HomeMy WebLinkAboutpitkin.boa.08.03rarcellD:1
Description:
14-004
Application Date:
.ot 4 Pyramid Point Estates LLC Height Variance
access BOA #03-2008
Project Address: 1560 TIEHACK RD, ASPEN, CO 81611
Property Owner: WAX Address: 1150 LOWER RIVER RD
ASPEN, CO 81611
Owner's REP: JEFF DAVIS Address: PO BOX 7699
ASPEN, CO 81612
REP's Email:
Referrals: Other Referrals:
Comments Due Date:
Meetings: 1st Meeting: 2nd Meeting:
Meeting Date:
05/06/2008
Review Body: boa
Public Hearing? yes
Notice Date: 04/27/2008
Meeting Notes:
Approvals:
BOCC Resolution #: P&Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #:
Otherlnformation:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG):
Remarks: BOA #03-2008 #549105
Application Type:
Planner:
No:
# Copies:
Allocated Hours:
Over Hours:
Owner Phone:
REP's Phone: (970) 920-0236
3rd Meeting:
CC~C~~ o-I, ~Q
WHEREAS, Lot 4 Pyramid Point Estates LLC, owners of Lot 4, Skyview PUD, aze requesting a 7
foot height variance where 6 feet is allowed; and
WHEREAS, the parcel contains 4.5 acres and is located in the AR-2 zone district; and
WHEREAS, the Board 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 Boazd of Adjustment makes the following
fmdings:
1. Proper notice procedures, including the notification 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 Boazd of Adjustment that a 7 foot height variance
be granted for a driveway retaining wall as shown on Exhibit A, due to topographic hazdships.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
RESOLUTION OF THE PITHIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING A VARIANCE HEIGHT VARLANCE
ON LOT 4, SKYVIEW PUD
Resolution No. 03 -2008
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of
Colorado.
DATED:
May 6, 2008
The Board of Adjustment of
Pitkin Co3xnty. Colorado
ATTEST:
0 ; -ti-off
oanna S. laffiler, date
County Zoning Officer
Parcel IIkt 273514214004
~' ~Z~~~
date
RECEPTION#: 549105, 0511 3/2 0 0 8 at
08:57:48 AM,
~ OF 2, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
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.~~;03
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 Pearson, Zoning Officer
Head opened the meeting at 5:35 pm.
MINTTTES: 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 Tiehack 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
parcel 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
]eft 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 dawn from Tiehack Road
toward Mazoon Creek. Coghlan explained that the applicant wishes to push the house down the
site to reduce its profile. 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 fire department
has been provided a turnaround 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 appeaz to be any negative impact to the public.
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 hardship. 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 parcel, 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 vaziance 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.
i5 Ali V 'J V
Hmielowski showed the Board 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 lower level is
below grade. He showed photos of other homes along East Highway 82 that received vaziances
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 yard setback variance where
30 feet is required on this .23 acre lot 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 hazdships. 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 aze 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 variance 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.
v~12'.;~
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 pazcel 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 Yazd 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.
*:**:*:*+sx***a****x**a**r**a*******s*m*ssx**x**s*******x**r*:^**s*a**a*
Respectfully submitted,
1
t a oannaa~ er, Act ecretary
~ G•~a*o$
Date
Approved as submitted
A rov with no d-ch e(s)
'ck d, Co-Chairman
Date
PITh'hI COUNTY
BOARD OF ADNSTb1ENT
Application Form
DATE 3. 31' ZGC.~ ~a~-~s~~ r"~cLt~ 1~'ZC-~C - ~."vt, w~cL~D
1Z~cttyccw wr~~( ~ I`~CSSCG .
REPRESENTATIVE JEFF ~~S PHONE ~~ . g Zo .aa 3~,
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MAILIi 1G ADDRESS ~ p. 3o~t ~4,Q`~
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OWNER c~o SZ~c.~~rcp F!. W-~jc $ i'~ssoC.• PHONE ~~~0. ~~O.Oa3~
MAILING ADDRESS ~ d • ~~~q
LEGAL, DESCRIPTION ~ Vlt'k] ~PtiS~ L.6rt'
SUBJECT PARCEL ADDRESS \ S (o O T1 Em~~r ~L 'lZa t D~PLr`~
P,~RCEL ID # a ~~5 ~ ~~ a ~ y tray ZONE DISTRICT S~yv1 Ck~ 1~UD
LOT SIZE y . _~ Y~c~CLtS }~ ~ r ~
SIGNATURE
(To be completed by the Zoning Department) _
CASE n C~J ~OO~,
Requesting:
' Front Yazd Setback Variance, where ' is required.
'Rear Yard 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: J.nr' (a ~~6'iv~.wC:~-'-1 ~r0~(k.r,i~Lt W
Application filed ~(- t{-~0
Refer to
Date of Meeting ~~~~
idvi4ees-A4et~ed
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Zoning Officia~~t c.o.~/ , ;'\ ~~G~ ~ r~
Secretary
Ill ]/oaG:\Com~e. Fo.ms W Ihm PIU.nV~g~pukin\EOiWmm\pn Eoe\applie.DOc
March 31, 2008
Community Development Department
Attn: Joanna Schaffner
103 South Galena Street
Aspen, CO 81611
Re: Pitkin County Board of Adjustment
May 6'" Meeting Date
To Whom It May Concern:
Richard Wax & Associates the Owner of Skyview PUD Lot 4 is requesting the following
variance, due to the topographical hardship of the existing site:
1. A 7'-0" variance for the construction of a driveway access retaining wall located within
the setback in the development envelope, for a max 13'-0" high wall from finish grade.
We have carefully designed the residence to sit lower on the lot to reduce the visual
impact of the house from Tiehadc road and across the river along Maroon Creek Road.
Due to the existing steep site conditions we are requesting a driveway retaining wall
variance to site the house as low as possible. This lot Is heavily vegetated and the
retaining wall will be screened by existing vegetation and new plantings. Please note
there is an existing 75'-0° +/- ~nifer tree located to the Northeast of the proposed
retaining wall that will screen the increased height.
Jamie L.~rewster McLeod, AIA
Brewster McLeod Architects, Inc.
BREWSTER MCLEOD ARCHITECTS, INC.
~~ ~ ~ 708 South MITI SVeet, #202 - P.O. Box 897 -Aspen, CO 81811 - T 970/544.8200 - F 970/544.8201
Map of 1560 Tiehack Rd Aspe~O by MapQuest ~ Page 1 of 1
AA~1-!~1[SL
A: 1580 Tlshaek Rd, Aspen, CO 81611
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rouge used
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slbnel oNy. VVe mYce no~reunntles on pie ecaxecy of their corAen4 road condXbrre or
n. You assume N Ask of use. Meptlusst and Ib suppYsre strM not be Yebb to you For
your use of • Your use of AAsp~ussl mee~u you spree fn our Terms of Use
http:l/www.mapquest.com/maps/1560+Tiehack+Rd+Aspen+Cp+81611/ 3/28/2008
April 3, 2008
Community Development Department
Attn: Joanna Schaffner
103 South Galena Street
Aspen, CO 81611
Re: Noticing Adjacent Property Owners
Skyview PUD: Lot 4
1. Skyview PUD: Lot 3
Epoch-Dempsey DLVP, LLC
c/o Epoch Properties
359 Carolina Ave.
Winter Park, FL 32780
2. Skyview PUD: Lot 5
Epoch-Dempsey DLVP, LLC
Go Epoch Properties
359 Carolina Ave.
Winter Park, FL 32780
3. Above: Open Space
No information available
4. Below: Open Space
Pitkin County
530 E. Main Street #302
Aspen, CO 81611
BREWSTER MCLEOD ARCHITECTS, INC.
brevustertncleodarchitecfa~ymall.com
., ~ . 106 South Mill Street, #202 - P.O. Box 697 -Aspen, CO 81611 - T 970/544.9200 - F 970/544.9201
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PUBLIC NOTICE
RE: Height Var[ance for Lot 4, Skyvlew Snbdivltlon
(Case 03-2008)
NOTICE is HEREBY GIVEN that a public hearing wilt 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 Pitkitt County Board
of Adjustment, to consider as applicatiott submitted by Lot 4, Pyramid Point Estates, P O Box
7699, Aspen, CO 81611, requesting a 7 foot Height variance where 6 feet is required on this
4.5 acre parcel in the AR-2 zotte district for a drivoway retaining wall within the setback. The
State Parcel Identification Numbcr for this property is 2735-142-14-004.
For further information contact Joanna Schaffner at the Pitkin Community Development
Department, (970) 920.5105.
Pitkin County Board of Adjustment
Published in The Aspen Tima on April 27, 2008
Pitkin County Account No. 002.02
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County of Pitkin }
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State of Colorado 1
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AFFIDAVIT OF MAILING
PURSUANT TO
PITHIN COUNTY LAND USE
being or representing an Applicant to the
Pitkin~o~nty Board of Adjustment, personally certify that I have complied with the public notice
requirements of Section 2-20-I00 (3) and (4) of the Pitkin County Land Use Code in the
following manner:
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I. By rnailing of notice, a copy of which is attached hereto, by first class, U.S. Mail to
all owners Iof properly adjacent to the subje(c~t properly, as indicated on the attached
list, on the L ~ day of (L 200!x. The names and addresses of the adjacent
property owners were those on the current tax records of Pitkin County as they appeazed
no snore 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 nearest public way} on the ~ D day of
fifreen (15) days prior to the public hearing. A
hereto.
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giant's name
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(Please print)
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of the posted sigfi ~ attached
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WITNESS MY HAND D OFFICIAL SEAL
My commission expire ~
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Notary Public's Signature
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PUBLIC NOTICE
RE: Height Variance for Lot 4, Slcyview Subdivision
(Case 03-2008)
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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 Boazd
of Adjustment, to consider an application submitted by Lot 4, Pyramid Point Estates, P O Box
7699, Aspen, CO 81611, requesting a 7 foot Height variance where 6 feet is required on this
4.5 acre pazcel in the AR-2 zone district for a driveway retaining wall within the setback. The
State Pazcel Identification Number for this property is 2735-142-14-004.
For further information contact Joanna Schaffner at the Pitkin Community Development
Department, (970) 920-5105.
Pitkin County Boazd of Adjustment
Published in The Aspen Times on April 27, 2008
Pitkin County Account No. 002.02
Jt~~;18
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 Tieback 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 parcel 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.
MINiITES:
Please review the minutes of the March meeting.
PLEASE CONTACT JOANNA AT 920-5105 TO CONFII2M YOUR ATTENDANCE
~~v~~~
PITKIN ~NTY COMMUNITY DEVELc>~wENT
Permit Receipt
RECEIPT NUMBER 00025746
Name: Pyrmid Point Lot 4 Date:4/3/2008
Project Address: NO ADDRESS ASSIGNED
Type:
check # 343102
Permit Number
0002.2008. P BOA
Fee Description
PP- Board of Adjustment Fee
Total:
Amount
600.00
600.00
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