HomeMy WebLinkAboutpitkin.planning.246322200012 (2017)MEMORANDUM
TO: Board of County Commissioners
Regular Meeting — December 6, 2017
THRU: Suzanne Wolff, Assistant Community Development Director
FROM: Joanna S. Schaffner, Planner
RE: Henderson Appeal of Board of Adjustment Denial of a Ranch Gate
SUMMARY: The Board of Adjustment denied the Applicant's request for a major road setback
variance for a ranch gate, pursuant to Resolution No. 02-2017, which is attached as Exhibit A. The
Applicant appealed the denial; the notice of appeal is attached as Exhibit B.
APPLICANT: Chris Henderson
REPRESENTATIVE: Trent Palmer
LOCATION: 5342 Highway 133
ZONING/LOT SIZE: The parcel contains one acre and is a non -conforming size parcel in the RS -30 zone
district.
APPEAL PROCEDURE: Sec. 2-20-180(a)(1) of the Land Use Code. ("Code") provides that any
applicant for a development permit may appeal a denial of a development application. The Code requires
submission of a notice of appeal within 15 working days of the decision. The Board of Adjustment
denied the request on September 5, 2017. The notice of appeal was submitted on (date), which was 15
working days after the date of the decision, so the notice of appeal was timely. The verbatim transcript of
the September 5 meeting was submitted on (date), which was less than 60 working days after the date of
the decision, so the transcript was timely. The transcript is attached as Exhibit C.
APPEAL CRITERIA: Sec. 2-20-180(g) of the Code states, "An appeal is not a de novo consideration
of the merits of the development application that gave rise to the appeal. The appeal body... shall only
reverse, modify, or remand a decision on appeal if it finds that there has been a clear and demonstrable
error, abuse of discretion, or denial or procedural due process in the application of the facts in the record
to the standards of the Land Use Code.
BACKGROUND: County staff cited a ranch gate that was installed at 5342 Highway 133 without a
Zoning Permit. Because the ranch gate is located within the 100' Major Road setback that is required
from the Highway 133 right-of-way, the gate first needed the approval of a setback variance from the
Board of Adjustment before a permit could be issued. The Applicant applied to the Board of Adjustment
and the case was heard at a duly noticed public hearing on September 5, 2017; the application is attached
as Exhibit D. The Applicant requested a 99' Major Road setback variance, where 100' is required.
At the meeting the Applicant presented materials showing that development on the site was limited by the
two overlapping 100' setbacks (Highway 133 and the Crystal River), and, therefore, that a variance was
warranted due to topographic hardships.
The Board of Adjustment is authorized by Secs. 2-10-30(d) and 2-40-110(a) of the Code to hear requests
for variances from the road setback provisions of the Code. The approval criteria are specified in Sec. 2-
40-110(b), which states, "The Board of Adjustment shall only approve a variance where, by reason of
unusual narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of
the regulation, or by reason of unusual topographic conditions or other situation or condition of such
piece of property, the strict application of the height or yard and road setback regulations of this Land Use
Code would result in peculiar practical difficulties to, or undue hardship upon, the owner of such
property, and the granting of relief from the strict application of this Land Use Code will not cause
substantial detriment to the public good and will not substantially impair the intent and purpose of the
Pitkin County Comprehensive Plan and this Land Use Code."
There were no objections expressed by any members of the public at the Board of Adjustment hearing.
The Board discussed the case, questioning the "appropriateness" and size of the structure and stating a
desire to be more "strict" in their consideration of variances requested for structures constructed without a
permit. The Board then voted 5-0 to deny the application due to a lack of hardship. Board of Adjustment
Resolution No. 02-2017 denying the application is attached as Exhibit A
APPLICANT'S APPEAL: The Applicant has appealed the denial pursuant to Section 2-20-180(g) of the
Code, claiming that the Board imputed criteria/language into the variance that does not exist in the Code,
namely criticizing the purpose/function of the gate.
RECOMMENDATION: Staff recommends that the BOCC deny the Henderson Appeal, subject to the
attached Resolution, based on the finding that the Board of Adjustment did not make a clear and
demonstrable error, abuse their discretion, or deny procedural due process in the application of the facts in
the record to the standards of the Land Use Code.
EXHIBITS:
A. Board of Adjustment Resolution 02-2017 denying variance for the ranch gate
B. Applicant's Notice of Appeal
C. Verbatim transcript of the September 5, 2017 meeting
D. Application to Board of Adjustment
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, DENYING AN APPEAL BY CHRISTOPHER HENDERSON OF BOARD OF
ADJUSTMENT RESOLUTION 2-2017, WHICH DENIED A REQUEST FOR A 99' MAJOR
ROAD SETBACK VARIANCE FROM HIGHWAY 82 FOR A RANCH GATE
Resolution No. -2017
RECITALS
1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter ("HRC"), all matters not
required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution.
2. Christopher Henderson ("Appellant") has appealed Board of Adjustment Resolution No. 02-2017, which
denied a request for a 99' Major Road Setback variance for a ranch gate, to the Board of County
Commissioners of Pitkin County, Colorado (`BOCC").
3. The parcel is legally described in Exhibit A.
4. The parcel is zoned AR -10 and contains approximately 1.01 acres.
5. The Board of Adjustment considered the application at a duly noticed public hearing on September 5,
2017.
6. The Board of Adjustment denied the application due to lack of demonstrated hardship as reflected in
their Resolution No. 02-2017.
7. The Appellant submitted a notice of appeal within 15 working days of the decision and submitted a
transcript of the hearing within 60 working days of the decision, as required by Sec. 2-20-180 of the
Land Use Code ("Code").
8. The BOCC heard this appeal at a regular meeting on December 6, 2017, at which time evidence and
testimony were presented with respect to the appeal based on the record of the Board of Adjustment's
decision.
9. The BOCC finds that there has been no abuse of discretion or denial of procedural due process in the
application of the fact in the record to the standards of the Land Use Code.
10. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this
Resolution.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby deny the Appeal of Board of Adjustment Resolution No. 02-2017,
which denied a request for a 99' Major Road Setback variance from Highway 133 for a ranch gate, and
authorizes the Chair to sign on behalf of the County.
Resolution No. -2017
Page 2
APPROVED ON THE 6TH DAY OF DECEMBER, 2017.
ATTEST:
Jeanette Jones
Deputy County Clerk
John Ely,
County Attorney
PID 246322200012
Case #P074-17
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
George Newman, Chair
Date:
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
DENYING A MAJOR ROAD SETBACK VARIANCE
Resolution No. 2-2017
WHEREAS, Christopher J. Henderson, owner of 5342 Highway 133, Carbondale, is requesting a
99 foot Major Road setback variance where 100 feet is required from the Highway 133 right-of-way
to permit a ranch gate; and
WHEREAS, the lot is more fully described in Exhibit A; and
WHEREAS the lot contains 1,01 acres and is located within the AR -10 zone district; 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, have been
shown by the applicant.
2. The required hardship or practical difficulty has not 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 99' Major Road
Setback variance be denied due to lack of demonstrated hardship.
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: September 5, 2017
ATTEST:
a
Janna S. Sc , a er, Date
rtkin County' Zoning Officer
Parcel IDA 246322200012
Ric He , ° Date
Co -Chair, Board of Adjustment
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PUBLIC NOTICE
RE: Henderson Appeal of BOA Resolution Denying Variance Request
(CASE# P074-17; PID 246322200012)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,
December 6, 2017 at a regular meeting to begin at 12:00 PM or as soon thereafter as the
conduct of business allows, before the Board of County Commissioners, Pitkin County
Library (Dunaway) Meeting Room, 120 North Mill Street, Aspen to consider an
application submitted by Chris Henderson (5342 Highway 133, Carbondale, CO 81623)
appealing the Board of Adjustment's denial of setback variances for a ranch gate. The
property is located at 5342 Highway 133 and on Woody Creek Road and are legally
described as a Tract of land in the SEI/4 NW1/4 of Section 22, Township 8 South,
Range 88 West of the 6th P.M. The State Parcel Identification for the property is 2463-
222-00-012. The application/resolution are available for public inspection in the
Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611.
For further information, contact Joanna Schaffner at (970) 920-5105.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Published in the Aspen Times Weekly on November 23, 2017.
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all property owners and mineral estate owners within 300'
of the subject property at least one (1) week prior to the hearing with the return
address of the Community Development Department. The names and addresses
shall be those on the current tax records of Pitkin County as they appeared no more
than 60 days prior to the date of the public hearing.
2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your
applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development
Department, 130 South Galena Street, Aspen, CO (970) 920-5526.
4. Post the Public Notice sign on the property at least one (1) week prior to the
hearing.
5. Remove the Public Notice sign within one week after hearing date.
http://pitkincounty.con /DocumentCenterNiew/14715
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX # (970) 920-5439
November 13, 2017
Trent Palmer
39 Boomerang Road, #8130
Aspen, CO 81611
trent@wtp-law.com
Re: Henderson Appeal of BOA Resolution Denying Variance Request #002-2017
(PID 2463-222-00-012; Case P074-17)
Dear Mr. Palmer:
The Planning Office has completed its preliminary review of the captioned application. We have
determined that this application is complete. After a more detailed review of the submittal
information, additional information specific to the application may be requested in order to
adequately review and process the application. The planner in charge of the review will request
the information from you directly.
We have scheduled this application for review at a public hearing by the Board of County
Commissioners on Wednesday, December 6, 2017 at a meeting to begin at 12:00 P.M. in the
Library (Dunaway) Meeting Room, 120 North Mill Street, Aspen. Should this date be inconvenient
for you, please contact me within 3 working days of the date of this letter. After that the agenda date
will be considered final and changes to the schedule or tabling of the application will only be allowed
for unavoidable technical problems. The Friday before the meeting date, we will call to inform you
that a copy of the memo pertaining to the application is available at the Planning Office.
Please note that it is your responsibility to post a public notice sign on the property at least 7 days
prior to the hearing (and remove it within one week after) and to mail notice to all property
owners and mineral estate owners within 300' of the subject property at least 7 days prior to the
hearing with the return address of the Community Development Department (copy of notice will
be sent to you by the Community Development Department). The names and addresses shall be
those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing
as proof of compliance with the Code at the hearing.
If you have any questions, please call Joanna Schaffner, the planner assigned to your case, at 920-
5105.
Sincerely,
Bonnie Shiles
Administrative Assistant
Encl: Affidavit of Notice (Code Section 2-20-100)
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00043133
Name: Christopher J Henderson Date: 10/2/2017
Project Address: 5342 HWY 133
Type: check #109
Permit Number Fee Description Amount
0074.2017.PLAN PP- Flat Fee 975.00
0074.2017.PLAN PP- Clerk Fee 375.00
Total: 1,350.00