HomeMy WebLinkAboutcoa.lu.ex.LotsO&P,Blk24.19791qn°\- Ei� -13
FROST
(Lots N, 0, P, Block 24)
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MEMORANDUM
TO: Aspen City Council
FROM: Planning Office, Richard Grice
RE: Frost - Subdivision Exemption
DATE: 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 0-Office with aminimum lot area per dwelling
unit of 6000 square feet. The residence located on Lot N encroaches into Lot
0 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
follows: "The approval of this exemption seems to create a non -conforming lot
in Lot N together with the encroachment of the house situated thereon into a
portion of Lot 0. 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 0. 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 of 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 Ci Enginee Iprepares a
written legal opinion statement which supports their rec endion.
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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 0-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 0. 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 meetin6 on Tuesday
to discuss his opinion with you.
\ The application was also reviewed by City Engineering which has previously
commented as follows, "After reviewing this revised application for subdivision
exemption, the Engineering Department recommends granting of the exemption
subject to the grant of an easement for the encroachment 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
QUIT CLAIM DEED' Cl
Tl1I!t I)1:1:D Made thin ............... .. ... ..... ........... .............. day or ................................. .................. in the• year of our Lord
one thunsa nd nine hundred and C`oeVentv-e.ight_............. he•twee•n the NIAYOIL OF TiIH CITY +OF ASPEN.
Stacy .Standley III. and the CITY OF ASPEN. at•ting by and through its Jlavnr, St_QY..Randley III
or the Cutntty of Pllkln, State of ('olorado, „f the first part, and
MOM J. FROST
of the County of ..... _ Plt•kin.............. tit:ue of . Cp1org4P
,.f the sve and part, WITNESSETH:
NC'il1-:111 AS, on the "nd day of June, A. D. ISsi. J. 'W. Duane, County Judge of ritkin (`,,Italy, ;late of e'oloraff
,,madT e otrnsile Cash Entry No. G•li, in the• 1'nitvd States Land Offive at Leadville, C•'olor:ado, for the Townsit.• of Aspct:.
.situate in said f'ounly and ;late, in It fur the orenpants ,.f said Tosrnsite at -cording to their rospe,•tive intor,•si.•:
under the prorisiens of Ih,• Art of Ganges-- r.n alas _nd d I r,C March, A. U. 18ti 7. entitled "An A• t for the itslief u[
the inhabitants t f Pitts- unit Towns, up,.n the 1'of Is- L;I Ids"
1%1%711:I4F::\�, ••tl if,. ::rd day tot Jfarch. '•ne thousand elglat hundred and ete:hty-five, patent slid issue fitr said Toen-
site to said J- W. I,,•;un• In trust as ufnr,.=aid, him -nvice--ors and assigns. d,•s, rihenR the land within said T„eensite in
,u•rordaiw,• with a snrrcy thereof made by 13. Clark 'Wheeler :laid appr vcd by the 11. S. Surveyor (tensest if I'olorud •,
..it the Yl(it dity ••f April. A. O. 1R*,e,
N'lltall:t;�, -:tiff fonts tit has be,•n revoked and van••elled by consent of the corporate authorities of maid Toten of
Aspen. hccaItvc of ih•• r.,,•I that said survey tnnde by ld. Clark Wheeler as of ,resald, by realism of errors therein, failed
its eorreetly' •l•' - rile. =:aid Ttisvnsite•,
W ill -ME.\'. ••n ill., _1901 day of January. A. D. 1897, a patent did issue fur said Townsiu• to tit., \layer oC the lit c..r-
p,n1at'•d Tostn ,.r .\shoo and to his suns,, -ors ain't ;ts:signs In trust fur tit .. ...•cupants of said Tosvu.<itc in ac....rdanco
kith th.•Ir• resp.•• tire inter'•srs, and said pat.•nt having been ismned in e!.nfnrniity with the Acts e,r cistigress for such
,-ages made ;ail provid,A,
Stacy — ...... I
............ MAYOR ON Till-: PITY OP ASIII:.N. is sm-t-vssr•r it, orri••es
Is
the �laycr of the incnrp,n:etrd T,,evn of Aspen. and ishcreas the City of Axpert is surccssur :n Interest to the imc r-
p,,rated Ti.\cn ,.f Aspen, sufrlci,•nt to ,•stablish then• ril:hl
��-Ili:fit::�v. tlu• seton4 (,art...... htt a.S. shmltU•d po,,a,,rP , the Jl:tyo:\ r of sgen.
to ,alies(] of C••nvey:lai•v fr•,tu tie Mayor of Asuvn if, the lots....... or t ;art, l ........... of land descril,od Leine. granting
ant,, the second 1•:irty said land fur the purleost• of eieariat; the title thereto.
Neltt.•. 'I'llEIIE (E.- the said first parties. Is r and in c,,nsideratlon of the sum of ON1. 1)(11A.Al: to the first
parties In hand I•aid by the said second party.. the receipt ,vh••rcof is hereby confessed and url:n••ic1, dged, has r,--
u:ised, rel••atr,rd, sold, r.,nv,.ve,I and-L,171n. d. aaq he Huss'. pi"-s'•nts dnth renifse, release. sell, e„n\-, c :and ,twit -claim
In the• said s',•ond party E ....h.L. heirs and assigns for,•v,•r, all the right, title, interest, rlaini :ind dent.tud svhi,•tt
the said first partb•s hare• In and to the foliuwing d'scribed parcel of land situate, lying and being in the County of
I'itkia and State of Culorado, to -wit:
Lots O and P, ''Lock 24
City and Townsite of Aspen
TO 11A1'R AND TO 1101.1) the sumo. together with :all and singular, the appurtenann.'es and p*icilf-ges thoroant
b••lonfiing, or in anye•isc thereinto appertaining, and all the estate, right, title, interest an,l c• Hint whats(wvrr, of the
first parties, either in law (or equity, to the only proper use, benefit and beh,mf tot the said part ... y_ of the sf:ccvnd
p:u't, ..,....her.- .... heirs and assigns forever.
I% 'WITNESS Will;111:01', the said Nlayor• has horounto set his hand and seal and the City of Aspen has , ms.d
its mate to be hercant" affixed, attt••sted I,v its Clerk. the day land• ye:nr :aln,ve flrst written.
.............. ............f... ................ __... iSEAL)
\layer of Aspen
Stacy Standley III
CITY OF ASI'i•:N
ATTEST:
Kathryn S.
Clerk Stacy Standley III
:och
SI'ATE Of, COI.OitAliO )
ss,
cOUNTY OF i'ITIi1N )
'rhe fot. going instrument was aMnu,tvledged before tile this _........ _... ..... . day of ... _ _. _.._ 1978 11j
l,y ...... Stacy Standley III.. _. Mayor of A -lien. L
\CITNESK my hand and official seal.
My commission expires ... _..
_...__.........__ ...............................
Notary Public
STATE OF COLOI;ADO )
C017NTY OF PITKIN )
1. ....... .... _........ ............... .I...... a Notary Public 1n :and fur said I'itkin Co inty. in the
State aforesaid, do hereby certify that .Stacy, St4naey,,III Ka1rc thryn S. ah
_..... I........ a1el ._...._._ .__,. ...
who are personally known In me to he this same persons whose names are suhw tib.•4 In Ills for. -going
hf•cd as hatinfi executed the same r,•.,p. rtie,•ly as Mayor and Clerk of the City of Aspen. a munivip:al ' orlsutation. and
are km,wri to lne to be such officers r,,a o. tir,•ly appeared b.•foro me this flay in perw,n, and severally ea. kn tetvloff, ,•d;
that the seal :afflx,-d to the foregoing insirunienp t is the c,,rurate seal of said carporatlun; that'sald sal am t1wre-
untu affixed by the authority of the Pity Council for the City of .\=pert: that said lnstraunont swam by like authority
mubsvribcd with its corporate name: that the said Stacy Standley III ..... Is the Mayor and the
mild sn S. \OCh ........... Is the Clerk of the City ist Aspen: that by the authority of said ('fly
............. ...... S ....-....................................
they respectively subsrribt d their names theretis as Mayor and Clerk, and that they signs.(], sealed and dellvercd the
said instrument of writing its their free and voluntary act and dread, and am the free and voluntary act land deed of
the said City for the uses and purpuses therein set forth,
(liven under my hand and notarial seal, this ....... .........day of................................................................................. 19.
My commission expires ..... ...
_................... ...... ......... . _ ...._ .
NOTARY 1'11111.IC
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Frost Subdivision Exemption
DATE: 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 0-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 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 follows:
"The 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 0. 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.
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CITY OF ASPEN
130 south galena street
aspen, coloro 81611
MEMORANDUM
DATE: January 2, 1979
TO: Richard Grice
FROM: ton 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 0. 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
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M E M O R A N D U M
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 0.
jk
cc: Albie Kern
MEMO
TO: KAREN SMITH
PLANNING
FROM: DAVE ELLIS
ENGINEERINGL�
DATE: December 15, 1977
RE: Subdivision Exemption Request -
Lots N,O, & 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. Thus 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 until an adequate improvement
survey is submitted together with appropriate remedies for
the encroachment.
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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.
ALBERT KERN
ATTORNEY AND COUNSELOR AT LAW
P. O. BOX 389
430 E. HYMAN STREET
ASPEN. COLORADO 81611
TELEPHONE (303) 925-741 1
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
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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
Al ert Ker
AK/sss
Enclosures (3)
cc: Ronald Stock, City Attorney
Dave Ellis, City Etigii�eer
Mona Frost
Eva Robison
Frank Earle Jenkinson
Lucille Price
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RECORD OF PROCEEDINGS 100 Leaves
Fa.. y C... "W V f L .. ,.. L. C J _
Regular mooting Asoen Boardof Aci lustmenFebruary 1, _
The Aspen Hoard of Adjustment held a regular meeting on February 1, 1979, at
4:00 PM in the City Council Chambers. Members present were Remo Lavagnino,
Charles Paterson, Josephine Mann, Gil Colestock and Francis Whitaker. Also
present was Building Inspector Clayton Meyring.
Approval of Minutes Paterson moved to approve the minutes of October 5,
October 19, November 2 and November 30, Mann seconded.
All in favor, notion approved.
Case No. 77-30, Albie Rern, representing the applicant, noted that this
Eva Robison variance was granted in November of 1977. This involves
Lots N, O, and P, Bloch: 24, Asnen. When Eva Jenkinson
died in 1964, she left this property to ,_,va laobison,
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 was that the two house_
meet the setback requirements which a survey showed was
not possible. Mrs. Robison then entered into a contract
of sale for Lots O and P. A subdivision exemption was
then necessary. The P&Z tabled the case until the set-
back question is resolved. Kern 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 purchaser of Lots O
and P have agreed to grant an easement 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 N and 10 feet inside Lot 0.
Whitaker felt these agreements should be in writing.
Kern agreed with this. IIe 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.
Case No. 79-1, Lavagnino read the application. Application is made for
Donald Fleisher 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.
Andrew Dracopoli, 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
'store. To -comply 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. Ile noted that experience has shown these ex-
cessive areas have been used for parking which hinders
the function.
Lavagnino noted that this is not a unique problr,�n. Ile
also noted that the HPC reviewed a drawing showing this
smaller access area. lie also noted that they must demon-
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10M •. C. V. M fCK(L ►. M. . k. Ce.
Special meetinc
RECORD OF PROCEEDINGS
Aspen Board of Adjustment
100 Leaves
February 6, 1979
The aspen Board of Adjustment held a special meeting on February 6,•197�, at
4:00 PM in the City Iiall Atrium. Members present were Remo Lavagnino, Gil
Colestock, Josephine Mann, Francis Whitaker and Charles Paterson. Also present
was City Attorney Ronald Stock.
Case No. 77-30, Lavagnino noted that this case was tabled from February
Eva Robison 1, 1979. The applicant submitted an easement for the
encroachment of the house on Lot 13 into Lot O.
Lavagnino asked Stock if the document met all the legal
requirements. Stock said yes. Iie noted that this
variance is to correct an illegal act. The applicant,
after obtaining the original variance, thought thel•
complied with all the requirements and conveyed this
lot to -the applicant which then required a subdivision
exemption. The board asked Stock to -prepare a resolu-
tion.
As Stock prepared the resolution, Lavagnino read a
letter from the Board of Adjustment 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 ;r`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 O-Office district and,
Whereas, a variance was granted on Llovember.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, O, 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 E
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
easement for the benefit of the owner of Lot 14, 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 Lot 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 O,
Block 24, City of Aspen townsite which agreement is
included in a deed attached hereto and made a part hereof
by reference, I
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Special Meeting Aspen Hoard of Adjustment February 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 41, 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 Municipal 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. Meeting adjourned
at 4:50 PM.
SheryV immen, Deputy City Clerk..
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Regular Meeting Aspen Board of Adjustment November 17, 1977
Case No. 77-30 Lavagnino read the application. Application is made for a variance to
Eva Robison permit an existing one family dwelling by changing the legal descrip-
tion to be located on a lot that has 3,000 square 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 tier 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.
Meyring 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 Aieyring but that
Meyring need not do it himself. Smith suggested that they grant the
variance conditional upon a survey that shows all setback requirements
are met.
Lavagnino asked for comments from the public.
Mike Hunter 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..
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.
Lavagnino closed the public portion of the meeting.
The Board members had a brief meeting to word this variance.
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 ✓✓✓
indicate both houses meet all setback requirements when the requested
subdivision is accomplished because of the practical difficulties
caused by the need to assign the greater land area to the larger house
and since this will not adversely affect the general purpose of the GCP,
Paterson seconded. All in favor, motion approved.
Case No. 77-31 Lavagnino read the application. Application is made for a variance to
Larry Carter use an above ground propane tank until the second week of January, 1978.
All fuel storage tanks shall be completely buried beneath the surface
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. Colestock asked if this
was the only thing keeping them from moving in. Carter said yes.
Lavagnino asked for comments from the public.• There were none.
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kunnn rrnirc
REBAR W/ PLAS. CAP REBAR WI PLAS.CAP
L.S. 9184 L.S. 9184
M A i N
S T.
5 10 20 30 40 5 T.
SCALE: I° = 10'
BASIS OF BEARING: FOUND CITY MONUMENTS SE CORNER OF
BLOCK 24 TO THE SW CORNER OF BLOCK 24 (1\175'09' 1 I°W)
SURVEYOR'S CERTIFICATE
-
I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS
A SURVEY MADE UNDER MY SUPERVISION ON AUGUST 31,1978,
OF LOTS 0 & P, BLOCK 24, CITY OF ASPEN, COLORADO. THE
ONE STORY FRAME HOUSE WAS FOUND TO BE LOCATED ENTIRELY
WITHIN THE BOUNDARY LINES OF THE ABOVE DESCRIBED PROPERTY.
THE LOCATION AND DIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS,
EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR KNOWN TO ME AND
ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY
SHOWN.
ALPINE SURVEYS by �JES F R S R
SEPTEMBER 18 1978 9184
is 1~. k. ..
9184
sp. ��
�•
Inv
OF 0�V
ALPINE SURVEYS
Box 1730
Aspen,Colorado 81611
303.925.2688
SURVEYED: 31 AUGUST 1978 PB
DRAFTED: 15 SEPTEMBER 1978 DMI
REVISIONS:
TITLE: IMPROVEMENT SURVEY
LOTS 0 & P
BLOCK 24
CITY OF ASPEN, COLORADO
JOB NO.: A-78-183
CLIENT: MASON &
MORSE
SHEET NO.: I of I