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HomeMy WebLinkAboutlanduse case.boa.1300Riverside.022-85 F.... l'lOTICE OF PUBLIC HEARING ' / CASE 185-22 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELGl: 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 var iance 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: November 7, 1985 4:00 p.m. Owner for Variance: Appellant for Variance: Name: Debby & Gary Wright Same Address: 1300 Riverside Dr., Aspen Location or description of property: Location: Description: 1300 Riverside Dr. Block 1, Lot 6, Riverside Subdivision Variance Requested: A setback variance to allow the construction of a garage. Property is located in the R-15 zoning category, Section 24-3.2 Area and Bulk requirments. Side yard set back on a corner lot is 16.6 feet. Appl icant appears to be requesting to place a garage which will encroach 7.6 feet in to the side yard set back. Duration of Variance:~ Permanent Will ap~licant be represented by counsel: Yes: No: xx The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado8l6ll Remo Lavagnino, Chairman Kim Wilhoit, Deputy City Clerk CITY OF ASPEN Owner: T1Phbv & Gary ~1riqht Address: Phone: Address: ,",0\ -' OJ:: Case No.: O,)-~~ 1300 Riverside Drive 920-2144 Da te : October 9, 1985 Appellant: Debby & GaIy ~ight Location of Property: 1300 Riverside Drive, Block 1, Lot 6, Riverside Subdivision (Street and Number of Subdivision;Block and Lot No.) Building Permit Application and prints or any other pertinent data must accoIDsany this application, and will be made part of CASE NO.: ? -~~ TilE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS .~ see attached application including photographs, maps, plot plan and etc. Hill you be represented by I counsel? DiJJ""f Wu1'M '\~l-Jt- -----------------------------------------------------------------------~{{ -----------------------------------------------------------------~-~/~~~~-~~~ PROV"'ON' OF THE 'ON'NG ORD'NANCE REOO'R'NG THE BO'LO'N;~SPi1TOR .,e,. ~~;::G:THIS o~~P~IC~TIO~ TO ,THE, BOARD OF ADJ~STMENT AND~~~~ POR N~Tf~\ . \ l _ - \,jLO~c;;t..\ <.) J'~C;!,-ltcC ~~~k R'-I~ ...,,,,~C"~ caec("-I7~. ~~Q '-!COcC '; ~ ~,-(lliL u"-- (, C~h\-~L .C.--&:-- e.> f&, & trec\7"e~~tc&I.~~~rl..~~L'> --k' 6. -y.:\:;-l~~ -\Q' ~\.atL C\. ~,CL~-<il..:1x'- L~t<lJ,- wt t{-t/I".( '2 ~('.~ 7. f kef- \'o~ +L,-- ~.ll Lt6\./l&-~~cd.~. Yes No xxx (Applicant's Signature) llttl(t{l~ / Si9#d DECISION DATE DATE OF HEARING SECRETARY Status PERMIT REJECTED, DATE APPLICATION FILED W\ILED to\~.~/I <;~ \ " ~ APPLICATI(N OF GARY AND DEBBY WRIGHT, 1 300 RIVERSIDE DRIVE --- ~ FOR A SIDE SETBACK VARIANCE FOR A GARAGE .. PROBLEM: '!his is an Application for a setback variance. It is sul:mitted because when Spencer Constructioo Canpany contacted Stan Stevens at the Building Department to obtain a Building Permit for a garage attached to the ~ight residence at 1300 Riverside Drive it was rejected because the proposed garage would violate the setback requirements. INl'RODucrION: .~ Gary and Debby Wright are the owners of Lot 6, Block 1, Riverside Subdivision which has the street address of 1300 Riverside Drive. Riverside Subdivision was created in 1955 out of land owned by Benedict Land and Cattle Co. Block 1 consists of twenty-five lots lying west of Highway 82 just south of the Crestahaus Lodge. '!he Wright' shane, Lot 6, is located at the corner of Short Avenue, now Fred Lane, and Riverside Drive. Lot 6 is a corner lot on Riverside Drive. The front setback is 25 feet, the two side setbacks, which are interior, are 5 feet each and the setback along Fred Lane is 16.65 feet for an attached garage. During the late sixties the owner Harry pochman constructed a concrete block structure abutting the setback for the west boundary. Gary Wright purchased the house during the spring of 1983 fran William Trost and did extensive remodeling and repairs including the conversion of the existing garage into living and storage space. REQUEST: This application reauests that the Board of Adjustment grant a variance to the setback requirements such that the ~ights be allo~ to construct a garage such that the distance between the edge of the garage and the edge of the Fred Lane road easement is nine feet rather than the sixteen and one- half feet required by code. APPLICATION: In the event that this variance is granted there will still be substantial driveway areas between the edge of the proposed garage and Fred Lane. In fact the actual distance fran the edge of the garage to the road surface of Fred Lane will be over nineteen f~t. This is because the City of Aspen easement up:m which Fred Lane is located is forty feet wide but the I" "". actual road surface of Fred Lane is only sixteen and one-half feet wide. '!be construction of a garage as requested w::>uld not have any negative health or safety ramifications nor prevent or limit access by a firetruck or other emergency vehicle. photographs have been attached in an attempt to clearly;.and oampletely explain the situatioo. Photograph 1 is a view of Riverside Drive looking west. If a garage were constructed with a road cut to Riverside Drive it is obvious that a great number of trees w::>uld be destroyed as well as adding an additional driveway to Riverside Drive. Photographs 2, 3 and 4 show the owner, Debby ~ight, holding a {X>st which locates the edge of the pro{X>sed garage. Fran these {i1otographs it is apparent that there is adequate roan to serve the purposes of a setback. It is submitted that the facts contained in this application sustain the burden of procl- for the Board to find that Debby and Gary Wright have practical difficulties and unnecessary hardships in connection with their property such that the application of the strict letter of the setback provisions create an injustice in this case. It is not desire, convenience, econanics or preference but situations beyond the control of the ~ights which are created by the size and shape of the lot and its relationship to Fred Lane and Riverside Drive. Further the only alternative garage location that w::>uld be feasible with the existing structure w::>uld require a curb cut fran Riverside Drive and the removal of several dozen mature aspen trees as well as several blue spruce. Permiting the garage to be built partially within the setback w::>uld benefit the immediate community and especially Riverside Subdivision Block 1 haneowners. Fran Aspen Municipal Cede, 22(d) the following are sul:mitted as for valid reasons for granting this setback variance. (1). The special conditions and circllTIstances do not result fran t..r.e actions of the applicants because the applicants neither designed the size or shape of the lot nor located the original house. (2). Special or extraordinary circumstances apply to the ~ights' property that do not apply similarily to properties in the same vicinity because most of the lots enjoy a shape that is more square and Lot 6 is one of only tw::> corner lots in the entire 25 lots of Block 1 of the Riverside Subdivision. (3). '!be granting of the variance is essential to the enjoyment of a substantial property right enjoyed by other properties in the same vicinity denied the subject property because of the special conditions or extra- ordinary circumstances. The Shape and existing locations of houses in Riverside Subdivision are such that either they have garages or have the ability to install garages without violating the setback requirements. '!be vast majority of the lots are such that they have 5 foot setbacks on three 2 r...... ..-, ~... ,/ -" sides and a 25 foot setback on one rather than the situation created with the ~ights' corner lot. (4). Granting of the variance will not adversly affect the general purpose of the ccrnprehensive general plan because there are no undeveloped lots in the neighborhood and it will eliminate the need for another deiveway onto Riverside Drive. Attached is the ~ight garage addition plot plan. It shows the Fred Lane easement which is forty feet wide and the actual road surface which is sixteen and one-half feet in width. 'ltJe prop::>sed garage will be twenty feet deep, twenty-four feet wide and set at an angle to the exsisting structure to facilitate access fran Fred lane. It also shows the existing house as well as the prop::>sed garage addition. 'ltJe ~ights are hopeful that the attachments are useful for the Board I s evaluation. Also attached, as required by Municipal Code, is a list of the names and addresses of all adjacent lot owners to the Wrights' hane. 'ltJe applicants have spoken to the owners of all hanes which use Fred Lane; that is Fred Lane, Jay and Susan Lussan and Pete and Ruth Stone. All of them feel that the proposed location of the garage which ~uld require a setback variance is in the best interest of the neighborhood and the users of Fred Lane. Other neighbors with whan the situation has been discussed that do not use Fred Lane have indicated a desire not have an additional driveway on Riverside Drive or the resultant reduction of trees. Dated : Owners-Applicants ~J~I) (Ju# De y D 19ht ~ -. cc.wright.app 3 < . [8<'-;)0.1 ....-.....--... County of Pitkin ) ) ss. ) AFFIDhVIT OF NOTICE BY POSTING OF A VhRIhNCE HEARING.nEFORE THE CITY OF hSPEN BOhRD OF hDJUSTMENT (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: 1. I, Mora(", D. WrLs~~ (print name) , !:>eing or representing an Applicant before the City of Aspen Board of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that.the said sign was posted from the ;)., (l,. day of 06-b be.r 711-.. . day ~ f /JOJeA h-u and visible continuously , 1 9 8 S'", to th e . (Must be posted for at , 19 gr. least ten (10) full days before the hearing date). ." APPLICANT j 0 P /;ynl1 t1;jt . Signature o ~ /\);,; ~Aj- Subscribed and sworn to before this '1..>C-h dp,'y of'77rdfJ/VY/-/v/, 19~, by ;(V 0 j,;rh/7 b .f2.. ~ II )A.-tl hI-. WITNESS MY HhND AND OPFICIhL SEAL. . My commission expires: ~rl1-~F 7 ~- A Notary Public # ..xD/ Y7 ~ dI ,lot{> ()iu., tJ rt 0. JJ;!f) /'I ~ss' me , ....' ..- . ~' ...... \.... .,"" .;., ~ ",~-' ".r':. :,~~, ~~ t.. _ :1(;;:" <;.~ ... ~ ,..- ow \i .-,-... ->'':- '~~ ::,. i: ~- .:- i;;.,,-'r' . ._.____. __.___.__..,_ _ '_."_.n_~ '. ..... ~ - y=== Octoher 06, 19P~ "spen Bo,1rd of '\.d~ll"t",ent d.+tn: Re~o LQVaf"n~hO, Cr.g j:rtn~n 1~0 Sout~ G~len1 Street Aspen, Color1do P1611 De1r lIT" Lnvnrn;no: Tris is in reference to CAge No. P~-?? invnJvinp G,ry "nr] Debby \lri,+t, IJOO Fjvprside Dr. :'spen, Colo., BJoc~ 1, Lot 6, hivpr"~~e 3ub~iv1rinn. requP9tinp , v"rhnce to hl1;Jd a f'Qr1pe. I rclve o"'ned tre rouse1t 1'\1': 3j'lprside 0rjve since 1979 And Am t~e nei~rhor "cross the street to tre s(J1)thvellt. Pleflse be '1dv:J.sed tJcat I 1>1'"1' no ?bjection to t~eir reouest and I, in fact, am ~opeful th8t you ",ill decide favorably upon their renu"st in t[pir ner11f. Sincprl'ly, -, /(i "~",,/,' /~f.' l /<. L c { 1--. Dusty (K,y) H8~rick ..-< i-l .~~ El ~~ .rl El ~8 ti.1X! - igi . ~ ~ -=- .J ~~Ja .~ g U) ex; ;,J.rl tjI~~ iB~ ]~~~ RBo R :Jl~::l:Jl Jay and Susan Lussan 640 Fred Lana Aspan, Colorado 81611 29 October 1985 The 80ard of Adjustment 130 South Galena Street Aspen, Colorado 81611 Re: Setback Variance Application of Gary and Debby Wright To whom it may concern: I am writing because my wife and I are the owners of the house which is across Fred Lane from Gary and Debby Wright. We along with the Wrights, Fred Lane and the Stones access our home from Fred Lane. We have reviewed the proposed Setback Variance to permit the Wrights to construct a garage. I am writing this letter bacause we support the granting of such a Variance and believe that this is the moet appropriate location for a garage from our perspective. In addition we do not wish to see the Wrights access from Riverside Drive nor do we wish to see the elimination of any aspen or spruce trees. We believe that the granting of this variance is in the best interest of our neighborhood and we hope that you will grant this setback variance to permit the Wrights to build their proposed garage in the proposed location. Jay LUSSAN - -- 640 FRED IANE - -~ - - ASPEN, coroRAOO 81611 - ~ - -., - -- - -- J3ClARD OF ADJUS'IMENT 130 SOUTH GALENA STREET ASPEN, COroRAOO 81611 'r LEONARD M. OATES THIRD FLOO". A.~EN PLAZA BUILDING 533 EAST HO~KIN. AVENUIE ASPEN, COLORADO 81611 13031 D20-1700 IO'FICE! (3031 g2~H5e14 (HOMEI November 5, 1985 City of Aspen Board of Adjustment ATTENTION: Remo Lavagnino, Chairman 130 S. Galena Street Aspen, Colorado 81611 Re: Request for Variance by Gary and Debbie Wright for Garage Setback, Riverside Subdivision Dear Mr. Chairman and Members of the Board of Adjustment: This letter is written on behalf of myself and my wife, Cherie Oates with respect to the variance that is being sought by Gary and Debbie Wright for their garage setback. It is our understanding that they are requesting a setback variance so as to permit the garage structure accessing from Fred Lane. It is our further understanding that absent the granting of the variance, it would necessitate the construction of a garage so that it accessed directly onto Riverside Drive. I think given the two options for placement of the garage, it would be far better to permit a setback variance for the use of Fred Lane, a little used dead end street servicing only a few homes, than to use more extensively utilized Riverside Drive. For this reason, we would be totally in favor of the granting of the variance so long as the Wrights' immediate neighbors do not have any objection thereto. Riverside Subdivision is a small, very compact neighborhood consisting of small lots improved by single family residences which are principally owner occupied. It also been with the spirit of cooperation that development and placement of structures in the subdivision have taken place. Very tru>>, YO}f!!-. .-~JJ1'1. Uf14 Leonard M. Oates LM025.12/lw cc: Gary Wright LAW OFFICES PROFESSIONAL CORPORATION t~.:..: ,..._.- _~,~) \~'''::-~-,_:~- ",,- p "0:.,<1-. L. -! .---'<', I.-.~ --. ./ <..... ,,~.... -=....._'.:.l.~ ._ ( 't-.... -1~ -":A.......- " :;'~---;-.-~--:: . \.- /~IU..j IoU .,J_---.'''''I ~O.'I.5.85 ),./,?, ;'..' ~ .kf~ ~ ,2 '-'-ll 0/,'.l:;,M~TE;:! .' ':- ?:72S~"9L___ OATES, HUGHES & KNEZEVICH THIRD Fl.OOR, ASPEN PLAZA BUILDING S33 EAST HOPKINS AVENUE ASPEN. COLORADO 81611 City of Aspen Board of Adjustment ATTENTION: Remo Lavagnino, 130 S. Galena St. Aspen, CO 31611 Chairman , November 5, 1985 'lb whan it may concern, My name is Ria Beyer and I live at 1335 Riverside Drive. I am in favor of the driveway of the ~ight' s garage being 00 Fred Lane. I do not wish to see any trees cut down or a driveway on Riverside Drive because of traffic congestioo . Ria Beyer ~ ~ . -..I 4,;~EN,C' - - - ('" 0 - - - , PM J - - - ~ 1985 - 9/l:.\\ - :;811 - ~rct ot \30 S. A.sp~Y) ) l=\d j 0S tm.~J\ -\- ~\eJ)ct S+. CO , >f J /p J J 1280 Riverside Drive, Aspen, Colorado 81611 Board of Adjustment 130 South Galena St., Aspen, Colorado 81611 To whom it may concern: I am writing in reference to the request by Gary and Debbie Wright for a variance to build a garage on their property. As an owner of adjoining property, with my residence on said property, I strongly urge the granting of the requested variance, for the following reasons: 1. It seems logical, and much less disruptive, to build the garage in conjunction with the existing driveway. 2. The alternative would require a longer driveway , and would necessitate the destruction of numerous Aspen trees, cutting across and detracting from a pleasantly wooded corner. 3. The opening of another, definitely unnecessary, road off River- side could well be a traffic impediment. 4. From a pBrely personal standpoint, such an alternative garage and drive would be directly in front of my porch/deck and practically in my lap. Without doubt, the value of my property would be de- creased, along with much of my present privacy and pleasure. I thank you for your attention to this letter, and will be most grateful for your favorable consideration. Sincerely, c..C&~7~/ /~,-/z't",--ej<:r Dorothy~. Pumpelly, ~es. vi The Magillicutty Corp. MRS D~ P. PUMPELLY , G") 1280 RIVERSIDE DR. - - - - ASPEN, COW. - - 81611 ~ Hev ~ - - - . fM I - - 1~1l5 - - 9/~:\ - -. The Board of Adjustment 130 50uth Galena Street Aspen, Colorado 81611 Charles c. Wilson 1295 Riverside Drive Aspen, Colorado 81611 November 5, 1985 Board of Adjustn'ent 130 S. Galena St. Aspen, Colorado 81611 1b whan it may concern: I am writing to support my neighbors, GaIy and Debby ~ight, in their attempt to obtain a variance so they can build a garage and have their driveway on Fred Lane. I think that it is in the neighborhoods's best interest to not have any more driveways on Riverside Drive and not to cut down any trees. I believe the Board of Adjustn'ent should give the ~ights a variance to build their garage on Fred Lane. Sincerely, //#4~ Charles c. Wilson / J~6K ' IZCJ:; tftJ('fJ/c/e Dr[, //] Co . I 'lpdi /.~ . yJ/,pil ("." - .. - ". Ney 5 0 - . PM 4 - - - 1fJ15 - 81~'\ - - .._-:..~ S?vcd ~1f4~'U51./J. Ie /A.f / I ~t . < ". ! /3:) 6. en e:~ "- J;. (-);f-O"-/ Co, f I ~ /1 NOTICE OF PUBLIC HEARING ' CASE 185-22 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 Meetin9: Date: Time: November 7, 1985 4:00 p.m. OWner for Variance: Appellant for Variance: Name: Debby & Gary Wright Same Address: 1300 Riverside Dr., Aspen Location or description of property: Location: Description: 1300 Riverside Dr. Block 1, Lot 6, Riverside Subdivision Variance Requested: A setback variance to allow the construction of a garage. Property is located in the R-15 zoning category, Section 24-3.2 Area and Bulk requirments. Side yard set back on a corner lot is 16.6 feet. Appl icant appears to be requesting to place a garage which will encroach 7.6 feet in to the side yard set back. Duration of Variance: Permanent Will ~P.Plicant be r~presented by counsel: Yes: No: xx The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Kim Wilhoit, Deputy City Clerk ~ ....., CITY OF ASPEN Owner: T1Phhv & Gary ~1riqht Address: Phone: Address: Case No.: 8'-5 -~.;;), 1300 Riverside Drive 920-2144 Date: October 9, 1985 Appellant: DeIDy & GaIy ~ight Location of Property: 1300 Riverside Drive, Block 1, Lot 6, Riverside Subdivision . (Street and Number of SUbdivision'Block and Lot No.) Building Permit Application and prints or any other pertinent data must accomBany this application, and will be made part of CASE NO.: ??Q-d.~ . THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS .~ see attached application including photographs, maps, plot plan and etc, Hill you be represented bY, counsel? [j.Q JJ""f Wu1'M ,\,~ \.rJ\ Yes No xxx (Applicant's Signature) Cift(,.{ ( =========================================================================--~d~nA Qw!J"'/-S,'L''''''< PROVISIONS OP THE ZONING ORDINA.NCE REQUIRING THE BUILDIN;~SPtCTOR TCf~~ ~~;::G.THIS A~PL:CATION TO ,THE BOARD OF ADJ~STMENT AND~~~N POR N~TV\\ . ~ : \'Jc~~;;t..\ v.) J~{,-l!tcC L.~ ~l: R -\ ~ "2...vlk";\ C ~ ~. SuJZc '- r ~J<- .~ t l~,-(lliL u"-- (, C~'~'>~L .C(+ L:' ~~. & trec~a~~i.t.~z~~~t-l"-~~.L''> --k, . ~l~~ ": 0a~ C\. ~,CC-)-dl..:1x'- L~t<l(e, wtt.t-t.'1A-( '2t'"dt(,.~ 7.' kef- \'v"L-~ ~~ ~~t Lr'2&-<;"~(t-~ lt~~li)~ / Si9#d DECISION DATE DATE OF HEARING SECRE:TARY Status ~ PERrlIT REJECTED, DATE ~ APPLICATION PILED r.1lI I L ['; D CITY OF ASPEN Owner: T1Phhv & Gary ~1riqht Address: Phone: Address: Case No.: 8b -~~ 1300 Riverside Drive . 920-2144 Date: October 9,1985 Appellant: Debby & GaIy ~ight Location of Property: 1300 Riverside Drive, Block 1, Lot 6, Riverside Subdivision (Street and Number of Subdivision Block and Lot No.) Building Permit Application and prints or any other pertinent data must accompany this application, and will be made part of CASE NO.: THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIPICATIONS ~..... see attached application including photographs, maps, plot plan and etc. Hill you be represented by counsel? Yes No JQQL ~.O,/~ '^~ , (Applicant's Signature) ============================================================================ PROVISIONS OP THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON POR NOT GRANTING: Status PERlIIT REJECTED, DATE APPLICATION FILED HAILED Signed DECISION DATE OF HEARING SECRETARY DATE ,." "'-....~ ,......... """~_....'" >.- ."-'--'-~""""'. APPLICATI(N OF GARY AND DEBBY WRIGHT, 1300 RIVERSIDE DRIVE --- ---- FOR A SIDE SE'ffiACK VARIANCE FUR A GMAGE -- -- . PROBIDoI: '!his is an Application for a setback variance. It is subnitted because when Spencer Construction Company contacted Stan Stevens at the Building Department to obtain a Building Permit for a garage attached to the wright residence at 1300 Riverside Drive it was rejected because the proposed garage \ODuld violate the setback requirements. INl'RODUcrICN : ,... Gary and Debby wright are the owners of Lot 6, Block 1, Riverside Subdivision which has the street address of 1300 Riverside Drive. Riverside Subdivision was created in 1955 out of land owned by Benedict Land and Cattle Co. Block 1 consists of twenty-five lots lying west of Highway 82 just south of the Crestahaus Lodge. '!he wr ight . s heme, Lot 6, is located at the corner of Short Avenue, now Fred Lane, and Riverside Drive. Lot 6 is a corner lot on Riverside Drive. 'ltle front setback is 25 feet, the t\OD side setbacks, which are interior, are 5 feet each and the setback along Fred Lane is 16.65 feet for an attached garage. During the late sixties the owner Harry Pochman constructed a concrete block structure abutting the setback for the west boundary. Gary wright purchased the house during the spring of 1983 from WilliCll\ Trost and did extensive remodeling and repairs including the conversion of the existing garage into living and storage space. REX2UEST: '!his application requests that the Board of Jldjustment grant a variance to the setback requirements such that the ~ights be allowed to construct a garage such that the distance between the edge of the garage and the edge of the Fred Lane road easement is nine feet rather than the sixteen and one- half feet required by ccrle. APPLICATICN: In the event that this variance is granted there will still be substantial driveway areas between the edge of the proposed garage and Fred Lane. In fact the actual distance from the edge of the garage to the road surface of Fred Lane will be over nineteen feet. 'ltlis is because the City of Aspen easement upon which Fred Lane is located is forty feet wide but the ... actual road surface of Fred Lane is only sixteen and one-half feet wide. The construction of a garage as requested ~lUld not have any negative health or safety ramifications nor prevent or limit access by a firetruck or other emergency vehicle. photographs have been attached in an attempt to clearly,'"and o:mpletely explain the situatioo. Photograph 1 is a view of Riverside Drive looking west. If a garage were constructed with a road cut to Riverside Drive it is obI7ious that a great nlIllber of trees ~uld be destroyed as well as adding an additional driveway to Riverside Drive. Photographs 2, 3 and 4 show the owner, Debby ~ight, holding a post which locates the edge of the proposed garage. Fran these Fhotographs it is apparent that there is adequate roan to serve the purposes of a setback. It is submitted that the facts contained in this application sustain the burden of prooi- for the Board to find that Debby and Gary ~ight have practical difficulties and unnecessary hardships in connection with their property such that the application of the strict letter of the setback provisioos create an injustice in this case. It is not desire, convenience, econanics or preference but situations beyond the control of the Wrights which are created by the size and shape of the lot and its relatiooship to Fred Lane and Riverside Drive. Further the ooly alternative garage location that ~uld be feasible with the existing structure ~uld require a curb cut fran Riverside Drive and the removal of several dozen mature aspen trees as well as several blue spruce. Permiting the garage to be built partially within the setback ~uld benefit the ilrmediate CCllIllunity and especially Riverside Subdivision Block 1 haneowners. Fran Aspen Municipal Code, 22(d) the following are sul:mitted as for valid reasons for granting this setback variance. (1) ~ 'l11e special conditions and circunstances do not result fran the actioos of the applicants because the applicants neither designed the size or shape of the lot nor located the orig inal house. (2). Special or extraordinary circumstances apply to the ~ights' property that do not apply similarily to properties in the serne vicinity because most of the lots enjoy a shape that is more square and lot 6 is one of only t~ corner lots in the entire 25 lots of Block 1 of the Riverside Subdivision. (3). The granting of the variance is essential to the enjoyment of a substantial property right enjoyed by other properties in the sane vicinity denied the subject property because of the special conditions or extra- ordinary circumstances. The shape and existing locations of houses in Riverside Subdivision are such that either they have garages or have the ability to install garages without violating the setback requirements. The vast majority of the lots are such that they have 5 foot setbacks on three 2 sides and a 25 foot setback on one rather than the situation created with the Wrights' =rner lot. (4). Granting of the variance will not adversly affect the general purpose of the canprehensive general plan because there are no undeveloped lots in the neighborhood and it will eliminate the need for another deiveway onto Riverside Drive. Attached is the ~ight gara:Je addition plot plan. It shows the Fred Lane easement which is forty feet wide and the actual road surface which is sixteen and ooe-half feet in width. 'n1e proposed gara:Je will be twenty feet deep, twenty-fOur feet wide and set at an angle to the exsisting structure to facilitate access fran Fred lane. It also shows the existing house as well as the proposed gara:Je additioo. 'n1e ~ights are hopeful that the attachments are useful for the Board's evaluation. Also attached, as required by Municipal Code, is a list of the names and addresses of all adjacent lot owners to the ~ights' hone. 'n1e appl icants have spoken to the owners of all hanes which use Fred Lane; that is Fred Lane, Jay and Susan Lussan and Pete and Ruth Stone. All of them feel that the proposed locatioo of the gara:Je which loUuld require a setback variance is in the best interest of the neighborhood and the users of Fred Lane. other neighbors with whan the situation has been discussed that do not use Fred Lane have indicated a desire not have an additional driveway 00 Riverside Drive or the resultant reduction of trees. Dated: OwnerS-Applicants tfl/~ [). wvift De Y D 19ht ~ "'"1 cc.wright.app . . 3 WRIGHT GARAGE ADDITION PLOT PLAN " , , .~ ~' l.;.\'(.....~ ' , ~;i !i~.j:\., li'l..t: l.;I...i I,; ,t ' . p. r~' o. )11\ " I- . IX l? 0;1. ,,,, II( Q~""h. ~...( '" '" -<", '. "' --. ~^y .. " y d -.'. . 0 .. . -' ;" . .. " : . 8 w' -. >= - z ~' Cj 7''7 ~ . o ~ - - -J.. / .'''1) ")VI. _____1.L_~ ~"i"' ~A;,.' "'tIDEP. ~. (I "/'" ~'I .~ .... ,\..' '" ... ~.,?"o."n'~' ," , M/t' (~ ~ ~,';<f' ~ ..,'~ ..... 'll}~' N ':~ _~.' .f...... ,'"30. .,71' .~'\ ......,~ . 7"""'S' ..',~ .A-'~. ~(1 . r" -1' ~ . . \^(i~ '1.' - ,~.~o> ~. .:.. ,,,^"' ....l'. ~, ~ ....-. '" ~ ... ------.: -------:;y ~~ .~ ". j' " ., "~ ,:, .. .... . '^ 0.., ~ ~.. ....;; ...'" . ....~ ,~. . .r;;z....g Y,,- ":>- ."r \. I" , \ -V,:;,,,)" .' '-'.""..-. ,~ :"0:"::" - ~ E' p...>~ ;\ .... ....J,._ " ''-'/ " ," Zj .. , ~j C{lit STA fi ~ .. '. (-0 "".... ~ > :;?..:!~\.4 rr . ~ "0 ::= :;. Of' -~ :--::!.... ';J ~ ~;;:!~; ,.."'~ -- :;--. -...- t-:) ;,~ -~:~~~~ )L.' ~~:~jt ~ In-' ' ~ ..-.' J ~IG ~~ ,m~f;~~ ~ QI~;~ ~~m~~~5 r("::l ~J ;;;~=i: ~ ~j r il!iWi J >i ."",:. J l ,,,.: :;I :, r./l Lt_/ 1ft, ~ ,^V .1\:10110 o~ . : -;;0(' 0 .... , " ;"0 . ~ ~?- ,- .' -, .. 0 '0' ,c:./ h. /..((. .--- !, @-,,,' ~ " " ~ ;; " , I. . "'~ . ", " ,'. , . o ~~ ..~ . . . :!. " -~ .. ' ..... ." " " . "..1 " 0 . : " C1 " > ; C1 ; .. :s- ,. ~. .. ~ ry~.... ~ ~ .., '.'. " . . ..,( )~~.. ') t., ~ . . .': ~I, ... p, .~ ~ ........ ' ~.;:::::... F..... ..... ~~ i-r1:" . '"' '"'"'" ~ ~~ ~ . , o YO. "^lb~' ... " o ... I.... ,\1/,((")(.)'" ." Iy . . ..- - ~ . ~ " ii " . . ..-".' , . : I 1- :1 . ! " .-- _ ..... MeIn B_ Arr_", ~C1. da 81811 303I1I1115-1S873 BUILDING PERMIT APPLlCATIO~'" ~/ General Construction Permit 1 ABPEN.PITKIN REGIONAL BUILDING C..-RTMENT Jurisdiction of NO. 8664 Applicant to completl! numbered Splices only Joe AOORIESS ~J V9Z.s IDE; OR\ VIE ~ Co S\ '" \ I " 11>00 . LEOAL.I LOT NO't;:, IBLOCi I T~~ JEfSS',Oe SuB 0\ VI Slr~~:rHEO'HEnI 2. DlUeA. ow'H , MAIL ADDRESS ~fl'I.A-t ZOP qU;= z., 'f41 3. LJ6WV ~1 1.A)(2( 'H-T CON~EVt (oI"~~(a~r PHONE LICENSE NO. 4, '5 ARCHITECT OR DESIGNER Co "I.+r.c4-- MAIL ADDRESS PHONE LICENSE NO. 5. S~"'"" ~ ENO'NI[ER MAIL ADDRESS PHONE LICENSE NO. e, I' USE OF eUILOINQ 7, G"""""~ e, CI....oI work:'"" aNEW ;(AllDITIDN a ALTERATION a REPAIR a MOVE a WRECK 9. Chlnge of UII from PLAN CHECK FEE I-PERMIT FEE I TOTAL FlEE Chlnge of us. to ?:.5 .0= 55,oa 1 O,Vllullion 01 work: $ q&::o . .- Typtl of Construcllon OeCUM"CY GrOUD Lot Ate. ", REMARKS: . Sill of Build'", No.ofStorlq M'..Oce,Lold (Tol,. SquI" Fl.) Na OF BEDROOMS UwZon. ~ l"lr.Sorlnkl.f1ReQulrH EXISTING I ADDED R-/S C Vft C Na No. 01 Dw.llin" UnlU OFFSTREET PARK'N. 'PACT Co.,.rH Unco..red Specill Approv", REQUIRED AUTHORIZED IV DATE ZONINQ APPLICATION ACCEPTED PLANS CHECKED APPROVED FOR ISSUANCE HEALTH DEPT. t:.a... SOil REPORT BV BV BV \""\, \ PARK DEDICATION OATE DAn: DATE WATER TAP NOTICE ENG. DEPT. SEPARATE PERMITS ARE REOliiRED FOR ELECTRICAL. PLUMBING, HEATING. VENTILATING OR AIR CONDITIONING. OTHER ISPECIFY) THIS PERMIT BECOMES NULL AND VOID IF WORK DR CONSTRUCTION <.t -~{ r(- I:: - r...." IA.. ~ AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS. OR IF CONSTRUC. . - TION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOO OF 120 ..,... _H. ~ . ,.,1 .. ~ J. '/A '/1< DAYS AT ANY TIME AFTER WORK IS COMMEN,CED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APflLICATION \} .0 . , flA '~?, AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVI,SIONS OF LAWS '/ AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT THIS FORM IS A PERMIT ONLY WHEN VALIDATED PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PER. WORK STARTEO WITHOUT PERMIT WILL BE DOUBLE FEE FORMANCE OF CONSTRUCTION. /1 S n 1= ~ ~ 6lLt0'-/ so. (07'(OR 00 :"00'''0 At;~ IA_tJ;:'TEI )( \C.\l:,,~ WN 0 F NO , r I , PERMIT VALIDATION CK. 0 VALIDATION CASH 0 PLAN CHECK VALIDATION CK~ M.O.O WHITE - INSPECTOR'S COPY YELLOW - ASSESSOR'S COPY PINK - BUILDING DEPARTMENT FILE GOLD - CUSTOMER'S COpy M.O.O CASH 0 r ~ .~~. ,~ .; .' w I -- ~ ,- ';. ,~ " - -=-- ~J;"Oi ~, ~~ -- _. ~- o o '!be adjacent lots are all contained in Riverside Subdivision, Block 1. '!bey are: I I I I I ~ 2 OW'led by Pete and Ruth Stone, 611 Fred Lane, Aspen ~ 2. OW'led by Jay and Susan Lussan, 640 Fred Lane, }\spen Lot ~ OW'led by DJsty Hamrick, 1315 Riverside Drive, Aspen ~ .! OW'led by Fred o. Lane, P.O. 8:>x 597, Aspen ~ 2. OW'led by Ibb and Kay Simons, 1240 Riverside Drive, Aspen Lot .lQ. owried by Magillucuty Corp. 1280 Riverside Drive, Aspen Lot 20 awned by Kathleen Wilson, 58 Hawthorn fload, flock Island, - - nfinois 61201 Lot E owned by Ria Mar ie Beyer, P.O. 8:>x 1303, Aspen I , I I I I , I I I I cc.wright.asj I I I I I I I I . , I I