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NOTICE OF PUBLIC HEARING BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING VARIANCE
DESCRIBED BELOW:
Pursuant to Pitkin Counry Zoning Resolution of June 5, 1955, as amended, a Public Hearing will
be held to consider an application filed with the said Board of Adjustment requesting authority for
variance from the provisions of the County zot»ng Resolution.
All persons affected by the proposed variance are invited to appear and state their views, protests,
or objections. If you cannot appear personally a[ such meeting, then you are urged to state your views by
letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious
consideration to the opinions of surrounding property owners and others affected in deciding whether to
grant or deny the request for variance. A VARIANCE GREATER THAN OR LESS THAN THAT
REQUESTED COULD BE GRANTED.
DATE AND TIME OF MEETING:
LOCATION OF MEETING:
Tuesday, June 2, 1998; 5:15 P.M.
Sister Cities Meeting Room, City Hall
130 S. Galena Street, Aspen, CO
Richer, William: Requesting approval fora 20' Front Yard Setback Variance where 30' is
required in the R-15 zone district, for the construction of a detached residential garage.
Property Location: 0158 Apache Trail, Lot l O,Swiss village, Carbondale.
Jaeger, Andrea & Bookout, Heidi: Requesting approval fora 30' Front Yard Setback where 30'
is required, and a 12' West Side Yard Setback Variance where 15' is required for the construction
of a driveway and associated retaining walls; also requesting a 10' East Side Yard Variance where
1 S is required for patio related improvements for this 30,618 lot in the R-30 zone district.
Property Location: 0155 Nighthawk Lane, Lot 10, Ridge of Red Mountain, #2 Pitkin County.
Aspen/Pitkin County Airport: Requesting approval fora 4 foot height variance where 6 feet is
allowed for the construction of a berm located within the required 100 foot major road setback
(Owl Creek Road). Property Location: 233 East Airport Road
Submitted to the Aspen Times on May 19, 1998.
To Be Published in the Aspen Times on May 23, 1998.
Pitkin County Account: 002.02
S T R Y K E R /BROW N
A R C H I T E C T S, P C
SUMMARY LETTER
REQUEST FOR BOARD OF ADJUSTMENT
SETBACK VARIANCE REVIEW
.......................................................................................................................................................
TO: Ms. Suzanne Wolff
Planner
Pitkin County Planning Department
Community Development Department
City Hall
130 South Galena Street
Aspen, Colorado 81611
FROM: David P. Brown, AIA
DATE: May 11, 1998
Re: Setback Variance Request,Bookout-Jaeger Residence, , 0155 Nighthawk Lane,
Lot 10, The Ridge of Red Mountain Replat No. 2, ,Pitkin County, Colorado.
On behalf of Andrea Jaeger and Heidi Bookout, I am requesting Setback Variances
for a proposed residence at the above referenced location. I am requesting this
review to comply with the requirements of the Pitkin County Land Use Code,
Section 7-103.
This project is scheduled to be reviewed by the Pitkin County Planning and Zoning
Commission on May 19, 1998. They are reviewing Scenic Overlay, as the existing
and proposed residence are partially visable from the highway 82 corridor.
The zoning regulations are
R-30
FRONT SETBACK 30'
SIDE SETBACK 15' would be 10' if less than 30,000 SF lot
MIN.LOT WIDTH 100'
FAR allowed 3979.52
The lot was approved September 4, 1974, prior to the current (1994) zoning
regulations. The current building envelope (described by the setbacks) is more
restrictive than the envelope in effect at the time of the replat. The steep site
conditions combined with the current envelope, and original lot width has created a
300 SOUTH SPRING STREET, SUITE 300, ASPEN, COLORADO 81811 970.92$.22$4 925.2258 (FAX)
Variance Request,Bookout-Jaeger Residence, , 0155 Nighthawk Lane,
Lot 10, The Ridge of Red Mountain Replat No. 2, , Pitkin County, Colorado.
page two
condition of "exceptional narrowness" (92'-99') and "exceptional topographic
condition" that results in peculiar practical difficulties to the Owner.
The variances requested will ~t be detrimental to the public good and will nit
substantially alter or impair the intent and purpose of the zoning district
regulations.
Existing conditions:
LOT SIZE 30,611.72 SF +/-
10,000 SF +/- is dedicated to a community water pump so the
net lot area is about 20,000 SF
LOT WIDTH varies from 92' to 99' (LESS THAN MINIMUM)
FAR Proposed less than allowed, 3750 sf +/-
The variances requested will:
Lessen an existing non-conformity:
The existing house is NOT within the current front and side setbacks. The proposed
main structure of the proposed home will be entirely within the setbacks. The
setback variances are for:
Driveway, (greater than 30" variation from existing grade)
This permits the garage to be set within the zoning envelope. The sloped
retaining for the driveway is a "structure", is within the front and side
setbacks, and requires a variance. Some of the driveway and its boulder
"retaining walls" are greater than 30" from original grade.
Landscape cover in front of the retaining wall on the south and west sides
and a portion of the Parking area, (greater than 30" variation from existing
grade)
This will allow the landscape to conceal the retaining wall, resulting in a
reduced visual impact of the structure and a more natural appearance with
landscaping. The alternative is a 13' high concrete wall, within the setback,
on the west and south side of the parking area.
Minimize visual impacts of patios
• Patios, (greater than 30" variation from existing grade)
Variance Request,Bookout-Jaeger Residence, , 0155 Nighthawk Lane,
Lot 10, The Ridge of Red Mountain Replat No. 2, , Pitkin County, Colorado.
page three
The house has been designed to follow the natural contour and step up the
hill (refer to WEST AND EAST ELEVATIONS) in order to decrease the
apparent mass and height. Due to the narrow lot (92-99') width combined
with the steep topography, this leaves only 67' envelope width.
To further decrease the apparent size of the project and to "hug" the contours,
we have placed some of the patios on the side of the house. However, the
rule permitting only 30" modification from the existing grade would permit
only extremely shallow patios. We request that we be permitted to place
retaining walls within setbacks greater than the 30" rule in order to make a
small portion of this extremely narrow and steep site usable. Please refer to
the Living Level east end (at the Kitchen), Lower Bedroom Level east end,
and the Parking area, west and south side.
This variance will allows the patios to flow into the landscape and be
designed in a "natural" appearing way. Efforts will be made to feather the
patios into the landscape and make the retaining walls appear "organic and
natural".
Minimize visual impacts of retaining walls
As described above, it is our intent to use. boulder retaining walls where
practical and landscape them as much as the Owner's budget will permit. It is
also our intent to finish vertical retaining with either stone or (dark natural
colored) stucco veneers.
If you have any questions or wish to review or visit the project site or the model,
please contact me at your convenience.
Sincerely,
David P. Brown, AIA
Neighboring properties contiguous to Ridge of Red Mt. Replat No.2 Lot 10
David R. Chamberlin
P.O. Box 7926
Aspen, CO 81612
Robert J. Cooney
120 N. Lasalle St.
30th Floor
Chicago, IL 60602
David A. Gitlitz
P.O.Box 1377
Aspen, CO 81612
David & Anne Crossland
Tower Hamlet Houge Bie
St. Saviour Jersey
Channel Islands, England
JE27UA
James R. Hedges IV
Lund M. Hedges
400 5th Avenue S
Naples, FL 34102
Kenneth H. Gutner
Revocable Trust
P.O.Box 11001
Aspen, CO 81612
Saval LTD
c/o Valencia Salador
Heliotropos 270
Torreon Coah, Mexico
S T R Y K E R/ B R O W N
.dl R C H I T E C T S , P C
EXHIBIT A/ REQUEST FOR BOARD OF ADJUSTMENT
SETBACK VARIANCE REVIEW
Vaziance Request
Board of Adjustment
Bookout-Jaeger Residence„ 0155 Nighthawk Lane,
Lot 10, The Ridge of Red Mountain Replat No. 2, ,Pitkin County, Colorado.
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 10, The Ridge of Red Mountain Replat No. 2, ,Pitkin County, Colorado.
300 SourH $PFtINC SraEer, Sur[r•.300, Aspen, Cot.oanoo 81611 970.925.2254 925.2258 (FAX)
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937
COMMUNITY DEVELOPMENT DEPART1Vtr;NT
130 South Galena Street„
+r:_ Aspen, Colorado 81611'
(970) 920-5090
Pitkin County
i
Land Use:
172 Board oCAdjustment
159 County Land Use Code
173 Deposit
174 Flat Fee
162 Zoning and Sign
17] Public Notice
Referral Fees:
RB115 Access Pernxit
197 County Clerk
193 County Engineer
194 Environmental Health
198 Housing
I90 Land Management
196 Wildlife Officer
Building Fees:
170 Board oC Appeals
135 Building Code Sales
105 Building Perini[
100 Contractor License
120 Electrical Permit
195 Energy Code Review
175 Mechanical Permit
I50 Plan Check
I10 Plumhing Perini[
130 Reinspection
151 Aspen Sanitation
152 AVFD Fire Marshal
Other Fees
155 Use Tax
165 Copy
Performance Deposit
185 Park Dedication
186 Housing Cash in Lieu
166 GIS Maps
~:~
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RB116 Road Impact Fees
TOTAL l t _~~.~-
NAME:- ~ f ' ~ 1~%~i. 1•i .. 1 ,f~i ~ ~.~~--/~
ADDRESS/PROJECT': ~~~-U~'~)~f~`d''Ji`J/~ ~_
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CASE/PERMIT#: ~.__hJ~# OF COPIES:-
DATE: -~.`,3-,L1i INITIAL: (i ,_
County of Pitl~n } AFFIDAVTT OF NOTICE BY POSTING
} ss. OF ~ VARIANCE HEARING BEFORE
State of Colorado } THE PTTKIN COUNTY BOARD OF ADJUSTMENT
The undersi~gn~edj.~being first duly sworn. deposes and says as follows:
I, (./n ~~ ~ ,~' ~~w~ .being or representing an ~nplicant
before the Pitkin County Board or _-Adjustment, personally certify That the attached photo~aph
fairly and accurately represents the sign posted as notice of the ~~ariance hearing on this :tatter in a
conspicuous place on the sunject property (as it could be seen ,?om tJhe nearest public ~va~: ~~ and chat
the said sign ~Nas posted and visi'vie continuously from the Z~,adav ;~f a ? ~~
to the V N~jay of ~~ . '. 9~~' (Must be posted ','or zt ?east nine ~ 91 full ~iavs
before the hearing date). - .
~„~~~ _-~poiicant's Signature
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OF
BEARINGS)
AGENDA/1VIEM0
PITKIN COUNTY BOARD OF ADJUSTMENT
July 7, 1998 at 5:15 P.M.
MEETING ROOM, SISTER CITY'S ROOM, CITY HALL
98-09 ANDREA JAEGER AND HEH)I BOOKOUT
R-30 0155 Nighthawk Lane, Lot 10, Ridge of Red Mountain, Replat 2
Pitkin County, Colorado
Requesting approval fora 30' Front Yazd Setback Variance where 30' is required, and a
12' West Side Yazd Setback Variance where 15' is required for the construction of a
driveway and associated retaining walls; also requesting a 10' East Side Yazd Setback
Variance where 15' is required for patio related improvements on this 30,618 squaze foot
lot in the R-30 zone district.
98-10 Daniel K. Thorne
AFR-10 101 Little Texas Lane, Woody Creek
Requesting approval fora 10' Front Yazd Setback Variance where 30' is required, and a 1S
Reaz Yazd Setback Variance, where 30' is required for the construction of a single family
residence in the AFR-10 zone district.
98-11 JOHN PHILLIPS
R-30 0218 Willoughby Way, Lot 2 Lynch Lot Split
Requesting approval fora 2T Front Yazd Setback Variance where 30' is required, and a S
West Side Yazd Setback Vaziance, where 15' is required for the construction of a detached
carport in the R-30 zone district.
98-13 Dr. Betty Gerstley
R-15-A 45275 Highway 82, Lot 10 Block 1, Mountain Valley Subdivision
Requesting approval fora 8' Major Road Setback Variance where 100' is required from the
Highway 82 right-of--way for an addition to a single family residence in the R-I S-A zone
district.
98-14 ASPEN/PTTKIN COUNTY AII2PORT
PUD 233 East Airport Rd, Aspen, Co
Requesting approval fora 4' Height Variance where 6' is allowed for an earthberm to be
located within the 100' Major Road Setback of Owl Creek Road.
96-22 Aspen FM, Inc. (TO BE TABLED)
RS-30 Williams Hill Communication Site
Requesting approval fora 72' Height Variance where a maximum of 28' is allowed to erect
a 100' tall radio antenna in the RS-30 zone district.
PLEASE CONTACT SHARON HIRMAN AT 920-5109, AS SOON AS POSSIBLE
TO CONFIRM B+ YOU WILL ATTEND THE MEETING.
NIINUTES
Pitltin County Board of Adjustment
July 7, 1998
Members Present: Rod Dyer Ellie Brickman Michael Cooper
Bill Lukes, Chairman Paul Rudnick
Members Absent: Bob Throm
Staff: Joanna Schaffner, Zoning Officer
George Lilly, Secretary
Theresa Albers prepazed minutes
Lukes opened the meeting and introduced the Boazd.
Case #98-09 ndrea Jaep,~r/Heidi Bookout. 0155 Nighthawk Lane. Lot 10. Ridge of Red
Mountain, Replat 2
Lukes introduced the request fora 20' Front Yazd Setback variance where 30' is required,
and a 12' West Side Yatd Setback Variance where 15' is required for the construction of
a driveway and associated retaining walls; also requesting a 10' East Side Yazd Setback
Variance where I S' is required for patio related improvements on this 30,618 squaze foot
lot in the R-30 zone district..
Schaffner indicated that the property was in a subdivision approved by the Boazd of
County Commissioners therefore a 1041 Hazazd Review was not an issue. The proposed
residence had received scenic overlay approval by the Planning and Zoning Commission.
David Brown, the owners representative, stated that with the new designs he hopes to
reduce the existing setback nonconformity of the building. The Homeowners approved
the proposal.
The applicant, Andrea Jaeger, spoke on her behalf regazding the future improvements.
No other members of the public were present.
Dyer moved to approve request due to topographic hazdship. Cooper seconded.
Passed 5-0.
Case#98-10 Asp /Pi kin o ~ntv Aimort_ 233 E Aimort Road
Lukes introduced the request fora 4'Height Variance where 6' is allowed for an
earthberm to be located within the 100' Major Road Setback of Owl Creek Road.
Schaffner introduced Scott Smith, airport manager and representative, to the Boazd.
Smith stated the need for storage area, between the berm and fence line, to store soil from
the excavation of the runway. Then reuse the soil to construct berms along Owl Creek
Road. It was stated that the slope next to the runway can not be greater than a 7 to 1
slope. Lukes noted his concerns for the shaping and revegetation of the land. The original
shape will remain and reseeding will occur using ditch water for temporary irrigation.
No members of the public were present.
Cooper stated that he rents a hanger at the airport and asked if anyone felt a conflict of
interest. No conflict was stated.
Lukes moved to approve as requested due to downzoning with conditions that provisions
be made by the Airport to create natural landforms and revegetate with the use of a
temporary irrigation system. Rudnick seconded. Passed 5-0.
Case# 98-1 l John Phillips. 213 Willoug,(L~Way. Lot 2 T yn h T nr S~
Lukes introduced the request fora 27' Front Yazd Setback Variance where 30' is
required, and a 5' West Side Yazd Setback Variance, where 15' is required for the
construction of a detached carport on this .26 acre lot in the R-30 zone district.
Warren Palmer, representative, was present and requested that this item be tabled due to a
last minute question regazding the proposal's compliance with floor azea requirements.
No members of the public were present.
Dyer moved to table the case until the next scheduled meeting. Brickham seconded.
Passed 5-0.
Case # 98-12 Daniel K. Thorne. 101 Little Teva~ T one Wood, r Pk
Lukes introduced the request fora 10' Front Yazd Setback Variance where 30' is
required, and a 15' Reaz Yazd Setback Variance, where 30' is required for the
construction of a single family residence on this .68 acre lot in the AFR-10 zone district.
Schaffner stated the property is on the river side of the subdivision and that it received a
1041 Hazazd Review approval. The home had previously burned and the owners would
like to replace it with a slightly different house. A variance request for the front yazd was
corrected to read as follows: A 20' Front Yazd Setback Variance.
John Wheeler, representative, was present.
No members of the public were present.
Brickham moved to approve as requested with correction due to downzoning. Dyer
seconded. Passed 5-0.
~1
Case # 98-13 Dr Bettv Gerstly. 45275 Highway 82. Lot 10 Block 1 Mountain Vallev
Subdivision
Lukes introduced the request for approval for an 8' Major Road Setback Variance where
100' is required from the Highway 82 right-of--way for an addition to a single family
residence in the R-15-A zone district.
Schaffner stated that the building is a duplex. This case had previously been before the
Boazd for other improeements.
Roger Kerr, representative, was present.
Richazd Haberman, as the Homeowners representative, was present. Haberman was asked
if the Homeowners approved the plans. He stated that he had not seen the plans but had
asked about the squaze footage.
No other members of the public were present.
Rudnick moved to approve as requested due to downzoning. Dyer seconded. Passed 5-0.
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Schaffner announced that The Community Development Duector has directed that,
because of a current lack of staff, the minutes for the Boazd of Adjustment will not be
transcribed, for an indefinite period of time. The Board felt strongly that the tape
recording of the meetings was not enough and that they definitely wanted minutes to be
prepazed. Dyer moved to request the minutes still be transcribed every month. Brickham
seconded. Passed 5-0. Schaffner will appeal to Cindy Houben.
A discussion ensued regarding Shira Geller's replacement on the Boazd. Dyer moved to
recommend Paul Rudnick as a regulaz member of the Boazd to BOCC. Brickham
seconded. Passed 4-0 with Rudnick not voting.
Rudnick moved to adjourn. Cooper seconded .Passed 5-0
Meeting adjourned at 7:10 P.M.
Respectfully submitted,
Theresa Albers, Secretary
g~a3~~~
Date
X Approved as submitted
Approved with noted change(s)
B1~ ~~
Date
. ..
ymvuTEs
Pitkin County Board of Adjustment
June 2, 1998
Members Present: Rod Dyer, Acting Chairman Ellie Brickfiam
Paul Rudnick Bob Throm
Members Absent: Bill Lukes Shira Geller Mike Cooper
Staff: Joanna Schaffner, Zoning Officer
George Lilly, Secretary at meeting
Theresa Albers prepazed minutes
Dyer opened the meeting and introduced the Boazd.
Case #98-08. William Richer. 0158 Anache Trail. Lot 10 Swiss V'illaee
Dyer introduced the request fora 20' Front Yazd Setback Variance where 30' is required,
for this 150 squaze foot lot in the R-15 zone district, for the construction of a detached
residential garage.
It was stated that Schaffner took into account the overhang on the garage. It is 11' to the
comer of the house but 10' to the overhang. There were also concerns on the gully and
grade behind the garage. The gully drops approximately 10' on a gradual cut. One comer
of the structure will need to be engineered because of the low elevation.
William Richer was present.
No members of the public were presem.
Throm moved to approve as submitted due to topographic hardship. Brickham seconded.
Motion passed 4-0.
Case # 98-09. Andrea Jaeger and Heidi Bookout. 0155 Nighthawk Lane Lot 10 Ridge of
Red Mountain. Replat 2
Dyer introduced the request fora 30' Front Yazd Setback Variance where 30' is required,
and a 12' West Side Yard Setback Variance where 15' is required for the construction of
a driveway and associated retaining walls; also requesting a 10' East Side Yard Setback
Variance where 15' is required for patio related improvements on this 30,618 squaze foot
lot in the R-30 zone district.
A request to table the case was submitted due to a public notice deficiency.
A faxed letter was read into record from Gideon Kaufinan on behalf of David Gitlitz, an
adjacent property owner who was concerned of being able to see the house.
David Brown was present as the applicant's representative.
No other members of the public were present.
Rudnick moved to table the case. Throm seconded. Passed 4-0. Tabied until the next
scheduled meeting.
Case #98-10 Asoen/Pitkin Countv Airport. 233 E Airport Rd
Dyer introduced the request fora 4' Height Variance where 6' is allowed for an earthberm
to be located within the 100' Major Road Setback of Owl Creek Road.
Request was submitted to table the case due to a public notice deficiency.
No members of the public were present.
Brickham moved to table. Rudnick seconded. Passed 40. Tabled until the next scheduled
meeting.
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Dyer moved to approve minutes from the May 5, 1998 meeting. Throm seconded. Passed
40.
Ellie Brickham requested to have her name spelled correctly.
George Lilly announced Shira Geller's resignation from the Board of Adjustment.
Meeting adjourned.
Respectfiilly submitted,
~~~~~h~n
Theresa Albers, Secretary
9-a~ 9R
Date
X Approved as submitted
Approved with noted change(s)
B' Ickes, Chair
cv oGT °-S
Date