HomeMy WebLinkAboutpitkin.boa.91.57PITKIN COi1NTY
BOARD OF ADJtT8T~1E'NT"
DATE November 11 1991 CASE ~ _(
Catherine H McMahon
APPLICANT @arfiPld & Heoh P PHONE 925-1936
MAILING ADDRESS 601' E `~1Tyman Avenue Aspen Colorado 81611
OWNER Franklin L. and 9ndrea D. Stroud PHONE 925-8166
MAILING ADDRESS"c/o
3
aspen, CO
,...
LOCATION OF PROPERTY Lot 37, Ridge of Red Mountain
_. .... ,.: , ,... ~ ., ., t .
Any pertinent-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.
GARFIELD & HECHT"P.C.
Applicant Signature By:
_r
(To be completed by the 2oninq 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:
Requesting: R-30 Zone District
32 877 Lot Size
*18.4 ~ s4 -met
Front Yard Setback Variance where 30 ~
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: *Reguest is for and setbacks as necessary to accomodate house as
constructed.
~. ,
Zoning Official
Application filed I ~i Parce ID No. a~j
~ -n~-]II
Date of Meeting ~ ~'
Notices Mailed / ~ Secretary j.i
Refer Resolution to Building Department ~ i i'-',
i_~ Yes ~_i No
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NOTICE OF PUBLIC NEARING TO ADJACENT PROPERTY OWNERS
BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT
FFECTED BY THE REQUESTED ZONING OR USE
VARIANCE DESCRIBED BELOW A'
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 Off THE HEARING AND OF THE REQUESTED VARIANCE ARE
AS FOLLOWS:
Date and time of meeting: December 3, 1991 at 5:15 p.m.
City Hall, 1st Floor Council Chambers
Owner: Franklin & Andrea Stroud
Name and Address of
Applicant: Catherine. H. McMahon
c/o Garfield & Hecht
601 E. Hyman, Aspen, CO
Property Location or
Description: Lot 37, Ridge of Red Mountain
Requesting approval for an
where 30 feet is required 18.4 foot front yard setback variance,
in R
-30 zone district, for approval to
bring an existing single-family reside
c
i
t
n
e
n
o compliance.
VARIANCES GREATER OR LES S TNAN REgIIESTED COULD BE GRANTED.
Duration of Variance: Temporary Permanent X
THE PI IN COUNTY BOARD OF ADJUSTMENT
Cindy L. ristensen, Secretary
a'~z .,~, t, den;
ATTORNEYS AT LAW
RONALD GARFIELD*
HT**
VICTORIAN SQUARE BUILDING
ANDREW V. HEC
ROBERT E. ICENDIG 601 EAST HYMAN AVENUE
MICHAEL J. HERRON***
~
_
~' ASPEN, COLORADO 81611
JANE ELLEN HAMILTON
CATHERINE H. McMAHON****
•elso admiral w
New York Bar
••elso admirwd w
Ulvrrim or cnlumma Bar _ November 11, 1991
+•+also admired w
Florida Bar
••also admiral w
•
Illimis Bar
Pitkin County Board of Adjustment
Aspen/Pitkin Planning Office
130 South Galena
Aspen, Colorado 81 611
Re: Stroud Variance Application
Dear Board Members:
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
The Applicant_ seeks a variance for yard setbacks as they
presently exist on the subject property. A vicinity map, with
directions to the property, is attached hereto as Exhibit "A".
The existing three-story single-family frame house was
constructed on Lot 37, Ridge of Red Mountain, in 1978. The
applicable zoning is R-30, requiring a 30 foot front yard setback,
15 foot side yard setbacks., and a 20 foot rear yard setback. The
side and rear yard setbacks are in compliance, but the front yard
setback is 18.4 feet rather than the required 30 feet.
A site visit to the ,property did not reveal any overhangs,
patios, decks, steps or other encroachments not indicated on the
survey, a copy of which is attached as Exhibit "$". Tkne zoning
department advises Applicant, however, to`obta'in variance approval
of all setbacks as they exist and have existed since 1978, as
pp g
footsfront yards setbacklas showntonsthe survey solely to the 18.4
The obvious hardship to Applicant by reason of the setback
violation is that it 3.s an existing condition over which neither
the Applicant nor the prospective purchaser of the property has any
control. Moreover, the uncertainty as to what might be required of
the property owner by a future governmental authority also imposes
a hardship on all prospective owners. This precise issue has
recently been raised by a potential lender of the contract
purchaser. To preclude any potential problems that may arise, the
setbacks as they exist should be legitimized.
ag,e y~,~a:r
PITKIN COUNTY TITLE, Inc.
Title Insurance Company
Vincent J. Higens , 601 E. Hopkins, Aspen, Colorado 8161,1__..
President (303) 925-1766 • (303) 925-6527 FAX
ADJACENT OWNER'S STATEMENT.
Christina M. Davis
... ..
Vice piesident"
Pit kin County Title, Inc., a duly licensed Title Insurance Agent in the State. of
Colorado hereby certifies the following list is a current list of adjacent property
owner's of Lot 37, The Ridge of Red Mountain, as obfaned from the mo$t current Ptkin_
County Assessors Tax Rolls.
NAMES AND ADRESSES BRIEF LEGAL DESCRIPTION
Ei... „_
PLEASE REFER TO LIST ATTACHED HERETO AND MADE A ,PART HEREgF
AUTHORIZED SIGNATURE
_~
GARFIELD & tIEGHT, P.G.
Pitkin County Board of Adjustment
November ll, 1991
Page 2
Accordingly, the_ Applicant respectively requests that the
Board annrove his variance request. A list of all adjacent
~`~Xlf-/~3/T ttG' n
PITKIN COUNTY TITLE, Inc.
Title Insurance Company
Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611
President (303) 825-1766 • (303) 925-6527 FAX
ADJACENT OWNER'S STATEMENT
Christina M. Davis
Vice President
Pit kin County Title, Inc., a duly licensed Title Insurance Agent in the State of
Colorado hereby certifies the fallowing list is a current list of adjacent property
owner's of Lot 37, The Ridge of Red Mountain, as obtained from the most current Pitkin
County Assessors Tax Ralls.
NAMES AND ADRE$SES BRIEF LEGAL DESCRIPTION
PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF.
AUTHORIZED SIGNATURE
d x;';~d Uzi ~r~ ~ ,
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FREDERIC H. MAYERSON 10T S, RIDGE OF REp
MTN. REPEAT 2
7585 RIDGE ROAD
CINCINNATI OH 45237
GASTON D. AND ELEANOR ALCIATORE LOT 3, RIDGE OF
.. RED
MIN. REPEAT 2
590 LAKEVIEW
BIRMINGHAM, MI 48009
JAMES A. AND ANN D. GOODMAN LOT 6, RIDGE OF RED
MIN. REPLA'f 2
540 LINCOLN AVENUE
GLEN COE IL 60022
KENNETH H. GUTNER LOT 9, RIDGE OF REO
MTN. REPEAT 2
4505 LINDENWOOD LANE
NORTHBROOK' IL 60062.
MARIA'LUISA GARZA DE LA MORA lOT 4, RIDGE OF RED
MTN. REPEAT 2
HELIOTROPOS N0. 242
TORREON, C'OAHUILA MEXICO
SALVADOR VALENCIA AND LOT 1, RIDGE OF RED
GENOVEVA GARZA DE VALENCIA MTN. REPEAT 2
HELIOTROPOS 270
TORREON, COAH MEXICO
WILLIAM A. & DEBORAH S. MONTGOMERY RESIDENTIAL LOT 27,
AS TRUSTEES OF MONTGOMERY TRUSTS RIDGE OF REp MIN.
341 RIDGE `AVENUE
WINNE7KA IL 50093
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SCAEDpLE'A
PROPERTY DESCRIPTION
DRAER NO: ODD.L8556C4
"" PARCEL A:
xeszdential Lot 37, THE RIDGE OF RED MOUNTAIN, acoording to the
,plat thereof recorded in Plat book 3 at Page 333,
PAfiCEL B:
An easement and night of way for the purpose of i»grNSS and
egress over and across that;,portion of Lot 3, Ridge of Red
blauntairt Replat.Np. 2 described in Book 332 at Page 184, as
follows:
'~ Beginning at a~paint an the westerly boundary line of Lat 5
Ridge of Red Mountain Replat No, 2 whence the 1Vorthwesterly
• '~ g 2 s 4.1 'seconds
corner of sand Lot 5 bears N. 3., de rees 9 minute` ...,
°, W. 13.90 feet; thence S. 86 degrees 2I minutes Od secand.g E.
28.60 feet; thence 7.85 feet along the arc of a curve to the
--left to the Wes~tez'1y edge of Nighthawk Dr. as now constructed
and in place ,haying a radius of 5.00 i=eet the ehord_of which
bears N. 48 degrees 39 minutes 00 segands E. 7 07 feet; thence
- - g g .~~ a curve to'
27.57 feet alon said Westerly ed a and the at~c of~~•~
the left, having a radius of"43.38 feet the chard of which bear:
S. 02 degrees 44 minutes 27 seconds E. 27.10`t'eet;"thence .t 7.6fi
feet along the ,arc of a curve to the Left having a z'adi'us"of
20.00 feet the chard of which bears N,rv35•degrees 45 minutes 46
- seconds W. .15.45 feet; thence N 86 degrees 2Z minutes Rb
` seconds W. 9.50 feet to the point of intersection with the
- Westerly boundary line of said Lot 5; thence N. 32 degrees 29
minutes 4Z seconds W. 22.38 feet along sait7 We"aterTy boundary
line to the point of beginning.
County of Pitki;h, State of Colorado.
C
O UARAN$Y Cp14pANY
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The foregoing POWER OF ATTORNEY was acknowledged and sworn to
.. .....
before me, this ~-3 day of October, 19<37., by ANb12EA 17. S2'R0670.
My commission expires: L~'tG"~9y
Witness my hand and official seal.
,~-~
Not<-~ c
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RONALD GARFIELD*
ANDREW V. HECHT•*
ROBERT E. KENDIG
MICHAEL 1. HERRON***
JANE ELLEN HAMILTON
CATHERINE H.' McMAHON****
*also admitted ro
New York Har
"*also admitted w
Disvict of Columbia Bar
**also admirted to
Florida Bet
***"also admired to
Illinoia Bar
'lL ~llllll ~lle llelll' ~T Lll~`V llll ~, ~e ~e
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMANAVENUE
ASPEN, COLORADO 81611
November 22, 1991
~&iop'11k'la
Aspen/Pitkin Planning Office
136 South Galena
Aspen, Colorado 81611
Attention: Joanna F. Schaffner
Re: Stroud Variance Application
Dear Joanna:
~~ TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
NOV22`
Enclosed is the owners' letter of authorization in connection
with the above-referenced application, which authorization should
complete the application requirements. Unless I hear from you to
the contrary, I will assume that we are on schedule for Tuesday,
December 3, 1991 before the Board of Adjustment.
Thank you.
Sincerely yours,
GARFI LD & HECHT, P.C.
Cat Brine H. Mc ahon~
CHM/bc
Enclosure
P.S. Also enclosed are eight copies of revised Exhibit "A" to the application.
Please note that the subject property is the second driveway on the left
on Nighthawk. ""~~
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no~_
LAW OFFICES
BROOKE A. PETERSON
A PROFESSIONAL CORPORATION
37 5 EAST HYMAN AV ENU E
ASPEN, COLORADO 87671
13031 9 2 5-8166
T ELEFA X:13031 9 2 57090
November 21, 1991
Pitkin County Board of Adjustment
506 E'. Main Street
Aspen, CO 81611
Re. Stroud Variance A lication Pitkin Count Board of Ad~ustmen
LP / _ ~__ .~~,._.. ... ,.. ~ .. ,.~,, ....t-
Dear Sirs,
Please allow this letter to serve as authorization on ,behalf
w. ,.
of my clients, Franklin L. Stroud and Andrea D._ Stroud, for
Catherine H. McMahon of Garfield and Hecht to represent them. with
respect to the Stroud Variance. Application, previously submitted to
you.
This authorization is given pursuant to my Power of Attorney
from the Strouds, a copy of which is enclosed and the Strouds'
verbal authorization.
Should you need any further information, please do not
hesitate to contact me.
Very truly yours,
By:
cc: Franklin and Andrea Stroud
PE ON, P. C.
fess o 1 Co oration
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT WE, FRANKLIN L. STROCID
AND ANDREA D. STROUD, whose address is 3121 O Street, N,W.,
Washington, D.C 20007, reposing special trust and confidence in
BROOKE A: PETERSON bf Aspen, Colorado, hereinafter sometimes
referred to as "Attorney-in-Fact,„ do hereby make, constitute and"
appoint said BROOKE A. T~ETER5bN as our true anil lawful A~~'orney-in-
Fact 3n our name . , ._, , .,. „,„ _. _ _..,...
place and stead, for else ~olrowing purposes:
To execute any and all documents necessary to sell, transfer,
convey and grant the following propertya
See Exhibit "A" attached hereto and made a part hereof by
this reference.
County of Pitkin, state of Colorado
and to execute all deeds, settlement statements, escrow agreements
regarding improvements thereto, or othex ns~.ruments necessary or
proper for conveying the same, and to receive any monies from the
sale thereof in the form of cash, certified Puncis or other required
for in respect thereof.
Further, we hereby warrant the said authority granted above
and ratify and confirm all that our Attorney-in-Fact shall do or
cause to be done.
IN W~iTNEBS WHEREOF, We have hereunto sat our hands and~sea~
this ~.3 ,day of October, 199'
='OF
The foregoing POWER OF ATTORNEY was acknowledged and sword to
before me this L~• day of Ootobex , 1991., by F~2ANYCLIN 'I '52}~OUD.
My commission
Witness my han
~. $ c ` k R ~ : ~-~ -r-..
.,r
~d ~llll ~~L.a lln 1LY ~ llllll.a ~llll ll y ll o iJo
RONALD GARFIELD* ATTORNEYS AT LAW
ANDREW V. HECHT**
VICTORIAN SQUARE BUILDING TELEPHONE
ROBERT E. KENDIG (303) 925-1936
MICHAEL 7. HERRON*** 601 EAST HYMAN AVENUE TELECOPIER
(303) 925-3008
ASPEN, COLORADO 81611
JANE ELLEN HAMILTON '
CATHERINE H. McMAHON****
*also aamitma m
New York Bar
*alw admlttedro
* District of Columbia Bar November 11, 1991
***also admi~ted to
Florida Bar
* *aLO admirzed to
Illinois Bar
Aspen/Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
Attention: Joanna F. Schaffner
Re: Stroud Variance Application
Dear Joanna:
Enclosed are eight copies of the above-referenced variance
application, together with a check in the amount of $25.00 to cover
the application fee and the stamped envelopes addressed to all
adjacent property owners. It is my understanding that the deadline
for the December 3, 1991 Board of Adjustment meeting has been met
by filing today.
The Application package is complete except for the letter of
authorization from the owner, Franklin L. and Andrea D. Stroud.
That will be submitted to your office upon my receipt of it.
Should you have any questions or need anything further, please
feel free to call me.
Sincerely yours,
GARFIELD & HECHT, P.C.
Catherine H. McMahon
CHM/bc
Enclosures
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oorxs -633ao-gas "
00123 "~~° -63340-190
00115 _ ~ -63340 i63
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ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING ~ `
SUBTOTAL
~- County
001"13 63160126 GMP/GENERAL
~ _
70-127
1 GM~lBETAIL"Eb' ~' ~ _
- 80-128
-63
1 GMP/FINAL _
E~ -63190-729 SUB/GENERAL
b- -63200-130 SUB/DETAILED
-63210-131 SUB/FINAL '
~.:. -63220-132 ALl 2-STEP APPLICATIONS
-63230-133 ALL i-STEP APPLIQATIONS
-
K _ CONSENYAGENDATTEMS "` ~
-_
I -63450 146 - ~ % BOARDOF ADJUSTMENT <--~
~~ REFERRAY FEES.
r= 00125 -63340-205 HEALTH
ENVIRONMENTAL
r 00123 -63340-190 _
HOUSING
~: 00173 -63360-143 ENGI'tJEERING.
K
PLANNING OFFICE SALES
~, OON3 -63080-122 CITY/COUNTY CODE
- -63090-123 COMP. PLAN
-63740-124 COPY FEES
~
~. -69000-145 OTHER {~
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SUBTOTAL ~i
~; TOTAL '~ J
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,,oaf. "3~1'?~ r,
County of Pitkin } AFFIDAVIT OF NOTICE BY `~ ~~"
} ss. POSTING OF A VARIANCE HEARING ,,; z,.
State of Colorado } BEFORE THE PITKIN COIINTY
BOARD OF ADJIISTMENT
The undersigned, being first duly sworn, deposes and says as
follows : ~:
I, Catherine H McMahon , being or
representing an Applicant before the Pitkin County Soard 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
22nd day of November ~ 19 91 ~ to the 3rd
day of December 19 91 (Must be gosted for
at l east nine (9) Ball days before the hearing date).
~''' a
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Applicant's Signature
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Subscribed and swo
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WITNESS MY HP,ND AND OFFICIAL SEAL.
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#339448 12j'41 ib ~b Fec ~ q0 BY. 664'x''+ 401
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-- '~ Silvia Davs4 P'itGan Cnty G~1er~k, Doc ~• ~~-
RESOLVTION OF THE PITRIN COUNTY, COLORADO
,~,.a~r~ .. ~ ..._
BOARD OF ADJIISTMENT
GRANTING SETBACK RELIEF FOR FRANKLIN 8 ANDREA STROIID
RESOLUTION NO. 91-57
WHEREAS, Franklin and Andrea Stroud, owners of a tract of land
situated at Lot 37, Ridge of Red Mountain, requests an ].8.4 foot
front yard setback variance, where 30 feet is required in the R-
30 zone district, to bring an existing single-family residence into
compliance; 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„poweY 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.
NOW, THEREFORE, BE I.T RESOLVED. by the Board of Adjustment, that an
18.4 foot front. yard setback variance be granted to bring an
existing single-family residence into compliance, due to
topographical hardships and as the encroachment is shown on the
improvement survey submitted (Exhibit,"B'!).
WARNING: Any violation of the terms of_this,resolution may
result in rehearing and possible revdcation. s,
1.:' .. r.rv.. a ...n.x .~n .. m". .'. J via:i neL .1L b.: V:r .. to . ": a ..e ..".4:.tid
#39448 1^"'1/91 i6:^~3 fiec ~.U~? BK 6i`~'*FG 402 ^`'
Silvia Da..s, Fitkin Cnty Clerf, Doc m. Ctti
Resolution No. 91-~~
Page 2
The Resolution was adopted by vote of the Board of Adjustment of
the County of Pitkin, State of Colorado.
DATED: December 3, 1991
The Board of Adjustment
of Pitkin County, Colorado
ATTEST:
~~ ~
~vti
Cindy Christensen,.
ecretary
Evan Gull,
Acting Chairman
x< ,,
SCHEDULE 'A ~"
~? '.
.PROPERTY DE$CRIPTXON
ORDER NO: 0001855604.,
' "' PARCEL A:
' Residential Lot 37, TAE RIDGE OF RED MODNTAXN, according to the
.. ,~ _.
,plat thereof recorded' in Plat l~ic+ok 3 at Page 333,
PAI:CEL B:
An easement and.xight of way far the purpose of ingress and
egress over and across that po
dlountain Re la t:. NO. 2 describertion of Lot 5, Ridge of Red
P d in Book 332 at Page 184, as
follows: •
...
' Beginning at a•point 6n the Westerly boundary Ii»e of Lot 5
Ridge of Red Mountain I?epIat No. 2 whence the Northwesterly
corner of said Lot 5 bears N. 32 degrees 29 minutes 41 seconds
W. 13.90 feet; thence S. 86 degrees 21 minutes 00 seconds E.
' `-_ 28.60 feet; thence 7.85'feet"along the arc of a curve, to the'
--1eft to the Westerly edge of Nighthawk Dr. as now constructed.
. ._
and in place having a radius of 5.00 ,feet the
bears N. 48 degrees 39 minutes 00 seconds E.
27.57 feet along said Westerly edge ~and'tlie"a
_= the Left, having a radius of 43.38 ,feet the <
S. 02 degrees 44 minutes 27 seconds L. 27 10"
feet along the .arc of a curve to the left $a~
10.00 feet the chord of wh2ch bears N'~~5"'d~e5
:seconds W. 15.45 feet; thence N ~6m~egrees
seconds W. 9.50 feet to the, point of nterset
• Westerly boundary 1%ne of acid Lot 5; thence
minutes 41 seconds W. 12.38 feet along said'i
line to the point of beginning'.
Cou»ty of Pitkir:, State of Colorado.
#3~9n48 1~/id/91 1b:~~: ftec $•'?~` E3F' 664 F'G 403...
Sitvia Davis, f-'it4:in linty C?:erk, Dac '~.~~~?
ih bears '
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of
ices 46
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Minutes
Pitkin County
Board of Adjustment
December 3, 1991
Members Present: Evan Gull, Acting Chairman Rod Dyer
.,.
Stan Mathis John Wheeler
Ted Guy Rick ~eiley
Members Absent: Kandi Shaffran
Staff: Jaanna,Schaffrier, Zoning Enforcement Officer
Gull opened the meeting at 5:17 p.m. and introduced the Board to _..___.
those present. :°'
The minutes of the November`5, 1991, were approved as written.
case #91-52 J L Hardee ~,oh .88 °"starwoc5d 'i~`~' . " ~ ~,.°~
Lee Pardee was' present to request a 10 foot rear yard setback
variance, where 30 feet isVrequired in the AF-1 zone district, to
bring an existing single-family residence into compliance.
Pardee stated that the survepoY ''"spot£ed 't'ie ""propel
~believedthat the setbacks~tiiere 20 feet and~2b~feet
was located in the middle of the lot: `"Then t~was di
the setback for the rear yard is 30"feet.`"Pardee brE
on the o-. ~ ... n ,.
previous req~Yest for a from yard setback'"vara
granted. Pardee has also received approval from
Homeowners Association.
,. .. __ ,
Gull asked for public comment and there was none.
...: <.: _
lines and
the house
After further discussion, Mathis moved to grant a 10 foot rear yard
setback variance, as is shown on the plans su~bmitted;mwhere 3U feet
is required in the AF-1 zone district, due to downzoning. Dyer
seconded the motion and all were in favor. Neiley did not vote on
this case. Motion passed.
_~~_ _~-~~ .vililam n, snirle Laz Glen S ace 36
william'Shirley was present to request an 8 foot rear'`yard setback
variance and an 8=1/2 foot side yard setback variance, where 10
feet is required for both in the SR„zone district, to bring a shed
built without a permit"into compliance.
Shirley briefed the Board as to when the shed was first built. The
shed was falling down so Shirley renovated the shed. There had
been a complaint made to the Building Department on this shed, and
it was red tagged.
1
There was no public comment. Schaffner stated that she spoke with
the president of the Homeowner's Association and they approve this
variance request.
After further discussion, Guy made a motion to grant an 8 foot rear
yard. setback variance and an 8-1/2 foot side yard setback variance,
where l0 feet is required, to bring this existing shed into
compliance, due to nonconforming lot size and as per the plans
submitted. Mathis seconded the motion and all were iri favor.
Neiley did not vote on this case. Motion passed.
--- --
Katie McMahon was present representing the Stroud to reques an
18.4 foot front yard setback variance, where 30 feet is required
in the R-30 zone district, to bring an existing single-family
residence into compliance.. _ _ ... _..__..__. _ _
McMahon stated that this is a very steep lot. Schaffner stated
that a setback variance is really not needed, but the attorney
representing the Stroud's wants the house to be brought-into
compliance. A search of the Building Department file gives no
indication as to why the house was permitted within the setbacks.
There was no public comment on this case.
After further discussion, Guy moved to grant an 18.4 foot front
yard setback variance, where 30 feet is required, due to
topographical hardship and per the encroachment shown on the
improvement survey, to bring an existing single-family residence
into compliance. Neiley seconded the motion and all were in favor.
Dyer did not vote on this case. Motion passed.
---
Ted Guy and Stan Mathis had to abstain from is case. i
Geller was present representing Laurie Crown to request a 43 foot
front yard setback variance, where 100 feet is required in the AE-
1 zone district, for construction of a proposed addition to a
single-family residence.
The applicant wishes to utilize previously granted variances for
projects which were never constructed. The applicant also wishes
to increase the height on a section of the house approved inside
the setback. It is for this additional .increase in development
(height) within the setback that a variance is being requested.
Neiley stated that he saw this as a downzoning issue and had no
problem with the request.
There was no public comment.
~~
,.- ..:
.
After further discussion, Dyer moved to grant a 43 foot front yard
setback variance, where 100 feet is required, for construction of
a proposed addition to a single family residence and per the plans
submitted, dife to~downzonirg. Neley seconded the motion and all
were in favor. Motion passed.
The meeting was adjourned at 6so5 p.m.
Respectfully submitted,
U /
Cindy L. hrstensen, Secr Evan Gull, Acting Chairman
3