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HomeMy WebLinkAboutpitkin.boa.96.19-~ PITKIN COUNTY BOARD OF AD.JUSTNIENT June 6, 1996 :SENfATiVE Richard C. Simpson NG'ADDRESS _ 46 Norfolk, Wichita, KS 67206 Richard C. Simpson ,~. CASE M i Q le - ~ ~I PH~NF. ~ 316-681-11: ILING'ADDRESS 46 Norfolk, Wichita, KS 67206 :ATION OF PROPERTY Lot SA -Redstone Unique -Redstone, ¢0. i 35 Acres _ ~ I pealnent data must accompany this application, end will be made pan of this Cua. The ~oard may return this canon i€ it dut:a not contain all the facts in question per's Sgnanu'e ~ j (To be completed by the Zotting Department) ~ I oiaions of the zdning resolution requiring the Zoning Official to forward this applictton to dt~ Bua i of Adjustmi~nt. reasons fur not granting a building permit: II _ Ks-3 o i Zione District mestinlt: 3S f Ote,i __I1ot Size _„' Front Xard Setback Variance, where _' is required. „_' R,~ar Yard Setback Variance, where _ ' is required. _ Side Yard Setback Variance, where ~' is required. ', ~' ` Side Yazd Setback Variance, where ~' is required, en I ~ Height Variance, where ~' is . Q\\ewec~, . ~ ~ i ,^__,_ Squaze Feet where a maximum of _ sq. ft. is allowed: j -~. n - - -n-- .~ - _ Zoning Official icaticjn filed (p - ? - `~ IP Parcel II of Mreeting (G _ ~ ~_ es Mailed , (,,___. Secretar 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 appear and state then 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 AREAS FOLLOWS: Date and time of meeting: July 2, 1996 at 5:15 p.m. Location of meeting: Council Chambers, City Hall Basement 130 S. Galena, Aspen Owner:, Richard Simpson Owner's Address: 46 Norfolk Wichita, KS 67206 Property Location or Description: Lot SA, Redstone Unique, Redstone, Colorado Requesting approval fora 3'6" Height Variance, where 28' is allowed in the RS-30 zone district, for the construction of a single family residence. Property Location: Lot SA, Redstone Unique, Redstone. VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED. Duration of Variance: Temporary _ Permanent ~ --~, June 6, 1996 pitkin County Aoard of Adjustment Aspen/Pitken Cnmmunlty I)evelnpmenf kept. Aspen, Colorado Re: Variance Request Members of the Aoard, A height variance Ls requested from the Itnard of A~Ijostment relating to pending construction of a single family residence on Lot SA, Redstone Unique, Redstone, Colorado. Joanna Shaffner of the building department, has indicated that the structure is currently aver '1 fern high nn the north downhill. edge of the home. The original design of this handcrafted log home was completed by Pioneer Log Homes, of Hamilton, M'1', unknowingly resulting i.n the height variation. The final design was completed by ilustom Log Homes, of Stevensville, MT, and the handcrafted log work was completed in April of this year. Final. rrrection of the home i.s awaiting approval. of the building permit. Proposed remedies at thl.s time wrnrld de[initely create extreme hardship to the various parties involved as (allows: 1) The pitch of the cnmpleteel roof system has already been established by truss work and roof puriins cut to thaC pitch. To correct the pitch would require a complete and expensive reconstruction of the whole roof system. 2) Lowering the basement level. into the ground the required depth, would effectively eliminate any exit From this Level., except through the garage door. The granting of this requested variance would not be a substantial detriment or impact upon the public good for the following reasons: 1) Lot SA adjoins White River National Forest on 2 sides. 2) This site is set nn 35 acres, adjoining another 35 acres to the Fast owned by Cynthia Simpson, wife of Ri-chard Simpson. 3) Remaining adjacent property owner to North does not oppose variance. 4) Home to be Located in dense wooded area far removed from public view. 5) Closest building site of neighbor is I/4 mile. 6) Closest current home construction is I/7 mile away. 7) Current driveway is approximately 1,000 feet long uphill away from County highway. Acknowledging that this problem was unknowningly created by the Montana designers of this log home, it has however, certainly created substantial hardship upon the completion of this structure, We seek this variance not only to relieve this hardship, but also recognizing that such a request does not substantially impair the intent and purpose of the plan created by Pitkin County. Yours truly, .-~ /l A /o~~.re1}t~~s~. --~ .~. I Simpson Insurance Professional Insurance C:onsuttanis Dick Simpson, J.D., CPCU June 6, 1996 Joanna Shoftner Aspen/Pitkin Community Development Dept. 130 South Galena Aspen, CO 81611 Re: Height Variance Request Dear Joanna, Hopefully, I have included all items required for completion of the variance request from the Board of Adjustment. High Country Engineering of Glenwood, is supposed to deliver 9 copies of surveys to you today of tomorrow. Enclosed is the check in the amount of $105. as required for this hearing. Call me if you need any other information. Yours truly, /; /r Richard Simpson 4301 E. Kellogg Suite 1 WichiTC, Kansas 67218 Phone (316) 681-1122 J 3 o_ _N N M N ~ ~D ~ 3 ~_ 0 ti _v "'. ~ ~i ~I ~~ n ~o ~~ v .~ -_~ j ~ ti ~ N o ~ v co Q' ti °° 2 p ~ ~ w ~ M K ~90'8~ ~.bti,~ zo ei s _., N In ~ O , ~ O ~ ~' 1"r1 o to N ~ ~~ ~ a- = C ~ M ~ O tD ~ ~ ~ .. o ~. v ~ ~' ° Z ` .. ~~ .fib 3~~e 9` !'L. ~.. oez~ N J r N \ ~ C °` ~ ~~ ~~ ~~ v© ., ~ M ~, ~ :r-'~•.` A PARCEL OF LAND SITUATED IN THE SE1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE B8 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH WARTER CORNER OF SAID SECTION 18, A O.L.O. BRASS CAP IN PLACE; THENCE N 00'07'57" W ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION TB 1115.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTH-SOUTH CENTERLINE N 83'11'51' E 1325.00 FEET; THENCE N 80'30'38' E 232.14 FEET; THENCE N 32'03'28' E 486.48 FEET TO A POINT ON THE CENTERLINE Of' COAL BASIN ROAD; THENCE THE FOLLOWING TEN (10) COURSES ALONG SA10 CENTERLINE: THENCE N 78'51'20' W 2J8.08 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS 741.85 FEET, A CENTRAL ANGLE OF 27'24'52'. A DISTANCE OF 354.88 FEET, (CHORD BEARS N 65'09'05" W 351.50 FEET); THENCE N 51'28'49" W 51.98 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 932.52 FEET, A CENTRAL ANGLE OF 16'10'08', A DISTANCE OF 283.15 FEET. (CHORD BEARS N 59'31'52" W 282.28 FEET); THENCE N 67'36'54' W 247. JO FEET: THENCE ALONG THE ARC OF A CURVE 70 THE RIGHT HAVING A RADIUS OF 1443.87 FEET, A CENTRAL ANGLE OF 11'14'43', A DISTANCE OF 283.38 FEET, (CHORD BEARS N 81'59'33' W 282.93 FEET); THENCE N 56'22'11' W •8.66 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS 492.70 FEET, A CENTRAL ANGLE OF 33'57'44", A DISTANCE OF 292.05 FEET, (CHORD BEARS N 7J'21'03"W 28).79 FEET); THENCE ALONC THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1000.00 FEET, A CENTRAL ANGLE OF 10'21'01', A DISTANCE OF 180.85 FEET, (CF10RD BEARS S 84'29'34' W 180.40 FEET); THENCE S 79'19'04" W 12.83 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 18; THENCE LEAVING SAID CENTERLINE 5 00'07'57' E ALONG THE NORTH--SOUTH CENTERLINE OF SAID SECTION t9 1282.87 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 35.001 ACRES, MORE OR LESS. NOTES 1 ) BASIS OF BEARING FOR THIS SURVEY WAS A BEARING OF N 89'51'24" E BETWEEN THE NORTH QUARTER CORNER OF SECTION 20, A 1924 GLO BRASS CAP IN PLACE AND THE WITNESS CORNER TO THE NORTMNEST CORNER OF SAID SECTION 20, A 1988 BlM ALUMINUM CAP IN PLACE. 2.) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE. J.) THIS SURVEY IS BASED ON DOCUMENTS RECORDED IN BOOK 1B7 AT PAGE B9, RECEPTION N0 J48193 AND RECEPTION N0. 336800 OF THE PITKIN COUNTY CLERK ANO RECORDER'S OFFICE, DEPARTMENT OF HIGHWAY RIGHT-OF-iYAY MAPS ANO EXISTING GLO AND 8lM t.D+P/l MONUMENTS FOUND IN PLACE, ~ ~ („_ ,.„_((('y 4.) DATE OF SURVEY WAS AUGUST 1994. 6 CUSTOM LOG HOMES June 27, 1996 Pitkin County Board of Adjustment Aspen, CO To Whom It May Concern: Per Mr. Simpson's request, we hope this letter helps the Pitkin County Building Review Board understand Mr. Simpson'a predicament from the log home builders perspective. Custom Log Homes entered into contract with Mr. Simpson at a point when the construction plans far his log home had already been developed by another log home company. Therefore, although we did modify the plans Tor better log construction, we dind't think to call the county for any special requirements. Understanding now that the building is too high, Mr. Simpson asked if there may be any way we could take a round or two out to lower the roof line. Because this is hand crafted, naturally tapering log construction, even if it were possible, you Can't take just one round out because of the tip to butt relationship. You would have to take rounds out in multiples of two. Taking two round out of the main level wall section would result in walls too low to have any headers above the windows Taking two rounds out of the upper level wall section would create inadequate headroom in the downers and the stairs wouldn't have head clearance. The roof Can't be lowered simply because the pitch is married to the purlin spacing, and all of the structural roof elements are tied together. All of these options severely affect the adequate utilizakion of space andlor structural integrity of this home. The lop package has been completed, for approximately three months in anticipation of an early summer delivery. If the logwork sits in our yard for very much longer, it wdl start to discolor. Once this starts, the process accelerates and the graying is nearly impossible to remove, greatly effecting the value of the log shell. .Ultimately, the only other alternative is to redesign and rebuild another home. Monetarily, this would be impossible for the Simpsons and extremely unsuitable for their building schedule. The possibility of us being able to re-sell the existing structure would also be arduous. P, O. Drawer 228 • 3882 Hlghwey 93 N. 5tevanevllte, Montana 598lU Telephone: (4U8) T77-5202 Fax: 408-777-2738 fa~.T~+aff~+ 6' ri ni ~ , ^ ~~, t u: ~.,_ t ae~t~ , , , ~ ,,:~e PH~aE .eel ,,.,, Pitkin County Page 2 June 27, 1996 -•~ This situation has undoubtedly created a great deal of hardship on the Simpsons, financially and emotionally. It also rxeates a problem for us in terms of tha physical space it takes up in our yard. It is our sincere hope that you wilt allow the Simpsons to proceed with their new home, as planned. Thank you. Bast Regards, ~L ~r~t~'~rf Steve Peckinpaugh President tx: Dick Simpson P.O. l7rawar 228 • 3662 Highway 93 N. Slavensville. Montana 69870 • 7glayrwrre (40B) 777.5202 Fa^ 406.777.2736 r~,s,~,"(9N .IUhJ 2? 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Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 City Land Use Application Fees: 00113-63850-041 -63855-042 -63860-043 -63875-046 - MROII County Land U~~ 00113-63800-033 -63805-034 -63820-U37 -63825-038 Referral Fees: 00113-63810-035 00115-63340-163 00123-63340-190 00125-63340-205 00113-63815-036 Sales: 00113-63830-039 -69000-145 Deposit _ Flat Fee ___ HPC Zoning & Sign Permit _ Use Tar to Application Fees: Deposit _ Flat Fee ~ _ Zonij~ _ Boardnf Adjustment -~, L;,D County Engineer _ City Engineer Housing __ _ Environmental Health Counry Clerk County Code Copy Fees Other Name: , ~l Address: y(o K. t~~cht+a. K~ ~~vc, Phone: °Jf IP - (p`h ~- S?~~ Total ~ y`7 . C~> Date: b 10 _ Check: L ~ 110 Pro ect: ~~IQht ~~tQ~~~ Case No: No. of Copies l~t~r~'.~ ~.~. MRY-20-1??6 164; FF'Cx;4-.gPFF1 FlTkilt Cott C~F~~ Try ^a_131EFg1~+8"]-F?'?Q F'. 0`_ County of t'#tkin ) AFFi,DAV1T OF tiOTI ,(~ BY POSTING ss. OF A VARIANCE E~+rtiRING B~'O12E State of Colorado ) "CHE YTTKIN COUN'['Y BOARb OF. ADJUSTMENT I The undersigned, being first duly sworn, deposes atTd says as follows: I,~VIE I-t r7~~ tZ~ ~-~-- ___. _ ___, tieing nr representing an' Applicant I bb#ore the Pitkin County Board of Adjustn]ent, personally certify that the attaehediphotoQraph fairly attd accurately represents the sign posted ac Notice of the varialtce hearing on this smatter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the _~- ( Shay of ~ ~-- , l9~ to the Z.- day of _~ w~'-~ , I ~~p t Must be pos~cd for at (scut nine 19! full clays before ttio hearing date). Applicant's Sig r . ,~ ~: ~ ¢r Subscribed and sworn to before ttTfe;~ is- ~ ~ day of ~~__.,___, 19~ by ~..>,?L r . P2pl.x WITNESS MX HAND A19U OFFI~IAL SEAL. My Commission expires: ~- ~°1 "i ~l Notary Public's Signature U3Sb~ ~~t~~~l~3~ _~a,,~,1~,_C~B~Eaa AdchESS C - fi!,>,~.i~~~ RESOL~ON OF THE PITKIN COUNTY, C~ORADO BOARD OF ADJUSTMENT GRANTING A HEIGHT VARIANCE FOR RICHARD SIMPSON Resolution No. 96-19 WHEREAS, Richazd Simpson, owner of 750 Coal Creek Rd., is requesting approval of a 3'6" height variance, for the construction of a single family residence; and WHEREAS, 28' is allowed in the RS-30 zone district; and WHEREAS, the subject property is described as Lot SA, Redstone Unique; 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 fmdings: 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 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 Boazd of Adjustment, that a 2' height variance to the midpoint of the main element be granted, with no variances at the dormers, for construction of a single family residence, as shown on the attached plans (Exktibit "A"), due to topographical constraints. I i WARNING: Any violation of the terms of this resolution may result in rehearing and possible 1 revocation. Q0 \ The Resolution was adopted by vote of the Boazd of Adjustment of the County of Pitkin, State of Colorado. '~ DATED: July 2, 1996 ill ATTEST: Gjj~~or~e L' ,Secretary Bill Lukes, Chair Ptitkift C Board of .A ~ tment Pitkin County Boazd of Adjustment 395902 08/13/96 09:47A F'G 1 OF 1 REC DOC UCC SILVIA DAMS GITKIN COUNTY CLERK & RECORDER 0.00 AGENDA/MEMO PITKIN COUNTY BOARD OF ADJUSTMENT July 2, 1996 at 5:15 P.M. COUNCIL CHAMBERS, CITY HALL BASEMENT 96-16 ASPEN/PITKIN COUNTY AIItPORT PUB Requesting approval fora 6' Height Variance, where 20' is allowed for accessory structures, for the installation of an Automated Surface Observing System (ASOS) in the PUB zone district. Property Location: Aspen/Pitkin County Airport, Highway 82. 96-15 DEMPSEY, PETER Space 110, Aspen Village Requesting approval fora 3.5' West Side Yazd Setback Variance and a 7' East Side Yazd Setback Variance, where 10' is required, for the placement of a mobile home. Property Location: Space 110, Aspen Village. 96-17 GOLDSMITH, FRANK R-30 1682 Red Mountain Road Requesting approval fora 20' Front Yazd Setback Variance, where 30' is required and a 40' collector street variance, where 50' is required, for the construction of a new single family residence in the R-30 zone district. Property Location: Lot 2, Block 2, Red Mountain Subdivision. 96-18 OLSON, BARRY & THERESA SR Space 63, Lazy Glen Requesting approval for an additional 480 squaze feet of floor azea, where a maximum of 831.68' is allowed, and 952' exists, and a 101' Arterial Highway Setback Variance, where 200' is required, for an addition to a mobile home in the SR zone district. Property Location: Space 63, Lazy Glen. 96-19 SIMPSON, RICHARD RS-30 Lot 4A, Redstone Unique Requesting approval fora 3'6" Height Variance, where 28' is allowed, for the construction of a single family residence in the RS-30 zone district. Property Location: Lot SA, Redstone Unique, Redstone. Minutes of the June 4, 1996 meeting. PLEASE CONTACT GEORGE LILLY, 920-5442, AS SOON AS POSSIBLE TO CONFIRM IF YOU WILL ATTEND THE MEETING. 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 Heazing 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 aze 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, July 2, 1996; 5:15 P.M. LOCATION OF MEETING: Council Chambers, City Hall Basement Dempsey, Peter: Requesting approval fora 3.5' West Side Yazd Setback Variance and a 7' East Side Yazd Setback Variance, where 10' is required, for the placement of a mobile home. Property Location: Space 110, Aspen Village. Aspeu/Pitkin County Airport: Requesting approval fora 6' Height Variance, where 20' is allowed in the PUB zone district, for the installation of an Automated Surface Observing System (ASOS), which monitors weather conditions. Property Location: Aspen/Pitkin CountyAitport, Highway 82. Goldsmith, Frank: Requesting approval fora 20' Front Yard Setback Variance, where 30' is required and a 40' collector street variance, where 50' is required in the R-30 zone district, for the construction of a new single family residence. Property Location: Lot 2, Block 2, Red Mountain Subdivision. Olson, Barry & Theresa: Requesting approval for an additional 480 square feet of floor azea, where a maximum of 831.68' is allowed, and 952' exists, and a 101' Arterial Highway Setback Variance, where 200' is required, for an addition to a mobile home in the SR zone district. Property Location: Space 63, Lazy Glen. Simpson, Richard: Requesting approval fora 3'6" Height Variance, where 28' is allowed in the RS-30 zone district, for the construction of a single family residence. Property Location: Lot SA, Redstone Unique, Redstone. Submitted to the Aspen Times on June 18, 1996. To Be Published in the Aspen Times on June 22, 1996. Pitkin County Account Aspen/Pitkin Community • Development Department 130 South Galena Street Aspen, Colorado 81611 (303)920-5090 City Land Use ~ 00113-63850-041 -63855-042 -63860-043 -63875-046 - MROII .pplication Fees: Deposit Plat P•ee HPC Zoning & Sign Permit Use Tax County Land Use Application Fees: OOII3-63800-033 -63805-034 -63820-037 -63825-038 Referral Fees: OO113-63810-035 00115-63340-163 00123-63340-190 00125-63340-205 00113-63815-036 Depostt - --- - Flat Fee -- - Zoni - Boaitl.of Adjustment _ ~ County Engineer __--- City Engineer __-. - Housing ---- Environmental Health _ - -- County Clerk - - - Sales: 00113-63830-039 County Code --- -69000-145 Copy Fees - - Other --- -- - -- Total ,y~ •• CR~ --- Name:~~ . ~1 i Date: b ip _ Check:_~a~?~o k ~ ~~. Address: ylo 'T Pro ect: f ~~ L7-- _ Case No: CI ~e _ I ~- Phone:~~~ - SOX a- y ~$ No. of Copies