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.
(Attach photograph here)
Sim ed before me this day
.
,199rZ by
Notary Public's Sipature
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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
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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
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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
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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
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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.
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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
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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
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'_`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
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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
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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
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ATTE�,, ..
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MOO 20 ' r
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AttaceS
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❑
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
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❑
FOR BIDS DUE
19
❑
PRINTS RETURNED AFTER LOAN TO US
REMARKS
rVXI StV7
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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.
Very Truly Yours,
Cathy Cru
Tom Crum
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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
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