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HomeMy WebLinkAboutpitkin.boa.93.38 r • PITRIN COUNTY BOARD OF ADJIISTMENT DATE -~ Ste. ~ ~ `~. l ~ I ~ ~ ~~ CASE # ~ 3 ~ ~v APPLICANT 1~ ~ J c !\ ~~ i-~ ~ C L P~ PHONE ~ ~-~~ - ~ l ~ a MAILING~ADDRESS ~ U ~ ~.~. ~-, ~ ~ ~ \1 OWNER 1-'~ fl c,C,~, ~ ~ w~ ,"t~ ~ PHONEC-~ -~. C ^ `.~` ~ ~ ~a~= ra~~ or cnis case. The Board may return this application if it does not contain all the facts in question. ~-- ~\- ~ ~'~ Applicant Signature~~ J ~~'A, `.t, V" (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: AF-/ Zone District Requesting: ac• 'OrLOt Size ~' Front Yard Setback Variance, where /~' 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. r /\ ~/~ Other: /S~ rna',~r' rc~~~ ~P-F (,~,,.1~' \Inn~h vin A] 1 .'ten fYlr~. l~.._ _ Zoning Official~c~t.~ /c.f•l~.o~XTrs..r Application filed q Z ~ R 3 Parcel ID No. 2? 3 7 - /fir _ C~ _OOy Date of Meeting l0 5 3 Notices Mailed q Z ( ~3 Secretary ~'l.t~Cl,(^{tiQ~ VVg1c~~ Refer Resolution to Building Department ; _ ~ Yes ; _ ~ No 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: Owner: Name and Address of Applicant: Property Location or Description: October 5, 1993 at 5:15 p.m. Commissioners Meeting Room Pitkin County Courthouse Roger Smith R.C. Schofield P.O. Box 306 Aspen, CO 81612 2020 Maroon Creek Road Township 9 South, Range 85 West, Section 10 Requesting approval for a 15 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, and a 15 foot major road setback variance for Maroon Creek Road, where 100 feet is required, for construction of a covered porch on an existing single family residence. Approval of this variance request would allow the proposed porch to be located 85 feet from the front property line and 85 feet from Maroon Creek Road. VARIANCES GREATER OR LESS THAN REQUESTED COIILD BE GRANTED. Duration of Variance: Temporary Permanent X THE PITKIN COUNTY BOARD OF ADJUSTMENT Suzanne L. Wolff, Secretary • Aspen/Pitkin Planning Office 130 S./ Galena Aspen, Co. 81611 Sept. 21, 1993 To whom it rosy concern: The purpose of this letter is to inform you of a continuing and relentless problem concerning snow and ice build-up in and around the entry area of a home at 2020 Maroon Creek Road. Because of the original design and placement of the house on the property (of which the current owners have no control) the primary entrance is in a dark area that not only receives no sun during the winter months, but is also under the convergence of four roof areas that continually deposit snow and water (resulting in ice build-up) on top of and at the base and approach to the walkway and steps leading to the front door. Over the past three years, countless delivery persons and guests have slipped „ slid, and fallen while attempting to negotiate the icy walk and stairs at the entrance to the house. A further complication stems from the swirling, northerly winds that sweep down the Maroon Creek Valley bringing even more snow from the roof down into this entry area. The safest solution to this problem seems to be to extend the roof to cover this entry and approach area to prevent the formidable snow and ice build-up that creates such a dangerous situation every winter, and we respectfully request a variance to allow us to do so. As further testament to the seriousness Dan Dunnigan, who resides at this prope a final dentist appointment on the 27th receive a permanent crown on one of his broken off last May while attempting to a snow and ice slide from the roof over Respecfully, R.C. Schofield, of this problem, Mr. rty as caretaker, has of September to front teeth that was dodge (on icy steps) the entry. for Mr. & Mrs. Roger Smith <. ;~ . 000003 T _ _~_______ __________________________________ __________ __ ___ 1027"1555 F PPnDUCTI0N5 ~ o ~ __" " " '- _5~ P02 5EP 21 '93 0?:'7 R~ga S~Pi, September 21, 1493 Pitkin County Board of Adjustment Aspen, Colorado Dear Sirs: Please be advised that I am the owner of 2020 Maroon Creek Road in Aspen and have requested that Randy Schofield make certain improvements to my property. I am fully aware of the variance request and have no objections to such a request. Sincerely, i R er mith ~~~ 000004 G;UEN'I"HI-.Fi ~ ~:?ACiF~ _. ..i..Fil.JS~-T~fi_C (ir i'i' i i:I. aLs i,`~ 3 ':::'I'(-"?TIJ.53 ~ t--? ._,._'.`_r`5 :L''Sxl i~a i r.-a,'i~=; _ ... r _ !'G::dAF-; .:if1V7:Pdi_;~_ i'iJWF:Ft, hlJ7: fE=: 1. Piz. ir'~'7 hJ.E. L_Onl= 41i~ .ia~?I`d ~P~.L.~Jhd]:L1j I'X 'c3'.J'i' 5:'>3 MAFtIJDN CYaEr.l:-:i ,.. _ r-? i ~iF~9l_ . l I- L_6~?Iti1:; :E Pd l HE= I?Ea~Cf•;'1:}jEU 1:i'+I ri.iC:;F:: "ixa.t:iy is F? E Ea i,_. F,: r-~ pa..,.. A i-; F:: 1='Fai: ::7 C:1-{EJc i_ir_i3~]E~l°~ NE<}.; E~:, A C=~ E:: E''I-31:;f ACTT: 3i's1. ~ l_.Et3Ci 1.Ci, f'i:3 /-liF; ,`}Q(st ara A;IIO ,C'.1 "r'°ii ai; AC: ia, ist_; t:~ F~: is f!::77AE_ ~'AL.J_!Ec '?~._'J.i'gEiV(, YEAR it= _i:[1.._"~ 000005 r?D,J I.JS~~f E.I7 YL:AR ,_il_J :[I__"I' LE,T iF-IAi`d~:iE: D4!`7/9: ,, • n ~1 ~' N ~ 'z ~r ~n A ~C X 8;6„` Z?3554-oo-~y~ 0 LAND USE APPLICATION FEES ` CfTY: -63250-134 GMP/Conceptual -63270.136 GMP/Final -63280-137 SUB/Conceptual -63300.139 SUB/Rnal -63310-140 All-2 Step Applications -63320.141 All 1 Step Applications -63330-150 Staff Approval -&3432-157 Zoning Plan Check -63432-157 Sign PermB -00100.00000-31070 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 SigniF. Devel. -63339-155 Demol@an COUNTY: X3160-126 GMP/General -63170-127 GMP/Detailed c -63180-128 GMP/Final -63190-129 SUB/General =-• -63200-130 SUB/Detailed -63210.131 SUB/Fnal -63220-132 All 2 Step Applications -63230.133 All 1 Step Applications -63240-149 Staff Approval - -63450-146 Board of Adjustment S ~ L~- -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering -County 00115 -63340-163 Engineering-City 00123 -63340-190 Housing 00125 -63340-205 Environmental HeaRh PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL ~ L i ~ /, r 4 /~ (.: C ~ . E' lit - ~ C • Ll Z Z - I I ~I ( I Name: . Phone: Address: O L u 3 ~ ~ Project: - 9.3 ~.3rf ~ S~ C l l p ~ D r' ~ ~ '~ r ~ '/ ~ Check#: Date: No of Copies:. / _ o: OO~U3! County of Pitkin } AFFIDAVIT OF NOTICE BY } ss. POSTING OF A VARIANCE HEARING State of Colorado } BEFORE THE PITRIN COIINTY BOARD OF ADJOSTMENT The undersigned, being first duly sworn, deposes and says as follows: ~ ~ ,_ °, ~J ~ I, ~ ~ :~ r ~. ~. ; ~-- ~ ~ ,4r`~ ~ -~ ~ c~ , 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 day o ~ ~ c' ~~ c ~ ` ~- 19 ~ >, to the ~;:. ~~~ , 19`~ t:. (Must be posted for full days }amore the hear' dam) I. . _ .. s S Subscribed and sworn to before me ~. this ~ day of ~ ~ , - - - 19~, by `a cQ SC ~9~ WITNESS MY HAND AND OFFICIAL SEAL. My CcS~ fission e fires: ~ `J I Notary P bli 's fig ~re r- ~ ~ ~ II Address" - Paulette S. Dangler j My Commission expires 315!94 - Central Bank Aspen, N.A. °'~~ Box 3318, Aspen, CO 81612. - s ;Y. .. =4000Qg y . `~' ~ f r .. ._ ~ f ~ /' / /~ ~ .~ _ _ )~ -- ; ~ r ,. . , ,_ , ,. , ,, ... 4 1 ~\\ -- ___ . _ ~ ~\ rq ~ ~ \ l i~~ \/ \~ ~ \ ' ~\ `t \~ ^J` 1 .~ ~ \ ~ \\ ~\ b~ ~ I~ ~ a ~ I \\ r /.~ c \ 1 ,~ ,` ' s \ ~ I ~'~ ~ _ \~ n i ~ - ~U ' 1 1~ ~' ~ ~ \ ~ \ r` ~ / i) Q~ ~' ~ ! O,('~ 1,71. r i it e ~, l~~ b ~ .p \n ~r r r y ~ \ rn Dry ~ ~, Q , ~\ ~/-- ~ ~ ~ 1~/ 1 , ~'~ , ~~ ~ ~ /', 11~~ i ~ ~ ~ ~ ~ ~l i 1~ ----- - - - ~ ~1 ;, ~, ,. ~.. ,, ~" ~ ~ ~_~ I ' %~ 1~ r ~} ~~~ 1 • i 'y ' / \~'~~ 1~ ~ ` ~ ' ~ ~ ~~ 1 r '. ~ ;1 ', - ---- ~ '~l "' J~ ;,, /, G7 ~ ~ © ~~f~ ~/ ~ ~ y ~ d~~U~` ~v ~ ~ ~~ . ------ --------------------------- ------------ -- R~ga ~R, September 21, 1993 Pitkin County Board of Adjustment Aspen, Colorado Dear Sirs: ---------------------- 5EF 21 "~ ~~9:=7 please be advised that I am the owner of 2020 Maroon Creek Road in Aspen and have requested that Randy Schofield make certain improvements to my property. I am fully aware of the variance request and have no objections to such a request. Sincerely, i R er mith ~' 000010 ~~2974 i i /OS/~i3 16: C1 Rec ~ Bk:. 729 F'G 744 +~ ~ via Davis, F'itk:in Cnry C~:::, Dor $,i>~; RESOLUTION OF THE PITRIN COUNTY, COLORADO HOARD OF ADJUSTMENT GRANTING SETBACK RELIEF FOR ROGER SMITH RESOLUTION NO. 93-38 WHEREAS, Roger Smith, owner of 2020 Maroon Creek Road, is requesting approval for a 15 foot front yard setback variance and a 15 foot major road setback variance for Maroon Creek Road, for construction of a covered walkway; and WHEREAS, a 100 foot front yard setback is required in the AF-1 zone district, and a 100 foot major road setback is required; 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 15 foot front yard setback variance and a 15 foot major road setback variance be granted for construction of a covered walkway, due to topographical hardship, as per the plans submitted (Exhibit nBn) ~ ~; WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. 000011 t . #36~ 111~~5/93 16: C1 Fec ~.C~~~~ 729 F'G 745 Si1v. Davis, Pitkin Cnty Clerk:, oc ~.ci~i Resolution No. 93-38 Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: October 5, 1993 The Board of Adjustment of Pitkin County, Colorado ATTEST: ~~~~~6 Suz ne L. Wolff, Secretary is Neiley, Chairman oooa~.~ .- #36974 ~?S/93 16: ^<i Rec ~. UO PI. 7~F'G 746 Silvia Davis, F'itk:in Cnty Clerk, Doc $.OU EXHIBIT "A" Legal Description for property owned by ROGER SMITH 2020 Maroon Creek Road SW;SE; of Section 15, Township 10 South, Range 85 West of the 6th P.M. Pitkin County, Colorado 000013 ~ ~ . #3629 r 4 11 /~?5/93 16:~ Fec ~. ~?0 PK. 729 F'~ 747 Silvia Davis, F'itE::ir ity Clerk, Doc ~.~?0 D ,n/~ +Y ~/ u1 ~' r: {~ ~I 0' I;' . ~: -. ~a ,. , . ' .. ' ~' ,, -- ," ,. ._. ;, -, ,; 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 appeaz and state their views, protests, or objections. If you cannot appeaz personally at such meeting, then you aze urged to state your views by letter, particulazly 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. A VARIANCE GREATER THAN OR LESS THAN THAT REQUESTED COULD BE GRANTED. DATE AND TIME OF MEETING: Tuesday, October 5, 1993; 5:15 P.M. Commissioners' Meeting Room, Courthouse Pohle, Chester Robert & Pixley, Michael: requesting approval fora 78' front yazd setback variance and a 20' north side yard setback variance, where 100' and 50', respectively, are required in the RS-30 zone district, for construction of a single family residence. Property Location: Lot 3, Block 2, Filing 1, Gateway of Snowmass Mesa Subdivision. Kaufman, Richard: requesting approval fora 1'6" height variance, where a maximum height of 28' is permitted, in the R-30 zone district, for an addition to a single family residence. Property Location: Lot 1, Ridge of Red Mountain Subdivision. Smith, Roger: requesting approval fora 15' front yazd setback variance, where 100' is required in the AF- 1 zone district, and a 15' major road setback variance for Maroon Creek Road, where 100' is required, for construction of a covered porch on an existing single family residence. Property Location: 2020 Maroon Creek Road; Township 9 South, Range 85 West of the 6th P.M., Section 10. Submitted to the Aspen Times on September 21, 1993. To Be Published in the Aspen Times September 24, 1993. County PO #301003 000015 Minutes Pitkin County Board of Adjustment October 5, 1993 Members Present: Members Absent: Staff: Rick Neiley, Chair Evan Gull Bill Lukes Rod Dyer C~ Ellie Brickham Michael Cooper John Wheeler Joanna Schaffner, Zoning Enforcement Neiley opened the meeting at 5:20 p.m. and introduced the Board to those present. He welcomed new Board member Ellie Brickham. Chester Pohle was present to request a 70 foot front yard setback variance and a 20 foot north side yard setback variance, where 100 feet and 50 feet, respectively, are required in the RS-30 zone district, for construction of a single family residence. Pohle stated that the lot is steep anti irregularly shaped. They propose to build on the upper portion of the lot and to access the lot from the top because the lot is narrower at the bottom. By accessing the house at the top of the lot, the driveway will meet the County requirements for a maximum grade of 12%, and will also meet the fire department requirements. Pohle noted that the Gateway Homeowners Association approved their site plan. Evan questioned whether the Homeowners Association has the ability to approve variances from the setbacks in their covenants. Francis Krizmanich, a homeowner in Gateway, urged the Board to visit the site because the topography on the survey does not seem to accurately reflect the topography of the site. Photographs presented to the Board seemed to confirm this concern because the excavation at the bottom of the site is not reflected on the topographic survey. He said that he feels the bottom of the lot provides better access to a flatter building area, on which a split level home could be constructed with less cut and fill. The house is designed for a flat lot, and is proposed to be built on the steepest part of the lot, which will require a lot of cut and fill. In response to questions about the access, Pohle responded that accessing the building site from the bottom of the lot would require switchbacks to meet the County driveway standards, and that the switchbacks would be too narrow for fire trucks. 1 OOOOZ6 ;~ ,. Gull noted that the footprint of the house on the topographic survey is larger than the house presented in the plans. Lukes feels that it is important that the applicant submit a correct survey. Other Board members did not feel an accurate survey was necessary if they were going to visit the site. Gull stated that he would prefer to see the house staked on the site, and would like to see cross-sections of the house and the slope and the height of the house. Neiley noted that downzoning is often used to justify granting variances for lots in the Gateway Subdivision because it is impossible on many of the sites to locate improvements within the setbacks required by the County. He stated that the Board has an obligation to grant a minimum variance and to grant a variance that is not detrimental to the public good and interest. Pohle stated that he agreed to the Homeowners Association's request to revegetate the existing excavated area on the lower portion of the lot and any slopes that are impacted during construction. Neiley noted that a building on the lower site would require larger variances. Lukes stated that he was concerned that the applicant would obtain the setback approval, and then return to request a height variance. Schaffner suggested that the applicant provide a revised footprint which accurately reflects the proposed structure, and then the Board could conduct a full review. Neiley moved to table this item for a site visit. Cooper seconded the motion, and all were in favor. The site visit was scheduled for Wednesday, October 13 at 8:30 a.m. Pohle will stake the site, erect a height pole, and provide an accurate footprint of the house on the topographic survey and cross-sections of the house and the slope. Case 93 37 Richard Kaufman Lot 1 Ridoe of Red Mountain David Finholm, representing the applicant, was present to request a 1'6" height variance, where a maximum height of 28 feet is permitted, for an addition to a single family residence. Finholm stated that notice of the hearing had not been posted on the site. The board previously approved a height variance for the residence for the roof addition, but the currently proposed design is different. The variance being requested is actually less than that previously granted. Finholm noted that the Red Mountain Homeowners Association has approved the new design. 2 ~0~~~ There was no public comment. Gull moved to table this application to the November 2nd meeting. Neiley seconded the motion, and all were in favor. Case 93-38, Roger Smith, 2020 Maroon Creek Road Randy Schofield, representing the applicant, was present to request approval for a 15 foot front yard setback variance, where 100' is required in the AF-1 zone district, and a 15 foot major road setback variance for Maroon Creek Road, where 100' is required, for construction of a covered walkway on an existing single family residence. Schofield explained that the applicants would like to construct a covered walkway because the entry to the house is very dangerous in the winter due to snow and ice accumulation. He noted that variances have been granted in the past for this house because the lot is constrained by Maroon Creek and Maroon Creek Road. There was no public comment. Lukes moved to grant a 15 foot front yard setback variance and a 15 foot major road setback variance due to specific site constraints, including topographical hardship. Gull seconded the motion, and all were in favor. Case #93-20, William and Barbara Howell. Lot 3. Block 3, Filing 2, Gateway of Snowmass Mesa Subdivision Gull moved to table the application to the November 2nd meeting. Cooper seconded the motion, and all were in favor. ~,t,t,t,t*,t*,t*****~******,t,t*,t,t,t****~,t**,t,t,t**,t***~*****,t ,t*a*******~*,t* Gull announced his resignation from the Board after 12 years. The minutes of September 7 and September 9 were approved as written. The meeting was adjourned at 6:30 p.m. Respectfully submitted, ~ ~` ~~ h '~i~tid," ,1" ld~ L Suzad e L. Wolf ,%Secretary 3 r f ~ .t F{/ic iley, Chairman 000018 cieMrrsir.et ~ 15-~'oD_CD7 Cobrado 81611 en As , p 920-SOHO Z ~ i 303 ( ) LAND USE APPLICATION FEES CITY: -63250-134 GMP/Gonceptt~al -63270-136 GMP/Final -63280-137 SUB/Conceptual -63300-139 SUB/Final -63310-140 All-2 Step Applications -63320-141 All 1 Step Appl'~cations -63330-150 Staff Approval -63432-157 Zoning Plan Check -63432-157 Sign Permi[ -00100-00000-31070 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 Sign'rf. Devel. -63339-155 Demolition COUNTY: -63160-126 GMP/General -63170-127 GMP/Detailed s e -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 Appl'~cations -63240-149 Staff Approval 5--~---- -63450-146 Board of Adjustment -63235-148 Zoning Rlan Check REFERRAL FEES: -63360-143 Engineering -County 00115 -63340-163 Engineering -City 00123 -63340-190 Housing 00125 -63340-205 Environmental HeaRh PLANNING OFFICE SALES: -63080-122 County Code 69 00-145 O O O O ~ ~ Other (Copy Fees) TOTAL ~- ~ (`~ (~G . ~ I /~( Phone: Name: h ~ u ~ G ~ `73 ' .3 if ss: Add Project re /~~ ~ ~ I ~ ~~ '' P 5 Check#: Dete: No of Copies: /