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Home My WebLink Aboutpitkin.boa.97.29 PITKIN COUNTY BOARD OF ADJUSTMENT Application Form DATE ~ ,-,]~. C~ ~ CASE # ':.. REPRESENTATIVE PHONE MAILING ADDRESS LOCATION OF PROPERTY ~/~ 0/] ~-: Any pertinent data must accompany this applicatic ~[~lwill be ma~ e. The Board may return this application if it does not contain all the facts in que~ . ' Owner's or Representative's Signature (To be completed by th(~oning Depa~ment) Provisions of the zoning resolution requiring the Zoning Official to forward this application to the Board of Adjustment, and reasons for not granting a building permit: ]~/} -[(9 Zone District Requesting: ~ (~t,~ t- Lot Size ' Front Yard Setback Variance, where ' is required. ' Rear Yard Setback Variance, where , ~O ' 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. J Application filed v~'_ I c/- ~ "] Parcel IDJ~o. -; Date of Meeting Notices Mailed Secretary ' ' 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: September 2, 1997 at 5:15 p.m. Location of meeting: Plaza One Conference Room, Courthouse Annex 530 E. Main Street, Aspen Owner: Daks, Calvin Owner's Address: 889 S. Starwood Drive Aspen, CO 81612 Property Location or Description: 889 S. Starwood Drive Lot R-45, Starwood Subdivision Requesting approval for the following Rear Yard Setback Variances, where 30' is required for a 3 acre lot in the AFR-10 zone district: 19' for a retaining wall, 29' for a boiler enclosure, 22.5' for wood storage and 22' for a hot tub. VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED. Duration of Variance: Temporary Permanent X Carol and Calvin Daks 889 S. Starwood Drive Aspen, Colorado 81611 Board of Adjustment, Pitkin County, Colorado 130 South Galena Street Aspen, Colorado 81611 8.11.97 Dear Board of Adjustment; We are applying for approval of a 30 foot side yard setback variance, for the construction of a hot tub, gas boiler enclosure and woodshed. (The boiler is being used to replace the electric heater of the tub as it is more environmentally friendly.) You have approved a variance for us in the past for the placement of a garage against this same boundary line. We have much the same problem to solve, ie; the Starwood HOA Covenants prohibit encroaching our neighbors view planes and the requested placement accomplishes this best. Two practical difficulties necessitate this request due to the topography of our property and the adjacent properties. One is the peace and quite enjoyment ( ie; privacy & views) of neighbors as well as our ourselves and the other is location of the exit doors to our house. (1) The requested site sits in a natural draw (gulch) along the boundary of two properties. The neighbors that are most significantly impacted by the location are adjacent lots R-42 & 43. Their houses sit on top of a very steep heavily treed incline about 125 feet above and 300 feet horizontal to the site. From their houses, they and most other neighbors can see and hear everything that goes on in our meadow. The requested site completely mitigates any visual impact and significantly reduces the noise impact upon our neighbors (see Illustrative Profile, exhibit C). Neighbors houses on lots R-44, 64 & 54 are blocked by trees, the incline as well as my house (see map, exhibit D). The other adjacent lots are unimproved and their views face west (see map, exhibit D [data provided by Pitkin County records]). (2) Keeping in mind the need to have the hot tub as close to the house as possible due of our severe winters, there is only one exit we can use which does not negatively impact our neighbors. That being through the basement. We have three doom. The rear door opens onto the meadow. The front door opens on to our drive/courtyard and presents the same privacy problems as the meadow. The basement door opens onto the draw that is the necessary site. The request to place the woodshed within the setback comes from the need to avoid a fire hazard to our house, yet be out of the snow so that it can be used. The walk to the hot tub will be snow melted by the boiler and the logical place for the woodshed would be along that walk. The other possible solution would increase the energy needs by enlarging the snowmelt to outside the setback or shoveling snow. Obviously either one would work, but once the snowmelt is in place, assuming the boiler enclosure is granted, the placement of the woodshed does no one harm and gives us relief. We believe that a positive response to this request is appropriate since it does not endanger the health and/or safety of the neighbors or other citizens of Pitkin County which is the apparent intent of the setback codes and is importantly in the best interests of the peace and quite enjoyment of the adjacent neighbors. (I believe you will be hearing from them affirmatively to this statement. Bill Lukes will also be available to give testimony that the Starwood HOA has given approval to the project and granted us a variance to Starwoods utility easement!) - RECEIVED ~.&~ 1 9 1997 Carol and Calvin Daks 889 S. Starwood Drive AS~E~/piT~lhl OON~MUNITY, D!~v~LOPMENT Aspen, Colorado 81611 Board of Adjustment, Pitkin County, Colorado 130 South Galena Street Aspen, Colorado 81611 ~ ~ ~ 8.11.97 Dear Board of Adjustment; I ~~.o~ ~ ~ ~-~/~ ~ ' ~¢~ '- We ar~ applgin~ for approval of a ~ foot sido yard sotback vadanco, for tho construction of a hot tu~, ~as boilor onclosuro and woodshod. boiler is Boin~ usod to roplaco the oloctric hoator of tho tub as it onvironm~nlallg You havo aOprovod a vadanco for us in tho past ~or tho placomont o~ a ~ara~o a~ainst this sam~ bounda~ lino. Wo havo much lbo samo problom to solvo, io; tho Sta~ood HO~ Covenants prohibit encroachin~ our noi~hbors viow pianos and tho roquostod placom~nt accomplishos this host. Two practical difficulfios nocossitato this roquost duo to tho topography of our propo~y and the adlacont propo~ios. Oho is tho peace and quito odogmont ( io; pdvacg & v~ows) of noigh~ors as woll as our oursolves and tho othor is location of tho oxit doors to our house. (1) Tho roquostoO sito sits in a natural draw (~ulch) alon~ the bounda~ of two prope~ios. Tho nd~hbors that aro most s~nfficantly ~mpaclod ~y tho location aro adlacont lots ~-42 & 4~. Thdr houses sit on top of a stoop heavily trood inclino about 125 ~oot above and 300 ~o~I hodzontal to tho silo. From thdr housos, thoy and most othor nd~hbors can soo and hoar ovo~thin~ that ~oos on in our moadow, lbo roquos~d sito complotoly mitigates any v~sual }mpact and s}~nificanfly roducos tho no,so impact upon our nd~hgors (soo Illustrative ~rofilo, oxhibit G). ~oi~hbors housos on lots ~-44, g4 & fi4 aro blockod bg lroos as woll as my houso. Tho other aOjacont lots aro unimprovod and thoir viows faco wost (soo map, exhibit D [data provided by ~ltk~n County records]). (2) Keeping in mind the need to have the hot tub as close to the house as possible due of our severe winters, there is only one exit we can use which does not negatively impact our neighbors. That being through the basement. We have three doom. The rear door opens onto the meadow. The front door opens on to our drive/courtyard and presents the same privacy problems as the meadow. The basement door opens onto the draw that is the necessary site. The request to place the woodshed within the setback comes from the need to avoid a fire hazard to our house, yet be out of the snow so that it can be used. The walk to the hot tub will be snow melted by the boiler and the logical place for the woodshed would be along that walk. The other possible solution would increase the energy needs by enlarging the snowmelt to outside the setback or shoveling snow. Obviously either one would work, but once the snowmelt is in place, assuming the boiler enclosure is granted, the placement of the woodshed does no one harm and gives us relief. We believe that a positive response to this request is appropriate since it does not endanger the health and/or safety of the neighbors or other citizens of Pitkin County which is the apparent intent of the setback codes and is importantly in the best interests of the peace and quite enjoyment of the adjacent neighbors. (I believe you will be hearing from them affirmatively to this statement. Bill Lukes will also be available to give testimony that the Starwood HOA has given approval to the project and granted us a variance to Starwoods utility easement!) Names and Address' of Adjacent Neighbors Name Address Lot # Cavelti Capital Corp. 58 Oak Ridge Road R-34 P.O, Box 1710 Snowmass Village, CO 81615 Ross A. Cheever P.O. Box 3105 R-44 Fabiana DeAngelis Aspen, CO 81612 John & Julie Derham 645 Morris R-32 Bryn Mawr, PA 19010 Richard C, Fenton P,O. Box 6 R-42 Aspen, CO 81612 Sally Field c/o Provident Financial R-64 10345 Olympic Blvd. R-54 Los Angeles, CA 900064 Carol Ann Jacobson P.O. Box 1168 R-55 Aspen, CO 81612 Dr. & Mrs Lubert Stryer 843 Sonoma Terrace R-43 Stanford, CA 94305 EXHIBIT "A" Legal Description for property owned by CAROL AND CALVIN DAKS Lot R45, Block 5 Starwood Subdivision Pitkin County, Colorado C_ RECEIVED ~l~ ~ 7 1997 Lubert and Andrea Stryer 0617 South Starwood Drive ^SPEN/ Aspen, Colorado 8161 l COMMUNITY DEVELOPMENT August 17, 1997 Board of Adjustment Pitkin County 130 South Galena Street Aspen, CO 81611 Dear Board Members: Re: Setback Variance Request of Carol and Calvin Daks 889 S. Starwood Drive, Aspen, CO 81611 Carol and Calvin Daks have told us that they have applied for approval of a 30 foot side yard setback variance for the construction of a hot tub, gas boiler enclosure and woodshed. They showed us the site and explained the reasons for the variance request. We fully support their variance request. The site they have chosen for the hot tub is not visible from our home (property R-43, 0617 S. Starwood Drive). Also, we will not hear any noise from the proposed site nor will we see any light from it. The Daks have chosen a site for the hot tub that optimally preserves privacy. We strongly recommend approval of their setback variance request. Sincerely, Lubert Stryer Andrea Stryer COMMUNITY DEVELOPMENT DEPARTMENT ~"- 130 South Galena Street Aspen, Colorado 81611 Aspen/Pitkin Com m unity (970) 920-5090 Development Department 130 South Galena Street Pitkin County Aspen, Colorado 81611 Land Use: (970) 920-5090 172 Board of Adjuslment 159 County Land Use Code City Land Use Application Fees: 173 Deposit 00113.63850~41 Deposit 174 Flat Fee .638604)43 HPC : 162 Zoning and Sign -63885-268 Public Right-of-Way ....... 171 Public Nonce .638754)46 Zoning & Sign Permit -MR011 Use Tax Referral Fees: 10000.67100~383 Park Dedication RB1 I5 Access Permit 15000.63051)-480 AII Commercial 197 County Clerk 15000-63065482 AH Residential ........ 193 County Engineer 194 Environmental Health Count)' Land Use Application Fees: 198 Housing 00113-63800-033 Deposit 190 Land Management -6382C~037 Zoning 196 Wildlife Officer 43825-038 Board of Adjustment Building Fees: Referral Fees: 170 Board of Appeals 00113.63810-035 County Engineer 135 Building Code Sales 001 !5.63340-163 City Engineer 105 Building Permit 62023-63340-190 Housiag ...... 100 Contractor license 00125-63340 205 Environmental Health 120 Elecrrical Permit 00113.63815-036 Counly Clerk 195 Energy Code Reviexv 115 Mechanical Permit 150 Plan Check ~ales: 1 i0 Plumbing Permit tWa11343830-039 County Code 130 Reinspection -69000-145 Cepy Fees 151 Aspen Sanitation 152 AVFD Fire Marshal ...... Other__ __ Other Fees: 165 Copy '~ ~ Performance Deposit Date: E2~__Ot~2 Check: ~.~-,7~ '~ 185 Park Dedication xddress: ~ ,,~, v~,~ ?q.~..~ .--_ 186 Housing Cash inLieu Project: ~ Case No: __9 7 -,~, ..... RBII6 Road Lmpact Fees 'bone: ~2~- ~)~.~?~. No. of Copies __ TOTAL /PROJECT PHONE: CHECK