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Home My WebLink Aboutlanduse case.boa.702 wmain.pearson.005-97 ,.,-- ,.~ NOTICE OF PUBLIC HEARING CASE #97-05 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRlBED 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 ofthe 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: Mark Pearson Mark Pearson Location or description of property: 702 West Main Street, Aspen, Colorado 81611, and is described as the east 10 feet of Lot R and all of Lot S Block 18, City of Aspen. Variances Requested: A four and one-quarter foot east side yard variance to allow for construction of a covered porch. 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 RESOLUTION NO. 01i Series of 1997 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97-05 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 702 WEST MAIN STREET, ASPEN,COLORADO. WHEREAS, Mr. Mark Pearson has made application, dated April 17, 1997 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 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 development application for a variance was initiated by Mr. Mark Pearson on April 17, 1997 for property with a street address of 702 West Main Street and a legal description of the east 10 feet of Lot R and all of Lot S Block 18, City of Aspen. 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 at the City Clerks Office. 1111111111111111111111111111111111I11111111111111111111 408739 09/23/1997 11,18A RESOLUTI DAVIS SILVI 1 of 4 R 21.00 D 0.00 N 0.00 PITKINCO COLORADO "" ",.1 .___ . 3. The grant of variance will be gener~lly consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and Chapter 24 of the Aspen Municipal Code. Specifically the applicants request is consistent with the Residential Design Standard requiring covered front porches of a minimum of fifty square feet. 4. The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. Specifically, the applicant's request appears to be the minimum variance possible so that the front porch will align with the existing non- conforming structure. The addition will expand but not make worse the existing non-conformity. 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. Specifically, the parcel and the structure are unique in that they are both non-conforming. Any additions or alterations on the property are severely limited by the narrow width of the parcel, combined with the non- conforming location of the existing structure. Therefore, granting the side yard setback variance will not confer any special privileges upon the applicant. 11111111111111111111I1111111111111I11111111111111111111 408739 09/23/1997 11,18A RESOLUTI DAVIS SILVI 2 of 4 R 21.00 D 0.00 N 0.00 PITKINCO COLORADO 2. 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: A 4.25 foot east sideyard setback to allow for construction of a covered front porch. 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. Unless vested as part of a development plan pursuant to Section 24-6-207 of the Aspen Municipal Code, 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. Applicant shall, prior to filing an application for abuilding permit, cause to be recorded with the Clerk and Recorder's Office of Pitkin County a copy of this resolution. of the INTRODUCED, READ AND ADOPTED by the Board of Adjustment City of Aspen on the 1st day ~ l~ Chairperson .1 1111111111111111111111111111111111I11111111111111111111 408739 09/23/1997 11,18A RESOLUTI DAVIS SILVI 3 of 4 R 21.00 D 0.00 N 0.00 PITKINCO COLORADO I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. .~~ Deputy City Clerk form. doc .i 111111111111111111111111111111111111111111111111111111I 408739 09/23/1997 11,18A RESOLUTI DAVIS SILVI 4 of 4 R 21.00 D 0.00 N 0.~0,.~IT~I~~~ ,~o~~ 1 ~ t i""\... t,__., '.." . .".' ......(" ~ .. ,'"' '-, ',".' 0,' ", ' " '. -' ," '''l ,. ;r 1 ~~t . i, oj!.& ,', ,: I i (- ~ () ~~..} .1' . V: .J .-; <...;' (i".:;.. .....-.., BOARD OF ADJUSTMENT 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 4 .. ' ....-...... i, BOARD OF ADJUSTMENT MAY I, 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 of Case #97-01 and Howard DeLuca second. ALL IN FAVOR, APPROVED 5-0. MOTION: Ron Erickson moved to approve the minutes of Case #97-02 as amended with approval of 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 (4'/4') 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 oftheir 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. 1 ,,,." '~ . , BOARD OF AD.JUSTMENT MAY I, 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 21'/2 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 of time would be 90 days. Todd Thomas, public, homeowner at Fifth and Main Street, stated there were no public parks in that part oftown 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 2 ,-..., -, "" 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 if the house was not moved by August 1 st. 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 FA YOR, APPROVED, 5-0. MOTION: Ron Erickson moved to adjourn at 4:35 p.m. Jim Iglehart second. ALL IN FA YOR. ackie Lothian, Deputy City Clerk 3 \' ,..., '- ..,..__I,m . , ""' County of Pitkin } AFFIDAVIT OF :'-IOTICE PURSUANT _. } 55. TO ASPEt"l LAND USE REGULATION State of Colorado } SECIlON 26.32.060 (E) I. M. ~tJ9 ()/r..... . being or representing an Applicant to the dty of Aspen. personally certify thaI 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: I. By mailing of notice, a copy of which is anached hereto, by first-class, postage prepaid U.S. Mail to all owners of property within three hundred (300) feet 0"" wbj,ct pro""", M milioood '" ., -- t;" '" ., Jf.'7ty IFf ~ 199!7(whiCh is jJd;s prior co [he public he:uing date of ). ,., By posting a sign in a conspicuous place on the subject property (as it couid be =, from me ~~, P"b;~"Y) ~d "" 171 ..'" WM """" ~d ,.Ibl, continuously from the day of 199!? (Must be posted for at least ten (10) full days before the he:uing ate). 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C iD z C 3 0- CD ~ o ~ ~ ~ Z .. 3 CD o ~ ~ CD ~ Z .. 3 .. N ,.. Q. Q. ;; .. .. o ~ tJl ~ " .. N .;; J?" NOTICE OF PUBLIC HEARING CASE #97-05 _>0, 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: May 1, 1997 Council Chambers Meeting Room Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: Mark Pearson Mark Pearson Location or description of property: 702 West Main Street, Aspen, Colorado 81611, and is described as the east 10 feet of Lot R and all of Lot S Block 18, City of Aspen. Variances Requested: A four and one-quarter foot east side yard variance to allow for construction of a covered porch. 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 1-"---.. ..'" ~ c NOTICE OP PUBLIC HEARING CASE #93-12 STAPE LIMITED LIABILITY COMPANY BEPORE THE CITY OP ASPEN BOARD OP 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 SECOND FLOOR 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 24, 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 Meetina: Date: Time: AUGUST 19, 1993 4:00 p.m. Owner for Variance: Annellant for Variance: Name: STAPE LIMITED LIABILITY COMPANY JOE WELLS Address: 533 E. HOPKINS Location or descriDtion of nroDertv: EAST 10 I OF LOT R AND LOT S, BLOCK 18 Variance Reauested: SUBJECT PROPERTY DOES NOT MEET MINIMUM SIZE REQUIREMENTS PER SECTION 24-5-213 D. OP THE ASPEN HtJNICIPAL CODE. THE APPLICANT IS REQUESTING A VARIANCE OP 2,000 SQUARE PEET PROM MINIMUM 6,000 SQUARE PEET REQUIRED. will annlicant ~e renresented ~v counsel: Yes: X No: The city of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy city Clerk ~, t: i~ . ',' --I ,'..... .~ .-~ _..' .-".' - . .-. ~. ".',r CITY OF ASPEN BOARD OF ADJUSTMENT AUGUST 19. 1993. 4:00 P.M. SECOND FLOOR MEETING ROOM ASPEN CITY HALL AGENDA I. CALL TO ORDER ROLL CALL II. CASE 193-12 STAPE LIMITED LIABILITY COMPANY III. ADJOURN ---- ....,I ~ /~'"' r tl4.h ~ r ~#-- ~ l < 4<:J ( # f ~ , "I ,,' ~r:J RECORD OF PROCEEDINGS BOARD OF ADJUSTMENT SEPTEMBER 9, 1993 Chairman Remo Lavagnino called meeting to order at 4,00 P.M. Answering roll call were Remo Lavagnino, Rick Head, Howard DeLuca, Bill Martin and Ron Erickson. Charlie Paterson was excused. CASE #93-12 STAPE LIMITED LIABILITY COMPANY REHEARING Joe Wells, representative for applicant, Presented the affidavit of posting of the property. (attached in record) What we did was--Joe Krabacher's address on the list was incorrect and we changed the address and re-noticed. I hand delivered the notice to his house just to be sure that they received notice and mailed out notices to all the others on the list. Kaufman, There was a question as to notice last time. I believe the City Attorney's position was that sufficient notice had been given. They appeared here. And so I think there is a feeling that notice was sufficient. However because we had to come back anyway we chose to re-notice and to correct the error of the problem with the address. His address on the tax records is incorrect and so he didn't get the notice. John Worcester, City Attorney, It is my understanding Mr. Krabacher had actual notice of the hearing as he was present when Mr. Wells was taking a picture of the posted notice. And I think Mr. Wells will indicate that for the record so the record will effect that Mr. Krabacher, although he didn't receive a mailed notice for the first meeting, had actual notice of it. Wells: On the day of the hearing when we appeared before you last I went over to photograph the sign that had been posted. Joe and I had a brief conversation at the time. I considered it to be just a joking conversation about the development proposal. So I was comfortable that he was aware that the development application was being filed. Kaufman: A recommendation needs to be forwarded to the Board of Adjustment from HPC. And that was not written the last time as we have not yet received our approval or conceptual approval without a recommendation. Today we are here to rectify that. Kim will present that to you. Amy Amidon, City Historical Preservationist, This is a draft. It was typed rather quickly. It has not been approved. Remo, It is called a non-contribution structure? Amy, It is considered a non-contributing structure in the Main Street Historic District. ,,"_"" I ,"...._,_'"._.' " ... .. 367932 8-744 P-624 03/16/94 11:06A PG 1 OF 5 SILVIA DAVIS PITKIN COUNTY CLERK ~ RECORDER ORDINANCE 3 (SERIES OF 1994) REC 25.00 DOC r AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO GRANTING A GMQS EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND VESTED RIGHTS STATUS FOR THE STAPLETON OFFICE BUILDING, 702 WEST MAIN STREET, EAST 10 FEET OF LOTS R AND ALL OF LOT S, BLOCK 18 ASPEN TOWNSITE, ASPEN COLORADO. ~O'I WHEREAS, the applicant, Stape Limited Liability Company, has proposed to develop an office building located at 702 West Main Street; and WHEREAS, the applicant has requested a Growth Management allocation for the 1993 commericaljoffice quota; and WHEREAS, the applicant proposes to develop two on-site affordable dwelling units to mitigate employee generation impacts; and WHEREAS, pursuant to Sections 24-8-104.C.l.c. and 24-8-l09.J. of the Aspen Municipal Code, City Council shall approve the method by which an applicant proposes to provide affordable housing upon recommendation by the Planning and Zoning commission (herein "Commission"); and WHEREAS, on December 21, 1993, the Commission reviewed the affordable housing proposal and recommended that the applicant increase the size of the three-bedroom unit; and WHEREAS, the applicant committed to increase the size of the three-bedroom unit to 1,200 square feet of net liveable space to meet the Housing Office guidelines for a three-bedroom, category 3 dwelling unit; and WHEREAS, the Commission recommends to Council approval of the on-site affordable housing with conditions; and WHEREAS, the applicant also requests vested rights status for ---~..I .. , , '.. 367932 B-744 P-626 03/16/94 11:06A PG 3 OF 5 Section 2: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant vested rights for 702 West Main, East 10 feet of Lot R and all of Lot S, Block 18, Aspen Townsite .' as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. section 3: The City Clerk shall cause notice of this Ordinance to be published in a'newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, ____"_ - _, 1_,...." ",__"" ,,, . ltl\tM:~ s, " ..... ;> t; ......... ~";SEAl; ~ . _._ a- a ~ - '.. .- ~ '.~ .... .... .......~- ..' .,,' '" . ('Iil.......,f:> l' .~...J. OR" \\\'\\ ~~... P .,1' ,..., _..~IN.mltli "1*' .' passed =d a:~ this eM' day of B..__.,;:t;/- Joh Bennett, Mayor ~FINALLY, adopted, <./~(f 1994. 367932 B-744 P-628 03/16/94 11: 06A PG 5 OF 5 5 "".1 .' RECORD OF PROCEEDINGS BOARD OF ADJUSTMENT AUGUST 7, 1995 Chairman Remo Lavagnino called the meeting to order at 2,30 p.m. Present at the meeting were, Remo Lavagnino, Rick Head, Paterson, Ron Erickson, Jim Iglehart, and Howard DeLuca. was David Schott. Charlie Excused CASE #95-8 STAPE LIMITED LIABILITY CO. (TABLED FROM AUGUST 3, 1995) Lavagnino stated, this is a tabled case, #95-8, Stape Limited Lia~ility Company, David Stapleton. We reviewed this on Thursday (August 3, 1995) and we had some questions as to the meaning for gra~ting you the variance based on something that HPC said they wanted you to do, but we were unaware of the specifics of the nat'.lre of that request. So, we have got Amy (Amidon) here now, and I think the Board would like to ask her some questions. Lavagnino continued stating, right off the bat, as I looked at the pla~s last Thursday, in the existing house itself, on the Krabacher property, they were 10 ft. away from their side yard setback. Since we are moving the Stapleton house into the setbacks on the corner street 1 ft. 4 in., and the need for that that was discussed, was to open up the area between the two parcels so that people coming down Main Street might have a better view of the historical house. Our concern was, since we are not dealing with the Krabacher house, can we be assured that at some time that that house isn't going to move over to their setbacks, their legal setbacks. Why should we give 1 ft. 4 in. if they are going to move a house closer than what it is now, or what exists now, which is 10 ft. and they can go another 5 ft? Amy Amidon, representing staff stated, well, I don't know if this was discussed at your last meeting, but this project came to HPC in 1993, I guess, and they reviewed it, and this building next door, the Krabacher house, is an historic landmark. The Preservation Commission, as one of their conditions of approval, asked the applicants to come to the Board of Adjustment and be able to move this house a little bit further, feeling that this area can handle it; it is a corner, and there's a larger right -of -way (showing on drawings). The reasoning was because this is a much smaller structure and this one is going to block most of the light and visual access to this. So, that was their condition of approval and that is why they are here. Subsequent to this approval, Joe Krabacher decided to redevelop his property because he felt this had negatively impacted the use of his site. So, they do have approval to move the historic structure, which is only this ._, _"I ~_,_ ,~~_ , , . p BOARD OF ADJUSTMENT AUGUST 7. 1995 Lavagnino stated, well, the safety factor has always been taken into account because of the setbacks; there should always be a minimum of 10 ft. The other safety factor is making sure that when people drive their cars up to Main Street that they can look around the corner. Now, you are moving a little closer to their view, and the only "saving grace" was your design of an open collage, as I remember, there, being a porch so that people can sort of look that way, and also, it is a right hand turn, so the traffic would actually be coming from the other way. If they cross the street they would be so far up ahead to the stop point. Stapleton stated, the visual affect would be more through the building, in between the two buildings, probably not any more than there is right now, but if he brings his thing right over to this, I would clearly like to.be over a little bit further, and he would have the right to do that. I would just like to be a little bit further away from him from a construction standpoint, as well. He is in excess of egress, because we have all kinds of people liv~ng in the basement in employee housing. Head asked, Amy, are we to assume that you are officially giving a recommendation from HPC to us that this what your pleasure would be? Amidon answered, yes, that was.their condition of approval. Head stated, well, that's pretty much what we wanted to hear. Erickson asked, what happens if we turn down the variance, what happens, do they still get approval? Amidon answered, yes. Lavagnino asked, what is the basis that you can apply to us according to our guidelines, and it is really hard to talk about practical difficulties and hardships, when we are really talking about some historic benefit to the City, and showcasing a piece of their historic property that might benefit us all. But, we have such limited guidelines in this affect, it is going to be tough to grant the variance on the basis that it is going to increase somebody else's viewplane. Can you give us an excuse? Amidon stated, well, let me think about it. I mean, the crux of the issue really is that we are trying to allow one story, a very small, historic structure to be as visible as possible. That's really the reason. Lavagnino stated, we understand, but if someone outside the City came to us and said that, we wouldn't have any problem not granting that variance, because it would be to their own benefit. The only thing I can think of is then, this is for the benefit of the citizenry, rather than individual, and somehow the public is served. That's the closest thing I can think of. 3 _" L ,"""" .. BOARD OF ADJUSTMENT AUGUST 7, 1995 we are mitigating any safeby factor on the street side because of the porch in front. Have you taken that into consideration? Erickson stated, however, it is like people who can only build 6 ft. fences can have 12 ft. hedges. I don't know in the future, we don't have any condition on that, to prevent the closing off of that porch in the future. Lavagnino stated, Bill, what if they put a big Blue Spruce in front? Drueding stated, the code was re-written a few months ago that says, 42 inches on the corner, that includes foliage. DeLuca stated, plus the fact, the deck of the porch is undoubtedly less than 42 inches. So, the theory is that you put a fence there, 42 inches around this corner, and it really wouldn't matter how high that was, as long as it wasn't above it. Fallin stated, it would be against the reason we built that deck on there in the first place, for a visual thing, I mean, it would be ridiculous to plant 6 ft. trees around there and block the whole building off. Lavagnino stated, we will dispense with the minutes until the next meeting. Meeting was adjourned at 2,40 p.m. Respectfully submitted, s~a~io,~~ty Clerk 5 ,..,---1.--"--,--- "", '" RECORD OF PROCEEDINGS BOARD OF ADJUSTMENT AUGUST 3, 1995 Chairman Remo Lavagnino called the meeting to order at 4,00 p.m. He requested roll call. / Present at the meeting were, Remo Lavagnino, Rick Head, ,on Erickson, Jim Iglehart, and Howard DeLuca. Excused were: Chailie Paterson and David Schott. CASE #95-8 STAPE LIMITED LIABILITY CO., DAVID STAPLETON Lavagnino stated, it is requested, the property is located in the "0" Office Zoning Category. Corner lot rule requires that the side yard on the corner be reduced by 1/3 of the front yard required. Sec. 3-101 Yard (c) Aspen Land Use Code front yard required setback is 10 ft., therefore, the yard required on the side is 6' 8" . Applicant appears to be requesting a 1'4" setback variance for the side yard bordering a street. Lavagnino stated to the applicant, please identify yourself for the record, and do you have an Affidavit of Posting? (The Affidavit of Posting is attached in record.) Don Stapleton, the applicant, stated, David is not here, but I'm part of the family. Dick Fallin, of Baker Fallin Associates, introduced himself. Lavagnino stated, would you like to expand on why you want this variance? Stapleton stated, when we were going through HPC, after several meetings, it was discussed at one particular meeting, the Krabacher house, next door to us on. the west side, is a small miner's cottage, and during the conversations at a couple of those meetings we talked about, maybe, if we could move our house east a little bit it would open the corridor up between our house and Krabacher's cottage. Lavagnino stated, they meet setback requirements between the two of you, as they exist right now? Stapleton answered, that is correct. Lavagnino asked, why do you want to spreci. it out a little bit further, for what reasons? Stapleton replied, just to make the alleyway between our house and Krabacher's house a little bit more space so that it would give a bigger viewplane through there. --1--,-- BOARD OF ADJUSTMENT AUGUST 3, 1995 Fallin stated, the west setback, which is the common property line between Krabacher and Stapleton, is a 5 foot required setback. The easterly side, since it is a corner lot, you can pick which one is front; Main Street is front or he can reduce the side yard which is a 10 foot requirement, 1/3 down to 6'8. So, that's an existing required side yard setback on that street. So, what you may want us to do is move the building over to the east, 1 foot, 4, so the west setback now becomes 6 foot, 4, and the easterly becomes 6 foot, 8, minus 1 foot, 4, that's 5 foot, 4, I guess. That's not for the entire building, as you can see on the plan, the rear half of the building, I think, does not encroach, just the front half of the building does, on that side yard. Drueding asked, what would the westerly setback be, again? It was answered, 6 foot, 4. Lavagnino asked, show me on about. Fallin showed the discussion at random. this plan here what you are talking Board on the plan and there was Head asked, Dick, has this plan changed at all from the last time we granted the variance? Fallin stated, I think there was a conceptual on that in 1993; there have been some minor changes through the design process. Drueding stated, on the paper I gave Remo that says there is a continuation of that hearing because Krabacher had not been properly noticed. The minutes from that original meeting are not available. It states in the paper that they know that they have to come back for the side yard setback. Lavagnino asked, were the minor changes on the exterior, or did you expand the envelope? Fallin stated, it was mainly windows, the roof lines, gables, that type of thing. Iglehart asked, this whole thing was written by HPC to move it 16", for the purpose of being able to get a better view? Fallin replied, they want to maximize the impact to Krabacher's building which is an historic structure. Iglehart stated, you "guys" don't necessarily need this to happen or want this to happen. 3 -1,- , , BOARD OF ADJUSTMENT AUGUST 3. 1995 Erickson asked, it was a request? Fallin stated, yes. stated, a wish, a hope, a desire? Erickson Erickson asked, do you have a picture of the building? Fallin showed Erickson the drawing and there was discussion at random between the Board regarding the porch and where it could encroach and where it could not encroach. Lavagnino stated, my concern is, that we just don't know what is going to happen to the Krabacher property. Erickson stated, I don't think it is our concern. Lavagnino stated, it would be if they moved it, for instance, 5 feet off to the setback. The reason we are giving it to them, is that they wanted that open space. DeLuca stated, our concern has to be whether this is going to obstruct the vision at the corner of people looking up the street. Lavagnino stated, I don't have any problem with this from a safety standpoint, which is why it is written in the ordinance that it should be 6 feet, 8 inches for a corner lot. I don't see a problem there. What I have difficulty with is why are we granting this variance? Head stated, in the past we have weighed heavily on the recommendations of HPC. Lavagnino stated, that's right, and the recommendation is that they want this space. How far away is the side yard from within the Krabacher property? It was answered, 10 feet. Lavagnino stated, my concern is the size. Lavagnino stated, we are giving them a side yard, we're pushing the side yard away, not the front. So, my concern is that the existing structure or any addition would go to that 5 foot setback, and I would think that HPC would have enough control to say, no, we don't want you to go there. Can they do that? Drueding stated, they can do that, but they are not inclined. I don't think they've ever restricted someone's setback. Lavagnino stated, well, I guess I want to know the intent of why we are granting the variance, here. That's the problem that we are having. Maybe, if we grant this variance, put in the form of a resolution. Lavagnino closed the public portion of the meeting. 5 ,- , BOARD OF ADJUSTMENT AUGUST 3, 1995 significant building. We can't, can we? So, they have the power to do with whatever they want with an historical structure, I just want to let them deal with it, and if they need our help they can come back in front of us. Erickson continued stating, I am really opposed to any type of conditional variance, after what happened two weeks ago, a month ago, the Gary Moore thing. I thought it was a conditional variance and nobody understood it, we had to have another meeting on it. Lavagnino stated, understanding is one thing, but being specific about something that we know, is another. Drueding stated, resolutions will solve that. Head stated, I am prepared to grant this variance subject to two things. They don't get to build on the west side up to the setback and two, provide us with a letter from HPC confirming those discussions and what they're recommending. DeLuca stated, I just wish HPC wouldn't do this to us all the time. I have to agree with Ron, there's no practical difficulty, there's no hardship, however, looking at the situation like this, even if the next door neighbor or whoever it may be in the future, decides to build to the setback; if we move that building over that much, it is going to give us that much more space in between, even if they do build over the setback. If we don't allow them to move the building over, then, all of a sudden it going to look like this, and the problem with setbacks on this street is that 10 feet between two buildings is ridiculous. The thing of HPC wanting a better view of the historic structure is probably true, I don't think 16 inches is going to give them a whole lot. I'm not afraid of them building up to the front setback line because that's not goir_g to make a difference in anybody' s view from the street turning the corner, the rear isn't going to make a difference, the side is going to make a difference as to how much distance we have in between the two buildings. We don't have any control as to what they' are going to do with the next door neighbor's house, unfortunately. If we did, we could say, O.K., you keep'your structure 1 foot 4 on this side, and you keep your 1 foot 4 that side, then, we have the lesser of two evils. DeLuca stated, another thing that concerns me, we're talking about a section that's probably 25 or 30 feet long of actual office space or living space or whatever you want to call it. The problem is if we don't move the building oVer they are obviously going to build right on the setback line, because they have no other alternative. Drueding stated, the hardship is HPC. 7 "" . BOARD OF ADJUSTMENT AUGUST 3, 1995 Meeting was adjourned. Respectfully submitted, 6hDx.aYl '-1'Y) . CJ:1>u-t.u1 0 Sharon M. Carrillo, Deputy City Clerk 10 ,..... I \ 60A 5fJjCJr -- /' -- EXHIBITS* -=to z W ~ r /vlAi ~ . ~o/\J AGENDA ITEM: ~ #= 9r-QS EXHIBIT NO. ----J 2- G ~ 6 ~ DE~C~PTION ~-aCE tSrAfT"~O 7~,{~ v P -thrv .p~ v~ V ~q~~--/~,~ IN DEMO ..... 1--/ v "....., " '~ * "In" means the exhibit is introduced into the record. "Demo" means the exhibit is used only for demonstration or illustrative purposes. . ,( "- r '- 1" "EDA 5/1 /9---L. ~=EAR~N '102 K/EST~/\-A(^l WITNESS LIST* . AGENDA ITEM: C~ c:r=r - C5 NAME OF WITNESS: l. 5ARA --r1+oMNS MARK .p~~. Staff Person 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. * Includes staff persons, but excludes staff attorney and board members. -I......, MEMORANDUM FROM: Board of Adjustment Julie Ann Woods, Community Development Deputy Director ruuJ. Sara Thomas, Zoning Officer @ t~ . 702 West Main Street, Aspen, Colorado TO: THRU: RE: DATE: April 22, 1997 -------------------------------------------------------------- -------------------------------------------------------------- SUMMARY: The applicant requests a variance from the side yard set back dimensional requirement in order to construct a covered front porch on an existing residence. The property is located in the Office Zone District which has the following dimensional requirements: Minimum Lot Size - 6000 square feet Minimum Lot Width - 60 feet Front Yard - 10 feet Rear Yard - 15 feet Side Yard - 5 feet The 4000 square foot lot (40' x 100') is non-conforming in both minimum lot size and minimum lot width. The structure is currently non-conforming as well with regards to side and rear yard setbacks, The applicant is proposing to construct a covered front porch along the east side and front portions of the house, The proposed construction would require a 2,5 foot side yard variance, Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance. APPLICANT: Mr. Mark Pearson LOCATION: 702 West Main Street, Aspen, Colorado, with a legal description of the east 10 feet of Lot R and all of Lot S Block 18, City of Aspen. 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: __.~___.'c...__,1 _.'.'.___._____'..,~" '. 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: The Residential Design Standards in Section 26.58.040 of the Aspen Municipal land Use Code require new construction to provide covered front porches of a minimum of 50 square feet. The standards were adopted in order to encourage front porches, in an attempt to bring vitality, to both the streetscape and to neighborhoods. The applicants request is consistent with this objective. 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's request appears to be the minimum variance possible in that the front porch will align with the existing non-conforming structure. The addition will expand but not make worse the existing non-conformity. 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 and the terms of this title to other parcels, buildings or structures, in the same zone district. RESPONSE: The parcel and structure are unique in that they are both non-conforming. Any additions or alterations on the property are severely limited by the narrow width of the parcel, combined with the non-conforming location of the existing structure. Therefore, granting the side yard setback variance will not confer any special privileges upon the applicant. ,-~-",,,",,"....I 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 2.5 foot side yard setback variance request to allow for construction of a covered porch. RECOMMENDED MOTION: "I move to approve the request for a 2.5 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." ~ CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPUCATION 9~.s- 9 JS7() )(1') . ~ /( aw..d, PHONE 9' J,5" 2 'I J. ? MAILlNG ADDRESS 1)0 -- vJ. Mai" 9f. J:I PM co,f /111 LOCATIONOFPROPERTY ~fJJi/.MQ~rr-.( ,~/i)Cf~ ~f5 t TAt f,/IJUJ( (Streer, BloCK ::--Iumoer and Lot ::--lumber) 7 I\. WILL YOU BE REPRES'El'ITED BY COCNCIL? YES_ @J DATE 11'!-! "_ APPUCANT t ~ Je(Jf , CASE if MA1IJNG ADDRESS OWNER Below, desc:ibe c!e:Jrly me proposed variance. including all dimensions and justification for me variance. (Additional paper may be used if necessary.) The building permit JPpiication and my omer information you fee! is pertinent should accompany this application. and wiiI be made parr of this case. PI"'4uee alaotJ k' o..J l<1M ~ MJJI~ Applicant's Signamre REASONS FOR DE;\!IAL OF BUll.DING PER...'\illT, BASED ON THE ,-\SPEN CITY CODE, CHAPTER 24. AJ.'i OPINION CONCER..."IING THIS VARIANCE WILL BE PRESE1"lTED TO THE BOARD BY THE ZONING DEPARThIEI'lT STAFF. DATE PER.\1IT DE.:.'ITED OFFICIAL DATE OF APPUCATION HEARlNG DATE MARK M l'EARSON 12.96 LEES M PEARSON 702 W MAIN ASPEN CO 81611 (970) 925"2727 lJ-f 91 -- r 82-32811021 Ii 518 I: I'; I' II' I'; II; I' ____'t $ 1a.7."~ ~) A,SPefll,COl.0IU.0081fl1 ,r"'''''1 . '"<,"... 0""'00'0""<', )Ii I; FOR I: ~O 2 W:I 2b ~I: SH 21,h" OS~8 .. '"~ .....~. " Mark and Lees Pearson 702 West Main Street Aspen, CO 81611 970-925-2727 City of Aspen Board of Adjustments April 17 , 1997 Dear Board, Weare requesting a minor side yard setback variance for our property at 702 West Main Street for a front porch. This variance is 2.5 feet of the East property line set back on the 6th Street side. Although the drawings show additional improvements, we are only requesting a review for the front porch at this time. The lot is a non conforming lot with a 50 plus year old house, carriage house and garage already situated on it. We are trying to make this property our home and are constrained by the existing structures. We do love the historic flair that this property has and hope to do some minor improvements that will complement the historical district and main corridor of Aspen. We are in complete agreement with the city and ordinance 30 encouraging front porch additions to enhance the streetscape of Main Street. We additionally plan to add a white picket fence for the safety of our 2 year old daughter. We may one day, if needed, come back to you guys and look into adding a family room and another bedroom and bath. MifL---- Mark Pearson , l CASE #97-05 702 WEST MAIN Proposed Motion for Approval: oj..,}} I move to approve the request for aZ'f 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, i" G".l:lIt that: 1. The grant ofthe variance will be generally consistent with the purposes, goals, objectives, and policies ofthe Aspen Area Comprehensive Plan and the Aspen Land Use Regulations for Variances. Specifically, the Residential Design Standards in Section 26.58.040 of the Aspen Municipal Land Use Code require new construction to provide covered front porches of a minimum of 50 square feet, The standards were adopted in order to encourage front porches in an attempt to bring vitality to both the streetscape , and to neighborhoods. The applicant's request is consistent with this objective. 2. The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. Specifically, the applicant's request appears to be the minimum variance possible so that the front porch will align with the existing non-conforming structure. The addition will expand but not make worse the existing non-conformity. 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 same zone district, and would cause the applicant unnecessary hardship or practical difficulty. a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions ofthe applicant, or """-, b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan and the terms of this title to other parcels, buildings, or structures in the same zone district. Specifically, the parcel and structure are unique in that they are both non-conforming. Any additions or alterations on the property are severely limited by the narrow width of the parcel, combined with the non-conforming location location of the existing structure. Therefore, granting the side yard setback variance will not confer any special privileges upon the applicant. ALTERNATIVE MOTION FOR DENIAL: I move to deny the request for a 2.5 foot east side yard setback variance at 702 West Main Street to not allow for construction of a covered porch finding that the following review standards have not been met: Cite the specific standards listed above that have not been met giving specific reasons therefor: 11919 OOVlIo-lOO 'N:IdSV C' 'J.S DNIlIdS HUlas 001 SJ.:l3.I.IH:)W .umI:llA lIlIVP OOWOlO::> 'N:iIdSV NIVW JS:iIA\ l:OL NNW ~S~M ZOL ... . ~ ~ E .t. ~ > . . .. ~ ~ ~ ~ i: ~ <l ",,' 8 -~ .I r I ... ~ ~::'8'""" " '- "8" ,,-, ...... . "-:,'.- ---. ,..-. -- _..-- " . t . ~ . .. :::- . .. '" o <l . ~ ~ I' , --- ~..,'~"... '.' c"". '"..__~' ~ 83 .. EB -"~.'.i -::_. ..;_ ::':". E .. ., ",~..._, ' ..u___ _--:-~~:.':," ."~:'." ..__.,.-:~.._... ~: t"---, H."..'... -r ~ () , \. ~ ~ ). Q III - " \. III ~ > III .. " III '" <(- III ?- M , . III l B 8 ~ . .. l/. , ~ n" Ii ~~ II .- f ~ ~ " . "!- ~t : ! ~" ~t 1: . , " ;t , "- " ~"t~ -. l' .. 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