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Home My WebLink Aboutagenda.boa.19931006CITY OF ASPEN BOARD OF ADJUSTMENT OCTOBER 6, 1993 4:30 P.M. SECOND FLOOR MEETING ROOM A G E N D A I. CALL TO ORDER ROLL CALL II. CASE #93-18 BRUCE BERGER (CONTINUED FROM SEPTEMBER 30, 1993) III. ADJOURN NOTICE OF PUBLIC HEARING CASE #93-18 BRUCE BERGER 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 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 30, 1993 Time: 4:00 p.m. Owner for Variance: Name: BRUCE BERGER Address: 314 WEST GILLESPIE Location or description of property: Appellant for Variance: SUTHERLAND FALLIN, INC. 314 WEST GILLESPIE, WESTERLY TRACT, C.F. MURPHY SUBDIVISION EXCEPTION Variance Requested: PROPERTY IS LOCATED. IN THE R-6 ZONING CATEGORY. A 61000 SQUARE FOOT LOT SIDE YARD SETBACK REQUIREMENT IS 5 FEET. SECTION 5-201(D)(5) ASPEN LAND USE CODE. APPLICANT APPEARS TO BE REQUESTING AN ENCROACHMENT OF 2.1 FEET INTO THE SIDE YARD SETBACK TO ADD A ROOF ENLARGEMENT. 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 September 13, 1993 Kim Johnson Aspen Planning Department 130 South Galena Aspen, Colorado 81611 CERTIFICATE OF M1AIL--'YG RE: P&Z Review - Landmark Designation of 834 West Hallam, aka Poppies Bistro Cafe. Dear Kim, I hereby certify that the attached Notices of Public Hearing were mailed to the addresses on the attached List of Surrounding Property Owners on or before 12 noon Saturday September 11, 1993. Sincerely, 44� I . Jake Vickery Architect PO Box 12360 Aspen, CO. 81611 POPMAIL2.WPS PUBLIC NOTICE RE: 834 W. HALLAM STREET HISTORIC LANDMARK DESIGNATION NOTICE IS HEREBY GIVEN that a public hearing will be held on October 5, 1993, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission in the second floor meeting room, City Hall, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by Michael Hull to Landmark Designate 834 W. Hallam Street, Lots K and L. Block 10, City and Townsite' of Aspen. For further information, contact Amy Amidon at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO, 920- 5096. s/Bruce Kerr, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on September 17, 1993. PUBLIC NOTICE RE: 834 W. HALLAM STREET HISTORIC LANDMARK DESIGNATION NOTICE IS HEREBY GIVEN that a public hearing will be held on November 8, 1993, at a meeting to begin at 5:00 p.m. before the Aspen City Council in Council Chambers, City Hall, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by Michael Hull to Landmark Designate 834 W. Hallam Street, Lots K and L, Block 10, City and Townsite of Aspen. For further information, contact Amy Amidon at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO, 920-5096. s/ Mayor John Bennett Aspen City Council Published in the Aspen Times on October 22, 1993. Searight, Grist, Doyle Mr. & Mrs. Paul J. Murry 3711 Eastledge Drive 12101 Cambridge Court Austin, TX 78731 Nfinnetonka, MN 55343 Mr. Ric Ricciardi Mr. & Mrs. Robert D'Alessio P.O. Box 3167 4902 Ten Nfi& Road Aspen, CO 81612 Columbia, MD 21044 Ms. Laura Samuels Ameneh Fatahi P.O. Box 4934 P.O. Box 8080 Aspen, CO 81612 Aspen, CO 81612 Aspen Square Condominium Assoc. Mr. & Mrs. Alejandro Topelson 617 E. Cooper Avenue 5300 DTC Parkway, #400 Aspen, CO 81611 Englewood, CO 80111 Mr. & Mrs. Harold Haddon NU. Frances M. Uhler 409 21st Street P.O. Box 49 Denver, CO 80205 Washington, NJ 07882 Elten Kuper Mr. Gary R. Lichtenwalter 133 N. 8th Street 417 Taylor Aspen, CO 81611 Joliet, IL, 60435 Ms. Sandra Dale Vanghagen Mr. & Mrs. Nicholas Pullos 100 N. 8th Street 814 W. Bleeker, #E-2 Aspen, CO 81611 Aspen, CO 81611 Mr. Edward Steinberg Klaus & Henry Obermeyer 1068 Holly Street P.O. Box 130 Denver, CO 80220 Aspen, CO 81612 Mr. & Mrs. Victor England Ms. Nancy R. Hihrichs P.O. Box 245 100 N. 8th Street, #2 Quarryville, PA 17566 Aspen, CO 81611 Ms. Jacqueline L. Larner Ms. Betty M. Di Bartolomeo 1952 Leyden Street 3795 Indian Trail Denver, CO 80220 Orchard Lake Village, MI 48033 Mr. Jerry S. Hoagatt Themis Zambrzycki Glatman 85 Dream Court Bruce Glatman Metairie, LA 70001 20034 Calvert Street Woodland Hills, CA 91367 Joy Eidson Revocable Trust Arvin Wayne Eidson Revocable Trust P.O. Box 271 Sulphur, OK 73086 Mr. & Mrs. Jose Grinberg Sierra Mazapil #135 Col. Lomas de Chapultepec 11000 Mcxico, D.F. Nancy Kay Funk Revocable Trust c/o Indiana Trust & Investment Xf gmt. Co. P.O. Box 5149 Mishawaka, IN 46546-0149 Mr. Michael E. Heisley c/o Heico, Inc. 145 N. Swift Road Addison, IL 60101 Mr. & Mrs. Kenneth Kurtz c/o Brakur Custom Cabinetry, Inc. RR 67 Rt. 59 Joliet, IL 60435 Mr. & Mrs. Robert Shallcross Suite 8 225 Westwind Drive Avon Lake, OH 44012 Mr. & Mrs. Samuel Eichner Suente de Piramides #2403 Tecamalchalco MEXICO 53950 Mr. & Mrs. Joseph Mitton Mr. David Frankle 2121 Wagner Glenview, IL 92121 Duc Phong Luu c/o Luu Bros. Cleaners Express 435 E. Main Street Aspen, CO 81611 Mr. and Mrs. William Schaffer Apt. 193 3120 Orange Leaf Memphis, TN 38115 Mr. Charles R. Morris, Jr. Aspen Villas Management 814 W. Bleeker Aspen, CO 81611 Tong Khon Luu Tuyet Le Tran P.O. Box 2785 Aspen, CO 81612 Mr. & Mrs. Richard Cohen P.O. Box 1806 Aspen, CO 81612 Mr. Vincent Partyka 814 W. Bleeker Street Unit E-3 Aspen, CO 81611 Minnesota Maternal -Fetal Medicine 2115 Dwight Lane Minnetonka, MN 55305 Mr. & Mrs. Heinz E. Coordes 233 W. Main Street Aspen, CO 81611 Ms. Sally Burchell 930 W. Francis Aspen, CO 81611 Ms. Katie Skiff 920 W. Hallam Aspen, CO 81611 Mr. & Mrs. Carl Bergman P.O. Box 1365 Aspen, CO 81612 Ms. Denise Ann Jurgens P.O. Box 3780 Aspen, CO 81612 Mr. Troy Terrell Mr. & Mrs. George Gong -Guy P.O. Box 10725 Aspen, CO 81612 Mr. Tames Blanz 2553 N.E. 11th Street Ft. Lauderdale, FL 33304 Mr. Michael Behrendt 334 W. Hyman Avenue Aspen, CO 81611 Ms. Lida Jane Russell Mr. David Conlin 910 W. Hallam, #3 Aspen, CO 81611 Mr. Anthony I Petrocco P.O. Box 10659 Aspen, CO 81612 Mr. & Mrs. Ronald Erickson 800 S. Monarch Street Aspen, CO 81611 Mr. & Mrs. P.O. Box 44 Aspen, CO 81612 Ms. Elizabeth Talenfeld 915 W. Francis Street Aspen, CO 81611 Mr. & Mrs. Andy Sanchez P.O. Box 1801 Aspen, CO 81612 Mr. Michael Toth 910 W. Hallam, #2 Aspen, CO 81611 Mr. & Mrs. Thomas Anderson P.O. Box 226 Aspen, CO 81612 Mr. & Mrs. George W. Madsen, Jr. -0, 33 1 'W. Francis Street Aspen, CO 81611 8 55 W. Hallam, Inc. �-i c1f) Etkins E'quitaws, 1C. I I � 12 Larimer Street, #325 Denver, CO 80202 Gerd M. Zeller P.O. Box 37 Aspen, CO 81612 Mr. Charles Dolan Dolan Realty Trust 170 Sandy Pond Road Lincoln, MA 01773 Stape Ltd. Co. 533 E. Hopkins Avenue Aspen, CO 81611 Christian Science Society 734 W. Main Street Aspen, CO 81611 '- 11 U-.S. Forft-fst Service 806 W. Hallam Aspen, CO 81611 List of Properties within 300 it. Radius of Pappie8 273 5-123-02-001 -002 03-003 -005 14-001 -002 -003 -004 -005 -006 -007 -008 -009 -010 -011 41-001 00-020 2735-124-30-001 45-001 -006 -010 Aspen Villas 2735-123-05-001 through 05-027 Villas of .Mpen, Units 1-11 coy crealim consir"Clion 0 Inh9rior89 Inco October 4, 1993 Mr. & Mrs. Martin Block 311.W. North Street Aspen, Co. 81611-1350 Mr. & Mrs. Block, Your letter to the Aspen Planning & Zoning Commission was a complete surprise and shock to us. It was Mrs. Block that came to our drive and introduced herself, stating "I hope the new home you are building will be as beautiful as the one you are in now". We would like to take this opportunity to correct you and enlighten you and also give you our views. We have been coming to Aspen for over thirteen years, fell in love with it, built our home here four years ago and moved here as full- time residents last year. We are not building an ADU unit to avoid paying $20,000.00 to the City, to gain more sq. footage or to look into your bed- room (which I am sure will be charming). We do not own a fleet of three cars, two motorcycles, one truck and one limo. We own two Jeeps, one E1 Camino (used for our business) the limo is for sale and one Harley Davidson. We also are not responsible for the fact that you chose to put your bedroom view -to the alley. We chose to live in the West End because of the quaint Victorian, picturesque setting. You are not an Aspenite because you do not have one blade of grass, do not plant one flower, do not maintain your yard, live in squalor and debris or own a contem- porary home in a Victorian village. As for paving the alley, maybe you should be notified that the City would like everyone to do this to keep the dust down in the West End. Also, I never spoke to you about working on my cars in the alley Mr. Block. My cars are professionally maintained. Also, maybe you should know that the city of Aspen does not like garbage displayed in the alley and asked that we report you. 415 E. HYMAN AVENUE - ASPEN, CO 81611 (303) 920-2686 - FAX (303) 920-2673 Mr. & Mrs. Martin Block, Page2.................. Mr. Block, the alley has been blocked for months by the people working on your addition (apparently you wanted more square footage also) as well as all of their trucks blocking our entrance and parking on our future homesite. We have not complained, nor have we complained when all your vehicles, as well as your visitors vehicles, are parked on the street. Nor do we complain that lumber is all over your front lawn and sidewalk, thrown in disaray and that we have lost a house sale on our existing home because the prospective customer could not look across the street at a home so slovenly kept. We are, however, applying for the ADU unit because that is what the City of Aspen asks for. As builders of quality, luxury homes, meticulously kept, we try to conform. As permanent residents of Aspen, we want to give to our city, not take away. Mr. Block, we also have a very ill feeling of a person that must leave a threatening, malicious note under the wiper of a car in front of our house, or a man that cannot quote him- self, but must quote others. A quote from Bill Cosby, "Love They Neighbor" is to be more tolerant of others and less tolerant of bigots "The silent hatred that we all carry needs to be stripped, "Cosby said, "I'm not asking you to come across the street and kiss me, I'm asking you to leave me alone". We have an ill feeling of a man that cannot knock on his neighbor's door if he wants to know something and a man that gets a petition signed by others against him. This petition was signed by your friends who are not in the radius that gives them the right to vote. Only three of the people that signed this are in the radius. It is a shame that we are leaving the wonderful neighbors Mr. & Mrs. Trentas of four years to move one block away to such hostility. S ' osep ; �I . cCoy ' - l llian M. McCoy ;' PUBLIC NOTICE RE: EAST HOPKINS AFFORDABLE, HOUSING DEVELOPMENT MAP AMENDMENT, GMQS EXEMPTION, SUBDIVISION, STREAM MARGIN REVIEW, CONDOMINIUMIZATION, SPECIAL REVIEW AND VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 5, 1993 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by the Aspen/Pitkin County Housing Office, 530 E. Main St., Aspen, CO, requesting approval of a map amendment to rezone to Affordable Housing (AH), GMQS exemption, subdivision, stream margin review, condominiumization, special review for parking and open space, and vested rights. The applicants propose four 100% deed restricted employee dwelling units. The property is located at 1010 E. Hopkins; Lots F, G & H, Block 33, East Aspen Addition, and Tot 5, Block 5; Riverside Addition. For further information, contact Kim Johnson at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5100. sLBruce Kerr, Chairman Planning and Zoning Commission Published in the Aspen Times on September 17, 1993 City of Aspen Account 14-fid a1-11/11aJW- Ai /a/_0� PO Uj xd� in1 Vk�o2 kr 0 --� C'('- The Aspen Times, Saturday -Sunday, September 18-19 1993 IS_C TICE RE; EAST HOPKINSI PUBLIC AFFORDABLE HOUSING DEVELOPMENT MAP AMENDMENT, GMQS EXEMPTION, SUBDIVISION, STREAM MARGIN REVIEW CONDOMINIUMIZATION REVIEW AND VESTED RIGHTS , SPECIAL Ing NOTICE IS held HEREBY GIVthat a public hear_ a meeting to begin at 4 Tuesday,0 tuber 5' re t at Aspen Planning & Zoning p'm' before the Floor Meeting Room, Clt g Commission, 2nd Aspen, Colorado, to consider an an3a S. Galena, submitted by the Aspen/Pltkin County Housing Office, 530 C. Main St., a Housing approval of a ma amendment CO, requesting Affordable Housing mendment to rezone to subdivision, ousing (Ark of GMreviQS exemption, u►nlzation, special review for condomfni- space, and vested rlghts. The parking and open Pose four 100 percent deed -restricted 1010 lllfing units. The property is located at Aspen Addition on kins;Lodts F. G & Ff, Block 33, East Addition. For further Information,5, Block 5, Riverside .Johnson at the Aspen/Pitkinlnnin O iUm 130 S. Galena St., Aspen CO; 920-5100. g Office, s/Bruce Kerr, Chairman planning Commission And Zoning Published In the Aspen 17, 1993. Times on September coy �LD°�QII�¢Q9� cm 1,'a0Inco D°QmD'�i9 October 5, 1993 Mr. & Mrs. Dimitri G. Perros 280 Lake Avenue Aspen, Co. 81611 Re: 332 W. Smuggler Dear Mr. & Mrs. Perros In reference to your .letter to Ms. Leslie Lamont of the Aspen Planning and Zoning Commission opposing the approval for the accessory dwelling unit, please be advised of the following. - We are not trying to escape paying in lieu of for employee house and gaining more square footage, but instead trying to please the City of Aspen as we were under the impression that they encouraged the ADU units. I believe you are also misinformed about the large fleet we own. We own two Jeeps and one motorcycle which are constantly garaged,,an E1 Camino used for our business kept in our drive and a Limo brought up from Florida which is for sale. As far as the good of the neighborhood, we are in the luxury building business and should not be denied our livelihood. The only reason the new home was listed for sale was because we have not sold the one we are presently in and economically, we must sell, one or the other. We have greatly reduced the price of our present home so we may sell it and move into the newly planned home on W. Smuggler. You are certainly a credit to the West End and keep your home manicured, as do we and as we plan to with any home we construct or live in. It is a great disappointment that neighbors cannot call or come to see you if they have questions, but instead band behind your back, sign petitions against each other without true knowledge of the others intentions. 415 E. HYMAN AVENUE • ASPEN, CO 81611 (303) 920-2686 - FAX (303) 920-2673 Mr. & Mrs. Perros Page 2........... Loving Aspen and the West End, we moved here to be permanent; residents and build one home a year. We truly feel we are being discriminated against. We fully intend to continue to reside in the West End and certainly hope to find contentment here. We are not in the position to build and not sell homes and certainly do not want to rent or lease our homes. If we can be of further information, please do not hesitate to contact us. Sincerely, r ' 7 Josef H. M o y. LT.1 1 i an M . McCoy %` �► t �� 31 � 3 September 27, 1993 Kim Johnson Aspen Planning Department 130 South Galena Aspen, Colorado 81611 CERTIFICATE OF POSTING RE: P&Z Review - Landmark Designation at 834 West Hallam, aka Poppies Bistro Cafe. Dear Kim, I hereby certify that a sign stating all required information from the attached Notices of Public Hearing was posted on or before 4 pm, Friday September 24, 1993. I further certify that the attached photograph is of that sign in place and was taken at the time of posting. Sincerely, -C W " Jake Vickery, Architect PO Box 12360 Aspen, CO 81611 PnPP(DSr-7-'2 . ,,7 T)S Applicant s gnature Subscribed and sworn to before me G this — day of by Atta�h photograph here) WITNESS MY hl.ND AND OFFICIAL SEAL. Ily Commission expires: ALI Z"") Notary publi 's Signature 5 Address I� r ' �t . ,-,& "AM This Affadavit certifies that I, John P. Schultheiss, mailed 33 letters of notice to the homeowners within a 300' radius from 332 West Smuggler Street on Monday, September 14, 1993 at the Hyman Ave. Mall Drop Box at 2:00 p.m. aL z 4 u� J P. Schultheiss c, (?4f 1'41�h klw 415 E. HYMAN AVENUE - ASPEN, CO 81611 (303) 920-2686 • FAX (303) 920-2673