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HomeMy WebLinkAboutlanduse case.boa.1425Red-Butte.010-87 r -'- - I -0 o ~t NOTICE OF PUBLIC HEARING Case 187-10 / Toddy Wynne BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT :,.. / TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOd: ,- 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 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, 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 Time of l,leetinq: Date: Time: August 13, 1987 4:00 p.m. Owner for Variance: A P pella n--t - for Variance: Name: Toddy Wynne Address: 1425 Red Butte Dr. Harry Mayer Const. Location or-description of property~ Location: 1425 Red Butte Dr. Aspen, Colorado Variance Requested: Property is located in the R-30 zoning ,category. Side yard setback is 10 ft. Sec. 24-3.7 Area and Bulk requirements. Applicant appears to be requesting to encroach with an attached garage 1 & 1/2 to 3 ft into the northerly side setback. "'ill appl icant be represented-bv - counsel: Yes:~ No~~ The City of Aspen Board of -Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chaiman Jan Carney, Deputy City Clerk '- . ; ,J . i t I -I I l I I I /' ,) (' ( l BOARD - OF -ADJlJSTMENTS RECORD-OF PROCEEDINGS AUGUST 13-. 1987 Chairman Remo Lavagnino called the meeting to order at 4:10 pm. ROLL - -cALL Answering roll call were Charlie Paterson, Josephine Mann, Rick Head and Ron Erickson. Francis Whitaker and Anne Austin were excused. MINO'l'ES- f>F-JULY-2 -.-- -1987 Ron Erickson made a motion to approve the minutes of July 2, 1987. Charlie Paterson seconded the motion with all in favor. MINO'l'ES-OF-JULY 16.---1987 Dale Potvin, I listened to There was a question as to whether the applicant, had said "zoning" in his presentation on page 2. the tape and he did use the word "zoning". After 2 corrections Rick Head made a motion to approve the minutes of July 16, 1987. Charlie Paterson seconded the motion with all in favor. CASE-187-10 -'fOIIDY WYftNE Property is located in the R-30 zoning category. Side yard setback is 10 ft. Sec. 24-3.7 Area and Bulk requirements. Applicant appears to be requesting to encroach with an attached garage 1 & 1/2 to 3 ft into the northerly side setback. Harry Mayer representing Toddy Wynne: Affidavit and posting were both presented to the Board. There is two homes right there that used to be a subdivision called the Quillen Subdivision. There is an empty lot on the corner. By the map you can see the neighbor I s house with a former property line. And now that new property line. It was done by the previous owner of both homes and lots and was done over the head of the City. It was taken to Denver to a higher court and they made them allow. The City did not want to allow this split. Remo: , This was a lot split? 1 "... "-' 1"""'\ c Harry Mayer: No, it was a change of a lot. Ron: Re-alignment of a lot line. Rick: A lot line adjustment. Harry: Lot line adjustment. The reason being it was a non- conforming house. They needed more space to do their addition and they wouldn't let them. They sued the City. They sued every neighbor. Rick Head: There was also a covenant in the subdivision that prevented this as well. This was in the early 80s. Remo: Why did it not come as a matter of procedure to this Board? ( Rick: It was a battle with Council I believe and the City attorney. Harry: So that is how that line got moved over. As you see the square footage right now the Lot A which is not the lot we are dealing with is a larger lot now, 31,776. Wynne's lot is 30,000. It could have been evenly distr ibuted and would have solved my problem here. I have come up with a few other al ternatives if this doesn't happen. One is possibly for Wynne purchasing 2 or 3 feet of the neighbor I s property. We need 10 feet. I have talked with the neighbor who has Lot 12A and he understands my problem. He didn't mind it at all. Practical difficulties: I am not sure of the wording whether that means practical sense or if that is one of the only solutions, or reasonable. The way the house is situated, as you face the house and you look at the left side, there a lot of trees. Presently I understand there is no driveway but it could be put in. I am not saying that it is not impossible to put a garage on the other side. I could be. There is room in the yard to put it with setbacks. l Charlie: You are saying you would lose trees on that side. Harry: You would lose trees, whereas on the other side I would lose a half-dead Aspen and one other Aspen. I feel the owners were somewhat misrepresented when they bought their lot. There is a big burm between the homes where it looks like that is my yard and that is your yard. I know when I purchase property I would get that marked and all the corners marked before. There was supposed to be a certified survey. I know it was the owner's fault for not doing it but if you would - look at the property, there is a burm so that the stake east of 2 . . the burm is the lot line. ( Then by the code "The applicant must present facts to prove such difficulties and hardships. The Board rarely finds practical difficulties or unnecessary hardships where applicants appeal as a matter of aesthetics or design or economics where a reasonable legal alternative is available." It is not reasonable to put it on into so many problems with trees. this town, it is another meeting. the other side. I have run To get a tree taken down in Remo: If we grant a permit to build something that has a 7 inch diameter tree in the middle of it, which takes precedent over it- our variance or the tree? We will have to get an opinion on that. Rick: There doesn't necessarily have to be a garage on either the east or west side, it could go in the back. You could have a driveway that goes right around in the back. That is all flat and buildable. I know it is taking up nice yard space. Harry: It could. rest of the way. I agree there is a lot--It is a huge lot the ( Josephine: garage? Are the owners feeling they really need an attached Harry: It is attached to the house but it does not enter the house. They go outside a little bit under an overhang. There is no direct access to the house from the garage. Then the code says "The following shall be considered valid reasons for granting a variance: That the special conditions and circumstances do not result from the actions of the applicant." That is the lot line. Then "The granting of the variance is essential to the enjoyment of a substantial property right enjoyed by other the properties in the same vicinity and zone." As I drove down the next house on the left you see a garage on one side and a garage on the other. I could not find a property line. I don't know if they are encroaching or not. As I drive through the neighborhood everyone else is able to enjoy a garage. Remo: We are not denying you that property right. You could still get a garage on this property. Perhaps not where you particularly want it. If this were a lot where it was really small and there was no other place to put this then you might have a case, plus the fact that the garage is not a necessity. It is an amenity according to the code. , l 3 o ~ Harry: I know this is not a great argument but this ( misrepresenting--if you look at the way the driveway comes in-- ( l Ron: But you have other recourse on that. misrepresentation, or the former owner. Sue the realtor for Harry: To put it behind the house, I would have objections from the neighbor next door. Their living area is located in such a way that this would be quite an obstruction. Remo: But you would be allowed to put it there. Maybe that is a good point for them to give you the extra 3 feet here on the side as far as the alternative. Rick: It is an adjustment I doubt you will ever get. It was litigation to the Supreme Court of Colorado on this whole thing. Remo: Only because the City objected to it. Harry: It is only a matter of 500 sq ft to give away. It is not even the whole lot line. As far as space, I could see a problem if this were close to a neighbor encroaching into the setback but there is a lot of room between. Remo: The lot line change was done under a single ownership, is that right? Harry: Yes. There is a third undeveloped lot. This is the only line that was changed. The original owner no longer owns any of the three lots. It is not listed as Red Butte Subdivision or Black Birch. Red Butte is an R-30. 300 feet down the street is an R-15 where you have 5 ft setback. Rick: He has created a new subdivision. That is why he was mired in this battle because he tried to take 2 lots and turn them into 3 lots. He had the density to do that but the subdivision had covenants against it and the City took the posture that it could not be done. He fought it to the Supreme Court and prevailed. He had enough land on the two lots to turn it into three lots. But that has no bearing on our consideration. Remo: What is the mlnlmum width of the garage, you have a 9 ft width garage door and you have 13 feet-- Harry: There is a wall there. It is a solid wall going up. Even if I take that off, I am still in the setbacks. Remo: You are getting rid of yard setback. It would just probably be about 1 foot. 2 feet. You wouldn't have the rear be the front corner and it would 4 '.'", --' ( Harry: At my own house I have a 10 ft wide garage and I have a Subaru. You can go in and just get out of the doors. It is only 13 feet. I have given him actually 11 ft inside to make it able to get the car door open against that one wall. Rick: I hate to get into these kind of things of redesigning his house but I can see other ways of resolving this problem without having to grant a variance. They have already given you an easement, the burm runs along here anyway. Maybe they will give you another easement to let you drive in. Harry: You get into big trees there. There are 4 trees at least to cut out to come in any other way to the garage on this side. The neighbor was a little upset at first. I said we are going to match the siding, roof and windows. It is going to look like it has always been there if I am allowed to do it. ( Remo asked if there were any other questions. There were none and he closed the public portion of the meeting. All Board members complimented Harry on his presentation. Rick: I do not see a hardship demonstrated here. We have seen this garage question time and time again. There are a number of other possibilities for putting a detached garage elsewhere on the property that would not require us to grant a variance. There have been numerable problems with respect to the neighbors -- in the Red Butte Subdivision on these properties historically and I think we are opening up another can of worms if we grant variance on this. I prefer to wait till the applicant appeals to Council for relief by way of a lot line adjustment. Ron: There are other alternatives as I see it to get this done. We have identified certain areas where you could get help from the neighbors. Josephine: This is one of the cases that we run into from time to time where there is lots of space but not in the right position or not accessible. But there is not a strong enough case here for us to grant a variance. l Charlie: First of all I consider this a minimal request. Second, I really consider it a hardship when the lot line is changed after a house has been built. Remo: But not after the purchaser bought it. Charlie: The point being, if that property line was there when the house was built, the house would have been built down another 15 or 20 feet. And because the house was put there, I consider this a hardship. It is another case where there seems to be plenty of land but the location of the garage anywhere else does 5 ( ( l '" J""\ ........<' not make a lot of sense. Th is is the only pI ace for thi s particular house that this location makes any sense. First of all the driveway location, second the window location on the other end of the house where the living room is and third, access to the back of the house would be quite difficult. I would be in favor of granting this variance. Remo: I think the applicant has the dubious honor of glvlng one of the best presentations and being shot down in flames by not being granted the variance. But I don't think all the avenues have been exhausted. One of them, if he had come to us and said I spoke to the owner of Lot 12A and he is adamant about not giving me 1 or 2 feet--that is an avenue that has not been explored, an avenue we don't have information on. If anything, the owner might be amenable to giving him a foot or whatever is required because he doesn't want to see the garage behind the house. And there are alternatives within the framework of the lot itself so I would be against granting this variance. Rick made a motion to deny request for variance on Case 87-10. Ron seconded the motion. Roll call vote: Ron Erickson, yes, Rick Head, yes, Josephine Mann, yes, Charlie Paterson, no, Remo Lavagnino. Charlie made a motion to adjourn. Rick seconded the motion with all in favor. The time was 4:50 pm. '~ 1 fJ : - . - f __L ',-' 1L1m a.!_ 'tt12tJ1tJ:::._____ Jani '. M. c"na~C1ty o.P,% C1,,' , 6 ^, CITY-DF ASPEN BOARD OF-ADJUSTMENT AUGUS'l'-l-3.1987 4: OO--P-.-M. A G-E-N DA I. ROLL CALL II. MINUTES OF JULY 2, 1987 MINUTES OF JULY 16, 1987 III. NEW BUSINESS Case #87-10 / Toddy Wynne IV. ADJOURNMENT , ( I "'- ~ -- . \'" -/ " , RECORD OF PROCEEDINGS BOARD OF ADJUSTMENTS JULY 2. 1987 Chairman Remo Lavagnino called the meeting to order at 4:00 pm. ROLL CALL Roll call was taken with all members present. MINUTES OF MAY 28. 1987 . . Josephine Mann made a motion to approve the minutes of May 28, 1987. Charlie Paterson seconded the motion with all in favor. CASE 187-9 -/DALE 'SALLY PO'l"VIN After discussion pertaining to impropei posting, the Board decided to table this case to date certain of July 16, 1987. Charlie made a motion to postpone this case to JUly 16, 1987. Anne Austin seconded the motion with all in favor. CASE 187-1/~MAS , HARRIET LARKIN Harriet Larkin: I gave you all a new copy of the survey in which I shaded the setback on our lot. I appeared before this Board on May 28, 1987 and I feel that my presentation was not clear enough about the unnecessary hardship of the layout of the lot. I brought this in to show what a large portion of our lot is in setback. Our front line is 181 feet long on the street and 100 feet on the side and 140 feet in the back. The whole lot is 8,082 sq ft. The setbacks take over 5,000 sq ft of the lot. This is more than 2/3 of the lot. This leaves just 1/3 of the lot to build upon. According to the information the Board of Adjustments gave me, the decision on whether to grant a variance is based on Section 2-22(d) items 1,2,3 & 4 page l56 of the Aspen Municipal Code which states these valid reasons for granting a variance. #1. "The special conditions and circumstances do not result from action of the applicant." Clearly the unusual shape of this lot with 181 ft frontage was done when the subdivision was platted and is not of our making. #2. "Special or extraordinary circumstances apply to the subject property that do not apply similarly to the other 1 , o J""\ . properties in the same vicinity or zone." The other lots in Calderwood do not have such large frontages on the street and are not penalized by such extreme amounts of footage and setbacks. Some of the lots have 30 ft frontage, some are 40 ft and some are 50 ft frontage. We should be entitled to what other property owners in this same area have. They lose much less of their lots due to setbacks and their lots are smaller. The granting of a variance will not adversely affect the purpose of the comprehensive plan. No property owners notified have objected and the ones in the immediate area who would be affected the most have been very supportive. I have letters from neighbors on both sides of me who are supporting this request and more who are here today in support of this request. The only variance I am asking is 15 feet instead of 30 feet on the street side. Remo asked for comments from the Board. Ron Erickson: Are you moving this garage closer to the house so that it is 10 ft from the house now? Harriet: It has to be at least 10 feet from the house. If it is attached the setback is 10 feet. If it is an accessory building, its setback is 5 feet. Remo asked for comments from the public. Susan Resnick: I live about 3 houses down from this property and I can't imagine why they would not get this variance. They have more greenery than anybody else in our neighborhood. It is a fairly congested area but their's is certainly the most open. I think the impact from this would be minimal. Olaf Hedstrom: The Larkins are very responsible, respectful people who wouldn't think of doing anything to harm the neighborhood. I, as a resident, am concerned about 2 particular things in the community; fairness and the maintenance of the appearance in our community. Number 1, I don't think this would be an objectionable structure. Number 2, I think it grossly unfair to deny the variance because of the unique form of their property compared to all the others. The failure to provide the variance would, I think, be grossly unfair to them. John Hayes of 1112 Waters: I can see no unfavorable impact whatsoever from this proposed variation. On the contrary the amount of open space they have around their house and the siting of the garage as they propose would seem to us to maintain the allure of that particular part of Waters Avenue. Pete McClain of 1110 Waters: I am here on behalf of Harriet Larkin., I think that any improvement like this on the cuI de 2 - sac, you should not even have to think about. It would be getting automobiles off the street and it would be a tremendous improvement to the whole cuI do sac and I think that everybody who lives there feels the same way. I can't imagine why the City would even think about turning down a variance like this. Those automobiles being off the street would make it simpler in the winter to have the street plowed. I think it would be a real nice improvement to the whole cuI do sac and I hope that you find in favor of this variance and let the Larkins take care of it right away. Remo asked for further public comments. There were none and he closed the public portion of the meeting. Letters from Richard Lewis and Leslie Holst were then read into the record as attached. Both were in support of this variance. Josephine Mann: I said last time that I thought the shape of the lot was a real hardship. Now we are told almost 2/3 of the lot is in setbacks not to be built upon. This re-enforces my feeling that this is a real hardship. I spent a lot of time looking at that today because I had said last time that garages are not a necessity. We have to really think hard about granting such a variance and so I went back and looked at that to see if I could agree with what I had said last time about thinking that this would not fit in with the spirit of the general plan. I decided I would change that because of the amount of space there. They have a larger lot than many of the other people do. That would be one thing that would be an advantage. It is also an advantage to get another vehicle off the street. I am also very favorably impressed with how the neighborhood feels about this and so I am willing to grant this variance. Rick Head then asked to excuse himself from this application because of a conflict of interest. Ron Erickson: I think the shape of the lot does present a hardship. I would grant a minimal variance which would mean moving the garage to lO feet from the building, move it back 3 feet on the lot so that it would not be inside the setback. Remo: You have to remember the reason that they COUldn't move it to the minimum variance was they couldn't turn the car around to get into that side. Anne: At the last meeting, I was opposed to this because I didn't see a hardship in needing to have a garage. Now that I have seen this presented a lot more clearly as far as the setbacks go and how much of the property she is losing due to the setbacks, I think there is a real hardship because of the shape of the property. I think it is something that has happened since they purchased the property as far as the zoning changes. The 3 "...., '-../ ""'" setbacks changed since the house was built. in favor of granting the variance now. It and the applicant has done the best she can as compact an area as possible. I would be very much is a minimal impact to set the garage in Francis: I don't find this a hardship in the shape of the lot. I noticed that it is 8,000 sq ft which is 2,000 sq ft more than the average building site. The real hardship was created when the house was built in the location that it is. It is also in the R-15 zone which requires 15,000 sq ft. I would agree it would be a minimal variance to put the garage. I really think it would make better sense to back the back of the garage up to the rear yard setback and that would be the minimum variance and it would make it easier access from the street. I would vote for it if the garage were turned so it is parallel or at right angles to the rear yard lot line and not parallel to the front yard lot line. Charlie: I really don't need to add anything to what I said at the last meeting. I do feel the shape of the lot does cause a hardShip. I would be favorably inc1 ined to grant a variance exactly how it was asked for today. However, I would yield to the Board members if they were going to vote no and go along with changing the configuration of how the garage should sit. I would be more inclined to grant the variance on the basis of the way it was asked. Ron: I think substantial justice would be done if we granted the variance as requested. I changed my mind. I don't want to re- design anybody's garage. Remo: I would love to give Harriet her variance but according to our guidelines, I don't see how we can. She mentioned those 4 valid reasons for granting a variance but they have to be prefaced by showing a hardship or a practical difficul ty first before you can apply those. Those are just guidelines for us for granting a variance. I don't think they are being denied of property rights. This is not a necessity. This is an amenity. The arguments of automobiles being off the street don't totally alleviate the problem as we all know. They get converted into other uses, storage, cars are always on the street. In this partiCUlar case, the car could always park on the property from testimony that was given at the last meeting. So those arguments don't have validity anyway because the use of what goes on inside this structure can change. I would not grant this variance. Josephine: After going through all this and noting that we were told that a minimum variance means that substantial justice is done, maybe not just in the minimum amount of square feet but a bigger concept than that, I would maintain that the difference between those two square footages is not very big. 4 -<'" '- " The members then came up with a figure of 80 sq ft as being the difference of footage between setting the garage where the appl icant asked and turning the garage as suggested by some of the Board members. Some felt this was an insignificant amount in comparison to the size of the lot. Ron: The lady is losing 5,000 sq ft of her lot because of an ordinance that was passed after she built her house. Remo: I agree with Francis in that that was not the best place to place the house. Anne: But that was done before the zoning regulations. Remo: But you buy a house with that idea that the house is in place. And those are the ramifications that come from the house being in that configuration. Anne: What I am saying is that I believe that the Larkins bought the house before the regulations went into effect. Remo: My argument is entirely different. I don't care about the minimum variance. My argument is it is an amenity and not a necessity. We don't have to supply them a garage. Francis: The code says that we must grant the minimum variance to make reasonable use of the property. I maintain that if one variance that is proposed is twice as big as the other that we should grant the minimum variance. To me it makes sense because it provides better access from the street. Fred Gannett: In terms of the minimum letter of the law, that has been interpreted not to mean an absolute one way or the other, but as to what is substantially fair. Those are the terms that are used in all the cases related to the Board of Adjustment. Substantial justice is the guideline. Francis: I am suggesting that minimum var iance that I see as possible plus providing better access. Anne: Do you know for a fact that that will work? Remo: We weren't presented with any evidence as to exactly where those trees are so we are going on the assumption that this is feasible because basically we are talking about a connection of a little portion of the driveway. Fred: If the Board felt that it would be helpfUl in decision, they could take what is called a jury view. could meet at some at some time and place so as to see would help them in making a decision. reaching a The board whether it 5 c ~ Remo: I think that is an excellent idea. Even though I am not going to vote for it I still think it a good idea in fairness to the applicant and to the Board's true understanding of what the problem is. If they are going to grant this variance it would be behoove us to go on the site and take a look at it. Josephine: I move that we all go the site and continue our meeting at the site. Ron seconded this motion with all in favor. The time was 5:20 pm. The meeting was continued on the Larkin Property at 5:35 pm. This on-site study resulted in a motion made by Francis Whitaker which would grant a variance to allow a garage 20 ft by 16 ft to be set against the rear yard setback, parallel to the rear yard line and to conform with the 10 ft space requirement between the main building and the accessory building. Charlie Paterson seconded the motion. Roll Call: Charlie Paterson, yes, Anne Austin, yes, Francis Whitaker, yes, Josephine Mann, yes, Remo Lavagnino, no. Clerk 6 . . ", # RECORD OF PROCEEDINGS BOARD OF ADJUSTMENTS JULY 16. 1987 Chairman Remo Lavagnino called the meeting to order at 4:00 pm. ROLL CALL Answering roll call were Rick Head, Charlie Paterson, Francis Whitaker and Ron Erickson. Josephine Mann and Anne Austin were both excused. MINUTES OF JULY 2. 1987 After discussion pertaining to corrections on these minutes Francis made a motion to table approval of the minutes until clerk has time to make proper corrections. Ron Erickson seconded the motion with all in favor. CASE 187-9 I-DALE & SALLY PO'l'VIN Property is in the R-6 zoning category. Rear yard setback is 15 ft. Actual carport setback appears to be 7 '4" and therefor encroaching into rear yard setback. Section 24-13.3 (a) no such nonconforming structure may be enlarged or attached in a way which increases its nonconformity. Applicant appears to be asking to complete the conversion of the carport to a garage in the rear yard setback. Applicant presented affidavit and sign of posting of notification of application for variance. Joe Edwards, representing Dale & Sally Potvin: Essentially, Dale wants to put a garage door on the back of what has been, for 25 years, a carport. I am going to let him recite for you the history of how this building got to where it is today. That will give you that perspective and then I will make some technical arguments. Dale Potvin: I purchased the house in about 1980. The house was built in 1962. Originally it was a house and a carport and then some time in 1970 a bedroom was added on. Joe: This is a 1970 improvement survey that shows at that time when they were making this addition on the side that the carport was existing and had been built at the time. Remo: And it is in the same condition that it is now? Joe: Except that we want to close off the back. 1 ~ o . . , Remo: I mean everything else was enclosed except for the door? Joe: Right. It is 7'4" from the back line. Bill Drueding: This survey shows a carport overhang of this thing here and a loop overhang here that does not show any connection. These two are connected now. Joe: That is correct. We are going to address that. There was an overhanging roof and they were not connected. Remo: Are they connected now? Joe: Yes, they are. Remo: When were they connected? Joe: He is going to tell you when that happened. Dale: This was a separate and independent carport and as an accessory building it can be within 5' of the rear yard setback in R-6 so this conformed to zoning assuming zoning was the same 25 years ago. Remo: Then it was not connected, is that right? Bill: It conformed in the rear but it was non-conforming in that separation. Joe: Who knows whether that was required 25 years ago. Dale: I bought the house after living here for a couple of years. In 1982 I was able to do some remodeling on it. It was in need of a new roof and in the process of getting a zoning permit to do an extensive remodel, I put a new roof on the house. My building permit to remodel allowed me to enclose kind of a hallway portion that you see on that survey between the carport and the existing house. It made that into a bedroom of sorts from the carport which required an extension of the roof. The 6" gap in the overhang was a natural collection point for blowing and melting snow which would dam up and create ice in that area. I reviewed that with the roofers and we decided to enclose the 6" gap. It seemed an obvious thing to do to stop the problem that we were having as far as ice and snow build up. That is effectively how the house became non-conforming from an accessory building to attached garage. Remo: Did you do this in conformance with your building permit? Dale: Yes. 2 '\ , Remo: Your permit allowed you to do this? Dale: Yes. I had a building permit to basically do all this remodeling to enclose this area and-- Remo: To connect the two buildings. Dale: And to add that connection between the hallway and then in the process of doing that I was in need of a new roof and so actually I put a roof on it and that was a disaster. The next summer I had to redo that and in that period made that connection. I initially did it one way and then I re-did it but effectively with that '82 permit I connected it. At that point the house was 22 years old. The roof was obviously in need of repair and I had a permit for that hallway and it was all part of the existing roof. It was an obvious safety hazard because of melting and ice build up and so it was enclosed at that point with a tar and gravel roof. Rick Head: If we are talking about a non-conforming structure because of the proximity of the carport to the house, why would the building inspector give approval on the permit to expand the non-conforming use? A variance would be needed. I don't see how the building inspector would have the authority to grant a permit on something that is already non-conforming and further expanding on the non-conforming. Dale: That was a hallway, Remo: I think it was an oversight. Joe: Technically they weren't moving the footer and the thing had been there since '62 and Remo: It is a point that he wanted to make. Rick: time. Because Bill is sitting here and he was around at the Perhaps he could shed some light on what happened. Francis: Could I ask for the chronology--the house was built in '62. The addition was in 1970? Dale: Correct. Francis: And then you went further in 1984? Dale: '82. Francis: correct? '82. In 1982 you closed the roofs in. Is that 3 o ""'" , Dale: Yes. Ron: What is closing the roofs in? Joe: They were overhanging and they put a little connecter between them to keep the snow from blowing in under the back door. Dale: I have just kind of put a grade so it kind of slopes from the garage on to the master bedroom rather than have that overhang. At that time I had no knowledge that there was any between an accessory building or an attached garage. that connection I just felt like it was an obvious didn't realize that maybe it was something that would carport non-conforming. distinction In making thing. I make that At that point when I bought the house there was a wall on the total east side of the garage. And its shed already in place. Joe: This is a picture taken right here looking along the sidewall so that you can just barely see the sidewall. This sidewall was in place on the existing carport and the guy had built-in storage cabinets on the inside of it. That was that way when Dale bought it. Remo: He bought in 1962? Joe: like this just No, he bought in '80. When he bought it, that was already closed in so it wasn't like a carport with 4 poles. It had wall, effectively had 3 sides, this side was not closed in. this side. Dale: When I re-sided the house, I re-sided that portion of it and so it now has vertical siding just at the horizontal side that was on it. In the last 2 years, I have had 2 thefts out of my carport, both of which aggravated me tremendously. In the first theft, I lost approximately $700.00 worth of tools and sports equipment. The other theft was a pair of skis which was just this last winter. After the second theft I was determined to close in the garage because of the irritation that this created for me. At this point I started enclosing a portion of it which would be the westerly portion. Joe will show you where that is . Joe: This little section here about 10 or 12 feet. Dale started adding the wall to there with the intention of putting a door on the back. 4 " , ~:=o: This was existing? :a1e: Yes. ::e: Well, yea, this is sort of like the side of the addition. ~:n: That was in the Fall of '821 ~:e: No, this was after in '86. ~:=o: You got a permit for that? =:'11: No. _:e: No. That is why we are here. This he started adding in ':5 and go ahead, Dale. :~le: That was done during the summer. Later i~ the summer I _:e: Here is a picture of what it looks like today. He added ~=:.s section. And he added around the corner t~ese sections here a== here. This part was already there. =:11: And did you re-do this wall here, Dale? :a1e: That was done in '82 when I entirely renodeled the house. : ~ctua11y had done a portion, there was celotex on a portion of : ~ since '82. I didn I t real ize that it should have required a ::-:::::lit. I did get a permit to move the electr:cal because the :lectrical box was in the carport. I also got a permit to move =:, gas meter out which was also inside the carport. But ::asica11y it was a non-structural addition. I probably should :_~7e got a permit. I was incorrect in not doinS that. I wasn't ::.enging the footprint. The posts that supported the garage are ~:::d of a natural parameter to enclose it and that is basically '.-::at I was attempting to do. At that point while I was getting ~::e permit, I was red tagged and stopped construction and have s:::ce come forward and applied for this application. ~:=o: When you got the permit to put in the garage door, you got :::0 tagged? _~~e: When I got the permit to change the electrical meter and =~s meter. :.==0: You got red tagged then? --'I =:.i. : ~::ere. That's what made us aware that something was going on ::e: They then went by and checked it because he pulled those :::::mits and they saw that he put on this wall and gone around the 5 I""' ........ , corner and was about to put on the garage door. They gave him this red tag asking that he do 3 things. He would need a I hour fire wall between the house and the garage. And you need a 1 and 3/8 solid core door here on the back and you need a survey to determine the proximity. So then this spring he filed a building permit to do those things. Under the application is a building permit and he was asking for the 1 hour fire wall, the placement of the glass door, a protective metal post and gas meter and to put in the overhead door from the carport. That was rejected and referred to this board for the reasons of a setback. Dale: That gives you an idea of what I am attempting to do. To enclose within the existing footprint a carport. And I am asking for a variance to do it for reasons of security. I have already had 2 thefts out of there and I feel like it is a very reasonable request. I have talked to all the property owners on the block. There are 6 other property owners. All of the other property owners enjoy the privilege of encroaching either into the rear yard setback or actually into the alley. So it is something that other property owners, over a time, have been able to do. I have talked to them each individually. I have a letter from each of the property owners on the block. They support my request and have all signed the letter. I typed up a form letter just to make it easier. I did review and give each person updated comment on all these points. They understand what I am doing. I have given them a copy of my application and reviewed it with them in detail. They are aware that I am just enclosing an existing garage within my property line but I need a variance. They feel the ~ore security there is in the alley, the safer everybody's property will be. They also feel that aesthetically they would rather drive by and see a closed garage door than look at all the things that one collects and stores in a carport or garage. Joe: Here are those letters for the record and here are a series of photographs that the Board members may want to examine that show the condition of the alley and show the other encroachments. You can see that these other buildings are a good deal closer to the alley than Dal e 's. All the ones on the north side are actually in the platted alleyway and this is a full residence which is within a few feet of the platted alleyway. I don't know how he got that unless he got a variance. And this is a detached structure which is in a few feet of it. Dale's is set back 7 & 1/2 ft. So every single property owner on the whole block has more of an encroachment than Dale does and they all have closed doors. Dale: The last point is that this spring the City of Aspen Police Department asked =e to close my garage door becau3e they 6 thought it was very much an obvious invitation for someone to steal. We discussed the problem they have had in the alleys in the west end with people stealing from those areas. I have since had them do a security report on my house. I have a written report from them with their minimum recommendation being that a garage door be installed and properly equipped with a security device. I have been victimized by burglary. It is an obvious target and is deficient and should be corrected. I certainly have the support of the Police Department in recommending that it be enclosed for security reasons. Joe: With respect to the code compliance part of the presentation I note that for some reason that defies logic, buildings on lots which are 2 and 1/2 times the size of this one, can have the principal dwelling only 10 feet from the back property line. Yet principal buildings in smaller R-6 zone are supposed to be 15 ft. It doesn't make a lot of sense but that is the way it is. Bill: The R-6 zone has streets and they have allowed don't have alleys. that. alleys. The subdivisions That is the reason for Joe: Also for accessory buildings, which in this case would include detached garages, can be 5 ft and I am not sure there is a lot of logical reason why you can say that it is more impractical to have a detached garage at 5 ft and yet an attached garage has to be 15 ft. What is the difference on the impact of the neighborhood? Bill: It is a safety factor. They want a 10 ft separation so they can get fire equipment in there. When you attach the garage to the house, they don't require the 10 ft but they require a 1 hour separation. That is a safety more than a visual effect. Joe: At any rate we are here requesting under either of two theories. We could either just request a variance--just a flat out setback variance instead of 15 ft that we be given a 7 '8" variance for the carport in place and allowed to go ahead and put the garage door on which is essentially all we want to do. The thing is there. It is not going away. It is not going to be torn down. And it is not going to be removed or anything so it isn't going anywhere. It seems 1 ike it is almost zero impact on anybody to put a garage door on it which will meet code. We will put in the fire wall. We will put in the solid core door. We will do everything that we are required to do as if it had been attached. We would just request that variance and I point out that compared to all the other properties on the block, we have more setback by substantial amount than anybody else. The second way this thing could be approved is by approval of an overhead door as being a non-structural addition to an existing 7 ""- """ , non-conforming structure. This thing was made non-conforming when the overhan~ing roofs were connected to prevent the snow from blOldng in. I don't think anybody realized that that had the effect of switching this from a detached structure accessory building to part of the principal residence making it technically non-conforming. It has been that way since 1982 and we could approve it as a non-structural addition which doesn't increase the non-conformity of that existing non-conforming structure. You could, I suppose, take the position that it was Dale's fault that it became nonconforming. But it certainly wasn't intentional and I think that no one noticed it. I think that provision allowing for existing non-conforming uses to be cleaned up, repaired, as long as they are not expanded is certainly within the intent of this thing. I think the standards of exceptional circumstances, the unnecessary hardship arises out of the fact that this is the most conforming of any on the block. It is an unnecessary hardship to say that he can't prevent thefts in this area by closing it off. All the neighbors think is a great idea. So we would respectfully request your consideration to, under either of those theories or both, grant Dale permission to complete this project and put his garage door on. Remo: First I want some clarification from Bill. That 1986 addition--that last one that he put the west wall and got red tagged--does that ~ean he would have to take that down? Bill: That was done that that be re~oved. to include that these without a permit and it could be required So any application for variance would have walls were done without a permit. Joe: Again, that is a non-structural wall. Remo: It doesn't ~atter. It was done without a permit and it is an illegal use. Actually it is not a carport now is it? It is a garage as it stands now. Just clear this point up. The structure, as it stands now, would you consider that a garage? Bill: In that it is surrounded by 4 walls, yea. Remo: It is a garage now. Bill: Yea. Francis: 4 walls? It is 3 walls closed off. Bill : garage not in The only one that is not closed off is the one where the door is to go. The wall has been extended but the door is there yet. 8 , Remo: My next question is what constitutes a door? Is 8 ft a door?, 4 ft?, 10 ft? So if they detach the main house from the garage and brought it back to its original status, they would not need a variance. If they just do separate roofs because that was a non-conforming use is between the 2 houses. That was existing. Bill: I have no proof that the connection between the roofs or the connection from the carport where the snow was blowing through--that connection I can find no proof that that was done. Remo: No, I am tal king about between the house--not the east wall--just the house and the garage. Charlie: You need 10 feet. Remo: Well, but OK, so that is a non-conforming use. It is a separate building now, it is not attached to the main house. We agreed that Bill: It was attached by wall also. Remo: Well, it wasn't. At one time it wasn't. Bill: But it is now. Remo: I know, I am trying to establish that if he had not connected these two walls together, and they were separated, what would that carport be considered? An accessory building? or an attached, I mean it is not attached Bill: It would have still been an accessory building Remo: Right, requiring what? Bill: Requiring what to do with it. Remo: These setbacks--the rear yard setbacks. Bill: The rear yard setback would have been non-conforming as far as Remo: Between the buildings but that was existing so we can't do anything about that. But they would have been allowed to put this structure in. Bill: No, I didn't say that. Remo: I mean a carport would have been a legal use. Bill: The carport was a legal use. Remo: Right. So it is the enclosure that you are--the conversion 9 c ""' , of increasing--but wait a minute ~:., the carport would have been a conforming use, it would have =e: setback requirements. Bill: It would have met the rea:: c'ard setback requirement. Remo: Isn't that the one that t~ec- are asking for? Bill: Yea. Remo: So that they could have cu:l: a garage. Bill: No. They couldn't have e~closed the area between the carport and the house because ~:~ need a 10 ft separation and they didn't have that. Remo: By adding the wall, they ~ould have increased the non- conforming. Bill: Yea, you took your carpc::: like this and then, you know, your wall here Remo: So that the fact that it ~:=~'t have a wall back there Bill: Right. Rick Head: You can't expand a nc~-:onforming. Bill: Right. It was a carpor: =-~d so there was no existing wall. There was a separati:~ ::etween there. In '82 the connection that was made. I ca~': ?rove that it was done either way. When you come to '86 wha: ~=-~pened was the electrical and gas meter had to be taken outside. Permits are pulled separately without getting a building pe::=it. They were asked to be inspected. The Building Inspec::::: ;,rent out there and said well that is fine but how did this c:~a:: stuff happen? That is the time that he red tagged it in '86. 5e knew that we wouldn't have allowed that to become a garage ~e:ause then it would require a 1 hour separation. He had a door .~:ch was not a proper door. He had been here long enough he ~~a~ it wasn't inspected. These walls, by Joe's admission and 0= c:urs, this wall here and these walls across there, were done wi:~:~t a permit. This one you can clearly see was done on purpose. Ron: Dale, how long have you bee~ :n real estate? Dale: I have been a broker for a=:~~ 5 years. Ron: And in real estate in this ::wn? Were you in real estate when you bought this house? Dale: years. No. Actually I was. I ~a7e been in real estate about 7 I would note that I did ~~ll 2 permits that were needed -- r _',i " in compliance with City codes. My intention was to do this by code. I could have easily put up a garage door and I admit I did enclose that without a permit which was incorrect. But I could easily put a garage door on and without a permit. Remo: Then you would not have been able to move those utilities outside. Dale: What I am saying is that I felt that it was a very minor issue. I felt like as long as utilities were outside, both gas and electrical, I was effectively complying with Joe: And he was wrong and he admits that. Rick Head: Wouldn't you say there were other issues like fire wall and glass door that justify permits? Dale: I will rectify all those issues as shown by my building permi t. Bill: When did you apply for the garage door? After being red tagged? Dale: Yea, not until a month ago, 6 weeks ago. Joe: You were red tagged in the Fall. And he waited till this spring to get back into the construction business. Dale: There is a certain amount of frustration that a homeowner feels when things are stolen from you. A certain amount of feeling of invasion that I guess motivated me just to go ahead and get this done. Every time something is stolen I feel very frustrated and probably that frustration is what made me go ahead without first coming in to get a variance but Joe: Well, you didn't know a var iance was necessary until you got red tagged, actually till you got the building permit. That is the first time the setback issue came up. Bill: There wasn't anything else to corne in for. Dale: In retrospect I was incorrect in the procedure I followed but it is my intention to do it by code and I think that the security issue is a very strong one here. Remo: I would like to address that since that is a strong argument. There is plenty of opportunity to secure whatever your possessions are. It is not incumbent on us to have that space provided for you especially in a non-conforming use. As I remember looking into that garage you have some utilities in the back. You have a kind of step up that sets back of where some type of bench or laundry or some other area. The cars don't go 11 ,...... """" , to the wall. That portion could be secured. You could put some kind of locks or whatever it takes to secure it. If that is an insecu re ar ea then don't put you r possessions out there. We can't really look at arguments of that nature in order to look at granting a variance. On another point, you talk about other people enjoying or infringing on the setback. Because others have more than you, does not give us cause to expand your non-conforming use. You also are enjoying something in the setback. Whether somebody is in the alley or not, I don't think it is a matter of degree to how much more you can ask for in a non-conforming way than other people are enjoying. Joe: In response to that I stuck that in there because I was reading out of section 2-22 paragraph D which says the following: Shall be considered a valid reason for granting a variance. (3) 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 to this property because of special conditions or extraordinary circumstances. Remo: But you are enjoying those. You are in the setback. Joe: The others all have their doors on and we don't. Remo: I don't think it was meant: to expand those non-conforming uses. You are enjoying it--not to the degree that they are. That doesn't give us cause to grant you a variance. Joe: But expanding would be to enlarge. Remo: Expanding the use. It could be expanding the use too. Joe: We are not expanding it. footprint. It is within exactly the same Remo: You know, when I first saw this I said I can't believe that you are being denied a permit. I can't believe that you wouldn't be allowed an overhead door to be put in here. I almost had prejudice coming in here. I couldn't understand why we couldn't give him this variance. But now I realize that there is cause. When you are doing things illegally in the first place in order to get to the point where it looks like a garage, then we have a different set of criteria on which to base granting you a var iance or not. And that has to be addressed. If that was an existing built structure the way it is now, I can hardly understand why you wouldn't be granted a variance. But I can see that a lot of things have happened that were not under the review of accountability to the Building Department. Joe: Dale has apologized for that:. Are we gOing to penalize him 12 , and not give him a variance the way you give everybody else because he did not realize he needed a building permit? Rick: First we gave him a variance for the garage door and the Building Department said you got to pullout those two walls that were added illegally. Bill: If you give him the variance for the door, you are giving him the variance for the walls. Then the Building Department, with your variance, can have him do the construction correctly. Rick: What position would the Building Dept take if we deny the garage door? Would you let him leave the walls that are presently there? Bill: I would have to talk to the City attorney. Joe: They would never act on a mandatory injunction to try to force somebody to remove that. That's silly. Remo: We had a whole roof removed. A roof that was up already on the Continental Inn. Charlie: But that was a very extreme situation. Remo: Well, it was something that we did that should be done. Joe: He was doing it intentionally, right? He knew exactly what he was doing. He was deliberately violating it. He only got the permits that he knew he needed to get and he just didn't think a garage door required one. He was wrong. He was dead wrong. He should have had more consciousness about it. Do we want to continue to flail him because he made a mistake? Remo: I think what Ron might have been referring to, is that he is in the business of knowing things about it. Ron: I consider him an expert in this field. Remo: And all of a sudden to lose his memory about failing to realize that he needs a permit to put up any kind of structure-- anything you do around here. Joe: I deal with brokers every single day. Maybe they should know more than they do but they don't know beans about setbacks. I am always dealing with the problem of a lack of realtor's knowledge of the technical compliance with the codes. That's why we have lawyers. Remo: But Dale has been before us on a lot split and we were talking about things of that nature. I can't believe that he is not f amil iar with that section of the code. However, given the 13 e --""" benefit of the doubt on that Francis: I think it is pertinen~ to introduce something in this draft that has been prepared by the City Attorney about our duties and reasons. On page 5 ~aragraph 3: Self infliction or self created. Whether a hardship is a result of the applicant's own actions is a highly significant fact which is of material element bearing on the determination of the necessary hardship or practical difficulty and weighs heavily against an owner seeking variance. This is a self-created hardship. some of it without a permit. Joe: I think what they are referring to there would be something like if he had built the thing ~ithin the setback and then came in for the variance. But he was just merely trying to put a door on the back of something that has been there for 25 years. Some of it with a permit and Francis: By connecting the garase to the house is what created the non-conformity. Joe: That's right. Not to anybody's intention or knowledge. Francis: Didn't you do that? Dale: Yea. 6 years ago. Francis: You created the non-conformity by your own actions. This is the point I am trying to ~ake. Dale: I had a building permit to remodel my house. I had a permit to enclose the hallway. T~at required a new roof. I was operating under the assumption that it was an allowable thing for me to do. The house was inspected and signed off on and no one mentioned that by enclosing that overlap I was creating a non- conformity. I didn't realize it was. I don't think any of us actually did until we delved into this particular issue. I don't think that it was an intentional violation of any codes on my part. It was done as a safet:y issue. I am sure you can appreciate that. I have to admit that your point is well taken that there are other things you can do for security but when things are stolen from you, there is a bit of emotion that does come into play and if you have ever been through that, I am sure you can appreciate it. Remo asked if there were any other public comments. Joe: I would ask that the Board look back at this thing in the way in which you looked at it whe~ you first heard about it. You guys aren't to be a criminal law jury to sit here and decide that Dale was a bad guy because he overlooked the fact that he needed 14 , . a permit to put the west wall on. Therefor, we are going to punish him by not giving a variance that if he hadn't done that we would otherwise give. That isn't really the roll of this Commission. Look at it from the standpoint of what have we got here. What is this going to harm? What is the best thing to do under the situation for the community, for the land use codes, for the building, for the health, safety and Ivelfare of its occupants and its people? What is reasonable under the circumstance? Your initial reaction was very accurate. It is totally silly to say that he can't put a door on the back of the garage. All of his neighbors support it. Nobody complained. Everybody thinks it is a great idea. The thing has been there for 25 years. It ain't gonna get any bigger. Its gonna get better if we put the door on it. The police want him to put the door on it. He wants to put the door on it. The neighbors want him to put the door on it. So why don't we do the thing that is right and let him have the door on it? It just seem incredulous that we would get hung up in some other logic to turn down what everyone thinks is the most reasonable thing to be done here under the circumstances. It is a plea for logic and reason and humanness. We have come back. We are asking for a building permit. We want to put on the fire wall. We want to put on the core door. We want to do it legally. We will do everything Bill wants us to do. We will do it twice. We are trying to be lawful, law abiding citizens here for an oversight. It ain't gonna hurt a person in the world and it's gonna help Dale and it's gonna help the pOlice. The only people its gonna help by you guys denying it is some burglars. And everybody is gonna be harmed. Francis: I am unclear as to how much of the walls of the existing part were added without a permit. Joe: This section here and here and this section here and this section here. And the top was already there. This wall was already here and the top across here was already here. Ron: And this one was added under the permit in '82? Joe: This was already always on the carport. This drop down was always on the carport. What Dale added was this section. And this little section around the corner. Francis: Was this 7 ft or so? Joe: Yes. Ron: You mean this used to be open here? Joe: No, no, this was part of the house. That was started in 15 i""'\ '-../ J""\ '70 before he bought it. Bill: So this roof is now connected. Francis: There is no wall along there? Joe: No. Remo: So there is no wall there? Joe: No. Bill: You have to keep a 10 ft separation between a carport, the carport roof and--it doesn't need to have a wall. Just needs a roof. Just a carport. You can't put the carport right up against your main building. You can attach it. You don't need a separation there. Remo: Well, if the ca rpo r tis he re, then it becomes a non- conforming use. Joe: For 25 years its been like that, which is now nonconforming. Remo: Now, there was no line here. Joe: Well there is a pole. Bill: There was a separation there. I can find no proof that this connection was made with a legal permico That doesn't mean that it was not done legally. Remo: But he had a permit. Bill: No he didn't. Remo: To connect this roof? Bill: No. Remo: He didn't. See, I guess my point was before that when I asked you whether they could put a wall between that, you said no, they can't because it is not 10 feet. Bill: Right. Remo: But I am saying to you that there was no wall. They don't have to put a wall, but once you connect it by the roof that changes it and you did connect it with a wall there. He connected with a sidewall and a roof. Dale: The connection was done in '70 and so because of blO\~ing 16 . snow and buildup, I just had a little roof about 6 inches, you know, its just sloping so there is a natural grade. Actually they just sloped everything from this end. Bill: Did you have a building permit to do that? Dale: Yes. Bill: Do you have copy of it? Dale: In '82 I got a permit to put a door right here. I want to stress that when I enclosed this it was an outside hallway. Ron: There was no roof there before? Dale: Right. In '82 the house needed a new roof and it was a decision made with the roofer, you know, where do you want the water to run? Bill: Did you get a roofing permit? Dale: I used a licensed contractor. Bill: You got a licensed contractor. You got a roofing permit and that is a different thing. You got a permit to re-roof a roof which you don't go and inspect and you don't look Joe: You don't expect anything to be added, any construction to be added Bill: So this connection was not made, this is an additional thing you should have had a permit for instead of just a roofing permit. Dale: I used their license for roofing contractors Bill: The roofing contractor? That's why I don't have any plans for th i s and no reco rd. A roof ing contractor is a different thing. Dale: I assumed he got one. Bill: Well, I don't think you can assume, I thought he would have but he didn't that I can see. Charlie: I can see that was a very honest mistake. Remo: Yea, I don't find any fault in that. Francis: As I understand it, part of the walls at the back were added without a permit and the roof was connected without a permit. Is that correct? 17 "..., "" "'" , Dale: The roof was done with a roofing contractor. Francis: Connecting and adding more to connect the building. Joe: Well Francis, nobody knows. We don't have a permit copy. That was 6 years ago. They don't have a copy so we can't say whether it was done lawfully or not. Remo: But a licensed roofing contractor did the work. Dale: Yes. They are a licensed contractor. They work in this valley every day. I assumed that they were legitimate and honest. I paid them fees and put that roof on and they handled the whole thing for me. Bill: walls The thing is it was still a carport and we have two more and what do we do about that? Remo: We have several letters. They are form letters and Ron will read one and I will enter the names for all of those for the record. Ron: Dated July 9, 1987, City of Aspen. Board of Adjustments, Dear Board of Adjustments: I support the request by the Potvins to enclose their existing carport into a garage. I understand their carport has been in existence since 1970 and that the enclosure represents no further expansion into the rear yard setback. I feel it is in everyone's best interest because it will provide more security for all of us who use the alley by making the Potvin's personal items less visible for potential thefts. Aesthetically, it will give the alley a nicer look. Please grant the potvins the variances needed to accomplish this enclosure. Signatures to this letter are as follows: Jack Barker, Lots K, L, & M, Block 43 John Lizzo, Lots R & S, Block 43 Marguerite M. SCheid, Estate, Lot A, B, C, Block 43 Sharon M. Prior, Lots D & E, Block 43 Vivienne E. Jones, Lots F, G, H, & I, Block 43 C.M. Clark, Lot R & S, Block 43 Dale: I sat down with each person and reviewed exactly what was done. I disclosed that I had built a wall illegally. I showed them the maDS. That is a form letter j~st out of convenience because I did not feel I wanted to infringe upon my neighbors to write something out. You are welcome to call anyone. There are some people from in town and some from out of town. I have their total support for this action. 18 . Remo asked if there was any further public comment. There bei~g none he closed t~e public portion of the meeting and asked for comments from the Soard. Charlie: I had t~e same reaction that you did, Remo, when I wer.~ by there. I loci<ed at all the other houses and saw the nice closed-in area, es;ecially the one down at the end of the blcci<. I said I can I t possibly believe that he does not have a garaqe door on this. I did not know at the time that he did add a section of a wall to make it look the way it looks. But when I look at the whole picture and all the things you have said, which I agrEe with you, there is definitely a wrong whEn something is addE': without a building permit. There are so::e doubtful gray areas. But when I look at the whole thing, I can see an honest error taking place between a roofing contractor and an owner in sol ving the probl em. You put a new roof on a building and say, look, I have ice dams here and snow in between the building, all t~ese problems--how am I going to solve the::? The roofing contractor goes down, he gets a permit to re-roof. They do a little addition of 3 feet on the sloping roof. T~ey solve the proble::. r can see where that is an honest error. - isn't something t~at is planned by the owner to bypass a building inspector. I also think it is a minimal variance. It is a reasonable request, a logical consequence of all these circumstances. I see a property right 0: this OIvner which is enjoyed by others in t~e same vicinity and zone. I see there is a health and hazard problem where if :.':: is not granted, there is a half-finis~Ed situation. I kn010 the City is not going to go into a lEqal situation. I feel strongly that they won't make him tear off that roof and ca~se an unsafe house which is going to cause problems again. :::e is going to have a sloping roof which drops then into a holE i: vou make him take down those connections t~a1: we have been told ~ave been added, illegally, yes but they ~ave been added. I have had protle::s with thefts and you feel like you are invaded by something you can't handle. There is no way you can solve '::~e problem. If I had a boat, I can't put it in my child's bedrcc::!. I have a motorcycle. I can't stick it in my bedroom. You know. its very imprac~ica: to ask people and say well you can get ot~e: storage places. : feel that the only solution we can really humanly do in this case is to grant the variance and be done wieh it. And give t:-.e police a little peace of mind and the owner peace of mind beca::se that is a real problem anywhere where ~.ou have nice houses an: you have a lot of belongings. I would gran: the variance. Remo: Charlie. yc:: addressed the roofing contract and I think we might agree with you on that. But you really sluffed over 1:~at 19 "... '""..... "" , other little wall that they put up illegally. Would you care to state your rationale in allowing that to happen before you grant him a variance? Charlie: I can see where the evidence presented shows that the owner was planning to put the garage door on. The only way to put the garage door on is to build those walls. You can't build a garage door against an open post and have a hole there. Again I don't feel we are looking at somebody with criminal intent because I don't feel that's what this is all about. I think that somebody was trying to solve a problem and it may have been not quite legal and then a lot of people don't know that a small roof or a small wall has got consequences in the zoning code. I don I t feel the neighborhood is served by us not granting the variance. I understand your points. I agree with them but I want to go beyond that. I feel that we have a problem to solve not only for the City but for the owner. I think it is a real serious Frob1em. The Building Department can't solve it. We are his last resort. We are here to try to bring justice and humanism to a pretty harsh zoning code. When you look at this in context, the zoning code doesn't make sense for this Farticular situation. I can't solve it by adhering to the zoning code. Remo: r agree with you but he had recourse and that was to come to this Board in order to get that variance to do that and present those arguments that you are presenting to me now, to the chair. They could present it to the Board at the s~"e time and we would have looked at it in that manor. Right? Charlie: I think it is an honest oversight. Rick: I think the fact that the applicant has or should have had superior knowledge to the lay person as to building permits. I have a problem with that. I can empathize with the applicant's loss to -thefts. I, too, in the same'vicinity, have haa-a number of thefts this year from my home. I don't have the luxury of a garage or a carport. There is nowhere on my property r could put one and abide by all the setbacks. I have to make other arrangements. I usually do that by taking a storage shed down valley and that is a pain in the neck as we all know. But that's life in the west end in the R-6 zone. I don't know if we have ever granted a variance based on recurring thefts as being a hardship. Hthough I feel empathy for the aFPlicant, I don't know if that is a consideration I can justify giving a variance for. I think Rerno's comments are well taken as to possibly building another secure area within the confines of that carport, perhaps another partition wall between the house and where the car would naturally stop. I don't know if gram::.::g this variance would actually be in keepinS with the spirit or the letter of the comprehensive plan. I think we are, 20 Jf',,\ / . in fact, granting a variance to increase a non-conforming situation. It was a carport. Now all of a sudden it is close to a garage. It is this creeping situation that we are faced with constantly. Again it may not have been the cause of the applicant but I think it is a consideration. I personally, I am torn. This is a tough one. I don't think I would be prepared to grant a variance. Ron: I have to agree with Rick. It is tough. Some of the walls have been there longer than others and so on and so forth. But I don't see a hardship. I think that special condition results from the actions of the applicant, maybe inadvertent, honest mistakes but they were his actions. Nobody else put up the walls or anything else. I think that the simplest thing to do would be to add a garage for him and be done with it like Charlie suggests. However, I think that would be going against the code. It would be condoning this creeping disregard for the code that I feel in this situation. It is real easy to say oh it is just a garage now but there was 6 years when a lot of things were going on to get it to this point. It is 95% finished so it is not worth going back and tearing it down. I would like to see something done. But I think that the non-conformity should be reduced back to the 1982 level, the last time that a building permit was issued. I would not grant this variance. Joe: Well, that's it because you have to have 4 votes. Remo: I thought maybe you would like to hear the comments. For the record, we want to put them down. Francis: I feel that the special conditions and circumstances resulted from the action of the applicant. And I don't thinK we can excuse something by holding it as an honest mistake. That is not the way the Board has handled things in the past and I don't think it should handle it that way now. I also feel that an applicant has two strikes against him when he comes in and aQ"its that he added a part of the structure without a permit with the intention of putting the door in and probably would have put the door in except for the stop order. I am very sympathetic in your problem. I have had thefts with people coming right into my yard and stealing things out in the Snowbunny area. I feel the Beard has to go by certain principles and guidelines and I don't feel that you have met them enough to justify a variance. I am very sorry. Remo: Basically I feel the same way. I have stated my position. The only thing that I could add is that I really don't subscribe to the idea that because something done honestly but ill egally should be allowed to continue in its non-conformity. So I would be against granting this variance. Ron: I move to deny this variance. 21 o """'" .. Francis seconded the motion. Roll call vote: Ron Erickson, yes, Francis Whitaker, yes, Charlie Paterson, no, Rick Head, yes, Remo Lavagnino, yes. Variance denied. Ron made a motion to adjourn. Rick seconded the motion with all in favor. The time was 5:15 pm. Clerk 22 "..~.,___~__".._R~'__..__.~___~_'._"___'''__~__''-'''''_''___ NOTICE OF PUBLIC HEARING Case 187-10 1 Toddy Wynne 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. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meettrra: Date: Time: August 13, 1987 4:00 p.m. OWner for Variance: Appellant for Variance: Name: Toddy Wynne Address: 1425 Red Butte Dr. Harry Mayer Const. Location or description of prQpert~ Location: 1425 Red Butte Dr. Aspen, Colorado Variance Reauested: Property is located in the R-30 zoning category. Side yard setback is 10 ft. Sec. 24-3.7 Area and Bulk requirements. Applicant appears to be requesting to encroach with an attached garage 1 & 1/2 to 3 ft into the northerly side setback. Will applicant be representect--b.y 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 . \ \ \ \ \ \ f2" \ , PJPC(~IOOCJ) .- ~ (10:08'5) \ \ , . '" .. '" '" "'"\ ~/" Cl.. \ " \ \ \ \ \ \ ~ \ .;, \ ~ \ \ \ €> \ <);..0 \ ~_(O'\ ",0 ,,\ U \'> I \ \ -!l 3'2,7 . " -!l .,"., ~,,",~ I . ~ ., ~ 0 .--.rl) .J ....~.J ,,~ '" ',;<.G"- ;__,-- ._'_..-~ ---,------DiU--.. -- . ., r ISO' LfT1LlTl' [.J'bE\--1EN1 [r<-J<DN'e.~;61' .", ~ ,~---~-~~~~~----- r-,-. I . v FOf?:ME-R f',",Op_r" (~.t.E. VI I ~- - l___ -- L---- ----- ~ ---------' ---- - ,- 8 Ie> IN Q , i ---\ ; \ , \ \ ---\ , , i~ \ \ [1\ --' ...... N ~ li. C' ~ a::. lei ~~,"~' Ol'-l(. t>~ ~J. wcPO. l1!.-_-"1 ,-- " \\~/,..,.o\ dl ~,~UZZ\ \ ~ . \ \ \\-_---1 \ ?J ,)'. I<l: )e' ~:, o LOT 12 ^ 3177& SQFT ~ ........- ..,t. .." -. dl '" ~t , ..ll N. Ol ~ . 1)'_ ------.------------ ,.F1:JU o V . ., 1\~ 'II F(;)...1~i.~"'r ~~T' . ~~/PU...OIP (r. 1000) ~ .' 1'" I--~ { O~T' ~-4...y,.V\ .__.__.,:U'~OBD) c.v " . '~ - _________2&1' -:t,. t <. :- ~ ~ .ll' ,. N, '&. -; ~~ r\\ 1'\ ~\ c-ol( 1"\ IJ' - ..---- I' . l-A.,~ - . ~ .- \ ~,n -C,i~~~ -.,J<PO t>_~O" Qv:.l'- .,,:.\ ~2 \~ .:J- lJf> 3,>- DR./I/~ ~ ~ ~ ~ N J>..; /0-: tl ~ ~ ~ ? ....... ". -- :-: r ~ C u-O> ~. o c]1""', l ), S_,,/ LOT 11 A 30",.;:, 'X:;> '- . FT ~ 1'-- ,0') N N '- ", "-. . -0 ? ?::. I I , i , I I I ! I i i , i I 'I i I ! I I '....L-+ i , I, ______" -r---- I I I I I .~ v. , '-l i~ I ~~ ~ C:'-. l~ 'JJ Il.,._ r-r') " -' -- :f ..,s -::r o c .,' -,-. I <:-,'f! ,. .>( \-{.... , ':;;:, I '-~ -, '\., I I I I , I I , I I I I i ~,..".t-- t '.. -....---- 5-; ,~ ".... It II I II I i 5'" c ~ ~ ., 3 , >;.., ~' " , .....-;, '7-' ~[~_--u. ;;; "'- q, ...........o~/ 0., /d""'....... ~;:: .... I I' )--0. ..r: "I- " .--l_ -...\, , <: ~. - 0 ~ V\ ~ --,- " - , , I .. --- " " r ~------! ..- ---,- ---..--...-------.-.-. ~.~-- "_._~--- I-::-~-- t ..D I I :> ~::;", '--" 'L, "';."" ~ -> )j 1>..," ~. _ ~~?" '- ----------n . "\ ---'1-1, II" , ~..-.-"-- ., i, 1- _ -, I, '. ., ,co'"~ I" , Ji " , ,... r i~:l r " I '" '", ~.. .. "-:. p ~ (.-.-_:. ~.' I ..D Ie' .. i:i.i r .. I~ '-F l~ ,0 ~ r' .:/;:=-~ ~ ~...9.J o~~~ o " ..." 4- ~...,".~.',.~.. --.- ,g::. ..,,--. --.""--' '. -~,~,-- K -- l --- rn < -~ " .- " ,', ..,- .-- "r' ';.... , ;;. , ~ " " " '....- -'-~-"-'''''f ---J " ,,~-_..., ,.. '--:~ ~ if ,:>~ :;;r~ ~ "i: r-+1 G' ::r ? --u- -., , ~ ~....>> f> ... l~. g , +- 3 "-- ~'., " ,r -!. 'C (" o~ , If' IP V> ~ "- u,-.... p c:r- <, '3€ ::;...~. .. :!-....; ~ "-- ,,-f. -_0 ..,-- f. " .3 -';r .J............". -_"'::W-~ }"-- o ~ "",' ~ -,~ ( '. ? "' ;:; ~ .. ,. , '; ?- 3 -;oJ ''''~_ "," --t- " .J~ "C.. o " \Y' '" -t- O ~ r' 9 >' '---'[' :r, o ( ,-.:...... , II I; / / If I f ! / f / I , I I; I '.. ,. ~ 9-" ,- '-'" - ',0 , i I :? I (I, I I ---. _',' ......' '. '~I..z-':~ 23 'J> >1 \ I \ , I i I t I.. I ..l.. i ':"'---1 .- l 11.,.., , , 1 , , , , , , , , I I' , II ""r l' ... - -=-'>\~ ~,,,.~ "0 :-....-... .~':)'V , , '-..' !" , ~ -[. ~ I [ I I ~I II 1 ! , ! i 1 I I I , I I i~.1 I -1 ! ""', \.' o =-;. C. f/'i .-----... -r, C1 --<-- I"..:. ... '- cr--~ ..-. Appellant: 1..'//,"" Address: , I 'c' i /" /?/('/ Phone: '1). 5 )t:J{,8 -7/'~---ff' II/./ /V/'/~- Address: 1L/2Sk'_,'; //4 -Or '. . I ,..,. hy\:' / ;;!?/.{'/7 71 f-fi/t{ ,- I . ,J ~ /I Location of Property: 1'-/ ,/I-'k>,. //",t-I/ ,:"h'IY /ole?!'-, f:,., ,0//(,/2 - I"~,l (;,..;/.: .s:';'rhl-""'" "'/"0/-71 JIll 11/&_'"/ (Street and Number of Subdivision Block and Lot No.) CITY OF ASPEN Date: Case No.: Owner: Building Permit Application and prints or any other pertinent data must accompany,tbis application, and will be made part of CASE NO. :" , THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. . DESCRIPTION OF-PROPOSED EXCEPTION SHOWING JUSTIFICATIONS -; / /''<, Ii"'.."'" ~ !'~-_:Jp-O,s,~~,: ,-::../, <. c~t' 1 /r..."," ,,. ,,.f.:-- c;~ JI' /" r Ii ,I /' .Ie Jl"._~-'r: '7'::!." j~(~_,:jL_ ./ -i 1*.,> ',) ; -' I ' l'.,"'.-"?'-~' hyy:-c.;'T /.-,16 /~~ r:' 1/"') ,; ~F- I /" h~, /'CJ,'<.' J i.>.,-'!.... <<::: 'f:-., I' ) ( , I , / '_: ,:::. ~/- ~-,., (_1...../,/".' '\ ;r /~.r__ ;~ ; ; / . ( , <-.... - -'''l'';' c:';...." 'r" ..y ',/' ...~.'7'~Y //'<'~ (.::L._ /--",' c;~/c-,-",-r' I"Y;' _ _':_ if / / ./' +, <-/ I r../'...., . / / / ,~,,' ":;C.'. -->J..' /" /- ,.. 7/; /"> ' CL..:,.x;'~"-\/ "-"~.:j-..-.._6 c>4"').-,_,';::/"-,.,::-4 /::" .' J /" ."-- '- -"J ..-'- . I" ?,~ /~J /' --, (7. ,/.. /,-,y' ~/... '. 1./ ~~. ~/.,,_ <. I _ _ ,/,: , ,. -. "~- /'=-c/.-1./ i..)~, f~ . / ~.' ,,( '; {h ''',' 'f;' 7/(' -'_1 d- C I / u / ,. .,......_ {'~/.-:;>IC/___ {,"" ,'_ _, ",,~"i._,,:. -' C /<c-. /; '; ~. /'r'. ('-! ~,J,~ ,-' , / ' r.....~"'. r,.'~- c:',--,-rf;,:') ~ t . .':':1 ~ rYes No / .!:-- Will you be represented~by counsel? J .",.,.. .;,.0 (Applicant's Signature) =================-============================ PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD T~IffS APPLICAT~ON TO .THE BOARD OF ADJUSTJo".ENT, lIND REA, SON FOR NOT . GRAllTING: YJ Co J.L<J~ ~ ~ llZ- So ~ ~ ,I ~~ ~~ c:a lb4,"~J-Y-).7 ~~ ~v~ ~~k ~~ rJ I. '., " ' ned .*. . Status DECISION DATE OF HEARING SECRETARY DATE ~ PERMIT REJECTED, DATE . APPLICATION FILED I (d.~/&Jl MAILED -; 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 . ~ .bl', . , " .... 1. I , 12BJJ..~d._k..L~~~~Ler , being or . representing an Applicant' h.efore the City of Aspen Board of .. .... Adjustment, personally cert'ify that the attached photograph <0, .,~. . 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 it 'could be seen from the nearest public way) and from the " n,J_~_ that the said sign was posted ).,nc/ and visible continuously day of ., , of .. -d.&j . , ' (Must be posted for <l'O')::"~U1{ days before the::headng date). 4u) . -- , , , 19l3..2. .. [':1. , 19J1.l.., to the day at least ten -- APPLICANT . %L/'J~ s:v Signatjre / SUbscrib~ and sworn to before this /3 day of f}tJ"-tJST' 19~, by ,HAAIt.V 5, mAY~"- r:a; me , . WITNESS MY HAND AND OFFICIAL SEAL. My commi ssion expi res: tfl&,- 'It> NO~:(~b~~ .. M Cjz.-2& ~ C1J .ft i/I L , Address ", \,: :: o i ., ,1 ,"/ '\.t. .: Ii f l I: ."\. \~ > l( ;,i]: J" l'! \,C :j :1' ~...~~. J ,..._.y .. 9"j1 : i I:~ --. \ :1 d \~(.J 1 I I I ;4. .. ., - .'1 '. . .' f.' . '.; ~1 '~. ~,',,_,,-- "...ta~{~s,.will~d~pe.ila', ----'--. 1 ! ,,:'~,:. :',:: '::,;':::~ ;'0'" :'miltlevie's',:""':'(',:/, ',: ',~:.- 1.: "plu;~n~\ri.'a~sess'm(~h'i~ :),'.' ,:,''-,~'';. .' ;;" '. :'. :.",'.;," '.:':' ;'. ',.::.. :,: "';".,":',:-',.,:" ',:: :', .',,~ ,",'.-". . ";' '.','.::': .,' ,.,' ._', . .', ~. __ " As our Colorado readers now know from the,:: ,-:~) :': '.! :'" ~ :',..',;, ''','. ':::--', .: ,,: '~"" :;', ,', ~ews media', assessed'values of alrproperty.in'~.~':::, ',:,,:-: '; ;':::.:'.::.-,',"':<,-:';: -- ::':,:':>:,-~:; .- . . I .. . ..... .. . ..J' ..- '., ... .~I' -I ." . , :", . the 'state 'were recently increased to reflect. ;;. ,,", ",. '. :. ';,~ '.. 'T',' ',. ?;'" ,.:--::.:. .. f. ., - ..... . . .' '. . . . . -.",. . . · ~ #. . ,:,__./ ",' "valuesinelTeclduringthene~vbaseyear, 1985, ",:;:.,'. '::'., ;','-"":~'~:';,:":<:-"::::::'.:; '/':: :\' ,". " instead.of ,the pr~yio,us base year ofl9~7.,;',::, ~ :'-:':';':',' ::: .;..i;~:;:__[.:';~'l>:j~'-..:~;)i , :" .,' ,.' Readers who own property in Colorado have .:; , ,", ;-' '~; . "~~'iffii'" :_':"J:,ii:'::~::"~- :1:' , :-- :__already had:?r.s!loi! ~yiP.h;~v~, .tl~e.unpleas'ant :":':~' ". II~\M- 'l,t c 'J~'" ':":::}i'/ . . . :'., ',: ,~?O~k,~f.~efe.lVlng ~sses~men~n~tlces .r~0~ct-,:'. ':. "" :",.'u1 0, "'. . ." :( "'-'- '. mg these ney; property values.. . ..,,: ,," ~ ',"'-; :,.' --:,~,' .' .,..', ' . '.,' , '. . 'ii" , ",' \,:",:" ': ','.' Because' property,valties were far higher in ::::: ".:.'", " . - .' ',., " I '.':,., ':, -- 1985 than in 1977. probably !lv:!n higher than '. :. ,':,:' ;, ~1;~'f,~, ;.: ., __". ." " ":, ,~, .)h'ey'are'n?w,theavera~e in~rea,se ina'ssessed --:-':! . ;: ...'b..{fg:'~" . 1. -:'JJP;,: ,:;:,--: I,'.: '.;,;:..:.< ,';, ,:~',: ;!,: '. v~lu:s across the sla~ IS ~ald to be .1,85%. In.' . ! if;Il,;;.uJ,l~.f! .i'f&-:'~':o 'I ':~ :.~:, . ',' ;" ' ' ",' ':;' '.- :__"., -Pltkm 99ui.ty" th~, ass~ssor says mC,rea;;es ' ':. '. ~ 1J~.r-!. . ;.'/i:Y:~/ ,-- ',!/J,:'::__':,: 'i " ." , range from lOO'}& to well over 200% dependmg'::, I ~\ '.;' -"1;,':;' __ .-',::' -- L, ;''- I l~:' ~ ~', ': on the location of thr--property.:'::;-,,:;, .::<' ':, " :'-~'''''' " ;,/};.~ d~~i" ,,/"/ ,.',--":.:';,;- " :,,' " , . \>__", ;;::', rhe assqssm(,mt 'p:0cess,was,',ma'nd,!-ted by a';<, I/i i,''',1Ii.-;;--.:. '1.-.'1 ,;:'~}~::. :j ,~', '" constit~ti.onal a~e'm!m!lnt adopte~ ~y_ColC!r3,~<"~:'~ ': :;;fI.' , ' 5Jf " ;',:,'/.;':;>".-',~ , " \1 '.:. ,;'. .d?:.:oters,J..Ill~~?m3!1!llfort~oequ~}lzeth~laX-;:"::;,:.':<;: t~> , :;,:,~~..i,~,:~'~/:]"\':: l.: . :',. " \" .', ' base throughout the stale, wher~ m the past '::;,,: ...<',....-,;::. -;:,,:': .', ~;.,,;:i',: :,,'::-:.~' Co;": . .... .:.__ . . . ..... * ......". h dk t- ' ts' di._~...~,.:.....~.:.::..}....-.:.~..,~......:.:..."":-;4"" .':, '.: "." ",-. ' :.' '.'-', -q.' some assessors a ep assessmen mor .' ",,; . '. I.', '" "', ",,",-:'<",: ",""c'''''---- . ,'. . .~-:;., .. :'., , . ..... .. ...... "'f'" . '." ~~~. ;:r ...._.., ....-.. --;.~,., ,.1..............._ ." __'. ".. ",,' \' ~""; ", natdylow. Residential real eslate is assessed ' "',' ': ::"''-~':'>~:::'!'' '-'.7.:~r-:~---__'~', . ;'-' ';'..". ::: at !8%,of it?'aclu'al ~ase-ye~:';'aliie.;-. '-':,:.~\::,; ;~::,-':'~' ,:,:,;-";,<~.:~:),:::(:"66',i'n{y'''',;' I ~'<_"':' ,'., J?l!t, unp~~}~santaslt,maybe, the shock ofthe" ,'.,,". ";,':::-:,.____.'/:~:.' ;'-','J' '.":. ,'.:-, :\ " ~..increase in property values is meaningless'un~' ,;,':' ':'~, --.', ~,5J:'; >", :':" '"'' t"-- I: '__ ' ,';, tillocal governme~tsestabli~h the :nilllevy for) S:'i"': ~ ,"; ::"::>"':'>';'~'~'-~~":}~ I', " ;;nex~year, somethmg all ~,ust domthe fall. ,.....'.- Hunter Creek a( I,.' Smce the slate controls the total amount of. ,'-- ,., .. '.-' .-,.--","" ". '.-' , '. ;" " :' increase,for ~'ach entity'; tO~vris, cities, counties~'.- ~,'" A thorny pr<?b)em ha~aris~n'c~i';l l .,', :, school districts and all the various special dis-, public's access to the Hunter Creek ,," ~' tricts thateach arca'has, the tax bite hike' caiio ':'~ ar'ea',--and w8 fcellocal omdals'inus " . 'b.' ...,. -..' ",."-.. ~ ..".. "I ' 'd'd '. Ie. . .~. . . -. : "not e eX,ces~lve<:- :;,:::"'i:':':::':':: -,',~c,-: " ,,' yan ecis,ively to solve thcprol I, ~'However; ,since all gover.nm~nts' are con-' . 'public's best interest..,,:::"' :::',,~.-,::, \'. :,stantly searching for, nC\~ funds"mos~.~vill ~n~'~:~--' ,~'private lahdo~\1-ie'~, Tom ~fCc' 'i;~doubtedly-al,Tange to adopt !-l-nu1LleYy. w~lch' ,: ,c!~sed what,for y~ars hasb~en a h. ;,; "will give them, ifnot 'lllthe.additiorial, funds': : 'access route to HunterCreek,up th, '_ .,' ' , "the stat? will al!ow, at least mo~e income .than ", of the c~e,ck drainage froll). the top they enjoyed thIS year. "",":,', --'__,::, "::,~,, Jlfountam Ranch area.:,', ,0 --.', ,; : r.", ;,!('n!s ;'.1;0 are worried ayout possible tax''-~~'~'' WhiJe'we respeclthe rights ~fpI ;,'"1.,:,,,,:5. ;1",J without doubl there will be oWllcrstodowhaltheywantwilht' . """,:.', ,'",c'd bi-.e 11:',:<,' ",tcntioll tball c';.;r to . Il1U~t bc ~\'ithin re'a~oll'alld \~'ith ~r. 'l'c) .,'. l .. 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