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HomeMy WebLinkAboutpitkin.boa.94.08 PITRIN COUNTY' _ BOARD OF ADJU5T2X~NT` " DATE .i~I~I ~~'T CASE # ! 7~b0 REPRESENTATIVE ~Q~4~1~11CN(~ ~c~TF/Z~"D~SOIU PHONE /~I MAILING ADDRESS i .. ,_. OWNER LA-~/ze~yCE ~~'~Lb~ G2 ~ ~~° .~~ // PHONE{ ~`-~ tI ~ ~'.>~ Z~ MAILING ADDRESS ~/5~9 ~u~l((,~_ F~/. , ~,~j}n/J~ /S/f~ At/1 N~ ~r~~ht LOCATION' ~I~GK a 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: Reque§ting: - Zone District nO j„G.~c~;Lot Size _L.~' Front Yard Setback Variance, where/~1f9 ' 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. Other: ~: w-..,, ._. u.,~~ ~ , ~.t, ~ . Zoning Officia~-~-E~_,~~~~ _ Application filed 3 ~~{ Q'f Parce~ID No.' a~~"I- ~a -©(- b/Q Date of Meeting ~~ q Notices Mailed 3 Z ~ ~ Secretary ~k.~ ~i'~~ Refer Resolution to Building Department ~; _~ yes ~ ~ ,,,, .. ,.:,~ d . _ e ,.~~m , v.~a~,„~., _.. ,, POBLI'C 'FiEAtiI2~'G TO AD~`A'C~Tf'1'"P~tOP'ETtTST"' dW17EI2'S THE PITKSN COUNTY BbARD`b'F ADJUSTMENT " ~. TO ALL PROPE~2TY OWNERS AFFECTED BY TAE REQ'UESfiED 'ZONING""OR' T7SE VARIANCE DESCRIBED $ELOWc 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 per~ons affected by the proposed variance are invited to appear and fate their views, protests or objections. If you cannot appea~ 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.. ASEFOLLOWS~ARS OF THE HEARING AND OF THE REQUESwl"ED`VARIANCE ARE ' Date and time owner: April 5, 1994 at 5:15 p.m. Sheriff's Conference Room Pitkin County Courthouse Lawrence Taylor 4509 Qiail Lane Grand island, NE 68801 Lot 36, Block 2 Crystal River Country Estates of meeting: Owner's Address: Property Location or Description:^, Requesting approval for a 78' front yard setback variance, where 100`' is required in the RS-30 zone district, for construction of a single family residence. Approval of this variance request would allow the proposed residence to be located 22' from the front property link. VARIANCES GREATER OR trESS"TH'AN'`"REQtTEffi"'Eb`(:CSTJ`LI1"'F1E""G~YAtITED."' ""~ Duration of Variance: Temporary Permanent X THE PITKIN COUNTY BOARD OF ADJUSTMENT ` Suzanne L. Wolff, Secretary ' `u gR~ ~3~~~. '. i March 10, 1994 Board of Adjustment Pitkin County Aspen, CO 81611 Ladies and Gentlemen: ,, This is a request for a variance from a 100-foot setback to a 58-foot setback on Lot 36, Crystal River Country Estates;` Carbondale; GO. _ . ... The lot size is approzirnatiely 'f .0~ acres: When the area was subdivided and'thelot was reviewed fora 1041 environmental impact study; the building envelope was established. The building envelope was also determihed by an electricaT~power line going overhead above the lot. "' " Because of the lot size and the overhead power line, an adjusted setback from 100 feet to 58 feet is being requested. Sincerely, /! ~ _ Q. / Raymond W. Gotfredson Prospective Buyer ~, .. ~. ,: Shelton, Ray 5649 S. Delaware St. Littleton, CO 80120 Salutation: Mr. Shelton Property: Crystal River Country Block 1 Lot 1 Property Address: County: Pitkin Agent: JMB Notes: Transfer Date: / / Price: 0.00 Transfer Type (Sale=1, Other-2): Casebeer, Carolyn 0358 Crystal Circle Ca~pondale, CO 81823 Salutation: Ms. Casebeer Property: Crystal River Country Block 1 Lot 2 Property Address: County: Pitkin Agent JMB Notes: Transfer Date: / / Price: 0.00 Transfer Type (Safe=1,Ofher=2): ~' Young, Ray & Shauna Maxus Ecuador Inc. P.O. Box 650496 Dallas, TX 75265-Odg6 Salutation: Ray & Sahuna Property: Crystal River Country Block 2 Lot 18 Property Address: Gount: Pitkin Agent: JMB. .Notes; Transfer Date: / 7 Price: 0.00 Transfer Type (Safe=1; Ofher=2): Dyson, Edward C. 74 Greendale Dr. St.'Louis, MO 83121 Salutation: Mr. Dyson Property: Crystal River Country Block 2 Lot 34 Property Address: County: Pitkin Agent: JMB Notes: Transfer Date:. / / Price: 0.00 Transfer Type (Sale=1, Other-2): ~~v'..At b.{a;~~aJ Fleenor, Catherine 7142 S. Hamson Cf. Littleton, CO 80122-1931 Salutation: Ms. Fleenor Property: Crystal River Country Block 2 Lot 35 Property Address: County: Pitkin Agent MJB Notes: Transfer Date: / / Price: 0.00 Transfer Type (Sale=1, Other-2): Sebesta, John L. 0285 Crystal Circle Carbondale, CO 81623 Salutation: Mr.5ebesta Property: Crystal River Country Block 2 Lot 37 Property Address: County: Pitkin Agent; JMB Notes: Transfer Date: / ! Price: 0.00` Transfer Type (Sale=1, other-2): .... ~ <~j ., M E M O R A PI D U M T0: PITKIN COUNTY FROM: LAWRENCE TAYLOR SUBJECT: LOT 3b, CRYSfiAh kIVER"t;OUNTRY ESTATES-VARIANCE Y hereby authorize Raymond Gotfredson to apply for a variance for Lot 36 - CYystal Rsver'Country Estates.' A check in the amount of $55.00 payable to Pitki;n County is enclosed in payment of the required fee. Piease advise if any additional information is needed. Very truly y/o~u~rs/,/' <~tPn~~G!/ G~ ~wrence Tayior 4509 Quail 'Lane Grand--I"siand, NE 68II01 1 >.:~ >, r . . ,._ ..~,r ..~. ., ,., Directions to Crystal River Country Estates Nine miles south of Carbondale', CO, on Highway 133: Turn 1Ceft off 'of Highway 133 across the Crystal River ar7d across ystal Lane and -turn right ~on' Cr'y~stal Cirbfie 'to Lot 36. See attached map. u.. ., tiw »„-=ac~v~ 4n .. v-n~ ,~. ¢ ~, w., a+~,:.~'wu~,Y~v3i~axcs~cr~ *~x~~i+rkR"SUvwu '\\ •j iL ,~ J., ~ n L•.~ x ,,;- fit, 5 • .q e O ; )^ ; h l '\ n A~ ~ ; { i a y r^ . o. i t \ ' c y 4 ~ y :~. ~ f ~V >, '~ ~ .' n° .e^ ^ J r ' 1~ ..., Y i 3 yl/~~ ~~ p 'V f.' a `I~ •~ "L., ... ,, .,, •a. ;; . l ,, . 7 ~ ~,.,~~ av1^~,. _f • 1 •.~ _ --LEI I ~ ~ rnh 1: `-~.t_~. _. .,. '~~ .ice. • ~,e.{ , t IY t ~ ~r~' ~ }~~ {' 1 :~ ;' fit r.. ,,i "a :. .. l i ~ I.. i 1 I I i • ... F. .. • _ %' :p ,t•L rF v~, n yI` wp r~ T..... ~~^ .-1\ h i.v • :. ~ ~ ~ ~ ~ , ~ • • ... .............. t ~ 1:.t U 311y JL,•J ^`l r~ .1 ~~ Z•1~ 1; L:A i~•rii-wy.. :I I'~1 y iii ~?I 4 ~°0~ ~,~ 1 yi"'~^} i q`~;+~tr~ ~ ~ _- .:~~,e . •t • .1 ~{~ ]\.~1 .A W h n1Y ~Jn'.' •'.~,~\; c`"~ n,L~Mn'~61? ~ j 04~04~94 12:55 April 4, 1994 $ 303 963 2889 6C LIBRRRY CBNDL . .., ~i, TAe Pitkin County Sward of Adjltstm®rtt tFaK ~@3-42+3-S4S9) Attehtiane Joanna 9chaf¢ner G13PY~ Rsy Datfredg©n ~'RCSME .john L. 5ebem4:a Grymtal River Country Estatea~ ... P..®1... I REc Setback varianco an Leaf 36,, Sdsxk 2, Gr•ystal River Gauntry E~trxtes Although th® requested. s~ath8ck variance of 76 f®®t is considsarable, l des not abject to it so long ds the dwelling mrected im am descr steed tp, me lay Mlr. Gtet,fredgt~re and the build~.ng site'is na farther Emmt thin is depicted an the attached mkeatch. In a phone cpnv@rsgt,l.aT1 with Mr, 'gatfrec{eola an April 2, 1994, he described the pr•aprfsed structure tp br single start' bualt aver a crawl spacR. He ai5o iredicatt+d that he wauid preflsr to ~aui•ld clam®r to the Wegt lot line tea tike him farther away from the eavrarheed prswer lines. I fully support him iri that request. If the building taste ware to be located farttser' to the East pr if the building were to tee to k er thesis a single story, F would) s~rahgly urge you to enforce the 10Q feet metbatk grid d®ny the vd~rianc:e rsgtres't. Try mummery, the variance ags praAOx.~d i:s not objectonat,la to m®. Hawewer, if there are alny major thenges which bring the building tlaaer to my dwelling, i would like the opportunity to cammant again. /Bin/c')'e",~r,~a l y ~ Q2` 69 CrY~ l Ci Carbondale, GU 81b^~3-934 f3O3) 9E,3-1069 ~; . ~ gy' 9(P 7~(~(J. 393 94~99~44 12 56 _ B63 2889 GC LHBRpRV' CBNCL P.92 Baas-.]n-a'>cw n~•ac.: r~ ..... ___ _ ~~~~t<lnl~r i~ ,l 5~~, sa"A ~~rne'~c . ~~~ ~p~ Q 41994 8 '~t~ .....~~r.--...,..,..,~. 4 ~~ r . '~ I (~ Y ~~ ~ zti ~~~~ f, . ,,~~ t i f ~Y ~D~-~, ~ ` -o r ~.. , r ~VS"' X JI+V ~'7s' . Tl]7RL P.Ot '. ~~~e.,r~; ~ &~ .: ~ ~_ ~.. ~.,, T , ~ w . .., -~~ .,~ s . ~, ~.-~~=~s 3 W. P e- H ` '{ i 1... M I A~ ~' q Tr uvvaM T r.`:' C' f h - ~` i. - '. r cv.?. -.2ai .... n .u ..: .. ew ~. ~. r:.M ..: an s:r .A V. ~. '~ ... _ .. :... ~_. F ICEm " N 13o scud, Gabn soreet ~ Aspen Cobrado 8161 t `~ " , (303) 920-5690... ; LAND USEAPPCICATIONFEES" `. ,_. CITY: -63250-134 GMP/Conceptual -63270-i36 GMP/Final _ -6328Q•Y37 SUBli;oncgptual -63300.139 SUB%Fnal '63310-140 All-2 Step Applications -63320-141 All 1 Step Applications •63330-150 StafApproval -63432-15T ZoningPlan Check -63432-157 §gn Permit -MR01"T Use Tax for Sign Permits HISTORIC PRESERVATIOtJ : '63335151 Exemption -63336-152 FAiiwr -83337=153 Major Devel. -63338-154 Sign'rf: Devet.' -83339-155 Demolition COUNTY: -63160.126 GMP/General X3170-.127 GMP/Detailed -63180.128 GMP%Finat -63190-.129 SU6/Generel -63200-'130 SUB~Defail'ed -63210-131 SUB/Trial -63220-132 All 2 Step Applications -63230-933 All 1 Step Applications -63240-149 Staff Approval -53450-746" Board of Adjustment ~ S n 7j~- -63235-148 Zoning Plan Check _ REFERRAL FEES:` -53360-?43 Engineering-County 00115 -63340-i63 Engineering -City 00123 -63340-140 Housing 00125 -63347)-2'05 Environmental Health ` PLANNING OfFlCE SALES: • ` -630i3b~~22 County Code . -69000-1d5 Other (Copy Fees) TOTAL ~- = ` Name ~ / -.~ .Phone: Address: ~ - Project: ~ / /' ' ~ / f. ~./ . Check #i ~~ Date: ~ ~ 9 No f C i / o op es: ..-..----- - ~ f i , i t £ C ~F~<"~ ..., ,. ., -j. „ e: . . J ~ Y t i I. n } County of Pitkin state of Colorado The undersigned, follows: I, s zJ 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 ~~'~~~ ff ~ day of 7~~~~~~ f~ 19~, to the .~^'7-- --~ '' /~ day of ~-,~/~.. 19~'%' . (Must be posted for at least nine (9) } AFFIDAVIT OF NOTICE BY } ss. POSTING OF A VARIANCE HEARING } BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT being first duly sworn, deposes and says as full days before--~'Ehe~ he~~ng Jd~te,)?. _ ~~ f ~ ~ ~ ~~;~Appl- ~~~Signature ~_. Subscribed and sworn to before me this J days of ,_1~~ WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: Jig ~ `? ~ ~~. ~v ~ ~~ -~~ t% Notary'Fublic s Signature Address X69949 B-75~~ F'-284 OS/ 1 1 /94 i~?; 3'6F F~ 1 DF 4 REC DDC SILVIA DAVIS F'ITF':IN CDUNTV CLERt: R< RECOFDER' ti,s~i.i RB8OL'OTION OF TS8'PITRIlT CODNTY,"CdLbR` BOARD OF ADJIISTMBNT GRAai'1'ING SSTSACR RELI81~ FOR "LAiPRBli~'"S TA'YL6R RE8OLDTION NO. 94=08 ` WHEREAS, Lawrence Taylor, owner of Lot 36, Block 2, Crystal River Country Estates, is requestin a royal for a 78 foot fro andback variance, for construction of a single family resnt yard idence; WHEREAS, 100 feet is, required in the R5-30 zone district; and PitkinSCounty uCol r do~p (asydes xlibed in Exhb' tr"pA"a at ached)f or de 5, the Pitkin Count Board of Adjustment is vested with the power to grant y variances b virt y t ) t ) u; of Title II Section a~u1.3, Code Land IIse Code and Colorado Revised St, tes, 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 70 foot front yard setback''variance be granted for construction of a single family residence, such that the footprint shown on the plans submitted CExhbit "B") is not less than 30 feet from ,the nor h ro er p pP ty line, due to down~onin and the g prior 1041 Hazard Review a rd<ial. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. ~. Resolution No. 94-08 Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: April 5, 1994 ATTEST: Suza ne L. Wolff, Secretary 369949 b-i50 F-285 ~JS/11/94 ~~3:36F' FG 2 OF 4 The Board of Adjustment of Pitkin County, Colorado ~~ w` ,.. ~- ;. 369949 B- ~ 5~~ F'-286 ~~~/ l 1 !94 03: 3bF' F'G 3 OF 4 E~CHIBIT "rrp~n Legal Description for property owned by LAl1~IRBNCS TAYLOR Lot 36, Block 2 Crystal River Country Estates Subdivision Pitkin County, Colorado .:N .. ,.,____ ~. . ,.,~,.~ .,w _ ~ .~, ,: .... N V~ N~ ,.. _i :~ ~ i~ U n tea. '.) O t n. a 0 i y ~ ~ ~ ~ O ~ ~ T i 1 ~ L9 I hi `~ ~~ i%1 '/ (~j i~ P ?7 ~i 7 0 ~, NOTICE OF TO ALL I District Courtroom, Pitkin Coun Court House, As en Colorado, or at such other lace as the meetin ma then be adovis o ss of the Cou t zoPncaResolution ~l~e sa d Board of Adjustment reque ring aluthorirylforWarl an e fr in the om the P Y g 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, particutazly 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 vaziance. A VARIANCE GREATER THAN OR LESS THAN 1TfA"T REQUESTED COULD BE GRANTED. Y, P , , .._., ,..,,,._.,.. ._._ ., _.,., ATE AND TIME OF MEETING: Tuesila A' rit 5' f994 5.15 h.1~. Sheriff's Conference Room, Courthouse Raczak, Janet 8i Joe: requesting approval fora 93' front yard setback vaziance, where 100' is required in the 1ZS- 30 zone district, for construction of an addition to a single family residence. Property Location: Lot 1, Block 4, Filing 3, Gateway of Snowmass'Mesa Subdivision; 0234'Light Hill Road. Schmidt-Olander, Cheryl requesting approval fora 23' front yazd setback vaziance and an 11' north side yard setback variance, where 100' and 30', respectively, are required in the AF-1 zone district, for construction of an attached garage. Property Location: Lot 29, Crystal River Park Subdivision; 66 Crystal Park Drive. Bone, Lawrence: requesting approval for an 80' front yard setback variance, a 15' west side yard setback variance, and a 9' east side yard setback variance, where 100', 30' and 30', respectively, are required in the AF-1 zone district, for construction of a single family residence. Property Location: Lot 2, Crystal River Park Subdivision; 0044' Chair Mountain Drive.' Y 4 g Pp Y a srr~t, foaµeonsctruct on ofia single family residenee.t Property LocationCe'L t 36,1Block' 2q Crystal RivRSCO zone ountry Estates. Summers, Monrrte: requesting approval fora 21' front yard setback variance, where 100` iS required in the AF-1 zone district, for an addition to an existing residence. Property Location: Lot 16, Holland Hills at Basalt Subdivision; 0088 Holland Hills Road. P requesting approval fora 40' front yard setback variance, where 100' is ;equired in the RS-30 zone district, for nlaclement of 8 modular home. Property Location: Lot 4, Crystal View Heights. Ho, Charles: requesting approval fora 50' front yazd setback vaziance, where 100' is required in the AF-1 zone district, for construction of a detached cazetakerunit/gazage/tack room. Property Location: `0100 Woody Creek Lane. Girardi, Thomas: requesting approval fora 20' arterial highway setback vaziance from Highway 82, where 200' is required, for construction. of a single family residence. Property Location: Tract B, hansen's Tracts; Township 9 South, Range 85 West of the 6th P.M., Section 6. Maness, Jake & Sharon: requesting approval fora 15' front yard setback variance and a IS' rear yard setback variance, where 100' and 30', respectively, aze required in the AF-1 zone district, and a b2' major road setback variance as measured from the highway 133 right-of--way, where 100' is required, for construction of a single family residence. 'Property Location: Lots 1 & 2, Etk Mountain Subdivision; 10 Elk Mountain brive. ~Fiorello, Albert '& Gale: requesting approval fora 19' front yard setback variance foc an access deck, a 3' front yazd setback vaziance for a porch addition, and a 6' front yazd setback variance for an exterior stairway, where a 30' front yazd setback is required in the R-15A zone. district, Property Location: Lot 50, Block 2 Piling. 2, Mountain Valley Subdivision; 0281 Mountain Laurel Drive. Submitted to the Aspen Times on March' 22, 1994. To Be Published in the Aspen Times March 25, 1994. County PO #00113 ., Minutes Pitkin County Board of Adjustment April 5, 199#~ umbers Present: Rick Neiley, Chair Bill Lukes Shiro Geller Ellie Brckham Michael"Cooper Members Absent: Staff: Rod Dyer John Wheeler Joanna Schaffner, Zoning Enforcement Lakes,opened the meeting at 5:25 p.m. and introduced the Board to~ those' present. Lakes was the Acting Chair pYor to Neiley's arrival. Case 94-05. Joe &_Janet Raczak. Lot 1 Block 4 Filina 3 Gateway of Snowmass'Mesa Joe and Janet Raczak were present to request a 93 foot front yard m:..tback variance., where 100 feet is required in the RS-30 zone .strict, for'' construction of an addition to a single family asidence. Janet Raczak noted that the proposed addition will include a two car garage with a master bedroom upstairs. The house is located ...,; . on a switchback on Light Frill Road, and is sited below the road. was added inaany they to ation.o The addrtionvwill be vhe garage ery close to the utility easement. Janet added that the neighbors do not have any objections to the request. There was no public comment.. Cooper stated that the addition has been located so as to minimize the impact. Lakes noted that the visual impact is minimized, but added that he would prefer the addition to~'be at least 15 feet from the property line. Janet replied that a 15 foot setback would not allow them enough width for a two qar garage. Geller asked if they could build a single bay garage that would be two cars deep. Janet replied that such a garage would not suit their purposes for the upstairs portion of the addition. Janet stated that the architect has suggested moving the garage forward to bring it away from the front setback and the easement and to allow space for eaves. Luker noted that he would prefer to have the addition consolidated with the existing mass of the residence, and added that.. the impact would be increased if the addition was moved. . .w max. .x. : =h. +!ti\ ~~ Cooper stated that the lot is exceptionally narrow. Lukes added that the width of the property at one end is less than the front yard setback. Cooper moved to grant a 93 foot front yard setback variance, due to the exceptional narrowness of the property. Brickham seconded the motion, and all were in favor. Case 94-06 Cheryl Schmidt-Olander Lot 29. Crustal River Park Mary Schmidt was present, representing the owner, to request a 23 foot front yard setback variance and an 11 foot north side yard setback variance, where 100 feet and 30 feet, respectively, are required in the AF-1 zone district, for construction of an attached garage. Lukes read into the record a letter from Paul Markham, President of the Crystal River Park Homeowners Association, stating that the Association has no objections to the variance request. Schmidt stated that the property is located on a cliff above Highway 133, which prohibits compliance with the 10o foot front yard setback. There was no public comment. Cooper noted that there was no place to locate the garage on the property without obtaining a variance. Lukes agreed that the garage has been sited in the least impactive location, and approved of the placement of the narrower side of the garage facing the highway. Brickham moved to grant a 23 foot front yard setback variance and an 11 foot north side yard setback variance. Cooper seconded the motion, and all were in favor. Neiley arrived at 6:00 P.M., and did not vote on this case. Case 94-07 Lawrence Bone Lot 2 Crustal River Park This case was tabled to May 3, 1994, at the applicant's request. Case 94 08 Lawrence Taylor Lot 36 Block 2 Crystal River Country Estates Raymond Gotfredson was present, representing the owner, to request a 78 foot front yard setback variance, where 100 feet is required in the RS-30 zone district, for construction of a single family residence. Gotfredson is the prospective buyer of the property. Gotfredson stated that he sited his residence within the required building envelope. An overhead power line crosses the lot, arld 2 r r ,_ line f andtth tl hepowouldf not ha,~ to"tY espower .1~neserHehpower that the corner of the house is robabl too close to the e a problem with moving the footprint of the house within the .envelope. The Board discussed relocation of the house within the envelope, and Neiley explained to Gotfredson that the Board can only grant the least variance necessary, and that it seems possible to grant a lesser variance than that requeste3 in the"application. Neiley read into the record a letter from John Sebesta, an adjacent property owner, stating "t'hat he has no objections to the variance request, as long as the building site is no farther east than depicted on the plans and the building is only one story high. There was no public comment. Neiley stated that a 30 foot front yard setback is consistent with the closest confoYming zane district and with the proposed Code. Neiley moved to grant a 70 foot front yard setback variance, such that the footprint shown on the plans is not less than 30 feet from the north property line, based on downzoning and the prior 1041 approval. Cooper seconded tTie motion, and all were in favor. Case 94-09 Monroe Summers Lot 16 Holland Hills Summers stated that the Board granted a variance in May oP 1993 for a new deck and a remodel of the existing residence. When they realized that they would have to move out of their house during the remodel, they decided to redesign the addition. He noted that the current variance request is less than the previous variance that was granted. The footprint has changed, but ttie~ swine amount of square footage is involved. Monroe Summers was present to request a 21 foot front yard setback variance, where ip0 feet is required in the AF-1 zone district, for _ _ a,.,.. construction of an addition to a single family residence. There was no public comment. Lukes noted that he prefers this configuration to the original one. Lukes moved to grant a 21 foot front yard setback variance,'due to downzoning. Brickham seconded the` motion, and all were in favor. Case 94-10. Manuel Duran & Ace Lane Lot'4 Crystal View Heicrhts David Rippe was present, representing the owners, to request a 40 foot front yard setback variance, where 100 feet is required in the RS-30 zone district for placement of a modular home. 3 ~; ~ r-.. ~ ~ '_ Rippe stated that Lane employs Duran, and is helping him to finance this home. There is a 35 £oot ditch easement through the middle of the lot to the rear of the proposed location of the residence. He also noted that the lot is much steeper towards the rear, and that the house is as far back on the lot as possible. There was no public comment. Lukes stated that the house should not be pushed closer to the ditch. Neiley moved to grant a 40 foot front yard setback variance, due to downzoning, topography and unique conditions on the property, including the ditch. Lukes seconded the motion, and all were in favor. Case 94-11 Charles Ho 0100 Woody Creek Lane Neiley did not vote on this case. Kevin MacLeod was present, representing the owner, to request a 50 foot front yard setback variance, where 100 feet is required in the AF-1 zone district for construction of a detached caretaker unit/garage/tack room. MacLeod stated that this application was considered by the Board in December, at which time the Board discussed approving the variance request with a condition that would restrict future development on the property. The application was tabled to allow MacLeod to consult with the owner, who decided to wait for the new Code to go into effect. However, since the new Code has not yet been adopted, the owner decided to return to the Board and to agree to the condition that was previously discussed. Neiley noted that he remembered that they were trying to preserve the viewplane across the open meadow on the property. Lukes stated that they were trying to prevent the owner from coming back for future improvements, and stressed that an owner does not have the right to build an unlimited amount of square footage if the property cannot handle it. MacLeod noted that the owners and the neighbors all want to maintain the pasture as open space, which is why they decided to locate the caretaker unit within the front setback. The unit will be below the main residence. The owners are working with the neighbor on a landscaping plan for screening. Lukes noted that he still agrees with the Board's previous decision to require review by the Board of Adjustment for any future improvements on the property. Neiley stated that the Board can place appropriate conditions on 4 r an approval,. in order to preserve the public interest. He noted that a motion could state that on the grounds of topography and in the public interest of preserving the viewplane,` any future improvements proposed outside of the approved building envelope would be subject to review and approval by the Board of Adjustment. Schaffner questioned if the Board has the authority to review a future application if a variance is not being requested. She added that the meadow is outside of the. building envelope, therefore, the awners would have to amend the 1041 apps""oval- in order to build outside of the envelope. She also noted that the condition will not necessarily be referenced in the future because Board of Adjustment resolutions only apply to specific development, and will not necessarily be reviewed when future` improvements are considered.' r ,~ . ..., ~: .. ,,; MacLeod suggested that tFie`1041+"site plan could~be`'resukimitted for recording, including the Board's condition. Lukes noted that the granting of a variance does nothing to limit or address future development of a property, and that tradeoffs should be made to develop one portion of a property in lieu of another. Schaffner responded that "building envelopes are established in order to limit how°much of a property can be developed, and that a hardship must be proven for each variance granted. Neiley read the motion that was made by the Board in December, "Brickham moved to grant a 50 foot front yard setback variance based 'on topographical hardship and the approval of the building envelope through the T041 Hazard Review process, with the condition that no further development be `allowed outside of the building envelope without an opportunity for future`puBlc review by this Board." Neiley noted that the motion should include, as requested whi h includes thet Boardoof Ad bustment'se conditionrof a site plan ] _, pproval in order to make the condition a matter of record. There was no public comment. Brickham moved to grant a 50 foot front yard setback variance, as noted above, including the condition requested by Schaffner. Lukes seconded the motion, and all were in favor. Case 94-12 Tom Girardi Tract B Hansen's Tracts This case was tabled to May 3, 1994., at the applicant's request. Case 94-14. Jake & Sha on Maness Lots 1 & 2 Elk 2+touhtain This case was tabled to May 3, 1994, pending approval of a Minor 1041 Hazard Review. 5 ,.. ~ ..~ t, „~a,., ~,~:~ ~..;,~ ,~,~,~ n"'~\ ~ l ~ ~;L Case 94-15 Al & Gale Fiorello, Lot 50, Block 2, Filina 2, Mountain Vallev Rick Neiley did not vote on this application. Al Fiorello was present to request a 19 foot front yard setback variance for an access deck, a 3 foot front yard setback variance for a porch addition, and a 6 foot front yard setback variance for an exterior stairway, where a 30 foot front yard setback- is required in the R-15A zone district. Fiorello stated that they are removing the existing deck and are constructing an addition on the northwest side of the house. The entrance to the house will be relocated and the access deck will be shortened. There will be a porch where the deck reaches the house, and a staircase down to the yard from that porch along the side of the house. All of these improvements will be located below the street and will not be visible from the street. Neiley noted that there is no other way to access the house. Fiorello stated that the existing bridge is approximately 12 feet off of the ground, and is visible from the street, therefore, the impact will actually be lessened. He added that none of the improvements will exceed the height of the existing roof lines. There was no public comment. Lukes stated that the impacts are negligible. Lukes moved to grant a 19 foot front yard setback variance for an access deck, a 3 foot front yard setback variance for a porch addition, and a 6 foot front yard setback variance for an exterior stairway, due to topographic considerations and unique conditions on the site. Brickham seconded the motion, and all were in favor. ***,e************************************************************* The minutes of March 1, 1994 were approved as written. The meeting was adjourned at 8:00 p.m. Respectfully submitted, Suza ne L. Wolff, Secretary 6