The URL can be used to link to this page

Home My WebLink Aboutpitkin.boa.95.19A ~; y ~. i ~, i .. DATE (~' / " ! _. REPRESENTATIVE _ MAILING ADDRESS. OWNER _!l~~f MAILING ADDRESS LOCATION OF PROP fJ 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 faces in question. ~), Owner's Signature /` .. (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: ~n~tS~F. Zone District Requesting: 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. Squa//re Feet where a maximum of sq. ft. is allowed. Other: /tti c.con~n'~~.~-~.c~ ~ ^.~9s~C~k~~ G\t'r~u qJZ Zoning Official "5 ~Qn / f Application filed ~2 ~7 Parce ID No. ~~ 3 ~ - ~ 3-~ ~ -~ S~ Date of Meeting ? ~~ °/ Notices Mailed ~ Secretary ~U+~Ls~1~ ~~'~f~"" ~-1"~ ~, r Refer Resolution to Building Department ; _; Yes i~ ~Nq , K.. ~J ¢1Vz~(-('..~" PHONE 7v~-~ ' / a 7'~/ NOTICE OF PUBLIC BEARING TO ADTACENT PROPERTY OWNERS ieo. w ~ ,... .v -no.. ~._ x s.. ~. r ,~x d. .~, v BEFORE THE PITKIN, COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS, AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED'BEL.OW:.,. _ , 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 appeaz and state their views, protests dr objections. If you cannot appear personally at such meeting, then you aze urged to state your views by letter, particulazly if you have obJectron 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. ,.. ,... ,..,,w ;P,4,Q CE ARE AS FOLLOWS:LARS OF THE HEARING AND OF THE RE, UESTED VARIAN Date and time of meeting: Owner: Owner's Address• Property Location or Description: July 11, 1995 at 5:15 p.m. Commissioners Meeting Room Courthouse Plaza, 530 E. Main St. Michael Bathke 720 E. Hyman Ave. , #201 Aspen, CO 81611 105 E. Lupine Lot 32, Block 1, Mountain Valley Requesting approval fora 20' front Yazd setback variance, where 30' is required in the R- 15A zone district, for construction of a detached garage. Approval of this variance request would allow the proposed garage to be located 10' from the front property line. VARIANCES GREATER OR I;E$S. THAN, REQUESTED COULD BE GRANTED. Duration of Variance: Temporary - Permanent X THE PITKIN COUNTY BOARD OF ADJUSTMENT Suzanne L. o1ff, Secretary 130 S. Galena Street, Aspen, CO 81611 (970) 920-5093 ~ ~ ~~~ 1 ~-~ ~~ Gam- ~ '~~' `~~°~~~ ~-- ~o S ~• fJ.c~ B - ~~ G c ~~ ~ ~ ~~ ~ ~ ~ ~ ~~ , w u'-~' ~~ a may- ~~ .9~s ~ ~~ ~~ ~~ 5~~~ ~ ~~ -~p .acs `~~''~~~~. /~,"'°a"';tea w. ..., ~p~ ~~ , ~Pe~ ~ . a~~~ ~ c ~- ~ ~ ~-.~ ~~, g~~~~ ~~ r ~; ae ( fi~~~,a,,.. ~fi'7 ~':Q~~1S~ fir' r~`'I!°? F:sr~~~ r^8~ uw~R~I w tF r e ~ Gal Han t'~ ._ _ _. ~ ~} ...... ......... ... ,...a_. . _ _ .. ~_~ ~n~,' o~ Lnr 3'h W.extc 1 r\9y,.r:vn•1 v~t~.l 1 ::~J~•L.i.rl.udl • F]y'-r 1= ILIe s_. IYB ev t lly,~t tr t Cul ~1 • ~\..%n L,w_ ~ ~° ~ LcT 31 1 ,1'~ z i r f• .. ~ ~ ~~ I ~ / ' \t e i 4S"2~o-i ~ / ~~ ~ ~ tr. i . II ,r ` ~ n' i ~ ~ vxa:r+'' y19 ~ I ~ ' 4 p~c,L % .` L 1 ~l J, R•I('t'II:W:/ to ~ SeuE/'=20' • 1'ktlMfi I' `t i'1, ~ •~'. ~~~ Opt ;' ~` 3~ ..g L. $ €. o fit?, o .• .~. ~ ~ G ,~ • ' ' e (~, p . / w ' \ \~ I nareby e<r !er fli<Lvs1 CE17 cltet enia SBep ereuK eL lou tfvn ftrflf Irate ws puperee ' n.t•thkve 4Gs`t iv lr nei 6'len3 dvrvi`y""p1iF"a'r~"("ipravanant vapvey plat, snd shte LC it nos to `beelitd upon lee she vauhllafwtate ' • el lenue, nY[SY1nDa" Pi den4r !.Cut. lop]ev=sent YinaD• ' ~ 6ntbtdt eo,es: i;[y tM[ !hv iepro.eeente vn tde abnvp oaen lbt2 poHl en - ; pt. 2D, l9ett .xe<pt cacti{+Y Qd~i"id 1'lu.ic are'ip;'~'re lY ultr In ~' `" slv neunenrivB e! eLe'p•rerla vxceye atvbo~n thee: si cre o[e aeieuer.tarneen[s upon the d=etFlbtd pre.b]ees by tmprev=me:.u on nny-~~GSninr errnlo:e, eitiyi U Sndlrated,lbd eha0 thryl 10 ne bpparinC evWigdt'er"fll.b el enY racr;nrnt ~eeoutn6 nr bvrdvning cep pdre eE a~l1 i=rp1, ~itdpl ea netatl , Dleck'1, tbenbLn Volley Subal ~S~fdn, lltte F111nt et 7ltY'L~, Sii Ce'""dYYeldra.le. Drtftlt pR !u rD ~x~- r ~`"`~--' MounlDln EnQlneprlnp 81and Sutv.Dylep ate ~~ ibGbM~Mn ~ !r KD.rr Kt W] d _ _ ! . E ~ .~'~.;'-' ~~~' .. .. •+ tom- a w +~, ~ 'in `'a*k . a•4'a "%~3 ".~' Q .,."!' ~A~~* ~ei ~+` -~"'~~7r~tF~^ +~,; is ~~1.rJ' d~G.:?y~ ~~ ~ ~ ~ {]~~[~c ~ 1 1 ~ , l' f p ~' ~ ~ ~ ~~ ~, ~ ~ ~ ~ ~ a p (~ ~~ a ~~~~ ~~ z ~ ~ o ~ ~ ~ ~~~~ ~~ ~ ~ ~~ JL~-T2.3994 1a-5i FROM Rt~ERTyyCFi~AFFiN LL., ..TO , . • 9aSi~T~ P 6o'r s2 pa~K 1 r ~VrarAiN VA"t_L~,'~] ~'`SU ' V .IV J~ION ' FIR~'r' , F'iur+g,. Prr~,-s Csx,r+ry ; i osz~aap. .. . ~~~ ~,• \` c~ ~y '~ ~ ~ ~;~ ~ ~- '~ LET ~2 ~ ~e e _ _. ~ ~ ~` . \ a~ ~ F \/~ ' 60_ v \ . 4. F'~i4i+/1~. ~'X~ . •'~ ~~ ~s •~ i ~: 5 i e esq. . ~ £ `V ~~ ss,.~g ~ "~ ao' ~~ ~ `\ ~~ mss. ' ~ x ~a/ • • A ~, ~. ..- - ss ter ~, ' ~~ ~pYZSO121pp, ~ . \~ i ~ ~ r ' ? ~ ~ , ~ ~ ~ 3 ~ ~ ~ ! I ' t TOTFIL P.01 R.R•'+'YE'zwi-[x '~' ~ a9 ~~ Nc'o ~ ~. ~ ~ ;~ ~~ ,,::~.:- ,~ . , macnael, As you i~raaw, we Don't be in faun for the revaew of your aaratace r'equest' far yo~Gr prod garage ~.~' . ° gn yo~ " a .`~~,~pted a few ~~i the si sn tat' drave~a thoughts. First of ail we do support yaur havar~"aµ$~'e:"~However, I aaa7 concerned about the vasaaai iangaCt that it may have for ali of us travelira~ on East. Lupine Driee to our res~ctive homes. My regazest is ties: please discuss with the baarcl ways of le<csernirg its "presence° on the roadside. By bias I xaaeaa, is it gtiring fa laced as ~ bae~ (away) from the row as possitile~ ~11aat kind"af plantings can be done around it to "h®lp "lode"" ti'i , ." _~"°.""< _. _ . Becaiiise yaurs is probably oi~e of the first oP many such regz~ts for ga¢ ages, I don't thsnk ire giant to set an unintentiaalat precedent by aliowiaag garages toa cio~ tCi the roadside and aut of the butdiaxg eaavselo~, ~ithaut thoroughly im~estigating ~ Possibilities 4'~e nerd to proceed carefully ark t~iaia;fuliy. I ~ldress%n$ t1~se coa~er~'~ith be a constrt~ctye prat for all of us in Mtn. Valieq. ~~Sincerelq, ~/' ~ 1'~~---------, Chas sly ~~ . 014 East"upia~ Dr. Aspen, C~, Stbif _.a_ . _.__ ~~_ c~ fie, ~~P-- ms ~?~,~~~' a ~ r„naa • a••• xutvt'.~•iV.xe<1ll'"Awa `v ti` ~ y^`~(j+~~R~J*'vta Cti+;~ -. ,..BUILDING P.~R~LIT' ~~1P LOT 3,2, BLOC,IY >, ~fOU~V1~IIN ~ALL~'.Y SIIBDIYISIDN FIRST FILLING . ~ _ , COUNTY OF PIT~~" ~5~Er OF~ COLOREIlIO 0105 B,9ST LUPINE FOUND REBAR& CAp P.L.S. #12707. I ~\ ~1 `\ 9N ,\~ 1 N PLS 18 P5P ~ LOT 37 ~ FOUND ,~pg62 ~ N REBAR & CAP i~ ~ P.L.S. #12707 4~ / ! Ng'139 3 ~/ °'. ,~~ _. \ m _._. ._ -! LOT 32 ` , ~,.,• ~- ~WOODEN SHEDS ~P~ ~~ k,9 d~ 6~ DO R0~ i 4' COVERED 2 STORY POARCH 4' WALK FRAME DUPLEX .... ` X2,4 . ROCK RET. WAIL \ o ~~ \ .--t ,. 5m. ,' '~^~ WOODEN DECKS... u: ~, ..PROPOSED 24' X Z4' GARAGE' ~~ i0,_ /~ _ _.., _., .~.o"w LOT 33 SURVEYOR'S CERTIFIOATE I, THE UNDER: JN THE STATE WAS PREPARE "" THE BEST BY: DATE N07ES: ~ ~SCARROW Ac WALKER, INC. JULY 28. 7995 E 1 BASIS OF BEARING FOR THIS SURVEY IS N67 39'30"E BETWE WITH R N `ME N012TWEST"AND NORTHEAST FROPEhTY CORNER "MARKED EDAR AND GAPS P.L.S. #12707: 2) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY _EGAL ACTION BASFh `ItPnni a~iv n«-~-..~ .., ..„:.._.,...... , O . IN NO EVENT MAY qNY AOT10N BASED UPON ANY DEFECT" HEREON BE COMhAENCED°`MORE THAN TEN (10) YEARS FROM THE DATE OF CERTIFICATfON'"egnGnt 'ueer.,.c DWN BY BAS SCALE.' ~ Job # 95153 CKD BY 7 INCH = 30 FEET dW9• # 95153 ,~<~----- ~:.~ ~„~,,-,..~. ,_.. coord fl/e # 95153 4 ~., ..-.~, a, .. ~ ., .. ,,~ ~.. July 1G,,1995 Joanna Sciafner Pitkin County Planning-Department 13G S. Galena Aspen, C0'81611 tear t•1s Schafner, ~~~ - 4"t'''i1'tiP` ~'~r I am writing in regards to the variance request submitted by Mr, and t~irs. iwiichael Batlike, Old5~ E. T;a ineDrive, Aspen,; CO, 8I6I1. P T do not think that a Front yard setlaack variance should be gr'antecl ' because there is adequate room in front of"tie house to construct"'a garage without a variahce. Lupine Brive at, this point is very congested and hutting a garage 'close to the road will just zccerbate the problem, A variance request should not evan be considered until the Iiatlike~ bring there property into compliance with the zoning regulations 'i'ii"is`fiouse (a duplex) has been illegally subdivided 3rita a triplex and with the many tenants there are seven cars: This forces a'ny visiters to park on the street, The House across the street, lot 9 o~ahed b Dale ~ubank'is also a.n inothelbasemente Thesegtenantstalso~par"k orilE,~aLup~netdrive creatbuilt traffic and snowplowing hazard. ,ng a p g p there. gara e into living s ace. re puts lmore~'parkerlPcars onnthetstreet when his guests and patientsla also nothinghaboutlt~elillegally~parke~nd~~Se grantnq+ttiaspvarancedwll just make a bad, situation worse. " _: ;: otFrEwuuuKE '""r~iEN OD91 E lYPS11EL:._.$ ~r~ 81611 ~'-~~us~~ ~C~ ,. /~~-~~~` G~ ~~ ~' ~ woe -~- -~~ ~ ~~ ~~ ~~'~ ~'~~ Q ~~ ~e ~`''" "'"'/~ G'~~ ~~~ ~~~ ~ ~0~. ~~~u~-C CrGa'L .~ -~,:. ~, ' .,.x...rv~`,. .,. h ., .,k;. , m.,?1,-.ins. " ~ e.,,,.,a t .a .~ ~, 4,' f 'xT:~`"_ .. ._ ;~ GERe1LD 11. ALPERN, PH.D. 42601 EAST TiTG1iWAY 82 ASPEN, COLORADO 81611 June 8, 1995 9~d 925 9272 FAX 970 925 9271 Pitkin County Board of Adjustments Aspen, 'Colorado RE; Bethke Garage Approval Dear Sirs, This letter is offered to formally offer my support for the approval for the construction of a garage at lOS Test Lupine prlve, Aspen Colorado. Mr. Michael Bethke has reviewed the. garage plans with us. We not only approve of the reviewed plans but trust the judgement and taste of our rieighlior; lvti~. Bethke' so that we would endorse any modifications in the plans~he ~woutd see fit. If there are further details about this matter you would like to discuss, please feel free to contact us at 925 4432`...._ ;, Thank you very much for your consideration of this letter, Sincerely, ~~~-~~-~ Gerald and Carol Alpern 0118 East T.upine Drive Aspen, GO 81611 ~; ~:u ~. .., ,,, u:,: _..., ,.r a n ~-,. n y ~. u?3a. H~=, .~~; ~,:~ ~:~~. f std s:{,ia...w?f~,. ~°`p~~'~,,.''", ~,~a';. FRd'.Rf9 5 M GELLER DESYC~I Rspij JIl¢~c ~y 1~J PHDNE N0. c 3L~39~544e{ ~ .Jw 1`. 10 159:s 10: S2RM ~- P81 ~1r. asp Ae1rs. Michas! l3atlilYe 11105 mat Lupine LSsive ~+spari, ea, ~1s11 year 1ulichael, " leaking aver your Sketches and tali:fxlg to yaLt sheaf yaUr prapased garage, 5a11p arul I sea na problem in supporting pour request for a ~ in tlra Unrildibg cads due to its pmsrimity to the rand:.. ~ir~ is that it viii be structure mughiy 24' ~ 2Q° with thg peak of ~ roof about 12'" lrigh, Wa are pleased ttYat you have chosen something ether than. metal far year roof as va i» ~daubt v~ould receive much of its reflected light direcidy into our hams: Qf ~ "most effected nBl~l'ibOr", please know that VB appreciate barng notified ya plans. 1 undsrstnnd that the Alperns and Dieter Grieser (vha bane similar status] base a1s+a been contacted. If you haven't already doa-e so, ! ~auld request that geu also contact the altar, Valley Hanaeoviyers ;Association ass i Ireleyn they need to be mare of building in the neiglr6arho~. VJe papa drat the building process gees srncwthly far pau ab that your cars, biloes, etc. can be safely under rover bq the gme #t~ ttaaling snoilrs of ~ reta>rn to our vaflsyf tlOad I.tteit l Chris acrd Sally Fedson OI43 East Lupine Dr. ~4spen, Ct?, 81611 ~_ : ~ ~ ~, June 1, 149 Mr. and Mrs. Michael Batlike . _ .,. d1~5 F.aet~:vpine DiYOe' Asper CZ?, 81611 r Der Micl>sel, APter looking av~' yota sketches and talking to yuu about your proposed garage, Sally and I see ~ problem in snppbswng ~" ~~ for a in the building code due to its proximity to the road. 4tu' undsrslandirJg is that it will be a struchae roughly 24' X 24' with the peak.of the roof about 12' high ~tle are pleased that you lzeve chosen something other than metal far your roof as 9e no doubt would receive much of its refiecmd light directly into our home.. As 'mDSt effected neughbor', please knav that ve appa~eciate besrlg notsPisd oP your plains. 1 understand that tltie t~lperns and Dieter''t~rieser (who have similar' status) have also been contaet~. IP you haven't atr~y lane' so, l 4ouW request that you also contact tbe'b+Ita. ~lailey Homeowners Association as I believe they need m be aware of building is the neighborhood, ~tVe } that the building Process goe.4 ,smoothly for you so that your cars, bikes, etc. can be safely wader cover by the tune the howling snows of ~ygy~t return to a~a~ va11e91 Good Leek! .... ....,,, ..._. ~.,:~. Cl ~ ' ~+~ ~'~~l.~s~~ ~.~"~"~' T Chris and Sally Faison 0143 F.aet Lupine Dr. Aspen, Ct3, 81611 s ~=1 v1 ~'- 3 0 z ~~~ 1J ` 11J `'' , vp,, 111 -.~l ~ __-_~_ __ .. ..,. _ ~,,. ,.. ,._. .: .x ...r .,::,A ~ .a-, w a,.e a. ..AV'ha e wca.,. :a.~r.;i" ~A,au, AmnXl\rw s. ;..:.skw~.z v -.. _ ,. Job' Tnws TnlssType Qty Pry BAYSWGE6 - FWK 1 1 Houston rues Co. 3.100 s Oct 141894 MTek Induslrles, Inc. Mon May 01 102 :571995 Page 1 aao ea-1a lzna ~ naz i vao a+aa ' 2na OS-1~ 982 Sd-2 631A 2-0d Sa6= 9 5.000 72 2.SU 0 2.Ois ri 2 1 m za ai - .... ,. u - 1 .. ~ 8 ._.. .. ...,,~. M ~+.,,,a,.ww~,m. s.,.,. ,A .. .f..y ,.. $ Sib= . qOv sam ~ 19aE ~ van ' _.. _. 8-2=10 7E-13 SmtO Plate Offsets (X,Y): [1:42.8,0.0.0]; [5:0.2-8,0-0-0], I1:0-1-12,0.0.0. (5:0.1-72,0.0.0] ' .. . .. _.... .. ... . ,,. , .. .. ...... :. -...~...,w,...., a,. my«a x -wx:° w, ~&~<~+yv.•«+aw.,xs,. „s...a. . ,~,. }1t2-2.0 v.,,:, ~2i ft2 2-~ t L R tre~i HaeltoPeak131-10 g e - , ance: a § Overheng Jo'ml Loeatlons :IT HORIZONTAL VERTICAL JT MORIZbNTAL VERT[CAL JT HORIZONTAI- VERTICAL JT HORIZONTAL VERTICAL 1 0.0-0 0-0-4 1 0.7-13 0.3"~ .2, "-„ `'" 831'4 `~' ~71d 3 12-0 _ , i5~b=4 4 17-8-2 2-7-14 5 24-0-0 o-0-h 5 23-%13 "Yf=3=8 6 15-9-8 03-8 ~ .:. , , .. _. ~ .: _.. ~ ... 7 14.0.0 0.1-12 8 8.2-10 0.3.8 , . , Qty. 1 Span: 240.0 31ope: 5.00/12, 0.00/12 Overhang: 2-0-0, 2-0.0 Loading: 75-10.0.10 Spacing: 24.0 o.c. Camber 0118 inches Weight: w.. .,_ ... , ... _. ___ 119 (~s) Beard Feet 58.005 ===«e< CHORDS »»__= 5 .Cul- ===«e< WEBS »s»?_' 3 .CYt' __~«< OTHERS »»m=m S .Cut=90 PIECE: 5-7 PIECE: 2-8, 4-6 PIECE: WGL, WGR 90.0 (1) 2 X 22-6 74.0 (2) 2 X 4 ~'7 ~ 2 X 8 ~'0 ~ 1650E 1,5E SPFS 80 C Ut'itY HF 51 3 22 6 1 . . . OL:10-0-0 CL9.8.6 LS:10.0.0 OL3-0.13 CL30.5 LS• -11-7 OL•1-1-3 CL:O.8.10 LS:1-1.3 ~--^-•-+ a PIECE:3-8..3.6 _ 3s:7 2a.7 I ~~ o-s-a ~c2~ x x d } 3 Stud SPF-S ~ 7 51 ~~ . OLt6-0-11 CL:B-0.11 L6:S9.1 PIECE: 1-7 so.o (1) z x rt.6 1650E 1.5E SPFS ~ 0 oL•ta0-0 CL:13-8-8 LS'c14-0-0 a~~ 03-4 o-o-a PIECE: 1-3.35 (2) 2 X 4 67.a 6Z4 2100F1.8ESPF-S. OL:153-7 CL:15-2-0 LS:1S2-0 .:~... ,. rw lT AM1: (~~ 1 y, ~ ..F ; i Ra Leal .+ , '. Aspen7Z'tkin Community De~•elopment Department 130 South Galeua Street Aspen, Colorado 816ll (303)920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -63875-04b 7.apng & Sign Permit - MRO1l Use Tax County Land Use Application Fees: 001:13-63800-033 Deposit -63805-034 Flat Fee _ - - --- -63820-03~ Zoning _ - ~_ -63825-038. Board of Adjustment ~~ Referral Fees• 00113-53810-035 00115-6330-1u3 00123-63340-]96 00125-63340-205 • Sales: 00113-63830-039 -69000-145 r f/GYi-rt-~ t. tc--~ ~J - County Engineer City Engineer Housing Envromental Hzalth Connty Code Copq Fees other /~-~--- Total_ _ ~ ` CO/d ~ l~~/`~h Date: Check.__ ^ G-j~-.- Projec~Cvl-GC~r~c-G~ • _ Case No: `1.5 ' f Phone:. O " ~-~5~~~- No. of Copies _ ~; al*~+g?'~ _ ». -._ .- ... .~.e.. ,, n.. ..n .titah-A e...ce3~s-.*'~ ~s .a.~. .. ,, ~, aS~~a,ye-r r.6ri e,.. ~'c x... ,_. ., ass..r. ~..r..;:;: .x~ ~~ w~ ~, 'r3~F:~i.3 D-791 f~''-1 r9 il,=~ ~ y~ y'~ 'a "Qi91=' 1='G i 01= -' 1?I?C D!aC i~l SI!_Uil~ DAVSS -'ITF;:h! I_,OU!VTY CLERK ~ RErpRDER i~,!~^!!Zi RESOLUTION OF THE PITKIN COUN'TY~ COLORADO BOARD OF ADJUSTMENT DENYING SETBACK RELIEF FOR MICETAEL BATHR`E RESOLUTION NO. 95-19 WHEREAS, Michael Bathke, owner of 105 E. Lupine, is requesting approval for a 20 foot front yard setback variance, for construction of a detached garage; and WHEREAS, 30 feet is required in the R-15A zone district; and WHEREAS, the subject property is described as Lot 32, Block 1, Mountain Valley Subdivision; 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 fron£ yard setback variance be denied for construction of a detached garage, due to the location of the proposed garage outside of the property line. WARNING': Any violation of the terms of this resolution may result in rehearing and possible revocation. --- ,: L .~ -,~ ,w :~t34=1: A-79 R-1.40 08/i319~ 1c:09G FAG ~= OF c Resolution No. 95-19 Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED; August 1, 1995 ATTEST: i ~L'~'!~a~t^Z~~V ~~'' I2 Suzanne L. Wolff, Se etary The Board of Adjustment of Pitkin County, Colorado r+' V ~- ~ ~ ~, t'~ Ribk Neiley, Chairman ., ~"" >` I NOTICE OF PUBLIC TO AI,Tr PROPERT' Pursuant to Ptkin County Zoning Resolution of June 5, 1955, as amended, a Public Heazing will be held in the District Courtroom, Pitkin`~ounty Court House, Aspen, Colorado, (or at such other place as the meeting may then be adjourned) to consider an application filed with the. surd Board of Adjustment requesting authority for variance from the provisions of the County zoning Resolution. All persons affectedby the proposed vaziance 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, paztuulazly if you have objection to such vaziance, as the Boazd of Adjustment will give serous consideration to the opinions of surrounding property owners and others affected in dectdtng whether to grant or deny the request VARIANCE GREATER THAN OR LESS T 'TIFiAT REQUESTED COULD BE GRANTEDr variance. A DATE AND TIl1~IE 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 q one distnct, to add a second story to a detached gazage. Property Location: Ol' 9 Little Texas Lane; a pazcel~loca0ted in Section, lti, Township 9 South, Range 85 West of the 6th P.M. Anderson, Linda: ,.requesting approval fora 15' front Yazd setback variance, where 30' is required fora 43,$90 squaze Tract 9 in the ~ 0 zone district, for construction of a detached garage. Property Location: 0801 Seven Oaks Road; foot lot in the RS- i/4~1~6 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 garage. Property Location: 105 E. Lupine; Lot 32, Block 1, Mountain Valley. Goldsmith, Frank & Cynthia: requesting approval fora 23' collector street setback variance, where 50' is required the Red Mountain Road rtght-of--way, to construct a second floor addition to an existing single family restden er P operfy Location: 16$2 Red Mountain Road; Lot 2, Block 2, Red Mountain Ranch. Gibralter West, Ltd.: requesting approval for front Yazd setback variances where 30 feet is required pursuant to the PUD approvai, to allow for the construction of a stairwell and a retaining wall for an entry to a subterranean pazking structure. Property Location: Lot i8, Maroon C~reelC C1ub~PUI). Haynes, Terry: requesting approval for a lti' 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. ,_ .w.. ,,... ,. -... .. ,... ,~-, u,.- ~.~-. Submitted to the Aspen Times on Tune 20, 1995. To Be Published in the Aspen Times on June 24, 1995. Pitkin County Account -- _ .„~.. ... a.u .~.... ';.. 3~ r....,.;.- _ r.«,..+.-::idLlu:~. ,,.. ~A~F'S x5r'Sa,x.r~s5a,,., ._u.8 h%Yw~'~]~'~ ~99 ~ S" Minutes ..~~ _ _.. ~ i l Pitkn County Board of Adjustment August 1, 1995 .a.n .~ v,~.,..~:,.,~ a,,.., .t~a,.. w..•~:~ n_ ._: ... SITE VISITS - 4:15 PM Members Present: John Wheeler Bill Lukes_ Shira Geller 'Paul Rudnick Case 95-22 Terrv Havnes 153 Mountain Laurel Drive This case was tabled at the July 11 meeting. Terry Haynes was present to request a 16 foot front yard setback variance, where 30 feet is required for a 15,115 square foot lot in the R-15A zone district, for construction of a single family residence. y p p tion of the Ha nes''showed the Board the site and the ro osed loca house. Haynes presented letters to the Board from the neighbors and the ..~ Mountain Valley Homeowners. Association sfating their approval... He noted that the neighbors prefer the proposed location; the only other location would be much closer to the neighbors' residences. Richard Haberman from the Homeowners Association was.. present, and ,:: , stated that the Association approved the request. " Haynes explained that he intends to maintain. as many trees as possible along the western edge of the residence to"' lessen" the visual ..impact of the residence. Rudnick moved to grant a 16 foot front yard setback variance, based on topographical hardship. Wheeler seconded. the motion, and all were in favor. Case 95-19 Michael Bathke, 105 E. Lupine This case was tabled at the July 11 meeting. Michael Bathke was present to request a 20 foot front yard setback variance, where 30 feet is required, to construct a detached garage. Bathke presented, an improvement survey to the Board. Schaffner noted that the survey shows that the proposed garage encroaches beyond the property line. ~. '~ Pitkin County Board of Adjustment 2 Minutes'of August 1, 1995 Luker moved to deny the applicant's request. Rudnick seconded the, motion. Motion passed 3-1, with wheeler opposed. The site visits were adjourned at 4:50 PM. REGULAR MEETING Members Present: Members Absent• Rick Neiley Michael cooper John Wheeler Ellie Brickham Craig Feldman"`'` Shira Geller Bill Luker Paul Rudnick Rod Dyer Staff: Joanna Schaffner, Zoning Enforcement Officer Neale o ened the meetn at 5.15 PM and introduced the Boar ' y p g to those present. Case 95-18 Linda Anderson 0801 Seven Oaks Road ...,, ...,;, r Cooper did not vote on this case., This case was tabled at the July 11 meeting to allow the applicant to provide specific elevations and plans for the garage and photos of the area.' Anderson presented a revised„site plan, elevations and. photographs, as requested. by the Board. The garage was reduced to 24 .feet by 24 feet, and the front yard setback variance,.. request was reduced from 15 feet to 7 feet, which includes a 2 foot eave. There was no public comment. Luker moved to grant a 7 foot front yard setback variance for construction of a garage, based on practical difficulties. ,Cooper seconded the. motion, and all were. in favor. Case 95-23 Chuck & Marilyn Friar 100 Meadowood Drive Luker did not vote on this case. Chuck and Marilyn Friar were present to request a 28 foot front yard setback variance, where 30 feet is required for a 32,996.5 square foot ,.lot in the R-30 zone .district, for construction of ah w ~~.., ,: ..,.._ addition to ',a single family residence. Friar stated that a variance was granted in 1991 for a garage that .._--- _,., ,. .... ~ <« .. nLt .,~S,a f.'.;.,, ,. ~.. .., .~., ...rw w.?:~CN4 ~fi E _.c.4rma.i,F l~tyS ,k,-~*1~:q'4.~ '.__ L^ /"~0~., rte, '~. ~.. 3 Pitkin County Board of Adjustment 3 Minutes of July 11, 1995" ` 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 wa§ excavated when the modular home was installed on the lot in the 1970s, but the gar g garage.a A lOS never built. She now wishes to construct a two car 41 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. .~ Pitkin County Board of Adjustment Minutes of Julv ll. 1995 Bathke noted that the proposed location is the only possible location due to the slopes on the property. Neiley read into the record letters from adjacent property owners, Chris and Sally Faison, Dieter. and Uli Greser, and Gerald and Carol Alpern, all stating their approval of the request. An anonymous letter of opposition was also read into the record. The author was concerned with parking congestion on Lupine Road, and with the proximity of the proposed garage to the road. Lukes moved to table the application to a site visit on August 1 at 4:30'PM. 'Feldman seconded the motion, and all were in favor. Case 95'-20 Frank & C nthia Goldsmith 1682 Red Mountain Road-; Wheeler, Feldman and Rudnick did not vote. Frank Goldsmith was present to request a 23 foot collector street setback variance, where 50 feet is required as measured from the Red Mountain Road right-of-way, to construct a second floor addition to a single family residence. Goldsmith stated that the bedroom will be added above the only portion' of the existing residence that is currently not two- stories tall. He noted that the request has been approved by the Red Mountain Ranch Homeowners' Association. Neiley entered into the record a letter from the Red Mountain Rahch Homeowners' Association, and letters from adjacent property owners William Johnson, Martin Flug .and Eber Ayers, all stating their support for the variance request. There was no 'other public comment: Lukes moved to grant a 23 foot collector street setback variance, due to downzoning. Brickham seconded the motion, and all were in favor. Case 95-21 Gibralter West Ltd. Lot 18 Maroon Creek Club PUD Lukes, Feldman and Wheeler did not vote. Bruce Hazzard was present, representing the owner, to request front yard setback variances, where 30 feet is required pursuant to the PUD approval, to allow for the construction of a stairwell and a retaining wall for an entry to a subterranean parking structure. Neiley questioned whether the Board of Adjustment has the authority to grant variances to setbacks that were"established through the PUD approval process. Wheeler added that the required setbacks ~, .. ~..