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HomeMy WebLinkAboutminutes.boa.19890928 CITY OF ASPEN BOARD OF ADJUSTMENT SEPTEMBER 28, 1989 SECOND FLOOR MEETING ROOM 4'00 P.M. A G E N D A I. CALL TO ORDER ROLL CALL II. MINUTES AUGUST 24, 1989 III. CASE #89-18 FONDA D. PATERSON IV. CONFERENCE WITH SANDY STULLER AND ROXANNE EFLIN REGARDING RESPONSIBILITIES OF HISTORIC PRESERVATION COMMITTEE AND BOARD OF ADJUSTMENTS RECORD OF PROCEEDINGS BOARD OF ADJUSTMENT SEPTEMBER 28 1989 Chairman Remo Lavagnino called meeting to order at 4 : OOpm. Answering roll call were Bill Martin, Ron Erickson, Charlie Paterson, Rick Head, Anne Austin and Remo Lavagnino. Josephine Mann was excused. MINUTES AUGUST 24, 1989 Charlie made a motion to approve the minutes. Anne seconded the motion with all in favor. CASE #89-18 FONDA D. PATERSON Charlie excused himself from this hearing because of conflict of interest. Charlie, representing the applicant: I would like to present the notice and the affidavit of notice. I apologize for Fonda's not being here. She was called to court for jury duty. I would like to say that last Sunday we reconsidered our application and moved the location of the garage to the other side of the building. You probably saw the 2 places staked out. We decided that on this other side we would only have to ask for a 2ft variance. Charlie showed photos and drawings of what was originally being asked and what is now being asked. The original request would require cutting down all of these trees for a new driveway. After staking it out, we decided it was too much of an impact and it was a large variance request. So we have relocated that to the other side where a driveway already exists which is a 3ft request. I would like to ask the Board if they would consider a change. He then showed new drawings. Anne: I would ask why you are considering putting it this way vs. this way. Charlie: There is no way that I can enter from the road if I put it this way. BAM9 . 28 . 89 Anne: I meant at an angle. Rick: Then he loses his walkway into the house. Remo: You can put this someplace else though, can't you. This isn't permanent. Charlie: This is my building envelope. So therefore there is no other place in this building envelope where this could work. We are going to rebuild the front because I have a sinking foundation. As I pointed out in my letter, this foundation is sinking and so we are re-building the front and moving it out 6ft which is not a part of my variance request. That is within my building envelope. And that is being done anyway. It has nothing to do with the garage. Remo: Well, it does to the extent that if you had put it this way, you wouldn't have that. Charlie: I have no way to enter it unless I build-- Remo: Yea. Where is your entrance here? Charlie: My entrance to the house is right here. Remo: But it could be here. Charlie: It could be here, yes. Remo: So this could be moved here and your entrance could come in this way. You were cutting a whole bunch of trees to get a garage in here. Charlie: Originally. But I think it is too much of an impact and loss of trees. Remo: But this is a walkway now. I don't think you are talking about a lot of trees being cut down. Charlie: Then I don't have a separate entrance to the house. In other words you are saying that I could place this--I would still have to ask for a variance. Remo: Yes. But it would be more amenable. Charlie: This is a bathroom window. There is also an outside faucet and a tree which I try to point out I am going to save. 2 BAM9. 28 . 89 This outside faucet is the only faucet in this area that I have for outside. So that would be wiped out. Remo: But that could be re-connected somewhere else. Charlie: We would lose the tree, that is for sure. I would still be asking a variance. Then I would have to come in this way. Anne: And you would lose some trees out here if you came in this way. And where you are indicating here-there are no trees here? Charlie: This is already a driveway where we park. So this is what I am asking for is this point here. This would be on the property line here. I tried to move this back and the minute I started to move back here I am encroaching on the side yard. And that just wouldn't work. Ron: What about neighbors? Do they have garages? Charlie: I would like to point out the unique situation of our property. Here is what I picked up from the Assessor' s Office. It is the Calderwood layout of all the properties. And this is the way it is shown in the Assessor's Office. Because of the way the River curves our property ends up half way in the River. I had to get a riverview setback to even build the house originally. I have also plotted the garages that are in my neighborhood. Just taking Calderwood alone there are 14 homes in Calderwood and 8 garages. One of them is a 2 car garage so that is counted as 2 . And that is what is in our neighborhood. These are across the river and these are down Waters Avenue. I am just counting these here. Then I took a walk up 1010 Ute and there 17 homes and 34 garages. Remo: Are they all meeting the setback requirements? Charlie: Yes. But somebody asked me "Are there garages in our neighborhood?" So I am only pointing out the garages in our neighborhood. I wanted to be prepared for that question. Ron: Garages are not by right. So if it is a luxury that the neighbors have then it would make me want to look more favorably on this request. Anne: I know that we have granted a variance for a garage across the street. Part of our consideration then was this street, the 3 BAM9. 28.89 trees and the unusual lot shape and the size and dimension of it. Also that this street has a real problem in the winter with a lot of cars parked on it and nowhere for the owners to park because of the density of the area over here. And so in this situation we felt that it was good to allow them to get their car off the street. Remo: That is what happens. I mean, Charlie has got 2 or 3 spaces right in front of his house. Right? Charlie:- 2 spaces- in- front -of the house. - - - - Remo: Is that on City property? Charlie: It is. Remo: Even though you have landscaped that? Charlie: I can show you on this here. Our property line is really here. So part--the rear part of the car--the cars go about this far and stick out this way. So it is partly in the ROW of the street. Remo: Oh, they do. And you have some planters somewhere here. Charlie: These 2 pictures here show the bridge. As I would re- design it right now the bridge is straight. And it shows the 2 planters and the parking area. I am really basing my hardship on the fact of the lot size and unique setout, the way the lot was placed on this Calderwood Subdivision. The fact is that I couldn't use my property any closer to the river. If this was not river, I would have a right to build this house within loft of my property line which would be right out here. I understood I bordered on the River when I was buying. I didn't quite know that it would cause a hardship later when I wanted to do something with it. But the fact still remains that I could have had this here and then I wouldn't have had any trouble even if I move this another 2ft. I could have had this within my property -lines. - - - - - - - - - - Remo: Bill, is there a standard length for a garage or a minimum length? Drueding: No. A parking space has to be 8 and 1/2 by 18 . They figure to park 2 cars you use about 500sgft which is 20x25ft. Charlie: I made that a minimal size of only 20ft. I pulled the car up here and I tried to see how we could walk around the back after parking and I couldn't get around the back with the door 4 BAM9. 28.89 closed unless I walked outside. If I did a carport to here and it was only posts which is an alternative route to go then I can walk around because I can walk around the posts. If the garage doors were closed and I have to enter this place, I wouldn't be able to get around to get in the driver's seat and I would have to open the door first. Drueding: The minimum is about 22ft. Charlie: I didn't even want to have to go 22ft. That is why I am only asking for the minimal variance. Anne: Would a carport be an acceptable option? Charlie: Not really for me because I am trying to get a closed- in area. Remo: Is there a reason for that? Charlie: In the hotel business we are a little bit like doctors. We sometimes get called out in the middle of the night and it is pretty hard to slog through the snow and uncover the snow off the car. I know that is not considered a hardship for this but since you asked me that is one thing that is moving me in this direction. I would like to have one vehicle that is completely closed in and away from the snow. It is a 4 wheel drive and I can drive out and I can go to the lodge in the middle of the night when I have to in an emergency. Remo: Wouldn't a carport in effect keep the snow off the vehicle? Charlie: It would. But it wouldn't be the same thing. I couldn't heat it. Remo: Is this going to be a heated garage? Charlie: I was planning to possibly heat it so the car would be easier to start. Then I wouldn't have to have a special cord that connects up to the outside. There is also a new elevation. This elevation shows the impact as a little bit less. This is the new part here. As you see this new roof coming out and then this would be the garage with a walkway. That is an open walkway to our entry. That was the idea. (There was terrible noise in the speaker here) You can see a garage roof from the side. That is a side view here. This would be a front view of that same part with a roof. Now we are going to have a flat deck with a continuing over the 5 BAM9.28.89 top of the garage. So what we want to do is the least impact as possible. The less trees we have to take out and the less impact on the neighborhood as possible. The new request would be 3 x 13 . Anne: Remo, in a situation with the neighbor across the street where we were trying to do a minimal impact we went a did a site inspection. Do you think in this situation that we would benefit by doing that? Remo: I went and looked at the site. I saw the tree and I saw the water main coming up. I think both of those, to my personal view, I think both of them can be moved to another spot and the garage put in this configuration where if there is a variance it would be minimal. Whether it conflicts with what he wants to do with the entryway I don't think that is our problem. I am just saying in the existing floor plan that we can get it in. I mean this variance is so small as to be almost non-existent. He doesn't even have to put it in a square wall. That is nothing. Anne: You are the only one that looked at the site with this idea in mind. Charlie has changed his proposal. Remo: When I saw this plan and before I went there I took this-- I did this before I looked at it. And then I went down there and I realized "My God, this thing, there is no trees in here. He could come right in here. And there is a lot of impact here. A lot of trees down here. And I am saying that you still, by using the bridge, might have to move it and take less trees out because the impact is narrow to your entrance that could be on this side in here. Charlie: I couldn't build a new entry here. This is what I feel I need this extra space. Remo: But it still can be there is what I am saying. And this configuration can be something to adapt to having a garage there. I don't know. I am not designing this for you. I am just saying there is a place here to put this since you were going to remove this wall anyway. Charlie: The whole front of the house will be a driveway right here. And all these windows here which are now looking at a nice quiet tree view would be a driveway. In other words we would have a driveway cutting into this part and that-- Anne: But you would also be cutting trees. Whereas with the other option it seems like there would be less impact. Remo: There are no trees. 6 BAM9. 28 . 89 Charlie: But if you will look at the elevation you will see that this couldn't be built. The way this comes out could not be built. This would be garage and you couldn't-- Remo: Are you talking about the upstairs now? Is this an upstairs now that you are showing me? Charlie: You could build this over the garage is what you are saying? Remo: Yes. I mean I am not designing this for you, Charlie. Charlie: I didn't think even that that was an option. Ron: By the way I want to make a point here. On your old application you are showing 11 6 here, 11 6 here that if my map is correct that this area of square footage (several people talking) Charlie: There is a driveway in here. It is the block that has the grass growing through it and we were planning to leave that so that this would stay grassy here. Anne: Because I know in here there are some really big Aspen trees. Charlie: Right. In this whole area there are. Ron: Which you would have to remove if you put the-- Charlie: If I brought it in this way I would probably have to remove most of these trees here. Again all of the front of my house would be looking at these trees. To make a swing, even if I took the bridge out, I would still have to--because you can't bring a car in like this and make it straight. That is why I changed that scenario because it didn't--I really had second thoughts about removing all of those and that is why I show this one picture here because that would be all removed as you see it here. Rick: For what it is worth, Charlie I would think from a fiscal point of view this scenario here would probably be much less expensive to construct than to have it detached and more than offset the cost of moving that outside spigot over to another area. Charlie: Well, the bathroom window also. That is another problem. 7 BAM9.28 .89 Rick: He would lose the bathroom window. Anne: That is why I asked if a carport would be acceptable because of that situation. Then there wouldn't be the impact. Charlie: If you didn't grant the variance, I probably would build it here as a carport then cut that off and just make my 18in overhang which I am allowed. Remo: And he can enclose all the area that is under it within the set back? Charlie: I could enclose that. I could not have a door on that so that would take- that away. Ron: I want to point something out. There was a misconception created when Rick asked Charlie how much--what is the square footage of the variance he is requesting if he moves the garage from the east side of the house to the west side of the house. And he said something like 39sgft, 3 x 13 . And that looked like it was greater--that he was asking for a bigger variance than what it was. When, in fact, when I did my calculations on here the original was--he was looking for something like 64sgft of variance and now he is only looking for 39. Drueding: He is not asking for a floor area variation. Just the distance. Rick: In this scenario you could even put in a door into the garage without having to go outside like you would if you had to go out on a cold night and open the garage door. I think you could make this to look very much like the rest of the house and make it look like it was part of the house except for the garage door. From this side you could have windows along there and it could be quite attractive. Remo asked if there was anyone from the public who would like to comment. Marsha Goshorn, representing the Aspen Townhouses By The River Condominium Association which is 13 townhouses that is to the west of this. While we don't necessarily object to this particular plan because of the way he is set on the lot and with the trees in front, it is not really going to damage what the neighborhood looks like. But we would like it in the record that we don't think this should be used in the future by other people in the neighborhood as a precedent. This is one of the few lots in the neighborhood where you wouldn't impact the load of the street because you really won't even be able to see it particularly from the street because of the way that the 8 BAM9 .28.89 landscaping and everything is done there. But it is one of the few lots in the neighborhood where that is the case. Remo: We don't act on precedent. We act on the unique situation with each individual case that we hear. We also don't use aesthetics as a precedent either. We don't even use it as a criteria for reviewing cases like this. We are really looking at to see if the applicant has a unique situation that he is being deprived of a property right or usage of that property due to some unique circumstance on this property that would allow us to grant him a variance. Or else you all come under the same zoning laws that everyone else has to abide by. And the garage in this case is not a right that you have to have but it is another if you can put it in within the confines of your setbacks and on the lot legally you are allowed to have a garage. And he is coming to us because he is infringing on those setback requirements. Charlie: One more point. The neighbor to the side most affected spoke to me on the phone yesterday and had received the paperwork but didn't know quite where the location was because there was no plans. And I explained very clearly exactly what we were proposing on the change. So the neighbor closest affected lives in Denver and they are here during the holidays mostly only a few days. Remo: But we don't have a letter or anything. Charlie: I spoke to my neighbor. She just wanted to understand. I said I was not infringing on the side yard setback which would affect her as a neighbor because I plan to build on the property loft from the property line. Anne: Read into the record a letter from Harriet A. and Thomas J. Larkin who live at 1025 Waters Avenue directly across the street from Patersons. Larkins stated their support of the granting of this variance. (attached in record) Remo: That, by the way, was also a garage that we granted a variance to. Martin: What is the setback on the property? Charlie: The front yard is 25ft. That is the problem. Side yard is now loft. Originally side yard was 5ft. About 3 or 4 years ago it was changed to loft on the side. The hardship is the 25ft because of the River. Martin: And you are going 3ft into the loft? 9 BAM9.28.89 Several people answered this all at the same time so I couldn't understand any of them. Remo then asked for the Building Dept. comments. Drueding: The requirement the front yard setback is 25ft. I believe this is a substandard size lot and the Stream Margin Review--What I am saying is that normally the 25 feet is set at 8, OOOsgft lot. He has something smaller than that. Remo: Are you saying that because he has a substandard size lot, we should give him greater consideration? Drueding: I am just pointing out that this is a substandard lot. Charlie: I have an even smaller lot because of the river cutting through the property than anyone else in that neighborhood. Ron: Prior to the adoption of Ord. 74 whatever number it was that changed it from a 5ft setback to a loft setback, Charlie could have put the garage further back on the west side of the building and without getting any front yard setback. He wouldn't have needed any side yard setback. It wasn't in existence when he bought the lot. It was something that happened through no fault of the owners. That could be a hardship. Charlie: I would make a point then if the Board has an objection to this front, perhaps they will grant me the side. Rick: I know you are going to access that garage into the present situation. Charlie: Just the way I show that driveway. Rick: From the house. You walk outside--you have to go outside to get to the garage. Charlie: There is a balcony that goes over the top of this. So as you walk out it is covered. This is open area on the walls, closed here and open from here all the way around. So you walk out here under cover. But this is open to the light and air right here. This is open so that this window still functions. There is a gas meter here also that I forgot to mention. That is also a consideration if we move this. I don't know where we would put it. Remo asked if there was any further comment. There was none and he closed the public portion of the meeting. 10 BAM9 . 28.89 Rick: This is a tough one. I am tending at this point to side with Remo regarding his remarks about turning the thing around. I actually prefer that and it would be a much smaller variance request. There some arguments to the other side. Again, mostly aesthetic. The trouble with coming before your own Board, Charlie, as you know, we are much tougher on you than we probably are anyone else. Unless I am swayed I am in favor of denying this variance because I see another way of doing it that you may not really want but that I feel minimizes the request. Ron: First of all I think the man came here and up front he tried to minimize his variance request. It is one of the few times I have ever seen that happen in front of the Board. Maybe it is because of Charlie's experience here. I think that there is a hardship because of the shape and size of the lot. Being in the lodging business, I can sympathize with the gentleman who doesn't want to walk out in 3ft of snow to take care of a stopped up toilet at his lodge. I think that the variance he is asking for he has minimized 2 ways. One, by moving to where he wanted it originally. Thus being sensitive to the environment and the landscaping and trees on the side. And 2, by reducing the size where he has really got a minimum garage. He has not maximized the size of the garage in any way where he has given himself extra storage space or anything else. I think you mentioned that there is a way of putting it on the lot that makes it easier for him--probably less expensive for him and probably makes more sense from a lot of different points of view. However, in order to put the garage that way he has to destroy a bunch of trees and landscaping and that he doesn't want to do. I go along with that. I think he is using existing driveway. The impact is minimal. He is asking for a minimal structure. And he is asking for a minimum variance. I think the change in the code last year has given him an additional hardship with the side yard setback. So I would grant the variance. Rick: I am moved about the argument of removing trees. But you had planned to do that with scenario on this side so I don't really find that--these trees can be moved. They don't have to be destroyed. They can be moved. They are not greater than bin in diameter. Ron: They can be moved but will they live? That is the key. By law he can move them anywhere on this lot. He has chosen not to 11 BAM9.28 . 89 do that although by law he can remove them. He chooses to save the trees on this lot. If he has to dig them up, I suggest that many of them will not survive that. Anne: Especially if they came up naturally. They are on a runner root. Ron: And I think that originally he did not understand that and he realized that and he is coming to us with a new plan that minimizes the destruction of the flora on his property. And minimizing the variance request at the same time. Rick: Let me ask you a question. The only reason he does not want to use the scenario that Remo has outlined here is because he has to move a gas meter and he disrupts the entry design that he has planned? Ron: No. Rick: He doesn't want to walk out into the driveway? Ron: He mentioned those things but that is not the reason I see. If he puts it the way you want it put in like this then the only way the driveway can come in is like that. What he doesn't want to see destroyed is this landscaped entranceway. He is designing the garage--I don't think that the way you want to put the garage makes a great deal of sense. I think he would get kicked out of the architect's union. I think he is doing it not because there is a meter here so much as all of this area in here that has to be considered. It will be disrupted. There is a tree here. I would like to see that one saved. It is a nice big beautiful Aspen. I am not worried about the gas meter. I am not worried about the faucet. I am worried about the entranceway and how he has to swing that driveway in to access his garage safely. I think he is going to lose an awful lot trees this other way and I don't want to see that happen. Especially when the neighbor called and said ' you have such a beautiful landscape out there. And he won't even be impacted by it. Anne: I have to agree with what Ron said. I know that we don't think a garage is a hardship. I think that the change in the zoning that minimized that side yard setback has impacted him. I feel that the shape and the size of the lot has impacted him. The fact that there is a 25ft front yard setback for R-15 which normally is a much bigger lot and this is basically a substandard lot. I can see that as a hardship. 12 BAM9. 28 .89 The fact that this new proposal will minimize the number of trees and landscaping to be changed. I think that is in favor of the project. The other thing--historically this street has had a real problem with traffic and the parking and snow removal. I would like to see more cars get off the street here. And I think that this garage is going to help that situation. I am impressed that the applicant came back to us with a new idea that minimized the removal of these trees and reduced the variance requested. I suppose that ultimately he could go with a carport there -but -then he doesn't have the heated- capabilities that he needs to be able to get out at night and so I would lean towards giving the variance. Martin: I am going to have to agree with Anne and Ron. I think that they have covered the points that I would have covered. I think the owner has been fair. He has reconsidered it. He wants a new entrance. This appears to me a much more presentable front with the square front garage. I think it has less impact. The trees--he has already got a compacted driveway. I think it will be less expensive to him. I would go with Ron and Anne. Remo: My comments will be to the point. If he doesn't go this way I think Charlie is going to go this way. I think he should go this way. And he is going to have a carport there with 3 sides enclosed and the front being open with an 18 inch extension into the setback. And in effect he is going to have a semi garage. It is going to protect the car the way he wants to protect the car. Getting cars off the street, Anne, this is in fact as you said a place to park a car. So whether it is here or under a roof is not getting a car off the street. The car is going to come off of here anyway. The snow removal will still take place. If he parks a car onto his property here it is in effect the same thing as if he had a garage. Ron: I don't think so. He is increasing the number of off- street parking spaces because there is no parking area here now. And there still exists an area for the garage. It is still 2 cars parked off the street. There is a net increase in parking area off the street. Remo: My considerations are since he was going to take the trees off and since we are required to grant a minimum variance that I am not in favor of granting the variance the way it has been brought to us. Drueding: He could build 3 sides. 13 BAM9.28.89 Ron: I know. Remo: Yes. That is what I am saying. With the front open with an 18 inch extension of the roof. Ron: So what he is asking for is a garage door. Rick: So in that context he can build the thing anyway. All we would give him is a garage door. Remo: I thought he- was- asking for a variance- of 3ft by- 13ft. Was he or wasn't' he? Ron: That is correct. Remo: So he is not going to get his 3ft. Ron: He is going to get half of it. In essence what he can build is a foot and a half less than what he wants and a garage door. Remo: Well, no sides. The sides don't come out. Can you put posts in that 19 inches? Ron: Sure he can. Remo: To hold up the overhang. Drueding: No. Remo: That is what I am saying. So he can't build in that.. Drueding: No. He can come out here on the side and hang over 18 inches and have no front door. Remo: And no post holding that for overhang. Martin: The posts could be back in 3ft. Remo: They could be anywhere they want. But the thing that goes into the 18 inches is just the roof. Rick: So, Remo, what we are fighting over now is that 18 inches for the garage door. Remo: . I am not fighting anything. Rick: He is going to build that thing one way or the other. The impacts are going to be about the same as if we had granted him the variance for the garage door. 14 BAM9 . 28 .89 Remo: One way we are saying a statement and the other way we are not. MOTION Ron: I make a motion to grant the variance as revised according to these plans. These become part of the records. And that is a 3ft variance for garage on the west side of the house. Anne seconded the motion. Roll call vote. Rick, yes, Anne, yes, Ron, yes, Martin, yes, Remo, no. Variance approved. Meeting was adjourned. Time was 5:05pm. (�Oee-zj �—/W/ Janice/M- Carney, C 'ty Deputy C1 15 JeDt. 25, 1989 the City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colo. 81611 Lear Sir, We are writing concerning Fonda. Patcrson's request for e variance on lot 13 Calderwood located &t 1104 Waters Ave. As immediate neighbors accross the street, we fully ui-derstand the impact of this variance. Acting on this knowledge we fully support the prasin6, of this verience request. owes J La in ,;a et z.,rk 025 Wbters eve. Aspen, Colo. eL1611