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HomeMy WebLinkAboutpitkin.boa.95.26DATE l ~ 1J~'iIJS~ ~ % /~~ CASE # ~ ~'Z~ . REPRESENTATIVE ~ t~ ~`LrVt~ V/~~(q-~1,( ~ PHONE ~~~ J j , MAILING' ADDRESS ~~ ~~ ~~~,.~ ~~ ~ N OWNER ~T'Lf~l ~J`L ~ ~ U l'J ~ PHONE ~ S_- ~~~'~ MAILING ADDRES S C"i ~i ¢ ~l ~I~3 () ~ ~C ~ ~ J~~.~., ~2 i cJ Fi LOCATION OF PROPERTY ~ ~ ~ i'J lY~n ~.~ ~ /k-~S ~ ~ ~ t! ~ Any pertinent data must accompany this application, and will be itddoeSrnotfcontainaall theefactra'naquestion,the application if /' 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: {~! ~~o Zone District Requesting: Lot Size ,. ' Front Yard Setback Variance, where is required. Rear, Yard Setback Variance, where ' is required. T~ ~~,''~ '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: ~O (`k~n;t~~,~~.~ ~" Ck 0,~~n coo (`~.c~rQ~~:;r~n '~-c> Own Zoning Officia3~g~~,n, /, /~~„~~„ , Application filed ~ ~ 9:~" Parce~ID No. ~+73~ -033_QQ _'~Z~ Date of Meeting IZ ~ J _ Notices Mailed `~ Secretary Jn,2p~~ti~j~(~ ,, -_ Refer R esolution to Building Department '~ ' Yes ' No i _ ~- NOTICE OF PUBLIC REARING TO AD.IACENT PROPERTY OWNERS BEFORE THE PI'I'KIN COUNTY BOARD OF ADJUSTMENT VOARIANCE DESCRIBED B I.pW FFECTED BY THE REQUESTED ZONING OR CISE Pursuant to Pitldn County Resolution of Tune 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 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 appear personally at such meeting, then you are 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: AS FOLLTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE ARE OWS: Date; and time of meeting: September 12, 1995 at 5:15 p.m. Commissioners Meeting Room Courthouse Plaza Owner: Renee Brook Owner's Address: 0847 Aspen Oaks Drive Aspen, CO 81611 Property Location or 0847 Aspen Oaks Drive Description: NE1JoSW1/a and Lot 19 of Section 3, Township 10 South, Range 85 West of the 6th P.NI. Requesting approval for an 18' SE side yard setback variance,. where 30' is required fora 5+ acre lotin the AFR-10 zone district, for construction of a garage addition to an existing residence. Approval of this variance request would allow the proposed garage to be located 12' from the SE side yazd property line. VARIANCES GREATER OR IESS THA1V REQUESTED COULD ~E 'GRANTEll: Duration of Variance: Temporary Permanent X THE PITKIN COUNTY BOARD OF AD7UST1vIENT ~~,~,~~~ Suzanne L. W 'ff, Secretary 130 S. Galena' Street, Aspen, CO 81611 (970) 920-5093 .. ,,..A GRAE`NfE 60X4956 ASP TE.LE PI9p YE August 2,.1995 :; .::. ; r i.. _' .,._ RE: Request to reduce the required 30 foot side yard setback to 12 feet to allow ' ~~ construction of a garage at 847 Aspen `Oaks Drive, Aspen, Colorado. Pitkin County Bo~azd ~of 130 South Galena Street Aspen, Colorado' 81611 Dear Boazd Members: The following information is offered' in support of the variance request orx the above- mentioned property. NEED ~~ o,,.._ The owners, an elderly couple who have Tiought the house as a retirement home, have an understandable desire to have an attached two car garage. While the existinghouse does have a garage, it is deficient in two important ways. Firstly, it is not large'enough for two cars. Secondly, due to unchangeable problems with the approach to the garage it is very difficult to back the car out and turn it azound. These problems are the results of a ~ :: stee site which re uires a concrete retaimn wall u to 14 feet turnaround area. The aza a is so atvkwazd~o use that it is ~ Thigh to form the ~' `- g g act very seldom used. THE HARDSHIP; The hardship is a'result of topography, location of an existing septic system, and the layout of the existing house. While the existing house is of very modest siie (3,500 square feet) on a lazge lot (5+ acres), a garage site is limited to the area proposed by the above conditions. ansion to the southwest is limited b s ry gh ~Pg q P Y teep topography and the ve hi concrete retainin wall re wired to contain the slo e. 'Expansion in this direction would be extremely costly and would result in very impactive and unsightly retaining w g g and driveway s. A ara a addition to the northwest is undesirable due to topographical conditions and to the interior layout of the house. Tlie entry is located at the other end of the house and this would have very undesirable impacts on the layout of the house., ,The septic system lies to the northeast of the house and precludes a garage at this location. Thus, the only logical location for the new gazage lies within he setback as proposed. Since the owners bought the house, these conditions have not been caused by them. -; r.. _,,, ~... ~., w, .. „ .. ...... TH&IMPACT `° ~w ,, ~~_... , ,: ... T. ~.:» ;, ,; . ~, .~ ~~ no im a neiehbors1IIAs shown in ElevationeA of this a li ation, the brvct on the public or the g pp p; posed garage at no point is taller than the' existing retaining wa1T. Thus, the proposed garage will not be visible from Aspen Oaks Drive or any other public or private road. Furfher, it will not be seen from any existing house in the area. It will be nestled into the cut created by the retaining wall. Again, because of the retaining wall; tTiere vm7T not be ~ear[hmoving or driveway changes necessary in this plan. Wes Cantrell, the neighbor sfiaring the involved ,. property line, has reviewed the proposed garage`and fias no obj'ecdons. For these reasons, we believe that all the conditions set out m Section 7-103 (c) (2) of the Pitkin County Land Use Code have been met and'we request that you grant this vanance request. Thank you, ~~/~- Graeme Means GM:a2z I 4 , t ,. ~aa,~.w o~LV.~`d Aspen Oak Tennis Association c% Don McKinnon PO Box 83l Aspen CO 81612 Don McKinnon PO Box 831 Aspen CO 81612 Wesley Cantrell PO Box 2662 Aspen CO 8IG12 Paul R. & Dorothy J. Smith PO Box 448 Aspen CO 81612 Vincent G. & Elaine. J. Santucci 3265 Metridian Pkwy. Suite 114 Ft. Lauderdale FL 33331 Paepcke, Walter P. Life Ins. Trust Holland & Hart c% Thomas J. Todd 600 E. Main Aspen CO SI611 .y .., :,..^p . , ~ .,,,. t I l )\ ~~ ,. _.. `~1 ~ ti's- cLK~~\ ~u_____, 7_ O -i U ~> r- z 0 cn ~~r n i~ in ~; oho ~~ ~~o ~N~a A ~ ~ ~~ ~o~ aA ~~ Q ~. o ~b ~ A ~ ~; dQ. oq o~q ~~~ 0 0 0 ~ A ~ ~ vQ: y a ~~o 'q n b O R, ~ b T, ~. o~ ~.~i~ y1~ ~,~ ~~=' ., ti ~ ~ z, r C ice.. 9 t~ G r ~~~~ ~ ~ 1~ _' _ :1- I~ ~lAt ~ <~,~ ~~ ~ , ~ 70 _~ 1~'•P r~ ~ ~~ C~ c~, `c~ U ~~ r_ i i nc~ .~<, ~, _ ~'oe ~.z -~ ~,~ _ (}l ~-. ~ 5, ~~tU G O ' SG' V 0 ~ ~r ut da U ~ ,,~ ~~ ~a~ _ c~~, ~ ~~~ ~~ o~ JtS U ' " C? ~- ~ S- G; ~' ~ =Z- (` . In ~ r,~ ~~ ~ ~~ ~~~ _ ~ ~~2; l ~, ~~ _~ ~?y 1 ~I ~~~~ (l~ J ~~ , ~ G~ ~l ~~ ~ n' -~ ~:~ ~ ~n 3 CA' 5 -~ r~ _ C ~ c~~ =r, -~ n~ ~- -~ _ . o ~_ ~ ~ ~ ~fi ~ V' (11 11 ~ CS ~ ~ ~. ~ V ro ~ d ~ lA ~ -(= Oy ~~ b -~ ~ ~.~ .~~ ,~ nl U ~ Iz ,~~~ .~r y~ ~ ~ ~-~~: o~i~ ~ o ~~. ~ ~ _C~~ ~~ ~\ ~~ t ~ O ~ ~~ c>p cJv~i ~ a ~ c, ~) ~ ~~~ (~ v ~ C~r''_~'',`'~~ -~~ h _~ _ -~. r ; - , 0 r Wesley Cantrell Post Office Box 2662 Aspen Colorao 81612 Auqust,l8, 1995 Pitkin County Board of Adjustment 130'Galena Aspen pO 81611 TO WhOID it mdy COIICerY1S ' -" I am the person most affected by the Brooks' proposed addition, and Z support their application. ~W/esley Cantrell ~~~ r ,..,.mod ~.., ~~ ~z~ axw, ,.,,. a . , ~ ~ . .. As en Oak Tennis Associatio p ~ n PO Box 831 Aspen CO 81612 August 18, 1995 Pitkin County Board of Adjustment 130 S. Galena St Aspen CO 81611 Re: Proposed Brook Garage Addition Boazd of Adjustment members: Our association supports the Brooks' proposed addition. Thank you for your consideration of our position on this matter. Respectfully:,, /~ ~U ~1~ Don McKinnon ~` ,~~ President .~ .. __ ~~ ., ~ - - _ Aspen/Pitlan Community _, Development Department 130 South Galena Stre_ et Aspen, Colorado 81611 (303) 9'20-5090 - City Land Use Application Fees: 00113-63850-04] Deposit -63855-042 Flat Fee -63860-043 HPC" -63875-046 Zoning & Sign Permit - MROI I Use Tax County Land li se Application Fees: 00113-63800-033 Deposit -63805-034 Flat Fee -63820-0~7 -63825-038 Zoning Board of Adjustment ~- W~n trj . °" r r Referral Fees: 00113-63810-O.iS County Engineer 00115-63340-T63 City Engineer 00123-63340-190 Housing 001?5-53340-205 Emironmenfai Health 00113-63815-036 County Clerk " Sales: 00113-6383Q-039 County Code -69000-145 Copy Fees Other /, Total ,y ~ , Name:( R(`p pk Date: -Z ' Checky~~ 7 Address:~'~ e~ ti, t y~~ S'~' Project: ~ 0~ ~ f ~~xans; ~ ( 1 Q ) ~_~ ~~~~ _~~} ~ ' t Case No: ~S'Z6 Phone: No. of Copies / (/~~} a(~,T i Subscribg_d and sworn to before me this ~ day of ~~ _, 19~, by WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: ~~~ otary Public's S ature ~,•~a-r0~ ~O ~~•~, ••••• MY COMMISSION EXPIRES: Oc~i Z, 1998 Y ~r 1 .,~ 8 ^ ';1'~ 516 E_ Hvmnn Avnnnn See ~ ` r l Address Aapen, Coiorado 81611 ~ _ •, •~~ ~a~;r,(~dtOt,..~.'. . ~ ., ,, i.v ~_. .., ~^ /~~,Jld'.:tff 111111 ~ i r..Ahtr~ ~~nw. County of Pitkin State of Colorado The unde follows: I, } 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 being or 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 ~~~~5 j 19 E .~~ to the _J (. day of ~~ 19~ (Must be posted for ~±- ~~~~_r,#° ~~.~~ "~z f'atl. days before he ing date) . _ :r ~ ~ ~• 5~ ~:, ~ ~ A licant's Signature ,. - f e ~ ~' ~ :i M~ ~' .. P.. ~~ r.,' ~- I ~~ Z F~ ~ ~. ~ ~, U ~l _~ i~ v 9„v.l, l"4i r%~ J T~ ~. ~~ ~~ Z~ Z~ a ~~ ~~ qy j'~ . j ~j~~ 4 1 .+~-o-y i~ ~.r~~..,~~.., y., .t !. CI ,~~ i ''1ji J ~ ~ ~`~~~ ~ 1 ~,~ d 1~ ~ r' f _ ~l y %~:~ f ~ f. -}-~ x`r A A ~~ ~~ ~~ Q ~~ 4 ~- E- ut X ~, x il c 1lO^~ 4 --~ -~,./ ~E~ ., ` \ ~~ ~,~ ~~ ~~, ~~ ~, ~~ ', ', ~,~ / / ~~ '~~ \~ 8~ o ~. 0 W !I ~ ~ ~ F ~u n~ M .. J ~~ ~~ 1 W h J O x W ~/ ~ / ~ ~ ~~ /~ . . , '~ \ k~ •~ ~_ ~ ~~ ~- .. \ ~ ,~~ . -~ ,~ ~'~.: ~. '~ ~ ~ ~~ -~ ~~ ' -. ~. ~ •,, .. . ~. n ~: J J U ~ O ,tip .. ~ :•~//~/ ~ / .r _~ J v ~~ ~! 1\ / ,/ , ,_ . ' , 1 '\ • . / ~_ ~` • 1 _ ~~. / _~~. . , . ~\e `~` ~/ J) ~ / t~- \`~ •,` .~ Q ~3~. ~r ~~ ~C Y ~~ ~ ~t-~. ~`~ / ~~_. `~~h f... ~ ~ ~ ~~~ ?~~, ~ ~ ,~ ~, ~., a , ~ ^1 , 0 /JtirJ ~~ J Y' ~ 3 J ~ 1 ~ y ~ :J~ o ~' ~a ~j a~ ..; ~.. ~~.yy V 386785 8-797 G-798''". ~/~J/95 03: 13p GG I OF SILVIA DAVIS F~i~KIN COUNTY CLERK t~ RECORDER REC DOC ~. 00 RESOLUTION OF THE PITRIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING SETHACR RELIEF FOR RENEE HROOR RESOLUTION NO. 95-26 WHEREAS, Renee Brook, owner of 0847 Aspen Oaks Drive, is requesting approval for an 18 foot southeast side yard setback variance, for construction of an attached garage; and WHEREAS, 30 feet is required for a 5+ acre 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 an 18 foot southeast side yard setback variance be granted for construction of an attached garage, as shown on the attached plans (Exhibit "B"), due to topographical hardship and other conditions not created by the applicant. Nr WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. ~,. ~. 386785 B-797 R-799 a/~5/95 03:138 RG ~ OF 4 Resolution No. 95-26 Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: September 12, 1995 ATTEST: ~,p~ Gl..~'' "0 U Suzanne Wolff, Secretary The Board of Adjustment of Pitkin County, Colorado ~X I+~o rr EXHIBIT "A" Legal Description for property owned by RENEE BROOK As 0847 Aspen Oak Drive Township 10 South, Range 85 West of the 6th P.M. NE;SW; and Lot 19 of Section 3 Pitkin County, Colorado [~! m m m cn n i r,7 cn cn C•J c~J n C.J 0 ~ ~ ~ _Q ....~ ~ - 1~- \~~~ ~~ 8 e -~.: P 1 ' ~ ~.~ J I . ~~ . \ ~ v ~.. , ~ ~; ~ ~~ J. 2 ~ ' - *~ ~ ` ~ ~. ~ ~ .. ~ / ~: ~ ~i • ~. ~. ~ x !.. ... o J i ~ ~r ~ ~ / ~ ~ ~ :.' ~o ~ ~'-, ,. \ ~ ~~ _ - ~ / ~ - - ~,, / F t p' d~ a~ r /- ~ ,, ; ~ a i~~' ; 3~ ~~ ~~ ~ ~~ ~~ 1( ~~ ~ W ~ ~ u Q~t~ x : Y h ,~ ,.\ w / t ~ a ~ 7a/,// • \ r V . . '~ / / •\~ ` ~\• \ S` ` / • \' h . .' ~ ~, C'^t~ 'y ~.i )~ ~'~ ~~ ~~ ~j ~> /~ / / / ~ ~ i / ~~• / ~Y / ,, , / / "~ ~"`~ ti0 / / ' ~ ,. ~ X86785 B-797 Fr-8~1 10/W5/95 Q-~:13R PG 4 •QF 4 NOTICE OF PUBLIC HEARING BEFORE THE PITKIN 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 bled 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, particulazly 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 GRANTID. DATE AND TIME OF MEETING: Tuesday, September 12, 1995; 5:15 P.M. Commissioners' Meeting Room, Courthouse Plaza City of Aspen: requesting approval fora 30' front yard setback variance, where 30' is required, a 15' north side yard setback variance, where 20' is required; and a major road setback variance, where 100' is required, for the erection of a sign at the James E. Moore pool. Property Location: on Maroon Creek Road; a tract of land situated in Section 4, Township 10 South, Range 85 West of the 6th P.M. Brook, Renee: requesting approval for an 18' SE side yard setback variance, where 30' is required for a 5+ acre lat in the AFR-10 zone district, for construction of a garage addition to a single family residence. Property Location: 0847 Aspen Oaks Drive; NE'/4SW ~/s and Lot 19 of Section 3, Township 10 South, Range 85 West of the 6th P. M. Wendel, Gerald & Andrea: requesting approval for an I i' front yard setback variance, where 30' is required in the R-15A zone district, for construction of a mud room/entryway. Property Location: 0189 Mountain Laurel Drive; Lot 46, Filing 2, Mountain Valley. Rathborne, Nancy: requesting approval fora 10' front yard setback variance for an entry; an 18' front yard setback variance for a carport; and an 18' front yard setback variance for a storage area; where 30' is required fora 34,889 square foot lot in the R-30 zone district. Property Location: 294 Draw Drive; Lot 30, Ridge of Red Mountain. Engering, Yvo: requesting approval fora 9' height variance, where 6' is allowed, for a berm along highway $2. Property Location: Lot 8, Holland Hills. Panichi, Richard: Requesting approval fora 25' front yard setback variance, where 100' is required in the AFR-10 zone district, for construction of an addition to a single family residence. Property Location: 406 Snowmass Creek Road; in Tract 75 of Section 27, Township 8 South, Range 86 West of the 6th P.M. Zeller, Gerd: requesting approval fora 10' rear yard setback variance, where 30' is required for a 4.467 acre lot in the AFR-2 zone district, for construction of a single family residence. Property Location: 39600 Highway 82; Lot 2, Goif Course Properties Lot Split. Submitted to the Aspen Times on August 29 1995. - To Be Published in the Aspen Times on September 2, 1995. Pitkin County Account Pitkin County Board of Ad,jusr._.ent Minutes of September 12, 1995 are required; and a major road setback variance, where 100' is required, to erect a sign at the James E. Moore pool on Maroon Creek Road. Anderson stated that the Friends of the Moore Pool are purchasing a new sign for the pool which will be 42 inches by 30 inches. The existing sign is only visible once you are already in the parking lot at the pool, and does not help to locate the pool. The patrons have requested that a sign be located before the pool on Maroon Creek Road. The sign will be located beside the bike path across from the entrance to the public school campus, and the sign will not be lighted. The Board discussed the size of the sign, and Schaffner noted that the sign is allowed to be10 square feet in size. Brickham moved to grant a 30 foot front yard setback variance, a 15 foot north side yard setback variance, and a 96 foot major road setback variance, based on practical difficulties, as per the plans submitted. Geller seconded the motion, and all were in favor. Case #95-26. Renee Brook, 084'1 Aspen Oaks Drive Graeme Means was present to request approval of an 18' SE side yard setback variance, where 30' is required fora 5~ acre lot in the AFR-10 zone district, for construction of a garage addition to an existing residence. Means submitted letters of support from the adjacent property owners. Means explained that the existing garage is difficult to use because of the turning radius necessary to enter the garage, particularly in winter. The garage was poorly planned and is too narrow for two cars, and the owners have limited storage in the house. They would like to create storage space from the existing garage and build a new garage with improved access. The existing curved retaining wall embraces the entire area; the roof of the new garage will be below the top of the retaining wall and will not be visible from Aspen Oaks Drive. Neiley arrived at 6:20 PM. There was no public comment. Cooper stated that he had visited the site and the garage would have a minimal impact in this location because any other location would require excavation. Cooper moved to grant an 18 foot southeast side yard setback variance, based on topographical hardship and other conditions not created by the applicant, as per the plans submitted. Brickham seconded the motion, and all were in favor. Case #95-27. Gerald & Andrea Wendel, 0189 Mountain Laurel Drive Dyer did not vote on this case.