HomeMy WebLinkAboutpitkin.boa.95.17;:
PITKIN COIINTY
BOARD OF ADJUSTMENT
DATE May 24, 1995 CASE # ( ~~l/~
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REPRESENTATIVE none PHONE
MAILING ADDRESS
OWNER A. J. a'nd Germaine K. Dietsch PHONE 923-1230
100 PUPPY S. ... ..._. .. ,. ._.
MAILING ADDRESS mith Street, Aspen, CO 81611-1451
LOCATION OF PROPERTY 0119 Little Texas Lane, Pitkin County, Colorado
Any pertinent data must accompany"this application, ahd will be
made part of this Case. The Board may return this application if
it does not cohtain all the, facts n~ques®ion. ~
Owner's Si
A./J/ Dietsch Germaine K. Dietsch
(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:
~('i-lU Zone District
Requesting: Z)~ Lot Size
't ' Front Yard Setback Variance, where 3! 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:
Zonin/aOfficial~j~~ ie.~-~:2~ 1~.r'RJ~.a~
Application filed ~ ~Z 9S~ ParceY ID No. Z-~~~3-~~2~-b~ -D~~
Date of Meeting G( l ~/ GG //,,
Notices Mailed ~/ ~ Secretary O'~-L' ~B'~f~- ~vV
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Refer Resolution to Building Department ~ _ ; Yes ; - ; No
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NOTICE OF PUBLIC HEARING TO ADTACENT PROPERTY OWNERS
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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 applicatron filed with the,sad 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 aze urged to
state your views by letter, particularly if you have objection to such vanance, 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:
July 11 1995 at 5:15 p.m.
Commissioners Meeting Room
Courthouse Plaza, 530 E. Main St
A. J. & Germaine Dietsch
100 Puppy Smith St.
Aspen, CO 81611
Property Location or 0119 Little Texas. Lane
Description: A parcel of land in Section lb, Township 9 South, Range
85 West of the 6th P.M.
Requesting approval fora 20' front yazd setback variance, where 30' is required fora 21,987
square foot lot in the AFR-l0 zone district, for construction of a detached garage with a second
story caretaker dwelling unit. Approval of this variance request would allow the proposed
garage and cazetaker unit to be located l0' 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
C/ ti~Q,~ l/ V 't
Suzanne L. W'o f, Secretary
130 S. Galena Street, Aspen, CO 81611
(970) 920-5093
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A. J• and, Germaine K,_I)ietsch
100 Puppy Smith Street.
Aspen, CfJ 81611-1451,,. _
May 24, 1995
Pitkin County Board. of Adjustment "' ''
Aspen, CO 81611
Ladies and Gentlemen:
The undersigned, owners of Lot 20, Little Texas Subdivision (Section 16,
T9S, 1258W), hereby appeal to the Pitkn County $oard of Adjustment for
a variance from strict application of zoning regulations, The reason is a
non-conforming lot size. We previously obtained a variance for aone-` `
story 'garage. After such date,' the Board of County Commissioners
changed the land use. code to permit a detached deed-restricted employe
unit to be built over the garage. A variance is needed for. atwo-story
garage/employee uiut to be located in the same location.
Sincerely, '
~~~~ ~~
Germaine K. Dietsch~
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LIST OF ADJACENT PROPERTY OWNERS ,
TO
0119 LITTLE TEXAS LANE
Sharon Hrubes and Gary Lee Evans
3503 Bristol Road
Amarillo, TX 79109
Sandra Francis
129 Free Silver Court
Aspen, CO 81611
Duane A. Dumire
P. O. Box 5151
Aspen, CO 81612
Woody Creek Development Co.
c/o Dr. J. Stirling Baxter
P. O. Box C
Aspen, CO X1612
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LEGAL DESCRIPTION,.
OF
0119 LITTLE TEXAS LANE,
PITKIN CtOUNTY, COLORADO
A parcel of land located m Section 16; Township 9 South; Range 85 West
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of the. 6th Principal Menchan in the County of Pitkin, State of Colorado,
more 1'utly described as follows:
Beginning at a point whence the North,1l4 corner of said Section 16 bears,
North 13°19'27" West, 3121.14 feet;
thence South 21 °O1' East, 36.40 feet;
thence South 4°OZ' East, 43.96 feet;
thence South 59°04', West, 280 feet more or less to the, bank of the RoS,,aring
Fork River,
thence Northerly 75 feet more or less along the bank of the Roaring Fork
River;
thence North 59°04' East, 300 feet more or less to the Point of Beginning.
Exhibit "A"
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ID59063593294 AGE 2/2
JUL-10-95 13.39, FROM:KINKO9 AMARILLO,, - P,,.
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From: E. T. ~ June Evans Colorado address:
3503 Bristo~~~Et~`:" ~ ~ ~ "°~os 305
Ayparillo, Texas. 79109 0117 S Littie Texas Lane
July 16, 1935: 'Woody ~reek,`CoT"o: 81656`,;
Ph. 923-49fi2
To: Pitkia,Couaty Board Of Adjustment
Courthouse Plaza
5~pen, Colorado 8165,
As 6
Re: R~queSt fQr a varianGe..On: ~~y1C9T, Little Texas AuoalviSiOD..
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Owner: A• J. ~ Germaine Dietsche
Date of Searing: Juip il, 1995 5:15 pm
Board Members•
Our concerns are:
~ qu ~ secbxid story
~~~•• ~~otehe coastruGtioatofsavdet ~~edigazag®s ~tato the
Ouretaker dwelling unit' Th1s u~l~'t to be 600 sq. fr in s>,ae
concern has to do with the construction of the caretaker
unlit.
1. We object to the addition of another dwelling unit to the,
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contigious single~fam>.lyu~ni~rrsn~iy serves five:
2. TYle construction o£ a 'caretaker dwelling' can become a
potential rental and/or lease 'un>.t .« bi`iixgiag is more
traffic and needed parxing space.sa an alreaay
ed area of`the subdivision served by a dead-eni
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10 ft. wide road with limi e~~p r°~c~ng area. T1
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set a precedent for other prope'r't'y oareners to ,:
adlltional dwelling 'units:
Sincerely -
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cc: Board of Covxtty Commissi rs.
District Coiirtro6ia
506 E. Main' St°., _... ,. _ ,
Aspen, Colora8o~ 81656,..
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May 1, 1995
Mr. A.J. Dietsch
100 Puppysmith Street
Aspen, CO 81611-1451
Dear Al,
THE CITY OF ASPEN
On December 6, 1994, you received approval from the Pitkin County
Board of Adjustment for a single-story, detached garage to be
located within the required 30 foot front yard setback.
In reviewing your plans'for a proposed detached caretaker dwelling
unit, it was realized that you intend to construct a second story
on the garage. As we discussed on the phone, the proposed second
story would increase the amount of encroachment into the setback,
and will require approval from the Board o~°Adjustment.
Please submit the information listed below by May 15, 1995. We
will be able to add this to your existing file, so you may appear
before the Board of Adjustment at their June 6, meeting.
- one completed application form (form attached).
- A $55.00 application £ee. Please make check made payable to
the Aspen/Pitkin Community Development Department.
- Eleven copies of a letter describing your request.
- Eleven copies of elevations of the proposed structure.
- Revised list of adjacent property owners (only if different
than the .one previously submitted).
- Self-addressed, stamped, letter-sized envelopes with the names
of, adjacent property owners and City Aa11 return address,
A new sign and affidavit of posting (attached) will be required as
before, because this is a public hearing. A sign will be given to
you at the time of application submittal._Please do .not hesitate
to call me at 920-5105 i£ you have any questions. '
Sincerely,
,~ i:C'~ivLct,S ~~ G'lo;.~'~dy2/l~~-till
Joanna S. Schaffner
County Zoning Officer
I3O SOUTH GALENA STREET ASPEN, COLORADO $1611 PHONE 3OSB2OSOOO FA% SO3.92O.S Ili
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Aspett/Pitkin Community
Development I)epartnnent ,
130 South Galeua Street
Aspen, Colorada 81611
(303) 920-5090
City Land Use Application Fees:
00113-63850-041
-63855-042
-63860-0~3
-63875-046
- MItOII
County Landl
00113-b3800-033
-63805-G34
-63820-037
-63825-038
Referral Fees•
00113-63810-035
OU115-63340-1;63
00123-63340-190
00125-G3340-205
Deposit
Flat Fee _
HPC
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Zoiing & Sien Pernrii
Use Ta.~ _
Ise Application Fees:
Deposit
Fiat Fee _~.
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Zoning
Board of Adjustment ~_~~LQ C
Sales:
00113-63830-039
-69000-145
County Engineer
City Engineer '
Housing
Enviromental Health
Coirnty Code
Copy Fees
Other
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Phone: {LSD ~ ~,a?.~O
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CRriER ~~ ~~
RESOLUTION OF THE P?TRYN COUNTY, CdhORADO
BOARD OF ADJVSTMENT
DENYING SETBACK RShIEF FOR A.J. AND'GERMAINE DrETSCH
RESOLUTION NO. 95-17
WHEREAS,. A.T. and Germaine Dietsch, owners of 0119 Little Texas
Lane, is requesting approval for a 20 foot front yard setback
variance, for construction of a second story to a detached garage;
and
WHEREAS, 30 feet is required for a 21,987 square foot lot in the
AFR-10 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
20 foot front yard setback variance to add a second story to a
detached garage be denied.
WARNING: Any violation of the terms of this resolution may
result in rehearing and possible revocation.
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Resolution No. 95-17
Page 2
The Resolution was adopted by vote of the Board of Adjustment of
the County of Pitkin, State of Colorado.
DATED:. July 11, 1995
The Board of Adjustment of
Pitkin County, Colorado
ATTEST:
Suzaztx~ie L. Wolff, Sec etary
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k Neiley, Chairman
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LEGAL DESCRIPTItON
OF
0119 LITTLE TEXA,~ LANE
PITKIN COUNTY, COLORADO
A parcel of land located in Section 16; Township 9 South; Range 85 West
of the 6th Principal Meridian in the County of Pitkin, State of Colorado,
more fully described as follows:
Beginning at a point whence the North 1i4 comer of said Section 16 bears
North 13°19'27" West, 312114~feet;
thence South 21 °Ol' East, `36:40 feet;
thence South 4°02' East, 43.96 feet;
thence South 59°04' West, 280 feet more or less to the bank of the Iwoaring
Fork River,
thence Northerly 75 feet more or less along the bank of the Roaring Fork
River;
thence North 59°04' East, 300 feet more or less to the Point of Beginning.
Exhibit "A"
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NOTICE OF
TO ALL F
DESCRIBED
~RD OF ADJUSTMENT
ZONING VARIANCE
Pursuant to Pitkin County Zoning Resolution of June 5, 1955, as amended, a Public Heazing will be held in the
District Courtroom, ]?itkin 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 zoning Resolution.
All persons affected by the proposed vaziance aze invited to appeaz and state their views, protests, or objections.
If you cannot appeaz personally at such meeting, then you aze urged to state your views by letter, particulazly if you
have objection to such vaziance, 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 O'R "LESS THAN THAT REQUESTED COULD BE GRANTED.
DATE AND TIME OF MEETING: 'Tuesday, July 11, 1995; 5:15 P.M.
Commissioners' Meeting Room, Courthouse Plaza
Dietsch, A.J. & Germaine: requesting approval fora 20' front yard setback vaziance, where 30' is required for a
21,987 squaze foot lot in the AFR-10 zone district, to add a second story to a detached garage. Property Location:
0119 Little Texas Lane; a parcel located in Section 16, Township 9 South, Range 85' West of the 6th P. M.
Anderson, Linda:. requesting approval fora 15' front yard setback variance, where 30' is required fora 43,890 squaze
foot lot in the RS-30 zone district, for construction of a detached gaza;e. Property Location: 0801 Seven Oaks Road;
Tract 9 in the NW'/NE %: of Section 34, Township 8 South, Range 88 West of the 6th P.M.
Bathke, Michael: requesting approval fora 20' front yazd setback variance, where 30' is required in the R-15A zone
district, to construct a detached gazage. Property Location: 105 E. Lupine; Lot 32, Block 1, Mountain Valley.
Goldsmith, Frank & Cynthia: requesting approval fora 23' collector street setback vaziance, where 50' is required
as measured from the Red Mountain Road right-of--way, to construct a second floor addition to an existing single family
residence. Property Location: 1682 Red Mountain Road; Lot 2, Block 2, Red Mountain Ranch.
Gibraltar West, Ltd.: requesting approval for front yazd setback variances where 30 feet is required pursuant to the
PUD approval, to allow for the construction of a stairwell and a retaining wail for an entry to a subterranean pazking
structure. Property Location: Lot 18, Mazoon Creek Club PUD.
Haynes, Terry: requesting approval fora 16' front .yazd setback variance, where 30' is required fora 15,115 squaze
foot lot in the R-15A zone district, for construction of a single family residence. Property Location: 153 Mountain
Laurel Drive; Lot 45, Block 2, Mountain Valley.
Frankel, Patricia: `requesting approval fora 58' arterial highway setback vazaince, where 100' is required as measured
from the Highway 82 right-of--way, to construct a roof dormer. Property Location: 42791 Highway 82; Lot 42, Block
1, Filing 1, Mountain Valley.
Submitted to the Aspen Times on June 20, 1995. - _---_ --_-_-_-_
To Be Published in the Aspen Times on June 24, 1995.
Pitkin County Account
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Pitkin County Board
Minutes of July 11,
tment
2
Schaffner explained the methodology used to measure the sign
pursuant to Section 3-1111 F. Although tT~e Board did not agree
with the methodology used, it was agreed that the method used would
be consistent with how the Snowmass Welcome sign was measured.
Ireland requested that staff prepare an ame'hdment for Section
3-111 F.
Lukes requested that the County remove the existing two .signs
located at the northwest entrance to the airport. After
discus
locatesion, the County agreed to remove the sign which is currently
d "in the trees", and will retain the burgundy identification
sign since that is still a viable entrance.
Wheeler moved to grant a setback variance for the airport sign in
its existing location and a 28 square foot size variance where a
total of 8 square feet is allowed, per the plans submitted
(Alternative #4), based on concern for public safety and subject
to removal of the sign which is located "in the trees". Byer
seconded the motion, and all were in favor.
Case 95-17 A.J. & Germaine Dietsch 0119 Little. Texas Lane
Lukes, Dyer and Brickham did not vote.
Al Dietsch was present to request a 20 foot front yard setback
variance, where 30 feet is required for a 21,987 square foot lot
in the AFR-10 zone district, to add a second story to a garage to
accommodate a caretaker unit.
Dietsch stated that a variance was granted in December, 1994 for
a one-story garage based on topographical hardship and site
constraints. The Land Use Code was subsequently amended to allow
detached caretaker units on non-conforming lots, and he has applied
to the Board of County Commissioners for approval of a caretaker
unit above the garage. A variance is required for the second story
because it increases the amount of non-conformity within the
setback.
Neighbors, Sandy Francis and Moselle Killingsworth, were present
to oppose the request. Their concerns were': that the caretaker
unit will be the sixth household sharing one well; Little Texas
already has a density problem and cannot accommodate additional
traffic on the existing access road; there are no other caretaker
units in Little Texas; the accessory structure will be taller than
the residence, and will be visible from Upper River Road.
Neiley read into the record a letter from E.T. and June Evans,
stating their opposition to the request.
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Pitkin County Board of Adjustment 3
Minutes of 7uly 11, 1995" '" ~" `" '
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Schaffner noted that the caretaker unit application is being
considered. by the Board of County Commissioners (BOCC) on July 12.
and that the Board of Adjustment should only consider whether a
variance is justified for the structure. The issues raised by the
neighbors pertain to the use (caretaker unit), and are appropriate
for discussion by the BOCC.
Wheeler stated that he is not willing to support the request based
on the lack of a hardship and the opposition of the neighbors.
Rudnick stated that the applicant has not. provided a justification
for increasing the density in the area.
Wheeler moved to deny the request for a setback variance based on
lack of hardship. Rudnick seconded the motion, and all were in
favor.
Case 95-18 Linda Anderson 0801 Seven Oaks Road
Rudnick, Feldman and Geller did not vote.
Linda Anderson was present to request a 15 foot front yard setback
variance, where 30 feet is required for a 43,890 square foot lot
in the RS-30 zone district, for construction of a detached garage.
Anderson stated that an area for a one car garage was excavated
when the modular home was hstalled on the lot in the 1970s, but
the garage was'"never 'built. She now wishes to construct a two car
garage. A 1041 exemption for the structure was approved.
There was no public comment.
Wheeler suggested that the garage could be moved to minimize the
encroachment into the setback.
The Board discussed their reluctance to approve a variance without
specific plans and elevations.
Neiley moved to table this application to August 1 to allow the
applicant to provide specific elevations and plans for the garage
and photos of the area. Brickham seconded the motion, and all were
in favor.
Case 95-19 Michael Bathke 105 E. Lu ine
Neiley, Dyer and Geller did not vote.
Michael Bathke was present to request a 20 foot front yard setback
variance, where 30 feet is required in the R-15A zone district, for
construction of a detached garage.