HomeMy WebLinkAboutpitkin.boa.273717307028 (2019)Description:
Case No: BOA010-19Parcel ID:2737-17-3-07-028 Application Date:7/23/19
Project Address:
# Copies:
Property Owner:ATTAL
118 E LUPINE DR, ASPEN, CO 81611
Address:
AUSTIN, TX 78702
1645 E 6TH ST #150 Owner Phone:
Owner's REP: STEVE J LEU Address: PO BOX 552
WOODY CREEK, CO 81656
REP's Phone:
Allocated Hours:
% Over Hours:
Joanna SchaffnerPlanner:
REP's Email:michael@aliusdc.com
Atta Front and Side Yard Setback Variance
Referrals:Other Referrals:
Comments Due Date:
Meetings:
08/06/2019
1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date:
Review Body:
Public Hearing?
Notice Date:
boa
yes
07/23/2019
Meeting Notes:
Approvals:
BOCC Resolution #:
BOCC Ordinance #:
P&Z Determination #:
HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date:
VR Expires Date:
Plat Recorded Date:
Plat (Bk, PG):
Remarks:
Application Type:
RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING FRONT AND SIDE YARD SETBACK VARIANCES
FOR 118 EAST LUPINE DRIVE, ASPEN
Resolution No. 10 - 2019
WHEREAS, Charles Attal, owner of 118 East Lupine Drive is requesting a 10.5' Front Yard
setback variance where 30' is required, and a 2.5' Side Yard setback variance where 10' is required
to allow modifications to an existing roofline; and
WHEREAS, the lot is more fully described as Lot 8, Block 1, Mountain Valley Subdivision; and
WHEREAS the lot contains 16,769 square feet and is located within the R -15A Zone District; and
WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by
virtue of Section 2-10-30(d) of the Pitkin County Land Use Code; and,
WHEREAS, based on the evidence presented, the Board of Adjustment makes the following
findings:
1. Proper notice procedures, including the notification of all adjoining property owners, have been
shown by the applicant.
2. The required hardship or practical difficulty has been established.
3. Granting such relief will not cause substantial detriment to the public good and will not
substantially impair the intent and purpose of Pitkin County's Comprehensive Plan, and the
Pitkin County Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment that a 10.5' Front Yard
setback variance, and a 2.5' Side Yard setback variance be granted to allow modifications to an
existing roofline shown on Exhibits A and B due to hardships created by existing conditions.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of
Colorado.
DATED: August 6, 2019
ATTE T:
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Lorisa La d , Date
Pitkin County anner
Parcel ID# 273717307028
ek Head, Date
Chair, Board of Adjustment
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RECEPTION#. 658198, R: $0.00, D. $0.00
DOC CODE: RESOLUTION
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1.
Pitkin County Application Form:
PITKIN COUNTY
BOARD OF ADJUSTMENT
APPLICATION FOR -11
REPRESENTATIVE STEVE LEU & MICHAEL EDINGER PHONE 719,331.9211
E-NIAIL MICHAEL-a�ALIUSDC.COM FAX
KAILING ADDRESS 108 DIAMOND A RANCH ROAD CARBONDALE CO 81623
PARCEL OWNER CHARLES ATTAL PHONE 719.331.9211
MAILING ADDRESS 118 LUPINE DRIVE ASPEN CO 81611
LEGAL DESCRIPTION Suboivmlon: MOUNTAIN VALLEY Block: 1 Lot. 8
SUBJECT PARCEL
PARCEL ID # 273717307028
118 LUPINE DRIVE ASPEN CO 61611
ZONEDISTRICT -AR=tu��"� l
LOT SIZE 17,686+1-
(To be completed by Zoning staff)
Meeting Date: 111
k {
/' 0
Case # / U - i f
Request:
10 foot Front yard setback variance, where feet is required.
foot Rear yard setback Variance.. where feet is required.
foot _ Side yard setback variance. where /U feet is required.
foot _ Side yard setback variance. where _ feet is required.
foot Height variance. where _ is allowed.
foot Arterial Highway setback variance. where 200 feet is required.
foot Major Road setback variance, where 100 feet is required.
foot Collector Street setback variance, where 50 feet is required.
Comments:
a
Application material was referred to:
Zoning Officer,
t IR F i iIhina Drive V:+ris+nr,e Request I Parcel ID 273717307028 1 3
118 E LUPINE DRIVE
VARIANCE APPLICATION
118 E Lupine Drive Variance Request | Parcel ID 273717307028 | 2
Application Contents
1. Pitkin County Board of Adjustment Application Form
2. Variance Description Letter
3. Variance Narrative
4. 24”x36” plans (attached)
5. Site Vicinity Map
6. Letter of Consent
7. 300 ‘ Radius Mailing List
8. Photos and Renderings
118 E Lupine Drive Variance Request | Parcel ID 273717307028 | 4
2. Variance Description Letter
Applicant: Charles Attal
Location: 118 East Lupine Drive, Aspen CO 81611
Parcel ID: 273717307028
Parcel Size: +/- 17,685 sq. ft.
Lot Area: +/- 17,685 sq. ft.
Zone District: AR-10
Representative: Steve Leu & Michael Edinger
Email: michael@aliusdc.com
Phone: 719.331.9211
Request: Charles Attal, the “Applicant” requests a setback vari a nce i n order to submit a change order t o
an open permit in the Pitkin County building department for an extension of a roof addition over
existin g finished, heated, livable floor space.
Property: The “Property” is located at 118 Lupine in Aspen, CO 81654 (see attached Vicinity Map & Legal
Description) and its legal description is Subdivision: MOUNTAIN VALLEY Block: 1 Lot: 8. The lot contains +/-
17,685 sq.ft. . A single family dwelling currently exists on the property. The property lies outside of the Urban
Growth Boundary and is zoned AR-10.
The parcel was legally created as part of the Mountain Valley Subdivision and is characterized as a narrow
lot w ith moderate to steep slopes .
Previous Land Use Approvals: There are no existing land use approvals in place. There is an open building
permit for the remodel of the existing structure.
Access: The Property is accessed by driveway directly off of Lupine Drive.
Water & Septic: The Property is served by City of Aspen Sanitation and Water districts.
118 E Lupine Drive Variance Request | Parcel ID 273717307028 | 5
3. Variance Narrative
This narrative serves to explain the need for a variance to the property setback for the purposing of
constructing various components of a new roof above an existing structure of a single family residence in
Aspen. The structure has been in its current location within the property for several decades and roughly, it is
at the limit of the allowable FAR per the land use code. The house is stick framed with beam and column sizes
well out of date with current structural standards. The structure is aging in terms of integrity and longevity,
and it is need of general renovation to bring the home up to a modern standard of safety, energy efficiency,
and livability. The location of the structure as it sits today encroaches beyond the property line setbacks as
defined under the current land use code on two sides of the property. The house was built before these codes
existed and so the encroachment is an inherited issue that passively exists today. The land use code allows for
maintenance of the non-conformity as long as the non-conformity is not increased.
A renovation scope to be performed at The Property was produced and submitted to Pitkin County for
issuance of a general building permit. During the review of the permit it was determined that certain elements
of the proposed renovation could not be approved because those new elements were proposed into the
setback. Specifically, increased roof height could not be approved because areas of the house encroached
beyond the setback and could not increase in height because of the interpretation that an increase in height
would increase the degree of the non-conformity. The hardship encountered is that the existing structure has
a large portion
The applicant is asking to modify the setback distances as described below in order to eliminate the house as a
non-conformity as defined by the code. By doing so, this will allow the current, and any future owner of the
property to reasonably renovate the structure within its current site placement without hindrance.
Setback Variances:
South Side Yard:
Proposed setback-seven point six three one feet (7.631)
Current setback-ten feet (10)
East Front Yard:
Proposed setback-nineteen point three zero four (19.304)
Current setback-thirty (30)
North Side Yard:
No proposed change
West Rear Yard Setback:
No proposed change
118 E Lupine Drive Variance Request | Parcel ID 273717307028 | 6
4. 24” x 36” Drawing Set (attached)
5. Vicinity Map
The site is located east of Aspen Colorado accessed from highway 82. The site is show below located at 118
East Lupine Drive.
118 E Lupine Drive Variance Request | Parcel ID 273717307028 | 7
6. Letter of Consent (attached)
118 E Lupine Drive Variance Request | Parcel ID 273717307028 | 8
7. Mailing List (attached)
Pitkin County Mailing List of 300 Feet Radius
Pitkin County GIS presents the information and data on this web
site as a service to the public. Every effort has been made to
ensure that the information and data contained in this electronic
system is accurate, but the accuracy may change. Mineral
estate ownership is not included in this mailing list. Pitkin County
does not maintain a database of mineral estate owners.
Pitkin County GIS makes no warranty or guarantee concerning
the completeness, accuracy, or reliability of the content at this
site or at other sites to which we link. Assessing accuracy and
reliability of information and data is the sole responsibility of the
user. The user understands he or she is solely responsible and
liable for use, modification, or distribution of any information or
data obtained on this web site.
This document contains a Mailing List formatted to be
printed on Avery 5160 Labels. If printing, DO NOT "fit to
page" or "shrink oversized pages." This will manipulate the
margins such that they no longer line up on the labels
sheet. Print actual size.
From Parcel: 273717307028 on 07/01/2019
Instructions:
Disclaimer:
http://www.pitkinmapsandmore.com
CRYSTAL LAKE ASPEN LLC
SAN DIEGO, CA 92101
525 B ST #2200
LE CHALET CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
E LUPINE DR
LANDMAN SANDRA
MIAMI BEACH, FL 33140
1435 W 28TH ST
JOHNSTON DAVID K
ASPEN, CO 81612
PO BOX 9108
SS ELK LLC
DELRAY BEACH, FL 33483
916 SEASAGE DR
RUBENSTEIN GAIL
PIEDMONT, CA 94611
360 HAMPTON RD
OCHS CHRISTOPHER & SUZANNE
HOUSTON, TX 77024
11340 HOLIDAN WY
AUBREY TOWNHOMES CONDO
ASPEN, CO 81611
103 E LUPINE DR
HEARTHSTONE CONDO ASSOC
ASPEN, CO 81611
42591 HWY 82
STEIN PETER
LONDON NW8 OJY UNITED KINGDOM,
14 CARLTON HILL
K A & M PITKIN PARTNERS LLC
DALLAS, TX 75209
5419 WATEKA DR
GLICKMAN ROBERT J REV TRUST
ASPEN, CO 81611
91 E LUPINE DR
COATES KIMBERLEE A
ASPEN, CO 81611
212 E LUPINE DR
HOPKINS SHEILA
LONDON NW8 OJY UNITED KINGDOM,
14 CARLTON HILL
RIVER SANCTUARY LLC
ASPEN, CO 81611
1315 MOUNTAIN VIEW DR
MAYRITSCH GERHARD W & ELSBETH A
ASPEN, CO 81611
45 E LUPINE DR
ASPEN BRIDGE LLC
CHICAGO, IL 60611
199 E LAKE SHORE DR 9E
SHAPIRO JAY B & SUSAN KLEIN
PINECREST, FL 33156
10102 SW 57TH CT
NIKOLICH GEORGEANN REV TRUST
TAMPA, FL 33609
4407 W AZEELE ST
BOENNING ANNE W
ASPEN, CO 81612
PO BOX 9108
DUNROMIN LLC
ASPEN, CO 81611
42705 HWY 82
HOPTON CHARLES H
ASPEN, CO 81611
0149 E LUPINE DR
LEVINSON ROBIN & MARK
FT LAUDERDALE, FL 33301
411 N NEW RIVER DR E #3205
WISHNICK JOEL
DALLAS, TX 752010900
2900 MCKINNON ST #2803
MOORE TOWNHOMES CONDO ASSOC
ASPEN, CO 81611
42553 HWY 82
ASPEN GEDILOZ LLC
MIAMI, FL 33133
4100 KIAORA ST
MOY JANE W
ASPEN, CO 81611
39 MOUNTAIN LAUREL DR
TOWBIN JOEL REV TRUST
FT LAUDERDALE, FL 333012598
21 ISLE OF VENICE DR #201
EAST 82 LLC
CARBONDALE, CO 81623
0260 EQUESTRIAN WY
ASPEN MOUNTAIN VALLEY INVESTMENTS
LAREDO, TX 78042
PO BOX 618
INDEPENDENCE VIEW TOWNHOMES ASSOC
ASPEN, CO 81611
42701 HWY 82
118 E Lupine Drive Variance Request | Parcel ID 273717307028 | 9
8. Photos and Renderings
View of existing house
Rendering of proposed roof adjustments
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
ASPEN, CO 81611118 E. LUPINEMTE
1804
ISSUE
PROJECT No:
DRAWN BY:
DRAWING SET
COPYRIGHT 2018 ALIUS DESIGN
CORPS LLC. ALL RIGHTS RESERVED
ROOF PLAN - NEW
3.8
10/23/2018SCHEMATIC I
7/19/2019PERMIT
09/17/2018DD I
LINE OF EXISTING SETBACKS
COLUMN BELOW
LINE OF PROPOSED SETBACKS
PER VARIANCE REQUEST;
SETBACK LINE PINNED TO FURTHEST EXTENT
OF EXIST. ROOF; SEE SITE PLAN FOR DIMS.
AREA OF NEW ROOF OVER ENTRY PROPOSED;
SEE ELEVATIONS FOR MINOR HEIGHT ADJUSTMENTS
T.O. PLATE @ 108'-5"T.O . PLATE @ 108'-5"PROPERTY LINEEXIST. SETBACKPROPOSED SETBACK ADJUSTMENT PER VARIANCE35.1
35.1
25.1
25.1
15.1
15.1
25.225.2
2.75:12
5:12
5:122.75:12T.O. PLATE @ 111'-0"T.O . PLATE @ 111'-0"0 2'4'8'SCALE: 1/4" = 1'-0"1 ROOF PLAN - NEW
C:\General CADD 12\Gxd\5343A.gxd -- 06/22/2018 -- 10:49 AM -- Scale 1 : 120.000000
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
ASPEN, CO 81611118 E. LUPINEMTE
1804
ISSUE
PROJECT No:
DRAWN BY:
DRAWING SET
COPYRIGHT 2018 ALIUS DESIGN
CORPS LLC. ALL RIGHTS RESERVED
SITE PLAN
2.2
10/23/2018SCHEMATIC I
01/31/2019PERMIT
09/17/2018DD I
03/25/2019PERMIT REV I
30.001'
10
'
1
0
'
19.304'
7
.
6
3
1
'
NEW DECK EXTENSION
LINE OF EXISTING BUILDING;
NO MODIFICATIONS TO FOOTPRINT PROPOSED
EXIST. DRIVEWAY TO REMAIN
NO LANDSCAPING PROPOSED;
WORK LIMITED TO EXTENTS OF EXIST.
STRUCTURE
SETBACK DIMENSIONS;
SEE ROOF PLAN FOR DETAIL SETBACK
COMPLIANCE W/ NEW ROOF
LINE OF EXISTING SETBACKS
LINE OF PROPOSED SETBACKS
PER VARIANCE REQUEST
LINE OF NEW PROPOSED ROOF;
SEE DETAIL ROOF PLAN FOR DETAILS
FOCUS AREA OF VARIANCE REQUEST
0 5'10'20'SCALE: 1" = 10'1 SITE PLAN
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
ASPEN, CO 81611118 E. LUPINEMTE
1804
ISSUE
PROJECT No:
DRAWN BY:
DRAWING SET
COPYRIGHT 2018 ALIUS DESIGN
CORPS LLC. ALL RIGHTS RESERVED
LOWER LEVEL PLAN -
NEW
3.3
10/23/2018SCHEMATIC I
1/31/2019PERMIT
09/17/2018DD I
002
003
001
4
4
3
3
5
5
B
B
D
D
2
2
1
1
C C
C C
11'-101/2"EQ.EQ.31/2"9'-103/8"8"8"2'-6"3
1/2"
5'-
1
1/4"
3
1/2"
31/2"7'-81/4"51/2"10"5'-3"31/2"7'-7"31/2"22'-0"51/2"11'-1"7'-63/4"11'-41/2"8'-3"9'-111/2"ALLIGN DOORS W/ CENTER
OF STAIR
ALLIGN DOORS W/ CENTER
OF STAIR
EXIST. HOT WATER HEATER
BEDROOM
001
BATHROOM
002
LOWER LIVING
005
LAUNDRY
003
MECH
004
BEDROOM 2
006
BEDROOM 3
008
BAHTROOM 2
007
BATHROOM 3
009
CLCL
SITTING
010 CL
CLCLCLCLCL
CL
CL W2
W1
25.1
25.1
15.1
15.1
25.225.2
#DrgID#LayID
14.1
14.4
24.2
35.1
35.1
0 2'4'8'SCALE: 1/4" = 1'-0"1 LOWER LEVEL PLAN - NEW
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
ASPEN, CO 81611118 E. LUPINEMTE
1804
ISSUE
PROJECT No:
DRAWN BY:
DRAWING SET
COPYRIGHT 2018 ALIUS DESIGN
CORPS LLC. ALL RIGHTS RESERVED
MAIN LEVEL PLAN -
NEW
3.6
10/23/2018SCHEMATIC I
1/31/2019PERMIT
09/17/2018DD I
4
4
3
3
5
5
B
B
D
D
2
2
1
1
C CDWFCCAAAAA
5
1/2"
2
0
'
-
1
"
5
1/2"
1
0
'-
6
1/2"
5
1/2"
3
2
'
-
0
"23'-9"51/2"3'-61/2"51/2"9'-7"51/2"17'-21/2"51/2"1'-0"1'-03/4"8'-01/2"51/2"6'-71/2"51/2"6'-1"51/2"
13'-71/2"51/2"3'-0"51/2"17'-211/16"51/2"5
1/2"
1
9
'
-
1
"
5
1/2"
1
1
'-
5
7/8"
51/2"3'-01/2"51/2"9'-8"51/2"51/2"13'-23/4"51/2"2'-0"31/2"7'-313/16"51/2"5
1/2"
8'
-
7
"
5
1/2"1'-0"6'-0"51/2"25.1
25.1
15.1
15.1
25.225.2
#DrgID#LayID
14.1
14.4
24.2
NEW BAY WINDOW W/ BENCH
GARAGE
100
KITCHEN
104
DINING
103
LIVING
105 MASTER BEDROOM
106
BEDROOM 4
101
PWDR
105
MASTER
BATHROOM
107
MASTER CLOSET
108
BATHROOM 4
102
ENTRY
106 W1
W3
WC
5
1
28.153
5
1
28.153
5128.1535
1
28.153
W2
35.1
35.1
0 2'4'8'SCALE: 1/4" = 1'-0"1 MAIN LEVEL PLAN -NEW
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
ASPEN, CO 81611118 E. LUPINEMTE
1804
ISSUE
PROJECT No:
DRAWN BY:
DRAWING SET
COPYRIGHT 2018 ALIUS DESIGN
CORPS LLC. ALL RIGHTS RESERVED
ROOF PLAN - EXISTING
3.7
10/23/2018SCHEMATIC I
7/1/2019PERMIT
09/17/2018DD IPROPERTY LINEEXIST. SETBACK35.1
35.1
25.1
25.1
15.1
15.1
25.225.2
0 2'4'8'SCALE: 1/4" = 1'-0"1 ROOF PLAN - EXISTING
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
ASPEN, CO 81611118 E. LUPINEMTE
1804
ISSUE
PROJECT No:
DRAWN BY:
DRAWING SET
COPYRIGHT 2018 ALIUS DESIGN
CORPS LLC. ALL RIGHTS RESERVED
ROOF PLAN - NEW
3.8
10/23/2018SCHEMATIC I
7/1/2019PERMIT
09/17/2018DD I
LINE OF EXISTING SETBACKS
COLUMN BELOW
LINE OF PROPOSED SETBACKS
PER VARIANCE REQUEST;
SETBACK LINE PINNED TO FURTHEST EXTENT
OF EXIST. ROOF; SEE SITE PLAN FOR DIMS.
AREA OF NEW ROOF OVER ENTRY PROPOSED;
SEE ELEVATIONS FOR MINOR HEIGHT ADJUSTMENTS
T.O. PLATE @ 108'-5"T.O . PLATE @ 108'-5"PROPERTY LINEEXIST. SETBACKPROPOSED SETBACK ADJUSTMENT PER VARIANCE35.1
35.1
25.1
25.1
15.1
15.1
25.225.2
2.75:12
5:12
5:122.75:12T.O. PLATE @ 111'-0"T.O . PLATE @ 111'-0"0 2'4'8'SCALE: 1/4" = 1'-0"1 ROOF PLAN - NEW
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
ASPEN, CO 81611118 E. LUPINEMTE
1804
ISSUE
PROJECT No:
DRAWN BY:
DRAWING SET
COPYRIGHT 2018 ALIUS DESIGN
CORPS LLC. ALL RIGHTS RESERVED
EAST ELEVATIONS
4.3
10/23/2018SCHEMATIC I
7/1/2019PERMIT
09/17/2018DD I
3 4 5
91'-0"
LOWER LEVEL
91'-0"
LOWER LEVEL
100'-0"
MAIN LEVEL
100'-0"
MAIN LEVEL
108'-5"
ROOF
108'-5"
ROOF
3 4 5
91'-0"
LOWER LEVEL
91'-0"
LOWER LEVEL
100'-0"
MAIN LEVEL
100'-0"
MAIN LEVEL
108'-5"
ROOF
108'-5"
ROOF2'-615/16"11'-63/8"
NEW SIDING
NEW ASPHALT SHINGLES
EXTEND EXISTING CHIMNEY
NEW STONE FACE
LINE OF EXISTING GRADE
TO REMAIN
NEW WINDOWS; SEE SCHEDULE
AREA OF NEW ROOF OVER ENTRY PROPOSED;
SEE ELEVATIONS FOR MINOR HEIGHT ADJUSTMENTS
0 2'4'8'SCALE: 1/4" = 1'-0"1 EAST ELEVATION - EXISTING
0 2'4'8'SCALE: 1/4" = 1'-0"2 EAST ELEVATION - NEW
7/17/2019 Pitkin County Mail - 118 Lupine BOA Applict"on
<®xitvT'v Joanna Schaffner<joannaschaffner@pitkincounty.com>
118 Lupine BOA Application
1 message
Joanna Schaffner <joanna.schaffner@pitkincounty.com> Wed, Jul 17, 2019 at 5:18 PM
To: Michael Edinger <michael@aliusdc.com>
Michael,
I would like you to make certain corrections to your application (Variance Description
Letter and the Variance Narrative), and resub before Friday. Thank you.
1. The property lies WITHIN the UGB, (not outside)
2. The zoning is R -15-A, (not ARA 0)
3. The house was permitted in 1969, the first land use code was in 1955. Therefore,
the house was not "built before these codes existed".
4. The Building permit did not reference a Bd of Adjustment application for variances
from the 1969 land use code. Nor did the Board of Adjustment indexes for 1968 and
1969. Therefore, I assume the house was compliant with the LUC at the time it was
permitted.
5. Please complete the sentence in which you are describing a hardship.
6. You can only ask for a variance for what you are proposing at this time. The BoA will
not vary the setback for the entire lot line.
7. Approval by the BOA does not eliminate non -conformities.
8. Your variance requests will be posted as a 2.5' Side Yard Setback variance and a
10.5' Front Yard setback variance. Let me know if you object to this.
Joanna S. Schaffner
County Planner / Zoning
530 E. Main Street
Suite 205
Aspen, CO 81611
970-920-5105
https:llmall.google.com/mail/u/0?ik=81 ee8Oa58c&view=pt&search=all&permthid=thread-a / 3Ar-6837932614690487062°/u7Cmsg-a%3Ar-3714672148... 1/1
Pitkin County
Board of Adjustment
Minutes
After March 2018, Board of Adjustment Meeting Minutes are only summarized in writing for the
case file, and will not be reviewed or approved by the Board of Adjustment members. A permanent
taped record of the meeting is retained and can be heard by accessing the Pitldn County website
and accessing the Community Development page. Visit Archived Records / Laser Fische-All Public
Documents / Com Dev Folder / BOA Folder / Minutes
August 6th, 2019
Present: Rick Head, James Rifkin, Charley Podolak
Absent: Charles Cunniffe, Seth Hmielowski, Cristof Eigelberger
Staff: Larisa LaLonde, County Planner
Head opened the meeting at 5:27 pm.
10-2019 Charles Attal
118 East Lupine Drive
AKA Lot 8, Block 1, Mountain Valley S/D
Architect, Michael Edinger and contractor, Steve Leu were present requesting a 10.5' Front Yard setback
variance where 30' is required, and a 2.5' Side Yard setback variance where 10' is required to allow
modifications to an existing roofline due to practical circumstances.
Evan Benning of the Mountain Valley HOA was also present to monitor the proceedings but did not
object to the variance request. Edinger submitted the required Affidavit of Posting.
The Board's initial reaction to the request was that they were being asked to allow work that would
increase a non -conformity and they were not in favor of it. But as the Applicant further explained the
history of the property Head came to realize that rezoning which made the setbacks more restrictive was
the cause of the non -conforming status of the existing residence.
Rifkin moved to approve the application as submitted due to the fact no neighbors or the HOA had any
objections to the variance request and due to rezoning which prevented even small modification to the
existing structure in the setback.
Podolak seconded the motion and it passed with a 3-0 vote
Head moved to adjourn the meeting at 6:15 pm.
PUBLIC NOTICE
RE: Front Yard Setback Variance
118 East Lupine Drive
AKA Lot 8, Block 1, Mountain Valley Subdivision
(Case 10-2019)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 6, 2019,
to begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the Maroon Bells
Conference Room, third floor of the Pitkin County Administrative and Sheriff s Office
Building, 530 East Main Street, Aspen, CO before the Pitkin County Board of Adjustment, to
consider an application submitted by Charles Attal, c/o Steve Leu and Michael Edinger, 108
Diamond A Ranch Road, Carbondale, CO 81623. The Applicant is requesting a Front Yard
Setback Variance where 30' is required to allow modifications to the existing roolline. This
parcel contains 17,685 square feet and is located in the R -15-A Zone District. The State Parcel
Identification Number is 273717307028.
For further information contact Joanna Schaffner at the Pitkin Community Development
Department, (970) 920-5105.
Pitkin County Board of Adjustment
Published in The Aspen Times on July 23, 2019
Pitkin County Account No. 002.02
AGENDA
PITKIN COUNTY BOARD OF ADJUSTMENT
August 6, 2019
NEW BUSINESS
Case 08-2019 Aspen Hideaways, LLC
West Aspen Mountain Condo Assoc.
Norton Capitol Partners LLLP.
333 & 335 South Second Street, Aspen
Requesting a 2' Height variance where 6' is the maximum height allowed for driveway related
improvements due to topographic hardships. The parcels contain 39,262 sf and is zoned R-15.
Case 09-2019 Difficult, LLC
10 & 90 Popcorn Lane
Units 1 and 2, Mountain High Condominiums
Requesting Height Variances up to 18" where 30" is the maximum height allowed for grade
changes within required setbacks. Variances are needed to construct a debris flow mitigation
device and swale due to topographic and geologic hardships. The lots contain 3.081 acres and is
zoned AR -10.
Case 10-2019 Charles Attal
118 East Lupine Drive
AKA Lot 8, Block 1, Mountain Valley S/D
Requesting a 10.5' Front Yard setback variance where 30' is required, and a 2.5' Side Yard
Setback variance where 10' is required, to allow modifications to an existing roofline due to
practical circumstances. This parcel contains 17,685 sf and is zoned R -15-A.
MINUTES
Reminder: Minutes are no longer transcribed and reviewed by the Board of Adjustment. Let me know if you are
interested in reviewing the Minutes of a particular meeting. Audio tapes are available.
Reach me at 920-5105 or at joanna.schaffner@pitkincounty.com.
Permit Receipt
Date:Name:
Project Address:
7/23/2019
Permit Number Fee Description Amount
checkType:# 1208
RECEIPT NUMBER 00046224
118 E LUPINE DR
Alius Design Corps LLC
PITKIN COUNTY COMMUNITY DEVELOPMENT
0010.2019.PBOA PP- Board of Adjustment Fee 648.00
648.00Total: