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HomeMy WebLinkAboutminutes.boa.19990114CITY OF ASPEN BOARD OF ADJUSTMENT JANUARY 14, 1999 Charles Paterson, chairperson, opened the City of Aspen Board of adjustment meeting at 4:05 p.m. with members Rick Head, David Schott and Howard DeLuca present. Jim Iglehart was excused. City staff in attendance were: Sara Thomas, Community Development Zoning Officer, Jackie Lothian, Deputy City Clerk. PUBLIC HEARING: CASE #98-03 KRUMM, BUSH ,105 & 101 EAST HALLAM John Kelly, representative for applicant and new owners, James and Patricia Gorman, requested the public hearing be continued to a date certain. MOTION: Rick Head moved to continue the public hearing for Case #98-03, 105 & 101 East Hallam, to February 11, 1999 at 4 p.m. APPROVED 4-0. PUBLIC HEARING: CASE #99-01 JOHN T. & JANE A. KELLY, 112 ASPEN GROVE ROAD Charles Paterson opened the public hearing for Case #99-01. John Kelley and Jane Kelley, applicants, provided the proof of notice and photos of the posted sign. Jackie Lothian, Deputy City Clerk, stated the proof was in order for the board to proceed. John Kelley stated the lots were separate from the Eastwood subdivision and the road was re-platted in the early 1990’s. He explained the history of the lots in proximity to the surrounding area. He said they were asking for a variance to construct a house, the maximum square footage of 3184 under the R15B zone district, in the approximate location of the old structure. Kelly said the westerly side of the lot is in a wild state, which they wish to leave as it is because it creates a nice buffer from the neighbors. He said they wanted to leave the driveway as it exists; if they moved the driveway down, a new curb-cut would have to be made and it would sort of encroach on the neighbor’s privacy. The property was in the county when the Kelly’s purchased it in the 1970’s and those statutes were similar but determine the front yard differently from what the city determined the front yard. Jane Kelly stated the current footprint would retain the neighborhood’s private character even with the 15’ setback request. She encouraged the board to approve 1 CITY OF ASPEN BOARD OF ADJUSTMENT JANUARY 14, 1999 the variance request as a logical place for the home to be built with the least amount of impacts. A letter from Jill Fink was read into the record with no objection to the variance request for the Eastwood subdivision. Larry Fredrick, public, stated support for the variance and noted a rare happening with a neighborhood in agreement for the variance. He said preserving the “wild” area was an important fact. He said the county plat did not take into account the existing houses. Hubert Burgess, public, expressed support for the variance request. He said this was an example of laws and rules that conflict with the topography of a lot (the land). Roger Davis, public, said there was no problem with this variance request. Kelly clarified that Lot 1 of the subdivision, owned by Jill Fink, could not be developed and could not be built upon. David Hoefer, Assistant City Attorney, provided the Board a list of criteria in written form: In order to authorize a variance from the dimensional requirements of Title 26, the board of adjustment 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 the Aspen Area Comprehensive Plan and this title; 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and 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 or practical difficulty. In determining whether an applicant's right would be deprived, the board shall consider whether either of the following conditions apply Rick Head stated this variance request was a perfect example of why we have this board. Howard DeLuca said the variance should be restricted to the part of the house shown on the plans and not for the entire house. David Schott concurred with the other board members. Charles Paterson stated the applicant presented a good case and the reason we grant variances was because of this type of request. 2 CITY OF ASPEN BOARD OF ADJUSTMENT JANUARY 14, 1999 MOTION: Rick Head moved to approve C ase #99-01 finding the criteria have been met to grant the request for a fifteen (15) foot front yard setback variance to allow for construction of a single family residence at 112 Aspen Grove Road as further described on the plans submitted and attached. Howard DeLuca second. Roll Call vote Schott, yes; DeLuca, yes; Head, yes; Paterson, yes. APPROVED 4-0. MINUTES MOTION: Rick Head moved to approve the minutes from 11/12/98 Case #98-05, Fabry. Howard DeLuca second. APPROVED 4-0. The meeting adjourned at 4:50 p.m. Jackie Lothian, Deputy City Clerk 3 CITY OF ASPEN BOARD OF ADJUSTMENT JANUARY 14, 1999 CASE #98-03 KRUMM, BUSH ,105 & 101 EAST HALLAM ................................ ................................ .......... 1 CASE #99-01 JOHN T. & JANE A. KELLY, 112 ASPEN GROVE ROAD ................................ ...................... 1 MINUTES ................................ ................................ ................................ ................................ ............................. 3 4