HomeMy WebLinkAboutpitkin.boa.93.25I"'1
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PITRIN COUNTY
BOARD OF ADJIISTMENT
DATE 6/28/93
Petrol Aspen, Inc. dba
APPLICANT Aspen Airport Amoco
MAILING ADDRESS 121 AABC Aspen, Colorado 81611
CASE # ~f ~ ~
PHONE 925-3533 927-4744
OWNER Christopher H. Smith
MAILING ADDRESS
PHONE 927-4744
LOCATION OF PROPERTY
121 AABC Aspen, Colorado 81611
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 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:
B2
Requesting: A~ + Zone District
_ Lot 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 Officia ) CfG u
Application filed '7 2- ~~ Parcell D No. ,x7~y3 -j~/y-03_C~~
Date of Meeting 3 ~ ?'
Notices Mailed ^7( i_yl ~( ~ Secretary
Refer Resolution to Building Department ' ' Yes ' ' No
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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: August 3, 1993 at 5:15 p.m.
Council Chambers, City Hall
Owner: Petrol Aspen, Inc.
Name and Address of Petrol Aspen, Inc./Chris Smith
Applicant: 121 AABC
Aspen, CO 81611
Property Location or Lot 1, Block 6, Aspen Airport Business Center
Description: 121 AABC
Requesting approval for a 21 foot front yard setback variance, where 30
feet is required, in the B-2 zone district, for construction of a canopy
over the two existing fuel pump islands. Approval of this variance
would allow the proposed canopy to be 9 feet from the front property
line.
VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED.
Duration of Variance: Temporary Permanent X
THE PITKIN COUNTY BOARD OF ADJUSTMENT
Suzanne L. Wo Secretary
For more information, please contact the Pitkin County Zoning Office at
920-5090.
<r
PETROL ASPENS INC.
121 ASPEN AIRPORT BUSINESS CENTER
ASPEN, COLORADO 81611
303-925-3533 303-927-4744
June 28, 1993
Pitkin County Board of Adjustment
130 South Galena Street
Aspen, Colorado 81611
Dear Board:
- -, 1
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Petrol Aspen, Inc. requests a variance from front yard set
backs for the construction and placement of a "canopy" over
the existing fuel islands.
To be a benefit to the public using our fuel islands, this
is the only location a canopy can be placed.
Thank you for your consideration.
Yours truly,
PETROL ASPEN, INC.
Gnu ~~
Christopher H. Smith
President
CHS/bl
PETROL ABPEN~ INC.
121 ASPEN AIRPORT BUSINE88 CENTER
ABPEN~ COLORADO 81611
303-925-3533 303-927-4744
June 28, 1993
Pitkin County Board of Adjustment
130 South Galena Street
Aspen, Colorado 81611
Dear Board:
Petrol Aspen, Inc. requests a variance from front yard set
backs for the construction and placement of a "canopy" over
the existing fuel islands.
To be a benefit to the public using our fuel islands, this
is the only location a canopy can be placed.
Thank you for your consideration.
Yours truly,
PETROL ASPEN, INC.
Christopher H. Smith
President
CHS/bl
i
1
LIST OF ADJACENT PROPERTY OWNERS:
JOHN MCBRIDE
303 E. AABC
ASPEN, CO 81611
PETER MACK MCBRIDE TRUST
C/O JOHN MCBRIDE
303 E. AABC
ASPEN, CO 81611
PETROL WASH, INC.
121 AABC
ASPEN, COLORADO 81611
#360984 09/ 13. 09:45 Fec ~. U~ ~ Bk:: 723 FG• q
Silvia Davis, Fitkin Cnty Clerk:, Doc 5.0~?
EXHIBIT "A"
Legal Description
for property owned by
PETROL ASPENS ZNC.
Lot 1, Block 6
Aspen Airport Business Center
Pitkin County, Colorado
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•
The undersigned parties, Petrol Aspen, Inc. ("Lessee") and Petro3 Rash, Inc. ("Lessor"), both
Colorado corporations, agree as follows:
Petrol Aspen, Inc. will master lease from Petrol Wash, Inc. the car wash building
and equipment, the commercial building and equipment, as well as the entire site,
located at 316 Aspen Airport Business Center.
Lessee shall pay $10,750 per month. Said amount is to be increased to cover any
increases in the underlying land lease with John McBride.
The term of this lease expires April 15, 2019, and may be extended based on any
extensions of the underlying lease. Either party may terminate this master lease
on 30 days notice.
4. Lessee shall be responsible for all repair and maintenance of the leased property.
Capital expenditures and improvements shall be the responsibility of lessor,
5. Lessee shall pay all operating expenses in connection with the leased property including
but not limited to car wash operating expense, all utilities, trash removal, snow removal,
grounds maintenance and insurance.
6. Lessor shall pay property taxes, mortgages and the underlying land lease.
Petrol Was Inc.
by Christopher Smith, President
Petrol A n, nc.
by Christopher Smith, President
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- PETROL WASH INC.
C/0 AMOCO
121 AAHC
ASPEN, CO 81611
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I PLANNING OFFICE
th Galena So-eet
:obredo 81611
LAND USE APPLICATION FEES
CITY:
-63250-134 GMP1Conceptual
-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 Mirror
-63337-153 Major Devel.
X3338-154 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
-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:
X3080-122 County Code
X9000-145 Other (Copy Fees)
TOTAL J
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Address: f` c s~ ~ 1 ~ J Project: ~~ `- ~~ ~ (~ ~- : ~' . ~~'
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No of Copies:
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The Aspen Airport Amoco is located in the Aspen Airport
Business Center at the intersection of Highway 82 and
the West entrance to the Aspen Airport Business Center. See
enclosed plans for further directions.
The notification sign is posted at the front of the Aspen
Airport Amoco in the window.
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#984 04/ 13!93 09:45 Fec $.. BF: 723 F'6 847
S. iia Davis, F'itk:in Cnty Cle. , Doc $.00
RESOLUTION OF THE PITRIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING SETBACK RELIEF FOR PETROL ASPEN, INC.
RESOLUTION NO. 93-25
WHEREAS, Petrol Aspen, Inc., owner of the Aspen Airport Amoco, 121
Aspen Airport Business Center, is requesting approval for a 21 foot
front yard setback variance, for construction of a canopy over the
two existing fuel pump islands; and
WHEREAS, 30 feet is required in the B-2 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
21 foot front yard setback variance be granted for construction of
a canopy over the two existing fuel pump islands, as per the plans
submitted (Exhibit "B").
WARNING: Any violation of the terms of this resolution may
result in rehearing and possible revocation.
Q~~U~~
#360984 09/13/9 •45 Rec $.00 BF:: 723 F'G 846•
Silvia Davis, Pitkin Cnty C1erF::, Doc $. 00
Resolution No. 93-25
Page 2
The Resolution was adopted by vote of the Board of Adjustment of
the County of Pitkin, State of Colorado.
DATED: August 3, 1993
ATTEST:
Suzansie L. Wolff, retary
r
000015
The Board of Adjustment of
Pitkin County, Colorado
•
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 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 [o 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, August 3, 1993; 5:15 P.M.
Council Chambers, City Hall
Dodds, Mark: requesting approval fora 35' front yard setback variance, where 100' is required in the RS-
30 zone district, for construction of a deck on an existing residence. Property Location: Township 8 South,
Range 88 West of the 6th P. M., Section 34, Tracts 108 and 109; 0285 Bill Creek Road.
Brewer, Jack: requesting approval fora 22' front yazd setback variance, where 30' is required in the B-2
zone district, for a handicapped access ramp. Property Location: Lot 1, Block 5, Aspen Airport Business
Center.
Petrol Aspen, Inc.: requesting approval fora 21' front yard setback variance, where 30' is required in the
B-2 zone district, for construction of a canopy over the two existing fuel pump islands. Property Location:
Lot 1, Block 6, Aspen Airport Business Center.
Soffer, Carol: requesting approval fora 123 square foot increase in floor area, where a maximum of 2,908
square feet of floor area is allowed, to enclose an existing balcony and add a covered porch. Property
Location: Lot 12, Filing 1, Meadowood Subdivison; 437 Meadowood Drive.
Submitted to [he Aspen Times on July 20, 1993.
To Be Published in the Aspen Times July 23, 1993.
County PO #301003
~~~~~
Minutes
Pitkin County
Board of Adjustment
Regular Meeting
Auqust 3, 1993
Members Present: Evan Gull, Acting Chair Rod Dyer
Michael Cooper Bill Lukes
Members Absent: Rick Neiley John Wheeler
Staff: Joanna Schaffner, Zoning Enforcement
Gull opened the meeting at 5:15 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, May 4, June 15, and July 7,
1993 meetings. Gull moved to table this case to the September 7,
1993 meeting. Cooper 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
William Howell was present to request a 79 foot front yard setback
variance and a 32 foot east side yard setback variance, where 100
feet and 50 feet, respectively, are required in the RS-30 zone
district, for construction of a detached garage.
Howell stated that a portion of the existing house is 22 feet from
the front property line. He stated that the Covenants for the
Gateway of Snowmass Mesa Subdivision require a 30 foot front yard
setback and a 20 foot side yard setback.
Schaffner noted that a variance was previously granted by the Board
to allow the owners to connect the garage to the house in order to
have an office in the garage.
Don Hecker, a neighbor, was present to express his concern with the
height of the garage. Howell showed him that the garage has been
downsized and is lower in height than was originally proposed.
Hecker then stated that he was not opposed to the Board granting
the variance for the revised garage.
Gull stated that the closest conforming zone district is R-30,
which requires a 30 foot front yard setback. He noted that
Howell's lot is larger than the 30,000 square foot minimum lot area
1
00004'
required for the R-30 zone, and Howell is asking for a smaller
setback than is allowed in the R-30 zone district.
Lukes noted that he would not be willing to grant less than a 30
foot front yard setback, which would comply with the R-30 zone and
the subdivision covenants.
Howell asked the Board to table his application until the next
meeting to determine if the Homeowners Association would approve
the 22 foot front yard setback.
Gull moved to table the application to the September 7, 1993
meeting. Cooper seconded the motion, and all were in favor.
Chris Smith, representing Petrol Aspen, Inc., was present to
request a 21 foot front yard setback variance, where 30 feet is
required in the B-2 zone district, for construction of a canopy
over the two existing fuel pump islands.
Smith stated that the two pump islands are currently located in the
front yard setback. He added that the canopy will be integrated
into the existing design of the station, and will be approximately
sixteen feet high and narrow, with four supporting columns.
There was no public comment.
Gull noted that a letter in the file from John McBride stated his
approval of the variance request.
Gull stated that the Amoco represents a unique use.
Lukes moved to grant a 21 foot front yard setback variance. Dyer
seconded the motion, and all were in favor.
Case 93-26 Mark Dodds Township 8 South Ranae 88 West of the 6th
P M Section 34. Tracts 108 & 109
Mark Dodds was present to request a 35 foot front yard setback
variance, where 100 feet is required in the RS-30 zone district,
for construction of a deck on an existing residence.
Schaffner stated that a variance was previously granted by the
Board and a building envelope was approved through the 1041 hazard
review process. An amendment to the building envelope was approved
to allow him to add a deck, with the condition that the deck not
extend over the ditch. She added that the deck will increase the
non-conformity of the structure within the setback.
There was no public comment.
2
OOOF)1 ~
Dyer moved to grant a 35 foot front yard setback variance, due to
downzoning. Cooper seconded the motion, and all were in favor.
Case 93-27, Jack Brewer, Lot 1. Block 5, Aspen Airport Business
Center
Ed Sabbaugh was present, representing Jack Brewer, to request a 22
foot front yard setback variance, where 30 feet is required, for
a handicapped access ramp to the Range Rover showroom.
Sabbaugh stated that the difference between the floor of the old
train depot and the outside grade is 30 inches, therefore, the
access ramp must be 30 feet long.
Schaffner noted that the structure previously received a variance
from the Board for the eaves to project into the 200 foot highway
setback. She also added that the owner is required by the
Americans with Disabilities Act (ADA) to provide a handicapped
access.
Sabbaugh noted that the handicapped access ramp could not be
located elsewhere because of the ramp and double doors that are
used to get vehicles into the showroom.
Gull stated that the ramp will have minimal structural impact and
presents a reasonable solution.
Dyer noted that the ADA requires that the handicapped access must
be located at the front entry.
There was no public comment.
Cooper moved to grant a 22 foot front yard setback variance. Dyer
seconded the motion, and all were in favor.
Case 93-28. Carol Soffer. Lot 12. Filincr 1 Meadowood Subdivision
Spencer Schiffer was present, representing Carol Soffer, to request
a 123 square foot increase in floor area, where a maximum of 2,908
square feet of floor area is allowed, to enclose an existing
balcony and add a covered porch.
Schiffer described the history of the addition to the residence to
the Board. The original architect decided to enclose the balcony
(48 square feet) and to reduce the carport (127 square feet), which
he thought would result in a net reduction in the floor area. The
plans were submitted to the Building Department, and they assumed
in good faith that there was no problem. However, the carport was
exempt from floor area calculations, and therefore could not be
used to offset the increase in floor area. Also, the carport is
now too small to be considered a carport; it is considered a roof
3
o~~U~7
overhang, a portion of which is included in calculating the floor
area. Therefore, Soffer has a net increase in floor area of 106.5
square feet.
Schiffer noted that the house was non-conforming when Soffer bought
it, and exceeded the allowable floor area by 671 square feet. The
house is finished now, but Soffer cannot get a Certificate of
Occupancy or a loan. Schiffer noted that the mistakes were made
innocently, and that Soffer would not have permitted the builders
to go forward if she had known there was a problem. He also added
that restoring the carport and balcony to their original state
would increase the footprint of the house.
King Woodward, representing the Meadowood Homeowners Association,
was present to state the Association's approval of the request.
Gull read into the record a letter from Steven R. Wickes, President
of the Meadowood Homeowners Association, noting that the Board of
Directors voted unanimously to recommend that the Board approve the
variance request.
Cooper stated that he was troubled by the precedent that would be
set by granting a variance to correct a mistake.
Schiffer noted that the alternatives are drastic, and stated that
this represents an "exceptional situation...not created by the
applicant".
Lukes stated that the impact of house is less now, but that he felt
the only justification for granting the variance was that the
Homeowners Association, which is very strict, supports the granting
of the variance.
Gull moved to grant a 123 square foot increase in floor area, due
to the minimal impact of the increase and given the endorsement of
the increase by the Meadowood Homeowners Association. Dyer
seconded the motion, and all were in favor.
****************************************************************
The minutes of June 15 and July 6, 1993 were approved as written.
The meeting was adjourned at 6:25 p.m
Respectfully submitted,
~~+~r~ni~ ~~ ~r~-~^i~i'
Suza e L. W~ cretary
4
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Rij¢k I~eiley, Chairman
Q~~~ ?0
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81671
(303) 920-5090
LAND USE APPLICATION FEES
aTY:
-63250-134
-63270-136
-63280-137
-63300-139
-63310-140
-63320-141
-63330-150
-63432-157
-63432-157
-00100-00000-31070
HISTORIC PRESERVATION:
-63335-151
-63336-152
-63337-153
-63336-154
-63339-155
COUNTY:
-63160-126
-63170-127
-63160-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
-63240-149
-63450-146
-63235-148
REFERRAL FEES:
-63360-143
00115 -63340-163
00123 -63340-190
00125 -63340-205
PLANNING OFFICE SALES:
-63080-122
-69000-145
GMP/Conceptual
GMP/Final
SUB/Conceptual
SUB/Final
All-2 Step Applications
All 1 Step Applications
Staff Approval
Zoning Plan Check
Sign Permit
Use Tax for Sign Permits
Exemption
Minor
Major Devel.
Sign'rf. Devel.
Demolition
GMP/General
GMP/Detailed
GMP/Final
SUB/General
SUB/Detailed
SUB/Final
All 2 Step Applications
All 1 Step Applications
Staff Approval
Board of Adjustment
Zoning Plan Check
Engineering -County
Engineering -City
Housing
Environmental HeaRh
County Code
Other (Copy Fees)
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