HomeMy WebLinkAboutpitkin.boa.08.07Parcel ID: 2911-02-1-00-002 Application Date: 4/17/08 Case No: BOA006-08
Description:
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fellows (AspenKarma LLC) Frontyard Setback Variance
access #07-2008
Project Address: 201 CONUNDRUM CREEK RD, ASPEN, CO 81611
Property Owner: ASPENKARMA LLC Address: 2820 HUNTER RD
WESTON, FL 33331
Owner's REP: EARL ANDERSON Address: 5600 S QUEBEC, SUITE 103A
ENGLEWOOD, CO 80111
REP's Email:
Owner Phone:
REP's Phone: (970) 274-1669
Referrals: Other Referrals:
Comments Due Date:
Meetings: 7st Meeting: 2nd Meeting:
Meeting Date: 05/06/2008
Review Body: boa
Public Hearing? yes
Notice Date: 04/27/2008
Meeting Notes:
3rd Meeting:
Approvals:
BOCC Resolution #: P&Z Determination #:
BOCC Ordinance #: HO Determination #
Admin Determination #:
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG):
Remarks: BOA #07-2008 #549109
Application Type:
OQt1~01 ,~ ~~
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201 CONUNDRUM CREEK ROAD
Resolution No. 07 -2008
WHEREAS, Jan and Allison Bellows, AKA AspenKarma LLC, owners of 201 Conundrum Creek
Road, aze requesting a Front Yazd Setback variance where 50 feet is required for the redevelopment
of a single family house within an approved building envelope; and
WHEREAS, the pazcel contains 3.56 acres and is located in the AR-10 zone district; and
WHEREAS, the property is described in Exhibit A; and
WHEREAS, the Boazd of Adjustment is vested with the power to grant or deny such variances by
virtue of Title II, Section 7-10.30; Pitkin County Code (Land Use Code) and Colorado Revised
Statutes, 1973, 30-28-118(2) (C); and,
WHEREAS, based on the evidence presented, the Board of Adjustment makes the following
fmdings:
1. Proper notice procedures, including the nofificafion of all adjoining property owners, has been
shown by the applicant.
2. The required hazdship or practical difficulty has been established.
3. Granting such relief will not cause substantial detriment to the public welfare and will not
substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment, that a Front Yazd Setback
variance be granted for the redevelopment of the house shown on Exhibits B and C.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING A FRONT YARD SETBACK VARIANCE FOR
The Resolution was adopted by vote of the Boazd of Adjustment of the County of Pitkin, State of
Colorado.
DATED:
May 6, 2008
The Board of Adjustment of
Pitkin County, Colorado
S~- i z - n~
Ric Head, ' date
ATTEST:
oanna S. S haffner, date
County Zoning Officer
Parcel ID# 291 l 02 ]00002
ii u u „,
Co-Chairperson
RECEPTION#: 549109, 05!13/2008 at
08:57:52 AM,
1 OF 4, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
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EXHIBIT A
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Order Ntmrber: 0o0287T1
LEGAL DESCRIPTION
A tract of lead fi tooted vi thin the boundaries of N.S.S. No. 11T; acid X. S.S• _
No. 11T being located is Section T, 4omshiy I1 South, ltaage BS Neet of the .
6th Prlaciyal Meridian tad is 9ectiaa_35~ Tomshig 30 South, Range BS Nast of
the 6th Principal xsri dl aa, duczibed ^s tollovs:
Beginning at :point oa the lies bat++eea Cornez Xo. I and Corner Xo. 11 of
X_8.5. Na. I1T rhaace said Corner No. 1 bears South 1•ZT' Bast 138.4T feet+
thence North 2•IT• Nast 45. 6T feet to tha Xorth line of said 2omship 11
South, Range 85 Nu t+
thence Neat 1T7. 63 test along Nortb line of saki TomshSP Y1 South. Range B5
Nest, to the NuCsr3y Beak of Cas C1a Cree~e Nesterly beak of Castle Craek+
thence South 15.0' Sast 91.18 test along
thence South 5.0' Nest Z32. 00 feet along NusdrWes Can lyoba~cac=eCi;tls'Creek; I
theaae 9outh~l7°0' Sast T20. 00 feat along at Castle Crsekl
th sacs South 4•T1' Neat 53.00 teat along ~Nssterly beak f Cartls Creek+ ~
thence South TS•06' Nest 110.00 teat along i
thsnca South 7.37' Nest 176.00 feat along Nu tarty beak of Castle Creak+ ,
thanes South 0°14' East 85.00 feet along Nes testy beak of Castln Creek+
thence Xoztb 75'20' Sut 53.30 tsetl Cheaas Xorth 75.44' Bast 84.08 feet+
thence North 6528, Sast 115.80 feet+~tbsaes Nor thT l9.55'agast178.94 teetr
thence North 15.37' East 16.18 teat to • point oa the leas beteesa Corner No.
1 and Cosner Xo. ]r Cho line batvaen Corner No. 1 and
tl+eaes Aorth 5•TO' EasC T34.Y5 feet along
corner Xo. T+ '.
tixanca Nortis 12.49' ~Nsst 67.73 fsst+
thence Xorth 9'58' Sast 187.72 tut to the Paiat~at 8egiaaing, as
herrlabetore dsaeribed.
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MINUTES
Meeting of the
Pitkin County Board of Adjustment
May 06, 2008
Members Present: Co-chairs, Rick Head and Patrick McAllister
Bob Throm, Michael Cooper, Jamie Brewster
Members Absent: Jim Rifkin
Staff: Joanna Schaffner, Zoning Officer and acting secretary
Susan Peazson, Zoning Officer
Head opened the meeting at 5:35 pm.
MINUTES: Throm made a motion to accept the minutes from the March 4, 2008 meeting.
Brewster seconded the motion and it passed 4-0, with Cooper not yet in attendance.
CASELOAD:
Case # 03-2008 Lot 4, Pyramid Point Estates, LLC
Lot 4, Skyview Subdivision
AKA 1560 Tieback Road, Aspen
Owner representatives, Jeff Davis, Teresa McGovern, and Vincent Coghlan, were present on
behalf of the applicant to request a 7 foot height variance where 6 feet is allowed on this 4.5 acre
pazcel in the AR-2 zone district, to construct a new single-family residence. Cooper arrived at
the meeting. Brewster stated that, as the architect on this house, she must recluse herself, and she
left the room.
The Affidavit of Posting was submitted. There were no members of the public present to
comment on this application. The owners will soon close on purchasing the two lots on either
side of Lot 4, therefore, there have been no objections from adjacent property owners.
Coghlan explained the site and design to the Board, showing plans, photos, and a model of the
proposed house, driveway and retaining wall. The property slopes down from Tiehack Road
toward Maroon Creek. Coghlan explained that the applicant wishes to push the house down the
site to reduce its profi]e. By doing so, the topography necessitates taller walls to retain the
driveway. There is an existing 75 foot tall tree that will be saved and used to screen the wall from
Maroon Creek Road. The house will be visible from the Aspen Highlands. The houses proposed
on the adjacent lots are being situated to maximize privacy, preserve views, and minimize
impacts.
Throm asked if the Fire Department approved of this plan. Davis stated that the fse department
has been provided a turnazound on the road, and that any fire would be fought from the road.
They do not need access via the driveway. Cooper stated that Tiehack Road is not a public
portal, and that there does not appear to be any negative impact to the public.
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McAllister asked that the hardship be explained. Head agreed there should be a compelling
reason for the vaziance to be granted. Why, asked Head, can't the access be off of the street?
With 4.5 acres, why does development need to occur within the setback? Coghlan noted that
they are limited by they building envelope and the topography, and that they have made every
effort to minimize the impact to the public.
McAllister made a motion to approve a 7 foot height variance necessary to allow development as
shown in the application, within the side yazd setback due to topographic hazdship. Head
seconded the motion and it passed 4-0 with Brewster not voting.
04-2008 LCW Partnership, LP
8386 Upper River Road, Woody Creek
Architect, Scott Broughton, was present representing the applicant in a request fora 45 foot
Collector Street setback variance where 50 feet is required for the redevelopment of a single-
family residence. The parcel contains 2.7 acres and is zoned RS-20.
The Affidavit of Posting was submitted. There were no members of the public present to
comment on this application.
Broughton showed the Board a site plan indicating the subject pazcel, its approved building
envelope, the adjacent 60 foot county road right-of--way, and how the building envelope is
impacted by the 50 foot setback from that right-of--way. Development on the site is restricted by
the Roaring Fork River and steep slopes. The building envelope was situated to contain the
existing development to limit further disturbance on the site. Schaffner stated that the request is
for the entire length of the building envelope so the applicant may develop freely within the
envelope. Schaffner asked if the proposed house will extend above the road. Broughton
responded that it will.
Cooper asked how the public would be affected. Broughton responded that the only impact is
from the County Road. Cottonwoods screen the residence from across the river. Brewster asked
if there were any comments from neighbors. Schaffner responded, no.
Throm made a motion to approve the application as submitted due to topographic hardships.
McAllister seconded the motion, and it passed 5-0.
OS-2008 Northstar Development, LLC
43995 East Highway 82, Aspen
Architect, Seth Hmielowski, Tom Lester, and Jim Kehoe were present to request an 11 foot
Major Road setback variance from the East Highway 82 right-of--way where 100 feet is required,
for the construction of a new single-family residence. The parcel contains 8.5 acres and is zoned
AR-10.
The Affidavit of Posting was submitted. Neighbor, Elizabeth Boyles was present to comment on
this application.
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Hmielowski showed the Boazd a site plan of the subject pazcel and pointed out the narrow,
elongated approved building envelope that avoids steep slopes elsewhere on the site. In one azea
the building envelope is only 37 feet wide. The house has been pushed back up to the 20 foot
rear yazd setback. Hmielowski stated that 570 sq ft of total area extends into the setback. Of a
total 10,000 sf in the proposed house, only 250 sf of enclosed azea extends into the setback. The
other area of encroachment is deck and overhang. Approximately 60% of the ]ower level is
below grade. He showed photos of other homes along East Highway 82 that received variances
to the 100 foot major road setback.
Boyles asked why the house had to be 10,000 sq ft if it couldn't fit within the envelope. Head,
Brewster, Throm and McAllister agreed, and commented that the house should be redesigned to
avoid needing a variance. Cooper disagreed and said that he didn't feel that the amount of
encroachment caused significant negative impact to the public.
Throm made a motion to deny the request due to lack of a demonstrated hardship. Brewster
seconded the motion and it passed 4-1, with Cooper voting to approve.
06-2008 Wofford, Bob
Lots 44, 44A, 46, 46A, Redstone Replat
476 Redstone Blvd. Redstone
Applicant, Bob Wofford was present to request a 9 foot 6 inch front yazd setback variance where
30 feet is required on this .23 acre ]ot in the VR zone district, to expand an existing deck.
The Affidavit of Posting was submitted. There were no members of the public present to
comment on this application. The applicant submitted 8 letters of support from neighbors, and
one letter of support from the Redstone Historic Preservation Commission. Cooper asked that
the letters be read into the record. Head added the letters to the file without them being read.
Wofford explained that his house predated the Zoning code. He submitted photos of the existing
residence and indicated that he wanted to minimize the scale of the front of the house. Existing
exterior stairs to the upper deck will be removed. The existing deck will be widened. This
increases the amount of encroachment into the setback, but he stressed that the new deck will not
be any closer to the road than the existing deck, just wider.
The Board discussed possible hardships. McAllister made a motion to approve the application as
submitted based on an unusual situation or condition of the property. Cooper seconded the
motion provided that the letters from the neighbors are entered into the record. The motion
passed, 5-0.
07-2008 AspenKarma
Aka Bellows, Jan and Allison
201 Conundrum Road, Aspen
Architect, Eazl Anderson and builder, Ken Smith, were present to represent the applicant
requesting a Front Yazd setback vaziance where 50 feet is required on this 3.5 acre parcel in the
AR-10 zone district, to redevelop asingle-family residence within an approved building
envelope.
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The Affidavit of Posting was submitted. There were no members of the public present to
comment on this application.
Anderson showed the Boazd a site plan showing the subject parcel and the approved building
envelope located on the flat ground between Conundrum Creek Road and Conundrum Creek. He
showed photos of the existing residence and comparisons with the proposed house. Although the
proposed house will be located within the footprint of the existing house, a 1,000 sq ft second
story will be added which will increase the volume of the encroachment within the setback. He
pointed out that the front yard setback overlaps with the new stream setback requirement.
Cooper asked what the impact to the public was. Anderson replied that there was no impact
since the house was situated well below Conundrum Creek Road.
Brewster made a motion to approve the application as submitted due to other situation or
condition of such piece of property. Cooper seconded the motion and it passed 5-0.
Schaffner introduced the new zoning officer, Susan Pearson, to the Board.
There being no further business before the Board, the meeting was adjourned.
*********xs*m*am********s***sa~***s**s***************************t******
Respectfully submitted,
~~
~ '~ oanna Sch er, Act ecretary
~':~BrO g
Date
Approved as submitted
A rov with no m gels)
~2 ~~c~S`
'ck ezd, Co-Chairman
Date
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PITKii`I COUNTY
BOARD OF ADJ[iSTNIENT
Application Form
DATE ~'~ 72008
REPRESENTATNEFG1lYl /kVIGICYSOl~I PHONE 9'10-2~~{-/(p(p0/
E-MAIL ~Q YI G 2QYI GI.VICtEY5O ~l. COWL
Fax 720--5~- d~3o
MAILIrrGADDxESSS(~oDS.n(,iebGG,Sui-fel03A,CsIretV~yU0C~I /i•IIAge,C080111
OWNER T h ~ AIII SDVI 8eII0 Ws PHONE °l5µ - 381-- ~s4. ~8
NLAILINGADDRESS 2820 ~1,tV1-I-CV 12vad, INeSiyh.FL X3331
LEG.SL DESCRIPTIONSCG~I1t7N 2,TWVISI'li p ll SouF~,l2ancte g5 UIeS-1-
SUB7ECT PARCEL ADDRESS 2.01 C0!!11~tVIGi~Yf-t !~{'l CYtG k KZGI , AFjPfiN, CD S I lp I I
PARCEL ID # ?t-11O2100002 ZONE DISTRICT AF-2Io
LOT SIZE 3.<,1P91 ftCVf5~155.~f~9~fSq•f=r:
SIGNATURE ~d/I~ILl,DD- ~D12 Ehl~l. ANDt-~.SO~I
~,
(To be completed by the Zoning Department)
CASE # 07-~UQ6
Requesting:
~ 'Front Yazd Setback Variance, where ~ ' is required.
'Rear Yazd Setback Variance, where ' is required.
' _ Side Yazd Setback Variance, where ' is required.
' _ Side Yard Setback Variance, where _' is required.
' Height Variance, where _' is allowed
Comments:
Application filed Li'-I~-(~D
Refer to
Date of Meeting ~-(D -~j
,,T,B-
Zoning
Secretary
al ]/OSG.\Com~m Fonna\Pihm Plummppi~4nlboiudmimµi boJapplic0oc
REQUEST FOR VARIANCE
April 7, 2008
C~'
Pitkin County Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Re: Setback Variance
Location: 201 Conundrum Creek Road, Pitkin County
ParcellD#: 2911-021-00-002
Description of Project: The owners, Jan 8 Allison Bellows, would like to replace the existing single-
family residence with a new single family residence, increasing the size of the residence from 2376.87
livable square feet to 3454.82 square feet, an addition of 1077.95 square feet.
Applicant Request: Applicant requests a setback variance by reason of unusual narrowness per Section
2-40-110 (b) of the Pitkin County Land Use Code.
Pitkin County Land Use Code Standards:
Per code, while the proposed replacement of the residence will occur with no change to the existing
footprint, adding the additional 1077 SF to the upper level represents an undue hardship. This existing
hardship exists due to the fact that the house resides within the current setback regulations and cannot
be moved.
This is a peculiar situation since the property is in the AFR-10 zone district and would normally allow for a
home up to 5750 SF.
With this in mind, the applicant and owners request relief and a setback variance from the strict
application of the Land Use Code, since approval of such a variance will not cause substantial detriment
to the public good and will not substantially impair the intent and purpose of the Pitkin County
Comprehensive Plan and Land Use Code.
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DETERMINATION OF TAE HEARING OFFICER OF PITKIN COUNTY, COLORADO,
GRANTING APPROVAL OF THE BERGEN 1041 HAZARD REVIEW AND CONCEPTUAL
SUBMISSION
Determination No. ~-2002
RECTTALS
l . Frank Bergen ("Applicant") has applied to the Pitkin County Hearing Officer for 1041 Hazard
Review and Conceptual Submission to establish a building envelope around the existing improvements
(residence and septic system) on the property and to allow for the replacement of the existing residence.
2. The property is addressed as 201 Conundmm Drive and is more specifically described in Exhibit A.
':Z 3. The property is zoned AFR-10. The property contains approximately 3.5697 acres (155,494 square
;L feet) and is non-conforming in size.
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~' 4. The Hearing Officer, at a duly noticed public hearing on April 16, 2002, reviewed this application,
Ii and at which time evidence and testimony were presented with respect to this application.
~" 5. The Hearing Officer finds that this application proposes development in the best possible location,
~ given the hazards identified on the property.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that he does
J hereby grant approval to the Bergen 1041 Hazard Review and Conceptual Submission, subject to [he
N? following conditions which shall run with the land and be binding on all successors in interest:
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~~ 1. The Applicant shall adhere to all material representations made in the application, dated October
18, 2001, and public meetings.
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~"~ 2. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch
mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 of the Land Use Code. The site
l~ plan shall also be submitted in a digital format for integration into the County Geographic Information
P System (GiS). The site plan shall include the following:
L
A. The three existing spruce trees identified in the Colorado State Forest letter dated December
5, 2001, shall be identified on the site plan.
i 3. W ildfire mitigation shall be as follows: I IIN+I I~I ~~ III ~I~'I~'ul'I NI VIII ~I II'I 68120082 09 39L
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A. Defensible Space: stwra ORV16 PtTKIN COUNTY CO R 0.00 D 0.00
1. The area around all stmctures shall incorporate landscaping with wildfire defensible
space considerations as follows (NOTE: Actual vegetation manipulation to meet
these conditions may not be necessary where the natural vegetation patterns have
already fulfilled these conditions):
a. With respect to the three existing spruce trees identified by the Colorado State
Forest Service, some of the branches of these trees shall be removed so they do
not [ouch any structures.
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III~IVIIIIIIIIIIIIVIIIIIIIIIIIIIII IIIVIIIIIIIIIII 058/0 9 12 0 04 0 2:39r
67lVIP DRVIS PITKIN COUNTY CO R 0.00 D 0.00
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Determination No. L-2001
Page 2
b. Any future planting of trees should be done so that any side branches will be no
closer than 10 feet measured from the outermost branch.
c. The Applicant shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
B. Structural Desittn and Construction Requirements:
1. Roofs shall have anon-combustible roof covering on a Class A assembly. Wood
shake/shingle roofcovering are prohibited in alt wildfire hazard areas. Roofs with
less than 3:12 pitch are not permitted in 104] Wildfire Areas unless they comply with
the following:
a. All roof coverings shall be non-combustible materials as defined in the Uniform
Building Code (UBC) 1997 Section 1504 and installed on a Class A roof
assembly.
b. All roof coverings shall have a surface that shall facilitate the natural process of
clearing the roof.
c. All roof design shall facilitate the natural process of clearing roof debris.
Protrusions above the rooFline, such as parapets, shall be prohibited
d. Roofs shall be installed as required by UBC 1997 Chapter I S and shall have a
minimum slope of 1:48.
e. All roof designs, coverings, or equivalent assemblies shall be specifically
approved by the Fire Marshall prior to submittal of a building permit application.
m ~ n o 2. All vents shall be screened with cortosive resistant wire mesh of one quarter inch
n „ ~ o maximum.
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t~D ~.' C. Maintenance:
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~~ 1. Roofs and gutters shall be kept clear of debris.
~~. ~ 2. Yards shall be kept clear of all litter, slash, and flammable debris.
3. All flammable materials (including firewood/wood piles) shall be stored on a parallel
~~ contour a minimum of IS feet away from any structure. Firewood/wood piles shall be
~~ stacked on a parallel contour a minimum of 15 feet away from all structures.
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C~ 1. Fences shall be kept clear of brash and debris.
g 2. Wood fences shall not be connected to the structure.
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~° 3. Fuel tanks shall be installed underground with an approved container.
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SILVIR DRVIS PSTKIN COUNTY CO R 0.00 D 0.00
- • i
Determination No. ~-2002
Page 3
4. Each structure shall have a minimum of one 10 Ib. ABC fire extinguisher.
^ 5. Addresses shall be clearly marked and visible with minimum2" non-combustible letters
and shall be clearly visible at the primary point of access from the public or common
access road and installed on anon-combustible post.
6. Any outbuildings or additional buildings shall adhere to the same standards as
swctures.
E: Utilities:
1. Utility lines shall be buried.
4. No development, including grading, excavation, fill placement, terming, landscaping, entry or
ranch gates, construction parking or staging and vegetation removal or disturbance shall occur outside of
the approved building envelope unless otherwise specified in this document, such as necessary wildfire
mitigation. Utility extension and maintenance shall occur within the approved building envelope and/or
within the existing driveway alignment.
5. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit
water consumption and additional runoff within one growing season of the project's completion.
Landscaping and revegetation on the property shall utilize low water (xeriscaping) native plant materials
and concepts.
6. The Applicant shall comply with the following wildlife mitigation:
..., A. Wood fencing shall employ 3 rails or less, be the round or split rail type, shall not exceed 48
inches in height above ground level and 12 inches in width (top view), and shall have at least
i'a I8 inches between two of the rails. Wire fencing shall consist of no more than 3 strands of
ro
~ ~ smooth wire and shall not exceed 42 inches in heig t.
~ ° o o B. All waste storage shall comply with Wildlife Protection Ordinance No. O10-2001. Prior to
r' "' n c Certificate of Occupancy, compliance with the ordinance shall be verified.
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'~ n' o C. Native vegetation shall be preserved outside of the building envelope, with the exception of
= any thinning and spacing required to accommodate wildfire mitigation.
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~a D. No riparian or wetland vegetation shall be damaged or removed.
E. Tall, overly mature and standing dead cottonwoods and spruce shall be retained whenever
rig possible as nesting and roosting habitat.
F. Any vegetation altered for an access road, utility line or similar use must be replaced with
'~~ vegetation equal in type and quantity to that being removed according to a mitigation plan
Y approved by the County Wildlife Biologist pursuant to section 3-80-080(Ax4) of the Pitkin
.tea County Land use Code.
o G. Only plant species that are identified by the Pitkin County Revegetation Guide as being
appropriate for wetland or riparian areas, or native species found to occur on site but not
listed in the Pitkin County Revegetation Guide, may be introduced into or used For
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SILVIN DRV75 PITKIN COUNTY CO R 0.00 D 0.00
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Determination No. ~-2002
Page 4
revegetation of any wetland or riparian area. The planting or introduction of any other plant
species should be prohibited.
H. Any areas outside of the building envelope disturbed during constmction must be revegetated
with native plants according to a revegetation plan submitted by the Applicant and approved
by the Natural Resource Division prior to issuance of a certificate of occupancy. The
elements of the plan are outlined in the County Wildlife's Biologist letter dated February 27,
2002.
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1. Fruii-bearing trees and shrubs should be avoided in any landscaping due to the high level of
black bear activity in the area.
7. If the existing septic system needs to be replaced in the future, the Applicant shall obtain a septic
permit from the Environmental Health Department. All sewage disposal systems must be designed by a
registered professional engineer. Sewage disposal system shall be located within the approved building
envelope.
8. A fireplace/woodstove application must be filed and approved by the Community Development
Department prior to the issuance of a building permit.
9. The Applicant shall comply with all codes and requirements of the Aspen Fire Protection District.
10. Development of 30 inches above or below grade within the required property setbacks requires
approval of a variance by the Board of Adjustment.
11. Prior to commencement of any earthmoving or constmction activity, the Applicant shall stake the
comers of the building envelope and install construction fencing azound the perimeter of the building
envelope. The fencing shall remain in place until issuance of certificate of occupancy.
12. The Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for
review and approval, prior to the submittal for any building permits. The plan shall address the
management of runoff during construction and after constructim is complete.
13. The recommendations in the Geotechnical Investigation report conducted by CTI./Thompson,
Inc. shall be followed. This includes mitigation for subsurface conditions, slope stability, retaining walls,
gazage foundations wall, construction sequence, site earthwork, footing foundation, and surface drainage.
A copy of the final version of the geotechnical investigation report shall be submitted prior to the
recording of this Determination as it will be Exhibit B.
14. At the time of building permit application submittal, the Applicant shall submit, for review and
approval by the County Engineer, a Construction Management Plan in accordance with the Asset
Management Plan. The Construction Management Plan shall indicate that vehicles associated with
construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County
Law, such as parking on County rights-of--way.
15. All lighting shall comply with the regulations of the Land Use Code.
16. All development must comply with the provisions of the Pitkin County Noxious Weed Management
Plan.
{II/'' I'mIINI IfN~n' I N I{'I~nI IIpII 467197
I Ifl~ i~~~~ ~ I~,IC IIIII,I I{I,1 III VIII ~II I~I 0S0/0aD20aB0 2.39r
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Determination No. ~~-/I002
Page 5
17. The Applicant shall comply with the following standards for development on slopes of greater
than 15%:
A, Adequate mechanical support shall be provided for cut slopes.
B. Adding water which may decrease slope stability shall be avoided.
C. Adding weight to the top of the slope shall be avoided.
D. Disturbed slopes must be contoured so that they can be revegetated.
E. Steepening of existing slopes shall be avoided.
F. Cuts, fills, grading and excavation shall be limited to the minimum area needed for
construction.
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18. Pursuant to Ordinance No. 022-2000, the Applicant is subject to the Fair Share Requirements and
shall pay a road impact fee as calculated at the time of building permit issuance.
19. Floor area shall be limited to 5,750 square feet exempt from growth management. Floor azea
shall be calculated based on the definition in effect at the time of building permit submittal.
20. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on April
16, 2005.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIlYIES ON THE 16TU DAY OF
FEBUARY, 2002.
APPROVED AND ADOPTED ON THE 16TH DAY OF APRIL, 2002.
VESTED RIGHT NOTICE PUBLISHED ON THE ~ DAY OF MIh 1 , 2002.
ATTEST:
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Isabel Calderon,
Administrative Assistant
APPROVED AS TO FORM:
~~
John Ely
Co ttorney
34u-oat- ae- coa
HEARING OFFICER
OF PITKIN COUNTY, COLORADO
---
i
~ James R. True,
Hearing Officer
Date: '~ .23 ~~-
APPROVED AS TO CONTENT:
_ ...
Cindy Hou n,
Community Development Director
Pooa-oa 467197
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EXHIBIT A
Order Number. ooa7a771
LEGAL DESCRIP170N
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a tract of land aitwted ri thin the boundasiu o! H. a.S. No. 1177 s+id H. a.
Towshi 11 Boutb, RanB'e BS Mest of the
No. 117 being located in 9eotioa 7, 2brnship 30 South, Range BS Nast of
6th Prtaaiyal aeridian and is 8sceioo 35,
the 6th Principal 1[eridiera, ducribed a follows:
' aegiaaing at a point oa the liner between Corner No. 1 cad Corner Ne. 31 al
H. a. S. No. 117 rheaee said Corner No. 1 bears South i•17' East 338.47 feet)
Chance Nortl+ 1.11• Nest 45.67 feet to the North line of said Township 11
Bou th, Range 85 Nutt Rea a 85
thence Nest 777.63 test along North line of said Township 21 South. 8 ',
Nest, to the Nuterly Hack of Cas C1e Creek? .~.
theaas South IS•O' east 91.18 test aloa4 ~• Ilestsrly bank of Cutle Creak)
thecae South 5.0' Nest 137.00 feet along Nuterly beak of Cu tle Creeks
thsnee 9outhl7.0' Ease 770.00 !ut along said Nuterly bank of Castle Creek;
..~ thence Bouth 4°77' Nsst 53.00 fut ^loag ~~ sterly beak f CastLlCresk~J
theoce Bouth 71.06' Nast 1?0.00 fut a1oa9NUter1Y bank of Getle Creek)
thanoa South 7.37' Nut 176.00 feet along of Castle CseakJ
thence Bouth 0.14• asst 85.00 feet along Neaterly bank
thuce North 75.10' East 53.10 lest/ thecae North 75.44' aaaC 84. OB tact)
Cheaoe North 45.18'aast 67.00 feet) thsaae North 77'14' East 158.47 teat)
theaas North 6.4J' east 115.80 IutJ Chaaca North 19.55' asst 78.94 faeti
thence North 15.37' East 76.18 test to • point oa ehs l;ere bstwsea Corner No.
1 cad Cornez No. 7J the 13ae ba twaea Corner No. 1 cad
theaos Nozth 5.70' EasC 734.15 tut along
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thecca North 17.49' Neat 67.73 !e^CJ
thsace NorCb 9'38' last 187.71 tut co the point at 8egiaaiag, a^
bereiabetore described.
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Jan & Allison Bellows
2820 Hunter Road
Weston FL 33331
April 7, 2008
Aspen/Pitkin Community Development Department
130 S. Galena Street
Aspen, CO 81611
Re: Variance of Structure Height or Setback
Parcel ID#: 2911-021-00-002
To Whom It May Concern:
We hereby give our consent to Earl Anderson, of Earl Anderson & Associates,
Ltd. with offices at 5600 S. Quebec St., Greenwood Village, CO 80111, 0-55
8828, to be our representative and authorize him to pr9¢ess-o~ ap i
ince ly,
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Jan ellows, DVM
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LEGAL DESCf~IPTION
A TRACT QF 4+-N0 .SITkIATED N1'/HIM TWIE ARIES OF H.E.S. 112: SA+p H.E.S..
NO . 1 i 2 1~ tlla Lt1~AT~Z,p t N $P:CT I ER/ 2. i SHIP I 1 90UTH . RAMOE irS ~&StSiF T#iE
erh PRtlVfrtPA~. !!1&Rf!}7 AN Ate 111 '9ECT10N SS. tDRNSHIP 10 SOUTH. RANfdE #5 tiE9T OF
TILE 6rh PRINCIPXL t1ERtD1AN. BESCRtRED AS FOLLONS:
#EOINNINO AT A PpINfi flN FHE~~a. 6ETNEEN CQRIIER N0. I AND GORNER N0. 11 OF
H . ~ . S . NO. I I Y NHEAICfr SAaf3 C~ 1k! • 1 eE~tS SOk1TH 1' 12 ' EAST I S# .42 FEET
T4'~T;tGf (YIIR:TW 1'12.'.. WEST y5,42 F;16ET Ta THE (1i9RTH LINE OF SA10 TOUNSHIP t 1
132..01 FEET At4MG MLES'ttLY tiAfNS OK CASTLE CREEK:
'AeE 635
eD RIQHt OF NAY
LOFT TRUCK TRAIL'
LI- o #CD~ ifw.W F ~ nkV~NS~ STkRLT 1Fryl11[ PF GASTkE GRI;7;K: TIIENfh'E SAtiTH
7'3 'NEST t7i-.O.t).FE.T At.bT1C3 STERI.Y #AE#( OF CiSE,' E CR TilEtiCE SQUTW d14'
EAST 65.00 FE(T.LFLCI/+I.S3 ME$TE#LY 6lillt( AF CA~EF~& C~l~%: TMoN1~~ NDIETN YS'10' EAST
53.10 FOfT: Tl94~NiGE NORTH 2544'.EXST 34.@b Fit:. Tt1E}1CE MOpTH 451!' EAST 67.00
FEET: 7N&IiCf NTH Z;t'14' E~#Tf5%.~tY t~ET: 6 !gip TH E"i2' EAST 115.60
FEET: TtiEtlCE Nfi!IFTW 15' EI!'ST 71}.•fN FEET: ~ M9R.j'H IS'3)' E.A6T 28.10 FEEL
TD A pfl tNt pN ffN t, tNE NE EN CQR11&R N0. 1 ANp CORNER Mq . 2 : TFR?NCE NORTtt
S'2lf' EA*~1 234.15 FEEL ALa~T11E IME g~ N S~D#NER N0. 1 A11D CORNER N0. 2:
TPIENCF NORTH (.2'!19' N4eST 67.23...T: t~ 1tttRtH 9'5a' EAST 1a7.7t FEETtO
COUNTY OF PI TKIN. STATE OF COLORA90
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CARVELLI PETER ~ COMJNDRUM TRUST ~E CREEK LLC
HiLD DAVID J
PO BOX 2377 639 ADELAIDE DR 1520 MONK RD
ASPEN, COB 1612 SANTA MOMCA, CA 90402 GLADWYNE, PA 19035
^^"i53S400003 273535400006 273S3S401002
CASTLE CREEK PROPERTIES LLC HEIl2LOOM PROPERTIES COLORADO HIGHLAND RANCH LTD
C/O PEBtCE FREDERICK F LLC PO BOX I iS2
600 E HOPKINS AVE #20S 10077 GROGANS MILL RD STE 475 ASPEN, CO 81612
ASPEN, CO 81611 THE WOODLANDS, TX 77380 291102100011
291102100003 291102100010
ARGAND HOLDING H LLC
2001 KBLBY DR #1210
HOUSTON, TX 77019-6081
291102100012
GOUDVIS ANNE K
GOUDVIS PATRICIA J
210 LIPON WY
BOULDER, CO 80303
291102401001
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County of Pitldn }
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State of Colorado }
AFFIDAVIT OF MAILING
PURSUANT TO
PITIQN COUNTY LAND USE
I ~~ ~ ~~~ ,being or representing an Applicant to the
Pitkin County Boazd of Adjustment, personally certify that I have complied with the public notice
requirements of Section 2-20-100 (3) and (4) of the Pitlcin County Land Use Code in the
following manner:
1. By mailing of notice, a copy of which is attached hereto, by first class, U.S. Mail to
all owners of property adjacent to the subject property, as indicated on the attached
list, on the Z ~ day of ~cWl I , 2005. The names and addresses of the adjacent
property owners were those on the current tax records of Pitkin County as they appeazed
no more than 60 days prior to the mailing.
2. By posting a sign in a conspicuous place on the subject property (so it was seen
from the neazest public way) on the 2 I day of ~_, 2005, which was at least
fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached
hereto.
App icant's name (Please print)
:NOTARI%
--.....s
~.~'ti13L1Cr<
~pV~ ~tVI~2YSON
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: I/~b ~ZO l I
~I'I N SGIn I y~P
Notary Public
Notary Public's Signature
~,
Jt~~°~~.
Signed before me this CO day of~_,
2008 by
PUBLIC NOTICE
RE: Front Yard Setback Variance for 201 Conundrum Creek Road
(Case 07-2008)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 06, 2008, to
begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the Commissioner's
Meeting Room in the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Board
of Adjustment, to consider an application submitted by AspenI{arma, LLC, Aka: Jan & Allison
Bellows, 2820, Hunter Road, Weston, FL 33331, requesting a Front Yazd setback variance
where 50 feet is required on this 3.5 acre parcel in the AR-10 wne district to reconstruct asingle-
family residence within an approved building envelope. The State Parcel Identification Number
for this property is 2911-021-00-002.
For further information contact Joanna Schaffner at the Pitkin Community Development
Department, (970) 920-5105.
Pitkin County Board of Adjustment
Published in The Aspen Times on April 27, 2008
Pitkin County Account No. 002.02
f~ n
~Vi~~L
CARVELLIPETER
PO BOX 2377
ASPEN, CO 81612
273535400003
CASTLE CREEK PROPERTIES LLC
C/O PEIItCE FREDERICK F
600 E HOPKINS AVE #205
ASPEN, CO 81611
291102100003
ARGAND HOLDING II LLC
2001 KIRBY DR #1210
HOUSTON, TX 77019-6081
291102100012
• ONUNDRUM TRUST
639 ADELAIDE DR
SANTA MONICA, CA 90402
273535400006
HEIRLOOM PROPERTIES COLORADO
LLC
10077 GROGANS MILL RD STE 475
THE WOODLANDS, TX 77380
291102100010
GOUDVIS ANNE K
GOUDVIS PATRICIA J
210 UPON WY
BOULDER, CO 80303
291102401001
.CASTLE CREEK LLC
C/O FIELD DAVID J
1520 MONK RD
GLADWYNE, PA 19035
273535401002
HIGHLAND RANCH LTD
PO BOX 1152
ASPEN, CO 81612
291102100011
31
• ,
PUBLIC NOTICE
RE: Front Yazd Setback Variance for 201 Conundnun Creek Road
(Case 07-2008)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 06, 2008, to
begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the Commissioner's
Meeting Room in the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Board
of Adjustment, to consider an application submitted by AspenKarma, LLC, Aka: Jan & Allison
Bellows, 2820, Hunter Road, Weston, FL 33331, requesting a Front Yazd setback variance
where 50 feet is required on this 3.5 acre parcel in the AR-10 zone district to reconstruct asingle-
family residence within an approved building envelope. The State Pazcel Identification Number
for this property is 2911-021-00-002.
For further information contact Joanna Schaffner at the Pitkin Community Development
Department, (970) 920-5105.
Pitkin County Board of Adjustment
Published in The Aspen Times on Apri127, 2008
Pitkin County Account No. 002.02
~(i~r..Z7
PITKIN CITY COMMUNITY DEVELO~NT
Permit Receipt
RECEIPT NUMBER 00025833
Nafne: Woodstone Inc Date:4/17/2008
Prqject Address: 201 CONUNDRUM CREEK RD
Tyne: check # 10674
Permit Number Fee Description
0006.2008. PBOA
PP- Board of Adjustment Fee
Amount
648.00
648,00
J~:~.;33
N
~~
AGENDA
PITKIN COUNTY BOARD OF ADJUSTMENT
May 06, 2008
5:30 P.M.
Commissioner's Meeting Room
NEW BUSINESS:
03-2008 Lot 4, Skyview PUD
Aka 1560 Tiehack Road, Aspen
Requesting a 7 foot height variance where 6 feet is required for a driveway retaining wall to be constructed
in the setback. The pazcel contains 4.5 acres and is zoned AR-2.
04-2008 LCW Partners
3836 Upper River Road
Requesting a 45 foot Collector street setback variance where 50 feet is required from the County road right
of way, to replace a single family residence. The pazcel contains 2.7 acres and is zoned RS-20.
OS-2008 Northstar Development, LLC
43995 Highway 82, Aspen
Requesting an 11 foot Major Road setback variance where 100 feet is required from the E. Highway 82
right-of--way, to construct asingle-family residence on this 8.5 acre pazcel in the AR-10 zone district.
06-2008 Wofford, Bob
Lot 44 & 44A, Redstone Townsite
Aka 476 Redstone Blvd. Redstone
Requesting a 9 foot 6 inch Front Yazd setback variance where 30 feet is required on this .23 acre lot in the
VR zone district, to expand an existing second level deck.
07-2008 Aspen Karma LLC (Aka: Jan & Allison Bellows)
201 Conundrum Creek Road
Requesting a Front Yazd setback variance where 50 feet is required to reconstruct a residence in the
setback. The property is zoned AR-10 and contains approximately 3.56 acres.
MINUTES:
Please review the minutes of the March meeting.
PLEASE CONTACT JOANNA AT 920-5105 TO CONFIl2M YOUR ATTENDANCE
J~:, ~34