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Home My WebLink Aboutagenda.boa.19930909CITY OF ASPEN BOARD OF ADJUSTMENT SEPTEMBER 9, 1993 SECOND FLOOR MEETING ROOM 4:00 P.M. A G E N D A I. CALL TO ORDER ROLL CALL II. CASE #93-12 STAPE LIMITED LIABILITY COMPANY (RE -HEARING) III. CASE #93-13 THOMAS AND SUSAN HILB (CONTINUED FROM SEPTEMBER 21 1993) IV. ADJOURN NOTICE OF PUBLIC HEARING CASE #93-12 STAPE LIMITED LIABILITY COMPANY 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 SECOND FLOOR 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 Ordina-nce, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, 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 9, 1993 Time: 4:00 p.m. Owner for Variance: Appellant for Variance,, Name: STAPE LIMITED LIABILITY COMPANY JOE WELLS Address: 533 EAST HOPKINS Location or description of property: EAST 101 OF LOT R AND LOT S BLOCK 18 Variance Requested: SUBJECT PROPERTY DOES NOT MEET MINIMUM LOT AREA AND LOT WIDTH REQUIREMENTS PER SECTION 24-5-213 (D) (1) AND (3) OF THE ASPEN MUNICIPAL CODE. THE APPLICANT IS REQUESTING A VARIANCE OF 2,000 SQUARE FEET FROM MINIMUM LOT AREA OF 61000 SQUARE FEET REQUIRED AND'A VARIANCE OF 20 FEET FROM MINIMUM WIDTH OF 60 FEET AS REQUIRED. Will applicant be represented by counsel: Yes: X No: The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE August 30 19 93 APPLICANT Stape Limited Liability Company CASE # PHONE 925-1230 MAILING ADDRESS 533 E. Hopkins Avenue, Aspen, CO 81611 OWNER same as Applicant PHONE 925-1230 MAILING ADDRESS same as Applicant LOCATION OF PROPERTY East 10' of Lot .R and Lot S, Block 18 (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL? YES X NO ----------------------------------------------------------------- Below, describe clearly the proposed variance, including all dimensions and justification for the variance. (Additional paper may be used if necessary.) The building permit application and any other information you feel is pertinent should accompany this i application, and will be made part*of this case. (see attached) DA7 STAPL i Applicant's Signature v-- DON STAPLETON REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF. DATE PERMIT DENIED OFFICIAL DATE OF APPLICATION HEARING DATE Pay Wm. C. Stapleton Agency, Inc. 533 East Hopkins Aspen, Colorado 81611 925-1230 82-326/1021 PITKIN COUNTY BANK R TRUST CO Aspen, Colorado 81611 CHECK NUMBER DATE 22565 8/30/93 FIFTY AND THE ASPEN CITY CLERK !DER OF By 1:1021032611: Lis ?9?I1' Joseph Wells Joseph Wells, AICP Land Planning and Design August 29, 1993 Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 S. Galena Street Aspen, Colorado 81611 Dear Leslie: We are again writing on behalf of David and Don Stapleton, the owners of the 4,000 square foot (40 x 100 feet) parcel located at 702 West Main Street. As we have discussed, the owners propose to build a new structure to relocate their insurance offices to the property. The building will also include some on -site housing. Because the parcel is less than 6,000 square feet in area and less than 60 feet in width, it is presently a non -conforming lot of record and the only uses permitted on the property are a detached residential dwelling and customary accessory buildings (Sec. 9-106 (A)). This application requests variances from the minimum lot area and the minimum lot width of the land -use regulations under Art. 7, Div. 11 to permit the construction of an office building and deed -restricted housing on the lot. As you know, the board of adjustment previously approved our variance request on August 19, but Joe Krabacher, who owns the property next door, has stated that he did not receive proper mailed notice. Pitkin County Title used the address shown on the tax rolls of Pitkin County but this address is apparently incorrect. We have also been made aware of a provision in the land -use regulations (Sec. 7-605) which states that the board of adjustment shall not take any action on a development application for a variance pursuant to Article 10 in an Historic Overlay District without receiving a recommendation from the HPC. While we think this provision was intended to assure that HPC has an opportunity to comment on the appropriateness of a variance involving the actual placement of a building on a lot, as opposed to one such as this which involves only the uses which will be allowed on the lot (an issue which is not within the purview of the HPC), nonetheless we are requesting that the board of adjustment reconsider our variance request on September 9, so that the action can be taken following receipt of a recommendation from the HPC. 130 Midland Park Place, Number F2 Aspen, Colorado 81611 Telephone ( 3 03) 92 5-8080 Facsimile (303) 925-8275 Ms. Leslie Lamont August 29, 1993 Page two We expect that the HPC will be prepared to take action on our conceptual application on September 8. We hope that the board of adjustment will be able to discuss this proposed variance request on their September 9 agenda. Sincerely, Joseph Wells, AICP JW/su Enclosures Sec.10-101. Purposes. Variances are deviations from the terms of the city's land -use regulations (Chapter 24) which would not be contrary to the public interest when owing to special circumstances or conditions the literal enforcment of the provisions of Chapter 24 would result in undue and unnecessary hardship. Sec.10-102. Authority. The board of adjustment, in accordance with the procedures, standards and limitations of this article shall approve, approve with conditions or disapprove a development application for variance. Sec. 10-103. Authorized variances. Variances may only by granted from dimensional requirements and permitted uses. This application requests a variance in the dimensional requirements for minimum lot area and minimum lot width of Sec. 5-215(D)(1). Sec.10-104. Standards applicable to variances. 1. In order to authorize a variance from the dimensional requirements of Chapter 24, the board of adjustment shall make a finding that the following three (3) circumstances exist: a. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Comprehensive Plan and Chapter 24; The intent of the Commercial /Retail Action Plan of the Aspen Area Community Master Plan dated January 1993 is to "provide incentives for managed strategic growth by locally serving commercial and office uses..." The Stapleton's insurance company is one of the local services which has already been forced out of the commercial core by rising rental rates. This is a problem which is identified in the community plan as a concern which should be addressed. The purpose of the Office zone district is to provide for the establishment of offices and associated commercial uses in such a way as to preserve the 1 visual scale and character of former residential areas that are now adjacent to commercial and business areas, and commercial uses along Main Street and other high volume thoroughfares. The proposed office building is consistent with the intent of the zone district. b. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and The grant of the variance request is the minimum variance that will permit the Stapletons to use their property in the same manner as the majority of the neighboring property owners. Traffic has become so heavy on Main Street that it is no longer attractive as a residential area, which was a contributing factor in the City's previous decision to zone the area for Office use a number of years ago. C. Literal interpretation and enforcement of the terms and provisions of Chapter 24 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: i. There are special conditions and circumstances which are unique to the parcel building or structures, 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 The special condition which is unique to the site is that it is 4,000 square feet in size and only 40 feet in width, whereas a large majority of the ownerships in the Main Street Office zone are 6,000 square feet or larger and at least 60 feet in width. The minimum lot area and width were apparently established based on this large majority of ownerships; however, the size of the Stapleton's parcel was established well before the zone district standards were adopted, and not as a result of any action by the owners after the adoption of the zone district standards. W ii. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan and the terms of Chapter 24 to other parcels, buildings or structures, in the same zone district; As mentioned previously, the majority of neighboring property owners in the Office zone presently use their property for commercial and office uses, so the Stapletons will not be receiving a special privilege denied to other parcels in the zone district. 2. In order to authorize a variance from the permitted uses of Chapter 24, the board of adjustment shall make a finding that all of the following circumstances exist. a. Issuance of a building permit for the construction activity necessitating the application for a variance. A building permit is required for the construction proposed by the Stapletons. b. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 6-205(E)(4)(b) of Chapter 24. Notice has been provided to all owners within 300 feet of the site. C. A variance is the only reasonable method by which to afford the applicant relief and to deny a variance would cause the applicant unnessary hardship or practical difficulty. The grant of a variance is the only means of determining whether the property can be used as an office use prior to undergoing the commercial GMQS allocation process. In light of the time and expense involved in this process, to deny the variance would cause the applicant unnecessary hardship and practical difficulty. d. The temporary off -site storage or construction staging can be undertaken in such a manner so as to minimize disruption, if any, of normal neighborhood activities surrounding the subject parcel. 3 The size and width of the lot does not significantly affect the applicant's ability to stage the construction. This is a problem which must be dealt with carefully regardless of whether the lot is 4,000 or 6,000 sq. ft. e. If ownership of the off -site parcel subject to the proposed variances is not vested in the applicant, then verified written authorization of the parcel owner must be provided. The application does not involve any off -site parcels. f. Adequate provision is made to restore the subject parcel to its original condition upon expiration of the variance, including the posting of such financial security as deemed appropriate and necessary by the board of adjustment to insure such restoration. A site plan for the property will be included with the GMQS application for the proposal which will establish the landscaping standard which will apply to the site. rd rrr, ,4 I AM" NMEL I j mad NOWE w Kai 666 A OV//A. "IWIWAF" mom w7M m6c�& N b rso ,,-Wqffirmuw� _� IM �W. I Ws LFNFJ A MMM-_ W M ■■W/ m Recorded ai 331 120 642 44 Reception N QUIT CLAIM DEED I T111S UI:EI), Made this 22nd dad 11IFebruary 0191 ' heween DAVID E. STAPLETON and DON N. STAPLE,rmW ,iI the County of Pitkln and State of Colorado, _,ranior(s). and STAPE LI;•tITED LIABILITY COMPANY I whose legal address is 533 E. Hopkins Ave., Ashen, Colortt(lc) 21 611 of the County of Pi f.kin and State of Colorado, granlce4F1. 1t'ITNI'SSETII. That the granamv, li,r:md in cowiderauon ill the sum of $5. 00 and c.,ther c;ood and sufficient consideration DOLLARS the receipt and sufficient. of which is herchy acknowledged• ha remised. released, sold. conveyed and QUIT CLAIM1IED, and by these presents do ren iise. release. sell, consey and QUIT CLAD0 unto the grantec:K), heirs• successors and assigns, forever. all the right. title• interest. claim :uul Jcmand which the grintortsi ha ve in and to the n )I prnperty, together with improvements. If any. situate. lying and being in the C onty of Pi tki n and State of Colorado. described as foll(nc•s: * The East 10 Feet of Lot R, and all of Lot S, Block 18, City and Townsite of Aspen �I i' altoknnw•nbysirectanti nunthcra%: 702 Nost Main Street TO HAVE PND TO Ii0l.I) the same. mgcthcr with all and aingular the appurtenances and privileges thercunto belonging or in an wise thercu to appertaining. and all the estate, right, title, interest and claim whatsocver• of the grantorw, ether in law or equity, to the only propc-use. benefit and hchool of the grmtec(s), heirs and assigns forever. IN WITNESS 1V11l:Rlil)h. I he grantors) haVo executed this deed (in the elate set forth above. b, id G. le =� Don N. Staplt!tnn Si'ATf: OF COLORMY). Count.\ of The lorvL ang instnontnt was atknow ledced before me thls 2 2 nil day of F,2k) rua rV . 19 9 1 , hv. David E. St-01)1_ton rind Don S')tonleton �! com4^ion expires 141 Witness rot hand and official seal. 1%m `"it'i0t%mber 17 , 1903 ,A nit 1) ,nv(,r, CO II0'10 'If ul I)enyrr, insert "Pitt and \',,.1)1%. t�•,, l.Jit, w It 1•I.%I\I[it 11) I, CERTIFICATE OF OWNERSHIP :Kin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that STAPE LIMITED LIABILITY COMPANY is the owner in fee simple of the following described property: THE EAST 10 FEET OF LOT R AND ALL OF LOT S, BLOCK 18, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. Subject to encumbrances, easements and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKI COUNT LE, INC. BY: authoriz s'gnature CERTIFIED TO: 1, 1993 @ 8:30 A.M. 617 MAIN STREET PROFESSIONAL CONDOMINIUM ASSOCIATION C/O CLAIRE KRAUS 617 MAIN STREET ASPEN CO 81611 700 WEST HOPKINS CONDO ASSOC. C/O RESORT MANAGEMENT ATTN: JOHN CAHILL P.O. BOX 7026 ASPEN CO 81612 ALFRED P. WEST, JR. LORALEE S. WEST 634 WEST HOPKINS AVENUE ASPEN CO 81611 ANN R. CROCKETT TRUSTEE OF PRICE LIVING TRUST 10898 MORA DRIVE LOS ALTOS HILLS CA 94024 ANNE S. FELD 1700 PACIFIC AVENUE DALLAS TX 75201 ARTHUR S. LAZARUS KATRINA D. LAZARUS C/O LAZARUS COMMUNITIES, INC. SUITE 405, 1575 SAN IGNACIO AVENUE CORAL GABLES FL 33146 COMMONAREA COMMON AREA LOTS K & L, BLOCK 25 LOTS Q-S, BLOCK 24 LOTS D-F, BLOCK 24 VICTORIA SQUARE, LOT 6 ASPEN HISTORICAL SOCIETY LOTS A-G, K-S, BLOCK 23 620 W. BLEEKER ASPEN CO 81611 AUGUSTUS F. HALLUM MARGERY L. HALLUM 410 SOUTH ASPEN STREET ASPEN CO 81611 B. JOSEPH KRABACHER SUSAN SCOTT KRABACHER 201 NORTH MILL SUITE 201 ASPEN CO 81611 BRIAN & SUZANNE O'NEIL 11995 SW 222 STREET MIAMI FL 33170 BURTON D. OLSHAN 1/2 KATHLEEN W. OLSHAN 1/2 5408 LEEDS ROAD BRIMINGHAM AL 35210 BURTON D. OLSHAN 1/2 KATHLEEN W. OLSHAN 1/2 5408 LEEDS ROAD BRIMINGHAM AL 35210 BURTON D. OLSHAN 1/2 KATHLEEN W. OLSHAN 1/2 5408 LEEDS ROAD BRIMINGHAM AL 35210 BURTON D. OLSHAN 1/2 KATHLEEN W. OLSHAN 1/2 5408 OLD LEEDS ROAD BIRMINGHAM AL 35210 CHAKERES LAND CO. C/O THE HUNTINGTON TRUST CO. P.O. BOX 1558 COLUMBUS OH 43126 CHAKERES LAND CO. C/O THE HUNTINGTON TRUST CO. P.O. BOX 1558 COLUMBUS OH 43126 LOTS G-I, BLOCK 24 LOT Q, W 20' LOT R, BLOCK 18 700 WEST HOPKINS, #11 LITTLE VICTORIAN, #3 LITTLE VICTORIAN, #4 LITTLE VICTORIAN, #5 LITTLE VICTORIAN, #7 SMB CONDOMINIUMS, #101 SMB CONDOMINIUMS, #102 CHAKERES LAND CO. C/O THE HUNTINGTON TRUST CO. P.O. BOX 1558 COLUMBUS OH 43126 CHARLES B. DOLAN TRUSTEE OF DOLAN REALTY TRUST 170 SANCY POND ROAD LINCOLN MA 01773 CHARLES L. HALL NANCY W . TATE t P.O. BOX 1819 ASPEN CO 81612 CHERYL BARKER SHONK 7457 SOUTH CLARKSON LITTLETON CO 80122 CHRISTIAN SCIENCE SOCIETY C/O ASPEN/SNOWMASS, INC. 734 WEST MAIN STREET ASPEN CO 81611 CHRISTINE N. LESTER ROBERT A. LESTER P.O. BOX 9696 ASPEN CO 81612 CITY OF ASPEN 120 S. GALENA ASPEN CO 81611 DAN B. LEVINSON LYNNE LEVINSON P.O. BOX 2012 ASPEN CO 81612 DAVID KRUIDENIER ELIZABETH S. KRUIDENIER 3409 SOUTHERN HILLS DRIVE DES MOINES IA 50321 DEBBIE KLEIN A COLORADO CORPORATION 546 MCSKIMMING ROAD ASPEN CO 81611 SMB CONDOMINIUMS, #4 LOTS A & B, BLOCK 18 LOTS G-I, BLOCK 18 700 WEST HOPKINS, #8 LOTS K & L, BLOCK 18 700 WEST HOPKINS, #6 WEST HOPKINS TOWNHOMES (EMPLOYEE HOUSING) LOTS E-G, BLOCK 25 LOTS A-C, BLOCK 24 617 MAIN ST. PROF., #A €� DON MCGILL, INC. A TEXAS CORPORATION [ 11800 OLD KATY ROAD HOUSTON TX 77079 DONALD L. YOUNG 617 W. MAIN ASPEN CO 81611 DOUGLAS P. ALLEN s 530 EAST MAIN STREET ASPEN i CO 81612 EDGAR F. BARBER P.O. BOX 9678 ASPEN CO 81612 GALE M. PAKER P.O. BOX 1490 ASPEN CO 81612 GERD M. ZELLER P.O. BOX 37 ASPEN CO 81612 GRAEME MEANS P.O. BOX 4956 ASPEN CO 81612 HISPATEL CORPORATION A DELAWARE CORPORATION 550 BILTMORE WAY CORAL GABLES FL 33134 J. ROBERT WEIEN P.O. BOX 3506 ASPEN CO 81612 JAMES C. KEMPER SHARON M. KEMPER P.O. BOX 25 SUGAR LAND TX 77487 LOTS M & N, BLOCK 25 617 MAIN ST. PROF., #E 617 MAIN ST. PROF., #H 700 WEST HOPKINS, #15 700 WEST HOPKINS, #9 VICTORIA SQUARE, LOT 1 LOTS E & F, BLOCK 18 SKANDIA TOWNHOUSES, #E LOT G, BLOCK 19 LOT B, BLOCK 25 JANICE M. SCHUBERT 99% 700 WEST HOPKINS, #12 JEAN T. SCHUBERT 101 EAST COOPER AVENUE ASPEN CO 81611 JAY WEINBERG VICTORIA SQUARE, LOT 3 111 NE 1ST STREET MIAMI FL 33132 JAY WEINBERG VICTORIA SQUARE, LOT 7 111 NE 1ST STREET MIAMI FL 33132 JIM IGLEHART 617 MAIN ST. PROF., #B 610 WEST HALLAM ASPEN CO 81611 JOHN W. TAYLOR 700 WEST HOPKINS, #4 31050 W. THOMPSON LANE HARTLAND WI 53029 LINDA VIEIRA 1/3 & TERESA HALL 1/3 SMB CONDOMINIUMS, #103 KAREN OWNES & MALLORY T. HARLING 1/3 605 WEST MAIN STREET ASPEN CO 81611 LINDA VIEIRA 1/3 & TERESA HALL 1/3 SMB CONDOMINIUMS, #104 KAREN OWNES & MALLORY T. HARLING 1/3 605 WEST MAIN STREET ASPEN CO 81611 LISA CELESTE D'AGOSTINO LITTLE VICTORIAN, #1 SUITE 1 634 WEST MAIN STREET ASPEN CO 81611 LITTLE VICTORIAN COMMON AREA CONDOMINIUM ASSOCIATION C/O COATES, REID & WALDRON 720 EAST HYMAN ASPEN CO 81611 LOUIS F. SABATASSO VICTORIA SQUARE, LOT 4 MARY LOU SABATASSO 225 NORTH 6TH STREET ASPEN CO 81611 MARCIA A. SOUTHWICK 700 WEST HOPKINS, #2 2915 S. 29TH STREET LINCOLN NE 68502 MARIDEE CHRISTOPHER SKANDIA TOWNHOUSES, #A P.O. BOX 1325 ASPEN i CO 81612 MARIDEE CHRISTOPHER SKANDIA TOWNHOUSES, #B LYNN B". PIPER 3415 MORRISON T NW WASHINGTON DC 20015 MARK WRYAN SMB CONDOMINIUMS, #A P.O. BOX 11591 ASPEN CO 81612 MARTHA W. MADSEN LOT S, BLOCK 25 APARTMENT 9 608 W. HOPKINS AVENUE ASPEN CO 81611 MARTHA W. MADSEN LOTS Q & R, BLOCK 25 APARTMENT 9 608 W. HOPKINS AVENUE ASPEN CO 81611 MARY E. HAYES LITTLE VICTORIAN, #6 209 EAST BLEEKER STREET ASPEN CO 81611 MATTHEW B. KELLNER VICTORIA SQUARE, LOT 5 4140 WHISPERING OAKS LANE DANVILLE CA 94526 MERLE ELLEN JABLIN 700 WEST HOPKINS, #14 P.O. BOX 778 ASPEN CO 81612 NANCY J. HADDAD 700 WEST HOPKINS, #3 P.O. BOX 11453 ASPEN CO 81612 NANCY JANE MANGHAM LOTS C & D, BLOCK 18 9021 DICKSON ROAD FORT WORTH TX 76179 PATRICIA J. STRAIGHT 617 MAIN ST. PROF., #I P.O. BOX 59 WOODY CREEK CO 81656 PATRICIA J. STRAIGHT 617 MAIN ST. PROF., #L 4 P.O. BOX 59 WOODY CREEK CO 81656 RICHARD A. VOSSLER LITTLE VICTORIAN, #8 KATHLEEN C. VOSSLER 5000 RIVERSIDE DRIVE COLUMBUS OH 43220 RICHARD E. LONG LOTS Q-S, BLOCK 12 LOIS N. LONG P.O. BOX 1314 ASPEN CO 81612 RICHARD E. RUDOLPH 617 MAIN ST. PROF., #F P.O. BOX 1089 ASPEN CO 81612 RICHARD E. RUDOLPH 617 MAIN ST. PROF., #G P.O. BOX 1089 ASPEN CO 81612 RICHARD E. RUDOLPH SMB CONDOMINIUMS, #B CAROL J. RUDOLPH P.O. BOX 1089 ASPEN CO 81612 RICHARD HUTCHESON VICTORIA SQUARE, LOT 2 DELORES A. HUTCHESON 575 EAST LOCUST FRESNO CA 93720 RICHARD J. FLEISHER, 1/2 LOS A, BLOCK 24 I.F. ASSOCIATES 1/2 SUITE 1505 111 WEST WASHINGTON CHICAGO IL 60602 ! ROBERT H. THROM 617 MAIN ST. PROF., #C PHYLISS A. THROM 617 WEST MAIN STREET ASPEN CO 81611 RYANCO PARTNERS XXX 1 LOTS D-F, BLOCK 19 715 WEST MAIN STREET ASPEN CO 81611 S. MICHELLE DUNSDON 617 MAIN ST. PROF., #D DAVID A. BORKENHAGEN P.O. BOX 2225 ASPEN CO 81612 SAVANAH LIMITED PARTNERSHIP LOTS D-I, BLOCK 12 C/0 HADID ASPEN HOLDINGS E 600 E. COOPER STREET ASPEN CO 81611 SEVENTH & MAIN VENTURE LOTS A-C, BLOCK 19 A COLORADO GENERAL PARTNERSHIP P.O. BOX 10147 ASPEN CO 81612 SHADOW MOUNTAIN ASSOCIATES 1989 SMB CONDOMINIUMS, #2 SUITE 201 121 S. GALENA STREET ASPEN CO 81611 SHADOW MOUNTAIN ASSOCIATES 1989 SMB CONDOMINIUMS, #3 SUITE 201 121 S. GALENA STREET ASPEN CO 81611 SHEILAH JUDITH BRYAN 700 WEST HOPKINS, #13 P.O. BOX 976 ASPEN CO 81612 SHERIE MATILDA LE BLANC LITTLE VICTORIAN, #2 SUITE 2 634 WEST MAIN STREET ASPEN CO 81611 SKANDIA CONDOMINIUM ASSOCIATION COMMON AREA C/O CASTLE CREEK MANAGEMENT ATTN: RON KINNELL P.O. BOX 542 ASPEN CO 81612 SMB CONDOMINIUM ASSOCIATION (NO ADDRESS AVAILABLE) J SUSAN TAN P.O. BOX 12020 ASPEN CO 81612 SUSI R. COCHRAN P.O. BOX 11673 ASPEN CO 81612 SUZANAH V.K. REID P.O. BOX 10443 ASPEN CO 81612 TED LENIO P.O. BOX 9854 ASPEN CO 81612 TERRY END 700 GILLESPIE STREET ASPEN CO 81611 TETSUJI AOYAMA AKIKO AOYAMA 4523 48TH AVENUE NE SEATTLE WA 98105 TETSUJI AOYAMA AKIKO AOYAMA 4523 48TH AVENUE NE SEATTLE WA 98105 THE JAY N. WEINBERG TRUST SUITE 600 111 NE FIRST STREET MIAMI FL 33132 THOMAS MARSHALL 300 RIVERSIDE AVENUE ASPEN CO 81611 COMMON AREA SKANDIA TOWNHOUSES, #C 700 WEST HOPKINS, #5 700 WEST HOPKINS, #1 700 WEST HOPKINS, #10 SKANDIA TOWNHOUSES, #D SMB CONDOMINIUMS, #1 SMB CONDOMINIUMS, #A VICTORIA SQUARE, LOT 8 700 WEST HOPKINS, #7 VICTORIA SQUARE PUD HOMEOWNER'S ASSOCIATION C/O ASPEN SNOWMASS CARE P.O. BOX 6028 SNOWMASS VILLAGE CO 81615 W. EVERETT & ELEANOR B. BIGGS 1/2 AND WILLIAM D. BIGGS 1/2 1036 CRAIGLAND COURT KNOXVILLE TX 37919 WESTON ANSON SUSAN ANSON P.O. BOX 7953 ASPEN CO 81612 WILLIAM A. LEVIN P.O. BOX 3004 ASPEN CO 81612 WILLIAM LENTZ, JR. P.O. BOX 1098 LINCOLNTON NC 28092 WILLIAM V. UHLHORN FLORENCE M. UHLHORN P.O. BOX 10832 ASPEN CO 81612 COMMON AREA LOTS M-P, BLOCK 18 LOTS H & I, BLOCK 19 LOTS 0 & P, BLOCK 24 LOT N, BLOCK 24 LOTS 0 & P, BLOCK 25 Count AFFIDAVIT OF NOTICE BY POSTING OF A y,of Pitkin } VARIANCE HEARING BEFORE THE CITY OF } ss . ASPEN BOARD OF ADJUSTMENT ( Pursuant State of Colorado } to Section 6-205 (E) (b) of the Muni- cipal Code) The undersigned, being first duly sworn, deposes and says as follows: --- being or representing an Applicant before the. Pitkin County Board of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as -it could be seen from the nearest public way) and that the said sig.i was posted and visible continuously from the day of 19 to the day of (� c v �� 19 (Must be posted for at least ten (10) full days before the RF11W 01 APPI.IC ATION F A VA k ,; (' F: F It U M THE Z O N E G Ap 1 icant' s Signature APPL1C*A\T: _ 5.3� TYPE OF VARIANCE 17 ih the rr1�11?z1in /te a 6 Ct2�) A 1� 7�A.01 cG zkIre I�FnL or, I)ATE O AI�t�L I('ATin N : � �� D OFHEARING: �g �99� Q(JF..ST1(NS 0It c:c �I��TS sfcc)(1l.0 "'r K FERRED TO TJJk CITY (;I.I:"ItK. icr. Wry HALL. Dl�RIpjr; WnKAIAL WISMESS If O U RS. Subscri�beed, and sworn to before me this Ll± Iday of 1 3 , by 7�30 n E. S, WITNESS MY HAND AND OFFICIAL SEAL. Nay Commission expires: C,J Notary Public's Signature C - C) Addifess AFFIDAVIT OF NOTICE BY POSTING OF A County; of Pitkin } VARIANCE HEARING BEFORE THE CITY OF } ss. ASPEN BOARD OF ADJUSTMENT (Pursuant State of Colorado } to Section 6-205(E)(b) of the Muni- cipal Code) The undersigned, b"ing first duly sworn, deposes and says as follows: being or representing an Applicant before the. Pitkin County Board of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as •it could be seen from the nearest public way) and that the said sign was posted and visible continuously _, 19 from the day o f to the day of (Must be posted for at haari nn �at'P1 _ • ►\0TI(;E OF APPLICATION FOR A VA IZ I A N (; E FROM 1THE %ON1 NG C01)E N AM E A 1)I)it E S S OF A i-)131.1(: A N T TYPE OF VARIANCE It E Q U E S T E 1) :A ,f vzcw6 a 14w?�P4 '/o� 0,/V0 ;�'v, 2v 7i� VAJ 'AfE OF AI)I)I.I('A\TIo N : st / fz 113ATE OF HEARING: QU ST IW!'o Olt (:O1► NI ENTS i��: REFERRED TO THE C! (;i rY HAI.I.. 1)llltING alielmPee 1.ea5t'_t7 (10) full days before the r Awl icant' s Signature Subscribed and sworn -to before me this da of •e e e— (,c.�e, 19� by pA WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: % Notary Public's Signature f�jq Cn Add ess From SUEN ERIK ALSTROM AIA PHONE No. 303 9254576 Aug.16 1993 9:56AM P01 Sven Erik Alstrorn ALA ARCHITECTURE ■ INTERIOR DESIGN 26 July, 1993 Thomas and Susan Hilb OCEAN PACIFIC IMAGES, INC. 4600 East 48th Avenue Denver, Colorado 80216 Post -it" brand fax transmittal memo 7671 �+ of paws ► 1:Jam!'' CA Frog► Dept, Phone N Fax N Fax N RE: ' 127 McSkimming ZONING SUMMARY LOT 1 BLOCK 1 ASPEN GROVE SUBDIVISION Zone District R15113 Moderate Density Residential MINIMUM LOT SIZE 15,000 sq. ft. `approx.8505ofrecord "(see survey by Aspen Survey Engineers) (calculatedarea 9145) MINIMUM LOT AREA PER DWELLING UNIT 150000 sq. ft. non conforming MINIMUM LOT WIDTH 75 feet non conforming MINIMUM FRONT YARD 30 feet non conforming MINIMUM SIDE YARD 5 feet non conforming MINIMUM REAR YARD 10 feet 24 feet MAXIMUM HEIGHT 25 feet x field verify MINIMUM DISTANCE BETWEEN DETACHED 10 feet none PERCENT OF OPEN SPACE REQUIRED no requirement n / a FAR ALLOWABLE ' based on 9145 sq. ft. lot area 2880 sq. ft. plus 5 sq, ft. for each additional 100 sq. ft. of lot area (145 / 100 145 sq. ft. additional) 2880 + 145 -3025 allowable sq. ft. Existing FAR Lower Level = 970 sq. ft. garage 407 sq. ft. Upper Level 220 s Existing Total = 21367 sq. ft. New FAR Lower Level = 78 sq. ft. Upper Level = 56�SQ, ft, Total = 134 sq. ft. TOTAL FAR Me 2501 sq. ft. FAR Allowable Remaining = 624 sq. ft. Al ,,. OFF STREET PARKING REQUIREMENT one per bedroom Sox 551 ■ Aspen, Colorado 81612 303 925 1745 NOTICE OF PUBLIC HEARING CASE #93-13 THOMAS AND SUSAN HILB 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 SECOND FLOOR MEETING ROOM OF City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, 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 2, 1993. Time: 4:00 p.m. Owner for Variance: Appellant for Variance: Name: THOMAS & SUSAN HILB SVEN ALSTROM, AIA Address: C/O OCEAN PACIFIC IMAGES, INC. 4600 EAST 48TH AVE., DENVER 80216 Location or description of property: 127 MCSKIMMING ROAD --LOT 1 ASPEN GROVE SUBDIVISION - Variance Requested: PROPERTY IS' LOCATED IN THE R-15B ZONING CATEGORY. REQUIRED FRONT YARD SETBACK IS 30 FEET. SECTION 5- 204(D)(4) ASPEN LAND USE CODE. APPLICANT APPEARS TO BE REQUESTING A VARIANCE OF 18 FEET TO ALLOW A 12 FOOT FRONT YARD SETBACK TO BUILD STAIRS. Will applicant be represented by counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk Sven Erik Alstrom AIA 4 August, 1993 Planning and Zoning CITY OF ASPEN 130 S. Galena Aspen, Colorado 81611 ARCHITECTURE ■ INTERIOR DESIGN RE: 127 McSkimming Road City of Aspen Board of Adjustment Development Application Gentlemen: Following initial . review and denial of our permit application we have prepared the attached materials to apply for a variation from the zoning for the purposes outlined below. Variation Requested Front yard setback variation to 18'-0' for stairway addition This variation is less than the projection of existing corners of the building into the setback. (see plans) Tom and Susar, Hilb would like to remove the existing 30 inch wide stair within the existing residence and replace it with a stair addition as shown on the attached drawings. We have designed a minimal addition to this residence to provide a safer and better stair. This house is located on a narrow triangular lot alongside McSkimming Road. Though technically considered the front setback the area that we seek a setback variation within is located at the eastern side of the house. (see photos attached). We have designed this stair to projecl, as little as possible from the house The vagiation requested is less than those of two existing corners of the residence. in this sense we are not "increasing a non -conformity". Standards Applicable to all Variance Requests A. Aspen Area Comprehensive Plan This minor addition to a residence to improve the safety is not in conflict with any development plans. B. Minimum Variance Requested This variation allows us ONLY to provide a safe means of egress and an improved stairway for the building. This stair addition has a small footprint and will not represent a significant addition to the building except in terms of an important increase in safety. Box 551 ■ Aspen, Colorado 81612 303 925 1745 312 F. Aspen Airport Business Center 303 925 4576 FAX U)T m 3 � D� 00 � ► �Z os, T Ln NJ 0 tr"o z Ln NT