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Home My WebLink Aboutlanduse case.boa.boa.801 E Hyman Ave.003-95 r ~OARD OF ADJUSTMENT APRIL 27, 1995 A discussion between Board members commenced, and following, Paterson again opened the meeting for public comment. Paterson explained to Moore the procedures and asked him if he wanted the application tabled and the need for 4 affirmative votes. Stuart, the designer, asked for tabling of the application. Debra Moore also asked for tabling. MOTION Head moved to table Case #95-2 to Thursday, May seconded, voting commenced, and was unanimous carried. 25, in 1995. favor; DeLuca motion CASE #95-3 STAN MATHIS FOR JOHN ELMORE Remo Lavagnino took chairmanship, and opened the case. Owner seeks variance from the required open space in the RMF zone. Affidavit of Posting was presented (attached in record). Stan Mathis presented and introduced John Elmore. He carried through on a little history to demonstrate hardship and/or practical difficulty, and he showed a site plan of the p7Bperty prior to development. August of 1989, when the project was started; they were the first project to go through the enventory of the HPC at the time where they graded you from 0 to 5. The parcel was graded a 1. They did not have to go through the process, but since they were the first, they rather got "sucked into it". Tbey went through the process for one year and a half and finally developed a site plan that the HPC liked. The owner agreed to many of the recommendations of the HPC as long as he could build a 6 ft. 0 in. high privacy wall along a portion of the site bordering Original Street and an alley in order to create a private yard and as an accoustical barrier. The yard area on the Original Street Side was a result of HPC requirements. They are left with a yard that is next to one of the busiest streets in town and there is a parking garage directly across the street. In the give-and-take with the HPC, the one thing important to Elmore was to be able to have a privacy fence to shield the yard. At the time the property went through City Council it was one piece; Elmore took it through a lot split and even though in the RMF District, City Council approved, but it could not be RMF anymore, it trad to be a single family residence - both parcels. In the RMF Di'strict it is required to have 35% open space, in the R-6 zone, which the lots meet requirements, there is no open space rule. 6 ,. EOARD OF ADJUSTMENT APRIL 27, 1995 Paterson stated it was his understanding that the applicant was in the RMF Zone, but lost RMF abilities. Mathis stated that was correct. The only way to create any semblance of privacy was to try to do a 6 ft. high fence. The design was driven from approvals from HPC - that is what Mathis believes to be the true hardship. Amy Amidon of Planning mentioned that there was a trade; we let you tear down this historic building which has dubious significance at this point, but in return, we will review the re-development plan. The applicant is bound by that re-development. Lavagnino stated that the applicant did know of the requirement and that it would come under review. Mathis stated they did. Amidon stated for future reference that she felt that it was a pretty odd situation and she did not think HPC would do things like this in the future. Lavignino closed the public portion of the meeting. Head stated in looking at the totalitiy of there was an oversite during the process. favor of granting a variance. the project he felt He stated he was in DeLuca, stated as much as he hated to see a wall in the community, he sympathized with the applicant. He felt the applicant was in an unfortunate situation and was compelled to build the house in a certain footprint, and he can't turn the house around. He said he noticed the street is considerable distance away from the wall and it showed some trees and there is still some open space there. He does not feel the impact will be as much as one might think. He stated he would probably grant a variance in this situation. Iglehart asked if vegetation constituted a fence? answered, yes. Amidon mentioned that in HPC conditions, is supposed to have vegetation in front of it. Iglehart was in favor of the variance. Drueding the fence stated he Paterson stated he was in favor of the variance. Erickson stated he was in favor of the variance. Lavagnino said he like the aspect of putting in a single-family dwelling instead of the RMF and sort of down-zoning the developmental rights, and one thing the applicants did not really har? on, which they could have, is they are not enjoying a property riq~t that others are enjoying on adjacent properties. He said he was in favor of granting this variance. l 1 -' , OOARD OF ADJUSTMENT APRIL 27, 1995 MOTION Erickson moved that Case #95-3 be granted an open space variance, DeLuca seconded, vote commenced and was unanimous in favor, motion carried. MINUTES APRIL 13, 1995 MOTION Lavagnino moved that approval of minutes be deferred until the next meeting as the Board had just received them. Paterson seconded, all voted in favor, motion carried. ELECTION OF OFFICERS MOTION Lavagnino moved for nominees for Chairman. Paterson nominated Remo Lavagnino for Chairman. Iglehart seconded, vote was unanimous in favor, motion carried. Lavagnino moved for nominees for Vice-Chairman. Charlie Paterson was nominated and motion was called for nominations to be closed. Erickson seconded. Voting commenced, all were in unanimous favor, motion carried. Chairman Lavagnino adjourned the meeting at 6:15 p.m. Respectfully submitted, ~ --rn , ~CDV1.0l() Sharon M. Carrillo, Deputy City Clerk !l. - ~ CITY OF ASPEN BOARD OF ADJUSTMENT APRIL 27, 1995 4:00 P.M. SECOND FLOOR MEETING ROOM REVISED AGENDA I. CALL TO ORDER ROLL CALL II. A. CASE #95-2 GARY MOORE B. CASE #95-3 STAN MATHIS FOR JOHN ELMORE II I . MINUTES APRIL 13, 1995 IV. ELECTION OF OFFICERS V. ADJOURN - , ,......."' NOTICE OF PUBLIC HEARING CASE #95-3 "Sn-1rw (Y)An-t1 S fbe- -:Joilt'1 C"J. rno~ 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 J:,me 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 requestipg 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 Meetinq: Date: Time: April 27, 1995 4:00 p.m. Owner for Variance: Appellant for Variance: Name: Stan Mathis for John Elmore Address: 1202 Porters Neck Rd., Wilmington, N.C. 28405 Location or description of property: 801 E. Hyman, Lot 1-Blk. III Aspen, Colorado Variance Requested: Owner seeks a variance from the required open space in the RMF zone. Will applicant be represented by counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Sharon Carrillo, Deputy City Clerk "".,~ CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE A~IL \~ 19~ CASE # q'S- ~ APPLICANT 5ThN MA11-H(;;> ~O"" c\ctlN C:.t-MfBe.. PHONE 5Z::r,~'~1+7 MAILING ADDRESS ~~ Li11.... BA'SA{...'T) Cot.oR4lX'l f:)\(o'/.../ OWNER JOt-tf-J f::.L/J\o~re- PHONE J~'bCt!'.th 6 . 6b~5 MAILING ADDRESS \Wz.. f'01Z$\ZS ~~f<.OAp, V<4l(;Mlf\lC,-r~ I t-J6 'l-1!7"fOt( LOCATION OF PROPERTY ~Ol~, ~'-(""AN AvE.- - t.~ W (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL? YES____ NO~ ----------------------------------------------------------------- ----------------------------------------------------------------- Below, describe clearly the proposed variance, including all dimensions and justification for the variance. (Additional paper may be used if necessary.) The building permit application and any other information you feel is pertinent should accompany this application, and will be made part of this case. Irte. oW\..lE:.-t<.,. ~\J.,~ AVA1.<..IA/JeIE. F1~OM1}le. ~IReP OI"\Uj ~I"~ Ir-I 1f\~ Rt-'\f toN.~. -nt~ w.R.P~lP'" AI$ Cl)"ll1e, r:.X1f,.11fXJ tfol>Sii'J -(0 /;E- Pel'10/.,.I'7/fW uJA.~ QI19/Of,j A ftMCI<iCJ VAWI(, OF 1 (rJfV {,Cw~r).f!VEJ.\71folJC.H /ft60J)/..lryl. /;1Ip 1-jDT,<J~ W I ~ W6~/tff?k(W1 PI=' 11fe. ="Ire. lUA<'o ~~""Ie-IO~D I?X 1Ct6 tIf'0 FoR I 1'2,. 1,l1GA~, 11te. OJJ~ A<!f~.) 10 MI'J,)'-( OF 11te. ~M~/l{I7ciU'" of 1l+e. ttl"~ ,.,,'":> l.01.:J1!t I't; tt"E.. CDJL,.p ~Ivj;;> A (I), ~o"H-I(!,ft -fle1"MH' ~Ar..v f.l-6/J.~ ""fb~I~~~ ~ lGP ~c;;. Oelc,ll-l/4. 'S-T: J< ','I ApplJ.cant s SJ.gnature 1 /' \...,(';,00 1; _ --------------------------------------------------------------- REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANp,E WILL Ba I! ...,:.. I ~~L:RESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF.I~~ Ld~'~ V-- \f'~~~ ]~~~, C~''j(;"M.. ~g(?a<< ::u1~..r- V "3-)~ ~l~.S.B ~5-~O&(D)(~)(\-~~~J~, c,ce..." ~~~c-fJ~ . tD ~ [1.Ul~ C"- ~b (;?off'- ~J ~O p..e<- 5; {a~~~ 0v0 '^- G '\ ~'t....~' ~ Jv.c4{,U<J ~ ~ S'foc~ ~ ~ 5-'0\ o~<;~JQ/ ~~ Cu~1 () 'rrf\. ./J DATE PERMIT DkNIE~ L( ('l;ly ( OFFICIAL I ';;:WV\, ,~'>- .......- DATE OF APPLICATION yll~/<'l~ HEARING DATE G? , I ~,,",e.. \ ~t ~(!.,t1; 2 o~-2.. m ANt:;) Al.-LfC, Y \ ~ DK:/--re,\<'"To ~EA-r A ~lJ.ll,rJ'Te.~I<.PhN:lp_Ao-[ u~AA' AOOOU-;'-IC'At.,l?ot!.VlleJtu<.. .1ftE.~/ep 411.E:AqJ-n+~ . .., ~Cll\JA(, ~~G(e.1T'f1/D1f: W/.>I::> A DIt<.e<YT~L.;J'" iQf.~ta. H-Fb ou ~t)t~EMrMJft... , ,,_ h &)OI<ICINAl.. 611<.U,-r 'Ir... OI\L~ a:"111f!. ~~I~T~"n~s " u_I~,6.~P~__o.uo. mo.nu_ U__UO. __~1kW~ 14 ""fAf<t1\~~CA~~~PIr<.t.GJTl..y A~_c;.._17fE- ~~ 'u ~1ff/:. lhr} WHfA) 8~eo) WA"S'FU::6-nelarrw-rP~/~(,e> , _u ~(vY ~~D ~lW1") eV~~1013&H l..O<!JArTfO 1A9':m~ RMF ~~, 'f:JU; Ar'fAOlteD : MWA- F~~ ~-re~ __ _ ... ...____...____ ... m___.._____ __.. ... ____.____________.._m , M'flr' 6 - $I-re. P1Jo.~ ,A1r;p1aOJEr.>,~ rtft,. ;.. ADJACENT HOMEOWNERS TO 801 E. HYMAN l. Neligh Coates c/o Coates Reid and Waldron 720 E. Hyman Ave. Aspen, Co 8l6ll 2. William Carr, Trustee Box 341 Carbondale,Co 81623 3. Fred and Barbara Martell 702 E. Hyman Ave. Aspen, Co 8l6ll 4 . Robert Baum 35 Mayflower Drive Tenafly, N.J. 07670 5 . Dana Cohen 6500 Rock Springs Drive Bethesda, MD. 20817 6. Stephen and Elissa Salzman l50l Beacon Street, Apt. 1902 Brookline,MA 02146 7. Red River Valley Investments 408 st. Peters st. ,Suite 440 st. Paul, MN 55102 8. Raymond and Jessie Bates 819 E. Hopkins Aspen, Co 8l6ll 9. Michael and Teresa Knode Rt. # 1 3494 E. Road Palisade,CO 81526 lO. Monika and Carlos Olivares 820 E. Hyman Ave. Aspen, Co 8l61l 1l. Stephen A. Abrams Living Trust l2840 W. Sunset Blvd. Los Angeles, CA 90049-3724 l2. Aspen/Pitkin Housing Authority 530 E. Main st. Aspen, CO 81611 13. Hannah Dustin Building Association P.O. Box 2238 Aspen, CO 8l6l2 l4. Bell Mountain Limited Liability 720 E. Cooper Aspen, CO 8l6ll l5. simon and Nora Kelly 0018 Lupine Drive Aspen, CO 8l6ll 16. Weston and Susan Anson Box 8472 La Jolla,CA 92038 l7. Aspen Skiing Company P.O. Box l248 Aspen, CO 81612 18. Phyllis Coors Panorama Estates Rt. 5,Box 763 Golden,CO 8040l 19. Bart and Cathy Morris lOOl Howard Ave.,35th Floor New Orleans,LA 70113 20. Catherine Peterson 2309 Gadd Rd. Cockeysville,Md.2l030 2l. Peter and Rochelle Berman l002l Ormond Road Potomac, Md. 20854 22. Bruce Michelson Revocable Trust 7701 Forsyth,Suite 900 st. Louis, Mo. 63l05-l8l3 23. Mason and Brenda Simpson 25 Saddleback Rd. Teqesta, Fl. 33469 24. Gregory Boelens and Mary Upton Box 2360 Aspen, Co. 8l6l2 25. Joseph and Anna Marie Carrillo 236 Henry street Brooklyn Height, Ny ll20l 26. Fredrick Karsten and Douglas Hill 5305 Wriley Road Bethesda ,Md. 20816 27. Karen and Alan Berkowitz P.O. Box 35 Brooklandville,MD 21022 28. Beverly Ensign and Muriel Delapane 88 Indian Springs Drive Forsythe, GA 31029 29. Riggs and Yvonne 32415 Burlwood Drive Solon,OH 44139 30. James and Julia Price 32670 Woodsdale Lane Solon, OH 44139 3l. Laurence Wolf 22750 Woodward Ave. # 204 Detroit,MI 48220 32. Craig Schubiner l600 Maddy Lane Keego Harbor,MI 48320 33. John Correia 6730 East Northwest Highway Dallas, TX 7523l 34. Robert Bowden l370 Mt. View Drive Aspen, CO 8l6ll 35. Viyian Franco 805 E. Cooper # 7 Aspen, Co 8l6ll 36. William and Martha McLauglin 805 E. Cooper # 10 Aspen, Co 81611 37. Dasha Belkova Revocable Trust 3410 Galt Ocean Drive, Apt. # 1500 Ft. Lauderdale, Fl. 33308 38. Gerald and Rosemary Krans Fourth Financial Mortgage Co. P.O. Box l069 Wichita,KS 67201 39. Ted Koutsoubos 419 E. Hyman Ave. Aspen, Co 8l6ll 40. John Vavrel 819 E. Hyman ,Apt # 4 Aspen, CO 8l6ll 41. Karen Haywood P.O. Box l2ll5 Aspen, CO 8l6l2 42. Patricia Seifert P.o. Box 2262 Aspen, CO 81612 43. Gerald and Annette Krans Fourth Financial Mortgage Company P.O. Box 2385 Venice,CA 90294 44. Penelope Somple 3035 Calla Driye Santa CruZ,CA 95062 45. Barbara Hearst l3l Treasure Hill Rd. South Kent,CT. 06875 46. Frank and Annette Daly Michael Daniel Productions l555 N. Astor Chicago,IL 60610 47. Michael Kravitz 6406 Brentfield Drive Dallas,TX 75248 48. C.L. Myrin Jr. 300 Puppy Smith ST. # 205 Aspen, Co 8l6ll 49. Angus Anderson P.O. Box 557 Aspen, Co 8l6l2 50. Jeffery and Jennifer Sellon 949 Forest Ave. Rye,Ny l0580 51. Robert Blitz and Joan Antonelli 2455 Del Lago Dr. Ft. Lauderdale,FL 33316 52. Colin Chapman 627 Rio Grande Place Aspen, Co 8l6ll 53. Madeline Lieb Trust 800 E. Hyman Ave. # A Aspen, Co 8l6ll 54. Phyllis Hess P.O. Box 8582 Aspen, Co 8l6ll 55. Jeffery Miller P.O. Box 4625 Aspen, Co 81612 56. Chad Nellis P.O. Box 8144 Aspen, Co 81612 57. Patricia KaneD l48 Sandy Pond Rd. Lincoln,MA Ol773 58. Philip Shiekman l2 South l2th St. 22nd Fl. PSFS Building Philadelphia,PA 19107 59. Joseph Ricchivti 558 North 23rd st. Philadelphia,PA 19l30 60. Robert Ross l7030 Nanes Dr. Ste. 214 Houston, Tx 77090 6l. Michael and Teresa Knode Rt. # 1 3494 E. Road Palisade,CO 81526 62. Howard Adams P.O. Box 11774 Aspen, Co 8l6l2 63. AJAE Limited Patrnership A Colorado Partnership l50l N. Pierce, Suite ll2 Little Rock, AR 72207 64. Greg Sherwin and Christine Elkins l020 E. Hopkins, # 26 Aspen, Co 8l6ll 65. Miki P.O. Box 444 Aspen, Co 81612 66. S.J. and Barbara Glauser 230 Halmor Dr. Sarasota, Florida 67. Gloria and Michael Goldman l603 West Ina. Rd. Tuscon, Az 85704 68. Robin Molny 835 E. Hyman Apt.E Aspen, CO 8l6ll 68. Michaela and Alfred Crumley 835 E. Hyman Ave. Apt.D Aspen, Co 8l6ll 69. Cheryl Schmidt and Michael Olander P.O. Box 2768 Aspen, Co 8l6l2 69. Adrian Dorworth Box 2694 Aspen, Co 8l6l2 70. Judith Taylor 533 E.Hopkins "B" Aspen, Co 816ll 71. Armond and Susan Chaput 3426 Westcliff Rd. South Fort Worth, Texas 76109 72. Smith Sawyer Jr. 835 E. Hyman Ave. Apt L Aspen, Co 8l6ll 73. Galen and Mary-Lou Martin 500l Hopewell Road Louisville, KY 40299 Dear Bill and Remo etal, April 20, ~ It' \ \qq~ ~~\\ ~ , , "~I I .~ ' " . ,....... .. I " (>,'" ":?~&9'\;-'S' " f' ,- ..... I),.,. ' '\ ,'" ','1 SPC\; \'< ----..-..... To: Aspen Board of Adjustment CIO Bill Drueding and Remo Lavagnino From: Greg Sherwin, Owner of Unit 2, Original St Condos, Aspen, Co. Re: Notice of Public Hearing Case #95-3 In response to this notice, I am concerned that the requested variance by Stan Mathis and John Elmore will bring any structure that they propose to build closer to my unit and thus diminish my privacy and my view. The main view of Unit 2 is from my livingroom window which looks north directly across that property. Therefore any second story or buildout which brings the proposed structure closer to the alley, and thus my unit, would diminish my view, privacy, and potentially make it noisier for the occupants. Therefore I oppose any such variance or structural additions which would cause me these problems. Please take my objections into account in considering this variance request. I will be out of town, in Mexico, until May 5, 1995, and will thus be unable to attend the meeting on April 27th. I hope that this letter will suffice. Si~~, J~ Greg Sh~in 925-6686 GREG SHERWIN 1020 E. HOPKINS AVE. #26 ASPEN, CO 81611 C.C. Rick Neiley NOTICE OF PUBLIC HEARING CASE #95-3 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 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 requestillg 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 Meetinq: Date: April 27, 1995 Time: 4:00 p.m. Owner for Variance: Appellant for Variance: Name: Stan Mathis for John Elmore Address: l202 Porters Neck Rd., Wilmington, N.C. 28405 Location or description of property: BOl E. Hyman, Lot l-Blk. III Aspen, Colorado ' Variance Requested: Owner seeks a variance from the required open space in the RMF zone. Will applicant be represented by counsel: Yes: No: X The City of Aspen Board of Adjustment l30 South Galena Street, Aspen, Colorado Bl6ll Remo Lavagnino, Chairman Sharon Carrillo, Deputy City Clerk ArT' ~E'rJt Vio.e41.,ttt /1 r) - '" :b tt Cc-v-v....."Xi ~"r-~ ~ . L1C NOTICE IT REVIEW OF D STATES I c:::-7! (]) \-L1 C:V-~ ,\\U~ \ STAN A. MATHIS State of Colorado ) ) ss County of Pitkin This signature was acknowledged before me, the undersigned Notary Public this 27TH DAY OF APRil, 1995 by STAN A. MATHIS (t/ll/lf8")'ltJfJ expff5.' :5--/'j, tj(P 6-~~ C-;1bIa~r ) (.< bite ~ot n1 g 3 / ,1speJ-[ e () Y'1ft, 1:2-- STA~ ~m1{ls ARCHITEcruRE AND PLANNING POS1 Otflce 80x 1984 Aspen Colorado 81612 303/920- 1434