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HomeMy WebLinkAboutpitkin.boa.88.31~i. ._. DATE C~~L~ 19~ PITKIN COUNTY BOARD OF ADJUSTMENfi 88-31 CASE # APPLICANT ~RUDC~L>= ~.~TZ-E~ ADDRESS `~1 •~~X Z"JZZ ~SP~AI,CD•g(61Z ;... ,,. OWNER `Rl1DOLF R171,d.1.7.~ NETZE'{Z ADDRESS ~`~~ LOCATION OF PROPERTY i7,GiT~\~/ScY D$ ~I~7DW MASS S'(T(~DI/IS(Ot.~ LoT' ~ ~(- oclc' O u c--. FtL) avG purr . ~CtK(u couu7y Any pertinent data must accompany this application, and will be made part of this Case # 88-31 The Board may return this application if it does not contain all the facts in question. Applicant's description of proposed variance showing justification: S'~~K V.6.j21.~A1C~ ~~ `~3u(~.~ruGS~-t-Cb~Lt~C, ~U'= '~-o S-fi~~~~ `Tri2~~tN f eJ ~1cC15`rlnl G `~43Ut~~ t1:1 ~' `~N v'~~©P~ , ~S~~CI~e-~Y ~S~c~G ~D(2 2! ~~,Dc?G`t-1o1.1 Q~ IZ~Qult2~~ ~i2~/li`f yin ~~.~-c- ~~c~,c l-t~c: "~.-~~.5~ S -r~~ ~otz Applicant Signature ~i"icy 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: SEG 1.&~PrL Nand. RS'~ ~u D Zow>: Zoning Official Date permit rejected ~ 20 $~ Board deci9s.i~on. C,..IXaIpJC~~ Application filed Date l~`u`6 Notices mailed ~ (~t~ Secretary ~;fA~;i~~a~~' r-~ 1~~13 ASP'E'N ,~' ..:; , : .. .. N O T T ~`E„_b'P "' l~~i°$"L`Y ~""~ ~"`.,.~,, ~. ~-„~~. ~ ..::~..~,~.,~..~.., ~,~,n,~,~ , .,. v. gym...,,: ~88 F6ft~. _'f ~~ ~,P,I'~"~'l~i`"~'t` S ;~ ~« I ~~}~ .- TO AL°L `PROP73~1''~ ~iVp"~ , ~ ' ~, ~~ .... ~~ vARTAtVCt?°D~SQft3'Tf._""t~~'"`w:..+:=~.~.~,~.,,_ ~,..:,...,,~.. ,,,,....,~.._.-,-,,... ~ - r Pursuant" ta'P'ittiixi County Res'o~lut'ioii"irk dune`~"~'"~"~°~~'~"'°'"as~"'"'""""""~""'"~` amended, a Pablic"~"ear~ng 'wz`~1 `"G"e heTd `rn tie'"`~istric~` ~eiurt; ~" _. ~ Room, Pitkin- County' C"our~~~ouse,'~`Aspen, M~'o~orado, '""'" ``` ~(or at'"`such other place as' the meeting may tbeu tie a~jour'~~ite~) to cansider an ' application 'i"i'1:`e`d"~w'~'fie saidyBoarc~" off' Adjustment ~reque~ting author prov~a*ns of t`he County Zoning" Resoluity 'for darias~ce ro"m die All persons affected ~pye propos'e~variance ar_e invited "to appea-r;:and 'state their "views ~" " ` ` _ ,_ protests ar ob~ectaons Tf~yoix _ cannot appear personal~l at suc~i mee~in ieri ~°'" Y .~, ., _W g, yov are'ur~"eif ~o state „.,d .~ _ ,._~ .. . your views- by'vlette"r'", particuY`arTy i`f" you `gave ob~eotion to ,vq..a r A4Q: M 'such variance, as the Board of Adjustment wiles give serious considleratian'ta t:he opinions'of surrannding'lst~ope'rty owners and- _ other' affec;teil in ~e`ci' icC`ag"`iv"~"et°°~er ,o $r~t'"or~en`y"t"he`iequest~~~ ~~~~ ~~ for variance. AS FOARfiTC1txATi~ ~'"'1'~"L~'F~~`~"1~~17~i`'~°' , T13E P LQt~`5 i . _..._. Date a'rid time of meeting ~ ".Lu1Y '~;~ ~ a~""ra`' "p°"m '~`~""'°"""~~'" ` ,... . Name send Adctres's'° oP Applfcan ~~"-~"~ ,^~,,.~w_.,~,.Y.._.._ _.,,_.......... ,_ >_-..,_... "t'` for"" `f'ar ance':'~~ `~ _.._.. P:0':- B',oit, 232 Aspen,' CO $1612 _ _.., .. ,_.._.,. ,. Location oi' Prope'r~y or "~Uescript"~i`on~~"~~"'" "`"""""`~~~""~" "" "~ ~"` ~ ` Lot 8,' BToc1c.: ,1," ilateway ~o"~'~`~nowma~ssT'"S~`u~i~iv~s-~"o'n; `~"'~'a xn ` :~`"~`'~~""~`~" ~ '~, ~r Varian`c'e ~te~us"step ...~, .... - .. ...... ..,. ~ ._:..,-..___ . .: . ,~ ~ ,~, ~. w.°,r.:Ord-zNwL-«:^n'-'`3;~:=~;,,~,,xF^:`^""~~^:'~?' . SO f`t:"~f`ront yar se , ac variance a~n~~#s5:""side yard setback variance to canatruc`t"a `'rs`si'dence: "" '` ~ ° " ~ B ,. Dixra~inn `off . ar aricei .~ .Permanent: ~7C% :fiempor'hrq ~ -; Condition: THI`ss. PTTK7.7~"L``tftJN~'~`~71"~„~.$~""A'D~IJ~~~";.~~,«,:;;, di Shai~fran~hairperson ', ~, ogees: mai0 address: ~'z 517""East,.)=lo ..k W~ ..._ ._..,..Y..,....w~..,....~-,._.,,. tns venue - East Main street ..r - Aspen, ColoNa`~o~~'f°"""`""'""~°"'~"'~ _ Aspen, o ra o M E M O R A N D U M TO: Tim Whitsitt, County Attorney FROM: Joanna S. Schaffner, County Zoning DATE: August 29 ,1990 RE: Rudolph Netzer; Board of Adjustment # 88-31 Lot 8; Block 1, Filing 1, Gateway to Snowmass _ - -: : -~ . -,., ti ., .,. :,_ , -: Board of Adjustment minutes for the "July "5, 1988'nieetng, and Resolution 88-31 £or Rudolph Netzer, indicate that approval be granted for "the building envelope as submitted allowing the building no closer than '50 feet,_of the eastern property line and no closer than 35 feet, of the 'southern property line and no closer than 35 feet of the center of the abandoned .,,drainage ditch on the western side. of the lot due to .,,topography." (See attached resolution and minutes.) ' Netzer points out that the reso,and minutes are in error and that what was intended was a 50' front yard setback, a 35' north side yard setback and a, 35' south side setback_to the center of the abandoned 'drainage ditch. Upon'"1"listening to the tape oP "the meeting, it is clear this is what was_,ntended„in the motion.,,, we assume a clerical error occurred in the transcription of the minutes and subsequent resolution. Does the tape take precedence over the signed resolution? We would like.. ;to take this _before the .,Board of „Adjustment's next _~ . meeting (September 11) and have a resolution. of correction issued,,. (see attached draft). I`f you advise against this, please let zs know asap' so Netzer has time to prepare an application for October's meeting deadline date (September 10).' ` THANKS ~J l~ ~ k ~ ( C2Lt J i?'1 r'! Ste. ~2~/`i ~. ~~~~~)~ :.. F1. ,.. ,,.: „_.... Aspen/Pit 130 s aspei September 4, 1990 a ,, Planning Of f ice ~ . ~ ~.,x ~~R; ~a;„~~Ratreet ora~da 81611 L: . ,.~k:;ri3~o. Re: Rudolph Netzer, Board of Adjustment #88-31, Lot 8, Block 1, Filing l,'"Gateway to Snowmass' `' Dear Adjacent Property Owner: ` _ heard re est b RudoI h b7e£zer for a 50 foot front arq variance a 15 foot north side and setback variance and a 15 foot u south lside pyardPlsetbaclc u varanced to thews gent setback center of an abandoned ditch on the west side of the lot, for the construction of a"residential house. The Board granted this request; however, due to a clerical error, the signed resolution shows otherwise. The Board of Adjustment will consider a resolution correcting this error at their September' 11, 1990 meeting.. This resolution will, in effect, Council Chambers, firstsfloor Tof Citp Hall, at 5:15!p m d in the. We a're aware that some of you were in attendance at the July 5 meeting with concerns regarding this variance request. 'Although this case will not be reheard, we invite you to the September li meeting to state any objections you may have regarding this variance request. You may send any correspondence related to this case to: Planning and Zoning,. 130 South Galena Street, Aspen, Colorado 81611;° inar`kec~ fo the attention of Cindy Christensen. Sincerely, ~\ Jo~Cnna S. Scha ner Pitkin County Boning __._~ _, ... .F .,,:, ~.~,~:~~.. „r Velma J. Weinreis ' Nance gay P.O. Box 38 ° P.O.'Box 7698 snowmass, 00 81654 ', 5nowmass Village, C0_'8i615: ~ ~ `` John & Mangaretta Bruegger Florence Mosher 0047 Elk Range Drive 1117 Dennis Drive Snowmass, ~ 81654 Costa Mesa, CA 92626 Gateway of S'mass Mesa S/D Bradley J. Weinreis _ Property OFmers Assoc'. P.O. `BoX 15` . _ _ P.O. Box 211 Snowmass, ~ 81654 Snowmass, CO 81654 Richaxrl Heeder Judith Byrns P.O. Box 586 P.O. Box 2950 Snowmass, CO 81654 Aspen, CD 81612 David & Marilyn Walsh Steve & Toni Ingram 7 Lurcott Lane P.O. Box 12039 _ . Central Islip, NY 11722 Aspen CO 81612' , N. O. Russel Rocky Mountain Institute 229 E. Gainsbo rough Rd c/o Amory Iavins . Thousand Oaks CA 9136D P.O. Box 248 x _ '. Snowmass, Oj 81654 Van 'Thoff & Adriann P.O. Box 1024T, Aspen, CD 81612 C.M. Dance . Warren Fa]mer P.O. Box 2684 _ ._. .. Aspen, CO 81612 Malcolm & Melanie Tery P.O. Box 13710 , Southampton, NY' 11968 Jennifer Weder P.O. Box 5641 _ Snowmass Village, CD 81615 ~~~~~~~5 .... r. t ~,:. ;: Aspen/Pit nin Office ~ .,. ri .. .. ~ :. ' 130 .. >~ Street, ' ' '' ' "' Asp 8lliil` ~~ NFL ~: --- . . ~~ F° : I '' ~ ,'~ Bradley J. Weinreis ~^ '/ ;,~ P.O. Box 15 °L~ f/°LS Snowmass, ~ 81654 Aspen/Pit ning Office ...130 a Street :. ~ . , _ .. Asp 81611 _ , '._. _., . " Steve & Toni .."::. , P.O. Box 1203 "~ , Win. ~ 81612 ,`.;°_ e-. it Jar-.v34 ~ ru-'.i..#i:.2~Cip~ 2.1'9+ =v ~~'ti •f __ i!S~a~:td ~ ~ p p 1JPdiE Cl ~t d 9ii1~"e!?D RE';z ~ td T?? SE~aGER '~ recYC/edPaPer -.. ~ , o ~ -i a~ V ~ d F:: ::~. ........ ~. ~s en/Pit P ning Office ETUgN ~, : :~ ~ ' " 130 S ' t .: .. . . Street ~ . ., TD ' .;- 6ENDFn 1 ~ ~ r L ? ; 1. p S , i ~ NOT DELIVER 81611 ' ,. ' " " _. UNAg8LE7L-~RESSAQLE .... .~ ,._.-. _ __ - - -. .,. ~.~ 'Jennifer W , ~ P.O. BoX 641 8nov.~s Village . ~ 81615 .:.. ..m 'n ., ^;..~_ .rs.z,:~si+l',Lxw.-.x~'h`r;earv^xnsauka+..xS~w-..,.~;...~:,.::* ~ I35[3 Rudolf and Diana Tdetzer Box ?3?_2 aspen, CO, 8'f.6&2 6/?_0/88 Olr_ ~nowm~Ss T;an~aowners Old 8no«rm~~$s, C,0 bear Nei~;libors, RecentJ_y sae bought lot =8, block 1, filing J~'I in Gate- way to Sr.oormass. Because ~ for of the extreme slope of. tfie land we hre anply~ng a vari~ince. In accordance with the local reg- ~t^n ding ~re~;ulrtionf mall s~Co.rra~'I~O,' bset-backuTinel?i notheofr'onte,` hn~? 5O' on the sides and `beck. 4Jc are reques`t9.n~; ~. vari~~nce of ISIO' in the front and 35' on the y. _{y ., side. UJe havA been tinformed th~..t fhe land con~?i.tions hive ria~le this necessnr for man of our m ors to renuest c~ a... ~ a V%lT1anC@_.' ei hb, ,. ~. ~_ ,_ ~ Tie he~nrng for the var.t:xnce is Tuesday, July 5th, 'f988 at i~ ~ 5:'15 P'.P•1. in the District Courtroom o£ the Pitici.n County Court- ]louse ilsnen CO. r 7 ~' rd to Yi~i,n ~^Je are J.ooki?~ forwa g part o£ the Old Snoiamass neighborhood and to meeting our.`net~r neighbors.' Si nc~- ely, Rizdo~l t zG~~ /> //l/~ ')iana Netaer ... ;:.. ,. ,,.. ,K , ~.., ~:... , - ~ r • .m• .. _. ._ c~ w i. i - IGATE3~TAY LOT 7 BL. 1 belma"J;. Weinreis, P.O. Box 38, Snowmass, CO 81654 - LOT 1, 4John ~ BLOCK g 99 9 . & Mar aretta C. Brue er, 0047 Elk Ran a Drive, Snowmass, CO `81654 LOT 13, BLOCK 1 Gateway of Snowmass Mesa 'Subdivision, Prod"fir"'ty Owners Assocaiton. P.O. Box 211, Snowmass, CO 81654 LOT 14-A, BLOCK 2 Richard H. Heeder, P.O. Box 586, Snowmass, C0 81654 LOT 15-A, BLOCK 2 David & Marilyn Walsh, 7 Lurcott Lane, Central Islip, NY 11722 LOT 9, BLOCK 1 Californiaei191360 er, 229 E. Gainsborough Road, Thousand Oaks, LOT 10, BLOCK 1 Van 'Thoff & Adriann, P.O. Box 10247, Aspen, CO 81612 LOT 12, BLOCK 1 lmer, P.O. Box 2684, Aspen, CO 81612 C.M. Dance & Warren L. Pa LOT 6, BLOCK 1 Terry, Malcolm & Melanie, P.O. Box 13710, Southampton, N.Y. 11968 LOT 5, BLOCK 1 Jennifer Weder, P.O. Box 5641, W. Snowmass Village, CO 81615 ACROSS THE STREET Nancy Kurtz, P.O. Box 7698, Snowmass Village, CO 81615 Florence Birge Mosher, 1117 Dennis Drive, Costa Mesa, California, 92626 Bradley J. Weinreis, P.O. Box 15, Snowmass, CO 81654 IJudith A. Byrns, P.O. Box 2950, Aspen, CO 81612 i ~SteveLA. & Toni A. Ingram, P.O. Box 12039, Aspen, CO 81612 IlROCky Mtn. Institute, C/0 Amory Lovins, P.O. Box 248, Snowmass, CO 8'1654 I: ~ ~ t ,.. 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I 1 t ~ py' '~~~~ £~~ +I ~~. `~ ~ J t~ r r'. ~ Il J~ l J „+,hRnht.~xnRlth. ~y~w Lam..-++~.. .++ - - -- '~. ~.. ~. u _. ~ i1'1r ~~.' N. ~, rFN Yur " .~'"~ . r £ t v-0. . .e.. ... ~ y O O a ~ V b T ~:~. .~~ Silvia Davis, i'itk;in CntycClerk~ Doc~3~.D~ 494 RESOLUTION OF THE PITKIN COIINTYr, COLORA])U' BOARD OF ADJQSTMENT CORRECTING RESOLUTION 88=31 FOR RUDOLPH AND DIANA NETZER RESOLUTION NO. 90-42 WHEREAS,' Rudolph and Diana Netzer owner `of Lot 8,'Block 1,'" Filing"1, Gatewag to Snowm'ass Subdivision, requested a 50 foot front yard setback variance, a 15" foot"'north side yard` setback' variance, a 15 `~"foot soit`th side, yard' setback variance to 'the' propertyf at a meeting doff the Board of Adjustment) on July e5r 1988; and WHEREAS, an error was discovered on Resolution 88-31, which" omitted the granting 'of a 15 foot_riorth side yard setback' variance as recorded on tTe tape"of the meeting;' and ,WHEREAS, the subject property is within the unincorporated area of Pztkn County, `"~olorado,`(as "d`cscrbed in Exkibit "A", attached); and, __ _,. _ .. .. NOW, THEREFORE; SE IT 'RESOLVEn by the Board of Adjustment, that Resolution 88-31 be corrected to reflect tlie;.`granting of a 15 foot north side yard setback variance to the center of the abandoned drainage ditch on the west side of the lot.,,, WARNING: Any violation of the 'terms of this resolution may result in rehearing and possible revocation. The Resolution was adopted by vote of the Board of `Adjustment of ... _ ,_ .. the County of Pit7cin, State of Cgloradq. DATED: September 11, 1990 The Board of'Adjustment of`Pitkn County, Colorado ATTEST• i , / - Cind L. Christensen, Kandi Shaffran, Secretary Chairman Ip _ uaaw ~M. ~..w.~nx __... iu ;, ~1 -.-.. ' 14inutes m.~rr _.. Pit7cin Countiy ! ; Board of ~, ~d~ustment _ ,.:. ~..., . September 11, .'1990 :y, _ , Members Present: Evari;GUll, Acting Chairman_ John_Ostwald ..,,~~, .T,ed Guy ., _..,. pick 'Neiley':" ~. Kandi Shaffran and Stan *~a~~ ~~ ~ ~~ w ~ ,. Members Absent: ... .. : ro 1. ~ P'tkin County Zoning Buddy Lucero ana ~vau+ Office, were preseT-t LLvn Gull, as acting chair. introduced the Board, were only four fdembex7 you need four affyrma; until the next meetng do 50`. Resolution 88 31 granting 'of a""'15 center of the abal lot, for con3truot Schaffner and Net; 88-31 was"differei meeting (acbbYdnc 90-42 would be cox the 'bu line and no"" clo: ~:,:;:w Guy made a n north side y 19gg, OstWa Schaffner, of the i staff r"o"cd5atit`endations and cb`mments .c, ea.,.,...,^y: ,N .W.nsu':~Yaw~rv+,"rm,.n"~':r^ va`5 ~. .~„ e,,,.m`~-~'u"".w`+6 ,. ~5 opened the meeting at 5:2b` p those present: AGull stated ghat., re:~t,"'and to have a variance qra votes. if anyone wands to "be t eri m~~•e 'members lmay be present, th :~ ~; ~:.'~•,~~ ,~~.~s~,, ~~, ~. ~..a~.,. ~. a 50 ' foc 1 on ey `can F xA .:; V. _ . ... ck 1. wgwl; .;,.+ .., _. ~n . ~,on ~,_- the ~o the ' ` ~f the ,.. ,. elution 1'988 of the ` lot. ^ rv+,a~ ^~" `y`ai`d "setback,' `a , 35 foot outhmside yard setback to ....,...~ e ~ .. , u. ~,-:.... ,., w. tch .. _,a )0=42 cj~a`Yiting the 15 foot ginally granted on„July 5, all were~~n favor 1.1GL l.y r1l.llc ~}., were " 'present variance, whe: single-family Pickett stated 2, Cane No. ~9~ rear yard... se„tk variance. Yav the proposed' "`: neighbor, "ire & Zoning Comm: property. ~torney, ana I,drx'y YaW, HrCI111.C~:t.y tv; vva.w.+, request a 34:5 foot west. Bade yard, setback ~~ 5q feet is„ required", for construction of a iderice. ;. . at the were before the Board previously (August Lwariancere deniers theirh request for a' 35 ,foot and a 25 f`oQ°t south side yard' setback sson and.. .the trees located ori,.• Yaw mentioned that they have 7,000 square feet of builda~blewland~ on a 35 a'~cire'~ parcp '""because of restrictions, placed on the , lot u ,~..~.. ~ ~ :: during `the 1041 FFeview process ~ ~ ' ... ., .,.. ...,. ., .. ...: ... ...:. ...., ,....:ka ..a 1. .a .», el 1_ ... p . .i 4..n ~L '.: u. . . :.: Gull asked for public comments; there were none, "" - ... ti Neiley stated that he does snot particularly like where '"the ,, Knezevich,oca ttorne tforhouse is, but °he 1~as talked with Rick ` y aginan `(neighbor to the ,Lor~on's property) , and Wagman doves not'dtipose" this request, Neiley also commented that he would support it because the.. applicant has made,., an effort to, reduce"the~~height of the"building, whereas if,they were pushed back into ~ie"~egal building envelope, a two-story ,, p ' y "' ' Piave a ;: more"°''ne~c~ative house would robabl. ~ _ be ~Tiuilt, and would impact. ,; . , ,. ,. ,,. r. r ~. , ,i ;. , . _. Neiley made a motion to grant a 34.5 foot west side yard setback variance where, 5,0 feet is required due to topographical hardships .,.~ .~,w .~,,.~ w-, and prior review by the Planning & Zoning Commission, a5-per the plans submitted. „Guy seconded the 'motion and all ware in favor ....,,,..~,.. _ ,.,~~..~,,.; .~.wq ~.~,,:.;.,,... .,_. Case #90-34 Shaw- Jenifer 1472 Snowmas's Creek Road ` Jenif~`r 5Tiaw"v7as p~c's'eiit mto rec~"id'3`t aii l$ foot rear yard setback variance, a 35 foot north _sic~e yard 'setback variance,~mmand "a 15 foot south.s,de yard setback variance, where 50 feet is required for all in the, ,RS 30 ~75Yse district, for an "addition tb an existing single-family residence.` r . .: ~. ~,~„~ mom., ...~ -.,~ _ ~ _. ,, ~~ ., „ Shaw submitted a certified survey of the' property. Per the needey, it was decided that a~`rear yard setback. va~rianCe is not sure n t - a ~ .t..r ..+M o- Gull asked for any public comment Joe Hawley," neighbor, was present with a survey of his property and was concerned that the .~..~ s., . _~;,-~ ~. proposed addition .would affect hiss property The proposed addition will not affect' his properly: After a brief discussion, 2 t I .::'. . ...:... 1 ."...~. ~. ,.... ....... I.. __ _.t.._ ... ':.i ~{:..' I..: .. .~:} t o:~h~ x1 3. .w ~~n r .r if'aA~ ~~ , it was decided that what STiaw'' was ~ requesting would ~ comply with the re fired setbacks that ertain to her si ze lot'i "' ~~ ~ ~ ~ ~ ~- 3 , ~t. ,.i: ;, ;., .., Y Gu made a motion to grant a 30 foot front hard setback variance, a 40 foot north side yard setback variance; and a' 20 foot south side yard setback variance, due to downzonng and nonconforming of size, subject to renotification as per the plans submitted. Ostwald seconded 'the inotson and' all were in favor. " ~ `' ' ne~.n ArYn_tic vr--'''---~. A,L .r ,.,,>. ,. ,c..,,.. r. ,;._ u. ...-.., ~.,:... .. ,,.-...,_. - ---- -"'- "" ,„,,,„ q...~ O reQ11eSL d' 71 POOL front yard setbaok"variance and 10 foot west side yard setback variance, where 100 feet'and `5`a" feet;`"respectively, are''`re~gtlired in the R$-30 zone ° district for an a_dditiq residence and for construction of a ro bsedn to ax single-family p p ~~' attached~ga~age' This request would enable_ easier ahcess to 'the garage and would eliminate the necessity"`toM'use a `neighbor's drive. Ferguson submitted photographs of various angles of'the loc'aWtion of the house: and where 'the proposed additions" would be ,located: _, ~ _k-k~-i ~f ava variances. Ferguson also„ subinitte~'`~etters of approving the requested varlances Gull read tY ~~,~n~ u the record. Lawton Fergusori``statec'iliat" lie co location of the garage, but this would entail'cc road which would scar the hillside: Gull asked if there was any public comment; thete Neiley commented that he had trouble with this variances requested on September 24;1'984 and Supt Further discussion on these two meetings further what 'is being requested at this time i_s not the requested in the two previous meetings. Guy made a motion to grant a 70, foot frorit~'X`arc~~~si and, a^ 10 foot west side :yard setback variance du forming lot size, as per' the submitted plans. ..,._,,. .request from'the front yard setback variance regi is granted is to conform. to £rie"setbacks in the that relate to the`"bize,of this specific 1'ot." .a the motion and all were in favor Case #90-36. Chaavar FAAo r,.~ n_c-r na~a_~ ,. ... `.' _::.._f. ------1 --...-yam, ra.-a..vi. agcy, aua ~JdCK Puller, A2'C231tect, representing Eddie Chee~r~r, regixesfing a 65 foo setback variance where T00 feet is required in 1 district, for construction of an addition` to a residence. Oates submitted a letter `from"the ownE them to proceed with Cheever~s application for vari uthorizng C.s Oates gave some in the 70°s. C on the southwe5 The roof line wi There we of the Associat it was e Neiley m< the acid setback; front of down`zCn !S„v on the ~". ating that it ,was downzoned __. y .n.,-. , ., . v~riancse to add an 'addition tory on an axistang garage.' original house. ic. El'lie Brickham, member the BoaYd of Adjustme ant a 68.5 foot front",, e garage, ~"14d a var Yie front entryway to ;inq structure, as sh Todd, gave short a history of this subdivision, simalar to the _ The above. case ° , location of this house is , hidden from all . , adjacent neighbors , , dra ... +~ f .,L. ~,. .,..L Y .Ad.,umab.~ ~o a3 ar ~.a"., {ca. K rz anc~ is tucked down on a" ri ge. Gull asked if there were.. any comments. from„,the, public and there were, ,none., Guy made a motion to grant a 23 fgot"front yard setback'~Variance, where l"OO, feet is required, du2'to downzoninq ~05twa1~ sec'olided the yttotion and all ;were in favor " n ~~. ~.. .~. ~, _ ~ ., ~. ~ ~. ~ f ,. _, .. yard setk and `3 4"5 50 feet... a 1VV J.GG.., rict, for Lucero gave some history to the propert Lucero stated that the Y past owner contacted the adjacent property owners 'to se'e"if they wanted to purchase this small" parcel °tif land. ~ `~P"his'parcel is less than res The ro ert is ve small and Lucer, wants to buld5a 75,0_s`gtxa~'e"vf dt single ,family residence.y o Lee Copeland, neighbor, was pYesent to state her ConceYns about .,.~_, . the closeness of 'this, proposed house to`the property "lines:. 4 ._ .,.....;n, r. ,,,.. .. ,~,:'.. ,.n+e~+. s4~.,4+mn1. WJ..sY'm»~ ..A ...F~ a->Y h n~,:8`~"r.~`i a..l.- .. n..... x. '. ,. bJ ~ j '; '. that and also stated that the tax records of this lot indicate justltoossmall to buildluipnn.site and 'she thinks that"ttie lot is, R 6 anderequrestat30tfoot~f"rontcy~rdssetbac~CisasSZ"foottsidelyard varbances requested onfthis size lotraresnotaunreasonabt.ere the • ~ :. n ~ .. Ostwad made_ a motion to grant a 60 foot, froiit~~yard' settaack variance, a 45 foot north side yaYd setback variance and a 45` foot'south side and setback variant ~~ y e due~to nonconforming lot. size, per the plans submitted. Neiley seconded the motion and all were in favor. - i ~ n~~... 7te n_a n.aaa.. a. T.ac n..a. ~'~.~ .: w. .Y M..,~.:._ ... ,,e== c;oaces was present requesting a Zoo root front yard setback variance, where l00 feet is required in the RS-30 zone`distrct,` for construction of an 8 foot high fence. J S Coates submitted a letter that tie had ~~Crafted"~~~for" ~al~. hi"~~"""" "" ~~~ ~~ neighbors, which they alT signed, approving 'his request. Coates stated that this request is• to conform 'with a Division of Wildlife requirement for an 8' foot fence.: to contain exotica,,, „" exoticsan orals referpto the reindeer that Co te`s ot~l7sima~'s The,., The fence will be a wire, mesh fence which " """ ""' you cari see through.' Fences are permitted in the setback if they do not exceed 6"feet, but Because the' Division of Wildlife. has requested ari"°`""8''"foot' fence, a variance is required. Gull asked,if there was any public comment and there were"'none. ' Guy made a motion to grant a 95 foot front yard setback variance. where 1b0~ feet is Xequi~ed to comply with Divisio~i" of"`Fii~dl"fe" re lations. 2~eile secanded~the'motion and avor gu _ _ Y all were in f ~~.,~, ~.._ *****, ,. ' ,,, The minutes of the August 2 meeting were approved with' the" corrections as noted. The next meeting is October '2~arid`will be' in City Council Chambers,'City Hall. The meeting mas adjourned at 7:40 p.m. ~~ ~~~a/~ Evan Gu11; Aching Chairperson '5 -> i _ . Minutes Pitkin County Board of Adjustment July 5, 1988 Members Present: Kandi Shaffran, Chairman Evan Gull Peter Dobrovolny Joe Zanin Gideon Kauffman was present representing Richard Lukins. Kauffman submitted pictures showing that the property was posted. The applicant was requesting a 20 ft. side yard setback variance or a 30 ft. setback. A 30 ft. setback would be required in the RS-30 zone.. Kauffman felt their were 3 separate grounds for a variance. Kauffman talked to Joe Wells, a Planner when the zoning was changed in 1974. The county was nvo`lved'in a " lawsuit, as a result of the lawsuit they changed the zoning to RS-30 and AF-1. Wells stated that they had simply drawn a line on the map differentiating the two zones`. The property next door is bisected by this line. The owners thought the property was zoned AF-1. Finholm confirmed this with Patsy Newbury'. Plans were drawn up to conform with AF-1 zoning. Kauufman continued that the 1041 review was approved with the 3O ft. setback (AF-1 zoning). When Conrad took over,Newbury's position he discovered that the property was in fact zoned RS-30. The second area''of hardship was the topographical hardship, the house would be moved into a Swale. Kauffman submitted tb the record letters from Patillo and Associates and Schmueser Gordon Meyer, Tnc: that stated that construction on the Swale should be avoided due to safety reasons. The third reason Kauffman presented was the support of the 4 adjacent property owners for the variance. If the variance were. not granted, there would only be one location for the house and it would. impact the neighbors greatly. g neighbor most directlyoafwas present. She felt she would'"be the fected if the variance were n6t granted. He view would be greatly affec£ly: Her recommendation was that the variance be granted; the house wuld be placed on the least objectionable sike on the lot. Zanin moved to grant a ZO ft. sideyard setback variance due to topographical hardship. Dobrovolny seconded the motion. All were in favor and the motion passed 4 - 0. ,.y Case #88-29 - Bob Condon and Julie Otis 1150 dapitol Creek Road Bob Congdon and Julie Otis were both present requesting an additional 24 ft. front yard setback variance to a structure that had been there 93 years. Congdon explained'tbat when he began the project he was unaware of the 100 ft. setback requirement. Within a mile there are 3 other buildings within 100 ft. of"the road. He had checked with the Building Department to see if he needed a permit; which he didn't since it was an agricultural building. They couldn't extend out the the back of the barn due to the steepness of the lot. Congdon continued that theq are trying to preerve the old buildings. "Conrad explained that he hadn't considered this building a problem untio they extended 8 ft, further into the setback. It is clear that this building is an agricultural building and does not need a building permit. Otis stated that the neighbors had been very supportive of the work and that. they were doing something with the old buildings. She had a letter from Saint Benedict's Monastery and Walter pportin the var Wieben su g fiance. Dobrovolny moved taht a 24 f.t front yard setback variance be granted from the Capitol Creek Rd. surface edge due to zoning and topograpical hardship for the barn as submitted. Gull seconded the motion. All were in favor and the motion passed 4 - 0. Theodore K. Guy was present representing Howard and Barbara Gunter, requesting 40 ft. front yard setbar_k variance.` Guy began the lot was zoned AF-1, it is a substandard lot, very long and narrow. It is 7 acres instead of 10 acres, the minimum for the AF-1 zone. The existing building lies alsmost .completely within the front yard setback. The proposed addition would be totally within the setback. The house was built in 1925, predating zoning, so the hardship was that they could not improve the house except within the existing boundries. Gull moved that a 40 ft. frontyard setback in accordance with the envelope described and submitted, due to downzoning. Dobrovolny seconded the motion. All were in favor and the motion passed 4 - 0. r r Rudolph Netter was present requesting a 50 ft. front yard setback variance and a 15 ft. side. yard setback due to the extreme steepness of the lot and a ditch that was not shown on the topo. Netter stated that. he had talked to the adjacent neighbors, Mr. Weinreiss and Mr. Russell. Russell had some concern's' about the house, he had been hoping the lot was unbuildable. There was some discussion about whether a variance should be granted to a building envelope. Conrad explained he had suggested that the applicant choose what he considered was"a'rea'§o"xi"dble envelope was, since there are no FAR requirements in the RS-30 PUD zone. Hurt Russell, an adjoining property owner was present, he felt the site chosen by Netter would affect his property the least. Gull moved to grant the building envelope as submitted on the survey allowing building no closer than $0 ft, of the eastern Y lineeand nonclosernthano35rfthaof3thetsouthern property property no closer than 35 ft. of the center of the abandoned drainageand ditch on the western side of the lot due to topography. Dob- rovolny seconded the motion. All were in favor and the motion carried 4 - 0. Zanin moved to adjourn. Aobrovolny seconded the motion were in favor. Meeting was adjourned. Respectfully submitted, AlI -7~~~L~~ Secretary Chairman ' ~~1 B/~9 /a~ Date .b , r -"'T--I--- .. ;... ..... ryY~ .,.., ~.,, a'~ Wt,~.„ ilA~+.':;s ama. .~.,,,. ~ „'.~, _« $fE'€'~,tl~~k ~` ~a~'~'+".~,. ~ -`an or ~' ffi_ , ~.~: ~~„w ,.,m ~_,.. Evan Gu,ll,moY,ed.tha,t the following be adopted: BEFORE THE BOARD OF ADJUSTMENT ,, OF THE COUNTY AF PITKIN, STATE OF COLC.RADO,_ RES6LIITION N0.#_$8-31 _ y. t Q Rudolph and Diana N.etzer, Zot 8, Block 1, Filing 1, Gatewa Snowmass Subdivision WHEREAS, the sut±ject property is within the unincorporated area,, of Pitkin County; Colorado; and, WHEREAS, the Board of Adjustment is v,este„d, with ,the power, to grant or den'y'srich variances by virtue of Title IT",'Se`ction 16-1.'3, Pitkin County code (Land Use Code} and Colorado $evised ., Statutes, 1973, 30-28-11:8(2) (C}; ana, WHEREAS, based on_the evidence presented, the Board of Adjustment;. makes the Following finding's: a 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..publc welfar"e arid' wirll P __.: . , ,not srxbstantially im air the iptexat an3 g e , , 'purpose-of the Zonin Resolutions and tki„ zoning maps. ' NOW, THEREFORE, BE ZT RESOLVEll that the,applicant,'s request for. a an a roved buildin envelo a as submitted allowing the building PP $ P no closer than 56 ft, .of the g,as'te,rn..;pr'op'er"tp 1`irie and no closer than 35 ft. of the southern property 'line and no closer than 3"5 ft. of the center`;of the,.abandoned drainage ditch, on the western side of the lot due to topography. Additional'-conditions or_restr;ctions." WARNING: Any violation of the terms°of this resolution may' result'in rehearing and possible revocation. Peter Dobrovolny seconded the adoption of the foregging $esolu- tion. The roll having been called, the. vote was as follpwsi` Kandi Shaffran - yes Edan Gull - yes ` ', Peter Dobrovolny = yes Joe Zanin - yes The Resolution was„ adopted by vote of the $oard of Adjustment of the County of Pitkin, State of'Colbra,do. DATED: July 5,°1988 The Board of Adjustment of Pitkin County, Colorado ~ '' "~' Attest: Secretor Ch ~ rman ~, ,.. :_ . .yr»+w ,,. G. ~" -....eS~` *. .. .,~.. rik .~lPnr'.~w e~~:9 ~ " w , a ~ ~' ~ ,a ^~ . ~ ,. ~. s.> - --