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HomeMy WebLinkAboutlanduse case.boa.810 Bonita Dr.003-01 NOTICE OF PUBLIC HEARING CASE #01-03 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for vanance. Particulars of the hearing and requested variance are as follows: Date and Time of Meetinl!: Date: September 27, 2001 Time: 4:00 P.M. Owner for Variance: Auulicant for Variance: Name: Jody Cooper William Lukes Address: 810 Bonita Drive Aspen, CO 81611 P.O. Box 8289 Aspen, CO 81612 Location or descriution of urouertv: 810 Bonita Drive, Lot 20 West Aspen Subdivision Variances Requested: The applicant is requesting a variance from the duplex floor area requirements of the R-15 zone district to increase the allowable floor area by 211 square feet for the conversion of the garage at 810 Bonita to living space and the construction of a new garage. Will auulicant be reuresented bv Counsel: YES: NO: X The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman . MEMORANDUM TO: Board of Adjustment Joyce Ohlson, Deputy Directorjt;:) Sarah Oates, Zoning Office?D THRU: FROM: RE: 810 Bonita Drive - Jody Cooper Residence DATE: September 27,2001 SUMMARY: The applicant requests a variance from the floor area dimensional requirements in order to convert the existing garage to living space and construct a new garage. The property is located in the R-15 zone, on a 18,760 square foot lot with a permitted duplex FAR of 5,145 square feet. The existing FAR, as calculated by the City Zoning Officer and the applicant's architect, is 4,826 square feet. 810 Bonita Drive is one- half of an existing duplex. The total FAR of 810 Bonita Drive is 2,329 square feet and, the other side of the duplex, 808 Bonita Drive, has 2,497 square feet of FAR. Currently, there is 319 square feet of available FAR and the applicant is requesting 211 square feet of additional FAR, for a total of 5,356 square feet of FAR for the duplex property. Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance. APPLICANT: Jody Cooper, represented by William Lukes LOCATION: 810 Bonita Drive 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 of the Aspen Area Comprehensive Plan and this title. Response: Floor area ratio (FAR) is a function used to control the size and bulk of a building and the maximum limits allowed are determined by the code. Staff concludes that a variance which further increases the FAR of the building would be inconsistent with the goals of the Aspen Area Comprehensive Plan and the purpose of the Land Use Code. . 2. Standard: The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure. ~ Response: The reasonable use of the parcel already exists, as the lot accommodates a reasonably sized duplex unit. 18,570 square feet is a substantially size lot for the R-15 zone district, and this lot has not been encumbered with steep slopes or any other factors which have reduced the allowable FAR. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's right would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan the terms of this title to other parcels, buildings or structures, in the same zone district. ,A"""'''. Response: As indicated in her application, the applicant received some incorrect information for a Community Development staff person as it relates the existing FAR on the property. The information was obtained from a building permit file. The applicant claims this situation has constituted special conditions and circumstances. The criteria stipulates that the special conditions and circumstance must be unique to the parcel, building or structure. As previously stated, there is nothing unique about this parcel, building or structure as compared to other lots in the R-15 zone district. Staff feels that although a mistake was made, this does not justify granting a variance for additional FAR. The granting of the variance would confer special privileges to this parcel, simply by giving someone additional floor area that many property owners would also like to have. ALTERNATIVES: The Board of Adjustment may consider any of the following alternatives: . Approve the variance as requested. ~ . . 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 that the request for a FAR variance be denied. RECOMMENDED MOTION: "I move to deny the request for a FAR variance of 211 square feet for 810 Bonita Drive, finding that the three review standards are not met." ~ WILLIAM LUKES + ASSOCIATES PROJECT MANAGEMENT ARCHITECTURE 10 September 2001 City of Aspen Board of Adjustment c/o Sarah Oates, City Zoning Officer Aspen Community Development Department 130 South Galena Aspen, Colorado 81611 re: Application for Approval of a Variance to exceed the allowable Floor Area Ratio Cooper Residence, 810 Bonita Drive Aspen, Colorado ..............- Sarah: On behalf of Jody Cooper and her family, we are submitting this application for a variance to exceed the allowable floor area of 5,143 square feet by 211 square feet for the duplex which is located at 810 and 812 Bonita Drive in the City of Aspen. In particular, the request pertains to a relocation of the existing garage and conversion of garage space to living space at 810 Bonita, which is the Cooper's home. We would appreciate being placed on the agenda for the September 27, 2001 meeting of the Board of Adjustment. Enclosed are the following required materials in support of this application: 1. The compieted application form. 2. Nine copies of our material explaining the request and the nature of the existing and proposed improvements, including this letter, an existing floor plan, proposed floor and roof plans (2), and proposed changes in the building elevations (3). We will also bring copies of a survey of the property and the plat map for the duplex condominium to the meeting, as well as photographs for the Board's reference. 3. The current mailing list and labels for property owners within 300' as obtained from the GIS office. 4. The application fee of $155. Please advise my office immediately if this application is incomplete or othelWise not ready for review by the Board. If there is any other information which you anticipate that the Board would want to consider, please let me know and we'll try to provide it. POST O~flUi Box tl211y As I' t'N Cill.O RA 1)0 111011 97U.9 2(1.6~:n9 I'A X 920.0<)t16 -.-.--- "",~,." 1 0 September 2001 Page 2 Thank you for helping Mrs. Cooper after the unfortunate misunderstanding of the preceding weeks, and for working with us to have this matter considered at the next meeting; we both appreciate it. Please let me know if you need anything further, and the dates by which the notice must be mailed and the sign posted. Respectfully Submitted, WilLIAM LUKES + ASSOCIATES r,/, _ \it4--' - William lukes, AlA enclosures [9 copies] copy: Jody Cooper , RESOLUTION NO. 05 Series of 2001 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN DENYING A VARIANCE FROM THE FLOOR AREA REQUIREMENTS OF THE R-15 ZONE DISTRICT IN CASE NUMBER 01-03 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 810 BONITA DRIVE, LOT 20, WEST ASPEN SUBDIVISION, ASPEN WHEREAS, Jody Cooper made application, dated September 7, 2001 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 September 27, 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 development application for a variance was initiated by: Jody Cooper on September 7, 2001 for property with a street address of 810 Bonita 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. 1111 m 1111111111111111 t7~~~~;1 ~ I: 45A SILVIA DAVIS PITKIN COUNTY CD R 10.00 D 0.00 ....'._, Section 2. Variance Denied. The Board of Adjustment does not hereby grant the applicant the following variance from the terms of Chapter 26 of the Aspen Municipal Code by a 0 to 4 vote, finding that the review criteria have not been met: A variance from the R-15 zone requirements in the amount of 211 floor area for the conversion of an living area and the construction of a district floor area square feet additional existing garage into a new garage. APPROVED AS TO FORM Q~ I~- Ci Y Attorney INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 27th day of September, 2001 ~~- 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 "'''ed. ~~ puty City Clerk 2 \lllllm\I~I'~J~:~t~,,," SILVIA DAVIS PITKIN COUNTY CO ~. . THE Cm OF ASPEN BOARD OF ADJUSTMENT APPLICATION PACKET DATE 1 <)~p 20" [ CASE# APPLICANT ...k>VI ~ PHONE Q10-q2S-Lfj,~ MAlLINGADDRESS <6'ID 'Bo~\'rlt U? , ~ I CD ~~ll OWNER ~ ~ 'PHONEjJo-qZ.CS-L.!'fW MAILING ADDRESS 'iSlD 'Eoru11l't 1;?(../ ~eNl W 't11011 l-C1f 'J.o W~9T M"e~ W,,",PIII ~ lor-) LOCATION OF PROPERTY 8..10 p;o tJITP- Ofl-Ille. MPe~ (Street, Block Nmnber and Lot Nmnber) WILL YOU BE REPRESENTED BY COUNCIL? Yes_ No~ Below, describe clearly the proposed variance, including all dimensions andjustifieation for the variance (additional paper may be used if necessary) , The building permit application and any other information you fecI is pertinent should accompany this application, and will be made part of this case, <?~E:: f'rrf\vtf eo ve:rr1<otf- Wl-LA. ~vv""H t.11~ "If< Applicant's Signature ~t'~<?~rJG? Jo".,. 600 ff;f- 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 l.0/c0'd 98690C6 01 ..[0vv50l.6 ~lW 3WOH O~~d Sll3M dd 65:9. .00c 0[ ~n~ REQUEST FOR APPROVAL OF A FLOOR AREA V ARlANCE LOT 20, WEST ASPEN SUBDIVISION COOPER RESIDENCE. 810 Bonita Dtive, Aspen APPROVAL REQUESTED The applicant is tequesting a vatiance from the Floor Area Ratio [FAR] provisions for the R-15 zone district in the Ciry of Aspen ro allow for relocation of an existing garage and use of a panioo of the existing garage as living space. LOT SIZE / ZONING The lot size is 18.760 square feet, which is a conforming lot size in the R-15 zone. The zoning far the time of the development and again as adopted by the Ciry Council just recently] allows a maximum floor area of5.145 square feet with exemptions for the first 500 squate feet of garage area for each home on the lot. The setbacks for this lot are: Fro"nt yard 25 feet for residential dwellings 30 feet for accessory buildings 10 feet 10 feet for residential dwellings 5 feet for accessory buildings Side yards Rear yard There is no percentage of open space required for this lot. Allowable floor area. Basic FAR Additional FAR allowed @ 6 SF of building for each 100 SF oflor area over 15.000 SF = 3,760 /100 x 6 = 4.920.0 SF Total 225.6 SF 5.145.6 SF EXISTING IMPROVEMENTS There is an existing duplex on this lot. which is zoned as a duplex lot in the R-15 ZOne disrrict off of Cemetery Lane. The duplex is platted as the Bonita Condominiums. The Cooper family owns and lives in the unit in question which is identified as unit 810 at 810 Bonita Drive, on the northwesterly half of [he lot. Another family owns the adjacem unit 808 on the southeast portion of the properry. The condominium units were developed in their presem form by Semrau Building and Design in 1997. by rebuilding an existing duplex. The Coopers bought 810 Bonita from the developer and have lived there ever since. The tWo duplex units are not identical. The Coopers' unit is 2,329 SF calculated by the FAR method. The other unit is 2.497 SF by the same merhod. for a total of 4.826 SF [FAR method]. The difference of 12 SF becweeh the above areas and the areas shown on the developer's plans is due to the bon-existence of cwo small ski closets which are shown on the plans bue which were never built. for unknown reasons. APPLICATION FOR A VARIANCE The Cooper Family, 610 Bonita Drive, City of Aspen 'vVilliam Lukes + Associates September 10, 2001 Page 1 PROJECT DESCRIPTION PROJECT BACKGROUND APPLICATION FOR A VARIANCE The Cooper Family. 810 Bonita Drive, City of Aspen VlJilliam Lukes + Associates Seplembef 10. 2001 Page 2 All of the existing improvements appear co have been built according to the 1997 plat and developer's plans, and all the imptovements appear to comply with the yard setbacks and orner zone requirements, based on a cursory visual examination. We have reviewed the available information regarding lot area and floor areas with Sarah Oates and there was agreement that the FAR calculations on the, Semrau drawings could be regarded as accurate for purposes of chis application. The Cooper family originally wanted to convert the existing garage into a family room and then build a teplacement garage with a bedroom above it; there Was a misunderstanding regarding available floor area between the Coopers and the City's Community Development Deparrment, resulting in a calculation of available FAR space by a City sraff member that led the Coopers to believe that such an addition was possible when, in fact, there was not nearly enough floor area available. I will describe the hardship created by this situation in more detail elsewhere, but that misunderstanding resulted in the configuration of the current project proposal. Ar tharpoint, the Coopers were willing to scale back rhe project quite a bit bur there was only about 305 SF left in the FAR allowance which was not enough ro do rhe minimum basic project that they need. We investigated adding a one car garage with a carporr ro reduce the enclosed area, bur found that carports count for floor area just as if there is a garage. We therefore made the garage as small as functionally practical and are requesting a small variance of 211 square feet. The project as proposed consists of conversion of 528 SF of rhe exisring two cat garage into a family room and construction of a replacement 528 SF, one story garage addition adjacent to it. An existing room on the lower level that has been used as a playroom may be used as a bedroom for rhe grandparenrs. The additional bedroom on rhe uppet level would not be built. Because there is presently 305 SF left in the FAR allowance for the lor, rhe amounr of square footage for which a variance is being sought would be as follows: T oral area of addition 528.0 SF less remaining SF in FAR less Ski lockers nor built < 305.0 SF > < 12.0 SF > Net additional SF per FAR calculation method 211.0 SF The Cooper family has recently gone thtough some changes which affected how their home wotks for their family; Mrs. Cooper was recently widowed, the two Cooper children are now reenagers, and Mrs. Cooper's parents would like to spend more time at the Cooper home helping to raise the twO boys. Several months ago, the Coopers decided to either add onto the house somewhat or CO find another home that better met their new needs. They listed treir home for sale and received contract offers, one of which they APPLICATION FOR A VARIANCE The Cooper Family. 810 Bonita Drive, City of Aspen 'MUiam Lukes + A.ssociates September 10, 2001 P...3 intended to accept. Befote they accepted the offer, howevet, the family decided to investigate the feasibiliry of adding onto their house rather than moving. Jody Cooper contacted the City Community Development Department to find out if rhey could add on enough space for a new garage, conversion of the existing garage, and a new bedroom with bath. The Coopers had three separate conversations wirh staff planner Greg Woods by phone-and in person, during which time Me. Woods prepared a floor area ratio calculation on a nOlepad [enclosed as Attachment A] which showed that there is about 2,158 SF available under the floor area cap, or 1,079 SF for each duplex unit. This information was repeated and seemed to the Coopers to be confirmed during these multiple conversations. The Coopers then decided not to accept the offer on their home, canceled the listing for sale, and retained William Lukes + Associates to help them plan and design the addition. Mr. Lukes made an appointment for a pre- app conference, during which it became clear that there had been some misunderstanding about the size of the existing duplex structure and that the memo. notes given to the Coopers were incorrect; there is actually only 305 SF of floor area left, in total, not 1,079 SF per unit. Mr. Lukes met with James Lindt and then with Julie Ann Woods and Sarah Oates about what options were available to the Coopers with the conclusion being that there were no administrative options available to deal with this situation and allow the Coopers to go fOlWard with the project unless the total size was ~educed to 305 SF or less. At that point, the Coopers were advised that tpe approptiate and only route to go would be to request a variance for the smallest practical amount of additional square footage and submita request for that vatiance to the Board of Adjustment. The project was cut down CO the minimum and the application submitted to Commu- nity Development as presented herein. CITY OF ASPEN LAND USE CODE Criceria for Variances Section 26.314.030 Authorized Variances Variances may only be granted from the ftllowing requirements of this Title 26: A. Dimensional Requirements. This application requests a 211 square foot variance from rhe toral allowable square foorage of 5, 145 SF. No heighr, serback, or orher variances should be necessary. B. Permitted uses, hut only to aLlow for the temporary off-site location or storage of materials, structures or equipment pursuant to building construction or construction staging. Nor applicable. Section 26.314.040 Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements afTitle 26, the appropriate decision making body shall make a finding that the ftllowing three (3) circumstances exist: 1. The grant of variance wilt be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Commllnity Plan and this Title; o No uses are being proposed which are contrary ro rhe purposes, goals, objecrives and policies of the Mer, nor which are inconsistent with the woe district requirements for rhe Moderare Densiry Residential (R-15) zone district. o The proposed conversion of rhe exisring garage ro a family room is permissible wirhout a variance, and rhe Cooper family could accomplish thar and park rheir vehicles in the driveway area uncovered. We believe that providing an enclosure for rhe vehicles improves rhe,appearance of rhe neighborhood, would be preferred by rhe neighbors. and is more harmonious with the purposes. goals and objectives of the MCr rhan leaving parked vehicles visible on rhe properry. o Approval of a minor variance in the allowable square footage for a portion of a low, one-story addition will not change the character or density of the neighborhood in any way. and will not impact any views. sighdines. or existing vegetation. The proposed addirion will be ser back considerably from the front of rhe exisring structure and will not change the character of the srreetscape. o The proposed addirional floor area will allow for a small two-car garage. By virtue of providing a floor area waiver for up to 375 SF out of 500 SF of garage space, rhe land use code and rhis Tide express some preference for providing enclosed parking where feasible, and rhar IS whar rhe applicanr would like ro do. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure; and APPLICATION FOR A VARIANCE The Cooper Family, 810Bonila Driw, City of Aspen \Nilliam Lukes + Assooates September 10. 2001 Page... o The proposal for addirlonal square footage utilizes the existing square foorage as effectively as possible and resrriccs the proposed garage to the smallest practical size. o The existing garage is about 528 square feet and it would not be practical to convert only a portion of it to living space. By reducing the project [Q the minimum, the existing garage area of 528 SF had to be counted as living space. 3. Literal interpretation and enflrcement 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 prtUtical difficulty. In determining whether an applicant s rights would be deprived, the board shall consider whether either of the flllowing 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 o There are special circumstances unique to this request which resulted from the incorrect or inaccurate information communicated to the homeowner during the course of three separate contacts with Community Development regarding the proposed addition. The applicant carefully and thoroughly reviewed their proposed improvements and size of addition wirh rhe City staff prior to deciding what direction to go and, only after receiving assurances on those occasions that the applicant had apptoximately 1,080 additional square feet allowed under the FAR cap, did the applicant then forego the pending sale of their home to instead make a commitment to their existing home and neighborhood by remaining on Bonita Drive. They then incurred expenses and additional time in hiring an architect and starring to consider plans for the addition when the architect and the planning staff determined that, in fact, only a negligible amount of square footage was available under the FAR cap. o The information about the existing floor areas, parcel and zone district requiremems, and lot area all seemed to he reflected in relatively recent approvals contained within the City files. o The homeowner made a more than reasonable effort to ensure that they were proceeding according to the local and applicable requirements, have been requesting approval to make a relatively manor and appropriate modification [0 their home for the purpose of maintaining in-town residency of a long-time local family, and are now without options to accomplish what they had been told they would be able to do, nO( as a result of actions of the applicant. b. 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. Not applicable; sub-paragraph a. above contains the relevant conditions. End of Application APPUCATION FOR A VARIANCE The Cooper Family, 810 Bonitli Drive, City 01 Aspen \Mlliamlukes+Associales September 10, 2001 PageS ATTACHMENTS IN SUPPORT OF THE APPLICATION LOT 20, WEST ASPEN SUBDIVISION COOPER RESIDENCE, ~IO Bonita Drive, Aspen V Existing Floor Plan [Main Level] V Proposed Floor Plans V Two elevations showing height and size of proposed addition V Completed Application V Application Fee V Mailing Labels v ATTACHMENT A Copy iof floor area calculations provided [0 applicant by Greg Woods ofCommuniry Devel- opment Department Survey and Plat Map [will be brought to meeting] APPLICATION FOR A VARIANCE The Cooper Family, 810 Bonite Drive, City of Aspen 'MUiam Lukes 'I' Associates September 10, 2001 p..., . '~r."" T9c~\J \ c.oot',",~- S1'1~- eli! mt-c-tf/-re.rJy ,. .... -.' I,ci, (.I ~oh~li;;;, , "N 0 <?<1.e":'I} "'i'}, '.,I"'.j I..', . .' '" .' . .... ! 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AFFIDAVIT or NOTICE PURSUANT TO ASPEN LAND USE REGULA1l0NS SECTION 20lM.060(E) I, JelO"1' C.fll)PB~ . being or ,CjlfcsaWng an Applicant to the City of Aspen. pasonallY certify tha'l I have cO":ll'lied. with the public notice requirelllents pUl'S\llll1l to Sea:tion 26.304.06000 aim&: AspCll MUlIicipal Code in the following manner: I. By mailing of nOtice, a copy of which inuathecl haeto, by fim~lass posragc plqlaid U.S. Mail to all owners of propcny within three huIIdrcd (300) feet of tile subject property, as indicated on thc:attachcdJiS1, onthc: 1'1 clayof~,200J.... (which is It; days prior to the public: bearing due of' C#6t'. -.J. 2. By posting a 5ign in a COIlSpiCIlOUS 1l11ll1C on tlIe subject property (as it could ~ seen from thc ncare5t public way) IIQl\ that the: said sign was pgsteclllld visible continuously t'tom the .Ii:.. clay r of~. 2001-. to the 11 clay of ,~p ,200l. (M1ISt be posted for at lClSt "-- ten (10) fUll days before theheariJlg c!IIe). A pbotograph ofthc posTed sign is attaChed heJelo. (Attach photograpb here) ~~( SignatuIc Sipllx:fure me ~*aay of ~k:or: 2001.. ~y 2J,lAl../ltArf--/ d v.Jq a. ) W'lTNESS MY HAND AND omCIAL SEAL My Commission expire&: tf/30 ~ 4 0 /..1 No!lry Public . .' ..... ....'- ':--~- '-~.-. ....~. r "--- .' ....,.~,. - '.-''''.. - .'":::./ ~ '-.' '~~ \':i::~ ~ ~~~: ~. :~:: J ~';~ \ ""'::::..:..~.~~:~:~~:{ EXHIBIT LB/.La'cI .~. .~.' !lS69G!Z& 01 tt~ !l.lJ.l 3l.o-I O!llltj,j ST13M'-~~"iill:Lt ~~ SEP 24 2001 14:56 FR WELLS FARGO HOME MTG 9705440311 TO 9206986 P.03/04 NELSON GEORGE W NELSON BARBARA S ~ E SHADOWROCK RD ( 'SNlX AZ 85028 \,,-~ .. PEIRCE FREDERICK F 600 E HOPKINS AVE SUITE 205 ASPEN CO 81611 PEIRCE FREDERICK F PO BOX 62 ASPEN CO 81612 PEIRCE THOMAS L 825 BONITA DR ASPEN CO 81611 RAPHAEL LOUIS ^ 869 BRIARWOOO RO NEWTON SQUARE PA 19073 RILEY JAMES V REV TRUST gOO BONITE DR ASPEN CO 8161 I SCHIFFER SPENCER r 985 CEMETERY LN ASPEN CO 81611 SCHREIBER FAMILY PARTNERSHIP 5000 FIFTH AVE # II 0 PITTSBURGH fA' 15232 SCHWARZ HANS P REVOCABLE TRUST 840 BONITA DR ASPEN CO 81611 SIWAKALVIN L TRUST 50% 323 CARLYLE LAKE DR STLOUIS MO 63141 TYEITE KATE P 945 CEMETERY LN ASPITN CO 81611 UHtFELOER FAMILY INVESTMENTS RLLP 633 N 4TH ST ASPEN CO 8\61\ WILLIAMS BRIAN 1255 BUNNY CT ASPEN CO 8\61 I /"'""" .'-.- r "'- SEP 24 2001 14:57 FR WELLS FARGO HOME MTG 9705440311 TO 9206986 P.04/04 1245 BUNNY COURT LLC C/O DAVID I.IYMAN "'-""OX 1954 L ;N CO 81612. ANDERSON PARKER T &; CYNTHIA C/O WING MERRILL 134j SIERRA VISTA DR ASPEN CO 81611 CHALOUPKA DONAL!) &; VIRGINIA M PO BOX 393 FRASER CO 80442-0393 DAVIDSON DONALD 864CEMETERYLN ASPEN CO 81611 FAMILY TRUST 08120/97 810 BONITA DR ASPEN CO 81611 r- \....tTH MARY P &; DANIEL T PO BOX 8849 ASPEN CO 81612 HALL CIiRISTINE CLARK &; J BENNETI PO BOX 4063 ASPEN CO 81612.4063 HANRAHAN RUTI1 L OWENS 80S BONITA DR ASPEN CO 81611 HYMAN DAVID REID BARBARA P PO BOX 19j4 ASPEN CO 81612 QYMARILYN iA SNOWBUNNY EN CO 81611 A&;LRANCHL~ c/o VENDEL Y COMMUNICA TrONS INC 12722 RIVERSIDE DR SUITE 106 VALLEY VILLAGE CA 91607 ASPEN LAKE PROPERTY LLC 117 AABC STE 208 ASPEN CO 81611 CHERRY ADAM Z &; MAR V C 139 9TH ST DEL MAR CA 92014 DUNN JOSEPH"" LUCY HALL II2INT 1416 GATEWAY RO SNOWMASS CO 81654-9211 FERGUSON ARTliUR B JR 965 CEMETERY LN ASPEN CO 81611 GILE ROBERT B III 950 CEMETERY LN ASPEN CO 81611 HALL J BENNETT &; CHRISTINE CLARK 1225 ALTA VISTA ASPEN CO 81611 HARRIS S E &; MARCIA K 8200 SYMPHONY DR BALTIMORE MD 21208 KRIEBEL KATHLEEN PO BOX 910 ASPEN CO 81612 MAROLT MAXWELL S &; ELIZABETH A PO BOX 1013 ASPEN CO 81612 ANDERSON DIANE 112 PO BOX 1959 ASPEN CO 81612 I.IERTHOLF HEIDI M QUALIFIED PER RES TRUST PO BOX 165 ASPEN CO 81612 CITY OF ASPEN 130 S GALENA S1' ASPEN CO 81611 EMMER JAMIE L &; MAURICE S 660 HANSEN WAY PALO ALTO CA 94304 FIRST BAPTIST CHURCH 726 W FRANCIS ST ASPEN CO 81611 GRIFFITH SUE ANNE 943 CEMETERY LN ASPEN CO 81611 r HALL J BENNElT &; CHRISTINE CLARK 1227 ALTA VISTA LN #2 ASPEN CO 81611 HELMICH LINDA L PO BOX 2382 ASPEN CO 81612 LARSON REVOCABLE GRANTOR TRUST LARSON RAYMOND &; BErrY TRUSTEES 216 SKYLINE DRIVE EAU CLAIRE WI 54703-5923 MORRIS CRAIG S PO BOX 2634 ASPEN CO 81612 ** TnTQI DD~~ ~~ ** --- ',- "..... '- ",,-... I "- Q) > .- O!J~ r::O .- ~ s Q) .- :r: g u~ .- -0 ..0..- d:oo Q) Q) u u ~ r:: .- Q) ~-o ell ._ > ~ '-l-.~ o ~ Q) Q) u 0.. 'p 0 o 0 zu ..- o o ('.l ~ Q) ..0 a Q) ~ 0.. Q) C/) '<:j'< ..- Sue Anne Griffith 943 Cemetery Lane Aspen, CO 81611 (970)544-4633 (970)544-8048 FAX September 25,2001 The City of Aspen Board of Adjustment Attn: Charles Patterson, Chairman 130 S. Galena Street Aspen, CO 81611 re: Variance Request for 810 Bonita Drive, Jody Cooper, Owner To Whom It May Concern: As a property owner in close proximity to the above referenced property, I urge the Board to deny the request for the facts and reasons as follow: . The granting of a variance for increased FAR sets a precedent for surrounding properties which greatly will affect the eclectic character of the Cemetery Lane Neighborhood. Why have FAR restrictions ifit can be increased by a variance? . When this property was redeveloped it had the same allowable FAR as it does today. . The developer chose to divide the FAR between the duplex units in unequal amounts. . The Ordinance does not view the FAR of a duplex property as two separate F ARs but as one sinlde FAR for all improvements. How that is divided is between owners. Therefore, the variance denial should be for the whole parcel of Lot 20, West Aspen Subdivision (808 and 810 Bonita Drive). Sincerely, ~~ a!IttJ ,&;JJ:tL Sue Anne Griffith EXHIBIT I c " . '" 12.-I/-s:o [Q] "- IQJ "- "- [QJ "" c '" / ~ . / ~ ~ ~, .. ~ ~a H 2 - o~ -- "" L - N c 1<-- r- i 1~~ -_. i i --~1 N ,,' ~ :liJ 1 r..." c Hi- 6 ;.- OOA (',<"i< /"1 "'t\Il I- ~ . ~ :.. .+ "'- ~ " t v. :, \, , - ~ ~,' \(" ')~ [1] I 1 II I' ''i-,. "I- -- -;; "' . ~ ~ :< , ~ < . '" ~ ~~'(':.s j ci , . .:. ~~ ~ "- :l . ~ -..)1-':=- < , IU ';) III ~ ~ , ~ CL:;\J , ." v- " " " rn [QJ -> GJ " c; . IQI. ~ GJ :;: ~ . ~ ~ J '- -J ~ ~ o . > o " , ,. f ~;; I' , , " g. 8 PJ ., < > [g -!'v -Ii ~~ "' ~ ,., ,~ c .' . \... .... :t.. " .' 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