HomeMy WebLinkAboutboa.agenda.20151006AGENDA
Aspen Board of Adjustment
REGULAR MEETING
October 6, 2015
3:00 PM Sister Cities Meeting Room
130 S Galena St, Aspen
I. SITE VIST
None
II. ROLL CALL
III. COMMENTS
A. Board Members
B. Planning Staff
C. Public
IV. MINUTES
July 7, 2011 Meeting Minutes
V. DECLARATION OF CONFLICT OF INTEREST
VI. PUBLIC HEARINGS
203 E Hallam St
VII. OTHER BUSINESS
VIII. ADJOURN
MEMORANDUM
TO: City of Aspen Board of Adjustment
FROM: Sara Nadolny, Planner Technician
THRU: Jennifer Phelan, Deputy Community Development Director
RE: 203 E. Hallam St.
MEETING DATE: October 6, 2015
_________________________________________________________________________________
APPLICANT/OWNERS: Karla Kelly, 203 E.
Hallam St., Aspen CO 81611
REPRESENTATIVE:
Seth Hmielowski, Z Group Architects
LOCATION:
203 E. Hallam St, Aspen CO 81611
CURRENT ZONING & USE: The property is
zoned R-6 and is used for a single-family
residence.
PROPOSED LAND USE: The property will
continue to be used for a single-family
residence.
SUMMARY: The applicant is seeking a
dimensional variance to allow below grade
living space, which is beneath the site’s
garage, to extend to the five foot rear yard
setback that is enjoyed by secondary
structures (eg: garages) rather than to follow
the ten foot rear yard setback.
STAFF RECOMMENDATION: Staff has not found
the proposal to fully meet the applicable review
criteria and must therefore recommend denial of
the request. However, Staff notes the
circumstances for this request to be unique to
this property given its approval history, and that
the variance may have marginal impact on the
subject site.
LAND USE REQUESTS AND REVIEW PROCEDURES: The applicant is requesting the following land
use approval:
• Variance pursuant to Land Use Code Section 26.314.040. The Board of Adjustment is
the final review authority for this request.
Figure A: Corner view of subject site. The former
single-family residence has been demolished.
Page 1 of 3
Figure B: Location of subject property.
Red Brick
Figure C: Image of below grade
living space that extends to the
5’ setback line (yellow),
generally reserved for secondary
structures. The 10’ setback line
(red) is also delineated.
PROJECT LOCATION: The subject site is a 6,000 sq. ft. lot located in the R-6 zone district,
directly across from the Red Brick Recreation
and Art Center. This property is situated on
the corner of E. Hallam and N. Aspen Streets.
BACKGROUND: On June 25, 2015 the applicant
received approval for the demolition of the
existing single-family residence and the
construction of a new single-family residence
on the site. A month later the applicant
submitted a change order to the Building Dept.
which reconfigured the location of the linking
element to the secondary mass (garage) and
shifted the secondary mass two feet south.
Upon review of the new plans the Zoning
Officer found an issue that was not previously
discovered in the first iteration– the living space under the garage, attached to the principal
building, does not meet the rear yard setback.
In the R-6 zone district the
minimum rear yard setback
for a principal building is ten
feet, and five feet for an
accessory building, such as a
garage.
PROJECT SUMMARY: The
owner of the property has
received approval to
redevelop the site with a
single family residence, and
has already demolished the
former structure. To rebuild
as planned the applicant will
need approval for a
dimensional variance. The
design reflected in the
change order, as well as in
Page 2 of 3
the original approval, locates the living space beneath the garage at the five foot rear yard
setback, rather than at the ten foot rear yard setback. This living space is fully subgrade.
The Board of Adjustment may choose to approve, approve with conditions, or deny this request
for dimensional variance.
STAFF COMMENTS: Staff has reviewed the applicant’s request against the applicable review
criteria for Variance and finds the following.
The granting of the variance will be generally consistent with the purposes, goals, objectives and
policies of the Municipal Code. The living space beneath the garage will not be visible above-
grade. As a secondary structure, the garage will be the only part of the building that appears to
enjoy the five foot rear yard setback, in accordance with the zone district’s regulations.
This site is somewhat unique in that the applicant originally received a building permit for a
design that included the nonconforming rear yard setback. The nonconformity was only
identified when the applicant returned with a minor unrelated change in the structure’s design.
This aberration on the part of Staff’s review may cause the applicant unforeseen hardship in the
form of increased financial expense and design time.
Staff notes that denial of the variance will not diminish the reasonable use of the property.
However, the five foot additional setback for the subgrade living space is the minimum variance
that will allow the applicant to proceed with the design plans as originally approved.
All variances are site-specific, and Staff does not anticipate the granting of this variance will set
a precedent for approving this condition elsewhere without proper review.
STAFF RECOMMENDATION: Staff is unable to find the request to meet all of the applicable review
criteria related to a variance, and so must recommend denial of the application. However, Staff
recognizes the marginal impact the variance will have on the site and the confusion surrounding
the original approval. If the Board of Adjustment finds the request to reasonably meet the
criteria and intent of the Code they may approve the applicant’s request.
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE):
If the Board of Adjustment chooses to approve the applicant’s request, the following motion may
be used: “I move to approve the request for dimensional variance approval as noted in
Resolution ___, Series of 2015.” If the request is not approved, the resolution will need to be
modified.
Attachments: Exhibit A – Site Plan Exhibit B – Review Standards Exhibit C – Application
Page 3 of 3
RESOLUTION NO. __
(SERIES OF 2015)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING
A DIMENSIONAL VARIANCE FOR THE PROPERTY LOCATED AT LOT A & B,
BLOCK 72 OF THE CITY AND TOWNSITE OF ASPEN, COMMONLY KNOWN AS
203 E. HALLAM RD, CITY OF ASPEN, PITKIN COUNTY, COLORADO
Parcel ID: 273707316002
WHEREAS, the Community Development Department received an application from
Karla Kelly (Applicant), represented by Z Group Architects, requesting the Board of
Adjustment approve a Variance request at 203 E. Hallam Rd; and,
WHEREAS, pursuant to Chapter 26.314.040 of the Land Use Code, Variance approval
may be granted by the Board of Adjustment at a duly noticed public hearing; and,
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Director has recommended approval of the application; and,
WHEREAS, the Board of Adjustment has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code, has reviewed and considered the
recommendation of the Community Development Director, and has taken and considered public
comment; and,
WHEREAS, the Board of Adjustment finds that the development proposal meets or
exceeds all applicable development standards; and,
WHEREAS, the Board of Adjustment finds that this resolution furthers and is necessary
for the promotion of public health, safety and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Board of Adjustment hereby approves the request for Variance to allow the living space of the
primary structure to extend to the five foot rear yard setback at the subgrade level beneath the
secondary structure (garage), as illustrated in Exhibit A, attached.
Section 2:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
Section 3:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
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Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
APPROVED by the Board of Adjustment of the City of Aspen on this 6th day of October, 2015.
______________________________
Jag Pagnucco, Chairman
APPROVED AS TO FORM:
_______________________________
Debbie Quinn, Assistant City Attorney
ATTEST:
_______________________________
Cindy Klob, Records Manager
Exhibit A: Design Plan
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Exhibit A
Rear Yard Setback Plan
Exhibit B
Review Criteria
26.314.040. Standards applicable to variances.
A. In order to authorize a variance from the dimensional requirements of Title 26, the
appropriate decision-making body shall make a finding that the following three (3)
circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals, objectives and
policies of this Title and the Municipal Code; and
Staff Response: This variance request involves a rear yard setback variance that will
allow the living space beneath the garage, which is considered part of the primary
structure, to extend 5’ further than allowed by the regulations of the R-6 zone district, so
that it will be even with the garage wall above. The living space is subgrade and will not
be visible above-grade, and the secondary structure (garage) will be the only building that
appears to enjoy this lesser rear yard setback. Staff finds this criterion to be met.
2. The grant of variance is the minimum variance that will make possible the reasonable use
of the parcel, building or structure; and
Staff Response: Reasonable use of the parcel and structure is possible without the
granting of this variance. Staff finds this criterion to not be met.
3. 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, as distinguished from mere
inconvenience. In determining whether an applicant's rights 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
Staff Response: There is a special circumstance related to this site in that the
applicant originally received a building permit for a design that included this non-
conforming rear setback condition on 6/25/2015. The applicant later returned with a
change order for a minor design adjustment on 7/27/2015, at which time the non-
conformity was identified. Due to this aberration on the part of the original plan review
and the reliance of the applicant on the original plan, Staff finds this criterion to be met.
b) Granting the variance will not confer upon the applicant any special privilege denied
by the terms of this Title and the Municipal Code to other parcels, buildings or
structures, in the same zone district.
Staff Response: Essentially the granting of this variance will confer upon this
property a condition that is typically not found elsewhere in the R-6 zone district without
special circumstance or review. Staff finds this condition to not be met.
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B. In order to authorize a variance from the permitted uses of Title 26, the appropriate
decision-making body shall make a finding that all of the following circumstances exist:
1. Notice by publication, mailing and posting of the proposed variance has been provided to
surrounding property owners in accordance with Subparagraphs 26.304.060.E.3.a.—c.
Staff Response: The applicant has completed public notice through mailing and
posting the information on the subject site in accordance with the subsection referenced
above Staff has completed the required noticing to the Aspen Times newspaper. Staff
finds this criterion to be met.
2. A variance is the only reasonable method by which to afford the applicant relief, and to
deny a variance would cause the applicant unnecessary hardship such that the property
would be rendered practically undevelopable, as distinguished from mere inconvenience.
Staff Response: The denial of this variance would cause the applicant unanticipated
financial hardship, as they were originally approval for this design, due to Staff’s
oversight. A variance is the only reasonable method to avoid reworking the construction
plan to step in the below-grade portion of the living space beneath the garage. However,
denial of the variance would not render the property undevelopable. Staff finds this
criterion to not be met.
4. 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.
Staff Response: A construction management plan for this project has been approved
and is on file with the City’s Engineering Dept. It has been created to minimize
disruption to the neighborhood. Staff finds this criterion to be met.
5. If ownership of the off-site parcel subject to the proposed variance is not vested in the
applicant, then verified written authorization of the parcel's owner must be provided.
Staff Response: There is no off-site parcel associated with this application. Staff finds
this criterion to be not-applicable.
6. 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 appropriate decision-making body to ensure such
restoration.
Staff Response: The applicants are requesting a variance for this site that will not
expire. If this residence is completely demolished any new construction will be expected
to be brought into compliance with the Code at that time. Staff finds this criterion to be
met.
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