HomeMy WebLinkAboutpitkin.boa.82.26DOt t le FOX ~~'=!'~ r ,i t.hat i_hc f of l c;tai.rlc, },~ ; FlrviOj ~i-.c.~c`l
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S'P.AZ'F, OF COLOI2AU0
n~~sc)LU';'r.or; ,~;a, 82-26
Thomas Walsh, Bill Creek Road
t-?':I;Fti,k-.;,, tn~, <~u},_ject rzcs.~erty is within the urli.ncorpo.rated area of Pii~},in
Cc:,ant~~, CoSo,.a<;o; a.nd.,
P7IIf,'F.?'' r, i:he K~,ard of yid ir:st~aant is vested ~f~i *h the Hower to grant. or d~r:y
suc'~ ~ra.rtar.c:c;s by v~rt~7e of T:it].e I1, Section 1.6-1..3, Pit}ci.n Cour:ty Co.9c
{LaZ:ca Use C~~d.~~) a.id Colc_-ado R~.vised Statute:; , ] 973 , 30-7.8--113 (2) (C; ; arzd ,
P~,~I'^T;,'.S, based c-n the e:vi.dence presented, t}ze Board of Adjustrten*.: mike:-, the
~ollo~~ai_ny Find ~ nc;
1. F~rot;Fr notice Urocodures, includinc1 {p}ie notification of all adjorninq
I~ropc~rty owr.c.r.s, }tias been shown by thy: applicant:.
7_. ~i'rie required hardshiti~ or practical cliff.iculty has been estr±bl.ished.
3. Gr~~ntinn such relief will not cause su~astantial d~trir~:~nt t:u t'ze
public c~;elfare ~~nd will .got substant::i.al ]_y impair the intent acid.
rurpcse of the .~~o7ling F.esolutions and the oniug maps.
NOt^7, TrIEFF:=iPOicE, BE IT RLSOLVEL that the applican't's reauPst fer a
a 95' frontyard setback variance for construction of home and garage
A;3dit.ional cor>ditions or restrictions:
G":AFi~TPIG: Any vio]_ation of th~^ tF,rms of this resolution may re:~l~.?_t in rr_~Ilaring
and possible revocation.
Paul Krausch seconded the adopti.or~ of thcz fo.re~oi7iq Resolution. Tide roll
}1a:d17?cJ been c Mlle(:, `:_Y]e VC),`'C Wa;; aS 1'-C>11_gwS:
Paul Krausch - yes Joe Zanin - yes
Dottie Fox - yes Bill Pdason - yes
Kandi Shaffran - yes
The= Rf~sol~zt~on eaa~ :x~apceu }1•/ vote of t:}z<_: i3rJC'YCi r+f Adju~;+:~+aera o:P %:1 C2 C~>uraa~y
of. I'i.i.kin, SLac:~ of Cc~lo~-~.do.
I;A`.1t:U: August 31, 1982 7'Yie F>o~:-rc3 of Ad j~7stracn; of 1.it~?:i.r..
11ttr~:,_
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~s.t~ '7
BOAFD OF ADJtiSTMEI~IT
County of Pitkin
Dote August 12, lg 82 Case # ~~ - ~
Applicant Thomas P. Walsh Address P.0, Box 778, Carbondale
Owner Above Address Bill Creek Road
Location of Property Bill Creek Road, Pitkin County
(Attached)
Any pertinent data must accompany this application, and will be made a part of
this Case ivo. ,
The Board may return this application if it does not contain all the facts in
question. Applicant's description of proposed variance showing justificaticn:
I would like to build a home and garage and would please request a
95 foot variance from top of property on dead end and unimproved
road.
Adjacent property, names and addresses attached,
Applicant Signatures
Provisions of the zoning resolution requiring the Building
this application to the Boar of Adjustment an ,season for
b u i 1 d i n gn p e rmi t : y~ ~(2ca~ ~~i u ,,a~~ ~1 ~~~ic: ~~~ ~~- G~? e-
~~
.~~ ~:~ Pr ~~~';~
Inspector to forward
not ranting a
~~,i, ~
Building Insp. Signature /~~ _
Date permit rejected: Board decision t/
Application filed: _ Date:
Mai led
Secretary, Board of Adjustment
• •
ADJACENT PROPERTY ~ NAMES AND MAILING ADDRESSES
L. Steven Richards
Box 631
Woody Creek, Co. 81656
2. Anthony Ka,literna
Box 886
Carbondale, Co. 81623
3. Scott Roberts Paul Wilson
Box 4523
Aspen, Co. 81612
4. Bureau of Land Management
Attn.s Al Wright
Box 1009
Glenwood Springs, Co. 81602
•
ORA DfORD rUELIS MiNG CO., DlNYlR R E C O R D O F P R O C E E D I N G S
BOARD OF ADJUSTMENT
August 31, 1982
Members Present: Bill Mason, Chairman
Dottie Fox
Paul Krausch
Joe Zanin
Clark Smyth
Alternates: Bill Lukes
Evan Gull
Kandi Shaffran
Bill Mason called the meeting to order, He questioned the Board
about the minutes from the last meeting and stated that he found
the covenant misspelt. He felt the spelling should be corrected,
Lukes moved to accept the minutes with the correction, Zanin
second the motion. All in favor.
Mason questioned the Board members if it would be covenient for
them to have a special meeting on September 14, 1982. There
would be two cases at that time, The members were agreeable to
a special meeting with the exception that Krausch would be out
of town.
Thomas Walsh, Bill Creek Road 82-26
requesting a 95' frontyard setback variance for construction of
home and garage. PJalsh was there to represent himself, He explained
to the members that he needed to turn his house a certain way to
have the sun through the canyon. He pointed out the flood area
and the gully. Fox questioned if the area had been downzoned.
Newbury stated that it was downzoned from AF-3 to AF-1, Fox
questioned about the topography of the land. Walsh replied
that it tivas steep where it dropped down to the river, Fox
questioned the access and Walsh pointed it out on the plot plan.
Mason determined that the leach field would be far enough from
Crystal River. Fox wanted to know if there was any other area
that the house could be located. Walsh did not feel that there
was and pointed out all the features on the lot that would make
it difficult .
Shaffran wanted to know if there were any objections from the
neighbors. There was nothing on file. Steve Richards, an adjoining
neighbor from the north-east was there, and had no objections.
Fox stated that she had trouble with the. large variance requests
that the Board had been hearing. But she agreed that Walsh did
not have many choices. Lukes felt that houses should be designed
to fit the property that is in question. Zanin questioned if there
would be enough room for plowing during the winter. Walsh stated
that the County did not plow this road. Fox motioned that a
variance be granted for 95' due to topographical hardship and
downzoning. Krausch second the motion, All in favor.
•
-_ z-, , .,.,_,,,-. '__ „r,,p~,,,,~ R E C O R D O F P R O C E E D I N G S
Page 2 Board of Adjustment August 31, 1982
Richard Pittman, 0071 River Bond Road, Samuelson S/D 82-27
requesting a 90' frontyard setback variance for construction of
garaTi. Richard Pittman was there along with his builder, Harry
~~~• .. 'Meyer passed some photos around to the members of the lot .
"' ~--~==~stioned where the access was taken. Pittman pointed
ou-t~i,he lower road as the access, Pittman stated that moving the
.garage closer to the house or attaching it of the house would
create financial hardship and block the view from his house. Mason
suggested that if the driveway was moved over to the other entrance,
it would change the frontyard line and would be within the previous
zoning. Mason explained to b9r, Pittman that financial hardships
were not a hardship that the Board could grant a variance for,
Smyth was concerned that it would be 10' from the roadway. Meyer
stated that it would be 10' from the right-of-way, which is another
- 5' ~-° ~ ^^~. ant . Pittman stated that aspen trees would be between
•: '~:°i=, and garage and behind the garage. Gull stated that nothing
~o~~lu ,~e done to the property under the present zoning and a variance
could be granted due to downzoning, He felt that to what degree the
variance should be granted is the problem.
Zanin questioned what the original covenant was for Samuelson S/D,
Pittman felt that it was 12' from any property line. Fox questioned
if Pittman could move the garage in another 2' so to agree with the
covenant setback. Pittman said that he could, ~,4ason questioned if
Pittman could comply with the covenant if the setback was 15',
Pittman said that he would if he had to. Zanin motioned to grant
an 88' frontyard setback if 12' is the setback in the covenant due
to downzoning. Gull second the motion, All in favor,
Don Lemos, 0262 Woods Road ,• Woody Creek ~ 82-28
requesting a 5' sideyard setback variance for a barn, Don Lemos
was there to represent self. Barn is already there, Lemos stated
that the land was very narrow. He pointed out the only buildable
area he could have and explained that the barn was used for
storage of~material around the property. He also stated that the
neighbors were supportive in this action, Fox questioned when the
barn was built. Lemos stated that it was built this summer, Krausch
questioned if there was a building permit. Lemos stated that he
went to the Building Department and was told that if the barn was
not over 12' he would not need a permit or a setback variance. But
has now learned that is not the case although he built the barn
in good faith. Krausch pointed out some other:~.reas of the property
and questioned why the barn could not have been built there, Lemos
explained that the river bank causes problems, a bog is in the
other area and a corral is in another space, The corral could
not be moved because the horse could not be trained on unbroken
terrain. Krausch did not feel that a corral was justification for
granting a variance. Lemos explained that the storage space
wasin conjuction with the Homeowners Association, where the decision
was made that the homeowners would get together and clean up
their properties. Lemos explained that they could not build in the
corral area and have the storage space, but would have had to build
another structure for storage.
Barbara Onitz, a neighbor, was there to explain to the Board that
the community was making an effort to clean up individual properties,
and ~~ne Boarn the Lemo's built has cleaned up their property and the
r~i~igh~lbor°s appreciate it ,
• •
- ~., _- _.-~ 4ENYCR R E C O R D O F P R O C E E D I N G S
Pale 3 Board of Adjustment August 31, 1982
William Cleary and John Cooley, adjacent property owners, submitted
letters stating that they had no objections to the requested variance.
These letters were read into the minutes and placed in the file.;
Tfi;~ I ~~~._!~<~;'cty 'has always been zoned AF-l. Smyth was concerned whether
tl~ :jward had a legal right to grant the variance request with an
alternate area on the property that could be used, even though
the barn was already built. Luker stated that he would like to
table the issue until the special meeting and go out and look at
the property since nothing will change it for the next couple of
weeks. They decided to meet at 4:00 on September 14, 1982 at
the Court House. Fox motioned to table the case until the Special
Meeting and the site inspectian is done. Zanin second the motion.
All in favor.
..`~~~.~: - ~ .>~, ~ adjourn .
Respectfully submitted,
.~M ~l~a_ , .. , ,c~ T.
' Chairman `
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