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HomeMy WebLinkAboutpitkin.boa.13.04on RESOLUTION OF THE PITKIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING AN ARTERIAL HIGHWAY SETBACK VARIANCE FOR LOT 10, HOLLAND HILLS SUBDIVISION Resolution No. 04 -2013 WHEREAS, Erika Baker, owner of 28 Holland Hills Road, is requesting approval of a 50 foot Arterial Highway setback variance where 100 feet is required for this 1.13 acre lot in the AR -10 zone district, for the construction of a greenhouse; and WHEREAS, the property is more fully described as Lot 10, Holland Hills Subdivision; and WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by virtue of Section 2- 10 -30(d) of the Pitkin County Land Use Code; and, WHEREAS, based on the evidence presented, the Board of Adjustment makes the following findings: 1. Proper notice procedures, including the notification of all adjoining property owners, has been shown by the applicant. 2. The required hardship or practical difficulty has been established. 3. Granting such relief will not cause substantial detriment to the public welfare and will not substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment that a 50' Arterial Highway Setback variance be granted for the greenhouse shown on Exhibits A and B due to peculiar, practical difficulties. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: March 5, 2013 ATTEST: -=RA ._ J S- •: \ D. 1F� .o D. te • • • :•. • • Parcel ID# 246720101003 00000]. clr t� RECEPTION #: 597652, 03/13/2013 at 01:19:34 PM, 1 OF 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Wily 23T %Y OF R&MT �S '0 ELG—URIF 1i RIMQL, Note — there are 2 side purlins only on either the 221 or 26, model. There are only truss supports with no truss braces for the 221 wide model. zz- 4 tide 4 9 4 LGwo tz 4 -Fa-k` Version 12-1 C-4kb,,7 A e � i� h 1 � t I �IJ , �L 1 1 rx � Z n N I, l t 0003 s'ef 0 c x k} V O-+1I i , PJ F- Z r' F, f� F i Y 1� 'T 0 s, 3 i , I I r' F, f� i Y 1� 'T I I r' f� i Y 1� 'T V 3 r li> i i` x Q IL Qi, l� v` LIM MINUTES Pitkin County Board of Adjustment March 5, 2013 Present: Rick Head, Co -Chair Jamie Brewster - McLeod, Co -Chair Jim Rifkin, Member Seth Hmielowski, Alternate Absent: Bob Throm, Member Patrick McAllister, Member Staff: Joanna S. Schaffner, Zoning Officer and Acting Secretary Head opened the meeting at 5:30pm. MINUTES: Brewster- McLeod moved to approve the minutes from the February 8, 2013 meeting. Head seconded the motion and Brewster - McLeod, Rifkin and Head voted to approve. Hmielowski had not yet arrived at the meeting. 02 -2013 AML Investments IV Lot 1, George Family LLC Subdivision Aka 76 Placer Lane, Aspen Shane Evans and Fred Wilson, (Structural Associates) were present to represent the owner in a request for a 6" height variance for a fence constructed without a permit within the front yard setback. The lot contains 1.718 acres and is located in the R -30 zone district. Rifkin stated that Structural Associates was his builder on two homes. Brewster- McLeod also stated that she works with Structural Associates. Head asked if they believed that they could deliberate without prejudice. They both stated "yes ". The Affidavit of Posting was submitted. There were no members of the public present to comment on this application. Hmielowski arrived at approximately 5:32. Evans and Wilson showed the Board a survey, site plan, photos, and height analysis of the existing fence. The fence as constructed was measured from the curb, not the existing grade. The maximum height above the allowed 6 feet is 6 inches. The neighbor to the East, Mr. West, has requested of the applicant that changes be made to the fence to mitigate its height. Evans and Wilson showed the Board a revised fence based on the comments from West, and presented his approval in writing on the plan. 000nna �„ dr Rifkin asked if there were any other objections. Schaffner said "no'. Brewster - McLeod said that it was helpful that West signed off on the fence and that the applicant made an attempt to lower the fence before appearing before the Board. Rifkin moved to approve the request based on topographic hardships. Brewster - McLeod seconded the motion and all voted in favor. 03 -2013 Mountain Rescue Charitable Trust 31925 Highway 82, Aspen Patrick Rawley (Stan Clausen Associates, Inc), Charles Cunniffe and Brian Heffner (Charles Cunniffe Architects) were present to represent the owners in a request for a 118 foot Arterial Highway setback variance where 200 feet is required in the PI zone district for the construction of a new rescue facility. The parcel contains 1 acre. The Affidavit of Posting was submitted The applicant has been cited by the Building Department to Stop Work on demolition without a permit. The County Attorney's Office has offered language in the event the Board wishes to grant approval of this request. Brewster- McLeod read the email from Assistant County Attorney, Chris Seldin into the record: "The Board of Adjustment finds and concludes that the applicant has sufficiently satisfied the standards and other criteria necessary for approval of the requested variance. The Board authorizes issuance of the variance approval, however, only once the Community Development Director or her designee certifies that the applicant has resolved the existing Notice of Violation affecting the property." Raw ley presented the Board with a survey, site plans, and photos of the proposed structure situated on the site. He stated that the property is not as deep as the setback requires. He explained that the violation is expected to be resolved within a few days. The hardship is shallowness of the site. The proposed structure is in the same location as the existing structure and will maintain the same setback. Cunniffe added that the porch section of the building has been designed to mimic the existing Mountain Rescue cabin Also, the highway entrance will be closed off and access will be taken from Aspen Road. Head commented that this site was a good location for the Use. Jeff Ellison commented that he met with the surrounding property owners, and all were supportive. Cavenaugh and Blanca O'Leary were present to support the application. Ms. O'Leary stated that she is "just a citizen" but that she favors the proposal because it is in a good location and it improves public safety. Brewster - McLeod asked how long Mountain Rescue intended to be located on this site. Mr. O'Leary commented that the property is owned by a Trust. Mountain Rescue has a �0G1105 0M w/ 100 year lease agreement with the Trust, therefore, they cannot sell the property for 100 years. Brewster- McLeod moved to approve the request conditioned on clearing the violation per Seldin's proposed language, due to downzoning. Hmielowski seconded the motion and all voted in favor. 04 -2013 Baker, Erika 28 Holland Hills Road, Basalt Aka Lot 10, Holland Hills Subdivision Cody Baker was present representing the owner in a request for a 50 foot Arterial Highway Setback variance where 100 feet is required on this 1.13 acre lot in the AR -10 zone district to construct a greenhouse. The Affidavit of Posting was submitted. There were no members of the public present to comment on this application. Baker explained that the lot is adjacent to Highway 82 and that the whole back yard is in the required 100 foot setback. He wishes to construct a 22' x 48' temporary structure, 12' high, with no foundation. He stated that adjacent property owners are supportive, but offered the Board nothing in writing. He finished by saying that the structure won't be seen from Highway 82 because it's proposed behind the highest portion of a berm and fence on the berm (previously approved by the Board), behind 25' tall pine trees. Rifkin asked if the greenhouse would be used commercially. Baker responded, "no ", that he was a recent graduate of horticultural sciences and wished to produce food for his family all year. Brewster- McLeod moved to approve the request due to peculiar practical difficulties. Hmielowski seconded the motion and all voted in favor. There being no further business before the Board, Brewster- McLeod moved to adjourn the meeting. Hmielowski seconded the motion and all voted in favor. Respectfully Submitted, L, oanna S. Sdh4ffner Date ' Zoning Officer 000006 Ap Rick Head Date Co- Chair, Board of Adjustment PITKIN COUNTY BOARD OF ADJUSTMENT Application Form REPRESENTATIVE Q!-J PHONE E -MAIL n �T0.in(JO CO'! n FAX MAILING ADDRESS Z% % lAnl .xxA Wls k l Qas o� stbZ l PARCEL OWNER F r* u0. c- PHONE -1 -20 -*:nQ - l.sS-? MAILING ADDRESS LEGAL DESCRIPTION LQT 4LQ t6L,4\A Ai l$ 5 "l -lucc con SUBJECT PARCEL ADDRESS V6 � Aan F tsh ?14k (_ SGA o e0�8CiaZl PARCEL ID # Z q6a'? Z-0 L L D a 3 ZONE DISTRICT LOT SIZE < < <3 Q -CCe.S (To be completed by Zoning staff) Meeting Date: �! �J� -G� °2� ( 3 Case # J: / - -203 Request: foot Front yard setback variance, where _ feet is required. foot Rear yard setback variance, where _ feet is required. foot _ Side yard setback variance, where _ feet is required. foot _ Side yard setback variance, where _ feet is required. foot Height variance, where _ is allowed. p G ICJ foot Arterial Highway setback variance, wherefeet is required. foot Major Road setback variance, where 100 feet is required. foot Collector Street setback variance, where 50 feet is required. Comments: Application material was referred to: Y Zoning Officer: 00000 I- Memorandum To: Pitkin County Board of Adjustment Fr: Cody Baker Re: Greenhouse My house is located at 28 Holland Hills and backs to Highway 82. 1 am seeking a setback variance in order to enclose my existing garden in a greenhouse. The property is 1.13 acres and is long and narrow with the majority of the rear property located within 100' of the highway. This variance is necessary in order to place the greenhouse in the backyard. The placement, over the existing garden, will not have a visual impact or cause any substantial detriment to my neighbors. Large evergreen trees surround the property. The greenhouse will not be visible from the highway as the current fence and foliage shield the view. Thank you for your approval. Sincerely, Cody aker 50 0 SO 00 ONIGINAL SCALE: I' = 50' HOLLAND HILLS AT BASALT UTILITY EASEMENTS EXTEND 7.5 FEET ON EITHER SIDE OF ALL INTERIOR LOT LINES, 15 FEET INSIDE THE EXTERIOR BOUNDARY. AND 15 FEET EXTERIOR TO ALL ROADS. ACCESS EASEMENT 4n LOT 8 I LOT 13 YYO ENGE0.ING AND HAN ENGERING - - - LOT 8 HOLLAND 1111-1S At BASALT SILL. 1! S 20 E -13.E 15 -41 rP.O.B. 1 543'17'51 "E 225.90' 1275 PE -428 i t i s SEC. 20 T. 8 S., R. 8E PITKIN COUNT LINE TABLE LINE BEARING DISTANCE LINE G DISTANCE LINE BEARING DIST, L -106 546.42'08 'W 10.00' L -117 10'E 27.08' 1 -131 N37'11'39'W 32 L -10T 587'52'17 "W 13.29' L -118 9 -E 18.65' L -132 S85.50'04'E 48 L -109 543'18'42 'E 144.89' L -119 04'W bN46'42'08'E 85.00' L -13 543.18'42'E 196 L -110 N8550 '04 "W 51.87' L -12 18 'W 32.65' L -134 N37.11'39'E 128 L -111 N37.11'39 'W 45.45' L -121 08 "W 10.00' L -149 N11'02'21'W 10 L -112 N17'08'10 "W 68.50' L -122 O8'E 10.00' L -151 N37.11'39'W 134 L -113 S17'O8'10 E 41.41 ' L -123 08'W 10.00' L -153 S85.50'04'E 33 L -114 507.52'17 "W 72.71' L -129 S40'01'50'W 10.07' L -154 S37.1139'E 8 L -115 N12'04'30'W 21.97' L -125 N43.17'51' 109.99' 121.40 L -116 N87.52'17 "E 53.16' L -12 N40.01'50'E 41.08' 423 1-- I I ACCESS EASEMENT +. - -- - L - '� LOT 12 i LOT 10 PE -430 EDWARD ALDEN I STO ERIKA W. BAKER AND RICHARDS JR. I JR1 WILLIAM H. BAKER pT 12 HOLLAND HILL LAND LOT 10 HOLLAND HILLS At AT BASALT SEC. 201 ASALT BASALT SEC. 2D STATION E -13 SEC. 20 of E -13 OFFSET 10 E- 13.E -15 P.0.6. -34 543'1751 'E 250.00_' PE -429 �I 60.04' 543.17'51 'E 120 -00' E -430 1 S43'17'51rE 108.82'1 I PE 431 t ni L 714 \ L ______ - ___, .,- 1286 +74.14 �� L -124 �:. - 1:43'17 51'W - - -- _ _ _ -- -- 421 1 =149 - _ '_77_51- " -51 - -. __ _ _. �14N07- S1�W -_1 -125- " - -- 250.00' 00 - -_ -__ - .1- -�_ - - - -�- S43.18'05 "E �- 3�Q _ _ _ -- -. - -- 543' -I"2'E - -- - - - -- -- - 1240:94' - - - -ES: H. -82 - - --- - - EXISTING R.D.W. - - - - ._ - _ N43.18'427w7 TE -426 OFFSET TABLE 1231'08' ® STATION OFFSET A�tO STATION OFFSET 10 1276+55.39 60.04' LT. 40 1286 +74.14 122.32' RT. N 1277+45.39 60.04' LT. 41 1287 +22 -05 67.62' RT. 712 1281 +15.39 60.01' LT. ®4 1286 +76.14 59.33' RT. 713 1282 +24.22 60.01' LT. © 1287+64.07 61.58' RT. 714 1279 +95.39 60.02' LT. © 1287+0;.21 139.00' RT. lI5 1282 +19.45 100.81' LT. ®8 1287+66.96 106.95' RT. 2 1289 +28 11 99.16' FIT. ®8 1289+C1.07 121.40 FIT. ®2 1287+46.35 79.58' RT. ®0 1286 +76.14 59.33' RT. ®3 1286+84.89 49.33' RT. I&D 1274 +29.50 60.06' LT. 1287+91.55 84.45' RT. (&1 1285+05.80 117.38' RT. ©3 1287+67.55 81.87' RT. 2107 1288 +29.79 49.41' RT. ®3 1287+99.99 85.36' RT. 4001 1281 +1�`. 39 50.01' LT. C3D 1286 +49.86 89 -33' RT. (460Z 1279+95.39 50.01' LT. (no 1284 +11.29 161.80' RT. V203L 1277+45.39 50.03' LT. 39 1285r24.S9 188.77' RT. � R F O Etli.ilfi9 0 LEUVV, CATHER i MK C F_ 1`1 T F N � I T A l !� G l T, ti r r 15 L.'� 10 S RES ,, �ry 12 -_ OF w 1,; 14 oonnin .7 16 7v r' �■�71 k 1 'I J i P J� n <N h' Z i� i � I i N ,i o -+I l i I' 1 f]I( 1 I� I i 1 , � . { V p I{ I 4� i NZ I b t � � o s. i I' 1 f]I( 1 I� I r f (S� N I 5 p^ ; i 1� 17 m �i i X I I Q 1 4 i 1 , � � p i r f (S� N I 5 p^ ; i 1� 17 m �i i X I I Q 1 4 h Y 1 big. - V i Y Q i � Q Y K ^c� V ' c-� U 1 i� \c `!l K V C: G Note —there are 2 side purlins only on either the 22' or26' model. There areonly truss supports with no truss braces for the 22' wide model. OOtii1i1I Version 12 -1 6E ',.= PUBLIC NOTICE RE: Arterial Highway Variance for Lot 10, Holland Hills Subdivision Aka 28 Holland Hills Road, Basalt NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 5, 2013, to begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the Commissioner's Meeting Room in the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Board of Adjustment, to consider an application submitted by Erika Baker, 28 Holland Hills Road, Basalt, CO 81621, requesting a 50 foot Arterial Highway Setback variance where 100 feet is required on this 1.13 acre parcel in the AR -10 zone district for the construction of a greenhouse. The State Parcel Identification Number for this property is 246720101003. For further information contact Joanna Schaffner at the Pitkin Community Development Department, (970) 920 -5105. Pitkin County Board of Adjustment Published in The Aspen Times on February 21, 2013 Pitkin County Account No. 002.02 O'3C,i 1 4 AFFIDAVIT OF N °& County of Pitkin } • MAILING PURSUA TO } ss. PITKIlK COUNTY LAND USE State of Colorado } CODE SECTION 2 -20 -200 InriS C� uc�� e—r , being or representing an I> person certify that I have complied with the Applicant to the Pitkin County Development Permit, p Y I and Use Regulations in public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County the following manner: 2. By mailing of notice, a copy of which is attached hereto, by first- class, postage prepaid U.S. Mail at Q to all owners of property within 300 feet of the subject least 7 days prior to the public hearing 2003 (which is _I days property, as indicated on the attached list, on the day of prior to the public hearing date of N—s-fil)• The names and addresses o the properties within 300 feet of the subject site shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) sip the a oo of 2003 which is at least fifteen (1 S) days prior to the public hearing. A photograph of the poste sign is attached hereto. cistC) A'a Q� Applicant's name (Attach photograph here) Signed before me this_,Zdday of _v , 201-1 by WITNESS MY HAND AND My commigio 5e7_, s SignatV9, 1 Vovv n NA,tl VGRONICA�'A 5 NOTARY PUBLIC STATE OF COLORADO MY COMMWIM EXPIM5 0112112W 'ArAft 000111.5 AGENDA PITKIN COUNTY BOARD OF ADJUSTMENT March 5, 2013 NEW BUSINESS: 02 -2013 AML Investments IV 76 Placer Lane, Aspen Aka Lot 1, George Family LLC S/D Requesting a 6" height variance where 6 feet is the maximum height allowed for fencing within required yard setbacks. The fence was constructed over the allowed 6 feet without a permit. Approval of this variance request will allow a permit for the fence to be issued. At a height of 6 feet or less, a permit is not required. 03 -2013 Mountain Rescue Charitable Trust 31925 Highway 82, Aspen Requesting a 118 foot Arterial Highway setback variance where 200 feet is required on this 1 acre lot in the P -I zone district. The lot is currently zoned AR -10 which requires a 100 foot Arterial Highway setback. The applicant has an application pending to rezone the lot from AR -10 to P -1 (public institution) and wishes this application to be reviewed under the P -I zoning. 04 -2013 Baker, Erika 28 Holland Hills Road, Basalt Aka Lot 10, Holland Hills Subdivision Requesting a 50 foot Arterial Highway setback variance where 100' is required on this 1.13 acre lot in the AR -10 zone district to construct a greenhouse. In 2006, the Arterial Highway setback (measured from the Highway right -of -way) along this stretch of Highway 82 was changed from 200 feet to 100 feet. MINUTES: Minutes from the February 5, 2013 meeting. PLEASE Let me know your plans for attending the meeting. Joamia 920 -5105 or joannas @co.pitkin.co.us 0onni 8 Name: Project Address: Type: Permit Number 0004.2013. PBOA PITKIN CC 1NTY COMMUNITY DEVELG....14ENT Permit Receipt RECEIPT NUMBER 00033609 Christopher Baker Date:2/7/2013 28 HOLLAND HILLS RD check # A GGG017 Fee Description PP- Board of Adjustment Fee Total: Amount 648.00 648.00