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Home My WebLink Aboutpitkin.boa.82.05• • Bil 1 Lukesmoved that the following be adopted: BEFORE THE BOARD OF ADJUSTA4ENT OF THE COUNTY OF PITKIN STATE OF COLORADO RESOLUTION NO. 82-5 Julies Toth, Jr., Elk Mountain Subdivision WHEREAS, the subject property is within the unincorporated area of Pitkin County, Colorado; and, WHEREAS, the Board of Adjustment is vested with the Hower to grant or deny such variances by virtue of Title II, Section 16-1.3, Pitkin County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-28-11x(2) (C); and, WHEREAS, based on the evidence presented, the Board of Adjustment makes the following findings: 1. Proper notice procedures, including the notification of all adjorninq property owners, has 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 welfare and will not substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, THEREFORE, BE IT RESOLVED that the applicant's request for a 75' frontyard setback variance, a 25' sideyard variance from the South a 5' sideyard variance from the North and a 15' rearyard variance for Additional conditions or restrictions: construction of new residence. a 70' frontyard variance, 10' rearyard variance and a 25' sideyard variances would be allowed. P7ARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. Evan Gu 1 1 seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Bill Mason - yes Joe Zanin - yes Bill Lukes - yes Evan Gull - yes Bob Throm - yes The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: March 30, 1982 Attest: ' Sectary The Board o Adjustment of itkin County, C o ado .,. Chairman ~ J , {~ ~. „ , . „ ~PPCAL TO COARD CF ADJUSTf•1CtlT• flat? February 8, ig82 • Applicant Robin L. Little County of Pitkin Case # ~ `z- -- s Address 502 Main, .Carbondale, CO 81623 V/rnEr ~ JulluS. Toth . )r. • Address 527 16th St. Derwer, CO 80202 Location of Property Elk Mountain Subdivision in the SE4NW4 and NE4SW4 of Section 20, Township 10S Range 88!N of the Sixth Princi;~al Meridian in Pitkin County, Colorad .. Lot. 46. Attached) Any pertinent data ;nest accompany this application, and wi11 be made a ,part of this Case tdo. Tt-e: 3oard may re~urn this application if it does not contain all tt;e facts in question. Applicant's description of proposed variance shop;ing justification: Preser~t I'itkir~ County rec;ulations require a minimum of one 6lundred (100) feet betweer3 wells and sewage disposal systems; this lot seems capable of meeting tl~lose• 'requirements, The Elk Mountai~- Subdivision was recorded July 28, 1964 as Document No. 118345 is~ the record's of Pitkin County Colorado. Fecent zoninry changes have desinr~ated the area as AF-1. However since the subdivision was established prior to the zoninc; changes, I am a~peali~r to the Board of Adjustments for a setback • variance.. The c~rGntinca of a. setback variance .would allow the construction of a . single family dweFli.ng. I am askinq..for a setback of •25 feet from the front lot line, a setback of 5 feet #'rom the North side lot line, a setback of 15 feet from the rear lot line, and a setback of 25 feet from the South side lot line. • ,1 . - ~ ' .Applicant Signature „~~,, ~~~~f ~z~-Z--/ ~. - _ ~ Pro:~isions of the zoning resolution reyuiri~~y the Building Inspector to forti•rard this • . application to the board of Adjustment and reason for t ranting a building permit: y~ ~ r / _ • y~ ~~., `~-~`"l ~i~ - h~ ~c_ z //!~ ,,; - s~~~_~ ~ j~ S~ <~,~ ~- ~ /riot ~` ,'~-P . ~ // • '~_~d`-{'a ~ -'~- .`~ ~ ~ '--ct d ~if~~-0~,~2t~ ~ ~rt..~ ~c6K ~°cGC~u ~° e• ~/~ x ~~ GX'E-?'X' • i;-%r~~ .~-i~t;~~-.~`~- .,~~C~. ~ 8ui]ding InsN. Sinnature ~~ - `~~.~ ~J ,3-c ~ +~- -CU ct_z_c_,1~ Oate permit rejected; ~~ ~~ ~` ,Board Decision ~ Application Filed: t•Sa i l ed : . ~... o .~ F ~~__ ~tAR~~3 ~~~, y~,y~.~-- ~ __ ~ ~ . PfTKIN CGllf'~7~; ~. 1Y G~J'~ bra:. • ~ Date: Secretary, i3oard of Adjustment . \ • •~/ • • Property Owners Adjacent to Lot 46, Elk Mountain Subdivision ~~O Lot 45 Colomo Inc. ~~" ~ ~ ~o"L c/o Larry Mincer Glenwood Springs, CO 81601 Lot 47 Macy and Richard Evans 1740 Applewood Ridge Court Colorado Springs, CO 80907 Lot 52 Gladys Kirk Lloyd c/o Star Oil Company Inc. 2600 Mercantile National Bank Building Dallas, TX 75202 Lot 51 George Hill P.O. Box 225 Basalt, CO 81621 ~,.,,,,.,y~ ,~ .~ . - ~- t--- - yan.. 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U _ ~ a` o i : s., ,L ~` .' ~ ~ ~ ,~ a s +` 4 B 1 d / • r ~ .~:-~+ it oar + ~ ~ ~ ~ A / ~ '~ L o 4 ~ Vr wi ~ o a f v e.+ ~ : V 9 ~ , C + ` Z a; +• ~ i °• ~ l~ ~ ° ~ i •f ~' ri l 1 O O ~ ~' ~ c ~ O a • ~ O +" - .`, ~` °y 9 ~~'•s ~ ~A -~ o ~ ~~ • o j~ ~ " ~o t ~`- ° / ~Y ,~ •• ~ L ' ~°° '~ ~ _a sea ~ ` .°[ ., ~ - _. ea oc ~ .~ 2'~6 a7 ~% e6'd5' SO' yy MAP O,~ ELK MDUNTA/N SUS P~rK~ti' ~ouwrr, cc SC~~E i iti~r+ S~ 5 HF ~ T ~ ~~ _ .~ ,~~,...~ ~y ~.. ~ ~_ 7~ ~( ~;~ ~~ , ~ ~J ~ ~ ~_- ` .~ C ~ ,. ~ ~ No 46482 County Treasurer's Office, Pitkin County, Colo. Aspen, Colo., /~ ~/~ p~.~~ -~~ r ~~reive~- of _ ~ f.~ ,~~ i ~~ G' Account of Credit to TMF C. F NDE CK EL Cri.. DENVER Fund. s ~'~ Y ~~%'~r . 19~~ :DOLLARS Treasure Deput: 1 r .r~ IRi~ r ~ ~ ~ >~ • ~ ~: 7 ~ ~r. • .. ry L ~~- ~~ l ~ c ~'~- L l ~'.a/ ~ ~1 T../ ~'/` ~ ~ tI ~ / ~~ - ~ - - ~ C' 1_ i J -~ l ~ -~ ~~) - ~_ ~ -, r ~, - / G . G ~ / L 1. B ~ ` L .Z..\. _ •-<-_ L. ~ t1- ~~ /'- ~ ~ \ _ / ~ ~. ~% / ` ( `~ GC l P'~ ~RAOFORO IUa(.IDNING CO., OlNVER I~EC4RD DE PR4CEEDIIJGS BOARD OF ADJUSTMENT March 30, 1982 Members Present: Associates:. Bill Mason, Chairman Joe Zanin ' Robert Throm Evan Gull Bill Lukes Bill T4ason opened the meeting, He questioned the members if they had any corrections for the minutes from the last meeting. Bill Lukes moved to approve the minutes as typed, Bob Throm second the motion. ary/Leslie Jochum, Lot A-9, Redstone Ranch '82-2 requesting a 25` rearyard setback variance and a 20` sideyard setback variance to construct a garage, Gary Jochum was there to request this variance from the Board. He stated that he was zoned AF-1 with a skinny lot which drops sharply off. Patsy Newbury stated that originally the lot was zoned AF-3 which required only a 50' setback, There was a sign up on the property. There were no objections in the file from the adjacent property owners. Approval had been given to the owner from the Redstone Ranch Acres. This information is in the minutes. :.4ason requested that a letter be given from this association to be put in the file. Jochum stated that he was not in violation of the Redstone Ranch Acres covenance. Throm questioned whether there was contour on the back of the lot or if the owner had a contour map, The owner did not have one, Joe Zanin motioned to grant a 25' rear- yard setback and a 20' sideyard setback due to downzoning, Bob Throm second the motion, All in favor, motion passed. Stephen 14cDonald, Lot 4, Block 1, Airport Business Center 82-3 requesting a 20' frontyard setback variance for construction of a workshop, blelinda Pearson was there to represent the owner. She pointed out the main entrance of the Airport Business Center and the location of the subject property. `9hen the access is placed in the safest location, it creates a frontyard setback requirement of 30'. Therefore, a variance is needed for the frontyard. Newbury stated that the owner actually had two problems. Part of the property is zoned AF-1 and the other is B-2, The first 100' is zoned AF-1. The division of the zoning creates unusual setbacks. John 114cBride was there and he stated that he felt this was the most logical solution. Mason agreed that it seemed the best solution. Newbury agreed that it was the safest way to take access. Newbury st~.ted that the lot was very small and this was the best use of the property. Evan Gul]. questioned if parking was allowed in the AF-1 zone. Newbury answered that that was under discussion, although she felt that the first 100' could not be used for parking but the second 100' could be used. Mason agreed. Bill Lukes felt that it was a reasonable use and lie moved to approve the 20' frontyard variance based on the irregular shape of the lot. Bob Throm second the motion. The vote of four for and one against. Motion passed, ~" •11A D/ORD rUE L19MINC CU.. DENV[i! ~ ~ ~ ~ ~ ~ ~/ ~ ~ ~ ~ ~ ~ ~. Page 2 Board of Adjustment March 30, 1982 Terry/Conni.e Orcutt, 7845 Highway 82, Basalt 82-4 requesting a 13' sideyard setback variance and a 78.5' frontyard setback variance to construct an addition to the existins~ residence. Terry Orcutt was there to present his case to the Board, He ex- plained that where the existing house is placed that it is in violation of the current zoning. The frontyard variance is so they can go forward into the eixsting space to create some solar petentials. A garage would be placed on the side requiring the sideyard setback. He asked the Board if he should get a variance for the existing structure that is in the setback area. ~,iason replied that he did not. Orcutt stated that he had contacted all the neighbors and there were no objections. Lukes questioned the distance of the existing house from the property line. Orcutt staffed that it was close to 30'~, Mason questioned if this was a case of downzoning, Newbury replied that originally it was zoned R-15, but then it was changed to AF-2. No~4 it is AF-l. I14ason questioned where the access was. Orcutt pointed it out to P,iason, Gull questioned the various setbacks in relation to the various zones. He was trying to relate it if it was a conforming lot because it seems to be pushing close in the front, Mason questioned what the setbacks are in the covenance, Orcutt stated that the covenance stated 10' on the sides but he was unsure about the front and rear, Lukes questioned what hardship catagory this would fall under. Throm and Mason felt it would be downzoning. Gull stated that he had a problem with being more lenient than the zoning would be if properly zoned. He was trying to equate it to what if would have been if properly zoned, fIe was concerned about the amount requested for the frontyard variance, Throm felt that the existing house dictated where the addition could go and he moved to grant the variance request due to downzoning, Newbury stated that the request was keeping with the existing things there. Lukes was concerned about how much variance was requested and what was approporiate. T~iason agreed that just because it was downzoned there is an amount of variance that would be out of line. In this case Mason felt that what was requested would not be out of line and would not hurt the area. Lukes agreed in this case but he thought that it was important that the Board should have a logical framework to put the numbers into. Lukes then second the motion, Vote was four for and one against, D4otion was passed, Julius Toth Jr., Elk 'Mountain S/D 82-5 requesting a 75' frontyard setback variance, a 25' sideyard variance from the South, a 5' sideyard variance from the North and a 15' rearyard variance setback for the construction of a single family residence. :;.obin Little was there to represent the owner. She stated that the setback variances were necessary to make the lot buildable. Also, the lot was re-zoned to AF-1 which requires a 100' frontyard setback, which would place the structure in another persons property, Newbury confirmed that these were small lots. vewbury read from the local covenance regarding the setbacks. "No building on any lot shall be located nearer than 30' to the front lot line that being the lot line being that side of Elk Mountain Drive. Or nearer than 15' to a side lot line adjacent to the road or drive, roadway or land outside the subdivision boundary, No building shall be located nearer than 30' to the rear lot line or nearer than 5' to any interior lot line meaning that one that is adjacent to," Little pointed out that the next paragraph stated that the corporation can make it 25' frontyard instead of 30', -~ • J •RAOFORD FLIBLI9NING CA , OlNVCR R E C O R D O F ~ R O C~~ D~ N G S Page 3 Board of Adjustment ~ ~ rrlarch 30, 1982 Newbury read from the covenance pointing out that it states ,. "no such waiver shall permit any building to be located nearer than 25' to the frontyard lot line or neareY• than 15' to the rear lot line. Mason questioned if this h Little replied that the corporati Larry Mincer is a representative speak with him regarding the matt did not apply to this property, always followed the covenance bef had never been considered. Throm of the lot. Little replied that locate the structure on the north sun. Lukes stated that the Board considering that there are not an if the variance granted would con agreed. Gull had no problem with stated that he would feel very co ad been approved by the corporation. on does not have any officers, of the corporation and she did er and he felt that the covenance Lukes stated that the Board had ore and the issue of a corporation questioned about the contour it had a slope and they wanted to part of the lot to get maximum wouldn't be unduly restrictive, y specific design requirements, form to the covenance. Ialason going with the covenance. Lukes nfortable with the 20' rearyard and 30 frontyard. Little did not see a problem with that. Lukes motioned that, because of downzon~{,variance of 70' frontyard, 10' variance in rearyard and a 25' sideyard variance be granted. Pdewbury mentioned that she had spoke with the County Attorney about doing a blanket variance to cover this subdivision and the County Attorney stated that each lot had to be handled separately, Evan Gull second the motion, Vote was taken, all in favor, Constance/David TZarlow, Lot 4, Block 3, Filing 2, Little Elk Creek 82--6 requesting an additional 6.5' frontyard setback variance for an addition on existing residence, Andy A4ode11 was there to represent the owners. He explained that in June, 1980, the T;4arlows came before the Board of Adjustment and requested a 30' variance for the addition. Since then they have put together architectual plans and found that an extra 6,5' was necessary for extra storage, The addition would be a garage, storage and a stall for the auto- mobile, Vo living space at all. The living area would be in the area contained within the original 30' setback granted. No objections from adjacent property owners. idason questioned the hard- ship. Modell stated that the problem before was the location of the house in~relation with the high water table and irrigation ditches. Throm stated that would be a topography hardship. Lukes wanted to know why the addition was not planned to fit into the space of the original variance granted, Modell explained that they tried to, but at the time there was no plans and did not realize the ad- ditional space would be necessary. A copy of the original case was given to the members. Throm stated that if the Board granted a variance for 30' for topography it would seem logical to grant a variance for an additional 6,5' under the same hardship and Bob Throm moved to grant the variance on the basis of the topography hardship. Bill Lukes second the motion. Vote was called for. All was in favor, motion passed. Meeting was adjourned, Respectfully submitted, r~ ~l dC.y. li ~ Secretary! ~L /~~ `-Chairman / ~/ ~vo.' 46482. _ ~ ~ car County Treasurer's Office, Pitkin ~~~ ' County, Colo. ;'~ Aspen, Colo., ~~ '~~' ~ 9~~ ----- :DOLLARS Account of Credit toy Fund. ~~'~ ~ BY. ~' r // .Treasurer - Deputy LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER