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Home My WebLink Aboutlanduse case.boa.1150 Blackbirch.Smith.024-84 -< I NOTICE OF PUBLIC HEARING CASE NO. 84-24 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OI1NERS AFFECTED BY THE REQUESTED ZOnING OR USE VARIANCE DESCRIBED BELO\~: 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 Meeting: Date: Time: Thursday, October 25, 1984 4:00 p.m. OWner for Variance: A~Dellant for Variance: Name: Joel and Kathleen Smith Address: 1150 Black Birch Drive P.O. Box 7968 Aspen, Colorado same Location or descrintion of nropertv: Location: Description: 1150 Black Birch Drive Lot 15, Black Birch Estates, Aspen Variance Reauested: Section 2-4-6.3(c) (1): no building shall be located so as to be within a flood hazard area designated by the U.S. Corps of Engineers Flood Plain Report for the Roaring Fork River. Applicant is seeking a variance to build in the floodplain. Duration of Variance: Temporary _ Permanent x The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Barbara Norris, Deputy City Clerk W MJrctWy\ ~(I! <-<----~---.-_. M/~i KLEIN, SEIGLE, DELMAN & KRABACHER HERBERT $. KLEIN JON DAVID SEIGLE JAMES H. DELMAN B. JOSEPH KRABACHER THOMAS C. HILL PROFESSIONAL CORPORATION ATTORNEYS AT LAW 201 NORTH MILL STREET ASPEN. COLORADO 81 61 I November 29, 1984 TELEPHONE 13031 92!5.B700 Paul Taddune, City Attorney 130 South Galena Street Aspen, CO 81611 Re: Lot 15, Black Birch Estates Dear Paul: I am in receipt of your letter of October 30 concerning the variance appl ication on the above-described property. I am sorry that we have missed each other on the telephone so that I could have provided you with a verbal response. In any event, I wanted to notify you as to the status of this application. The Smiths intended to formally withdraw their petition for a variance sometime prior to the Board of Adjustment hearing previously scheduled October 25. Unfortunately, it appears that Mr. Molny contacted the Board at the last minute. On behalf of the Smiths, I apologize for any inconvenience. Please consider this letter a formal withdrawal of the petition, without any prejudice to the Smiths' ability to petition the Board again in the future for simi lar rei ief. If you have any questions, please do not hesitate to contact me. Very truly yours, KLEIN, SEIGLE, DELMAN & KRABACHER, P.C. //! .- /~/ By <', .- ./ I Herbert ~. Klem HSK/dg cc: Joel Smith 'j"'- zif PETITION TO THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN FROM: Joel P. and Kathleen D. Smith (Applicants) PROPERTY LOCATED: Lot 15, Black Birch Estates SUBMITTED BY: Herbert S. Klein, attorney for Applicants The following Petition is attached to and part of the application for a variance submitted on behalf of the above-named Applicants. The purpose of this request for a variance is the hardship and practical difficulties imposed upon the particular property due to the facts herein presented. The Applicants seek a variance from Section 24-6.3(c)(1) of the City of Aspen Municipal Code. This section concerns Stream Margin Review and the particular provision states as follows: No building shall be located so as to be within a flood hazard area designated by the U. S. Corps. of Engineers Floodplain Report for the Roaring Fork River. The Applicants propose to remodel an existing single-family dwelling located on the property. However, because the structure lies entirely within the flood hazard area and also lies within 100 feet of the Roaring Fork River, Stream Margin Review is mandatory prior to the issuance of a building permit. The section of the Code referred to above is a provision of Stream Margin Review and prohibits construction from taking place within a floodplain area. The Applicants, therefore, are prohibited from doing work of any kind whatsoever which involves the issuance of a building permit, no matter how insubstantial or necessary. For example, if the property were in need of repairs which required a building permit, the Applicants would be unable to obtain such permit. Because the dwelling already exists on the property, the Applicants have no alternative as would be the case if the property were vacant and an applicant sought to obtain a building permit for an entirely new structure with a location outside of the floodplain. The proposed remodeling will have no adverse effect on the floodplain and is therefore consistent with health and safety concerns. The reason for this assertion is that the remodeling will involve the removal of existing portions of the dwelling totalling approximately 158 cubic feet located within the floodplain. The new mass which will be placed within the floodplain is approximately 146.5 cubic feet. Therefore, the total area of the dwelling within the floodplain will be decreased as a result of the proposed remodeling. Architectural plans and a letter from the architect certifying these measurements are attached for your review. The last sheet of the plans show two wall sections and indicate the volume of the additions below floor level and further show that the new addition is cantilevered over the floodplain and, assuming the floodplain in this area is approximately 2 feet above existing grade, the new building elements encroach into the floodplain only to a depth of 1 foot. '11- ~4 The proposal to exchange volumes of structure within the floodplain results in a net decrease of construction within the floodplain and clearly mitigates any health and safety concerns upon which the general prohibition against construction in the floodplain is based. The inability of the Applicant to obtain a building permit for any of the contemplated remodeling is certainly a practical difficulty and unnecessary hardship considering that other nonconforming structures are permitted to undertake necessary maintenance and repair and, even, expansion, without such a prohibition as exists in the present case. A variance in this case is valid and reasonable and will comply with the provisions of Section 2-22(d) for the following reasons: (1) The Applicant did not take any actions which caused this resulting hardship; (2) Although there are other houses located within the floodplain, the Applicant's proposal to exchange volumes and thereby decrease flood dangers presents a special circumstance warranting relief from the otherwise inflexible requirements of Code Section 24-6.3 (c)( 1); (3) The granting of the variance is essential to the enjoyment of a substantial property right enjoyed by other properties in the same vicinity and zone, but denied the subject property because of the special conditions and extraordinary circumstances present in this case, i.e., the inability to obtain a building permit for any work, remodeling or repairs whatsoever; (4) The granting of the variance will not adversely affect the general purpose of the comprehensive general plan because the property is zoned for this use, the house is not located within any appropriate set backs, conforms with current zoning and will reduce flood dangers by reducing the volume of construction located within the floodplain thereby enhancing public health and safety considerations. The Applicant has discussed the volume exchange concept with the City Engineering Department and has determined that it is a reasonable, practical and desirable approach to resolving this dilemma. The Applicant is further informed that this Board has previously granted a variance based upon a volume exchange concept where fill was removed from the floodplain and a house located within the floodplain with a volume in the floodplain equal to or less than the volume of fill which was to be removed. Therefore, this Board has accepted the volume exchange approach in a previous case which permitted the construction of a brand new residence on previously vacant land. The Appl icant asserts that the facts in the present case are more compelling because the house already exists on the property and by granting this variance, the level of obstruction in the floodplain will actually be reduced. -2- S1-tQ For the foregoing reasons, the Applicants respectfully request the Board grant a variance from the imposition of the restrictions of Section 24-6.3 (c) (1) so that the Applicant may then process a Stream Margin Review application with the City Planning and Zoning Commission and ultimately obtain a building permit for the proposed remodeling. Respectfully submitted, KLEIN, SEIGLE, DELMAN & KRABACHER P.// / By ~ Herbert . ein (115803) Attorneys for Applicants 201 N. Mill Street, 11201 Aspen, Colorado 81611 (303) 925-8700 -3- 'N-Z.<I [[E][[llir! AIIHIICI ~ "I ~~ ~J[}!Jill]JkJm [[i ~EHr~mH~ Mr. Herbert S. Klein 201 N. Mi 11 Aspen, Colorado 81611 Dear Mr. Klein, In regard the Joel and Kathleen Smith residence, Lot 15, Black Birch Estates, volume deletions and additions iA the Flood Plain as a result of the planned alterations, I have calculated the following information. Deletion of the existing front entry stoop will deduct 158.0 cubic feet of material from the Flood Plain. This was calculated from field measurement of the front entry stoop. Based upon the assumption that the existing main floor elevation is an average of 2 feet above the existing grade in the proposed alteration area, I have calculated the following volume additions to the Flood Plain as a result of fue proposed new construction. The proposed cantilevered addition to the main level on the S()uth~lest buil di ng e 1 evati on would add 37.0 cubi c feet volume. The proposed cantilevered addition to the main level on the West building elevation would add 94.8 cubic feet volume. The posts supporting the proposed upper level addition would add 5.3 cubic feet volume. The proposed main level wood entry deck and stair addition would add 9.4 cubic feet volume. The total volume of the proposed additions in the Flood Plain would be 146.5 cubic feet. 11-21 The proposed alterations to the Smith residence would deduct 158.0 cubic feet of material and add 146.5 cubic feet of material for a net deduct of 11.5 cubic feet of material from the Flood Plain. Very truly yours, f\'1~ ~,~ Timothy . onovan 8 Odobe 984 ,_,_,_,~_,,""_'"'-'~'''~'''-'----'-' - ,<1-t-'1 . SMITH: ADJACENT PROPERTY OWNERS A. Black Birch Lot #18 Charles E. and Ann G. Worth P.O. Box 930 Aspen, Colorado 81612 Lot #16 Mary Lou Bush P.O. Box 1385 Aspen, Colorado 81612 Lot #14 Charles G. Rolles P.O. Box 10023 Aspen, Colorado 81612 Lot #8 Thomas T. Rogers Route 2 princeton, Wisconsin 54968 B. Pitkin Green Lot #5 Doris C. Stuches 215 South Monarch, Suite 201 Aspen, Colorado 81611 - -.. "_'0' rei/tV IP"I/).,.<I ;: 'It? /,,7 b n..-- i' I. . CITY Of I\SPErI DATE October 5, , , APPEllArlT Joel '1984 .. I 't.,:, .,....... Smith <' < ~' <. '. . ~... ,. .. 0 , . , . CASE IlO. i'l.tt! 1150 Black Birc~ Drive ADDRESS (P.~. Box 7968, Aspen, to 81612.) , .I I ! . '.' P. and Kathleen D. PHONE 925-4347' OWIlER Same as Above ADDRESS Same as Above . LGCRTION OF PRaPERTY . . , Lot 15, Black Birch Estates, Aspen ." 11~O Black Birch Drive' lStreet.& ~iumber of Subdivision B1k..& lot No.~" . . .. Bufldin9 Permit' Application and prints or any other pertinent - data must accompany this application, and will be made part of CASt: NO. . . . THE BOAl!D HILL RETURN THIS .APPlICATION' IF IT DOES NOT CONTAIN Al( THE FACTS IN QUESTION. . DE~RIPTIOH fF PROPOSED EXCEPTION SHOHING JUSTIFICATInrlS: < Pl~ase see attached Petition' from atcorney qescribing< . application and justific~:t<ions. . < < .' . . . .' . ,< . . <, <' . . . . . , . . No cj/~.. ,tierper~ b. Kle~n Arrnrnpy fnr Apppll~n~ 'Will you be represented by cou~sel ? Yes x '.< SIGNED: . ' PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO qORWARD TKIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON fOR NOT GRANTING: < ' . '. .~ '.~." B-tf-C..?> (c )(1\. ~D ~ r~.~.'..b.~atFrf !6'" < " ~,. :t~ (/.),~~ '~~ <LJ. ~ "'1\,, . ~ O' ~. , . '.. . .' . " , , ~ r ~ ~ -< . , i~ Signed . " . . DECISION DATE IF IIEAIlJNG .. . DATE . . SECRETAIlY '-..'.... ", .~ , """./ ,..,,,,,,' '. <,) , / , ,...~.~'" -.cc_~~ - . _....-,.~"""~CfJ"~ /3~/r 1lJ;lflnunt'lf 1''1-1.1 1450 ~. ~ ; ~\ll $ I D. 01> I, ~ i ___Dollars -: -<-~","'-'~""'" -_....~--....~._._..;.-_._.-~--- _..~.-~-_..- ~~~_ _IL wiIl.'J/ ru'-'-.-b-#i.- ! KLEIN, SEIGLE, DELMAN & KRABACHER, P.c. CLIENT DISBURSEMC,T ACCOUNT 201 N. MILL ST. - sunE 201 925-8700 ASPEN, COLORADO 81611 ~ ID '~.l.- 82.32611021 _19~- ~,WJd~~ ~1~<b~.-D.~ \ /)v,,; ~;:;;j,.L),.pj,<[jL -~------- ~~l'I{lN@1JRlT"l' '" ' ~ r~K&:iit1JSTCo.l d?' ASPEN.. 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Z o)DUL.!> IIAyE ;PA'GF&..eR~j) S//7..v~ )? yo 7fl)~ b1rFE~rL.Y " dvT.z hiS/bEl) ,811 J}IC A'vLE~ AI~T To ,t!JJIu-b /# T~ rLJ)tJl>.619t'v , 1JIC ,,(F4'vE>S, 10 CH"AI~ 'I/lJo &i:>..eo"~ TO OFF~E"5; hA/'.o 70 t!)P/LtJ A- .AI~AJ M/)R<<>'1 f /f NEW I3AT/'t, h,.!./) .4- AI~1rtJ ~t-L-e,.e..y 15 AID T ~~I9SD A) rO c:!I'IA-Alt:.5 T/fE ~W. J "';c!.e:/LE~ Y' / jLkj~ - CITY OF ASPEN 130 south galena street aspen, colorado 81611 PUBLIC NOTICE fORWARDING 8IIDfa EXPIRED Doris Stu 215 Sou Monarch, Aspen,/ olorado i '~T \ , ~D I g~/,'l/~I{ IO~