HomeMy WebLinkAboutlanduse case.boa.835 E Hyman Ave.006-99
eOTICE OF PUBLIC HEARING 0
CASE #99-6
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 Adjusllnent 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 Adjusllnent 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 Meet in!!:
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Date: July 8, 1999
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name:
Hy-West Condominium Association
Same
Address: P.O. Box 2768, Aspen, CO
Location or description of property:
835 East Hyman, with a legal description of Lots G, H & I, Block Ill, Aspen, CO
Variances Requested:
The applicant is requesting a six foot (6') East side yard setback variance to allow for construction of an
exterior stairwell.
Will applicant be represented bv Counsel: YES: X NO:
The City of Aspen Board of Adjusllnent
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
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MEMORANDUM
TO:
Board of Adjustment
FROM:
Julie Ann Woods, Community Development Director
;;:
Sara Thomas, Zoning Officer 0\
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THRU:
RE:
835 East Hyman - side yard setback variance request
DATE:
July 8, 1999
SUMMARYIBACKGROUND: The applicant is requesting a six foot (6') variance from
the side yard setback requirements in order to construct an exterior stairway. The
existing multi-family residential structure is located on a 9,000 square foot corner lot in
the R-MF zone district and is subject to the following dimensional requirements:
Front yard setback
10 feet
* 6 foot 7 inches for other street facing yard
(* For corner lots, the owner may chose which yard shall be considered as the front yard,
such yard to meet minimum setbacks for a front yard in that zone district. The remaining
yard bordering a street may be reduced by one-third of the required front yard setback
distance for the zone district.)
Side yard setback
Rear yard setback
5 feet
10 feet
In order to provide additional natural light to the lower level units, the applicant has
applied for a building permit to replace the two existing exterior stairwells at the front of
the building with one central staircase and to add a new three foot wide secondary egress
stairwell at the eastern side of the building. The secondary egress stairwell indicated on
the building permit application complies with zone district requirements, as fire escapes
are permitted to project into a setback by up to four feet (4'). The applicant is now
requesting that a variance be granted so that the stairwell can be re-designed to allow for
a landing instead of the single straight flight of stairs that is currently indicated. The
landing will project six feet into the setback, requiring a side yard setback variance.
STAFF RECOMMENDATION: Staff recommends approval of thc sctback
variance request finding that thc Review Standards havc been satisficd.
APPLICANT:
Hy- West Condominium Association, represented by Cheryl
Schmidt
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LOCATION:
835 East Hyman, with a legal description of Lots G, H, & I
Block 111, 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:
I. 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 not conflict with the goals of the
Aspen Area Comprehensive Plan.
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 current proposal for the three foot wide single run stainvay
meets the Uniform Building Code (UBC) requirements and does not require
a variance. However, if the stairs are constructed in this manner, a loss of
parking spaces will result. The City Engineering office is in the process of
granting an encroachment license for the existing non-conforming parking
spaces that are located off of West End Street in exchange for the Hy-West
Condominiums providing a five foot wide concrete sidewalk on West End
Street. The creation of the sidewalk, in conjunction with the single run
stainvell that runs for the length of the building, would eliminate three
parking spaces. The proposed reconfiguration of the stainvell is more
compact and would result in the loss of only the guest parking space.
According to the Engineering Department; the guest parking space would
still function for compact 'vehicles and could be posted accordingly. The
stainvay with landing has bcen dcsigned so that only one section, the landing
between the middle and upper levels, requires a variance. The remaining
portions of the stainvay comply with the allowed encroachment of four feet
into the setback.
Staff has also reviewed the proposal to determine if there were any other
areas on the property that could accommodate the secondary egress and not
require a variance. Since all of the units enter from the front of the building,
the only other possible location was at the southwest corner of the structure.
However, this area of the yard is the location that the Parks Department has
reqnested that the required replacement trees be planted in, limiting the
available area to place a structure. Based on the conditions stated above,
staff feels that the applicant's request complies with Review Standard #2.
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3. Standard: Literal interpretation and enforcement of the terms and
provisions of this title would deprive the appHcant 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.
I
Response: Loss of existing parking spaces can ccrtainly be considered as an
unnecessary practical difficulty. In addition, the City Engineering'
department is allowing for the non-conforming parking situation to continue
in exchange for construction of a sidewalk which will benefit the
neighborhood as a whole. Allowing for the current parking situation to
remain and at the same time gaining a pedestrian pathway are both goals
that the Community Development Department supports. Staff does not feel
that granting the variance will confer special privileges to the applicant, but
rather, will allow the applicant the ability to' accomplish two community
goals, as well as provide safe secondary access to the building.
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AL TERNA TIVES: 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.
o
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RECOMMENDED MOTION: "I move to approve the six foot (6') side yard setback
variance request to allow for construction of an exterior stairwell at 835 East Hyman,
finding that the Review Standards have been met." ,
c:/saratlhomelboahywest.doc
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OmTICE OF PUBLIC HEARING 0
CASE #99-6
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 Adjusllnent 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 Meetin!!:
Date: July 8, 1999
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name:
Hy-West Condominium Association
Same
Address: P,O, Box 2768, Aspen, CO
Location or description of property:
835 East Hyman, with a legal description of Lots G, H & I, Block III, Aspen, CO
Variances ReQuested:
The applicant is requesting a six foot (6') East side yard setback variance to allow for construction of an
exterior stairwell.
Will applicant be represented bv Counsel: YES: X NO:
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
~.,
-......,
-
CITY OF ASPE:'1
BOARD OF ADJUSTMENT
DEVELOPMENT APPUCATION
DATE
June 1 llJJ.2....
CASE if
APPUCANT Hy-WP"t Cnnrlnminillm A""n"iMion PHONE 925-1677
c/o Cheryl L. Schmidt
MAll..lNG ADDRESS P. O. Box 2768. Aspen. CO 81612
OWNER Hy-Wpc::t ('onnnminillm Assor.;,gt;on
PHONE above
MAlLING ADDRESS
LOCATIONOFPROPERTY 835 East Hvman Street. Aspen, CO, Lots G,H,&I, Block 111
(Streer. Block Number and Lot Numiler)
WIll YOU BE REPRESENTED BY COl,;'NCJl.? YEsi NO_
Below, desctibe clearly the proposed variance. including all dimensions and justification for the
variance. (Additional paper may be used if necessary.) The building permit lpplication and any
other information you feel is pertinent should accompany this application. and will be made part of
this case.
Attached
Hy-West Condominium Association
Applicant's Signarure B :
hery, idt, Managing Broker
,/
REASONS FOR DE:'a.U OF BUll.DING PER..'rIIT, BASED ON THE ASPEN CITY
CODE, CHAPTER 24. AJ.~ OPINION CONCER..~1NG THIS VARIA..'iCE WILL BE
PRESENTED TO THE BOARD BY THE ZONING DEPARTME~T ST.-U'F.
DATE PER..\1IT DS'lIED
OFFICL\L
DATE OF APPLICATION
HEARlNG DATE
-.,,",
,.-....
CHERYL L. SCHMIDT ENTERPRISES, INC.
CHERYL L. SCHMIDT, BROKER
P. O. BOX 2768
ASPEN, CO 81612
(970) 925-1677: Fax: (970) 925-7909
E-Mail: cschmidt@J'of.nel
June 2, 1999
City of Aspen Board of Adjustment
130 So. Galena Street
Aspen, CO 81611
Re: Variance Request-Hy-West
Condominiums, 835 E. Hyman, CO
Ladies and Gentlemen:
The Hy-West Condominium Association has filed a Permit Application with the City
of Aspen covering the redesign and replacement of the original stairs, a new roof, new
railings and some landscaping (attached). The building was built in 1969 and no
improvements to the stairs or front of the structure have been done over the years.
The structure contains twelve units: eleven two bedroom units and one one bedroom unit.
The ownership of the condominiums is a mix of five owner residents with the rest being
long-term rentals with some owner use (i. e. weekly use by owners during the lease
period). We have had no units rented on a weekly basis for over two years now.
Most relevant to this variance request is the fact that we have twelve parking
spaces (one parking space per unit) and one guest/service parking space. The parking
is aligned on the back side of the building off of the alley and on the West End Street
side of the building.
During our initial investigation period regarding design and the parameters
within which we had to work, we were told that one central stairwell to replace the two
old stairwells would be acceptable. After conceptual drawings were mailed out for
owner approval (and 94% owner approval was received within a week), we were then told
that a second stairwell would be required by the City. After struggling with the
design of a secondary stairwell and many architectural dollars later, we came up with a
design stringing the stairs along the length of the West End Street side of the
building which is shown on the drawings accompanying the Permit Application. While the
design is functional and we believe falls within your criteria, it is not the best
solution for the building and is receiving some owner dissent ranging from privacy
intrusion to diminishing natural light.
We realize that resolving owner conflict is not your priority, but we are filing
this variance request based upon the infringement the stairs is causing to the parking
spaces on the West End Street side of the building. The stair width must be 3'. The
space available from the building (at the brick chimney) to the curb of the street is
20'6#+/-. Measuring the vehicles currently in the parking area shows lengths of 15'6#
to 16'10# and does not include common large vehicles such as Suburbans or trucks. The
point is that the addition of the 3' stairwell will barely allow average-sized vehicles
to park directly against the stairwell without sticking out into the street, let alone
larger vehicles. Even if we disregard the concern for larger vehicles, this stairwell
allows no space for people to walk from the parking area to the building without going
into the street. A much simpler, more function, less costly and less objectionable
solution is to allow us to construct a compact, metal stairwell off the front end of
the building which would impose upon the setback (See Attachment A; Site Plan and
Elevation) .
Your serious consideration is appreciated.
be helpful to you, please call.
If any additional information would
Respectfully Submitted,
Managing
y-West Condominiums
Attachments
ASPEN BOARD OF REALTORS
REAL ESTATE BROKER
BSBA REAL ESTATElFINANCE
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KIM
RAVMQND
ARCHITECTS
. .
June 9, 1999
Pitkin County Board of Adjustment
130 S. Galena
Aspen, CO 81611
Dear Board Members,
We are asking for your consideration of a request for a variance for
the sideyard setback and combined sideyard setback for the Hy-West
condominiums,
As this building is on a corner lot, the front and side yards have been
determined by the current zoning; making Hyman Ave. the front of the
building. By using this determination, the combined sideyard setback is
already nonconforming, as the requirement is for 20'-0, and the existing is
only 10'-0, The requirement for a minimum of 5'-0 for the sideyard is
conforming all around. If West End Street were in fact considered the front
of the building, there would be no existing non-conformities,
With this in mind, please consider our request for an exit stair off the East
side of the building, into the current sideyard setback. The code allows for a
means of egress to extend into the setback up to 4'-0, We would like to
extend one section of the exit stair, between the upper level and main level
into this setback, The existing sideyard on the East side is 6'-0; all of the
sections of the new stair are to extend three feet from the side of the
building, only the one section will extend an additional three feet, to the
property line, This
portion of the stair is high enough off the ground that people will be able
park or walk under it. Also, the stair construction is very minimal, with open
treads and a very simple railing, both of which will be painted to match the
building; so they will have very little visual impact. Please see the attached
drawings,
Thank you for your help and consideration,
Sincerely,
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