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.:.. PITKIN COUNTY BOARD OF ADJUSTMENT DATE ~ o ~ 19 / a APPLICANT ~~LEN ~19 /iT/9' CASE $ ~ © '~O ~/ l`iv.~i• 6'16d~ LOCATION OF _________________________________________________ (To be completed by the Zoning Department) Provisions of the zoning resolution requiring the Zoning Official forward this application to the Board of Adjustment, and reasons for not granting a building permit: Requesting: /`i~~Zone District a? Lot Size 7i,~ ' Front Yard Setback Variance, where ~' 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: Hardship: N t}-n-- Zoning Offi Application filed = / Notices mailed.~S -Z lD Parcel ID # ,~ (per y- /7~/- G%/ - p/a. ~~~ 0~..~~~: ~^^ Any pertinent data must accompany this application, and will be made part of this Case. The Board may return this application if it does not contain all the facts in quel /~o~n~.~ Applicant Signature ~~~ ~~/ NOTICE OF PUBLIC HEARING 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 the District CourtRoom, Pitkin County Court House, 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. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and other affected 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 and time of meeting: Name and Address of Applicant: Property Location or Description: Road, Pitkin County, Colorado June 5, 1990, at 5:15 p.m. Helen Barta P.O. Box 184 Basalt, CO 81621 Lot 27, 0426 Holland Hills Requesting approval for a 71.5 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, for construction of a residential garage. This variance, if granted, would allow that the garage to be 28.5 feet from the Barta front yard property line. Duration of Variance: Temporary Permanent• X THE PITKIN COUNTY BOARD OF ADJUSTMENT ~~ / Cindy Christensen, Secretary ooooaz (~ ~ • .Ceptember 1~,1~13~1 To whom it may concern, The reason that we would like a variance are as follows. The subdivision of Ilolland Ilills is still zoned as AP1 orh9.ch requires a 100 foot setback from the front nropert,y line, and a thirty foot setbae}; frown the sides and the basic. As you ca.n see from the plat map the lot is only 11}n feet wide/ If we met the set backs we would have a Tarap,e that was lq feet wide. Thank You very much UUUU03 ~~ • • List of adjacent property owners. Donald Davis- 130'75 5.1;. 26th St. 8E 201 Belviei~r, Washin~,ton 98005 Clayton MacDonald- Box 1861 Aspen, Colo. 87612 ,john Garland- 0198 I{olland Hills Basalt, Colo. 81627. Peter Abplanalp- Box 3122 Aspen, Colo. 8162.1 Alice Vaf';neur- Box 1055 Basalt, Colo. 81621 Map;ne Nostdahl- 607 E. Cooper Ave. Aspen, Colo. 81611 Kent Schuler- Box ].05111 Aspen, Colo. 81612 ODUU04 ~(~~' ~ ~ ~chibit ~~p^ Legal Descr~6ptiont Lot 2~~ Holland Hills at Basalt Fitkin County Colorado, D~UUQS .~ ,~ ~- r- r r' ~- ~ r r- r r r '~~ !, 14 '~ i ', J ~~ i ,~ ~, , ____ p p ~ _... o z 0 ' h ~ pu ~W C ~' J 1` ty _ 0 I~ a ~.y ~~ ~~.. 4 iv a -____--- 3Nd~ , 73NM3~ ODUUOEi ~ ~ ~ ~~~ ., ~ ~. ~~ ` ~. _ ~, ~~ ~ ,,~ ~~~ ~ ~ ~t ~~ ~ ~' ~~ c -~ ~, I`~-- ~` Y ~.;~ ~ ~~ ` ~~ '~ T~ ~ ` ~ i v ~, o~ ,J ~ }~ ~ 0 ~j ~~ ~ ~ ~ O ~' c, V ~ ~ e J K 00 'ba dof/s~ fl 3 w J Q u h v . r • //~~ M y 1 x~ II 1 ~~ N s°54'Iq" 49;34'„ oil -F`I ~ s 1 SCALE. 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I l f--) qP ~ ~~-_ ~I ;~~ 'I ~~ 4SPEN/PITKIN PLANNING OFFICE i i 130 South Galena Street Aspen, Colorado 87617 (303)920-5090 LAND USE APPLICATION FEES Clty 00773 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63260-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-740 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES : 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-790 HOUSING 00775 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-729 SUB/GENERAL -63200-130 SU B/DETAILED -63270-131 SUB/FINAL X3220-132 ALL 2-STEP APPLICATIONS E3230-133 ALL 7-STEP APPLICATIONS/ CONSENT AGENDA ITEMS X3450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00725 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00173 -63360-143 ENGINEERING PLANNING OFFICE SALES 00713 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER Name: ~~I~""O-O Address:~_l~ ~ ~ 00 IYIt~[A>v' Check # 7 ~ Ol] Additional billing: Phone: #of SUBTOTAL UUUU13 County of Pitkin State of Colorado AFFIDAVIT OF NOTICE BY )ss_ POSTING OF A VARIANCE HEARING BEFORE THE PITRIN COUNTY BOARD OF ADJUSTMENT The undersigned, being first duly sworn, deposes and says as follows: ~ ~ ,~~j~,'~J I ~ _; ~ ~ ~ ~ ~~/~ 1 /~~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 th/e sra+l~d sign was posted and visible continuously from the ~' day of _ lg p,~ ~/ ~", / to the JcJ ~// da of ~~! ~~ y 19~_ (Must be posted for at least (09) full days b fore the hearing date). z --- Applicants Signature ~U~~~Y Subscribed and swot to before me this da of (~ Z9~_, by WITNESS MY HAND AND OFFIC AL SEAL_ My Commission expires= ~ ~ ~ ~i 4 ~~.~~ .. ~ ~.~_ ;_ ~ - 24449 Or119/90 1/:1.9 Rec •_~~~ Bt: 625 PB 121 Si.1•eca~ uavi~s, F'ikin :nty C).er:. Dc,c ?~.nii RESOLUTION OF THE PITRIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING SETBACR RELIEF FOR HELEN BARTA RESOLUTION NO. 90-18 WHEREAS, Helen Barta, owner of Lot 27, Holland Hills, requests a 71.5 foot front yard setback variance, where 100 feet is required in the AF-1 zone •d'istrict, for the construction of a residential garage; 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 71.5 foot front yard setback variance be granted to allow for construction of a residential garage, as shown on the plans submitted (Exhibit "B"), due to a nonconforming lot size and downzoning. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. 000015 ~= #3244 O;/.iB/9n 16:18 F:ec $.:~o Rk' 625 PG Silvia Uav.i.=., Pitki. n rntY Cler;:, Doc 2.tir: 122 Resolution No. 90-~ Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: June 5, 1990 The Board of Adjustment of Pitkin County, Colorado ATTEST: ~ ~~ Cind~( L. Christensen, Secretary ~ Kandi Shaffran, Chairman ooooib l~ ~~~~ :#-~~44~Or /:If3/90 16s iL-? Rec Z.:ic> • `- Szlvia Dsvis ;•, Lb': 625 PG 123 t.tin Cniy Clerk, Unc ~.fi~~ Legal Descriptions ~khibit "A" Lot 2~~ Holland Hills at Aasalt~ Pi.tkin County, Colcr,do. ODUU17 r ~ ~i~ x_ . '` 30 `'z'~~ 148.gZ1 0 '" --- ~' E~ISrI~J ~ F e~ ~ Gvn.iE~ pp N i ~ ~ j ~, 1-_K_ Y-..___x~. %/ i / i / /~' % .' I ,~ r I ~ ~ i// /r Fx1sT~'U4 //q /N I S7KUc7U2ES- ~7/ IN ~~~ /. ' _"` I l~T Z7 I ~ " 04Z1o ~fO~IJb NILLS ~R X ' aN gP.SA LT ~ o ~v ~A po V- PITIC II,I t11JT'( ~ ~ ` a.. ( _, - ~s4'7'o~t -49 f= ' ~ ~ Y ~_ . 134, 231 1 ~.l~ .__ _, ExiYf lll4 FEUG6 _- ~e IJoTE; AU_ IIJFa~MA-i-IatiJ -srArEO ml.~ TNIS SHEE7 15 BASED old --- h 511 RVEY F'I-Art DJ~TED 8-19-SCo ~ BY~~LItiIES IhJ ~SPt~GE'~ SYDIJEY LINcICOM~ ~L,.S, 14111) -~\ 40001.8 ~ - - _ ~ ./ 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 application 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 appear and state their views, protests, or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. DATE AND TIME OF MEETING: June 5, 1990 at 5:15 PM. Barta, Helen: requesting a 71.5 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, for the construction of a single family residence. Property Location: Lot #27, Holland Hills, Pitkin County. Sheffield, Hayne: requesting a 39 foot rear yard setback variance and a 38 foot northeast side yard setback variance, where 50 feet (for both) is required in the RS-30 PUD zone district, for the replacement of an existing deck and adding a proposed shed. Property Location: Lot 5, Crystal River Park Subdivision, Pitkin County. Bigelow, Steve: requesting a 75 foot frontyard setback variance, a 10 foot southwest side yard setback variance and a 24 foot north side yard setback variance, where 100 feet, 30 feet and 30 feet is required, respectively, in the AF-1 zone district, for the construction of a single family residence. Property Location: Lot 4A, Samuelson Tracts, Pitkin County. Broughton, Kenneth: requesting a 69 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, for an addition of a bathroom and bedroom in a single-family residence. Property Location: 126 Owl Creek Road, Lot 9, Section 34, Township 9 South, Range 85 West. Knezevich, Rick & Susan: requesting a 3 foot height variance, were 12 feet is required, in the AF-2 zone district, to construct a garage/storage/work area. Property Location: Lot 13, Block 2, Filing 2, Little Elk Creek Subdivision, Pitkin County. ODUU19 Yerkovich, Anthony: requesting a 43 foot front yard setback variance and a 45 foot west side yard setback variance where 100 feet and 50 feet is required, respectively. Property Location: Lot 1, 2 & 5, Section 15, Township 9 South, Range 85 West, Parcel 1, Stranahan-Wells, Pitkin County. Dictenberg, Peter: requesting a 49 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, for the construction of an addition to a single-family residence. Property Location: 2120 McLain Flats Road, Lot 12, Block 1, Whitehorse Springs. Submitted to the Aspen Times on May 22, 1990. To Be Published in the Aspen Times on May 24, 1990 County PO # 46823 QD~U~Q 2 Minutes Pitkin County Board of Adjustment June 05, 1990 Members Present: Member Absent: Kandi Shaffran, Chairman Rick Neiley Ted Guy None Evan Gull John Ostwald Stan Mathis Buddy Lucero and Joanna Schaffner, Pitkin County Zoning, were present with staff recommendations and comments. Shaffran opened the meeting at 5:35 p.m. and introduced the Board to those present. Case #90-18, Barta, Helen Lot 27. Holland Hills Darwin Barta was present to request a 71.5 foot front yard setback variance where 100 feet is required in the AF-1 zone district, for the construction of a residential garage. Shaffran read the minutes from the Case #89-49, where Barta requested a 5 foot northeast side yard setback variance and a 15 foot front yard setback variance where 30 feet and 100 feet, respectively, are required. A 75 foot front yard setback variance as measured off of the 60 foot right-of-way was granted due to downzoning. Barta explained the change in the location of the garage. Barta is presently asking for less of a variance than before. There was no one present from the public for any comments. After a brief discussion, Mathis moved to grant a 71.5 foot front yard setback variance, due to nonconforming lot size and downzoning, as per the plans submitted. Guy seconded the motion and it passed 6-0. Case #90-24, Sheffield, Hayne, L5, Crystal River Park Subdiv. William Novosad was present representing Hayne Sheffield to request a 39 foot rear yard setback variance and a 28 foot northeast side yard setback variance, where 50 feet for both is required in the RS-30 PUD zone district, for the replacement of an existing deck and the addition of a proposed shed. Neighbors, Harry and Christeene Bostron, were present stating their objection to the shed. A misprint in the letter to the adjacent property owners stated that the shed would be 12 feet from the property line, when in reality the distance is to be 22 feet. A copy of the signed resolution will be forwarded to the Bostrons. With the correction as noted, the Bostron's have no objections to what Sheffield is proposing. oooo~~ 1 After a brief discussion, Gull moved to grant a 39 foot rear yard setback variance and a 28 foot northeast side yard setback variance, per the plans submitted, due to downzoning. Guy seconded the motion and all were in favor. Case #90-26, Bigelow. Steve 0047 Mountain Shadow Wav Steve Bigelow was present to request a 75 foot front yard setback variance, a 10 foot southwest side yard setback variance, and a 24 foot north side yard setback variance where 100 feet, 30 feet and 30 feet, respectively, are required in the AF-1 zone district, for the construction of a single-family residence, because of a non-conforming lot size. A discussion was held if the variance should include an area well. The County considers area wells as development and prohibits them from encroaching into setbacks. Mathis mentioned that in the City it is handled differently. '~ Bigelow submitted a copy of the restrictive covenants for the Samuelson Tracts which calls for a 25 foot setback. Neiley and Shaffran both felt the house is placed in the best possible location and have no concerns with what Bigelow is requesting. Neighbor, Steve Smiley, stated his concerns about the location of the septic system. Bigelow has stated to Smiley that he has received permission to place this septic system on his neighbor's, Dugan, property. Guy stated that a 200 foot setback from Highway 82 has not been addressed. Because of this, renotification is required. Guy moved to grant a 75 foot front yard setback variance, a l0 foot southwest side yard setback variance, a 20 foot north side yard setback variance and an 80 foot Highway 82 setback variance, as proposed on the submitted plans, due to nonconforming lot size, pending renotification of the highway setback variance. Ostwald seconded the motion and it was passed 6-0. Case #90-27, Broughton, Kenneth. 1266 Owl Creek Road Scott Broughton was present to request a 69 foot front yard setback variance where 100 feet is required in the AF-1 zone district, for the construction of a proposed bedroom addition above an existing garage. Schaffner stated that this addition would be considered a separate dwelling unit as per the Pitkin County Land Use Code. Lucero further defined separate dwelling units. Lucero reiterated that the Board of Adjustment should be looking at the setback only, not the use of the structure. The Board ruled that it should address the setback issue only. Shaffran moved to grant a 69 foot front yard setback variance for the addition of a bedroom, as on the plans submitted, due to downzoning. Guy seconded the motion and it was passed 6-0. 00002? 2 Before the next case, Ted Guy left. Rick Knezevich was present to request a 3 foot height variance where 12 feet is required in the AF-2 zone district for the construction of a detached residential garage. An accessory dwelling's limitation is 12 feet. Knezevich stated that the location proposed for the garage is the most reasonable. The plans show that the area behind the pro- posed location of the garage is a flood area. Knezevich stated that the garage was to be attached, but realized all light into his primary living area would be lost. Knezevich stated that this is a very low lying lot, so the house has actually been built on fill. The house is high and the rest of the lot is low. He also stated that he his going to build the higher structure whether the Board approves the variance or not. If the Board denies the variance, he will build the garage as an attached garage. Neiley commented that there is a provision of the code which allows the Board to grant variances for extraordinary or exceptional conditions on the property not caused by the applicant. By applying this type of reasoning, it does not require a topographical hardship. Mathis stated that what the Code requires is rather clear, but understands that Knezevich wants to match the design of his house. Mathis also feels that a detached garage is more pleasing as it breaks up the look of a large structure, but still cannot find a hardship to grant the variance as requested. Neiley suggested tabling this case until the next meeting. The Board members all agreed that the variance is an appropriate request, but that a hardship cannot be found. Therefore, it was moved by Neiley to table the decision of this case until the next regularly scheduled meeting, seconded by Gull, and all were in favor. Mark Daily was present to represent Anthony Yerkovich, who is requesting a 43 foot front yard setback variance and a 45 foot west side yard setback variance, where 100 feet and 50 feet, respectively, is required in the RS-20 PUD zone district, for the construction of a barn and a single-family residence. Daily submitted revised plans requesting a 64 foot front yard setback variance for the construction of a barn only. Daily explained the history of the lot. The lot is 18 acres and was created in 1974. Neighbor George Stranahan would prefer the barn to be located below an existing ditch, and the future house to be located above the ditch. A letter from Stranahan was submitted approving Yerkovich's request. Stranahan owns all of the property which borders the area of the variance. 000023 3 Shaffran stated that the proposed location for the barn is the only location reasonable due to topographic reasons. Shaffran moved to grant a 64 foot front yard setback variance as shown on the revised plans submitted, subject to renotification, due to topographical hardships. Ostwald seconded the motion and it passed 5-0. Case #90-30, Dictenbera, Peter & Margaret 2120 McLain Flats Margaret Dictenberg was present to request a 49 foot front yard setback variance where 100 feet is required in the AF-1 zone district, for an addition to a single-family residence, because of topographical hardships. The lot is 7 acres. Dictenberg submitted pictures of the property and where the addition would be located. y Dictenberg also submitted a letter from neighbor, Mr. Metcalf, who would be most impacted by the variance. No one from the public was present. Mathis made a motion to grant a 49 foot front yard setback variance, per the plans submitted, for topographical hardships. Shaffran seconded the motion and it passed 5-0. The Board moved to change the July meeting date from July 3 to July 10. All were in favor. Mathis mentioned that he will be moving out of the County in July and needs to know if he can still be part of the Board of Adjustment. A formal letter to the Pitkin County Commissioners will be presented for approval. The minutes of the May 1 meeting were approved with changes submitted. Gull brought up some concerns he has with the Zoning Office's role to the Board of Adjustment. This was discussed. Neiley moved to adjourn the meeting; Gull seconded the motion and the meeting was adjourned at 7:45 p.m. Respectfully Submitted, ~ ~~ ~ - _ ~ ~ ~~~ ~ Cindy L Christensen, Secretary Kandi Shaf ran, Chairman 00002,4 4 s • Case °Sy-vy nai ~a ,.~~~ . ~__ _ Darwin Barta was present to request a 5 foot PJOrtheast side yard setback variance and a 15 foot front yard setback variance where 30 feet and 100 feet respectively, are required in the AF-1 zone district, for the construction of a residential garage. Dick Blanchard and Bob Hilldebrand of the Holland Hills Architectural Committee were present to review the Barta plans. It was their wish to have building plans presented to the Committee for approval before the Board reviewed them. Neiley informed Blanchard and Hilldebrand that the Board's review did not "in any way impair the ability [of the Committee] to review or approve or reject" an application for a Holland Hills Homeowner. Hilldebrand stated he just wanted the applicants to know that there is such a committee in Holland Hills, and to introduce the Committee to the Board. After a review of the plans and a brief discussion on access, front yard determination and subdivision setback requirements, Mathis made a motion to grant a 75 foot front yard setback variance as measured off of the 60 foot right-of-way due to downzoning. Gull seconded the motion and it passes with a 4-0 vote. Case #89 50 Hines Gerald Hines/Marolt Proper_tY in the Owl Creek Valley Architects, David Gibson and Scott Smith, of Gibson and Reno, were present to represent Hines in a request for a 16 foot height variance where 12 feet is required by the Pitkin County Land Use Code, for the construction of a barn. Hines requests that the barn be considered a principal use structure as in the RS-20, RS- 30 and RS-160 zone districts, which allow for barns 28 feet in height. Gibson presented maps of the 334 acre parcel, photos of the site, a sketch of the barn and of the barn's placement on the site. He explained that the land and proposed barn would be used for animal production, husbandry services and other farm and agricultural uses. The barn is necessary to adequately house these uses. The barn would be placed at the end of a fenced pasture where horses graze: Gibson explained that the uses permitted in the AF-1 zone are identical to those in the RS-20, RS-30 and RS-160 zone districts. However the latter zone districts allow for barns to be 28 feet in height, whereas a barn in the AF-1 zone district can only be 17 feet in height. f- .Gull explained that, according to the intent of the Code, a barn of 28 feet is a reasonable structure on a 20 acre or greater parcel. Therefore, he felt that a variance should be granted. Neiley stated that he thought the applicant showed demonstrated hardship because a reasonable use of this size parcel was 1 Nw ~ ~ ~,~~ oooo2a ~'"` i ~ Minute F'itkin County / Board of Adjustment November 07, 1989 Members Present: Kandi Shaffran, Chairman Rick Neiley Stan Mathis Evan Gull Member Absent: John Ostwald Mary Lackner, Pitkin County Zoning Enforcement Officer, was present with staff recommendations and comments. Shaffran opened the meeting at 5:45pm and introduced the Board members to the public. Case #89-45, Poop, Walter, Lot 21, Block 3, Filing 2, Little Elk Creek Village Walter Popp was present to request a 24 foot front yard setback variance, where 75 feet is required in the AF-2 zone district, for the construction of a residential house. A letter of objection from neighbor, John Taylor, was read by Shaffran and added to the file. Present to represent Taylor, were, John Davis of Aspen Custom Builders, and architecht, Jim Terry of Ocean Architects. No other neighbors were present to comment. According to Davis and Ross, Taylor's concern is that the Popp house will be too high and within his view plane. Previously, the Board had requested Popp post stakes depicting the height of the house so Taylor's representatives may better gauge the impact the proposed house will have on Taylor's house. These stakes have been posted. Popp presented slides of his property to the Board. Shaffran pointed out that a variance isn't necessary since other locations on the property exist where building without encroaching into the required setbacks is possible. Gull, Mathis and Neiley all agreed that a setback variance was difficult to support since there was no real hardship and an adjacent neighbor held strong objections. Gull made a motion to deny the variance request due to lack of demonstrated hardship. Shaffran seconded the motion and it was passed with a 4-0 vote. 000026 r ~ x ~,--9-~ . PLANNING OFFIC PENIPITKIN 130 South Galena S1ree1 Aspen, Colorado 616tt (303) 920-5090 ~~ USE ~~~p,TION FEES GHY X250.134 00113 X70-136 -137 ~Op-139 -ss31o-140 .63920>141 00185 p0123 00115 REFERRAL FEES: -63940-2 .c,3s4o-Igo ,~yy0-163 ~ounU/ Op~13 005 Op123 00113 b3160-126 .63170-127 ,63130-128 -6g1g0-129 -63200-130 X9210-131 ,83220-132 -gy290-133 GMP/CONCEPTUAL GMP/FINAL SUBICONCEPTUAL SUB/FINAL ALL 2-STEP APPLICATIONS CONSENT AGENDAATEI'4NS I ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL ,83450-146. REFERRAL FEES: -69340-205 63340-190 -63360-143 P1.1 CIF~E SALES _63060-12z 00113 ,~pgp_123 -63140-124 ~-69000-145 GMP/GENERAL GMP/DETAILED GMP/FINAL SUBIGENERAL SUBIDETAILED SUB/FINAL ALL 2-STEP APPLICATIONS CONSENT AGENDAA71~ / BOARD OF ADJUSTMENT ~ ENVIRONMENTAL HEALTH HOUSING ENGINEERING ~/~ CITYICOUNTY CODE COMP. PLAN COPY FEES OTHER SUBTOTAL TOTAL \ X ~~ ~ Nema= .~ Address: Check # ~ 7 ~ Adtlltionai billing: Phone: ,~~~ ,~ Date: Scanned 11/14/07 File Finders Box #15