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HomeMy WebLinkAboutminutes.boa.20060803 I ASPEN BOARD OF ADJUSTMENT - MINUTES - AUGUST 03. 2006 Rick Head opened the regular Board of Adjustment meeting at 4:05 pm in the Council Chambers. Charles Paterson, Mark Hesselschwerdt, Peter McClain, Jag Pagnucco, Elizabeth Atkins and Rick Head were present. (Liz will serve as an alternate at this meeting). Staff present were David Hoefer, Assistant City Attorney; Sara Adams, Community Development; Jackie Lothian, Deputy City Clerk. PUBLIC HEARING: Case #003-06 Theodore and Isabella Dalenson - 637 West North Street Rick Head opened the hearing for Case #003-06 Theodore and Isabella Dalenson for an eighteen inch rear yard setback variance for existing new construction. Jody Edwards, attorney for the applicant, explained that Scott Lindenau designed a nice home for this property and the house was built where the surveyor told them to build it; after it was finished they called the surveyor for a condominium map who told them that he couldn't get to it for 2 or 3 months. Edwards said that they called another surveyor who told them that the building was built about 12 or 13 inches into the 5 foot setback on the alley. Edwards stated that he did not know which surveyor was correct and they were closing on the property; both units have now been sold; everybody thought this was a minor and non-issue. Scott Lindenau utilized photos and drawings depicting the neighborhood alley at 25 feet, 15 feet, 18 feet and 21 feet; their alley was substantially larger than others. Lindenau presented the letter from Amy Margerum, who lived directly behind this property and supported the variance; the letter was read into the record by Charles Paterson. Charles Paterson asked the names of the surveyors. Lindenau replied they were River City Surveys in Glenwood and Sopris Engineers, who did the condo maps. Rick Head recalled a case from 20 years ago when the Board required the applicant to move the project back the 18 inches. Sara Adams stated that staff found the criteria had not been met; self induced hardship was not one of the criteria allowed for in a variance and furthermore what was approved should be built. Adams said the minimum variance was not requested but 18 inches rather than the 14 or 15 inches they were in violation of. Head asked how would the need be verified. Adams replied that it would need to be surveyed. Lindenau explained that there were 3 other issues with the city engineer that were changed, which were the utility box in the alley moved 11 inches onto their 1 ASPEN BOARD OF ADJUSTMENT - MINUTES - AUGUST 03. 2006 property; a conifer tree that was in the alley setback was removed; and there was a concrete wall in the front that was removed. Lindenau said this variance was the only thing that was not done. Head said that he appreciated what they had done but was troubled by the fact that they did not know how far in violation they were. Peter McClain said that one surveyor said the building was fine and the other said that it was 13 or 14 inches over, it needs a third survey. Head said that there was clear recourse over the surveyors if the building had to be removed. Head suggested tabling so the applicant could come back with an absolute where they were in violation. Liz Atkins asked the architect ifhe designed both sites. Atkins said they were practically a mirror image, why weren't they done just the same and the other one was not in violation. Lindenau said they were similar and the one that was in violation goes underground. Mark Hesselschwerdt asked how deep the garage was. Lindenau replied 10 feet by 19 feet 6 inches. Jag Pagnucco said that he was searching for the truth and asked whose hardship this was. Pagnucco said that before he can make a decision he needed to know who was right. Edwards responded that the problem was that a lot of the lines were based on maps that were produced in the late l800s in the original townsite maps and with different surveyors over the years used different reference points; because of those discrepancies it ends up being 12 inches on property lines. Paterson said that some surveyors used a mark on a big rock and by the time the lines got to the West End it could be 12 inches off. Paterson said that Amy Margerum's letter stated the utility pole was out in the alley. Paterson said that the Board should hear the case and satisfy the applicant one way or the other because the real problem was the city of Aspen and 1885 survey. Paterson stated that he was in favor of granting the variance. McClain agreed with Charlie. Atkins said that the board was making assumptions about an easement or utility pole. Atkins stated the building looked pretty obvious and asked if it was built as approved. Adams replied that it was not built as approved. Lindenau said that they built it in accordance with the surveyed plans and did not think that they needed a variance. Hesselschwerdt agreed with Charlie and because it was a setback consideration and not a property line consideration, which seemed like a legitimate mistake. Head shared the feelings of the board and a legitimate mistake makes this a practical difficulty. McClain suggested the variance be granted on what exactly they were over as it sits today. Edwards said the condominium map has been recorded. Hesselschwerdt said the variance was only for this specific building. Edwards said that if the building burned down then it would be replaced back 14 inches. 2 ---_.._~ ASPEN BOARD OF ADJUSTMENT - MINUTES - AUGUST 03. 2006 MOTION: Charles Paterson moved to approve Resolution #003-06 series of 2006, approving a rear yard setback variance of approximately 14 inches as set forth in the recorded Condominium Map in Book 76 Page 71 Reception # 518384 located at 637 West North finding that review criteria have been met and this variance only applies to this building; shall the building be removed so shall the variance. Seconded by Mark Hesselschwerdt. All infavor, APPROVED. Meeting adjourned. l'l '/-J:~/ / ackie Lothian, Deputy City Clerk ( 3