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HomeMy WebLinkAboutlanduse case.boa.308 N First St.005-99 .NOTICE OF PUBLIC HEARING y. ]3. CASE #99-5 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 variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meetin!!:: Date: June 10, 1999 continued to June 17, 1999 Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: William C. Nolan, Jr. Stan Clauson Associates, LLC Address: 308 North First Street, Aspen, CO 200 East Main Street, Aspen, CO Location or description of property: 308 North First Street, with a legal description of Lot 2 Nolan Lot Split, Aspen, CO Variances ReQuested: The applicant is requesting a two foot four inch (2'4") side yard setback variance. Will applicant be represented bv Counsel: YES: NO:X The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman MEMORANDUM TO: Board of Adjustment THRU: Julie Ann Woods, Community Development Director rr FROM: Sara Thomas, Zoning Officer@ 308 North First Street, Setback Variance RE: DATE: June 17, 1999 --------------------------------------------------- ------------------------------------------------ SUMMARYIBACKGROUND: The applicant is requesting a two foot four inch (2'4") variance from the side yard setback requirements. The property recently received approval from City Council to divide a 12,000 square foot parcel into two 6,000 square foot parcels under the Lot Split provisions. (See Ordinance #9, 1999 attached). Elements of the existing structure now straddle the newly created lot line and are therefore non- conforming in regards to the sideyard setback requirements, The applicant is proposing to remove a portion of the existing residence in order to bring the structure back to it's original historic foundation line. In order to remove only the elements which are non- historic, a setback variance will be required to allow for a seven foot (7') portion of the structure to maintain the historic footprint. Additional non-historic areas of the structure are also being proposed for demolition in order to bring the property into compliance with floor area and site coverage requirements. The property is currently under consideration by the Historic Preservation Commission (HPC) to either be placed onto the historic inventory or to receive landmark status. The HPC granted their approval to the variance request at their May 26, 1999 hearing. The single family residence is located on a 6,000 square foot parcel in the R-6 zone district and is subject to the following dimensional requirements: Front yard setback Side yard setback Rear yard setback Combined front/rear I 0 feet 5 feet/IS feet total 10 feet 30 feet Site Coverage Maximum Height Floor Area Ratio 40% (2400 square feet) 25 feet 3240 square feet Compliance with all dimensional requirements will be verified at time of building permit submittal. STAFF RECOMMENDATION: Staff recommends approval of the setback variance request finding that the Review Standards have been satisfied. APPLICANT: William C. Nolan, Jr., represented by Stan Clauson LOCATION: 308 North First Street (aka 124 West Hallam Street) Block 56, Lots M and N Aspen, CO 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. Response: Granting the variance will achieve a stated goal of the Aspen Area Comprehensive Plan by allowing for the preservation of historic structures. 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> applicant is proposing to remove newer elements of the residence in order to return the structure to it's original foundation line. The majority of the building is already in compliance with the five foot (5') side yard setback requirement, but a small portion (2.4' x 7.7') encroaches into the setback. Staff feels that the setback variance request is the minimum necessary to allow for the structure to retain its historic shape. 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 apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan the terms of this title to other parcels, buildings or structures, in the same zone district. Response: While the lot split that created the new lot line was certainly brought about by an action of the applicant, staff agrees with the applicant that the lot split has reverted the property back to it's original pre-merger status. Historic files depict two houses, including the existing residence, on two individual lots at the subject property. The lot merger provision of 1975 allowed for the merging of the two 6,000 square foot parcels into one 12,000 square foot parcel. The recently approved lot split permitted the parcel to be returned to its original configuration. Staff feels that the historic nature of the property and the relationship that the structure historically had to the west side property line are special circumstances and are unique to the parcel. Granting the setback variance request to allow the structure to retain its original footprint will not confer special privileges to the applicant. 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 approval of the side yard setback variance request finding that the Review Standards have been met. RECOMMENDED MOTION: "I move to approve the two foot four inch by seven foot seven inch (2'4" x 7'7") side yard setback variance request to allow for the existing structure located at 308 North First Street to retain its historic footprint, finding that the Review Standards have been met." " CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE 27 May 1999 CASE # APPLICANT Stan Clauson Associates, LLC MAILING ADDRESS 200 East Main Street Aspen, CO 81611 OWNER William C. Nolan, Jr. and Elaine Nolan MAILING ADDRESS 308 N. First Street Aspen, CO 81611 LOCATION OF PROPERTY 124 W. Hallam Street (formerly 308 N. First Street) Block 56, Lots M and N (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNSEL? YES NO-L 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, This property originally consisted of four townsite lots, Lots K, 1, M, and N of Block 56. Historically, a house was located on Lots K and L, which was demolished in the early 1900's, and another house was located on Lots M and N, which is still standing and has received various additions. One addition extends into Lots K and 1. The four-lot parcel came under the same ownership and the lots were merged in the merger ordinance of 1975. The property recently received a lot split under Ordinance 9, Series of 1999. The lot split provisions of the Aspen Land Use Code do not require that a house be demolished prior to the granting of a lot split or the filing of a plat. They do require that before any development occur as a result of a lot split, the subject properties be brought into conformance. Issues of non-conformities may be addressed to the Board of Adjustment, and the applicant is acting on the suggestion of the City Attorney in this regard. In this particular case, the owners do not want to demolish the existing house. Rather, they want to demolish or truncate the existing house back to its original historic foundation fine on the West elevation. This is the side where the new lot fine has been established by Ordinance 9, Series of 1999. In wanting to preserve the house and its original foundation on this elevation, they are supported by the Historic Preservation Officer and the Historic Preservation Commission, which passed a resolution in support of this variance request on 26 May 1999. The actual text of this resolution will be provided by City staff. . Removing the non-historical additions and bringing the house into conformity with the setback requirements of the newly created lot line is, for the most part, not a problem. The primary plane of the West elevation is generally five feet from the historical property line, as required by code. However, a small portion of the historic West fa~de extends 2.4 feet into the side yard setback for a length of 7.7 feet. It is in the interest of historic preservation that this original extension be preserved. The required variance is quite minimal., specifically, an encroachment into the side yard setback of 18.48 s.f. The applicant is requesting this variance based upon the position of the house and the shape of the lot, as these were the historic relationships between the original house and the original lot line as established at a time predating the current zoning requirements. The applicant respectfully submits that this variance request is consistent with the following fmdings: 1. The grant of variance will be generally consistent with the purposes, goals, objectives, and polides of the Aspen Area Comprehensive Plan and this title; This variance will allow the re-establishment of the original relationship between house and lot line which supports historic preservations goals. In creating two 6,000 s.f. lots, the lot split restores some of the original size relationships characteristic of the West End. The lot split provision was designed to encourage smaller houses on smaller lots. 2. The granting of the variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; The variance requested is only 18.48 s.f. of encroachment into the side yard setback. This is the minimum needed to preserve the historical shape of the structure on the West fa~de and is consistent with an historical relationship of building fa~de to lot line which existed for over a century. It is reasonable to permit that historical relationship to continue. 3. 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 smne %One district and would cause the applicant unnecessary hardship or practical dif:ficulty. 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 ll1Iique to the parcel, building or structure, which are not applicable to other parcels, buildings, or structures 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 and the terms of this title to other parcels, buildings or structures in the same r,one district In this case, both of these criteria are met. The special circumstances consist of the shape of the historical structure and the relationship of that shape to the historical townsite lot line. This was a relationship which predated zoning and does not result from any action of the applicant. The practical difficulty stems from the applicant's and the community's desire to preserve or restore the historical shape of our early structures wherever practicable. Removal of the extension of the structure into the side yard setback wonld go against the Aspen Area Community Plan and its stated intentions to revert to smaller lots and at the same time preserve historical forms. There is no special privilege involved here, but rather the preservation of the forms and relationships of our historical past. I Granting a variance is the only reasonable method to achieve these stated goals for the subject property. bJi.1i~ Applicant's Signature ('P' REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING TInS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF. DATE PERJ."1IT DENIED OFFICIAL DATE OF APPLICATION HEARING DATE ~AY. 27. ;.~rsg 3: 52f=.i: CITY i":Fi"'''~G~~S ,-- --- "". --- ~C.=~3 :: ,-Jf.- _ "l I_ ~.. --- I. . I _ , ORDI:.\-.~".CE ~O. 9 (SE..~S OF (999) A...'i ORD~A..'iCE OF THE CITY COt:-;CTI., OF THE my OF ASPE~, COLOR-illO, APPROYI."iG THE :,\'OLA..' LOT SPLIT, LOTS 1(, L :.\<1, &~, BLOCK 56, CITY A......l> TO'W:';SITE OF .~PE~, P~ COD~Y, COLOR-illO. P:m:!;; 2-35-1.2~21-005 \1t"HERE.....\.S. the COIr'..murllt'1 Dev~lcc!r.e:::.: DeCar::TIe:lc rec:;::ved an acolicar.:or: :\J~ . ~.o. ... .. ...... WLlliam C. Ncl.3I!, owner, for a Lot SeEt or a 12,-JOO 5C'Ja=~ faN oarc:! ofland, 308 Nc,...': . ., First Street, describe:! as Lots:<', L, M, & N. Blc.ck 56, C~!Y ane TO\lil:.i'iU or Aspen, lnt-:l "Va 6,000 5quar~ foot lots in confar:!l2!'..c: wlt.': tb.e :.-1e:iit:.-:l Density (RoO) Zone Discic:; and, WHEREAS, the Cit'j Council may approve Lot SpE: applications and ex:opt ;he denlopment from the scoring ad competition procec1::=s of the C'!O\litll Management Quota SYsUm in conformance ~ith Secttons 26,88.03Q and 26.100.050 after taking a:ld considering a recommendation from ,-':e COl!'..Inuniry Deve!opme::t Dirac:or and taking a::d considering public testimony at l duly noticed public hear'","g; and, - VlHERE.AS, the CCIr.l!luritj Develcpmer:.: Direc"':or r:ceived ~co(I"l..mendation5 from the City Engineer, the City Zoning Omc:::, the .-\.;peniPit.~ COUIlty Housing Authority, and the Aspen Consolidated Sanitation Disc:ct, re...iew~d the ;rroposal, and recorr""'l1enced approval with conditions; and ViEEREAS, the .i.>-pen City Council has revie.....ed and considered the developme~~ proposal under the applicable provision,; ofilie Municipal Caee, as identified in Sections 26.28, 2'6.52, and 26.88, has reviewed and cCl'.3idered the recolDI!lendations mace by the Commt;nity Development D1rector, and has taken ar..d considered public co=ent at a public hear'~g; and, V/1IEREAS, me City Councii 5nds that the ieve!opment proposal meets or exc~eds all applicable development standards and that the approval of the development proposal, wi!.'! conditions, is ccnsistent with the goals and elements orth:: .i.>"Pen Ar:a Community Plan; and WHEREAS, the City Council finds that this OrCinance furl1ers ....,d is necessary for public health, safety, and wel:fure. NOW, THEREFORE, BE IT ORDAL';"ED BY THE CITY Cm:NCTI. OF THE CITY OF ..~PE~, COLOR-illO as follows: Otd.b~ce )ia, 9, Ser:es 0: 1999 :;.AY. 2:. 13'3g 8 : 52Pi'~ .:: 7'.~ '....,f=;l...~Gc::~S :---C,;2.== :l - , .~ " Section 1: 'The :-Iolan Lot Split is appro-led, subject to th~ following conditions: I, A Let Split PUr, ::n~ting the :equi.re::nents of Se~en :S,8g.040(D)(2){a){c), shall be recorded within :So days oithe adcptioll date of this CTd'''"''ce. T!le ;:lar 3hall ~Ci<:a!= Jll eas:menu of rec;:rd, pr:per:y cocer :ncnUI::.e::.t3, -:x:str.g ~truc~.1ral ncz:-confor:::!.ities, e.~g trees incLu.di.ng those in :he :ill.e~ay: :l :lve.fuct-':hice pedest:ia:c. '.!SahlI! space located 7.5 f~t :roo tile ?tOper':1' line ,.vrdl J. 5 teet ollf~r rer SIlOv-." storage, and note etlcroachmeD.ts on ?ublic :ighrs-:f-way and the ::,sFec";e ;ncrcachme:lt lic.enses. 2. Tne lot spli! pia! shall ~"<hii::it r;<,o lotS ill canfonn<mca '.vi-.b. the R..S lene District reg-ili.tiollS :md shalllnclude the foilo"r.ng :'equir:::::~!:l ,~i:his Lot Split as plat noteS: . Cpon development afLot =1 or r~da"/elcpnl~t af:':Jc =2, beth 100, and the asscciatac Sll"JC':'=:s, shail comply wio to;e R-6 Zene Dis;ic: prco;:sioIlS witi! resp= to me ::lewly c;ezt;d lot boundaries and .s~acks. Exist~~ ilcn~'"'::nfcrming ~esscry strJct'..:res ca.y continue to the ex:ent that :be :!.ew lot ooundar.es ':0 net increase the element'.i ncn.. . cOllienni!y, . The de'lelope~ er each Lot shall 3eek m ex~mption from GMQS pursuant:o Section 26, IOO.0:50(A)(2), as amended:rom time to time. 3, A tree removal p=it from tlle Cit)' Pai.cs Depa."'::Ilent shall be required for the ..:.u,'"....al or relocation of1l'ees as per Section 13.10.020 of the Code, as amended. Tnere shall be no excavation or stcrage offfil material:; ',::.ithin me tr:ed.-iplines. 4. Prior to applyin~ fur a buildkg permit, the ~pliC3Ilt 3h:ll1 complete a tap permit :md sha.:! pay all oOIl/lectioIl charges due :0 oe Aspen CO:!Solieated Sani-canon District. 5. A buildiIlg permit applicatien ror each Let shaIl ;ontai:l a dramage r:port and a drainage plan, including all erosion con:::-ol pla.'l, prepar~d by a Colorado lic::med Civil En~"eer which maintains sediment and debris on-.ii!S d~..-mg and !.J.~er construction. If 3. gr.,im.d recharae sYstem is required, a soli :lercolation m:ort ...ill be r=quir:d to corredv size the =r ~ .. ~ facility. A 2 year S-l.Crm frequ::!:cy should be used in ce3igning any dnina~e improvement;. 6. A building permit applicatioIl for each Lot shall contai:: a recorded agr~=ont to eonstru..'"t ridewaL'<, curb, and g'.lt"..er, and a r::corded ag;~e:nen! to join any fut",e imprcvem<::l! districtS for the purpa3e of COIl:>"tr'Jcting :nprave::nenrs which benefit;he property under :m assessm.nt formula. 7. All material representatiollS maCe by the applicant in the application and during ?ublic meetings m'l the :\.:i'pen City COUllcil shall be adhered :0 and .:onside~d conditio~ of approval, unless otherwise amended by all entity with the autherity to do sa Section 2: All material representations aIld corr.n:itmots made by tlle developer pu.-suant co the development proposal approvcls as herein a'Yarded, "'he,,'!er In public hear.ng or documentation pr-'-sented befor:: !.'!e A3pe:! City CO\lUc'l, are hereby il1coIpon!ed in such clan develcoment accrovals and che san. sh:lll be corr,o lied with as if fully set forJ1 herein. unl~s a.'tlen~~d by other specific cor-cmcr.3. . . Section 3: This Oronarlce shall not eff~ct an~' eXJst:ng linga.:on a<ld shall not opente as 3."l abaument of any action cr proc~e'':lflg no\V" ~e::ding ~~c~r cr by vir:ue of me crdL'"la.!:.c~s Ordinance No.9, Se:-:es of 1999 '"~ ~~ "'l ~FY.Z7.1SSS 8:52PM C:7\'" M1=-l'-r::GC::::S SF;~::~ I~C . ;33 - - - . , '- repealed or amended as herein provided, and me same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sente=c:", cla.use, pbrase~ or pcrticn oJf this Ordinanc~ is fer any reason held invalid or uncons:imtiena1 in l cou."! of con:.pe~n! jurisdi~ion, sucJ. portion shall be deemed a separare, dis-'..nct ad inc:epenc:ent prevision and sh31l net affect me va1idit"j of the :emaining portior...s d1er~cf. Section 5: That the City Cld: is direct~d, upon the adoFric:! of this Orclinanc2, to record a copy of this Ordinance in me office of the Pitkin County Clerk me! Recorder. Section 6: A public hea:ring on t.~e Ordinance was held on ,,'le 12th day of .-\ptiI, 1999 at 5 :00 in the City Council Chambers, A.s"en City H31l, Aspen C0101"'''':0, t1."teen (15) days prier :0 which hearing a public notice of the same was published in a ilewspaper of ger.e~ circulation within me City of A>-pen. INTRODUcrD, READ A...'iD ORDERED Pu13LISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of),fuch, 1999, Attest: Kathryn S. Koch, City Oerk John Bel1llet:, Mayor FIN.-\LL Y, adopted, passed and appro'id this day of ,1999. Arrest: John Bel1llert, i}uyor Kathryn S. Koch, City Oerk Approved as to form: City Attorney Or~c. )io. 9, S~ries of 1999 . ".u'~,#J I'll' ___ __ __ _~ ....\r--....... '==--=- ..........,;-- ~ , ,,,,-,,n, .........-=-._-=--= ~ __ ______ _~_ 'S ~- "'~~I~I J~ I.> I "" I ... I I !If. ... LO L.O ~~ " - ~ l~ I I - L"" '" -, .... ~ . -, ~\' \'- .... J- , \\~t ~' ~/ Cf.) 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