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HomeMy WebLinkAboutminutes.boa.19890713 CITY OF ASPEN BOARD OF ADJUSTMENT JULY 13 , 1989 CITY COUNCIL CHAMBERS 4:00 P.M. A G E N D A I. CALL TO ORDER ROLL CALL II. CASE 89-13 MARK AND SALLY SIMONS RECORD OF PROCEEDINGS BOARD OF ADJUSTMENT JULY 13 1989 Chairman Remo Lavagnino called meeting to order at 4: OOpm. Answering roll call were Ron Erickson, Rick Head, Josephine Mann, Charlie Paterson and Remo Lavagnino. Anne Austin was excused. CASE #89-13 MARK AND SALLY SIMONS Remo read into record variance request. (Attached in record) Mark Simons: Presented the affidavit of posting. I would like to say that I have been trying to figure out some way to do it within the law without getting a variance. What I come up with is a very thin structure that looks like a closet. At this point I figured I couldn't do anything without a variance. Charlie then asked for drawings and everyone studied and discussed the drawings. Ron: Without knowing anything that is in here I see other ways of doing this. If that is the case to minimize the variance I might be leaning to turning down this variance because it could be done someplace else or in some other manner. Rick: In your undivided 1/2 interest was there an agreement drawn between the 2 of you as to who gets to use the back yard? Doug Tompkins, neighbor: There is a separate agreement about the use of the property from the lines drawn. Right. Not condominiumized--a separate use and maintenance agreement. Josephine read into the record a letter from Susan Woods stating support of the variance. (attached in record) Rick read into the record a letter from John McCormick stating objections to the request. (attached in record) Remo asked for comments from the public. Doug Tompkins: I have lived in the other half of the house for the last 14 years. I am in support of it because of the intent mainly. Mark was born and raised in Aspen and basically we are trying to provide some housing for him. He and his Mother are good people to have in the community. So I am for this. There was no further public comment so Remo closed the public portion of the meeting. BAM7 . 13 . 89 Mark: I don't know what it takes to prove a hardship. Remo: It was all in the packet you must have gotten from the Zoning Department. It is all listed in there. And the burden of proof is on you to show us what your hardship is. From my point of view what you have shown us is that this is really a convenience for you. You are not being denied a property right in the use of this land. You could utilize that as a 1 car garage. A garage is not a property right. It is something that is a convenience for you. If we are just going to go by these plans I would say we could wrap all the needed usage around this side of the house where you have this patio and come in through this within the setbacks and therefore you wouldn't need a variance. The amount of space that you need for a living space here is arbitrary. What you have wanted in the setback here, you could put on this side according to this plan that you have shown us. Unless we have other evidence that it is impossible for you to put it on this side-- Mark: No. It is not impossible. The problem is she looks out this window and sees this giant building out her window. Remo: In effect she is still seeing that. The burden of proof is on you to show us that you have a unique situation here or practical difficulty or a hardship. It seems to me that you haven't proven that to us. You don't have to have a 2 car garage. You would like to have a 2 car garage. You can have it if you meet the setbacks. But just because you think you need it doesn't mean that we can give it to you. Everyone could come to us with the same kind of presentation that you have given us and say they need the space. If you sell this property right now, all of a sudden that need that you had disappears and we have a situation where we have this structure within the setbacks and what you wanted it for all of a sudden that need is not there anymore because someone else has some other need. But we are stuck with this infraction into the setback. So from my perspective alone I don't think you have shown us that you have a practical difficulty or an unnecessary hardship. Charlie: You have a right to enjoy property rights enjoyed by the neighborhood in the same vicinity and zone. If you had no garage at all on this house and everybody next to you has a garage, you might have some property rights and an argument. 2 BAM7 . 13 .89 Remo: But that still doesn't mean you are going to get a variance. And if everyone is doing it within the setbacks and you don't want to then you are enjoying more of a property right than they are because they met all the qualifications of putting their structure within the setbacks. We can't consider a convenience for you, financial consideration, or aesthetics. Josephine: I would like to support the things that Remo has said. These special circumstances and practical difficulties do - not - include--aesthetics- and finances and personal problems. - -We- are dealing with the zoning codes of the City so your special circumstances and practical difficulties have to be related to that as a problem. Instead of closing the possibility of a variance off today we could table this to a date certain. This would give you time to think this over and re-work this and if you don't need a variance--great. But if you do need a small one then we can try again. Ron: We are required by law to give the smallest variance possible that will satisfy your hardship and practical difficulty. Bill Drueding: That is the code. These are the setbacks that are required. That is really the only comment I have. What I have a comment now about the Board is that sometimes you want to give somebody something when it still is not a practical difficulty or hardship but they return to you with a lesser request and then you say "That is OK" . If he can't prove a practical difficulty or hardship now, how is he going to do it later? You can't let them come back with a less request and then say it is OK. Remo: It looks like there are solutions there that you wouldn't have to come before us. MOTION Rick made a motion to table this case to a date certain of July 27, 1989. Ron seconded the motion. 3 BAM7. 13 .89 Charlie: I don't see any sense in tabling this. I don't think he can prove hardship or practical difficulty. Roll call vote: Ron, yes, Rick, yes, Josephine, yes, Charlie, no, Remo, yes. Remo told the Board members of a joint work session between Historic Preservation Committee and the Board of Adjustment on July 26th. - - - - ELELCTION-OF _OFFICERS- - - - - MOTION Ron made a motion that the current chairman and acting chairman be re-elected to their positions on Board for the period of one year. Josephine seconded the motion. Roll call vote: Ron, yes, Rick, yes, Josephine, yes, Charlie, yes, Remo, yes. Ron made a motion to adjourn the meeting. Rick seconded the motion with all in favor. Time was 4 :50pm. Ja ice M. C ey, ity D uty Clerk 4 NOTICE OF PUBLIC HEARING CASE #89-13 MARK AND SALLY SIMONS 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, 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 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 your 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. Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: July 13 , 1989 Time: 4 : 00 p.m. Owner for Variance: Appellant for Variance: Name: Sally Scheig Simons Mark and Sally Simons Address: 1237 Snowbunny Lane Location or description of property: Location: 1237 Snowbunny. Lane Variance Requested: Property is located in the R-15 Zoning category. Corner lot rule has the side yard at 16 and 2/3ft. (Sec 5-202 (D) (4) Land Use Code and Sec 3-101. Applicant appears to be requesting a 4 and 1/2ft rear yard variance and a 6 and 1/2ft side yard variance. Rear yard setback is loft. Will applicant be represented by counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney, Deputy City Clerk i �s r, ?n