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PITKIN COUNTY
'~~~? ' BOARD OF ADJUSTMENT
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DAT$ J / ~ a ~ 19 OASE # 88-21
APPLICANT_ ' /pt~C~ Ll~C~S ADDRESS~~~~Q~ S,q~g~~je<
OWNER_ ~ ADDRESS 1~ ,
LOCATION 0'F PROPERTY ~ y~j ~pc-l.b~\1~N; ~lLl_.C
Any pertinent data must acco~np~~y this application, and will be
made part of this Case #
The Board may return fhis application if it does not contain all
the facts in question. Applicant's description of proposed
variance showing justification:
~S
~ F-~
Applicant Signature
Provisions of the zoning resolution requiring the Zoning Official
forward this application to the Board of Adjustment 'and reasons
for not granting a building permit:
Ste L~ f1L /vaT~CI_,
Zoning Official
Date permit rejected S/6 ~~ Board decision k-;~'
~ A filed 5ll0 4
pplication ~., Date Fj ~~
Notices mailed_ !~ ~}~„~ Secretar
Y
_ _ _ ~~
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N"0'h~I'CE'"0F PUBT.IC HEARIP7Ca '
BEFORE THB..P'ITHIN COUNT B ARD Ok' ADSUS'IMEN
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TO ALL.'PROPERT'Y 0 HERS AFFEC FsD BY THE TiEQUES'l~~D'+2:`ON't1~G'OR""QSE';
VARIANCE, bES~CR2 .~,,,,,, m.,,
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,t. ,to- Pztkin Cotx~ty Resolution -'o t,,~7ti~ne 5, 19x5, as
Pursuaca „~.~
amendeii, a PubTac Hearing wi"11 be held ~n the,~bistri:ct Co r't '
M- gr~..+.i.y. T`n:T"~5 M'h.+SLS+9b AKdV
Room, pitkin'County-Court House; Aspen,"Colorado, (or~at s~i,c
other 'place.as;,the,_meeting,may then be'ad,yourne'd~'"'to`consider,wan
. ~...„..,~ ...., ,.~ a , ..
application ,f,i~.Iedmwith the said.BO'u d o~`""Adjustinent requesting
authorYty far variance From the pro, isions' 'a _ ~"~"ie "b°oun"""Lo'ning
" -
... .vyN ~-",h.r~h4hN ...~ i " ~ ~
Resolution.
A1..1 persons 'aff'ected by the p`r'~sptssed varx~ance"ar,"~e invited to~
appear"and:~tate tt~eiY` views, protests or o"~'~ections:,, If, you
~~~~
canno,t,n~ ~ ~ g
state 'aPPeer Pex"sonally atrosixvch meeting: ~he~uYiiaverobuection~to,
your v~i_ews by ~et'~er', particularly i'f yo j
such variange,'as the Board of Adjustment will give serious
con`sid'erat}on to they apanxons o~ ;surroncCing p'risperty owners aitd ^
ww.~, ...,k„" , ..
other :affected, in tec3zng'tiahether" to,`g'rant or,-deny t`~ie re`gixes£' '
for var.ianc~?. " ~ ~
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THE PAEtT,ICULAR'S OF THE,. HEARING AND ~OF 'SHE' RERT3ES'IED 'VARIAN E ARE
Data and tip!?...of meeti~n,~: , MaY,,,31, "19$8 at 5 15 ;p. m. " '
Name a~'d Adt£ress ofw~.Ppiicant for Varzan,ce~ i
Doug Lucks
P .'0 Box 3 315' .,. u r ~ ...,~ ~, .,
Aspen;"'C'0 $~812'~ ._.. ~, ~ ~ "
Location of',P,"roper'ty nr Desari~tioq' '-
Lot 43', `Ha1,"lan 1'~a ~Is a~ ~a„s~,1`~"'aizbd2visi p ,ro, .~ ~> - - =~w~:
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Pitkin' County, C-olarado
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Variance Requested.... .. ,_,., "' :: ~- ~_,,. :'.
25 ft: front yard setback,varianceand ~~2ft~ in sida'yard
setback. variance,. v .._, :";,....:._, ;u .~. . ,~.. ,.m
.,, ~ ,.~._ ,,~~.., ~...a,.
Duration of, Variance: Perma~r'ent: X% ;Temporary` ' " FlM.,w- ' ., ' ^~
4
VT~Mr""+WnrRMN.Y n'"}~+Cm r $~~s~'»tT"^eLf ,k"YxH
Condition: -
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THE PITKIN COD'N`'tT' B09RD b'F ADJ'TtSTA'IENT '
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Evan `~'u2'l, G"~"arrman "~
5'17 Esst,H'opkineAvenue'„ ~ ` '~S"t~6 E'`as~ li7~airi"SE`t~eeb a
Aspen',"~olowedo 8'1'1'1 303/95=5573, Aspen, 4~'o'Yorad"o'`~'~""
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Bureau of Land Management
50629 Hwy 6 + 24
Glenwood Springs, CO
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cannot appear personally at sucn meerrng, tnci. you ae~ ~r~ed to
state your views by letter, particularly if you have objection to
such variance, as the Board of Adjustment wi17 give 'serious
consideration to the opinions of surrounding ''property owners and
other affected in deciding whether to grant or deny the request
for variance.
THE PARTICULARS OF THfi BEARING AND OF THE REQUESTED VARIANCE ARE
AS FOLLOWS:
Date and time of meeting: May 31, 1988 at 5:15 p.m.
Name and Address of Applicant for Variance:
Doug Lucks
P.0. Box 33;04
Aspen, CO 81812
Location of Property or Description:
Lot 43, Holland Hills at Basalt Subdivision
Pitkiri County, Colorado
Variance Requested:
25 ft. front yard setback variance and 22 ft. 6 in. side yard
setback variance
Duration of Variance: Permanent: XX :Temporary
Condition:
THE PITKIN COUNTY BOARD OF ADJUSTMENT
4~'a,,.,. c-~~tz,L
Evan Gull, Chairman
offices: mail address:
5'17 East Hopkins Avenue 506 East hAa~n Street
Aspen, Colorado 81611 3'0$/92'S`-5973 A"span, ~olo"rac~o`~'1'~1`1 '
--,
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May 12, 1988
To those in concern:
As a property owner adjacent to lot fr43 in Holland Fiills, I do hereby
support Doug Lueks request for the attached variance review.
37
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May 12, 1988
To those in concern:
As a property owner adjacent to lot #t43 in .Holland Flills, I do hereby
support Doug Lucks request for the attached variance review.
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To those in concern:
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~,
May 12, 1988
Asa property owner adjacent to lot fi43 in Holland Flills, I do hereby
support Doug Lucks request for the attached variance review.
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To those in concern:
Asa property owner adjacent to lot X43 in Holland Hills, I do hereby
support Doug Lucks request for the attached variance review.
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May 12, 1988
To those in concern:
As a property owner adjacent to lot ~i`43 in Holland Hills, I do hereby
support Doug Lucks request for the attached variance review.
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May 12, 1988
To those in concern:
As a property owner adjacent to lot #r"43 in Holland Fiills, I do hereby
support Doug Lucks request for the attached variance review.
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To those in concern:
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May 12, 1988
As a property owner adjacent to lot x'43 in Holland hliils, I do hereby
support Doug Lucks request for the attached variance review.
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/, May 12, 1988
To those in concern:.
Asa property owner adjacent to lot ~r`43 in Holland Hi1)s, I do hereby
support Doug Lucks request for the attached variance_ review.
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ASPEN PITKIN RE~'101~~
~:`~„~C"'!~L'~Cf~G D~P~kITIVI~NT
NOTICE OF PUBLIC HEARING
BEFORE THE PITKIIr`COUNTY BOARD 0'F ADJUSTMENT" "` ~
VARIANCERDESCRIBED`NB'E"T,OW`: FECTED BY THE REQUES'TE11"~ ZOI~INGA~O$ iJSeE" "" ~
Pursuant to Pitkin County Resolution of June 5, 1955, as
amended, a Public Hearing will be he Td in the District Court-""`
Room, Pitkn 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 requi?sting
authority for variance from the provisions of the County Zoning
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 deciding whether to grant or deny the request
for variance.
ASEFOLLOWSULARS OF TFIE HEARING AND OF THE REOUES~'E"D VA~FtIAIVCE' XT2'E"' ~'
Date and. time of meeting: May 31, 198$. at 5:15`p.m.
Name and Address of Applicant for Variance:
Doug Lucks
P.O. Box 3304
Aspen ,_, CO 81812
Location of Property or Description:
Lot 43
Pitkin~CountyndColoradot Basalt Subdivision
Variance Requested:
25 ft.'front yard setback variance and 22 ft. 6 in. side yard
setback variance
Duration of Variance: Permanent: XX :Temporary
Condition:
~~, ,.~,: =r= , a ~. s.,. - ~ I ~ .
THE PITKIN COUNTY BOARD OF ADJUSTMENT
Evan Gull, Chairman
offices
517 East Hopkins Avenue
Aspen, Colorado 8181'1
303/925-5973
- mail address:
506 East Main St
Aspen, Colorado E
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Minutes
Pitkin County
Board of Adjustment
May 31, 1988
Members Present: Kandi Shaf£ran, Chairman
Peter Dobrovolny
Melinda Pearson
Bob Miller
C ris Co
called t'nrad was present with staff recommendations. Shaffran
he meeting to order. There were no minutes to review.
There was. a letter from Evan Gu11 resigning as chairman 'and
expressing interest in remaining on'the board as an alternate
member. Shaffran mentioned that there had been two other
applicants interested in serving on'the Board and she hoped they
could be appointed by the neRt meeting.
Diane Schweiner and Dick Rather were present. Conrad informed
the Board that he had made a mistake in his earlier calculations,
the sign was only 3.25 sq, ft. over what was allowed by`corle,
not the 13.5 he had originally thought. There was some discus-
sion about the fact that this was the third sign they_are
requesting and whether a variance should be granted. Rather
brought up the fact that the sign was not visible from the
highway, in fact he didn't think it was visible from off the
premises and showed the Board photographs to illustrate that
point. Conrad stated that it was questionable whether they
needed a variance or `n at, if the sign were not visible. Conrad
s owed the Board a plan of th
the awning in relationship toethelbung which showed the scale of
Dobrovolny felt that most of the signkcodetwaseintendedlfornsigns
visible from Highway 82. After discussion, Shaffran moved to
approve the sign as submitted due to the fact that it is rrot
visible from Highway 82 and s~all not be placed in such a manner
as to obscure the vision of pedestrian and vehicular traffic and
not constitute a hazard. Miller seconded the motion. All were
in favor and the motion carried 4 - 0.
Steven Shute was present representing Rocky .Mountain Natural
Gas. Shaffran moved to remove case from #88-1? from the table.
Dobrovolny seconded the motion. All were in favor and the motion
passed 4 - 0. Shute explained as part of their safety and
general upgrading program they were planning to build a new town
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border station for Aspen and include in that one, facilities for
Snowmass''Village. This station would measure the gas and reduce
the pressure before it entered such highly populated areas.
After two years of research they felt the proposed .site was the
only possible site. Shute continued that they were precluded
from the other side of Highway 82 because that was the most
g
phebable•ali n~ent of the enlarged highway. Shaffran asked about
possibilit of a car hitting the building from Shale Bluffs.
Shute stated that it was impossible from one way and highly
unlikely, if not impossible from the other side. Shaffran asked
about emissions. Shute replied that the only emissions'woizld be
fram a flue; it is required to heat the gas before it enters the
regulator. Shaffran submitted to the rec'or~i a letter from
Suzanne Casket', Chairperson''of the Clean Air Advisory Board
supporting the location. Shute explained that they had gone
before tYe Planning and Zaniq Commission recently. He stated
_.
that the had found a 16 X 24
log''buildng that they thought
would be more appropriate than any of the building designs that
were submitted
architect or a He continued that they would hire a landscape
regular architect to make sure the building would
be the least obtrusive. Shute continued that he had done much
soul searching and could not recommend that the building be
placed underground, due to the equipment. It would have the
potential for a gas leak, In a room that size would only take a
matter of seconds and quick exit from the building was important.
If the buildin were laced undergroun
• gg p Y d it would require two
exits and a loo drivewa Shute was asked about the proximity
to the highway. Shute stated that the present one was less than
10 ft. off the road and that most of the ones they had built are
close to the road and they hadn't had any problem with them. He
thought it was preferable for the station to be closer to the
highway rather than close to a permanently occupied subdivision.
Peter Van Domelan, representing Walter Milts was present. Walter
Mills was also present. Van Domelan stated that Mills has
agreed to''grant the easement. to Roclcy Mountain Natural Gas for
4
requestsrphatsthP buildin nbeobjection to the location. He
visual im act be minimized. Theyswouldefeel most comfortablethe
with a topographical map. Shaffran asked Mills if he still felt
as he did last month. He stated that Van Domelan had expressed
his feelings. Conrad stated that they had been working on this
for a long time. He brought up the question of a public utility
the fact that they were required to provide public service.
Shute stated that the building would be located 88 ft. from the
guard rail and 62 ft. from the right 'of way. Shute explained if
they moved it further from the highway the building would be
visible for 1/4 mile, in the proposed location the building would
be visible for only about 3 seconds at 45 miles per hour.
5 affran f
not the vlelt that public safety should be their firs concern,
'sual impact, but tucking the building in would help.
Shute again explained that they-were limited by the location of
2
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the existing pipelines. Pearson asked if this was just a
em orar
reminded the P.oard that a hardshi needed to be demonstrated.
This hadybaenuaddresseduin aPletterthat it was not. Conrad
Dobrovoln su to the Board from Tom Smith.
Y ggested a site visit t'o determine it there were any
sitervisitecouldsbe sche`duledmovDob'to,.table.Case ~$$-1'7 until a
All were in favor and the motion rovolny seconded the motion.
passed 4 - 0. The meeting was
scheduled for Friday morning at 9:OD a.m. .Mills and Shute both
said they would be attending.
Coco iFOO_nn „ . _ _ ~. u
Robert Snyder was present representing Rene Tornare. He was
requesting a ~l ft. side yard setback for the constrcrction of a
deck similar to 7 other decks constructed during 1987, ,;Only two
units were affected by the setback. The lot line was determined
to allow the project to be sold in phases,,.. Only 4 more decks
could possibly be built. After they were built the plan was to
amend the lat show the decks and r
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stated sh ~~ emove the lot line. Pearson
e didn t see what. the hardship is. Dobrovolny and
Pearson suggested having the lot line adjusted, so a variance
would not be necessary. Snyder explained that they only wanted
to amend the plat once. Pearson mated to deny the request due
to lack of demonstrated hardship. Shaffran seconded the motion.
All were in favor. The motion passed 4 - 0.
Doug Lucks was present requesting a 25 ft. front yard setback
variance and a 2'~ ft. 6 in. side yard setback. Lucks asked if
the Board had received letters from all the neighbors. The
following neighbors: Barbara Schutz., Arrita Glatz, Randy Troxel
and Noel Kelleher, Sue and Joe Schoeller had sent letters
g the
su g from the Holland Hi13f~ran also read into the
rePPodtiniether`ariance reque' is Home Owners Association
su variance. Lucks explained that since he had
submitted the application he had changed the orientation of the
house, but. the setbacks would be unchanged. He wanted to be as
far as possible from the other houses., He explained that there
was an irrigation ditch and he wanted to place the house to
avoid possible water damage. There is a history of irrigation
ditch breakage history. He explained that the proposed location
would obtain the best solar advantage. Dgbrovolny made the
motion to grant a 25 ft. front yard setback variance and a 22-1/2
yard setback variance from the
ft. side g north property line due
to topography and downzpnin Pearson seconded the motion. All
were in favor and the motion passed 4 - 0.
Case #88-22 - William Gerner~ 0287 Ao~tche Trail
William Gerner was present, requesting a 21.1 ft. front
yard
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setback variance. He exp~aneParkahihe wanted to build a garage.
The area he had been usin to s cars was right behind the
house and was in the front yard setback. He showed the Board
pictures'of the area. He stated that', building the garage at. the
30 ft. setback would require remdvi
q ~ 'ng many mature oak trees and
re u re extensive excavation. Lerner sated that the lot sloped
quite a bit and if he were to place the garage there it would
q ~ ive cutting. Dobrovolny stated he was having'
trouble seeing cohere there would be extensive excavation.
Pearson agreed. Dobrovolny stated he couldn't really see a
hardship. Lerner stated that you really couldn't see how steep
pictures. Shaf
Pearson feltrthetapplicant should groan suggested a site visit. `
vide a topo if they were
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re uestin 'a varianceyfor a topographical hardship. After
discussion Bobrovoln moved to table Case #88-22 until a site
visit could be made. Shaff'ran sec!ondedVEhe motion. The motion
passed 4-- 0.
Robert arid'Yvonne Davis were'preseh;t, requesting a 70 ft. front
yard setback variance and a 15 ft. side yard setback variance due
to downzoning. The Davis's felt they were conforming to what was
consistent with the neighborhood. The downz~~~ng aadOttrfde the
Davis s lot unbuildablP. Shaffran moved to t. front
yard setback variance and a 15 ft. side yard setbac}: variance due
anddtheznning. Miller seconded the motion. A11 were in favor
otion passed 4 - 0.
Conrad explained that this case had been withdrawn.
Case #88-25 - John Ukraine Lot $4R' Starwood 14
Jim Columbo was present representing John_Ukraine, requASting a
40 ft. front yard setback variance.' The Tot currently has an
existing main home and a detached caretaker unit. Both struc-
tures were built iu 1974. Stice then the property has been
downzoned. They would like to demolish the main house and
replace it with a new hgme. They wanted to put the home in the
same location to minimize the envirantnental impact to the
property and._it would be difficult to`itiove the house back, due to
the topography of the lat. Conrad stated that the Starwood
Homeowners .Association felt that if they forced the new house to
be built up slope tktey would have an even bigger problem than if
the variance were granted. Pearson `moved to grant a 40 ft. front
yard setback variance due to downzoning. Dobrovolny seconded the
motion. All were in favor acrd the motion passed 4 - 0.
1 tW r
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Rory and Barbara Jane Balance were present. Mrs. Salance
explained that they had come before the Board last month and a 25
ft. front. yard setback variance had been approved. Due to a
small change in the building site and an erroneous surv'ey'"the
setback granted was not adequate. They needed a 50 ft. variance
to place
site chostheir house where they wanted and still comply with the
en by the 1041 review. Stewart Eagerly, Ted Flanagan
and Lisa Olsen, neighbors, were present. Edgerly explained that
he had talked to the Balances before they purchased the lot and
it was ab'vious that a variance would be necessary. He continued
and due tdn't realize that the original variance was for 25 ft.
o t e fact that he was leavin for Aust
daytjum eidn trattend the last meetin g ralia the next
had ~ y g• Now that the variance
p d to ~0 £t. he was ver concerned. He stated that he
had granted the Balances an easemenf. He showed the Board
pictures of the Balances lot taken from his lot. He explained
and the Y posed the:.. lot as a of sorts
pro used house was
the lotPhbEdgerlyhsu nested tiag to be ,placed gnetheemiddle of
$g hat £hey move the house up into a
more harmonious part of the lot. Salance explained the allowable
building area as determined by the 1'041 review. Flanagan and
Olson pointed out that the proposed location was not a an
advantage'cius site for solar gain.., Edgerly stated that he was
opposed tq the 25 ft. variance that had been granted, so he was
even more 'opposed to the 50 ft. variance. He felt it would
totally block his view and the house would be looming over his
house. Edgerly stated that. if there was no other place to put
the house 'they should conform to the setbacks as closely as
possible. The Balances aid not want to move the house, the plans
had been drawn 'and if the house were moved the house design would
have to be changed, she understood Edgerly's views, but they had
bought the lot and part of that was the view. They wanted to
place the house in the middle of the lot rather than on the side
of a meadow. Rory Salance stated that he felt that they had
tried very hard to accommadate Edgerly's wishes. After discus-
sion, Dobrovolny thought the Board needed more information about
the 1041 envelope. He stated he would be inclined to turn down
the variance and they would have to go with the first variance.
Shaffran agreed, and stated that the hardship was now of their
own making.. Shaffran suggested to the Balances and their neigh-
bors, that since they were neighbors, that. they should get
together and work out a solution. There was some discussion
between the neighbors about alternative, sites. .The Balances
agreed to let Onsgard or Conrad know if they wanted to be on the
agenda for the next meeting. There was general agreement that
the Balances should met with their neighbors. Dabrovolny moved
to table Case #88--26 pending the applicants providing the Eoard
with more information. Pearson seconded the motion. All
favor. The motion passed 4 - 0. The Saiances asked if they
5
were in
.. ~,
- ,:
could build on the old variance. Shaffran replied that they
could.
Miller moved to nominate Shaffran as the new chairman, since Gull
had requested that he be made an alternate member due to his
schedule. UoUrovolny seconded the motan. A11 were in favor.
Miller moved to adjourn. Dobrovolny seconded the motion. All
were in favor. The motion carried ',4 - 0.
Respectfully submitte\d,
Secretary'- ~~ "-x-'~
Chairman`
__ ~'/i 9/88
Date
E
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Kandi Shaffran moved that "the" f"ollowng '~ie~ ' """~ ' " '°
adoptedi'
BEFORE THE BOARD OF` ADJUSTM$NT
OF THE COUNTY OF PITKIN '
STATE, OF COLORADb ':
~ ,,
RESOLUT'ION`N0. 88-21 `"" '
Doug Lucks., Lot 43, Holland Hills Subdi"vision
WHEREAS, the subject property` is within the uninc'orpor'e"t"ed area'
of Pitkin County, Colorado; and.,, `'`
..
REAS, 'the Board of Adjustment is vested with the power to
grant or den """~ ~"
16-1.3 Ptkin~;Countyrcodee(LandvUseuCode}TandeCo'I; Section
'lorado Revised
Statutes, 1973, 30-28-118(2) (C); and,
E AS, based on the evidence prPSented the Baa
wing findings: '~"' "` ~ rd not Ac~justrient
makes the."folio
1,. Proper notice procedures, including the '
notification of aIL adjoinng'property" !'
Y P P ~„ „
owners, has been shown b the a licant'.
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 wi7T ",
not substantially impair the intent and
purpose of the Zoning Resolutions and the
zaningmaps.
NOW, THEREFORE,'BE IT RESOLVED that the applican't's request for
approval of 25 ft. front, yard setback variance and a 22='1/2 ft:°""
side yard setback variance was appro't+edrdue to topography and" `
downzoning.
Additional conditions or restrictions: '
_ ~.,
WARNING: Any v,olati,on of the terms of this resolution may
result an rehearing 'and possible revocation. ',
y,., .
Kan i Sha fran seconded'"
-.,,...
tzon. The, rolX hairin ~t'he ad`o tion of the fore oing Resolu-
g een called! the vote wasgas follot~s: `'
Kandi'. Shaffran - yes Melinda Pear's an - yes`j,_ '
Bob Miller -yes Peter Dobrovolny - yes
was ado ted b ~ '~
the CountytofnPatkin, State o vote of the Board of° Adjus`tment~of~..
The Resole; f Colorado,
DATED: Maq 31,'1988' The Eoard of"Adjustment of
Pitkin County, Color'ad4
Attesf:
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