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Home My WebLink Aboutpitkin.boa.90.24.. ,. PITKIN COUNTY BOARD OF ADJUSTMENT DATE r1'1 /~ ~ / 19~ CASE $ ~~/ APPLICANT/~A YN~ --y . SHEFF/E~ PHONE 7/3 ~5~~f S~ -/G 7~ ToMLi ff LL MAILING ADDRESS /b/3S L:GITf/~/~% /{~ SCFi®OG .gip Ttx 77375 OWNER .Sf/!yl ~ PHONE SJ~{!'l'IE MAILING ADDRESS $~/y!E LOCATION OF PROPERTY L U T ~ ~ C.~yS Ti'~t- /P/YE/1 /~ff/lK SUB,pid 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 question. Applicant Signature~~atjycr?~~. -~ ~, , (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: t ! , ;. Zone District Requesting: ,3 3 ac.LOt Size ' 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. other: Hardship Zoning Offic Application filed 5--/!~-~C~ Date ~ '- y ~~ Notices mailed '~ 3-YU 77 ~ . ~- Parcel ID #~~ - ,2- 0l'' 03 ~ Secretary ~i ,r1 l.~cc~lJa _ 000001 6-~ Z~ ' Height Variance, where is required. Square Feet where a maximum of sq.ft. is allowed. 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: June 5, 1990, at 5:15 p.m. Name and Address of Applicant: Hayne J. Sheffield 16135 Lutheran School Road Tomball, TX 77375 Property Location or Description: Lot 5, Crystal River Park Subdivision, Pitkin County, Colorado Requesting approval for a 39 foot rear yard setback variance and a 38 foot northeast side yard setback variance, where 50 feet (on rear and side yard) is required in the RS-30 PUD zone district, for the replacement of an existing deck and an addition of a proposed shed. These variances, if granted, would allow the deck to be 11 f et from the Sheffield rear yard property line and the shed to be~~feet from the northeast side yard property line. ~-,~ ~~ Duration of Variance: Temporary Permanent: X THE PITKIN~~COUNTY BO/ARD OF~ADJUSTMENT L C-c~ 1 ( Zc o (tic-QQ Cindy Itir Christensen, Secretary 00000? SHEFFIELD EYE CLINIC, P.A. • HAYNE J. SHEFFIELD, M. D. 13414 STALLONES OR., SUITE 4 800 PEAK W000 x2G TOMBALL, TEXAS 77375 HOUSTON, TEXAS 77090 TELEPHONE 351-5488 May 1, 1990 TELEPHONE 444.1fi77 Aspen/Pitken Planning Office 130 South Galena Street Aspen, Colorado 81611 Attention: Joanna Schaffner Dear Ms. Schaffner: Please accept this as my letter of hardship. The existing deck at my summer have (lot 5, Crystal River Park Subdivision) is aged and deteriorated beyond repair. I must remove the old deck and rebuild it with new material. I also have a problem with leftover firewood deteriorating fran outdoor exposure, and for this I plan to build a small storage shed attached to the north side of the house. It will be made of the same siding and roofing material as the house. I thank you for your consideration in this matter. Sincerely, ~s~~-.~~t%A; Hayne J. Sheffield, M.D. HJS:jwk 000003 •HEFFIELD EYE CLINIC, P.A. • HAYNE J. SHEFFIELD, M.D. 13414 STALLONES DR., SUITE 4 S00 PEAKW000 #2G TOMRALL, TEXAS 7]3]5 HOUSTON, TEXAS ]]090 TELEPHONE 351-5488 TELEPHONE 444-I6]] Adjacent Property Owners NORTH Harry A. and Christeen A. Bostron Box 1945 Sterling, CO 80751 SOUTH Raymoixl and Marie Willey 0084 Chair Mountain Drive Redstone, CO 81623 EAST Crystal Park Crystal River Park Subdiv. Homeamers Assoc., Inc. 0360 Crystal Park Drive Redstone, CO 81623 WEST Chair Mountain Drive Crystal River Park Subdiv. Haneowners Assoc., Inc. 0360 Crystal Park Drive Redstone, CO 81623 OOOU04 WARRANT Y D E E D ~-- THIS DEED, made this 05 day of~LY 1989, between RICHARD D. KELLEY, ANNE K. KELLEY ~, ; r. 'i ~ OF THE COUNTY OF I.~'" STATE OF C_(; /C7 ~~ ~ ~o GRA'~TOR, AND HAYtiF. ?. SHEFFIELD, JR„ PATRIGIA L~ r ~} HUJ}S c7~ ,, ~,G~J~~Z SHFFFIFL:D, , /~~ - -= w}wse legal address is 16135 LUTHERAN SCHOOL, TOMBALL, TX, 77375 CITY OF TOMBALL, COL~QTY OF STATE OF TX WITNESSETH, That for and in consideration of the sum of Ten dollars and other good and valuable considerations, L-he receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the city of REDSTONE, County of PITKIN and State of COLORADO described as follows: ~ c ~ r y _~ [.T N C> T- T_ < ' -1 ~ 1 ~ ` ~-' 5 ~98~ JUL ^ I'1V m ~ m ~ . . O , ~ j , . . ~) ~ 7~' ~ n . ~N u; ~- . -- -- o _. _--~.w _ ~, TOGETHER with all and singular the hereditaments and appur tenances th ereto belon ging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all t}ie estate, right, title, interest, c laim and demand whatsoever of the grantor, either in Law or equity, of, in and to the above bargai ned premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing delivery of the presents, Yee is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in l.aw, in fee simple, and has good rig}~t, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit ~~A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. ~5\~ i RI HARD D. KELLEY ANNE K. KELLEY A STATE OF l_C~,~GI aG~(J ~ n SS OF OODUQ5 .~,. ,,,. .~ w ~~~ , • i n. ,~`~ ~ /~ ~s' ~~ \~ ~o~ S ~ ~~ J~ ` I ~/ {~=2C7~~, ~ l~, F' ~ ,~-~ \.. ~re.~o~r F C~~ y ~ o ~l; a.;. ,: ... ~ 'L~ ;: Li'r: _.. r..~:: ' L '' C G ~ _ ;1 GCj~ ~ \ / T ~`j,, ~ ` l :J _; ( ~!>-~ n Le9a1 Description: Lot 5, S~ Crystal River Park Subdivision, Pitkin County, Colorado. %~ ~~ ~L~ S ~~~~ ~ ,~~ ~g\ Q ah~0 ~8 ~rQ .~ /rCN ~d ~~ .IMPROVEMENT LOC/1Ti0N CERT1fiCl1TE ,, ,_~,-~ .~ Y~~ /^ o~~ ~~• ifGL~'^ ~1~ I hereby certify that this Improvement Location Certificate ~+~s prepared for Dr. Hayne Sheffield ,that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the establishment of fence, build- ing, or otlicr future improvement lines. 1 further certify that the improvements on the above described parcel on this date, 23 June 1949 ,except utility connections, are entirely within the boundaries of the parcel, excepC as shown, that there are no encroachments upon the described vba v~ , DOO~nC h l0 Q] ^ a ' ; •~~ ~ ~ 5 3niaa ~ m i 1~-IN O _ ~. O O m 0 ~ ~ ; ~. ° uz m 0 0. ~ ~Wm rya ~ yrr~=N O ~rC` I Z~U ' U O N ~~ ~~. o ~ a ~ b ba. I ~y _r . ~ N_ ° } a' °~p mod- ~ '~ i s v ~ ~d .~ e. ~ ~ 3~ ° o M T °o . 3 m _ a ~j t~ ~ ~ ~ d '. m o' e O T vt ?'a ro4 ., ~'~ O L 00 ~ PEA O J\J ~'p ~~ ~ / ~JQ~od,K P ~Qi °. ° h ~~' m . r. ~ P E ~ ~ 0 ~ M dsy g , ~'4 `~,~ ~ v J ~ d~, 0 U~ ,~~ 8 8 ~ , 8 y~ ~; ~ so m n d, ~ vas r . ,n O h O m ye ~~ ,~, p~? N y \~ .O `ate gad •f O p~•~ 70 b~ • Sam/ h O Np~ \ g ~ /. O N lV `. ` N O~ OVA H V O O ° ° '. I: O 8 8 v N O ~ o O • ~ N O 1 pOL~V~I%~ O°• ._ ~ ~~ .~ 1 ~ ~ Box 1945 STERLING, COLORADO 80751 P~1AY 29, 1990 ASPEN~PITKIN PLANNING OFFICE 130 SOUTH GALENA STREET ASPEN, COLORADO 81611 ATTENTION: Pitkin County Board of Adjustment Cindy Christensen, Secretary CONCERNING: Hearing and of Requested Variance on June 5, 1990 at 5:15 P, M, for Hayne J, Sheffield 16135 Lutheran School Road Tomball, TX 77375 Property Location or Description: Lot 5, Crystal River Park Subdivision Pitkin County, Colorado Requesting approval for a 39 foot rear yard setback variance and a 38 foot northeast side yard setback variance, where 50 feet (on rear and side yard) is required in the RS-30 PUD zone district, for the replacement of an existing deck and an addition of a proposed shed. These variances, if granted, would allow the deck to be 11 feet from the Sheffield rear yard property line and the shed to be 12 £eet from the northeast side yard property line, Duration of Variance: Permanent We have lot No, 6--northeast side of lot 5, Our views or opinions: 1) Last paragraph, last half of the last sentence: "and the shed to be 12 feet from the northeast side yard property", 2) We have not seen a survey plat showing the location of the Sheffield house in relation to the property line, consequently we cannot visualize where the shed will be in relation to the property line, Therefore: 1) We do not object to variance for replacement of deck, 2) We do object to the variance to "the shed to be 12 £eet from the northeast side yard property line," as stated in the variance request. ~ ~~~' ~~ -,-mac ~~-~- ~-~~, ~~.~,~.~-~ ' HARRY A. and CHRISTEENE A. BOSTRON Copies to: Bob Davis (chairman of Crystal River Park Subdivision) Judy Schmidt (secretary of Crystal River Park Subdivision) Hayne Sheffield (owner of lot 5 in Crystal River Park Subdivision) 00000 _~~~_a » , ,~, ~~,:,. ,:~ l~J ,~ f~ /J ~ ,~ ~~/\~J l4'~ \j"U.'.;~ fl~"t~nR ~L<11tQ.t~ i I ~`-~.'~ `~ ~.~ ~~ e~L~tit.o~ . ooouoo 0 O s N ~ ~ ~~ - 'a~ o o ~ ~ ~ ~ ~ ~ M1 O ~ ri \ ~ ~~ ,.~~~ 0 0 U fA O u'~ 4 Ch ~ ~ H Y ~ ! ~ . a ( ~ ~ G FA , Q W ~ 7 ;~L ~ / ~ ' ~yx;3 ~. J SI.. HY ~ \ .n c W U o d b >~ W N -F' +~ O U i7 U ri .'~ t14~ U z O H H 6 ~L a as c~ c~.. ~ GL:d ~w ~`~ F' Aspen/Pi ing Office 130 asps April 23, 1990 Dr. Sheffield 0100 Chair Mountain Drive Redstone, CO 81623 treet 61611 RE: Lot 5, Crystal River Park Subdivision Dear Dr. Sheffield: As per my conversation with Bob Davis today, the Crystal River Park Subdivision Homeowners Architectural Committee will review your plans for a shed and replacement deck on the east side of your home. Because of the removal of the original deck, the original variance has been voided, and a new variance from the County Board of Adjustment has to be obtained for the deck and the shed before a building permit may be issued. If you have any questions, please do not hesitate to contact me at 920-5090. Sincerely, Joanna Schaffner Pitkin County Zoning JS/clc Q~UU1~ 1 "SPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303)920.5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SU B/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63760-126 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/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 X3080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL ~ J C `_ s- Name:~Jt' 1' ~ 1 C f~ Y~~_._ Phone: ~i ,-- ~-`i `~ r/ - ' i / i~ Address: ~ '~ /~ ~ ~ /~ ~ project: 4 "~ ~Q ~'~ N~ ~ i / 7 P ~ I / ~ ~1 ~- Check # Additional billing: Date: 000011 s • 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: 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 the said sign was posted and visible continuously from the day of ~ ~ 19~, to the ~~ ~ day of L~ ~l ~~ 19~ (Must be posted for at least (09) full days before th hearin te). Applicant's Signatu e '~°''"'~'~ Subscribe} and sworn to before me a~ ~~~~'~ this ~~ day' o~f,~ 19.x, by ~~~~~/ AG..I,~fi , EMT WITNESS MY HAND AND OFFICIAL SEAL. My Commi,,5sion e ~ I 25~ 1$S1 BE NELD AT THE WTKIN /,/ / ~t',~~ ~I.NVTV COU~tTHOUSE AT ~ Gt/ `~ ~ TNe n~srwcT ;~ No ry Public's Signature Dl/iTRpOM oM.___ ~_ _ ~ -___TO coNSio~ ~c~ L'.~ ~/lo ~ .3 wuaAN~ FoA _. Address ~ . FORA oooui2 .~ ~ w" ~ to- of t~. 1"J 6.i~~.~ ~, m'] rnW Er v _ `c W ` `, k m ~ ~ q4 Q~ m^ ~ ~ ~11\ J ~ ~, .~"gaS~Yi~81,~J?~8.,~e°y6~§ ~~¢1~~J \ Q tmx_~ 1.'l; 1. ~~ J ~ m 0- Z ~ ~ ~,, 1 ig 2 ~' IYll ~.'_, ~+2".1t'•r~~ ~ /d` :S-.p Q \\ S o y moo ~ ..: n ,~ ~na, ~.v ."~ :, l.,9i _. ~ 5 m ~~~ 1- F 1 ;~ 1 ~.. 3 \ e 1 3 , ` r"--+~ `+ x ~ O ,~ I ~ \` J` \ sror^^eu Creek q ~ ~ W o C ~ 2. \ r~ ~•1 ; ~... p \ 1 ,/yam % 1~{J{~y~{ .1..! ~~yq ! f. ,.y~ ~,.,i Y.i S y/A ~ 1 ~\\\ ~ p~ mE•`' ~N33N~ Ollyy ~ ~ b1~..Ni ~~~ y^, W . 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'i.- ~-- ------------~ m Qb°u ~ ~ ~ V ` ~ ~ QC a a,I ~ ee ,~ \\ ,., % I O m a ~ 1 ~ 'I~ O Q ~r c Q 3 N 3 s 117 ~4", ` I me" . ~ ~' 1 ` W ~ m m m ~ o~f'~ ~~ o ¢ .~ v 0 Poy r'n F°J~ ~PF o~/+ 11 ' ~ _. - ~ ~ , ~;yt -~ cm ¢ ] !n ," Z ~ ..~ ~ t` ~ ~e \\ 11 ~', o '. ~~ it ¢~~,:" ~ O u 6 ~~r^ m. aw 1 't a' O J ~\• 11 Im. ~+~ U~ ~, two `:~ _ 1 ~/W ~ ~:: /2 .d c Z m N ' ~~~ O ~ [ .- .~i` . rr u. ~ '1. ~.~~~c ~.~ ~ ~~~` ~~ ~ ~ ~~ ~ ~ `~'~ ~~ oooo~i ~,! ~~ ~... rr ¢ k ~f ~ ~rt_ BOX 1945 STERLING, COLORADO 80751 MAY 29, 1990 ASPEN~PITKIN PLANNING OFFICE 130 SOUTH GALENA STREET ASPEN, COLORADO 81611 ATTENTION: Pitkin County Board of Adjustment Cindy Christensen, Secretary CONCERNING: Hearing and of Requested Variance on June 5, 1990 at 5:15 P,M, for Hayne J, Sheffield 16135 Lutheran School Road Tomball, TX 77375 Property Location or Description: Lot 5, Crystal River Park Subdivision Pitkin County, Colorado Requesting approval for a 39 foot rear yard setback variance and a 38 foot northeast side yard setback variance, where 50 feet (on rear and side yard) is required in the RS-30 PUD zone diatrict, for the replacement of an existing deck and an addition of a proposed shed. These variances, if granted, would allow the deck to be 11 feet from the Sheffield rear yard property line and the shed to be 1.2 feet from the northeast side yard property line, Duration of Variance: Permanent We have lot No, 6--northeast side of lot 5. Our views or opinions: 1) Last paragraph, last half of the last sentence: "and the shed to be 12 feet from the northeast side yard property". 2) We have not seen a survey plat showing the location of the Sheffield house in relation to the property line, consequently we cannot visualize where the shed will be in relation to the property line. Therefore: 1) We do not object to variance for replacement of deck. 2) We do object to the variance to "the shed to be 12 feet from the northeast side yard property line " as ~ ,1~ ys~tate~d in the voar~i~ance request. ~'~av~1Ji~'~-rte( '~`~'~'~-"_'~ ~~'".~'1~°""`~l ,,~y,^-~r°~ HARRY A. and CHRISTEENE A. BOSTRON Copies to: Bob Davis (chairman of Crystal River Park Subdivision) Judy Schmidt (secretary of Crystal River Park Subdivision) Rayne Sheffield (owner of lot 5 in Crystal River Park Subdivision) 000015 \, ~~~ ~~ ~ •n 6 w v o ~ ~: , o a~i :~ ~ ~; H ~ ~ i W O ~ ~ Fa ~ U O H ® S ri .~' b ti 6 .-i +~ q p- P~a b ~ AH U ~ ~ ~~ rl - H C7 i r_{ ~ I H ~ ~U H ~'" W ~ .Ei ~ ~ ~ CSR `la ti ~' o FcPn'~ 6 iC.-+6 ,~ 3. ss.~ =7 Vim. t,~J ~d ~'~; ` ~ ~"~7 ~... {~ G_ 3 E.:: ooouls !j','. r1#~4448 Uf/iBt90 16:1E~ Rec $.~ Bf: 625 F'G 117 Gilvia Davis, F'i.t'.-in City Cler~:., Doc ~.'~~O RESOLUTION OF THE PITKIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING SETBACK RELIEF FOR HAYNE SHEFFIELD NO. 90-24 WHEREAS, Hayne Sheffield, owner of Lot 5, Crystal River Park Subdivision, requests 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 remodeling and addition to an existing deck and an addition of a proposed shed, respectively; 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 IZ, 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 39 foot rear yard setback variance and a 28 foot northeast side yard setback variance be granted to allow for the remodeling and addition to an existing deck and an addition to a proposed shed, respectively, as shown on the plans submitted (Exhibit "B"), due to downzoning. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. ~~QU17 z<44~8 07/18/9ii 16:18 Rec $.C~u 6k: 625 F'G + --~lvia Davis ,.i.t::in Cnty Merl. 118 ~ DoC ~. c,ii} 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 ooouia I ecretary ~ Kanda Shaffran, Chairman ATTEST: 1 ~ WAR~NTY DI;I;D ~ ,,r1Z TIIL'> DEED, made this OS day of JULY ~~~'J` ~' ~) '~~~[JU' 1989, between RICHARD D. KELLEY, ANNE K. KELLEY ~,i~.. ) OP THL' COUNTY OP l; ° STATE OP ~ ~ ~r~,. ~-~ G{L15'I'OR, A'~P. HAYS[{ J . SVIGPFiPLD, Jli: , P:\TR!CIA L, :a[EPFT~.[ ~; r whose legal address is 16135 LLTHERAN SCHOOL, TOMBALL, TX, 77375 CITY OF TOMBALL, COUNTY OF STATE OF T\ WITNESSP.TH, That for and in consideration of the sum of Ten dollars and other good and valuable consi~erations, the receipt and' sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and r confirm unto the grantee, his heirs and assigns forever, all the real property}t A together with improvements, if any, situate and lying and being in the ~ /l~f city of REDSTONE, County of PITKIN and State of COLORADO described ~ as follows: /~~'~•~ LOT 5, CRYSTAL RIVER PARK SUBDIVISION, ~~j/ COUNTY OP PITKIN, STATE OF COLORADO. /~ - - L c r y _x ~'~ (Jr T_ N n r ~~ ." T ~ .~ ~1 _ n ~ ~n ~(~~~ ( ~ ~:1()7 ~ w O c(1 VL ~ ~ C ~ n. o 1 1 ~ _._.-~ ~..:..-.:-.:. :.---.- ¢s to r^ ~ Cf_ TOGETHER with all and singular the hereditaments ahd appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the heredi[aoients and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his kreirs and assigns, that at the time of the ensealing delivery of the presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good rig}rt, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former arrd other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit ":1'~ attached hereto and incorporated herein by reference. The grantor shall and will WARRANT' AND FOREVER DEF&1TD the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and eJery person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. ~~ //9 RI HARD D. KELLEY ' ~ ANNE K. KELLEY S -1 ;~ _:. ~a }.~ < ~ ~. ~ m y =' < -~ ,.. ~ • ~ ;. ~. ~ rr C i 7 ~7 n .D 's ,-. Q j e ~ N CA I'~ G7 r ~0 STATE OF ~~-, ~G.f~~~j-;) 0~l101(} n 55 lJ 1 J ~~ ti~ w /~~ V ~/ ( (( (ff ScQ~ e ~ J ( Arai Y.L~n G~ Q'YG0.~ 1 ~°- ~ J~~ ~ ~ ~ / i i e~ m~ ~xNi~~T -~~ ~- \~• ~V\ ~ \ V ~'~ ,\ ~ ~ ~ , _~ ~-~ ~o~ s \ l~ // \ t h•.o / u ~ /V\ • _~ ~r¢~octr E ca~ ,Y ~. ~ ,a~, 1i ~' -C.''' / /' o ' !_'_ 7 3, ~ ~~Q ti . ~ `'` `' .c-_., rat'.\.C~C:' ~ ~ C ,S. ~ ~1 l C:=~J:.71 ~% ~ ~ / i~CLf l L \ `~l ' ~~ a 1 ~ ,,s a' Le9a1 Description: Lot 5, S' ~'~ y y ~ <~ Crystal River Park Subdivision, Pitkin County, Colorado. IMPROVEMENT LOCATION CERTTfICATE I hereby certify that this improvement Location Certificate Baas prepared for Dr. Bayne Sheffield ,that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the establishment of fence, build- ing, or otl~cr future improvement lines. I further certify that the improvements on the above described parcel an this date, ~Z ,~~,,,,~ In.gn ,except utility connections, are e^'irely '.~i±~in the boundaries of the parcel, excepC ~s sho~:m, that there are nn encr~"~chrr.ents o~on the described QOQUs~.~ ~~ ~a F,~ ~. v "~ ril ''+ ~v ~~ r, m J 't 1 n T ~ G -' O P +P N v N O 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 l0 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, Renneth: 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. ~U~~~1 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 00002? Minutes L Pitkin County Board of Adjustment June 05, 1990 Members Present: Kandi Shaffran, Chairman Rick Neiley Ted Guy Evan Gull John Ostwald Stan Mathis Member Absent: None 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. 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. 00003 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 Way 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 tYiat 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. OOOQ?~ Before the next case, Ted Guy left. Case #90-28, Knezevich. Rick, L13, B2, F2, Little Elk Creek S/D 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. I~f 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 PZTD 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 ],etter from Stranahan was submitted approving Yerkovich's request. Stranahan owns all of the property which borders the area of the variance. 3 00002 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, Dictenberg. 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. 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 ~o~V~U 4 PEN/PITKIN PLANNING OFFICF~ 130 South Galena Street Aspen, Colorado 61611 (303) 920-5090 LAND USE APPLICATION FEES city 00113 -63250-134 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 REFERRAL FEES: 00125 -63340-205 00123 -63340-190 00115 -63340-163 County 00113 -63160-126 -63170-127 -63160-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63450-146 REFERRAL FEES: 00125 -63340-205 00123 -63340-190 00113 -63360-143 GMP/CONCEPTUAL GMP/FINAL SUB/CONCEPTUAL SU BIFINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONSI CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL GMP/GENERAL GMP/DETAILED GMP/FINAL SU B/GENERAL SUBIDETAILED SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONSI CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT ENVIRONMENTAL HEALTH HOUSING ENGINEERING J '-' ~- PLANNING OFFICE SALES CITY/COUNTY CODE -- 00113 -63080-122 __ -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL - - t _[1_( ~11 ~ TOTAL ~_ SVIf~ y 1 l L_-- Phone: - Name~ _. 90 ~!~ ' ~ ~~ Project: Address: ~ ? Y ~ - T Date: Check# nnnn?7 #ofH Additional billing: Scanned 11/14/07 File Finders Box #15