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PITRIN COIINTY
BOARD OF ADJIISTMENT
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DATE _ CP,/g/7,S CASE # ~L/ Z O
REPRESENTATIVE C~Wh.1~=~. PHONE
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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.
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:
"'-~~ Zone District
Requesting: d cs~ ~' 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.
Square Feet where a maximum of sq. ft. is allowed.
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Zoning Official ,
Application filed _^ jZ 5~ Parce ID No. 2'13"7 _C719~_~'~_u'D3
Date of Meeting I
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Notices Mailed 2~ 9 Secretary ~ ~J~k~ VU __
Refer Resolution to Building Department ~ _ ~ yes ; _ ~ No
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NOTICE OF PUBLIC HEARING TO ADTACENT PROPERTY OWNERS
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 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•
July 11,1995 at 5:15 p.m.
Commissioners Meeting Room
Courthouse Plaza, 530 E. Main St.
Frank & Cynthia Goldsmith
Box 7788
Aspen, CO 81612
Property Location or 1682 Red Mountain Road
Description: Lot 2, Block 2, Red Mountain Ranch
Requesting approval fora 23' collector street variance, where 50' is required as measured
from the Red Mountain Road right-of-way, for construction of a second floor addition to an
existing single family residence. Approval of this variance request would allow the proposed
addition to be located 27' from the nght-of-way.
VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED.
Duration of Variance: Temporary Permanent X
THE PITKIN COUNTY BOARD OF ADJUSTMENT
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Suzanne L. olff'~ ,Secretary
130 S. Galena Street, Aspen, CO 81611
(970) 920-5093
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FRANK & CYNTHIA GOLDS1VITl'H
P.O. Box 7788
1682 Red Mountain Road
Aspen, CO 81612
(970)925-5251
(970) 925-2362 fax
June 9, 1995
Pitkin County Board of Adjustment
130 South Galena
Aspen, CO 81611
To the Pitkin County Board of Adjustment:
We respectfully request a front yard setback variance so that we may add a second floor
above our existing living room and a basement below. This is the only part of the house
which is presently not two stories.
We have our second child on the way, due September 10, and need to add an additionai
bedroom to the house.
The proposed new bedroom will be on top of the existing living room and entry which is
presently 27 feet from the front yard property line. The code requires that we be set back
50 feet. Therefore, we are requesting a 23 foot variance. As you can see from the survey,
the other end of our home is 11 feet from the front yard propert}~ line, going 39 feet (two
stories high) into the setback. The new addition should have significantly less impact.
Our hardship is due to pre existing conditions and our narrow lot. The width of the lot on
one side tapers down to 56.57 feet. Addmg the bedroom above the pre existing building is
the only way to do this without creating undo hardship.
In the interest of the neighborhood and good neighbor relations, we have already shown
our plan to those neighbors who might be impacted. They have given us their support and
their blessings. In addition, the board members of the Red Mountain Ranch Homeowners
Association have given their verbal approval and will formalize it at their June 20th
meeting.
Thank you for your time and consideration of this variance.
Sincerely,
2
Fr and Cynthi ldsmith
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ADJACENT PROPERTY OWNERS
Marty F1ug
c/o Gulfco, Ltd.
616 E. Hyman Avenue
Aspen, CO 81'611
Red Mountain Ranch Homeowners Association
P.O. Box 8277
Aspen, CO 81612
Eber G. Ayers
1810 Avenida Del Mundo
Coronado, CA 92118
William Johnson
P:O. Box 1285
Aspen, CO 81612
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Exhibit "A"
Legal Description
Lot 2, Block 2, Red Mountain Ranch Subdivision
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vocation Map
DIRECTIONS
Head North on Mill St. Cross over the Mill St. Bridge and bear left up the Red Mountain
Road. Go all the way to the top of Red Mouutant. You will see two stone pillars (the
entrance to Red Mountain Ranch). Go through these pillars and keep going up. The road
will wind around to the right. We are the second house on the right. There is number
1682 posted at the driveway.
MOUNTAIN
HOMEOW NERS ASSU'CIATION
POST OFFICE BOX 827"
ASPEN; COLORAO081612
June 22, 1995
Pitkin County Board of Adjustments
130 S. Galena Street
Aspen, CO, 816T1
RE: Application for Setback Variance for Frank Goldsmith Residence
Dear Board Members:
The Red Mountain Ranch Homeowner's Association has met and is in support of the
Goldsmitfi''s application for a setback variance.
We have reviewed the plans and would favor the approval of Goldsmith's second floor
addition above the living room, with basement below. l"he neighbors have also given
their support.
We urge you to give them the requested variance.
Sincerely,
Jennifer Speck
Corporate `Secretary
Red Mountain Ranch Homeowners Association
WiDiam Jo son
P,O. Boz 185
1683 Red Mona Rd.
Aspen, COS 612
7nae 15, 1995
To the Pitlaa County Hoard of Adjastmeat:
This letter is m sapport ofthe Golds~mitfi`s
to tha noaxb.
for a vazisacc. I am their neighbor
Zhe second floor addition does not pose a pr
variance necessary for the proposed remodel.
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to me. I urge you to approve-the
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Martin Flug
Box 1373
Red MounWin$anch
Aspen, Colorado$1612
June 9, 1995
Pitkin County Board of Adjustment
130 S. Galena
Aspen Colorado 81611
Dear Board Members:
I am writing to you to support the Goldsmith's
application for a variance in accordance with the
attached sketches (numbered 1,2,3).
As the adjacent neighbor directly to the east of the
Goldsmith's, I see no problem with the second floor
addition above the. living room as proposed. I think it
will blend in nicely with the existing home.
I wholeheartedly support their project and urge you to
give them the variance needed.
MF/kmd
Attachment
MF\LTRS\CO LD V A RIANCE
Martin Flug
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Eber G. Ayers
1810 Avenida Del Mundo
Coronado, CA 92118
June 9, 1995
To the Pitkin County Board. ofAdjustment:
I am wining to you to support the Goldsmith's application for a variance.
Being their adjacent neighbor directly to the west, I have absolutely no problem with the
second floor addition. It should be a nice„ improvement to the existing home.
I would like to see you give them the variance needed.
Sincerely,
~-J'_ "Eber Cr. Ayers
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City Land Use Application Fees:
00113-63850-04I Deposit
-63855-042 Flat Fee y
-63860-043 flpC
-63875-046 Zo:ring 8c Sign Pe:mii ~-
- MROl I Use T'ae
County Land iJse Application Fees:
00113-63800-033 Deposit
-63805-034 Flat Fee
-63820-037 Zoning _ `~`'-''-'-
-63825-038 Board of Adjustment j(i(; , o o --
Refetral'Fees:
00113-638I0-035 County Engineer _
00115-63340-163 City Engineer '-"'--
0012363340-190 Housing _ ~-'-`
00125-63340-205 EnvrOmental Health V-
Sates:
00113-63830-039 County Code
-69000-145 Copy Fees "'
_ Other
Total 00
Name:~~ {~ ~ r t ~_1.,, ~!: Date:1~'12-Q~ Check: 7I c ~
Address: ~.~ ~.cK -~~f2___~__ project:~lj~,os
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Case No: ~$ Zo
Phone: S -. a~ s 1 No. of Copies F ~
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County of Pitkin
State of Colorado
The undersigned,
follows:
being or
representing an Applicant before the Pitkin 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 J l.~ ~._ ~ 19 `~,a to the ~_
day of ~,~ ~ L `~ 19, ~ (Must be
posted for
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Notary Public's
} AFFIDAVIT OF NOTICE BY
} ss. P03TING OF A VARIANCE BEARING
} BEFORE T8E PITRIN COIINTY
BOARD OF ADJIISTMENT
being first duly sworn, deposes and says as
Subscribed and sworn to before me
this ~~ d~,y of ' ~ ~
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WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires:
ate - =~~~,°- ~ 9 ) fug I days before the _hearing date) .
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Z ~ ,~licant's Signature
~~;4:1:i4 D.-r'9i 1='- Ei iii :°i95 1':11P PG i OF.. REC ~ "DOC
BiI..V iA DF1V35 F'7 i'r:IiV COUNTY CLEr~N~ R RECORDER iT, iT0
RESOLUTION OF THE PITRIN COUNTY, COLORADO BbARb OF ADJUSTMEN2'
GRANTING SET9ACR RELIEF FOR FRANK ANb CYNTHIA GOt,DSMITH
RESOLUTION NO. 95-2`0
WHEREAS, Frank and Cynthia Goldsmith, owners of 1682 Red Mountain
Road, are requesting approval for a 23 foot collector street
variance, .for construction of a second floor addition to an
existing single family residence; and
WHEREAS, 50 feet is required; and
WHEREAS, the subject property is described as Lot 2, Block 2, Red
Mountain Ranch; and,
WHEREAS, the Board of Adjustment is vested with the power to grant
or deny such variances" by virtue of Title IT, Section 16-1.3,
19731n30~28t118(2) (C)ndande Code) and Colorado Revised Statutes,
WHEREAS, based on the evidence presented,'the Board of Adjustment
makes the following findings'c
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 substantial detriment
to the public welfare and will not substantially impair
the intent and purpose of the Zoning Resolutions and the
zoning maps.
foot collector street variance be ranted for construction of a
secondH fl ooOrR add tionRE aOLt7shown on the rattachedu planst' (Exhib23
"A"), due to'downzoning. it
WARNING: Any violation of the terms of this resolution may
result in rehearing and possible revocation.
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Resolution No. 95-20
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:
Suzanne L. Wolff, etary
ti.~~~
ck Neiley, Chairman
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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 Heazing 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 vaziance are invited to appear and state their views, protests, or objections.
If you cannot appeaz personally at such meeting, then you are urged to state your views by letter, particulazly if you
have objection to such variance, as the Boazd of Adjustment will give serous consideration to the opimons of
surrounding property owners and others affected in deciding whether to grant or deny the request for vaziance. A
VARIANCE GREATER THAN OR 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 gazage. Property Location:
0119 Little Texas Lane; a pazcel located in Section 16, Township 9 South, Range 85 West of the 6th P.M.
Anderson, Linda: requesting approval for a lS front-yazd setback variance, where 30' is required fora 43,890 squaze
foot lot in the RS-30 zone district, for construction of a detached gazage. Property Location: 0801 Seven Oaks Road;
Tract 9 in the NW'%<NE'/4 of Section 34, Township 8 South, Range 88 West of the 6th P.M.
Bathke, Michael: requesting approval fora 20' front yard setback variance, where 30' is required in the R-15A zone
district, to construct a detached gazage. Property Locatton: 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 wall for an entry to a subterranean pazking
structure. Property Location: Lot 18, Maroon Creek Club PUD.
Haynes, Terry: requesting approval fora 16' front yazd setback vaziance, where 30' is required fora 15,115 square
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 varaince, 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 of Adjustment
Minutes of July 11, 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,
Caro Alpernll alla spapt~ing their napprov lrlofe then requestld aAn
anon ous letter of o osition 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.
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 Ranch
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 downzonng. Brickham seconded the motion, and all were in
favor.
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
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