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Home My WebLink Aboutpitkin.boa.88.52 PITKIN COUNTY BOARD OF AD7LJSTMENT DATE ld~-7 19~ CASE # APPLICANT ~ f C~G.(`~I (~C1 to iC~ ~ PHONE ~~ "7 ~ ~33 7 ,..... ._ _ . ..~.~.... ..... ,",. ,. ,,.,~ ...~..~. a,.....~a ~ _ .;~ .. ..4 ~(Z,l~f`6?1C . ADDRESS L~CiX~'3 SrrOGvrnQSS' ~~ r4%C)~% _~..,: ,~ Any pertinent data must accom <. made part o,f this Case # ~~' application if it does not,coii this application, and will be The Board may return this a"i.Ttha farts in question. Applicant's description of proposed variance showing justification: ~~ `SCI ~ ~ ~~_/ Se~Ge~ i,a ~:o.nc e +~E' LPS ~'.~Q / ~T ~ p, C~e~QOI~.¢.CI 1'2Sr"CrP~7~~a~ ( ~a.t~aCt ~/ Cc.r~~ Oti. ~fG/? ~~-cs,~ ~ se f 6a c,~ 1/' a-~' o~nc-e -~y ~' ~^~J C• an s~evc ~'c n °7' p_.r~ e~,~a~ywaY and ~~o~CI~ 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: Zoning Official Date permit rejected Board decision ~''~ ' E~~ '' Application filed ~frG Date //~/~Tl~ °"~ Notices mailed~~/~~~15 Secretary ' ~ " ~~- ~~ k~m .. "~ , , w. - .. Y Ya..,n ..._.L. _ .. rarr AspenlPit 130. sc aspen treat 31611 .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 of June 5, 1955, as amended, a Public Hearing will be held in the District Court- 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 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., protes~S 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 surrovriding property owners and other affected in deciding whether to, grant or deny the request for variance. THE PARTICOLARS OF THE HEARING. AND OF THE,REQUESTEI) VARIANCE ARE'., AS FOLLOWS.. Date and time of meeting: November O1, 1988 at 5:15 p.m. Name and Address of Applicant for Variance: Richard Panichi Box 53 Snowmass, CO 81654 Property Location or Description: 0406 Old Snowmass Creek Road, 527, T'8, I286 Requesting an 89' front yard setback variance for a detached residential garage, and a 40' front yard setback variance for the construction of an entryway and porch. Duration of Variance: Temporary Permanent: X Condition: THE PITKIN COUNTY BOARD OF ADJUSTMENT ~, Wing Office Kandi Shaffran, Chairperson .rt< I... J ~ -_ !j i.. i.... 7. '-Y. 1', ;' I. 6v :r?I"v. 1'1 %' I'.' 171 r..-r i }! =1 "1 .. _. _."lf i-~1 L.LAII '~. ..'6M fil. . _...; •I f _• ... , ru_ *' , ('i .:. ._. ..~ .1 .. ._'t'1 ~!- ~ , -+ I I!J" i„i 1:.. rl1 Lf'F-? fJ'1_ ! Zii~~ C _~".. ,i. _;~1: ._;~ .. .. :.tt 7. ;..; t r.4 ;. ~.: liii= '~. - i~a 11 Kt-.y I.r ~ ;_j. ;,. '. __ ._:_ ::var.=. :~1:,~1.1_i-.~. ~'-Ila-r- ,._I. _....,. Cie t ~ ~'t.~ay ~.. ..,..-r,. ~ •>, ..k . ,. . ~^,^ RESOLUTION OF THE PITICIN COUNTY, COLORADO BOARD OF ADJUSTMENT, GRANTING SETBACIC RELIEF FOR RICHARD PANICHI Resolution No. 88-52 WHEREAS, Richard Panichi, owner of 04,06 Old_Snowma~s Creek Road, residentiaingarage fand ay40a frontayard setback varianceaforethe~ construction of an entryway and porch; and; ofEPitkintCounty7 C loradoeY andis within the,_unincorporated area 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) (Cj; and, WHEREAS, based on the evidence presented, the Board of Adjustment makes the following findings; '°° 1. Proper notice_,procedures, including the notification of aTl adjoining property owners, has been shown_by the applicant. 2. The required hardship or practical difficulty has been establis2ied: ` 3. Granting such relief will not cause substan- ' "public welfare and will tal detriment to the not substantially impair the intent and purpose of the Zoning .Resolutions and the Toning maps. ' NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment, that an 88' front yard setback variance and a 17' side yard setback ' g g ' front yard setback variance for the1proposed entryway and porcH be granted due to downzoning. WARNING: Any violation of the. terms of this resolution may result in rehearing and possible revocation. ,.. w.m,~«~ ,..,,. .... f----_ ~44 Kv~ )^wM ti'.e SakT"Y^ Yn.`rtwvM9. a. ..ATM .r Resolution No. 88- Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkn, State gf Colorado. "' DATED: October 04, 1988 ATTEST' 1 t^ Joann Schaf.~'er, ecretary The,_Board,of„Adjustment of Pitkin County, Colorado `~ ~`"~aridi S~haffra~~ Chairman PUBLIC NOTICE NOTICE O&' ADJU$TMEN'Y' ZONING OR US Pursuant to Pitkin County Zoning Resolution of June 5, 1955, as amended, a Public Hearing will be held in' the District Courtroom, 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 re estin authorif fo Count zonin Resol tion r variance from the provisions of the y g All persons affected by the proposed variance ar'e 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" gave serious consideration to the opinions of surrounding property owners and others affected in deciding whether to giant or deny the request for variance. DATE AND TIME OF'MEEfPING:"'" "~~ Novr~m`fia'r",n~ Y"io`QQ "'.:s."~:~~ ~ "_ j Richard Panichi: requesting an 89' front yard setback variance for a detached residential garage, and a 40~ front yard setback' variance for the construction of an entryway and porch. Property Location: 0406 Old Snowmass Creek Road, 527, T8, RSb. John and fl2ita Ham: requesting approval torenew_ a sign permit for Snowmass CotEages. Property Location: 9461 Sta£e Highway 82. Submitted to the Aspen Times on October 18, 1988. to be printed on Thursday, October 20, 1988. Purchase Number 42154 s ; Minutes Pitkn County Board of `Adjustment November O1, 1988 Members Present: Kandi Shaffran, Chairman. Evan Gull ~ ~ w~, Stan Mathis Rick Neiley Francis Krizmanch, Pitkn County Zoning Enforcement Officer, was. present. wi't`h staff recommendations ,. ,m ... Shaffran called they meeting to order at ,5:20 pm; and introduced new Board Members, Rick riTeiley and Stan Mathis. beenfrosted k t whi applicants if their sign of notification.,has _ p ch everyone replied"yes". p tes as,_amended The motion was seconded by Shaffran and'passed'by a vote of '4 0. Architect, James Columbo, was present to represent Terry Trish. Mr. Trish, a county resident for over 20 years, was': present with his family.. Mr. Trish"`owns' a'~ps'~eS of land which, due to its topographical and geological make=up, is a difficult site .for~_ ,,... building. ~olambo explained that the property is not included or platted in the hitkin,.Mesa 5ubdivision,~but is rather an independent parcel described in mee"t"s n$ bounds Of the foura .,..~..; ,~.,~~,~ _,~ ~~..wb~„ .„~ acres, the only area suitable Por,building is on the far Sout~i East 'section of the parcel. Towards the North of the property lies a fractured butte which continues to fall "Situating the .rA ~~,~ house more north than absolute3'y $ neces'"'sa'~ca'~eates rockfall danger to the house. Columbo requests to"waive. the setbacks ~...~._, r,,„. along' the southern.„edge, (which is adjacent to open space) to Geolo odate the' proposed" home,- claiming that this would not accpomsent °an infringement on any neighboring property. re re gist, Nick Lampiris, recommends a O'setback; but `Columbo feels 'a 20'-30' setback would suffice. Setback relief is also g 5 g .. ~. .A _...,::.:.z«r,~ .d aye ~ ~ ~~ ~k < 4~, ~ ~ ~ _ k bein sou ht aloe the eastern .road„ , ace , 'lie land a~ro'ss 'the road from the Trish property is zoned R-15, and`Columbo suggeste a compromise with the setbacks required in that zone: , ~, Several neighbors were,', present to ,voice_,,,ther„ concern and opposition. Neighbor` N`eriit`"an "Ttnerberger protested the abuse of his 2`0' easement; Penny Ritchey objected to relief ,being granted, to a condition which she glaimsxTrrsh was aware'of before he purchased the lot;` and H.E. Ritchey'=warned'~'that~~~e whole mesa }~ ,. -rv=r.r wm. .,,, - .~;.;. wmw-m..amns, ..x, q~{w{ i«,awu:.a,„n v, ~-, ..; was unsafe, and that as a result of tte further excavation w. to question how his, ., .. V,~ r ,.. es there now, are cracking make-up."" He feared that' Lee Robinson was present .~~M:.." s ~. ~ ~_, M ._,~,~ ed`°by the p oposed house. ~'w"`` d in the file, 9 protesting the request for a o' setback along Aro ertr 1 ne, n itinoraesthetics and awadecline e, the Southern p p y g in neighboring property values. Columbo countered that. the Trish' property' t~,N requires no utilization of any neighboring property,"~~ut will take access directly from the county road. Yiowever, Gull p. P ,... mom. ones land such as the bus through an easement which is_located onl both o ro ertiescce Skiaffran explained that reasonable use of ,. ;h. ,b .~. .... _ ~, ( ilding'of a home) cannot be denied;°ard that topography and geology are not self imposed hardships, and, therefore, are worth' the Board's consideration Columboa described_the_ design of the house as being "tiered"` into the on thel toph two le els ocaThis design f1Columbo cont~nued nwillairi effect, mitigate slide problems by establishing a retaining wall; protecting homes below it and across the street. Krizmanich informed the Board that a 1041 Geologic Hazard Review based on the Geologist1sNrepo rt r~G 11 explained tkat thismparcel was created and became an„independent parcel prior to the affect of any zoning. Krizmanich confirmed that the lot has been downzoned. Neiley made a motion to;,grant a 75' front yard setback variance and a 2~0° side, yard setback variance due to topographical hardship. Gull seconded the motion a°nd it passed by a vote of 4- 0. Case # 88-52. Richard Panichi, 0406 Old Snowmass Creek Road y p p anichi in his request for a 89brfront yard s tkia k"va'riance and a '18° side 'ya`rd setback variance for a detached residential garage. A 40' front yard setback variance,. for the_constructign of an_entryway and porch is also requested. The new entryway and p'oroh is intended to alleviate, ice and water run,-off problems on the north side of the house. Dobrovolny submitted the originaY sale contract for the record. The 21,000 square foot lot predates zoning. However, according to Dobrovolny, the lot size dictates a comparable zoning of between ~-15 and R-30._' The contours, of ,the property contain a ..p .~ ,.p platform Behind thelhouse is aeleachefieldewhich,1prohibits the construction of the garage within proper setbacks.... _- ~ --_~- .~..~------,TT.,._ Gull it of th@ appropr yard sE the ga propose the mot Neiley and Mathis, that it has been the practice to give maximum use of land as if it where zoned. Gull_ made,. a motion to grant an'' 8"$~W''~front "" ~. M, riance and a 17' side yard setback "variance for y M _._.. _~,.~.w~ ind a 40' front ,~'a"r~"` "setback variance for the and it While no one was present approval for a sign perm sign, locat-ed_, on H.ghwa permanent renewal, acco~ require yearly reviews. written to "the FTanis'' `tha the Code. She suggeste and amended to allow f reviews. 5haffran mo~ie~ their sign permit, The~i a vote. of 4=0. vote of 4-0. vote to represent the Hams, they were granted ~t renewal for their,"Snowmass cottages" 82. Although their request wad' for a ding to~ tkie Ptkin County Code, signs Shaffran requested that a 'letter be i`kng them for their .yearly adherence, to -- ~..... i, " also;' that the ordinance be reviewed ~r' perrii'aieiit renewral in leu of ,yearly to g'r'ant the Hams a.one."year renewal of ', ,~~•- lotion was seconded b Gull and assed ,. .. ,.. _, Y P by Shaffran moved to adjourn the meeting at 6:15 p.m. The motion was seconded by Neiley, and carried `d-a. " ' "` "`" "~' '` ` Respectfully Submitted, C Joann Scha er, Secretary '''Kan" Shaf .rang Chairman ~o~~(0/88