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HomeMy WebLinkAboutlanduse case.boa.AspenCo.Subd.012-79 .;'''' I' I '- J - .' -rei ~fOe_~ 'if! ('i)(7Q APPEAL TO BOARD OF ZON I NG ADJUST/HIT -:tt=. 374-1 CITY OF ASPEN DA TE 10 August 1979 . CASE NO. '??- /2- APPELLANT Copland Hagman Yaw Ltd. ADDRESS Post Office Box 2736 Aspen, Colorado 81611 PHONE 925-2867 OWNER Mr. J. Richard Sturpis ADDRESS Post Office Box 4896 Aspen, Colorado 81611 LOCATION OF PROPERTY Lots 1, 2, 3, 4, Blk 4 Aspen Company Subdivision (Street & Number of Subdivision Blk. & tot No.) Building Permit Application and prints or any other pertinent data must accompany this application, and will be made part of CASE NO. 79~/2-- THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. DESCRI PTI ON OF PROPOSED EXCEPTI ON SHOHI NG JUSTI FI CATIn/IS: See Attached Will you be represented by counsel ? Yes No}), SIGNED:' 7:;~k~.-<." ~ / 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 a second story addition on an existing one story dwelling. The proposed second story addition will have an eleven (11) foot front yard. The required front yard is 25 feet. Sec. 24-3.4 area and bulk requirements R-15 Zoning District. PERMIT REJECTED, DATE Y,/ID/19 I ( ~~MEYR'N' Signed DECISION Y;1~~ ' DATE DATE IF HEARING '& 30!7~ SECRETARY ~/~' s,-"",~-..--, 1-- ?/~ I--Jy CHIEF BUILDING INSPECTOR Status APPLICATION FILED MAILED '8'( l{hCJ . .' Copland Hagman Yaw LId Architects Appellant: Copland Hagman Yaw Ltd. Case No. Description of proposed Exception Showing Justifications The Owner wishes to construct a partial second story addition onto an existing residence which was originally built in 1958. Subsequent to the completion of the existing structure the site and environs were zoned R-15 causing non- conformity of the building with regard to the front yard setback requirement. As shown on the enclosed site plan, portions of the existing structure extend into both the present 25 ft. front yard setbar.k and the Right of Way of adjacent Roaring Fork Road. The 28' height limit designated for the R-15 zone permits the proposed second level addition within the setback. Variance is sought to permit a second level addition to be constructed onto the small triangular portion of the existing building that projects at its maximum point approximately 5' into the front yard setback. Because the design proposes to utilize both the existing architecture and foundation system for structural support both an economic and design hardships would result. The design for the addition in fact, proposes to reduce the nonconformity of the existing building by deleting that portion of the structure (approximately 20 ft.) that projects into the City owned Right of Way. In order to accomplish this and to provide required over- hang protection for the existing entry and parking (north exposure) it is necessary to add a reduced roof overhang outside the present setback to functionally replace the larger portion of the building proposed for deletion. The resulting effect is no increase in nonconformity while removing the structural encroach- ments on city property and in general improving the massing of the building as related to both the neighbor- hood and intent of the zoning. An architectural scale model of the proposed building addition will be brought to the hearing to illustrate further the justifications for this variance request. Respectfully submitted UrJ , ~a~man Yaw Ltd -, ,.. . "~ '", Appellant: Copland Hagman Yaw Ltd. Case No. Description of Proposed Exception Showing Justifications This is in regards to the Sturgis "Main House" remodel. We are making request for a reduced front yard setback to permit construction of the final building design which meets a very complicated set of conditions. The previously granted variance disallows any variation from the preliminary plan on which we made our request. As always occurs in the lengthy design process, we did vary. The following points further explain what we feel is a very valid request for variance. A) First, the existing encroachments of the original building make it nigh to impossible to remodel it without creating any other encroachment s . B) Secondly, the final design solution addresses a very wide range of requirements, such as an extremely complex roof geometry, structural constraints prohibiting cantilevering enough of the roof to remove the encroaching columns which are located by the layout of the angle parking spaces, as well as the functional necessity to protect not only the parked cars, but also the passengers on their way on foot to the front door. C) Thirdly, the need for adequate natural light and ventilation in the "pad" area upstairs requires that it overhang the 25 ft. setback line by about 4 to 5 feet. D) Fourthly, the building inspector has pointed out that a strict interpretation of the original variance granted on the preliminary plan invalidates the final solution. Also, he is interpreting the column line as being the building line although it supports the roof line and is several feet in front of the second story addition. E) Fifthly, the aesthetic impact of a drastic reduction in the final roof design to meet the strict compliance requirement will result in an unattractive, awkward roof. The comfortable country feel that we are trying to achieve will be destroyed along with the functioning of the protected parking and walkway. Respectifully subm' ~ COPLAND HAGMAN YAW LTD. W7'~_: -. _~ .~~-,"jn' '."'r:IlT\;, __~ _,'_ . ' , ',;' ~ . . ., . 2 ". _ 1/' f c.," I., .,.1'. \,",",~"" t',;;/" if J ----I , J - ~.~~ '.-1 '. , '~, -& ( ( t ( I . .' EKllIlIlT II /I tract of Innd sltu,~ted in the SE!,; of the NElL of Section 17, To,,:n,:hip 10 South. R""i:" 85 \':est of the Sixth Principal Meridian, City of /lsp"n, County of Pitkin, Stat" of Co1orndo, con"istinf: of Lots 1,2,3 and " in Block i, of the ".:;pen Co'opan)' Subdivision and also of a tract (If laud ~ituated casterly of !iHid subdi.vision. all nlore particula-r1y described a5 fo11oHS: Beginning at a point <<hence a U.S. bras" cap. dated 1954 and loaeked as the East I,; corner of said Section 12 bears S 41"07'43" E 1150.46 feet: thence 142.90 feet along ~~ arc of a curve to the right having a radius of 1417.46 feet and whose chord bears N 68"09'17" E 142.84 fed; thence S 18"57'26" E 87.54 feet; . th",nce 6.89 feet along the arc of a curve to the left having a radius of 322.19 feet and whose chord bears N 85"',8'02" E 6.89 feet; thence S 20"57'00" E 70.47 feet; then~e S 80"28'00" W 7.76 feet; thence S 50.04 '00" \~ 86.70 feet; thence S 03045'00" E 101.63 feet; thence S 07"i,S'OO" E 69.62 feet; thence N 89"52'00" ~I 94.26 feet; thence S'89"lS'15" \~ 16.37 feet; thence North 175.51 feet; thence 61.90 feet along the arc of a curve to the rif\ht havi.ng " radius of 116.50 feet and whose chord bears N 15"13'13" E 61,17 feet; thence N 24"44'00" \~ 96.61 feet to the point of beginni.ng, County of Pitkin, State of Colorado. , , ( ( ( EKIlIl\lT A i\ tract or l,md situ:\tcd in the SEl,; of the NI::l, of Section 17., TO',':Il,;hip 10 South, R,~:l::;L~ 85 h\~~;t of the Sixth Principal Meridian, City of Aspen, County of Pitkin, Sled" of Colorado, c.on,.isting (l[ Lots 1,2,3 and I. in Block I, (If the Aspen Co!"pany Sqbd:Lvlsion and also of a tract of land situated easterly of said subdivision, ,\1,1, !lic1H' particula'rly described as follO\ols: Beginning at a point \<hence a U,S. brass cap dated 1954 and marked as the East l,; corner of said Section 12 bears S 1,1.07'43" E 1150,/,6 feet: thcncu 142.90 feet along the arc of a curve to the r1ght havin[: a radius of 1417.46 feet and \<hose chord bears N 68.09'17" E 142.8/, feet; themcli' S 18057'26" E 87.54 feet; . thencli' 6.89 feet along the arc of a curve to the left having a radius or 322.19 fc:et llnd \<hose chord bears N 85./,8'02" E 6.89 feet; thence S 20057'00" E 70.47 feet; thence S 80028'00" W 7.76 feet; thence S 50004' 00" \~ 86.70 feet; thence S 0304.5'00" E 101.63 feet; thence S 0701.5'00" E 69.62 feet; thence N 89052'00" W 94.26 feet; thence S 89.15'15" \~ 16.37 feet; thenc,e North 175.51 feet; thence 61.90 feet along the arc of a curve to the right having a radius of 116,50 feet and whose chord bears N 15013'13" E 61.17 feet; thence N 24 044'00" \~ 96.61 feet to the point of beginni.ng, . County of Pitkin, State (If Colorado. . I~ .-""" NOTICE OF PUBLIC HEARING Case No. 79-12 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended,. a public hearing will be held in the Council Room, City Hall, Aspen, 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 invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state,. yo~views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meeting: Date: Time: August 30, 1979 4:00 PM, City Council Chambers Name and address of Applicant for Variance: Name: Address: Mr. J. Richard Sturgis PO Box 4896, Aspen, CO 81611 Location or description of property: Location: Description: Lots 1, 2, 3, 4, Block 4 Aspen Company Subdivision Variance Requested: Appli?at~on is made for a b~ilding permit to build a second story addition on an eX1st1ng one story dwel11ng. The proposed second story addition will have an eleven (11) foot front yard. The required front yard is 25 feet. Duration of Variance: (Please cross out one) ~RmpRXaXJ Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT ~'-)~OM./ Shery Simmen, Deputy City Clerk Secretary to the Board of Adjustment for Remo Lavagnino, Chairman BY --;:- -.. ~- -./ . . . Adjacent Property Owners to Aspen Company Subdivision: Anne F. Farish Box 69 Aspen, Colorado 81611 John Merriam and Lucy Merriam 999 Green Street, Apt. 2504 San Franc~sco, Ca. 94133 Nicholas J. McGrath, Trustee 600 E. Hopkins Rm. 204 Aspen, Colorado 81611 Leonard M. Oates, Trustee 600 E. Hopkins Rm. 204 Aspen, Colorado 81611 William R. Jordan, III, Trustee 600 E. Hopkins Rm. 204 Aspen, Colorado 81611 J.R. Sturgis Box 4896 Aspen, Colorado 81611 Jean Parkes May tag Box 11630 Aspen, Colorado 81611 Marcia T. Gray Box 1098 Aspen, Colorado 81611 Rockhead Investments 606 E. Hyman Aspen, Colorado 81611 Stephen J. Marcus Box 1709 Aspen, Colorado 81611 S.J.M. Investments Box 1709 Aspen, Colorado 81611 Char~es Barondess 52 Shrewsbury Drive Rumson, New Jersey 07760 I . . ,..- I !I' /' '- - Adjacent Property Owners to Aspen Company Subdivision (continued) John Burrell 141 W. Jackson Room 2440 Chicago, Illinois 60604 Sam K. Vierson Box 280 Okmulgee, Oklahoma 74447 Michael C. Hernstadt 805 Bonita Aspen, Colorado 81611 Aspen Institute for Humanistic Studies 1000 North Third Aspen, Colorado 81611 t""". """, Copland Hagman Yaw 'told' Architects PO Box 2736 Aspen Colorado 8V 303 925 2867 September 7, 1979 Board of Zoning Adjustment City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: Case No. 79-12 Sturgis Remodel (Main) Lots 1-4, Block 4 Aspen Company Subdivision Dear Sirs: In compliance with the memorandum from the City Attorney of 2 April 1979 concerning the Posting Requirements of Ordinance 12, Series of 1979 this letter shall constitute an affidavit that I supervised the erection of a sign conspecuously posted at the subject property on 17 August 1979 and did verify its position in place up to and including the date of this letter. The sign was completed on a preprinted format received from Sheryl Simmen of the Aspen City Clerks Office on 25 May 1979. Enclosed please find a photograph showing the actual sign posted upon the property. ~::u~bmitted ~< Lance D. Allee Copland Hagman Yaw Ltd. LDA :lm The foregoing instrument was witnessed before me this 7th day of September, 1979. ;~u ~1 lm~{l/l.J Not y Public My commission expires: April 2, 1982