HomeMy WebLinkAboutpitkin.boa.91.22__
P=TRIM COIINTY
BOARD OF ADJITSTMENT
DATE
APPLICANT ~ V ~ ~ 1 T~ /r/'
MAILING ADDRESS/~® ~= I~'~' '~A~{'-, Y-~'~''~'
OWNER ~ ~' Yj'1 '~'
MAILING ADDRESS -~ J`~p~ E9'
LOCATION OF PROPERTY I~~`-~'STON~= ~(
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CASE # O ~~ p
PHONE . / ~O ~ Z'dC~
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Any pertinent data must accompany this application, and will be
made part 'of this Case. The Board map return this application if
it does not contain all the facts, in question. '
-~ ~ ., ~ n
Applicant Signature
(To be completed by`the Zoning Department)
Provisions of the zoning resolution requiring the Zoning Official
reasons fo this application to the Board of Adjustment, and
to forwar•r not granting a building permit:
~~ / Zone District
Requesting: ~-~'°~ Lot Size
~5~ ' Front Yard Setback Variance, where d G'~ is required.
' Rear Yard,_Setback Variance, where ° is required.
. _ _.
' ~ Side Yard'Setback 'Variance, where ' is required.
' Side Yard Setback_ ~ ' qu'
_ Variance, where is re fired
' Height Variance, where ' is required.
Square Feet where a maximum of sq. ft. is allowed.
Other:
Hardship:
Application filed
Notices mailed ~-~~-g,
Parcel ID #eJ ~?~~9 `a~'/n2 `c~3'Dl1 Secretary
Resolution to Building when Completed
Zoning Official
~/ -~~ Date
~~ Yes ~ _ ~ No
{ ea.~,r;; a dJ~ ~
NOTICE OF PIIBLIC REARING
BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED, BY THE REQUESTED ZONING OR USE
VARIANCE DESCRIBED BELOW:
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 THE HEARING AND OF THE REQUESTED VARIANCE ARE AS
FOLLOWS:
Date and time of meeting:
Name and Address of
Applicanf•
Property Location or
Description-
June 4, 1991 at 5:15 p.m.
City Council Chambers, City Hall
Juanita M. Meller
0140 Elk Lane
Carbondale, CO 81623
Lot A-8, Redstone Ranch Acres
Subdivision
Requesting approval for an 85 foot front yard setback variance, where
100 feet is required in AF-1 zone district, for construction of a
residential garage. Approval of this variance would place the
proposed garage 15 feet from the Meller's front yard property line.
VARIANCES GREATF.T2 OR LESS THAN REQUESTED COIILD B1? GRANTED.
Duration of Variance: Temporary Permanent X
THE PITKIN COUNTY ARD OF ADJUSTMENT
Cind L. Christensen, Secretary
Juanita m. meller ''
0140 Elk Lane.... ,.;. _: ;-_ ,.; ;..
Carbondale, Colorado 81623
963-2069
TO U1HOm IT mAY CONCERN:
I, Juanita m. meller, desire to obtain a variance, to build,_a. garage at
0140 Elk Lane', Carbondale, Colorado. The variance is needed because of a
non-conforming lot, size,
m
as ~4,~:f6~~~s'
Lot A-5
Veryl Brunton
2230 Caryle Place
Las Crucus, New Mexico 88005 ~ _
Lot A-6
Ronald E. Barrett
0030 Elk Lane
Carbondale, Colorado 81623
Lot A-7
John F. Foulkrod
P.O. Box 624
Carbondale, Colorado 81623
Lot A-9
Gary & Leslie Jochum
933 Wheel Circle
Carbondale, Colorado 81623
Across the creek
Kieler 8ronislawa
Jan J. 8ronislawa
10645 NW Route Way
Broomfield, Colorado 80020
Reserved lot to the east of Lot A-8
Jerry Barenholtz
President-Redstone Ranch Acres Subdivision
0234 Bobcat Lane
Carbondale, Coloradc 81623
P 5' ~Av ~.VY~r'.
Juanita fA. fl1eller' ~ ~ ~ " r r~ fl
0140 Elk Lane ~- t n
Carbondale, Cdiorado 9162 f'" x ~~~ ~ J 1 r/
963-2069 G-,
LECAL DESG`RTF~TTON O'F LAND
Parcel do, 1
A parcel of land situated in the SE NW of Section 29 Towns
_ + Y 9 theasterly
ColoradoLosaid8farh~hehRetlstone RanchoAcr`ess'5ubdivisione Po~hip 10 South,
~,- kin County,
+ p c 1 of land is described as follows:
Beginning at a point on the Northeasterly lip
_....~.
the Southeasterly Corner being the most Easte
..,,
bears: 43°47'00" E. 92.99 Pee ; thence N. d~"
Northeasterly line of said `lot A 8; thence N.
thence S. `43°47'00" E. 47.28 ~`eet~ 'thence S.
a point on the Northeasterly `Tine~of said Lot
said Lot A-6 whence
Corner oP said Ldt A=8
0" {11. "'47:29`"fe`et along the
13'00" E. 1d,U0 feet"
~ ~.
3 OOe '~1.` 1b:b0 "feet td
point of beginning.
The Above described parcel of land contains 472;60 square feet, more or
less.
Parcel No. 2
_ ~ p f ~„a a. ~- ~,~ ~~. . ~ 9 platthereof" . I
filed as Ree~ttaonRNoc~'0`R~B~fi'inbEh~alof~PiceaofothenClerkt&eRecorder of
Pitkin Cotm't Colorado sub'ect to restrictive coven'ahts of record.
Also known as ,0140 Elk Lane, Carbgndale, Colorado
~`
~.
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4SPEN/PITKM PLANNING OFF'(C"'r
730 South Gatena Street
• Aspen, Colorado846Y'1 '
(303) 920.5090
LAND USE APPLICATI6N FEES
City
00113 -63250-134 GMP/CONCEPTUAL
-63270-736 GMP/FINAL "~~~
-63280-137 SUB/CONCEPTUAL ~ "
-63300.739 SUB/FINAL
-63310-140 ALL 2-STEP APPLICATIONS
63320-147 ALL 1-STEP APPLICATIONS/ ~' '~
CONSENTAGENCA`ITEMS' '
REFERRAL FEES:
00125 -63340-205 ENVIRONMENTALHEALTH° '
00123 -63340 i90~ HOUSING-
00115 -63340-163 ENGINEERING '
SUBTOTAL
County
00173 -63760-726 GMP/GENERAL
-63 7 70-7 27 GMP/DETAILED' '
-63790-128 GMP%FINAC '
-631 90-1 29 SUB/GENERAL
-63200-130 SUB/DETAILED
-6321 0-7 31 SUBlFINAL
-63220-132 ALL 2-STEP APPLICATIONS '-
-63230-133 ALL 1-STEP APPLICATIONS/
CONSENTAGENbAITEM5 -~;
.
-63450-146 _
BOARD OF ADJUSTMENT ~' ~ -~~~ ~~
REFERRAL FEES: '
00125 -63340-205 ENVIRbNMENTAL'HEALTH'~'~ ~ '
00123 63340-190 HOUSING
00113 -63360-143 ENGINEERING
PLANNING OFFICESALES "....._ ~.....,. ~ .... ... ,.
00713
-fi308'0=1°22" ~, s, ;:.
CI7Y7CQUNTYCODE~ _
-63090-723 COMP: PLAN ~~ '~
-63740-124 _
COPY FEES '
-69000-745 OTHER '
Name:
Address: U/Gl_)C,~( ~i,~`,'-S-
f ~,.,~
Check # ~ S j
Additional billing:
SUBTOTAL --, i%~
TOTAL~J '~-
Phone: ~t~ ~--_.7(;/•?/'
Project: ~UF1 Jve,,L,. `7
~J
Date: ..S' ~~ ~ %~
#of
~&; to 4'~5..~~~'d
.a° ~ac a ,. - ~.+..x~ fx 3u ? iiS a ~ ,. m ~. S fn p hw*rf
County of Pitkin } AFFIDAVIT OF NOTICE BY
} ss• POSTING OF A VARIANCE BEARING
State of Colorado } BEFORE THE PITKSN COUNTY
BOARD OF AD.7IISTMENT
The undersigned, being first duly sworn, deposes and says as
follows r.
I,
_ _" `~-~"4 ' ~--'' being or
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 5 ~ day of t: ~
~_.
to the day of `~
19~
(Must be posted for at least ine (9) full days before the
hearing date).
.,
Applicant's Signature
Subscribed and
this .3 ~, ~ da
19~, by -~
to before me
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires: .,,
Addr ss
• ;.~ #334352 U7/Og/; 14; 31 Fec ~, pp 81,
Sil
via Davis 654.,,fib
~:'V s E_cF;in Cnty Clerk., Doc $,UU 3
RESOLIITION OF THE PITRIN~ COVNTSC~ CO7;OIFP,'DO` ~ `` "i
BOARD OF ADJUSTMENT
GRANTING SETBACK RELYEfiE' "F`OR `'~"t7ANY~'A" 2+~ELLEI2 ~ . x ~ a '
RESOLOTION NO. 91-23
WHEREAS, Juanita Meller, owner of a tract of land situated at Lot
A-8 ,' Redstone Ranch Acres Subdivision, requests an 85 foot front
yard setback variance, where 100 feet is required in the AF-1 zone
district, for the construction of a residential garage; and
PitkinSCounty ub'ect p ~~ rea of
and, ~ Coloradoop (asydescrlibed in Exhib tr Ara attached) ;
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 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. `
su0bmittedfroEt ,yardT's tbackDVar~ancgeobe grantedsttonallowptfor
construction of a residential ara a as shown on the lans
( xhibit B ), due to downzon~.ng and topographical
hardship.
WARNING: Any violation of the terms of this resolution may
result in rehearing and possible revocation.
r~ '~~~ w k
#334351 6?~' J/91 14:31 Rec #.Oc~ RtL 650
Silvia Davis, Pitkin Cnty Cler4:, Doc $•
Resolution 91- ~~
Page 2
The Resolution was adopted by vote of the Board of Adjustment of
the County of Pitkin, State of Colorado.
DATED: June 4, 1991
ATTEST:
Cind L. Christensen,
ecretary
The Board of Adjustment
of Pitkin County, Colorado
ate.. _.-~: ~ _p ~.~
IE ndi Sh~ an-~---
Chairman
Juanita A1, mallet '~ ~~
0140 _E'ik°-d.ahe ~-,
,, ~ 49
Carbd'~da,le, Colorado 81623 ~'" x ~ t ~~ ~
963-2069 G-'
LEGAL DESCRIPTION OF LAND
#334352 Qr/08/91 14:31 Fec ~.~~0 RK 650 PG 772
Silvia Davis, Pititih Cnty Clerk., Doc $.<7C~
Parcel tlo. 1
A parcel of land situated in the SE~NWQ of Section 29, Township 10 South,
Range 88 West of th 6th P.m., lying Northeasterly of the Northeasterly
line of Lot A-8 of the Redstone Ranch Acres Subdivision, Pitkn County,
Colorado, said parcel of land is described as follows:
Beginning at a paint an the Northeasterly line of said Lot A-8 whence
the Southeasterly Corner being the most Easterly Corner of said Lot A-8
o ~ n o ~ o
Northeasterl°y010ine of 2saidfLot'AtBenthence4N.4460103'00"4E.2B0f00tfeetng the
thence S. 43 49 00 E. /s7.28 feet; thence S. 46°13'00" W. 10.00 feet to
a point ore the Northeasterly line of `said Lot A-8, the point of beginning.
The Above described parcel of land contains 42.60 square feet, more or
less.
Flarcel No. 2
Lot A-8, Redstdne Ranch Acres Subdivision, according to the plat thereof
filed as Reception No. 108286 in the office of the Clerk & Recorder of
Pitkin Couhty, Colorado, subject to restrictive covena'hts of record.
Also known as 0140 Elk Lane, Carbondale, Colorado
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NOTICE OF PUBLIC HEARING
BEFORE THE PITKIN COUN`I~Y BOARD O"F`` A7SJL7STf2EI~TT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED
ZONING VARIANCE DESCRIBED BELOWs
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 oannot
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
decidn whether to y q ce. A
VARIANCE GREATER THAN Olt Y;ESS ~ THAT R~.QUE"STED COk7LA BE laGN`rED.
DATE AND TIME OF MEETING: June 4, 1991 at 5:15 p.m.
Council Chambers, City Hall
Meller, Juanita: requesting an 85 foot front yard setback variance,
where 100'feet`is required in the AF-i zone district, for construction
of a residential garage. Property Location: Lot A-8, Redstone Ranch
Acres Subdivision, Redstone.
Luu, Tong: requesting a 30' front yard setback variance and 10' reaY
and side yard ,setback variances, where 30', 10' and 10' respectively
are required in the SR zone district for the placement of a new mobile
home. Property Location: Space #12, Woody Creek Mobile Home Park,
Woody Creek.
Worth, Ann: requesting a 10' southeast side yard setback variance,
where 10' is required in the SR zone district for construction of a
storage shed. Property Location: Space #106, Aspen Village Trailer
Park.
Submitted to the Aspen Times on May 21, 1991.
To Be Published in the Aspen Times on May 23, 1991.
County PO #
Minutes
Pitkin County
Board of Adjustment
June 4,' 1991
Members Present: Kandi Shaffran, Chairman" - Rick Neiley
Stan 2+Iaths Evan Gull
Ted Guy
...:.. _
Members Absent:'" John`Ostwald`' '
Joanna Schaffner, of the Pitkin County Zoning Office, was present with
staff recdmmendations`and comments.' '
m. and introduced the Board t
thoserpresented the meeting at 5.20`p."" 'µ q
Case #91-15. Gr"enko. Vance &' Ellen `"0'032 Ava~anCne Crk' 1~~ "Car~oridale"'
>~.., ,
"Vance Grenko requested this case be tabled to the ~'~ily' 2`"°meeting.
Shaffran made a motion to table Case 91-15"until July 2, Guy seconded
the motion, and' all were in favor.
varianceMewhere was present to _ request an 85 ' foot ° f"rout yar'd` setback
100 feet is required, in the AF-1 zone district, for
construction of a residential garage. Heller `stated-that `the lot `is
a~,.. _ .
very small. Guy stated that "the"lot is only 55 "feet creep; where lOd
feet is required.
Shaffran asked for public comment and there was none. Guy asked what
~~ .,.
the setback would`be for"""t~iis size lot Gull stated`that it would be
comparable to the requirements of the"R-30'zone district, which is 30
feet.
Gu asked if the p y g 5 p q
stated that further back"is in a flood' lain and there are uite a few
trees that would have to be removed ul S haffner st `tedethatctrie lotus
situated in the woods and no one is further down the road except a
wooded area.
Shaffran s
fated that in a situation like this, the Board would utilize
down zoning as a hardship. Guy and 'Neiley stated that they would like
to see the propo qd garage pushed back~furtT~er~to`be in conformity with
the R-30 zone re uirement, but Neiley does not want to see the trees
removed.
1
,~-,,
Gull stated that he would not be inclined to push it that far back
because of the narrowness of the lot, and that over 500 of the lot
should not be considered in calculating the proportional setbacks.
Shaffran suggested a site visit to see which trees would be affected if
the garage was pushed further back. Mathis stated that if the garage
was moved at a different angle, an 85 foot setback would not be
required. After further discussion, Guy moved to grant an 80 foot front
yard setback variance due to downzoning and topography, as on the plans
submitted. Neiley seconded the motion. All were in favor.
Case #91-25 Worth Ann G Aspen Village Trailer Park Space #106
Ann Worth was present to request an 8 foot southeast side yard setback
variance, where 10 feet is required, in the SR zone district, for
construction of an accessory structure.
Worth reviewed the plans and what was being requested. Guy stated that
he read the memo included in the packet from Joanna Schaffner regarding
Mobile Home Parks in Pitkin County and wanted to .know what the
separation requirements would be if this was a licensed mobile home
park. Schaffner stated that the Code states 10 feet, side to side, unit
spacing. Mathis stated that unit spacing is different -- wall to wall.
Schaffner also stated that the licensed mobile home parks are required
__..~
to have a minimum lot size of 5,000 square feet.
After a brief discussion on mobile home park requirements, Gull stated
that he thinks that the Board should only look at the trailer separation
(unit spacing), not lot line separation.
Worth submitted a letter from the neighbor, Mr. and Mrs. Elisha, whom
this structure would affect, stating that they have no problems with
this request. Shaffran read the letter into the record.
Guy read the part of the Code which states: "All mobile home units
shall be parked so there will be a minimum of 10 feet between mobile
., ,._ ,
homes measured side to side or side to end. Mobile homes parked end to
end shall have an end to end clearance of not less than 5 feet.
Enclosed additions to mobile home units and accessory buildings, such
as storage units, shall be. considered as part of a mobile home in
measuring required yard distances. Any encroachment on a spacing
requirement shall not leave less than 6 foot side to side, or side to
end, between units in any park."
After further discussion, Guy made a motion to grant a southeast side
yard setback variance of up to 6 feet from the side of the adjacent
trailer and. up to 10 feet from the side yard, whichever creates the
least setback, as per the plans submitted. Mathis seconded the motion
and all were in favor.
Tong Luu and Mike Underwood (owner of Woody Creek Mobile Home Park) were
present to request a 30 foot front yard setback variance, a 10 foot rear
2
_~ ~ ;
yard setback variance and 10
feet, 10 feet and 10 feet,
district, for placement of a
foot side yard setback variances, where 30
respectively,. are required in the SR zone
new mobile home.
Underwood explained the situation and why the request is being made.
Neiley asked Underwood why this lot was shorter than the one next to it
and a plat of the mobile home park was shown. Underwood stated that
the front line varies a lot. This, unfortunately, has been going on
since the mobile home park began. Neiley sees no problem unless there
is a life safety issue.
Shaffran asked if the trailer replacing the existing one was the same
size. The replacement trailer is going to be 1-1/2 foot wider.
Underwood stated that other building permits have been broughE in and
issued by the Zoning Department over'the'past pear without anp problem'.
After further discussion Shaffran moved to I y d
yetback variance, a 10 foot rear yard setbacka r ance Onand 10 f`et side
and setback variances with 15 feet to remain between units side to
side), as shown `on the plans submitted, due to non-conforming lot size.
Guy seconded"the, motion and alY were'in favor.
The minutes of the May 7, 1991 meeting were approved with changes
suggested by Shaffran ahd Mathis. Tlie corrected minutes are shown as
submitted to the file.'
The meeting was adjourned at 6:15 p.m.
Respectfully submitted,
1
Cindy Gh istensen, Secretar`p"
and Shaf ran, C airman
z _. . _..,. .,. .. ~,
M E M O R A N D II M
TO: Kandi Shaffran
Evan Gull
Stan Mathis
Rick Neiley
John Ostwald
Ted Guy
FROM: Joanna Schaffner
DATE: May 21, 1991
RE: Mobile Home Parks in Pitkin County
Two of the three cases scheduled for the June 4 meeting are for
variances within mobile home parks. To avoid any confusion
during the meeting, I wish to explain why these cases are on the
agenda, and why you will be reviewing more such cases in the
future.
There are five mobile home parks in Pitkin County. None of these
parks have gone through Mobile Home Park rezoning, and are not
licenced by the County. They are currently zoned SR (Special
Residential). The minimum lot size for lots in this zone
district is 15,000 square feet and setback requirements are 30'
in the front and 10' on the side and rear. These setbacks are
measured from each lot line for each lot within the park.
The Zoning office cannot issue permits for the placement of
trailers which encroach into the required setbacks without Board
of Adjustment approval.
We hope to address this issue with the BOCC in the future to
avoid having each trailer owner appeal to the BOA. Until such
time, we are requiring Board of Adjustment review for all newly
placed trailers which cannot meet its required setbacks.
Likewise, your review will be required for any accessory
development (i.e., sheds, additions, etc.) within the parks.
Please call me at 920-5090 prior to the June 4 meeting if you
have any questions.
jss