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BEFORE THE PITI{IN COUNTY BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOW: Pursuant to Pitkin County Resolution of June 5, 1995, as amended, a Public
Heazing will be held to consider an application Filed with the said Board of Adjustment requesting
authority for vaziance from the provisions of the County Zoning Resolution.
All persons affected by the proposed variance are invited to appeaz 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 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.
THE PARTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE AREAS
FOLLOWS:
Date and time of meeting:
Location of meeting:
Owuer:
Owner's Address:
Property Location or
Description:
September 1. 1998
Sister Cities Room, City Hall
130 S. Galena Street
Aspen, Co 81611
Games, Adolfo
30875 Highway 82
Snowmass, CO 81654
30875 Highway 82
Snowmass, Co 81654
Requesting approval fora 121' Arterial Highway Setback Variance where 200' is required from the
Highway 82 right-of--way, for the construction of a bird kennel.
VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED.
Duration of Variance: Temporary Permanent X
r-~
Many have forgotten this truth,
but you must not forget it.
You remain responsible, forever,
for what you have tamed.
-Antoine de Saint - Exupery
organization promoting
To: Pitkin County Board of Adjustment
education, rescue,
renabilaason, aaeptmn, Re: Request for a Variance
and sanctuary for
companion parrots. The Gabriel Foundation is in dire need of large exercise areas for its large
Parrot Adoption Center's in house population of exotic birds under our care.
Many of these birds have come from horrific situations, and as a licensed
rehab facility by the State of Colorado, we are providing a much needed
specialized service. Please see the attached mission statement for an
overview of our work. We also do an enormous amount of community
outreach with area-wide schools, day care facilities, geriatric centers, local
and out of area veterinary interns, as well as many aviculturally interested
groups. The high visibility of Aspen has given us tremendous exposure on a
national level that has had excellent public response. Because we are
housed in the old large animal hospital of an old facility, not enough space
was available to us for indoor flight cages. Dr. Games still continues to see
large animal patients, and then the parrot shuffle must begin to clear the
area so that the hydraulic operating table can be used. With the temporary
outdoor aviary, we can provide a safe and healthy alternative environmental
enrichment for these creatures in our stewardship. The outdoor aviary can
be minimally heated to provide ayear-round play and exercise area for
these birds. Additionally, we can conduct our mini-classroom lectures out
there for the many school children who continually come to visit regardless
of weather conditions. Our educational contributions in this particular
avicultural field have gained much national acclaim, and international
awareness. Please help us to continue to create a new standard in avian
care. Confining these wonderful creatures to live only in minimal cubicle
cages, like those from their previous habitats is comparable to incarceration.
Public commentary on our project has been positive and supportive and
continues to draw in interested persons on a daily basis to learn more about
these remarkable animals.
Your immediate attention to our request is gratefully appreciated.
Sincerely, ~ 1~t~1~t~
e ~
Post Office sax i 1a7~ ~ Jul a Weiss Murad
Aspen, Colorado 81612 under and President
970.923.1 009
Fax 970.923.6363
Email • gabriel@thegabrielfoundation.org www.thegabrielfoundation.org Tax Identification 84.1396085
A Colorado non-profit 13 April 1998
Many have forgotten this truth,
but you must not forget it.
You remain responsible, forever,
for what you have tamed.
-Antoine de Saint - Exupery
A Colorado non-profit
organization promoting The Gabriel Foundation is a not for profit organization dedicated to the
education, es~;ue, well-being of companion parrots. We aspire to educate persons interested in
rehabaaation.. adoption, parrots about the complex needs of our feathered friends through focus on
their psychological, physiological, environmental and nutritional needs. We
and sanctuary for hope to generate continuing awareness of their natural habitat,
companion parrots. conservation, captive breeding, and the care required to keep a
companion bird and its human flock happy and healthy. We have outreach
educational programs with area wide schools and environmental groups.
Our web site makes this invaluable information accessible to even larger
numbers of interested persons and organizations.
We are a rescue and rehabilitative organization licensed by the State
of Colorado. We strive ceaselessly to end the ignorance, neglect and abuse
too often encountered in the companion parrot business by unscrupulous
breeders and pet stores; uneducated, unaware, or uncaring owners; and
veterinarians untrained in avian medicine.
The Gabriel Foundation Medical Director, Julie Martin D.V.M.,
evaluates the acute, chronic and long term medical needs of incoming
adoptive birds to our Parrot Adoption Center. Our team of certified
veterinary technicians, staff members and volunteers provides
comprehensive care and nurturance to these creatures who are totally
dependent upon us for their well-being.
Our foster and adoption programs have been very successful to date
because of the educational process generated through our information and
adoption packages.
If you have any questions regarding The Gabriel Foundation, adoption
policies, or our Parrot Adoption Center, please direct them to Julie Weiss
Murad, Founder and President; Jean Dupre Pollack, Director of Operations; or
Sue Mozian, Coordinator of Bird Health & Welfare. We can be reached by
telephone at 970-923-1009; by mail at Post Office Box 11477, Aspen,
Colorado 81612; or by e-mail at gabriel@thegabrielfoundation.org.
We are very grateful for any donations or contributions made to The
Gabriel Foundation.
Thank you.
Post Office Box 11477
Aspen, Colorado 81612
970.923.1 009
Fax 970.923.6363
Email •gabriel@thegabrielfoundation.org
THE GABRIEL FOUNDATION
J Weiss Murad
Founder/President
www.thegabrie Ifound ati on.o rg
Tax Identification 84.1396085
-,.-.
Adjacent Property Owners
Horsetail Inc
c/o Arnold Quinn
7328 Ehtel Avenue
Hollywood, CA 91605
Stutsman, Richard
505 Gerbazdale Drive
Snowmass, CO 81654
Stutsman, Lisa
30876 Highway 82
Snowmass, CO 81654
Girardi, Thomas
1126 Wilshire Blvd
Los Angeles, CA 90017
Koch, Ronald and Janice
1200 17th St Ste 880
Denver, CO 80202
Aspen Village River Homes Parcel E
Pitkin County
530 East Main Street
Aspen, CO 81611
Double X Quarter Circle Homeowner's Association
150 Watson Divide Road
Snowmass, CO 81654
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MASTER I
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DESC: A TRACT OF LAND SITUA` "N THE
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X-Sender: tamarap@comdev
Date: Tue, 22 Sep 1998 13:51:30 -0600
To: joannas@co.pitkin.co.us
From: Tamara Pregl <tamarap@ci.aspen.co.us>
Subject: bird brain
Joanna,
The Aspen Valley Vet Hospital recieved approval. The Gabriel Foundation
can
go forward with a setback variance. Should be a temporary variance since
they need to vacate the site by October 31 of next year.
Tamara
rinEe or oanna~c a ner <3oannas co.pi "Tc n~co.us> -----
Asp^~a Valley Veterinary I~pital
30875 Highway 82
Snowmass, Colorado 81654
(970)923-2022
4/ 12/98
To whom it may concern,
This letter is to confirm my support for the Gabriel Foundation and its efforts to treat, care, and maintain
the birds under their charge. In addition, we as a group are very excited about the educational possibilities
with relation to our community that are being offered. The general philosophy of our combined teams has
as a goal caring for animals and being an educational forum.
The Foundation has approval by me, as owner of this property, to have a stucture as described (outdoor
aviary) as an adjunct to their wonderful work.
Should you have any questions, feel free to call anytime.
Thank yon, .`
Adolfo D. ames DVM-_~
President
theGabrl
,~-,
~-,
Many have forgotten this truth,
but you must not forget it.
You remain responsible, forever,
for what you havE; tamed.
- Antoine de Saint - Exupery
~EIVEG
A Colorado non~proflt
organization promoting
education, rescue,
rehabilitation, adoption.
and sanctuary for
companion parrots.
Post Office Box 11477
Aspen, Colorado 87612
970.923.1 009
Fax 970.923.6363
~<<~'i ~ via
7 October 1998
To: Pitkin County Planning & Zoning
Joanna Schaffner
Via facsimile: 920-5439
From: Julie Weiss Murad
Re:
Dear Joanna:
Ci::, YvuNl rY UCVk40PNEVT
Board of Adjustment Meeting 10/6/98
No one in the Community Development office notified either Aspen
Valley Veterinary Hospital or The Gabriel Foundation that we were
to be present at the Board of Adjustments meeting yesterday. We
were called as the meeting was in progress. Obviously, we had no
idea we were to be there, much less what we should have brought
with us.
Now we are told we are on the agenda for the Board of
Adjustments meeting on November 3, 1998. We would appreciate
your letting us know what we are required to bring with us to that
meeting.
Thank you.
~~~~~~
Julie Weiss Murad
President and Founder
cc: AJ Games, DVM -Aspen Valley Veterinary Hospital
Email • gabriel@thegabrielfoundation.org www.thegabrielfoundation.org Tax Identification 84.7396085
1D/07/99 19:95 FA% 970 928 6589 ~ /~ f~ \~~-., , /~ ~- OL
~ ''- _ ~ ,_ /J! I
t
Many have forgotten this truth,
6uT yeu must no f0if7 rH it.
You remain responsi6 e. f rever,
for what you h vc. mm~d.
- Antonio do aint ~ 6mpo~y
A Colorado nonpraiic
nrganvalinn praonnting
7 ~~ 1998
educa6nn, rFSC~n,
rohabiliranon, adoption,
and sanctuary for
companion parrots. To: Pitkin County Planning & Zoning
Joanna Schaffner
Via facsimile: 920-5439
From: Julie Weiss Murad
Re: Board of Adjustment Meeting 10/6/98
Dear]oanna:
No one in the Community Development office notified either' Aspen
Valley Veterinary Hospital or The Gabriel Foundation that we were
to be present at the Board of Adjustments meeting yesterday. We
were tailed as the meeting was in progress. Otwiously, we had no
idea we were to be there, much less what we should have brought
with us.
Now we are bold we are on the agenda for the Board of
Adjustments meeting on November 3, 1998. We would appreciate
your letting us know what we one required to bring with us to that
meeting.
Thank you.
~~~~/~
Julie Weiss Murad
President and Founder
cc: A] Games, DVM -Aspen Valley Veterinary Hospibl
Post Office Boo 11477
Aspen. Colorado 61612
970.923.7 009
Fav 970.929.fi983
Email • ga6rie! o~thsgahridMundatan.org www.lhegabrielfaundaivrn.arg Tau
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- 1820
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
Pitkin County
Lana Uae:
172 Boazd of Adjustment
159 County Land Use Code
173 Deposit
174 Flat Fee
162 Zoning and Sign
171 Public Notice
Referral Fees:
RBl 15 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 Enerlry 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 Pazk Dedication
186 Housing Cash in Lieu
166 G(S Maps
RB116 Road Impact Fees
/S0 ~ `~'~
//TOTAL !~O , v v
NAME: S] a. Jri e.l ~ovr.dt~~i a-,-,
CASE/PERMIT#:p Yb eC.3 # OF CO~~PI//E11~~S:
DATE: (0-~o~9p INITIAL:
county ~~Pitltia } AFF1nAVrr of NoTiEE sY
} ss. POSTING OF A PUBLIC HEARING
State of Colorado } FOR A PiTKIlY COIINTY
.DEVELOPMENT PERMIT
The undersigned, being first duly sworn, deposes and says as follows:
I, ~ Lt ~ ~ e ~ ~ ~~ .being or representing an Applicant ror a Pitkin
County Development Permit, personally certify thaz the attached photograph fairly and accurately
represents the sign posted as notice of the public hearing on this matter in a conspicuous place on
the subject properry (as it could be peen from the nearest public wayl and that the sign was posted
I9°~ to the -3 day of ~l Q ~^''-'b~'~'
~.
.~
a0
.~
,:.~ ~ .... 3sodand -
3~llfld
.-
ry• 3WI1 '
31VQ
mow/ ~ wig A~~ww r
the public hearing).
Signature
sworn to before me this ~ 6 day of
~~.to bcr 19~ by ~ o~.~ C L S (aI ~-~^
~ITI`l$SS 1VIY HAND AND OFFICIAL SEAL.
[y commission expires: 9(0 ~~ `~ I z 001
~ ~~ ~~
Jotary Public's Signature ~/( J
4,ddress
_ n/ ~V
AGENDA/MEMO
PITKIN COUNTY BOARD OF ADJUSTMENT
SEPTEMBER 1, 1998 at 5:15 P.M.
SISTER CITIES ROOM, CITY HALL
98-15 Town of Basalt
23715 Two Rivers Road
Requesting approval for an 8' and a 26' Front Yazd Setback Variances where 30' is
required in the AFR-10 zone district for the construction of a restroom facility and
sunshade, respectively.
98-23 Games, Adolfo
30875 Higbway 82, Snowmass
Requesting approval fora 121' Arterial Highway Setback Variance where 200' is required
from the Highway 82 right-of--way, for the construction of a bird kennel.
98-19 Dreher, Bruce
110 Ardmore Court, Aspeu Lot 4, Ardmore Subdivision
Requesting approval for an 8' North Side Yazd Setback Variance where 10' is required for
this lot in the R- I S zone district, for the construction of a retaining wall which exceeds 30
inches in height.
98-20 Hilts, Anna-Lena
Lot 16, Aspen Village
Requesting approval of an 8' Side Yazd Setback Variance where 10 feet is required and a 60
square foot increase in allowed floor azea where a maximum of 1140 squaze feet aze
allowed on this 3,801 square foot lot in the AH-1vIHP zone district, for the placement of a
new mobile home. Withdrawn
98-21 Hart, Tern
Lot 10, Little Texas Subdivision
Requesting approval of a 5' Side Yazd Setback Variance where 10' is required, and a 5'
Front Yazd Setback Variance where 30' is required for this .56 acre lot in the AFR-10 zone
district, for the construction of a new single family residence.
PLEASE CONTACT SHARON HIRMAN AT 920.5109, AS SOON AS POSSIBLE
IF YOU ARE UNABLE TO ATTEND THE MEETING.
AGENDA/MEMO
PITKIN COUNTY BOARD OF ADJUSTMENT
October 6, 1998 at 5:15 P.M.
Sister Cities Meeting Room, City Hall
98-23 Adolfo Games
30875 Highway 82, Aspen
Requesting approval fora 121' Arterial Highway Setback Variance where 200' is required
from the Highway 82 right-of--way, to allow for the temporary placement of a bird kennel.
(To be taken down by July 30,1999).
98-24 Thomas van Straaten
402 E. Lupine Drive, Aspen, CO 81611
Requesting approval fora 53' Arterial Highway Setback Variance, where 100' is required,
for this 18,787 squaze foot lot in the R-15-A zone district, for the construction of additons
to an existing single family residence.
Property Location: Lot 40 ,Block 1, Mountain Valley Subdivision
98-25 North Enterprises 1996 Trust
c/o Gideon I. Kaufman
315 E Hyman Ave., #305, Aspen, CO 81611
Requesting a 5' Height Vaziance where 20' is allowed for construction of a barn/riding
arena, in the RS-160 zone district.
Property Location: Homestead Lot 12, Wildcat Ranch.
Minutes of the (June 2, July 7, August 4), 1998 meeting.
Resolution #98-164
PLEASE CONTACT THERESA ALBERS AT 920-509Q, AS SOON AS POSSIBLE
TO CONFII2M IF YOU WILL ATTEND THE MEETING.
AGENDA/MEMO
PITKIN COUNTY BOARD OF ADJUSTMENT
October 6, 1998 at 5:15 P.M.
Sister Cities Meeting Room, City Hall
98-23 Adolfo Games
30875 Highway 82, Aspen
Requesting approval fora 121' Arterial Highway Setback Variance where 200' is required
from the Highway 82 right-of--way, to allow for the temporary placement of a bird kennel.
(To be taken down by July 30,1999).
98-24 Thomas van Straaten
402 E. Lupine Drive, Aspen, CO 81611
Requesting approval fora 53' Arterial Highway Setback Variance, where 100' is required,
for this 18,787 squaze foot lot in the R-15-A zone district, for the construction of additons
to an existing single family residence.
Property Location: Lot 40 ,Block 1, Mountain Valley Subdivision
98-25 North Enterprises 1996 Trust
c/o Gideon I. Kaufman
315 E Hyman Ave., #305, Aspen, CO 81611
Requesting a 5' Height Variance where 20' is allowed for construction of a barn/riding
arena, in the RS-160 zone district.
Property Location: Homestead Lot 12, Wildcat Ranch.
Minutes of the (June 2, July 7, August 4), 1998 meeting.
Resolution #98-164
PLEASE CONTACT THERESA ALBERS AT 920-5090, AS SOON AS POSSIBLE
TO CONFIRM IF YOU WILL ATTEND THE MEETING.
AGENDA/NIEMO
PTTKIN COUNTY BOARD OF ADJiJSTMENT
December 1,1998 at 5:15 P.M.
BOCC Meeting Room, First Floor, Courthouse
98-23 Adolfo Games
30875 Highway 82, Snowmass, CO 81654
Requesting a 121' Arterial Highway Setback Variance where 200' is required from the
Highway 82 right-of--way, to allow for the temporary placement of a bird kennel, in the
AFR-10 zone district.
( To betaken down by October 31, 1999 ).
Property location: 30875 Highway 82
98-25 Gerald D. Hines
99 Shady Lane, Aspen, CO 81611
Requesting a 240 squaze foot increase in floor azea where the maximum allowed is 11,615
square feet, for the construction of a deck onto an existing residence, for this 2.35 acre
parcel in the R-30 zone district.
Property location: 99 Shady Lane, Aspen
98-26 Crystal River Equity Ventures, Inc.
c/o Finger Interests, Ltd
520 Post Oak Blvd., Ste. 750, Houston, TX 77027
Requesting a 20' Front Yazd Setback variance where 30' is required, and a 5' East Side
Yazd Setback variance where 15' is required for this 37,673 square foot lot in the R-30
zone district for regrading and driveway improvements.
Property location: Western half of Lot 6, Pitkin Green Subdivision, AKA 926 Willoughby
Way, Aspen
98-27 R Scott Keller
Boa 36, Snowmass, CO 81654
Requesting a 30' Front Yard Setback variance where 30' feet is required for this 1.28 acre
pazcel in the RS-30 zone district, for the construction of a 6' high septic mound.
Property location: 1420 Snowmass Creek Road, Snowmass, CO
1999 Meeting Dates
PLEASE CONTACT THERESA ALBERS AT 920.5090, IF YOU ARE UNABLE TO ATTEND
THE MEETING.
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 County 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 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 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: Tuesday, December 1, 1998; 5:15 P.M.
LOCATION OF MEETING: BOCC Meeting Room, First Floor, Courthouse
506 E. Main St., Aspen, CO 81611
Games, Adolfo: Requesting a 121' Arterial Highway Setback variance where 20' is required from the
Highway 82 right-of--way, to allow For the temporary placement of a bird kennel, in the AFR-10 zone
district. '
(To be taken down by Oaober 31,1999)
Property location: 30875 Highway 82
Hines, Gerald D.: Requesting a variance fora 240 square foot increase in floor area where the
maximum floor area allowed, for this 2.35 acre lot in the R-30 zone district, is 11,615 square feet, for
the construction of a deck onto an existing residence.
Property location: 99 Shady Lane, Aspen
Crystal River Equity, Ltd., c/o Finger Interests, Ltd.: Requesting a 20' Front Yard Setback
variance where 30' is required, and a 5' East Side Yard Setback variance where 15' is required for this
37,673 square foot lot in the R-30 zone district for regrading and driveway improvements.
Property location: Western half of Lot 6, Pitkin Green Subdivision, AKA 926 Willoughby Way,
Aspen
Keller, R. Scott: Requesting a 30' front yard setback variance where 30' is required for this 1.28 acre
parcel in the RS-30 zone district, for the construction of a 6' high septic mound.
Property location: 1420 Snowmass Creek Road, Snowmass
Submitted to the Aspen Times on November 17, 1998
To Be Published in the Aspen Times on November 21, 1998
Pitkin County Account: 002.02
MINUTES
Pitkin County Board of Adjustment
September 1, 1998
Members Present: Bill Lukes, Chairman Rod Dyer
Alternates Present: Paul Rudnick Bob Throm
Members Absent: Ellie Brickham
Staff: Joanna Schaffner, Zoning Officer
George Lilly, Secretary
Theresa Albers prepared minutes
Lukes opened the meeting and introduced the Board.
Case #98-15. Pitkin County. 23715 Two Rivers Road
Mike Cooper
Lukes introduced the request fora 8' Front Yazd Setback Variance where 30' is required,
for this 2.559 acre lot in the AFR-10 zone district for the construction of a sunshade.
Schaffner stated that the sunshade was tabled from the previous meeting because of a lack
of building elevations. The original request had included a 26' Front Yazd Setback
Variance for the construction of a restroom. Gerry Pace, representing the town of Basalt,
was present. He submitted additional illustrations of the sunshade and requested an
amendment to his request to go from an 8' to a 17' Front Yazd Setback Variance so as to
avoid a gas line. The sunshade would be approximately 16 to 17 feet tall.
No members of the public were present.
Rudnick moved to approve the request fora 17' Front Yard Setback Variance where 30'
is required for the construction of a Sunshade in accordance with plans submitted due to
the topographic hazdship. Cooper seconded. Passed 5-0
Case # 98-21. Terri Hart. 123 S Little Texas Lane
Lukes introduced the request fora 20' Front Yard Setback Variance where 30' is required
and a 5' Rear Yard Setback Variance where 10' is required for this .56 acre lot in the
AFR-10 zone district, for construction of a single family residence.
Schaffner noted for the record that the original request of a 5' Front Yazd Setback
variance where 30' is required and a 5' Side Yard Setback Variance where 10' is required
was incorrect and amendments were made to the file.
Schaffner referenced how Little Texas Subdivision lots are bisected by a road. The long
lot lines aze the front and rear yards based on the access side of the property. The
applicant requests a 10' Front Yard Setback variance but because of an external staircase
on the east side of the house a 5' variance was requested for a Reaz Yazd Setback.
Lukes questioned the 5' Rear Yard Setback variance stating that if this new 54' wide
house would have been built to fit within a usable building envelop this variance would not
be required. There is no life safety issue here because a deck does extend off the kitchen.
Kim Raymond, representative, was present.
No other members of the public were present.
Lukes moved to grant a 20' Front Yard Setback Varianace where 30' is required in
accordance with the plans submitted, due to the preexisting access to the property, and to
deny the 5' Rear Yazd Setback Variance due to lack of hardship. Dyer seconded. Passed
5-0.
Case # 98-22. Bruce Dreher, 110 Ardmore Court. Lot 4 Ardmore Subdivision
Lukes introduced the request for an 8' North Side Yard Setback Variance where 10' is
required for this 13,000 squaze foot lot in the R15-A zone district, for construction of a
retaining wall.
Schaffner stated that the applicant was redtagged by the Building Department in the
beginning of August for starting work without a permit. She noted that the existing wall
was desperately needing repair. A variance is necessary because the existing wall is to be
extended and exceeds 30" in height within the setback.
Bruce Dreher, applicant, was present. Dreher described the existing wall explaining that
the original construction lacked tiebacks or deadmen to prevent collapse. He stated that he
had the wall engineered and rebuilt the wall properly so it would not collapse.
Lukes read into the record a letter from an adjacent property owner, Nick Lebby,
supporting the variance for the wall.
One member of the public was present, Gordon Macalpine, who is also a neighbor of the
applicant. He was present to see what Dreher's plans were for the wall. Macalpine agreed
with the work.
No other memebers of the public were present.
Dryer moved to approve the plan as submitted due to practical difficulties. Throm
seconded. Passed 5-0
Case # 98-23. Adolfo Games. 30875 Highway 82
Lukes introduced the request fora 121' Arterial Highway Setback Variance where 200' is
required from the Highway 82 right-of--way, to allow for the temporary placement of a
bird kennel.
Schaffner reported that the applicant requested that this case be tabled to the October 6,
1998 meeting.
Dyer moved to table the case. Throm seconded. Passed 5-0
There were no minutes to be reviewed by the Board.
Meeting adjourned.
Respectfully submitted,
1 r~~-~'l
Theresa AI ers, Secretary
/ ~
Date
/Approved as submitted
Approved with noted change(s)
Bi ukes~ hai~
Date
MINUTES
Pitkin County Board of Adjustment
October 6, 1998
Members Present: Bill Lukes, Chairman Rod Dyer Mike Cooper
Members Absent: Bob Throm Ellie Brickham Paul Rudnick
Staff: Joanna Schaffner, Zoning Officer
George Lilly, Secretary
Theresa Albers prepared minutes
Lukes opened the meeting and introduced the Board.
Case #98-23. Adolfo Games 30875 Highway 82
Lukes introduced the request fora 121' Arterial Highway Setback Variance where 200' is
required from the Highway 82 right-of--way, to allow for the temporary placement of a
bird kennel.
Schaffner stated that the applicant requested that this case be tabled until the November 3,
1998 meeting.
Lukes moved to table. Dyer seconded. Passed 3-0.
Case #98-24. Thomas Van Straaten 402E Lunine Drive
Lukes introduced the request fora 53' Arterial Highway Setback Variance where 100' is
required for this 18,787 square foot lot', for additions to a single family residence.
Schaffner stated that the house is in Mountain Valley Subdivision. It is an existing
residence and the request is for two (2) additions on the southeast side of the house
closest to the highway.
Three letters were read for the record from neighbors Andy Karuson, Alex P. Anderson
and the Mountain Valley Homeowners Association in support of the variance.
The applicant stated that his requests were in compliance with the Land Use Code and felt
the additions would enhance the neighborhood. The visibility of the additions from the
highway were considered. There are alot of trees blocking the highway view.
Richard Hagerman, an adjacent land owner, spoke in favor of the applicant's request.
~ i
No other members of the public were present.
Lukes moved to grant a 53' Arterial Highway Setback Variance in accordance with the
plans submitted due to downzoning. Dyer seconded. Passed 3-0.
Case #98-25 North Enterprises 1996 Trust Homestead Lot 12. Wildcat Ranch
Lukes introduced the request fora 5' Height Variance where 20' is allowed for this 500
acre parcel for construction of a barn/riding arena.
Schaffner stated that the applicant requested that this case be tabled until the November 3
meeting.
Lukes moved to table. Dyer seconded. Passed 3-0.
*******r*~***~***:*a~•s~***x***•~****~*t***r****s~~*****~***t****~*xs**
Minutes of June 2, July 7, August 4 were reviewed. Lukes questioned the August 4th
minutes, particulazly Case #98-17, Hedges. He wanted to verify a statement in the first
pazagraph regazding the retaining walls. It reads 30 feet and should be 30 inches.
Lukes moved to approve the minutes from June and July as presented and August with
changes as noted. Dyer seconded. Passed 3-0.
The Community Director, Cindy Houben, was present to inquire on the Board's use of
minutes. She wondered if the minutes could be transcribed only upon request. Board
members responded with their need for transcribed minutes. 1. Need for material to verify
Resolutions 2. Need for proof for any legal recourses that may occur. All needs were
taken into account. No final decision was made by the Director.
The revised "Conflict of Interest" Policy was discussed. The Board of Adjustment
members aze no longer identified as "policy makers" and are now exempted from the
policy.
Dyer moved to adjourn. Cooper seconded. Passed 3-0.
Respectfully submitted,
~~ ~~
Theresa Alb rs, Secretary
//~ 3.9
Date
/Approved as submitted
Approved with noted change(s)
Bi 1 Lukes, Chair
~{- NdV ~8
Date
MINUTES
Pitltin County Board of Adjustment
December 1, 1998
Members Present: Rod Dyer. Acting Chairperson Paul Rudnick
Bob Throm Ellie Brickham (present
during the Hines case only)
Members Absent: Bill Lukes, Chair
Michael Cooper
Staff: Joanna Schaffner, Zoning Officer Teasley Taylor, Secretary
Theresa A16ers prepazed minutes George Lilly, Secretary
Dyer opened the meeting and introduced the Boazd.
Case # 98-23, Adolfo Games. 30875 Higj~way 82
Dyer introduced the request fora 121' Arterial Highway Setback variance where 200' is
required from the Highway 82 right-of--way, to allow for the temporary placement of a
bird kennel.
Schaffner stated that the structure was cited for being constructed without a permit. This
development constitutes an expansion of anon-conforming use. The applicants
subsequently received conditional approval for this expansion from the Board of County
Commissioners, who required that the kennel be removed no later than October 31, 1999.
Representative and manager of the Gabriel Foundation, Howazd Gunther, addressed the
Boazd. The Foundation rescues and rehabilitates sick or injured birds. They house
different species of birds from all over the world. Public tours aze available. He stated
that the bird kennel was built without a permit but that he was informed that no permits
were required to build a bam in an agricultural district. The building is used to house
birds during the summer months, when the birds aze brought outside in the morning and
taken back inside in the afternoon. The structure is located in the middle of the pazking
lot. Gunther stated he would take the building down as required by the BOCC.
Dyer asked if Gunther has tried seeking other avenues to keep the structure standing? He
asked if it could be relocated? Gunther stated that they do not own the property. Julie
Murad, founder of the Gabriel Foundation, stated that they aze trying to find a permanent
location for the kennel.
There were no members of the public present.
Throm moved to grant a 121' Arterial Highway Setback variance as per plans submitted
due to downzoning. Rudnick seconded the motion. The motion passed 3-0, with
Brickham not present.
Cave #98-26 ~ystal River Eaui Ventures. Inc.. 926 Willoughby Way
Dyer introduced the request fora 20' Front Yazd Setback vaziance where 30' is required,
and a 5' East Side Yard Setback variance where 15' is required for this 37,673 square
foot lot in the R-30 zone district for regrading and driveway improvements.
Representatives, Julle Maple and Kim Weil, were present. Weil explained that the
existing driveway has a grade of 19%. The proposed driveway would have an 8% grade,
with a small retaining structure which will exceed 30 inches in height.
No members of the public were present.
Rudnick moved to approve a 20' Front Yazd Setback variance and a 5' East Side Yard
Setback variance in accordance with the plans submitted, not to exceed 48" in height over
the existing grade, due to a topographical hardship. Throm seconded the motion. The
motion passed 3-0, with Brickham not present.
Case #98-27 R Scott Keller, 1420 Snowmass Creek Road
Rudnick intrgduced the request fora 30' Front Yazd Setback variance where 30' is
required for this 1.28 acre pazcel in the RS-30 zone district, for the construction of a 6'
high septic mound.
Schaffner stated that the location of the property is across from the Gateway Subdivision
between Snowmass Creek Road and Snowmass Creek. The applicant needs to upgrade
their current septic system. Due to the close proximity of Snowmass Creek, a raised
system is required.
Representative, Bob Nelson, was present. He compazed a similar septic system, located
on the Rice property, to this proposed system. The septic mound is to be blended into the
existing road bed which is higher than the adjacent, subject site. A letter is noted to the
record from the County Engineer, Bud Eylar, stating that the County is not opposed to
issuing an encroachment permit for the berm to be located within the County right of
way.
No members of the public were present.
Throm moved to approve the 30' Front Yazd Setback variance, as per the plans
submitted, subject to clearing up any problems that may arise with the right-of--way
encroachment, due to a topographical hazdship. Rudnick seconded the motion. The
motion passed 3-0, with Brickham not present.
Case #98-25 Gerald D Hines 99 Shadv Lane -Delayed until the end of the meeting
when Brickham could be present. Rudnick stepped down due to a potential conflict of
interest.
Dyer introduced the request fora 240 squaze foot increase in floor area where the
maximum allowed is 11,615 squaze feet, for the construction of a deck onto an existing
residence, for this 2.35 acre pazcel in the R-30 zone district.
Schaffner pointed out that the property is located neaz the confluence of Hunter Creek
and the Roaring Fork River. She stated that the house is approximately 20 years old. The
calculation of Floor Area has changed since the house was constructed; previously
gazages were exempt from floor azea calculations, while today only 750 sq. fr. of garage
azea is exempt. The existing gazage contains approximately 2,000 sq. ft., 1,250 sq. ft. of
which now counts against the floor azea of the residence. The existing floor azea
presently exceeds the allowed floor azea for this pazcel.
Representative, Dave Gibson, was introduced to the Boazd. He explained that the concept
of the house was to embrace the two rivers and give space to a giant spruce tree. 'The
house was originally designed by nationally acclaimed azchitect, Chazles W. Moore,
FAIA, and included the deck. The deck was not constructed at the time, however, and
now is not pennitted due to the change in floor area calculation.
No members of the public were present.
Dyer moved to approve a 240 square foot increase in floor azea for the construction of a
deck onto an existing residence, as per plans submitted, due to downzoning. Brickham
seconded the motion. The motion passed 3-Q, with Rudnick absent.
For the record, two applications were without affidavits, 98-23 Games and 98-25 Hines.
Schaffner informed the Boazd that they were recognized by the Boazd of County
Commissioners at the holiday dinner last month, and presented with an awazd for
"Board of the Year" for having over 35 yeazs of combined Boazd of Adjustment
experience between the six members. The awazd will hang in the Commissioners
Meeting Room in the Courthouse.
Rudnick moved to adjourn. Brickham seconded the motion. The motion passed 3-0.
Meeting adjourned at 6:35 P.M.
Respectfully submitted,
~~
Secretary
Approved as submitted
~~~
C air
D to
2 I I~+"/ 1 I
Date
1820 L
•
COMMiJNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
Pitkin County
Land Use: /~0.~.~
172 Board 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
lgg 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 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
nTOTAL l~o~-
NAME: G a.~fi C~,I jv~wda~i ar/,
ADDRESS/PROJECT: ~O ~~'~~Z 7~/Z
PHONE: q~ -~l~
CHECK# ~~ ~ ~~~~
CASE/PERMIT#:p q~ ~~ # OF COPIE~SJ'.
DATE: /~-X0`9(1 INITIAL:
i iB~U •
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
Pitkin County
Land Use:
172 Board of Adjustment
159 County Land Use Code
173 Deposit
174 Flat Fee
162 Zoning and Sign
171 Public Notice
Referral Fees:
RB 115 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 Fve Marshal
Other Fees
155 Use Tax
165 Copy
Performance Deposit
185 Park Dedication
186 Housing Cash in Lieu
166 GIS Maps
RB 1 16 Road Impact Fees
TOTAL
NAME:
ADDRESS/PROJECT: ~ " ~ `~ _
PHONE: ~~
CHECK#f ~ r
CASE/PERMIT#: ~ # OF'
DATE: IN"