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HomeMy WebLinkAboutpitkin.boa.90.29 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 ~. iJ ~; , , ~l , , 000001 ~-~ ~~ 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 ~~~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 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 ` '~T^q,yEO `~'~ TO 9EN DE11 ._ `'g ~ ~ 617 grim __.__ ~-_- OOOU00 .. -----, t°---,... ~. - i / .. .~, . v T N~ O „~- 'cam. ~^• ~ n, a c s, 2 o z ~ ~ T^'oody Creek Roa~C ration ?080 North Cent el xpressway Dalla? TX 7520' ~' - F, 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 _; •• ~ ~x sso ~~~~s~ 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 ~/ 2 OOOU1? ~~ ~~ 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". ~UU~1,~ \ \~~~ .~/ : LV./ ~ ._/ E ~` ~56/ .l r, _ `, ~~ 1 s~ ~~ ~ / ~~hl~ - ~~ 4 4 ~ / ~ ~a'Op 18 'q ` ~4 '~i/~ ` ~. ( %/-/ ~ ~ / ~~~ ~ ~ e qsz/ _• `7 1 ^$ ~I ~' cn l ~ \ ~ I f _ \ \\ P fL ~:_ ~ Woodr creek /15 1 ~ .` : 5 -~ °~-~ \GS ~ ~.. q I [~ _'~~~~ i ~ ~ V ~~ A ~ ~ ' ~ z roe - ~ ( ~ 1 • , ~ +\(~ z~ u ~~~, , 1( ~ )I ~ ~~ r'/ ~~ - Y°' 1 I ~~ '`- ~ ~ !. ~ II(I/ ~ " 111 .~ .~ ~ ~Y ~((/ ~ \ (( / `'-\`~/^..I ~`\ 2L~~ ~ 2 ~_ ~, ;22~ ''1 r 1:11 i/ ~ 2~~ r ~ \ V i I ~ ~ k a a=d___=s__.t= / A ~''e fi '•,1 Ns I 1 \ ~ ~. 21 ~0 22 I 22 8 F3 - - J ~_ e _- r .A ~ + ~ a _ p / Q' it ': ~ _ _ _ 6t0~ I `~ ~ ~ .v o °~• r ~. ~ -- °° `--~---- - - - 1' 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 ~UU~I;J •~:~ .~ `<,~~ ooo~~s i i I' I t~ i `` \. ~ o ~2I ~ O ~F ~ 1 2 1 ~ S ~ D ~ D Z oa.35 • A/ SM q~r J t (~ U` (~ N ~ . Z 1 N L !/ Q G 9 b .\ ~~ r I 1 Z ~~I~;\ I i n r~ o eq ~ ~ ~ N rn ~ ~ ~I ~~ -~~ _ R i ~ \7° r ~ 11~tld.ee ~r'.Crglk"y53a~ffy ;"=:~e'~ o' ~9. 0 6'aA k b: { x•"•. v - 4 z aY~il°bYtagM=~92'F'~!';se'~e.gr~tt'~ppp~, • 3T° ~~ rc S!e ~ S R CY6'r:XYC.YYYiP. ~"'~~MASkg"bY,",Y~i>~ J7.~;~ . ~ ~ ~ P ~ ^"d~ t ~~ e s :retl6s tl'e e$ xsrr~gy`kjY^bng{3 a "Sa i ° s .~g2 ^ O t Y~ ~6;Y-r!'~i6~e„6~SY=Cu~b;~;: ~:°` ~ b i~ 3idrL Y.~ ~~~ ~X ° ~ ~rkaY F~~cYi~y~gVa~'9`-^ _ ~~ ~. fad 9 ~ `~ Y Y " i ° a `,~~ o ~'e~~yvajeb5i,~.~ie~°',~-'~g~rea~C~7ep ~ Cs ~~ fir? :: =' <g9~ s_2~c fp tP"3S ~3 S~YYI: ' 7b a t ~ Y; ~-: \ F8S r ~ M g ^iE4~ ''stl: 53rnk''ui M.~r~~ J ~ 3.fEeg~ "` d"Y Y 4 Ors Y~"S 6 ~,F~~p. kS :~' ~^ b YFi !. f ~a 3 a a ~ a 1 o_ - r 3E ~ N Ea 4 x #^ , ~ aka ^ '~~ ~~ ~~," ~ ~~~ 8 3 :. ,r a r yy(~ t`6 s \ a, es FPS `s ~ ~, ~tl +~ ~ ~' . 0 yyi~i ~ EF; Q Q 7 .f ~~ ~ at a 00001. - v d ~~ IJJJ~ !~A 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: oooosa - / ~ l1%~ J -~~~ `~Q .2 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 e ~ ~~ f ~ + ~- ~~ ..~ 1 000019 ~,~-~,~,,~; ~ ~ ~~ a ~ ~ • ~ r i 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 !- c. Cindy T.. Chri ;tnns~n, `~ecr~Y~r~,• ~ 0000?0 ~~ N W N ~ o b m ~ 'J N 7 O\ G 'C () rt r~ O S ~* x ~ ~. ao N 7 r ~-' rnm ro ra r r 0~ SU 0 ~ ~ rt ~• ~_: m ~ [~ ~ ~ n x rt Q yY M ~ 1 ~. ~_ "` M ~^„ Z O1 t ' Z~.2 ~ v ~ m p ~ ~i n +.4} b ^O W ~O r oo O r o o. w `e n 2 on nn y rtm ~ ~x n ~~ o rt a xNn ~~SSbj - ,,"dngp251W0 n n ~ ~"~ mw l r w rt ~ a ! m ~• ~~, '': c,rt'~.n.,. f°~ _ .~ -, ~,.1 ` i ~I '4iil r'~ r Jl 1_' 'l i n,,._.. _ ..R OOO ~c~,i _ ~~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 ~, 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 ~~0~~3 . ,,. _ m :. _~ #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" i ~ ~ .. /~ t ' ~ / 4 , ~ ,: \ 1 1 `, ~1 1 \\ `1 1 1 r ~ I I I i.. I ~ ~, 1 ^. I I I I' ^^// 000~4~ c~=r~rcr- ~ , #_ .445 U7/18/9U 16:13 Rem $.~ bK.: 625 P6 106 Silvia Davis, Pi*_I<in Cnty Clerk:, Doc $.UU I I i I I ' 1 \.\ \ 1 .~ .a I I ~ I I II ~ ~ \\ \'. 1\ 1\ ~ ~., t 1 1 \ \ .: 1 a ~.. '\ '~ ~, \ '. 1 .: .r`~, ~II ~ ,.. `v - \\ `~... \ VvA 4 F \ [ Y: t .,"` ~ \ \ ~~ i \ \ ( r \` \\ \\ \ ~, i ~ . 'I \ \ ~ \,F ~ t~ ~ it - ~=~' ~~ ~~-: _ ~ ~. 4., ~ 1` 1•X t\ \,, ' S :\ ~< `~ - §~ ~ 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 % ;~ Name. \ ~'t t ~~ ~ i~. : ,. ~ /~ ;/ J Address: .'x; ~ ! ? ~.. ~l~ ~ . ~C_ ` _ Check # / ~- - ~ ~ Additional billing: ~Uav SUBTOTAL ~); "- TOTAL ! -~ Phone: ~',~~ J~)5, Project: ~. ~'21 ~~`~ ^~" Date: _ i L~ i~:7 Scanned 11/14/07 File Finders Box #15 LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER