Loading...
HomeMy WebLinkAboutpitkin.boa.min.09.01.2009MINUTES Meeting of the Pitkin County Board of Adjustment September 1, 2009 Members Present: Co-Chairs: Jamie Brewster-McLeod and Rick Head Regulaz Members: Jim Rifkin and Patrick McAllister Members Absent: Bob Throm Staff: Susan Pearson, Zoning Officer and acting secretary Jamie Brewster-McLeod opened the meeting at 5:30 pm. CASELOAD: 10-2009 James C. Kempner 101 Little Texas Lane The applicants, Mr. James C. Kempner and Sharon M. Kempner along with their representative, John Wheeler, were present to request a 25 foot Reaz Yard setback variance where 30 feet is required for a resulting setback of 5 feet for the construction of a residential garage. The public notice was submitted. There were no members of the public present to comment on this application. Wheeler explained to the Boazd the topography, narrowness and setbacks existing on this piece of property. Wheeler also explained that this property has gone through land use approval and that his request was within the building envelopes created for this parcel Wheeler also showed schematics and renditions of what the gazage, if approved, will look like. Rifkin asked how the new garage would affect the public. Mr. Kempner stated that you would not be able to see this garage from Highway 82 nor Upper River Road and that everyone else in the neighborhood ah~eady had a garage. Wheeler said that this location and design was the least impactful to the property and of course to the public Rifkin wanted to discuss the variance granted to this property at the previous Boazd of Adjustment (BOA) meeting and stated that a hardship precedent had been set for this property. Wheeler showed the Boazd how constrained and. built out this property is. Wheeler scaled the plans'and McAllister stated that the setbacks were already "blown out " Brewster-McLeod explained that the actual hardship was in the location of the entrance which then determines how the setbacks were determined. McAllister requested to review the variance granted at the last BOA meeting for this property. Wheeler showed the Boazd where the last variance granted was located in comparison to this variance request. Head asked if a carport would be less impactful than a gazage. Wheeler stated that they needed some sort of covered parking and Mr. Kempner stated that there were no other carports in the neighborhood and 0-~3 that he would really prefer a garage. McAllister stated that a garage was a better choice in terms of aesthetics. Kempner stated that they were keeping the height down to 14 feet to the midpoint with small overhangs and that the overhangs were within the envelope and within the variance request. Brewster-McLeod stated that as long as they were within the building envelope and keeping the eaves within the building envelope, that the hardship was downsizing and a zoning issue rather than a topographical issue. Brewster-McLeod called for a motion. Rifkin moved to approve the application due to the topography and narrowness of the lot. Head seconded the motion and it passed 4 - 0. 11-2009 Tim Pohl and Carol Riley Lot 5, Holland Hills Subdivision AKA 269 Holland Hills Road The applicants, Tim Pohl and Carol Riley were present to request a 10 foot Front Yard Setback variance where 30 feet is required for a resulting Front Yard setback of 20 feet for the construction of a residential garage. The public notice was submitted. There were no members of the public present to comment on this application. .Pohl explained the layout and nuances of the Holland Hills subdivision. He explained the Front Yard setback and the entrance to the driveway. Pohl also discussed the current setbacks, roads and easements in the subdivision. He stated that there was no other place on his property for a garage. Pohl presented a current survey and pictures of the property. Head motioned to approve the application due to the topography and shape of the lot. Rifkin seconded the motion and it passed 4 - 0. 12-2009 S-G Land Company, LLC 30385 Highway 82, Snowmass The applicant's representative, Francis Krizmanich was present to request a 15 foot Front Yard Setback variance where 50 feet is required for a resulting Front Yard setback of 35 feet, and a 65 foot Arterial Highway setback variance where 100 feet is required for a resulting Arterial Highway setback of 35 feet for the creation of activity envelopes for a future residence and accessory structures. The public notice was submitted. There were no members of the public present to comment on this application. Brewster-McLeod questioned the difference between the public notice and the actual letter of request; she wanted to know if the request was fora 40 or a 50 foot setback variance. McAllister wanted to know why I{rizmanich was in front of the Board again asking for an additional variance request, as a variance was granted for this property in May of 2009. I{rizmanich explained that the Pitkin County planners did not approve the location of the home as requested. 7 Head asked to recluse himself. Rifkin stated that this was an uncontested hearing; therefore he should stay. I{rizmanich went on to explain that although a previous variance was granted, the County does not have to honor the variance if there is a better place to develop on the property. Community Development staff was adamant about preserving the Stream setback, so the building envelope is being pushed towazd Highway 82. Krinnanich explained that there had been some errors made in measuring the setback due to the easement along Highway 82. The request in this application is fora 15 foot Front Yazd setback variance and a 65 foot Arterial Highway setback variance. Krizmanich stated that this brings the building envelope right to the edge of the 100 foot stream setback. Head moved to approve the application due to topographical conditions. Rifkin seconded the motion and it passed 4 - 0. MINUTES: Head moved to approve the minutes from the July 7, 2009 meeting. McAllister seconded the motion and it passed 4-0. SIGNATURES: Minutes were prepazed for the signature of BOA Chair. Brewster-McLeod signed the July minutes. There being no further business the meeting was adjourned. *ss*s***ss*•ssrs***ss*s**s*****:r*~s*•r****-***ae***~*** *-*********ra* Respectfully submitted, roved as subm' ~O ~ CJ C D . ~. a~ S~ usan Peazson, Date ~e re cLeod, Date Zoning Officer Co-Chairman ~~