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LOCATION OF PROPERTY
return this ap licpton if Pt goes not contain all the fac'
Applicant's descri, tioh of ro osed variance showing
Any pertinent d to ust accompany this application, and will be made part
this Case No. ~/-24m
The Board may
in question.
justification:
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Applicant Signature~^^r~--'+1, ~~_~-~
Provisions of the zoning resolution requiring the Building Inspector to
forward this application to the Board of Adjustmeht and rde.~ason for not
granting a buidin~g) peermit: Q ~O ~U~t~G~~ ~~
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NOTICE OF PUBLIC HEARING
BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING Oh: USE
VARIANCE DESCRIBED BELOW:
Pursuant to Pitkin County Resolution of June 5, 1955, as
amended, a Public Hearing wi7.1 be held in the County Commis-
sioners Room, 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 b y 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 vies by 'letter, particularly if you have objection to
such variance,' as the Boar d, of Adjustment will give serious
consideration to the opinions of surrounding property owners and
other 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: June 30, 1987 5:15 p.m.
Name and Address of Applicant for Variance:
Stefan Kaelin'
0561 Meadowood Drive
Aspen, CO 81611
Location of Property or Description:
0561 Meadawood Drive
Aspen, CO 81611
Variance Requested:
52 sq. ft. to the allowable floor area ratio
Duration of Variance: Permanent: XX :Temporary,
Condition:
THE PITKIN COUNTY BOARD OF"ADJUSTMENT
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Evan Gull, Chairman
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ADJACENT LANDOWNERS TO LOT 2,BLOCK 1, MEADOWdOD SUBDIVISION..
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ASPEN,C6:
PROPERTY LOCATED, AT 056 t MEADOWOOD DR _,...
_~... _ . ,_. M,......~., ... _., .....
OWNER: STE~PHAN KAELIN:
HEIK,O H, AND LOUISE KUNN
BOX 206
ASPEN, CO. 81612
SUE ROWAN PITTMAN
2225 DEVONSHIRE
HOUSTON, TEXAS 77019
CARL R. AND CATHERINE M,:BERGMAN
BOX 1365
ASPEN, CO. 81612
NIKLAUS G. AND ~ERTRUDE E. KUHN,
BOX 8016
ASPEN, CO.81612
JAMES R.HARRIS, JR. AND MARY ANN HARRIS...
4204 RIDGEHAVEN COURT
FORT WORTH, TEXAS 76116
JACQUELINE YELLIN
BOX 9127
ASPEN, CO. 81612
RUSSELL NAND ELSIE`P: WOROBEG
__ . _
1640 OAK R1DGE PLACE
WILLIAMSPDRT, PA. 17701
LESTER E: AND THELMA'W. ANDERSON
BOX 61
ASPEN, 60:81612
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iooo Noun Tno-a st.
Aspen, Colorado 81et1 U.S.A.
Aspen Institute for Humanistic Studies
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County Board of Ad)ustment
c/o Building Department (City & County)
506 East Main St.
Aspens CO 81611
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Aspen Instituee for Humandstic Studies
June 25, 1987
County Board of Adjustment
c/o Building Department (City & County)
506 East Main St.
Aspen, CO 81611
NarthThird SY. ~ '
en Colorado 81611 U.S.A.
925.7010
da: AspenGs4 Colorado
Re: Request for Variance - Lot 2, Block 1, Filing 1;
Meadowood Subdivision (Stefan and Anastasia Kaelin - owners);
June 30, 1987
Dear Board Members:
As a resident of the Meadowood Subdivision and a past Board Member
of the Meadowood Architectural Committee, I am concerned that if
the variance that Mr. Kaelin is requesting is allowed, it could
set a precedent. Z have no'objection to the design"of the 52 square-
foot entryway that Mr. Kaelin wishes to build; my concern is the
possible granting of a variance that would be setting a precedent
in the subdivision. ~ '
To my knowledge, no variances have been granted by the Meadowood
Architectural Committee or"the Pitk'in County Board of Adjustment
during the twenty years T have resided in the Meadowood Subdivision.
Is there an undue hardship on the part of Mr. Kaelin regarding his
request for a variance from the County? Please see paragraph
three (Variances), page three of the Protective Covenants of the
Meadowood subdivision (copy of page 3 attached).
I hope that the Board of Adjustment will review all the information,.
presented in this case and come to the conclusion that since there
is no undue hardship, that the variance should be denied.
Sincerely yours,
s~~~
A
King R. Woodward
KRW/ec
.Attachment
cc: Meadowood Homeowners Assoc.
Board of Directors
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of such work. In the event the. Architectural Committee fails to take
any action,withi 0 ays after complete architectural plans for such
•
work have been submitted_to it, then ali of such submitted architectural
plans shall be_deemed to be .approved. In the event the Architectural
Committee shall disapprove any architectural plans, the person or
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association submttin such architectural laps ma appeal the mate
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to the next annual or special meeting of the vembers of MEADO@100D ECIdE
OWNgRS ASSOCIATION, where a vote of at least two-thirds of the votes
entitled to be cast at said meeting shall be required to change the
,~.. . , ..
decision of the Architectural Committee.
•q~ 3. Variances. Where circumstances, such as topography, location
of property lines, location o: trees and brush, or other matters re-
...
quire, the Architectural Committee may, by a two-thirds vote, allow
reasonable variances as to any of the covenants contained in this in-
strument, on such terms and conditions as it shall require; provided
that no such variance., shall be finally allowed until 30 days after the
Architectural Committez shall, have mailed„a notice of such variance„to
each Member of MEADOZ•700~ HO;IH 04;\ERS ASaSOCiATIOV. In the event any
three Members shall notify the Architectural Coa~mittee•in writing of
their obJection to such variance within said 30-day period, the
variance shall not be allowed,_.until such„time as it shall have been
approved by a vote of at least two-thirds of the votes entitled to
,. ..: ,: ~.. r., .,.
be cast at ah annual or special meeting of the members of :~EADOWOOD
HOME OWNEr~S ASSOCIATIOY.
4. General Reeuirements. The Architectural Committee .shall
'exercise its best Judgment to see that all_improve:~ents, construction,
landscaping, and alterations on the. lands within Meaaowood conform
and harmonize with the natural surroundings and with existing structures
~ ,.
as to external design, materials, color siting, height, topography,
grade, and•finished ground elevation. The Architectural Co:.v,~ttee
shall protect the seclusion of each home site from other hom s::es
~_ .
insofar as' possible. •
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EHISTIN6 fiIiRRGE
ENISTIN6 HOUSE
7. O.~
RHFTEHS AAE 2Hi®Ul/FULI TNICK
FIBER6LRSS INSUL. ~Y6' .Oi;
PAOPRNEL 11 METAL HOOF"
TO MATCH EHISTIN6
PITCH WILL MATCH EHi'STIN6.
~ 10' 0" ------r
2. Q„
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40--
ROOF LINE OUEA ENTRY
WRLLS ARE 2H6 WITH FULL F'1BER6~ASS INSUL
SIDIN6IS iH6 T0•B SMOOTH CEOR~t
EHCEPT STONE"I~ENEER' FADE 0N'ERGA
SIDE OF 3'6" EHT. DOOR.
DRIUEWA4
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ENTRY PLAN
STEPHAN 1CAELhN
ENTRY ADOiT10N
0561 MEAD.OW60b OR.
SCRLEa /4"-i'
DY CURTIS D. CLEVELAND `
23 MAY,1987
Y TO OE HDDE'D
55SQ.`FT.` ._ :.
'LRGSTONE FLROR
OVER b"
CONC. SLRR /
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ERISTING'
GRRRGE WALL
GRRRGEI ODD ~I I~
3' 0" i 36' CONC.
1 ? FOUNDATION
1
a 10' 0" -
a- 4' 0" ---
SDUiR ElEU11TI~N
STEFAN KfiELIN
ENTRY ADDITION
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ERBSTIN6
ROUSE WRLL
DRIUEUIRY GRRDE
BY CURTIS D. CLEUELRND
23 MRY,1987
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EHISTING 6RRR6'E R011F LINE
ENISTIN6 NOUSE
ENISTIN6 ORI!lEWRY
ENTRY
EAST ELEURTIQIN
1 1 ' 2"
8. ~ 0„
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3'10"
1
GLRSSINSTRlLEO
o THIS LOCRTI'ON
FROM ENISTING
ENTRY
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X561 MEfiD~LU~1~~~DF~It~E eY cuRTrs o. CLEOl:[RND
23 MAY19O7 Qt?~a~'~3
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Melinda Pearson moved that the following be adopted:
HBFORfi THS BOARD 0'F ADJUSTMfiNT
OF THB COUNTY OF PIT'%IN
STATE OF COLORADO
RESOLUTION N0. 87-24
Stefan %aelin, 561 Meadowood Drive, Meadowoad Subdivision
WHEREAS, the subject property is within the unincorporated area
of Pitkin County, Colorado; 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 Us'e Code) and Colorado Revised
> C )~~C); and, ._ ., K..
Statutes 1973 30-28-I18 2"" "`
WHEREAS, based on the evidence presented, tke Boa;d 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 pub"lic welfare and will
not substantially impair 't he intent and
purpose of the Zoning Resolutions and the
zoning maps.
NOW, THEREFORfi, BE IT Rfi50LVED that the applicant's request for 'a
52 sq. ft. floor area ratio'variance be 'denied due to tack o'f
demonstrated hardship.
Additional conditions or restrictions:
WARNING: Any 'violation of the terms of this resolution may'
result in rehearing and possible revocation. "
Joe Zanin seconded the adoption of the foregoing Resolution. The
roll having been called, "the vote was as follows: ~ `'
Randi Shaffran - yes Melinda Pearson - yes
Robert Miller - yes Joe Zanin - yes
The Resolution was adopted by vote of the Board of Adjustment of
the County of 'Pitkin, State of Colorado.'
DATED: June 30, 1987
Attest:
Secretary
The Board of Adjustment of
Pitkin County, Colorado
~~-~.~,.,~ Chairman
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Minutes
Pitkin County
Board of Adjustment
June 30, 1987
Members Present: Kandi 5haffran, Acting Chairman
Melinda Pearson
Robert Miller
Joe Zanin
~ r,
Patsy Newbury was present with staff recommendations. Shaffran
g der. Pearson moved to approved the
minu' ~.
ca testfromethenla t meeting an3 site`vist as submitted.
Miller seconded the motion. The motion carried 4 - 0.
Erleyne Loucks was present. She was requesting a 70 ft:
frontyard setback variance, an 8 ft. sideyard setback variance
sideyard setback variance. The lot is only 80 ft.
wideaanpo~20 ft. long. The septic system is located in the upper
middle tion of the lot. the applcant''s neighbors, Jeff
Kurtz and Dia Lynn were p-resent.` They had no objections. Zanin
asked if they had the Homeowner's Association approval. Loucks
replied that there wasn't an association. Shaffran suggested for
uniformity that the sideyard setback variances if granted should
be both 8 ft. Zanin moved to grant 70 ft. frontyard setback
variance, an 8 ft. sideyard setback variance and an 8 ft.
sideyard setback variance due to downzonng. Robert Miller
seocnded the motion. The motion carried 4 - 0.
~.aac o,-ca - uia L nn Lot 67 E lk Mountain Subdivision
Dia Lynn was present. She was requesting a 70'ft. frontyard
setback variance and a 10 ft. sideyard setback variance. She
introduced her contractor., Jeff Kurtz to the Board. Lynn
explained that they would like to build a solar home. With the
original building site they had chosen, the solar access was
blocked by the existing trees, because of that they had revised
their plans. They did not want to lose all the trees. There is
a 10 yr. old Blue Spruce tree that would block about 2 hours of a
limited solar aspect. She explained to the Board that she no
longer wanted to built the garage that was shown, but wanted to
place the house where the garage would have been. The setback
variance required would be the same. Kurtz submitted to the'
Board, a signed sheet from the neighbors giving their blessing to
madeo,riginal and revised plans. After some discussion, Miller
a motion that. a 10 ft. side yard variance and a 70 ft.
frontyard variance be granted due to solar access. Pearson
seconded the motion. The motion passed 4 - 0.
Case 87-24 ',- Stefan Kaeli'n - 0561 Meadowood Drive
~- .. ~,
Stefan Kaelin was present. Curtis Cleveland, his contractor
was also present. Cleveland explained that they were requesting
en additional 52 square feet of floor area to construct an
nclosed entry way to make the entry to the house work more
efficiently. He continued that this is a two story roof shedding
snow onto the entry way There was also a problem with opening
he door, iaithout"`ste e~~nd i Cleveland continued that
the plans h ad been a the Meadowood Homeowners Associa-
tion last week Therepwasdable
t tter of protest from King Wood-
ward. He was concerned that the variance, if granted would set a
precedent; he felt if there was no undue hardship the variance
should be denied. Kaelin stated that the way the door is
constructed now is not a hardship, but if someone was hurt, it
would'be a hardship. He continued that they wanted to enclose
the carport. The way the door is now, would not be an efficient
entry way and would not look nice. He felt the proposed entry
way, Kvould be an improvement to his house and to the Meadowood
Subdivision. Woodward was present. He clarified that the Home-
owners Association had not approved the project. They had simply
put the burden of approval on the Board of Adjustment. If a
variance was granted, they had no problem with the design.
Woodward stated that he personally did not have a problem with
the design, he was concerned with setting a precedent. Shaffran
assured him that all cases were considered on a case by case
basis. Woodward questioned if there was a hardship Under which a
variance could be granted. Kaelin felt that the BAR restrictions'
were to prevent someone from building a house that was too large
for the lot, he felt that really did not apply in his case.
5haffran explained to Kaelin that the State only allowed the
Board certain hardshi s u
ggested eliminatin pFARnder which to grant a variance. Pearson
su g from somewhere else, for example the
carport. She did not see a hardship to grant a variance. The
hardship was man made. Zan,in was in agreement that 'there was no
basis to grant a variance.' Pearson moved that the variance be
denied due to lack of demonstrated hardship. Zanin'seconded the
motion. The motion passed 4 - 0.
Bonn Young was present, He was requesting a 60 ft.
frontyard setback variance. He explained that his lot was a one
acre lot. It was downzoned in 1975. He wanted to add a garage.
the
garage were placed to the,. back of the lot, it would
in
workingrbeauthfullysandrheeating system. The solar system. is
co' did not want to change that. He
ntinued that it was not a topographical hardship, the lot was
very flat. He considered a garage a necessity in their case; his
wife is a mid-wife and delivers babies at alb hours ~of the night.
Newbury asked Young if lie was aware that he had a height problem.
He was not .and asked if a height variance could be granted as
well. Shaffran explained that a new application would have to be
submitted and a sign posted and neighbors notified. There were
2
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no neighbors present. Pearson asked what prevented him from
moving the garage back. Young replied that the proposed location
was chosen to be as far away from his neighbors as possible'.
Shaffran stated that if the garage were moved back, he would need
a side yard setback variance,' and might impact the neighbors
more. Zanin moved to grant a 60 ft. frontyard setback variance
due to downzorring. Pearson seconded the motion. The motion
carried 4 -0.
Subdivision _. __,- _.
'Gretchen Greenwood was present representing Gwen Sharp.
...
The applicant was requesting a sideyard setback variance.
wouldwood explained that she was-not sure how much of a variance,.,
GreeP,be required. She explained tha£ the Tot was extremely
stee She gave the Board a short history of the house. The '
hardship was topographical. There is no where else on the lot
that a carport or anything else could be built. The current
floor area of the house 668$ s f't. and the allowable FAR is
9s46emotefexceptlfortone housenownedbbyaBob Lortonla Greenwouse
od
Orton stating that he had no obJections.
themsetback variancerwoulnto the record:`"Newbury explained that
notfthensidedardesetback;d actually be for the frontyard setback,
Y Shaffran asked if they were proposing
PearsondasP to the lot line. Sharp replied that they were.
ked if there were any neighbors present. There were
not., Greenwood stated that every single owner n_ the subdivision
had been notified. She continued that they were going before the
Homeowners Association on the 21st bf Jury, they couldn't meet
with them until after the decision 'of this Board. Shaffran
questioned if there was confusion about whether the variance was
for the front or sideyard in the notices that had been sent.
askedwood stated that all owners had received plans. Pearson
Green, how it was posted. Greenwood replied as a setback var-
lance. After some discussion, Zanin moved that a 30 ft. front-
yard setback variance be `gr`anted due to topography. Pearson
a 0 lded the motion. Shaffran was. not comfortable with granting
seconot line variance for' a carport. She didn't feel that was a
hardship. Greenwood stressed that the carport would be un-
obtrusive. Shaffran was impressed by the fact that .they had not
built to their allowable FAR. The motion passed 4 - 0.
Brad Knotts was present representing J.T. Zoline. The
applicant was requesting permission to place a sign on the south
end of their field stating the name of the ranch, the telephone
number and "Horse Boarding". Knotts drew a rough sketch for the
ibin what the si n would look li7te and where it w
bP located,
Board descr1sHpgopeptyedirectly acrossnfromathe1Pomegranate~Iould
placed on h"
nn,
facing the highway, on a rocky knoll, setback 15 or 20 ft.
Shaffran asked what color and material. Knotts replied it would
be a wooden sign, brown or green; something subdued. Pearson
asked if they would be comply with the Pitkin County Sign Code.
Knotts replied that he would. Shaffran reminded Knotts that the
code required that the applicant to come back to Board for a
yearly review. Pearson moved to approve the placement of the
sign. Zanin seconded the motion. The motion passed 4 - 0.
4ase o-r-~rx - ~nristine Sparovic Sparovic Lot Split 1-A
eter
'Van 'Domelan was present representing the applicant,
Christine Sparovic, who was also present. Van Domelan began that
presently there is a garage attached to the house with a four
foot overhang. The variance request was to extend the overhang
from 4 ft. to 8 ft. to convert the garage to living quarters and
have a porch on front. This would improve the appearance of the
house. The porch would be at .ground level. The other request
was to permit an addition. They wanted to remove the present
structure which encroaches on the l00 ft. Highway 82 setback.
There would be a very small additional encroachment. The
P
Thet wouldwould be 92 ft. from the Highway edge of right of way.
y like to place a 4 ft. roof overhang on the addition.
The original house was constructed in 1960. Sparovic was not
required to get a variance at that time. Newbury explained that
in 1965 the setback requirements were changed. She thought the
highway was realigned about the time the house was built. Van
Domelan explained that the river bordered the south side of the
property; there are restraints imposed by the floodplain.
Charles Cuniffe, the architect was also present. He explained
that they were trying to add an addition that was clean and
simple. Van Domelan explained that this was only the first step
in the review process due to the fact that they were in the
Highway 82 view plain. Pearson had a problem adding the 4 ft.
overhang to the existing garage because it encroached further
into the 100 ft. Highway 82 setback. Cuniffe explained that even
with the additional overhang, the new front would be a much
quieter look, it would help with the next step of the review
process and it would give the house a covered entrance. Shaffran
felt it was downzoning problem, the house was built prior to the
current zoning. Pearson moved to grant a 51 ft. frontyard
setback variance for the expansion of the roof over the existing
garage and a I3 ft. frontyard setback variance for the proposed
addition as demonstrated on the attached drawings. Zanin
seconded the motion. The motion passed 4 - 0.
-GJ - Jam P_5 K. Mnnro -
James Moore was present. He was requesting a 258 sq. ft.
variance to the allowable floor area ratio. He explained that
there was supposed to be a cul-de-sac on Bighorn Lane. The owner
of Lot 4 has extended his concrete driveway into the cul-de-sac.
The owner of the lot right next to Moore's driveway has installed
a gate into the cul-de-sac. He showed the Board where he would
4
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like to place his garage. He spoke with his neighbors and he
didn't think there was a problem. He placed the house and
garage so'they would be located the farthest possible away from
his neighbors. Shaffran read two letters into t$e record. The
first was from William Ti
pps stating that tte was in favor of the
Board granting the variance. The second was from David Cham-
berlin, his concern was the height of the proposed residence and
whetfier it would block his view. Moore stated that he did not
have 'a height problem. He didn't .feel that anything could be
done about the cul-de-sac. He was the last person to fit in and
he was just trying to make it work. He explained ghat from the
driveway he would have to make a sharp turn, the extra space was
necessary to turn into the garage and pull up and in. He checked
with John Moore of the Homeowners Association. Pearson asked why
didn't he design the house with the garage further back. Moore
explained that the neighbor next to him was using part of his
property. He had twa people close to him on'-both sides and no
cul-de-sac. Pearson questioned giving an FAR variance to make a
garage work. She found it hard to grant an FAR variance for
topography
Shaffran didn't feel it would be possible to call in
all the neighbors that were encroaching, although it was a man-
made problem, they did not have the enforcement to control situa-
tions like this. Zanin pointed out that they had 'g'iven 4 or 5
nces for houses on that cul-de-sac. Zanin moved that a
variance be granted for an additional 258 sq. ft. to the FAR be
granted due to topography to be used for the garage only. Miller
seconded the motion. The motion passed 4 - 0.
Meeting was adjourned.
Respectfully submitted,
Secretary
Chairman
5
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