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HomeMy WebLinkAboutlanduse case.boa.73 Smuggler Grove.003-03 WTICE OF PUBLIC HEARING ..,..."""" -' - 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 ......- 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 ; .......- 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. ; ........... ,- - 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. .- ~ , , - 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 , -' "'~. -"'~" 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. - - ., ..- . , --. ;' -, - (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 t. !Z'lri' #u;. otary Publ ATTACHMENTS: COpy OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 'Tn,:,,)) :~,:;,,;;,," ""'''~''t~''~.~~~l::'';'';'' ",. ~""':""""<"''''AM~;''''''.<: ...c..... .~'..:> ~i',.>,..,.""'" /' '"," ~OTICE OF PUBLIC HEARING CASE 2 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 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 . ._.,~ ..- The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Rick Head, Chainnan Smooth feed Sheets™ fO 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 . AVERY' "..., - 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 Use template for 51.60'") _/ -,~ 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 ...." Laser 5160@ Smooth Feed Sheets ™ Use template for 5160@ ""' 1""" -- 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 SAVERYI;, "'" Address labels laser 5160(ii) Smooth Feed Sheets™ ~ 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 fPlAVERV'" ,.~ "- 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 Address Labels Use template for 5160\') 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 Laser 5160@ Smooth feed Sheets"" Use template for 51608) ,-.. . -- . 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 ....-" - . AVERY!') Address labels Laser 5160@ IIII~IIIIIIIIIIIIIIII ~~:~~~0:'~0:36A 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 fr496330 Page: 2 of 3 . 04'09/2004 10:36~ 16.00 0 0.00 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. -.., 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, 2 ,...... - I 111111I11111111 1111 111111111111 11II11/11 ~~:~~~;; ~ 0' 36A SILVI~ ORVIS PITKIN COUNTY CO R 16.00 0 0.00 . APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: n~ c-fly Attorney \JL V ~ ATTEST: ~~ ity Clerk g:\home\saraho\planning\drac\73smugglerreso \,1 3 ~ . 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 I "..."' 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 2 -- 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 ."""""" 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 ,......,""" 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 > .." ..,f 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. ~ '.~ ......~... 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 ,/ .". 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. ,....'"' .- 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.. ,"-"" 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." d;\home\saraho \boa\2002\ 73 smugglergrove .doc ~ - .... - - N \o.N~ O 0" . .... r--N '0 (Y) ..- "- ON ,- ", ...... ... ~ D._Q '" , , \,'-..<. ~ ~ " " C U " " ~ 0. '" > <r Q -::0; iiii> ~~ ~U) " ........ RESOLUTION NO. 03 Series of 2002 " ,J< 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. - "' 0: 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. 'C ~ " "- 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: ;;t; ~ .. "'''' ~ ~ '" ^-I ~NS ..~ 0 iSl . o SS t-N~a C"') OJ N r- "" .'" q a.....s '" 4 . o u >- ~ z co o u z '" ~ -~o:: - . iiiiiiiiilll \ ~~ '>----=0. ~ ~. > --' ~ 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. 3 . 'f" ;s; ~ .. "'''' ~ ~ '" N....N5l' . 0'" . o ",,,, r-M~C ('t1 U ~ t- 0" .'" "'" Q..-Q " ~ -' __w ... 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 /~, ~ \ )-1 '5 Ci~ Attorney INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the ~ day of September 2002 ...~~ "--"' , 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 '( .. d ,. CITY OF ASPEN B(),.rtm OF ADJUSTMENT /"'~. - 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 ,. ". , CITY OF ASPEN B(),dID OF ADJUSTMENT -- 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 3 , "'...'.... CITY OF ASPEN BOKRo OF ADJUSTMENT - 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. ,. , 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. 4 .~.' ......" - 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 .."" - 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 6 ,1"'" CITY OF ASPEN B<JlorlID OF ADJUSTMENT ,'" - 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. 2 , " 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; '-" ',J '.". " , - , 73 Smuggler Grove i Board of Adjustment:Proposal- Revisions & Alterations To: , The City Of Aspen: I i <<: Mike Seguin, Sarah Oates list<: August 15,2003 S.bied: 73 Smuggler Grove. Lot 5 I 1 I I .. ~ I I From: Rally Dupps of . Consortium Architects (Representative) AooHl:lInt'. Information: Mike Seguin 503 Dean St. Aspen, Colorado 81611 ph: 970-618-6546 '.---" . 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.""'" '" ~.".. "" """"" -~. ^' , I Sent By: consortium; '--" '-.~-_/ I .. ! 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 I .......-'. 970 925 6797; Aug.15-03 4:09PM; Page 3/4 3. 4. 5. 6. 7. 8. , , I .........../ '._.1 Sent By: consortium; j,- I :- Page 4/4 970 925 6797; Aug-15-03 4:10PM; ~-' 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 ! 1 I""" "- ...., --- '-l C/) (.) '" m 3 G'> c "0 <C <C C ... 0 CD ~ ., - '<0 <0 ... (") Z 0 ... <C .~ 'co CD ., 'N .c.n:a 0 0 =. p VI ..0) !:D < "ill :J VI ~... ~ .. 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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 ....... - ,..., -- P17 - -- . - - - I -'-"~."."'''''''..-' ... II I .... ... ...~" ........ I ...".................n. I:: '''''......-- ~ --. Ii(!!J!!;!J[tR!!;t~il L.L. J.N3~dO'3A3a3l:l 3t\OHD ~3"W~nWS tl. I . ~ W n ! I J 0 S U 0 :J I ~ N ~ '" ~ '" 0 " " ~ . 0 ~ ~ ~ " .<!' 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'it iEB ~ 1 ~ ~ I ~~ . . ~, -" .- n" , 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 1"" '-' . ~ 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 r"" 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 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 " " '-4 ,-..-.",' 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 , ~. ,'''., /" ...... '-'" , 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) r", "".... /."'", -_.~ - - . - - I ;;:,,':;,;.::.~,'r:' '\'::;~... ... III I rJ;I?~j~;~;2i; --.., ... I:: ''::...-==..-:- ~ u.. lN3Wd013i\3CJ:nI3AOH9 }BlDOnws Cl I ~ W n ! 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Sent By: consortiumj ! ..-c 970 925 6797; Jul-15-02 2:41PM; -~""); ",", Page 2 . ... *' 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 } ----,', 970 925 6797; Jul-15-02 2:41PM; ,...,......~.."".., Page 3/5 '-' >+: 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; '~,- '-' 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. 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; , -.,. , , ,"" 970 925 6797; Jul-15.-02 2:42PM; Page 5/5 ~- 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 r , , ? 970 925 6797; 4:~.sco J']:e 4A>,e r-'- I -.....- -- i Vn~/7'r .----._ ]' ~- -'-- -~ --.-- 1 j r--._ I I -...._._ I i ....- J, .....-_. --, Ll._~.~. fIOONT : Y 'T"~~! ~ : AC~:.:'R( 1!lJI1.OlNos I!!IIVI!l..OPE Ii 1 /:: I ~ : ! I ! 1 I I I I , I I -~'- , ..., .~! ~~""' $}/ ------, . \ \ 1 Yi R!!AAYAAD \~ \ \ '. -'~:~ I .\ /. ,/ \ / \ i \ ) / \ \ , ./ \- ;' /' ~Lllo.l: .J' ::---- ..1\: .,/ / ;'\. I"" , .' t "", ,_ / ;' i '.,U, . I /'''''0. , . ,~ , I , I i \ I \ \ I \ I i I I \ Xi, - YAAD . ~,oa:; 1 \ \ \ 1 i \. \ I i \ I 1"'~'.-1 _.-- \ 1 i \ i \ \ I ...- __ i -.. 1.0T 4 1.0T 5 ~-3fUGCLr:R , ,.- / ,.- / ;' / ;' ,.' ..1'./ /// {/" .( Ii ,. I / I i/ ! /1 I 'i I / --'_./ l-,_.J i / I i/ - I' -.J / CR::::~]-/// ~J'-O' """NT Y -.rJ serelAGK ;' / ,.- / " / / / ;' , ;' .' / / / / RESloeNTlAl.. OOll.OlNos ~ \.. r .. ,/ .9! SJi / r-'i,.. i --.-_. :/ L _.../ --- -.--.--'- .... ~1Oe Y'AAD ....-_. ~ ....-._~- NOR.T>l ffiO SITE !"LAN - -"U...Ol"EO Ilell . ,'..0- J u1-1 ~.,02 5: 23PM; Page 3 ... :0 '" 'Ie o :<> .., '" :0 ~ "" '" -- Sent By: consortium; " ",,' 970 925 6797; Jul-j,^,02 5:22PM; Page 2 ! 1: jol : S :z ~;;.~:,.". :~77 I ~~/' I , ! 1/ I ~ I LOT [; ./ i / I , i ~--= I .I / I I j / / I / / Non:, "I'!!! PlAN '*"'~/1! /' j!/ 1'-'" '$ N'PROXIMATlON - ReF, I' ~i( "I""'~. / r"" !!I..OtVE'f FoR EXACT LOGATlONS : I ' OF L.DT ~IIE, ~ NO . " .t. '/ X, AU....ITl!I~ I! ,~., I I / \,-0' , , , I. . : .' ill' , _J Y i J "&~- ,/ . /1 .~ >-._.J. L, . I~ GRlJ$OEl:> 1'lOAc>~: / 1{ eASe ........Vl'I.. DRJVe . I' -'-.J I SMUCCLER (;ROYE ROAD! /rP I 'I' i .I \I '-..J...../ t i ri 1 I \ \'-0' \ I ~_""_::::I: P..".~ \ \ I I I ~ ., --~ . \ I I I _-c-- , '..J \ ~OGATlON ~OP. Ioe'I '-' --.... - -- -r ~ P'Ol.S- aJIlUeD I .r-,., ..... ,--- )/\~~INI!TO I I - ........ --........ L' \ Ren.JIIiitN TO ~ tSACil..ND . __.J -..... I "':"\- 1 I L_.____. Il'~~~ ", '... _l/ V '. "'---L I -'- \ -........ / / .v~J'C / r-,,,< ';774' I ;'..... ".... 4tAr,e i "./ --.-.......1: ~~ ~.- i / 1-.i -'-",_, \ ! / .'1', 1_ -..., I r-.- ~i .'ILI.,..,.. i \ ! I Y'-_ I ~ \ I ,j _, I '."\-. J...!--..,oe"fNlD 2'TBAG1< . 1~/ f -""-', --, I LlT'IWTY ~ FI'lOKT"fAAD A -1 r--------------~~ -~ \ ~ vi! ~MA6e~\ ~ y~"fAAO I ~ , ! i~~i I 1 \ .\ I,J'-S' I ~ / \i LOGATlON I"OP. ta't , allU:>~ """-Itoe I' \ POI'eR POL!l- " 1\./oII<lOVI!!6RO<IND~ l' .!k WNE TO I!I! ......,El:> oJ )A """"""X1HA-re ~LOCATIoN OF .~ . \ \ S&eR LiNe I'---~UTILnY I . LIte> I \ i \ \ I I \ \ \ I \ i I i , \ ... "" '" It:. o ." "" b ";0 ~ ~ ~ o ~ LOT 4 it I{ I . I /\ , I \ , '-- \ \ ,r . __\,\..__ ~ ( .., ~ \'-!l' 1 \ !M1<Y I LI~ ~OI"f:R LINE TO w= ~W ,A,GR095 ~T'r'" !lUIL.OIN05 OUTI..ne LI6H"I'Y'el.l. EBo sire PLAN -~ 11611 .11-0- ("" ....... '''", -'" I I I . t I I I I I I I I I I I I L--l__L___L_l__________i__J__~ ffi I'iEST ELEVATION - 1/41 . 1'-01 ~."k...~ -------.,--~. 116'-0' ~ T'O.f"L......,.", ~.llO'-C' ~'''L.MNN -----""---c.J:V.IOO'-o' , T.o.I"'.!:...~ eL.ew'."IO'oO' "i3 p; -t) C5 ~ m " lOr-:; o rnm D DO ,... "- rn rn m :) i IJ i I I I I I I L_~___________ __~__ EB NORTH ELEVATION - 1/411 I: 1'-0' m o i i I I I I ___j__J ~.P"L...~ -----y-- =.e....:"'iiO,~. ~.,.!::....IJI"'/""'!:l -----Y--l!:lZY'. 110'-0' ~'''L. MAIN -----Y--l!!lZY', 100'..00 ~'''L.J..OIl''eR ------..,---- elZv'. "10'..0' ~ ~ ~ ".,., '-' ,. .." -- m m m -+-if.~. ~ ~:uc'o<). $ TO.I".!::.._iJI'"I"e'l ~.IIO"-o' rn m m m m TO. 1"1'.. MAIM a..l!VTOO'-c' I 0 I I 0 I I I I I I I I I I I I I I I L---_l____~________[____l____~ -+-if.I"Lel...Ol<"el a...&:V.'IQ'-Q" ffi EAST ELEVATION .. 1/4- = 1'-0- 3- p... --1)_ C> ~ r- """" m o HIE ",.", - ~ ~ L> * ~._TD.~.~ -------,---- eLEV :Iii'-o' ~.,..!:...~ -------,----~. 110'...0' -----.J.._T'O. ,.~.. MAIN ~~.IOO'-o' I I I I I I I I I [-----_l_____J___________l_~~~ EB 50UTH ELEVATION - 1/411 = 1'-011 c "'''1 - 12 ~:::::~ 12 e/ // II ~Ie A ~ I I I I v;: 0N I I I = T 1 I III I~ '" J::('f I1II III IIII ::-.... /'" ,I III III III W 1= = == = == - = - ~ = - = = = r== - - r== = 1= ~ - ~ r== ~ = 1= r== f--- t________________j G c:;ARAc:;E SOUTH ELEVATION 1/4" = 1'-0" ~.PLATI! -----r-ELEV.116'-6. ~.F..:E.:.....ADU . ----r- ELEV. 1l0'~. ~..o. C'&.tiC.. 6~ -----r- a.ev. 100'-0" II ~fI ~ql .r' ....... 1:2~I:2 e~(I !I ,-.:=le A r---::~ -:~ !If II/. ~ /0~~ ~I'I' I ""rm III III III III I I, D DO D ~ II rt" ~ = = = - ~----------------~ CD 6ARA6E EAST ELEVATION 1/4" = 1'-0" ,t< "" '-J ~,PLATE -Y--EL.EV.1I6'-6' ~~.o. Fj=~. ADU -Y--ELEV.IJO'-o- ------.J....__T"O. ~. .. 6A.RA6E -Y--EL.EV,IOO'-O' ~ ill ..6-~ 1"'", '''"'' I IP--: 12~~ e~U I 4u ~U1 III I .......~ III ~ I II I II I I I III I U U J... 1111 12 ::le ~ /h~ ,;, ..... t)::-';;;::j I IR:':--. I III~....... t________________~ CD 6ARA6E NORTH ELEVATION 1/4" = 1'-0" ~o. PLATE ~ELEV, 116'-6" ~.9. P..Lo ADU --r- ELEY. 110'-0- ~.~..6ARA6E - -----..,----- aEV. 100'-0" I" ' -- 12 ~~ 12 el~r1 11 '-::le //' III ~ II I~'" I III I 11/' ,0 ~ I I III ~ :1'11/1 II ~r1Tl fllT ~ 0Tl rill 1 III // liT T fiT o o ,1 rtt',- IlT I~..... "1IT1T T '" t________________j CD GARAGE v-lE5T ELEVATION 1/4" = 1'-0" g+, ...... ~. Pl..ATE ~ E1..EV:Ii6'-6. ~__I.O. F~. ADU ~E1.EV. 110'-0- ~. C&2l::iC.. cSARA5E ~a.EV. 100'-0- c ,...., - ,... ~ ~ ~ iJ ijj Ul :-n . iJ t.l Ul ~ lDl~ (lI ~ ~ (lI -n ~ ,... -n ult.l~ ~ -; > ). 0 ). I~(\ ~rn~ /0 - --; -; /0 ~ iJUl-; Ul \J1'nQ !)I (lI (\ N (\ -n-nrn ~ ~ !)I ~ f Cl' >>-n t.l ~ ~ > ,... ~ ~~~ \J1 ~ ~ 0 Ul ~ > Ul \J1 :-n -; 'n ~ Q Q . :n z rn O'i Ul -n -n ). -n 0 ~ 0 ;0 ;0 ~".~ Ul ~ Cl' ~ ,... '" -l>- -J ;;j !,! rn :r .ll '" \J1 .llCl'Ul Ul -n > ~Ul'n~ > ;,z :-n :r "11' . Z ~ :n ~ iJ ijj ;0 Ul I ~ :-n ~ Cl' t.l U1 Ul ~ i Q 0> -J Ul :-n r - .- - . 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 .. ~ "'", l- ii sso~? r" .......,... 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 ,~ '- -~ .~,-.-VZ.Z- Buzz Quaco, Staking Engineer BQ:smh St~r1il\qll.'C1\dupps r" - .-. -- lo.,;;":':'-' T": '7.,l".II4 O~S" I 2.111"11 tl~V- { C'+1,f1 A-spt'l u ~ I r MJ-vsh~\Mt- 12~ ! T3 .g'M~.o1w- 6~ td:t/J.d- {J,,,. iJ~V'jM1ce f~N\ '. 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M~. .F,M''-. :;4 ~Qh.l~._~/1QoM-!v~t--~~P'r~\ ~\.4t . WI~-\wI.-~ ... ~'ilD,^l<~~.. 'r)l)\~:~ . ~.j-ly\L-\4t.----.---; ______,___ ,'__ \ .'';; \.\n-' ilJ \~i-l-j---q~':--------'--'-~IJ.r-~~~--h~ tt ,V'L._ pe.T"n-n~L..n'0'rr~,,~~,~_~-~v'SM~-.L:1'\I!;q 1 . ~ ... ~l'P ~ tef-"'hi O\,l.~ r'~!'h':;-". yr_J~~v-:.?t.~~~,' A liSt..f mnM~,'hi1Yl"'l av?'.e,rMft!.({1'1'.1'fb_!lSL~~~ _Cil~Cm~.!.!:.,,-f..,. '., .... S'ti~r.(~',_u_~_~_~__' . L ~ , ! I i ! ! ; i r:"'" .e!H'\~2. 'l"''1'- 1/'2.. _._. ~_ _. _,_.. .... .k........_. _ __"__~_'_'__n_________.'__ , , ... .---,u--..'.-.-..;.---'----'-----'-l · : I : i I I Ii! I , I I! I ! __ _ '.. 'RECEIVED q_~__,______q,__,U AUG 152002 ,. -,,-~-.. --:'- ~ ',~_.--n-n1\SP-- . i BUIlD' EN 7i>' . ,NQ DEPARTMEN Ii; ! I T A. ...__.__....__~__ 1__ "'1"\ .'__.L 11'11 .-..___.. _ n 11 _ A____ '-_1___-1_ n1~11 _ ""''''1"\ n.,~ n"n' _ r_.. ,......,,... ^....~ n,I"I'"I ('" '-' ""'" - bl \4\n. 1"4)' '2./-.... 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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) --~ ______TWlIlf ____TW____ --.---- 1lU.__IICl_"__ _010_"_ 1~'lIoawcnoo'JrBdri -._____110- I ;;;..'1;';'::.':1'" ....... ------- -- ;w;MJElOOl'\lIWrL I 'I'~' .,.,"\.. ...~. '::.':::~~~ _Ul lN3Wd013A303l:l 3AOHEl H31ElEln~S 1~~g~~19g~i~1 II i I- U EL ~ I .' m C w n ! l J 0 S u I I ~ ~ -- 0 0 II! 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N it' ~ 0 --l ill --l 10 ~ o --l --l <( ~ I f- 10 10 lU --l u.: Iii l'l tr t! n.: Iii 0- 0- N III n.: Iii U) ~ 'ooV. v ILlL n.:u.:<Ji<Ji . 10 ell r- III 't 0 ,I) iii 00 !!:o-NIll it' .. <( it' it' 1i1L<(<( <(WlLlL ILl!) l,l~lH~ ()<(::>f- ~1!)~8 "'.C""' 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 r" ',-, {II"'-, - Jb: ?<lv-,Jot O~> I Z"I1Il1J ,,~V- k c,.~,p ~~ It MJ.Yah1.u~t J2.~ ! 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"It" P'~.tr;'"' .', VI~ \e..t+Cv:~:f,.te\-u.wo(, _' A \~t elf M~,\him"'lav1U...tISi~m~mJs'..~~t..4i!lw( ~,.~()fil ~~ ~~, I ~l \410:' l\"~V'2- ~Lc- ~~. k ~wi'i~Jwl@~~h\?V)_ Sf\ll~V'eA11 M-~GV 1 Nl1it-~~ 1f"\'~'C"~' rtt!-. ,,_ ~'/~ ,.," ~ \1: ',~ t"',~ ;.""11I ~~ - ,""'.. iJ ~i' .1,,,,, J~ 1;' AUG 1 I) 2002 c- ',-- - - ASP ',' . j 8UILD1N EN . i d . G DEPARTMEN , . ,T AI Beyer Design Inc. . 410 North Mill Street . B-' 1 . Aspen, Colorado 8'6'1 . 970-925-8339 . Fax 970-925-8392 ,'""" - .", "'" \<~;. IQ 5W\IAQi\r 6~ fylol"" M uti.... hi 14\iI1.. rol(' '1./"- A-aUi~~1 ~~s .tL,Q"lc.eV,ISf()I" Jkrt4(:WJ: , t ; . " . , _L:::;1N 4-\Yut ~~rt' .~.. .~,.~ '. p.-i\It .,...,'? ~v1,lt,(~Lt.f~~ ~I r di . ,10 I set~~ f1}U'Ibc..~C017rs~t ./I.2kth~l/" bwlJ'111f .~~'~S~a~~~} ~f~d11i~~~ti~~~~~I~ \Mt. . '2. - ,- 4= " ~.. .. k&1jV'(v-€ ctv'tVt 1$2It~V\e\~~ .G\~ l~<;'ljI4uGJI.r .cSV)ve o~ W./){e ~4\.~_S~~1?il!~~~ .."Vlo-..?s hoW! wens ~I ~'(1 (J~' t.ae./o~ ~~I);aiJ/~~y{_J~Jn#s ...gf1f -fN PVIJf'Vi-; I~ ar~. Il\'~f'.., fflWlfkLe1~.l?t~ ~e(~1' s~ COVl<?1-vYl-tl"'" w.l1<f1A 04..t~/It~v ,{k."?~~lld"1OJf Av..tl41rJJe \)~. ~ ~~. h5VltwU\~ ~-knMeA").?M ~.~ ~I~:(m/~a es' 5l-+I?i.d.. dots t1!)f le<.\.1..t ")j~lJ-~~ .~.~uj~~I~6Jt.JS te \?~~ tx uf,h'it ~~r: ~'ir.~~~~\uJ ~~~/~:" '0/,1(1( .~,.f )JIM)i4 ell." t a<:.~_M_jM>jP"~ ,.fr>ve/au\e-/bIW'~,. -f1-.e poWtf't~. rJtiliH"h~~j'5~1N1~.~rrnh "1 ~1~h~W tlMr,('1f~ -r4 blpy7\~ . 'l'~plte$' ..1Wk ~.~~_~t~ \~S1. kutloy;~f u.. ~l~ fflY'll d...,*,,, , .to. ""$.e-.~J4 _~l~fIl\a)- UMrl-. ihl:J I'> veJI/7 ~I\ I1pt~ /VI ~1~,G~~I'V\o*~'!-f"!:t~ .reflMtA~'f 1)..'07-' h~<'\rj,>1";t) f1Av~ I mve ., S' t'lD 1,tt~~k4.:.~ Pft.!ll'k)d .,1-1'~ ~~IJ V)Ot ~. -, ' ...~S\\t~ IVI -tk. ~'_' " A m\ e~~~ si~ ~r %~M-Vh~s~p\"O~< is ~~IG, fJ\j,'Cv\1ATtf.; ~60\ ~~-\-t- ~lts ~~k \$ 1441-"'~tlf ~ A~fiWI ~\01.\""'~ ?\.t,,,. ,This \fr\- Wk-.S r-trcWw{ <:\It 11. J.f'il~teM_ ?1"R:4(~\~ -It> ~ wvlttt) DeCbIo\~ of ~ CPI~~mCOVl,(fh)]""_,.6~"$I"1 ~'I.\a- ~t-~tM. s~ , ~f~r~Jh~~r~F~~mSi1~~4~Rf~'~~f~:~~~~~~ ~voovr'16Nl ~~ ~ 'l"S'+lU' ~ \.01 t5'6""t~",".) . AI Bever Desiqn Inc. . 410 North Mill Street . B-11 . Aspen. Colorado 81611 . 970-925-8339' , Fax 970-925-8392 ~- , o Aspen Consolidated o 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 '-- ...... -,..~._.~.-.."~~'--"-~'" - "-' . >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. ,,-~",,_~~,'"-"^'- "'--'"" . ' / 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 . i \. ,. \ ., .' ....,'"" , 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 . " f""'. '-" 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 '~ ---"" ,., I . '" hemornndum '-, ../ 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. " k C'\)'-, h 't3 A S~v..s>lcl- Gr-o v!.- 1 08/15/2002 THU 08:03 FAX 141 002/002 ~ ~, \..".... ......" 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; /" ~"'" Page 2 ,'" - " 2~;~~~7; ~ HI<:Nr! i / ,. / ,. LOT 5 ,/ i / ~~ / I / I /1 : // I Non:,~I~I'I.-"N_ ! 1//1 1& ~XIMATlOIl - _, : / . ~1'lI!1~ . . '/ !!lAtVE'f _ EXACT LOGATIONS 1 I . Of' L.DT LItE. EAfe ~ NO ! I ~ '/ AlJ.&I~I~ I,.j' 1 . 1 I I \'..0' I /. I . 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Z ~ . ~ ~ ~ ~'" ~ ...,'~ \....,. r- ~ ~ iJ in lfI ~ II ~ lfI ~ ( , ~ - ~ ....- iJ 1 in lfI ~ ..... i ~ -i lfI ~ Ull~ -it..) ~~ iJlfI-l UI'nO ~"'"~ 1J1~a- QUIt..) lfI UI 'n lfI . ~ (/I )> ~ !)1 a- t..) UI lfI ~ ~ a- t..) UI lfI ~ 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 .r'. CITY OF ASPEN BO~d) OF ADJUSTMENT '""" 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; . 970 925 6797; Jul-15-02 2:41PM; Page 2 *' 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; Jul-17-02 11 :39AM; 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 , (t'~~ ,.g", " 0 do ~ "'", ,. fI Hall" '''"-... 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'" "-" """ ...... 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 "".... - , ....,.."'" 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 *' - '-' 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"" '-' 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; ,.... ......... 970 925 6797; Jul-12-02 5:23PM; 'Ol... Page 3 " SMUGCLBR ~~.- , -. . / . 5JCII!!! YARD .Pi.-----r\ ~ 01 . -i \ , I. \ , . REAR. YARD y~ \ I. -'~:~ 1 /\ ,/ \ I \ 1 1 ), / \ , 1 ,I / \ SEJ1!R I ./ ~LJIC , .I / / \ . I / 1 : .I ."....,"~ / /' \ I "~ I 1 >- : / /",' .1 i:a I I /' 1 ~ I / i c i / / I :<> I iE \ "" i i././ \ ~ : '/ '/ \ ~ : :/Jt'/ \ to> ! f ,/' \ : /i / / I . 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I Y' -,_ I e..-._ \ I' -'''\_ -~. ~Ioe YNiD!I!TiloAGK. ~ 'O'fo;/ f------- --rrlfTIUTY ~ FRoHT YAAl> A -1 r--------------~~ --\ \ ~ r i I ..~~\ ~ y-~YAAD ! I ~ , i J I If I .-qi . 1 I - I 1 I ! I I /\\ I I, ..'.s' I \ I i LOCATION I'OP. NEl'l I ' allU>lH6 Clln.INe . I I paveR f'OL.!l. I )- I . Ii/' NXNI!. 6RaUND I"Ol-eR ! I: Y ~ LINE TO .... .....1Ee> I ~ , 1 ~ . !!i h~ ~ ~T::::~--7'/; ..J jA -"><I~n:; I I ~ v ~../ I ~. LOCATloN Of' I I ~~ I' MANHOl.e I I /. i ! I / \_ : I I' loiN!! LClT5 I / I / ! ~..= I .I / ! I I / / I I /I I / Non:;, ~ITI! f'l.AN SHol'l<! I j!/' I / . 1'-!l' 1& APPROXI~T1ON - 1OeI", I' ", ~ITe I~. '/ r'i,., ~ FoIt EXAGT LOCATIONS : 'I '/' X OF LOT ~1tE. ~ NO, i AU. ~ITI! I~ :.1': of/ \,4 / \ I I. I. ' I .I I I / I I _J Y I {- ~~--J.- / '/ I .~ i-._.J. .~. i / 1'1" GIOISED 1O.O,I\t> I, 1{ I aA2eRA~ORJVe~ /' ;:. i~ -.-.J SMUCCLER (;ROYE ROAD! ! I I / --J.-./ I I LOT 4 , //- \ \ r,- ..II I " \L._- ~ '_oJ \ t \'-!l' \ EN'TRY I I I i ! \ \ I \ \ 1 \ \ i 1 \ 1 \ "" :<l l:1 'it: ~ .. b ~ I \'..0' \ - .....-~& \ \ \ ~<'--., ~w . \ I 1.0GATlON"~ M:H - -----.' - -- -(-J \ POI1!It PO~ ElJIIIi:.IED r-_.__ \-. --- )/f1"Ot'el. Ute TO I I -~~ ---_ L I \ ReTVRNTO~~ ' J ~ I "':''\-, I L_.______ II'~~~ -- _~ _II v \ ~'--L \ -'- \ ~....... NEl'l LOCATION """-lITIloITY~l'IS \ I \ i , \ \ \ \ , \ ....0.. - \ I-- I \ ~I~ "O/'ER lolNE TO =e: ~ED ;....c.RoSe f"'ROPERT"( !lU1l.D1N5 Clln.1N!!! LI6Im'El.l. ffio Sl~ PLAN - ~ IlbY . 11-0' fa m ,-.. '-' ,...., ......., I I I I I I I I I I I I L__i__L___L_l__________i__J__~ ffi I'eST ELEVATION - 114M. 1'-0- -----.J..._Tp."b....~ ----.,---~. 116'-0' . TD.I"'L.~ ~.IIO'-O' ~~'''L.toWN -----.,.--- azv. IOO'~' $ T.o.,.~.~ ~. 40'-0' f"" ........ ,......",- '-" i:l 121:; 0 mill -----+-ie- Pb.... ~ rn 1!!Z\I.1l&'-o' -----+-ie' P'L- ~ aEV. 110'0.0" m D m m m DO -----+-ie' "L- MAIN ~. 100'--0' i !] i 0 I I I I I I I I I I I I I I I I ~-~----------- _ _ _l_ _ ___J__J -----+-ie' P'L. 1...Ot'I!R ~.'IO'-o' G) NORTH ELEVATION - 1/04" = 11-0- f'" ........ "'. ...j' rTTflj 1111111111111 III II 111111111111 II 11111 111111111 III II 1111111111111 II 11111 II1111 III IITIIII IIIIIITIIIIIIII 11111111111 II IITIIIIIIIIIIII III 11111 IIITII 111111 fl11lT1I11111 ITIIIIIIIIIIII 11,111111111 II III liT II II liT 111111111111111 I II 1I1111~ II II 11"1111111111111I"1 ,I TlTI 1111111 II IV......, 1111111 ~ II 11111 1111111 I ILl .~"I II 11111 III. ~IIIIITIIIIIIIIIJrt1t1l1l 11111 11,1 ,~ ,III II II 1111 ~lJl1" 1111TI II' III II II I II II I II. ~'<J II II II ~ ~"1111"1~ ~ "~ ~ m m m~ J.. TD.~.1A"PeIt 'f' ~",r.i"iitl-c" m m rn m ~ J.. TO."l',.UPPeR ~ =.zv:liC'-o' rn~ ~-- rn== J.. TD.r'r..~ el.Z'(:iOoo-o' I I I~IDI~ I 1= = I 1= ~ I = = 1= :::: I I I I I '''IDI~ I I~ ~ I I~ ~ I I~ ~ I I I L--__l____~________L____l____~ ~ TD.r'~.~ 'f' =...ev.~-C' G EAST ELEVATION - 1/4- lIi 1'-0" c rn m o ffim ...... ......1 ~p.I"'I....~ ----..,,----- szv :Iii'-oo ~."'..t.f"PeR ----""-----Cl.!!V...O'-Q" ~. ,.". MAIN ~a.EV. 100'-0' I I I I I I I I I [----__l_____~___________l_~~~ EB SOUTH ELEVATION - l/411 = II-oH 1""', '-" 12 / ~:::-. 12 el~ r-; :::le A ~ I I.P::: jJ .1 I /h' I ~ ~/ III llfl !'r.;~ ~ II IIII III III II~ ~= = = = = = - r- = = = = = = 1= 1= 1= 1= I- - = = - = - = - = - ~ I- t________________~ u GARAGE SOUTH ELEVATION 1/4" = 1'-0" ~o. PLATE ~ELEV. 116'-6- ~. F..:E.:..... ADI.J ~a.EY. 110'-0" ~. C&HG.. 6AR.A6E ~ E1..EV. 100'-0" "..... ........ 12_ /~~ 12 elijJf II ~ Ie dTIll T ~ II II~/"'~ IITIIIII ~I ~ :lJ.111 III ~ ~ ill I III >' _______/if I II III ~ / :::((T II ""C== I lilT I II I II~" // II I II I II I "" ;- [j DO o = - = - = - = = = t________________j C) 6ARA6E EAST ELEVATION 1/4" = 1'-0" , ~.o. Pl.AlE --"----aev.1I6'-6' ~. F.F.. APU ---------..,--eu:v. 110'-0" ~.~.. 6AR.A60E --,.---- a.ev. 100'-0" ,..., ,..'~-\ ,-..I ....-.1 , 12 drr~ 12 el~rlll 111~le dr11 III 1III ~ p'-"".I I 1/1 II n 0-/ I I I f.-: II/II III '(; II II L I II I II" r- I II ~~ If'F: IIII~ " J 1:::;;;>:011 . I /~III U ~ /.' 111I ;"" ~----------------j GARAGE NORTH ELEVATION 1/4" = 1'-0" ~o. PL.An: -~aEV. 116'-6' ~T.O.FL..ADU ~EI..EV. 110'-0- ~T.o. C&2JiC.. 0 6ARA6!:: ~eL.EV. 100'-0- II ~ ....J::11J /.... ,II ,r""'" .......-/ 12 d~~ 12 e~'111 II ;:le Ar III "~ I~ II IIX ~~,,"'- //.... '" "" I 1i1 ~ III I III I I III == III I~~ == =~ o o t________________j CD 6>ARA6>E 1^lE5T ELEVATION 1/4" = 1'-0" .-"''',,", . , ~_T.O. PLATE ~E1.EV. 116'-6M ... J.. T.O. F..:!::._ ADlJ ~a.EV. 110'-0- ~. C&:;lliC.. SAR.ASE ~EL..EV. 100'-0" i o II> -J (j\ :n r ......'" ~ 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; !r"~~~ '7g", ., 0 .~"" 'f-" il SSo~? ("" 970 925 6797; Jul-17-02 11 :39AMj 1*"";\ J Page 3/3 .....,J 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