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NOTICE OF PUBLIC HEARING
Case No. #83-11
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTHENT
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, Colo-
rado, (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 afft!cted 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..
yo~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:
August 4~h, 1983 - Thursday
4:00 p'-m.
Name and address of Applicant for Variance:
Name: Joyce Murray
AddressBox 352, Aspen, CO., 81612
,
Location or description of property:
Location: 1000 E. Cooper Avenue, Lot K, Block 34, East
Description: Aspen Additional Townsite
Variance Requested:
Applicant appears to be requesting a determination that Lot K,
Block 24, East Aspen addition townsite be considered a full sized
non-conforming lot of record and that setbacks and area be determined
based on a full size non-conforming lot of record
Duration of Variance: (Please cross out one)
'KGOl!p!Q(1(l!{1(y
Permanent
THE CITY OF ASPEN BOARD OF ADJUSTMENT
~.J.D mlillQA
C./JLf::Il tt S3 . \ \
orig (nul
TION OF THE BOARD OF ADJUSTMENT OF THE
CITY OF ASPEN, COLORADO
WHEREAS, Ms. Joyce Murray, the owner of Lot K, Block 34 of
the East Aspen Additional Townsite to the City of Aspen,
requested a determination by the Board of Adjustment that Lot K
be considered a full-sized nonconforming lot of record under the
Municipal Code of the City of Aspen in the event she settled a
quiet title action commenced against her by the owners of the
adjoining Lot L which would allow the Lot L owners to get title
to a strip of approximately 4.2 feet the full length of Lot K as
platted; and, for a variance by the Board from side yard setback
and floor area ratio requirements to allow future construction as
if Lot K without the strip were a full-sized 3,000 foot
nonconforming lot of record; and,
WHEREAS, the Board considered the request in Case Number
83-11 at its regular meeting held August 4, 1983, as reflected in
the minutes of that meeting,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, That the remainder of Lot K, Block 34, East
Aspen Additional Townsite, after subtracting all the area east of
the following described line:
Beginning at the Northeast Corner of said Lot K;
thence N 75009' 11" W 4.08 feet along the Northerly
boundary line of said Lot K to a point on the wall line
of a shed as built and in place; thence S 14028'26" W
11.67 feet along said shed wall line to the Southwest
corner of said shed; thence S 14028'26" W 23.85 feet
along a fence as built and in place to its end; thence
S 13 0 37' 34" W 37.32 feet to the beginning of a fence as
built and in place; thence S 14049'23" W 24.69 feet
along said fence to a fence corner; thence S 75003'00"
E 3.05 feet along said fence to a point on the Easterly
boundary line of said Lot K,
be and is determined to be a nonconforming lot of record under
Section 24-13.6 of the Municipal Code of the City of Aspen; and,
BE IT FURTHER RESOLVED, That the applicant's request that
side yard setbacks and floor area ratios be based on a full-sized
lot be denied; and,
BE IT FURTHER RESOLVED, That the side yard setback,
(i.e.,the minimum side yard requirement) on the street side of
Lot K be varied from 6.8 feet to 2.6 feet; and,
BE IT FURTHER RESOLVED, That this determination and variance
are perpetual and have been so stated to be in the minutes of the
Board as required by section 2-22(c)(5) of the Municipal Code.
AND BE IT FURTHER RESOLVED, That the above determination and
variance are given under the authority of Section 2-21(1) and (2)
of the Municipal Code, the Board having determined that it
properly exercises jurisdiction in this matter; and,
AND BE IT FINALLY RESOLVED, That this resolution shall bind
the City of Aspen as to all matters it covers and that the
present owner of Lot K and her assigns, heirs, devisees and
personal representatives may rely upon this resolution as to all
matters it contains, and may rely upon them in perpetuity, with
no need for limitation as to time as it establishes present
rights in the subject property vested and absolute on the date of
this resolution.
The effective date of this resolution is August 4, 1983.
BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, by
Chairman
Secretary
State of Colorado
County of pitkin
The foregoing instrument was acknowledged before me by
Remo Lavagnino and Joy Brooks, the Chairman and Secretary,
respectively, of the Board of Adjustment of the City of Aspen,
for the Board, on the day of August, 1983.
witness my hand and official seal.
My commission expires:
My address is:
Notary Public
" -
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BOOK 'tv I'~\i: .J.J :>:
.
25297 5
CITY OF ASPEN, COLORADO
OF 'l'HE"-A
-"'~' I /JArINEil
f'lTKIN crr. RECORDER
RESOLUTION OF THE BOARD OF ADJUSTMENT
Sf? 79:00 AM '83
WHEREAS, Ms. Joyce Murray, the owner of Lot K, Block 34 of
the East Aspen Additional Townsite to the City of Aspen, pitkin
County, Colorado (also described as 1000 E. Cooper Avenue)
requested a determination by the Board of Adjustment that Lot .K
be considered a full-sized nonconforming lot of record under the
Municipal Code of the City of Aspen in connection with the
settlement of a quiet title action commenced against her by the
owners of the adjoining Lot L which would allow the Lot L owners
to get title to a strip of approximately 4.2 feet the full length
of ~ot K as platted; and, for a varian~e by the Board from side
yard setback and floor area ratio requirements to allow future
construction as if Lot K without the strip were a full-sized
3,000 foot nonconforming lot of record; and,
WHEREAS, the Board considered the request in Case Number
83-11 at its regular meeting held August 4, 1983, as reflected in
the minutes of that meeting,
NOW, ,THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, That the remainder of Lot K, Block 34, East
Aspen Additional Townsite, after subtracting all the area east of
the following described line:
Beginning at the Northeast Corner of said Lot K;
thence N 75009'11" W 4.08 feet along the Northerly
boundary line of said Lot K to a point on the wall line
of a shed as built and in place; thence s 14028'26" W
11.67 feet along said shed wall line to the Southwest
corner of said shed; thence S 14028'26" W 23.85 feet
along a fence as built and in place to its end; thence
S 13037'34" W 37.32 feet to the beginning of a fence as
built and in place; thence S 14049'23" W 24.69 feet
along said fence to a fence corner; thence S 75003'00"
E 3.05 feet along said fence to a point on the Easterly
boundary line of said Lot K, .
be and is determined to be a nonconforming lot of record under
Section 24-13.6 of the Municipal Code of the city of Aspen; and,
BE IT FURTHER RESOLVED, That the applicant's request that
side yard setbacks and floor area ratios be based on a full-sized
lot be denied; and,
BE IT FURTHER RESOLVED, That the side yard setback,
(i.e.,the minimum side yard requirement) on the street (west)
side of Lot K be varied by reduction from 6.8 feet to 2.6 feet;
. r
.
.
BOOK 451 PAGE555
and,
BE IT FURTHER RESOLVED, That this determination and variance
are perpetual and have been so stated to be in the minutes of the
Board as required by Section 2-22(c)(5) of the Municipal Code.
AND BE IT FURTHER RESOLVED, That the above determination and
variance are given under the authority of Section 2-21(1) and (2)
of the Municipal Code, the Board having determined that it
properly exercises jurisdiction in this matter; and,
AND BE IT FINALLY RESOLVED, That this resolution shall bind
the Board of Adjustment of the City of Aspen as to ail'matters
within its jurisdiction and that the present owner of Lot K and
her assigns, heirs, devisees and personal representatives may
rely upon this resolution as to all matters it contains, and may
rely upon them in perpetuity, with no need for limitation as to
time as it establishes present rights in the subject property
vested and absolute on the date of this resolution.
this resolution is August 4, 1983.
ASPEN, by
Sta of Colora
County of P~tkin
The foregoing instrument was acknowledged before me by
Remo,Lavagnino, the. Chairman of the Board of AdjuS.~.l;>f) the
.CitY..~;f;..Aspen,for.the Board, on the/d".J.J day of ~~l983.
,'" ,""'\W~tli~s..s my'hand and offifj.~l seal.
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303-925.:2020
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AGE N D A
BOARD OF ZONING ADJUSTMENTS
AUGUST 4th, 1983
.~
CITY COUNCIL CHAMBERS
'4:00 P.M.
I. Minutes
II. #83-11 / Joyce Murray
III. Ajourn
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DATE
13 July 1983
APPEJV"' TO BOARD or ZOilHlG ADJU:/"'{jjf
CITY OF ^SPEfl RECEIVED JUL 151983 ' '\.14-
1 2',00 noOl 0 U
CASE NO. #53'1\
~ " . .
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Joyce Murray' , ADDRESS Box 352, Aspen CO 81612
.J"
.r....':\'.' . . PHONE 925-263A
Joyce Murray ADDRESS same
APPElLANT
OWNER
, LOCATION OF PROPERTY 1000 E. Cooper Avenue, Lot K; Block 34, EAST
ASPEN ADDITIONAL TOWNSITE
.... ~(Street.& Number of Subdivision 8lk. & lot No.)
Building Permit' Application and prints or any other pertinent
data must accompany this application, arid will be made part of
CASE NO. tt '83 : I \
. ,
THE BOARD WiLL RETURN THIS,APP(ICATION IF IT DOES NOT CONTAIN
All THE FACTS IN QUESTION.
.
DESCRIPTION OF PROPOSED EXCEPTION SHOHING JUSTIFICATIOnS:
A survey error on the 1959 East Aspen Addition plat results .in an
alleged ioss of a 4.2-foot strip from Lot K to Lot L, along their common
boundary. The request is for a resolution from the Board that Lot K is a
. full-sized nonconforming lot of record under ~24-13.6 without the strip;'
that the area of the strip may be cQunted by Lot K for purposes of setbacks
and FAR requirements; and, that granting record title to the strip to Lot L
6wnerswould not violate ~24-13.7, "lot reduction; prohibition against
establishing new nonconforming uses." .
, ..
'Will you be represented by counsel? Yes x ~
SIGNED~/~f< )iA~LA;
. ~ lant ' .
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pROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR
TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON
FOR NOT GRANT,ING:~d-<{_I?'. ~ A{s\~ ~~ ~ ~ J~
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PERMIT REJECTED. DATE
APPLICATION FILED
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I hereby certify that this Improvement Location Certificate of Lot L
and the Westerly 10.00 feet of even width of Lot M, Block 34, City of
Aspen, Pitkin County, Colorado, was prepared under my direct supervi-
sion, that it is not a land survey plat or improvement survey plat,
and that it is not to he relied upon for the establishment of fence,
building or other future improvement lineG.
I further certify that the improvements on the above described parcel
on this date, 31 August 1982, except utility connections, are entirely
within the boundaries of the parcel, except as shown, that there are
no encroachments upon the described premises hy improvements on any ad-
joining premises, except as indicated, and that t.here is n~apparent
evidence or sign of any easement crossing or hurdec;inG any part of said
p3rcel, except a~;noted.
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By.' ~/ _
Sy ey ncicome L.~. 14111
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BY' LINES IN SPACE
SYONEY LlNC/COME (L.S./4/I/J
BOX 121 CARBONDALE COLO, 303-963-3852
,
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RECEIVED J U L 1 5 1983
i=t'83 . I I
NEIGHBORS ADJACENT TO 1000 E. COOPER AVENUE
Sunrise Condominium Association
....... Box 2329, Aspen CO 81612 - 8 copiesL--
'-Leland and Josephine Bartlett~
Box 936, Aspen CO 81612
...... Kenneth and Mollie MaurinL--
Box 13, Aspen CO 81612
"Charles D. TowerV'"
Box 3014, Aspen CO 81612
-.J Curtis and Ann Slavenst-'"
Box 215, Aspen CO 81612
....Jennie Cowling~
939 E. Cooper Ave., Aspen CO 81611
'-.l. villager Townhouse CondominiumsJ--
Homeowners' Association
c/o Shaffran Realty
616 E. Hyman Ave., Aspen CO 81611 - 9 copies
~ william and Nancy Sheehauv
Box 571, Aspen CO 81612
,.~.."
~ <63'11
J.D, MULLER
AlTORNEY AT LAW
.JERClME PROFESSlONAL BUILDING
201 NORTIi MIll. ST1lEET
MI\IUNG ADDRESS: P,O. BOX 4361
!&EN, COLORADO 8Hjj2
lELEPHONE: 303/925-1923
13 July 1983
Board of Adjustment
of the City of Aspen
139 South Galena Street
Aspen, Colorado
Re: Lot K, Block 34, East Aspen Additional Townsite
To the Members of the Board:
I represent Ms. Joyce Murray, the owner of Lot K. On
March 29, 1983, a quiet title action was commenced against Ms.
Murray seeking to establish title by adverse possession to a
strip approximately 4.2 feet wide along the common boundary
between Lots K and L, in the owners of Lot L, Mr. and Mrs.
Kenneth Maurin. The Maurins claim that the strip is inside a
fence which has been in existence since the 1899s and that the
survey and plat of the East Aspen Additional Townsite of 1959
which was supposed to follow the fenceline was in error. The
plat shows the boundary line between Lots K and L to be
approximately 4.2 feet east of the fenceline (that is, 4.2 feet
inside Lot L according to the Maurin's claim). The other
boundary of the Maurin's property has a similar discrepancy.
Unfortunately, Ms. Murray's property is the end lot. She cannot
"pass along" any error to her neighbor on the west as she abuts
the street. Lot K as platted is a standard 199 feet by 39 feet
just like all the other lots as platted on the East Aspen
Additional Townsite plat (recorded in Plat Book 2A at page 252).
Ms. Murray and the Maurins would like to settle the controversy
amicably as the survey error was the fault of neither. Ms.
Murray's concern is that by agreeing to give the Maurins record
title to the strip she might later be determined to have violated
Section 24-13.7 by a 1983 "lot reduction" which would, because it
happened in 1983, subsequent to the adoption of the zoning and
land use sections of the Municipal Code, disqualify Lot K from
coming under the grandfather protective provisions of Section
24-13.6, nonconforming lots of record. This is critical as East
Aspen Additional Townsite lots have only 3,999 square feet, and
without subsection 24-l3.6(a) which allows a single-family
dwelling and customary accessory buildings regardless of lot
size, Lot K which is in the R/MF zone district lacks the 6,999
minimum lot area necessary for any development. (In addition,
were transfer of record title to the strip a lot reduction,
arguably such a transfer would be a violation Section 24-13.7 by
both MS. Murray and the Maurins.)
,,,c",
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=/ig'3. II
Board of Adjustment, 13 July 1983, page 2.
Ms. Murray is also requesting a v~riance from the strict
application of the setback (minimum side yard) and FAR
requirements in that she is asking to be allowed to use, for
future development computation purposes only, the platted
line of Lot K, the line that gave her the footage she bargained
and paid for and on which she has paid taxes since 1964. This
request is consistent with the directive of subsubsection
24-13.6 (a) (2).
I have discussed this matter with Leonard M. Oates,
attorney for the Maurins, and with the City Attorney who, as I
understand it, interprets Section 2-21 of the Municipal Code, as
granting the Board of Adjustment jurisdiction in this matter
either as a review of a decision of an administrative official
under subsection (1), or as a matter referred to it under
subsection (2).
As litigation is pending on matters involved in this
application before the Board of Adjustment I must make clear for
the record that it is my client's position that she is in no way
obligated to grant any rights (including title) to any portion of
Lot K to the Maurins or any other person; to admit any of the
allegations of the Maurins not admitted in Case No. 83CV154,
District Court in and for pitkin County; or, to prosecute this
application in order to establish any rights of ownership or land
use under the laws of the state of Colorado or the Municipal Code
of the City of Aspen with respect to any portion of Lot K.
Submitted with this letter and application are a list
of adjacent neighbors with addresses, a survey prepared for the
Maurins showing the fenceline in question, a copy of a portion of the
1959 East Aspen Additional Townsite plat showing the subject
property as platted, and a draft resolution.
c-~ioJEj L
J.D. Muller
xc: Ms. Joyce Murray
Leonard M. Oates, Esq.
Paul Taddune, Esq.
Building Department
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RESOLUTION
.
WHEREAS, the boundary line between Lots K and L, in Block
34 of the East Aspen Additional Townsite to the City of Aspen was
established by prescription prior to the adoption of any
subdivision, zoning or land use regulations of the City of Aspen
now in force, and in particular, Sections 24-13.7, 20-4, 20-21
and 20-5 of the Municipal Code of the City of Aspen; and,
WHEREAS, the actual boundary line varies from the
boundary line depicted in the plat of the East Aspen Additional
Townsite; and,
WHEREAS, the owners of Lot L and the owner of Lot K have
requested a resolution from the Board of Adjustment of the City
of Aspen acknowledging that the actual boundary line established
by prescription is for all intents and purposes the actual
boundary line between the lots and that both lots are and shall
be considered full-sized lots for all purposes under the
Municipal Code of the City of Aspen:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT
OF THE CITY OF ASPEN, That, the following described line is and
has been since June 5, 1948, the boundary line between those two
lots or parcels of land which are presently designated Lot Land
Lot K, Block 34, East Aspen Additional Townsite, City of Aspen,
County of Pitkin, State of Colorado:
Beginning at the Northeast Corner of said Lot K;
thence N 75 degrees 09'11" W 4.08 feet along the
Northerly boundary line of said Lot K to a point on the
wall line of a shed as built and in place; thence S 14
degrees 28'26" W 11.67 feet along said shed wall line
to the Southwest corner of said shed; thence S 14
degrees 28'26" W 23.85 feet along a fence as built and
in place to its end; thence S 13 degrees 37'34" W 37.32
feet to the beginning of a fence as built and in place;
thence S 14 degrees 49'23" W 24.69 feet along said
fence to a fence corner; thence S 75 degrees 03'00" E
3.05 feet along said fence to a point on the Easterly
boundary line of said Lot K.
AND BE IT FURTHER RESOLVED, That, the above described
boundary between the said lots together with the other boundaries
of each lot as platted for the East Aspen Additional Townsite
describe two full-sized lots, namely K and L, for all intents and
purposes under the zoning and land use regulations of the City of
" ,'~~,
-:j:1~'11
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Aspen. In making any interpretation under the zoning and land
use regulations of the City of Aspen now or in the future, Lot K
and Lot L, with the above said bounda~es shall be deemed to be
and were from June 5, 1948, full lots though their common
boundary (as described above) differs from any plat or
description established, described or platted prior to or
subsequent to June 5, 1948, up to and including the date of this
resolution. In addition, no requirement for minimum yard, floor
area ratio, minimum lot size or any other ordinance or regulation
of the City of Aspen shall be applied to Lot K to produce a
result different from the result which would have obtained if the
common boundary of the lots were as platted on the plat of the
East Aspen Additional Townsite; but, at the same time, no
requirement for minimum yard, floor area ratio, minimum lot size
or any other ordinance or regulation of the City of Aspen shall
be applied to Lot L to produce a result different from the result
obtained with the common boundary of the lots being the boundary
described by metes and bounds above. This resolution is adopted
and is to be interpreted for the benefit of the owners of Lots K
and L and their successors in title.
AND BE IT FINALLY RESOLVED, That, this resolution shall
bind the City of Aspen as to all matters it covers and that the
present owners of Lots K and L and their assigns, heirs, devisees
and personal representatives may rely upon this resolution as to
all matters it contains, and may rely upon them in perpetuity,
with no need for limitation as to time as it establishes present
rights in the subject property vested and absolute on the date of
this resolution.
Effective date of resolution:
BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, by
Chairman Secretary
STATE OF COLORADO
COUNTY OF PITKIN ) ss.
The foregoing instrument was acknowledged before me by
the Chairman and Secretary, respectively, of the Board of
Adjustment of the City of Aspen, for the Board, on
Witness my hand and official seal.
My commission expires:
My address is:
Notary Public
Cou~ty of Pitkin
)
) ss.
)
Stirte 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)
f01lows:
The undersigned, being first duly sworn, deposes and says as
1.
Joyce Murray
(print name)
I,
, being or
;'epresentin~ 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 he~ring 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 visible continuously
from the
25th day of
4th
day of
August
July
, 19~, to the
, 19~. (Must be posted for at
least ten (10) full days before the hearing date).
-
-
APPLICANT
~j,~ -~~
~ na ure - I
Subscribed and sworn to before me
this 4th day of August ,
19 83 , by Jovce Murrav
.
WITNESS MY HAND AND OFFICIAL
SEAL.
commission expires: c;~ ;;;Lcf /1" cP~
14
/