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HomeMy WebLinkAboutpitkin.boa.87.30 :BOARD OF ADJUSTt•f 19 C~SE~ 87-30 ' DATE T„tv to iaa~ APPLICANT p~y~ t .a n '~yn Sae Wash ADDRESS? Turcott Lane Central ~Is1ip,~N.Y. 11722 Of^7NER Charles W. Bloomquist ADDRESS g1B v n n h G ,.P.. _'. ., ~..,_.r.,. -,, ..... :..... .~ >:... .. ....,i~...d..,, .. ~,_,. 'Denver, 'Co "$0202 LOCATION OF PROPERTY Lot 15A Block 2, Gateway of Snowmass Mesa Subdivision - Filing No. 2,PitkinGounty,COlorado Any pertinent data ,must accompany this application, and will be made par this Case No. 87-30 The F3oard may return this. application i£ it does not contain all the fac in euestion. Applicant`s description of proposed variance showing justification: See attached application and plats. Applicant Signa By ,Richard Y. Neley, Jr. Attorney for Provisions of the zoning resoluteion requ~'~13~a'~~r€ Building Inspector to forwar3 this aoplicz*~.on to t'r.e Board of ~ ~~ent an3 reason fpr not granting a buid:.ng permit• ~/ Builuin.g Inspectq ,,,~„ „rm:. ,-,~~,~c.ed; Eoard cecisicn 1~G Dat° :..pp_' ~ ~ ~.. ': ,. ,.. 31__ .~- `.:... . •'.., ~_:`.' Secret?r'y'_^n03YU Oi ~G ~l]SCmepr _..... , . ~ ~.. _.. ,v_ . .. ., ... ,+"~ a ;" ~ ~ ~ ~ . . _.. - , ~ ASPEKI PITKIN REGlO ~ NAI: BUILDII~G:;~C~E'`~A4~"~"NfENT~Y : . - N0`TI"CE` Ox"PUBL'TC'HSARTNG _., .. ~ ~, N 7T1ST1KEt5`T`~~"'~...._,_ ~.. BEF08E THE PTTAI 'CODN1'Y BdA72D OF"i1D " "'""' TY :OWNERS AF>!" .:.. ' ., TO ALL PROPER 13CTET~ 8'Y THfi REOUE"S`TT;U ZO`~N6` OR `U5"H ` VARTAldCE 'DESC'RI$EId"BELOW. ,. . Pu'rsuan't to Pitkzn Coizpty Resolution of`;Tiine~ 5; `I9Fi5,' as " rv _ ~ v,. "'"" ." amended a $ubli ~ c 'Hearing wi"lI' be ,held in the un"£y""'~ommis- „ „ sianer,s Room, Pitkin Count'y'Co'ur~ House, Aspen,"Color'ado,`{or at such other lace 'AS 'the m~'etin' zd' _ a~"'then 'be -adjourned). ~9;"0"' _ . consider an application #'iTed~`with t"fie said hoar'~"o~"""A"d;j"u""s~men"~~"`~ °"""""`" ~ N ~Y ~ ~ "~ re questing authorit' fox variance y from 'the the prgvisions of-' g _ County Z niiig ...~.,....:.-:,.~,..,.._M.~ ....~...._,._ ...M,_.,w_~_.~.~.,.~...._.~r........ .., ~, -. .., ,. _...,,.. o Resolnt_ian. ` """' All persons affected 6 the,' ~ `" ` ` "" y proposed variance-are invzted;`to "`- _. appear"and state their views, protes£s or''objec£ions. If`gou _ cannot appear pers6nally a£ `snc~i meeting t'hen"yori are ~urged~ to " ~ "' "` . , state '3rour vies by letter,' par~zcular~y i~` 'yiqu have objection`"`to ` such variance, 'as '-tfie "boar"d of`"Ac~~usfineri£'wX~ gzve~serious _ consideration,to the opinions 'of surrounding praper`ty"'own'er's arid:` l ~ny"the""reques`~ ~,._...,..... __._. other affected in tieczdzn ' w~i'eiTie~`""£o g`r'nn"t or n ~ . LL " _ e-+"- .,_. _... „ _ ~,,. for variance. _ - „ THE' PARTICU~ ARS``0F``THfi. D OF TRfi RE~CTE',TBD"VARIAN~fi`AliE` t?TNB« A _. ., _.,..,_ ._. _..- . - . AS FOLDOWS.......::: , .... .. ...,..- - ,. Date 'and time of meeting J`ul 2 8, 1987 __af 5 y P:m, _. .,. ..... Name and Address of Applicant `for"`Variance l ~" -tt . David :?°: a,nd MariTyxi Sue~`'W'a~s"h ? T Lurco£t Lan:e"'`' Central Islip, N7 11722 Location of Pr'oper"£g "or Description "` ' `~' `" `"' ` ~" "" ~ Lot 15"A ;` Block 2,,`Gateway"t;o Snawma'ss Su"bdzvision;"~il~ng'Z' '"~"""~"'""~'- ~ ~ Variance Requested: . ,, a 70 ft. front and settiack """"°-_.,_. ..._ _.__. .. .. _;,... .. arzan;ce Y ~ ,~ .., p _~..~ y _ ... _ . ~ ..... Duration of Variance: Fe',rmaiien"t:": 8%".. ".'';"''f""""' orar"`~ _ ` ~." , . µ "~'"~~` -`' `~~~ Condi£ioa• THE "i' ITKIN COUNT"f"80 `A"Rb`.OF"'A;D`~175'Cl'FfT":" "_,"`. .' , ' cG-~'11r~. ~'~c.~~.,..,,~. ,Evan Gull; G~liairman //~p ,+~!* ) ,~.. offices: mail a'crdress. ` . ..r..m~.,"..._.- . -- .-.. _, :~ .:~._,x .,.,_..:..~: .... .- 5'17 East F7o,...,.k3ns"hwenue":.... _ _:_„ ._„...a_., m P 5~']~`"~ast a~n Street . Aspan,'Colora~o~''1'~''~'1'"" _ _ '~~`=~~~."".'`"'.~"~ spen, cilorado~1 " -. ~.. :. ,. Case No. 87-30 APPLICATION 'FOR VARIANCE JIILY 13, 1987 TO: The Pitkin County Board of Adjustment, e/o The Aspen/Pitkin Coun- ty Building Department APPLICANT: David J, and Marilyn-Sue Walsh, 7 Lurcott Lane, Central Islip, New York 11722 OWNER: Charles W. Bloomquist, 818 Seventeenth Street, No. 420, Denver, Colorado 80202 LOCATION OF PROPERTY: Lot 15A, Block 2, Gateway Snowmass Mesa Subdivision, Filing No. 2, Pitkin County, Colorado ` DESCRIPTION OF PROPOSED VARIANCE AND JUSTIFICATION: The above-described real property is Iocated in an RS30-PUD zone which requires a 100-foot front yard setback for str etures. 'Applicants are proposing a reduction of the front yard setback re uiremenf to thirty feet. Such reductions have been routinely granted in th Gateway' of Snowmass Mesa Subdivision in the past. Although the County' oning'maps designate the Gateway of Snowmass Mesa Subdivision as RS30-PUD, because of the size of the lots and nature of the subdivision an R-30 designation would be more appropriate. The variance is requested by the Walshes as contract purchasers of the property. The variance is needed because of the steep topography of the of w is renders construction extre y p g p mely difficult beyond the 100-foot front ap showing tfie Tot and the proposed bmldingt envelope hest blishes "thel teep terrain. Additionally, because of the nature of the terrain, the reduced setback is necessary to flake advan- tage of solar light and heating efficiency. The proposed variance will not adversely affect neighboring lots. 'The topographic conditions result in peculiar and exceptional "practical diffi- culties to 'the contract purefiaser warranting relief in accordance with Article 16, paragraph 16-1.3 of the Pitkin County Code. Tlie variance will not substntially alter or impair the intent and purpose ' of tTie zoning district regulations and policies of the Code. ATTACHMENTS: Attached 'hereto are twelve copies of the topographical plat of the lot and a list of adjacent property owners. The .applicant respectfully requests that the Board of Adjustment grant this Applioation for Variance reducing the front yard set back for the above-described pf•dperty from one Hundred feet to thirty feet. RESPECTFULLY SUBMITTED this lath day of June, 1987. RICH[~tD Ji'~ tdEILE~.', Jtj.r~ ~'.C. 323 West Main Street~j Aspen, Colorado 81611 (303) 925-9393 Attorneys for Applicants 2 ~. WALSH VARIANCE APPLICATION LIST OF ADJACENT PROPERTY OWNERS GATEWAY OF SNOWMASS b7ESA SUBDIVISYON, FILING NO. 2 Block 2 Lot ~4A -Richard H. Heede, P. C. Box 586, Snowmass, Colorado 81654 Lot 16A - Paul S. Wilson, c/o Thatcher Financial Group, 411 East Main Street, Aspen, Colorado 81611 Block 3 Lot 2 - Stanley Robert Shaffran and Judith Lynn Shaffran, 6164 Lupine Drive, Aspen, Colorado 81fi11 Lot 3 -Terry L. Barnhart, 380 Gaylord Street, Denver, Colorado ,,d«~.; -U.J .70 ~~G "O l.S d 9U" Cft s Y) _ ~ .. _.a- ~. ., , ..e r,_,«r. ,4. .Aro ~AWaa+1k4 AoY'p+SAC l SwLRL~F41"1~Fa Peter Dobrovolny moved that the fallowing be adopted: BEFORE THE BOARD OF ADJUSTMENT,,. OF THE COUNTY OF PITKYN STATE OE COLORADO RESOLUTION N0. 87-30 David J. and Marilyn Sue 'Walsh, Lot 16A, Block 2, Gai:eway to Snowmass Mesa, Filing No. Z 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 I,L, Section 16-1.3 Pitkin Count code (Land Use Code and Colorado Revise. Y ) ~ d 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. $. Granting such relief will not, cause substan- tial detriment to the public welfare and will nat substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, THEREFORE, BE IT RESOLVED that the applicant's request for a 70 ft. frontyard setback variance be granted, contingent upon the closing of a contract between the applicant and present owner, due to topography. Additional conditsons or restrictions: WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. Melinda Pearson seconded the adoption of the foregoing Reso- lution. The roll having been called, the vote was as follows:. Nandi Shaffran yes Robert Miller - ves Melinda Pearson - yes Peter Dobrovolny - yes The Resolution was adopted by vote'of the Board of Adjustment of the County of Pitkin, State'of Colorado. DATED: July 28, 1987 Attest: Secretar The Board of Adjustment of Pitkin County,. Colorado --~ ._~._. ~< ..., _. r. ~/ C/ Minutes Pitkin County Board of Adjustment July 28, 1987 Members Present: Kan di Shaffran, Acting Chairman - - .. Melinda Pearson ., . ' Robert Miller Peter Dobrovolny Patsy Newbury was present with, staff recommendations. Shaffran called the._meeting to order. Pearson moved to approve the minutes from the last meeting, as amended. Miller seconded the motion. Pearson; Miller and Shaff'r'an were in favor. Dobrovolny abstained because he was notyat the meeting. Lacking a quorum for approval of the minutes, it was tabled until the next meeting. Shaffran checked with both applicants as to whether their signs had been posted. They both had posted their 'signs. Rick Neilley was present representing the Walshes with the permission of the owner, Charles W. Bloomquist, in accordance with a contract to purchase the lot, dated 6/18/87. The applicant was requesting a 70 ft. frontyard setback variance due to topographical problems. The lot slopes very steeply to the north downward to Gateway Road making it very difficult to build within the setback requirements. If they did place the house back 100 ft. they would effectively eliminate any solar energy benefit. He continued that ,he thought it was a common request for that area. He added that they did not have plans, they wanted an assurance that if they did purchase the lot that they could place the house up on the ridge, rather that down in the valley. He had no objections to the Board stipulating that the variance would be contingent upon the closing of the sale of the property. Dobrovolny moved to approve a 70 ft. frontyard setback variance, contingent upon the closing of the r_ontract between the Walshes and Bloomquist, due to topography. Pearson seconded the motion. The motion carried 4 - 0. Case # 87-32 - Margaret and Hillary Raab - 0289 Conundrum Road Gary A. Wright was present representing Robert Brown. He had entered into a contract with the Raabs to purchase: the hpme at 0289 Conundrum Creek. Douglas Allen was also present repre- senting the Raabs. Wright began that the property 'was purchased ~.. :i.v .~, ..~.., '..:~,,,.M .n. ~~7~~, ~'~" ~3..t~W~4m.~'d~~.z ~:~, r~a,.r .a ~.... .,. _.._.~. ..w..,. ... ~ .... ~° ~~~ ,.. , . in 1968 and Chuck Rand, over a period of three years constructed a house. In 1968 the property was sold to the Raabs. Wright submitted to the Board a copy of the survey that the Raabs had received when they bought the house. They had a survey 'done at a later date and found that their house was right on the lot ' line. The closest property owner was Ti'ttne Potthurst. Wright had spoken to her and her concern was that any construction should be on the northerly portion of the house. Wright had no objection to that, he felt it was the most likely location to add on and that it `should be a condition of the variance. Wright legally0bu©ltline19641andepermit themttoloonstructeanladdtionwas, He continued that he realized he would have to comply with a minor 1041 review. Shaffran asked him abo'u~t the size of the addition (2,500 sq, ft.) compared to arignal house"(900'sq. 2500 s ft. addition bu - ,,, lding a .) gWri ld an additiontupatoethat szecsuHetwouidhnotobed be ' able to bu tearing down the original house, it was a stone structure in excellent a a new'housPhape. Wright continued that if Brown wanted to build __, ... p .... ,_. u~-~ .. ,. he wou'Id build one that com 1iedWwith the setbacks. Peter Carb~lly, a neighbor was present and concerned about the size of the addition and how it would affect his property. His property was along the left bank of Castle Creek. He was informed that from the sideyard property line a 3O ft.'setback ,q y g Y t was rP aired not a 100 ft. setback. Wri ht wanted to sa tha the Raabs had this house on the market for several years. To make the house usable, it would need to be enlarged. He felt that the impact on Carbelly would be the same wherever the house ~ were located. Pearson made a motion to rant a 75 ft. front setback variance £or the construction of an addition due to an original erroneous survey which placed the house on 'the propeard rty line. Miller seconded the motion. 'Phe motion carried 4 = 0. Case #87-32 - Tom Yedor Lot R-27 Starwood Subdivision There was no one present to represent the applicant. Shaffran moved that the Case #87=32 be tabled until"'the next scheduled meeting. Pearson seconded the motion. The motion carried 4 - 0. Miller moved to adjourn. Pearson seconded the motion. All were in favor and the motion passed 4 - 0. Respectfully submitted, .Secretary ~c-~~-,~ Chairman Date 2