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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.
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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
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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
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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'
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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 -_ ~ ~ ~ ~[;
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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
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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
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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
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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
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Pitkin County, Colorado. ¢
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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
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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
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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