HomeMy WebLinkAboutpitkin.boa.93.24
PITRIN COIINTY
BOARD OF ADJIIBTMENT
DATE
U
CASE # ~ ~' `~
APPLICANT Wlu \aM ~. $AKS2 PHONE 92'l- So°1$
MAILING ADDRESS dOZB Not_u4h1'O Hll-~-s ~D
OWNER V/\.a..wM H• ~ E¢\icn W. (3w\KF'rL. PHONE R2'i- 8cs'Sf
MAILING ADDRESS
LOCATION OF PROPERTY Ho\y.Anlo !! \ ~s ll'[' t~3os.~_-r Suc3.
LET \O
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 quest;on. ~
Applicant
(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:
fr.i Zone District
Requesting: /..`~.,ti Lot Size
;c cz~ =
X3`7 ' Front Yard Setback Variance, where I~~~ ' 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 /F~e_et whe1rel'a' maximum of sq. ft. is allowed.
Other: _~UC ~ /1V ~w ~C~1 Y1"IC'~\1n.iil~, ~7~' ~~~'C~ 1,~: ~l~'..~ :~~, ~ /S
Yc~cx~~.;re~~
Zoning Official c ;~~, ~: ~,~
Application filed ~~~~h `~_'> Parcel ID No. ~;yu / -.~C 1 -C . -C'G
Date of Meeting (r cj ~ _
/. /~,
Notices Mailed (= LZ ~ 7 Secretary •! ~'-~ rah +•: ~ ~ ' ~.
Refer Resolution to Building Department i _ ~ Yes ;~i No
fr-t ~~
NOTICE OF PIIBLIC 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:
July 6, 1993 at 5:15 p.m.
Commissioner's Meeting Room,
Pitkin County Courthouse
William & Erika Baker
William & Erika Baker
0028 Holland Hills Rd.
Basalt, CO 81621
Lot 10, Holland Hills at Basalt
Subdivision
Requesting approval for 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. Approval of this variance
would allow the proposed garage to be 65 feet from the front
property line and 100 feet from Highway 82.
VARIANCES GREATER OR LESS THAN REQUESTED COIILD BE GRANTED.
Duration of Variance: Temporary Permanent ~
THE PITKIN COUNTY BOARD OF ADJUSTMENT
C~,
Suzanne L. Wol Secretary
~ Y.
June 21, 1993
Pitkin County Board of Adjustment
c/o Pitkin County Planning Office
130 South Galena
Aspen, Co. 81611
RE: Lot Line Setback
Variance Application
Lot 10, Holland Hills Subdivision
Ladies and Gentlemen:
This application concerns a 1488 sq. ft. garage/shop addition to
an existing residence at 28 Holland Hills Road. The addition is
the first of a two phase project which will eventually involve
connecting the proposed garage/shop to the existing house. The
change in the county regulations regarding accessory buildings
has prompted the change from the previous variance application
dated 2/10/92.
Your thoughtful consideration and approval of our variance
request would be greatly appreciated. Thank you.
Sincerel ,
Bill BakerL~
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-63250.134 GMP/Conceptual
-63270.136 GMP/Final
X3280.137 SUB/Conceptual
-63300.139 SUB/Fnal
-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 bevel.
-63338-154 Signil. bevel.
-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/Foal
-63220-132 All 2 Step Applications
-63230.133 All 1 Step Applications
-63240-149 Staff Approval
-63450-146 Board of Adjustment ~~•`'c'
-63235-148 Zoning Plan Check
REFERRAL FEES:
-63360-143 Engineering- County
00115 X3340-163 Engineering-City
00123 -63340-190 Housing
00125 -63340-205 Environmental Health
PLANNING OFFICE SALES:
-63080-122 County Code
-69000-145 Other (Copy Fees)
TOTAL ,5a - ov
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~ 7- 8098
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Name: PI,«,e:
Addreae: Ooa4 +lollQ nd l~lis P„~t. $oA 3~.~y (,,~3
cne~k st: ~ ~ Date: f. !° ~~ ? No cf copes: ~
LAND USE APPLICATION FEES
CfTY:
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County of Pitkili } AFFIDAVIT OF NC~~'ICE BY
} ss. POSTING OF A VARIANCE HEARING
State of Colorado } BEFORE THE PIT~:~N COi1NTY
BOARD OF ADJDSTMENT
The undersigned, being first duly sworn, deposes and says as
follows:
I, ~L~i~a,nn ~. C3p.~2 , 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 can the subject
property (as it could be seen from the nearest publ?c way) and that
the said sign was posted and visible continuously from the
day of Si,~~~ ZCP , 19~_, to the
day of S"~.~.~.~ (o 19~_. (Must be posted for
at least nine (9) full days before t r' at
-,,t...~. __ .. .
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°~ Applicant' Sigq~ature
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.~'~-` :._ ,._ , Subscribed and swor~?~ to before me
K ~;. ~~;, this ~°V._ day of ~.~~~- ,
,:. ..-~ .
i ~';-~~,~ T'
=~Y-~. ,~~r ' WITNESS MY HAND AND +~;FFICIAL SEAL.
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`~'-`^ ~•` My Commission a pires : {~.9y Cas~nm~~~~~~ ~.~~~r~~ ~~
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RESOLUTION OF THE PITRZN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING SETBACR RELIEF FOR WILLIAM BAKER
RESOLUTION NO. 93-24
#359454 0 ~ /C9/93~ 33 IRec $, UO Bk:: 719 F'G 66•
Silvia Davis, F'it4::in Cnty Clerk, Doc $.cii_~
WHEREAS, William Baker, owner of 0028 Holland Hills Road, is
requesting approval for a 35 foot front yard setback variance and
a 100 foot arterial highway setback variance, for construction of
a detached garage; and
WHEREAS, a 100 foot front yard setback is required in the AF-1 zone
district and 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 ZT RESOLVED by the Board of Adjustment, that a
35 foot front yard setback variance and a 100 foot arterial highway
setback variance be granted for constructioh of a detached garage,
due to downzoning, as per the plans submitted (Exhibit "B").
WARNING:
Any violation of the terms of this resolution may
result in rehearing and possible revocation.
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#359454 O ~ /9/93 • ;3 Fiec $, 00 BF:: 719 PG 663
Silvia Davis, F'itk.in Cnty Clerk., Doc 7.p~~
Resolution No. 93-24
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:
Suzan e L. Wolff, retary
~~~011
The Board of Adjustment of
Pitkin County, Colorado
/ •
#3°i9454 pr/?9, 1~~:33 Rec ~.+~~? B1::: 719 F6 ~4
Silvia Davis, F'itF::in Cnty Cler4::, Doc $.+?O
EXHIBIT "A"
Legal Description
for property owned by
WILLIAM BARER
Lot 10
Holland Hills at Basalt Subdivision
Pitkin County, Colorado
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#3594,=14 ~>f/~9/93 11?: 33 Rec 3.. 0U BF:: 719 F'G 665
Silvia Davis, F'i tkin Cnty C1 er F::, Doc $.t~U
Jhli'RI~VP;ME"1'1' 1~UCATI0N CF,RTIPICATF,
('I`:1.1 s i s noC n (`ro~erty "+urveY)
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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 Pitldn 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 Boazd of Adjustment requesting
authority for variance from the provisions of the County caning Resolution.
All persons affected by the proposed variance are mvited to appear 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,
particutazly 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 TlME OF MEETING: Tuesday, July 6, 1993; 5:30 P.M.
Commissioner's Meeting Room, Courthouse
Roess, Thomas: requesting approval fora 40' front yazd setback variance, where 100' is required in the RS-
30 zone district, for construction of an addition to a smgle family residence. Property Location: Lot 10,
Block 1, Filing 3, Gateway of Snowmass Mesa Subdivision; 0341 Light Hill Road.
Howell, Wiliam & Barbara: requesting approval fora 79' front yard 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 yard setback variance and an 18' NW side yazd setback
variance, where 100' and 30', respectively, aze 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-
1 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 Bills Road.
Submitted to the Aspen Times on June 22, 1993.
To Be Published in the Aspen Times June 25, 1993.
County PO #301003
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Minutes
Pitkin County
Board of Adjustment
Regular Meeting
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.
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.
1
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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.
Case 93-19 Thomas Roess Lot 10 Block 3 Filing 2, Gateway of
Snowmass Mesa Subdivision
George Draper was present, representing the owner, to request a 40
foot front yard setback variance, where 100 feet is required in the
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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.
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 Swersk 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 100
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
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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
4
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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,
Suzan, e L. Wolff, "crS`e etary
1~~~ ,
%~. ~ ~ / ,
Rick ~Ieijey, Chairman
o~~,~g
ASPEN/PITKIN PLANNING; OFFRCE
130 South Galena Stroet
Aspen, Colorado 8161 ^. •
(303) 920-5090
LAND USE APPLICATION FEES
aTY:
-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
-63330-150 Staff Approval
-63432-157 Zoning Plan Check
-63432-157 Sign Permit
-00100-00000-31070 Use 7axforSign 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
-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 r1 oZ•~
-63235-148 Zoning Plan Check
REFERRAL FEES:
-63360-143 Engineering-County
00115 -63340-163 Engineering - Ciry
00123 -63340-190 Housing
00125 -63340-205 Environmental HeaRh n (~ (~ (~~
PLANNING OFFICE SALES:
-63080-122 County Code
-69000-145 Other (Copy Fees)
TOTAL -t'j a. o0
Name: ~i I (~nKu Phone: P7 0~9 O
Address: OQag T7G I'Q (1 d N, f I s Project: ~0~~R ~ u\~ ~~ j ~ 7 3
i l ol/; v
Check#: ' ~ Dale:=,' ~~- ~ - No of Copies: /