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HomeMy WebLinkAboutlanduse case.boa.262Eastwood-Dr.005-98 RESOLUTION NO.1L~ Series of 1998 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN DENYING A VARIANCE IN CASE NUMBER 98-05 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 262 EASTWOOD DRIVE AND A LEGAL DESCRIPTION OF LOT 7 EASTWOOD SUBDIVISION, ASPEN,COLORADO. WHEREAS, Joan Fabry made application, dated September 24, 1998 to the Board of Adjustment for a variance from the dimensional requirements of Chapter 24 of the Aspen Municipal Code; and WHEREAS, this matter came on for hearing before the Board of Adjustment on November 12, 1998 and after full deliberations and consideration of the evidence and testimony presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO: Section 1. Findings of Fact. For purpose of approval, the Board of Adjustment must determine the following findings of fact: 1. A development application for a variance was initiated on September 24, 1998 by Joan Fabry for property with a street address of 262 Eastwood Drive, Aspen, Colorado. 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 24-6- 205(E) (4)b) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 3. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive plan and Chapter 24 of the 1111111111111111111111111111111111111111111111111111111 428448 03/04/1999 03:!8P RESOLUTI DAVIS SILVI 1 0' 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO Aspen Municipal Code. 4. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. 5. The literal interpretation and enforcement of the terms of Chapter 24 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 circum- stances 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. The Board determined that findings #4 and #5 above were not satisfied and the variance request was therefore denied by a vote of 5-0. INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 12th day of November, 1998. (U~~ 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 ",,'.d. 1J.lf:.~ eputy City Clerk Approved as rney . ,...,', . " ....rl' ,,', 'j, }J '1'~.00I L 1 . .~ ~ i ~ ....,."": ..) ! f' -'-. Assistant ,.\ I Ji..... l' .... '. ,),..... l>- f', ,;\ *1 I i.l ;'.' ;., ~. I "1. ti t ...1......., f . ,- . '..~ . \... ~ 2. ~ r C~ ~. ~"'l /.....~. I l ' . ~ ~.l} 1 h " ~ , ..,.... "..~.J " .1-~ 1"1''"; ,.. ~." t - ~~i (,. .1.-\ . I ""l ~ ... 1111111111111111111111111111111111111111111111111111111 428448 03/04/1999 03:!8r RESOLUTI DAVIS SILVI 2 Dr 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO I ,.--..--..- NOTICE OF PUBLIC HEARING CASE #98-5 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 vanance, Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: November 12, 1998, City Hall Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Joan Fabry 2425 Wyoming Avenue, NW Washington, DC 20008 Represented by: John Laatsch Location or description of property: 262 Eastwood Drive, with a legal description of Eastwood Subdivision, Lot 7, Variances Requested: The applicant is requesting an eleven foot (11 ') front yard setback variance to allow for construction of a single car garage, Will applicant be represented by Counsel: YES: NO: X The City of Aspen Board of Adjustment 130 S, Galena Street Aspen, CO 81611 Charles Paterson, Chairman -_. ,,~, I --. .... BOARD OF AD.JUSTMENT NOVEMBER 12, 1998 MINUTES.....................................................................................................................................................................1 COMMENTS ....."............"..............,....................................."....................................,...................,.................,.........1 CASE #98-05 ,lOAN FABRY - 262 EASTWOOD DRIVE ......................................................................................1 4 ~ .- BOARD OF ADJUSTMENT NOVEMBER 12, 1998 Charlie Paterson opened the City Board of Adjustment meeting at 4: I 0 p.m, Jim Iglehart, David Schott, Rick Head and Howard DeLuca were present. City Staff present were David Hoefer, Assistant City Attorney, Sara Thomas, Community Development Zoning Officer and Jackie Lothian, Deputy City Clerk. MINUTES MOTION: David Schott moved to approve the minutes from May 7, 1998, Case #98-04 (Liz Talenfeld) and 98-03 (Bush/Krumm). Jim Iglehart second. APPROVED 5-0. COMMENTS Charles Paterson stated that Ron Erickson resigned from the Board of Adjustment and was now on the City Planning and Zoning Commission. Jackie Lothian noted that Dan Martineau was also off ofthe Board of Adjustment because he resided in the county, There were ads placed for the two (2) members needed. PUBLIC HEARING: CASE #98-05 JOAN FABRY - 262 EASTWOOD DRIVE Charlie Patterson opened the public hearing, David Hoefer stated the affidavit of notice had been received and the board had jurisdiction to proceed, John Laatch, representative for the applicant, explained the reason for the variance was historically that this was a private subdivision annexed by the city which then required the 30' setback from the roadway. He said this placed the house farther away from the roadway and there was a failure of the retaining wall caused by drainage from the roadway. Laatch stated that Joan Fabry, owner, requested help from the city in the correction of this drainage problem, He said the city improved an inlet on the high side ofthe road and could not do much about the cross-slope ofthe road. Laatch commented the request was for a variance to build a garage and re-build the wall between the road and house. Laatch said this inadequate drainage from the road was a hardship placed upon the property owners, He noted this was an appropriate time (the failure of the wall) to improve the safety and control the drainage. I ~I - BOARD OF ADJUSTMENT NOVEMBER 12, 1998 Laatch stated the variance request was for a single car garage, the extent of the request was minimal, in order to provide for safe access to their vehicle in the garage and to provide the drainage back to the natural course. He submitted a letter from Stan Clauson, as a private planner, supporting the project. He said there were numerous garages in the neighborhood that were within 10 feet or six feet of the roadway. He stated the garage would clean up the area of garbage being exposed to bears, enclosing the car and create a landscape area in front rather than the gravel expanse that was there. Sara Thomas stated reading the standards to allow a variance and the intent to allow a variance; a variance should be looked as if the structure were not permitted would there be a hardship. Staffs opinion was the property was still very usable; a garage is an amenity not a necessity, it does not cause hardship not to have a garage, Hoefer inquired about the drainage problem. Thomas replied the retaining wall could be re-constructed without a variance. She said a trash enclosure could be constructed without a variance and placed inside the setback. Rick Head and Jim Iglehart asked what prevented the garage from being moved into the building envelope. Laatch said the garage would butt up against the house causing a conflict with the footers; moving the garage into the area proposed would take care of the drainage problems as well. He said the lack of proper drainage could be changed by the grade of the road which would be by the city, Iglehart asked if the house was there before the road, Laatch answered that the same considerations for drainage were not in place 20-22 years ago when the roadway and house were built. Howard DeLuca said the orientation of the garage created more of an encroachment into the easement than the setback itself. Laatch answered the drainage from the swale would be interrupted and should probably be enclosed in a pipe to convey the city drainage. DeLuca stated the minimum variance was what the board would consider but this was too much, Head said he failed to see why the garage could not be built within the setback. He said that he would not be in favor of granting the variance. He did not see this as a practical difficulty or a hardship. Iglehart stated there was a way to make it work, being built into the set back. He said that he would not grant the variance. 2 _.~..".-., '-. BOARD OF ADJUSTMENT NOVEMBER 12, 1998 Paterson agreed with the board by moving the structure back to the building; it would provide a more suitable design. The board and applicant discussed tree removal, standards being met in order to grant a variance and what was appropriate for the neighborhood. MOTION: Rick Head moved to approve the request for an eleven foot front yard setback variance to allow for the construction of a detached garage at 262 Eastwood Drive, finding that the review standards have been met. Howard DeLuca second. Roll call vote: Iglehart, no; Schott, no; DeLuca, no; Head, no; Paterson, no. DENIED 5-0. Meeting adjourned at 5:00 p,m. Jackie Lothian, Deputy City Clerk 3 County of Pitkin } } ss. State of Colorado } AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATION SEcrION 26.32.060 (E) L -ft #'v c, L-44-7.S'C'# . being or representing an Applicant to the City of Aspen. personally cettify that I have complied with the public notice requirements pursuant to Section 26,52.060 (E) of the Aspen Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto. by first-class. postage prepaid U.S, Mail to all owners of property within three hundreC: (300) feet of the subject property. as indicated on the attached list. on the _day of , 199_ (which is _ days prior to the public hearing date of ), 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the go day of ~ 199!3\Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attaChed hereto, (Attach photograph here) ~ Signed before me this MOV(nffyfpt/ . .2 . I 99}by day ~~ Ii IV L. LfJAi9dl . WITNESS MY HAND AND OffiCIAL SEAL My co No !/ad Notary Public's SignalllrC - _. -,. County of Pitkin } } ss. State of Colorado } AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATION SECTION 26.52.060 (E) . L d () (\ '^' F .,'v, r ~ . b ' , , emg or representing an Applicant to the City of Aspen. personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the following manner. 1. By mailing of notice, a copy of which is attached hereto, by first-class. postage prepaid U,S, Mail to all owners ofprbperty within three hundred (300) feet of the subject property, as indicated on the attached list. on the J..:tday of o eX" ~i( 199 I. (which is 11 days prior to the public hearing date of 12. /'JJv ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the day of . 199_, (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto, (Attach photograph here) ~~~.. S~ature Signed before me this ~,J ()CA?Ji>U'( .199~by day WITNESS MY HAND AND OFFICIAL SEAL My commission expires :~~, ro~'n;":on 'F...+es S'""m~er30, 2MC (~/.UfAldoYJ ;L fA) owj4t! j Notary blic JxZ 1M (L '''_..,_.~ -",,-- Rita and Gene Clausen 0284 Eastwood Road Aspen, CO 81611 Umberto and Marguerite Villasanta 4611 Cedar Garden Road Baltimore, MD 21229 Margaret Aden Mason PO Box 4044 Aspen, CO 81612 William and Barbara Dunaway PO Box E Aspen, CO 81612 Albert and Selma Rose ET AL 1075 Santa Fe Drive Denver, CO 80204 Peter and Sharon Hutter 161 Westv~ Drive Aspen, CO 81611 Jack and Elise Resneck 721 2 Gilbert Drive Shreveport, LA 71106 Sandra Whitaker L 7 7 Eastwood Drive Aspen, CO 81611 Melanie and Myron Rosehko 257 Eastwood Road Aspen, CO 81611 Ann Hooles 302 Roaring Fork Drive Aspen, CO 81611 Joanne Tibma and Peter Gillen PO Box 2317 Aspen, CO 81612 Vincent K, Partyka 203 Eastwood Road Aspen, CO 81611 Marc Mathys 220 N Starwood Drive Aspen, CO 81611 John W, Rhea, Jr, 1901 N, Akard Street Dallas, TX 75201 Victor A, Conforti 817 Merrimack Street Lowell, MA 01852 Brooke Newman 273 Roaring Fork Drive Aspen, CO 81611 Marie-Fabienne and John Gordon PO Box 2772 Aspen, CO 81612 Clove North and Joseph Filloy 100 North Biscayne Blvd" Suite 700 Miami, FL 33132 Arlene Stanley 229 East Lake Shore Drive Chicago, IL 60611 Chuck Frias c/o The Aspen Club 730 East Durant Ave Aspen, CO 81611 Fabienne Benedict c/o Ramona Markalunaj 624 North Street Aspen, CO 81611 Beauseant Trust Bearfoot Revoc,Trust 198 Eastwood Drive Aspen, CO 81611 Dale Dillingham and Gabriella Bursten PO Box 2061 Aspen, CO 81612 Helene Freeman c/o Commonwealth State Bank Rt, 332 and Friends Lane Newton, PA 18940 Aspen Grove Cemetary 624 North Street Aspen CO 81611 APPLICANT: Joan Fabry, represented by John Laatsch ADDRESS: 262 Eastwood Drive, Lot 7 Eastwood Subdivision REQUESTED ACTION: Variance Pursuant to the Aspen Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the Board of Adjustment shall make a finding that each of the following three circumstances exist: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and this title, The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure, 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 rights would be deprived, the board shall consider whether either of the following conditions apply: 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 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. Stan Clanson Associates, LLC Planning. Urban Design. Transportation Studies · Project Management 200 East Main Street Tel: 970 925 2323 Fax: 970920 1628 Aspen, Colorado 81611 Email: clauson@csi.com 11 November 1998 Mr, Charley Patterson, Chair A~enBoardofA~u~mem Aspen, Colorado Re: Zoning Variance for 262 Eastwood Drive Dear Mr. Patterson and Members ofthe Board: I am writing in support of a zoning variance as requested by Ms, Joan Fabry for her property at 262 Eastwood Drive, Joan Fabry and her husband Michael Klein have wrestled with the problems caused by their ~eeply sloping site and the need to recon~ruct failing retaining walls currently buttressing the exi~ing parking area to the front of their property, Replacement of these retaining walls will require a major construction project. It is because of this need to construct new concrete retaining walls that they have identified an opportunity to contribute to the appearance of the neighborhood and provide better control of runoff flows by constructing a small garage to house their vehicle, An added benefit is the ability to integrate a bear-proof waste storage facility into the structure, as this has been a problem in their area, I have read Sara Thomas' memo to the Board, and would respectfully call to the Board's attention the following possible findings offact with respect to this request: 1. The requested garage is only 352 square feet in size, sub~antially less than the 500 square foot garage size which is excluded by right from Floor Area in this zone district; 2, The requested encroachment into the front yard setback is the minimum necessary to provide for the construction of a garage; 3, The front ofthe property currently provides for open parking of vehicles which is less attractive than having a vehicle contained in a well-designed structure; 4, The steeply sloping lot con~itutes a hardship with respect to the con~ruction of a garage and the management of runoff, This situation can be greatly improved through a garage structure; 5, Problems with wildlife, particularly bears, have proved a challenge for the construction of appropriate trash storage facilities, These could be attractively integrated into a garage structure; Planning and Design SolutiOns for Communities and Private Sector Clients Aspen Board of Adjustment 11 November 1998 Page 2 6, A literal interpretation and enforcement of the terms of the zoning code would deprive Ms, Fabry ofthe rights commonly enjoyed by other parcels in the same zoning district and would cause unnecessary hardship and practical difficulty; and 7, Relief may be granted without derogating from the zoning code or the commonly shared qualities ofthe district. While I understand the staff contention that having a garage is not a "right" of all property owners, it certainly is a convenience shared by most property owners in this district. Moreover, garages are sanctioned and encouraged by virtue of the 500 square foot Floor Area exemption provided for in the code, In terms of providing for the best interests of the neighborhood, a garage on this property will offer aesthetic and functional benefits that would appear to justify the small variance requested by the applicant. Thank you for allowing me to comment on this matter before the Board, Very truly yours, ~- Stan Clauson, AICP, ASLA --....,-1.. MEMORANDUM FROM: Board of Adjustment Julie Ann Woods, Community ~evelopment Director ~ Sara Thomas, Zoning OffiCe\,Lj) 1" . " 262 Eastwood Drive TO: THRU: RE: DATE: November 12,1998 ------------------------------------------ ------------------------------------------- SUMMARY: The applicant requests a variance from the front yard setback dimensional requirement in order to construct a single car garage, A portion of the proposed detached garage would encroach into the required front yard setback by approximately 19 feet, requiring an 11 foot front yard setback variance, The single family residence is located in the R -15B zone district, which has the following setback requirements: Front Yard - 30 feet Rear Yard - 10 feet Side Yard - 5 feet The R-15B zone district is unique in that it is the only City zone district where the Design Review Standards, established by Ordinance 30, 1995, do not apply, and it is the only zone district where garages up to 500 square feet are completely exempt from floor area calculations, The proposed garage is approximately 352 square feet and will therefore not affect the floor area square footage for the property, This property was previously reviewed by the Board of Adjustment in 1993 when the applicant was requesting a floor area variance to allow a portion of a covered walkway to be converted to living area, That variance request was denied by the Board, Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance, STAFF RECOMMENDATION: Staff recommends denial of the variance request finding that Review Standard #3 has not been satisfied. APPLICANT: Joan Fabry, represented by John Laatsch LOCATION: 262 Eastwood Drive, Lot 7 Eastwood Subdivision ..j 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: Other zone districts within the City of Aspen are required, through the Design Review Standards, to locate garages a minimum of 10 feet behind the front facade ofthe principal building. However, since the R-15B zone district is exempt from the Design Review Standards, this criteria does not apply to the subject property. Therefore, granting the variance will not conflict with the goals of the Aspen Area Comprehensive Plan or the requirements ofthe Aspen Municipal Land Use Code. 2. Standard: The grant of the variance is the minimum variance that will make possible the reasonable use ofthe parcel, building, or structure, Response: This parcel is located in an area with very steep topography and very limited level building or parking areas. In addition, the subject property has a dramatic grade change from the road to the house, with a drop-off of approximately 12 feet creating a gully between the existing parking area and the house. The applicant is proposing to locate the garage as far into the property as possible, bnt the existence of the 10-12 foot drop- off necessitates the structure to encroach 11 feet into the required 30 foot front yard setback. The applicant has designed a large single car garage instead of a standard two car garage in an attempt to minimize their variance request. 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. . Response: As discussed above, the steep topography on the subject property is a situation that can be considered unique to this parcel and one not caused by the actions of the applicant. In order to comply with the zone district setback regulations, the applicant would be faced with a practical difficulty of having to significantly re-grade the property in order to eliminate the existing dramatic grade change. However, in reference to the iDkD1 of Standard 3, staff feels that having a garage should not be considered a right of all property owners" as a garl!ge is an amenity, not a necessity. Based on this, staff does not support the variance request as we do not feel that this will cause the applicant unnecessary hardship or deprive them oftheir rights. 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 front yard setback variance request to construct a garage, finding that Review Standard #3 has not been satisfied. RECOMMENDED MOTION: "I move to deny the request for an 11 foot front yard setback variance to allow for construction of a detached garage at 262 Eastwood Drive, finding that review standard #3 has not been met." ALTERNATIVE MOTION: "I move to approve the request for an 11 foot front yard setback variance to allow for construction of a detached garage at 262 Eastwood Drive, finding that the review standards have been met." c:/saratlhomelboafabry .doc NOTICE OF PUBLIC HEARING CASE #98-5 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 Meeting: Date: November 12, 1998, City Hall Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Joan Fabry 2425 Wyoming Avenue, NW Washington, DC 20008 Represented by: John Laatsch Location or description of property: 262 Eastwood Drive, with a legal description of Eastwood Subdivision, Lot 7, Variances Requested: The applicant is requesting an eleven foot (II ') front yard setback variance to allow for construction of a single car garage, Will applicant be represented by Counsel: YEs: NO: X The City of Aspen Board of Adjustment 130 S, Galena Street Aspen, CO 81611 Charles Paterson, Chairman --'i-~' FABRY ASSOCIATES, ARCHITECTS TRANSMITTAL 1m .EG~~" \..' 'oq8 1777 Cr-URCH sr~EET NonHWesr WASHINGTON DC DATE ~/'L'" .~.~ nvr ~> 'l,,~ 8-fI'.P-J COV,~;\UN:T\' Lc,._J~~.- . ~', 20036 Tt:lf'''ONI TO 2027973601 '.CS'''''l! 2023287223 VIA w.-~ PROJECT /l,(Pl-E.."'O Nl> ~ A VHI-~ kvt.. . ...............tf QUANTITY DRAWING DATeD DESCRIPTION I ~ I{lS ~ 1"0~~~C4; <12Lr Ie". REMARKS ..~N~ .,.. ..... ..Jl~~~4)~"1)-,~ ~f~ 1 ....~ .f:..J... ...-u; ". M9:(q""""cr ... . tk...~~ .q..~d~.J~q.... ...... . ........... ......... .(y~r:w, .... ................... ... . .. ........-...-.. ,y j . Variance ProDosal for 262 Eastwood Drive. Lot 7. Eastwood Subdivision We here seek a variance from the minimum front yard requirement of 30 feet in an R-15B residential zone in order to build a one car garage at 262 Eastwood Drive. This garage could not otherwise be constructed within the confines of the front yard, primarily because of the steep topography of the lot and because the existing house was located in compliance with the zoning regulations for the Eastwood Subdivision which was later annexed by the city of Aspen, Prior to the annexation Eastwood Drive was a private road, located on a 40' easement (20' on each adjoining property). However, more of the road was built on the 262 Eastwood property (approximately 15' of the 20') Therefore, the house or garage then could have been built as close as 5' to the road, along the line of the original 20' easement, It may be important that many existing structures are built as close as 6' to Eastwood Drive (see the attached photographic survey). With the City of Aspen zoning code currently applying, a 30' front yard setback is required for any structure (the front property line is now roughly concurrent with the road edge). In our case, it is approximately 25' further back than the setback required by the original easement. The properties along Eastwood Drive are very steeply sloped perpendicular to the road. There is relatively little level area along side the road for parking or structures, The north corner of the house at 262 Eastwood is 43.4' from Eastwood Drive, the entry door is approximately 42' from the road, and the edge of the covered entry bridge is approximately 24' from Eastwood Drive. The covered entry bridge spans a chasm between the parking area (at approximate street elevation) to the entry, which at that point is 10-12' above grade, Because of this excessively steep topography, the level area, held up by an 11' tall retaining wall constructed of wood ties, ranges between 18 to 35' deep; not a sufficient length for a 30' setback and a 22' deep garage. We propose the reconfiguration of the retaining wall at the point the level area is the widest, The existing retaining wall is collapsing and will require a great deal of earth fill and structural work to repair, Aclding a 22' deep garage with a 19' setback from the street makes the most sense in this location both in terms of the site and economics, It is not possible to build a garage set back at 30' because of the house location and because of the difference in grade between the street and the front wall of the house (approximately 14,5'), Therefore, for reasons entirely out of our control (the existing topography and the house location on the site predicated on earlier zoning codes and easements) a zoning variance is being sought, The variance is being sought for the portion of the 500 sq, ft, garage (including roof overhangs and an open, covered connection to the existing covered entry bridge) located forward of the required 30' setback, A one car garage is proposed in lieu of a two car garage so as to minimize the variance being sought, ..,.." Paved parking spaces for two additional cars are being proposed to the north of the garage, with an another space in the driveway. An additional need for the garage (besides the protection of our car from the elements) relates to the increasing need to keep bears out of the garbage. Over the past years, our external garbage bin structure has repeatedly attracted and been torn apart by bears. We propose to use part of the garage space to keep the garbage outside their grasp, to protect them as well as us. I I I I I I I o o 1, 262 Eastwood Drive, front yard and front of house 2, 262 Eastwood Drive, view from south-east showing steep topography, retaining wall and existing covered bridge to entry o o --- - ---- f I . 3, 244 Eastwood Drive. house directly south of ours I I I I I I 4,1 284 Eastwood Drive. house directly to the north of ours I I I I I o .'- ,- ""'" ." ~~.{~ . -. . .... ~ - :::: '\ :.:.,~4 o ;:.; 5; I 284 Eastwood Drive, close up of garage, located approximately between 11 ',8" and 18'-4" from the road II-~ , , 'o...-.~".,. .~~.._ ~ . I _ .J 69 Eastwood Drive (opposite). garage doors approximately 6' from the road 6, I I o o I I I I I I .~ . , -. .' 7, 82 Eastwood Drive, stone wall south of garage doors located approximately 12'-6" from the road, (garage doors set back approximately 2' more) - - 8, 102 Eastwood Drive, corner of carport located approximately 9' from the road I I o o 9~ 134 Eastwood Drive, house located approximately 21' from the road I I I I I I I I r I 0- .~ .~~~ ....~ '...;~~';;.., ~.~~:.;,:. ~-: '< ,".:. ".'- ~ I -~ 10, 64 Eastwood Drive, corner of house located approximately 16'-9" from the road '''I' ~ m ,~ x ,J' - N -i "" ~ ~ \.I' I' -IN ~ III '\) (1 'T \{) .J \) )- ~ S --\ ~ 8 \1 . \J 1 ( \H ~ J \) .~ ~" \Ii D \j \ )- r \ ) ) / ./ J'L rom -I'l:. )> ~D T" -r.. L~ (1\. ~ \ \ \ (' --r~ \ ' ,J r ~ -v]"\'l 1tl ~\I';>< "1- ~ '8 " J' - ~ ~ 1"-\ -I )> - pG\ G\ <:li {TI )> ."m :t:. ~ xL <;) -\ - -\ \:. !:. 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