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Home My WebLink Aboutlanduse case.boa.1390Riverside.028B-72 ,. , , -- APPEAL TO BOARD OF ZONING ADJUSTMENT CITY OF ASPEN DateD~~. L\ R7Z Appellant DDl\~ ~to~ Case No, ?~ -,;2..11 Address,?-O. '&)( 3'\~\} ~~ Owner ~lC Address SruY\.e. Location of Property \\~'Q.,^}.U(llA %7.. \3<)0 ~\\)~'( S\.A~ ~ \,J- l M~ & "NUii1;er of sUbJivis~o~ BIO~'( & Lot No~r :tl:::- Building Permit application and prints or any other pertinent data must accompany this application, and will be made a part of Case No. "/ d- - .?-? The Board will return this application if it does not contain all the . "0 1-1 tll >< Q) "0 ..-1 Cf.l Description of proposed exception showing justification: "5E:.€:- ~ ~~~ 9 S. ..-1 s:: ..-1 ::;:: "0 s:: tll facts in question. "0 Q) .j.J .j.J ..-1 ~ Q) p.. Signed "' Q) "' ::l r-. _ tJ '-" '" I "r Provisions of the Zoning Ordinance requ~r~ng the Building Inspector u to forward this application to the Board of Adjustment and reason ~ for not granting permit. . APPLICATION IS MADE FOR A VARIANCE TO PERMIT AN EXISTING STABLE TO REMAIN ~ ~ TEMPORALLY WHICH HAS A SIDE YARD OF ONE FOOT AND IS APPROXIMATELY 50 FEET ~ FROM A PRE-EXISTING DWELLING ON AN ADJACENT LOT. ~ FARM AND GARDEN BUILDINGS AND USE ARE PERMITTED PROVIDED SUCH BUILDINGS ARE~ 100 FEET FROM PRE-EXISTING DWELLINGS ON OTHER LOTS. THE ~IDE YARD I~ Status \![~g~ -' .~ Permit rejected date Decision Da Application filed Date of Hearing Mailed Secretary 'r JUSTIFICATIO~! ""I am requestinl; to retain a stable shed which presently exists and does not meet the five (5') foot side yard set back requirement.tnat also does not meet the requirement that it be one hun- dred (100') feet from a pre-existin~ dwellin~ on an adjacent lot. 'rhis variance request is only temporary as I fullv intend to remove it next spring, 1973. I feel that an explanation as to whv the stable was built where it was is in order. I could have acquired a permit to build it right in the middle ~f my yard, meeting all setback and adjacent build- 1n~ requirements. This, I felt, was not the best location as it would mean locating it in a most conspicuos location, visible from all directions and not in the best interest of mv neighbors. It ,__l~ould have also necessi ta ted the removal of all _~f the beautiful trees in the yard. As it is, the shed, for the most part is hidden from view ,and required no tree removal. ~he stable was constructed in a most substancial way and blends with the environment as natural ,tree Siding was used. .Its purpose is to house, for the winter, tl^TO horses which otherwise would be left out to face the winter weather without protection. I feel it is advantagous to the neighborhood as it ~reat- ly facilitates cleaning and was~removal, reduces to nil any odor and insures that the horses will -not break through the fence and onto the highway at night. As possess10n of horses on my property 1s not illegal the removal of their stable does not el- im1nate the1r presense. I am, at the present t1me, negoc1at1n~ fervently for a large acreage which I can move onto th1s coming summer thereby selling my present house and removin~ the stable in question. Therefore I plead that you grant a tempory variance to allow the structure to remain in 1ts present location. Thon' YO" - - J!lJ. '7n- < r2..t and hlo L;? horses. .--.~ "'"' "'" '-' NOTICE OF PUBLIC HEARING Case No. 72-28 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 Offi~ial Code of Aspen of June 25, 1962, as amend- ed, a public hearing will be held in the Council Room, City Hall, Aspen, Colorado, (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 Resolution, Title XI, 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 your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious con- sideration 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: December 21, 1972 3:00 p.m., City council Chambers Name and Address of Applicant for Variance: Name: Address: Doug McCoy Box 3721, Aspen, Colorado Location or description of property: Location: Description: 1390 Riverside Sub. Lot #1 Variance requested: See Attached Duration of Variance: (Please cross out one) Temporary ~~ THE CITY OF ASPEN BOARD OF ADJUSTMENT ~ BY vJi.II)it; - ~ t; P ADJACE~1'r PROPERTY OH'NERS ,Leroy Thompson Box 585 . ASpen, Colo. Leander N. Kalin Box 80297 Lincoln, Neb. 68501 Michael & Dana Ohnffiact _.Jlox 1172 ~~Aspen, Colo. Toni & Ilse Woerndle Box 137 Red River, New Mexico 87558 Horst Balken Box 630 Aspen, Colo. j\ 1), 'r\b.tt.~~.~~ ,.'--'1., ) / "" ,:/......-. \./ 25 January, 1973 Aspen Board of Adjustment Box V Aspen, Colorado Dear Sirs: I understand that you will be considering a temporary variance for a horse shelter for Mr. Doug McCoy in Riverside Subdivision. It is a matter of record that the horse shelter is both illegally placed and built without a building permit. Further, I do not subscribe to Mr. McCoy's ecological reasoning (i.e., to save the trees) for the placement of the shelter since he has allowed the horses to strip the bark from the same trees. I do hope that you gentlemen have visited the site and are aware of the very "limited" amount of acreage available to the horses. If you do grant a temporary variance, the date for removal of the shelter should be set no later than 30 April, 1973, at which time warmer weather will occur. Sin!erelY., I~ _ '~:fku ~ Ellen Harland jy v ") ~). :1" )' ,,-, ..,' ':;' __'S I J rc c ^, T '!..! I '". Ie :in .~ 3n -0"""-:- ___ ..l"'. ,., 1..,. /.., "e- . , . T 01'- '-.'-'. L'...'.. ") ~'t:~..'i ~c':'::,):r 0:" .-,- .J-'''": c , ,-) (1 .~"'"' J.."", ~ .... L;' L" T T 12 _~(> ":), ~_0T :;;-...; '. C"::,.> ~, OC _J~.':' 'J s, T L" '-.J J: C') c. ~_~:. 'C:-,-' ;C " Oi ~ 1.-:':> I T I - --.Y C:)' ." ) r ''l0-~'--- T H '..1..- " 7-:' -7 :: ",'7:-:',. . _'0 (it~C:J ti01~. '=0 ,', , "_:__c: so (.. /7f{t~~. ~,.a,.41lM-C o Law OFFICES 0, \\J ~~ l): lcr / JaMES E. RyaN JAMES E. Rnl.N PAUL G, MATT III 214 SHARP BUILDING LINCOLN, N..RAsKll 68508 December 29, 1972 TELEPHONE 402/432-3345 Board of Zoning Adjustment % City Clerk Aspen, Colorado 81611 RE: Case No. 72-28 Doug McCoy P. O. Box 3721 Aspen, Colorado Gentlemen: I represent Leander M. Kalin of Lincoln, Nebraska who is the owner of the pre-existing dwelling on the lot immediately adjacent to the location of the property designated as Highway 82-1390 Riverside Sub Lot *1, which is owned by Doug McCoy. Mr. McCoy has constructed a barn to house horses on the lot line separating the properties which lot is about fifty feet from the home of my client. Mr. Kalin has furnished me with a copy of the appeal of Mr. McCoy to this Board seeking a variance to permit his barn to remain temporarily on the involved side yard. Mr. Kalin's daughter lives in his home in Aspen and he has conferred with me at some length with reference to Mr. McCoy's application for the variance and I have reviewed the appeal to this Board including the purported justification for the variance as presented by Mr. McCoy. I believe it is important to point out first of all that the barn is housing two horses and that during this weather, there has been a strong and undesirable odor in Mr. Kalin's daughter's home, because of the closeness of the location of the barn to the home. This odor makes it difficult for Mr. Kalin's daughter to live in the home and even a tempoary variance, as requested by Mr. McCOY, is completely undesirable. In his justification, Mr. McCoy does state that he intends to remove the barn the spring of 1973 and then move from the present location in the summer of 1973. He does not set any specific deadlines for the removal of the barn and his moving from the present location and my client feels strongly that there will be difficulty in determining when next spring and next summer come along and my client's daughter will still be faced with the problem and the undesirability of a barn being located so close to her home. Contrary to Mr. McCoy's Board of Zoning Adjustment Page Two December 29, 1972 stating that the location of the barn is advantageous to the neighborhood and blends with the environment, this situation does not exist from the standpoint of Mr. Kalin's daughter, because there is the aforementioned odor coming into her home from the barn and the location of the barn within fifty feet of the home definitely is not in keeping with the environment and has no advantage to the neighborhood, rather, the building of the barn in its present location has not only caused the undesirable results mentioned above, but it has substantially reduced the value of my client's home. It would seem to me that the construction of the barn in its present location is such an extreme violation of the required side yard spacing that this Board should order Mr. McCoy to immediately remove the barn from its location. I am sure that the members of this Board realize the purpose of the side yard requirements and the necessity of having compliance with these requirements to assure the city of an orderly growth, and continued attraction to people to move and live there. At the present time you have a city that well deserves the pride of its residents and their visitors. It is the lack of enforcement of the side yard requirements, etc. which leads to a city's deterioration. Mr. Kalin and his daughter will be appreciative of your denying Mr. McCoy's request for the involved temporary variance. Please advise me of the result of this appeal. RYAN