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HomeMy WebLinkAboutlanduse case.boa.100 E Bleeker St.010-92 #", ...,/ NOTICE OF PUBLIC HEARING CASE #92-10 ED GROSSE 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 Council 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: Time: AUGUST 13, 1992 4:00 p.m. Owner for Variance: Appellant for Variance: Name: ED GROSSE Address: 100 EAST BLEEKER SVEN ALSTROM, ARCHITECT Location or description of property: 100 EAST BLEEKER Variance Reauested: APPLICANT HAS REQUESTED ENCROACHMENT LICENSE FOR EXISTING GARAGE WHICH ENCROACHES 1 FOOT 10 INCHES INTO ALLEY RIGHT-OF-WAY AND 1 FOOT 5 INCHES INTO GARMISCH STREET RIGHT-OF- WAY. ORDINANCE #11 (SERIES OF 1992) REVISED SECTION 19-5 OF MUNICIPAL CODE TO ASSIGN ENCROACHMENT LICENSING TO CITY ENGINEER WITH APPEAL TO BOARD OF ADJUSTMENT. THE CITY ENGINEER DECLINED TO LICENSE THE ENCROACHMENTS. THE APPLICANT IS APPEALING THAT DECISION. Will applicant be represented bv counsel: Yes: X No: The city of Aspen Board of Adjustment 130 South Galena street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk ~""..... ,..." CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE 19_ G.eo ss..c-' CASE 11 APPLICANT go 9-A/l/if/L:. PHONE MAILING ADDRESS ,e'.-?O..-t=. ~,,~~ /4:s-rl9J. {b. OWNER Ev c- ..4..ubL. /~5L-. PHONE 4,:}5-/~g9 MAILING ADDRESS /00 -E. -;?~. .:tS/8V Cb. LOCATION OF PROPERTY ~...e;€.e." ~. ~ S;;-. ~ 8 . (street, lock Numbe and Lot Number) - WILL YOU BE REPRESENTED BY COUNCIL? YES_ NO J./' --------------------------- 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. Sf-'? ATTf>.c.tfVD ~(["6iCS ~ JVL..{ 21 fl~/Wl 'S\J~ AL-srRDI1 1</J D ~D b~JJC.- , Applicant's Signature ------------------------------------~i---'~-----------------~~- REASONS FOR DENIAL OF BUILDING PERMIT. BASED ON THE ASPEN CITY CODE. CHAP.rER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF. DATE PERMIT DENIED OFFICIAL DATE OF APPLICATION HEARING DATE ~"'. ""'" ,j Sven Erik Alstrom AlA ARCHITEGURE . INTERIOR DESIGN '11\ Guly, 1992 Board of Adjustment c/o ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Aspen, Colorado RE: 100 E. Bleeker, ED GROSSE RESIDENCE, Accessory Dwelling Unit/Cottage Infill Program Gentlemen, This letter is to request your review of two encroachment variance requests far the above project. My client, Ed Grosse and I have begun the process to create an additional deed restricted accessory dwelling unit in conformance with the Cottage Infill Progrom. We have met with HPC on July 8 and received there Conceptuol Development Approvol for this project. They hove olso recommended your approvol of the requested varionces herein. We are scheduled for an August 4 public hearing with P & Z for 0 Conditional Use Application also required for this project. After your review we will return to HPC for our Final Development Review hearing. However, at this time we need your favorable finding to continue with this project. Enclosed is a copy of our HPC submittal and a xerox photograph of the existing residence and garage. HPC has unanimously supported this project. Roxanne also feels strongly that this ADU will be a very beneficial addition to the inventory of HPC related projects and serve as a good example for continued additional infill projects. We ore requesting ONLY variances for the existing structure. The entire second floor addition falls within the building envelope required by R6 Zoning. The variance request is the following: Item One: A variance be granted for the existing 1.8 foot encroachment on the alley. Item Two: A variance be granted for the existing 1.4 foot encroachment into the Garmisch Right of Way. I' , Box 551 . Aspen, Colorado 81612 303925 1745 ,..-.... '-....'/ .--.. Board of Adjustment, 7/21/92 p2 The following Standards for a variance have been met: First, We are only requesting a voriance for an existing structure. The conversion of a garage into a two story structure with an Accessory Dwelling unit is considered to be a reasonable use for this Zone District and has been encouraged by the Cottage Infill Program. This is a minimal variance request. Second, Granting these variances creates NO unnecessary or proctical difficulties for safety or planning concerns related to ease of access or use of the alley or anticipated uses of further development along Gormisch. We are not increasing any Existing Non-conformities! Finally, No special priveleges are conferred upon the applicant. This is an appropriate use of the property and has the following public policy support for the project. HPC, we have a unanimous committee support for this project as it is currently proposed. PLANNING & ZONING, we have a Public Policy commitment to support development of Accessory Dwelling units such as this one to provide more Resident Housing with the original townsite. Please review this information and support this conversion of an existing structure to a more beneficial use which does not adversely affect anyone and is in fact supported by both HPC and P & Z policies. Also attached is Mr. Grosse's comments further supporting your approval of these variances. Sincerely, ~!J Sven Erik Alstrom AlA cc: Ed Grosse Roxanne Eflin Kim Johnson ....... /'"'. .....,-...... '!-\ .Je'Ju1y, 1992 Board of Adjustment c/o ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Aspen, Colorado RE: 100 E. Bleeker, ED GROSSE RESIDENCE, Accessory Dwelling Unit/Cottage Infill Program Gentlemen, This letter is in addition to Sven Alstrom's letter, also of this date. I would like to state the following reasons for your grant of the encroachment variations requested: 1 . We have more than adequate space in the alley on this corner lot for safe movements of lorge trucks and equipment in the alley. 2. This project provides additional housing for my employed daughter not now provided by her employer. 3. The existing encroachment allows a Victorian appearance by having the second floor step back which allows a more delicate character and a less vertical wall on the alley. 4. The existing encroachment allows additional storage and closet space for the living quarters above. 5. It becomes cost prohibitive to completely tear down the north and west walls for so few inches of encroachment. 6. The HPC after lengthy review and staff input unanimously recommended that the encroachment remain. 7. Finally, This 1992 HPC Award Winning house exemplifies the delicate, small dimensions of original miner's cottages (1500 sq. ft./no basement) and this very reasonable request for additional space appeors to me to be justified. Please consider all of these factors in support of our project and in allowing these existing encroachments to remain. cc: Sven Alstrom Roxanne Eflin Kim Johnson "',..... MEMORANDUM To: Board of Adjustment From: Chuck Roth, City Engineer (]"f- Date: August 3, 1992 Re: Grosse Application This is your first case under a new ordinance, a copy of which is attached. The ordinance relieved the City Council of the duty of reviewing encroachment license requests and assigned that responsibility to the City Engineer with an appeals process to the Board of Adjustment. An encroachment is a form of trespass where one property owner accidentally or otherwise constructs improvements on an adjacent property owner's property. In cases that the City examines, the encroachments are into the public rights-of-way. Many of these encroachments are errors that have been inherited by current property owners. This is the case at 100 East Bleeker where the current property owner purchased a situation where the existing garage encroaches into the alley right-of-way by 1 foot ten inches and into the Garmisch Street right-of-way by 1 foot five inches. I am attaching a copy of my letter to Mr. Grosse of July 8, which declined the encroachment license request. Attached to that letter is a copy of an encroachment agreement, which you may want to examine, as well as a copy of a current improvement survey showing the requested encroachments. Note that the approximate 1,700 square feet of fenced in yard space was approved by Council in 1985. The new encroachment ordinance did not describe a specific process by which the City Engineer should review an encroachment application. 1 refer applications to about ten city departments for comments. We then have an informal committee consisting of staff members from administration, planning, zoning, streets, public works, or parks department depending on the situation. I declined Mr. Grosse's encroachment request for several reasons. (1) As you can see from the attached license agreement, the typical time for removing an encroachment from public property is at the time of rebuilding or redeveloping. This is that time. The Grosse's would like to take the roof off the existing garage and add an accessory dwelling unit on top. The amount of additional work to relocate the walls back onto private property at this time is minimal. (2) The HPC has examined the application. The garage is a recent structure in historical terms and does not have historical designation. It was reportedly built in the 1960's. (3) The municipal code requires 20' emergency access width. A copy of that code section is attached. The width of an alley is only 20 feet, therefore we are consistent in protecting alley right- of-ways as much as we can. cc: Bob Gish, Public Works Director M92.204 July 8, 1992 Ed Grosse 100 East Bleeker Aspen, Colorado 81611 Dear Ed: Thank you for your considerable time and assistance during our review of your encroachment request dated June 7, 1992. The review committee has agreed that this is an opportune time for relocating the encroaching garage onto private property considering the extent of the work that is proposed for the garage. Therefore I am unable to license the garage encroachments. We would however like to complete the licensing of the fence encroachment prior to construction of the accessory dwelling unit, unless you already have a recorded encroachment license. If you do, please provide me with a copy. If not, please sign and notarize the enclosed. agreement. I have a check from you in the amount of $5 for recording fees. I will need an additional $15 to record all of the pages. 'Please note that any construction on public property within the right-of-way requires a permit from the public works director. This includes landscaping. Your Bleeker Street frontage is not in accordance with the Pedestrian Bikeway Plan. We will not require remediation at this time, but if you are interested in a public improvement, we would appreciate a clear five foot space for pedestrians to walk on without being forced into walking in the street. If you have any questions, please feel free to call me at 920-5088 or to drop by the office. Sincerely, . ~ f}rL Chuck Roth, P.E. Gity Engineer L92.89 @ recycled paper - , / ENCROACHMENT AGREEMENT This agreement made and entered into this _ day of between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter "Aspen" and EDWIN J. GROSSE hereinafter referred to as "Licensee." ,19_, by and referred to as WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Lot K, Block 65, Original Aspen Townsite 100 East Bleeker Street City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public right-of-way(s): Garmisch and Bleeker Streets; WHEREAS, Licensee desires to encroach upon said right-of way(s): A three foot (3') high fence enclosing about 26' x 64' of the public right- of-way, a total of about 1,660 square feet, as shown on the attached Exhibit "A" WHEREAS, Aspen agrees to the grant of a private license of encroachment as built subject to certain conditions. THEREFORE, in consideration of the mutual agreement hereinafter contained, Aspen and Licensee covenant and agree as follows: 1. A private revocable license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public right-of-way for the sole purpose described. 2. This license is granted for a term until such time as the property is sold, at which time the fence is to be removed, as approved by City Council on April 22 and May 13, 1985, subject to being terminated at any time and for any reason at the sole discretion of the City Engineer of the City of Aspen. 3. This license shall be subordinate to the right of Aspen to use said area for any public purposes. 4. Licensee is responsible for the maintenance and repair of the public right-of-way, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. Licensee is required by Section 19-46 of the Municipal Code to obtain a permit from the ..<^""" , / public works director for any work performed on public property in the public right-of- way. 5. Licensee shall at all times during the term h':reof, carry public liability insurance for the benefit of the City with limits of not less than those specified by Section 24-10-114, c.R.S" (currently $150,000 per person and $400,000 per occurrence, changing to $600,000 per occurrence effective January 1, 1993) as may be amended from time to time, naming the City as co-insured. Licensee shall maintain said coverage in full force and effect during the term of this License and shall furnish the City with a copy of such coverage or a certificate evidencing such coverage. All insurance policies maintained pursuant to this agreement shall contain the following endorsement: "It is hereby understood and agreed that .this insurance policy may not be cancelled by the surety until thirty (30) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or'riot to renew.' The licensee shall show proof of this insurance to the City before this agreement is filed. 6. Licensee shall save, defend and hold harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and/or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days written notice of Licensee's intent to cancel. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination Licensee shall, at Licensee's expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to all state laws, the provisions of the Charter of the City of Aspen as it now exists or may hereafter be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, t)',,:ir heirs, successors and assigns. 11. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. 12. If the structure for which this license was issued is removed for aEy reason, .r'-", Licensee may not rebuild in the same location without obtaining another encroachment license prior to building. No existing encroachment shall be enlarged without obtaining an additional license prior to construction. 13. The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed within the encroachment area. IN WITNESS WHEREOF,the parties executed this agreement at Aspen the day and year first written. CITY OF ASPEN, COLORADO By Approved as to form ,/ Chuck Roth, City Engineer ArrEST: KATHRYN S. KOCH, City Clerk Edwin J. Grosse, Licensee STATE OF COLORADO) ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of , 19-, by Licensee. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public Address KM92.187 ~ CI11 ~ CI11 I==j ~ ~ ~ ~ ~' '...... r'-'-'~'1 . ~ I .~ r , ~l l 11.100'0 -otAIR;S Nt:w <:ONC.~ OL..t:' co~<;. W'A~ . > ~ ,$ I . II r r i L-,~.~, f lC"..'T I.' IU . " WAu.< FOUNO. CITY MONUMENT N 75- 0'" 11~ 30.01 "A II IB lLlElEKlER . FOUND. REBAR ,!/!PL/lS. C~ L.5. 9184 I^" , ~ ) '-J , ", ' , ,{!;. . ." j.... '-1'- wooo ~ENCE / 8 ~ 1 " . " ~ , ~, Wooc F€.~-4c.e:. ,. \ REBAR WI PL/lS. CI LS 9184-0- F()UND S'Iro .c ~ ~ \",. ./ ......./' ~ 7-1004.C..4.<:I. LAND USE REGULATIONS (22) Traffic control signs. Any required traffic-control signs, signals or devices shall conform to the "Manual of Uniform Traffic Control Devices." (23) Street lights. Street lights shall be placed at a maximum spacing of three hundred (300) feet. Ornamental street lights are desirable. (24) Street tree. One street tree of three-inch caliper for deciduous trees measured at the top of the ball or root system, or a minimum of six-foot height for conifers, shall be provided in a subdivision in residential zone districts for each lot of seventy (70) foot frontage or less, and at least two (2) such trees shall be provided for every lot in excess of seventy (70) feet frontage. Corner lots shall require at least one tree for each street. Trees shall be placed so as not to block sight distances at driveways or corners. The city parks and recre- ation department shall furnish a list of acceptable trees. Trees, foliage and landscaping shall be provided in subdivisions in all other zone districts in the city in accordance with the adopted street landscaping plan. b. Easements. [ (6) (1) Utility easements. Utility easements of ten (10) feet in width on each side of all rear lot lines and five (5) feet in width on each side of lot lines shall be provided where necessary. Where the rear or side lot lines abut property outside of the subdivision on which there are no rear or side lot line ease- ments at least five (5) feet in width, the easements on the rear and side lot lines in the subdivision shall be twenty (20) feet and ten (10) feet in width, respectively. "T" intersections and cul-de-sacs. Easements twenty (20) feet in width shall be provided in "T" intersections and cul-de-sacs for the continuation of utilities or drainage improvements, if necessary. Potable water and sewer easements. Water and sewer easements shall be a minimum of twenty (20) feet in width. Planned utility or drainage system. Whenever a subdivision embraces any part of a planned utility or drainage system designated on an adopted plan, an easement shall be provided to accommodate the plan within the subdivision. Irrigation ditch, channel, natural creek. Where an irrigation ditch or chan- nel, natural creek or stream traverses a subdivision, an easement sufficient for drainage and to allow for maintenance of the ditch shall be provided. Fire lanes and emergency access easements. Fire lanes and emergency access easements twenty (20) feet in width shall be provided where required by the city fire marshal. Planned street or transit alignment. Whenever a subdivision embraces any part of an existing or planned street or transit alignment designated on an adopted plan, an easement shall be provided to accommodate the plan within the subdivision. Planned trail system. Whenever a subdivision embraces any part of a bikeway, bridle path, cross country ski trail or hiking trail designated on the Aspen Area Comprehensive Plan: Parks/RecreationlOpen Spacerrrails Plan Map, an easement shall be provided to accommodate the plan within the subdivision. 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