HomeMy WebLinkAboutlanduse case.boa.303wmain.kuhn.006-97
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NOTICE OF PUBLIC HEARTho.;
CASE #97-06
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: May 1, 1997 Council Chambers Meeting Room
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name: Mr. NikIaus Kuhn
Mr. NikIaus Kuhn
Location or description of property:
A vacant lot located at the intersection of S. Fifth Street and West Hopkins Street and is described as
Parcel A: A tract of land situated in the Southeast Quarter of Section 12, Township 10 South, Range
85 West of the 6th P.M. being a part ofthe City and Townsite of Aspen, the M.W. Lode Mining
Claim V.S.M.S. No. 5793 and the Mary B. No.2 Lode Mining Claim V.S.M.S. No. 19640.
Variances Requested: To temporarily relocate and store a historic home of approximately 1000
square feet and a historic shed of approximately 185 square feet from 303 E. Main to a vacant lot at
the intersection of S. Fifth Street and West Hopkins Avenue for a 90 day period commencing on
May 2, 1997.
Will applicant be represented by Counsel: YES: NO:X
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 8161 I
Charles Paterson, Chairman
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RESOLUTION NO.~
Series of 1997
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUkBER 97-06
RELATING TO PROPERTY IN THE CITY OF ASPEN LOCATED ON A VACANT LOT
AT THE INTERSECTION OF S. FIFTH STREET AND WEST HOPKINS STREET
WITH A METES AND BOUNDS LEGAL DESCRIPTION, ASPEN, COLORADO.
WHEREAS, Mr. Nicklaus Kuhn has made application, dated April
17, 1997 to the Board of Adjustment for a variance from the
use requirements of Chapter 24 of the Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the
Board of Adjustment on this date 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.
The Board of Adjustment makes the following findings of
fact:
1. A building permit has been (or will be) issued for the
construction activity necessitating the application for
a variance.
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 located in the City Clerks
Office.
3. A variance is the only reasonable method by which to
afford the applicant relief and to deny a variance
would cause the applicant unnecessary hardship or
practical difficulty.
1111111111111111111111111111111I11111111111111111111111
408740 09/23/1997 11,18A RESOLUTI DAVIS SILVI
1 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO
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4. The temporary off-site storage or construction staging
can be undertaken in such a manner so as to minimize
disruption, if any, of normal neighborhood activities
surrounding the subject parcel.
5. The owner of the off-site parcel, subject to the
proposed variance, has provided written authorization
for the off-site relocation.
6. Adequate provision has been made to restore the subject
parcel to its original condition upon expiration of the
variance.
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 24 of the Aspen
Municipal Code:
Approval to temporarily relocate two historic structures to a
vacant lot located at the southern end of S. Fifth Street and W.
Hopkins Street, for a period not to exceed ninety (90) days.
Section 3. Conditions Upon Which Variance is Granted.
The variance granted by Section 2, above, is specifically
conditioned upon and subject to the following conditions:
1.
The variance granted herein shall automatically
expire after twelve (12) months from the date of
approval unless development has been commenced as
evidenced by the issuance of a building permit, or
an extension granted by the Board in which case the
variance shall expire at the end of the extension.
2.
1111111111111111111111111111111111111111111111111111111
408740 09/23/1997 11,18A RESOLUTI DAVIS SILVI
2 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 1st day of May, 1997.
a4~
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.
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(; Deputy City Clerk
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BOARD OF AD.JUSTMENT
MAY 1.1997
MINUTES...........................................................,........................................................................................................,1
CASE # 97-05. 702 WEST MAIN STREET. PEARSON .....................................,........,..........................................1
CASE #97-06 KUHN, 303 WEST MAIN, VACANT LOT AT SOUTH FIFTH & WEST HOPKINS ................2
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BOARD OF AD.mSTMENT
MAY 1, 1997
Rick Head opened the regular meeting at 4:05 p.m. Jim Iglehart, Ron Erickson
and Howard DeLuca and David Schott were present. Charlie Paterson was
excused and Dan Martineau was absent. City Staff present were David Hoefer and
Sara Thomas.
MINUTES
MOTION: Ron Erickson moved to approve the minutes orCase #97-01
and Howard DeLuca second. ALL IN FAVOR, APPROVED 5-0.
MOTION: Ron Erickson moved to approve the minutes or ease #97-02
as amended with approval or 5-0. Jim Iglehart second. ALL IN
FAVOR, APPROVED 5-0.
PUBLIC HEARING:
CASE # 97-05, 702 WEST MAIN STREET, PEARSON
Rick Head, Co-Chair, opened the public hearing. David Hoefer, Assistant City
Attorney, received the legal notice and the Board had jurisdiction to proceed.
Sara Thomas, Staff, explained the variance request was actually for a four and
one-quarter foot (41/.') east side yard variance to allow for construction of a
covered porch. Mark Pearson, applicant, noted they wanted to add the front porch
to also access the kitchen door. Pearson noted the residence was non-conforming
on a non-conforming lot with plans to make this a real home, He supplied photos
of the residencenoting the city ditch that ran on the side of their property about 3-5
feet from the curb. Pearson commented the neighbors welcomed the fact this
would be their home, especially since prior commercial uses were proposed,
Ron Erickson remarked that the last variance on this building was brought in by
Stapleton. Howard DeLuca stated the concern at that time was the view. Pearson
stated the triangle view only involved the 42" picket fence which was allowed.
Amy Amidon, Staff, stated the house was in the historic district but not
necessarily on the list, She noted the City encouraged front porches, especially in
this zone district, Amidon said the reason the variance was allowed when
Stapleton applied, was the house was being moved away from Kraebacher's.
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BOARD OF ADJUSTMENT
MAY 1. 1997
Pearson commented they were happy to make improvements to their home and
were very proud that it was located in the historic overlay.
No public comment.
DeLuca stated the open look on the railing was a good touch, David Schott asked
if the deck upstairs protruded into the setback. Pearson replied that it was not in
the setback but about 211/, feet from the property line and 40 feet from Main
Street. Jim Iglehart said it was great having locals own this property, Erickson
agreed with Iglehart. Head was also in favor of this variance.
MOTION: Ron Erickson moved to approve the request for a 4.25 foot
east side yard setback variance at 702 West Main Street to allow for
construction of a covered front porch, finding that the review standards
have been met including 3 conditions found in CASE #97-05 proposed
motion. Dave Schott second. ALL IN FAVOR, APPROVED 5-0.
PUBLIC HEARING:
CASE #97-06 KUHN, 303 WEST MAIN, VACANT LOT AT SOUTH FIFTH
& WEST HOPKINS
Rick Head opened Case #97-06. David Hoefer, Assistant City Attorney, reviewed
the notice and determined it was legally sufficient for the Board to proceed, Head
said the vacant lot located at the intersection of South Fifth Street and West
Hopkins, where the buildings from 303 East Main Street would be relocated for
approximately 90 days, The relocation was to allow excavation and foundation
work for a commercial/residential project at the Main Street location.
Niklaus Kuhn, applicant, explained the process has been on going for five years.
He said the house had to be relocated for safety reasons and Lyle Reeder has
supplied the vacant lot for a minimal price. Hoefer stated for the record the
maximum period oftime would be 90 days.
Todd Thomas, public, homeowner at Fifth and Main Street, stated there were no
public parks in that part of town and used this field to play with his dog. He
objected to the house being moved to this location for 90 days. Head asked ifhe
had a big yard. Thomas replied that he had no yard, Ron Erickson stated that if
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BOARD OF ADJUSTMENT
MAY 1, 1997
these houses were being moved to public property, Mr. Thomas would have a
point, however this was private property. He said Mr. Thomas should thank Mr.
Reeder for allowing him the use of his property. Mr. Thomas asked where the
house would be located on the lot, Sara Thomas stated the house would encroach
on the rear yard setback and side yard set back. Greg Baker, representative for
adjacent lot owner, stated the owner wanted the house moved by the first of
August. He said she wanted to be a good neighbor,
Erickson asked what happened ifthe house was not moved by August 1st.
DeLuca stated it would be red-tagged, Erickson also asked if a bond was posted.
Sara Thomas stated that a $30,000. bond was posted for the structures and if the
variance was violated the fine could be up to $1,000. a day. Hoefer stated for the
record, pursuant to the statute, the Board of Adjustment may require a financial
security to insure the restoration.
Martha Madsen, public, supported the project. Dan MacGill, public, wrote a letter
against the project,
Lyle Reeder stated the parcel behind this property was owned by Silverculture Inc,
The Board agreed the project should be done.
MOTION: Ron Erickson moved to approve the request to temporarily
relocate two historic structures to a vacant lot located at the southern
intersection of South Fifth Street and West Hopkins, for a period not
exceed ninety (90) days finding that all of the 6 circumstances exist, as
described in the proposed motion. Jim Iglehart second. ALL IN
FAVOR, APPROVED, 5-0.
MOTION: Ron Erickson moved to adjourn at 4:35 p.m. Jim Iglehart
second. ALL IN FAVOR.
ackie Lothian, Deputy City Clerk
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County of Pitkin }
} 55.
State of Colorado }
AFFIDA VIT OF ~OTICE PURSUAt'lT
TO ASPEN LAND USE REGULATION
SECTION 26.52.060 (E)
L . being 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:
L By mailing of notice, a copy of which is anached hereto, by tirst-dass. postage.
prepaid U.S. Mail to all owners of property within three hundred (300) feet
of the subject property, as indicated on the :ut:lChed list, on the lILd:J.y of
. '
Ah?It, 1991(which is Qdays prior to the public hearing date of ~51 /1"7
,., 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 /2? d:J.y of #)(;/ .1997 (Must be posted ror
at least ten (10) full days before the ~earing date). A photograph of the ?osreli
sign is :mached hereto.
(Attach photograph here)
Signature
. -.. - . -
J.
25 d:J.y
.1991by
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MEMORANDVM
TO:
Board of Adjustment
J "Ii, An" W"",", C,mmrmily O"d"pm"" D",my Di"""'C\.t,W,
Sara Thomas, Zoning OffiC@ rv
Temporary storage of two structures on a vacant lot located at the
intersection of S. Fifth Street and West Hopkins
THRU:
FROM:
RE:
DATE:
April 22, 1997
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SVMMARY: The applicant is proposing to relocate and temporarily store two historic
structures on a vacant lot located at the intersection of S. Fifth Street and West Hopkins.
The structures are currently located at 303 East Main Street. The structures need to be
relocated for a period of approximately 90 days to allow for excavation and foundation
work for a commercial/residential project that is occurring at the Main Street location.
The Historic Preservation Commission has approved the temporary relocation of the
structures and has collected a security bond from the applicant to insure the structures
during the moving and storage process.
The vacant lot that the structures will be relocated to is owned by Lyle Reeder. (See
attached letter of agreement from Mr. Reeder.) The property is located in the R -15 zone
district. The adjoining property to the rear is also owned by Mr. Reeder, and is located
in Pitkin County. The adjoining property to the east is a vacant lot as well. The
structures will be within the required 25 foot front yard setback, but will not conform to
the 10 foot rear and side yard setback requirements, due to the triangular narrow shape of
the lot. Mr. Reeder has no objections to the setback encroachments on the rear property
line and staff does not anticipate any objections from the property owner to the east as
that lot is currently vacant.
The applicant is requesting that the structures be allowed to remain on the vacant lot for a
period not to exceed 90 days.
RECOMMENDATION: Staff recommends approval for the temporary relocation of
two historic structures for a period not to exceed 90 days.
RECOMMENDED MOTION: "I move to approve the request to temporarily
relocate two historic structures to a vacant lot located at the southern intersection of
S. Fifth Street and W. Hopkins, for a period not to exceed ninety (90) days."
,
CITY OF ASPEN
BOARD OF ADmSTMENT
DEVELOPMENT APPUCATION
DATE '1- /7 - 19!1.7 CASH
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APPUCANT NJK iMPs k.t/ItN' PHONE 9).5~- '"3/ '12
MAlLlNGADDRESS Pr!). /10>- 90/6 k5fJ~ cO. Z/6/Z-
OWNER NIK.t/r(P)" f C,1l-/27/ZUj/ .kt-'~/IL PHONE 9) ~-- JI'I2
MAlLlNGADDRESS jJ. 0, hO;" gO/6 Jt:5P~ cO. g/~/L
LOCATIONOFPROPERTY 303 E h'A-f,.0 BU: go iOTA- f- W IIkt? Of' Jj
(Streer, Block Number and Lot Number)
WILL YOU BE REPRESE:'ITED BY COUNCIL? YES_ NO~
II. fJ. c.
Below, describe clearly the proposed variance, including all dimensions JIlU justification for the
variance. (Additional paper may be used if necessary.) Tne building pe:1lll1 :J.Ppiic:J.tion :lIld:lIlY
other information you feel is pertinent should accompany this applic:uion. JIlU will be made parr of
this case. .3 03 E. (V] A;~ To BE: fV7 0 VE:O 7V SA 10
IsOl/TIf Cv I '--rc.>R II", '" ANt) SO)
~/!)€" of L u C Art oN Ar>/'lCo x. (MA Tel- Y /VI A Y ~N /"), / <t '7?- Fate.
::;,57'''' '''/ #
MD 4Pf>I?o'<./IV/"1TCLY 90 DAYS
W€"5 T
'.NPKtNS)
Applic:lIlt's Signarure
REASONS FOR DE:>aAL OF BUll..DING PER..'VIIT, BASED ON THE .-\SPEN CITY
CODE. CHAPTER 24. AN' OPINION CONCElt."fING THIS V ARlAL'iCE WILL BE
PRESENTED TO THE BOARD BY THE ZONING DEPARTMEl1iT STAFF.
DATE PER.VIlT DEJ.'ITED
OFFICIAL
DATE OF APPUCATION
HEARING DATE
LOST DIRMOND, LTD.
P. O. DOH 4859
Rspen, Colorado 81612
April 22, 1997
City of Aspen
Board of Adjustments
130 S. Galena Street
Aspen, Colorado 81611
Re: Case #97 -06, Niklaus Kuhn's Request For Variance fo r
Temporary storage of home and shed at Fifth & Hopkins.
Dear Members:
This Company owns the vacant property (identified as Parcel "C" on
the combined Plat) lying adjacent to and south of the proposed property
(Parcel "A") upon which Mr. Kuhn wishes to temporarly store his home and
shed.
This company supports Mr. Kuhn's restoration effo rts and have no
objections to granting a waiver of the set-back requirements for the
temporary relocation and storage of a historic home of approximately
1,000. square feet and a historic shed of approximately 185 square feet
from 303 E. Main Street to the southside of Hopkins Avenue at the end of
Fifth Street, commencing of May 2, 1997 for a period of 90 days,
In addition, Mr. Kuhn has our permission to enchroach upon our
property in order to accommodate the temporary storage of his two
building.
Yours truly,
ejt?~
/riAQ . ~.
YCYle D. Reeder,
President
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LEGAL
DESCRIPTION
: pAACEl. A,
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A tract of lane situated in the Sc~theast Quareer of Sectic~ 12,
Township 10 Souch. Range 85 Wesc ~f the 6th P.H. being a P"~~ of the
City and Townsite of Aspen, 'The ~.w. Caka Marth W..hington: ~de
Mining Claim V.S.H.S. No. 5793 . and The Hary B. No.2 Lode M"ning
Clai... U.S"M.5. No. 19UO, described aa ,followa,
'Beginning at ~rner No.1 of 'the said H.W. Lode whence Corner No.8 of
said ~ownsite of Aspen bears S 6005S'300 E 3,268.56 feet;
',thence N 7603S' B 63.70 feet along line 1-5 of said M,N. Lode, Co the
"TRUE POINT OF BEGINNING; "
thence N' 02026' I 3'2.40 feet to the South line of Hopkins ~reet
whence'tbe point of incersection of the said South line of Hopkins
Street' with line 1-6 of che ~ry B. Lode Mining Claim U,S,H,S. No.
,5792 lunpacencedl bears N 75009'110 II 62.75 feec;
, thence S 75.09'11~ E 150.05 feet along said South line of Hopkins
:Street and its extenaion to tbe Northwesterly Corner of Lot A, Block
')2 of said City and Townsite of Aspenl '
thence, Squtherly along the ~.sterly line of ssid Lot A, 66.77 feet Co
,line"3-4' of sal4 II.W, Lode I
.thence . 5S.U"J n.U f.et along said line 3-4 to Corner 4 of said
:M.lI; 'Lode;' "
thence'S'02026' II 155.9 feet to Ccrner 5 of said H,W. Lode;
.thence S 76.38' W 196.05 feet along line 5-1 of aaid H,N. Lode to che
TRU! POINT OF S=:GINNING.
----
MAR
".
"
l'ARCEl. B:
F'.'
TIlE SOOTHElU..Y 20 P-ET OF LOTS A, B, C, BIoOCK 32. CIn AND TOWNSITE: CF
" ASPEN.
EXCEPT tho~e tracts of lL~d lying within the above Parcels A &
conveyed by Sta~for~ H. Johnson to Lost Diamond, Inc., by Deed
recorded November 17, 1986 in Book 522 ac Page 836 and Hay 25,
in Iook.S64 at Page 863.,
PARCEL C:
a .
1988
----
A tract o! land 8ituat~c in the Soucheast Quarter of Seceion 12,
Township 10 Souch. Range 85 Weat of the 6th P.H., Pitkin County,
'Colorado, the H.W. laka Martha Washington) Lode Hining Claim'U,S-M,S,
No, 57'3 described as follows:
---
--
+.,-=-'"--- .--;-,.,--
Beginning st Corner No--2 of said M.W, Lode Mining Claim
No.8 ot Townsi~e o~ Aspen, Colorado bears S 60.58'30. E
thencs N 76.38' E 63.70 feet along line 1-5 of said H,W.
Claim to the TRUE POINT OF BEGINNING;
the~ce N 02026' E 321." feee to Line 7-8 of the Townsite of Asoen;
thence S 55016' Eaat along said line 7-8 to the Townsi~e ot Aspen
223.15 feec;
'thence S 02-261 W 155.90 feet;
thence S 760l8' W 1".05 feet to the TRUE POINT OF BEGINNING.
whence Corner
3268,56 feec;
Lode Hinini
----
PARCEL D:
A parcel of land being psrt of Loc 17. situaced in Seetion 12,
Township 10 South. Range SS We.c of the 6th P.M., lyini Soucherly of
, the Aspen Cicy Soucherly boundary, and Northwsaterly of Line 2-3 of
"" SUrvey No. 5793. which i. further de.cribed .s.
Beginning st the inceraection of .aid Aspen.boundary and ~ine 2-3,
aloa being che Northaaat Corner of said Lot 17;
tbencs S 7'03"000 W 14.SS feet .long said Line 2-3 to the Souchesst
Corner of Lot 17;
thence N SS.20'240W 4.74 feet along said Lot 17 Southerly boundary;
thence N 02.26'000 E13,08 feet to a point on said Aspen boundary;
thence S 55.17'06" E 21.64 feet along said Aspen boundary to the
Northeast earner of said Lot 17, che point of beginning,
--
15' T
R,
--,
PARCEL E:
LOT 18 AND M.S. 7329, ~ECTION 12. TOWNSHIP 10 SOUTH. RANGE 85 h~ST OF
TIlE 6T11 P.M.
COtJN'I"Y OF PITKIN, STA""<; OF COIoORADO.
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SITE PLAN - RY ARCHITECT
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RESOLUTION NO.~
Series of 1997
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97-06
RELATING TO PROPERTY IN THE CITY OF ASPEN LOCATED ON A VACANT LOT
AT THE INTERSECTION OF S. FIFTH STREET AND WEST HOPKINS STREET
WITH A METES AND BOUNDS LEGAL DESCRIPTION, ASPEN, COLORADO.
WHEREAS, Mr. Nicklaus Kuhn has made application, dated April
17, 1997 to the Board of Adjustment for a variance from the
use requirements of Chapter 24 of the Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the
Board of Adjustment on this date 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.
The Board of Adjustment makes the following findings of
fact:
1. A building permit has been (or will be) issued for the
construction activity necessitating the application for
a variance.
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 located in the City Clerks
Office.
3 . A variance is the only reasonable method by which to
afford the applicant relief and to deny a variance
would cause the applicant unnecessary hardship or
practical difficulty.
1111111111111111111111111111111111111111111111111111111
408740 09/23/1997 11,18A RESOLUTI DAVIS SILVI
1 0' 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO
4. The temporary off-site storage or construction staging
can be undertaken in such a manner so as to minimize
disruption, if any. of normal neighborhood activities
surroun~ing the subject parcel.
5. The owner of the off-site parcel, subject to the
proposed variance, has provided written authorization
for the off-site relocation.
6. Adequate provision has been made to restore the subject
parcel to its original condition upon expiration of the
variance.
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 24 of the Aspen
Municipal Code:
Approval to temporarily relocate two historic structures to a
vacant lot located at the southern end of S. Fifth Street and W.
Hopkins Street, for a period not to exceed ninety (90) days.
Section 3. Conditions Upon Which Variance is Granted.
The variance granted by Section 2, above, is specifically
conditioned upon and subject to the following conditions:
1.
The variance granted herein shall automatically
expire after twelve (12) months from the date of
approval unless development has been commenced as
evidenced by the issuance of a building permit, or
an extension granted by the Board in which case the
variance shall expire at the end of the extension.
2.
1111111111111111111111111111111111111111111111111111111
408740 09/23/1997 11,18A RESOLUTI DAVIS SILVI
2 of 3 R 18.00 D 0.00 N 0.00 PITKINCO COLORADO
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 1st day of May, 1997.
a4~
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.
form. doc
.1
~~tl:V~
(; Deputy City Clerk
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Ut~!'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIII)~11 ',< ?! b~; 1
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. . .uu PITKINCO COLORADO .- 'l -,,."',..... r,
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CASE #97-06
VACANT LOT AT SOUTH FIFTH AND WEST HOPKINS STREET
PROPOSED MOTION FOR APPROVAL:
I move to approve the request to temporarily relocate two historic
structures to a vacant lot located at the southern intersection of
South Fifth Street and West Hopkins for a period not to exceed ninety
(90) days finding that all of the following circumstances exist:
1. A building permit has been (or will be) issued for the construction
activity necessitating the application for a variance.
2. Notice of the proposed variance has been provided to surrounding
property owners in accordance with Section 26.52.060(E)( 4)(b) of
the Aspen Land Use Regulations.
3. A variance is the only reasonable method by which to afford the
applicant relief and to deny a variance would cause the applicant
unnecessary hardship or practical difficulty,
4. The temporary off-site storage or construction staging can be
undertaken in such a manner so as to minimize disruption, if any,
of normal neighborhood activities surrounding the subject parceL
5, The owner of the off-site parcel, subject to the proposed variance,
has provided written authorization for the off-site relocation,
6. Adequate provision has been made to restore the subject parcel to
its original condition upon expiration of the variance.
AL TERNA TIVE MOTION FOR DENIAL:
I move to deny the request to temporarily relocate two historic structures
to a vacant lot located at the sourthern intersection of South Fifth Street and
West Hopkins for a period not to exceed ninty days for for the reason that
the following review criteria have not been met:
Cite the criteria listed above that have not been met giving specific
reasons therefor:
1//1
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Ij~b~~l;r PrSfCN err,! CL6f'..jC
;, i ONE l-ir.(tVt7I2~() FiVE fj-NO ;VO
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~: 4 I I_ Colorado National Bank Aspe".
~ 420 East Main Str8et
h Aspen,C081611
f",,'" ~ FastWne ,4.Hour Banking 1_8001888_8624
NIKLAUS G. KUHN 5-79
GERTRUDE E. KUHN
p, Q. BOX 8016
ASPEN, CO 81611
~2"-4
1021 :J
2658
19 9"1-
I $ /OS".OcJ
_DOLLARS
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"'j I: 1.0 21.0 I.bl. 51: I. 251.1.0 2D I.bbl.U" 2b 58
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MEMO
"-.'os!f:t'-df.::',-";;
NAME OF WITNESS:
~ --r~-:::::. Staff Person
AI I cK LAus KU#-kl
~ ]) i> THo1l1~ Bn+- -+ m A/fJ 6,
t.- 'I kE ~-l=.eL:>'ER
Grf<:E:GG ~~
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AMY AMI[X)N ,
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WITNESS LIST*
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AGENDA ITEM:
303B\s, M.At,J
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\....-. * Includes staff persons, but excludes staff attorney and board members.
( ,
,
LEGAL
DESCRIPTION
: J>AACEL A:
----
---..
A tract of land situated in the Southeast Quarter of Sectic~ 12.
Township 10 South, Range 85 West of the 6th P,H. being a pa't of the
~ City and Townsite of Aspen. 'The M.W. (aka Harth Washington) Lode
'Mining Claim O.S.M.S. No., 57i3 and The Mary B. No. 2 Lode M>ning
Clai.,\J,S.M.~. No" U6.0. described as ,followa:
o Beginning at ~rner No. 1 of ' the eaid H.W. Lode whence Corner No, 8 of
aaid Townait. Of Aspen bears S 60"SS'30" E 3,268.S6 feet;
::thenc,e If ""38' B' 63,70 feet alOllg line l-S of said M.II. Lode, to the
0" TRUE PQINT OF BEGINNIlVG: "
, thence N 02.26' 13'2.'0 feet to the,South line 'of Hopkins Street
whence'the point of intersection of the said South liDe of Hopkins
; $treet' with line 1-6 of the "'ry B.Lode Mining Clai1ll U.S,M.$, No.
.5"2 (Unpatented" baal'S If 7S00"11" II 62.75 feet;
; t~nce S 75009'11- E 150.05 feet along seid South line of Hopkins
'Stra.t and its extension to tbe "orthvesterly Corner of Lot A, Block
,'12' of u1d Cltr end Townsite of Aspen; ,
thence;SQuther y along the _esterly line of said Lot A. 6'.77 feet to
,1ine".3.~'of ..14 M.ll. Lode, ,
tb4mc:e . .5S.;."'I: n.6.f..t: alq.ai~ line l-' to Corner. of ..id
:'M.ll,"Lodel' ' '. ", ,. , ,
thenee'S,02026i II 155.9 feet to Corner 5 of aaid M,W, Lode:
'theinee S "038' II U6.05 feet along line 5-1 of aaid M.W. Lode to the MAR ~
'11lUB POINT OF B:::GINNING.
"', ,
~, ,
'ARCEL 8:
f" ,
: TllESQDTllElU,Y 20 FEET OF' LOTS A. B, C, BLOCIt 32, CITY AND TOWNSITE CF
'ASPER~
'EXCEPT those tracts of lL~d lying within the above Parcels A &
conveyed by Stanfo~d H, Johnson to Lost Piamond. Inc., by Peed
'recorded Novembe~ 17, 1986 iDBook 522 at Page 836 and May 2S,
'in 1ook'5".~t Page 863.,
PARCEL C:
II ,
1988
---
A tract of land situat~d in the Southeast Oual'ter of Section 12,
,Township 10 South, Range 85 Weat of the 6th P.M., Pitkin County.
'Colorado, the M,W. laka Martha Waahington' Lode Mining Claim'U.S_M.S,
No. S'93 described,a. follows:
----
--
--.,--,;- -, - '-,..--
'Beginning at Corner No--2 of said'M,W. Lode Mining Claim whence Corner
NO.8 of Townsite of Aspen, Colorado bears S 60058'30' E 3268,56 feet:
thence N '6038' ~ 63.70 feet along line 1-5 of .aid M.W. Lode Mining
Claim to the TRUE POINT OF BEGINNING;
thence N0202S' E 321,'7 feet to Line 7-8 of the Townsite of Asoen:
,thence S 55'16' East along said line 7-8 to the Townsite of Aspen
223,15 feet;
. thence S 02"26' W 155.90 feet;
thence S 76"18' W 1'6.05 feet to tbe TRUE POINT OF BEGINNING,
----
,PARCEL P:
A pareel of land being part of Lot 17, situated in Section 12,
Township 10 South, Range 8S Weat of tha 6th P.M., lying Southerly of
the Aspen City Southerly boundary, and Rorthweatarly of Line 2-J of
: MW SUrvey No. 5'93, which is further described ...
, Beginning at the interaection of said Aspen boundary and ~ine 2-J,
alos being the Northaaat Corner of .aid Lot 1';
'thenca S 760JI'OO" W 1'.85 f.et along aaid Line 2-3 to the Southeast
Corner of Lot 17:
thence" 55'20'2" W ',74 feet along said Lot 17 Southerly boundary;
thence" 02026'00' ~ 13,08 feet to a point on said Aspen boundary;
thence S 55'1"06' E 21.64 feet along said Aspen boundary to the
Northeast corner of said Lot 17, the point of beginning.
--
15' TRA
--
PARCEL E:
LOT 18 AND M,S. 7329, ~ZCTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF
TIlE 6TH P.H.
.
COUNTY OF PITKIN. STA"'<; OF' COLORADO,
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