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Home My WebLink Aboutlanduse case.boa.725 W Smuggler.002-02 CASE #02-02 hu-f7~ )-y> uCC, V~ 6) )Y-);X:'o~ NOTICE OF PUBLIC HEARING 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 ofMeetin~: Date: June 13, 2002 Time: 4:00 P.M. Owner for Variance: Representative for Variance: Name: Gary and Kathleen Albert Brooke A. Peterson Kaufman & Peterson, P.C. 315 E. Hyman Avenue Aspen, CO 81611 Address: 725 W. Smuggler Street Aspen, CO 81611 Location or description of property: 725 W. Smuggler, Lots C & D, Block 15, City & Townsite of Aspen Variances Requested: The applicant is requesting 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. Will applicant be represented by Counsel: YES: X NO: The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman AGENDA ASPEN BOARD OF ADJUSTMENT THURSDAY, JUNE 13, 2002 4:00 PM CITY COUNCIL MEETING ROOM I. COMMENTS II. III. IV. V. A. Commissioners B. Planning Staff C. Public MINUTES (01/03/02) DECLARATION OF CONFLICTS OF INTEREST PUBLIC HEARINGS A. Case #02-02: 725 West Smuggler, Gary and Kathleen Albert represented by Brooke Peterson, requesting 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. ~. n . 0 J~ 3-~ ADJOURN MEMORANDUM TO: Board of Adjustment THRU: Joyce Ohlson, Deputy Director FROM: Sarah Oates, Zoning Officer RE: 725 West Smuggler-Gary and Kathleen Albert DATE: June 13, 2002 ------------------------------------------------- ------------------------------------------------------------- SUMMARY: The applicants request a variance from the site coverage requirement to build a 6' x 10' mudroom addition and construct a 288 square foot garage to be accessed off the alley. The property is currently developed with a single family residence. The property is zoned R-6, which is the only zone district which has a site coverage requirement. The site coverage calculation was developed so that buildings would be designed to be more consistent with the historic pattern of the zone district. Site coverage is calculated by determining the square footage of the footprint of the ground level of a building. Per the code, a 6,000 square foot lot, such as 725 West Smuggler, cannot exceed 40% site coverage, or 2400 square feet. Currently, the footprint of the house covers 40% of the lot, and with the proposed addition the site coverage would be 45.9%, or 2754 square feet. Please refer to the attached drawings and written information provided by the applicants for a complete presentation of the proposed variance. APPLICANT: Gary and Kathleen Albert, represented by Brooke A. Peterson of Kaufman & Peterson, P.c. LOCATION: 725 West Smuggler Street, Lots C & D, Block 15, City and Townsite of Aspen REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.108.040 of the Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the Board of Adjustment shall make a finding that the following three (3) circurnstances exist: 1. Standard: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies ofthe 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 minimurn 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 residence 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 urmecessary 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. Staff finds no special circumstances exist on the site which are unique to this parcel that would warrant a site coverage variance. Staff has consistently taken the position that not having a garage should not be considered a deprivation of rights commonly enjoyed by other parcels in the same district. A garage is an amenity, not a necessity and based on this, staff cannot not support the variance request as we do not feel that this will cause the applicant unnecessary hardship or deprive them of their rights. 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 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 be denied finding Criteria #2 and #3 have not been met. RECOMMENDED MOTION: (All motions are worded in the affirmative) "I move 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." d:\home\saraho\boa\2002\725wsmuggler.doc RESOLUTION NO. 02 Series of 2002 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE IN CASE NUMBER 02-02 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 725 WEST SMUGGLER, LOTS C AND D, BLOCK 15, CITY AND TOWNSITE OF ASPEN. WHEREAS, Gary and Kathleen Albert have made application, dated May 1, 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 June 13, 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: Gary and Kathleen Albert on May 1, 2002 for property with a street address of 725 West Smuggler, 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 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. APPROVED AS TO FORM City Attorney INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 13th day of June, 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 ,- BROOKE A. PETERSON GIOEON 1. KAUFMAN' TERRI J. KAFRISSEN LAW OFFICES OF KAUFMAN & PETERSON, P.C. TELEPHONE (970)925-8166 FACSIMILE (970) 925.1090 OF COUNSEL: HAL S. OISHLER" 315 EAST HYMAN AVENUE. SUITE 305 ASPEN. COLORADO 81611 . ALSO ADMITTED IN MARYLAND .. ALSO ADMITTED IN TEXAS VIA HAND DELIVERY May 1,2002 Sarah Oates City of Aspen Zoning Officer 130 South Galena Street Aspen, Colorado 81611 City of Aspen Board of Adjustment 130 South Galena Street Aspen, Colorado 81611 RE: Application for variance to City of Aspen maximurn site coverage regulations; Gary and Kathleen Albert, applicants; 725 West Smuggler Street, Aspen, Colorado. Dear Sarah and Members of the Board of Adjustment: We are seeking a variance to City of Aspen Municipal Code Section 26.710.040(D)(6) to minimally exceed the designated maximum site coverage offorty percent (40%) for lots of6,000 to 9,000 square feet located in the Mediurn-Density Residential (R-6) zone district. The purpose of the variance is to allow for the construction of a garage on the subject property which will meet the City of Aspen setback regulations currently in effect and will not require additional Floor Area Ratio. The construction of the garage would require a variance by merely five and eight-tenths percent (5.8 %) of the current maximurn site coverage on the lot (please see attached plans indicating proposed structure). It should also be noted that the R-6 zone district is the only zone district with the maximum site coverage regulations. It is our position that this variance should be approved due to the facts that the proposed project is consistent with the Aspen Area Community Plan, and, to deny such application would deny the applicants' rights which are commonly enjoyed by many others in the same zone district. Additionally, the proposed garage is located on the rear of the lot, facing the alley, and would therefore have minimal effect, if any, on neighboring properties. The area to be built upon is already covered by a brick patio so no actual open space would be lost. As stated, the proposed garage would not require a variance from City of Aspen setback regulations or restrictions on Floor Area Ratio. The granting of this application would allow for the minimum variance required to construct the proposed garage. It is the position of the applicants that to approve the application is the only way to afford applicants relief and to deny this application would inflict undue hardship on both the applicants and the property. The Board of Adjustment has granted similar variances in the past. -', Page 2 Lastly, please find the attached Board of Adjustment application form, a check in the amount of One Hundred Fifty-Five Dollars ($155.00) for the application fee, as well as a list of the names and addresses of the owners of all neighboring properties lying within three hundred feet (300') of the subject parcel. Should you have any questions or need further assistance, please do not hesitate to contact us. cc. Gary & Kathleen Albert David Gibson P.C. ,.~ . THE CITY OF ASPEN BOARD OF ADJUSTMENT APPLICATION PACKET DATE MAY 1 2002 CASE# Gary and Kathleen Albert represented by: APPLICANT Brooke A. Peterson. Eso. PHONE 925-8166 MAILINGADDRESS 315 E. Hyman Ave., Ste 305, Aspen, CO 81611 OWNER(S) GARY & KATHLEEN ALBERT . PHONE 925-6528 MAILING ADDRESS 725 WEST SMUGGLER ST., ASPEN, CO 81611 LOCATION OF PROPERTY Lots C&D, Block 15, City & Townsite of Aspen (Street, Block Nurnber and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL? Yes.x.. No_ 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. *Please see attached letter. Applicant's Signature K thleen Alber 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 OFFICIAL HEARING DATE DATE PERMIT DENIED DATE OF APPLICATION 1 BROOKE A. PETERSON GIOEON I. KAUFMAN' TERRI J. KAFRISSEN OF COUNSEL: HAL: S. OISHL:ER" LAW OFFICES OF KAUFMAN & PETERSON, P.c. TELEPHONE (970) 925-8166 FACSIMILE (970)925.1090 315 EAST HYMAN AVENUE, SUITE 305 ASPEN. COLORADO 81611 . AlSO ADMITTED IN MARYLAND - ALSO ADMITTED IN TEXAS VIA HAND DELIVERY May 1,2002 Sarah Oates City of Aspen Zoning Officer 130 South Galena Street Aspen, Colorado 81611 City of Aspen Board of Adjustment 130 South Galena Street Aspen, Colorado 81611 RE: Application for variance to City of Aspen maximurn site coverage regulations; Gary and Kathleen Albert, applicants; 725 West Smuggler Street, Aspen, Colorado. The following is a list of the property owners lying within three hundred feet (300') of the property above referenced: John & Robin Norton Elliott K. Slade III Vincent P. Galluccio 817 W. North St. 40 E. 67th St. PO Box 8065 Aspen, CO 81611 New York, NY 10021 Aspen, CO 81612 LRM Limited Partnership Forest Service Aspen Ann F. Miller 751 Davis Rd. Headquarters 715 W. Smuggler St. Coral Gables, FL 33143 U.S. Forest Service Aspen, CO 81611 Gail Hughes Patrick & Donna Keelty Dennis F. Ratner 712 W. Francis St. PO Box 5686 717 W. Francis St Aspen,CO 81611 SnoWffiass Village, CO 81615 Aspen, CO 81611 Jeffrey S. Gorsuch (Yz) Richard B. & Deborah S. Felder Vincent Galluccio 707 W. North St. 11498 E. Carol Way PO Box 8065 Aspen, CO 81611 Scottsdale, AZ 85259-2620 Aspen, CO 81612 William E. & Dana D. Powell William J. Kretschmar First Baptist Church II Lynn Batts Lane, Ste 100 Revocable Trust 761 W. Francis St. San Antonio, TX 78218 3965 Investment Lane, Ste A-9 Aspen, Co 81611 West Palm Beach, FL 33404 -, Page 2 Saunders Aspen QPRT Trust 401 S. Boston Ave., Ste 230 Tulsa, OK 74103 Robert Ritchie 701 W. Francis St. Aspen, CO 81611 SA & R.W. Colgate Trust UID/T 12-29-89 422 Estante Los Alamos, NM 87544 John James & Patricia G. Choumas Bldg 300 Bays 313-314 1601 E Olympic Blvd. Los Angeles, CA 90021 Epoch Aspen Development, LLC 359 Carolina Ave. Winter Park, FL 32789 West End III Partnership, LLC 420 W. Francis St. Aspen, CO 81611 Steven St. Clair 4001 Mac Arthur Blvd., Ste 100 Newport Beach, CA 92660 Robert & Nancy Blank clo Whitcomb Partners 110 W. 51st St., Rm 4310 NY, NY 10020 Scott M Brown Rev Trust (50%) 320 N. 7th St. Aspen, CO 81611 Langenkamp Family Revocable Trust (\1,) 633 North St. Aspen, CO 81611 Pamela Toon 822 W. Smuggler St. Aspen, CO 81611 June Simmons (55%) 13126 Addison St. Sherman Oaks, CA 91423 Michael Lawrence Flynn (50%) 721 W. Francis St. Aspen, CO 81611 James E. Lowery, Jr. Trustee 1390 Enclave Pkwy. Houston, TX 77077-2025 Amy 1. Margerum 627 W. Smuggler St. Aspen, CO 81611 Wilke Living Trust DIDIO January 29,1979 John & Bonnie Wilke, Trustees 153 S. Beachwood Dr. LA, CA 90004 Patrick & Donna Keelty PO Box 5686 SnoWffiass Village, CO 81615 Robert & Carol Auld PO Box 186 Belmont, MA 02178 Joseph H. Bellina 1515 Poydras St. #2650 New Orleans, LA 70112-3723 Le Ray Digiglia John William Digiglia PO Box 4305 Aspen, CO 81612 Laurene B. Brooks Susan B. Sheridan 421 Detroit St. Denver, CO 80206 Toby D. Lewis 18930 S. Woodland Rd. Shaker Heights, OH 44122 Douglas & Susan McPherson PO Box 4412 Aspen,.cO 81612 Phillip 1. Rosenberg with Kasch 68 Ronan Rd. Ft. Sheridan, IL 600 I 0 . \ \ """ > / ~ --------- o / I~ ~ 'tl '.l.=lO[; j C>l Cl [ Lr ...rtl ,NV1d 3.US -z;o''', 'r .L'~I ! ,$ i I .13,1 10H: )l:)'IJI" Ytu. 3 1 ~ " , ..0 9 .....9'.l\fd J II HJHIHJ~V ~ ~ :0 " ~ '" z o '" t/) .J ~ '" o .I '" ? o 0_ " Q 101 'W~ pnW 3snOH " z C> o " " '" r r H~~Od H J.LN'fld .1."011 I:Il 0 aMY). 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"':C) '1lI. ; CO ,C!! , .. ~ ~ '\l; ~ EEl S\ rl"-- II II ! \ II U__ I 'II I. , i! !' :-i ~ )i; :-i 5 ~ II ~ 1\:- ~~ 0, f<: -L .~ ~~ ~ ~ ~~ C) .iI 01, '. .. "'CD '(G ~ , ~l ~.~ ib. !-I"' .io..... .- -..-->- ~ '~~ ~ ~ , 'l;;~, . ;. r ~ .~ '. :~ N C1I E ~ UI .. UI a c co CQ, - .~ ... ~ .- -- ./ ~~- ", ,0 I t ; ,- .~~ '--- ; ..\- ~-..z1.l. ~ ... ... - ./ ~ ~ ", County of Pitkin } } } ss. State of Colorado ~ Brooke A. Peterson, Esq. 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: I. 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 ~ day of May ,2002- (which is 11 days prior to the public hearing date of 6 / 13 / 02 ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from aid sign was posted and visible continuously from the ~ day , 200~. (Must be posted for at least ate). A photograph of the posted sign is attached hereto. Signature o~.J '2:.-- 3. attorney-in-fact r SS MY HAND AND OFFICIAL SEAL My Commission expires: 3 6?, ~ (of~~~/::::"" Y'" 10 I."'........ ..... '-.. .....,.. " , I..::'" '. '-i "::lp.j. \ f ~ ~j<.1: \ 1'\ oNO~ :0 \ 1'- Ie) , .~ \fir....... .......~ .....l:......._..~O . <OF CO Notary Public a: w -I e" e" ::) ~ en :: It) N " .\.. ~; ~. " 1\ "'1 .' I 11',: . ,I l I- UJ UJ a:: l- V> :E o a:: u. UJ V) ;:) o J: u. o == UJ :> ex: w ...J (!) (!) ::J :?: en ;: It) N r-- lC) ~ ::.:: u o ...J III >= UJ ...J ...J < I I ), \ . .; \ ./ c --------- o ~ Iy- VARIANCES Section 26.314.040: Standards Applicable to Variances A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision making body shall make a finding that the following three (3) circumstances exist: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and this Title; . The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure; and 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 rights would be deprived, the board shall consider whether either of the following conditions apply: 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 Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures in the same zone district. (continued on next page) o . 130 S. Galena St. AspenC081611 (970) 920-5090 (970) 920-5439, fax City of Aspen Community Development Department Fax To: Terri Kafrissen From: Sarah Oates, City Zoning Officer Fax: 925-1090 Pages: 6 Phone: Date: une 6, 2002 Re: BOA Hearing-Albert 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. "-~~_.,-- "'-'~~--'-'--"-_"""^"_---,.,~ 1.:'~~":. OMEGA INSTITUTE OF HEALTH "~",~,, ,<'\l AND fl /;i\'~ ,1 \\./ !,'f};) ..'j) HOSPITAL ~ "><-- A_ \i~ ! .1./ Le"ding " revolution in he"lth care June 3, 2002 The City of Aspen Board of Adjustment 130 S. Galena St. Aspen, CO 81611 Charles Paterson, Chairman To Whom It May Concern: Enclosed is a copy of the Notice of Public Hearing, for request of zoning or use variance. We live at 716 West Francis Street, Aspen, CO, 81611. Having reviewed the request of Gary and Kathleen Albert, we do not see any reason their request should not be given. We have no objections and support their request. Si"~J. /// ~~~)'~;'FACOG'CAQ / .' JH :'V ~/ E osure cc: Gary and Kathleen Albert 2525 Severn Avenue MetAirie, LA 70002 lOEvery woma.n deserves a. h.ealthy future" Office: (504) 832.4200 Fax: (504) 832-4209 (800) 535-4177 ~ ~ BROOKE A. PETERSON GIDEON I. KAUFMAN" TERRI J. KAFRI$SEN LAW OFFICES OF KAUFMAN & PETERSON, P.C. OF COUNSEL: HAL S. DISHlER"* 315 EAST HYMAN AVENUE. SUITE 305 ASPEN. COLORADO 81611 TELEPHONE (970) 925-8166 FACSIMILE (970) 925-1090 . ALSO ADMITTED IN MARYLAND .. ALSO ADMITTED IN TEXAS VIA HAND DELIVERY May I, 2002 Sarah Oates City of Aspen Zoning Officer 130 South Galena Street Aspen, Colorado 81611 City of Aspen Board of Adjustment 130 South Galena Street Aspen, Colorado 81611 RE: Application for variance to City of Aspen maximum site coverage regulations; Gary and Kathleen Albert, applicants; 725 West Smuggler Street, Aspen, Colorado. Dear Sarah and Members of the Board of Adjustment: We are seeking a variance to City of Aspen Municipal Code Section 26.71O.040(D)(6) to minimally exceed the designated maximum site coverage of forty percent (40%) for lots of 6,000 to 9,000 square feet located in the Medium-Density Residential (R-6) zone district. The purpose ofthe variance is to allow for the construction of a garage on the subject property which will meet the City of Aspen setback regulations currently in effect and will not require additional Floor Area Ratio. The construction of the garage would require a variance by merely five and eight-tenths percent (5.8 %) of the current maximum site coverage on the lot (please see attached plans indicating proposed structure). It should also be noted that the R -6 zone district is the only zone district with the maximum site coverage regulations. It is our position that this variance should be approved due to the facts that the proposed project is consistent with the Aspen Area Community Plan, and, to deny such application would deny the applicants' rights which are commonly enjoyed by many others in the same zone district. Additionally, the proposed garage is located on the rear of the lot, facing the alley, and would therefore have minimal effect, ifany, on neighboring properties. The area to be built upon is already covered by a brick patio so no actual open space would be lost. As stated, the proposed garage would not require a variance from City of Aspen setback regulations or restrictions on Floor Area Ratio. The granting of this application would allow for the minimum variance required to construct the proposed garage. It is the position of the applicants that to approve the application is the only way to afford applicants relief and to deny this application would inflict undue hardship on both the applicants and the property. The Board of Adjustment has granted similar variances in the past. ,.~ ~ J Page 2 Lastly, please find the attached Board of Adjustment application form, a check in the amount of One Hundred Fifty-Five Dollars ($155.00) for the application fee, as well as a list of the names and addresses of the owners of all neighboring properties lying within three hundred feet (300') of the subject parcel. Should you have any questions or need further assistance, please do not hesitate to contact us. P.C. cc. Gary & Kathleen Albert David Gibson . THE CITY OF ASPEN BOARD OF ADJUSTMENT APPLICATION PACKET DATE MAY 1 2002 CASE# Gary and Kathleen Albert represented by: APPLICANT Brooke A. Peterson. Ese. PHONE 925-8166 MAILING ADDRESS 315 E. Hyman Ave., Ste 305, Aspen, CO 81611 OWNER(S) GARY & KATHLEEN ALBERT PHONE 925-6528 MAILING ADDRESS 725 WEST SMUGGLER ST., ASPEN, CO 81611 LOCATION OF PROPERTY Lots C&D, Block 15, City & Townsite of Aspen (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL? Yesll No_ 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. *Please see attached letter. 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 ~<'....... ~.... '"'-.. .;.r' BROOKE A PETERSON GIDEON 1. KAUFMAW TERRI J. KAFRISSEN LAW OFFICES OF KAUFMAN & PETERSON, P.C. TELEPHONE (970)925-8166 FACSIMILE (970)925-1090 OF COUNSEl: HAL S. DISHLER** 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 . ALSO ADMITTED IN MARYLAND - ALSO ADMITTED IN TEXAS VIA HAND DELIVERY May I, 2002 Sarah Oates City of Aspen Zoning Officer 130 South Galena Street Aspen, Colorado 81611 City of Aspen Board of Adjustment 130 South Galena Street Aspen, Colorado 81611 RE: Application for variance to City of Aspen maximum site coverage regulations; Gary and Kathleen Albert, applicants; 725 West Smuggler Street, Aspen, Colorado. The following is a list of the property owners lying within three hundred feet (300') of the property above referenced: John & Robin Norton Elliott K. Slade III Vincent P. Galluccio 817 W. North St. 40 E. 67th St. PO Box 8065 Aspen, CO 81611 New York, NY 10021 Aspen, CO 81612 LRM Limited Partnership Forest Service Aspen Ann F. Miller 751 Davis Rd. Headquarters 715 W. Smuggler St. Coral Gables, FL 33143 U.S. Forest Service Aspen, CO 81611 Gail Hughes Patrick & Donna Keelty Dennis F. Ratner 712 W. Francis St. PO Box 5686 717 W. Francis St Aspen,CO 81611 Snowmass Village, CO 81615 Aspen, CO 81611 Jeffrey S. Gorsuch (V,) Richard B. & Deborah S. Felder Vincent Galluccio 707 W. North St. 11498 E. Carol Way PO Box 8065 Aspen, CO 81611 Scottsdale, AZ 85259-2620 Aspen, CO 81612 William E. & Dana D. Powell William 1. Kretschmar First Baptist Church II Lynn Batts Lane, Ste 100 Revocable Trust 761 W. Francis St. San Antonio, TX 78218 3965 Investment Lane, Ste A-9 Aspen, Co 81611 West Palm Beach, FL 33404 ~ , ~ Page 2 Saunders Aspen QPRT Trust Scott M Brown Rev Trust (50%) Patrick & Donna Keelty 401 S. Boston Ave., Ste 230 320 N. 7th St. PO Box 5686 Tulsa, OK 74103 Aspen, CO 81611 Snowmass Village, CO 81615 Robert Ritchie Langenkamp Family Robert & Carol Auld 701 W. Francis St. Revocable Trust (Yz) PO Box 186 Aspen, CO 81611 633 North St. Belmont, MA 02178 Aspen, CO 81611 S.A. & R.W. Colgate Trust Pamela Toon Joseph H. Bellina UID/T 12-29-89 822 W. Smuggler St. 1515 Poydras St. #2650 422 Estante Aspen, CO 81611 New Orleans, LA Los Alamos, NM 87544 70112-3723 John James & Patricia G. Chournas June Simmons (55%) Le Ray Digiglia Bldg 300 Bays 313-314 13126 Addison St. John William Digiglia 1601 E Olympic Blvd. Sherman Oaks, CA 91423 PO Box 4305 Los Angeles, CA 90021 Aspen, CO 81612 Epoch Aspen Development, LLC Michael Lawrence Flynn (50%) Laurene B. Brooks 359 Carolina Ave. 721 W. Francis St. Susan B. Sheridan Winter Park, FL 32789 Aspen, CO 81611 421 Detroit St. Denver, CO 80206 West End III Partnership, LLC James E. Lowery, Jr. Trustee Toby D. Lewis 420 W. Francis St. 1390 Enclave Pkwy. 18930 S. Woodland Rd. Aspen, CO 81611 Houston, TX 77077-2025 Shaker Heights, OH 44122 Steven St. Clair Amy 1. Margerum Douglas & Susan 4001 Mac Arthur Blvd., Ste 100 627 W. Smuggler St. McPherson Newport Beach, CA 92660 Aspen, CO 81611 PO Box 4412 Aspen, CO 81612 Robert & Nancy Blank Wilke Living Trust UID/O Phillip 1. Rosenberg c/o Whitcomb Partners January 29,1979 with Kasch 110 W. 51" St., Rm 4310 John & Bonnie Wilke, Trustees 68 Ronan Rd. NY, NY 10020 153 S. Beachwood Dr. Ft. Sheridan, IL 600 10 LA, CA 90004 ,""...... To whom it may concern: I am aware that Gary and Kathy Albert are requesting a variance for your approval that would enable them to build a garage in their backyard. I urge you to approve their request for a variance. I think it would be nice to get yet another car off the street. I myself was issued a variance for my garage several years ago and I live next door at 715 Smuggler Street. Sincerely, ~ Ann Miller t?tJA. C. b. ':/--/(')7_ ,e.,- ~ .~ Ao l)J-L'~I\. r \ ) c7 cA \tJLeC) Q~el)cruJv,\ / I l:,.-.d!/()-c ),L(j G~~(fr'l, 7 d- 5- LU ( Sl JU,;(jrf' ') -L. CL (/i~ &3(,) (e'\. c) c~C'& :hf) ,I .) v 1/2- W. cP~LU-; "Po:>OA ("fu. /r, 2- '-. He.., R.obc.-l Sounder.. 7306 lOMd lane, Okk.homa eall, Ok. 73120 LJ... J.- 1~~ (.(). 5M.c...nt...v . ~, i'tb If 1<' u-i tu../" J ,(.~ It.o4I ~:uX~ ~ i/'J.J_- ~-~-- t./ p-c f4,~ d 7..;1S' IE/. ~.f~- .....:, ~... c.:e, J cI...,... ',f, . A.-d 4.. T ~ " _! - ~ ~ If- . e:/-.-< ,.,... ----.__v_____.-...___.___ - ';;t.,-:JLL a;~ ioI!l~-~ t;ti .-- .;. <-.:.t: c..;::;":~-' 'd ~.' ~ 04~<.. A<- , 1'~.j'- ~ ~./~ tA ~ ~ tCtlc...,(',# ~~"-. (. ~-of.C'~. ~ 1;tS- aJ. ~~. ~ J~<"_~L4-'