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Paul Krausch moved that the following be adopted:
BEFORE THE BOARD OF ADJUSTA2ENT
OF THE COUNTY OF PITKIN
STATE OF COLORADO
RESOLUTION N0 . 3 2 - 7
Robert Nicols~, Lot R1O1, Starwood 16
WHEREAS, the subject property is within the unincorporated area of Pitkin
County, Colorado; and,
WHEREA:~, 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--118(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
90' frontyard setback variance for construction of a single family
residence
Additional conditions or restrictions:
Pending approval from the Starwood Homeowners Association Architectural
Committee
WARNING: Any violation of the terms of this resolution may result in rehearing
and possible revocation.
Kandi Shaf f ranseconded the adoption of the foregoing Resolution. The roll
having been called, the vote was as follows:
Clark Smyth - yes
T~andi Shaffran - yes
Paul Krausch - yes
Bob Throm - yes
Evan ~~ull - yes
The Resolution was adopted by vote of the Board of Adjustment of the County
of Pitkin, State of Colorado.
DATED: Ap ri 1 2 7, 1982 The Board of Adjustment of Pitkin
County, Colorado
Attest:
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`, ,;_~ ~ Chairman ,,, „,,,~
~, . ..:
Secr tary ' '" -'
APP• T
0 BOARD OF ADJUSTIIEPlT
County of Pitkin
Pate _~z ri 1 12 19 82
c/o
Applicant Robert Nicols Address
c/o
Owner Susan Seel Address
Location of Property Lot R 101, Starwood 16, Pitk~
Case ~ ~sZ- ~
Herbert S. Kl~i~~
201 N. Mill, Aspen, CO 81611
Albert Kern
430 E. H~~.man, Aspen, CO 81611
1 County, Colorado
- (Attached)
Any pertinent data must accompany this application, and will be made a part of this
Case No.
The Board may return this application if it does not contain all the facts in question.
Applicant's description of proposed variance showing justification:
_ Applicant requests a front yard setback variance from the 100'
setback required by the AF-1 zone designation to 10' as necessary
to mitigate topographic hardships. The parcel is very steep and
has only one area suitable for building. The design of the house
within this area requires a setback of 10' for the front yard.
Please see site plan attached. The property has been adversely
impacted by the imposition of the AF-1 zone designation on this
parcel subsequent to the time it was platted. Neighboring property
owners and the Architectural Control Committee of the Starwood
Homeowners' Association have agreed that this setback variance is
appropriate.
The applicant,~'ia a contract for purchase of the property from the ~~-
owner and a thority from the owner to pursue this application.
By
H ext~ S. Klein
At`ney-in-Fact for ~~Appl icant Signature
• Robert Nicols
Provisions of the zoning resolution requiring the Building Inspector to forward this
applaication to the Boa d.of Adjustor nt and easor~ for not granting a building ~r it:
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Bui 1 di ng Insp. Si gnature~~,~'.~:~~=. ~~~.~
Date permit rejected: ~ /~~----- Board Decision
Application Filed:
Mailed:
Date:
Secretary, Board of Adjustment J
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ADJACENT PROPERTY OYtNERS
Owner Address
Hartrich, James P.O. Box 10940
Hartrich, Carole F. Aspen, CO 81612
Schumann, W. Ford P.O. Box 4067
Aspen, CO 81612
Stein, A4arjorie B. P.O. Box 1047
Aspen, CO 81612
Parcel
R-100
Starwood 16
R-74
R-75
R-79
Starwood 11
Metes & Bounds
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No. 46926
County Treasurer's Office, Pitkin County, Colo.
Aspen, Colo.,
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By
THE C. E. HDECNEL C~., DENVER
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nOLLARS
Treasurer
.Deputy
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BOARD Cir ADJUST?,ilsiVT
April ?.7, 1982
~Iernbers Present: Clark Sn!yth, Acti.ug Chairman
]Candi Shafl~ran
Paul Y.rau~~ch
Bob Tlirc,;n
Evan Gul_1_
Clark Sm~;th c~cl_]ed th^ mcci.ing to order. first. matt.c~r at hand ~x;as
to approve thc~ miuutcs from the last mectiug. I~,'van E:ull moved
to approve the minutes, Boh 'i'hram second the motion. All in favor,
the mot ion was patisE,d.
Robc,rt Nicols= Lot 8701, Stax•v:ood lE~, Pitki_n_ County 82-7
requestini; a fl0' frontyard setback variance 1'or construction of a
single family residence. Herb Klein was t:hc~re to request the
variance. He e~:plai!ied that there was a 100' front.yard setback
at the present time. createci.by the r!~cent mooning after the lot
wa;~ plotted. 7'he lot is steep and has only one buildab]e area.
Klein pointed out the tope lines on the p]ot plan. '1'1!e access
,road is Eppley Drive. Klein pointod out where the 100' setback
would place the house, which is a uon-buildable area. He stated
that the Starwood Homeowners Association Architectural Committee
has given the preliminary approval for the site, but ~aerc.• waiting
for ~. formal mectin,r;. At this time a formal meeting; has not been
made due to a quorarn problem. Rlc>in s:: r; r,; sled that the isoa?•d
could €;ive approval. coatiger!t to formal approval from the Starwood
Homeowners Architectural Committee.
Smyth pointod out another sec:tiorx of the land and questioned
tti~hat was there. Klein rep]icd it was the same kind oC terrain
and the owner t:~as determining if a fool could be p].acc~d un the
l.ot due to a drainage proble!n. Smptri quc-.stioned ii the land
falls 30'. Klein replied that it did. Smyth stated that the
buildable area n~as not flat, but less steep. Klein a;-reecl.
There were no objections from the r,eic;~hbers. Throm stet<.d that
it a~as a classic case of topor,~ri:ph~°. Gull stated that it .vas
a bettor plan than blowing the hillside up. P.a~ul I;r..~.usc:r motioned
that due to the tol?or;raphical ha-rdships of the lot and the do~~:n-
zoniug~ of the property that. they grant tlxe variance pond ~!!;; final
approcal from tht~ Starwood Homeowners As<::~ci_ation Architactura]_
Comnuttee. Kandi Shaffran second the motion. All in favor,
hfotion carried.
I~,lecainm was adjourned.
Respectfully submitted,
//~
U Chairman-~`~- -----
~vo. 4 6 9 2 6 ~ ~ $ ~~ ~db---
County Treasurer's Office, Pitkin County, Colo.
Aspen, Colo., ~ ~ ~ ~-~ ~ qC.~
~Rrr~e'up~ of h5~ 4~ ~~i r1, c ~ ~ ~ 1P _
-~~~+~ ~~ end ~ ~ ~ ~ ~ ~ - _
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Account off"
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Credit to Fund.
~~~ _ ~~~~ _Treasurer
By ~~ Deputy
TNF C. F. NUELK EL C~i., DENVER
LARGE PLAT(S)
AVAILABLE TO VIEW AT
COMMUNITY DEVELOPMENT
AVAILABLE TO BUY AT
CLERK & RECORDER