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MEMORANDUM
FROM:
Board of Adjustment
...JAA
, Joyce Allgaier, Deputy Director
Sarah Oates, Zoning Officer 'SO
TO:
THRU:
RE:
Lot 1, Block 3, Aspen Grove Subdivision
DATE:
May 19, 2005
SUMMARY: The applicant requests a front yard setback variance for the construction of a
single-family residence. The property is currently a 23,702 square foot vacant lot zoned R-
15B with a required front yard setback of thirty (30) feet. The aj'lplicant is requesting a
twenty (20) foot front yard setback variance for the structure and thirty (30) foot front yard
setback variance for driveway access and associated retaining walls, Retaining walls are
driveways are permitted in setbacks but cannot exceed twenty-four (24) inches above or
below natural grade, which will be exceeded with this proposaL
As shown on the site plan provided in the application, Lot 1, Block 3, Aspen Grove
Subdivision is located in the center of a horseshoe curve on McSkimming Road, The wider
portion of the lot to the north is encumbered with a twenty (20) foot wide utility easement
and a twenty (20) foot wide future utility easement for the adjacent lot. These restrictions
create a situation where the developable area is a ten (10) foot wide strip in the middle of the
horseshoe,
Other than the front yard setback, the proposed structure meets all other dimensional
requirements,
Please refer to the attached drawings and written information provided by the applicants for
a complete presentation of the proposed variance.
APPLICANT:
Warren Maple, LLC and David Maple LLC, represented by Mitch
Haas of Haas Land Planning
LOCATION:
Lot 1, Block 3, Aspen Grove Subdivison
REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.314,040
of the Municipal Code, in order to authorize a variance from the dimensional requirements
of Title 26, the Board of Adjustment shall make a finding that the following three (3)
circumstances exist:
1. Standard: The grant of the variance will be generally consistent with the purposes,
goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title,
Response: Granting the variance will not conflict with the goals of the Aspen
Area Comprehensive Plan or the requirements of the Aspen Municipal Land
Use Code. Staff finds this standard has been met.
2. Standard: The grant of the variance is the minimum variance that will make
possible the reasonable use of tile parcel, building, or structure,
Response: In light of the encumbrances on this lot, the applicant is asking for
relatively few variances. The proposed structure has been designed to fit
appropriately on the lot and within a reasonable building envelope. Staff finds
this standard has been met.
3. Standard: Literal interpretation and enforcement of the terms and provisions of
this title would deprive the applicant of rights commonly erUoyed by other parcels in
the sanle zone district, and would cause the applicant w1l1ecessary hardship or
practical difficulty, In determining whether an applicant's right 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 tile actions of the
applicant; or
b. Granting the variance will not confer upon the applicant any special privilege
denied by the Aspen Area Comprehensive Plan tile terms of this title to other
parcels, buildings or structures, in the same zone district
Response: Literal interpretation and enforcement of the terms and provisions
of this title would deprive the applicant of rights commonly enjoyed by the
other parcels in the same zone district. Denying the variance request would
cause the applicant unnecessary hardship and practical difficulty due to the
cumbersome building envelope created by. the shape of the lot and
requirements of the R-lSB zone district. Staff finds this standard has been
met.
ALTERNATIVES: The Board of Adjustment may consider any of the following
alternatives:
,( Approve the variance as requested.
,( Approve the variance with conditions,
-/ Table action to request further information be provided by the applicants or interested
parties,
-/ Deny the variance finding that the review standards are not met.
RECOMMENDATION: Staff recommends that the request for a twenty (20) foot
front yard setback variance for the structure and thirty (30) foot front yard setback
variance for driveway access and associated retaining walls be approved finding that
the review standards have been met.
RECOMMENDED MOTION: (All motions are worded in the affirmative) "I move to
approve the request for a twenty (20) foot front yard setback variance for the structure and
thirty (30) foot front yard setback variance for driveway access and associated retaining
walls be approved finding that the review standards have been met."
RESOLUTION NO. 02
Series of 2005
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, CASE
NUMBER 05-02, GRANTING FRONT YARD SETBACK VARIANCES FOR LOT 1,
BLOCK 3, ASPEN GROVE SUBDIVISION, CITY OF ASPEN
WHEREAS, Warren Maple, LLC and David Maple, LLC submitted a
request for variance, dated April 14, 2005 to the Board of
Adjustment as outlined in Section 21.04.070(b); and
WHEREAS, this matter came on for hearing before the
Board of Adjustment on May 19, 2005 where full deliberations
and consideration of the evidence and testimony was presented,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact:
1, A request for the variance granted was initiated by:
Warren Maple, LLC and David Maple, LLC on Lot 1 , Block 3,
Aspen Grove Subdivision, Aspen, Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 26-
304-060(E) (3) of the Aspen Municipal Code. Evidence of such
notice is on file with the City Clerk.
3. The grant of variance will be generally consistent with
the purposes, goals, objectives, and policies of the
Aspen Area Community Plan and Chapter 26 of the
Aspen Municipal Code.
4. The grant of variance is the minimum variance that
will make possible the reasonable use of the parcel,
building or structure,
5. The literal interpretation and enforcement of the
terms of Chapter 26 of the Aspen Municipal Code
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 that the applicant's rights
would be deprived absent a variance, the Board
considered certain special conditions and circum-
stances 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,
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 26 of the Aspen
Municipal Code by a to (-) vote:
A twenty (20) foot front yard setback variance for the
construction of a single family residential dwelling unit
and a thirty (30) foot front yard setback variance for the
proposed driveway and retaining walls.
APPROVED AS TO FORM
City Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 19th day of Mav 2005.
Chairperson
I, the undersigned duly appointed and acting Deputy City
Clerk do certify that the foregoing is a true and accurate copy of
that resolution adopted by the Board of Adjustment of the City of
Aspen, Colorado, at a meeting held on the day hereinabove stated.
Deputy City Clerk
2
NOTICE OF PUBLIC HEARING
CASE #05-02
Before the City of Aspen Board of Adjustment
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONJNG OR USE VARIANCE
DESCRIBED BELOW:
Pursuant to the Official Code of Aspen of June 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
calmot appear personally at such meeting, you are urged to state your views by letter, particularly if you
have objection to such varial1Ce, 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
vanance,
Particulars ofthe hearing and requested variance are as follows:
Date and Time of Meeting:
Date: May 19, 2005
Time: 4:00 P.M.
Owner for Variance:
Representative for Variance:
Name:
Warren Maple, LLC & David Maple,LLC
Haas Land Planning, LLC
Address:
595 S. Broadway, Ste, 200
Denver, CO 80209
201 N, Mill St, Ste, 108
Aspen, CO 81611
Location or description of property:
McSkinuning Road, Lot 1, Block 3,Aspen Grove Subdivision
Variances Requested:
The applicant is requesting a twenty (20) foot front yard setback variance for the construction of a single-
family residential dwelling unit and a thirty (30) foot front yard setback variance for the proposed driveway
al1d associated retaining walls,
Will applicant be represented by Counsel: YES: NO: X
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Rick Head, Chairn1an
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Rufus Crockett
P.O, Box 3837
Aspen, CO 81612
June 1,2005
Dear Board of Adjustment,
I am a homeowner in the Aspen Grove Subdivision and submit this letter in opposition to
the granting of the requested setback variance on Lot No.1, Block 3, Aspen Grove
Subdivision,
For ease in presenting my position, I am putting my thoughts in outline form as follows:
1. Aspen Grove is a small neighborhood of modest homes populated almost 100%
by owner occupied full time Aspen residents.
2. An overwhelming majority of these residents strongly oppose the granting of this
variance as evidenced by the turnout of about 25 people at the last hearing. A
large showing for a neighborhood of only 35 homes.
3. The Notice of Public Hearing states: "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". The surrounding
property owners have overwhelmingly opposed the granting of this variance.
4. The developers requesting this variance knew full well of the setback
requirements of both the city/county and the subdivision covenants when they
purchased this lot along with 9 otherS. This is not a "hardship" situation. They
knew in advance that this lot had a limited building envelope. They are asking for
this variance for the sole purpose of maximizing their profits, and our
neighborhood will suffer as a result.
5. The current setbacks and covenants were put in place to maintain the quality of
this subdivision and so far they have worked, creating a beautiful, tree filled
neighborhood.
6. This particular lot is in the middle of the neighborhood on an entire switchback of
McSkimming Road, visible to many of the residents. Granting this variance
would allow for a home to be built almost to the lot line, in a conspicuous place
and out of character in a neighborhood where all the other homes are set back
from the road.
-2-
7. My personal opinion is that this is not a situation where "relief' needs to be
granted. This lot was purchased with the advance knowledge of its restrictions
and the developers will do very well with the other lots purchased in this
package.
8. Historically, the duties of this board have not been to facilitate development,
but to be responsive to the members of the community so as to preserve the
nature of the neighborhood.
I am well aware that the lots purchased in this package will be built to their maximum
legal limit and I do not object to building what is legally allowable. What I am objecting
to is the granting of a variance allowing this particular lot to be built on in a manner other
than proscribed by the legal setbacks of the city/county and our long standing covenants.
Rufus Crockett
May 20, 2005
The City of Aspen Board of Adjustment and Mr. Rick Head
130 S, Galena
Aspen, CO 81611
Dear Rick and the Board of Adjustment,
1 would like thank you and the BOA for listening to the questions and comments
expressed by some of the residents of Aspen Grove regarding the proposed setback
variances on Lot 1, Block 3, I appreciate your decision to delay the vote until June 9th.
I also appreciate the planner's willingness to place stakes and posts on the property to
illustrate how a home might sit on it. This should help my neighborhood have a better
understanding of the situation.
At the beginning of yesterday's meeting, I felt there was some tension in the air regarding
the proper process for people to follow in order to share their opinions. The notice in the
newspaper said that persons were invited to come to the hearing to state their views and
that those who were unable to attend could write letters. Yet it seemed to me that Ms.
Oates and the BOA implied that we, the interested parties from McSkimming Rd., should
have done a lot more homework and should have submitted our comments in writing
before the hearing. I felt we were being told that it was more or less "too late" to wait
until the hearing to become better informed and engage in dialogue. This caught many of
us in the audience by surprise, as we had understood that the meeting was the venue for
clarifying the particulars of the variance application and for giving thoughts about it.
FoJ1t!nately the feeling that we were in the wrong to be asking questions and offering
comments subsided as the BOA listened to us,
After reflecting upon my first experience at a BOA hearing, I have a suggestion or two
regarding how to help the public become better informed about a proposal and how to
help the public abide by the established process for becoming involved, Perhaps the
notice in the paper and the notice on the property in question could give a few more
guidelines: 1. People can contact the Com. Dev. Department for more details.
2. People can submit letters before the meeting, even if they will attend.
3, (Maybe you can think of some more directions that would be helpful),
A policy that disturbed many of us was that only the homes within 300 feet, I believe
that's what we were told, of Lot 1, Block 3 received a notice about the hearing, So only 4
or so residents, in a neighborhood of 20 or more houses, were directly informed of an
issue that could possibly affect many more people, Would the BOA consider increasing
the distance a home lies from the "epicenter" property in order to merit an alert to an
upcoming hearing? It seems that altered setback variances might impact an entire
neighborhood and not only the properties in closest proximity to the project.
Something was said, I believe by one of the planners and not by one of the BOA or city
staff members, that I found to be very insensitive. He or she stated, "If you (meaning all
or one of the McSkimming Rd. homeowners) didn't want this property developed, you
could have bought it yourself." That was a shortsighted, unfair conclusion. Over the
years many residents attempted to approach the previous owner of Lot I, Block 3 to ask
that she contact them when she was pursuing selling her lots, as already established
homeowners in Aspen Grove might be interested in purchasing more land, These efforts
were never responded to, and I think people were disappointed to not be given the chance
to buy and possibly preserve some of the undeveloped land on our road.
My main objective in writing this letter is to say that even responsible, intelligent citizens
can use some guidance regarding how to get involved in issues, particularly those that
pertain to the complex world of planning and zoning. This could be accomplished by
adding a little more information to the BOA notices, and I favor increasing the number of
people to whom notices are delivered.
Again, thank you for answering questions and listening to comments from me, my
husband and my neighbors,
~
6/2/200510:16 AM FROM: Fa:x: TO: 920-5439 PAGE: 002 OF 002
0571 Me Skimming Road
Aspen, CO 81611
1-970-920-1135
May 18, 2005
Board of Adjustment
AHn: Sarah Oates
City of Aspen
130 S, Galena St
Aspen CO 81611
To the Board of Adjustment:
As the owner (with my family) of Lot 9, Block 3 in the Aspen Grove Subdivision
(0571 McSkimming Road), I write to protest the proposed variance on Lot 1, Block 3 to
change the setback from 30 feet to 0-20 feet It would have a negative impact on the
character of our neighborhood, with the potential to decrease property values, In addition,
it would set a precedent for similar variances on the other lots soon to be under
construction in this Block.
I have particular concern that a similar variance on the lot (14) to the west of mine
would allow construction to considerably block the view we presently have to the west,
which would certainly substantially decrease the value of our property, as well negatively
impact the ambience, Let me express the hope that the builders ofthe new houses in our
neighborhood strive to build in a way that minimally impacts the properties of people
presently living in the beautiful Aspen Grove subdivision,
Sincerely,
G cJ- ~Pvo-
Gordon Baym
REcr;n/ED
JUN 1 ZOOS
A1ir'EN
BUILDING DEPARTMENT
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McHUGH ANTIQUES"'" 607 EAST COOPER AVENUE --'" ASPEN, COLORADO 81611 --'" 970,925-4212"'" 970,925-4213 FAX
0571 Me Skimming Road
Aspen, CO 81611
1-970-920-1135
May 18, 2005
To whom it may concern:
As the owner (with my family) of Lot 9, Block 3 in the Aspen Grove Subdivision
(0571 McSkimming Road), I write to protest the proposed variance on Lot 1, Block 3 to
change the setback from 30 feet to 0-20 feet. It would have a negative impact on the
character of our neighborhood, with the potential to decrease property values. In addition,
it would set a precedent for similar variances on the other lots soon to be under
construction in this Block.
I have particular concern that a similar variance on the lot (14) to the west of mine
would allow construction to considerably block the view we presently have to the west,
which would certainly substantially decrease the value of our property, as well negatively
impact the ambience, Let me express the hope that the builders of the new houses in our
neighborhood strive to build in a way that minimally impacts the properties of people
presently living in the beautiful Aspen Grove subdivision.
Sincerely,
G cJ- ~-""o-
Gordon Baym
'> ':"'.:-\.,
.-.-a~ 25 05 03: 40p
. .
. .
. .
....
. .
. .
. .
Roger Davis
970-544-0662
p.l
,--
~.'r~
May 25, 2005
Board of Adjustment
City of Aspen
Aspen City Hall
Dear Board:
I am writing in regard to the development of Lot I, Block 3, on McSkinuning Rd. in the
Aspen Grove Subdivision. That Lot and others on McSkinuning were recently purchased
by a Denver finn, and, I undersbmd, all are scheduled for construction of single-family
homes as per RI5B zoning,
McSkinuning Rd. has been a lovely, quietneighborllood of mainly modest homes since
Fritz Benedict developed it many years ago. Few, if any, other neighborhoods of the town
have been so lucky in retaining the feel of early Aspen. The new homes will be larger and
more luxurious, reflecting modern tastes, but with careful planning they can fit in
reasonably well. I am reconciled to the inevitability of changes, the increase in noise and
traffic, the loss of darkness at night, etc. What is of concern to me is that the developers
of Lot I, Block 3, have asked to build a much larger house than is permitted by the RI5B
regulations. .
The developers presumably well knew that the lot is too narrow for the house, it being a
skinny peninsula formed by a switchback ofMcSkimrning Rd The house they propose
protrudes to the road leaving little or no set hack - where 30{35?}ft is regulation. Being
enveloped by the switchback, the narrow lot tills the view of traffic up and down the
road. It is swept by headlights coming from both directions. A small house set within the
legal setbacks would be much more private and desirable.
I urge the Board to deny the requested variance.
~-nc IY'~~
Rog . Davis
184 cSkimming Road
925-5516
Catherine Garland
318 McSkimming Road
'&'.spen, CO 81611
970.925.3109
RECEIVED
JUN J 2005
Board of Adjustment
Attn. Sarah Oates
C;ty of' Ac'"'''n
. . ....r....
130'South Galena st.
Aspen, CO 81611.
A'YrcN
BUIlDING DI=PADTI!ENT
;Tune 1,2005
Re: Board of Adiustment meeting regarding request for setback variance,
Aspen Grove Subdivision, to beheld ;Tune 9, 2005.
Dear Board of Adjustment Members,
r
This is a follow-up letter concerning the proposed residence to be
constructed on the "finger" lot in Aspen Grove Subdivision and the request
from the developers for a variance in setbacks to enable a large house to be
constructed on this small lot.
I appreciate that the Board of Adjustment requested the developers
to layout the construction site together with the height, and I appreciate
that the developers did that in a timely manner.
Having now studied this, I still feel that the impact of the proposed
structure will be detrimental to the integrity of the neighborhood. The
height is too high and the footprint is too close to the road.
As we, the residents of Aspen Grove Subdivision, and as the developers
well know, our area is highly desirable because of the small houses that are
tucked away in the trees making for a country feeling, even though we're at
the edge of town. If a setback variance is granted, this feeling will be lost
at least for this lot and this alone will impact in a detrimental way the
integrity of the entire subdivision. We will become an ordinary subdivision
just like all the other subdivisions around, and the developers should realize
that this will impact their investment. Many buyers don't simply want a
large house but would rather have a smaller home maintaining the natural
feel of this special area.
(pi ease turn)
When :John Doremus planned this subdivision and since I was married
to him at the time, I know he never dreamed that developers would be
wanting to build such large houses. ! am quite certain that he never
envisioned a house being built on this "finger" lot that was not
commensurate with the other houses being built in the 1960's. I am sure
that otherwise he would not have planned on this particular lot being a
viable building site.
I am not against the developers building a home on this lot, but I feel
that they should adhere to the setbacks of the subdivision they're becoming
a nnr+ of and do +hair pnrt +0 p"otar+ our spec',n' fan+"res +h"c nr"tacHng
r.... . .. .. '...... ..... , . ....-.. ............ -. I ,. .....- r...... .... . II I .
value of life as well as monetary values for us all. Given that this lot is a
small lot, the developers should have taken that into account in. their plans
and should aim at building a smaller house there/congruent with the size and
shape of the lot.
I therefore want to go on record as objecting to any setback variance
and I respectfully request that you, the members of the Board of
AdJ'us+men+ r!anv th'IS ra"uac+
.. "' "" .........., . ......., ....-..
Sincerely,
~i(~e 0~~
'. ", Catherine Garland
,,::-"'
"
HAAS LAND PLANNING, LLC
April 14, 2005
Ms, Sarah Oates, Zoning Enforcement Officer
Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: Variance Application for Lot 1, Block 3, Aspen Grove Subdivision
Dear Sarah:
This is an application for front yard setback variances, to permit the
development of a detached residence and associated driveway on Lot 1, Block 3,
Aspen Grove Subdivision, A copy of the Board of Adjustment application form is
attached as Exhibit 1. This application is being submitted by the owners of the
. property, Warren Maple, LLC, and David Maple, LLC .(hereinafter, "the
applicant"), Proof of the applicants' ownership is attached as Exhibit 2. The
applicant has designated Haas Land Planning! LLC as their representative and a
letter providing such authorization is provided herewith as Exhibit 3, A list of.
property owners (with current mailing addresses of record) within a 300 foot
. radius of the subject property is provided as Exhibit 4,
At our pre-application conference, you confirmed that the proposed
development would require an application to vary the minimum front yard
setbacks for both the residence and its driveway (including associated retaining
walls), Following is an explanation of why these variances are necessary and why
they should be granted.
Need for Variance
The Plat of Block 3 of the Aspen Grove Subdivision was approved by the
Board of County Commissioners on July 1, 1963 and is recorded in Ditch Book 2A
at Page 291. Aspen Grove Subdivision was annexed to the City of Aspen on July
13, 1987 pursuant to Ordinance 26! Series of 1987. The entire subdivision was
zoned R-1SB pursuant to Ordinance 28, Series of 1987, which was also adopted on
July 13, 1987.
The subject property is a 23,702 square foot vacant/undeveloped lot The
applicant affectionately refers to it as "the finger lot", because of its very unusual,
201 N. MILL STREET. SUITE 108 . ASPEN. COLORADO. 81611
PHONE: (970) 925-7819 . FAX: (970) 925-7395
Ms, Sarah Oates
April 14, 2005
Variance Application
and a 10' rear yard setback for this house. That would leave only 10' of width for
the house! which creates a true hardship for the applicant
The applicant proposes to develop a very narrow (approximately 30' wide)
house in this area, The applicant is requesting 20' of relief from the front yard
setback standard for the house and 30' of relief for the driveway and associated
retaining walls. Together, these variances provide the only way for the applicant to
have a beneficial use of this property, Granting of these variances would result in
a 10' front yard setback for the residence, which is quite reasonable in light of the
very narrow width of this unusually shaped lot Further! the "front" property line
is located approximately 20' from the edge of pavement on McSkimming Road; as
such, the proposed residence would be located approximately 30' from the
roadway! thereby maintaining the intent of the setback standard,
Response to Standards for Variance
The applicant has reviewed the standards for variances, as established in
Section 26,314,040 of the Aspen Land Use Code and believes the subject lot
represents precisely the type of situation for which the variance procedure is
intended. Each of the standards for review of a variance request is stated below (in
italics), followed by the applicant's response to the standard,
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:
], The grant of variance will be generally consistent with the purposes, goals,
objectives and policies of the Aspen Area Community Plan and this TItle,
Response: This property has been a platted lot in the Aspen Grove Subdivision
for more than 40 years, During that time, surrounding lots have been developed
with detached residences, first under regulations adopted by Pitkin County and,
since 1987, under regulations adopted by the City of Aspen.
The R-15B zone district was created by the City in 1987, in recognition of the
unique characteristics of the Aspen Grove Subdivision, to which it was applied.
The zone district was a joint effort of neighborhood residents and City officials to
establish a zoning that reflected the conditions in this developing subdivision, and
to permit the continued development of relatively modest sized houses on the lots
in the subdivision. The stated purpose of this zone district is "to provide areas for
long term residential purposes with customary accessory uses."
Lot J, Block 3, Aspen Grove Subdivision
Page 3
Ms. Sarah Oates
April 14, 2005
Variance Application
Response: Although the R-15B zone district was created to reflect the conditions
in the subdivision, it was simply not possible at that time to anticipate all of the
circumstances that would arise with particular lots, The subject lot represents one
of the most unusual situations in the subdivision and could not have been
addressed in the creation of the zone district and its dimensional requirements,
While most lots in the area have relatively traditional shapes, allowing them to
meet the standard setbacks of this zone, this lot has a unique shape that renders it
virtually impossible to do so.
It is also important to note that the one area of the lot that is relatively wider
than the remainder of the lot (the northern portion of the lot) is severely
encumbered, The City of Aspen maintains a 20 foot wide, L-shaped easement with
a water pump station and main. There is also a 20 foot wide reservation of rights
for a future utility easement to serve the adjacent lot to the north. These
encumbrances make it impossible to use what might have otherwise been a
developable portion of this lot
The shape of the parcel and the presence of easement encumbrances!
therefore, represent special circumstances that are unique to this parceL These
circumstances were not created by the applicant Granting of the requested
variance will not confer any special privilege upon the applicant that is not enjoyed
by the other lot owners in the subdivision; rather, it will allow the applicant to
build a modest house that is fully in keeping with those already developed on
other lots in the subdivision,
We look forward to your scheduling of this application for hearing by the
Board of Adjustment If you should have any questions or require additional
information, please do not hesitate to contact me. You can reach me at the
numbers and address provided at the bottom of this letter's first page! or by
email atmhaas@sopris.net.
Very truly yours,
~AND PLANNlNG, LLC
Mitch: Haas
Owner I Manager
Attachments
c:\M:y Documents\City Applications\Aspen Grove\Finger Lot BOA App
Lot 1, Block 3, Aspen Grove Subdivision
Page 5
EXHIBIT
j I
,
.
THE CITY OF ASPEN
BOARD OF ADJUSTMENT
APPLICATION PACKET
DATE 4PR,L 1;;, )2002 CASE#
APPLICANTl!MsLPnlO RAN~'JIlG.LLC ~:r~ PHONE~ 9ZS-1Bl~
MAILINGADDRESS2Q.l ~.~ILL SI:,Slli1t100', ~,Co 8/(011
.
OWNERWARte.\~APl.t,LLt & OAV'DMI\fLE,LLt- PHONE (30~)f33-;?~55
MAILINGADDRESS595r).13~OPfVuJfri.sLllTc;?ro; Wf\~~, CiJ &;;dJ
LOCATION OF PROPERTY l1CSt<I/I\M\~/) RoM); Lot 1. ~~ ~,1tful6PoV€,~'B'DIIILSI~
(Street, Block Number and Lot Number)
WILL YOU BE REPRESENTED BY COUNCIL? YesL No_ (PL^~l'lfR)
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 ;:ase,
1-1-\ ;;/.0' ffJ:;,rr )tie.o ~-r6AU-.VI\R.1flI\U lib I\'U.w.l A 10'~ w~3O' It~ OllfERUJIe,f:
RetlIl1ta>) ~ ~ ~~ 6UI~'OI"0!R,,:;106lJa;;; I\:~'D-,
'i..A?;D' fRp~-rrA;l::O sen3i'Cl( 1i1\1W~CToltu.owl\ ~S61'i3t'a- /,I~30' Ate-
O1I\eR.UlGe' R.;;qtll~ ~ Itje ~ {IR\vewl\'f ~A-55OCII(fEV ~1.:l...6 wA-l-t-S,
p~ R.~ 10 -r~ I1-ccC:>I'\~A,.y,~ Afl>UCA-Tio'> 1211li2-! PlAAS f.O~ Jl!~FiC4Ii0.>5..
Applicant's Signature
REASONS FOR DENIAL OF BUILDING PERMIT, BASED 0 THE ASPEN
CITY CODE, CHAPTER 26. AN OPINION CONCERNING THIS VARIANCE
WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT
STAFF
DATE PERMIT DENIED
DATE OF APPLICATION
OFFICIAL
HEARING DATE
,;,',
i
B
EXHIBIT
Z
,
STATEMENT OF AUTHORITY
(938-30-172, C.R,S,)
;
1.
This Statement of Authority relates to an entity! named WARREN MAPLE, LLC
2, The type of entity is a:
o corporation
o nonprofit corporation
X limited liability company
o general partnership
o registered limited liability partnership
o registered limited liability limited partnership
o limited partnership association
o government or governmental subdivision or
agency
o
o limited partnership
3. The entity is formed under the laws of Colorado
4. The mailing address for the entity is 595 S Broadway, Suite 200, Denver CO 80209 .
5. The X name X position of each person authorized to execute instruments conveying,
encumbering, or otherwise affecting title to real property on behalf of the entity is.
Warren p, Cohen or David A. Gitlitz. as a Manager:
6,2 The authority of the foregoing person(s) to bind the entity is X not limited 0 limited as
follows:
.--
7, Other matters concerning the manner in which the entity deals with interest in real property:
8,3 This Statement of Authority is executed on behalf of the entity pursuant to the provisions of
938-30-172, C.R.S.
Executed this
/1- day of September, 2004.
WARREN MAPLE, LLC
A Colo agp limited lia
;
By:
2
1
This form should not be used unless the entity is capable of holding title to real property.
The absence of any limitation shall be prima facie evidence that no such limitation exists,
The statement of authority must be recorded to obtain the benefits of the statute.
13404.62.9/15/~004 1~:23 AM.SJOH.A0162607.DOC;11
RETURN TO
PfllGN COUN1Y ffilE INC,
601 E. HOPKINS AVr:.
..........., ....""....,.....
~Ob,Ip' I
SPECIAL WARRANTY DEED
~
THIS DEED, Made September 21,2004
between THE JONES FAMILY PARTNERSHIP, LLLP
of the County of ARAPAHOE and State of CO,
of the first part, GRANTOR and WARREN MAPLE LLC, A COLORADO LIMITED LIABILITY
COMPANY AND DAVID MAPLE LLC, A COLORADO LIMITED LIABILITY COMPANY
whose legal address is: 565 So. Broadway, Suite 200, Denver, Co
of the County of 80209 State of Co,
of the second part, GRANTEE
WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten doilars and other
good and valuable considerations, to the said parties of the first part. in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and
conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second
part, its successors and assigns farevet, all the following described lots or parcel of land, situate, lying and being
in the County of PITKIN and State of COLORADO, to wit:
LOT "
BLOCK 3,
ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at
Page 291.
. .
Together with ail and singular the hereditaments. and appurtenances there-unto belonging, or in anywise
appertaining. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof: and
all the estate, right, litie, interesl, claim and demand whatsoever, of the said parties of the first part, either in law
or equity, of, in and to the above bargaine'd premises, with the hereditaments and appurtenances; TO HAVE AND
TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the
second part, ils successors and assigns forever, And Ihe said parties of the first part for themselves, their heirs
and assigns do covenant, grant, bargain and agree 10 and with the said parties of the second part, their
successors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of
the second part, its successors and assigns, against ail and every person or persons lawfuily claiming or 10 claim
the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER
DEFEND, The singular shall include the plural, the plural the singular. and the use of gender shall be applicable to
all genders,
IN WITNESS WHEREOF, the said parties of the first part have hereunto seltheir hand(s) and seal(s),
WE HEREBY CERTIFY THIS TO BE A
TRUE AND CORRECT COPY OF THE
ORIGINAL DOCUMENT.
PITKIN COUNTY TITLE, INC,
BY ~ ,/~1X'~
SIGNATURES ON PAGE 2
1
RrnIRN TO
ffilCIN COUNTY TTTlE INC,
601 E. HOPKINS AVE.
ASPEN.COB1611
RF -'ROPERTY TRANSFER DECLARATIO' '').1000)
GENERAL INFORMATION
PUEilPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure
fair and uniform assessments for all property for property tax purposes, Refer to 39-14-102(4). Colorado Revised Statues
(CRS,),
REQUlREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and
recorder for recordation must be accompanied by a Real Property Transfer Declaration, This declaration must be
completed and signed by the grantor (seller) or grantee (buyer), Refer to 39-14.102(1)(a). C,RS,
P~NAL TY FOR NONCOMPliANCE: Whenever a Real Property Transfer Declaration does not accompany the Deed. the
clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be
returned within thirty days after the notice is mailed,
If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice.
the assessor may impose a penalty of $25,00 or .025% (,00025) of the sale price. whichever is greater, This penalty may
be imposed for any subsequent year that the buyer fails to submit the dectaration until the property is sold. Refer to 39-14-
102 (l)(b). C,RS,
CONFIDENTIAliTY: The assessor is required to make the Real Property Transfer Declaration available for inspection to
the buyer, However. it is only available to the seller if the seller filed the declaration. Information derived from the Real
'Property Transfer Declaration is avaiiable to any taxpayer or any agent of such taxpayer subject to confidentialily
requirements as provided by law. Refer to,39-5--121 ,5. CoRSo and 39-13-102(5)(c). C.RS.
1. Address and/or legal description of real property sold, Please do not use P,O, box numbers
See Attached Exhibit "A"
2. Type of property purchased: [ ] Single Family Residential [ ) Townhome [ ] Condominium [ ] Multi-Use Res
[ 1 Commercial [ ] Industrial [ ] Agricuttural [ ) Mixed Use [Xl Vacant Land [ ] Other
3. Date of Closing:
September 21, 2004
Date of Contract if different than date of closing: ---
March 17, 2004
", ."
4, Total sale price: Indicate the total consideration paid for the property including all real and personal property,
5866.666,66
5, Was any personal property included in the transaction? Personal property would include. but is not limited to,
carpeting. drapes, free standing appliances. equipment. inventory, furniture, If the personal property is not listed, the
entire purchase price will be assumed to be for the real property as per 39-13-120. CoRSo
[ ] Yes [Xl No If yes. Vatue $
Describe
6, Did total sale price include a trade or exchange of additional reat or personal property?
[ ] Yes [Xl No If yes. Value $
If Yes. does this transaction involve a trade under IRS Code Section 1031?
[ ] Yes [Xl No
If yes. the approximate value S
7, Was 100% interest in the real property purchased? Mark "No" if only a partial interest is being purchased.
[XlYes [ ]No If no. interest purchased
%
8, Is this transaction among related parties? Indicate whether the buyer or seller are related, Related parties include
persons within the same family. business affiliates. or affiliated corporation,
[ ] Yes [Xl No
EXHIBIT "A"
LEGAL DESCRIPTION
LOT1,
BLOCK 3,
ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 291.
---
r,.,
"
i
STATE OF COLORADO
COUNTY OF r i-Ytv !\
)
) ss,
)
e foregoing instnunent was acknowledged before me this I q, -f1-.--. day of
I) , 2004, by Warren Cohen, as a manager of WARREN
MAP E, IJ C, a Colorado limited liability company,
~A~,^-LC f{J;!
Notary Public
My Commission Expires:
I 0 /,4 D(o
, I
',.
{END OF SIGNATURES]
",..
.--
{3404,62,9IlSI100-l 02:08 PM.MBARAOI6269S,OOC;1 }DL\99999\40S,6L05
I
~3/23!20e5 14:34
9709632599
BRIIDR ASSOC
I
..
EXHIBIT
3
"
WAAREN MAPLE, LLC
DAVID MAPLE, lLC
595 SOUTH BROADWAY, SUITE 200, DENVER, CO 802109
(0) 303-733.2455 (FAX) 303-7n-6104
March 23, 2005
RE: Aspen Grove Subdivision, Lot 11, Block 1
To whom it may concern:
This letter is intended to serve as authorization for Mitch Haas and Haas Land Planning
("HAAS") (0 represent the owners of the above referenced 101 Warren Maple, LLC, and
David Maple, LLC before the Aspen Board of Adjusters, This letter a.lso authorizes
Haas to perform related woli< on said site,
FOR: Warren Maple, LLC
~ f)a;1
Warren p, tbi/M:na~e~ 9..-.-
FOR: lbavid Maple, LLC
,
Warr
1 'd
IOII.-HL-E:OE:
'd~cJ t~~Id~~ ,u~4oJ
~rE::?-O so E:~ ~.~
;.
Jam Free Printing
Use Averye TEMPLATE 5160e
ASPENGRQVECEMETARYASSOC
CIO MARKALUNAS RAMONA
624 NORTH ST
ASPEN,CO 81611
CAPIEI>COLLlN SUSAN 50%
PO BOX 3057
ASPEN,CO 81611.
GOLDEN CAPL INVEST INC & LARRY
SMITH 50%
C/O THOMAS HELGESON PC
4891 INDEPENDENCE ST STE 170
WHEAT RIDGE, CO 80033
KLING WILLIAM H
2619 LAKE OF THE ISLES PIWVY E
MINNEAPOLIS, MN 55408
PARTYKA VINCENT K
334 MCSKIMMING
ASPEN, CO 81611-2217
SALZMAN EMANUEL & JOANNE 2.2%
1738 WYNKOOP ST-APT 400
DENVER, CO 80202
WARREN BIRCH LLC
DAVID BIRCH LLC
565 S BROADWAY #200
DENVER, CO 80209
-
www.avery.com
1-800-GO-AVERY
-
BAYM FAMILY LLLP
708 W DELAWARE AVE
URBANA, IL 61801
FLEISHER DONALD JOEL
C/O DONALD J FLEISHER CO
200 E MAIN ST
ASPEN, CO 81611
JONES FAMILY PARTNERSHIP LLLP
CIO JEFFREY W BARKER SPICER
JEFFRIES
5251 S QUEBECST #200
GREENWOOD VILLAGE, CO 80111
MAYER HOWARD L & PAULINE MARIE
PO BOX 333
ASPEN, CO 81612
REDWOOD WARREN LLC
REDWOOD DAVID LLC
565 S BROADWAY #200
DENVER, CO 80209
SALZMAN METTA 9,3%
CIO NAOMI SALZMAN AS CUSTODIAN
3325 WY ANDOT ST
DENVER, CO 80211
WILSON CHRISTOPHER D
22 ALICE LN
ASPEN, CA 81611
I
a
EXHIBIT
It
~ AVERY@ 5160C!>
BUTTON ANNE WI SALZMAN JASON
11.5%
3005 HAYWARD PL
DENVER, CO 80211
GARLAND CATHERINE
318 MCSKIMMING RD
ASPEN, CO 81611-2217
KLEIN DEBBIE
546 MCSKIMMING RD
ASPEN, CO 81611
OAK WARREN LLC
565 S BROADWAY #200
DENVER, CO 80209
SALZMAN DANIEL & HOLLY 42,6%
12313 SARDINIA COVE
SAN DIEGO, CA 92130
SHANNON JOEL INGRAM & MARGARET
BARRETT
3119 AVALON PLACE
HOUSTON, TX 77019
ZANIN JUDITH L TRUST
JOSEPH M ZANIN TRUSTEE
0308 MCSKIMMING RD
ASPEN, CO 81611
,-
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""""
IV 8
MEMORANDUM
TO:
Board of Adjustment
THRU:
Joyce Allgaier, Deputy Director
FROM:
Sarah Oates, Zoning Otlicer
RE:
Lot 1, Block 3, Aspen Grove Subdivision
DATE:
September 15, 2005-Continued from August 18,2005
--------------------------------------------------------------
--------------------------------------------------------------
SUMMARY: The applicant requests a front yard setback variance for the construction of a
single-family residence. The property is currently a 23,702 square foot vacant lot zoned R-
15B with a required front yard setback of thirty (30) feet. The applicant is requesting a
twenty (20) foot front yard setback variance for the structure and thirty (30) foot front yard
setback variance for driveway access and associated retaining walls. Retaining walls are
driveways are permitted in setbacks but cannot exceed twenty-four (24) inches above or
below natural grade, which will be exceeded with this proposal.
As shown on the site plan provided in the application, Lot 1, Block 3, Aspen Grove
Subdivision is located in the center of a horseshoe curve on McSkimming Road. The wider
portion of the lot to the north is encumbered with a twenty (20) foot wide utility easement
and a twenty (20) foot wide future utility easement for the adjacent lot. These restrictions
create a situation where the developable area is a ten (10) foot wide strip in the middle of the
horseshoe.
Other than the front yard setback, the proposed structure meets all other dimensional
requirements.
Please refer to the attached drawings and written information provided by the applicants for
a complete presentation of the proposed variance.
APPLICANT:
Warren Maple, LLC and David Maple LLC, represented by Mitch
Haas of Haas Land Planning
LOCATION:
Lot 1, Block 3, Aspen Grove Subdivison
REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.314.040
of the Municipal Code, in order to authorize a variance from the dimensional requirements
of Title 26, the Board of Adjustment shall make a finding that the following three (3)
circumstances exist:
.._-_.---._,..~~.......--.,_.-----;..".~..-
,...."..-,O"................,..,...~..i....'''_,''_'''".,'~.~__~~.,......._"''...>____. ,-,
...........
1. Standard: The grant of the variance will be generally consistent with the purposes,
goals. objectives, and policies of the Aspen Area Comprehensive Plan and this title.
Response: Granting the variance will not conflict with the goals of the Aspen
Area Comprehensive Plan or the requirements of the Aspen Municipal Land
Use Code. Staff finds this standard has been met.
2. Standard: The grant of the variance is the minimum variance that will make
possible the reasonable use of the parcel, building, or structure.
Response: In light of the encumbrances on this lot, the applicant is asking for
relatively few variances. The proposed structure has been designed to fit
appropriately on the lot and within a reasonable building envelope. Staff finds
this standard has been met.
3. Standard: 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 right 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; or
b. Granting the variance will not confer upon the applicant any special privilege
denied by the Aspen Area Comprehensive Plan the terms of this title to other
parcels. buildings or structures, in the same zone district.
Response: Literal interpretation and enforcement of the terms and provisions
of this title would deprive the applicant of rights commonly enjoyed by the
other parcels in the same zone district. Denying the variance request would
cause the applicant unnecessary hardship and practical difficulty due to the
cumbersome building envelope created by the shape of the lot and
requirements of the R-15B zone district. Staff finds this standard has been
met.
ALTERNATIVES: The Board of Adjustment may consider any of the following
alternatives:
,/ Approve the variance as requested.
,/ Approve the variance with conditions.
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,/ Table action to request further information be provided by the applicants or interested
parties.
,/ Deny the variance finding that the review standards are not met.
RECOMMENDATION: Staff recommends that the request for a twenty (20) foot
front yard setback variance for the structure and thirty (30) foot front yard setback
variance for driveway access and associated retaining walls be approved finding that
the review standards have been met.
RECOMMENDED MOTION: (All motions are worded in the affirmative) "I move to
approve the request for a twenty (20) foot front yard setback variance for the structure and
thirty (30) foot front yard setback variance for driveway access and associated retaining
walls be approved finding that the review standards have been met."
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RESOLUTION NO. 02
Series of 2005
"" ",
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, CASE
NUMBER 05-02, GRANTING FRONT YARD SETBACK VARIANCES FOR LOT 1,
BLOCK 3, ASPEN GROVE SUBDIVISION, CITY OF ASPEN
WHEREAS, Warren Maple, LLC and David Maple, LLC submitted a
request for variance, dated April 14, 2005 to the Board of
Adjustment as outlined in Section 21.04.070(b); and
WHEREAS, this matter came on for hearing before the
Board of Adjustment on September 15, 2005 where full deliberations
and consideration of the evidence and testimony was presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact:
1. A request for the variance granted was initiated by:
Warren Maple, LLC and David Maple, LLC on Lot 1, Block 3,
Aspen Grove Subdivision, Aspen, Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 26-
304-060 (E) (3) of the Aspen Municipal Code. Evidence of such
notice is on file with the City Clerk.
3. The grant of variance will be generally consistent with
the purposes, goals, objectives, and policies of the
Aspen Area Community Plan and Chapter 26 of the
Aspen Municipal Code.
4. The grant of variance is the minimum variance that
will make possible the reasonable use of the parcel,
building or structure.
5. The literal interpretation and enforcement of the
terms of Chapter 26 of the Aspen Municipal Code
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 that the applicant's rights
would be deprived absent a variance, the Board
considered certain special conditions and circum-
stances 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.
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Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 26 of the Aspen
Municipal Code by a to (-) vote:
A twenty (20) foot front yard setback variance for the
construction of a single family residential dwelling unit
and a thirty (30) foot front yard setback variance for the
proposed driveway and retaining walls.
APPROVED AS TO FORM
City Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 15th day of September 2005.
Chairperson
I, the undersigned duly appointed and acting Deputy City
Clerk do certify that the foregoing is a true and accurate copy of
that resolution adopted by the Board of Adjustment of the City of
Aspen, Colorado, at a meeting held on the day hereinabove stated.
Deputy City Clerk
2
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HAAS LAND PLANNING, LLC
April 14, 2005
Ms. Sarah Oates, Zoning Enforcement Officer
Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: Variance Application for Lot 1, Block 3, Aspen Grove Subdivision
Dear Sarah:
This is an application for front yard setback variances, to permit the
development of a detached residence and associated driveway on Lot 1, Block 3,
Aspen Grove Subdivision. A copy of the Board of Adjustment application form is
attached as Exhibit 1. This application is being submitted by the owners of the
. property, Warren Maple, LLC, and David Maple, LLC (hereinafter, "the
applicant"). Proof of the applicants' ownership is attached as Exhibit 2. The
applicant has designated Haas Land Planning, LLC as their representative and a
letter providing such authorization is provided herewith as Exhibit 3. A list of
property owners (with current mailing addresses of record) within a 300 foot
radius of the subject property is provided as Exhibit 4.
At our pre-application conference, you confirmed that the proposed
development would require an application to vary the minimum front yard
setbacks for both the residence and its driveway (including associated retaining
walls). Following is an explanation of why these variances are necessary and why
they should be granted.
Need for Variance
The Plat of Block 3 of the Aspen Grove Subdivision was approved by the
Board of County Commissioners on July L 1963 and is recorded in Ditch Book 2A
at Page 291. Aspen Grove Subdivision was annexed to the City of Aspen on July
13, 1987 pursuant to Ordinance 26, Series of 1987. The entire subdivision was
zoned R-15B pursuant to Ordinance 28, Series of 1987, which was also adopted on
July 13, 1987.
The subject property is a 23,702 square foot vacant/undeveloped lot. The
applicant affectionately refers to it as "the finger lot", because of its very unusual,
201 N. MILL STREET, SUITE 108 . ASPEN, COLORADO. 81611
PHONE: (970) 925-7819 . FAX: (970) 925-7395
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Ms. Sarah Oates
April 14, 2005
Variance Application
long, narrow shape.
The applicant proposes to build a detached single-family dwelling on the
property, as illustrated on the attached set of plans. The dimensional requirements
of the R-15B zone district and the proposed conditions on the property are
summarized in Table 1. below.
15,000 sq. ft.
23,702 sq. ft.
280'
10' for the residence; and,
0' for the driveway and
associated retaining walls
10'
In excess of 5'
Not applicable
25'
3,528 sq. ft.
3,407 sq. ft.
Table 1 illustrates that the applicant is able to comply with all of the
dimensional standards of the R-15B zone district in the development of this lot,
with the exception of the 30' front yard setback standard. A review of the site plan
illustrates why the applicant is unable to comply with this standard. It shows that
the widest part of the lot (the northern, or top portion) is encumbered by a utility
easement and a reservation of rights for an additional, future utility easement. The
City of Aspen has installed a water pump station and water main within the
current easement, making it impossible to use what might have otherwise been the
most logically developable portion of this lot. This easement cannot be relocated,
nor can the separate reservation of rights be abandoned/ eliminated.
The remainder of the lot, where the house is proposed to be developed, is
only some 50' wide. The R-15B zone district would require a 30' front yard setback
Lot I, Block 3, Aspen Grove Subdivision
Page 2
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Ms. Sarah Oates
April 14, 2005
Variance Application
and a 10' rear yard setback for this house. That would leave only 10' of width for
the house, which creates a true hardship for the applicant.
The applicant proposes to develop a very narrow (approximately 30' wide)
house in this area. The applicant is requesting 20' of relief from the front yard
setback standard for the house and 30' of relief for the driveway and associated
retaining walls. Together, these variances provide the only way for the applicant to
have a beneficial use of this property. Granting of these variances would result in
a 10' front yard setback for the residence, which is quite reasonable in light of the
very narrow width of this unusually shaped lot. Further, the "front" property line
is located approximately 20' from the edge of pavement on McSkimming Road; as
such, the proposed residence would be located approximately 30' from the
roadway, thereby maintaining the intent of the setback standard.
Response to Standards for Variance
The applicant has reviewed the standards for variances, as established in
Section 26.314.040 of the Aspen Land Use Code and believes the subject lot
represents precisely the type of situation for which the variance procedure is
intended. Each of the standards for review of a variance request is stated below (in
italics), followed by the applicant's response to the standard.
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:
1. The grant of variance will be generally consistent with the purposes, goals,
objectives and policies of the Aspen Area Community Plan and this Title.
Response: This property has been a platted lot in the Aspen Grove Subdivision
for more than 40 years. During that time, surrounding lots have been developed
with detached residences, first under regulations adopted by Pitkin County and,
since 1987, under regulations adopted by the City of Aspen.
The R-15B zone district was created by the City in 1987, in recognition of the
unique characteristics of the Aspen Grove Subdivision, to which it was applied.
The zone district was a joint effort of neighborhood residents and City officials to
establish a zoning that reflected the conditions in this developing subdivision, and
to permit the continued development of relatively modest sized houses on the lots
in the subdivision. The stated purpose of this zone district is "to provide areas for
long term residential purposes with customary accessory uses."
Lot 1, Block 3, Aspen Grove Subdivision
Page 3
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Ms. Sarah Oates
April 14, 2005
Variance Application
Granting of the requested variance will permit a residence to be developed
on the lot, in compliance with the stated purpose of the R-15B zone district.
Development of a residence on this lot would be consistent with the City's ongoing
planning efforts to encourage infill development in existing neighborhoods,
thereby making the most efficient use of the City's infrastructure and also helping
to contain new growth within the already developed portions of the Aspen area.
Finally, since the R-15B zone district prohibits the development of an on-site ADU,
this development will contribute to the City's housing goals through payment of
an in-lieu housing fee to mitigate the impacts of the new free market unit.
The applicant is not aware of any other adopted City planning or zoning
policies or goals that relate to the proposed development of this lot. As
demonstrated above, the requested variance is generally consistent with the
purposes, goals, objectives and policies of the AACP and the Land Use Code.
2. The grant of variance is the minimum variance that will make possible the
reasonable use of the parcel, building or structure.
Response: As shown on the site plan, despite the narrow width of the parcel,
the applicant has planned the property to comply with the rear yard setback and
both of the side yard setbacks, and has provided a 10' front yard setback for the
residence. This has been achieved by designing a long, narrow house that reflects
the shape of the parcel, and by limiting the width of the house to not more than 30',
an extremely narrow house in today's residential market. These efforts
demonstrate the applicant's commihnent to requesting the minimum variance that
is needed to allow reasonable use of this parcel.
3. Literal interpretation and enforcement of the terms and provisions of this Title
would deprive the applicant of rights commonly erifoyed by other parcels in the
same zone district and would cause the applicant unnecessary hardship or practical
difficulty. In determining whether an applicants rights would be deprived, the
board shall consider whether either of the following conditions apply:
a. There are special 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; or
b. Granting the variance will not confer upon the applicant any special
privilege denied by the Aspen Area Comprehensive Plan and the terms of
this title to other parcels, buildings or structures in the same zone district.
Lot 1, Block 3, Aspen Grove Subdivision
Page 4
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Ms. Sarah Oates
April 14, 2005
Variance Application
Response: Although the R-15B zone district was created to reflect the conditions
in the subdivision, it was simply not possible at that time to anticipate all of the
circumstances that would arise with particular lots. The subject lot represents one
of the most unusual situations in the subdivision and could not have been
addressed in the creation of the zone district and its dimensional requirements.
While most lots in the area have relatively traditional shapes, allowing them to
meet the standard setbacks of this zone, this lot has a unique shape that renders it
virtually impossible to do so.
It is also important to note that the one area of the lot that is relatively wider
than the remainder of the lot (the northern portion of the lot) is severely
encumbered. The City of Aspen maintains a 20 foot wide, L-shaped easement with
a water pump station and main. There is also a 20 foot wide reservation of rights
for a future utility easement to serve the adjacent lot to the north. These
encumbrances make it impossible to use what might have otherwise been a
developable portion of this lot.
The shape of the parcel and the presence of easement encumbrances,
therefore, represent special circumstances that are unique to this parcel. These
circumstances were not created by the applicant. Granting of the requested
variance will not confer any special privilege upon the applicant that is not enjoyed
by the other lot owners in the subdivision; rather, it will allow the applicant to
build a modest house that is fully in keeping with those already developed on
other lots in the subdivision.
We look forward to your scheduling of this application for hearing by the
Board of Adjustment. If you should have any questions or require additional
information, please do not hesitate to contact me. You can reach me at the
numbers and address provided at the bottom of this letter's first page, or by
email atmhaas@sopris.net.
Very truly yours,
~LAND PLANNING, LLe
Mitcn Haas
Owner/Manager
Attachments
c:\My Documents\City Applications\Aspen Grove\Finger Lot BOA App
Lot 1, Block 3, Aspen Grove Subdivision
Page 5
EXHIBIT
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THE CITY OF ASPEN
BOARD OF ADJUSTMENT
APPLfCATION PACKET
DATE APRIL 1;),) 20~ CASE#
APPLlCANT1\MsLiWO RArJ~,~,LLC ~:r~ PHoNElrti 9z5-1519
MAILINGADDRESS~l ~. ~ILL S~,S('\I1f.100~~. Co tWol1
.
OWNERW~RLa.\~AfttILLt & OM'OMN>L6,LLt- PHONE (30~)133- ;;?~55
MAILING ADDRESS 515 rS.13rol\~i.s~rrB7LD; \kt-l~€R. CD &J;df
LOCA nON OF PROPERTY -OO~Sl<IIl\M\I.~ ~ j Lo, 1. ~~~: ~ 6Rov€,~'8DI~lSI~
(Street, Block Number and Lot Number)
WILL YOU BE REPRESENTED BY COUNCIL? YesL No_ (Plt\p.j~6R)
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 pase.
1./'1 ~O' ~fii2.o ~-reI\U.vA,R\AAU l7oA'U.ouJA lo'~IIJ~~~ cmt~l.l.ll~
R~(l\.Il~) fOil- ~ ~ 6o.ll~Vt"6/RE3J~CE; At-\.'D,I
2oA?;D' FJ?p~'fl\fo se-f6I>c.l( VIII!..II'I.'>I::ELTo/tu.ew" ~~ w~:,o' lite-
~1t.ulbE' ~6l?t,(I~~ ''Ie ~ ~\"ew^'f.{A-e.S>OCl~~~jlI€> IUAI.4S.
p~ R,oc;reL 10 I~ Il-Ccc>"'~4\I'YI,)(;, AWu~1io.:> I.e'1"'tOB-.l. p~S R.. Jo.l~FiD\T~.
Applicant's Signature
REASONS FOR DENIAL Of BUILDING PERMIT, BASED 0 THE ASPEN
CITY CODE, CHAPTER 26. AN OPINION CONCERNING THIS VARIANCE
WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT
STAFF
DATE PERMIT DENIED
DATE OF APPLICATION
OFFICIAL
HEARING DATE
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EXHIBIT
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,
STATEMENT OF AUTHORITY
(~38-30-172, C.R.S.)
j
1.
Tills Statement of Authority relates to an entity I named WARREN MAPLE, LLC
2. The type of entity is a:
o corporation
o nonprofit corporation
X limited liability company
o general partnership
o registered limited liability partnership
o registered limited liability limited partnership
o limited partnership association
o government or governmental subdivision or
agency
o
o limited partnership
3. The entity is formed under the laws of Colorado
4. The mailing address for the entity is 595SBroadway,Suite 200, Denver CO 80209 .
5. The X name X position of each person authorized to execute instruments conveying,
encumbering, or otherwise affecting title to real property on behalf of the entity is .
Warren P. Cohen or David A. Gitlitz. as a Manager;
6.2 The authority of the foregoing person(s) to bind the entity is X not limited 0 limited as
follows:
.--
7. Other matters concerning the manner in which the entity deals with interest in real property:
8. 3 Tills Statement of Authority is executed on behalf of the entity pursuant to the provisions of
~38-30-172, C.R.S.
Executed this
{ 1- day of September, 2004.
WARREN MAPLE, LLC
A Colo gp limited lia
I
By:
2
3
Tills form should not be used unless the entity is capable of holding title to real property.
The absence of any limitation shall be prima facie evidence that no such limitation exists.
The statement of authority must be recorded to obtain the benefits of the statute.
(3404.62.9/15/2004 li:23 AM.SJOH.A0162667.DOC:l1
RETURN TO
Pl'I1<1N COUN1Y TITLE INC.
601 Eo HOPKINS AV[
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STATEMENT OF AUTHORITY
(~ 38-30-172, C.R.S.)
j
I. This Statement of Authority relates to an entity I named DAVID MAPLE, LLC
2. The type of entity is a:
o corporation
o nonprofit corporation
X limited liability company
o general partnership
o registered limited liability partnership
o registered limited liability limited partnership
o limited partnership association
o government or governmental subdivision or
agency
o
o limited partnership
3. The entity is formed under the laws of Colorado
4. The mailing address for the entity is 595 S Broadway, Suite 200, Denver CO 80209 .
5. The X name X position of each person authorized to execute instrumenis conveying,
encwnbering, or otherwise affecting title to real property on behalf of the entity is .
Warren P. Cohen or David A. Gitlitz. as a Manager:
6.2 The authority of the foregoing person(s) to bind the entity is X not limited 0 limited as
follows: . . .
"--
7. Other matters concerning the manner in which the entity deals with interest in real property:
8. l This Statement of Authority is executed on behalf of the entity pursuant to the provisions of
~38-30-172, C.R.S.
Executed this
11
day of September, 2004.
DA MAPLE, LLC
A Col rado limited lia it" company
,
By:
2
l
This form should not be used unless the entity is capable of holding title to real property.
The absence of any limitation shall be prima facie evidence that no such limitation exists.
The statement of authority must be recorded to obtain the benefits of the statute.
{3404.62.9/15/2004 11:53 ~~.SJOH.A01626BO.DOC;ll
- RETUIIN 1'0
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,01 E. HOPKINS A~ ,
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SPECIAL WARRANTY DEED
4
THIS DEED, Made September 21,2004
between THE JONES FAMILY PARTNERSHIP, LLLP
of the County of ARAPAHOE and State of CO,
of the first part, GRANTOR and WARREN MAPLE LLC, A COLORADO LIMITED LIABILITY
COMPANY AND DAVID MAPLE LLC, A COLORADO LIMITED LIABILITY COMPANY
whose legal address is: 565 So. Broadway, Suite 200, Denver, Co
of the County of 80209 State of Co,
of the second part, GRANTEE
WITNESSETH. That the said parties of the first part, for and in consideration of the sum of Ten dollars and other
good and vaiuabie considerations. to the said parties of the first part, in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and
conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second
part, its successors and assigns forever. all the following described lots or parcei of land, situate, iying and being
in the County of PITKIN and State of COLORADO, to wit:
LOT1,
BLOCK 3,
ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at
Page 291.
Together with all and singular the hereditaments. and appurtenances there-unto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, litle, interest, claim and demand whatsoever, of the said parties of the first part, either in law
or equity, of. in and to the above bargaine'd premises, with the hereditaments and appurtenances; TO HAVE AND
TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the
second part. its successors and assigns forever. And the said parties of the first part for themselves, their heirs
and assigns do covenan~ gran~ bargain and agree to and with the said parties of the second part, their
successors and assigns. the above bargained premises in the quiet and peaceable possession of said parties of
the second part, ns successors and assigns, against all and every person or persons lawfully claiming or to claim
the whole or any part thereof. by through or under the said parties of the first part to WARRANT AND FOREVER
DEFEND. The singular shall include the plural, the plurat the singular, and the use of gender shall be applicable to
all genders.
IN WITNESS WHEREOF. the said parties of the first part have hereunto set their hand(s) and seal(s).
WE HEREBY CERTIFY THIS TO BE A
TRUE AND CORRECT COPY OF THE
ORIGINAL DOCUMENT.
PITKIN COUNTY TITLE. INC.
BY -is . (~$;~
SIGNATURES ON PAGE 2
1
REroRN TO
fITl(JN COUN'lYTmE INC.
601 E. HOPKINS AVE.
ASPEN,COB1611
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PAGE 2 TO SPECIAL WARRANTY DEED
SIGNATURE PAGE
~
THE JONES FAMILY PARTNERSHIP, LLLP
e ( Joov.
Olivia Jones Je e ark r
Trustees of the Olivia Jones Revocable Trust ulafd Dece r 24, 003. General Partner
STATE OF ~~ )
ss
COUNTY OF "l::Ef)Jv/ER.. )
TheJWOing instrument was acknowledged before me this /7QL day of
Oi.. . 200!1 By: THE JONES FAMILY PARTNERSHIP, LLLP, By: Olivia Jones
and Jeffrey Barker, Truslees of the Olivia Jones Revocable Trust u/ald December 24, 2003,
General Partner.
WITNESS my hand and official seal
~~
Notary Public
my commission expires: 7- 2.$ - oB
PCT1885
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RE' ""'-'<ROPERTY TRANSFER DECLARATIO'
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-').1000)
GENERAL INFORMATION
PU~POSE: The Real Property Transfer Declaration provides essential information to the county aSSessor to help ensure
fair and uniform assessments for ali property for property tax purposes. Refer to 39-14-102(4), Coiorado Revised Statues
(C.R.S.).
~EQUlREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and
recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be
completed and signed by the grantor (selier) or grantee (buyer). Refer to 39-14-102(1 )(a), C.RS.
P!=NAL TY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the Deed, the
. clerk and recorder notifies the county assessor who wili send a notice to the buyer requesting that the declaration be
returned within thirty days after the notice is mailed.
If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice,
the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price. whichever is greater. This penalty may
be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39- t 4-
102 (1)(b). C.RS.
CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to
the buyer. However, it is only available to the seller if the selier filed the declaration. information derived from the Real
Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality
requirements as provided by law. Refer to .39-5-121.5, CRS. and 39-13-1 02(5)(c), C.RS.
1. Address and/or legal description of real property sold. Please do not use P.O. box numbers
See Attached Exhibit "A"
2. Type of property purchased: [ J Single Family Residential [ ] Townhome [ ] Condominium [ ] Multi-Use Res
[ ] Commercial [ ] Industrial [ ] Agricultural [ ] Mixed Use [Xl Vacant Land [ ] Other
3. Date of Closing:
September 21, 2004
Date of Contract if different than date of closing:
March 17, 2004
, .
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.
4. Total sale price: Indicate the total consideration paid for the property including ali real and personal property.
S866,666.66
5. Was any personal property included in the transaction? Personal property would include, but is not limited to,
carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the
entire purchase price will be assumed to be for the real property as per 39-13-120. C.RS.
[ ] Yes [Xl No If yes, Value S
Describe
6. Did total sale price include a trade or exchange of additional real or personal property?
[ ] Yes [Xl No If yes, Value $
If Yes, does this transaction involve a trade under IRS Code Section 10317
[ ] Yes [Xl No
If yes, the approximate value $
7. Was 100% interest in the real property purchased? Mark "No" if only a partial interest is being purchased.
[XlYes [ ]No if no, interest purchased
%
B. Is this transaction among related parties? Indicate whether the buyer or selier are related. Related parties include
persons within the same family, business affiliates, or affiliated corporation.
[ J Yes [Xl No
[ ] New [ ]Excellent [
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]Gooc' \verage [ ] Fair [ ]Poor [ ]Salvage
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IF THE PROPERTY IS FINANCEu. r'lEASE COMPLETE THE FOllOWING.
10. Total amount financed: $866,666.66
,
11. Type of financing: (Check all that apply)
[Xl New
I [ ] Assumed
[ ] Seller
[ ] Third Party
[ ] Combination; Explain
~
\
. 12. Terms:
[~Variable; Starting Interest Rate ~eJ~ %
[ ] Fixed; Interest Rate %
[;(iLength of time fJ vears
r ] Balloon Payment ] Yes [ ] No If yes, amount S
. due date
13. Please explain any speciallerms, seller concessions, or financing and any other information that would help the
assessor understand the terms of sale.
For properties other than residential (Residential is defined as : Single family detached, town homes. apartments and
condominiums) please complete questions 14-16 if applicable. OthelWise. skip to #17 to complete.
14. Did the purchase price include a franchise or license fee? ( jYes [X] No
If yes, francise or license fee value $
15. Did the purchase price involve an installment land contract? [ ] Yes [X] No
If yes, date of contract
16. If this was a vacant land sale, was on-site'insRection of the property conducted by the buyer prior to the closing?
[X] Yes [ I No
.--
Remarks: Please include any additional information conceming the sale you may feel is important.
f1~ (1 ~/) ..1
17. Signed: This day of )<-{'Iz,u'/'f';. '2.0Cl'f- .
Enter the day, month an y ~ have at least one of the parties to the transaction sign the document, sign the document,
and inclucj'l. an addres1'~ ~ d ytime phone number. Please designate buyer or seller.
/' "
( ) 7,o~,rti1~1(l1
Phone Number (mandatory)
Slgnatur of Grantee Buyer) or Grantor (Seller) [
5'1<; Sa:> ~f'l<)JJwM1
Address (mailing) --,
~.u\CP G. 9,O'dC19
City, State ancrzip Code
".'~,
~.
....."
,
,
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 1,
BLOCK 3.
ASPEN GROVE SUBDIVISION. according to the Plat thereof recorded in Ditch Book 2A at Page 291.
---
C'
~
\
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
year and date ftrst above written.
j
CO-TENANTS:
DAVID MAPLE, LL ,
a Colorado limited Ii pany,
;'
, Manager
By:
STATE OF COLORADO )
"h I j \ ! 5S.
COUNTY OF ~
~1;iorTgOing instrument was acknowledged before me this ~ ( day of
.S >r1A bFp ,2004, by David A. Gitlitz, as a manager ofDA VID MAPLE,
LLC, a olorado limited liability company.
Vincent J. Higens I Notary Public
My Commission Expires 6(.!512007 ., . .
601 E. Hopkins
Aspen, CO 61611
'--
My Commission Expires:
{SIGN1..TU~ES Co,/yTTNUED ON FOLLOWING PAGE}
(3404.62.9/1512004 02:08 PM.MBAR.AO 162695.DOC;IIDl\99999\405361.05
6
.-.,....--.............. ""'''-;'",,"
'.
~
STATE OF COLORADO
COUNTY OF r i-\--V0 f'I
-
-
-""">"
,
)
) ss.
)
e foregoing instrument was acknowledged before me this I ~ ~ day of
o , 2004, by Warren Cohen, as a manager of WARREN
MAP E, U C, a Colorado limited liability company.
,&A~tA-LC f{lJ
Notary Pubhc
My Commission Expires: ! D /7f/ Dk:>
[END OF SIGNATURES]
",..
".---
(l404.62.9/15/l004 02:08 PM.MBARAOI62695.00c;1 }DL\99999\4W61.05
1
.........
,......
EXHIBIT A
~
LEGAL DESCRIPTION OF PROPERTY
Lot I I, Block I, ASPEN GROVE SUBDIVISION, according to the plat thereof filed for record
in Ditch Book 2A at page 246, Pitkin County, Colorado containing 0.40 acres, more or less.
"..
---
{J404.62.9I1ll2004 02:08 PM.MBAR.AOI6269l.00c;I}OU99999\40ll61.04
2
.."._--,.......,'"
~3/23~2e05 14:34
97e9632699
BR I I<OR ASSOC
EXHIBIT
I 3
WAAREN MAPI..E, LlC
DAVID MAPl..E, LlC
595 SOUTH BROADWAY, SUITE ZOO, DENVER, CO a02lil9
(0) 303-133-2455 (FAX) 303-7n-6104
March 23, 2005
RE: Aspen Grove Subdivision. Lot 11, Block 1
To whom it may concern:
This letter is intended to serve as authorization for Mitch Haas and Haas Land Planning
("HAAS") to represent the owners of the above referenced lot Warren Maple, LLC, and
David Maple, LLC before the Aspen Board of Adjusters. This letter e.lso authorizes
Haas to perform related worle on said site.
FOR: Warren Maple, LLC
~ ()
Warren P. C en, Manager
FOR: fbavid Maple, LLC
.n
I . 01
1011.-tH-eoe
.d~gJ tW~lde~ ,U~40J
.I18'cO SO 8Z .Jew
Jam Free PrInting
Use Averye TEMPLATE 5160<<ll
ASPEN GROVE CEMETARY ASSOC
C/O MARKALUNAS RAMONA
624 NORTH ST
ASPEN,CO 816t1
CAPIEL-COLLlN SUSAN 50%
PO BOX 3057
ASPEN, CO 81611
GOLDEN CAPL INVEST INC & LARRY
SMITH 50%
C/O THOMAS HELGESON PC
4891 INDEPENDENCE ST STE 170
WHEAT RIDGE, CO 80033
KLING WILLIAM H
2619 LAKE OF THE ISLES PKiNY E
MINNEAPOLIS, MN 55408
PARTYKA VINCENT K
334 MCSKIMMING
ASPEN, CO 81611-2217
SALZMAN EMANUEL & JOANNE 2.2%
1738 WYNKOOP ST-APT 400
DENVER, CO 80202
WARREN BIRCH LLC
DAVID BIRCH LLC
565 S BROADWAY #200
DENVER, CO 80209
".,
.....
-
www.avery.com
1-800-GO-AVERY
-
BAYM FAMILY LLLP
708 W DELAWARE AVE
URBANA,IL 6t801
FLEISHER DONALD JOEL
C/O DONALD J FLEISHER CO
200 E MAIN ST
ASPEN, CO 81611
JONES FAMILY PARTNERSHIP LLLP
C/O JEFFREY W BARKER SPICER
JEFFRIES
.5251 S QUEBEC ST #200
GREENWOOD VILLAGE, CO 80111
MAYER HOWARD L & PAULINE MARIE
PO BOX 333
ASPEN, CO 81612
REDWOOD WARREN LLC
REDWOOD DAVID LLC
565 S BROADWAY #200
DENVER, CO 80209
SALZMAN METTA 9.3%
C/O NAOMI SALZMAN AS CUSTODIAN
3325 WYANDOT ST
DENVER, CO 80211
WILSON CHRISTOPHER D
22 ALICE LN
ASPEN, CA 81611
-,
EXHIBIT
It
. ,.,"
I
~ AVERY@ 5160<<ll
BUTTON ANNE W/ SALZMAN JASON
11.5%
3005 HAYWARD PL
DENVER, CO 802t1
GARLAND CATHERINE
318 MCSKIMMING RD
ASPEN, CO 81611-2217
KLEIN DEBBIE
546 MCSKIMMING RD
ASPEN, CO 81611
OAK WARREN LLC
565 S BROADWAY #200
DENVER, CO 80209
SALZMAN DANIEL & HOLLY 42.6%
12313 SARDINIA COVE
SAN DIEGO, CA 92130
SHANNON JOEL INGRAM & MARGARET
BARRETT
3119 AVALON PLACE
HOUSTON, TX 77019
ZANIN JUDITH L TRUST
JOSEPH M ZANIN TRUSTEE
0308 MCSKIMMING RD
ASPEN,CO 81611
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9709252334
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John Robert Werning JIlt! A"od~les
InveSlIllent Brokers
905 E_ Hopkins
Aspen, Colorado 81611
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Susan CapieVCollin
400 McSkimming Road
Aspen, CO 81611
8U'~"".
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September 21, 2005
Community Dewlopment Department
City of Aspen
130 South Galena Street
Aspen, CO 81611
Re: Lot 1, Block 3, Aspen GroIe Subdilision
Dear Community Dewlopment,
I am an owner of Lot 7, Block 2, Aspen Grow SutlcliIision which is located directly across the street from Lot 1, Block 3
Aspen Grow Subdilision. I will be affected by the gtanling of the wriance requested by the owner of Lot 1, Block 3. I will also
be aIIiBcted b'f the "interplllation d text" d the land use code racentIy granted by the community dewIopment director
concerning the definition of front yard or front lot line on such Lot 1, which would make the requested wriance unnecessary
and would allow the dewIopment desired by the lot owner to p1oceed.
One only has to dINe up McSkinvning Road to notice that all our neighbolhood homes are situated behind the 30 foot setback
and mostly with trees shielding each from the roadway, which minimizes the lisual impact of each structure. The unusual
shape of the lot in question dema'lds a better mitigation elbt so that one wi. not hale the impression of'lUrming into a wall'
as you driw around the Cline tl'll\oeling up the hill.
I hale attended both '-ings d the Board d Adjustments, and others which hale ~ postponed, to bring your attention to
this matter, along with my neighbor, Rufus Crockett, and other concerned citizens of our subdilision. Rufus oflered to file an
appeal of the "interpretation" and since we do not hale assessments or an executillll board of 0l.I' hornecMnenI association, I
agreed he should proceed with an ~I. I would like to join with the appeal lied b'f Rufus Crockett as I am a directly alJected
homeowner, residing right across the street from the proposed building.
~~&r~tw
Susan CapieVCollin
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002 OF 002
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0571 Me Skimming Road
Aspen, CO 81611
1-970-920-1135
September 14, 2005
Board of Adjustmcnt
Attn: Sarah Oates
City of Aspen
130 S. Galena St.
Aspen CO 81611
To the Hoard of Adjustment:
As the owner (with my family) of Lot 9, Block 3 in the Aspen Grove Subdivision
(0571 McSkimming Road), I write in support ofthe appeal to disallow the variance on
Lot 1, Block 3 which changes the setback from 30 feet to 0-20 feet. I ask you kindly that
this letter be considered at the appeal proceedings this Thursday.
Allowing huilding so close to the road would have a negative impact on the character of
our neighborhood, with the potential to decrease property values. In addition, it would
set a precedent for similar variances on the other lots soon to be under construction in this
Block.
I have particular concern that a similar variance on the lot (14) to the west of mine
would allow construction to considerably block the view we presently have to the west,
which would certainly substantially decrease the value of our property, as well negatively
impact the ambience. Let me express the hope that the builders of the new houses in our
neighborhood strive to build in a way that minimally impacts the properties of people
presently living in the heautiful Aspen Grove suhdivision.
Sincerely,
G ~ 0P(r--
Gordon Baym
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-AGENDA
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ASPEN BOARD OF ADJUSTMENT
THURSDAY, June 09, 2005
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. CONTINUED PUBLIC HEARINGS
a. Case #05-02. Request for a twenty (20) foot front yard setback
variance for the construction of a single-family residential dwelling unit
and a thirty (30) foot front yard setback variance for the proposed
driveway and associated retaining walls for Lot 1, Block 3, Aspen
Grove Subdivision, Warren Maple, LLC and David Maple, LLC.
b. Case #05-03. Request for a twenty-six (26) foot front yard
setback variance for 102 Eastwood Drive, Kyle Boyd Residence.
V. ADJOURN
ASPEN BOARD OF OJUSTME'Nf-MEETING - MIOTES - Mav 19, 2005
Case #05-02 Request for a thirty-foot (30') front yard setback variance for the
construction of a residence on Lot I, Block 3, Aspen Grove Subdivision. .............. 2
MINUTES ................................................................................................................. 6
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I
ASPEN BOARD OF OJUSTMEN'fMEETING - MIOTES - May 19, 2005
Rick Head opened the Board of Adjustment meeting in Council Chambers with
Charles Paterson, Mark Hesselschwerdt and Peter McClain present. Howard
DeLuca, Jag Pagnucco and Elizabeth Atkins were excused. Staff present: Sarah
Oates, Zoning Officer; John Worcester, City Attorney; Jackie Lothian, Deputy City
Clerk.
Case #05-02 Request for a thirty-foot (30') front yard setback variance for the
construction of a residence on Lot 1, Block 3, Aspen Grove Subdivision.
Rick Head opened the Board of Adjustment Meeting on Lot I, Block 3, Aspen
Grove Subdivision for a 30-foot front yard setback variance for a residence and
proposed driveway. Mitch Haas and Christian Peterson represented the applicant.
The notice of posting and mailing was provided.
Sarah Oates said the site plans that were submitted, which showed the 20 foot wide
developable area without a variance. Staff recommended approval for the 30 front
yard setback variance to allow for the construction of a driveway and single family
residence.
~
Mitch Haas said it was their feeling that this kind oflot was exactly why there was
a variance procedure in the city; the lot was long and narrow and encumbered with
easements and utility mains that were not capable of being moved. Haas said they
were left with a 50 foot wide strip ofland on which to build; this subdivision was
legally created and annexed into the city so it was a developable lot to begin with.
Haas stated with the setback requirements it does not leave a reasonable
developable piece of property to build a house on; the proposed design was very
reasonable with a 30 foot wide structure at the widest portion and doesn't use all of
the available FAR. The rear yard setback was complied with and both side yard
setback as well as all dimensional requirements. Haas said it was the only way to
get a reasonable use of the property and there was a 20 foot gap between
McSkimming Road and the property line so there would be 30 feet between the
house and McSkimming Road, which addresses the spirit of the set back
requirement. There were a lot of trees on the property and they worked with the
topography. Haas spoke to some of the neighbors about the proximity to the
switchback portion ofthe property. Haas said to grant the variance they were
willing to say they will not place the building near the switchback area.
Christian Peterson said they have had a discussion with some of the neighbors and
the idea was to preserve as many of the trees and propose a structure that complies
with everything they were entitled to. Peterson said they have studied the safety
aspects of the lot for fire access and plowing.
2
ASPEN BOARD OF OJUSTMENt-MEETING - MI()TES - Mav 19. 2005
Public Comments:
I. Catie Garland, public, said the developers and builders had an excellent
reputation however this was a very special neighborhood with a country feeling
and this lot was so narrow that it wasn't suitable for a building. Garland said by
granting this variance it changes the whole feeling of this very special
neighborhood and they want to protect the integrity of what is there. The
neighbors in the audience agreed. Garland said they wondered why this lot was
okayed for a building permit. Rick Head responded that with all due respect it
was the original owner, John Doremus, that laid out the subdivision. Head
explained that the Board of Adjustment was here to take this case on the merits as
it was seen.
2. Ricki McHugh, public, asked why the city thinks this variance should be
approved; what were the reasons. Sarah Oates replied that they should have come
in and read the application. Head asked if the neighborhood would want a house
that was 10 feet wide by 100 feet or something that was appropriate for the
neighborhood. Head stated the notice was in the newspaper ~r the homeowners
within 300 feet should have received the notice.
3. Rufus Crockett, public, stated objection to the variance and building.
4. Peter Kelly, public, said they were asking for a 30 foot set back with the
length of the house and what was the square footage of the house. Haas replied the
house was 3407 square feet. Kelly voiced concern for snow removal and
pedestrian safety.
5. Clark Greenland, public, objected to going forward with a vote for the
obvious reasons that none of the neighbors had a map of the proposed design so
there could not be written comments without the map. Head noted that not
granting the variance would cause unnecessary hardship and difficulty; a 10 foot
wide house was not consistent with the other houses in the neighborhood in his
mind.
6. Roger Davis, public, asked why there were regulations in the first place.
7. Margaret Shannon, public, brought in a map that illustrated the road, this lot
and her 2 lots across the road. Shannon said that they would waive their objections
if they agreed to limit the building so the variance did not extend all the way to the
end; she suggested a condition that ran with the land that no building be permitted
in that area. Haas stated their intent was not to build in the end of the "finger"
portion of the lot.
3
ASPEN BOARD OF OJUSTMEN'fMEETING - MIOrES - Mav 19, 2005
8. John McEwen, public, stated objection to the mass of a house that close to
the road on 2 sides; he asked if there was any way to have the height reduced.
Rick Head noted there was discussion about the city buying this land; most of the
people in the audience would like to see no development occur on this lot and it
was said that the city would have to condemn the property to allow for no
development to occur. John Worcester stated that in his 15 years with the city they
have never condemned a piece of property. Worcester said that he did not know
why it would be a takings if the application was denied; they were entitled to file
an application for a variance with the standards in the code and if they meet those
standards the board has the discretion to grant a variance. Sarah Oates asked what
would happen if the board denied the variance. Worcester replied the applicant
would have the right to go to cO).lrt and argue there was an abuse of discretion or
the law was not followed but he doubted there would be a claim for a takings.
Mitch Haas stated it was a developable lot and the city annexed the subdivision in
1987; most lots in the subdivision would have no problem wit~~the setback
requirements. Haas said that zoning was written for this R15B Zone District.
Haas said that ifno one else wanted the lot to be developed they could have bought
the property; there were rights to develop this property. Haas said the property
values were not part of these review criteria. Haas said at first he could not believe
that anyone would want to build on this property but once the plans were drawn by
Poss and Associates he was pleasantly surprised at the nice design that fit and met
all the dimensional requirements with the exception of the front yard setback. The
variance request was for a driveway and retaining wall that would be required
regardless of the building width.
Head asked what the notice entailed that people received. Oates replied it was a
notice of the hearing and there was a sign posted on the property. Haas said it was
the same noticing requirement for every application in the city. Mark
Hesselschwerdt asked if the setback changed when it was annexed into the city.
Haas responded that when it was annexed into the city the city had to zone the
property and created the R15B Zone District for those annexed lands.
9. Susan Cappiel Collin, public, stated concern for the trees on this lot. Haas
explained the tree removal was not an issue
10. Susan Blumberg, public, said when this many people in the neighborhood
felt strongly they should be listened to; she said that she felt like things had already
been decided on this variance.
4
ASPEN BOARD OF OUSTMEkfMEETING - MnQrES - Mav 19.2005
11. Cathryn Garland, public, said that houses were being built too big these
days; she raised a family of 4 in under 1300 square feet. Garland encouraged
much smaller square footage.
12. Ricki McHugh, public, stated the houses were smaller scale on a curvy road
and the houses were not seen in this area. McHugh said this would be the first
house other than one other that would be seen; mostly you see trees driving up the
roads in the neighborhood.
13. Rufus Crockett, public, asked what the city used for criteria because the
neighbors were not consulted. Head responded there were basically 3 criteria that
the board considered and all three standards were met. Head stated the board does
not come in with a predisposed feeling of how they will rule; all they have is the
recommendation from the planning office.
Haas stated they in no way take this for granted that an approval would be forth-
commg; "1".
14. Valerie Alexander, public, requested the letter that Mitch provided on the
application.
15. Sheryl Shelby, public, asked if someone from the planning office went to the
site or do they only use the plans provided by the applicant. Sarah Oates replied
that she visited the site.
16. Vincent Pardia, public, stated the set back variances were out of character
for the neighborhood.
17. Blake, public, stated she lived on the culd de sac and thought that a string
could be put out where the house would be located.
Head asked the applicant to stake the heights of the building on the site. Haas
responded that he would be happy to show the heights for the proposed one-story
residence and the elevations.
Motion: Peter McClain moved to continue the public hearing for the front yard
setback variance on Lot 1, Block 3, Aspen Grove Subdivision to June 9,2005;
seconded by Charles Paterson. All infavor, APPROVED 4-0.
18. Mr. Greenway, public, stated that they were in favor of development of the
lots but they thought that this lot was un-developable.
5
ASPEN BOARD OF QJUSTMEN'fMEETING - MIOTES - Mav 19,2005
John Worcester stated that many conditions could be placed into the resolution but
you cannot place conditions by an outside attorney. Ms. Shannon stated that was
not what she was asking for. The commission clarified that notice was given for
the next meeting on June 9th.
Rick Head thanked everyone for attending and stated the comments would be
taken under advisement.
MINUTES
Mark Hesselschwerdt moved to approve the minutes from the February 3, 2005
meeting; seconded by Charles Paterson. All infavor, APPROVED 4-0.
Adjourned at 4:55 p.m.
ckie Lothian, Deputy City Clerk
~
6
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304,060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 1flr2..1fi~MftJG; lo. (bll ~Wi..3.~), Aspen, CO
SCHEDULED PUBLIC HEARING DATE: lI^y tq ,200 S-
STATE OF COLORADO )
) 55.
Connty of Pitkin )
I, fuVlleu... ~ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certifY that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
L Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
~ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least ten (lOMays
prio~Ao the public hearing3!Pd was continuously visible from the ~ day of
----J!1r'11 , 20~, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
~ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal govemment, school,
service district or other governmental or quasi-governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
JJk
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
WITNESS MY HAND AND OFFICIAL SEAL
j
tTACHMENTS:
ji' THE PUBLICATION
k THE POSTED NOTICE (SIGN)
~ GOVERNMENTAL AGENCIES NOTICED
r BY MAIL
I
S.3..~
C NOTICE OF PUBLIC HEARING ::
CASE #05-02
Before the City of Aspen Board of Adjustment
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE V ARlANCE
DESCRIBED BELOW:
Pursuant to the Otlicial Code of Aspen of June 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, Otlicial 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 if you
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
vanance.
Particulars of the hearing and requested variance are as follows:
Date and Time of Meetin!!:
Date: May 19, 2005
Time: 4:00 P,M.
Owner for Variance:
Representative for Variance:
Name:
Warren Maple, LLC & David Maple, LLC
Haas Land Planning, LLC
Address:
595 S. Broadway, Ste. 200
Denver, CO 80209
201 N. Mill St., Ste. 108
Aspen, CO 81611
Location or description of property:
McSkimming Road, Lot I, Block 3, Aspen Grove Subdivision
Variances Requested:
The applicant is requesting a twenty (20) foot front yard setback variance for the construction of a single-
family residential dwelling unit and a thirty (30) foot front yard setback variance for the proposed driveway
and associated retaining walls.
Will applicant be represented bv Counsel: YES: NO: X
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Rick Head, Chairman
. Jam Free Printing
Use Avery@ TEMPLATE 516041>
ASPEN GROVE CEMETARY ASSOC
CIO MARKALUNAS RAMONA
624 NORTH ST
ASPEN, CO 81611
CAPIEL-COLLlN SUSAN 50%
PO BOX 3057
ASPEN, CO 8t6t1
GOLDEN CAPL INVEST INC & LARRY
SMITH 50%
CIO THOMAS HELGESON PC
4891 INDEPENDENCE ST STE 170
WHEAT RIDGE, CO 80033
KLING WILLIAM H
2619 LAKE OF THE ISLES PKWY E
MINNEAPOLIS, MN 55408
PARTYKA VINCENT K
334 MCSKIMMING
ASPEN, CO 816t t-2217
SALZMAN EMANUEL & JOANNE 2.2%
1738 WYNKOOP ST-APT 400
DENVER, CO 80202
WARREN BIRCH LLC
DAVID BIRCH LLC
565 S BROADWAY #200
DENVER, CO 80209
_.r_IU!!IAW tii\
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www.avery.com
1-80o-GO-AVERY
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BAYM FAMILY LLLP
708 W DELAWARE AVE
URBANA,IL 6t80t
FLEISHER DONALD JOEL
CIO DONALD J FLEISHER CO
200 E MAIN ST
ASPEN, CO 8t611
JONES FAMILY PARTNERSHIP LLLP
CIO JEFFREY W BARKER SPICER
JEFFRIES
5251 S QUEBEC ST #200
GREENWOOD VILLAGE, CO 80t 11
MAYER HOWARD L & PAULINE MARIE
PO BOX 333
ASPEN, CO 81612
REDWOOD WARREN LLC
REDWOOD DAVID LLC
565 S BROADWAY #200
DENVER, CO 80209
SALZMAN METTA 9.3%
CIO NAOMI SALZMAN AS CUSTODIAN
3325 WYANDOT ST
DENVER, CO 80211
WILSON CHRISTOPHER D
22 ALICE LN
ASPEN,CA 8t611
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BUTTON ANNE WI SALZMAN JASON
11.5%
3005 HAYWARD PL
DENVER, CO 802t 1
GARLAND CATHERINE
3t8 MCSKIMMING RD
ASPEN, CO 81611-2217
KLEIN DEBBIE
546 MCSKIMMING RD
ASPEN, CO 81611
OAK WARREN LLC
565 S BROADWAY #200
DENVER, CO 80209
SALZMAN DANIEL & HOLLY 42.6%
12313 SARDINIA COVE
SAN DIEGO, CA 92t30
SHANNON JOEL INGRAM & MARGARET
BARRETT
3119 AVALON PLACE
HOUSTON, TX 77019
ZANIN JUDITH L TRUST
JOSEPH M ZANIN TRUSTEE
0308 MCSKIMMING RD
ASPEN, CO 8161t
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRE"""RO"R~, i "I- i, EJr/J ~ ~elA GrA?kl,i,[~b
SCHEDULED PUBLIC HEARING DATE; . 5 ~ b , ,200_
STATE OF COLORADO )
) SS.
County of Pitkin )
--
I, ~____~ (IA I/tA 10<::::"" ~/I/1CfJ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner;
\-, Publication of notice: By the publication in the legal notice section of an official
~ paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26)inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal goverrunent,
school, service district or other goverrunental or quasi-goverrunental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
-~
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearinEon such amendments.
NOTICE"~Pt~~~,,~JtEARlNG'
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TiltCrrv~~ .
';~4;~'~ ~ Before the Clty'ClI~i. BOal'\I atAtljustmeDt
i~,{?:;]!;:.:>,,:,,<;,<,,' ' ' " ' " ,", ,';' '., . ~
.~~~lITY OWNERS AFFIlCfEI)BYTHE REQUESTED ZONINOOR'
~';~~1;, ", USE vARIANCE DESCRIBED BELOW: ,
",+-:::,c,;::':',',', "" ',,',,'" , "".
.~t:i.t~.~r.._()fficial Code of Aspen of lone 25,1962, as ~,a public "
'~i!oi. f~~Ilt'lie~ldin the BASEMENT MEE:i1NG ROOM, City Hall, Aspen,
C6~, (or at such other place as the meeting Il1llY be then adjouI'lled) to cOnsider
an ~cation filed with the said Board of Adjusonenlrequesting authOrity for
variance from the provisions of the Zoning Ordinance, Chapler'26, OffieilliCode of
Aspen. All persons affected by the proposed variance aie inVited to ~pp"aral1d stale
their. views, protests or objections. If you cannotapp:ar person3llyat s1.Jch meeting,
you are urged to state your viewsby let,ter. particularly if you have objection to such
v.ariance. as the Board of Adjustment will give seriOUAconsideration to the Opinions
of surrounding property owners and others affected in deciding, w~, to grant or
.'1e.~y~the~uestforvariance, . " '
Particulars of the hearing and requested variance,~ as fol1o~s:'
ome and Time of Meeting:
Date,: May 19, 2005
Time: 4:00 PM.
o~tie~ for Variance:
Name: Warren Maple, LLC & David Maple, LLC
Address: 595 S. Broadway, Ste. 200
Denver, CO 80209
Location or descripti~n' of property:"
McSkimmifig Road, Lot I, Block 3, Awerl Grov..Subdivi~(l8
Representative fo~Variance:
.~ Lall<fPllll1ning,LIJ;
20l.N. MiD St.;~A08
,-AspOl!;-CQil~l1
. '
- . . . .
Variances Requested: '. , .,'.., . " '';" ;" ,-
The applicant is requesting a twenty (20) foot front yard setback variance for, the
collStrlIctiou of a single-family residential dweJliqg unit and a t1ri1ty, (~)foo~ front
yard setback variance for the proposed driveway ~,as""1iated i'etainini!,wat1s. '
Will applicant be represented by Cotinse1: YES' '~O: X
The City of Aspen Board of Adjustinen!
130 S. Galena Street. Aspen, C01H6U
Illck Head, Chairman '
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'\NIl AND OFFICIAL SEAL
If/ ,;;)-.,yc:F7
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feE (SIGN)
:IES NOTICED
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Meubles ancien ("r J'epoque' Objers de charnw et de curioshc
McHUGH ANTIQUES
RICKI & JOHN MCHUGH
607 E\ST COOP~,R A\'LNliE
970.925.4212
970:i;~,-,?:gl.lsx
ASPE1';, COLORADO 816] I USA
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Jun. 03 2005 09:02AM P2
,OM panasoni c FAX SYSTEM -
-
PHONE NO.
Rufus Crockett
P.O. BoX 3837
Aspen, CO 81612
Board of AdjUstment
City of Aspen
130 South Galena
Aspen, CO 81611
Re: variance request for Lot I. Block 3, Aspen Grove Subdivision
])eat Board Members.
We have reviewed the city code regarding varJaneeS and have the following additional
comments.
Code section 26.314.010 requires that a ~ "not be contrll1'Y to public interest."
Since this application is actively opPOsed by aroajority of homeowners in this
subdivision, it is clearly "contrary to the public interest" of the propertY owners that are
affected by this request. olivia Jones originally acquired this lot, not to be developed. but
to be used as an open space bui'fer for her home just to the north. To noW grant a varianCe
from the land use code setbacks and allow a large Je5ic:Ience on the narrow finger portion
of the lot, where development was never intended, is, contrarY to the public interest.
The ,same Code Section 26.314.010 states that a variatJce is for a special condition where
code enforcement would result in unnecessarY hardship. The applicant purchased all of
Olivia Jones' properties including those she bad acquired as an open space butTer fOT her
....-.. ""'......... "" """""'.,.",. - "'" - ". """"""" ...
limitations on the lot when they acquired it as part oftbe entire package. Since the
app]icant chose to acquire this lot, knowing of its constraints, we feel there is no
unneceSsary hardShip.
Code Section 26.314.040 states that any varilJnce must be "the minimum var\anCC that
will tnake possible the reasonable use ofthe parcel." We sublDit that building a small
residence on the north end of the lot might be reasonable use of the parcel. There is no
need or justification for granting a variance on the east side of the lot in the narrow finger
of""" __ ""............ .,.,.............. """"" '" '" "'" on"" ~uId
alloW building that would be contrarY to the public interest.
The homeowners in the Aspen Grove Subdivision urge you to deny the request for the
setback variance.
~C;;/~
Rufus rockett
Owner Lot 13, Block 3, Aspen Grove
f'"""
11:41 FAX 3143355116
Jacobs Facilities 1nc
141 001
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Pat L Spector, A,I.A.
Jacobs Facilities Inc.
501 North Broadway
St Louis. MO 63102
TeI1.3t4.335"4400 Fax 1.314.335"5116
Fax
To:
Members of the Board of Adjustment
Fax;
(970) 920-5439
From;
Pat and Lorraine Spector
Date:
June 3, 2005
Pages:
1
RE: Proposed variance on Block 3, Lot 1
Lorraine and I are property owners of 0145 McSkimming Road (Block 1, Lot 2, Aspen
Grove Subdivision). I am also a registered architect in the state of Colorado and a dozen
other states in the US"
We are sending this fax in protest of the proposed variance on Block 3, Lot 1, to change
the setback from 30 feet to 0-20 feet. '
There is no sound planning basis for granting such a variance. The hardship argument is
inconsistent with the reality where the developers are moving forward with multiple
projects which when completed, should meet their financial proforma. Granting this
inconsistent land use along McSkimming would pander to the developer's desire for
increased profitability at the expense of the neighborhood.
The proposed variance would not only have a negative impact on the character of the
neighborhood, but would set a dangerous precedent for others who might find it equally
convenient to bypass the zoning ordinances to which we all subscribed when we bought
and improved property in the neighborhood. In fact we relied on the upholding of these
ordinances to preserve the values we bought into.
We welcome the development of these new lots on McSkimming. With 8 lots being
developed in close proximity to each other, there exists a unique opportunity to create
and enhance the image along the street as well as within the entire subdivision. There is
sufficient critical mass in a development of this size to create wonderful new housing
without sacrificing the profitability of the venture or the integrity of the neighborhood.
Thank you for seeking the opinions of the neighborhood and making that a part of your
deliberations.
~~
· ... 08 2005
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4:02 PM FR DEUTSCHE BANK
TO 818708205438
P.01/01
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Coley Cassidy
766 McSkimming Road
Aspen, CO 81611
917-545-7800
Board of Adjustment
Attn: Sarah Oates
Fax # 970-920-5439
Re: Variances for Aspen Grove subdivision
Dear Sarah:
As you know, both of my wife Annie and I were born and raised in Aspen, and
we've recently bonght a home in the Aspen Grove Subdivision. We intend to add on
to this house to accommodate our growing family, but we intend to do so honoring
the existing set-back and zoning parameters. It's been brought to our attention that
real-estate developers intend to build on some vacant lots in this subdivision and are
on the verge of being granted variances for their projects.
We wholeheartedly disagree with a decision to grant variances to these developers;,
Current zoning should be respected, and the thought that larger houses make
developers and realtors more money is one of the problems with growth in Aspen. '
These lots are simply to small to fit the types of large homes that it sounds like
developers want to build,
We join our neighbors in Aspen Grove to ask'you to stop the granting of these
variances. Thank you.
On another note, both Annie and I hope you and the rest of the Oates family are
doing well and look forward to seeing more of you when we move to Aspen
sometime in the near future.
!
Sin~~tIY,
** TilTCll PCl.r,1= V'l1 **
1738 Wynkoop Street
Denver, Colorado
80202
(303) 296-9359
June 3, 2005
RECEIVED
JUN 0 8 Z005
Ailt'tN
BUILDING DF'PARTMENT
Board of Adjustment
Ann: Sarah Oates
City of Aspen
130 S. Galena St.
Aspen CO, 81611
Dear Ms. Oates:
As McSkimming property owners, we write to express our opposition to
the 30 foot variance and the construction of an ouIsized home on Lot 1 of
Block 3 on McSkimming.
We support the preservation of the historic character of our neighborhood.
Thank you for considering our position.
Yours truly,
~~m~
Emanuel and J~
6/2~5 10:16 AM
"-"
FROM: Fax
TO: 920-5439
PAGF
2 OF 002
0571 Me Skimming Road
Aspen, CO 81611
1-970-920-1135
May 18, 2005
Board of Adjustmcnt
Attn: Sarah Oates
City of Aspen
130 S. Galcna St.
Aspcn CO 81611
To the Board or Adjustmcnt:
As thc owner (with my family) of Lot 9, Block 3 in the Aspen Grovc Subdivision
(0571 McSkimming Road), I writc to protcst the proposed variancc on Lot 1, Block 3 to
change the setback from 30 fcct to 0-20 feet. It would have a negative impact on the
character of our neighborhood, with the potential to decrease property values. In addition,
it would set a precedent for similar variances on the other lots soon to be under
construction in this Block.
I have particular concern that a similar variance on the lot (14) to the west of mine
would allow construction to considerably block the view we presently have to the west,
which would ccrtainly substantially decrease the value of our property, as well negatively
impact the ambience. Let me express the hope that the builders ofthe new houses in our
neighborhood strive to build in a way that minimally impacts the properties of people
presently living in the beautiful Aspen Grove subdivision.
Sincerely,
G~ ~,~
Gordon Baym
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Catherine Garland
318 McSkimming Road
Aspen, CO 81611
970.925.3109
REtl;lVFfJ
JUNl 200J
Board of Adjustment
Attn. Sarah Oates
City of Aspen
130 South Galena st.
Aspen, CO 81611
A"n;i~
BUIl.DtNG D~PM',",IENT
:Tune 1,2005
Re: Board of Adjustment meeting regarding request for setback variance,
Aspen Grove Subdivision, to be held :Tune 9, 2005.
Dear Board of Adjustment Members,
This is a follow-up letter concerning the proposed residence to be
constructed on the "finger" lot in Aspen Grove Subdivision and the request
from the developers for a variance in setbacks to enable a large house to be
constructed on this small lot.
I appreciate that the Board of Adjustment requested the developers
to layout the construction site together with the height, and I appreciate
that the developers did that in a timely manner.
Having now studied this, I still feel that the impact of the proposed
structure will be detrimental to the integrity of the neighborhood. The
height is too high and the footprint is too close to the road.
As we, the residents of Aspen Grove Subdivision, and as the developers
well know, our area is highly desirable because of the small houses that are
tucked away in the trees making for a country feeling, even though we're at
the edge of town. If a setback variance is granted, this feeling will be lost
at least for this lot and this alone will impact in a detrimental way the
integrity of the entire subdivision. We will become an ordinary subdivision
just like all the other subdivisions around, and the developers should realize
that this will impact their investment. Many buyers don't simply want a
large house but would rather have a smaller home maintaining the natural
feel of this special area.
(please turn)
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REe~~VED
JUN 1 Z005
A~r'tN
BlI/lDlNG DEPARTMENT
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McHUGH ANTIQUES -'" 607 EAST COOPER AVENUE -'" ASPEN. COLORADO 81611 -'" 970.925..4212 -'" 970.925..4213 I'AX
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0571 Me Skimming Road
Aspen, CO 81611
1-970-920-1135
May 18, 2005
To whom it may concern:
As the owner (with my family) of Lot 9, Block 3 in the Aspen Grove Subdivision
(0571 McSkimming Road), I write to protest the proposed variance on Lot I, Block 3 to
change the setback from 30 feet to 0-20 feet. It would have a negative impact on the
character of our neighborhood, with the potential to decrease property values. In addition,
it would set a precedent for similar variances on the other lots soon to be under
construction in this Block.
I have particular concern that a similar variance on the lot (14) to the west of mine
would allow construction to considerably block the view we presently have to the west,
which would certainly substantially decrease the value of our property, as well negatively
impact the ambience. Let me express the hope that the builders of the new houses in our
neighborhood strive to build in a way that minimally impacts the properties of people
presently living in the beautiful Aspen Grove subdivision.
Sincerely,
GuS- 0~
Gordon Baym
i'~
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25 05 03:40p
970,,:,544-0662
p.l
Roger Davis
/.'''''''
,--
a#n1. ~
May 25, 2005
Board of Adjustment
City of Aspen
Aspen City HaIl
Dear Board:
r am writing in regard to the development of Lot 1, Block 3, on McSkimming Rd. in the
Aspen Grove Subdivision. That Lot and others on McSlrimm;qg were recently purchased
by a Denver firm, and, I understand, all are scheduled for construction of single-famiIy
homes as per R15B zoning.
McSkimming Rd. has been a lovely, quiet neighborhood of mainly modest homes since
Fritz Benedict developed it many years ago. Few, if any, other neighborlJ.oods of the town
have been so lucky in retaining the feel of early Aspen. The new homes will be larger and
more luxurious, reflecting modem tastes, but with careful planning they can fit in
reasonably well. I am reconciled to the inevitability of changes, the increase in noise and
traffic, the loss of darkness at night, etc. What is of concern to me is that the developers
of Lot I, Block 3, have asked to build a much larger house than is permitted by the R15B
regulations.
The developers presumably well knew that the lot is too narrow for the house, it being a
skinny peninsula fonned by a switchback of McSkimming Rd The house they propose
protrudes to the road leaving little or no set hack - where 30{35?}ft. is regulation. Being
enveloped by the switchback, the narrow lot fills the view oftraflic up and down the
road. It is swept by headlights coming from both directions. A small house set within the
legal setbacks would be much more private and desirable.
r urge the Board to deny the requested variance.
~'n IY,~~
Rag . Davis
184 cSkimming Road
925-5516
--
.
c
May 20, 2005
The City of Aspen Board of Adjustment and Mr. Rick Head
130 S. Galena
Aspen, CO 81611
Dear Rick and the Board of Adjustment,
I would like thank you and the BOA for listening to the questions and comments
expressed by some of the residents of Aspen Grove regarding the proposed setback
variances on Lot I, Block 3. I appreciate your decision to delay the vote until June 9th.
1 also appreciate the planner's willingness to place stakes and posts on the property to
illustrate how a home migbt sit on it. This should help my neigbborhood have a better
understanding of the situation.
At the beginning of yesterday's meeting, I felt there was some tension in the air regarding
the proper process for people to follow in order to share their opinions. The notice in the
newspaper said that persons were invited to come to the hearing to state their views and
that those who were unable to attend could write letters. Yet it seemed to me that Ms.
Oates and the BOA implied that we, the interested parties from McSkimming Rd., should
have done a lot more homework and should have submitted our comments in writing
before the hearing. I felt we were being told that it was more or less "too late" to wait
until the hearing to become better informed and engage in dialogue. This caugbt many of
us in the audience by surprise, as we had understood that the meeting was the venue for
clarifying the particulars of the variance application and for giving thougbts about it.
Fortunately the feeling that we were in the wrong to be asking questions and offering
comments subsided as the BOA listened to us.
After reflecting upon my first experience at a BOA hearing, I have a suggestion or two
regarding how to help the public become better informed about a proposal and how to
help the public abide by the established process for becoming involved. Perhaps the
notice in the paper and the notice on the property in question could give a few more
guidelines: 1. People can contact the Com. Dev. Department for more details.
2. People can submit letters before the meeting, even if they will attend.
3. (Maybe you can think of some more directions that would be helpful).
A policy that disturbed many of us was that only the homes within 300 feet, I believe
that's what we were told, of Lot I, Block 3 received a notice about the hearing. So only 4
or so residents, in a neigbborhood of 20 or more houses, were directly informed of an
issue that could possibly affect many more people. Would the BOA consider increasing
the distance a home lies from the "epicenter" property in order to merit an alert to an
upcoming hearing? It seems that altered setback variances migbt impact an entire
neighborhood and not only the properties in closest proximity to the project.
Something was said, I believe by one of the planners and not by one of the BOA or city
staff members, that I found to be very insensitive. He or she stated, "If you (meaning all
.
c
-
)
.
or one of the McSkimming Rd. homeowners) didn't want this property developed, you
could have bought it yourself." That was a shortsighted, unfair conclusion. Over the
years many residents attempted to approach the previous owner of Lot 1, Block 3 to ask
that she contact them when she was pursuing selling her lots, as already established
homeowners in Aspen Grove might be interested in purchasing more land. These efforts
were never responded to, and I think people were disappointed to not be given the chance
to buy and possibly preserve some of the undeveloped land on our road.
My main objective in writing this letter is to say that even responsible, intelligent citizens
can use some guidance regarding how to get involved in issues, particularly those that
pertain to the complex world of planning and zoning. This could be accomplished by
adding a little more information to the BOA notices, and I favor increasing the number of
people to whom notices are delivered.
Again, thank you for answering questions and listening to comments from me, my
husband and my neighbors.
-~
Sh Y Supp ee
785 McSkimming Rd.
925-2203
,.....
........
--
,"",..I'
,
Rufus Crockett
P.O. Box 3837
Aspen, CO 81612
June I, 2005
Dear Board of Adjustment,
I am a homeowner in the Aspen Grove Subdivision and submit this letter in opposition to
the granting of the requested setback variance on Lot No.1, Block 3, Aspen Grove
Subdivision.
For ease in presenting my position, I am putting my thoughts in outline form as follows:
I. Aspen Grove is a small neighborhood of modest homes populated almost 100%
by owner occupied full time Aspen residents.
2. An overwhelming majority of these residents strongly oppose the granting of this
variance as evidenced by the turnout of about 25 people at the last hearing. A
large showing for a neighborhood of only 35 homes.
3. The Notice of Public Hearing states: "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". The surrounding
property owners have overwhelmingly opposed the granting ofthis variance.
4. The developers requesting this variance knew full well of the setback
requirements of both the city/county and the subdivision covenants when they
purchased this lot along with 9 others. This is not a "hardship" situation. They
knew in advance that this lot had a limited building envelope. They are asking for
this variance for the sole purpose of maximizing their profits, and our
neighborhood will suffer as a result.
5. The current setbacks and covenants were put in place to maintain the quality of
this subdivision and so far they have worked, creating a beautiful, tree filled
neighborhood.
6. This particular lot is in the middle of the neighborhood on an entire switchback of
McSkimming Road, visible to many of the residents. Granting this variance
would allow for a home to be built almost to the lot line, in a conspicuous place
and out of character in a neighborhood where all the other homes are set back
from the road.
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7. My personal opinion is that this is not a situation where "relief' needs to be
granted. This lot was purchased with the advance knowledge of its restrictions
and the developers will do very well with the other lots purchased in this
package.
8. Historically, the duties ofthis board have not been to fucilitate development,
but to be responsive to the members ofthe community so as to preserve the
nature of the neighborhood.
I am well aware that the lots purchased in this package will be buih to their maximum
legal limit and I do not object to building what is legally allowable. What I am objecting
to is the granting of a variance allowing this particular lot to be built on in a manner other
than proscribed by the legal setbacks of the city/county and our long standing covenants.
R.~tfuIIy submitted,
Rufus Crockett
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Rufus Crockett
P.O. Box 3837
Aspen, CO 81612
RECe\VED
JUN 0 6 2005
Board of Adjustment
City of Aspen
130 South Galena
Aspen, CO 81611
1I,>t't:N
BUILDING DB'ARTMENT
Re: Variance request for Lot I, Block 3, Aspen Grove Subdivision
Dear Board Members,
We have reviewed the city code regarding variances and have the following additional
comments.
Code Section 26.314.0 I 0 requires that a variance "not be contrary to public interest."
Since this application is actively opposed by a majority of homeowners in this
subdivision, it is clearly "contrary to the public interest" of the property owners that are
affected by this request. Olivia Jones originally acquired this lot, not to be developed, but
to be used as an open space buffer for her home just to the north. To now grant a variance
from the land use code setbacks and allow a large residence on the narrow finger portion
ofthe lot, where development was never intended, is, contrary to the public interest.
The same Code Section 26.314.0 I 0 states that a variance is for a special condition where
code enforcement would resuh in unnecessary hardship. The applicant purchased all of
Olivia Jones' properties including those she had acquired as an open space buffer for her
residence. The applicants are knowledgeable developers and knew the constraints and
limitations on the lot when they acquired it as part of the entire package. Since the
applicant chose to acquire this lot, knowing of its constraints, we feel there is no
unnecessary hardship.
Code Section 26.314.040 states that any variance must be "the minimwn variance that
will make possible the reasonable use ofthe parcel." We submit that building a small
residence on the north end of the lot might be reasonable use of the parcel. There is no
need or justification for granting a variance on the east side of the lot in the narrow finger
ofland between the switchbacks. That area was never intended to be built on and would
allow building that would be contrary to the public interest.
The homeowners in the Aspen Grove Subdivision urge you to deny the request for the
setback variance.
~in , ~~
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Owner Lot 13, Block 3, Aspen Grove
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FAX NO. :303 293 3233
Jun. 05 2005 11:45AM P1
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ALAN F, FOX
SUITE 600
1125 17TH STREET
DENVER, COLORADO 60202
TELEPl10NE (303) 534-7600
FACSIMILE (303) 293.3233
TELEfAX FOR' IMMEDIAtE' DELIVERY'
TO: S/1.fZ.A-H - 0 A-re!> \ M.PBNB~~O (J~~(),JJ,.,..,t.AJi1
I-"O-C}J.O -S'""Il '1 \'
FAX NUMBER: ' CLIENT' NUMBER:
FROM: . ,4.er.+N F.~-t
DATE OF TRANSMISSION: ---'I rfd~'
',NUMBER OF PAGES 'INCLUDING, THIS COVER SHEET: ).... ,
COMMENTS: 51+rt1rH-; , A-s A ,.-.,e,M9(!,( ()f::-. ~,
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FAX NO. :303 293 3233
.wYl!W a... ""'r.aaallprmr
IloetB 1, a and 3
""pen I;.-ova .ubdl v lalon
CC1unty of PItkIn
Stata ot Colo~ado
HKlce 1. lIaroby 91van e"octlv. Hov_r 27, Stn, tllat
tIlo Arc:1l1teOtural Control COIIftltto. ot tile A.pon Crove _e""".r.'
baoclation .lIall con.lat ot tIla tollow!n9 peraona:
~. Judy Zonln
0308 McSkl..lnq ~o.d
A.pen, Colorado 81611
Talepllone Ho.. ,a5-7671
Mr. Donald J. r1el.ller
710 ...t OUrant Av,nuo
""pan. COlorado '1611
~lapllona No.\ t25-2laa
Ill.". Alan' F. Fox'
15100 W. "llavlov
MotTt.on, CO &0..'5
Telepllono No' 303-6'7-'800
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tllla Arcl>ltoGtural Control COIllIlttoo. '1'IIb 10 lore clearly
deflnod In tile rocordedcovonante of tIlla 'Ub41Ylelon.,
Approved for roeordlnq tIlla 27tll:doy'otHove~r. 1'0"
by 1:he .c:t.i~ ave.ri ot Covernort. of ~. A....n G~ov. Ho.eownaC'.'
baoclaUon.
Alan F. Fo~, ~tary
Aepon GrOve Roao"""ora' A.waclatlon
8'1'A'l'B or COLORADO
,..V\lh... OF JlFPIRSON,
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'1'IIe fonqolll9 Ift.trW,lent .... acJcnovloclgad betor. .. ,tille, '
27th day of Hov_~, !tIt by rla~. pox.
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612 377 2292;
Jun-' 05 2:28PM;
Page 1/1
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Fax
To:
Members of the Boar; ~u
(970 20-5('3 \
Fax:
From:
Dale
Pages: 1
RE: Proposed variance on Block 3, Lot 1
I am a property owner of 0755 McSkimming Road in Aspen Grove.
I am sending this fa>: out of concern about the proposed variance on a/ock 3, Lot 1, to
change the setback from 30 feet to 0-20 feet.
I see no basis for granting such a variance. The hardship argument is difficult to make
when the developers are moving forward with multiple projects on Mc$kimming Rd.
When completed, this group of lots should meet their financial projecticlns without
compromising the integrity of Lot 1, Block 3.. Grantirig this inconsistent land use along
McSkimming would compromise the quality of the neighborhood in favOr of making one
additional lot more desirable and thus more profitable for the developer. That developer
advantage comes at the expense of the neighborhood.
The proposed variance would not only have a negative impact on the Character of the
neighborhood, but would set a dangerous precedent for others who might find it equally
convenient to bypass the zoning ordinances to which we all subscribed when we bought
and improved property in the neighborhood.
I support the development of most of these new lots on McSkimming. With B lots being
developed in close proximity to each other, there exists a unique opportunity to improve
the character of the street if the developer and the city work together tei' include the
unique characteristics of the neighborhood.
At present Aspen Grove is largely neglected by the city. Overhead poWer lines have yet
to be buried as they are in other neighborhoods. The summer weed co~trol seems non-
existent. But the wooded nature of the road is key to Its beauty and wol!king to build
these residences while maintaining that character and improving It rath~r than
compromising it, wOl!ld seem to be the city's opportunity, There is Suffi~ient critical mass
in a development of this size to create wonderful new hOUSing Without Sacrificing the
profitability of the venture or the integrity of the neighbomoOd.
Thank you for seeking the opinions of the neighbOrhood and making th~t a part of your
deliberations.
12:24
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-W~r
'JjUlfd~
1736 Wynkoop Street
Denver. Colorado
60202
(303) 296.9359
3032971025
PAGE 01
MJSALZMAN
June 3, 2005
Board of Adjustment
Attn: Sarah Oates
City of Aspen
130 S. Galena St.
Aspen CO, 61611
Dear Ms. Oates:
As McSkimming property owners, we write to express our opposition to
the 30 foot variance and the construction of an outsized home on Lot 1 of
Block 3 on McSkimming.
We support the preservation of the historic character of our neighborhood.
Thank you for considering our position.
Yours truly,
~~m~
Emanuel and J~
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June 30, 2005
Joseph Edwards
i 4 Fender Lane
Carbondale, CO 81623
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ASPEN/PITKIN
~OMMUNlTY DEVELOPMENT DEPARTMENT
Re: Lot 1, Block 3 Aspen Grove Subdivision
Dear Mr. Edwards:
I am in receipt of your appeal request letter, regarding Lot I, Block 3, Aspen Grove
Subdivision. The Section of the City's Land Use Code that you have cited does not apply in
this case. Section 26.316.020.BA enables the City Council to hear and decide appeals for'
,which specific authority is not granted to another board or commission. In this case, specific
authority has been granted to the Board of Adjustment. Section 26.316.020.A.l enables the
Board of Adjustment to hear and decide appeals of decisions made by an administrative
official.
In the alternative, you and your client could request an interpretation of the City's Land USe
Code regarding this front yard issue and appeal an adverse determination to the City Council
pursuant to Section 26.316,020.B.l.
Your appeal request letter is insufficient, as it seeks an appeal directly to City Council, an~
the City is unable to process it. Please let us know how it is you intend the City to address
this request. I've not been able to reach you by phone and you've not returned my message.
I've not been able to contact Rufus Crockett, as he does not appear to have a listed phone
number or a file with the County Assessor. Should you decide to seek an appeal we will also
need a completed application form and review fees, which we can go over at the appropriate
time.
~~~
,Chris Bendon, AICP
Community Development Director
City of Aspen
,
Copy: John Worcester, City Attorney
130 SoUTH GALENA STREET' ASPEN, COLORADO 81611-1975 . PHONE 970.920.5090 ' FAX 970.920.5439
Printed on Re<:yded Paper
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MEMORANDUM
TO:
City of Aspen Board of Adjustment n f j
Chris Bendon, Community Development Director VVvWJ
Appeal of Administrative Decision - Setbacks for Lot 1, Block 3, Aspen
Grove Subdivision.
Resolution No.ll{:; Series of 2005.
FROM:
RE:
DATE:
September 15, 2005
SUMMARY:
The McSkimming lot (Lot I, Block 3, Aspen Grove Subdivision) is a long rectangular
property bounded on three sides by roadway and on the fourth side by an adjacent parcel.
The Front Yard (setback) of a property is defined as "the yard extending the full width of a
lot or parcel, the depth of which is measured by the narrowest horizontal distance between
the front lot line and the nearest surface of the principal building at grade." A parcel's Front
Lot Line lot is defined as "the line normally closest to and/or dividing a lot from a street or
street right-of-way."
When a property is bounded by street on more than one side, "the owner shall have a choice
as to which yard shall be considered as the front yard..." The code also dictates "the rear yard
must coincide with the rear alignment of neighboring lots regardless of which yard is
considered the rear yard by the owner." The code defines Rear Yard as "a yard extending the
full width of a lot or parcel, the depth of which is measured at the narrowest horizontal
distance between the rear lot line and the nearest surface of the principal building at grade.
Rear Lot Line is qefined as "the lot line opposite the front lot line."
From this, staff concluded that the rear yard must be measured from the lot line adjoining the
neighboring property. This would ensure that the rear yard would coincide with the rear
yards of neighboring properties. Staff also concluded that the front lot line could be any of
the remaining three lot lines - that the code did not dictate a particular outcome and clearly
enabled the property owner to decide. The Director rendered this conclusion after the
property owner asked for a formal Land Use Code Interpretation.
The Director is enabled to make interpretations of the Land Use Code. The process for
Interpretations allows the party who requested the interpretation to appeal the Director's
decision to the City Council. The party requesting the interpretation, the owner of the
McSkimming parcel, did not appeal the Director's Interpretation. The meaning of the
definitions listed above was clarified through the interpretation and is not the subject of
today's consideration.
Jul 07 2005 3:48PM
Attorne~ at Law
970-963-2111
f.6
3. The applicant, in support of a pending variance request and the request for the code text
"interpretation", has asserted that the nOliherly portion of the property is constrained by two
easements and that applicant cannot build a residence on the north end of the lot away from the street
where it was obviously intended to be built at the time of subdivision.. There is an underground
easement for a city pump station shown on the plat recorded at ditch Book 2A Page 291, Reception
No. 116127, but there is approximately 3500 square feet of lot area north of such easement upon
which a residence could be constructed. [See Exhibit B).
Applicant also asserts, and included on his map [See Exhibit C] an easement for "future utility rights
reserved to the adjacent property" that would further constrain a building envelope in the north
portion of the lot, but no evidence of such future utility rights was provided. The deed to the
applicant makes no mention of any easement for future utility rights [See Exhibit D] and a current
review of the title shows there is no document of record reflecting any easement for future utility
rights. [See Exhibit E). Further the adjacent property in question is also owned by the principals of
applicant and any such future utility rights, if they exist, could be vacated or relocated by applicants
themselves. It is also unclear why there is any need for future utilities for the adjacent parcel, as it
has been fully served by all utilities for years. However even assuming the"future utili ty rights" exist
and is a constraint, there is still an area of approximately 1800 to 2000 square feet that could be used
as a building site for a residence on the north end ofthe lot.
It appears that the applicants do not want to build on the north end of Lot 1 as it may affect the
privacy of the residence on the adjacent parcel which the principals of applicant also own. Therefore
the applicant sought a variance from the front yard setback so that they could construct a residence
on the narrow strip ofland between the switchback of the road and displace the development impacts
on the other neighbors instead of their adjacent residence. That variance application was unanimously
opposed by all neighbors, so the variance hearing was continued while the applicant sought an
lllternative way to accomplish their goal and avoid the neighborhood opposition. That alternative was
to request the community development director "interpret" that the definition of Front Lot Line~
should only apply to a very small portion ofwhat is really the defined Front Yard Line. The applicant
can make reasonable use of Lot 1 without the need for a variance from or interpretation of the code.
V cry truly yours,
By:
Jos ph wards Jr.
Attorn or appellant Rufus Crockett,
Owner of Lot 13, Block 3, Aspen Grove
P.O. Box 3837, Aspen, CO 81611.
Jul 07 2005 3:48PM
Attorne~ at Law
970-963 2111
p.7
INTEBPBE'l"ADQ -INTERRoGATORIES
lNTEBPRET.&TlO ClI.&B.TABUM BmiIGNE f'.&-
CDl:NDA. EST, 'OTm:s l\L4.Gm VA.LEAT,QUA.l\I
p~REAT. The Interpre~tlon otdeeds. Is .to ,.lle
liberal, that the thing may rather have e1l"ect than
1a1L Braom, Max. 543.
. .
JNTl!JRPRETATlO~A EST tiT RES MAG-
JS VA.LE.&T QUAlI:I PEREAT.Jenk. Cent. 198.
SUch',an interpretation Is to be adopted that the
thing may rather stand than tall.
IN'l'ERPRETATlO TALIS IN AlImIGP-IS SEM-
PER FlENJ)A. EST VT l!;\'ITETURJN<<;:ONVEN-
lENS ET AliStlRDVM. In cases of ambiguity,
such an 1nterpretatlon '~o'u]cl'-alwaY!i be rnade:-that
_what Js inconvenient and absurd may be ..VoIded.
4Inst.328, . ., ",
prlnclples thau . the strictly hen
Lleb,Henn.60.
Prede8ti_ Int6Tpretatlon (inti
destlnata) tal<""place U thelnt<lrp
under a strong bias .ot mlnd, ",alte
servient to his preconceived V1e~
ThJs includes artful Interpretation.
vater,> by whicl1 the Interpreter s.
meaning to the text other than the
to have been intended. L1eb. Herm.
It Is s8.1d to be either ''legal,'' whit
same authority, ,as - the Jaw itsel!, (
which rests upon its intr!nsfc reason
gal interpretation may be either "au.1
it is' ".xpressly provided by the legi'
ual,')'.when it is derived from unwr;
DoclrlnaI Inlerpretatlon may turn OD
or words and sentences, when 1t Is
ma.tical/' or on the intention ot t
When it is described as Illogical/' Wl
terpretation stretches the words o~
cover its obvious ,me.anlng, It is ca.u.ep
wnen, ,on the other hand, U avoid:
meaning to the words, in order nO;t:
the intention of the legislator, it 19 c;:
tlve." Holl. :Iur;344;.,
As to strict atld it~eTal lnterp'retat
struction. . .
In the civil law, authentic interpret!
is that given by the legislator hJms,
obllgatOIit- on 'the courts. OU8tomClt'j
tioD (also called "usual") ts that'"
rrom 's'uccesSive or _, co'ncurrent - d4!~
'Court on. the same SUbject-matter, :~
to the spirit 01 the law. jurisprude:
and equity;, as distinguished tram -'fat
terpretatlon,-WhJch is that given by: tl
himselt. Houston v. Roberbon, 2 '11
INTERPRETATION CLA.VSE. A..
statute whioh defines the meaning,
words occurring :freq uenlly In the ol:l1
INTERPRETER.. A person swo'rn'ai
interpret the ev1den~, at. a, !oreJg~e:r
and dumb person to the court Amory-'
5 Mass. 226; People v~ Lem Deal 13,?i
P.260.
INTERREGNUM. An Interval betw,
The period which elapses benveen the
~overe.lgn and the election 01 a.not:h~J
C4Ilcy w~ch occurs when there is 1l_0_{.
EXHIBIT
!
D
B
A
~ IN~PRETA.TION, The art or prOcl!ss 01 dls.
r coVerJrig ,and e_xpoundlng the- meaning Qt.&' stat-
ute, .will, contract, or -other written' document.
People v. Com'rs at -Taxes, 95 N.Y. 559; Rome v.
Kno", 14 How. Prac., N.Y., 'Z72; Mlng v. Pratt,
221v,lont. 2&2, 56.P. 279; Tallman V.Tallman, 3
Misc. 41;5, 23 N'y-S. 734: Robertsv. PortT"nd Wa.
ler Dlst...124 Me. 63. 126 A. .1&2, 163; Cohn.Han.
~x Co. v. Vanosdall. 25 Ohio App. 300. 157 N.E.
908, 909.
The discovery and representation b~ the true
meaning ,at any slgns used to convey ideas. L~eb.
Herro.
. "Oonstnict!oo" b A leI1:JJ ot -wider scoPe _than.....fnt~pre-
lotion;" tor, ,,-hue ~he latter Is COl;1eeTned only wJth ~er-
talnlng the seJ'i..Ho and.meanJng of tbft SUQ.fect-tnatl8r.__C1e
tormer'maY_also bt'dJretted. to explainlng the-legal eftrects
and, oon.eque-hces (It U1e Instrument In Question.. Bence
tntRrrntatlon .P1'ecedes constrUctlan.b'qt stoPa: 8t the writ.-
ten tex-t:..
{. Interpretatl<m and co~:tructlon Of written Instruments
~,~ot the sa.me. : A rete ot oonstrucU~ hI one wh.lcl1
eJther 8'o\'erns -lhli-e:trl!ct 01 an flscertaJned lntenuon, or
pclnw out what..thecourt lO.hould do.lJ'1 the absence of
'"'I> ~,or..1m. Pl1~d "In .te,n, '.Jon, while Brule ot Interpretatlon
1.11. <me wlJ,lch goveTJ:l.8. tbe 8S~talnmen.t Of the m4!lUllng _ of
th~ tnaker Or the lnatrWnent. Inre Union Trust Co.; 151
N..y.s,. 246, 249, 89- MJse 69.
010,_ i1lt6rpr8~io"', _UnterPr"6tatio r~8tricta) is
adopted I.t just'reasons, connected with the tor.
!ll/ltion llnd, chllr"ct<lr 01 the text. Induee. us to
take the words in their naITt:JWest meaning. This
species otinterpretation has generally been called
"literal:' but the tel'm Is Inadmissible. Lleb.
Herm.54:
EmtenBive interpretation. (;nterpreta-tio emten.
swa., called, also" 6'Uberal Interpretation") adopts
a more comprehens1ve sign1.tJcation, of the word.
L1eb. Herm.58.' INTERBOGaTOIRE. In French' I.."
JJlo;truvagunt lntBTPrelqtion (lnterpr-etal/o ere. which contains the interrogatories m'
cedeM) Is thlitwhich Substitutes a ml'aqfng evl- judge ,to the person Iiccused, 0" too l
dently beyond the true' Orie. It Is theretore nut are the object ot the accusation. and t
g~nuIne InleI"pretetlon., Web. Herm. 59: of the accused. Pulb. Proc. Crim. c. 4,
Free or uttr"strioted Int67']l1"etation (lnterpreta_ IN7'ERROGA.TORIES. A set or seIi""
I/o soluta) proceeds slmply on Ihe general pm- questions drawn u tor the ose !
clPleso1 InterpreteUon in good ts..lth, not, bound pOunded tu a
bY ilny speclllc, or sUperior principle. Lieb. ,He"". Witness who
59,' '. ., . asertes'o1!
14mitsd or r<i#rict~d Inttn"Plmation (l"t<lrpre. judIchl1 eu
tatlo Umltatu) Is. when weare inJluenced by other taking evlden
954
Jul 07 2005 3:49PM
Attorne~ at Law
970-963-2111
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Attorne~ at Law
970-963-2111
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FROM: Panasonic FAX S'ISlEM
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Jul. 05 2e05 01:07PM P2
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SPECIAL WARRANTY DEED
1);15 DEED, Made September 21 , 2004
between THE JONES FAMILY PARTNERSHIP, lLlP
of the County of ARAPAHOE and State of CO,
of the first pert, GRANTOR and WARREN MAPLE LLC, A COLORAOO UMITED LIABILITY
COMPANY AND DAVID MAPLE LLC, A COLORADO UM'TED LlABIUTY COMPANY
whose legal address Is: 565 So. Broadway, Su!te 200, Denver, Co
of the County of 80209 State of Co,
of the second part, GRANTEE
WITNESSETH, Thel the SBld partin 01 the foro' part, for and in ~Onsiderallon of lhe StIrn of Ten dolllllrs end other
good and v<lluablco QOnslderellons, 10 the salo panles of !he first part. in "''''A paid by the sijid parties of the
.econ<! pan, Ihfl receipl wIlereof Is hel1tb.y confllSsed end Bt'kna'Medged, hBs gr"nted, bargained. sold and
conveyed and by thallle presanllll do 1IIlmI"barll"'n, sell, cOlwey aM confitm unto Ihe said parties of the second
part. ilo successor. ""0 allC19no forever; 811'thi> follow'ng d98mb.d loti or parcel of land, siluate, lying and being
in Ihe County of PITKIN and Stele of COL.ClRAoO.. \0 wit' ".' ,
.. ' ....:{ ..":. .,~. I'
LOT 1, ,'0',. _._
BLOCK 3, .' ,..
ASPEN 'GROVE SUBDIVISIPN, acco~il'19.1!l ~9. PIIII thereof recorded in DilQh BOok 2A at ':'.
Page 291. ., ".",',,':'." ':""'-'''''.' . ":....: .... .... ',"'.<>."/<:',:.:':;..
Tooa1her willi all and singLllar thB heredltamenls:and appurtenances Iher&-unto belon~ng. or In anywiso
appertaining. and lhe revarslon .ndreversiOn8. relt)alnder.end remainders. ....nts. Issues and profits thereof;' and
all tho e91a11l, righI, \l11e, Inl8/'8al, claim :and Clerilan.d Wi)a1il~.vet~ or the sail! partie. of the flrsl Pllrt. ..Ither in law
or equity, oJ, in andlp. ~ abo,ve: billrliillnlidprilrr1\S&B, witfr'1Rc her"ditamllnis'anc! eppurtSnancas; TO HAVE AND
'\"Q \1CLn th,,"s1iid liiiOml5eS'llbD-W;>'b6r:iieii\ed end cesCllbed, with the eppurtenandes. unlo the nid parties or /he
second pert. Its suocessors aode.s;gii.'forever. And Ule slll<l perties or the nrst pert for th""",olves. lhelt hlti(5
end assigns do covllllanl, granl, bargaIn and agree to and .wllh.-tOO 'said parties of the saoond pan, uw,ir .
successors IIIlC assigns, the above bergalneil premises In,thO 'quiet and peaceable pos"86ion of said parties of' '.
the second part, lis successors and anlg'mi, againlllt all and evary perlon or persons lawfully claiming or 10 claim
the Whl)le or any pan thereof, by through or under the said Parties of tho IIrs! part to W^~RANT AND FOREVER
DEFEND. The singular shall inclUde the plural, the plurallhe singular, and the us. of gender shall be applicabie to
all geMeMl.
IN WITNESS WHERe:OF, the said parties of Ihe firsl pan "ave 1l8r"Uf1to S..llheir hend(s) and .eal(s).
SIGNATURES ON PAGE 2
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I(LVl" DI\VU PtTICtN t:GUNTY.CO R 11..11 D 88.87
58Z1a0
lRfIlSFER DECLARATION RECEIVED 09/2l12t04
1
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ImlIN ClIUNJVmte INt.
.. E. HOPIGHS AVE, .
AIfIN, CO
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Jul 07 2005 3:50PM
Attorne~ at Law
970-963-2111
p. 11
FROM: Panasonic FAX SYSTEM
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Jul. 06 200S 01:07PM P3
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SI1..VIA DAVIS PJTK1N C'OUHTY co If 11." D B6 ,87
PAGE 2 TO SPECIAL WARRANTY DEED
SIGNATURE PAGE
THE JONES FAMILY PARTNERSHIP, LLLP
~ Jones r JCJ('l'Vlo Je e
Trustees of the Olivia Jones Revocable Trust uJafd Dece
r
003. General Partner
STATEOF ~ )
. ss
COUNTY OF ~ )
Th~re!Flng InstrulT1&nt was acknowledged before me this. '7f:11t.. day of
r::::T;pr. , 200~ By; THE J0NES 'FAMll YPARTNERSHIP, LLL P, By: Olivia Jones
and Jeffrey Barker, Tru~ee~ of the Olivia Jones.Revocable Trust u/a/d DElcember 24, 2003,
General Partner,
WITNESS my hand and official seal
~'-h-:'."
Notary Public
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. ,Co.. my comlt1iaslon. ex.pi~es;7...,:$.. ~e.
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Jul 07 2005 3:50PM
Attorne~ at Law
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OROM Panasonic FR~ SYSTEM
PHOI-E NO. :
Iul. 06 2005 01:08PM P4
E' X C By n.or,,--J~
~F='o QC
SCHEDULE B SECTION 2
EXCEPTIONS
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t?loct ~
The policy or policies to be issued wlll contllin exception. 10 lhe following unless the same !Ire di$po..ed of 10
the $atislllcllon or the Company:
1. Rights or claims 01 pllrtles In posses.ion nol shown by lhe public records.
.2. . 'Easemenl$. or claims of easeme018, not shOWll by the public records.
3.. . DlsorepancleS, conllicts In ~un<;lElry lines. shortage ill area, encroachments, any facts which a correct
sUlVey and Inspection 01 the premiaes woulcl disclose ancl which are not shown by the publio records.
4. Any lien, or righlto a lien, for serl/ioes, labor, or materia. heretofore or hereafter furnished, imposed by law
IInd nol shown by the public records,
. 5. Defects, liens, encumbmnces, adverse claims Dr olher mailers, if any, created, first appearing in Ihe Jlublic
.records or attaching subsequent to the effective d~te hereCl! but priClr tD Ihe date the prDpDsed insured
. acquires Df record for v81ue the estate or i(1ter.~t or mortgage ,thereon covered by l~i9 Commitment.
6. Taxes due and payable; and. any lax, special assessment, charge Or lien imposed for water or sewer
service Df lor any other special laxing district.
7. ReseI'Jallons and exceptions as contained In United States Patent recorded January 17, 1949 in Book 175
af Page 243.
8. Those terms, cDndiliDn$, provisions, obligations, easements. restrictions. assessments and all malle", as
set forth in Protective Covenants ,for Aspen ,Grove'"Subdiltislon recorded August 14, 1958 In Scok 1&4 at..
Palle 479 (Block 1) end NClVember 12, 1963 In .BoOk 2Q4 atfSage 566 (Block 3) and Notice Df Declaration
. 'recorded NDvember 29, 1989 In Book (108 al p.age-'~46,. cUleling tl)erefrom any restrictions indicating llny
, .. :.iPll!!leteOCe, limitation or discrimin'atlon ba~ed on'iIioe"colOr,'religion, !mx, handicap, familial status,.or
';:::;~.i ';::~!=~!~~!r~~!~ jf ~~~'iiliir aYirti~tiiii'~~. di~cJosed.'~~p.iar$' ofSUbjkctPropCllyreconl~j~ :~it~~~~~)),~Ji: :\;ii~l;.';
2A at Page 246 and Ditch Book 2A at Page 291. . '. .... . . '" '''''~''''''.. ..'" .".,
'.
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10, Terms, conditio'ns, provisions, Dblilla1ions' and all.matters 89 set forth in Ordinance ND. 26. Series of 1987
by CiIy of Aspen recorded July 22, 1987 i(l BOok S41:al,Page 979 and Ordinan<:e No. 2B, Series of 1987
.recorded October 1. 1987 In Book 547 ill Page '1~j... '
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EXHIBIT
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Chapter 26.316
APPEALS
Sections;
26.3 I 6.0 I () Appeals, purpose statement.
26.316.020 Authority.
26.3 I 6.030 Appeal procedures.
26.3 t 6.01 n Appeal>, purpose statement.
The purpose of this Chapter is to establish the authority of the Board of Adjustment, Grc\\th
Management Commission, me Planning and Zoning Commission, and City Council to hear and decide
certain appeals and to set fOM the procedures for said appeals. (Ord. No.1 7-2002 ~ 2 (part), 2002)
26.316.020 Authority.
A. Board of Adjustment. Tne Board of Adjustment shall have the authoril)' to hear and decide the
following appeals:
1. Any decision or determination made by an administrative official unless otherwise specifically
stated in this title.
2. The der.ial of a variance pursuant to Chapter 26.314 by the Planning and Zoning Commission
or Historic Preservation Commission.
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B. City Council. The City Council shall have the authorit)' to hear and dec ide rhe following appeals:
1. An interpretation to the text of mis litle or the boundaries of the zone district map by the
Community Development Director in accordance with Chapter 26.306. An appeal of this nature shall
be a public meeting.
2. Any action by the Historic Preservatioll Commission in approving, approving with conditions,
or disapproving n development application fOI development in an "H,", Historic Overlay District
pursuant to Chapter 26.415. An appeal of this nature shall be a public meeting.
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3. The scoring determination or allocatiolls of the Growth Management Commissionpursuantto
Chapter 26.4 70. An appeal of this nature shall be a public meeting.
( 4. Any other appeal for which specific authority is not granted to another board or commission as
established by this title. An appeal of this nature shall be a public meeting.
,
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C. Plamting and Zoning Commission. The Planning ar,d Zoning Commission shall have the authority
to hear and decide an appeal from an adverse determination by the Community DevelopmentDirector
on an application for exemption pursuant to the growth management quota system in accordance with
Section 26.470.060(0). {Ord. No. 17-2002 ~ 2 (part). 2002; Ord. No. 27-2002 ~ 23. 2002)
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26.316.030 Appeal procedures.
A. Initiation. Any person with a right to appeal an adverse decision or determination shall initiate an
appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The
notice of appeal snail be filed with the Conununity Development Director and with the city office or
deparlrr,ent rendering the decision or detennination within fourteen (14) days of the date oftt,e decision
Or determination being appealed. Failure to file such notice of appeal within thc prescribed time shall
constitute a waiver of any rights under this title to appeal any decision or detcrmination.
B. EfIe"t of filing an appeal. The filing of a notice of appeal shall stay any proceedings in furlherance
ofllle action appealed from unless the Community Development Director certifies in writing to the
chairperson of the decision-making body authorized to hear the appeal that a stay poses an imminent
peril to Jjfe or property, i.n which case the appea I shall not stay further proceedings. The chairperson of
the deci sion making body with authority to hear the appeal may review such certification and gran~ or
deny a stay aflhe proceedings.
C. Timing of appeal. The decision-making body authorized to hear the appeal shall consider the
appeal within thirty (30) da)'" of the date of filing the notice of appeal or as soon thereafter as is
practical under the circumstances.
D. Notice requiremcnts. Notice of the appeal shall be provided by mailing to the appellant and by
publication to all othcr affected partics. (See section 26.304.06U(E)).
E. Standard of review. Unless otherwise specifically sbted in ~his title, the decision-making body
authorized to hear the appeal shall decide the appeal based solcl)' upon the record established by the
body from which the appeal is t,.]cen. A decision or dete:mination shall be not be reversed or modified
unless there is a finding that there was a denial of due process, or the administrative body has exceeded
its jurisdiction or abused its discretion.
F. Action by the decision-making body hearing the appeal. The decision-making body hearing the
appeal may reyerse, affirm, or modify the decision or determination appealed from, and, if the decision
is modified, shall be deemed 10 have all the powers of the officer, board or commission from whom the
appeal is taken, including the power to impose reasonable conditions to be complied with by the
appellant. The decision shall be approved by written resolution. All appeals shall be pubtic meetings.
COrd. No. 55-2000, ~~ 4, 5; Ord. No. 27-2002 ~ 24, 2002)
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Seciions:
26.306.010lnterpretation.
Cbapter 26.306
il'.'TERPRETATIONS OF TITLE
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26.306.010 Interpretation.
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A. AUlhority. The Community Development Director shall have the authority to make all
interpretations of the text ofJillLDtle@)he ~1;1_~.Efthe :1:one di,trict,map.
B. Initiation. An interpretation may be requested by any affected person, any resident or real property
owner in the City of Aspen, or any person having a contractual interest in real property in the City of
Aspen.
C. Procedures.
1. Submission of request for interpretation. Belore an interprelalion shall be prov ided by the
Community Development Director, a request for interpretation shall be submitted to the Community
Development Director.
2. Detemlination of completeness. Within fifteen (J 5) days after a request for interpretation has
been received, the Communi!) Development Director shaH determine whether the request is complete.
If the Community Development Director detennines the request is not complete, he shall serve a
written notice on thc applicant specil)ring the deficiencies. TIle Community Development Director ,hall
take no further action on the request for int~rpretation until the derIciencies are remedied.
3. Rendering of interpretation. After the request for interpretation has been determined complete,
the Community Development Director.~~ender Ill) ill1&[jll:l:Wio~ within fifteen (15) days. The
Community Development Director may consult with the City Arromey and review this Title and the
zone district map, whichever is applicable, before rendering an interpretation.
D. Fonn. The interpretation shan be in writing and shall be sent 10 the applicant by certified mail.
_"'-'~'--. ----'--_..--.-"..
E. Official record. The Community Development Directur shall maintain an ofiicial rec"n! of all
interpretations in the Community Development Department, which shall be available for public
inspection during normal business hours.
F. Appeal. b-J1YP"r.;;on,,~]1".J1~..~9~!!.~~~tfQ.t.i~mi.~!tiQ!L"l"Y..~~~Ltj}p)nterp!~!!!!!.(Jn of the
Community Development Director to the City Council in accordance with the appeal procedures set
forth at Chapter 26316.
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K. \Vritten or in "''Titing. TIle term I'writte.n" or "in writing" shall be constroed to include any in-
scribed representation of words, letters or figures, whether by printing or otherwise.
L. Year. The word "year" shail mean a calendar year.
M. Boundaries. ImelJ!retations reg,!!diug_ZQ.lJ.l~.~dl!ries shall be made in accordonce with
the follewing:
I. Boundaries shlOwn as perpendicular to or following, or approximately following, any street,
aUey. right-of-way ol'water course shall be construed as perpendicular to or following the centerline of
th~ street, alley, right.of..way or wa.t~ course.
2. Boundaries shown as following, or approximately following, any platted lot line or other prop-
erty line shall be construed as following such line.
3. Boundaries shown as following, or approximately following, section lines, half-section lines,
or quarter-section lines shall be construed as following such lines.
4. Boundaries sho'W'O as separated from and parallel, or approximately pnrnllel, to !lilY of the fea-
(lIres listed in the paragraphs above shall be construed to be parallel to such features and at such dis-
lance therefrom as are shown on the zone district map.
26.104.090
Reserved.
Definitions.:
III hIS code, unless the context otnerwise requires, the follo\vingterms shall be defined as
.
-~ 26:1~~1~0
follows:
,o.Q..;,' .J.i f\ Academ ie Uses: The use of land or buildings for educational activities with attendant research,
fJ.)!?';if housing, administralion, and public venues. Academlc Uses may include public or private school, un;.
~. ~v versity, teaching hospital, research facility, testing laboratory, library, auditorium, admimstlative of-
r\< :-,\ fices, faculty housing, student housmg, or stmilar uses.
,
()I'- Accessory Dwelling {;" nit (ADU). A dccd rest,'icted dwelling unit attached In or detached frum a
principal residence situated on the same lot or parcel. and which meets rhe occupancy, dimensional and
other requirements set forth in Section 26.520 of this Title, and requirements set forth in the As-
pen/Pitkin Count)' Housing Guidelines.
Acct$Sol')' structure or building. A building or other structure that is supportive, secondary and
subordinate in use and/or size to the principal building or structure on the same parcel or lot. (See,
Chapter 26.575.] 40, Supplementary Regulations -- Accessory use.~ and accessory structures).
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Linked pavilion. An enclosed walkway cOlmecting a primary structure to an accessory structure.
(See Supplementary Regulations--section 26.575.020(A)(8), Linked Pavilion).
Lodge. Same as hotel.
Loggia. A deck, or porch attached to a living space and open on at least one side de,' eloped under
a roof as an integral part (If the building's ma..s ratber than .., an appended element.
Logo. An arti"tic portrayal or decorative paTtern printed or otherwise placed on an exterior wall,
windl.J\\.' sign or oLhe;r exlerior surface which may be view~d from outside the premises upon which it
has been placed and which is used or displayed to identify, advertise or promole the premises, a person,
business. ser"ice~ organization or product.
Long term. The occupancy of a dwelling unit for residential purposes for a time period not less
Ihan six (6) consecutive months and shall include rental occupancies. except that two (2) shorter rental
occupancies may be allowed per dwelling unit per year.
,- Lot. A defined individual area or unit of land resulting from subdivision and reflected on a re-
l corded plat approved by the city: or if crealed and recorded priorto the adoprion by the city of subdivi-
sion regulations, or prior to its annexation into the city, a unit or area ofland designated by a separate
and distinct number or letter which is illustrated on a plat recorded in the office of the Clerk and Re- '
corder for Pitkin CountY.
k Lot area. The tota-l horizontal area contained within the lot lines efa lot, or other parcel of land.
(See, Supplementary Regulations - Section 26.575.020, Calculations and Measurements).
Lot depth. 111e shortest horizontal distance between t.lJe front and rear lot~ines.
Lot line, front. The linenormally closest to and/or dividing a lot from a street or street right-of-
..-.... .. . ~_..._-p.-
way.
Lot line, roar. The 1m line opposIte the front lot line. J- ~? 'i'(l. ,:l~1"
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Lot line, side. The lot lines other than front or rear lot lines.) -$' Pf? N e? - ';. i.Rt ~s.
j.C'''- (Z.~fI frwJt;~
Lot width. The IlOrizontal distance between the side lot lines as measured along the frott yard ~U~
setback Ime. .
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Manufactured home. A single family dwclling unit which is partially or entireiy manufactured in
a factory or at some location other than the site of final construction and installation. A manufactured
home is installed on an engineered, pemanent fO'JIldation and has brick. wood, or cosmetically equiva-
lent siding and a pitehod roof. Amanufaetured home is certified to the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. 5401, e1 seq., as amended.
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. (Ord. No. 55-2000, S 15; Ord. No. 1-2002916,2002; Ord. No. 23-2004, 93; Ord. No.5, 2005,
92)
26.575.040 Yards.
The following .upplemental regulations shall apply to all yards.
A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky ex-
cept for the following allowed projecllons:
1. Building eaves-Eighteen (18) inches;
2. A l'chitectural projeclions-- Eighteen (18) inches;
3 Balconies not utilized as an exterior passageway, may extend the lesser of one-third of the
way between the required setback and the properry line or four (4) feet.
4. Fire escapes required by the Uniform Building Code-Four (4) feet;
5. Llloovered porches, slabs, patios, walks, retaining walls, steps lII1d similar structures,
whi~h do no: exceed thirty (30) inches above or below natural grade, shall be permitted to project
into the yard without restriction. Projections may exceed thirty (30) inches below grade jf deter-
mined 10 be required by' the chief building official for window egress.
6. Fences, hedges, berms and walls less than six (6) feet in height, as measured from natural
grade, are permitted ill all required yard setbacks. (See, Supplementary Regulations - Section
26.575.050, Fences.).
7. Driveways Dri\'eway 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, driveway access shall not exceed a depth or height greater than thirty (30) inches above
or below grade. Parking is only permitted within required setbacks if it is in an approve<! driveway
or other area approved for parking.
8. E"terior merchandizing. Exterior merchandizing in non-residential zone districts shall be
prohibited in all required yard set backs.
B. Required Yards Adjacent to Private Roads. All required Ylll"d setbacks under zone district
regulations are based on distance measured from the right-of-way line of a dedicated public way.
Where there is no publio de<!ication and the Jot Hne extends to the centerline of the right-of-way,
the required yard setback shall equal .the distance specitied under z.one district regulations, plus an
additional distance equal to one-half {1/2) of the right-ot~way width as if such private way were
dedicated for public use.
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C. Comer Lots. On a lot bordered on two (2) sides by intersecting streets, the owner shan have a
choke as to which yard shall be considered as the front yard, such yard to meet minimum setbacks
for a tront ).ard in that zOlle district. The remaining yard bordering a slreet may be reduced by one-
third (1/3) of the required front )'ard setback distance f~r the zone district.. The rear yard must coin-
cide with the rear aligmnent of neighboring lots regardless of which yard is considered the front
yard by the owner.
D. Transitional Yards. Where n'lO (2) lots which share a common side Jot line are in different
zone districts. the lot in the more intensive zone district shall observe the required yard se(oack dis-
tance as cSUlblished for the less intensive u.e mne district.
E. Non-Aiigned Lets. For an)' lot in the R-6 zone dislril.:t in excess of nine thousand (9,000)
square feet which is not aligned along tbe traditional Aspen Townsite lot lines, the building inspec-
tor shall measure tbe side yards from the two (2) shortest sides of the Jot which are opposite from
each other and the front and rear yards from Ihe t"'u (2) longest sides of the lot which are opposite
from each other.
26.575.045 Junk Yard and Service Yards.
Junk yards (see definition, Section 25.104.100) shall be screened from the view of other lots,
structures. uses WId rights-of-way. Service yards (See definition, Section 26.104.100) shall be
fel1ced so as not to be visible frumthe street, and such fences shall be a minimum gix (6) feet high
from grade. Ail fences shall be of sound construction and shall have not more than ten (10) percent
open area.
26.575.050 !<'eoces.
Fences shall be permitted in every zone district provided thaI no fence shall exceed six (6) reet
aha....e natural grade or as otherwise regulated by the Residential Design Standards (see Chapter
26.410). Fenc.es visible from the public right-of-way shall be constructed of wood, stone, wrought
iron or masonry. On corner lots, no fence, retaining "vall, or similar object shall be erected or main-
tailled which obslrucl> L"e traffic vision, nor on comer lots shall any fence, retaining waiL. or simi-
lat. obstruction be erected or maintained whicb ellceeds a height of forty-two (42) inches, measured
from sired grode, wiihin thiTt). (30) feet from the paved or unpaved roadway. Plans showing pro-
pused construction, material, l.)cation and height shall be presented to the huilding inspectClr before
a building permit fer a fence is issued. Additionally, foliage shall be placed and maintained so that
it will not obstrUct vehicular visibility at intersections. (Ord. No. 55-2000. ~ 16)
26.575.<160 UtilityrrrashlRecycle Servi~e Areas.
A. Grneral. The foilowing pro'.isiClns shall apply to all utility/trash service areas:
1. If the property adjoins an aJley-....ay, the utilityitra.shlrecycle service area shall be along
and accessed from the alleyway. Unless enbely located on all alleyway, all utilityllmsh
service areas shall be fenccd so as not \0 be visible from the street, and such fences sban
be six (6) feet high from grade. All fences shall be of sound construction and shall be no
Ie,s than 90% opaque.
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Chapter 26.314
VARIANCES
Sections:
26.314.0 lU Purposes.
26.314'()20 Authority.
26.314.030 Authorized variances.
26.314.040 Standards applicable to variances.
26.314.050 Procedure for variance approval.
26.314.060 Conditions.
26.314.070 Expiration.
26.314.080 Appeals.
26.314.010 Purposes.
Variances are deviations Irom the. terms of this Title which would not be cunlmry to the public
interest when. owing to special circumstances or conditions, Ihe literal enforcement of the provisions of
this Title would result in undue and unnecessary hardship. Variances shall only be granted in
accordance with the terms of this Chapter.
26.314.1l20 Authorit)..
The Board of Adjustment. in accordance with the procedures, standards and limitations uf this
Chapter shall approve, approve with conditions. or disapprove a development application for varian""s
to the terms of this Title. If the application for a variance is part of a consolidated application prooess
aulhorized by the Community Development Director pursuant to Section 26.304.060(B)(I), !he
Planning and Zoning Commission, or the Historic Preservation Commission may review the
application for a variance using the standards and procedures set forth in t....is Cbapter.
26.314.030 Authorized variances.
Varianc.es may only be granted from the following requirements of this Title 26:
A. Dimcmsional requirements.
B. Permitted lIses, but or.ly to allow for the temporary oil-site location or storage of materials,
structures or equipment pursuant 10 building construction or construction staging.
26.314.040 Standards applicable to variances.
A. In order to authorize a variance from the dimensional requirements of Title 26, the apprO]lriale
decision making body shall make a finding that the following thrce (3) circumstances exist:
l. The gr:a...t of variance will be generally consistent with the purposes, goals. objectives, and
policies of the Aspen Area Community Plan and this Title;
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2. The grant of variance is the minimum variance !hat will make possible therellSonable use of
the parcel, building or structure; and
3. Literal interpretation and enforcement of the terms and prov isiollS of this Title would deprive
the applicant of rights c.ommonly 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 hoard shall consider whether either of the following conditions apply:
a. There are special c,mditions and circumstances which are unique to the parcel, building or
structure, which are not applicable to other parceis, structures or buildings in the same zonc district and
which do not result from the actions of the applicant; or
h. Granting the variance will not confer upon the applicant any ''Peelal privilege denied by the
Aspen Area Community Plan and the terms of this Tit]e to other parcels, buildings, or structures, in the
same wne district.
B. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision
making body shall make a fmding that all of the following circumstances exist:
I. Notice by publication, mailing und posting of the proposed variance has been provided to
surrounding property owners in accordance with sootion 26.304.060(E)(3)(a)--(c).
2.A variance is the only reasonable method by which to afford the applicantreliefHI1d to deny"
variance would cause the applicant unnecessary hardship or practical difficulty.
3. The temporary ofT-site storage or constru<:tion staging can be undertaken in such. manner so
as to minimize dlliruplion, :fan)'. of normal neighborhood activities surrounding the subject parcel.
4. If ownership of tlle oft"-site parcel subject to the proposed variance is not vested in the
applicant, then verified written authorization of the parcel's owner must be provided.
5. Adequate prc,vision is made to restore the subject parcel to its original condition upon
expiration ofth(. variance, iIlcluding the posting of such financiai security as deemed appropriate and
necessary by the appropria\e decision making body to insure such restoration. (Ord. No. 27-2002 ~ 7,
2002)
26.314.050 Procedure for variance approval.
A. Initiation. A development application for a variance may be initiated by over fifty (50) percent of
the owners ofthc real property for which the variance is proposed.
B. Determination of completeness and review by the planning director. A development application
for a variance shall be initiated by the submission "f a development application to the Community
DevelopmentDirector in a form established for sllch purposes. The Community Development Director
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970-953-2111
shaH review the application and determine its completeness and shall refer writte.n comments 10 the
appropriale decision making body.
C. Steps Required. One step is required to review an application for a variance: A public hearing
before the appropriate decision making body.
i\oticc rcquirements: Publication, mailing and posting (See section 26.304.060(F.)(3)(a)--(c)).
D. Dccision-making body action. Al the conclusion of the public he",ring, the appropriate decision
making body .holl determine if the application meets the standards of this chapter, and shall issue a
resolution to approve, approve with conditions, or disapprove the application for a variance. (Ord. No.
27-2002 S 8, Z002)
26.314.060 Conditions.
The Director of the Community Development Denartment may recommend and the appropriale
decision making body may impose, such conditions on vana..1ces as are nec.essary to accompl ish the
goals, objectives and policies of the ^spen Area Community Plan and the terms of this title. All
variances granted so as to permit the temporary off-site storage of materials, structures or equipment
pursuant to building construction or construction staging shall commence and terminate on dates
certain as established by the appropriate decision making body and shall not relieve an applicant from
obtaining all necessary building permits.
16.314.070 Expiration.
A. Expiration. Unless vested as part of a development plan pursuant to section 26.308.010, and
e:<eeptas otberwise established by the appropriate decision mtlkingbody, a variance granted under this
chapler shall automatically expire after twclve (12) months from the date of approval unless
development has been commenced as illustrated by the issuance of a building permit.
B. Extension. The appropriate decision making body may grant ft one time extension ofa variance for
up 10 twelve (12) months. AI! requests for an extension must be submitted prior to the expiration of the
existing development order, must demonstrate good cause showing that an extension is necessary, and
must demonstrate that the ciroumstances as set forth in this chapter are siill applicable.
16.314.08l1 Appeals.
An applicam I1Uly appeol an adverse determination by the Planning and Zoning Commission or
Historic Preservation Commission Oll all application for a variance that is consolidated with other
development applications III the Board of Adjustment. Such appeals shall follow the general appeal
procedures set for:h in Chapter 26.316.
30
F.14
;jOJU :JO..J r-."~
Jun 14 20QE S:~OPH
At't.ori"',e::l .l!l'C l...eW
~oml ?
'.,
'-'
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v.n.' property r!pt. 'the richl to \llldCIlllke.ad QOIIlPI.CtlO the dcveJgpmeat and .... of proptrly
\llIllcl the tCmlllnd colldition. of l.ilD ~ocifio llcYel~JllIlOllt pllll.
V tkrbuorf dude: A facility malutBinecI by 01 for h _ orolicesll.d veteriDlliID ~ till: clIUlld
\lcltmcnl of animlll...tcrcin ovcmialtt we il prohibited <<...!ten n._sary for mocbcoil P'UJION8.
w....rcou".. A ri_, etroalll or welor m:iaoti~ diloli.
Whip antenna: A llexible loe! mtllll./ll. IUPPorted 0111 'oalllnJ~r.
WU4l1fe resletlnt dump.ter or UI.b _OIUrt. A tkvicoor IlIUoturo ll1tended to Itore dam",,".
!'Imst and limit 111001. 'oy non-dc_lie mammal. IT.eetiDldlnequlremell.tI ofMulclpal Code ClAp-
~u 12.01 .. Wildll'o proloot101l.
W\relell ta1ecollUllunlcstlon aervlu. radlllleludlor .qulp..nt. C.l1u1u 1Ol8phone, .,.alna.
e\1lllUlOtd ,peclalized mablle JIdlo (BSMP.). pcnona! ~Oll serv\ell6 (I'CS), eo_ia1l11C>'
'oil. rldio 'I"'~ (CMRS), ~ oIhor wirelCIIs ocmuncrclal t&\oco1lUItllllic&tlondevlOOllnd sllsuvci.
&led ~_ Ind C<luipment inahading ttwllliu.r., N\!OllIlI.,llIonopo!t:s. towm.1IIUlI and ml;ro.
wave diBheI. cablnetalll4 eqlllpmolluoGlll.. !hi. defllliticll Qa', nolaPJllytonon-commtrCLallltc\lilo
ol,n IlltellflJlj:, radio and lelevision lIanllllil\Crlll:lll_nnll iMlMlItII to retldarl1lal \lll.
A. "C.ltulu' meuJ an allllolOf dillital wlrelonccmmwlioatlon tcc:bnolOlY tllat Is baaed on a sya-
:CIlI of lZltor.o~tccl nciallborinl gellsllll, each oh>hich IlOIIIIinI anlCllIII.
B. 'Enhanced SpocializtdMobi~ bdio" (BSMP.) IlICW IdliUal wizelelacommllDicaUontechno\.
OIY that specialllJlllJl proVl41IlS dapatcbins scr\'icc&.
c. ''1'o:aorlAl Comrnumcatiao. ServIces" (peS) -. a Qisltl11 wireLoII cOJML1lDicationll:chllolOl}'
Ihlt has the capacity fOf muldple ~rnllllicaliolll ,,,"ioOl and win JlfOyJdo I systOllI in wbicll calIJ
will be rouleCl to individual. nth.r than pllOM. rOlarl11111 of loCallOll.
t-
WOl"IWaI rulA.nc. A porHe." defined ill the Afi"ordable Hou.ing Guidolin...
h\'d. '!'he iWun~' tW:ouD41na a bulllting 01\. the lillle let Of pltcel whidl are 1IIloGWpied aM
unobllNclllclabove ad b.low pound, except for_llll1d vcptatioa. or.. olbGrwise pcmaittod ill this
Tillo (See S lemel1llf)' I\qUlatiolll- .seotl0ll26.5"75.040 Yu " ,
_d---
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YanI, frollt. ThA yord .1M.' th.!Jill! wlGtll9ralot ort)a..ocl, thodcpth ufwbioh iltnlllPllrecl
by .:b~ narrow.1t hllriz.cmtel di.tm". batwaoD the I'toatlot Ileund the neuutlll1rf'ace "rthe prl1\clpal
builclllli at ~aQo.
Ya rear. A yard extendil\stbe full width of a lot or pan:eI, the depth ofwblclll. melured at
tbenarrowcat horizol1ll1 diJlanl:c1tctw:cathe rear lot llita llDIl the nearea\ _race oftba principal1ml\d.
lIIg al gra4e.
33
Jun 14 2005 8:41PM
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COMMUNi TY D[VE.OPM[~T
~D 2387 P. S
. (Ord. No. S5.~OOO, f 15; Ora. No. 1.~OO2 116,2002; Or4. No. 23.~004, 03; <nd. No. S, 200S,
92)
~U75.MO Vanll.
The folloWill, '~PFlott'...nlal I1liU1atio... ahaU apply to all yard..
A. l'roJecliollS lAto Re<tllired Yard... YardI.baU" ~'oIlMtoIl from the 1f0\llld to the aky ex.
cept for the foUowill, IIll0wea projectilml;
I. Bulldin; et"et..!llahtcen (18) illcb.cs;
2. Mhitcctuul peojo.olienl" EichtQCll (I B) lnllhOl;
3 Bllcolli" nol ~tiliDa u u exterlClf p...geft" Dll)' tllllnli llto 1_ of OI1o.lhirli of th9
way'oetwcen tho requhed nick ancllhepraperty llne or fo1ll'(4) feol.
4. File cscaPO$ lCqui1'c4 by tM \In.iicnn Building Code-Four (4) rect;
S. Uncovered po:cbt., Ilabl, pltio., wallts, l'Iltainilli wanl. stepa and similar IlrUCtIIreI,
whieh do not llXI:eed thin)' (30) iDChlll above Of bllAlw IIIt111'al aradl, lhall be plftl11tled. to projoct
inlO th, )'Itd wilbout ~ll:lctiOll. Projcmicms mIl' excnd thirty (30) IJIches below srade If deter-
l31illo<110 be roqlllrccl by 1M chief buildlng official for window osro...
6. Peace., hld&II. berma and Wlnt leIJlI'lIa ail!. (6) feel ill helghl, u mcuurccl frODllllt\lral
grade, lilt pormlttied !.n all rcqlllrcd yard setbacks. (See, SuppllZllll\lUY aaaulUiolll - SKtiOIl
26.S7S.0S0.l'e~.). .
(-- 7. Driveway. Driveway leeell NIall not eltccod a depth Dr hoirbllrcater than twenty.tour
II (24) lnella. ollll'll or below crade ..itbia tho required fronl yar4IC!baok. Within all c!berraqlllrod
setbl\Cka, drive....." acoea. IihallllOt eXlleed I cS.pth or help! SrQIe\' than thirty (30) iDI:hea lbove
or below &radD. Parkins it only pmrUlted within raquirld aelbackllflll,ln an IJIllTlWOd driveway
, or othet area apptOvod for parkinc.
........- 8. Exterior mOlobandizlna. EXlOriot IlICfIlq'ft~i"i1Ic In nClll-roMdGlllial zono clIllriola lhall bo
prohlbJted ia all requ.lred yard aet baob.
B. Relllllred YardI ~I""nt t<> Printo aaado. AU roqulrec! )'lIrd aelbacks l.IIIller 2mle diJUlClt
rtIll1aliora arc "selll 011 dlstlAec: lllell\ll'llcl tram the ~~ Ime of a d.di o.atd public way._.
W1Ielllllloro Is no pI1bllc lledlc&tJoJi and lIIe.1ot I~ ef(\:jlda lC lIIe DeIlCodino of the riahl-of-.".ay.
tho roquirad yard Ntback Ihall equal die lIUtancc .pe;iliad llnikr ZllDlI cliatricl fOllulalioOl. plua Ill.
addilional dialmee equal 10 one-hair {J/2) ot tile rial\t-ol'=wax !Ii4lJt .. 'of' .".,1\ r""" way WIN
decllt:l14d for pIIblic 1110. _..
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ArrORNEYS AT LAw
I
~k,'biC .IT.
201 NORm ~ STREET, STE. 203
ASPEN, COWRADO 81611
TELEPHONE (970) 925.8700
FACSIMILE, (970) 925-3977
KLEIN, COTE & EDWARDS, LLC
HERBERT S. KLEIN
LANCE R. COTE, PC.
JOSEPH E. EDWARDS, III, PC
EBEN P. CLARK
MADHU B. KRISHNAMURTI
hsk@kcelaw.net
Irc@kcelaw.net
jee@kcelaw.net
epc@kcelaw.nct
mbk@kcelaw.nel
..lsoadmtttedinC.lifornia
September 12, 2005
Board of Adjustment
City of Aspen
Community Development Department
130 South Galena
Aspen, CO 81611
Re: Lot I, Block 3 Aspen Grove Subdivision
To the Honorable Members of the Board:
As you may know, our firm represents Warren Maple, LLC and David Maple, LLC,
("Applicants") as owners of the above referenced property located on McSkimming Road within the
City of Aspen (the "Property"). This matter is an appeal to the Board of Adjustment (the "Board"),
initiated by the owner of a parcel that is not adjacent to the Property, Mr. Rufus Crockett
("Appellant"). Mr. Crockett seeks to overturn an interpretation of the City of Aspen Municipal Code
(the "Code") by the Director of Community Development, Mr. Chris Bendon (the "Director"). The
purpose of this letter is to assist the Board in its review of the issues to be presented and to supply the
Board with the Colorado law that governs the Board's decision.
Back!!:round
The Property is a long narrow lot located within a switchback turn on McSkimming Road.
The southern lot line of the Property is within the elbow of the switchback and the northern end abuts
another parcel. The broader, northern end of the Property is encumbered by two utility easements
that prevent construction of the home on that end of the lot. Applicant initially believed the eastern,
uphill lot line to be the "front" of the property. Were this true, a literal enforcement of the setbacks
in the Code would result in a building envelope that is only ten (l0) feet in width. After their initial
application for a variance was continued, Applicants reexamined the definition of the Minim~m
Front, Side and Rear Yard Setback Requirements set forth in Section 26.71O.070(D)(4), (5), and (6)
of the Code, and requested an interpretation of these Sections by the Director, pursuant to Section
26.306.010 of the Code.
After reviewing the Code and the Property, the Director determined that the southern lot line
of the Property, within the switchback, was more properly considered the "front" ofthe lot. This
decision is reflected in the Director's Zoning Interpretation dated effective June 10,2005. Appellant
now asks the Board to overturn this finding by the Director. Should the Board decide to reverse the
decision of the Director, Applicants will ask that the Board reconsider and grant the previously
requested variances to allow the construction of a single-family home on the Property.
Board of Adjustment
City of Aspen
September 12,2005
Page 2
The Current Appeal
Applicants ask the Board to reverse a decision by the Director. Section 26.316.030(E) of the
Code sets out the standard of review controlling the Board's decision. Section 26.316.030(E) states
"A decision or determination shall be not be reversed or modified unless there is a finding that there
was a denial of due process, or the administrative body has exceeded its jurisdiction or abused its
discretion."
This abuse of discretion review is similar to the review of any agency action by a Colorado
court. Under Colorado law, the reviewing body is limited to a determination whether the officer has
exceeded his jurisdiction or abused its discretion, based on the evidence before the officer. City of
Aspen v. Marshall, 912 P.2d 56 (Colo. 1996). This means the officer's finding is binding on the
reviewing body if supported by any competent evidence. The Fire House v. Bd. of Acijustment, 30
P.3d 762 (Colo.App. 2001). Therefore, the reviewing body must uphold the decision unless there is
no evidence to support it. See City of Aspen, supra. Furthermore, under Colorado law, the
interpretation of a zoning ordinance by a zoning administrator is entitled to great deference. See The
Fire House, supra. The reviewing body cannot substitute its judgment for that of the administrator.
Board of Equalization v. Craddock, 850 P.2d 702 (Colo. 1993). Again, this means the Board does
not reconsider the basic issue decided by the Director, and instead must limit itself to reviewing
whether the Director carefully considered his own decision.
Here, the Director thoroughly analyzed the issue as is reflected in his June 10,2005 Zoning
Interpretation. The Director recognized that the Code does not have specific guidelines regarding the
determination of the front and side of lots. The Code defines the front of a lot as "the line normally
closest to and/or dividing a lot from a street or street right-of-way," and the Director correctly
concluded that this definition could apply to any of the three sides of the Property that are bounded
by McSkimming Road. The Director also noted that all of the lots on the north side ofMcSkimming
Road have their front yard setbacks on the roadway and their rear setbacks on the furthest north lot
line, away from the roadway. Therefore, the Director's interpretation is consistent with other lots in
the neighborhood, and is in keeping with the character of the neighborhood.
Based on these facts, there is clear evidence supporting the Director's decision in the
circumstances constraining the Property and the Code. Therefore, Applicants request that the Board
uphold the Director's decision and not substitute its judgment for that of the Director.
Applicants, and our firm, thank the Board for their careful consideration of this matter.
Sincerely,
S,LLC
By:
Herbert S. Klein
gitlitz\boa Itr appeal 09-08-revhk.doc
I KLEIN, COTE & EDWARDS, LLC I
AlTORNEYS AT LAW
HERBERT S. KLEIN
LANCE R. COTE, PC.
JOSEPH E. EDWARDS, m. PC
EBEN P. CLARK
MADHU B. KRISHNAMURTI
hsk@kcelaw.net
IrC@kcelaw.net
jee@kcelaw.nel
epc@kcelaw.net
mbk@kcelaw.net
201 NORTH MILL STREET, STE. 203
ASPEN, COLORADO 81611
TELEPHONE: (970) 925-8700
FACSIMILE: (970) 925-3977
. also admilled in California
September 12, 2005
Board of Adjustment
City of Aspen
Community Development Department
130 South Galena
Aspen, CO 81611
Re: Variance Application for Lot I, Block 3 Aspen Grove Subdivision
To the Honorable Members of the Board:
This firm represents Warren Maple, LLC and David Maple, LLC, ("Applicants") as
owners of the above referenced property located on McSkimming Road within the City of Aspen
(the "Property"). This matter is an application for setback variances to allow the construction of
a home and driveway within the 30-foot front setback of the above referenced lot. Staff has
recommended approval of this variance, and the Board of Adjustment (the "Board") first heard
the application on May 19, 2004. At that hearing, the Board continued the matter. The purpose
of this letter is to assist the Board in its review of the issues to be presented.
Background
The Property is a long narrow lot located within a switchback turn on McSkimming
Road. The southern lot line of the Property is within the elbow of the switchback and the
northern end abuts another parcel. The broader, northern end of the Property is encumbered by
two utility easements that prevent construction of the home on that end of the lot. Applicant
initially believed the eastern, uphill lot line to be the "front" of the property. Were this true, a
literal enforcement of the setbacks in the Code would result in a building envelope that is only
ten feet in width. The Board considered this application on May 19,2005, but the application
was continued at that time.
After the continuance, Applicants reexamined the definition of the Minimum Front, Side
and Rear Yard Setback Requirements set forth in Section 26.710.070(D)(4), (5), and (6) ofthe
Code, and requested an interpretation of these Sections by the Director, pursuant to Section
26.306.010 of the Code. After reviewing the Code and the Property, the Director determined
that the southern lot line of the Property, within the switchback, was more properly considered
the "front" of the lot. An adjoining neighbor appealed that determination and the appeal hearing
is scheduled immediately prior to your hearing on this variance application. In the event the
.
Board of Adjustment
City of Aspen
September 12,2005
Page 2
appeal is granted and the Director's decision overturned, then you will be hearing this variance
request. If the appeal is denied, then this letter is not necessary as there will be no need for the
variance.
In the event the appeal of the Director's determination is overturned, Applicants ask that
the Board reconsider and grant the requested variances, to allow the construction of a single-
family home on the Property.
The Requested Variance
In the present case, the Community Development Department has recognized that the
Property meets all of the requirements for a variance and has recommended that the Board grant
the application. See Memorandum of Sarah Oates dated May 19,2005.
Under the Code, in order to authorize a variance from the dimensional requirements of
Title 26, the Board must make a finding that three circumstances exist. The Board is very
familiar with these circumstances, and they are, in short, that the grant: (I) will be generally
consistent with the purposes, goals, objectives, and policies of the Community Plan and Code;
(2) is the minimum variance that will make possible the reasonable use of the parcel; and (3) that
a literal interpretation and enforcement of the Code 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. Section 26.314.040.
In determining whether an applicant's rights would be deprived, the Board is required to
consider whether: (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; or (b) granting
the variance will not confer upon the applicant any special privilege denied by the Community
Plan and the Code to other parcels, buildings, or structures, in the same zone district. Section
26.314.040.
It is well recognized that the irregular shape or other peculiar physical characteristics of a
particular parcel constitute a classic hardship, unique to an individual owner, which justifies, and
in some cases, requires the granting ofa variance. See City oiCoral Gables v. Geary, 383 So.2d
1127 (Fla.App. 3 dist. 1980) and cases cited therein; 3 Anderson, American Law of Zoning sec.
18.34 (2d. ed. 1977).
Staff has already concluded that Applicants meet all of the above requirements, and
recommended granting the requested variance on May 19,2005. To bolster the
recommendations of Staff, Applicants ask that the Board consider several addition facts relevant
to this application. First, McSkimming Road is in the Mountain Valley area. This neighborhood
is comprised of medium sized luxury homes of between 3,000 and 5,000 square feet. The
proposed variance would allow the construction of a home with floor area within this range and
Board of Adjustment
City of Aspen
September 12,2005
Page 3
therefore the requested variance is the minimum necessary and would allow only a use that is
consistent with the uses on the surrounding lots and within the zone district.
Second, the conditions on the Property are certainly unique. The shape of the lot is only
the first aspect of the problem. The Property is also located on a steep slope that drops across the
narrow axis of the lot, use of the Property is restricted by utility easements on its northern end,
and finally, the Property is confined on three sides by the roadway. Because of these restrictions,
the literal application of the Code would result in a building envelope only ten feet in width.
This envelope would allow only the construction of a "railroad car" type structure with only an
eight and one-half foot interior space. Such a home could not have closets or hallways.
Ironically, such a structure would still require us to seek a variance in order to raise the grade
across the slope to allow access for vehicles as well as steps and a walkway to enter the house.
Such a structure would have trouble meeting the building code and would not even the satisfy
livability standards for affordable housing! Therefore, the constraints on this lot would cause
Applicants urtnecessary hardship and practical difficulty.
Finally, such a home would be very small and awkward, and unlike the medium sized
luxury homes in the neighborhood. Therefore, denial of the requested variances would deny the
Applicants the use enj oyed by the neighboring parcels.
Each of the points above is further addressed in the Memorandum of Staff. Applicants
believe Staff has correctly analyzed the issues and ask the Board to accept Staffs
recommendation and grant of the requested variances.
Applicants, and our firm, thank the Board for their careful consideration of this matter.
Sincerely,
KLEIN, COTE & EDW ARDYLC
L: ./
By: ~::-:/(/ /
--Her!5ert S. Klein
gitlitz\boa Itr~variance 09~11 revec-fdoc
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INTERPRETATIO -INTERROGATORIES
INTERPRETATlO CHARTARUM BENIGNE FA-
ClENDA EST, UT RES IIIAGIS VALEAT QUAIII
PEREAT. The Interpretation of deeds Is 10 be
llberal, Ihat the Ihlng may rather have effect than
fail. Broom, Max. 543.
J
INTERPRETATIO FlENDA EST UT RES IIIAG-
IS VALEAT QUAIII PEREAT. Jenk. Cent. 198.
Such an Interpretation Is to be adopted that the
thing may rather stand than fall.
INTERPRETATIO TAUS IN A.,mIGUIS SEIII-
PER FlENDA EST UT EVITETUR INCONVEN-
lENS ET ABSURDUlII. In cases of ambiguity,
such an interpretation should always be made that
what is inconvenient and absurd may be avoided.
4 Inst. 328.
INTERPRETATION. The art or process.of"dis.
CQ'Yering_and-exPQunding..ihe.. meaning..of_a..stat~
Lute.,. will, contract. or other written document.
People v. Com'rs of Taxes, 95 N.Y. 559j Rome v.
Knox, 14 How. Prac., N.Y., 272; Ming v. Pratt,
22 Mont. 262, 56 P. 279; Tallman v. Tallman, 3
Misc. 465, 23 N.Y.S. 734; Roberts v. Portland Wa.
ter Dist., 124 Me. 63, 126 A. 162, 163; Cohn.Hall.
Marx Co. v. Vanosdall, 25 Ohio App. 360, 157 N.E.
908, 909.
The discovery and representation of the true
meaning of any signs used to convey ideas. Lieb.
Herro.
....::t~t~iJon.:.1s-a -term~ot''i'lder scope..than. "lnterpr~
tat1on~" for, while 'the latterft_CO!lCerned only..wlth ascer.
talnlng,.the..sense _ and...meanIng...ot...the subject-matter, rile
former..maY,.also..!le dIrected to expla1n1ng,ihe.Jegal effects
and consequences of'the"jnstrument In questlon.-Hence
Inte1"pretalIon'precedeS'constructlon, but stops at the writ-
ten text.
-- .
InterpretatIon and. constructIon of written Instruments
are not the same. A rule of construction Js.one which
eIther" governs_the ..etfect, of.. an ,ascertaIned IntentJon, or
poInts out what the court should do In the absence of
express or jmpUed Intention. whUe a rule of Interpretation
Is one~\Vh1'i.h. governs ,.the _ asc~tal~menrbf':'the~meanIng.of
the maker of the jnsfrument. In re Union Trust Co., 151
N. Y.S. 246, 249, 89 Misc. 69.
Close interpretation (interpretatio restrCcta) is
adopted. it just reasons, connected with the for.
mation and character ot the text, induce us to
take the words in their narrowest meaning. This
species of interpretation has generally been called
"literal," but the term is inadmissible. Lieb.
Herm. 54.
principles than the strictly hermeneutic ones
Lleb. Herm. 60.
Predestined interpretation Cinterpretatio pre
destinata) takes place it the interpreter, laboring
under a strong bias 01 mind, makes the text su~
servient to his preconceived views or desires.
This includes artful interpretation, (interpretatio
valer,) by which the interpreter seeks to give a
meaning to the text other than the one he knows
to have been intended. Lleb. Herm. 60.
It is said to be either "legal," which rests on the
same authority as the law itself, or "doctrinal,"
which rests upon its intrinsic reasonableness. Le-
gal interpretation may be either "authentic." when
it is expressly provided by the legislator, or "us.
ual," when it is derived from unwritten practice.
Doctrinal interpretation may turn on the meaning
of words and sentences, when it Is called "gram-
matical," or on the intention of the legislator.
when it is described as "logica1." When logical in.
terpretation stretches the words of a statute to
cover its obvious meaning, it is called "extensive;"
when, on the other hand, it avoids giVing full
meaning to the words, in order not to go beyond
the intention of the legislator, it is called "restric.
tive." Holl. Jur. 344.
As to strict and liberal interpretation, see Con.
struction.
In the civil law, authentic interpretation of laws
is that given by the legislator himself, which is
Obligatory on the Courts. OU8tomary interpreta.
tion (also called "usual") is that which arises
from' ,successive i or concurrent decisions of the
court on the same sUbfect-matter, having regard
to the spirit of the law, jurisprudence, usages,
and eqUity; as distinguished from "authentic" in.
terpretation, which is that given by the legiSlator
himself. Houston v. Robertson, 2 Tex. 26.
INTERPRETATION CLAUSE. A section of a
statute which defines the meaning of certain
words. occurring frequently in the other sections.
INTERPRETER. A person SWorn at a trial to
interpret the evidence of a foreigner or a deat
and dumb person to the court. _ Amory v. Fellowes,
5 Mass. 226; People v. Lem Deo, 132 Cal. 199. 64
P.266.
INTERREGNUlII. An Interval between reigns.
The perioe which elapses between the death of a
sovereign and the electio(1 of another. The va.
cancy which occurs when there is no government.
Extensive interpretation (interpretatio exten-
siva, called, also, "liberal interpretation") adopts
a more comprehensive signification of the word.
Lieb. Herm.58. INTERROGATOIRE. In French law. An act
Extravagant interpretation (interpretatio ex- which contains the interrogatories made by the
cedens) is that which substitutes a meaning evi. judge to the person accused, on the facts which
dentIy beyond the true one. It is therefore not are the object of the accusation, and the answers
genuine interpretation. Lieb. Herm. 59. of the accused. Poth. Proc. Crim. c. 4, art. 2, ~ 1.
Free or unrestricted interpretation (interpreta- INTERROGATORlliS. A set or series of written
tio soluta) proceeds simply on the general prin- questions drawn up for the purpose of being pro-
ciples ot interpretation in good faith. not bound pounded to a party in equity, a garnishee, or a
by any specific or superior principle. Lieb. Herm. witness whose testimony is taken on depOSition;
59. a series of formal written questions used in the
Limited or restricted interpretation (interpre. judicial examination of a party or a witness. In
tatio limitata) is when we are influenced by other taking evidence on depOSitions, the interrogatories
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