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HomeMy WebLinkAboutpitkin.boa.96.01~-+ 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. ~a~x~e~aO7 /Aq^ ~^ T07 P(~1Kin C0D7Ity h'. c' 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, I14'r ° (_9(l~ i ~ ~ ~ i I / (, ~ pace / ~ ~ / ~ ~ Aso' wr~ess cor,K~ i G~ A lion Bamnml \`°.r_ L ~'~~ , , ~„~ I I y \~ ~cvn/..din. I n~A`a`ao° \ / 1 ~ ~ / N_ ~~/ n ~ ~ '~ ~ ~ 0 _i v~-'^,r~ ~~~z. 'Y.-L. T^ _~ 1 i /`_`\ -~ \ '.- - ~~ ~ i ~ ~ ,,~ T ~~ N I3769c" V ~ \~ ~ .ro'.f+Jady p. ~' Baow. ~fs~QC~C ~~~. ,~ ,tUc as• ea,.n.,,w ~,,. ek*l:,~y Pow.. 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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___ /lf~/?'It 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 (_., ... ,. ' ~. ~ ; K ,;~ , ,.: "" ~4 '. _ ~,~., -~, 11 ~, .', ;. ~: :~d ( W~ 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: ~~Pn V1 I- }g~X }~;~7 Case o: _~ No. of Copies ---~.~-- Scanned 2/11/08 File Finders Box #22