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HomeMy WebLinkAboutpitkin.boa.97.16 PITKIN COUNTY BOARD OF ADJUSTMENT Application Form LOC^ ONOFPROPERT\ 1(3l Any pertinent data must accompany this application, and will be made part of this Case. The Board may return this application if it does not contain all the facts in qulstion. Owner's or Representative's Signature ~X~¢'''/ ~--~4 (To be completed by the Zoning Department) Provisions of the zoning resolution requiting the Zoning Official to forward this application to the Board of Adjustment, and reasons for not granting a building permit: AW fL-i o Zone District Requesting: Lot Size __' Front Yard Setback Variance, where ' is required. __' Rear Yard Setback Variance, where __' is required. Side Yard Setback Variance, where ' is required. __' Side Yard Setback Variance, where ' is required. __' Height Variance, where ' is allowed. Square Feet where a maximum of sq. ft. is allowed. Other: '.; :? -:.' Zoning Official Application filed ~; - Parcel IDN~. Date of Meeting - ] :..[ - '/~ ,' Notices M~led ~" ? Secret~ NOTICE OF PUBLIC HEARING TO ADJACENT PROPERTY OWNERS 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 o£June 5, 1995, as amended, a Public Hearing will be held to consider an application flied 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 ARE AS FOLLOWS: Date and time of meeting: July 1, 1997 at 5:15 p.m. Location of meeting: Sister Cities Meeting Room, City Hall 130 S. Galena, Aspen Owner: Boyd, Constance A. Owner's Address: 1679 Maroon Creek Road Aspen, CO 81611 Property Location or Description: 1679 Maroon Creek Road Requesting approval for a 74' Major Road Setback Variance, where 100' is required from the Maroon Creek Road right-of-way, a 30' Front Yard Variance, where 30' is required for a 21,344 square foot lot in the AFR-10 zone district, for construction ora single family residence and detached garage. VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED. Duration of Variance: Temporary Permanent X NOTICE OF PUBLIC HEARING TO ADJACENT PROPERTY OWNERS 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 ARE AS FOLLOWS: Date and time of meeting: June 3, 1997 at 5:15 p.m. Location of meeting: Sister Cities Meeting Room, City Hall 130 S. Galena, Aspen Owner: Boyd, Constance A. Owner's Address: 1679 Maroon Creek Road Aspen, CO 81611 Property Location or Description: 1679 Maroon Creek Road Requesting approval for a 74' Major Road Setback Variance, where 100' is required from the Maroon Creek Road right-of-way, a 30' Front Yard Variance, where 30' if required, and a 9.5' Height Variance, where 28' is allowed, for construction of a single family residence. VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED. Duration of Variance: Temporary Permanent X CURTIS ' ASSOCIATES June 3, 1997 l~itkin County Board ol' Adjustment C/O Joanna Schatther Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Withdrawal of Application Constance Boyd Property (aka Urschel Property - Parcel ()ne) 1819 Maroon Creek Road, Pitkin County, Colorado Dear Board of Adjustment: On behalf of Ms. Coustance Boy& I wish to withdraw the Board of Adjustment application submitted on May 12 for the above referenced property. It has been determined the building plans need to be refined as to the property's 1041 approvals. Once the plans have been refined, we will resubmit for any necessary variances. As always, thank you for yonr time and assistance on this matter. Please I'eel 1?ce to call kin any questions. Rcspect~flly, ~Jiill Curtis x{,~vucr' s Representative ~00 East Hyman Avenue · Second Floor. Aspen, Coh,rado 81611 . ph: (970) 920 1 ~ 9 ~ * ~ax: (970) 92 % q046 CURTIS &ASSOCIATES June 9, 1997 Pitkin County Board of Adjustment C/O Joanna Schaffner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado g1611 Re: Application For Setback Variances Constance Boyd Property (aka Urschel Property) 1819 Maroon Creek Road, Pitkin County, Colorado Dear Board of Adjustment, This application is for the following: Code Section 21'-6" Front Yard Setback Variance Sec. 3-40.90 (E)(3) 91'-6" Maroon Creek Road Setback Variance Sec. 3-50.20 Background The property is located at 1819 Maroon Creek Road as shown on the Vicinity Map attached. The property is approximately ~A acres and zoned AFR-10. The property was part of the Charles F. Urschel estate, and is a legally subdivided substandard size metes and bounds parcel. The parcel received 1041 approval for a single-family residence in Februa~ 1994 under the Board of County Commissioners Resolution 94-01. The parcel was purchased by Ms. Constance Boyd in 1996. The parcel is bound by Maroon Creek Road on the east and Maroon Creek on the west. Access is off Maroon Creek Road. The parcel has very steep slopes along Maroon Creek Road and gradual slopes mid-parcel to fiat land along Maroon Creek. The vertical drop from the top of the parcel (Maroon Creek Road) to the bottom of the parcel (Maroon Creek) is 39 feet. Portion of the flat land along Maroon Creek is within the 100 year floodplain. The parcel is generally wooded with many old spruce trees. 300 East Hyman Avenue · Second Floor · Aspen, Colorado 816I I · ph: (970) 920-l ~95 · [ax: (970) 925-5046 Due to its small size, constraints of Maroon Creek Road and Maroon Creek, and steep slopes and floodplain, the parcel is very constrained as to the location of a homesite, access and parking. The County Commissioners recognized this when they granted 1041 approval in 1994. The 1041 approval granted a relatively tight Building Envelope with access off Maroon Creek Road onto a parking and garage "platform" as shown on the "Urschel Property -Parcel One, 104l Review Site Plan" in Exhibit A. The parking and garage "platform" would be built over the steep slopes along the road, with stairs and walkways connecting to a lower level house. This is the type of parking and garage platform and house Ms. Boyd has designed in conformance with the 1041 approvals. 21'-6" Front Yard Setback Variance The front yard setback of the Code is 30 feet from the property line as shown on the "Board of Adjustment Variance Map" in Exhibit B. The southeast comer of the garage is 8'-6" from the property line (26'-6" from the edge of Maroon Creek Road). A variance of 21'-6" is requested. The hardship is the property's steep topography along Maroon Creek Road, and the requirement to comply with the 1041 approvals. The vertical drop between the edge of Maroon Creek Road and the 30' front yard setback line is 22 feet. Complying with the 30 foot setback would make access off Maroon Creek Road impossible, and would therefore eliminate any reasonable use of the property. The applicant will also work with Ms. Schaffner to determine if a variance is needed for the steps and walls on the southern portion of the parking platform. The steps and ~valls are on the property line and would require a 30 ~bot variance if necessary. Again, the hardship is the property's steep topography and the requirement to comply with the 1041 approvals. 91'-6" Maroon Creek Road Setback Variance The Maroon Creek Road setback of the Code is 100 feet from the road right-of- way (same as the property line) as shown on the "Board of Adjustment Variance Map" in Exhibit B. The 100 foot setback encompasses all of the Building Envelope and virtually all of the property. Again, the southeast comer of the garage is 8'-6" from the right-of-way line of the road (26'-6" from the edge of Maroon Creek Road). A variance of 91'-6" is requested. The hardship is the property's limited size, road and creek boundaries, steep topography, and the requirement to comply with the 1041 approvals. Complying with the 100 foot setback would eliminate any reasonable use of the property. The applicant will also xvork with Ms. Schaffner to determine if a variance is needed for the steps and walls on the southern portion of the parking platfbrm. The steps and walls are on the property line and would require a 100 variance if necessary. Again, the hardship is the property's limited size, road and creek boundaries, steep topography, and the requirement to comply with the 1041 approvals. As always, thank you for your time and assistance on this matter. Please feel free to call on any questions. Respectfully, x~ Curtis cc: Connie Boyd Tom Todd NAMES AND ADDRESSES OF ADJACENT PROPERTY OWNERS Constance A. Boyd Heatherbed Lodge, Inc. 1679 Maroon Creek Road Aspen, CO 81611 Jack Guenther, trustee 1777 NE Loop 410 Suite 1512 San Antonio, TX 78217-5290 Marcella Larsen Larsen Benjamin Trust P.O. Box 1063 Aspen, CO 81612 Aspen Highlands Ski Corporation P.O. Box 4970 Aspen, CO 81612 Hines Highland Limited Partnership P.O. Box 4970 Aspen, CO 81612 ASPEN:0020380.01 EXHIBIT DESCR~P DON A PARCEl_ OF LAND SITUATED tN THE NE ~/4 OF THE SE ~/4 OF PITKIN COUNT~, COLORADO, MORE FULLY DESCRIBED AS FOLLOWS: ' ~EGTNNIA~ AT A POINT WH~E THE ~ I/~ ~ORNEN THE WESTERI. Y EDGE OF THE COUNTY ROAD 207:8~2 FEET AI_ONG A " CURVE TO THE RIGHT I.~W~NG A RADIUS OF ~ ~70.00 F~. ( THE CHORD . "... · OF WHIOH BEARS $ 20'4~'.~9" W 207.55 FEET.) THENCE ~' " · ,~ ,. N ?525' W 40.05 FEET rO A POINT ON THE EAST B~IK CREEK: THENCE FOLLOWING SAID EAST BANK' THE FOLLOWING COURSES" AND DISTANCES: N ~.T4$'W 29.$? FE~.: N 25'OJ'W 68.80 FEELS: N 02'~?'E ~8.~0 FEEO N ~5'54'E .~?.00 FEE'S: N . . . 09'~2'E .~0.}~0 FEE'I~; N OI'IO'E 4~.00 FEE'S; THENCE ~ ' ' '.' DEPARDNG SAID FAST BANK $ 75'25'E 1_~f,.O0 FEET TO THE '. POlhr]' OF BEGINNING, CONTAINING O. 4~ ACt~ WORE OR LESS. . , ~ , :" ~per Mt. A~pen Highl,~nd~ ~ki ,Xre~ RESOLUTION OF THE BOi%~D OF COUNTY COMMISSIONERS 0P PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR 1041 REVIEW AND GENERAL SUBMISSION FOR THE URSCHEL PARCEL i PROPERTY Resolution No. 94-~ RECITALS 1. The Board of County Commissioners of Pitkin County (hereinafter "Board") has reviewed a request by Jack Gunther, Trustee under the will of Charles F. Urschel, (hereinafter "applicant") for 1041 Hazard Review and Ge:~eral Submits%on for their property known generally as Parcel #1 of the Urschel Estate, and described in detail in the attached "Exhibit A". ~. The subject property is approximately 1/2 acre in area and has legal access directly off of Maroon Creek Road. 3. The Pitkin County Planning and Zoning Commissioners reviewed the applicants request at regularly scheduled meetings on September 21, 1993 and November 16, 1993 and found it to be consistent with the Pitkin County Land Use Code and recommended approval of the requested 1041 Environmental Hazard Review and General Submission to the Board with conditions. 4. The Board of County Commissioners of Pitkin County, reviewed the Applicant's request at a regularly scheduled public meeting on January ~5, 1994 at which time testimony and evidence was offered by the applicant and the public. 5. The Board of County Commissioners found the Applicant's request for 1041 Hazard Review and General Submission for Urschel Resolution No. Page 2 Parcel #1 to be consistent with the criteria for approval in the Land Use Code. NOW, ~R~FORE, BE IT RESOLVED by the Board of County Commissioners that it does hereby grant 1041 Hazard Review and General Submission approval for the Urschel Parcel #1, subject to the following conditions: 1. Prior to buildiqg permit application, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan which meets the approval of the Planning Office and the County Attorney. The site plan shall be modified to include the following: a. "The provisions Of these regulations do not in any way assure or imply that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." b. Slopes of 30 percent or greater shall be clearly delineated on the site plan. 2. The Applicant should pursue an access easement through the Heatherbed property. 3. An access permit shall be obtained prior to any driveway construction. 4. All development except for access drives and utility extensions shall be occur within the building envelope. If necessary, the on-site septic system shall also be allowed outside of the building envelope, however, the septic system shall not be allowed to encroach on areas where slopes are 30 percent or greater. 5. No development, other than that associated with extension of utilities, garage and driveway construction, and the stairs/walkway between the garage and residence, shall be allowed on slopes in excess of 30 percent (assuming access is provided directly from Maroon Creek Road). 6. Development of the garage and driveway at the top of the lot shall be done in accordance with the Site Plan and elevation drawings submitted by the Applicant. These drawings shall be made part of this approval and shall be recorded with the resolution and Site Plan. Resolution No. 94-Q~ Page 3 7. Ail utilities shall be extended underground. 8. The recommendations of the Applicant's engineering and geologic consultants, as described in the April 16, 1993 letter from Schmueser, Gordon, Meyer (Exhibit "B"), and the May 18, 1993 letter from Nick Lampiris Exhibit "C"), shall be adhered to. 9. Plans for drainage and building foundation shall be designed and certified by a Colorado registered Professional Engineer. Said plans shall be submitted at building permit application. 10. The applicant shall adhere to the criteria for development on steep slopes stipulated in Section 5-401.2(h) as follows: a. Cuts shall not be made into slopes steeper than thirty percent (30%) unless mechanical support is provided. b. Cuts and fills, and grading and scraping shall be confined to the minimum area needed for construction. c. Steepness of cut and fill slopes shall be the maximum which will insure stability and still allow revegetation. d. Development plans shall include reasonable but adequate control measures. Large tracts should be developed in small, workable units without leaving large areas for long periods. e. Use mulches or temporary cover on exposed soil areas and re-establish permanent vegetation and install erosion control measures as soon as possible. f. Incorporate natural drainage patterns into the development plan. Culverts sediment basins and other engineering measures should be used where necessary to control erosion. g. Soil absorption sewage disposal systems should not be placed on slopes steeper than fifteen percent (15%). 11. Drainage and erosion control plans shall be approved by the County Engineer prior to building permit application. 12. A 20 foot setback from the mean high water line of Maroon Creek shall be delineated on the site plan. 13. The elevation of the first floor of the single-family residence shall be at least 1 foot above the 100 year flood plain elevation. Page 4 14. The Applicant shall have the option of constructing a berm, installing an in-stream structure, or reinforcing the stream bank as the solution for preventing Maroon Creek from changing course and flowing onto the property. If a berm is constructed, as indicated on the site plan, then the building envelope shall be modified to include the berm. If an in- stream structure, or stream bank reinforcement are pursued, then the Applicant shall be required to obtain a "Development within the Floodplain Permit" from the County and any other permits necessary, including any permits from the Army Corps of Engineers, prior to issuance of any building permits. 15. The Applicant shall submit additional information to the Environmental Health Department regarding the quality and quantity of well water prior to building permit review. 16. If wastewater disposal for the property is to be served by the Aspen Consolidated Sanitation District, then an outside users agreement shall be filed with the District. All improvements necessary to serve the site shall be coordinated with the ACSD and the County Engineer. 17. Septic system and well design and location shall be approved by the Environmental Health Department prior to building permit application. 18. All material representations made in the application and in public meetings shall be adhered to. APPROVED by the Board of County Commissioners at its regular meeting on January 25, 1994. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLOP~%DO Robert W. Child, Chairman Jean6tte Jones, / DeDut~ Clerk aha Resolution No. 94-~ Page 5 i%PPROVED ~ TO ]ii, pRoVED ~%~ TO coNTENT: uz~ane Kon/¢h.an' . Co~¥ plannxng Dxrector EXHIBIT A Urschel Parcel 1 1041 Hazard Review & General Submission Parcel !. A tract of land in the Northeast quar~e.~ ~ of the Sou~nea~ .~/uartsr of Section 15, To~ship 10 South, Range ~hence the Wi=ness Corner to the Ezs~ 1/4 Corner Section 15 bears North 14"36 East 717,45 f__., thence along said Eas~ hank of Mar~on Creek the £ol!~wing Scu~h 0'09' Wes= 67.76 feet, South Northeasterly along the West line of the M~rccn Creek Road 207 fee%; thence North '75'25' Wes~ 1!9 fee~, more or less to the ~oint of. beginning, County ~f Pitkin, $~ate of Colorado. AGENDA ITEM SUMMARY TO= Board of County commissioners Regular Meeting - January 25, 1994 THRU: Reid Haughey, County Manager Suzanne Konchan, County Planning Director y RE: Urschel Parcel #1 1041 Hazard Review and General Submission FROM: Tim Malloy, Senior Planner SUMMARY: The Planning and Zoning Commission reviewed this application on September 21, 1993 and again on November 16, 1993. The application was tabled to the November 16th date to allow P&Z members to visit the site and to allow the applicant time to prepare drawings showing how the garage and driveway would be accommodated on the upper portion of the property in a manner which would minimize impacts to the site. After review of the drawings prepared with respect to this issue, the Staff and the Planning and Zoning Commission recommend approval of the requested 1041 Hazard Review and General Submission with the conditions listed in the attached resolution. REQUEST: Pursuant to Sections 5-400 and 18-2.5, the applicant requests 1041 Hazard and General Submission review and approval for construction of a single family residence and associated accessory structures, to be constructed within a building envelope on a metes and bounds property approximately one-half acre in size. The site is encumbered by floodplain, slopes exceeding 15% in grade, and riparian habitat. APPLICANT: Jack Gunther, Trustee under the will of the Charles F. Urschel Jr. APPLICANT'S REPRESENTATIVE: Alan E. Schwartz/Glenn Horn LOCATION: Between Maroon Creek Road and Maroon Creek just south or upstream of Heatherbed Lodge, in the Northeast 1/4 of the Southeast 1/4 of Section 15, Township 10 South, Range 85 West of the 6th Principal Meridian. ISSUES: 1. The subject property is encumbered by steep slopes, floodplain, and riparian habitat. The property is relatively small (1/2 acre) and approximately half of the property is encumbered by the hazards identified above. The applicant has provided engineering and geology reports demonstrating that the hazards effecting this property can be mitigated. The area not encumbered by hazards is located on a bench below Maroon Creek Road and is large enough to accommodate a single-family residence of reasonable size. However, a setback variance may be required to accommodate a septic system on the property. 2. Legal access to the subject property is off of Maroon Creek Road. The slopes in the area adjacent to the Roadway are very steep (in excess of 100 percent in some areas). Staff's preference would be to access the property through the adjoining Heatherbed Lodge site, which has an existing driveway that provides access to the lower bench. This access would require an easement from the owners of the Heatherbed property. The Applicant has indicated that they have discussed access with the Heatherbed owners and have been unable to obtain the necessary access easement. 3. In light of the access and slopes issues, the Applicant proposes to develop the property with a garage and parking deck on the upper portion of the parcel, near Maroon Creek Road. Staff agrees with the Applicant that this is the only reasonable solution for the property under the circumstances. This development scenario raises concerns regarding disturbance of the steep slopes and visual impacts. In response to these concerns, Staff and the Planning Commission requested that the Applicant hire an architect to study the site and prepare specific plans for the garage and driveway. The Planning Commission and Staff recommend that 1041 approval for this property be subject to development in accordance with the drawings submitted by the architect. 4. The Applicant's consulting geologist recommends that a berm be built on the upstream side of the property in order to protect the site from flooding during a catastrophic flood. The County Floodplain Administrator has reviewed the application and expresses a slight preference for an in- stream structure to protect the property. His preference is based on the idea that the in stream structure may create an improvement in the aquatic habitat in Maroon Creek. The attached resolution of approval includes a condition requiring the Applicant to work with the DOW and the County Floodplain Administrator to determine the best solution to this issue. RECO~fl~END&TION: The Planning and Zoning Commission and Staff recommend approval of the Applicants' request with the conditions listed in the attached draft resolution. ais_urschol_~arcol 1 2 / / / ntry Level Plan ain Floor Plan oof Plan East Elevation .. F North Elevation ~_~ West Elevation South Elevation Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit 438554)42 Flat Fee -63860-043 HPC ¥>3885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit -MR01 I Use Tax i 00t~)-67100-383 Park Dedication 15000-63050-480 At-[ Commercial 1 >~)0-63065-~82 Att Residential County Land Use Application Fees: 00l 1343800.-033 Deposit 453805-034 Flat l:ee -63820 G37 Zoning · 63825-(}38 Board o£Adjustment Referral Fees: O')113.63810-035 Counly Engineer (7)115-6334¢163 City Engineer 62023.63340-190 I lousing 00125.63340-205 Environmental Health 00113~3815-036 County Clerk 00!13.63812-212 Wildlife Officer Sales: 00113.6383_a-039 County Code -69000-145 Copy Fees