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Home My WebLink Aboutlanduse case.boa.800AlpsDrive.006-80 NOTICE OF PUBLIC HEARING 80-6 Case No. 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 publi.c 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 affected by the proposed variance are ii1vit~d 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 Bo~rd 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 lwleeting: Date: Time: May 8, 1980 4 PM City Council Chambers Name and address of Applicant for Variance: Name: GaardMoses Address: Box 21, Aspen, CO 81611 Location or description of property: Location: 800 Aspen Alps Drive Desc~iotion: MS3881 .. -Variance Requeste~: Application 1S made for a building permit to build an addition to an existing one family dwelling. The proposed addition will have a front yard setback less than tlle 100 foot re~uired setback and will have a 's i~je yard less than the 30 foot required se,tback. See. 24- 3 . 4" en Conservation Zoning District. Duration of vaii~nce: (Please cross out one) ~/ . Temporary Permanent x _1li" THE CITI OF ASPEN BOARD OF ADJUSTMENT Will not represented by 'counsel. BY Remo Lavagnino, Chairman by Susan"Johnson, Deputy City Clerk -- .-- - ..------ .-' .~'. l' '---.- Jt ~:"("i) r' i.l f"~1 r. t.. ....... A. ....., ..,...............,().C I()C k .'';'.,.'' ...... r.{ '. .................... ... ....... ....... . .... ......................... ......... .~ ~ ~~~~!~c~U~~~~;;~~:~~~__~~_.~_~~ . TillS INDEN1'u:nl~, ~rado this 6th dny or JUllC . 19 74 t bct\veen C.J\ARD HOPKINS MOSES whoscaddrc~8is Post Office Box 2388, Aspen, Colorado part Y of the first part,nnd the Public Trustee of County of Pitkin In tho State of Col~rado, party of tho B~ond part, \Vitnesseth: 'J'IIAT, WIIEREAS, 'rho said GAi\RD HOPKINS MOSES Jaa S executed his promissory note Dearing even' date hercvdth, for the principal sum of Fifteen Thousand -- --- -------------- -- -- ---- -- ----- --- ----- --- --- -- --Dollars, p87abletothoordctof JAIv1ES C. BLANNING, JR. . \Vhosoa.cJdressls Post Office Box 33 I Aspen, Colorado 81611 after the date hereof, \v14h->>\~~tr~~)ft 4ron}-tl~-dt1te-thereO'f at"'tlro-rattnJf---~--------~-t!~1'ff-annttm.-vnyablc in accordallce ll1ith t11at Agreement of even date herewith by and between GAARD I-IOPKINS Ivl0SES and JAMES C. BIANNING, JR. , ,;, ~ . . ...f A~D WIIERE4-S, The..said part y of the first part is desirous of securing payment of the principal and interelst of said promissory note in whose hands soever the said note or any of thenl may be. NOW, TnEREfOIm. '111e said party of the first part, in ~onsideration of the premises and for the purpose afort'said. does IherebY grant. bargain, 8eU and convey unto tho said party of the second part in trust forever. the foll<nvrng described property, Bituate in the County of Pi tkin , State oi Colorado, to wit: A. tract of land situated in See. 18 TIOS R84W 6P:rvl being described as follows: BEG-INNll~Gat ~ point on line 4-5 Mineral Survey No. 3881 ANI "Little Nell II being S43028'44''W 70.00 .ft. from corner No.4 Mineral Survey No. 3881 AM tfLittle Nell" (Oi No.5 re-rod in place); THENCE S43028'44\'\T 136.76 ft. along line 4-5 Minerql Sur'ley No. 3881 AM "Little Nelltt to carrier No.5 Mineral Survey No. 38BI1U'lI; THENCE S4So36'\V 197. 73 it. along line 5-1 Mineral Survey No. Ii 3881Al\1 to the cornorornise line with the tlrvTillionaire" (r\l1ineral Survey No. 3620 ! ~M); THENCE S14c'>30'W 397 . 85 it. along the compromise line to a point of tntersection Vii h line 1-2 Mineral Survey No. 3881 AM & line 4-1 Mineral Survey I t-Io. 1830 nChal ce"; THENCE N45000 I E 672.80 it. along line 1-4 Mineral Survey No. 183 !'Chance"; THENCE N43046'W 203.47 ft. to the point of Deglnning, cont ining 2.324 acres more or less. "/- , I , '. TO BA VE Al'lD Tol BOLD the aame. together with all and aina-ular tho prvileges and appurteaances thereunto belonging: In Trust I NeYer:t.hel~. Thn~ in e~ of de!ault in the pnymcnt ot said note or any of them, or any part thereot. or in the pllj"ment or the interest thrI1:'OD.aeeordt~g' to thew' enor l\nd ef(~t e~ Bald note O'r any of them, or in the J)aymen~ or. any vrior ~ncu.!Dbrn.ncc....g, prin~fp1\t or inter-rAt. It eny. or in cas. default sh~11 ~ mAde in or in ease ot vlotlltjo~ or bN?RCh ot any or the tcml.d, con(Htion"s, covenantn or n~reementa b. ~~lD ~or:t3in~d. th~ ben !iciary herf!'Underor L"le le~nl holder ot the (ndE.'bl'.~nes8 secured here. .by may de,dare a vohl.tion of ,any of the cov('nant3 heftm conuined :and el~c to advcrtil:J~ said property for BD.I~ andrlemnnd 8uch RaJ~J th~ n. upon fHin~ notice of such ~lf!cticn anr} demand Cor aale with tbe s:1td pli.rty ql th~ ftecondpart, who shall upon receiptor such notir.e ot e!.,..,~tion ond demJtTld for !nle cn~se Q. CQPY of th~ same to Lo rftONed in the re-cordtr'a office ot the countY' in which said Tenl e6tA~ is situnted, jt shall and me.y be Iftwfu) tor snhl pnrty or the 8€'(~f)nd >>art to sell aDd dlspoo", at the S&nlt! (cn masse or in separate p:ltcels, IU the saId Public TrustA:'e Dl,ay thmk best), and all the riirht. title and in- . . , terat of said part Y ot the. tirst 'Part. heirs oras~i~n'i th~rein. at public auction at thf! front door or the Court H'"-Jse. In the Coun yo! Pi tk in, State ot Co~orlldo, or on said pr~mlBl-':1~ or any !)srl the~f 8.5 may ~ I;PE'Cific-d Ill. tLt! DoU~e of said !IaJe for the bi{:he:3t and lK-st price the Barnc will brin~ in cli!1h. four V;~Y..<j' t>u~lie nctice havinsr been l1reviouPJly given ot the time- and l"Iaceot such saI('. by advcrtieemcnt.. wt-ekly. in some r.eW'3pul'er of ~~nernl circulalion at that time pubiiBhed in .sid county of No.. ~il....lt. :~J':I~') u... 'fnUt'.r--l"ul:l'(' Tr.!~;, }--.~~\ c..h"C"'i Chp1,,{--,'dfuh .. ;!,"'t.t(.p', I :J;' l.:f)., ~:~~ ..(-~,: tV.lJt L'tt~.~ Jh:,' ~Ir, Cdh) Ol.t} . C-1:i r:/:L' t'; ~ t .,' /..'1.(iJ tl1. ..1,1 fMoI\ Y tlf tha tint 1.art. fot h j .' t. . IlnSC! . ..nd f.u' hiS h(<i fit.... rr:U t~, t:J ....if! ad'l1; u i~ t ~.. ~ ~~ll'~. . , ~"~~"I\t S .....1 al(UO S ~.d with tJ,. MI,I I'" rt y "r tl.o o..r".,.1 pft t 1, tJ. A t at Lh 0 \I tUO or Ibo ...au 11,,11' (It a ud del 1 v (' r, 0 t LI..". pr....entll . he 1. 5 well ......... of the uhl la...1 a hd I(,he"ll''' to In f ,'e al In l.\r. anti h II (lOo1 rl,,!.t, tu II "0 Vl'U a n.1 Ie w tu I all U,"ri'" to lrU... 1, bUlla!\), o.U a"d eon vry Lh.. ...me In l!.., lI1"nun' a lId t onn ... at" r..... 101; hor, tu 11, a n.l a b.ll I u ld, .. al vin Il ..".1 t d c ".1 nil ..11 rl"hta a:ld d ..hn. he 0'.' h. vo In or Lo ..1.1 \"n.l.. 1.'n~tll""\.II. .1I1l1 "rOI..rt, DO a II un"..li'AJ I~H",l't1on. or olh.. ('nml'UoO. ,,,,,Ier "nd b,. vil.ln. "t an, art of Lho ewer 0.1 ^""..lld.l, ot u.., Ill..'. or (\.lurl1,I.., n"" edollnl\' or which Ill.' be....af"'r be 1'.""" In ..laUo" tI\t'tret'l aDJ .that th., .am.. a.. tn'..: and clear uf wi lI~n. ",I,d cnculul.nulc.... wh~wv-.:r. .. ~ , . '",,". .'\' ,-,' " \.. . ; to ) , ',' I . t ".- ..~.,.~l' \- '" ' . :' I -.' .. ... . . , . ' t. .', . .' At . . . and U;o' a!Jo"~ ba~alned ptUpertT, 'Iu the Quiet ;'1'cl,< ren>.~lo Po......lun ot. the Bald l'art,' of the oc<:ond part, bla .uc<<O'oore and ..alr-Ila; altal,,"~ all and evel'}' ~raon' or petsOla lawtully clalmlnlt or to eI.lrn tho .whole or any part thenof, the ...Id plIrt y, . of the first part .hatl an~ will 'VarrAnt aDd k"ort."Ver De!end... ,.:.' . . , , " ., And that durinv; th~ continuance of' .ald fndeb~dneG. or any part thcrt..."OI. the 83fd llU.rt V of the flrat part win In due .~n par alt lAX.,. and ...."".menta 1~'1i,,<1 on .Illtt properlY: all amollntll du", on .<ccount of prind!,,,1 and' Int<'rrot on prior encumurl\n"".. if any: and will . keep all blllldinc. that may at any time be on .ald l..n.L<. In.urL-d a!:l\inst IUBO by fire with ""tend"" covert'~e .endoraemenIA In .uch company or companies aa the holder of said note . ';ot to ex"""d the amount ot aa Id lodebtedne".. except 8t the option ot an Id part y of the first part. with loa., I ( any. payable to the bene- ficiary bereunder.. &II his I..terest may app...r, and wUl deUver the poUey or polich.. of In.umnce to the b..-neticlary hereunder. aa further a.curity tor the Indebtedness alo~ald. And In CMe otthe fnilure of .ald part Y of the fint part to thlls Inaure and deliver the policieJI of insuranc., <>r to PIlY auch la:"'S or ."a..anlcul.:> or amounto due or to UL'Come due on any prior "ucumbrllnccs, if an,.. then th. holder may. from time to time direct, for .suc1.t sum or' .uma ~ such company or comvanles will Inaul"e for, of laid. 'note , or any ot them. ma, pr"cure such Inaurance,. or pay auch laxes or as....ament.! or amount due upon prior encumbran...., If ...t any. alld nil moreys thns palJ. with interest thercon at . no . per centum per annum. "hall become ao much additional IndcbteJneaa: ".cur~ by this DeeJ or Tru,t, lInJ .hall be p"id cut of the procee<b of the aale ot the property aforesaid, If not oth.rwi.e paid by .ald part . of Ute !lirat part and may tor such to.ih,ae dC'Clare a violation or this covenunt cnd agreement. ... .Ali'JD THAT IN CASE OF ANY DEFAULT, Wher.by tbe r1~ht of .foredosu.... o<:CUnl hereunder, the lIame party of the acecnd part or tbe h<1lder of said note or certificate of purch...,., "h"li at once became entitled to the i'osBcs.ion. u.. and enioyment of the prol'erty afore- Baid. 'fnd to the rentA, Issues and profita thereof. tram the accruing or such right and eluring the pendency of foreclosure proce<x\inlt" and the period! '" l'edempt!on, If any there be; and aucn poils€2lalon ahaU at once b,e delivered to the allid party of the second part or the holller of aald note or a!rtifieate of pllrch""e on requ.st, and on re!W1al. the delivery ot such possesalon may be .nforced by the "aid party of the "econd part or the hold.r of aaid note or certificate of purchaae by any appropriate civil "uit or proc.edlng. and the said party of the second part, or the holder of said note or certificate of purchase. or any thereof, aha1l be .ntitlffi to R Rec.iver for .aid pro!>.rt,.. and of the renta, Isslles and .profits thereot. after suen default, Inciluling the time cov.red by foreclosure proceedings nnd the period of redemption. if any th.r. be. and shall be entitleJ thereto ..s II matter of ribht without regard to Ihe aolv.ncy or insolvency of the part y ot the finlt 'Part 0:' of the th.n owner ot said pr~pcrty and withuut reb"tlrd to the value therrot, an.! such Rec.iver may be al'pointed 1.y any eOllrt of eompatent jurisdiction upon e.'C parte application snd without notke-notice beinl:' hereby expr.asly waived-and all. rents. usues and profit.~. ineo~ and rev.n'l' therefrom ahall be applied by such lteceiver to the paym.nt of the indebtedness hereby secured. llccordini' to law ."nd the orderl and directioc::l of the court. AND. That In ease of default In any ot aaid payments of principal or Interest. according to the tenor and effeet of 8'8ld promis.ory nota atoresaid. or any of them, or any part thereof. or ot a breach or violation of any of the eovenMls or ai'reements herein, by tbe part y of ille fint part. ..,.""utortl. administrators or assi::ns. th.n and In that eas.' the whole ot "aid principo I 8uan hereby "",:ured,.. nd the in Ierest th.reon to the time ot oale, may at once. at the optio n of the lew>l hold.r ther",,!. become due an.j pap bl. · an d the . sa.dJ1lroperl,. be .old in the melln.r and with tile same efieet as if aaid indebtedness hlld matured. and that If foreclo.ure be made by the Public . Trust..... .." atto>rnoi'y'a f"" of the sum or . . dollars for .ervkes In the .up.rviaion ot said foredosure proce<<dinl(Il shall be allow.d by the Publi: T!-..t..tee aa a part of the cost of foreclosu..... Ilnd if toreclo.ure be mad.. thro~..b. the cour',.iI a ~~onable attor-ney's te~ shaH bet.r.xed by the court Ll.> a part of the cout.s or ~uch foreclosure proceeJini's. IINWITNESS WIlEHEOF. Tbe said l'art y the ,d~y a.nd y~ar tirst aoove written. ' of the first part ha S hcreunt.o 6<:t hi s . h!1ud :.I:d %~~J .. "" o. .. .... . "'. ~ .~. ..' ~ .:- .. I /P r'lt,J" 1{(. · V '0. (\Nytr.. ~u4' ~I !' i ;kJrw-:-:::...-6 ('G1\t\.1lD Hd~Kfr\!pl1\rC5gEtj~-_--i"EALl ~~________-__-----------------------------------~--- [SEAL] , _----------------.;.------------------------------------__- [SEAL] WITNESS: , .... .:-. : .~: ,'" .. ... .!. ": . : .& :~ The. fot'eltOlnlr In8trument' wu. acknowledged b.fo.... me thlla___________~~_l)_ --------- . day oL_J~~~----------------------... 19.?-1 by___~-.tl~~ --~~---~----------------------------------------------------------------- My cotntrll A g~~-J5lsr?)DgSlLf-e-l-J~ZZ--------------------- Witn .y ~. , ;rijitjff' //A ________ c{ ~ __ '~~p:,t; .~- --------------------------- Cheri& D. W ~ Stick ' NoW7 Publlo. ..,.;. .".....: '" ~ .. :-" ~.- .... -:) ........ .._~: ..... . ,I'" ,r ,,;,: :8TA~ OF COLORADO," ~.. ': ':f~'~'l ___________ Count,. of __r.!!J;!..n.--- M. . ' .....: <~"'l. ...~: .fflT~IN CO UtflY .. . \. ! . .... ~~I COL.ORADO 81611, . . .4. ;.... ' ) . ~~ <,. I .~.~ :,. ' , . ~. i . ':\' . .' ~ ,j : .,; '0 1 ~'. i I . Ib i en (J r-1 ! 1~ : :;:J p I . . , , i l ~ 4H ~ I ! ! ~ ~ en .~ i~ ie ,t .. , .." : i ! ! ' tU i i ~ f ~ i i ~ "d i I :~ i~ j ~ ..J ~ [' ! t ! ~ oS i :~ ! E-t i i E-t 1 i ~ u .. I ~ ,I ' ! i ClJ 0 ! i . .. ! . en C./) I s (] . !~ ~ i i i 0 .; 0 Jt ~ i P ta:.. i e -I z . cu x I 0 ~ bO \u I III ~ ~ I I I ~ d Q I ! tIl p.. ~ i I I E-i ~ ~ .E m .~. ~ f i ! C) ff} 0 M +-' V ~ i I ..., :.J I H ....~ If) +>> ,I A 41 ~ () i 0 u 0 0 :0 4) z. N (.) 0 ~ i i f-. ~ r.:l f..) ~ +> ' ctJ i J: ~ ~ tQ ! ~ ~ (J i ~ i i i ! t ~ r.: ~ (.) ! ! I, .J I ~ i ~ E--t I ~ ..c.: 4.-:; i i i . Q 0 i :;) , ! i 0 -.J 'H ~j f i .. ~ ! 0 i ~ I rs:l h f i u). I 0 I P-c 0 ~ h i i . 0 ~ ! ,~ ~ E In" I e 1 ~ ~ 1:: 0 i Z ~ I .8 '" n : . ~~ I ~ 11) .E i f , C) ( i u I tr.. ~ ~ (j) l 1 e : ~ '0 C2 I i I ,0 .,.... i I ; .. t t '1> 0 rcJ 0 i I i i ! ... () (U .... . 1 Cl,l ,-;.... ! I I ~) ~, !! ~ Ii ..c; "4 ~4 ..~ .1 i H . , '0 I, .. ; . I : i tl t C) CJ i:~ 1 .1 ~ 'of ... t t t . fJ. ... Co welton anderson & associates ~ ~rchitects / plo'nners . '. ~ox 9946 / aspen. colorado 81611 / (303) 925- 4576 TO: BOARD OF ADJUSTMENT, CITY OF ASPEN RE: GAARD MOSES APPLICATION FOR VARIANCE FRO:M SETBACK REQUIREMENTS DATE: 12 April, 1980 Dear Board Members: this application is for a variance from the strict interpreta- tion of the setback requirements in the Conservation Zone as 41ictated in Secti_on 24-3-.4. When Gaard r10ses bo~ght the subj ect ~ne acre of land and improvements (some of which were originally *ining structures) in 1974, it was conforming and zoned R-15. fhat area 0 f Eas.t Aspenl.~untain abOV. e the Gant tennis courts as subsequently rezoned Conservation (10 acres minimum lot ize, 100 foot f'ront setback, etc.) without a genuine effort ~y the City to notify Gaard of the rezoning or its irnp~ications. Xn fact, it is the only house in Aspen in the Conservation Zone. Because of the s.ize and shape of the lot, and its natural topo- 9raphy, the requ.irernents of the "en zone effectively elimInate the possibility of any structure on said property. These circumstances, most certainly, are valid reasons for granting a variance, as defined in Section 2-22 (d) (1) through (4). As mentioned ear1ier, parts of the site improvements date back to Aspen's earliest mining days. However, in 1955, the then owner, Chuck Bo1te,elaborated on the original .struct~re to create a truly b~zarre two-bedroom house, which is all at once unsafe, no,t waterproof, structurally unsound, dangerous in too many respects, anid so far from conforming wi th any zoning or building codes that this architect.has bashed his head against the ceiling several times and hesitates to even enter the house. The plans prepared and submitted to the building departm~nt for the repairs and new construction show a reduction to a one bed- toom house, whi.ch is slightly larger, but in all respects in conformance wi th .all current - local and national building codes; and retains as much of the original 1880's construction as is possible. Presently, it is one of all too many non-conforming substandard dan.gerous II slum" ~tructures in Aspen, which w.e hope - ,,~', -'p:~ . ,'~ \J~ '--~"'~.' ~,. .-:r"-t~~..'\'f.. If J ',~~t:~ ~i,' "<'''".,~.; .. -' w( Board of Adjustment, City of Aspen l2In.APril, 1980 Pare Two to make habitable with your help. Gaard will be happy to pro- vide any assistance and additional information to any Board membe"rs wishing to make a sight inspection of the subject property. Please call 925-9222 to make arrangements. We appreciate your consideration of this application for a variance from setback requirements and a variance from "non- corforming status. II Because of its unique situation in this zo~e(primarily Ski Corporation and mining land), and the delsire to upgrade an individual's own home, we feel your con- si~eration can only be helpful. Si~cerelY, j, t[l iett~ a1L(ie~1CJYv-!k-' c. Welton Anderson, Architect' Re resenting Gaard Moses I cwlA.:fc Enclosures 'I 8RAOP'ORD ~U8LI.HINC CO., DENVER RECORD OF PROCEEDINGS Regular Meeting Aspen Board of Adjustment May 8, 1980 The Aspen Board of Adjustment held a regular meeting on May 8, 1980, at 4:00 PM in the City Council Chambers. Members present were Fred Smith, Charles Paterson, Francis Whitaker, John Herz, and Marilyn Beers. Remo Lavagnino was out of town. Also present were Clayton Meyring, City b~ilding inspector, and Ron Stock, Cit~ Attorney. Fred Smith, vice phairman, acted as c~airman in Remo's absence. Approval of Minutes Francis Whitaker moved that the minutes of March 27, 1980, be approved as presented. Seconded by Charles Paterson; all in favor, motion carried. New Business Case No. 80-6 Gaard Moses 800 Aspen Alps Dr. Fred Smith read the variance request: "Application is made for a building permit to build an addition to an existing single family dwelling. The proposed addition will have a front yard setback less than the 100 feet required setbac~ and will have a side yard setback less than the 30 feet re- quired. Section 24-3.4 "c" Conservation Zoning District." The request is permanent. Gaard Moses was present and also being represented by ,architect Welton Anderson. Gaard gave historical background information and presented photos of the property in question. .He stated that the history of the property was important; it dates back to the early mining days of Aspen and was originally an 1883 min- ing claim. The house in question was built by Chuck Bolte in 1955. Gaard purchased the house from Jim Blanningoin 1974. Gaard said that during the succeeding two years, there was a continual court battle between the City, Pitkin County and himself as to clear title of the property. He said he did obtain clear.title after deeding 1.3 acres of greenspace to Pitkin County. At the same time, the pro- perty was down-zoned from R-15 to "c" Conservation Zone. He stated that the house is currently without many social, aesthetic, or safety amenities. The building materials used and construction itself are impractical, unsafe, and even rotting. Welton Anderson had submitted a letter veri- fying the condition of the house. However, Gaard said he was living in it. Gaard said that because it' is in the "Cn Conservation Zone~, he is asking for a variance from the 100 foot setback requirement (including the 30 foot sideyard setback) so as to update and bring up to current safety standards. Down- zoning it to a one-bedroom (currently two), and expanding it to practical "useableness" of 400 square feet are his basic plans. He would also like a variance from its non- conforming status so as not to incur anymore hardship or practical difficulties on the proje6t at present and in the future. He presented the Board with working drawings of the changes he wanted to make. Gaard said that the hardship was due to the 100 foot set- back requirement in the "e" Conservation Zone; that he could not build anything except on a 45 degree stone ledge which is behind the house. The house is approximately 70 feet from the front pr9perty line. He stated that the practical difficulty was that he owned the only two houses in Aspen that are in the "c" Conser'vation Zone. All the other C-Zone lands are either vacant or ski slope. -2- Fred as~ed Gaard if he had appeared at the rezoning meet- ing which created the "C" Conservation Zones. Gaard said that he was in litigation for a number of months with the County as to who owned the property, and that eventually, through trading, it was settled to the title company's satisfaction that Gaard owned the property. Continuing, .he stated, "I assume that they didn't know that the resi- dences existed or they assume that they (the County) were the owners, and could do with them a~ they pl~ased." The "C" Conservation Zones were created-about the spring of '74. Charles Paterson. asked again, "They didn't notify you in writing or otherwise about a hearing (for rezoning)?" Gaard - "No, not myself, nor Jim Blanning, nor any~me else." Questions were then asked about the second lot structure on the property...Fred asked when it was built. Gaard said that the "foundation has always been there..." Marilyn Beer asked if there was anyone living in the second house. Gaard said yes. Fred asked if the accessor's records in- dicated two houses on the property. Gaard said yes, and presented photos as evidence. Fred asked why Gaard needed a variance if he was not de- creasing his setbacks? Clayton Meyring, City building inspector, said that it was non-conforming as far as setback requirements and that anything built on it must rneetthe requirements. Ron Stock continued by explaining that the property. was non-conforming in two respects: first ,. it was non-conform- ing as to use because there are two units on a piece of property on about one acre of'land. In the "C" Conservation Zone only one house is allowed on 10 acres and if you have a non-conforming site it limits you to have a single f~mily dwelling. This has two single family houses and is there- fore non-conforming as far as use. There cannot be any reconstruction or expansion. As a non-conforming structure, if it is remodeled, or restructured it must be within the setback requirements. Fred Smith asked what the City's or Planning Office posit- ion was. Sunny Vann, representing the Planning Office said again that it was a non-conforming lot because it has two single family structures and the requirements are for just one. Therefore, he (Gaard) would not be allowed to expand or reconstruct according to the Municipal Code. "That alone should be enough to deny the application itself," in- dicated Sunny. He continued by stating that remodeling can be done within the existing footprints of the building. Therefore, Gaard has an opportunity to remedy some of the structural/safety problems as long as he doesn't expand intc the setbacks. Dates of events were clarified: Gaard purchased the pro- perty in 1974; the 80/40 Greenline was established in 1974; and the "e" Conservation Zone was established in 1975. . According to Gaard, he began remodeling his building shortly after purchasing the property - "probably within a month or two." Clayton said that the remodeling was done without a building permit. A stop work order was issued a couple of years ago for the remodeling (Clayton was unsure of 'the exact date of this). ,:) -3- RECORD OF PROCEEDINGS " As en Board of Adjustment May 8, 1980 Ron Stock clarified some of the events leading up to the issuance of the Esstoppel. · He stat~d that the process" .of litigation had been started to require that the structure be removed; a possible settlement was reached. The case went before P & Z for the80/40..:...Greenline review to. see if they would accept the settlement. P & Z.would not only accept the settlement, .but would allow h~rn to complete his full project.. We (the City) were asking that the sec- ond story be removed, or at least a good portion of it. It went before City Council with the recommendation that a good portion of the structure be removed. City Coundil made the decision to allow Gaard to build the entire struc- ture. This was the original, log structure now before this Board. Francis .Whitaker then made the comment that the Board should have written record of what the property has been through before they make any decisions. Many things have been said without the record to confirm them; i.e. meetings of last year with City Council and .p & Z.. Ron itemized what the Board needed to review and judge this case: 1) rezoning information, 2) aerial photos to show historical development, 3) 80/40 Greenline decision of last summer ('79), 4) City Council action of last summer ('79). Ron said that there had been no mention of setbacks when the property went through 80/40 Greenline review and City Council; there had been no mention of it until this variance had been requested. Various question arose from the Board: Fred asked, "Why are there two structures on land zoned for only one struc- ture on 10 acres of land?" Ron stated that the photo history was not very conclusive, but that aerial surveys were kept in the Engineering office. They show size and footprints of various structures in the City at various times. Fred then asked, "If there.is a building - which is unoccupied - what is required to convert it to a residence? Also he asked, "Do you think there are two Certificates of Occupancy, or one that is a mining era continuing residenCE and the other a Certificate of Occupancy issued by City Council?" Clayton said that there was only one CertificatE of Occupancy; the other house he was not sure. Ron then mentioned that there were actually three structure Gaard said that the third structure is liriked to the log house (the one involved in the varian~e request). Ron continued stating that the third structure (garage witt a studio above) is what was in con"tention last summer with P & Z and City Council. Fred request~d -.that the minutes of that City Council meeting in 1979 be available for the Board to review. . Marilyn commented that according to the date on the plans submitted to the Board (November 22., 1979 - date of plans) ~ and the approximate date of the City Counci~'s approval... these were not the plans submitted to. the Council when they granted permission for continuing the project. ~ Fred asked if they had the current survey? Gaard said, "I think both of those are correct, the survey you see is a stamped and proven survey." Francis said that one of the surveys was dated June 14, 1979. -7 s lock 38 -4- Gaard.tben said, ttI was told to submit plans for this part, this part was not in contention at that time (he referred to the surveys). I had to step pretty qu~ckly; Welton had to step quickly too, to get t~9se plarls done. At that time, and before I went into"Council, .r was told by a member of the Building Department that what I should do is have all the plans together and do the whole thing as a packet. Well, time didn't p~rmit and time ran out. Shortly thereafter, I left the country. When I got back, the plans were done. I think the original plans were done in September . It . Ron said that it was not known why City Council granted the approval; it was over the objection of the City staff. The staff was asking that there be criminal prosecution for construction without a building permit. The structure al- ready had the building envelope and all that was left was the interior finish work by the time it reached City ~! Council. He suggested a few reasons. that it was granted: because of Gaard's good reputation among the Council, per- haps because the penalty being asked was too great or that ,it would cost too much. The decision frustrated the staff. Fred opened the discussion to the public. Jerry Hewey, man- ager of the Aspen Alps Condominium Association, first asked about the notification process of surrounding property own- ers in the case of the City Council's review of the case. This was clarified by Ron. Then Mr. Hewey said that he had thought that the newer structure (the studio/garage) was not going to be a residence. Gaard said that he was using it as a studio/garage and living in it. Because City Council passed a home occupa- tion use" this meant that the structure must be joined to and have access to the main house. The studio/garage is part of the house subject to the variance. Mr. Hewey said he also had an interest in the case because of the road leading to the house. It is owned by Mr. Mitchell and Mr. Bornefeld (sp?). The Aspen Alsps and Mr. Moses have easement rights to use the road; this based on a single family residence so that it doesn't become too congested. Fred as Mr. Hewey, "You thought there was one house and a studio? But there is, in face, two houses and a studio connected to one of the houses." Gaard answered yes, there are two houses, one of which incorporates a studio. Concerning the road, Gaard stated that he also has access by way of a back road which is an old railroad right-of- way. It was not determined who owns the road because it goes through many different properties~ Francis wanted to postpone the case to a date certain. Charles Paterson made the motion to'postpone the case near- ing until June 26, 1980. Motion was seconded by Francis who added that all information from the City be included. Marilyn asked that Gaard also prepare a written history. All members in favor; motion to table the case to a later date carried. Acting Chairman Smith read the variance request: To divide nine (9) City lots into two parcels: a two (2) lot parcel and a seven (7) lot parcel. . The two lot parcel would have the fol.lowing non-conformaties: .RADPORD PURL._HI G CO., DItHVEft RECORD OF PROCEEDINGS " Regular Mee ing Aspen Board of Adj ustnlent:: Jul 1980 The Aspen Bard of Adjustmentheldl.!a regular meeting OI"lJuly {ii,. 1980 at 4: 00 PUin the City Council Chambers. Members present were Remo Lavagnino, Charles Patterson, Fred Smith, Francis Whitaker, Josephine Mann, John Herz and Marilyn Beer. Also present were City Building Inspector Clayton Meyring and City Attorney Ron Stock. i A?~ROVAL O~ MINUTES ,I Minutes of June 26, 1980 were presented. Josephine Mann moved .that the 3rd paragraph on page 4 begin- .ning itA property owner ...n be. corrected to include the name of the property owner, who was Mary Luhnow. Remo Lavagnino suggested that the 2nd paragraph on page 5 should have said July 1, 1980 instead of July 2, 1980. Francis Whitaker moved that the minutes be approved as corrected; seconded by Mann. All in favor, minutes approved as corrected. I OLD BUSINE~S. _ Case No. 8~-6 Gaard Mose Aspen Alps Drive Gaard Moses stated that one of the problems concern- ing his case was ,that the Board wasnted a more con- cise history on the buildings in question.. He said he went back as far 'as 1957 to the tax records which he quoted from and described. He thought there were questions as to what the improvements were and when they were made." Moses' said he bought the property in 1974. and at that time it was in the County and was to remain there for another year. He then pre- sented a handwritten note from Jim Blanning which confirmed two habitations from 1970 to 1974. He als had a statement from Warren Conner, Deputy County Assessor. Moses stated he believed that one of the . questions involved stemmed from the fact he was in the C conservation zone and not R-15 which was the zoning before he was placed in C. He was downzoned in 1975 when his property was annexed to the City. He thought he was 'before the Board at this meeting because of the setbacks required in the C conser- vation zone. Moses then presented a note from Bill Kane, Aspen/Pitkin County Director of Palnning. Another statement from Kane said the North of Nell building was also zoned C conservation but the owner complained and it was upgraded to what it is now - SPA. Moses also presented photographs of where the second kitchen had been when, the site was inspected. He said" Clayton Meyring had been there the day of the meeting to take a look at the .site of the photo- graphs. Chairman Lavagnino said h~ would like COpiE of the pictures to remain a part of the record. At this point, the tape went blank. Discuesed was Moses past building venture$, such as when he built on without having been issued a building permit. Alhtough several members of the Board could see whel there was hardship.and practical difficulty, they did not think the app.lication should be granted. Moses decided to withdraw his ~pplication and there was discussion as to whether this was allowed. Ron . Stock ,said it was allowable,' but Moses changed Ilis mind. Francis Whitaker made a motion to deny Moses his application; Charles Patterson seconded th~ motion. All in favor; application denied. · NE\.J BUSINE~S I Case No., Sf-II T}le Forge artnersllip 300 r:. llynl 11 I ~'I Francis Whitaker excused himself because of a con- flict of interest. The man who preseIlted the case went tllr'OUe11 (l Sfl()r1t history of W11clt they have donp to get their"' apI)li(~ation. lIe .said tllCY went tllrOtl;J.~ (f' n:-- "f~1\""'r'TI ;r ~;mll' ~~1I (t'nT,,"'" ,1; u.~.4 1.1 l.A. l.l ~.j., Lt. .elL ._..1 1\1. \. 4 'h~, .,.~~....... .,;~;, ... "'__ May 12, 1980 TO WHOM IT MAY CONCERN: OCt was not for the intention of restriction of upgrading or peconstruction of existing residences (if in fact any were lmown at the time) that the ttc tt Conservation zone was passed jin April, 1975. Signed, ill ~ane Aspen/Pitkin County Director of Planning ~ I I f I I '"' , ~ , . ~ ~ .' t f ..'~ ~ f., ! .f . . !' ~ ~ t. , ; I t \'~ ,~ \ ~ \~ ~".. \ "' f '\ \. ' . J I . ~',~ I < ~J.~ '.. '. .:l:.:; i. ..w:.." .. ,~ '",,'fT~' :r:'t :' \ " , ' Gi\I\RD'S GRAPIIICS Box 2388 Aspen, Colo. 81611 r~~~~~~~ ',1 ~u.?~<-~k~ 0+ +t~Ll~ (J J' ~ ! . 1 ~~~_ C \Q1o - \~71) ~~ka~' , .:1 \ ^ 0 ~ . I ~. L ( <- ( r - , . __ it, VJ~'^- ~ V\ca)Ot ~~, j ~<2-~eL~ ~ clt~~~+ ~ Q~ . " ! ~:. . I . ;-~-.. ~r'~" 'r~.....'- '-~~r . .-.~, - ..-r:':-----"--m"'" :, ::1 :l ~l; ).' . li ~ f! . t.; t: -\~ f ,~,~ ~ ~ < . " ~'~r." ~~~-f;:~-' -',.' . ",I"" l.'I:n To Whom It May Concern: ~o19[kZO[R) (1?5@ll:,ilG\j19W 506 east main street aspen I colorado 81611 May 10, 1980 From Assessment information in the Pitkin County Assessors office and from my own personal knowledge as Deputy County Assessor, I will state that there were two separate residences on what is now known as the Gaard Moses property, situate on a portion of the Little Nell Mining Claim, U.S.M.S. # 1830, R.F. Mining District also known as 800 Aspen Alps Drive, since the January 1, 1975 assessment. Those structures which were in place at that time, even though one has been added to, are both ~n place at this date. '~ ~ ~/pect~ullY submittE}d ?;~ ~~ W rre~/J. Conner Deputy County Assessor Court House Aspen, Colorado l i .., , ! i . . ro I ~ f .. .. , ~ ......: I . i. ' Lt ~ .. i , . . I ; ,:J 'J .~ ,t .i ~~ j , ] -- """ ~. \0 t. " . ~ I . ,~,I I "J . ,: ..s.-L.-_........ _ it.. .'\,.. I L ,.. 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Th(~~:;e unless the Cit:y' s Code is rriore restrictive; in most cases the City's Code is not more restrictive. Stock told Council the County has hired a =onsultant to help them write a mobile home code, which was also submitted to Council. Stock reque~ted authority to prepare a dOCllment modeled on the County proposal to be brough. back for co~sideration. Mayor Edel said he found the County ordinance terribly restrictive Jolene Vrcllota, planning office, told Council there are three sets of regulations for park OWTlers. The first set of standards is to be met in the first year,"and these are the least rest.rictive. 'rhe second set is to be met \vithin 5 years to bring them slightly above minimum health and safety standards, and does include some aesthetic standards. The third set of standards, which includes the dellsity of 4 units per acra, is strictly for expansion and new mobile home parks. Councilman Isaac moved to have Stock draft an ordinance and come back to touncil with it; seconded by Councilman Parry. All in favor, motion carried. GAARD HOSES SETTLE~1ENT C7Ciard Hoses settlc~nt Stock explained the situation in his memorandum. The house is just east of the Aspen Alps. The property currently has two single family dwellings and a pump house, it is in the conservation district. The property is one acre in size, and under zoning it would allow for one single family house. This property is considered ~o be a non-conforming use, and consider the two units to be legal. He could not currently build them now. Stock told Council Moses began construction of an addition in 1977, which is a garage in lower level, and second level an art studio. Moses did this without getting a building perlnit and without obtaining 8040 greenlinereview. The building inspector put a stop work order on the property; Moses has been working with the City on how to solve this problem. Stock said he would recommend the ripping down of the structure, if he had gone to Court. The negotiated settlement is to obtain 8040 greenline review; which Moses has Obtained from P & z~ Secondly, to obtain building permits at double rates. Third, the City's Code would not allow a home occupation to have a total area greater than 1/2 of the first floor area of the principle dwelling. . Stock told Council the area for the home occupation is too great by almost 1/3. Stock has asked that Moses be required to rip out that 1/3. Moses presented an alternative to P & Z of changing that area into employee housj.ng. Stock objected because if you have the right to 1 unit and go to 3, it would require rezoning. Stock said another alternative would be a cas!) payment of some type. Stock stated he would rather have some portion of the structure remo,,:"cd to meet with Code requirements. Moses outlined the three points: (1) removal; (2) retain approximately 400 feet, which would be ripped out, and put employee housing into it, and (3) because the house has been expanded at le~st twice before 1973, in'the interest of simplification, let the lower level of the new structure become part of the house and contribute to FAR of the house. It would be larger than twice the area or the art studio then. Stock said what he felt was important in his solution is not so Inuch whether he rips dOvln the structure, but to create a~ indication to the public that they cannot avoid the City's rules and regulations, that they will be enforced. The City has got to become more restrictive in their enforcenlent. Stock said he was totally against trying to obtain rezoning to allow a density of three u~its. Councilman Parry said he felt it would be better to inciease the projecti.on room and let the other part remain the way it is. Councilman Parry said he could not see tearing down the structure. Councilwoman Michael stated this is a case of how important the Council feels their rules are. There was a reason to set 8040 greenline against the .ffiountai.n, and to have reviews for building. Courlcilman Isaac agreed heeid not feel Moses' house was an appropriate place to put employee housing. Councilman Isaac said he felt Moses should pay double building permit fees and make the correct.ions in the projection room so that the FAR complies with home occupation. Councilman Collins stated he would be inclined to follow the re~ommendations of the City Attorney. r.1ayor Edel said he couldn't see the house being ripped down; it is nicely done. Mayor Edel said he would like to get Moses go after rezoning. Mayor Edel said although he would not like to have Moses rip down 1/3 of his house there are laws and statutes. Stock suggested the alternative of Moses accepting crinlinal charges and allowing the Court to impose the penalty. Councilwoman Michael said the Council is abrogating theirresponsibilj by sending Moses to Court. Councilman Parry noted this has gone on for two years. He would like Moses to be right as far as the building permit. Councilman Parry moved to let the lower level become part of the house so that the FAR is right I . and ~10ses pay double building permits; seconded by Council:man Isaac. Councilmerllber~ Parry, Isaac, and Mayor Edelin favor; Councilmembers Michael and Collins opposed. Motion carried. ORDINANCE #41, SERIES OF 1979 - Cable Television Theft Ord. 41, 1979 Cable TV theft Stock told Council there is a provision in the Code currently that says it is iilegal to steal cable television, and the City has been a~ked on numerous occasions to enforce that ordinance. The City has no way to enforce the ordinance. The ordinance has been redrafted making it clear this is a theft. If a person has illegal cable, Canyon Cable will photo it, disconnect it and leave a note telling the people they are not paying for cable. They will reinspect in two weeks; if it has been reconnected, Canyon Cable can come in and sign a complaint and take the people to Court. Councilman Is~ac asked why the City should get involved. Stock told Council this is not an unusual request from cable corrtpanies.. Councilwoman Michael moved to read Ordinance #41, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. NOTICE OF PUBLIC HEARING Case No. 80-6 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PR FERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant 0 the Official Code of Aspen of June 25, 1962, as amended,. a public he ring 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 napplication 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... yott'views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surro nding property owners and others affected in deciding whether to .. ,grant or deny the request for .variance. The part.culars of the hearing and of the requested variance are as follows: Date and Time of Meetin : 'Date: Time: May 8, 1980 4 PM City Council Chambers Name and address of A licant for Variance: Name: Gaard Moses Address: Box 21, Aspen, CO 81611 Location or descri Location 800 Aspen Alps Drive Descripton: MS 3881 -Variance Re uested: Application lS made for a building permit to build an addition to an existing one family dwelling. The proposed addition will have a f ont yard setback less than the 100 foot re~uired setback and will have a side yard less than the 30 foot required se.tback. Sec. 24-3.4"C" Conservation Zoning District. Duration of~i~nce: (Please cross out one) T orary Permanent x .,>"'i'll"" THE CITi OF ASPEN BOARD OF ADJUSTMENT Will ~ot be represented by counsel. BY Remo Lavagnino, Chaivman b~Susari'Johnson,Deputy City Clerk --- --.---..- .-.:~ - l' '-- - n..eco l' ( · ed ~ l....... .".,...~... - ....."........... (). clock.......... ....1~{" ......... ... ...................... ...... .................. .................? ...... ... - /T""I., .K f :'. ~p tOIl. N (J~...,.... .................................. ............_....,_......................._...................................... ......_.R~.i er. ........------- '....-.-......---.. --..-----"-.-.", , -. ~._. ,..--~ --.-----.------- ,......-.- .-.-----------..--- .--.........---------- ~~._,. "'.........._.._ _....._._.._._ ... ~......_._ _'.'W _.<...___..~_..'--_._---___ TillS INDENTu E, !<,{ade this 6th June . 19 74 ,between dn)" of GAARD HOPKINS MOSES whosc address is Post Office Box 2388, Aspen, Colorado part y of th first part, and the Public Trustee of County of Pitkin In the State of Colorado, party of the 8econd part. Witnesseth: THAT, WHER S, The said GAARD HOPKINS MOSES ha S executed his promissory note liearing even" date herewith, for the principal sum of Fifteen Thousnd -- --- -- --- --- --- -- - -- -- --- - -- ----- - -- -- - -- --- --- -- --Dollars, payable to the order of JAMES C. BLANNING I JR. . whose address is Post Office Box 33, Aspen, Colorado 81611 after the date hereof, \V14b-i+1~t;.~~ft-from-the-date--th~ef Bt-tlnrra~--- -------~-eent~amttmt,..."ayablc in accordal1ce with that Agreement of even date h rewith by and between GAARD HOPKINS MOSES and JAMES C. BIANNING, JR .., AN,D WHERE S, The .said part y of the first part is desirous of securing payment of the principal and inter at of said promissory note in whose hands soever the said note or any of them may be. NOW, THERE o IlE, '1'he said part.y of the tirst part, in ~onsidera'tion of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto the said party of the second p81t in trust forever, the followrng described property, situate in the County of Pitkin , State of Colorado, to wit: A tract of land situated in Sec. 18 TIDS R84W 6PM being described as follows: BEGINNING at a ooint on line 4-5 Mineral Survey No. 3881 AM "Little Nell" o . .. beingS43 28' 4"W 70.00 ft. from corner No.4 ivlineral Survey No. 3881 AM . . . 0 "Little Nell" (. No.5 re-rod in place); THENCE 843 28'44\V 136.76 ft. along line 4-5 Miner 1 Survey No. 3881 AM "Little Nellll to corrier No.5 Mineral Survey I No. 3881 AM; THENCE S4So36'W 197 . 73 ft. along line 5-1 Mineral Survey No. Ii "3881 AM to the comgromise line with the "Millionaire" (Mineral Survey No. 3620 I .AM); TRENe 814 30'W 397.85 ft. along the compromise line to a point of intersection VI th line 1-2 Mineral Survey No QI 3881 A1\,1 & line 4-1 Mineral Survey I No. 1830 "C11ance"; THENCE N4So00 J E 672.80 ft. along Ilne 1-4 Mineral . Survey No. 18 0 !'Chance"; THENCE N430461\^1 203.47 ft. to the point of ,beginning,con aining 2.324 acres more or less. , I TO BA VB AND T BOLD the same. together with all. and singular the prvileges and appurtenances thereunto belonglne: In Trust Nevertheless, Tha~ in c ol delault in the pnym~nt of said note or any of them, or an.,. part thereof. or in the payment of the interest thereon. aeeordlng to tb tenor and effect of 8ald note O!" any ot them, or in the payment of any prior encumbrances, prfn~ipl\l or interest, If AllY, or in se default shall he made in or in ease ot violation or breach of any of the tern18, eonditions, covenants or agreement.3 herein coutsined. the be efieia.ry hereunder or the legal holder ot the indebt.edness secured hereby nmy declare a volation of any of the covenanta herein contained nnd el.ct to advcrtiae said property for sale and demand auch Bale. thrn. upon filing notice of such election and demand for .ale WiUl the s3hl part of the second part. who shall upon receipt or such notice of el~tion Dnd demalld for Bale cause a copy of the same to be 2"eeOrded in the reeo der'a office of the county in which said real estate is situated, it shall and may be lawful for saId party of the second part to sell and dispose of the same (en m.a.ase or in separate parcels, aa the said Public Tru8t~e may think best). and all the ri~ht, title and in- terest of said part Y of the. first part. heirs or ..,siens th~rein. a.t public auction at the front door of the Court HOOle, In the Co'nty of Pitkin , State of Colorado, or on said premises, or any part theroof as may 00 speelfied In the notice of aaid sale. for the hischest and best price the same will brin.r in ca8h~ four weeks' public notice having been previously given of the time and place of 8u~h sale. by advertisement. weekly, in some new3paper of a-enel"f\l circlllation at that time published in saId county of I Pi tk in. a copy of which notice shall be mailed wi thin ten day.. from the date of the tint publication thereof to the I i I I I ~~id ;m.rlV of the finJt part at the addre~s hereln g-ivcDllnJ :0 such penon or 1'e1.'"30D!Ii appearing to hRveacQuired a subsequent record interest. in ",aid rea:.eg te ut the address gl\'en in t.ll~recc\'ded hititrlltn~nt; wh('re only thE' county and dtatela given &s the address then 8uch botJee ShAn b('t :nnHc-d the county scst, nnd to makll! and a-ivC! to the ;"UI'(,,;}w3~r or ;)t~rchJl8enJ of such property at such ftale, B certificate or .certificatJ.;"1! in writi:lg h!scribing tmch property pur(:hused. nnd the 8um or sums pnid therefor. and the time when the purchaser or purchaser9 (or OthCl" P(~i"g:lq l'ntit!c.J thereto) ahaH be entitled to a deed or d~eds therefor. unle~Js the Bame shall be redeemed as is provided. by la\,,: and said PuhUc Tru~t...~ sh:.. l~ upon Jemanu b)' the tle1':l~n or i)ersons holdin~ th~ Baid c.crti!ic:\t-p- or cf'M.ifir..ates of purch~3e. wh{'n 8nid uf::rnnnd fa made. 0:" UPOll clem" ud '.'1 Ule i>~,r':.!on eutitle.d to 3. d(~d to and (or tht~ IHOr,t'rt ~r \Jurd'il:,;d, at t~'1e time such l~emand iu maclc. the time !,.)r I'c4 d~mption having e::q)i~ , maki! and execute l1J such j)cr-son Cf:" pl.?rECIlS a d;~l or d~\i3 to the Baid prQperty purchased, ';;vhich pid deed or deeds uhn.11 be In the ordin:uy!orm 01 a eonve}"anCt~. and 8hall be BignNl, ~cknowff~.ir:ed an;l delivered by the .said Publi~ Tr'Ul~tcet M g-rnntor. and shall eouTe7 ..nd Quit-daim such penon 'Or penon. entitled to such dL"ed. .s grantee, thea..id property purchued u _.foreaafd and aU the ri.sht, title. fn~restr b{~nera a d equity or redempt ion of thf' part Y 'Of the fJr~t part, hi S ilein ^nd aBsign4J therein, end .hall r~::c th.! ~u.n or un14 for which th~ :mh1 J,lr(}t:'crly was sold nnJ dhall r('f~r to tht! }.:lo'Wer of sale therein c.cnt.aincd. nnd to the 3u.!e 01' 8ah~ In,,de by ..ictu~ thc'n:-ot I.\nd 1n C,Me of C'.D &.l):Jhrnment of such certifica'~ or ~ri1!icflte8. of purch9.8e, or in CM8 of the redemption ot luch property. by & ~ub8Cq ent enrumbrancer. such aash;cnment or redemption shaH ahw be rer.~rrc..'d to in asuch df~d or deeds: but the nctlce of sale need not be set. ou in auch dt-cl or deeds ~nd the said rublle TrJstee !haJlf out ot UI" proceeda or aV8 ill 9t such !ale, after tint p'lyln~ Nul ,,,tl\j h! nli' a; 1 !....... :hlt'lec. An.l ~Jll to cf maid lll: os If:! eale. l'1l:i to th~ b'1neliolsry i: ~r<l1ln.Jer or the l~t.l ~oldeC0~Nif0\6 TREASU ~E: prlnelpd And Int.-rut .ue on "Aid n"~ ucordinlr to the ~"t' end effect thuwf. and all Moneya adva 'lcb A etiel.'l2_1....~. l~.~~. bold", ot .~Id notJ! for ~n.U1"l.n~. taxes and r..1!t"Stmenu, wU..~ bl~r'cat th~reon at p ,,~f! e ~~.':"vlu:. t! ~;l, utotv ~' ;.. .:..rJ j:'&.i.~ ~l of th~ flJ~~ parl.. li:*,': l'.I>l,,~(uu..t'itil Oi. .,:s.~I(,u. ~ U~1f.~Oi ano c",i.i qeed clecdJl ~ nud,:, el,l;ill ~ PfD"P'lJhlAl ~4.t.. boUt :n Is.". and eQult.y, .."nlnat the 8.,fJ v-,.tt Y of the th-.t part. ; JlVSR 16 198(J.el I;U.' ..',.dans. tnd .liot :t\%" l/t':t"th.,nil d.irnln<< th~ 1"ld flrt">Pt;l't,. 01'" toy p1:-t \.her1~ot. b)'. (rom. f:hrourch Cor unde . Y.. . of tht: fir.. Part. or. an)' e,f tbem. " 1ft hn!dct' {))' ~ol,l~"" ot. il!.3hf nnta 01' U{;~.~'.. n1!'t,y.;t'ul'~.hntJ8 Io;n.f,! l.,r~_~l',~l.ty Qr nn}' I'(l.rt t.ht:.r.r-o!; ~nlt It".,~~r,!lot"'~g, UP016 U\G purdluer or \.O\'~.>h!.r.erli at .!'.l}' .uen aalfJ w .ee to t!\~ apl>,;r..aUOL\ of the r-tn'Chr~e mont.-Y. 11 a l't"h\~.:lf3 u.'I.'e<f 6ill~rQOlJtNiJ~JJ:;:'6t'<l th.t tbe thorl Y Uto fh,:;,:t l'ut., 111s },eh'\~ or ~sftfl{Os. ~Ulpay ti16 eY":Je'D~ th;!rot~i. e.oL~AOO8161l .....~..............~.,...___.__,_,.. ,,_._.___ ____.'."_T~.......~___..._...u~_.-......~.,....__."'c...,.,_,.".___,:.""..._......._ _.~j....,_..__...............,....,_........--..-...'~_.... ......,.~~...~--~~_............'............~ -...-..---.......... _..........__~_,_............. _....._ _....,..n.-u,~......--W"~~~...__~____--.___.........-....--.....---..-_,,_......--...._......--.~........~IlV~~~..,........~~,...........~~ No.. 311-)\. nl,:11;;;'J ".... 'rr..un )~-,.put:,l'c 1~r~~~Ci.}---Ihc'<Jhrr.fJ Cb\\'/H~--' "HUUUlt!!! ,F",,,,!~,, ---0 r1",'.i( ~)'~~ r r; Ld hJ' i ~J i~ ":;o..~ ~:~:! ~w ~ ~t tH;;u t fit; i oi"t.:''C., n~!i\~'r I CdhullJil . 6.. 78 E)CT.T "i. 1 ~ f'f C: '--j ',- . ,,; I ; . / - , " . -- . ~ . J...t! t.lIt ..M pan Y (If t~a tInt IIS\rt. tor hi ms elf ..n~ tor Ilis heirs, executan and admlnlatrato.... . MV","" t S and "/IT'" S . t 1 with thl! Mid I.arty or the ee;,n~d p~rt, !.hat at tho ('--'Of tho mae.Una of aDd deUyer)' of th_ p......." he is ",an adze<! of the aald lan,1 alld ten.,m."t. 'n f.... .Impl.., and ba ""'!!I' ..oed rIlrht, full JlOwer and lawful authori 7 to grua:.t. bargaIn. .ell and convey the came in dl,;i' manl'n:l" aUld torn M arf)~t:'tiald; hereby tull,. and absolutel, walvinlr and relculna all rllr} ta and elalm. he mil' Mve In or to ~:!lM lands. hmfl'lV,w,t.3, and properly as a lIome6teadEx~mptlon, or other exempt.ioD, under nd by virtue uf any act of the Genel'lLl Ahem~lly ot fh~~ 8t.Mu, of CvloTJ\\io. no,... e.xlaUD8' or which maF hereafter be p....ed In relaUola thereto aDd that the aan.e a.re free and clear. uf all H",~ns B,nd cll.;\..unbraJ~ce-. '.-\'H,~v..:r. ',' ....\ \ r " "1,., 1 ",,' ,~' \ Ii abev, ba.!"l:'alned pr'IIperb',"I'a the quiet.' .Ji~ "rea_ble ~_.lor. of. tb~ 8ll.ld . p.rb' '01 the eeeond part, bla aucceeaOft and ualE'U; aplna .n aDd eveJ7 penon" or ~l'8Ona lawluny elaUnln~ or to claim the "whole oX- any part then;of, the Aid part y, of the firat, part .ball an~ w II Warrant and }4~orcve!' Delend. _ .:,' . " \. . A d that durinK thi! eonUnuance of' .ald Indebtedn~. 'cr a,1'17part thereof. the said purl V of the flnt part win In due aeuoll par all tax and assessments levied on said property: all amounts due on account of principal ant interest on prior eneumbnlncea,. if any; and will keep all .buildinga that may at any. time be on said lan~, insu!"t.--d again~t 10s8 by fire with fl!xtended' covenge endonementa in such company or campa ie.s, as the holder of said note., may, from. time to time dm.~t, for such sum or lums as luch company or companies will Insure for, ~ot to exceed the amount of said Indebtedness, except P.t the option of said. partY ot the first part, wIth lOSll, If any, payable to the bene- ficia hereunder,. a.. hi S interest may appear, and wUl deliver the policy or policies of insurance to the beneficiary hereunder, aa security for the indebtedness aforesaid. And In case of ' the failure of said part Y of the fint part to thua Insure and deliver the of insurance, or to pay such taxa or assessments or &mounta due or to ut."Come due on any prior encumbrances, if any. then the holder . . , or an, of them, ma, prccure such insurance; or PRY such taxes or. assessments or amount due upon prior encumbrances, If any, a d all moneys thus paid, with interest thereon at _ no ,pa- centum per annum, shall become 10 mueh additional indebtedneu, secur by this Deed of Trust, and shall be ps.id out of the proceeds of the aale ot the property afONSaid. If not otherwise paid by laid part of Ole first part and may lor such failure declare a violation of thiB ~ovenunt and agreement. . . _.A DTBAT IN CASE OF ANY DEFAULT. Whereby the right of ,foreclosure o'ccura hereunder, the aame party of the second part or tb~ Ii Ider of said note or certificate of purchase. shali at once beeome entitled to the possession, use and enioyment of the property afore.. aaid, nd to the renta, Issues and profits thereof, from the accruing uf such right and during the pendency of foreclosure proceedir.ga and the period Ill. redemption, if any there be; and ~uch po&session shall at once b~ delivered to ~he said party of the second part or the holder ~f aaid """f note or . eertifi c ate of purchase on request, and on refusal, the delivery ot such possession may be enforeed by the said party of the second or certificate of. purchase by any appropriate civil suit or proceeding, a nd the said party of the second part, or the hIder of said note or certificate of purchase, or nny thereof, shall be entitled to a Reuiver for said property, and of the renta, Issues and 'profits thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption, if any. there be, 8 d sball be entitled thereto as a matter :f right without regard to the solvency or insolvency of the part y of the first part or of the then ovmerof said property and without regard to the. value thereof, anJ such Receiver may be appointed l,y any court of eomp teftt jurisdiction upon ~-,;: parte application and without notice-notice being hereby expressly waived-and aU rents. baues and proflt.q, Ineo e and revenue therefrom shall be applied by such Receiver to the payment of the indebtedr.ess hereby secured, accordin~ to law 'and tho orde and directions of the court. NU, That in case of default in any of said payments of principal or interest. according to the tenor and eflect of said promissory nota , afore aid. or any of them, or any part thereof, or of a breach or violation of any ot the covenants or azreem~nts herein, by the part y of t e first part, executors, administraton or assirrns, then anJ in that case' the whole of Baid principal Bum hereby aecur ,and the interest thereon to the time of Bale. may at once, at the option of the lego.l holder thereof. become due and pa)':lble. and the laid roperty be sold in the me-nner and with the lame effect as if laid indebtedness had matured. and that if foreclosure be made by the Public . Tru,t '. an attorney', t~ or the eum of dollars for services in the supervision ot said foreet ure proceedings shall be allowp.d by the Publie TrUBtee 88 a pari ot the cost of foreclosure. and if foreclosure be made throu.:h the courla a ~ anable attorne>.'a te-e shall be ~xed by the court as a part of the costs of such foreclosure proeeedinzs. I WITNESS WHEREOF, 'The said part Y the.d y and year first abuve written. . of the fint part ha S hereunto aet hi s . hand :ad ~!I,l , .'-., ~~ f\l~{~1r(LJ~'~ ?G~~~Kl1\TP1MC5S"Et~~--'--[SEAL] ~~___________________________________________-_--~_-_ [SEAL] '______~~-----~---~~----------------------------------______[8~L] '..;' . '!,. J ..... \, ~ . . .J. , .~ ...,' ...). "-,.':~'. . ~~. ... .~~.: ..' , ,'. ,. ";. -.' . . 6th The .loretrOj~~trument WlUI' aekDo",ledeed befO] 4me tbla________________________ . da7 01--_-------------------------------... 19___. b,.___~-~~ __..tt\..~---..:--- ------------------------------------------------------------ ~ __~~r__f_e_l__l~~~________________-_~__ -..-...~ ...-.. ----.._-~-..........~ -- .......-..~. " ,: : 'ITA ~ OF COLORADO,. ',. ~ ': ':f~, ..1....; ____ ___________ Countr of __~!~~~____r_. Nota17 Public. . \. .I , ...,. I".'.. ' ' ., ~: J . 1 .~~:.. ~. . 4' '.' ..' \' I' , } .,j "d 1 ~'. . i . rn G) ..... . ! :;:2 ~ ~ ill i .... "tS i ' '2 ie t (1) . i ! . -,' i ~ as .... I I ~ ttj I ~ i~ If ~ ~ J;:: ! ~ ~ "" i I E-c E-t s:: u .. ~ I .i 4J <:) i I t . en en E u ~ J .. i . 0 cd 0 ~ I ~ t:J t&. ~ -I z v i x , 0 ~ tIC 6 I I III : ~ 1 ~ I 1 ~ OS Q i I . , ~ I ~ fI1 a) P. ~ i ~ E-c .s ,I o. I c.) i (jj 0 M ..... \J ~ ~ p I ~ <<H en Pc e t If!'1 ..i : ~ 0 0 U 0 0 ~ cV Z. ~ () i I 0 ~ r~ ~ r~ r'" t' (1) i , ~ .".' CA) I ~ ~ i ~ I ~ II ~ i , i pc.. r:: ~ Co) .... ~ ~ CH ! I: . ~ 0 ~ ~ I ::) 0 ...., 'H .. . ! :.c: l 0 II ~ ~ :>. .,). Q ~ 0 '+-4 h ...J I' 0 ~~ ! ' Cl4 ~ i 13 m- Il e 1 -< 0 Go' n Z ~ ~~ ~ t:) c.' l C> ~ i 0 .f1 ..0 ~ I! r:: II ~ I U) .. i ~ po ~ .0 ...... : i I ~, i '7J 0 ra 0 I ; ""' ~ (l.i t-y II P Q,l "" H It I 1\ ,.r;: ~ ~ -~ I! 0 h i' . ~ J. :) i I : i 0 CJ ,:; ,I ~-1 j..,. l' I ~ ,. o ,-' c welton anderson & associates a chitects / planners b x 9946 / aspen, colorado 81611 / (303) 925 - 4576 BOARD OF ADJUSTMENT, CITY OF ASPEN GAARD MOSES APPLICATION FOR VARIANCE FROM SETBACK REQUIREMENTS 12 April, 1980 ar Board Members: is application is for a variance from the strict interpreta- tion of the setback requirements in the Conservation Zone as dictated in Section 24-3.4. When Gaard Moses bought the subject one acre of land and improvements (some of which were originally ining structures) in 1974, it was conforming and zoned R-15. hat area of East Aspen r~ountain above the Gant tennis courts as subsequently rezoned Conservation (10 acres minimum lot ize, 100 foot front setback, etc.) without a genuine effort y the City to notify Gaard of the rezoning or its implications. n fact, it is the only house in Aspen in the Conservation Zone. ecause of the size and shape of the lot, and its natural topo- raphy, the requirements of the "c" zone effectively eliminate he possibility of any structure on said property. These ircumstances, most certainly, are valid reasons for granting a ariance, as defined in Section 2-22 (d) (1) through (4). s mentioned earlier, parts of the site improvements date back o Aspen's earliest mining days. However, in 1955, the then wner, Chuck Bolte, elaborated on the original structure to reate a truly bizarre two-bedroom house, which is all at once nsafe, not waterproof, structurally unsound, dangerous in too any respects, and so far from conforming with any zoning or ui1ding codes that this architect has bashed his head against he ceiling several times and hesitates to even enter the house. ep1ans prepared and submitted to the building department for he repairs and new construction show a reduction to a one bed- .oom house, which is slightly larger, but in all respects in onformance with all current local and national building codes; nd retains as much of the original 1880's construction as is ossib1e. Presently, it is one of all too many non-conforming ubstandard dangerous "slum" structures in Aspen, which we hope , -,,~ Bard of Adjustment, City of Aspen 1 April, 1980 P ge Two t make habitable with your help. Gaard will be happy to pro- v de any assistance and additional information to any Board m mbers wishing to make a sight inspection of the subject p operty. Please call 925-9222 to make arrangements. I I Wi appreciate your consideration of this application for a v riance from setback requirements and a variance from "non- c nforming status." Because of its unique situation in this ztne (primarily Ski Corporation and mining land), and the dsire to upgrade an individual's own home, we feel your con- s deration can only be helpful. I i Stncerely, VI '. .....1 4 · i{) Rltm atW/Jj~ tfrv Je Ct Welton Anderson, Archltect Rfpresenting Gaard Moses C~A: flc I i E$closures r / APPEAL- TO BOARD OF zor~ I NG ADJUSTI"It:fJT CI TV OF ,'SPEf.J DATE /~.AjY 80 APPELLANT G IfIJtU7 J1;tI~~ . CWNER ..~.~:s. CASE NO. <t)n - ~ AODRESS. ~~ ~ PHONE q u5"- tf~~~ AD DR E S S ~ ~.. A.~ e..&1\iw g.l<t 11 . LOCATION OF PROPERTY ~ee- ~1ftr6L- @1I~A}(t; ...Ti;r!>>e1~ NU~ Of~~~iSiOn Blk. & Lot No. ) Building Permit Application and prints or any other pertinent · data m u s t ace 0 m pan y t his a p p 1 i cat ;0 n , and wi 11 . be made' p ar "t 0 f CASE NO. -SSO - ~ THE BOARD WILL RETURN THIS APP(ICATION"IF IT DOES NOT CONT~IN All THE FACTS IN QUESTION. DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIOtlS: . ?~e J~ . Will you be represented by counsel ? Yes No K SIG~~~~~~~ Appe11an " PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: Application is made for a building permit to build an addition to an existing one family dwelling. The proposed addition will have a front yard s~t back less than the 100 foot required setback and will have a side yard less than the 30 foot required setback. Sec. . 24-3.4 "c" Conservation Zoning District. COUNTY TREASURER D" ;o~~R~ ~pJ~~~ PI~IJ COUNTY ~~N, COLORADO 81611' DECISION DATE .. DATE IF HEARING. SECRETARY ~..:i- -. - - Status ,~f~.St~1.:..~'l.I;:...~~~5~_i'.~~~L.__. _p, __J~>~ n -E1 c:. J?:!1i~~~~~ d ~~ n :i~~(l~~c::~m i s S i.:..o..n _-,,'--.-,----~- ..,_....__"'.M.'''...-'.~".'''---._._._.__........_----,._......_~_........-..._..~__._"_w..._...<__....___,._-... --'''.....---.-.....- ._-- _..,.._.._......."....~''''-_..~..,..,,~._........._-~..................~._-"...._..._"'...,,--_._..._---..__...._.~-_..__..-_,...--------~- ......... ....... BHADFOl'H) PtH~L~~H~','H; CO. I tH':N\I'fH It(tCOtll) F PR()CEi:DI~tGS J'tlnC _~5, l_~?J 9 _ 'J.'he Aspen Plannin~J and Zoning Commission held a regular meeting on JuneS, 1979, at SLOG PM in the city Council Chambers. Members present were Charles Collins, Olaf Hedstrom, ~'lelt.on Anderson and Nancy HcDonnell. Also present. were l<:aren Smi th Jim Reents and Richard Gri~e of the Planning Office. D i t t~r121:r" S11bclivisi()rl E;:eml?tion Grice introduced the application. The applicatioIl requests subdivisiol1 exemption for tIle condorniniunlization of all existing duplex owned by Billy Dittmar which is located in the Pitkib Mesa Subdivision. Dave Ellis noted a problem .with the legal description. Ron Stock recommended approval provided that the property is deed restricted to grant the existing tenants the right to notice if the unit is offered for sale and granting to the tenants a 90 day option to purchase as well as a 90 day exclusive right of first :refus ell. }'ur...t.herntore f lle reC()TI1Hlended t11a t tl1e property be deed restricted to a six month minimum leas~ term with no mo!-"e than tvlO shorter terlarlcies in any cal.endal. year. The Planning Office recommends approval subject 'to these COI1Clj_ t.ic'ns . 11eclstr:OIn lnovecl .to recornrnend exemptiorl froIn the application of the subdivision regulations for the Dittmar duplex l<.:>ca.ted. irl B10ck 1 of the Pitkin MeSct Sul)di~Jision inasmucl1 as the intents and purposes of the regulations have been . sat,isfied and 'tll(~ rental . unit flas 11C)t fal.le11 vlithin the L~, Moderate and Middle Income Guidelines and subject to the following conditions: 1) the existj_ng tenant be grantee the right to notice if the unit is offered for sale and gran.ting to the tenants a 90 day option to purchase as well as a 90 day exclusive right of first refusal, 2) the p:coperty be deed restric.ted to a six mont.h .minimum lease term with no more than tw6 shorter tenancies in any calendar year, Anderson seconded. All in favor, motion appl~oved. .Jeronle })rofE:;ssiol1.cll B'liildi.rig f Speci.a.l l{evie\~l Reents introduced the application. This application is a speci.al revim'l for parking reduction in the "0" office zone The proposed structure totals 9100 square feet on a12#00Q square foot lot at Bleeker and Mill. The current Code requires three parking spaces per 1000 square feet of C0111nlercial area vIi th a reduction. by special. review tel a minimum of 1. 5 spaces per 1000 square feet. The applicant is requesting a reduction in parking to 15 spaces which is one space over the 1.5 to 1000 ratio. The Planning Office ~-ecoEunends apprcj\Tcl1. Jeffrey Sachs .noted that if this is denied they will have t use the alley which he did not feel was the City's first clloi.ce. A man from the audience who owns the property next. door noted that the parking in the neighborhood is very bad~ He said he often gets parked into his driveway although he has agreements with the dairyman. S~chs noted that this will add 15 spaces for th.e employees and the customers can park at the Rio Grande. The Board disc~ussed their concer."!1S with th.c parki-Ilgand circulation problems in that area and the possible increasE inlpc1.cts of tJ1E.~ 'I1ruen12tJ1 Ce11ter and.i ts new uses. Anderson moved to approve the special review .for reductio~ in parking from 27 spaces required to 15 spaces required because of the physical restraints of the site, the locati< and proximity to parking~ McDonnell seconded. All in favol nlotion appr(J'led. 11 (~: V' i e \;~"1 Reents introduced the application. He noted that the bui 1.l'1ing i~3 alrE~ad~i in (~xistenc(: withollt revie"'l apIJroval. '1'111(: (:.i .ty A t:t.Or.~ll(;)yha.s r)roIJos~~(] t!1cl t Gailr."d i!foses rClnO\Te Ga~1rd ~los(~s, 8040 Gr.'"eerlline -'. 2 -- Req'ular - Heet:l"Il(J Aspen P latln J. r~~j ;:lnd-zor-1Tr1g --conuni's iilon- ___~_-._--.._-~-------...l:.-,~----,.-.-.-.,.;...-...-,.---...~-.-.__._.~----_.. ~-,---,~_._- - J \J J 1 (~ '5-;-i9"19-- approcimately ~ of U12 second floor as a punitive action (l'u€~ to the fact t.Ile l)u,.L 1<1il1g \vas })uilt \vi t:l101Jt pr'oper ap- provals. Tom Dunlop has requested no final approval Ullt~il l'le Cc111 c;~'{anline tl1e pex'I11i t[11'1d dcsiS111 for tJ1e onsi te waste disposal system. The removal of the portion of the stl~tlctu.re \v()uld. (~lirnirlat.(~ t.he area of the building whictl can curl:-en tly tH:._~ seE~n frC)In t.own. T11e P laxll1ing Of fiee l:eCOl11ffiellds EiI)pl.~oval bz..1S(-~(1 ()n ins[Jection arld the existing project being brought up to City Code for both building and sanitation and what removals required by the City Attorney take place in a timely fashion. Moses was present and submitted pictures of the dwelling and the surrounding property. He said the addition was 90% completed. Reents read the nine criteria for 8040 Greenline Review. Hedstrom moved to approve the entire structure conditioned on sanitation approval by the City Sanitarian that the project be brought up to the City Building Code and that an agreement reached by the applicant and the city Attorney to legalize the structure take place in a timely fashion, A11derson seconrlecl. ].'\11 in favor I motion a.ppro'vecl. L~-l Z011e . Code 1\.rnel1clmen.t Reents introdlJCed an amendInent that \vould add multifamily residences, single fEtmil:l and duplex residences to t11e permitted use section of the L-l zones The Board was concerned with the possible impacts of this amendment. They felt it \vould tal~e alot of documerlta t.iOIl to d(-;ter- mine t11e nurnber of lots that would be. affected. rr11ey did not feel there was much demand for such an amendment and noted that trle amendluent was ini tiated by one specifj c application. They did not support the amendment at this time. S/C/I Zone Redraft TIle Board set a public hea~i.ng for this i teul orl July 2, 1979, at 5:00 PM. Anderson moved to adjourn the meeting, McDonnell seconded. All in favor, motion approved. Meeting adjourned at 8 : 0 0 p r"l. _~.- .I; ,~~ .",../ 1 '---. '-- ,g n '" " ) --:::..- -;'"'..':(..1;. .I ,J ~ 's:::::: k..'i/] l' ./)/'ft.L.:ll ... Sheryl .3'- _ en, Deputy City Clerk . 1 ~ , ; NOTICE OF PUBLIC HEARING Case No. 80-6 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT 70 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 ~, Official Code of Aspen. All persons affected by t~ 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,. yotr 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. 7he particulars of the hearing and of the requested variance are as follows: Date and Time of'Meeting: 'Date: Time: M.J.Y a 7 19 e a ::::r u ,~ \ 0 , I 9 't"O 4 PM City Council Chambers Name and address of Applicant for Variance: Name: Gaard Moses Address: Box 21, Aspen, CO 81611 Location or description of 1?roperty: Location: 800 Aspen Alps Drive Description: MS 3881 'Variance Requested: Application is made for a building permit to build an addition to an existing one family dwelling. The proposed addition will have a front yard setback less than the 100 foot required setback and will heave a si~e yard less than the 30 foot required setback. Sec. 24-3. 4"C" onservatlon Zoning Distric~. Duration of~i~nce: (Please cross out. one) Temporary Permanent . x ..."", ..,... THE C!T{ OF ASPEN BOARD OF ADJUSTMENT Will ~ot be represented by counsel. BY Rerno Lavagnino, Chai~rnan b~ Susart"Johnson, Deputy City Clerk -- ----- .- ":" . ,. lH1AOFOfHJ PU!H.1SHING co.. DENVER RECORD F fl;{O~:EEI)lt~GS ....,...................~~~.,~;.~.--..."'"'-""~.........~.....____'_,.;........."...~'~.....~....~....,.......--...-...........-'"'t~.~____~.,,~~-.-.oI......... J\1.11e 5, 1979 Rr' ,.,. l-:.Y' T\1o t.. . . l' C' ..., - I) 1 .... ,. ""f -:.'.. ~ r7 ", ;" r' --.,...." . C " . ~CJ..~.....::::- .:::'::::0 e ...:~:'l:. n 9___-..,~~ '=> P~~!!_:-:..:. d II n l,.:..:...:,L.'- Hl. a _~S:-'-~..:~l!-:l~O 1 ,1m l ,-' ~J 0 n The Aspen Planning and Zoning Con~ission held a regular meeting on June 5, 1979, at 5LOO PH in the City Council Chambers. Hembers present were Charles Collins, Olaf Hedstrc~,Welton Anderson and NHTICY McDonnell. Also present were Karen Smith J'inl Reerlts cind Ri.clial.~d Grice of the }?la}1nirl~1 Offic;e ~ pittnar Subdivisio11 Exemptiorl Grice introduced the application. The application requests subdivision exemption for the condominiumization of an existing duplex owned by Billy Dittmar which is located .in the Pitkin Mesa Subdivision. Dave Ellis noted a problem with the legal descript.ion. Ron Stock recommended approval provided that the property is deed restricted to grant t.he existing tenants the right to notice if the uni t is offered for sale and granting to the tenants a 90 day option to purchase as well as a 90 day exclusive right of first refllsal.. FurtllerrHore 1 he recomnlencled that the property be deed restricted to a six month minimum lease term with no more than t.\vO srlorter tenancies in any calendar year. 'I'11e 1) la.n11irlg Office recomnlends approval sllbj ect ',to tllese COI1C1i tions . Hedstrom moved to recommend exemption from the application of the subclivision regulatiol1S for the Dittrnar duplex located in Block 1 of the Pitkin Mesa Subdivision inasmuch a,s the intents and purr)oses of the regula-tions 11ave been sati,sfied and -the rental uni t has not fallen within the Low, Moderate and Middle Income Guidelines and subject to the following conditions: 1) the existing ~enant be grante6 the right to notice if the unit is offered for sale and granting to the tenants a 90 day option to purchase as well as ci 90 day exclllsive r,ight of first refusal, 2) the property be deed restricted to a six month minimum lease t:ernl vIi th no rnore tha~n t"\vo s110rter tenancies in any calendar year, Ander~on seconded. All in favor, motion approved. Jeronle Professiol1cll Building, ,Special Rev'iew Reents introduced the application. This application is a special revievl for parking reduction in the "0" office zone, 'I'he proposed structure tot.als 9100 square feet on a 12, OOQ square foot lot at Bleeker and Mill. The current Code . requires three parking spaces per 1000 square feet of co~nercial area with a reduction by special review to a ' minimum of 1.5 spaces per 1000 square feet. The applicant is requesting a reduction in parking to 15 spaces which is one space over the 1.5 to lOOn ratio. The Planning Office reco~nends approval. Jeffrey Sachs noted that if this is denied they will have tl use tIle alley vlhich lle did not feel was the Ci ty' s first choice. A man from the audience who owns the property next door noted that the parking in the neighborhood.is very bad~ He said he often gets parked into his driveway although he has agreements with the dairyman. Sachs noted that this will add 15 spaces for the employees arid the customers can park at the Rio Grande. The Board discussed their concerns with the parking and" circulation problems in that area and the possible increase impacts of the Trueman Center and its new uses. Anderson moved to approve the special review for reduction in parking from 27 spaces required to 15 spaces required because of the physical restraints of the site, the locatic and proximity to parking, McDonnell seconded. All in favor nlotion approved.. Gaard ~loses, 8040 Gl~eenline I{e'v i(:~N Reents introduced the application. He noted that the building is already in existence without review approval. The City Attorney has proposed that Gaard Moses remove =R (.::;-~~! a r" Me e" t. i r~ cJ L-l Zone Code AInendnl(211 t S/C/I Zone Redraft ..,w 2.... JUl~.e 5, 1979 ~enPI~~~~~_~ Crn~ission approcimately ~ of the second floor as a punitive action due to the fact the building was built without proper ap- provals. 'rom Dunlop has requested no final approval l1l1.til 11e CiIl1 (~xan1itle tile t)erlni. t. . a11d design for th.e onsi te waste disposal system. The removal of the portion of the structure vlC)lll.d (~liIUir1a tE~ the area of the buildirlg \vhich can currently be seen from town. The Planning Office recommends approval based on inspection and the existing project being brought up to Ci~y Code for both building and sanitatiorl and vlhat relllo\ralsrequired by the City At'torney take place in a tiulely fashion. Moses was present and submitted pictures of the dwelling and the surrounding property. He said the addition was 90% completed~ Reents read the nine criteria for 8040. Greenline Review. Hedstrom moved to approve the entire structure conditioned on sanitation approval by the City Sanitarian .that the project be brought up to the City Building Code and that an agreernent r(~a(;11ed by the applicalltand th.e City Attorney to legalize the structure take place in a timely fashion, Andersonseconded. All in favor, motion approved. Reerlts in.t,~-oduced an anlerldment that would add nll11tifamily residences,singlefa~ily and duplex residences to the permitted use section of the L-I zone. The Board was concerned with tl1e l?OssibleiJnpact.s of this arnendment. They felt it would take alpt of' documentation to deter- w..ine tIle n,tunber of lots that\vould be affected. The:l did not feel there was much demand for such an amendment and noted that -the arnenc1."11ent vIas initiated by one specific application. They did not support the amendment at this time. The Board set a public hearing for this item on July 2, 1979, at 5:00 PM. Anderson moved to adjourn the meeting, McDonnell seconded. All in favor, motion approved. Meeting adjourned at 8 : 0 0 P [,,1 . #' " ~/}}1 ,-1"/1,' /' 4t -) en, ~eputy City Cler]( 1v~:)bile hane park regulations Gaard ~bses settlerrent Ord. 41, '1979 Cable TV theft ') (I .rt:-' '. :... '.) , f~ Regular Heeting AspE~n City Council June 25, 1979 MOBILE HOME PARK m~GUI~_TIONS -_.~------,~--- Stock submitted to Council th0 current mobile home code and state health standards, which are minimum standards. These a?ply unless the City's Code is more restrictive; in most cases the City's Code is not more restrictive. Stock tol.d Council the County has hired a consultant to help them write a mobile hO~le code, which was also submitted to Council. Stock requested authority to pY"epare a document modeled on the County proposal to be brougt back for consideration. rvlayor r:ciel s2..i.c1 hQ found the County ordinance' terribly restrictivE Jolene Vrchotal planning office, told Counci.l there are three sets of regulations for park owners. The first set of standards is to be met ~n the first year, and these are the least restrictive. The second set is to be met within 5 years to bring them slightly aboveminimurn health and safety standards, and does incl.ude some aesthetic standards. The third set of standards, Wllich includes the density of 4 units per acre, is strictly for expa~sion and new mobile home parks. Councilman Isaac moved to have Stock draft an ordinance and come back to Council with it; seconded by Councilman Parry. All in favor, motion carried. GA.l\~RD HOSES SETTLEHEN~e Stock explained the situation ill his memorandum. The house is just east of the Aspen Alps. The property currently has two single family dwellings and a pump house, it is in the conservation district. The property is one acre in size, and under zoning it would allow for one single family house. This property is considered to bea non-conforming use, and consider the two units to be legal. He could not currently build them now. Stock told Council Moses began construction of an addition in 1977, which is a garage in lower level, and second level an art studio. Moses did this without getting a building permit and without obtaining 8040 greenline review. The building inspector put a stop work order on the property; Moses has been working with the City on how to solve this problem.. Stock said he vJould recol1unend the ripping dOvJD of the structure, if he had gone to Court. The negotiated settlement is to obtain 8040 greenline review; which Moses has obtained from P & Z. Secondly, to obtain building permits at double rates. Third, the City's Code would not allow a home occupation to have a total area greater than 1/2 of the first floor area of the principle d~elling. Stock told Council the area for the home occupation is too great by almost 1/3. Stock has asked that Moses be required to rip out that 1/3. Moses presented an alternative to P & Z of changing that area into employee housing. Stock objected because if you have the right to ltinit and go to 3, it would require rezoning. Stock said another alternative would b~ a cash payment of some type. Stock stated he would rather have some portion of the structure removed to meet wi th Code requirt~nlent.s. Moses outlined the three points; (I) removal; (2) retain approximately 400. feet, which would be ripped out, and put employee housing into it, and(3)becau~e the house has been expanded at least twice before 1973, in the interest of simplification, let the lower level of the new st:ructure become part of the house and contribute to FAR'of the house. It would be larger than twice the area of the art studio then. Stock said what he felt was important in his solution is not so much whether he rips down the structure, but to create an indication to the public that they cannot avoid the City's rules and regulations, that they will be enforced. The City has got to become more restricti~e in their enforcement. Stock said he was totally against trying to obtain rezoning to allow a density of three units. Councilman Parry said he felt it would be better to increase the projection room and let the other part remain the way it is. Councilman Parry saia he could not see tearing down the structure. Councilwoman Michael stated this is a case of how important the Council feels their rules are. There was a reason to set 8040 greenline against the mountain, and to have reviews for building. Councilman Isaac agreed he did not feel Moses'house was an appropriate place to put employee housing. Councilman Isaac said he felt Moses should pay double building permit fees and make the corrections in the projection rOOTIl so that the FAR complies with home occupation. Councilman Collins stated he would be inclined to follow the recorrunendations bf the City Attorney. Mayor Edel said he couldn't see the house being ripped down; it is nicely done. Mayor Ede: said he would like to get Moses go after rezoning. Mayor Edelsaid although he would not like to have Moses rip down 1/3 of his house there are laws and statutes. Stock suggested the alternative of Moses accepting criminal charges and allowing the Court to irrlpose the penal ty. Council~"loman N.i.chael said the Council is abrogating their responsibil: by sending Moses to Court. Councilman Parry noted this has gone on for two years. He would like Moses to be right as far as the building permit. Councilman Parry moved to let the lower level become part of the house so that the FAR is right, and Moses pay double building permits; seconded by. Councilman Isaac. Councilmernber~ Parry, Isaac, and Mayor Edel in. favor; Councilmembers Michael and Collins opposed. Motion carried. ORDINANCE #41, SERIES OF 1979 - Cable Television Theft Stock told Council tllere is a provision in the Code currently that says it is illegal to steal cable television, an~ ~he City has been asked on numerous occasions to enforce that ordinance. The City has nv' to enforce the ordin~nce. The ordinance has been redr~fted making it clear this is a theft. If a person has illegal cable, Canyon Cable will photo it, disconnect it and leave a note telling the people they a~e not paying for cable. They will reinspect in t~0~eeks; if it has been reconnected, Canyon Cable can come in and sign a complai.nt and take the people to Court. Councilman Isaac asked why the City should get involved. Stock told Council this is not an unusual request from cable companies,. Councilwoman Michael moved tC) ead Ordinance #41, Series of 1979; seconded by Councilman Parry. All in favor, mot: >'1" -lec;. MEMORANDUM To: Aspen City Council F r ~Drll : G I e n n Ho r n , Ass i s tan t F' I ann i n 9 D ire c tor C:r \-\ Robert S. Anderson, City Manager Th !r IJ : F:: E : Moses Rezoning Ordinance: First Reading Summary and Recommendation Attached for your consideration is a copy of a proposed zoning ordinance for the Gaard Moses property which is located south of the Aspen Alps and east of the new gondola. Since this is just the first reading of the ordinance the staff has simply included the memorandum on this application which was sent to the Planning and Zoning Commission rather thant preparing a new memorandum. At the time of the public hearing a revised memorand- uln will be distriblJted. It is recommended that the CityCouncil approve on first reading the attached ordinance which rezones approximately one acre of land located south of the Aspen Alps and east of the gondola from C {conservation} to R-15 {residential}. City Manager Comments -----~:...-~:.:------~!--~---4_--~~~-~:'::~--f: ~~~~~~~~~~~-~~~~~~~~~~~~~~~~-~~~~~~~~~~-~~~~-~~~~~~~~-~--~~-~~-~ ~-~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~-~~---~-~~~~-~~~~~~~~~~~~~~~~ ~~~~~~~~-~~~~~~~~~-~~~-~~~~~~~-~~~~~~~-~~--~-~~~~~~~~~~~~~~~~~-~~ MEMORANDUM TO: Aspen Planning and Zoning Commission FHOM: Glenn Horn, Assistant. Planning Directol" RE: Moses Rezoning and Subdivision Exception DATE: . January 28, 1987 --------.---------------------------------------------------------.--- ----------------------------------------------------------------- BACKGROUND INFORMATION APPLICANT: Gaard Moses. LOCATION: Just to the southeast of the Aspen Alps and east of the Silver Queen Gondola at the base of Aspen Mountain (please refer to Attachment. 1). ZONING: C-Conservation (See attachment 2). SIZE: I acre (43,560 s.f.). APPLICANT'S REQUEST: The applicant is requesting rezoning from Conservation (C) to R-15 and a subdivision exception for the purposes of creating two lots in accordance with Section 20-19(c) of the Land Use Code. SITE DESCRIPTION: Attachment 3 depicts the subject property on a topographic map. We encourage you to carefully study the topography of this area because it has a very significant bearing upon our zoning recommendation. The map shows that the Moses property is well above the 8040 Greenline elevation. There are two existing residential struc- tures on the site which have been located in the ideal building site from the public's perspective. The site is flat and is located over 70' below the Little Nell ski slope to the west. The building site also avoids the very steep grades to the west, south, and east. This large elevation change between Little Nell and the structures isolates the buildings. from the ski slope. For years, until the gondola was constructed, few people in the community even realized that the Moses property was developed. with the construction of the gondola, the site has become visible from the lift but remains relatively isolated from the ski slopes. The existing structure on the east side of the site is approx~~ mately 2,800 s.f. in size. The upstairs portion of the structure is Gaard Moses' residence. The downstairs contains a studio workshop including a kitchen and bathroom. Technically, the .. 1\ j. -.: 1 structure on the east side of the site is a duplex. The struc- ture on the west side of the site contains 1,700 s.f. and is a duplex. SURROUNDING LAND USES: The Moses property is bounded by the Little Nell Ski slope to the west (C zone), the Alps Condominiums to the north (C zone), the Aspen Chance Subdivision to the east (R-15 pun zone) and undeveloped ground to the south (C zone). A spur of the 01(1 Midland railroad traverses the subject property. The applicant permits the AspenjSnowmass Nordic Counci.l to cross his property on a newly constructed t~ai] located above the existing development. As you well. know from our recent residential growth management sub Dl i s s ion s, the are a a r 0 u n d Ute A v e n u e e as t. 0 f the go n dol a. i sin transit.ion. "The barn", one of Aspen's funkiest old resident.ial buildings, which was located just to the east of the Moses property has been demolished and replaced by modern residences in tIle Aspen Chance Subdivision. One single-fanlily house in the Aspen Chance Subdivision is approximately 6,000 s.f. while a smaller single-family unit is 3,065. s.f.. There is also a duplex of approximately 5,450 s.f. in size. Proposed residential structures in the 1010 and 1001 Subdivisions are expected to range between 3,000 and 4,3000 s.f. in size. PLANNING OFFICE COMMENTS BACKGROUND: The history of the Moses property affects our zoning recommendation. It was established and recognized by the Aspen City Council in June of 1979 that the subject property contains two legal, single-family, dwelling units. Based upon the staff's review of existing City records, we have concluded that any additional dwelling units which currently exist on the site beyond two legal units are illegal. The applicant and his representative have discussed the problem of the illegal dwelling units with the staff. The applicant's goal is to legalize the existing $tructures and make them conforming. Therefore, the applicant has committed to remove a kitchen from each structure and convert the buildings into single-family residences. MASTER PLAN: Although the subject site is located just outside the boundaries of the 1973 Aspen Land Use Plan, it is possible to use the Plan as a guide for this parcel. The land use pattern suggested by the Plan would indicate that the mixed-residential dis t r ict is the mos t appropr ia te d is t r ic.t for the subj ect site. The applicant's R-15 zoning request is consistent with this district. ZONING ISSUE: The st~ff has researched the process by which the subject site came to be zoned C. Bill Kane, - former Aspen/Pitkin Planning Office Planning Director, indicates in Attachment 4 that C zoning was applied to lands at the base of Aspen Mountain which 2 ttwere generally considered of public interest." According to Bill, it was not the City's intent to zone existing residential developments C, but the district may have been applied to devel- oped land containing residences which were not identified on the land use inventory. A search of historic land use inventories shows t.hat the Moses property was not identified as developed. Given the isolation and vegetation of the site it does not surprIse us that. the property was missed during the inventory. The R-15 zoning request for the Moses property should be evalua- ted based upon the criteria of Section 2~~12.5(d) of the Zoning Code which are listed below: 1) Compatibility of the rezoning proposal with the surrounding zone districts and land use in the vicinity of the site, considering the ~xisting neighborhood characteristics, the applicable area and bulk require- ments, and the suitability of the site for developJnent in terms of on-site characteristics. 2) Impacts of the rezoning upon expected traffic genera- tion and road safety, availability of on and off-street parking and ability to provide utility service in the vicinity of the site, including an assessment of the fis ca 1 i lnpac t upon the commun i t y 0 f t he propos ed r'ezoning. 3) Impacts of the rezoning upon expected air and water quality in the vicinity of the site. 4) Analysis of the COlfiJnunity need rezoning and an assessment of the rezoning proposal to the goal balance. for the proposed relationship of the o f 0 v era 11 com 10 u nit y 5) Compatibility of the proposed rezoning with the Aspen Area General Plan of 9166, as amended. 6) Whether the proposed rezoning will promote the health, safety and general welfare of the residents and visitors to the City of Aspen. ~ Each of the criteria are addressed below: 1) The applicants R-15 zoning request would be consistent with the land uses and zo~ing to the east of the subject site if a mandatory pun requirement is applied. The PUD designation is essential because the designa- tion requires- slope den_sity reduction calculations to be made in the event that the applicant seeks to build duplex structures. 3 r; (~ I A. r 1 At first glance, it may appear to be inconsistent with the C zoning to the south and east to zone the Moses property R-15 PUD. However, an understanding of the topography as depicted on attachment 3 indicates that there are unusual site characteristics which lead us to believe that R-15 PUD is appropriate for this site despite the adjacent C zoning and the 8060 elevation elevation of the site. Due to the visual isolation of the only building site on tIle parcel, seventy feet b..elow the Little Nell slope, the Moses site can be di:s"tinguished froRl other lands in the C zone which are also east of Little Nell but by contrast are generally at grade with the ski slope and highly visible to the general public. In our opinion, the recognized community goal of protecting the mountainsides and skiing runs fronl (ievelopment which was re-affirmed in the Little Nell SPA review is not compromised by the Moses rezoning due to the topography of the site. In fact, due to the topog~aphy of this site and the transition of the south side of Ute Avenue to a residential area, we believe as a general rule, the Midland railroad spur line rather than the 8040' Greenline might be better a dividing line between the C zone and resid.ential districts for properties to the east and out of sight froI" tittle Nell. 2) If the applicant converts the two duplexes to single- r a In i 1 y s t rue t u res , imp act son the r 0 ads y s t em \A.,' ill probably be decreased as a result of this rezoning. 3) The rezoning should probably not affect air and water quality. 4) The rezoning does not affect community balance. 5) As indicated in the proceeding Master Plan discussion, the rezoning request is generally consistent with the 1973 Aspen Land Use Plan. 6) The rezoning of this property to conforming status will most likely enhance the health, safety and welfare of Aspen residents and visitors by creating a conforming use capable of major renovations or demolition and reconstruction. Our R-l5 pun zoning recommendation applicant converting- both structures and his voluntary commitment to limit single-family residence to 3,800 s.f.. the parcel is rezoned R-l5 PUD and the is conditioned upon the to single-family dwellings the total size of each Based upon the Code, ~f proposed lot split is 4 ~ < . :' " r J. approved single-family structures totaling 4,640 and 5,173 s.f. could be built on each lot. Therefore, the applicants commitment to restrict the potential square footage per house to 3,800 s.f. is significant and also insures houses which are the same size or smaller than existing and proposed housing sizes in the area. This conlmitment can be insured througll the 8040 Greenline process, to which any additions to the existing units must be subject. SUBDIVISION EXCEPTION REQUEST: Attachment 5 depicts the proposed subdivision exception plat. Section 20-19(G) of the Code enables the City Council to grant exceptions from the strict subdivision requirements of Section 20 when it is determined that the strict application of Section 20 would be redundant, unnecessary and serve no public purpose. City Council., may request a recom- mendation from the P&Z prior to approving the proposed subdivi- sion exceptions. It is our opinion that tllis is a simple, straight-forward application and a subdivision exception is an appropriate request for this site. Further, we feel that Council should have the benefit of a P&Z recommendation on this matter. Jay Hammond, City Engineer has commented that the Moses property is currently served with potable water from surface sources, including a spring and the Durant Mine run-off through a Junior water right. The Engineer comments that subdivision is a good tinle to pr"ovide a connection to the City water line near the Aspen Alps. Prior to consideration of the subdivision exception by Council, Jay would like to review a proposal for the water connection including routing, size and length of the water line extension. Additionally, Jay Hammond requests the following to be shown on ttlC subdivision exception plat prior to recording: 1) Topographic information; 2) Drainage easements Subdivision. on the adjacent Aspen Chance 3) ~ndividual parking spaces; 4) The dedication to the City of Aspen of a 15' wide year round pedestrian, bicycle and nordic trail easement located where the existing nordic trail currently exists. RECOMMENDATION The Planning Office recommends that the P&Z recommend to Council the rezoning of the Moses property from Conservation (C) to R-15 PUD, and the granting of a subdivision exception, subject to the following: 1) The applicant commits to duplex structures to convert each of the existing a single-family dwelling ~y 5 4~ ~.. t }. removing a kitchen from each building prior to recorda- tions of the final plat by the City. Removal of kitchens must be inspected and confirmed by the City Zoning Officer. 2) The applicant shall dedicate a year round, pedestrian, bicycle and Nordic Ski Trail easement 15' wide travers- ing the parcel in the same location as the existing Nordic Trail. The easement shall be placed upon the plat prior to approval. 3) The applicant shall remove the ~xisting shed on Lot 1 which encroaches into the side yard setback prior to recordation of the final plat by the City. Removal of the shed must be inspected and confirmed by the City Zoning Officer. 4) The subdivision exception plat shall include: o Topographic information; o Existing utility connections, service routing, meter locations and distance to the existing Aspen Alps water main. o Drainage easements on t.he adjacent Aspen Chance Subdivision. o Individual parking spaces. o A note indicating that the existing structures are single-family dwellings. 5) The applicant shall agree to submit to 8040 Greenline review for all additions to existing buildings and to voluntarily limit the total square footage of the single-family residences to 3,800 square feet each. Demolitions and reconstructions shall also be subject to 8040 Greenline review. 6) The applicant shall commit to prepare a water codnec- tion plan for review in conjunction with City Council action and connect to the City water system prior to recordation of the subdivision exception plat. GH.003 6 , · 1 f VICINITY MAP 1fZ...t\(1;.O ~ c,..-rt "'-A..~ IJ\Af"~ - Attachment 1 . . ~~ ~ \ ~~ \\ ~~ / ~~ -, , / / ,,~.-;,{' : , ~ ~ ~ -............ ,. ~ti1 ,,"",..;. !,., ,,"?!,:, .';si; :1i;il..." :. : ': .' ~"~.i>; : i, <'i; l:.;:~,i;:;;.. ~""., " ' :; 1~';;~, > :;il!~>!x~'. ,,:, :,~:".~,.);;;i' , ;~1i~:1-:;:;:'~ \; ;(8/;l,-:;.~;w:w.~f< ,:-.~;.:,;.. . . .: ;>>:"::-~:~l~r<.";"i;';<"<"i;~:<;';!if,J;;:" <~;:.,;:;;;: ;~i;;.~~ !l"; , "'. '" ---~-~n~ , 0-'", ':: -', \. oJ ~~""-r / ., ct) ~'" , It' I //0 A-fl'(O'{,,,,,.-r.vl ,0(") .,f l .J , t'" Co L.o '7- c, r~. <-!.... _~ 't- ~,~,...:::.-, , l. " " --' ." I , ~t I ~t Q.. ----1Jt.. I ------ JI · I jf .~ ~. ~ · 0 ,I Attachment ~ t: t.: ~ ~,. .., I . 135 HJ1V'~ ,.-- o ::J a.. ......"., " ~ : ,~~~...~#~~ : --~.... ~.<: , ~~::~~~ " t. . ~i:~)\''',', ~:.,:. .,j . I ..1' ","" . --.\ .-- ..\ -..-.---- .- ~.- ",.* -.-- .' .--. __ __ .. a ..... -- .... .. -- ---........ ~..... -=::.~. . . . ------"6;' '. .: ---...- ~Cr:'...-. __........ ......." OJ . ~ ...... ..........", ..... "... ..., ",. ",""" ."\ ---- r-"~~-r~"M~r~~~.~t~~:';' . :, : ! ~'t · :' '........ . ~ I JJ--' . - ~ ... L 1 . ""1 r 11 -",,0,. . h' #.'.......:--.:'-,-.... .~~~.:,.-_... ..~.,... . - j_":. . o:;~;~.""'t....;.!'k~'.. (' ( Attachment 4 710 East Durant Street Aspen, Colorado 81611 September 13, 1985 To Whom' It May Concern: .""t:t I' r;have peen asked ~Gaard Moses to clarify the Aspen rezoning process' !of 1975, based upon my best recollection. While I .receive~requests like this from time to time, I do not normally r:espond~ simply because my memory of individual land use sttuations is not-usually relevant to current problems. However, ih the case of Gaard's land at the base of Aspen Mountain, I do remember, in general, the basis for the application of the .e., Conservation Zone~ Conservation zoning was applied to lands which were generally considered of public interest to remain in an open space condition. This included skiing and skier access to the base of the mountain. Being a public, open space zone, we did not intend this district to cover existing, residential development. It is possible that th~ C zone was extended to areas on the base of Aspen Mountain which contained residences which were not identified in our land use ~nventory. ;' This letter is written to help clarify the zoning process which took place at the time. I have not been retained by Gaard or his attorney. Sincerely, Bill Kane Former Aspen/Pitkin County p~anningDirector 1 I ! ; i~ I ! " I \ I : ! ! d , I , I ~ , ! - . I I ! I j l ! ' I ! j: I 1 I I .1 ~ . 1: lIT 1 ; "'f +. i i . , i I l ! ' t' " I, L'7. 2 ~1 (, ~ PR\VA.TE. A.CC.e..5S EA..5E.tv\E.NT l="o~ '-0 T 1. J ,"l I , 0 p~~,u ~f.(7~ t?~fc.fA ~f ' . ,I] f h, , t1, l' o , ~, }.\ \1~ , ~lJ!~ ~~ . ""I, ~, ~, '>> , ~, ).., <~ .// o \ . /~"'~ \ ..,7'~ ./ . . " , J2f I I,' " -/.- /_ ;~ - / ~ L_ ,,_ L.__. ~ 1.- ~ t 2..0.3 .~7' " o L.~ , \ t 2 LOT 2 0.398== ~CR ES /// \) LOT r ~ ('S 0.602 ~ ACRES ~3 8 -& .. '1" -t ~ /' i .'.-' . I I ~I L _ '-_. I' /! i I / ' I Y" . \ ."" ~ 1...- ~ ~ " J : ; I : ~ . . ... : . /--- .,-- 10. P~\V^Te.. --' UNO~RGROtJNO UT'L' T'( E:~SE.N\E..N" -FOR.. LO'" 2... "- "- " "" - i Attachment 5 / /.~~ 1) ,,; / r- - - / ~/ I ..,J +2.' ~1 \AI If- 2. ~.l.6 / \ ~PIC.J~J", ~ :..!OL..O..Jv. -r Ct...J II'-. f:. A~~ I I I - , o I