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Home My WebLink Aboutpitkin.boa.90.21 PITKIN COUNTY BOARD OF ADJUSTMENT DATE APRIL 9 19 90 CASE # / `-' ,~/ APPLICANT WYLAND KITTLE PHONE 927-3437 MAILING ADDRESS P.O. BOX A BASALT, CO 81621 OWNER SAMR PHONE SAME MAILING ADDRESS SAME LOCATION OF PROPERTY 241 ~i0 HTGH~9AY 87 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 que /tion. y~/ Applicant Signature--~~~~'~~~,p~o ~i/'~'~~"pe// ---------------------------------------------------------------- ---------------------------------------------------------------- (To be completed by the Zoning Department) Provisions of the zotling resolution requiring the Zoning Official forward this application to the Board of Adjustment, and reasons for not granting a building permit: ,f T~~'-) Zone District Requesting: J.da aC.Lot Size ' Front Yard Setback Variance, where ' is required. ' Rear Yard Setback Variance, where ' is required. ~' ~~ Side Yard Setback Variance, where 3 U 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: _,Q~~'1- /Zoning Official~~^,~ Application filed ? t' Date ~~ ' ~~~) Notices mailed Parcel ID # ~ - 7 ' LSD -00 Secretary "(EV~a4.._ 000 0 01 0-~ Z~ 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: May O1, 1990 at 5:15 PM Name and Address of Applicant: Wyland Kittle P.O. Box A Basalt, CO 81621 Property Location or Description: 24150 Highway 82 Requesting approval for a 10 foot west side yard setback variance where 30 feet is required in the AF-1 zone district for a proposed 12 foot by 24 foot addition to a house. The granting of this variance would allow the addition to be 20 feet from the Kittle west side yard property line. Duration of Variance: Temporary Permanent: X THE PITKIN COUNTY BOARD OF ADJUSTMENT J ~~~ ~J Cindy Christensen, Secretary ~~~U~ APRIL 9, 1990 PITKIN COUNTY BOARD OF ADJUSTMENT ASPEN, COLORADO TO WH01~ IT YAY CONCERN: WE WOULD LIRE A VARIANCE TO BUILD A 12 FOOT BY 24 FOOT ADDITION ON OUR EXISTING RESIDENCE OF 23 YEARS. OUR REASON IS, ITS A NON CONFORMING LOT AND NOW REQUIRES A 15 FOOT SET BACK, AND WE ONLY HAVE 10 FEET. THANK YOU SG~IN ERELY ~~~/ /~ WYLAND AN JUDITH KITTLE 000003 APRIL 9, 1990 PITKIN COUNTY BOARD OF ADJUSTMENTS ASPEN, COLORADO THE FOLLOWING IS A LIST AND THEIR MAILING ADDRESSES, OF ADJACENT PROPERTY OWNERS: FIERMAN AND BEULAH ARBANEY P.O. BOX 124 BASALT, COLORADO 81621 KELVIN AND LOIS ARBANEY P.O. BOX 1029 BASALT, COLORADO 81621 OOOUO~ a, I . • `,, .,,,~~, 87uiI$IT "A" ATTACHBD TO AND MADE A PART H8R80P OWNERS POLICY N0. 0 1 591260 LEGAL DESCRIPTION A parcel of land situated in Tract No. 56 of Section 17, Township 8 South., Range 86 West of the 6th P.M., lying SouthwQSterly of the southwesterly right-of-way line of State Highway No. 82 and northeasterly of the southwesterly bank of the Roaring Fork River, described as follows: BEGINNING at a point on the southwesterly right-of-way line of Highway No, 82 whence an iron post with a brass cap marked for Angle Point No. 6 of said Tract No. 56 bears North 44°30' West 300.11 feet and North 03°13' West 465.38 feet; thence South 44°30' East 128.83 feet along the southwesterly right-of-way line of said Highway; thence South 45°20' West 218.32 feet to a point on the northeasterly hank of the Roaring Fork River; thence South 63°17' East 20.00 feet along the northeasterly bank of said River; thence South 39°17' West 147.28 feet to a point on the southwesterly bank of said River; thence North 65°16' West 6.73 feet along the southwesterly bank of said River; thence North 45°00' West 44.64 feet along the southwesterly bank of said River to a point on the Westerly line of said Tract No. 56; thence North 03°13' West 188.25 feet along the Westerly line of said Tract No. 56; thence South 43°34' East 10.74 feet along the northeasterly bank of said River; thence South 63°08' East 18.97 feet along the northeasterly bank of said River; thence North 45°20' East 230.97 feet to a point on the southwesterly right of way line of said Highway, the point of beginning, containing 1,04 acres, more or less, Pitkin County, Colorado 00005 EXHIBIT "A" • BOON 562 PacE575 TO SE ATTACHED TO A QUITCLAIM DEED FROM FIERMAN ARBANEY AND BEULAH ARBANEY TO WYLAND L. KITTLE AND JUDITH A. KITTLE A parcel of land situated in Tract No. 56 of Section 17, Township 8 South, Range 66 West of the 6th P.M., lying southwesterly of the southwesterly right of way line of State Highway No. 82, described as follows: Beginning at a point on the southwesterly right of way line of said Highway whence an iron post with a braes cap marked for Angle Point No. 6 of said Tract No. 56 bears N. 44°30' W. 300.11 feet and N. 03°13' W. 465.38 feet, the True Point of Beginning; thence S. 44°30' E. along said right of way 128.83 feet; thence leaving said right of way S. 45°20' W. 218.32 feet; thence S. 63°17" E. 20.00 feet; thence S. 39°17' W. 147.28 feet; thence N. 65°16' W. 6.73 feet;. thence N. 45°00' W. 44.64 feet to a point on the westerly line of said Tract 56; thence N. 03°13' W. along said westerly line 249.98 feet; thence leaving said westerly line N. 45°20' E. 75.91 feet; thence S. 44°40' E. 75.00 feet; thence N. 45°20' E. 120.00 feet to the True Point of Beginning, said parcel containing 1.22 acres, more or less. This deed is given to correct an error in description in the boundary Line between the p[operty ownd by the First Party and the Second Party. OOODU6 W h' 1'- n ~ OOOOn? ~.9°-CS~7t? SsIN_ ,r ,~. -- F W ~ ~ ~ ~ W ~ f c _ i2R.83~ M 0 N ~~ {1 OU 0~ 0 ~ , ~~ ~ '~` w ~-• { ~?/ 4 \ ~~I ~ O ...V I ,~ , 6 `~Ee ' (/) 1 .N 1. i • ,K . _ 1 . _yLL , 1, ~ ~` ~ .. ~ - ~ ~ , i. Y i. 1fA ~ / ~. V ., a". t ~ ~ »r ~ •~ f w. ~ 1 ~ ^(r/ 1 °/ a ~ ,; 1 1Y ~ ~~ ,~ r.•Mt A ~xt++13rT ~ ~ ~~ ~Cr r CORNCR NO• i ' ' • ¢~TIIGOC'T 30 . . `~. ', 'I ~ ~'' •, ,. • ~.° TRACT 5~0 ' ~ ~ SECT/O N . % 7 /~ t' ~ ..i h MAP OF' A• TRACT • OF GANG ,. /N :. • h ~ TRACT 56, SECT/ON /7, .. Z T .8 •S.', R. 8C !iI/ ~OF' T~/E' 6TH/ P/YJ. . , I .. 3 .r' ~ V \ ,' ' ~ ~ ~ ~ ~. ~ ~ . ~~ ,. • V °• .~ Q ~ ~. ~ .p '-C . G ..~ ~ ~ ~. L. \ ~ . W '~~ o. ~ I ... L o dy .-'~ v , e f o ~~ - ./ O ,~ ~ ~v ,+~ e Yi •~ cif' .~ ''~ ~.' b /. 1 k P ~ p ~~ w°,o° / o ~`~1 O by y~Y ' 1•b / .~ • ~. b~ : /' ~ `' ~ ••~ e+ `~; ~ . r. ,~,~ ' . • . .. t, ~ ~~ 1 . `1~ ~ ''/ _ !` ~;~' , ~ ' ~ n t ~°' ONE /NCN • /00 F~~T SGARF?OW ~ N44LKE.? INC. ~!w- ~ REG/57`ERLD L9N0 SUR/6YO.R5 GLENWOOD SOR/.NG3-000OiPADO ®~Q~~ ,. . I I ~ I( d`~i ~ I I ~a ~ ~ l i I I~ ~ 11 ~~~ ~ ~ I i -~; -~; ~ E N ~ I ~ ~~ € N ~~; el ~. ~ ~~ ~ ~~ ~ ~ ~a~1 ~ i . ~~ ~ ~ a b b b~ I ~,~z ~r~~~ I ~ ~ ~ (c`~r I - - - - - - - ~ "" - - I+l= ro'rs"iM~Vt~ ~~~ ~ ~` ~~ TA ~ Y II L k ~ ~ ~, ~~~ ~ ~ A ~~ ~ ~~~~ -"~ t~ew.'~t.-~y~c,-iw6. ~r'o z .; ~Qb ..,,: 'a`. ~A,,. g..~: .; V 1 ~ -- - -. ,.r ~ S JiJ Z ~ ~ ~~~ ~o ru~oax. a7r/t. ~-re/ ~A. ~ ~ve5@Q.4oY'd9~•'?0 r(~to6 '~. WtxdC.1~1, t64b ~ 3 ._ _ ------: "~qtd _ .. _ --_ . ~ iJr14 L2 V!:?r '.1M '~T 1 ~VVV.I 4 ,: ~'' " ~ ~ r LG1'SIC-1~ I+ Yet. Y' .. ^, ASPEN/PITKIN PLANNING OFFICE 730 South Galena Street Aspen, Colorado 81617 ' (303) 9205090 LAND USE APPLICATION FEES city 00713 r I ~.. ~~ 00001'? 00125 00723 00115 County 00113 x3250-134 -63270-136 53280-137 -63300-739 53310.140 X3320-141 REFERRAL FEES -63340-205 -63340-190 -63340.163 63160-126 63170.127 -63180-128 -63190-129 '83200-130 -63210-131 63220-132 -83230-133 GMP/CONCEPTUAL GMP/FINAL SUB/CONCEPTUAL SUB/FINAL ALL 2STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL GMP/GENERAL GMP/DETAILED GMP/FINAL SUB!GENERAL SUB/DETAILED SUB/FINAL ALL 2STEP APPLICATIONS ALL iSTEP APPLICATIONS! ' -63450-146 00125 00123 00113 BOARD OF ADJUSTMENT _ ~ REFERRAL FEES: -63340-205 -63340-190 X3360-143 PLANNING OFFICE SALES 00113 X3080-122 -63090-123 -63140-124 X9000-145 ENVIRONMENTAL HEALTH HOUSING ENGINEERING CITY/COUNTY CODE COMP. PLAN COPY FEES OTHER a--_s ::, ,~ riE2 {, ,n;{II; SUBTOTAL ~--~ ,_ TOTAL Name: (/'~a. ~, ~ ~,. r/ ~~~I ~ ~~'~ _ ~~ e- J Phone: Address: n (~ -~ Check # ~ ?i~ ~.C P ~' 9(] ~• ~ .. .,,ii~. {f Date: Additional billing: #ofHours: • • • County of Pitkin } AFFIDAVIT OF NOTICE BY }ss_ POSTING OF A VARIANCE HEARING BEFORE THE PITKIN COUNTY State of Colorado } BOARD OF ADJUSTMENT The undersigned, being first duly sworn, deposes and says as follows: Subscribed and sworn to before me this 27th day of APRIL , 19 90 by WITNESS MY HAND AND OFFICIAL SEAi,. ,, i~ ~ •., My Commission expires: 12 / 8,~_t__ i // - ~- .(. -a~L~.ca ~.~'~ Ct t~ f~~.«~, t tart' Public's Signature 888 EUCLID AVE ~ CARBONDALE, C7 Q1623 Address I, WYLAND KITTLE 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 the said sign was posted and visible continuously from the 22nd day of APRIL 19 90, to the lst day of MAY 19 90 _ (Must be posted for at least (09) full day before th hearing date). ~. ,~ Applicant's Si ature ~3 ,~ r w ~3 0 0 `Za j O 0 I .a r. ' N ~~~~ ~ / i ~ ~~ i ,~ ~ ,~`'' ~ -~ V /\ ~ / ~ / ~' ~ ~` / it r W ` ~~i y ~~ ~ / ~ ~ ~ ~. ~ u ~ __ \ ~ ' A W Y ~\~ i ' J ~~ \ 1 ,_ ~'_J '- % ' ~ ~ ~. \, i Q,~ C~ \~ f/>t~a 6 ~' .a~ ~o'~''s~ ~~~~ C7 N e ~i i ~ AFB _ J9 F; FKIN r ----_- ~~ ~~ . ~j -s' ---~ 4~ b'.a-.1 G i ~ `~ ~,,. C- i ~J ;, 3 ~. ~~ ~ . f ••~ y~ ~y .. ~ ! : t 'Y . ~ , r ' ,~, s~+. . _i~': ' ' • #'.•<34'i` i+b/i_~~/90 16:OC~ R 4.i~ii ii F: 622 F'~ 594 n '1f) O C: ',, 7.v~!.-_. Davis, Pitk:;,n Cn+.. ..; :Ler~'~'•, - RESOLUTION OF THE PITKIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING SETBACK RELIEF FOR WYLAND KITTLE RESOLUTION NO. 90-21 WHEREAS, Wyland Kittle, owner of 24150 Highway 82, Pitkin County, requests a 10 foot west side yard setback variance where 30 feet is required in the AF-1 zone district, for an addition to a single-family residence; 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 estai~lished. 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 10 foot west side yard setback variance be granted to allow for an addition to a single-family residence, as shown on the plans submitted, Exhibit "B", due to nonconforming lot size. WARNING: Any violation of the terms of this resolution may result. in rehearing and possible revocation. 0O~O~,~ .. 3; .. #~343i~ <_~6/Ur/9ci 16:ci~a Fec ~~ Rf::: 622 PG 565 ., t Silvia Davis, F'iti~::i.n Cnty Cl~rrE::, Doc ~.UC: 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: May 1, 1990 ATTEST: LtuL/ ~~~~~ ?~~ Cind L. Christensen, Secretary The Board of Adjustment of Pitkin County, Colorado Kand' Shaffran,' Chairman ODUU17 . ~?~i 3vi. a- : Cap ~:e ~,~~ P.,:z•.,;.~;y F'it4iin rnty~'~Fr B)~: 622 , L)ac 4,. PB 596 ~~,0 EXHIBIT "A" TO BE ATTACHED TO A QUITCLAIM DEED FROM FIERMAN ARBANEY AND BEUGAH ARBANEY TO WYLAND L. KITTLE AND JUDITH A. KITTLE A parcel of land situated in Tract No. 56 of Section 17, Township 8 South, Range 86 West of the 6th P.M., lying southwesterly of the southwesterly right of way line of State Highway No. 82, described as follows: Beginning at a point on the southwesterly [fight of way line of said Highway whence an iron post with a brass cap marked fo[ Angle Point No. 6 of said Tract No. 56 bears N. 44°30' W. 300.11 feet and N. 03°13' W. 465.38 feet, the True Point of Beginning: thence S. 44°30' E. along said right of way 128.83 feet; thence leaving said right of way S. 45°20' W. 218.32 feet; thence S. 63°17" E. 20.00 feet; thence S. 39°17' W. 147.28 feet; thence N. 65°16' W. 6.73 feet; thence N. 45°00' W. 44.64 feet to a point on the westerly line of said Tract 56; thence N. 03°13' W. along said westerly line 249.98 feet; thence leaving said westerly line N. 45°20' E. 75.91 feet; thence S. 44°40' E. 75.00 feet; thence N. 45°20' E. 120.00 feet to the True Point of Beginning, said parcel containing 1.22 acres, mole o[ less. This deed is given to correct an ecror in description in ' the bounda[y line between the property ownd by the First Party and the Second Party. - -- ooooi~ ~T 11 1(~ i 1` _ ~i ., .~~~ fr, ~. ~' • 'yTRACT 60 ~ . •I ~ TRACT 5l0 v~j 'SEGT/ON ./7 ' /, h 4 -._._y _ .. _ ' .. MAP OF A' TRACT'• OF l,4N0 h ~ • o ~ TRAGT 56, SECT/ON /7, .. I 7.-6 'S., R. 86lN. 'Of Tf'/E• 6Ti~1P~YI. . `J ~ • ~ ~ ~ • -- - -. -z _ _.. , . -- -- --- ..e .: ~ -- ll~- T---~ .. I ~ ~• \~ •. e -~ •~ `, .;. t J•' e • *Q ~ f 0 21i tr / ~ ~ ~ ~ ' `~; /t e K v qf' ~ ` .. .. i I .. . CORNGR N0. i C}" '!~4f~ ii pp O~O ~l' J h m N u ~`~ lL N ik ~ U G ~:: ~= _, c; i1 ;. ~~ ,^ W ~ ~~ ~: e w '' i-1 ~: ~ i r ~ ti y ONE /NCH • /00 FC£T ` SG,gRROW c NS4LKE.? SNC. ~ REG/3TERL0 LANG 5Ul7VLYORS ' GL6NW00O SPR/NGSt COLORADO '~" _ r~n/•~.$/~ ^-^ V V ~1 ~®i ^ i "`;" m f9 ~~ N i++ ~ ~ ~: A 4L ~ ~ ~ U pUj T ~J U ..1 +~ ~~ .N P ii f- Ut ~ .~ ~ ~ a P'y N ~ .~ hi > Pl .-~ M~ '~ ~ ~ ., ~: O o O ~ ~ U ,. ~ ~ s~ f. 4 r '~} ,. a~)6 ,, t ~ '~ 4; .. ~ ~ ~ ,, yr .,/ _ . ~ .. , is . ~~ '~+~ ~. •. . _~_- l.. . _V y - ~ ~ ~ _. .. N Q h ~!~ (7 ~1,~141 X _~ L~ Il ."~ X69' 71 1: 4 >•1. ,Q ~' A u r (~ 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: May 01, 1990 at 5:15 PM. Wiley, James and Kathy: requesting a 59 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 #33, Holland Hills, Pitkin County. Van Domelen, Peter: requesting a 30 foot south side yard setback variance, where 50 feet is required in the RS-30 zone district, for the construction of a single-family residence. Property Location: Lot 4, Block 1, Third Filing, Gateway of Snowmass Mesa Subdivision, Pitkin County. Kittle, Wyland: requesting a 10 foot west side yard setback variance, where 30 feet is required in the AF-1 zone district, for an addition to a single-family residence. Property Location: 24150 Highway 82, Pitkin County. Summer, Christopher: requesting a 20 foot and 10 foot front yard setback variance, where 30 feet is required in the AF-1 zone district, for the construction of a proposed entry and proposed addition, respectively, to a single family residence. Property Location: Lot 7, Ardmore Subdivision (138 Ardmore Drive), Pitkin County. Submitted to the Aspen Times on April 17, 1990 To Be Published in the Aspen Times on April 19, 1990. County PO # 46817 0000.21 ~. Minutes Pitkin County Board of Adjustment May 01, 1990 Members Present: Kandi Shaffran, Chairman Rick Neiley Ted Guy Evan Gull John Ostwald Member Absent: Stan Mathis Buddy Lucero, Acting Pitkin County Zoning Administrator, and Joanna Schaffner, Zoning Technician, were present with staff recommendations and comments. Shaffran opene3 the meeting at 5:22 p.m. and introduced the Board to those present. Tom Smith, County Attorney, addressed the Board regarding Case #90-16, Hillary Ossario. Smith reiterated that the Stouffer's, through Nick McGrath, their attorney, are requesting a rehearing regarding the variance. Smith recommended that the Board deny the request for rehearing, but may reconsider the issue after the Pitkin County Planning & Zoning Commission (P&Z) and the Board of County Commissioners (BOCC) have reheard the 1041 review. McGrath stated that the main issue is the relationship of the BOCC's determination of the 1041 envelope and the Board of Adjustment's (BOAj duties in granting a variance consistent with the envelope. Gull stated that there were no grounds upon which to treat a variance which has been approved by the Board to retract it temporarily via tabling. There were no irregularities in the BOA's approval process, but apparently irregularities preceding this process. What McGrath is requesting is that the rehearing be granted subject to what the BOCC and the P&Z decides regarding the 1041 envelope. Smith suggested that the Board draft the resolution granting the 80 foot front yard setback variance on Case #90-16, but table approval of the document until after the 1041 review has been reviewed before the P&Z and the BOCC in July. Shaffran moved that the Board table approval of the resolution until such time that a decision is rendered from the rehearing by the BOCC and P&Z later this summer. Guy seconded the motion and it was passed 5-0. Case #90-19. Wiley. James & Kathy Lot 33 Holland Hills James and Kathy Wiley were present to request a 59 foot front yard setback variance where 100 feet is required in the AF-1 zone district, for the construction of a single-family residence. 00002? ~,,. Shaffran commented that the house is as centrally located on the lot as possible. Guy stated that the size of the lot relates to R-30 zoning. Shaffran asked if there were any members of the public to respond to this case. Neighbor Jeannie Wilder, owner of Lot 33, stated that she will be building a two-story dwelling across the street from the Wileys. The Wileys stated that this was not a problem with the location of their house as sited on the plans. Guy made a motion to grant the requested 58.5 foot front yard setback variance as reflected on the plans submitted, due to downzoning. Gull seconded the motion and it passed 5-0. Case #90-20, Van Domelen, Peter, Lot 4, Block 1, Filing 3, Gateway of Snowmass Peter Van Domelen was present to request a 30 foot south yard setback variance where 50 feet is required in the RS-30 zone district, for the construction of a single-family residence, because of topographic hardships. Van Domelen mentioned that this lot has gone before the Board of Adjustment previously, Case #89-32, and a variance was granted. Once Van Domelen started to excavate, he found that the hillside would be greatly scarred and alot of fill would have to be brought in for the house. By changing the angle of the house, there is less disturbance of the hillside and less of a road cut. There was no one from the public present to comment on this case. Guy stated that this is a 1 acre lot, comparable to AF-3 zoning where setbacks are 50/20/20. Schaffner requested that any approval be based on the condition that the height not exceed the maximum height limit. Discussion ensued if the Board should be considering the height of the house. Lucero commented that if the height is to remain the same as when the case was first heard (Case #89-32), there is no need to renotify. If the height does change, then the public has to be renotified since height was a major concern in Case #89-32. Denis Cyrus, architect for Peter Van Domelen, reiterated that the height of the house would not change. Ostwald made a motion to grant a 30 foot south side yard setback variance, with the condition that there is no other change to the original submission, due to topographical hardships. Gull seconded the motion. The vote was approved 5-0. Case #90-21, Kittle, Wvland, 24150 Hiohwav 82, Basalt Wyland Kittle was present to request a 10 foot west side yard setback variance, where 30 feet is required in the AF-1 zone district, for an addition to a single-family residence, because of a non-conforming lot size. Q~~~L3 2 __ Shaffran asked if anyone from the public was present to comment. There was no one present. After a brief discussion, Guy moved to grant a l0 foot west side yard setback variance due to downzoning. Shaffran seconded the motion and it was passed 5-0. ostwald added than any overburden from the excavation cannot be dumped into the river without approval from the U.S. Army Corps of Engineers. Case #90-23. Sommer Christopher Lot 7 Ardmore Subdivision Christopher Sommer, and architect Al Byer, were present to request a 20 foot front yard setback variance and a l0 foot front yard setback variance where 30 feet is required in the R-15 zone district, for the construction of a proposed addition and a proposed entry way, respectively, for a single-family residence. Sommer was also requesting increasing the FAR, but through extensive discussion it was found that there was not going to be an increase in the FAR with the proposed changes. Lucero and Schaffner both agreed. Sommer submitted photographs of the house and the area. Byer explained how the outlay of the subdivision and how entry is obtained to Sommer's house. The Board asked Lucero whether this area was going to be annexed into the City. Gull, who lives in the Ardmore Subdivision, stated that there was an attempt to annex this subdivision some time ago, but there was some opposition so it was dropped from consideration. Shaffran read a note from Mrs. Blade, a neighbor, who called and stated the Blade family has no objections and, in fact, favor the Sommer's proposed plans. A model of the house as it would appear after the remodeling was presented to the Board for further clarification of the changes as explained by Byer. Neiley stated that the Pitkin County Land Use Code makes reference to all sorts of exceptional hardships not caused by the applicant. Neiley continued that a house built in the 1960's, was not designed to meet current code standards, is inefficient with respect to energy, and may be considered a hardship to allow modest increases in FAR to rectify those conditions. Guy made a motion to grant a 10 foot front yard setback variance for an entry and a 20 foot front yard setback variance for a proposed addition to a single-family residence, as shown on the plans submitted, due to downzoning. Shaffran seconded the motion and it was passed 4-1 with Ostwald abstaining because of the prior discussion regarding FAR. Neiley made a motion to approve the minutes of the April 3, 1990, meeting as amended. All were in favor. 3 Lucero advised the Board of an Association of Code Enforcement Officials (ACED) workshop to be held in Vail on June 22. A major issue that will be discussed at this workshop is the land trade issue presently occurring in Vail. Also to be presented will be zoning and land use problems in mountain resorts. Lucero will make arrangements if any Board members want to attend, the County may pick up the cost. Ostwald expressed an interest in attending the workshop. Neiley moved to adjourn the meeting; Guy seconded the motion and the meeting was adjourned at 6:45 p.m. Respectfully Submitted, :J Cind L. Christensen, ecretary ~~~~ Kan Shaff n~- Chairman 000025 4 Scanned 11/14/07 File Finders Box #15