The URL can be used to link to this page

Home My WebLink Aboutagenda.boa.19940203CITY OF ASPEN BOARD OF ADJUSTMENT FEBRUARY 3, 1994 4:00 P.M. SECOND FLOOR MEETING ROOM A G E N D A I. CALL TO ORDER ROLL CALL II. CASE #94-1 JAMES S. & FLORENCE P. ADAMS III. MINUTES SEPTEMBER jr0, 1993 OCTOBER 14, 1993 ITT. ELECTION OF OFFICERS V. ADJOURN NOTICE OF PUBLIC HEARING CASE #94-1 JAMES S. AND FLORENCE P. ADAMS 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: FEBRUARY 3, 1994 Time: 4:00 p.m. Owner for Variance: Name: JAMES & FLORENCE ADAMS Address: 795 MEADOWS ROAD Location or description of property: LOT #3, SECTION 12 - ADAMS TRACT Appellant for Variance: JAMES S. ADAMS Variance Requested: PROPERTY IS LOCATED IN THE R-15 ZONING CATEGORY. MINIMUM LOT WIDTH IS 75 FEET. MINIMUM SIDE YARD SETBACK IS 10 FEET. SECTION 5-202 (D) (3) AND SECTION 5-202 (D) (5) ASPEN LAND USE CODE. APPLICANT APPEARS TO BE REQUESTING A 9 INCH MINIMUM LOT WIDTH VARIANCE AND A 10 FOOT SIDE YARD VARIANCE IN ANTICIPATION OF FUTURE LOT SPLIT. 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 CITY OF ASPEN BOARRD OF ADJUSTMENT. DEVELOPMENT APPLICATION DATE January t3 1994 CASE # APPLICANT James S. and Florence P. Adams PHONE 925-3388 MAILING ADDRESS 7.95 'Meadows Road, Aspen, CO 81611 OWNER James S and Florence P. Adams PHONE 925-3388 MAILING ADDRESS 795 Pvleadows Road. Aspen, CO 91611 LOCATION OF PROPERTY Lot 3. Section 1 - Adams Tract (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL? YES 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 application, and will be made part of this case. Variance request is attached Applicant's S i naturza _ _ -c��...�. � , g 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 ADAMS TRACT .DIMENSIONS West boundary line 150.00'; North boundary line 239.541; South boundary line 231.23'; East boundary line 149.26'; an approximate total of 36,000 square feet. The sewer line easement on the west side of the parcel amounts to approximately 24.48 square feet, leaving a. net of approximately 33,000 square feet. REASON FOR VARIANCE REQUEST If the tiarcel was to be split on a centerline running east to west through the parcel, we would have more than the minimum square footage required for each of the two lots, However, the east boundary line of each of the lots would be approximately 4i inches short of the re- quired. ?5 foot width. The attached original 1954 survey plat and the subsequent 1963 survey plat both show that the parcel width of 150' would comply with the current minimum lot split width of 75' for each lot. In 1991 we acquired and added additional acreage to the east side of the original parcel. The degree of angle change in that survey of the current east boundary line of the parcel has caused a reduction in the width of the parcel of approximately 9 inches. And it is this discrepancy in the surveys which makes it necessary for us to request a variance. VARIANCE REQUEST We requestthat the Board of Adjustment grant us a variance for the 9 inch discrepancy on our parcel's east boundary line. We also request an additional variance from the side yard set back requirements for the existing structure, which will bein non-conformance once the parcel is split. We ask that these two variances will apply during the legal term of the variances, to the current owners as well a.s future owners. We believe that the granting of these two variances will, in no way, create a condition contrary to the public in- terest. STATEMENT OF HARDSHIP We have been deprived of the ability to meet the City of Aspen's ordinance for minimum lot split requirements be- cause we took advantage of an unsolicited opportunity in 1988 to add additional acreage to our original parcel. We were able to increase the total square footage of our parcel, but, inadvertantly, the final surveys of the re- located east boundary line (of our current parcel with the additional acreage) resulted in a decrease in parcel width of 7" to 9", depending; on which of the last two surveys is the most accurate. ASPEN. • PITKIN January 12, 1994 PLANNING & ZONING DEPARTMENT Mr. Jim Adams 7.95 Meadows Road Aspen, Co.lorado 81611 Dear. Mr . Adams, This letter is in reference to our pre -application conference. We discussed the possibility of a Lot Split for your property, 795 Meadows Road, zoned R-15. The size.' of your parcel and•'the fact• that it is a metes and bounds parcel which has not been subdivided would provide you the ability to pursue a Lot Split.. However, your property is not wide enough to create two lots that conform to the R-15 zone district. Your survey indicates that the front of your. property .is approximately 149.'6 inches wide.' Therefore -you are about 6 inches short of the 150 feet required to create two lots each with a 75 foot minimum width as..required in the R-15 zone district. The - Plann'ing Department cannot recommend approval of a lot split that creates a nonconformity. Therefore, you must first request a minimum i'ot width variance from the Board of Adjustment. If,your variance is granted you may then apply for a Lot -Split. Please• be aware that a variance will automatically expire after twelve, months from the date of approval unless development has commenced -as illustrated by the issuance of a building permit (Section 24-10-107.A). However, an applicant may request,,an extension for up to twelve months with a demonstration' of good cause showing.that an extension is necessary. Please- allow* this, letter to serve as your "denial" necessary to apply for a minimum lot width variance. ncerely,. ' Leslie Lamont, Senior Planner 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611 - PHONE 303.920.5090 • FAx 303.920.5197 Printed on recycled paper PROPERTY OWNERS WITHIN 300' OF 795 MEADOWS ROAD City of Aspen c/o Bill Druedi.ng; 130 South Galena St. Aspen, CO 81611 RHH Aspen Trust c/o Marc A. Neurman Two North LaSalle St. Chi cap,o, IL 60602 Hollenbeck, John I and Caren Gamicia Chisholm, Jane Hollenbeck and John Walter c/o Dr. Lloyd Shields 4200 East Cedar St. Denver, CO 80222 Kelly Family, Ltd. c/o John Kelly 533 Fast Hopkins St. Aspen, CO 81611 Savanah Limited Partnership c/o Joe Imbriani 600 East Cooper St. Aspen, CO 81611 Aspen Institute 1000 North 3rd 'fit . Aspen, CO 81611 Goldsbury, Christopher Box 12636 San Antonio, TX 78212 Pace Foods, Inc. c/o Poer and Company 1200 17th Street, Suite 960 Denver, CO 80202 SUPPORTING DOCUMENTS VARIANCE REQUEST - ADAMS TRACT LOCATED IN LOT 3, SECTION 1 T. 10, R. 85, W of the 6th PM CONSISTING OF APPROXIMATELY 34, 000 SQ . FT. l.L �•+Wi•� 1A If .Rt +.•�,�^.' :1 1-'�.:.•!L� r1N::. .. ,x„�" t' / \ •i'1T�'!1. iT 1. •i v. ;Yt• IW .14 S • :t' �. y 1. rt • av� I•` Hp '•r•!. H �,t � 1T: t'• •i� �`,,�� •..f` ,r , ;�•.•.�i „�•� �JP'(,"': .. j -� • • .... �100 !r 7C=3LOT 1 i 6 � -j -ed Parking ik' paces •iowffParking Spaces------------ -T Via ro Shop i L-7, altar us Courts' located - - _r-- --�.__ r.•. �. a .r+ , t pac i !. f r ' or /11 _•• % 1 I l! -ack Race Tr •. i ' ' — ' Open Space ,ydccp,..lrr.•' I ,f I , i r r P V0 10 AAr o�> -Oro 0 co uw r th ` d c/ 'ca n z � � 10 <A- �nn c. N- io> -� o r to M n > o �. a V N � � 0 A 00 �wn•�, 5�o4va' A z M f CD P 200.0 y I �S O tJ 1A A + ORtcSp►-4ALLS URvS L A p CD Ta1�1.82 N w oa sww 1So•� ��c � o r _ Lq F Fxwatr c �i I 0 ° 4' 150.00, ohoa 4 ( 3 °hj ri 4 C h vl c aoc'� �0 yr� no �o�ha n n : gipp,� ti o %(a rey o h h y o n w C i (A _ OD Y 4 y / •: 4.0 •ID. � � 29 2 M t a h 22.OT• = o : a M e •o G � G � a wIS' ROAD EASEMENT n !%TENDS SOUTH TO COUNTY ROAD A� / A 0°64' W 160. 0 �ZI A MA� / 0 _ D COUNTY ROgp � c D () O < -v m Zo �— W D o D r-mL mz n m _ O I n N O --1 Q Z _C Z U O O "u i n ONO0 O D < z �" c) K mm z cn -1 W 10 �vo '960 $ n D> Z� N ccpp �• �? a cam. A 8 Z Q T C N S u � V s r Y Nrn rn y'1 = rnrn A A rn aA :Z 7t A�Z � rn 7 _T Z v Ix r� iAV 3 D rn_< J� o� J � 1 __— .. T r � —ii IJ7 rs t a r rcn Z __MEADOWS R OA p a rnr� m rn uc fifi~ 2 3� N Z 3 i ; Meadows ROad Trail 40, R.O. W. 9 O m a=5 mo CL C') CD n CD rn < m cc rn CD cn m �2. 0 = 4 CD 0 CD Z Z r�