HomeMy WebLinkAboutpitkin.boa.98.26PITKIN COUNTY
BOARD OF ADNSTMENT
Application Form
DATE +~ ~v 9
CASE # I g ""a ~C+
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LOCATION OF PROPERTY ~?-(o ~/~~1~ Gay
Any pertinent data must accompany this application, and w' 1 be made part of this Case. The Board may return this
application if it does not contain all the facts in
Owner's or Representative's Si
(To be completed by the Zoning Department)
Provisions of the zoning resolution requiting the Zoning Official to forwazd this application to the Boazd of
Adjustment, and reasons for not granting a building permit:
Requesting:
'Front Yazd Setback Variance, where ~ is required.
' Reaz Yazd Setback Variance, where ' is required.
Side Yard Setback Variance, where ~,~ is required.
' _ Side Yazd Setback Variance, where ' is required.
'Height Variance, where ' is allowed.
_ Square Feet where a maximum of _ sq. ft. is allowed.
Other:
> O Zone District
3 173 ~ Lot Size
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Application filed 119 • ~ B Parcel ID o. ul 7 3 5 - 6/,3-B - ~
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Notices Mailed ~ Secretary -/-~G=-~l ~ 54 /~c-,-~
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NOTICE OF PUBLIC HEARING TO ADJACENT PROPERTY OWNERS
BEFORE THE PITI{IN COUNTY BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED
BELOW: Putsuant to Fitlan 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, particularty 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 derry the request for variance.
THE PARTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE ARE AS
FOLLOWS:
Date and time of meeting: December 1,1998; 5:15 P.M.
Location of Meeting: BOCC Meeting Room, Fitst Floor, Courthouse
506 E. Main St.
Aspen, CO $1611
Owner: Crystal River Equity Ventures, Ltd.
c% Finger Interests, Ltd.
Owner's Address: 520 Post Oak Blvd. Ste. 750
Houston, TX 77027
Property Location or
Description: Western half of Lot 6, Pitkin Green Subdivision
AKA 926 Willoughby Way, Aspen, CO
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.
VARLANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED.
Duration of Variance: Temporary Petmanent X
For inquires please contact Joanna Schaffner, Zoning Officer, Community Development
Department, 130 S. Galena St., Aspen (970) 920.5105.
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Order Number: 00023082
Leqal Description
The West one-half of Lot 6, Block 1, PITKIN GREEN SUBDIVISION,
described as follows:
Beginning at the most Northerly corner of Lot 6, Block 1, Pitkin
Green Subdivision; thence S 34 degrees 48' E 3.85 Peet along the
South Right of Way line of Willoughby Way; thence around a curve
to the left whose radius is 476.95 feet a distance of 106.27 feet
along the South Right of Way line; thence South 47 degrees 34' E
8.88 feet along the South Right of Way line of Willoughby Way;
thence South 35 degrees 00' W .340 feet to a point 10 feet
Northerly of the Denver and Rio Grande Western Railroads North
Right of Way line; thence Northwesterly along a line ten feet
Northerly of and parallel to the Railroads North Right of Way
line to the most Westerly corner of said Lot 6, Block 1; thence
North 39 degrees 31' E 295.43 feet to the POINT OF BEGINNING.
EXCEPT a tract of land 8.50 feet in width and being part of Lot 6,
Block 1, Pitkin Green Subdivision, which tract is more fully
described in Document recorded October 1, 1964 in Book 209 at
Page 298.
COUNTY OF PITKIN, STATE OF COLORADO
...
Crystal River Equity Ventures, Inc.
CIO Finger Interests, LTD.
520 Post Oak Blvd. Suite 750
Houston, TX 77027
November 3, 1998
Ms. Joanna Schaffner, Zoning Officer
Community Development Department
130 S. Galena Street
Aspen, Colorado 81611
Re: Board of Adjustment authorization to represent the applicant
Dear Ms. Schaffner,
Please consider this letter authorization for Mr. Kim Weil and/ or Julie Maple of Bill Poss
and Associates Architects to represent Crystal River Equity Ventures, Inc. in our
application for a Zoning Variance of site grading for the property at 926 Willoughby Way,
the West half of Lot 6, Block 1, in the Pitkin Green Subdivision. Mr. Weil and Ms. Maple
are hereby authorized to act on our behalf with respects to all matters reasonably
pertaining to the aforementioned application.
Sincerely,
Crystal River Equity Ventures, Inc.
Mr. Charles Israel, President
^ GREG MOZIAN AND ASSOCIATES, INC. ^.
Landscape Architecture Bnvironmental Planning
Memorandum
To: Julie Maple, Bill Poss & Associates, Inc.
From: Mr. Nick Soho
Date: October 1, 1998
RE: Fire fighting access
Finger Residence
Willoughby Way
Today we met with Mr. Ed Van Walraven, Fire Marshall, Aspen Fire Department
to review fire fighting access to the proposed Finger Residence. He recommended
that we increase the width of driveway access by 2 feet. We propose that grass
pavers be installed to accommodate the additional space needed for a fire truck.
Mr. Van Walraven approved the grass pavers stressing the importance of proper
installation. We plan to specify in our construction documents proper installation
of the grass pavers.
In addition, Mr. Van Walraven also noted that a 10% slope is quite steep and would
prefer to see an 8% slope if possible. In order to provide for an 8% slope, grading
of more than 30" is necessary outside the building envelope in the area between the
envelope and Willoughby Way. We would like to discuss further any consideration
to grant permission to build a driveway at 8% rather than 10% for fire safety. The
total amount of fill to provide an 8% slope would be approximately 48" over the
existing grades of the previous driveway.
^ 777 S. Spring Street, Ste. 2B Aspen, CO 87671 (970) 925-8963 ^
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COMM[TDTITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 816);x,
(970) 920-5090
Pitkin County
72 Land Use:
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1 Boar
of Adjustment
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159 County Land Use Code
173 Deposit
174 Flat Fee
162 Zoning and Slgn
169 Public Notice
Referral Fees:
RB115 Access Permit
179 County Clerk
193 County Engineer
194 Environmental Health
198 Housing
190 Land Management
196 Wildlife Otffcer
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 Sanitallon
152 AVFD Fire Marshal
Other Fees:
155 Use Tax
165 Copy
Performance Deposit
185 Park Dedication
186 Parking Cash in Lieu
166 GIS Maps
RB 116 Road Impact Fees
TOTAL ~'S7 _
1
NAME: ~C.~ ~7-'1-`~ T /~}.(~ ~.C"'C--
County of Pitkin } AFFIDAVTT 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, ~~L/~ f~~C~. .being or representing an Applicant
before the Pitkin County Board 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 nearest public way) and that
the said sign was posted and visible continuously from the Z 3~ day of i(~~~~~~-, 19 9~
to the ~ ~ day of ~~~!~~ . 19~~ (Must be posted for at least nine (9) full days
before the hearing date).
Subsc ' ed and sworn to bef a me this
day of y~ 1 by _
WITNESS MY HAND AND OFFICIAL SEAL. ~,
My Commission expires: _ _'''_""'"^' "=""`
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AGENDA/MEMO
PTITGN COUNTY BOARD OF ADJUSTMENT
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 be taken 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
squaze 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
a > >
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 Yazd 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 October 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
NIINUTES
Pitlcin 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 Tenley Taylor, Secretary
Theresa Albers prepared minutes George Lilly, Secretary
Dyer opened the meeting and introduced the Boazd.
Case # 98-23. Adolfo Games, ~oR7s Hig~y~
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 Boazd 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
Board. The Foundation rescues and rehabilitates sick or injured birds. They house
different species of birds from all over the world. Public tours are 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 barn in an agricultural district. The building is used to house
birds during the summer months, when the birds are brought outside in the morning and
taken back inside in the afrernoon. 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.
Case #98-26 Crystal River E~ui Ventures,„ 926 Willoughby WaX
Dyer introduced the request fora 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 squaze
foot lot in the R-30 zone district for regrading and driveway improvements.
Representatives, Julie Maple and Kim Weil, were present. Weil explained that the
existing driveway has a grade of 19%. The proposed driveway would have an 84% 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 vaziance and a S East Side Yazd
Setback vaziance in accordance with the plans submitted, not to exceed 48" in height over
the existing grade, due to a topographical hazdship. Throm seconded the motion. The
motion passed 3-0, with Brickham not present.
Case #98-27, R Scott Keller, 1420 Snowmass reek 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 Yard 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 Hinec, 99 Shady Ar,P _ 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 azea 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.
,-
whtch now counts against the floor area of the residence. The existing floor azea
presently exceeds the allowed floor azea for this parcel.
Schaffner pointed out that the property is located neaz the confluence of Hunter Creek
and the Roazing Fork River. She stated that the house is approximately 20 yeazs old. The
calculation of Floor Area has changed since the house was constructed; previously
gazages were exempt from floor area calculations, while today only 750 sq. ft. of gazage
azea is exempt. The existing gazage contains approximately 2,000 sq. fr., 1,250 sq. ft. of
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 permitted due to the change in floor azea 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 3-0, with Rudnick absent.
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For the record, two applications were without affidavits, 98-23 Games and 98-25 Hines.
SchafTrter 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
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COMM>(JNITY o E~Ih.OGP 1MEN S DEPARTMENT
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
169 Public Notice
- ,.. ~.
Referral Fees:
RB115 Access Permit
179 County Clerk
193
194 County Engineer
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 Parking Cash in Lieu
166 GIS Maps
RB116 Road Impact Fees I c 1,
TOTAL ,
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