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Home My WebLink Aboutpitkin.boa.91.54...... ~ M ... ]~ i .. ~. PIT'RIN COCTNTY BOARD OF ADJUSTMENT October 1, 1991 CASE (///~~~~/t~~ DATE # -6-~- .._ 7~. . a., . ~;. ",.r a.~r~p a -~.,...~~~ i ,_K~.. APPLICANT Marilyn @ Chuck Frias PHONE 925 263 y6'.r,^ ik+! .. a 3 .a 'tYe k ~.,~rp'tUL ~ ~i~°*frzUIX~u2~9+'4r, +~3i 3 100 Meadowoocl, Drive ""Aspen, CO 81611 MAILING ADDRES OWNER Marilyn @ Chuck Frias PHONE 925 2636 7 ~z,.. s.-e a1 .m . zmt..,w~ir}.~.:w 2h. '+ MAILING ADDRESS 100 N~adowood Drive Aspen, CO 81611 ~, v ~. .~ -~ ~,r . },- LOCATION OF PROPERTY 100 Meadowooydy~Driye'~"'Aspen, /~CO 81611 /y t~ , ~~~ / ®l P.~~d.~Ga.~t? b ~-Y ~o~ ~ ~i4.~I ~S i ~r-..~ , Any pertinent data must. accompany 'this application, and will be made art of this Case. The Board ma return this a lication i rt does not contain, all the facts in quesfion. pp " -_ _--- '; Applicant Signature L./.'° ~ ~,..~... rar ~. .a... r ;w c _a ... ~r ..++.a+w'. w-'c 4y M nu„L:.yai Aru .i x (To be completed by the Zoning Department) Provisions of the,zon,ing resolution requiring the Zoning Official to Forward 'this application 'to the Board of Adjustment, and _---; reasons for not granting a building permit: d !:'3 one District Requesting: 3~ of Size ' Front Yard Setback Variance, where ' is required. ' Rear Yard Setback Variance,, where ' is required. ~-~i~ ' Vi1 Side Yard Setback Variance, where Js is required. ' Side Yard Setback Variance, where ' is required. ' Height ~Iariance, where ' is required. Square Feet where a maximum,„_o,f sq. ft. is allowed.;. Other: ,.~ ~ i Hardship: ;,.... w.~...~ _ 4.,.~..;__,..,,,.,;,. ~,,,. Zonngg Official ~~?~- ~ ~ ~_ Application filed G~~-! Date Notices mailed _,/U',~~J1~'-~1~ Parcel ID #o77y~.J `"/~`T-Ca' -0~_~Secretary ~' .. ~, ~ i, NOTICE OF PUBLIC HEARING TO'ADJACENT PROPERTY OWNERS ..,. _... .. .,..,,-~M,.,..,os,-w,..+f,.~xit~+.'~fire.~6#,..Mt~+a~,k~„»..r^.F .wtl di~knt_.~.v F~'6,.a .r -.~J~. ,,.. m. . .jl «.., .":xi.- BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT mm .N. d'. .. d 4c ,i l' ry.-nM y,., FVt «~ k p n ,.:, 1 _i. VARIANCE DESCRIBED BEhOWAFFECTED BY THE REQUESTED .ZONING OR USE y esoluton of June 5, 1955, as Pursuant to Pitkin Count R 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 e from the provisions of the County Zoning Resolution. All persons affected by the proposed variance are invited,to pp cannot andear a ersonall va"tWS, protests or objections. If you pp p y such meeting, then you are urged to state your views by letter, particularly if you have objection to Adjustment will give serious consideration to the o anions of others affected in decpdinq whethsurroundng property owners and er 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: November 5, 1991 at 5:15 p.m. City Hall, 1st Floor Council Chambers Owner: Chuck & Marilyn Frias Name and Address of Chuck & Marilyn Frias Applicant: 100'NTeadowood Drive Aspen, CO` 81611 Property Location or Lot 3, Filing 2 Description: Meadowood Subdivision Requesting approval for a 12-1 /2 foot west side yard setback „ q f this construction o P a proposegd rgsiden~ial garage. Approval`oct for variance w uldTelace the laraee 2r1d21feet fromOthenwestsside yard property line. VARIANCES GREATER OR LESS THAN_REQUESTED COULD.BE GRANTED. Duration of Variance: Temporary Permanent X THE PITIiIN COUNTY BOARD F ADJUSTMENT Cindy ..Christensen, Secretary""' '' 8 w , a.R,y t` a9 ~ -: :, ,._ .,~, ~;1 ._. ~._ ~zW ik ..~~'.~. ~~ Marilyn and Chuck Fr-.i.~s itlC> Meadowood Drive Aspen. Ca 81611 Dear Sirs: Chuck Frias General Manzger/broker y4s~ZO,~ ~- 730 East Durant Aspen, Colorado 81611 303/920-2000 800/882-2582 303/920-2020 (FAX) 303/925-2636 (Home) Enclosed is an applir_akicin for varianre regarding our Meadowood Hpme_ garage. 0!.+r original home is a SL~Er year old "cabin" which we added on to in 1~9~+ and was present long before the Meadowood Subdivision was conceived. The home was included witl-+in lot #3, filling 2 with the setb~c,k lines ~br the south, north and west side yard close,to ttie original house. This precluded us from building on three sides of the'vriginal hou=-.e. g. _ ~J _ om themdrxvewayteUpgn advir_e,ofgou a garage in the only location accessible fr archi+te~tlb+-!ilderlandwprdfQ-.=i~onalhhouserrr,overs we decided a ain~t movin the cabin" for fear of suhstan,tial damage to 'the structure. We subsequently went to our homeowners,associ.atzon for approval of a variance to add a garage which wou7.d e;:tend into the set~t,ack°'"upon advice of the p'tarming office. Although the Meadowood Association had never allowed a variance for anything e:;cept a medical hardship, our neighbors unanime+.!sly ehrJorsed nur plan. A letter- from our association and neighbors are enclo=ed. We beleiye our hardshi is: _ G - The subdivisipn was developed after o!at hou~F was built and xn place. - We would have lost the "r_abi.n" if we attempted to move the struct!.!re,to accomodate the ara e i.n the onl location al 1. owed due to the lit 7.ines g- 9 Y , location s+.irrounding our or-igihal house. TI-+arrt; you for yat-tr cansi.deration of our.. request.. Sincerely, /. Marilyn @ Chuck Frias ,. ..- ~~;~~~~~ Meadowoo[I Homeowners Assnr_iation Y.U. E+oz 8774." ;,. Aspen, CU 81612 UWNEFtS WITHIN i_Uty' OF F(~ I A5 HOUSE - i UU MEADOWOCYD DFi 1 V Mr. William Esau Ror 89vU Aspen, CU 81612 Mr. Freddie Pissig n18? Meadowbc,d Llrive Aspen, CO 81611 Mr. ,lc~hn k:elehPr Cr2U2 Meador+ood Drive Aspen, CO 81611 Mr. Staman Ugilvie G/O "fhe 6eralci P Hines Ir-,t. 2$UU Post Ci~4k blvd. Haiaston, 7X 77USb Aspen Walley Hr~spital U4U1 Gastle Creek: Read Rspen, CO $1611 attn; Mr 'fom L.aj:e Prince of Pear_e Chapel UUU7 CastlE Greek Road Aspen, Co 81611 tl ~a-~;a~~s ,,. ., _,<.., ~ ,.. ..<:> r..,~, cx.. .i,.bxrx .,.,lm%+~wr ~ wpa,n.~,:e"n-'1~,~n~;,:~yy~,~ _ ._... o clock M•• Recorded at__-.- • r ~- Reeention No.._-,,. CHID DEED, Made this g 8 g , between day W. MCCOMB DUNWOODY and SUSAN K. DUNWOODY_ ~f the County of P ltkln and State of Colorado, of the first part, and CHUCK FRIAS and MARILYN FRIAS ..~.~ Irv; ,, ~ a ~; '-0' Recorder. /:' County of P ltk].ri and State of Colorado, of the second part: of the W ITN ESSETH, that the said partle S of the £rst part, for and in consideration of thesum of •~$~kl~ Ten and other valuable consideration to the said part leSot the first part in hand paid by the said parties of the second part, tpe receipt whereof is' hereby confessed and acknowledged,haVe granted, bargained, sold and conveyed, and by these resents do grant, bargain, sell, convey and confirm unto the said parties of the second Part, their heirs and of land, situate, not in tenancy in common,.but in joint tenancy, all the following described lot or parcel Sti ~~ Countyof Pitkin and State of Colorado,tow lying and being in the Z T COLORADO exce t, o~g~ n g n t', 3;TthenceMSouOth O78be11301nEasOtNahd>stancerof.6m~Ot£eetnto aopolint on the North line of Lot 3; thence South 41 ~8 30 I7est a distance of 54.0'feet to a point on the easterly rght`of waV of, t along the arc of ~ curve to the left having a radius of 206 fee. C4.0 feet) to the point of 18aa1w30d PF7est taendistance foff (the chord of which hears North' o ~ n beginning. SUEJRCT TO THE FOLLOWINGc ~ United States Patent reservations of record. instrumenterecordede7uly 75at1956oin Book17.2.21atePage y~$erved inl Terms, conditions of Contract for V?a ter Service between Meadowood, Inc., and the City of Aspen recorded January 28, 1965', in Aook 218 at Page 367, and of F.epayment Agreement' between the, said parties recorded January 28, 1966 in Aook ?.18 at Paae 39~. ~i Terms, conditions and obligat>ons as set forth in Articles of Incorporation of Meadowood Home Owners Assoc>.et>.ori recorded,,, September 16, 1965 in Eook 2~§` ~ a't"""Page 3~`3, and Amendments thereto recorded Octoher 1, 1965 >_n Book 215 at Page 598, A.ugust~ 26, 1966 in Book 222•at Page 30b and October 14, 1971 in Book 258 at Page 595. Restrictions, which do not contain a for ¢eiture or reverter] clause, but omitting restrictions, if. any, based `on race', color, religion or national or>_ in contained >n instrurent p .g• g ,,recorded' Se tember 16, 1965 in Look 215'at Pa a 'I86 and Pmendinent`thereto 1971 a,n Book 258 at Page 437 k 222 at Page 28II and October 8, recorded Au ust 26, 1966 >n Aooand Secorid~"Amendipent tc Protect`iva' Covenants recorded January 15, '1988 in Aook 555 at Page 63. ~~:~ ~ ~ ~ ~ ~ . Meadowood Home Owners Association P.O. Box 8774 Aspen, Colorado 81612 November 1, 1990 Pitkin Co. Planning & Zoning Commission 130 $, Galena Aspen, Colorado 81611 Ladies and Gentleman:. After extensive discussion at the Owners Meetin o e Meadowood Home Owners Association, it has been determined tha have no objection to your issuance cited at1100eMea~owoo`d Drit we • hn 2 to ck Frias, owner of Lot 3, Fi q , ve, Meadowood Subdivision, to erect an attached garage as de~picfecl in his submssion_,as brought before you. i Sincerely,, Tad N. Lathrop President _. _, N _.,.., .ems, ,,;~ _ .w, :; ~~w _.~ ~ ~ w,~..~ ~.,.a . ,. ,. ~~~~ ~ w- Mr. Freddie Etissig p189 Meadawoad Drive aspen, CO 81611 Qctober 4, 1991 Dear Sirs? I Iive oh the west side of Marilyn and Chuck Fri as in Meadowapd. I know c+f snd approve of their plan tp add a garage to the narth'sicie of their house. ~+p rd setb~acknandsaurdnei~ghbarsshavea~e ravedethisach lntp the west ya Please call me if yrna have any questions. Sincerely~~ Freddie Pissig ~e ..y~~p "~:. d Mr. William Rall Ror, 439vCt Aspen, CO 81b17 October 4, lh'91 Dear Sirsi I live on the south side c5f Marilyn and GhucS: Fri as in Meadowgod. I im ow of and approve of their plan to add a garage to the north side of tF-~ei r house. 1 understand that this garage will encroach intq the west yard setbacb: and pur neighbor=. have approved this. Flea=e call ITie if yeu have any q~.iestions. Sincerely, i~/~G - G Williors Roll . ._ .. ~, __ t ~, ~_ ~. °° October 28, 1991 Pitkin County Board of Adjustments, C/0 Pitkin couhty Plahning Office' 130 S. Galena""""" "" Aspen Cb. 816,11 Dear Board of Adjustments., Aspen valley Hospital, as. an adjoining neighbor of Chuck and Marilyn Frias, has no objection to their. regtaest for a set back variance on their west side. .... . w.,_ _, Si~/~re~l-y, Tom ake Assistant Administrator, Support Services _ , •z8gz-a99r. A Picture °~ f~~th at 100 _y _ ._._ .., ..., ,, r_..k a, n ~. ~ REKERFlAt X00125 ...:-63940-Td5 '00123 -63340-i90 00115 -63340-7b3 CONSENT AGENDA'"ITEIUS County 00113 -83160-126 GMP/GENERAL ~' -63170-127 GMP/DETAILED - -63180-126 GMP%fINAL ~~ ~ ' -63190-t29~ ~$~U'~~ERAL' ~ . , x3200-130 SUH~DETAILEQ -63210-131 §U67FINAL _.. _:.. _... -`.. -63220-132 ALL 2-STEP APPLICATIONS '63234-133 ALL 1-STEP APPLICATIONS CONSENT AGENDAITE'MS' ~ -63450-146 BOARD OF Ab,JUS'TMENT ,,,,~~- REFERRAL FEES: 00125 X3340-205 ENVIRONMENTAL HEALTH ~ ~ ~` 00123 -63340-190 HOUSING 00113 -69360-143 ENGINEEI?ING ~ ~ ~'- ~~' <j PLANNINGOFfICE~SACES' 00113 -6°30'90=122 _~.. CITYYC'OU~t37Y ~0`D~ °... ."- ~" . '."'. ~.,' ... .... .I +:. - ~ ; -63090-123 COMP.`PLAN ~ ~ ~"1 -63140-124 COPY FEES - ~- E 069000-145 OTHER # ~' - - - SUBTOTAL ~ - - .~~~ >, ~ ~.:.. ~ ~ ~ DOTAL .. '!1 K R l ~ ~ I.. ... ;... ~ - .. ...A. ~ .. y .aF`.a .m .q..&.d' ., lid F v..- !: "~.: awn il, I wlu~ _3,.- x ~:. ~. ~ y 4P' r ET. r ~~`,. ,~, county of Pitkin State of Colorado } AFFIDAVIT OF NOTICE BY } ss. POSTING OF A VARIANCE BEARING } BEFORE T8E PITKIN CODNTY BOARD OF ADJIIBTMENT The undersigned, being f first duly sworn, deposes and says as follows : ,~, I, ~~~c~ !~~ ~'`~ ~ , bein or g 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 w/as posted and visible continuously from the `~~ ~ day of L `~ C=-`~a d3~n--.~. 19 `:>j~ to the ~ T '-r`~ day of ~'~''1 ~.L-~---- , 19~. (Must be posted for at least nine (9) full days before #,~"l~q d~-,t-~e'1": Subscribed and swornr~ to before me this ~~`day of rl `~~~'~~,~/1/1,~~ 19~, by ~~l.lL. ~ ~~- r"j lU..~F WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires • _ ~ -~ ~~ ' `~~ ~ rt.. _,. S338 ili°i/91 {JiJV Fi~c 9 «C, r Davis, Pitkin CntY Clerk:, Do66~.rG 570 RESOLUTION OF TAE FZ'1'1CIN COUNTY~~ COLOR7;D0 "` "' '' "A ' "`"'°' ` I BOARD OF ADJIISTMEN'T GRANTING SETBACTC Tt~7;~E~' FOR "CFL~K'`~~~``"~L~'"~RIA~~~' ` RESOLUTION NO. 91-54` WHEREAS, Chuck and Marilyn Frias, owners of a tract of land situated at Lot. 3, Filing 2, Meadowood Subdivision, requests a 12- 1/2 foot west side yard setback variance, where 15 feet is required in the R-30 zone district, for construction of a proposed attached residential garage; ahd WHEREAS, the subject property is within the unincorporated area of Pitkin County, Colorado. (as described in Exhibit "A", attached); and, WHET2EA5', 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) anii Colorado Revised Statutes, 1993 3'0-28-118(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 cf the Zoning Resolutions and the zoning maps. OW THEREFORE BE IT RESOLVED b the Boa nce for cons a2 proposed atta hed resi de ti al garaged obeAdgranttructiontof downzoning, as per the plans submitted (Exhibit ~~g~~~ ed due to WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. ... ,.~ .... .. ;!~ , ,. ~n+w ~.. t '.~.,o-. ,~3.,,.rw,,s fir .~.. ,-,.,. „^=.-+~u-awu ;~ ,. ry ^ ra i~'ha,..,,~$ --- - . #3'~97~1 11/Y1/91 15:6 free $.f_lll Ei}D`. 66$.tFSG 572 _Reebrder. ~_----- Silvia Davis, Fiin Cnty Clem:, ~. (~ THIS DEED, Made this day of ~ ~ ~ P ~ 19 $ 9 .between W. MCCOMB DUNWOODY and SUSAN K. DUNWOODY of the County of Pltkln and State of Colorado, of the [first part, and CHUCK FRIAS and MARILYN FRIAS otthe ;, ~ County of P ilk i.n and State of Colorado, of the second part: W ITNESSETH, that the said., partle S of the first part, for and in consideration of the sum of ~ ~O~bhlt3' Ten and other valuable consideration to the said part lE $ oC the first part in hand, paid by the said parties of the, second part, the receipt whereof is~ hereby contesse~t and' acknowledged, have granted liai•ga~ned, soldand conveyed, and by these presents do ~ grant, bargain. sell, convey and confirm unto,the said parties of the second part, their heir's and ~ la ~ situate; not in tenancy in commonbut in joint tenancy, sIl the folloging'desen'Sed lot or parcel lying and being in the County of P1tTC 111 and State of~Colorado, to wild LOT 3, MEADOYIOOD SUBDIVISION, FILING NO, 2, COLORADO, except, beginning at the northerly most 3; thence South 78°3I°30" £as't on the' North, _line of Lot '~ distance of 64.0 feet to a poi Meadowood Foad; thence 64.~26 fe left having a radius,of. 206 ,f'e 18°31'30" Flest a distance a ~: beginn'inq. SUEJECT TO THR FOLLOWING.,,, oh~'the easterly rign~ i along the arc of a ct '(the chord of which t 64 0 "` feet] to the United States Patent reservations of record. t? COUNTY' • r "o f. Lod. o a point '~~ "4Test` a: of 'wave o.f ve to the, ars North' point o'f Easement 5 feet in width along all lot lines as reserved inI instrument recorded .7uly 2S, 1966 in Book 2:2.2 at_,Page 2£28. Terms, conditions of Contract for 67ater Service between ~.w__.w ~.N~~ -~....- Meadowood, Inc., and the City of Aspen recoided~January 2g, `1965; in Eook 218 at Page 367, and of P.epayrlent Agreement between the; said parties recorded January 28, 1966 in Book 21E at Paae 390. Terms, conditions and obligations as set forth in,.Articles of Incorporation of !fleadowood Home Owners Association recordede, September 16, 1965 in Eook 21~K` a't" `Page 37~", and"Ameni3meri"t`"s thereto recorded October 1, 1965 in Book 215 at Page 598, A.uqust~ 26, 1966 in Book 222 at Page 300 and gctober 14, 1971 in Rook 258. at Page 595. F.estrictions, which do not contain a forfeiture or reverter; Septemberol6,na196sa1nrBooki215cattPage 386nandnPmendmentrthereto'' recorded August 26, 1966 in Book 222 at Page 288 and October R, 1971 in Book 258 at Page 4?7 and Second Amendment_te Protective Covenants reirt~rded January 15, 1988 in~ROOk~~`555 at•~Page `6'~3.' "~~ ~'~~~~~~ Minutes Pitkin Couttty Board of Adjustment November 5, 1991 Members Present: Kandi shaffran, Chairman Evan Gull "" Stan Mathis Rod Dyer John Wheeler Members Absent;, Staff :, Ted Guy Rick Neiley Joanna,_Schaffner, Zoning Enforcement Officer Shaffran opened the meeting at 5:20 p.m. and introduced the Board to those present. L0.YG 0.334 3~4 {.13 11411 FlG1G LJy GiD Gll l., IIY1 LL1 LG1.IL G.7 6111..0.1..1 VG L111.110.G1 Manchester, to request a 26 foot rear yard setback variance, where 50 feet is required in the Rs-20 '2o~fe'distrct, for construction of a proposed single-family residence. ter stated that they were in front of the Board previously MnnMarch of 1990 to request a variance to save three large spruce trees.°` After this original variance request was granted, they found that the orientation of the building did not maximize the use of those trees and wanted to slide the proposed singhe=family residence back to utilize the trees to hide this home. There was no public comment and all the adjacent property owners have submitted letters into the file. approving this request. This change has made the proposed residence less visible. After further discussion, Gull moved to grant a 20 footr""ear `y'ard setback variance, where 50 feet is required in the RS-20 zone district, due to exceptional characteristics of the lot. Mathis seconded the motion and all were in favor. ~a~c ~y~-~4, rrlas Marilyn ~ cnucx t,oc s riling L rteaaowooa Chuck and Marilyn Frias were present to request a 12-1J2 foot west side yard setback variance, where 15 feet is required in the R-30 zone district, for construction of a proposed residential garage. Paul Patterson, president of the Meadowood~Hbmeowners association, was also present. Frias explained his existing house is attached to an historic cabin which predates the subdivision's lot lines, Therefore, his house already` lies within the setback. He noted, however, that an 1 - - ---__ . .,,,, .. ~:,,. r ,,.,Axe