HomeMy WebLinkAboutpitkin.boa.ag.08042015AGENDA
PITKIN COUNTY BOARD OF ADJUSTMENT
August 4, 2015
Commissioner's Meeting Room
Pitkin County Courthouse
5:30 P.M.
191111111 -11W lei OMIT
06-2015 Anne and Kurt Hall
Lot 5, Block 1, Aspen Highlands Subdivision
Aka 65 Glen Gary Drive, Aspen
The applicant requests a variance to locate a hot tub that exceeds 30 inches in height within a required 30'
Rear Yard Setback. The parcel contains .788 acres and is zoned R-30.
Staff disagrees with the interpretation of the variance being sought and has discussed this with the
Applicant.
The Applicant cites Land Use Code Section 5-20-100, which lists Permitted Encroachments into Setbacks
from Roads and Property Lines. This Section allows grade changes "less than thirty (30) inches in height
as measured above or below natural grade, uncovered porches, slabs, patios, terraces, walks, steps, decks,
retaining walls and similar structures that do not exceed thirty (30) inches above or below natural grade —
no restriction" within setbacks. Therefore, the Applicant has requested a height variance to what is known
as "the 30" rule".
Staff does not believe that a hot tub should be considered a "similar structure" as it pertains to this section.
Instead, Staff cites the Land Use Code's Definition of Structure which is "anything constructed, installed,
or portable, that requires location on the ground. It includes yurts and tepees and movable buildings that
can be used for housing, business, commercial, agricultural, or office purposes, either temporarily or
permanently. "Structure" also includes, roads, walkways, paths, fences, swimming pools, tennis courts,
signs, sheds, and other accessory construction." Staff views the proposed hot tub as a Structure within a
Setback and not subject to the allowances provided in Section 5-20-100. Staff, therefore, believes that if
the Board wishes to approve the proposed location, a Setback Variance is more appropriate than a Height
vananec.
MINUTES:
Please review and vote on the Minutes for the May 5, 2015 and July lb, 2015 meetings.
PLEASE CONTACT
Joannas@co.pitkin.co.us
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