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HomeMy WebLinkAboutpitkin.boa.92.41 PITRIN COIINTY BOARD OF ADJDSTMENT DATE ! ~ ~9~-2,.~ i 9 c3' APPLICANT X, r rihi~ ~.-d ~{. /1/~°. MAILING ADDRESS ~-5/,~- DPI,,. Ih"1 ~~l,J e.S 1 ~ ~ V OWNER ~ e~~ a r k A. Iy e, a I MAILING ADDRESS LOCATION OF PROPERTY ~~I--DTs ~~ CASE ~ ~Z' TI PHONE ~" D 5 ~f' ~- 7 ^ O ~ a-'I ~ .S o e Y~c,a. r- D k, 73 o g' ~L. D a. 3 PHONE __ ~7 2-'Z- 3 2-58 ..~ ,,. Any pertinent data must accompany this application, and will be made pert of this Case. The Board may return this application if it does not contain all the facts in question. Applicant Signature ' (TO be completed by the 2oninq Department) Provisions of the zoning resolution requiring the Zoning official to forward this application to the Board of Adjustment, and reasons for not granting a building permit: ~~""~ zone District Requesting: o. S .Lot Size Jr~/ Front Yard Setback Variance, where r15_' is required. ' Rear Yard Setback Variance, where ' is required. ~_' ~ Side Yard Setback Variance, where ~,© ' is required. ' Side Yard Setback Variance, where ' is required. Height Variance, where ' is required. Square Feet where a maximum of sq. ft. is allowed. Other: Zoning Official Q~~~=+r,C.E+~ i~,cy~x~v~~ Application filed ~ q ~ Parc~Y~ID No. ~ `/7 3 - /81 - bd _ ~ 3(~ Date of Meeting /~~ 4 ~R~- Notices Mailed `~ L 2- Secretary ~-h~-~~ Refer Resolution to Building Department ~ _ ~ Yes ~ _; No ODUUUI o~ I ~D ' ~' NOTICE OF PIIBLIC SEARING TO ADJACENT PROPERTY OWNERS BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to Pitkin County Resolution of June 5, 1955, as amended, a Public Hearing will be held in City Council Chambers, City Hall, First Floor, Aspen, Colorado (or at such other place as the meeting may then be adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the County Zoning Resolution. A11 persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and otherslaffected in deciding whether to grant or deny the request for variance. THE PARTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE ARE AS FOLLOWS: Date aftd time of meeting: Owner: Name and Address of Applicant: October 6, 1992 at 5:15 p.m. 2nd Floor Meeting Room, City Hall Richard Neal Richard Neal 2512 N. Midwest Blvd Spencer, OK 73084 Property Location or Description: 24954 Frying Pan Road Requesting approval for a 54 foot front yard setback variance and a 12 foot east side yard setback variance, where 75 feet and 20 feet, respectively, are required in the AF-2 zone district, for construction of a single-family residence. Approval of this varianOe would allow the proposed residence to be 21 feet from the front yard property line and 8 feet from the east side yard property line. VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED. Duration of Variance: Temporary Permanent X THE PITKIN COUNTY BOARD OF ADJUSTMENT 000002 Suzanne L. Wo f , Secretary 14 Sep 1992 To: Yitkin County Board of Adjustment Subject: Applir,rC ion Cor v~r ri,utr•r~ fur non-conLo rm i_nr{ Lot 1. Regt.test ~,ve be granted a variance to rebuild a single family residence on my property iocrrCed at 2996-1 Frying 1)an }?odd, 'Phomasville, Co. I have owned the property since 1967. Pre-exisiting home was destroyed in a propane explosion in 1973. There is an exisiti.nq wur}.;ing [dell and septic on propcrCy. Septic will be upgraded to conform with envi.ormental health. a. Non-conforming lot size in .ZS acre. Upstairs floor living and bathroom space has been deleted to conform with lnt sizo spa~~,~ rrlhi.o. b. Topography u~ 7.ot prevents the building being set, the regdired dishance from property line~~;. Set bar, l: of Yiom~~ is approximately same distance as adjacent ]tomes on samo side uC road. 2. We feel we should be granted a variance to rebuild our home due to the number of years we have owned and payed taxes on j~roperty. The home Drill. greatly improve area. Also, tide already Have storage buildings on lot. St,urage buildings will be upgraded. Two small buildings will be removed. L~hard A. e 1 I. ~tcn N~rl i ru• Pima 1 Atchs: Site Plans ~ map Adjacent property owners OOOOQ'' Adjacent Property Owners L-.L.Ridgeway 3904 Fry Tyler, Texas 75701 Betty I. Allison 0035 Cardinal Lane Glenwood Springs, Co. 81601 Fred Buford 4801 North Lindhurst Dallas, Tx 75229 Nancy J. Timms 6889 Frying Pan Road Boulder, Co 80301 Carolyn M. Shell 4608 Elmwood Pkcaay Metarire, La 70003 ~' 'r ° to '1-- 66 u" ~Q~~~~ 130 South Galena Street ~~ Aspen, Cobrado 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 X3310-140 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 Sign'rf. 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 Stall 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 X3340-205 Environmental Health PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL ~ ~" Name:h ~ (~~«t Cj e i i~~aC~~n-Q ~1.:F~~\Phone: Address: ? r ! 7 ,'~, I I L~ C~ ~~ f,1 j- '-' 4C~roject: ZI< < -/c ~ ~~E~ 1. ,L/ I ~ ~ 2S i~ ~~ I-~ ~ZG , ~ -1 L' `-(' ( 4 l Check #: L' j 3 ' Date: ~ / No of Coges: / OOOUOS .. County of Pitkin State of Colorado The undersigned, follows: I, being or representing an Applicant before the Pitkin County Board of Adjustment, personally certify that the 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 from the nearest public way) and that ,t~h/e said sign was posted and visible continuously from the/ ~,)Q_ day ofpp,,~~ ~ , 19~, to the _ [~ day of _ ~L.t'~ 19~~. (Must be posted for at least nine (9) full days before they hearing date). Ap icant's Signature Subscrilaed and sworn~tonbefore me this ~~"~ day of ~ _,~} 195,.'x, by ~1.~c~,..,^-~ ~U/ WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: y ~ ~A\~ ~ ~ay-~ 1~~ Notar ~u~c'~s~S~gnrn} re Address (~\\JYv\ `U\ ~~ } AFFIDAVIT OF NOTICE BY } ss. POSTING OF A VARIANCE HEARING } BEFORE THE PZTRZN COUNTY BOARD OF ADJUSTMENT being first duly sworn, deposes and says as 000006 ~ • #353 il/17/9~ 10:59 Sec $.`< Silvia Davis, F~itk:in ~~ &k` 694 FG 653 Cnty Clerk:, Doc ~,OO RESOLIITION OF THE PITRIN COUNTY, COLORADO BOARD OF ADJIISTMENT GRANTING SETBACK RELIEF FOR RICHARD A. NEAL RESOLIITION NO. 92-41 WHEREAS, Richard A. Neal, owner of 24954 Frying Pan Road, requests approval for a 54 foot front yard setback variance and a 12 foot east side yard setback variance for construction of a single- family residence; and WHEREAS, a 75 foot front yard setback and a 20 foot side yard setback are required in the AF-2 zone district; and WHEREAS, the subject property is within the unincorporated area of Pitkin County, Colorado, (as described in Exhibit "A", attached); and, WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, Section 16-1.3, Pitkin County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-28-118(2) (C); and, WHEREAS, based on the evidence presented, the Board of Adjustment makes the following findings: 1. Proper notice procedures, including the notification of all adjoining property owners, has been shown by the applicant. 2. The required hardship or practical difficulty has been established. 3. 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, THEREFORE, BE IT RESOLVED by the Board of Adjustment, that a 54 foot front yard setback variance and a 12 foot east side yard setback variance be granted, due to topographical hardship, downzoning, and non-conforming lot size, pursuant to the plans submitted (Exhibit B). i r; WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. o~nf~~~ ~ #350833 •y17~q~ 10:x9 Rec • Silvia Davis, Fitkin ~'~~~~ RF. 694 F Cnty Clerk G 634 Doc g,pq Resolution No. 92-~ Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: October 6, 1992 The Board of Adjustment of Pitkin County, Colorado ATTEST: ~-~, ~ w~~ Suz ne L. Wolff, Se tary i R ck Neil y, Chairman ~0~~~8 ~- C~ #350833 11/17/9 10:59 F2ec x.00 bY.. 694 PG 6'SS Silvia Davis, Pitkin Cnty Clerk:, Doc ffi.00 EXHIBIT "A" Legal Description for property owned by RICHARD A. NEAL 24954 Frying Pan Road Pitkin County, Colorado OOOOU9 8 -~ j \~ ~oGy~~ • Fah ~ b. f b T ~,. \ ~o "90 ~' ~,~ s ~ \ \ ~O, ~ ~. \ a ~f ~ ~ \~b ~ o`rRnEAO vo.cnv1rs ' / ~ 9 \ ~~ \ t ~ ~ ~~ 5 e~\~~`'PS ~ ~ ~-~ \ y20 _~ \ \ V \ ~ -'' i s \' J ~ tiN \ ~ FC / / ti 1, _ /' F ~~ __ .. .. 3 _ ~'C v~, --- -. s.: .._. _ \ n n ---- ~, _ __ -na \ ~, \ _ ~~ ~ -~. _ \ \\ ~ S ~- \ ~_ ~- ~ ~, Nor~s ~"fy \~z° \ I) RIE BEARINGS FOR 7NS,SU "PO ~~ BEiKEEN A FOUND REBAR. '~ ~~ \ AND A FWND S10NNE USl ~ \, ~ 1 ~, \\ \ 1J GDNTWR INTERVAL = Y"., Y n` \ 3/ELEVATIONS 4RE' \ AT THE N W COR 0 ~~9~ \ ~ 4) THIS PLAT IS REBAR & CAP TO BE T WITH MOUNTAIN' \ \ LS 225\\ :_ ~L~~~10\. ;. Cn .. cn < C~ IL W 0 .. ~~ ~ N .. _ ~ '9 ~0 rtN t' y+ "' V 7 n~ rtA ~ n ~~ r, lA O T n p~ ~F A G 'n G G7 u 0~ i ,;' NOTICE OF PUBLIC HEARING BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING VARIANCE DESCRIBED BELOW: Pursuant to Pitkin County Zoning Resolution of June 5, 1955, as amended, a Public Hearing will be held in the District Courtroom, Pitkin County Court House, Aspen, Colorado, (or at such other place as the meeting may then be adjourned) to consider an applicafion filed with the said Board of Adjustment requesting authority for variance from the provisions of the County zoning Resolution. All persons affected by the proposed variance are invited to appeaz and state their views, protests, or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objection to such variance, as the 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 variance. A VARIANCE GREATER THAN OR LESS THAN THAT REQUESTED COULD BE GRANTED. DATE AND TIME OF MEETING: Tuesday, October 6, 1992; 5:15 P.M. 2nd Floor Meeting Room, City Hall Richard Neal: requesting approval fora 54' front yard setback variance and a 12' east side yard setback variance, where 75' and 20', respectively, are required in the AF-2 zone district, for construction of a single- family residence. Property Location: 24954 Frying Pan Road. Robert Magoon: requesting approval fora 25' front yard setback, where 100' is required in the AF-1 zone district, for construction of a patio/deck. Property Location: Lot R-73, Stanwood Subdivision. Submitted to the Aspen Times on September 22, 1992. To Be Published in the Aspen Times September 25, 1992. County PO lt54326 000011 Minutes Pitkin county Board of Adjustment October 6, 1992 Members Present: Rick Neiley, Chairman Ted Guy John Wheeler Michael Cooper Evan Gull Rod Dyer Stan Mathis Staff: Joanna Schaffner, Zoning Enforcement Neiley opened the meeting at 5:20 p.m. and introduced the Board to those present. _ Stan Mathis submitted his resignation to the Board, effective immediately, in light of the discussion of the conflict of interest policy with the Board of County Commissioners at a worksession earlier today. Schaffner asked if the Board would like to reschedule the meeting on November 3 because that is election day. The Board decided to keep the regularly scheduled meeting date. This case was tabled at the last Joanna Schaffner addressed the Board, stating that Justine Kirk has requested that this case be tabled to November 3, 1992. Gull moved to table Case #92-35 at the applicant's request. Guy seconded the motion, and all were in favor. Case #92-38. Mark and Linda Bedell. L4. Wolfson Subdivision This case was tabled at the last meeting. Mark Bedell was present to request a 50 foot front yard setback variance, where 100 feet is required in the RS-20 zone district, for construction of a single-family residence. Bedell summarized his comments from the October 6 meeting. Minutes of this meeting are on file in the Zoning Office. Glenn Horn was present to discuss the proposed changes to the Land Use Code that Bedell brought up at the previous meeting. Horn worked under contract with the County to develop new setbacks in response to the increased caseload for the Board and the staff that was created by downzoning. The idea for the new setbacks was to come up with a sliding scale for substandard size lots. A chart was developed in which lots of less than 3 acres would require a 1 ~~~'J~~ 30 foot front yard setback, and lots of 3 to 10 acres would require a 50 foot front yard setback. Horn noted that the staff was not directed to make any changes in the chart after the first reading and public hearings, but that the staff does not yet know when the new code will be adopted. Horn stated that he had discussed the proposed changes with Bedell, and was therefore an influence in Bedell's request for the 50 foot front yard setback. Neiley stated that the problem at the last meeting was with the size of the setback requested. He noted that in considering substandard size lots, the Board traditionally tries to use the setbacks from the closest conforming zone district. Guy noted at the last meeting that the AF-2 zone, which requires a 75 foot front yard setback, is the closest conforming zone. Bedell stated that Francis Krizmanich, the Zoning Department staff member responsible for the revision of the County Code, fee3s that the sliding scale works better than using setbacks from a zone with a similar lot size. Wheeler stated that the case was tabled at the last meeting in hopes that the new Code would be closer to adoption, but this does not seem to be the case. Gull agreed, noting that the new Code has been in the works for years, and that he was not comfortable finding a hardship based on intended legislation. Wheeler also noted that the topography allows the house to be sited in other areas. Neiley noted that he was having a problem finding the hardship necessary to grant a 50 foot variance, without deviating from the purposes and intents of the Code. There was no public comment. Neiley moved to grant a 50 foot front yard setback variance due to downzoning and existence of prior house and building area relatively close to the area in which the applicant wishes to build a new home. The motion was not seconded. Cooper asked if this case is unique based on the proposal to move the existing accessory building farther from the property line, while constructing the new principal structure closer to the property line. Guy did not feel that reason made the case unique. Guy moved to grant a 25 foot front yard setback variance due to downzoning and the presence of an existing building area. Wheeler seconded the motion, and all were in favor. Gull did not vote on this case. Case #92-39. D. Chris Trautner, #5 Lazy Glen Mobile Home Park This case was tabled at the last meeting. 2 000013 • Chris Trautner was present to request a 5 foot NW side yard setback variance, where l0 feet is required in the SR zone district, for construction of an 8 foot by 16 foot entry and storage addition. A deck previously existed in the space where he is proposing to construct the new addition. The deck was removed when its condition deteriorated. Wheeler asked Schaffner to clarify the requirement for distance between trailers, and she replied that a 10 foot separation is required. The Board discussed minor changes in the placement of the addition, based on their concern to maintain l0 feet between trailers. Gull stated that the required separation is related to safety. There was no public comment. Guy moved to grant a 6 foot NW side yard setback variance to permit an 8 foot by 16 foot addition to an existing trailer, with the condition that the addition be at least 10 feet from the neighbor's existing addition. Gull seconded the motion, and all were in favor. Dyer did not vote on this case. Case #92-41. Richard Neal, 24954 Frvinc7 Pan Road Richard Neal was present to request a 54 foot front yard setback variance and a 12 foot east side yard setback variance, where 75 feet and 20 feet, respectively, are required in the AF-2 zone district, for construction of a single family residence. Neal noted that his lot is only 1/4 acre, and that the previous residence on the lot was destroyed by a propane explosion. Schaffner stated that the property has gone through a 1041 hazard review for steep slopes and has an approved building envelope. She also noted that the Neals owned the lot when it was downzoned, and that there are severe topographical restrictions on the site. There was no public comment. Guy moved to grant a 54 foot front yard setback variance and a 12 foot east side yard setback variance, for construction of a single family residence, due to topographical hardship, downzoning, and non-conforming lot size, as per the plans submitted. Neiley seconded the motion and all were in favor. Wheeler did not vote on this case. Case #92-42. Robert Magoon, Lot R-73. Starwood Subdivision Stan Mathis was present, representing Robert Magoon to request a 25 foot front yard setback variance, where 100 feet is required in the AF-1 zone district for construction of a patio. 3 0000 4 Mathis stated that a 20 foot front yard setback variance was granted by the Board on May 5, 1992 for construction of a patio. This new request would increase that variance by 5 feet. Due to the slope down to an irrigation ditch, the portion of the patio that was originally designed to be on-grade will have to be constructed above-grade. There was no public comment. Gull moved to grant a 25 foot front yard setback variance for the encroachment of the deck as shown on the plans submitted, due to downzoning. Wheeler seconded the motion and all were in favor. Guy did not vote on this case. ****************************~~********************************,t** The September 1, 1992-minutes were approved as written. The meeting was adjourned at 6:10 PM. Respectfully submitted, ~L'v1~G1.C ~ V~'~' h Suza ne L. Wolff, retary • LAND USE APPLICATION FEES aTY: -63250-134 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 -63330-150 -63432-157 -63432-157 -00100-00000-31070 HISTORIC PRESERVATION: -63335-151 -63336-152 -63337-153 -63338-154 -63339-155 COUNTY: -63160-126 -63170-127 -63180-126 -63190-129 -63200-130 -63210-131 -63220.132 -63230-133 -63240-149 -63450-146 -63235-148 REFERRAL FEES: -63360-143 00115 -63340-163 00123 -63340-190 00125 -63340-205 PLANNING OFFICE SALES: -63080.122 cc69000-145 ~oU~~U ^"` ~wnNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 GMP/Conceptual GMP/Final SUB/Conceptual SUB/Final All-2 Step Applications All 1 Step Applications Staff Approval Zoning Plan Check Sign Permit Use Tax for Sign Permits Exemption Minor Major Devel. Signif. Devel. Demolition GMP/General GMP/Detailed GMP/Final SUB/General SUB/Detailed SUB/Final All 2 Step applications All 1 Step'4Pplications Staff Approval Board of adjustment Zoning Plan Check Engineering -County Engineering -City Housing Environmental Health County Code Other (Copy Fees) r~ L ~_ ~_ TOTAL~~_ Name:. ~ i l ~',iL C~ E ~ ~~n Cl~n.r' /~~y~~~ Address: Phone: -L liliC~l`C,1Li _ ~ ~ Lc i j ~ i~ roject: ~ ~ ~ ~ ,. c ~, _ Check #: ---Date: ~~ ~' ~ ~~ i ~ No of Copies: