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
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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•
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CASE # ~p ~ O l --
PHONE / ~ 7 ~ 3 ~, 3
PHONE ~a7- ..333
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'Off
Application filed
Notices mailed ~1
Parcel ID # -~~~J 4
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S;
'~ Secretary
Resolution to Building when Completed
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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.
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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
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February 8, 1991. u`,
Pitkin County Boar6 of Ad justment ~' `"
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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
;~.
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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
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EXHIBIT "A"
Property's Legal Description:
Lot 9 Double K Ranches Subdivision
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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.
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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
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THE~ITKIN'°COTTNTY BO OF" ADJUSTN7ENT"`
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Cindy Christensen, Secretary
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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.
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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:
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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
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#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
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Silvia Davis,`Fztk:in Cnty Cler4k, Doc ~.pcj
EXHIBIT "B"
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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
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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