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Home My WebLink Aboutlanduse case.boa.1045cemeterylane.015-89 ;. NOTICE OF PUBLIC HEARING CASE '89-15 AUGUST G. RENO 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, then 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: September 7, 1989 4:00 p.m. OWner for Variance: Appellant for Variance: Name: August G. Reno Address: 1045 Cemetery Lane August G. Reno Location or description of property: Location: 1045 cemetery Lane, Lot 4, Block I, Pitkin Mesa Variance Requested: property is located in the R-15 zoning category. Sec 5-202 (D) (5) Side yard setback required is 10ft. Applicant currently encroaches 5ft and is requesting to place an addition above that 5ft encroachment requiring a 5ft variance for the side yard. 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 ",--- , ' ~ ". '- , ~ '-, "".'" {t -~ ~t- t- "i .-r;~---~ 1/ I " . , '.r '. .. l' " II. . '. . \ ~~ : l -, } ~ \ Ii: \-. ,. '1111~ II..... ,/1 #-W"i;,r; r'-" - \) \) = I ~ ?-.J II r ) C::O~1..j ~IH ' ~,yl:;;j ~ d~ '"?X::1 el\O~~ a2l\:aoI .Z!')(::.: ~ .......::>-~.,\ ~"Ztl~ ~'! r- I "\ ':).-z.. \1 I ~ \) " o;l -J" 1 I) q \', ,. \ .. ' . . ;\ ~ \. . , ' \, , \, I, -' I f ~. ~ ""'" ~ ~9 ,I J:' . "'"\" ~ , ~ \/\ ~ I I \l' II~ 1t----'~\G--:l-m~-By 1\' I ' ~ 1 1:.11 ' ~~"'~ 1.1. { 1~7, '\ II I , II I L"'" +!- -- - -,; "-,"\ - >l~1 ' " .a~SI77 \1"-,0\ f . . ----.... -- ....-.-...--.------- ..--------.------- ~ I'i.,)"~'a t-<>:,':..1.J,:::U.::'J'i.//,' ~~~:T'l Ii';;;>-" \ ':':: ;: I \ j .;: ~'" ~ It \ ~ '.\, ...__ .. y- 'i '-..- . , ' ..._-- . ~'r a\~'a.;, ~, Jf- '~ ~ i . , --C-1j ti~ L Q ~ ~ n A' ~ ~ ~ ~ , i ~ ~i ~l ~ l'l ~ ' III >< y. " -- i+ :z~. 'x - - !""7 70,'". ~ It\ · i''\T' ,~ ~ ~= ~ :9 ?; ~ ~ *- . f 'l~ ><. Sill\)<( i~>> ~ ~ ~i !~~. ..~ ~,~~ ~ i~~!i. .i~1 I ~ ~\- ~u.~, t-rl. ~ . ~. . I . I ,.. -.!- , :..l-, /"'I<ft-I ,I.. ~~ $ .='J.~'J.X'::\ ~L~ ~ 7.-' N>\l . ~ \/I ~ ~ () t- ~ ~ ill ~~ <-; n ~ . ~ ~ CfTi Oi.' ,\~;PI.:tJ !\O"IW OJ' ld)'JlI~;'I'~lEN'I' DC) te : August 8, 1989 Appellant:: August G. Reno Gibson & Reno Architects Case No.: Address: 418 E. Cooper Phone: 925-59b8 Owner:: Auqust G. Reno Kimberly A. Reno Address: 1045 Cemetery Lane Aspen, CO 81611 Location of Property: 1045 Cemetery Lane, Lot 4, Block 1, Pitkin Mesa, Asoen. CO (street and Number of Subdivision Block and Lot Number) Building Permit Applicatj"on and prints or any other pertinent data must accompany this application, and will be made part of CASE NO, : THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL FACTS IN QUESTION. USE ADDITIONAL PAPER IF MORE SPACE IS NEEDED. DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS Due to the April 25, 1988, change in sideyard setback requirement in the R-15 zone, the location of an existing attached garage became non-conforming. A sideyard setback variance of five feet at the southeast corner of the garage diminishing to zero feet at the southwest corner is requested. Please see., attached drawings and letter. counsel? Yes No x (Applicant's Signature) ----------------------------------------------------- PROVI S OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD THIS APPLICATION TO T~E BOARD OF ADJUSTMENT AND REASON FOR NOTQU\NTING:' . J - ,It () /.-v < F 1 C' ~Jb~~ i>.\ ~l ~c (Ltw I ",- ~! \"- - " S l_~----L ~~ '-- c'-- : ~7 lJ'-<----., )~,G-,? 02(0)(5) 5tb 't,'lJ4tA.-~tUfLIJZf(~{~ Vi (U -{+ q~r(l""C~. Ct~'1UtJ:t{ JA/.-tua." C10~-) 7!a^v~ L./} JZfr..rtl1:7I;--) (eJ ~ Cloj\. cvQiJt[{y\ 6-X'l'V't- ii\.cc0 5{f-Me-{//ffJ{{c17~~ jk~{A)~ a {' ff- l!({?tc01U ~ J1^*? Je dY. V[/UJ ( ~~os~ status PERMIT REJECTED, DATE ~~l~~- APPLICATION FILED ~ MAILED DECISION DATE OF HEARING SECRETARY DATE . ~ .>, ",......, .~ GIBSON & RENO, ARCHITECTS August 8, 1989 Board of Adjustment City of Aspen 130 South Galena Aspen, CO 81611 Re: Zoning Sideyard Setback Variance Request in the R-15 Zone 1045 Cemetery Lane Proposed Phase I, Unit 2 Honorable Members of the Board of Adjustment: The purpose of this request is to present existing site specific conditions warranting an exemption from the current sideyard setback requirements that went into existence on April 25, 1988. This duplex residential property was purchased by myself in August, 1986. and Unit 2 serves as permanent residence for my family and myself. At that time, we completely renovated Unit 2 and constructed an addition of a garage, entrance and laundry directly to the south of the existing building. The southeast corner of the addition was located five feet from the property line and complied with sideyard setback requirements in force at that time. The southwest corner sideyard setback is ten feet due to the positioning of the existing structure on the lot. At the time of this addition, I had planned to construct a master bedroom suite directly above the garage. However, due to construction scheduling with the winter fast approaching and lack of sufficient funds, I decided not to do the entire project at that time. The reasons I am requesting a variance due to the new sideyard setback requirements are: 1. Aesthetically, the building would appear out of proportion to the very simplistic rectangular form that the existing building reflects. 2. Structurally, it is much more difficult to accomplish this required setback because a garage is a structure that requires a clear span to accommodate automobiles and the bearing walls in this case occur on the north and south sides of the existing garage. 3. One-quarter of the proposed square footage of the already modest 400 square foot master bedroom suite would be lost. 418 E. COOPER AVENUE ASPEN, COLORADO 81611 . 303/9255968 . ~ A . ~ ' \... Honorable Members of the Board of Adjustment Page Two It is stated in the current Aspen City Zoning Ordinance Section 9-103 Non- Conforming Structures, Item C: Extensions, that a non-conforming structure may be extended or altered in a manner that does not change or decreases the non-conformity. I am of the opinion that this proposed addition does not increase or change the existing footprint, therefore, not change the non-conformi ty. I have attached sketches of the site plan and proposed floor plan, the area that comes into question with sideyard setbacks. I respectfully request that the facts and circumstances presented above warrant the construction of the proposed master bedroom suite directly above the existing garage. Sincerely, kar encs. . ~ C GARfIELD & HECHT, P.C. .- RONALD GARFIELD' ANDREW V. HECHT.. W1LUAM K. GUEST. p.e.... ROBERT E. KENDIG ATIORNEYS AT LAW VICfORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 TELEPHONE (303) 925,1936 TE!.ECOPIER (303) 925-3008 JANE ElLEN HAMILTON CATHERINE H. McMAHON.... ~..tmiued1O New York Bar ttabo Idmiacd 10 Disuicc of Columbia Bu ......, Idmirled 10 August 23, 1989 Nebrub IIId TeuI Bar ..."aboIdmillcdto miDDilBu HAND DELIVERY Bill Drueding Aspen/pitkin Zoning Department 130 South Galena Street Aspen, Colorado 81611 RE: Variance Request for Collins Block Dear Bill: Pursuant to a conversation we had with Fred Gannett yesterday afternoon, we are resubmitting to you the Application for the variance for the Collins Block which was considered at the August 17, 1989 City of Aspen Board of Adjustment Hearing. As you know, the variance was granted at that meeting subject to proof that the property was properly posted. Fred advised us that this re-submission is necessary in case at the September 7th meeting of the Board of Adjustment the Board finds that the notice for the previous hearing was defective and that therefore the prior approval of the variance is withdrawn. Therefore, by virtue of this re-submission, we should be able to have a new hearing on the variance request, if there is a withdrawal of the prior approval at the September 7th meeting. This Application contains no new information as no circumstances have changed. We will be sending out public notice today to the city of Aspen and the City of Aspen Fire Protection District in order to meet the fifteen day notice requirement for governmental entities. The property will be posted and the remaining landowners within 300 feet of the Collins Block will be sent notices within the statutory time limits. j'-' ""'" ,/ GARfIELD & HECHT, r,c, Bill Drueding August 23, 1989 Page -2- Should you have any questions regarding this matter, please do not hesitate to contact us. Sincerely yours, JEHjkm Enclosure GARFIELD & HECHT, P.C. &~~on cc: Fred Gannett - via hand delivery Harley Baldwin -r"'~--l (( 1045 Cemetery Lane Aspen, CO 81611 ,. I -- b t. )::, August 28, 1989 Board of Adjustments % Aspen City Clerk 130 South Galena Aspen, CO 81611 Dear Members of the Board of Adjustment: After reviewing the drawings of the proposed Reno addition, we feel that a sideyard setback variance is justified due to the location of the existing garage structure. As we under- stand it, the existing attached structure was built according to the zoning requirements at that time. As owners of the other half of this duplex, we feel the change in setback would not make the addition as attractive as if it held the existing footprint. Should the sideyard setcack variance be granted to August and Kim Reno, there would no adverse effect to our adjoining unit and the addition would be more attractive to us as neighbors than if no variance were granted. Sincerely, .D~ Cj",'d!~ {bf 95}'-~'~' 'v' V Don Smith & Val Edgington 1035 Cemetery Lane Aspen. CO 81611 August 27. 1989 Board of Adjustments % Aspen City Clerk 130 South Galena Aspen. CO 81611 Dear Members of the Board of Adjustment: We would like to express our support of the variance applied for by August and Kim Reno. As neighbors of the Renos. we feel the cddition would be more aesthetically pleasing if the addition held the same footprint as the existing building. We appreciate your consideration of granting a sideyard setback variance to the Renos. Sincerely, ..,.-. , ';' ./'/ ./" E ._.f Y.. ( ( {../::-. v" ,{ (~. fY Adrian and Karen Van't Hoff 1035 Cemetery Lane Aspen, CO 81611 August 28, 198<; Board of Adjustments % Aspen City Clerk 130 South Galena Aspen, CO 81611 Dear Members of the Board of Adjustment: I believe August and Kim Reno should be granted a sideyard setback variance. Since purchasing their property at 1045 Cemeter} Lane three years ago, the Renos have made several positive, attractive changes in their residence. I feel the variance requested will further improve their property and the neighborhood in general. On behalf of my neighbors, I urge you to grant the Renos a sideyard setback variance. Sincerely, ~ Bert Dahlander .... t" " County of Pitkin ) ) SS. state of colorado ) AFFIDAVIT OF NOTICE BY POSTING OF A VARIANCE HEARING BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENTS (Pursuant to Section 2-22 (c) of the Municipal Code) The undersigned, being first duly sworn, deposes and says as follows: 1. I, --------------------------- August Reno being or representing 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 25th day of August IgJ~, to the 7th day of September 1989. (Must be posted for at least ten (10) full days before the hearing date). Subscr this 1989 -' and swo n day 0 August Reno to before me September IVITNESS MY HANY~.I>E.~~EAL, P\1I<in County Bank & Trust My comm,ission ~f<l!l~.Asp8n.C081612 Mfcommissioo 'C1~''''''' 911CJ92 t7)j~~.d)o5fJ Notary Publ1C ' Address . ,~ , , " Owners within 300 feet of 1045 Cemetery Lane Pitkin Mesa Bruce & Sherril Kerr - 411 South Monarch, Aspen, CO 81611 Elizabeth Cipriano - 1025 Cemetery Lane, Aspen, CO 81611 Bert Dahlander/Adrian Van't Hoff - 1035 Cemetery Lane, Aspen, CO 81611 Don Smith & Val Edgington - 1045 Cemetery Lane, Aspen, CO 81611 Anna Rosa Knirlberger - 801 West Bleeker, Aspen, CO 81611 H.E. & Paula Richey - Box 4442, Aspen, CO 81612 Lola Joffee - Box 1741, Aspen, CO 81612 Laura Lu Bruton - % Meredith, Cochran & Packs, Box 30688, Dallas, TX 75205 Jaime & Elke Fridman - Bosque del Comendador, Bosques de la Herradura #23, Mexico 10, DF Mexico DF 10 John J. Stanford Trust, 7848 Makaaoa Place, Honolulu, HI 96814 Catherine Flaherty - 735 Coachlight Road, Shreveport, LA 71106 West Meadows Subdivision DavId & Margaret Amory - 1370 Mountain View Drive, Aspen, CO 81611 Marjorie Brenner - 1030 Cemetery Lane, Aspen, CO 81611 William Ferry & Sheila Draper - Box 37, Cruz Bay, St. John, Virgin Islands 008 Sigrid Stapleton - 1350 Mountain View Drive, Aspen, CO 81611 Edwin Irwin - Box 4673, Aspen, CO 81612 Sub 19, Bliss Condos Sally & Steve Hansen - Box 9343, Aspen, CO 81612 Carol Gault - Box 11289, Aspen, CO 81612 Red Butte Jerry Trlsh - Box 5107, Aspen, CO 81612 West Aspen Subdivision Johnny & Alleyne MItchell - 215 Carnarvon, Houston, TX 77024 Red Butte Subdivision, Block 2 DIana & Jeffrey LIzotte - Box 1348, Aspen, CO 81612 Mel Seid, 1104 Dale Avenue, Aspen, CO 81611 Leo Schuering, John Chase - 2535 Capitol Oaks Drive, Sacramento, CA 95833 Radford Bylerly - 1003 First City National Bank Building, Houston, TX 77002 1 - w 2 <( ..J > II W I- W ~ aI W ... 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