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HomeMy WebLinkAboutpitkin.boa.10.04DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2735- 14 -2 -14 -003 Application Date: 3/3/10 Case No: BOA004 -11 Description: Lot 3 Pyramid Point Estates LLC HEIGHT VARIANCE Planner: Joanna Schaffner # Copies: Allocated Hours: Project Address: 1540 TIEHACK RD, ASPEN, C081611 % Over Hours: Property Owner: LOT 3 PYRAMID POINT ESTATES LL Address: PO BOX 7699 ASPEN, CO 81611 Owner Phone: Owner's REP: JEFF DAVIS REP's Email: jdworks @sopris.net Address: PO BOX 7699 ASPEN, CO 81612 REP's Phone: (970) 920 -0236 Referrals: Comments Due Date: Other Referrals: Meetings: 1st Meeting: 2nd Meeting: Meeting Date: 04/06/2010 Review Body: boa Public Hearing? yes Notice Date: 03/21/2010 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: PBOA #004 -2010 #569539 Application Type: RESOLUTION OF THE PITKIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING A HEIGHTVARIANCE FOR LOT 3, SKYVIEW PUD Resolution No. 04 -2010 WHEREAS, Lot 3, Pyramid Point Estates, LLC, owner of 1540 Tieback Road, is requesting approval of a 5 foot height variance for the construction of a single - family residence; and WHEREAS, 40 feet is the maximum height allowed (Section 5 -20 -60(1) of the Land Use Code) for tivs 3.9 acre lot in the AR -2 zone district. and WHEREAS, the subject property is also known as Lot 3, Skyview PUD; and WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, Section 7 -1030, 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 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 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 5 foot height variance be granted for the single family residence shown on the attached plans (Exhibits " A" & "B "), due to the historic preference of vested rights given to the PUD, and topographic hardships. WARNING: Any violation of the terns 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: May 11, 2010 ATT J oanna Da Pitkin County Zoning Officer Parcel ID 4273514214003 Co- Chair, Board of Adjustment RECEPTION #: 569539, 05/19/2010 at 12:54:09 PM, 1 of 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CC 000001 oV 3 2� f'k O'% s ICE - - 000092 it th 7It, 91� 1 I .I . II 9� i g 6 " $ •• AQaIASxS 00 `uadsd — •Qnd salalsg autod ptuxeJ.fd — E ioZ S8,Ld100SSV �B xvm QHVHDI2I .I O i•`'le M vi gp p r s @ E i a/ 1 ! E: Y� , -11 °c i �' ° �il! t �l iil i e� i i's�y J i t E z Elo�ii E� Ig: t$ ?# h P H IS um 0 0 0 0 a 0 0 0 0 00000 0 000000 0 0000 s ICE - - 000092 it th 7It, 91� 1 I .I . II 9� i I � I (1� L � C- C. 000053 00 'uadsV — •0•n•d MaIAICNS }F ❑ 3 €I3i saIu•}sS au'Od Mule- — E "1O'I i\jE !!! GG6 p O m SHLVIOOSSV -V XVM GHVH31H �! m zw E di E i 1 1tl E E @! E S AI li @ � 6E E �Ni iE F e ii 1 S �Si � � � � g � � g 1 e i }1 pipG! H, pigig [�G7 7• �EE l4 !� p �i I�E 1E SE ! � ! V� AO i A C �� Ev E � w w O O 00000 000°000000000 N I � I (1� L � C- C. 000053 r .. MINUTES Meeting of the Pitkin County Board of Adjustment,., May 11, 2010 Members Present: Jamie Brewster - McLeod, Co -Chair Rick Head, Co -Chair Bob Throm Patrick McAllister Members Absent: Jim Rifkin Staff: Joanna Schaffner, Zoning Officer and acting secretary Rick Head opened the meeting at 5:30 pm. Staff notes that this meeting was originally scheduled for April 6, and was rescheduled to April 22, May 4, and then finally to May 11. Rescheduling was necessary because of a lack of quorum on the other dates. Since the tape machine did not work during the meeting, there is no taped record of these proceedings. CASELOAD: 04 -2010 Lot 3 Pyramid Point Estates, LLC Lot 3, Skyview Subdivision Brewster- McLeod cited a conflict of interest with this case and excused herself from the room. Jeff Davis, representing the applicant, was present to request a 5 foot height variance where a maximum height of 40 feet is allowed, for the construction of a new single - family residence. The lot contains 3.9 acres and is zoned AR -2. Davis presented the Affidavit of Posting. There were no members of the public present to comment on the request, and no objections were filed with the Zoning Office. Davis presented a model of the proposed house, a plat of the subdivision, and a proposed site plan. He indicated where two variances were necessary; one for the roof, and one for the chimney. Otherwise, the house complies with all other ridge and midpoint height limitations. Davis explained the unique nature of the vesting "into perpetuity" approved by the Board of County Commissioners for the Skyview Subdivision. When the overall height limit of '? UUU 40 feet was adopted in the 2006 Land Use Code, the applicant assumed they were not subject to this limitation because of their vesting agreement. Davis pointed out that the house on Lot 1, Skyview was approved after 2006 with an overall height greater than 40 feet, which further led them to believe that compliance with this limitation was not required pursuant to their vesting approval. However, staff has been advised by the county attorney that the 40 foot height limitation was approved under a rule of "general applicability ", and therefore was not subject to the vesting agreement. Upon review of the building permit application, staff determined that the proposed house exceeded the overall 40 foot height limitation, and was therefore, too tall. Schaffner informed the Board that an amendment to the Land Use Code is currently in process, and has already been approved by the P &Z, to exclude chimney and solar equipment from the 40 foot overall height limitation. If the amendment is approved by the BOCC, only the proposed house would be out of compliance. Head commented that a variance appears to be in keeping with other variances approved for the subdivision. He asked Davis what hardship he was claiming. Davis said the severe topography on the site is a hardship, as well as not being aware of the "general applicability" rule. Throm moved to approve the request based on the historic preference of vested rights given to the Skyview Subdivision and topographic difficulties. McAllister seconded the motion and the vote was 3 -0, with all in favor. Brewster - McLeod reentered the room to participate in the remainder of the meeting. 03 -2010 Skokos, Ted "Wildwood Parcel" 100 Difficult Lane Sunny Vann and Lenny Oates were present to represent the owners in their request for a 37 foot Major Road setback variance where 100 feet is required for the construction of a single - family residence and caretaker dwelling unit. The parcel contains 7.8 acres and is zoned AR -10. Vann presented the Affidavit of Posting. There were no members of the public present to comment on the request, and no objections were filed with the Zoning Office. Vann explained the history of this lot, which is situated between East Highway 82 and the Roaring Fork River. The 100 foot major road setback and 100 foot stream setback do not leave much room for development on this lot. The building envelope was approved ? u05 honoring the stream setback and pushing developing to the north toward and into the highway setback. Without a variance, this site is virtually undevelopable. Vann described the house as one story (mitigating scenic concerns), and containing a maximum of 3,300 sq ft of floor area. The applicant has committed to riparian restoration along the Roaring Fork River, and a trail easement along East Highway 82. McAllister made a motion to approve the variance request due to topographic hardships and unusual circumstances. Throm seconded the motion and the vote passed 4 -0. MINUTES: Brewster - McLeod commented that the March minutes implied that she had suggested that the Zuckerman variance should be approved because the hardship was not of the owners own making. She clarified that her comment was expressing concern about unpermitted encroachments being made by one owner, who then sells to another owner, leaving the new owner to obtain a variance and permit. She requested her comment be properly expressed. With this clarification, she made a motion to approve the March minutes. The motion was seconded and approved by 4 -0. There being no further business, the meeting was adjourned. Respectfully submitted, VaOle anna S. S It ffner, ate Jamie Brewster - McLeod, D to oning Officer S /, C/1 & Co- Chair, Board of Adjustment ;W O"1`6 PITKIN COUNTY BOARD OF ADJUSTMENT Application Form REPRESENTATIVE S�tY DAv�S �2�ci�D t�ntx PHONE P�sy+L. E -MAIL FAX nO • gaS MAILINGADDRESS 3LSq P CO 8161\ PARCEL OWNER Lo yT : ^ T PHONE 13 � - -tC q.20 •Q a MAILING ADDRESS O C �rnc 6�i9 Fpt� CO $1 b \\ LEGAL DESCRIPTION S �w 1 r- w :P 1 D ' I SUBJECT PARCEL ADDRESS `SL- fii r n-4C)(-- - fin �� CG Fs161\ PARCELID# 2 4zS\nQt 003 ZONE DISTRICT ^Q: LOT SIZE 3 q �cC2�S (To be completed by Zoning, staff) Meeting Date: Case # 0y - Ro1G Request: foot Front yard setback variance, where _ feet is required. foot Rear yard setback variance, where _ feet is required. foot _ Side yard setback variance, where _ feet is required. foot _ Side yard setback variance, where _ feet is required. S foot Height variance, where Zl�' is allowed. foot Arterial Highway setback variance, where 200 feet is required. foot Major Road setback variance, where 100 feet is required. foot Collector Street setback variance, where 50 feet is required. Application material was referred to: 1 (w d U Zoning OfTcer:��G /� M:0 S�yv�r�v PUl) e•M REC DOC :,757,9-7 2-765 P-59PITK0N�COUNTYyCL[RKpB RECORDER x. SILVIA DAVIS RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS . OF PITAIN COUNTY, COLORADO GRANTING SUBDIVISION, 1041 HAZARD REVIEW AND GENERAL SUBMISSION APPROVAL TO JACK GUENTHER, TRUSTEE UNDER THE WILL OF CHARLES F. URSCHEL, JR. FOR A METES AND BOUNDS PARCEL KNOWN AS "URSCHEL TRACT D" Resolution No. 94- fir,) RECITALS 1. Jack Guenther, Trustee u /w /o Charles F. Urschel, Jr. (hereinafter "Applicant," which shall be understood to include all of his beneficiaries, successors, heirs and /or assigns) has applied to the County for rezoning, subdivision, 1041 hazard review and general submission approval for a 19.2 acre parcel of land known as' "Urschel Tract D," more specifically, described in the legal description attached hereto and incorporated herein by reference as Exhibit "A" (hereinafter the "Urschel Tract D Application "); and 2. The Applicant has applied to the County for a density reduction lot split, growth management quota system exemptions, 1041 hazard review and general submission approval for a 121.8 acre parcel of land known as the "Urschel Richmond Hill property," more specifically described in the legal description attached hereto and incorporated herein by reference as Exhibit "B "; and 3. The Applicant has applied to the County for rezoning, subdivision, 1041 hazard review and general submission approval for a 14.2 acre parcel of land known as "Urschel Tract C," more specifically described in the legal description attached hereto and incorporated herein as Exhibit "C "; and 4. The Urschel Tract D Application seeks rezoning,. subdivision, 1041 hazard review and general submission approval to subdivide Urschel Tract D into five lots of approximately 3.8 acres each; and 5. The Board of County Commissioners (hereinafter "Board ") granted subdivision exemption approval for Urschel Tract D on September 6, 1973, pursuant to Ordinance No. 73 -62; and 6. The Planning and 'Zoning commission (hereinafter "Commission ") considered the Urschel Tract D Application at a public meeting on May 3 1994 and recommended approval with conditions to the Board; and 7. The Board considered the Urschel Tract D Application at duly noticed public hearings held on July 12, 1994 and August 2, 1994 at which time evidence' and testimony were presented with respect to the application; and S. The Board granted the Applic nt's rezoning request for Urschel Tract D by Ordinance 94- and the property has accordingly been rezoned to AF -2; and 1LIQ1.0 Resolution No. 94- Page 2 9. The Board finds that the development proposed in the Urschel Tract D Application is consistent with the applicable regulations, including the Pitkin County Land Use Code and Aspen Area General Plan; and 10. The Board finds that the development proposed in the Urschel Tract D Application is compatible with adjacent and surrounding land uses and is supported by the natural carrying capacity of the land; and 11. The Board finds that conditions have changed in a manner which justifies the development proposed in the Urschel Tract D Application; and 12. The Board finds that the development proposed in the Urschel Tract D Application poses significant hazards or hazards which can not be adequately mitigated; and 13. The Board finds that the development proposed in the Urschel Tract D Application poses no significant negative impacts or negative impacts which can not be adequately mitigated; and 14. The Board finds that given the unique circumstances presented by the collective consideration of the Urschel Tract D Application along with Urschel Tract C and the Urschel Richmond Hill property, the approval of the Urschel Tract D Application results in substantial benefit to the County through the preservation of more than one - hundred (100) acres of open space; and 15. The Board finds that the unique circumstances presented by the collective consideration of the Urschel Tract D Application along with Urschel Tract C and the Urschel Richmond Hill property eliminates the need for any on -site or off -site employee housing or cash in lieu payments or any other exactions beyond those specifically identified in this resolution; and 16. The Board finds that the development proposed in the Urschel Tract D Application is consistent with the public health, safety and welfare of the citizenry of Pitkin county. NOW,, THEREFORE, BE IT RESOLVED by the Board that it hereby grants approval to the Applicant for subdivision, 1041 hazard review and general submission approval for five (5) single - family lots of approximately 3.8 acres each on Urschel Tract D. The approval is subject to the following conditions and stipulations which shall run with each individual parcel of land as hereafter set forth: 1. Urschel Tract D a. Except as specifically provided herein, development of the five (5) single - family residential lots approved on Urschel 373793 B -763 P -594 10/26/94 03141P PG 2 OF 9 r, �`Fiir9 r. Resolution No. 94- Z2 �( Page 3 Tract D shall be subject. to all generally applicable County regulations, such as the Pitkin County Building Code; and b. The five (5) single - family residential lots approved on Urschel Tract D shall be limited to a maximum floor -area of 48,000 square feet to be allocated among the lots by the Applicant; however, no single dwelling unit may exceed a floor -area of 15,000 square feet as defined by the current Pitkin County Land Use Code; and C. The five (5) single - family residential lots approved on Urschel Tract D shall each be permitted a caretaker unit as defined by the current Pitkin County Land Use Code; however, if a caretaker unit is constructed, the caretaker unit shall be counted in the maximum floor -area as set forth in paragraph 1(b) above; and d. The Applicant shall first pursue connection to the City of Aspen water distribution system prior to detailed submission. If 'water is unavailable from the City in the opinion of the Applicant, adequate evidence of a private water supply to serve the five (5) single - family residential lots shall be submitted at detailed submission; and a. The Applicant shall first pursue connection to the Aspen Consolidated Sanitation DistriotIs central collection system prior to detailed submission. If sewer service is unavailable from the District in the opinion of the Applicant, adequate information regarding on -site septic systems to serve the five (5) single - family residential lots shall be submitted at detailed submission. Septic system permits shall also be obtained from the Environmental Health Department; and h. The Applicant commits to provide reasonable mitigation for any increase in PM -10 attributable to the development of Urschel Tract D which is incrementally greater than the PM -10 attributable to the development proposed on Tract C and Richmond Hill. Documentation of PM -10 generation and any necessary mitigation measures shall be proposed at detailed submission; and i. All exterior lighting shall comply with the standards 375793 B -763 P -595 10/26/94 03:41P PS 3 OF 9 � l'u1Q f. A culvert shall be installed over the Willow creek Ditch along the entire length of Urschel Tract-D; and 0 0 Resolution Ho. 94- Page 4 identified in the Pitkin County Land Use Code at the time of building permit application; and j. All utilities shall be extended underground. Commitment to serve letters from all utility providers shall be provided at detailed submission; and k. The proposed roadway extension serving Urschel Tract D shall meet County roadway standards; and 1. The Applicant shall provide a grading and drainage plan at detailed submission. This plan shall describe all measures for minimizing erosion both during and after construction. This plan shall require approval by the County Engineer; and M. At detailed submission, the Applicant shall provide a landscape plan, which demonstrates mitigation of any visual impacts from Highway 82 and Maroon Creek Road as set forth in the Urschel Tract D Application; and n. Development of Urschel Tract D shall be subject to County air quality regulations at the time of building permit issuance. A fugitive dust control plan shall be provided prior to building permit issuance. This plan shall be approved by the Environmental Health Department; and o. The shall adhere to all representations made in the Urachel Tract D Application and in public meetings; and p. The five (5) single - family residential lots approved on Urachel Tract D shall be' forever exempt from the Growth Management Quota system or its subsequently enacted equivalent. One (1) of the five (5) single- family residential lots is as of right and not subject to the Growth Management Quota system. The other four (4) of the five (5) single- family residential lots are granted allocations pursuant to § 5- 510.3(a) of the Fitkin County Land Use Code; and r: r i- U•1• , a. The Urachel Richmond Hill property shall be subject to a covenant or deed restriction prohibiting future development except as described in paragraphs 2(b) -2(k) below. The covenant 375793 8 -765 P -596 10/26/94 03141P PO 4 OF 9 .s U11 r. The five (5) single- family residential lots approved on Urschel Tract D shall constitute vested rights as of the date of this resolution and shall not expire. M ._y -.t Resolution No. 94- �0 Page 5 or deed restriction shall be in a form mutually acceptable to both the Applicant and the county Attorney's Office; and b. The covenant or deed restriction" prohibiting future development shall be subject to termination and /or a reverter should the zoning in the Little Annie /Richmond Hill "rural and remote" area (as defined in Ordinances Nos. 94 -10 and 94 -16, as those ordinances may be subsequently amended) be modified to permit more than one (1) unit per 35 acres. in that event, the Applicant will be permitted such increased density as later allowed through an amended zoning ordinance, less the greater of 3 units, or 28,800 square feet divided by the maximum floor area per unit allowed under the new zoning. The 35 acre parcel upon which the existing A -frame house is located shall not be included in any future calculation for allowed density; and C. The term "development" utilized in paragraph 2(a) and 2(b) is expressly understood to exclude the existing A -frame structure on the Urschel Richmond Hill property, the replacement structure described in paragraph 2(d) below, and ski lift towers or stations; and d. The existing A -frame structure on the Urschel Richmond Hill property may be retained and there shall be a perpetual right to remodel, tear down and /or replace the structure with another structure not to exceed a floor -area of 1,500 square feet as defined by the current Pitkin county Land Use Code ("replacement structure "). However, the Applicant.shall be allowed to increase the floor -area of the replacement structure to the floor -area permitted any structure within the Little Annie /Richmond Hill "rural and remote" area as defined in ordinances Nos. 94 -10 and 94- 16, as those ordinances may be subsequently amended, where such structure is permitted a floor -area of greater than 1,500 square feet; and e. The replacement structure, may be sited at the location of the existing A- frame, but shall not be confined to the existing foot- print. The replacement structure may also be sited on any alternative site on the Urschel Richmond Hill property which is mutually acceptable to both the Applicant and the County; and f. The replacement structure shall be subject only to building permit approval which shall not be unreasonably withheld. The building permit approval for the replacement structure shall not be subject to any conditions or exactions not explicitly listed in this resolution, including, but not limited to, on -site, off - site or cash in lieu payments for employee housing, park contributions or trail easements; and g. The right to remodel, tear down and /or replace the existing A -frame with a replacement structure shall be forever exempt from the Growth Management Quota system or its subsequently enacted equivalent; and 373793 H -763 P -397 10/26/94 03:41P PG 5 OF 9 ��r_ , J, 2 i RlsOl No. 94 -� Page 6 h. The A -frame or replacement structure may be occupied year -round and shall be permitted a private driveway from Richmond Hill Road; and i. The A -frame or replacement structure may be served by a well and septic system upon compliance with all state permit procedures and state and County Department of Environmental Health regulations; and j. If utilities are ext Hill "rural and remote° area a and 94 -16, as those ordinances Applicant shall be permitted to to serve the existing A -frame ended in the Little Annie /Richmond s defined in ordinances Nos. 94 -10 may be subsequently amended, the utilize and extend those facilities or replacement structure; and k. The right to retain the remodel, 'tear down and /or replace structure shall constitute vested resolution and shall not expire. 3, Urschel Tract C a. Urschel Tract C conservation easement or development which shall be the Applicant and the County APPROVED AND ADOPTED t ;V C existing A -frame structure and the A -frame with a replacement rights as of the date of this shall be subject to a covenant, deed restriction prohibiting future in a form mutually acceptable to both Attorney's Office. ON THIS 2ND DAY OF AUGUST, 1994. HAVE: A TEST: Je tte Jones De ty County Jerk BOARD OF COUNTY COMMISSIONERS OF PITRIN COUNTY, COLORAD � �- Chairman of i6(.r vA V1 cc ,EpR9VED�B - TO'!O APPROVED AS TO CONTENTS T mothy tt, SuzqMa icon ian, Cou orney Cou Planning Director reso ursch tractD 375793 8 -765 P-598 10/26/94 03 :41P Pe 6 OF 9 EXHIBIT A A tract of land situated in the SW7 /4NW1 /4 of Sec. 14, TlOS, R85W of the 6th P.M, and more fully described as follows: This Part of the SW1 /4NW1 /4 of Sec. 14, T10S, R85W of the 6th P.M., lying northerly and westerly of the Northwesterly bank of Maroon creek. 375793 B -765 P -599 1O/P6/94 O3:41P PG 7 OF 9 375793 8 -765 P -60 Parcel A 0^ /94 03:41P PG 0 OF EXHIBIT B 0 The ARGO, TOP, MOUNTAIN BOY, MOUNTAIN BOY NO. 2 and MOUNTAIN BOY NO. 3 Lode Mining Claims (United States Mineral survey No. 5982) located in the Highland Mining District and embracing a portion of Section 31, Township 10 South, Range 84 West of the 6th P.M. EXPRESSLY excepting and excluding from the premises those portions lying within Hercules Lode (United States Mineral Survey No. 4251), May Queen (United States Mineral Survey No. 5380) and Colorado and Leonie Lodes (United States Mineral Survey No. 5973) as reserved in United States Patent recorded April 17, 1961 in Book 193 at Page 507. Parcel B The GRACE DARLING and ADVANCE Lode Mining Claims (United States Mineral Survey No. 5983) located in the Highland Mining District and embracing a portion of Section 31, Township 10 South, Range 84 West of the 6th P.M. Parcel C An undivided 7/8 interest in the AMERICAN FLAG AND PEMBINA Lode Mining Claims (United States Mineral Survey No. 6008) located in the Highland Mining District and embracing a portion of sections 30 and 31, Township 10 South, Range 84 West of the 6th P.M. Parcel D The BEAiY and BEAU MUNDAY Lode Mining Claims (United States Mineral Survey no. 57,63) located in the Highland Mining District and embracing a portion of section 31, Township 10 South, Range 84 West of the 6th P.M. Parcel E The CABLE Lode Mining Claim (United States Mineral Survey No. 5879) located in the Highland Mining District and embracing *a portion, of Section 31, Township 10 South, Range 84 West of the 6th P.M. Parcel F The MAY QUEEN Lode Mining dlaim (United States Mineral Survey No. 5880) located in the Highland Mining District and embracing a portion of Section 31, Township 10 South, Range 84 West of the 6th P.M. ASPEN 5152 ,c �a5 �1 EXHIBIT C i A tract of land situated in the NEl /4 SE1 /4 , Section 15, Township 10 South, Range 85 Best of the 6th P.M.. more fully described as follows: Beginning at a point Section315, f from the South, Range 85 corner of the N E1/ Nest of the-6th P.M.: thence N 53'26'30" E 375.80 feet; thence S 70'40' E 99.46 feet to the centerline of a 10 foot easement for ingress and egress and underground utilities; thence N 45 E 225.05 feet along the centerline of a 30 foot easement for ingress and egress and underground utilities; thence S 10'45'30" E 168.17 feet along the centerline of a 30 foot easement for ingress and egress and underground utilities; thence N 73'03'25" E 332.78 feet more or less to the Northwesterly edge of Maroon C "reek; thence Northeasterly along the Northwesterly edge of Maroon Creek to the North line of the NE1 /4 SE1 /4 of Section 15, Township 10 South, Range 85 West of the 6th P.M.; thence N 89'43'3 N 1235.4 feet more or less along said North line of the NE1 /4 SEl /4 of Section 15, Township 10 South, Range 85 West of the 6th P.M. to the West line of the NE SE 1/4 of Section 15, Township 10 South, Range 85 West of the 6th P.M.; thence S 00'06' E 431.85 feet more or leas along said West line of the NE1 /4 SE1 /4 of Section 15, Township LO South, Range 85 West of the 6th P.M. to a point being N 42'31' W from the paint of beginning; thence S 42'31' E 399.25 feet more or less to the point of beginning. 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However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software �`!! `�22 http:// www. pitkinassessor .org/assessor/Parcel .asp ?AccountNumber= R018413 3/2/2010 on March 2, 2010 Community Development Department Attn:Joanna Schaffner 103 South Galena Street Aspen, CO 81611 Re: Pitkin County Board of Adjustment To Whom It May Concern: Richard Wax & Associates is the Owner and developer of Skyview PUD Lots 1, 3, 4 and 5. Lot 3 is the third project being submitted for permit since September 2006 with Lot 1 being sold in June 2009, Lot 4 is currently being constructed with a completion date of June 2010 and Lot 5 is slated to start drawings later this year. Since this is the third project being submitted to Pitkin County we were surprised to be informed that our vested rights to this PUD do not exclude us from conforming to the new overall maximum height limit of 40' -0" even though we meet all of the height regulations of 28' -0" to the eave /mid -point and 33' -0" to the ridge Since we are just being informed of this information we are requesting the following overall height variances, due to the topographical hardship of the existing site being excessively steep, forcing us to step the house down the hillside to minimize the overall mass of the residence. 1. Requesting a 2' -0" height variance to the maximum overall height of 40' -0" of the upper level roof for an overall maximum height of 42' -0 ". We have respectfully designed the residence to be sited on the upper end of the lot to reduce the visual impact of the house to adjacent neighbors Lot 2 & Lot 4 while reducing the driveway access from Tiehack road. Due to the existing steep site conditions we are requesting an overall height variance to comply with the new overall county code of 40' -0 ". 2. Requesting a 5' -0" height variance to the maximum overall height of 40' -0" for the construction of a chimney on the upper level for an overall maximum height of 45' -0 ". Pitkin County is currently reviewing the maximum overall height of 40' -0" to allow chimneys to extend above the prescribed height limit. Since we would like to progress with our permit application and not wait on the County ruling, we are requesting this variance due to the existing steep site conditions. Respectfully, Jamie L. Brewster McLeod, AIA Brewster McLeod Architects, Inc. BREWSTER MCLEOD ARCHITECTS, INC. ofice0brewstenncleod.com — www.brewstermcleod.com 117 South Monarch Street — P.O. Box 697 — Aspen, CO 81611 — T 970/544.0130 — F 970/544.9201 126 South Oak Street, Unit A — Telluride, CO 81435 — T 970/728.4300 — F 970/544.9201 =c 'x Ny \ •yy \ b \ \• 4 i r i \ s R ig� Adikk r Q e i 0a 'uadsd - Q•n•d aa S i F { i $ sa}a1sH ;utod piulgJSd Y � �' S3LVI�OSSV XVa1 Q2IVAOIN au m s4 L 4 h d 1 V 9 7. w \ m \ dO i�� O• \ \ 4sa✓Od JauO,r7ay —AM a)! WJOd 1VUOr?a Janry PPW /aoor ;a Jaw/y a ?rgr i K c 000025 I. March 2, 2010 Community Development Department Attn: Joanna Schaffner 103 South Galena Street Aspen, CO 81611 Re: Noticing Adjacent Property Owners Within 300' -0' from Skyview PUD: Lot 3 1. Maroon Creek Club: Lot 1 J & D Stockman 105 Conyers Farm Drive Greenwich, CT 06831 2. Skyview PUD: Lot 1 Richard H. Montgomery III, Trust P.O. Box 595 Sikeston, MO 63801 3. Skyview PUD: Lot 2 1520 Tiehack LLC 3944 Gail Street Honolulu, HI 96815 4. Skyview PUD: Lot 4 Lot 4 Pyramid Point Estates LLC c/o Richard A Wax Assoc, LLC P.O. Box 7699 Aspen, CO 81612 5. Skyview PUD: Lot 5 Lot 5 Pyramid Point Estates LLC P.O. Box 7699 Aspen, CO 81612 6. Above: Open Space No information available 7. Below: Open Space Pitkin County 530 E. Main Street #302 Aspen, CO 81611 2M BREWSTER MCLEOD ARCHITECTS, INC. office0brewstenncleod.com — www.brewstermcleod.com 117 South Monarch Street— P.O. Box 697 —Aspen, CO 81611 — T 970/544.0130 — F 970/544.9201 } i ; ;' C 126 South Oak Street, Unit A — Telluride, CO 81435 — T 970/728.4300 — F 970/544.9201 JO0,"* PUBLIC NOTICE RE: Building Height Variance for Lot 3, Skyview Subdivision (Case 04 -2010) .,f NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 6, 2010, 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 Lot 3, Pyramid Point Estates, LLC, c/o Richard Wax & Assoc. P O Box 7699, Aspen, CO 81612. The applicant is requesting a 5 foot Height variance where a maximum height of 40 feet is allowed for the construction of a new single - family residence. This parcel contains 3.9 acres and is located in the AR -2 zone district. The State Parcel Identification Number for this property is 2735- 142 -14 -003. For further information contact Joanna Schaffner at the Pitkin County Community Development Department, (970) 920 -5105. Pitkin County Board of Adjustment Published in The Aspen Times on March 28, 2010 Pitkin County Account No. 002.02 .,:- County of Pitkin } State of Colorado AFFIDAVIT OF NOTICE & ss. MAILING PURSUANT TO PITICIN COUNTY LAND USE CODE SECTION 2 -20 -100 I C ti t] W � 'v being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at least 7 days prior to the public hearing to all owners of property within 300 feet of the subject property, as indicated on the attached list, on the CL day of M l , 200D (which isZ days prior to the public hearing date of - The names and addresses of the properties within 300 feet of the subject site shall be those n the crrent tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 10 day of M A C A— 200_6 which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. QcEMa�� t,.-)vu t Assoc . Applicant's name Any comments OF objectlona most be provideN to tM Pitkin County Co,nmonily Development D.Pannumit, 130 South Galena Street, Asp", CO 57611, 97"2"526 by the following date. DATE ? . t _ WITNESS MY HAND AND Q SEAL My commission expires: - V I i i P�lal,ll ., �/c Notary Public's ' ture� NOTARY COL_ �y4� 4Y 0n Expires Q ' Signed before me this � day of L1-- 20016 by F� March 2, 2010 Community Development Department Attn:Joanna Schaffner 103 South Galena Street Aspen, CO 81611 Re: Noticing Adjacent Property Owners Within 300' -0" from Skyview PUD: Lot 3 1. Maroon Creek Club: Lot 1 J & D Stockman 105 Conyers Farm Drive Greenwich, CT 06831 2. Skyview PUD: Lot 1 Richard H. Montgomery III, Trust P.O. Box 595 Sikeston, MO 63801 3. Skyview PUD: Lot 2 1520 Tiehack LLC 3944 Gail Street Honolulu, HI 96815 4. Skyview PUD: Lot 4 Lot 4 Pyramid Point Estates LLC Go Richard A Wax Assoc, LLC P.O. Box 7699 Aspen, CO 81612 5. Skyview PUD: Lot 5 Lot 5 Pyramid Point Estates LLC P.O. Box 7699 Aspen, CO 81612 6. Above: Open Space No information available 7. Below: Open Space Pitkin County 530 E. Main Street #302 Aspen, CO 81611 BREWSTER MCLEOD ARCHITECTS, INC. otBce@brewstermcleod.com — www.browstermcleod.com 117 South Monarch Street — P.O. Box 697 — Aspen, CO 81611 — T 970/544.0130 — F 970/544.9201 126 South Oak Street, Unit A — Telluride, CO 81435 — T 970/728.4300 — F 970/544.9201 PUBLIC NOTICE RE: Building Height Variance for Lot 3, Skyview Subdivision (Case 04 -2010) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 6, 2010, 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 Lot 3, Pyramid Point Estates, LLC, c/o Richard Wax & Assoc. P O Box 7699, Aspen, CO 81612. The applicant is requesting a 5 foot Height variance where a maximum height of 40 feet is allowed for the construction of a new single - family residence. This parcel contains 3.9 acres and is located in the AR -2 zone district. The State Parcel Identification Number for this property is 2735- 142 -14 -003. For further information contact Joanna Schaffner at the Pitkin County Community Development Department, (970) 920 -5105. Pitkin County Board of Adjustment Published in The Aspen Times on March 28, 2010 Pitkin County Account No. 002.02 �::: � UJ U 2 _ MEMO /AGENDA PITKIN COUNTY BOARD OF ADJUSTMENT April 6, 2010 5:30 P.M. Commissioner's Meeting Room NEW BUSINESS: Case # 04 -2010 Lot 3, Pyramid Point Estates, LLC Lot 3, Sky view PUD Requesting a 5 foot height variance where an overall maximum height of 40 feet is allowed for the construction of a single - family residence. The parcel contains 3.9 acres and is zoned AR -2. Pursuant to the recorded documents, the Ski iew PUD has extraordinary vesting rights. This means that certain code sections (like Floor Area and hnpact Fees) in effect at the time of subdivision are unaffected by any subsequent code amendments. In 2006, height provisions in the land use code changed to limit the maximum height of houses to 40 feet. This is an item of "general applicability", which means that it applies to everyone in the county, vs. a particular zone district or neighborhood. Since height was not an item specifically vested at the time of subdivision, the new height limitation applies to this PUD. The proposed residence complies with the 28 foot height limit (vertical and plumb) but not the overall 40 foot height limit (top to bottom). Staff is currently in the process of amending this limitation to exclude chimneys and solar panels from the list of encroachments affecting the 40 foot limitation. Case # 05 -2010 "The Wildwood parcel" AKA East Highway 82 Requesting a 37 foot Major Road setback variance where 100 feet is required for the construction of a single - family residence. This parcel contains 7.8 acres and is zoned AR -10. This lot is encumbered with a 100 foot stream setback (Roaring Fork River) and a 100 foot Major Road setback as measured from the East Highway 82 right -of -way. The land use code values the stream setback more than the highway setback, therefore, the building envelope was approved as indicated. When combined on this lot, the two setbacks leave little to no room for development. MINUTES: Minutes of the March 2, 2010 meeting Please call or e -mail Susan at 618 -9963 or susanpeaco.pitkin.co.us to confirm your attendance O or to send your regrets O -, i du U PITKIN 'UNTY COMMUNITY DEVEL. _,JVIENT Permit Receipt RECEIPT NUMBER 00028947 Name: Brewster McLeod Arch Date:3 /3/2010 Project Address: 1540 TIEHACK RD Type: check # 1810 Permit Number Fee Description 0004.2010. PBOA Amount PP- Board of Adjustment Fee 648.00 Total: 648.00 r, i It V`JJ LIVIGE,ND AND -40 ri 40 81.) ONE FOOF CONTOURS W� W 0 ly SURVT7Y MONUMi.. AS DESCIR!R !,D U'? i L S I If BOX SURVEY CONTROI, I I ft, F 9 N4 I ON FORN I ILD FRY: P I HK I N COUNT 1 1 TL E. 1 NC CASE NUMBER 1'022070i- DAl'P.D; MAY �008 MAN WUI , POS&D ADDRESS PROPERTY UNDER CON"ORUCt ON: 9/08 WATER VALVL- FIRE HYDRANT BEARING BASED ON NORTH I/& CORNER OF SECTION 14. fOWNSHIP io SOUTH, RANGE 85 WEST OF THE 6th P.M. (AL. CAP LS 20133) AND (AL. CAP LS 20133) THE NORTHERLY LINE OF IHE SW 1/4 OF THE NW 1/4 OF SAID SECTION i'20'E 999,79'_ AS PER, RECORD SURD. "LAT ' 40 C.-I A4 47 kA 9 1"'Il 011I 64 fl) VIA p � z 0 z fy� IIN f4 m R T I F 1 C A I 10 N FHA 'fl-JE PROPERTY DESCRIBED HEREON WAS 2.008 AND iS ACC.'URATIE , ENCE AS SHOWN. AND THAT THERE ARE NO 1, BOUNDARY G.HNE-. CONHJCIs. ENCROACHMEN'[S, WAY IN FIELD EVIDENCE OR KNOWN TO ME, UNDERGROUND UTILITIES WITH 140 ABOVEGROUND IMENTS OF RECORD NOT SUPPLIED 10 THE THIS SURVEY 1S VOID UNILE,-,S5 WET STAMPED IRVEYOR BELOW. SURVEY PRECISION GREATER 200 T0P0WVAfDfil(? STIM"M :CQRDIN6 10 THE PLAT THEREOF RECORDED FEBRUARY 28. 2001 IN PI-Al HOoK 5ti I NO 451940, PREPARED BY NOI I CE: ACCORD 1 NO I( COLORAUO � SAW YOU IlTjE7 f COMME:NCE-' ANY ',A:6AI ACTION BASED UPON ANY DEFECT ON THIS PLA DWI THIN THREE YEARS AFTER YlOU FIRST DISCOVER SUCH DEFECI IN NO EVE.Ni MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE !HAN TEN YEARS g'l'om THE DATE OF THE CERTIFICAIION S)HOWN HEkEON. 'UIW, CERriFICATION IS VOID IF NOT WFI SiAMPIN) W THE SEAT OF THE BURVFYOR. A SP F: N OW) � o% , �g F U in) ("I In I )ACIA ou nn;!O U R \1 El Y FT NCB 1 N( I.'._ R 5 N C', 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 MONWAX (970) 925-3A16 DATF joB 10/01R 34160