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PITRIN COIINTY
BOARD OF ADJIISTMENT
DATE
APPLICANT
ust 13, 1990
Robert A. Hefner, III
CASE #
PHONE 925-6075
MAILING ADDRESS Post Office Box 1223, Aspen, CO 81612
OWNER Same as above
PHONE Same as above
I -~//~ MAILING ADDRESS Same as above
o~'^ IACATION OF PROPERTY Tract R-8-B, Starwood Subdivision, aka
%~ 3y ~~~
452 Trentaz Drive, Aspen, CO 81611
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 estion.
Applicant Signature
(To be completed by the Zoning
Provisions of the zoning resolution requiring the Zoning Official
to forward this application to the Board of Adjustment, and
reasons for not granting a building permit:
7S"~~C Zone District
Requesting: „~~w-. Lot Size
~' Front Yard Setback Variance, where U~%'' is required.
' Rear Yard Setback Variance, where ' is required.
' Side Yard Setback Variance, where ' is required.
' Side Yard Setback Variance, where ' is required.
' Height Variance, where ' is required.
Square Feet where a maximum of sq. ft. is allowed.
Other:
Hardship:
Zoning Official
Application filed ~/''~G~G~9C~ Date ~
Notices mailed R-~"~~
Parcel ID #-~~+-o7~s-ol-b/3 Secretary
NOTICE OF PUBLIC HEARING
BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE
VARIANCE DESCRIBED BELOW:
Pursuant to Pitkin County Resolution of June 5, 1955, as
amended, a Public Hearing will be held in the District CourtRoom,
Pitkin County Court House, Aspen, Colorado, (or at such other
place as the meeting may then be adjourned) to consider an
application filed with the said Board of Adjustment requesting
authority for variance from the provisions of the County Zoning
Resolution.
All persons affected by the proposed variance are invited to
appear and state their views, protests or objections. If you
cannot appear personally at such meeting, then you are urged to
state your views by letter, particularly if you have objection to
such variance, as the Board of Adjustment will give serious
consideration to the opinions of surrounding property owners and
other affected in deciding whether to grant or deny the request
for variance.
THE PARTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE ARE
AS FOLLOWS:
Date and time of meeting:
Name and Address of Applicant:
Property Location or Description:
September 11, 1990 at 5:15 pm
Robert A. Hefner, III
P.O. Box 1223
Aspen, CO 81612
Starwood S/D, Tract R-8-B
452 Trentaz Drive
Requesting approval for a 23 foot front yard setback variance
where 100 feet is required in the RS-20 zone district, for
construction of a single-family residence. Approval of this
request would locate the proposed house 77 feet from Hefner's
front yard property line.
Duration of Variance:
Temporary
Permanent• X
THE PITKIN CQ~UNTY "DARD OF ADJUSTMENT
7
d /~
Cind L. Christensen, Secretary
00000?
i •
ROBERT A. AEFNER, III
POST OFFICE BOX 1223
ASPEN, COLORADO 81611
303/925-6075
August 13, 1990
Pitkin County Board of Adjustment
c/o Aspen/Pitkin Planning Department
130 South Galena Street
Aspen, Colorado 81611
Attn: Ms. Cindy Christensen
Re: Request for Variance from 100' Front Yard Setback
Tract R-B-B. Starwood One Subdivision
Dear Ms. Christensen:
I own Tract R-8-B, Starwood One Subdivision (the
"Property"). The Property is located in the RS-20 PUD Zone
District, which has a 100' minimum front yard setback. My single
story home is sited on a knoll and separated from my neighbors by
steep gullies. The home is on the only relatively level area of
the Property, which is on the edge of a steep ridge which slopes
from an elevation of 8,335' down to 8,200'.
As shown on the survey submitted with this application, my
home is located entirely within the 100' front yard setback.
When my home was originally constructed in 1967, the Property was
located in an AF-2 Zone District which had a 30' minimum front
yard setback. The subsequent rezoning of the Property to RS-20
PUD thus resulted in creating a nonconforming use.
I wish to construct an approximately 550 square foot
addition to my home. I am hereby requesting the Board of
Adjustment to authorize a variance from the 100' front yard
setback restrictions. The basis for this request is that the
exceptional topographic conditions of the Property restrict the
building site for my home and my proposed addition to the only
level area of the Property which happens to be located within the
100' front yard setback. The strict application of the 100'
front yard setback would result in peculiar and exceptional
practical difficulties to and exceptional and undue hardship upon
me as the owner of the Property.
The proposed addition will be located on the ground floor of
the northwest corner of my home. Screened by the dense scrub oak
which surrounds the western and northern sides of my home, the
~~~~~ J
AI_I~, 1 ~ ' ?F~ 14: ~6 PG_I~
AI I , 13 "~~ i 14: ~5 HOLLAND ~'. HAF.'T ASFEN
P.~
addition will not be seen from any oY my adjacent neighbors
properties.
Granting my variance request will not result in substantial
detriment to the public good and will not substantially alter or
impair the intent and purpose of the zoning district regulations
and the policies and regulations of the Pitkin County Land Use
COCIE .
i£ you have any questions or need additional information,
please contact me or my authorized representatives, who are:
Eleanor Brickham
Post Office Box 167
Aspen, Colorado 81612
Phone--925-7508
Thomas J. Todd, Esq.
Holland ,& Hart
600 East Main Street
Aspen, Colorado 81611
Phone--925-3476
Thank you for your consideratior~f my variance request.
A. H~ee`f~ner, III
000004
HOLLAND & HART
ATTORNEYS AT LAW
DENVER 600 EAST MAIN STREET
DENVER TECH CENTER ASPEN, COLORADO 87611
COLORADO SPRINGS
ASPEN
BILLINGS
BOISE
CHEYENNE
WASHINGTON. D.C.
August 13, 1990
Ms. Cindy Christensen
Aspen/Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
TELEPHONE (303)9253476
TELECOPIER (303)925-9367
THOMAS J. Tonn
Re: Board of Adjustment Variance Request
Dear Cindy:
On behalf of our client, Robert A. Hefner, III, I am
submitting for the September 4, 1990 Board of Adjustment meeting
a variance request so as to allow Mr. Hefner to construct a 550
square foot addition to his home which is located within the 100'
front yard setback applicable to the RS-20 PUD Zone District.
Enclosed are the following:
1. A completed Application form.
2. A $25.00 filing fee.
3. Nine copies of the property's legal description
labelled Exhibi t "A".
4. Eight copies of a survey, labelled Exhibit "B," showing
the location of the existing home together with the
location of the proposed addition.
5. Eight copies of the floor plan and of the proposed
addition, with all uses identified.
6. Eight copies of a letter signed by our client which
describes why a variance is necessary.
7. Eight copies of a vicinity map.
8. Eight copies of a list of all adjacent property owners
and their maili ng addresses.
9. Self-addressed, stamped, letter sized envelopes with
the names and addresses of all adjacent property
owners.
ODUUQ::~
HOLLAND & HART
ATTORNEYS AT LAW
Ms. Cindy Christensen
August 13, 1990
Page 2
Upon confirmation of the date, time and place of the meeting,
a notification sign will be placed on the property which will
state as its purpose the following:
To consider Robert A. Hefner, III's application for a
variance for a 100' front yard setback to allow
construction of a 550 square foot addition to an
existing residence located on Tract R-8-B, Starwood
Subdivision.
If you have any questions or need additional information in
connection with this application, please give me a call.
/~
Very truly yours,
~~-~ d~"
Thomas Todd
for HOLLAND & HART
TJT/sm
Enclosures
cc: Robert A. Hefner, III
Eleanor Brickham
(l O tl ~~ ^ c-,
• PITKIN COUNTY TITLE, In •
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
Pitkin 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, as obtained from the most current Pitkin County Assessors Tax Rolis.
NAMES AND ADRESSES
------------------------
HEFFNER, ROBERT A. III
6441 NORTHWEST GRAND BLVD.
OKLAHOMA CITY, OK 73116
HEFFNER, ROBERT A. III
6441 NORTHWEST GRAND BLVD.
OKLAHOMA CITY, OK 73116
BRINKMAN, DEANNA
P.O. BOX 3639
ASPEN, CO 81612
HART, B, KENIN
P,O. BOX 8146
ASPEN, CO 81612
BRIEF LEGAL DESCRIPTION
---------------------------------
STARWOOD HOME OWNER'S ASSOCIATION
P.O. BOX 1138
MERCER ISLAND, WA 98040
WHITEHORSE SPRINGS WATER AND
SANITATION DISTRICT
P.O. BOX BOB
ASPEN, CO 61612
R-B-A, STARWOOD
SUBJECT PROPERTY
R-8-B, STARWOOD
LOT 12, SECTION 26, T9S, ROSW
TRACT 2, WHITE HORSE SPRINGS
Wl/2, SECTION 26, T9S, R65W
TRACT IN SECTION 26, T9S, R85W
AUTHORI2E0 SIGNATURE
~~U~~~
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EXtIIBIT "A"
Legal Description of Hefner Property
Tract R-8-B, Starwood One Subdivision, according to the
recorded Plat thereof recorded in Book 239 at Paye 165.
COUNTY OF PITKIN
STATE OF COLORADO
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VIGII`IITY MAP Scot E • r• atrr~~
ASPEN/PITKIN PLANNING OFFI'
130 South Galena Street
Aspen, Colorado 81671
(303) 920-5090
LAND US E APPLICATION F EES
city
00113 -63250-134 GMP/CONCEPTUAL
-63270-136 GMP/FINAL
-63280-137 SU B/CONCEPTUAL
-63300-139 SUB/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 -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
X3230-133 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 -63080-122 CITY/COUNTY CODE
-63090-123 COMP. PLAN
-63140-124 COPY FEES
-69000-145 OTHER
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TOTAL
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Name: ~u/l~'1 (~ Phone: ' / ', ~ = ~/ '~ t
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Check # = 5 _, l ~~`I Date: j f ~ ii'~
Additional billing: #ot Hours:
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County of Pitkin
State of Colorado
The undersigned,
follows:
~:
} AFFIDAVIT OF NOTICE BY
} ss. POSTING OF A VARTAN(,$ HEARING
} BEFORE THE PITRIN COIINTY
BOARD OF ADJIISTMEN'P
being first duly sworn, deposes and says as
I, Robert A. Hefner, III , 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 ~/st day of /} s~" , 19.yQ,
to the //~~1 day of ~~epf e. „-, ~Q ~ , 19 9 0 ,
(Must be posted for at least
(9} full days before the
s S
OF HEARING
BOARD OF
ADd11STMENT
. ~ AT ~ P1TK1N
Tt~ ~ ~ T
~gTNOU~ r1~C
., Ta LpNSID~:.
Subscribed and sworn to before me
this 1~ day of ,
19~{L, by /~o~Di~,7 ~, ~lil .t?L . .
WITNESS MY HAND AND OFFICIAL SEA~L/.
My Commission expires: ~~Z Z-' ~7
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Notary ic's Signature
Address
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i ~ #326856 lU/03/90 15:09 ~ $, Ol.) FK 631 FG 149
~ Silvia Davis, Fitk:in Cnty Clerk:, Doc x.00
RESOLUTION OF THE PITRIN COIINTY, COLORADO
BOARD OF ADJIISTI~NT
GRANTING SETBACIC RELIEF FOR ROBERT HEFNER
RESOLUTION NO. 90-37
WHEREAS, Robert Hefner, owner of a tract of land situated at
Tract R-8-B, Stanwood Subdivision, requests a 23 foot front yard
setback variance, where 100 feet is required in the RS-20 zone
district, for the construction of an addition to a single-family
residence; and
WHEREAS, the subject property is within the unincorporated area
of Pitkin County, Colorado, (as described in Exhibit "A",
attached); and,
WHEREAS, the Board of Adjustment is vested with the power to
grant or deny such variances by virtue of Title II, Section
16-1.3, Pitkin County Code (Land Use Code) and Colorado Revised
Statutes, 1973, 30-28-118(2) (C); and,
WHEREAS, based on the evidence presented, the Board of Adjustment
makes the following findings:
1. Proper notice procedures, including the
notification of all adjoining property
owners, has been shown by the applicant.
2. The required hardship or practical difficulty
has been 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
23 foot front yard setback variance be granted to allow for
construction of an addition to a single-family residence, 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.
,,,
}.:
000015
#3~6856Davis3/90 1.,.~~q Rec x'00 r 631 FG 150
Silvi .
Fitkin Cnty Clerks ~~ 5.00
Resolution No. 90- d'7
Page 2
The Resolution was adopted by vote of the Board of Adjustment of
the County of Pitkin, State of Colorado.
DATED: September 11, 1990
The Board of Adjustment
of Pitkin County, Colorado
ATTEST:
Cin L. Christensen,
Secretary
--~~Tv
Evan Gull, ~
Acting Chairman
~~Q~~~
#~~bB56 1~~/U3/4~7 i.5: Cl9 Fec ?. U~] BF' 631 FG 151
Silvia Davis, Fitk:in Cnty Cler4c, Doc ~.UU
EXHIBIT "A"
Legal Description of Hefner Property
Tract R-S-B, Starwood One Subdivision, according to the
recorded Plat t}~ereof recorded in Book 239 at Page 165.
COUNTY OF PITKIN
STATE OF COLORADO
~~~~AI
EXHIBIT "B"
SFLO
4/
0000,
#3268:6 14/43/+90 1v: 49 Fier ?.44 p~' 631 pG 152
Silt' Davis, pitkin Cnty Cler4::, ~~ y,4~j
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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: September 11, 1990 at 5:15 p.m.
City Council Chambers, City Hall
Shaw, Jenifer: requesting an 18 foot rear yard setback variance,
a 35 foot north side yard setback variance and a 15 foot south
side yard setback variance, where 50 feet is required for all
three, in the RS-30 zone district, for a proposed addition of a
single-family residence. Property Location: 1472 Snowmass Creek
Road, Snowmass.
Ferguson, Lawton (Robin): requesting a 71 foot front yard
setback variance and a 10 foot west side yard setback variance,
where 100 feet and 50 feet, respectively, are required in the RS-
30 zone district, for the construction of a single-family
residence. Property Location: Base of Gateway Subdivision,
Tracts 81 and 82, Section 34, Township 8 South, Range 86 West.
Cheever, Eddie: requesting a 65 foot front yard setback
variance, where 100 feet is required, in the AF-1 zone district,
for construction of a proposed second level to be built over an
existing garage. Property Location: 1054 South Starwood Drive,
Lot R-57, Filing 8, Starwood Subdivision.
Hefner, Robert A., III: requesting a 23 foot front yard setback
variance, where 100 feet is required in the RS-20 zone district,
for the construction of a single-family residence. Property
Location: Tract R-8-B, Starwood Subdivision, aka 452 Trentaz
Drive.
Lucero, Mariano (Buddy): requesting a 60 foot front yard setback
variance, a 45 foot north side yard setback variance and a 45
foot south side yard setback variance, where 100 feet, 50 feet
000019
and 50 feet, respectively, are required, in the RS-30 zone
district, for construction of a single-family residence.
Property Location: Tract 23, Gesberg Property, Section 21,
Township 9 South, Range 88 West.
Lorton, Tracy A.: requesting a 34.5 foot west side yard setback
variance, where 50 foot is required in the RS-30 zone district,
for construction of a single-family residence. Property
Location: Above Wildridge II & Sinclair Road, Snowmass Village.
Coates, Jeff: requesting a 100 foot front yard setback variance,
where 100 feet is required in the RS-30 zone district, for
construction of a fence. Property Location: 2567 Snowmass Creek
Road, Section 2 and 3, Township 9 South, Range 86 West.
Submitted to the Aspen Times on August 28, 1990.
To Be Published in the Aspen Times on August 30, 1990.
County PO # 47987
OQQULV
Minutes
Pitkin County
Board of Adjustment
September 11, 1990
Members Present:
Members Absent•
Evan Gull, Acting Chairman John Ostwald
Rick Neiley Ted Guy
Kandi Shaffran and Stan Mathis
Buddy Lucero and Joanna Schaffner, of the Pitkin County Zoning
Office, were present with staff recommendations and comments.
Gull, as acting chairman, opened the meeting at 5:20 p.m. and
introduced the Board to those present. Gull stated that there
were only four members present, and to have a variance granted,
you need four affirmative votes. If anyone wants to be tabled
until the next meeting when more members may be present, they can
do so.
Rudolph Netzer was present to request a clarification on
Resolution 88-31 which should be corrected to reflect the
granting of a 15 foot north side yard setback variance to the
center of the abandoned drainage ditch on the west side of the
lot, for construction of a single-family residence.
Schaffner and Netzer stated that what was stated on Resolution
88-31 was different than what was approved at the July 5, 1988
meeting (according to the tape of that meeting), and Resolution
90-42 would be correcting this error. Resolution 88-31 indicated
that approval be granted for the "building envelope as submitted
allowing the building no closer than 50 feet of the eastern
property line and no closer than 35 feet of the southern property
line and no closer than 35 feet of the center of the abandoned
drainage ditch on the western side of the lot." What was
actually approved was a 50 foot front yard setback, a 35 foot
north side yard setback and a 35 foot south side yard setback to
the center of the abandoned drainage ditch.
Guy made a motion to adopt Resolution 90-42 granting the 15 foot
north side yard setback variance as originally granted on July 5,
1988. Ostwald seconded the motion and all were in favor.
1
000 ~~
Marty Pickett, Attorney, and Larry Yaw, Architect, for Lorton,
were present to request a 34.5 foot west side yard setback
variance, where 50 feet is required, for construction of a
single-family residence.
Pickett stated that they were before the Board previously (August
2, Case No. 90-31) and were denied their request for a 35 foot
rear yard setback variance and a 25 foot south side yard setback
variance. Yaw has redesigned the proposed house and has shifted
the proposed location of the house back to satisfy Wagman, the
neighbor, preserve the conditions placed on them by the Planning
& zoning Commission and still preserve the trees located on the
property.
Yaw mentioned that they have 7,000 square feet of buildable land
on a 35-acre parcel because of restrictions placed on the lot
during the 1041 Review process.
Gull asked for public comments; there were none.
Neiley stated that he does not particularly like where the
proposed location of the house is, but he has talked with Rick
Knezevich, attorney for Wagman (neighbor to the Lorton's
property), and Wagman does not oppose this request. Neiley also
commented that he would support it because the applicant has made
an effort to reduce the height of the building, whereas if they
were pushed back into the legal building envelope, a two-story
house would probably be built, and would have a more negative
impact.
Neiley made a motion to grant a 34.5 foot west side yard setback
variance where 50 feet is required due to topographical hardships
and prior review by the Planning & Zoning Commission, as per the
plans submitted. Guy seconded the motion and all were in favor.
Case #90-34. Shaw, Jenifer, 1472 Snowmass Creek Road
Jenifer Shaw was present to request an i8 foot rear yard setback
variance, a 35 foot north side yard setback variance, and a 15
foot south side yard setback variance, where 50 feet is required
for all in the RS-30 zone district, for an addition to an
existing single-family residence.
Shaw submitted a certified survey of the property. Per the
survey, it was decided that a rear yard setback variance is not
needed.
Gull asked for any public comment. Joe Hawley, neighbor, was
present with a survey of his property and was concerned that the
proposed addition would affect his property. The proposed
addition will not affect his property. After a brief discussion,
o~oU~?
it was decided that what Shaw was requesting would comply with
the required setbacks that pertain to her size lot.
Guy made a motion to grant a 30 foot front yard setback variance,
a 40 foot north side yard setback variance, and a 20 foot south
side yard setback variance, due to downzoning and nonconforming
lot size, subject to renotification, as per the plans submitted.
Ostwald seconded the motion and all were in favor.
Case #90-35. Ferguson, Lawton, Section 34, Township 8 South.
Range 86 West, Tracts 81 and 82. 232 Pickett Pin Lane
Martha and Lawton Ferguson were present to request a 71 foot
front yard setback variance and 10 foot west side yard setback
variance, where 100 feet and 50 feet, respectively, are required
in the RS-30 zone district, for an addition to a single-family
residence and for construction of a proposed attached garage.
This request would enable easier access to the garage and would
eliminate the necessity to use a neighbor's drive. Ferguson
submitted photographs of various angles of the location of the
house and where the proposed additions would be located.
Ferguson further explained the necessity for the requested
variances. Ferguson also submitted letters of two neighbors
approving the requested variances. Gull read the letters into
the record. Lawton Ferguson stated that he could change the
location of the garage, but this would entail cutting in a new
road which would scar the hillside.
Gull asked if there was any public comment; there was none.
Neiley commented that he had trouble with this because of the
variances requested on September 24, 1984 and September 29, 1987.
Further discussion on these two meetings further clarified that
what is being requested at this time is not the same that was
requested in the two previous meetings.
Guy made a motion to grant a 70 foot front yard setback variance
and a 1o foot west side yard setback variance due to a noncon-
forming lot size, as per the submitted plans. The change in
request from the front yard setback variance requested and what
is granted is to conform to the setbacks in the zone district
that relate to the size of this specific lot. Neiley seconded
the motion and all were in favor.
Case.#90-36. Cheever. Eddie. Lot R-57. Filina 8. Starwood Subdiv.
Lenny Oates, Attorney, and Jack Miller, Architect, were present
representing Eddie Cheever, requesting a 65 foot front yard
setback variance where 100 feet is required in the AF-1 zone
district, for construction of an addition to a single-family
residence. Oates submitted a letter from the owner authorizing
them to proceed with Cheever's application for variance.
3
oU~~n
Oates gave some history on the lot stating that it was downzoned
in the 70's. Oates is asking for a variance to add an addition
on the southwest side and a second story on an existing garage.
The roof line would be lower than the original house.
There were no comments from the public. Ellie Brickham, member
of the Starwood Homeowners Association, stated that the
Association had no problem with this addition on condition that
it was approved by-the Board of Adjustment.
Neiley moved to grant a 68.5 foot front yard setback variance for
the addition to the garage, and a variance for the front yard
setback to permit the front entryway to protrude 4 feet from the
front of the existing structure, as shown on the plans, due to
downzoning and pending renotification. Renotification is
necessary because the setback requested did not include proposed
overhangs. Guy seconded the motion and all were in favor.
Tom Todd, Attorney, and Ellie Brickham, Architect, were present
representing Robert Hefner, requesting a 23 foot front yard
setback variance, where 100 feet is required, in the RS-20 zone
district, for construction of an addition to a single-family
residence.
Todd gave a short history of this subdivision, similar to the
case above. The location of this house is hidden from all
adjacent neighbors and is tucked down on a ridge.
Gull asked if there were any comments from the public and there
were none.
Guy made a motion to grant a 23 foot front yard setback variance,
where 100 feet is required, due to downzoning. Ostwald seconded
the motion and all were in favor.
Mariano "Buddy" Lucero was present requesting a 60 foot front
yard setback variance, a 45 foot north side yard setback variance
and a 45 foot south side yard setback variance, where 100 feet,
50 feet and 50 feet is required in the RS-30 zone district, for
construction of a single-family residence.
Lucero gave some history to the property. Lucero stated that the
past owner contacted the adjacent property owners to see if they
wanted to purchase tHis small parcel of land. This parcel is
less than .125 acres. The property is very small and Lucero
wants to build a 750 square foot single-family residence.
Lee Copeland, neighbor, was present to state her concerns about
the closeness of this proposed house to the property lines.
4
U
000024
Copeland also stated that the tax records of this lot indicate
that this is not a building site and she thinks that the lot is
just too small to build upon.
The zone district that would be closest to this size lot would be
R-6 and requires a 30 foot front yard setback, a 5 foot side yard
setback, and a 10 foot rear yard setback; therefore, the
variances requested on this size lot are not unreasonable.
Ostwald made a motion to grant a 60 foot front yard setback
variance, a 45 foot north side yard setback variance and a 45
foot south side yard setback variance due to nonconforming lot
size, per the plans submitted. Neiley seconded the motion and
all were in favor.
Jeff Coates was present requesting a 100 foot front yard setbacN
variance, where 100 feet is required in the RS-30 zone district,
for construction of an 8 foot high fence.
Coates submitted a letter that he had drafted for all his
neighbors, which they all signed, approving his request. Coates
stated that this request is to conform with a Division of
Wildlife requirement for an 8 foot fence to contain exotic
animals, or to keep wildlife away from exotic animals. The
exotic animals refer to the reindeer that Coates owns.
The fence will be a wire mesh fence, which you can see through.
Fences are permitted in the setback if they do not exceed 6 feet,
but because the Division of Wildlife has requested an 8 foot
fence, a variance is required.
Gull asked if there was any public comment and there were none.
Guy made a motion to grant a 95 foot front yard setback variance
where 100 feet is required to comply with Division of Wildlife
regulations. Neiley seconded the motion and all were in favor.
*********************************************************,t*******
The minutes of the August 2 meeting were approved with the
corrections as noted. The next meeting is October 2 and will be
in City Council Chambers, City Hall.
The meeting was adjourned at 7:40 p.m.
Re~ectfully Subm'tted,
Cindy Christensen, Secretary
Evan Gull, Acting Chairperson
5
~~~U~ 1
*ASPEN/PITKIN PLANNING OFFI~
130 South Galena Street
Aspen, Colorado 81617
(303) 920.5090
LAND USE APPLICATION FEES
Clty
00113 -63250134 GMP/CONCEPTUAL
-63270-136 GMP/FINAL
-63280-137 SU B/CONCEPTUAL _
-63300139 SUB/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 X3160-126 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 -63360143 ENGINEERING
PLANNING OFFICE SALES
00113 -63080-122 CITY/COUNTY CODE _
-63090-123 COMP PLAN
-63140-124 COPY FEES
-69000-145 OTHER
SUBTOTAL ~-
/-1 ~ TOTAL J •..,
Name: !r'~-vJ Phone: 7 . t ~ ;
Address: f ~- ~ --I Ttt. ~- Project: /') .~
r //. I
Check # _ ~ ~ ~/ -~~ // ,,
- T Date: ~1 ' ~ ~
Additional billing: fl~_`~_II,~F.` #of Hours:
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