HomeMy WebLinkAboutpitkin.boa.83.10 PITKIh ? IT `1°NING „if , .. LOAD IND ;
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2737- 283 00 055 `' 5/10/1983
COCKWELL
0043 Difficult Campground Rd Forme + BONNIECOCKWEL PO BOX 8511 + =F, 'ASPENC081612
;. BILL POSS ' + r i, 605 E MAIN ST ASPEN, CO 81611'��, -:
05/31/83 BOA • NO
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BOA #10-1983
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Paul Krauschmoved that the following be adopted:
BEFORE THE BOARD OF ADJUSTHENT
OF THE COUNTY OF PITKIN
STATE OF COLORADO
RESOLUTION NO. 83 -1 0
Bonnie Cockwell, adjacent and south of the entrance
of Difficult Campground
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.
NOti, THEREFORE, BE IT RESOLVED that the applicant's request for a
15' sideyard and rearyard setback variance 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.
Bob Throm seconded the adoption of the foregoing Resolution. The roll
having been called, the vote was as follows:
Bill Mason - yes
Dottie Fox - yes
Bill Lukes - yes
Paul Krausch - yes
Bob'Throm - yes
The Resolution was adopted by vote of the Board of Adjustment of the County
of Pitkin, State of Colorado.
DATED:
Ma y 3 1, 1 9 8 3
The Board of Adjustment of Pitkin
County, Colorado
~ut"JI1r;1: I2cA~O"~
Sec etary
v~ ~d"~~
Chairman
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Attest:
BOARD OF ADJUSTMENT
e County of Pi tkin e
Date MAY 10 19~
BILL ross -- ARCHITECr
Applicant WILLIAM JOHN F888 ~:.':::' ,:\E1a:x::IA'f'EO
Case #
8_5- I 0
Owner
OONNIE cxx:xR.ELL
Address 605 E. MAIN ST.. ASPEN, CD 81611
Address P.o. OOX 8511, ASPEN, CD 81612
Location of Property ADJACENT AND OOUTH OF TIlE ENTRANCE ROAD 'ill THE DIFFICULT
CH.EEK CAMPGROUND. (SEE L.ffiAL DESCRIPTION).
(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 i~
question. Applicant's description of proposed variance showing justification:
THIS APPLICATION IS A ~UEST 'ill REDUCE THE ~UIRED SIDE AND REAR SETBACK
OF 30 FEEl' 'ill 15 FEEl'. THIS ~UEST IS BEING MADE BECAUSE OF THE
CDNFIGURATION OF THIS PARrICULAR wr AND ITS 'illPCXiRAPHICAL LAYOUT.
(SEE ATTACHED SITE PLAN AND SURVEY).
Applicant Signatur~~"- .
Provi.sions of the zoning resolution requiring the Building InspecJor to :f'ori-;2.r
this ~pplicat~on to the Board of Adjustment and reason for not grpnting a
buildlng perml t: . I J 'u.cz.--vJ;,: ld...-- ,.o"Il tIL.-c..-lc "
~. -- / /'7 /1--<A.-~CL-- 3 Ci t/.aAC~,tC--n. tL..> / ,
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, BUilding Insp. Signatur;'~;' ~. _
Date permit rejected: Board decision
Application filed:
Date:
':"1ai led:
Secretary, Board of Adjustment
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CASE #
RE: CDCKREIL VARIANCE ~UEST
LIST OF ADJACENT PROPERTY OWNERS
MARGREr MEYERS
11671 JACARANDA
HESPERIA, CA 92345
LEWIS & RUTH JOHNffiN and .
HELEN & MARVIN KREDUER //
8320 361ST AVE. NE
CARNATION, WA 98014
MICHAEL FITZGERAill
525 E. cxx)PER
ASPEN, m 81611
ROBERT P. MOSTON
DIVISION OF HIGHWAYS
STATE OF mwRAOO
P.O. OOX 2107
GRAND JUNCl'ION, m 81502
u . S. roREST SERVICE
ASPEN RANGER DISTRICl'
806 W. HALLAM
ASPEN, m 81611
PLEASE NarE: THE AOOVE INFORMATION WAS PROVIDED BY THE PITKIN mUNTY
ASSESffiR 'S OFFICE. THIS PARTICULAR AREA OOES NOT SHOW
AS ANY RECORDED SURVEY OR PLAT. THE SKETCHES WHICH 00
EXIST WITHIN mUNTY RECORDS INDICATE TIm AOOVE OWNERS
AS roSSIBLY HAVING mM1DN PROPERTY LINES WITH THE
CDCKRELL .
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EXHIBIT "A" TO WARRANTY DEED FROM
THOMAS N. OVERTON TO FRANK DELUCA
DATED DECEMBER /8 , 1978
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A~rcel of land being situated
of the 6th Principal Meridian,
described as follows:
in Sections 34 and 35, Township 9 South, RAnge 86 West
Pitkin County, Colorado. Said parcel is more fully
, "
Commencing at the Southeast corner 'of said Section 34;'
thence S 89054'42", 1415.00 feet along the Southerly line of said Section 34;
thence North. 696.25 feet to the true point of beginning;
thence North, 694.52 feet;
thence East, 220l.7D feet;
th~nce South. 694.52 feet;
thence West, 2201.70 feet more or.less to the point of true beginning.
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N0\/-lSl/185G NATIONAL GRAPHtCS COMPANY - OENVlE:R1 CO. ~ {~{.l3} 777-6868
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BASIS OF BEARING: FUUND t3LM BRASS CAPS AS SHOWN,
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN SIX YEARS,
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EvENT MAY ANY ACTION'
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN
TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
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S.U_RVE Y_OB~S--'~ E_R_ILELCAI~ ,
.. "-rHERE'B'rCn~TTFY'-THATUtHTs MAP ACCURATELY DEPICTS
^ SURVEY MADE UNDER MY SuPERVISION ON JUNE 23,1980,'
OF A PARCEL OF LAND SITUATED IN TH~ NW 1/4 NW 1/4 OFTHE
SE 1/4 OF THE SW 1/4 OF SECTION 28, T 10 S 1 R 84W OF THE
Gth PM., PITKIN COUNTY, COLORADO, L YI NG SOUTHERLY OF
THE CENTERLI NE OF THAT ROAD COMMONLY KNOWN AS THE
DIFFICULT CAMPGROUND ROAD AND BEING MORE FULLY DES-
CRIBED AS FOLLOWS:
"
BE<;INNING ATTHE SOUTHWESTERLY CORNER OF THE NWI/4NWI/4
0FTHE SEI/4 OFTHE SWI/4, A 1978 B.L.M. BRASS CAPIN PLACE;
THENCE NOOo33'OO"E 135,33' ALONG THE WESTERLY LINE OF
SAID NW 1/4 NW 1/4 TO THE CENTERLINE OF SAID ROAD; THENCE
TilE FOLLOWING COURSES AND DISTANCES ALONG SAID CENTER.
L:NE: S 54032' 25" E87.64', 67.53' ALONG THE ARC OF A CURVE
TO TH[ LEFT HAVI NG A RADIUS OF 114,00', S 88028' 50"E 88,66',
62.56' ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 210.00',53.76' ALONG THE ARC OF COMPOUND CURVE TO THE
Lt::FT HAVING A RADIUS OF 75.00'TU THE POINT OF INTERSECTION
WITH THE EASTERLY LINE OF SAID ~;W1l4NWI/4iTHENCE DEPARTING;I,""~~';
SAI[J ROAD S00030'OO"'N 106.05' ALONG SAIL EASTERLY L1NEIOTHE-.:,JuJ':~~'fnh
SO JTHEA':iTERLY COlillER OF SAID NWI/4 NWI/4; THENCE N88 52' 42"W ."
j~7.95'ALOf'JC THE: SOUTHERLY LINE OF SAID NWI/~NWI/4 TO THE '\,;-
1<): ;T or; 't~'~If\!f\',,:-:: ,~O:\JTAINI NG 2G2:~2 SO'JA~~,~ FEET MORE OR LESS.
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, JLJNE!24,1980 (_~.:);...
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ALPINE SURVEYS
P. O. BOX 1730
ASPEN I COLOR ADO 81611
303.925-2688
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ASPEN. PITKIN AGIONAL BUILDIN_ DEPARTMENT
June 24, 1983
Lewis E. and Ruth M. Johnson
8320 361 Ave. N.E.
Carnation, WA 98014
Dear Mr. & Ms Johnson:
This letter is in reply to your letter of June 13, 1983,
regarding the variance for Bonnie Cockwell at Difficult Campground.
I'm not sure where your property is located in relation to
Ms. Cockwell's property, but the variance granted effects the side
and rear of the property. The property is required by zoning
to have a 30' setback from property line to the structure. Ms.
Cockwell requested that she be allowed to build her structure
15' from the rear and side property line due to the topography of
the lot. The Board members agreed that she did have a hardship
and granted the variance.
I have enclosed a copy of the plot plan to help you visualize
the property. If you have any other questions, please feel free
to contact this office.
Yours truly,
,-,tLJ~
Audrey Richman
Secretary
Board of Adjustment
..
cc: Marvin and Helen Knedler
22516 Sunset Drive
Golden, CO 80401
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offices:
110 East: Hallam Street:
Aspen, Colorado S1811 303/925-5973
mail address:
50S East: Main St:reet
A.pen. Colorado 81S11
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E,20 361 Ave. N. E.
Carnation, WA ge014
June 13, 191='3
Mr. Bill hason, ChairI"an
~itkin County Bosrd cf ~djuetment
c/o Summit County Assessor
506 E. h.in St.
Aspen, CO f 1611
DeBr Mr. I':8son:
I do not think that I received tois Notice of Fublic Hearing
before l"!fiY 31, 19;:::5. Tht~ref(Jre I did not h2ve an opportunity
to make inquiry about tnis request for variance.
Could you explain W()'3.t the following: varignce request rre<:lTIs:
llA 15' sideyard setback and rearygrd setback voriancesll
How will this affect our BcrB of property?
r'le'l.se let me hear frorr you by return wail. I would QpFreci8te,
also, your sending 8 copy of your reply to the co-owners of tne
property:
Marvin and Helen Knedler
22516 Sunset Drive
Golden, CC e0401
'I'hqnk you for your consideration in tLisfetter.
Sincerely yours,
1
Fp, jff] )/). Q ~1/Yl4c; J
(,Xc'vC~ ,.. (
Lewis E. and Huth'.;.... Johnson
~none 503-333-6193
07-0550;::: lieF RE 6502
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WJR.26-77
C4RADO DIVISION OF WATER RESOt4tES
1313 Sherman Street - Room 818
Denver, Colorado 80203
THIS FORM MUST BE SUBMITTED
"'ITHIN 60 DAys OF COMPLETION
OF THE WORK DESCRIBED HERE.
ON. TYPE OR PRINT IN BLACK WELL COMPLETION AND PUMP INSTALLATION REPORT
'<, PERMIT NUMBER I oj -'f~ S-
WELL OWNER h"a., l.. ')~. t. . ~". ~ - - S I: % of the
ADDRESS an ,r.1' I"/Jpel? r IE ~,ltll ,T.' S . R. p,
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DATE COMPLETED-ed
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1361
ASPEN/PITKIN REGIONAL
BUILDING DEPARTMENT
110 E. HALLAM
ASPEN, COLORADO 81611
(303) 925-5973
('" 136 - 61210
-61212
-61215
- 61214
- 63311
- 61220
.63004
. 63313
- 61 002
- 61120
.63316
BLDG. PERMIT
PLBG. PERMIT
ELECT. PERMIT
MECH. PERMIT
BLDG. PERMIT
REVIEW
REINsPECTION
CODE BOOKS
BOARD OF
ADJUSTMENT ~5 -
CONTRACTORS
LICENSE
MOBILE HOME
PLAN CHECK
NAME: \;...jJ~Jo.("'__,-v-_ Q,~c"- '-.I~~
PERMIT: c?3 - 10 ':HECK# :"'\(\d
\
PROJECT: (1,:> I. . , I' - (Y\ l.~_ ,. ~_, '" <-
DATE: ~- \6; b.3 INITIAL: ~ n,,-
( ~ ' , ;: :~ : 0
e.
e
pitkin county
506 east main street
aspen, colorado 81611
TO: BOCC
FOCM: LEW SCANLAN
. DATE: 3 AUGUST, 1983
RE: STIRLIN3 COOPER CBJECTION
'!HE ATI'ACHED LETIER FRCM STIRLIN3 COOPER REQUESTS AN OPPORlUNITY TO
APPEAR BEFORE YOU DURIN3 YOUR REGULAR MEETIN3 OF 8 AUGUST; SPECIFICALLY,
COOPER CBJECTS TO '!HE ANTICIPA'IED ISSUANCE OF A BUILDING PER'1IT TO
BONNIE COCKRELL FOR A RESIDENTIAL UNIT SIWA'IED ON APPROXIMA'IELY ONE
HALF (~) ACRE OF LAND ADJACENT TO DIFFICULT CAMPGROUND.
'!HE COUNTY ATIORNEY. HAS CONTAC'IED COOPER AND RECa1MENDED THAT HE
REQUEST A HEARING BEFORE '!HE BOARD OF ADJUS'IMENT PURSUANT TO SECTION
16-2.1 OF '!HE LAND USE CODE; THAT SECTION PROVIDES, IN PARI', THAT
ANY PERSON MAY APPEAL "... THE DECISION OF ANY ArMINISTRATIVE OFFICER
OR AGENCY BASED UPON OR MADE IN '!HE COURSE OF THE ArMINISTRATION OR
ENFORCEMENT OF '!HE PROVISIONS OF '!HE ZONIN3 DISTRICT REGULATIONS... II
COOPER HAS CONTAC'IED THE BUILDING DEPAR'IMENT AND HIS OBJECTION WILL
BE CONSIDERED BY THAT BOARD THIS MONTH. WES REQUES'IED THAT YOU BE
NOTIFIED OF TIUS APPEAL AND ITS REMEDY.
CC: AUDREY RICHMAL\I
,.....~,,'....,..~ 1:
\.J ..... .." .J.,.'-....
Box 201
Aspen. Colorado
August :3, 1.98:3
Pitkin County Commissioner!,
Zoning Enforoement Officer. and
Planning and Zoning Commission
Aspen, Colorado
Gentlemen and Ladies.
I hereb,y raise formal objections to the oonstruction
of a heme at the entrance to Difficult Campground. It is
m,y understanding that .. buildinfit permit has been requested
by Bonnie Cockrell.
My primary concern is thllt the home is to be built on
one of the most sCflnic spots in the valley, a spot whioh
the Aspen Park Association intended to be left open tor open
space for the publio. It is somewhat like allowing a holl1e
to be built at the pal"king lot at Maroon take.
My specific objections are these.
1 . The builder seems to hav., g1 ven the county an
incorrect description of the highway right-ot-way
(see the attached up). The boundary fer the
propos.d~pu1lding site is NOT the Difficult Camp-
grouri~~ t 1s the Highway 82. I doubt that there
can be . 100 tt. setback from Hgwy. 82. _
2.. The building site does not have clear title in my
opinion. To my knowledge Margaret Myers has a
warranty deed to the lIame s1 te . The Colo. Hgwy.
Dept. has a deed to some of the same land. And
the Aspen Park Association has a claim to the land
in accordanoe ~th a court decision renaered this
spring on a similar piece of land in Aspen Park
(a rUling just made this spl'ing - a cOPJl of which
was g'i'Ven to the Zoning Enforcement Offioer last weeIr).
)j. The parcel ot land' appears to b$ just over one-halt
acre, a very emall site by any standards. Other
property owners in this area have had diff10ul ty in
gaining approval for si teiJ of 3".5 acres. Why the
inconsi8tenoy1t
I have other objeot1ons and Wish to appear at the Couny
Commissioners meeting (the next one). I would a1eo like to
talk to the oounty attorney as soon as possible.
~s~~tful1y.tv<.~ Gr
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Box 201
Aspen, Colorado
August 3, 1. 983
Pitkin County Commissioners,
Zoning Enforcement Officer, and
Planning and Zoning Commission
Aspen, Colorado
Gentlemen and Ladies:
I hereby raise formal objections to the construction
of a horne at the entrance to Difficult Campground. It is
my understanding that a bUilding permit has been requested
by Bonnie Cockrell.
My primary concern is that the home is to be built on
one of the most scenic spots in the valley, a spot which
the Aspen Park Association intended to be left open for open
space for the public. It is somewhat like allowing a home
to be built at the parking lot at Maroon Lake.
My specific objections are these:
1. The bUilder seems to have given the county an
incorrect description of the highway right-of-way
(see the attached map). The boundary for the
proposed_puilding site is NOT the Difficult Camp-
groundJo"it is the Highway 82. I doubt that there
can be a 100 ft. setback from Hgwy. 82.
2.. The bUilding site does not have clear title in my
opinion. To my knowledge Margaret Myers has a
warranty deed to the same site. The Colo. Hgwy.
Dept. has a deed to some of the same land. And
the Aspen Park Association has a claim to the land
in accordance with a court decision renaered this
spring on a similar piece of land in Aspen Park
(a rUling just made this spring _ a copy of which
Was given to the Zoning Enforcement Officer last wee~.
31. The parcel of land appears to be just over one-half
acre, a very small site by any standards. Other
property owners in this area have had diffiCUlty in
R;aining approval for sites of 3-5 acres. Why the
inconSistency?,
I have other objeotions and wish to appear at the Couny
Commissioners meeting (the next one). I Would also like to
talk to the county attorney as Soon as POSSible.
'- ,_t0ctfullY'I\;(, ~- _
~tirling M Coo r ,~
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RECORD OF PROCEEDINGS
100 Leaves
.- fqP:><El_ R. fL ... L. (.,1.
SPECIAL MEETING
l
BOARD OF ADJUSTMENT
August 22, 1983
Members Present:
Bill Mason, Chairman
Paul Krausch
Bill Lukes
Alternates:
Bob Throm
Kandi Shaffran
Mason called the special meeting to order. He questioned if there
were any comments about the minutes from the last meeting. Lukes
stated that in the motion for The Frome variance, the work "variance"
is mentioned twice .He suggested that one "variance" be deleted,.
Throm motioned to approve the minutes. Krausch second the motion.
Vote was called for and all were in favor.
Mason informed the Board that Phil Wier had applied for position as
a member of the Board. Mason suggested that some type of action
should be taken at the next meeting regarding filling the two positions
that are open.
Krausch questioned Patsy Newbury, representing the Building Department,
about the Ruthie's Restaurant, presently under construction on Aspen
Mountain. He questioned if they went through a review. Newbury stated
that they went through a special review.
Stirling Cooper to contest the Building Permit issued ,to Bonnie
Cockrell, at the entrance of Difficult Campground.
Mason briefly reminded the Board about the case that was just before
them for a variance to construct the Cockrell residence. Mr. Stirling
Cooper was there to speak with the Board. Cooper gave the history of
the property, explaining that he was born here and very familiour
wi th the property. He explained that his father, Theodore Cooper,
was one of the trustees of the property, called Aspen Park, and also
secretary of the association. He explained how the property was sub-
divided by his father and associates, and how they donated ground
around the river to protect the river. He was referring the Board members
to, a handout of 10 pages given to the members at the beginning of
the meeting. During his rendition, h~ emphasized th~ word "betrayed"
stating that the Forest Service had betrayed them the most. His
mother sold 58 acres to A.R. Smith to construct a Boy's Camp. According
to Cooper, A.R. Smith then, during a discussion with one of the
members of the association, claimed some land that the members had
stated they might sell some additional land to him. There had
been no deed involved, according to Cooper. On page 6 of the handout,
it explains how the property eventually got into the hands of Ms.
Cockrell. Cooper claims that there was no deed, but only a letter
from Mr. F.D. Willoughby, which Cooper felt was no substitute for a
deed. He explained that there were a total of 5 trustees bhat should
have been involved in the sell.
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RECORD OF PROCEEDINGS
100 Leaves
r H"rrK[L [J fl. ,., L. t:J.
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Board of Adjustment
August 22, 1983
i/
Cooper pointed out the question a~ke4 on page 9 and felt that the
main reason he was there. This stated that in a court case (No.
81CV129) on May 20, 1983, Judge T.W. Ossola: "The court concludes...
that it (the deed to A.R. Smith} is not ambiguous, that it is not
subject to various interpretatioris. As both plaintiff and defendent
Lewis derive their titles from A.R. Smith, the Court. concludes that
neither party has established legal title to the prope~ty and that,
legal title remained vested in th~ grantors toA.~.Smith~ Cooper
felt that he and the other heirs of the original owners have titled
to Bonnie Cockrell's ite.
Cooper pointed out to the Board that the property seemed to be measured
from the middle of the Difficult Campground road for the variance. He
claimed that the middle of the road was never included in that parcel.
He complained that the Forest Service has allowed Cockrell to build
the house blocking his access tO,his favorite skating pond. Cooper
felt that the Board should not have given a variance to Cockrell
because the septic system would dump into the ponds which would dump
into the Roaring Fork River. Mason stated that the septic system was
not an issue handled by the Board. Cooper also pointed out that
from the footer to the edge of the pavement of the road, according to
his measurements, is less than 29 feet. He questioned if the Board
had understood that they were allowing a house to be built that close
to the highway. Mason stated that all considerations were taken
when reviewing the variance request by Cockrell. Cooper recalled
another incident when he was requesting a variance on property across
the highway and felt that the Board was inconsistent.
Cooper questioned the Board if they were convinced that he owned one-
sixth of the property in question. Mason stated that the aoard would
probably not have issued a variance if there wa~ a question of the
title during the meeting. Throm questioned if the Board was the
body to solve the problem and felt that it was a title action. Wes
Light, County Attorney, staied that the issue before the Board was
whether Patsy Newbury was correct in issuing the Building Permit.
Light stated that the permit can be issued if either attorney gives
a title opinion or if the department receives a current committment
of title insurance. The Building Department did receive a copy of
a current committment of title insurance disclosing the ownership
was in Ms. Cockrell's name, and that does meet the full requirement
of the code. Light stated that unless there was some basis for the
title company to withdraw the committment for title insurance, the
county will continue to hono~ that committment. Light stated that
if Cooper feels that the cornmittment is improper, then the claim is
not through the Board of Adjustment, but against the owner of the
property directly. Light questioned Ashley Anderson, representative
of the owner, and Bill Tom, owner of the Aspen Title, if they were
standing behind the policy. Bill Tom answered that they were. Light
stated that under current regulations, it was not the, Board or the
County's position to judge. Light also stated that if the County
Health Department gave a permit for the septic that was all that was
necessary for the Building Department to issue a permit, and if it
wasn't a proper septic permit, then Cooper would need to go through
a state agency for investigation.
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RECORD OF PROCEEDINGS
100 Leaves
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Page 3
Board of Adjustment
August 22, 1983
[.
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Krausch questioned which access road had been represented during the
meeting requesting the variance. Newbury stated that the Difficult
Campground had been represented and she had no proof that the
Highway Department owned that road. Cooper fil~d an objection with
the Board that he was never notified as an adjacent property owner,
Lukes questioned if the variance was a dead issue. Light informed
the Board that once the, ~ariance is granted the only step that dan
be taken by someone that disagrees with the variance is to appeal
the decision to a court of law. It was determined that the name of
owner for Mr. Cooper's property is Michael Fi~zgerald(5% owner)
and that gentleman was notified. Krausch questioned again about
the setback of the structure from Highway 82. Newbury pointed out
the turnoff for Difficult Campground Road and where the structure
was placed from that point. She stated that due to the zoning,
the setback was 100' and a 71' front yard setback was granted.
Bill Tom stated to the Board that an extensive search was done on the
property due to another reason, and the government ag~eed with
Tom's finding. Cooper disagreed, feeling that the government never
owned the property. Lukes questioned what should be done if they
acted on improper information. Light stated that if the Board had
definite proof that that was the case, then action could be taken.
Krausch felt that a just decision was made at the time of variance
request using the information given to the Board, but now there
seems to be several questions creating doubt. He questioned what
the role of the Board would be if there were now doubt in the validity
of the information given at that time. Light answered that at this
time the Board needed to decide if Patsy Newbury was right in reLying
on the title insurance and issuing, the building permit. with regards
to the variance granted for Cockrell i ,if they felt t,he, information
was improp~r, then the~ cobld ask Light to invesitgate and he could put
a conjuction on construction if he found an "intent to mislead".
Cooper felt the Board had granted ,a variance without sufficient _
evidence. He stated that he was going to have the Highway Departmeht
corne up and post where t_he right-Of-way is and he ,will' watch the
septic system carefully. He stated: that he was going to document all
the mistakes caused by the Board of Adjustment issuing the varia'nce
for Cockrell on bad information. Mason replied by stating
that the Board acted on information received in good faith ,and then
requested a motion from the Board regarding the issue. Cooper wanted
it on record that he felt that the Board had set a bad precedent.
Krausch moved that the Board uphold the action of the Building
Department due to the evidence presented to the Building Department.
Throm second the motion. Vote was called for and all were in favor.
william Mohrman, 567 Twining Flats Road 83-24
requesting a 40' front yard setback variance for construction of
residence. Bill Mohrman was there to represent self. Mohrman informed
the Board that the adjacent property owners were notified. He stated
that the variance was needed because if the structure was set within
the 100' setback it would be too close to the hill in the back, creating
too much shade in the winter months and that would deter their solar
gain. Mason was familiar with the property they wanted to build on
and felt it was a. limited buildable lot. There were no objections
from the adjacent property owners. Krausch moved to approve the
variance request based upon the topgraphy of the lot. Lukes second
the motion. Vote was called for'and,all w~re in fav6r.
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RECORD OF PROCEEDINGS
100 Leaves
.~M 'r C ;:- H;)[Cl(EL El. B. 8- L. co.
Page 4
Board of Adjustment
August 22, 1983
Red Mountain Homeowners Association 83~21
requesting a height variance to place a gate and sign across ro~d
as entrance to subdivision. George Bryan was thereto represent
the Association. Jane Mayer was there to express an o~inion brit
had to leave. Bryan explained that he did take the plans up to
her house and answered her questions and she was satisfied. Bryan
stated that another gentleman had recommended a speed bump to slow
people down along Reds Road. Lukes questioned if it was a private
road or a county road. Newbury stated that it was a private road with
public access. Newbury cautioned that the sign had to be high
enough to allow access of emergency of emergency vehicles and trash
vehicles, moving vans and etc. Bryan stated that his research found
that the height should be at least 16'. He personally would
prefer to see the height at 20'. Mason questioned about the gate.
Bryan stated that the gate would be left open, wanting it mainly to
point out that it is pr~vate property. Bryan explained that owners
were finding campers in their frontyards~ :Mason questioned Ne~burY ,
if the sign conformed t6 the sign code. Newbury ,stated that depended
on the type of sign it wa~ to be' considered. Bryan ~tated lhat the
main sign would read Red Mountain Ranch and at the bottom there would
be No Parking ~igns and Private and Street identification signs.
Newbury agreed those signs would be identification signs and would
have to be 6'. Lukes did not feel they should b~ giving a variance
for the request because the intent of the cod,e is 'to limit the' height
of structures and signs. The Board: members could not determine a
hardship for granting th~ variance request. Bryan gave a description
of the banks on each side of,the road. He' felt that the hardship
was the inconvenience of the homeowners in the area. k~ausch was
sympathetic, but felt it should be solved within the rules of the
county. Robin Ferguson, secretary of the Homeowners Association,
explained to the Board that signs have been tried and nothing has been
helpful. Krausch questioned if the Association had gone to the, Sheriff's
office for enforcement along the roads in the subdivision. Robin stated
that they will not tow on private roads. Mason advised Bryan what signs
and structures would be allowed, but advised against having a main .
sign with little signs hanging underneath. Shaffran moved to deny
the request based on the fact that there was not a hC),rpship. Lukes
second the motion. Vote was called for and all were in favor.
Irving & Estelle Tasman, Lot 11 ~ 12, Block 1, Kistler SiD 83-20
requesting a 10' sideyard setback for construction of an accessory
building. Irving Tasman was there to represent self. This is the
second application with the Board of Adjustment, since he was tabled
at the last meeting. Tasman stated that he was requesting the variance
for a garage since they did own several cars. He explained that
this needed to go on the south side of his property for egress
reasons, and was leaving 10' between the proposed structure and the
main residence SO emergency vehi61esoan go around the house.
Krausch confirmed that the structure :would be on the, property line;
The Board members tried to replace the structure to keep if from
being right on the property line.. Bill B~o~nwas.there ?s a neighbor
to object to the structure because it would block his view from a
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RECORD OF PROCEEDINGS
100 Leaves
)R~'~ C. r HnECKEL B. 8. It l. CO,
Page 5
Boa~d of Adjustment
August 22, 1983
hot tub he plans to install., He thou~hta solution :had,be~n worked
out between he and Mr. Tasman, but then received the notice tnat
Tasman was still 'needing a variance. J:.ukes stated that h~undeJ;'stood
the need, but wanted to reiterate that the goals 'of the 'zoning
laws was to restrict density and location of constru<;:tibnon sites.
He did not see, any reason to allow a structure to be built 'on the
property line. Tasm~n ~tated tha~the lOt wassm~ll. Shirley
Thompson was there as a residence of Redstone.' .she'felt that the ,lot
was being crowded and she presented some photos to the Board of the
lot and the construction going on. She objected to any furth~r
building on the lot. 'She also stated to the Board that a letter had
been signed by Mr. Tasman regarding landscaping trees and if that was
done there would be no access to the proposed structure. Tasman'
stated that the trees would be arriving within the next week.
The Board members continued to try to locate the structure away from
the lot line. Lukew questioned about the riparian setback that was
also requested by the applicant. Newbury explained that would be
necessary if there were swamp along the river, but in this case,
the bank area is dry and nothing is growing there. Tasman questioned
Newbury as to how far he must be from his main structure. Newbury
answered that he could build within the 10' necessary setback if
he used a I-hour firewall. Shaffran moved to deny the variance
request due to the fact that the Board is against placing a structure
on the lot line. Krausch second the motion. Vote was called for
and all were in favor.
Kevin Cassidy, 28007 State Highway 82 83-23
requesting a 22' sideyatd ~etbaak for proposed additionto~hous~.
Rod Bartlet was there to, represent owner,. He explained the con,-
figeration of the property,pointin~ out the unusual sh~pe.
He explained that Cassidy owned lots 0; 1 and 2.' When he attempted
to attain title insurance he found that he was right on the'property
line. Cassidy then made a deal to trade landwit~ the propert~ ,
owner of lots 3 ~ 4 in order to give him room for his title insurance.
The owner would like this addition' for' a, formal dining room and,
a breakfast nook. At this time the kitchen-dining area is approximately
6' square. Shaffran questioned what the hardship was. Bartlet
answered that the extra room was necessary for the farnily. The, original
setback was 20', which was changed in 1974. The present owners have
had the house for 13 years. Newbury stated that the present house
was built prior to all zoning. Bartlett presented some photos of
the house to the Board members. Bartlett stated that the house was
approximatel~ 1500 square feet. Krauseh moved to grant the variart6e
request due to downzoning. Throm second the motion. A vote was
called for and all were in favor.
Snowmass Cottages, John Ham, 9461 Highway 82, Snowmass 83-22
requesting a renewal of their sign permit. No one was there to
represent the applicant. Mason pointed out that Ham is one of the
first to comply with the code and to come back for a sign renewal.
Mason met with Ham prior to the meeting and visited the site.
He also met with the County Attorney. He was informed that all the
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RECORD OF PROCEEDINGS
100 Leaves
~"'.o C. F HOECKEL 8. 8. 1\ l. ca.
Page 6
Board of Adjusment
August 22, 1983
Board could act on was three things: 1) Whether there is a need
for the variance~ 2) All conditions when the variance was granted have
been complied with~ and 3) Has not changed any of the conditions.
Krausch was troubled by two items. fIe felt he was mislead about
the colors of ~he sign and the lighting. Alsd, he felt, with
the representations made ,about safety, that ,they must have l<now .
about the turning lane ,that was just put in. Throm stated th~t
the representing attorney and the owner should be qUestioned about
that issue. Newbury pointed out to the Board that the berm was
represented as being behind the sign, but the sign was, placed,on
top of the berm. Throm moved to table the issue until such ti~e
that Mr. Ham could be there to discuss the matter with the Board.
Lukes second the motion. Vote was 'called for and all were in
favor.
Meeting adjourned.
Respectfully submitted,
\
(~\v dr~ ~~~}..m(\jy,-
CS
J1;u m~
Chairman .
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RECORD OF PROCEEDINGS
100 Leaves
'RIIl'~ c. r HOECKEL 8. B. <'i L. co.
BOARD OF ADJUSTMENT
I.-
Ma y 3 1, 1 9 8 3
Members Present:
Bill Mason, Chairman
Paul Krausch
Dottie Fox
Bill Lukes
Alternates:
Kandi Shaffran
Bob Throm
Bill Mason, Chairman, called the meeting to order. He questioned if
there were any comments about the minutes from the last meeting.
Krausch moved to accept the minutes as read. Shaffran second the motion.
All approved.
83-10, Bonnie Cock~ell, adjacent and south of the entrance of Difficult
Campground
requesting a 15' sideyard and rearyard setback variance for construct{on
of a single family residence. Bill Poss was there to represent the
owner. The request was based on the nature of the layout of the lot
and the topographic hardship. Poss used a map showing the nature of
the required setback giving a footprint of the allowable area to build.
He pointed out the road which is the forest service road to the
campground. He explained that a variance had been previously received
on the front yard setback of 25' because of where the road is located.
Poss stated that the owner wanted to move the house even further away
from that road. Mason questioned where the beaver ponds'were located.
Pass explained that they were further down the lot. Poss pointed out
the existing gate and the parking area for winter use. Krausch questioned
if the owner was going to continue to allow the winter parking, which
was on her property. Poss felt she would. Mason pointed out that did
not concern the Board. The applicant's driveway would come off the forest
service access road because the topography was too steep at the parking
area.
Krausch stated that he was bothered with the parking area during the
winter months. He wondered if there was anyway they could pursuade the
forest service to provide parking off the highway. Greg Thompson
from the Forest Service was there and he explained that the forest
service would work with the Board, but the great majority of the property
was within the Highway Department's jurisdiction. He explained that
discussions had been held with the previous owner about replacing the
existing access road with one straighter. The new road would eliminate
some of the winter parking. The curve would also be eliminated. But
he reiterated that a majority of the road is on private land the
Forest Service has little to say about it. Mason recommended that Mr.
Thompson and Mr. Poss work together to satisfy this issue.
Lukes pointed out that a sideyard variance has been requested, but the
drawings do not show a need for such. Poss explained that was for
future expansion. Mason recommended to the Board that action be taken
for what is shown, which is the rearyard setback variance. Krausch
questioned if a hardship would be imposed on the owner not to know in
advance if such a variance would be allowed. Poss stated it would.
Krausch questioned if the building could be moved over. Poss stated that
the house might have to be moved due to the topography. Mason pointed
out it was an irregular shape lot. He told the Board it was their
decision regarding the sideyard request. Throm pointed out that the
. ,
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hardship would be the same for future variance requests. Lukes
was uncomfortable with granting a variance for unpresented designs.
Krausch suggested that something could be mentioned in the motion.
Krausch moved to grant the variance for the 15' sideyard and
rearyard setback variances based on topographical hardship and
lot configuration. Throm second the motion. Vote was called for
and all in favor.
83-11 Shanley Lauriski, 805 Smuqqler Mtn Rd.
requesting a 0' lot line rearyard-setback variance to put a fence' up
between his home and Smuggler Trailer Park. Stan Lauriski was there
to represent himself. Lauriski pointed out where he wanted to place the
fence and pointed out a portion of the property on the
southernly side that is under a dispute, and explained that when that
is settled he would continue the fence along the property line to
Gibson Ave. He verified that he was part of the dispute. He presented
photos to the Board members to help describe how it would look.
Michael Garrish was there as a neighbor to express his opinion and
he had no objections, encouraging the Board to grant the variance.
Mason gave the Board some background material on the development of
the trailer park. Brook Peterson was there for another applicant, but
as a representative of Smuggler he pointed out that there wasn't a
problem, but as Lauriski had stated, there was a portion under dispute
and he wanted to encourage the Board to encourage Lauriski to work with
the mobile home park. Peterson also stateq that the mobile homes had
been put up against Lauriski's property line to create open space within
the park. Fox motioned to grant the variance due to the change of
zoning by the City. Krausch second the motion. Vote w~ called for and
all were in favor.
83-12 Cozy Point Ranch - 17600 Highway 82, Aspen
requesting a 9' height variance for construction of a riding arena.
Brook Peterson was there to represent the owner. He explained that
the owner wanted to build an indoor riding arena. He presented to
the Board a five-year plan for the lay-out of the ranch, focusing
on the arena. Dick Bobbit, manager of the ranch, was there also.
Peterson stated that the height was needed for clear.span to jump
horses and also to accomodate the Building Code requirements for
snow load. Peterson stated that due to redesigning, only 7' height
variance would be necessary. Fox wanted to know how high the present
red barn was on the property. Bobbit stated that that was built 23
years ago and higher than the proposed riding arena. He pointed out
that the arena was being built on a low spot of the property.
Mr. Martin, a neighbor, was there to see what the ultimate plan
was of the riding arena. Fox questioned if this would be a commercial
operation. Bobbit stated that they would board horses and the boarders
would use the arena for riding. It would also be for the ranch's
use. Herb Klein, representing the Elay Corp., questioned if it had
been through the Commercial Growth Management Plan since it is a
commercial structure. Bill Drueding, from the Building Department,
stated that would be dealt with before thepermit was issued. Klein
stated that the Elay Corp. was concerned about the visual impact created
by the arena. He pointed out the property owned by his client that
would later be developed as residential lots. Peterson explained the
reasons for siting the arena, pointing out the lay of the land, where
the irrigated pasture land was and potential recreation area for softball.
Also they needed to place the arena in an area close enough to the
other buildings for security reasons.
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Klein stated that the visual impact is the main concern of the Elay
Corporation. He pointed out areas that the arena could be moved to.
He claimed that if the arena was moved, it would not be in anyone's
line of vision.
The subject of the arena being a commerical building was brought
up again and Mason stated that the only area that the Board could
act upon was the height variance. Fox was concerned about following
the proper sequence in getting all the necessary items taken care of
for the construction of this arena. Peterson felt there was a
dispute as to whether it needed to go through any other steps. Lukes
wanted to know if there were any setback problems. Peterson agreed
that the plan didn't show the exact footage from the property line,
but felt that would be confirmed at the time the permit was issued.
Mason stated that through the action of P & Z along with the Board,
accessory uses, such as hay barns, were excluded from the height
requirement. Lukes felt that the height requirement was problamatic
inmost cases for accessory uses.
Klein requested that the Board should look at the impact of the structure
on the neighborhood. Klein pointed out that the structure would block
the view of the Highway 82 and the pasture. The Bobbit's felt that
moving the structure would create a problem with the plumbing and
electrical.
Klein argued that the intent of the process is to protect the other
property owners in the area. Krausch wanted to know how" close the
proposed lots would be. Klein answered 250 feet. Lukes wanted to know
what the hardship was. Mason stated that it was an architectual
hardship. Lukes was concerned with the legality of such a hardship.
Klein discussed other ways the barn could be built to comply with
code. Peterson stated that they had to structure the roof a certain
way to attain the 75 pound snowload. Shaffran wanted to know if they
could build the building without the height variance. Peterson
replied that they could but the cost would be a great deal more.
Mason read from the Pitkin County Land Use Code the definition
of a barn. Fox wanted clarification as to the use of the structure.
Bobbit stated that it was a barn to be used for riding and jumping.
Fox was concerned if large groups would be gathering there. Bobbit
stated that anywhere from 10 to 15 horses were now stabled there and
the owners would have use of the arena. Fox felt that when the
code was rewritten on the accessory uses, it was for accessory use
to the farm and not for commercial use.
Lukes still felt that there was not a hardship the Board could base
a decision on. Krausch felt that the code was trying to maintain as
much of the rural feeling as possible and this type of operation
accomplishes that. Mr. Martin comments were that if such a use is
allowed in the zone, this structure should be allowed. Fox
questioned what agriculture use was gained from the land. Peterson
listed off such items as hay, irrigation and range for horses and
cattle. Fox was concerned about the traffic created by this
proposed arena. Mason felt that the matter of commercial or not would be
the responsibility of the Building Department to determine and to
then chane I the applicant properly through the system. Krausch
questioned the applicant as to what the proposed structure's roof
would look like. It was stated to be a non-glaring, off-white,
plexiglass roof. Peterson stated that the color is restricted by
Airport restrictions. Lukes wanted to see the structure clustered
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with the other buildings on the ranch. Shaffran stated that she
managed some of the homes in the adjacent property area (Brush Creek
SiD) but had heard no objections. Klein pointed out that the Board
had taken into consideration proposed building sites in the past when
making a variance decision.
Bobbit informed the Board that the Elay Corporation had requested that
the structure be moved 250' from the road and that he had agreed.
Klein suggested that that be made a condition of the approval.
Krausch questioned if that would be a reasonable compromise to the
Elay Corp. Klein stated that he would recommend it as a fair compromise.
lt was determined that the structure would be set back 250' from the
~hip and seal of Brush Creek Rd. There was a discussion as to the
lardship. Lukes moved to grant the height variance of 7' based on
~ractical difficulties created by the Building Code, and the setback
would be 250' from the chip and seal of the Brush Creek Access.
Mason called for a vote. Shaffran asked to abstain. Since Fox
was abstaining, Shaffran was requested to vote. Fox stated that
she was uncomfortable because the code amendment made at P & Z was
not for this type of operation. Shaffran was concerned because
she managed properties for some of the adjacent property owners and,
even though they had not contacted her, she felt they wouldn't like
looking down on the proposed structure taking into consideration
the proposed size. Shaffran stated that she did not feel a conflict
of interest. Mason felt she should vote of she did not have a
conflict of interest. Shaffran's objection. was to the size of the
building, not the height. Bobbit gave the size of the building as
16800 square foot. Mason called for a vote. The vote of three for
and one against, with Fox abstaining. The request was denied.
Peterson questioned if they could come before the Board at the next
meeting for reconsideration. Mason agreed.
83-13 Frank Goldsmith, owner Richard Morton, Lot 10, Block 1, Red
Mountain Rd.
requesting a front and sideyard setback for an addition of a garage.
Frank Goldsmith was there to represent himself. Mason had a letter
from Evan Benning, to the Board, representing Riata Land & Livestock
Company, stating that the owner of such gave full approval for the
proposal of Mr. Goldsmith. Fox wanted to know if the Red Mountain
Ranch Association had been notified. Goldsmith stated that the
meeting would be the second week of June and they would handle the
issue at that time. Goldsmith stated that there was very limited
parking for the five bedroom house that now exists. He explained that
he wanted to add the garage in the back of the house. He showed
some photos of the property and the house. Shaffran questioned the amount
of variance requested. It was determined as an 18' front yard setback
variance. Goldsmith pointed out a steep embankment on the property
where the driveway should be and pointed out how steep the drive
was anyway. Goldsmith stated that the association had complained because
people were parking on the road during the winter. Fox motioned to
grant the variance for the proposed garage of 18' front yard setback
variance due to the topography contigent upon the approval of the
homeowners association. Shaffran second the motion. Vote was
called for. All in favor.
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83-14 Bruce McIntyre 0437 Thomas Rd., Carbondale
requesting a 3' east sideyard setback variance for construction of a
deck with hot tub. Jim Condent was there to represent the applicant.
He pointed out the original house and the barn on a plat for the Board.
He pointed out where the redwood deck would be placed. The Board members
reviewed the variance that was issued prior to this one for the
barn. Mason questioned Bill Drueding why the deck needed to come
before the Board. Drueding explained that there would be a hot tub
on the deck along with a mechanical room, making it a structure.
Lukes questioned why it was placed where it was. Condent stated
that on the others ide of the house there was already a deck
and also they wanted to access the hot tub from the house. Condent
explained that the, excavation was already there and the view was better.
Shaffran pointed out another area where the view would be good.
Condent stated that the landscaping in that area would have to be
destroyed. Fox stated that th~ County Attorney advised the Board
that they could use their discretion regarding such matters. Lukes
could not see a hardship for the particular placement of the proposed
deck. Lukes questioned how high the deck would be. Drueding stated
that even at grade, a variance would be needed because of the
mechanical room and hot tub. Fox questioned about the deck height
as the ground sloped off. Condent stated that the owner would
probably fill in with dirt. Fox felt it was unreasonable to deny
a hot tub on a deck that might be built anyway. Drueding pointed
out the size of the mechanical room involved.
The Board, after discussion, did not feel that there was a hardship
involved. Condent questioned what the applicant needed to do to prove
a hardship. The listed hardship requirements were given to Condent,
but Krausch stated that in such cases as his the Board Wbuld be less
inclined to acknowledge these hardships. Lukes felt that the
applicant needed to show that there was no other place on the site
the deck/hot tub could go. Lukes moved to reject the application
on the basis of lack of hardship. Krausch second the motion.
Vote was called for. All in favor.
83-15 Richard Blanchard, Lot 51, Holland Hills
requesting a 3' east sideyard setback variance for construction of
a house. This would tie in with a variance granted in 1979. The minutes
were read from that particular meeting. The original 20' setback variance
was on the east side. Blanchard stated that when he put the
foundation in last year, he nor the Building Department had forseen
a problem with the leach field. He had to reverse the location to be
compatable with the neighboring buildable lots. He also explained that
he had had to move his water line to another area because of the leach
field. He explained that the size of the leach field had to be increased
because of a change of policy with the En~ironmental Health Department
since 1979. The width of the house was not increased. Shaffran questioned]
if the Board could take away from a variance once it had been issued.
Mason felt that it could not. Mason pointed out that there were no
objections from the adjacent property owners. Kandy moved to approve
due to the lot configuration. Fox moved to second. Vote was called for.
All in favor.
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Lukes told the Board that he and Fox had worked on the sign code and
had given it to the Planning Office to be put on the agenda on
P & Z. Lukes asked Mason if he could pursuade the Planning
Office to go forward with it and get it placed on the agenda. Mason
stated that he would.
Also, Mason informed the Board that he had contacted Jim Moran
regarding the Snowmass Cottage Sign and that Mr. Moran was out
of town. He had been contacted by the owner, Mr. Jim Ham, and
he appeared to be helpful in the matter. Mr. Moran would
contact Mason upon return to town.
More discussion was held about filling the two open positions
on the Board.
Meeting was adjourned.
Respectfully submitted,
~ ~AJ..J A tA.-A
Secretary.. f
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