Loading...
HomeMy WebLinkAboutcoa.lu.ex.LotsO&P,Blk24.1979 "'" ....,..". MEMORANDUM TO: FROM: RE: DATE: Aspen City Council Planning Office, Richard Grice Frost - Subdivision Exemption March 8, 1979 The attached letter of application requests subdivision exemption for the purpose of separating Lot N from Lots 0 and P, Block 24, Aspen, Colorado. The three lots contain two single family residences one on Lot N and the other on Lots 0 and P. These lots are zoned O-Office with a rri nimum lot area per dwell i ng unit of 6000 square feet. The residence located on Lot N encroaches into Lot o by approximately 1 foot. It would appear that the exemption would result in a creation of a non- conforming lot. It was with this in mind that the referral was made to Ron Stock. Ron recommends approval of the subdivision exemption. With regard to the creation of a non-conforming lot and the encroachment, Ron comments as foll ows: "The approval of thi s exempti on seems to create a non-conformi ng lot in Lot N together with the encroachment of the house situated thereon into a portion of Lot O. However, this is an existing situation and subdivision will not create a non-conformity if the Board of Adjustment removes the condition placed on the previous variance." The condition Ron was referring to was that both houses meet set backs. The Board of Adjustment has recon- sidered the variance from the minimum lot size requirements and granted a new variance in view of the fact that the applicant has agreed to grant a perpetual easement for the benefit of the owner of Lot N which guarantees that no structure will be erected, constructed or maintained within 11 feet of the westerly line of Lot O. This action was taken in two meetings, one held February 1, 1979 and the other February 6, 1979. Copies of the minutes of these meetings are attached for your review. The application was also referred to City Engineering with comments as follows: "After reviewing this revised application for subdivision exemption, the Engineering Department feels that the concerns stated in our December 15, 1978 memo have been adequately addressed. Consequently we recommend granting of the exemption subject to the grant of the easement pf the encroachment on Lot 0." Since the easement requested by City Engineering has already been granted by the applicant and recorded, the Planning Office recommends you approve this subdivision exemption without condition. This application was reviewed by the Aspen Planning and Zoning Commission at their regular meeting on February 21, 1979. At at time they recommended you approve the subdivision exemption provided the C1 Enginee prepares a written legal opinion statement which supports their rec end ion. ,,..-'.," .......",. L.. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Planning Office, Richard Grice RE: Frost - Subdivision Exemption DATE: February 13, 1979 The attached letter of application requests subdivision exemption for the purpose of separating Lot N from Lots 0 and P, Block 24, Aspen, Colorado. The three lots contain two single family residences, one' on Lot N and the other on Lots 0 and P. These lots are zoned O-Office with a minimum lot area per dwelling unit is 6,000 square feet. The residence located on Lot N encroaches into Lot 0 by approximately one foot. You will recall that this item was tabled by this Commission at your regular meeting on January 16, 1979. At that time the Commission requested that the applicant go back to the Board of Adjustment to obtain a clean variance (Board of Adjustment had previously approved the'minimum lot size variance provided all improvements met the setbacks). In addition, there was some disagreement with the City Attorney's stated opinion that the action requested would not result in the creation of a non-conforming parcel. The Board of Adjustment has reconsidered the variance from the minimum lot size requirement and granted a new variance in view of the fact that the applicant has agreed to grant a perpetual easement for the benefit of the owner of Lot N which guarantees that no structure will be erected, constructed or maintained within 11 feet of the westerly line of Lot O. This action was taken in two meetings, one held February 1,1979 and the other February 6,1979. Copies of the minutes of these meetings are attached for your review. '. We understand that Ron Stock is still firmly of the opinion that your approval of this subdivision exemption does not create a non-conforming use. We further understand that Ron will be present at this meeting on Tuesday to discuss his opinion with you. \ The application was also reviewed by City Engineering which has previously "jV'cOll111ented as follows; "After reviewing this revised application for subdivision ~)~" exemption, the Engineering Department recommends granting of the exemption V subject to the grant of an easement for the enaroachment on Lot 0 by the Board of Adjustment". ' Since the easement requested by City Engineering has already been granted by the applicant and recorded, we recommend you approve this subdivision ,exemption without condition. '" ,\ -I '+~ ',:\ 0,',0" - -L,'u:k::tr ~ , .. ' v.l /Jv\' J:).JD UN, b ' ,._L-~ \ :--.-..:::'--~,;.,.--",.~~.._---:---._._-~'-".:o....--~- ". -'.' -,,-.. ~ .. """"".~"-'._~:~ . .--...;-._- ~~ --~.-..._--,,-_.... -- ~...T" , :~~-_.,.,'. .- --.. .. .b- QUIT CLAIM DEED \/\ \{ /' (I) i (~'V)) :\- Ii v""" THIS 111:1';1) 'I;ull' thi:'! oa.\' "r in th.. ;\-('ar of pur I./lrct I-lit' thOl1~'alill nine hundred a.nd ~~YeDty::",~.!gh.t_.. l,ptwl"-n the .:\1 A VOlt 0.... Till.: CITY Ol,~ A~l'I'~N, Stacy Standley III "' Hnd the CITY O}o' A:;l'l':=-:. a..tln/-:' 11)' and throu~h It:-l ~rayor. .SJ;e.GY~_~t;.anql~y III " "" tilt: CrJunt)' of Pitkin, ~tatc of ('"loraI1", ,,( thl' r1r'lt )):lrt, and M:NA J. FROSTJ?i,t)dn .anrl Stat(' r,( c::plo!:,<!<:'Iq ,,( lhl' C"unty lOr ,.t l],!' H""llld f)"rt, \\.IT....'.::-;SJo.:TH: "'III':III':.\!'i. r,n tll" :!n<! day (J( Jun('. A, n. l:O;SI. J. \\", Pt'anl'. County .J\ld~~ of Pltldll Cnunl;r. ~lat(> n( "'.]"":1(1". IlIadt. '1'''\\II:-;il'' l';n_h l';nll"\ ....". 1;47, in till' 1'lIltl.<I ':-:talr.:-; Land OHI"(';u Lr';lflvlllp. C..I"I'a<l". ((q' Ihl' Tl>wn"il" lOr ""111"11. ~hllatt' In :-;aid 1'''UIII~' an;1 ~!atp. in Irll:-;t ("r tll" ''''''I:II:lt\I~ <If ."ald To \\'nl< it l' lH'('''l"flill/..:' ;.. tlH'lr iI'~Ih"'Ii\'" iTlft'r..",,, IIlu]('r tht, pr"\"l,,j,.ns ,.r 111,' A,.t ,,( C"Il/..:'rpl<S ',n tIll' :':11,1 dlY '.f :\Iar,'h. .t. P. ISlii. cntLlh'd "An A,.t (or till' H,'lil'f "f lhl' Intl;lhilant:- I'l {'ili.,,, and Town". IIp,,n thl' l'ut>lit- Lanrb". '\'.111.:111,:.\.... "tI III. ::1'<1 Ii:(y o( .\1;11,,'11, ',Ill' tll"U:-;an<l t-lgbt hunclr,'" ;ll1,!,'i:.:-ht:...flvl'. flat..nt (lid i""uf' ("r "ai,\ T"\\fl- ."ill' to :-;aid .1. \'.. [I,'all!' in tr'll"'t 11:< a(ror,-."'aid, hi:-; "'\Il'I','."..."rs anll a",signs. rt,.....'l'ih1ng' th" land wilhin :-;ai,t 1'''wn.''it.. in ,.,"'''r<1an'',' \\'itll :1 :-;llr\'"y tlll'r.,,,( IIl;HII~ II)' ll. (']arl, \\'}H'ldl'r amI appro\.t'l1 by the l'. S, SUI'vl')""r lOl'lll'ral of ('"loll'ad,., "II 1111' :':Ilh c1a_\' "f ,.\pril. A. D, 1.~\Il, \"III':UI':'''. ...:Iirl 1';1]' lit has ]"','n il'YoJ;...(1 Hllll '-an".'l1,'d hy ,'on"'l'nt (,f tIlt. "urpol';lte :l\ltl1ul'ili,'s of !<aid T,.wn ..( Al'IWn, ]""'all~" ,.f tll.. la"I llw.! ",aill !<IlI'Yt'Y IIlHth, h\' H, ('lark \\"ht'ch-t ,1:-; afuI'l'said. Ir)' rt'aS"ll of t'I'!"'!'s ttH'I'I.in, failed ," "f'IT,"'II\' ,t....',.l'il". .~aid ","\\"(1"jl,', "'II)'ail';\', 'Il tll,. ::~"h ,lay ,.f ,};II1Uary, A. n, ]8!i7. a p~ltl'l\t did iss,H' (ot' :-;aid T"wll",iu' '" t]l" .\Ia~'''r "f th,' ]n""r. l"'l',\I..c! ,."\\'n .,1' .\:-P"II :lnll t" his Sll"""~,:-;"r:-; Hnd ,1"".1:':-11" ill II"1Is1 ("t. Ill.. '''','np'lnt", of ",aid 1'''\\'II,-il\' in :1"'-"1"<1:111,'<' with tll,.i.. r,.s]t...til'(. jnl'.l'..:--t.... and ",aid IJal,'nt 11;\\'11\1--:" h,,"n i...:-;u(.(j, in ,",.'llf"l"tnity with th,' ,.\,.t... "I' ('''11;':"['..",." 1'''1' :-<11<"h "a~l'''' mad" :Ind PI',,\'j']",1 Sta("9\.7 Standl '-' ITI . > . '..... , . ,.' _ '.. "'III:IU':,\S. ... , ....'='!.L........._..., .... .~L.....~.... ___.___ '. "fA\OT, 0I' Till,. ( I r\ (lJ' A~I'I.:-';. IS "'11'''','''''''''' II] f,frp'" tu tht. :\I"y,'r ,,( Ill.. In<r'I'I"OJatul Town (J( A:-pell, alLd \\11'.'1"'01" tllt' City "r A~III'n j" :iU<T,'!"",,,r ;1] illl,'r,."t t" Ill,. in,"']'- p"rn.t..,1 1',,\\'n ,,( A~'I;,'n. \\. II I':UI':,\ 1.;. tllf' """011<1 l;;'I'LV... hn.S. ~lIhmlttl"<l pr(,,,f !" till.' )fay".r (,f .\~!lt'lI. :-;uffki"nt I., .""':lloli"Jl Ill,.il' l'i~;,~. 10.1 11\'1'.1 or {','f1\"~':'Il<';:' fr"11l lriE" :\IH~-r'r ..e J\"'"l'n tn the [",S________ !lr 1;11'(,1"\.......... ,,( land f},':-;fTII...rl )"'1'\\'. kralllll:.~ unt,. Ih" ,,!,{'I'III! \,:lrrV _ ."aid Ian,] ("I" I Ill' pllrpos., or <'I,':\I'illl; thi' tlt!(. th.'r,'t... '\H\\". 'I'III':UEI,'mu':. \)I!' "ai,] fir",' 1),1 t'l \!'''. (, I' ,Inl! ill ,".nl<i,kratj"n of t]l{' HI/ll of P~I': Pt)LL.\J: to t1lo' fir."t !l"rtif's iT: hand I'Hill t.~. 111.-, said "",'ond llartY.. Ihe ri_>r:dpt wh,'rl."e is h,.n'by ("'I.I(C!"."NJ flll,l a"l~ll,,\\:!,'dg,'d. b,a", 1','- Il:j",'(l, r"]";I~","1. ",,,hi. "'J,\\-(.\',"l an'l_".l.J.l,iI-rY'I,llll,'d. ,\(1<1 hy 111..",' .Ill't'!o'r'nrs tl"I.h r.'l11!S", I'~'h'a:-\'. ~1']1. .""n"'~ ,111,1 '1Ult-..I;l.l,n t.. till' "aitl "'l"',nil l'arLY ..... ..b.er_ lWlr.'i nn~ assigns. forl-v,'r, all tll{' rl:.;-h~. lItIl'. lI~t,'rL'''t. ('I,Il~ll ar.lll d"Ill;\!ld \\"I\l,.l~ Iht, _",lid fir"'t p~lI.ti,'" han. In anll t" 111.: ('dlrJWIIlK d, ""TII,H'd I'i\n:e] vi laud. :<Itll:lt~, l;rlllg" an,l belng' tll Ill", C"lInty 01 l'indu tl.n.) ~t:II(> ,.f Cvl(.rado. to.wit: lDts 0 and P, 3lock 24 City and Ta-msite of Aspen TO 1I1\YF. A"J) '1'0 nOLD lh(; :-;a 11' ", t"g-,.th"l" with all an,] ",ingn!;ll'. thr> ap]lllrtcnal\t'I'" ann, p"il'ilr-~t'" tl"'I"(','1I1'" h.'long-in;;. (JI" in all....,\.ln' tilL'n'unto apP"J"lllinjn~', ann all the l'~t;lt(', ri!--:'Iot, title. int('rc~1 :\n,\ r' :lilll \\"hat"",.\'tT. t>l llit' first }lfll'tI.,s, f'itlwl' ill law or t"!uity. tll tlle (.n])- pr',!hT 11:-;('. benefit and heh,,"( oC Ule "aid ].art.__Y he.r of the s{,('"nd part, lH-jr,.; and a"",ign,.; f"l"f~\,(-l'. ;'\ \\'JT'\!-:~!'i "'HEIIEOi'. the >",lill _\1;1......1" h,,~; 1"'I'O\,l1t,. ...pt hi" hallll ~~Jl,l f<;'aJ and th'-, ('it\' ,,( ASl>,~1l ha" ',Ill>'" d it", !liUlh' to b,- hC;>I"'.I~ll" ;l/fixul, an'-.>;t,,,] llY it.'i ('11-1'],. Un' (lay and' Yl,nr a:'''\"L' fln;t \\Ti!\L'II.' ATTE:-T: ..... ... u':'I_;;;:'(~'I:' ~;{'A.f<l;~i-l' Stacy Standley III en.... UF' ASl'E:.:'>r ,:J:LAL) C-l~'~'k .:;.'-, Kathryn S. ::och :-;TATJ: OF ('OI,OI:..\II() Sta~y Standley III ('('I'~TY OF PirKIX ~". Th~ f'>I.going- ill:-/l'Ullifllt wa" a'-'!.;lI(O\\'!I'dg-l'd 1>efol"..' I!H' thi" day of ,}p(X 1978 hy Stacy Standley III :\Ia.\"or of .'\"Ih'n. 'YJT).'I';SS my hall,] :Illrl "ffkial :<I'al. :\1)-' <;ommi,.;...doll "''\llll"('~ N~;i';i~;:-'I'tlloli<o :-;TATC OF COLOI~"UO COL'~TY OF 1'IT.KI.:'>r ~w. 1. .. a .:\'otal')" Public in ,11111 ("I' "aill l'itkin Coun"', in th.. ~t:1t(' a("rl'sa!d, do ht'reby ('{'rU(y Ihat Stacy Standley,III alld IS..~~_.S. ,;(C?Chd. ..... ............------. \\'hn art' 11l'r~unal]Y ),nf>WTl tn nlt, t" 10" Ih,' sa Ill<' JIl'rS"ll~ wl,n:-;c nall)t'!-l arp SII!..",'!'il".,) tn th.' j.,r,'/-.:"-int-:' 11(',." ,I'" haying- j''\:''l"lIted thl' !";llll,~ r"."Ih-"'i\-"ly a:-; :\I;ty"r :111.1 {'lPrk ('f Ihl' Cit~' of Asp,'1\. II Illunkip,\! "il""'Lllio'll. nlHl .an' 1,11"\\'11 to llll' to ,,~, sllI'h (,ffl,'pl"s 1't',",Pl"~Ii\''''y :lpP,'ar",1 ""("iI' m~ this day in p..r~..n. a 1111 s"\"'I'all.\" a.-Jdl"\\!<'o!g"..d; that 110,' "t':lI arO:<I'(] tn till' r"r".L::oillg" ill"trUllH'llt is tll.. ""1"1'''1',\11' :-.t':I1 of said cnrJl"l'ati"n; that '!-'ahl I'\'ai waN lli"I'(,- unt" :lffixul hy the nullwrit)' of tht, I.'jt~' Coulldl (or th.' Cit). lOf .-\"I',-,n; that l:<aid Ju"'trulIll'nt was 1lJ.' Ill,,' aUlhority 1'luhs,'rlh"tl with il!-; ('''I'p"rntc lla.lnt'; th:1t the !'laid . ......$ta.~ __~:t9P-~~~Y.._~;I:.!... IF; the Mayor antI tht, snit) _..~~...~.."..___~~~b:h__"':"''''''''''_''' ....h. l!ol thl' ('I,'rle or tht' City or .A~lJ{'n: that by tllr> autllorlt)" or 1'laitl Clly lh,'~' rt'f<Jl('('t1v,.]y :-;uh'''''rlhtt) Iht'lr n;III\('I; thl'rl.to [1:< ::'-Iayor and Clt'l'k. anrl that t1l+'y :-;ig-II,',l. :<(.:tt,." ,tlu) d,.lh'''I"",1 tI". s;lld Iil,.;tr]IlI11'nt ,,( wriling- as tht'lr Crl'l! :Intl YnlUlltary n"t anti d"l'd, anti as the frt'e .alld \'oluntar\' al~t alltt d,'ell or thl' !<ald City for the u"".:< ..lid ll\U'I'U$l'$ t1il'rl'in I'd forth, . CH\'t'1\ und('r my hand antI Iwtarlal st'aI, this ,day (.( 19, My commi.ssltlll expires .. NOT'Kii,;' -i;-(rlil~li~" ""' r.'.... MEMORANDUM TO: FROM: RE: DATE: Aspen Planning and Zoning Commission Richard Grice, Planning Office Frost Subdivision Exemption January 11, 1979 The attached letter of application requests subdivision exemption for the purpose of separating lot N from lots 0 and P, Block 24, Aspen, Colorado. The three lots contain two single family residences, one on lot N and the other on lots 0 and P. These lots are zoned O-Office where the minimum lot area per dwelling unit is 6,000 square feet. The residence located on lot N encroaches into lot 0 by a foot or two. It would appear that the exemption would result in the creation of a non-conforming lot. It was with thi s in mind that the referral was made to Ron Stock. Ron recommends approval of the subdivision exemption. With regard to the creation of a non-conforming lot and the encroachment, Ron comments as follows: liThe approval of this exemption seems to create a non-conforming lot in lot N together with the encroachment of the house located thereon into a portion of lot O. However, this is an existing situation and subdivision will not create a non-conformity if the Board of Adjustment removes the condition placed on the previous variance." The application was also referred to City Engineering which comments as follows, "After reviewing this revised application for subdivision exemption, the Engineering Department feels that the concerns stated in our December 15, 1977, memo have been adequately addressed. Consequently, we recommend granting of the exemption subject to the grant of an easement for the encroachment on lot 0 by the Board of Adjustment." We recommend you approve this subdivision exemption subject to the grant of an easement for the encroachment on lot 0 and provided the Board of Adjustment removes the condition placed on their previous variance. ,"'..", CIT 130 s MEMORANDUM ~ATE: January 2, 1979 TO: Richard Grice FROM: non Stock RE: Frost Subdivision I recommend the approval of the Frost Subdivision exemption. The approval of this exemption seems to create a non-conforming lot in Lot N together with encroachment of the house located thereon into a portion of Lot O. However, this is an existing situation and subdivision will not create a non-conformity if the Board of Adjustment removes the condition placed on a previous variance. RWS:mc " M E M 0 RAN DUM TO: RICHARD GRICE PLANNING FROM: DAVE ELLIS ~ CITY ENGINEER~~ DATE: December 20, 1978 RE: Subdivison Exemption Request - Lots N, 0, & P, Block 24, Original Aspen Townsite After reviewing this revised application for subdivision exemption, the engineering department feels that the concerns stated in our December 15, 1977 memo have been adequately addressed. Consequently, we recommend granting of the exemption subject to the grant of an easement for the encroachment on Lot O. jk cc: Albie Kern MEMO TO: KAREN SMITH PLANNING FROM: DAVE ELLIS ~ ENGINEERING VZ-- DATE : December 15, 1977 RE: Subdivision Exemption Request - Lots N,0, & P, Block 24, O.A.T. The applicant has submitted an architectural site plan and a legal survey of the unimproved lot. Based upon the site plan and a field inspection the house occupying Lot N also encroaches into Lot 0 a foot or two. Thss the requested exemption (to convey Lot N separately) would create title problems for both subsequent owners. A normal require- ment for subdivision exemption review involving improved lands is a certified improvement survey. Because of the apparent problem the engineering department requests that the matter be tabled by P&Z unti I an adequate improvement survey is submitted together with appropriate remedies for the encroachment. jk MEMORANDUM TO: Dave Ellis, City Engineer Ron Stock, City Attorney FROM: Richard Grice, Planning Office RE: Frost Subdivision DATE: December 19, 1978 The attached application and plat request exemption from Subdivison. The item is tentatively scheduled for the City P and Z review on January 16. In order to make that date we must have your written comments returned to the Planning Office no later than January 5th. Thank you. I , ~ ALBERT KERN ATTORNEY AND COUNSELOR AT LAW P. O. BOX 389 430 E. HYMAN STREET ASPEN, COLORADO 8161 1 TELEPHONE (3031 925-7411 December 14, 1978 Hand Delivered City of Aspen Planning Department 130 South Galena Street Aspen, Colorado 81611 Attention: Mr. Richard Grice Re: Subdivision Exemption - Lots N, 0 and P, Block 24, City and Townsite of Aspen Dear Richard: In accordance with your suggestion at our meeting with Ron Stock yesterday, I am submitting three (3) copies of the certified improvement survey prepared by Alpine Surveys covering Lots 0 and P and a portion of Lot N, Block 24, Aspen, Colorado, which had been requested by Dave Ellis in his memo to Karen Smith, dated December 15, 1977. In a phone conver- sation with Dave Ellis yesterday, I explained to him what the improvement survey contained and he indicated that it would not be necessary to have an additional improvement survey showing all of Lot N, since this subdivision exemption request will not be changing the lot lines. Also, he indicated that no subdivision exemption plat would be required for the same reason. The following is the background pertaining to this situa- tion. Eva Jenkinson was the owner of Lots N, 0 and P. She died in 1964 and her surviving heirs are: Mona Frost, Eva Robison, Frank Earle Jenkinson and Lucille Price. The one-story frame house on Lot P has been located there for over fifty years and a house was moved on Lot N in 1970, or thereabouts, after issuance of a building permit, by Eva Robison who still resides in the house. The other heirs had agreed to convey Lot N to Mrs. Robison and, in fact, mistakenly deeded her Lot N in June of 1978, believing that the variance obtained on November 17, 1977 allowed them to make such conveyance. I might point out that the variance granted by the Board of Adjustment was condi- tional upon the house meeting the setback requirements which all parties believed to be the fact at the time. The parties entered ,. " ,,\-~' Iii I ,_-, f,*'.r" .\ ~':>\ \ \ D . {',~",l.., Mr. Richard Grice City of Aspen Planning Dept. December 14, 1978 Page Two into a contract of sale for Lots 0 and P in August of 1978, and when the proposed purchaser had the enclosed improvement survey made, the encroachment on Lot 0 was ascertained. I have discussed this matter with the purchaser's attorney and it has been agreed that the conveyance of Lots 0 and P will reserve a permanent easement for the benefit of Mrs. Robison covering the encroachment (.27 to 1.0 feet), which easement will terminate in the event the house is moved or destroyed. It is anticipated that the parties will appear before the Board of Adjustment to request a non-conditional variance, since the hardship was not self-imposed, in that the variance and subdivision exemption will not affect the Growth Management Plan or general comprehensive plan adopted by the City. Accordingly, I am requesting that the division of Lot N from Lots 0 and P be exempted from subdivision requirements and that a hearing be set with the Planning and Zoning Commis- sion at the department's convenience. If you require further information, please contact me. Yours very trul , A~' AK/sss Enclosures (3) cc: Ronald Stock, City Attorney Dave Ellis, Cl ty Engllleer Mona Frost Eva Robison Frank Earle Jenkinson Lucille Price . ,,~, ,/n.. , , REC'ORD OF PROCEEDINGS 100 Leaves ,""'. c.'...nteul.....l.C.J. Regular Heetin Asoen Board of Aa ustment Fcbruar 1., 1.:, I:.J The Aspen Board of Adjustment held a regular meeting on February 1, 1~79, at 4:00 PM in the City Council Chambers. Members present were Remo Lav~gnino, Charles Paterson, Josephine ~lalln, Gil Colestock and Francis ~lhitaker. Also present was Building Inspector Clayton Meyring. Approval of Minutes Paterson moved to approve the minutes of October 5, October 19, November 2 and llovember 30, nann seconded. All in favor, motion approved. Case No. 77-30, Eva Robison Albie Kern, representing the applicant, noted that this variance was granted in NoveJber of 1977. This involves Lots N, 0, and P, Block 24, Aspen. When Bva Jenkinson died in 1964, she left this property to ~va Robison, Mona Frost, Frank Earl Jenkinson and Lucille Price. The heirs agreed to convey Lot N to Eva Robison who then applied for a variance from the minimum lot size require- ment. A condition of the variance \vas that the two houses meet the setback requirements which a survey shmved was not possible. Mrs. Robison then entered into a contract of sale for Lots 0 and P. A subdivision exemption was then necessary. The P&Z tabled the case until the set- - back question is resolved. Xern requested,that this condition be released. He noted that the house 'on Lot N encroaches approximately 1 foot onto Lot O. The house was moved onto Lot N in 1970. The ourchaser of Lots 0 and P have agreed to grant an easem~nt for the encroach- ment of the house into Lot N and have also agreed that there will be no improvements between the existing house on Lot Nand 10 feet inside Lot O. i Whitaker felt these agreements should be in writing. Kern agreed with this. He read a.letter to the attorney of the purchasers stating these agreements. , Whitaker moved that, due to the practical difficulties in the location of the houses and the amount of building lot space available for two houses, the Board table this case to February 6, 1979, pending submission of a copy of the deed showing a ten foot easement onto Lot 0 from the present building on Lot N, Colestock seconded. All in favor, motion approved. I , case No. 79~1, Donald Fleisher Lavagnino read the application. Application is made for a building permit to build an addition to an existing commercial building. The proposed addition will provide a trash access area thirty (30) feet long and ten (10) feet deep. The required trash access area for the pro- posed building would be sixty (60) feet long and ten (10) feet deep. ' ; ! i I i j . , Andrew oracopoli, representing the applicant, noted the expansion involved the demolition of the existing Magnifico Liquor building and then building an L-shaped building that will adjoin the back of the Siri & Peter's .tore. To.~omply with the trash access requirement would create an area of approximately 600 square feet which they feel excessive and would create an adverse visual impact. He noted that experience has shown these ex- cessive areas have been used for parking which hinders the function. i ! Lavagnino noted that this is not a unique proble:n. also noted that the HPe reviewed a drawing showing smaller access area. lie also noted that they must lIe this demon- k . " ~..:.~e--:~~~~__~_;...;,~. :-~'--~:'._ ~~.,~~~~,~::~~-=-;,":".~- - -:,...~.. ~ .--._- . .... . " ~ .;---.r:"- ~___ _ _ ~ \ , ,.", RECORD OF PROCEEDINGS 100 Leaves ..... C."...nfClltl....I l.Ca. Special l-leetin As en Board of Ad'u~t~ent Februar G, 1979 The Aspen Board of Adjustment held a special meeting on February 6,'1979, at 4:00 PH in the City Hall Atrium. Nembers pre~ent were Rer.to Lavagnino, Gil Colestock, Josephine Mann, Francis Whitaker and Charle5 Paterson. Also present was city Attorney Ronald Stock. Case No. 77-30, Eva Robison Lavagnino noted that this case was tabled from February 1, 1979. The applicant submitted an easement for the encroachment of the house on Lot H into Lot O. Lavagnino asked Stock if the 'document met all the legal requirements. Stock said yes. lie noted that this variance is to correct an illegal act. The applicant, after obtaining the original variance, thought they complied with all the requirements and conveyed this, lot to'the applicant which then required a subdivision exemption. The board as]:ed Stock to prepare a resolu- tion. As Stock prepared the resolution, Lavagnino read a letter from the Board of Adjusuaent to the Planning and Zoning commission recommending an amendment to Section 24-3.7(h) (4) concerning trash access area re- quirements. The Board recommended an area 10 feet by 20 feet minimum for one lot and 10 contiguous feet more for each additional lot. Stock read resolution ~l, 1979. Whereas, an application was made by Eva H. Robison on behalf of the Eva Jenkinson estate for a variance from the minimum lot area requirements for a single family dwelling located in the 0-9ffice district and, Whereas, a variance was granted on November ,17,1977, subject to the structures'meeting the setback require- ments of the code and, , Whereas, the applicant has submitted an improvement survey of Lots N, 0, and P, Original Aspen Townsite and, , Whereas, the improvement survey indicates the stuctures cannot meet the conditions of said variance and, .- ,.,Whereas, the applicant has requested that the Board of Adjustment modifies said conditions and, ~: ... Whereas, proper notice has issued and a hearing has been held and the Board of Adjustment finds a continuing set of circumstances which justify the issuance of a variance under the provisions of Section 2-21 of the code of the City of Aspen and, Whereas, the applicant has agreed to grant a perpetual ea'sement for the benefit of the owner of Lot U, Block 24, 'City and Townsite of Aspen upon which the house is presently located together with the right to enter upon Lot 0 for the purpose of maintenance and repair of said house and has agreed to restrict as long as the house presently located on Lo~ N encroaches that one foot onto Lot 0 that no structure be erected, constructed or main- tained within 11 feet of the westerly line of Lot 0, Block 24, City of Aspen townsite which agreement is included in a deed attached hereto and made a part hereof by reference, _._.'--...-::.,.._..._----:--.~--~- ...--".....:- -- .-...... ..:"...' -.'.' ~ .;..::,; -:~.- -- . ---- ~---:.-. - , _. C'" . ......- .' .. - -- "", -2- \ S ccial l1ectin As en Uoard of Ad'ust~ment Febru~r 6, 1979 Now, therefore, we, the Board of Adjustment hereby issues' a variance from the lot area requirements of a single family dwelling in the O-Office district from 6,000 to 3,000 square feet provided that said deed as attached hereto is signed and recorded as made a part hereof in the record. Whitaker moved to adopt Resolution ~l, 1979, Colestock seconded. All in favor, motion approved. Stock noted that if the house burns down, they will still have the variance but they will lose the exemption from the setback requirements. -; The Board then discussed a drafted Ordinance amending Section 2-22(c) of the Aspen Hunicipal Code providing for the posting of pUblic notice on the premises for which application has ,been made for a variance. Paterson felt they should require that the sign be posted on a sign in the front yard. If the applicant posts the sign on their door, it is in a "conspicuous place" but not necessarily noticeable by people passing by. Lavagnino felt this would create more problems than it would solve since each case is unique. The board asked the Building Department and the Clerk's Office to explain the wishes of the Board in posting. Lavagnino then asked the status of Gil colestock. Colestock has moved out of the city and must resign from the Board of Adjustment. Stock said he would be sending a letter to colestock requesting his resignation Lavagnino asked if one of the alternates would move into a member position. Stock said this would be up to the City Council. " Mann moved to adJourn the meeting, Paterson seconded. All in favor, motion approved. ~eeting adjourned at 4:50 PM. .;5I(p4.t.-1~ ~~.P~.J SherylQSimmen, Deputy City Clerk" r- - , :,1' " " -'. .-p' ,~ I ! ~- I 1'1 ~, e; '. "..""<.. :\ ~ ~ . - -. .' ~ ~ . ~. , r" , _F"'''., ReKular MeetinK Aspen Board of Adjustment November 17, 1977 Case No. 77-30 Eva Robison Lavagnino read the application. Application is made for a variance to permit an existing one family dwelling by changing the legal descrip- tion to be located on a lot that has 3,000 squm::e feet of area. The / minimum area for a one family dwelling is 6,000 square feet. Eva Robison explained that she wants to purchase the lot that her house is on. She is an heir of the Jenkinson property. She moved the house onto the property five years ago. The property is all owned by the same family. Keyring explained that his records show a different placement of the houses as they actually exist. Smith asked for an improvement survey. Robison did not have one. There was a confusion as to where each house sat; Robison clarified the problem. Lavagnino said the question is whether Lot 0 will go with Lot P or Lot N. Colestock asked if there was a written agreement with the family to do this rearranging. Robison's two sisters were present to confirm their verbal agreement. Robison said they rent the larger house which was their parent's. Paterson said it made more sense for the bigger house to have the bigger lot. Lavagnino asked if the two houses would meet setback requirements. Meyring said he did not know, he would need a survey. Paterson said a measurement from the Building Department would be sufficient for him since the survey stakes are still in the ground. Lavagnino said they would need a survey verified by Meyring but that Keyring need not do it himself. Smith suggested that they grant the va~iance conditional upon a survey that shows all setback requirements are met. j Lavagnino asked for comments from the public. Mike Hunter Michael Behrendt Behrendt asked the definition of a duplex and if this was a duplex in effect. Lavagnino said no, it must have a common wall. . . 1 f ; I Hunt asked if any of the houses were nonconforming. Lavagnino said according to the old Building Department records, both houses were conforming but when the house was moved it was moved on to one lot ./ when it needed two lots to do so. This created a nonconforming lot. Lavagnino closed the public portion of the meeting. The Board members had a brief meeting to word this variance. Case No. 77-31 Larry Carter Lavagnino reopened the public meeting. Smith moved to grant the requested variance conditional upon the ap- ~ ! plicants supplying an improvement survey of Lots N, 0, and P, that I indicate both houses meet all setback requirements when the requested fr subdivision is accomplished because of the practical 'difficulties t caused by the need to assign the greater land area to the larger house r and since this will not adversely affect the general purpose of the GCP, I~ Paterson seconded. All in favor, motion approved. Lavagnino read the application. Application is made for a variance to use an above ground propane tank until the second week of January, 1978. j All fuel storage tanks shall be completely buried beneath the surface I of the ground. Mrs. Larry Carter was present. Carter said this is a new house and they need the heat to finish the house and move in. The gas lines are in the house but cannot be hooked ~ up until January~ Lavagnino asked where the tank will be located, The - location is on the map submitted. Lavagnino said he felt it was a simple request. was the only thing keeping them from moving in. Colestock asked if this Carter said yes. Lavagnino asked for comments from the public. ' There were none. \ ) "