HomeMy WebLinkAboutlanduse case.boa.73 Smuggler Grove.003-03
WTICE OF PUBLIC HEARING
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CASE 3 OF 2003
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
vanance.
Particulars of the hearing and requested variance are as follows:
Date and Time ofMeetinl!:
Date: September 18, 2003
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name: Mike Seguin
Address: 503 Dean Street
Aspen, CO 81611
Rally Dupps
Consortium Architects
P.O. Box 3662
Aspen, CO 81612
Location or description of property:
73 Smuggler Grove
Lot 5, East Meadow Subdivision
Variances Requested:
The applicant is requesting a twelve (12) month extension of a variance granted on September 5, 2003, for
the following variances: fifteen (15) foot front yard setback variance for a principal building, a twenty (20)
foot front yard setback variance for an accessory building and a five (5) foot setback variance for the south
side yard for the construction of a single family dwelling unit and a detached Accessory Dwelling Unit and
garage.
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
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MEMORANDUM
TO:
Board of Adjustment
-.:AA
Joyce Allgaier, Deputy Director
Sarah Oates, City Zoning OfficerSc>
THRU:
FROM:
RE:
73 Smuggler Grove-Request of an Extension of Variances Granted,
September 5, 2002
DATE:
September 18, 2003
SUMMARYIBACKGROUND: The applicant was granted setback variances on
September 5, 2002. The parcel is a 6,211 square foot lot with a utility easement on the
west and north sides of the lot as well as a sixteen (16) foot wide sewer easement down
the middle of the property. The Board of Adjustment found the constraints of the site
warranted variances. The setback variances run for a one (1) year period and expired
September 5, 2002. The proposed development approved by the Board of Adjustment
requires further variances from the Residential Design Standards from thone-story
element and garage orientation requirements.
The September 5, 2002 staff report, minutes from the meeting and resolution are attached
as exhibits.
STAFF RECOMMENDATION: Staff recommends that the Board of Adjustment
approve the request for an extension.
APPLICANT:
Mike Seguin, represented by Rally Dupps
LOCATION:
73 Smuggler Grove
Lot 5, East Meadow Subdivision
REVIEW STANDARDS AND ST AFF EVALUATION: Pursuant to Section
26.314.080 of the Municipal Code, the standard for an extension is as follows:
All requests must demonstrate good cause showing that an extension is necessary,
and must demonstrate that the circumstances as set forth in this Chapter are still
applicable.
The Board of Adjustment found that setback variances were warranted due to the
constraints the easements located on the lot. These circumstances have not changed since
the variance was granted in September 5, 2002. Staff believes that since the Board of
Adjustment had made findings that the variances be granted based on the standards and
that the circumstances have not change the extension should be granted.
ALTERNATIVES: The Board of Adjustment may consider any of the following
alternatives:
. Approve the extension of the variance granted.
. Table action to request further information be provided by the applicant or interested
parties.
. Deny the extension finding the criteria has not been met.
RECOMMENDATION: Staff recommends approval for an extension of the
following setback variances granted September 5, 2002: a fifteen (15) foot front
yard setback variance for a principal building, a twenty (20) foot front yard setback
variance for an accessory building and a five (5) foot setback variance for the south
side yard for the construction of a single-family dwelling unit and a detached
Accessory Dwelling Unit and garage.
RECOMMENDED MOTION: "I move to approve an extension of the following
setback variances granted September 5, 2002: a fifteen (15) foot front yard setback
variance for a principal building, a twenty (20) foot front yard setback variance for an
accessory building and a five (5) foot setback variance for the south side yards for the
construction of a single-family dwelling unit and a detached Accessory Dwelling Unit
and garage for a period of twelve (12) months finding that the review standards have been
met."
Exhibit A-Staff Memorandum dated September 5, 2002
Exhibit B-Resolution 3 of2002
Exhibit C-Board of Adjustment Minutes from August 15,2002 and September 5, 2002
;
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MEMORANDUM
TO:
Board of Adjustment
Joyce Allgaier Oh1S~puty Director of Community Development
Sarah Oates, Zoning OfficerSO
Scott Woodford, City PlanneN
THRU:
FROM:
RE:
73 Smuggler Grove-Mike Seguin
DATE:
September 5, 2002
REVISIONS SINCE THE 8/15 HEARING: The applicant has revised the proposal
since being tabled at the August 15, 2002 hearing. The substantive changes are as
follows (also see attached memo from architect dated September 5, 2002 for
additional detail as well as revised and old plans):
. The east side yard setback variance has been eliminated and now complies
with the 10' requirement.
. The architecture has been revised to address neighborhood compatibility
issues by breaking up the roof forms, adding decks, staggering east facing
walls, and adding more single story elements.
. The detached garage has been moved I' farther to the west to be a total of 6'
away from Ardmore Dr.
. The overall size of the single-family dwelling has been reduced by 424
square feet.
Although staff feels that the revisions are a step in the right direction, we continue to
feel that what is being proposed still exceeds the minimum variance to allow
reasonable use of the parcel and that the parcel already enjoys reasonable use as a
duplex.
SUMMARY: The applicant continues to request setback variances for the construction of
a single-family residence, garage and Accessory Dwelling Unit. The property is currently
developed with a duplex. The property is zoned R-15A and has the following setback
requirements:
--",
Principal Big.
Accessory Big.
Front Yard
Side Yard
Rear Yard
25 Feet
10 Feet
10 Feet
30 Feet
10 Feet
5 Feet
The applicant is proposing the following setbacks:
Principal Big.
Accessory Big.
Front Yard 10 Feet
Side Yard 5 Feet (South)
Rear Yard 10 Feet
(Bold indicates variance is required)
10 Feet
10 Feet (North)
5 Feet
The parcel is a 6,211 square foot lot with a utility easement on the west and north sides of
the lot as well as a sixteen (16) foot wide sewer easement down the middle of the property.
The existing duplex and a deck is encroaching into the sewer easement. The duplex is non-
conforming in terms of density and setbacks. The property, part of East Meadow
Subdivision, was annexed into the City in 1987 and given an R-15A zoning designation to
allow for duplex use.
Please refer to the attached drawings and written information provided by the applicants for
a complete presentation of the proposed variance.
APPLICANT:
Mike Seguin, represented by Rally Dupps of Consortium Architects
LOCATION:
73 Smuggler Grove, Lot 5, East Meadow Subdivision
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
Use Code.
2. Standard: The grant of the variance is the minimum variance that will make
possible the reasonable use of the parcel, building, or structure.
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Response: Reasonable use of the parcel already exists, as there is a 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 applicants would not be deprived of any rights commonly
enjoyed by other parcels in the same zone district should the variance not be
granted.
In terms of unnecessary hardship or practical difficulty, although a sewer
easement divides the property, Tom Bracewell of the Aspen Consolidated
Sanitation District has confirmed that the sewer easement can be moved off the
of the property at the owner's expense. With the removal of the easement
there would be a fairly reasonable building envelope on which to redevelop a
residence. Any argument that moving the easement is cost prohibitive is not
permissible as it relates to Standard 3. Financial loss does not qualify as a
hardship.
AL TERNA TIVES: 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.
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RECOMMENDATION: Despite the revision, staff continues to recommend that the
request for a fifteen (15) foot front yard setback variance for the principal building, a
twenty (20) foot front yard setback variance for an accessory building, and a five (5)
foot setback variance for the south side yard for the principal building, for the
construction of a single-family dwelling unit and a detached Accessory Dwelling Unit
and garage be denied finding that Standards 2 and 3 have not been met.
RECOMMENDED MOTION: (All motions are worded in the affirmative) "I move to
approve the request for a fifteen (15) foot front yard setback variance for a principal
building, a twenty (20) foot front yard setback variance for an accessory building, a five (5)
foot setback variance for the south side yard and a five (5) foot rear yard setback variance
for the principal building for the construction of a single-family dwelling unit and a
detached Accessory Dwelling Unit and garage finding the review standards have been met."
d:\home\saraho\boa\2002\ 73 smugglergrove. doc
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
SCHEDULED PUBLIC HEARING DATE:
~~Vb&LPe... 6M\lE
St:::t'i I ~
, Aspen, CO
ADDRESS OF PROPERTY: 73
,200~
STATE OF COLORADO )
) ss.
County of Pitkin )
I, tA-LL"'< t>UPPS (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.
---X- 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 in a conspicuous place on
the subject property 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.
--X- 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 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
government, school, seryice district or other governmental or quasi-governmental
agency that owns property within three hundred (300) feet ofthe 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.
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(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 suryey 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 amendme
WITNESS MY HAND AND OFFICIAL SEAL
My commission, expires: 4/Ft~t
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otary Publ
ATTACHMENTS:
COpy OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
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~OTICE OF PUBLIC HEARING
CASE 2 OF 2003
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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
vanance.
Particulars of the hearing and requested variance are as follows:
Date and Time of Meetinl!:
Date: September 18, 2003
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Address: 503 Dean Street
Aspen, CO 81611
Rally Dupps
Consortium Architects
P.O. Box 3662
Aspen, CO 81612
Name: Mike Seguin
Location or description of property:
73 Smuggler Grove
Lot 5, East Meadow Subdivision
Variances Requested:
The applicant is requesting a twelve (12) month extension of a variance granted on September 5, 20Q,l, for
the following variances: fifteen (15) foot front yard setback variance for a principal building, a twenty (20)
foot front yard setback variance for an accessory building and a five (5) foot setback variance for the south
side yard for the construction of a single family dwelling unit and a detached Accessory Dwelling Unit and
garage.
Will applicant be represented bv Counsel: YES: NO: X
. ._.,~
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The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Rick Head, Chainnan
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AMES MARTHA E
23 SMUGGLER GROVE RD
ASPEN, CO 81611
BEIDLEMAN NEAL J & AMY G
PO BOX 4362
ASPEN, CO 81612
BIRRFELDER BRIGITTE T
PO BOX 3035
ASPEN, CO 81612
BROOKS KERR I L
112 MIDLAND PARK PL
ASPEN, CO 81611
BUCKLEY BETTY J
326 MIDLAND AVE #303
ASPEN, CO 81611
CALK LAURA E '
WILLCOX DENNIS AS JOINT TENANTS
722 MIDLAND PARK PL
ASPEN, CO 81611-2472
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
DE ELGUEA ALEJANDRO ORTIZ
PO BOX 9871
ASPEN, CO 81612
DOYLE JOHN F & LAURIE FRAMPTON
PO BOX 12236
ASPEN, CO 81612
ETTLINGER JARED P WI GODWIN
PO BOX 10936
ASPEN, CO 81612
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ANSON DAVID G
1120 OAK ST APT 5
NAPA, CA 94559:3341
BEYER ALAN R
410 N MILL ST #B11
ASPEN, CO 81611
BOLERJACK LISA
PO BOX811
ASPEN, CO 81612
BROWN DONALD
412 KATHRYNS WAY
ASPEN, CO 81611-2405
BUREAU OF LAND MGMT
US DEPT OF INTERIOR COLO OFFICE
2850 YOUNGFIELD ST
LAKEWOOD, CO 80215-7076
CANTRELL WESLEY R
104 KATHRYNS WAY
ASPEN, CO 81611-2405
CONANT FAMILY LP
9301 INGLEWOOD CT
POTOMAC, MD 20854
DETWEILER DIRK
PO BOX 812
ASPEN, CO 81612
ERLANGER MELISSA
PO BOX 2504
ASPEN, CO 81612
FERLlSI MARY SANDRA
326 MIDLAND AVE #307
ASPEN,CO 81611
Address labels
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BANNEROT KARIN SOFIA
43A SMUGGLER GROVE RD
ASPEN, CO 81611
BIRACH KAREN
122 MIDLAND PARK PL
ASPEN,CO 81611-2414
BOYD JEFFREY R
PO BOX 8361
ASPEN, CO 81612
BROWN RUTH H
410 N MILL ST#B11
ASPEN, CO 81611
BUREK DEBORAH J
PO BOX 812
ASPEN, CO 81612
CHAUNER RONALD M & JACKIE L
SHEFFER
PO BOX 8782
ASPEN, CO 81612
CUNNINGHAM PAMELA M
502 MIDLAND PK PL
ASPEN, CO 81611
DODINGTON SUSAN M
221 MIDLAND PARK PL
ASPEN, CO 81611
ERNST TERSIA V
206 KATHRYNS WAY
ASPEN, CO 81611-2405
FLUG MARTIN
CIO GULFCO
616 E HYMAN AVE
ASPEN, CO 81611
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FUENTES DAVID & KATHARINE 0
302 MIDLAND PARK PL
ASPEN, CO 81611
GARTON SARA B
110 MIDLAND PARK PL
ASPEN, CO 81611
FORNELL PETER J
402 MIDLAND PARK PL
ASPEN, CO 81611
GLICK DANIEL
PO BOX 9910
ASPEN, CO 81612
GODWIN DIANA L WI ETTLINGER
PO BOX 10936
ASPEN, CO 81612
GOODMAN DREW I
9538 E HIDDEN HILLLN
LITTLETON, CO 80124
GORBITZ HEIDI
GORBITZ PATRIC
PO BOX 647
ASPEN, CO 81612
GRIFFITHS THOMAS W
504 MIDLAND PARK PL
ASPEN, CO 81611
GRUBBS MATT
333 MIDLAND AVE #3
ASPEN, CO 81611-2412
GUGLIELMO KNANSEE L
514 KATHRYNS WY
ASPEN,CO 81611
GULL EVAN H REV TRUST
25 ARDMORE CT
ASPEN, CO 81611
HACH STEPHEN C
23 SMUGGLER GROVE RD
ASPEN, CO 81611
HAGEN CATHERINE ANNE
210 MIDLAND PARK PL B-10
ASPEN, CO 81611
HALPERIN ALEXANDRA
PO BOX 2210
ASPEN, CO 81612
HARRIS GEORGE WALTER III
PO BOX 11005
ASPEN, CO 81612
HECK JAMES C
PO BOX 8416
ASPEN, CO 81612
HIGGINS PAUL
303 MIDLAND PARK PL #C-3
ASPEN, CO 81611
HOUBEN CYNTHIA MICHELE
PO BOX 9616
ASPEN, CO 81612
HYDER GENE MICHAEL
320 MIDLAND AVE
ASPEN, CO 81611
IBARA RON
PO BOX 9757
ASPEN, CO 81612-9757
JEFFERSON GREG
711 MIDLAND PARK PLACE
ASPEN,CO 81611
JOHNSON SHAEL UNO 80% INT
PO BOX 3549
ASPEN, CO 81612
JOHNSON WILLIAM E
PO BOX 1285
ASPEN, CO 81612
KAL TEN BOCK ERNST
1612 WOODBINE HEIGHTS BLVD
TORONTO ONTARIO CANADA, M4B
3M
KANG NOBUKO SINJA
336 MIDLAND AVE #6
ASPEN, CO 81611
KOCH KATHRYN S & JOHN F
304 MIDLAND PARK PL C-4
ASPEN,CO 81611
KOLBERG JUDITH A
501 MIDLAND PARK PL
ASPEN, CO 81611
LAFOUNTAINE ANTOINETTE
410 KATHRYNS WAY #01
ASPEN,CO 81611
LATOUSEK MICHAEL J
331 MIDLAND AVE
ASPEN, CO 81611
LAUGHREN DAVID & DANA
PO BOX 1265
ASPEN, CO 81612
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LEBBY NICHOLAS J & SARAH
PO BOX 1352
ASPEN, CO 81612
MAC CRACKEN SCOTT R & MARISA
POST
PO BOX 10821
ASPEN, CO 81612
MCDONNELL NANCY
50 RIVERSIDE DR #6B
NEW YORK, NY 10024
MCPHERSON GREGORY J
PO BOX 2073 ,
ASPEN, CO 81612
NEW STEPHEN E & KORI A
821 MIDLAND PARK PL
ASPEN, CO 81611
OLDFIELD BARNEY
326 MIDLAND AVE #206
ASPEN, CO 81611
PATTEN DAVID N
810 MIDLAND PARK PL
ASPEN,CO 81611
RIGNEY JOHN & ANNA
102 KATHRYNS WAY
ASPEN, CO 81611-2405
ROSEN JANE
PO BOX 9853
ASPEN, CO 81612
SCARLETT ROBIN
413 KATHRYNS WAY
ASPEN, CO 81611-2405
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LEVENTHAL ROBERT B
515 KATHRYNS WAY
ASPEN, CO 81611-2405
MCCOLLUM MICHAEL DAVID UND 20%
INT
PO BOX 3549
ASPEN, CO 81612
MCGAVOCK MARGARET
ALBERT ELIZABETH A
PO BOX 533
ASPEN, CO 81612
MEBEL GREGORY E
100 N 8TH ST #6
ASPEN, CO 81611
NEWELL GEORGE S
PO BOX 2179
BOULDER, CO 80306
OLDFIELD BARNEY F
326 MIDLAND AVE #306
ASPEN, CO 81611
PHILLIPS ARTHUR R AND GRANO
HELEN B
PO BOX 8245
ASPEN, CO 81612
RITTER JEANNE MARIE
811 MIDLAND PARK PL
ASPEN, CO 81611
ROSS MATTHEW N
212 MIDLAND PARK PLACE
ASPEN, CO 81611
SEGUIN MIKE A
PO BOX 1914
ASPEN, CO 81612
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LOW RICHARD B
PO BOX 8744
ASPEN, CO 81612
MCDONALD FRANCIS B
PO BOX 4671
ASPEN, CO 81612
MCPHEE JAMES MICHAEL
401 MIDLAND PARK PL
ASPEN, CO 81611
MOHWINKEL CLIFF
2363 PEACHTREE LN
SAN JOSE, CA 95128
NICHOLS SCOTT A
PO BOX 3035
ASPEN, CO 81612
OS BERGER MADELEINE
PO BOX 8744
ASPEN, CO 81612
REDMOND JOHN B & LYNN G
207 KATHRYNS WAY
#B-3
ASPEN,CO 81611
ROSELLE VERONICA L
28 SMUGGLER GROVE
ASPEN, CO 81611
SADOWSKY DANIEL
PO BOX 2210
ASPEN, CO 81612
SIDERS TARA
711 MIDLAND PARK PLACE
ASPEN, CO 81611
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SMITH DONALD NELSON
501 MIDLAND PARK PL
ASPEN,CO 81611
SMITH JACK USMITH DIANE M
434 COTTONWOOD DR
EVERGREEN, CO 80439
SPONAR ANTON K AND JUDY
222 MIDLAND PARK PL
ASPEN, CO 81611-2486
STEIN DEBORAH
710 MIDLAND PARK PL
ASPEN, CO 81611
STRAUB GRETCHEN A
BESTIC JEFFREY B
PO BOX 2267
ASPEN, CO 81612
SWIFT LARRY
PO BOX 2711
ASPEN, CO 81612
THIEMER FRED EDWARD
326 MIDLAND AVE #302
ASPEN, CO 81611
VALLEY DOUGLAS J
111 MIDLAND PARK PL#All
ASPEN, CO 81611-2413
WALKER JOHN S
PO BOX 11538
ASPEN, CO 81612
WEBSTER DAVID H
PO BOX 10362
ASPEN, CO 81612
WELDEN TODD E & DEBORAH C
503 MIDLAND PARK PL #E3
ASPEN, CO 81611
WELLS JOSEPH EDWARD
602 MIDLAND PARK PL F-2
ASPEN, CO 81611
ZUCCO JESSE J
337 MIDLAND AVE
ASPEN, CO 81611
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SILVIA DAVIS PITKIN COUt-JTY CO R 16.00 D 0.00
Resolution No. 08
(SERIES OF 2004)
RESOLUTION OF THE PLANNING AND ZONING COMMISSION
APPROVING VARIANCES TO THE RESIDENTIAL DESIGN STANDARDS
FOR SECTIONS 26.410.040(C)(2)(B) AND 26.410.040(D)(2), FOR 73 SMUGGLER
GROVE, EAST MEADOW SUBDIVISION, LOT 5, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2737-181-06006
WHEREAS, the Community Development Department received an application
from Mike Seguin, owner, represented by Rally Dupps of Consortium Architects, for
variances from the Residential Design Standards for 73 Smuggler Grove, East Meadown
Subdivision, Lot 5; and,
WHEREAS, the property located at 73 Smuggler Grove is a 6,211 square foot
lot, located in the Moderate-Density Residential (R-15A) Zone District, and currently has
a duplex located on the lot; and,
WHEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code,
Community Development Department staff reviewed the applicant's application for
compliance with the Residential Design Standards of Section 26.410.040 of the Aspen
Municipal Code and found the submitted development application to be inconsistent with
Standard 26.4IO,040(C)(2)(b), related to garage location and Standard 26.41O.040(D)(2),
related to a one story street facing element; and
WHEREAS, Section 26.41O.020(C) of the Aspen Municipal Code provides that
if an application is found by Community Development Department staff to be
inconsistent with any item of the Residential Design Standards, the applicant may either
amend the application or appeal staffs findings to the Design Review Appeal Board
pursuant to Chapter 26,222, Design Review Appeal Board; and
',I
WHEREAS, pursuant to Section 26.4l0.020(B) of the Aspen Municipal Code,
the applicant submitted a request for a variance from Standard 26.4IO,040(C)(2)(b) and
Standard 26.410.040(D)(2) of the Aspen Municipal Code to the Planning and Zoning
Commission as it applies to the garage location and one story element; and
WHEREAS, all applications for appeal from the Residential Design Standards of
Section 26.410.040 must meet one of the following review standards in order for the
Design Review Appeal Committee or other decision making administrative body to grant
an exception, namely the proposal must:
I, Provide an appropriate design or pattern of development considering the
context in which the development is proposed and the purpose of the
particular standard, In evaluating the context as it is used in the criteria, the
reviewing board may consider the relationship of the proposed development
:: I1111111 1111111I 1111
SILVIA DAVIS PITKIN COUNTY CO R
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with adjacent structures, the immediate neighborhood setting, or a broader
vicinity as the board feels is necessary to determine ifthe exception is
warranted; or,
2. Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
WHREAS, during a duly noticed public hearing at a regular meeting on March 16,
2004 the Planning and Zoning Commission approved variances from the Sections
26.410.040(C)(2)(b) and 26.41O.040(D)(2) of the Aspen Municipal Code for 73
Smuggler Grove by a vote of four to zero (4) to (0).
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION, ALSO SERVING AS THE DESIGN REVIEW
APPEALS COMMITTEE:
Section 1
That a proposed variance for a single-family residence at 73 Smuggler Grove, Aspen,
Colorado, is approved pursuant to Section 26.4IO,040(C)(2)(b), related to garage location
and Section 26.41O.040(D)(2), related to providing a one story element of the Residential
Design Standards finding that the review standards have been met.
Section 3
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity,
Section 4
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
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Section 5
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
APPROVED by the Commission at its regular meeting on March 16,2004,
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SILVI~ ORVIS PITKIN COUNTY CO R 16.00 0 0.00 .
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
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. ASPEN PLANNING A ,.oNING COMMISSION Mintlt(is MARCH 16.2004
MINUTES ...............................................................,.......................,........,....,..,....,.".,.,..,.,......,.., 2
DECLARATION OF CONFLICTS OF INTEREST ....................................................... 2
73 SMUGGLER GORVE DRAC V ARlANCES .......................................................... 2
616 WEST MAIN STREET - CONDITIONAL USE...................................................... 4
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ASPEN PLANNING "'- -.oNING COMMISSION Mini1'res MARCH 16, 2004
Jasmine Tygre opened the regular meeting of the Aspen Planning & Zoning
Commission at 4:30 pm in the Sister Cities Meeting Room. Members Dylan
Johns, Jack Johnson, Ruth Kruger and Jasmine Tygre were present. John
Rowland, Roger Haneman and Steve Skadron were excused. Staff present: David
Hoefer, Assistant City Attorney; James Lindt, Sarah Oates, Community
Development; Jackie Lothian, Deputy City Clerk.
MINUTES
The commission agreed to approve the GMC minutes by email.
DECLARATION OF CONFLICTS OF INTEREST
None.
PUBLIC HEARING:
73 SMUGGLER GORVE DRAC VARIANCES
Jasmine Tygre opened the public hearing on 73 Smuggler DRAC variances; notice
was provided. David Hoefer stated that the notice met the jurisdictional
requirements and the commission could proceed. Sarah Oates stated that this case
went through extensive review with the Board of Adjustment, which granted
several set back variances. Oates noted the lot was split in half by a sewer
easement and 2 utility easements located on either side of the lot. Staff
recommended approval for the garage orientation based on how the lot is accessed
and what the Board of Adjustment approved. Staff recommended P&Z deny the
first story element because that could be accommodated fairly easily with just a
change from an upper level deck to a shed roof.
Oates stated the criteria was changed and P&Z was very involved in developing
that criteria (page 2 of the memo). The I st standard speaks to the neighborhood
and the 2nd standard speaks to site-specific constraints, which is what the garage
variance is based upon. Tygre asked ifboth standards had to be met or either or.
Oates replied either or.
Mitch Haas, planner for the applicant, stated that they were focusing on the
appropriate design or pattern of development. Haas said that he would explain the
purpose of the design standard and the context in which the development was
proposed. Haas described the other homes in the neighborhood noting that most
were 2 stories and lacked the I-story element; 3 separate structures had I-story
elements with decks above them.
Rally Dupps, architect for applicant, distributed photos of the neighborhood homes
and noted the parcel behind 73 Smuggler Grove and next to it were in Pitkin
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ASPEN PLANNING ~ONING COMMISSION Minmes MARCH 16.2004
County, which were the streets ofMascotte and Ardmore. Dupps described the
homes on Smuggler Grove, which was marked private even though it was a public
street.
Haas stated over the last 30 years the style of architecture used Victorian, ranching
and mining influences throughout town and feels this design was consistent with
the local building trends in Aspen. Haas said the proposed design provides
architectural details and elements at- human scale to the fayade; the provided one-
story element has a depth of seven feet three inches with an overall width of
sixteen feet nine inches across the front fayade to meet the 20% requirement. Haas
said the railings have a transparent effect and were visually permeable and
effectively lower the perceived height and mass with a better accentuated human
scale enhancing the pedestrian experience. Haas said putting the front porch on the
second story would be seen from the street because the first story was behind the
fence.
Jack Johnson asked for an explanation how this 6,000 square foot lot came to be in
the R-15a zone district. Sarah Oates replied that this subdivision was created in the
county; most of the lots were sub-standard. Johnson said that was good enough.
No public comments.
Jasmine Tygre asked the square footage ofthe new house and the side yard
setbacks. Haas replied that the house was 3,007 square feet, which was lowered
and set by the Board of Adjustment. Dupps said the setbacks were 10 feet and 5
feet. Johnson asked why the Board of Adjustment set the square footage of the
house. Johnson asked for clarification of the process of the Board of Adjustment
approvals and the P&Z approvals. David Hoefer replied that the applicant could
consolidate ifthey want to or go through both boards. Sara Oates noted that the
Board of Adjustment couldn't review the design standards portion.
Dylan Johns asked the theory behind the first story element and second story
decks. Tygre responded that in order to make the first story element really a first
story element nothing is placed on top of it, like furniture and whatever detracting
from the purpose of the first story element stepped-down and it doesn't look like a
two-story element. Tygre said it also has the subsequent enclosure possibility.
Hoefer mentioned that many deck enclosures were seen at the Board of
Adjustment. Haas said that he would be happy to attach the elevation drawing to
the Resolution if approved.
MOTION: Jack Johnson moved to approve Resolution #08, series 2004 granting
a variance from Section 26.410. 040(C)(2) (b), relating to the location afthe garage
3
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ASPEN PLANNING ~ONING COMMISSION MiniJ'(es MARCH 16,2004
and Section 26.410. 040(D)(2), relating to the first story element finding that the
review standards in Section 26,41O.020(C) have been met for the construction of a
single family home, detached garage and ADU at 73 Smuggler Grove with the
attached drawings representing intent. Seconded by Dylan Johns, Roll call vote:
Kruger, yes; Johns, yes; Johnson, yes; Tygre, yes. APPROVED 4-0.
PUBLIC HEARING:
616 WEST MAIN STREET - CONDITIONAL USE
Jasmine Tygre opened the public hearing on a conditional use for 616 West Main
Street. David Hoefer stated the affidavit of notice had been provided; the
commission had jurisdiction to proceed.
James Lindt stated that application submitted by Jennifer Park was for !lPproval to
operate a frame shop. The property was designated historic and located in the
office zone district; as a conditional use shop craft industry was allowed only on
historically designated properties. Lindt said that it fits under shop/craft industries
and there were a variety of uses on West Main Street, which include a Yoga
Studio, Restaurants and Lodges. Staff said there was one on-site parking space and
the applicant believes there is sufficient on street parking in the area to
accommodate the proposed use. No employee mitigation was required and staff
recommend approval with the conditions in the resolution.
Jennifer Park spoke about her enthusiasm in obtaining the space because it has the
feel of what she wants it to feel like; she said James was awesome with his help
and was supported by staff without changing the character of the space. Park said
that there was plenty of on street parking and it was destination shopping; she did
not expect hundreds of people in the store at one time. Park said from her past
experience running a frame shop in Aspen that the most people in the shop at any
one time were three people.
Ruth Kruger asked if she was a tenant or did she purchase the building. Park
replied that she would be a tenant. Kruger asked the number of employees. Park
said it was herself and the other owner. Kruger asked what kind of sign would she
have. Park responded one that was within the character of the building.
Jack Johnson asked Ms. Park what the process was like, a citizen without a
consultant. Park replied that James was great; all the building code issues were
overwhelming at first but everyone was very helpful. The door will have to be
made accessible to meet ADA Standards so the trim would be removed and the
door widened an inch on each side. Lindt stated there were no exemptions for
ADA requirements for historic structures.
4
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ASPEN PLANNING ~ONING COMMISSION Minlrtes MARCH 16.2004
No public comments.
Johnson asked if she was comfortable with the hours of operation of activities.
Park responded that she was comfortable with that timeframe. Lindt replied that it
had the same hours as construction times and was placed as a cautionary condition.
Kruger stated that she was please to see commercial activity take hold on Main
Street and felt that it was appropriate.
MOTION: Ruth Kruger moved to approve Resolution #09, series of 2004, approving a
conditional use, with conditions, to operate aframe shop at 616 West Main. i. The
Applicant shall provide a bear-proof trash container on-sile. 2. The Applicant shall providefree bus
passes/or any additional employees that are hired by the two (2) original owners. 3. Approval of this
conditional use request is contingent upon obtaining a waiver of one parking space from the Historic
Preservation Commission. 4. The Applicant shall apply for and obtain a sign permit from the
Community Development Department prior to erecting any commercial signage. All commercial
signage shall meet the City o/Aspen sign guidelines pursuant to Land Use Code Section 26. 5i 0, Signs.
5 The Applicant shall improve the structure with one entryway that meets the accessibility requirements of
the international Existing Building Code. improvements made to meet the accessibility requirements must
be reviewed and approved by the Historic Preservation Officer prior to installation. 6. No custom framing
activities that entail hammering and routing shall begin prior to 7 AM and last past 7 PM Seconded by
Dylan Johns, Roll call vote: Johnson, yes; Johns, yes; Kruger, yes; Tygre, yes.
APPROVED 4-0.
Adjourned at 5:30 pm into a work session on Building Envelope Adjustments.
Jackie Lothian, Deputy City Clerk
5
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RESOLUTION NO. 03
Series of 2003
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, CASE
NUMBER 03-03, GRANTING AN EXTENSION OF SETBACK VARINACES GRANTED
ON SEPTEMBER 5, 2002 FOR 73 SMUGGLER GROVE, LOT 5, EAST MEADOW
SUBDIVISION, CITY OF ASPEN
WHEREAS, Mike Seguin submitted a request for an extension,
dated August 15, 2003 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 18, 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 request of an extension of variances granted was
initiated by: Mike Seguin on August 15, 2003 for property
with a street address of 73 Smuggler Grove, 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 request for an extension was submitted prior to the
expiration of the existing development order, good cause has
been demonstrated that an extension is necessary and the
circumstances set forth in Chapter 26.315 are still
applicable.
Section 2. Extension Granted.
The Board of Adjustment does hereby a twelve (12) month
extension the setback variances granted on September 5, 2002
at 73 Smuggler Grove per Section 21.314.070(b) of the Aspen
Municipal Code by a to vote.
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APPROVED AS TO FORM
City Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the lSth day of September 2003.
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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MEMORANDUM
TO:
Board of Adjustment
Joyce Ohlson, Deputy Directo~
Sarah Oates, Zoning Office~
THRU:
FROM:
RE:
73 Smuggler Grove-Mike Seguin
DATE:
August 15,2002
SUMMARY: The applicant requests setback variances for the construction of a single-
family residence, garage and Accessory Dwelling Unit. The property is currently
developed with a duplex. The property is zoned R-15A and has the following setback
requirements:
Principal Big.
Accessory Big.
Front Yard
Side Yard
Rear Yard
25 Feet
10 Feet
10 Feet
30 Feet
10 Feet
5 Feet
The applicant is proposing the following setbacks:
Principal Big.
Accessory Big.
Front Yard 10 Feet 10 Feet
Side Yard 5 Feet (South) 10 Feet (North)
Rear Yard 5 Feet 5 Feet
(Bold indicates variance is required)
The parcel is a 6,211 square foot lot with a utility easement on the west and north sides of
the lot as well as a sixteen (16) foot wide sewer easement down the middle of the property.
The existing duplex and a deck is encroaching into the sewer easement. The duplex is non-
conforming in terms of density and setbacks. The property, part of East Meadow
Subdivision, was annexed into the City in 1987 and given an R-15A zoning designation to
allow for duplex use,
Please refer to the attached drawings and written information provided by the applicants for
a complete presentation of the proposed variance.
,....'"'
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APPLICANT:
Mike Seguin, represented by Rally Dupps of Consortium Architects
LOCATION:
73 Smuggler Grove, Lot 5, East Meadow Subdivision
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
Use Code.
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 a 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 applicants would not be deprived of any rights commonly
enjoyed by other parcels in the same zone district should the variance not be
granted.
In terms of unnecessary hardship or practical difficulty, although a sewer
easement divides the property, Tom Bracewell of the Aspen Consolidated
Sanitation District has confirmed that the sewer easement can be moved off the
of the property at the owner's expense. With the removal of the easement
...."..~""l..
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there would be a fairly reasonable building envelope on which to redevelop a
residence. Any argument that moving the easement is cost prohibitive is not
permissible as it relates to Standard 3. Financial loss does not qualify as a
hardship.
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 fmding that the review standards are not met.
RECOMMENDATION: Staff recommends that the request for a fifteen (15) foot
front yard setback variance for a principal building, a twenty (20) foot front yard
setback variance for an accessory building, a five (5) foot setback variance for the
south side yard and a five (5) foot rear yard setback variance for the principal
building for the construction of a single-family dwelling unit and a detached
Accessory Dwelling Unit and garage be denied finding that Standards 2 and 3 have
not been met.
RECOMMENDED MOTION: (All motions are worded in the affirmative) "I move to
approve the request for a fifteen (15) foot front yard setback variance for a principal
building, a twenty (20) foot front yard setback variance for an accessory building, a five (5)
foot setback variance for the south side yard and a five (5) foot rear yard setback variance
for the principal building for the construction of a single-family dwelling unit and a
detached Accessory Dwelling Unit and garage fmding the review standards have been
met."
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RESOLUTION NO. 03
Series of 2002
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A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 02-03 RELATING
TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 73 SMUGGLER
GROVE, LOT 5, EAST MEADOW SUBDIVISION.
WHEREAS, Mike Seguin made application,
dated July 11, 2002 to the Board of Adjustment for a
variance from the dimensional requirements of Chapter 26 of the
Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the Board of
Adjustment on August 15, 2002 and September 5, 2002 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: Mike Seguin on July 11, 2002 for property with a street
address of 73 Smuggler Grove, Aspen, Colorado.
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2. Notice of the proposed variance has been provided to
surrounding property owners in accordance wi th Sec tion 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
the purposes, goals, objectives, and policies of the
Aspen Area Community Plan and Chapter 26 of the
Aspen Municipal Code.
with
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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5. The lite~ interpretation and enforc~ent 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 5 to 0 vote:
A fifteen (15) foot front yard setback variance for a
principal building, a twenty (20) foot front yard setback
variance for an accessory building and a five (5) foot
setback variance for the south side yard for the construction
of a single family dwelling unit and a detached Accessory
Dwelling Unit and garage.
Section 3. Conditions Upon Which Variance is Granted
The variance granted by Section 2, above, is specifically
conditioned upon and subject to the following conditions:
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1.
The development shall be as represented at the
September 5, 2002 meeting and per the attached plans
submitted for said meeting.
The floor area for 73 Smuggler Grove shall be limited
to 3007 square feet as represented in the September 5,
2002 meeting.
The approved plans require variances from the
Residential Design Standards, Section 26.410 of the
Aspen Municipal Code.
Unless vested as part of a development plan pursuant to
Section 26.308.010 of the Aspen Municipal Code, the
variance granted herein shall automatically expire
after twelve (12) months from the date of approval
unless development has been commenced as evidenced by
the issuance of a building permit, or an extension
2.
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granted S'y the Board in which case "fhe variance shall
expire at the end of the extension.
5. Applicant shall, prior to filing an. application for a
building permit, cause to be recorded with the Clerk
and Recorder's Office of Pitkin County a copy of this
resolution.
APPROVED AS TO FORM
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Ci~ Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the ~ day of September 2002
...~~
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Chairperson
I, the undersigned duly appointed and acting Deputy
City Clerk do certify that the foregoing is a true and aqcurate
copy of that resolution adopted by the Board of Adjustment of the
City of Aspen, Colorado, at a meeting held on the day hereinabove
"'''od. ~)4litz:U/
. puty C~ty lerk
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CITY OF ASPEN B(),.rtm OF ADJUSTMENT
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AUl!ust IS. 2002
Charles Paterson opened the City Of Aspen Board Of Adjustment special meeting
at 4:00 p.m. with Mark Hesselschwerdt, Howard DeLuca, Jim Iglehart, Rick Head,
and Greg Hughes present. Bill Murphy was excused. Staff in attendance: David
Hoefer, Assistant City Attorney; Joyce Ohlson and Scott Woodford, Community
Development; Jackie Lothian, Deputy City Clerk. Lothian introduced the new
alternate member, Greg Hughes. Joyce Ohlson introduced herself, the deputy
director and Scott Woodford the new city planner.
PUBLIC HEARING:
CASE #02-03: 73 SMUGGLER GROVE, LOT 5, EAST MEADOW
SUBDIVISION - MIKE SEGUIN
Charles Paterson opened the public hearing for Case #02-03, 73 Smuggler Grove.
David Hoefer stated that public notice was provided; the board had jurisdiction to
proceed. Paterson said that the applicant requested a 15-foot front yard setback
variance for a principal building, 20-foot front yard setback variance for an
accessory building, a 5-foot setback variance for the south side yard and a 5-foot
rear yard setback variance for the principal building for the construction of a single
family dwelling unit and a detached accessory dwelling unit and garage.
Scott Woodford stated that the staff recommendation was for denial because it did
not meet review standards 2 and 3. Woodford said ifthe board moved for approval
then a condition on the sewer line should be added outlined in the Aspen
Consolidated Sanitation District letter from Tom Bracewell dated August 14,2002.
The re-Iocation of the sewer line or a cured in place liner in the sewer where it
exists could be solutions to address the sewer line easement issue.
Rally Dupps, Consortium Architects, explained this property was at the end of
Smuggler Grove Road with a legal non-conforming duplex. There were a number
of utility easements on the property, power poles and lines overhead and the 16-
foot wide sewer easement, the trunk line for the neighborhood. The city/county
line was the back of the lot. Part of the residence and a deck was built on the
sewer easement. Dupps proposed a re-development of the property keeping the
sewer easement in place; the easement would be difficult to move and incumbent
on his client to pay for it plus the impact on the neighbors. Dupps said the
proposed residence was a footprint of 1215 square foot to fit in the triangle with
some variances. They requested a 10- foot front yard setback, a 5 - foot rear yard
setback and 5-foot side yard setback. Also proposed was a separate detached
garage with an ADD above it. Dupps provided elevations and drawings of the
proposed re-development. Dupps said the zoning was R-15, medium density; the
FAR for a single-family residence was 329 square feet less than what was allowed
for a duplex. Mike Seguin stated that he spoke to many of the neighbors and they
2
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CITY OF ASPEN B(),dID OF ADJUSTMENT
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AU2ust 15, 2002
were in favor of getting cars off the street since the street was a dead end with a
bottleneck of cars. Charles Paterson asked how the proposed garage was accessed.
Dupps replied that that there was access from Smuggler Grove Road across the
sewer easement. Dupps said that the first review standard was met but standards 2
and 3 were not; he distributed the written rebuttal describing how the re-
development would not be built on the sewer easement as was the existing duplex.
Dupps said that the existing was a legally non-conforming duplex but the re-
development would bring the property into further compliance with parking on
site. Dupps said that he disagreed with the staff report that said that they had
reasonable use of the parcel because the allowable building envelope was 794
square feet for the south portion and 237 square feet for the north. Dupps utilized
maps and drawings to illustrate the bisection of the property by the sewer easement
and the property line easements; this lot was 6200 square feet. Dupps said that the
third standard would cause hardship and the lot was unique. Dupps referred to
Tom Bracewell's letter from ACSD, which entailed moving the sewer line.
Howard DeLuca asked for something in writing about the sewer line. Seguin
answered that he spoke to Chuck Roth when he first bought the property and he
was told that the sewer line could not be moved. David Hoefer asked if Mr.
Seguin bought the property with full knowledge that there was a sewer easement
across the middle of the property. Seguin replied that yes, he bought with full
knowledge that easement ran across the property; he said that he thought that
something like this could be done across the pipe. Seguin said that was available
but with a 700 square foot pad on one side and two hundred square feet on the
other side, that was basically unbuildable. Hoefer noted for the record that
currently the property was usable without any variances.
Joyce Ohlson clarified if the variance were approved then the sanitation district
would like to see the line put in place, which would be at the applicants expense.
Dupps said that the neighbors homes had parking in front, which this property did
not and was handicapped because the lot was surrounded by private roads and
private property therefore the city setback requirements caused unreasonable and
unintended results for this property. Photos were used for illustrative purposes.
Steve Hock, public, stated that he lived at 23 Smuggler Grove; he said that he was
not against anything would get cars off the street. Hock said that he wasn't
opposed to a re-development and the front yard was really a side yard. Hock asked
for clarification if the unit above the garage was an ADD, office or an artist studio.
Dupps said that they wanted a usable space and had not defined it yet. DeLuca
asked if it was called an ADD to gain square footage. Ohlson stated that if an
ADD would be required on site then this would be restricted as such, but this
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CITY OF ASPEN BOKRo OF ADJUSTMENT
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Au!!:ust 15, 2002
needed to go a step further at the staff level after setbacks were established at the
Board of Adjustment. Dupps stated that they were not going through any
exemption for the space above the garage but taking square footage from the lower
building and placing it above the garage.
Al Beyer, public, stated that he lived at 024 Ardmore Drive and this was a
challenging site. Beyer said that he was going to be critical with his comments and
submitted a letter stating these concerns. Beyer said that the very minimum
necessary to give you reasonable use was what should be stated and this re-
development was the very maximum of what could be requested today. Beyer said
that there were no hardships and a 10-foot setback should remain at Ardmore Drive
because of the elevation of 4 feet above this property; he voiced concern for the
structural ability of Ardmore Drive with the light wells 5 feet from Ardmore with a
depth of 8 feet; he questioned enough room for Holy Cross to bury the utility lines
in that 5 foot easement. Beyer said there were two small existing apartments to an
upgrade of one big house and potentially one small apartment. Beyer said that the
lot was purchased at a discounted price relative to the market because of the
existing conditions and now was for sale with a request for variances under the
guise of a hardship.
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Dan Sadowsky, public, 43 Smuggler Grove, stated that the issues were a
substandard street or a glorified driveway, very problematic parking and a safety
problem, rental properties having more cars. Sadowsky said the design was ok and
have heard various price tags on moving the sewer and how it would affect the
neighborhood. Sadowsky said taking the vehicles off the street would be a relief
for the neighborhood.
Evan Gull, public, said that he lived at 25 Ardmore Court. Gull said that in trying
to determine what reasonable use was that the maximum FAR was not reasonable
without pushing the setbacks in every direction.
DeLuca stated that there was difficulty in the lot with the front yard setback being
imposed on the side yard and there was a hardship with the way the lots were laid
out on that block but the sewer easement was a gray area. DeLuca said they were
asking for a setback on every side of the lot and within 5-feet of Ardmore, which
should be maintained at lO-feet. DeLuca said the FAR was 3200 square feet and
with the basement there was actually 4200 square feet, the mass and height
encroaching on the street was a problem and he said this was not a minimum
vanance.
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AU2ust IS. 2002
CITY OF ASPEN B~ OF ADJUSTMENT
Jim Iglehart asked if each lot was looked at for setbacks when it was annexed into
the city. Joyce Ohlson responded that it was probably annexed as is.
Mark Hesselschwerdt said that Rally did well putting the maximum FARon this
site, it was quite a work of architecture. Hesselschwerdt said they were going from
2 bedrooms and a studio to 4 bedrooms and an ADD; he said this was appropriate
on some variances but by going for the maximum variances was missing the mark
for a salable item that they bought at a discount because ofthe inherent problems.
Rick Head said that he joined Mark in that the density will not be reduced by this
development; he said that if all the setbacks were backed out and the easements
there was only a postage stamp size for development left. Head stated this lot was
tough to develop and saw no point in moving the sewer line; he said that he was in
favor of granting the variance.
Jim Iglehart echoed Rick. Iglehart said that the utility line problem would be
addressed between Holy Cross and the owner. Iglehart asked what the minimum
setback was that this board would approve. David Hoefer stated that for a legal
point of clarification, if the board felt that they were requesting too much, then the
applicant could have the opportunity to re-design and come back with something
else and ask for less. Hoefer noted that the board was voting on what was
proposed.
DeLuca restated that the front yard setback was ridiculous but the getting rid of the
other setbacks was not granting a minimal variance. DeLuca suggested reducing
the size of the house by 500 square feet, changing the front yard setback to a side
yard setback, which would be a minimum variance instead of the proposed
maximum FAR, mass and size encroaching onto the street (Ardmore); he said that
just gives a slightly smaller building envelope. DeLuca stated there were still
encroachments but instead of 4200 square feet, it could be 3500 square feet.
DeLuca stated that he was not willing to grant the proposed variances.
Greg Hughes said that the redevelopment would be a nice addition to improve the
neighborhood. DeLuca stated that the Board of Adjustment was supposed to grant
the minimum variance and not just because something looks nice should the
variance be granted. DeLuca said that right now he would be able to build 1200
square feet and he was asking for 4200 square feet, somewhere in between would
be better. Iglehart said that he respected what Howard said but the applicant would
have to come back and take his chances again. DeLuca provided several scenarios
for re-design with variances. Iglehart said that he did not want them to have to
keep coming back. Hesselschwerdt stated that the criteria denoted the minimum
5
CITY OF ASPEN B(),(RD OF ADJUSTMENT
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AUl!:ust 15, 2002
not the maximum variance; the applicant ignored that. DeLuca stressed that the
house had to be shrunk down in size to fit into the minimum variances.
Iglehart asked if this board was the only way to get a building envelope changed.
Ohlson replied that the underlying zone district dictated the setbacks; she said that
the real question was the one that Howard brought up of the minimum setback to
reasonably develop and use the property.
Paterson said that the board was split and 4 positive votes were needed to grant the
approval. Paterson stated that Howard's point was valid with the difficulty on
Ardmore Court with the 5-foot setback and road stability unless a concrete wall
was built. Paterson suggested tabling and continuing for a smaller redesign; he
said that he felt that the re-development was necessary with practical difficulty
without moving the sewer. Paterson said that Mark and Howard's concerns were
very legitimate and would like to see a change. The front yard could be treated
like a side yard and the house should be designed in a smaller scale with more
setbacks on the Ardmore side. Paterson stated that Al Beyer's comments were also
very good.
MOTION: Rick Head moved to continue Case #02-03 to September 5,
2002 so the applicant, Mike Seguin can revise the plan with the stated
revisions from this meeting. Mark Hesselschwerdt seconded. All in
favor, APPROVED 5-0.
Dupps said that there would be changes to the side yard setbacks on the Ardmore
side to 10 feet and to minimize the all around setback variance requests.
MINUTES
MOTION: Rick Head moved to approve the minutes from June 13 and
27,2002 for Case #02-02, Gary and Kathleen Albert, 725 West
Smuggler. Mark Hesselschwerdt seconded. APPROVED 5-0.
MOTION: Rick Head moved to adjourn at 5:25; seconded by Jim
Iglehart. APPROVED 5-0.
kie Lothian, Deputy City Clerk
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September 5, 2002
Charles Paterson opened the City Of Aspen Board Of Adjustment continued
meeting at 4:00 p.rn. with Mark Hesselschwerdt, Greg Hughes, Rick Head, and
Howard DeLuca present. Jim Iglehart and Bill Murphy were excused. Staff in
attendance: David Hoefer, Assistant City Attorney; Sarah Oates, Zoning Officer,
Scott Woodword, Community Development; Jackie Lothian, Deputy City Clerk.
MINUTES
MOTION: Rick Head moved to approve the minutes of August 15,
2002; seconded by Mark Hesselschwerdt. APPROVED 4-0.
CONTINUED PUBLIC HEARING:
CASE #02-03: 73 SMUGGLER GROVE, LOT 5, EAST MEADOW
SUBDIVISION - MIKE SEGUIN
Charles Paterson opened the continued public hearing for Case #02-03, 73
Smuggler Grove. David Hoefer stated that public notice was provided at the
August 15th meeting.
Paterson said that the applicant requested a 15-foot front yard setback variance for
a principal building, 20-foot front yard setback variance for an accessory building,
a 5-foot setback variance for the south side yard and a 5-foot rear yard setback (
variance for the principal building for the construction of a single family dwelling
unit and a detached accessory dwelling unit and garage.
Scott W oodword said that the applicants have made some strides but staff still
recommends denial of the new plan.
Rally Dupps, Consortium Architects, said that they took to heart the board and
public comments with a revised site plan, elevations and revised proposal included
in the packet. Dupps utilized drawings to illustrate the changes on the variances
for the front and side yard setbacks. The architecture was revised with different
roof pitches with more ins and outs to create more visual interest.
Dupps said that 432 square feet was removed from the building. Dupps said this
re-design was more in the spirit a board of adjustment to grant variances; they were
no longer seeking the maximum FAR or variances.
Mr. Hawk, public, stated that he did not oppose the re-development but that there
was still 4500 square feet of structure, which wasn't small.
Charles Paterson read the letter from Ruth Brown that stated no objections to front
and side yard setbacks with the current scheme, which was greatly improved.
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CITY OF ASPEN BO~ OF ADJUSTMENT
- September 5, 2002
Rick Head noted that the garage was reconfigured and a shed was added but it
looked like the square footage was removed from the house. Sarah Oates said that
the revised proposal was 359, which would count as FAR. Head asked how the
electrical easement was resolved. Dupps replied that would be worked out with
Holy Cross.
Howard DeLuca asked staff if the front yard were a side yard instead of a front
yard what would the setback be. Sarah Oates replied that it was 10 feet.
Mark Hesselschwerdt said that he was disappointed with the roof on the garage
because it made that a little more monolithic but made sense if time will be spent
on the second floor above the garage. Hesselschwerdt said that the criteria for an
ADD were subordinate to the main house. Hesselschwerdt said the review
standards will probably be a problem and the main house was going to be a huge
monolithic structure, the front door won't work for the city criteria; minimum
variances still haven't been addressed and he said that he was disappointed that
more consideration wasn't given to making the main house smaller.
Greg Hughes asked Mr. Hawks his objection. Hawks said it was quite a bit of
square footage for the neighborhood. Hawks said the house was about 4500 square
feet of structure even though some of it doesn't apply to the FAR.
Dupps said there was one-story structure facing 73 Smuggler Grove, the height of
the roof was pretty low, below the maximum height limit. Dupps said that they
were giving up FAR with a large number of one-story elements on the front.
Dupps disagreed with the maximum square footage and that the house was in
compliance and was a smaller residence than all of the other houses in the
neighborhood.
David Hoefer asked if these plans were finalized so the board could put a condition
if they decided to approve the variances that it would be subject to these plans.
Hesselschwerdt stated that if these variances were granted they would be for this
proposal.
Sarah Oates said that for the record that the application did not meet certain
residential design standards and the applicant needed to go to P&Z for variances
even if this plan was approved by the board tonight. David Hoefer asked if the
square footage was on the plan. Oates replied that the FAR was 3007 square feet.
Dupps noted that due to site constraints the garage had to be side loaded and a one-
story element. Oates responded that was correct about the garage but this doesn't
3
CITY OF ASPEN BO'.lmD OF ADJUSTMENT
September 5, 2002
qualify for a one story because of the deck element and a variance would be
needed. Further approvals were required.
DeLuca said that part of his judgment depended on these drawings and not what
another board determined as the correct square footage and design. DeLuca said
that he liked what was done and was more pleasing to the eye; it accommodated
what was talked about at the last meeting. DeLuca noted that the lot runs the
wrong way; he liked the entry and that he was in favor of the drawings. DeLuca
stated that he also liked the porches.
Head said that he was in agreement with Howard. Head stated that the approval
was subject to plan as presented with 3007 square foot FAR with the design.
Hesselschwerdt said that they were trying to come up with a marketable property
and the 5-foot setback on the south was still tough; he said that not going to max
height with limited approval to the plans was better with the 3 levels ofF AR at 835
for the upstairs, the main is 1083 and then the basement. Hesselschwerdt said that
this would be contingent on these plans to make it work.
Greg Hughes said that it would be a nice addition and they have come to terms
with what they have in the new plan.
Charles Paterson said there was a practical difficulty with the lot and that he could
consider the variances with conditions agreed to with the assessment agreed upon.
MOTION: Rick Head moved to approve A fifteen (15) foot front yard
setback variance for a principal building, a twenty (20) foot front yard
setback variance for an accessory building and a five (5) foot setback
variance for the south side yard for the construction of a single family
dwelling unit and a detached Accessory Dwelling Unit and garage for
Mike Seguin at 73 Smuggler Grove, Lot 5, East Meadow Subdivision be
limited to 3007 square feet as represented in the September 5, 2002
meeting. The approved plans require variances from the Residential
Design Standards, Section 26.410 of the Aspen Municipal Code. Mark
Hesselschwerdt seconded. Roll call vote: DeLuca, yes; Hughes, yes;
Hesselschwerdt, yes; Head, yes; Paterson, yes. APROVED 5-0
Adjourned 4:20 p.rn.
Jackie Lothian, Deputy City Clerk
4
970 925 6797;
Aug-15-03 4:09PM;
Page 2/4
Sent By: consortium;
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73 Smuggler Grove i
Board of Adjustment:Proposal- Revisions & Alterations
To:
,
The City Of Aspen:
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<<: Mike Seguin, Sarah
Oates
list<: August 15,2003
S.bied: 73 Smuggler Grove. Lot 5
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From: Rally Dupps of
. Consortium Architects
(Representative)
AooHl:lInt'. Information:
Mike Seguin
503 Dean St.
Aspen, Colorado 81611
ph: 970-618-6546
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. e'. Informatio :
Rally Dupps, AlA ofConsorti Architects
POB 3662
Aspen, Colorado 81612 ;
ph: 970-925-6797 fax: 970-9~5-6797
Project Descriotion: I
73 Smuggler Grove Road is ~. sting legal non-conforming duplex on a lot that is zoned in the city
of Aspen as R-15A. The lot zc is 6211 s.fl!llli has 3299 s.f of allowable FAR for a single family
residence and 3663 s.f for a duplex. The lot has three casements that run across the property,
overhanging power lines, and an irregular non - rectangular shape. In addition to this, the lot is
located at the dead end of S~Uii1er Grove, with neighboring lots that nearly completely surround
the subject property. There isionly a few feet of actual frontage onto Smuggler Grove from this lot.
A 16'-0" wide sewer easerr.~+ _ _,__ ".;.. :+ e iiagonal cffcctively cuts this property in half. There is
also a 5'.0" general utility elll\l'ment which runs along the east side of the property and another 10'-
0" general utility easement t1frt runs along the north end of the property. Variances from the city
setback standards were apprpved by the Board of Adjustment on September 5, 2002 and are
discussed below. I
Revisions 1 AlteratioD8 t
On S. eptember 5, 2002. the oard of Adjustment voted unanimously 5-0 to approve our variance
requests as detailed in the BO resolution No. 03 series of 2002. These Wtll'll:
1 a fifteen foot front yard :t:. ce for a principal building,
2. a twenty foot front yard se k variance for an accessory building and
3. a five foot setback varianc for the south side yard.
At the same time, the board 480 set the allowable FAR to 3007 s.f(down from 3299 s.f.) and made
the proposed set of drawings a part of the approval. Since then, my client finds himself in different
financial circumstances today,than he did a year ago. A year Ilia, the properly was put up for sale.
N_, ........, my clio<. r '" -.. """'" i.""'" '" ~.".. "" """"" -~. ^'
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Sent By: consortium;
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such, the building needed to l:lc rcvised to better fit his individual needs ruther than be designed for
mass appeal. i
For II few months now, my CI~nt and I have diligently revised the exteriol'S, changing only exterior
materials. door. and windO;W sizes and locations, but have avoided changing anything about the
proposal with regard to setb s, building footprints. site plan, FAR and the basic building design.
Although, this process has en II significant amount of time, we are now fully ready to proceed
toward preparing druwings fqr a building permit. We are asking that the Board of Al\iustment
simply give us a one time e~on to our approval, so that we may proceed with the pennitting
process. I .
I
As detailed by the re$Olution jrnda section 3, line 3, the approved plans require vuriances from the
Rellidential Design Standards IfCCtion26.410. We will have to go to P & z after BOA fora couple of
reasonable variances from th~Residentia1 Design Standards that we will need. to accommodate our
design and its response to ourjunique site constraints. We need your BOA extension to.enable us to
go to P & Z and keep the ~ss going so that we may ultimately apply for a building pe11l1it.
.
Prolect Overview Revisited ~
Our proposal has changed 1itt1~lnce September 5, 2002. Only minor exterior changes have been
made. Therefore we thought i was appropriate to reprint our BOA application letter for the
September 5, 2002 meeting to. dress the chapleT 26.314 standards, given that it is stil1 just as
relevant today as it was then.
I
The fonowing is liD excerpt tm oor BOA application of September 5, 2002:
At the August 15, 2002 BO~eeting, several concems were raised regarding the proposal and the
application was continued un Sep !ember 5, 2002. Many of the issues (such as the sewer easement)
raised in the staff report dat August 15,2002 were resolved at the first BOA hearing and are not
revisited here. However. a fe new issues and conc:ems were brought up at the hearing, and they are
addreSlled here. For this new ~OA hearing, we have made the following ciumges and alterations to
the project: I
I. The east side yard ~k variance has been eliminated. Our proposal now follows the
guidelines which req' 10'-0"
2. The architecture of buildings has been revised to respond better with the neighboring
buildings. ,
The detached garage t., moved 1'-0" over to the west to total 6' -0" from Ardmore Drive.
Please note that the p evious proposal was already in compliance with the 5' -0" rear yard
!lCtback
The size of the propo is reduced from our previous submittal We have reduced the FAR
by 292 s.f. This BInO t is also what we are requesting below the allowed FAR.
The main level is redu ed in size by 132 s.f and the upper level is reduced ill size by 252 s.f.
The uppcr level mass redueed to eliminate the monolithic appearance of the East elevation
facing Ardmore Drivel We accomplished this by adding decks, breaking up roof forms, and
staggering eastern faelpg walls, and adding more single story elements.
The lower level of 'fie detached garage was slightly expanded for my client to store
recreational vehicle:~ addition to cars which will be parked inside, and NOT on the street.
We removed the slarred south wall
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970 925 6797;
Aug.15-03 4:09PM;
Page 3/4
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970 925 6797;
Aug-15-03 4:10PM;
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Our revised BOA application keks to be more consistent with thc standard of granting the minimum
variance that will make possible the reasonable use of the parcel. In this spirit, we have made other
changes regarding size and lietback variances. We have moved the garage PAST the allowed
variance for the accessory building of S' -0" along Ardmore Drive. Our application continues to not
seek any variance here. F~ore, we have reduced the FAR of our application by 292 s.f, We
are no longer seeking the matimum FAR allowed. The proposed principal building is now much
smaller than our previous submittal, having been reduced in size 424 s,f, The largest sticking point
from the August 15 hearing seemed to be the east side yard setback. Our proposal has eliminated the
need for this variance. This will allow for more room to relocate overhead power lines and eliminate
the need for additional retainitle walls along Ardmore Drive. . The remaining variances that we are
requesting are: I
I
1, 10' -0" front yard setb~k for accessory building
2. 10' -0" front yard setb~k for principal building
3. S' -0" side yard for principal building
I
In summlll"Y. our app\ication~' seeking far less in general than that of our previous application. We
believe that we have answe and responded to nearly all of the comments made at our August 15
BOA hearin~ by both the bo and the general public. The building is smaUer, our setbacks are
greater, the number of varian. s required Is reduced, and our buildings will fit in ktter with other
buildings in the neighborh .' u;._~ n" believe that we have addressed your previous concerns, we
ask that your grant this very nable and reduced application,
List of Exhibits:
A - Site Plan - proposed date August 15, 2003
B - Main hO\l..<;e plans and ele lions dated August 15.2003
C - Garage 1 ADU plans and evations dated August 15, 2003
D FAR calculation sheet da August 15, 2003
E - Board of Adjustment App cation Packet (already submitted)
F - Approved drawings and lution #03 series of 2002 - available from the city of Aspen
!
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RESOLUTION NO. 03
Series of 2003
-
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF
ASPEN, CASE NUMBER 03-03, GRANTING AN EXTENSION OF
SETBACK V ARINACES GRANTED ON SEPTEMBER 5, 2002 FOR 73
SMUGGLER GROVE, LOT 5, EAST MEADOW SUBDIVISION, CITY OF
ASPEN
WHEREAS, Mike Seguin submitted a request for an extension, dated August
15,2003 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 18, 2003 where full deliberations and consideration of the evidence
and testimony was presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
ADmSTMENT OF THE CITY OF ASPEN, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact:
1. A request of an extension of variances granted was initiated by: Mike
Seguin on August 15,2003 for property with a street address of73 Smuggler
Grove, 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 request for an extension was submitted prior to the expiration of
the existing development order, good cause has been demonstrated that an
extension is necessary and the circumstances set forth in Chapter 26.315 are
still applicable.
1Il~ltl~~J~I(f~lf~II11~~Ul111111 1111111111111 ~~~~~~:r ~ I: 10A
R 11.00 0 0.00
,,-
11I1111111111 ~~IIIIIII ~~;~~~;I ~ I; 10~
SILVIA DAVIS PITKIN COUNTY CO R 11.00 00.00
Section 2. Exten~n Granted.
The Board of Adjustment does hereby a twelve (12) month extension the
setback variances granted on September 5, 2002 at 73 Smuggler Grove per
Section 21.3l4.070(b) of the Aspen Municipal Code by a four (4) to zero
(0) vote.
APPROVED AS TO FORM
n~ }-J;-
City Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 18th day of September 2003.
c~~Q
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.
2.
iII"--",
.........-
.
RESOLUTION NO. 03
Series of 2002
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 02-03 RELATING
TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 73 SMUGGLER
GROVE, LOT 5, EAST MEADOW SUBDIVISION.
WHEREAS, Mike Seguin made application,
dated July 11, 2002 to the Board of Adjustment for a
variance from the dimensional requirements of Chapter 26 of the
Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the Board of
Adjustment on August 15, 2002 and September 5, 2002 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: Mike Seguin on July 11, 2002 for property with a street
address of 73 Smuggler Grove, 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.
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 5 to 0 vote:
A fifteen (15) foot front yard setback variance for a
principal building, a twenty (20) foot front yard setback
variance for an accessory building and a five (5) foot
setback variance for the south side yard for the construction
of a single family dwelling unit and a detached Accessory
Dwelling Unit and garage.
Section 3. Conditions Upon Which Variance is Granted
The variance granted by Section 2, above, is specifically
conditioned upon and subject to the following conditions:
1. The development shall be as represented at the
September 5, 2002 meeting and per the attached plans
submitted for said meeting.
2. The floor area for 73 Smuggler Grove shall be limited
to 3007 square feet as represented in the September 5,
2002 meeting.
3. The approved plans require variances from the
Residential Design Standards, Section 26.410 of the
Aspen Municipal Code.
4. Unless vested as part of a development plan pursuant to
Section 26.308.010 of the Aspen Municipal Code, the
variance granted herein shall automatically expire
2
;"'....'.,
""-'" '_.,..c'
after twelve (12) months from the date of approval
unless development has been commenced as evidenced by
the issuance of a building permit, or an extension
granted by the Board in which case the variance shall
expire at the end of the extension.
s. Applicant shall, prior to filing an application for a
building permit, cause to be recorded with the Clerk
and Recorder's Office of Pitkin County a copy of this
resolution.
APPROVED AS TO FORM
City Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the Sth day of September 2002
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
3
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MEMORANDUM
TO:
Board of Adjustment
Joyce Allgaier Ohls~puty Director of Community Development
Sarah Oates, Zoning OfficerSO
Scott Woodford, City PlanneN
THRU:
FROM:
RE:
73 Smuggler Grove-Mike Seguin
DATE:
September 5, 2002
-------------------------------------------
-------------------------------------------------
REVISIONS SINCE THE S/15 HEARING: The applicant has revised the proposal
since being tabled at the August 15, 2002 hearing. The substantive changes are as
follows (also see attached memo from architect dated September 5, 2002 for
additional detail as well as revised and old plans):
. The east side yard setback variance has been eliminated and now complies
with the 10' requirement.
. The architecture has been revised to address neighborhood compatibility
issues by breaking up the roof forms, adding decks, staggering east facing
walls, and adding more single story elements.
. The detached garage has been moved I' farther to the west to be a total of 6'
away from Ardmore Dr.
. The overall size of the single-family dwelling has been reduced by 424
square feet.
Although staff feels that the revisions are a step in the right direction, we continue to
feel that what is being proposed still exceeds the minimum variance to allow
reasonable use of the parcel and that the parcel already enjoys reasonable use as a
duplex.
SUMMARY: The applicant continues to request setback variances for the construction of
a single-family residence, garage and Accessory Dwelling Unit. The property is currently
developed with a duplex. The property is zoned R-15A and has the following setback
requirements:
r,
~
Principal Big,
Accessory Big,
Front Yard
Side Yard
Rear Yard
25 Feet
10 Feet
10 Feet
30 Feet
10 Feet
5 Feet
The applicant is proposing the following setbacks:
Principal Big,
Accessory Big.
Front Yard 10 Feet 10 Feet
Side Yard 5 Feet (South) 10 Feet (North)
Rear Yard 10 Feet 5 Feet
(Bold indicates variance is required)
The parcel is a 6,211 square foot lot with a utility easement on the west and north sides of
the lot as well as a sixteen (16) foot wide sewer easement down the middle of the property,
The existing duplex and a deck is encroaching into the sewer easement. The duplex is non-
conforming in terms of density and setbacks. The property, part of East Meadow
Subdivision, was annexed into the City in 1987 and given an R-15A zoning designation to
allow for duplex use.
Please refer to the attached drawings and written information provided by the applicants for
a complete presentation of the proposed variance.
APPLICANT:
Mike Seguin, represented by Rally Dupps of Consortium Architects
LOCATION:
73 Smuggler Grove, Lot 5, East Meadow Subdivision
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
Use Code.
2. Standard: The grant of the variance is the minimum variance that will make
possible the reasonable use ofthe parcel, building, or structure.
,.......
'-'
Response: Reasonable use of the parcel already exists, as there is a 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 applicants would not be deprived of any rights commonly
enjoyed by other parcels in the same zone district should the variance not be
granted.
In terms of unnecessary hardship or practical difficulty, although a sewer
easement divides the property, Tom Bracewell of the Aspen Consolidated
Sanitation District has confirmed that the sewer easement can be moved off the
of the property at the owner's expense. With the removal of the easement
there would be a fairly reasonable building envelope on which to redevelop a
residence. Any argument that moving the easement is cost prohibitive is not
permissible as it relates to Standard 3. Financial loss does not qualify as a
hardship.
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.
c
RECOMMENDATION: Despite the revision, staff continues to recommend that the
request for a fifteen (15) foot front yard setback variance for the principal building, a
twenty (20) foot front yard setback variance for an accessory building, and a five (5)
foot setback variance for the south side yard for the principal building, for the
construction of a single-family dwelling unit and a detached Accessory Dwelling Unit
and garage be denied finding that Standards 2 and 3 have not been met.
RECOMMENDED MOTION: (All motions are worded in the affirmative) "I move to
approve the request for a fifteen (15) foot front yard setback variance for a principal
building, a twenty (20) foot front yard setback variance for an accessory building, a five (5)
foot setback variance for the south side yard and a five (5) foot rear yard setback variance
for the principal building for the construction of a single-family dwelling unit and a
detached Accessory Dwelling Unit and garage finding the review standards have been met."
d:\home\saraho\boa\2002\73smugglergrove.doc
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RESOLUTION NO. 03
Series of 2002
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE IN CASE NUMBER 02-03 RELATING TO PROPERTY IN
THE CITY OF ASPEN WITH AN ADDRESS OF 73 SMUGGLER GROVE, LOT 5,
EAST MEADOW SUBDIVISION.
WHEREAS, Mike Seguin made application, dated July 11, 2002 to
the Board of Adjustment for a variance from the dimensional
requirements of Chapter 26 of the Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the Board of
Adjustment on August 15, 2002 and on September 5, 2002 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: Mike Seguin on July 11, 2002 for property with a street
address of 73 Smuggler Grove, 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.
5. The literal interpretation and enforcement of the
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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 fifteen (15) foot front yard setback variance for a
principal building, a twenty (20) foot front yard setback
variance for an accessory building, a five (5) foot setback
variance for the south side yard for the principal building
for the construction of a single family dwelling unit and a
detached Accessory Dwelling Unit and garage.
APPROVED AS TO FORM
City Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 5th day of September 2002
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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73 Smuggler Grove
Board of Adjustment Proposal- Revisions & Alterations
To:
The City Of Aspen
cc: Mike Seguin, Sarah
Oates
Date:
September 5, 2002
Subject: 73 Smuggler Grove, Lot 5
From: Rally Dupps of
Consortium Architects
(Representative)
Applicant's Information:
Mike Seguin
503 Dean St.
Aspen, Colorado 81611
ph: 970-618-6546
Representative's Information:
Rally Dupps, AIA of Consortiurn Architects
POB 3662
Aspen, Colorado 81612
ph: 970-925-6797 fax: 970-925-6797
Project Description:
73 Smuggler Grove Road is an existing legal non-conforming duplex on a lot that is zoned in the city
of Aspen as R-15A. The lot size is 6211 s.f and has 3299 s.f of allowable F.A.R for a single family
residence and 3663 s.f for a duplex, The lot has three easements that run across the property,
overhanging power lines, and has an irregular non - rectangular shape. In addition to this, the lot is
located at the dead end of Smuggler Grove, with neighboring lots that nearly completely surround
the subject property. There is only a few feet of actual frontage onto Smuggler Grove from this lot.
A 16' -0" wide sewer easement running at a diagonal effectively cuts this property in half. There is
also a 5'-0" general utility easement which runs along the east side of the property and another 10'-
0" general utility easement that runs along the north end of the property.
2.
Revisions 1 Alterations
At the August 15,2002 BOA meeting, several concerns were raised regarding the proposal and the
application was continued until September 5, 2002. Many of the issues (such as the sewer easement)
raised in the staff report dated August 15,2002 were resolved at the first BOA hearing and are not
revisited here. However, a few new issues and concerns were brought up at the hearing, and they are
addressed here. For this new BOA hearing, we have made the following changes and alterations to
the project:
I, The east side yard setback variance has been eliminated. Our proposal now follows the
guidelines which require 10'-0"
The architecture of the buildings has been revised to respond better with the neighboring
buildings.
The detached garage was moved I '-0" over to the west to total 6'-0" from Ardmore Drive.
Please note that the previous proposal was already in compliance with the 5'-0" rear yard
setback
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4. The size of the proposal is reduced from our previous submittal. We ha\'e reduced the FAR
by 292 s.f. This amount is also what we are requesting below the allowed FAR.
5, The main level is reduced in size by 132 s.fand the upper level is reduced in size by 252 s,f,
6. The upper level mass is reduced to eliminate the monolithic appearance of the East elevation
facing Ardmore Drive. We accomplished this by adding decks, breaking up roof forms, and
staggering eastern facing walls, and adding more single story elements.
7. The lower level of the detached garage was slightly expanded for my client to store
recreational vehicles in addition to cars which will be parked inside, and !\OT on the street.
8. We removed the staggered south wall
Our revised BOA application seeks to be more consistent with the standard of granting the minimum
variance that will make possible the reasonable use of the parcel. In this spirit, we have made other
changes regarding size and setback variances. We have moved the garage PAST the allowed
variance for the accessory building of 5' -0" along Ardmore Drive. Our application continues to not
seek any variance here. Furthermore, we have reduced the FAR of our application by 292 s.f, We
are no longer seeking the maximum FAR allowed. The proposed principal building is now much
smaller than our previous submittal, having been reduced in size 424 s.f. The largest sticking point
from the August 15 hearing seemed to be the east side yard setback. Our proposal has eliminated the
need for this variance. This will allow for more room to relocate overhead power lines and eliminate
the need for additional retaining walls along Ardmore Drive. The remaining variances that we are
requesting are:
1. 10' -0" front yard setback for accessory building
2. 10'-0" front yard setback for principal building
3. 5' -0" side yard for principal building
In summary, our application is seeking far less in general than that of our previous application. We
believe that we have answered and responded to nearly all of the comments made at our August 15
BOA hearing by both the board and the general public. The building is smaller, our setbacks are
greater, the number of variances required is reduced, and our buildings will fit in better with other
buildings in the neighborhood. Since we believe that we have addressed your previous concerns, we
ask that your grant this very reasonable and reduced application.
List of Exhibits:
A - Site Improvement Survey from Alpine Suryeys (already submitted)
B - Site Plan - proposed dated 09-05-02
C - Site Plan - allowed dated 09-05-02
D - Building elevations for residence numbered 1 - 4 dated 09-05-02
E - Garage 1 ADU elevations numbered 5 - 8 dated 09-05-02
F - FAR calculation sheet dated 09-05-02
H - Board of Adjustment Application Packet (already submitted)
I - 73 Smuggler Grove application proposal of revisions 1 alterations dated 09-05-02
J - Letter from Holy Cross regarding power line burial (already submitted)
K - Letter from the Sanitation District regarding roof overhangs (already submitted)
L - Pictures from the Smuggler Grove Road neighborhood (already submitted)
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Sent By: consortiumj
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970 925 6797;
Jul-15-02 2:41PM;
-~""); ",",
Page 2
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73 Smuggler Grove
Board of Adjustment Proposal
To:
The City Of Aspen
CC: Mike Seguin, Sarah
Oates
DIEt:
July 11, 2002
Subject:
73 Smuggler Grove, Lot 5
From:
Rally Dupps of
Consortium Architects
(Representative)
Applicant's Information:
Mike Seguin
503 Dean St.
Aspen, Colorado 81611
ph: 970-618-6546
Representative's Information:
Rally Dupps, AlA
Consortium Architects
POB 3662
Aspen, Colorado 111612
ph: 970-925-6797
fax: 970-925-6797
Proiect Description:
73 Smuggler Grove Road is an existing legal non-conforming duplex on a lot that is zoned in the city
of Aspen as R.15A. The lot size is 6211 s.f and has 3299 s.f of allowable FAR for a single family
residence and 3663 s.f for a duplex. The lot has three easements that run across the property,
oycrhanging power lines, and has an irregular non - rectangular shape. Tn addition to this, the lot is
located at the dead end of Smuggler Grove, with neighboring Jots that nearly compleldy surround
the subject property. There is only a few feet of actual fulfitage onto Smuggler Grove from this lot.
A 16'-0" wide sewer llll.Sement running at a diagonal effectively cuts this property in half. Therc is
also a 5'-0" general utility easement which runs along the east side of the property and unothcr 10'-
0" gencral utility ea~ement that runs along the north end of the property.
According to the city zoning codes, the front yard setback is 25'-0" with a rear yard setback of 10'-
0" and side yard setbacks of 10'.0". The front yard setback would be from Smuggler Grove. For
accessory buildings, the front yard setback is 30'-0", side yard setback is 10'-0", and the fear yard
setback is 5'-0".
Our application seeks variances from the Title 26 dimensional requirements. It is our feeling that
due to the unique configuration of this lot and the many casements on the property that the litera!
interpretation and enforcement of Title 26 would deprive my client the rights cOIJUUonly enjoyed by
other parcels in the same zone district and would cause my client unnecessary hardship and / or
Sent By: consortiumj
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970 925 6797;
Jul-15-02 2:41PM;
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>+: practical difficulty. After strict interpretation of the land use code, the resulting building t:nvelope
would not allow for a home or a garage of pmctical dimensions or function _ please refer to t:xhibit
C.
Our proposal seeks to place the bulk of the residence building envelope to the south of the sewer
easement with a separate, detached garage / ADU to tht: north of the sewer easement. The existinji
duplex - please ref. exhibit A - is built over the sewer easement and almost up to the sewer linc
itself. Furthermore, the north rear porch completely covers this easement. The redevelopment of (he
site removes these encroachrn.ents,
Furthermore, the main problem we face was how to access the property from Smuggler Grove Road.
Since the frontage on Smuggler Grove is the width of the street itself, OUT solution was to use a
separate, detached garage which is accessed by a softscapt: driveway that travels along with the
sewer easement. This will allow easy access to the sewer line for maintenance by the sanitation
district as well as reducing the mass of the residence by placing the garage to the rear of thc
property, which is a traditional urban configuration and follows the goals of tht: Aspen area
Community Plan. There is no alley from which to access the property, since the surrounding roads
of Mascotte and Ardmore are private.
The proposed site plan - ref. exhibit B - seeks the minimum varianct: that will make possible the
reasonable use of the parcel and its improvements thereupon. Our proposal seeks dimensional
variances to change the front yard setback to ] 0' -0" for both the residence and the garage, the south
side yard to 5'-0", the rear yard for both structures to 5' -0" and 1 0' -0" for the north side yard, which
is thc width of the utility easement. Our proposal is in compliance with the code regarding root'
overhangs into setbacks of up to 1'-6" being allowed. The sanitation district hs:; approved the roof
overhangs shown in our proposed site plan along the sewer easement. ref: exhibit K.
Lighl wells are permilled to encroach into setbacks as long as they are of minimum size, Our
proposal shows light wells of minimum size required for egress. Our proposal is within the allowed
FAR for a single family residence of 3299 s.f. Furthermore, we seek to bury the aboye ground
power lines that run along the east side of the 101 and have been given permission to do so by Holy
Cross - ref. exhibit J.
Our proposal will reduce the neighborhood density by changing from an existing duplex USt: lo a
single fanlily residence.
Review Criteria:
The following are responses to 26.314.040 from the Board of Adjustment application:
A I, The setback variances are of minimum size to accommodate 11 residcncc and II detached garagc
while respecting the unusual property lines and many easements placed on the property. -Ref
exhibit B. Although we are faced with an unorthodox lot and building envelope, we feel that
we have responded to the criteria in a traditional way that enhances the neighborhood with a
conventional building arrangement. Thc proposal encourages the Aspen Area COllulIunity
Plan goal of the traditional urban arrangement having the house at the streetscape and detached
garage 1 ADU at the rear of the property.
se,~t By: consortium;
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970 925 6797;
Jul-15-02 2:42PM;
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>KA2.
We are changing the use of the property from a duplex to a single family. This results in a
smaller building envelope as well as a smaller building. The allowable FAR for a single tamily
residence is 364 s.f of FAR less than that allowed for a duplex _ ref. exhibit F. Due to all of
the easements, minimum frontage to Smuggler Grove Road, and Tilte 26 code regulations _
ref. exhibit C - my client has an unusable building envclope. Sillet: we have so little frontage
on Smuggler Grove, and the house is surrounded by private drives and other building lots, the
typical front and rear yard as described within the code would not necessarily apply here. The
proposed front yard setback respects the intent of the code in thot it gives the Ilt:ighborhood a
generous "front yard" along Smuggler Grove thaI is larger than the rear yard, setting back the
house from the strcet and respecting the scale and community feeling of the neighborhood.
The rear and side yard setbacks are Similarly sized with respect to the code while maintaining
enough building area for the residence and a functioning garage with an ADU above..
A3.
The literal interpretation and enforcement of the code would deprive my client the rights
commonly enjoyed by other parcels in the same zone district, and would cause unnecessary
hardship and practical difficulty. This point is illustrated best with exhibit C,
a. The large land area that is taken up by easements is problematic, This problem combined
with the liu:ral interpretation of the code, limited frontage on Smuggler Grove, and unique lot
size contiguration aggravates this problem further, leaving a property that would not
accommodate any site improvements nor any functional use of the property - ret: exhibit C.
b. Other homes in the arl:u currently enjoy front, rear, and side yard setbacks that are nol
unlike the dimensional variances that we are requesting -ref. exhibit L. In fact, thc granting of
this variance will allow this property to come into compliance in that it pruposcs to remove the
existing building and decking which is built over the sewer easement.
B 1. Notice by mailing and posting of the proposed variance has been provided to the surrounding
property owners in accordance with Section 26.304.060(E)
B2. Granting of this variance is the only reasonable method by which to afford my client relief from
the current code requirements resulting in non-functional lot - ref. exhibit C. Other properties
in the neighborhood may not have the limitations that we face. Venial of this application
would cause my client unnecessary hardship and practical difficulty - ref. exhibit C in that no
site improvements for a practical functioning residence or garage could be built.
B3. does not apply
B4, does not apply
85. does not apply
List of Exhibits:
A - Site Improvement Survey from Alpine Surveys
B - Site Plan - proposed
C - Site Plan - allowed
V -. Building elevations for residence numbered 1 - 4
F. - Garage / ADU elevations numbered 5 - 8
F - FAR calculation sheet
Sent By: consortium;
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970 925 6797;
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Page 5/5
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H - Board or Adjustment Application Packet
r - 73 Smuggler Grove application proposal
J -- Letter from Holy Cross regarding power line burial
K -- Letter from the Sanitation District regarding roof overhangs
L - Pictures from the Smuggler Grove Road neighborhood
Sil!oature of Owner:
Mike Seguin, owner
Date:
Sent By: consortiUffij
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THE CITY OF ASPEN
BOARD OF ADJUSTMENT
APPLICATION PACKET
DATE
,III
2002
CASE#
APPLICANT~ ( c.Ct...lSO!2-l1U}.I\ PHONE ~Z-5 - ~7ql
~ct?
MAILINGADDRESS-E08. 3~?'2: ok-PEN (en ?l{1o J '2-
OWNER Ml'?t SE601t-.) PHONE <OIB - ~ ~t"
MAILING ADDRESS c; 05 E l D E ~N
LOCATION OF PROPERTY I~ S~UG("LE.~ G'~IJE, LoT ~
(Street, Block Number and Lot Number) 1::.,0.. S-r- }I\~OW
WILL YOU BE REPRESENTED BY COUNCIL? Yes_ Neb..
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.
(~tF\- 1>:S S~UG&~ GIW\JE.. A-WLtCA-T(~N ~/UlPo\M.}
A,,11=<', "go'''''' i{IJ' ) y
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
Sent By: consortium;
f'"'
'-'
970 925 6797;
J ul.1"",02 11: 39AM;
Page 2/3
..."'*
ABpen Consolidated Sanitation District
Sy Kelly. Chaimlilll
Paul Sinith . Trons
Mid",.1 K~lly . Seey
Juhn K~j~her
Fran.k Loushin
Bruce Mf<th.rly, Mgr
. Rally Dupps
Consortium Architect,
P.O. 80)(3662
Aspen CO 81612
July II, 2002
RE: 0073 Smuggler Grove-Sanitary Sewer Service
Dear Nick,
The Aspen Consolidated Sanitation District currently has sufficient collection and
treatment capacity to serve this project. Service is contingent upon compliance with the
District's Rules, Regulatiun:; .lmd Specifications, which are on file at the District office.
A tap permit must be completed at our office when detailed plans become availablp..
Fees will be estimated at that time. The total connection charges due the District must
be paid prior to the issuance uf Ii building permit. These fees will include proportional
downstream constraint charges.
The applicant is encouraged to contact our office for information concerning main
sanitary ~er line locations. and the location of the subsequent connection to the public
system.
The installation of the drivewa,y shall conform to the District's specifications. Adequate
cover of the main sewer line must be maintained. Manholes must be adjusted to grade
according to ACSD specifications. Access to the sanitary sewer Une and manholes shall
be mwntained at all times. .
The request by the applicant for a one fo.ot six inch encroachment by the second story
roof overhang has been reviewed and approved by the District. A revocable
encroachment license will be required for any and all building encroachments into the
sanitary seWl'r easements. Since the site plan as shown is approximate, the District
assumes that the relationship of the buildings and sewer easement is relative as well.
Therefore, the Distrlct's approval, for this minor encroachment is dependent upon an
accurate site plan showing all existing and proposed improvements. The accurate site
plan shall bl' individually rE!viewed by the District before is,<;:uance of a building pennit
This application may require the applicant funding, at their sole expense, a Uner
;;U~/f.' ~a<=tly.-"O ili. p,"-
Thomas R. Bracbwell ,!(/
Collection Syst.ems Superintendent
565 N, Mill Sl~,Aspen, CO 81611/ (t)7U)()25-36U1 / FAX (91'U) 925.:).5::31'
Sent By: consortium;
t~'~~
'"g~
" 0
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970 925 6797;
Jul-~~02 11 :39AM;
Page 3/3
......"
)/99 HIGHWAY e2' r.o. DRAWER 2150
GLENWOOD SPRINGS, Co.Lo.RADo. 81602
(9701 94S-S491 . FAX (970) 945-4081
july 10, 2002
Mr. Rally Dupps
p, 0, Box 3662
Aspen, CO 81612
Re: Lot S, Smuggler Grove
[)~a! ~IIX: '. .
The above mentioned development is within the certified service area of Holy Cross Energy.
Holy Cross Energy has eXisting power facilities located on the above mentioned project. These
existing facilities have adequate capacity to provide electric power to the development, subject
to the tariffs, rules and regulations on file, Any power line enlargements, relocations, and new
extensions necessary to deliver adequate power to and within the development will be
undertaken by Holy Cross Energy upon completion of appropriate contractual agreementS,
Please advise when you wish to proceed with the development of the electric system for this
project.
Sincerely,
HOLY
---
ENERGY
,~
'-
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Buzz Quaco,
Staking Engineer
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41 R"v", n".ian Inc. . 410 North Mill Street . B-l1 . Aspen, Colorado 81611 . 970-925.8339' . Fax 970-925-8392
('" -"""
- -
Aspen Consolidated Sanitation):;>istrict
'j ~,__c
Sy Kelly * Chairman
Paul Smith * Treas
Michael Kelly * Seey
j.<....-J J '-', l...'" "'_
John Keleher
Frank Loushin
Bruce Matherly, Mgr
~ ~~ -,. '.,,:\
"'''''.a~: ';~;"'T:'~j '~;':"I'=I':,,~qE~F
;.,'-IN:,'\'\):-,'' -'-- '-'-" . ,
Rally Dupps
Consortium Architects
P.O. Box 3662
Aspen CO 81612
August 14,2002
RE: 0073 Smuggler Grove-Sanitary Sewer Service
Dear Rally,
The Aspen Consolidated Sanitation District currently has sufficient collection and treatment
capacity to serve this project. Service is contingent upon compliance with the District's Rules,
Regulations and Specifications, which are on me at the District office.
A tap permit must be completed at our office when detailed plans become available. Fees will be
estimated at that time. The total connection charges due the District must be paid prior to the
issuance of a building permit. These fees will include proportional downstream constraint
charges.
The applicant is encouraged to contact our office for information concerning main sanitary sewer
line locations and the location of the subsequent connection to the public system.
The installation of the driveway shall conform to the District's specifications. Adequate cover of
the main sewer line must be maintained. Manholes must be a<ljusted to grade according to
ACSD specifications. Access to the sanitary sewer line and manholes shall be maintained at all
times. As shown on the site plan, only a non-improved, gravel driveway access can be
constructed over the main sanitary sewer line.
There are three solutions that I see to address the issue of the main sanitary sewer line that
. bisects the property. One, would be to relocate the sewer line to the north of the property and
west down Mascotte Lane to Midland Ave. Two, the sewer line could be re-located to the south
between the existing structure and the property to the south. Both of these solutions may be
the best long term solution, but would be a major impact to the neighborhood in the short term.
The third solution would be to leave the line in place, but require the owner to fund, at their sole
expense, a cured in place liner in the main sanitary sewer that currently exists on the property. .
The request by the applicant for a one foot six inch encroachment by the second story roof
overhang has been reviewed and approved by the District. A revocable encroachment license will
be required for this building encroachment into the sanitary sewer easement as shown on the
site plan. Since the site plan as shown is approximate, the District assumes that the
relationship of the buildings and sewer easement is relative as well. Therefore, the District's
approval, for this minor encroachment is dependent upon an accurate site plan showing all
existing and proposed improvements. Improvements will NOT be allowed in the sanitary sewer
easement including but not limite to hard or soft landscaping, fencing and decks as well as
hard pavement of any kind in th driveway,
-7tL c
Thomas R. Bracewell
Collection Systems Superintendent
CC Sara Oates
565 N. Mill St.,Aspen, CO 81611/ (970)925-3601 / FAX (970) 925-2537
73 Smuggler Grove
Board of Adjustment Proposal- Revisions & Alterations
To:
The City Of Aspen
CC: Mike Seguin, Sarah
Oates
Date:
September 5, 2002
Subject: 73 Smuggler Grove, Lot 5
From: Rally Dupps of
Consortium Architects
(Representative)
Applicant's Information:
Mike Seguin
503 Dean St.
Aspen, Colorado 81611
ph: 970-618-6546
Representative's Information:
Rally Dupps, AlA of Consortium Architects
POB 3662
Aspen, Colorado 81612
ph: 970-925-6797 fax: 970-925-6797
Project Description:
73 Smuggler Grove Road is an existing legal non-conforming duplex on a lot that is zoned in the city
of Aspen as R-15A. The lot size is 6211 s.f and has 3299 s.f of allowable F.A.R for a single family
residence and 3663 s.f for a duplex. The lot has three easements that run across the property,
overhanging power lines, and has an irregular non - rectangular shape. In addition to this, the lot is
located at the dead end of Smuggler Grove, with neighboring lots that nearly completely surround
the subject property. There is only a few feet of actual frontage onto Smuggler Grove from this lot.
A 16'-0" wide sewer easement running at a diagonal effectively cuts this property in half. There is
also a 5'-0" general utility easement which runs along the east side of the property and another 10'-
0" general utility easement that runs along the north end of the property.
Revisions 1 Alterations
At the August 15,2002 BOA meeting, several concerns were raised regarding the proposal and the
application was continued until September 5,2002. Many of the issues (such as the sewer easement)
raised in the staff report dated August 15, 2002 were resolved at the first BOA hearing and are not
revisited here. However, a few new issues and concerns were brought up at the hearing, and they are
addressed here. For this new BOA hearing, we have made the following changes and alterations to
the project:
I. The east side yard setback variance has been eliminated. Our proposal now follows the
guidelines which require 10' -0"
2. The architecture of the buildings has been revised to respond better with the neighboring
buildings.
3. The detached garage was moved I '-0" over to the west to total 6'-0" from Ardmore Drive.
Please note that the previous proposal was already in compliance with the 5'-0" rear yard
setback
1".....
-'"-",,,
....""'"
'-"
4. The size of the proposal is reduced from our previous submittal. We have reduced the FAR
by 292 s.f. This amount is also what we are requesting below the allowed FAR.
5, The main level is reduced in size by 132 s.f and the upper level is reduced in size by 252 s.f,
6, The upper level mass is reduced to eliminate the monolithic appearance of the East elevation
facing Ardmore Drive. We accomplished this by adding decks, breaking up roof forms, and
staggering eastern facing walls, and adding more single story elements.
7. The lower level of the detached garage was slightly expanded for my client to store
recreational vehicles in addition to cars which will be parked inside, and NOT on the street.
8. We removed the staggered south wall
Our revised BOA application seeks to be more consistent with the standard of granting the minimum
variance that will make possible the reasonable use of the parcel. In this spirit, we have made other
changes regarding size and setback variances, We have moved the garage PAST the allowed
variance for the accessory building of 5' -0" along Ardmore Drive. Our application continues to not
seek any variance here. Furthermore, we have reduced the FAR of our application by 292 s.f. We
are no longer seeking the maximum FAR allowed. The proposed principal building is now much
smaller than our previous submittal, having been reduced in size 424 s.f. The largest sticking point
from the August 15 hearing seemed to be the east side yard setback. Our proposal has eliminated the
need for this variance. This will allow for more room to relocate overhead power lines and eliminate
the need for additional retaining walls along Ardmore Drive. The remaining variances that we are
requesting are:
1. 10' -0" front yard setback for accessory building
2. 10' -0" front yard setback for principal building
3, 5' -0" side yard for principal building
In summary, our application is seeking far less in general than that of our previous application. We
believe that we have answered and responded to nearly all of the comments made at our August 15
BOA hearing by both the board and the general public. The building is smaller, our setbacks are
greater, the number of variances required is reduced, and our buildings will fit in better with other
buildings in the neighborhood. Since we believe that we have addressed your previous concerns, we
ask that your grant this very reasonable and reduced application.
List of Exhibits:
A - Site Improvement Survey from Alpine Surveys (already submitted)
B - Site Plan - proposed dated 09-05-02
C - Site Plan - allowed dated 09-05-02
D - Building elevations for residence numbered I - 4 dated 09-05-02
E - Garage 1 ADU elevations numbered 5 - 8 dated 09-05-02
7 _ FAR calculation sheet dated 09-05-02
_ Board of Adjustment Application Packet (already submitted)
73 Smuggler Grove application proposal of revisions 1 alterations dated 09-05-02
.etter from Holy Cross regarding power line burial (already submitted)
etter from the Sanitation District regarding roof overhangs (already submitted)
'tures from the Smuggler Grove Road neighborhood (already submitted)
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County of Pitkin }
}
State of Colorado }
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATIONS
SECTION 26,304.060(E)
SS,
I, ~M--t....'"f
'\)up??
, being or representing an
Applicant to the City of Aspen, personally certifY that I have complied with the public notice
requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following
manner:
1. By mailing of notice, a copy of which is attached hereto, by fIrst-class postage prepaid U.S.
Mail to all owners of property within three hundred (300) feet of the subject property, as indicated
on the attached list, on the tt day of -::ru L'( ,200~ (which is~+ days prior to the public
hearing date of Au Ct1 l S I ~l.),
2. By posting a sign in a conspicuous place on the subject property (as it could be seen from
the nearest public way) and that the said sign was posted and visible continuously from the '2'l. day
of j'\) L- "'i , 200 1. , to the l5 day of AU (;.V<;T , 200'2.. . (Must be posted for at least
- - -
ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto.
Signature
(Attach photograph here)
es: . 4/1 t/;).()o;;}-
..
.
.
-, (~ 'l- /01-
o
Aspen Consolidated
o
Sanitation District
Sy Kelly * Chairman
Paul Smith * Treas
Michael Kelly * Secy
John Keleher
Frank Loushin
Bruce Matherly, Mgr
Rally Dupps
Consortium Architects
P.O. Box 3662
Aspen CO 81612
August 14,2002
RE: 0073 Smuggler Grove-Sanitary Sewer Service
Dear Rally,
The Aspen Consolidated Sanitation District currently has sufficient collection and treatment
capacity to serve this project. Service is contingent upon compliance with the District's Rules,
Regulations and Specifications, which are on me at the District office.
A tap permit must be completed at our office when detailed plans become available. Fees will be
estimated at that time. The total connection charges due the District must be paid prior to the
issuance of a building permit. These fees will include proportional downstream constraint
charges.
The applicant is encouraged to contact our office for information conceming main sanitary sewer
line locations and the location of the subsequent connection to the public system.
The installation of the driveway shall conform to the District's specifications. Adequate cover of
the main sewer line must be maintained. Manholes must be adjusted to grade according to
ACSD specifications. Access to the sanitary sewer line and manholes shall be maintained at all
times. As shown on the site plan, only a non-improved, gravel driveway access can be
constructed over the main sanitary sewer line.
There are three solutions that I see to address the issue of the main sanitary sewer line that
bisects the property. One, would be to relocate the sewer line to the north of the property and
west down Mascotte Lane to Midland Ave. Two, the sewer line could be re-Iocated to the south
between the existing structure and the property to the south. Both of these solutions may be
the best long term solution, but would be a m~or impact to the neighborhood in the short term.
The third solution would be to leave the line in place, but require the owner to fund, at their sole
expense, a cured in place liner in the main sanitary sewer that currently exists on the property.
The request by the applicant for a one foot six inch encroachment by the second story roof
overhang has b<ien reviewed and approved by the District. A revocable encroachment license will
be required for this building encroachment into the sanitary sewer easement as shown on the
site plan. Since the site plan as shown is approximate, the District assumes that the
relationship of the buildings and sewer easement is relative as well. Therefore, the District's
approval, for this minor encroachment is dependent upon an accurate site plan showing all
existing and proposed improvements. Improvements will NOT be allowed in the sanitary sewer
easement including but not limited to hard or soft landscaping, fencing and decks as well as
;::;to'ffiili'-
ThILMatw/f'
Collection Systems Superinte dent
CC Sara Oates
565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537
-.
73 Smuggler Grove
Board of Adjustment Proposal- Rebuttal to Staff Report
To:
'1'i1\; City Of Aspen
ce.
j\11ke Segui,;, Sarah
Oates
Date:
August 15,2002
Subject:
73 Smuggler Grove, Lot 5 - Rebuttal to Staff Report
From:
Rally Dupps of
Consortium Architects
(Representati ve)
Applicant's Information:
Mike Seguin
503 Dean St.
Aspen, Colorado 81611
ph: 970-618-6546
Representative's Information:
Rally Dupps, AlA
Consortium Architects
POB 3662
Aspen, Colorado 81612
ph: 970-925-6797
fax: 970-925-6797
Review Criteria:
The following are responses to the staff report by Sarah Oates dated 8/15/02:
The city has met regarding our proposal and is recommending denial for the project at 73 Smuggler
Grove for Thursday's BOA meeting. In the staffreport prepared by Sarah Oates, staff finds standard
I is met, whereas standards 2 and 3 are not. The intent of this rebuttal is to respond to the city's
concerns regarding standards 2 and 3.
Standard 2:
a. The duplex that exists now is currently non - conforming. It is built over the sewer easement.
The north side deck covers it completely - ref exhibit A. Our proposal is to bring the future
home into compliance with the sewer easement. removing any portion of building footprint
that encroached into this easement. It conforms to existing easements and puts the property
into proper zoning.
b. The R-15A zone district is not intended for high density use. The existing property is a legall:
non-conforming duplex. Our proposal for a single family residence brings the property into
compliance with its intended moderate density use. To further reduce density, we are
requesting FAR that is 364 s.f less than that is allowed for a duplex.
c. Parking at the end of Smuggler Grove is already tetTibly congested. There is only a small
frontage of the property on Smuggler Grove and the existing duplex plus the neighboring
duplex on lot 4 causes extreme parking gridlock. To make matters worse, there is no turn
around space at the end of the road. Large trucks parked at the end of the street create a bottle
neck situation that is hazardous - ref exhibit L Pulling out of the parking spaces at the end of
,
the street, forces the driver into backing up most of the entire length of Smuggler Grove. This
dangerous situation is further aggravated during winter, when snow piles up on the sides of the
street and reduces parking and access to the end of Smuggler Grove to a minimum. The
project proposes a garage which will take parking off of the street and put it safely on site and
away f"'Jm view. Off - street parking will provide mOle area for parking for the residents at 73
Smuggler Grove and reduce the current neighborhood parking congestion problem.
d. Staffs report claims that there already exists reasonable use of the parcel. We would disagree.
The allowable building envelope is only 794 s.f. for the south portion and 237 s.f. for the north
of a 6211 s.f lot. - ref. exhibit B & C. This combined allows for only 16.6% of site coverage.
Our proposal requests a reasonable 29.6% of minimal site coverage.
e. The duplex as it exists is also built over the front yard setback and the south side yard setback.
Our proposal requests modest variances that will allow for a functional single family home.
Standard 3:
a. The staff report mentions that the sewer easement could be removed per a conversation with
Tom Bracewell of the Sanitation District. The client and I discussed options for moving or
removing the sewer line easement with Tom on Tuesday, August 13. He provided us with two
options, but each with impossible solutions. Option I: Move the sewer line to the north of the
property. The private roads of Mascotte and Ardmore would have to be raised some 5 or more
feet in height to allow for proper drainage and run for the sewer line. The neighboring
property owners would never allow this due to issues and concerns of noise, view planes, run
off, snow removal, and altering existing driveway configurations. In addition to this, access
via this main artery into this private neighborhood would be greatly compromised during
construction. Option 2: Move the sewer line down along the South Side of the property. This
option causes the same problem of the street needing to be raised, as well as conflicts arising
from neighboring utility easements that are off the property. Tom Bracewell has reviewed our
proposed site plan and finds that leaving the line in place is one of a few acceptable solutions.
b. The excessively wide front yard setback limits my client's ability to develop the property and
thus have use of his property in the same way that other properties in the neighborhood enjoy-
ref. exhibit L. Most properties in the neighborhood have close proximity to Smuggler Grove
with parking just out in front of the entrance to the home. However, my client's property does
not front Smuggler Grove in the sanle way as the others. Being located at the end of a dead
end street, this property is handicapped by being as wide as the neighboring lot but with only
minimal frontage onto Smuggler Grove, which serves the only access to a road. Since it is
surrounded on all sides by private roads and private property, city setback requirements cause
umeasonable and unintended results when applied this property. The front yard setback makes
most of the west portion of the property impossible to develop, leaving only a long, narrow
strip of land on which to build - ref. exhibit B & c. This problem is not remedied by the
removal of the sewer easement. The long, narrow strip which serves as a building envelope
remains even if the easement is removed (which has already been shown to be a practical
impossibility).
c. Many houses in the neighborhood either have off - street parking or the option for it - ref
exhibit L. With the limited area resulting from the literal interpretation of the city's setbacks _
ref. exhibit B & C - this property is forced to continue parking on the street. This resulting
building envelope would not allow room for a garage. Our proposal seeks to have the same
opportunity for off - street parking as other properties in the area have.
r""
~.
",: .
List of Exhibits:
A - Site Improvement Survey from Alpine Surveys
B - Site Plan - proposed
C - Site Plan - allowed
D - Building elevations for residence numbered I - 4
E - Garage I ADD elevations numbered 5 - 8
F - FAR calculation sheet
G - n/a
H - Board of Adjustment Application Packet
1- 73 Smuggler Grove application proposal
J - Letter from Holy Cross regarding power line burial
K - Letter from the Sanitation District regarding roof overhangs
L - Pictures from the Smuggler Grove Road neighborhood
,
''c.'"
BANNEROT KARIN SOFIA
43A SMUGGLER GROVE RD
ASPEN, CO 81611
BRAINARD LOUISE
95 FOREST RD
VAIL, CO 81657-5074
BUCKLEY BETTY J
326 MIDLAND AVE #303
ASPEN, CO 81611
CANTRELL WESLEY R
104 KATHRYNS WAY
ASPEN, CO 81611-2405
CONANT FAMILY LIMITED PARTNERSHIP
9301 INGLEWOOD CT
POTOMAC, MD 20854
DETWEILER DIRK
PO BOX 812
ASPEN, CO 81612
FERLlSI MARY SANDRA
326 MIDLAND AVE #307
ASPEN, CO 81611
FUENTES DAVID & KATHARINE D
302 MIDLAND PARK PL
ASPEN, CO 81611
GOODMAN DREW I
9538 E HIDDEN HILL LN
LITTLETON, CO 80124
GUGLIELMO KNANSEE L
514 KATHRYNS WY
ASPEN, CO 81611
r'"
BEIDLEMAN NEAL J & AMY G
PO BOX 4362
ASPEN, CO 81612
BROWN DONALD
412 KATHRYNS WAY
ASPEN, CO 81611-2405
BUREAU OF LAND MGMT
US DEPT OF INTERIOR COLO OFFICE
2850 YOUNGFIELD ST
LAKEWOOD, CO 80215-7076
CHAUNER RONALD M & JACKIE L
SHEFFER
PO BOX 8782
ASPEN. CO 81612
CUNNINGHAM PAMELA M
502 MIDLAND PK PL
ASPEN, CO 81611
DOYLE JOHN F & LAURIE FRAMPTON
PO BOX 12236
ASPEN, CO 81612
FLUG MARTIN
CIO GULFCO
616 E HYMAN AVE
ASPEN, CO 81611
GLICK DANIEL
PO BOX 9910
ASPEN, CO 81612
GORBITZ HEIDI
GORBITZ PATRIC
PO BOX 647
ASPEN, CO 81612
GULL EVAN H REVOCABLE TRUST 50%
25 ARDMORE CT
ASPEN, CO 81611
BOLERJACK LISA
PO BOX 811
ASPEN, CO 81612
BROWN RUTH H
410 N MILL ST#B11
ASPEN, CO 81611
CALK LAURA E
WILLCOX DENNIS AS JOINT TENANTS
722 MIDLAND PARK PL
ASPEN, CO 81611-2472
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
DE ELGUEA ALEJANDRO ORTIZ
PO BOX 9871
ASPEN, CO 81612
ERNST TERSIA V
206 KATHRYNS WAY
ASPEN, CO 81611-2405
FORNELL PETER J
402 MIDLAND PARK PL
ASPEN, CO 81611
GODWIN DIANA L WI ETTLINGER
PO BOX 10936
ASPEN, CO 81612
GRIFFITHS THOMAS W
504 MIDLANO PARK PL
ASPEN, CO 81611
HACH STEPHEN C
AMES MARTHA E
23 SMUGGLER GROVE RD
ASPEN, CO 81611
HALPERIN ALEXANDRA
PO BOX 2210
ASPEN, CO 81612
HIGGINS PAUL
303 MIDLAND PARK PL #C-3
ASPEN, CO 81611
JOHNSON SHAEL UND 80% INT
PO BOX 3549
ASPEN, CO 81612
KANG NOBUKO SINJA
336 MIDLAND AVE #6
ASPEN, CO 81611
LAFOUNTAINE ANTOINETTE
410 KATHRYNS WAY #D1
ASPEN, CO 81611
LEVENTHAL ROBERT B
515 KATHRYNS WAY
ASPEN, CO 81611-2405
MCDONALD FRANCIS B
PO BOX 4671
ASPEN, CO 81612
MCPHEE JAMES MICHAEL
401 MIDLAND PARK PL
ASPEN, CO 81611
NEW STEPHEN E & KORI A
821 MIDLAND PARK PL
ASPEN, CO 81611
OLDFIELD BARNEY F
326 MIDLAND AVE #306
~PEN> G.o.8.H311
"."
-.
HARRIS GEORGE WALTER III
PO BOX 11005
ASPEN, CO 81612
HYDER GENE MICHAEL
320 MIDLAND AVE
ASPEN, CO 81611
JOHNSON WILLIAM E
PO BOX 1285
ASPEN, CO 81612
KOCH KATHRYN S & JOHN F
304 MIDLAND PARK PL C-4
ASPEN, CO 81611
LAUGHREN DAVID & DANA
PO BOX 1265
ASPEN, CO 81612
LOW RICHARD B
OSBERGER MADELEINE
PO BOX 8744
ASPEN, CO 81612
MCDONNELL NANCY
50 RIVERSIDE DR #6B
NEW YORK, NY 10024
MCPHERSON GREGORY J
PO BOX 2073
ASPEN, CO 81612
NEWELL GEORGE S
PO BOX 2179
BOULDER, CO 80306
PATTEN DAVID N
810 MIDLAND PARK PL
ASPEN, CO 81611
----..-..-- ---........---
REDMOND JOHN B & LYNN G
.......,
.
HECK JAMES C
PO BOX 8416
ASPEN, CO 81612
IBARA RON
PO BOX 9757
ASPEN, CO 81612-9757
KALTENBOCK ERNST
1612 WOODBINE HEIGHTS BLVD
TORONTO ONTARIO CANADA, M4B
3A4
KOLBERG JUDITH A
501 MIDLAND PARK PL
ASPEN, CO 81611
LEBBY NICHOLAS J & SARAH
PO BOX 1352
ASPEN, CO 81612
MAC CRACKEN SCOTT R & MARISA
POST
PO BOX 10821
ASPEN, CO 81612
MCGAVOCK MARGARET
ALBERT ELIZABETH A
PO BOX 533
ASPEN, CO 81612
MOHWINKEL CLIFF
2363 PEACHTREE LN
SAN JOSE, CA 95128
OLDFIELD BARNEY
326 MIDLAND AVE #206
ASPEN, CO 81611
PHILLIPS ARTHUR R AND GRANO
HELEN B
PO BOX 8245
^cnt:1>.l ..c""'O".....9..1.f>..12.
RI(;Nf'Y JOHN & ANNA
tended Page 2.1
POLlCARO DOMINIC F & AMY S 50%
PO SOX 11704
ASPEN, CO 81612
RITTER JEANNE MARIE
811 MIDLAND PARK PL
ASPEN, CO 81611
SCARLETT ROBIN
413 KATHRYNS WAY
ASPEN, CO 81611-2405
STEIN DEBORAH
710 MIDLAND PARK PL
ASPEN, CO 81611
THIEMER FRED EDWARD
326 MIDLAND AVE #302
ASPEN, CO 81611
WELDEN TODD E & DEBORAH C
503 MIDLAND PARK PL #E3
ASPEN, CO 81611
BLM
PO BOX 1009
GLENWOOD, CO 81602
-
,.~EDMOND JOHN B & LYNN G
207 KATHRYNS WAY
#B-3
ASPEN, CO 81611
ROSELLE VERONICA L
28 SMUGGLER GROVE
ASPEN, CO 81611
SEGUIN MIKE A
PO BOX 1914
ASPEN, CO 81612
SULLIVAN ANNE T & COLSON JOHN 0
ASPEN TIMES CIO
PO BOX E
ASPEN, CO 81612
WALKER JOHN S
PO BOX 11538
ASPEN, CO 81612
WELLS JOSEPH EDWARD
602 MIDLAND PARK PL F-2
ASPEN, CO 81611
~.)IGNEY JOHN & ANNA
102 KATHRYNS WAY
ASPEN, CO 81611-2405
ROSEN JANE
PO BOX 9853
ASPEN, CO 81612
SMITH JACK L1SMITH DIANE M
434 COTTONWOOD DR
EVERGREEN, CO 80439
SWIFT LARRY
PO BOX 2711
ASPEN, CO 81612
WEBSTER DAVID H
PO BOX 10362
ASPEN, CO 81612
ZUCCO JESSE J
337 MIDLAND AVE
ASPEN, CO 81611
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s tr'~4ti,or-J;>istrict
Sy Kelly * Chairman
Paul Smith * Treas
Michael Kelly * Secy
AU::; 1 f; i.. John Keleher
ii)(C,' ,~, ",,1\ Frank Loushin
COMMUI~!TY DI:VW1PMENT Bruce Matherly, Mgr
Rally Dupps
Consortium Architects
P.O. Box 3662
Aspen CO 81612
August 14,2002
RE: 0073 Smuggler Grove-Sanitary Sewer Service
Dear Rally,
The Aspen Consolidated Sanitation District currently has sufficient collection and treatment
capacity to serve this project. Service is contingent upon compliance with the District's Rules,
Regulations and Specifications, which are on me at the District office.
A tap permit must be completed at our office when detailed plans become available. Fees will be
estimated at that time. The total connection charges due the District must be paid prior to the
issuance of a building permit. These fees will include proportional downstream constraint
charges.
The applicant is encouraged to contact our office for information concerning main sanitary sewer
line locations and the location of the subsequent connection to the public system.
The installation of the driveway shall conform to the District's specifications. Adequate cover of
the main sewer line must be maintained. Manholes must be adjusted to grade according to
ACSD specifications. Access to the sanitary sewer line and manholes shall be maintained at all
times. As shown on the site plan, only a non-improved, gravel driveway access can be
constructed over the main sanitary sewer line.
There are three solutions that I see to address the issue of the main sanitary sewer line that
.bisects the property. One, would be to relocate the sewer line to the north of the property and
west down Mascotte Lane to Midland Ave. Two, the sewer line could be re-located to the south
between the existing structure and the property to the south. Both of these solutions may be
the best long term solution, but would be a m~or impact to the neighborhood in the short term.
The third solution would be to leave the line in place, but require the owner to fund, at their sole
expense, a cured in place liner in the main sanitary sewer that currently exists on the property.
The request by the applicant for a one foot six inch encroachment by the second story roof
overhang has been reviewed and approved by the District. A revocable encroachment license will
be required for this building encroachment into the sanitary sewer easement as shown on the
site plan. Since the site plan as shown is approximate, the District assumes that the
relationship of the buildings and sewer easement is relative as well. Therefore, the District's
approval, for this minor encroachment is dependent upon an accurate site plan showing all
existing and proposed improvements. Improvements wiIll'lOT be allowed in the sanitary sewer
easement including but not limite to hard or soft landscaping, fencing and decks as well as
hard pavement of any kind in th driveway.
-7t;f~
Thomas R. Bracewell
Collection Systems Superintendent
CC Sara Oates
565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537
'--
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>s, the driver into backing up most of the entire length of Smuggle G Th'
. . furth .' r rove. IS
.Ion IS . er aggravated dunng wmter, when snow piles up on the sides of the
:es parking and access to the end of Smuggler Grove to a minimum. The
a garage which wi\1 take parking off of the street and put it safely on site and
Off _ street parkin;:, w,JI provide mOle "rea for pdfking for the resiJents at 73
and reduce the current neighborhood parking congestion problem.
ims that there already exists reasonable use of the parcel. We would disagree.
lilding envelope is only 794 d. for the south portion and 237 sJ. for the ~orth
_ ref. exhibit B & C. This combined aJlows for only 16.6% of site coverage.
uests a reasonable 29.6% of minimal site coverage.
~xists is also built over the front yard setback and the south side yard setback.
lests modest variances that will aJlow for a functional single family home.
wntions that the sewer easement could be removed per a conversation with
f the Sanitation District. The client and I discussed options for moving or
~r line easement with Tom on Tuesday, August 13. He provided us with tWO
Nith impossible solutions. Option 1: Move the sewer line to the north of the
'ate roads of Mascotte and Ardmore would have to be raised some 5 or more
l110w for proper drainage and run for the sewer line. The neighboring
auld riever aJlow this due to issues and concerns of noise, view planes. run
and altering existing driveway configurations. In addition to this, accesS
'y into this private neighborhood would be greatly compromised during
III 2: Move the sewer line down along the South Side of the property. This
une problem of the street needing to be raised, as well as conflicts arising
ility easements that are off the property. Tom BraceweJl has reviewed our
1d finds that leaving the line in place is one of a few acceptable solutions.
e front yard setback limits my client's ability to develop the property and
property in the same way that other properties in the neighborhood en.ioy-
properties in the neighborhood have close proximity to Smuggler Grove
in front of the entrance to the home. However, my client's property does
,rove in the same way as the others. Being located at the end of a dead
rty is handicapped by being as wide as the neighboring lot but with only
o Smuggler Grove, which serves the only accesS to a road. Since it is
~s by private roads and private property. city setback requirements cause
Itended results when applied this property. The front yard setback makes
ion of the property impossible to develop. leaving only a long. narrow
1 to build _ ref. exhibit B & C. This problem is not remedied by the
easement. The long, narrow strip which serves as a building envelope
lsement is removed (which has already been shown to be a practical
~ighborhood either have off _ street parking or the option for it - ref
lited area resulting from the literal interpretation of the city's setbacks-
1is property is fo~ced to continue parking on the street. This resulting
\d not aJlow room for a garage. Our proposal seeks to have the same
:et parking as other propertieS in the area have.
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73 Smuggler Grove
Board of Adjustment proposal- Rebuttal to Staff Report
;^
The Cit:: '.' fA-pen
IvEl;.e Segu;~J ~:lrail
Oates
Date:
August 15,2002
Subject: 73 S1""sgler Grove, Lot 5 - Rebuttal to Staff Report
From: Rally Dupps of
Consortium Architects
(Representative)
Applicant's Information:
Mike Seguin
503 Dean St.
Aspen, Colorado 81611
ph: 970-618-6546
Repre.;entative's Information:
Rally Jupps, AlA
Cons, ,rtium Architects
POB 3662
Aspen. Colorado 81612
ph: 970-925-6797
fax: 970-925-6797
Review Criteria:
The following are responses to the staff report by Sarah Oates dated 8115/02:
The city has met regarding our proposal and is recommending denial for the project at 73 Smuggler
Grove for Thursday's BOA meeting. In the staff report prepared by Sarah Oates, staff finds standard
1 is met. whereas standards 2 and 3 are not. The intent of this rebuttal is to respond to the city's
concerns regarding standards 2 and 3.
Standard 2:
a. The duplex that exists now is currently non - conforming. It is built over the sewer easement.
The north side deck covers it completely - ref exhibit A. Our proposal is to bring the future
home into compliance with the sewer easement, removing any portion of building footprint
that encroached into this easement. It conforn1s to existing easements and puts the property
into proper zoning.
b. The R- I SA zone district is not intended for high density use. The existing property is a legally
non-confom1ing duplex. Our proposal for a single family residence brings the property into
compliance with its intended moderate density use. To further reduce density, we are
requesting FAR that is 364 s.fless than that is allowed for a duplex.
c. Parking at the end of Smuggler Grove is already terribly congested. There is only a small
frontage of the property on Smuggler Grove and the existing duplex plus the neighboring
duplex on lot 4 causes extreme parking gridlock, To make matters worse, there is no turn
around space at the end of the road. Large trucks parked at the end of the street create a bottle
neck situation that is hazardous - ref exhibit L. Pulling out of the parking spaces at the end of
.
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,
the street, forces the driver into backing up most of the entire length of Smuggler Grove. This
dangerous situation is further aggravated during winter, when snow piles up on the sides of the
street and reduces parking and access to the end of Smuggler Grove to a minimum. The
project proposes a garage which will take parking oIT of the street and put it safely on site and
aW"j f'om view. Off - street parking will p:'ovide mOle cirea for PdIking for the resiJents at 73
Smuggler Grove and reduce the current neighborhood parking congestion problem.
d. Staffs report claims that there already exists reasonable use.ofthe parcel. We would disagree.
The allowable building envelope is only 794 s.f for the south portion and 237 s.f for the north
ofa 6211 s.f lot. - ref exhibit B & c. This combined allows for only 16.6% of site coverage.
Our proposal requests a reasonable 29.6% of minimal site coverage.
e. The duplex as it exists is also built over the front yard setback and the south side yard setback.
Our proposal requests modest variances that will allow for a functional single family home.
Standard 3:
a. The staff report mentions that the sewer easement could be removed per a conversation with
Tom Bracewell of the Sanitation District. The client and I discussed options for moving or
removing the sewer line easement with Tom on Tuesday, August 13. He provided us with two
options, but each with impossible solutions. Option I: Move the sewer line to the north of the
property. The private roads ofMascotte and Ardmore would have to be raised some 5 or more
feet in height to allow for proper drainage and run for the sewer line. The neighboring
property owners would never allow this due to issues and concerns of noise, view planes, run
off snow removal, and altering existing driveway configurations. In addition to this, access
via this main artery into this private neighborhood would be greatly compromised during
construction. Option 2: Move the sewer line down along the South Side of the property. This
option causes the same problem of the street needing to be raised, as well as conflicts arising
from neighboring utility easements that are off the property. Tom Bracewell has reviewed our
proposed site plan and finds that leaving the line in place is one of a few acceptable solutions.
b. The excessively wide front yard setback limits my client's ability to develop the property and
thus have use of his property in the same way that other properties in the neighborhood enjoy-
ref exhibit L. Most properties in the neighborhood have close proximity to Smuggler Grove
with parking just out in front of the entrance to the home. However, my client's property does
not front Smuggler Grove in the same way as the others. Being located at the end of a dead
end street, this property is handicapped by being as wide as the neighboring lot but with only
minimal frontage onto Smuggler Grove, which serves the only access to a road. Since it is
surrounded on all sides by private roads and private property, city setback requirements cause
unreasonable and unintended results when applied this property. The front yard setback makes
most of the west portion of the property impossible to develop, leaving only a long, narrow
strip of land on which to build - ref exhibit B & c. This problem is not remedied by the
removal of the sewer easement. The long, narrow strip which serves as a building envelope
remains even if the easement is removed (which has already been shown to be a practical
impossibility).
c. Many houses in the neighborhood either have off - street parking or the option for it - ref
exhibit L. With the limited area resulting from the literal interpretation of the city's setbacks-
ref. exhibit B & C - this property is forced to continue parking on the street. This resulting
building envelope would not allow room for a garage. Our proposal seeks to have the same
opportunity for off - street parking as other properties in the area have.
. l .
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List of Exhibits:
A - Site Improvement Survey from Alpine Surveys
B - Site Plan - proposed
C - Site Plan - allowed
D - Building elevations for residence numbered I - 4
E - Garage / ADD elevations numbered 5 - 8
F - FAR calculation sheet
G - nla
H - Board of Adjustment Application Packet
I - 73 Smuggler Grove application proposal
] - Letter from Holy Cross regarding power line burial
K - Letter from the Sanitation District regarding roof overhangs
L - Pictures from the Smuggler Grove Road neighborhood
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To: City of ~ - Board of Adjustments
cc: none
From: Residents of Smuggler grove
Dale: 811512002
Re: Proposed plans to 73 Smuggler Grove
I have discussed and have reviewed the proposed plans for the project at 73 Smuggler Grove. I have
no objections to any phase of the proposed plan. The project will not in any way negatively impact
my lot and bome on Smuggler Grove. The addition of a garage will be a positive attribute for the
neigbboIbood reducing congesting and the amomtt of cars on tbe street. I am in filvor of the board
approving the submitted plans.
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08/15/2002 THU 08:03 FAX
141 002/002
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Aspen Consolidated Sanitation District
s y Kelly . Cl,olrmo,ll
Paul Smith' Treas
Mich~el Kelly' Secy
J,,\'n Kdcher
Frank Luushin
Bruce Mathcrly, Mgr
Rally Dupps
Consortium Architects
P,O, Box 3662
Aspen CO 81612
August 14, 2002
RE: 0073 Smualer Grove-Sanitary Sewer ServIce
Dear Rally,
The Aspen Consolidated 5lAnlt'iltinn Diatrict currently.has sufficient collection and treatment
clilpacity to serve this project. Service is contingent upon compliance with the Distriet's Rules,
Regulations and Speclflartions, which,,", on file at the District office.
A tap permit must be completed at our office when detailed plans bee"",e available. Fees will be
eatimated at that time. The total connection charges due the District must be paid prior to the
IllBUanee of a building pemtit. These fees will include proportional downBlream con8traint
chZll"ges,
The applicant is encounlgCd to contact our office for information concerning main sanitary sewer
line locations and the location of the subsequent connection to the public lI)IlItem., .
The Installation of the drivew9,y ahall conform. to the DIstrict's specifications. Adequll1e cover of
the main sewer line must be maintained. Manholes must be adjusted to grade accoTding to
ACSD specifications. Access to the sanitary sewer line and manholes shell be maintained at all
times. As shown on the site plan, only & non-Improved, lI'&vel driveway access can be
constructed over the main sanitary sewer line.
There are three solution.. that I see to addre"" the lll8Ue of the main sanitary _er line thai.
.bisects the properly, One, would be tD relocate the sewer line to the north of the property and
west down M....,otte Lane to Miclland Ave. Two, the sewer line could be re-located to the south
between the existinll structure and the property to the south. Both of these solutions m~ be
the best long term solution, but would be a major Impact to the neighborhood in the short term.
The third solution would be to leave the line in place, but require the owner to fund, at their sole
expense, a eund in place liner in the main smitary sewer that cuN'8ntly exists on the property.
The request by the applicant for a one foot six inch encroachment by the second story roDf
overhang hall Men re'liewed and approved by the District. A revocable encroachment Iicenfl8 wlU
be required for this building encroachment into the sanitary sewer easement as shown on the
site plan. Since the site plan 1III1Ihown is approximate, the District aasumes that the
relationship of the builclinge end SEWer easement ill relative all wen. Therefore, the District's
approval, for th18 minor encroachment is dependent upon an aecurate site plan showing aU
existinll end propoaed Improvements. Improvements wlU NOT be allowed in the sanitary sewer
easement including but not limite to hard or soft landscaping, fencing and decks as wo:ll as
h'll'd pavement of any kind in th driveway,
~/i(
Thomas R. Bracewell
Collection Systems Superintendent
CC Su.O."",
565 N. Mill St.hr"", CO 816] 1 / (910)97.5-360] I FAX (970) 925-2537
Sent By:. consortium;
970 925 6797;
Jul-12-02 5:22PM;
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MEMORANDUM
THRU:
Board of Adjustment
Joyce Ohlson, Deputy Directo~
Sarah Oates, Zoning Office~
TO:
FROM:
RE:
73 Smuggler Grove-Mike Seguin
DATE:
August 15,2002
SUMMARY: The applicant requests setback variances for the construction of a single-
family residence, garage and Accessory Dwelling Unit. The property is currently
developed with a duplex. The property is zoned R-15A and has the following setback
requirements:
Principal BIg.
Accessory BIg.
Front Yard
Side Yard
Rear Yard
25 Feet
10 Feet
10 Feet
30 Feet
10 Feet
5 Feet
The applicant is proposing the following setbacks:
Principal BIg.
Accessory BIg.
Front Yard 10 Feet 10 Feet
Side Yard 5 Feet (South) 10 Feet (North)
Rear Yard 5 Feet 5 Feet
(Bold indicates variance is required)
The parcel is a 6,211 square foot lot with a utility easement on the west and north sides of
the lot as well as a sixteen (16) foot wide sewer easement down the middle of the property.
The existing duplex and a deck is encroaching into the sewer easement. The duplex is non-
conforming in terms of density and setbacks. The property, part of East Meadow
Subdivision, was annexed into the City in 1987 and given an R-15A zoning designation to
allow for duplex use.
Please refer to the attached drawings and written information provided by the applicants for
a complete presentation of the proposed variance.
/-_....
.......~
"'-..,"
APPLICANT:
Mike Seguin, represented by Rally Dupps of Consortium Architects
LOCATION:
73 Smuggler Grove, Lot 5, East Meadow Subdivision
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
Use Code.
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 a 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 applicants would not be deprived of any rights commonly
enjoyed by other parcels in the same zone district should the variance not be
granted.
In terms of unnecessary hardship or practical difficulty, although a sewer
easement divides the property, Tom Bracewell of the Aspen Consolidated
Sanitation District has confirmed that the sewer easement can be moved off the
of the property at the owner's expense. With the removal of the easement
,"""'^"
....--
there would be a fairly reasonable building envelope on which to redevelop a
residence. Any argument that moving the easement is cost prohibitive is not
permissible as it relates to Standard 3. Financial loss does not qualify as a
hardship.
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 fmding that the review standards are not met.
RECOMMENDATION: Staff recommends that the request for a fifteen (15) foot
front yard setback variance for a principal building, a twenty (20) foot front yard
setback variance for an accessory building, a five (5) foot setback variance for the
south side yard and a five (5) foot rear yard setback variance for the principal
building for the construction of a single-family dwelling unit and a detached
Accessory Dwelling Unit and garage be denied finding that Standards 2 and 3 have
not been met.
RECOMMENDED MOTION: (All motions are worded in the affirmative) "I move to
approve the request for a fifteen (15) foot front yard setback variance for a principal
building, a twenty (20) foot front yard setback variance for an accessory building, a five (5)
foot setback variance for the south side yard and a five (5) foot rear yard setback variance
for the principal building for the construction of a single-family dwelling unit and a
detached Accessory Dwelling Unit and garage finding the review standards have been
met."
d:\home\saraho\boa\2002\ 73smugglergrove.doc
RESOLUTION NO. 03
Series of 2002
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE IN CASE NUMBER 02-03 RELATING TO PROPERTY IN
THE CITY OF ASPEN WITH AN ADDRESS OF 73 SMUGGLER GROVE, LOT 5,
EAST MEADOW SUBDIVISION.
WHEREAS, Mike Seguin made application,
dated July 11, 2002 to the Board of Adjustment for a
variance from the dimensional requirements of Chapter 26 of the
Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the Board of
Adjustment on August 15, 2002 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: Mike Seguin on July 11, 2002 for property with a street
address of 73 Smuggler Grove, 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.
5. The literal interpretation and enforcement of the
r", !",,,.,
'....... ~
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 fifteen (15) foot front yard setback variance for a
principal building, a twenty (20) foot front yard setback
variance for an accessory building, a five (5) foot setback
variance for the south side yard and a five (5) foot rear
yard setback variance for the principal building for the
construction of a single family dwelling unit and a detached
Accessory Dwelling Unit and garage.
APPROVED AS TO FORM
City Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 15~ day of August 2002
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
r'
/--
"
AGENDA
ASPEN BOARD OF ADJUSTMENT
THURSDAY, AUGUST 15,2002
4:00 PM
SPECIAL MEETING
CITY COUNCIL MEETING ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES (06/27/02)
III. DECLARATION OF CONFLICTS OF INTEREST
IV. PUBLIC HEARINGS
A. Case #02-03, Mike Seguin, 73 Smuggler Grove, Lot 5, East
Meadow Subdivision. The applicant is requesting a fifteen (15)
foot front yard setback variance for a principal building, a twenty
(20) foot front yard setback variance for an accessory building, a
five (5) foot setback variance for the south side yard and a five (5)
foot rear yard setback variance for tbe principal building for the
construction of a single family dwelling unit and a detached
accessory dwelling unit and garage.
V.. ELECTIONS
VI. ADJOURN
.........."'-
.
CITY OF ASPEN B6ARD OF ADJUSTMENT
'-'
June 27, 2002
Charles Paterson opened the City Of Aspen Board Of Adjustment special meeting
at 4:00 p.m. with Mark Hesselschwerdt, Bill Murphy, Jim Iglehart and Rick Head
present. Howard DeLuca and was excused and recused. Staffin attendance:
David Hoefer, Assistant City Attorney; Sarah Oates, City of Aspen Zoning Officer
and Jackie Lothian, Deputy City Clerk.
CONTINUED PUBLIC HEARING (06/13/02):
CASE #02-02: 725 WEST SMUGGLER - GARY AND KATHLEEN
ALBERT - SITE COVERAGE
Charles Paterson opened the continued public hearing for Case #02-02,725 West
Smuggler. David Hoefer stated that public notice was provided at the June 13th
hearing; the board had jurisdiction to proceed.
Paterson stated that the applicant, Gary and Kathleen Albert, requested a variance
to increase the allowable lot site coverage five and nine-tenths percent (5.9%) from
forty percent (40%) to forty-five and nine-tenths percent (45.9%) for the
construction of a garage.
Sarah Oates stated that the R-6 zone district had a site coverage requirement,
which means the actual footprint of the structures themselves could only cover a
certain percentage of the lot. The current house at 725 West Smuggler was at the
40% mark for site coverage, which was what was allowed for a 6,000 square foot
lot according to the code. Staff was unable to find the hardship. Hoefer said that
specifically the hardship would have to be shown for the 40% site coverage, which
was the right that was enjoyed by all others in that zone district.
Brooke Peterson, attorney for the applicant, stated that Mr. and Mrs, Albert's home
was built in the character of the other homes on that particular block, most of
which were historic and most of which have received some kind of a variance from
the Historic Preservation Commission. David Hoefer noted that HPC had different
criteria than this board had. Peterson said that he was bringing that up because the
Albert's home was designed in such a manner to blend into the neighborhood as a
quasi-Victorian home. Peterson said that it was set back a great deal from the
street with a lot of open space on the front side of the property and at the time the
house was built there was no site coverage in the code, they could have built a
garage at that time. Peterson said that the site coverage was a recent change to the
R-6 zone district. Peterson said that by allowing the Albert's to build the garage
would allow them the rights that were enjoyed by their neighbors; he submitted
photos of the neighborhood. Peterson said that they were asking for the site
I
I'"'
CITY OF ASPEN BOAId) OF ADJUSTMENT
""'"\
~,,,,,'
June 27, 2002
.
,
coverage variance in the back of the house on the alley without any other variances
on the property.
Letters of support were submitted from 5 neighbors; they were placed into the
record. Brooke Peterson stated that they were trying to get one of the Albert's cars
off of the street, thereby reducing the impacts of traffic on the street and improving
the appearance of the neighborhood. Peterson said that they felt the hardship was
that the Albert's were being denied by virtue of the 40% site coverage restriction, a
right enjoyed by other people in the neighborhood and in the city. Peterson said
the design of the garage was to fit in with their home and would not result in the
demolition of any existing structures; the area where the garage would be placed
was already a patio, so it wasn't actual green space.
Rick Head asked the existing FAR on the total developed property. Brooke
Peterson replied that they were allowed 288 square feet for the garage, which was
exempt from the FAR calculations. Kathleen Albert responded that the house was
around 4500 square feet. Sarah Oates commented that the allowable FAR for a
6,000 square foot lot was 3,240 square feet. Oates said based upon the last
building permit from 1994 the Albert's had 19 square feet remaining in FAR with
a 250 square foot garage exemption and the second 250 square feet counting as
half. Head asked ifthere were any letters objecting to this variance. There were
none. David Hoefer stated that the board did not object to a garage per se but
rather complying with the 40% restriction from the code. Hoefer said that a garage
theoretically could have been built. Head asked why this was a hardship now and
was not a hardship back in 1998, Peterson replied that they did not realize or know
about the change in the law; they didn't consider building a garage until this
spring. Peterson said that was when Dave Gibson found this problem after Brooke
and Sarah spoke and thought all of the issues were worked through. Paterson
asked when the 40% law went into effect.
Bill Murphy asked if the property was currently listed for sale. Brooke Peterson
said that it was on the market. Paterson asked how long was it on the market.
Kathleen Albert answered 13 to 14 months.
Kathleen Albert provided the history of the property when they bought it in 1979;
the houses around them were pretty much run-down historical houses. Albert said
that the neighborhood has really changed since then; they assumed the drawings
that Bill Poss had done originally would still be valid. Albert said that they were
one of the few houses that did not have a garage and parked on the street. Charles
Paterson asked if this was a carport rather than a garage, would the same rules
2
.
,......,\
CITY OF ASPEN ~ARD OF ADJUSTMENT
'-"
June 27, 2002
apply. Oates answered that the site coverage calculation was based upon the
footprint of the actual structure; a carport open on 2 sides would not count towards
site coverage
Mark Friedberg, realtor, stated that older properties were prejudiced by the
coverage regulation; he said that was to prevent lot line to lot line construction
especially in the West End. Friedberg said that there needed to be flexibility to
improve the quality of the town by reducing the amount of impacts on the streets.
Jim Iglehart stated that he was in favor of granting the variance. Iglehart said that
cars were parked on both sides of Smuggler Street during the rush hour traffic,
which added to the congestion. Iglehart said that getting cars off the street into
garages was his interpretation of the AACP; he did not feel the 6% site coverage
was a problem especially since the neighbors did not have a problem.
Rick Head stated that the board was to grant a minimum variance; he said that the
mudroom should be taken off if the issue and hardship was the garage, Head said
that the hardship was created because the house hasn't sold because it didn't have a
garage. Head noted that the lack of garage does not constitute a hardship, He said
that he would approve the garage without the mudroom. Head asked about the
back fence being 8 to 10 feet high and if it were allowed at that height.
Mark Hesselschwerdt stated that he agreed with Rick on the mudroom scenario
and keeping any variances to a minimum if this were a hardship scenario.
Hesselschwerdt said that the positive was that the neighbors agreed with this
vanance.
Bill Murphy stated that he agreed in some ways because the neighbors did not
object however they can put a carport in to get the car off the street without a
variance and eliminates the hardship, Murphy said that he could not go along with
the variance.
Charles Paterson stated that he felt the same way Bill did; he said that he could not
see a hardship in this application, Paterson said that the property was already very
dense and understood the 40% coverage rule with the coverage of the house on the
2 lots; there was no yard except for the front. Paterson said that he could not
support the variance because there was no hardship. Paterson said that they could
have a carport to get the car off the street.
3
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CITY OF ASPEN BO~d) OF ADJUSTMENT
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June 27, 2002
" ., .
MOTION: Rick Head moved to approve the request to increase the
allowable lot site coverage five and nine-tenths percent (5.9%) from
forty percent (40%) to forty-five and nine-tenths percent (45.9%) for
the construction of a garage finding the review standards have been
met. Jim Iglehart seconded. Roll call vote: Iglehart, yes; Murphy, no;
Hesselschwerdt, no; Head, yes; Paterson, no. DENIED 3-2.
MINUTES
MOTION: Rick Head moved to approve the minutes from January 3,
2002 for Case #01-05, William and Dana Powell. Charles Paterson
seconded. APPROVED 5-0.
MOTION: Rick Head moved to approve the minutes from January 3,
2002 for Case #02-01, Robert Ritchie. Jim Iglehart seconded.
APPROVED 5-0.
MOTION: Rick Head moved to approve the minutes from June 13,
2002. Jim Iglehart seconded. APPROVED 5-0.
MOTION: Rick Head moved to adjourn at 4:30; seconded by Jim
Iglehart. APPROVED 5-0.
kie Lothian, Deputy City Clerk
4
Sent By: consortium;
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970 925 6797;
Jul-15-02 2:41PM;
Page 2
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73 Smuggler Grove
Board of Adjustment Proposal
To:
The City Of Aspen
<<: Mike Seguin, Sarah
Oates
nile:
July 11,2002
Subject:
73 Smuggler Grove, Lot 5
From:
Rally Dupps of
Consortium Architects
(Representative)
Applicant's Information:
Mike Seguin
503 Dcan St.
Aspen, Colorado 8161 I
ph: 970-618-6546
Reoresentative's Information:
Rally Dupps, AlA
Consortium Architects
POB 3662
Aspen, Colorado 81612
ph: 970-925-6797
fax: 970-925-6797
Proiect Description:
73 Smuggler Grove Road is an existing legal non-confOlming duplex on a lot that is zoned in the city
of Aspen as R-15A. The lot size is 6211 s.f and has 3299 s.f of allowable FAR for a single family
residence and 3663 s,f for a duplex, The lot has three easements that run across the property,
ovt:rhanging power lines, and has an irregular non - rectangular shape. Tn addition to this, the lot is
located at the dead end of Smuggler Grove, with neighboring lots that nearly comple{~Jy surround
the subject property, There is only a few feet of actual fnl11tage onto Smuggler Grove from this lot.
A 16'-0" wide sewer el1Sement running at a diagonal effectively cuts this property in half, There is
also a 5' -0" general utility easement which runs along the east side of the property and unothcr 10'-
0" general utility ea~ement that runs along the north end of the property,
According to the city zoning codes, the tront yard setback is 25'-0" with a rear yard setback of 10'-
0" and side yard setbacks of 10'-0", The front yard setback would be from Smuggler Grove. For
accessory buildings, the front yard setback is 30'-0", side yard setback is 10'-0", and the rear yard
setback is 5'-0",
Our application seeks variances from the Title 26 dimensional requirements. It is our feeling that
due to the unique configuration of this lot and the many casements on the property that the literal
interpretation and enforcement of Title 26 would deprive my client the rights cOlIunonly enjoyed by
other parcels in the same zone district and would cause my client unneces:o;ary hardship and I or
Sent By: consortium;
970 925 6797;
Jul-15-02 2:41PM;
Page 3/5
>+: practical difficulty_ After strict interpretation of the land use code, the resulting building envelope
would not allow for a home or a garage of practical dimensions or function - please refer to exhibit
C,
Oui: proposal seeks to place the bulk of the residence building cnvelope to the suuth of thc sewer
easement with a separate, detached garage / ADU to the north of the sewer easement. The existing
duplex - please ref, exhibit A - is built over the sewer easement and almost up to the sewer line
itself. Furthennore, the north rear porch completely covers this easement. The redevelopment of the
site removes these encroachm,ents,
Furlhennore, the main problem we face was how 10 access the property from Smuggler Grove Road.
Since the frontage on Smuggler Grove is the width of the street itself, our solution was lu use a
separate, detached garage which is accessed by a softscape driveway that travels along wilh the
sewer easement, This will allow easy access to Ihe sewer line for maintenance by the sanitation
district as well as redUCing the mass of the residence by placing the garage 10 the rear of thc
property, which is 1I traditional urban configuration and follows the goals of Ihe Aspen area
Community Plan, There is no alley from which to access the property, since the surrounding roads
of Mascolle and Ardmore are pri vate,
The proposed site plan - ref, exhibit B - seeks the minimum variance that will make possible the
reasonable use of the parcel and its improvements thereupon, Our proposal seeks dimensional
variances to change the front yard setback to 10'-0" for both the residence and the garage, the south
side yard to 5'-0", the rear yard for both structures to 5'.0" and 10'-0" for the north side yard, which
is the width of the utility easement. Our proposal is in compliance with the code regarding root'
overhangs into setbacks of up to 1'-6" being allowed. The sanitation district has approved the roof
overhangs shown in our proposed site plan along the sewer easement - ref: exhibit K,
Light wells are permiued to encroach into setbacks as long as they are of minimum size, Our
proposal shows light wells of minimum size required for egress, Our proposal is within the allowed
FAR for a single family residence of 3299 s.f. Furthermore, we seek to hury the lIbove ground
power lines that nul along the east side of the lot llnd have been given permission to do so by Holy
Cross - ref, exhibit J.
Our proposal will reduce the neighborhood density by changing from an exi~-ring duplex use 10 a
single fanlily residence.
Review Criteria:
The following are responses to 26,314.040 from the Board of Adjustment application:
A I, The setback variances are of minimum size to accommodate a rcsidcnce and a detached garage
while respecting the Wlusual property lines and many easements placed on the property, -Ref
exhibit B. Although we are faced with an unorthodox lot and building envelope, we feel that
we have responded to the criteria in a traditional way that enhances the neighborhood with a
conventional building arrangement. The proposal encourages the Aspen Area COlllmunity
Plan goal of the traditional w-ban arrangement having the house at the streetscape and detached
garage I ADU at the rear of the property.
Sent By: consortium;
970 925 6797;
Jul-15-02 2:42PM;
Page 4/5
>KA2.
We are changing the use of the property from a duplex to a single family, This results in a
smaller building envelope as well as a smaller building, The allowable FAR for a single tamily
residence is 364 s.f of FAR less than that allowed for a duplex - ref, exhibit F. Due to all of
the easements, minimum frontage to Smuggler Grove Road, and Tilte 26 code regulations _
ref. exhibit C - my client has an unusable building envclope. Since we have so little frontage
on Smuggler Grove, and the house is surrounded by private drives and other building lots, the
typical front and rear yard as described within the code would not necessarily apply herc. The
proposed front yard setback respects the intent of the code in that it gives the neighborhood a
generous "front yard" along Smuggler Grove that is larger than the rear yard, setting back the
house from the strcet and respecting the scale and community feeling of the neighborhood,
The rear and side yard setbacks are similarly sized with respect to the code while maintaining
enough building area for the residence and a functioning garage with an ADU above..
A3.
The litem! inteipretation and enforcement of the code would deprive my client the rights
commonly enjoyed by other parcels in the same zone district, and would cause unnecessary
hardship and practical difficulty. This point is iIluslTatcd best with exhibit C.
a. The large land area that is taken up by easements is problematic. This problem combined
with the literal interpretation of the code, limited frontage on Smuggler Grove, and unique lot
size contiguration aggravates this problem further, leaving a property that would not
accommodate any site improvements nor any fWlctional use of the property - ret: exhibit C.
b, Other homes in the area currently enjoy front, rear, and side yard setbacks that are nol
unlike the dimensional variances that we are reque~ting -ref. exhibit 1. Tn fact, thc granting of
this variance will allow this property to come into compliance in that it proposes to remove the
existing building and decking which is built over the sewer easement.
B1. Notice by mailing and posting of the proposed variance has been provided to the sUlrounding
property owners in accordance with Section 26,304.060(E)
82. Granting of this variance is the only reasonable method by which to afford my client relieffrom
the current code requirements resulting in non-functionnllot - ref. exhibit C. Other pnlpertics
in the neighborhood may not have the limitations that we face, Denial of this application
would cause my client unnecessary hardship and practical diffieulty - ref, exhibit C in that no
site improvements for a practical functioning residence or garage could be built.
B3. does not apply
84, does not apply
85. does not apply
List of Exhibits:
A - Site Improvement Survey from Alpine Surveys
B - Site Plan - proposed
C - Site Plan - allowed
D -. Building elevations for residence numbered 1 - 4
E - Garage I ADU elevations numbered 5 - 8
F - FAR calculation sheet
Sent By: consortium;
970 925 6797;
~-
n - Board of Adjustment Application Packet
T - 73 Smuggler Grove application proposal
J -- Letter from Holy Cross regarding power line burial
K -- Letter from the Sanitation District regllfding roof overhangs
L - Pictures from the Smuggler Grove Road neighborhood
Sil::nature of Owner:
Mike Seguin, owner
Date:
Jul-15-02 2:42PM;
Page 5/5
/
t~ (
NOTICE OF PUBLIC HEARI1\...,
CASE #02-03
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 2S, 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
vanance.
Particulars of the hearing and requested variance are as follows:
Date and Time of Meetinl!::
Date: August 15, 2002
Time: 4:00 P.M.
Owner for Variance:
Representative for Variance:
Name:
Mike Seguin
Address:
SOS E. Dean Street
Aspen, CO 81611
Rally Dupps
Consortiurn Architects
P.O. Box 3662
Aspen, CO 81612
Location or description of property:
73 Smuggler Grove, Lot S, East Meadow Subdivision
Variauces Reauested:
The applicant is requesting a fifteen (IS) foot front yard setback variance for a principal building, a twenty
(20) foot front yard setback variance for an accessory building, a five (S) foot setback variance for the south
side yard and a five (S) foot rear yard setback variance for the principal building for the construction of a
single family dwelling unit and a detached accessory dwelling unit and garage.
Will applicant be represented bv Counsel: YES: NO: X
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
,'-,
-...".,
.
THE CITY OF ASPEN
BOARD OF ADJUSTMENT
APPLICATION PACKET
DATE
,III
200'2.
CASE#
APPLICANT~ ( LCiNSO(Gl1U,v'i PHONE 12-5 - ~71l
~c.t::>
MAILING ADDRESS'-pC 8 3'"' fn L ( M. E'EN ( C (J flJ{ fa J '2-
OWNER Ml't-t. SE6tJlN PHONE G,(~ - "s-tG.
MAILING ADDRESS l;of> E, 1) EkN
LOCATION OF PROPERTY I:' S~Uc.:,("lE.~ G;~IJE ,
(Street, Block Number and Lot Number)
WILL YOU BE REPRESENTED BY COUNCIL? Yes_ Nob.-
Lo T f)
EP-Sl }/\E.N;)OW
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.
(~tF,- '1~ SfJ\UG&LCf- &~E.. A-Wl..tCl~'T10N ~[UlPo)ftt..}
Appli~'" Sigru>rure ifII ) ~
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
Sent By: consortium;
970 925 6797;
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Page 2/3
,---
--
Aspen Consolidated Sanitation District
Sy Kelly' Chainn,,"
Paul SiniLh . Treas
Micl"",J Kelly' Seey
Juhn Keleher
Frank Loushin
Bn",e Mather/y, Mgr
. Rally Dupps
Consortium Architect~
P.O. Box 3662
Aspen CO 81612
July 11,2002
RE: 0073 Smuggler Grove-Sanitary Sewer Service
Dear Nick,
The Aspen Consolidated Sanitation District currently has sufficient collection and
treatment capacity to serve this project, Service is contingent upon compliance with the'
District's Rules, Regulations .ilnd Specifications, which are on file at the District office.
A tap permit must be completed at our office when detailed plans become availahlp..
Fees will be estimated at that time. The total connection charges due the District must
be paid prior to the issuance uf.. building permit. These fees will include proportional
downstream constraint charges.
The applicant is encouraged to contact our office for information concerning main
sanitary" ~er line locations and the location of the subsequent connection to the public
system,
The installation of the driveway shall conform to the District's specifications. Adequate
cover of the main sewer line must be maintained. Manholes must be adjusted to grade
according to ACSD specifications. Access to the sanitary" sewer line and manholes shall
be maintained at all times. .
The request by the applicant for a one foot six inch encroachment by the second story
roof overhang has been reviewed and approved by the District. A revocable
encroaciunent license will be required for any and all building encroachments into the
sanitary sewer easements. SinCCl the site plan as shown is approximate, the District
assumes that the relationship of the buildings and sewer easement is relative as well.
Therefore, the Distrlct's approval, for this minor encroachment is dependent upon an
accurate site plan showing all existing and proposed improvements. The accurate site
plan shall be individuAlly reviewed hy the District befnre iS$Uance of a huilding pennit
This application may require the applicant funding, at their sole expense, a liner
~;Lii1-' ....=tly.-.n m.....-.
"',mM R. ",.;b..n .!f/
Collection Syst.ems Superintendent
565 N. Mill SL,Aspen. CO 81611 / (970)925-3601 / FAX (910) 925.2S:?1'
Sent By: consortium;
970 925 6797j
Jul-17-02 11 :39AMj
Page 3/3
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(t'~~
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do ~
"'", ,.
fI Hall"
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3/99 HIGHWAY 82 - r.o. DRAWER 2150
GLENWOOD SPRINGS, COLORADO 81602
(970) 945-5491 - FAA (970) 945-4081
July 10, 2002
Mr. Rally Dupps
p, O. Box 3662
Aspen, CO 81612
Re: Lot 5, Smuggler Grove
Dear ~UV: ,
. ,'u.... - "..
The above mentioned development is within the certified service area of Holy Cross Energy.
Holy Cross Energy has eXisting power facilities located on the above mentioned project, These
existing facilities have adequate capacity to provide electric power to the development, subject
to the tariffs, rules and regulations on file. Any power line enlargements, relOcations, and new
extensions necessary to deliver adequate power to and within the development will be
undertaken by Holy Cross Energy upon completion of appropriate contractual agreements,
Please advise when you wish to proceed with the development of the electric system for this
project.
.~
\....
-~
~~-VZ.Z-
Buzz Quaco,
Staking Engineer
BQ:smh
St;lirlil\qU.I,g\dupps
r'"
"-"
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......
MEMORANDUM
TO:
FROM:
Board of Adjustment
Joyce Ohlson, Deputy Directo~
Sarah Oates, Zoning Office~
THRU:
RE:
73 Smuggler Grove-Mike Seguin
DATE:
August 15,2002
SUMMARY: The applicant requests setback variances for the construction of a single-
family residence, garage and Accessory Dwelling Unit. The property is currently
developed with a duplex. The property is zoned R-15A and has the following setback
requirements:
Principal Big.
Accessory Big.
Front Yard
Side Yard
Rear Yard
25 Feet
10 Feet
10 Feet
30 Feet
10 Feet
5 Feet
The applicant is proposing the following setbacks:
Principal Big.
Accessory Big,
Front Yard 10 Feet 10 Feet
Side Yard 5 Feet (South) 10 Feet (North)
Rear Yard 5 Feet 5 Feet
(Bold indicates variance is required)
The parcel is a 6,211 square foot lot with a utility easement on the west and north sides of
the lot as well as a sixteen (16) foot wide sewer easement down the middle of the property.
The existing duplex and a deck is encroaching into the sewer easement. The duplex is non-
conforming in terms of density and setbacks. The property, part of East Meadow
Subdivision, was annexed into the City in 1987 and given an R-15A zoning designation to
allow for duplex use.
Please refer to the attached drawings and written information provided by the applicants for
a complete presentation of the proposed variance.
c
......"
"',,#
APPLICANT:
Mike Seguin, represented by Rally Dupps of Consortium Architects
LOCATION:
73 Smuggler Grove, Lot 5, East Meadow Subdivision
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
Use Code.
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 a 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 applicants would not be deprived of any rights commonly
enjoyed by other parcels in the same zone district should the variance not be
granted.
In terms of unnecessary hardship or practical difficulty, although a sewer
easement divides the property, Tom Bracewell of the Aspen Consolidated
Sanitation District has confirmed that the sewer easement can be moved off the
of the property at the owner's expense. With the removal of the easement
(;
r,
.....,,/
there would be a fairly reasonable building envelope on which to redevelop a
residence. Any argument that moving the easement is cost prohibitive is not
permissible as it relates to Standard 3. Financial loss does not qualify as a
hardship.
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 fifteen (15) foot
front yard setback variance for a principal building, a twenty (20) foot front yard
setback variance for an accessory building, a five (5) foot setback variance for the
south side yard and a five (5) foot rear yard setback variance for the principal
building for the construction of a single-family dwelling unit and a detached
Accessory Dwelling Unit and garage be denied finding that Standards 2 and 3 have
not been met.
RECOMMENDED MOTION: (All motions are worded in the affirmative) "I move to
approve the request for a fifteen (15) foot front yard setback variance for a principal
building, a twenty (20) foot front yard setback variance for an accessory building, a five (5)
foot setback variance for the south side yard and a five (5) foot rear yard setback variance
for the principal building for the construction of a single-family dwelling unit and a
detached Accessory Dwelling Unit and garage finding the review standards have been
met."
d:\home\saraho\boa\2002\ 73smugglergrove.doc
""....
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RESOLUTION NO. 03
Series of 2002
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE IN CASE NUMBER 02-03 RELATING TO PROPERTY IN
THE CITY OF ASPEN WITH AN ADDRESS OF 73 SMUGGLER GROVE, LOT 5,
EAST MEADOW SUBDIVISION.
WHEREAS, Mike Seguin made application,
dated July 11, 2002 to the Board of Adjustment for a
variance from the dimensional requirements of Chapter 26 of the
Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the Board of
Adjustment on August 15, 2002 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: Mike Seguin on July 11, 2002 for property with a street
address of 73 Smuggler Grove, 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.
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 fifteen (15) foot front yard setback variance for a
principal building, a twenty (20) foot front yard setback
variance for an accessory building, a five (5) foot setback
variance for the south side yard and a five (5) foot rear
yard setback variance for the principal building for the
construction of a single family dwelling unit and a detached
Accessory Dwelling Unit and garage.
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 August 2002
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
Sent By: consortium;
970 925 6797;
Jul-15-02 2:41PM;
Page 2
*'
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'-'
73 Smuggler Grove
Board of Adjustment Proposal
To:
Thc City Of Aspen
tt: Mike Seguin, Sarah
Oates
nale:
July 11,2002
Subject:
73 Smuggler Grove, Lot 5
From:
Rally Dupps of
Consortium Architects
(Representative)
Applicant's Information:
Mike Seguin
503 Dean St.
Aspen, Colorado 8161 1
ph: 970.6 I 8-6546
Representative's Information:
Rally Dupps, AlA
Consortium Architects
POB 3662
Aspen, Colorado 81612
ph: 970.925-6797
fax: 970-925-6797
Proiect Description:
73 Smuggler Grovc Road is an existing legal non-conforming duplex on a lot that is zoned in the city
of Aspen as R-15A. The lot size is 621 I s,f and has 3299 s.f of allowable FAR for a single family
residence and 3663 s,f for a duplex, The lot has three easements that run across the property,
overhanging power lines, and has an irregular non - rectangular shape. Tn addition to this, the lot is
located at the dead end of Smuggler Grove, with neighboring lots that nearly complelely surround
the subject property. There is only a few feet of actual mmtage onto Smuggler Grove from this lot.
A 16'-0" wide sewer ealiement running at a diagonal effectively cuts this property in half. There is
also a 5'-0" general utility easement which nms along the east side of the property and Wlothcr 10'-
0" general utility ea.~ement that runs along the north end of the property,
According to the city zoning codes, the tront yard setback is 25'-0" with a rear yard selback of 10',
0" and side yard setbacks of lO'.O", The front yard setback would be from Smuggler Grove. for
accessory buildings, the front yard setback is 30' -0", side yard setback is 1 0' -0", and the rear yard
setback is 5' -0".
Our application seeks variances from the Title 26 dimensional requirements. It is our 1eeling that
due to the unique configuration of this lot and the many easements on the property that the literal
interpretation and enforcement of Title 26 would deprive my clicnt the rights cOllunonly enjoyed by
other parcels in the same zone district and would CaUSe my client unnecessary hardship and / or
Sent By: consortium;
970 925 6797;
Jul-15-02 2:41PM;
Page 3/5
>1: practical difficulty, After strict interpretation of the land use code, the resulting building envelope
would not allow for a home or a garage of practical dimensions or function _ please refer to exhibit
C.
,........
'-'
,"'."''''l,
,.,"
Oui: proposal seeks to place the bulk of the residence building envelope to the south of the sewer
easement with a separate, detached garage / ADU to the north of the sewer easement. The existing
duplex - please ref, exhibit A - is built over the sewer easement and almost up to the sewer line
itself. Furthermore, the north rear porch completely covers this easement. The redevelopment of (he
site removes these encroachments,
Furthermore, the main problem we face was how to access the property from Smuggler Grove Roat!.
Since the frontage on Smuggler Grove is the width of the street itself, our solution was (0 use a
separate, detached garage which is accessed by a softscape driveway that travels along with the
sewer easement. This will allow easy access to the sewer line for maintenance by the sanitation
district as well as redUCing the mass of the residence by placing the garage to the rear of the
property, which is a traditional urban configuration and follows the goals of the Aspen area
Community Plan. There is no alley from which to access the property, since the surrounding roads
of Mascotte and Ardmore are private_
The proposed site plan - ref. exhibit B - seeks the minimum variance that will make possible the
reasonable use of the parcel and its improvements thereupon, Our proposal seeks dimensional
variances to change the front yard setback to 10'.0" for both the residence and the garage, the south
side yard to 5'-0", the rear yard for both structures to 5'-0" and 10'-0" for the north side yard, which
is the width of the utility easement. Our proposal is in compliance with the code regarding rool"
overhangs into setbacks of up to 1'.6" being allowed. The sanitation district has approved the roof
overhangs shown in our proposed site plan along the sewer easement. rei: exhibit K.
Light wells are permiued to encroach into setbacks as long as they are of minimum size, Our
proposal shows light wells of minimum size required for egress, Our proposal is within the allowed
fAR for a single family residence of 3299 s,f. Furthermore, we seek to hury the above ground
power lines that run along the east side of the IOl and have been given permission to do so hy Holy
Cross - ref, exhibit J.
Our proposal will reduce the neighborhood density by changing from an existing duplex use l~l II
single family residence.
Review Criteria:
The following are responses to 26.314.040 from the Board of Adjustment application:
A 1, The setback variances are of minimum size to accommodate a residence and a detached garage
while respecting the Wlusual property lines and many easements placed on the property, .Ref
exhibit B, Although we are faced with an unorthodox lot and building envelope, we feel that
we have responded to the criteria in a traditional way that enhances the neighborhood with a
conventional building arrangement. The proposal encourages the Aspen Area COllullunily
Plan goal of the traditional urban arrangement having the house at the streetscape and detached
garage I ADU at the rear of the property,
Sent By: consortium;
970 925 6797;
Jul-15-02 2:42PM;
1"-""
Page 4/5
~
'-'
....."..
>KA2,
We arc changing the use of the property from a duplex to a single family. This results in a
smaller building envelope as well as a smaller building, The allowable FAR for a single j,unily
residence is 364 s.f of FAR less than that allowed for a duplex - ref, exhibit F. Due to all of
the easements, minimum frontage to Smuggler Grove Road, and Tille 26 code regulations _
ref, exhibit C - my client has an unusable building envelope. Since we have so little frontage
on Smuggler Grove, and the house is surrounded by private drives and other building Jots, the
typical front and rear yard as described within the code would not necessarily apply here. The
proposed front yard setback respects the intent of the code in that it gives the neighborhood a
generous "front yard" along Smuggler Grove that is larger than the rear yard, setting back the
house from the street and respecting the scale and community feeling of the neighborhood,
The rear and side yard setbacks are similarly sized with respect to the code while maintaining
enough building area for the residence and a functioning garage with an ADU above..
AJ.
The literal interpretation and enforcement of the code would deprive my client the rights
commonly enjoyed by other parcels in the same zone district, and would cause unnecessary
hardship and practical difficulty. This point is illustratcd best with exhibit C.
a. The large land arca that is taken up by easements is problematic, This problem combined
with the literal interpretation of the code, limited frontage on Smuggler Grove, and unique Jot
size configuration aggravates this problem further, leaving a property that would not
acconunodate any site improvements nor any timctional use of the property - ref, exhibit C.
b. Othcr homes in the areu currently enjoy front, rear, and side yard setbacks that are not
unlike the dimensional variances that we are requesting -ref. exhibit L. Tn fact, thc granting of
this variance will allow this property to come into compliance in that it proposes to remove the
existing building and decking which is built over the sewer easement.
B 1. Notice by mailing and posting of the proposed variance has been provided to the surrounding
property owners in accordance with Section 26,J04.060(E)
B2, Granting of this variance is the only reasonable method by which to afford my client relief from
the current code requirements resulting in non-functionnllot - ref. exhibit C. Other properties
in the neighborhood may not have the limitations that we face, Venial of this application
would cause my client unnecessary hardship and practical difficulty - ref. exhibit C in that no
site improvements for a practical functioning residence or garage could be built.
B3, does not apply
B4, does not apply
B5. does not apply
List of Exhibits:
A - Site Improvement Survey from Alpine Surveys
B - Site Plan. proposed
C - Site Plan - allowed
V -. Building elevations for residence numbered 1 - 4
E - Garage I ADD elevations numbered 5 - 8
F - FAR calculation sheet
Sent By: consortium;
t""
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970 925 6797;
~-
H - Board of Adjustment Application Packet
I - 73 Smuggler Grove application proposal
J -- Letter from Holy Cross regarding power line burial
K -- Letter from the Sanitation District regarding roof overhangs
L - Pictures from the Smuggler Grove Road neighborhood
Sienature of Owner:
Mike Seguin, owner
Date:
Jul-15,02 2:42PM;
. ."..,~
...."',#1
Page 5/5
Sent By: consortium;
,....
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970 925 6797;
Jul-12-02 5:23PM;
'Ol...
Page 3
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Sent By: consortium;
,.......
-
970 925 6797;
Jul-12-02 5:22PM;
.'''\
Page 2
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~
THE CITY OF ASPEN
BOARD OF ADJUSTMENT
APPLICATION PACKET
DATE
7/11
20 0 2.
CASE#
APPLICANT~ ( C.ONs'o(GllU,I!i PHONE~
~q-<;. .
MAILINGADDRESS~8 3?'fn2{ 'k-PEN (en P-'{fo ) 'L
OWNER Ml~ SE60I~ PHONE <OI~ - "~t,,
MAILING ADDRESS c;o~ C l t> EkN
LOCATIONOFPROPERTY "13 SfJ\VG(",LE~ G;~lJE I LoT ~
(Street, Block Nwnber and Lot Nwnber) E~ Sl }/\f:.P.f:>OW
WILL YOU BE REPRESENTED BY COUNCIL? Yes_ Nob..
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.
('R.cF,- '1~ S~UG(;~ &~E. A-wl.tC~:rroN ~~Po)ftL")
AppH=",S_m, ifII)~
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
Sent By: consortium;
1"......
970 925 6797;
Jul.17-02 11 :39AM;
Page 2/3
''',...,/
Aspen Consolidated Sanitation District
Sy Kelly' Chainn.."
Paul Sinill, . Tr..'"
Mich""J K..lly' Seey
Juhn K..l..her
Frank Lousl,in
Bnll;e Matherly, Mgr
, Rally Dupps
CDnsortium Architect,
P.O. Bo" 3662
Aspen CO 81612
July 11,2002
RE: 0073 Smuggler Grove-Sanitary Sewer Service
Dear Nick,
The Aspen CDnsolidated SanitatiDn District currently has sufficient collection and
treatment capacity to. serve this prDject, Service is contingent upDn cQmpliance with the
District's Rules, Regulatiuns .<lIld SpecificatiDns, which are Dn file at the District Dffice.
A tap permit must be completed at DUr Dffice when detailed plans become availabl",.
Fees will be estimated at that time. The total connection charges due the District must
be paid prior to the issuance uf a building permit. These fees will include prDpDrtiDnal
dDwnstream cDnstraint charges.
The applicant is encouraged to. contact Qur Dffice fDr infDrmatiQn concerning main
sanitary '1"Wer line IDcatiuns, and the IDcatiun Df the subsequent connection to. the public
system.
The installatiun Df the driveway shall cDnfDrm to. the District's specificatiDns, Adequate
CDver Qf the main sewer line must be maintained. Manholes must be adjusted to grade
accDrding to. ACSD specificatiDns. Access to. the sanitary sewer line and manhDleS shall
be maintained at all times, .
The request by the applicant fDr a Qne fODt six inch encrDachment by the secDnd stQry
rQuf uverhang has been reviewed and apprDved by the District, A revDcable
encroachment license will be required for any and all building encroachments into the
sanitary sewer easements. Since the site plan as shuwn is appruximate, the nistrict
assumes that the relatiunship Df the buildings and sewer easement is relative as well.
TherefDre, the District's appruval, fur this minDr encroachment is dependent upon an
accurate site plan shDwing all existing and proposed impruvements. The accurate site
plan shall be individually review",d hy the District before i....o;uance of a huilding permit
This applicatiDn may require the applicant funding, at their sole expense, a liner
--i/'Zfi -,..., ='=tly'-.n", ....p~"
ThDmas R. Bracbwell ,~
CullectiDn Systems Superintendent
565 N. Mill SL,ABpen. CO 81611 / (970)\125-3601 / FAX (910) 925-:).5:11
Sent By: consortium;
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Jul-17-02 11 :39AMj
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3799 HIGHWAY 82 - P.O. DRAWER 2150
GLENWOOD SPRINGS, COLORADO 81602
(9701945-5491' FAX (970) 945-4081
July 10, 2002
Mr. Rally Dupps
p, O. Box 3662
Aspen, CO 81612
Re: lot 5, Smuggler Grove
. D~a~ R,aUy: " '
The above mentioned development is Within the certified service area of Holy Cross Energy.
Holy Cross Energy has existing power facilities located on the above mentioned project. These
existing facilities have adequate capacity to provide electric power to the development, subject
to the tariffs, rules and regulations on file. Any power line enlargements, relOcations, and new
eXtensions necessary to deliver adequate power to and within the development will be
undertaken by Holy Cross Energy upon completion of appropriate contractual agreements,
Please advise when you wish to proceed with the development of the electric system for this
project.
Sincerely,
HOLY
------
ENERGY
,.-
'-
-~
.~-,-~V2..Z-
Buzz Quaco,
Staking Engineer
BQ:smh
St"rla\qu.ltlJ\duPps