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_~Nichols F~I.NR: Joanna ScheNner
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-~ Gary Nichols ,: PO BOX 6116 ~ : _, Aspen, CO 61612 PN 970-379-1801
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RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING A MAJOR ROAD SETBACK VARIANCE FOR
LOT 5, BLOCK 4, KNOLLWOOD SUBDIVISON
Resolution No. OS-2007
WHEREAS, Gary Nichols, owner of 42426 East Highway 82, is requesting a 66 foot Major Road
setback variance where 100 feet is required, to increase the height of an existing gazage located
within the setback; and
WHEREAS, the parcel contains 20,782 sf and is located in the R-15 zone district; and
WHEREAS, the property is described as Lot 5, Block 4, I{nollwood Subdivision; 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
findings:
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 substantial detriment to the public welfaze 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 66 foot Major Road
setback variance be granted for the plans shown on Exhibit A and B, based on topographic and
downzoning hardships.
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 Pitkin, State of
Colorado.
DATED: August 7, 2007
ATTEST:
Joanna S. Schaffner, "date
County Zoning Officer
The Board of Adjustment of
Pitkin County, Colorado
6
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Rick Hea , date
Co-Chairperson
Parcel ID# 273718401001 RECEPTION#: 540991, 08/14/2007 at
03:29:28 PM,
1 OF 3, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
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MINUTES
Meeting of the
Pitkin County Board of Adjustment
August 7, 2007
THERE IS NO TAPED RECORDING OF THIS MEETING
Members Present: Rick Head, Co-Chair
Michael Cooper
Jamie Brewster
Patrick Mc Allister, Co-Chair
Bob Throm
Jim Rifkin
Members Absent: Isabel Day
Staff: Joanna Schaffner, Zoning Officer and acting secretary
McAllister opened the meeting at 5:35pm. McAllister disclosed that he worked for
Brooke Peterson who worked for the applicant many years ago. He and the Board felt
that there was no conflict of interest, and the applicant had no objection to his hearing the
case.
CASELOAD:
OS-2007 Nichols, Gary
Lot 5, Block 4, Knollwood S/D
Aka 42426 Highway 82, Aspen
Gary and Lucy Nichols were present with their architect, Scott Lindenaur to request a 66
foot Major Road setback variance where 100 feet is required from the East Highway 82
right-of--way, in order to raise an existing roof located within the setback.
The Affidavit of Posting was submitted. No members of the public were present to
comment on the application.
The Nichols represented that they wished to raise the ceiling in their gazage to allow for
bigger vehicles. The existing driveway slopes downwazd too much to allow the gazage to
be lowered on the site. They therefore, wish to raise the roof over the gazage by four feet.
Existing mature trees located between the structure and the highway screen the develop-
ment from the highway. They stressed that there will be no change to the existing
footprint and no neighbors will be impacted.
Schaffner noted that the original house was constructed in the 1960's, and was added
onto in the 1980's. No previous variance from the Board of Adjustment was found.
~~ij s0~~
Head asked what was the hazdship; since the Nichols just bought the property, they knew
of the setback requirement. Cooper countered that the impairment is not substantial.
McAllister stated that the setback was imposed after the house was constructed, and since
there is no increase in the footprint, he has no objections to the request.
Head made a motion to approve the request pursuant to downzoning and topographic
hazdships. Cooper seconded the motion and it passed with a vote of 5-0 with Brewster
abstaining.
MINUTES:
Head made a motion to approve the minutes of the Mazch and June meetings. Cooper
seconded the motion and it passed unanimously.
There being no further business, the meeting was adjourned.
****+*x****x*****r******xs*****s**m**m**~*~********************~****:~~*
Respectfully submitted,
/ ..~rn .~~.I_ vtLi .~~nw e~-
36anna Schaffner, Ae`t~g Secretary
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Date
[] Approved as submitted
[ ] Approved with noted change(s)
McAlli er, ~ o- h
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PITKIN COUNTY
BOARD OF ADJUSTMENT
Application Form
DATE 2. Q
REPRESENTATNE ~~ ~,~ ~ 1 ~ ~ ~ PHONE ~ ~ ~- ~ g'Q
E-MAIL Q~L~~"t--i' 1 fGVL~IS ~ ~IUrfA~ FAX ~(~ S - / C7~
MAILING ADDRESS ~ D
OWNER ~i~~,lO ~LLVI.~~~
MAILING ADDRESS
LEGAL DESCRIPTION
SUBIECT PARCEL
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PARCEL ID ~ p( 73 ~ ~ f ~ ZONE DISTRICT ~ - I---
LOTSIZE_ ~ f~ 7~~ // ~J
SIGNATURE
(To
Requesting:
completed by the Zoning Department)
' Front Yazd Setback Variance, where ' is required.
'Rear Yazd Setback Variance, where ' is required.
' _ Side Yard Setbat;k Variance, where _' is required.
' _ Side Yard Setback Variance, where _' is required.
' Height Variance, where _' is allowed
Comments: ~,~ ' b-1 e~ _ ~ 7 J __ J i 1...
CASE ~ 0 - 2 (jp
Application filed ~ ~~_
Refer to
Date of Meeting 06~
Notices Mailed
V I ]lo]G:~CnmOe. Fo.m~W akin Plmninppl,tin~by'opmin\pn ynnyPylicLOc
Zoning 0
Secretary
Z~ ~ St~I
a r c h i t e c t s
Monday July 2, 2007
Pitkin County Community Development
130 South Galena
Aspen, CO 81611
RE: Variance Request for Lot 5, Block 4-Knollwood Subdivision, Aspen,
Colorado
County Staff and Planning Board,
We are requesting a variance at the above mentioned property as the existing
structure either lies within a 100' setback from Highway 82 or within a 50' setback
from the river. The hardship being is that we are within the 100' setback from
Highway 82.
What we are hoping to do is raise the ceiling of the existing garage to get larger
garage doors in order to get current SUV's into the garage with gear/racks. See
the attached photos. Currently, the floor to ceiling height in the garage is only 7'-
9". To do this, we will need to raise the garage ceiling by 18" and will need to
raise the height of the house by a total of 4' to accommodate the elevated
garage height.
Currently, the house at this location is 18'-0" tall. See the attached elevations,
existing and proposed. We are asking for a total height of 22'-0" to accommodate
these needs and this is 6' below the height limit of 28'. See the attached site
photos that show this house is virtually screened and hidden from Highway 82.
Please call me with any questions and we look forward to continuing our efforts.
Best Regards,
Scott Lindenau
501 rio grande place suite 104 aspen co. 81611 970 920 9428 fax 970 920.7822
w w w .studiobarchitects net
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http://www.mapquest.com/directions/main.adp?go=1 &do=nw&rmm=1 &mo=ma&un=m&c... 7/2/2007
PUBLIC NOTICE
RE: Major Road Setback Variance for
Lot 5, Block 4, Knollwood Subdivision
AKA 42426 East Highway 82
(Case OS-2007)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 07, 2007,
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 Gary Nichols, P O
Box 8116, Aspen, CO, requesting a 66 foot Major Road setback variance where 100 feet is
required as measured from the Highway right-of--way, to construct an addition to the existing
single-family residence. This parcel contains 20,782 sf and is located in the R-15 zone district.
The State Parcel Identification Number for this property is 2737-184-01-001.
For fiu-ther information contact Joanna Schaffner at the Pitkin Community Development
Department, (970) 920-5105.
Pitkin County Boazd of Adjustment
Published in The Aspen Times on July 28, 2007.
Pitkin County Account No. 002.02
,~~;1,.~.~J
AGENDA
PITKIN COUNTY BOARD OF ADJUSTMENT
August 07, 2007
5:30 P.M.
Commissioner's Meeting Room
CASELOAD:
OS-2007 Nichols, Gary
42426 East Highway 82
AKA Lot 5, Block 4, Knollwood Subdivision
Requesting a 66 foot major road setback variance where 100 feet is required as measured from the
Highway 82 right-of--way, for an addition to asingle-family residence. The lot contains 20,782 sf and is
zoned R-15.
MINUTES:
Please review minutes for the March and June meetings.
PLEASE CONTACT JOANNA AT 920-5105
TO CONFIRM YOUR ATTENDANCE
^~~ii~a1~
County of Pitkin
State of Colorado
AFFIDAVIT OF MAILING
PURSUANT TO
PITHIN COUNTY LAND USE
ss.
J i
I, ~ PrZ~./ N L C_.VLCj S ,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 Pitkin 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 day of , 200_ . The names and addresses of the adjacent
properly owners were those on the current tax records of Pitkin County as they appeared
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 nearest public way) on the ~ 3 day of 3_~, 2001, which was at least
fifteen (15) days prior to the public heazing. A photograph of the posted sign is attached
hereto.
~ R ~ N i ~l~a~ s
Applican 's name (Please print)
tESSA 0.
NGSCtIWERDT
IAI Cwmm<ssm^ Fxoires itf04C1009
WITNESS MY HAND AND OFFI IAL SEAL
My commission expires: D ~'
N tazy Publi
Notary Public's Si
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Signed before me this~_day of~,
200? by
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CC~IUNITY DEVELOPMENT DEPART1~+iT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526
Pitkin County
Land Use:
172 Board of Adjustment
159 County Land Use Code
174 Flat Fee
162 Zoning and Sign
169 Public Notice+
160 Planning Enforcement
175 Hearing Officer
Referral Fees:
210 Airport
LUCO1 County Clerk
193 County Engineer
194 Environmental Health
208 Historic
198 Housing
190 Land Management
209 Redstone HPC
206 Wildlife Officer
Building Fees:
170 Board of Appeals
105 Building Permit
120 Electrical Permit
195 Energy Code Review
115 Mechanical Permit
150 Plan Check
110 Plumbing permit
]30 Reinspection
152 AVFD Fire Marshal
158 BFD Fire Marshal
Other Feea:
155 Use Tax
165 Copy
PZ005 Master Plan Copy
185 Park Dedication
IS GIS Requirements
161 Housing Impact Fee
B 1202 Road Impact Fee
B1203 School Impact Fee
EH025 Air Quality Impact Fee
Other
TOTAL
ADDRESS/PROJECT
`~CY iJ ~J 61 ~~.
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