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HomeMy WebLinkAboutlanduse case.boa.111W-Hyman.012-96 BOARD OF ADJUSTMENT DECEMBER 12, 1996 Charlie Paterson, Chairman, opened the special meeting at 4:05 p.m. Jim Iglehart, Ron Erickson, Rick Head and David Schott were present. Dan Martineau and Howard DeLuca were absent. MINUTES Charlie Paterson asked if there were any corrections or deletions for the minutes on the continued public hearing case #96-11 from the December 12, 1996 meeting. He asked for a correction on page #3 from pannaboat to panabode. MOTION: David Schott moved to accept the minutes from December 12,1996. Jim Iglehart seconded. ALL IN FAVOR, MOTION PASSED. PUBLIC HEARING: CASE #96-12 WILLIAM D. SNARE 111 WEST HYMAN Charlie Paterson opened the variance hearing noting the changes on the NOTICE OF PUBLIC HEARING with the corrections of the height variance from 8 feet to 3 feet and 33 feet to 28 feet. William Snare was represented by William Griffith, Attorney. Paterson read from the application: The GMQS approved the plans and building in Ordinance 5, by the City Council, in 1993. At that time the height of the proposed building was 33 feet. Present restrictions on height are a maximum of 2 5 feet. This project completes 4 duplex apartments on the subject property. For uniformity in appearance, all should be the same height. Therefore, the applicant requests a variance to permit the original height of 33 feet to the ridge. David Hoefer, Assistant City Attorney, asked for Proof of Notice. Griffith sta~ed that the notice had been posted from November 21st until December 12th and supplied two photos. He said that 120 property owners were sent copies of the notice on November 13th with the list attached. Hoefer stated the affidavits presented were in order and the board had jurisdiction to proceed. Griffith noted that Mr. Snare was out of state and could not be present. Mr. Snare has owned this property for about forty years and up to about twenty years ago had a house on that property. Griffith said that three years ago they received PUC approval for this project but the plans were not approved. He said that the plans 1 .., BOARD OF ADJUSTMENT DECEMBER 12.1996 went to all the departments and there were changes made. He was not sure when the height change happened. This completes the project and showed the duplex with two units and the third unit along with the proposal for the fourth unit. He said if this was not approved, the fourth unit would not be a mirror image but about 3 feet lower. Griffith said that two people were in favor of the project and two were opposed. He said the error of 8 foot instead of 3 foot might have made a difference in the objections. Ron Erickson read the Elizabeth G. Traggis and Ray Koenig into the record regarding the negative impacts of this project and request the variance be denied. Paterson read into the record the Will F. Nicholson letter supporting the project. Mickey Heron, Public, represents the owner of the half of the duplex next door who does not support the application. He said there was a question of symmetry to be taken into account. Heron asked that there be very strict restrictions if the variance was granted. Paterson asked the Board members for questions. Jim Iglehart and Rick Head had no questions. Erickson asked why in 1993 this half of the duplex was not built. He said now the code was changed. Griffith thought money may have been the problem in 1993. Sara Thomas, Staff, answered that they received an allotment from the Growth Management System in 1993, up to that point, that was what was needed to obtain approval to build in that space. According to what was granted at that time, there were 3 years vested for that Growth Management allotment with the deed restricted Affordable Housing Unit. She said the vested interest expired in January but they received their permit prior to that so the permitting process had been extended. The plans were not vested or part of the review process that went through zoning. She said if the plans had been approved three years ago the height would also have been a problem at that time. Paterson asked Thomas to read into the record her memo. Hoefer stated the copy of the Community Development Memorandum was part of the record. Head agreed with the Community Development Memo especially staff response: that a structure could be designed in a manner that still blends with the neighboring buildings, yet coriforms with the existing height limit of 25 feet. 2 BOARD OF ADJUSTMENT DECEMBER 12, 1996 Head further agreed with the structure could be designed and built at the required height limit, without requiring a variance at all. He said that he would deny the variance and would move to do so. David Schott felt the same way Rick did after looking at the site and could not see the practical difficulty for granting this variance. He said that 3 feet may not seem like much, but the rule was a 25 foot height limitation. Erickson commented that there should not be a problem designing a building that conforms. Iglehart said there was no practical difficulty or hardship in this situation. He thought it could be built if it were re-designed to still look nice. Paterson stated that it was up to the applicant that there be a practical difficulty and a hardship in this case. He said that was what the Board had to consider. He noted the Board could not consider the economics or the design problems unless the applicant can show complete hardship. Erickson asked if it was easier (as a point of order) to recommend approval of the variance and turn it down or ask for denial. Hoefer stated that either way was fine, it was up to the Board. Griffith said that 3 feet was such a small variance and would not block anyone's view. He said that with the other 3 buildings already in there this one will be shorter. He said all the building plans will have to be redone. Paterson said the only thing to consider is that if this had been built originally for the plans, he would have had every right to do so. He said the Board might consider the ownership for all those years and the hardship was that the zoning changed. Erickson commented that the land use code is a living document that is continually changing and that is what brings most of the people in front of this Board. He said the applicant is at fault here, because he had the opportunity to build this duplex three years ago before the code changed. Hoefer said the j applicant did not receive vested rights for the development plan. Hoefer said the J Ordinance did not reference the building plan. Griffith said City Council approved and suggested if the referral statements were complied with, then would gain approval. Thomas said that the approvals given by GMQS are never on 3 " BOARD OF ADJUSTMENT DECEMBER 12,1996 specific plans, and the specific plans were never submitted for building permits. Thomas stated that even 3 years ago the height restriction would have applied. Head noted that had he received the GMQS approval, he still could not have built from those plans. Thomas stated all he received was approval to build a structure. Paterson said it was like half a roof was built and now the other half cannot be built to it. Erickson commented the duplexes were different colors and could not see any continuity at all with the structures. MOTION: Rick Head moved to deny the request for a three foot height variance to allow for construction of a structure with a height of twenty eight feet at 111 West Hyman Avenue, finding that the review standards have not been met. Jim Iglehart seconded. Head, Schott and Iglehart voted to deny the variance request. Paterson and Erickson voted to approve the variance request. The denial did not pass in this motion. MOTION: Rick Head moved to approve the request for a three foot height variance to allow for construction of a structure with a height of twenty eight feet at 111 West Hyman Avenue. Erickson seconded. Iglehart, Head, Erickson and Schott voted against approval of the variance and Paterson voted for approval. VARIANCE DENIED 4-1. Meeting adjourned. >tb~It<:~(j()%t]tU2.~ /jackie Lothian, Deputy City Clerk v 4 NOTICE OF PUBLIC HEARING CASE #96-12 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE V ARlANCE DESCRIBED BELOW: Pursuaot 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: December 12, 1996, City Council Meeting Room Time: 4:00 P.M. Owner for Variance: Applicant for Variance: Name: William D. Snare William D. Snare (represented by William M. Griffith) Address: 300 Clermont St., Denver, Co 80220 Location or description of property: 111 West Hyman, Aspen Co 81611 Variances Requested: Applicant is requesting a height variance of 3 feet to allow for construction of a duplex with a height of 28 feet, so that it will conform with the three existing duplexes located on the parcel. Will applicant be represented by Counsel: YES: X NO: The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman -, CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMEl'IT APPUCATION DATE Oct. 18 19~ CASE # Bldg. pennit #6-3 APPUCANT William D. Snare PHONE (303) 355-8022 MAILING ADDRESS 300 Clerrront St. , Denver, Colorado 80220 OWNER William D. Snare PHONE (303) 355-8022 MAILING ADDRESS SaJre LOCATION OF PROPERTY 111 w. Hyman Street, Aspen, Colorado (Streer, Block Number and Lot Number) W1LL YOU BE REPRESENTED BY COUNCll.? YESx.. NO_ Below, describe clearly the proposed variance, including all dimensions and justification for the variance. (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. The GMQS approved the plans and building in Ordinance 5, by the City Council, in 1993. At that time the height of the proposed building was 33 feet. Present; restrictions on height are a maximum of 25 feet. This project c~letes 4 duplex apart:rrents on the subject and adjacent property. For uniformity in appearance, all should be the SaJre height. Therefore, the applicant requests a variance to permit the original height of 33 feet. Applicant's Signature _~ ~ XAA.D.~ \;\. QMfl _ 0 . William D. Snare - REASONS FOR DENIAL OF BUILDING PERlVIIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF. DATE PERMIT DENIED OFFICIAL DATE OF APPUCATION HEARING DATE ,...', MEMORANDUM TO: Board of Adjustment ;? Stan Clauson, Community Development Directlf THRU: FROM: Sara Thomas, Zoning Officer RE: 111 W. Hyman Street - William Snare DATE: December 3, 1996 -------------------------------------------------------------- -------------------------------------------------------------- SUMMARY: The applicant requests a variance from the required height limit of 25 feet in order to complete a duplex project, located at 111 W. Hyman Avenue. The property is located in the R-MF zone district. The height of the existing structure is 28 feet, as measured to the mid-point of the roof, with a ridge height of 33 feet. The applicant is requesting a 3 foot height variance in order to conform with the height of the existing structure. The proposed building plans are In conformance with FAR requirements and with setback requirements. The applicant was granted an allocation from the Growth Management Quota System (GMQS) in January, 1993 for one free market unit and a GMQS exemption for one deed restricted unit.(See attached Ordinance No.5). The growth management process granted a development order, but was not a review of building plans and therefore did not grant approval to any specific designs or drawings. Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance. APPLICANT: William D. Snare, represented by William Griffith LOCATION: 111 W. Hyman Avenue 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: While a stated goal of the Aspen Area Comprehensive Plan is to promote buildings which maintain neighborhood compatibility, staff feels that a structure could be designed in a manner that still blends with the neighboring buildings, yet conforms with the existing height limit of 25 feet. 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 structure could be designed and built at the required height limit, without requiring a variance at all. 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 proposed building does have a special condition of trying to complete the remaining half of an existing structure and to attempt to duplicate that structure as closely as possible in order to maintain the design of the duplex. However, staff feels that granting this variance would confer a special privilege upon the applicant in that all other new construction in the same zone district would have to comply with current height requirements. As stated above, staff feels that the issue of compatibility with the neighboring structures can be remedied in the design stage, and that a structure could be designed so that it conforms with both the neighboring buildings and with the current height requirements. 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 denial of the three foot height variance request. RECOMMENDED MOTION: "I move to deny the request for a three foot height variance to allow for construction of a structure with a height of twenty eight feet at 111 W. Hyman Avenue, finding that the review standards are not met." .'" ) I ORDINANCE NO. 5 (SERIES OF 1993) AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ASPEN GRANTING A RESIDENTIAL GROWTH MANAGEMENT ALLOCATION FOR ONE FREE MARKET UNIT AND GMQS EXEMPTION FOR ONE DEED RESTRICTED UNIT LOCATED AT III W. HYMAN AVENUE (LOT G AND 1/2 OF LOT F, BLOCK 61/ TOWNSITE OF ASPEN) WHEREAS, pursuant to section 24, Article 8 of the Aspen Municipal Code, the City Council may grant allocations from the Growth Management quotas contained therein upon scoring determined by the Aspen Planning and Zoning Commission; and WHEREAS/ pursuant to section 24-8-104 C.l.c. of the Aspen Municipal Code, the City Council may exempt deed restricted affordable housing units from the Growth Management Quota System (GMQS) competition; and WHEREAS, William D. Snare, owner, submitted to the Planning Office an application for a Growth Management allotment for one unit and GMQS Exemption for one affordable housing unit; and WHEREAS, the III W. Hyman Avenue proposal was the only submission competing for the six available units (as established as a minimum by section 24-8-103.F.l. of the Aspen Municipal Code) i and WHEREAS, the application was reviewed by the Engineering Department, the Aspen/Pitkin County Housing Office, Environmental Health Department, Fire Marshal, Water Department, Electrical Department, and the Roaring Fork Energy Center and those agencies submitted referral comments to the Planning Office; and \ I ) WHEREAS, at a regular meeting held on January 5, 1993 the 1 -'" ) Aspen Planning and Zoning commission scored the proposal pursuant to the standards contained in Section 24-8-106.E. and found that the Commission' s score of 33.65 points met or exceeded minimum scoring thresholds; and WHEREAS, the Commission also voted 6-0 to approve with conditions the proposed deed restricted one-bedroom unit pursuant to the review criteria for GMQS Exemption within Section 24-8- 104.C.l.c.; and WHEREAS, the Aspen City Council having considered the proposal and the Planning and Zoning Commission's recommendation, does wish to allocate one free market unit from the 1992 Residential Growth Management competition and grant GMQS Exemption for Affordable Housing for one Category 1 deed restricted unit at 111 W. Hyman ) Avenue. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: That it does hereby allocate one residential unit from the 1992 Residential Growth Management competition to the 111 W. Hyman Avenue project pursuant to Section 24, Article 8 of the Aspen Municipal Code. Section 2: That, subject to the conditions set forth in Section 3 below, it does hereby grant GMQS Exemption for Affordable Housing for the development of one Category 1 deed restricted one ~edroom unit pursUant to section 24-8-104.C.l.c. of the Aspen Municipal I Code. Section 3. ) 2 -- , The conditions of approval which apply to this GMQS Exemption are: 1. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County Housing Office for approval. Upon approval by the Housing Office, the Owner shall record the deed restriction with the pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits for the property, copies of the recorded deed restriction for the dwelling unit must be forwarded to the Planning Office. 3. The final design must incorporate a roof/dormer above the entry to the deed restricted housing unit to shed snow away from the doorway. ) 4 . If condominiumized, the unit's annual management/maintenance assessments shall be on a pro rata valuation basis. Language to this effect shall be in the condominium documents and shall be approved by the Housing Office prior to recordation. 5. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. section 4: ) A public hearing on the Ordinance shall be held on the -2<< I day of4e.Lud2J({'" 1993 at 5:00 P.M. in the city Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which 3 -".'., a hearing of public notice of the same shall be published In a ) newspaper of general circulation within the City of Aspen. section 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. section 6: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded \ under such prior ordinances. ) INTRODUCED, READ AND ORDERED PUBLISHED as provided by the ~5~ law, by the City Council of the City of Aspen on day of ~~ (/ , 1993. 1e~n~le~?~-Yo:OTZ 1\;:'~T:, /i/ /, " 1/ ' ~~--[L--::;'P( /....._l Kathryn s. approved this ~~ day ~l f Rr- FVvL ~ohn Bennett, Mayor I of FINALLY, adopted, passed and ;;;;...~, 1993. ) 4 ..... , , WILLIAM M. GRIFFITH ATTORNJi;Y AT LAW 1660 LINCOLN STREET, SUITE 2202 DENVER,COLORADO 80264 TELEPHONE (303)861-7055/ FAX (303)861-7056 October 23, 1996 Community Development 130 South Galena Street Aspen, Colorado 81611-1975 Attn: Sara Thomas OCT 28 1996 Re: william D. Snare Board of Adjustment Dear Sara: Enclosed is an original and nine cbpies of Mr. Snare's application to the Board of Adjustment for a variance, together with Mr. Snare's check for $105 payable to the Aspen City Clerk. Also enclosed are nine copies of the site plan, elevators and the original Hyman Street Duplex Subdivision which shows the other three units and the subject unit to complete the project. I have received from the County Assessor a list of the property owners within a 300 ft. radius of the property together with mailing labels. When I get the notice from the City Clerk, I will mail out the proper Notice. For some reason, which I don't understand, there is a label for the City of Aspen and Pitkin County. I suppose this will require the longer posting period. If you have any questions, or if I left out something, please give me a call. Very truly yours, c ~:::~ WMG/cm enclosures "'"'" .PAY TO THE " ORDER OF (1) WILLIAM D. SNARE MARGARET W. SNARE 300 CLERMONT ST. ~ DENVER, C , " 20 ~ c..t!lilJIIICAL ""'VAn...NI(ING ~70"""" "'''ENUE MEM01~ ~W~~'7 ~ d:O 2 ~OOO ~ 2BI: ~ ~Bcmb3B 5 ~ ?b.s,,' r . " @,' f{> &--.1 , , . ., \.QJ j~",' 21.02 2402 ~189 19:fL 210 $ /05;00_ DOLLARS ~ ,~l^<T' Go-'" . ...m-''''N. """ f47 Peauot AvenUE New London, CT rf3?O City of AsnEn Board of Adjustment 130 S. Galena Street ASDen, CO 81fn Re: Case /!Qf-12 Dear ~oard memhers: I "rish to re~<.ster mv stro'l" o"jection to the annJi.cation suhmitted by 'oJilliAm D. Snare (rF'Drpsentf'rl ny l.J':"lJ-iam !'ft. Grir.t";+:n1 f'()~ R v~r-i~r:cf'- O~ rrrrcF-'rtv at 1]1 W. Hyman. I submit to vou that "rantinE' an (l.' vAriAncf' so t.hat the aDpl1cant can "conform with the three f'xi stin" dunlf'xPs locah.d on the narcel" is defini telv NOT a l"'f'i timate reason t'or doir~ so. It's time to ston the insidious attack on zonine' r""ulatio!'1s in rf'S i dential nei"hborhoods i.!'1 Aspen. The existence of three dup'.exes not confor1!1i Of' with zoni!'1e' ref'ulations certainly does not translate into a reasonable excuse to create a fourth such structure. Three wrongs do not make a right! .Th1s' l'if'-lg-hhorhccd - or any other for that matter - should not be reduced to homof'eneous st.ructures for the convf'nience of a builder/ow~f'r. If vou will e'0 back in ti1!1e to when Cottonwoods was built (124 W. HY'"an) all three floors were in nlace before a heie'ht discrenancy was challenp'ed and the builder was reauired to have each floor nhysically lifted-one foot was cut off between each floor to bring the buildinf' under com"l i AnCE' with zonine' ref'ulati ons. I ask you now for the same ri"id enforcement of zonin" ref'ulations - please do NOT e'rant this variance. It's time the zoni.nf' re"ulations were enforced as .<rittcn and not treated as a joke by t'eonla who nnd creative wavs or "reaso!'1s" to justify bend in" the law. Incidentall~ it's interestin" to note that the builder of the three existinp' dunlexes on the ""arcf': i!'1 auestion was also the "uilder of Cottonwoods some years earlier. Please examine city records - Vou .Nill find th.t a permit for further development ot' the land in auestion "as denied a number of vears a"o - on more "rounds than just hei"ht alone. Arnone' other thi n"s ,thf! FAR would he well over the Allowable limit for the ut'arcel" in Question. It WAS deemed wron!! then - .::lnd it is wron!! no~""'. This bu4Jdi~ would nresent a solid wall of housinl' "rith hardly a ol.de of f'rass or dece of sky to be seen. Has anyone checked the FAR of this aPDlication??? It is hardlv acci dental that this hpari np' is set. for the off -season when I t'ersonally k!'1oW that several of the neonle most. a~~ected are !'1ot onlV out of town "ut are out of the country-completely unaware of this development and therefor unable to respond. Orr-season seems to be ooen seaSon for zoning variance reauests. I'm sure you know that there's a sayinp' in Asnen that "if you wait lon!,: €!'1ou"h you can p'et ,^'hatevf'r you r.:rant throu~h zonine-'" _ T lyme that thi s is not Q"oin2' to 'Je the resuJ.t in thi.s case. This nei"hborhood h.s been imnacted pnou"h - " permit for a similar huildinp' at this location on this "narcel" of land was rip'htfully denied by responsible zoninu boc\< thE'! I submit that it was a ,^Qse decis<on then and reauest that the nresent Poard adhf'rf' to the orip'inal decision. I si!'1cerelv re"ret that I am unable to be nresent personally t.o suomi t my ver.v st.ronl' objection. but hODf' thet the Dresent zoni nl' boa rd .ri 11 considET this reauest in a thouf"htful, resDonsible manner. As a lonft time ASPE'nite, I can only hODE' for fairness Que1itV of lit'e in Ast'en has certainly chan"ed in recent years. as it >'as in many D10Cf but Aspen has always bee!'1 a very sDecial t'lace. It is up t.o those who choose t.o make it their home to take a stand a~ainst nrojf!cts that ~re clearly not in the bFst interF' of the community and to take responsibility for seein" that everyones ril'hts are crotected. Please help to protect the inte"rity of our nf!i~hborhood b~E'nyinf' this vAr<ance. ~. ~ Si!'1cerely VO.'J:1.tth&:1/4'V . ~I 1Z\i zabetff:j Tral'l'is ~r fl:1yn)ond J. Koeni!', -~6ttonwoods -2F 124 W. Hyman :""" t} "~:'" .~' . - . 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'if '{l .. '.~ . ,3 ;f:.., . )), .',;}'j . "j " \ .'. ~ \ I i ,~ I i " , I: I . , , :1 ., 1 I I J 1 i i :\ \i , i I 1 , I .' I I : i I ,1 .1 '; I I I .j I. l< :\ !, 'I I' . , Rocky Mountain BankCard System- Will F. Nicholson, Jr. Chairman of the Board December 3, 1996 Mr. Charles PatersoD, ChalrmaD The City of AspeD Board of AdjustmeDt 130 South GaleDa Street AspeD, CO 81611 Dear Mr. PatersoD: I am wrltlDg with respect to the Notice of Public HearlDg cODcerDIDg Case _96-12, 111 West HymaD. I am the OWDer of 119 West HymaD aDd am writiDg OD my behalf aDd also OD behalf of Nestor WelgaDd who Is the OWDer of 117 West HymaD; each of us oWDIDg oDe-half of a duplex. To the east of us Is aDother oDe-half of a duplex, 115 West HymaD, to which the property proposed by Mr. SDare will be attached. The records of the city IDdlcate that the duplex 117-119 was cODstructed ID the early 80's; 115 (belDg oDe-half of a duplex) was cODstructed sometime thereafter, the date of which escapes me at this time. ID the origlDal deslgD, the property to be cODstructed by Mr. SDare would be a mirror Image of 115 West HymaD. It Is my uDderstaDdlDg that Mr. SDare proposes to build UDder that orlglDal desigD. If he Is allowed to do so with a varlaDce, the 111-115 bulldlDg would be IdeDtlcal to the bulldiDg curreDtly at 117-119 West HymaD. If the variance Is de Died aDd Mr. SDare proceeds UDder the code, the 111-115 duplex would be asymmetrical, aDd therefore, less attractive to the Delghborhood aDd the city. I hope Mr. SDare's request will receive favorable cODslderatioD. !eZ0~"~,jL ~ --------- -- mm c Nestor WelgaDd 950 Seventeenth Street Denver, CO 80202 303585-7100 Fax 303 585-5570 Mailing Address: P.O. Box 5168 Denver, CO 80217 "......, fl~7 Peauot Avpnue Pew London, CT rfJ?O City of Aspen Board of Adjustment 110 S. Galena Street ASDE'n, CO 81f11 Re: Case #Gf-12 Dear Board memters: I v.rish to rep-;.ster my stroflP" ol:1jection to the aODlication submitted h:v !4ill4.am D. Snare (rPDrpsenb::'d hy lv~]J;am t,f. (;rirr-;t.h~ f'o-r;::; v;,:!p-i"'ncf' o~ rrf)('f'rtv at 1Jl itl. Hyman. I submi t to you that e-rant-i Df! an B f V.!j r-; ;:lncf' ~n that the arpli cant can "conform wi th thE' three pxi st1 ng dUD] exes ] ocat.ed on the parcel" is deft ni telv NOT a legi ti mate reaSon f'or dol~ so. It's timt: to st.op the tnsidious attack on zoninG!' !"9e'uIat.io!1s i!1 rpsidential nei",hborhoods in Aspen. The existence of t.hree duplexes not conforming wi th zonin", ref'ulations certainly does not translate int.o a reasonable excuse to create a fourth such structure. Three wrongs do not make a right! 'Th~s' nEo-l9'hborheed _ or any other for that matter - should not be reduced t.o homof'eneous structures for the convenience of a nuilder/own8r. If vou will "'0 nack in ti.me to when Cottonwoods was built (124 W. HY1!1an) all three floors were in place before a hei",ht discreDancy was challen'!ed and th.. builder was reouired to have ..ach floor physically li fted-one foot was cut off be>t.wpen pach floor to bring the building undpr comn]ianc" with zonini' re",ulations. I ask you now for the same rigid enforcement of zoning regulations - Dlease do NOT ",rant this variance. It's time the zoni.ng regulat10ns WE're enforced as .'1'ittcn and not treated as a joke by "eonl.. who find creat.i.ve ways or "reasons" to justify bending the law. Inddentall~ it's interesting to note that t.he builder of the three existini' duplexps on thp "Darcr: in question was also the ~uilder of Cottonwoods some years earlier. P1ease examine city records - vou '''';]1 find that a permit for further devplopment of' t.he land in question was denied a number of vears af'o - on more ~rounds t.han just heil"ht alon". Amon", other thi n",s ,th" FAR would be well over the allowable Ii mi t for the "t'arceln in Question. It W;:lS deemed wrong- then - ~nd tt is wronQ" new. This hu41d:i! would nresent a solid wall of hou.ein", with hardly a bl,dp of grass or Dipce of skV to be seen. Has anyone checked the FAR of this aDolication??? It is hardly accidental that t,his !1Paring is spt for the off-season when I rersona]ly know that several of the peoDle most affected are not. only out of to,"" but are out of the country-completely unaware of this develonrnent ann therefor anable tv respond. O~f-season seems to ~e ODen season for zonin~ variance reauests. Ifm sure you know that there's a sa:vin'" in As Den that "if you wait lonf' enouf'h you can ",et ,,'hatevE'r you l".rant throuG"h zonin~n - T ljrme that th:i s is not Q"oin2' to ~e the resu1t in this case. This neighborhood has been imDact.ed enough - , permit for a similar huildin", at this locqtion on this "Darcel" of land ~r.qs ri2'htfully denied by res eons} bIe zoninl'! b~ck thE'f I submit that it was a '~se decision t.hen and reouest that the nresent Poard ,dhere t.o t.he ori",inal decision. I sincerE'lv regret that I am unable to be oresent rersonal1v to sut",i t rroy very strong oc,jection. but hODE' that the rrpsent zoni nf' boa rd wi] 1 considE-r this reauest. in a thou2'htful, resDonsible manner. As a 16n~ time ASDFnlte, I can only hODe for fairness au? li tv of life in As Den has certaj nIy chanf!ed in recent years, !JS it l,as tn many n1 ~C~ but. Aspen has always been a very sDecial nlace. It. is up to those who choose t.o make it their home to take a stand a~ainst Drojects that ~re clearly not in the best intere, of t.he community and to take responsibility for seein", that everyones rights are rrotected. Please help to rrotect. the intef'rity of our ne.i~hborhood h~enyini' thts variance. ~. ~ SincE'rely Y0.1J:l.;;tt,,&:1/4f; , /~I ,"1izabet~ Traggis wv;r R:lYYl)ond J. Koeni~ ~6ttonwoods -2F 124 W. Hyman j -"'S'\0J \:i ~ z 0..\'9 ~~~ <II -l=',.. f;;' .: -.,J '" "-s ~~ t"'''''~ ~ 0<11", o ~?\ [~ c+ ~ o 0 ::r ::lc+", ~ >. ~ (")<,...,. ,...,.~'1 ~ O~.. 0\. 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