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HomeMy WebLinkAboutcoa.lu.ex.Frost, Lots N,O,P, Block 24 Recorded at 3:29 P.H. Mar 23, 79 Lorett a Banner Recorder ,eception Nc: ~12937 ..; _3ti5 I^LL289 SUBDIVISION EXEMPTION WHEREAS, EVA HELEN ROBISON, MONA J. FROST, FRANK EARLE JENKINSON and LUCILLE J. PRICE have applied for an exemption from the subdivision laws of the City of Aspen for the purpose of dividing Lot N from Lots 0 and P, Block 24, City of Aspen. AND WHEREAS, the City Council for the City of Aspen finds that the conditions required under Section 20-19(a) of the Aspen Municipal Code have been met and satisfied. NOW, THEREFORE, the City of Aspen hereby grants an exemption from the subdivision laws of the City for the separation and division of Lot N, Block 24, from Lots 0 and P, Block 24 of the City of Aspen. DONE this 12th day of March, 1979. CITY OF ~)N ~) / / /", ;;/'/.<:/:' C ~7_L Mayor";- . y , 'iA..pfE$[': r\' . ". " . -.' /'. ,C(, '-/&' '.;i!;,...~ ~.' '. ? "'.... . "~/' ~~ ". : . ,."Ci Clerk -/ , (-r, -..' ~ ' ~1.. Ol;,,\~)' ,." ,..,." .-' , .'t:. APPROVED AS TO FORM: ",- ( . '~~r ~.>~\"'C~_, "- City Attorney 4:;- w. MEMORANDUM TO: Aspen City Council FROH: Planning Office, Richard Grice RE: Frost - Subdivision Exemption DATE: Harch 8, 1979 The attached letter of application requests subdivision exemption for the purpose of separati ng 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-Offi ce wi th ami nimum lot area per dwell i ng urtit 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 fo llows: "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 wil.l 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 ~IaS 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 revi sed appl ication for subdivis ion 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 that time they recommended you approve the subdivision exemption provided the City Engineer prepares a written legal opinion statement which supports their recommendation. )-.--.;;.~-~.'~' -...... .--'~--: - "---',- ---~- --,.-..~> ~,"'~~ ._"'~. _. __~ - 0"0 ~''!.~~ ~--"-w_::: _'~____~_"'__'__.'''_ - .- f ,~'--.w;.'_.-: _ --~.~ --~- /,"'" ALBEHT KEHN Ano.."'I'l" AHO COUH.1!1.0N AT LAW P. O. BOX 30e 410 .. H~MAN STA(ET AS"I". eOLOAADO . I. t . Tl:U:"HONU UO:J1 .2..7411 December 14, 1978 Hand Delivered - City of Aspen~l ~ing Department 130 South Galen Street Aspen, Colora 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 m,gyen nn T.ot N in 1970, or thereabouts, after issuance at 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 ~aee ebtaiaed on lIlo"ember 17,_ 1977 allowed them to make such conveyance. I might point out that the variance granted by the BoaralOr-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 r~' ~__d1!'r'" =:1.Jj' ~ ".. ,;,;. ':~:':i: > ';.~. , "fr'-' . ,1,-1'";. . .~ , . "'ll- -- . ~..' .. ''"t"" . .: .l'x: .,~.;', ~~"'t;. ;.:!. ' i. . '1' . . r .' TF;!.;,;:....,.--H~, .,;"1 ,'H':... :,. '. .,' I . l '\ . . .:;.;~. . '~,; . ....;-"f;.t... ;~ .~?' ':':I;1f ...' 't . . \ . I' ; .1'1- . i ..~, i .. . t, . .~~-~.~. .. ',') , i ,.:1 \- , \ \ . -. '~-:'. (, - , '. I ,. II ,"'1 I .' I . ,r ',: r " \ " . " .,. \" T " _.,.,........J 'f j r . ,', , ... '. ", . '.~~lt~..~;,,:, ~.~ -=>': ..," ,~~.~.:...... ....,.;. ...-',..:.' -.' ..... ~ -. ..... ~. .~i " " ',:' .. .. ," ......... ... .-'. ,.... . , , , ~. '--" . ,:...__~.:_.,t,_--...... .."\- ~--,- -..~.....--_.... ~~~. . ---~ . .. ._ ~_'..:"-'.. _.." .__ ";;' U.. . -. )"~~...,~~~~..:: . -:-.._--=-:'==:"::,".;~~ ~ .~~~_.-~ , _. .l.. .... ~--_. ~=----~~ .. ..\'. r-', " -^". ~~ 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 thls 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 truly, Original Signe<l by ALBERT ~ERN Albert Kern Ak/sss Enclqsures (3) cc:vRonald Stock, City Attorney Dave Ellis, City Engineer Mona Frost Eva Robison '.Frank Earle Jenkinson Lucille Price ' '. ". .. ......, . ~ ;;..,... ," ... \~ . " 1~ 2: , : ~: ..' ...~!' . .~:~ .":;~T." r r',-: ... I. ~__"".":. -'~"1:....:-. "".-.r.. ':~,~" . ::~'~/ ' ,;d:( ....;~. ..... . . ~;:~. ",''''.If''"" "-"1'"r."r. f' ',: 'c' ....:.- _ Ltf ,.. .. (' I . ..j I' , .:V.' . , " l'- /- . !; :~ ~ .. '.~~~-::; i.. I . ,t ....~ ' . ,,~:~. : ", . --~ ' ~ i !; , ... .. .... .,. ... :;'" , '- ',--._~"--,, -..- " . I' ,,:,.jl, ' . " .~. . " .t .; f ' ',! -", " . \ ""..:1' ~ i . f " \:. " ..".. --: .....",..---.~ , ......, . .,~ t' . ." '.a . '. . ., I tl' . I I it .. '~~i'r~;'\~,~~'~~,~":'.:: .l.....:.~.::..,.... ...,/.",-. ..~.~ I'.. _. '-' .,- .\. ..' ", f.. ," ---- . . i/;""C.o '-.:..:'.;'..:: .~ ... .. "---',----.-- _...~. ,.~..;~.-~--:o:.-....-~.--.---~.------ . .:--~- .-,.:,..,- ---- '. .":"?If.J.<j;.. - -----,,---~--------- . '. ,_.. e. ,_..nrr"~ 1_. I ~_ (J " REC"ORD OF PROCEEDINGS 100 Leaves r'ehruar- .L. irn'r Regular l-Icct111 ,\::;Dcn Do'ard of J\U ~u::itmcnt The Aspen Board of ^djustment held a regular meeting on February 1, 1979, at 4: 00 PH in the City Council Chambers. Hembers present were Remo Lavilgnino, Charles Paterson, Joseohine ~!alln, Gil Colestock and Francis \'lhitaker. Also present was Building I~spector Clayton Heyring. Approval of Minutes Case No. 77-30, Eva Robison case No. 7!l~1, Donald Fleisher . . " . Paterson moved to approve the minutes of October 5, October 19. November 2 and llovember, 30, Hann seconded. All in favor, motion approved. Albie Kern, representing the applicant, noted that this variance was granted in Nov~)ber of 1977. This involves Lots N, 0, and P, Block 21" Aspen. \'ihen Eva Jenkinson died in 1964, she left this property to ~va ~obison, Mona Frost, Frank Earl J,enkinson and Lucille Price. The heirs agreed to convey Lot tl to Zva 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 shoHed 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 purchaser of Lots 0 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 Nand 10 feet inside Lot O. 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. 'Lavagnino read the application. Application is made for a building permit to buiid 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 ~tore. To.comply with the trash access requirement woule 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. r.avagnino noted that this is not a unique probV:.'n. also noted that the HPe reviewed a drawing showing smaller access area. lie also noted that they must lIe this demon- " ~:-:,,~-:~-~~.-~~:'"=="~.r:-.-: ~-:.~~~~~~':"-._.:.~" -'f1TY._ . - jc ~ . . . :~.".;~~ .;.,.~ ': .. - . . ._\..... . , ' "-...... !'lit', RECORD OF PROCEEDINGS 100 Leavos ... C,....nH_n eo eo .,. (II. Special [,lectin 1\5 en Board of i\ci"ustl:\ent Februar G, 1979 The Aspen Board of Adjustment held a special meeting on February G, .1979, at 4:00 PI,\ in the City Hall Atrium. Nembers present were Ref-IO Lavngnino, Gil Colestock, Josephine Nann, Francis Whitaker and Charles Paterson. Also present was city Attorney Ronald Stock. Case No. 77-30, Eva Robison Lavagnino noted that this case was tabled from pebruary 1, 1979. The applicant submitted an casement 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. He 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 exemptiol1' The board asJ~ed Stock to :?repare a resolu- tion. As Stock prepared the resolution, Lavagnino read a letter from the Board of AdjustrJent 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 il, 1979. Whereas, an application was made by Eva H. Robison on behalf of the Eva Jenkinson estate for a variance from the minirn~~ 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- cents 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~onditions 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 Deen 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 easement for the benefit of the owner of Lot N, Block 24, 'City and To.msite of Aspen upon ~lhich 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 i~ included in a deed attached hereto and made a part hereof by reference, ~~ ~.. ~ ." ... c-.-"'~_"". ---~._--~ .--.... ..--'~ ..;.....-.._- '- ' ~... - .- _.-. -..--- - - -.--....-- - - - .... -" ~~. ... ,',.,-- ._.~ --- ~---:-:. - -. _ ,- _. c- . ..... -2- c / S ecial /lectin As en Board of Ad' lI~;tment 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. \'lhitaker moved to adopt Resolution 51, 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 Depar~ent 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. ...:51!R.4,dJl ~~ f7-~ SherYl(;.sinunen, Deputy City Clerk.. r- -, , f :..:.-" -" .-' .. "..". . .' ~. ..:;:-; ", :: ~ I 'I 'I a; ,'. : .,;..~ . : . :~ i ~ . . ~ ~ , I .. . ~ ~. p, " "--- - _. --.-. .-- - ." .~-'.; CIT 130 s PEN MEMORANDUM DATE: March 8, 1979 TO: City Council FROM: Ron Stock RE: Frost Subdivision Exemption FACTS: Application is made by Mona Frost on behalf of the Eva Jenkinson Estate for an exemption from the definition of subdivision for the purpose of dividing Lot N, Block 24, Original Aspen Townsite, from Lots 0 and P. The granting of the subdivision exemption will allow the estate to sell each parcel (and the single-family house located on each parcel) to Eva H. Robison and William Levin respectively. The property is currently zoned R-6 Residential. The minimum lot size for a single family dwelling is 6,000 sq. ft. The minimum lot size for a duplex is 9,000 sq. ft. ~he total area in Lots N, 0 and P is 9,000 sq. ft. The second home (located on Lot N) was moved to the site in 1970 pursuant to a permit issued by the City. At the time that the permit was issued the applicable zoning ordinance required a 6,000 sq. ft. minimum lot size for a single family dwelling. On February 6, 1979, the Board of Adjustment granted the appli- cant a variance from the minimum lot area requirements of the zoning code. QUESTION SUBMITTED: Does Section 24-12.7 of the Municipal Code prohibit the granting of a subdivision exemption? OPINION: No. Section 24-12.7 states in part that "no ... parcel of land ... shall be ... subdivided ... so as to create a new non-conforming . ./ Memo to City Council March 8, 1979 Page 2 use ... or so as to leave remaining any lot ... or area below the requirements for a legal building site as described in this code... ." ~he granting of a subdivision exemption will not create a new non-conforming use within the provisions of Section 24-12.~since the existing situation of two single-family dwellings on a 9,000 sq. ft. lot is currently in non-conformity with the zoning code. But a subdivision exemption, without a variance, would have created a remaining lot (Lot N) below the requirements for a legal building site (3,000 sq. ft. rather than 6,000 sq. ft.). However, with the granting of the variance there is no violation of Section 12.7 for the effect of a variance under Colorado law is to give a landowner a license or permit to use his property in a manner otherwise violative of the zoning ordinance. When a variance is granted the use permitted thereby becomes a con- forming use. RWS:mc M E M 0 RAN DUM TO: Dave Ellis, City Engineer FROH: Karen Smith, Planning Office RE: Frost Subdivision Exemption DATE: December 6, 1977 This is an exemption request made by Mona Frost on behalf of her sister involving Lots N, 0, and P, Block 24 on Main Street. While the lots are now owned jointly under the Jenkinson estate (Mona and her sisters and brother), her sister Eva Robinson wishes to separate off Lot N on which her house is located. The house was moved there in 1970. The Jenkinson house sits on Lot P. A Board of Adjustment variance (see attached) has been approved on November 17, 1977. I've tentatively scheduled the matter for the December 20th P&Z meeting. lmk enc. I M / -- I I ( --- /2 /6 7 7 ,(11 I I , 10 - . /, '" 1/ ~ J M ' ' l- ~ . .., . ...( ~-<.. '/ At' d "I~v<; " c1 I" ,: ~J--vV'f i ,,< \..- t -<.( (&J /,. '- I, I j /~lL ~.- I "( /4- , '"', , ~ I l "- -f, , " , /. l- ! ( - - - - - """'- ... -- - -- o 0 I~ ~ pJuw., ~ tuiI1 ~r;~, ~ ~ ~ !Pit fnut. I /~ ~UJ'~ ~&JJ~I ~ I~~ ~ vtM.U ~. . It<<- k::: k/~~ ~~ , 1, /J1f/1) ~ ~ e/ ~ ~dY1 . W W-iil I:JI Iz ai~ ~~ /UA.- -. I~ ~ . I /t~, 17/!ta,u ItI ~ ~ ~/tJa?{/ . I ..---....,--..,,-. .... ..~------ ........- ... ,..,.... ... , - /2'J 77 4f"M. fio;t(! kJly;f qzr; -lLif/-:- fi~~l ~, C 9u.&.;.. o -{..,{'/1. ~{ /1/-2/.J.,1 I , I:.. ~"-1.A.. 1 " ~ L(~4 L~ 1-< {; I' ~ !'':';'>../~~'2'1 r ,-:~ ~ -rf11 tJ /Lov 117 I J.:t77 ( vA:. JttJ!i-fl-~ /.tc-/1tH ~ _ &Ja:[~ k J / 'i/~ "~,' , --l J./,., , ,I 1) .~ . (l.JA.,l;:L ' _ ~ -- 3 ) ~ ~ {Otr.<i..l Ie: w I IX Iltn<. J. -< I ~ .t ;/ ~ ,: ..1.,..1.. , f. -~' pws -r~ ~ -'L-I,../- ~ ,~ .;(,~'Id ~ /-de.::, jJ () P H -I N h'\. ~ t.. M/v...,(, .. , i/o ~ /). "-({ 1z-t/'Ih___Z -~) ~+ "-I ~t / r70 .5: j~ cv) e I ~ O-ll C7J..;'wcJ bt1 AU{J.tl-L()'.! C'-. - J/~ 1&1 '71! . ~ ,'_1-1::.. -;- &i t( 1-t1-/Lf' i~ lh,~~:-O '\ . "J,-t-IAA. ~~ \,A..l.,...<j. (nv .k~7... ff.:4-I..-<..:t/\d M 0- t, Ce'-e'"';;t'L - - !kt.. CC~ti;l-1 I Re ular Meetin Case No. 77-30 Eva Robison Hike Hunter Hichacl Behrendt Case No. 77-31 Larry Carter -------~-~- , f' r As en Board of Ad ustment November 17 1977 Lavagnino read the permit an existing tion to be located minimum area for a ir application. Application is made for a variance to one family dwelling by changing the legal descrip- on afloitlthdat hlalsi 3'i0006sqOuOaore feet off area. The / ,.,i one am y we ng s, square eet. r 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 th~ same family. , ,t If " " ~ { " ;i 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. Ii Ii I Colestock asked if there was a yJritten 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. Lilvagnino asked if the two houses 1\Tould meet sctb2.ck requirements. Hcyring said he did not know, he would need a survey. Paterson said a measurement from the Building Depcytmenl v.:ould ue sufficient for him since the survey stakes are still in the ground. LavdEuino said they would n(>ld a sllrvcy verified by tfeyrillg but that Neyring need not do it himself. S" ith suggested that they grcClt the variance conditional upon a survey llj~,t 8110'\>]5 311 setback requirements arc. T!H.:t. :i I I i , I I , I I , I II I; f I , it , " jl Lav"i;nino asked for comments from the public. Hunt asked if any of the houses were nonconformi.ng. Lavagnino said according to the old Building Department records, both houses \\,1cre conforming but when the house was moved it '.V(}s moved on to one lot / when it needed ttvO lots to do so. This created a noncnnforming lot. " " . r: Behrend t asked the definition of a duplex A.lld i1 this W.:H~ .:l duplex in effect. Lavagnino said no, it must h,-ive a con1.'1lun wall. Lavagnino closed the public portion of the meeting. The Board members had a brief meet.ing to v.70rd th:i:; variance. , I: 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 requestedl " subdivision is accomplished because of the practical difficulties caus'ed by the need to assign the greater land area to the larger house ! and since this will not adversely af f ec t the general purpose of the GCP, f i Paterson seconded. All in favor, motion approved. II!.. Lavagnino read the application. Application is made for a variance to use an above ground propane tank until the second week of January, 1978. All fuel storage tanks shall be completely buried beneath the surface t~, of the ground. Mrs. Larry Carter was present. rt Lavagnino reopened the public meeting. Case No. r 77-1f1 '\ J3EFORE TIlE CL I OF ASPEN BOAT:!) OF ADJUS Li1ENT TO ALL PROPERTY OHNERS' AFFECTED BY TilE ImQUESTED ZONING OR USE VARIIIl;CE DESCRIDED BELOH: Pursuant to the Officinl Code of Aspen of June 25, 1962, as nmended, a public hearing "lill be held in the Council Room, City Hall, Aspen, Colo- rado, (or at such other place as the meeting may be then ndjourncd) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Or.dinance, Ch<lpter. 24, Official Code of Aspen. All persons affected by the proposed v~r.iance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you ar.e urged to state. yorrviews by letter, particularly if you have objection to such varinl1ce, as the Board of Adjustment \vill give serious consideration to the opinions of sur.rounding proper.ty owners and others affected in deciding "lhether to grant or deny the request for variance. . The particulars of the hearing and of the requested variance are as folloVls: Date and Time of }<petinl>' l-_t~. Date: November 17, 1977 Time: 4: 00 PM, City Council Chambers Name and address of P,pplicant for Variance: Name: Address: Eva H. Robison 916 West ,Main, St. , Aspen, Colorado " ~cation o~-s~scription of property: J"ocation: Description: 616 West Main St. Block 24, Lot N Variance RC0uested: ---.---:---.-.......~.. Ms. Robison wants to purchase only the lot the house is on'(Lot N). The heirs of the property who own Lots N - 0 & P wish to sell Lot N to her on which her house is located and retain Lot 0 (vacant) to go with the Jenkinson house Lot P to meet zoning code if sold. Duration of Variance: (P],e~RP cro~~ out one) )tNXY.~l:AA.llH~ Permmwll (, l'ill~ ern: OF 1,~~T'rN 1;(\\1:)) I';' /J\.l[1:~Ti:::;:'l' 'BY .__0t:C;:.rf. "Ji~~1h.il!t/., .._'. U (.lld1.I"I!I.11l y{../!-1..- /iJ'--,Ot ('I '\It, 'Cl. ,} ~I<-i)