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Home My WebLink Aboutpitkin.boa.90.52 PITKIN COIINTY BOARD OF ADJIISTMENT DATE ~ L n t,P~ I S ~~~ ~ ~/ CASE # ~ ~~ ` ~~ APPLICANT C ~ '~ ~ /~ ~'''~' PHONE J 2U- S ~' ~ L MAILING ADDRESS/ % 3Ci .Say. ~~, G~-~ ~r.^" OWNER ~ . t '. D ~ ~s~? f v ~ PHONE ~~ ~' -S f~ ~ Z MAILING ADDRESS ~ 3 D S acA'` L1 ,~ ti~~~~~r ~ ~~ LOCATION OF PROPERTY h o G c: { , 6 G ~'~ l'~u ~ o ~ .~ L vr~ ~~ 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 (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: Lot Size ,~5 ' Front Yard Setback Variance, where 7~' 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: ~y ~ Iy'iU~cc ~ G~c~ 5~.~1oc.,ek yc~c'~cx-f~c Hardship: Zoning Official- ~~f-.-~-~ / /t~~a-~~ Application filed /D / 7- `~U DateG~/f~ ~ ~ ~fL~ ~ ~ ~ Notices mailed //!J o?3 `~ ~1 ~ ~, Parcel ID # 7 S~ Secretary ACC -i~~~c2~t~ p/ I ooooel ~ 18 NOTICE OF PUBLIC BEARING 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 City Council Chambers, City Hall, First Floor, 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. 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: November 6, 1990 at 5:15 p.m. City Council Chambers, City Hall City of Aspen, Bill Efting 130 South Galena Aspen, CO 81611 Maroon Creek Road at Iselin Park James E. Moore Pool Requesting approval for a 55 foot front yard setback variance, where 75 feet is required in the AF-2 zone district, and a 64 foot major road setback variance, where 100 feet is required per the Pitkin County Land Use Code, for construction of a temporty cover for the James E. Moore Pool. Granting of this approval would place the proposed cover 20 feet from the pool's front yard property line and 36 feet from the major road. Duration of Variance: Temporary X Permanent THE PITKIN COUNTY BOARD OF ADJUSTMENT ~' (/`J' J Cindy L Christensen, Secretary D~~~~A • To: Pitkin County Board of Adjustment From: Bill Efting, Director of Leisure Services Date: October 15, 1990 Re: Variance Request for the James E. Moore Pool r T3~e City of Aspen respectfully requests that the Pitkin County '2oard of Adjustment grant a setback variance on the temporary rover to be erected at the James E. Moore Pool to provide the residents of Pitkin County year round use of the pool. We beleive the following examples qualify us for consideration of the setback variance: 1. As you can observe, the unique shape of the lot creates all kinds of problems to qualify for setback standards. 2. The temporary cover will basically cover the existing pool already at the site with the exception of 9 feet on each side. 3. The height of the new structure is less that 28 feet high. We have met and been approved 'ay the BOCC and the City and <:ounty P and Z Boards. We have agreed to have yearly reviews after each winter to evaluate the pool cover. F beleive that this is only a temporary structure for up to five years and if we can generate the year-round usage, a new pool will need to be constructed. Thank-you for your consideratian. 0000~?~ ADJACENT PROPERTY OWNERS: Thomas J. Williams P.O. Box 8289 Aspen, CO 81612 James E. Moore P.O. Box 707 Aspen, CO 81612 Arthur Pfister P.O. Box EE Aspen, CO 81612 Deborah Bradford Box 4856 Aspen, CO 81612 Helen Sandler P.O. Box 10277 Aspen, CO 81612 oouuo A EN/PITKIN PLANNING OFFICE 130 South Galena Street I Aspen, Colorado 81611 I (303)920-5090 LAND USE APPLICATION FEES City 00113. -63250-134 GMP/CONCEPTUAL '~~ -63270-136 GMP/FINAL ' -63260-137 SUB/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 i 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING i SUBTOTAL I County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED I -63180-128 GMP/FINAL k -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1STEP APPLICATIONS/ r CONSENTAGENDA ITEMS r -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 I -69000-145 OTHER SUBTOTAL -~- ~,~ TOTAL _ ~ g ~~ Name: r~ ,~~ w ~i~_ Phone: l ./I - Address: ~ ~ ~7. Project ~,g 1~- , i~ ' ~ 't ~--~ - /` ~ L~ r/l O r.7 Z T'- Check# /.~~~>/. / Date: /D/~7~in i / ~ Additional billing: #ofNours:_ ®~~~J County of Pitkin } AFFIDAVIT OF NOTICE BY } ss. POSTING OF A VARIANCE HEARING State of Colorado } BEFORE THE PITRIN COUNTY BOARD OF ADJUSTMENT The undersigned, being first duly -sworn, follows: ~~ 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 th~ said sign was posted and visible continuously from the ~ day of _ ~L'{a ~~"~. 19~, to the o '~ day of _ /LovY~ ~-~~' C..i°~'~-s~~ ~ ~ lg 9C~, (Must be posted hearing date). deposes and says as for at least n' ) full days before the Applicant's Signature Subscribed and sw to before me this.s~ day f 19~, by ~ --- -- WITNESS MY HAND AND OFFICIAL SFA?.~. My Commission expires:~~ /~S3 otary Public's Signatur X33 ~ ~ Address ®~0~~~ i .. OFOg - OZ08 _.... _.. IA ,_ ' ~~. ~ ' i i C ~ I ' I I ~ i I I I p I I I I I I ,. ;: ,; x V m I N~ i x~ I -~~~ x ,.n_ ,,, +-t ® ~ / 1 •N•N 40 I N .S m ~ ~'Fh A ~ ~ ~ ' ~ ~ lob tiui~~ed l / ~ . ~ X I ~~ \ \ 1 \~ I \ i i , ~ ~ ~, p~p9 ... I~ \ .~ ~ o ` 4, ea d~ ~ ~~,a _ 432H33 /06/90 13:36 Rec x.00 BK~ PG 442 Silvia vis, Pitkin Cnty Clerk, D x.00 RESOLUTION OF THE PITKIN COIINTY, CO7,ORADO BOARD OF ~DJQSTMENT GRANTING SETBACK RELIEF FOR THE CITY OF-ASPEN NO. 90-52 WHEREAS, the City of Aspen, owner of a tract of land situated at Maroon Creek Road at Iselin Park, requests a 55 foot front yard setback variance, where 75 feet is required, and a 64 foot major roar setback variance, where 100 feet is required per the Pitkin County Land Use Code, in the AF-2 zone district, for the construction of a temporary structure to cover the James E. Moore Pool; 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 55 foot front yard setback variance and a 64 foot major road setback variance be granted to allow for construction of a temporary structure to cover the James E. Moore Pool, 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. ®U~~~ #328537 1? `6/90 13:36 Rec ~.4q BK 635 FG 443 Silvia Day .., Pitkin Cnty Clerk., Doc ?4 _ Resolution No. 90-~ Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: November 6, 1990 ATTEST: ~~ ` ~ Ci~y L. Christensen, Secretary The Board of Adjustment of Pitkin County, Colorado Evan Gull, Acting Chairman OOOOnO ~ #328.°.13.2/06/90 13:36 Fec $. 00 B7~5 F6 444 Silvia Davis, Pit6:in Cnty Clerk, Doc x.40 EXHIBIT °A" City of Aspen James E. Moore Pool, located on Maroon Creek Road at Iselin Park 4~0~1® #328537 12/06/94 13:36 Ftec ~. ilia D~~. 63S F'6 445 Silvia T is, Pitkin Cnty Clerk, Do~ '6.00 `~ EXHIBIT "B" ^` u+ =1 ,t Apo "~ OoQ~ ~ ~~ _ _ ~ ~ -~ .-- ~ x8014.6 ~\ ,,--~ 1 ~ ~ x 8017.2 / ~ ~ / I I/ 11 ~~ \75 I 1 it J 1 ', % lJ v gp~ Pool II I I I -'" ~ I I '' - * II 1'1 ` 8038.39 3 Pool \\~. 1 1 I 1 11 ,602p I I /i I ~ ~~ ~ ~ _ 8030 ! ~ ~ \ ~ ~ .O / I/ //// ~ ~ (\I 1 `~'~ I I ~ x 1 ~ 1 I I 8045.21 ,~; ~ ~, ~~~ - , \gp40 ~~y~ i t BASEBALL I ~ QO FIELD I . ~ Q I / I I II / II II ' I II x8034.9 I I I I I g050 I I <~, II ~ r.. I I i x8034.3 j O ___ ~' ~~~/~~/ \ ~~~ NOTICE OF PUBLIC HEARING BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING VARIANCE DESCRIBED BELOW: Pursuant to Pitkin County Zoning Resolution of June 5, 1955, as amended, a Public Hearing will be held in the District Courtroom, Pitkin County Court House, Aspen, Colorado, (or at such other place as the meeting may then be adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the County zoning Resolution. All persons affected by the proposed variance are invited to appear and state their views, protests, or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. DATE AND TIME OF MEETING: November 6, 1990 at 5:15 p.m. City Council Chambers, City Hall Gardner, Tom: requesting a 56 foot front yard setback variance, where 100 feet is required in the RS-30 zone district, for the construction of a proposed residential garage. Property Location: Lot 16, Shield-O-Terrace. Walker, John S.: requesting a 5 foot south side yard setback variance and a 2 foot height variance, where 30 feet and 12 feet, respectively, are required in the AF-1 zone district, for the construction of a ranch gate. Property Location: Lot A, Smuggler Grove. Wedam, Darrell & Mary: requesting a 65 foot front yard setback variance, where 100 feet is required, in the AF-1 zone district, for construction of a proposed single-family residence. Property Location: Lot F-3, Redstone Ranch Acres. Camel, Shirley: requesting an 90 foot front yard setback variance and a 20 foot rear yard setback variance, where 100 feet and 30 feet, respectively, are required in the AF-1 zone district, for construction of a proposed addition to a single- family residence. Property Location: Lot R, Little Texas Subdivision (102 North Little Texas Lane). Dolan, Robert: requesting a 50 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, for construction of a proposed addition to a single-family residence. Property Location: Lot 87, Starwood Subdivision. OOOOi City of Aspen: requesting a 55 foot front yard setback variance, where 75 feet is required in the AF-2 zone district, and a 64 foot major road setback variance, where 100 feet is required per the Pitkin County Land Use Code, for construction of a temporary cover over the James E. Moore Pool. Submitted to the Aspen Times on October 23, 1990. To Be Published in the Aspen Times on October 25, 1990. County PO # H7995L ~~DU~ S Minutes Pitkin County Board of Adjustment November 6, 1990 Members Present: Members Absent: Evan Gull, Acting Chairman John Ostwald Ted Guy Stan Mathis Kandi Shaffran Rick Neiley Joanna Schaffner, of the Pitkin County Zoning Office, was present with staff recommendations and comments. Gull opened the meeting at 5:20 p.m. and introduced the Board to those present. Gull stated that four members are needed for a quorum, and four yes votes are needed for approval. Since only four members were present at this meeting, a unanimous decision must be reached for approval to be granted. Therefore, applicants have the option to have their request tabled until the December 4, 1990 meeting when more members may be present, or to wait for Neiley, who was expected to arrive later in the meeting. Barbara Howell called the Planning and Zoning Office on Monday, November 5, 1990, and requested that their application be withdrawn. Case #90-48, Walker, John, Lot A, Smuaaler Grove Jeremy Bernstein was present representing John Walker, requesting a 5 foot south side yard setback variance where 30 feet is required in the AF-1 zone district, and a 4 foot height variance, where 12 feet is required for accessory structures per the Pitkin County Land Use Code, for the approval of an existing, illegal ranch gate. Gull abstained from this case because he is Walker's neighbor. Therefore, with only three Board members, voting could not take place as a quorum was not present. Bernstein requested, and the Board agreed, that testimony from Ed Van Walraven, of the Fire Department, be heard at this time and entered into the record. Van Walraven stated that for a fire truck to pass beneath a structure, the minimum height necessary for the structure is 13 feet 6 inches. An additional 6 inches of clearance is suggested to allow for packed snow on the road beneath the structure. 1 ~~U~i~ Guy made a motion to table this case until a quorum is present. Mathis seconded the motion and all were in favor. Case #90-47 Gardner. Thomas. Lot 16, Shield-O-Terrace Tom Gardner was present to request a 56 foot front yard setback variance where 100 feet is required in the RS-30 zone district, for construction of a detached, residential garage. Using a survey, Gardner showed the Board where the proposed garage would be located and the topography of the land. Lyn Hancock, neighbor, was present to state his objections to this request. Hancock's concern was that the garage would be too close to the road. Gardner and Hancock discussed alternative locations for the garage. Hancock feels that the garage should be pushed back further from the road's right of way. Hancock requested that a site visit be made and Gardner agreed. Guy suggested tabling this case until a site visit could be made. Guy made a motion to table this case to the site visit, scheduled for Wednesday, November 14, at 8:30 a.m. Mathis seconded the motion and all were in favor. Case #90-49 Wedam Darrell & Marv Lot F-3 Redstone Ranch Acres Darrell and Mary Wedam were present to request a 65 foot front yard setback variance where 100 feet is required in the AF-1 zone district, for construction of a single-family residence. Darrell Wedam went into further detail of what he intends to do. Mary Wedam stated that the subdivision covenants require a 30 foot front yard setback. Gull asked if there were any comments from the public. There were none. After a brief discussion, Guy made a motion to grant a 65 foot front yard setback variance as indicated on the plans submitted, for the construction of a single-family residence, due to topographical hardship. Ostwald seconded the motion and all were in favor. Case #90-50 Carnel Shirley 102 North Little Texas Lane Shirley Carnel and architect, Roger Kerr, were present to request a 90 foot front yard setback variance and a 20 foot rear yard setback variance, where 100 feet and 30 feet, respectively, are required in the AF-1 zone district, for construction of a proposed addition to a single-family residence. There was no one from the public present for comment. Kerr presented photographs of how the house looks presently. ~~~U? J After a brief discussion, Guy moved to grant a 90 foot front yard setback variance and a 20 foot rear yard setback variance as indicated on the plans submitted, due to nonconforming lot size. Ostwald seconded the motion and all were in favor. Randy Wedam was present representing Robert Dolan to request a 50 foot front yard setback variance where 100 feet is required in the AF-1 zone district, for construction of a proposed addition to a single-family residence. The house was built in 1974 when the subdivision required a 50 foot setback from Eppley Drive. Dolan wishes to continue with the same setback for the proposed addition. Wedam mentioned that Dolan has already received Stanwood Homeowners' Association approval for this addition. There was no one present from the public for comment. Ostwald moved to grant a 50 foot front yard setback variance as indicated on the plans submitted due to downzoning. Guy seconded the motion and all were in favor. Rod Tweet was present representing the City of Aspen to request a 55 foot front yard setback variance where 75 feet is required, and a 64 foot major road setback variance where 100 feet is required per the Pitkin County Land Use Code, for construction of a temporary structure to cover the James E. Moore Pool. Gull asked how the covered area would relate to the existing fence and pool. Tweet explained that the structure will be attached to the existing building, will be inside the existing fence, and will cover the pool only. Mathis moved to grant a 55 foot front yard setback variance and a 64 foot major road setback variance as on the plans submitted, due to downzoning. Guy seconded the motion and all were in favor. Case #90-48 was brought to the table again, but Neiley had not yet arrived. Bernstein requested that the case be tabled until the January meeting since he was scheduled for court during the December meeting, but informed the Board that he may need to table the case until the February meeting if a January conflict could not be resolved. The Board agreed to table the case until January 8, 1991. *******,t:t,t**********~***,t********************,t******************* 3 ®~~~ The minutes of the October 2 meeting were approved as written. It was also agreed by all Board members present that the January meeting be rescheduled from January 1, 1991 to January 8, 1991. The next meeting will be December 4, 1990, in City Council Chambers, City Hall. The meeting was adjourned at 6:30 p.m. Respec/t~fully Submit~[te~d, Cindy Christensen, Secretary Evan Gull, Acting Chairman- 000017 ~N/PITKIN PLANNING OFFICE . 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION F EES clty 00113 . -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/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/GEN ERAL _ F3200-130 SUB/DETAILED _ -63210131 SUB/FINAL _ -63220 132 ALL 2-STEP APPLICATIONS _ -63230-133 ALL 1-STEP APPLICATIONS/ _ CONSENT AGENDA ITEMS _ 6't/ -63450-146 BOARD OF ADJUSTMENT ~l ~~ 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 _ SUBTOTAL _ TOTAL 7_ ~_ Name: r~ ~ Phone: _ Address: ~ 4 6 `~ t E-z~ ~ Project: ~- cio.SZ _ Check#_(~ T7 ~~( / Date: _~%~~r['~ ' Additional billing: T n (l n (~ ~ R #of Hours.