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HomeMy WebLinkAboutpitkin.boa.88.24 _ ~,, PITKIN COUNTY BOARD OF ADJUSTMENT DATE Mdy 13, 19 88 CASE # $$-24 APPLICANT The River Road Ranch Co. ADDRESS0100 E. River Ranch Rd. . ox OWNER Steve Main (923-47b~~ Woody Creek, Colo. 81656 ADDRESSSame as above. LOCATION OF PxOPERTY Lot 12-B Aspen River Valley Ranch, 0100 E. River Ranch Rd. Countv of Pitkin (See Plat) Any pertinent data must accompany this application, and will be made part of this Case # gB_Zq The Board may return this application if it does not contain all the facts in question. Applicant's description of proposed variance showing justification: Applicant has utilized property, together with leased acreage, for agricultrual _ purposes' (livestock grazing, hay production and horse boarding) over the past eight years and wishes to build a barn building which would accomodate eight indoor box stall areas that will provide for the specialized boarding needs and care of horses. The building will consist of 1800 sq./ft. (50ft.x36ft.) of space with an interior height of 12ft. from floor to truss joist. The over all exterior height will not exceed 20 ft.. The construction of the building will be of treated posts set into the ground on a concrete base with metal roof and wood siding. The building will be dark red in color with white trim to blend ih with the surrounding builings. The construction and materials used throughout the building will be of the highest quality and stand- ards to insure the value and integrity of property and the building itself. The location of the building is well within set back standards as provided by code. Applicant Signature Provisions of the zoning resolution requiring the Zoning Official forward this application to the Board o£ Adjustment and reasons for not granting a building permit: Steel-e~G z AI d71c~ Zoning Official Date permit rejected_~ llo ~ Board decision Application filed z d~ ~~ Date Notices mailed_~_SZ-, ~ Secretary- . . A;SPE1V~hIT~CIN ~cG10N;AL ,BUILC~tNt~ DE'IPAI~TMEIVT _ - .i[ ...fik..- P m'M+#.iL/r.d,SWda, tmu^uwf cr. - ..- ' - NOTICE 6F PidBLIC REA'R'ING...... ` B$FORE.THE.,PITKEN„COU,„r BOARD gF ADJUS;TIKENT N'C Y ..,, .. p.„ BY THE-_REQUESTED ZONYNG OR USE„w ~,. VARIANCERDESCRIBEDNHELOCdF~'~~TE ,. Pursuant to'Fitksn boiin~y, Re'salufiozz,__of Turie 5, `1955, as ' amended, a Public ;TIearing wild be ~ielet',~in `the '~"istrict""~'ou'r"~ .~:~. - Room,`Pitkin Coiznty'Court House, Aspen, Colorado, (or at such other place as the' m,eetz.ng.>nay then be acY,7ourned) fto cotisader an application f_il.ed,-wath.,_the said.~oard'o~"Ail~jixs"tm >~ reques'~ing,. r sJw` ...-.-ice 4.,..>.v_,r.~,Y-. ....,... authority for"variance from 'the pr"avisians of Ebe"County Zoning .... Resoliztion._; "' ' _ All persons affected by the proposed variance are ~:nvited to appear and state their views, prdtests_.or objectj.ons: If you cannot appear personally at such meeting, then you are urged to state 'your views by letter, particularly if you have~ob~'Jec'tion to' _.. - . such 'v'ariance; as'the Board of Adjustment wr7l g>ve serous` on ,to the,.oprnions of 'surrounding property owners and consideratz, other,affect,ed sn_'.deciding whether to grant or'deny the request ,~ for variance.. - ~ . .,. THE PAIiTIC,ULARS ,OF THE";T1E"AR'YNG"'"`Ai~D~"6F~`fiTiE `;Rh'~i71~'7'ED' VA.R~A,N;~E _AR'E ";; AS FOLLOWS: _ _ ...~ Date and. time o;f, meet,ing: May `3l, 1988 at "5:15. p.m_"_ ,.. ,u..,,.._,=---.;:,., w"_.-,,;._...; ,...,.., Name and 'Address of Appllcazit for Variance The-River Road-Ranch 'C'ompany ~`"'""" "'" ' P.O. Box, 9 ,;r~:.:,~.:.,> ...., ,:,::._....::-~,,;,.,.:,., ..., s.„...:,., _ .,.:.., Wo'odY 'Cr'eek; C0 sl'6`~'.1,..:-.v..,„ -,. ;-...,.,„...,....,.,. _., Location of ;,Property or'Description: La't 12-8 `5 As "en River p "Vailey'Ra`nch'; Sub.did'i's'ion "' ~"""' Pitkin County, Color'ailo " ..Requested: ., -._- approval to;,construct aiz l8Cl0 'sq.'ft. barn'wi'tfi an'eater"i'or' ' height not to ex~ee;d'"$b~,~~":, ,iv~fiere a;':I.2,'ft,~;'; nfaix,inum' is`'a'll;owed, `iii.. . the ,AF-T Agricultural and'`Fo'restry Zone.' `'' "` -'" -~ Duration of ' ' Voidance: Permanent: XX""""';"Te>riporary Condition: THE }?ITKIN„COT~NT,Y- BbARD-'0'F 'AD,J' "_ USTP'1ENT ®fficea: 5'17`East Fiopkens Averet~'°' Aspen, Colorado i:3'i611 `": ' Evan_Gu11 Chai ~ 1"6as~ Kd_ _ . rain St~eeti ;~i~~%J25=5J'7'31..._.. ...~'isperi,~o~o ~~°~t~()2~ ..... ..~ AS;PEN~PITKIN NOTICE OF PUBLIC HEARING BEFORE THE PITKIN.COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR. USE VARIANCE DESCRIBED BELOW: ~~ „ Pursuant to Pitkin County Resolution o£ June_b, 1955, as .........: amended, a Public Hearing will be held in the District Court- ., rww Room, Pitkin 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 requesting ,.., ., ... a+ .ry ,...a,~ authority for variance fr?~ the pio~zsions~of`'the`County Zoning Resolution. -, ,... All persons affected by the proposed variance are invited to M_,. appear and tate their views, protests or objections` If+~you cannot appear personally at such meeting, then you are ur"g'ed 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 surrouniiing property owners and other affected in deciding whether to grant or deny the request for variance. THE PARTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE ARE ,.. n+~t ~ a. .... ar a , nwn,.matN.w~ac.v+e.n d.4., uxNwn +wt~~4«4s^ ~„ ,Cd~~M"a .1x ..~4 ,d n, AS FOLLOWS: .X .. Date and time of meeting: May 31, 1988 at 5:15 p. m. Name and Address of Applicant for Variance: ~~ w . ;~: The River Road Ranch~Company P.O. Box 9 Woody Creek, CO 81621 Location of Property or Description: Lot 12-B 5, Aspen River Valley Rnnch Sizbc',ivisiga, Pitkin County, Colorado Requested: approval to construct„ an 1800 sq. ft. barn with an height not to exceed 20 ft where a 12 ft maximum the AF-1 Agricultural and Forestry Zone. terior allowed in ..~. ,w.,.. _ .~ . .. Duration of Variance: Permanent: XX ;Temporary Condition: G^%'%l PIT IN COc~UG/NTY ByO/ARD~ O,~F~rA~D~JUSTMENT p/, / i ~ '/ ..//// / LA / ~t ~~~ C~~~ ~ A o eff,ieese Evan Gu1~1, C~ia~irmY[~il addreese ~ ` 517 East Flbpkins A u 506 East Main Street, Aspen, Colorado 8'1...,.1'1 303/925-5973 Aspen, Colo '169'1 ~~~~'~ `~ -----_.. .._. ... ~. .~., .~.,.,a„r....,.. .,.~ .o .:.: ~ .w. w.,.,e:.::.:, .nm:. .~w~, a~av.aaar~.:.,die'~'dfaer u~w~, cn,~iy9,;*a kaz+: ra;.ez'a:~:M Lot 13, Aspen River Valley Ranch. Owner: Mr. Dick Fitzgerald 1621 Lower River Rd. Snowmas5,~ Colorado 81654 Lot 12-B, Aspen River Valley Ranch Owner: Mr. Jim. Gibbons 1700 Lower River Rd. Snowmass, Colorado 81654 Lot 11, Aspen River Valley Ranch Owner: Mr. James Collins P.0. Box 9174 Aspen, Cdlgrado 81612 The Aspen River Valley Ranch Homeowners 1lssociatign Mr. Jeff Jandegiah, President P. O. Box 6455 0400 E, River Ranch Rd. Snowmass, Colorado 8T615 ...,. .., Minutes Pitkin County Board of Ad.iustment May 31, 1988 Members Present: Kandi 5haffran, Chairman Peter Dobrovolny Melinda Pearson Bob Miller Chris Conrad was present with staff recommendations. 5haffran called the meeting to order. There were no minutes to review. There was a letter from Evan Gull resigning as chairman and expressing interest in remaining on the board as an alternate member. Shaffran mentioned that there had bean two 'other applicants interested in serving on the Board and she hoped they could be appointed by the next meeting. Case #88-16 - The Inn at Aspen, 21646 W. Hiphwav 82 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 3.28 sq. ft. over what was allowed by code, 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 not, if the sign were not visible. Conrad showed the Board a plan of the 'building which showed-the scale of the awning in relationship to the bulk of the en£ire building°. Dobrovolny felt that most of the sign code was intended for signs visible from Highway 82. After discussion, Shaffran moved to approve the sign as submitted due to the fact that it is not ' visible from Highway 82 and shall 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 #`$8=17 from the°t`able. Dobrovolny seconded the motion. Ali 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 . ins.v ,.. _v L'+ae. eu ,.. x,x_ .. ~r,Lrs,w..d+L~nS .rie~.e,...... ,.x'.r: £; 1 . _ z. .. ~, . ,. , ~ . _. 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 lIghway 82 because that was the mast probable alignment of the enlarged highway. Shaffran asked about the possibility of a car hitting the building from Shale Bluffs. Shute stated that it was impossible from one way and highly unlikely, if not impossible £rom the other .side. Shaffran asked, about emissions. Shute, replied that the only emissions would be from a flue; it is required to heat the gas before it enters the, regulator. Shaffran submitted, to the record a letter from Suzanne Caskey; Chairperson of the Clean 'Air ~Advi'sory `Board """" "" supporting the location. Shute explained that they had gone before the Planning and Zoning Commission recently. He stated that they had found a 16' X 24" log building that they thought. would be more appropriate than any of the building designs that were submitted. He continued that they would hire a landscape architect or a regular architect to make sure the building would be the bast 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 building were placed underground it would require tcao exits and a long driveway. 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 perma.hently occupied subdivision. Peter Van Domelan, representing Walter Mills was present. Walter Mills was also .present. Van Domelan stated that Mills has agreed to grant the easement to Rocky Mountain Natural Gas for the use requested and has no objer_tion to the location. He requests that the building be constructed in such a way that the visual impact he minimized. They would feel most comfortable with a topographical map. Shaffran asked Mills if he still felt as he did last month. He stated that Van Domelan had express''ed his feelings. Conrad stated that they had been working on this for a long time. $e brought up the question of a public utility the fact that they were required to provide public serdce. Shute stated that the building would be located 88 ft. from fhe 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. Shaffran felt that public safety should be their first concern, not the visual impact, but tucking the building in would help. Shute again explained that they were limited by the location of the existing pipelines. Pearson asked if this was just a temporary solution. Shut e. replied that it was not. ,Conrad reminded the Board that. a,hards,hp needed to be demonstrated. This had been addressed. in a letter to the Board from Tom Smith. ,., _ .. Dobrovolny suggested a site visit to determine it there_,were„any alternative sites. Shaffran moved to table Case #88x17 untilaa site visit could be scheduled. Dobrovolny seconded the motion. _ .__ All were in favor and the motion passed 4 - 0. The meeting was scheduled for Friday morning at 9:00 a.m. Mills and 5hu e both said they would be attending. Case #88-20 - Robert Snvder for Rene Tornare, 413C Pacific Ave. Robert Snyder was present representing Rene Torn are. He was requesting a 4 ft. side yard setback for the construction' of a ,: deck similar to 7 other decks constructed during 1987. OnYy 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 plat, show the necks and remove the lo_t line. Pearson stated she didn't see what. the hardship is. bobrovolny'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 moved to deny the request due to lack of demonstrated hardship. Shaffran seconded the motion. All were in favor. The motion passed 4 - 0. Case #88-21 - Dnug Lucks, Lot 43, Holland Hills Subdivision Doug Lucks was present requesting a 25 ft. front yard setback variance and a'ZL ft. 6 in. side yard setback. Lucks asked if the Board had received letters from all the neighbors. "Th`e following neighbors: Barbara Schutz, Anita Glatz, Randy Troxel and Noel Kelleher, Sue and Joe Schoeller had sent letters ` supporting the variance request. Shaffran also read into the record a Letter from the Holland Hills Home Owhers Association supporting the 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 Ue 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. Dobrovolny made the motion to grant a 25 ft. front yard setback .variance and a 22-1/2 ft. side yard setback variance from the ngrth property line due to topography and downzonng. `Pearson seconded the motion. All were in favor and the motion passed 4 - 0. Case #88-22 - William Gerner 0287 Apache Trail. William Gerner was present, requesting a 21.1 ft. front yard _. - --- - ------- , , <. y„~ Imo,.,.. DY ~ ~.~~ ... i ,. _. .>~ , - M1 ~ t r ... setback variance. He explained that he wanted to build_a garage. The area he had been using tci park his cars was right behind the house and was in the front yard setback. He showed the Board ,.. pictures of Lhe ax•ea_. He stated that building the garage at the 30 ft. setback c,~ould requite removing many mature oak trees ahd require extensive excavation, Lerner sated that the lot. sloped quite a bit anc3 if he_were to place the garage there it 'would require extensive cutting. Dobrovolny stated he was having trouble seeing cohere there would be_estensive excavation.. ' Pearson agreed. Dobrovolny stated he couldn't really see a hardship. Lerner stated that you really couldn't see how steep the lot is from the pictures: Shaffran suggested a site visit. Pearson felt the applicant shquld provide a topo if they were requesting a variance for a topogx•aphical hardship. Af£er discussion, Dobrovolny moved to table Case #88-22 until,a site .. visit could be made. Shaffran seconded the motion. The motion .,, ., passed 4 - 0. Robert and Yvonne Davis were present, requesting a 70 ft. front yard setback variance and a 15 ft_. s_ide yard setback variance due to downzoni.ng. The Davis's felt they were conforming to what was e consistent with the neighborhood. The downzoning had made th, Davis's lpt unbuildable: Shaffran moved to,.grant a 70 ft. front. yard setback variance and a 15 ft. side yard setback variance' due to downzoning. Miller seconded she motion., All were in favor ,. __. and the motion passed 4 - 0. Conrad explained that this case had_been withdrawn.. Case #8H-25 - John Ukraine Lot 84R Starwood 14 Jim Columbo was present. representing John Ukraine, requesting a 40 ft. front yard setback variance. The lot currently has an existing main home and a detached caretaker uni Both,struc'- ' Since then the.propert n tares were built in 1974. y has bee downzoned. They would like to demolish the main_„house and replace it with a new home. They wanted to put the home in~the same Location to minimize the environmental impact to the property and it would be difficult to move the house back, due to the topography of the lot. Conrad stated that the StarWOOd Homeowners Association felt that if they forced the new house to be built up slope they would have an even bigger problem Phan if the variance were granted. Pearson_moved t~ grant a 40 ft. front yard setback variance clue to,downz_oning. Dobrovolny seconded the motion. All wire in favor and the motion. passed 4 - 0. --- - ... _ Case #$8-26 - Rorv A. and Barbara Jane Balance 1755 Snowmass Creek Rd. Rory and Barbara Jane Salance 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 survey the setback granted was not adequate. They needed a 50 ft. variance to place their house where they wanted and still comply with the site chosen by the 1041 review. Stewart Eitgerly, 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 obvious that a variance would be necessary. He continued that he didn't .realize that the original variance was for 25 ft. and due to the 'f act that he was leaving for Australia the'"rieXt day, he didn't attend the last meeting. Now that the variance had jumped. to 50 ft., he was very concerned. He stated that he had granted the`Salances an easement. He showed the Board' pictures of the Balances lot taken from his lot. He explained the neighborhood had always used the lot as a greenbelt of sorts and the proposed house was going to be placed in the middle of the lot. Edgerly suggested that they move the house up 'into a more harmonious part of the"lot: "Salance explained 'the 'allo`w2ble ' building area a's determined by the 1041 review. Flanagan and' Olson pointed out that the proposed location was not~a'an advantageous site for solar gain. Edgerly stated that he was ` opposed to the 25 ft. variance that had been granteii, so he cc as even more opposed to the 50 ft. variance. 'He felt it would totally block his view and the house would be lonmimg over his - _. ~ ~K ;. house. Edgerly stated that if"there ~ "' "~" ' was no other place to pu~~"~~~"" the house they should conform to the setbacks as closely as possible. The Balances did not want to move the house, .the plans had been dracan 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 o'f 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 accommodate 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. Shaffraa suggested to the Balances and their negh- bons, that, since they were neighbors, that they should get together and work out a solution. There was some discussion between the neighbors about alternat'ivQ 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. Dobrovolny moved to table Case #88-26 pending the applicants providing the Board with more information. Pearson seconded the motoh. All were in favor. The motion passed 4 - 0. The Balances asked if they 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. Dobrovolny seconded the motion. All were; in favor. Miller moved to adjourn. Dobrovolny seconded the motion. 'All were in favor. The motion carried 4 - 0. Respectfully submitted, ~i~'--~l~f' J .~.C~~~lc~ L'"rb?~.~C /~,--fit. ~~% 2Gx.-~ Secretary r Chairman Bpi 988 Date t? - .. .. +..Ma .nu ..,.w.,-... n, .,.e .. ~. x,-..a ~.~.v. .,...,. ..-.. ._ <~, at+. m ...rn uL,:i.a .,W~w~.,.m,,.~;i. } a,-~.,g,.,3;q~"+tte~i -.-">,e-...e+x-.-.~...-,--w+..~.... .. ..-..... .e i ~. v„ t a... ... 't'kY, ~:°~.°,. eA.IR.: uw±V+"am'* ttnrn>~~'.N 4 r,'~W n:ac+Yw,q~ .ava~S 1. -. . O 0 O 1 ~ { O ~ S `. ~ , ~ •.~nA'6... .. .. ~: '++ ~: 1r .--- _ W ~:: s A.P 2 TR 70 T 3 5 R 36 W~~^~~ O 320 O ~. ' ~9 \~ - - - ~ E£S .. 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