HomeMy WebLinkAboutlanduse case.boa.935gibson.lewis.003-97
NOTICE OF PUBUC HEARING
CASE #97-03
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: March 13, 1997 City Council Meeting Room
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name: Mr. & Mrs. Tom Lewis
David Panico
Address: c/o David Panico, 1533 Juniper Hills Road, Aspen, CO 81611
Location or description of property:
935 Gibson, CO 81611
Variances Requested: Applicant is requesting a Variance of 18' in the Front Yard Set Back
from the Public Right-of-Way to construct a 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
NOTICE OF PUBUC HEARING
CASE #97-3
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: February 13, 1997 City Council Meeting Room
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name: Mr. & Mrs. Tom Lewis
David Panico
Address: c/o David Panico, 1533 Juniper Hills Road, Aspen, CO 81611
Location or description of property:
935 Gibson, CO 81611
Variances Requested: Applicant is requesting a Variance of 18' in the Front Yard Set Back
from the Public Right-of-Way to construct a garage.
Will applicant be represented by Counsel: YES: NO:
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
" '"
m.
-
,
MEMORANDUM
THRU:
Board of Adjustment '-
I".'
/.;110 ~J
Julie Ann Woods, Community Development Deputy Direct6f~..13J
TO:
FROM:
Sara Thomas, Zoning Officer.:;'"
RE:
935 Gibson Avenue (Meeting Continued from March 13,1997)
DATE:
March 25, 1997
-------------------------------------------------------------------------------------------------------------
SUMMARY: On February 13, 1997 the Board granted an 18' front yard setback
variance to allow for construction of a garage and loft bedroom for the property located at
935 Gibson Avenue. The variance was granted subject to the condition that there were no
inconsistent variances that had been granted and acted upon for the property.
Subsequently, staff found that in 1988 the Board had granted a variance from the lot area
requirement, allowing for the existence of a duplex on a lot which did not meet the
dimensional requirements for a duplex structure. The property is located in the R-15A
zone district which has a minimurn lot area requirement of 15,000 square feet for both
single family residences and duplexes. The approximate lot size is 22,000 square feet,
less 12,000 square feet for the Gibson Street right of way, leaving an approximate lot
area of 10,000 square feet. The lot is therefore a legal non-conforming lot of record.
The permitted floor area for a single family residence on this lot is 4150 square feet, and
4570 square feet for a duplex. The existing and proposed square footage of the structure
would be verified at the time of building permit, however, a rough estimate of existing
floor area is approximately 3200 square feet. The proposed garage/loft addition would
add approximately 700 square feet of floor area.
The 1988 variance to permit a duplex structure on a non-conforming lot was conditioned
that no additional square footage or alteration of the footprint be permitted on the dunlex
structure. In light of the 1988 variance, the applicant requested that the March 13,1997
meeting be continued until the April 3, 1997 meeting.
The applicant is now requesting that the Board review the 18 foot front yard setback
variance request to allow for construction of a garage and loft bedroom, with the
condition that the existing duplex be converted to a single family residence. The
building permit for the garage will include a demolition permit for the removal of the
second kitchen in the residence. All future development on the property will comply with
current standards for single family residences under codes existing at the time of the
development application.
.,. .....
STAFF EVALUATION: Staff concludes that if the structure is returned to the pre-I 988
variance status of a single family residence, the issues of density and parking that were of
concern in converting the structure to a duplex in 1988 will be significantly diminished,
thereby eliminating the need to impose expansion restrictions. Therefore, staff continues
to support the applicants' front yard setback variance request, as outlined in the staff
memo dated February 4,1997 (copy attached).
RECOMMENDATION: Staff recommends approval of the front yard setback
variance request to allow for construction of an attached garage and loft addition,
with the condition that the existing duplex be converted to a single family residence.
RECOMMENDED MOTION: "I move to approve the request for an eigbteen foot
(18') front yard setback variance at 935 Gibson Avenue, to allow for construction of
a two car garage with loft addition, finding that the review standards have been met,
subject to the following conditions:
- The existing duplex will be converted to and maintained as a single family
residence. This will be accomplished by removal of the second kitchen in the
residence. The building permit for construction of the garage will include a
demolition permit to remove the second kitchen. A certificate of occupancy will not
be issued for the garage until the kitchen demolition has been completed and
inspected.
- Any future development on the property will comply with current standards for
single family residences under codes existing at the time of the development
application.
MAR 29 '97 Ilt:B4 PM
'esign by David Panico
Poger
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BY
DAVID
PANICO
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407981 09/03/1997 10:31A RESOLUTI DAVIS SILVI
1 or 4 R 21.00 D 0.00 N 0.00 PITKINCO COLORADO
RESOLUTION NO.3
Series of 1997
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97-3
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
935 GIBSON AVENUE, ASPEN, COLORADO.
WHEREAS, Mr. and Mrs. Tom Lewis have made application, dated
January 27, 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 April 3, 1997 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. and Mrs. Tom Lewis on January 27, 1997 for property
with a street address of 935 Gibson Avenue, 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.
1111111.~1111111111111111111111111111111111111 ~..llll
407981 09/03/1997 10:31A RESOLUTI DAVIS SILVI
2 of 4 R 21.00 D 0.00 N 0.00 PITKINCO COLORADO
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
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;
to wit:
The property is bisected by the sixty foot Gibson
Avenue right of way, which creates a very confining building
envelope.
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:
An eighteen foot (18') front yard setback variance at 935
Gibson Avenue, to allow for construction of a two car garage with
loft addition.
2.
, '
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407981 09/03/1997 10:31A RESOLUTI DAVIS SILVI
3 of 4 R 21.00 D 0.00 N 0.00 PITKINCO COLORADO
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 existing duplex will be converted to and maintained
as a single family residence. This will be accomplished by
removal of the second ki tchen in the residence. The building
permit for construction of the garage will include a demolition
permit to remove the second kitchen. A certificate of occupancy
will not be issued for the garage until the kitchen demolition has
been completed and inspected.
2.
current
existing
Any future development on the property will comply with
standards for single family residences under codes
at the time of the development application.
3. 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.
4. Applicant shall, prior to filing an application for a
building permit, cause to be recorded with the Clerk and
Recorder's Office of pitkin County a copy of this resolution.
.3.
,.,
/ .
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407981 09/03/1997 10:31A RESOLUTI DAVIS SILVI
4 0' 4 R 21.00 D 0.00 N 0,00 PITKINCO COLORADO
APPROVED AS TO FORM
c,O:ey -JJ J-
of the
INTRODUCED, READ AND ADOPTED by the Board of
City of Aspen on the ~ ~o.f April, 1997
Cf~ ~'-
Chairperson
Adjustment
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. . '/..." _ .~ y
#f!;~~ ~4...J
D ty City Cle
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AFFIDAVIT OF ~OTICE PURSUANT
TO ASPfu'l LAND USE REGULATION
SEcnON 26.52.060 (E)
1. 17 AV I r:7 f"MU c...o . 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 tirst-class. postage
prepaid U.S. Mail to all owners of property within three hundred (300) feet
of the subject property, as indicated on the attached list. on the lelday of
f'* . 1991(which is 1.2 days prior w ,he public hearing date of ~.~
2. By posting a sign in a conspicuous piace on the subject property (as it could be
seen from the ne:JIest public way) and that the said sign was posted and visible
continuously frorn the ?
day of MApJ'.{(. 199] (Must be posted for
at least ten (10) full days before the hearing date. A photograph of the posted
sign is attached here[~_._
(Auach photograph here)
S'
re
Signed before me [his ~ let-daY
.199~by
WITNESS MY HAND Al'ID OFFICIAL SEAL
My commission expires :~IRES 2/15/2000
krurev\ RpP~ VI.\jt--eJ(~,
Notary Public
Notary Public's Signature
..~.--
BOARD OF ADJUSTMENT FEBRUARY 13, 199/if
~-3
CASE # -3, LEWIS RESIDENCE - 935 GmSON
Charlie Paterson stated the applicant requested an 18' variance from the front yard
set back requirement to construct a garage.
Rick Head stated there was a variance request on this house before. Ron Erickson
remembered the request for additional FAR and a setback variance because of the
shape of the lot. He recollected the maximum was granted prior. Sara Thomas
was not aware of any prior variances granted. David Hoefer went to look for any
prior variances granted. David Panico, Architect, said the lot was 22,000 sf and the
Gibson Avenue right-of-way took away 12,000 leaving a 10,000 sflot. He said
the total available FAR is 4,150 and the existing was 3,016. Panico said ifthis
was granted there would be 825 additional FAR.
Panico noted the owners will be living here permanently and requested a garage.
He said the building envelope was less than a quarter ofthe entire 22,000 sflot
area with a very odd shape. He noted there would be room for a single car garage
but then the entire house would have to be redesigned. He proposed a two car
garage with the available space in the attic to be used as a new bedroom.
Panico said the design considered the minimal removal of trees for the driveway
(2 or 3). He will re-locate the drive if possible. Erickson asked about the safety of
that driveway placement with the 6' snow wall. Thomas noted that Engineering
reviewed this site plan and had no concerns.
Jim Mickey, public residing at 931 Gibson, welcomed the Lewis' to the
neighborhood. He hoped the board would grant the variance.
Erickson wanted a conditional variance based upon no prior variances granted.
Hoefer affirmed. Panico said in '93 the two structures were combined, dissolving
the duplex. He noted that Ordinance 30 review was next for this project.
MOTION: Rick Head moved to approve the request for an eighteen
foot (18') front yard setback variance at 935 Gibson Avenue, to allow
for construction of a two car garage with loft addition, finding the
review standards have been met subject to the condition that there is no
inconsistent prior variances. Ron Erickson second. ALL IN FAVOR,
APPROVED 5-5.
~~~
3
MEMORANDUM
THRU:
Board of Adjustment ~
r
Stan Clauson, Community Development Director .
Julie Ann Woods, Community Development Deputy Director
TO:
FROM:
Sara Thomas, Zoning Officer
r
RE:
935 Gibson Avenue, Aspen, Colorado
DATE:
February 4, 1997
--------------------------------------------------------------
--------------------------------------------------------------
SUMMARY: The applicant requests an 18' variance from the front yard setback
requirement in order to construct an attached garage. The property is located in
the R-15A zone district which has a required front yard setback of twenty five
feet (25'). The parcel is bisected by the Gibson Avenue right-of-way. Section
26.04.100 of the Aspen Municipal Land Use code states that "all required yard
setbacks under zone district regulations are based on distance measured from
the right-of-way line of a dedicated public way."
The applicant proposes to construct an attached two car garage of
approximately 570 square feet, with a loft bedroom of approximately 400 square
feet. The structure is proposed to be in a location which is seven feet (7') from
the Gibson Avenue right-of-way line. There appears to be adequate available
floor area for the garage/loft addition.
Please refer to the attached drawings and written information provided by the
applicant for a complete presentation of the proposed variance.
APPLICANT: Mr. and Mrs. Tom Lewis, represented by David Panico
LOCATION: 935 Gibson Avenue, Aspen, Colorado
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: A requirement for all single family residences is to
provide 2 off-street parking spaces per dwelling unit. The proposed
garage structure complies with this requirement.
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 proposed dimensions of the two car garage are
approximately 24' x 24'. The size exceeds the required dimensions
for off street parking which are 8 1/2' x 18' per parking space. The
structure could feasibly be built to conform with the minimum
dimensional requirements, requiring a lesser 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: The triangular shape of the parcel, combined with the
presence of the sixty foot (60') Gibson Avenue right-of-way, creates
a very confining building envelope. These special conditions are
unique to the parcel and are not a result of actions of the applicants.
The applicants request to construct a garage, while larger than the
minimum requirements, is still within the allowable FAR and does
not appear to confer any special privileges upon the applicant.
ALTERNATIVES: The Board of Adjustment may consider any of the following
alternatives:
. Approve the variance as requested.
. Approve the variance with conditions.
, "
. Table action to request further information be provided by the applicant or
interested parties.
. Deny the variance finding that the review standards are not met.
RECOMMENDATION: Staff recommends approval of the front yard setback
variance request to allow for construction of an attached garage and loft
addition.
RECOMMENDED MOTION: "I move to approve the request for an eighteen
foot (18') front yard setback variance at 935 Gibson Avenue, to allow for
construction of a two car garage with loft addition, finding that the review
standards have been met."
/
CITY OF ASPEN
BOARD OF ADJUSTME~T
DEVELOPMENT APPUCATION
DATE ,~b.NU p,.j-z..:-'; '21 19:'1
APPUCANT Dt>-VI D Pb-N \ C::'
MAlLINGADDRESS /0"?? JW.\1Pe.Z L\IL-t..- '2...?
OWNER MiL e \,,1\21-;1 "TC~j, u:Nlt? PHONE?p17 .-Zt.\1.:17Cf11-
MAlLINGADDRESS0""S>~- ,j'_:~<,?:::2.l-Nl... ~D, A0P~ w. 6\0\\
CASE it
PHONE <123 'G30J...
LOCATION OF PROPERTY ~1;Ii? 01 ~ f).'Jt..
(Street". Block ~umber and Lut Number)
WTI.L yOU BE REPRESE'lTED BY COL""NC1L: YES_ NO>< ,
Below, describe clearly the proposed variance, including all dimensions and justification for the
vanance, (Additional paper may be used if necessary.) The building permit application and any
other information you feel is pertinent should accompany this application. and will be made part: of
this case.
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Applicant's Sl"
REASONS FOR DENIAL OF BUll..DING PERl , BASED ON THE ASPEN CITY
CODE, CHAPTER 24. AJ."i OPINION CONCERNING THIS V ARlANCE WILL BE
PRESENTED TO THE BOARD BY THE ZONING DEPARThIEl'*! STAFF.
DATE PERMIT DE.J.'l1ED
OFFICIAL
DATE OF APPUCATION
HEARlNG DATE
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