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HomeMy WebLinkAboutagenda.boa.19930715CITY OF ASPEN BOARD OF ADJUSTMENT JULY 15, 1993 4:00 P.M. SECOND FLOOR MEETING ROOM CITY HALL A G E N D A I. CALL TO ORDER ROLL CALL II. CASE #93-7 WAYNE STRYKER III. CASE #93-8 HOWARD BASS AND MICHELE BODNER IV. CASE #93-9 WILLIAM MANCLARK V. CASE #93-6 ASPEN EAST CONDO ASSOCIATION MOTION RECOLLECTION ( SEE LETTER) VI. MINUTES DECEMBER 10, 1992 MARCH 18, 1993 VII. ADJOURN ASPEN • PITKIN PLANNING & ZONING DEPARTMENT June 21' 1993 Members of the Board of Adjustments, This letter is to confirm that the Aspen Historic Preservation Committee gave final approval on April 14, 1993 to the development, proposal for 232 E. Hallam Street, Lots M and N, Block 71, Townsite of Aspen, Colorado. Architects for the, project. are. Stryker/Brown. Sincerely, Amy idon His oric Preservation Officer - cc:.. Wayne Stryker, AIA David Brown, AIA 130 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE 303.920.5090 FAx 303.920.5197 Printed on regded paper NOTICE OF PUBLIC HEARING CASE #93-7 STRYKER/BROWN 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 Council 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 Meetings Date: JULY 15, 1993 Time: 4:00 p.m. Owner for.Variance: Name: DICK & LINDA ROBERTS Address: 4040 BROADWAY, STE 450 SAN ANTONIO, TX.78209 Location or description of property: 232 EAST HALLAM--BLOCK 71, LOT M AND N Appellant for Variance: MARTHA PICKETT, P.C. Variance Requested: PROPERTY IS LOCATED IN THE R-6 ZONING CATEGORY. LOT SIZE IS 19,592 SQUARE FEET. MAXIMUM SITE COVERAGE ALLOWABLE IS 20% ON LOT 1,800 SQUARE FEET OR LARGER IS 20%. CHAPTER 24 SEC. 5-20(6) ASPEN MUNICIPAL CODE. APPLICANT APPEARS TO BE REQUESTING A 1.48% VARIANCE IN SITE COVERAGE OR 289.3 SQUARE FEET OF SITE COVERAGE. 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 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, being first duly sworn, deposes and says as follows: I,/F�l `' , 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 from the day ofVr 19, l to the 1 day of , 19 (Must .be posted for at least ten (10) full days before the hearing date). ,.1 4 App cant's Signature Subscribed and sworn to before me this day of 19q,,by (Attach photograph here) WITNESS MY HAND AND OFFICIAL SEAL. My C ission expires: v,,ut'u� 6,aa-,, No ublic's Signature /. �� Addre,..,- s NOTICE OF PUBLIC HEARING CASE #93-8 HOWARD BASS & MICHELE BODNER 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 Council 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: JULY 150, 1993 Time: 4:00 p.m. Owner for Variance: Name: THOMAS J. BETRI Address: 26 LASHLEY ESTATES BELLEVILLE, ILLINOIS 62221 Location or description of property: 450 SO. ORIGINAL, UNITS Variance Requested: Appellant for Variance: MICHELE BODNER 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 t"M � P. E• Consulting Engineer Kerry Karnan 46 North 4th Street Carbondale, Colorado 81623 (303) 963-1049 Mr. Howard Bass P.O. Box 5078 Aspen, Co 81612 June 21, 1993 Dear Mr. Bass At your request an inspection of the existing condominium unit; Mittendorf 5/10 Aspen, Co, Pitkin County, Colorado was conducted on June 18, 1993, to determine the significance of structural changes made in removing a floor system. It was found that a major portion of the second floor system had been removed at some time. Evidence of stress appeared in gypsum board cracks & repair of cracking and water damage. Also, deflection of the ceiling and roof system was visibly evident. The original design would consider the unsupported length of the columns in the south wall. By removing the original floor system, the unsupported length of the column was doubled. This decreases the allowable Iliad by 4 times, and therefore increases the chances of buckling. The original design also would have to include this floor system as a diaphragm, resisting shear/ racking of the general building including the other condominium units. The system is less capable of supporting design loads without the floor system. While the structure is safe deflections pose a problem regarding esthetics which are considered in the design. This deflection makes itself evident in the water damage and cracking which contribute to maintenance costs. It is recommended that the floor_ :system be replaced supporting the approximate mid point of the wall columns, and contributing to the floor diaphragm for the whole building. Sincerely, Kerry M. Karnan Design Engineer STRUCTURAL 963.1049 • CIVIL • 641.3342 • CONSULTMG ENGINEER The Applicant seeks a variance to reconstruct a secon' 109 floor area that was removed during a prior renovation. The area i approximately 156" x 234" (362 © The existing hardship caused by that renovation are a structural condition endangerinw the integrity of the building and a non-functional living space.110, Applicant seeks relief from F.A.R. requirements that were not applicable at the time of construction in 1963. The granting of the variance is consistant with both thl spirit and the letter of the law, as provided for in Sec. 10-1041 -2- The variance is consistant in all aspects with Sec. 10-104. A "consistant with the purposes, goals, objectives an policies of the AAC Plan and this chapter". I Themes of Community Plan Vision: 1. Revitalize the Permanent Community A. Increase resident housing: We are turning a rental -tourist unit into a full time resident housing unit. B. Incentives for locals serving commercial uses: We are locals who work in the community selling and managing property who will live and work from this space. C. Encourage a more balanced permanent community: We are working locals, now renting, are integrating a building that has one full-time resident -owner and eight part-time second home residents. 2. Provide Transportation Alternatives A. By living and working from here, we can eliminate the necessity for a second car and use the first a lot less. Although this probably will have no effect Providing Environmental Sustainable Development, we will Maintain Design Qualities/Historic Compatibility in the area. 3. Community Development Features A. We are helping to attain the 60% workforce goal without subsidy. The unit, as presently configured, is simply not suited for a permanent residence. In addition, we will be replacing a large stone wood -burning fireplace with a polution free gas devise, adding to cleaner air. B. This variance is the minimum variance that will make possible the "reasonable" use of the parcel, building or structure. Only by restoring the space to its original design, can the structural integrity of the building be assured. Neither the engineer nor the architect want the responsibility of doing a _partial reconstruction. C. We think the liberal interpretation and enforcement of the terms and provisions of this chapter are being met by givin" the variance. However, by denying the applicant, it would 0 cause the unnessary hardship of not allowing the applicant t use the space and it would not only be practically difficult but practically impossible. Both of the conditions of 10-104 C apply: 1. There are special conditons, unique to this structure, that are not applicable to other structures in the zone and do not result from actions of the applicant. The conditions are as follows: Sometime between 1963 and 1980 someone purchased the two units, combined them with a staircase and removed a the 362 S.F. section of the second floor. Besides creating a functionally impractical living -unit, they created a physical problem which has affected the structural integrity of the building. A report of that is attached to this application. 2. The granting of this variance will not confer any special privilege denied by the AACP and the terms of this chapter to other parcels, buildings or structures in the same zone district, or for that matter, any other district. AFFIDAVIT OF.NOTICE BY POSTING OF A Countyjof 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: I r �,'V ///,f���� , 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 from the day o f j'�'19. �� to the day of 19 . - (Must be posted for at least ten (10) full _Aays before the hearing date). (Attach photograph here) ca.nt' s S i%nature Subscribed and sworn to before me this day of , 19 by WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: Notary Public's Signature Address NOTICE OF PUBLIC HEARING CASE #93-9 WILLIAM MANCLARK 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: JULY 15, 1993 Time: 4:00 p.m. Owner for Variance: Appellant for Variance: Name: WILLIAM MANCLARK WILLIAM MANCLARK Address: 126 WEST FRANCIS Location or description of property: 126 WEST FRANCIS, LOT M & E 1/2 OF L, BLOCK 55, WEST END Variance Requested: PROPERTY IS LOCATED IN THE R-6 ZONING CATEGORY. SIDE YARD SETBACK REQUIRED IS 5 FEET. SECTION 5- 201(D)(5) ASPEN LAND USE CODE. APPLICANT APPEARS TO BE REQUESTING A 3 FOOT SIDE YARD SETBACK VARIANCE TO ENLARGE A ROOF WHICH WOULD INCREASE THE EXISTING NON -CONFORMITY. 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 NO. 001 RE** PETITION OF KINGSBURY PITCHER } ORDER REQUESTING SETBACK VARIANCE. } - --�- The Board of Adjustment for the City of Aspen convened August 23, 1956, at the City Half., to consider the Petition of Kingsbury Pitcher requesting approval of the Board to extend. within three (3) feet of the adjoining lot line on the west side of the property described herein. The Board FINDS: I. That due notice was given as required by Ordinance No. b (Series of 195 ) , 2. That Kingsbury Pitcher is the owner of: East one half of Lot L and all of Lot 14, Block 55, City and Townsite of Aspen, Coury of Pitkin, State of Colorado, said property lies in the Tourist Zone, 3. That Mr. Pitcher started constriction prior to the effective date of Ordinance No. 6 (Series of 1956), and that the structure is less than five (5) feet from the west sideline of ':is 4. That exceptional conditions exist and unnecessary hard - would result due to the construction heretofore. NOW, THEREFORE, the Board of Adjustment does hereby grant the request of Kingsbury Pitcher to construct the building less than five (5) feet from the west sideline of the above described property and said variance shall be valid until said structure is "2- removed. The Board -of Adjustment does hereby instruct the Building Inspector to issue a permit as requested by Petitioner. Dated this 28th day of August, A. D. 195 . Chairman $5.00 fee paid. AFFIDAVIT OF MAILING I HEREBY CERTIFY that I have sent notice to the above named property owners of a Public Hearing to be held Thursday, at 4:00 p.m. before the City of Aspen Board of Adjustment to consider an application by 0 DONE this day _ of 3;4 STATE OF COLORADO County of Pitkin ) s f pp icant s Z�i nature 19 9 b SIGNED BEFORE me this day of y Inc. r My Commission Expires J':UQ C; r,AI FLJ I • Ammiss`ion expires 9/27/96 ry Wi Stacy tam ley III Lonely Bull Ranch BOX 2773 Aspen, Colorado 81612 July 13, 1993 Mr. Remo Lavagnino,Chairman Board of Adjustment City of Aspen Aspen, Colorado RE: William Manclark Variance Request Dear Chairman Lavagnino and Board Members, I apologize for Mrs. Elizabeth Paepcke and me not appearing before you personally at the public hearing on the above cited matter. Mrs. Paepcke is physically indisposed, and I am out of the country. Mrs. Paepcke has lived at 414 N. Ist street since 1953, and as owned the lot at the corner of 1st and W. Francis since that time. I lived in Mrs. Paepcke's house for th4 -1985, and have frequently been at the ten years from 1975 house since that time. Therefore, like Mrs. Paepcke, I am very familiar with the Manclark property and the variance request before you today. While Mrs. Paepcke does not wish to be unreasonable in opposing the variance request, she feels that the intrusion of the roof line into the setback puts her adjacent property at risk from the impact of snow runoff damaging her landscaping. Additionally, Mrs. Paepcke and I both feel that variances to side -yard set backs set an untenable precedence, that the City should not be establishing. In support of Mrs. Paepcke's request for denial of the variance, I feel that the City, in setting up the HPC during my administration and in attempting to rigorously preserve the character of the West End, has always found itself under siege from landowners who felt that could violate the code and then plead hardship before the Board of Adjustment. While, the Manclarks did not create the intrusion, they unfortunately have to deal with the problem. However, I feel strongly that it is in the City's and Mrs. Paepcke's best interest that the request for the variance be denied. Respectfully, -1 Stacy Standley I 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 6-2 05 (E) (b) of the Muni- cipal Code) The undersigned, being first duly sworn, deposes and says as follows: -j 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 f from the (mod' day of to the �I —� day of 00 19 Must be posted for at lea ten (10) full days before the ( P tearing da tC j • Applicant's Signature Subscrib, and sw rn o before me this day of 19 , by 2� WITNESS MY 'HAND AND OFFICIAL SEAL. My Commission expires 9/27/96 My Commission expires: _ ()4 Notary vwic' S Si.gri t rg� NOTICE OF PUBLIC HEARING CASE #93-3 WILLIAM MANCLARK 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 obj ec tlo:; 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: JULY 15, 1993 Time: 4:00 p.m. Owner for Variance: Appellant for Variance: Name: WILLIAM MANCLARK WILLIAM MANCLARK Address: 126 WEST FRANCIS Location or description of property: 126 WEST FRANCIS, LOT M & E 1/2 OF L, BLOCK 55, WEST END Variance Requested: PROPERTY IS LOCATED IN THE R-6 ZONING n--�n.•^ r+Trw+-� �r� •• •••� �-+ �� T1��TTTea*�*� T� L���T C+T. n.A.— 1 �- 1.�1�1�L` VVKX. ASIDE ARC SETa7t C'K ��EQUJ RED I 5, FEET. ` Eflrl T..?v .i 201(D)(5) ASPEN LAND USE CODE. APPLICANT APPEARS TO BE REQUESTING A 3 FOOT SIDE YARD SETBACK VARIANCE TO ENLARGE A ROOF WHICH WOULD INCREASE THE EXISTING NON -CONFORMITY. 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 v Y ►7- MEMORANDUM TO: Board of Adjustments FROM: Amy Amidon, Historic Preservation Officer RE: 126 W. Francis, Manclark Residence DATE: July 15, 1993 I would like to declare my support for William Manclark's request for a variance to keep an existing sloped roof. The alternative, a flat roof, is not typical of Victorian architecture nor is it in keeping with the "Historic District and Historic Landmark Guidelines" applied by the Aspen Historic Preservation Committee N O T IC, OF APPLICATION FOR A VARIANCE FROM THE "/_U\I \G CODE 232 E HAG/ 7/, /Of NAME & ADDRESS OF APPLICANT : 2 s� 5 " �,r,� �o��Qr�✓ �TF. �S� �9���ylQleT�2r� G� <A/G TYPE OF VARIANCE REQUESTED: — malAUZZ JF S/TF COI�E� ro rL�L�% AXS�r 7- AU olIA�&E / /1E DATE OF APPLIC MOi : JUNK/,1 DATE OF HEARI NG: qW-22tLla 13 QUESTIONS OR COMMENTS SHOULD ICE REFERRED TO THE CATY CLERK. CITY HALL, DURING N O.'I NIAI. PUSIAN SS M)U RS. 0TIcF .� �il�> • is 0R A 1., 1 Lf (• ATInv � TEIF _�c)�I �!U c:c)nE F T`'PF" OF VARIANCE It E. 0 U F. S T I:1) •1.7►P <<cAhrr , r pi. .,�a�,•ARE F"r ri OATS OF APPLICATION A6 TF: OF HEARING: 14t "OEST IONS OR C %VIM I E NTS SHc OLD HE REFERRED TO NE ("PITY (1,111K. NTY HALL. 0001INC Me `MAI. ')RI 11.) 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