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Home My WebLink Aboutlanduse case.boa.302 Roaring Ford Dr.hodges.001-06 NOTICE OF PUBLIC HEARING CASE #01-06 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen ofJune 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly .ifyou have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time ofMeetine:: Date: January 12, 2006 Time: 4:00 P.M. Owner for Variance: Ann Hodges Representative for Variance: Ann Hodges Name: Ann Hodges Address: 302 Roaring Fork Dr. Aspen, CO 81611 Location or description of property: 302 Roaring Fork Dr. Variances Requested: The applicant is requesting a ten (10) foot rear yard setback variance for the construction of garage; a driveway variance for a driveway more than 30" above grade; and a retaining wall variance for a retaining wall more than 30" above grade. Will applicant be represented bv Counsel: YES: NO: X ~ " ASPEN BOARD OF ADJUSTMENT THURSDAY, JANUSRY 12, 2006 Special Meeting 4:00 PM CITY COUNCIL MEETING ROOM I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTEREST IV. . PUBLIC HEARING A. Case #01-06. Ann Hodges, 302 Roaring Fork Drive is requesting a 10 foot rear yard setback variance for the construction of a garage; a driveway variance for a driveway 30 inches above grade; and a retaining wall variance for a retaining wall more than 30 inches above grade. V. ADJOURN ~ MEMORANDUM TO: Zoning Board of Adjustments FROM: Ben Gagnon, Special Projects Planner -.JI-A THROUGH: Joyce Allgaier, Deputy Director, Community Development RE: 302 Roaring Fork Drive: Setback variance, driveway variance, retaining wall variance DATE: January 12,2006 SUMMARY: Ann Hodges, owner of the property at 302 Roaring Fork Drive, is requesting 3 (three) variances: a retaining wall variance, a driveway variance and a rear yard setback variance, for 302 Roaring Fork Drive. The variances are required to allow for a retaining wall to support a new, elevated driveway, leading to a new, elevated garage. The retaining wall would be more than 30" above natural grade, requiring a variance from 26.575.040(A)5; the driveway would be more than 30" above natural grade within the rear yard setback, reqUiring a variance from 26.575.040(A)7; and the garage would be within the rear yard setback of five (5) feet, 26.71 0.070(D)6. Although the garage itself would be within applicant's property boundary, and portions of the driveway and retaining wall may be within the applicant's property boundary, portions of the driveway and retaining wall will be on City of Aspen right of way. Due to the ultimate need for an Encroachment License, the applicant submitted an architect's concept to City Engineer Nick Adeh, who stated that the concept is acceptable if it meets the following requirements: I. Tree mitigation through Parks Department 2. Dimensional feasibility of vehicle turning movement from existing road in and out of garage 3. Minimum driveway length for access 4. Viable support and structure designs If the Board of Adjustments approves the requested variances, staff recommends four items as conditions of approval (See Resolution 06-0 I). Subsequent to approval by the BOA, the applicant would be required to apply and gain approval for an Encroachment License through the City Engineer. ApPLICANT: Ann Hodges, 302 Roaring Fork Drive. LOCATION: 302 Roaring Fork Drive. ZONING: R-15B REVIEW PROCEDURE: Variances may be approved by the City of Aspen Board of Adjustments, pursuant to Land Use Code Section 26.314.020, utilizing Standards Applicable to Variances, 26.314.040. ST AFF COMMENTS: The application proposed unnecessary impacts to the natural components of the setting. A parking pad already exists, which provides parking space to serve the residence. The installation of a retaining wall and elevated driveway would detra~t from the natural grade, historic drainage pattern and vegetative buffer along the street. Review criteria and Staff Findings have been included as Exhibit "A." { RECOMMENDATION: Staff recommends the Board of Adjustments deny these variance requests, for reasons noted in the Staff Findings. RECOMMENDED MOTION: (AL1-- MOTIONS WORDED IN THE AFFIRMATIVE) ~ "I move to approve Resolution No. 06-01, Series of 2006, approving a rear yard setback ~variance, a variance for a retaining wall exceeding 30 inches above grade and a variance \ ~for a driveway access more than 30 inches above grade within the rear yard setback for ~operty located at 302 Roaring Fork Dr., finding that the review criteria for the ..::1 application have been met." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B - Map of neighborhood Exhibit C _ Photos of existing and proposed driveway area at 302 Roaring Fork Dr. Exhibit D __ Photos of neighboring driveways/garages in R-15B Zone District Exhibit E - Application 1,__ Exhibit A Review Criteria & Staff Findings Variance from Dimensional Requirements (Rear Yard Setback) Moderate Density Residential (R-15B) 26.710.070(D)6 Minimum rear yard setback: Residential dwellings: Ten (10) Accessorv buildings and all other buildings: Five (5) 26.314.040 Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, tlle appropriate decision making body shall make a finding thai the following three (3) circumstances exist: I. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and this Title; Staff Findine:: The Aspen Area Community Plan places an emphasis on sound enviromnental practices. The statement of "philosophy" under the Chapter, Parks, Open Space & the Enviromnent, the AACP states: "From sensitive land development to air and water quality, to recycling efforts, to habitat restoration, life in this community must reflect the commitment to preserve our enviromnental and wildlife resources." This variance would result in a garage within the setback, requiring the removal of mature vegetation in a visible area. Staff finds the proposal is not consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan. An alternative to the proposed development scenario already exist. Staff finds that this circumstance [26.314.040(1)] does not exist. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; Staff Findinl!: Staff finds that the "reasonable use of this 'parcel" can be achieved without a variance. Staff has traditionally taken the position that a garage is not a right that must be accommodated. Staff finds that this circumstance [26.314.040(2)] does not exist. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: a. There are "pecial conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; Staff Findine:: Staff has traditionally taken the position that a garage is not a right that must be accommodated. Staff further finds that parcels in the R-15B Zone District are of widely varying shapes and sizes and often feature steep slopes, making it difficult for property owners to accommodate accessory uses. The applicant is able to attain property rights that are common to the vicinity by having a single-family dwelling on the site and a directly adjacent parking area. Staff finds that this circumstance [26.3l4.040(3)a] does not exist. b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures, in the same zone district. Staff Finding: Staff has traditionally taken the posItion that a garage is not a development type that must be accommodated through a variance. In other words, staff considers a garage a privilege and not a right, therefore granting this variance would confer upon tl1e applicant a special privilege. Staff finds that this circumstance [26.314.040(3)b] does not exist. Variance from Dimensional Requirements (Retaining Walls) Yards 26,575.040(A)5 A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky except for the following allowed projections: 5. Uncovered porches, slabs, patios, walks, retaining walls, steps and similar structures, which do not exceed thirtv (30) inches above or below natural grade, shall be permitted to project into the yard without restriction. 26.314.040 Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision making body shall make a finding that the following three (3) circumstances exist: I. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the A"pen Area Community Plan and this Title; Staff Finding: The Aspen Area Community Plan places an emphasis on sound environmental practices. The statement of "philosophy" under. the Chapter, Parks, Open Space & the Environment, the AACP states: "From sensitive land development to air and I __ water quality, to recycling efforts, to habitat restoration, life in this community must reflect the commitment to preserve our environmental and wildlife resources." The installation of a retaining wall at this site would result in the removal of mature vegetation in a visible area. Staff finds the proposal is not consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan. Staff finds that this circumstance [26.314.040(1)] does not exist. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; Staff Findine:: Staff finds that the "reasonable use of this parcel" does not include a retaining wall to support an elevated garage through the granting of a variance. Staff has traditionally taken the position that a garage is not a right that must be accommodated. Staff finds that this circumstance [26.314.040(2)] does not exist. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's rights would be deprived, the board shall consider whether either of thefollowing conditions apply; a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; Staff Findine:: This retaining wall is necessary to support a new garage. Staff has traditionally taken the position that a garage is not a right that must be accommodated. Staff further finds that parcels in the R-15B Zone District are of widely varying shapes and sizes and often feature steep slopes, making it difficult for property owners to accommodate accessory uses. Staff finds that this circumstance [26.3l4.040(3)a] does not exist. b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures, in the same zone district. Staff Findinl!: This retaining wall is necessary to support a new garage. Staff has traditionally taken the position that a garage is not a right that must be accommodated. In other words, staff considers a garage a privilege and not a right, therefore granting this variance would confer upon the applicant a special privilege. Staff finds that this circumstance [26.3l4.040(3)b] does not exist. Variance from Dimensional Requirements (Driveways) Yards 26.575.040(A)7 A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky except for the following allowed projections: 7. Driveway access shall not exceed a depth or height greater than twenty-four (24) inches above or below grade within the required front yard setback. Within all other required setbacks, drivewav access shall not exceed a depth or height greater than thirtv (30) inches above or below grade. 26.314.040 Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, tlle appropriate decision making body shall make a finding that the following three (3) circumstances exist: . 1. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the A"pen Area Community Plan and this Title; Staff Findine:: The Aspen Area Community Plan places an emphasis on sound environmental practices. The statement of "philosophy" under the Chapter, Parks, Open Space & the Environment, the AACP states: "From sensitive land development to air and water quality, to recycling efforts, to habitat restoration, life in this community must reflect the commitment to preserve our environmental and wildlife resources." The installation of an elevated driveway supported by a retaining wall leading to a garage within the setback at this site would result in the removal of mature vegetation in a visible area. Staff finds the proposal is not consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan. Staff finds that this circumstance [26.314.040(1)] does not exist. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; Staff Findine:: Staff finds that the "reasonable use of this parcel" does not include an elevated driveway supported by a retaining wall, leading to an enclosed garage. Staff has traditionally taken the position that a garage is not a right that must be accommodated. Staff finds that this circumstance [26.314.040(2)] does not exist. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply; a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; Staff Finding: This elevated driveway is necessary to bring vehicles to a new garage. Staff has traditionally taken the position that a garage is not a right that must be accommodated. Staff further finds tllat parcels in the R-15B Zone District are of widely varying shapes and sizes and often feature steep slopes, making it difficult for property owners to accommodate accessory uses. Staff finds that this circumstance [26.314.040(3)a] does not exist. b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures, in the same zone district. Staff Findine:: This elevated driveway is necessary to bring vehicles to a new garage. Staff has traditionally taken tl1e position that a garage is not a right that must be accommodated. In other words, staff considers a garage a privilege and not a right, tllerefore granting this variance would confer upon the applicant a special privilege. Staff finds that this circumstance [26.3l4.040(3)b] does not exist. L__ ArcIMS Viewer ~')Chi~{t- 13 Page 1 of 1 C.a!bonda~~4'11lff_ ,:~:'0t{:~'I--Jt:f'" Town ofSnoW~Yiliag9 r'~"tI!J'!9/ ;) I-h<j" W CA.) 8" J 750? R19c{I'1' ^J fOrk Or: http://205.170.51.230/website/parcels/MapFrame.htm 1/3/2006 Exhibit C Photos of existing driveway/parking area; and area for proposed retaining wall/driveway/garage at 302 Roaring Fork Dr. Existing driveway and parking area. (Clear pavement is Roaring Fork Drive.) Pavement at left is Roaring Fork Drive. Grade drops approximately 8-10' from top of slope at left. Driveway would proceed over retaining wall to elevated garage. Slope is too steep to utilize space under house at right. (Vehicle at upper left in same location as photo above.) Note car at upper left, in same location as photos above. Wooden fence at lower right shows neighboring property line; the property line of 302 Roaring Fork Drive continues from the end of the fence. The driveway would begin at street (not shown here), over retaining wall to elevated garage, which would begin at the property line. 2 Exhibit D Photos of driveways/garages in R-15B Zone District All three photos were taken within the R-15B Zone District, near 302 Roaring Fork Drive. Above, the pavement is the City street. Below, pavement in foreground at left is then City street. Some garages and parking areas are very close to the street, other are further removed. '/ .../ I. E'fM,'b,+- F " ~ THE CiTY OF ASPEN BOARD OF ADJUSTMENT APPLICATION PACKET DATE 7/ /l,[ O~ 20OS- CASE# APPLICA~T--1rNN w~es , PHONEQ~S -3l/~ MAILING ADDRESS ~ i<:trJrCMcJ W~ "D111fi'. OWNER ItUM _~ eS PHONE ~?'7 JCl . MAILING ADDRESS LOCATION OF PROPERTY ,Iff 27 ~J S,t4:JdJ'-ut/JLf/U....... (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL? Yes_ No ~ Below, describe clearly the proposed variance, including all dimensions and justification for the variance (additional paper may be used if necessary). The building permit application and any other information you feel is pertinent should accompany this application, and will be made part of this case. - ~ cAtta~J Applicant's Signature REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPE CITY CODE, CHAPTER 26. AN OPINION CONCERNING TIDS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF DATE PERMIT DENIED DATE OF APPLICATION OFFICIAL HEARING DATE Ann H~. City of Aspen Board of Adjustments Aspen, CO 81611 I'm requesting a variance to Lot 27, 302 Roaring Fork Dr., Eastwood Subdivision for a I-car garage, 22' x 14' x 13' (h) part of which would sit within the 10' rear-yard setback. I'm requesting this variance due to difficulties involved with other considered solutions. These include adapting an already existing unenclosed space under part of the house. Access from the rear off of Roar- ing Fork Dr. is impossible because the ground from the road is extremely steep and my lot is too narrow for angled access. Access from Eastwood Rd. in the front, although possible, would also be quite difficult and not very neigh- borly or environmentally sensitive. This front-yard section of my lot off of Eastwood Dr. is quite steep at first and would necessitate a winding driveway thru it with a large cut at the entrance to allow for turning off of Eastwood Dr., ending up at the high-end of the lot to reach the space. This solution would create considerable impact to at least four neighbors and would eliminate a large area of green space for them as well as for me. (see attached enlargement of Eastwood Sub. and Lot 27). The two solutions mentioned above actually exacerbate increasing problems I have physically dealing with stairways to my living areas above and aren't particularly desirable or helpful for me, especially into the future. I've also considered orienting the garage east-west in length so that it would lie within the setback., but I'm told that my lot is too narrow to provide proper entry and access. w o '" '" o '" The proposed garage is designed to be consistent with the existing residential structure (see photo com- posite) which as you can see is situated at the extreme rear of my lot. There are no neighbor's structures immediately adjacent to the proposed location, and the intersection of Eastwood, Westview and Roaring Fork Drives create a rather large open area right at that spot, resulting in a location where visual impact to neighbors would be minimal. This proposed garage would actually sit further off of the road than my pres- ent parking. " .. The garage would not only provide cover for a car, but also storage for bear-poof trash between pickups (which I presently lack), and would allow for a future elevator from the rear down to my front door landing, providing a safe alternative to the existing stairway. ..., ...,0 '" ~ x'" '" '" ..... ~ o < '" no '" . ~ ,,. -l> '" "''' ~ no o " I have recently contacted all my immediate neighbors, (Behrhorst, Newman, Hutter, Tibma, Rose) and none have any objection to the proposed garage or its location; a few even expressed dismay that I hadn't done it sooner. . Thanks for your consideration. " ~ 0 3 00 '" ~ -. '" -~ '" ~ < . or ..'" ~..... '" 0 ~ , x", @", ~~ o , :"w "..... no ~ -'" fbL Anll> I;:ko.d~~ City of Aspen Board of Adjustments Aspen, CO 81611 12/15/05 Due to hardship caused by the nature of city property contiguous to my Lot, I'm requesting additional vari- ances to accommodate a driveway from the city street (Roaring Fork Drive) to the proposed garage at 302 Roaring Fork Dr. The portion of land from the city street to my property line is quite steep (see previously submitted tapa survey) and will necessitate a bridge of inftU and rock which will require a height variance since the surface of part of it will be more than 2' above existing grade. In addition, the garage structure will have a retaining walt to prevent over-turning that will require a height variance as it will necessarily be over 30". .~ w o N '" o ~ ~ "" ~ ~o ~ ~ x ^ '" 0 ~ o < '" ro N ~ " -'" ~ '" u ~ ro o ~ co ro 0 3 '" ~ ~ ~. '" ~~ ~ ~ < . ~ ""'" ~ ~ ~ 0 ;;~ @N ~~ o , :-"w ~ ~ ro ~ ~'" AIi'ltIi'lt ""'....~a~~, ..."<.,,,,~~~t!L City of Aspen Board of Adjustments Aspen, CO 81611 9/14/05 I'm requesting an additional variance for a short driveway from the city street (Roaring Fork Drive) to the proposed garage at 302 Roaring Fork Dr. The land from the city street to my property line is quite steep (see attached topo survey) and will neces- sitate a short bridge or infill which will be more than 2' above grade in order to reach the garage. .~ '" 0 '" '" 0 '" ~ => "" ~ ~ 0 '" x "" \0 '" " -. o < \0 '" '" . ~ :>- ... ~ \0'0 ~ '" o => . n '" 0 3 ", '" ~ -. '" - ~ '" ~ < . =r ""\0 ~" '" 0 ~ , x\o @", -~ o , ,",'" =>" '" ~ _\0 ---- -- -- -- ~)LI~ilti" ~OL1 ~ e - ~ 100. / i ""I--~\ ~ __ / II / J ~' / / / \\- /0.;. / I / / / /1 / , J I i ~" ).. .' , , , \ ~d .' - ~- ~ '_J1 I ~ .- j h'r\ (:; ~K(& 1 - ---- -- - - ........ C> - -- U\ ~ ~ -.:r ~ C) ~ ---- ill . .. .", -I . I ", ~ , . , ." J ~ /', -' t4 , ~ ':!i ~ (j u..;... i ~ t ....,. ~ " () ~ - J I' ., 'i I .1.. t<) - II ..., -l:: "'" '" -l:: ., "'" i': ~ I.;) j - .. ~ ~~I 'It> . " ~--' _..:J- .' \'-1 1\ - " 1\ '-..--- -- ,/ \ . ~ ! ,t'. :J .,:'" - I \ ..."',,""" i -4-....11.-1.- ~. / , ] ~Y.I.,TIl-{fD ...,OI.l,;>E; ---__..,.J.:..----- --- -- -- q -- ----- ~ ,wV'7.~- 1 ~ ~ cfiPL/-N fie"" I.~()~~' "" ,,4tvh'/iO/)6ES 6J/.R.~6e. o~ 'J;;QZ [<OAP1IV&>ra-:<KVfl, I"Sf'€N j Co etG/{ -< 'P!"lnK /IY!JW^" N<lfmqs 1/9 h. I?PPINO f,<;pE1v (J) Q1';.'/.Ioo -, " ", .',/ ; III ~ Ii, \'- The undersigned have been informed about the proposed garage and related variances for 302 Roaring Fork Dr. as shown here and have no objection to this plan, Name: " '" (j '4 \!l 7- tt <- () "'- , \ , .- --'J \" \ -. :::\)~::;",^)v~'(F -:\"\.; cl ( ~-';'J'(\"/'''''\!J o VvV,.'O, '?'~1r- DVJfU'I (). Fie~M~1r '-)~: C ,hHt-f~ L)~ (,? .., '- \~\\)~ V~_kW--~ .-..-.----------.......-........ -- ---.-- Date: \1..--\,"0 \( , Z.13/?t?aA~.:K:Ot, I z.../IJltij--- (I 2-'(6 R.0N-/~ F",,/c iJ \,~ . l.r: <) ~/ 8 z C,J'C5'I~<, . o' 0 Co i 0 l . \ I \Jv n~\..>'~ [0.00 ~. .~ \6)\O~ r? if \\ \\ ) '\\ " I. , ~) 4//~--V3~___ ----,- - -,----- -., -----.--- --.. ---'----- --. ------.---------- ------...---- // ' -9Y~/- d.c:n~_~____ .. .. .u~:;~~-:'_i~~~d~--=f~,4v<V 1l44Ld-C/'-~oe~--P7~?Z--~26 .d~~; /n-;7 .-<J/ d~ --40-~;??~rJ:--:n.c:;/:;Jl ?'-/d ,:;;L~,?'=L-./-/d1f~t".-/ ~~,__ . _ ______..___n,.___ _____ ____, __no _. _________,___ -'. ~ ~..--;Y2~_ 4<d.-?F7~ --;,-:,<.' .,', ';, "~.~. .Joarmeo. Tibma 5530 E Shaw Butte Dr Scottsdale, AZ 85254 .. ,'~." '. C', - ,- , '_ _ . ';/f:'.~~.~~.' S'.' (.. .-, '<I '0'\ ' i ~~ 'I ,- -',... \> 's' \' :t , .< "-.' ..--j'~~";~ I ,-..,:,..,-~. '1 --... ~ ~~::;: 4d'l~-@ J V --- /f O~--7//.--;7--7;? ~~ ~ 4c./7~ Ci3 ';;7/b'// ':.:~,~' -; J::.:'~ "I 1 ..J.. ,:.::.:.' ,:.:.::.' 'o'.'). '/ 1/"1""11,11"..,11,,,11..1.1.,/,/,1..1,,.111,,,..,1,1,,1,11 ?50' j2b~~.~ ~ '" u_-' . .-1 ---J ~ ---' , ----I ~~~-----' :" Ann Hodge.s Homeowners notified reo variance request: Edward A. and Lise L. Abraham 2500 Bayshore Dr. Newport Beach, CA 92663 William R, Dunaway and Barbara Allen Box E Aspen, 81612 Aspen Club Group. Inc. Chuck Frias C/O 730 E. Durant Ave. Aspen, CO 81611 Barbara Fleck 1449 Crystal Lake Rd. Aspen, CO 81611~2254 Aspen Grove Cemetary Assoc. c/o Ramona Markalunas 624 North St. Aspen, CO 81611 Helene P. Freeman c/o Omen O. Freement 40 Sageworth 160 N. Pointe Blvd. Suite 200 Lancaster, PA 17601~4134 Bearfoot Revocable Trust 198 Eastwood Dr. Aspen, CO 81611 Peter and Sharon Hutter 161 Westwood Drive Aspen 81611 Beauseant Trust 997 Poli Poli Rd. Kula, HA 96790 Gideon Kaufman c/o Kaufman & Peterson 315 E. Hyman, Suite 305 Aspen, 81611 David G. Behrhorst / Donna S. Fisher 1280 Ute Ave. Suite 32 Aspen, 81611 Brooke Newman 273 Roaring Fork Drive Aspen 81611 w o " Jeffrey Brucato PO Box 1448 Aspen, 81612 Maria M. Otto 21 E. 66th St #9FL New York, NY 10021~5853 '" o 0> " aq Gabriella Bursten Box 2061 Aspen, CO 81612 Brooke A. Peterson and Diane Tegmeyer-Peterson 302 Hopkins Ave. Aspen, CO 81611 ~ ~O 0> " ,.. Kenneth S. and Phyllis C. Canfield Trust 210 Eastwod Dr. Aspen, 81611 Jack Resneck Family Colo. Trs. 7212 Gilbert Dr. Shreveport, LA 71106 '" " " ~ o <' ..;, '" " . ~ ,,. .... ~ "'''' ~ '" o " Victor A. Canforti 817 Merrimack St. Lowell, MA 01854 . Gene A. and Rita J. Clausen 284 Eastwood Dr. Aspen, 81611 Roberta Frances Rhea 3125 NW 79 Ct. Gainsville, FL 32606 n ~ 0 3 00 0> ~ -. '" -~ 0> ~ < . =r aq", ~" 0> 0 ~, "", @" ~~ o , :-"w "" '" ~ -'" John W. Rhea, Jr. QPRT 9922 Woodlake Dr. Dallas, TX 75243 Dale Dillingham Box 2061 Aspen, 81612 Martula Tanyss Rhea 277 Bay Rd. Hadley, MA 01035 --.----1 ~ . Dwayne and Margaret Romero 262 Eastwood Dr. Aspen, 81611 Albert Et AI and Selma Rose 1075 Santa Fe Dr. Denver, CO 80204 Shepard/Aspen LP 2155 Delaware Ave. St. Paul, MN 55118 Arlene D. Staley 229 E. Lake Shore Dr. Chicago, IL 60611 Ellen S. and Stephan D. Susman 2121 Kirby Dr. #85 Houston, Tx 77019 Joanne Tlbma / Peter Trste Box 2317 Aspen 81612 Christine Wheeler, LLC 310 E. 46th St. #12H New York, NY 10017 Umberto Villasanta 4611 Cedar Garden Rd. Baltimore, MD 21229 WVIEW63 LLC c/O Edward J. Lenkin 4922 A St. Elmo Ave. Bethesda, MD 20814 1-" ASPEN BOARD OF ADJUSTMENT MEETING MINUTES January 12, 2006 Rick Head opened the Special Board of Adjustment Meeting in Council Chambers at 4pm with members Peter McClain, Charles Paterson, Jag Pagnucco and Elizabeth Atkins present. Mark Hesselschwerdt was absent. Staff in attendance were: Ben Gagnon, Community Development; Jackie Lothian, Deputy City Clerk. PUBLIC HEARING: CASE #06-01. Ann Hodl!es - 302 Roarinl! Fork Drive Rick Head opened the public hearing. The applicant is requesting a ten (10) foot rear yard setback variance for the construction of a garage; a driveway variance for a driveway more than 30" above grade; and a retaining wall variance for a retaining wall more than 30" above grade. Head stated that the notice of posting has been made and Ann Hodges is the applicant. Ann Hodges eXplained that she was requesting variances and passed around a drawing from 1972 when she bought the property showing the 5 foot easement around the property. Hodges said that her physical health makes it difficult to negotiate the 13 steps (especially in the winter) so she needs a garage so that she can protect her car from the elements. Hodges stated that was the reason she requested a garage and looked at the other options but this was the only practical way a garage could be done off to the side. Hodges said that she kept the garbage in her front hall to keep it away form the bears so the garage would be a much better place for the garbage. Hodges said the current parking area held 2 cars and about 20 years ago an engineer said that the area would fall in, so she needed a solution that would last. Hodges said the proposed garage was reasonable and a modest solution; it was consistent with the houses and other surrounding properties; many garages had their entrances right on the street, which was non- conforming. Hodges said that she would rehabilitate the area with trees and shrubs and whatever needs to be there. Hodges said there was a safety issue as well and the stairway covered with ice and with the present parking area, which she can't see when she backs out. Hodges went to her immediate neighbors and none had problems with this proposal and she presented their signatures. Public Comments: 1. Vinnie Partyka stated that he was a neighbor and supported her position. Jag Pagnucco said there were physical problems here that constituted a hardship. Pagnucco said this board deals with hardship and building a garage to cover your 1 ASPEN BOARD OF ADJUSTMENT MEETING MINUTES January 12, 2006 car was not a hardship but a physical hardship and the safety aspect of backing up were hardships. Liz Atkins appreciated the other pictures of the neighborhood and she agreed with Jag on the hardship. Charles Paterson found it troubling that staff did not feel a garage was a right however the terrain or physical hardship was not considered. Paterson said granting the variance will not incur any special privilege denied because there were garages right on the property lines all over this zone district. Paterson said that he would grant the variance. Rick Head said that he agreed with Charlie and the board has granted previous variances for garages in this neighborhood. MOTION: Charles Paterson moved to approve Resolution #001-06 granting approval for a rear yard setback, a variance for a retaining wall exceeding 30 inches above grade and a variance for a driveway access more than 30 inches above grade within the rear yard setbackfor the property located at 302 Roaring Fork Drive finding the review criteria have been met. Seconded by Liz Atkins. All infavor, APPROVED. Adjourned. ckie LothIan, Deputy City Clerk 2