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HomeMy WebLinkAboutpitkin.boa.91.09 PITRTN COUNTY BOARD OF'ADJUSTMENT DATE ~ /~ APPLICANT ' ~ 4. ~QUL.TO ~ ~ Ca • l~~ MAILING ADDRES5 ~J~6k ~~ y} S,{jpG~~(./s~SS OWNER ~y~~ I'"/Gf LTd/'~ j~ MAILING ADDRESS IY'~ l-~or2SCS~/~)~ .-//~ IACATION OF PROPERTY ~~()~ FjO,~Se S /-10~' /~ f2 L~ T Dougc.~- K ~~~~ ~u~ rUrs~o ~ ~A~~~-T (~ ~l~~j Any pertinent data must accompany this application, and will be itdd esrnotfcontanaall theefactsdinaquestion,this application if Applicant Signature ~~:~C-~ ~~C-a~y~ (To be completed by the Zoning Department) Provisions of the zoning resalution requiring the Zoning Official tc forward this application to the Board of Adjustment, and reasons for not granting a building permit:" }1~ /r Zone District Requesting: ¢i~C Lot Size ' Front Yard Setback Variance, where !O C ' 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• Q, ~ ~ Hardship: (1CYYt -( 'fl'Y-i~s~ nC~ h~ Si~e~ 7~2 Q~i5-~,~GlC~ (`Gri~t~~-{pyfs- ~ :.aY CASE # ~p ~ O l -- PHONE / ~ 7 ~ 3 ~, 3 PHONE ~a7- ..333 ~_ ~%SAti7 ~o ~I~z~ 'Off Application filed Notices mailed ~1 Parcel ID # -~~~J 4 '! I" t) Da _G! S; '~ Secretary Resolution to Building when Completed 11~I Yes ~ _ I No ~p[air~~~~~ ,... ... rc... ar. '..... ~, F.,. w .~."b _~ a t... . .w NOTICE OF PIIBLIC HEARING BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY `THE REQUESTED ZONING OR USE VARIANCE DES'CRIBETS'~"BELCSW~c"'" 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 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 THEHEARING` 'AND OF' TFT$` "12EQUES'TED' C7"AHIANCE AT2E~ AS FOLLOWS: Date and time of meeting: Name and Address of Applicant• Property Location or Description: March 5, 1991 at 5:15 p.m. City Council Chambers, City Hall G.L. Fulton & Co., Inc. BoX 309 Snowmass, CO 81654 Lot 9, Double K Ranch Subdivision 0400 Hdrseshoe Drive Requesting approval where 100 feet is construction of a p~ this entry would be property line. for a ~'3 foot required in ~oposed entry. located feet ~3 front yard setback variance, the AF-1 zone district for If this request were granted, from the Fulton's front yard ., ,,,; VARIANCES GREATER OR LESS `"THAT` REQUESTED COULD BE GRAI7TED. Duration of Variance: Temporary Permanent X THE~ITKIN COUNTY BO /OF ADJUSTMENT" ~~~Q.OL_ Cindy Christensen, Secretary UU ~ . %U! i CUUI AUl(U CUU~~UI I~Ai U`,' , ~ U1C. i ~s~ or, , F ~cx soy, sr~o'wrsASS roLo2~~0 ill>>~ February 11, 1991 PITKiN COUNTY BGNP~D GF ADJUSTwiENT. LETTER DESCRIBING WHY A VARIANCE IS NECESSARY Dear Sirs: I am requesting a variance from the 100' front set bagk rule. The original house and garage were built in 1974, at that time a 50` front set back rule applied. A variance of the 100' front s of the original house. a bedroom/bathroom addition to the frontet back rulewas approved in 1983 for The oroposed addition of an ai~lock entry to the original structure extends antadditio0nal 18onofsthebgverhaU onothee face of the proposed addition and " g dormer roof extends intp the 100' front set back. The proposed addition is 205 sq. ft. and is being positioned over an existing redwood deck. - It is necessary to attach the proposed entry addition as shown to align with the original roof structure of the original house and to zllo~~~ alignment with the entrance to the original house. Visual impact to the street should not be an issue,as the structure is now you look at the south roof lines and the, east exterior wall of the interior stairwell to the second floor, no view is being impaired. To position this proposed addition behind the 100' front set back would require an extensive and expensive roof structure remcdel to the erignalsoutfi roof which would also require a variance as the original rgof extends 4'6" into the 100' front set back. The design intent of the proposed addition is: 1. to prevent infiltration of cold air intb„the heated interior space, 2. use original building. structure with no demolition of original roof line or original interior spaces thereby minimizing the impact of the new construction withr, the 100.' front set back rule. Sincerely, iU~ Rheta D. Fulton President, Owner i ~3 ~re ~'~~~~ ,~; I .;: a~~r< .~~. ~~,. February 8, 1991. u`, Pitkin County Boar6 of Ad justment ~' `" n.. _ ,.._ . ~_,_ . , The`~rarianee request fcr 000"tior~se'shoe Drive" is"6eng`"s'u"~im£te~~`by G_ L: ;,a Fultorc`and Co;, Inca" I,, Rlieta""D:`"`FuTton; ~w.~~ '~he'owner of t"~ie proper"~y and``"tfie~~ ..... ;:,~ President of G. ~L. F'ultan and~~CO.~TnC am aware~of" ,'~``"ne"vahance i^equ~s an hale no objections to the request. ~„ _' _ ~_. ._. .,,. Date Rheta ~: Fu ton Owner/President ;~. "~ Adjacent Property Owners: Phylis Steuben 05 i2 Horseshoe Drive Basalt,CO 81621 Lillian Dalton 0452 Horseshoe Dr. Basalt, CO 81621 Mr. William Vadnais 729 Nut Plains Rd. Guildford, CT 06437 Phil and Carol Nemiec 0455 Horseshoe Dr. Basalt, Co 81621 Gerhardt and Judy Schmidt 0391 Horseshoe Dr. Basalt, Co 81621 Tom Clark 501 E. Sopris Crk. Rd. Basalt, CO 81621 ..- .. -- ~ ,-:. :~. ~ s., ~-•,~~: ., u..a. ~ .. ~,_„a..,. ~w.,~ ~ EXHIBIT "A" Property's Legal Description: Lot 9 Double K Ranches Subdivision r z a! ~:~i E~, s i- ~ ~-'. cr ~; _,~- o~~ ~~ c~ O~sS ~MPT~ I ~'j i' L^~-~' f i Q ~~' ~° ~, I ~ ° CJ ~7 ~J ~ ~ ; 3 Z o Written Directions: f ~ .~ Continue driving through the stop light @ ~ ~ ~ t Basalt, you are on the new by-pass around Basalt,. for 1.5 miles, turn Ieft at the w marked turnoff for Emma Road and Sopris Crk. Rd. X Cross railroad track and about 50`' beyond make a right hand turn onto the Emma Road. m~le,nmakenatleftmhando~d for 4710ths of a urn onto Horseshoe thevsign0400 is the third house on the right; ~r out front says Rheta and Dana Strong. 1~ v Notification sign will be placed on the cedar fence post at the opening to the driveway. Q t~ N V r t d° .._.. ~.., ..~-..m._, ..o,. ~.Wx ~.~.a .w.~, a :ar ~~ - _ February 25. 1991 ~tz6.w' Aspen/ Pitkin Planning Office Pitkin County Board of Adjustment 7 Cindy Christensen, Secy. 130 S. Galena Aspen, Co 81611 Concerning the enclosed notice of public hearing. Since I cannot attend the March 5 meeting I am writing you my opinion. 7 I am not approving this variance as one other time I had approved some building for G. L. Fulton and Co. and what was presented and what was built was a great difference. I feel if I agree to the variance other people in KK Subdivision will be asking for other variances and I would like to keep KK subdivision as originally stated is the covenants. I believe G. L. Fulton and Co, has gone far beyond what our covenants have stated. At some time in the future I will have to sell my property and G. L. Fulton property might mean a difference in my selling. Thank You ~ .l illian Dalton ~~ .... VARIANCE DRSCRIBED BELbW~FI`ECTE'I5 BST TOTE ~(~UES~TED`~`LOkTIN~ OAF""U' 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 provisions of 7ustment requesting authority for variancetfrom the id Board of Ad the County Zoning Resolution. All persons affected by the propo: appear and state their views, protesi cannot appear per'sorially at such meet: state your views by letter, particular] such variance, as the Board of Adji consideration to the opinions of surrc others affected in deciding whether to for variance. d variance are invited to . or objections. If you ig, then you are urged to, if you have objection to tment will give serious ndng property owners and grant or deny the request ASEFOLLOWSCULARS OF THE TiEARING ~1D OF 'TH'E R~QT7EETE'D"'VARI~ANCE ARE' Date and time of meeting: March 5, 1991 at 5:15 p.m. City Council Chambers, City Aall Name and Address of Applicant: Property Location or Description: G.L. Fulton Box 309 Snowmass, CO Co., Inc. 81654 Lot 9, Double K Ranch Subdivision 0400 Horseshoe Drive Requesting approval for a 93 foot front yard setback variance, where 100 feet is required in the AF-1 zone district for thistentrlo woulda be ocated ~ f' 2f this request were granted, Y eet from the Fulton's front yard property line. _ ,.,:- CES GREATER OR LESS' R 'YiA2J R$Qi7E57'ED GrO'f7L`D .,, .,; BE"' GIYAN~1''ED` Duration of Variance: Temporary Permanent X Vv~C ~~ ~~SpL U77~L ~; Nb ~~o~~~ ~ ~-rr1 ~s '~ ~o ~-r~~c Zhu ~7~ THE~ITKIN'°COTTNTY BO OF" ADJUSTN7ENT"` ~~~ ~/~_ Cindy Christensen, Secretary z~P~~~ N~-rn~~ oy ~ ~~s~Nac- b ~2 ¢~~~~~~~ ,.....~ . .;-mow r ..~,.~ .~,. .,,~,, ~ ,~*~r ----~- -- Gerhart & Judy Schmidt 0341 Horseshoe Dr. Basalt,, Co. 81621 March 4, 199I Pitken Co. Board ofi Ad~'ustment Re: Lo 4, Double K Subdi3sion Ta Wham it may Cancers; We live across the street Pram Lot 9, Double K Ranch Subdivision, located at 400 Horseshoe `D r., Basalt.'"We wish"to`voice ~ our approval of the requested variance. We also wiah to express our desare to have a grandfia'ther clause addetl to t"lie"present resolution that would allow owners of :homes t+uilt prior to the'i95S amendment to remodel their Names using the yard setback guidelines in effect when: the hciuse vaas built. It makes no' sense to'requi~re homeowners to go to the time and expense of seeking a' var-iante' 'in order to undertake a reasonable remadel. Zn thus particular case, without ary to build the proposed entry well behind thelpresent doar~eItswould Took quite ridiculous. There are more important items td be concerned about. Sincerely, G r ar & 3udy Sch. ~~ ~~~~ n ._ ,,, ~. y ... ,.,~.: w ... ., :- ._~. '~.. -' o ~ "A .. ~~ .. ...... ..~ u.. 1 -- iPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen; Colorado 81677 (3tl3)-920-5090 LAND US E APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL F3280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-741- ALL 7-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-20§ ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00175 -63340-763 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63190-t 27 GMP/DETAILED -63180-128 GMP/FNAL -63190-129 SUB/GENEAAL -63200-130 SU8/DETACLED -63210-131 $UB/FfNAC -63220-132 BALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENTAGENDAITEMS -63450-146 BOARD OFADJUSTMENT REFERRAL FEES: 00725 -63340-205 ENVIRONMENTAL HEALTH 00723 -63340-190 HOUSING 00173 -63360-743 ENGINEERING PLANNMG OFFlCE SALES 00173 E3080-122 CITY/COUNTY CODE -63090-123 COMP.PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL / 11~~ TOTAL Name: L~ (~ Ft( /Y1J/'1 Phone: -~ Add~re/s~s: ~ `~ ~ Project: ~'~ ~.y~?t" r /k,~:wlYi~l `S~ ~~ iC ,IY~ l Y'~1-{~ / / C C 42Y Check #. ~..<' S~ J Date: - ~l " Additional billing: #of Hours: ~' ~J /. ~"""~+, County of Pitkin State of Colorado The undersigned, follows: I, L 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 AFFIDAVIT OF NOTICE BY ss. POSTING OF A VARIANCE HEARING ~ BEFORE THE PITRIN COUNTY BOARD OF ADJUSTMENT being first duly sworn, deposes and says as (as it could be seen from the nearest public e said sign was posted and visible continuously day of l-~~U~I~2 cf 19 ~ l _ day of /Y~A~~G'H 19 q ~ . for at least nine (9) full days before the hearing date). subject property way) and that th from the Z 31Z D to the 5 TH (Must be posted ~~~C~(".t~-Y, Applicant's Signature .Subscribed and sworn to before me this ~ day of /'1~Ar£'C'fi~ 19 9 ~ , by f~/~~ ~UL TZ~ /U r , WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: Z -~3 -93 Notary Public's Signature .f.~0a' ~ 3' 3 ~c~P~r~ „r Address ;~~..: _,~. ; min!!! >~.,-~- ~, '~' ~ i~;'` ~ ~~~~r- .,_ :~ ~._ _ ~,.w~. a,, . 1 ., <.;,r :~ ~ -., ~:(, _. i ~~ ~,, ~~- r'~`c,/~.~~~~t fgg I U ~ ~ ~ rl.~G-~~ ~~ nb/11191 14`:34 f~eC ~.On P ' 48 F'~ 330 ..~ #3334 _ Silvia L7zyis, "Fit4ci~ Cnty Clerk, I~oc x.00 RESOLUTION OF THE PITIQN COIINTY, COLORADO BOARD OF,ADJIISTMffi~T GRANTING SETBACit RSLTEF FOR RNETA FULTON RESOLUTION NO. 91-09 WHEREAS, 22heta Fulton, owner of a tract of land situated at Lot 9, Double K Ranch Subdivision, requests a 7 foot front yard setback variance, where 100 feet is, required in the AF-1 zone district, for the construction of an entryway to a single-family residence; and WHEREAS, the subject property is within the unincorporated area of Pitkin County, Colorado, (as described in Exhibit "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 (Iand 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 fin3ings: 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 7 foot front yard setback variance be granted to allow for construction of an entryway to a single-family residence, as shown on the plans submitted (Exhibitt1B"), due to downz'gning. WARNING: Any violation of the terms of this resolution. may result in rehearing and possible revocation. ----- #333 ~?6/11/91 14c34 Rec ~.~~>' 648 F'G 331 - Silvia Davis, F'itk:in Cnty Clerk, lloc $.U~? Resolution 91-~ Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: March 5, 1991 The Board of Adjustment of Pitkin County, Colorado ATTEST: Ci y L. Christensen, Secretary ~~ Ra/ i Shaffra Chairman .~ ~. #333486 06/11/91 14:34 Rec x.00 Ph'. 648 P8 332 Silvia Aavis~ fiitl:in'Cnty Clerks Doc ~.h0 EXHIBIT"A" Property's Legal Description: Lot 9 Double K Ranches Subdivision __ , .~ ~,~.~,,.._ _ . , ., ._ .~ ~~'.~ ~ r ...~_ ..,d..,. , .~~.. ,v.. _.~. ,. ~.. yi i<f: 34 Rec ~. ~it_i Bk: 648 F6 333 Silvia Davis,`Fztk:in Cnty Cler4k, Doc ~.pcj EXHIBIT "B" t ' 1 W Z ~ J J y U i G J m 1- L W N 8 ~~--~ -~~ 1~ _~~- 1 t--~~ m 1 ....~ 1 lY ... ~. ..._ 1 Y ` ~'~ __J Y'T '16 ! ~ r !~. SL 1N s~'.1 6 OY 1 ~ 1 AA' 11 ~ W 1 ii \ W __j 1 1~ n ~~ G. ~ i« O9TG ... ' 74T Y G RP~~L. fI _ J ~ Of` \ ' J ~~ft'~ _ _-~ ri.x _ Y 11. • 1 Q~p(~~ 91 N~~ Ily Y LL 1 .p.1 ~~ a N M N N K .. a ~ a I 1~ ~, `' :~ • 1Sinutes Members Present: Pitkin County Board of Adjustment Batch ~, 1991 Kand Shaffran, Chairman Rick Neiley Stan"Mathis Evan Gull Joanna Schaffner, of the Pitkn County Zoning Office, was present with staff recommendations and comments. Shaffran opened the meeting at 5:20 p.m. and introduced the`Board to those present.. Shaffran stated that Ca'''se°#91-4, Tom Hansen, will be tabled `until the. April 2, 1991'meeting. At that time, plan changes will be reviewed. Case ~9T"-b"7~""Gateway' of Snowmas's Mesa Subdivision, has been withdrawn: ,. Gateway to~5iiowi~ass°Mesa~Subdvision Curt' Warn2cke mesas" "present""'along with' architect, Peter Dobrovolny,' tb request a 70 foot front yard setback variance and a 18 foot east side yard setback variance, where 100 feet and S-0 feet, respectively, are required. in the RS-30 zone district for construction of'a single-family residence. " Dobrbvolny submitted pictures showing the lot's "topography; a gully which needs to be avoided; and the few trees and vegetation which the owners hope to retain. Dobrovolny stated that the location of the prbposed hbuse'`has been moved as far north on the property as pbssible;` which"fhe owners `believe gives less impact to their neighbors. Shaffran asked if the Homeowner's Association had approved the building plans yet, and .Warnecke stated that they'had not.' Gull believed that the covenants for the Gateway-"S"ubdivison require z0 feet on each side. No one from the public was present to comment on this.. request, and no letters were received by t-he Zoning Office. The notice stated a 16 foot east side yard setback variance; Dobrovolny believed the Fulton's requireded a 20 foot east side ard` setback variance. After further discussion and a re y - evaluation of the plans, it was decided that an 18 foot east side yard setback variance would satisfy the needs of the applicant. 1 After further discussion, Shaffran made a motion to grant a 70 foot' front yard setback variance and an 18 foot east side yard setback variance', a"s' per`'the plans- submitted, due to topographical hardship. Mathis seconded the motion and all were in favor. ....~„~, ,1'41f.V1f~ aa.rvng ana uana strong were present to request a 7 foot front yard setback variance, where 100 feet is required in. the AF-1 zone district, for construction of an entryway. The notice published in the Aspen Times and the notice mailed to adjacent property owners incorrectly stated that a 93 foot froii't yard setback variance was being requested. The Strongs are requesting this variance to ;enclose a deck. Rheta Fulton gave a brief history of" the"house and sated; that the house wes built before the 100 yaYd set"bac~C~~~regu~.ation was imposed. Pictures were submitted showing where the enclosure of this deck is to be located. There was no one from the public present to comment on this case. Shaffran read three fetters into the record regarding this _.. ...d. _,.,,.r~ _.... ~.~,._. ~ ., request -- one let£er opposing this request (from Lillian Dalton) and two letters approving thi's request (from the'I7einiecTS aiid the Schmdt~sj"."" Gull asked. if this enclosure would be behind the existing house line, and'Rheta Strong replied that it would. '' After further discussion., Gull made a motion to grant a 7 foot front yard setback variance as p ~ o downzoning. Neley seconded the motion and all werel in favore t The minutes of the February~5 meeting were approved as written. The meeting was adjourned at 6:00 p.m. Respectfully submitted, w~ Cindy Christensen, Secretary Kandi Shaffran, Ch/airman ~,> ._ _.,.:, . ., ~,w:~ w,.,~. tir. ~. s/; ~N a NOTICE OF PUBLIC HEARING BEFORE THE PITRIN COUNTY BEARD OF'ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING VARIANCE DESCRIBED BELOW: 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 you are urged to state your views by letter, particularly if you have objection.to- such variance, as the Board of Fidjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. A VARIANCE GREATER THAIt OI2'LESS THAN THAT .. REQUESTED COOED BE GRANTED. f" DATE AND TIME OF MEETINGe March O5, 1991 at 5:15 p.m. City Council Chambers, City Hall Warnecke, Curtis & Nola: requesting a 70 foot front yard setback variance and a 16 foot east side yard setback variance, where 100 feet and 50 feet, respectively, are required in the R5-30 z6ne district, for construction o£ a single family residence. Property Location: Lot il, BIock 4, Filing 2, Gateway to Fultoass Mesa Subdivision. n, Rheta: requesting a-93'foot front yard setback variance, where 106- feet is required in the AF-1 zone`dstrict,' for the construction of a proposed entry. Property Location: Lot 9 Double K Ranch §ubdivison. Gateway to Snowmass Mesa Subdivision: requesting a 46 foot front yard setback variance and a 50` foot south side yard setback variance, where 100 feet and 50 feet respectively are required in the RS-30 zone district, for £he construction of a trash enclosure., Property Location: South side of Gateway'Road, off of Snowmass Creek Road. Submitted to the Aspen Times on February 19, 1991. To Be Published in the Aspen Times on February 21, 1991. County PO #495.61