HomeMy WebLinkAboutpitkin.boa.82.12•
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Location of F;operty `J/~/ ~~`~~-_
{AttacheC)
Jtny pertiner-~~ data must accompany this ap,lication, and wi11 be made a ,part of this
Case too.
~`fhe 3oard may return this application if it does not contain all the facts in question.
9';ppl icanr's description or proposed variance shoY;ing justification:
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Pro:~isior„ of the _~on;:S resolution reyuiri;ry the Building. Inspector to for~•rard this
. appli~c%/anon to the Board~of Adjustment and/ reas-on/, for not. granting /a bu/r~l~~S~~{`ing peermit:
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Replication Filed:
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Date:
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No. 4'7654
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County Treasurer's Office, Pitkin County, Colo.
Aspen, Colo. ~ ~ ~ ~ ~ 19 ~ ~-
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By `I X ~
TNF C. F NO ECK EL C~. DENVER
COUNTY TREASUREr.
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MAY 14 1982 ~ '1 ~~~'
P~r-c,v couNrr
~n~ co~ow~oo ai6u
Treasurer
Deputy
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BRADFORD PURLIB HING CO., DENVCR
RECORD OF PROCEEDINGS
BOARD OF ADJUSTP~ZLNT
May 25, 1982
Members Present:
Alternates
Bill A4ason, Chairman
Dottie Fox
Joe Zanin
Clark Smyth
Bob Throm
Bill Lukes
Evan Gull
Kandi Shaffran
Meeting was called to order by Bill rdason, Chairman. He asked
the Board if there was any questions about the minutes from the
last meeting and, if not, was there a motion to approve the minutes.
Bob Throm motioned to approve the minutes. Evan Gull second the
motion. All in favor. Mason questioned if there was any other
business that needed attention. Mrs. Horowitz was there to see
if a special meeting could be called for her project, which was
delayed and unable to make this meeting, `.4ason stated that the
variance request could not be heard this evening due to the fact
there was a lack of information available. Iie stated that if a
large amount of cases came in for hearing within the next week or
so they would have a special meeting. However, at that time,
no application 5 had been submitted so whe would have to wait until
"the next meeting, which would be June 29, 1982.
John Bruegger, Lot 3, Block 2, 3rd Filing, Gateway of Snowmass 82-7
requesting a 31' frontyard setback variance for construction of
a solar greenhouse. John Bruegger was there to represent himself.
He stated that he wanted to extend a deck that is presently there
9 feet and put in glass for a greenhouse underneath. ~Yhen the
present house was built the setback was 75 feet and now has been
designated 100 feet. He showed a photo to the members showing the
house up on the hill and not directly on the roadway, rvlason
questioned how the County regulated where the setbacks were. Patsy
Newbury, Building Inspector, stated that they went by the survey.
Smyth stated that from the road the greenhouse would not be in
signt. Bruegger agreed that the work would be hidden. "7ason
stated that there was no objections from the adjacent property
owners. Dottie Fox stated that there was a sign on the property and
she felt that the spot Bruegger had chosen was excellent. Clark
Smyth motioned, due to downzoning, and solar reason if needed,
that the Board grant the variance. Bill Lukes second the motion.
Vote was taken. All in favor.
Phil Rapp, Crystal View Heights S/D, Highway 133, Carbondale, 82-8
requesting a 50 foot frontyard setback for construction of a new
single family residence. Terry and Jane Vogel was there to represent:
Mr. Rapp. Vogel stated that an irrigation ditch that ran through
the property created a problem for placing the residence. Further
over on the property construction is not allowed. C~hich left
Vogel with the section of property which would put him within his
setbacks. Iie stated that originally the property was unzoned.
FIe pointed out a natural drai.na~;e ditch which he wanted to stay
away from. Mason stated that he had discussed the situation
with PJewbury and that the Building Department was aware of all the
•
•RADFORD PUOLIBHING CO., DENVER R E C O R D O F P R O C E E D I N G S
Page 2 Board of Adjustment May 25} 1982
ditches on the property and she felt that this was the only buildable
area on the property. He stated that it was another case
of downzoning. Throm questioned why the ower could not build in back
of the proposed site. Newbury answered that it was a subdivision
regulation. Fox questioned if there was a topographical dropoff.
Vogel pointed out the layout of the property, Fox verified that
there was a 50' setback need on the front and an 8' setback on the
sid2. Vogel stated that was correct, Smyth stated that he was
confused about the drainages. Vogel pointed out the natural
drainage to Smyth. Vogel stated that 47.5 was exactly what he
needed on the front for a setback, Lukes questioned about the
original zoning or normal zoning for that subdivision, Newbury
stated that it was unzoned at time of subdivision, Fox questioned
about checking the covenance of the subdivision and Newbury answered
that there was no covenance, Lukes was concerned about previous
decisions made in relation to prior zoning standards and how to
determine the amount now in question, Vogel told the Board that
this was an earth Sheltered home, r,4ason stated that there was no
objections from the adjacent property owners. Fox motioned that
the variance be granted for 47.5 foot frontyard setback variance and
an 8'foot sideyard setback variance due to the topographical
configuration of land and the fact that there is drainage and because
of the downzoning. Joe Zanin second the motion, Vote was called
for and all was in favor,
Stutsman-Gerbaz, Inc., State Highway 82 82-9
requesting a 3 foot sideyard setback variance to construct an
addition. Dick Stutsman was there to represent Stutsman-Gerbaz.
He explained that they wanted to extend 28 feet on the end of
the existing building and on the back side for the proposed addition
of 1950 square feet. It would look the same as the building does
now. Mason stated that the existing building was built prior
to the 200 foot setback now in effect, ..^,4ason commended the owners
for keeping the property in such good shape, Smyth questioned
what the topographic consideration on the property mentioned on
the application was, Stutsman stated that if they built behind
the property there was a steep embankment that would need to be cut
into. Smyth asked about the other end and was told that there
was a firestation on that end, Lukes questioned what necessitates
the amount of variance requested, Stutsman answered that the amount
was determined by the length of the vehicles to be 'stored. Gull
stated that a variance would be necessary from the 200 foot, .
frontyard setback and also the sideyard setback, The application
had to get a special review from P,i I, because it was a noncon-
forming. It was stated that approval by the County was contigent
upon receiving the variance requested from the Board of Adjustment.
Throm questioned if the firestation was there when Stutsman originally
built the structure. He was told it was not, but had been built
after the 200 foot setback was brout ht into effect, Throm verified
that the 200 foot setback was a downzonin lle was told that was
correct. Throm motioned to approve the variances as a downzonin;
matter on the front and a topographical hardship on the sideyard,
Iiandi Shaffran second the motion. Vote was called i'or. all in favor.
~ ,
lRADFORD PURLIBHIHG CO., DCHVCR R E C O R D O F P R O C E E D I N G S
Page 3 Board of Adjustment May 25, 1982
Stuart B. Duncan, 1246 Gateway Rd., Lot 19; Block 1, Filing 1
Gateway of Snowmass Mesa S/D 82-10
requesting an 80 foot frontyard setback variance and a 6 foot
rearyard setback variance to construct a two-car garage. Stuart
Duncan was representing himself. Duncan stated that this was the
only flat spot on the lot. He passed out photographs to the members
to show how the property looked and where his house and drive was.
He stated that the drive had always been in that location with a
parking area at the end and he had always intended to build a
garage there. Fox stated that she visited the site and felt it
was the only feasible area to build. Fox also pointed out there
was a bank that would hide the driveway, Fox questioned the zoning.
Newbury stated that on the back part of Gateway it is RS-30 and on
the front if is AF-l, 114ason stated there was no objections from the
adjacent property owners. Fox motioned to approve the variance
because of topographical hardship of 80 feet on the frontyard and
6 feet on the rearyard. Clark Smyth second the motion. Vote was
called for. All in favor,
Gene Bishop, 0194 Pacific Ave, Service Area 6, ABC 82-11
requesting a 7 foot sideyard setback variance for third floor exit
balcony and stairway. llerb Paddock ~.nd Nassar Sedaghi was there
to represent Gene Bishop, Smyth abstained from voting due to the
fact he is affiliated with the A,B,C., Paddock stated that the
setback was necessary on the south side of the building to accommodate
the placement of an exterior balcony and stairway, This is a re-
quired exit and stairway, This balcony would be to accommodate
the employee unit that will be on the end of the building. Smyth
verified that the building was under construction at this time,
Paddock said that was correct, however, this appendage was not
under construction at this time. Smyth questioned if there was
a building permit for this and where the stairway was originally
shown. It was determined that the building permit was issued with
the stairway in a location that would not require a variance, Lukes
questioned what the hardship was. Paddock stated that there
was not really a hardship, ho~~~ever, this was necessary to maintain
the proper amount of parking spaces and to accommodate the third
floor balcony. Lukes stated that without a hardship he did not
know what basis to grant a variance on. Mason explained to the
applicants that what they defined as a hardship, which was a
hardship for them, was not the type of hardship with which the
Board could work with. Nassar Sedaghi stated to the Board that without
the variance the building woulcl suffer aesthetically. Throm
questioned Sedaghi about the elevation of the building and the grade
across the property. Sedaghi explained the property to Throm.
Throm suggested another location for the balcony, however, Sedaghi
stated that would mess up the living room of the lower apartment.
Throm questioned if there was another solution. Sedaghi stated
that one set of steps could go down into a parking space. Smyth
agreed that the stairway was better the way Sedaghi proposed, but
he was unsure for what grounds the Board might have for approving
the request. Gull questioned Newbury why 2 exits was necessary
and she replied because of floor area. Throm questioned if the
parking space was not available would they be short required parking
spaces. Sedaghi. stated there was ample parkinm,. Sedaghi explained
that i.f the stairs go in the other location available it will become
a hardship for the apartment below, blocking the view. Fox explained
that the concept made sense, but the Board was having trouble coming
up with a hardship. Fox questioned if there was any solar aspects
to the construction. Sedaghi stated there was not. Lukes suggested
there was another solution even thot.igh it was not as comf'ortabl.e
for the owner. Smyth agreed that there was other ways of doing it.
~ ~
BRADFORD FUBLI9HIN6 CO.. DENVER
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R E C O R D O F P R O C E E D I N G S
Page 4 Board of Adjustment H4ay 25, 182
Smyth stated that if the building was new there might be a chance
of granting the variance, Sedaghi suggested that since the building
was already there, that could be used as a hardship, ',4ason enter-
tained a motion to either grant or deny the variance request.
Kandi Shaffran moved to deny the app]_ication based on the fact
that there is not a hardship that the Board can use to grant
the variance. Bill Lukes second the motion. Vote was called for,
all in favor.
PQeeting was adjourned.
Respectfully submitted,
Secretary
_ ~j ~' `rte c~.o r/,, ti
Chairman
No 4'7654
County Treasurer's Office, Pitkin County, Colo. ~ f ~ Z
-~~ 19--
. Aspen, Colo.
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Credit t~
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By ~I `~
Treasurer
T~eputy
THE C. F. HOECK EL C~. DEvV ER
LARGE PLAT(S)
AVAILABLE TO VIEW AT
COMMUNITY DEVELOPMENT
AVAILABLE TO BUY AT
CLERK & RECORDER