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HomeMy WebLinkAboutlanduse case.boa.297 Eastwood Dr.003-89 t' CITY OF ASPEN BOARD OF ADJUSTMENT Date: February 7, 1989 Case No. : Appellant: PETER HUTTER Address: P.O. Box 157, Aspen, CO 81612 Phone: 92'i-12'i7 Owner: PETER HUTTER Address: P.O. Box 157 . Aspen, CO 81612 925-1257 Location of Property: Lot 30. Block 1. EASTWOOD SUBDIVISION a/k/a 297 Eastwood Dr.. Aspen. CO (street and Number of Subdivision Block and Lot Number) Building Permit must accompany NO. : Application and prints or any other pertinent data this application, and will be made part of CASE 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 See Addendum attache,' dereto. will you be represented by counsel? Yes X No (Applicant's signature) --------------------------------------------------------------- Kaufman, Attorney for Applicant PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: Status PERMIT REJECTED, DATE~1 APPLICATkON FILED 2.. \ \) 1'6 MAILED ~ 9./r'f ' ~Lc Signed DECISION DATE DATE OF HEARING 3~ SECRETARY Y<".'/"If n +i ~ i-t~h ~i%> R-IO~::B \'~,J., /J) JAico:hcl v:... -tL- ~ c ~~ ~~ V fJ~ \- cl&-\J-Q, ?'--i '. (y) ~ (C;) f'~1N~~~b ~ ~ ~\- JLZO,../\.- '1 CVI eL~' b wck." l 0 ..r J.. . CL,-v.t'-\J.J' ~ '-I ) ct'l,t~ ctt '1 ,~ --wv::>,~.c. ~-I 0/ B. Re ired ards ad'acent to rivate roads. All required yard setbacks under Zone 1strict regulations are based on distance measured f m the right-of-way line of a dedicated public way Where there is no public dedication and the 1 t line extends to the centerline of the right-of-wa , the required yard setback shall equal the dista e specified under Zone District regulations, pl an additional distance equal to one- half (1/2) of the right-of-way width as if such private way were dedicated for public use. ""7 ,;> ~ Ol/{D) ~ofi- -\L~ .lc;Gv~ , ~~~~ J.Vv~ c~ ~.~L /l1A~UZ !~C- ~OC~ --tl~'~1J~~ j:V\CNl ,~~CV'j;~ (L\JcJl/'-lJ \1X L{<;:- -t'+-. , M . ~~~\-(1~~~ +u be j~'(C~l<>"-~, , ~ o~\- ,%2A~ V) ct/vL \! G\/lA_'CA.~ ..Q4\...-u-<- ~ ( IUC- vJr- '--t cv\ 1 01-- d- S- ~+- , / ~lC\-~\ ~{~J. 4~~ - . E-c.;v,{"vv(rl;)cL 0-'DJ> c~~ lAJ~ +t; l.CvJt ~*~'). . l)-{;\J\.-\,~\ ~tv.j- ~'v\\C.QALl ~l~ C>tv ~/l oYJ____.. (/l I "-Q. \.J\~0 \J ~.Jl~~ <Y2'\J\. J. '--1,'>\..-0 0\..-- ~ ~ I ~\'C\J~ JL~O-l Jzb'--\M-k-- \/\l~ (\I\..<){r I CAvVr~~- ! YARD, FRONT means the yard extending the full width of a parcel, the depth of which is measured by the least horizontal distance between the front lot line and the nearest surface of the principal building, such distance being referred to as the front yard setback. YARD, REAR means a yard extending the full width of the parcel, the depth of which is measured by the least horizontal distance between the rear lot line and the nearest surface of the prin- cipal building, such distance being referred to as the rear yard setback. II :1 ..._~~..._O'_' ~~, Qd\ ~,~ LDCV M%~ CA~~~ ~ ~t:. ~l~ I ( J~cttrv JVGo ~[J. ~ k l\.l~ ~ ^-Q .. 110 ~~. ~ -+G. !iC0U ~ evO . r)~~ ~ ~L,,'-J v . ~ a. 5~t.A.~ d\~~~\ il . '- BOTICE OF PUBLIC HEA~IBG PETER HUTTER CASE #89-3 BEFORE THE CITY OF ASPEB BOARD OF ADJUSTKEBT 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. The particulars of the hearing and of the requested variance are as follows: Date and Ti.e of KeetinR: Date: Time: March 16, 1989 4:00 p.m. Owner for Variance: A~~ellant for Variance: Name: Peter Hutter Address: Bo; 157, Aspen, CO. 81612 Peter Hutter Location or descri~tion of ~ro~erty: Location: Lot 30, Block 1, Eastwood Subdivision 297 Eastwood Dr., Aspen, CO. Variance Reauested: See attached Will a~~licant be re~resented by counsel: Yes: K Bo: \ The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Hemo Lavagnino, Chairman Janice Carney, Deputy City Clerk J' r f .' :>' . CITY- OF ASPEN BOARD OF ADJUSTMENT " , Date: February 7, 1989 Case No.: 1'1-'3 Appellant: PETER HUTTER Address: P.O. Box 157, Aspen, CO 81612 Phone: 92'i-12'i7 Owner: PETER HUTTER Address: P.O. Box 157. Aspen, CO 81612 925-1257 Location of Property: Lot 30. Block 1. EASTWOOD SUBDIVISION a/k/a 297 Eastwood Dr.. Aspen. CO (street and Number of Subdivision Block and Lot Number) Building Permit Application 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 See Addendum attached hereto. will you be represented by counsel? Yes X No (Applicant's Signature) Kaufman, Attorney for Applicant --------------------------------------------------------------- PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: A~M Signed Status PERMIT REJECTED, DATE~3Jl1 APPLICATION FILED {).jIg, " _' MAILED ~('r)!e . DECISION DATE DATE OF HC/zING W'~ SECRETARY ~.'n?) : /J"'ty o '. " . . - ~Property is located in 'the R-15B zoning category. Chapter 24 Sec 5-204(0) (4) and (6) Front yard setback is 30 ft and rear yard setback is 10 ft. Chapter 24, Article 3. Definition, Sec 3-101 Required vards adiacent to private roads. All required yard setbacks under Zone District regulations are based on distance measured from the right-of-way line of a dedicated public way. Where there is no public dedication and the lot line extends to the centerline of the right-of-way, the required yard setback shall equal the distance specified under Zone District regulations, plus an additional distance equal to one-half (1/2) of the righ~-9f-way width as if such private way were dedicated for public use.- . .. Since this property line goes to the middle of a private road the total front yard setback would be 45 ft. The applicant appears to be requesting a 20 ft front yard variance leaving the front yard at 25 ft. (Hutter) . ~ -~.._-~._---- --, /"' '" , Variance ReQUest Property is located in the R-l5B zoning category. Chapter 24 Sec 5-204(0) (4) and (6) Front yard setback. is 30ft and rear yard setback is 10ft. Chapter 24, Article 3. Definitions, Sec 3-l0l. Re uired ards ad' acent to r ivate roads. All required yard setbacks under zone District regulations are based on distance measured from the right-of-way line of a dedicated public way. Where there is no public dedication and the lot line extends to the centerline of the right-of-way, the required yard setback shall equal the distance specified under Zone District regulations, plus an additional distance equal to one-half (l/2) of the right-of-way width as if such private way were dedicated for public use. Since this property line goes to the middle of a private road the total front yard setback would be 45 ft. The applicant appears to be requesting a 20 ft front yard variance leaving the front yard at 25 ft. (Hutter) Since this property line goeS to the middle of a private road the total front yard setback. would be 45ft. The applicant appears to be requesting a 20ft front yard variance leaving the front yard at 25ft. / . .~.. Planninq staff Comments: Eastwood was annexed within the last year. During that process the configuration of the yards verses our definitions and the private road definition were not considered. Definition: YARD, FRONT means the yard extending the full width of a parcel, the depth of which is measured by the least horizontal distance between the front lot line and the nearest surface of the principal building, such distance being referred to as the front yard setback. YARD, REAR means a yard extending the full width of the parcel, the depth of which is measured by the least horizontal distance between the rear lot line and the nearest surface of the principal building, such distance being referred to as the rear yard setback. This lot configuration was not considered and the Planning Director has told me he will address this situation in the future so as not to cause a situation of this type. (Hutter) \ ADDENDUM Applicant's property is a unique lot in Eastwood Subdivision. It is a "corner" lot which has a road surrounding most of the lot. When the city of Aspen adopted its new Code, the new Code took into account traditional city lots; however, the language in the Code did not contemplate lots such as this. This lot is unique in the subdivision, unique to the City, and, as such, the Applicant has a hardship. The shape of the lot and the location of the road, as well as the Code oversight in not contemplating setbacks on lots such as his, creates a hardship requiring a variance. Peter has a practical difficulty and unnecessary hardship in carrying out the strict letter of the zoning law in attempting to build on his lot. The Planning Office and Building Department support this application. If a variance is not granted, the Applicant will lose over 65% of his lot to setback and right-of-way calculations. This will require him to build a tall, narrow house, that will not only be a burden for him, but, at the same time, a burden for his neighbors who all support this variance. The Applicant i~ seeking a minimum variance. Where the configuration of the lot reduces our flexibility, we are seeking a 20 foot front yard setback variance. However, where the configuration of the lots permits, we are seeking no variation from the underlining setbacks. We have endeavored to seek a minimum variance, as is shown on the attached Plat. A traditional lot in the City of Aspen loses 30% of the lot to setbacks and open space. The Applicant, even with the variance he is seeking, will lose over 5l% of the lot, well above what a typical lot owner would have. We feel that a variance is appropriate, and hope that you will agree in the granting of this variance. We would appreciate an opportunity to discuss this matter with you at your next available meeting. "" . LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 1000t 315 EAST HYMAN AVENUE, SUITE 305 ASPEN. COLORADO 81611 TELEPHONE AREA CODE 303 925-8166 TEL.EFAX 925-1090 GIDEON I. KAUFMAN MARTHA C. PICKETT February 9, 1989 Mr. Bill Dreuding, Zoning Officer l30 South Galena street Aspen, Colorado 8l6ll Re: Hutter Board of Adjustment Variance Request Dear Bill: Enclosed please find an Application for a Variance. We would appreciate this being placed on the next available agenda. We have included for your review a Plat of the Eastwood Subdivision, a site Plan of the lot with proposed setbacks and a footprint. A list of property owners has also been included. If you have any questions, please feel free to contact me. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Profe ion 1 Corporation By G' on Kaufman A~ orney for Applicant GK/bw Enclosures .~~.;......;.".._'""..... _, .1Ie ( . 'I W ._(='~ I , , I , - -- ti/"\1.I~ 1- .. -,.,. .., ""........ f \ \ \ ( I ,.,,.) 1../."\0\:, r..... I C I "- _ 1_(.:'Io\::C' .-~l:.e.s. ~~""e>>o.."t" ~~ )' .-W.J~~Albe5 ~.\:.V~'\"" ~ ,~,t::.t:)..p vv..o.."("~Ql. Co..S. tH H \ ~al De$erl~tio~: Lot 30, Eastwood Subdlvision, City of Aspen. pitkin county, Colorado. . I hereby certify that on August 22 ano 24, 1988, a survey was performed by me on the aOove deser1bed-varmof'hnd; '-Atlf!nmenu-;-erl~,.O"ac::l'im~l\ts and tlghts- of-way 1n evidence or known to me are shown. This survey is true and correct to the be of my kn~_',n\d belief. Sy: _ 711~ r?L-A~1 come ;Bo~V Su$ve , 0 'iN V- ot<('. 8Y! LINES IN SPACE SYDNEY LINCICOME (L.$./4/IIJ . 8 121 C SONOAI. COLO. 30$0 63.'3 ~~ SCALE:I :l ~o r - 'R €. ~ca:5\'C.C' . . - , " 1 1..1 ....(:"~ I -- ..... , 1"\ 1. 1':- ,- ... ~ -" f(..!o '- ""-.... ( J "'., ~J. I_'.....-t:, ,,_ I l_f':-'.b ~, .-~\::,z.s. ~~"'e~o..."(" ~~ ;- .-~k$ ~-b--re.bo.""'': ~"~:p ,'fo\.O..~~d.. '-.~.lHHt Legal Deseriptlon: Lot 30, Eastwooa Subdivision. City of Aspen. 'Pitkin County, Coloraao. . I hereb~ certify that on August 22 and 24. 1988, a survey was performed by me on the abOvtdescribecrrrareft"of"1'arld; .-AtJ-easemeffU;-entmel'll1fe/l'U ancft1ghts- of-way in evidenc! or known to In! are shown. This survey is true and correct to tile bet OJ my know~9' an~ belief. )a r - ,'Ie '- .]0 f ,2l 'p 'x' ) i:f) iJ; /' /' I .- ~ ./ , ,0 J ~ I . ~ :i- " .,- ilL ~ I Ii ......-.--. ~~\ .rJ J"' / / r , ~ ~ ''? ... , '; ~~ f' \~ J 'lot- ------- ,~ " j II , T' ; J .,. ~~ " -~ j "'3 <:.I v . 0 > '-' - , "- , "" 1 "';"-4 '" "'J~j!-,1 , l"- h ~ .. fIt.....t. 0 . .. " "- '0 1 ." '" 1 ~~ ... t A ... ,1 ~~ ----~~ ( ~ ' , ~ ~; v .. ~ " ,...~,-, t'{"; .' l- 1_1..-' -..:.; -;j ')" , .. < 1;1 :t' ~ .; r .. t-=" .,... .. ..""I' -' l' l' . ><'l!_JiJ . -~ ; I , , -----":) :S , , A7 _r '1 . , ~ ~ -., , ' ; . oj J 0 ,&.. "> \0 ry~ ... G 0 , 1_ ~ " ~ , "'-' , " .' , < ~~ .r I- !.p .' .:. . " 1~ (f) ...... 1:1: .. .'. . <t .. 'J,/,," "--::;: W .' .-' .... '" . ~ ,. z: . "" . 0 c -. p ) (J) 1-' > :- -, " ,/ \. r-, .$'- 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'__~L~_~~_~~~~J.L-_____________, 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 23, day of FP....P.:>I/Nj t1 A-A.-<.t+ 19~, to the from the lb day of , 19~' (Must be posted for at least ten (10) full days before the hearing date). APPLICANT ..;.;.==- ,- ~ Signature -- (Attach photograph here) Subscrib~<jl and sworn to, beforFe me this l~ day of ~ , 19~, by I=e+er $, ~_ttf V WITNESS MY HAND AND OFFICIAL SEAL, My commission expires: 4floJq~ ~W~' Notary Public Address -i - r', f. ... '" " PITKIN COUNTY TITLE, h1t. Vincent J, Higens President Title Insurance Company 601 E, Hopkins, Aspen, Colorado 81611 (303) 925,1766 . (303) 925-6527 FAX Christina M, Davis Vice President ADJACENT CMNER' S STATEMEN':!' Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies the following list is a current list of adjacent property owner's within three hundred feet of the subject property set forth on Schedule "A" attached hereto and made a part hereof, as obtained from the IIDSt =rent Pitkin CouIlty Assessors Tax Rolls, NAME AND ADDRESS BRIEF LEGAL DESCRIPTION SATKUNAS, THaw; SATKUNAS, URSULA PO BOX 1794 ASPEN. CO 81612 SUBJECT PROPEm'Y LOT 30, EASTmOD SUBDIVISION LGIE, MARGARET E. 0277 EAS'lWJOD DRIVE ASPEN, CO 81611 LOT 29, EASTmOD SUBDIVISION GREENWALD, GERALD GREENWALD, GLENDA L. 5635 SHAIJCW LANE BLClCMFIELD HILLS. MICHIGAN 48013 LOT 28. EASTmOD SUBDIVISION HODGES, ANN V. 302 ROARING FORK DRIVE ASPEN, CO 81611 LOT 27. EAS'lWJOD SUBDIVISION TIBMA, JOANNE PO BOX 2317 ASPEN, CO 81612 LOT 26, EASTmOD SUBDIVISION ENGELS, JOHN L. JR. ENGELS, VErMA B. 55 OTTER ROCK DRIVE GREENWICH. CONNECTICUT 06830 LOT 25, EASTmOD SUBDIVISION RINK, JOSEPH L. JR. RINK, JOAN C. 0210 EAS'lWJOD DRIVE ASPEN, CO 81611 LOT 10, EASTmOD SUBDIVISION RHEA. JOHN W. JR. 4000 LEXINGTON DALLAS, TX 75205 LOT 9. EAS'lWJOD SUBDIVISION -:;2.- /""'''..... /"""-, "--- PITKIN COUNTY TITLE,'nT6. Vincent J, Higens President Title Insurance Company 601 E, Hopkins, Aspen, Colorado 81611 (303) 925,1766 . (303) 925-6527 FAX Christina M, Davis Vice President CONFORTI, VICTOR A. SUITE 222 170 HERRIMACK STREET ~,MASSACHUSETTS 01852 LOT 8, EAS'1KIOD SUBDIVISION KLEIN, MICHAEL R. C/O WIUolER, CUTTER & PICKERING 2445 M STREET, N.W. WASHINGTON, D. C. 20037 LOT 7, EASnmD SUBDIVISION CLAUSEN, GENE A. CLAUSEN, RITA J. 0284 EAS'1KIOD ROAD APSEN,. CO 81611 LOT 6, EAS'1KIOD SUBDIVISION DUNAWAY, WILLIAM R. DUNAWAY, BARBARA ALLEN PO BOX E ASPEN, CO 81612 LOTS 3 & 5, EASnmD SUBDIVISION ROSE, ALBERT ROSE, SErMA R. 1075 SANTA FE DRIVE DENVER. CO 80204 LOT 4, EASnmD SUBDIVISION KELLY, JOHN THCMAS KELLY, JANE A. PO BOX 1109 ASPEN, CO 81612 LOT 2, EASnmD SUBDIVISION CITY OF ASPEN 130 S. GALENA ASPEN, CO 81611 ASPEN GROVE CEMETAR'l COUNTY OF PITKIN 560 E. MAIN ASPEN, CO 81611 ASPEN GROVE CEMETAR'l EASnmD ~ ASSOCIATION (NO ADDRESS AVAILABLE) CCMoDN AREA KNOLI.W:lOD H~ ASSOCIATION (NO ADDRESS AVAILABLE) Ca+DN AREA THALBERG, DEBORAH PE:LI.CW 16 CROSS ROAD DE WITI'. NY 13224 LOT 4, BLOCK 1, KNOLI.W:lOD SUBDIVISION -3- ,......... /",,", ...../ PITKIN COUNTY TITLE,'nr'c. Vincent J, Higens President Title Insurance Company 601 E, Hopkins, Aspen, Colorado 81611 (303) 925,1766 . (303) 925-6527 FAX Christina M, Davis Vice President MACDONALD, MABEL H. MACDONALD, LINDSAY SALT MACOONALD, CHRIS HOYT PO BOX 495 ASPEN, CO 81612 rm 5, BLOCK 1, KNOI.I.H:lOD SUBDIVISION NEHoIAN, BROOKE PO BOX 559 ASPEN, CO 81612 rm 1, BLOCK 2, KN'QI.I.H:lOD SUBDIVISION VILLASANTA, UMBERI'O VILLASANTA, MARGUERITE M. 4611 CEDAR GARDEN ROAD BALTIMJRE, MD 21229 rm 1, STAROOOJ SUBDIVISION FREDRICK, LARRY D. FREDRICK, JANET A. 52 M:: SKIJItoIING ROAD ASPEN, CO 81611 METES - BOUNDS DOBBS, JOHN COLLIER OOBBS, SARA F. PO BOX 241750 MEMPHIS, TENNESSEE 38124 LOTS 8 << 9, BLOCK 19, RIVERSIDE ADDITION MASON, MARGARET E. ADEN PO BOX 4044 ASPEN, CO 81612 LOTS 6 << 7, BLOCK 19, RIVERSIDE ADDITION HAYES. PAUL F. C/O MERRIL LYNCH 580 CALIFORNIA STREET SAN FRANCISCO, CA 94104 LOTS 4 << 5, BLOCK 19, RIVERSIDE ADDITION CALLAHAN H~ ASSOCIATION (NO ADDRESS AVAILABLE) cctM:lN ARFA BENEDICT, FREDRIC A. BENEDICT, FABIENNE 1280 UTE AVENUE ASPEN, CO 81611 LOTS 12A, CALLAHAN SUBDIVISION GOLDSAMT, ROBERT S. C/O R. S. G. MANAGEMENT INC. 8TH FLOOR 770 LEXINGTON AVENUE NEW YORK CITY, NY 10021 rm 13B, CALLAHAN SUBDIVISION ,-"'" '" '^'. ,,," PITKIN COUNTY TITLE, lI1e. Vincent J, Higens President Title Insurance Company 601 E, Hopkins, Aspen, Colorado 81611 (303) 925,1766 . (303) 925,6527 FAX UNKNCHl 2 PARCELS IN RIVERSIDE ADDITION - -<-j- Christina M, Davis Vice President r'", "",.",,,", PITKIN COUNTY TITLE, Inc. Vincent J, Higens President Title Insurance Company 601 E, Hopkins, Aspen, Colorado 81611 (303) 925,1766 . (303) 925-6527 FAX Christina M, Davis Vice President EXHIBIT "A" LOT 30, EASTWOOD SUBDIVISION ACCORDING TO THE PLAT THEREOF.