HomeMy WebLinkAboutlanduse case.boa.230E-Hopkins.015-77
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CASE
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THE BOP,RD \lILL RcTURli THTS r\PPL ICATIOiJ IF IT DOES flC1 CONTAIr!
All THE FACTS IN QUESTION,
DESCRIPTION OF [J[WPOSED EXCEPTION SHD\!HJG JUSTlFICATlrl[IS: '
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Will you be represented by counsel?
Yes ____.1' 0 _'L,
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" .~. n ~ ~PPL1CArION TO THE BOARD OF ^DJUST~C~T !'I"'n' RE"SOM
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Application is made for a building permit to build a second
story apartment.
The proposed apartment unit would have no side yard.
The required side yard is five (5) feet. Sec. 24~3. 4
Area and bulk requirements
Office Zone
PERMIT RFJrCTED, DATF
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Regular Meeting Continued
Case No. 77-15
Franc is
Whitaker
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Board of Adjustments
June 9, 1977
Paterson felt that it was a reasonable request for that block since
the Durant Mall was so large. Colestock wanted to see more information
on the use and design of the building since the applicant wants to
double the density. Lavignino agreed with the ordinance in force.
However he felt that the density was of such a nature that it would not
be detrimental to the nature of the block. Mann regarded the request
as legitimate. She assumed that parking would be required. Unnecessary
hardship existed because of the character of the whole block and the
east wall of the Durant Mall. Smith felt that if this project were
approved it would be undermining the "fforst of P&Z, Nuttall said that
these were the sorts of cases the Board was supposed to act on. Smith
stated that this was not a special case when asking to be exempt from
a code. The practical difficulty is the result of a Planning Office and
P&Z resolution which is law. Only five our of the eighteen lots are
overdeveloped. This is the only NC zone in the city. Smith wanted to
send the application to PUD. If they approve it then that is okay.
Lavignino stated that he agreed with Mann and Smith and would open the
meeting to the public again:
Hughes wanted to emphasize trying to get the building approved as he
felt it was tailor fit to that lot. It ties the glock together. Since
it is the last NC it shouldn't matter. Hovdesven said that the 0.5
to 1 FAR applied essentially to the Trueman project.
Colestock said that NC was spread through residential areas. A denser
building would create more traffic. Hughes said that the city was
spot zoned. When CC passed the resolution it was the only undeveloped
lot in NC. Smith stated that the Trueman property was undeveloped and
in the NC zone.
Paterson said that (1) he object to the east wall of the Durant Mall
and (2) the area is already a shopping center. Thus no extra traffic is
being caused. Hughes said that the scale sho~ld be considered.
Lavignino said that the hardship is not scale, but the fact that it is
the only undeveloped lot on the block and other property owners enjoy
privileges which Hovdesven, would not enjoy. Before a variance is
granted he wanted to see a recommendation from P&Z. Colestock saeed that'
the code is designed to benefit the majority of people in the area and
the decision should not be dependent on a recommendation from P&Z.
.
Hughes requested that the request be tabled indefinately.
Smith moved to table the variance requested untIl it is refiled. Colestock
seconded the request. All in favor, motion passed.
Lavignino read the variance request for Case No. 77-15 Francis Whitaker
for a building permit to build a second story apartment which would have
no side yard.
,Mr. and Mrs. Whitaker were present dnd presented their case. They said
that it was difficult to find employee housing. A second floor apartment
seemed a reasonable way to fulfill part of this need. This request
would be for the maximum use of the lot. The alternative would be to
tear down the historic building and put in a two story apartment. The'
apartment would have two bedrooms and two baths.
Lavignino closed the public portion of the hearing.
Mann said that the existing building with no side yard represents a
practical difficulty. It the existing wall was not used as a bearing
wall the room would have a width of 15 feet which is not practical for
a housing unit. Paterson said that he agreed with a 15 foot room being
too small and that it should be built on a bearing wall. Nothing would
be gained by setting this back five feet since the lot next door has '
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RECORD OF PROCEEDINGS
100 Leaves
June 9 , 1977
Regular Meeting Continued
Cases 77-7 and
77-13
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Board of Adjustment
a building set way back. Paterson favored the v.ariance. Smith
supported because it tackles an existing problem. It will probably
stay employee housing because the buy downstairs has a forge.
Colestock supported all the statements and ,said that he was pleased to
see someone doing something about employee housing. It will not create
ingress or egress problems. Lavignino had nothing to add as he concurred
with all statements made.
Whitaker said that access to the housing was from Monarch Street on a
driveway.
Lavignino closed the meeting to the public.
Mann moved that this variance be granted because of practical difficulties
of the existing structure and the need to use a bearing wall which is
in existence. This is a special co~dition and circumstance which is not
due to the applicant. It does not a?ply to other people in the area. It
does not adversely affect purposed of the general plan. Smith seconded.
All in favor; motion passed.
Colestock moved to consider Cases No. 77-7 Russell A. Pielstick and
77-13 David L. Hopkins as abandoned oy the applicants. Smith
seconded the motion. All in favor; ,notion passed.
Smith moved to adjourn the meeting at 5:45 p.m. Mann seconded. All
in favor, meeting adjourned.
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Elisabeth Sherrill, Deputy City Clerk
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NOTICE OF PUBLIC HEARING
Case No. 77-15
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f BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMEt-.'T
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TO ALL PROPERT~ OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOW:
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Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a
public hearing '\olill be held in the Council Room, City Hall, Aspen, Colo-
rado, (or at such other place as the meeting ma~- 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 ~ode of Aspen. All persons affected by the proposed v~riance
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,
yorrviews by jletter, particularly if you hav~ objection to such variance,
as the Board ,of Adjustment w~ll give serious consideration to the opinions
of surroundi~g property mmers 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:
June 9, 1977
4:00 PM
Name and address of Applicant for Variance:
Name:
Address:
"
Francis Whitaker
1265 W. Bunny Court
Location or description of prope~:-Ll
Location:
Description:
Lots R & S Block 74, Aspen Townsite
230 East Hopkins Street
Variance Requested:
Application is made for a building permit to build a second story apartment. The
proposed apartment unit would have no side yard. The required side yard is five (5)
feet. Sec. 24-3,4. It is zoned office. Area and bulk requirements would be effected.
Duration of Vari<lilce: (Please cross out one)
'j)[&~ Permanent
THE CITY OF ASPEN BOAlill OF l\DJUSTHCIJ'l'
F!~~(;Xf/ ~J
Chairman
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FROM
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City Clerk Office
( TV OF ASPEN
Box V
Aspen, Colorado 80611
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Board of Adjustment Application
DATE
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MES_DE
Submitting application for Board for:
Francis Whitaker
1265 W. Bunny Court
SIGNED
Building Dept.
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SEND PARTS I AND 3 wnH CARBON INTACT - PART 3 WILL BE RETURNED WITH REPLY
DATE
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