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HomeMy WebLinkAboutpitkin.boa.91.31 PITIQN COIINTY BOARD OF ADJD'STI+TENT° DATE (e " /!3 '- g I CASE # ~l,f~ APPLICANT J®/tJkfC~ -~ON,~~ PHONE 9a7~ ~~,/~D MAILING ADDRESS ~0 .Bm ,~' `Y 7C~ .SiilO(N~3,~S S ~ to ~ t? fla .s-'7 OWNER S=d--v+-~-A-- PHONE "` MAILING ADDRESS .. LOCATION OF PROPERTY ~/~ 2 ~ ~/'~° N T y p ent 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 d%Z..°""""'-/"` ~-----'"^ (To be completed by the Zoning Department) Provisions of the zoning resolution, requiring the Zoning Official to forward this application to the Board of Adjustment, and reasons for not granting a building permit: ~ ~ Zone District Requesting: Lot Size ?._~' Front Yard Setback Variance, where ~~' is required. ~' Rear Yard Setback Variance, where ~~ is required. ~_~' C Side Yard Setback Variance, where ~O ' 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: //Zoning Official Application filed l9 C'' I U '~1 ~ Date a q ~ 000 Notices mailed ~n ' ( 7- ~/~ ~~ 1 ~ - Parcel ID #a~L~7-a13 -OD ~OD7 Secretary `~'~u-~- Resolution to Building. when Completed ~~ Yes ~ _~ No ,_ d .:, ~, ~~ U~-~~~ ~ ~ ~ a. ,n sd br~~ i ~': ~. e {i. ~,.,..--..t;. f y '"~ -n^p.,.. "'x'„~us. r'y ^W ..et k+d.. ':n.n -„ '~vF;, . I .E, ai^~I: ~` r _"",.-:.--'m-.9.• r Yx sy', M.4~rk 44 +Ni fS`R4`i-^-.+.o.~n' ~ 1 _ . _ ._......__._L, .. i.. __. _ ._, vY .. ~" ~ r ......---_....-_•~------i+ G-ti ~ .._--..,.._. ,,,...,:s..-,. ~m e.a..+.'~ +.avrmu«u#tW.S.a@xn `~vY-a6 .,_ ~~..ann,..azsdx..Fhi`w~'. 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BI~~,~. Sll~l~~ SA/tR CPS c7 17 Yt ~ Ci ~~ ~Za Hr ~,~ ~,-„~~, „' 1 ~<s„ ~r ?A~ r- ' ~X~{ ~ +~ >PEN/PITKIN PLANNING OFF1C! 130 South GalehaStreet Aspen, Colorado 81617 (303)'920=5090`°.:.. '._... ,. ... LAND USE APPLICATION'FEE5 City 00173 -63250-134 G,MP/CONCEPTUAL -63270-t3fi GMP7PINAL -63280-137 SUB/CONCEPTUAL -63300-t39 SUBlFINAL -63310-140 ALL 2-STEP APPLICATIONS - -63320-141 ALL 1-STEP APPLICATIONSI CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 X3340-190 HOUSING 00115 -63340-163 ENGINEERING - -- SUBTOTAL County 00173 -63160-726 -63170-127 -63180-728 -63190-729 X3200-130 -63210-137 -63220-732 -83230-133 -63450-146 REFERRAL FEES: 00125 -83340-205 00123 -63340 190- 00113 -63360 143 :PLANNING OFFICE SALES 00113 -63080-122 -63090-123 {3140-124 -69000-145 Name: Check # -.moo Additional billing: ~~ r• ~. .- ~ l =~' J ENVIRONMENTAL, HEALTH HOUSING -- EMGIl~E"EAYNG° CITY/COUNTY CODE COMP. PLAN COPY FEE5 OTHER SUBTOTAL -i ,% -%' "T .~~.~~~ TOTAL ---'`~ ~i - Phone: Project: ~~ ~/~~J~-_ ~~ % ~ ~ ~.~ Date: /~ - / J BOARD OF ADJUSTMENT _ ~, .~~` County of Pitkin } AFFIDAVIT OF NOTICE BY } Ss. POSTING OF A VARIANCE HEARING Stage of Colorado } BEFORE THE PITRIN COIINTY ~, BOARD OF ADJUSTMENT d~ The undersigned, being first duly sworn, deposes and says as f_ollOws I , ~G rv' ~ ~ ~ ~~' itJ Z ~ 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 v~ ~- day of ~..~ c.~ ~J 'E' 19 / 6 1 , to the c~ day of __ __~~'c, ! ~/ , 19~. (Must be pasted for at least nine (9) full days before the Applicant's Signatu Subscribed and sworn to before me this ~ day of , s) WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: lU ~ `3 ~ ~~ otary Pub ic's S nature Address ,laanrae KronDerg Central Sank Aspen, N.A. 42U E. Main St. Aspen, C4 81$11 My Commission expires t 0!10/83 hearing date). ...,,..- ~. ~a: ,..~ ,.-- '"~' #3~4440'~~7Yii7/9i' ~~9:~4 Fiec ~.GO B(! 65~~'« FG 999 Sil';via Dzvis, Pitkin Cnty Clerk`, boc ~.t~0 RE$OLIITION OF THE PITRIN COUNTY, COLORADO BOARD OF ADJIISTMENT GRANTING SETBACK RELIEF FOR DON~D nON2E x~ ~ ._ .._ RESOLIITION NO. 91-31 f land situated at Lazy P qu ~ .,~ _ ~, Glen Mobile Home Park S ace"#44 tre c ests a 30 foot"~rorit yard setback variance for an existing shed; and a 7 foot west side yard setback variance and a 7 foot rear yard setback variance for construction of an addition, in e S"jt zone district; and WHEREAS, the subject property is within the unincorporated area of Pitkin County; Colorado, (as described in Exhibit "A", attachedj; and, ,., WHEREAS, the Bgard of Adjustment in vested with the, power to grant or deny such variances by virtue of Title II, Section 16 utes, Pitkin County'Code (Land Use Code) and Colorado Revised Stat 1.3, 1973, 30-28-118(2) (C); and, ; WHEREAS, based on the evidence presented, the Board of Adjustment makes the following findingsi 1. Proper notice procedures, including the notification of all adjoining property owners, has been shown by the applicant. 2. There fired hardshi or ractical difficulty has be n establishedp P' 3. Granting such relief will not: cause substan- tial detriment tq t_he public welfare and wily' 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 30 foot front yard setbagk variance for an existing storage shed, where 30 feet is required; and a 7 fogt west side yard setback variance and 'a 7 foot rear: yard setback variance for construction of an addition, be granted, a§ 'shown on the plans submitted ( "B"), due to nonconforming lot size. Exhibit, WARNINGS Any violation of the terms of thas resolution may result in rehearing and possible revocation;" - T -f---~ r ...e_,. ~ .,,,__ .~ . _.. _,.~, a. d:T-- .-ti #3344~s:'i Or/1G/41 09:34 fret x.00 bK 1551 F6 1 Silvia Davis, Pit4~in Cnty Clerk, Doc ~.OCr Resolution 91-~ Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: July 2, 1991 The Board of Adjustment of Pitkin County, Colorado ATTEST: Cin y L. Christensen, Secretary Kan i Shaffr n~ Chairman ., rs i i. +:'y ., ta,. ~ #33444U U?/117/91 09:34 Rec $.40 E+I: 651 FS 2 Silvia Davis F'itkin Cnty Clerks Doc ~•Ui~ EXHIBIT "A" Legal Description for property owned by DONALD DON2E Lazy Glen Mobile Home Park Space"~44 Pitkin County, Colorado ~-~ ~- #34440 C>~_,aU/91 09:34 Fec ~•~~~? ~FDo 5~.`~G' 3 Silvia Davis, Pit4::in Cnty Clerk:, ~' P ~ L / M ~ // U / (V ~ EXHIBIT "B" i 1 S`nJ C~ J ~` bS ~~ ~' a ~~~ 0.e i i j !~ /// r \ '~ ~~ f~ 1 ~~ A' O ~ i 2~ Y ~ I ~ ' ~- `` ; `t /" ~., J ~ ,~ ~~ d ~, Ys ~s f~ -f'x--> ~-,op~ t~~ya, _ Pays 3 ~.~ y I J' O ~.~"/STi.~G _ Nowt-' ,~*? NOTICE OF PUBLIC lIEA2`2~N~ ~ ~ ~ "`" "' ~ ~'~" '"'k'"' BEFORE THE PITKIN' COUNTY BO~iRD"OF~ ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ~"'"" ZONING VARIANCE D~SCRIBELS B~T.ONi '~` ~ ~ ~~ _ _ Pursuant to Ptkin County Zoning Resolution of June 5, 1955 as amended, a'Publc 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 Bald Board of Adjustment re rovisions of th 7 y questing authority for varance'from the p e Count zoning Resolution. All persons'affected by the proposed variance are invited to appear and stateytheir'views, protests, or objections. If you cannot appear personall at sixch 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. A GARIAN~E GREATER'"THAN OR LESS THAN THAT RNQIIES~,rED "COII~'D C'BE'' GRANTED. DATE AND TIf+IE OF MEETING: July 2, 1991 at 5:15 p.m. Council Chambers, City Hall Ziff, William: requesting a 45 foot front yard setback variance, where 100 feet:. is required in the RS-20 zone district, for construction of a barn. Property Location: Lot 'R-53-A, Starwood Seven Exemption. Mayer, Chuck: requesting a 20 foot west side yard setback variance, where 30 feet is required in the AF-1 zone district, for construction of a residential garage. Property Location: Lot 1, Block 1, Filing 1, Brushcreek Village Subdivision. Pojman, Raymond:. requesting a' 30 foot front yard setback variance, where 100 feet is required in the RS-30 zone district, for construction of a single-family residence. Property Location- 170 Crystal Country Circle, Crystal River Country Estates, Carbondale. Pfister, Arthur: requesting a 16 foot height variance, where 12 feet is required per the Pitkn County Land Use Code, for construction of a barn. Property Location: West Buttermilk. Alcitore, Gaston: requesting a 10 foot front yard setback variance, where 30 fee£ is required in the R-30 zone district, for construction of a proposed addition. Property Location: Lot 10, Block 4, Red Mountain Raneh. Miller, Gordon: requesting a 90 foot front yard setback variance, where 100 feet is required, for construction of a single-family residence. Property Location: Newfoundland Lode Mining Claim, U.S.M.S. 5190': Donze, Donald: requesting three separate variances -- 1) 30 foot front yard setback variance for an existing storage shed; 2) 25 foot front yard setback variance, 10 foot east side yard setback variance and a 10 ;-- . ,~. and setback variance for construction of a proposed shed; 3) and setback variance and a 10 foot rear yard setback foot rear y erty Location: 7 foot west side y variance for construction of a mobile home addition. ro Lazy Glen #44• where 10 Renney, Mary: requesting a 7 foot side yard setback variance, fired, in the SR zone district, for cons LazctGlen #15a feet is requ' ert Location: Y proposed addition to a mobile home. Prop - Y ---------------__--_____ Submitted to the Aspen Times on June 18, 1991. To Be Published in the Aspen Times on June 20, 1991. County PO #51706 ,~ r„ ,.. .., .u .:,; .,. ,~~ ,:., ~. ~ ~. ~~ a , Minutes Pitkin County Board, of Adjustment duly 2;.._1991 Members,Present: Kandi Shaffran, Chairman Rick Neley Stan Mathis John Ostwald Ted.. Guy Members Absent: Evan Gull Joanna Schaffner, of the Pitkin County Zoning Office, was present , ., ., w,.~.,, with staff re~ommeridationa and comments. toathose presentthe meeting at 5:20 p.m. anti introduced the Board -TR Cr ~r.L.. [>>.w.... t. Ol'1 ..r. nn~in" a..~is-~--L_ ..__._':. ~nax=ran mane a motion to take this case off the table, Guy seconded the` motion and all were in favor. Vance Grenko was to re g accessory 'structu`re ~ foot hei ht'variance for construction of an Grenko apvised the Boprdpth to roe the May 7 meeting, he engaged several rofessional eo lent spncve that the only buildable area for this accessor structure is t y" ~ he one°beirig proposed. Grenko also submitted a letter from Jerome G'a"mba "& Associates, Inc. Michael Gamba is a water engineer aild prepared a map that Grenko submitted into the record verifying that the"'only location hhs structure can be built is tie one ,being requested. Shaffran reiterated that the location is not the problem, but the height is the problem. Grenko a ain stated that the floor area that is; g p, .p _ ~~ ', needed can only be utilizedwitfi his ro osed structure and~~hat a~.1 o~"~ttie ~zieighbors in the vicinity support his request. Shaffran asked for public comment. Gideon Kaufman, representing ..... Lee and~e and'Pat Zollinger,-neighbors of the Grenko's, stated that Zolinger support this request. itaufman sta_ ted"~tiiat "he believes that the nature of y p eminent topographic this ,lot is very~ste sp ver r al constraints -- rivet steep slopes. Kaufman stated that 'he has spoken wit 11 neighbors with everyone"sup'po'rting this request. 1 ~ outvof the Nicki Lee, a neighbor across the river from the Grenko's, supports this request stating that this would be nicely done, and be consistent with the look of the area. Ostwald stated that he passes the property everyday and you would not be able to see this structure from the highway during the summer months. After further discussion, Neiley moved to grant a 7 foot height variance, due to topographic hardships, per the plans submitted, as recommended in the letter from Jerome Gamba and Associates. Shaffran seconded the motion and all were in favor. Case #91-30 Miller Gordon Newfoundland Lode Mining Claim, Shaffran stated that she has a conflict with this case, 50 W111 not be voting. Neiley was acting chairman. Randy Wedum was present, representing Gordon Miller, to request a 90 foot front yard setback variance, for construction of a single-family residence. Wedum briefed the Board as to the location of the property and the proposed location of the barn. Wedum stated that Miller wants to use the existing road that is already cut and services two properties. Wedum stated that the proposed site is the only buildable site, therefore, the request for the setback. Wedum showed the Board the actual site plan, with the building envelope and the proposed location of the house. This site has received a 1041 approval for the building envelope. Neiley asked if there was any public comment and there was none. After further discussion, Mathis moved to grant a 90 foot front yard setback variance, for construction of a single-family residence, due to topographical hardship, as on the plans submitted. Guy seconded the motion. All were in favor. Joe Wells was present, representing Mr. Ziff, to request a 45 foot front yard setback variance, in the RS-20 zone district, for construction of a barn, on a 73.6-acre tract, adjacent to the Stanwood Subdivision. Mr. Ziff owns both sites that this variance would affect. Wells also mentioned that an approval was just received from"t'he ~PTanning and Zoning Commission for a lot line adjustment. Wells further showed the Board what type of topography surrounds the proposed barn location. This area is surrounded by 30~ or greater slopes ...., and they are trying to minimize the impact on these slopes. Wells stated that Mr. Ziff raises native plants, which he uses on his own property. These plants are grown in the area of the proposed barn 2 location., therefore, work activity to be the proposed barn would be located near the used by this proposed barn. `" ' Guy further clarified that Section of exceptional narrowness, shallowne of property at the time of enactmer reason of exceptional topographic co; or exceptional physical characterisi of property tint created by the apply of these regulations, the strict regulation would result in pecul difficulties to, or exceptional and of such property, then the Board appeal relating to said property, to strict application so as to relieve provided such relief may be granted to the public good and without subst ..~, the intent and purpose of the zoo policies and regulations of this Cod an exceptional topographical Condit 16-1.3 states, "Whereby reason ss or shape of a specific piece it ofzoning regulation, or by zditions or other extraordinary :ics or condition of sucT'piece :ant subsequent to the adoption application of any 'zoning ar and exceptional practical undue Hardship upon, the owner shall have authority upon an authorize a variance from such such difficulties or har'dsh' ip, without substantial d`etrime'nt antially altering or impairing ... ling district regulations and e .~~; and this is certainly ion with 30~ slopes'. Shaffran asked for public comment and there was none. Shaffran asked Wells if approved these plans. "` was present'' and state reviewed the' plans and pending the approval of After further discussion, Guy made a motion to grant a 45 foot front yard setback variance ,for construction of a barn, from the ... ~do'asTad"lot-lines as shown in the; plans"'submitted, due to"ex~~eine` 7 p g phical hardship and unique condition's to the property aot caused by the applicant, specifically, the existence of`"a road. _, Mathis seconded the motion and alI were in favor. representing. Chuck Mayer, to request a 2'b foot west sideyard setback" variance, where 30 feet is required in t`he ~F'3~""zone .._..~w: district, fo'r cons`tructiort of a re"sidential c~ar'age. McCloud mentioned that there are topograpfic oonstra'intis. McCloud lrie~ed ah22Bobrd on this property.; The proposed two-car garage is`to be y 22~. A scenic ov ro osed arerlay and ridgeline review. was ,approved for this p p' g age by the Planning and Zoning Commission. Ostwald g g _.._ ..... _ .. 1~ , - yw pompent~d that a ara a ca yot b P placed a property lse on"this ro ert because it is a ver stee iece of Guy mentioned that the drawings are not true to scale and that a 21 foot west sideyard setback would be needed. Guy also asked if Mayer's had an easement through the adjoining property for the driveway and McCloud stated that they did. Shaffran asked if there was any public comment and there was none. After further discussion, Guy made a motion to grant a 21 foot west sideyard setback variance, where 30 feet is required, for construction of a garage, due to a nonconforming lot and a topographic hardship. Ostwald seconded the motion and all were in favor. Pojman stated that the lot is only 165 square feet, therefore, believes this to be a nonconforming lot. Pojman also stated the Architectural Review Committee at the Crystal River Country Estates has signed off on his proposed plans. There is a hole already dug on this property which Pojman wants to utilize for the foundation of his proposed house. Shaffran stated that the proposed house would be centered on the lot. Shaffran asked for public comment and there was none. Shaffran moved to grant a 30 foot front yard setback variance, where 100 feet is required, for construction of a single-family residence, due to nonconforming lot size. Ostwald seconded.. the motion and all were in favor. Art Pfister was present to request a 16 foot height variance, where 12 feet is required in the AF-1 zone district, per the Pitkin County Land Use Code, for construction of a barn. Pfister mentioned that he has to relocate his ranching operations due to the Pfister Ranch/Golf Course development. This is an ongoing agricultural venture. Shaffran asked for public comment and there was none. Schaffner mentioned that in the Board of County Commissioners meeting on Monday, July 1, the Board discussed changing the height limitations for barns on conforming size lots in the AF-1 and RS zone districts to 28 feet. This may be incorporated in the new Pitkin County Land Use Code. variance, where 100 feet is required in the RS-30 zone district, for construction of a single-family residence. ~ f{~+. for a 25 foot front yard setback variance, a 10 foot east side yard setback variance, and a 10 foot rear yard setback variance for construction of a proposed shed has been withdrawn per the applicant. The residents have just purchased the mobile home park. Guy asked what the future plans were for the park. Guy Gervae, president of the Homeowners Association, stated that they plan to go for a PUB approval and change the zoning so that more permanent changes can be made to the park. Gervae mentioned that the Homeowner`s Association reviewed Donze's plans and had no problem with what he is requesting. Schaffner mentioned that the zoning for that area is for lots of 15,000 square feet or greater. None of the lots located at Lazy Glen fall within these guidelines, therefore, everything being added not meeting the setbacks will have to be reviewed. Shaffran stated that she would have no problem with the shed as it is a better alternative to having equipment and items spread over the property. Shaffran asked for public comment and there was none. For the first variance request, Guy moved to grant a 30 foot front yard setback variance for an existing storage shed, where 30 feet is required, due to nonconforming lot size. Shaffran seconded the motion and four were in favor with Neiley abstaining. The second request was discussed. Neiley stated that he had a problem with this request since it would cause a zero lot line along open space which should be available to the residents of the park. Neiley believes that a homeowner should be able to access the perimeter of their building on their property, not in open space. Donze mentioned that along the back lot line is an elevated berm and is a totally unusable area. After further discussion it was realized that there would be approximately four feet from the addition to the lot line. After further discussion, Guy made a motion to grant a 7 foot west side yard setback variance and a 7 foot rear yard setback variance, due to nonconforming lot size, for construction of an addition, as per the plans submitted. Shaffran seconded the motion with four approvals and Neiley denying the request. Mary Kenney was present to regize'st a "7 foot side variance in the SR zone district, for construction addition to a mobile home. a proposed 6 r ~~ Kenney submitted letters into the record from adjacent property owners approving this request. A~ao '§ubmitted were pictures showing the need for the addition. After a brief discussion, Guy moved to grant a 7 foot side. yard setback variance, on the condition that at least 15 feet remain between the addition and the adjoining trailer, due to nonconforming lot size. Mathis seconded the motion and all were in favor. The minutes of the June 4,'1991 meeting were approved as written. John Ostwald tendered his resignation at the conclusion of this meeting. His letter is on file. in the Zoning Department: The meeting was adjourned at 7:30,p:m. Respectfully submitted, Cindy L Christensen, Secretary Rand Skiaffr Chairman