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PITKIN COUNTY
BOARD OF ADNS7'MENT
DATE 14 May 19 90 CASE # ~v
Joseph [:ells 925-80 0
CO-APPLICANTS Arthur Daily PHONE 925-3476
130 Midland Park Flace, F.spen, Colorado 81611
MAILING ADDRESS Hnllanr7 ~ Yart; F,(lf1 Feet T^Zi~1 Street, As~'en, ~6~16~~3rdr~ fl~611
OWNER Anthony Yerkovich PHONE (213) 450-9340
MAILING ADDRESS 1802 Ashland F.venue, Santa N'onica C.F. 904
LOCATION OF PROPERTY Parcel 1, Stranahan-4~ells Subdivision Exenq~tion
situated in Lots 1, .'_ and 5, Section 15, "oconship 9 South P.ange 85 West 6th P"q
(1.3 miles east of Upper River Road 17 on 'r7oodv Creek Road 18).
Any pertinent data must accompany this applica 'on, and will be
made part of this Case. The Board may return h' apps', 1f
it does not contain all the facts in question/ ~ij _
Applicant Signature ~~
-----------------------------------
------ ----------------------------===L=====___-
(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: S>w~>
Zone District
Requesting: Lot Size
~~' Front Yard Setback Variance, where o ?' is required.
' Rear Yard Setback Variance, where is required.
~,~' ~ Side Yard Setback Variance, where ~ O ' 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:
Zoning Official d ~r
` cc /~ `''
11 // ~] /
Application filed .S'~~f- /0 Date s ~~~~
Notices mailed 5 r.~3- y.
Parcel ID #~(r'~_3 - /-~~-04' oU/ Secretary
a ~.
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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: July 10, 1990, at 5:15 p.m.
Name and Address of Applicant: Anthony Yerkovich
1802 Ashland Avenue
Santa Monica, CA 90405
Property Location or
Description: Parcel 1, Stranahan-Wells
Lots ]., 2 and 5, Section 15
Township 9 South, Range 85 West
Requesting approval for a 64 foot front yard setback variance
where 100 feet is required in the RS-20 PUD zone district, for
the construction of a barn. The granting of this variance would
place the barn 36 feet from the Yerkovich's front yard property
line.
Duration of Variance: Temporary Permanent: X
THE~TKIN COUNTY OARCL~ ADJUSTMENT
Cindy Christensen, Secretary
~~V
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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 PM
Name and Address of Applicant: Anthony Yerkovich
c/o Joseph Wells/Arthur Daily
130 Midland Park P1., Aspen
600 East Main Street, Aspen
Property Location or Description: Parcel 1, Stranahan-Wells
Subdivision Exemption situated in Lots 1, 2 and 5, Section 15,
Township 9 South, Range 85 West 6th P.M. (1/3 miles east of Upper
River Road 17 on Woody Creek Road 18), Pitkin County
Requesting approval for a 43 foot front yard setback variance and
a 45 foot west sideyard setback variance, where 100 feet and 50
feet, respectively, is required in the RS-20 PUD zone district,
for construction of a single-family residence and a barn. This
variance, if granted, would place the barn 57 feet from the
Yerkovich front yard property line and the house 5 feet from the
west sideyard Yerkovich property line.
Duration of Variance: Temporary Permanent: X
THE' ITKI COUNT BOA~2 OF ADJUSTMENT
~~.~~ ~ ~d~~~,~,~
Cindy Chris ensen, Secretary
000003
Mr. Anthony Yerkovich
1802 Ashland Avenue
Santa Monica CA 90405
May 14, 1990
Pitkin County Board of Adjustment
c/o Aspen/Pitkin Zoning Department
130 South Galena Street
Aspen CO 81611
To The Members of the Board:
My letter is to confirm that I am the record owner of Parcel 1,
Stranahan-Wells Subdivision Exemption situated in Lots 1, 2 and 5,
Section 15, Township 9 South, Range 85 West, 6th PM, as described
in Exhibit "A". I have requested that Arthur Daily of Holland &
Hart and Joseph Wells submit on my behalf the enclosed request for
variance from front yard and side yard setback provisions of the
RS-20 (PUD) zone district.
If you need additional information, please feel free to contact
Mr. Daily or Mr. Wells on my behalf.
Sincerely,
Anthony Yer icy'
OOOU04
1J
Joseph Wells
Joseph sells, A1CP
land PFanning and Design
May 14, 1990
To the Pitkin County Board of Adjustment:
On behalf of Anthony Yerkovich, the owner of an 18.6 acre parcel
in the Woody Creek area, this application is filed to request
approval by the Pitkin County Board of Adjustment of a variance in
the front and side yard setback requirements of the RS-20 (PUD)
zone district, in order to permit the construction of a detached
residential dwelling and a barn on the parcel.
Under Article 16, the Board of Adjustment's powers include the
following:
(516-13) "Where by reason of exceptional narrowness, shallow-
ness or shape of a specific piece of property at the time of
enactment of zoning regulation, or by reason of exceptional
topographic conditions or other extraordinary or exceptional
physical characteristics or condition of such piece of
property not created by the applicant subsequent to the
adoption of these regulations, the strict application of any
zoning regulation would result in peculiar and exceptional
practical difficulties to, or exceptional and undue hardship
upon, the owner of such property, then the Board shall have
authority upon an appeal relating to said property, to
authorize a variance from such strict application so as to
relieve such difficulties or hardship, provided such relief
may be granted without substantial detriment to the public
good and without substantially altering or impairing the
intent and purpose of the zoning district regulations and the
policies and regulations of this Code; ..."
Under the provisions of §5-401.2(h)(1) of the Land-Use Code,
"structural construction associated with residential ...
development ... shall be prohibited in areas where slopes are
thirty percent (308) and greater."
130 Midland Park Place, Number F2
As en, Colorado 81611
Telephone (303) 925-SO80 0 ~ ~ ~l O
Facsimile (303) 925-8275 U
Pitkin County Board of Adjustment
May 14, 1990
Page Two
While Parcel 1, Stranahan-wells Subdivision Exemption is a
relatively large parcel, only a small percentage of the site in
the area of the Salvation Ditch includes land which is generally
less than 308 slope, as illustrated on Exhibit"B". This buildable
area is also in turn split more or less in the center by the
Salvation Ditch. In order to limit construction to only those
areas which are generally less than 308 slope, it is necessary to
build within the 100 foot front yard setback and 50 foot side yard
setback established for the RS-20 (PUD) zone district.
It should be pointed out, however, that Parcel 1 is well removed
from the nearest public road. Parcel 2, Stranahan-Wells
Subdivision Exemption lies between Parcel 1 and the Lenado Road to
the southwest, so that there is over a 600 foot separation between
the property and the road right-of-way. In addition, Parcel 1 is
on a bench well above the adjoining property to the northwest with
a significant vertical separation between the proposed building
site for the future residence and any potential building sites on
the neighboring property. These circumstances virtually eliminate
any adverse consequences of the variance requested.
The original parceling of the subject property was created by a
conveyance from George Stranahan to Joe Slater in 1974. The
subject property was subsequently zoned RS-20 (PUD). In 1981, the
Pitkin County Board of Commissioners approved a boundary change
between the Slater parcel and the adjoining land retained by
Stranahan, said boundary adjustment being memorialized in the
Stranahan-Wells Subdivision exemption map recorded at Book 18 Page
97 (copy enclosed).
That approval, while assuring that some land of less than 308
slope was added to Parcel 1 (so that disruption of the site would
be minimized), nonetheless created the present situation in which
it is necessary to encroach into the setback areas in order to
avoid the areas of 308 slope and a gully which lies just east of
the proposed residence site. In fact that approval was granted
for the the exress purpose of constructing the residence "on more
gentle terrain and in a spot which will be better concealed from
distant views" (BOCC Resolution 87-81 in Book 413 at Page 54 ).
~o~uo6
Pitkin County Board of Adjustment
May 14, 1990
Page Three
The applicant requests approval of a variance of 43 feet in the
front yard setback of 100 feet in order to construct a barn in the
area below the Salvation Ditch; in addition the applicant requests
approval of a variance of 45 feet in the side yard setback of 50
feet in order to construct a residence in the area above the
Salvation Ditch, all as shown on the attached Exhibit "B" and the
architectural Site Plan.
nc~ely,
~~~
Joseph Wells, AICP
JW/b
ODUUU7
~ITKIN COUNTY TITLE, Inc.
Title Insurance Company
Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis
President (303) 925-1766 • (303) 925-6527 FAX Vice President
ADJACENT OWNER'S STATEMENT
Pit kin County Title, Inc., a duly licensed Title Insurance Agent in the State of
Colorado hereby certifies the following list is a current list of adjacent property
owner's to the SUBJECT PROPERTY, as obtained from the most current Pitkin County
Assessors Tax Rolls.
NAMES AND ADRESSES BRIEF LEGAL DESCRIPTION
---------------------------------------------------------------------------------------
ANTHONY YERKOVICH SUBJECT PARCEL
1902 ASHLAND AVENUE
SANTA MONICA, CALIFORNIA 90405
WOODY CREEK ROAD CORPORATION
8080 N. CENTRAL EXPRESSWAY
DALLAS, TEXAS 75206
METES AND BOUNDS
HUNTER S. THOMPSON
P.O. BOX •3i o20~(~
WOODY CREEK, COLORADO 81656
GEORGE S. STRANAHAN
TRUST REAL ESTATE DEPARTMENT
245 SUMMIT STREET
TOLEDO, OHIO 43603
WESLEY RAYMOND HOLMAN, SR.
RUTH LOUISE HOLMAN
P.O. BOX 33
WOODY CREEK, COLORADO 81656
UNITED STATES DEPARTMENT OF
AGRICULTURE/ ST SERVICE
806 W. HA AM ST ET~ /
ASPEN, C ORADO 8 61
SIGNATURE
METES AND BOUNDS
2-PARCELS, METES AND BOUNDS
METES AND BOUNDS
WHITE RIVER NATIONAL FOREST
~~~UQ~
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 PM
Name and Address of Applicant: Anthony Yerkovich
c/o Joseph Wells/Arthur Daily
130 Midland Park P1., Aspen
• 600 East Main Street, Aspen
Property Location or Description: Parcel 1, Stranahan-Wells
Subdivision Exemption situated in Lots 1, 2 and 5, Section 15,
Township 9 South, Range 85 West 6th P.M. (1/3 miles east of Upper
River Road 17 on Woody Creek Road 18), Pitkin County
Pitkin Planning Office
uth Galena Street
CO 81611
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?080 North Cent el xpressway
Dalla? TX 7520'
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Lot 4-A, Samue~n Tracts, more particu•rly described as
follows:
A parcel of land situated in Tract 64 of Section 21, Township
8 South, Range 86 West of the Sixth Principal Meridian being
more particularly described as follows: Commencing at a point
whence Angle Point No. 2 of Tract 65, said Township and Range,
bears S. 49°54'32" E. 687.55 feet to a rebar and cap L.S.
#19598 in place; thence N. 50°19'41" W. 110.00 feet to a rebar
and cap L.S. #19598 in place; thence N. 35°30'00" E. 62.40
feet to a rebar and cap L.S. #7734 in place; thence S.
76°39'20" E. 118.45 feet to a #4 rebar in place; thence S.
35°30'00" W. 115.07 feet to a point of beginning. EXCEPT that
portion conveyed to Roaring Fork Water Association by Roger W.
Samuelson and Marjory A. Samuelson recorded September 20, 1971
in Book 257 at Page 890 as Reception No. 147504.
Subject to prior mineral reservations of record and to
easements and rights of way of public record.
'If in Denver, insert "City and".
NO. 463. Rev. 7.87. WARRANTY DEED (For Phdognphlc Rerord)
OraAloN Publish ing. 5825W 6N Ave.. lakcwooE. CO gW14-(303)233-6900 }g]
000010
EXBIBIT 'A•
T~IS DEED, made this 30th day o! Mardi, 1988, between
ASP.'-I PROPERTIES of CALIFORNIA, a California partnership,
grartar, and ANTHONY YERKOVICH, whose legal address is 1802
Ashland Avenua, Santa Konica, California 90405, of the
County of , State of California, grantee:
WITNESSETH, That the grantor !or and in consideration
of the sum of Ten Dollars and other good and valuable
consideration, the receipt and sufficiency o! which is
hereby acknowledged, has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell,
co;,vey and confirm, unto the grantee, his heirs and assig:s
Forever, all the real property together with improvements,
i_* any, situate, lying and being in the County of Pitkin
and State oP Colorado described as follows:
Parcel 1, according to the STRANAHAN-WELIS EXEMPTION
MAP recorded in Plat Book 13 at Page 97;
TCGETxER with all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertain-
ing, and the reversion and reversions, remainder and
remainders, rents, issues and profits t':ereof, 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 hereditaments and
appurtenances.
Zsas~+
SIIVIA OAVIS
PITKIH CMTY RECOR]ER
ArR d I ~ P~'88
TO HAVE AND TO HOLD the said premises above bargained
and described, with the appurtenances, unto the grantee,
his heirs and assigns lorever. And the grantor, for
hlmsel=, his heirs, and personal repreeantatives, does
covenant, grant, bargain, and agree to and with the
grantee, his heirs and assigns, that at t':e time of the
ensealing and delivery of these presents, he is well seized
of t':e premises above Conveyed, has good, sure, perfect,
absolute and Indefeasible estate of inheritance, in law, in
fee simple, and has good right, 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, ancumbrancea and
restrictions of whatever kind or nature soevar, except
taxes and assessments for 1988 and all subsequent years;
U.S. Patent raservationa and exceptions; easements in Soak
353 at Page 621, Book 371 at Paga 544, and in Book 265 at _
Paga 979; terms, conditions, obligations and restrictions
net forth in instruments recorded in Hook 215 at Pnge 62
and in Book 435 at Pnga 301; and Resolution recorded in
Hoak 413 at Paga 57.
STATE DOCUMENTARY FF = ap~~
_~_
0 0 0 011 3 a~ ~ ~ INrrIAIS
c _;
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Tha grantor s`.zll and will WARRANT AND FOREV5'R DE°END
the above-bargained premises in the quiet and peaceable
possession of the g_-antae, his hairs and assigns, against
all and every persca or parsons lawfully claiming the whcle
or any part thereof. Tha singular number shall include the
plural, the plural the singular, and the use of any gender
shall be applicable to all ganders.
IN WITNESS WHEREOF, the grantor has executed this deed
on the date set forte above.
ASPEN PROPERTIES OF
CALIFORNIA, a California
partnership
STATE OF CALIFORNIA )
aa.
COUNTY OF ALAMEDA )
___i
Franklyn P,' Mosher,
Ganaral P rtner
The foregoing instrument was acknowledged before ae 3n
the County of Alameda, State of California, this 31st day
o! March 1988, by Franklyn P. Mosher, as General Partner of
Aspen Properties of California, a California partnership.
Witness my hand and official seal. ~-p
My commission expires: ~~~~~~~ d
OFFICIAL SEAL, ' _ ~
MARILYN ROTi!NAN I ~N/~~~. it
o NOTANV PU9UC-CAUFO~NIA ~j/ ~( /`~Cv/`/r ~ ~,/
AU1AmA COUNTY V: v /' ~ ,
MTC.mm~v..~A.yiv,ivee NOtar,11 Public
Address o! Notary:
lLG' / ~~tiy~~ ~~C'~lLg/
(y:t,L (~~ LL i w~ L(, ~/,7 ~/
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DIRECTIONS TO THE SITE
To visit Parcel 1, Stranahan-Wells Subdivision Exemption, drive
northwest on Upper River Road 17. Drive 0.3 mile past the Woody
Creek Tavern and turn right onto Woody Creek Road 18 (sometimes
referred to as Lenado Road). Drive 1.3 miles on Woody Creek Road 18
(past the entrance to the Community School at 1.2 miles). Turn left
onto the gravel entry road and proceed up the hill to the north
approximately 0.1 mile to the site.
The location of the notification sign to be posted on the property
is identified on Exhibit "B".
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To: Board of Adjustments
From: George Stranahan
Date June 4, 1990
Tony Yerkovitch purchased
a number of restrictions
placement, etc. I am also
and west of his property.
present proposal. He has
request.
--~ ' ,~
Geo a St'fanahan
the subject property from me subject to
regarding building size, materials,
the neighboring landowner to the south
He and I have worked together on the
been very agreeable and I support his
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A~ -N/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
city
00113 -63250-734 GMP/CONCEPTUAL
-63270-136 GMP/FINAL
-63280-137 SUB/CONCEPTUAL
-63300-139
-63310-140 SUB/FINAL ~~
ALL 2-STEIP 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 -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
~i3230-133 ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
-63450-146 BOARD OF ADJUSTMENT
REFERRAL FEES:
00125 -63340-205 ENVIRONMENTAL HEALTH
00723 -63340-190 HOUSING
00113 -63360-143 ENGINEERING
PLANNING OFFICE SALES
00113 -63080-122 CITY/COUNTY CODE
-63090-123 COMP. PLAN
-63140-124 COPY FEES
-69000-145 OTHER
SUBTOTAL
Name: ~ / t, ,~ Phone: _
Address: ~? .J „~ ~: ~~ ,- ~~~ r ~L Project-:~_~
Check # .J - Date: ~_
Additional billing: #otHours:
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County of Pitkin } AFFIDAVIT OF NOTICE BY
}ss_ POSTING OF A VARIANCE HEARING
BEFORE THE PITKIN COUNTY
State of Colorado } BOARD OF ADJiJSTMENT
The undersigned, being first duly sworn, deposes and says as
follows:
I ~ Joseph Wells 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
2g~ day of May 19 90 to the
5th day of June 19 90 (Must
be posted for at least (09) full days efore he~lring date).
~J~ ,
_-
j
___
App cants Signature
Subscribed and sworn to before me
this 30th day of MaY
19 9U by Joseph Wells
WITNESS MY HAND AND OFFICIAY. SEAL_
My Commission expires. 5/30/92
Notary Public's Signature
100 S Spring Street, #3, Aspen CO 81611
Address
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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 ddjourned) 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 PM
Name and Address of Applicant: Anthony Yerkovich
c/o Joseph Wells/Arthur Daily
130 Midland Park P1., Aspen
• 600 East Main Street, Aspen
Property Location or Description: Parcel 1, Stranahan-Wells
Subdivision Exemption situated in Lots 1, 2 and 5, Section 15,
Township 9 South, Range 85 West 6th P.M. (1/3 miles east of Upper
River Road 17 on Woody Creek Road 18), Pitkin County
• Requesting approval for a 43 foot front yard setback variance and
a 45 foot west sideyard setback variance, where 100 feet and 50
feet, respectively, is required in the RS-20 PUD zone district,
• for construction of a single-family residence and a barn. This
variance, if granted, would place the barn 57 feet from the
Yerkovich front yard property line and the house 5 feet from the
west sideyard Yerkovich property line.
Duration of Variance: Temporary Permanent: X
THE PITKI COUNT~'~ BOAJ2H OF ADJUSTMENT
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_ ~~4443 Oi/18/9U 16:13 Fec ~U BE: 625 FG 105
~ Silvia Davis, F•it4tin Cnty Cler{::, Doc 2.UU
RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING SETBACK RELIEF FOR ANTHONY YERROVICH
RESOLUTION NO. 90-29
WHEREAS, Anthony Yerkovich, owner of Parcel 1, Stranahan-Wells
Exemption Map, recorded in Plat Book 13 at Page 97, requests a 64
foot front yard setback variance, where 100 feet is required in
the RS-20 PUD zone district, for the construction of a proposed
barn; 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
64 foot front yard setback variance be granted to allow for
construction of a proposed barn, as shown on the plans submitted
(Exhibit "B"), due to topographical hardships.
WARNING: Any violation of the terms of this resolution may
result in rehearing and possible revocation.
000022
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9
i#'.. L445 07/18/90 16:13 F:ec ~. Btt 625 FG 106 -
Silvia Davis, Fitkin Cnty Clerk:, Doc 2.0~~
i,
Resolution ~. 90'cLL
Page 2
The Resolu on was adopted by vote of the Board of Adjustment of
the County E Pitkin, State of Colorado.
DATED: une 5, 1990
ATTEST: "
~~ ~~;~-
Cind L. 'hristensen,
Sec :tart'
The Board of Adjustment
of Pitkin County, Colorado
~~
Kand' Shaffran,
Chairman
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#324445 U7/18/9~? 16:13 Rec ~.~ BF' 62S FG 107
Silvia Davis, F'it4iin Cnty fled::, Doc ~.Oi~
EXHIBIT "A"
Legal Description
for property owned by
ANTHONY YERKOVICH
Parcel 1, according to the Stranahan-Wells Exemption Map,
recorded in Plat Book 13, at Page 97.
OOOUL`Y
1 EXHIBIT "B"
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#_ .445 U7/18/9U 16:13 Rem $.~ bK.: 625 P6 106
Silvia Davis, Pi*_I<in Cnty Clerk:, Doc $.UU
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~ LE
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: July 10, 1990 at 5:15 PM.
Bigelow, Steve: requesting a 80 foot Highway 82 setback
variance, where 100 feet is required in the AF-1 zone district,
for the construction of a single-family residence. Property
Location: 0047 Mountain Shadow Way, Pitkin County.
Yerkovich, Anthony: requesting a 64 foot front yard setback
variance, where 100 feet is required in the RS-20 PUD zone
district, for the construction of a barn. Property Location:
Parcel 1, Stranahan-Wells Subdivision Exemption, Lots 1, 2 & 5,
Section 15, Township 9 South, Range 85 West.
Benson, Heidi and Carpenter, Kim: requesting a 25 foot rear yard
setback variance and a 30 foot west side yard setback variance,
where 50 feet (for both) is required in the RS-30 PUD zone
district, for the construction of a single-family residence.
Property Location: Shield-O-Mesa, Township 9 South, Range 87
West, parts of Section 15 and 22, Pitkin County.
Boyd, Constance: requesting a 45 foot front yard setback
variance, where 100 feet is required, in the AF-1 zone district,
for the construction of a barn. Property Location: Section 15
and 14, Township 10 South, Range 85 West, Heatherbed Lodge
Pt.~i~ert, , P ~~.in Cou::_~: .
Submitted to the
To Be Published
~n,mty Pp ~
ooou~s
Aspen Times on July 3, 1990.
in the Aspen Times on July 7, 1990.
NOTICE OF PUBLIC HEARING
BEFORE THE PITKZN 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 lp 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.
000027
Yerkovich,
variance a.
feet and 5
Lot 1, 2 &
1, Stranah<
Dictenberg,
variance,
for the coy
Property L
Whitehorse
Submitted 1
To Be Publ:
County PO ~
nthony: requesting a 43 foot front yard setback
a 45 foot west side yard setback variance where 100
feet is required, respectively. Property Location:
. Section 15, Township 9 South, Range 85 West, Parcel
-Wells, Pitkin County.
Peter: requesting a 49 foot front yard setback
're 100 feet is required in the AF-1 zone district,
:ruction of an addition to a single-family residence.
ation: 2120 McLain Flats Road, Lot 12, Block 1,
Brings.
the Aspen Times on May 22, 1990.
ied in the Aspen Times on May 24, 1990.
6823
~~~UGR
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 Havne L5 Crustal 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.
_„
000029
After a b~ :f discussion, Gull moved to grant a 39 foot rear yard
setback v dance and a 28 foot northeast side yard setback
variance, per the plans submitted, due to downzoning. Guy
seconded 1 : motion and all were in favor.
Case #90-: Bigelow, Steve. 0047 Mountain Shadow Wav
Steve Bige ~w was present to request a 75 foot front yard setback
variance, 10 foot southwest side yard setback variance, and a
24 foot n~ .h side yard setback variance where 100 feet, 30 feet
and 30 ] :t, respectively, are required in the AF-1 zone
district, or the construction of a single-family residence,
because o] ~ non-conforming lot size.
A discuss n was held if the variance should include an area
well. Z County considers area wells as development and
prohibits iem from encroaching into setbacks. Mathis mentioned
that in tk City it is handled differently.
Bigelow s mitted a copy of the restrictive covenants for the
Samuelson 'acts which calls for a 25 foot setback.
Neiley any Shaffran both felt the house is placed in the best
possible cation and have no concerns with what Bigelow is
requestinc
Neighbor, .eve Smiley, stated his concerns about the location of
the septi system. Bigelow has stated to Smiley that he has
received ermission to place this septic system on his
neighbor'; Dugan, property.
Guy states chat a 200 foot setback from Highway 82 has not been
addressed. Because of this, renotification is required.
Guy moved o grant a 75 foot front yard setback variance, a 10
foot Bout] Est side yard setback variance, a 20 foot north side
yard setb~ :variance and an 80 foot Highway 82 setback variance,
as propos on the submitted plans, due to nonconforming lot
size, pen ng renotification of the highway setback variance.
Ostwald sc >nded the motion and it was passed 6-0.
Case #90-: Broughton, Kenneth, 1266 Owl Creek Road
Scott Brc hton was present to request a 69 foot front yard
setback v fiance where 100 feet is required in the AF-1 zone
district, or the construction of a proposed bedroom addition
above an c ~_sting garage.
Schaffner Mated that this addition would be considered a
separate elling unit as per the Pitkin County Land Use Code.
Lucero f •ther defined separate dwelling units. Lucero
reiterates =hat the Board of Adjustment should be looking at the
setback oz ~, not the use of the structure. The Board ruled that
it should idress the setback issue only.
Shaffran r red to grant a 69 foot front yard setback variance for
the addit n of a bedroom, as on the plans submitted, due to
downzoninc Guy seconded the motion and it was passed 6-0.
Qon~`~~ 2
r
c
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. 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.
3
000031
Shaffran ited that the proposed location for the barn is the
only locat n reasonable due to topographic reasons.
Shaffran n ed to grant a 64 foot front yard setback variance as
shown on t revised plans submitted, subject to renotification,
due to toF graphical hardships. Ostwald seconded the motion and
it passed 0.
Case #90-3 Dictenberg. Peter & Margaret. 2120 McLain Flats
Margaret I tenberg was present to request a 49 foot front yard
setback v< .ance where 100 feet is required in the AF-1 zone
district, r an addition to a single-family residence, because
of topogr~ iical hardships. The lot is 7 acres. Dictenberg
submitted ctures of the property and where the addition would
be located
Dictenberg also submitted a letter from neighbor, Mr. Metcalf,
who would most impacted by the variance.
No one fro the public was present.
Mathis may a motion to grant a 49 foot front yard setback
variance, :r the plans submitted, for topographical hardships.
Shaffran s onded the motion and it passed 5-0.
The Board >ved to change the July meeting date from July 3 to
July 10. 1 were in favor.
Mathis men oned that he will be moving out of the County in July
and needs :o know if he can still be part of the Board of
Adjustment A formal letter to the Pitkin County Commissioners
will be pr ented for approval.
The minut of the May 1 meeting were approved with changes
submitted.
Gull brouc up some concerns he has with the Zoning Office's
role to th Board of Adjustment. This was discussed.
Neiley mov to adjourn the meeting; Gull seconded the motion and
the meetin was adjourned at 7:45 p.m.
Respectful Submitted,
~ ~- J _
~~_-1~~
00003? 4
Cindy L C istensen, Secretary Kandi Shaf ran, Chairman
A~N/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 SU B/CONCEPTUA4 ~ j
-63300-139 SUB/FINAL ~ ~
'
-63310-140 t
ALL 2-ST~P 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 -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/
CONSENT AGENDA ITEMS
-63450-146 BOARD OF ADJUSTMENT
REFERRAL FEES:
00125 -63340-205 ENVIRONMENTAL HEALTH
00123 -63340-190 HOUSING
00113 $3360-143 ENGINEERING
PLANNING OFFICE SALES
00113 -63080-122 CITY/COUNTY CODE
-63090-123 COMP. PLAN
-63140-124 COPY FEES
-69000-145 OTHER
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Address: .'x; ~ ! ? ~.. ~l~ ~ . ~C_
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Check # / ~- - ~ ~
Additional billing: ~Uav
SUBTOTAL ~); "-
TOTAL ! -~
Phone: ~',~~ J~)5,
Project: ~. ~'21 ~~`~ ^~"
Date: _ i L~ i~:7
Scanned 11/14/07
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