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19 CASEk 87-43
' DATE November 6th ~--;
A??LICr.NT Robert A Baxter ADDRcSS 6ef ~~o a
w.: r ,.va, ^. ,» £. ~,a' T..~ 't,{ w i ,~"~~~?.. "'»941
ADDR SS Box 969
0~•INE'. Robert A Baxter
LCCATIO:a OP PROPERTY Lot 9, Block 1, Filing 2 O ~7~ Z~
Anv: oe_`~nen~ data must accpmpan this a lication, and 1
this Case ~or..87-43 "~ y PP will be made p
The [3oard may return this application if it does n_ot contain all the f
in euestion. Applicant's description of proposed var`iance4sho•.~"ing
justi`_icztion:~I am requesting an 82 ft,variance, for lot 9,Block 1,
Filing No.2, Brush Creek Village due to (hardship) steepness of lot.
After fhe Sept., 29 1987 variance meeting Stutsman Gerbaz dug a drive-
y p ss. The temporary driveway
". .
cut r~.vealed thatfthecprevious 60ftlevaria;nce left much too steep
p „A
.(app ~ ss to the housesight. By
rox.26ft. Vert. in 104 t. Lin.,~n ecce
g uphill 'in line with the
movPn tye house further into the lot and le access to the house.
tem orar drivewa This will aloes a useab , a,, „W . ~ ay ~~ :i
xq.. v4 n _.. i .. _..
(Approx., 14 ft. Vert. to 124ft. Lin). At 21ft. from garage slab
elevation to the_ peak of the house thye peak will',still be below, the
elevation of E. Brush ,Creek Drive. (Road approx.'24ft, above slab
_ ..~ . ...., ,., .. _ :. ~ . u
height).
Applicant S,gnatur
~; - cuir the Building Zn Hector
• _e, r9
Provis~pns of the zoning _esolu.._on reaso r nc
forward this anp'__cat_en to ,the Board of ?.d~LSt^.ent ar.d .,
t.
arant~ng a buic_ng Her^it: YL~~L l~ ~~ ~ _
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ASPEN PITKIN ftEGiO~.
,'
- ''
NOTICE OF PUBLIC REARING,'
"", a ~ .,._~_
BEFORE THE PITISIN COUN"TY BO,AR15rOF ,ADJUSTMfiNT '
VARIAL PROpER,TY ;OiVNEI?S ,AFFEC_T~ED ,BY, THE REQUES'TED ZONING OR USE _,
a ,, ,_.., ._ r ,.,a.~~„,,_...,~ ,..,_ , ..,
TO ALNCE D,ES_CRYSED'BELOF7 „-
Pursu'
amen ed a ~ y "'
' ~ ~ omubPitk~n~CtS'CiritylCourtsHousephAsp~nCaGoloY^~dom~sor
szoner's Ro ( at
such other;-place as-the-m;eetzng may then be adjourired} to'
consider an applica"tz on Filed wzth~'t'~ e'sasd'~oardr''o~" A'dju`stment'
reque'stzn 'authority 'far;varlanCe i'rom the fovxsi`nns ot~:~the
g P 4 ~_,.__
County Zaning Resolution
,- t„
All persons affected..bY the proposed vaVZarlce are zn'vited to
ppear and state,th'ezr views, you
state p 1?rotes~ts~Yyr ab,~ectzon~ j~- ~ '
,appear persona n ou are ur
canno
your "
views by, letter, articu7ar~ z"~"" r rv-
varz o 'r of Ad us`t v ged tom'
such 't
nce, as the "B a' d meat w~.ll gx a seriaus
consi a on to the o znaionsuof"surroun'~i~~youyliav ob .ectzon"to~
derat P g,Prope~ty own,. _F,
tz ,~.g . ~, eques`t
ot,her'affect:ed in,decYdin whether. to"° "'dnt'br d'en the r'ers and
for varianbe.
T7#E'Pt1R~tTC't~"Aft.S`.N"~F"°'~~,",.i?~"e~`1~`I~fi'~`<°.`~~'""~"...~``Y""~+t~'~'TEb,;"~e~R2`~S,Id"C'E`,.~R"E".~_ .~_..
AS FO'L'LOiVS: ._ '_
_. i
Date,and time,. of meeting: Nov`eriaber 24;, .19$7', at',b:.1;5 p. m'. `
, ,.
Name"and Address-,of_Appli:cant'"for Variance ~ ".~ ~,
„ ..~. _,,
,.,
Robert A. axter' I .,_;..w_ .:-..,-_,.-._i~..__.., .
Box 969 , .. _ - ,, ,, _ ..,.. _..., ,,
pen, CO 81612 ;. ,
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Location of,Property"`ox'Deso'riptzo'ni
Lot 9 _._
,,;Black, T, Filing 2"
,- .
Brush, Oreek_.,Sukidiyis,i_on', :' ,..
Variance Requested: " i '
ft:' ~'rority'ard setback var3anc'e" ''
an' 82. `
- °r ~,nl
Duration o,f' Var,i,apce: Permanent : X7t_~;__z'1'"emporarY ~ '
~- .
Condition:' _ -
THE PITKIN COUNTY B'OAR1Y" OF AD7UST6IENTI -
'offices: '
5'17 East Hopkin's Avan. ue
Aspen; Color'ado',8161`T
___.
".Evan' u 1, Chaarman i.eti+ ~
... _ , itlail a'ddres's: ;,..
506 I~a's"'t',IVIa'in Street,. -
,.
303/925-5973,_; , e4s en, Colorado 8l
. _. .. ,.. P ._... .."., ._611
~-~ ~~zT~t~ Yf`cf'JP~I~I ~
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~~ Owner wishes -to bvtLd a c~c, 5~ry ~'~ g• F•
G~ araaJG, or •ti7e f OT °~ Y~' P`e `-( rp a i n fen ar]
c1 tFr
t ~ ~~ $ ~ cl~ • ~1~ rd e ~G!'15i c~
hrtorv r~vnova! and ~rvtr lar v~ P r
primarily o~ a ~fecP amba-~men~ ~xtc.+'t,~rr-oj clowh ~rom t
~~, sicfa o~ -tlle• Ga~tlc Gre~ck. mad R..O. W ~ , aid y,,~
inclvdin~ ,thc. ~5tle Grc~(~• s-ream l~P G-~cis~t~%tGj 'gyp°~rat''"7
avid -she pc~c/r-~rr~ o~ the ~ vtroN yxetl.t~11 y ~2r~tsi~'iv~ ~~iresm
tx~p are , ~,,-E~0 ~~ ~ arc4shr p~ vvtclerlr~ iwl 'f-hi s r~r~st ~vr
variance.: `
a. ~ci~s~~j !~' ~+~ ~ar~ ~har1~.. „%vl~l rr~vire
the pr~~-d ~trvc~'vre„'Cm..l~. Pfe.ced~ in tL~ sf,~?,srs~ ..
f~lar~tn ~ u~ll c3~ fevtd'eY t~~ sbt'Ud"cJc'~ ~-"~'j
~ i ~~ICVI~" '~ a~-c~-~v~ YYrtGlarf ~~yr'Uc clesttvG-~toN
fcc~vice ~rvrrt> cfard ~ ~"~ !~ ~ ta~lO~b.
b; Pxr~~w~ ~iU~ g~d~ hard ~~?ba~- czt ~vfsH~ ;,
Gcvte wa>ld r ~cr~ ~clb~an-~rs.!
Prouty ~ ..,, ~ .. ,... _
c~avattvn ~d d~rrJ~"iay of ~u~~l
0
~rvvf-vre.
~tafian whrGh GvotJl~ ~cr~ fihc.
.~t-rim G~c~le. Groh.. Rrrac~ . ~las~ .~,~
ts-FA r~v~ 'h ~~{e. Viand sef'6a~k ~rorta
~ feet $ 1S~~t.
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Minutes
Pitkin County
Board of Adjustment
- November 24, 1987
Members,Present: Kandi Shaffran, Acting Chairperson
Melinda Pearson
Alternate Member Present: Feter Dobrovolny
Patsy Newbury was present with staff recommendations,
Shaffran called the meeting to order.
There was not a quorum present. At the recommendation of the
County Attorney, it was.. decided to continue the meeting. Smith
informed the Board that a member need not be present to vote.
Smith suggested that a member could listen to a tape of the
minutes and vote at a later date.
Robert A. Baxter was present. He explained to the Board
60 ft: frontyard
setback variance,bwhich hadmbeensgrantedr fAfter that `meeting,
Stutsman-Gerliaz had dug a driveway into the lot for core/soil
sample access. The temporary driveway cut revealed that the
access to the house would still be much too steep. They hadn't
realized this due to all the brush on the lot. He was now
.. _.,
requesting an 82 ft. frontyard setback variance. The;new
location would move the house up, but it would'stiIl tie below the
elevation of E. Brush Creek"Drive. Dobrovoiny'agreed"it was a"
very steep lot. Shaffran brought up the fact that at the
September meeting there had been objection raised from a neigh-
bor. Baxter stated that the house would still be below the. grade
of the road. Pearson was not comfortable with a house 18 ft.
from. the road. She felt that they were ways to place the house
and conform to the 60 ft. frontyard setback variance. After some
discussion, it was decided 't hat a site visit would be necessary,
before granting a variance due to the closeness of the road. The
site visit was scheduled for Friday, December 4, I987 at 9:00 '
a.m.
Case 87-44 - Marion Bvrne Getz and I{athleen and Douglas Tomkins.
Twinin~'Flats Road.... _ ,
Marion $yrne Getz was present. She is currently under
ot. She wanted a determination from:
contract to purchase this 1
the Board in order to make a decision as to whether to purchase
1
.. ~, ..
the lot or not. She was requesting a 40 ft. frontyard setback
variance in order to save a stand of trees i.Pat~„was on the lot
Shaffran read into the record a letter in su port of tote propose `d
variance request from Maggie and M"ichael McVoy.' Getz 'explained
~.,.~,
normallytwouletback were measured from the easement, a's it
d be, the building envelope would be in the riper.
Getz showed the Board where the setback was measured from (as
decided during the Planning Department's 1041 R'eviewJ and
explained that she wanted to place the house as close 'to the
river as she possible could. She explained that she w;as not..
planning a large house. She showed the Board where she wanted 'fo
place the house in order to'avoid destroying the old trees.
There was some discussion as to which was the frontyar,d side.
frontyardesetbacklvariancecbesgrantedrduelto aotopogra'phica0 ft;
hardship. Shaffran seconded, the motion. All were, in favor. Joe
Zanin made a'site visit and telephoned Patsy Newbury and to~bota
in favor of the motion. The motion carried 4 - 0.
.~.,.
Jack Miller was present representing Al Gilson.. He ex-
plained that Gilson had owned the house .for about 9 years. He
would like to add an 18 ft. garage addition. Gilson was request-
ing a 25 ft.'front.yard setback variance. He submitted a letter to
the record from the Starwood Homeowners Association stating that
they had no objection to the 25 ft. setback variance.;` Shaffran
was impressed by the fact that the proposed variance had the
n moved to grant, a
25pftVafronttardHsetbackrvaAssociation. Pears o.
y riance due to the passiFbilty of
downzoning and due to topographical hardship. Dobrovolny
seconded the ,motion. All were in favor. The motion did not_pass
due to lack df a quorum.
Meeting was adjourned.
Respectfully submitted,
L .
.~
Secretary' C,N~~-~ Chairman
l~ZG ~.3~
Date
.:... ~. y y.: ~ ..:.. .. ..
ASPEN PITKIN ~EGIO ~ -~" " ~ ." ".'" ~ ~,.
h1AL BUILdtN, d~PA'~"~'1~/IENT
M E M O R A N D U M
T0: Pitkin County Board of Adjustment
FROM: Patsy Newbury
::+'I
RE: Minutes of Site Visit - Lot 11, Block 2, Brush Creek
Sub division - I)"ecember 4, 1987 "' '
DATE: December 22, 1987
On December 4, 1987, at Lot 11, Block S,`°BYUSh Creek
Subdivision, meeting was called to order by Eban'Gull to recon-
vene hearing of November 24, 1987, which was continued for lack
quorum. Present were: Evan Gull Kandi
of a , Shaffra,n, Melinda
Pearson, Robert Miller and Peter Dobrovolny. It was+nated that
Joe Zanin had been contacted and had visited the site. The site
was discussed. Baxter hat would require
pointed out the area t
cribbing and showed the Board the stakes where the garage `would
be 18' from the road property line. Tie alsoshosved ti`he $o'ard`the
stakes representing the footprint of the house. There was
discussion about the visibility of the house from the other lots
and th'e 22 ft. height. It was decided that house would ndt be"
visible from the road above.
Evan Gull noted that by making a larger cut and a switchback
in the hillside Baxter could probably get into"tfie o'r'iginal
variance. This would cause considerable scarring on 'the hill-
side, which would be very 'bisihle from Hi hwa
will limit the area where a se tic s stem can,be ut on the lot.
Discussion followed, p y g Y 82P Mancos`shale
Kandi Shaffran made a motion that an 82 ft. frontyard
variance be granted due to topography, the reason being the
steepness of the lot and for aesthetic reasons; to lessen the
impact of excavation from Highway 82. The motion was seconded by
callrfDomrJyolny. Motion carried 6 - 0 (including a~telep'bone
oe Zanin on Friday after a site visit.)
Joe Zanin also made a site inspection of the lot of 6Srs.
Getz oh Twinning Flats Road and agreed that the location of the
building in the center of lot was better due £o sparing the trees
at the left side of the lot and staying out of the flood plain.
Meeting was adjourned.
PN: 10
offices: mail address•
S•17 East Hopkins Avenue 506 East Main Street
Aspen, Colorado 89S'1'I 303%925-5973 ' Qspe'ri~`Colorado 81G'1~'1 '"
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Shaffran moved that the following be adopted:
Kandi
BEFORE T$E BOARD OF ADJUSTMENT
OF THE COUNTY OF PITAIN
STATE OF GOLORADQ
RESOLUTION N0. 87-43
Robert A. Baxter, Lot 9, Block 1, Filing 2, Brush Creek
Subdivision', 0474 Upper Ranch Road
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 birtue of Title II, Section
ado Revised
Statutesp11973,C30n28-118(2)L(C)UandCode) and Color
WHEREAS, based on the evidence presented., the Board of Adjustment,
makes the following findingsi
1. Proper notice procedures, including the
notificatpn of all,~djoining grope„
. _..~, rty
owners, has been shown by the applicant.
2. The required hardship or practical df,fcu,lty
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 that the applicant's request for a
82 ft. frontyard setback be granted. due to, topography, the reason'
_tic reasons;'to
lessentthesimpactsofoexcava`tiona'fromoHighwaye82. '
Additional,conditions or restrictions:
WARNING: Any violation of the terms of this resolution may
result 'in rehearing and possible revocation.
Peter Dobrovolny seconded the adoption of the foregoing Resolu-
tion. The'roll having been called, the vote was as ,follows:
Evan Gull - yes Kandi Shaffran - yes
Melinda Pearson - yes Robert Miller - yes
Peter Dobrovolny - yes Joe Zanin - yes
The Resolution was adopted by vote of the Board of Adjustment of
the County of Pitkin, State of Colorado.
DATED: December 4, IcJ87,
Attest:
Secretor
The Board of Adjustment of
Pitkin County, Colorado
~ ""
Chairman