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Home My WebLink AboutLand Use Case.725 W Bleeker St.0026.2004.ASLU City of Aspen Community Development Dept. CASE NUMBER 0026.2004.ASLU PARCEL ID# 2735-124-45-008 CASE NAME 725 W Bleeker Design Review Appeal PROJECT ADDRESS 725 W Bleeker PLANNER James Lindt CASE DESCRIPTION Design Review Appeal REPRESENTATIVE Graeme Means DATE OF FINAL ACTION 06/15/2004 CITY COUNCIL ACTION PZ ACTION Denied ADMIN ACTION BOA ACTION DATE CLOSED BY 09/20/04 D DRISCOLL fie A.i6lI~ RoutinglJOlOlY I .condition, Mail ] R~Sl<II'" I AAMOJl Peri Type Addle.. 1725 WBLEEKER ST CIty IASPEN ---Pemiillrtlllii1otion M.....P.....[ p.....1 0",,,,,,,,," rESIGN REVIEW APPEAL SWnitted[GRAEME MEANS 925-9150 r V.bIeonlheweb? v -0_ Last Name Phone 11970} 925-7075 l;I 0.....<1. Aw/icont? Last Name Phone !i97O} 925-7075 ~-tliepermidO;a~ . Tab ""'" ., ~ H\(iC I Soh fenrjt. I y- P..coIt I C\J$lOOlF(OId; I r~ Peri # 100262llJ.\.ASLU ApV5....1 s....1Cil::J I Pttlic C_ reeS..,..,.,. ~ Cil & ~ ~ 181 z;, 181611 :,;1 .:2J :1 ~ .., Routing Queue I.,., St_lpen<ing AwIed 10412012llJ.\ EJ "waved I-I F..oIl EJ E..,.., 10411512005 EJ &I II (!) rI [!J :,1 .:2J Clock IR....oilll ooyo r-;- P.....ID; I :ll5el F'" Name IpAULAANO BARNEY r W BLEEKER ST ; PEN CD81611 r,,'NameIPAULAAND BARNEY C\J$l # 125229 r W BLEEKER ST ;::'T PEN CD 81611 J9. ~ - RO<:Ord:lO/S- [Je,^~~ /rJ; P2: oc/\ ~/iS!{jJ :JI:c, MEMORANDUM TO: The Aspen Planning & Zoning Commission Joyce Allg:dr~puty Director of Community Development Scott Woodford, City Planne~ THRU: FROM: RE: 725 WEST BLEEKER STREET, VARIANCE TO RESIDENTIAL DESIGN STANDARDS, RESOLUTION No. ~ SERIES 2004 DATE: June 15,2004 Photo of the existing house from Bleeker Street The applicants propose to remodel and add on to the existing house, including a one bay garage to be accessed from Bleeker Street instead of the alley- therefore, a variance is necessary. PROJECT: 725 WEST BLEEKER STREET REQUEST SUMMARY: Variance to the Residential Design Standards requiring that garages be accessed from an alley where one exists ADDRESS: Lots C & D, Block 18, Original Aspen Townsite ZONING: R-6 (Medium Density Residential) ApPLICANT: Barney and Paula Eaton, represented by Graeme Means, Graeme Means Architecture STAFF DENIAL OF THE VARIANCE TO THE RESIDENTIAL DESIGN RECOMMENDATION: STANDARDS 725 WEST BLEEKER STREET STAFF REpORT PAGE I PROJECT SUMMARY: The applicants propose to add on to their existing 1,548 square foot house, increasing it to 3,240 square feet, which is the maximum floor area ratio (fAR) allowed in the R-6 zone district for the applicant's lot size (6,002 sq. ft.). The new residence will comply with all other zoning requirements. Part of the expansion is construction of a one-bay (two car deep) garage, which the applicant proposes to orient and access via Bleeker Street and not from the adjacent alley. While the property does not currently have a garage, the house has traditionally been accessed from a driveway and curb cut off of Bleeker Street. The applicant requests a variance to be able' to access the garage from Bleeker Street, even though the Residential Design Standards require that garages be accessed from an alley where one exists. REVIEW PROCESS: The applicant requests the following land use approval for the proposal described above: 1.) Residential Design Standards Variance; According to Section 26.410.020, variances to the Residential Design Standards may be granted by the Planning and Zoning Commission, Board of Adjustment or the Historic Preservation Commission; In this case, the staff believes that the Planning and Zoning Commission is best suited to review the variance requests of this nature. final Review Authority: Planning and Zoning Commission. BACKGROUND/EXISTlNG CONDITIONS: According to the City of Aspen GIS, the existing house was constructed in 1977. PREVIOUS ACTIONS ON THIS LOT: To staffs knowledge, there have been no previous land use actions on this lot. STAFF COMMENTS: RESIDENTIAL DESIGN STANDARDS; The Residential Design Standard from which the applicant is requesting a variance is described below (Section 26.4l5.01O.C.l): C. PARKING, GARAGES AND CARPORTS. The intent of the following parking, garages, and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. 725 WEST BLEEKER STREET STAFF REpORT PAGE 2 .......--....,....",-'".., I. For all residential uses, parking, garages, and carports shall be accessed from an alley or private road if one exists. No. Yes. I !~ Street. REVIEW CRITERIA: According to Section 26.410.020 of the Land Use Code, an applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: I. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. STAFF POSITION: Staff finds that the proposed variance does not comply with criteria (1) or (2) and therefore, is recommending denial of the request (See Staff Findings in Exhibit A for a full explanation of the staff position). Essentially, staff believes that the proposal to access the garage from the street and not the alley does not conform to the predominate neighborhood character and that the unusual site-specific constraints (i.e. sharing an alley with a restaurant) can be adequately mitigated through better parking enforcement. The applicant believes that the request complies with both criteria, but specifically with the criteria #2. They contend that the subject lot has site-specific constraints owing to the proximity with the restaurant across the alley and the congestion that is associated with it, which would create access difficulties for the applicant. See the attached documents for the applicants support for the variance. Also included are three letters from adjacent property owners who support the request for variance. STAFF SUMMARY AND RECOMMENDATION: Staff recommends denial of the variance to the Residential Design Standard requiring that garages be accessed from an alley where one exists for the residence at 725 West Bleeker Street, Lots C & D, Block 18, Original Aspen Townsite. 725 WEST BLEEKER STREET STAFF REPORT PAGE 3 RECOMMENDED MOTION: "[ move to approve Resolution No.~ Series of 2004, for a variance to the Residential Design Standard requiring that garages be accessed from an alley where one exists for the residence at 725 West Bleeker Street, Lots C & D, Block 18, Original Aspen Townsite." (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE) A TT ACHMENTS: Exhibit A: Residential Design Standards - Staff Findings Exhibit B: Application with Bnilding Elevations and Site Plan Exhibit C: Letters from Neighbors 725 WEST BLEEKER STREET STAFF REPORT PAGE 4 RESOLUTION NO.2J; (SERIES OF 2004) vP~ A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN STANDARDS REQUIRING THAT GARAGES BE ACCESSED FROM AN ALLEY WHERE ONE EXISTS FOR THE RESIDENCE AT 725 WEST BLEEKER STREET, LEGALLY DESCRIBED AS LOTS C & D, BLOCK 18, ORIGINAL ASPEN TOWNSITE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcellD: 2735-1244-5008 WHEREAS, the Community Development Department received an application from the applicants, Paula and Barney Eaton, requesting a Variance to the Residential Design Standards requiring that garages be accessed from an alley where one exists (the applicants propose to access their garage from the street even though access is possible from an adjacent alley); and, WHEREAS, upon review of the application and the applicable Land Use Code standards in Section 26.410.040 of the Aspen Municipal Code, the Community Development Department recommended denial of the Variance to the Residential Design Standards requiring that garages be accessed from an alley where one exists because the request does not comply with Criteria I or 2 of Section 26.410.020 of the Aspen Municipal Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the City of Aspen Planning and Zoning Commission, at a public meeting on June 15,2004, approved Resolution No. _, Series of2004, by a vote of_ to _ L - _), to approve the Variance to the Residential Design Standards requiring that garages be accessed from an alley where one exists; and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 15'h DAY OF .JUNE 2004, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Lots C & D, Block 18, Original Aspen Townsite, Parcel Identification of 2735-/244-5008, 725 WEST BLEEKER STREET STAFF REPORT PAGE 5 is approved for a Variance to the Residential Design Standards requiring that garages be accessed from an alley where one exists (allowing the applicant to access the garage from the street). Section 2: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on June 15,2004. APPROVED AS TO FORM: PLANNING COMMISSION: AND ZONING City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 725 WEST BLEEKER STREET STAFF REPORT PAGE 6 EXHIBIT A RESIDENTIAL DESIGN STANDARDS 26.410.020 Purpose. Variances from the Residential Design Standards, Section 26.410.040, may be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would (Note: compliance with only one of the two criteria below is required): (1) Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, STAFF FINDING: DOES IT COMPLY? No Staff finds that the proposed variance .to locate the garage in the front does not provide an appropriate pattern or development considering the subject sites' context and the purpose of the standard. Although there are instances around the West End neighborhood where garages are accessed from the front, the predominate pattern in the neighborhood is for garages to be accessed off of the alleyways, where they exist - thereby serving the purpose of the standard, which is to "minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on the alleys." Furthermore, the general purpose of the Residential Design Standards is "to preserve established neighborhood scale and character and to ensure that Aspen's streets and neighborhoods are public places conducive to walking," which, by placing the garage off of the alley, would continue traditional atterns and result in com liance with this u ose. (2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. STAFF FINDING: DOES IT COMPLY? No Staff believes that, while the subject site does exhibit some unusual site-specific constraints (i.e. sharing an alley with a busy restaurant), the constraints can be adequately mitigated in order to allow the applicant reasonable access to their garage from the alley. Staff feels that, rather than being an insurmountable site constraint, this is fundamentally a parking enforcement issue. The application submitted by the applicant documents some of the problems with access in the aile, such as ille al arkin, includin in front of where a ara e may be located on the sub'ect 725 WEST BLEEKER STREET STAFF REpORT PAGE 7 property, delivery trucks parked in the alley, and general congestion and unsanitary conditions from dumpsters and grease containers. While staff concurs that these are real issues, we feel that they can be improved with better parking enforcement and working in consultation with the restaurant. According to the City Parking Department, there have not been many parking complaints recently about the area. When asked about this proposal, it was their observation that people may be currently parking in the alley in front of the subject lot because it is fenced with no access into the lot, therefore thinking that they are not impacting any homeowner. If, however, there were to be a driveway there in the future, they say its been their experience that people will be much more conscious of not parking in front of someone's driveway blocking their access. Regardless, the Parking Department is prepared to step up enforcement in the public alley and respond quickly to complaints should conflicts arise and could be on the site within minutes of a call. Regarding the delivery trucks, the Parking Department believes that there is sufficient space on the site to allow delivery trucks to park and still provide adequate space with which to enter and exit the site. Since the alley is relatively wide (per the City Engineer, it is at least twenty feet wide), there is sufficient area for the truck to park on the restaurant side of the alley and still maintain adequate space to enter and exit the site. The Parking Department feels that this scenario can be accommodated through talking with the adjacent restaurant (the Hickory House) and, should the understanding not be followed, enforcement. If these measures are instituted, staff believes that site constraint issue is removed or vastly reduced, thereby allowing the applicant reasonable access to their property from the alley and be in compliance with the City's Residential Design Standards. 725 WEST BLEEKER STREET STArr REPORT PAGE 8 ~'d \3,dro-f LYNNIE TOLK ~~'~~~od: P~Z- :;; ~ WV'\-\i~ v... ~~ tb~ ~~ trCft'~ 11> ~ ~ ~~~~4~ ~ ~~ ~. -:t: ~o..u.. ~ ~~ ~ O$.)~ ~~)'W.,~~~ ~ ~ loU. 1)tM. -1D ~n~ ~~tt\ClMw ~ ~ I '* \S ~ bu::t- 0.. ~~l~ .( . d bJ,""f I "W-.f>D~blt tCt wO\~. ~ Av~~c.. ~ ~ c..W\\,,\1~ ~c...(~t"~_ ~ ) ~. ~ """\..\~, t>DclA~ 1>M.~ ~ ~Io~ 1'~ "" ~. ",CXDvl.\ ~'W.., a..vA. \1M,.(., ~ t;- a\~ 1>~\~ ~ ~ ~ "- Y\Of ~ ~~ ~ ~tlA.QAW ~ ~ bX -I-ruuu. ~ -li.e.. Uf ..uw o.tta.. i.D a.. YIi~CV\..t... ~ ~ \~ \I~.. VY\Ojf.tcl" ~ CA.M.. ~ ~DW~ \\.o\cl ~ n\.CU. ~~"'. ~~~ ~Y"~~~ ?Ji~~. ~ ~K. 117 North Sixth Street. Aspen, Colorado 81611 Phone (970) 925-8756 Fax (970) 925-8308 MARK M. PEARSON 702 WEST MAIN STREET ASPEN, CO 81611 970-544-1082 mnearsonuumesabank.com April 19, 2004 City of Aspen Planning and Zoning To whom it may concern, RE: Paula and Barney Eaton Variance Request I live at 702 West Main Street in Aspen and on the same block as the Eatons. We share the alley that seems to belong to the Hickory House. This alley is a very busy alley with large delivery and garbage truck traffic that restricts access for a large portion of the day. It is also a very busy alley with regards to normal restaurant traffic of a 100-seat restaurant. On many days the patrons of the restaurant, for breakfast, lunch and dinner, park in a manner that blocks and greatly restricts the normal use of our alley and streets. It is very difficult to us the alley as an access to parking for homes of for that manner access the rear of any residential lots on that alley. I would strongly support the variance request ofthe Eatons' to access their garage from Bleeker Street. If you have any questions, do not hesitate to give me a call at 970544-1082. Tb~~ Mark M. Pearson RETAIN FOR PERMANENT RECORD Ll/\S;-jQlj To: Planning and Zoning Commission Aspen, Colorace April 14, 2004 Dear Commission Members, As the neighbor directly to the west of the Eatons, I am very familiar with the problems associated with the alley behind our houses. It is frequently clogged with parked cars especially in the mornings and evenings when the restaurant is busy. This has been going on a long time despite complaints to the city. Delivery trucks seem to be there on a regular basis and cause lots of noise and congestion. Food waste and grease make for unsanitary conditions and attract bears and other animals. Due to these conditions, I hope you will grant the variance to allow Paula and Bamey to put their garage Bleeker Street. Thank you ""'^ ~'\"O-.J'.-..~ Ann Marcus O<~:i) ")1 ~ \ RETAIN FOR PERMNENT RECORD '"' ,~ June 10, 2004 To: Aspen Planning and Zoning Commission From: Tim and Ginna Francis 711 West Bleeker St. Aspen, Colorado 81611 To Whom It May Concern: We are WTiting this letter to support the variance request of our neighbors Paula and Barney Eaton for a garage entering off of Bleeker Street. Our neighbors have been using parking off of Bleeker Street since we moved in and it has worked very well and never caused a problem. If you have any questions please contact us at 925-5370 at any time. Sincerely, ;:1~~ Tim and Ginna Francis c o June 13, 2004 Jasmine Tygre Aspen Planning and Zoning Commission City Hall 130 S. Galena St. Aspen, Co 81611 re: 725 W. Bleeker Ms. Tygre: 1 will be out of town on Tuesday June 15 but I am opposed to granting a variance to permit the access of a garage from Bleeker Street. The absence of driveways on the front sides of houses in the West End in one of the characteristics that gives our city the neighborhood feel (rather than a suburban feel) that I feel is so important. You will note that the two middle houses on that block both have driyeways (leading to nowhere) from the street. These driyeways certainly do not enhance the area. And, placing a garage at the end of one or both of them will do nothing constructiye in the long run. There is an alleyway in back of 725 W. Bleeker and we would all be better off if the Eatons could work out a way that it could be utilized as are all of the alleyways in the rest of the neighborhood. Please do not open a Pandora's box by allowing this variance. Thank you yery much. Sincerely, Peter G. Ma 727/729 all am Aspen, CO ,., '-..<, PUBLIC NOTICE RE: 725 WEST BLEEKER STREET NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 15, 2004 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application spbmitted by Barney and Paula Eaton requesting a variance to the Residential Design Standards requiring that garages be accessed from an alley. The applicants propose a one-stall garage accessed from Bleeker Street. The subject property is legally described as Lots C & D, Block 18, Original Aspen Townsite. For further information, contact Scott Woodford at the City of Aspen Community Deyelopment Department, 130 S. Galena St., Aspen, CO (970) 920-51'02, (or by email atscottw@ci.aspen.co.us). s/Jasmine Tv~re. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 29, 2004 City of Aspen Account RECEIVED \\~ ~ ~ ~~ ~ -~~\)\ \)J ')I ~ \ ~~~~ :: ~ ~-b ~ ~ ~ ~ =.......\ ~ ~ \\ ~~ == ~ ~ :--... =- ~ I). "IJ ~ ~~ t ~r ~ !t' ..... ".. ..... ... '*" .... u" c, 1",:- ~-( ~ ~ (l\ ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND liSE CODE SCI;IEDULED PUBLIC HEARING DATE: , Aspen, CO ADDRESS OF PROPERTY: ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I,~.{ \,<< <<2::;' L Vrdl (name, please print) bein~resenting an Applicant to the City of Aspen, Colorado, hereby personally certifY that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: }Y-Publication of notice: By the publication in the legal notice section of an official ~ paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto_ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitab~ waterproof ~aterials, which :vas not less than twenty-two (22) in . es wide and twentY-SIX (26) mches high, and which was composed of lette not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of ,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class po~tage prepaid U.S. mail to any federal agency, state, county, municipal gove~ent, school, service district or other governmental or quasi-governmental agei!\.cy that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date ofthe public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 1 ! Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in tl1e area of the proposed change shall be waived. However, the proposed zoning rnap has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was acknowledged bef\fe ~ day of~v",-,-- , 200!j., by ~~ ~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: '-f/::;.y .::::l-f PUBU!: NOTICE. . RE: 725 WEST BLF.F.KER STREET . '.... ..:;. NOTICE B HEREBY-GIYF,N tbat, a.PUblk~~ wID be held on Tuesday, June 15. 2004 ~.~ lOll to begin at ,4:30 p~m. before _~ Aspen."'" Ding and Zoning Commission. SlIter CltIes~ City Hall, 130 S. Ga1ena,st,,- .A:spen.to ~"~ application submttted by ~ andP.,~ requesting a varljU1Ce tattle ~en~ ~ Standards requiring that PI.... ~ ~ from an alley. _The:=~_~~ :%;:;:;~~-:::=~",1'l'SCOPY OF THE PUBLICATION 18,OrIginalAspenT~-- ': :,_, ' Forfurtherlnfol'liWlQn._~-~~ =t.~:O~ :~.: ........._......lIl.......Ol>...tPH OF THE POSTED NOTICE (SIGN) 5102 (orbye at stoU'"i!4'-'- fP-.cta.U)." , . . ". ',j-..ty,oo,C_' As ~_~('-.....-. '00 . P.bl"h~" T .................. all. _.lID GOVERNMENTAL AGENCIES NOTICED (1551) BY MAIL PlELl! \ .' ATTACHMENTS: iZL!,' \2' , ) \}J. \:fJ.(',(.( ,\{)(5-~' l'f\DJ:&- ()(\ Cfp\~,)\ t;\t reA 1h(\ (~I<1[ " '(6. (~~*" " \jJlS>l::-~6 '. M05~ ~OICicr- tit )I.J, ,~ 11 15 a L...It. SN ( , 'I - I (. ,i" r I 11 ?, 'l 0\L tCl"-'~1'u'/t \ V,A,,6...{ 'lX. I"Cr_ ,~,\ S eA1~lQf\>\.V\r ISS\/{. G~~JIfi. N\w.S : a~K.L .,vI i\\..rJ v~ 40. ~6'( (D\s.~\ (1\ -\" cvf '\{V-U\L--~f {o cf\brlL --tk ~ i \O*l;. 0\ ~M<~l tit c(~h'~1 \D\<? f~ ~ (}t1...:ctJ,C"1 ~ C4\fsk-.l f:;',IJiA.-hw'\ i uJ\:~"ii~1 CI,<-~itfJ\S; ~~ W ~lm~iA-ti ri\ I ~o CJ.W CiX~ cv{- - -------- - --." 0W<. +0 O~"fr(\rL t\c:3 r ( JUN-02-2004 WED 04:47 PM FAX NO. P. 01 ". - ,,~. ./ AFFIDAVIT OF PUBLIC NOTICE REQUIRED IIV SECTION 26.304,060 (E), ASPEN LAND USE CODY. ADllRt,:SS Of' PROPERTY: ~ SCHEDULED l"lJRUC HEARING DATIl: J\Ar'\e. l~ tL- , Aspen, CO ,!OO~ STAn: 0(1 COLORADO ) ) IS. enullty of .-if-kill ) I, ~CO~ +-~._ ~r't.._ (name. pleas" print) being or represen' g an Applicant to the City of Aspen, Colorado, hereby ptrsonally certify that I hay" complied with the public notice requirements of Seetioll 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ Public,!lioll <!f nolice: By the publication in the legal notice section of an omcial paper or a pllper ofgeneml ciroutation ill the City of ASJlen at least fifteen (15) days prior to the public hearing. A copy oflhe publicolion i,I' (J/laclwd hereto. V Posting qfno/icc: Byposli11g of notice, which form was obtained from the Community Developm"lll Departl11eIll. which was made of suitable, wuterproofmaterials, which was 1101 less than twenty-two (22) inches wide und twenty-six (26) inches high, and which was composed of letters llot lcss Ulan 011C inch in height. Said notice was posted in a conspicuous place on the <ubjeet properLY at least fifteen (IS) clays prior to Ihe public hea~i\'g and was continuously visible from the 2k day of ~I'(-i.l~OO.::L. to anu including th~ date and timc of Ihe public hem-int_ A ph<llogmph of Ihe pm/cd lIolice (.~ign) ;.~ alll1c1wd "c/'e/o, ~ Mailing of no lice_ By the mailing of it notice obtained from Ihe COll1ll1nnity Development Oeparll11enl, which contains Ihe infonnalion described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days luiol' to Ihe public he.aring, notice WaS hand delivered or mailcd by first class, )lostage prepaid U.S. mail to all owners of property wilhinlhree hundred (300) fect of Ibe property suhjcct to the development application, and, at Icast fifteen (IS) (lays prinr to the pllb1ie hearing, notice was hand delivered Or mailed by first class postage prepaid U.S. mail to 'my federal agency, Slate, county, municipal govermnent, school. service district Or other governmcnl.11 or quasi-governmental agency that owns propelty within three hundred (300) feet of Ihe property subject to the development appliclItion, The names and a"dresses uf property owners shall be Ihose 011 the current tax records of Pitkin County as they appeared 110 morc than sixty (60) days prior to the (Me of the public hearing. A copy oft"e owners ami govcrnmental agencies .w) Huticed is atroched here/u, rco,,'inue<loll next page) JUN-02-2004 WED 04:47 PM FAX NO. p, 02 - Raon;,,!: or text amendmellt. Whenever the oflicial zoning district mal' is in any way to be cllanged or amended incidental 10 or as plm of a general ,"vision of this Title, Or whenever ~le text ofih;s Title is to be amended, whether such revision be made by repeal ohhis Title and enactment of a new land lIse reglltation, or otherwise, Ihe requirement of an accurate survey map or other sLlffieient legal description of: and Ihe notice to and listing of mImes and addTe"es of owners of real properly in the area oflhe proposed change shall be waived_ llowever, the proposed zoning map has been aVllilable for public inspection in the planning agency during all business hours for liJ1ecn (15) dnys prior to the public hearing on sneh amendments. (Vcw1c-~)() Signltture The foregoing "Affidavit of Notice" was acJs,n~wle(\ged before me this g_ day of dllrlJC: ,200. .' by'..J1i~ ~fJ-r11l/l WITNESS MY llANU AND OFFICIAL SEAL sun G"': wwR.IlO 0 OJVrvT'y ~ p tTKJrJ Notary Public ATTACHMENTS: COpy Of' 1'HE PUBLICATION PHOTOGRAPH OF THE POSTE/) NOTICe (SIGN) LIST or nIE OWNERS AND GOVERNMENTAL ^GENCIES NOTICED BY MAlL _ "'~_~,"".._,_~_C~___'__~_________" ..I 635 WEST BLEEKER LLC C/O NANCY SPEARS POBOX 2630 ASPEN. CO 81612 715 W MAIN LLC 715 W MAIN ST#101 ASPEN. CO 81611 ANSON WESTON T & SUSAN BAILEY 8030 EL PASEO GRANDE LA JOLLA, CA 92037 API PROPERTIES 295 LLC 4208 DOUGLAS BLVD STE 300 GRANITE BAY, CA 95746 ASPEN HISTORICAL SOCIETY 620 W BLEEKER ST ASPEN. CO 81611 BAVARIAN AFFORDABLE HOUSING LLC 1000 S MILL ST ASPEN, CO 81611-3800 BEAVERS JASON L 1/2 719 W MAIN ST #301 ASPEN, CO 81611 BODURTHA SUSAN M 719 W MAIN ST #206 ASPEN, CO 81611 BONE RANDALL 280 NEWPORT CENTER DRIVE NEWPORT BEACH, CA 92660 BOSSART TODD L 814 W BLEEKER ST #E4 ASPEN, CO 81611 BREIDENBACH WARREN C #4 WOLF PEN LN PROSPECT, KY 40059 BRINKMEYER THOMAS K PO BOX 9022 ASPEN, CO 81612 BULlCZ KEITH PO BOX 2826 ASPEN, CO 81612 BUTLER MARIE 814 W BLEEKER #C-4 ASPEN, CO 81611 CHRISTIAN SCIENCE SOCIETY ASPEN/SNOW MASS lNC 734 W MAIN ST ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CONNOLLY MICHAEL 814 W BLEEKER#B1 ASPEN, CO 81611 COULTER GLYNNIE PO BOX L3 ASPEN, CO 81612 DAILY KIMBERLY DAWN 5326 20TH STREET CT E BRADENTON, FL 34203-4406 FATTAHI AMENEH AS TRUSTEE 306 WORDSWORTH CT ROSEVILLE. CA 95747 FRANCIS TIMOTHY P & MARY VIRGINIA 711 W BLEEKER ASPEN. CO 81611 FREUND ROYAL 51 ROARING FORK DR ASPEN,CO 81611 GIBSON ASPEN PROPERTIES LLC 715 W MAIN ST STE #203 ASPEN, CO 81611 GOLDSMITH ELLEN 719 W MAIN ST#101 ASPEN, CO 81611 GRUETER PAUL ERICH 719 W MAIN ST #103 ASPEN, CO 81611 HAMLIN CONNIE E 719 W MAIN ST #207 ASPEN. CO 81611 HARRY SALLY 50% 601 E HOPKINS 3RD FL ASPEN, CO 81611 HAYES MARY FAMILY PTNSP L TO PO BOX 497 ASPEN. CO 81612 HElSLEY MICHAEL E C/O K J LONG 2004 DIANA DR MENDOTA,IL 61342 HOGGATT JERRY S 175 14TH ST NEW ORLEANS, LA 70124 HOOK BRADLEY K & PAMELA D 782C NORTH KALAHEO KAILUA. HI 96734 JEROME OFFICE ASPEN CO LLC 715 W MAIN ST #201 ASPEN, CO 81611 KUDISH DAVID J REVOCABLE TRUST 1325 N ASTOR ST CHICAGO,IL 60610 LARY LANCE R 1/2 719 W MAIN ST #301 ASPEN. CO 81611 LUU INVESTMENTS LLC 435 E MAIN ST ASPEN. CO 81611 MAEWEST LLC ATTN: DOROTHY A SHARP 706 WEST MAIN ASPEN, CO 81611 MARCUS ANN H 735 W BLEEKER ST ASPEN, CO 81611-1133 MCMANUS JAMES R 1552 POST RD FAIRFIELD, CT 06824-5935 MOUNTAIN RESCUE ASPEN INC 630 W MAIN ST ASPEN. CO 81611 PARFET DONALD R & ANNE V 11000 RIDGEWOOD LN RICHLAND, MI 49083 HORSEY SUSAN H 107 S 7TH ST ASPEN. CO 81611-1639 KC ASPEN LLC 75-5706 HANAMA PLACE SUITE 104 KAILUA-KONA, HI 96740 KURTZ KENNETH T & KAREN BRAKUR CUSTOM CABINETRY 18656 S RT 59 SHOREWOOD, IL 60435 LDD WEST LLC 220 N SMITH ST STE 300 PALATINE,IL 60067-2448 LUU TONG KHON TRAN TUYET LE 814 W BLEEKER ST #B4 ASPEN. CO 81611 MANGONE PARTNERSHIP LP 12687 W CEDAR DR #100 LAKEWOOD. CO 80228 MAWICKE FREDERICK H 719 W MAIN #205 ASPEN. CO 81611 MINNESOTA MATERNAL FETEL MEDICINE 2115 DWlGHTLN MINNETONKA, MN 55305 MURRY PAUL J MURRY BONITA J 814 W BLEEKER ST C-5 ASPEN. CO 81611 PEARSON MARK M & LEES M 702 W MAIN ST ASPEN, CO 81611 JENKINS JULIE N 719W MAIN ST#203 ASPEN, CO 81611 KHALAF ALEXANDER R & FAHIMA 265 PILOT RD LAS VEGAS. NV 89119 LARNER JACQUELINE L 376 DAHLIA DENVER, CO 80220 LONG FAMILY INVESTMENTS LLLP 0190 SAGE SWALE CARBONDALE, CO 81623 LYLE ALEXANDER T 719 W MAIN ST #204 ASPEN, CO 81611 MANIE MICHAEL B 1/2 PO BOX 11373 ASPEN, CO 81612 MCDANIEL SHANNON B 719 W MAIN ST #100 ASPEN, CO 81611 MITTON JOSEPH & PATRICIA 1/2 INT FRANKLE DAVID 1/2 INT 1015 VOLTZ RD NORTHBROOK, IL 60062-4722 OLSHAN BURTON D 1/2 OLSHAN KATHLEEN W 1/2 5408 OLD LEEDS RD BIRMINGHAM, AL 35210 PITKIN EXCHANGE HOLDINGS 50% 601 E HOPKINS 3RD FL ASPEN, CO 81611 POLSE KENNETH A & JOYCE L REVOC 1992 TST 452 SCENIC AVE PIEDMONT. CA 94611 SHERIDAN DAVID R 111/2 POBOX 11373 ASPEN, CO 81612 TOPELSON ALEJANDRO 4725 S MONACO ST #330 DENVER, CO 80237-3468 UHLER FRANCES M 814 W BLEEKER UNIT B2 ASPEN, CO 81611-3115 WEST BLEEKER INVESTMENTS L TO 13787 PINE VILLA LN FT MYERS. FL 33912 ZIEGLER JUSTIN C 719 W MAIN ST #202 ASPEN. CO 81611 SCHAFFER WILLIAM H 814 W BLEEKER ST #B6 ASPEN. CO 81611 SCHROEDER SARA 634 W MAIN ST #2 ASPEN, CO 81611 SIVART HLDGS L TO PTNR 21 BREEZY KNOLL AVON. CT 06001 STEINBERG EDWARD M 1068 HOLLY ST DENVER, CO 80220 TRAN HONG HUONG 814 W BLEEKER ST #C1 ASPEN, CO 81611 TURCHIN MARTIN & CHERYL 3060 MIRO DRIVE SOUTH PALM BEACH GARDENS, FL 33410 WALTZ FAMILY TRUST 6075 LA JOLLA SCENIC DR S LA JOLLA. CA 92037 WEIEN J ROBERT 709 W MAIN ST ASPEN, CO 81611 WIDEN SHARI PO BOX 4929 ASPEN. CO 81612 WILSON TOMI A 814 W BLEEKER ST#AI ASPEN, CO 81611 ~>~" . ~ ' ~. ,,\ 1 ',', .' l. .:s- .... ','~:. . '.' ,dS' VJe6t- 13 \ -ectJ2lZ- -S1-, \PPLlCANT: C A IT ACHMENT 2 -LAND USE APPLICATION " ,,"',/ Name: Location: U-.I Parcel ill # REPRESENTATIVE: Name: Address: Phone #: PROJECT: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt. 0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Deyelopment ~ Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Green1ine, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conyersion/ Margin, HaIIam Lake Bluff, condominiumization) Expansion Mountain View Plane 0 Lot Split 0 Temporary Use 0 Other: 0 Lot Line Adiustment 0 Text/Map Amendment ~1rSIDIB.Jr II6.-L_ HCl lI~V ()~ ~ P-'F> /2J'? X . \ .s-,(S 4- StQ fI PRoPOSAL: R~~f () J: I-tC:3!: """'6 -A ,....ClT~ I (')F lave you attached the foDowing? FEES DUE: $ ] Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement ':f Response to Attachment #3, Dimensional Requirements Form "tResponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ill plans that are larger than 8.S" x 11" must be folded and a tloppy disk with an electronic copy of all written ext (Microsoft Word Format) must be submitted as part of the application. ~' '" , " CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Al!reement for Pavment of City of Asnen Development Application Fees CITY OF ASPEN (hereinafter CITY) and YA U LA- ~ 13 /l../2..j..Uz.:y EA"Tl;)}4 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 12..f!SID~I.JTIA-L t))tS ''''IJ <;;rJ6.IVD~~ YA-'l.Jt.P-JC-a (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3, APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involyed in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis, APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred, CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, uniess current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: Julie Ann Woods Commnnity Development Director By: Date: Billing Address and Telephone Nnmber: Reouired g: Isnpportlforms\agrpayas.doc 6/05/03 ,....... ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: e: ,.., TO j..j Applicant: -Dft..12..1-l rEoY Location: L... <::> ;-5. C Zone District: R b Lot Size: be;)(. 100 Lot Area: !r,OCf,)., SQ F-r- (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) :el!SICt:!f..Ic ;: f. 1>,0. U. /.. /It.. !!.14.""'0 ,.., 1= f.),' Blk. I A J A-s; P 'a.1.J Commercial net leasable: Number of residential units: Number of bedrooms: Existing: - 0 - Existing: I Existing: :J. Proposed: Proposed: Proposed: -0- I ~ Proposed % of demolition (Historic properties only): - 0 - DIMENSIONS: Floor Area: Existing: 1584-Allowable: ~:l.4- 0 Proposed: 3a.4-_6 Principal bldg. height: Existing::L 4- Allowable: :J...5" Proposed:~ Access. bldg. height: Existing: - 0 - Allowable: - 0 - Proposed:- C;;, _ On-Site parking: Existing: ol.. Required: fro posed: 3 % Site coverage: Existing:~ 8 Required: - 6 - Proposed: 5L % Open Space: Existing: S ~ Required: - C> - Proposed: b b Front Setback: Existing: I C, Required: I 0 Proposed:_1 C, Rear Setback: Existing: :>, 8 Required:~Proposed: 3~ Combined FIR: Existing:-.4:~Required: :3 0 Proposed:~{L Side Setback: Existing: S- Required: 6- Proposed: S-_ Side Setback: Existing: ~.9... Required: S- Proposed: I 0 Combined Sides: Existing: :L '7 Required: t S" Proposed: I IS"" Existing non-conformities or encroachments: -0- Variations requested: J<-.~I()l:.t.tltA-L J)t1:SI:4 STA-IJD^,~i> ~6,4-ID.64-0 LC" )(1) {)A-'Z."'1 OIJ s.-rR..!l:.1%.1 ""'" ."', VARIANCE: -REOUEST To, Planning and Zoning Commission City of Aspen, Colorado fi6!ri: Graeme Means Architecture 210 South Galena St, Ste 23 Aspen, Colorado 81611 (970) 925 9150 SUb' ect: ., ,!J Request for Variance from Residential Design Standards Lots C&D, Block 18 City of Aspen, Colorado Dear Committee Members, Paula and Barney Eaton are longtime locals who have lived at their home on Bleeker Street for approximately five years and want to expand their existing house of approximately 1800 square feet to accommodate their growing family. In doing so, they would like to add a garage. For reasons discussed in this application, they would like to place the garage on Bleeker Street but are unable to do so because of Residential Design Standard 26.410.040 (C) (l)(a) which prevents placing a garage on the street for those lots with alley access (which this lot has). Section 26.410.020 grants your Commission the power to approye a Variance to this requirement under either of the following conditions: I. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader yicinity as the board feels is necessary to determine if the exception is warranted; or, 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. The unusual site-specific constraints of this particular alley are the reason for this Variance request. Due to the presence of a restaurant across the alley from the applicant's house, this alley is very different in character from almost all other alleys in town. Illegal I ,"" ~ parking causes considerable congestion and access problems. Patrons of the restaurant haye historically felt free to park anywhere there is a space on either side. This has been a constant practice for at least fifteen years. At peak restaurant times, the alley is frequently clogged with parked cars. Due to the working nature of the patrons of the restaurant, service trucks, snowplows, backhoes, construction trailers, and other large vehicles are commonly parked illegally, often for periods of several days, weeks, or more. Deliyery and trash trucks add significantly to the problem. Daily delivery of food and other supplies means the constant presence of large trucks with ramps out the back which take up perhaps 50 feet of space. This amount of congestion assures that a garage located this close to the restaurant would often be blocked by parked cars or deliyery trucks, making entrance or exit very difficult or impossible without searching the restaurant for the offending driver. Being unable to exit your garage on the way to work in the morning becomes a very real possibility. Sanitary conditions are another reason that the Applicant's do not wish to place a garage there. The large dumpsters full of food waste often overflow and spread trash throughout the alley. Bears are a constant problem in season. Greasy cooking equipment is steam cleaned near the area where a garage would be located. During this process, grease flows on the ground and a recent episode involyed grease actually flowing in a small riyer onto the Applicant's property. There is frequent property damage to fences, utility boxes and anything else in the alley. We feel that these historically occurring and constant problems are more than sufficient for you to grant this request. While most city alleys are residential in nature, the presence of a restaurant changes the character and conditions of this alley dramatically and make it unfit for access to a residence. Adjacent neighbors who haye garages on this alley have stated that they do not use them except for long term storage because of the problems discussed aboye. They park on the street. The Applicant's lot is impacted by these conditions as much or more than any lot on the block. The second condition that justifies the granting of a variance concerns an appropriate design for the neighborhood. Conceptual drawings of the Bleeker Street eleyation and a Site and First Floor Plan are attached to this application. As per the Residential Design Standards, we are setting the garage ten feet back from the front f~ade of the house (and thus 20 feet from the property line), and the portion that reads as a garage is approximately one third that of the rest of the house. The single garage door would not be over nine feet wide and would be faced with wood paneling and windows. There will also be a trellis or roof element approximately four feet deep over the door. These techniques will serve to deemphasize the garage and incorporate it into the design of the house. A very prominent feature of the front fa~ade will be a visually strong front porch. This not only adds a significant one story element to the street fa~ade but also sets a strong pedestrian friendly context which effectiyely counteracts the garage portion. The Owners currently access their lot from Bleeker Street so that a new curb cut will not be necessary, and the existing pattern of traffic and parking will not be changed. The streetscape will only improve in that two fewer cars will be yisible from the street. The neighbors are used to this pattern and every neighbor contacted so far actually approyes 2 - ........ " of the granting of this variance. There will not be a precedent set in that there are numerous instances of street facing garages throughout the West End. In summation, we feel that while only one of the stated conditions need be present to grant a Variance, this project amply satisfies both conditions. We thank you for your attention. Respectfully, ~ Graeme Graeme Means Architecture 3 ~ \......- .J..~..,..,..., +--- - --- ,.- -- ,- +__:::-:~~I_- i ) ..~._- -------.----- ~ '::=-- , - p ~ - " ~ 0J 1-.-' I : III , I L-j Q " ---A--- t " ) Cl p J- ~\ 1 - \_-\\ ,} r3 ~j ;;\ - . ...----' ~,d) ii~l :I. I I~ . It x ~ ~ L~J ~ ii 2 . " j o d i ~ ~ ----.1-------. I t I I r i I '~ !~ IJ It '" ~ I~ I~ I Jd~ ..J..~~ "I~g, '<.I ~, .~ J. o j J .. ). ~ o , - .-, , 1 " J. ;:' , ~ ~ o 1 ~f H . _I . , , ':J ~il \31~ LYNNIE TOLK ~ ~ .~ WlCU.\ ~ 0.-* 'P~ z - -j:: MY< wVi-\l~ v... ~~ q,-Q\.A ':'~ f'Cof1'~ ~ ~ ~ ~~ ~ ~~ ~. -:t: "'^~ -4W ~~ ~ Oh ~ OJ\.Q.. ~ ) W't~ O'\\.Q.. ~ \M- ~ l.U. 1)l,\.t, ~ M~>>..~ -h--~ti\c..lM- ~ ~ I .~ \~ ~ bu:t- ~ ~eu.~ 'j · cd- bP'lrf I 'Iw...pD~blt c.t- W~. \\4. ~o.~ ~ ~ '-M.\"~ ~ ~c...( ~ ~ I ~ ~ ~\"\c.lU, ~~~ 1'~~ ~ ~\o~ 1'~~~ \.\oia.ovl.\ \.W.ow.., ~ ~ ~ ~ a\fAc.:t ~\~ ~ ~ ~ .... n,*~ ~~ ~ ~i~ < ~'E"~ -IvlAt.\U) ~ -/i.e.. Uf ~ ClMa.. ~ A.. ~Cv\.c.... ~ ~ \~ 'I~, W\fJ.."'.dft ~ ~ ~ 1>D~~ \\.o\tA ~ n\.CU. +v~"'. ~~~ ~Y"~~~ ?,;~~, ~ ~K.. 117 North Sixth Street. Aspen, Colorado 81611 Phone (970) 925-8756 Fax (970) 925-8308 ~ '-" P... ~. .-..-" 0 -- ~ ..,,,,",,,.,.' ","": ",;..' , ,) :..,~~, .', ,~1 -~ .;'~ ' '~ :~=:'Z ,'"'' 'jfj , ",~[~, ,''''-''-1 ~,,'... ,.- ~-~~- "lIt.' ~.--:: ....... "'!Ii"""':'_-i:~_"-_t'iIP ""('- " ,,";' " ". ,,/ \r r -- ,,-...., "-"/ -- ,.." !io.,,,r Y A.luANCEc'ItEOuEST to: Planning and Zoning Commission City of Aspen, Colorado From: Graeme Means Architecture 210 South Galena St, Ste 23 Aspen, Colorado 81611 (970) 925 9150 Sjllfect: ~ , Request for Variance from Residential Design Standards Lots C&D, Block 18 City of Aspen, Colorado Dear Committee Members, Paula and Barney Eaton are longtime locals who have lived at their home on Bleeker Street for approximately five years and want to expand their existing house of approximately 1800 square feet to accommodate their growing family. In doing so, they would like to add a garage. For reasons discussed in this application, they would like to place the garage on Bleeker Street but are unable to do so because of Residential Design Standard 26.410.040 (C) (l)(a) which prevents placing a garage on the street for those lots with alley access (which this lot has). Section 26.410.020 grants your Commission the power to approve a Variance to this requirement under either of the following conditions: 1. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. The unusual site-specific constraints of this particular alley are the reason for this Variance request. Due to the presence of a restaurant across the alley from the applicant's house, this alley is yery different in character from almost all other alleys in town. Illegal I ,...~......... / --.., ...,.""" parking causes considerable congestion and access problems. Patrons of the restaurant haye historically felt free to park anywhere there is a space on either side. This has been a constant practice for at least fifteen years. At peak restaurant times, the alley is frequently clogged with parked cars. Due to the working nature of the patrons of the restaurant, service trucks, snowplows, backhoes, construction trailers, and other large vehicles are commonly parked illegally, often for periods of several days, weeks, or more. Deliyery and trash trucks add significantly to the problem. Daily delivery of food and other supplies means the constant presence of large trucks with ramps out the back which take up perhaps 50 feet of space. This amount of congestion assures that a garage located this close to the restaurant would often be blocked by parked cars or deliyery trucks, making entrance or exit very difficult or impossible without searching the restaurant for the offending driver. Being unable to exit your garage on the way to work in the morning becomes a very real possibility. Sanitary conditions are another reason that the Applicant's do not wish to place a garage there. The large dumpsters full of food waste often oyerflow and spread trash throughout the alley. Bears are a constant problem in season. Greasy cooking equipment is steam cleaned near the area where a garage would be located. During this process, grease flows on the ground and a recent episode inyolyed grease actually flowing in a small river onto the Applicant's property. There is frequent property damage to fences, utility boxes and anything else in the alley. We feel that these historically occurring and constant problems are more than sufficient for you to grant this request. While most city alleys are residential in nature, the presence of a restaurant changes the character and conditions of this alley dramatically and make it unfit for access to a residence. Adjacent neighbors who haye garages on this alley haye stated that they do not use them except for long term storage because of the problems discussed above. They park on the street. The Applicant's lot is impacted by these conditions as much or more than any lot on the block. The second condition that justifies the granting of a variance concerns an appropriate design for the neighborhood. Conceptual drawings of the Bleeker Street eleyation and a Site and First Floor Plan are attached to this application. As per the Residential Design Standards, we are setting the garage ten feet back from the front fa~ade of the house (and thus 20 feet from the property line), and the portion that reads as a garage is approximately one third that of the rest of the house. The single garage door would not be over nine feet wide and would be faced with wood paneling and windows. There will also be a trellis or roof element approximately four feet deep oyer the door. These techniques will serve to deemphasize the garage and incorporate it into the design of the house. A very prominent feature of the front fa~ade will be a visually strong front porch. This not only adds a significant one story element to the street fa~ade but also sets a strong pedestrian friendly context which effectively counteracts the garage portion. The Owners currently access their lot from Bleeker Street so that a new curb cut will not be necessary, and the existing pattern of traffic and parking will not be changed. The streetscape will only improve in that two fewer cars will be yisible from the street. The neighbors are used to this pattern and every neighbor contacted so far actually approves 2 '..... ,,# of the granting of this variance. There will not be a precedent set in that there are numerous instances of street facing garages throughout the West End. In summation, we feel that while only one of the stated conditions need be present to grant a Variance, this project amply satisfies both conditions. We thank you for your attention. Respectfully, o~ Graeme Graeme Means Architecture 3 ...."...... - - ~ ~ -4 "'i ~ ..- . '-, "..':: "'. ,":,,- 'I.'T~~''IlI.1l'I _~ .. ~ WE DELIVER ! !.'"'-\ '" .fi ..... ' """"').~ ~"" . ....\~:.\.'!y ,: \...~t ,'. ." '~~~~:'. .. 1', 't, ( . '~. . . ~ ,~ -, '~ '.:'f .., ~" ..~.... " ::, . "', . \ "''''., "'. 1. ~t\ ." ~;.. "~ ~~~~ ", b.,'~' ':.: . ~~,,!. ~ -i:.,.~..: Iii. iW ~__" .a:.< '" '" - 0,<,... ,~ "1\ ';3, .\ ..", I ~ ' I III ~"",,'.- "r.~ ( ~"' ~....... , ,./ """ - I!l" '--. --~ .."''"''''' ~IL, " ~ -~~_. -- -. -- , ,j,,: w'"..~ .._:~_~-:-:~t~'- .,..'''' ,v f ""'" -...~J' , "' r- I ~ _.-- ~ .- _ p ,- t-o'--"_O' I r.1 I .\. i ~ i I j I , I L-J . i .. ". --t-- " ) cl p ....",.,.,.", .c <-J--" \J\ } w., '-J - ,:.------'. ~. ~,JJ . , ~ ~ ..J..~C;; ,J'6A",ofl'rl ,.-... '-" If "-..;l. d 3 i, 1l.:'J L~J ~ ~ o 1\ ~ l , o d ~i~ .~ / '. I i I 11 13 Ir I- '. .. ,3 I~ I ...... . .j. Q .J d .. t ~ .., i"'''''.',," , t . H q 1 ~ f ~~ . -. z.c; <2 2,';4 ~cot-/. I"~ ~o COff~S OF V~P.IvCt!' ~fJUCiH1OuV. ~ WI.- A. J.+t4.-5:. 1/4. L1z.. (l. I.) 1;; "-i fE (7 I-t /$0 YL S J4LL 0 F , C/..JHe /'Y'l s: {J f fJCr2.-c --fV11l. y'/+(L/ flJ..U(;. rr , tv!Z- w ( '-C q /f... T JI10 fl.-f2-, L/Z-177C0 L I4-7tL YL /4- ,A./ f.:J f) It U.I!J iG +/f'rL M Pi. R'it ~ Ci (L <1 ILl tc '7 c '-! " tJrz.. A)/{ IvfJ 14-- 00 L/-L 0 A:5 <; 00 A..I L thR- 1"; 7ICr M puS> Ii) L.~, OA/ ?L [' lI\"Se: t-/'CT yvt [. Ie- ).IU"-/ j4-()Ui(T '~ k '^-..IfILL J'I-S 1,:/1I1L J2 /U_C-.'Vt~hJ ;4-tlu........, (kJ-A-.A~ IOU 0M-"'t: 9:L0--7fS0. Ii I, ...., '"' \'pPLlCANT: - '-" ATTACHMENT 2 -LAND USE APPLICATION Name: EfAJ Location: Parcel ill # REQUIRED REPRESENTATIVE: Name: Address: Phone #: PROJECT: Name: Address: Phone #: TYPE OF APPUCATION: (please check all that apply): D Conditional Use D Conceptual PUD D Conceptual Historic Devt. D Special Review D Final PUD (& PUD Amendment) D Final Historic Development ~ Design Review Appeal D Conceptual SPA D Minor Historic Devt. D GMQS Allobnent D Final SPA (& SPA Amendment) D Historic Demolition D GMQS Exemption D Subdivision D Historic Designation D ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion! Margin, Hallam Lake Bluff: condominiumization) Expansion Mountain View Plane D Lot Split D Temponuy Use D Other: D Lot Line A<!iustment D Text/Map Amendment ~1!SID1rtJT Ij&,..L_ HC\ ll~V () F .~ pJ:> ILl? X. \SP-. 4- S lQ FI PROPOSAL: R.~s'Ir.>J"''(c.Y 16 -A "T-OTA. I f'JF lave you attached the following? FEES DUE: $ ] Pre-Application Conference Summary ?I Attachment #1, Signed Fee Agreement ~ Response to Attachment #3, Dimensional Requirements Fonn ~Response to Attachment #4, Submittal Requirements-Including Written Responses to Review Standards ill plans that are larger than 8.5" x 11" must be folded and a tloppy disk with an electronic copy of all written ext (Microsoft Word Fonnat) must be submitted as part of the application. RETAIN FOR PERMANENT RECORD ,....., ,....." ''"'.''/ '.-,,,~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Al!reement for Pavment of City of Asnen Development Application Fees CITY OF ASPEN (hereinafter CITY) and _p~ Ut..A- 1j:. 'i3l1.lL.1-llLj EA'IO'N (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for 'i2.1tSIDt:I.J'T""IA.L nits 1"'-1) '5;TrA."';t:J;..a.~ Yl>.-rLJlI.~c.e.. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a deTermination of application compleTeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application, 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to compleTe processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application compleTeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY~~ASP n. ~ By: \ L !l::~ J uJie nn oods Community Development Director AP]CANT By: clLJt1.- &Ash) ~ L,J II Y'lot-/ I I Date: g:\supportlformslagrpayas.doc 6/05/03 Billing Address and Telephone Number: ReQuired cq~. ID! ~ '11S W6t ~eet&Y ~ to lS/lQ(1 RETAIN FOR PERMANENT RECORD .,~--- "......, ",-,,/ ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: e:,.. TO 10-1 :eftC,ICI!/.lC :I= Applicant: _B!l..f2./..lI!.."'- ~ P:A.lJ/..,fl... !!IA."'T"Ot-J Location: L../;:)i"S C 1= C> J 8/.:1:.::. I A J A--; prz..U Zone District: R b Lot Size: be)<. I <:> 0 Lot Area: ~ 0 C ~ SG:> F""r (for the pwposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing:_ D- Existing: I Existing: :l Proposed: Proposed: Proposed: -l:)- I ~ Proposed % of demolition (Historic properties only): - 0 - DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On-Site parking: % Site coverage: % Open Space: Front Setback: Rear Setback: Combined FIR: Side Setback: Side Setback: Combined Sides: Existing: 1584-Allowable: ~~4- 0 Proposed: 3~~6 Existing: ;)... 4- Allowable: d.-5' Proposed: j 4- Existing: - 0 - Allowable: - (;) - Proposed:- C;;, - Existing: cl- Required: Proposed: 3 Existing:~ 8 Required: -6- Proposed:~ Existing: BQ.... Required: -0- Proposed: bb Existing: 10 Required: /0 Proposed:~ 0 Existing: :>'6 Required:~Proposed: q~ Existing: 48 Required: :30 Proposed:~~ Existing: 5"- Required: 6- Proposed: S- Existing: ;2...9-.. Required: S- Proposed: Ie Existing: :;.., Required:---15 Proposed: I~ Existing non-conformities or encroachments: -0- Variations requested: J<:,l:SH)l:./.{ilA-L 'i)flSI;: W STMVDAr~ ~6.4-ID.64-0 (C )(1) qArl."c., 01./ "s,R..Jr.17.. :: ~;l \31~ LYNNIE TOLK ..It> ~ .~ Wla.4 ~ a-* 'P~ z - ::C a.v't\ WV'\-\I":) ~ ~~ ~-6k.A ':'~ trCf1'~ -h> ~ ~ ~lW.4.Q. ~~~ ~. -:t: ~~ ~ ~~ ~ ~~ ~~)W"",,,^~~ v.\.. ~ t.u. 1)~ ~ W>>>>, 4v~~c.. lM- ~ ~, '* \~ ~ bu::t- ~ ~()...~ ( c:et- b.P ~ I "~D~bLt "* WO'\~. \\.4. ~o.~ ~ ~ ~"""cw.. ~c..i~~~_ ~)~ ~ ~~~, ~~~ 1>~~ ~ Jl.w...p\o~ ?~ ~ ~ ~~ ~~, ~ '""-c.. ~ ~ a\~ 1>~\~ ~ ~ ~ ..... nOf ~ ~eMw ~ ~i\A.UW < ~ 'E"x +r1A~ '-I+.M -li.e.. llf 4IW (Mfa. j,., Q.. ~Cr'U... ...,.,. ~ I f.L..lD..t.u' , I II I , 'N'JdC --, \~ ~~ QA." V'Y\~ ~ CA.M.. ~ ~DW~ \\.o\d. ~ nt.eu. -tv~~. ~~~~r~~~ 'a\f\~. ~ ~K. 117 North Sixth Street. Aspen, Colorado 81611 Phone (970) 925-8756 Fax (970) 925-8308 ~ \".,/' MARK M. PEARSON 702 WEST MAIN STREET ASPEN, CO 81611 970-544-1082 moearson((V,mesabank.com April 19, 2004 City of Aspen Planning and Zoning To whom it may concern, RE: Paula and Barney Eaton Variance Request I live at 702 West Main Street in Aspen and on the same block as the Eatons. We share the alley that seems to belong to the Hickory House. This alley is a very busy alley with large delivery and garbage trnck traffic that restricts access for a large portion of the day. It is also a very busy alley with regards to normal restaurant traffic ofa IOO-seat restaurant. On many days the patrons of the restaurant, for breakfast, lunch and dinner, park in a manner that blocks and greatly restricts the normal use of our alley and streets. It is very difficult to us the alley as an access to parking for homes of for that manner access the rear of any residential lots on that alley. I would strongly support the variance request of the Eatons' to access their garage from Bleeker Street. If you have any questions, do not hesitate to give me a call at 970 544-1082. Ib;;~ Mark M. Pearson RETAIN FOR PERMANENT RECORD Ll/\S;-/oy To: Planning and Zoning Commission Aspen, Colorace April 14, 2004 Dear Commission Members, As the neighbor directly to the west of the Eatons, I am yery familiar with the problems associated with the alley behind our houses. It is frequently clogged with parked cars especially in the mornings and evenings when the restaurant is busy. This has been going on a long time despite complaints to the city. Deliyery trucks seem to be there on a regular basis and cause lots of noise and congestion. Food waste and grease make for unsanitary conditions and attract bears and other animals. Due to these conditions, I hope you will grant the variance to allow Paula and Barney to put their garage Bleeker Street. Thankyou~ ~ '" ,\O-J"-. ~ Ann Marcus ~"d- v ~)I '-\ \ RETAIN FOR PERMANENT RECORO