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HomeMy WebLinkAboutpitkin.boa.01.13~' PTTKIN COUNTY BOARD OF ADJUSTI~NT Application Form DA'Z'E 6/15/01 (submitted 6/8/01) CASE# ~l -~3 REPRESENTATIVE Richard Y. Neiley, sr. PHONE Neiley & Alder, -~~ MAILING ADDRESS 201 North Mill Street, Suite 102, Aspen, CO 81617 OWNER ,Tames H. Pugh 1r. PHONE MAILING ADDRESS 359 Carolina Avenue, Winter Park, FL 32789 LOCATION OF PROPERTY Lot 10, Block 1, Red Mountain Ranch Subdivision, 863 Hunter Creek Road, Aspen, CO ^81611 Any pertinent data must accompany this application/ aqd will be made part of this Case. The Board may return this application if it does not contain all the facts in aue ` Owner's or Representative's Signature be completed by Provisions of the mrting resolurion requiring the Zoning Officiai to forward this applicaion to the Board of Adjustment, and reasons for not granting a building permit Requesting: 18 'Front Yazd Setback Variance, where 30 ' is required. _' Rear Yard Setback Variance, where ' is required. ' _ Side Yard Setback Variance. where ' is required. ' _ Side Yazd Setback Variance, where _' is required. ' Height Variance, where _' is allowed. Square Feet where a ma.~cimum of_ sq. ft. is allowed. Other: Application filed 6/8/01 Refer to Date of Meeting Notices Mailed R-30 Zone District ~ 30.511 so. ftLotSize Parcel ID No. ~~ ~~ o ~ ~ ~ (~~~ Zoning OfficiSC' @6T.,~,~~y ~ , ~ Secretary ~- Richard Y. Neileg Jc, P.C. Eugene M. Alder, P.C. (970)925.9393 June 7, 2001 R~~~rar/t~ HAND DELIVERY Ms. Joanna S. Schaffner Pitkin County Community Development 130 South Galena Street Aspen, CO 81611 s JUr:OS x'01 N. r~. ,:gyn. COMMUNITY DEVELOPMENT FAX Number (970) 925.9396 Re: Application Before the Pitkin County Board of Adjustment for Front Yard Set-Back Variance; Applicant -James H. Pugh, Jr.; Property -Lot 1 Q Block 1, Red Mountain Ranch Subdivision, Pitkin County, Colorado Dear Joanna: Enclosed herewith you will tlnd an Application for Variance in connection with the above-referenced property, along with our check in the amount of $150.00 for the filing fee. As I believe notice to adjacent properties is required, I will provide you with a list of adjacent property owners no later than Wednesday, June 13, 2001. Please let me know if you need any additional documents or information. Also, I would appreciate it if you would let me know what the posting requirements are for the property. It is my understanding that you will be able to put this on the July 11, 2001 Board of Adjustment agenda. Thank you for your assistance. yours, & ALDER Y. Neiley, Jr. RYN/agk Enclosures ~0~~~7 NEILEY & ALDER ATTORNEYS 201 North Mill Street, Suite 102 Aspen, Colorado 81611 u JAMES H. PUGH, JR. ADJACENT PROPERTY OWNERS RED MOUNTAIN RANCH, LOT 10, BLOCK 1 George and Meredith Gracis P. O. Box 9129 Aspen, CO 81612 Rod and Cam Canion 5 Post Oak Place, Suite 1655 Houston, TX 77027 BOJ[ L.P. P. O. Box 588 La Jolla, CA 92038 Steve and Elyse Blechman 1 I White Pine Lane Poquott, NY 11733 William and Barbara B. Broeder P. O. Box 7815 Aspen, CO 81611 ~~~~~~ APPLICATION BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT FOR FRONT YARD SET-BACK VARIANCE Applicant/Property Owner James H. Pugh, Jr. 359 Carolina Avenue Winter Park, Florida 32789 Real Property: Lot l0, Block 1, RED MOUNTAIN RANCH SUBDIVISION, According to the Plat thereof filed for record in Plat Book 3 at Page 114, County of Pitkin, State of Colorado Representative: Richard Y. Neiley, Jr., No. 9878 Neiley & Alder 201 North Mill Street, Suite I02 Aspen, Colorado 81611 (970)925-9393 DO~O~~t APPLICATION BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT FOR FRONT YARD SET-BACK VARIANCE I. APPLICATION FOR 18-FOOT FRONT YARD SET-BACK In this Application, James H. Pugh, Jr. (the "Applicant"), seeks an 18-foot front yard set-back variance for the construction of a second story over an existing garage. The property is located at 863 Hunter Creek Road, Aspen, Colorado. There is an existing garage constructed on the property within the 30-foot front yard set-back, which was approved pursuant to Resolution No. 83- l 3 of the Board of Adjustment. The Applicant desires to remodel and reconstruct the residence on the property. The property is steep, sloping down and away from Hunter Creek Road. Access to the property is otf Hunter Creek Road. The property slopes steeply from the road down to the existing building site and then slopes steeply again away from the building site to the southwest boundary of the property. The building site is impacted on the downhill side by an existing sewer line easement. A survey of the property prepared by Aspen Survey Engineers in July of 2000 depicts the topography on the lot and the existing improvements. That survey is appended to this Application. A Preliminary Site Plan depicting the proposed reconstructed building footprint is also appended hereto. The reconstructed residence will continue to be located on the bench between the steep slopes on the lot. The structure will not encroach further into the front yard set-back. The Applicant proposes, however, to increase the structure within the set-back by adding a second story over the existing garage footprint. The second story will comply with Pitkin County height regulations. Section 7-10-030 of the Pitkin County Land Use Code authorizes the Board of Adjustment to grant a variance from the land use regulations applicable to this property where such regulations would result in practical difficulties or undue hardship upon the property owner. Subsection C.2. of that Code section expressly recognizes that topographical conditions may constitute a hardship warranting a variance. The variance maybe granted so long as it will not result insubstantial detriment to the public good or impair the intent and purpose of the Comprehensive Plan and Land Use Code. In the instant case, the topography of the property as depicted on the survey will result in hardship if the Applicant is not allowed to utilize the area within the front yard set-back presently occupied by the garage. Because development on this lot is subject to the oversight of the homeowners association architectural committee, the specific design and design elements of the proposed construction will be reviewed so as to insure no detriment to interested property owners. The Applicant's proposed development site utilizes the only logical building area on the property. oor~on5 1 Finally, the Applicant has been inti>rmed by the Pitkin County Community Development Department that development on the property is subject to scenic overlay review. This, coupled with homeowners association architectural committee review, will insure that the utilization of the 18-ti>ot area within the front yard set-back wil l be consistent with the publ is good, the Comprehensive Plan and the Land Use Code. The Applicant will present elevations for the proposed development within the set- back and photographs depicting the site and the improvements thereon at the public hearing held in connection with this Application. The Applicant respectfully requests that the Pitkin County Board of Adj ustment grant an 18-foot front yard set-back permitting the construction of a second story addition over the existing garage footprint located on the property. [I. SCHEDULE OF APPENDICES A. Proof of Ownership; B. Consent of the James H. Pugh, Jr.; C. Board of Adjustment Resolution No. 83-13; D. Preliminary Site Plan; E. Survey. ®~~~6 2 EXHIBIT "A" PROOF OF OWNERSHIP 000007 THIS DEED, made May 1, 2001, WARRANTY DEED -r;l,~,~~, . Between KENNETH E. ISRAEL and RHODA WILDSTEIN ISRAEL PITKinN COUNTY,TITLE, INC. of the County of ,State of FL, GRANTOR, BY ~Q~~ ~ ~„~ r, AND JAMES H. PUGH JR., GRANTEE ~~~' whose legal address is :359 CAROLINA AVENUE, WINTER PARK, FL, 32789 of the County of State of FL WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of wh(ch is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, alf the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: LOT 10, BLOCK 1, RED MOUNTAIN RANCH SUBDIVISION, according to the Plat thereof filed for record in Plat Book 3 at Page 114. D , ~ ' TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his .heirs and assigns, does covenant, grant, bargain, and agree to and with. the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of the presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNES W REOF the gr for as ex cuted this deed. KEN ETH E. ISRAEL ~~~~ ' ~ -~~C~~~ ~ ~~L~'L HODA WILDSTEIN ISRAEL STATE OF ~: ss COUNTY OF ~ The foregoing instrument was acknowledged before me this day of ~ I , 2001, by KENNETH E. ISRAEL and RHODA WILDSTEIN ISRAEL. WITNESS my hand and official seal f ~~ my commission expires: Notary Public +,u~w~ Roae A tle Armax * *My CamMafim CC828288 °p~~M: Expires ApAl 12, 2003 ®l~'3 li J • EXHIBIT "A" t 1. Taxes Tor the year 2001 not yet due or payable. 2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and r(ght of way for ditches or canals constructed by the authority of the United States as reserved In United States Patent recorded April 24, 1922 in Book 55 at Page 263. 3. Terms, conditions, provisions, obligations and all matters as set forth in'the Articles of Incorporation of Red Mountain Ranch Homeowners Association recorded in Book 224 at Page 329 and Amendment thereto recorded June 13, 1989 in Book 594 at Page 753. 4. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Red Mountain Ranch recorded December 15, 1966 in Book 224 at Page 347, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 5. Terms, conditions, provisions and obligations as set forth in Grant of Easements and Agreemnet recorded March 5, 1973 in Book 273 at Page 246. 6. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 18, 19661n Plat Book 3 at Page 114. 7. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded November 10, 1981 in Book 417 at Page 224. 8. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Bcard of Adjustment recorded December 7, 1984 in Book 477 at Page 842 as Resolution No. 83-13. 9. Encroachment of Driveway onto adjoining property as disclosed by Survey of Aspen Survey Engineers dated March 8, 2001 as Job No. 15295. ~~~(~~~ EXHIBIT "B" CONSENT OF JAMES H. PUGH, JR. ~00~10 OB/OS/O1 11:54 'iT8449845 EPOCH PROPERTIES r,~0pp ~` '+, f EPOCI~ PROPERTIES )r>~~~ June 8, 2001 Pitkin County Boazd of Adjustment 130 South Galena Street Aspen, CO 81611 Alm: Joanna S. Schafffier Re: Lot 10, Block 1, Red Mountain Ranch Subdivision, according to the plat thereof filed for record in Plat Book 3 at Page 114, County of Pitkin, State of Colorado Deaz Ms. Schaffner: I am the owner of the above-described real property located in Pitkin County, Colorado. Please accept this letter as my authorization for Richard Y. Neiley, Jr. and Neiley & Alder Attorneys to process an application before the Board of Adjustment seeking a front yard set-back variance for a second story over the existing garage on the property. Very ttvl~i ~-.-,^~ James H. Pugh, Jr. 1HP/emclAapen-NP/Neilry&Nder Auth Itr to Pitkin Co.doc 759 Carolina Avenac ~ Winter Purk, florida 327H9 * (407) 644A055 ~ Fax (407)644-9845 000011 EXHIBIT "C" BOARD OF ADJUSTMENT RESOLUTION NO. b3-13 ~Q~U~ :, ~ ~•~ w~ Dottie Fox moved~~that the following be adopted: BEFORE THE BOARD OF ADJUST23ENT !iOOH ~~~~ PAG~~~L OF THE COUNTY OF PITKIN STATE OF COLORADO RESOLUTION ND. 83-13 Frank Goldsmith, owner Richard Morton Lot 1C, Block I, Red Mountain Rd. WHRREA$. `he~subject property is within the unincorporated area of Pitkin ,County, COlorado;..and, wfiEREAH, ;the Hoard 'of Adjustment. is°-vested with the power to grant or deny sucn variances by virtue, of -Title~'IL,. Section 16-1.3, .Pitkin Covnty Code ~~ (Land Use Code?±and.Colorado~Revised.::Statut'es, 1973, 30-?8-118 (2 ) (C); and. "the~BOard of Adjustment makes the 6f a~ll:ddjorning ~+ .,~ ,~ ~ao uonrorthe fo a iag be ~, eallsedP,~ the a '"Slows ~ ~ FY k/1 Ki ~ ~ ~ O ~ ~ regoin >`Reso vtion. ''~'g'~ { . ~ / , Th e .iol]" ~ ~ ~ r Fy f son''m'~-"ie 'rwl+~ ~3~ k~~' ~ s~' Ma ~^ ~y - b B a ~ , y arrfi .~.l ,LUke,, '~ Da °tife F ~ + es ,... " Y .n , ~ o N ' .. ~~.~ ox yes r ta;y~ ~~ ~ ~".' ,ICrausch . r~`y' es ~~a~r,~ v ^., . sx . o'j ~~~ ~ ~ ,, ~ , , a ~~, ~a.~~, ~.,-. ~ ` d ~ ~ ri~ ~ c } r ~ ~ in- '; n~N 'zf~ ~:~ft ~.~+~ t x ~ .. r,l - .:1.. ,;.., _. ~ c~ rmn ., L~ y S m cn y The %Resolution was adopted3 Dy~vote ~$f'~the Board of Adjustm t ~ n o£ Pitkin,. State of `COloYado en of the County ,DATED: May 31,19$3 ,; Attest: ~ --~~~.mnr_...- Sec etary ~~ ^... ~90t)013 The Eoard of Adjustment of Pitkin aunty, Colorado , ` i i"//.T __, Chairman ...r'AU1#c~awss,..M. z . i. U EXHIBIT "D" PRELIMINARY SITE PLAN ~~~~1~ 0 0 G }} u N r~ h ~F~E~Ic tco ~ ~• f R ~ YA T~ f~oAO God wing °,~C. Pc 15~. STV -D •~~ r• 1p5 Apo • ~~¢xistin9 drrv~cw Iob ~ ~ qoi o dark ° qfl - a +~ ~' dd~.k N,N _ _ ~~ 85 Sd a ~ Sd 7~ 7s ~a '~ g5 ~ ~ ~o , ~ $5/ o ° ~ s ~ • ~, . go ~x ~ ~ ~ ~~ $~,5. ~ ~ r ~ ~~~~ ' ~ x __ ~ \\ ~ i / dsr .• 6 5 ,y 5 bye ~ SEc. f4 Go k u EXHIBIT "E" SURVEY ~~ Dont~~ 6 NEILEY 6t ALDER ATTORNEYS 201 North Mill Street, Suite 102 Aspen, Colorado 81611 Richard Y. Neiley, ]r., P.C. Eugene M. Alder, P.C. (970) 925.9393 FAX Number (970) 925-9396 HAND DELIVERY Ms. Joanna S. Schaffner Pitkin County Community Development 130 South Galena Street Aspen, CO 8t611 July 2, 2001 Re: Application Before the Pitkin County Board of Adjustment for Front Yard Set-Back Variance; Applicant -James H. Pugh, Jr.; Property- Lot 10, Block 1, Red Mountain Ranch Subdivision, Pitkin County, Colorado Dear Joanna: Enclosed herewith you will find ] 0 sets of the Site Plan and Elevations for the proposed residence on the above-referenced property. My client has elected not to place a second story over the existing garage footprint. The existing structure will be removed and a new one constructed. Given the fact that we will be retaining the structure as a single level garage, is it necessary to proceed with the variance hearing? We will be staying within the existing set-back encroachment. Can we simply take this to building permit? I have posted public notice for the Board of Adjustment hearing for July 10, 2001, although I am uncertain as to whether or not we are actually on the agenda. Please advise. Thanks for your help. truly yours, & ALDER Y. Neiley, Jr. RYN/agk Enclosures 00007 0 0 0 G h r y.~ 0 00 i 1 sj l~ [~~~Oi~ / ~"~ ~~ ( /~ 1 llj ~ it l~ - ~I `~~ ~'~~~I 5 1'~ // ~,~~~~~ /' ~~~~ ~ ~ y~~,~~IIJ 111 n S z ~-, ~ ~ S " ~ i; 2 ~ O O (jT T 3 ~~ ~~ .~ Z ~ ~~ ~~o~ m~W~ ~~~~ z ~~ ~~ ~ ~~ ~ .j ~o ~r~ ,~ ~ o I .~ o o~ x~ .~ ~~. 0 0 0 c~ k-+ CO C I~. j ~o~ ~ ~ t0 ~ W ~ ~ = ~~ '~ ~ ~ "'~ y=1 "'j -~ rn r rn . i ~ ~ ~ ~t d -1-.~ i~ ~~ ~~ ~~~ J ~° ~ '~ 0 0 0 0 c v ~T ~ - C3 ~ j _ ~ ~ D O ~ " : 'I ~ •C9 u~$~~ A~, Z Z~ ~~ ~ ~ n~ N S '-} 0 n y ~ ~ ~ _ R1 P Z 4 ~7.. 33 fn ~It 0 0 0 c `J F-+ ~ $ ~ ~ O ~ a ~~ T I' ~i P Q ~_~ ~[I w O~ =Nr . ~ z 3 ~~ -t ~ -~ o o ~h ~ ~ ~ O [t i ~Z 2 m Z -; ~ ~ O ~ r Z O I ~~ ~~ ~~ y r' .~ s 1A 1' N O Ti_. rw, .. 0 0 c ~J iV ~~ T~ ~~ o ~ 3 ~ ~~ g~ i ~mo _~ ZD m ~~ $m 0 V+~ 'C ~z rn rn~ 0 0 J ~~ '~J ~ ~~ 4~ ~ ~ W~ li ~. 61 ~ ~ ~ Z ~ -~ . ~ ~ ~ , ~ z t~ ~ r~ rn ~~ ~S~ ~ ~~ _s~~ m ~~ ~ 3 ~ ~ ~t 3 m ,Z z N m Q ~~m 3 ~N d -1 o ~ "' 3n' ~ ~1 „o-,z z ~' I~ i~ I~ ~ 0 C3~ ~` d ;9 p -P U1 ~~~~~ b~ o ~ , z ~ ~ rh f p ~ r ~ I- ~ N o ~ g ~ ~. z --mpp - ~ ~ ~C „o-,zt 0 0 i' 61 01 i~~ o _; uJ 0 r ,~o ; 0 n ~ a~, ~~ 7 w-~ x• ~1 ~~ I ~-- =~- (~.1 ~ N ~ x ~ o ~ ~ ~ N X ~ ~ N ~ a ~ -o I~ ~ 1/ (\ U ~I o ~ ~ Q 0 ~ ~$ ~I N -i- 0 7 .11. fi 0 O Z D i .-.-a f ilE i .,o-, ~I ~~ w~ ~' ~ o~ G~ A r r ~ 8 ~~ ~~ I~ ~o a I - ~ 0 s N W F ~ ~~ I. N~ l D~ ~ 3 -- - b oz `6 = 6' ~ A I n 4'-6"~ , ~..t- o" J ~- ~, I Ul' ,' !l.- 0 n x- -{~ ~~ O 0 0 C v o~ w ,- n ~~~gg ~ ;. C9 ~ G ~ ~ -~' ~~ m ~ ~j1 y ~~~ rn~~ --. r m r r ~~ mO X n m ~~ ~~j O ~~ .1 _ O ~ -a W~ o~~ ~ ~` N.~~ ~ O a h\ p ~ 1 t \ ~ 0~ N ~ ~ ~ to -~ ~ ~z ~ z ~t ~p C ~ N b~3 ~~ I ~' I - -• ~f ~. r k ~ ~~ wo ~ ~ a ~- X ~~~ O ~- W '~ -~~ zm~ .~ ~ .n h m NF N _ ~ D ~ - ~y m r N~ ~- ~~ Z I6 1 { L ~~ ~° I oj~ :J ~ 'S 3~~~ -i,~ `o l ~I DAB ~fADL ~'~ X _~ .~~ u m m r ~F~ \ 1 rnd~ J i J J, q /~ / g-rt~ ~ ~ / < r ~e- /" fi ~• ~'J i ~ ,~ ~ ~ ~ ~ `~~ ~ o s ~ ~. ~° 1 °' ~~ ~- n a COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 8]611 (970) 920-5090 Pitkin County L and Use: 172 Board of Adjustm 159 ent. County Land U 173 se Code Deposit 1 74 Flat Fee 162 "Coning and Sign 169 Public Notice 160 Planning Enfor cement Referral Fees: RB115 Access Permit LUCOl County Clerk 193 County Enginee 194 r Envlromnen tat Health 198 Housing 190 Land Management 196 Wildlife Officer Btilding Fees: 170 Board of Appeals 135 Building Code Sal 105 es Building Permit 100 Contractor License 120 Electrical Perm(f 195 Energy Code R i 115 ev ew Mechanical Pe 150 rmit Plan Check 1 I O Plumbing Permit 130 Reinspeclion 151 Aspen Sanitatlon 152 AVFD Fire Marshal Other Fees: 155 Use Tax 165 Copy Performance Deposit. 185 Park Dedication 186 Parking Cash in Lieu 166 GIS Maps IS GIS Requirements RB116 Road Impart Fe B1202 es Road Impact Fc B1203 e School Impact F ee TOTAL NAME. n ADDRESS/PROJECT: ;~G - CHECK#_ -~---~.__ CASE/PERMIT#~ _ DATE: r~--#OFCOPIES.