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PITRIN COIINTY """
BOARD OF ADJIISTMENT
DATE ,O /7 ~ ~C~~ ~ 9 9ua CASE # ~ ~ ~ b I
REPRESENTATIVE ~~/.2RY /-/~~/,.Z(/~y PHONE .J6• OOd
MAILING ADDRESS
j~JPl~.v
OWNER _ ~1/?r?i
MAILING ADDRESS
r~~IE ~S~G~ / 7y .~ y.I„J
LOCATION OF PROPERTY _3~29U,. 3/~Qf/ ~/Q~/L/~'U g~ ~Clv~;'~'~5~{}L`~
AV, r~~~~
f~C~a..cr G'/~on~ .T~~F.d ///G4r~ G~ T/1/~ic.or2 T-~i~~ ~c ~~,,~;,
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 question.
tAG Signature ~~9/IIG~~~~!/LZ,.
(To be completed by the Zoninq Department)
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:
FiFti-» Zone District
Requesting: J~~t,uQPit .~~ c Lot Size
/~i~,t.~! i k 1J ~ ~ ~t"
L~~'^~ k~ ~?~' Front Yard Setback Variance, where fan' 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 required.
Square Feet where a maximum of sq. ft. is allowed.
Other:
L~ ~^ /LCL~LC?"~ L~~X ~~ l1 ff ~~ ~~..``
L Zoningl' Officiali.~zaso_ .~~al~
Application filed I ~l ~ ~ Parc ID No. 243 -DbY-ol -oo bOZ-
Date of Meeting 2~ ~ / ~~~ v0 00$
Notices Mailed Secretary ~~ ~~~' i
Refer Resolution to Building Department ; _ ~ Yes ; ;
r{ ~(~, l)~11D
NOTICE OF PUBLIC HEARING TO AD.iACENT PROPERTY OWNERS
BEFORE THE PITICIlV 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, 1955, as amended, a Public Heazing will be held in City
Council Chambers, City Hall, First Floor, Aspen, Colorado (or at such other place as the meeting may then be
adjourned) to consider an application filed with [he said Board of Adjustment requesting authority for variance from the
provisions of the County Zoning Resolution.
All persons affected by the proposed variance aze invited to appeaz and state their views, protests or objections.
If you cannot appeaz personally at such meeting, then you aze urged to state your views by letter, particulazly if you
have objection to such vaziance, 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 vaziance.
THE PARTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE ARE AS
FOLLOWS:
Date and time of meeting: February 6, 1996 at 5:15 p.m.
Commissioners Meeting Room, Courthouse Plaza
Owner: Aspen Grove Financial Corp.
Aspen Pines Financial Corp.
Owner's Address: c/o Perry Harvey
314 E. Hyman Ave.
Aspen, CO 816] 1
Property Location or Parcels A and B, Aspen Village Riverfront Homes
Description:
Requesting approval fora 127' arterial highway setback variance for both Pazcels A and B, where
200' is required, and a 27' front yazd setback variance for Pazcel B, where 100' is required, for
construction of a ranch gate. Approval of this vaziance request would allow the proposed ranch
gate to be located 73' from the highway right-of-way and 73' from the front property line.
VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED.
Duration of Variance: Temporary _ Permanent X
THE PTI'KIN COUNTY BOARD OF ADJUSTMENT
(/~a~nneL Wolff
130 S. Galena Street, Aspen, CO 81611
(970)920-5093
PERRY A. HARVEY
514 East Hyman Avenue
Aspen, Colorado 81611
January 8, 1995
Ms. Joanna Schaffner
Community Development Department
130 S. Galena
Aspen, CO 81611
Dear Joanna,
I am making formal application for a variance from the strict application of Section
3-502 (A)(i) of the Pitkin county Land Use Code. This section requires that all
structures and uses shall be setback 200 feet from Arterial highways.
Property: Lot I and Parcel A
Lot 2 and Parcel B
Aspen Village River Homes
31290 & 31294 Highway 82
Woody Creek, CO 81658
Owners: Aspen Grove Financial Corporation
Aspen Pines Financial Corporation
11301 W. Olympic IIlvd., Ste. #537
Los Angeles, CA 90064
Agent: Perry Harvey
c/o Mason & Morse Real Estate
514 E. Hyman Avenue
Aspen, CO 8]611
Request: Variance form 200 feet setback requirement for a ranch gate 73.4 feet
from the property line.
This property is located across the highway from the Aspen Village Trailer Park and
has been improved with the construction of two ponds, log fencing, an entry
roadway, bridge and drives and the installation of utilities to the building envelopes
for the two properties. The ranch gate proposed will be of peeled log to match the
perimeter fencing.
ar *Ae t ~t
~_.,.~ __
Schaffner
December 20; 1995
Page 2
The approvals governing this property are Resolution 84-53, 94-111 and 94-302.
These state that "there shall be no disturbance or vegetation removal outside of the
building envelopes on Lots 1, 2, 4 and 5, except as necessary for safety and the
maintenance and installation of utilities". The entrance gate is on parcels A and B
which are to be used for open space except for fencing, access drives, bridges, barns,
corrals and similar improvements. Parcels A and B are intended for open space,
agricultural and recreational purposes.
The Board of Adjustment has the power to grant variances when the strict application
of a regulation would result in peculiar practical difficulties to the owner of property,
provided that such granting would be without substantial detriment to the public good
and without substantially impairing the intent and purpose of the Comprehensive Plan
and the Land Use Code.
The ranch gate is planned for installation in a location which will define the entrance
to the property for motorists on the highway without interfering in anyway with
sitelines into or out of the property. Locating the ranch gate in this specific spot will
also serve to maximize containment of livestock on the property. To move the entry
gate to the setback would increase the fencing requirement and would prevent the
installation of livestock guards because of utility and culvert locations.
The intent and purpose of the Comprehensive Plan and the Land Use code regarding
highway setbacks is to maintain green space and the rural feel of the valley along the
highway. The upper meadows of this property are for recreational and open space
and thus will maintain the rural feel. The ranch gate will not compromise the intent
because it does not block the view. In fact, the ranch gate is in keeping with and an
enhancement to the rural feel of the roaring Fork Valley.
Under the authority granted to the Pitkin County Board of Adjustment we are
requesting a variance for the ranch gate.
Sincerely,
Perry Harvey
PAH:ct
1r~ra,~~At()3
Pitkin County
Board of Adjustment
Application for a Variance from Section 3-502 (A)(2)
January 11, 1996
Perry Harvey
514 E. Hyman
Aspen, Colorado 81611
f_r,«,tel.x~)~y
TABLE OF CONTENTS
I. LETTER OF APPLICATION
II. SITE MAP AND ELEVATION
III. LETTER OF AUTHORIZATION FROM OWNERSHIP
IV. LETTER OF AUTHORIZATION FROM CD.O.T.
~lr a~lA l~fri'
ADJACENT PROPERTY OWNERS
Mr. Ron Koch
One Cantitoe Lane
Englewood, Ca 80110
Mr. Brooke Peterson
Woody Creek Pastures
315 E. Hyman
Aspen, CO 81611
The Conservation Fund
Attn: Mr. Thomas T. Macy
1942 Broadway, Suite 201
Boulder, CO 80302
Paul & Hope Rudnick
P.O. Box 385
Woody Creek, CO 81658
~~
LEGAL DESCRIPTION
Lots 1 and 2 and Parcels A and B, Aspen Village River Homes according to the
Amended Final Plat & 1041 Hazard Review Plat recorded August 10, 1995 in Plat
Book 37 at Page 98.
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Aspen Pined Fiwncial Cortporation and Aapsn Grove Financial Corporation are
the owaera of Lot 1 and Patacl A and Lot 2 and Parcel 8 of Aepsa Villa;e River
Homaa. Wa are tpaldnQ application for spprovala, permit and variances to Piticin
County. In all tbase appiiaations Perry Harvey !. attthtuised to represent to and shall
serve v our aQ~t.
Aspen Pima F'tnaneial Corporation
Aspen Omvr Fltuncul Corporation r,
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December 22, 1995
Mr. Perry Harvey
514 East Hyman
Aspen, CO 81611
Dear Perry,
[ have reviewed your plans for an entrance gate to the property known as Aspen village River
Homes at 31290 and 31294 Hwy. 82, Woody Creek, Colorado. The entrance gate is located
outside of our highway expansion needs but is within the easement granted in ] 974 to the
Highway Department. The Department grants permission for this gate to be within the
easement conditioned upon the following:
The owners of the land shall cooperate with the highway department and shall move
the gate in the event the Department requires the easement in the future. Costs of
removal and relocation shall be the sole responsibility of the owners of the property.
Given these conditions, the Highway Department grants approval to the gate as shown on the
attached plans.
DEPARTMENT OP TRANSPORTATION
,~~-~.,..r~~,-kP
~~, i~~t ~~~P~/~~
~~r~(~r1~g'.
Aspen/Pitlcin Community
Developmer- ~~epartment
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
City Land Use Application Fees:
OOI13-63850-041 Deposit
-63855-042 Flat Fee
-63860-043 HPC
-63875-046 Zoning & Sign Permit
- MR01 I Use Tax
County Land Use Application Fees:
00113-63800-033 Deposit ,____
-63805-034 Flat Fee
-63820-637 Zoning
-63825-038 Board of Adjustment _ jn S. Q7 ___ _
Referral Fees:
00113-638(0-035 County Engineer
00(15-63340-163 Ciry Engineer
00123-63340-190 Housing
00125-63340-205 Environmental Health
00113-63815-03G County Clerk
Sales:
00113-63830-039 County Code
-69000-145 Copy Fees
Other
Name: J
Address:
S~t~l~
Dl.nnu
Total ~ ~ , Q[),_
Date:~.~~ (y Check:_~~
Case No: .~`' ~j6 ~-o
No. of Copies __1.1___
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County oP Pitkia } AFFIDAVIT OP NOTICE BY
} ss. POSTING OF A VARIANCE HEARING
etat• of Colorado } BEPORE THE PITRIN COIINTY
BOARD OP ADJUSTMENT
The undersigned, being first duly sworn, deposes and says as
follows:
I, ~~/.?/2Y ~/-~~ vdy , being or
representing an Applicant before the Pitkin County Board of
Adjustment, personally certify that the attached photograph fairly
and accurately represents the sign posted as Notice of the variance
hearing on this matter in a conspicuous place on the subject
property (as it could be seen Prom the nearest public way) and that
p. O
the said sign was posted and visible continuously from the
- day of .T,~iU[/~ ~~ 19~, to the
day of /~=~'hnv0/lc~./ 19~. (Must be posted for
before the hearing date).
l
Appl~. nt's Signatu
Subscribed and sworn to before me
thicc/s_~ day of ~ ,
191.CQ. by ___~~
WITNESS MY HAND AND/OFFICIAL SEAL.
My Commis' expires • ~ />~/ f~
Nota Public's Si,gn~'w"rla
Address
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RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
DENYING SETBACK RELIEF FOR ASPEN GROVE FINANCIAL CORP. & ASPEN
PINES FINANCIAL CORP.
Resolution No. 96-O1
WHEREAS, Aspen Grove Financial Corp. and Aspen Pines Financial Co[p., owner of Parcels A &
B Aspen Village Riverfront Homes, is requesting approval of a 127' arterial highway setback
variance for both Parcels A and B, and a 27' front yazd setback variance for Pazcel B, for
construction of a ranch gate; and
WHEREAS, 200' is required for the highway setback, and 100' is required for the front yard
setback; and
WHEREAS, the subject property is described as Pazcels A and B, Aspen Village Riverfront
Homes; and,
WHEREAS, the Boazd of Adjustment is vested with the power to grant or deny such variances by
virtue of Title II, Section 7-10.30, Pitkin County Code (Land Use Code) and Colorado Revised
Statutes, 1973, 30-28-118(2) (C); and,
WHEREAS, based on the evidence presented, the Boazd 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 hazdship or practical difficulty has not been established.
NOW, THEREFORE, BE 1T RESOLVED by the Boazd of Adjustment, a setback variance shall be
denied, for construction of a ranch gate, due to lack of a viable hardship.
The Resolution was adopted by vote of the Boazd of Adjustment of the County of Pitkin, State of
Colorado.
DATED: February 6, 1996
ATTEST:
~z Q lti~
Ge age L' y Secretary
?,9~E3~ A3/1'~/9t; ~9:10R PG 1 OF 1
SILVIR DAVIS F'ITKIN COUNTY CLERK & RECORDER
The Boazd of Adjustment of
/~ Pitkin County, Colorado
Rick Neiley, Chair
REC DOC UCC
0. 00
__ _ .
NOTICE OF PUBLIC HEARING BEFORE THE PITKIIV COUNTY BOARD OF
ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTID
BY THE REQUESTED ZONING VARIANCE
DESCRIBED BELOW: ?
Pursuant to Pitkin County Zoning Resolution of Tune 5, 1955, as amended, a Public Hearing
will be held in the District Courtroom, Pitkin County Court House, Aspen, Colorado, (or at such
other place as the meeting may then be adjourned) to consider an application filed with the said
Boazd of Adjustment requesting authority for variance from the provisions of the County zoning
Resolution.
All persons affected by the proposed variance are invited to appeaz 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. A VARIANCE GREATER THAN
OR LESS THAN THAT REQUESTED COULD BE GRANTED.
DATE AND TIME OF MEETING: Tuesday, February 6,1996; 5:15 P.M.
Commissioners' Meeting Room, Courthouse Plaza
Aspen Grove Potential Corp. and Aspea Pines Financial Corp.: requesting approval fora 127'
arterial highway setback variance for both Parcels A and B, where 200' is required, and a 27' front
yazd setback variance for Parcel B, where 100' is required, for consttuction of a ranch gate.
Property Location: Parcels A and B, Aspen Village Riverfront Homes.
Herron, Isabel: requesting approval fora 3' height variance, where 28' is the maximum height
allowed, for an addition to asingle-family residence. Property Location: 2427 Juniper Hill Rd.;
Lot 14, Block 7, Filing 1, Brush Creek Village Subdivision.
Blaze, Helen: requesting approval for variances from the setback and floor area requirements of
the R-15 zone district to allow issuance of a building permit for an illegal residential garage.
Property Location: an "open area" parcel in the Ardmore Subdivision, across Ardmore Drive from
Lot 6.
Submitted to the Aspen Times on January 23, 1996
To Be Published in the Aspen Times on January 27, 1996
Pitkin County Account 00113
MINUTES
Pitkin County Board of Adjustment
February 6, 1996
Members Present: Michael Cooper Shira Geller
Pau] Rudnick Ellie Brickham
Rick Neiley John Wheeler
Bill Lukes Craig Feldman
Staff: Joanna Schaffner, Zoning Officer
Suzanne Wolff, Secretary
George Lilly, Secretary
Neiley opened the meeting and introduced the Boazd.
Case #96-01. Asnen Grove Financial Corp &Asnen Pines Financial Corp Parcels A &
B. Asnen Villa¢e Riverfront Homes
Neiley, Rudnick and Feldman did not vote on this case.
Perry Harvey, who represented the owners, was present to request approval fora 127'
arterial highway setback vaziance for both Pazcels A and B, where 200' is required, and a
27' front yazd setback variance for Pazcel B, where 100' is required, for construction of a
ranch gate. He presented several pictures showing the site of the ranch gate in question.
He stated that there were three reasons for its location: 200' back on the entrance road is
an easement fora 6" water main as well as all of their electrical, cable, and phone lines;
there is a practical need for the gate to define the entrance to the subdivision; and, there is
abridge over two ponds just beyond that would impede the placement of the gate in that
location.
Neiley asked for clarification that this request was for this structure only and did not seek
an interpretation or modification of the underlying subdivision approvals.
Hazvey stated that the variance request was for the ranch gate structure, and was a
setback issue only.
Schaffner explained that there are two pazcels that aze different sizes with different
setback requirements, one being a 100' setback and the other being a 50' setback. The
proposed gate straddles the two pazcels and if the application is approved a sideyazd
setback variance should be added.
Neiley noted that a similar structure 1/3 mile further on Hwy. 82 had previously been
denied.
Public comment was requested. Claire Sandersen recalled the issues surrounding the
ranch gate at the Ardmore Subdivision. Mazk Kwiecienski stated that he thought it would
be helpful in terms of locating the entrance to the subdivision.
Wheeler moved to deny the application based on the lack of a viable hazdship. Seconded.
The vote was three to two to deny the application, with Cooper and Geller opposing the
motion.
Case #96-02. Helen Blaze. An "open space" pazce] in the Ardmore Subdivision. across
Ardmore Drive from Lot 6
Neiley and Cooper did not vote on this case.
Charles Fagan was present, representing Helen Blaze, to request approval for vaziances
from the setback and floor area requirements of the R-15 zone district to allow issuance
of a building permit for an illegal residential gazage. He introduced Boots Ferguson,
attorney for Neal and Amy Beidleman who had recently executed a contract to purchase
the home, lots, and garage in question. Fagan indicated that Ferguson and his clients
were present to determine the issues regazding the property and they request that the
application be tabled so that they could prepare and request the vaziance at a future
meeting.
Fagan and Schaffner gave an overview of the recent history of the property, which
conveyed some of the complexities involved regazding setback determination and floor
area.
Schaffner elucidated points of her memo, noting that there are three adjoining pazcels that
are not merged that all belong to Ms. Blaze. She noted that the house already exceeds the
allowed floor azea, so, according to the Land Use Code, the square footage of the garage
should be deducted from the excess squaze footage of the house.
Schaffner indicated that there is no record of permits for the existing residence, and that,
since the pazcels have not merged, each parcel is looked at individually when FAR is
being calculated.
Neiley stated that there have been very few approvals for FAR variance, and that they
were based on exceptional conditions. He added that the new language that grants
authority to the Boazd of Adjustment makes it tougher, almost prohibitive, to grant FAR
variances.
Members of the public were invited to speak. Claire Sandersen recounted her knowledge
of the subdivision's history. She feels that the carport is an impediment to getting in and
out of the access road. Rosemary and Gordon Bilchak own property adjacent to the Blaze
property and made a presentation which recapitulated the floor area issues as well as
showing photographs of [he structure in question. Three points stood out for Ms.
Bilchak: 1) there is no undue hardship, the property is extremely overbuilt already; 2) the
structure is ugly and is used as a construction yard; and 3) it impinges on access and snow
removal. She encouraged the Board to vote no on the vaziance request.
Greg Blaze, son and representative of Helen Blaze, spoke about the improvements that he
had made to the property over the yeazs.
Ferguson indicated that he and his clients had gotten the gist of the situation and would
like the Boazd to table the application.
Neiley said that he felt that the Boazd would have a very hazd time approving a variance
for the carport structure as it's currently in place; that it impinges on the easement, it was
done without a building permit, it does take [he property significantly over what would be
the permissible FAR, and it is difficult to see any hazdship. Several Boazd members
agreed with this sentiment.
Wheeler suggested it may be helpful to analyze the neighborhood to find extenuating
circumstances to put this situation in context.
Rudnick moved to table the application until March 5th. Seconded. Approved
unanimously.
Case #96-03. Isabel Herron. 2427 Juniper Hill Road
Cooper, Rudnick, and Geller did not vote on this case.
David Brown was present as the azchitect for the Herrons to request approval fora 3'
height variance, where 28' is the maximum height allowed, for an addition_to a single-
family residence. He indicated that the Brush Creek Homeowners had approved the
proposed plan, as well as receiving the approval of the adjacent neighbors. He asserted
that there would be a practical difficulty in the use of the closet addition if the variance
was not granted, and that the height of the addition would not detract either from the
strucrure, the adjoining homes, or the view line from the highway.
There were no members of the public who commented on this case.
Neiley read into the record three letters (from William Lipsey, Jack T. Barnes, and Victor
& Darlene Liss) in support of the vaziance.
Mickey Herron also stated that he had received phone calls in support of the variance
request.
Schaffner indicated that this residence is located on the Brush Creek ridgeline, and if this
variance request were approved a ridgeline review would be done "administratively".
Lukes moved to grant approval for a height variance as shown on the plans submitted up
to a maximum of 3', where 28' is the maximum height allowed for the addition, due to
topographical hardship and practical difficulties. Feldman seconded. All were in favor.
~*****x****x*~x***********~*r~**~*x*a**s***~*a**~a*****~***:*~*»***~***~
The minutes of December 5, 1995, were approved as written.
Neiley and Wolff indicated that this would be their last meeting as chair and secretary,
respectively. Lukes was enlisted as the new chair.
The meeting was adjourned at 7:15 PM.
Respectfully submitted,
George Lilly, Secretary Rick Neiley, Chair
Aspen/Pitkin Community
Developme~epartment
130 South (s'~la ena Street
Aspen, Colorado 81611
(303)920-5090
City Land Use Application Fees:
00113-63850-041
-63555-042
-63860-043
-63875-046
- MROI l
County Land Uc
OOll3-63800-033
-63805-034
-63820-037
-63825-038
Referral Fees:
Deposit
Flat Fec
HPC
Zoning & Sign Permit
Use Tax
.e Application Fees:
Deposit
Flat Fee
Zoning
Board of Adjustment
00113-63810-035 County Engineer
00115-63340-163 City Engineer
00123-63340-190 _
Housing --
0012s_63340-205 Environmental Health
00113-63815-036 _
County Clerk - "
Sales:
00]13-63830-039 County Code
-69000-145 Copy Fees --------
-- Other
Name: }- ! `
Addres
IA~n ~l(el~ _
Phone: I
Total_,__L~,Il~_
Date: t Q ~ Check _~
Project:
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Case o: _~
No. of Copies
---~.~--
Scanned 2/11/08
File Finders Box
#22