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Home My WebLink Aboutpitkin.boa.90.38r, '!. ~ ti, PITKIN COUNTY BOARD OF ADJUSTMENT DATE ,~J ~jT 1 1 .K O APPLICANT ~~~1~HO `I 'BI)DQ~~ ~~~lt=(Z~ MAILING ADDRESS CASE # I'~ tl PHONE Id1 },~_~ T~ - O S o OWNER ~(~~-~'4 1tJ J • L~ LG~' `'Q PHONE ~ C( 717 ~y~i,1G NdAILING ADDRESS 5A w~..~ LOCATION OF PROPERTY IFS%TU~.'~ C..I~IRRONJ~ ~i ~C~_NC T~a~-~a3 . G,eS~~~ P,u,~, SFr N W~ t~3 Any pertinent data must accompany this application, and will be made part of this Case.. The Board may return this application if it does not contain all the facts. in question. Applicant Signature I~ ~ • ~ ~ ~ ~ !. ~_ (To be completed by the Zoning Department) 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: -'`~ Zone District Requesting: .12 art Lot Size ~~~ ' Front Yard Setback Variance, where ~~%~%' is required. ~^' Rear Yard Setback Variance, where ' is required. ' /1~~ Side Yard Setback Variance, where SL" is required. ~~ ' ~ Side Yard Setback Variance, where SG ' is required. ' Height Variance, where is required. Square Feet where a maximum of sq. ft. is allowed. Other: Hardship 7 i~ Zoning Official ~ ~ -~ /~ ~ Application filed '~s 1U Date ' ~~~ /~~ / l~'> Notices maile~dl~LC!'~y-y`~ Parcel ID # ~~ ~ ~- „~ ~~' O ~ -Ou~ Secretary ~ `~ Z ~~ ~ - zt 3~6 f-oo~ . 000001 0~ ZZ- 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: September 11, 1990 at 5:15 pm Mariano "Buddy" Lucero P.O. Box 796 Aspen, CO 81612 Property Location or Description: Tract 23, Gesberg Property Sec. 21, Township 9 South Range 88 West Requesting approval for 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, respectively, are required in the RS-30 zone district, for construction of a single-family residence. Approval of this request would locate the proposed house 40 feet from Lucero's front yard property line, 5 feet from Lucero's north side yard property line and 5 feet from Lucero's south side yard property line. Duration of Variance: Temporary Permanent• X THIN G,O~~O~D O/ F ADJUSTMENT Cin L./ Christensen, Secretary 000002 August 14,1990 Pitkin County Board of Adjustment 130 South Galena Aspen, Colorado 81611 Re: Setback Variance for a single-family structure Sirs: A setback variance is requested for construction a single-family structure (24' x 32') on Tract 23 of the Gesberg property. The property was legally created and was under the same ownership since 1954. There was no zone on the property in 1954. Because of the shape, size and zone of this lot, a request of a 45'-side yard and 60'-front yard setback is requested. The subject property is zoned RS-30 PUD, and legally described as Tract 23 of the Gesberg Property, Section 21, Township 9 South, Range 88 West of the 6th Principal Meridian, Pitkin County, Colorado. Tract 23 is border to the North by an existing single-family residence, to the East is the White River National Forest, to the South is a existing Single-family residence, and to the West is State Highway 133. The Gesberg Property consist of forty Tract that are fully developed with approximately ten existing single-family residence. Holy Cross Electric and Mountain Bell Telephone services is available to the site. Both these utilities are located on the southwest boundary of Tract 23. The immediate neighbors have water wells in which they have had no problems receiving water. Discussions with the Pitkin County Environmental Health Department (EHD) indicate no extraordinary circumstances or problems associated with the development of a septic system or well in the immediate neighborhood. A water well and septic system will be developed for this site under the EHD guidelines and permit. ACCESS The subject site has direct access to State Highway 133. There is a 45' ROW between the paved highway'133 and the property line. In meeting with Tom Newland, County Engineer, he states that a driveway from the building envelope leading to the highway will not have any visibility problems. He also stated that a access permit to the Highway will be required without much difficulty. 000003 1041 HAZARD Geologic Hazard - Tract 23 is not mapped for any Geologic Hazard. This site is flat/level site as shown in the attached photos. Floodplain Hazard - Tract 23 is not mapped for any Floodplain Hazard. This site is separated from the Crystal River by the White River National Forest property which does have some riparian vegetation. This vegetation will be maintained. Wildfire Hazard - Tract 23 is not mapped for any Wildfire Hazard. There are a few trees with a majority of the site covered with shrubs and grassland. Wildlife - Tract 23 is mapped for elk winter range. In a letter from Kevin Wright of the Division of Wildlife, he states that there is elk winter range adjacent to the Gesberg Property. He also states that impacts to wildlife will be minimal. He recommends the following conditions: 1) All dogs be kenneled.; 2) Maintain riparian vegetation. These conditions have be noted on the 1041 plat. It is the applicants intent to constructed a small single-family residence on the property. BOA approval will provide the applicant the opportunity to build a residence in pitkin County. Sincerely, Mariano "Buddy" ucero 000004 ADJACENT PROPERTY OWNERS TO THE NORTH: MICHAEL AND DEBBY SUTHERLAND 26 MAROON DRIVE CARBONDALE, COLORADO 81623 PROPERTY ADDRESS 11408 HIGHWAY 133 TO THE EAST: WHITE RIVER NATIONAL FOREST P.O.BOX 948 GLENWOOD SPRING, COLORADO 81602 TO THE SOUTH: LEE BOYD COPELAND r P.O.BOX B99^ ~)~}-5 (O ~{1~ l )?j~ CARBONDALE, COLORADO 81623 TO THE WEST: COLORADO STATE HIGHWAY NO. 133 COLORADO HIGHWAY DEPARTMENT 4201 EAST ARKANSAS AVENUE ' DENVER, COLORADO 80222 EXHIBIT "A" LEGAL DESCRIPTION - TRACT #23, GESBERG PROPERTY A tract of land situated in the South One-Half of the Northwest Quarter, and the Northwest Quarter of the Southwest Quarter of Section 21, Township 9 South, Range 88 West of the 6th Principal Meridian and more fully described as follows: Beginning at the point of intersection of the South line of the Southeast Quarter of the Northwest Quarter of said Section 21 and Westerly bank of the Crystal River whence the Southwest corner of said Southeast Quarter of the Northwest Quarter, Section 21 bears West 36 feet; thence West 36 feet to the Southwest corner of said Southeast Quarter of the Northwest Quarter, Section 21; thence South 2.9 feet; thence West 156.7 feet to the Easterly line of the County road; thence North 170 10' East 31.14 feet along the easterly line of County road; thence East 183 feet to Westerly bank of Crystal River; thence Southerly along the Westerly bank of Crystal River to the point of beginning. Containing 0.125 of an acre, more or less. SECTION 27. TOWNSIiIP 9 SOUTH, RANGE &8 WEST. 6TH P. M.. PITKIN COUNT Y. COLORADO ~R.~~ .,> eou..o.ar a mo.ER.. l------------- i ~~ .R.~. .,, ji `_ ~____ IR.C~ .3a ~l v.ra lE RrV ER ~..1~0.'.L iORESI OODUUfi I [lvvRw wE VKV6 ._ op(w Wlli K• wv WiM1l1 ~1 aM b W I~r• wwn •M 1. 111p ~ ~ , ~ . •r~w]wl• IN Df[ 11 f.~ n r ROJOINING 2649-20 WHITE RIVER NA 710NA ~ FOREST coil i[ rt,vl~r i 51T~ W Q 00 IJO O I n / M W 2. ,, `¢ Z ~ O_ ~ 2.] •C \ \ ]ai00 IIF]20 11 ~>b O ~ >, \ti~ t h~ r S ~ G 2 v° 4 'R o e t a., ~ 1 4P+ / S ~~ SP`s Z / tP+ moo ~ vo oa z ~ oos ~ /GESBERG PROPERTY ~I fi 00 /~ P QO APP t / ' J /~ C '.•: HITS RI\'ER 00 COVxtV INOEF r I i _~ \ 5~ •` 24 I9 i wO~aRE MESn ' __ r B~M' ~E'r . .` I { ) ~ Gulch ~~ " / ~ S - '~'~.... O: ~. ~- ~\YJI p '.. r ~ I min M ~ ', v ' _ c ~i k ~4 ~, Yf;~ ^B Qr: .. ': ?g j~ 27 ' _ l ~ J' z .. n~ 36 /I~IIII 31 y~32 3' ~ 34 Potato Biil / J' ~ y t ( Y 1 a° ~ ~ryce` dT: 33 ~ ` ~ ~ NATIOfJA FOREST BDRY. -+ ~~ ' 6 3 ''•`~l ~2. I 5 4.: , .. B1.M. s.r .?`--'1) _ •' i r' ' r' Netile re -- ;,,, _ :~ 7 -' 8 9„1 ~ 10' II _ .~: ' , ~ vim. ~ l"e 7 _ .?~ ~ , ~_ x o ~ ~~~~ o '~7 IB ~ 17 - ~ 16 v 15 14 .jf~ - ~1 _. :_,,.: .. 13" ~. ~ - ~ _ -~ s° Pepe hl• ofn ~ree ~ ..~ f ~ 19 00 21 ~.~:` ~ `~22 P3 24 18 `.~ ,,. I... ~ ` I .. I ~ ,CEyQyMT _ I ~ ~.j.,,~1---- Avalanche' ek Bndge ` ~ g 30 29 ~~ ,Donewa~ Campground 26 _ 25 _ ' ' ~ ' .'28;. 27 i =: - _ .. _ _ w-~. _ ~- v O ~~~ 0...~~,~ t Bulldog ' ,~,Cree k, ~~~~ P ~I ' 32 ~ 33 ., ,,, q` • 34 , ~ 35 ~ 36 . , 30 r ~~ 6 *.~ 5 ,.a _ y.~ 4 3. ~ 2 I 31~~ I _. d1. t ., ~`u Osgood. Compground C+PP~ ' ~ C c~ , - 6 U s : 1. _ t7 f ' •. ,. „ . Hell ~ Po ~ ~ Redstone Campground' _ ~ ~ '-I(- ~ ~ - - - i 3 RD Ci 16 E. 17 16'; r", 15 14 ,i 13 ::. IS Cool Creekrj -. .., ~~° - O ~;c ._ _. ---" ~ 5A „... 24_, Z 19 20 _.. 21 F 7.2 19 w -- : --- -- -- 23 - . 00000 000009 ;PEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303)920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL 00125 00123 00115 County 00113 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 REFERRAL FEES -63340-205 -63340-190 -63340-163 -63160-126 -63170-127 -63180-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63450-146 ~--, REFERRAL FEES: 00125 -63340-205 00123 -63340-190 00113 -63360-143 PLANNING OFFICE SALES 00113 -63080-122 -63090-123 -63140-124 -69000-145 GMP/FINAL SUB/CONCEPTUAL SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL GMP/GENERAL GMP/DETAILED GMP/FINAL SUB/GENERAL SUB/DETAILED SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT ENVIRONMENTAL HEALTH HOUSING ENGINEERING CITY/COUNTY CODE COMP PLAN COPY FEES OTHER i~~ 1 Name i ~ i~' ~ -u /~' plc i Address: '~ ~' ~ ~ ~L~' Check # Addltionai billing: t_ I \ I SUBTOTAL ~-'=~ ~o TOTAL ~~~ `~ ~' "J % ~'' Phone: ~ ~_ / -~ -~ ' Project: Jam- ~ "~ ~~~'~ ~~ ../ II l !`7.1 Date: ^ -- ) .;~ - ~ ~~ # of Hours: ,~ . 4 County of Pitkin State of Colorado } AFFIDAVIT OF NOTICE BY } ss. POSTING OF A VARIANCE HEARING } BEFORE THS PITRIN CODNTY BOARD OF ADJIISTMENT The undersigned, being first duly sworn, deposes and says as follows: I, T/1~(X)V~ (~ ~~ 1(f/_~~,V , 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 postyed and visible continuously from the day of t~3 ~~~, 19,~, to the ~_ day of ~, ~~ ~ 19~ (Must be posted for at least nine (9) full days before the hearing date). !%~ can 's Signature Subscrib d and sworn to before me this ~ d of , 19~, by .. WITNESS MY HAND AND OFFICIAL SEAL. Notary Publicr'"s' Signature ~YG ~` LLCw// . ~ Address g/~~ ~-~~--9 y ~ir~ ODUUiO 6857 14/03/90 15:13 Rec ~~ Bk'. 631 PG 153 Silvia Davis, Pitkin Cnty Clerk:, Doc ~.0~~ OLUTION OF THE PITKIN COIINTY, COLORADO BOARD OF ADJUSTMENT GRANTING SETBACIC RELIEF FOR MARIANO LIICERO RESOLUTION NO. 90-38 WHEREAS, Mariano Lucero, owner of a tract of land situated at Tract 23, Gesberg Property, Section 21, Township 9 South, Range 88 West, requests 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, respectively are required in the RS-30 zone district, for the construction of 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. The required hardship or practical difficulty has been established. 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 60 foot front yard setback variance, a 45 foot north side yard setback variance, and a 45 foot south side yard setback variance be granted to allow for construction of a single-family residence, as shown on the plans submitted (Exhibit "B"), due to nonconforming lot size. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. 000011 #32/ 'r IG/G3/9G 1:13 Fec ~.GG 631 FG 134 Silva Davis, Fitkin Cnty Cler4:, Doc $.GG Resolution No. 90-.8 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: u ~~ Cin L. Christensen, Secretary ~°~~/~~ Evan Gull, Acting Chairman 000012 # BSi 10/03/90 15:13 Rec ~ Bf.: 631 FG 155 is Davis, Fit4:in Cnty C1~, Doc x.00 EXHIBIT "A" Q LEGAL DESCRIPTION - TRACT $23, GESBERG PROPERTY A tract of land situated in the South One-Half of the Northwest Quarter, and the Northwest Quarter of the Southwest Quarter of Section 21, Township 9 South, Range 88 West of the 6th Principal Meridian and more fully described as follows: Beginning at the point of intersection of the South line of the Southeast Quarter of the Northwest Quarter of said Section 21 and Westerly bank of the Crystal River whence the Southwest corner of said Southeast Quarter of the Northwest Quarter, Section 21 bears West 36 feet; thence West 36 feet to the Southwest corner of said Southeast Quarter of the Northwest Quarter, Section 21; thence South 2.9 feet; thence West 156.7 feet to the Easterly line of the County road; thence North 17° 10' East 31.14 feet along the easterly line of County road; thence East .183 feet to Westerly bank of Crystal River; thence Southerly along the westerly bank of Crystal River to the point of beginning. Containing 0.125 of an acre, more•or less. SECTION 21. 7OWNSIiIP 9 SOUTH. RANGE &8 WEST. 6TH P. M.. PITKIN COUNTY. COLORADO . ~ ~/ %i ~___ rw.u .]> waw.w.wi of awo.Ewrr III . _.__ __-___ M ~_~--~__~•o-- • -~ 14.C• .]a .m~]E w~vEw ww i~OV .E rpwCS• 0~~~~J aMo W EXHIBIT "B" ~W V Z Tw i N U _' Q ~ // VJ ~ Z O r • w r N Z \•~•''~ i-- W ~ OUOOlt3 N •-.. ,. _. ~ T i , 1 I W P! O M J ~ x ~N w w ~ ~ Q I Z O _J 7 m ~ ~ } w a a LL 0 } Q Z 0 m I 5 t ~ I- ~ -Q ~ m ~ -s X N y ~ I W U % Il ~ < S i t ~, i .b~ .~ ~ 3 .oR ^~t N •# r~ W Y v cn d -a m .- W ~ an V 4~J N' ~^~ r y F+ cn C7 W R 7.7 `C N n n ~~ m ~ .~ o~ n p. ~~ ~~ e c, N '~•~ ~•, M ~~ 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 Stanwood Drive, Lot R-57, Filing 8, Stanwood 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, Stanwood 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 fl~~~~ 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 OOUO16 Minutes Pitkin County Board of Adjustment September 11, 1990 Members Present: Evan Gull, Acting Chairman John Ostwald Rick Neiley Ted Guy Members Absent: 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 drainaae 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 0®0~~ a ~A 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 NU-S4 Al1QW UC1111G1 i=.~. .+ Jenifer Shaw was present to request 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 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, 2 ~Q~V10 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. 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 l0 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. 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 ~~~1~~.~ 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 xhe 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 l00 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 fron 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. Ci' 4 ~Q~V~O 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. Case #90-41. Coates. Jeff Section 2 & 3 Townshiti 9 South Ranae Jeff Coates was present variance, where 100 feet for construction of an 8 requesting a 100 foot front yard setback is required in the RS-30 zone district, 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 exceefl 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**********,t***,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, /a/a /9D Cindy Christensen, Secretary Evan Gull, Acting Chairperson 5 ~o~U~t -~-- ~PENIPITKIN PLANNING OFFIC 1ASP nu Cobrlado 816111 (303)920.5090 LAND USE APPLICATION FEES C1ty X250134 GMPICONCEPTUAL 00113 -63270-136 GMPIFINAL -63280-137 SU B/CONCEPTUAL -63300139 SUBIFINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 CONSENT AGENDAAT MNS I REFERRAL FEES: -63340 205 ENVIRONMENTAL HEALTH 00125 HOUSING 00123 -63340190 ENGINEERING -63340.163 SUBTOTAL 00115 County .83160-126 GMPIGENERAL GMPIDETAILED 00113 .63170127 GMPIFINAL -63160126 SU BIGENERAL -63190129 SU B/DETAILED -63200130 -63210-131 SUBIFINAL ALL 2-STEP APPLICATIONS -83220 132 -63230 133 ALL 1-STEP APPLICATIONSI CONSENT AGENDA ITEMS __ _ _ `~ - BOARD OF ADJUSTMENT -63450-146 - ~_. _--'~ REFERRAL FEES: ENVIRONMENTAL HEALTH 00125 X3340-205 -(''3340-190 HOUSING ENGINEERING 00123 -63360-143 00113 PLANNING OFFICE SALES CITY/COUNTY CODE 00113 -63080-122 COMP. PLAN .83090-123 ,C F4 -63140-124 I1~ L ~ ~g000.145 vnSSPPii SUBTOTAL TOTAL .M ~ I u ',P1sc~ Name: ,~ J ~ ~ ~( Address: Check N ~-._' - i Ad~ponal billing: -~ Phone: ~ ~~ ~~ ~ - ~ : ~.1 _. Projeccy~- ~ _ Date. iii/ . Scanned 3/19/08 File Finders Box #15 LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER