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HomeMy WebLinkAboutlanduse case.boa.955kingstreet.006-00 MEMORANDUM TO: Board of Adjustment Joyce Ohlson, Deputy Director Fred Jarman, Planner 6. THRU: FROM: r~ RE: 955 King Street Addition DATE: August 10, 2000 SUMMARY: The applicant requests relief for three variances in this application for the 955 King Street Addition. These variances include: I) 3' -10" variance from the west required 10' side yard setback for a portion of the proposed bedroom I bath I study addition, 2) 1'-6" variance from the combined side yard setback for a fire place 6' in height, and 3) 2'-4" variance from the combined front I rear yard setback on the south comer of the proposed dining room addition. The property is an 8,483 sq. ft. lot (6,788 less the easement) located in the R-6 zone district, and is allowed an FAR of 3,726 and is required to comply with the following setback requirements: Side Yard - Combined Side Yard- Front Yard- Rear Yard- Combined FrontlRear- 10 feet 25 feet 10 feet 10 feet 30 feet The applicants are proposing the following: Side Yard- Combined Side Yard- Front Yard- Rear Yard- Combined FrontlRear 6 feet 2 inches 23 feet 6 inches 10 feet 10 feet 27 feet 8 inches Staff finds the subject lot of 8,483 square feet not to be unique nor its required setback requirements too restrictive in the R-6 zone district. Further the applicant is able to retain the allowable FAR for a duplex in the R-6 zone district because ofthe existing Category 1 unit, which constitutes the other half of the duplex. Typically, an 8,483 square foot lot <,""^' ......,..... , in the R-6 zone district is restricted to zoning provisions for lots of 8,000 to 10,000 square feet. Prior to this application the applicant submitted and has been awarded a building permit for an addition, which allows a similar development without variances from setback requirements while allowing an addition. (See Exhibit A) Therefore, Staff finds neither the access easement nor the Category 1 unit (the other half of the duplex) presents a hardship or restriction on this lot. STAFF RECOMMENDATION: Staff recommends denial of the variance request finding that the Review Standards have not been satisfied. APPLICANT: Bill Lipsey and Linda Girvin LOCATION: 955 King Street, Lot 1, Astor Subdivision, City of Aspen, Colorado. EXHIBITS: Exhibit A: Approved King Street Residence Addition Exhibit B: Applicant's Letter of Request Exhibit C: Applicant's 24" x 36" Proposed Site Plan REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.108.040 of the Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the Board of Adjustment shall make a finding that the following three (3) circumstances exist: 1. Standard: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title. Staff Response: Although the Area Community Plan (AACP) does not specifically address this lot, the AACP was written with the intent that the provisions guiding development in the Aspen Land Use Code (Title 26) require development to comply with specific standards to achieve the overall vision as described in the AACP. A continued allowance of variances undermines the intent of the AACP and renders the Land Use Code ineffective. Therefore, Staff finds that because the applicant has shown (See Exhibit A), and been permitted, a request to expand without requested variances; this standard has not been met. 2. Standard: The granting of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure. Staff Response: Staff does not feel that the granting of the variances is the minimum that will make possible the reasonable use of the parcel building, or structure. There is an existing house and garage; therefore there already exists a reasonable use of the parcel. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant ofrights 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 applies: 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. Staff Response: Staff is unable to find a hardship or practical difficulty, which negates "reasonable use" of the property. There is an existing house and garage; an addition has been designed to fit within the restrictive setbacks. If the Board denies the request for the variances, the property is not deemed un-developable. Staff cannot recommend the Board approve the variances because no hardship exists. 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 for the side yard, combined side yard and combined front I rear yard variance requests, finding that the Review Standards have not been satisfied. [Because all motions should be in the affirmative, the following motion is contrary to Staff's position.) RECOMMENDED MOTION: "I move to approve Resolution No. 00-06 granting approval for variances at 955 King Street, Lot 1, Astor Subdivision, City of Aspen, Colorado finding that all Review Standards have been met." r'",", - RESOLUTION NO. 00-06 Series of 2000 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN APPROVING VARIANCES IN CASE NUMBER 00-06 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH A STREET ADDRESS OF 955 KING STREET, LOT 1, ASTOR SUBDIVISION, CITY OF ASPEN, COLORADO. WHEREAS, Bill Lipsey and Linda Girvin submitted an application, dated June 26, 2000 for variances from the dimensional requirements of Chapter 26 of the Aspen Municipal Code; and WHEREAS, notice of the proposed variance was provided to surrounding property owners in accordance with Section 26-304-060(E)(3) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk; and WHEREAS, this matter came for hearing before the Board of Adjustment on August 10, 2000; and WHEREAS, the Board of Adjustment finds that the grant of variance is generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and Chapter 26 of the Aspen Municipal Code; and WHEREAS, the Board of Adjustment finds that the grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and WHEREAS, the Board of Adjustment fmds that the literal interpretation and enforcement of the terms of Chapter 26 of the Aspen Municipal Code would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining that the applicant's rights would be deprived absent a variance, the Board considered certain special conditions and 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; and WHEREAS, the Board of Adjustment determined that the required variance Review Standards cited above were satisfied and the variance request was therefore approved by a vote of NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO: The Board of Adjustment does hereby grant approval of the following variances from the terms of Chapter 26 of the Aspen Municipal Code: }> a 3' -10" variance from the west side yard setback for a portion of the proposed bedroom I bath I study addition; }> aI' -6" variance from the combined yard setback of for a fire place 6' in height; and }> 2'-4" variance from the combined front I rear yard setback on the south comer of the proposed dining room addition at 955 King Street, Lot 1, Astor Subdivision, City of Aspen, Colorado. INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 1 Oth day of August, 2000. Chairperson I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Deputy City Clerk Approved as to content: Assistant City Attorney 2 o :) r~~I'b.1- 13> LINDA GIRVIN / BILL LIPSEY VARIANCE REQUEST 955 KING STREET 6/26/00 STATEMENT OF VARIANCE: The property is zoned R-6. Existing conditions consist of a 2,100sf - 2 BR primary residence where the applicants live and a Category 1 single BR ADD presently occupied by a school teacher. The Applicants wish to expand their existing 2 BR house. Part A involves adding a 3'd Bedroom/BathlStudy of :t771sf: The applicants request relief of 3'- 10" from the west required 10' side yard setback for a portion of the proposed Bedroom/Bath/Study Addition and relief from the Combined Sideyard Setback of 1'-6" for a sliver of fireplace 6' high. The requested Side Yard Variance was calculated by "sliding" proportionately from 5' to 10' as the lot area increases from 8,000sf to 1O,000sf. Thus it complies with the intent of the Sideyard Setback requirement, i.e., that the sideyard increase proportionately as lot size increases. · Over 20% of our 8,483 sf lot area is lost to an access easement. Another 4% is taken up by a Category 1 ADD. Thus, the available lot area left for our house is 24% less than a typical R-6lot of comparable size. Although our lot size is 8,483sf, the area left for our house is effectively 6,450sf and the required yard setbacks remain equal to that of lots between 8,000sf-1O,000sf. A 20' access easement combined with a ADD on a small non-rectangular lot are extreme and unique circumstances that create practical difficulties and hardships. Dimensional regulations created for larger lots are imposed on a smaller lot thus limiting the design options for a minor addition to our house. These constraints do not result from any actions taken by ourselves. · In the R-6 zone the Combined Sideyard Setback "slides" from a 8,000sf to 1O,000sf lot size while the minimum Sideyard Setback "jumps" from 5' to 10' as the lot size goes from 8,000sf to 8,00lsf. This inconsistency penalizes the lot owner whose property is near the 8,000sf threshold, i.e., us. We think it is consistent with the intent of the code that the Sideyard Setback "slide" gradually (as does the Combined Setback) rather than "jump" abruptly. . Our lot tapers and the existing house is located towards the narrow end. This deviant geometry creates an additional "squeeze" in terms of the "jump" in side yard setbacks. Thie; geometric constraint did not result from any actions taken by ourselves. . , 70 4.:;/h) e 7Z:" ~,1Je~.s - .J- ~/!Jdr NOGVG j/cJO w,a..JG2::, <?Va; &;,l\JSI J::J~ "'I'f/S V4teIII1.'X.x:?1- tC...~.sT ~,?',cc,.4L(.. ':-' S/AJCtE ';?'bv ~~~t.-y 7Z'L-.2) /1? Y ~Af?JJ f}-I19'r" rhS ~e5 4J&'VL.-]) 6E /rJaLB1si;;]) ,6.,.... $% .6eC!m)~ OF .4-z.L 77I--E Mw.4&& ~.4t.Gsm7?;; $"dK:.LtJJrJDJ J.::lCj rh..5. P,.eu~727Y. If./o ~ -;7-IE d;VG"S Wr/r;! HriVg- /lu..ot.a::~ ~ /J1~ r-Id1l185 It) &- $U!r.-T;' ~~ 0/.41'~ ~;Js/~7?.I;J9 f'9?!p~ VI110 /-!NeE ~ uAL.L-- .-: ~E&J,-,:'" IAJ ~rT-;uJl'fr- '77b- I ue.k=f;sc:: .-----: ...L /v7 4- k~ / AJ tJr-f14"i WIKs ~po /{/)/rSU;;- -rhus { ,J C( . :5~~ - July 27, 2000 City of Aspen Board of Adjustment 130 South Galena Street Aspen. CO 81611 Re: Variance Request 955 King Street Linda Garvin I Bill Lipsey Gentlemen: We would like to state our clear objection to the approval of the above requested Variance Request. First. by staying within the Sideyard Setback requirements, a house of 6,450 sf would still be allowed and would be comparable to other houses in the neighborhood. To claim a "hardship" as if they just noticed their lot is somewhat irregularly shaped or that their house has a splayed wall i.Sridiculous. This "splayed wall" has NO effect on the neighborhood as this wall is enclosed by the north (facing King Street) and east sides of the house and a wall of trees on the south and west sides. effectively making the wall invis- ible to anyone else. Also. this "minor addition" to the house appears to increase the footprint of the building by something like 20'7e and certainly impacts the neighborhood to a far greater degree than the "splayed wall." This home was built only a few years ago to fit into the neighborhood. Since purchasing it and moving in, the applicants have been consistently changing. remodeling and adding to the house. If the applicants desired a larger home and did not appreciate the shape of their living room or size of their house, perhaps the purchase of a larger lot with a home of a different design would have been in order. and this smaller, irregularly-shaped lot in a neighborhood of irregularly-shaped lots should have been left to someone else. It is our opinion that the bedroom addition be cut down to fit within the Sideyard Setback allowances and the fireplace addition be eliminated totally. This only adds to the pollution of Aspen in general and to our property in particular as they want it located right in our backyard. That the applicants feel "squeezed," "constrained," or that they are operating under "hardship" is a result of their own actions in purchasing this home and not a result of any action taken by any of their neighbors, who do not want to be penalized by the applicants' fireplace smoke and their building encroaching on the setback. J1tM ~ Margo ~ 935 King Street 1, ~~\r c ~rq"i \ J ". ;;: Ii" rI:2 ~:::? Linda Cowling 905 King Street ertz 2 Queen Street. West Kl Hanson Jonas Hertz 932 Queen Street, East July 27, 2000 City of Aspen Board of Adjustment 130 South Galena Street Aspen, CO 81611 Re: Variance Request 955 King Street Linda Garvin I Bill Lipsey Gentlemen: We would like to state our clear objection to the approval of the above requested Variance Request. First, by staying within the Sideyard Setback requirements, a house of 6,450 sf would still be allowed and would be comparable to other houses in the neighborhood. To claim a "hardship" as if they just noticed their lot is somewhat irregularly shaped or that their house has a splayed wall i.Sridiculous. This "splayed wall" has NO effect on the neighborhood as this wall is enclosed by the north (facing King Street) and east sides of the house and a wall of trees on the south and west sides, effectively making the wall invis- ible to anyone else. Also. this "minor addition" to the house appears to increase the footprint of the building by something like 20'70 and certainly impacts the neighborhood to a far greater degree than the "splayed wal!." This home was built only a few years ago to fit into the neighborhood. Since purchasing it and moving in, the applicants have been consistently changing, remodeling and adding to the house. If the applicants desired a larger home and did not appreciate the shape of their living room or size of their house, perhaps the purchase of a larger lot with a home of a different design would have been in order. and this smaller, irregularly-shaped lot in a neighborhood of irregularly-shaped lots should have been left to someone else. It is our opinion that the bedroom addition be cut down to fit within the Sideyard Setback allowances and the fireplace addition be eliminated totally. This only adds to the pollution of Aspen in general and to our property in particular as they want it located right in our backyard. That the applicants feel "squeezed," "constrained," or that they are operating under "hardship" is a result of their own actions in purchasing this home and not a result of any action taken by any of their neighbors. who do not want to be penalized by the applicants' fireplace smoke and their building encroaching on the setback. ~hh Margo am 935 King Street /t, lL~\t"' I' -r... i \ I .., r)(1'''J..;. ~~ Linda Cowling 905 King Street ?~ ertz 2 Queen Street, West KI Hanson Jonas Hertz 932 Queen Street, East . 955 King Street Variances Request APPLICANT: Bill Lipsey and Linda Girvin SUMMARY: The applicant requests relief for three variances in this application for the 955 King Street Addition. These variances include: 1) 3'-10" variance from the west required 1 0' side yard setback for a portion of the proposed bedroom I bath I study addition, 2) 1'-6" variance from the combined side yard setback for a fire place 6' in height, and 3) 2'-4" variance from the combined front I rear yard setback on the south comer of the proposed dining room addition. }> district, and is allowed an FA setback requirements: }> Staff finds the subject lot of 8,48 square feet not to be unique nor its required setback requirements too restrictive in the R-6 zone district. }> Staff finds the applicant is able to retain the allowable FAR for a duplex in the R-6 zone district because of the existing Category 1 unit, which constitutes the other half of the duplex. }> Typically, an 8,483 square foot lot in the R-6 zone district is restricted to zoning provisions for lots of 8,000 to 10,000 square feet. . 'j\ }> Prior to this application the applicant submitted and has been awarded a building permit for an addition, which allows a similar development without variances from setback requirements while allowing an addition. (See Exhibit A) ~ Therefore, Staff finds neither the access easement nor the Category 1 unit (the other half of the duplex) presents a hardship or restriction on this lot. Staff recommends denial of the variance request finding that the Review Standards have not been satisfied. 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. Staff Response: Although the Area Community Plan (AACP) does not specifically address this lot, the AACP was written with the intent that the provisions guiding . development in the Aspen Land Use Code (Title 26) require development to comply with specific standards to achieve the overall vision as described in the AACP. A continued allowance of variances undermines the intent of the AACP and renders the Land Use Code ineffective. Therefore, Staff finds that because the applicant has shown (See Exhibit A), and been permitted, a request to expand without requested variances; this standard has not been met. 2. Standard: The granting of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure. Staff Response: Staff does not feel that the granting of the variances is the minimum that will make possible the reasonable use of the parcel building, or structure. There is an existing house and garage; therefore there already exists a reasonable use of the parcel. 3. Standard: Literal interpretation and enforcement of the terms and provISIons of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's right would be deprived, the board shall consider whether either ofthe following conditions applies: 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 ofthe 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. Staff Response: Staff is unable to find a hardship or practical difficulty, which negates "reasonable use" of the property. There is an existing house and garage; an addition has been designed to fit within the restrictive setbacks. If the Board denies the request for the variances, the property is not deemed un-developable. Staff cannot recommend the Board approve the variances because no hardship exists. . -"_..~_I -. -- /~" --.; LINDA GIRVIN / BILL LIPSEY VARIANCE REQUEST 955 KING STREET 6/26/00 STATEMENT OF VARIANCE: The property is zoned R-6. Existing conditions consist of a 2,100sf - 2 BR primary residence where the applicants live and a Category 1 single BR ADU presently occupied by a school teacher. The Applicants wish to expand their existing 2 BR house. Part A involves adding a 3'd Bedroom/BathlStudy of :t771sf: The applicants request relief of 3'- 10" from the west required 10' side yard setback for a portion of the proposed Bedroom/Bath/Study Addition and relief from the Combined Sideyard Setback of 1'-6" for a sliver of fireplace 6' high. The requested Side Yard Variance was calculated by "sliding" proportionately from 5' to 10' as the lot area increases from 8,000sf to 10,000sf. Thus it complies with the intent of the Sideyard Setback requirement, i.e., that the sideyard increase proportionately as lot size increases. . Over 20% of our 8,483 sf lot area is lost to an access easement. Another 4% is taken up by a Category 1 ADD. Thus, the available lot area left for our house is 24% less than a typical R-6lot of comparable size. Although our lot size is 8,483sf, the area left for our house is effectively 6,450sf and the required yard setbacks remain equal to that of lots between 8,000sf-10,000sf. A 20' access easement combined with a ADU on a small non-rectangular lot are extreme and wlique circumstances that create practical difficulties and hardships. Dimensional regulations created for larger lots are imposed on a smaller lot thus limiting the design options for a minor addition to our house. These constraints do not result from any actions taken by ourselves. · In the R-6 zone the Combined Sideyard Setback "slides" from a 8,000sf to 1O,000sf lot size while the minimum Sideyard Setback "jumps" from 5' to 10' as the lot size goes from 8,000sf to 8,00lsf. This inconsistency penalizes the lot owner whose property is near the 8,000sf threshold, i.e., us. We think it is consistent with the intent of the code that the Sideyard Setback "slide" gradually (as does the Combined Setback) rather than "jump" abruptly. · Our lot tapers and the existing house is located towards the narrow end. This deviant geometry creates an additional "squeeze" in terms of the "jump" in side yard setbacks. Thie; geometric constraint did not result from any actions taken by ourselves. ~'" ,.....'-, o The "jump" in Sideyard Setback combined with the tapered lot shape forces a room shape that is not orthogonal to the existing house -- a splayed wall. This creates an exterior wall angle is that inconsistent with houses on adjoining lots. The Design Guidelines discourage this. It would be better for the neighborhood and for us to avoid this. o Our property is quasi-comer lot. It abuts King Street on one side and a cul-de- sac on the comer. This atypical configuration while not strictly a "comer lot" by code definition, really is a comer lot --- yet it cannot benefit from the flexibility given a comer lot by the zoning code. This too is a hardship. Part B involves adding :t64sf to the existinl!: dining room. The applicants request relief of 1'-4" from the Combined Front/Rear yard Setback on the south comer of the proposed Dining Room addition. This request occurs in narrow 4'-6" wide band and takes up an area of 10.5sf for a single story addition. o The existing Dining Room is an awkward triangular shape. We wish to square it off so the dining table will better fit. The design of the original house did not foresee the consequences of the Combined Setback regulation which had just been enacted. This practical difficulty is unique to our parcel and did not result from any actions taken by ourselves. . Our existing house plan is "squeezed" by a combination of the access easement and the ADU creating dimensional hardships relative to adding on to the comer the existing structure. o It should be noted that the allowed Coverage on this lot has not been maximized (32% allowed - 30% actual). We think our proposed design is better for the neighborhood than a solution that would maximize the allowed coverage and increase the bulkiness of the design. ....... - (7 Ii !,. !.;' ,I ...- f2) .01<'1 3 :r}Lf --- July 6, 2000 Bill Lipsey & Linda Girvin 955 King Street Aspen, CO 81611 RE: Variance Request Dear Bill Lipsey and Linda Girvin, I am writing to you regarding the three (3) variance requests from side and front yard setback requirements. I am taking over for Sarah Oates on this request, as she will be out of town. As promised, enclosed you will find 1) a required Notice of Public Hearing and a 2) a receipt for $155.00. This request for variance application will go before the Board of Adjustment (BOA) pursuant to Section 26.216.010(A) of the Aspen Land Use Code. Noticing requirements for this public hearing include a posting of the included notice on the property and mailing to property owners with 300 feet of your property 10 days prior to the public hearing date of August 3"1, 2000. Feel free to contact me if you have any questions. Sincerely, /1~, ~ Fred A. Jarman Planner, City of Aspen (970) 920.5102 ~tjA/'~~~ fJ~ If{jv/ lJ1h/..-. /1. - r41Z cLpl.v;. I. ./ L_ .-,' 0. Oq _ r ;7/Jr 7t'-'.J c::,,-/,';,. ~Wv 7 - .?- '/ ([2-::) 2. Z7~)- cc""l-J,.vi~i ,..iJ...d.. -(,:4//"-~~-,-J - /J).L;;Uo--': C.~/,),..! r;.J-~-t{. 5. /~. S:L70--d;Uj. ~"'~. 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