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Home My WebLink Aboutpitkin.boa.91.05 PITICIN COUNTY BOARD OF ADJIISTMENT DATE December 14, 1990 ..,.CASE # ~o+ y APPLICANT Victor Liss and Darlene Liss PHONE (215) 525-2371 c/o CPC Associates,33 Rock Hill Road MAILING ADDRESS Bala Cyriwyd, PA' 19010 OWNER Martha Horowitz PHONE- 923-3992 MAILING ADDRESS P. O. Box 1525, Aspen, Colorado 81612 LOCATION OF PROPERTY Lot 8, Block 7, Brush Creek. Filing No. 7. a/k/a 2365' Juniper Hill Road, Aspen, Colorado 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. Applicant Signature __ ^~ ~ ~-~--- Attorney or Victor Liss and Darlene Liss (To be completed by the Zoning Department) Provisions of the zoning resolution requiring the Zoning Official to forward this application to the Board of AdTustment, and reasons for not granting a building permit: A F-~ Zone District Requesting: ,2a,~t Lot Size ' Front Yard Setback Variance., where ' is required. ~' Rear Yard Setback Variance, where 3Ci' 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: Hardship: Application filed Cy Notices mailed ~ ~ (,'o// /t7 Parcel ID #r~(p~~i `o~h`'~ d 0~/ Secretary Resolution to Building when Completed Zoning Official ~' 17 ~ ~/~ Date ~_~ Yes ~_~ No i. ~ &d nee a ~,'Rll', ~. v_ i_ .. f„w~ NOTICE OF PUBLIC HEARING BEFORE THE PITKIN COUNTY BOARD OF ADJL7STMENT TO ALL PROPERTY OWNERS AFFECTEb BY THE REQUESTED ZONING 6R USE' VARIANCE DESCRIBED BELOWt `"' Pursuant to Pitkin County Resolution of June 5, 1955, as amended, a Public Heating 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 fiHE HEARING AND OF THE REQUESTED~VARIANCE AREA AS FOLLOWS: Date and time of meeting: Name and Address of Applcant• Property Location or Description: January 8, 1991 at 5:15 p.m. City Council Chambers, City Hall Liss, Victor and Darlene c/o CPC Associates 33 Rock Hill Road Bala Cynwyd, PA 19010 Lot 8, Block 7, Filing Brush Creek Village Requesting approval for a 14 foot rear yard setback variance, where 30 feet is required in the AF-1 zone district, to bring an existing single-family residence into conformity. Duration of Variance: Temporary Permanent X THE PITKIN COUNTY BOARD OF AbJUSTMENT~ • ndy L Christensen, Secretary ::~_ /]^\RI~T[,¶("? IRI ~~(~iv ~( Rn~ ~~~rya 11/V ~~(~ lp~ v~'lv ~d llYllY lllle~~ QTY llll1La VIllY ll 9 ¶l+~ f~1/v ll o `llo RONALD GARFIELD* ATTORNEYS AT LAW TELEPHONE ANDREW V. HECHT** VICTORIAN SQUARF. BUILDIN G (303) 925-1936 ROBERT E. KENDIG TELECOPIER MICHAEL 1. HERRON*** 601 EAST HYMAN AVENUE. (303) 925-3008 ASPEN, COLORADO 81611 JANE ELLEN HAMILTON CATHERINE H. McMAHON**** *also admiued to New York Bar *also admincd to * °i,°^°° °f ~°'umhia Bar December 17 1990 «r *also aammw to , Florida Bar * **alsn admiued m Illinois Bar Pitkin County Boazd of Adjustment c/o Aspen/Pitldn Planning Office Attn: Joanna Schaffner 130 South Galena Street Aspen, Colorado 81611 Re. Lot_ $. Block 7. Brush Creek Village, ding 1. a/k!a 2365 juniper Hill Road, Aspen Deaz Joanna: Please consider this letter to constitute a variance request in connection with the application simultaneously being submitted on behalf of Victor and Dazlene Liss, who I represent in connection with the above-captioned property. On June 13, 19'78, a site plan was submitted to the County Building Inspector, Fred Crowley, along with plans and specifications for the construction of a home located on the above property. That site plan was accepted and a building permit issued, which resulted in the construction of the existing home. Mr. & Mrs. Liss have purchased this home (final closing will occur on December 26, 1990). The property is located in the AFl zone, but is a non- conforming lot by virtue of it only approximating 2 acres of land and the zone district was created fora 10 acre pazcel. The setbacks in this zone district are 100 feet in the front and 30 feet in the reaz. This resulted in making this non-conforming lot difficult to locate a home on as a result of the setbacks and the topography of the area involved. The house as approved, constructed and the certificate of occupancy issued, encroached into the reaz yard setback in the rear corner portion of the house approximately 16+ feet. Once again, notwithstanding this encroachment shown on the site plan, a building permit and certificate of occupancy were issued and the house has remained on the site for almost 12 years. Mr. & Mrs. Liss have purchased the home, and although they haue no intentions of in any way increasing the size of the home or the encroachment into the rear yard setback, are concerned about the legal status of the property. As you aze awaze, the Planning Office was contacted, I was advised based upon the length of time involved; that tiie~Lisses should not be concerned about the encroachment. I contacted the County Attorney and showed him the approved` site plan and he, although he concurred with. the Planning Office's assessment j 5 e 3.v ; ~ t,,~a ~x Joanna Schaffner Pitkin County Board of Adjustment December 17, 1990 Page 2 recommended filing this application, advised that he will be sending a letter to the Board of Adjustment advising them concerning his opinion of the encroachment. Mr. & Mrs. Liss suffer a hazdship by virtue of the uncertainty of the status of the encroachment, and although they aze comfortable with the advice of the Planning ®ffice and the County Attorney not to be concerned about it, they wish to receive a variance to approve the encroachment as it now exists so as to resolve any uncertain legal status concerning their home in the future. I thank you for your cooperation in this regazd and should you have any questions, please feel free to contact me. Sincerely GARFIELD & HECHT, P. C. Michael 7. Herron MJH/cc m,7h:liabadl4.ltr ..r w. ~"*a ,~ NAMES AND MAILING ADDRESSES OF ADJACENT PROPERTY OWNERS Lot 15, Block 7: Lot 14, Block 7: Lot 9, Block 7: Lot 1, Block 7: Lot 2, Block 7: Lot 3, Block 7: Lot 7, Block 7 David and Susan Brown 242 Dublin Drive Cazdiff, California 92007 Michael and Isabel Herron P.O. Box 3092 Aspen, Colorado 81612 Martin Horowitz P.O. Box 2622 Aspen, Colorado 81612 Michael and Susan Vernon 1 I7 South Spring Street Aspen, Colorado 81611 Toe and Catherine Coffey P.O. Box 6486 Snowmass Village, Colorado 81615 Les Ochs P.O. Box 1738 Aspen, Colorado 81612 Conterm Consolidated Services ATTN: Paul Hermanson 1543 Beverly Glen Blvd. Los Angeles, California 90076 T ad as ~ r °:~3 ~;,. J l 1 Y v U .~ 4-i W ~ N ~-I }Ny,~~ ~ •r~l .4-~ r~-I ~ ~ av~ ~ c~ o ~ c~ a ~ cQi ~ ~~a ...J n~ W U .~ :~ o~ :. CJ ~ a ~ ~ o~~ ~..l:F ....2.. _. .. Victor and Darlene Liss 628 Heather Lane Bryn Maur, Pennsylvania 19010 Re: Lot 8, Block 7, Brush Creek Village, Filing No. 1, Pitkin County, CoCora~o a/k/a 2365 Juw~gr IiiII Road. Aspen. CQ --. ~. M~~.~ . __w~,~ ,~.~,.~,.,u.~.,..,,-~,~~..~,. ,..,~,..,.. __ ~„~„~~.- ~ ~ a To whom it may concern: This letter is to certify that Michael T. Heiron, Esq., of the lawfirm of Garfield & Hecht,. P.C., is authorized on our behalf and as our attorney to file~an application with the~Pitkin County Boazd of Adjustment seeking an encroachment permit for the home located on the above- referenced property, specifically the rear yazd setback of the house _. _: . Darlene Liss h n~n~v nra~n A ran ent tR h Fn~conin Martha Horowitz.... ~,~n:snwaas.~a ~, #:~3sa-it~4 ~,~ '07/91 14e 30 FFer_ ~b.OCJ _E+t' !__,_ F'S 284 ' Silvia Davis, F'itk:''n Cnty Clerk'.., Doc S.nt? EI~tIT "A" LOT 8, BLOCK 7, BRUSH CREEK VILLAGE, FILING 1, COUNTY OF PITKIN, STATE OF COLORADO f q aA e ~~? EXHIBIT "B"~ j.` ~ ~t ' i , ~y' 'SS'~gn 4~ 1... ~> t garosye. ~ ~'s ,~ O1 ~: C/` ~t; \~ `i'-.• Power pot ~ ~v ,.~ •o , ~~ 3.~ sg ~. ~ ar. x . gip. ~Lom~~l'+-F7" ~ aO.OCi ~ , +-=fit ~1 , S e: i"=loo tlOTES: i)7hr, real prnperty'<IesrriG~d hereon does not 11o!ritiliin thr. lii-~its of a 1(JU 1'^.ar FIonA MazardSnundary. . Zj 'ihere is e i6 fnri.: i^irfe utility rasrmnn'c insiilr, ttnd ndjaceut Y~ :II loii Lincs. 3) ~- indirates found reb~r and cap .Loyal (iescr:.ption; County,OColoradb~rush Creek'Vl,lage, Filing .In. 1, Pitkin IMPROV[MEI~J LOCATION CERTiFiCATE 1 hereby certify that. this Improvement Location Certificate was prepared for itichael Nerron ,that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the establishment of fence, build- ing, or other future improvement lines. I further certify that the improvements on the above described parcel on this date, 1n ilovnmber 1690 ,'except utility connections, are entirety within the boundaries of the parcel, except as shown, that there are no ericr`oachmenEs upon"'the desci•t~ed premises by improvements on any adjoining premises, except as 'indicated, and that there is np apparent evidence or siyn of any easement crossing orburdening any part of said parcel, ex pt as ~ted. ' SycJ ey L' cicome P..1.5, 14111 1, •power pole Lo~ 8 ]31oc1~ 7 mip~ou~rri' ~oca~rot~~c~ir~~r~n °6.5 i e i, v B" L NES /N SPACE SYDNEY L/NC/COME(L.S. /4///) ~~ ~..,, ~ t,Q ;.. r+ ary v A b r 4 F3 W N r' -d T,t SJ y. k+ rr r~ N. b j r~ rr T ~ n ~~ n T- .^} m ty ~. o ~ a~ ~ '~ m N . w a ~, EXHIBIT " , \ ~„ C . ~ ~~ \ ~ ~ 'y C'~' power pole i_~>t n qA-~'0.c~e ~ S ~,~~ power pole ~ L~ ~ t t s ~~~..~ S c_.a.~rz : 1 "_ { oti ~YQ~ i ~ 36.R ~ Y--~~C.fi `ll ~ s P y" Y ~,'~ ~ 6 ~o~ 8 a- ~, ~ flock. ? / 9 z_ I~G87°H~.'oo" X52_ OBI '- ~ar~l I ii011:S fh." rca., rn~~r,. described 11~ cnn tines npt lie. !~ritiitn i;I7P liI'Iii:C ni a Y_.ar Flonrl i'a.~rri ~ ~. ?j "iTlel°e is ~: 1ii ions ~:~ide utilii;y easement inside anti adjacent 1;n ,1.1 la.; Iincs. 3) • - indir_ates found •rebr and cap Legal Dncrr:htinn: Lnt 8, Glock %, Orush Creek Viliag^, Filing ;io. 1, Pitla.n County, Colorado. 1MPROVFM[NT LOCATION C[RTiFiCATE I hereby certify that this improvement Location Certificate was prepared for iiichael Herron ,that it is nova land survey plat or improvement survey plat, and that it is not to be relied„upon for the establishment of fence, build- ing, or other future improvement lines. y p • ,eci parcel on this date, 1o ridovhmb re 1tiip thaexceptiutilityeconnectionsabarr entiret'y within the boundaries cc oremisepabyeimprovements on~any adjoiningepremiseseneXO9P~mants upongthe described p s indicated, and that there is no apparent evidence or sign of any easement crossin or burdenin any part of said parcel, ex pt as ngted. Sy~ ey L cicome P_L.S. 14111 µF'41114 ~ p?/xrs ~.. - ~ .... `` > ' `~ ~ ~' z~ x, gMPR0YEIVIENT LOCATION CERTIFICATE _ ix., ,. .. ._ __. '~,(~~ ~ ~ ins ~' ~~ BY' L N~.S /N 1" VICINITY/DIRECTIONAL MAP ,. ~3± nm: ~...,~ ., -. 1... ,_ - . _. ._, ... tip... ~ .. ~... ~~ VICINITY/DIItECTIONAL MAP PAGE 2 At the Cozy Point entrance on Highway 82, Juniper Hill Road can be accessed. The property in question is located 2.365 miles up Juniper`Hi11~Road. p s~ A.A Y,1, .. ~., ~..k. ~, ., .._ ,. .,, ~ u«,n"..,...,w.,..,w:.~ _~...,.. o~.x+'~+. -+::ar.~a~.m... :.,,,,gam.-. .«._a«..., a;:u:e, } . ...... ..... :.~. :: t" JanuaYy 3, 1990 Michael J. Herron, Esq. Garfield &"Hecht, P.C. 601 East Hyman AVe. Aspen:, Colorado 81611 and Pitkin County Board of Adjustment 506 East Main Aspen`, Colorado 81611 Pitkin County JAN - 4 E9~1 RE: Lot 8. Block 7, Brush Creek Village, Filina No. 1 Dear Mr. Herron and Members of the Board: I have had an opportunity to review certain facts ., the captioned parcel of~ land in Pitkin particularly, I have examined the original` for the residence which leas" ~ieen ` costrticte plans were stamped as approved by the 'Pif Department. Those plans clearly indicate structure on that lot as encroaching upon the required by the Land Use Code. ~espect to More ng plans 8 , "° which County Building location of the.,, setback area as I have further been informed by Mr: 'Herron"' that `his client has recently .purchased this lot and was not involved in the original obtainua varianceh for thec structure as builtoi n accordancemwith the approved plans to remove any questions as to the possible illegality or nonconformity of that structure. At this time I would support the applicant's request for a d y e Insofar as the buildin laps were a r t nt he l l p r pla s construction which evealed I the ~ lieve ent oachme that the applicant, and his purchase rs, should have the right to Admiriistration County Commissioners County Attorney Personnel and Finance Road and Bridge " 530 E. Main, 3rd Floor Suite B Suite I ~ Suite F FleetYvtanagement 1 t N,,. _. . 82 5 ~~ ~ 2 ~ 2 A i ~ ~~ A( ~) 19 ~ 1 1{ p O AX 9 0 5 98 (303) 9205 50 92d=5 0 ~ ~ ) 92d 26 ( 03 2 0 539b t~printed on recycled paper - -'~-i;~ ~~, - ~ F w. ~, .. Michael J. Herron, Esq. Pitkin County Board of Adjustment January 3, 1991 Page 2 rely upon the Building Department approval. Should you have any further questions,. please feel free. to give me a call. truly you ~• y Whitsitt n ounty Attorney TEW/hfs cc: Amy Margerum, Planning Director Gary Lyman, Chief Building Official tew.mh n .1.. . c.._ .,, ~ , .. - ... - -. .PEN/PITKIN PLANNING OFFICE_ 730 South Galena Street Aspen,'Colorado'81611-~" ' (303) 920-5090 LAND USE dpPLiCATION, FEES City 00713 -63250-734 -63270-736 -63280-137 -63300-139 -63310-740 -63320-147 GMP/CONCEPTUAL GMP/FINAL $UB/CONCEPTUAL, SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPCICATiONSi CONSENT AGENDAITEMS 00125 00123 00715 County 00113 REFERRAL FEES -63340-205 ENVIRONMENTAL HEALTH -63340-190 HOUSING -63340-763 ENGINEERING ... .. ,._ SUBTOTAL -63160-726 -63170-727 -63180-128 -63790-129 -63200-130 -63210-i 31 -63220-732 -63230-733 -63450-746 GMP/GENERAL GMP/DETAILEf) GMP/FINAL Sl76iGENERAL SUB/pETAILEIJ SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPL7CATIONSI CONSENT AGENDA IYEM$ BOAFD'OFADJUSTMENT REFERRAL FEES: 00725 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-743 ENGINEERING PLANNING OFFICE SALES 00113 -53080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-Y24 COPY FEES -69000-145 OTHER SUBTOTAL Name: L_~ i S.`~. ~- ~t ~_ ~ ~% Pfiorie: Address: Prgea 1 / ^. ~~~~~ ~. sr - °~ Check # ~ ~ Date: Additional billing: #of Hours: r ~ .~ r County of Pitlcin } AFFIDAVIT OF NOTICE BY } ss. POSTING OF A VARIANCE HEARING State of Colorado } BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT The undersigned, being first duly sworn, deposes and says~as follows: I, 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 --~ ~ day of ~~~- 19 cf a , to the day of --~ `~" , 19 c3 ~ . (Must be posted for at least nine (9) full days before the hea ring date) . ~~ _,.~-- ~ Applicant's Signature . ~ ~, ~ ~ ~n ,~ ~ ~ ~ ~ Subscribed and sworn to before me ~. ,~ L.~•~ ~ ~ o this ~ day of ~'~~,ti ~„ Af, "`. ~t • ~3 ~J -~ u ~ d': '~` ~ ' ~'~ ~ `' # - ~ : _~- ~ = WITNESS MY HAND AND OFF~~L ~L~AL.: y , s~ . ~ ~ ~ My Commission expires: ~ ~, ~ ~. Notary Public's Sign~~ re ~ ~„ ._ Address 'R s ~ '+ „may.., ... .~. ,u a .iF?2v!^F. rv. {{ ..{ N - -'3. .~.. a. °„{ A' ~~ ~ ni(~Jf`iR? R"bsd3disss. ~x Av .R (..?4 ~z lx^1.+~ O W a~ro ~om~ ~~~ '~Mo Hl r~ (D f o a ti ' h > x 1k~tr~. .. J ~ ~ m . A y ~ f ~a .J 7H-n ~ Y ~`± I'. •• ~ ~ i+. G. ro `~ ~ k ~ 'J ~ is s ~ __ ~ ; C .. ~ ~~ ~ y ~ ((pp ~ ~ ~•y N c C\ x t v i w.. ~r ~ x~ `~~ ~~ ..., ~~ F M1Hw ~ ` t i cn ~~~ c.-i ~ i ,~ C,r,,.y Aylt" t -r'---... - ")"..;.:. w.w... v... ..rr.,...-+xs..wH,:+w;-.^.uvemNwwS:.ty ~. rc i t ~, i 1 ~ ~ ..._. ~ ~ r #330'" ~i</r~~ /9i iQ:3r] Rec ~. r}r} Silvi~,•Davis, Pitkin Cr+t ~ 639 FG E+K 282 Y Cieri<, Doc ~.r3O RESOLUTION OF THE PITRIN COUNTY,`C+OhORA15O`"" '° BOARD OF ADJUSTMENT GRANTING $ETBACR RE7~EF 'F`O2Y"~7TCT0"R"~"" DAf21Et7~" LI5S ' `~~ RESOLUTION NO. 91-05 WHEREAS, Victor & Darlene Liss, owner of a tract of land situated at Lot 8, Block 7, Filing 1, Brush Creek, requests a l4 foot rear yard setback variance, where 30 feet is required in the AF-1 zone district to bring an existing single-family residence into conformity; and WHEREAS, the subject property is within the unincorporated area of Pitkin County, Colorado, (as described in Exhibit 1/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 ox 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 RESbLVED by the Board'of Adjustment, that a 17 foot rear yard setback variance, where 30 feet is required, be granted to bring the existing single-family residence into conformity, as shown on the plans submitted (Exhibit "B"), due to pre-existing conditions. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. ,...,. ~.., .,~ _ .~ .., .. t m ~ :... , . ~. s .,,~, _ °,~ ~.,, ~... #.j~tii~~q. :r^/Ctr/S'2 ,4: 3c) Rec ~.~~c~ BF.: f--~ pG 283 Si2v;a P-_-is, F'it!<;_.n Cnty Cler6::, Do. .t>ii Resolution No. 91- OS~ Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: January 8, 1991 ATTEST: ( ~ ~ `~ Cin y L. Christensen, Secretary The Board of Adjustment of Pitkin County, Colorado Ka i Shaf ran, Chairman NOTICE OF PUBLIC HEARING,,,, BEFORE THE PITKIN COUNTY BOARD OB ADJUSTMENT TO ALL, PROPERTY OWNER$ AFFECTED BY,THE REQUESTED ZONING VARIANCE DESCRIBED BETAW" 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 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'gou 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 ocaners' and others affected in deciding whether to grant or deny the request for variance. DATE AND TIME OF MEETING:. January 8, 1991 at 5:15 p.m. City Council Chambers, City Hall Stanwood Homeowners Association: requesting a 98 foot front yard setback variance, where 100 feet is required in the RS-20 zone district, for the construction of an addition to an existing firehouse and garage. Property Location: Lot C-1, Kessler Drive, Stanwood Subdivision. Lavery, Frederick: requesting a 25 foot Front yard setback variance, where 30 feet is required in the R-30 zone district, and a 45 foot collector street setback variance, where 50 feet is required per the Pitkin County Land Use Code, for construction of a proposed garage. Property Location: Lot 69, Block 3, Red Mountain Subdivision. Yarber, Larry & Shirley: requesting a 55 foot front yard setback variance and a 10 foot north side yard setback variance, where 100 feet and 30 feet, respectively, are required in the AF-1 zone district, for construction of a single-family residence. Property Location: Lot D=12, Filing 2, Redstone Ranch Acres Subdivision. Nininger, Robert H.: requesting a 4 foot 6 inch height variance, where 12 feet is required for accessary structures, pursuant to the Pitkin County Land Use Code, for an existing barn. Property' Location: 0800 Snowmass Creek Road, Old Snowmass. Hansen, Tom: requesting an 85 foot front yard setback variance and a 16 foot east side yard setback variance, where'100 feet and 30 feet, respectively, are required in the AF-1 zone district, r"?, for a second level addition to a residential garage. Property Location: 4074 River Road, Woody Creek. Liss, Victor & Darlene: requesting a 14 foot rear. yard setback variance, where 30 feet is required in the AF-1 zone district, for an: existing single-family residence. Property Location: Lot 8, Block 7, Filing 1, Brush Creek Village. Cheever, Eddie: requesting a 45 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, for an addition to a single-family residence. Property Location: Lot R-57, Starwood 8 Subdivision. Submitted to the Aspen Times on December 24, 1990. To Be Published in the Aspen Times on December 27, 1990. County PO # 49553 .Minutes Pitkn,,,,County Board of Adjustment January 8, 1991 Members Present: 5tan1Mathisrara, Chairman Rick Neley Members Absent: Evan Gull John Ostwald Ted Guy' Joanna Schaffner, of the Pitkin County Zoning Office, was present with staff recommendations and comments. Shaffran opened the meetin at 5:20 m. and introduced the Board. to, those present. Christensen nformed,`~he::Board.t~iat cases 90=' 53, Collier, and 90=55, Davis, received no objections" and that their approvals from Iast month have, therefore;` become effective. Case 90-48, John Walker, was tabled until the February 5, 1991 meeting. Case X90-47, Thomas Gardner, will be reheard at the February'`"5, 1991 meeting. Paul Taddurie, Attorney, and Ellie B'rickham; Starwood Architectural Review Advisor, were present to request a; 90 foot; front•.yard setback variance, where 100 feet is required in the AF-1 zone district, for construction of a proposed a~Idition"to an existing firehouse and garage: ''"°• thatuadjace t land iseowned by the Assoc ation,~and there'foreahas no impact on any individual's private property. Shaffran asked' if anyone from the public was present to comment on this case; there were no comments. After a brief discussion, Mathis moved to grant a 98 foot front yard setback variance as per the plans submitted, 'due to topographical hardship. Guy seconded the motion and all were in favor. Case #91-01, Lavern, Frederick, L6A-. B3. Red Mtn Rd Subdivision Frederick Lavery -was pres`prit "to regest "'a`~' 55 foot `front "yard setback variance, where 30 'feet. is required, and a '45 foot collector street setback variance, where 50"'feet is required per the Pitkin County Sand Use"bode', for construction of a proposed residential garage.' 1 s~ Lavery explained that 1041 approval has been granted by the P&Z and that he was then informed that setback variances would be necessary for his proposed garage: The proposed garage is to be located underground between the house and Red Mountain Road. Schaffner was questioned over'the determination of the front yard on this parcel. The current access located on the east side of the lot will be abandoned through an agreement between Lavery and the County. The new access will be taken from the road on the north side of the lot. Hencd, the current side yard will become the future front yard and visa versa. Although this vacation has not yet occurred, Zoning Administrator, Krizmanich, approved of referencing the future front yard as the front yard for the purposes of this variance request. , There was no one from the public present to comment on this case. 'Guy made a motion to grant a 26 foot front yard setback variance (side nearest Red Mountaim Road), where 30 feet is required, and/or an it foot side yard setback variance, where 15• feet is required (depending on how the front yard is determined, .to enable the garage to be 4 feet from'the North property line), and a 46 foot collector street setback variance, where 50 feet is required, due to topographical hardship, as per the plans submitted on the First Plat Amendment and 1041 Review for Lots 5A, 6A, Block 3 (Revised) Red Mountain Subdivision). Neiley seconded the motion and all were in favor. Case #91-02, Yarber, Larry Lot D-12 Filina 2 Redstone Ranch n..,-ems c„i„a;..;~,..., .. Larry Yarber was present to request a 55 foot front yard setback variance and a 10 foot north side yard setback variance, where 100 feet and 30 feet, respectively, are required in the AF-1 zone district, for construction of a single-family residence. Yarber stated that the rear of the lot is very steep. He continued that if the house was placed anywhere else (or if the building envelope was changed), large trees on the property would have to be destroyed or moved. Yarber wants 'to retain the trees and vegetation. Redstone Ranch Acres Subdivision covenants, require a to foot side yard setback and a 25 foot front yard •setback. Guy stated that he is in favor of this request because it does not encroach into the setbacks designed for the Subdivision. There, was no comment from the public. Neiley moved to grant a 55 foot front yard setback variance and a 10 foot north side yard setback variance, as per the plans submitted, due to downzoriing. Guy seconded the motion and all were in favor. 2 .. Case #91-03. Nininaer, Robert. 0800 Snowmass Road. ,Old Snow Robert Ninnger was present to request a 4' foot 6 inch he: variance where a maximum of 12 feet is re cesi an existingpbarn.he Pitkin County Land Use CodeTefor approva' Guy mentioned to the Board that he had done work with the alconflct lon this case bu ~o ne' prof s""~e~ ~ on tliis1ssueld create ' Nininger stated that the barn was built about a year ago and that a topographical map was not done prior to the excavatgn'of this site., The height is being calculated based on 'the surveyors best guess of natural existing grade prior to excavation. Guy asked what the height limit was for a barn. Schaffner stated P . ,~ ,.~. p.. „ . W... Y :. that rt was 12 feet to the' mid ont anc~ l'7F~~f`ee~ to the eak.~ Gu also •wanted to know how a barn was defined, and Schaffner read the definition of a barn from the Code. "' " Guy mentioned that it was difficult to design a barn to. comply with a 12 foot height limit. Shaffran agreed that a "12' foot loftht 1Ninnger me t oned that h e could bringu the barn into compliance if he removed the roof and made it flat.. There was no one present from the public to comment on this. case. Guy made a motion to grant a 4 foot 6 inch height variance due to topographical hardship, as per the plans submitted." `Shaf`fran seconded the motion and all were in favor. variance and a 16 foot east side yard setback variance, where 100 feetHande 30 feet eSres ective~l estare re f aredf in thea AF setback , p y, qu' -1 'zone district, for construction of a second floor above a„garage. Hansen received approval for the same setback variances 'for„ the garage in case 90-09. The propased second floor will rise 10 feet- above •the existing house. 'Schaffner stated that Hansen is increasing his encroachment into the setback, and tfierefore requires a second review for approval. Ostwald moved to grant all setbacks as requested on the 'plans submitted, '`due to downzbnng. Mathis seconded the motion. Guy was concerned with the •visual impact of such a Targe-structure situated within the setback, so closely next to an existing large building (the Wildbock Inn) wrich is also located within the setback. Neiley agreed with Guyys concerns. 3 ~~. ~-. 'J Shaffran asked if any members bf the public were present and Hansen's neighbor, David Swersky, was present but had no comment to Ostwald's motion. Swersky then left the meeting. Ostwald's motion was voted on with Ostwald being the only member in favor. It was decided that a site visit was needed to see what visual impact this addition would have. Hansen agreed to erect sticks indicating the proposed height. Shaffran moved to table Case 90-04 until Friday, January il, at 8:00 a.m.; Guy seconded the motion and all were in favor. Attorney, Mickey Herron, was present representing the Liss', to• request a 14 foot rear yard setback variance, where 30 feet is required in the AF-1 zone district, to bring an existing single- family residence into conformity. Herron mentioned that the Liss' want to legitimize the house that~• was built within the required setbacks in 1979. Shaffran read County Attorney, Tim Whitsitt's letter supporting approval of the variance request..' There was no one from the public present to comment. Guy moved to grant a 17•foot rear yard setback variance, for the existing structure, due to existing conditions. Mathis seconded the motion and all were in favor with Shaffran abstaining. Case #91-06, Cheever, Eddie, Lot R-57, Starwood 8 Subdivision Architect, Jack Miller, was present representing Eddie Cheever, to request a 45 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, for an addition to a single-family residence. Cheever received approval for an addition to his home in Case 90- 36. Schaffner stated that the proposed changes to those plans result in an increase in the encroachment of the required setback, therefore, needs to be reviewed again •by the Board for approval. Miller explained what the proposed changes were. Ellie Brickham, member of the Stanwood Homeowner's Association, stated that there were no objections from the Association to this request. Guy made a motion to grant a 45 foot front yard setback variance for the building, and an additional 2 feet of variance for the roof and overhangs for the entry and stair tower, as shown on the plans submitted, due to downzoning. Ostwald seconded the motion and all were in favor. 4 ', >: .. The minutes of the December 4 meeting were approved as written. The next meeting will be held February 'S, 1991, in the second floor meeting room of City Hall. The meeting was adjourned at 6:50 p.m. Respectfully Submitted, Cindy L Christensen, Secretary Kandi Sh fran, Chairman 5