HomeMy WebLinkAboutpitkin.boa.88.03t~ (.~ 19~ 88-03
DATE CASE #
APPLICANT Y~I~ 1af ~~'~ ~y~` ADDRESS ~~~ ~• QJI~
OWNER ~1' ~~'~ 'J~U~ ADDRESS~Ph, ~(.dlli~ -`~~
LOCATION OF PROPERTY~'~V~'til ~~ ~~~ /~ ~ ~"~
Any pertinent data must accomppany this application, and will be
made part of this Case # 88-U3
The Board may return this application if it_.does not contain all
the facts in question.. Applicant's description of proposed'"~~ J
variance showin jus ification:
Applicant Signature ~'~ `-"~~ 'I/ / _
Provisions of the zoning resolution
forward this application to t$e Boa
for not granting a building p'e'rmit:.
Zoning -0fficial
Date permit rejected
Application filed
Notices mailed
equ~ ng the Zoning .Official.,
of Adjustment and ;e sons
.~. _> A
Board decision ~/~._n~•~~.Cl
Date '~~2~~1~~~b
Secreta- rY ~ --fi:='S
~_ „ v . , ~ ..u>.__~~.
~~n~~~~
_. __ .. ;. - , .... .. _. _... _ ~ ...,•~;,w. r .,s..m Yu_,,,, ni..~ 8.d~ .a~.'1~^...+3r~.~.w~»tL.,,,> Y~ ''~ ,.r.
~w„~t >wr...»~~an~a~J#
!' a
A:SPEN.~
NOTICE OF Pi7BLIC'TiEART'NG
x x arFu~M'w YNpEk: per;
BBFORE„STHE 1?,ITKI2d COiJNTY,!,BOAR'D OF ADJUSTMENT b '
TO ALI,'„ PROF,~RTY '0 ,HERS- AFFECTS BY; THE REQLTESfiED ZOR`ING OR USA, ~
VARIANCE DESCRI B
.rw;w FS~=~.~'ise~*,AU~Sa~#MMUr.w«uvs«m,.n".:.'rw~mensw~Abwaw~ad~R::+nawraiwe,r~n«.;.~s~ur-
Purs'ua;nt,_, t;o .~Pitki
amended, a Public„ Re,~r
Room„ Pitksn"County Co
other''place'as the mee
application filed with
authority For"" variari
Resolutiar~`of Juri5, 1955;"a's' ~ `'''
'"°"~"`_'""'"iL ~'Y":.Y:.u:~:;~°~+kM'e ~h i c i- r ~ r t~ l: nt'li^`{:-
..~ s P a .. .. .. ~. - . ,
~f Rouse As en ~ our'neda i 3LLyyy~ ~
ing may then_be a J ) to consider an_ .,,,;~
t~e'sa""`i'~'-`h`oard of Ad u'strii~nt 'requesting
fr m tie provisions o"f""~ie „~'aun~y, Zoning' ~a
11 persons 'affecte.d,.,_by the proposed, variance, are, invit ~bwt°.j.,.,"r. ,T _y
~.
appear and 'state their-views, protests~or obJections I you
~.. ,.~
canna~_ appear 'perso'ir 1~< y a su'cmee~sng, _then you die tik~ged to
state, your 'views by ~~e~tter; 'P`a°rt,icularly zf you '~iave- o"b,7~ct`ion to
such i~ariance, as the Board of Ad,7ustment ~~ give serious
~~,^ -,.
consideration to the opinions of :surrotYh~ing properly a~urie"r~ ''u'nd
other afferrt,e<d,.?n,~--0dec~i~g~t~er to g"rant~cir ~~nY~'~'ie`"`~req'~"~s"£N" 4 4µ
ariance
for v .. _. _ _. .,„.... _ .
TAE I?p1tTICT~LATi5 OF, mRE FEARING _,AND OF THE REQUESTED 'VARIANCE ARE ~ .
.LOWS y,-_ ..
AS FO ,. »...., ..,.-,. ...,.., -. _ ,. ,.,,., .., .. ..,, ..
Date„and time.af'meeting: February 23,'1988 at 5:,x.5„p.m. `
..;,<,.......,A...-z.~.W.caaiwhn,,..e,.,..»..n..w.,twu,.,..,,:.:,«„m...:::-..~~.y..,,...,:..~-...,..;... r~..r,.a ..:...t, -:;, .; r,+.. .,k;. .,
Name`an,d Address of Applicant for Varian~<cu~e
Robe~'t Bruce _ ~..' ~., M .... ~.
cJo 117 S ' Manarr„~h St , , ~ ' ~'" «~
Aspen, CO, $1.611 n ._,m„ _.w~ ,
..
Location of Property ar Description:
West„ u~te milk Area w ,.. ... „- ;, ; . , ~ V
F
A parcel of land situated n h"e° IdE 1%4 pf t71e SW 1/4 of Section +
3, Township 10 South Range` ~`es'ta~ ~~te"'"~th"'F' "~°'" ~
Variance Requested: - <•
a 35,'ft. frgnayard se__tback variance'and a'15 ft. setback vari'an't'
~.;w,-
..
from, the "desigri`ated " collect,O,r, sLL~reet
• ~ .~,„
i,..-....._.,F ~..o .,.,., ...._ -. ~.._ ...~ .;,~~.... `"7 :. :^Y^?~rTrhr~; ,s?~~. :~+ ai _x~x-,+y„sem..,..x s,...:.x;,x~ ... .. ...... ..~.
Durati,,on of Var'i~nce: Permanent: XX ;Temporary' _,
' ~ ~ , .. ., i rw{ryw•ea r w+-r..aw+n~;+~:ro....rwxxr.fl~*waer+'MwGw w'+»a¢J,:ti4~w ' Szaz;m.~ .:`'
TFE PTTKxN._,CQUNT~';;BOARD OF ADJiTS'TMENT
~~
. Evan Gu~T, Chairman , ~~, .,'
offices - maiYadcfhess_"_,...,.
517 East Hopkins Avenure_' S[iE ~as~ 1lilain, Street ~+
Aspen, Colorado 8'1;611,. 303/925~59~~3y~,w~~ Aspe'n'C"o`~o~ac~o'13'~6T1;"
< <,.~nran~7 ~,s
''. ~, ~.
r
URTIS
C~AssoCIA-rES
._ nip sa~'~,aun,u;...t2sre ,~x.,e kd{+ce w, wns'w.kn wa *1-a,.• ^..i, i ...'.~
January 25, 1988
Board of Adjustment
c/o P'itkin County Building Dept.
517 E. Hopkins Avenue
Aspen, CO 81611
Re: Setback Variance_Request for
Robert, Bruce Parcel at West Butter.., a
_.M,: ..., „milk
Dear Board of Adjusttent,
Based on
Office, I
the Robert
conversations withGlenn Horn of the County Planning
... _..q ..w, ._ .. ~~,.,, g.„._.,. - ,p~, 9,,. ,, nces for
wish topre uest the followin overla in varia
Bruce arcel at West 'Buttermilk.
Reduction of the front, yard setback in the AF-1 zone .from
100 feet to 65 feet.
2. Reduction of the setback from the right-of-way of a County
,._
"designated" collector street from 50 feet to 35 feet.
Both variances have been reviewed and recommended for approval by
w . ~ .. , ~ .w ,, ,,,~
the Pitkin County Planning Office anc~'~ Planning & Zoning
Commission as set forth in the P&Z Commission resolution granting
1041 approval for the Bruce Parcel iti ~Attuac;~iment A~ `In"`facf, if
ofeAdjustmentGtonapprovezthe1varianaesebecauseaEtiefprope tyowas
zoned'AF-l and Section 3-8.12(d) of the County Code state s_ the.,
P&Z Commission has no authorization to grant "v`ariances in the
AF-1 zone. Variances in the AF 1 zo`ne` must be approved by the
, ~.~ , -,, ~ .. , .,...«~.,. , . H. , .. _ . ,~_. - ~..
Board of Adjustment per the County Code.
p t Buttermilk, area as shown
The Bruce arcel is located in the Wes, ~ M, s. _.,,4,
on the Location Map attached. The property is a non-conform m g
size parcel of 5.07 acres zoned AF-1. The West Buttermilk area
was legally created in th'e early 7b~'~s~~bu£~~was not"gTatted~"uncjer a
plat. Therefore, all of the
common recorded subdivision
surrounding parcels are similar non conformign size parcels most
of which have been constructed upon over'wthe past 15 years.
117 South Monarch Stree[ Aspen, Colorado 81611 303/92¢1395
t~f)n(}J3
. ..v a v. .. ,. yr -ee ~aa Ak. Yaa 4}u{e T~unE wYnba .. •xw, .,n« n .
;., .,,. ,~tm~,_,e. gun..~;;k~s.<xdu$~'~a~~.~,~~#~..~~'i
i *~ , : ,~ , ,, .,.,
,, ,~ ..i
Board o,£,Adjustment
January 25, 1988
Page Two
The variances„.are requested in order to minimize; the site con-
,.
Buttermlkand visual impact of the house. Like most; of the Wrest
parcels, "the Bruce parcel is characterized by steep
slopes ranging from 258 to 40~. The proposed Building Envelope
for the house ,has been located on the least steep portion of the
~~w _, .
parcel - a lower bench - which "is,-w.6,.~~`~~feet back from West
recomme ., Planning Office and P;&Z .Commission have
Buttermilk Road. The
v.... ~,, , ~...
n_ded the Building ~velope be located on the., lower. bench'
~,,.,
because this is the least steep, most buildable, most accessbile
and least visible ,portion" of "the property. Based on a field
,tt„ nn Horn
inspection of the parcel and the West Buttermi k area, Gle
of the Planning office also noted that most~V.o~ "th:e previously
constructed ,houses have setbacks ranging from 50 °~to 75 feet and
_. ,,. ,-.
the variance request would be consistent with the .,neighborhood.
._.
Each variance. request is briefly described below."
Front Yard Setback Variance ,
This variance is requested under Section 3-8 12 of the County
Code. 'The variance is a reduction of the front yard setback in
the AF-1 zone from 100 fee't`~toM°"6~'":feet. ~ ~ ~ '~"'~~"" ` ""
The variance request conforms with the criter,,a set forth by the.
_.
County Code as follows:
a. When necessary to preserve existing vegetation or solar
orientation. Granting the variance and, allowing the house
to be located on the *lower bench preserves a grove of aspen
trees that are uphill from the proposed Building Envelope.
b. When desirable for aesthetic reasons, but only if the front,
side or rear yard line, from whc~i" setback a variance is
requested, abuts lands preserved as open space, conserva-'
ton, agricultural, or forest land Both ,the Planning
Office and P&Z Commission recommended the 'variances be
_,.,.,~ .
granted for aesthetic reasons as descried Tfle front hard
.. ,ti a , ~: ~. w
setback abuts the 6`0' R 0 W:'~ ~~ ,~„~,.....
of~rles"~t'~""8'u~termil, oacj and no
_.. .
neighbors cross the .road are negatively impacted by `the
L t~.. riw .,, , .
variance as they are located significantly downhill.
c. When such variation would not interfere with the enjoyment
r ..-. ,-v. n.W .N~v rvn'Y
or use, of adjacent properties. Again, 6o`th"`the Manning
d the variance to
minimize the impact of the house anc~' no
would beanegatively impacted bye themvari adjacent properties
ance.
(~f30f~~14 ,
~___ ~ ..,,: M., i,:~., .a n....wu ....~,,, >r.,. _.&~..xa%,. hn.~~z,f~At,~~~o- 1
a
Board of Adjustment
January 25, 1988
Page Three
Collector Street Rxght of Way Setback Variance
.._... ~,.,.o .. • ~
- , » > ..~.w..A. n..~.~ .., o ~ a.+µi s ~nk•r=nwhH & ~ i~~.az ush'.n2%vzi~: a.,h2 .. wYtF .•. -- ~ a:m ' I _
This variance overlaps the front yard setback vari,ance$and, is
varianced under Section 3 8 2(a) of the County Code. The
reques
County e is a reduction of theca se"'t~.back from the right of-way of a
~,~~
"designated" collector stree fr .,
A ain, 'this variance has been recommends om 50~' feet,. to 35 feet
._ k
and P&Z Commission to minimize the imp ctthe Planning O`•~Yice
• of the house ,as
described.
As part of the application, the following. information is
provided:
a. P&Z Commission Resolution granting 1041 approval
b. Location Map
c. Existing Conditions Map
d. Building Envelope Plan
e. Parcel Legal DescrpEon
f. Adjoining Property Owners
I thank you for your assistance in this matter ,.and will„ be
....u _.
available to ah.swer any questions at your meeting.
Rgspectf~lly,
11 i~
\i~m Curtis
JC/b
V
.~._.... ,.i. .: t. a ..,.u ~,.x .,. .., _mi ,t., x. .,wS. „a. x.+a ' er,f...wx.n„+,gil~. w...~:&~,u ~°°V "'.'S +~`~4~.,. °" rtr ar*.er
_. , .:
APPENDIX 5
Bruce Property
Adjacent PrOAerty Owners
. .,.» ... «.w, ~ ._. .v._,-.,.~-..~:wrr ~,v.NS..~.. ;nor k,ia~m ~.a. .A^wa~;7L.A r><Y„x~k~. -.. ~- ., iM.
This list o£, adjacent property owners has been, compiled from the ,
records of the Pitkin County Assessor and ,Treasure Offices as of
raw. 44•. +n .~a.
November 6, 1987 and is, complete and correct to the best
knowledge of the. applicant.
Adjacent
Allan B. Margolis Vicent G. Santucci.
P. O. Box 3102 1195 North West 119 Street ,
Aspen, Colorado $161;2 Miami, Florida 33168
Joyce K. Murray Paul & Dorothy Smith
P. O. Box 352 P. O. Box 448
Aspen, Colorado 8.1612 Aspen, Coloradq 81,61.2.
Richard R. Woods Murray A. Talenfe,ld
1313 W. Buttermilk Road_ 5544 Ralggh Street "'
Aspen, Colorado 81611 Pittsbur B"enns'ylvania 15217
Eber G,. Ayers
2764 San Angelo
Claremont, California 91711
._.. ,,. ~, .. ....-awa:~.°tRKean v}~amu~ewrv ~.,rvko-+N~^~aueAars .v~dm;,. M ,...-,.a{:_ t~ , _:,;. t:...
auun~J~ pAGi~•t~,
EXHIBIT "A"
A PARCEL OF LAND SITUATED IN THE NE 1/4 OFTHE SW 1/4 OF
SECTION 3, TOWNSHZF 10 80UT8,RANGE 85 WEST OF THE 6TH
P. M., MORE FULLY DESCRIBED AS FOLLOWS:
OAD AS SET FORTE-~ZN INS'~AUME~NT""RECbRb~C"Yf2'~~HO'OR 246 ~ ~ ~- "
E 842 WHENCE THE"SOt1'IH, 1/4 COANER~~OF SAID SEC31'YION 3 ~ '
5 23°19`20" E 2195.89 FEET; °"~ '- '
FOLLOWING SAID CENTERLINE 126.02 FEET ALONG THE ARC'
VRVE TO THE LEFT. RAVING A RADIUS OF 410 '2"4"'f EH'~~~ "TAE` ~ ~'~
OF WHICH CUFtv'E 'BEARS S >4~~'26 00" E"1'~5: 5Y,~E'EETi '-
FOLLOWING SAID CENTERLINE 118.65""FEET 'AT:b*7"G THE AAC'
URVE TO _THE RIGHT BAVING.',A RADIVS 01~ Y58 7'5 FEE~M"`~ `__'. ,,., •.
OF A CURVE TO T8E RIGHT HAVING A RADIUS OP 672.15 FEET;
THSNCH FOLLOWING SAIDCENTERLINE 143.2'6 ~"F`ELT"k~I.ON`G ''THE ARO
OF A CURVE TO THE RIGHT HAVING A RADIGS'OF 725°."7k' FEET; " '' "" "'
THENCE FOLLOW]NG SAID CENTERLINE S 3'7°3Ty B0" E, 51.42"FEET-p' '
T'BEhCB 540 11'12 W '325.76 FEET•
THENCS N 40°20'00" W~364.86 FEET;' '
TSESCE N 59°06f00" W '289.56 FEET;
1'HHNCS S 45°16'00° W 285.00, FEET TO A POINT ON THE CENTERLINE
O! SAID BUTTERMILK WEST ROAD; ~... ~ ,.... '.
TRENCH FOLLOWING SAID;CENTERLINE 61,79 FEET ALONG; THE ARC OF
A ~VB Td'"'1`8H° RI,GHT'HAOYNG A 1~D"YU"S OP' 19~i'I 4~1~t'EET; "TEE"~ " .•..
CNDRD OP WHICH CORVE SEARS N 4TY-j `~4"~t~~6`l.`7"9"'"'E'~E'ET, `
TBEIQCE N 42.22'08"~E 463.55 FEET TO TffE"PO`YNT 0"F ~°EEGYNNING;
CONT112NIHG 5.071 ACRES~'MORL OR LESS„:" "'-` "" ,"'" ~....
i
• i
1 '
D
U~3(l~sJ7
~ ~ ~~~ 0~ j' f/ /
~ ~ ~ I 1
~~
u
liL~/~ ~ ~' ~I c~ ~ N `
I'~ f
i
i 1
/'
-~/J /
'_
~/
I
I
I
/ II
~~
~\,`~ O
`O ~ /
X / O I / ~'
~ v
-
~
i ,I
li
\ Kai ~
~
_- 33b
\`
`
~,
~
..
~
d.. ~ ~~ I°~ '
~ ~~Ob
~ b,
~ _____._ q ' 11
G 'Al ~
\
'_ -- ir'_ a TY
/` z
- ~r„!
~i ~/
~_._ _,
sv
/ ./ I.~.
„t _ N,srroNAt_
~ ~i ~
n. b ' "t U
>i ~
~ ~' ", n
A
~y ~ O
{ "x ~ ~ ~ ;7 .~..
`
~ ,
n '
__
~ i.
~.p
/
~i -
I ~ ~ ~.~
' \
'~V / ~ li ~~ '~
O ~ ~`
'//
/~ ~
\\ ` ~ / ~~
/ ~ / ~'.:I '.
\
' '
O
~~~ >,^ i
_ `
~ \%
l l ti
,n_ Vlt
I
,L
s
P li
/i
~// ~S I ~
I
1 ~~ V
i "~ °. ~IA
~
`
\,
U ~
~I _~
I
v-.FY\
4> j ' ~ -- ~ ~~ ~ ~„ ~~
b YI177~ I' J /~
K / v I I° A
r 1
a ~ m,
i. ~ ~~.
~~
,_...
~~
J
..
,
~ „ _
~~ .....
...
~ I .
r ~
i Jj
,. 1n Q
~~:tff,7
,.~ - -
. _
~ ~~''@~
"---
__~. ,-
~ ..~ I ~' ~~~
~~f1 9
~ r~
i
1 1
1
M ~
U ~
N
Q $ ~'
i
__..j>
~'
p
~~
ice:
///
/~~
Cwlll
a
~,
_--
.,
X N
~,
U
i
N
~ ~ _
N
W
/~, X
X
`---
~ ,__-- ,
~ x ' :~ ~~.
m
~ ~ , .~ i.
I N /
X M ~
N
~~ ~
,,` X
•~~
~~ ~ ,
~u
'..
L.. _ ~,.- I ~..
z
a~ ~
s
.r%
`~ o
~.~`~?o~
~ /~ ~?i
/ ;.
~~ '
~~ ~.
m
~~ /
~ is j~ we
/ / ~'/,-
/~n / /,'// /i~/ /~
/ a o ~ , i ~ /%/,~j/~/
~ ~ - _ a
//mss 3 g~s~
i/ 4 ~ -
_ ~~
I 3p°T
3 ~ ~~'"
F~ ~ g
_: ~ ~~~-
Paz
a S~ Y a m ~pp F `'~.
C 9 r~OW W~ J
W
O : `afo ~FJg ~~
~i 7>° s°Fg4p
~ ~ ~'$ ,99?a E2
R
i~
~~,
r ;j
n
rt;
I
- f
y
a..
a'
aNl ~
Wg
~'_'
J'~
~o
sa Q(;(~(~'~Q
g~,
f~ ,.,
~~ ~ ~:;.
.-- Recorded at Z•~ o'clock ~~-~~~
Pox 5~~ Pac~8~6
f2eception No
SILVIA DAVIS PITKIN"COUNTY RECO`RDEh"`` ~'
N OF THE PITICIN COUNTI' PLANP°1~YG° 1D'~"Z~'~7TI~G7" COS I N.: ~~ ~F~ m ~ rt , {
RESOLUTIO GRANTING GEOLOGIC 1041 HAZARD APPRdVAL' ' j
I
TO THE BRUCE 1041 APPLYC~i~'IO`N `;; ""` ~' ° ..i. -. r
Resolution No. gg-~
WHEREAS, Robert Bruce did submit a 1041 Geologic Environ-
mental. Hazard Review to Pitkin County for consideration before
the County Planning and Zoning Commission (hereinafter "Commis-
Sion"); and
WHEREAS, the Bruce Parcel is located on the Buttermilk West
Road and the location is specifically described in Exhibit "A";
and
WHEREAS, the Commission did consider the application at a
duly nptced public hearing at their regularly scheduled meeting
on January 5, 1988.
NOW, TfIEREFORE,` BE IT RESOLVED by the Commission that it
does hereby grant 1041 Geologic Environmental Hazard Review
approval to the Bruce. 1041 subject to the following conditions:
1. Prior to the issuance of a building permit for the
single-family house the applicant shall prepare '~ itl41 '
environmental hazard review plat suitable for recording
depicting the proposed building envelope and all of the
conditions which appear below. The applicant will also
submit a $l0 check payable to the Clerk and Recorder of
Pitkin County to cover the cost of recording fees.
2. Excavation work on the site for corsstruction should be
completed in the same season°in which it is initiated'.
3. Soils engineering studies should be completed and
submitted to the Building Department prior to the
issuance`of a building permit in order for the Building,
Department to evaluate the foundation.
4. The surface and subsurface drainage plan shall be
reviewed by a certified geologist and a letter certi-
fying the system shall submitted to the Building
Department prior to issuance of a Building permit.
. _ ,.,~
„,
e*"'~;
Resolution No. 88-~
Page 2
': ~ ~~ p' ~
Bonk 555 FaGEU~~
5. Perimeter foundation drains Should be designed to
daylight northeast of the home toward the downhill
side.
6. The leach field for the septic system should be placed
at one side of 'the house, but not directly downhill of
the structure.
7. The design of the house should incorporate good
subfloor ventilation to prevent the accumulation of
radon gas in the house.
$. Keep all roofs clear. of debris.
9. Roof coverings shall be of a noncombustible Under-
writer's Laboratory approved material.
10. Keep weeds and debris at least 10 feet away :from the
base of your home.
11. Do not park any motor vehicle in tall dry grass ,(hot
muffler may start fires).
12. Develop an external water supply for firefighting.
This can be a small pond, cistern, well or hydrant.
13. Stack firewood uphill or on a contour `away from
buildings. Keep fine fuels away from stacked wood.
14. Place at least one 10-pound ABC-class fire extinguisher
in each structure. A 50-foot garden hose connected to
the hot water drain iy~ useful in a fire emergency'
inside the house.
15. Power and telephone lines shall be installed under-
ground. If not possible to bury lines, then keep lines
clear of branches.
BE IT FINALLY RESOLVED that the Commission hereby grants the
applicant (Bruce) a variance to reduce the front yard setback '
from 100 feet to 65 feet' and a variance to reduce the setback
from the right-of-way from 5o feet to 15 feet.
APPROVED by the Commission at its regular meeting on January
19, 1988.
,c..nz~ _ a. .n. i. ... r', 4 { 1; . ,~
d ~,. .. .... ., : 't
_.... ~ ~. In aLr:
ss,, BOOK 5~~ ~a~E868 ,
Resolution No. 88- J '
Page 3
PITKIN COUNTY PLANNING AND `
ZONING COMMISSION
APPROVED A$ TO FORM:
r-- ~
Thomas F. Smith, County
Attorney
GH,BRUCERESO
i'
-E3"~ ~j~ _
-_.
' , Chairman
~ A~~Fs t . ~5 ~2
Wes. Y.i+n
APPROVEI? ~S" TOI `~Cb'NTEIS~Z':
~r~ y
Alan Riohman, Planning and
Development Director
--
.., :-.,,~~ _. ,,~.~ ~~..we ... ...... .... ._ is. ,J
... . , ~., ., ...ri..,
ATTEST:
.~
~.
,?
Minutes
Pitkin County
Board of Adjustment
February 23, 1988
Members Present: Kandi Shaffran, Acting Chairman
Robert Miller '
Peter Dobrovolny
Melinda Pearson
Joe Zanin
Patsy Newbury was present to give staff recommendations. She
introduced the Board members to Chris Co3~rad, the new Pitkin
County Zoning Enforcement_Officer. He would be replacing her as
the advisor to the Board upon her retirement.
Shaffran called the meeting to order.
There was n'o one present representing the Aspen Congregation of
Jehovah's Witnesses. Miller moved to table Case # 8$-02. Zanin
seconded the motion. All were in favor. The motion carred 5 -
0.
Case 88-03 - Robert Bruce, West Buttermilk
Jim Curtis was present representing Robert Bruce. Bruce
owns a 5 acre lot in the West Buttermilk Sub didsan'. He is
planning on constructing a house this summer. Curtis explained
that the lot had been legally created but it was presently a
substandard lot zoned AF-1. On 1/5/88, they had received `1041
approval from the Planning and Zoning Commission. They were
~, .,.: ..
requesting a 35 ft. front yard setback 'vari'ance to tiuild on the
flattest part of the lot. The Planning and Zoning Commission`had
recommended that the variance be granted. Curtis s't'ated that
most of the setbacks in the surrounding neighborhood range'
between 50 -75 ft. The suggested setback of 65 ft. would be
consistent with those in that area. Zanin made the motion that
a 35 ft. front yard setback variance be granted due to down
zoning and topographical hardship. Miller seconded the motion.
All were in' favor and the motion carried $ - 0. Sh'affrati moved
to include the 15 ft. setback variance from the collector"street
in the variance granted. Miller seconded the motion. A1T were
in favor and the motion carried 5 - 0. 3'he motion now reads: a
35 ft. front yard setback variance and a 15 ft. setback from the
designated collector street be granted due to down zoning and
topographical hardship.
~~ ;,. ~'
Roger Long and Terry Badger were present representing the
Aspen`Congregation of Jehovah's Witnesses. Shaffran moved to
remove Case 88-02 from the table. Long began that the sign was
to be 18 inches high by 4 ft. wide, with pillars on"eith'er side
and a brick veneer along the sid
placed about 2 3 u the berm thaes and bottom and it would be
/ P "t is"a'lready'constructed.
Pearson asked how high the berm was. Long replied that i~ was
between 4 and 6 ft. ; at its highest point 'it"6'arely" reac~i'es `tie
height of Highway 82. Miller asked if it was going to be"'
illuminated. Long replied that it would be lit with flood lights'
that go on when the sun goes down and x•emain on until l0 p.m.
Shaffran read into the record a message from Shirley"Henley, an
adjacent property owner. Henley was opposed to the placement of
any kind of sign. She felt the building `shouldnot'have'aeen
allowed in a residential area and was also opposed to a sign
being permitted. After some discussion, Zarin moved to approve
the placement of the sign for the Aspen Congregation of Jehovah's
Witnesses. Pearson seconded the motion. All were in 'favor. The
motion carried 5 - 0.
- rranx montaloano -
Toni and Steve Ingram were present representing Frank
Montalbano. Montalbano was requesting a 80 ft. front yard
setback variance and a 10 ft. side yard setback variance due to
the steepness of the lot: `Ing'rain explained 'that due to the
steepness, there really is only one place'to build on the 'Iot. A
nei hbor, Dr.Tom Roess was present. He was concerned abort how
g
proposed residence wou
close the y Id be to his house. ", He felt 20
ft. from the road would be ver 'close. Ingram explained that
was from the property line, which was s'om'e 'distance from the
road. Ingram assured him that it would be approximately 30 ft
hood.thNewburyaaskedmaboutt~fttherehwouldubesebeuthPearsonorr
plowing snow. Ingram stated that there would g g
wondered if
was too close to the road. She also didn't think'a
side yard setback would be necessary if they built in the'build-
able area. Ingram said if the house were moved it would cut down
on the views. Pearson questioned whether they should be`protect-
ing the rights of the lot next to Montalbano's. After some
discussion a site visit was su day,
February 26, 1988'at 9:00 a.m.gandttheaapplicantlagreed to`have
the proposed house location staked for the Board. Shaffran made
until a site
mademotPearsontseCOndedethe8mot04on. All were visit could be
in favor and the
motion carried 5 - 0.
Ross Jeffery was present. He was under contract with the
.... .r ~. .~ rv .. .:.. Y: .. 4-~ i...,
d 1
i = >:,. ~;
present owner, Jacqueline Weaver, to purchase the lot. He was
requesting to change the approved building envelope. It is a
long slender lot. He was trying to avoid what he thought would
be the most probable alignment of the four lane Highway 82.
Jeffery has to go before-the Planning and Zoning Commission to
approve the change in building en"vel'ope. He was requesting a 50
ft. front yard setback variance. He had a water engineer
identify the 100"qr. flood plain, and the proposed building
envelope would not be in 'the floodplain. Ross realized That any
variance granted would be subject to 1041 approval. Zanin made
the motion that a 50 ft. front yard setback yaranae be granted
contingent upon the approval of the present homeowner, the
property and Zoning Commission review and the sale of the
Planning and was due to topography. Pearson seconded the motion.
All were in favor and the motion passed 5 - 0.
John Wheeler of Caudill Gustafson Ross, was present repre-
senting Aaron and Dorothy Podhurst. Zanin stated he would like
to abstain because there was a possibility he would be building
the addition. Wheeler explained that they wnre'regttestng a 5
yard reduction in the side yard setback. A 15 yd. setback is
required in the R-30 zone. Shaffran read into the record a
letter from the contiguous property owner stating that he"had no
problems with the addition as planned. Wheeler had some''photos
of the site.. Wheeler stated that because the side yard was
adjacent to an AF-1 parcel owned by the City 'of Aspen, it would
not affect the other residential ~`
property owners in the sub-
division. The area for the proposed addition is generally flat
so the natural grading and vegetation would b,e preserved. There
was some discussion about the fact that the property was dawn
zoned and the encroachment would not be any greater after the
addition. Shaffran pointed out that the variance would have to
include 3 ft. for~the eave. Dobrovolny moved that a 5 ft. side
yard setback variance be granted from the closest point of the
building (the eave not project 3 ft. beyond that point), due to
down zoning. Pearson seconded the motion. Zanin abstained. All
other members were in favor and the motion passed 4 - 0.
Gaard Moses was' present representing Jack DeBoer. He was
requesting approval for the placement of a sign along Highway 8Z.
He had designed and would be constructing the sign. He described
the sign as a double faced sign constructed of 2 inch redwood and
t e ma
in copy and arrow would be maroon on a tan background. The
placed'f the sign would be 6 sq. ft. He stated the sign would be
just past the $us enclosure. Pearson'felt that would be
confusing. Moses explained that they did not own the property
3
,.
,:
closer to the turnoff. There was general agreement that the sign
was going to be a very confusing directional, `-sign. D'obrovolny
asked about the height of the sign. He explained that the sign
could not be higher than 8 ft. above the center line of the
highway. Pearson felt it should be kept away from the bus stop.
Moses didn't think DeBoer would want it near'the bu's stop either.'
Zanin moved to approve the placement of a sign that conforms to
the code. Miller seconded the motion. All were in favor and the
motion carried 5 - 0.
Zanin moved to adjourn. Miller seconded' the motion. All were in,
favor. Meeting was adjourned.
Respectfully submitted,
Secretary C%tC>J~~,~3 Chairman'~-
Date
Joe Zanin moved that the following be adopted:
BEFORE THE' BOARD OF ADJUSTMENT ,
OF THE COUNTY OF PITKIN
STATE OF COLORADO
RESOLUTION_N0. 88-03
Robert Bruce - West Buttermilk
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 TitleyII, Section
16-1.3, Pitkixt 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
ollowing findings:
makes the f,
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_snbstan-
tial detriment to the publicN~~we~fare 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
35 ft. front yard setback„variance and~a l5 ft~ setback variance
from the designated "collector street" be grante~~~~'ue~to~down~
zoning.
Additional conditions or restrictions;.
WARNING: Any violation of the terms of this resolution may
result.,. ,~- ._...
in rehearing and possible revocaton.y
Robert Miller seconded the.. adoption of the foregoing Resolution.
The roll having been called, tlie'vote wa"5 as follows:
_ - Robert Miller - yes
Peter Dobrooolny yey'ea 'Melinda Pearson ='yes
Joe Zanin - yes
the Countytion was .adopted by vote of the Board of Adjustment of
of Pitkin, State"of Colorado.
DATED: February 23, 1988
The Board of Adjustment of
Pitkin Gounty, Colorado
Attest:
5ecretar'y
,;~e~,;,~ Chairman