HomeMy WebLinkAboutminutes.boa.20010308CITY OF ASPEN BOARD OF ADJUSTMENT March 8, 200!
Charles Paterson opened the Board of Adjustment meeting of March 8, 2001 with
David Schott, Jim Iglehart, Howard DeLuca, Mark Hesselschwerdt and Rick Head
present~ Bill Murphy was excused. Staff in attendance: James Lindt and Sarah
Oates, Community Development; Kathryn Koch, City Clerk.
DECLARATION OF CONFILCTS OF INTEREST
None stated.
CONTINUED PUBLIC HEARING:
Case 01-01 -Jamie Knowlton - 1540 Silverking Drive -Variance
Charles Paterson, Chairman, opened the public hearing for Case #01-01. Paterson
explained that the property was located at 1540 Silverking Drive. The variances
requested were a five foot (5') east side yard setback variance and a six foot (6')
variance from the thirty inch (30") excavation requirement in the setback per sec~on
26.575.040(A) (5) for the construction ora retaining wall. James Lindt stated that the
variance request was for an already built retaining wall. Lindt said that there were 2
standards, which needed to be met; one of which was that the retaining wallcould not
be 30 inches below grade within the setback and the other was that a retaining wall
could not be located in the setback.
Lindt stated that variance review standards were not met because staffbelieved that
the applicant created their own hardship in that they could have built the retaining
wall where the existing patio was located rather than going into the setback. The
applicant built the maximum FAR on the property.
Jamie Knowlton stated that he felt that they complied with the Variance b6ng a
hardship. He said that it was a typical site to build a duplex on and their contractor
said that for safety the wall should be built. Knowiton stated that it was a very small
part of the whole lot. Knowlton said that there was a neighbor, Bert Fin~rhut, who
provided a letter in favor of the variance (in the packet). Knowlton said that the wall
was not visible from any place. Paterson asked if Mr. Knowlton could elaborate on a
situation of practical difficulty when he was building the wall; sometling that was
present at this site that was not present at other sites in the neighborhood. Knowlton
replied that there were site constraints that he regarded as a hardship.
No public Comments.
Discussions included the side yard setback having better fre access now and that the
neighbors do not mind the variance request. The question was asked if theapplicant
created the hardship. The board agreed that this was a minimum variance request.
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CITY OF ASPEN BOARD OF ADJUSTMENT March 8, 2001
MOTION: Rick Head moved to approve the variance request for Case
#01-01 for the property located at 1540 Silverking Drive; the variance
requested a five foot (5') side yard setback variance for the east side yard
and a six foot (6') variance from the thirty inch (30") excavation
requirement in the setback per section 26.575.040(A) (5) for the
construction of a retaining wall, Resolution #01-03. Jim Iglehart second.
Roll call vote: Scott, yes; Deluca, yes; Hesselschwerdt, yes; Head, yes;
Paterson, yes. APPROVED 5-0.
Adjourned at 4:35 p.m.
T nS rlb 3 by J{~ckie Lothian, Deputy City Clerk
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