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HomeMy WebLinkAboutpitkin.boa.94.02_ ~,, z~ _,_ ---- JAM Elf '°~~i ~J7!54I~11 ~^fE:SbTT~~ ~"'R ~~~ 81TT.7:EP G'OUNfiY '~"l'y'„Y4¢' i o ~d1p o~ t~fleT08'A`M~~T ~ ~ 5,~~~ b„~~ / /v hppT;T.C..AptT ~~.~,~~~~ ~:~..: ~. P.2 ~3 ;,~+ Cr:3~ ~ ~~-/~9 y-a ~ _ _--- Q PHONE> ~.~~?~G O / 9 rii.'1aL1:NG }~UDRE9s ~ ~ ,(~ ~=i9-~/~!-~~"~ //2 ,~.X?yiU!ol/ f'~'' ~. ~ '" _.~..._....1-?~ ~ 3 ~~G t1AZLTPtG .ta2iRE83 ~, ~ 4~~ / ~/~ ~/U/Z~T ~(~12~/Z~S+r CCU BU/~3l LCSCJiTapK "31" P1t~P15E2TY ~r~,__i-' ~/3,~ y~ ~~~ .._._.,~.___.~:___...._.___ _ /~Sr~c~~/ ~~ ~~(~/~ ! tine oon~r _.__. _ _.__ .~ NE/ysw%Y ~ L Lary ~}~z't.~rtatnf^ d>~t~ rt3uu,x2: .9 «c~~mpany S;ti2F,r a~i;J.~+Swt}.sarr, s~.r2G! w41,i :fie &~Rr~t~ ~~1C'~ d$ ttt}.za CEtt1~„ 'i`~i~ ~c~ar.,d :nay 7 #sttxrrl 3hiw~ tiK3i~11.ca41c~tr },£ 1'~ daQet rYrlt c~rztt~sln X3.1. their ~?~e3ks i.n c}uecatiorz. 9 •' ~ ~l ~pp1,i.G,~nt 9~c~nakzx~^,a .r._~'--~ n~c~c;~ 9. sa .-..,..~...,..,,~~,...-..~~,.~.~auar.Mmurcamafmasnr~ozv+;mm+~.m~^:~-... ,...... ' (T~SJ ~s~ dd~+AaeL'~d b~ 47$ao $QnSAxJ EJd'gY~Ct83~311:) p2^a~r},rc3.ea22i~ ai the ~ot~irry rsarvl.utian t'ec~ta}xix,r~ I~iasn ~dn}.nc} Ofi`9_a:12a;1 to iCraxWaxd i',Sa£4a a~7p~,i,d~G.iart to tir!~ Baaxd n~ hc3juaL'tue,n`e, ~a~c~ z•o:lean3 taz• Srcat ~xatrting a btaiAaSi.nr~ p~zm#ta r Ft41t~t908$ln(~2 ~.P.~-~._ Z~tnE3 1Vi.stzfc;t: ..¢~Q...,W.' FYg2?t xyx•cl ~~k2sz2zr)z Yaraancr3, wrlactx~, 140 v is r~ze~uuS.x'~d. ..~..._........' ltsaar Xax~d s~ntback Vs~xiax2r.:r, why:r.e __,__•~ zs requirmd, ..._.-.,..~...' _..w... ~iida Yard fiet~r?4k Vrix~l,~z~ac+~, rah~ra M,,,~` is r9c~.2ireel. w.~.~,.,..,a,' ,w.~. 233.da X~.xtd Se.G.~ia ~~k. Farr. ~a21^aty, wltate ..__ -~..' ii~},ght' Varl~xica, A7~rry~P __._....' a.~ requareci. ..._._.....,__. ~~i~arcc' Fetgai„ erh~xE ~ m_y:ef~~!rm of _.~..v. raq. fit, .is ~t.ilOSPad. Other: Sidztin~ Ottic},ttl - ~XY~I, ~ li'(^~ ,'~~....t~_._~._ rspp}}a~tion f}.leci / Ib R~ .. ;az'ce1(Jt.D No. 2~3 ~ m DO _p (late csE i9~9tS.rtq , ~ r 9 _ Srotica~ t2ailad v/lg ~' _~....r._._._ ~eaxetary ~~~~ ~`~~°~~~~ fic,ts~x• itnwrbi.~:ttidn la Etu_Lidiriq or,i~Ax*mernt ~~ ~ G~ UU ~--ir~'^` Yep ~ ~ BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to Ptkin 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: Name and Address of Applicant: Property Locution or Description: February 1, 1994 at 5:15 p.m. Council Chambers, City Hall Darci Lynn Chandler-Davis Renee Brook 59B Eastgate Drive Boynton Beach, FL 33436 0847 Aspen Oak Drive; a parcel of land situated in the NE4 of SW4 and Lot 19 of Section 3, Township 10 South, Range 85 West of the 6th P.M. Requesting approval for 20 foot front yard setback variance, where 100 feet is required"in the AF-1 zone district, for construction of an addition to a single family residence. Approval of this variance request would allow the proposed'addtion to be located .......... 80 feet from the front property line. VARIANCES GREATER OIi LE38 THAN `R'E`QUESTEI"5 COULD B"~'GR2~NTE$. Duration of Variance: Temporary Permanent X THE PITI{IN COUNTY BOARD OF ADJUSTMENT Suzanne L olff, Secretary and her under c concern for Cher of a des granting Due to ai p g g) p Y' "' wuV band (both mt~i~ie~rtmed sixties] Have the above described p plicant roperty ract for purchase and, due to a history of 'health "problems and lout the coming years, would like to adiT a bedroom and bathroom des on the ground floor A 20' variance would permit execution that would free them from the handicap" ol`}using the stairs. The Ffirms that thefp are two hardships which would justify the Board invariance "" dusturbitig`a. lard garage"a~d recor Secondly;`fhe za 5.03 acres of this of 2.85. The Pr greater and re~u. lot size is AF`=2" "vs ~~w ~. I and ~raina a considerations not created b the a licant, front or garage sides would present practical difficulties ~itionalTy, constructiort`on `the garage side would necessitate ~..:~ portion'of this "area around the house to accomodate a new gored parking. ".... , . x~, ,, ~, ~g of the Property ~s not consistent with -ts size. Of the roperty 2 >l8 acres in common area, leaving a net, acreage erty' is currently zoned AF=~~ wFiich ,requires "'l0 acres or _... _. GRAEME' D MEANS "' ROX 495C ASPEN CO Hibi? TELEPHONE. 303 9?5 91 $0 The County plans to rectify these kinds of conflicts with the new Land Use Code. This ;proposed code, in its present form, would require that this Property have a 50 foot front yard setback. Additionally,` the variance would not adversly affect the public good or the intent and purposes of Elie zoning regulations, but would be preferable to other options because, of its minimum visual impact. :: ~' i Aspen Oak Tennis Association c% Don Mc%innon PO Box 831. Aspen CO SI612 Don McKinnon PO Box 83l Aspen CO 81612 Wesley Cantrell PO Box 2662 Aspen CO 81612 Paul R. & Dorothy J. Smith PO Box 448 Aspen CO 81612 Vincent G. & Elaine J. Santucci 3265 M.etridan Pkwy. Suite 114 Ft. Lauderdale FL 33331 Paepc&e, Walter P. Life Ins. Trust Holland'& Hart c% Thomas J. Todd 600 E. Main Aspen CO 81611 ~~,ra,~a«r? C j c> _~ ~ - C~ C1_ ~~ ~ Q c'~1 ao ~ O `~ O ~" _~ ~'~~` ` ~~ C `~ ~' J- U _~ s_- . 9~ ~s> Q ~~ ~s~ ~ ,~; ~ O ~(~_q O ~ .~ cJ~ 1-- o ~` ~~~~ ~j ~I- ~~v ~ ~. _/~~ 1 ~) /~ Q~ q ~~ ~O ~. a ~~ ~, o~ Lll I _ ~1_ ~ ~ ~~ J ^1 ! y ~- o c~ - ~ J ~)) ~ ci ~ nL Ul C. ( u ~ f' w O ~_ !~ ~-~ 3 `~ n ~t> ~ y~ `~s> I~ -i~l ~~ ~ --.~ O 9 Gl (11 0. ~~. ~ ~~ ~' / ~~ t~ -~ p stn ~- ? 'C ~; 10 0 ~ '~ ~S 7 Oc. ~n ~~ L y 4~, 0 -i: c) ~z 6~ ~" v ~~ ~ 0 4 2J ~~ t,c ~ C~ ~j lrf~ J v ~ -~ ~9 ~~^i `/\ ~/ >, -c~~ C U~ ~ ~~ ~ ~(_ ~~~ `~ ti~ ~ O ~ ."' .~ ~q~ d m ~ o U w~~ ~ y v a ~ ~~ ~' ~ ~ o ~., o ,° ~., ~~ ~~ N ~~ a~ o ~ ,~ ti ~ ~~NVV V Q V ~~ ~ ~~ ~ti w •H o ~ ~ C7 ~ a, <<~ J <z ~~ U) O I- z :~ Q .O L (uliJ ~_7_~ ~. l G C~ _ _._ ..__. (~UII J~_L ~ ~~ i~ C) b~6 J `~ ~- •>>~ Cr0 ~c~> ~o \ 1L ~Cl ~...~ .., . ~ ., Don McKinzon PO Box 831 Aspen CO 81612 Pitkin County Board of Adjustment 130 S. Galena Aspen CO 81611 January 26, 1994 Re: Variazace on 847 Aspen Oak Drive Aspen Colorado Dear Board of Adjustment Meznbers, I am aware of the variance being sought by the applicant on the property adjacent to my home. My properly is the most affected by improvemeztts of tJze applicant, and I wholeheartedly support Jzer application and encourage Phe Board to approve it. Sincerely ~. `. ~1~~- " ~~ Don McKinnon ~.<> ..- i ~~-~ ply .. bacri Lyrtrt Clttt~:ruler-.tlavis 2431 Yirsel~urst - • e'vergr'een CO 80439 f ~tkzra Couyrty evard v,/~.Asljustriaent 130 ,s. Crnaeita Aspsn CO.8X6.11 . Dea`enaber 3l, .1993 lia: ~tt~~!/5~.~4d7 ~1 ~trt: t,.a3~..1?.,, ~,.., ....,~,, _ ,; ;, ~ ,,, Ilerrr llnirpd nj'~:djustrnend A4etrahers, 1' crrl tYwure aj' lire s~arirrnee to 20.junt G~eiatg sought 3 y tlae aJr,~licn,at nu alas above captinraed larnprrly >vlaicla I rru~n marl I hove aav objscti.ans. Sincerely, I:lnerz Chandler-Davis ;~ a ~~'ti. ~i.:~ d' ,~` _ I harcn/ru ntn ruanntnu vrrt~t 130Soutfi debna Sveot MpYn, Cobrodo 01811 (303) 920.66410 AND USE APPLICATION FEES TY: -s32so-13a -8327x136 -8328x137 -6330x139 •6331x140 -s33za1a1 -s333o-1so -83432-157 -63432-157 -00100-00000.31070 STORK PRESERVATION: • -63335-151 - -Ca3336.1'52 -83337-153 -63338-{54 -63339.155 )LINTY: -63160-126 -s3nat2~ -6316x126 -6319ai29 -632oa1~o 6321x131 -6322x132 -s3z3a133 -6324x149 -s345a1as -63235-148 iFERRAI FEES: -s336o-1x3 115 -63340-t63 123 -6334a19o 125 X63340-205 ANNING OEFtCE SALES: -s3oea1a2 -6900x145 cress: x.!c r L-.Y..-L__.._D8ti: GMP/Conceptual GMP/Final SU&Conceptual SUB/Fnal All-2 Step Applications Ail 1 Step Applications SfaN Approval Zoning Plan Check Sgn PermR Use Tax t6r Sign Permits Exemption M)nor Major Devel. Signif. Devel. Demolition GMP/General GMP/Detailed GMP/Final SUB/Gerieral SUi3/Oetaiied` SUB/Frial AA 2 Step Applications All 1 Step Applications Sfaff Approval Board of Adjustment S Zoning Plan Check Engineering -County Engineering -City Housing Environmental HeaRh _ County Code Other (Copy Fees) TOTAL --~~- ~J`~ Phone: a Projece -_ ~ ~ ~ ~[; i t? , a.,d 8 'ti.A~~: ..,.;. County of Pitkin } AFFIDAVIT OF NOTICE BY } ss. POSTING.OF A VARIANCE HEARING,.,. state of Colorado } BEFORE THE PIT&IN C041NTY BOARD OF ADJIISTMENT The undersigned, being first duly sworn, deposes and says as follows: I, ('raeme Means , 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) ar~.9lhat the said sign was posted and visible continuously from thc: _. 22nd _ day of January , 1994 , to the 1st day of Februarv 1994 (Must be pasted for at least nine (9) full days before a wring date). _: ~~ plican£'s Signature' Subscribed and sworn to before me this 1st day of February , 1994_ , by Michael Cooper WITNESS MY HAND AND OFFICIAL SEAL. My Commission ' ° '~"" Notary Public's S 7 ', '» `^';~ ,.. CJTla_.~LL`e _ -.,u °= .. 4'~. ~"~~'s9 rvy1 ,F ~~ H~, -, ~.' ~. a S~ ~c~ RESOLUTION OF THE PITRIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING SETBACK RELIEF FOR RENEE BROOK RESOLUTION NO. 94-02 Renee Brook, owner of 0847 Aspen Oak Drive, is requesting 20 foot front yard setback variance, for WHEREAS, and approval for a residence; construction of an addition to a single family WHEREAS, 100 feet is required in the AF-1 zone district; and WHEREAS, the subject property is within the unincorpdrata~ ached)f Colorado, (as described in Exhibit "A", Pitkin County, and, ower to grant WHEREAS, the Board of Adjustment is vested with th Section 16-1.3, or deny such variances by virtue of Title II, Pitkin County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-Z8-118(2) (C); and, h evidence presented., the Board of Adjustment WHEREAS, based on t findings: i makes the follow ng the including 1, Proper notice procedures, of all adjoining property owners, notification by the applicant. w h n o has been s required hardship or practical difficulty h 2, e T has been established. 3• Granting such relief w blico welfare`andswill the t p o tial detriment impair the intent and l y not substantial Resolutions and the i ng purpose of the Zon zoning maps. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment, that a 20 foot front yard setback variance be granted for construction of an addition to a single family residence, due to downzohing and topographical hardship, as per the plans submitted (Exhibit "B")• WARNING: Any violation of the termos s ble revocationion may result in rehearing-and p ~~ ~_ c i~ m: ~a r- ~o r'~ ..~..:. J,_ . ~,b,,. ,1~~,.,.. F-:i~"N. Resolution No. 94-02 Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: February 1, 1994 The Board of Adjustment of Pitkin County, Colorado ATTEST: ~~w~~ Suza ne L. Wolff, Secretary a :a co i ra ::. _, ~; ~~ ra p_ u~ r- t s~ ca ,-. t~ M? ~_ _ ~ ~ _ EXHIBIT "A" Legal Description for property owned 'by RENEE BROOK 08A7 Aspen Oak Drive Township 10 South, Range 85 West of the 6th P.M. ~ NE4SW; and Lot 19 of Section 3 ~~ [o LL Pitkin County, Colorado. ¢ ra ... .~ ~; M~ r_ ~~ ~~ a ~'- ~r, ca ;_ r, b.b ~ ~ , ~-,. ~ ,. ~- ~- ~~ ~ 1 / a i ~ _~ i ~\ ~ \I i ~~ / / / '~ ~ eg \ I ~ ~~ / ~ 1~ / \ ~ ~ r~ i" ~ ~ / ~, ~ / .~, 3E / I / < / a i ~ ~ ! .. ~ ' r; •/ ~ ~' _ ` / / y /. - / / = ~ •_:. ;- , i ; ~ ~ ~, 0 ~' / ~~~ i ~ 1 ~ ~ ,.., o ~ - ~ o ~ ~, i ~ a ~\~ JI d~ ~~ T3~ye~ 3y '~ ~ ;ua `~ J~~ \ r, 0~ ~ I ~ I 'ry ~ ~~ u i~0 dn~ ° ~ oa`~ V' ~~Y ~ ~ \ u ,~ ~ [LL \ '~ ~~ R F_ ~ 00 ~~a \\\\ss d 1 ~ ~ ~ r~ a (~ ~ ~ Wpb P 6J ~-~ N ~~ FX>, .. , , ~.... , ~ ~;,,a .. . ~ ti;... ,... . ~ . , .,.. NOTICE OF PUBLIC TO ALL'PROPER"T held in the Distract Courtroom Pitlan Count ~" ~ ~ as the meeting may then be adjournedTyo consider anCourt ouseeAspen,SColo don (or'at such lotheraplagcegewill be authorit foravariance from the roves ons of apphcation filed with the sazd Board of Adjustment r nesting Y p 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, particulazly if you have objection to such variance, as the Boazd of Adjustment will give serious consideration to the o inions of surroundin ted in deciding whether to grant or deny the request for vanance. A VARIANCE GREATER TFIAIV ORf LESS THAN THAT REQUESTED COULD BE GRANTED'. DATE AND TIME O>~' MEETING: Ti~c.d<ly, February i, 1994; 5:15 P.M. Cowncil Chambers, City Hall JBJN, Ltd.: requesting approval fora 10' south side yazd setback variance, where 50' is required in the RS- 30 zone district, for construction of a deck on an existing single family residence. Property Location: Lot 8, Block 4, Filing 2, Gateway of Snowmass Mesa. Chandler-Davis, Darci Lynn: requesting approval fora 20' front yazd setback variance, where 100' is Range 851We t of th 6th p i~rict .for an addition io a single family residence. Property LocaPon: ' 0847 As n Oak Dnve• a azcel of land situated in the NE /< of SW /< and Lot 19 of Section 3 Townshi 10 South, Submitted to the Aspen Times on January 18, 1994. To Be Published` in the Aspen Times January 21, 1994. County PO /00'113 ~- Members Present:. Rick Neiley, Chair Ellie Brickham ' Rod Dyer Bi11 Lukes Members Absent: John Wheeler Michael Cooper Shira Geller Staff: Joanna Schaffner, Zoning Enforcement Neiley opened the meeting at 5:20 p.m. and introduced the Board to those present. nowmass esa ,. John Spencer was present., representing the applicant, to request a 10 foot south side yard setback variance, where 50 feet. is required in the RS-30 zone distrct,`for construction`~`of a deck on an existing single family residence. Neiley read into the record a letter from AnnWNeuburger-Glfillan', an ad'acent'owner statin her o 7 _.g pposition to the variance request based on its potential impact on the value of her house. She also complained that the builders "drove over several trees and other fragile bushes and shrufis'~ `on the °Sot. Spencer responded that there were only two trees and some brush on the lot. He"noted "'that 'the lar'g'est tree `t/a's' moved to another location on the lot, while the other one 'was"'given to Neuberger- ... ~. ... Gilfillan, at her request. Neiley noted that a 75 foot front yard setback"variance and a 20 ~ foot north side yard setback variance were"'granted for this property in 1992" due to downzoning~and topographical hardship., Spencer stated that the 'original house design included a stepped deck on th"e south side of the house `outside of °the 5idem yard setback. The deck was'subsequently redesigned and enlarged. There-was nc public comment. Dyer noted that the plans show that the actual variance request~is for a 38 foot south side yard setback. Neiley'"'stated that`the closest conforming zone district is R-30, which requires a 15 foot side yard setback. "tie` add'e'd~tYia't'he was 1 ,~. <-- ,-~~~ ~, not convinced that the variance would neighbor since the 38 foot side yard application exceeds that ,requirement. impose a burden on the setback requested in the Lukes noted that the deck is more than 20 feet above grade at one point and is quite large, and therefore has quite a visual impact. Dyer stated that he was concerned with the height of the house because the deck was so high above grade. Schaffner replied that the roof complies with the County's building height regulations. Dyer added that the bulk and height of the deck will not be changed by the granting of the variance. Lukes questioned whether the impact of the deck would be increased by allowing it within the setback. Dyer replied that the lower end of the deck is the portion that would encroach into the setback. Lukes agreed that the variance will not change the visual impact of the deck. Lukes questioned whether it was necessary to grant a 12 foot variance instead of the 10 foot variance, since the deck is so large. Dyer replied that the 2 feet will be added on the lower end of the deck. Neiley and Dyer noted that the owner could build the same size or a larger deck outside of the setbacks. Neiley moved to grant a 12 foot south side yard setback variance, as shown on the plans submitted, due to downzoning. Dyer seconded the motion, and all were in favor. Case 94-02 Renee Brook 0847 Asnen Oak Drive Graeme Means and Brooke Peterson were present, representing the applicant, to request a 20 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, for construction of an addition to a single family residence. Means stated that the applicant proposes to construct an 1,100 square foot bedroom addition on the ground floor of the house, and that topography and the existing improvements on the property require the variance. He noted that the house is built into a north facing hill, and that the bulk of the addition will be dug into the hill and will not be visible from the road. Drainage off of the roof limits the area for expansion to the west side of the house. The addition will be partially separated from the house to maintain the existing drainage. The east side of the house, where the garage is located, could potentially be used for the addition, but that would require relocating the garage and recontouring the parking area and driveway. Neiley read into the record a letter from Doug McKinnon, an adjacent owner, stating his support for the variance request. 2 ~ ~ ~ ~ F' .. .~ There was no public comment. Lukes ,noted that he prefers the way the design articulates the addition rather than just extending the bulk of"the ~oixse.'rHe"also noted that the actual front of the house is at least 100 feet from Aspen Oak Drive. halydsh p thDyer secondedtthe motion andnalllwerenintfavoraphical The mihutes of January 4, I99"4 were approved as written. The meeting was adjourned at_6.00 p.m. Respectfully submitted, ~,~w~~ Suza a L. Wolff, S retary 3