Loading...
HomeMy WebLinkAboutlanduse case.boa.320aspengravecemeteryrd.005-88 o o NOTICE OF PUBLIC HEARING Case 188-5 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: I 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 s~ch 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 fo'r variance. Th~ particulars of the hearing and of the requested variance are asl follows: Date and Time of Meetinq: I Date: Time: May 5, 1988 4:00 pm Owner for Variance: Appellant for Variance: Name: Tom & Barbara Stanford Address: 320 Aspen Grove Cemetery Rd. Aspen, Colorado Wayne Ethridge Location or description of property: I Location: 320 Aspen Grove Cemetery Road I . d Var1ance Requeste: Property is located in the R-15b zoning category. Allowable height is 25 ft to mid point. (Ordinance No I. 25 Series 1987) Applicant appears to be requesting a 5 ft height variance measured at the mid point between the ridge and , eaves. "I Will applicant be represented bv counsel: Yes: X I The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado81611 Remo Lavagnino, Chairman Jan Carney, Deputy City Clerk J>eV\ \ eel NO: , Owner: 1/zc;/~'b 0 -1DM ( f'/;,12-PJAf'JI.- -'?TNJfbr:o (" 'il/&UC:H vVAYiJr €71I!Zim~) ~ . . property:. ~ ..~m?;/'UIJF. C$,v(Ii"~ I)2d>.O wT t 8.?oC/C- 1_ raAiAdJ ~~ (Street and Number of Subdivision Block and Lot CITY OF ASPEN o ~ , Date: Appellant: Case No. : Address: Phone: Address: -~. q?-O -12f?)Z_ . . Location of No.) Building Permit Application and prints or any other pertinent data must accompany.:this application, and will be made part 9f CASE NO.: .. ". . I THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. . DESCRIPTION OF-PROPOSED EXCEPTION SHOWING JUSTIFICATIONS A or- ~l!Qv\l~",:>-r FOe.. UA'e./-I>-0c'C.. ~ rNc: "H:\C;H r I -n-( (. e - I '5 B ZOI--J (... 'P I? rei C-/; TJ-{ ~ l}MLt MJ::::~ I or:: FlUE "7ancJ 11M! Ie:. lZE Q<A \ e t': t<-\ UJT'S I? roE'"- A vl4AXIMfMVI F t:t::-i 1M 1!k?U~'D .4T' TH E- F eoDT ex:: 71-1f: ~-n-tG'e~T Po12:nDD I '7 }.J1!0'~A:1V-{ TV ~ ~ ?OTCTl 010 OF THE.. ~r or:- T'1E- \'GESID~. nHL A .sT"Df' umec ~b{2 . " Will you be represent~d'bY counsel? 'Yes ~ No I . . J ~ :tb>r>14nU ..~~~;[::::~~..-=_._________..:::::~:::~:':::::::::J PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD THIS APPLICATION TO T~,~ BOARD OF ADJUST?-IENT lIND REASON FOR NOT GRAllTING: \?J\I-~t &~QJLd) vC-. \~ Q.-l'$ ~ "2-0~~ C~, ~~t-k%~0 ;'b-:-f'+-fu~M:fI{~ l\Jo,r?~~ (q~7J ~~<-~r~ 40 kft~~ 0- ~-A-J{LtettJ VAAl~ /h~cM<<1l{e J- ~I fi~ ~}0t~.. .A~clv ~ ~ / I. "- .., .^ . I Status .~ PERMI, "",CTED, DATE '/J,~~!k-r APPLICATION FILED t/,. . I /1I\.ILED ..~~-i~ Sig;;J DECISION DATE OF HEARING SECRETAHY . DATE - - _~________.______"..__'___ _.. ...._n__'_. . . " I o o STANFORD VARIANCE REQUEST BACKGROUND I The Stanford residence located on Lot #1 of The Eastwood Subdivision, has been the subject of considerable activity by the app1icants and by the Aspen/Pitkin Building Department. Construction of the residence commenced in 1986. During the course of construction, the Aspen/Pitkin Building Department fou~d that the residence was not in compliance with the height, setback and F. A. R. requirements of The Pitkin County land use code. Subsequent to discussions with officials of the building department, the Stanfords aoreed to lower the height of the roof by seven feet, since it wa~ initially determined that such an action would bring the roof into compliance with the county's height limitations. I After the roof had been lowered, the Aspen/Pitkin Building Department found that the roof was still in excess of the Cou~ty's height limits, and a stop work order was issued. The Stanfords then applied to the county Board of Adjustment for var~ance from the height, setback and floor area ratio requirements of the county code. Following the applicants presentation and review by the Board of Adjustment, the Sta~ford's application was denied. I During the period between the actions of The Pitkin County Board of Adjustment and the present, the property was annexed by The City of Aspen, And a new zone category. R-15B, was placed on the property. REQUEST 1 The ~ew R-15B Zone category placed on the property by the city of Aspen as part of the annexation process has eliminated the I need for a variance request for setback or floor area ratio. In fact, the Stan fords residence exceeds the city's R-15B zone District setback requirement in all cases. I The city's R-15B Zone District places a maximum height of 25 feet on all structures. Since the Stanford's residence was staited under county codes, all measurements to date have been based on the County's requirements of 28 feet. Since all residences in the area were constructed under county height regulation it appears reasonable that imposition of the city's height regulations would present an undue hardship on the applicant, and are in fact totally impractical to obtain. o o .' According to the latest calculations by the building department the southern most portion of the Stanford residence exceeds the county's height standards (measured at the midpoint of Ithe roof slope) as follows: front edge, 4.5 feet; halfway po:i:nt, 2.5 feet; rear portion, .5 feet; stepped up portion of roo'f, 1. 5 feet. (Three feet must be added to each figure to equal th~ R-15B height requirement.) I The applicants, Tom and Barbara Stanford, have agreed to lower the existing roof structure by 2.5 feet. which will result in la variance request of 2.0 feet for the front portion of the roof. The roof section will be in compliance at the halfway point and wi 11 be two feet lower than the county's height requirement at the rear. No change is planned to the stepped-up roof section so a variance of 1.5 feet in requested for this , area. JUSTIFICATION FOR VARIANCE SECTION 2-22 (D) (1) I "That the special conditions and circumstances do not result from the actions of the applicant." I The Stan fords applied for and received a building permit based on plans that were reviewed by the building department. Su~sequent reviews by the building department resulted in a deiermination that the structure was not in compliance with the codnty's heights requirements. After conversations with officials of the building department, it was determined that the Stanford residence could be brought into compliance with height requirements if the roof structure covering the southernmost portion of the residence was lowered. The applicants, at con'siderable expense and hardship, lowered the roof section, only to be informed by the building department that the roof still did notl comply with the county code. I The applicants have attempted to work with the building department to resolve the height problem, which did not result from the applicants actions. While there has been considerable con'fusion and correspondence regarding the measurement of the roof height, the Stan fords nevertheless believe they have followed the directives of the building department and that the problem with the height of the roof is not a result of their act'ions. o o SECTION 2-22(0) (2) I "That special or extraordinary circumstances apply to the subdect property that do not apply similarly to other properties in the same vicinity and zone." I The special circumstances relevant to the Stanford Residence include the considerable confusion regarding height measurement andl the fact the property has been annexed by the City of Aspen. As previous ly mentioned, the Stanfords lowered the roof a t the direction of the building department only to find that the roof still exceeded the county's height limits. As a gesture of good faith, the Stanfords are willing to further lower the roof. Structural considerations limit the amount of lowering to 2.5 feet. The lower roof will limit the degree of non-compliance to a small portion of the lowered roof and the stepped-up portion of the roof. . Given that the structural support system for the residence was designed based on county codes and height requirements, it is not possible to achieve the height limits imposed by the city's R-15B Zone district. The proposed reduction in roof height of 2.51 feet still allows a reasonable sill height and can be accommodated with limited restrictions on ceiling height. I SECTION 2-22 (D) (3) 1 "That the granting of a variance is essential to the enjoyment of a substantial property right enjoyed by other properties in the same vicinity and zone, but denied the subject pro~erty because of special conditions of extraordinary circumstances." I There is perhaps no greater property right than the ability to live in one's own residence. The current "red-tagged" status of the residence prevents the Stanfords from endoying their completed residence. The purpose of the variance request, which thel applicants believe to be a minimum request based on the history of the structure, is to allow completion of the home and to eliminate what is admittedly presently an eyesore in the neighborhood. The special conditions and extraordinary circumstances relevant to the property have previously been discussed. It should be noted that in addition to the Stanford's commitment to lowering the roof, substantial landscaping will be added to the site if the variance is granted, and the Stanfords have agreed to lower the driveway and frost the lower half of the reai windows to lower the impact of the Doremus' residence (lot 1, block 2, Aspen Grove Subdivision). I " I I I I I I I I . I I . I , I I ," o o Due to the annexation of the property, previous concerns with front setback and F.A.R. have been eliminated. The only circumstance preventing the Stanford's enjoyment of their pr6perty rights is the need for a height variance for a small portion of the roof structure. The Stanfords have attempted to work with the neighborhood to provide reasonable mitigation of concerns. The proposed landscaping and regrading of the driveway, while expensive, and not required as part of a variance request, should be considered as evidence of the Stanford's desire to resolve the problems with the residence. I SECTION 2-22 tdl (4) I "That the granting of a variance will not adversely affect the general purpose of the comprehensive general plan." I Wi th the exception of the height of a portion of the roof structure, the Stanford residence exceeds the minimum requirements of the land use code of the City of Aspen, which is the primary tool used to implement the comprehensive general plan. The granting of a minimum variance to resolve the height prdblem fits well within the context of the comprehensive plan, which is a general guide, rather than an absolute performance standard. I SUMMARY 1 The Stanford residence has been in a state of "suspended animation" for well over 18 months. The granting of a minor variance from county height standards of 28 feet will allow completion of the residence during the 1988 construction season. The current status of the residence creates a "lose-lose" si tuation for the neighborhood and for the Stanfords. The Board of !Adjustment, though exercise of its regulatory powers and good jUdgement, can allow the Stanfords the right of enjoyment of their property, and by placing reasonable conditions on the granting of the variance can resolve many of the concerns of the ne~ghborhood, a "win-win" situation for all concerned parties. I ~.- 0!J:;:f:~r idge2fJ Groundwork v I WE/bpb I I I I I i I I I 1 I I ! , I 1 , , j I I I I I I : uJ i ! U! , 2' :D uJ\ iL\Lil! !a~i :1P~( :4 . IT VI) i 1 I I I I i ; ! ! i , i I ; i \ , ; i ( ! I i , , , , , I , I I I i ;\ / \ i , , i I , 1 ~\. \ I I i I I I I i ! . I i I I 1 , ! ! I , . i . I. ;: o o ! 2 J ~ P. rJ J I ~Q~ I ~o ~~ -':1.0 -2 2uJ.:1 I ,O:z~ I : ~J J l? I )~cl I~~e Iil}.D \ z~~l j J2j \' . lL~O ! I 0 4:~ ! I ~~P-I i , , ~ ~ I 'j I o \ - , ..\-..- ... 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 2-22 (c) of the Municipal Code) follows: The undersigned, being first duly sworn, deposes and say~ as I,'j ; -. . . . .I'," 1. I , -:...W.~ilif~-_~7Ji?(rA:; E:-- " r.. . representing an Applicant.. b.efore the City of Aspen Board of , being or .... ". ..' Adjustment, personally ce.rt'ify that the attached photograph ", 'I~' . fairly and accurately represents ~he sign posted as Notice of the , variance. hearing on thfs matter in a conspicuous place on the subject property (as ~t .could be seen from the nearest public . way) and from the .'. . I}!!;-: - - that the said sign was posted .and Z C)7JJ.---- day of .. . ".1 day of .. . M-~.. ~fL... . , 19~. ~ [':1. visible continuously , 19~, to the (Must be posted for ,." ..~. at least ten (l~) ~ull dats before the:~earing date). T ~ Subscrib and sworn to fore me this 5 day of h.,C1;;;. }~+, by .\,)0:\,1''' '\;tt..,J ~p . _ . . , . WITNESS MY HlIND AND OFFICIAL SEAL. My commission expires: I/? 1./ !~ ./;vJo/l Jt u ~ ftv.lr\D . Notary PUb~:~~ ""J...\\~ II. C"..\j",~ PI) "IN cr ~1. , ~a sa2:J; ~/C .:2. J Address 8(,1 G>a"'je Licz . .F '~ The City of Aspen '30 S. Galena St. ,spen, CO 81611 ~\ ~ r ('.. ~~ C4:.'.. (.0""10 #.fhj, ,,\ ','"0 ~... 'tvc; llI. "~~~"", ;. W. Ever tt and EIsnor B. ~.oco~. n07 ~u nwell Bldg. -~ Knoxv .lle, TN 37902 :,,:;. iF 'fJJI V ~J V tJ - - , ., - J tit- / /1 ;. ;:'. ~~'. ~U~. T---- ./J. L. ,.--.- <C ... .. . _/~~-~ m c/1sp~,../.~!l.;"~_u_ ~iL ~ ' " , ~~~__41 ' ;' .......~~~ ~t&.!?;~i. If~ L4/ :0~.~i-_ .. ~ ~O~~~~.~....~~.. E.m=:ll<<m~' . J::':J,. . . . ~lliT . , Ji,~l!d&,47' . . .:.. ~' -" ~,_.ug/~ /.:?, --"-"-'-'-'~-,-~_._- ._,-,._~-- '," .."..:...- - '"- ',-' W-;3p .jr~~_u__A,6.~~ '.~. ....,:1" ~ X3.L~.. . _..; .'..'____~. .......~... -, --.-..~ . .cPdj3<fl1!./44~. ____.,,_.. /-"L-d 'ik-..i" .A' . -~::~'- '7~--~~~J'~;C'-> '-<:1 T~ .....u.~..~u~./ ..~. ~""'" F-- k..-.::., .....-e.:~~:.J-...".,', ...!:' . /. .... '//':/. d'=- ~:~L ~~GZ .. . ..~;~~?~: ,.' . __~ . r/? 1::;, : ... ~....,,-//<1Ic:Jt#:"'?-7dcJ. . __.n X(~/.~ .. ~ ~(' ~ .'~~.~.~f-- 6~v~. 7m~~..~C ~A/p7.. /~~a~~ ~ ." ..mc"~ . ~7J;;,... ,,- ..~cJ. . . ..... ".- 'r.:;u,~~" __b~// . ~'---.~~-~-=~ . Itr- ~AU;;-;;~~.~.~_. '. .~.~. ,. .~~~~La.J. r , ,~- " T' h~,~ ~"'.- _ __..." . ----7-- i.~." ---'--,-----.0:: ~4/ ~1LL'.~ ll":'-;'-;~' -/Ju~ . .- -~r~ .~.. 2A6// . .,"f-...' _ ~ " . ~. __ ..n~:..__._.~.~ -' . ~~ / " ~,. i/ /8' ~tf:-. ( k~ b;...",,~ ~,. _C};~'t1'H~ if, ..i/;i,,/c ...~.. ...'. Ik.e .'. ..... .' , ..~'/'h>-,., .J'~// . ~ (7 . (1-&c.. F- I rb h-4~<...e> ~8~ :::::::;:: :;;~ r:""/ ,.'. /J ~c; ( ~ / ._--,'~ -;~..cr- o{.~'...,,~ ~ '--.. .~. , " . """"-' ~~t?~"-..."..4~l4'H /-. '.I,Ld.a ~ . 'CtA~ ~~t4 . r~. ~g/CJ~ " . . E . ~ S -'7W02J I) ~ . ~ . - /;:;!- 3-... , . (/{ ~-,. . -~~UJ>;<f,l-,- . ~ -. -, . -- ~.".' '---. . . _..om .....0._ _ ~. ~.. ~,-, Vf ~~,~~.M-' . ~ 't>>~~ ~.f!<, ~. '"...' ~o('L.UJpo.zj -:--_.. . (Y. {// &;&.qJ r/3? ~ MJ~/~ f/'5rN_~""V< c:--~ ).,..:~a.. u . ;r ~~--~~ q. /~c.~~,.s . &.;(7 ~~ 4r~ ~4~-e..o4, %/~/I - jlenN~L", ~ to:, , U' /J,. '/ ~.~ cfl~~ t!:<:IfNO ,-,- $'v;". cl::l<;LY /k1 ~ .~ -,ed'e'~, . . b~~/~ VI JA,I-/, /daM:; ;t, ~ . . S-~o/ r/u /.3'~,~ -Yd- ~~~~/ ~ .3333 C} ./,- ,'-'" -.. " ,d"'" ~. ""...... ~c.. f? ~~s,.4 ({e-4~vJ z=.- ~ .~e. ~~~ 73~y:. ~('l/ . , . ./7? r- Z-a~J,7 L/'.!( $,,,,,:j.. I-t(ecl/?/~ 5".tl-- ~, Skl'~"'" ,;.;(, ,e.~ ~~. ,d/~~~.~.,...E.., /J/4so/V" '. 73 'f-o f= Y' . . /f<s I' I'V, ~ 1'0. ?r c t",Z ,-' ~ "W';?';'/:~"~\O".~- :J/it., . J:f"". .