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Home My WebLink Aboutlanduse case.boa.925-1/2Gibson.015-94 ~-"---~ - - '~ f"y'.4-;- 4 ~ if)-:..N' ,'i~J:F . .:' .;!A;,i;;l" J' ,,,.:.0 " . .. ""''''', NOTICE OF PUBLIC HEARING CASE #94-15 ANN MARSHALL 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 Meetinq: Date: NOVEMBER 17, 1994 Time: 4:00 p,m, Owner for Variance: Appellant for Variance: Name: ANN MARSHALL Address: 925 AND 1/2 GIBSON AVE. ANN MARSHALL Location or description of property: 925 AND 1/2 GIBSON AVE. Variance Requested: PROPERTY IS LOCATED IN THE R-15 ZONING CATEGORY. FRONT YARD SETBACK FOR AN ACCESSORY BUILDING IS 30 FEET. SECTION 5-202(D) (4) ASPEN LAND USE CODE. APPLICANT APPEARS TO BE REQUESTING A 14 FOOT VARIANCE INTO THE FRONT YARD IN ORDER TO BUILD AN ACCESSORY BUILDING. Will applicant be represented 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 . state of Colorado } } ss. } AFFIDAVIT OF NOTICE BY POSTING OF A VARIANCE HEARING BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT (Pursuant to section 6-205(E} (b) of the Muni- cipal Code) County of pitkin The undersigned, follows: being fi~\ ::(: deposes and says as I, ~~/~ D , 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 that the said sign was posted and visible continuously from the 0 day of y~'-S~ I.o=r , 19ti, to the ~l day of _)\J;.N ~/ (:r---r- , 19 c;:f (Must be posted for at leas hearing date) . s before the nt's signature Subscribed and sworn to before me this ____ day of 19____, by (Attach photograph here) WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary public's signature Address CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE 19q4 CASE # qtf~/b '1"2. S - 34-1.4: ~F'/\ (000 1 Sere"IA\::e-r 'UJ, APPLICANT AVlV\ MC\~lAV\ ~ 1 MAILING ADDRESS O\:z.s> 1/ &> ~J.?1~ \J\ OWNER 0~vv1t""_ PHONE fNe ~ PHONE MAILING ADDRESS LOCATION OF PROPERTY .-:12.. s l/-z.. (<? I ~ V\ As" e- . (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. C; e e A ttC{C,V\ \NK?1J\+~ Applicant's signature ~la lNr. 0.0 () ----------------------------------------------------------------- REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMEi,NT STAFF. {'~1N'~";" 9..ec~ ~ ~ \?--\.S'" '3~ ~G~ ~ "f Ju0- VIfNL~\;,...&L ~, Cl^"--~~ u- 30~--\; ~~~202.-lD)[4_) ~~ ~ 1Mfc& ~~,(kt ~~I\P ~ k Nf~~ ~ li -tt- "'-~ ~ X 15..- ~Vj,N~ ~O\~-\e ~~ ~ ~'~ t-~ ' DATE PERMIT DENIED q OFFICIAL ~~ ... DATE OF APPLICATION HEARING DATE VARIANCE REQUEST September 20 1994 To: Board of Adjustment ApplicanUOwner: Annie Marshall 925 1/2 Gibson Ave. Aspen, CO 81612 Subject: Proposed Variance Description for Unit 2, Urban Blight Condominiums There are special conditions and circumstance unique to this property located at the intersection of Gibson Avenue and Neal Street within the Aspen City Limits. These conditions are in part that this parcel is essentially a three sided condominiumized property that requires an interpretation and or a variance to establish the front and side yard requirements. (refer to the Plat Map - attachment "A") Also, the applicant (unit 2), is entitled in the condominiumization agreement to the exclusive use of one third of the property. However, the existing plat map indicates the following: Description Total Lot Area Existing Unit 1 Parcel Existing Unit 2 Parcel Area 27,966 s.f. 21,094 sJ. 6,872 sJ. Percent 100% 75% 25% The applicant intends to modify the condominiumization plat map to show "Limited Common Elements" for Unit 2 to be a full one third of the lot area as follows: Description Total Lot Area Proposed Unit 1 Parcel Proposed Unit 2 Parcel Area 27,966 sJ. 18.737 s.f. 9,229 sJ. Percent 100% 67% 33% New boundaries, indicating additional common area for unit 2 will be shown on a site plan when the project is submitted for a building permit. The revised plat will include the area of the proposed garage within the L.C.E. 2 area. The modification of the condominiumization plat map is a separate issue from the variance request. However, a 25 foot front yard setback applied the full perimeter bounded by Gibson and Neal would enclose approximately 41 % of unit two's 33% exclusive interest. This is a hardship that is exacerbated when the 30 foot setback, which is the minimum front yard for accessory buildings is applied. Unit 2 is only 876 s.f. and has limited space for off street parking. The applicant proposes to build an accessory building to the south of the existing Unit 2 for a single car garage, storage space and an artist's studio. The location is indicated on attachment "B" and would: . Not impact the views from the existing unit Use the existing driveyvay entrance , Provide additional off street parking , Adapt to the unique parcel configuration . Avoid unnecessary practical difficulties unique to this parcel The applicant proposes to build the new detached garage on a 45 degree axis as indicated with the east corner located 16'-0" from the property line. The building would be in conformance with the side yard setback requirement for accessory buildings because the corner is 6'-0" greater than the 10'-0" minimum side yard requirement. The angling of garage allows for a vehicle to maneuver itself so that does not have to back out into the intersection. CONCLUSION: Because of the hardship caused by the unique shape of this property; the Board of Adjustment is requested to provide interpretation and or grant a variance with conditions as necessary to allow for the applicant to submit plans for a building permit for the proposed project as indicated on attachment "B". If there are any questions or additional information needed please contact David Hauter, Architect at 928-0663. Sincerely, aw'V-. \",tw1\l.w 0 Annie Marshall, Applicant 2 VARIANCE REQUEST September 20 1994 To: Board of Adjustment Applicant/Owner: Annie Marshall 9251/2 Gibson Ave. Aspen, CO 81612 Subject: Proposed Variance Description for Unit 2, Urban Blight Condominiums Property owners within a 300-foot radius of property: 1. Brebuer, Richard 124 Maple Lane, Aspen, CO 81612 (SMHP) 2. Brooks, Laura & 112 Maple Lane, Aspen, Co 81612 (SMHP) Cox, Robert 3. Candreia, Joseph 1525 N. College Ave., Tulsa, OK 74110 (930 King) 4. Carrol, Edward Box 969, Leadville, CO 80461 (SMHP) 5. Chrisopher, Michael 130 Maple Lane, Aspen, C081612 (SMHP) 6. Coates, Neligh Jr. 720 East Hyman Ave, Aspen CO 81261 (855 Bay St - Creektree Subdiv.) 7. D'ari, A. T. Box 2178, Aspen, CO 81612 (SMHP) 8. Lowenstern, Carol 910 Gibson; Aspen, CO 81611 9. Maple, Charles & 927 Gibson Ave., Aspen, CO 81612 Maple, Bryce Hughes Addition 10. Marshall, Ann Box 10894, Aspen, CO 81612 (Urban Blight) 11, Meloy, Lawerence & Mary 118 Maple Lane, Aspen, CO 81612 (SMHP) 12. Owen, Ken & Jane Trust Box 88, Chapman Ranch TX 78347 (175 Neal Ave) 13. Peterson, Ann Byard 35 Locust, Mill Valley, CA 94941 (860 Gibson) 14. Rapp, Constance Box 2270, Aspen, CO 81612 (SMHP) 15. Shoaf, Jeffery Box 3123, Aspen, CO 81612 (117 Neal Ave) 16. Simpson, Patricia 116 Maple, Aspen, CO 81612 (SMHP) 17. Smalls, Ray Box 3197, Aspen, CO 81612 (SMHP) 18. Strobl, Mario Box 9774, Aspen, CO 81612 (SMHP) 19. Sunnybrook Colorado Inc. 210 Mill St., Suite 201, Aspen, CO 81612 Krabacher, Hill & Edwars Hughes Addition 20. Tererco Corp. 4400 One Willow Center, Tulsa, OK 74172 (Herron Park) 21. Teuscher, Jonathan 126 Maple Lane, Aspen, CO 81612 (SMHP) 22. 23. r ". Warming, Solvig Whipple, Ralph & Lynne / . Box 5179, Aspen, CO 81612 (SMHP) RUW Const. Inc., 413 Vine St., Aspen CO 81612 (855 Gibson Ave.) 2