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HomeMy WebLinkAboutlanduse case.boa.615E-Bleeker.012-89 NOTICE OF PUBLIC HEARING Case 1a9-12 GEORGE W. MURPHY 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 autt10rity for variance from the provisioLs 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 varic ce are as follows: Date and Time of Meetinq: Date: Time: July 6, 1989 4:00 p.m. Owner for Variance: Appellant for Variance: Name: George W. Murphy Address: 615 E. Bleeker George W. Murphy Location or description of property: Location: 615 East Bleeker Lot 2 Gignoux-Lynch Subdivision variance Reauested: Property is located in the S/C/I zoning category. Maximum height is 32 feet to top of a flat roof or 32 feet to the midpoir.:t of a pitched roof. Applicant appears to be requesting a 24 inch height variance. will applicant be represented bv counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado8l6l1 Remo Lavagnino, Chairman. Jan Carney, Deputy City Clerk . ... C T rr 1. 0 F i\ ~; PEr J B 0 J\ R D 0 F 1\ f),l t J ~; , r t"1 EN f r ~. /5] /989 Appellant: n~ N. UU/ePI4"1 Case No.: :t:"<D1-/:l Address: ~~J~~ Phone: QZ'\- 2.f> 7 , D~te: ~ Address: ~tr Owner: JJCo. Building Permit Applicat~qn and prints or any other pertinent data must accompany this appl'ication, 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 ;5c:E h~b'::> NoL Will you be represented by counsel? Yes /",,"~J_______ .~~ PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR I 5' -?-. \ \ TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR I \"\ NOT GRANTING: (7. ~ ~- t - () f\ C:/ C / 1 r ---,1 1'/, U~J~f/r,~~~~-!J~~:~ ~e~cV~,_~ 0fjS-~~~~7~~ f6~O fWM....4..,.,....., ~I . ~\.J.. 0( .~.., ~h~,~.'c:.~~) '~af~(f'~)...;~..j~. .J-.,O, /~~(J-M- ~ ~ JV ~x;,'V).,,;\~~. d C~( ~):" ~W'\}oJIA.d~~> ~ .J" f status PERMIT REJECTED, DATE k - Zl:-r APPLICATION FILED (J - Ie; -ry MAILED DECISION DATE OF I1EARING SECRETARY DATE To: City of Aspen Board of Adjustment 130 S. Galena Aspen, Colorado 81611 From: George W. Murphy Box 4146 Aspen, Colorado 81612 Gentlemen: Pursuant to the guidelines furnished to me I am forwarding this application for a dimensional variance on my building project. This letter will serve the purpose of describing the proposed exception being requested and my justification for requesting the exception. BACKGROUND: (Optional Reading) I recently purchased the property in question. This building has been the h<:>me of my business since 1972. A major factor in my decision to purchase this property was to secure a long term location for my business in Aspen. The current trend of events in Aspen made me concerned that the building would be sold to another party who might not have the same goals as the previous owner. (My former landlord.) The property that I acquired is zoned in such a way (S.C. I.) as to allow the bllilding of an accessory dwelling unit. My purpose was to have a secure home for my business, a decent place to live, and a minimal drive to work ( NONE!) I would live upstairs from my place of business. PROBLEM: When I bought this property I was aware of the possibility of adding a third story dwelling unit. However, I didn't consider how the structural requirements of the project would combine with the height limitation and how it related to the natural and existing grade baselines. The problem stems from the fact that I have an existing building, constructed in the mid 1960's, on a then natural grade. That grade was altered during the previous construction. The current regulation manda'tes that the height limitation be determined from the base of the existing building as defined by the term natural grade: "NATURAL GRADE means t.he highest natural elevation of the ground surface, prior to development next to the proposed walls of a structure. If it shall be detenmined that the natural grade had been disturbed prior to development, the building, the Building Inspector shall establish what had been the natural grade and measure from t.hat. elevation." It was suggested at the time of an inspection, by the Chief Zoning Official, who had come at my request to explain and/or verify the elevatipn problems, that I forward an appeal to the Board of Adjustment. This waS based upon a perception that the grade, on my site, had most probably been substantially altered from its natural state during the initial construction and development. This is evidenced by the still existing grades on neighboring property. ( i~c att ashes ~]llltbi-ts.) ex~(~T\O~e -P~t:i'-J~ In order to fullfill all of the code requirements of the height limitatlon, as it was interperted in tenms of my existing site, I had to lower the ceiling height in my current workspace significantly. The ceiling is currently 10' high which provides appropriate air circulation as well as an area suitable to many of my operational necessities. Among these would be the turning and storing of 4x8 sheets of rigid sign blanks ~1S well as working with any projects over 8 feet in length. The cur'rent. design requires the ceiling to be lowered to 7' -6"or less in the area of the support beams. This will also necessitate the installation of new (lower) windows in my studio space. I also had to reduce the pitch of the roof in order to reduce the overall height of the entire finished project. REQUEST: I WOUld1like to be able to gain an additional 24" or three courses of block. My request is based upon the fact that the cement block constru tion of the existing building has a vertical component of 8" per block c,urse. As the approved plans stand I must eliminate 6 courses of block ot 48". This variance would allow me to minimize the removal of existin9 structure and allow me to maintain the efficency of my current business space. JUSTIIFICATION: It iSI my belief that the height limitation requirement is designed to keep the buildings in the community in scale with one another as well as to miinimize the blocking of viewplanes. My request, if granted will not significantly impair these goals. It appears that since there is a difference between the natural grade "Prior to development" (mid 60's) and the existing natural grade as it is defined by the current code, this request is reasonable. It is my opin~on that the proposed design, if it had been submitted as a brand new proposal, under the current code, given the natural grade, prior to any ~evelopment, would have been approved without the variance process. The Ooncept 600 building located between my property and Aspen Mountain curr~ntly towers over my building. If this request were to be granted the peak of my roof on the new construction would be still substantially below that of the neighboring building. Additionally, the mass that was projecting beyond the current height limitation would be minimal as the roof is sloped. {See drawing) This would not block anyone's view of the natural beauty of Aspen. Lex~l1j3lT\O ~~ ~~~ Than iderat.ion; June 16, 1989 To: Board of Adjustment Re: George W. Murphy applied tor Variance subjeot: List of owners within 300' Aspen 600 P.o. Box3159 Aspen, Co. 81612 J'ean-paul Aube 522 Algonqun ~oulevard E. Timmins Ontario Canada P4N 1~7 James .Aylor Johnson craig and Evangeline c/o 505 8370 Greensboro Road Me Lean, Virginia 22102 William Arnett 4805 so. Klmbark Ave. Chicago, Ill. 60615 B.e.s. properties c./o Howard :!ass P.O. :5ox 5018 }lSpen, Co. 81612 Albert w. ~Yan Jr. 1719 Sanderson Ave. Colorado springs, Co. 80915 IrYlng Mere Hunter Sq. properties suite 200 28 Marlner~Circle Tlburon, ca1. 94920 Robert :Boroh,rts 1,555, Washtenaw Ann Arbor, 'M1-ch. 48104 steve Brough 5~99 Trout Lake Dr. Sanger, Cal. 93657 Elizabeth Callahan P.O. ~ox 432 Aspen, Co. 81612 George car1sch 19760 Lake View Ave. Excelsior, Mlnn. -iCOJI::33i 55331 Richard coppock 11601 Pleasant View pinckney, Mich. 48169 Ralph Dol"an 2500 WooWard Way Atlanta J~leorgla 30305 Rita Doussard 2235 S. Hoyt Court Lakewood, Co. 80227 George Foster 351 C Mallard Point Barrington, Ill. 60010 Martha poster 3601 TUrtle Creek Boulevard Dallas, Tx. 75219 stephen Greene 1407 HUntington Dr. Richardson, Tx. 75080 Donald Heys 2495 Adare Ann Arbor, Mioh. ~81e~ 48104 Gilbert Hicks Trustee or Trust Agreement 3674 Woodlawn Terrace Pl. Honolulu, Hawaii 96822 Holland and Hart 600 E Main Aspen, co. 81611 DaYid Kidder 3928 University Boulevard Dallas, Tx. 75205 Don Q. Lamb c/o Dept. of Astronomy and Physics University of Chicago 5640 So. Ellis Ave. Chicago, Ill. 60637 John Leppla 4040 Dahl Road Mound, Minn. 55364 Kathleen Mann .J~r Is! ~ P.O. :eox 2057 Aspen, co. 81612 Joseph Marohetti 8532 w. ~erwyn Aye. Chicago, Ill. &o~56 60656 .lere Me Gaffey 777 E. Wisoonsin Ave. M1lwaukee, Wisconsin 53202 Robert Miller p.O. :!ox 4157 Aspen, Co. 81612 Robert Mitchell Suite 222 5934 Royal Lane Dallas, Tx. 75230 W. R. Newell Apt. 301 600 E. Main Aspen, Co. 81611 Michael o'Neil 1500 Diamond Shamrock Tower Dallas, TX. 75201 Klaus Obermeyer p.O. aox 130 Aspen, Co. 81612 R.~.H. A Joint Ventare P.O. :eox 6 566 Aspen, Co. 81612 Lloyd Ross 5637 ~nt Tree Dr. Dallas, Tx. 75248 Neil Ross P.O. :eox 2075 Aspen, Co. 81612 Mel se1d 1104 Dale Aye. Aspen, Co. 81611 Con and "Leigh Shirley 7805 Br_arldge Dallas ,::TX. 75230 Ga1len smith 601 E. :eleeker Aspen, Co. 81611 Melyin and Dorothy Sommer Tru~tee of Summer Paml1y Trust Box 3-3 Aspen, Co. 81612 Riohard stahura P.O. :!ox 17101 Plttsburg, fa. 15235 Linda waag P.O. :!ox 1624 A_pen, Co. 81612 fatti Wakefield ~501 summerhill Lane Dallas, Tx. 75239 Ardith Ware P.O. Box ~ 132 Aspen, co. 81612 Calvin Lul c/o Calvin Lu1 Hawaiian Adventure Vista Level 444 Hobron Lane Honolulu, Hawaii 96815 City of Aspen 130 S. Galena Aspen, Co. 81611 Pitkin county 506 E. Main Aspen, Co. 81611 st. Mary's Church Main and Hunter Aspen, Co. 81611 Pitkin county Ja11 506 E. Main Aspen, Co. 81611 Eagles Club 700 E. ~leeker Aspen, Co. 81611 County of Pitkin ) ) SSe 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,6~~~~~___, 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 con~inuously ZO day of duAJf:::/ 1e~ to the day of c~ for at least ten (10) full days before the hearing date). from the /7 , 19~j (Must be posted Subscribed and sworn tp before me this 'Z/- day of ~Alt!,~ I 19~~ by 6~fll'}A W. ..ut.Jr~ 7 WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 8-~~?J Not~~: ~ S"'O-6 c: .A./hi\, ~M 11611 Address " "Dn:'. :xJ ....., ta ..... .,J:::- <1" () oe :;,'~'O ., =r t1:Z:- g,s::- ::s lat1 OC"t'Q ::s ...,. ~ '-~: t-9 C1- t' >COC>> . ~ ~t1 \.11'1 8> · ~'>,.. ~....~,;.~.L. 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(.Co <.D;.o Wo COrT't :Xi rTi >< -0 ::0 ,.,.., o .30'01$ 1:: I T '-f' 1:1 F ASP E t...I 1 ~:0 SOI_ITH I~ALEt-.IA A~3F.Et-~ , C:IJ 8161 1 925-2020 F::ECEIPT # 16102121 Date: 06/21/89 Time: 16:1920 Cashier: 01 Station: 01 Reference: BOARD OF ADJUST FEES R,:cCalJnt NlJmbe r : Ledger AC1:ount..: 001070000063450 Code: RV054 Amount: $10.09 Pr'J9r.3fi1 : Amount tendered: CASH CHECI< TIJTAL GHA~~GE .0e 10.00 10.00 .00 THAt.., L..... ........ ",.- 0 LI! ------------~----.....--------_.......