HomeMy WebLinkAboutpitkin.boa.83.09
County of Pitkin
Date
Aoril 11
19..]L
Case #
<93 - 7
Applicant
BURTON F.GOLDBERG
Address 1099 WILLOUGHBY WAY, ASPEN
Owner .
BURTON F. GOLDBERG
Addres s P.O. Box 11507, As pen
Location of Property 1099 Willoughby Way
(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:
requesting a floor area variance for the construction
of a solar greenhouse. Amount over allowable square
footage for construction is.343 square feet.
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Applicant Signat~~~lo.... ~" i~_
Provisions of the zoning resolution requiring the Building Inspector t forwar:
this application to the Board of Adjustment and reason for not grantino a
building permit:
.
Building Insp. Signature
Date permit rejected:
Board decision
Application filed:
Mailed:
Date:
Secretary, Board of Adjustment
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ADJACENT OWNERS CERTIFICATE TO
Lot lA Pitkin Green Subdivision
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LOT 1 PITKIN GREEN SUBDIVISION
Julia Childs Augur
Box 4389
Aspen, Colorado 81612
LOT 2 PITKIN GREEN SUBDIVISION
Patricia Moore
610 E. Hyman
Aspen, Colorado 81612
LOT 11 PITKIN GREEN SUBDIVISION
J. Ray Pryor
Earl R. Feldman
955 Eudora Apt. 1608
Denver, Colorado 80220
LOT 12 PITKIN GREEN SUBDIVISION
Bruce and Susan Konheim
513 N. Roxbury Drive
Beverly Hills, California 90210
METES AND BOUNDS - NORTH OF SUBJECT PROPERTY
Elizabeth Paepke
999 Lakeshore Drive
Chicago, ILL 60611
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University of Colorado Health Sciences Center
Division of Cardiology
School of Medicine
University Hospital
4200 East Ninth Avenue
Denver, Colorado 80262
(303) 394-7761
O.
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April 22, 1983
Ms. Scilla Higham
c/o Burton Goldberg
Box 11507
Aspen, Colorado 81612
Dear Hs. Hiqham:
Enclosed is a copy of the survey on our lot line done by
Mr. Jim Reeser of Alpine Surveys on October 24, 1980, and a
copy of the letter that I sent to Mr. Goldberg on January 20,
1981.
As we discussed on the phone, Dr. Feldman and I have no
objection to the variance application for a solar qreenhouse
by Mr. Goldberg.
We will look forward to meeting you the next time either
one of us are in Aspen at a time when you are there. It was
nice talkinq to you on the phone.
Sincerely, ~~~
J. Ray Pryor, M.D.
Professor of Medicine
Division of Cardioloqy
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Enclosure
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April 22, 1983
Pitkin County Board of Adjustments
Aspen, Colorado
He: Zoning Variance
Burton Goldberg
Gentlemen,
This letter is to inform you that I have no objections
to the variance requested by my neighbor r<r. Goldbere;.
The area in question is behind his house and poses
no problems that I can see.
Thank you for your cooperation.
Cordially yoUrf.3,
Bruc e Konheirr;
Lot 12 Pit:~in C(Junl,y ::;ub,:Lvision
I have hand delivered this to Mr. Goldberg to give to you.
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RECORD OF PROCEEDINGS
100 Leaves
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BOARD OF ADJUSTMENT
April 26, 1983
Members Present: Bill Mason, Chairman
Paul Krausch
Bill Lukes
Alternates: Kandi Shaffran
The meeting was called to order at the Commissioner's Room, but
because the room was occupied the meeting was moved upstairs to
the Court Room. Mason questioned if there were any questions
or additions to be made to the minutes from the previous meeting.
Shaffran pointed out that P & Z was misspelled. Lukes moved to
approve the minutes. Shaffran second the motion. Vote was taken
and all were in favor.
83-8 Stanley E. FurrlSusan Johnk Furr
Lot 1, Block 4, 2nd Filing, Gateway of Snowmass Mesa SiD, requesting
a 30' front yard setback to construct single family residence. The
Furrs were there to represent themselves. Stanley Furr explained
to the Board that due to the topography their access had been cut
in such a way that created a setback problem from the front yard.
Also, the setback system was installed in 1973. Furr presented to
the Board a letter from the Homeowners Association. Mason read the
letter into the minutes and they had no objections to the proposed
construction. Shaffran stated that she had a lot in the area and
could sympathize with the topography problem. Mrs. Furr pointed
out that it was an ideal building spot on the lot. Mason stated that
there were no objections in the file from the adjacent property owners.
Mrs. Furr pointed out that the driveway was already in. Lukes questioned
Patsy Newbury if the Furr's needed a 70' setback variance instead
of a 30' because the driveway makes the area a front yard. It was
determined that Lukes was correct and it was determined that a 75'
front yard setback variance was necessary. Lukes felt that if the house
was placed in any other area it would increase the visual impact.
Mason agreed. Krausch motioned to grant a 75' front yard setback
variance based upon topographical hardship. Shaffran second the
motion. Vote was called for and all were in favor.
Burton F. Goldberg 83-9
1099 Willoughby Way, requesting a floor area variance for the
construction of a solar greenhouse. Amount over allowable square
footage for construction is 343 square feet. Charles Fagan was there
to represent Mr. Goldberg. He explained that the owner wanted to
build a solar greenhouse that would come over from the back of the
house and face south. He explained that most of the proposed greenhouse
would be higher than the house to attain that southern exposure.
He presented some photographs of the house and property to the Board
members. Fagan pointed out how the house was placed into the hill-
side. He explained that much of the square footage of the house
is subterranean. He felt it was a good basic solar design. He
explained that there was a ranch in the back of the property and the
addition would not bother anyone. Fagan stated that they sent out
letters and received no complaints. These letters were then entered
into the record. The file had no letters in them previously.
Shaffran questioned the square footage count. Patsy Newbury, from
the Building Department explained that credits were given for
garage. Fagan pointed out how the architect had done the count.
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RECORD OF PROCEEDINGS
100 Leaves
~ 't c. f. HOECKEL B. B. & l. C;}.
Page 2
Board of Adjustment
April 26, 1983
Krausch stated that the Augur's had contacted him and had
several problems regarding the variance request. He listed
the complaints as the following:
(1) Not keeping with the original plan for F.A.R. to
maintain a certain character.
(2) Too much traffic and this would be increased after
the addition.
(3) Too much construction going on at site.
(4) Felt original agreement regarding the artist studio
had been breached. They reported that the studio had
become a tenant occupied unit.
Krausch stated that they wanted to know if the studio was included
in the F.A.R. count. Newbury stated that it was. Krausch concluded
by stating that the Augur's wanted to be on record as objecting.
Fagan stated that one person was living at the residence and
no one was living in the studio. The caretaker lived at the other
wing. Mr. Goldberg's secretary had also spoken with Mrs. Augur.
The secretary had explained that the construction would be on the
other side from Mrs. Augur and she had seemed satisfied with that.
Krausch questioned about someone living in the studio. The
secretary explained that Mrs. Augur did not live at her house but
rented it out, and that no one was living at the studio. Fagan
explained that the house started out as a one bedroom cottage.
Goldberg then build out piece by piece and the architect was
attempted to put the pieces together smoothly. Fagan explained
that they had been receiving too much direct sunlight into the
frontroom and were having to shield that area, and the greenhouse
would help because it would allow the heat to be focuse~ in one
area and then circulated from there. Fagan agreed that there had
been a great deal of construction at that site, but did not hear
Mrs. Augur objecting to the proposed addition. Krausch agreed
that she did not specify objection to the proposal. Lukes questioned
Fagan upon what basis a variance should be given. Fagan pointed
out the part about solar devices that was included in the guidelines
given to the Board. Fagan felt that this was a well planned solar
device. Lukes could not see the connection between solar design
and the size of the house. Fagan explained that the architect
was trying to coordinate the size of the solar greenhouse with the
size of the house. The architect felt that to be effective the
greenhouse must be this size. It was determined that the size
of the greenhouse addition was 1935 square feet. Mason felt that
the extra 343 feet was not necessary. Krausch had a problem with
the legality. He felt that even if it was I' over the F.A.R.,
he could not see a way the Board could justify granting the request.
Shaffran felt that the amount within the F.A.R. could do the job.
Fagan pointed out that one problem was that they would be building
it from the back over the main residence. Krausch and Shaffran
felt that area could be cut back from the other part of the
addition to allow enough footage in the greenhouse area. The
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RECORD OF PROCEEDINGS
100 Leaves
""'0 C. F. KO(CKEl B. B. ... L. C3.
Page 3
Board of Adjustment
April 26, 1983
Board members agreed that there was no hardship involved. Shaffran
moved to deny the request based on lack of hardship. Lukes second
the motion. Vote was called for and all were in favor.
Meeting was adjourned.
Respectfully submitted,
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Chairman
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Scanned 7/26/07
File Finders Box
#10