HomeMy WebLinkAboutpitkin.boa.93.33i
PITRIN COONTY
BOARD OF ADJQSTMENT
DATE 0 I I ~, ~ 3
APPLICANT _ /A,y ~ (,v~rGSJc I
MAILING ADDRESS 1>c/`E ~{J 1~'-~ 1p~,
CASE # 7 '
PHONE ~21 "(1Z~~
OWNER ~ ire PHONE
MAILING ADDRESS
LOCATION OF PROPERTY
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: cc~~
~!~'~ Zone District
Requesting: Lot Size
Go ' Front Yard Setback Variance, where /0 O ~ is required.
' "Rrre'~a~~r Yard Setback Variance, where ' is required.
~'2- ' iv ww 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: iL0 CO~t~.G~A~~. o Ap,~,YSQ9mrTO.SC ~O~-~aLe
Zoning Official ~s.e.c~ ~ ,,
Application filed ~ ~1 3 Parcel ID No. ,- ~ ~' _~' i l
Date of Meeting ~) I al ~~
~ ~
Notices Mailed Z 3 Secretary ~ ~1~<-,a-h i+-s' , ~'1~~.~~ /
T~
Refer Resolution to Building Department i~i Y~~ ; No
OOOOOt o--r 1 ~ ; ,
NOTICE OF PUBLIC HEARING TO ADJACENT PROPERTY OWNERS
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:
September 7, 1993 at 5:15 p.m.
Council Chambers, City Hall
David Swersky
David Swersky
Box 269
Aspen, CO 81612
4076 Lower River Road;
Township 9 South, Range
the 6th PM, Section 6,
7.
85 West of
part of Lot
Requesting approval for a 100 foot front yard setback variance and
a 22 foot NW side yard setback variance, where 100 feet and 30
feet, respectively, are required in the AF-1 zone district, for
construction of a detached garage. Approval of this variance
request would allow the proposed garage to be located on the front
property line and 8 feet from the NW side property line.
VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED.
Duration of Variance: Temporary Permanent X
THE PITKIN COUNTY BOARD OF ADJUSTMENT
~b~~~
S zanne L. Wolf Secretary
,. F>.
August 16, 1993
To: Pitkin County Board of Adjustment
From: David Swersky
At a previous meeting I was granted a 100 foot front yard setback
variance and an 18 foot NW side yard setback variance for the
location of an existing carport.
Following that my new driveway was built.
It then became obvious that the best and safest location for the
carport would be a little closer to the base of the railroad bed.
More importantly, however, it is evident that a little more room
was needed for a safe turn around as well as ingress and egress.
I have spoken to the adjacent property owner, Tom Hansen, who has
stated he has no objection to this. It would actually have less
impact on his house this way, as only a few feet of the carport
would be near his lot.
I realize that the proposed location puts a little more of the
carport on the leased railroad land than the previously approved
site. I further realize, as Mr. Neilly pointed out, that there is
risk in having to remove it at a later time if the lease is not
renewed by the railroad. I am willing to accept this risk at this
time for a better result.
I therefore request a 22 foot NW side yard setback variance, a
change of 4 feet, and a 100 foot front yard setback variance as
previously granted.
Please see the enclosed site plan.
Thank you,
David Swersky
To: Pitkin County Board of Adjustment
From: David Swersky
Re: Adjar_ent property owner
Jerry M. Gerbaz
Judith H. & Richard D. Stu±sman
0755 Gerbazdale Dr.
3r.owma~~s, CO 81854
Tom & Nan:;y Hanson
Y.O. Fr:f 8243
Aapen, CO 81~_ 1^
!-'e:rry Follack
'.'.0. Box 950
?~-aver W Ri., Grande Western Railroad
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-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
-63432-157 Zoning Plan Check
-63432.157 Sign Permit
-00100-00000-31070 Use Tax for Sign Permits
HISTORIC PRESERVATION:
-63335-151 Exemption
-63336-152 Minor
-63337-153 Major Devel.
-63338-154 SignB. Devel.
-63339-155 Demolition
COUNTY:
-63160.126 GMP/General
-63170-127 GMP/Detailed
-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 Z . 0 0
-63235-148 Zoning Plan Check
REFERRAL FEES:
-63360-143 Engineering-County
00115 -63340-163 Engineering -City
00123 -63340-190 Housing
00125 -63340-205 Environmental Health
PLANNING OFFICE SALES:
-63080-122 County Code
X9000-145 Other (Copy Fees)
TOTAL 52-~8
Name: _ f~V lli _~~f-~fC'~,.5~/ Phone: q2 ~- ~~ /'~
Address: ~? C x ~~ ~( Project:~1,3 - 3 3
A- SI'E /
Check #: S~ 7 G paw; ~ No of Copies: _
~,
LAND USE APPLICATION FEES
CITY:
County of Pitkin } AFFIDAVIT OF NOTICE BY
} ss. POSTING OF A VARIANCE HEARING
State of Colorado } BEFORE THE PITKIN COUNTY
BOARD OF ADJIISTMENT
The undersigned, being first duly sworn, deposes and says as
fOllOWS:
I IJCLv~ ~tcreySl~.j .' , 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 co
the said sign was
day of
day of
at least nine (9)
uld be seen from the nearest public way) and that
posted and visible continuously from the Z'°
- - -}- to the ~~
~y 19 ~3 .. (Must be posted for
full days before a heari date .
Applicant's Sig ture
Subscribed and savor to before me
this ~_ day of _, - ,
19 ~-3 , by ~ f~- S
WITNESS MY HAND AND OFFICIAL SEAL.
~1~1 Com~nisaio.~ mcpnes
3111 /97
My Commission expires:
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#362170 14/18/93 11T F;ec ~.~J!~ Bf': 727 F'G 278 •
Silvia Davis, F'it4:.in Cnty Cler4::, Doc $.~i4
RESOLUTION OF THE PITRIN COUNTY, COLORADO
BOARD OF ADJIISTMENT
GRANTING SETBACK RELIEF FOR DAVID SWERSRY
RESOLUTION NO. 93-33
WHEREAS, David Swersky, owner of 4-76 Lower River Road, is
requesting approval for a 100 foot front yard setback variance and
a 22 foot northwest side yard setback variance, for construction
of a detached carport; and
WHEREAS, 100 feet and 30 feet, respectively, are required in the
AF-1 zone district; 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
100 foot front yard setback variance and a 20 foot northwest side
yard setback. variance be granted for construction of a detached
carport, due to downzoning, as per the plans submitted (Exhibit I
nBn) ~
WARNING: Any violation of the terms of this resolution may
result in rehearing and possible revocation.
~~D~Qg
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#36^^<irQ it~/16/9~ i:18 Rec x.00 BK' 727 FG 2..
Silvia Davis, F'itk:in Cnty Glerl:, Doc ~.~~~~
Resolution No. 93-33
Page 2
The Resolution was adopted by vote of the Board of Adjustment of
the County of Pitkin, State of Colorado.
DATED: September 7, 1993
ATTEST:
~~~~
Suza a L. Wolf Secretary
q
r
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ooao~~
The Board of Adjustment of
Pitkin County, Colorado
r ~ •
#36~17t? iu/18/93 ,
Silvia Davis, F'it:::in
18 F:ec ~, i.~i.~ Pk: 727 F'G
Cnty Cler4;, Dac $.0~~
•
280
EXHIBIT "A"
Legal Description
for property owned by
DAVID SWERSRY
A part of Lot 7 in Section 6, Township 9 South, Range 85 West of
the Sixth P.M., Pitkin County, Colorado, described as follows:
Beginning at a point on the westerly right-of-way of the Denver and
Rio Grande Western Railroad Company's Aspen Branch from the
northwest Corner of said Section 6 bears North 71°10'07" West,
1060.41 feet, more or less;
thence South 27°30' East, along said Railroad right-of-way line,
861.54 feet to the true point of beginning; thence South 27°30'
East, along said right-of-way line, 50 feet;
thence South 28°OS' East, along said Railroad right-of-way line
171.92 feet;
Thence South 69°15'30" West, 94.60 feet, more or less, to a point
in the center of the Roaring Fork River;
thence northerly, along the center of the .Roaring Fork River,
193.41 feet, more or less, to a point from which the true point of
beginning bears North 51°22'52" East;
thence North 51°22'52" East, 100.18 feet, more or less, to the true
point of beginning.
~~~~1~
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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 appeaz and state their views, protests, or
objections. If you cannot appear personally at such meeting, then you aze 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. A VARIANCE GREATER THAN OR LESS THAN THAT REQUESTED COULD
BE GRANTED.
DATE AND TIME OF MEETING: Tuesday, September 7, 1993; 5:15 P.M.
Council Chambers, City Hall
Lowry Trust: requesting approval fora 70' front yard setback variance and a 17' reaz yard setback variance,
where 100' and 30', respectively, are required in the AF-1 zone district, for construction of a single family
residence. Property Location: Lots 37 & 38, Crystal River Pazk.
Roscomare, Ltd: requesting approval for setback variances for construction of an avalanche deflection wall
between Lots 15 & 16. Property Location: Lots 15 & 16, Castle Creek Valley Ranch.
Bradley, Ed :requesting approval fora 36' front yazd setback variance, where 100' is required in the AF-
1 zone district, for an addition to a single family residence. Property Location: 646 Twining Flats Road;
Township 9 South, Range 85 West of the 6th PM, Section 16, part of lots 4 & 5.
Swersky, David: requesting approval fora 100' front yazd setback variance and a 22' NW side yard setback
variance, where 100' and 30', respectively, are required in the AF-1 zone district, for construction of a
detached garage. Property Location: 4076 Lower River Road; Township 9 South, Range 85 West of the 6th
PM, Section 6, part of Lot 7.
Kelso, Suzanne Pfister: requesting approval fora 61' front yard setback variance, where 100' is required
in the AF-1 zone district, for construction of a barn. Property Location: Tract 2, West Buttermilk Pfister
Tracts.
Chester, Robert & Larson, Nancy: requesting approval fora 10' south side yard setback variance, where
30' is required in the AF-1 zone district, to remodel an existing deck. Property Location: Lot 21, Block 2,
Filing 2, Brush Creek Village.
Submitted to the Aspen Times on August 24, 1993.
To Be Published in the Aspen Times August 27, 1993.
County PO #301003
~~~~1
Minutes
Pitkin County
Board of Adjustment
Regular Meeting
September 7, 1993
Members Present:
Members Absent:
Staff:
Evan Gull, Acting Chair
Bill Lukes
Rod Dyer
John Wheeler
Rick Neiley Michael Cooper
Joanna Schaffner, Zoning Enforcement
Gull opened the meeting at 5:35 p.m. and introduced the Board to
those present.
This case was tabled at the April 6, May 4, June 15, July 7, and
August 3, 1993 meetings. Wheeler moved to table this case to the
November 2, 1993 meeting. Lukes seconded the motion, and all were
in favor.
Case 93-11 Thomas Girardi Tract B Hansen's Tracts
Tim Hagman, representing the owner, was present to request approval
for a 100 foot arterial highway setback variance from Highway 82,
where 200 feet is required, for construction of a single family
residence.
Hagman stated that the property is divided into two benches, one
on the level of Highway 82 and another on the level of the river..
The owners chose to use the building envelope on the lower bench,
and the higher bench will not be used. The lower site is
constrained by the 100 year floodplain, the 20 foot riparian
setback, and the 200 foot arterial highway setback. The applicant
is seeking relief from the 200 foot arterial highway setback.
Schaffner noted that the original request for a 100 foot arterial
highway setback variance was based on the building envelope, and
not the proposed structure because plans were not available at the
time public notice was posted.
Hagman stated that the buildable area is long and narrow. The
residence sits below the road and is not visible from the highway.
He noted that the owners plan to landscape extensively for privacy
and to shield the house from the highway.
There was no public comment.
1
000013
Gull read into the record letters from Judith and Jerry Gerbaz and
Richard and Laura Stutsman, stating their support for the variance
request.
Hagman noted that the veterinarian next door is within the 200 foot
highway setback.
Lukes stated that a design element, such as the Porte-cochere,
should not be allowed to increase the encroachment into the
setback. Wheeler suggested that a 20 foot highway setback variance
would be appropriate.
The Board discussed granting a 20 foot variance or waiting for the
applicant to present specific plans.
Gull movedlto grant a 20 foot highway 82 setback variance as per
the plans submitted, with the following modifications: remove the
Porte-cochere and move the garage, to comply with the variance
granted, due to topographic considerations. Dyer seconded the
motion, and all were in favor.
Dyer moved to table the application to the October 5, 1993 meeting,
at the request of the applicant. Wheeler seconded the motion, and
all were in favor.
Case 93-29. Judv Beth Lowrv Trust, Lots 37 & 38 Crystal River Park
Nancy Smith was present, representing the owner, to request a 70
foot front yard setback variance and a 17 foot rear yard setback
variance, where 100 feet and 30 feet, respectively, are required
in the AF-1 zone district, for construction of a single family
residence.
Smith stated that the Crystal River Park Subdivision was platted
before the zoning regulations were adopted, and that a 100 foot
front yard setback is required for lots that are only 100 feet
deep. She noted that Karl Avery, a neighbor, is concerned that the
residence will obstruct his view of Chair Mountain. She stated
that he does not have a view of the mountain in the summer because
the area is heavily treed. The house will not be as high as the
existing trees. She added that Avery's house is only 20 feet from
the property line. She noted that they chose to build on Lot 38
because it is less steep, and therefore easier to build on and
easier to access.
Gull read into the record a letter from Karl Avery, stating his
concern with the proposed location of the house and its impact on
his view, but he was not opposed to the specific variance
requested.
2
~Qd~lY
There was no public comment.
Schaffner noted that the Covenants for the subdivision require 30
feet in the front, 20 feet in the rear, and 15 feet on each side.
Gull added that the R-30 zone district has comparable setbacks to
Covenants, and that this lot is approximately 20,000 square feet.
Smith suggested that the house could be turned more to be within
the 20 foot rear setback. Wheeler stated that he would be hesitant
to allow less than a 20 foot rear yard setback, especially with the
concerns of the neighbor.
Dyer moved to grant a 70 foot front yard setback variance and a 10
foot rear yard setback variance, due to downzoninq. Wheeler
seconded the motion, and all were in favor.
Case 93-30 Roscomare Ltd & Midranch Holdings Inc Lots 15 &
16. Castle Creek Vallev Ranch
Jane Ellen .Hamilton was present, representing the applicants, to
request setback variances for construction of an avalanche
deflection wall between Lots 15 & 16.
Hamilton stated that the existing house on Lot 16 was built in a
building envelope that was approved through the 1041 Hazard Review
process. In February, a massive avalanche hit the house and
completely filled several rooms with snow. Subsequently the owners
of Lot 16 extensively researched methods of protecting the house,
and determined that there was no other option except to keep the
house in its present location and build an avalanche defense
structure, a wedge-shaped wall above the house to divert snowslides
around the house. To be most effective, it is necessary that the
structure cross into the adjacent Lot 15, to which the adjacent
owners have consented. Hamilton added that the proposed structure
will protect other buildings that exist on the property.
There was no public comment.
Hamilton stated that the avalanche deflection wall will be 20 feet
from finished grade on the back side, and the area above the wall
will be left unvegetated. The side facing the house will be
screened as much as possible by vegetation. She added that the lot
received 1041 approval in 1986 based on an "expert" report that
said the envelope was free of avalanche danger.
Schaffner stated that the wall is considered an accessory
structure, and can therefore be 20 feet high.
Hamilton stated that triggered releases of snow were not feasible
because of the lack of controlled circumstance. Constructing snow
fences in the avalanche release zone would tear up the hill, would
not prevent a release, and would require 4-5 miles of fencing. The
3
000015
structure has been reinforced and "bulletproof" windows have been
installed, but something besides the structure must absorb the
force of an avalanche. She added that the hardship is not of their
creation because the residence was constructed before they
purchased the lot.
Lukes stated that an avalanche could be shielded at the house, but
then two sides of the house would be unlivable.
Hamilton replied that the engineers stated that a structure could
be constructed to bear the load of a 30 year avalanche, but one
could not be "retrofitted" to bear such a lateral load.
Gull moved to grant setback variances for an avalanche deflection
wall, as per the plans submitted, due to the unusual danger
presented }~y the topographical situation above the lots. Dyer
seconded the motion, and all were in favor.
Case 93-31. Ed Bradley 646 Twining Flats Road
Charles Roberts was present, representing the applicant, to request
a 36 foot front yard setback variance, where 100 feet is required
in the AF-1 zone district, for construction of an addition to an
existing single family residence.
Roberts stated that the grade drops at the 100 foot setback, and
that they do not want to lower the building in order to maintain
a logical grade entry. Also, they chose to design the addition to
avoid demolishing the existing decks and to save an existing tree.
He noted that the house already encroaches on the front yard
setback by 40-50 feet, and the addition will not increase the
encroachment. He added that the adjacent houses also encroach into
the setback, and the house is well screened from the road.
There was no public comment.
Gull noted that numerous variances have been granted on Twining
Flats Road, and that he would prefer to force development toward
the road rather than towards the river.
Lukes moved to grant a 36 foot front yard setback variance, due to
downzoning. Gull seconded the motion, and all were in favor.
Case 93-33. David Swersky, 4076 Lower River Road
David Swersky was present to request a 100 foot front yard setback
variance and a 22 foot NW side yard setback variance, where 100
feet and 30 feet, respectively, are required in the AF-1 zone
district, for construction of a detached carport.
Swersky stated that he was granted a variance for the carport, but
after he built the new driveway, he realized that there was not
4
~Q~~~ 6
enough room to turn a car around and nowhere to plow snow.
Therefore, he is requesting an 8 foot side yard setback instead of
the 12 foot setback previously granted. The adjacent neighbors,
including the Railroad, do not object to the change in the
variance. He noted that the carport will be less visible to the
public because it will be closer to the Railroad berm, and will
have less impact on his immediate neighbor because the carport will
be open to the house, rather than to the road.
Gull stated that the closest conforming zone district is R-15,
which allows a 10 foot side yard setback.
Dyer moved to grant a 100 foot front yard setback variance and a
20 foot NW side yard setback variance, due to downzoning. Wheeler
seconded the motion, and all were in favor.
Case 93-34{Suzanne Pfister Kelso Tract 2 West Buttermilk Pfister
Tracts
Wheeler moved to table the application to Thursday, September 9,
1993, at 12:00 p.m. in the Council Chambers. Dyer seconded the
motion, and all were in favor.
Lukes moved to table the application to Thursday, September 9,
1993, at 12:00 p.m. in the Council Chambers. Wheeler seconded the
motion, and all were in favor.
The minutes of August 3, 1993 were approved as written.
The meeting was adjourned at 7:30 p.m.
Respectfully submitted,
~~~~
Suza ne L. Wolff, ecretary
~~~0~7
ASPEN/PITKIN PLANNING
130 South Gekna Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
cITY:
-63250-134
-63270-136
-63280-137
-63300-139
-63310-140
-63320-141
-63330-150
-63432-157
-63432-157
-00100-00000-31070
GMP/Conceptual
GMP/Final
SUB/Conceptual
SUB/Final
All-2 Step Applications
All 1 Step Applications
Staff Approval
Zoning Plan Check
Sgn Permi[
Use Tax for Sign Permits
HISTORIC PRESERVATION:
-63335-151 Exemption
-63336-152 Minor
-63337-153 Major Devel.
-63338-154 SignB. Devel.
-63339-155 Demolition
COUNTY:
-63160-126 GMP/General
-63170-127 GMP/Detailed
ro -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
X3240-149 Staff Approval
-63450-146 Board of Adjustment
-63235-148 Zoning Plan Check
REFERRAL FEES:
-63360-143 Engineering -County
00115 -63340-163 Engineering-City
00123 -63340-190 Housing
00125 -63340-205 Environmental Health
PLANNING OFFICE SALES:
-63080-122 County Code
-69000-145 Other (Copy Fees)
Name: L. A u l: i ~C K S~ y ~ 0~ ~~ ~b9~e:
Address: wojeot
A SJ' C /~/
TOTAL
2
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Check #: ~ ~ ~ G Data: No of Copies:
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