) m 0 a JAMES M. DEFRANCIA R EEc E 11VE D 17 Ute Place Aspen, Colorado 199/ 81611 C4MMu -m.,- FK7 c PM N August 13, 1997 , Board of Adjustment rah Thomas, Secretary Aspen Jalena Street CO 81611 Crum Residence 991 Ute Avenue of the Board: an adjoining property owner, please be advised support the request for a set -back variance for erenced prpoperty which variance is requested purpose of a 228 s q, ft. addition. EXHIBIT h EDWARD STANLEY SANDI' P. O. BOX 11566 ASPEN, COLORADO 81612 August 12, 1997 Board of Adjustment City of Aspen 130 South Galena Street Aspen, CO 81612 Re: Mr. & Mrs. Crum Ut e Avenit i on I am a neighbor of the Crum family and I sulhe variance for the addition to the home located on Ute . The city has previously approved the improvement and I L family should not be penalized because of the delay in fin,ability to make the addition. Since the foot print of the Nill remain the same I do not see any harm. Certainly the ovc i ze will not be out of character in relation to the surro-buildings which the city finds acceptable. Respectfully, 1 EDWARD STANLEY SANDITEN EXHIBIT 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 i111 2 1 1997 ASPEN / PITKIN COMMUNITY PEVFOPMENT I am a neighbor of Tom and Cathy Crum 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 and way that I can. Thank you for your thoughtful consideration as to this matter. Sincerely yours, Susan %feet Weisv-� EXHIBIT CASE 07-7 Before the City Of Aspen ward Of AAT'stment TO ALL PROPERTY ONN NERSAFFECTED BY THE REQUESKED ZONU",i ORUSE VARL4NCF- DESCRIBED BELOW: 1962 in th Pursuwjt to the official Code of Aspen of lime 25� , as ammded� a rablic he will be he4d e BASFJvffi-I&rf EET NIG ROC)M,, city Hall, Aspen, Colorado, (or -at such other Pce US the InMillg may uthOt be then, adjoamed) to consider an application filed with the said Board of Adjusthent requesting ar dinance, Cho ter 26, official C�de of Aspen, All pen. ons for variimoe fi-om the provisions, of Zoning Or I . If you affected by the proposed variance are invited to appear and state their %,iews,.Pr sts or obijectiOM C'=Ot appear personally at such meeting, you are urged to state Your.view,-,te s by ler, particularly if you have objection "ill give se-,qous consideration to the opinions jection To such vmjanoe, as th ' e Board of Adjustmerlt or of SUITounding property owner's and others affected in decidingwhether to grant or deny the request f pardcuiars*of the hearing and requested variance are as follows: e Date: August 2.11 1997 city council Meeting Room Time: 4:00 P.M. Name, Toni and Cadly CrumWarren PaPaler 268 Ad&ess: 9.91 Ute Avenue P.O. Box 4 Aspens CQ 81612 Aspen, Co 8 1611 1 proweilyu 991 jjte Avenlie, with a legal desmiPtiOD of Lot 1, Ute Addition to the City and 11ownsite of Aspen, ;eXCePl the West t3 feet thereof. Ya xs &=Sig4l .A 6 foot 4 inch east side yard setback variance to allow for ownstruction of second story bedroom additiori. Win aw t YES;- NO: X.- De City of Aspen Board of Adjustm, ent 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chaimian THE GANT CONDOMINIUM ASSOCIATION, INC. 610 W. END ST. P.O. BOX K-3 ASPEN, COL,ORADO 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. General Man cc.: Kathy & Tom Crum 991 Ute Avenue Aspen, CO 81611 EXHIBIT Y -y r , cw5c &A-PA4,40- cA. -ftL4- 1N ____ ' ea. WITII!ill III III