HomeMy WebLinkAbout128 E. Main_Sardy House_determinationSardy House Fire Feature
Issued February 5, 2019
Page 1 of 3
CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
AN ADMINISTRATIVE DETERMINATION FOR A PROPERTY COMMONLY
KNOWN AS: 128 EAST MAIN STREET, THE SARDY HOUSE, LEGALLY
DESCRIBED AS: LOTS F, G, H, AND I LESS THE NORTHERLY 75 FEET THEREOF,
AND ALL OF LOTS P, Q, R, AND S AND THAT PART OF THE VACATED ALLEY
BOUNDED BY THE EXTENSION OF THE EASTERLY LOT LINES OF LOTS I AND S
AND THE WESTERLY LOT LINES OF F AND P, ALL IN BLOCK 66, CITY AND
TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
PARCEL ID: 273512438005
JURISDICTION: City of Aspen
APPLICABLE CODE SECTIONS: 26.575.020.E.5; Allowed projections into Setbacks
EFFECTIVE DATE: February 5, 2019
WRITTEN BY: Ben Anderson, Planner II
APPROVED BY: Jessica Garrow, Community Development Director
Date: February 5, 2019 _________________________________
COPIES TO: City Planning Staff, City Attorney
SUMMARY:
This administrative determination clarifies the application of code language to the subject property
that limits the placement of permanently affixed features (hot tubs, fireplaces, seating areas, etc.)
in street facing yards. In the code, these features are “prohibited between any lot line adjacent to
a street and any structure”.
The Sardy House currently has a fire feature located in a side yard that faces Main Street. A
structure that runs most of the width of the rear property line creates a condition, in a technical
application of the code, that would make this feature non-conforming. As part of a larger remodel,
the fire feature is proposed to be moved about 16 feet to the west of its current location.
Initially staff, during the building permit review process, gave direction to the applicant that the
proposed location would not be allowed – as the existing fire feature was non-conforming and
could not be moved from its existing placement if it was intended to remain. In response, the
applicant requested a formal determination of this section of the Land Use Code as it applies to
this specific site.
Sardy House Fire Feature
Issued February 5, 2019
Page 2 of 3
DISCUSSION:
After evaluating the site conditions more clearly, staff determines that the new placement for the
fire feature is allowed for the following reasons:
• The fire feature is moving no closer to Main Street
• The fire feature is double the required setback for these features in a street facing yard.
• The structure (at the rear of the property) that creates the relationship with this feature and
the street is across a vacated alley that makes this lot atypically long for the neighborhood.
• Because of the presence of the accessory structure at the rear of the property, and as this
is a corner lot, there is not a reasonable location on the property that this type of feature
could be placed and conform with the strict letter of the code.
• The proposed location brings the fire feature further into the side yard where it is beyond
(to the west) of the Sardy House and Carriage House structures that are closest to Main
Street.
• City Parks Department has written a letter of support for the movement of the feature as
it brings the device and the required gas piping out of the drip line of existing trees.
• The feature is screened from Main Street by a non-conforming fence that is being
maintained.
DETERMINATION:
Staff determines that the proposed location for the fire feature (as depicted in Exhibit A) is allowed.
This determination is a response to site specific conditions and does not have general application.
APPEAL OF DECISION:
Any person with a right to appeal an adverse decision or determination shall initiate an appeal by
filing a notice of appeal on a form prescribed by the Community Development Director. The
notice of appeal shall be filed with the Community Development Director and with the City office
or department rendering the decision or determination within fourteen (14) days of the date of the
decision or determination being appealed. Failure to file such notice of appeal within the
prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or
determination.
This administrative determination was issued and becomes effective on February 5, 2019.
EXHIBITS:
A. Site Plan, Existing and Proposed Fire Feature
Sardy House Fire Feature
Issued February 5, 2019
Page 3 of 3
EXHIBIT A