HomeMy WebLinkAboutlanduse case.boa.237-239 Gilbert.001-03
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NOTICE OF PUBLIC HEARIN(..
CASE #03-01
Before the City of Aspen Board of Adjustment
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOW:
Pursuant to the Official Code of Aspen 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
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
variance.
Particulars of the hearing and requested variance are as follows:
Date and Time of Meetin!!;:
Date: June 5, 2003
Time: 4:00 P.M.
Representative for Variance:
Owner for Variance:
Name:
Robert Scherer
Christopher M. Janusz
Address:
217 Goldenrod Ave.
Corona Del Mar, CA 92625
3642 Hwy 82
Glenwood Springs, CO 81601
Location or description of property:
237 & 239 Gilbert Street, Cascade Townbome Villas, South 10' of Lot 12, All of Lot 13 and North 10'
of Lot 14, City and Townsite of Aspen
Variances Requested:
The applicant is requesting a ten (10) foot front yard setback variance for the construction of a roof over
existing entry doors.
Will applicant be represented by Counsel: YES: NO: X
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
A~ao'lE.b ~. ,
,
......- RESOLUTION NO. 01
Series of 2003
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 03-01 RELATING
TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 327 AND 329
GILBERT, CASCADE TOWNHOME VILLAS, SOUTH 10' OF LOT 12, ALL OF LOT
13 AND NORTH 10' OF LOT 14, CITY AND TOWNSITE OF ASPEN.
WHEREAS, Robert Scherer made application,
dated May 13, 2003 to the Board of Adjustment for a
variance from the dimensional requirements of Chapter 26 of the
Aspen Municipal Code; and
WHEREAS the applicant requests the following variance:
WHEREAS, this matter came on for hearing before the Board of
Adjustment on June 5, 2003 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 development application for a variance was initiated
by: Robert Scherer on May 13, 2003 for property with a street
address of 327 and 329 Gilbert Street, Aspen. Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 26-
304-060(E) (3) (c)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.
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~lLVIA DAVIS I'ITKIN COUNTY co R.
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5. The lit~al interpretation and enfo~ement 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 4 to 1 vote:
A ten (10) foot front yard setback variance for the construction of a roof over an existing
. entryway.
APPROVED AS TO FORM
cif2:ney) l}
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of the
by the Board of Adjustment
June 2003.
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.
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SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 0.00
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CITY OF ASPEN Bl\..tRD OF ADJUSTMENT - MhtUtes - June 05, 2003
Rick Head opened the regular meeting of the Board Of Adjustment at 4:00 p.m. in
City Council Chambers. Members Greg Hughes, Bill Murphy, Howard DeLuca,
Mark Hesselschwerdt, Charles Paterson and Rick Head were present. Staff in
attendance: David Hoefer, Assistant City Attorney; Sarah Oates; City of Aspen
Zoning Officer; Richard Goulding and Nick Adeh, City Engineering.
MINUTES
MOTION: Howard DeLuca moved to approve the minutes of September 5, 2002
and October 10,2002. Seconded by Bill Murphy. APPROVED 5-0.
DECLARATION OF CONFLICTS OF INTEREST
None stated.
Since there was a full board tonight and only five members were required for the
purpose of a vote, Greg Hughes would step down.
PUBLIC HEARING:
Case #03-01 - 237 & 239 Gilbert Street - Robert Scherer
Rick Head opened the public hearing for Robert Scherer, 237 & 239 Gilbert Street.
The affidavit of notice was provided. Robert Scherer introduced himself as the
applicant; he applied for a 10-foot setback variance required to put in a permanent
version of the existing awnings over the front doors of the duplex, which he owns
both sides. Scherer provided photos of the proposal with the divider; the water and
melting snow drained into the low-grade entry area two steps below grade, which
collects water. The water has penetrated the house since he has owned it (2/2000)
and both sides leak onto the circuit breaker panels, which could be a hazardous
situation. Scherer said that there were also mold and mildew issues over the past
two years; he wanted to replace the awnings with a more permanent roof that will
shed the water to the side to keep the water from the below grade entry areas.
Scherer said that it was basically a gabled permanent awning over the sunken area
to keep the water out.
Chris Janusz, general contractor, provided photos of the water damage and stated
that there was a legitimate health/safety reason for this proposal. Janusz said that
the project started with removing the planter thinking that was what was causing
the major leakage; they received a repair permit but that did not relieve the leakage
situation. Janusz stated that they were not encroaching any further from where the
existing structure already sits, the actual structure was on the zero property lot line.
The face of that wall was in the 10-foot setback.
Sarah Oates explained the request was for a 10- foot front yard setback variance for
the roof structure because of the leaking; the original building permit plans were
submitted in 1989 and the certificate of occupancy was not issued until 1995,
1
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CITY OF ASPEN BOn OF ADJUSTMENT - M....~,(tes - June 05, 2003
which in theory the structure should have been built to conformity. The board
commented that this building was a "Hans Cantrup special". Stafffelt that
standards 2 and 3 were not met and that staff could not find a hardship. The
retaining walls came out to the property line.
Howard DeLuca asked if the awnings were part ofthe original design or were they
added afterwards. Scherer replied that he did not know because he purchased the
house in February of 2000 with the awnings in place. Oates replied that there was
no evidence of the awnings in the building plans file. DeLuca asked if there would
be a grate for water collection and diversion. Scherer explained that the driveways
have never leaked and had a grate system laterally across, which carries the water
to a downspout with ejector pumps downstairs. Janusz stated that there was a 2-
inch drain at the bottom ofthe existing door basin, which will be doubled.
There were no public comments.
Mark Hesselschwerdt said that he did not have problem with the solution to
making this thing work better with a semi-shed gabled end roof over the 2
entrances, which would be something permanent to catch the snow and direct it
away from the building. Greg Hughes said that covering the whole area wasn't
exactly what he would have chosen as a solution. Rick Head noted that the request
was right on the zero lot line on the outside of the north side of the building.
DeLuca said that there was no alternative way to stop the water from getting down
there but there probably was no other option but to increase the non-conformity
with the roof coverings. Bill Murphy said that the buttresses stick out and there
did not appear to be another option; he had no problem with it. Charles Paterson
said there was an obvious problem and felt that the solution was very good.
MOTION: Charles Paterson moved to approve the variance for a ten (10) foot
front yard setback variance for the construction of a roof over an existing entryway
at 327 and 329 Gilbert Street, Case #03-01, finding that the criteria have been met.
Mark Hesselschwerdt seconded. Roll call vote: DeLuca, yes; Murphy, yes;
Hesselschwerdt, yes; Paterson, yes; Head, no. APPROVED 4-1.
PUBLIC HEARING:
Case # 03-02 - 707 West North -Jeff & Molly Gorsuch
Rick Head opened the public hearing for 707 West North, Jeff Gorsuch, for an
appeal of determination by the City Engineer. Representing Mr. Gorsuch was Joe
Krabacher and Mitch Haas. Rick Head asked if notice was needed. David Hoefer
stated that this was publicly noticed but they did not need to post anything. Hoefer
stated that this was a bit of an unusual procedure, which we did not see very often.
2
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THE CITY OF ASPEN
BOARD OF ADJUSTMENT
APPLICATION PACKET
DATElfY\~ 13 2003 CASE# 0'3>-0 ,
APPLICANT Lh!<:ibtnf'~~ \tY1~v)l..lSL PHONE_~nO- 38J.J.~6Cj\3
MAILING ADDRESS ?,(Q 4 Q.. ,+l0,hW~ ,)?:t, C,lehwoool S\OIZ;'h~.s. {O
, , 81[,,0\
OWNERko\oerl SChQK<ZoV PHONE Q70. q~2f5 - ~ I.j 61..{
MAILING ADDRESS '1\/ Golde.nt<od QJe, (O(coV\a- y..' Yno.e. eft '1QL2!JiS'
LOCATION OF PROPERTY 2]?nJ<J/OII../U",T {!L.-K~ /-Of-#.- /3
(Street, Block Number and Lot Number)
WILL YOU BE REPRESENTED BY COUNCIL? Yes_No J5.
Below, describe clearly the proposed variance, including all dimensions and justification
for the variance (additional paper may be used if necessary). The building permit
application and any other information you feel is pertinent should accompany this
application, and will be made part of this case.
Applicant's Signature Ci.f-ftt. fcu-.j./
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REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON 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
MEMORANDUM
TO:
Board of Adjustment
.JAA;
Joyce A. Allgaier, Deputy Director
THRU:
FROM:
Sarah Oates, Zoning Officer"5=
RE:
237 & 239 Gilbert Street-Robert Scherer
DATE:
June 5, 2003
--------------------------------------------------------------
---------------------------------------------------~----------
SUMMARY: The applicant requests a variance from the front yard setback requirement to
cover an existing entryway. Based on the information that was submitted, the structure
itself complies with the setback requirements but the retaining walls and dividing wall
between the two units encroaches into the setback. The variance requested is a ten (10) foot
front yard setback variance. The property is located in the L TR zone, is a duplex on a 4400
square foot lot and has a front yard setback requirement often (10) feet.
The original building permit for this structure was submitted in 1989 but the building was
not issued a Certificate of Occupancy until 1995. The building should comply with the
existing dimensional requirements for the zone district but based on the information
submitted there are existing non-conformities.
Please refer to the attached drawings and written information provided by the applicants for
a complete presentation of the proposed variance.
APPLICANT:
Robert Scherer, represented by Christopher M. Janusz
LOCATION: 237 & 239 Gilbert Avenue, Cascade Townbome Villas, South la' of
Lot 12, All of Lot 13 and North 10' of Lot 14, City and Townsite of Aspen
REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.108.040
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
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Use Code. The proposed physical changes and uses of the property will not
bring about a change which is very different than the current development.
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: Reasonable use of the parcel already exists, as there is an existing
duplex on the parcel.
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: The applicant would not be deprived of any rights commonly
enjoyed by other parcels in the same zone district should the variance not be
granted.
Staff finds no special circumstances exist on the site which are unique to this
parcel that would warrant a setback variance to allow for the owner's rights to
be enjoyed. Building construction and design does not constitute a hardship as
it is defined for a variance. Therefore, staff cannot establish an unnecessary
hardship or practical difficulty. Staff feels that allowing the variance would
give the applicants a special privilege having to do with dimensional standards
that bind other properties in the same zone district.
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 ten (10) foot front
yard setback variance be denied finding Criteria #2 and #3 have not been met.
RECOMMENDED MOTION: "I move to approve the request for a ten (10) foot front
yard setback variance for the construction of a roof over an existing entryway finding that
the criteria have been met." \..
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Resort Restoration & Cleaning, Inc.
dba. Service Master of Aspen/Glenwood
P.O. Box 11690
Aspen, CO 81612
INVOICE
Date Invoice #
312412003 98883
Terms
Due 00 receipt
I FEI# 80-0009514 I
Bill To
Robert Scherer
237 Gilbert Street
Aspen, CO 81611
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Service Address Insurance/Claim Number
237 Gilbert Street, Aspen
Description Qty Rate Amount
Emergency Water Damage Service Response Call I 95.00 95.00
(03120103 12PM)
Extraction of Water from Carpet & Pad (Flood Pro 114 1.00 114.00
Extraction Tool)
Initial Full Inspection with Moisture Meters & I 55.00 55.00
Monitoring Equipment to Assess Damages & Drying
Procedures
Turbo Air Mover Rental (2 for 2 days) 4 32.00 128.00
Re-Installation of Carpet I 33.00 33.00
Final Inspection & Retrieval of Drying Equipment 1 45.00 45.00
It has been our pleasure serving you/ We thank you lor the Total
opportunity to help $470.00
'-
We ll-lANK YOU for your confidence in ServiceMastcr Clean. Please feel
free to call us at 970~925-9255 if you have any comments or concerns.
Please note that this invoice is DUE and PAYABLE TODAY, unless prior
arrangements have been made. A S25.00 late fee or 1.5% interest
(whichever is greater) will be added and invoiced 10 all OUT customers each
month on unpaid balances past 30 days. Any account referred to collections
will also incur those and attorney fees.
I Balance Due
$470.00 I
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MAY-20-2003 TUE 11:41 AM
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'-' NOTICE OF PUBLIC HEARING """
r. VI
CASE #103-01
Before the City (If Aspen Board of Adjustment
TO ALL PROPERTY OWNERS AFFECTEJ.> BY TIlE REQUESTEO ZONING OR USE V ARIANCF.
DESCRIBED BELOW:
Pursuant to the Official Code of A~'pel1 of June 25, 1962, as amended, a public hcuring will btI held in lhe
I3ASEMENT MEETING ROOM. City Hall. A~ipen. Colomdo, (or ..'It such other place as the meeting may
be thcn adjoumcd) to consider an application filed with thc said Board of Adjustment requesting authority
for variance from the provisions oflhe Zoning Ordinance, C.haptEll' 26, Om"ial Code of Aspon. All flCTSOns
affccted by the proposed variance are invited 10 appear and stale their views, protests or objections. Ifyoll
eannnt appear personally at such meeting, you are urged to state your views by letter. particularly if YOll
have objection to such variance. as the Board of Adjustment will give serious consideration to the opinions
of surrounding prope11y OWllers IUld others affected in dcciding wbctberto grant or deny the requcst for
variance.
Particulars of the hearing and requested varilUlce arc as follows:
Date and Time of Meetine.:
Jrdtc: June 5. 2003
Time: 4;00 P.M.
Owner for Variame;
Representative for Varianee:
Name:
Robert Scherer
Christopher M. Janu.v.
Address:
217 Goldenrod Ave.
Corona Del Mar, CA 92625
3642 Hwy 82
Glenwood Springs, CO 8160 I
Loclltion !lr description of prooerty:
237 & 239 Gilbert Street, Cl\.~Cade Townhome Villas, South 10' of Lot 12, All of Lot 13 an<l North 10'
of Lot 14, City and Townsite of Aspen
Var!an(:cs Requested:
The applicant is roquee.1ing a ten (10) foot front yard setback variance for the cc.lIlstmction of a roof over
existing entry cJoors.
WiD ~pplicant be ''epresented by Counsel: YES: NO: X
The City of Aspen Board of AdjU.5lmcnt
13 0 S, Galena Street
Aspcn, CO 81611
Charles Paterson, Chairman ~ ~ ? - cJ J
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Robert P. Scherer
237 Gilbert & 647 Monarch
Aspen, CO 81611
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City of Aspen
Variance Approval Committee
Aspen, Colorado 81611
05/09/2003
Dear Sirs,
This application for variance pertains to the Dimensional requirements of Title 26.
The applicant seeks to construct a permanent awning over the entrance to the Cascades duplex in the form of
an open-air gabled roof structure (see attached illustration). The Cascades duplex was built before existing
setback requirements and does not have space for the proposed roof structure without a variance from the
current 10' front setback requirement.
The granting ofthis variance will be generally consistent with the purposes, goals, objectives, and policies of the
Aspen Area Community Plan and Title 26.
The purpose of the proposed structure is to divert rain and melting snow away from the buildings' below
grade entrance.
Such diversion of rain and melting suow shall prevent excess water from accumulating in the buildings' below
grade entry area and leaking into the mechanical and living areas below.
Leaking water currently pours onto the top of two 400 AMP electrical service panels in the mechanical room
below the entrance. Leaking water also migrates through the floor joists into below grade living areas causing
mold and mildew. Many woodeo structural members exhibit evidence of dry rot. (photographs attached)
Granting the applicant this variance will allow him to protect his home from the safety risk of fire created by
water leaking onto the two 400 AMP electrical panels. It will also protect the homes' occupants from health
risks associated with air born spores resulting from mold and mildew accumulation.
The granting ofthis variance is the minimum variance that will make possible the reasonable use of the structure.
The proposed structure will extend approximately 1 foot beyond the below grade area in front of the duplex's
front doors. The roof will rest upon existing wall structures, one of which forms a privacy wall separating the
two duplex units. The new roof shall not extend toward the street beyond these existing walls. This is the
minimum sized roof that will preveot water from accumulating in the below grade entrance area.
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.
Special conditions and circumstances unique to the building:
The applicant purchased these duplex units from prior owners. The circumstances leading to this application
for a variance were caused by ~ original design of the building and did:;;;' result from actions of the current
owner.
The entrances to each of the duplex units are centered on the front of the building and are located 16" below
grade. This is the only structure in the area with a below grade entrance. Surrounding structures in the same
zone district have entrances that are substantially above grade.
The below grade entry area forms a catch basin for leaves and other debris that continually clog the drain,
preventing reliable water drainage.
Cold concrete joints and rocks forming the edges of the below grade entrance area have proved impossible to
seal against water seepage. The only way to adequately protect the home from risk is to build a roof structure
to keep water away from the entrance area.
Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area
Community Plan and the terms of Title to other parcels, buildings, or structures in the same zone district
The applicant hopes that this variance is granted so that he may protect his property and it's occupants from
the health and safety risks associated with leaking water around the below grade entrances. No other benefit
or privilege will result from the construction of the open-air gabled roof structure. None of the surrounding
parcels or buildings will be adversely affected by the proposed structure.
Thank you for your consideration,
Robert P. Scherer
Applicant and Owner
(970) 925-4454
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Resort Restoration & Cleaning, Inc.
dba. ServiceMaster of Aspen/Glenwood
P.O. Box 11690
Aspen, CO 81612
o
INVOICE
Date Invoice #
3/24/2003 98883
Terms
Due on receipt
I FEI# 80-0009514 I
Bill To
Robert Scherer
237 Gi Ibert Street
Aspen, CO 81611
o
Service Address
Insurance/Claim Number
237 Gilbert Street, Aspen
Description Qty Rate Amount
Emergency Water Damage Service Response Call I 95.00 95.00
(03/20/03 12PM)
Extraction of Water from Carpet & Pad (Flood Pro 114 1.00 114.00
Extraction Tool)
Initial Full Inspection with Moisture Meters & I 55.00 55.00
Monitoring Equipment to Assess Damages & Drying
Procedures
Turbo Air Mover Rental (2 for 2 days) 4 32.00 128.00
Re-Installation of Carpet I 33.00 33.00
Final Inspection & Retrieval of Drying Equipment I 45.00 45.00
It has been our pleasure serving youl We thank you for the
opportunity to help
Total
$470.00
We THANK YOU for your confidence in ServiceMaster Clean. Please feel
free to call us at 970-925-9255 if you have any comments or concerns.
Please note that this invoice is DUE and PAYABLE TODAY, unless prior
arrangements have been made. A 525.00 late fee or 1.5% interest
(whichever is greater) will be added and invoiced to all our customers each
month on unpaid balances past 30 days. Any account referred to collections
will also incur those and atto~ey fees.
$470,001
I Balance Due
'.
;"
-
"-
"-'
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
'00"'" omo,,"n, 23;7 t 75~~::))h ell'f.:;;t<o
SCHEDULED PUBLIC HEARING DATE: 7 h: - ,200
( -
STATE OF COLORADO )
) SS.
County of Pitkin )
I, -~!AA.~ c:; ~)vtd f (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
(El of the Aspen Land Use Code in the following manner:
-4publication 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 of letters 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 government,
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)
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.
The foregoing "Affidavit of Notice" was acknowledged before me this _ day
of ,200__, by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
RE: 237 AND :X~S'l1lf,El',.~;
~~~y tbata.~.:~
"'-'I...... JuneS Z08S;lila"""
wlD-be hekl on Tb ' the City CII Aspen e
tog to begin at 4:00 p.m. before ~..Clty I
Board of AdjustmeDt, councll u~-. 1
HaD. 130 S. (;aIena St., Aspen. to ~ an:;
pIlcation subJilltted by Robert SCMftI'_ Ioi the
a ten (10}foot front yard SetI:laCk"':=' entrY
coostrue.tlon of a roo! over an._ -.(:ucade
The propertY Is deSCfIbecl .-.
doOrS. - -vwas South 10' 01 Lot 12. Allot Lot
~ 100'alLot 14.Cttyand~e,ot
.upen..- coQtact- 'SlInh-0a~ at
Forfurtherlnfor1natkMl. - --~tDe-
:':;:~,:;r'~_co.(91O)920- COPY OF THE PUBLICATION
...'..........r... ~;"'.: I,4PH OF THE POSTED NOTICE (SIGN)
Published In The. Aspllil-'11IDd all ~_14. 2009. I
(1l437)
Notary Public
ATTACHMENTS:
_ .." ,~,,~AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
~
# ,
....,."..r
~.....
-
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 21,7+ 23' G 1l.J1.iZJ<.' r;j
, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
'J-t.t tV ~ S-
,2ooCl!.
STATE OF COLORADO )
) ss.
County of Pitl,in )
I, (~/yv<{~ 7'() flI-I/E/i.. Jl.1 :Jl1l1Jw!f"Z- (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)
>,S 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, Q;}) days
~to the public hearin~nd was continuously visible from the tit1*y of
a.'{ , 200~, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
V'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 governrnent,
school, service district or other governrnental or quasi-governrnental 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 hearing on such amendments.
Cl~~
Signatu e
The foregoing "Affidavit of Notice" was acknowledged before me this l~ay
of_f.J\.111A / ,20~, by ~V'~ -:::Ta V\ \1 ""7
o
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: ~ I 6./04--
~DJ\ B,t9 f~
Notary Public' '\,
A TT ACHMENTS:
COpy OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAlL
130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
City of Aspen
Community
Development
Department
Fax
To: Chris Janusz From: Sarah Oates
Fax: 384-2605 Pages: 7
Pho_ Date: June 4, 2003
Re: Board of Adjustment Memo CC:
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
. Comments:
PUBLIC NOTICE
RE: 237 AND 239 GILBERT STREET, 651 MONARCH CONDOMINIUMS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Thursday, June 5,
2003, at a meeting to begin at 4:00 p.m. before the City of Aspen Board of Adjustment,
Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application
submitted by Robert Scherer requesting a ten (10) foot front yard setback variance for the
construction a roof over an existing garage entrance. The property is described Cascade
Townbome Villas, South 10' of Lot 12, All of Lot 13 and North 10' of Lot 14, City and
Townsite of Aspen. For further information, contact Saralt Oates at the City of Aspen
Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5441,
saralto@ci.aspen.co.us
s/Rich Head, Chair
Board of Adjustment
Published in the Aspen Times on May 22, 2003
City of Aspen Account
c.._
,..............
05/09/2003
To whom it may concern:
I hereby authorize Chris Janusz to act on my behalf in all manners relating to a
variance application for 237 Gilbert St. and 647 Monarch St. in Aspen Colorado
(Cascades East and Cascade West duplex), including signing of all documents
relating to these matters. Any and all acts carried out by Chris Janusz on my behalf
shall have the same effect as acts of my own.
This authorization is valid until further written notice from Robert P. Scherer.
Sincerely,
((~(?~
Robert P. Scherer
Owner - 237 Gilbert St. and 647 Monarch St, Aspen CO
(970) 925-4454
Robert P. Scherer
237 Gilbert & 647 Monarch
Aspen, CO 81611
r"
-
........
--
City of Aspen
Variance Approval Committee
Aspen, Colorado 81611
05/09/2003
Dear Sirs,
This application for variance pertains to the Dimensional requirements of Title 26.
The applicant seeks to construct a permanent awning over the entrance to the Cascades duplex in the form of
an open-air gabled roof structure (see attached illustration). The Cascades duplex was built before existing
setback requirements and does not have space for the proposed roof structure without a variance from the
current 10' front setback requirement.
The granting of this variance will be generally consistent with the purposes, goals, objectives, and policies of the
Aspen Area Community Plan and Title 26.
The purpose of the proposed structure is to divert rain and melting snow away from the buildings' below
grade entrance.
Such diversion of rain and melting snow shall prevent excess water from accumulating in the buildings' below
grade entry area and leaking into the mechanical and living areas below.
Leaking water currently pours onto the top of two 400 AMP electrical service panels in the mechanical room
below the entrance. Leaking water also migrates through the floor joists into below grade living areas causing
mold and mildew. Many wooden structural members exhibit evidence of dry rot. (Photographs attached)
Granting the applicant this variance will allow him to protect his home from the safety risk of fire created by
water leaking onto the two 400 AMP electrical panels. It will also protect the homes' occupants from health
risks associated with air born spores resulting from mold and mildew accumulation.
The granting of this variance is the minimum variance that will make possible the reasonable use of the structure.
The proposed structure will extend approximately 1 foot beyond the below grade area in front of the duplex's
front doors. The roof will rest upon existing wall structures, one of which forms a privacy wall separating the
two duplex units. The new roof shall not extend toward the street beyond these existing walls. This is the
minimum sized roof that will prevent water from accumulating in the below grade entrance area.
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.
Special conditions and circumstances unique to the building:
The applicant purchased these duplex units from prior owners. The circumstances leading to this application
for a variance were caused bye original design of the building and di~ result from actions of the current
owner.
The entrances to each of the duplex units are centered on the front of the building and are located 16" below
grade. This is the only structure in the area with a below grade entrance. Surrounding structures in the same
zone district have entrances that are substantially above grade.
The below grade entry area forms a catch basin for leaves and other debris that continually clog the drain,
preventing reliable water drainage.
Cold concrete joints and rocks fonning the edges of the below grade entrance area have proved impossible to
seal against water seepage. The only way to adequately protect the home from risk is to build a roof structure
to keep water away from the entrance area.
Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area
Community Plan and the terms of Title to other parcels, buildings, or structures in the same zone district
The applicant hopes that this variance is granted so that he may protect his property and it's occupants from
the health and safety risks associated with leaking water around the below grade entrances. No other benefit
or privilege will result from the construction of the open-air gabled roof structure. None ofthe surrounding
parcels or buildings will be adversely affected by the proposed structure.
Thank you for your consideration,
Robert P. Scherer
Applicant and Owner
(970) 925-4454