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HomeMy WebLinkAboutlanduse case.boa.1530 & 1540 Silverking Dr.002-01 1111111I111111 ~ 1111111111 ~~:~~~;! ~0: m SILVIA mWIS PITKIN COUNTY CO R 10.00 0 0.00 RESOLUTION NO. 04 Series of 2001 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 01-02 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 1530 and 1540 Silver King Drive, ASPEN, COLORADO. WHEREAS, James Knowlton has made application, dated May 15, 2001 to the Board of Adjustment for a variance from the dimensional requirements of Chapter 21 of the Aspen Municipal Code; and WHEREAS, this matter came on for hearing before the Board of Adjustment on June 21, 2001 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 post-development application for a variance was initiated by: James Knowlton on May 15, 2001 for property with street addresses of 1530 and 1540 Silver King Drive, 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 Chapter 21 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 21 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 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. Section 2. Variance Granted. The Board of Adjustment does hereby grant the applicant the following variance from the terms of Chapter 21 of the Aspen Municipal Code by a five (5) to zero (0) vote: A variance to permit driveway slopes up to 28% from the edge of the pavement of Silver King Drive to a distance of twenty feet (20') inside the property line. APPROVED AS TO ~ Q}.JL"I n~ ) r. CitY Attorney ~ INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 21st day of June, 2001 Chairperson /:tL ~ 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 ('h~ ;;(.~~ () 01m54 2 MEMORANDUM TO: Board of Adjustment THRU: Nick Adeh, City Engineer FROM: Chuck Roth, Project Engineer (21Z- RE: 1530 & 1540 Silver King Drive, Driveway Slope Variance DATE: June 7, 2001 -------------------------------------------------------------- -------------------------------------------------------------- SUMMARY/BACKGROUND: The applicant is requesting a variance from the driveway slope requirements to increase the maximum allowable slope from 12% to 26%. STAFF RECOMMENDATION: Staff recommends denial of the driveway slope variance request, finding public safety is the primary concern. APPLICANT: James Knowlton LOCATION: 1530 and 1540 Silver King Drive Lot 65, West Aspen Subdivision, Filing No.2 Aspen, CO REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 21.16.070 of the Municipal Code, in order to authorize a variance from the dimensional requirements of Chapter 21, the Board of Adjustment shall make a finding that is consistent with City Code, which reads as follows: 21.16.60 Driveway and curb cut specifications. (h) All newly constructed or rebuilt driveways shall not exceed a maximum slope of twelve (12) percent within twenty (20) feet of a property line bordering a public or private right-of-way. The provisions for a variance from this requirement are set forth in the City Code as follows: 21.16.070 Variations in driveways and curb cuts allowed for unusual conditions. Under unusual conditions of topography, drainage, existing landscaping or improvements on city right-of-way, existing buildings or improvements on private property, or special use requirements for the property, a variance from the requirements in section 21.16.060 for driveways and curb cuts may be given by the City Engineer upon filing a written application and a plot plan showing the building site and special conditions existing thereon. Any person aggrieved of a decision by the City Engineer under this section may seek a variance from the Board of Adjustment pursuant to the procedures set out in Chapter 26.108 of the Municipal Code. 1. Standard: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of section 21.16.070 above. Response: Granting the variance will conflict with the provisions of Chapter 21. There are conditions of unusual topography, however the approved building permit drawings were in compliance with section 21.16.060(h). The approved building permit drawings versus the as-built conditions are shown below: UnitA Unit B Approved slopes 9% 9% As-built slopes 26% 25% (These are average slopes from the edge of the pavement of Silver King Drive to twenty feet inside the property line.) The engineering department cannot bend the City code to risk the safety of users of the Silver King Drive. We cannot promote safety hazards for "character" preservation. We cannot create a "killer" road or access situation. The applicant is able to provide a safe condition. In more moderate climates, maximum driveway slope is typically set at 8%, which also provides ADA access to developed sites. Here in Aspen, we are in a cold winter climate and much more severe weather conditions. The driveways were built to steepnesses over 300% more than maximum driveway slopes in moderate climates. Accepting a driveway of such steep slopes directly exposes the City to sever liabilities by promoting and approving unsafe and substandard driveways and access ways. We are here to minimize liabilities on everybody's parts - the City, the homeowners, and the design professionals. To grant a driveway that is 300% steeper than a moderate climate driveway is inappropriate, and way beyond reasonable tolerance. 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 applicant or interested parties. . Deny the variance finding that the review standards are not met. RECOMMENDATION: Staff recommends denial of the driveway slope variance request, finding that the Review Standards have not been met. The applicant needs to reconstruct the driveways to the slopes indicated on the approved building permit drawings. The design needs to be sealed and signed by a registered engineer. The applicant should consider a single driveway accessing the two garages, constructed at an angle to the street rather than perpendicular, in order to achieve greater driveway length and lesser driveway slopes. RECOMMENDED MOTION: "I move deny driveway slope variance request to allow for 28% driveway slopes for the dwelling unit located at 1530 and 1540 Silver King Drive, finding that the Review Standards have not been met." 01m53 JAMESA.KNOWLTON Planning & Consulting Services 1540 Silver King Dr Aspen, CO 81611 970/429-0428 May 15, 2001 James Lindt Community Development 130 E. Galena St. Aspen, CO 81611 Re: Request for Variance for driveways at 1540 and 1530 Silver King Dr. Dear Mr. Lindt: We are requesting a variance from the requirement of Section 21. 16. 060(h) of the Municipal Code for driveways at 1540 and 1530 Silver King Dr. Section 21.16.060(h) states: "All newly constructed or rebuilt driveways shall not exceed a maximum slope of twelve (12) percent within (20) feet ofa property line bordering a public or private right of way." Both driveways exceed the 12 percent grade. Our request for a variance is pursuant to Section 21.16.070, which states "Any person aggrieved of a decision by the City Engineer under this section may seek a variance from the Board of Adjustment pursuant to tbe procedure set out in Chapter 26.108 of the Municipal Code." The City Engineer has denied our request for a variance from the requirement of Section 21.16.060. Their letter is attached. Please also find our request for variance submitted to the City Engineer. We incorporate our submittal for variance to the City Engineer as part of our request to the Board of Adjustments. In addition to the reasoning set forth in our request to the City Engineer, we have attached the following documents to show that Section 21.16.060(h) (I) was created to address driveways coming from underground garages in downtown Aspen and not the special conditions and circumstances presented by the steep slopes of Red Butte and (2) included a variance procedure to address special conditions. 1. Ordinance No. 76 (1990) 2. November 8, 1990 Staff Memorandum to City Council regarding driveway slopes Lindt Letter May 15, 2001 Page 2 3. December 26,1990 Staff Memorandum to City Council regarding inclusion ofa variance procedure in the Driveway slope Ordinance 3. December 26, 1990 Memorandum from the City Attorney regarding inclusion of a variance procedure in the Driveway slope Ordinance. We believe we meet all 3 criteria of Section 26.314.040 to justifY the granting ofa vanance. I. A variance is consistent with the purposes, goals, objectives and policies of the Aspen Area Community plan as stated in the attached request to the City Engineer for a variance. 2. A variance is the minimum variance that will make it possible for the reasonable use of the property. The property is part of the West Aspen Subdivision approved in 1968 by Pitkin County. Please find a copy of the Plat attached. The Subdivision was annexed by the City in 1969, Plat Book 4, Page 34. By virtue of the subdivision approval and annexation, the special conditions pre-date the 1990 ordinance. In essence, the approval to build on those lots at the foot of Red Butte dates back to 1968. Since the lots contain slopes exceeding 30%, the slopes will dictate access to any building. At minimum, therefore, the reasonableness of any access will be determined by the location of the building in relation to the street. The constructed driveways are the most reasonable in light of the steepness of the lot. The fact that all other similarly situated lots have driveways similar to ours is evidence of the reasonableness. 3. The literal interpretation and enforcement of the tenns and provisions of Sec. 21. ) 6. 070 would deprive us of rights of access, we enjoyed before the remodel and that our neighbors now enjoy. As stated above, strict compliance is not possible without creating a more dangerous condition. Enforcement is for the same reason impractical and would present an unnecessary hardship and practical difficulty. The house has been built as approved. In summary, a variance is the only reasonable avenue to grant relief from a Code provision that does not work on a lot with natural steep slopes. Alternative solutions are impractical and counter to energy and planning policies of the Aspen Area Community Plan. To force compliance would make access impractical and deprive reasonable access to the duplex, which is an unnecessary hardship. Lindt letter May IS, 2001 Page 3 Therefore, we request to be placed on the agenda for the Board of Adjustments at earliest available time. Please feel free to contact me if you have questions or need additional information. Sincerely, i . i~ t!vrv.d2( ~ A. KnoJ,iton ,GWyn G. Knowlton ~-_..----- ..- , RECEIVED APR 1 B 2001 CITY ENGINEEF\ JAMES A. KNOWLTON 1540 Silver King Dr. Aspen, CO 81611 970/925-6488 April 16, 200 I City of Aspen Engineering Department 130 E. Galena St. Aspen, CO 81611 ~._--...-.... "'''- ......,;,-... ~ -.V APR 1 : ?f'r: .,~. Stephen Kanipe Building Department 130 E. Galena St. Aspen, CO 81611 Re: Request for Variation in Driveway due to Unusual Conditions and issuance of Certificate of Occupancy for building permit No. 0748 Dear Mr. Roth and Mr. Kanipe: We are requesting a variance from the requirements of Sec. 16. 16.060 (h) for driveways at 1540 and 1530 Silver King Dr. pursuant to Sec. 21.16.070 of the Municipal Code of the City of Aspen ("Code"). Implicit in this request is a reconsideration of the recommendation of the Engineering Department to deny the issuance of Certificate of Occupancy for the subject duplex as set forth in Mr. Roth's Memorandum to the Building Department dated April 4, 2001. Our request is based on "unusual condition of topography" and the approval for building a duplex on our Lot. Because of the unusually steep grade of the lot, strict compliance with the Section 21.16.060(h) of the Municipal Code is both impractical and unsafe. Similarly, the construction of a duplex on the lot according to other provisions of the Code constitutes a justification for a variance from an inconsistent Code provision. A variance allows flexibility where application of the Code creates inconsistency. Unusual tODographv The average grade of the lot is approximately 46%, with some sections as steep as 75% and the section in front of the house averaging 27.5%. The Code recognized the impact of the lot's steep slopes by reducing the size of the approved duplex by 25% pursuant to Sec. 21.16.060(h). If our lot were flat, the allowed square footage would have been 4,997.52 square feet. Instead, we were permitted to build a 3748.14 square feet duplex or approximately 1,249.38 square feet less because of the steep slope. To recognize the impact of steep slopes for building size and not to recognize it for driveways appears inconsistent. A variance for driveways on lots with steep slopes is supported by the grade and configuration of the driveways of neighbors who are similarly situated. A list of our neighbors and the grade of their driveways are listed below. Pictures of the driveways are attached. Existing Drivewav Grades Along Silver King Drive 1500 Silver King Dr. 16.8% 1520 Silver King Dr 21.6% 1560 Silver King Dr 19.7% 1570 Silver King Dr. 15.8% 1590 Silver King Dr. 20.8% 1610 Silver King Dr. 16.4% 1630 Silver King Dr. 22.6% 1660 Silver King Dr. 17.7% 1690 Silver King Dr. 14.3% The original grade of the driveway for 1540 Silver King Drive also exceeded the 12% grade with an average of 15%. To now require strict compliance with the Code ignores what has historically been allowed in our neighborhood and on our lot due to the natural limitations created by the steep slopes of Red Butte. See attached photo of Red Butte. SafetY The layout of our driveways is consistent with what has proven to be the safest in the past for our lot and other similarly situated lots at the base of Red Butte. Similar to the original driveway and those of our neighbors listed above, our new driveways are configured with a steeper section off the street and a flatter section near the front door and garage. This configuration is the opposite of what Sec. 16. 16.060(h) requires but is consistent with the intent of the section to ensure safety. The safety features of a flatter driveway next to the front door and garage are as follows: . Allows a person to safely enter and exit their cars without having to negotiate steep terrain. . Allows for easier loading and unloading of vehicles without fighting for balance on steep terrain. . Allows safer ingress to and egress from the garage. D Instead of accelerating up a steep slope into the garage and then breaking once inside the garage, cars can enter at a slower speed. .., o Similarly, when exiting the garage, the attention of the driver would be directed to looking behind them to see that the way is clear rather than concentrating on breaking. o This safety feature is even more important in wintertime as explained below. . Allows for safer exiting into the street. o Cars, backing out of the garage or guest leaving from their parking place, can pause safely on the flat spot to look in both directions for oncoming traffic. o Likewise, on coming traffic can see cars well before they exit the driveways since their perch is above the road. . Reduces the likelihood of parked cars sliding down the driveway on their own. A reverse configuration with a steeper section closer to the house and a flatter section closer to the road would not stop the momentum of a vehicle once it started to slide down a grade required if a driveway was to meet the strict requirement of Sec. 16. 16.060(h). . Safer during the winter due to the southern exposure. o In addition to the increased potential for a parked car sliding down the driveway as mentioned above, all other safety considerations mentioned above would be erased if the configuration were reversed by compliance with Sec. 16.l6.060(h). o Melting snow sheds down the steeper face to the street thus minimizing ice build which allows better control when entering the street. (Refer to picture of 1540 driveway Aporoval of Permit Plans The Engineering Department's approval of the driveway configurations for our project was, under a strict reading of Sec.16. 16.060 (h), an acknowledgement of the limitations of the "unusual condition" of topography on our lot. The Engineering Department approved the driveways with a portion ofthe driveway exceeding the grade restriction of Sec. 16. 16.060(h). The language of Sec. 16. 16.060(h) states that the 12% grade must extend from the property line toward the interior of the lot for 20 feet: "All newly constructed or rebuilt driveways shall not exceed a maximum slope of twelve (12) percent within (20) feet of a property line bordering a public or private right-of-way." (Emphasis added) The grades approved by the Engineering Department within the property line for Side A were 10"10 for 10 feet and 26% for 10 feet and for Side B were 10% for 4.5 feet and 15% for 15.5 feet. The fact that the permit plans show a 10% grade for 30 feet beginning at the edge of the pavement for each driveway can not be read as compliance with the actual wording of 'l Sec. 16.l6.060(h). The edge of the pavement is 18 feet from the property line on Side A and 20 feet from the property line on Side B. Therefore, either the Engineering Department accepted the limitations of the lot when approving the design of the driveway or the approval was based on a mistaken application of the Code section. In either case, a fresh look at the unusual conditions is warranted. The driveways, as constructed, do indicate compliance with Sec. 16. 16.060(h) to the extent possible, considering the existing conditions. The driveways were configured with safety for the homeowners and public in general as the major concern. The safest and most practical configuration is the opposite of the one required by Sec. 16. 16.060(h). Instead of flatter slope at the bottom of the driveway and steep entry into the garage, a steeper entry/exit near the street and a flatter section at the top is the safest for lots affected by the steep incline of Red Butte. Having the flatter grade at the top of the driveway near the entrance and garage also meets the off- street parking requirements of Sec. 26.515.020. Off-street parking at the bottom of the hill would force guests to walk up a steep incline with additional safety concerns. The configuration of the as built driveways do have a grade of 12% or less within 20 foot of the property line. See the attached schematic. A driveway constructed according to Sec. 16.l6.060(h) would leave a dangerous pitch for the remaining 12 feet to the garage of34% on Side A and a pitch of23% for the remaining 20 foot approach to the garage on Side B. A table showing a comparison of the various approaches to designing a driveway on our Lot is set forth below. The purpose is to illustrate the common sense of the driveways as built considering the unusual conditions. Comparison ofDrivewav ConfilZUrations Permit Plans As Built Per Code 20' w/in Property Side A Side B 10~o-28% 10%-15% 27.4%-12% 23.7%-9.9% 12% 12% Approach to Garage Side A Side B 28% 15% 7%-17.7% 9.9"10-5.8% 34% 23% Relationshio to Other Provisions of the Code Another reason for flexibility in applying the Code to driveways, other than the difficulty of applying one rule to different conditions, is to make all provisions of the Code work. .1 For instances, if the lot were flat, the requirement ofa 25 foot front yard set back would pose no problem when it comes time to build a driveway according to Sec. 16. 16.060(h). However, when compliance with the 25 foot front yard set back requires a building to be built higher up on a hill side, then there should be flexibility in allowing the driveway to reach the house. Similarly, the requirement of Sec. 26.410.040 C 2. (b) that a garage be 10 feet "further from the street than the frontmost wall of the house" requires special consideration to allow access to a garage that is required by Code to be located up a hillside with a grade of more than 12%. Without flexibility, especially after there has been an approval for a duplex based on compliance with the above Code provisions, the result could be unfair, arbitrary and onerous to those who have been permitted to build and who did build. The existence of Code provision Sec. 21.16.070 recognizes the potential for conditions that cannot fit within a strict interpretation nor a strict application of the Code under certain conditions. A variance for our driveways is consistent with the Code's recognition of the need for flexibility for topographical challenges without compromising safety . Alternatives It has been suggested that we either build one driveway that meets the strict requirement of Sec. 16.16.060(h) or install heated driveways. These suggestions, while forcing compliance with a strict interpretation of Sec. 16.16.060(h) or an expensive alternative, are contrary to the nature and intention of the improvements and the stated community policy on concentrating development closer to the urban core in order to prevent development in ever widening circles into open space of our community. The replacement ofa single family house of 2934 square feet with a duplex (two homes) of3727 above ground square feet, on a lot that was approved for a duplex, is consistent with the Aspen Area Community Plan. The 2000 Aspen Area Community Plan states, "We should discourage sprawl and recognize its cost to the character of our community, our open spaces and our rural resources as well as the fiscal expenses associated with the physical infrastructure of sprawl. " In addition to efficient land use, the project was designed without heated driveways in order to conserve energy. Tilting the face of the driveway closest to the street towards the winter sun takes advantage of the southern exposure of the lot and avoids the high cost of heating outdoor space. Forcing an expensive alternative that is not only unnecessary but also contrary to principles of conservation is punitive in nature and not in the spirit of the flexibility that exists in the Code for addressing "unusual conditions". " Each duplex has a driveway, which supports the independence of each unit. A suggestion for a single driveway serving both units would compromise the visual aesthetics of the project and would not comply with Sec. 16.16.060(h). Because of the rise of the natural grade from the street, a single driveway would still have to rise at a grade in excess of 12% and would be a predominate visual feature from the street. As constructed the driveways protects existing trees on the lot and allows for landscaping to break up the massmg. Summarv We respectfully request the Engineering Department grant a variance for the two driveways at 1540 and 1530 Silver King Dr based on "unusual topography" as allowed under Sec. 21.16.070. We also respectfully request the Engineering Department recommend the granting of a Certificate of Occupancy based on the granting of said variance. We believe the variance is warranted by the existing conditions of the lot and while not in strict compliance with Sec. 16.16.060, the variance complies with the intent of the said section for safety. r~ f, iji Ul () !!! r < 111 ~ ~ \l )ll <; _111 )> 1\1 111 7. ("\ () r () ~ \l () ~ ~ II G , z () li\ IJl 111 ("\ -I 5 z -n () )ll ~ ~ ~ , li\ )> ~ li\ 111 OJ N"U ~'" ~'" an o ~: ~'" ~< >'" =;;i: '< I I . I r---~-' I \ I i 1:: I, i I I, Ilj " ~ l. /' I I! 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JDI .... XH'Ic:IDO NOJ.'1\\ON)l ~ l' ONOlVlMDlW '" ("f") ~ ~ u; 6 "- . ~ ~ z C""I ~ ~ 13 en '" ili - ~ - / / ,( " ' " B '" II M I- 15 0 -' ~I - - ~f ~i .~~ 5- , Ii I t!' L. ii~ ;, /. .:-/'> r'/ / \ ~~ ~ ~ / # " ~ "- "- "..~ ~ V c / 4: on ~'y M I- C) 0 -' .l ~.........._...___._.E County of Pitkin } } } SS. State of Colorado AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 26.304.060(E) I, .....- --J a. w.. <-0 ~?v-..o \IV t\v V'\ , 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 tp"" day of -<; \JY\.t.. ,200~ (which is ~ days prior to the public hearing date of (g \1...1 \ 0 I ). \ \ 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 (, day , - of 1:, 11\..... , 200---1, to the ]. \~ day of j\) (\-( , 200~, (Must be posted for at least ten (l0) full days before the hearing date). A photograph of the posted sign is attached hereto. Signature Signed before me this ~ / day of 200L by WllNESS MY HAND AND OFFICIAL SEAL My Commission expires:::) -I ) - 0 r3 St~-CLn_~ SkyQLltJ Notary Public ~",'~lW3g"'II~ ..$:.~~ ........l,.o/...~ . #~'.... ..~j..~ ~ ,"'OTAR"', ~ ~ : " r ~ -::: if ~!! ;; 'p ,,: ~ \;~'" VaL \ ...~/ ",%:'~"h""~~~# :l'111./: OF CO\.\I~,,~ "'''11I11I1\\\\\ MY COMMISSION EXPIRES: March 11. 2003 PUBLIC NOTICE '.,-."... RE: 1540 Silver King Dr, Request for Variance for driveways at 1540 and 1530 Silver King Dr. NOTICE IS HEREBY GIVEN that a public hearing will be held on Thursday, June 21, 2001, at a meeting to begin at 4:00 p,m, before the Board of Adjustment, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by James Knowlton requesting a variance from the requirement of Section 21.16.060(h) of the Municipal Code for driveways at 1540 and 1530 Silver King Dr, both of which exceed the 12% grade. For further information, contact Greg Woods at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5482, or by email atgregw{al.ci.aSDen.CO.us. stCharles Paterson. BOA Chair Aspen Board of Adjustment g:/planninglaspentnoticeslbavinnpz.doc "....., ',;...... BLUEPOINT PROPERTIES LLLP 1450 SILVER KING DR ~N. CO 81611 """,",,,,,' DALY THOMAS J & JUDITH J 1590 HOMEST ME DR ASPEN, CO 81611 HICKAM DOW B INVESTMENTS LP 227 HEOWIG RO HOUSTON. TX 77024 KNOWlTON GORDON GWYN 1540 SILVER KING OR ASPEN. CO 81611 SCHWA/HZ AlAN E REVOCABLE TRUST 1575 SILVER KING DRIVE ASPEN, CO 81611.1048 .,,'..... IR RICHARD E '. IRMURIEL KAY 1~ILVER KING DR ASPEN. CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN. CO 81611 FINGERHUT BERT 1520 SILVERKING OR ASPEN, CO 81611 HIRSCH MICHAel. R & MARY H 1590 SILVER KING OR ASPEN, CO 81611 MILLER JOHN L & KATHERINE L 1490 SIlVER KING OR ASPEN, CO 81611 SMITH JOAN FREI'tSLEY & SlE:pHEN 8 4033 GRASSME:RE DALLAS, TX 15205 WALKER JOHN E & JEANNE B C/O MILLARD ZIME:T 201 NMILL ASPEN, CO 81611 COUCHMAN DIANE P 4416 GRASSMERE DALLAS. TX 15205 GUTHRIE JANET UNO 44,34% INT LEVINE WARREN UNO 55-66% INT 1525 SILVER KING DR ASPEN, CO 81611 JOHN CAVANAUGH OLEARY JR 1955 TRUST 35% 700 LOUISIANA 35TH FLOOR HOUSTON, TX 17002 PETRICK RICHARD K 317 MILLER MILL VALLEY, CA 94941-2870 TAYLOR J DAVID 221 N STARWOOD DR ASPEN. CO 81611-9724 , . R.t~ f>t1t\-l 1500 Silver King Dr. 1520 Silver King Dr. , , 1540 Silver King Dr. ~ '- 1560 Silver King Dr. / '- 1570 Silver King Dr. 1590 Silver King Dr. 1590 Silver King Dr. , 1610 Silver King Dr. ...- 1630 Silver King Dr. 1660 Silver King Dr. 1690 Silver King Dr. May 7, 2001 III Mr. James A. Knowlton 1540 Silver King Drive Aspen, Colorado 81611 THE (ITY OF ASPEN Re: Request for Variation in Driveway, 1540 Silver King Dr. Dear Mr. Knowlton: . I h~"e me+ "';+h th~ C',+" ~n~;ne'" ~^r.cern;r.g Y^'" letl"r of ^n';1 16 200' anrl . !WIY II ~'I"u. V .., L...1~1I1~' VVI II V.... I I ......1 "'''''11', I, II"" your request for a variation in driveway design. . The City Engineer cannot grant your request due to the extremely hazardous grades of the driveway as built under building permit number 0748.1999. The Aspen Area Community Plan would not promote unsafe building site designs. Public health and safety are most important. The maximum deviation that would be permitted for allowable driveway grades would be plus or minus one or two percent. . The driveway as constructed does not meet the building permit drawings that were approved by the City Engineering Department. When the driveway is reconstructed to the grades approved on those drawings, the engineering department can approve issuance of the certificate of occupancy. As you know from our meeting, you have the right to appeal the City Engineer's decision to the Board of Adjustment. This right is established in Section 21.16.070 of the City Code, a copy of which is attached. If you have any questions or need any additional information, please feel free to call'me at 920-5088. Sincerely, ~)~ Chuck Roth, P.E. Project Engineer xc: Nick Adeh, P.E., City Engineer Board of Adjustment 01L41 130 SOl.TH GALENA STREET ., ASPE]\i, COlORADO 81611-1975 . PHONE 970.920.5000 . FAx 970.920.5197 Printfdon Rt'Cvc!edPJP<'r ORDINANCE NO. 76 (Series of 1990) AN ORDINANCE ESTABLISHING A MAXIMUM GRADE FOR NEW AND REBUILT DRIVEWAYS THAT ACCESS PUBLIC OR PRIVATE STREETS AND ALLEYS BY AMENDING SECTION 5-302 "CHARACTERISTICS OF OFF-STREET PARKING SPACES", SECTION 19-101 "DRIVEWAY AND CURB CUT SPECIFICATIONS", AND SECTION 19-102 "VARIATIONS IN CURB CUTS ALLOWED FOR UNUSUAL CONDITIONS", OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLO- RADO. WHEREAS, the City of Aspen has experienced a steady increase in the construction and/or installation of below-grade garages, parking spaces/areas and driveways abutting or adjacent to public and private streets, alleys and rights-of-way; and WHEREAS, recently constructed below-grade garages, parking areas and driveways have slopes leading onto streets or alleys as steep as 30% as measured by the City Engineer; and WHEREAS, the steep slope of below-grade driveways and parking spaces require or encourage increased vehicle accelera- tion to enter or maneuver onto the streets or alleys serving same; and WHEREAS, below grade driveways and parking areas present serious and dangerous line of sight problems for vehicle opera- tors and pedestrians alike; and WHEREAS, snow, ice and heavy rainfall can cause below-grade driveways and parking areas to become more difficult and danger- ous for vehicles and pedestrians to maneuver upon, even where such driveways and parking areas are supplied with heating equipment; and WHEREAS, the City council of the City of Aspen deems it necessary to the protection of the public to regulate the ingress and egress of vehicles to and from public and private streets and alleys and to promote public safety for pedestrians and vehicle traffic alike. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: section 1 Section 5-302A, "Characteristics of Off-Street Parking Spaces", of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 5-302. Characteristics of Off-Street Parking Spaces and Access to Street or Alley. A. General. Each off-street parking space shall consist of an open area measuring eight and one-half (8t) feet wide by eighteen (18) feet long and seven (7) feet high with a maximum slope of twelve (12) percent in anyone direction. Each parking space, except those provided for detached residential dwellings and duplex dwell- ings, shall have an unobstructed access to a street or alley. No driveway shall exceed a maximum slope of twelve (12) percent within twenty (20) feet of a property line bordering a public or private right-of- way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a useable condition at all times. section 2 section 19-101, "Driveway and Curb Cut Specifications", of Chapter 19 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding new subsection "(h)" to read as follows: Sec. 19-101. Driveway and Curb Cut Specifications. 2 (h) All newly constructed or rebuilt driveways shall not exceed a maximum slope of twelve (12) percent within twenty (20) feet of a property line bordering a public or private right-of-way. Section 3 Section 19-102, "Variations in Curb Cuts Allowed for Unusual Conditions", of Chapter 19 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 19-102. Variations in Driveways and Curb Cuts Allowed for Unusual Conditions. Under unusual conditions of topo- graphy, drainage, existing landscaping or improvements on city right-of-way, existing buildings or improvements on private property, or special use requirements for the property, a variance from the requirements in Section 19-101 for driveways and curb cuts may be given by the City Engineer upon filing a written application and a plot plan showing the building site and special conditions existing thereon. Any person aggrieved of a decision by the City Engineer under this section may seek a variance from the Board of Adjustment pursuant to the procedures set out in Article 10 of Chapter 24 of the Municipal Code. Section 4 This ordinance shall not have any effect on existing litiga- tion 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 construed and concluded under such prior ordinances. Section 5 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent 3 1" provision and shall not affect the validity of the remaining portions thereof. section 6 !u A public hearing on the ordinance shall be held on the f Chambers, r.....l<.<..-<I , 199., in the City council , I Aspen City Hall, Aspen, Colorado. day of INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City council of the City of Aspen on the ~ ~ day of !l/.'1; , 1990. , ./ -~-- ./ 'William L. Stirling, Mayor .... ,//---.- ..... ..':':-.....-... ATTEST: FINALLY adopted, passed and approved this ILl day of (P-~Vc~ l , '199fl. .; / /0 ./ _</ _ ~ ~_:" _ l............... . //. / '/ ~ - '--- William L. stirling, May6r ATTEST: ~ City Clerk 4 ,J' ,",,-.'J-. Tf:~. '. ;i'-'l h Ii i 'lJ::_~ , ,,1 FRO~~: Jt:)d C8s.....~all, ! R~' Driveway Slope . ,'J , . This ordinance was init, regular,meeting on Nove lic hearincj"conductedfo concern!''g"the availab! from th12~1 slope limi was con nued to allo";"..' with a ,oposed amendme" CC?Uld, se,..K"relief from; cJ.rculr.stances. As indiclted in the limitation is to be J.nc, Municipal Code, to witi" Code, and Section 19-101 ot:1C': Public Property"". req'..:~re!!ients as imoosed " the Board of Adjustment" juri~diction to grant va (a dimensional requireme" Chapter 19 .of the,Munid ~ :..-;; .-"t.) '" .~.~. :~:\. Pursuant,to:;.Counci1:s cCl an amendmen~to the1driv which!a person aggrfeve' the 12jr,~l.?~ limi t~ti90 variance, request to~the. amending section 19"'102, the 12% srope limitation review orlan' application cut permi t*ta person dis variance tHerefrom by pe' ;--:'. -4 t EMc/m~. ""~Jlt.,, ,>}; cc: ci tY;<,Engin~er,rl,c~: Planning DJ.rector,' , .,tt,l;'~' ,."tc', ,;,'ii); 1,- I t ""t' 'f" . ;r. -. 'J""" .....< . . ~~:" ": if'",' f T;f".,_~~~:,- ": ~ '," """',,', . If ',': " _,":':1: _~ g at your eading/pub- e raiS'ed., . ng:re1ief rdinarice :\later date '~'. '-'.>.-' "'-'. ,,~;~person peoial", : ":i}~t'----~.... "~~_'~"" !~r,~:~_'"'.(' s:' drivewa:ls10pe hapters of' the 'er 24 j"the )'.imd Use ts, Sidewalks and diL,ensional e l'lay, be g:'anted by end the P;,ard's Y SlOj limitation ,imp , ~~ unde"'fI~' , . ' .:;.'" 1f/i..;- , , "-'IL" -f~~~ ,.~, ~;..; ,( .ClI1':1I.~t. oU~i'\al:>ove, ",~~~~!ttadd,es:\?und er 1.t~Engil1e:.~ to ~~~~J~{g,,~'~~, J;.o, n 3 ~ S;::,H.~J;Il<.ei1)<o'!:let!ier ~ t.. to:;..~lI111.nd'use ' .or ak:~rJyewaY/curb irelllent'!'may.seeh a , Adjuo;tment." '1 ~','.:1;~;1~""~':Z):l,~~.L~~:;: . ""lc<,:h:tl~~.." ",' . .i">-l.'~. ;t~~ ..~ '. L ,j:, If .,t-,:/; , ; f {i 1! t; 'It ,~.' tl '~I '\1 ;'1 11 4 'i' '.11 fl " ! +,... ~~r ~f ;t;t -,Jk;.;:' A-<' .'it, '--;->$~:;.'- ~,\t :tt '''' ..41 , S ':r .;:~!.l' i~;~.~~;-,:,~!': t,- f'.l -'~~;~:~{;:f" -~,,' -~'I' -.:;.. .:"~~t>: .... f .;.'~~i \#!'Iv 1~',\, :., ..: i,;,. ;- ":~.,:.)~_~: ~ ., . \:,' ,..;t~. ...::, '.' J' , ~ }{': <i""!'- . . '~, ~ ' {~KrfYr,,'~m-T'>)l~S? Fl\~ ~".~;: ",,~~\,-1-i.e,~~;;:;'.,i. - ~ . - ,:;-':' ih O:~'iljjhi:~l;:n~o t re c t,.,U ". ~"I,~ 'v "f'" i d "p 1611 :f.!, t~"SP~~~~~ ~,.fi..p~o .E'{ i";"""" 3l\70~i},r;Z:>\l-~O . ,,', 'i,rj~ '/,:'+'", \ DA~E:. Dec'i!mber 26, .:.1:99~l", '1.fil !. !, f;~;;' ,O:F~'" -}' ~;(\" 1. TO: Hayo: and C i ty;couriqil' (<1 ~ ., '1' ~' "~':~: ;::~, .;: -t: , FRO:':: J"cl' Cazwall, City,:Attorne~~L.~ RE: Driveway Slope ordfnanc:e r " .r ,.-,' h".: . J'" , \~;--:~ '~:;.., : 'lr ~'?: ';:f.:.; .~\ , . .~" '.0", "'! _!". , , ,/ I ~;. This ordinance was initially approved on first'reading at your regular mectir.<] on Nove~er 26, 1990., .'.+. the. se:::on)l rcad~ng/pub- lic hearing 'conducted on 'December loth, crucst:Lons were ra:Lsed concerning the uvailabiJ.;ity ofa;mechar.isn for,'gran:\:,ing relief from the 12% slope limit;a:~i(m.;.Consid"ration' of the. ordinance was continued to allow6.taffto'rret.urn to Council ati,a later. date . with a proposed amendmen:t. providing a pro:::edure by''i!hichia person. . could seek relief from tlje 12%p~ope lirJi tation und~;r F'P.ecial; circumstance~ . ",t<.,." '.~j"-'" ,,' .. .J. ~,~ (" ~'" ~"-I,""j,Y'" -, -. "-':.;r,;..:"J ., .f .c,'" ," -';gf"":" .).i_J'~__>!r -',~.~~t:-. :. \ As indicated in the proposed ordinance, the 12~ driveway slope limitation is to be inclu.ded in,two separate chapters of the; Muni cipal Code, to wit,'s,ection 5-302 of Chapter 24;' the ,',ancl' Use Code, and Section 19-101\~f Chapter 19, 6str~ets, Sidewalks an~ ot;!",:, public, Prope:-ty" . ".In that ,varia!'.c!?s tcj dil~ensional recru~rements. as imposed un~'~r th~ I,Clnd U~e C de I'lay,l:>e g'.'anted by th~ !loard of, 1,dj'lstrn'2nt,',it makes sense ~" etend the r:.>ard'n: jurisdiction to grant variances to the drive' ay slope limitation (a dimension?l requirement) as the same "':':i' /i! i.n,po'Jed under ,,> 'I. 1. "J" Chapter'19 of the Municipal Code.... ;,c:'.". '~rsuantito\counCi1;S co;ent~~~d th~ info~~tion:1i~ out.a~bve, ...."an amendment to thedriv.eway'slppe ordinanceS has bden added!under " 'which a person aggrieved,.';<e"by,ad'ecision of the r::ity"E:l'1gineeras to ': the 12% slopo 1imitation.Wlnay'app~al that decisi.ont1iii,ough ai -J,. varia::ce request to the ~pard'I" fAA~j':lstment." (Se~ :I,),~:W,: Section 3 .~.: amend:Lng Section 19-:-102 :Q.f' th 1'lqn:Lc:Lpal Code.)~ HeJ:lge, wheth'i!r the 12% slope limitation~~s i~ licated pursuant to a~~and use ,.: review or en application<to t~ ',qity E:ngineer for a id'riveway/curb , cut permit; a person dissatis~ ed with the requirement may seeh a variance therefrom by petitionIng' the Board of Adjustment. ~~ < ; i' ~Hc/mc ' J' f i ~.1 .~ cc: ~* , ,,<.jlLm^~,'- City Engineer Planning Director ~~.~ ~.~. 'j , :; '~: }'I. .~~ "i '*!~':'~':'., ,.."....,';,. -",: .c.,. , >."/$t''- '" ",.:t, .::-,,(I.'1:~\-; -,';;" l("J ,;~.~~~;, .:::t;[.;. jt"""'"<l"",;~~"",,;,,~~,,,,,, .' ",'" ~'~1~~~ .,,,,,~,..,.-:~:;i!.",,,,.- '.,,',';:-!. ,I :~;,'" -':: _ -.:.:,oi' , ....~.:;;~,2~;J;',~f. z.d~",)'~~';;1;i~1~. .....;,l':4,,,.~Fl~~~,i+,; 11";~"..,~~- , ~~. '\ :'i ..;;~. 'f"' '" ,',~~' '.~ ,. ':'~ ,. , ~. " .~i \;, \~ , ~~ ; ; I j: : I [I , , :'1 I,' :,1 :',1 ""1 'it: I ! 1 , , , " . . ;::}~, .;,::<. .y .... . . l J i I HEHOIV\1: D' l ~:::: :,~:~:, c;;::i~~n~d~t J!;lr ci::h, 'f1~1;)1_: r~ \:I;i'}:~~ J)i~., l.'; lnc;~ n0t~1, ci ''"':' }-:n(' i nrnrf(; '!'L~'I':~~ 1( 1':, 'l :'nq Lt., \ r .~;'~',t, ,-~;'; !.::'Lo+:\" ;;;~;'1 ,;t ~:' "~;'~i~.J. ~. ""':+'fi~i ';~~. ""- ~'t. ::.C ".-"jt;~t, !-~~.\' f--'\::.: , \ J '-" .1 i J ,f.. c' . '.1: ;!~;2l ~t~~,-;:;.;, :,rJ.;~~:t : 'J\~"";~:'-'- :~~'~_~:'{.;-r.:" Pf 5' .'~. ;I(;'~' ;,..;/ ',~ ,~: ,";,r r1(11)' .1 i _.~' K\ i '::~~l~l : ';': ~ I'U: ':.,,"l;: i , , '. I t I '. S-!0n('~ of c-:r:v(:v"'-<l'~ <l.nu off--:-;t'.rcct p:1.rking 1---..!- . ", I ~Ti}r.rJ'lnY: ~;t" ff, ir; r0rTll~::tinr"f 'a c:b(l;' anJ0nd~C'nt in order to addl~Q~:: 1~n)',:':-'.snn~b1y ~tc'~'!1 (lr.ivr>\1~~'s,_,__C\rid ,lff..ctrcct p:trking which h~\'l-~ ; .""11 con"~n1Ctec1 in tm:n ~nd. tol pu'v~nt fUl ther such.desiqn lln.j cons<:ructlon. .'..t <If .; comleIL GOl\LS:Goill HI - Towo;l tOgathcr with aiWpeopie in the ]~oarin')' .Fork \'~lley. Gn,,1 ~H -ITr' c1cvelnp a con5it::tent and filic' 'j0Vt:rrnnent. (;('1;\1 if]:; - '2',", protp.ct :~nd r;erVG our rcsid('nt!:. ! }I("'Inr~. ! ~ ': C~ : }l(JV~;:~l=)(~r ! ()()0. n ", 1~"'" : :"'r~:"'.')tTS rC'f;': 'IT. .:'\("~' "....'.. I , :~.':~otHEl: '1':: ('LY' :-::1"\'''''> 1-.'0P!1 Sf", ,~"il undocumented reports (If ""'-"'~".'~-; ;,-;' ".'~,.-, , S:.l"~) thott1 l. t.or.l:.ts have tolled bn.ck int,,:: ..., '.' :'Y))-... _':.'n .1lrll"jll -i-hd si",:: are heated ~Iith enow mcltin'l .:...... ...:cc.hn ,"j \""./ilY" "no cli4ti9ul r. jO negotidte - in the winter: OJ~Q con<)ominiUTIl. o\;rner. h~\!:".. Sr.att'cl h .. cannot exit his drivel;'''Y ~:~-'~hotlt f0~~~ ';:~""cl drive. Tticre };::V. been reports of vol,iclc:: ".)ttc.::Li ng out i:t:. i:hcy e:.:itcd'i th'ej r rivCI;,ays.. One. resident .h2." ~~~'~~~~t.e stel'" <llongsidc thedl~~r'''''>lbecause the:1\:~veway is so T':COB~'EH DISCUSSIOll: The er:gi 'eerincj !.de;artment h~'i"'inv&stigateel .1:!le above refcrcncec1 matter a dlfccls the problem""'is threefold. I'irst, t~lP r::;'~,~ing r:rar:cs 0.re so :-:tccp th.:\t they_ _ arc not even '.."_~ed. ~;ccorU,':-1 great (~c~l of adcc_:_,--~ri\tion is needed in Qrder tn (<-:it the driv(',;;':))' <1nd cr~tcr t.het r'1..l~)lic ri<Jtyt-o[-y~y \:hich i~ ,~ ; ~::,!'nJ to !:i('.'rc'ri~~ts or ped0.strian~,., ',:ho arc alrc<J.dy in the nl1('~,' "tTee t. Tninlly, the motoris't." line of sight to the pul:>l j c L:<Jht-of-vi'lY is obstructed by thel drivewi'lY ret,aining w<::lls. Please refer to the attached mapiwhich locat~t;::fift~en d:dve;lays in "\spcn for comparision. The m9st extreme slopes arc. 30%.' .The engineering dep~rtment examined codcs.from several municipalities ~ncl founel one <Juic1eline ~ll1ich spcr cfied a maximum slope for u n,,;jdcntj~l drlvclluy of 6% and t~~ a."comercial driveway of, :3~. 1'110::-' p~r~meters nppear to bc. ino~e .i1-igig than .are-._,necessary, therefo,::,e staff is recom~en1ing' ~that /[11hC slope of("' thi driveways <lnd of: street parJdngl spuces in .Aspcn be limited to 12%. .... '" ~ - ." , I - '. -' , . 'J "l 'I "~,':( . "---''''~"";'~''';~-'' .'[" ,J. tl, .....7.~'^"!:~.~:'::', .t~~:'f:.r>-""'..'l"..:."'".-"'.'.'.'~'''~ f,' ;,,~tc?...~_:'A"'..'."'.'.:..~'.'.....'...I~..."~.':_.._.....~...........':...-.....r:...._-....:.::;'.~........~.:.....:..~'..~.~.....,,~..,..~......':..,...,'.:.........:~.,~.. <.. ." r~.1..,..,.' I'>;~~"I ~~I'~,~,"" Nl.. '" . : ....:.. .....-~0K;jJ~:~'~~~~;;~;i;?~~j~t~~,-. . . '.'.- --~~.~$Ni~~._'<.'.'.,;..;.....~.--~.L.~:.::....';..~~:...<,'{.:~'.:: <_.'.:4...:'...,.~..:~ ..t::'.~;.~i.':/;.;.:..!,~.',;..;.:.-~.r.~..',.,'-.~f..l....;? :t.;:,~.if.f--:._'~.:._' .:::..",~~.-r.~~~, \;,.:.;,~_:.. ~:,~,'~'n~'~~~~~:~'~~~~i'~~{~*'_: ~ . - -', - --~" " - ~ - - - - -,' - - -~::r ........~:. - .. ,.,~.:., .-~~~..,1: f'/.}',7_ ;:;.';.',~ .~:.::'> i' :-~:'''r:.:':_.'' "':-"<. ,,; :'../' ".)/ ' J,'; . ";"'---.;' . ;..\.ji_';~r~!~,;~\~'::' ~ f , I I! II ., . I f , ,'- , " . }: f. t~ '- R. r ~', ,I'~.. '-,l. r . ,. ,,'.' ;!.', :"'~ I :......' .', '. ~(-' < ;;. .. ~:-.. .r H ~l' ~l ~)f fr ~ r; f I i f.-. . ".t,.';: ~>;'l . : :~~t;\~-.- ;q::.~.~.j~:1_.~};;tf.:n~::,!:y~<~:,!:,"~'-:i.-:~' -"':':>,;~~i,:...t~<H~#J~ ~ .'":~t:.~., .:,~.,tt~~t ~ . "<~,,/~~~)~:~~~.,,,.>,~ Y!','.i;':,(..:it",:1~r.,r-,~'~" .;~~,',':~, ",.2,,;f;"t~~"~,~:'IJ~j;~, ~fr.,~'~:,;'~' \",.:~~~~,::,,:,) " ., ..!, ",\""""~"",,, ,..'j,,,~, 'iI'.,,"" .,C, 1>' "K":\t~.~ "'Il:,,' ,..~", 7~,!', f,,~,~;,,;~,,;,',",,'~,~~~,;,~,;,}~,,: .,..;i,~:":,~,~..,",:~;::;~i,l",,_;r,, _.",','", "'" :?:':}::~:;~r'i.~if~,~~::~~~~j":i;~~:c;,~rq~::~ffjl\~";:":..u.:j;f15:'~:~3' , . -', ~,' -,- -_.-'-~ ~._--- ,tee,"":,'. "+:'$ ~ '! ~ . 't- I ~"P.-"". , , . .' ..-_. FINANCIAL INPLICA'I:IONS:' None. ' ,,-, .fl.;' , , .' i " RECONHENDATION::' Staff recommends thati',an ordinance amend in" section 5-3021", chapter 24 of the Mun'ici al code of the' City ot Aspen be apprlved by Counc il. .' ~i i'iJ, ~~ rr:". _ - .( ~ ,,' PROPOSED llOTIOl/:' ,,'I move to apDroverOrdinance No. (Scr~es of 1990) amending section 5-302.A, Chapte!'24pf the Municipal Code of the city of ASPer' 1 ";f f I . . , : __ I CITY J.WI~.GER P-ECOl.n-lENDAT:I:Ol,S: .J- ~ ~ r --r- I. , RT/rt/MC9C.1, . 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':,,','>tC: -CJ ..' -,$. 155 ~ '. .., '~Ti~~:,~~. ~,.:... . . :'.~. ~~'!t~v~f0;:::W~ ~I;~~. .:. ~l:) ~..()~.~;~;}if Mi,~L?;>'~.;;i'9iJ.,3.tiJi:3 '.' ..... c.' '. . ;'(.~' .:,,- . .. '-0_'''' PRl'mr.I' g ""' ~ THE CITY OF ASPEN BOARD OF ADJUSTMENT APPLICATION PACKET DATE JfW-l7' 20{2l CASE# APPLICANT JOM....~ ~f\.bW(-hI PHONE rZS-~'tR~ - MAILING ADDRESS [5"40 5dvu- iL~fo&t D.e... ~put. (.cf) <8!(py OWNER Gw~", GC)(~(\ LUww 1.le:>V'- PHONE -:a~ MAILING ADDRESS ~M.-< LOCATION OF PROPERTY ['5"30 '5 I \lIer lLL~ L:>L ~~ (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL? Yes 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. ')<l ~~cl\f'N,V\+S: K4'1J~ ~Vn'l ~ t:l~<("l\ut ~-<..\1:H; ~ it.... plo.V\, pfof-tf.4/ 'Pi'c..~~ A,~ REASONS FOR DENIAL OF BUILDING PERMIT, SED 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 "'t;.,'" , "'~~~--".~'-"-.'-'- -"---~-""'- , ' VARIANCE REQUEST FOR 1530 SILVERKING DRIVE '-' Owner requests a variance to allow below grade structural support within a side yard set back. There are no structures from the natural grade up. There is no yard. The structural support is noted as a planter on the Improvements Survey attached to this application. Also attached is a letter from the building contractor, Trautner-Long Inc., stating the reason for the structural support is safety. The special condition and circumstances necessitating a variance is the steep grade of the parcel (approximately 32%) and a talus slope. Please refer to cross-section of the property accompanying the improvements survey. The most effective and least intrusive measures for ensuring the safety of the building and its inhabitants is the construction of a tiered 6 foot high curvilinear walls, 7-4 feet below the 32 percent natural grade of the lot for a distance of approximately 13 feet (8%) of the total length of the lot which is 146.72 feet long. The variance does not increase the allowable floor area, height or other dimensional requirements of the R-15 Zoning. Granting the requested variance extends no special privileges. Strict enforcement of the 5 foot set back requirement presents a hardship that is unnecessary and one that can be easily and practically avoided thereby preserving the right of peaceful enjoyment of the parcel. Granting the variance is consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan ("AACP"). Design Quality is one feature of the updated AACP. A statement in the "Philosophy" of Design Quality applies to our variance in that it supports design flexibility in order to the cope with the natural terrain, in this case, a steep grade and talus slope. The pertinent language is found at page 43 of the updated AACP: "We wish to encourage creativity that results in design solutions that are fresh and innovative, yet are net additions to the built environment by being contextually appropriate and harmonious without being copies of that which already exists." A tiered curvilinear wall is contextually appropriate because it provides a creative solution to the problem of additional support for a steep grade and protection of the talus slope. It makes possible the reasonable use of the existing structure. A letter of support from our adjacent neighbor Bert Fingerhut is attached. .- rKo~ , FROM -. FAX NO. : 970-925-8780 Dec. 14 2000 04:41PM P1 . . . . TRAUTNER.LONG INCORPORATED . . . . BUILDING CONTKACrORS 315 E. HYMAN. ASPEN, COLORADO 81611 970.920.1414. FAX 970.')25.8780 December 14, 2000 Jamie and Gwyn Knowlton 1540 Silverking Drive Aspen, Colorado 81611 Re: Retaining Wall on East Side Lot 65, West Aspen Subdivision Aspen, Colorado Dear Jamie and Gwyn, The retaining wall to the east of' Side B' was constructed because when the base of the talus slope was exposed during elCcavation it was realized that it presented a safety issue. It was necessary to temporarily retain it with soH nailing during construction for the safety of the workers on the project. After construction the permanent wall was necessary to protect the house and occupants from the unstable rocks above. .S~:Dr- _ ~~~n;-""- >>-.....,- 1 , , Bert Fingerhut 1520 SILVER KING DRIVE ASPEN, COLORADO 81611 ~ 920-1934 J !Y January 29,2001 City of Aspen Board of Adjustment 130 E. Galena St. Aspen, CO 81611 Re: Variance for 1530 Silver King Dr. Dear Members of Board of Adjustment: This letter confirms our support of the Knowlton's request for a variance to construct a retaining wall in the five (5') foot set back adjacent to our property, 1520 Silver King Dr. as described in their application for a variance dated January 29,2001. &~ Bert Fingerhut 1520 Silver King Dr. Aspen, CO 81611 ,.""'...... , - \ ----. '-- ". , '''-'' '. , ....... I ,., , '----- -------.. ---- ----.-- ,: I' ~' I t I ! , I , I [CJ '. "-....... --......,..-. --1-- - ------ I' , ' , i j i ! I -. ----- ---- I !'I ~ -------- ---- , ~- ----- \ -----. -----.......... ,,,..... 1.>.(. .....vo b......'-'~ -.~ I ~ --::r> ,,,," <aJtQ.t..__ .~- """UIS~ J' o o ~ I o [\ ,. <Ie.~ f' F ~ : ~, \\ . - '\ ~-' ,~ .~~. J ... ~ , - o ~ I o o ~t> I I o I ~.. ( v .1" , " , o (..... .... 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CITY OF ASPEN B~ OF ADJUSTMENT '-' June 21. 2001 DECLARA nON OF CONFILCTS OF INTEREST ...............................................................................................2 MINUTES ....................................................................................................................................................................2 CASE #01-02 -JAMIE KNOWLTON, 1540 AND 1530 SILVERKING DRIVE .................................................2 1 /"'0. CITY OF ASPEN BOARD OF ADJUSTMENT o June 21. 2001 ~ Charles Paterson opened the Board of Adjustment meeting with Rick Head Jim Iglehart, Bill Murphy, Howard DeLuca and Mark Hesselschwerdt present. David Schott was excused, Staff in attendance: David Hoefer Assistant City Attorney; Chuck Roth and Richard Goulding, Engineering; James Lindt, Community Development and Jackie Lothian, Deputy City Clerk. DECLARATION OF CONFILCTS OF INTEREST None stated. Mark Hesselschwerdt served as the alternate. MINUTES MOTION: Rick Head moved to approve the minuets from Case #00-13 and Case #00-14 from January 4, 2001. Corrections made by Mark Hesselschwerdt, Jim Iglehart seconded. APPROVED 5-0. MOTION: Rick Head moved to approve the minutes from Case #01-01 from March 6, 2001. Mark Hesselschwerdt seconded. APPROVED 5-0. MOTION: Rick Head moved to approve the minutes from Case #00-04 from May 17, 2001. Corrections made by Charles Paterson. Mark Hesselschwerdt seconded. APPROVED 5-0. PUBLIC HEARING: Case #01-02 - Jamie Knowlton, 1540 and 1530 Silverkinl!: Drive Charles Paterson opened the public hearing on 1540 and 1530 Silverking Drive for a variance from the requirement of Section 21.16.050 (h) of the Aspen Municipal Code on driveways, both of which exceed the 12% grade. David Hofer stated that the notice was provided. Chuck Roth explained that when the duplex came in for Certificate of Occupancy; he inspected the site, the driveway slopes were not as approved on the building permit drawings. The city code provides for a 12% driveway slope for the first 20 feet from the property line, the intention was for a reasonably flat spot on private property for a vehicle to stop to observe any activity in the public rights-of-ways. Roth said that the slopes measured were far greater than what was stated on the approved building permits. Hoefer stated that for clarity the approved building permits would have been in compliance with the city code. Roth responded that was true. Hoefer stated it was the "as built" that caused the problem, the way that the driveway was built was a self-induced hardship. Roth agreed. 2 . CITY OF ASPEN B~ OF ADJUSTMENT o June 21. 2001 Jamie Knowlton, representing the owner Gwen Gordon, stated the reason the driveways exceeded the 12% grade was because the house was built on the foot of Red Butte, which makes it impossible to build at a grade of 12 % or be in compliance. Knowlton said that they were before the board for the engineer to reconsider the non-issuance of the Certificate of Occupancy. Knowlton stated that it was safer now for egress; the house was built on a very steep slope, which was impossible to build anywhere else on the site. Knowlton said it was safer because they can see better, take advantage of solar and better for public access to the homes. Knowlton stated that was why the criteria was satisfied. Knowlton said that staff argued that it did not comply with the code and was in conflict with Title 21 but Knowlton said that he felt this was consistent with Title 21. Knowlton stated that he measured the bases of driveways along the street. He said that he was not asking for anything more but for what everyone else had; he said there was an undue hardship for building the house to begin with; they had to reduce the size of the house due to the steep grade. Knowlton asked that they be consistent with the code because they have met the criteria. Knowlton said that he didn't feel that was an appropriate decision that staff made but he said that he took full responsibility for building the driveway the way that it was done. Knowlton stated that this was not malicious; he said that the way that this was laid out in November made sense and in the way that it was built. Knowlton said that he apologized and did not feel that it was properly drawn in the first place. He said that there was a topological challenge. Gwen Gordon stated that she believed that this was safe and the best solution at that point. Rick Head said that the driveway plan showed 20 feet at 10% and then it went to 28 feet; he asked if that was in excess of the 12% grade. Chuck Roth replied that the topography as indicated on those drawings stops at about 12 feet in and that there was at least one mistake in the drawings and it needed to be drawn and certified by an engineer. Head asked if the driveway was snow melted, Knowlton replied that it was not snow melted. Hoefer asked what the mistake was on the drawings. Roth responded that the end of the road was not the 20 feet in and that one of the lines was not right. Rick Head said that what was allowed and what was permitted was different than what was built. Jim Iglehart asked if there was a permit that exceeded the code, as you know it. Chuck Roth answered that he did not believe so, the drawings were in the building permits and the topographic lines were lacking from 12 feet in after the roadway. Barbara Long stated that there was a section on the permitted plans that showed the driveway section as part of the permit for both driveways. Barbara Long, architect, stated that it was surveyed. 3 -- CITY OF ASPEN BOARD OF ADJUSTMENT o June 21. 2001 . Howard DeLuca stated that all driveways on that street exceeded the code; he asked when the 12% grade went into effect because none of those driveways came before this board. Chuck Roth replied that the code went into effect about 1990. DeLuca said that it seems like the city overlooked a lot on those driveways. Roth stated that in order to accurately respond to that he would have to look into the building permits on each lot. Roth said that the immediate next-door neighbor (down valley) would be built in accordance with the city code. Paterson asked if there would be a difference in the code for a southern facing driveway rather than a north-facing driveway. Roth said that was a good question but the code wouldn't be written that way; the 12% came from townhomes that were built with very steep driveways to alley access (up to 28%), this was a source of concern. Roth stated that he contacted a number of other communities with driveway standards and 12% was the consistent number. The city engineer felt that the 12% grade was excessive because it doesn't meet the 8% ADA requirements. Mark Hesselschwerdt stated that the code was written for that subterranean garage scenario patricianly coming into an alley; he noted that the driveways were well- spaced residential driveways coming down rather than coming out of a hole. Hesselschwerdt said that they might be trying to apply a part of the code that may not be appropriate here. Paterson stated that was why there was the board of adjustment. DeLuca asked if it would make a difference if the driveways were snow melted in the code. Roth stated that was not in the code but that it might have been considered, if the driveways were snow melted and said that if the applicant had come in with those variances, it would have been considered. Roth said that this was after the driveway was built. DeLuca said that then they would have to mitigate for the energy code. Jim Iglehart said the house could have been designed a little smaller to mitigate that extraction for the energy code, if snowmelted. Rick Head asked why the house wasn't designed lower to start with so the driveway access would not have been a problem and asked why these problems weren't considered going into the design. Barbara Long said that there were two design issues, garages had to be 10 feet from the front of the house and that the grade of the driveway cannot go above or below two feet from the set back of the grade. Ian Long stated that the driveway could not be cut more than two feet below the existing grades, so the driveway couldn't be lowered anymore. Rick Head stated that he had wished that the applicant had come in before rather than after; it now was a hardship created by the applicant. Head noted that this was the second time the applicant has come in after he did what he wanted to do and then asked for permission later, DeLuca asked who developed the numbers for the percent grades for the existing driveways and asked if it was inside the 20 feet. 4 -- " . CITY OF ASPEN BOwtID OF ADJUSTMENT - June 21. 2001 Knowlton answered that he and Ian developed the numbers and that it was inside the 20 feet. Ian Long stated that he was the general contractor; he said that the issue was safety only. Long said that there was clear visibility both right and left in the winter because the trees were leafless. Jim Iglehart asked if the driveways were snow melted, Long replied that the driveways were not snow melted. Mark Hesselschwerdt said that they probably have done the best that they could have considering what they had to work with. He said that the site usually doesn't get done until after the rough grading was done and because of the city code. Hesselschwerdt said that they ended up with what they did because of the grade of the site. Jim Iglehart said that he agreed with both Mark and Rick and needed to be convinced. Bill Murphy stated that he didn't know when the other driveways were built, before or after the code and if they had permits. Howard DeLuca stated that it would have been nice if the applicant came before the board to mitigate. He said that the problem he had was that the applicant knowingly built what wasn't according to the permitted plans, Mark Hesselschwerdt said that this was built and no one else had to go through those criteria. Hesselschwerdt said that this driveway works and the neighbors' driveways work. Head noted the safety concerns and the abuses by the applicant. Charles Paterson stated that the board had to give credence to people who built it. Howard DeLuca said that this whole neighborhood had already built with out knowing the situation, DeLuca said that to deny Knowlton the same consideration as his neighbors, even though he did what he did would not be right; DeLuca said that he did not agree with what he did. Hoefer stated that as Mark noted some of the other driveways might have been built contrary to their plan or prior to 1990. DeLuca asked to find out the number of snow-melted driveways, The board discussed continuing the meeting to obtain more evidence on the number of accidents, the number of driveways coming out of basements and historical driveways with passive solar collection from south facing. Also discussed were the mitigation factors that the applicant would have to do because of building the house on the side of a mountain and because the driveway was built against the permitted plans. The other driveways were 16% to 22% and this 5 -- CITY OF ASPEN BOARD OF ADJUSTMENT o June 21, 2001 . driveway was 28%. The city code required 20 feet compliance, which was discussed, from the property line to the roadway and what the applicant needed to comply with the code. Chuck Roth stated that garage B had the permitted driveway at the black line, which was higher than the road at the middle and that was not the permitted driveway, the permitted driveway tied into the edge of the existing pavement. Barb Long stated that on the original plans that the original driveway was slightly longer with more of a curve now. James Lindt asked Jamie Knowlton if the numbers were based on the first 20 feet. Knowlton replied that the measurements were taken with a digital level and it was a duplex on one lot; therefore they had to have 2 driveways. Knowlton replied that it exceeded the 20 feet but said that he would like to ask for the variance now. Knowlton said that they did the best that they could with the as built; they met the leniencies allowed within the code. Knowlton said that the mountain was an undue hardship and that there could have been a different curb cut. Knowlton said that he didn't feel that brining in the project now shouldn't matter more, rather than ifhe would have brought it in prior to building it. Rick Head asked that on a scale of 1-10 what was the staff position for the recommended denial. Lindt responded that he deferred to Chuck. Lindt stated there were probably other driveways designs that could have been instituted, such as a single curb cut with a split off after the 20 feet. Chuck Roth replied that he could not give that answer but he heard many arguments and that it may not be safe and that the city engineer said that it was too steep at anything above 12%. Chuck Roth stated that on the house next door they were required to have a maximum driveway slope of 4% within the public right-of-way. DeLuca said that there was nothing in the code regarding what they could do within that 20 feet. Iglehart said that if there was nothing in the code for this, and then they had a hardship. David Hoefer stated that the board needed to stay focused on what the request was for in this case; they could have designed the project without creating the problem. Iglehart asked at what point in the design process did they know that the issue would have to be addressed. Hoefer answered that he assumed when they applied for the curb cut. Iglehart said that this did not apply to the gray area. Hoefer restated that the issues were that the applicant could comply with the code; they . obtained a building permit in compliance with the code and then they unilaterally decided that they could change that, now they are saying that they have a hardship, Hoefer asked if they really had a hardship. Hoefer said that they could comply, it may not be the best solution but it was the solution that they originally presented. 6 . CITY OF ASPEN B~ OF ADJUSTMENT - J June 21. 2001 Hoefer stated that the board identified the issues and it was the decision of the board if this code section was too onerous. MOTION: Rick Head moved to approve the variance for Case #01-02, 1540 and 1530 Silver king Drive from the requirement of Section 21.16.050(b) of the Aspen Municipal Code for the 28% driveway slope, finding that the review standards have been met. Jim Iglehart seconded. Roll call vote: Murphy, yes; Iglehart, yes; DeLuca, yes; Head, yes; Paterson, yes. APPROVED 5-0. Head explained that the reason he voted in favor of the variance was because of the ambiguity of the code, every other house on the block. DeLuca stated that Mark Hesselschwerdt moved to adjourn the meeting at 5:30. Jim Iglehart seconded. Approved 5-0. Jackie Lothian, Deputy City Clerk 7