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Home My WebLink Aboutlanduse case.boa.117nealstreet.013-85 o " NOTICE OF PUBLIC HEAR~~G CASE 185-13 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 Isuch 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 Meeting: Date: Time: July 11, 1985 4: 00 P.M. Owner for Variance: Ap~llant for Variance: Name: Jeffrey S. Shoaf P.O. Box 3123 Aspen, CO 81612 Jeffrey S. Shoaf P.O. Box 3123 Aspen, CO 81612 Address': Location or description of property: Location: 117 Neal Street, Aspen, CO Description: Lot 2, Shoaf's Waterfall Subdivision Variance Reauested: 11) Additional height for roofline above what the building department feels is allowable due to a 7 foot grade reduction, 12) I would like to be able to install full bathrooms with a tub upstairs and a shower downstairs. presently the building department feels I am entitled to only powder rooms. #1) Property is located in the R-15 zoning category. Section 24-3.4 Area and Bulk. Maximum height is 25 feet. Applicant appears: to be requesting additional height variance. 12) Section 24-3.1 (g) Dwelling unit definition. Applicant appears to be requesting the over ruling lof the building department that his plan configuration of the building results in additional units. I Duration of Variance: Permanent I Will applicant be represented bv counsel: Yes: No: r t:x;,u'T 'BE:u tYE" ;)0 , The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Kim Wilhoit, Deputy City Clerk DevJc::d o CITY OF ASPEN c:> I Date: June 11 19R~ I Appellant: Jeffrf'Y S Owner: Jeffrey S Snn",f mailing Address: phone: street Address: Case No.: Box 1171 925 4511 1'7 I\TPA1 Snn",f Aqnpn, ro. (offi~f')~ 4~nl(res 1 ~r,..p,::d'" hCT"Ien I . . I f LocatIon 0 Property: 117 Np",l Srrppr A~nQn Co R16ll 7 , Lot4l2. Shoaf's l>Taterfall Subdivision (Street and Number of Subdivision Block and Lot No.) I Building Permit Application and prints or any other pertinent data must accomgany this application, and will be made part of CASE NO.: ~:J - L3 I I TilE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL TilE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS 1) Additional heip:ht for roofline above what the buildinp denartment feels is allowable due to a 7 foot v,rade reduction done by the nrevious o~vner, see attached affidavits. 2) I would like to be able to install full bathrool11s Hith a tub unstairs and a shower downstairs. Presently the bui10in~ denartment feels that due to the definition of a "d~.,elling unit" as "()ne or more rOOl11S, in addition to a kitchen and/or bath facilities, intenoeo or oesi~ne0 for occunancy by a family or 9,uest indenenoant o.f other .families or smesr! that I am entitled to only nowder rooms (~ baths or toilets Hith sinks but no shoHer or bathtubs). Under this strict of an internertation of the code, on~ of the two bathroom nlus houses or conooJ11iniuJ11s in to,m would not be allowable.by the code. I feel this is an error. See Asnen zoninp: code 24-3.1, nap:e 1435. you be represented by counsel? Yes No T onn' t believe so I (Applicant's Signature) ================================================= I . PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD THIS n^P~ICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: f~ Co ~t9 ~~ 't.-l~ ~ ~,...,. . ~ 3.<(-J,y ::rt-'~. ~- " ~~:- ""5".f"~. ~~~fkfMl'-j.. Ju Jk~Gv.~ 4D'l-~~~tJ.. ~ ,Cte.J'f-1, I(~)~ C4.J-~;:f;,.... ~~4-J..cP~io ~~~~-t/..L O\tfA~4..A~ ~ f3~~ ~~vJ:-..{'fk~~ lj~~ '-_ Sign9 DECISION DATE . DATE OF IIEA~~9G :z!Jltx5 SECRETARY cj(/;'j , rJ ))1J /1rl Status PER!~IT REJECTED, DATE ~(/~f(; 5" APPL I Cl,T ION FILED ~!tV: S i.\i\ILF.D (jla/'Xs I o o ~~lzr l\! 1"0 LL{cw ~1 ~\ClL\ CArvert Ll.,'. I I I I I I I I I I '1 . LLu ~taJ ~U! ) G- ~\. r1 ~ ~ CL~ . I I ) U \ CtupVLv 0 C)'LS G', G~u ~) CJ~ro';.;Q. (\~'l, ~~. ~ -- . -) ll"~ me, \Yt-S1 / ct <; Lf .l.\:mUl c\ m CtJ\ ffiL\ '( ~ . r '--, /.. / ~~ s I'~ . f ~ I \J\ C) ~ \2-cu \ LG\-)IJ..J elL d / Qs '2 ~~JU~JLS- le.. wb~ ~ ~t \1tlft~br GYv' 6v~ \\'~) \\\CL'O ~CG ~aJ CbtS ~ih(~~ VI~ ru.~\<v~ht.f mL ~ ~~<; ~\A~. ~ 11Ucu & I I I .,. '..-_...~.__.. County of Pitkin ) ) ss. ) AFFIDAVIT OF NOTICE ny POSTING OF A VARIANCE HEARING nEFORE THE CITY Or ASPEN BOARD OF ADJUSTMENT (Pursuant to Section 2-22(c) of the Mu~icipal Code) State of Colorado The undersigned, being first duly sworn, deposes and says as follows: OAUlfJ (..0 f!1u!?I?AY (print name) . I representing an Applicant before the City of Aspen Board of 1. I, , !Jeing or Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that.the said sign was posted and ~/ . .~~ --f'. /" from the 'I~:::- day of .:-,..h~ \l\rl.. day of 5~ '\ . , '9~C;:- least ten (10) full days before the hearing date). visible continuously , '9~ to the F~ (Must be posted for at . APPLICANT . {)aA~/:1/ ~~ Sl.gnature ' ,p~s Subscribed and sworn t~ before this ~ day of "1 '1 '9~ me , ) WITNESS MY HAND AND O~FIC!AL SEAL. ~y GClllmlsslon cxplfesJuna 17,1987 expires: ~ I '2.- -::> Address ~(P--- I cJ I ~;l< l. ( tJ--;). . Jeff Shoaf's 117 Neal Street adjacent property owners: Ken and Jane Owen 175 Neale Ave. Aspen, Co. 81611 Mike Garrish Box 621 Aspen, Co. 81611 Darleen Vare 925 Gibson Aspen, Co. 81611 Chuck and Brice Maple 927 Gibson Aspen, Co. 81611 Joe Candreia 930 King Street Aspen, Co. 81611 Ann Uarshal Box 10894 925~ Gibson Ave. Aspen, Co. 81611 , . . . . '~t2te of COLOP.J\DO) ) C()U~TY OF PITKI~l ) AFFIDAVIT The undersigne"l Adolph Barrailler, first sworn and uoon oath, states as follows: 1) That he is over 21 years ~f age; 2) That he is a resident of the State of Colorado; and 3) That as the former O1vner of Lots 1 and 2, Shoaf' 5 \~aterfall Subdivision, County of Pitkin, State of Colorado, that ourin? 1960/1961 he was in charge Of and ordered the excavation on what is now Lot #2, Shoaf's Wat~fall Subdivision for the presently existing house which has an approximately 900 square foot footprint. Prior to said excavation the nresently existing grade to the east of the structure extending to Neal Street of aPDroximately 7924 feet above sealevel did in fact extend from Neal Street to the east to tne sharo drop off of the Roaring Fork River bank to the west. \,Jith the excavation for the basement at that time in 1960jlQ6l ~or the existing house, tbe frade was lowered aDnroximately 705 feet to the level of 79l6.S feet above sealevel, as Der AlDine Surveys (see attached improvement survey with the above referenced elevations) to the west. Had the original grade been maintained and restored after the original lQ6l construction the entire yard area would be at the same grade as Neal Street, again anproximately 7924 feet above se~ level. Further affiant sayeth not, Dated this 3rd day of June, 19~5 Ql", "-rl ~"'-'v\!~~~\)L0 Adolph Barrailler STATE OF COLORADO COUNTY OF FREE"ONT The forefoinF, instrument was achknowledged before me this d<JY .of June. 1985 by Adolph Barrailler. 3rd ,..F" , .. M',-. C':qmmi ss ion expires and offic}al seal Nov. n ----" , 19_6jJ. Witness my hand Hflt N.~iofllll Bank of Canon Ci~ . ( ~ 1 ." \-::-J \ 0...\,,-' '{\J\~(LLV?r':'''../ pub 11' notary L State of COLORADO) ) ) COUNTY OF PITKIN ) AFFIDVIT The undersigned Joe states as follows: 1) That he is over 21 years of age; 2) That he is a resident of the State of Colorado; and 3) That as the neighboring property owner to Lots 1 and 2, Shoaf's Waterfall Subdivision, County of Pitkin, State of Colorado since before 1960/1961 when the current improvements were made for the presently existing house wh1ch has an approx- imately 900 square foot footprint. I know the fol~_owing to be true. Candreia, first sworn and upon oath, Prior to said excavation the nresently existing grade to the east of t~e structure extending to Neal Street of approximatelY 7924 feet above sealevel did in fact extend from Neal Street to the east to the sharo droo off of the Roaring Fork River bank to the west. 1,itn the excavation for the basement at that time in 1960/1961 +or the existing house, the ~rade was lowered annroximately 7.5 feet to tbe level of 7916.5 feet above sealevel, as per Aloine Surveys (see attached improvement survey ",i th the above referenced elevations) ,to the west. Had the original grade been maintained and restored after the original 1961 construction the entire yard area would be at the same grade as Neal Street, again anproximately 7924 feet above se~ level. Further affiant sayeth not. Dated this \~ , day of June, 1985 j-r ~th7 ~ .de~candreia STATE OF COLORADO COUNTY OF PITKIN The forcfoinp, instrument dAY of June, 1985 by Joe was achknowledged Candreia before me this (5Y My commissLon expires and official '.C'. . .....,."...'.,'., __,,;\'_:,\C;3 :J_~ '. > .''''' ", . My Commission e)(p;rtisJ~I1ll17, 1~~1,; t - ~y ',.h.. an. 0, "\ , ~':!_' \^.--.. Hess l't . ,'.(j " ,notar. PU) i .', !f'\0 >)// <')/i I /1/ Iltl ;/! />':/ /1./ \ K/'\) \\ 1 ~.....-- 791'6. 4~\ \ \~ I'- ~, , \ " \ , ) \ ' -\- \ \ . ., I ~K'" \ ...< 'it ...- ...- \ ~,- \ ---- /h>;// ~/v7 \ \ \ \ A '~ ~fi~\~\ \ \ I \ ". , \ ( \ . \ _.~ .\ --~ ., -=-- . \ ~y,,", v;~ . x't/~ \ \ , \ I \ , '. <! - d' S sl'l~O ""0 e>1 c.~ \ " "" "-- -- \ \ -\ \ / .------ / z. ~ <<d) 6" WELL ...---. . /~ . /.f( \ ,,"\'" , ,a/..\'<' I,Y'~~ - \~\--I.J CAS.ING ~- / ,/ / / / / .-----' . I , ! I ! / I , I I \ , \ LOT 2 0.344 ac. . . ... 'I:' ,\ \Ii ., \,. . . , \0. ,,' " l) A\ . ,\ '~, \0. \ ",- , s u ....:. ,. ',- " L:l 0 .... . ).:J e\t..\Y S \u ... ." '._,~ , ~Q - ,. / ' ~t..(,0_ (,. ./ ,,///'" SET ,.--" '-S / Ii ,). ;. Rf r';{;R 91d4 ",,6.0\ _. Ie ." ~ ,. ' ~ .> n' 'jO -' '2.0. u \::> _,.J r C, G- erl,.rl,.1 ' , ," - \{o. ", ," I' "C,I to '>. s- ,/S _sl , ..---.-':';;- - ~ ~G//' . ~ ~ ~- -- '" "-.- - .~.--~-.~~ c, ~ ".- ~"'.. --- ~ ~ CITYOF ASPEN ~ 130 south galena street aspen. colorado 81611 NO MAIL RECEPTACLE: Darleen Vare 925 Gibson Aspen, CO 81611 \ \. f!'0- \' '-.~-- -Sp-(-:~~.<_\_.~~ ,","- ',..v\\-~.........- ai, ( 1 " \ JUN11'S5 };jk~i ~~.~;'Epq~_:_\ "