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HomeMy WebLinkAboutlanduse case.boa.Waters Ave.006-90 .:--- -- ," o CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION o " , DATE, April ,19 1990' CASE II q{J '.---0 .' APPLICAN'r Glenn_'RaPpaport '" ' PHONE 213 454 426i MAILING,'ADDRESS 14623' Hilltree Rd. Santa Monica, CA .90402 OWNER J;eonard Gertler PHONE same MAILING ADDRESS same LocATION OF PROPERTY Waters Ave. .Bloclc' 120 "Lo,.I;s IT. & G (Street, Block Number and Lot Number) WILL YOU DE REPRESENTED DY COUNCIL? YES____ NO~ ==========================================================~======= Below, please 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 infoL~ation you feel is pertinent zhould accompany thiz application, and will be made part of this case. See" ''(>xhibit A" I I I I I I I I I TO TUE DOARD BY TUE ZONING DEPARTHENT STAFF o. . I.. ,'rhp. ;>~.mkC;r cour,tya~d" p.r;oj ~c:ts ,into th(! ~i.de..:yard setbaclc,' CJl.cYr'J lQ \::1 I )i,-,X'~W(Q c,-,~'-\t~, '\?---\ c 0"'^-Lv4T c{((tc.qrJ'-T>; ,r,- J.C~ L!\fvuQ ~~l::>c t' L U 10 Y \J I ~~. (-'ft:/2..(f)Xs) ~~tl^-~L.,",,~ '--~ ~.,\~~~~ ~ Qnl~tec 3 \J~,-",:-~l G"'" '?- . I \'I,~'l[) A L s )~(lo~i.t,-- ~~AlCK-'-WJ. '-to-lJ l~~J,~,-l L(Jx- ("te.. )fl1..<l ~ f/~ttl~) I ok... 't' uc l. --;; (j ~;""CL~ ~e~3c a.R~ J~ J<L+'\~''\'A''',~ lA..'-'. k -+:-. G.eL ,~,..tV\.Y'Lb<-'-O ~L'i J Cl,^-,-~ (7-::lQ...d",. ~~v-- \. L"\J~~--J~Cf.(,~' \bLCJ.~Ln C.-<-IAC.\-<{,t E, }l}-,((-'-~ -:s .\4- .~ Sc.. h,---tJ~ __ cy(/V~~~ (Q~ (LX all.<l .f-c~ iF. . DATE PERHIT DENIED c;'/S"'!O ' OFFICIAL\1lW&1 .,' 0"; /.y~O .ft: it. {}.-"^--} 4 fl (l 'Jk DATE OF APPLICATION'I./'l"10 . HEA~ING. DATE ~T(JilJ!J/\ i ' "I. }\..LC~~~---:--,\ c...... I'f~ 'JeVlA(L.v-..c.R.-% e>...OCtL" C'f-\L'L\L'-''l '--1C'v'1J) c....., .+e4.... >l ~ \ cVl2) S:C~~~!I . . lIpplicant's Signoture A~ tJ, ~ -------------------------------------------------------------------- REASONS FOR DENI~ OF DUILDING PERHIT, BASED ON TIill lISPEN CITY CODE, ClffiPTER 24. AN OPINION CONCERNING TUIS VARIANCE WILL DE PRESENTED I I i~. " ~ o 0 NOTICE OF PUBLIC HEARING CASE ~90-6 LEONARD GERTLER 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 anended, 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 Adj ustment 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 sericus 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: May 3, 1990 Time: 4:00 p.m. Owner for variance: Name: Leonard Gertler Address: 14623 Hilltree Rd., Santa Appellant for variance: Glenn Rappaport Monica, CA 90402 Location or description of property: Block 120, Lots F & G, Waters Ave. variance Requested: property is located in the R-15 zoning category. Side yard setback is 10 feet. See 5-202 (D) (5) Aspen Land Use Regulations. Article 3 Definitions-Yard A(5) Projections into required yard (Aspen Land Use Code) Projection may exceed 30 inch below grade if determined to be required by the Chief Bldg. Official for window egress. Building code would require 3 foot into setback. Applicant appears to be requesting a 7 foot variance to all a greater than 30 inch below grade courtyard in the side yard setback. 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 Jan carney Deputy city Clerk I . I \;" - " o o Aspen Land Use Requlations o Protect water resources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, and eliminating pollutants introduced into streams; o Provide clean air by protecting the natural air sheds and reducing pollutants; o Maintain the natural scenic views; o Encourage innpvations in residential development and renewal to meet the growing demand for housing and provide for efficient and attractive use of open space; o Insure that affordable housing is constructed to satisfy local needs; o Insure that a proper balance is achieved between tourist and residential housing; o Permit a more effective use of land and a higher quality of site planning; and o Establish land use patterns that are compatible with surrounding county Zone Districts. Sec. 1-104. Applicabilitv. .'"1 / -. /. I " I' I; ') , , I .... B. I i \. I ", I A. General apPlicabilitv. No development of land in the city of Aspen shall be undertaken without prior approval and issuance of a development order under the provisions of this chapter and other applicable laws and regulations. structures and uses existing after the effective date of this chapter which are inconsis- tent with the provisions of this chapter shall be permitted only as provided in Art. 9 of this chapter. To the extent permitted by state and federal law, this chapter shall apply to all public bodies, districts, and agencies of the federal, state, county, and city government. Exceptions. 1. Approved tniiidlnq-p;rmit. The provisions of this chapt~r.and any~am~dments-h~~eto~shal~ not affect the -va'iidity of ~'any buitdii'ig;;; permit lawfully issued and effective prior to the effective date of th"is chapter, if the permit does not expire 1- 2 I I I I Revisions incorporated through August 14, 1989 I I I I I I . o o Aspen Land Use Requlations pursuant _tq- the ynUgrm-Building_code..;, In the event, a buildiQg..permi t-_expires" then all further development shall be in conformance- with the requirements of this chapter. 2. Approved final development order. The provisions of this chapter and any amendments hereto shall not effect the validity of any final development order lawfully issued and effective prior to the effective date of this chapter, provided that the final development order does not expire pursuant to the provisions of the city of Aspen zoning or subdivision regulations in effect immediately prior to the effective date of this chapter. In the event a development order expires, then all further development shall be in conformance with the requirements of this chapter. 3. Development applications and buildinq permit applications. The provisions of this chapter and any amendments hereto shall not effect the review of any Development Application or Building Permit application lawfully submitted prior to the effective date of this chapter pursuant to the provisions of the zoning or subdivision regula- tions in effect immediately prior to the effective date of this chapter. If the Development Application is approved, it shall remain in effect unless it expires pursuant to the provisions of the zoning or subdivision regulations in effect immediately prior to the effective date of this chapter. In the event the Development Application is denied or its approval expires, then all further development shall be in conformance with the requirements of this chapter. If the Building Permit application is denied or expires pursuant to the Uniform Building Code, then all further development shall be in conformance with the requirements of this chapter. 4 . Amendment to final development order. The provisi- ons of this chapter and any amendments hereto shall not be applied to any proposed minor amendment to a final development order approved under the prior zoning or subdivision regulations. The proposed minor amendment shall be reviewed pursuant to the zoning or subdivision regulations in effect immediately prior to the date of adoption of this chapter. For the purposes of 1- 3 Revisions incorporated through August 14, 1989 County of Pitkin ) )ss. ) state of Colorado . . 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 Municipal Code The undersigned, being first duly sworn, deposes and says as follows: I, ~ /.(. K<-t7/?<:r/(rv....!.. , .being or representing , ?T# v an Applicant before the City of Aspen 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 Z)rd '3 rc:.o day of 4p~"1 , 19 10 to the -, I day of rn1 19 k . (Must least ten (10) full days before the hearing be posted for at date) . CEil. rt lilt ~.Z 1. fb ~ J. ~vt/~ Applicant's~ignature Subscuiped and swo this cY day of 19~y ~, me , ,. Notary Address Brenda LYn Purcell P.O. Box 1232 Carbondale, CO 81623 ; .A~" .. "'.... "'T. F. "':" '*N* .S.~. ~ "'T' T' 'A'lIl 'It... *........ ....... :;;> f \. M~MO TO: - " A~ ~ .rUt- . DEPot........ ,,1 M - fAX #.~1'i?-C;. I p2G~; fROM~PHONE?Q7 y.)~ :;"'th CO, fAX. PQlt.h"t)fj,nd lall 1r3'1Srr',ttal fn(lI'T1C 71571 Barbara C. LewIs 7575 Bately Ct" #6 (707) 823-5316 Sebastopol, Ca, 95472 May 3, 1990 Case -90-6 Request for Variance from the provisions of Zoning Ordlnace, Chapt 24, Official Code of Aspen. j.~atlon: Blk. 120, Lots F & G, Waters Ave. zoned R- 15 Q:wner. Leonard Gertler, 14623 H1l1tree Rd, Santa Monica CA 90402 Board of AdJustm~,nt 130 South Galena Street Aspen, Color.!ldo 81611 Dear Members of the Board of Adjustment, I own Lots C, D, E ~ Blk 120, Waters Avenue, My land would be directly affected by this requested variance on thewest side of lots F and G, Blk. 120. Att~ched is a eopyof the plot pMn / requested .from the architect, H"rry Teague & Irom whICh I make relerences 1 object to these variances for the following reasons: The below grade courtyard would Intrude nearly the entire 10 ft of the speCified set back., to be walled right up against my property. AI,established 10 ft setback. space is a buffer between properties. This Intrusion would lessen the visual appeal and the potential value of my property. I believe It unfair to Impose In this way. 2. The requested variance would change the below-grade projection from a depth of 30 inches below grade, a/lowed for wIndow egress as est"b/lshed In the ollleMf code, Chapt 24 to a depth of len._te.e.L( 120 inches) in order to allow for an additional courtyard, not just fora window below grade.. 3. This walkway, planned to run a length of 21 ft along my lot line and i.t Is 8 ft wide, pluS. a retaining wall, to project into the set-back area. _ The heavy equipment needed to dig this deep trench along the lot line would dIsturb my establ1shed lawn, trees and bushes. ThIs would be an unnecessary dlsruptiorl and Impose on my rights. _ Waters Avenue IS shaded by early afternoon In whiter, J n10ved to Waters Avenue In /952 and I knoW It wel/.. ThIs deep pit /680 cubIc .feet below Brade, would be In shade nearly all the time. - The bUlld-up of ICe and snow could cause perpetual problems. In case there were need for service, all traffic would have to be across the set back on my property as there 1$ no space on owner's land utn:m&lY.'..Q.PJ:lose th~..r.l.alK~r~~J.l~<:Lln.C.Me *90-6..p~~.Q!.<~~11 1mPO$~ll.unn'i:<;;,~s~ary nl.!1s.ance.an.t;LbM.d.~lp~ to my..Dn).p~u.. Thank you for your consideration In thiS matter. Sincerely yours, _> , , <> ,_ /'.' At?.... I-.<~ ,( r:C' L, "';..ee,v.C-<l-.. Barbara C, Lewis P,S. The plan suggests 3. "high" fence As I recall there Is an established height limit on fences, In the Official Code, 1 request the height be kept within these limits to allow some morning sunlight to reach my yard / "Exhibit A" The variance requested is for a below grade courtyard that extends 10' into the western side yard set back (from the exterior wall to the property line). The dimensions of this courtyard are to be 10' X 25' X 8' deep. The courtyard is intended to serve the below grade Additional Dwelling Unity (A.D.U.) as both entry and private outdoor space. By allowing this variance we would be minimizing the circulation conflicts between the Owner and the tenant on this small (6.000 s.f.) site in an area without an alley. The size of the courtyard is felt to be necessary in order for the tenant to bave sun and private outdoor space. ANGUS- CAMPBELL. INC. INDUSTRIAL PLASTICS TECHNICAL ELECTRICAL MATERIAL 4417 S. SOTO STREET, VERNON (LOS ANGELES), CA 90058' (213) 587.1236. FAX, (213) 588.7816 MA Y 3, 1990 JAN CARNEY-CITY CLERK CITY OF ASPEN ASPEN, COLORADO RE: ZONING VARIANCE, CASE ~90-5 DEAR MS. CARNEY, WITH REGARDS TO THE ABOVE REFERENCED CASE, WE AS OWNERS OF REAL PROPERTY LOCATEO AT 919 WATERS AVENUE IN ASPEN, 08- JECT TO THE PROPOSED VARIANCE. SUCH A VARIANCE WILL ~REATE A PUBLIC HAZARD AND POSE AN AESTHETIC NUISANCE. WE APPLAUD THE PROPOSAL TO ESTABLISH EMPLOYEE HOUSING IN THE PROPOSED STRUCTURE; HOWEVER, WE BELIEVE THIS CAN BE ACCOMPLISHED WITH- OUT THE GRANTING OF THE PROPOSED VARIANCE IN A MORE AESTHETIC AND SAFE MANNER THAN THIS- PROeOSAL.. RESPECTFULLY, --J;u. .,71tw ~ {- MR. & MRS. KENNETH CAMPBELL 919 WATERS AVENUE / , HA'tdlY TEAGUE ARCHI1'ECTS , 412 NORTH MILL STREET. ASPEN, COLORADO 81611 303/925-2556 FAX 303/925-7981 JOB: G~t~. W. EVENT: '1.0' ~5 Av-e. AS~l~' DATE: l-j. 1"1. ~O SUsJEGr: lit>f~ i.J~~-b ~~ .~S VI>'\.. V~.. P:,~. l<,r-." 31t>tk. N_t;.. J.. $t-.4i' CriVI\Pl.!> o..oI~. AI-8 ~Ol W~ IJ/~ UeclJn--.. 74't 1/,.<>.- ~trJr\tl....",:fe I'1"1J<Ld.... ~ p,.A.s V~k) fAf~.1 C~.?()Z.7q t?O 907 w~s rs........c........ GI.V;S Aft G 70S- ~~ ~-f ~.c kofot~) 0..... 't -S-~ 7 z.. I~o ~t1 W~S /~~ ('h_-t1# Z. 7G c> A.€tJ ~ teal 'S'......... h1 ~b .I CA.. C; 1/ OJ- t"l..o c.De , ~ j f<:) L- fr:L /j~ /3ox q,!~o A~f4') ~. v./(,I'Z- it I to!"- W~~ b &-....e..t.:.d- 7 ~ $'0 . 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HAMYTEAGUE ARCHI1ECTS 412 NORTH MILL STREET ASPEN, COLORADO 81611 303/925-2556 FAX 303/925-7981 JOB: ~ [(,.,..c:. et.. t; ; 04.-...d.. EVENT: 10'1 wQ1e....~ Ave. J Asp-- Co. DATE: 4 . /'1 . ~o SUBJECT: (...I>-r~ 'gLoc.li:: N_'--'" S~,) ~j ...I~. j./',t: IZo ?l/wAt..$ 13~ L.etlc...,....,.;;;t..... "~Ol( 'U.q A'it-'; G... Cis-161'l..... /C/I-, 40 1600 l.v~ S~ cte, 9 '10 l.v~ A "ru-- J (" . AK 'ir1611 mrl-N 4() 10 'to lv~ 13 o~"""'1 L.- -rD. ')00 w,..-1" t4op/~{ A.".;~ .J U, '4-16/1 m,N.O /1~ ~/q ~S JJ01.-UW~ ~. r 14 w ...feA..s .A lie P.1~) ~. 'if/~/J 9 'Z-6 wda,.", ~ ~ 7Z9 ff ~'1""''''''' A i/4!. A~re-,.. J Co . 'irJ61l f,;. Q Irr ACTION REQUI ED: 7k '1.......1". ' G I 0 ~ l.v~5f" r:.....J2 /J...fU>- 1 Co ~1"/)