HomeMy WebLinkAboutpitkin.boa.91.58- _ I..
PITRIN COIINTY,
BOARD OF ADJU'STI+IENT
HATE ~~(-r2'e.n~.Ge-~. ~J J ~~~ CASE # ~~ ~ ~~
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A?PLICANT ~ai.~~~e PHONE ~laS-G73J
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OWNER ~y/iw `1 ~ ax-a hum l~.~ Cry
MAILING ADDRESS
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LOCATION OF .PROPERTY ~6d` !)~-e-e~~%1- ~/2:tc¢ {moo? ~-97 e11~,~-c.~7~yao/ /!a
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.
Applicant Signature ~-~~~
(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:
~j-~ Zone District
Requesting: :~ ~ Lot Size
' Front Yard Setback Variance, where ~~ ~' 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:
Zoning Official
Application filed ~~~ Parcel ID
Date of Meeting
Notices Mailed ~-1 ;,ZI -~.~_ Secretary
Refer Resolution to Building Department
-'~``~ - 0 ! - ~
----~
~_~ Yes ~_~ No
NOTICE OF PUBLIC HEARING TO ADJACENT PROPERTY OWNERS
__
BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT
TO 'ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE
VARIANCE DESCRIBED BELOW:
Pursuant to Pitkn 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 Mews 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:
owner:
Name and Address of
Applicant:
December 3, 1991 at 5:15 p.m.
City Hall, 1st Floor Council Chambers
R. Geist
J.L. Pardee
Box 4153
Aspen, CO 81612
Property Location or Lot 88, Starwood 16
Description:
Requesting approval for a 10 foot rear yard setback variance,
where 30 feet is required in the AF-1 zone district for
approval to bring an existing single-family residence into
compliance.
VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANT~b.
Duration of,Variance: Temporary Permanent X
THE TKIN COUNTY BOARD ADJUSTMENT
Cindy L. Christensen, Secretary
q e, a~ ~!~~~ ~'^
5 M Geller Archi4eeCure +eo:"3 m~.~r*' ~ I 3039?S.Sd~1.t
November 11, 1991
Pitkin County Board of Adjustment
130 S, Galena Street_
Aspen, CO 81612
RE: Front Yard Setback.. Variance, Lot 97, Starwood 16
VARIANCE REQUEST:
The applicants request a front yard setback variance to
allow construction in accordance with the plans submitted.
HARDSHIP:
The existing dining room roof requires repair due to severe
leakage. Because the existing flat roof, which is 4.0'
below the existing adjacent roof accumulates snow excessively
where it meets the upper roof, we are proposing to raise the
lower roof 4.0' to meet the adjacent roof. This alteration is
demonstrated on the submitted plans.
The variance request applies to an existing structure the
footprint of which would not be changed due to the granting of
this request.
In addition, the house is on a non-conforming lot.
LOT INFORMATION:
Allowable Existina
Zoning AF-1
Front yard setback 100.0' 64.8'
Side yard setback 30.0' 67.2'
Rear yard setback 30.0' 43.7'
Height 28.0' 23.5'
VARIANCE INFORMATION:
Setback relief was granted June 5, 1989 as a 35.0' front yard
setback variance.
Setback relief was granted March 27, 1979 for a 50.0' front
yard setback variance.
Setback relief was granted May 10, 1976 for a 58.0' front yard
setback variance. ,
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Property Owners adjacent to:
202 Danielson Drive.
'Lot R-97
Starwood 16
R-72 - 0155 Danielson Drive „
Albert J. Gilson & Patricia Claire Gilson 4F
.:.
Box 12342
Aspen, CO 81612
R-73 - 0277 Danielson Drive
Robert C. & Nancy Magoon
Mt. Sinai Medical Center
• ;, r
Lowenstein Building
4300 Alton Road
Miami Beach, FL 33140
R-74 - 0280 Danielson Drive
John Malec
600 West Stlatford,Place
Chicago, IL 60603
R-93 - 0148 Danelson,Drve
Philip E. & Dorothy A. Kamins, as Trustees
of Kamins Family Trust
135 Copley Place
Beverly Hills, CA 90210
R-96 - 0314 Eppley Drive
Dave Price
P.O. Box 8849
Aspen, CO 81612
R-98 - 0498 Eppley Drive
r" sR B, S. ~Ys'6 kg
K. Rupert & Anna Maria Murdoch
2 East 88th Street ~1M5~1'~RTAi1~7 MESSA E
New York, NY 10128
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EXHIBIT A
Legal Description:
Starwood 16 Subdivision, Lot R-97
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November 11, 1991
pitkin County Board of Adjustment
130 S. Galena Street
Aspen, CO 81612
RE: Front Yard Setback Variance, Lot 97, Starwood 16
Dear Members of the Board:
Title to the above-referenced property is currently held by Mr.
Leonard Lansburgh. A letter from Mr. Lansburgh is attached in
accordance with your requirement that the owner acknowledge the
submittal of a variance request by an applicant that ie not the
owner.
On November 19, 1991, title to the. property will be transferred to
the current applicants, thus at the time of the Board's meeting on
Aecember 3, 1991 at which this request will be heard, the
applicants will be the current owners of the property.
Accordingly, the undersigned hereby acknowledges that 5 M Geller
Arch' ~ h
regardetouthissvariance arequest sentative for the applicants wit
Very truly yours,
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Laurie J. Crown
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I~itkifl cotintY ~amrd of Iut~usLxaasstt
*i3C gfautti pal}ew~a...
Ro: s8ar~ratp! Lot 97
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Dear D3eenbers a£ kA~e i~oag~:
Thy u.~dazai~7cted ?~.ex~by acnv~~al~dg8s that:
(1) nc 39 tka Curtant_~~~z of 2&s a~,sv~ r~f~zeztc~sd p:o~arty;
(2} he is ~susza cF t~® yaziaras regu~~t beicg suLTtattoci by
taus«e J. Czosast reiazi.g$ to tug above rx~ezea,ca~
property; atad
(3) 43e has tai ob~mcri~aa~a tv suc)s segv~st.
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EPTUAL .~
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00773 -63160-726 ~-
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•63780-728 ------------
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REFERRAL FEES:
00125 -63340-205 ENVIRONMENTAL HEALTH ~-
00123 -63340-190 HOUSWG ~--
00113 $3360-143 ENGINEERING ~-
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PLANNINGOFFICESALES ~ _.
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00113 -63086=122 CITY/COUNTY CODE
' -63090-123 COMP. PLAN -~-
.-63140-124 COPY FEES ~--
•69000-745 OTHER ~ -"'--'-----
SUBTOTAL '7T-
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TOTAL
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County of Pitkin } AFFIDAVIT OF NOTICE•BY
ss. POSTING OF A VARIANCE BEARING
State of Colorado } BEFORE THE PITKIN COUNTY
BOARD OF ADJUSTMENT
The undersigned, being first duly sworn, deposes and says as
follows:
I, ,~ Q.ur, e ~7. ~,2w,~} ~ , 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 a ~ ~.r day of ti~ ~~rn~-~~ ~~.:
19 ~
to the .~'=`i day of 5~~~ c.e~.~E~~. ~
19 ~~
(Must be posted for at least nine (9) full days before the
hearing date).
Applicant's Signature
Subscribe and sw rn to before me
this ~lG day of ~ ',r
19~, by :r'' .r ~~
""` WITNESS MY HAND AND OFFICIAL SEAL.
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My Commission expires:
Notary
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#33941^/12/91 i6:~1 Rec :C,r~f_°
`'"`' ~ Silvia"Davis, Fit4::in Cnty Cler{; LKF_. 64 F'G 405
Doc ~,n0
RESOLIITION OF THE PITRIN COIIZfTY; C0t;~I~ADO~ 'x ~"`" -~" -rw. ,,, '~"
BOARD. OF ADJIISTMENT
GRANTING SETB~CX 21EL~2E~` FOR t,A}ifR`I'E~' C~2'0'~T~_ ,~~`"~ ` "' ,. ' `;;- a , ., ..
.. ,.. _ .,
RESOLUTION`NO: 91"-~8
WHEREAS, Laurie Crown, owner of a tract of land situated at Lot
R-97, Starwgod 16, requests a 43 foot front yard setback variance, '
where 100 feet is required in the AF-i zone district, Por
construction of an addition to a single-family residence; and
WHEREAS, the subject property is within the unincorporated area of
Pitkin County, Colorado (as described in Exhibit "A", at't""'ache$j
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 (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 IT RESOLVED by the Board of Adjustment, that a
43 foot front yard setback variance be granted for a proposed
Y
encroachment is shown onl the plansce, due to downzoning and as the
submitted (Exhibit "B1°).
WARNING: Any violation of the terms of this resolution may
result in rehearing and possible revocation.
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#~~4,'~'~ 12/12/41 16:21 F;ec ~.cji~ >~..;664 F'6 406 ,,
Silvia Davis, F'itk:in Cnty Clerk, ,roc ~°i~"
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:
Cin L. Christensen,
Secretary
Evan Gull,
Acting Chairman
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Silvia Davis, F•i tk:in Cnty Cl er•k:, Doc ~o <tt~~
EXHIBIT A
Legai Description:
Starwood 16 Subdivision, Lot R-97
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` Minutes
Pitkin Couttty
Board of Adjustment _
December 3, 1991
Members Present: Stan NfathsACtng Chairman JohnDWheeler
' Ted Guy R1c'~ "$Teley '
Members Absent: Kandi Shaffran
Staff: Soanna'Schaffner, 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 ap'p'roved"as written:`
,,.,U..,., ~ ... ..,.....~~ ._„ .~. 4.
Case #9'1-52 "J`~ L `P'~"c~ee~ 7,ot"88 ~~Starwood` 16" "'
T.nn' Dw.Aow c.~-...:. ...s.:"ra+:.a a~'L~~~_~a :-.. r__- u ... 2.
brin ar~~existin sin le-f'"requred in the AF-1 zone district, to
variance where 3g0 feegt lsamily residence into compliance.`
Pardee stated that the surve or 's otted the "` "`" '
,.,~. ~~,,,~,, Y " p ,property lines and
~,,.,
believed that the setbacks were 20 feet and 20 feet, so the"house
was located in the mii~dle of the ~qt `~PY'en it'was~dscovered that '
the setback for"the rear"yard~3s s0""~ee~: ~`Par'~ee briefed tie Board
~,~. ,
on the revious re "' ""y' • """" ` "`
p quest for a front i~'ard setbaa"~C"'var,anrP mhi"rah ~a~
granted'.. Pardee has'also'""rece"ved a- `" °~"`"°"`'"`"`"""
pproval"ufrom' tkie S"`tarwood~'
Homeowners Association.
Gull asked for public comment and there was vane. `''
After further discussion, Alathis moved to grant a 10 `foot rear par3`
setback' variance, as is shown on the plans submitted, whe""re" ~`0 feet
yr.
_ ~~
is required in the AF-1 zone district, due "to`downz'oning. Dyer
seconded the motion and all were In favor. Neiley did not vote on
......,
this case. T+iotion passed. " ',
Case #91-55. William H Shirley Lazy Glen Space 36
Wi iam
Shirley was present to request an 8 foot rear yard setback
variance and an 8-1/2 foot `side yard setback"variance, where l0 `
feet is re fired for both in the S
built without a ermt into com 1 R zone district, to bring a shed
p ~ p fiance. - _. ;.
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
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~--,
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 10 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 in favor.
Neiley did not vote on this case. Motion passed.
Katie McMahon was present representing the Stroud~s to request 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 this case. Shira
Geller was present representing Laurie Crown to request a 43 foot
front yard setback variance, where 100 feet is required in the AF-
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.
,.:~
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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, due to downzoning. NeiTey seconded tte motion and all
were in favor. Motion passed.
The meeting was adjourned at 6:05 p.m.
Respectfully submitted,
Cindy T;. ristensen, Secretary
3
Evan Gull, Acting Chairman
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