HomeMy WebLinkAboutpitkin.boa.01.17
RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING A SETBACK VARIANCE
FOR LUBERT AND ANDREA STRYER
Resolution No. 01-17
WHEREAS, Lubert and Andrea Stryer, owners of 0617 South Stanwood Drive, are requesting a 29
foot front yazd setback variance for tkre construction of a retaining wall that exceeds 30 inches in
height; and,
WHEREAS, a 30 foot front yard setback is required for this 2.63 acre pazcel in the AFR-10 zone
district; and
WHEREAS, the subject property is described as Tract 43, Stanwood Subdivision; and,
WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by
virtue of Title II, Section 7-10.30, Pitkin County Code (band 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 hazdship or practical difficulty has been established.
3. Granting such relief will not cause substantial detriment to the public welfaze and will not
substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps.
NOW, THEREFORE, BE Tl' RESOLVED by the Board of Adjustment, that a 29 foot front yard
setback variance be granted for the construction of a retaining wall as presented on Exhibits A and
B, due to topographical hazdships.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
The Resolution was adopted by vote of the Boazd of Adjustment of the County of Pitkin, State of
Colorado.
DATED: August 7, 2001
ATTEST:
Conne Bazley, 'ecretary
Pitkin County Boazd of Adjustment
The Board of Adjustment of
Pitkin County, Colorado
Pitkin County Board of Adjustment
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PITKIN COUNTY
BOARD OF ADJUSTMENT
Application Forth
DATE VUt-y ~ ~ , aOO ( CASE # ~ 1 _
REPRESENTATIVE /'IL CUnruaN~i-rim PHONE IZ~'~~~0~
MAILING ADDRESS DZ 8C~ ~ . G0~7 LJJ• ~~CIiT• GO • ~f l62 ~
OWNER l~U3~IeT a r'INV2cF1 ~ ~i/2~/E.2
MAILING ADDRESS
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LOCATION OF PROPERTY
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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. ~/ /~ ~ y
Owner's or Representative's Signature ~u^'-`•/~ ~~+~~~.--_ ~~ e~ce-
(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:
y ~J (~ Zone District
Requesting: a~(p"~ ~ LotSize
~ Q 'Front Yazd Setback Variance, where ~ ' is required.
' Reaz Yazd Setback Variance, where ' is regtrired.
' _ Side Yazd Setback Variance, where ' is required.
' _ Side Yazd Setback Variance, where ' is required.
'Height Variance, where ' is allowed.
Squaze Feet where a maximum of _ sq. ft. is allowed.
Other:
Application filed ~-~~-C~
Refer to
Date of Meeting ~(- ~-p ~
Notices Mailed
Parcel [D No. ~ b~ J 3 S I ~ 3 ~~
Zoning Ofticia
Secretary i
000004
• MINUTES .
of the Pitkin County Board of Adjustment
Tuesday, August 7, 2001
Plaza One Meeting Room
Members Present: Michael Cooper (chair)
Rick Head
Jim Rifkin
Deanna Olsen
Bob Throm
Jack Hunt
Staff Present: Conne Bazley, Pitkin County Zoning Tech
Angela Rishel, Recording Secretary
Staff Absent: Joanna Schaffner, Pi[kin County Zoning Officer
I. NEW BUSINESS
Michael Cooper called the meeting to order.
Ol-9 Rocky Mountain Natural Gas/Kinder Morgan: Southeastern corner of Hwy 82 and Brush
Creek Road Intersection on CDOT property.
Requesting an Arterial highway setback vaziance where 200 feet is required from the Highway 82 right-of-
way for the installation of equipment in the RS-20 PUD zone district.
The applicants submitted the affidavit of posting.
Connie Bazley, standing in for Joanna Schaffner, gave a brief presentation of the application as outlined
above. She stated that there were no letters of objection from [he surrounding neighbors. Bazley noted that
the applicants have already been through the 1041 approval process.
Jay Fowler and Jim Crowley, the applicant's representatives, introduced themselves and briefly stated that
the request is to expand the existing facility.
Rifkin stated that the necessity and hardship are quite apparent. He noted that his concern was that the
fencing material be an appropriate color and style to blend in with the surrounding azea.
Throm suggested that in future applications the dimensions should be noted on the plans.
There was discussion regazding the applicable hardship. The members agreed that this was a public safety
hazdship.
Motion: Rifkin moved to approve Case Ol-9 as presented based on a public safety hardship. Cooper noted
[hat in addition to the public safety hazdship, there were topographical hardships and the impact from the
arterial highway is less than it was before. Rifkin accepted [he addition. Head seconded the motion.
Members Rikin, Cooper, Head, Olsen, and Throm voted unanimously in favor of the motion.
O1-17 Lubert and Andrea Stryer: Tract R-43, Starwood Subdivision AKA: 0617 S. Starwood
Drive, Aspen.
Requesting a 29 foot front yard setback variance where 30 feet is required to construct a retaining wall that
exceeds 30 inches in height on this 2.63 acre lot in the AFR-10 zone district.
Cooper noted that there were no letters of objection from the surrounding neighbors.
There was a letter in favor of the application from Bill Lukes, of the Starwood Homeowners Association.
All members present took a moment to read the letter.
~JOO(~O5
• MINUTES •
of the Pitkin County Board of Adjustment
Tuesday, August 7, 2001
The applicants, Lubert and Andrea Stryer introduced themselves. They presented photos of the driveway,
for the benefit of the members, depicting the current retaining wall in the current mn-down condition.
Cooper noted for the record, that the roads within the Starwood Subdivision are private and that the
homeowners not only pay to maintain these roads, but also for their fire protection.
Motion: Jack Hunt moved to approve Case 01-17 as submitted. Head seconded the motion. Aitken added
that this was based on the demonstration of a topographical hazdship. Hunt accepted this addition.
Members Hunt, Head, Rifkin, Olsen, Throm and Cooper voted unanimously in favor of the motion.
01-18 Joyce Amico & Dr. Charles Malkemus:
(Tabled until September)
01-20 Alexis Karolides and Douglas Hill: Lot 9, Block 4, Filing 2, Gateway of Snowmass Mesa
Subdivision
Requesting a 30 foot front yard setback variance and an 8 foot front yard setback vaziance where 30 feet is
required for the constrnction of driveway improvements that exceed 30 inches in height and for the
construction of a single family residence respectively, on this 1.6 acre lot in the R-30 zone district.
The applicants submitted the affidavit of posting.
Bazley noted that two of the eight letters that aze required to be mailed to the surrounding neighbors were
returned by the post office with "no -mail receptacle" noted on them. There was some discussion
regarding who is responsible for mailing the letters. It was agreed that the community development holds
the responsibility for checking for appropriate addresses as well as for mailing the letters.
The applicants, Alexis Kazolides and Douglas Hill, introduced themselves as well as two neighbors, John &
Ellen Janka who joined them at tonight's meeting. Hill noted that of the two letters that were returned, the
most important is from Armstrong, the neighbor that has property adjoining their property. Hill stated that
there is a letter from Armstrong who is aware of and in support of their application.
Karolides pointed out the location of the encroachment as indicated on a map provided as well as the
location of the driveway. She noted that this is a topographic hazdship because they have to break the
thirty-inch mle. She stated that they aze proposing to move the buildings lower onto the site so that they
can have a more gradually sloping driveway for safety issues. By moving the house lower on the site, they
are actually saving topography that holds the hillside together. She noted the house also encroaches eight
feet into the thirty-foot setback. Hill noted that they aze concerned about any degradation to the vegetation
because it will encourage and cause more sliding of the hill, which would affect the entire neighborhood
above it.
(lots of sidebar conversations going on, too difficult to pick up comments on tape or at the meeting. sorry)
Bazley noted that Eylar, the County Engineer, had approved the driveway
Throm asked if the fire marshal had made it up to the site. The applicants responded that the fire marshal
had approved of the application, but they did not have a letter reflecting this.
Motion: Rifkin moved to approve Case 01-20 as submitted based on a topographical hardship. Throm
seconded the motion. Members Rifkin, Throm, Head, Hunt, Cooper and Olsen voted unanimously in favor
of [he motion.
HI. OLD BUSINESS
• Minutes: July 11, 200
Head moved to approve the minutes of July 11, 2001. Rifkin seconded the motion. Head, Cooper, Rifken,
Throm and Olsen voted unanimously in favor of the motion.
ooaoo6
• MINUTES •
of the Pitkin County Board of Adjustment
Tuesday, August 7, 2001
Motion to Adjourn: There being no further business before the Board, Head moved to adjourn. Throm
seconded the motion. Head, Cooper, Rifken, Throm, Hunt and Olsen voted unanimously m favor of [he
motion.
The members agreed to meet again on September 11, 2001, instead of September 4, 2001, because of the
Labor Day holiday.
Respectfully submitted,
a1 C,~~L~~~
Angela shel, Recording Secr
~, 2001
Dale
Approved as submitted,
Appro ed ith noted changes(s)
i
Mich e o er, iair
~J / 7 , 2001
Date
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LUBERT AND ANDREA S. STRYER
0617 SOUTH STARWOOD DRIVE
ASPEN, COLORADO 81611
970 544-9776
July I1, 2001
Pitkin County Boazd of Adjustment
Attn: Joanna Schaffner
130 South Galena
Aspen, CO 81611
Deaz Sirs:
We aze writing to request a variance to enable us to replace a wooden retaining wall
on the downhill side of our driveway with a concrete retaining wall that will be located three
feet further away from the road. The wooden retaining wall is old and dangerously close to
failing. The extra three feet at the top of the drive will make the access safer. The retaining
wall will be within 1 foot of the property line at the closest point and within 12 feet at the
farthest point.
As shown on the attached drawing and survey map, the proposed concrete retaining
wall will be 66 feet long and 12 feet high. The wall will be less than one foot above grade on
the driveway side. The concrete will be tinted with an earth color so that it blends with the
ground. A color sample has been provided. The new retaining wall, like the current one, will
be unobtrusive.
We hope that the variance will be granted so that we can remedy a hazardous retaining
wall. Thank you for your consideration of this request.
Sincerely,
~~ ~17,
Lubert Stryer
~lca./~. 0~~^y~J
Andrea S. Stryer 0
OOOU08
Sent By: {William Lukes + Associate 970 920 6986;
3 August 20D1
Joanna Schaffner
Pitkin County Community Development Department
130 South Galena
Aspen, Colorado 81611
re: sr Residence / Stanwood Lot R-43
',.,, ~oufh Stanwood Drlve
Joanna:
Aug-3-01 5:55PM; Page 1/1
W ILLI4M LY[SS • •SSO CI~T[S
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Meg Haynes, Chairman of the Stanwood Homeowners Association Board of Trustees, asked me to write
you as Starwood's architectural advisor regarding Lubert and Andrea Stryers request for a County
variance to re-build the retaining wall along the side of their driveway. Although I have not received a
copy of the notice regarding the hearing, I under that the Pitkin County Board of Adjustment is going to
hear this application at their August meeting next week.
The Stanwood Homeowners Association granted an administrative [final] approval to the Stryers for their
request to build a colored concrete retaining wall just downhill of the existing tie wall, and to widen the
fuming radius at the head of the drive for safety reasons. As I'm sure you know, the approach angle is
quite acute and there is not much room for error. In addition, the Association approved the installation
of a bumper height guardrail along the retaining wall for safety purposes.
Due to the significant change in grade from one side of the wall to the other, any retaining wall would
violate the 30" height rule in the front setback and the Association therefore supports the Stryers' request
for this variance based on this topographical condition. The driveway will not be significantly different
than it has been for many years, and the Stryers' plans were careful to minimize damage to existing
vegr`-
Please forward this letter to the Board of Adjustment as support from the Stanwood Homeowners
Association for the requested variance.
Cordially,
taw 1
William t,ukes AIA
Architectural Advisor to the Stanwood Architectural Committee
copies: Meg Haynes r.,,, o,„t:, uox N, 59
Julia Johnston
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AI Cunningham
From: "AI Cunningham" <alc@sopris.net>
To: <jolene@sopris.net>
Sent: Wednesday, July 11, 2001 4:15 PM
Attach: Mvc-033f.jpg; Mvc-028f.jpg; Mvc-029f.jpg;
Subject: photos
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Mvc-030f.jpg; Mvc-031f.jpg; Mvc-032f.jpg; Mvc-027f.jpg
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Current wooden retaining wall
Stryer
0617 S. Starwood Drive
Aspen
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Current wooden retaining wall
Stryer
0617 S. Starwood Drive
Aspen
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Exhibit "A"
Lubert and Andrea S. Stryer
0617 South Stanwood Drive
Aspen, CO 81611
Legal Description of Property
Tract 43, Stanwood Five Subdivision
As Shown on the Replat of Lots R-43 and
R44 Stanwood Five Subdivision, Recorded
Januazy 5, 1979 in Plat Book 7 at Page 51
Pitkin County, Colorado
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Lubert and Andrea S. Stryer
0617 South Starwood Drive
Aspen, CO 81611
ADJACENT PROPERTY OWNERS
R-65/66
Eleanor Brickham
P.O. BOX 167
Aspen, CO 81612
R-45
Daks Family Trust
0889 South Starwood Drive
Aspen, CO 81611
R-54, R64
Sally Field Trust
c/o Paragon Business Manaagement
Attn: Michael Harris
311 N. Robertson Blvd. -Suite 900
Beverly Hills, CA 90211
R-42
F. George Robinson, Jr.
1845 West Dartmouth Ave.
Denver, CO 80110
R-44
Peter R. Serrao Family Partnership
3825 Ocean Drive
Corpus Christi, TX 78411
R-85
Andrew Simcock
Vicki Cunningham
3700 East Willamette Lane
Greenwood Village, CO 80121
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00002
County of Pitkin } AFFIDAVIT OF NOTICE BY POSTING
} ss. OF A VARIANCE HEARING BEFORE
State of Colorado } THE PITIQN COUNTY BOARD OF ADJUSTMENT
The undersigned, being first duly swom, deposes and says as follows:
I Luber I ~J~(ytf.
being or representing an Applicant
before the Pitlcin County Boazd 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
-K
the said sign was posted and visible continuously from the 2~'
-7 ~Ft. ~ 20o I
to the / day of ~k u J ,1~Q
before the hearing date).
day of u,~ X2001
(Must be posted for at least nine (9) full days
~~~~..~~
Applicant's Signature
Subscribed and swom to be~c~re me this ~ ~7H
day of ~{JGVS7 ,~ ,by ~,k~er1- JtYyc„~
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires: (-2 j - 7
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Notary Public's Signature
vtf
Address
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~~~~
000022
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 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. A VARIANCE GREATER THAN OR LESS THAN THAT
REQUESTED COULD BE GRANTED.
DATE AND TIME OF MEETING:
LOCATION OF MEETING:
Tuesday, August 7, 2001; 5:15 P.M.
Commissioner's Meeting Room
Pitkin County Courthouse
506 East Main St., Aspen, CO
Rocky Mountain Natural Gas: requesting an arterial highway setback variance, on the Southeast
Intersection of Brush Creek and Highway 82 on this RS-20 PUD zone district.
Property Description: Southeasterly of Hwy 82/ Brush Creek Intersection on CDOT property.
Alexis Karolides and Douglas Hill: requesting a 30 foot front yard setback variance and an 8 foot front
yard setback variance where 30 feet is required for the construction of driveway improvements that
exceed 30 inches in height and for the construction of a single family residence respectively, on this 1.6
acre lot in the R-30 zone district.
Property Description: Lot 9, Block 4, Filing 2, Gateway of Snowmass Mesa Subdivision
Lubert and Andrea Stryer: requesting a 29 foot front yard setback variance where 30 feet is required to
construct a retaining wall that exceeds 30 inches in height on this 2.63 acre lot in the AFR-10 zone district
Property Description: Tract R-43, Starwood Subdivision aka: 0617 S. Starwood Drive, Aspen.
Joyce Armco & Dr. Charles Malkemus: requesting a front yard setback variance where 50 feet is
required to construct a swimming pool, landscape improvements that exceed 30 inches in height, and a
structure containing a wetbar, on this 5.022 acre lot in the AFR-10 zone district.
Property Description: Lot 6, Aspen Oaks Subdivision aka: 477 Aspen Oak, Aspen.
Submitted to the Aspen Times on July 24, 2001
To Be Published in the Aspen Times on July 27, 2001
000023
AGENDA/MEMO
PITHIN COUNTY BOARD OF ADJUSTMENT
August 7, 2001
5:15 P.M.
Commissioners Meeting Room
Pitkin County Courthouse
New Business
Ol-9 Rocky Mountain Natural Gas: requesting an Arterial Highway setback variance where 200 feet is
required from the Highway 82 right-of-way for the installation of equipment in the RS-20 PUD zone district.
Property Description: Southeastern corner of Hwy 82 and Brush Creek Road Intersection on CDOT
property.
01-17 Lubert and Andrea Stryer: requesting a 29 foot front yard setback variance where 30 feet is required to
construct a retaining wall that exceeds 30 inches in heighton this 2.63 acre lot in the AFR-10 zone district
Property Description: Tract R-43, Starwood Subdivision aka: 0617 S. Starwood Drive, Aspen.
01-20 Alexis ICarolides and Douglas Hill: requesting a 30 foot front yard setback variance and an 8 foot front
yard setback variance where 30 feet is required for the construction of driveway improvements that exceed
30 inches in height and for the construction of a single family residence respectively, on this 1.6 acre lot in
the R-30 zone district.
Property Description: Lot 9, Block 4, Filing 2, Gateway of Snowmass Mesa Subdivision
TABLED, SEPTEMBER MEETING: 01-18 Joyce Amico & Dr. Charles Malkemus: requesting a
front yard setback variance where 50 feet is required to construct a swimming pool, landscape
improvements that exceed 30 inches in height, and a structure containing a wetbar, on this 5.022 acre lot
in the AFR-10 zone district.
Property Description: Lot 6, Aspen Oaks Subdivision aka: 477 Aspen Oak, Aspen.
OLD BUSINESS
Minutes
Please be prepazed to approve or make changes to the following minutes:
July 11, 2001
PLEASE CONTACT CONNE BAZLEY AT 920-5099, IF YOU ARE UNABLE TO ATTEND
THE MEETING.
~~~~vY
NOTICE OF PUBLIC HEARING TO ADJACENT PROPERTY OWNERS
BEFORE THE PITKIN COUNTY BOARD OF ADNSTMENT
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 to consider
an application filed with the said Boazd 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 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.
THE PARTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE AREAS
FOLLOWS:
Date and time of meeting: Tuesday, August 7, 2001; 5:15 P.M.
Location of Meeting: Commissioners Meeting Room
Pitkin County Courthouse
506 East Main St., Aspen, CO
Owner: Stryer, Lubert and Andrea
Owner Address: 0617 S. Starwood Drive, Aspen, Colorado 81611
Subject Property: Tract R-43, Starwood Subdivision
Requesting a 29 foot front yard setback variance where 30 feet is required to construct a
retaining wall that exceeds 30 inches in height on this 2.63 acre lot in the AFR-10 zone district
VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED.
Duration of Variance: Temporary
Permanent X
For inquires please contact Joanna Schaffner, Zoning Officer, Community Development
Department, 130 S. Galena St., Aspen (970) 920-5105.
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159 Co and ofgdlustrnent ~J\~l~~
173 unty Land Use de ~~
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189 Zoning and Sign - _ ~
160 Riblic Noh'ce ~
Planning Enforcement ~ -~
RB115 Referral Trees:
LUCOj Access Permit
193 County Clerk
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194 County Engineer ~_ _ ~_
1198 Hm singmental Health
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196 W ~alManagemenl ~ ~-
c Otficer --_
170 Bw~a~ng Fees: -~-
*~ 135 Board ofAAPeals --
'~:a 105 Building Code Sal
100 Bwlding permit es
120 Contract°r License
195 Electrical Permit ~
115 Mec rte, Code Review -
l~p hanical Permit
0 Plan Chec =
130 Plumbing ermi[ ~
1~1 ReinsPeetion
152 Pen Sanitation -~
• AVFD Fire Marsha]
155 Offer Fees:
1-65 Use Tax
COPY
185 Park Ded ode Deposit
166 C1S~ng Cash in Lieu
IS Maps
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RB116 ~quirements -
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