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Home My WebLink Aboutpitkin.boa.92.40FLiG 13 '92 09: S2RM CI rr r,~ RSF£N PITEIIP COQiI'PY $cu-aa oa ansasT~s~r J ~ZJy~ DAT$ _1~`J+ ~`1 ~ l~ I _ _____ CASE # O~e~~2 APPLICANT~I/7~I-V.U ~ ~~S /+ PHONE GI~J'Z~~p~ MAILING ADDRESS~~^O-^•_~OX ~~ f LL.~ nda{-e, Cy ~ ~ (n~~ 09iNEXt .L1~.~-k I~XlG{~ ' 1 PHOHR ~(2~ ' Z~C2~ MAILING ADDRESS ~ D • ~X-~"C. ~~~YZC~Ll.~ ~,.~ ~ IOZ~ LOCA'~.'ION OF PROPERTY Any. rtinent data moat aaoo'pany this application, and will be Wads part oP thie Caaa. The Hoard may return this application if it d ee not contain all the facts in qu tion /) Applicant Signature ~ ~ ~(/J/'// (TO be oompieted by the toning Department) Prov sions of the zoning resolution requiring the Zoning Official to f rward this application to the Hoard of Adjustment, anti reaacns for of granting a building permit: 0 Zone District Requ sting: Lot Size ~~ ' Frr~nt Yard Setback Variance, where /OU ' is required. ~_' Rear Yard Setback Variance, where ~' is required. ' Bide Yard Setback Variance, where ~' is required. ~u Othe~: ~~ Side Yard Setback Variance, where _' is required. Height Variance, where _' is required. Square Feat where a maximum of ag. fit. is allowed. 2Cning official xacQ~ s ~ ~--~^.~~ I Appl~lcation filed ~ ~~ ~v Parcel (~ No. 2c~`1q - /~(-OO..OLI Datelof Meeting I 9 Z Noti~es Mailed g Secretary Refe~• Resolution to Building Department , -i Yes i~i No 000001 ~~' z ~ NOTICE OF PUBLIC HEARING TO ADJACENT PROPERTY OWNERS BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALI~ PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIAN E DESCRIBED BELOW: Piursuant to Pitkin County Resolution of June 5, 1955, as amended, a Public Hearing will be held in City Council Chambers, City H~11, First Floor, Aspen, Colorado (or at such other place as the muting may then be adjourned) to consider an application filed with t~e said Board of Adjustment requesting authority for variance from t e provisions of the County Zoning Resolution. A 1 persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state our views by letter, particularly if you have objection to such ariance, as the Board of Adjustment will give serious consid ration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for va$~iance. THE P TICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE ARE AS FOL OWS: Date a d time of meeting: September 1, 1992 at 5:15 p.m. Commissioner's Meeting Room, Pitkin County Courthouse Owner:, Name a~d Address of Applic nt: Mark Dodds Mark Dodds P.O. Box 74 Carbondale, CO 81623 Location or on: 8880 Highway 133 Reques ing approval for a 60 foot front yard setback variance, where 100 feet is required in the RS-30 zone district, for constr ction of a single-family residence. Approval of this varian a would allow the proposed residence to be 40 feet from the rear y rd property line. VARI~-NCES GREATER OR LE88 THAN REQUESTED COULD BE GRANTED. Durati~n of Variance: Temporary Permanent X THE PITKIN COUNTY BOARD OF ADJUSTMENT I ~~~ ~W~"'1~~ uzanne L. Wol Secretary 00000? • Mark Dodds P.O. Box 74 Carbondale, Co 81623 August 13,`1992 Pitkin bounty Board f Adjustment During our 1041 review process, we received an approved building evelope that d es comply with setbacks. Due to these setbacks from the Crystal river, ity of Carbondale water line, and the Bain & Thomas ditch, it has been etermined that the present location of the building envelope is the only location that the envelope can exist. Sincer ly, s ,~ /~' ~ D 7/' 1 D~ i'~s~'Vi~- Mark [odds 000003 Pitkin Gounty Board of Adjustment Adjacdnt property owners to proposed project: Harry .and Robyn Bell 0231 outh Billcreek Rd. Carbon dale, Co 81623 Phone : 963-0278 Steve Richards 0296 outh Billcreek Rd. Carbo dale, Co 81623 Phone: 963-1264 U.S. F rest Service P.O. ox 309 Carbo dale, Co 81623 Phone: 963-2266 ooouo4 Directipns to proposed project: ~. Travel4ng south on State Hwy 133, make a left into the BRB subdivision approximately 9 miles from Carbondale. You will then cross over the Crystal river; follow the road to the right and continue until you reach a fork in ~Ithe road and take a right turn. Stay on South Billcreek road (you will pas over Potato Bill Creek) until you reach the property at the end of the ubdivision which is situated on the Crystal River. This is the site of the roposed project. 000005 • ~ U~ I\ p~~ ~~ o ~~~~ ,- ,;, ,; ~`~~ 1 m~ ~zs ~^ a d ~'~ o z ~'~~ x c ., F, v ~br~Tp I rtl ~ ~ , I O i ~ ,, i ~ ,r /'I ~ / ~. 000006 0 i~ r f iP o/ O 1 _~\. ni c~ G~ ~~~ ~~ G' QA~ De~ __=-- ~ ~ i~ ~o ~' '~ ,MEMORANDIIM i RE: Dodd's Minor 1041/General Submission Approval This memo hereby approves develcpment of a single family dwelling and associated development on Dodd's parcel, known as Tracts 108 and 10~, Bill Creek Area (NE 1/4 of the SW 1/4, Sec 34, T 8 S, R 88 W olf the Sixth P.M. The site includes and is adjacent to the Crysta{1 River. The approval is based on an accompanying site plan with a designated building envelope and access driveway. Parking improvements may be located immediately north of the envelope and the se tic system and leach field may be located below and outside the en~elope. All improvements must abide by the stream setback and ve etation protection conditions outlined below. The pr posal is approved by the Planning Director subject to the follow'ng conditions of approval: 1. T e applicant shall comply with Environmental Health Services l~tter dated September 24, 1991. 2. T e applicant shall comply with all recommendations contained i Nicholas Lampiras letter dated Aug. 18, 1992. This shall i clude but is not limited to submittal of a soils engineering s udy concurrent with building permit application submittal. 3. P~ior to issuance of an Occupancy Permit, the applicant shall c~nstruct a kennel for dogs. All dogs kept onsite shall be k nneled or leashed. 4. A~11 development and disturbance shall be setback a minimum of 2 ' from the top of bank of the Crystal River. Existing mature cottonwoods located onsite shall be preserved. 5. A~1 material representations made by the applicant in the a plication shall be adhered to. 6. T e applicant shall submit a 24" x 36" mylar of the site plan f r recordation. The plan shall include a reference to all c nditions of approval as stated herein as well as the f llowing: he provisions of the County's 1041 regulations do not in any y assure or imply that areas outside designated hazard areas 11 be free from hazards, or that approved mitigation asures will guarantee the safety of any property." by: Su n Kon an, Pla i g Director -- 3~~~~Z----- Date ~UU~~~ ASPEN/PITIKIN PLANNING40FFICE _. 130 scum Galena Street _~ Aspen, Colorado 81st 1 (303) 920.5090 LAND USE APPLICATION FEES CITY: -63254134 GMP/Conceptual -63274136 GMP/Final -63284137 SUB/Conceptual -63304139 SUB/Final -63314140 All-2 Step Applications -63324141 Ail 1 Step Applications -63334150 Staff Approval -63432-157 Zoning Plan Check -63432-157 Sign Permit -0010400000-31070 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336.152 Mirror -63337-153 Major Devel. -63338-154 Signit. Devel. -63339-155 Demolition COUNTY: X3164126 GMP/General -63174127 GMP/Detailed -63184128 GMP/Final -63194129 SUB/General -63204130 SUB/Detailed -63214131 SUB/Final -63224132 All 2 Step Applications -63234133 All 1 Step Applications -63244149 Staff Approval -63454146 Board of Adjustment ~~ ~ ~ -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering -County 00115 -63340-163 Engineering -City 00123 -63344190 Housing 00125 -63344205 Environmental HeaRh PLANNING OFFICE SALES: -63084122 County Code -69004145 Other (Copy Fees) TOTAL ~o'CO Name: G )~ 1 R 2 {~ DC ]~(~ S Phone: ~ ~` 3 - `~ 7 (1 t (` Address: ~C ~ Project: ~~'- `~ Check #: Date: ~ ~ `7 L No of Copies: / 000008 RIIG A3 '92 09:S2RN CITY CF R5F£N P.S/6 • Couatl of litkiA } ,!!ID]1V2T O! IfOTICB 8Y } ! ss. lOQTI71fs OF A Q11itiA]fC8 HF.A&I1(G State of Coiorado } 8!J'ORE TSE PITxIIi COli11TY SOAxD O! AOTIJ$TI~IT The undersigned, being first duly sworn, deposes and says as follows: I, being or representing an Applicant before the Pitkin County Board of Adju#tment, personally certify that th® attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on-this matter in a conspicuous place on the subject property (as it could be seen tram the nearest public way) and that the #aid sign was posted and visible continuously from the L day of ,_~GIUSt , 19~, to the /5, c T day of ~~~~~~ , l~. (Must be posted for at least nine (9) fu11 days before tsar' te). Applicant's Signature Subscribed and sworn to before me this ;~,~_ day of , 19~_, by ~~~~TT"" WITNE36 MY HAND AND OFFICIAL SEAL. Ny Commission expires: ~`-/- ..~5-`zS Notary Public's Signature Address OOOOQ9 r #349•• 10/08/92 14:46 Rec $.00 •690 PG 911 Silvia Davis, F•itk:in Cnty Clerk:, Doc $.0~? RESOLOTION OF THE PITRIN COUNTY, COLORADO BOARD OF ADJIISTMENT GRANTING SETBACK RELIEF FOR MARK DODDS RESOLIITION NO. 92-40 WHEREAS, Mark Dodds, owner of 8880 Highway 133, requests a 60 foot front yard setback variance for construction of a single-family residence; and WHER S, a 100 foot front yard setback is required in the RS-30 zone istrict; and WHEREI~S, the subject property is within the unincorporated area of Pitki County, Colorado, (as described in Exhibit "A", attached); and, WHERE S, the Board of Adjustment is vested with the power to grant or de y such variances by virtue of Title II, Section 16-1.3, Pitki County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-28-118(2) (C); and, WHERE S, based on the evidence presented, the Board of Adjustment makes the following findings: Proper notice procedures, including the notification of all adjoining property owners, has been shown by the applicant. The required hardship or practical difficulty has been established. Granting such relief will not cause substan- tial detriment to the public welfare and will not substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, HEREFORE, BE IT RESOLVED by the Board of Adjustment, that a 60 fo t front yard setback variance be granted for construction of a single-family residence, due to topographical hardship, pursuant to th plans submitted (Exhibit "B"). i i; Any violation of the terms of this resolution may result in rehearing and possible revocation. 0000].0 ~ _. #349 lU/t?B/92 14:46 Fec #.OU 690 F'G 912 Silvi Davis, Pitkin Cnty Clerk:, ~c x.40 Resolution No. 92- ~~ Page 2 The F~esolution was adopted by vote of the Board of Adjustment of the Clounty of Pitkin, State of Colorado. 000011 The Board of Adjustment of Pitkin County, Colorado DATED,: September 1, 1992 y • • #3494r4 10/08/qt 14:46 Rec ~.tlU &IC 690 FG 913 Silvia Davis, Fitkin Cnty Clerk, Doc $,qp EXHIBIT "A" Legal Description for property owned by MARR DODDB 8880 Highway 133 Pitkin County, Colorado 00001? s J . , i L r vi I l.''1 L_ .^1 i i CJ / ~ ~ ! it Y V #349414 14/cig/9^c 14:46 Rec 3.CI~i &F: 690 F'G 914 Silvia Davis, Pitk:in Cnty Clerk., Doc $. 00 ~ l80 lrO ~~ .d Z° 2~~ 23~~----- e Tract I I I i ' ~ 7~ ~ S~ d ~ ~~ •' __-~ - r ~ r 'N i ' I ~ ° W + ~ of I .. ' ~ I ;,o ; L ' 1 a ~ ~ ~ `/ ~ F~+' ~~ ,~V !! ~ i r/p I ~ ~ z ~~ ' r( .< rx w ~ r' ~ Y 5~ kl4 ~ ~ '?a~. N F y r. . :~y ~ 4~ . ~J Y~S _. *} ~ r ~ ~'r - ~ w ~ ~loz `~ _ ~~ pp 3 ~ !' x~, 'k., 'eAr RZ ~ v ~ F h , r ~.. Q s ' ~ ~ ~ / ^..e{ 5pi~e 2 ~ ;.as~a~.~ ~i.looo' W' a uIT I RJR, IE 2E'R>1/Yf/JG ~ m'~e ;' ~ ~ ~1 -~ ~. ~~ ~ _ _- ~ `~ .~ I c_+~~,GStS~ .~ ~ ~ - . ~ 9q __ ~ ' ill I / ~ ~ _... ~.. v C I II, ." - N ~i ~ ~ ~~ I! ? .V i i ~ II ' S 'I ~~U~~~ O ;~ o N rv i, • NOTICE OF PUBLIC HEARING BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING VARIANCE DESCRIBED BELOW: Dursuant to Pitkin County Zoning Resolution of June 5, 1955, as amended, a Public Hearing will be held in the District Coumoom, Pitkin County Court House, Aspen, Colorado, (or at such other place as the meeting may n be adjourned) to consider an application filed with the said Board of Adjustment requesting authonty for v 'ance from the provisions of the County zoning Resolution. All pers ns affected by the proposed variance aze invited to appear and state their views, protests or objections. If ou cannot appear personally at such meeting, then you aze urged to state your views by letter, particularly if ybu have objection to such variance, as the Boazd of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for van~nce. A VARIANCE GREATER THAN OR LESS THAN THAT REQUESTED COULD BE GRANTED. DATE AND Raymond RS-30 zone Mark and I in the RS-20 Subdivision. Mark Dodds: 30 zone distric Justine Kirk: ~ R-30 zone distr allowed, for an Green Subdivisi D. Chris ~ the SR zone Home Park. Bernard F AF-1 zone Submitted to th To Be Publishe County PO #54 OF MEETING: Tuesday, September 1, 1992; 5:15 P.M. Commissioners Meeting Room, Courthouse ~: requesting approval fora 65' front yazd setback variance where 100' is required in the for construction of a ranch gate. Property Location: 5980 Snowmass• Creek Road. Bedell: requesting approval fora 50' front yard setback variance where 100' is required district, for construction of asingle-family residence. Property Location: Lot 4, Wolfson esting approval for a 60' front yazd setback variance where 100' is required in the RS- r construction of asingle-family residence. Property Location: 8880 Highway 133. esting approval fora 5' SE side yazd setback variance, where 15 feet is required in the and an 800 squaze foot increase in floor area, where a maximum of 3,372 squaze feet is ition to an existing single-family residence. Property Location: Lot 14, Block 2, Pitkin requesting approval fora 5' NW side yazd setback variance, where 10' is required in for an 8' x 16' entry and storage addition. Property Location: #5 Lazy Glen Mobile requesting approval fora 25' front yard setback variance where 100' is required in the for construction of an accessory structure. Property Location: 118 Woods Road. Aspen Times on August 18, 1992. in the Aspen Times August 21, 1992. 00001 r~ Minutes Pitkin County Board of Adjustment September 1, 1992 Members Present: Rick Neiley, Chairman John Wheeler Ted Guy Michael Cooper Members Absent: Staff: Evan Gull Rod Dyer Stan Mathis Joanna Schaffner, Zoning Enforcement Neiley opened the meeting at 5:20 p.m. and introduced the Board to those present. Case #92-35. Justine Kirk, L14. B2. Pitkin Green Subdivision Sunny Vann was present, representing Justine Kirk, to request a 5 foot SE side yard setback variance, where 15 feet is required in the.R-30 zone district, and an 800 square foot increase in floor area, where a maximum of 3,372 square feet is allowed for this lot, for an addition to an existing residence. Vann stated that a 40 foot easement straddles the common property line, and functions as a driveway for the applicant's and five other properties. As required by the County Code, surface easements are subtracted from lot area to determine FAR. Thus, the 40 foot easement subtracted from the lot area (34,160 square feet) reduces the maximum allowable floor area from 4,440 square feet to 3,370 square feet (a 1,070 square foot reduction), and encompasses one fourth of lot. The current floor area of the house is 3,270 square feet, which leaves only 100 square feet for expansion. The proposed addition would add a total of 900 square feet to the floor area. The 5 foot side yard setback variance would allow for enclosure and expansion of the front porch, and a new deck. According to Vann, the encroachment should not impact the adjacent owners, and since the FAR variance would not increase the bulk of the house in relation to its lot, it, too, would not be detrimental to the surrounding neighborhood. The five other owners who share the driveway have all consented to the request. Vann noted that if the easement was conveyed today, the County standards would only require a 30 foot easement. The easement was imposed at the time of subdivision, prior to construction of the home, and was, therefore, inherited by the applicant. The neighbors are not similarly encumbered. Wheeler asked what the maximum allowable floor area would be if the easement was 30 feet. Vann estimated that it would be less than 1 00005 Schaffner stated that the ranch gate complies with the new accessory height requirements, so the Board need only be concerned with the setback of the gate. Woodrow noted that the property is fenced 35 feet from the road. There was no public comment. Guy noted that the lot was non-conforming. Neiley stated that the gate is part of the existing fence, and that relocating the fence 100 feet from the road would be unreasonable. Fences under 6 feet are not subject to building permit review. Neiley moved to grant a 65 foot front yard setback variance for a proposed ranch gate on the grounds of practical difficulty, in accordance with the plans--submitted. Guy seconded the motion, and all were in favor. Case #92-38 Mark Bedell. Lot 4. Wolfson Subdivision Mark Bedell was present to request a 50 foot front yard setback variance, where 100 feet is required in the RS-20 zone, for construction of a single-family residence. Bedell noted that there are two existing structures on the site: a barn and a trailer house that will be torn down. He would like to build on the location of the existing house, which is within 87 feet of the property line. This location allows him to use the -flattest area of the site, which slopes off below the existing house, and gives him the best solar access in winter. The County downzoned the property with the RS-20 zoning, and created a substandard lot. Bedell proposes to move the existing barn which sits within 25 feet of the property line to a location within 50 feet of the front yard property line. He stated that the proposed changes in the Land Use Code would adopt a 50 foot front yard setback for a substandard lot in the RS-20 zone district. Schaffner was not aware of that proposal, and informed the Board that they could only rule on the existing code. Guy noted that the closest conforming zone district would be AF-2, which requires a 75 foot front yard setback. Wheeler stated that a 75 foot front yard setback variance could be granted based on downzoninq, but that he did not see any extreme topographical hardships that would justify an additional 25 feet for the setback. Guy agreed. There was no public comment. Guy stated that the first public hearing on the new Code will occur before the next Board meeting, and depending on the outcome of the hearing, the Board might be more comfortable granting a variance 4 ~D~~lo r based on the new regulations. Schaffner noted that the Board could approve a 75 foot variance now, and Bedell could then come back to the Board to ask for a 50 foot variance, but that he could not make the same request to the Board within a year. Neiley asked Bedell if he would like to table the case to the October 6, 1992, meeting, and Bedell stated that he would. Neiley moved to table Case 192-38 to October 6, 1992. Guy seconded the motion, and all were in favor. Joanna Schaffner addressed the Board, stating that Chris Trautner has r@quested that this case be tabled to October 6, 1992. Guy moved to table Case #92-39 at the applicant's request. Neiley seconded the motion, and all were in favor. Mark Dodds was present to request a 60 foot front yard setback variance, where 100 feet is required in the RS-30 zone district, for construction of a single-family residence. Dodds noted that the Carbondale city water line and the Bain- Thomas ditch both run through his lot, creating great hardship in finding room to build on the lot. His lot is 2 acres, and is only 22 feet wide and 34 feet long. Schaffner stated that the property went through a Minor 1041 Hazard Review in which wildlife and floodplain hazard areas were reviewed. A builiding envelope outside the hazard areas was approved. Guy noted that the lot shows definite topographical hardship. Kenny Osier, a neighbor, noted that in 1972 Robert Sewell deeded access and right-of-way to all existing roads in the subdivision to the residents of the subdivision. Dodds' driveway is one of those roads, and is the most commonly used road that joins with the railroad bed. He asked if the other residents would still have access to the railroad bed. Laurie Osier stated that they are not against Dodds' building, but just want to know the impact of the setback on the access. John Stickney, President of the Crystal Oaks Bridge Association, stated his concern that the 30 foot right-of-way on Dodds' property is very close to Dodds' building envelope. He noted that the dedicated road, S. Bill Creek Road, is platted, but has not been used. His concern is with access by the residents of the subdivision. Schaffner stated that the Board of Adjustment is not the proper forum for this access issue, and that the Board can only decide 5 000019 whether or not a hardship is exhibited, which warrants a variance. Neiley noted that the lot is entitled to a building envelope, and that it does not directly impair any claimed access. Neiley stated that this is a classic downzoning case. Guy moved to grant a 60 foot front yard setback variance for a proposed single-family residence, on the grounds of topographical hardship and downzoning, as depicted on the plans submitted. Neiley seconded the motion, and all were in favor. Neiley referred the neighbors to the Open Space Board, which is in the process of studying and mapping the area. *************~*****************************,t****************,*~*** The July 7; 1992 minutes were approved as•written. Neiley stated that he had spoken with Jim True, who urged the Board of Adjustment to set up a worksession with the Board of County Commissioners to discuss the conflict of interest policy. Schaffner will follow up. The meeting was adjourned at 6:40 Respectfully submitted, _~~ z w Suza ne L. Wolff, Secretary 6 ~~~~ry~ ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES CITY: -63250-134 GMP/Conceptual -63270-136 GMP/Final -63280-137 SUB/Conceptual -63300-139 SUB/Final -63310-140 All-2 Step Applications -63320-141 All 1 Step Applications -63330-150 Staff Approval -63432-157 Zoning Plan Check -63432-157 Sign Permit -00100-00000-31070 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 SignH. Devel. -63339-155 Demolition COUNTY: -63160-126 GMP/General -63170-127 GMP/Detailed -63180-128 GMP/Final -63190-129 SUB/General -63200-130 SUB/Detailed _ -63210-131 SUB/Final -63220-132 All 2 Step Applications -63230-133 All 1 Step Applications -63240-149 Staff Approval -63450-146 Board of Adjustment -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering -County 00115 -63340-163 Engineering-City 00123 -63340-190 Housing 00125 -63340-205 Environmental Heakh ~l O ~ U O PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL ~ ~ C L Name: / i I /-I /~ ~ ~~ ~~S Phone: ~ ~~ 3 ` ~ , ' ~t r ~ ~ i ~ /~ ,~ Address: Project: _ ~~ // ~ ~ ~ Ch k a ~ ~ I yL / ec 7t: Date: No of Copies: