HomeMy WebLinkAboutpitkin.boa.88.06DATE February 8, 19 88 CASE # 88-06
Caudill Gustafson ~2oss ' ~`
& 234 E. Ho kins (B
_._,. ESS Aspen, COp 8161bu
.w. ADDR 1 ox FF)
APPLICANT Associates Architects, P C
16200 W. Prestwic
OWNER Aaron & Dorothy Podhurst,_ da
ADDRESS Miami Lakes, Flork
.,
LOCAT'TON 0~'"'PHO`PERT~' "Lot S, Block 4 33014
Meadowood Subdivision Filing #1
madeppartnoftthisaCaset#accompany this application, and will be
SS 06
The Board may`returrr'this appl
the facts in question. Applic<
variance showin °"`""`"
g justification:
See:. Attachment A_.,
Appli
Provisions of the zoning res
forward this appiicatiox~ to
for no't granting `a"'~~uild'ing
tucion requiring the Zoning Official
. , , .,un~„~ _ ... ....~_
he Board of Ad~ustmenf~an~ reasons
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Date permit re ecte Zoning Officia G si
Application` filed d eM,,,Secretary~~-~`n~
Notices mailed
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I`O~VAL,,,,BUIL~~i~`G
ASPEN4PiTKIN ~t:~G ~,~,,~,
,.---,. NOTICE OF PUBLIC „HEARINGA , .: ,., _, ;,. .,
~,.
BEFORE TH8 PT'TXIN COUNTY,BOARD.,OF„ADJU
TO AL;L PROPERTY, Q~VNER
VARIA]+ICE DE,SCRTBED ,BE
~..aaa~ ~ „. „.,
... _I_
Pursieapt,,.,to Pitkan County Resolutxa'n of .June' 5_, ]955, as"
amended, a Public Tieariitg"'~'i~ll be held„~in th'e_ bistrigt~ OourtY ~,,~
Room, Pitkin County'Court.$ouse, Aspen,' Colorado, (or at suc~i '~
., ...,,
other" place 'as the meet}ng~ may` ti~en be~ adjourned} to consi"d"er an,
.. _, said _]bard o_f A,d~ ustment re'"''n"~ t,~~.~~,,.+. ~~ ~.
autho.raityofarivarxance from the„_provisions,oif the Copnquesting
ty'Zoning
Resol,ut_ion.
cannoAil~persons affected. by the. proposed variance 1are,xnyited to,~. _-
r and state-,their views, protests or objections If you
t.appear personally at 'such meeting, then you are urged to
s t a t e ., ..~.:,._.. w~ ». _ ,.. a
your vsews,,,,by letter, partiGU~ar1y i'f~ you hav~:.o'bjectzon to'
such 'variaiice;~ 'as' the Board; of `Adjustinen;t- iaill give.'"'serious, '
c;onsideratiun t,o~the,,,,op_inion's 'o"f. s'ur'roizndxstig'pTogerty ocan'ers and ',
r deny the regixest -~
other,affepted in deciding whether to'grant n
for var..- .__. ,_.....,, - ;...", ,. ~... ,:, ,~ . a.. ..
ianc.e..
THE. `PARTICLJL,ARS,, ,OF, THE,_ E]~E,1~RI,NG, AND' OF,' fiAE MRE4Ufi3TFDp C?AR~ANC~: {~RS ~,-.,~ , ,,
AS FO'LL'OWS:
.m.
Date_ and time,_of meeti'ng'. ' "February "2`3, '19$$ at 5;.i5~ ~~ '
. -.... _ ._ ~._.,~....._,,,.,~_...,....,..,rv._.._-...,....,..,..~.. ..~.,,.~,.
Name `and Add,ress,_.of ,-Applicant for Varance~:.._-, ._, , -,' ,,. _,,,-,,, __,,, ,
Aarorr'and;parothy'Podhurst -` -'
c1o 2'34 E. ' Hopkzns (Box "f"F'j.-:. -:; .. _. -
_ . - . , , :,
Aspen, CO $1611 -"`
i
Location,o,f Property or'Description: ;
L'ot 5, Block-4., Saleadowooi3°anbdivisions Filing # 1 µ
Variance Requested:
deyard'se
a 5 ft'. sx tback variance `''
Duration of;',:Variancei "'- '"1''erman,elst XX , -'- Temporary
Condition: „',
THE PITBIN"C"OUNTY BOARD OF'AD'JUSTMENT'
cy~:~__
....,
'Evan,Gull-,. ',Chairman p~}~~y,
Q e.3ll ~ . _... ,...,..
offices:' m'ail'add~iess:' _
S'17 East Hopkinia Avencr`e ~ 5f56;;l=ast Nfein Street
Asp'en``, -rblcfrado 8'16'11' 303/92-5973 ~Aspen, Colorado'8'16'1'1
PsTxaN
BOARD„__OF.
2/8
ATTACHMNET A
A licant s desert tion of pro osed variance showing justifcati
We are asking for a variance to the side yara sezoacxf ine ._
current zoning R "30 requires a 15"'",.side yar`d' `°The existing
building footprint pre'sent7.y sits `at 10' -,_0'",w+j-'from t e' '
..
property line as shown on the site plan. We feel the'var}ance '"
is justified for the 'following reasons
1. We are retaining' the existing side yard of 10' - 0" +J- far
... , .: -
the building footprint.
2. The side yard in question is adjacent to an Af 1 parcel owned
by the City of Aspen, therefore the variance does nom aff~ec+t~~ q* n ,,~, }, ,
other residential property owners' in"the I~'feadowood 3u
~.,,.~~~..a_._~". .._.._.,._
division: ..
3. The area„of_the,,proposed addition ,is located to minimize the
impact on the surrounding"°`residential property.
4. The topography at the proposed_'additon is generally flat so
. ..
the natural,. grading' ancY~vegeta,~ion of the site will be , "~„
preservedo _._ _
For these tea
request fora,
building foot:
3' - 0" from
face_of the: new addition '
~vwx o v.x sxr~vµKWxa.sx+w•4+SAvNyr r+ am'«wv wV US+ ~~.
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Applican~~ mature
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ergman, Carle
P. O. Box 1365 ~ & at rive' PericOm$ox 5harTes 15. $"~~"al~"
Aspen, CO 81612 Aspen, CO 81612
Colman Thomas .:.. ~ .,.... _,. ,
Patterson, 'Pa'ul 'f
8255 Sunset""~Ivd. P. O. Box 3905
Los Angeles, CA 90022 Aspen, °~t5""~"16'C"2 " `
Duffy, Mary .A, ._. .. _..~. ..._..,,_ Pico....3'o"~n.w, J ~..._....,.,. _...;. ~ __
.;..
P. O. Box 3fi52 _ ~;." ,O'; ,.fox' I06~~.~ ,.
Aspen, CO 816;12 As en, CO 8161'2 _ _ __, _.
P. ..
Hignett William '~~ ' ^' ""'
> Secrist, Dr'. Donald M
P'. o: Box B ~. d. ~o'x''6~i ._. _,.
Aspen, CO 81612,.
Aspen, CO 8167:'2
#~m v~y rm„xi ~fpv~.w~J i.h "b Y~ I^. ,m--2,~.c
Kaelin, Stefan & Anastasia Sy"or`bec, "F$uss'e"~~ N. &'8El'sie P
575 N. Mil1~ S"£~ee"t`~ "."" ~ ~~,_..__~.'qa Y w.~.,~~~~,.,~~.r. ,,a,~,.:......
Aspen, CO 81611 ge ace ~.~:~ a ~ „_.H,. ~ .,,.~....,,4--.
__ _ _ _ ..„.,bVillia.ms ~f~or~£`;'~`~A 1'~`~._.
Kuhn, Niklaus G & Gertrude 4ellin, Jacqueline "'s'
~.
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P. 0. BoY 8016 P. O~.'"1~`oz "5'~I2"7
As en, CO 81612.... ,.. ;., _ ... ,.
P Aspen, CO 81612'
Lary, M. S. Jr~
_. _.
0523 Meadowood
Aspen, CO 81611
;,
J~3,L..EtUiLCINGDEPARTMEN ~ni,
_..--- 5
~~ ° FEB 16 °
L 4,
1988
BiG 1~
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_.,
M. S. Lary Jr.
0523 Meadowood ~ •~Ls ~;' ' `
Aspen, CO 81611~'`'~:-.,.
NT
ING OR USE
1955, as
ct Court-
r at such ~
consider an
requesting
unty Zoning
Aspen, Colorado 8'16'1'1
re invited to
.. - --- ----- ----- ----• °--.----- -- --~-----__. If you
cannot appear personally at such meeting, then you are urged to
state your views by letter, particularly if you have ob,~ecton t'o
such variance, as the Board 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 THIi SEARING AND OF TAE REQUESTED V'ARI'ANCE ARE
AS FOLLOWS:
Date and time of meeting: February 23, 1988 at 5:'15 p.m.
Name and Address of Applicant. for Variance:
Aaron and Dorothy Podhurst
c/o 234 E. Hopkins (Box FF)
Aspen, CO 81611
Location of Property or Description:
Lot 5, Block 4, Meadowood Subdivision, Filing # 1
variance Requested;
a 5 ft. sideyard setback variance
Duration of Variance: Permanent: XX :Temporary
Condi.tion•
THE PITKIN COUNTY BOARD OF ADJUSTMENT
Evan Gu1T, Ohairman '
offices: mail address:
517 East Hopkins Avenue 506 East h7lairi'Str'eat
Aspen, Colorado 816'1'1 303/925-5973 ,Aspen, 'Colorado 8161'1
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RQ SOX FF
ASPEN PACIFIC GROUP, LTD.
314 SOUTH GALENA STREET
ASPEN, COLORADO 81611 U.SA.
TELEPHONE (303) 925-3900
TELE}C 4948991 ASPEN GROUP U[
TELEFAX 303.925-4193
February 9,1988
Pitkin County Board of Adjustments
c/o Building Department
506 E. Main St.
Aspen, CO. 81611
Re; Podhurst Variance
Dear Board Members,
,,
I.
I have reviewed the plans for the Podhurst residence, and T have
no problems with the addition as planned. Z see this as the most
logical building sight and feel that it will cause no impact on
me and I am the contiguous property owner..
Sincerely,
~- r ~" ,p f~ ,,/
David B. Berley
DBB/j la ~~~~"`
;. ~.. ~
cc; Caudill, Gustafson, Ross and Associates
r-
Minutes
Pitkin Count,v
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 Conrad, 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 no one present representing the Aspen Congregation of
Jehovah's Witnesses. Miller moved to table Case # 88-02. Zanin
seconded the motion. All were in favor. The motion carved 5 -
0.
Case 88-03 - Robert Bruce West Buttermilk
Jim Curtis was p g
owns a 5 acre lot in ptheeWesteButtermilk Subdiv:isione. Herise
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 1/5/8$, they had received 1041
approval from the Planning and Zoning Commission. They were
requesting a 35 ft. front yard setback variance to build on the
flattest part of the lot. The Planning and Zoning Commission had
recommended that the variance be granted. Curtis stated 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 5 - 0. Shaffran moved
to include the 1S ft. setback variance from the collector street
in the variance granted. Miller seconded the motion. All were
in favor and the motion carried 5 - 0. The 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.
l
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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 't he sign was
to be 18 inches high by 4 ft. wide., with pillars on either side
and a brick veneer along the sides and bottom and it would ba
placed about 2/3 up the berm that is already constructed.
Pearson asked how high the berm was. Long replied that it was
between 4 and 6 ft.; at its highest point it barely reaches the
height of Highway 82. Miller asked if. it was, going to be
illuminated. Long replied that it would be Iit with flood lights
that go on when the sun goes down and remain on until l0 p.m.
Shaffran read into the record a message from Shirley ~Te`n1ey, an
adjacent property owner. Henley was opposed'to the placement of
any kind of sign. She felt the building should not have been
allowed in a residential area and was also opposed 'to a §ign'
being permitted. After some discussion, Zap in 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.
Toni and Steve Ingram were present representin'$ Frank
Montalbano. Montalbano was requesting a 80" ft. fro'nt~yar"d
setback variance and a 10 ft. side yard setback variance due to
the steepness of the lot. Ingram explained that due to the
steepness, there really is only one place to build on the lot. A
neighbor, Dr.Tom Roess was present. He was concerned about how
close the proposed residence would be to his house. He'felt 20
ft. from the road would be very close. Ingram explained that
was from the property line, which was some distance from the
road. Ingram assured him that would be approximately 30 ft
from the road and similar to the other hoixses in the neighbor-
hood. Newbury asked about if there would be enough room for
plowing snow. Ingram stated that there would be. Pearson
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 buId-
able area. Ingram said if the house were moved it would cut down
on the views. Pearson questioned whether the shouYd be
ing the rights of the lot next to Montalbano's. After someotect-'
discussion a site visit was suggested and scheduled`~for'F`riday,
FebrParP 26, 1888 at 9:00 a.m. and the applicant ag~reed'to have
the ro osed house location staked for the Board. Shaffran made
_, .,
the motion to ta61e Case # 88-04 until a site vist'cauid be
made. Pearson seconded the motion. All were in favor and the
motion carried 5 - 0.
Ross Jeffery was present. He was under contract with the
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 envelope. He was requesting a 50
ft. front yard setback variance. He had a water engineer
identify the 100 yr. flood plain, and the proposed building
envelope would not be in the floodplain. Ross realized that any
variance granted would be subject to 1041 approva L Zanin made
the motion that a 50 ft. front yard setback variance be granted
contingent upon the approval of the present homeowner, the
Planning and Zoning Commission review and the sale of the
property and was due to topography. Pearson seconded the motion.
All were in favor and the motion passed 5 - 0.
.,iv~n •r v~eauo-
John Wheeler of Caudill Gustufson 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 were requesting 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 't he sub-
division. The area for the proposed addition is generally flat
so the natural grading and vegetation would be preserved. There
was some discussion about the fact that the property waS down
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 82.
He had designed and would be constructing the sign. He described
the sign as a double faced sign constructed of 2 inch redwood and
the main copy and arrow would be maroon on a tan background. The
size of the sign would be 6 sq. ft. He stated the sign would be
placed just past the bus 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. Dobrovolny
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 bus stop either.
Zarin moved to approve the placement of a sign that conforms to
the code. Miller seconded the motion. Ail were in favor and the
motion carried 5 - p,
Zanin moved to adjourn. Miller seconded the motion. All were in
favor. Meeting was adjourned.
Respectfully submitted,
Secretary
GiCrl-~,-,~ airman
Date
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ASPEN
NOTICE OF_PUBLIC HEARING
BEFORE THE 1'ITKIN 'G`0"UNTY `B OARS" OF"AAJUST~h1S1~T " ~''
TO ALL PROPERTY OWNERS AFFECTED BY Tl~h' RE'QI1ES"TB`D Z'§0$N'~'NG'"b R'"USB
VARIANCE, DESQI~IBEU "BE"LOW`i "" '
Pursuant to Pitkin County Resolution of .tune 5, 1955, as
amended, a Public Hearing will be held in the District Court-
Room, Pitkin County Court Rou"s`'e, Aspen, 'Cohorado, (or at such
other place as the meetin ma 'then be adjourned.) to consider an
3'
pplication filed with the sai
authority for variance from the Board of Adjustment requesting
e provisions of the County`Zon~ng
Resolution.
All persons affected by the proposed variance are invited to
appear and state their views, protests or objections. If you
cannot appear personally at such meeting, then you are urged to
state your views by letter, particularly if you have objection to
such variance, as the Board of 'Adjustment will give serious
consideration to the opinions of surrounding property owners and
other affected in 'de6iding whe£her to grant or deny the request
for variance.
THE PARTICULARS OF 'T11E"H'E`A'RING' AND OF THE REQUESTED VARIANCE" ARE
AS FOLLOWS:
Date and time of meeting: February 23, T988 at 5:15 p.m.
Name and Address of Applicant for Variance:
Aaron and Dorothy Podhurst
c/o 234 E. Hopkins'`(Box,'FF,) ., _.
Aspen, CO 81611 "
Location of Property or Description:
Lot 5, Block 4, Meadowood Subdivision, Filing # ].
Variance Requested:
a 5 ft. sideyard setback variance
Duration of Variance: Permanent• XX •T
•i
- emporary
Condition: ~+y'
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THE PITKIN COUNTY BOARD OF ADJUSTMENT`
~-VCS...
Evan Guil, Chairman
offices:
rrsail address:
517 set Hopkins Avenue
Aspen, Colorado 81611 "..Asp n~Co orado 816 t
303%925-SJ'T3"'.. 11
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Peter Dobrovolny moved that the following be adopted:
BEFORE THE )3bA$D 0$ ADJ'if'S`TMEI~'1''` ~ ' ` "'
OF THE COUNTY OF`"HITTfIN'
STATE OF COLORADO
RESOLUTION N0. 88-06
Dorothy and Aaron Podhurst - Lot 5, Block 4, Meadowood
Subdivision, Filing 1
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 Use Code) and Colorado Revised
Statutes, 1973, 30-28-118'(2) {C) apd;'~~
WHEREAS, based on the evidence presented, the Hoard 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"$es'olutons and the
zoning maps.
NOW, THEREFORE, BE IT RESOLVEb tliat~`tlie'applcant~'s request for a
5 ft. sideyard setback variance be granted due to downzoning.
A itional conditions ar restrictions:
the eave shall not project 3 ft. beyond the closest point of the
building.
WARNING: Any violation of the terms of this resolution map
result in rehearing and possible revocation.
Melinda Pearson seconded the adoption of the foregoing Resolu-
tion. The roll having been called, the vote was as follows:
Kandi Shaffran - yes
Robert Miller - yes
Peter Dobrovolny - yes
Joe Zanin - yes
Melinda Pearson - yes
The Resolution was adopted by vote of the Board of Adjustment of
the County of Pitkin, State of Colorado.
DATED: February 23, 19$8
The Board of Adjustment of
Pitkin County, Colorado
Attest:
Secretary
Chairman "
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