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Home My WebLink Aboutpitkin.boa.93.21~e, ~~OI?16l PITRIN COUNTY I6~(I ~'~`e-~ BOARD OF ADJIIBTMENT DATE ~ ' I O ' l 3 C . CASE # ~~ ~ ~~~ APPLICANT I~ETE~Q W t ~TJ¢~, /ifJ6 ~ cJ~/%H PHONE 9a~~~~z MAILING ADDRESS ~OX .~/f.9. ~AL-T. ~O ~/G.Z ~ OWNER S/IM.E~ PHONE MAILING ADDRESS LOCATION OF PROPERTY OFF ~//~ ~Z , Nix r %O O~ ~ .Fi 1.NA .l' TO.eE- _.~ ~~~t> /~uvl ~~h ~ r_ ~c~~-,~hc~~ ~ l(~31 ~rn~r~~~~~f~. T 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 v (TO be completed by the Zoninq 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: qF-I Zone District Requesting: 4~oxLot 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. Other: Zoning Official~_=orln~ `... ~ ~~ Application filed 4~ I ~'~ `/ " Parce~ID No. mil {r.,~ - / ~~- ~ C; -~'/ ~ Date of Meeting 7 ~~ ~/ ~ ~~ Notices Mailed L^ Z Z ,3 Secretary Ist~l,41i~1~~ ~.~L~C~~ Refer Resolution to Building Department ; _ ~ Yes ; _ ~ No `,! i ~ Chi C~7 NOTICE OF PIIBLIC FEARING 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: Ovmer: Name and Address of Applicant: Property Location or Description: July 6, 1993 at 5:15 p.m. Commissioner's Meeting Room, Pitkin County Courthouse Peter & Catherine Smith Peter & Catherine Smith Box 382 Basalt, CO 81621 Township 8 South, Range 87 West of the 6th PM, Section 12, in Government Tract 60. Requesting approval for an 85 foot arterial highway setback variance, where a 200 foot arterial highway setback is required, for construction of a single family residence. Approval of this variance would allow the proposed residence to be 115 feet from Highway 82. VARIANCES GREATER OR LESS TEAN REQUESTED COIILD BE GRANTED. Duration of variance: Temporary Permanent THE PITKIN COUNTY BOARD OF ADJUSTMENT ~r~-~.,~-`off (~~ ~SUZanne L. Wo f, Seoretary(p June 11, 1993 Pitkin County Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Gentlemen and Ladies: C~ We hereby request that a variance from the 200 foot highway setback requirement be granted for the property located on the west side of the old Emma Store (metes and bounds legal attached) so that a single family residence can be constructed. The building envelope locates the property as far from the Highway toward the Roaring Fork River as the 308 slope restrictions set forth in the 1041 approval will allow, thereby placing the proposed structure at 110 feet from Highway property line and 190 feet from Highway 82 itself. In order to comply with the 200 foot setback regulation, the structure would have to be placed in violation of the slope restrictions and partially in the river. Thank you. Peter W. and Catherine R. th Box 382, Basalt, CO 81621 303/927-3012 4r LIST OF PROPERTY OWNERS ADJACENT TO SMITH PROPERTY, BASALT, CO (A tract or parcel of land No. 309R of the State Department of Highways, Division of Highways, State of Colorado, Project No. FC082-1(6) Sec. 3, in Government Tract 60 of Section 12, Township 8 South, Range 87 West of the 6th PM, in Eagle and Pitkin Counties, Colorado) Wirkler, Norman E. and Margaret A. Box 6507 Snowmass Village, CO 81615 Frome, William C. and Beverly M. Box 864 Basalt, CO 81621 Thomas, Gwendolyn c/o Trimble, V. 228 Front Street New York, NY 10038 Siegel, Martin D. 4109 Tamworth Road Fort Worth, TX 76119 Phillips, Susan Box 2106 Basalt, CO 81621 Gredig, John J. and Elizabeth P. Box 709 Basalt, CO 81621 Anderson, C. Lynn 4869 S. Alkire Morrison, CO 80465 Emma Community Trust c/o Fender, Pat 0111 W. Sopris Creek Road Basalt, CO 81621 Hose, Don and Jan 4283 Highway 82 Basalt, CO 81621 DIRECTIONS TO SMITH PROPERTY IN BASALT, CO. Property is located approximately 1.5 miles west of the town of Basalt. Turn right off Highway 82 just past the old Emma Store and right again to the edge of the pavement and beginning of smaller formerly paved section of bike path. The property is just left of this path and bordered on the south by new Highway 82, on the east by the old Emma Store, on the North by old Highway 82 and on the west by the log home owned by the Wirklers. ~ a• No/MP/Side: 82 / 21.60 /L COLORADO DEPARTMEN F HIGHWAYS ocal Jurisdiction: pitkin County Dist/Section/Patrol: 30216 STATE HIGHWAY ACCESS PERMIT DOH Permit No.: 390069 Permit Fee: $25.00 Date of Transmittal:$-16-90 SHE PERMITTEE; Dean Rolzin P. 0. Box 4149 Aspen, CO 81612 is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury qr property damage sustained by reason of the exercise of the permit. -OCATION: On tha north side of State Highway 82, a distance of 3168 feet east from Mile Post 21. 4CCESS TO PROVIDE SERVICE TO: Single family residence. ETHER TERMS AND CONDITIONS: ~~ ~ ~- c~-f-hy 5~~ t h Pro~Oe r~y See Attached Sheet. 1 t3~d Gyl~~ ~/~ 7~ 1 S /TLG G 5~S ~ YvN J J s al j 1~17af~ ~ac~-ssv~. 7-~ta>Lk ypU MUNICIPALITY OR COUNTY APP AL Required en a appr to loc uthority rat i s iss ing authority. By (X) Date ~ ~~ Title Upon gning of this mit the p mittee agrees to the rms and conditions and referenced attachmen contained her .All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Sob Rausin with the Colorado Department of Highways In at 927-97'i7 at least 48 hour prior to commencing construction within the State Highway rlyht-ol-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full auth y to accept the permi nd, all it's terms and conditions. Permittee (X) ~~"'«^' Date ~ Z This permit is not valid until signed by a duly authorized representative of the State Department of Highways. STATE OF ORA ~N OF W S ROBERT C VE E IEF EN~yl By (X) ~ Date 8-30-90 Title Aiiministrator, (Date of issue) ccess omm ee ~r• uis i meu r wn: naquuec: Make copies as necessary lor, previous Eoitions ere Obsolete end will not be useo 1. District (Origjpal) Lacel Aulbority Inspector DOM Form 101 2. Applicant MTCE Patrol Trallic Engineer r 7 ~' ~ 9/85 3. Stall ROW • • ,'~ PERMIT NO. 390069 1 Driveway shall be constructed 24 feet wide with 50 foot radii. Surfacing for driveway approach is required as follows: 12" of class 1 gravel in 2, 6" lifts; 6" of class 6 gravel in i, 6" lifts. 2 Also 4" of HBP in 2, 2" lifts of grade E, EX, or equivalent. The asphalt cement in the HBP shall be AC l0. 3 Fill/cut slopes shall be at a 6:1 slope on the roadway and at 6:1 on the access approach. 4 It is the responsibility of the property owner to prevent all livestock from entering the State Highway right-of-way. Any livestock that does enter the Highway right-of-way is the responsibility of the property owner. 5 No drainage from this site shall enter onto the surface of the highway. All existing drainage structures shall be extended to accommodate all new construction and safety standards. 6 Contractor shall follow the applicable construction specifications set for by the Department of Highways in the latest manual Standard Specifications for Road and Bridae Construction. The property owner is responsible for any utilities disrupted by the construction of this driveway and all expenses incurred for repair. Any damage to any existing Highway facilities shall be repaired prior to continuing other work. 7 Compaction of sub-grade, embankments and backfill shall comply with Section 203.11 of the Division of Highways Standard Specifications. 8 Compaction of Hot Bituminous Pavement (HBP) shall comply with Section 401.17 of the Division of Highways Standard specifications. 9 If frost is present in the sub-grade, no surfacing material shall be placed until all frost is gone or removed. 10 Saw or score asphalt to assure a straight edge for patching. 11 The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope down and away from the highway at a 2$ grade to ensure proper drainage control. 12 All excavations on utility lines, culverts, other trenches or tunnels shall meet the requirements of Colorado Department of Highways, OSHA, Colorado Industrial Commission and the Colorado Division of Mines whichever applies. 13 The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and reseeded. 14 Work shall BEGIN AFTER 8:30 A.M. and all equipment shall be off the roadway BEFORE 3:30 P.M. each day. PAGE NO. 1 ~.~ -63250-134 GMP/Conceptual -63270-136 GMP/Final -63280.137 SUB/Conceptual X3300139 SUB/Final -63310-140 All-2 Step Applications 63320.141 All 1 Step Applications -63330150 Staff Approval -63432-157 Zoning Plan Check -63432-157 Sign PermR -001 000000 0-31 07 0 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63:ii36-152 Minor -63337-153 Major Devel. -63338-154 Signif. Devel. X3339-155 Demolition COUNTY: -63160-126 GMP/General -63170-127 GMP/Detailed -63180128 GMP/Final X3190-129 SUB/General -63200130 SUB/Detailed X3210131 SUB/Final -63220132 All 2 Step Applications X3230133 All 1 Step Applications 63240149 Staff Approval -63450-146 Board of Adjustment ~~ ~~ -635-148 Zoning Plan Check REFERRAL FEES: X3360-143 Engineering -County 00115 -63340-163 Engineering-City 00123 X3340-190 Housing 00125 -63340-205 Environmental Health PLANNING OFFICE SALES: -680-122 County Code -69000-145 Other (Copy Fees) TOTAL %-"' ~ ~ ~"~ / ~~ Name: + Phone: Address: /:,~/r1'~/ Project: ~a~~~~ ' ~, ~ Sa- zj Check #: Date: '~ - N f C / j _ o o opes: { e•, 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 ADJUSTMENT The undo follows: I, being first duly sworn, deposes and says as 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 of i~~~~ 19~, to the ~ day of , 19~ (Must be posted for at le st i e (9) full d~ys before the Appl "~~ '' Subscribed and sworn to before me 7. 4 _ ~ th i s~~ day o f ~ /,1~~ , 19~, by ~f/F'2~rJf, ~ S/11jT~1 . WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires:/ ~ ~~ +, `~` Notary Public's Sig ure ~: ``'"`~ ` '~' Address r~;=~- k.i ' ~. _~. ~~: -~;, ~~ k ~~~ Vii: ,~ `/ Y r~ fi; ~ YD I~f'! ~,° ~10~1~'h~ ! A.'• ..,~.. ~: f~ L (~ ~ C' uJ ~YC 1~ s OV t It e9 S /aoklh~ ~e5t' ~l LUW ~'~j°DWt ioo k ~ ~ ~ ~ ~~ V r~E cJ '~'" i^p ~ /vCr i~ ~ 12 /op t~ r u~ J~ o c~ 7t' s~~f~ ~ #359451 ~i; /C~ ; 1i~:3p Rec $, ii0 Bk: 719 F~ 50 Silvia Davis, Fitk:in Cnty C1erF::, Doc $.cii~ RESOLUTION OF THE PITRIN COUNTY, COLORADO HOARD OF ADJUSTMENT GRANTING SETBACR RELIEF FOR PETER 6 CATHERINE SMZTH RESOLUTION NO. 93-21 WHEREAS, Peter and Catherine Smith, owners of 1631 Emma Spur Road, are requesting approval for an 85 foot arterial highway setback variance, for construction of a single family residence; and WHEREAS, a 200 foot arterial highway 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 an 85 foot arterial highway setback variance be granted for construction of a single family residence, due to downzoning and topographical hardship, as per the plans submitted (Exhibit "B"). I r WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. ~~~u~l #359451 ~3r/~9/•lii:30 Rec $,tip &~` • Silvia Davis, Pitkin Cnty Clerk 719 FG 651 Doc ~, ii<i Resolution No. 93-21 Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: July 6, 1993 ATTEST: Suza ne L. Wolff, cretary ~~~U~~ The Board of Adjustment of Pitkin County, Colorado ~ ` Form No. 106a•d EXHIBIT "A" #359451 tJ!/~9/93 1~~:3~i Rec `S.Ori Ri: 719 PG 652 Silvia Davis, Pitk:in Cnty Clerk, Doc $.0~> SCHEDULEC Order No. 400861 Poilcy No. C 971391 The land referred to in this policy-is situated in the State of COI OradO County of P i tk 1 n and is described as follows: ALSO, Covering the Land in the State of Colorado, County of Eagle, Described as follows: A tract or parcel of land No. 309R of the State Department of Highways, Division of Highways, State of Colorado, Project No. PC 082-1(6) Sec. 3, in Government Tract 60 of Section 12, Township 8 South, Range 87 West, of the Sixth Principal f4eridian, in Eagle and Pttkin Counties, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the line between Cr.. No. 5 and Cor. No. 6 of Government Tract 60, T. 8 S., R. 87 W., 6th P.M. fran which Cor. No. 5 of said Tract 60, a GLO brass cap monument bears S. 0°06'30" W., a distance of 133.10 feet; Thence N. 73°03'00" 1V., a distance of 328.10 feet to the westerly property line of that parcel described In Book 308 at Page 748 of the Eagle County records. 2. Thence N. 14°19'00" W., along 596.00 feet, to the southerly (June 1985); said westerly line, a distance of right of way line of S.H. No. 82 3. Thence along said southerly line, along the arc of a curve to the left, having a radius of 2,915.0 feet, a distance of 530.60 feet (the chord of said arc bears S 60°41'00" E, a distance of 529.90 feet), to the intersection with said line between Cor. No. 5 and Cor. No. 6 of said Government Tract 60; 4. Thence S. 0°06'30" W., along said tract line, a distance of 413.70 feet, more or less, to the point of beginning. Basis of Bearings: North 89°32'00" East between Corner No. 3 of Government Tract 88 (brass cap) and Corner No. 4 of Government Tract 88 (brass cap) in Section 12, Township 85, Range 87 West of the 6th P.M. 000013 ~' tc'' #359451 c~7/~9/93 1•~ti Rec $.OU Bk. 719 F'6 653• ~, •, .Silvia Davis, FitE in Cnty Clerk., Doc $.t_ip i ~~~~ ~. °LAT NOTES i. ww. m uauwct or . twcowc rvu ~~ '.c unm.wr auuu wuu ava.c. .cof ••~ r.ea ree w..o er .auv wc.r Q ~ t .aoe ro nsma or . tmum+c runr o-c S orator f..u ~snu . srt onroa.. '9TF i • • v.qr ' .,,.. bfCy~ ~~~ 9y N~ 82 ~!1111~r~ ~~FR: rW/wf r.. ..r b.. ~.r.r ~ ~ ••rrV wr•wlle 11~.~~ raw rm ... a ..«z ~ \ s DINL _r\\ -~ _ _I. \FN~w~__ \ z i~ ~ r...::`~. «.` ~ i • '°' m i .,.~~ ~~ .Tee r m ee \t.T 00 W •'.r .ia..r v .S j, ...,. ,.... 9~F, 'fit' 'LO ~x'1 ~~~~~~~i ~o~z; _ .\ - _. _ 5iT =ate m'n+u. wrn¢. ro.f ~y ,: ~' ly ',., ..,.., .,,w ..., ..., .. 000014 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, Fitlan 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 Boazd of Adjustment requesting authority for variance from the provisions of the County caning 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 are 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 TIlVIE OF MEETING: Tuesday, July 6, 1993; 5:30 P.M. Commissioner's Meeting Room, Courthouse Roess, Thomas: requesting approval for a 40' front yazd setback variance, where 100' is required in the RS- 30 cane district, for construction of an addiflon to a single family residence. Property Location: Lot 10, Block 1, Filing 3, Gateway of Snowmass Mesa Subdivision; 0341 Light Hill Road. Howell, William & Barbara: requesting approval fora 79' front yazd setback variance and a 32' east side yazd setback variance, where 100' and 50', respectively, are required in the RS-30 zone district, for construction of a detached garage. Property Location: Lot 3, Block 3, Filing 2, Gateway of Snowmass Mesa Subdivision; 1591 Gateway Road. Smith, Peter & Catherine: requesting approval for an 85' arterial highway setback variance, where 200' is required, for construction of a single family residence. Property Location: Township 8 South, Range 87 West of the 6th PM, Section 12, in Government Tract 60. Swersky, David: requesting approval fora 100' front yazd setback variance and an 18' NW side yazd setback variance, where 100' and 30', respectively, are required in the AF-1 zone district, for relocation of an existing carport. Property Location: 4076 Lower River Road; Township 9 South, Range 85 West of the 6th PM, Section 6, part of Lot 7. Doerr, L. John & Annie: requesting approval fora 23' front yazd setback variance, where 30' is required in the R-30 zone district, for construction of an attached one-car garage. Property Location: Lot 37, Ridge of Red Mountain Subdivision; 52 Nighthawk Drive. Baker, William: requesting approval fora 35' front yazd setback variance, where 100' is required in the AF- i zone district, and a 100' arterial highway setback variance, where 200' is required, for construction of a detached garage. Property Location: Lot 10, Holland Hills at Basalt Subdivision; 0028 Holland Hills Road. Submitted to the Aspen Times on June 22, 1993. To Be Published in the Aspen Times June 25, 1993. County PO #301003 000015 Minutes Pitkin County Board of Adjustment Regular Meetinq July 6, 1993 Members Present: Rick Neiley, Chair Michael Cooper Bill Lukes Rod Dyer John Wheeler Evan Gull Staff: Joanna Schaffner, Zoning Enforcement Gull opened the meeting at 5:25 p.m. and introduced the Board to those present. Case 93-05. Robert F Leonard Lots 10 11'& 12 Block 5 Kistler Subdivision This case was tabled at the April 6, 1993, May 4, 1993, and June 15, 1993 meetings. Gull moved to table this case to the August 3, 1993 meeting. Dyer seconded the motion, and all were in favor. Case 93-15 Andrew Modell Lot 5 Block 2 Filin 2 Brush Creek Village Subdivision This application was tabled at the June 15, 1993 meeting. Glen Rappaport was present, representing Andrew Modell, to request a 26 foot front yard setback variance for an addition of the north side of the single family residence, and a 42 foot front yard setback variance for a deck addition of the east side of the house, where a 100 foot front yard setback variance is required in the AF- 1 zone district. Rappaport presented photographs to the Board. Gull stated that the proposed addition would increase the encroachment into the front yard setback and would exceed the 75 foot setback. He noted that either he could approve a 75 foot front yard setback, based on the AF-2 zone district requirements, or he could accept not complying with the 75 foot setback, if the addition did not encroach into the setback any more than the existing structure. Rappaport stated that he wanted to improve a specific area of the existing house, and, therefore, did not consider putting the addition on the other side of house, where it would not encroach into the setback, and added that he was trying to put the public space away from neighbor's property. oo~Ul~ There was no public comment. Cooper stated that he was an adjoining property owner, and asked if anyone objected to his voting on this case. There were no objections. Cooper moved to grant a 26 foot front yard setback variance for an addition on the north side of the existing house, and a 42 foot front yard setback variance for an addition on the east side of the existing house, due to topographic hardship and downzoning. Three members were in favor, with Gull and Lukes opposed. Motion failed. Discussion of the two separate front yard setback requests ensued. Gull stated that the topography of the site did not provide enough justification for the increased setback encroachment. Lukes moved to grant a 26 foot front yard setback variance for an addition on the north side of the existing house, and a 35.5 foot front yard setback variance for an addition on the east side of the existing house, due to topographic hardship. Neiley seconded the motion, and all were in favor. Case 93-16 Calvin Daks Lot R-45, Block 5, Starwood Subdivision This application was tabled at the June 15, 1993 meeting. Calvin Daks was present to request a 24 foot rear yard setback variance, where 30 feet is required in the AF-1 zone district, for construction of a detached garage. Daks noted that the application was tabled at the previous meeting pending receipt of a letter of approval of the variance request from the Starwood Homeowners Association. Neiley read into the record a letter from the Starwood Homeowners Association, stating their approval of the variance request. There was no public comment. Dick Fenton, a neighbor, stated by letter that he has no objection to the request. Lukes moved to grant a 24 foot rear yard setback variance, due to topographic hardship. Dyer seconded the motion. Four members were in favor, with Gull opposed. George Draper was present, representing the owner, to request a 40 foot front yard setback variance, where 100 feet is required in the 2 OYI~U~ Y RS-30 zone district, for construction of a garden shed attached to the existing garage. There was no public comment. Schaffner clarified that the front yard is considered the east side of the lot, and that a side yard setback variance was not required. Gull noted that the lot is approximately 1 acre, which is inconsistent with the zoning. Neiley moved to grant a 40 foot front yard setback variance, due to downzoning, in accordance with the plans submitted. 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 At the applicants' request, Dyer moved to table the application to the August 3, 1993 meeting. Gull seconded the motion, and all were in favor. Peter and Catherine Smith were present to request an 85 foot arterial highway setback variance, where 200 feet is required, for construction of a single family residence. Catherine Smith stated that their lot is a 4 acre lot, 2 acres of which are located on the river and up the bank on the opposite side. They received Minor 1041 Hazard Review approval for the building envelope. She noted that complying with the arterial highway setback requirement would put them in violation of the slope restrictions and in the river. There was no public comment. Gull moved to grant an 85 foot arterial highway setback variance, due to downzoning and topographic hardship. Dyer seconded the motion, and all were in favor. John Wheeler arrived at 6:05 PM. Case 93-22. David Swersky 4076 Lower River Road David Swersky was present to request a 100 foot front yard setback variance and an 18 foot NW side yard setback variance, where loo feet and 30 feet, respectively, are required in the AF-1 zone district, for relocation of an existing carport. Swersky stated that he is proposing to realign his existing carport 3 ~~~~~ to accomodate a new access to his property. The Denver & Rio Grande Western Railroad Company issued a residential yard lease to him, which permits him to lease the land from his property line to the center line of railroad tracks. He also received a direct access permit from the railroad to cross the railroad tracks from Lower River Road to access his property, which is more convenient than the current access. The carport is located in the only flat spot on the property, so he would like to turn it and leave it in the same location. There was no public comment. Swersky noted that the carport will have less of a visual impact after it is turned, and that he will no longer need to use his neighbor's driveway to access his property. Dyer moved to grant a 100 foot front yard setback variance and an 18 foot NW side yard setback variance, due to downzoning. Gull seconded the motion, and all were in favor. Wheeler did not vote on this case. Tom Stevens was present, representing the owners, to request a 23 foot front yard setback variance, where 30 feet is required in the R-30 zone district, for construction of an attached garage. Stevens stated that an application for an administrative scenic overlay review is currently being reviewed by the Planning Office. He stated that a variance was granted in 1991 to allow an 18.4 foot front yard setback, but the proposed addition was not built. The current proposal is to construct an underground attached garage to accomodate two cars. The Ridge of Red Mountain Subdivision requires off-street parking for four cars; the owners currently have four surface parking spaces, which are all visible to the neighbors. The drop in grade on the side of the house is such that only the garage door would be visible and the garage would disappear underground. On the only other buildable space on the lot, the garage would obstruct the view from and the solar exposure of the residence. There was no public comment. Neiley read into the record a letter from the following neighbors, all stating their support for the variance request: Ann and Jim Goodman, Kenneth Gutner, Albert and Shirlee Kay Myers, Donald P. Weiss, Joseph Honnberger, Heidi Bookout, Dorance and Mary Ryerse, Salvador Valencia, Maria Luisa Garza de la Mora, Edward Calesa, Plato Foufas, and Arthur Rosenstein. Gull moved to grant a 23 foot front yard setback variance, due to 00009 topographic hardship. Dyer seconded the motion, and all were in favor. Neiley did not vote on this case. Case 93-24. William Baker, Lot 10 Holland Hills at Basalt Subdivision Bill Baker was present to request a 35 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, and a 100 foot arterial highway setback variance, where 200 feet is required, for construction of a detached garage. Schaffner noted that Baker received a variance approval from the Board of Adjustment in February of 1992 (Resolution No. 92-15). Before granting the variance, the Board asked for additional information as to other setback variances granted along Highway 82 in the Holland Hills Subdivision. Research showed that a 100 foot arterial highway setback variance was generally being granted, and the Board granted that amount to Baker. Baker did not build the garage that was approved. Baker stated that the currently proposed garage is in a different configuration than the one previously approved, and was designed to take advantage of the new accessory height limit. There was no public comment. Neiley moved to grant a 35 foot front yard setback variance and a 100 foot arterial highway setback variance, due to downzoning. Dyer seconded the motion, and all were in favor. Gull did not vote on this case. **************************************************************** The meeting was adjourned at 6:45 p.m. Respectfully submitted, ~~ m~~~ ~ 11,E ~` , Suzan a L. Wolff, crST etary ~ ,~ ~ ~. ~ ~ __ Rick eiley, Chairman ®~U~i7~ ASPEN/PITKIIrI PLANNING OFFICE • 130 SouC~ Galena Street Aspen, Colorado 81611 (30:1) 920-5090 LAND USE APPLICATION FEES clTr: -63250-134 GMP/Conceptual -63270-136 GMP/Final -------- -63280-137 SUB/Conceptual -------- -63300-139 SUB/Final ~-- -63310-140 All-2 Ste P Applications ---~- -63320-141 All 1 Step Applications ~- -63330-150 Staff Approval -~- -63432-157 Zoning Plan Check ---~ -69432-157 Sign Permit ------ -00100-00000-31070 Use Tax for Sign Permits --~- HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor --~--- -63337-163 Major Devel ~- -63338-154 . Signd. Devel ~-- -63339-155 . Demolition -~- 000NTY: -~-- -63160.126 GMP/General -63170-127 GMP/Detailed ~- -63180-128 GMP/Final ~- -63190-129 SUB/General --'---- -63200-130 SUB/Detailed --~-- -63210-131 SUB/Final -------- -63220-132 All 2 Step Applications -----' -63230-133 All 1 Step Applications ------------ -63240-149 Staff Approval -~- -63450-146 Board of Adjustment / -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 00115 -63340-163 Engineering -County ~ 00123 -63340-190 Engineering -City ~- - X125 -63340-205 Housing Environmental Health -___ ------- PLANNING OFFICE SALES: O O ~ L 1 -63080-122 County Code -69000-145 Other (Copy Fees) ~~ ' ~ TOTAL ~/j c~ Name: -!.,.:% f /~7 Phone: Address: _ t~1 7,~µ,~/ ' ..~ /1n , d G'-~ ~ j, ~-_ Project: - ~-----_ J `I 3 - z Check#: l '.. /~_~~: - '----=- No of Copies: /