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PITRIN COUNTY
BOARD OF ADJUSTMENT
DATE ~"~l^~iJ CASE # `~~~'
REPRESENTATIVE " ~~Z2~r ~tR~~ PHONE 763°Q63
MAILING ADDRESS
OWNER C~.,sh+L ER,~st~'c~bier.:~' ~~v~ PHONE ~63-1~E~ ~_
MAILING ADDRESS I A^i 2.~7 D eZo 2~'S l.a tq u . CC f,3 n n.r~wYr~v~ "
LOCATION OF PROPERTY 1(~-f`(4 la-t~, ~ ~"~~ ~`13/L~7;crY.ryJ>_~-e_f~'~
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 fac//ts~in~question.
Owrier's Si nature ~ ..-<s..~- .,..~--~.z
(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:
S-3 O Zone District
Requesting: (f3,a',~ Lot Size
' Front Yard Setback Variance, where ' is required.
', Rear Yard Setback Variance, where ' is required.
`- ' ~ Side Yard Setback Variance, where / G ' is required.
~' S Side Yard Setback Variance, where L' is required.
' Height Variance, where ' is required.
Square Feet where a maximum of sq. ft. is allowed.
other: `.fY1 "oc_~oG~ "~~~O~ck vac;c~nc~ t,~;her l00' 1s re~''e~,
`'~ ~ h/
Zoning Official
Application filed ~ 1 b R ~ parcel. ID No. ?..G+`~~1`-2.(~ 0~ _~~-
Date of Meeting '~ Q
Notices Mailed Secretary ~'~-~ -~~_
Refer Resolution to Building Department ; _ ~ Yes ; _ ; No
i
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BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT
REQUESTED ZONING OR USE
PROPERTY OWNERS AFFECTED BY THE,
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:
Owner's Address:
Property Location or
Description:
March 7, 1995 at 5:15 p.m.
Council Chambers, City Hall
Crystal Equipment, Inc.
1629 Delores. Way
Carbondale, CO 81623
11444 Highway 133
Parcel 8, Gesberg Subdivision
Requesting approval for a 5' north side yard setback variance and
a 5' south side yard setback variance, where l0' is required for
a 10,237 square foot lot in the R$-30 zone district, and a 59'
major road setback variance, where 100' is required as measured
from the Highway 133 right-of-way, for construction of a single
family residence. Approval of this variance request would allow
the proposed residence to be located 5' from the north side
property line, 5' from the south side property line, and 41' from
the Highway I33 right-of-way.
VARIANCEB'GREATER qR LESB THAN REQUESTED COULD BE GRANTED.
Duration of Variance: Temporary Permanent X
THE PITKIN COUNTY BOARD OF ADJUSTMENT
~~a. ~~~
rJ Suzanne L. W f, Secretary
TOE, PITKIN COUNTY BOARD OF AD7USTMENTS
.-1
BOARD,
.._
~1~P`IE VARIANCE REQUIRED LS FOR SIDEYARD SETBACKS. DUE `TO 'tHE
(SDDEYARDS)r~ALSOFIFrREQUIREDLA140NFOOTSSETBACOK (FRONT YARRACKS
D GALL
BE 'NECESSARY).
i,
ALL SETBACKS HAVE 13ENN PREUTOUSLY APPROVED RY THE R~ARD 13UT, FOR
A Lr'IFFERENT;HOUSE AND HQMEOGIAER: _ _. -. .,
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+ RICHARD OILM~RE
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ADIACENT PROPERTY ~li1NERS
1. NORTH
MLCHAEL LEON SOUTHERLAND
1 1408 HIGHGIAY 133
CARI3ONDAL~, CO. &1623
2. SOUTH
LEE ROYD COPLAND
1745G HLGHWAY'133
CARRONDALE, CO. 81623
3. EAST AND UJ$ST
US SOREST SERVICE
P.O. ROX 309
CARI3~NDALE, CO. 81623
945-7228
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LEGA,L.,.,_DESCR,T„PT,IgN,.,,,_PARC.E,I._„S. ~ '
AMENDED, PLAT GESB,ERG SUBDIVIS.I,ON., ~~'
BEGINNING AT THE NORTHWEST CORNER OF TRACT 23, GESBERG ;
SUBDIVISION ,'RECORDED IN PLAT B(JOK 3 AT PAGE 9 THENCE S, 16 ~L2'
23" W. 31,64' (PLATTED S. 17 10' W „ 31.14'); THENCE N. 89 0,0'
53" E., 156,81' (PLATTED EAST, 156.7'); THENCE NORTH, 2.9' 70
A.P. 20 OF THE PARCEL DESCRIBED IN BOOK 71.3 AT PAGE 309; THENCE
S. 89 58' E.', 89.76' 70 A.P. 21 OF SAID PARCEL DESCRIBED IN BOOK
713 AT PAGE 3G9; THENCE EAST, 117.53' + 70 THE CENTERLINE OFfI'HE
CRYSTAL RIVER, ALSO BEING A POINT ON THE EAST LINE OF STAID PAf2CEL
DESCRIBED IN, BOOK 713 AT PAGE 3G9; THENCE N, 21 57' 40" E„ FSLONG
SAID CENTERLINE OF T1iE CRYST'FAL RIVER, 29,I5'; THENCE 4JEST,
197.64'; THENCE S, 89 02' 59" W „ 168.62' (PLATTED WEST, 183,'x"? TO
~ t~
THE TRUE pOIN7 OF BEGINNING, CONTAINING 0.235 ACRES, ALL IfJ~~'~
pITKTN COUNTY, COLORADO '
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THE'PROPERTY IS LOCATED 10.1 MLLES SOUTH bF THE STOPLIGHT AT MAIN
STREET IN CAR130NDALE ON THE EAST SIDE OF HIG"H(OAY 133. APPROXIMATELY
500 FEET PAST THE '58 MLLE'MARKER, ,
THE NOTIFACATION SIGN li1ILL RE LOCATED ON THE FENCE NESCT TO THE
DRIVEUTAY AT THE ENTRACE TO THE PROPERTY`.
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City Land Use
00113-63850-041
-63855-042
-63860-043
-63875-046
- MRO11
Aspen/Pitkin Community
Development I9epartment
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
Application Fees:
Deposit
Flat Fee
HPC
Zoning & Sidi Pemrit
Use Tax
County Land Use Application Fees:
OOI13-63800-033 Deposit
~_~
-63805-034 FlafFee
- --
-63820-037 Zoning
-63825-Q38 Board ofA3justment
Referral Fees•
00113-63810-035
OOHS-63340-163
00123-63340-190
00125-63346=205
Sales•
00113-63830-039
-69000-145
~~ ~tQ~~4
Name: _
Address `~ ''-
C`~c-Ie.; cU
County Engineer
City Engineer ' _
Housing
Enviromental Health
County Code _
Copy Fees ___ _
Other
_.
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Total__, taG
_ _ Case No: `15_ ~ o ~
Phone: ~3 No, oFCopies
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County of Pitkin
State of Colorado
The undersigned,
follows:
I,
being or
representing an Applicant before the Fitkin 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 ~~y~ 19~~~ , to the ` Y ~ -~ ~~~
day of
at least nine (9)
} AFFIDAVIT OF NOTICE BY
} ss. POSTING OF A VARIANCE HEARING
} BEFORE THE PITRIN COIINTY
HOARD OF ADJIISTMENT
being first duly sworn, deposes and says as
19
y"~dal~y efore the h'
c,• va
~,~o :y Applicant's
n~ : a~
c~~2 ;`
(Must be pasted for
~~ Subscribed and sworn to before me
this ~ 3 ~'4~day of - ~' ~ ~ ~e ,
WITNESS MY HAND AND OFFICIAL SEAL. 71a~7
My Commtssior+ ~~
My Commis ion expires:
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N ary Public's Signature
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Address
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~~3@7~8 P--779 F~~~ 6 04/2'1/95 01 :3BP FAG i OF 4 ~G
STL-VIA DAVIS F~ITF;IN COUhITY CLERF~, & RE~'°'""'DER ~O
0. 00 0. 00
RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING SETBACK RELIEF FOR CRYSTAL EQUIPMENT, INC.
RESOLUTION NO. 95-01
WHEREAS, Crystal Equipment, Inc., owner of 11444 Highway 133, is
requesting approval for a 5' north side yard setback variance, a
5' south side yard setback variance, and a 59' major road setback
variance, for construction of a single family residence; and
WHEREAS, a 10' side yard setback is required on each side for a
10,237 square foot lot in the RS-30 zone district, and 100' major
road setback is required as measured from the Highway 133 right-
of-way; 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 fallowing 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
5' north side yard setback variance, a 5' south side yard setback
variance, and a 59' major road setback variance be granted for
construction of a single family residence, as shown on the attached
plans (Exhibit "B").
WARNING: Any violation of the terms of this resolution may
result in rehearing and possible revocation.
u r '~•
~8~7?,8 P-779 P-;~'G r ~4/ ~~+~ `9:~ a 1 : jai r'u
a~~ o~l~~J95 o~'~3sP p~ a _of
Resolution No. 95-01
Page 2
The Resolution was adopted by vote of the Board of Adjustment of
the County of Pitkin, State of Colorado.
DATED• March 7, 1995 The Board of Adjustment of
• Pitkin County, Colorado
ATTEST:
~Gv~-~
Suza'ne L. Wolff, Secretary
38+Z~7,38 B-779 F!,f~ +L~4/~4/'~;, ~1 : ~tfN~ Hsu ,:; ~,., r tr
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EXHIBIT "A"
Legal Description
for property owned by
CRYSTAL EQUIPMENT, INC.
Parcel 8
Gesberg Subdivision
Pitkin County, Colorado
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NOTICE OF PUBLIC HEARING BEFORE THE PTI'KIN 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 aze 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 vaziance, as the Board of Adjustment will give serious consideration to the o~imons 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 ' ~ G: Tuesday, March 7, 1995; 5:15 P.M.
Council Chambers, City Hall
Crystal Equipment, Inc.: requesting approval fora 5' north side yard setback variance and a 5' south side yard setback
variance, where 10' is required on each side fora 10,237 square foot lot in the RS-30 zone district; and a 59' major
road setback variance, where 100' is required as measured from the Highway 133 right-of--way; for construction of a
single family residence. Property Location: 11444 Highway 133; Parcel 8, Gesberg Subdivision.
Epstein, David & Gordy, Susan: requesting approval fora 27' front yard setback variance for the second floor, a 15'
front yazd setback variance for the entry, and a 7' front yazd setback variance for a deck, where a 30' front Yazd setback
is required fora 17,413 squaze foot lot in the R-15A zone district, for a remodel and addition to an existing single
family residence. Property Location: 462 Mountain Laurel Drive; Lot 56, Block 2, Filing 2, Mountain Valley
Subdivision.
Petrol Aspen, Inc,: requesting approval for an 18' front yazd setback variance, where 30' is required in the B-2 zone
district to add one new fuel pump island. Property Location: 121 AABC; Lot 1, Block 6, Filing 1, Aspen Airport
Business Center.
Submitted to the Aspen Times on February Z1, 1995 - -------------------
To Be Published in the Aspen Times on February 24, 1995.
Piktin County PO #00113
~..,*
,:
NOTICE O1
TO ALL
ADJUSTMENT
VARIANCE
Pursuant to Pitkin County Zoning Resolution of June S, 1955, as amended, a Public Bearing will be held in the
District Courtroom, Pitkin County Court Bouse, 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 zoning Resolution.
All persons affected by the proposed variance aze invited to appear and state their views, protests, or objections.
If you cannot agpeaz personally at such meeting, then you aze urged to state your views by letter., particularly if you
have objection to such variance, as the Boazd 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: Tuesday, March 7, 1995; 5:15 P.M.
Council Chambers, City Hall
Crystal Equipment, Inc.: requesting approval fora 5' north side yard setback vaziance and a 5' south side yazd setback
variance, where 10' is required on each side fora 10,237 square foot lot in the RS-30 zone district; and a 59' major
road setback variance, where 100' is required as measured from the Highway 133 right-of--way; for construction of a
single family residence. Property Location: 11444 Highway 133; Parcel 8, Gesberg Subdivision.
Epstein, David & Gordy, Susan: requesting approval fora 27' front yazd setback variance for the second floor, a IS'
front yard setback vaziance for the entry, and a 7' front yard setback variance for a deck, where a 30' front yard setback
is required fora 17,413 square foot lot in the R-15A zone district, for a remodel and addition to an existing single
family residence. Property Location: 462 Mountain Laurel Drive; Lot 56, Block 2, Filing 2, Mountain Valley
Subdivision.
Petrol Aspen, Inc.: requesting approval for an 18' front yard setback variance, where 30' is required in the B-2 zone
district to add one new fuel pump island. Property Location: 121 AABC; Lot 1, Block 6, Filing 1, Aspen Airport
Business Center.
Submitted to the Aspen Times on February 21, 1995 -_-_-_-- --~------------------------
To Be Published in the Aspen Times on February 24, 1995.
Piktin County PO X00113
---.~r.~..... ui.i..ivcu Zil- 7:SU YM. -._~
Minutes
Pitkin County
Hoard of Adjustmaat
March 7, 1995
Members Present:
Rick Neiley
Rod Dyer
Michael Cooper
Shira Geller
John Wheeler
Bill Lukes
Ellie Brickham
Staff
Joanna Schaffner, Zoning Enforcement
Neiley opened the meeting at 5:20 p.m. and introduced the Board to
those present.
Case 95-01 Crvstal EcxuiDment Parcel 8 Gesberc7 Subdivision
Neiley did not vote on this case. Wheeler was not present.
Terry Kirk, representing Crystal Equipment, was present to request
a 5' north side yard setback variance and a 5' south side yard
setback variance, where 10' is required on each side for a 10,237
square foot lot in the RS-30 zone district; and a 59' major road
setback variance, where 100' is required as measured from the
Highway 133 right-of-way, for construction of a single family
residence.
Kirk stated that the Board granted the same variances to the
previous owner for a structure that was never built. The design
of the structure has changed, but the building footprint is the
same. The lot is only 31' wide.
Schaffner noted that the Gesberg lots are long and narrow. The
setback requirements, except the major road setback, were reduced
under the new Code. The building envelope was a
1041 hazard review process, and avoids the floodplain and ro parian
areas along the river.
There was no public comment.
Brickham moved to grant a 5' north side yard setback variance, a
5' south side yard setback variance, and a 59' major road setback
variance, for construction of a single family residence. Dyer
seconded the motion and all were in favor.
Wheeler arrived at 5:30 PM.
Neiley and Dyer did not vote on this case.