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Land Use Case.HP.514 N 3rd St.HPC035-98
PN: 2735-124-16001 Case HPC035-98 514 N. 3rd Minor HPC 6; 3 20 6 11 0- 59 . 1 . 1 .. PARCEL ID:|2735-124-16001 DATE RCVD: ~8/8/98 # COPIES:j 1 1 CASE NO~HPC035-98 CASE NAME:~514 N. 3rd Street Minor HPC PLNR:|Amy Guthrie PROJ ADDR:~514 N. 3rd Street CASE TYP:~Minor HPC STEPS:j OWN/APP: Gray Ringsby ADR~ i Cts/z: 1 PHN:~ REP:| ' ADR:j C/S/Z:I PHNi FEES DUE:1 FEES RCVol STAT: r- REFERRALS~ REF] .1 , DUE:1 MTG DATE REV BODY PH NOTICED | DATE OF FINAL ACTION:| CITY COUNCIL: REMARKS| PZ: BOA: CLOSED:~ BY: ~ - DRAC:~ PLAT SUBMITD: | PLAT {BK,PG):| ADMIN~ .. RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING AN APPLICATION FOR A SHED, ATTACHED TO THE EXISTING CARRIAGE HOUSE AND REQUIRING SETBACK VARIANCES LOCATED AT 514 N. THIRD STREET, ASPEN, COLORADO RESOLUTION NO. AO, SERIES OF 1998 WHEREAS, the applicant, Don and Karen Ringsby, represented by Gray Ringsby, has requested approval to build a lean to shed, attached to the existing carriage house, and requiring setback variances, for the property located at 514 N. Third Street, Lots 1 and 2, Block 40, Hallam's Addition, City and Townsite of Aspen. The property is a designated historic landmark; and WHEREAS, all development in an "H," Historic Overlay District or development involving a historic landmark must meet all four Development Review Standards of Section 26.72.010(D) of the Aspen Land Use Code in order for HPC to grant approval, namely: 1. Standard: The proposed development is compatible in general design, massing and volume, scale and site plan with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in a "H," Historic Overlay District or is adjacent to an Historic Landmark. For Historic Landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot or exceed the allowed floor area by up to five hundred (500) square feet or the allowed site coverage by up to five (5) percent, HPC may grant such variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional requirements. In no event shall variations pursuant to this section exceed those variations allowed under the Cottage Infill Program for detached accessory dwelling units pursuant to Section 26.40.090(B)(2). 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. 3. Standard: The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels. 4. Standard: The proposed development enhances or does not diminish from the architectural character or integrity of a designated historic structure or part thereof; and .. WHEREAS, Amy Guthrie, in her staff reports dated October 14 and 28,1998, recommended approval as proposed; and WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting ofthe Historic Preservation Commission on October 14 and October 28, 1998, at which the Commission considered and approved the application without conditions, by a vote of 7-0. NOW, THEREFORE, BE IT RESOLVED: That minor development approval for a new shed at 514 N. Third Street, Lots 1 and 2, Block 40, Hallam's Addition, City and Townsite of Aspen, Aspen, Colorado, be approved, including a 10 foot rear yard setback variance, a 21 foot 6 inch combined front and rear yard setback variance, and an east sideyard setback variance of 4 feet for a storage shed, as represented in Exhibit II of the October 28, 1998 HPC meeting, finding that the variance allows the development to be more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional requirements as described in the staffmemo to HPC dated October 14, 1998. APPROVED BY THE COMMISSION at its regular meeting on the 28 day of oc*.,1998. Approved as to Form: City Attorney U HISTORIC PRESERVATION COMMISSION ChaihAdn j ATTEST: 'Chief Depu~ Clerk .. 1 MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Julie Ann Woods, Interim Community Development Director *A - FROM: Amy Guthrie, Historic Preservation Officer 1 RE: 514 N. 3rd Street- variance, Public Hearing (tabled from Oct. 14) DATE: October 28,1998 SUMMARY: At the October 14th meeting, the HPC reviewed the attached packet and memo with regard to a shed addition built illegally at 514 N. Third Street. The applicant has requested setback variances to legalize the structure. The neighbors to the east attended and indicated their concerns with the way the shed directs snow onto their property. HPC advised the applicant to prepare drawings for a new roof design that would protect the neighbor' s property from snow shedding and to work with the neighbor in the design of the solution. The new proposal is attached. Staff was not able to confirm that this interaction with the neighbors took place by the memo deadline. The Engineering Department has been contacted and will not have a concern with the additional snow shedding into the alley. Staff finds the revised design acceptable and recommends HPC approval. RECOMMENDATION: Staff recommends that the HPC grant a 10 foot rear yard setback variance, a 21 foot 6 inch combined front and rear yard setback variance, and an east sideyard setback variance of 5 feet for a storage shed, finding that the variance allows the development to be more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional requirements as described in the staffmemo to HPC dated October 14,1998. 49*2X -~ -1 t-- lIiltll i 1 'l,l 1 1 :1 TOP OF PROPOED NEW ROOF - ~ 12 , . - - N TOP OF ROOF 9 - ocr>.- -tt- @EAVE APOVE POOR »« ~fi ~2 TOP OF EXIST, FENCE TOP OF EXIM. FENCE - f L -+ & fOP OF ROOF Af EAVE -- -- *100 9 \0 - EXOT,GRAPE _ 4 6> 001 i I .1 4 1 t € 0.1 . / L\ / =VAT 0% 4. 9 / A 41/ / / L., 'I· FROPOVEP NEW ROOF FOR EX1511 5HIEP 5CALE 1/4" =1'-0 " \ kk \ k li ~ fOP OF PROPOEP NEW ROOF -, 0 & TOP OF ROOF Af EAVE -·-4 TOP OF EX15£ FENCE \ ,_ EX1511 61,0 ' 5.-7 ' ' NuE)(br, FENCE ~ I . Ch, =VAT OC / . 0 ..~ r./ AA K. . /-/ 1 I /, PROPO*P NEW ROOF FOR EXIVE 5HEP 5(JALE 1/ 4"==1'-0" TOF OF PROPO*P NEW ROOF TOP OF EXIVE FENCE - -»- - & TOP OF ROOF Af EAVE I 0 EXIST, GRAVE _ 4 / EXIST. 3'0"X 6'8" POOR--~ 1 /3 9100 5 5 ..// VATOC 0 PROPOE NEW ROOF FOR EXISE. 5HE P MALE 1/ 4" = I ' -0" 92 L 6 4 0, 0. U i , ir . ... A / t.:,4 J. : I a 2, . 3' -21 1 1 .. MEMORANDUM TO: Aspen Historic Preservation Commission ) THRU: Julie Ann Woods, Interim Community Development Dire FROM: Amy Guthrie, Historic Preservation Officer V RE: 514 N. 3rd Street- variance, Public Hearing DATE: October 14,1998 SUMMARY: This property is a designated historic landmark with a Victorian home and carriage house on site. Each building is a dwelling unit. The applicant has received HPC approval for an addition, to be placed between the old house and carriage house, and is under construction. A complaint was made in regard to a shed structure on the property which was built some time ago without permits. The shed violates setback requirements, so the owner has the option of either eliminating it or requesting a setback variance, which is the direction that has been chosen. A 10 foot rear yard setback variance, a21 foot 6 inch combined front and rear yard setback variance, and an east sideyard setback variance of 5 feet are needed. APPLICANT: Don and Karen Ringsby, owners, represented by Gray Ringsby. LOCATION: 514 N. 3rd Street, Lots 1 and 2, Block 40 of the unrecorded Hallam' s Addition to the City of Aspen. SIGNIFICANT DEVELOPMENT (FINAL) PROJECT SUMMARY AND REVIEW PROCESS: All development in an "H," Historic Overlay District, or involving historic landmarks, must meet all four Development Review Standards found in Section 26.72.010(D) of the Aspen Land Use Code in order for HPC to grant approval. 1. Standard: The proposed development is compatible in general design, massing and volume, scale and site plan with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in a "H," Historic Overlay District or is adjacent to an Historic Landmark. For Historic Landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot or exceed the allowed floor area by up to five hundred (500) square feet or the allowed site coverage by up to five (5) percent, HPC 1 = .. may grant such variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional requirements. In no event shall variations pursuant to this section exceed those variations allowed under the Cottage Infill Program for detached accessory dwelling units pursuant to Section 26.40.090(B)(2). Response: The shed area in question was added to the east side of the historic carriage house several years ago. It sits directly on the east and rear property lines. The roof ofthe shed slopes towards the adjoining property. A letter has been provided by the applicant explaining how the shed came to be built and their need for the storage space. They point out that the shed was built in character with the historic resources in terms of materials. The historic house and carriage house were originally built far to the east side of the property. The location of the new addition reviewed by HPC last winter was fairly restricted because HPC did not want the addition or any other new construction to project more towards North Third Street than the existing buildings, or to encroach onto those buildings or be taller than them. The addition that was approved is relatively modest in size. There are no basements and there is no garage for the site. The site offers limited possibilities for storage. That said, the location which was selected for the storage shed is the solution which is most compatible with the historic landmark. It can be accessed from the alley, is not visible from the street, and therefore does not affect the public facades of the historic resource. No other location on the property, including along North Third Street and North Street would be likely to be approved because it would place a storage building in the foreground of the historic structures. In terms of neighborhood compatibility, the neighbor has a very valid concern that the shed dumps snow right onto their property and the plants along their fence. The applicant's proposal to install a snow fence and gutter along the eave of the shed may help the situation, but may not completely alleviate the problem. Staff recommends an alternative, which is to change the roof shape so that it is either a gable, or a shed roof which slopes northward into the yard at 514 N. Third Street. If a gable is selected, snow must also be prevented from shedding into the alley, which is a public right-of-way. 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. Response: There are many historic structures in the neighborhood, most of which have some sort of non-conformities due to the structures having been built before zoning regulations and more recent efforts to accommodate historic preservation. The adjacent structure which is affected by this application is also a landmark; a 1962 Herbert Bayer house. 2 .. As discussed above, the neighbor is currently being affected by this particular setback encroachment. A solution has been proposed to eliminate the impact caused to them. 3. Standard: The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels. Response: The proposal does not affect the historic significance of the property. 4. Standard: The proposed development enhances or does not diminish from the architectural character or integrity of a designated historic structure or part thereof. Response: The shed addition was made on the east side of a historic building, however it was done with compatible materials and is not visible from the street. ALTERNATIVES: The HPC may consider any of the following alternatives: • Approve the Development application as submitted. • Approve the Development application with conditions to be met prior to issuance of a building permit. • Table action to allow the applicant further time for restudy. (Specific recommendations should be offered). • Deny Development approval finding that the application does not meet the Development Review Standards. RECOMMENDATION AND RECOMMENDED MOTION: "I move that HPC grant a 10 foot rear yard setback variance, a 21 foot 6 inch combined front and rear yard setback variance, and an east sideyard setback variance of 5 feet for a storage shed, finding that the variance allows the development to be more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional requirements, with the condition that the applicant change the roof form so that snow does not shed towards the neighboring property, 311 North Street, and also is prevented from shedding directly onto the alley." Exhibits: A. Staff memo dated October 14,1998. B. Application. C. Photos of current condition. 3 .. Oct. 2,1998 To: The Historic Preservation Committee Attn: Amy Guthrie From: Don & Karen Ringsby of 514 North Third Street, Aspen. Submitted by: Gray Ringsby for the owners This letter is in regards to the issue ofthe existing storage shed that is attached to the backsideof the carriage house. We would like to request a setback variance for this shed. The shed was built about ten years ago by a carpenter that rented the carriage house from us. He built the shed in exchange for letting him keep his tools there over the winter. It appears that there was no building permit when it was built. Our intent is to now make this a legal part of the dwelling. The shed was very well built and blends in perfectly with the existing house. It has identical siding, shingles, and trim. In fact the roof slope looks the same as that ofthe rear part of the main house. Aesthetics aside, the only people that are affected by the shed are our neighbors, the Blocks. Their concern is that snow falls from the shed roo f over the fence and onto their bushes. We would like to offer a solution to that problem. A simple but sturdy metal snow fence and rain gutter would keep all snow and water from their property. This we would agree to install immediately. This unobtrusive shed is very necessary for our property. There is no garage and no other place to store all the outdoor things that one accumulates and uses. Gardening equipment, lawn mowers, snowblowers, bikes, and tools are some ofthe items stored. The shed is a much more attractive alternative than a pile of stuff sitting there with a taIp over it. This shed was built on in such a way as to be historically correct. All the other numerous additions to this property over the years were done with shed roof style attachments, just. as this shed was done. Please allow this unobtrusive shed to remain as it is but with the new snow fence and gutter. Sincerely, RECEiVED Don & Karen Ringsby OCT 0 5 1998 Abr c,v , r: 1 AN COMMUNITY DEVELOPMENT ., J. '44 '1- , .4 .... il .It·- .i '- -- . 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Q. . 118: t,44.1¥* I~tq~* ~~ 7NA#43,15·7~* '2 ~ 21,~A Sa#/4 I rp&" I.*'0 f 7<'~ I 1 0.1 %4 ~i.At . f .: I f Itic 48,FA~HAWL*. /.479 13. n..6 . 1 I. 1 /4@i?,t I 6, , .' 0%*4 11: 1 ' 4'10 ' 16 A 46 * - r.*' 4. 001 I. I */' . I I - A 71 I ...b t -2'. 2. I .. PUBLIC NOTICE RE: 514 NORTH THIRD STREET VARIANCE NOTICE IS HEREBY GIVEN that a public hearing will be held Wednesday, October 14, 1998 at a meeting to begin at 5:00 p.m. before Historic Preservation Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Don and Karen Ringsby. The owner requests a 10 foot rear yard setback variance, a 21 foot 6 inch combined front and rear yard setback variance, and an east sideyard setback variance of 5 feet for a storage shed. The property is located at 514 North Third Street, and is legally described as Lots 1 and 2, Block 40 ofthe unrecorded Hallam's Addition to the City of Aspen. For further information, contact Amy Guthrie at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5096. s/Suzannah Reid. Chair Historic Preservation Commission Published in the Aspen Times on September 26, 1998 City of Aspen Account