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HomeMy WebLinkAboutpitkin.boa.95.31_„ _ ...:.: . _. n. ,;~ ., _ w , ~ ..., ; ~. , PITRIN COUNTY BOARD OF ADJIISTMENT DATE` v" CASE # / ~ '~ REPRESENTATIVE ~~ C~L DI,~~ l ~-~ / PHONE ~ 9 39 MAILING A/DDRESS Za ~ ~- %M) L L 5~ ~- /C~~-- OWNER L9' ECC D Z ~L~ ~ PHONE _, _.. MAILING" ADDRESS ~Z~ lNf, ~ ~~~1 LOCATION OF PROPERTY ~ D ~ a ~ ~ O L ~ G ~ L1I~,5(-; l~~C>PE"~T/(~S 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: F Zone District Requesting: Lot Size ' Front Yard Setback Variance where ' is required. •~ ty--2~ ~ I e,iuw nn. ate$wv& + ura et4n. •2w an av :ru r+ rv h. Nxa n .~.rv s _... l.. i ~Q '.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 fiwh-ere a maximum of sq. ft. is allowed. Other ; ~(41, ~ ~'1~/J y1.c~, P'~ i~/~ , C:~ O~ _,QA"J~.OvI~~ .l-(~.9/~ /~i~U O'~Ral~ Application filed Date of Meeting _ Notices Mailed _ Refer Resolution Zoning officia ~. )(~, o s, f ^~~ Parce ID No. Z"7 S /r ~ -~`~-~(~D-Z .-- Secretary to Building Department _; des ~, ' ; No THE PITI{IN COUNTY BOARD OF ADJUSTMENT .., ,,. ..,.,,_ ~~~_.. USE VOARIANCE DESRCI27BE $ T,OW:FFECTED, BY THE REQUESTED ZONING Pu Mace as itti suant to ]?itkin County Resolution of June 5, 1955, as amended, a Public Hearing will City Council Chambers, City Hall, First Floor, Aspen,. Colorado (or at such other p e meeting may then be adjourned) to consider an apphcauon filed with the said Board of Adjustment requesting authority for vanance 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 vanance, as the Board of Adjustment will give serious consideration to the opinions. of surrounding property owners and others affected in_decidng whether to grant or deny the request for variance. THE PARTICUT,ARS OF THE HEARING AND OF THE REQUESTED VARIANCE ARE AS FOLLOWS: Date and time of meeting: Owner: Owner's Address: Property Location or Description: September 12, 1995 at 5:15 p.m. ' Commissioners Meeting Room Courthouse. Plaza, 530 E. Main St. Gerd Zeller 729 W. Hallam Aspen, CO' 8161 f 39600 Highway 82 Lot 2, Golf Course Properties Lot Split Requesting approval fora 10' rear yard setback variance, where 30' is required fora 4.467 acre lot in the AFR-2 zone district, for construction of a single family residence. Approval. of property line. request would' aI'low the proposed residence to be located 20' from the rear VARIANCES GREATER OR LESS THAN. REQUESTED COULD BE GRANTED. Duration of Variance: Temporary Permanent X THE PITKIN COUNTY BOARD OF' ADJUSTMENT Suzanne L. Wol~ Secretary 130 S. Galena Street, Aspen, CO 81611 (970) 920-5093 ~s{qa R{a .. ~: .,~ APPLICATION FOR VARIANCE' Owner: Gerd M. Zeller Property: Lot 2, Golf Course Properties Lot Split Lot Size: 4.467 acres Address: 39,600 Highway $2, Aspen, Colorado 81611 Zone District: R-30 Variance Requested: 10-foot. rear-yard set-back variance where 30 feet are ',required Owner's Representative: Richard Y. Neiley, Jr., No. 9878, Neiley & Alder, 201 North Mill Street Suite 102 Aspen, G`olorado 81611, (970) 92~'=9393 ~ , ~""~ APPLICATION FOR VARIANCE The Applicant Gerd M Zeller requests a 10-foot rear-yard set-back. variance. The parcel in question is 4.467 acres and is located within the..Fk-3"6~ Zone District. ,Q-F~- The subject real property is located across from the Aspen Municipal Golf Course between the. Maroon Creek traffic light and the Tennis Club Subdivision. The,,,lot ,split was originally platted in 138$. As part of the lot split review process, a considerable amount of ,attention was given to minimizing impacts on the view plain from Highway $2'toward Pyramid Peak. `As a result of these cohcerns, the building envelopes for both lots were located at the extreme edges of the property. The building envelope for Lot 2 has as its front envelope line the 200-foot set-back from_Iiighway 82. The real envelope line was established 20 feet from.the rear ;property line, in accordance with then existing set-backs. The 1994 changes' to the 'Ptkn County Lind Use Code render the., platted set-back 10 feet less than that which is currently required. The building envelope is deter- mined to,be smaller than desired for the Applicant's development of his residence, and business office.. The Applicant seeks a variance on, the., basis of down- zoning and administrative hardship. To relocate the building envelope to create a 30-foot .rear-yard set-back would require a 2- step land use',„review process, a minimum of 6 months processing time and an inability to proceed with construction.. of the residence in 1995. The lot is significantly impacted by the 200-foot Highway 82 set-back. While it might be feasible to relocate the building envelope, to the west to create the 30-foot rear-yard set-back, such relocation would have a tendency to move the residence into the view plain. Furthermore, the building envelope as presently located,is well screened_by a heavy barrier of cottonwood trees, as depicted on the survey. Moving the building envelope to the west would reduce 'the effectiveness of this screen. The, building envelope is modest in size. The property immediately adjoining the rear property line is deed restricted open space. The granting of a 10-foot set-back variance will not have any negative impact on any adjoining property. ` The Applicant respectfully requests that the Board of Adjustment grant a 10-foot rear-yard set-back variance so that the residence may be constructed within the platted building envelope on the property. 1 - .. .,. - ., .. ,.: ,. :; ~b..°ax...t;a5..a ~.,V rl. ,LffALx.. in. m,v.XM.~ Richard' Y. Nei 201 North Mill Aspen, Colored (970) 925-9393 2 No`9878 Suite 102 l_ ' . v 'Y ~~p~~ y,~/~. ..M •- uP .r.. S.~ Y.4Y1 v:,r 4j Mlvsu: k~ {%P N{6roL '~ w ,~""-: _ y :. ... R , ... ,~,.- s. ~_. 1 aC1 Adjacent Property Owners David A. Nesslein P. O. Box 536 Coral Gables, Florida 33114 ~' Larry J. and Nancy D. Marks ,. 605 Hotel Circle South San Diego, California 92108 Victor Sherman, P.L.C. 2115 Main Street Santa Monica, California 90405 Colorado Department of Transportation 202 Centennial Street Glenwood Springs, Colorado 81601 Attn: Ralph Trapani Pitkn County 530 East Main Street 'Aspen, Colorado 81611 City of Aspen 130 South Galena Street .Aspen, Colorado 81611 ~ e r~.,~v~'~~ °, ~~ H .. 1. .~~ . _.. _._.... ._ ,... ~. .~ _... E% IBIT 1i Legal Description Lot 2, GOLF COURSE PROPERTIES LOT SPLIT, According to the Plat thereof recorded,~n Plat Book i8 at Page 26 and as amended by Plats Bookrded in Plat Book 18 at Page 74 and Plat 19 at Page 98 of the real estate records of Ptkin County, Colorado, County of Pitkn, State of Colorado. A ~ A /1 ~^~1f yi~~ ~~ w 1~~+'y'i 6 s ,... ~... `. :... Survey (attached) An 'accurate survey of the subject real property is included herewith. The survey is identical to that which is recorded in the real estate records of Pitk~.n County and `is to .._ ,,~.-.~„ ~ ,~ , o„~.. scale. The attached survey does not contain the executions that ..._.... PP r~corde ~ .. Aa_ copy obta ,..._.,. a ear on the d P~.ats as it is ned from t e surveyor's file. The survey depicts the building footprint within the building envelope identified on Lot 2 of the survey. The building footprint is to scale but does not include roof overhangs. ` ~.,r, rT ;~~ ~~. ;+ C\ .__~.. ~'~ ~. ~' \ ~ \ e 0 r „. I~.t ~,~,*„~k>'a5vµp` is ~Y".iv~i'3*S" •~V . . \~ ~~ i ~F£~'+S a3n i' °a f "CG~^ °-s ti. 4 O i!, ~. xt*k~s R, f wR. 1. // ~. • ~-r•~'". +,+' ^' ?.~ -r 31 a`iKe',1"'ez~n i ~ • !I,.JI • • v ~ 11 , •,. . / '° e' ~'~n ~~; ~,~''t~at.,- • • ° • i . ,t i • e • ~~ .,, ~:~ ~ ~ ~.... ~' ~ I ~ I ~ i I ~~ ¢g ~ ~ •~ ~ '~ °+R~E,~ r." x'di HL 28 • v~ • ~ y. • ° •° •1. • ~ °~ • Fly I • • • f // V r ~~___.•\ • ~~ • • 0 • ~ \fii47 9~'~yyp~~~1 ~(/~• p 18 29 •/I ° ~° •Y °°•~~~ " 9~e• ° ®•.°/.•\a~ •" . fa :~ \ r oc ~ a. ^`- / ~ ~ - ~ / i~~ CP / °rr' ,may=~t ~- ~. ~ .~/ /1 ~~~ ~ ~~~. `. 16 O~. °'` /i I ~~ ~ ---~ • .~ • -: d ~ ~r ~ ~~ (%1, ;, i _ ~ ' j ~ ~ ~° ~ ~ ~ ~ Soo ~ 5A 4 ~~ ~ ~ ~~, ~«~ , Ci~ i r,v ~ _ ~ ~ ~ ~~ ~• ~ ~ . ,.,xs,...~.e. < c. . <, ~ ~ .,::,,w~n..e,e..«:al:a..A»~3,"3-~ ~~x{.xkk t.6Ha,. - ~ . _. , . .. ,.. ~ ,~ ~ ~_ ,ti~.- '~ GERD ZELLER 729 W. `Hallam Aspen, CO $1611 July 5, 1995 Mr. Rick Magill Aspen/Pitkin County Planning 130 South Galena Street '' Aspen, CO 81611 Re:, Golf Course Properties Lot Split Dear Rick: Please accept this letter as my authorization for Richard Y. Neily, Jr. of Neiley & Allier Attorneys to process a land use application for the relocation of the access drive servicing the above-referenced property. I am the owner of Lot 2, Golf Course Properties Lot Split. Thank you for your attent~~~~~~ h'fs matter. Vc~:Y~~ ~l~ Yours, GZ/dd M.a:uaa~ _. ~, -'"d i _: .. ..c„~.r,. ~.,. ,~.: „q ,.,. ~, ~?,,.,.. a, .~.-.~+;nk ~;,rr. ...ak' ,,. a.G ~n ". ~'P.,r^a .a. #`a: ~e±,yk~. EXHIBIT "F" Certification of Ownership The undersigned attorney licensed to practice law in the State of Colorado hereby certifies that he has reviewed the real estate records of Pit7cin County and that by virtue of the Deed recorded, on June 30, 1995 ~in 'Book 785 at Page 741 of said real estate records, ti"tle to Lot 2, Golf Course Properties Lot Split is vested in Gerd M. Zeller. NEILE~r& ALDER Richard Y. Neiley, Jr., No. 9878 201 North Mill Street,' Suite 102 Aspen, Colorado 81611 (970) 925-9393 u- _. ~., . ~ , ~aM .. . -,~ ~. r-..., , .._.,, .~ a .. . , . P-, ~, August 24, 1995 Dear Rick, Two things regarding the Zeller Board of Adjustment application. 1. The zone is AFR-2, not R-30. I have attached a copy of the zoning map. Notice that the arrow next to R-30 points to the adjacent "subdivisioh, and' that the Galardi/Zeller parcels are dotted, indicating the AFR-2 zone district. 2. Please call me regarding the footprint of the proposed residence. I need to hear from you by Tuesday morning, August 29, so we can meet our deadline to post notice in the Aspen Time at noon. THANKS, Joanna P.S. Hope you had fun on your trip. ~,~~~r.~;~~g~ _~. a_.~:,._.. ._. ~:~~....._..::~,__.. ,. , ~~.• - ...,,......~..~. 1. ,.~• ,, •. ~.C ~...•. ...•.1 .. ~ ~ ~ . •-•~ ~~'' ':X`i:`~:":~f ~ ,:: ~..••.-'.;.~ -~• ~ •• 1'10 ii - :~-•' m /`_' _ ~•- ~.. O 1 ~ ' ^ ~' • 0 0 D D \ I ~ ~ '~• • • ... • ~~ 1 u - y~ - t .~...__ Aspen/Pitkn Community Y" Development bepartmen# 130 South Galena Street Aspen, Colorado 81611, (303)920-5090 City Land Use_Application Fees;.. 00113-63850-041 Deposit _ -63855-042 Flat`Fee -63860-043 HPC•_ - -63875-046 Zoning & Sign Permit - MR011 Use Tax __ County Land lise Application Fees: 00113-63800-033 Deposit _ - -63805-03d _-- Flat Fee -63820-037 r Zoning ~ -63825-038 Board of Adjustment _ Referral Fees 00113-63810-035 00115-63340-163 00123-63340-140 00125-63340-2d5 00113-63815-036 Sales: OOll3-63830-039 -69000-14$ County Engineer _ City Engineer _ - llousing _-- Environmental Health County Clerk _ County Code _ Copy Fees _ Other 1, Total b ~ .~ Name/Vluf~ ( Dau __ Addresg:2 0 a (~(, Proj I1~2- , _ .. ,~ .. ,._,W, Cas Phone: . ,,. .~ No: Check3 Z s1 ies _i.ne~ .'.~ t < 4F 1 t.. County of Pitkin State of Colorado The undersigned, follows: I T' ~ c being or representing an Applicant before the Pitkin County Board of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign pasted 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 tha~ S the said sign was posted and visible continuously from the ~_ ~~, 1 day of ~ ~ v` ~, 19G ~ fiC, '~ ~ "` ~_., to the ,~? ~-~' __ day of ~_~~-~' `,~ ~..1~-1`\'_i-~ ~.. ~ ~ .,~, 19 ~)_y,z_. (Must be posted for at least nine (9) full } AFFIDAVIT OF NOTICE BY } ss. POSTING OF A VARIANCE HEARING } BEFORE THE PZTKIN COUNTY HOARD OF ADJUSTMENT being first duly sworn, deposes and says as hearing date). Subscribed and sworn to before me this !?- day of ~~C ~~,~..~_L~'-.~-, 1915 ~ by ~~ ~c-~~,CV,,r i:~ , '~'~('_I _c~r-} --~ WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires " ~" f Notary Public's Signature Address -' ,,~,~, 3$G78@ 8-797 R-78~ ~~/c5/95 03:11G P'G 1 OF REC DOC N~ SILVIA DAVIS F'ITN.IN COUNTY CLERI; & RECORDEh ~DVJ RESOLUTION OF T8E PITRIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING SETBACK RELIEF FOR GERD ZELLER RESOLUTION NO. 95-31 WHEREAS, Gerd Zeller, owner of 39600 Highway 82, is requesting approval for a 10 foot rear yard setback variance, for construction of a single-family residence; and WHEREAS, 30 feet is required in the AFR-2 zone district; and WHEREAS, the subject property is described as Lot 2 of the Golf Course Properties Lot Split; 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 10 foot rear yard setback variance be granted for construction of a single-family residenc, as shown on the attached plans (Exhibit "A'") , due to downzoning. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. ~~ ~ 38678~D H-797 P-783 ,0/SS/95 03:11P PG 2 OF ~ '' Resolution No. 95-31 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: _. ~:.h.hR-O~ Suzan~e L. Wolff, ecretary The Board of Adjustment of Pitkin County, Colorado r. /~ s .~ / 1 <~ ~~ ~1 ~~ i ,,\ ~~ \ ~~ `~ r (+7 LL 0 F+~ U' i:i LL .-a ,-~ ~ ~ M Q, ~y u e ~1 - J. V7 ~ ~'u g-; 9 a, ~ J ~I ~ ~ ~ ~I iZ ~~ 0 ~ J f ~ W r v 9 m ti ~O M ~ I 1 u• i 11 j r ~- "S, u ~ I z a 1 -x i i. I wI ,L 5 I ~ µi d I ~ ~ ~~~ t o~ n _ ? _+ ~ ~ no ~ ~ A 1 I ~' .,~- I ;- _ i I I I ~~ l~.c i , i~ i~ ~ ~ ~ i' ~ Y. (~ V • W ' .~ ' ~ \~\ ~'\ ~ r ti 13 la :o I I- I° .e I If I ~}: 11 I~ I~ I~ ~I L _~ ~d~ i R~ ~` -~ i I x g ~ c u ,~ u C/~ ~~ ~ n J ~, ~ ~ e d . Q ~' ~ • ~~ r M1 -a • O ~• D D ~ Q ~-~ 1 v n a, u ~ ~ ~..! ~ . ;. i.~ OF ADJUSTMENT LING VARIANCE 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 tiled 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. A VARIANCE GREATER THAN OR LESS THAN THAT REQUESTED COULD BE GRANTED. 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 3.0' 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 IO South, Range $5 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 lot 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'/.~ and Lot 19 of Section 3, Township 10 South, Range 85 West of the 6th P.M. Wendel, Gerald & Andrea: requesting approval for an 11' 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 82. 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, Golf 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 Pitlcin County Board ofAdjus. .at Minutes of September 12, 1995 Johns stated that the existing residence is located entirely within the 100 foot setback. The owners propose to remove a shed and bedroom on the back of the house and to build a new addition. There is a steep slope located behind the house. Neiley noted that the lot is constrained, and the least impactive location for the addition has been chosen. Brickham moved to grant a 25 foot front yard setback variance for construction of an addition, due to existing conditions and topography, as per the plans submitted. Dyer seconded the motion, and all were in favor. Case #95-31 erd Zeller 39600 Highway g~ Neiley did not vote on this case, as he is representing the applicant. Gerd Zeller, Rick Neiley and Richard Klein were present to request approval of a 10' rear yard setback variance, where 30' is required in the R-30 zone district, for construction of a single family residence. Neiley noted that the lot was created by a lot split in 1981, at which time the property was reviewed far scenic impacts. The building envelopes were placed at the farthest extremes of the property to minimize any impact on the view of Pyramid Peak from Highway 82. The envelope on this lot was also required to be placed behind the stand of cottonwood trees, and was placed as far back on the lot as possible, which coincided with the required 20 foot rear yard setback. When the new Code was adopted in 1994, the rear yard setback increased to 30 feet, so the building envelope is now located within the setback. Also, all development is now required to be located within the building envelope, including parking areas, decks, etc. To accommodate the proposed development, the owner must either amend the, plat to move the building envelope or obtain a variance to build within the setback. Applying to amend the building envelope would be contrary to the intent of the original approval to protect the viewplane. The Moore Open Space parcel is adjacent to the rear property line of this lot, so would not be impacted by the granting of the variance. There was no public comment. Dyer moved to grant a 10 foot rear yard setback variance for construction of asingle-family residence, due to downzoning, as per the plans submitted. Brickham seconded the motion, and all were in favor. Approval of the minutes of August 1, 1995 was tabled to the October 3, 1995 meetine. The meeting was adjourned at 7:45 PM.