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Paul Krauschloved that the following be adopted:
BEFORE THE BOARD OF ADJUSTHENT
OF THE COUNTY OF PITKIN
STATE OF COLORADO
RESOLUTION NO. 83-5
David Beck, 0104 Sagebrush Lane
Lot 14, Block 2, Filing 2 Brush Creek Village
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
10.62' front yard setback variance and a 25.8' sideyard
setback variance for construction of addition.
Additional conditions or restrictions:
WARNING: Any violation of the terms of this resolution may result in rehearing
and possible revocation.
Bill Lukes seconded the adoption of the foregoing Resolution. The roll
having been called, the vote was as follows:
Bill Mason - yes
Dottie Fox - yes
Paul Krausch - yes
Bill Lukes - yes
Joe Zanin - yes
The Resolution was adopted by vote of the Board of Adjustment of the County
of Pitkin, State of Colorado.
DATED:
March 29, 1983
The Board of Adjustment of Pitkin
County, Colorado
Attest:
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A./rJ,NL.... e.~(lN\
Sec~ary
Chairman
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County of Pitkin
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Date
March 14,
19~
Case #
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Applicant
Qavid Beck
Address
P .0. Box 859 . Aspen, CO. 81612
P .0. Box 859, Aspen, CO. 81612
Owner
William Wood
Address
Location of Property 0104 Saqebrush Ln. Brush Creek Vi IIaqe Lot 14 Block 2 Filinq 2
(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 propo?g8,variance showing justification:
'The applicant requests a variance from the :1m foot yard setback requirement of Article 3-2
of the Pitkin County Code. The existing structure was bui It within the setback area
. prior to the establishment of said setback requirement. The applicant aske for a variance
allowing him to be an addition to the existing structure within that setback. The proposed
addition will estend an additional 4.5 feet into the front yard setback for a distance of
20 feet.
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Applicant Signature \ JAV ~/ .'~/~.-
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Provisions of the zoning resolution requiring the Building Inspector to forwarc
, this application to the Board of Adjustment and reason for not gran~ing a
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Application filed:
Date:
Mailed:
Secretary, Board of Adjustment
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RECORD OF PROCEEDINGS
100 Leaves
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BOARD OF ADJUSTMENT
March 29, 1983
Eegular Meeting
Members Present:
Bill Mason, Chairman
Dottie Fox
Paul Krausch
Bill Lul<:es
Joe Zanin
in ternates:
Bob Throm
Evan Gull
Bill Mason called the regular meeting of the Pitkin County Board of
Adjus~ment to order. He questioned if there were any corrections or
additions to be made to the minutes from the last meeting. Dottie
Fox questioned a statement that Mason made about the Snowrnass
Cottage Sign, Mason had stated, 'I felt the sign would be a dull
light' (Second page, upper part), Mason stated he hoped the sign
:'~o~~J_~ be a dull light, Fox also pointed out that in a statement
she made ;lbout ! the sign being put into a mound' should read I 'on
n mound'. JOf' Zanin moved to accept the minlltes with the changes.
Hill 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 ()f the Planning Office.
Fox stated that P & Z would be working on the language and she en-
couraged that a reprpsentative of the Board be at the Commissioner ':s
meeting when they reviewed P & Z's final draft, Mason stated that
he would talk with Grice ,lbout the Planning Office recommendation
that would gu before P & Z. Krausch requested that the Planning
Of rice expose the Board to the Ordinance so input can be made before
jt goes to P & Z,
Nicolas Heller, 83-4
Lot 1, Block 5, Kn611wood 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 residence. He was advised by the Building Dept.
of the 100' setback from Highway 82, which leaves his lot unbuildable.
The house is encroaching this present setback because it was built
in approximately 1970 before the zoning. He stated that he wanted
to build the greenhouse on the south side which would cause him to
encroach about 10', He stated that he got advice from several
architects and he could not avoid encroaching. He originally
requested 12' but had recalculated the distance. Heller explained
that ~ of the addition is greenhouse and ~ is a living room extension.
And he would build a two car garage on the north side of the property.
Fox questioned 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.
lItoller statl~d that he' would fit the garage into the required setbacks.
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RECORD OF PROCEEDINGS 100 Leaves
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DOQrd of Adjustment
March 29, 1983
Page 2
Heller explained that the addition 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 ~eck 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 up in the other and what
he was proposing was the onl~ 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 proper~y 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 cobstruction 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 pfans
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 ~tated that there were no
objections in the file from adjacent property owners. His access
is off Horseshoe Drive. Krausch questioned 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 leve 1. The adcU t ion \Vou td not be hi gher than exist ing roof 1 ine.
Fox motioned to grant a vQriance of 20' due tel the downzoning.
Kraus(~h second the mnti.Oll, :\ 11 in favor.
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RECORD OF PROCEEDINGS
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Board of Adjustmefrt
March 29, 1983 Page 3
ATV Associates, Highlahd Inn 83-7
1650 Maroon Creek Rd., requesting a 4' to 8' height variance and a
13~' height variance for a staircase. Joe Edwards and Joe Cooper
was there to represent 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 approvals 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 j'.l knob of land, designed with "three fingers"
following the land form at three different elevations. He pointed out
the destgn 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 create the aesired skier circulation
fill was going to have to be brought in which would raise the buildings
up a bit and this oreated the height problem on the 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
ventila~ion 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
mc)st cases, Krausch moved to approve the variance request based
on topographical hardships. Fox second the motion. Lukes asked to
be excused from the v~ting. Mason requested that Evan Gull vote.
All in favor.
Mason discussed the applicant, Rob Snyder, for 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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Chairman
Scanned 7/26/07
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