HomeMy WebLinkAboutpitkin.boa.96.13PITHIN COUNTY
BOARD OF ADJUSTMENT
DATE S G
REPRESENTATIVE Du-~ ~ ~ ~ m ~ e ~.~ s
MAILING ADDRESS
33
CASE # ~to - 1 ~J
PHONE a5-/rf/-5'Bx ~/`~
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OWNER 7=)IA.r~-1~)~ ~- {~iim,/ ~Jl~'lei/~?s - / PHONE 9G3 ~'~~1~~
MAILING ADDRESS ~/5J'crf I~w~_7,33 _L///?~~L° ~O ~/~~3
LOCATION OF PROPERTY TCt4Ce1 lv, ~c
Any pertinent data must accompany this application, and will be made part of this Case. The Board may return [his
application if it does not contain all the facts in gpestion.
t
Owner's Signature
(To be completed by the Zoning Department)
Provisions of [he zoning resolution requiring the Zoning Official to forward this application to the Board of Adjustment,
and reasons for not granting a building permit:
Requesting:
' Front Yazd Setback Variance, where ' is required.
'Rear Yard Setback Variance, where ' is required.
' _ Side Yard Setback Variance, where ' is required.
' _ Side Yazd Setback Variance, where ' is required.
'Height Variance, where _' is required.
.Square Feet where a maximum of _ sq. ft. is allowed.
Other:
. - -
Yi 5 - 3~~ Zone District
%~ 59o7ac. Lot Size
~~ ~ ~- -
Zoning Official-'~--~'k-~!~~Ll~y. ~ ,.y
Application filedrl -fin eta Parcel ID PVO. oZCo~ - ,~ I ~ ~'0)
Date of Meeting lo' ~qLo ~- ,
Notices Mailed 5'ay-4(~ Secretary K~~'7/_Y~~ ., 1!P.t, s~2
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, 1955, 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 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,
particulazly 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:
Location of meeting:
Owner:
Owner's Address:
Property Location or
Description:
June 4, 1996 at 5:15 p.m.
Meeting Room, Pitkin County Library
120 N. Mill, Aspen
Duane & Kim Smeins
11538 Highway 133
Cazbondale, CO 81623
Parcel 6, Gesberg Tracts
Requesting approval fora 40' and a 45' Major Road Setback Variance, where 100' is required in
the RS-30 Zone District, for the construction of a garage and single family residence respectively.
VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED.
Duration of Variance: Temporary _ Permanent ~
A-,
DUANE & KIM SMEINS
11538 HIGHWAY 133
CARBONDALE, CO 81623
(970)963-860
May 22, 1996
Pitkin County Boazd of Adjustments
130 S. Galena Street
Aspen, CO 81611
This letter is being submitted requesting the Board of Adjustment grant us a
variance from the 100' setback requirement from Highway 133.
We currently live 11.5 miles south of the Highway 133 and Highway 82
intersection. We aze 1 mile north of the Avalanche Creek turn off. The legal description
is: Parcel 6, Amended Gesberg Tracts.
We have been living in a mobile home since June of 1987 that sets approximately
20' from the Highway 133 right-of--way. We are bringing in a modulaz home that will set
approximately 40' from the Highway 133 right-of--way. If we were to move the new
home 100' back from the Highway right-of--way, we would be in the flood plane, which as
you know, Pitkin County will not allow. Therefore, we are requesting a variance be
granted.
The following is a list of adjacent property owners:
The Davis Trust Jeffrey and Sebrena Leclerc
11512 Highway 133 11556 Highway 133
Carbondale, CO 81623 Carbondale, CO 81623
U. S. Forest Service Colorado Department of Transportation
620 Main Street Attn: Robert Moston
Carbondale, CO 81623 222 S. 6th St., Rm. 317
Grand Junction, CO 81501-2769
Thank you for your consideration.
Sincerely,
Duane & Kim Smeins
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Aspen/Pitlcin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City Land Use Application Fees:
OU113-63850-041
-53855-042
-53850-U43
-63885-268
-53875-046
- NiROIl
Deposit
Flat Fee
HPC
Public Right-cf-Way
Zoning & Sign Permit
Use Tax
County Lana [Ise Application Fees:
OOll3-53800-033 Deposit
-63805-034 Flat Fee
-53320-037 Zoning
-63825-038 B~ardofAdjustment
Referral Fees:
OOll3-63810-035
OOi15-63340-163
00123-63340-190
00125-63340-205
00113-63815-036
Sales:
00113-63830-039
-69000-145
County Engineer
City Engineer
Housing
Environmental Healt
County Clerk
County Code
Copy Fees
Other
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County of Pitkin } AFFIDAVIT OF NOTICE BY POSTING
} ss. OF A VARIANCE HEARING BEFORE
State of Colorado } THE PiTKIN COCNTY BOARD OF AD.ItiSTMENT
The undersigned, being fast duly sworn, deposes and says as follows:
I, ~u,t4tl~e. srn e / h 5 °r ~i vrt ~'7eir15, 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 from the nearest pLu1blic tvayj and that
the said sign was posted and visible continuously from the at~~ day of I_t_~_, l~~p
to the ~ day of J WUI °t_ , 19~(.btust be posted for at least nine (9) full days before
the hearing date J. ,
i `
~- --~--- 12GVi20 ~
Applicant: ignature
Subscribed and sworn to before me this
H~
day of fuvti , 19`Lb, by fCr rn~~
~>u ~r~n3
WITNESS MY HAIv~ AND OFF[CIAt~L SEAL.
My Commission expires: c~' a'g `~0
;~' '~
Notary Public's Signature
Address
394838 07/17/96 03: P6 1 OF 1
SILVIA DAVIS GIN COUNTY CLERK & RECORD R~C00 DOC UCC
RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING A MAJOR ROAD SETBACK VARIANCE FOR DUANE & KIM SMEINS
Resolution No. 96-13
WHEREAS, Duane and Kim Smeins, owners of 11538 Highway 133, aze requesting approval of a
40' and 45' major road setback variance, for construction of a gazage and single family residence
respectively fora 1.5907 acre lot in the RS-30 zone district; and
WHEREAS, 100' is required as measured from the Highway 133 right-of--way; and
WHEREAS, the subject property is described as Pazce16, Gesberg Tracts; 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 been established.
3. Granting such relief will not cause substantial detriment to the public welfaze and will not
substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps.
NOW, THEREFORE, BE IT RESOLVED by the Boazd of Adjustment, a 40' and a 45' major road
setback variance shall be granted, for construction of a garage and single family residence
respectively, as shown on the attached plans (Exhibit "A"), due to topographical and practical
hardships and proximity to the floodplain.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
The Resolution was adopted by vote of the Boazd of Adjustment of the County of Pitkin, State of
Colorado.
DATED: June 4, 1996
ATTEST:
GwG-^
Ge e Lil ,Secretary
Pi Co Boazd of A ' stment
Bill Lukes, Chair
Pitkin County Boazd of Adjustment
NOTICE OF PUBLIC HEARING BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING VARIANCE
DESCRIBED BELOW:
Pursuant to Pitkin County Zoning Resolution of June 5, 1955, as amended, a Public Hearing will
be held 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 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 Boazd 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, June 4, 1996; 5:15 P.M.
LOCATION OF MEETING: Meeting Room, Pitkin County Library
Baar, Ron: Requesting approval fora 5' Height Variance, where 20' is required in the R-30 Zone
District, for the construction of a detached residential garage and caretaker dwelling unit. Property
Location: Lot 1, Rubey Subdivision.
Nakagawa, Satoshi: Requesting approval fora 167' Arterial Highway Setback Variance, where 200' is
required as measured from the Highway 82 right-of--way, and also requesting a 664 square foot floor azea
variance, where a maximum of I I51 squaze feet is allowed in the SR Zone District fora 7195 squaze foot
lot, for the placement of a mobile home. Property Location: Space 82, Lary Glen, Highway 82.
Skinner, Steve & Skye: Requesting approval fora 3.5' Rear Yazd Setback Variance, where 10' is
required, for the placement of a new mobile home. Property Location: 31300 Highway 82, Lot 52,
Aspen Village.
Smeins, Duane & Kim: Requesting approval fora 40' and a 45' Major Road Setback Variance, where
100' is required, for the construction of a garage and single family residence respectively. Property
Location: Parcel 6, Gesberg Tracts (11.5 miles from the intersection of Highway 82 and Highway 133).
Strawbridge, Leslie & Restivo, Charles: Requesting approval fora 13' and a 4' Height Variance,
where 20 Foot is allowed in the RS-30 Zone District, for the construction of a single family residence.
Property Location: Parcel 6, West Sopris Creek Subdivision.
Submitted to the Aspen Times on May 21, 1996
To Be Published in the Aspen Times on May 25, 1996.
Pitkin County Account
AGENDA/MEMO
PITKIN COUNTY BOARD OF ADJUSTMENT
June 4, 1996 at 5:15 P.M.
PTTKIN COUNTY LIBRARY MEETING ROOM
96-10 BAAR, RON
R-30 Lot 1, Rubey Subdivision
Requesting approval fora 5' Height Variance, where 20' is allowed for the construction of a
detached residential gazage and caretaker dwelling unit. Property Location: Lot 1, Rubey
Subdivision.
96-11 SKINNER, STEVE & SKYE
31300 Hwy. 82, #52
Requesting approval fora 3.5' Rear Yard Setback Variance, where 10' is required, for the
placement of a new mobile home. Property Location: Lot 52, Aspen Village.
96-12 STRAWBRIDGE, LESLIE & RESTIVO, CHARLES
RS-30 Parcel 6, West Sopris Creek Subdivision
Requesting approval fora 13' and a 4' Height Variance, where 20' is allowed for the
construction of a single family residence. Property Location: Pazcel 6, West Sopris Creek
Subdivision.
96-13 SMEINS, DUANE & KIM
RS-30 Parcel 6, Gesberg Tracts
Requesting approval fora 40' and a 45' Major Road Setback Variance, where 100' is
required, for the construction of a gazage and single family residence respectively. Property
Location: Pazce16, Gesberg Tracts, 11.5 miles from the intersection of Highway 82 and
Highway 133.
96-14 NAKAGAWA, SATOSHI
SR Space 82, Lazy Glen
Requesting approval fora 167' Arterial Highway Setback Variance, where 200' is required
as measured from the Highway 82 right-of--way, and also requesting a 664 squaze foot floor
area variance, where a maximum of 1151 square feet is allowed in the SR Zone District for
a 7195 squaze foot lot, for the placement of a mobile home. Property Location: Space 82,
Lazy Glen, Highway 82.
Minutes of the May 7, 1996 meeting.
PLEASE CONTACT GEORGE LILLY, 920-5442, AS SOON AS POSSIBLE
TO CONFIRM IF YOU WILL ATTEND THE MEETING.
•
vIINUTES
Pitkin County Board of Adjustment
June 4, 1996
iVlembers Present: Bill Lukes, Chair Shira Geller '
Rod Dyer John Wheeler (arrived late)
Ellie Brickham
Staff: Joanna Schaffner, Zoning Officer
George Lilly, Secretary
Luker opened the meeting at 5:15 PM.
Case #96-10, Ron Baaz, Lot I. Rubev Subdivision
Lukes introduced the request for approval fora 5' height vaziance, where 20' is allowed,
for the construction of a detached residential gazage and cazetaker dwelling unit.
Ron Baaz was present and explained that the added height to the garage was being
requested so the Aspen Fire Department's antique fire truck could be housed there. He
said the visual impact would be nil since the location of the structure would be at the
bottom of a wooded hill.
Schaffner indicated that, as a detached accessory structure that is more than 20' from the
principal structure, the height of the garage would be limited to 20' at the midpoint of the
roof and 25' at the ridge.
There were no members of the public present to comment on this case.
Luker suggested that having the cazetaker unit and the gazage in a one-story structure, as
opposed to the proposed two-story structure, would be preferable and eliminate the need
for a variance.
Baaz responded that aone-story plan would present other topographical problems which
would impact the hillside alot more, as well as necessitate the cutting down of more trees.
Luker said that he was unable to see a significant enough hazdship to be able to support
granting the vaziance, especially given the level of precedence that could be set.
A discussion of roof types, building envelope placement, and cazetaker unit size ensued,
with Geller suggesting that the entire roof could be lowered or reconfigured to
accomodate all the desired functions of the building.
•
Lukes suggested that the request be tabled, so that other design options could be pursued
without closing the case. Lukes moved to table the application until the July meeting,
unanimously approved.
Case #96-I 1. Steve & Skve Skinner 21300 Hwv 32 #5~
Lukes introduced the request for approval fora 3.5' rear yard setback variance, where 10'
is required, for the placement of a new mobile home on Lot 52, AspenVillage.
Schaffner stated that Aspen Village recently underwent subdivision and in so doing have
a new setback requirement, which is 10'. The applicant wants to remove an existing
trailer and replace it with a new trailer which will be 26'3" by 56'. The building next to it
is currently a ~azage and the owners have an application in to convert that to an accessory
structure. ~ -
Richard Jackson, from the Aspen Village Homeowners Association, was present as the
owner's representative. He indicated that the Homeowners architectural committee had
approved all the Skinner's proposed modifications except the setback, over which they
have no jurisdiction. The Homeowners Assn. supports the granting of the setback
variance to help preserve open space. Jackson presented photographs showing the layout
of the lot and trailer.
No public comment was forthcoming.
Lukes read a letter from Gail Olsen, Lot #53, Aspen Village, in support of the Skinner's
request.
Brickham moved to approve a 3.5' rear yard setback variance for the placement of a new
mobile home, due to existing conditions. Geller seconded. Motion approved 4-0.
Case #96-12. Leslie Strawbridge & Charles Restivo Pazcel 6 West So ris Creek
Subdivision.
Lukes introduced the request for approval fora 13' and a 4' height variance, where 20' is
allowed, for the construction of a single family residence.
Schaffner indicated that the 1041 review for West Sopris Creek Subdivision had given a
height restriction of 20' to the midpoint of the roof allowing another 5' to the peak,
primarily to minimize the visual disturbance to the elk.
Harry Teague was present and explained the architectural necessity of the proposed
design as integral to the construction of an "off-the-grid" energy efficient home. In
response to topographical and access limitations, it was felt that atwo-story configuration
with a shed roof and solar hot-water booster tower optimizes the surface to volume ratio
that is crucial to a solaz-powered structure.
Lukes read a letter from Kevin Wright, from the Division of Wildlife, which stated the
DOW's support for the project as designed.
Lukes asked for public comment. Susan Manchee, a neighbor and owner of Lot 4, asked
about the carport, since the shared driveway comes within about 1~' of it, and learned that
the carport would be screened by vegetation. As an adjacent neighbor, she was not
concerned about the areas of the house for which a variance was being requested.
Lukes expressed concern over the degree of height variance being requested for the solar
tower. Dyer asked what benefit that particular design would provide. Teague replied that
the smallness of the building required maximization of southern exposure and that the
additional glazing will increase solar gain, in addition to providing the space to contain a
hot water tank that will get direct solaz gain by virtue of being above the surrounding
scrub oak.
Geller moved to grant 13' and 4' height variances, where 20' is allowed, for the
construction of a single family residence due to solaz considerations per the plans
submitted. Dyer seconded. Approved 4-0.
Case #96-13. Duane & Kim Smeins Pazcel 6 Gesbera Tracts
Lukes introduced the request for approval fora 40' and a 45' major road setback
variance, where 100' is required, for the construction of a gazage and single family
residence respectively.
Schaffner stated that the applicants, who were present, received 1041 Hazazd review
approval, comply with all their yazd setback requirements, but require a major road
setback vaziance. She added that half of the pazcel is unusable due to the floodplain.
No members of the public were present to comment.
Dyer moved to approve a 40' and a 45' major road setback variance, where 100' is
required, for the construction of a gazage and single family residence respectively as
shown on the plans submitted due to topographical and practical hazdships and proximity
to the floodplain. Brickham seconded. Approved 5-0. (Wheeler arrived prior to the
vote.)
Case #96-14. Satoshi Nakagawa Snace 82 Lazv Glen
Lukes introduced the request for approval fora 167' arterial highway setback variance,
where 200' is required as measured from the Highway 82 right-of-way, and the request
fora 664 squaze foot floor azea variance, where a maximum of 1151 squaze feet is
allowed in the SR zone district fora 7195 square foot lot, for the placement of a mobile
home.
•
Schaffner explained that Lazy Glen is undergoing the subdivision process, which is about
half completed, and that after that process there will be setbacks and floor area ratios that
will be better suited to the park. Approximately two-thirds to three-quazters of the park is
in the 200' highway setback. Schaffner continued that the applicant's trailer would
comply with all the yard setbacks that are proposed for the pazk.
Mr. Nakagawa was present with Mac Cunningham acting as the applicant's
representative. Cunningham noted that the new FAR requirements will be ^_5-30% which
would allow a 2600 square foot house, instead of the current 16%.
Schaffner indicated that the new guidelines have.had conceptual approval but had not yet
been adopted, and that it may be the end of the year before the final adoption occurs.
Concern was expressed regazding granting approvals for variances with the zoning
parameters not yet established.
Cunningham produced a document with the proposed guidelines, which refers to FAR as
being 35%o. He added that Mr. Nakagawa had already purchased his new trailer when the
subdivision process began, that Mr. Nakagawa has a buyer for his existing trailer, and that
to delay the transfer of the two trailers til January would definitely put Mr. Nakagawa in a
bind.
Wheeler addressed [he issue of the existing sheds on the property, noting that a condition
could be placed on a variance approval that would require their removal.
Cunningham said that the sheds were built by the pazk back in the 60's and are shazed by
adjoining property owners. The westernmost shed could be removed as a compromise.
Placement of the trailer was discussed. Nakagawa's proposal would allow him to park
his cazs plus have a small front yazd. The Lazy Glen Homeowner's Association requires
a 5' easement along the front lot line for future improvements to the infrastructure.
Wheeler asserted his position that the trailer should be placed further into the park.
Wheeler moved to approve the application fora 574 squaze foot FAR adjustment in lieu
of the requested 664 square foot FAR adjustment, contingent on the removal of the 9' x
10' shed that is not in common ownership, and fora 162' arterial highway setback
variance in lieu of the 167' requested, where 200' is required, due to downzoning. Lukes
seconded. Approved 5-0.
**:***x*x*sas~*~*a*~*****~~*~**~*~~******+s~***»*********~~:*~******~***
Dyer moved to approve the minutes of the May meeting, Lukes seconded, unanimously
approved.
~ i
Geller expressed concern over the use of the term. "azchitect" by the Boazd in referring to
an applicant's representative. She cautioned that only registered azchitects can legally
have that term applied to them.
Meeting adjourned at 7:30 PM.
Respectfully submitted,
George Lill , Secretary
~~/
Date
C.~Approved as submitted
OApprove with noted change(s)
4/~
Bil ukes, Chair
~- N~'~
Date
sPen/Pitkin Community
Development Department
130 South Galena Street ~
Aspen Colorado 81611 {
(9'70) 920-5090
Ot~IN-ti38 ~- qle ~PPlieation Fees:
-h3855-042 Depasi[
-638.50-04z Flat Fee ---
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-63 88 5-2 68 HPC
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-G3875-046 -
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60113-~38ot~_ a ``,Pplscation Fees;
- 033
-63805-0-34 Dzposit
-63320.037 Flat Fee
-638.25.038 Coning
board off{djustment
Referral Fees:
0011.3-638:0-035
00;15-63340-163
00123.63340-190
00125.63340-205
00113-63815_p36
Sales:
00113-63830-039
-59000_]45
County Engineer
City Engineer
Housing
Environmental Health
County Clerk
County Code
Copy Fees
Other
Natne:
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Date: ; ~; ; Check: (' ".
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Case No: --
No. of Copies - -
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