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Home My WebLink AboutLand Use Case.725 W Bleeker St.0026.2004.ASLUCity o f Aspen Community Development Dept. CASE NUMBER 0026.2004.ASLU PARCELID# 2735-124-45-008 CASE NAME 725 W Bleeker Design Review Appeal PROJECT ADDRESS 725 W Bleeker PLANNER James Lindt CASE DESCRIPTION Design Review Appeal REPRESENTATIVE Graeme Means DATE OF FINAL ACTION 06/15/2004 CITY COUNCIL ACTION PZ ACTION Denied ADMIN ACTION BOA ACTION DATE CLOSED 09/20/04 BY D DRISCOLL //~adw~///////////////I/-~/I/"/I/////////////////////i/1&~16/1 : File Edit Record Navigate Form Reports Tab HÂ® : UFF /51 * BJE@ A@ ,[El EN *4 4 k MlgCUC ) 7 A outing titstoly 1 Conditions } Sub Permits i yaluation } Public Comment ! * Main ~ Routing Status j Atch/Eng | PaicÂ» < Custom Fields ~ Feek } Fee SurrimacM 1 8Â©tions ~ Permit Type ~ Permit # |0026.2004.ASLU Addess ~725 W BLEEKER ST ..1~ Â·Apt/Suae ~ 8 Citg |ASPEN State 00 22.j Zip ~81611 Permit Information - - ""~~ ~~ ~ ~~~""""""""~~~~~~~~- -mm.m.~ .~22 .- ~~2~mA-.--.-+â€ž~.~m hn Maste, Pe,mit | g| Routing Queue ~aslu Applied 104/20/2004 -~ LE] g proiect ] 2 Status ~pending Approved | Description ~DESIGN REVIEW APPEAL Issued ~ .,3 Â©i Final [ 0 Â® Submitted ~GRAEME MEANS 925Â·9150 clock ~unning Days [--T Expires ~04/15/2005 _j @ r visible on the web? Permit ID: j 30581' Ir Owner"-%- -" -- mawm-u.â€ž-m------ Last Name IEATON ,21 Fifst Name IPAULAAND BARNEY 725 W BLEEKER ST ]ASPEN CO 81611 Phone I{970)925Â·7075 57 Owner Is Applicant? Applicant Last Name ~EATON .4 F.:IName~PAULAAND BARNEY 1725 W BLEEKER ST --V IASPEN CO 81611 Phone i (970) 925Â·7075 4 1 1 21 Enter the permit description - Record 1 of 8 #*84 PR 04 iT.C. MEMORANDUM TO: The Aspen Planning & Zoning Commission VAA THRU: Joyce Allgaier. Deputy Director of Community Development FROM: Scott Woodford, City Planne*/ RE: 725 WEST BLEEKER STREET, VARIANCE TO RESIDENTIAL DESIGN ~TANDARDS, RESOLUTION NO. ~Aq SERIES 2004 DATE: June 15,2004 -u-~Un.-L -'-L i-R~ Photo ofthe existing ,.17:. : <11~ 1%11~ house from Bleeker 1 *.A...,1/WN////1""Vt<1' Street. The p::4:,~L~/1/ilml---Imak W applicants propose 1 Â· Â·.L â€¢ 0!~e,fâ‚¬'~7'll'lli-ily'lill- to remodel and add -Â·Â· 7â€¢'â€¢Â·4~ r eybiiiiiiii onto the existing .qiÂ·.\ 0. ~4,~ .;,~~~wi~ house. including a 1 iÂ·* 4;: .1.0 4.-Â·.i<f ..%4 0,;~~ one bay garage to be accessed from Bleeker Street instead of the alley - Â¥if.9~ therefore, a variance I 3Â£ < is necessary 17..............I . PROJECT: 725 WEST BLEEKER STREET REQUEST SuivIMARY: Variance to the Residential Design Standards requiring that garages be accessed from an alley where one exists ADDRESS: Lots C & D, Block 18, Original Aspen Townsite ZONING: R-6 (Medium Density Residential) APPLICANT: Barney and Paula Eaton, represented by Graeme Means, Graeme Means Architecture STAFF DENIAL OF THE VARIANCE TO THE RESIDENTIAL DESIGN RECOMMENDATION: STANDARDS 725 WEST BLELLER STREET STAFF REPORT PAGE I PROJECT SUMMARY: The applicants propose to add on to their existing 1,548 square foot house. increasing it to 3,240 square feet, which is the maximum floor area ratio (FAR) allowed in the R-6 zone district for the applicant's lot size (6.002 sq. ft.). The new residence will comply with all other zoning requirements. Part of the expansion is construction of a one-bay (two car deep) garage, which the applicant proposes to orient and access via Bleeker Street and not from the adjacent alley. While the property does not currently have a garage, the house has traditionally been accessed from a driveway and curb cut off of Bleeker Street. The applicant requests a variance to be able to access the garage from Bleeker Street, even though the Residential Design Standards require that garages be accessed from an alley where one exists. REVIEW PROCESS: The applicant requests the following land use approval for the proposal described above: 1.) Residential Design Standards Variance; According to Section 26.410.020. variances to the Residential Design Standards may be granted by the Planning and Zoning Commission, Board of Adjustment or the Historic Preservation Commission; In this case, the staff believes that the Planning and Zoning Commission is best suited to review the variance requests of this nature. Final Review Authority: Planning and Zoning Commission. BACKGROUND/EXISTING CONDITIONS: According to the City of Aspen GIS, the existing house was constructed in 1977. PREVIOUS ACTIONS ON THIS LOT: To staff' s knowledge, there have been no previous land use actions on this lot. 8TAFF COMMENTS: RESIDENTIAL DESIGN STANDARDS; The Residential Design Standard from which the applicant is requesting a variance is described below (Section 26.415.010.C. 1): C. PARKING, GARAGES AND CARPORTS. The intent of the following parking, garages, and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on alleys. or to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. 725 WES r Bl.EEKER STREET STAFF REPORT PAGE 2 1. For all residential Alley: / r uses, parking, garages, and carports shall be accessed , Yes. FT' from an alley or private road gi if one exists. ikiT~_fj~37 i Street. REVIEW CRITERIA: According to Section 26.410.020 of the Land Use Code, an applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: 1. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine i f the exception is warranted; or, 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. 9rAFF POSITION: Staff finds that the proposed variance does not comply with criteria (1) or (2) and therefore, is recommending denial of the request (See Staff Findings in Exhibit A for a full explanation of the staff position). Essentially, staff believes that the proposal to access the garage from the street and not the alley does not conform to the predominate neighborhood character and that the unusual site-specific constraints (i.e. sharing an alley with a restaurant) can be adequately mitigated through better parking enforcement. The applicant believes that the request complies with both criteria, but specifically with the criteria #2. They contend that the subject lot has site-specific constraints owing to the proximity with the restaurant across the alley and the congestion that is associated with it, which would create access difficulties for the applicant. See the attached documents for the applicants support for the variance. Also included are three letters from adjacent property owners who support the request for variance. STAFF SUMMARY AND RECOMMENDATION: Staff recommends denial o f the variance to the Residential Design Standard requiring that garages be accessed from an alley where one exists for the residence at 725 West Bleeker Street. Lots C & D, Block 18, Original Aspen Townsite. 725 WI:% 1- BLEEKER STREET STAFF REPORT PA(if. 3 RECOMMENDED MOTION: "I move to approve Resolution No.Â£4&, Series of 2004, for a variance to the Residential Design Standard requiring that garages be accessed from an alley where one exists for the residence at 725 West Bleeker Street. Lots C & D, Block 18, Original Aspen Townsite." (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE) ATTACHMENTS: Exhibit A: Residential Design Standards - Staff Findings Exhibit B: Application with Building Elevations and Site Plan Exhibit C: Letters from Neighbors 725 Wlis-I BI--121â‚¬KER STREET STAFF REPORT PAGE 4 RESOLUTION No. 32A (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN STANDARDS REQUIRING THAT GARAGES BE ACCESSED FROM AN ALLEY WHERE ONE EXISTS FOR THE RESIDENCE AT 725 WEST BLEEKER STREET, LEGALLY DESCRIBED AS LOTS C & D, BLOCK 18, ORIGINAL ASPEN TOWNSITE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-1244-5008 WHEREAS, the Community Development Department received an application from the applicants, Paula and Barney Eaton, requesting a Variance to the Residential Design Standards requiring that garages be accessed from an alley where one exists (the applicants propose to access their garage from the street even though access is possible from an adjacent alley): and. WHEREAS, upon review of the application and the applicable Land Use Code standards in Section 26.410.040 of the Aspen Municipal Code, the Community Development Department recommended denial of the Variance to the Residential Design Standards requiring that garages be accessed from an alley where one exists because the request does not comply with Criteria 1 or 2 of Section 26.410.020 of the Aspen Municipal Code; and. WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health. safety, and welfare; and. WHEREAS, the City of Aspen Planning and Zoning Commission, at a public meeting on June 15,2004, approved Resolution No. _, Series of 2004, by a vote of to (_ - 3, to approve the Variance to the Residential Design Standards requiring that garages be accessed from an alley where one exists; and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 15th DAY OF JUNE 2004, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Lots C & D, Block 18, Original Aspen Townsite. Parcel Identification of 2735-1244-5008, 725 WEST BI EEKI:11 STREET STAIÂ·'F REPORT PAGE 5 is approved for a Variance to the Residential Design Standards requiring that garages be accessed from an alley where one exists (allowing the applicant to access the garage from the street). Section 2: All material representations and commitments made by the applicant pursuant to this application. whether in public hearings or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: ['his Resolution shall not effect 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. 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 Commission at its regular meeting on June 15, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 725 WEST BLEEKER SI-REET STAFIÂ· REPORT PAGE 6 EXHIBIT A RESIDENTIAL DESIGN STANDARDS 26.410.020 Purpose. Variances from the Residential Design Standards, Section 26.410.040, may be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission. if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would (Note: compliance with only one of the two criteria below is required): (1) Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, STAFF FINDING: DOES IT COMPLY? No Staff finds that the proposed variance Â·to locate the garage in the front does not provide an appropriate pattern or development considering the subject sites' context and the purpose of the standard. Although there are instances around the West End neighborhood where garages are accessed fro111 the front, the predominate pattern in the neighborhood is for garages to be accessed off of the alleyways, where they exist - thereby serving the purpose of the standard, which is to "minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on the alleys." Furthbrmore, the general purpose of the Residential Design Standards is "to preserve established neighborhood scale and character and to ensure that Aspen's " streets and neighborhoods are public places conducive to walking, which, by placing the garage off of the alley, would continue traditional patterns and result in compliance with this purpose. (2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. STAFF FINDING: DOES IT COMPLY? NO Staff believes that, while the subject site does exhibit some unusual site-specific constraints (i.e. sharing an alley with a busy restaurant), the constraints can be adequately mitigated in order to allow the applicant reasonable access to their garage from the alley. Staff feels that, rather than being an insurmountable site constraint, this is fundamentally a parking enforcement issue. The application submitted by the applicant documents some of the problems with access in the alley, such as illegal parking, including in front of where a garage may be located on the subject 725 WEST BLEEKER S'rit[-FT STAH. REPORT PAGE 7 property, delivery trucks parked in the alley, and general congestion and unsanitary conditions from dumpsters and grease containers. While staff concurs that these are real issues, we feel that they can be improved with better parking enforcement and working in consultation with the restaurant. According to the City Parking Department, there have not been many parking complaints recently about the area. When asked about this proposal, it was their observation that people may be currently parking in the alley in front of the subject lot because it is fenced with no access into the lot. therefore thinking that they are not impacting any homeowner. If, however, there were to be a driveway there in the future, they say its been their experience that people will be much more conscious of not parking in front of someone's driveway blocking their access. Regardless, the Parking Department is prepared to step up enforcement in the public alley and respond quickly to complaints should conflicts arise and could be on the site within minutes of a call. Regarding the delivery trucks, the Parking Department believes that there is sufficient space on the site to allow delivery trucks to park and still provide adequate space with which to enter and exit the site. Since the alley is relatively wide (per the City Engineer, it is at least twenty feet wide). there is sufficient area fur the truck to park on the restaurant side of the alley and still maintain adequate space to enter and exit the site. The Parking Department feels that this scenario can be accommodated through talking with the adjacent restaurant (the Hickory House) and, should the understanding not be followed, enforcement. If these measures are instituted, staff believes that site constraint issue is removed or vastly reduced, thereby allowing the applicant reasonable access to their property from the alley and be in compliance with the City's Residential Design Standards. 725 Wl:NI- Bl.1.1:KER S'IREEr STAFF REPORT PAGE 8 .Ae & 14 9004 LYNNIE TOLK AD (AkÂ» 4 Maq towul,u a* 72 Z - 055 a# wvilit UH swent 'Vka Vax.kulu reÂ° *uk +D f *Li au.k 4, Scu~_~ â‚¬aAÂ·,v . 05 ehau 4*0- st-_ 0-241 06 44,2,~ out 03- , wiÂ·kA OPJL hau-L UL \OL+Uu.14A us. 1)wl *0 ki,WAL< 4Â¥00*C Uk W QU.24, 4- \ 6 n.0+Rjub- bu* ck (84 cukt (râ‚¬auuu.da., a:* &0-4~1 , i VYL~ 0 5~ bu d# 60 014. 120 *a Ft<C. 4/WY.4, 444 4401 9 ti QAL S U â‚¬.94<4- GAL*3/L , 4Â·U- OLA.61uu~ +AACU, FOCIA thU 7 c"-4 2. 'v'up 6 Vi P MAL+LAS &A +64Â· DROLOVV Mmust, aNial 4A,u- 6-plor Â¢ Cli al* Pa"RY,t 46 Â£*.UA#~u. Slet-p L,<0+ -= Ac>+ 40 AQAe(i Q,Av 4*4 dtliQH 06Â·li wid â‚¬ Chi E'K 4,rUUU VAA* -4.t up 44(0 0/le a. i, a. n<*1Â¥MA/Lt 0 11,6 CA.UAL~ i 5 " StuA. - VY\abud 6 Â¢ c.,,& Lot- 7 0 wd bl~ ki>W. C~u~ 4%.cu +'*NE -rks.4 ~p fe Our uM**u*#b S nith-Qu 1~4 -18.Â¢IC 117 North Sixth Street â€¢ Aspen, Colorado 81611 Phone (970) 925-8756 Fax (970) 925-8308 MARK M. PEARSON 702 WEST MAIN STREET ASPEN, CO 81611 970-544-1082 mpearson@mesabank.com April 19, 2004 City of Aspen Planning and Zoning To whom it may concern, RE: Paula and Barney Eaton Variance Request I live at 702 West Main Street in Aspen and on the same block as the Eatons. We share the alley that seems to belong to the Hickory House. This alley is a very busy alley with large delivery and garbage truck traffic that restricts access for a large portion of the day. It is also a very busy alley with regards to normal restaurant traffic of a 100-seat restaurant. On many days the patrons of the restaurant, for breakfast, lunch and dinner, park in a manner that blocks and greatly restricts the normal use of our alley and streets. It is very difficult to us the alley as an access to parking for homes of for that manner access the rear of any residential lots on that alley. I would strongly support the variance request of the Eatons' to access their garage from Bleeker Street. If you have any questions, do not hesitate to give me a call at 970 544-1082. Thank you, Mark M. Pearson RETAIN FOR PERMANENT RECORD 4 /\E /04 To: Planning and Zoning Commission Aspen, Colorace April 14,2004 Dear Commission Members, As the neighbor directly to the west ofthe Eatons, I am very familiar with the problems associated with the alley behind our houses. It is frequently clogged with parked cars especially in the mornings and evenings when the restaurant is busy. This has been going on a long time despite complaints to the city. Delivery trucks seem to be there on a regular basis and cause lots of noise and congestion. Food waste and grease make for unsanitary conditions and attract bears and other animals. Due to these conditions, I hope you will grant the variance to allow Paula and Barney to put their garage Bleeker Street. Thank you O-VA.0Â« %Â»jb C\,1~0 -7741 Ann Marcus RETAIN FOR PERMANENT RECORO June 10, 2004 To: Aspen Planning and Zoning Commission From: Tim and Ginna Francis 711 West Bleeker St. Aspen, Colorado 81611 To Whom It May Concern: We are writing this letter to support the variance request of our neighbors Paula and Barney Eaton for a garage entering off of Bleeker Street. Our neighbors have been using parking off of Bleeker Street since we moved in and it has worked very well and never caused a problem. Ifyou have any questions please contact us at 925-5370 at any time. Sincerely, 1/ 1 \ Tim and Ginna Francis June 13,2004 Jasmine Tygre Aspen Planning and Zoning Commission City Hall 130 S. Galena St. Aspen, Co 81611 re: 725 W. Bleeker Ms. Tygre: I will be out of town on Tuesday June 15 but I am opposed to granting a variance to permit the access of a garage from Bleeker Street. The absence of driveways on the front sides of houses in the West End in one of the characteristics that gives our city the neighborhood feel (rather than a suburban feel) that I feel is so important. You will note that the two middle houses on that block both have driveways (leading to nowhere) from the street. These driveways certainly do not enhance the area. And, placing a garage at the end of one or both ofthem will do nothing constructive in the long run. There is an alleyway in back of 725 W. Bleeker and we would all be better off if the Eatons could work out a way that it could be utilized as are all ofthe alleyways in the rest of the neighborhood. Please do not open a Pandora's box by allowing this variance. Thank you very much. Sincerely, -Feter G. Ma9*4-- 727/729 Wfliallam Aspen, CO PUBLIC NOTICE RE: 725 WEST BLEEKER STREET NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 15, 2004 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Barney and Paula Eaton requesting a variance to the Residential Design Standards requiring that garages be accessed from an alley. The applicants propose a one-stall garage accessed from Bleeker Street. The subject property is legally described as Lots C & D, Block 18, Original Aspen Townsite. For further information, contact Scott Woodford at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-51~)2, (or by email at scottw@ci.aspen.co.us). s/Jasmine Tvere. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 29,2004 City of Aspen Account RECEIVED Uf 2 4 2004 Oillilil)1198806- *Illailibus.18800- -- - USAA2 lUSA tr.~r--- Vt-f / .J... - -0......Ill--- r~ !4 .'UN â‚¬9 -MI-Lgi. 7*72)filliff'len --44:~ 2,30Â£, > ).11'lle'llid C)nmibus 188{)s ()innibus 1880+ ()rnitibus 18808 lITa 1[rs liNA- L~22:2tivr .f'SE~F /*UÂ·-]6626!!1 FEJELEW:4 ~UN-611211!1 L.OV J ~5 *1 1 i /5 l 76/16- 1 6% Cy/pur ~?PE,4 -~,044,1/4 R/yo 294\44 \ 30 9~/0 ARLE-*0 9-r 14 5 re'/1 0 0 Eisil#Â£302 1111I Ill! lilliâ€žâ€ž,11â€ž111â€ž1111,11,11 ""SIA.~,|II 11 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (IE), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 77-0 1 (1 . AU-:54> 0 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: .4279/ , 200 .l L STATE OF COLORADO ) ) SS. County of Pitkin ) 4 7-* )4 i *7 9 7~ P.-,A~ (name. please print) being or representing an Applicant to the City ofAspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice.* By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, , waterproof materials, which was not less than twenty-two (22) inches wide (, and twenty-six (26) inches high, and which was composed of letteps not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department. which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation. or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 0/ + u/_6 *i-CLQ (94 S*lature The foregoing "Affidavit of Notice" was acknowledged befure me this ) day of 1--dr - 200_~2, by 357 1.5-Â·r-,Air WITNESS MY HAND AND OFFICIAL SEAL Â£ My commission expires: Â£~/3i>';17-? PUBLIC NOTICE RE: 725 WEST BLEEKER STREET NOTICE [S HEREBY GIVEN that a public hearing will be held on Tuesday, June 15, 2004 at a meet- I ing to begin at 4:30 p.m. before the Aspen Plan- ning and Zoning Commission, Sister Cities Room, ~ Notary Public U.Â· City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Barney and Paula Eaton requesting a variance to the Residential Design 6 Sri (AH Standards requiring that garages be accessed i op,JOS from an alley. The applicants propose a one-stall garage accessed frâ€žni Bleeker Street. The subject property is legally described as Lots C & D, Block 4...1 18. Original Aspen Townsite. Â«Â·Â·..........Â·Â·Â·* 1 For further information, contact Scott Woodford at the City of Asp,n Community Development De- k LF cov partment, 130 S. Galena St., Aspen, CO (970) 920Â· 5102,(or by email at scottw@ci.aspen.co.us). ATTACHMENTS: s/Jasmine Tygre, Chair . Aspen Planning and 70*ing Commission ! Published in The Aspen Times on May 29, 2004. r (1551) COPY OF THE PUBLICATION k ' PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 72 5- 0.). 134,4.,r 73 1Â«9- (4 - )~fEC~ JL on cferfÂ·Dii &1070 44(7 ('(yod Ae, 11 (-4n.1*4 4\Â«Fal moll yat r. sli a I * R i 5 0 6-i 1 ' r - A 6 6[Re N\L 6475 2 4%4pg- uu.:~ 21Kh~- (ji 1â‚¬4 64*,AAIrt30) 10&956 F~\ + 0Ji -~fp~L#'i 6-4Â£0Â¥ 40 67'Gri~.,2iic: 5 } 644- 4 04.<~A Z 44 CAH{ktl lotâ‚¬:2 ft OCDS#. CH. 4:60..C' l<.~c. fE-kl. 21'1Â·1/0-1-iwir 0/\SÂ¢k~*cYL ct"lituS 2 4#6 10 %41-11 fat M I no ouj CA cot Of--01-4--iff-6-,0 NE-~- 5-2 <-~ 1. For all residential Alliv 1 / uses, parking. garages, and L jFEE ~- No. 1 Yes. --H f carports shall be accessed , Yes. from an alle or private road if one exists. |- 0-M 1 3 -- 1 2-4 1 Street. REVIEW CRITERIA: Ace ding to Section 26.410.020 of the Land Use Code, an applicant who desires a variance froi the Residential Design Standards shall monstrate, and the deciding board shall find tha the variance, if granted, would: 1. Provide an appropriate esign or pattern of developme considering the context in which the developmen is proposed and the purpos of the particular standard. In evaluating the context it is used in the crite a, the reviewing board may consider the relationship of le proposed develo ent with adjacent structures, the immediate neighborhood tting, or a broa er vicinity as the board feels is necessary to determine if the exe tion is warr nted; or, 2. Be clearly necessary for reasons f f rness related to unusual site-specific constraints. STAFF POSITION: Staff finds that the pro osed riance does not comply with criteria (1) or (2) and therefore, is recommending enial of th request (See Staff Findings in Exhibit A for a full explanation of the staff osition). Esse ially, staff believes that the proposal to access the garage from the stre and not the alley es not conform to the predominate neighborhood character and th the unusual site-speci constraints (i.e. sharing an alley with a restaurant) can be ad uately mitigated through bett~ parking enforcement. STAFF SUMMARY AND ECOMMENDATION: Staff recommends de al of the variance to the Residential De<tgn Standard requiring that garages be accesseqfrom an alley where one exists for the residehQe at 725 West Bleeker Street. Lots C ~13, Block 18, Original Aspen Townsite. \ RECOMME<DED MOTION: "I move to approve Resolution No. , Series of 2004, for a variance to the Residential Design Standard requiring that garages be accessed from an alley where ont exists for the residence at 725 West Bleeker Street, Lots C & D, Block 18, Original Aspen Townsite." (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE) ATTACHMENTS: Exhibit A: Residential Design Standards - Staff Findings Exhibit B: Application with Building Elevations and Site Plan 725 WEST BLEEKER STREET STAFF REPORT PAGE 3 JUN-02-2004 WED 04:47 PM FAX NO, P. 01 AFF]DAVIT OF PUBLIC NO-YICE REQUIRED HY SECTION 26.304,060 (E), ASPEN ],AND USE CODE ADDRESS OF PROPERTY: -13~- 1/02+ Blee,te , Aypen, CO SCHEDULED PUBLIC HEARING DATE: j liA e l 73 -FE , zOO-N STA'rIC OF COLORADO ) County of Pitkin ) I, 61 c A ew + Wl,vula- AutÂ©rh _ (noinc. please print) being or represent#Ig an Applicant to the City of Aspen, Colorado, hereby personally certify thai 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following inamier: / Publicatimi ofnotice: Ry the publication in the legal notice section ofall official paper or a paper of general circulation in the City of Aspen at least fill.ecn (15) days prior to the public hearing. A copy of f he publication is airached hereto. '~ Posting of notice: By posting of notice, which form was obtained from the Cominunity Development Department, which wits made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, :md which was composed of letters not less than one inch in height. Said notice wax posted in a conspicuous place on the subject properly alleast fifteen ( 15) days prior to the public hearing and was continuously visible from the Ykdayof 140/ut 9\0(4.(- ),nO.?00Â£-1 ,toand including thedate and time ofthe pliblic hearing. A photograph of the posted notice (sign) is cittached hereto. 4 Mailing of notice. By the inailing of a notice obtained from the Community Development Department, which contains the infornlation described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or Ina,!cd by first class, postage prepaid U.S. inail to all owners of property within three hundred (300) feet of the property subject to the development application, and, At least fifteen (15) clays prior to the public hearing, notice was hand delivered 01- mailed by first class postage prepaid U.S. mail to any federal agency, slate, county, municipal government, school, service district or ollier governmental or quasi-governmental agency that owns property within three hundred (300) feet of the properly subject to the development application, The nallics and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to 11,c dote of the public hearing. A copy of/he owners k.md governmental agencies xo uotice<i is atrached hereto. Notilinwed oil next paste) JUN-02-2004 WED 04:47 PM FAX NO, P. UZ Rezoning or text amendment. Whenever the official zoning district inap is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever Lhe text of this Title is to bc aincnded, whether such revision bc made by repeal ofthis Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to und Jisting of names and addresses of owners of real property in the orca ofthc proposed change shall be waived 1 lowever, the proposed zoning map has been available for public inspection in the planning agency during 711 business hours for fAcen ( 15) days prior to the public hearing on such amendments. 04_u,{ a- 6-tu n Sg' The foregoing "Affidavit of Notice" was acknowledged before inc this _~_ day or .Jlle,/E , 200-, by f A lk.*4 lE A TOÂ» WITNESS MY HAND AND OFFICIAL. SEAL My commission expitts: / -2 S - 2 007 9741 E: Cul.VP.60 0 j HA.1- U--7â€¢Vl IN'v 1 C.OU,Jr y : P 171</ rJ Notary Public c / h TODD A. -LAY- |/ NOTARY PUBUC State of Colomdo My Commission Expires 1 -25-2007 AiTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 635 WEST BLEEKER LLC 715 W MAIN LLC ANSON WESTON T & SUSAN BAILEY C/O NANCY SPEARS 715 W MAIN ST #101 8030 EL PASEO GRANDE P O BOX 2630 LA JOLLA, CA 92037 ASPEN, CO 81611 ASPEN, CO 81612 API PROPERTIES 295 LLC ASPEN HISTORICAL SOCIETY BAVARIAN AFFORDABLE HOUSING LLC 4208 DOUGLAS BLVD STE 300 620 W BLEEKER ST 1000 S MILL ST GRANITE BAY, CA 95746 ASPEN, CO 81611 ASPEN, CO 81611-3800 BEAVERS JASON L 1/2 BODURTHA SUSAN M BONE RANDALL 719 W MAIN ST #301 719 W MAIN ST #206 280 NEWPORT CENTER DRIVE ASPEN, CO 81611 ASPEN, CO 81611 NEWPORT BEACH, CA 92660 BOSSART TODD L BREIDENBACH WARREN C BRINKMEYER THOMAS K 814 W BLEEKER ST #E4 #4 WOLF PEN LN PO BOX 9022 ASPEN, CO 81611 PROSPECT, KY 40059 ASPEN, CO 81612 CHRISTIAN SCIENCE SOCIETY BULICZ KEITH BUTLER MARIE ASPEN/SNOWMASS INC PO BOX 2826 814 W BLEEKER #C-4 734 W MAIN ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 CITY OF ASPEN CONNOLLY MICHAEL COULTER G LYNNIE 130 S GALENA ST 814 W BLEEKER #Bl PO BOX L3 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 DAILY KIMBERLY DAWN FATTAHI AMENEH AS TRUSTEE FRANCIS TIMOTHY P & MARY VIRGINIA 5326 20TH STREET CT E 306 WORDSWORTH CT 711 W BLEEKER BRADENTON, FL 34203-4406 ROSEVILLE, CA 95747 ASPEN, CO 81611 FREUND ROYAL GIBSON ASPEN PROPERTIES LLC GOLDSMITH ELLEN 51 ROARING FORK DR 715 W MAIN ST STE #203 719 W MAIN ST #101 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 GRUETER PAUL ERICH HAMLIN CONNIE E HARRY SALLY 50% 719 W MAIN ST #103 719 W MAI N ST #207 601 E HOPKINS 3RD FL ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 HEISLEY MICHAEL E HAYES MARY FAMILY PTNSP LTD HOGGATT JERRY S C/O K J LONG PO BOX 497 175 14TH ST 2004 DIANA DR ASPEN, CO 81612 NEW ORLEANS, LA 70124 MENDOTA, IL 61342 HOOK BRADLEY K & PAMELA D HORSEY SUSAN H JENKINS JULIE N 782C NORTH KALAHEO 107 S 7TH ST 719 W MAI N ST #203 KAILUA, HI 96734 ASPEN, CO 81611-1639 ASPEN, CO 81611 JEROME OFFICE ASPEN CO LLC KC ASPEN LLC KHALAF ALEXANDER R & FAHIMA 715 W MAIN ST #201 75-5706 HANAMA PLACE SUITE 104 265 PILOT RD ASPEN, CO 81611 KAILUA-KONA, HI 96740 LAS VEGAS, NV 89119 KURTZ KENNETH T & KAREN KUDISH DAVID J REVOCABLE TRUST LARNER JACQUELINE L BRAKUR CUSTOM CABINETRY 1325 N ASTOR ST 376 DAHLIA 18656 S RT 59 CHICAGO, IL 60610 DENVER, CO 80220 SHOREWOOD, IL 60435 LARY LANCE R 1 /2 LDD WEST LLC LONG FAMILY INVESTMENTS LLLP 719 W MAIN ST #301 220 N SMITH ST STE 300 0190 SAGE SWALE ASPEN, CO 81611 PALATINE, IL 60067-2448 CARBONDALE, CO 81623 LUU TONG KHON LUU INVESTMENTS LLC LYLE ALEXANDER T TRAN TUYET LE 435 E MAIN ST 719 W MAIN ST #204 814 W BLEEKER ST #B4 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 MAEWEST LLC MANGONE PARTNERSHIP LP MANIE MICHAEL B 1/2 ATTN: DOROTHY A SHARP 12687 W CEDAR DR #100 PO BOX 11373 706 WEST MAIN LAKEWOOD, CO 80228 ASPEN, CO 81612 ASPEN, CO 81611 MARCUS ANN H MAWICKE FREDERICK H MCDANIEL SHANNON B 735 W BLEEKER ST 719 W MAIN #205 719 W MAIN ST #100 ASPEN, CO 81611-1133 ASPEN, CO 81611 ASPEN, CO 81611 MINNESOTA MATERNAL MITTON JOSEPH & PATRICIA 1/2 INT MCMANUS JAMES R FETEL MEDICINE FRANKLE DAVID 1/2 INT 1552 POST RD 2115 DWIGHT LN 1015 VOLTZ RD FAIRFIELD, CT 06824-5935 MINNETONKA, MN 55305 NORTHBROOK, IL 60062-4722 MURRY PAUL J OLSHAN BURTON D 1/2 MOUNTAIN RESCUE ASPEN INC MURRY BONITA J OLSHAN KATHLEEN W 1/2 630 W MAIN ST 814 W BLEEKER ST C-5 5408 OLD LEEDS RD ASPEN, CO 81611 ASPEN, CO 81611 BIRMINGHAM, AL 35210 PARFET DONALD R & ANNE V PEARSON MARK M & LEES M PITKIN EXCHANGE HOLDINGS 50% 11000 RIDGEWOOD LN 702 W MAIN ST 601 E HOPKINS 3RD FL RICHLAND, MI 49083 ASPEN, CO 81611 ASPEN, CO 81611 POLSE KENNETH A & JOYCE L REVOC SCHAFFER WILLIAM H SCHROEDER SARA 1992 TST 814 W BLEEKER ST #B6 634 W MAIN ST #2 452 SCENIC AVE ASPEN, CO 81611 ASPEN, CO 81611 PIEDMONT, CA 94611 SHERIDAN DAVID R Il 1/2 SIVART HLDGS LTD PTNR STEINBERG EDWARD M PO BOX 11373 21 BREEZY KNOLL 1068 HOLLY ST ASPEN, CO 81612 AVON, CT 06001 DENVER, CO 80220 TOPELSON ALEJANDRO TRAN HONG HUONG TURCHIN MARTIN & CHERYL 4725 S MONACO ST #330 814 W BLEEKER ST #Cl 3060 MIRO DRIVE SOUTH DENVER, CO 80237-3468 ASPEN, CO 81611 PALM BEACH GARDENS, FL 33410 UHLER FRANCES M WALTZ FAMILY TRUST WEIEN J ROBERT 814 W BLEEKER 6075 LA JOLLA SCENIC DR S 709 W MAIN ST UNIT B2 ASPEN, CO 81611 LA JOLLA, CA 92037 ASPEN, CO 81611-3115 WEST BLEEKER INVESTMENTS LTD WIDEN SHARI WILSON TOMI A 13787 PINE VILLA LN PO BOX 4929 814 W BLEEKER ST # Al FT MYERS, FL 33912 ASPEN, CO 81612 ASPEN, CO 81611 ZIEGLER JUSTIN C 719 W MAIN ST #202 ASPEN, CO 81611 1- 1-4../-- 2 0 PUBUC NOTICE DATEÂ» 5 4 1 TIME H 33 PLACE PURPOSE r 2, - . I . . . . â€¢ -- :'9*' W 4 , I ,.GL Irmr.:tÂ».. I ac Â£4 6 -- k - 9 - 1 1 : 5 - I 11 1 -.. ....445=1 . . Vt.4 49 15 . ...4 4 - . 4 1.-:.PF''i~,1<51*E . -.2/7/'rt'R 41.:94 .* k *,1 v.:W '- -iC â€¢ Â· 4 2.4 ''. Â¥ , 1 2 10 JF r '#. *r ' 1 ' .. ,4~1*wÂ·Z ?4. .:*4 1,16. . :2 bt , --nas-- lued- 13\â‚¬â‚¬/bz,ast' ATTACHMENT 2 -LAND USE APPLICATION UPLICANT: Name: 8*/2-ki/I'r f ~Fk-ULA FAL -re 14 Le 1- S Location: 745- \Al, 73>t--2.litzek ST, 8-t797-*'<2, Ci D j BLiz- IZ, 646 PJ[6u (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 1 7 3.5- /00-4-4- .rao A REPRESENTATIVE: Name: (E~ e-AEM 2- MEAk).S AnCH(72E..1-IJIZE- Address: A 16 90. (~AL NUAr- S-h; At po, U Phone #: 91 5- 9 ) 3-0 PROJECT: Name: EATe KI RES,1 61IUCE Address: 715- w, Al-Er-<2&/7. 61-1 Phone #: 925- 7075- TYPE OF APPLICATION: (please check all that apply): Conditional Use L Conceptual PUD LJ Conceptual Historic Devt. Special Review 2 Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal [2 Conceptual SPA [3 Minor Historic Devt. GMQS Allotment J Final SPA (& SPA Amendment) E Historic Demolition GMQS Exemption U Subdivision O Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes Â£ Small Lodge Conversion/ Margin, Hallam Lake Bluff; condominiumization) Expansion Mountain View Plane U Lot Split U Temporary Use [F Other: L J Lot Line Adjustment E Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) E 15 1 D F U 1- I A L A A l) 51 F . O F /4 FPE,/3 X 1.5- 8 4- S 62 F-~ PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) ADD 7-6 Â£*\ST-/ k'~5 12'ES,larkl<:LIE: 1-8 + 3-63TA I- 19 11 4- 6 5.44 F-v- lave you attached the following? FEES DUE: S J Pre-Application Conference Summary â‚¬ Attachment #1, Signed Fee Agreement fF Response to Attachment #3, Dimensional Requirements Form A Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written ext (Microsoft Word Format) must be submitted as part of the application. 000* 00 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 54. u LA- 1 3 A-/2-1.irr EA7&64 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 21/Slar krrIAÂ· L 'ID r.3 1*U 51 1-K W C +424 7 A- 2.) A K/Ce. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for proj ect consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: Julie Ann Woods Community Development Director Date: Billing Address and Telephone Number: Required g:\support\forms\agrpayas.doc 6/05/03 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: % ATO Al 15Pb ?De kiCE- Applicant: 3 h Il N tÂ¥ f PA u L A. MATO 9 Location: 1_607-5 C * C> 1 1322 1 8 j A-Â·s p=k./ Zone District: R 6 Lot Size: 60 X loo Lot Area: GOOD_ 54 1- ) (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing:- O - Proposed: -O- Number of residential units: Existing: 1 Proposed: \ Number of bedrooms: Existing: 41. Proposed: 13 Proposed % of demolition (Historic properties only): - O - DIMENSIONS: Floor Area. Existing: \5 84-Allowable: 31-4-0 Proposed: 314-0 Principal bldg. height: Existing: 51_ 4- Allowable: 15- Proposed: 1 4- Access. bldg. height: Existing: -O- Allowable: -C>- Proposed:- 6 - On-Site parking: Existing: 2. Required: Proposed: 3 % Site coverage: Existing: \ 8 Required: -6- Proposed: % Ar % Open Space: Existing: 8 0- Required: -0- Proposed: 6 6 Front Setback: Existing: \ 0 Required: 10 Proposed: \ O Rear Setback Existing: b B Required: 10 Proposed: 31_ Combined F/R: Existing: 4 8> Required: 3 6 Proposed: ml--_ Side Setback- Existing: 5- Required: 5- Proposed: 57 Side Setback: Existing: 11 Required: E- Proposed: 1 0 Combined Sides: Existing: 13 Required: 1 5 Proposed: \5- Existing non-conformities or encroachments: -0- Variations requested: 2.- Z.01 DEL A(7-/A-t_ 73 2116 i.4 2 -771-WD,~rfo i> 16,4- 10;.0, 4-0 /ch/1 3 '~A 2-'9 5 04 17-IZ.Z.):7- VA*IANCE REOUEST To: Planning and Zoning Commission City of Aspen, Colorado From: Graeme Means Architecture 210 South Galena St, Ste 23 Aspen, Colorado 81611 (970) 925 9150 Subject: Request for Variance from Residential Design Standards Lots C&D, Block 18 City of Aspen, Colorado Dear Committee Members, Paula and Barney Eaton are longtime locals who have lived at their home on Bleeker Street for approximately five years and want to expand their existing house of approximately 1800 square feet to accommodate their growing family. In doing so, they would like to add a garage. For reasons discussed in this application, they would like to place the garage on Bleeker Street but are unable to do so because of Residential Design Standard 26.410.040 (C) (1)(a) which prevents placing a garage on the street for those lots with alley access (which this lot has). Section 26.410.020 grants your Commission the power to approve a Variance to this requirement under either of the following conditions: 1. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. The unusual site-specific constraints of this particular alley are the reason for this Variance request. Due to the presence of a restaurant across the alley from the applicant's house, this alley is very different in character from almost all other alleys in town. Illegal 1 parking causes considerable congestion and access problems. Patrons of the restaurant have historically felt free to park anywhere there is a space on either side. This has been a constant practice for at least fifteen years. At peak restaurant times, the alley is frequently clogged with parked cars. Due to the working nature of the patrons of the restaurant, service trucks, snowplows, backhoes, construction trailers, and other large vehicles are commonly parked illegally, often for periods of several days, weeks, or more. Delivery and trash trucks add significantly to the problem. Daily delivery of food and other supplies means the constant presence of large trucks with ramps out the back which take up perhaps 50 feet of space. This amount of congestion assures that a garage located this close to the restaurant would often be blocked by parked cars or delivery trucks, making entrance or exit very difficult or impossible without searching the restaurant for the offending driver. Being unable to exit your garage on the way to work in the morning becomes a very real possibility. Sanitary conditions are another reason that the Applicant's do not wish to place a garage there. The large dumpsters full of food waste often overflow and spread trash throughout the alley. Bears are a constant problem in season. Greasy cooking equipment is steam cleaned near the area where a garage would be located. During this process, grease flows on the ground and a recent episode involved grease actually flowing in a small river onto the Applicant' s property. There is frequent property damage to fences, utility boxes and anything else in the alley. We feel that these historically occurring and constant problems are more than sufficient for you to grant this request. While most city alleys are residential in nature, the presence of a restaurant changes the character and conditions of this alley dramatically and make it unfit for access to a residence. Adjacent neighbors who have garages on this alley have stated that they do not use them except for long term storage because of the problems discussed above. They park on the street. The Applicant's lot is impacted by these conditions as much or more than any lot on the block. The second condition that justifies the granting of a variance concerns an appropriate design for the neighborhood. Conceptual drawings of the Bleeker Street elevation and a Site and First Floor Plan are attached to this application. As per the Residential Design Standards, we are setting the garage ten feet back from the front faâ„¢le of the house (and thus 20 feet from the property line), and the portion that reads as a garage is approximately one third that of the rest ofthe house. The single garage door would not be over nine feet wide and would be faced with wood paneling and windows. There will also be a trellis or roof element approximately four feet deep over the door. These techniques will serve to deemphasize the garage and incorporate it into the design of the house. A very prominent feature of the front fa~ade will be a visually strong front porch. This not only adds a significant one story element to the street fagade but also sets a strong pedestrian friendly context which effectively counteracts the garage portion. The Owners currently access their lot from Bleeker Street so that a new curb cut will not be necessary, and the existing pattern of traffic and parking will not be changed. The streetscape will only improve in that two fewer cars will be visible from the street. The neighbors are used to this pattern and every neighbor contacted so far actually approves 2 of the granting of this variance. There will not be a precedent set in that there are numerous instances of street facing garages throughout the West End. In summation, we feel that while only one of the stated conditions need be present to grant a Variance, this project amply satisfies both conditions. We thank you for your 1 attention. Respectfully, //7 Graeme Graeme Means Architecture CO :L lu i - I! 1 ~i~I :lili 1 , 1 41111:1; . 11 0 4 21111'11 Dll,1 ' 41Â· ili tv#= 4, 7-"EAP --Â£..... 1' -. m 1Â¤ 4| ~ le--i- i 11 If~-4-1- - 4==1.614==*1==/6 F DEU'.4 11 0. u- '- L /1 19 Â·H,Â·~ -10 1111 4\+Plabll Du --41.INT 1 11 - L.L p *~,~ IF \ Liv,'4 9 Potc14 \ L D--, -Flin :LAILj'J' 11-t-24*192 1~71 :1 . 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Â¥ i :4't .Â·~'1 .4 L VARIANCE REOUEST To: Planning and Zoning Commission City of Aspen, Colorado Fi*: Graeme Means Architecture 210 South Galena St, Ste 23 Aspen, Colorado 81611 (970) 925 9150 Subject: Request for Variance from Residential Design Standards Lots C&D, Block 18 City of Aspen, Colorado Dear Committee Members, Paula and Barney Eaton are longtime locals who have lived at their home on Bleeker Street for approximately five years and want to expand their existing house of approximately 1800 square feet to accommodate their growing family. In doing so, they would like to add a garage. For reasons discussed in this application, they would like to place the garage on Bleeker Street but are unable to do so because of Residential Design Standard 26.410.040 (C) (1)(a) which prevents placing a garage on the street for those lots with alley access (which this lot has). Section 26.410.020 grants your Commission the power to approve a Variance to this requirement under either of the following conditions: 1. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine ifthe exception is warranted; or, 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. The unusual site-specific constraints of this particular alley are the reason for this Variance request. Due to the presence of a restaurant across the alley from the applicant' s house, this alley is very different in character from almost all other alleys in town. Illegal 1 parking causes considerable congestion and access problems. Patrons of the restaurant have historically felt free to park anywhere there is a space on either side. This has been a constant practice for at least fifteen years. At peak restaurant times, the alley is frequently clogged with parked cars. Due to the working nature of the patrons of the restaurant, service trucks, snowplows, backhoes, construction trailers, and other large vehicles are commonly parked illegally, often for periods of several days, weeks, or more. Delivery and trash trucks add significantly to the problem. Daily delivery of food and other supplies means the constant presence of large trucks with ramps out the back which take up perhaps 50 feet of space. This amount of congestion assures that a garage located this close to the restaurant would often be blocked by parked cars or delivery trucks, making entrance or exit very difficult or impossible without searching the restaurant for the offending driver. Being unable to exit your garage on the way to work in the morning becomes a very real possibility. Sanitary conditions are another reason that the Applicant's do not wish to place a garage there. The large dumpsters full of food waste often overflow and spread trash throughout the alley. Bears are a constant problem in season. Greasy cooking equipment is steam cleaned near the area where a garage would be located. During this process, grease flows on the ground and a recent episode involved grease actually flowing in a small river onto the Applicant' s property. There is frequent property damage to fences, utility boxes and anything else in the alley. We feel that these historically occurring and constant problems are more than sufficient for you to grant this request. While most city alleys are residential in nature, the presence of a restaurant changes the character and conditions of this alley dramatically and make it unfit for access to a residence. Adjacent neighbors who have garages on this alley have stated that they do not use them except for long term storage because of the problems discussed above. They park on the street. The Applicant's lot is impacted by these conditions as much or more than any lot on the block. The second condition that justifies the granting of a variance concerns an appropriate design for the neighborhood. Conceptual drawings of the Bleeker Street elevation and a Site and First Floor Plan are attached to this application. As per the Residential Design Standards, we are setting the garage ten feet back from the front fagade of the house (and thus 20 feet from the property line), and the portion that reads as a garage is approximately one third that of the rest ofthe house. The single garage door would not be over nine feet wide and would be faced with wood paneling and windows. There will also be a trellis or roof element approximately four feet deep over the door. These techniques will serve to deemphasize the garage and incorporate it into the design of the house. A very prominent feature of the front fagade will be a visually strong front porch. This not only adds a significant one story element to the street fa~ade but also sets a strong pedestrian friendly context which effectively counteracts the garage portion, The Owners currently access their lot from Bleeker Street so that a new curb cut will not be necessary, and the existing pattern of traffic and parking will not be changed. The streetscape will only improve in that two fewer cars will be visible from the street. The neighbors are used to this pattern and every neighbor contacted so far actually approves 2 of the granting of this variance. There will not be a precedent set in that there are numerous instances of street facing garages throughout the West End. In summation, we feel that while only one of the stated conditions need be present to grant a Variance, this project amply satisfies both conditions. We thank you for your attention. Respectfully, Graeme Graeme Means Architecture 3 - T.i= tib:*4,2 r .7, f p. I &Â£Ji'~Il.&. IDA. 4.,i - *A . e,/&. g ~ 4,4 36 je:, G. , 440. Â» .. 4!, Â·c; Â·, :*- 14.~,//~'fA,- -91*i_(_2 ,,~.44#~'~ ~fk~ *Â»,t . I .t ' -Â· 1 74 41*7.Â£2*.'-.6.=W, 7. 0 . 1 - 13 : I# 2/in 48 '3. .YW! Â¥b&. . : 2*.4 'Mpt 1.- -1 T . Â· â€¢ Â·10 < t 9 6. '.la TÂ». - -J.Rg 7,/.i/. 1 2 , . 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P I A N . 1 -6' 15- Â»Prill- 0 4- mE,li Â» 4 ILLIL,LII #21 1 1-9 LULU 1 1 1 1. -4,- - ~1 -/ 7 . 1 --: |~~~ ~ ~ D L-Ek.*EL- f'n- 4- L FvÂ»- 1- 16 k.1 1 1 2/11 4/157 04- #2.4 2-,CG 29 9 2'r> col-T - Iloo Cof'KS OF \,/Mitbjuce- -7- A~~Lic *710 c f ~AUL A A-A-6 -T-A L â‚¬ ao h _ NE 49 U /30 c b '4-U- Op __ __ Cu Me M. _ .slu ~3 pe,Â¢lq.- -144 4 M'LI B.MCIE"_ G) fL UU 1 Li *71 910 /1-42- t-#777"6 _44.TryE '1_ A- 01/3 - /3 /1, c ** -~27 __.____-~. _'+Uâ‚¬,_ )91- E- E-7-t h.-- un__ 21 Er TZ ~EW 1 --- -- --- Latz_ -lood-Lo Llk.R--t-13 0~-KT- _ u.,u A:5 900 AJ FS ?65% 'cb CGI - r'L E Ate- 01â‚¬7- FAL 9- Pow Mboâ‚¬T- 47- 6~b- AKAL - _ 915-9 CiO , 21 ATTACHMENT 2 -LAND USE APPLICATION U'PLICANT: Name: 8/keki/rr f f-7.ULAL WA-7-C U Lets Location: 745- id: BLEâ‚¬*ze- ST, 2-UJE<Â·, Ci D, BLE lit, A, PEk, (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 1 7 53- / 1 4-4- s'80 A REPRESENTATIVE: Name: (5~ 2.-A LMI 0- M viA 9.3 A (2Â£14 ( 7-mLT- IJ 12-E_ Address: Ala Co. ('A Lm-Lt,4- 6-1~ A-A PO'W Phone #: 915-- 9/6-0 PROJECr: Name: EATON ~US\C,MUCE Address: 71-5- f/ ALEE<ZE./7. S -1-0 Phone #: 915- 7 0 7 5- TYPE OF APPLICATION: (please check all that apply): Conditional Use U Conceptual PUD U Conceptual Historic Devt Special Review E] Final PUD (& PUD Amendment) 2 Final Historic Development Design Review Appeal U Conceptual SPA 2 Minor Historic Devt. GMQS Allotment E Final SPA (& SPA Amendment) E] Historic Demolition GMQS Exemption L Subdivision Li] Historic Designation ESA - 8040 Greenline, Stream E] Subdivision Exemption (includes 2 Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane DJ Lot Split 2 Temporary Use L] Other: E Lot Line Adjustment J Text/Map Amendment EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) RESIDFul-/AL }-40 ll.<21Â¥r. OF ,/4FPE.BX \ 5 8 4- S GR Er- PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) ADD -1-6 â‚¬*\111 43 IZES< 0 2 var 1-C> A 1-23-T-* I_ C)E 051 4-0 6 42 FT- *ave you attached the following? FEES DUE: $ 3 Pre-Application Conference Summary < Attachment #1, Signed Fee Agreement 5 Response to Attachment #3, Dimensional Requirements Form 5.Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written ext (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERMANENT RECORD 002*00 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and -PX u LA- 10 1 A e.kl m.*f E A-T- BN (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for BES<Dru-T-}A L- DIC \44, 61-0.WOMLS 7 A- ?U Al/CE= (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient i nformation to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPF#* APPWCANT By: *lull, 111)46 Julie Ann Woods Community Development Director Date: W l./0 4.84 Billing Address and Telephone Number: Required - .-- 415 -101 5 -114- {13â‚¬i N eate'-/ g:\support\forms\agrpayas.doc Af),Un CO %1(0 C I 6/05/03 RETAIN FOR PERMANENT RECORD ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 5 AT C> 54 .EPS 10 5 LI CE. Applicant: 3 Ar e k.1 tr Â¢ PA. u L A Er,Â¢ra 9 Location: l-- c>TS C f D, /SU= 18 j A-sp>m-k.l Zone District: R 6 Lot Size: 60 >< 1 00 Lot Area: 600Â£ 54 FT- (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: -O- Proposed: Number of residential units: Existing: 1 Proposed: 1 Number of bedrooms: Existing: a. Proposed: 3 Proposed Â°/0 of demolition (Historic properties only): - 0 - DIMENSIONS: Floor Area: Existing: \5 84-Allowable: 3 1.4 0 Proposed: 30.4 0 Principal bldg. height: Existing: 1 4- Allowable: 15 Proposed: 1 4- Access. bldg. height: Existing: -O- Allowable: - O- Proposed:- 0 - On-Site parking: Existing: el- Required: Proposed: 1 % Site coverage: Existing: 18 Required: -6- Proposed: % 4- % Open Space: Existing: 8 9- Required: - 6 - Proposed: 6 6 Front Setback: Existing: \ O Required: 10 Proposed: \ O Rear Setback: Existing: 5 8 Required: ~ O Proposed:_~_1_ Combined F/R: Existing: 4 8 Required: 30 Proposed. 4,5._ Side Setback: Existing: 5- Required: 5- Proposed: 57 Side Setback: Existing: 19Â·. Required: 5- Proposed: \ O Combined Sides: Existing: 17 Required: 1 5 Proposed: \5- Existing non-conformities or encroachments: -0- Variations requested: 12.<St.DERT/,4.-l_ fi-32&16{4 527**=/23*-(L,C> 16.4- to. 0 4-0 /ch/1 3 (~AD,42- 04 17-fEK.Al--- * 1 i.3, 300~-1 LYNNIE TOLK AD lu,kev* 04 V'Acu4 toN-OUU Â£1* Fc Z - 015 a,a bov Ait) A SM,feret 4>-61(a VCU~AU.t '~fe ~cl +D l~ Wt\ Pgu.ta. 4. *CUL-1 â‚¬a.*en, 55 Shau- 41,4 St-L 60-241 06 +ke/1 00/1 (,w , uftÂ·kA 0,UL hauu 4 la,-*lut,tn uS. 1)1,Â£ 40 k.uu~ 4Â¥0*C Uk 41Aa* AUAH , 4 \ 6 v*luju~r but Ck (84 GLK- I Fâ‚¬C~.UQAUU,U-, 'tik h"4 1 1 V,up O % bu d# 60 01510, GU:*A- , +ka- ol.2.6/uu~ *'UCU, FodAl"U 'P CiA.TAAAd i, .v,#p\O 9U P *ACUX5 4~ 4.64' DRouvq V.U.46, a.ul #A/LL -f ID,r Â¢ â‚¬Ai u:t Â·poil&(A* fon *,NA#LU. SkAA.~ LI'*P - y\04 40 r~Q.AA*imu 4.6,4 dAiQH ololi KRAW â‚¬ CU EX 4% UOU 4*.a -li, Of 41(0 OA.0 a. iA a- YA~~CAYMNLL 1-kad, CLU.U~ ~5 " stuk - Maud h Â¢ C,U,L AD+ <poÂ¥*i WÂ« AD\* C~u~ r~ou +ro+NO -rka.4 fix fn 'd'u r UM Â·*Uwsh' eM- S num.25, 1*U -190Â¢14 117 North Sixth Street â€¢ Aspen, Colorado 81611 Phone (970) 925-8756 Fax (970) 925-8308 MARK M. PEARSON 702 WEST MAIN STREET ASPEN, CO 81611 970-544-1082 mpearson@mesabank.com April 19, 2004 City of Aspen Planning and Zoning To whom it may concern, RE: Paula and Barney Eaton Variance Request I live at 702 West Main Street in Aspen and on the same block as the Eatons. We share the alley that seems to belong to the Hickory House. This alley is a very busy alley with large delivery and garbage truck traffic that restricts access for a large portion of the day. It is also a very busy alley with regards to normal restaurant traffic of a 100-seat restaurant. On many days the patrons of the restaurant, for breakfast, lunch and dinner, park in a manner that blocks and greatly restricts the normal use of our alley and streets. It is very difficult to us the alley as an access to parking for homes of for that manner access the rear of any residential lots on that alley. I would strongly support the variance request of the Eatons' to access their garage from Bleeker Street. If you have any questions, do not hesitate to give me a call at 970 544-1082. Thank you, Â»4- Mark M. Pearson RETAIN FOR PERMANENT RECORD LA /\(2 /04 To: Planning and Zoning Commission Aspen, Colorace April 14, 2004 Dear Commission Members, As the neighbor directly to the west of the Eatons, I am very familiar with the problems associated with the alley behind our houses. It is frequently clogged with parked cars especially in the mornings and evenings when the restaurant is busy. This has been going on a long time despite complaints to the city. Delivery trucks seem to be there on a regular basis and cause lots of noise and congestion. Food waste and grease make for unsanitary conditions and attract bears and other animals. Due to these conditions, I hope you will grant the variance to allow Paula and Barney to put their garage Bleeker Street. Thank you 4.kâ„¢-Â·gN~\FOÂ»J\Eurb C\19 s,-3 4 1 Ann Marcus RETAIN FOR PERMANENT RECORO