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HomeMy WebLinkAboutlanduse case.boa.173 McSkimming Rd.005-02 ......_-~"",._---~-~...~. . ~' AGENDA ASPEN BOARD OF ADJUSTMENT THURSDAY, OCTOBER 10, 2002 4:00 PM SPECIAL MEETING CITY COUNCIL MEETING ROOM ~/'--- I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES (09/05/02) III. DECLARATION OF CONFLICTS OF INTEREST IV. PUBLIC HEARING i) ~ / ,~~p A. Case #02-05, Martino, 173 McSkimming Road: request for a 15 foot front yard setback variance for the construction of a single-family residence. V.. ELECTIONS VI. ADJOURN - ",.OnCE OF PUBLIC HEARING ~- ',~-,,~ CASE #02-05 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: October 10, 2002 Time: 4:00 P.M. Owner for Variance: Representative for Variance: Name: Ema and Larry Martino Scott Lindenau Studio B Architects 555 N. Mill Street Aspen, CO 8161 I Address: 3444 Riveriy Road Atlanta, GA 30327 Location or description of property: 173 McSkimming Road, Lot 8, Block 1, Aspen Grove Subdivision Variances Requested: The applicant is requesting a fifteen (15) foot front yard setback variance for the construction of a single- family home. 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 ,.~ '" MEMORANDUM FROM: Board of Adjustment Joyce Ohlson, Deputy Director ~ -S'D Sarah Oates, Zoning Officer TO: THRU: RE: 173 McSkimming Road-Ema and Larry Martino DATE: October 10, 2002 -------------------------------------------------------------- -------------------------------------------------------------- SUMMARY: The applicant requests a front yard setback variance for the construction of a single-family residence. The property is currently developed with a dwelling unit. The property is zoned R-15B, is accessed via a private road easement and is subject to the following requirement: 26.575.040(B)Required Yards Adjacent to Private Roads. All required yard setbacks under zone district regulations are based on distance measured from the right-of way line of a dedicated public way. Where there is no public dedication and the lot line extends to the centerline of the right-of way, the required yard setback shall equal the distance specified under zone district regulations, plus an additional distance equal to one-half (1/2) of the right-of way width as if such private way were dedicated for public use. One-half of the right-of-way width is fifteen (15) feet and the setback requirement for the zone district is thirty (30) feet. Therefore, the house is required to be setback forty-five (45) feet from the property line. The applicant is requesting a fifteen (15) foot setback variance so that the house is thirty (30) feet from the front property line rather than forty- five (45) feet. The parcel is a 18,643 square foot lot with the fifteen (15) foot wide road and utility easement in the front yard. Lots 16 and 17 of Aspen Grove contain the other fifteen (15) feet of the road and utility easement. Access to these lots is further up McSkmming Road. The existing house is located approximately thirty (30) feet from the property line and two other houses use the private road easement as access. The property contains slopes in excess of 20% and heavy vegetation including trees that will require tree removal permits and mitigation from the City of Aspen Parks Department. Please refer to the attached drawings and written information provided by the applicants for a complete presentation of the proposed variance. " " ,~.- APPLICANT: Ema and Larry Martino, represented by Scott Lindenau of Studio B Architects LOCATION: 173 McSkimming Road, Lot 8, Block 1, Aspen Grove Subdivision REVIEW STANDARDS AND ST AFF EVALUATION: Pursuant to Section 26.1 08.040 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. A smaller variance is possible on the site. 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. The applicants may redevelop the parcel within the confines of the Aspen Municipal Code as other properties in this zone district have done. In terms of unnecessary hardship or practical difficulty, the applicant faces challenges in re-developing this lot but there are no regulatory standards that - ..... -.,.,,, prohibit development on this lot. Most lots in the R-15B zone district are heavily vegetated and are sloped lots therefore there are no special circumstances which are unique to this parcel. Further, all lots in this zone district must be setback thirty (30) feet from the public right-of-way, therefore, granting the variance will confer special privileges to this applicant. In that the property is already developed the applicants have proven that difficulties do not preclude development here. ALTERNATIVES: The Board of Adjustment may consider any of the following al ternati ves: ,( 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 the construction of the single-family residence 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 the construction of a single-family residence finding the review standards have been met." d :\home\saraho\boa\2002\ 173mcskimming.doc ",........ "",..... RESOLUTION NO. O!, Series of 2002 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 02-05 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 173 MCSKIMMING ROAD, LOT 8, BLOCK 1, ASPEN GROVE SUBDIVISION. WHEREAS, Erna and Larry Martino made application, dated September 4, 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 October 10, 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: Erna and Larry Martino on September 4, 2002 for property with a street address of 173 McSkimming Road, 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 m1n1mum 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 the construction of a single-family dwelling unit. APPROVED AS TO FORM City Attorney INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the lOth day of October 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 JUL. 17.2002 9:45AM-CITY OF ASPEN ,....... /,''''''- NO. 4790-P. 2 "'...-' ~ THE CITY OF ASPEN BOARD OF ADJUSTMENT APPLICATION PACKET DATE ..,(4--( PZ. 20 PZ {7e.NA-+t.AtLp...,- !oAAp."-'1'I"'O APPLICANT e.rrt. "7t;W (..INl>6'N'AA ($'fVDlo r., MAILING ADDRESS C; '7 7 N. ItA' u. C;,.... OWNER CLN A: -sf tM-~'-(' tlN'\-f-n IQ) CASE# ~- 05 'f~ Q4-z.e PHONE '+SP6'N , 4J ~ t It Lof PHONE 404' '?171 r;'7-:rz, MAILING ADDRESS 74-4-+ ~\I/ee.(..y ~Itl> k'1W'\7v"t& ,0:4 ?c1'7Zr rH f\.C5~IMM/~ PoA-P . LOCATION OF PROPERTY t-OT e. 8'ut:::.~ I ,tsr&N' f-fi!.dv-v Svf?DNI>'~N . ( (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL? Yes_ No ~ Below, describe clearly the proposed variance, including aU dimensions and justification for the variance (additional paper may be used if necessary). The building pennit application and any other information you feel is pertinent should accompany this application, and will be made part of this case. 'lee- f\Tr~ poc-vt\WivTct. Applicant's Signature ~ 44, REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAPTER 26. AN OPINION CONCERNING THIS V ARJANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF DATE PERMIT DENIED DATE OF APPLICATION OFFICIAL HEARING DATE "..... ....-.... '-' ......... l 1 ~I J ' ~ . arc h tee t s 4 September 2002 Sara Oates City of Aspen Zoning Officer 130 Galena Street Aspen, CO 81611 RE: 173 McSkimmimg Road, Lot 8, Aspen Grove Subdivision Board of Adjustment Application The proposed dimensional variance seeks a request to allow a new residence to adhere to a 15' setback from the front property line instead of a 30' front yard setback. Existing Conditions: The existing two-level house of 1200 square feet currently lies 17' from the front yard setback at it's closest point, (see attached drawing), and continues to a dimension of 22' at its furthest from the front yard setback. The allowable square footage (FAR) on this property is 3,325 square feet. The current un-improved road has 2 small houses on it in addition to the subject house, with the two adjacent property owners being 40-year locals in the same location. The road consists of road base and does not have any curbs or gutters. The contours of the road drain from both directions towards this property, as does the adjacent sloping topography from across the road. The site is heavily treed and vegetated with several mature aspen trees and a large spruce tree. Many of these trees are close to the existing house, (see the attached photographs), and we would like to preserve as many of these as possible. We, the architects, met with both Sara Oates and the city forester, Aaron Reed at the site to discuss and review the landscape and topography concerns as well as the tree issues in July of this year. Continued: 555 n. mill st. aspen co. 81612 970.920.9428 fax 970.920.7822 - .,..... /", ....., Hardship Conditions and Notes: 1. The road slopes from both directions towards this property and there are significant drainage concerns with this being the low point. The property across the road slopes sharply towards this site as well adding to the concern. If we were to conform to a 30' setback, this would be exacerbated with a much deeper depression from the existing topography requiring a great deal of fill to remedy this problem. 2. Because there is not a curb/gutter, the drainage issue becomes magnified with the currently required 30' setback. This problem could be addressed via large quantities of imported fill, which would negatively effect the natural topography, vegetation, and appearance of the property. It would appear to 'fight'the natural grade. 3. Since the 3 existing houses are well within the 30' setback, we are not asking for something that is not out-of-the-ordinary for the surrounding context, nor does this request stray from the Aspen Area Community Plan. This dimensional condition, the 15' setback, is typical in the surrounding neighborhoods and thereby adheres to the AACP. 4. By requiring the 30' setback, we shall lose the majority of the large aspen trees and spruce tree, along with much of the existing landscape material. The property already has easements on all 4 sides, see existing conditions, and the 30' setback requirement would reduce the property's build able area by another 1786 square feet or close to 10% of the property area. 5. With a setback of 30', the garage would either be accessed from a sloping driveway from the road as slope drops off quickly which would again contribute to drainage and ice problems, or it would be required to have a bridge connecting it from the road which would again fight the natural grade and appearance of the site. This condition would be typical from any garage location on this site. Continued: - ,,;.... "-' '.AI" 6. Both long-time local neighbors have expressed great concerns that if the project should be pushed further down the site, that not only their views would be greatly impacted, but the loss of much of the vegetation would reduce their privacy to little or none. 7. If we were to adhere to the 30' setback, the height restrictions on this lot being 25', would significantly effect an architectural solution in regards to not only the street elevation and its apparent height, but the rear elevation as this is where the height limitation is restricting. One would either have to depress the front fac;ade form the street by several feet, or raise the building with imported fill to reduce the negative sectional impacts. If the street fac;ade were depressed by the required 8-10 feet to meet the height restrictions, it would not yield a fac;ade that addresses the street and would appear sunken. This condition would also create a substantial grading and drainage problem with all the contours sloping to the house. Summation: We are proposing that the new residence be allowed to adhere to the same setback from the current property line as the existing house for the reasons outlined in the items above. (See the attached proposed main level plan with the outline of existing house dotted in). By doing so, the new residence would maintain many of the large existing trees, greatly reduce the potential impact on the dense vegetation and the importation of large quantities of fill, avoid problematic drainage issues, and impact the neighbors views and privacy much less than if it were another 15' down the hill. It is our intention that the mature landscape and privacy between neighbors be preserved as much as possible with a new house on this site. This dimensional request is not only consistent with the neighborhood setback requirements, but the Aspen Area Community Plan. This short unimproved road is rarely used except by the three homeowners, and granting this request does not exhibit a special exception to the rules or to the immediate context. Thank you for your time and consideration. Scott Lindenau, AlA, Principal - CITY OF ASPEN BO.-...d) OF ADJUSTMENT - October 10, 2002 Disclosure of Conflicts of Interest. ..... ....................................... ....... ............ ............ 2 Case #02-05, Martino, 173 McSkimming Road....................................................... 2 MINUTES ................................................................................................................. 4 1 ........ CITY OF ASPEN BO.>-d> OF ADJUSTMENT October 10, 2002 Charles Paterson opened the City Of Aspen Board Of Adjustment meeting at 4:05 p.m. with Mark Hesselschwerdt, Greg Hughes, Rick Head, Howard DeLuca, Jim Iglehart and Bill Murphy present. Staff in attendance: David Hoefer, Assistant City Attorney; Sarah Oates, Zoning Officer, Jackie Lothian, Deputy City Clerk. Disclosure of Conflicts of Interest None. PUBLIC HEARING: Case #02-05, Martino, 173 McSkimmin2 Road Charles Paterson opened the public hearing for Case#02-0S- Erna and Larry Martino, 173 McSkimming Road. The applicant requested a IS-foot front yard setback variance for the construction of a single-family residence. David Hoefer stated that the notice was provided and the board had jurisdiction to proceed. David Hoefer stated that for the record since there was a full board, the following would be the voting members on this case: Paterson, Head, Iglehart, DeLuca and Murphy; there had to be 4 positive votes in order for the variance to be granted. Sarah Oates stated that staff recommended denial based upon the review that standards #2 and #3 were not met; based upon topography requirements, which were the issue of accessing from a private road that was the same as a public road. Oates noted that the setbacks were not from property line but from the easements. Scott Lindenau, representative for the applicant, stated this was a hardship because this unimproved road serviced 3 houses, if they have to move the new house there will be a hardship because of the loss oftrees, other houses loosing views, drainage issues and access problems. Lindenau said that the current house was a non- conforming duplex with drainage problems. Lindenau stated that to push the garage down would cause access problems and they would have to fill 14-16 feet or use a bridge to get to the garage. Lindenau reiterated the loss of trees; drainage, infill and road issues caused a hardship. Lindenau said that granting the variance would not cause an undue special privilege. David Hoefer reminded the board that it was a minimum variance that could be granted. Hoefer asked how the applicant came up with IS-feet for the variance request. Rick Head stated that with respect to #4 there were easements and a 20-foot ditch. Head said that utility easements were not unique to this property and that there was no hardship. 2 CITY OF ASPEN BO}.",,(J) OF ADJUSTMENT October 10,2002 Howard DeLuca asked for letters from the neighborhood. DeLuca said that Lindeanu worried about the neighbors' views; he asked what views would be impacted if the house were lowered. Mark Hesselschwerdt asked if this property were subject to the residential design standards. Mark Hesse/schwerdt said that this seems like the design could be different to fit into the setbacks. Lise Bodek, next-door neighbor, stated that the applicant never spoke to her; she stated that the road was not in the right place. Bodek said that if the road were moved then there would not be a problem. Lise Bodek said the new building would not hurt the views; she said the lot was clear-cut before the Martinos bought the house. Bodek stated that if the side of the hill was watered then the trees would grow more. Bodek said that she can see from her kitchen window and that they were making more out of the vegetation as a problem if cut down. Bodek said that there was serious drainage that comes down between the 2 lots. Bodek mentioned that this road could also serve the 5 lots owned by Jones. Lise Bodek stated that she was against the variance. Bodek said that she also had planted evergreens, which the tops were cut off but that was before the Martinos owned the property. Lindenau's assistant said that the photos speak for themselves about the number of trees on the property. Howard DeLuca asked the number of parking spaces required. Sarah Oates replied that 2 were required. Rick Head said that after reviewing Scott Lindenau's hardships, they were all subjective and aesthetic. Head questioned why Lindenau couldn't build without going into setbacks when building a new house. Bill Murphy stated that he was in agreement. Mark Hesselschwerdt stated that this was definitely a tough design issue but it was the nature of the lot and that with more imagination a good product could be designed within the setback requirements. Howard DeLuca agreed and said that it was an expense situation because there were ways to mitigate for trees and drainage; the view situation could impact more but there was no real practical difficulty. Jim Iglehart agreed with Howard, Mark, Bill and Rick. 3 CITY OF ASPEN BOCn OF ADJUSTMENT .. October 10, 2002 Charles Paterson disagreed with the rest of the board members because he said that the placement of the house should be where the applicant requested. Paterson said that it doesn't make sense to move the house down 15 feet because of loosing the trees. Greg Hughes agreed with Charles. MOTION: Rick Head moved to approve the request for a IS-foot front yard setback variance for the construction of a single-family residence finding the review standards have been met. Seconded by Howard DeLuca. Roll call vote: Murphy, no; Iglehart, no; DeLuca, no; Head, no; Paterson, yes. DENIED 4-0. MINUTES MOTION: Rick Head moved to approve the minutes of September 5, 2002; seconded by Bill Murphy. APPROVED 5-0. Sarah Oates stated that there would be a meeting next week on October 17th. The board took a secret ballot vote for the chair and vice-chair. Rick Head was elected chair and vice-chair was Charles Paterson. The meeting adjourned at 4:45 p.m. Jackie Lothian, Deputy City Clerk 4 .....-....... ........ --- 130 S. Galena SI. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax City of Aspen Community Development Department Fax To: Scott From: Sarah Oates, City Zoning Officer Fax: 920-7822 Pages: 5 Phone: Date: October 17, 2002 Re: BOA Minutes CC: o Urgent o For Review o Please Comment 0 Please Reply o Please Recycle . Comments: Let me know if you have any questions. Thanks. ., '" "',. RESOLUTION NO. 05 Series of 2002 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN DENYING A VARIANCE WITH CONDITIONS IN CASE NUMBER 02-05 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 173 MCSKIMMING ROAD, LOT 8, BLOCK 1, ASPEN GROVE SUBDIVISION. WHEREAS, Erna and Larry Martino made application, dated September 4, 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 October 10, 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: Erna and Larry Martino on September 4, 2002 for property with a street address of 173 McSkimming Road, 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. Section 2. Variance Denied. The Board of Adjustment does hereby deny the applicant the following variance from the terms of Chapter 26 of the Aspen Municipal Code by a 4 to 1 vote: ...... A fifteen (15)~oot front yard setback var~nce for the construction of a single-family dwelling unit. APPROVED AS TO FORM City Attorney INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the lOth day of October 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 .... ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ~ '1O~ ADDRESS OF PROPERTY: /7 ~~ 'IM f'Z'1 J ~..fcb SCHEDULED PUBLIC HEARING DATE: 0 0 z-- 200 I - STATE OF COLORADO ) ) ss. County of Pitkin) ~ I,:S~ VVi...e.S t-,\V\d +- (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: -.2G Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of ~ , 200 ~ to and including the date and time of the public f hearing. A photograph of the posted notice (sign) is attached hereto. '" _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in SectiOD: 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) " ! J PUBUC NOTICE N~!lrI'\lll1CHEARING . ............. ......~~.....aI & fI TO ALL ~.()WN!RS AfPEC'l'iD BY THE REQlESTW'~ OR USE VARIANCE DESCRI- BfD~,'tr'-~ - ,\ ~ 't<<,' Cod~ of Aspen of June 25, ,lXiblk hearli1lLwtB beheld In ROOM. Qty, Hall, M- at such-- other' place as the odlounied)to coD5kler an ' :JIikb the salcl Board, of Adjust- ~t.~',:'~i) ~ for varIanCe from the P11l,7 J'"nlf~j...~lng ~ Chapter 26, OHlclal~:(~t~~ AU persons' aUected by the~'~e are Invited to appear and i~~~:o_~,protest5 orob)ecYom,l:,.,U you cannot;, ~cpfnonally at such riIeetIniI~ you arem1ed.o ~ )'OUT vieWs by Jetter. pattlcu- larly'l(~:~8bjecUon to such varIance,_M the~-tlfl\dfUstmentwiUglveseriousconSid- ef"auon b:HM:'1JPwons of surrounding property I OWiMri-"aik'i~,affected In decJdIng Whether to grantot_lkoYthe request for varianCe. Patttculats".die'beBrlnl..nd<~\WIaDre areu{oJlows.: 0...... 'I1IlJI= vllleedn<<: IWe: 0dit6icr 10.21411 n-: _,-",.M. . " o-er...~ Name: ,r.m,,llIJd Larry ~ Address: , ,3444 RtverIy Road A~:9A30327 ,_" ~forVarlance: Scott Ubdenau . Studio B Nc:httects 555N~_Street Aspen,C081611 ~_... ~d alJII'GPCI1)': 173 ~,Road. Lot 8, ~t 1, Aspen """"- -- ~',appjk:.lIDt ~ JeQueItlo& a.fUteen'(I5) foot troAt~~_variaDCe-tortheCOQ,Structlon ofa~~_ WIIaPpUcaIJt-be~..... 8.:"byCqtmSd?:' NO TheCIty"~::-i_':~}v6tment AsPen. 1611 . Publish'" ~1:...''''':''""Septem..... 21. 2002.(9392) .-" 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 regu1atio~ or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency doring all business hours for fifteen (15) days prior to the public hearing on such amendments. The ~ "Affidavit of Notice" was ~Iedged before Ipe thi# day of . ,200d..by ~~> )-.....\rc ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 'r County of Pitkin } } State of Colorado } SS. 1, ?1 tQ"" lr I NDf;N1\tA AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 26.304.060(E) , 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 7."1 day of tWf'f ,200:1--. (which is 11 days prior to the public hearing date of 0 on? f?6it2. W). 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 17 day of ~. , 2002., to the _ day of OOf". (0 , 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. ~,ti' fiiti ,,;', \(i . ~.; :} - - TO BE HElD. AT THe PITKIN I COUNTY COURTHOUse AT 1t'00 PM IN, tHE DlSmeT, _ COURTROOM ON loL1Q/02 TO CON$IQER A 'IA~ilIA...t".. _.......... _.......~ Signa Signed before me thisZ~ay of ~ eTt'. 200'kby ~QQpmf QL~DJ~_) WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: / / I) jf)():J{:; o o c ~ , ) ... III l i a~ Ill' .... c coo .. .. tl!.tl!. lillil .... II ~~ .... n 88 .... n .. .. .... ~s. Ill::! .... ~~ "I... l!io .... ~~ U .... n siSi .. .. ~ '" a .. a '" a ~ '" ~ = ~ ~ ~ ~ w 0 Iil 0 OJ OJ OJ ~ ~ tic:!Jc ~II '"coco i~'" tugS i~~ Iii"'o ic~ i~.i woe ~ II: Z~!:! w",o ZCl.o. ~~~ ZCl.o. z:~~ ~ dIll! ell ~~ui ~lillil ~~~ ~~~ ~.... ~U ~.... a':': ~ ili ~~ . ~~ ..~~ .... .l:I. Cl.Cl. .... .. .. .. ...... .. .. .. ~~p . .' ...N'N ..: ~, .. .. .. .... .. ...... .. .. .. IS II: is {'; 15 !3 5 is 5 15 15 ::l.. u 8~ S ~ co a co ::l ~ co a co co ~ R. R. "'I R. l'-l R. Zlll ;i ;;; ;;; ..: .. ;; ;;; :;; ;i :;; ;; '52 .& co .. E~ ~ ;;! ::l ! ;;l ~ ~ :::I ~ i :::I ~ ~ :& 2 :IE :i i i 51 ,e. 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