HomeMy WebLinkAboutpitkin.boa.83.03
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Dottie Fox moved that the fOllowing be adopted:
BEFORE THE BOARD OF ADJUSTHENT
OF THE COUNTY OF PITKIN
STATE OF COLORADO
RESOLUTION NO. 83-3
Loyal E. Blair, Lot 27, Crystal River Country
Estates
WHEREAS, the subject property is within the unincorporated area of Pitkin
County, Colorado; and,
WHEREAS, the Board of Adjustment is vested with the power 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
39' front yard setback for construction of a residence.
Additional conditions or restrictions:
WARNING: Any violation of the terms of this resolution may result in rehearing
and possible revocation.
Paul Krausch seconded the adoption of the foregoing Resolution. The roll
having been called, the vote was as follows:
Bill Mason - yes
Dottie Fox - yes
Joe Zanin - yes
Paul Krausch - yes
Bill Lukes - yes
The Resolution was adopted by vote of the Board of Adjustment of the County
of Pitkin, State of Colorado.
DATED:
February 22, 1983
The Board of Adjustment of Pitkin
County, Colorado
Lcl~ e ~ 0f'L
Secret~ry .
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Chairman
Attest:
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BOARD OF ADJUSTMENT
e County of Pi tkin e
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Location of Property l i ( l-I. S t d I R\ V -e r
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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:
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Date permit rejected:
Application filed:
Date:
Mailed:
Secretary, Board of Adjustment
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NOTICE OF PUBLIC HEARING
BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOW:
Pursuant to Pitkin County Resolution of June 5, 1955, as amended, a
Public Hearing will be held in the Aspen/Pitkin County Regional Building
Department, 110 E. Hallum, Upper Elementary School (or at such other place
as the meeting may then be adjourned) to consider an application filed with
the said Board of Adjustment requesting authority for variance from the
provisions of the County Zoning Resolution.
All persons affected by the proposed variance are invited to appear
and state their views, protests or objections. If you cannot appear
personally at such meeting, then you are urged to state your views by
letter, particularly if you have objection to such variance, as the Board
of Adjustment will give serious consideration to the opinions of surrounding
property owners and other affected in deciding whether to grant or deny the
request for variance.
THE PARTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE ARE AS
FOLLOWS:
Date and time of meeting February 22, 1982 at 5:15 o'clock p.m.
Name and Address of Applicant for Variance: Mr. Loyal E. Blair
5062 Rd. 154.
Location of Property or Description: Lot 27, Block 2 Crystal River
Country Estates.
Variance Requested:
Setback Variance for side yard and rear yard.
Duration of Variance:
Permanent
x
Temp
Condition:
THE PITKIN COUNTY BOARD OF ADJUSTMENT
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Bill Mason, Chairman
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Mason Ei MORse
INCORPORATED
REAL ESTATE
POST OFFICE BOX 1284
CARBONDALE, CO 81623
PHONE: 303 963,3300
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January 28, 1983
Mr. Loyal E. Blair
5 0 6 2 Rd. 154
Glenwood Springs, CO 81601
Dear Loyal:
Here are the owners of adjoining lots to Lots 27,
Block 2, Crystal River Country Estates.
Lot 23: Warren E. and Fern H. Brethower
P.O. Box 549
Cedaredge, CO 81413
Lot 24: Jackie Couch
0432 Crystal Circle
Carbondale, CO 81623
Lot 25: C. Dewayne and Nancy Anderson
P.O. Box 265
Carbondale, CO 81623
Lot 26: Jack C. Dysart
224 N. 4th St.
Sterling, KS 67579
Lot 28: Brethower (again)
Lot 31: Rudolph and Beatrice Casias
0066 Crystal Lane
Carbondale, CO 81623
Lot 32: Jack A. & Earlene R. Mathias
0108 Crystal Circle
Carbondale, CO 81623
Sincerely,
MASON & MORSE, INC.
Nancy
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PUBLIC NOTICE
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NOTICE OF PUBLIC HEARING BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOW:
Pursuant to Pitkin County Zoning Resolution of June 5, 1955, as
amended, a Public Bearing will be held in the Aspen Pitkin Regional
Building Department, 110 E. Hallam St., Aspen, in the Upper
Elementary School to consider an application filed with the said Board
of Adjustment requesting authority for variance from the provisions
of the County Zoning Resolution.
All persons affected by the proposed variance are invited to
appear and state their views, protests, or Objections. If you
cannot appear personally at such meeting,' then you are urged to state
your views by letter, particularly if you have objection to such
variance, as the Board of Adjustment will give serious consideration
to the opinions of surrounding property owners and others affected in
deciding whether to grant or deny the request for variance.
DATE AND TIME OF MEETING:
February 22, 1983
at 5:15 o'clock P.M.
Loyal E. Blair, Crystal River County Estates, 9 miles south of
Carbondale, CO Lot 27, requesting a setback variance for side and
rear yard.
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RECORD OF PROCEEDINGS
100 Leaves
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BOARD OF ADJUSTMENT
March 29, 1983
Regular Meeting
Members Present:
Bill Mason, Chairman
Dottie Fox
Paul Krausch
Bill Lukes
Joe Zanin
Alternates:
Bob Throm
Evan Gull
,Bill Mason called the regular meeting of the Pitkin County Board of
Adjustment to order, He c)uestioned if there were any corrections or
additions to be made to the minutes from the last meeting. Dottie
Fox questioned a statc:ment that Mason made about the Snowmass
Cottage Sign, Mason had stated, 'I felt the sign would be a dull
light'(Second page, upper part). Mason stated he hoped the sign
would be a dull light. Fox also pointed out that in a statement
she made about 'the sign being put into a mound' should read, 'on
a mound', Joe Zanin moved to accept the minutes with the changes.
Bill Lukes second the motion,
Fox reported to the Board that the sign ordinance is coming before
p & Z on April 5, presented by Richard Grice of the Planning Office.
Fox stated that P & Z would be working on the language and she en-
couraged that a representative of the Board be at the Commissioner I,.S
meeting when they reviewed P & Z's final draft. Mason stated that
he would talk with Grice about the Planning Office recommendation
that would go before P & Z. Krausch requested that the Planning
Of rice expose the Board to the Ordinance so inpuf can be made before
it goes to P & Z.
Nicolas Heller, 83-4
Lot 1, Block 5, Knollwood SID, requesting a 37' highway 82 setback
,variance for the addition of a greenhouse. Heller was there to
represent self. He explained that he proposed to build a greenhouse
on the side of his resicif}nce, He was advised by the Building Dept.
of the 100' setback from IIiGhway 82, which leaves his lot unbuildable.
The house is encroaching this present setback because it was built
in approxi~ately 1970 before the zoning. He stated that he wanted
to build the greenhouse all the south side which would cause him to
encroach about 10 I, He sta.ted that he got advice from several
archi tee ts and he could nut avoid encroaching. lIe originally
requested 12' hut had rec:llculated the distance, Heller explained
that ~ of the addition is greenhouse and i is a living room extension.
And he would build a two car garage on the north side of the property.
Fox questjoned if the greenhouse was for solar purposes. Heller said
it was. It would be primarily used to generate 50% of the heating for
the house, He explained that he would need to reinsulate the walls.
lIeller stated that he would fit the garage into the required setbacks.
.
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RECORD OF PROCEEDINGS
100 Leaves
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Board of Adjustment.
March 29, 1983
Page 2
Heller explained that the additlon to the living space came out to
the lines of the house and the greenhouse addition goes beyond the
existing line of the house. Heller pointed out the existing living
room, showing where the greenhouse would be attached to the south
side as an extension to the living room. Fox felt that the Board has
justification for solar purposes and since the amount is only 10'
she had no objection. Lukes pointed out that the house faced both south-
east and wouth-west, which would be equally usable for a solar addition
and questioned if Heller had considered the other side. Heller stated
that he was trying to wrap the greenhouse around, enclosing the
porch. Zanin, stating he knew the location of the house, felt that
more sunlight was available in the position that Heller was proposing.
Fox motioned to grant the variance request due to topography of the
site and due to solar purposes. Zanin second the motion. When vote
was called for Lukes voted against, Mason, Fox Krausch and Zanin
voted for.
David Beck 83-5
0104 Sagebrush Lane, Lot 14, Block 2, Filing 2, Brush Creek Village,
requesting a 10.62' front yard setback variance and a 25.8' sideyard
setback variance for construction of addition. Beck was there to
represent self. He explained the history of the house. He explained
that he wanted to build a stairway and enclose the bottom half of
the house. The house is an A-frame and with three children he
needed the additional room. He explained that the property went
straight down in one direction and straight tip in the other and what
he was proposing was the only way. He would be adding an interior
stairway. Beck pointed out his neighbors to the Board members.
Newbury stated that he had a 100' front yard setback. Mason read a
letter from Robert Spencer, adjacent property owner, stating that he
had no objection, but felt it would be beneficial to his property
and the neighborhood as a' whole. Newbury stated that much of the
house was encroaching the setback. The house was build prior to
the current zoning. Krausch moved to grant the request on the
grounds of downzoning making it impossible to improve upon the house.
Bill Lukes second the motion. All in favor.
Gerald L. & Rheta Fulton, 83-6
Lot 9, Double K ,Ranch SID requesting an 80' front yard setback
variance for a proposed addition. Fulton was there to represent
self. He gave a brief description of the history of the house. He
explained that he started with the intention of building in phases.
Since the construction of the first and second phase, which was done
in 1975 when the setback was 75', the area has been re-zoned and now
has a 100' setback. Fulton explained that the original house plans
showed the potential addition, with a side of the house with only one
window which is the size.of the door and the electrical stubbed in
in expectance of the addition. Mason stated that there were no
objections in the file from adjacent property owners, Ilis access
is off Horseshoe Drive. Krausch qu~stioned if the existing garage
would be converted into living space, Fulton replied that it would
not be. Throm questioned the topography and Fulton replied that it
was level, The addition would not be higher than existing roofline.
Fox motioned to grant a variance of 20' due to the downzoning.
Krausch second the motion, All in favor.
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RECORD OF PROCEEDINGS
100 Leaves
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Bo~rd of Adjustment
March 29, 198:3
Page :3
ATV Associates, Highland Inn 83-7
1650 Maroon Creek Rd., requesting a 4' to 8' height variance and a
1:3~' height variance for a staircase. Joe Edwards and Joe Cooper
was there to represen~ the owners, along with the architect, Tom
Sopoci. Joe Edwards began by showing the members some additional
drawings that were not included in the packet. He explained that they
have received detailed submission approval from P & C and the
County Commissioners and generally have had appr~vals from all
levels of the process, Edwards explained that according to the
code the existing grade is used for the height determination, and
the Building Dept. is interpreting that to mean the grade before
man put the ski area there. They tried to go back and determine
what the natural grade was. He then pointed out the complex building
form, sitting on a knob of land, designed with "three fingers"
following the land form at three different elevations. He pointed out
the design on sheet #18. When connecting the three areas, a section
was necessary coming down the hill and the corners 'stick out'.
Edwards explained that to cre~te the desired skier circulation
fill was going to have to be brought in which would raise the buildings
up a bit and this created the height prohlem on tho corners of the
buildings. EdWards introduced Sopoci to answer questions about the
usage and necessity of the extra height. Mason pointed out that the
original Highlands Inn had received a height variance also. Sopoci
had some overlay sheets to depict the original site. He then placed
overlay sheets to show the changes over the years in the grade. He
did an overlay with the existing Highland Inn and the proposed
Highland Inn grades. He explained how the buildings stepped down the
grade. Krausch questioned if the developers would excede the height
restriction based upon the existing grade. Sopoci stated that in
one case the existing grade is slightly lower, so the 28' height
would be slightly lower also. Throm questioned what the commissioners
had felt about the height problem. Edwards stated that they had been
sent to the Board of Adjustment. Edwards also stated that the detailed
submission approval required them to come before the Board regarding
the height. The area of the height problem is at the end of the units
where an exit is and pointed out the area where the mechanical
ventilation exhausting equipment was for the kitchen of the restaurant.
There would be no living units above the height allowance.
The Board members discussed the situation and the history of the
area. Fox felt that in this case it does not propose a problem but
she also felt that the 28' height limitation should be adhered to in
most cases, Krausch moved to approve the variance request based
on topographical hardships. Fox second the motion. Lukes asked to
be excused from the voting. Mason requested that Evan Gull vote.
Al1 in favor,
Mason discussed the applicant, Rob Snyder, fc)r alternate membership
to the Board. There was a discussion of what the Board is looking
for in a member. Fox stated that it would be good to have a down
valley representative. It was determined that they would continue
to look for an applicant for the second position,
Meeting was adjourned.
Respectfully submitted,
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BRAOFORD PUBLISHING CO., DENVER
RECORD OF PROCEEDINGS
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BOARD OF ADJUSTMENT
Februa~y 22, 1983
Members Present: Bill Mason, Chairman
Dottie Fox
Joe Zanin
Paul Krausch
Bill Lukes
Patsy Newbury, Building Dept.
Alternates:
Kandi Shaffran
Bill Mason opened the regular meeting of the Pitkin County Board of
Adjustment. He asked the members if there were any questions or
additions with regards to the minutes from the Special Meeting of
February 04, 1983. Mason suggested that Special Meeting should be
added to the beginning of the minutes. Krausch requested that his
name be correctly spelt. The secretary, Audrey, stated that the
County Attorney had pointed out that the stop work order mentioned
in the second paragraph was posted on January 21, not Jan 1st,
Fox moved to accept the minutes as corrected. Zanin second
the motion. All in favor.
Loyal E, Blair, Lot 27, Crystal River County Estates 83-3
requesting a front yard setback ~or construction of a residence.
Blair explained the dimensions of the lot, which was 1.06 acres,
392' long and 161'deep, leaving about 11' feet for a residence.
He stated that the subdivision was laid out before the setback
requirements was set. He explained that the house was tilted for
solar gain. Patsy Newbury explained that what Blair needed was
a 39' front yard setback variance. Mason stated that there had been
no complaints from the neighbors once they looked at the distance
on the sideyards. Blair explained the topographical layout of the
land and where the brush was placed. Fox questioned when downzoned.
Newbury asnwered that it was downzoned from AF-3 to AF-1 when all
the other downzoning took place. Newbury explained that AF-3 would
have given Blair a 50' front yard setback. The property is now zoned
RS-30. Newbury explained that all the lots along the area were
zoned RS-30. Krausch questioned what assurances a potent ial buye:r:~:.
had that a lot such as this would be buildable. Blair stated that
he had no assurances, but he has a contigency that the loan had to
be approved, and such an approval would not be given if he couldn't
build on the lot. Fox questioned if potential buyers were warned of
such problems, Newbury stated that most real estate agents were aware
of these problems and they contacted the building department with
questions, Mason read a letter from Warren and Fern Brethower, an
adjacent property owner to Blair, They did not object but wondered
why this procedure was necessary each time someone wanted to build.
Mason stated that the Board could not give blanket variances and
the law stated that each case had to be looked at individually,
Fox stated that this was a classic case of downzoning and topographical
hardship and move to grant the variance request of 39' front yard
setback. Krausch second the motion. All in favor,
Mason stated that he went before the commissioners and presented
Bill Lukes to be moved up to member position. He stated that there
was no problem with that. Mason also informed the Board that one
application, from Mr, Robert J. Snyder, had been received for the
opening for alternates. Mason stated that this would have to go
before the commissioners. Mason also asked the commissioners to
come up with a whole schedule of appointments for the Board members.
He explained that alternates were automatically reappointed every
year, but regular members were staggered.
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BRADFORD PUBLISHING CO., DENVER
RECORD OF PROCEEDINGS
Board of Adjustment
February 22, 1983
Page 2
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Fox brought up the issue of the sign at Snowrnass Cabin on Highway
82 in Old Snowrnass, Fox stated that the sign heading west is
hazard because it is so bright. Krausch agreed, stating that not
only is it unsafe, but so very bright that it detracts completely
from what the county is trying to maintain up and down Highway 82.
Mason stated that he thought the sign would be a dull light instead
of the bright light it now has. Fox stated that nothing was said
about the sign being put into a mound. Lukes stated that he had
discussed the matter with Bill Drueding, Zoning Enforcement Officer,
and Drueding had agreed that it wasn't a good sign and Drueding
thought there might be some enforcement possibility in terms of
not being an indirectly luminated sign. Krausch pointed out that
the variance was for two signs instead of a two-sided sign, which
leads him to believe that anyone can put a sign with that type of
lighting up on Highway 82. Fox stated that was her main concern.
Newbury stated that it conforms to the sign ordinance with regards to
size, height and everything. The members expressed worry that other
signs such as the Snowrnass Cabins will be put up along Highway 82.
Mason stated that he would work on that problem. Krausch felt the
Board should do something to encourage Snowrnass Cabins to tone down
the light in the sign. Newbury explained that the indirect lighting
code for signs was to get away from the neon signs,
As there was no further business for the Board, Mason adjourned the
meeting.
Respectfully submitted,
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