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Home My WebLink Aboutpitkin.boa.98.32 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 betaken 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 azena, 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 CONFII2M IF YOU WILL ATTEND THE MEETING. NOTICE OF PUBLIC HEARING BEFORE THE PITKIN COUNTY BOARD OF ADJUSTbIENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING VARIANCE DESCRIBED BELOW: Pursuan[ to Pitkin County Zoning Resolution of Tune 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 Counry 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 [he opinions of surrounding property owners and others affected in deciding whether to gran[ or deny the request for variance. A VARIANCE GREATER THAN OR LESS THAN THAT REQUESTED COULD BE GRANTED. DATE ?uND TIME OF IDIEETING: Tuesday, October 6 , 1993; 5:15 P.M. LOCATION OF MEETING: Sister Cities Meeting Room, City Hall 130 S. Galena Street, Aspen, CO Straaten, Thomas van: Requesting a 53' Arterial Highway Setback Variance, where 100' is required from the Highway 82 right-of-way, for the construction of additions to an e:dsting single family residence. Property location: Lot 40, Filing 1, Mountain Valley Subdivision, AKA 402 E. Lupine Drive. North Enterprises 1996 Trust: Requesting a 5' Height Variance where 20' is allowed for construction of a barn riding arena. Property location: Homestead Lot 12, Wildcat Ranch. AKA 3500 Snowmass Creek Road. Submitted to the Aspen Times on September 22, 1998. To Be Published in the Aspen Times on September 26, 1998. Pitkin County Account: 002.02 .. • 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 Lupine 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. 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 azena. 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. ***~**s~~***rs**~x*********rr*~^***~*:~**~*r~*:*~~****r*****r***~****** Minutes of June 2, July 7, August 4 were reviewed. Lukes questioned the August 4th minutes, particularly Case #98-17, Hedges. He wanted to verify a statement in the first paragraph regarding 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 are no longer identified as "policy makers" and aze now exempted from the policy. Dyer moved to adjourn. Cooper seconded. Passed 3-0. Respectfully submitted, ~_I /CPi1~Pl ~--~LJ, ~FG~ Theresa AlbJrs, Secretary 13.9 Date /Approved as submitted Approved with noted change(s) B~ 1Lair ~- Nov ~8 Date 1660 ~ 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: 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 Enemy 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 /~ I~S~ _~~ NAME: ~ Q» gL/[yi'l,Qf~.n a~jJ~(~'.' ADDRESS/PROD CT: ~3~y~^ E PHONE: ~~,~ ~ ~~ti,~ CHECK# CASE/PERMI #: # OF COPIES: c_~ DATE: -INITIAL: T ,... .., ,. . :v'l::'. t~'s~ubt ~.: r:~ DATE September 14, 1998 PITKIN COUNTY BOARD OF ADNSTMENT Application Form Sri 1 5 1998 d ~ ~~„V tY ~'~ C ~ ,~°'r.FENT CASE # vl REPRESENTATIVE Gideon I. Kaufman PHONE 925-8166 MAILING ADDRESS 315 East Hyman Ave., 11305, Aspen, Colorado 81611 OWNER North Enterprises 1996 Trust PHONE 925-8166 MAILING ADDRESS c/o Gideon I. Kaufman, 315 East Hyman Ave., ;1305, Aspen, CO 81611 LOCATION OF PROPERTY Homestead Lot 12, Wildcat Ranch Exemption Plat Any pertinent data must accompany this application, application if it does not contain all the facts in questic Owner's or Representative's be ~ e part of this Case. The Board may return this Department) Provisions of the caning resolution requiring the Zoning Official to forwazd this application to the Board of Adjustment, and reasons for not granting a building permit: ~5 -1 f~ C> Zone District Requesting: S[;O t Lot Size ' Front Yazd Setback Variance, where ' is required. ' Reaz Yazd Setback Variance, where ' is required. ' _ Side Yazd Setback Variance, where ' is required. ' _ Side Yazd Setback Variance, where ' is required. ~ 'Height Variance, where ~' is allowed. Squaze Feet where a maximum of _ sq. ft. is allowed. Other: Zoning Official A-t~l ~~~r.. Application filed ~ -1 N ~ ~1 ~ Pareel ID N . 0"2 (04'> 3 ~/ I - /Q ~ 07t ~ Date of Meeting 7 n ~ (o ~ `/ S( _ Notices Mailed q•a~.~~ Secretary u,~-~~c~. ~J-jl~~.~ BEFORE THE PITKIN 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 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. THE PARTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE AREAS FOLLOWS: Date and time of meeting: Location of meeting: Owner: Owner's Address: Property Location or Description: October 6,1998 at 5:15 Aspen City Ha11,130 S. Galena St., Aspen The North Enterprises 1996 Trust c/o Gideon I. Kaufman 315 East Hyman Av., #305 Aspen, CO 8500 Snowmass Creek Road Homestead Lot 12, Wildcat Ranch Requesting approval for a 5' Height Variance where 20' is allowed for the construction of a barn riding arena. If granted, the midpoint of the barn arena roof will be 25' high. VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED. Duration of Variance: Temporary Permanent X ~dar, F, 1999 4:27PM 9ROONE 4. PExERSON c]o¢on ]. RAUFnwN• HTL S. UU:HLEN~ t)V<COUMSEL• ERIN L. FERNANOET"' naaiuwmeu~r~++~e Yb0 ~,nnwiopi - ,uswewr,m w nniv VIA FACSIMILE 7'RANSHISSION 315 EAST NY61AN AYENYi, SPITE 305 ASPEN, COL6RAIX1 51611 March 5, 1999 Pitkin County Board of Adjustment c/e MS, Joanna Schaffner 130 South Dalena Street Aspen, Colorado 81611 No, 2447 P, 2/2 TELEPHONE (970) 9256166 PALSI6INE (970] 92&1090 Re: Variance Request for Homestead Lot 12, Wildcat Ranch Exemption Plat, according to the Amended Plat thereof recorded March 10, 1993, in Plat Book 31 at Page 1 near Board oi° Adjustment: On behalf of my client, North Enterprises 1996 Trust, I write this letter to formally withdraw the above-referenced variance application from consideration by the Board of Adjustment. If you have any questionp, please do not hesitate to call. Sincerely, z.nw o~zcES or KAUFMAI~T & PETERSON, P.C- ICAiJFMAN ~ PETfiRSODi, P . C . A ProfeEy~ional Corporation G' By ~ Gideon Rau man 6R/bYr .-~ BROOKE A. PETERSON LA~7 OBPICES OF GIDEON I. KAUFMAN• TELEPHONE HAL 5. DISHLER•• KAUFMAN & PETERSON, P.Ci. (970) 925~B166 OF COUNSEL: ERIN L. FERNANDEZ'** 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 • AL50 ADMITTED IN MARYlANO •• ALSO ADMITTED IX TFMAS ••• ALSD ADMITTED IN FL01110A September 14, 1998 Pitkin County Board of Adjustment c/o Ms. Joanna Schaffner 130 South Galena Street Aspen, Colorado 81611 FACSIMILE (970) 925-1090 Re: Variance Request for Homestead Lot 12, Wildcat Ranch Exemption Plat, according to the Amended Plat thereof recorded March 10, 1993, in Plat Book 31 at Page 1 Dear Board of Adjustment: Please consider this letter an application for a height variance for a barn/riding arena on Homestead Lot 12, Wildcat Ranch. Under previous Pitkin County Land Use Code interpretations, the height of the proposed structure was permitted to reach twenty-five feet (25'). This is the height of most of the classic barns in Pitkin County. This property is located in the RS-160 zone which lists agricultural as its primary use; however, because of ambiguity in the Code, the staff interpretation at this time is that barns must be treated as accessory structures, even if they are located in agricultural zones, and therefore, they are limited in height to twenty feet (20') A maximum height of twenty feet (20') causes hardships for the creation of most barns, but has a unique hardship for this particular building. When the building envelope was approved specifically for the barn/riding arena construction, the envelope was limited in size and location, to exclude construction on slopes of fifteen percent (15~) or greater. After the barn and riding arena was designed and ordered, additional soil tests were performed which revealed that the high water table within the building envelope would result in the barn being constructed with the water table well above the foundation footings. Because of the limitations imposed within this building envelope, the barn cannot be moved to avoid the water table problem unique to this site. In order to solve the problem, the entire structure needs to be lifted above the water table, which we calculate to be approximately five feet (5'). The actual height of the structure will remain at twenty feet (20'). In addition to this site specific problem, .-. Pitkin County Board of Adjustment September 14, 1998 Page 2 to properly excavate for the proposed structure, the engineers recommend an angle of repose of 2 to 1. To attain this angle within the development activity envelope, the structure, again, would need to be lifted five feet (5'), and therefore requires a five foot (5') height variance. We believe the problem is unique to this approved building envelope. In addition, the Code interpretation is really not applicable for agricultural buildings in agricultural zones. Also enclosed please find a check for $150.00 for the application fee, and nine (9) copies of this variance request, authorization for me to submit the application, certification of ownership, copies of the legal description, survey, floor plan and elevation, vicinity map, and a list of all adjacent property owners with pre-addressed envelopes. We will be posting the property and presenting an affidavit of posting to you. I look forward to discussing this matter with you at your October meeting. Sincerely, KAUFMAN & PETERSON, P.C. A Pro~e~ional Corporation By on xaurman GK/bw Enclosures Sop. 9.1998 2,09PM „~ AUTSORIZATTON TO VARIANCE APPLICATIO] No, 7420 P, 2/2 THE UNDERSIGNED, as the record title owner of the property described as Homestead Lot 12, Wildcat Ranch Exemption Plat, according to the Amended Plat thereof recorded March 10, 1993, in Plat Book 31 at Page 1, hereby authorizes Gideon Kaufman, Esq., of Kaufman & Peterson, 315 E. Hyman, Aspen, CO 81611, to submit an application for a variance, and anything appurtenant thereto, to the Pitkin County Board of Adjustment. DATED this ~{-day of September, 1998. TFIE NORTH ENT PRI 199 TRUST By Mic ael S. Dr er, rus ee .-. ADJACENT OWNERS LIST Robert Throm 8998 Snowmass Creek Road Snowmass, CO 81654 Connie Harvey 421 AABC Aspen, CO 81611 Department of the Interior Bureau of Land Management Glenwood Springs Resource Area 50629 US Hwy 6 and 24 Glenwood Springs, CO 81601 Patrick Henry 7852 Snowmass Creek Road Snowmass, CO 81654 BROOKE A. PETERSON LAW OFFICES OF GIDEON I. KAUFMAN• n TELEPHONE HAL S. DISHLER** KAUPMAN & PETERSON, P.\i. (970) 925-8166 OF COUNSEL: ERIN L. FERNANDEZ••• • ALfO ADMITTED IN MARYLAND `• AL30 ADMITTED IN TEYAf •^ AL30 ADMITTED IN iLORIDA 315 EAST HVMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 September 14, 1998 Ms. Joanna Schaffner Pitkin County Board of Adjustment 130 South Galena Street Aspen, Colorado 81611 FACSIMILE (970) 925-1090 Re: Homestead Lot 12, Wildcat Ranch Exemption Plat, according to the Amended Plat thereof recorded March 10, 1993, in Plat Book 31 at Page 1 Dear Joanna: I write this letter to confirm and certify that the record title owner of the above-described property is Michael S. Dreyer, Trustee of the North Enterprises 1996 Trust. If you have any questions, please feel free to contact me. Sincerely, KAUFMAN & ETERSON, P.C. 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COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 Pitkin County Lend Uae: 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 Permi[ 150 Plan Check 110 Plumbing Permi[ 130 Reinspection 151 Aspen Sanitation 152 AVFD Fire Marshal Other Feea: 155 Use Tax 165 Copy ' Performance Deposit 185 Pazk Dedication 186 Housing Cash in Lieu 166 GIS Maps RB116 Road Impact Fees TOTAL NAME:~~~ ADDRESS/PROJ})iCT: ~~i/,~`i PHONE: ~ri[.fi- ZS[ h~E~ CHECK# `~g~~ CASE/PERMI #: # OF COPIES DATE: INITIAL: r 3 .~ ~^ ~! _- ~,, ; . .,. 11 t ~;t` ,1~ ! 1 ~~ `~ _. ;: , ; 1 ; ~, ~:_ -----~ x ~~ ~ ;.: ~ o .. .~ ~., _~ ~ `-. s -~-- 'I -wsr~~ I t ,~_~ ~ ~ i I i I ~',4t 'i '14y, ~~. i'~~ ~ }~ ~~:1' - ., ` ~ .~:i ~I ~ ----~ ~ .~ ~Z vl ~ ~' F~ ~~ .~ i 6O -t, i ,{4--~---- 4~ ~~ ' ;r 1'~ ~ T ~~~ -; _ ,, ,' ~ :, _~ ~+ " ~: ,~ /r _ `' 1' ~ '! ~ ., r ~~ ~' ~ ~ - ~ ~ ~' ~~ _~ .~ r~r ~ ,! _~~_ ~ `'' ~~ _.__ ... ~ ..fig; E,~'-~ e .. ~ jl~i X11-~-, r:- '~ . _. %1, 'I~ j*1~:~i ~asa.r..~ 4}`~ t ! i I, ,1 is ~., ~ it ~ i ;~; i 1! 1l i~ ~;,' 1~'' ~'!1 ,,.!, ,, , ,,.. ; `~~ ~:~ a~ ~~~ _ ~i - #-~ -~ ~:; _____ t Z F ,~ Z ~1 ~ ~ F J~ J ep,i d..