HomeMy WebLinkAboutlanduse case.boa.523 W Francis St.003-94
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CITY OF ASPEN
BOARD OF ADJUSTMENT
MARCH 24. 1994
4:00 P.M.
SECOND FLOOR MEETING ROOM
AGENDA
I. CALL TO ORDER
ROLL CALL
II. CASE 194-3
LUCY DIKEOU
(AMY AMIDON HAS ASKED YOU TO HEAR THIS CASE FIRST AS
SHE HAS A MEETING IN REDSTONE SHE HAS TO GET TO)
III. CASE '94-2
EUROPEAN FLOWER MARKET
IV. MINUTES
FEBRUARY 3, 1994
V. ADJOURN
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CITY OF ASPEN
BOA.$J OF ADJUSTMENT
DEVELOPMENT APPLICATION
DATE rt\A-f!. q . 19 't 4 CASE it 9Lf-3
APPLICANT JA~ \J lCke:.R...l.f 1 re'P"'esen+cr+-iv~ PHONEcr~ 5.':>~o
MAILING ADDRESS \00 <So<m+ S'Pp..I~~ ~-r. ~ s ~ ~PEtJ
OWNE~ _Lt:J(.'( DlKE.OU. PHONE QW-1oSS
MAILING ADD~SS '2.5 Po\..o C l..\j~ C\f~.t.\..!C., 06NVe.r, C1:; ~o2O'f
LOCATION OF PROPERTY 6'2.~ IJ). 'f~c t~ '71':, lPI~ p~ Eo Blk:- U
(Street, Block Number.and Lot Number)
WILL YOU BE REPRESENTED BY COUNCIL? YES X
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.
~ 4:i1b tlMa0e4.
App'icant's Signature ~)~~
------------------------------------------- ------------ --------
REASONS FOR DENIAL OF BUILDING PERMIT. BASED ON THE ASPEN CITY
CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE
PRESENTED TO THE B?F BY THE ZONING DEPARTMENT STAFF.. . . t Oa? c- ~
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DATE PERMIT DENIED - ~ q q, U\
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DATE OF APPLICATION 'J\ ,,\,\ <\ L{
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OFFICIAL ~
2-/
HEARING DATE
NOTICE OF PUBLIC HEARING
CASE '94-3
LUCY DIKEOU
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 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: MARCH 24, 1994
Time: 4:00 p.m.
Owner for Variance:
ADDellant for Variance:
Name: LUCY DIKEOU
Address: 25 POLO CLUB CIRCLE
DENVER, COLORADO 80209
JAKE VICKERY
Location or descriDtion of DroDertv:
523 W. FRANCIS STREET, LOTS D & E, BLOCK 28
variance Reauested: PROPERTY IS LOCATED IN THE R-6 ZONING
CATEGORY. LOT SIZE IS 6,000 SQUARE FEET. MAXIMUM SITE COVERAGE
IS 2,400 SQUARE FEET. SECTION 5-201(D) (6) AMC. TOTAL SIDB YARD
SETBACK REQUIRED IS 15 FEET. SECTION 5-201(D) (5) AMC. APPLICANT
APPEARS TO BE REQUESTING A 293.8 SQUARE FOOT SITE COVERAGE VARIANCE
AND A 5 FOOT TOTAL SETBACK VARIANCE.
will aDDlicant be reDresented bv counsel:
Yes:
No: X
The City of Aspen Board of Adjustment
130 South Galena street, Aspen, Colorado 81611
Remo Lavagnino, Chairman Jan Carney Deputy City Clerk
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A K E
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Dikeou Variance Request
March 8, 1994
As part of a larger request, the applicant previously applied to the Board requesting a
variance permitting a 2 story addition containing a garage and an upper level bedroom
suite. Case number 93-17; Hearing date was September 30, 1994. This portion of the
requested variances was denied because of no clear demonstration of hardship.
This property is on the Historical Inventory and is protected by the Historical
Preservation Commission. The applicant recently sought and obtained the guidance
and support of the HPC in this matter. With this revised application she is retuming to
the Board with a clear demonstration of hardship and a reduced concept.
This application requests a variance allowing an additional 293.8 sf of site coverage
and a reduction of the minimum total side yard to 10 feet along the rear 27.5 feet of the
site for the purpose of adding a minimally sized 2 car garage. The garage is 20 feet
wide and 22.5 feet deep for a total area of 450 square feet. It is one story,
approximately 10.5 feet high, has a flat roof with a 3 foot high perimeter decorative
railing. Allowable coverage is 2,400 sf. Existing coverage is 2243.8 sf. Available
coverage is 156.2 sf.
This property is rated "Supporting" on the Inventory. Literal enforcement of the
dimensional requirement of the code are in conflict with the restrictions placed on
demolition and development of this property by the HPC. These restrictions create an
undue hardship on the owner.
Without the requested variances a portion of the historical structure would have to be
demolished to accommodate the garage and existing space would have to be relocated
to the second story of the house. This would further impact the integrity and one story
scale of the historical structure. HPC typically discourages or denies demolition of
historical structures.
At a work session on January 26, HPC voted to support the addition of the garage to
the rear in such a way as to not impact the historical structure. Please see quotes
below from this meeting. It is the goal of HPC to preserve historical structures and to
upgrade them for current living requirements in a way that has the least impact on
historical integrity of the structure and its neighborhood.
(continued)
100 SOUTH SPRING ST. #3
POST OFFICE BOX 12360
ASPEN, COLORADO 81612
TELEPHONE / FACSIMILE
(303) 925-3660
,
,
Specific Replies:
1. By responding to the directives of the HPC and providing enclosed parking on
site, this proposal is in the general public interest and conforms to the goals of
the Aspen Area Community Plan.
2. The special conditions of this site is the existence of an inventoried one-story
historical structure which is setback substantially from street.
3. Allowing construction of a 2 car garage does not pose any special benefit not
allowed other similar properties.
SUMMARY
The garage can reasonably go in only one location on the property without causing
disruption to the historical structure. This placement requires the requested variances.
To stay within the allowable coverage, demolition and substantial alteration of the
historical structure would have to occur and replacement space added in a second
story structure. This would endanger the integrity of the historical structure and most
likely be denied by the HPC. Literal enforcement of the requirements of the code is in
conflict with HPC directives and creates a hardship on the owner which is resolvable
only by granting the requested variances.
Selected quotes from the January 26 HPC work session minutes follow:
BILL POSS (Chairman): "The hardship would be that with regards to the historical
structure that is on the inventory it would be more compatible to add onto the back
which would create the need for additional site coverage variance (and side yard
variance) and it is a hardship that they have an historical structure. We don't want
them to add on so that it imposes on the nature of the smaller structure. That is where
HPC comes in and gives support that it is a hardship that it is an historical structure and
that HPC would prefer to see the addition onto the back and that creates the site
coverage problem. HPC is in support of seeing the addition to the back as to imposing
on to the historical structure. "
AMY AMIDON (Staff) : " Portions (of the existing house) could not be tom down
without approval. I am willing to work with them so that they don't have to have an ADU
and I would much prefer to see the small addition on the back rather than removing
portions of the existing structure."
MOTION: Bill made a motion to direct staff to do a memo in support of the addition to
the back of the house; All in favor, (unanimous).
Jake Vickery
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MEMORANDUM
TO: Board of Adjustments
FROM: Amy Amidon, Historic Preservation Officer
RE: 523 W. Francis, Dikeou application
DATE: March 24 , 1994
The Historic Preservation Committee discussed the Dikeou' s request
for a site coverage variance on January 26, 1994 .
The applicants have two possible options for achieving the site
coverage needed for the garage. Through the "cottage infill"
program, they could apply for Landmark Designation and the HPC
could award them a 5% site coverage variance as long as the
additional construction included employee housing (an ADU. ) It is
somewhat unlikely that this house could meet the standards for
Landmark Designation. It appears that the portion of the house
which sits on Lot D is historic, but the portion of the house on
Lot E is either part of the Victorian h^use which once stood on
that lot, or it was constructed sometime within this century.
The applicant' s second option is to request a variance from the
Board of Adjustments. The Historic Preservation Committee
unanimously recommended that the BOA approve the Dikeou' s variance
request. Rather than have the Dikeou' s achieve their additional
space needs by placing a second story on the historic structure,
the HPC would much prefer that the building retain its small scale
and that a one story garage be attached along the south.
Staff would support a restriction on the property, preventing a
second story from being placed on top of the garage in the future.
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HISTORICAL RESIDENCE t
I EXISTING FOOTPRINT
SEE SURVEY FOR ADDITIONAL INFORMATION _
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di OF
EDIKEOU FRESIEDENCE
523 WEST FRANCIS N )AKI VICKERY
FED(
GARAGE ADDITION ls to Is w
PROPOSED SITE PLAN
APPIDAVIT OF Mp,ILING
CASE #94-3
LUCY DIKEOU
I have complied with the notice requirements of Section 6-
20S (E) (3) (C) of the Aspen Land Use Regulations of the Aspen
Municipal Code by mailing of notice, a copy of which is attached
hereto by first class, postage prepaid, U.S. Mail to all owners of
property within three hundred (300) feet of the subject property
on March , 10 , 1994
STATE OF COLORADO )
Ss
COUNTY OF PITKIN )
The foregoing Affidavit of mailing was signed before me this
10th day of March y9q
WITNESS my hand and official seal.
My commission expires:
12-31 -98
P& Notary Public
O. '•��
®F.CO;�04P
NOTICE OF PUBLIC HEARINGS
CASE #94-3
LUCY DIREOU
BLFORE THE CITY OF AS?EX BOARD OF ADJUST'MNT
TO ALL PROPERTY OWNERS AFFpECTED 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 Maetin_Q:
Date: MARCH 24, 1994
Time: 4: 00 p.m.
owner forva=iaftce: .Appellant for Variance:_
Name: LUCY DINEOU JAyE VICKERY
Address: 25 POLO CLUB CIRCLE
DENVER, COLORADO 80209
Location or descri2tiOn Of property:
523 W. FR.UNCIS STREET, LOTS D a E, BLOCK 23
Variance Requested: PROPERTY I3 LOCATED IN THE R-6 ZONING
CATEGORY. LOT SIZE I3 6,000 SQQA.�E FEET. MAX1.14UM SITE COVERAGE
IS 2,400 SQUARE FEET. SECTION 5-201 (D) (6) AInC• TOTAL SIDE YARD
SETBACX REQUIRED IS IS FEET. SECTION 5-201(D) (5) AMC. APPLICANT
APPEARS TO BE REQUESTING A 293 .8 SgUAR.E FOOT SITE COVERAGE VARIANCE
AND A 5 SOOT TOTAL SETBACX VARIANCE.
will applicant be represented by counsel: Yes: _ No:The City of Aspen Board of Adjustment
130 South Galena Street_, Aspen, Colorado 81611
Remo Lavagnino, Chairman Jan Carney Deputy City Clerk
P.C. & Bob Tapper George Vicenzi Richard Gold
5 Polo Club Drive Box 2238 300 St. Pierre Rd.
Denver, CO 80209 Aspen, CO 81612 Los Angeles, CA 90024
.pies P. Iglehart David Zimman VEJ & AD Partnership Ltd.
610 West Hallam 126 Pine Drive Box 317
Aspen, CO 81611 Fairfax, CA 94930 Aspen, CO 81612
Charles L. Hall Mile High Holding Co. June Simmons, Neena Bixby
Box 1819 1991 E. Alameda #9 1455 Green Ridge Drive
Aspen, CO 81612 Denver, CO 80209 Beverly Hills, CA 90210
Murray Gell-Mann 518 W. Francis LP, a Charles B. Isreal
452-48 California Inst Colorado Limited Partnership P.O. Box 11689
Pasadena, CA 91125 615 Peachtree, Suite 1150 Aspen, CO 81612
Atlanta, GA 30308
John C Oxley Trust Irving & Rochelle Azoff Richard Becker Kendall
ATTN: Barbara Walker 244 Ladera Drive Lisa See Kendall
1 W. Third, Ste. 1300 Beverly Hills, CA 90210 17975 Porto Marina Way
Williams Tower Pacific Palasades, CA 90272
Tulsa, OK 74103
-)rge L. Carisch Thomas J. Hoffmaster L Irvin Barnhart
ron G. Carisch c/o Mill Creek Farms Suite 333, 2121 Sage Road
-,/60 Lakeview Avenue RR # Range Line Road Houston, TX 77056
Excelsior, MN 55331 Clintonville, WI 54929
Lewis A. Teague
Cecil & Noelle Hernandez c/o Business Management Ann S. Bowers
432 West Francis Street Office Robert N. Noyes
Aspen, CO 81611 4605 Lankershim Blvd. #325 1570 Emerson St.
North Hollywood, CA 91602 Palo Alto, CA 94301
Donald G. Swales John Kerrigan Roger H. Hunt
Suzanne U. Swales Patricia Kerrigan Box 3944
Box 1596 1850 White Swan Drive Aspen, CO 81612
Aspen, CO 81612 Oshkosh, WI 54901
Walter F. Bauer Family
Trust Elsa Fischer Emerson Ltd. , a Colorado
c/o Walter & Donna Bauer 525 West Hallam Street Limited Partnership
15935 Valley Vista Aspen, CO 81611 533 West Hallam
Encino, CA 91436 Aspen, CO 81611
Robert I. Blaich R Brill & Elizabeth R Key Sally Rae Glenn
Janet S. Blaich 506 W. Hallam Street 504 West Hallam Avenue
qi9 North Fourth Street Aspen, CO 81611 Aspen, CO 81611
,.n, CO 81611
Don N Stapleton John F. Shafroth Carol Reed
David E. Stapleton Diana H. Shafroth 950 W. Berwyn, Suite 8
P.O. Box 5246 333 Logan Street #220 Chicago, IL 60640
Snowmass Village, CO 81615 Denver, CO 80203
Steven Craig Gordon
Sandra Diane Gordon Robert M Chamberlain Jr John E & Nancy M Thorpe
343 E. Jefferson Blvd. 420 West Francis Street 615 West Francis
Los Angeles, CA 90011 Aspen, CO 81611 Aspen, CO 81611
..ie J. Austin Linda McCausland
601 West Francis Street P.O. Box 1584
Aspen, CO 81611 Aspen, CO 81612
AFFIDAVIT OF NOTICE BY POSTING OF A
Countyjof Pitkin } VARIANCE HEARING BEFORE THE CITY OF
} ss. ASPEN BOARD OF ADJUSTMENT (Pursuant
State of Colorado } to Section 6-205(E) (b) of the Muni-
cipal Code)
The undersigned, being first duly sworn, deposes and says as
follows: I \ ,
I, �J V �i�- being or
representing an Applicant before the Pitkin County Board of
Adjustment, personally certify that the attached photograph
fairly and accurately represents the sign posted as Notice of the
variance hearing on this matter in a conspicuous place on the
subject property (as - it could be seen from the nearest public
way) and thiW the said sign was posted and visible continuously
of 0
from the day of fti , 19 L
to the 24- day of f V I 19 .
(Must be posted for at least ten (10) full days before the
hearing date) . n
- ,-A"I plicant's Si nature
Subscribed and sworn to before me
this ��-day of 'j'✓kL1C�LJ ,
19 94 , by
- ITNESS MY HAND AND OFFICIAL SEAL.
y Commission expires:
<�r
Notary Public' s Signature
Pty B&J4-1,
Address
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_ - 1
11
To Whom it May Concern
I live directly across the street from the 523 West Francis. I have reviewed their
proposed plan and support granting them the variances they request. Parking in a garage is
much preferred to cars parked on the street or in the front yard. We feel the historical house
and trees contributes to our neighborhood.
hff/"o /d.
Charles Israel
522 West Francis
Aspen, Colorado 81611
avh\Itrs\israel.I