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Home My WebLink Aboutpitkin.boa.98.18PITHIN COUNTY BOARD OF ADJUSTMENT Application Form DATE ~ ~ /2 rI /`~ g CASE # ~~ ~- / ~5 `''PF~~-~--~ OWNER N~ SS~i(' eg~,~EC~/f l PHONE 9zs--o2odl MAILING ADDRESS /~' o . ~ aX /~~~ /~} SEA/ CD 8 ~ 6 / 2 LOCATION OF PROPERTY ~ `r4 ,2EJ <`1 a r/~/Tf~~N ,~ ~ /~ D f}S~Eic/, Ca Ca,Qf,~TJO Any pertinent data must accompany this application, and will be made art of this Case. The Board may return this application if it does not contain all the facts in question. ~~- ~ ~ ` , Owner's dive's (To be completed by the Zoning Department) Provisions of the caning resolution requiring the Zoning Official to forwazd this application to the Boazd of Adjustment, and reasons fqr not granting a building permit: Requesting: ' Front Yazd Setback Variance, where ' Reaz Yazd Setback Variance, where ' _ Side Yana Setback Variance, where _ ' _ Side Yard Setback Variance, where _ ' Height Variance, where ' is allowed. ' is required. ' is required. ' is required. ' is required. Square Feet where a maxirnum of _ sq. ft. is allowed. Parcel ID Other: ~ G` C:~SL~G , ~1~"l~9 1 ~cW7C`DC~.I~ ~2 ~10.A 1~ b..A,P Q W~SI Zoning Application filed Date of Meeting Notices Mailed '~ ~ Zone District ,~9~ ~'~ Lot Size /Li t~~-II c Secretary ,~~tPP11~.a'~'~. n~rn ~ , BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT 'f0 ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to Pitkin County 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 Zoning Resolution. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objection to such vaziance, 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. THE PARTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE ARE AS FOLLOWS: Date and time of meeting: Location of Meeting: Owner: Owner's Address: Property Location or Description: August 4, 1998 at 5:15 p.m. Meeting Room, Library Nasser Sadeghi P.O. Box 1411 Aspen, CO 470 Red Mountain Road Requesting approval fora 20' Collector Street Setback Variance where 50' is required from the Red Mountain Road right-of--way, for the addition/remodle of an existing single family residence. VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED. Duration of Variance: Temporary _ Permanent ~ THE PITKIN COUNTY BOARD OF ADJUSTMENT .•. TO: Ms. Joanna Schaffner, Zoning Officer, and members of the Pitkin County Board of Adjustment FEOK: Nasser Sadeghi, Applicant-Owner 470 Red Mountain Road Aspen, Co 81612 RE: Letter describing necessary variance due to the topography hardship DATE: July 27, 1998 The subject property is 0.995 of an acre, a rather narrow parcel of land 516 feet along the Red Mountain Road, with Salvation Ditch flowing through its upper Easterly portions, during the 3 month of summer each year. The property is widest on its South West corner, where it was excavated in -the 1950's in order to construct the existing residence which was remodeled and brought up to code in 1988 with an approximately 30 feet level area on the West side for lawn and gardening. . The 1997 Board of Adjustment approval of garage and driveway has improved the access to the property tremendously. The property has mostly slopes in excess of 30%, except where the residence and 30 feet front yard setback as well as 50 feet road setback adjacent to the Red Mountain Road is located. During the 1041 Hazard Review and approval of a Building Envelope, it was anticipated that at a later date I would apply for variances of above set- backs within the already approved Building Envelope and 1041 Hazard Review, prior to obtaining a building permit. Therefore, due to the constrained nature of property and limitations of the 1041 Hazard Review and Building Envelope, for slopes more than 30%. I have a topography Hardship, which has left me no other choice but to ask for approval of the requested setback variances. 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E 'r' r 1426 COMMUNITY DEVELOPMENT DEF 130 South Galena Street .+,• Aspen, Colorado 81611 (970) 920-5090 Pitkin County Land Use: 172 Boazd of Adjustment 159 County Land Use Code 173 Deposit 174 Flat Fee 162 Zoning and Sign 171 Public Notlce Referral Fees: RB115 Access Permit 197 County Clerk 193 County Engineer 194 Environmental Health 198 Housing 190 Land Management 196 Wildlife Officer Building Fees: 170 Board of Appeals , 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 151 Aspen Sanitation 152 AVFD Fire Mazshal Other Fees: 155 Use Tax 165 Copy Performance Deposit 185 Pazk Dedication 186 Housing Cash in Lieu 166 GIS Maps RB116 Road Impact Fees /~ U. ~~ TOTAL ~~ CJ ' Cy ADDRESS/PROJECT: % i~'-% ~ ~ - ~ -I ~- - /`, _~ .. PHONE: :~ "' ~-I:.~v I CHECK# % tf 1y CASE/PERMIT#: %:'`` IS # OF COPIES: r ,• r - DATE: X" U " `~ / INITIAL: County of Pitkin } AFFIDAVIT OF NOTICE BY POSTING } ss. OF A VARIANCE HEARING BEFORE State of Colorado } THE PITKIN COUNTY BOARD OF ADJUSTMENT The undersigned, being first duly sworn, deposes and says as follows: I, ~~}- S S E~/~ .~ f~ ~E~'~ 1'7"~ _ being e~~epr~esentiirg an Applicant before the Pitkin County Boazd of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as it could be seen from the neazest public way) and that the said sign was posted and visible continuously from the ~_day of ~ ~ 19~ to the ~~.,day of ~U(r. , 19~ (Must be posted for at least nine (9) full days before the hearing date). Applicant's gnature (Attach photograph here) BRING THIS FORM TO Subscribe and sworn to b o me 's day of 1 y ~ ~ ~-~ WITNESS MY HAND AND OFFICIAL SEAL. My Commission s ~ ~~~~ PUBLIC NOTICE Y ~' ~ ~ ~ ~'" J ~ ;~r Address DATE ~' ~ T1ME _ ~ ~~'_~'. PLACE IPa~~ AGENDA/MEMO PITKIN COUNTY BOARD OF ADJUSTMENT AUGUST 4, 1998 at 5:15 P.M. MEETING ROOM, LIBRARY 98-11 John Phillips 0218 Willoughby Way, Lot 2 Lynch Lot Split Requesting approval fora 27' Front Yazd Setback Variance where 30' is required, a 5' West Side Yazd Setback Variance where 15' is requited and a 320 square feet increase in floor area where a maximum of 1,560 square feet is allowed. For the construction of a detached carport in the R-30 zone district. The residence is currently 819 square feet over the allowed floor area 98-15 Town of Basalt 23715 Two Rivers Road Requesting approval for an 8' and a 26' Front Yard Setback Variances where 30' is required in the AFR-10 zone district for the construction of a restroom facility and sunshade, respectively. 98-16 Dan Johns 250 Mountain Laurel, Lot 64 Mountain Valley Subdivision Requesting approval fora 28' Front Yazd Setback Variance, where 30' is required in the R15-A zone district, for the construction of a new duplex. 98-17 James R. Hedges 418 Wrights Road Requesting approval fora 20' Front Yazd Setback Variance. where 30' is required in the R30 zone district, for retaining walls and a new driveway, atl of which exceed 30" in height 98-18 Nasser Sadeghi 470 Red Mountain Road Requesting approval fora 20' Collector Street Setback Variance, where 50' is required from the Red Mountain Road right-of--way, for the addition/remodel of an existing residence. 98-19 Aspen FM, Inc. 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 HII2MAN AT 920.5109, AS SOON AS POSSIBLE 1F YOU ARE UNABLE TO ATTEND THE MEETING. NOTICE OF PUBLIC HEARING BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALI. PROPERTY OWNERS AFFECTID BY THE REQUESTED ZONING VARIANCE DESCRIBED BELOW: Parsttan[ [o Pitkia Coutny Zoning Resolution of June :. 1955. ss amended, a Public Hearing will be held :o consider an application riled with [he said Boazd of Adjusmmem requesting authority for variance from the provisions of the County zoning Resoltuion. All persons affected by the proposed variance are ittvited to appeaz and state Their views, protests, or objections. If you cannot appeaz personally at such meeting, Then you are urged to state your views by Iener. ~ardculaziy if you have objecnon to such variance. 3s the Board of Adjusmmerff will give serious considezation to dte opinions of surrouttding propem owners and others affected in deciding whether to ;rant or deny [he request for variance. A VARIANCE GREATER THAN OR LESS THAN THAT REQUESTED COULD BE GRANTED. DATE AND TIME OF MEETING: LOCATION OF MEETING: Tttesday, August 4, 1998; 3:15 P.14. Sister Cities Meeting Room, City Hall 130 S. Galena Stream, _1sQen, CO Town of Basalt/Gerrq Pace: Requesting approvai for an 3' Frorss Yard Setback Variance, and a '_6' Front Yard Setback Variance where 30' is required in [he AFR-10 zone disQict for [he constroction of a restroom facilirv and sunshade. Property Loradon:'_37li Two Rivers Road AKA Fisherman's Park Johns. Dan: Requesting approval fors 28' FronrYard Setback Variance, where 30' is required in the R- 15-A zone district, for the consuttction of a new duplex. Property London: 250 Mountain Lattrel, Lor 64 Mountain Valley Subdivision Hedge9. James R.: Requesting approval fora 20' Front Yard Setback Variance, where 30' is required is the R-30 zone district, for retaining ~.vails and a new drivewa7. all of which exc°ed .0" :n height. Propem Location: 418 Wrights Road. Aspen Sadeghi. Nasser: Requesting approval fora 20' Collecwr Street Setback Varianrn, where 50' is required from the Red Mouttain Road rigiu-of-way, for the addition/remodel of an existing single family residence. Property Location: 470 Red Moumain Road Submitted to the Aspen Times on July 21, 1998------------------_-_-_-_-_-_-_-_-_-_ To Be Published is the Aspen T"mmes oa July 25, 1998. Firkin County Accoum: OOZ.02 NIINUTES Members Present: Members Absent: Pittcin County Board of.ldjustment August 4. 1998 Ellie Brickman Bill Lukes. Chairman Mike Cooper Rod Dyer Paul Rudnick Bob Throm Staff: Joanna Schaffner. Zoning Officer George Lilly, Secretary Theresa Albers prepazed minutes Lukes opened the meeting and introduced the Boazd. C~ Case #98-11. To n P illin ^18 Willo gj~~Way nr ~ r ynch r r c.,hr Lukes introduced the request fora 2T Front Yazd Setback Variance where 30' is required, a ~' West Side Yazd Setback Variance where 15' is required and a 320 square foot increase in floor azea where a maxium of 1,%0 square feet is allowed, for the construction of a detached carport in the R-30 zone district. The residence is currently 819 squaze feet over the allowed floor azea. Schaffner stated that with the lot split in 1984 the residence is now a conforming size. Note: Pazcel is small therefore the floor area ratio is reduced. The house has used up all allowable squaze footage for any exempt garage. Request for the garage is above and beyond the allowable FAR The applicant reduced the proposed garage to a carport to minimize impacts. Warren Palmer spoke on behalf of the applicant. The house was built in 1957 before the lot split. A remodel occured after the lot split that did reduce the original floor area. Palmer stated that when the definition of floor area was changed in the Land Use Code in 1994 it reduced the allowable exemption for carport, or garage, if the residence exceeded the allowed floor azea. Letters were read for the record from neighbors Jack Crandel, Arther Greenburg and Jim Martin in support of the variance. No members of the public were present. Throm moved to approve as submitted due to topographic hazdship and the allowance by the Board of County Commissioners for the construction remodeling of a house. Rudnick seconded. Passed 4-0 C~ce # 98-15 Town of Basalt X3715 Two Rive*e Roa~1 Lukes introduced the request for an 3' and a 26' Front Yazd Setback Variance where 30' is required for this ?.~ ~9 acre lot in the AFR-10 zone district for the construction of a restroom facility and a sunshade, repectively. Schaffner notes the location of the pazcel in which a Fisherman's Pazk will be created. Concerns of where people will park was discussed. A pazking lot is Located nest to the restroom. Funding will come from a Fishing Is Fun Grant. Other improvements may be the addition of a second restroom and an identification sign. Gerry Pace and Robby, representatives, were present. No other members of the public were present. Rudnick moved to table the sunshade until the next scheduled meeting because of the lack of information. Throm seconded. Passed ~l-0. Brickham moved to approve a 26' Front Yazd Setback Variance for construction of two restrooms due to extreme narrowness of the lot. Rudnick seconded. Passed 4-0. Case # 98-16 D n o ns, 25(1 Vfremtain T.anrnl T ~r Fa n~,.,,....,:., V Iley Subdiyieinn Lukes introduced the request fora 28' Front Yard Setback Variance, where 30' is required for this 17,107 square foot lot in the R15-4 zone district, for the construction of anew duplex. Schaffner stated that this is an existing legal duplex currently used as a foutplex. She noted the retaining wall adjacent to the roadway and the tenant's cars having to be pazked next to the road. Johns wish is to convert the building back to a duplex with demolition of the existing structure and construction of a new building. Approvals were received from the Homeowners Association and Architectural Review Committee. Richazd Haberman from the Architectural Committee was present. Lukes read for the record a letter from Haberman asking for a 22' variance and a 28' variance staircase and requesting no more cazs be parked by the roadway. Also a letter from Al Fiorello, an adjacent property owner, shows, for the most part, support. He would like to see a wider space between the garages and natural sloping landscape. No other members of the public were present. Rudnick moved to approve as submitted, due to topographic hazdship, a variance of 28' for the stairway and railings adjacent to each gazage and a variance of 22' from the face of the gazage. Brickham seconded. Passed 4-0 Case ~ 98-17 James R Hedges 118 Wrig is Road Lukes introduced the request fora 20' Front Yard Setback Variance, where 30' is required for this .64 acre in the R-30 zone district. for retaining walls and a new driveway, all of which exceed 3~n height. ~o' Schaffner stated that she had received updated plans. The only correction was to an easement crossing the propem. This had received a 1041 Hazard Review approval for the very steep slopes and for the wildfire issue. Concerns were stressed on the retaining walls. The 1041 Hazard Review requested that the walls be designed to retain the small ledge of colluvium at top of property. No members of the public were present. Throw moved to approve as presented due to extreme topographic hardship and pursuant to the condition of ~2 Board of County Commissioners Resolution x#97-129. Brickham seconded. Passed 4-0. Lukes introduced the request fora 20' Collector Street Setback Variance, where ~0' is required from the Red Mountain Road right-of--way, for the additionJremodel of an existing residence. Schaffner stated that this property came before the Boazd previously for variances on a garage. She noted the property's location to Red Mountain Road and Wrights Road. The existing house is in the front yazd setback as well as in the i0' setback. The proposed addition is outside of the 30' front yazd setback. A portion will encroach into the 50' setback. Questions were asked regarding the 20' vaP'ssce. The applicant clarified the . revisions to the building envelope. He points out 6ou es,~xisting structures and where `' the additions will be located. Conclusions were ma'3e on01tfie ~asissof by adhereing to the 30' and the 50' setback would essentually render the building envelope useless. No members of the public were present. Brickham moved to approve as submitted due to extreme topographic hazdship. Throw seconded. Passed 40 i • Case # 98-19 Aspen FM. Inc.. Willi mS Hill f nmmnniror;.... c;.o Lukes introduced the request fora 72' Height Variance where a maximum of 28' is ailowed to erect a 100' tall radio antenna in the RS-30 zone district. Schaffner clarified the location of the tower on Williams Hill. There is currently one existing tower that is owned by Moss Enterprises (KSPN). The FM station received approval from the Boazd of County Commissioners. The BOCC requires that this tower have multiple users. This will accomodate three more radio stations and six more pager cell districts. The FM station will own the tower on BLM land. Gideon Kaufman, representative, was present. No members of the public were present. Throm moved to approve as presented due to administrative hazdship requirements per the BOCC and the FCC. Rudnick seconded. Passed ~l-0. A follow-up was noted regazding the "Conflict of Interest" Policy. Schaffner stated that they are still working on it. Will know more when they get further along. No minutes were reviewed. Schaffner is working on getting the minutes regenerated Meeting adjourned. Respectfully submitted, Theresa Albers, Secretary 9- a3~ 9~' Date Approved as submitted j( APproved with noted change(s) B' Lukes, Chair ~ ocr ~8 Date T • 14~t> . COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 Pitkin County Land Use: ~ .., "- 172 Boazd of Adjustment ~'_ ~-~' 159 County Land Use Code 173 Deposit 174 Flat Fee 162 Zoning and Sign 171 Public Notice Referral Fees: RB115 Access Permit 197 County Clerk 193 County Engineer 194 Environmental Health 198 Housing 190 Land Management 196 Wildlife Officer Building Fees: 170 Boazd of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 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 RB116 Road Impact Fees ,+ TOTAL ADDRESS/PROJECT: PHONE CHECK# '~~~'j CASE/PERMIT#: t ~ ~~ # OF COPIES: DATE: ~ tl ~7 ~ INITIAL: