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Home My WebLink Aboutlanduse case.boa.314Gillespie.001-74 NOTICE OF PUBLIC HEARING Case No. 74-1 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 hearin'g will be held in the Council~ Room, City Hall, Aspen,Co1o- rado, (or at such otr...er 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: J ry'lI . an uary ~~ ~.l , T l.me: 3: 3 0 p. In . Name and address of Applicant for Variance: 1973 Name: C.F. Murphy Assoc. Inc. Address. 224 South Michigan Ave. · Chicago, Illinois 60604 Location or description of property: Location: Description: 314 Gillespie E. !'2 5 & 6-, Blk. 91, Hallam Addition Variance Requested: APPLICATION IS MADE FOR A BUILDING PERMIT TO BUILD A 12 FOOT TENN~S COURT FENCE LOCATED ON THE SIDE AND NEAR PROPERTY LINE. Duration of Variance: (Please cross out one) ~ Permanent BY . \ , 4, 1\ rr, '\,.,J Pd. Nov.27,73 24014# $10.00 Case No. -_'l!.LL__ Da, tc~ ..~_.___~.l!QV~J1!12~L~~~~J 9 7 3 Ar)I)E'; 1. t~~~o~~ddress~~~t~ichi~~~.~ Chicago, Illinois 60604 'q ~ -..-k--........~.at:!~'la..~..,.tJ'l':.~~~_r,~~~ft...i1~_....:.~~ Ov.] 1:1:12 1<) saIne !-\d (j l~E~ S S same ~~~$JG9!if'-'~:iI;.;')-~.\Kdi;_1~.'i;~~>Il~~:._':tltt\~1Jnm::;~'~r.r;~...;8'.r~~~,~');"E__-..~..~;~;'~~ ~~-'olIW.sr..."'2llIlti<Wol"?;r~.'".v~9dQ~UIUIill...111!.8.lfUl!!l:!il'llrW':..~..-.r.a.:.~.J~'t:~~.-et,..~...~~ ,R:,.(~~'~~'t'I:P"~~~~'-~,,'<<a~_~-"tr'".;_..:a~ Location of Property See Attached Exhibit A (St: i:ee'#t:'--&-N Ul11b er~='orsuD"d i 'llsron~BI1(~&j~()t~I~-o:)-- Building Pern1i.t Applicat,ior1 8~nd prillts or arty otller pertirlent: data IlIU.St, <1cCeJIlll)8.11Y t11is application, and viill be macle a part of CA ~ T.'" 1\1'0 rl d J J, ;:, l~t .l'lI . ...._.."""'_ The Board will return this application if it does not contain all tl1.€ fac1:s ill. qlles ti011. Description of proposed exception showing justifications: See Reverse Side C. F. Murphy Associates, Inc. signe0 , /fjPI " ... k ~- Provisions of the Zoning Ordinance requu~lng the Building Inspector to forward this application to the Board of Adjustment and reason for not grant~ng permit: APPLICATION IS MADE FOR A BUILDING PERMIT TO BUILD A 12 FOOT TENNIS COURT FENCE LOCATED ON THE SIDE AND NEAR PROPERTY LIN~. A fence less than 6 feet in height is not a structure by defination and could be located on the property line, however, a fence greater than 6 feet in height is a structure and would be subject to the set back requireInents of the zoned district. Sec. 24-2. (ff) and Sec. 24-5 (e). Chief Building Inspector ~ J?errni t "~~'~.sM:i~'f~!r:ic;-d~--:--~b_~.~'~a~__~ Clay to H. 'Meyrl.ng ar Rejected, date __.!..-:-._-___~_Decislon_._IJll.~.!!IE~..-- ...._......__ Date JJ~ i . "; . ~ ."'1" (~) f . . 1 ~ 1 ...." .- - ,... .-'1 <<I ') "1/' . ......en F 11.~J -._..d#1/1~-...."-,,....,.._~..__..;)u te f, CA1~,,'b.. L ".421.-....".- _..oj/J (zL.__.~_... __..rL~q. . . ...... .~__...__..,__ 7"/~ ~.,.r..}~ [dry , AJ}J)lic Ilia j, l(~ d ..~ - \, " - ~ Exception to the R -6 fiv"e foot minimum for side and rear yards is being sought. It is the appellant's intent to errect a twelve (12) foot high chain fence in order to enclose his tennis court on three sides. The fence shall be dark blue in color. ,. ~c~'-~-"- vn"Jl,t' ,- . fl ... . It .. ~~?4'6~/??-' -:7' ~'M .,.."J ~'>'~'y~""'~ PARCEL ONE A tract of" land situated in Hallam's Addi tioD to the City of l\spen, County of Pitkin, Colorado, being more particularly described as follo\vs: Beginning at the East i Corner, Section 12, Township 10 South, Range 85 'Vest of the 6th Principal 1Ieridian (a 1954 Brass Cap); thellce North 64014' 17" V/est 904.35 feet; to the Sotlth\vesterly corner of Blocl~ 90, Hallam's Addition; thence North 89052' West 13.50 feet along the Northerly line of Gillespie Avenue to the point of beginning; thence North 00038' West 120.01 feet; thence North 89052' West 59.90 feet; f, thence South 000 08 t "lest 20. 00 feet to the Northea.ster'ly cornel~ of Lot'6, Block 91, Hallam's Addition; thence North 89052' West 57.50 feet; thence South 00008' West 100.00 feet to the Northerly line of .~ Gillespie Avenue; thence South 89052' East 119.00 feet along the Northerly line of Gillespie Avenue; to the Point" of beginning, a portion of the above-described property also described as Lot 6 and the East half of Lot 5, Block 91, Hallam's Addition to the City of Aspen. PARCEL T\VO A.tract of land situated in Hallam's Addition to the City of Aspen, County of Pitkin, Colorado being more fully described as follows: "Beginning at the East 1 corner of Section 12, T~nshtp 10 South, Range 85 West of the 6th Principal Meridian (a 1954 Brass.Cap in place); thence Nortll 64014' 17" \'1est 90Ll.35 feet to the. South\vesterly corner .. of Bloc~ 90, Hallam's Addition; thence North 89052' West 75.00 feet to the Southeasterly corner of Lot 6, Block 91,_Hallam's Addition; "thence North 00008' East 100.00 feet along the Easterly side of Lot 6 J Blocl~ 9'1, IIallam' s Addi t ion to the Northeasterly corner of Lot 6 to the Point of Beginning; thence North 89052' West 57.50 feet; thence-North 00008' East 20.00 feet; thence South 89052' East 57.50 feet; thence South 00008' West 20.00 feet to the Point of Beginning. . 1 .. J ~ ~~,.~~""l"'Ir,'~~-~-;'-""""-"'~'"''''-'''-'.-''._'-'--'-''-'''''''-'--~-''-''''''''' .,'~ ..... , fo ,~ . f ''-r- " .~. ........ ASPEN TITLE COMPANY A TITLE INSURANCE AGENCY POST OFFICE BOX 27 ASPEN, COLORADO 81611 (303) 925-4444 REPORT No. 73-11-08 We have examined the records of the Clerk and Recorder of Pitkin County, Colorado, for record ownershi,p of property within 200 feet of property described in Exhibit "An attached hereto, and find: Robert O. Anderson Box 1000 Roswell, New Mexi.co 88201 Aspen" Institute for Humanistic Studies Box 219 Aspen, Colorado 81611 Sam K. Viersen, Jr. c/o Viersen & Cochran Box 280 Okmulgee, Oklahoma 74447 Ferry Young, a/k/a Ferry Marquand c/o Robert S. Koch Chase Manhattan Bank #1 Chase Manhattan Plaza New York, New York 10015 Jennifer Packard Pedersen Box 144 Aspen, Colorado 81611 Estate of Adelaide Hooker Marquand (Francis C. Welch, F. Murray Forbes, Jr., & Arthur A. Barton, Executors. ) c/o Welch & Forbes 73 Tremont Boston, Mass. 02109 William K. & Mary F. Martin Box 447 Aspen, Colorado 81611 Donald Fraser McCann & Joy Vietor McCann Pitkin County, Colorado (only address available) Walter T. & Marie W. Ridder 1325 E Street NW Washington, D. C. 20004 - Page 1 - REPORT No. 73-11-08 (continued) James P. Hume Box 2738 Aspen, Colorado 81611 Anne H. & Peter J. Schwind Box 1447 Aspen, Colorado 81611 Walter P. Paepcke (Elizabeth H. Paepcke, Walter P. Paepcke Li.fe Insurance Trust - Elizabeth H. Paepcke, J. V. Spachner and Stephen McK DuBrul, Jr., Trustees.) Dorothy Koch Shaw Box 510 Aspen, Colorado 81611 Te1io J. & Angelina F. Caparrella Box 604 Aspen, Colorado 81611 NOTE: Although we believe the facts stated herein are true, it is understood and agreed that the liability of Aspen Title Company will be l,imi ted to the amount of th,e fee charged hereunder. Dated this 21st day of November, 1973 at 8:00 A. M. ASPEN TITLE COMPANY , ~ f,...... l / ,1 BY9l6Lf!t~~_ _~, Address information obtained from the tax rolls of the Treasurer of Pitkin County, Colorado. - Page 2 - . EXHIBIT "A" ATTACHED AND MADE A PART HEREOF REPORT #73-l1~08 LEGAL DESCRIPTION Parcel 1 A tract of land situated in HALLAM'S ADDITION to the City of Aspen, described as follows: Beginning at the East one-quarter corner of Section 12, Township 10 South, Range 85 West of the 6th P. M. (a 1954 Brass Cap), thence North 640 14" 17" West 904.35 feet to the Southwesterly corner of Block 90, Hallam's Addition; thence North 890 52' West 13.50 feet along the Northerly line of Gillespie Avenue to THE POINT OF BEGINNING; thence North 000 38. West 120.01 feet; thence North 890 52" West 59.90 feet, thence South 000 08' West 20.00 feet to the Northeasterly corner of Lot 6, Block 91, Ha11amts Addition; thence North 890 52' West 57.50 feet; thence South 000 081 West 100.00 feet to the Northerly line of Gillespie Avenue; thence South 890 52' East 119.QO feet along the Northerly line of Gillespie Avenut to the Point of Beginni,ng i a portion of the above described property also described as Lot 6 and the East one-half of Lot 5 Block 91 HALLAM'S ADDITION to the City of Aspen. Parcel 2 A tract of land situated in HALLAM'S ADDITION to the City of Aspen, described as follows: Beginning at the East one-quarter corner of Section 12, Township 10 South, Range 85 West of the 6th P. M. (a 1954 Brass Cap) ; thence North 640 14' 17" West 904.35 feet to the Southwesterly corner of Block 90, Hallam's Addition; thence North 890 52' West 75.00 feet to the Southeasterly corner of Lot 6, Blo~k 91, Hal1am.s Addition; thence North 000 08' East 100.00 feet along the Easterly side of Lot 6, Block 91, Hallam:~ s Addition to the Northeasterly corner of Lot 6 to THE POINT OF BEGINNING; thence North 890 52' West 57.50 feet; thence North 000 08' East 20.00 feet; thence South 890 52' East 57.50 feet; thence South 000 08' West 20.00 feet to The Point of Beginning. Pitkin County, Colorado. - Page 3 - MEMORANDUM Tp: Clayton Meyring I D~TE: February 7, 1974 i ~: Murphy permit application C~ayton, : The Board of Adjustment requested that I investigate the t~.t1e of C. F. Murphy to the extension of Lake Street and a jacent alley in Hallam's Addition where there is a permit a plication pending for a tennis court and fencing. I I It appears that although the street and alley appear on the W~llet's Map, Wh. en the area was annexed (North side Annexation) t e street and alley were not shown or dedicated to the City. C nsequent1y, any record of dedication that might have existed b~ reason of the Hallam subdivision did not survive and the C.ty did not claim any right to dedication at the time of a nexation. I It was on the basis of this that the title in the tract was q~1 ieted against the City in Lawlor v Hallam, et a1., Civil Action N . 4411. Consequently, I have no objection to issuance of the a plication at this time. Sandy Stuller City Attorney S S:sd c : Jenifer Pedersen Yfr;, S1/6 - 1'1' L;_ ~ AI L>,~ .- ~ ./' ~~p 1f~ =-~ ~~ <Z , ",,\ '",,\ ~}ur~';~\.~; v fr::~ll/J :~'.~. . . f"" "'t~ . \. l.'~~ if... ,""....... . 1 ' · c.....: ! 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