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Home My WebLink Aboutpitkin.boa.83.12 e _ Joe Zanin moved that the following be adopted: BEFORE THE BOARD OF ADJUSTHENT OF THE COUNTY OF PITKIN STATE OF COLORADO RESOLUTION NO. 83-12 Cozy Point Ranch, 17600 Highway 82, Aspen 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 RESOL~~D that the applicant's request for a 7' height variance for construction of a barn Additional conditions or restrictions: structure will be set 210' from Juniper Hill and the landscaping plan would be followed with a time limit of 18 months for completion. WARNING: Any violation of the terms of this resolution may result in rehearing ~~d possible revocation. Paul Krausch seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Bill Mason - yes Paul Krausch - yes Bill Lukes - yes Joe Zanin - yes Dottie Fox - no The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: June 28, 1983 The Board of Adjustment of Pitkin County, Colorado JAArtAOAt. fJ'cArncw-- Secre ary .&,e ,. ~~~- Attest: Chairman (,~,...."..... '11 ,..--....., ........"... '-".'. Da te '~ / I I 19 , Applicant 00-:2'( POuv-r ~~.vt e ~~ County of Pitkin e Case # b'3,- \ ~ Owner yY\ . C. i--\ Cl'l,N C SlI\I Address I J (0 <S'U i Jvu '1 g2.. (~~ {~uV\ K2 'K~ Address 1/6c)O Location of Property G~i~ fo,...,..,- !7A'U--c.n - /J.,.. /] i IT::> f L7--I (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: IktG:>..JT r1.1"S -rtJ ;Sc"q frL f,.J o (:: r-103 ,r) 1(.., ( ,II I rJ 0 .'0{) (..7(. [)f~ n l>'L'-"; ,( 'S c: 2' (h:.7rrcAd-CfJ ? C/1 -,..J <f) 'TO ('~ fli-LI U, '71-1 i'3'-.J I (., Dr'" .(". Ce..p? ~ or f.rC7~-:1i S"' "-~ L-<. /T7J - ~2- --rYl--'-''')s-<; l.-'S I-a IJ-vc i-e I~ /?v..', L-'- c.v I'~ f'\ <4- I, 2-- p, Cf ort - S <.; . TJ..lr ,- ,/ ~ v- t' f ( tA--t.:C I t>th.: C,..p 0 ;;.:. - ~rs u-bf 'f ~ AA-">t(f;, Co' ,. J S ,-Z (,' ~ Ih.. <..- (!.) 1 I" 0,<...0 cvJZ.. --ro ,)v...-y:> I do-~;:""$ ,,J 'i. i co ~ - v-.. l-n.~ G-<-> \ /)1 cr' ~ '"'" ,/~ -rJr-... :,>c,,=s .- (2) I'\::) .o~ I ~ to :~ (2oC' & - Js tAl il4fcu..Co. c... ft '- If <::0 crt... ~Te-<:'1LS - @ ~jV (.,ot:: Ih- 0 -rr(,''1j;.J ~d-u ~ C$- U I d LeN i;J- I , ( rsc.~' r~{ i"-v17i It.c:.f)So.,......I Fcc~" ~;...t)Co, l """ T"7d--C F \ tLs.- oPu c...-C - ') (,/ \ (~/ rft/~ It,! ~, Applicant Signat~~ f1- e teXz.."L.(-:'Ld- &1 ' Provisions of the zoning resolution requiring the Building Inspector to forwarc this application to the Board of Adjustmen~ and reason for not granting a b~~ding p~rm~A F/ ~'~ ~~~ {Z"u.<U-:-,~ / d' ,.,LV c[ (! ~ ~k....,,, ~ ~X' /X pc ~ 1 /tA~,'n<-- ,~-- - I tL- ~ ~ w~~' /~' 7.n OJ 1 ;) .5...q,~Fj"j-;;.I.. ~J.y"- , Building Insp. Signat, ur~M;;~ . 7 /-c 0- Date permit rej ected: Board decision v\AJLrr....i:Q~ J Application filed: Date: Mai led: Secretary, Board of Adjustment ( " ,~ '~ " , "t ~ ~ ~-"') "--1. '. .." \. ~ "-/ .. ~ .~ )'1 ',.) ~'.l eLl! ,c I " J ! I I ,i \. II! ; 1\1; ~ " . BEfl Tilr; PJ'fYll'! CClJi-ITY UOt\HD OF )\~ ,n;T:I1:llT ~t'-J !iLl'. }:'[(),IJj:j,,','! m!tII::l',,'_~ J\rFECT!';u flY 'J'j:r: nJ::~~:)J:S'J,'ErJ z('n~n~c OR (J~;C '\T,;\EUUICC Dl;,~;C:'UllED DEUJ',': Pun:Ui1nt: to llU~in COUllty Ht';',!.inlutJoll of, ,1't.1!1(..! 5 r l:)~'iS I ,,11::, amenucd, i1 Public IlCi'1l:inf) \:S.U b(~ llclcl in the- CO\!"ty Cornmi~';:_;io"I<,:rf; HCiClrn, Pitkin County Cou:t't. I!ousc, l\.:'iPN1, C010~D,dr (~/):c.lt ~itlch otbcr l?Ltc(,~ as the lllr2ct:i nq milt then be udjournfJdj to c()n~;idcr an <lpplic':i.b,'"' U.lec1 iVith U~IJ ~clid EOi1J::'cl Ijf lI<ij\.wtm.cnt requesting .:l\.1t.hor,ity :['Ol: var:;i,ance f:nml the pj.'(:'.v:~sions of the CrJllnty Zoning l\c::;ohtt.icm. All vcr50ns affected by the proposed variance arc invited to appear and state \flews, prates t.s or objections. If YOll cannot appear p~~rsonal1y at such mC(!ting, t' lln~ urged to :.>t.:1tc your views l.Jy letter. particularly if you have objcctioll to sue variance, itS the Board of Adjustment \.,ill qiv(~ seriou~ corlside.r.:tUon to the c'pinir f'iUrrOUl1di1l9 l..,r0pcrty owners and other affected in deciding \..,heHler to grant or de request [or v., rian cc . ',t'UE PAH1'XCULP..RS OF THI:~ I:EARn~G AND 01:' THE REQtJES'L'ED V1\RIANCr~ /IRe AS FOLLOI'I Date and ti.:ll€ cd: meeting: June 2eJ, 1983 , at 5:15 o 'clock-E~ Name and Address of Ap.l?licant for var.iance: Cozy Point Ranch, Me Herndstat, 17600 HWy ,82. 'Aspen, ,CO, Location of IJroperty or Description: 17600 Highway 82 West., Aspen Variance Requested: Requesting a 9' height variance for construction of riding area Duration,of Variance: Pc rtnanen t xxx Temporary Condi ticm : '. . , ~ THE PITKIN COLJN'rY BOARD OF' l\DJUSTM.ENT .... ....._~__". /.3(~./1.. ~~__,__.._.__._ nill Mason, Chairm~n (,..~)OF"," r")'" r) \...J ... \.:. ~___ ..J<tJ .. ~e~ D DEL I V ERE D e LAW OFFICES BROOKE A. PETERSON A PROFESSIONAL CORPORATION 611 WEST MAIN STREET ASPEN. COLORADO 81611 (3031 925-8166 May 19, 1983 Pitkin County Building Department Pitkin County Courthouse 506 East Main Street Aspen, Colorado 81611 Re: Height Variance - Cozy Point Ranch Dear Audrey, The following is a list of the owners of the property adjacent to Cozy Point Ranch, according to Warren Connor of the County Assessor's office. These are the owners who need notice of our request for a height variance scheduled for hearing on May 31, 1983, in front of the Board of Adjustment. Waller, Harshall Waller, Sylvia L. 10315 Lloyd Road Potomac, Maryland 20854 Elay Corporation c/o Albert Rose and Leonard Millrr.an 4098 So. Parker Road Aurora, Colorado 80014 Stuches, Doris C. Box 618 Aspen, Colorado 80612 Baxter, Gillian and Robert Box 9594 Aspen, Colorado 81612 Shaffer, Alan and Sally L. Box 9789 Aspen, Colorado 81612 Melby, Walter R. Melby Betty J. Box 113 Aspen, Colorado 81612 Kurt, Janet Knoop Knoop, John G. 1 Locust Hill Road Cincinnati, Ohio 45245 Embrie, Daniel J. Box l27A, Best Road East Greenwich, New York 12016 Blacker, Michael H., Trustee 6940 S.W. 96th Street Route 1 Miami, Florida 33156 Crawford, Don D. Crawford, Jack B. Box 8269 Aspen, Colorado (~f~ ~~ ~J~:: ~1 e Pitkin County Building Department Hay 19, 1983 Page 2, Oates, George c/o Bruce Gordon, Esq. Box 9621 Aspen, Colorado 81612 Mills, Walter Box 68 Aspen, Colorado 81612 Martin, Maurice L. Suite 2101 7777 Bonhame Clayton, Hissouri 63105 Otte, Sharrell Box 3715 Aspen, Colorado 81612 J. Wergo, Inc. P.O. Box 3502 Aspen, Colorado 81612 Rivas, Emanuel B. III Bell, Ray L. 318 Lake Marina Avenue New Orleans, La. 70124 Holst, Jack Holst, Shirley N. Box 119 Aspen, Colorado 81612 Gray, Richard G. Sr., and Gray, Kathryn S. Box 645, Route 2 Mound, Minnesota 55364 DeGolyer, Everett L. and Helen 4430 Bordeaux Avenue Dallas, Texas 75205 e Sheriff, Richard A. Apple, Hary J. Box 4943 Aspen, Colorado 81612 Martin, Maurice L. Martin, Marion B. Suite 2101 7777 Bonhame Clayton, Missouri 63105 Kopp, Robert L. & Company Kopp, A~elia & Company Box Ion Aspen, Colorado 81612 Hunter, Patrick Jona Hunter, Rita 0126 Mediterranean Avenue Aspen, Colorado 81611 Heineman, Peter E. Box 118 Morrison, Colorado 8lE12 Van Valkenburg, Leo F. Van Valkenburg, Marjory J. Box 3282 Aspen, Colorado 81612 Wild, Jon D. and Colby, Cathleen C. Box 872 Aspen, Colorado 81612 Cornish, Robert Henry Cornish, Jean Hart Box 2002 Aspen, Colorado 81612 Jenkins, Kathleen Box 588 Aspen, Colorado 81612 (" ~ ..,...-......-......." r ,-" . ...' '- ., J e Pitkin County Building Department Hay 19, 1983 Page 3, Krohn, Frank 3003 Butterfield Oak Brook, Illinois Martin, Suzanne E. P.O. Box 6240 Snowmass Village, Colo. Pulstolka, David L. Davey, Denise I'L 530 East Bleeker Aspen, Colorado 81611 Shellman, Dwight Box 39 Aspen, Colorado 81612 Holfson, Justin Wolfson, Karen 636 Albemarle Drive Shreveport, La. 71106 Cleary, William J. Box 1755 Aspen, Colorado 81612 Jaurequi, Gregory Garcia Jaurequi, Helen Delores 107 West Broadway Silver City, New Mexico e Lemos, Donald Box 321 Aspen, Colorado 81612 Miller, Jack Steven Box 4285 Aspen, Colorado 81612 Rinehart, Dixie L. Rinehart, Carol R. Box 1100 Aspen, Colorado 81612 Torinus, Charles Torinus, Na_ncy Box 2125 Aspen, Colorado 81612 Clark, Harold Box 2775 Aspen, Colorado 81612 Bialek, Stanley Box 4291 Aspen, Colorado 81612 Pitkin Iron Corporation Box 790 Glenwood Springs, Colorado 81601 88061 Mossbacher, Robert and and Sandra 600 Jefferson-Cullen Center Houston, Texas 77002 Estate of John V. Spackner c/o American National Bank and Trust Co~pany Special Assets Division 33 North LaSalle Street Chicago, Illinois 60690 Paepcke, vial ter P. Life Insurance Trust c/o Horrison & Morrison, Ltd. 105 West Adam Street Chicago, Illinois 60603 ~'1/J Ranch, Inc. Box 4765 ( 'li ~ 'I.,.... I." ~ .... l-~ ...... . "'.-' '_' . II i....J e e Pitkin County Building Department May 19, 1983 Page 4, Hoore, James F. Box 707 Aspen, Colorado 81612 Koutsohous, Ted Box 9064 Aspen, Colorado 81612 Please contact me if you have any questions. Yours very truly, By: BAP : j 0 cc: Richard Bobbitt 1"'!-6'..t#'..... ,,.'It,.,~ f........ . _~ ....J. ... ~ . e ....~ -.,~~----~_.~~.-_.~_.._~.._- ,-.-.... ......-... \ g. 1590.S- , I z;:, ~5'izr.s ! - ~J I' -, I j II . 5"0' . I I zo '--4-1 ~. =l~~ E. =1Y1:f: 3 I I I \\l~~ 7.'~ ~ " '...... " '\.... . ...- . ) '. . - c--4.-l E::. -7.598.8 I BO' "'-'-~.~ I I T ) -..- J;l ,. ~ '~""Io -;.I ~5" E ~'59/S tE] [_ E.1593 :-:1---' 80' e. ;J59.!Cr C:--;:J 7' ~"?8 200 ' e i I j' I I. \ I ~ ~J I i i ~ I ! i . J ;~ I l I j - - ~ / So '. I /00 __._____ __H' c-- 8 :=j5'l !? '75'157/ I- t ff: =jS'I:r.8 90' c',.".... r",,,,,,"-J .' '.-$ '--r ~ II ~J . ....0.... cY . 1>",.~ t<<--'~ e e r' ..1 L; tel.} ",' ,,"'! r~ "~ ,,j . - 'IOOft. SCALE 1111.- :1 -- ---~------~ ~----- ----.~----~ --. \ I / , ''', ". ,. .~ 'I .' -----~ /----- "",,-- " ,:.)':f~} . /<>3 ,\~}" '~ \.1 {\.,'\'''_~ ~,!~,_:(' 1 '~'_>'" ~ ~" ~ --. '-'--"'- <' ~Y-C-:c~ .,'.. ."':) .D"s-... " _ V,#'....'i. . '/ .. -:;;,~. 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".../ ~~ ...;:: __ ._ 'w ...; /' ~~ ---. __",/10 ~'. \, \ \ ( , / / / -' / / ,/ / . "--. -""--- ~.......".. (~)~,r' '...( ,.J . !, , , . -, -'-~rr ..' .~- ---:.. ----,C"') 5:''''':,,-, ',.:-I . · \, . \(_ . ". ). ': .1' :/ ) '(1' P\<'~"",'\ "'..~ 0, ,I' , ". \, K:) , ::.... 'I \ 1\ '. ')"", I:, \<\. ~tJ/"n. (J(.,{~.~" t :.. \ , . ,~. ',j (" r If) ., " . '" ,,,A-' ." J- , J l.,' 'L_ccc> (~) -/ . , _ 'r~ t\ \ (:!f' , - ,~, , . '-- ' ~~ \ " ,/ ,I .1 j . ;;',: ~ - \ ~ ~" [' fJ', :, I ~\J ~... C ).: --d~ ~ , L~( r.~ 1..:;\11 , (rj 'd'..>. ~ ' , (, ~1 I, ) 1-- - j__ -' . \ \ , ,\. '0 \ ..", . ',~\(?\ '....... \, / 'I G) ',--, .~, .. I " :.' I' (: " :, :~ , , ~:\~.\~ {\ ~(l..t~ ..,....... ,., ,,, '''9 '''''', . , ." '--~ . \.' - e e LAW OFFICES BROOKE A. PETERSON A PROFESSIONAL CORPORATION 611 WEST MAIN STREET ASPEN, COLORADO 81611 (3031 925-8166 June 24, 1983 Ms. Patsy Newbury Building Department Pitkin County Courthouse 506 East Main Street Aspen, Colorado 81611 Re: Cozy Point Ranch Dear Patsy, The purpose of this letter is to clarify the uses for the new barn on the Cozy Point Ranch. The AF-l zoning in this area certainly allows the construction of farm buildings. The new structure will be a farm building utilized for the storage of grain and hay, and for the keeping and training of livestock owned by the ranch. I wish to clarify that that facility will not be uti- lized for commercial purposes, but for the agricultural operations of the ranch. As such, the variance requested is a reasonable one so as to enable the barn to meet County building regulations, and in light of the fact that it has always been County policy to encourage agricultural operations. Furthermore, we have accomodated the concerns of the area residents by changing the location of the structure. I would hope that this letter will serve to clarify the situation. Please contact me if you have any questions. Yours very truly, /"" ~ BAP : j 0 cc: R. Bobbitt Iltr...'.... ,K"'~ 0 \.. .' ,_; ._<1.... e e June 20, 1983 Mr. Bill Mason Pitkin County Board of Adjustment Pitkin County Courthouse 506 East Main Aspen, Colorado 81611 Dear Mr. Mason, I approve the request for a 9 foot height variance for construction of riding area at the Coxy Point Ranch on Highway 82 near Aspen. s~. ,bJ- Patrick J. Hunter PJH/lat HUNTER (C(Q)[NJ~~lUJ(Cu~(Q)[NJ 126 Mediterranean, SP 2E Aspen, Colorado 81611 925-4906 SHEET NO. ("~'""I-'''~1 ......'- ",v", ...... ('- e e SACHS, KLEIN & SEIGLE JEFFREY H, SACHS HERBERT S, KLEIN JON DAVID SEIGLE JAMES H, DELMAN B. JOSEPH KRABACHER PROFESSIONAL CORPORATION ATTORNEYS AT LAW 201 NORTH MILL STREET ASPEN, COLORADO 8161 1 TELEPHONE (303) 925-8700 June 1, 1983 Patsy Newbury Pitkin County Building Inspector 506 East Main Street Aspen, Colorado 81611 Re: Cozy Point Ranch - Indoor Riding Arena Variance and Building Permit Application Dear Patsy: On behalf of Elay Corporation, an adjoining land owner of the above described property, I appeared at the May 31, 1983, Board of Adjustment hearing on a requested height variance for the proposed sixteen thousand square foot indoor riding arena. The applicant is the Cozy Point Ranch, owned by Michael Hernstadt. At this hearing, it was stated that the building department, was ready to issue a building permit for this structure provided the height variance be granted by the Board of Adjustment. I asked the applicant if the building department was requiring a growth management plan commercial quota allotment prior to issuance of building permit. The applicant responded that it had not been discussed and it was not anticipated that such an allocation was necessary. I realize that the commercial quota system is a relatively new regulation but it is my understanding that it does apply to this type of project. Would you kindly review your records in order to determine whether or not a GMP allotment is a prerequisite to issuance of the building permit for this project. Thank you very much for your consideration, I look forward to hearing from you shortly. Very truly yours, SACHS, KLEIN & SEIGLE /' /o~/ ,,~,/ ,/~ c....-:-_."" ~~ ~ ~ / ,_ By" Herbert S. Klein cc: Sunny Vann Wes Light Elay Corporation B ~~r f .; .~,': ~. i: ~1 G INS;')i:CTOR ~... ...~ -~Yf~~ -.L'\~'" 'f::!~l[pr{ ',' ( , -!' )., ,"" ~"): . ''l , \_' '- '("'4./w ASPEN.PITKIN _EGIONAL BUILDII. DEPARTMENT May 25, 1983 E1ay Corporation c/o Albert Rose 4098 S. Parker Road Aurora, CO 80014 Re: Cozy Point Ranch 17600 Highway 82 Aspen, Co Height Variance Dear Mr. Rose: Per your conversation with the office, I am enclosing reduced copies of the plans for the riding arena. As you can see, it shows the location and elevation of the arena. Mr. Richard Bobbit, representative of the owner, will probably be bringing further information to the meeting. If you have any further questions, please feel free to contact this office. - Sincerely, ~cl~~ Audrey Richman Secretary Board of Adjustment (_~ .r ~ ~.: ~~ ~,-.3 offices: 110 East Hallam Street Aspen. Colorado 81611 303/925-5973 mail address: 506 East Main Street Aspen, Colorado 81611 I l~~ ~~ _-L~ l -- , Ii I 8 ~ I ! 'I \ -0 o ! (\J ~~=~_~~~--- F-c'l~- ~==:J _H~' j -r1~ - \. . -- ~ -.j ~- r " D 2 ~ :> :t ~ ':1 - >' 3 IJ .8 ~ ' ~ S . ~ L ,--.- , h--It~ . .tl ~ ~ "'" - '-' I CC '1 !i ~ (1. <.Y '1 b (1 , ell 'u ) do' ..L (- (j1 I~ -:1 'J (-.=:- ~ ~ o (j A {) <. ~ '3 41 ~~ ~ ~ '= "t 'J l>O o - -J ><fJ )< 3V' ('''OC11 " 'flo\JI -, I } '---' ,--............... 1 Ie:) :~ :: :..1 " /," :j. . ~, I~~~ , I l------- :c~.~-- I ill I \!I ~ I ! -0 o {'II ,.,...}~-- .-:/: D 'J ~ ~ :t ~ ':l - '" 3 fJ -8 ~ . C8-- ~ S -'<I ~/ .lI " .JI ']: & c:. rl \f I V \ ~-~-4 -~ J~= \- k- -It~ - ....-J ~ ---.J t~ .. ~ -~~: J \. . ~ , ~ ;l ~ , "'-", . ~ (~~18~~~/l , , i I I ! i i i I I ! i I { : ' ~~) C 1 S I ! I q: '2 1 <.!J "1 jj rl , ell 'u .J :[ (- \J1 I~ '1 () Q.. \.. ~ o u :" \) ~ ~ ~ ~ \ <. ~ ~ "" ~ ~ { .,- ?- 'D ~ ~ '" ~ ~ \. "\ 'e ~ l '\ ~ ~ ~ " \1\ ~ ~ ~ I 0. ~ ! ~ ~ - \.0 ~ "t l -- ' - ~ ~ ~ (ft ~ % ~ t- ~ ~ t - -0 -. - ~ ~ \ ).) \~ "'0 ~ ~ ~..Q> ::lfoo ~ '0 c:::. .\1\ '\'\ ~ ~ <- ~ ~ , \ , " ~ "\ <:::,. ~ 1:- "'?t> '" '" ?t> \1'\ ~ ~ ~t/ '1 .". ( ,. '{J (' 1 r~ . ,'. '--. .:''1.. ....,1.. ~ ~ 1493 1 BUILDING PERMIT APPLICATION Applicant to complete numbered spacestonly. x/v~ 1 A !l~~ I eLK iJ ~ I TRACT } / I-J.- {rzfs9: ATTAC,HE'ISH7TJ ~~#lAA /t"\~,t./M, MAIL ADDRESS ' . - .. ZIp. . ... 1, ' - - PHONE 8t:'X (/ ~0-/ 'l/t/' qJ]- C!900 I Jurisdiction of Joe ADDR ESS I LOT NO. L E GA L 10ESCR. 12 off)~ A' N, IE kA-Xh.:),\ 13 CONTRACTOR 14 ARCHITECT OR OESIGNER 15ENGINEER LEN 0 ER MAIL ADDRESS PH ON E MAl L ADDRESS PHONE MAIL ADDRESS PHONE MAIL ADDRESS 6 USE OF BUILDING 7 \8 Class of work: 9 Describe work: 'I II I T 5 / , A'1= j{) T; . I 04 /CIU '/, q A.- v jg NEW D REPAI R D ADDITION D ALTERATION 10 Change of use from Change of use to 111 Valuation of work: $ ISPECIAL CONDITIONS: /7 --r--- ' , _';19 U(/1-/{j i a~r ~~.-vJLd/ --'-. r. 1 PLAN CHECK FEE Type of Const, I Size of Bldg, (Total) Sq. Ft, .,#10" .cccmo" Fire APPROVED FOR ISSUANCE BY Zone PLANS CHECKED BY No, of Dwelling Units 1 NOTICE SEP RATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMB- ING, HEATING, VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUC- TION AUTHORIZED IS NOT COMMENCED WITHIN 60 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COM- MENCED, I OTHER (SpeCify) h:;p'E~EJa, oCJ'll) 6YKJ~~ \~EH::~E \'bA~E 'i-~~l~~~ 1~6~ R ~~~~ I ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION, Special Approvals I ZONING HEALTH DEPT. FI RE DEPT. SOIL REPORT SIGNATURE OF CONTRACTOR OR AUTHORIZED AGENT (DATE) SIGNATURE OF OWNER (IF OWNER BUILDER) (DATE) WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT CK. M.O. CASH PERMIT VALIDATION CK. CASH PLAN CHECK VALIDATION Form 100.1 INSPECTOR o :i z '" :II :; II . " " :II '" lJl lJl LICENSE NO. LICENSE NO. LICENSE NO. BRANCH o MOVE D REMOVE PERMIT FEE I Occupancy Group Division I No, of Max, Stories Occ, Load I Use Fire Sprinklers Zone Required DYes DNo I OFFSTREET PARKING SPACES: Covered I Uncovered Required I Received I Not Required I I I I I I I I I I I I I M.O. ,""(.)('" ..., \, ;'_' n.... r ~ \; --,.----_._._~~"<~~-~.._,._.. ,~~,-".-~,-~-,"..- "","'",...," ',. ,,~,,",.",' '"" "..,' ",-,"..~..~,,-.,~...~,~ ". . -'" 1 t----...........,..,....,-..."..,.",,"'"'..,.,., '~'-"'"... '''" ....' ..._."'-...,,"...,.._~..'.._._.l.,,,... '~..nh' ,,'.' "'"' ,..," j I ~ I J j J ~ f 1 ! I ~~ t r 11 , " ~,' \ i I f I I 1 1 ~ .~ \ I I i ~ :i , rS;X -{VI IL-f--;f{-~-~ C-;;---\ I .. "'""".,.......,_".......__.__..,..._l,..-........, ""...."">>"~~'.....,..l-........_>,-,,.,,....>>..."',,.,...y.......~."'..........,.........'.. .......,",.......'..,...".".,...,'-''''............,.'''......< ~..".ol~...'.... I '! >, . ! IHO .... 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PH:.JPj':HTY OHlin',S J\FFECTL\) BY 'rim nE0ur.~'1'EO ZOlH:-:G CR USE V.i\!Ul.~jCE Dl;scrULlED DELO~": ~ Date and time of meeting~ June 28, 1983 I at 5:15 PurSUilnt: to F-J,tkin CoulIt,y Resoluti(1t\ of.. .rune 5, 1955, a!:, amended, a Public flciu:inry " \till be held in the County Ccmmi~~;iorl(lr5 Roam, Pitkin County Court I!ouse, Aspen, Color':l (or 'at~uch other pl~ce as the meeting milY thr;;n be adjourncdi to consider an applicilti f..U.ccl \oIi th the ~.:lid Board of Adju!>tmentrcqucsting a\.1thQrity for variance front the pr.0vIsior.z of the County Zoning Hc::;olution. All persons affected by the proposed variance arc invited to appear and stat vlcws, protests or Objections. If you cannot appear ~1rsonally at such mentinq, t ~rc urged to state your views by letter, particularly if you have objection to su variance,'<'ls the EO.:lrd of A,djustmant will give serious consideration to the surrounding ..:>rC"perty owners and other affected in deciding whether to grant ~cquest for variance. 'I'm:: PA~TICULARS OF THE HEARING AND OF THE REQUESTED V1\RIA"'~CE ]IRE AS Name and Address of Applicant for Variance: Cozy Point Ranch, Me Herndstat, 17600 Hwy:8i'. ~Aspen, CO Location of ~roperty or Description: 17600 Highway 82 West., Aspen Variance Requested: . Requesting a 9' height variance for .c~nstruction of riding area Duration of Variance: hnwment xxx J 'l'e1l\porary Condition: ~ . .. ~ THE PITl(IN COuNTY BOARD OF ADJUSTMENT ':": 13;~n-- Dill ~~son, Chairman ,. . e e RECORD OF PROCEEDINGS 100 Leaves . '.& C., ~ HO(OCtl e. I:. . l. co. BOARD OF APJUSTMENT PITKIN COUNTY June 28, 1983 Members Present: Bill Mason, Chai~man Dottie Fox JOe Zanin Paul Krausch Bill Lukes Alternates: Kandi Shaffran Bob Throm Bill Mason called the meeting to order. He questioned if ,there ,were any corrections or additions to be ma~e to the minu~es ,from the last , meeting. Fox stated that on theca'.$& of Cozy Point ranch,., she dta, not' abstain, but did vote no on the issue. With that change, Fox moved 'to approve the minutes. ,Shaffran second the motion. Mason then presented to the Board a letter of application for membe~ship , from Peter Dobrovolny, who is' a solar architect. Fox and Evan Gull' ,gave good references for the applicant. Mason stated that the Board would consider him~long with the other applicant, Rob Snyder. . Cozy Poi~t Ranch 83-12 was before the;Board again with the same application to appeal the decision that was made at the previous meeting. Brooke Peterson was there to represent the owner, Michael Herndstat. The managers of ' the ranch, Dick Bobbit,and his wife, were there also. Peterson stated that he wanted to clear up misunderstandings and to deal with the questi6~s about the involvement of the Commercial Growth Management Plan. ' , Peterson stated that they had met with the Board of County Commissioners, and the BOCC felt that their intent when writing the GNP was not to restrictagricultureoperation$ and build,ing. ,The BOCC had a18<<;) stat~d, that they felt boarding horses was included inagricul ture o:pera~ions. Peterson stated, that in a lette'r he' s,ent to Patsy Newbury', Building Department, boarding horses wo~ld 'riot be aprimaxy use o~ ,the' , st~ucture, but it 'would also,b~ for the training apdkeeping of livest.ock, owned by the Cozy Point Ranch o,r py the 'managers ,o,ft'he ranch. Peterson stated that in trying to meet t~e,' desires' of the neighbors , th,e comrnfssioners and' the Board, they have ,set the' proi?os~d: barn,: approximately 2,10 t, from JriniperHillRoad '(BrtishCreek) .Also~ they, have lowe'red the actual amount ,of the' 'building above' grourid by approx':' imatelyl~'. He stated that ,the building would now be built approxi~ mately 4' under ground. With regards to Siting and landscaping concerns expressed by the Commissioners, Peterson stated that 'they would be bermi ng,. Shaff:tan asked to see the five-year plan that was presented to the Board at the last meeting. Bobbit described the plans that the owner would like to follow, money permitting. Shaffran explained that her objection at the last meeting was the size of the building and felt that voting no Was the way to keep the building from being built. Thro~ felt that was not for the Board to decide. ~ ....... e e RECORD OF ~ROCEtDfNGS 100 leaves .. ~ll C. F'. ...Olan .. ... L..'o.' Page 2 Boal;'d'of Adjustment. . .June ,28., 1983' Herb Klein was there to represent ElayCorp, who is objecting to the positioning of the barn. Klein felt that the first'decision of the Board should be upheld. He also supported the reasoning behindShaffran's decision, handing out a portion of the provisions of the L~nd Use Code relating to the, Board of Adjustment. This was ArtiCle 16, Section 1.3 of the Pitkin County Land Use Code, specifically, ......provided such relief may be granted without substantial detriment to the public good ........ Krausch questioned Kle,in if he was familiour with the changes Peterson had just described to the Board. Klein stated that he was. He also stated that his . client WaS not satisfied with the movement of the structure, stating that would not help the situation. Klein stated that his client did not feel bound by a telephone conversation that he had had. with Bobbit. Throm felt that Klein was taking that portion of. the Land Use Code out of' ,context. IHein did not agree, feeling that the Board had opportunity to control something that would not be reviewed by other board's. . Fox questioned the hardship that was involved. Mason felt that the hardship was the heiqht limitation andth:e requirentent to build the ro()fto handle the required snow load. Fox, felt it. . was 'basically an economical hardship .,be,causehe 'wouldn 't be able . to'. get maximum use from' the structure , without the' additiQna:lheight., Mas:on stated that the' height rest~ictions isn't reasonable' for.a barn. Klein, questioned the possibility of having a flat'roOf.and doing more excavation, understandin'gthe hold up would be ec.onomic'al. Krausch questioned ,if there, would be any less ,of an ,impact because,' ' of the variance if thebuildinq was built,within the'zoningrestr-ictions. Klein felt that it the owner couldn't use the s.tructurefo'r what . , they';' intende(j, there would be less' ot atraffie problem, ,also th~re would be less m.ass involved, creating less impact all around. Klein stated that hi~ client objected to the buildings size and the building site. Klein pointed out the 16 acres owned by his client, stating that they had one building site. Krausch questioned to what extent the Eray Corp. would develop. Klein reiterated that his, cli~nt had one building site. The Board discussed other cases when a variance had been granted fbrbarn.. Mason reminded the Board that all cases were handled individually. Peterson stated that it was not a commercial riding arena. Mason que.stioned Patsy Newbury if she was satisfied with the use of the structure. Newbury stated that she was. Fox still had a question . about the hardship involved. Mason explained that t~e height requi~ement limited the dwne'r from using the structure for what he wanted, which was an agriculture use. Krausch wanted to know how they had justified granting variances for barns in the past. Newbury stated that certain zones allow more height but not in the particular zone that Cozy Point is in. Fox felt that it might not be appropriate to have a.structure over the height limit. in th~t zone.. Newbury stated that the zone Cozy Point was in was: meant. for smaller'lots. ,Throm felt.that it wae an' equestrian bperation and such. an operation. has .a nee'd . fora barn I, or in' this · case, .a' : riding arena. Krauscih : questioned ' if :anyof.the otJ1~r neighbors objected~' There were no 'objections ,but there; w.as, a ,let.ter from Pat Hunter:, an adjOining property' owner ,statinq that he had no objecti6ns. ' , v ,"... e e RECORD OF PRotEEDINGS 1'00 leaves JIIM)$I C. r. ...orGan. I. .... \, ito. Page 3 Boa,rdof A.d)ustment 'June 28:, 19,8~ Zan.tn que,stioned if the height variance would be 'less considering that" they were dropping the building down. Bobbit went through the height dimensions of" the structure. It would be set in the ground 3'. ' . That would 'leave the building 21' abovegrac1e. The amount allowed is l7' above grade. Lukes questioned about the color of the roof and re- maining structure. Bobbit stated that the roof would be off-white,. non-glare, sides will be the same color as the red barn already on the site; trimmed in white. Krausch felt that the intent of the structure would be, the bes,t use o;f the land to the extent of keeping the area as 'rural,as possible. Krausch felt the applicant has the right of the variance and the use in mind. Fox questioned if they were asking 71 variance ,because of existing grades. When the structure is finished it would be 4' above the height limit. Lukes stated that the, Board appreciated the effort the applicant was making. He felt that the structure w.aslocated very appropriately. A neighbor was, there for another reason I but informed the Board tha,t he ,felt :the use' was appropriate and felt the'owners should beallo~ed ,to use the building' for ,the rid'ingand tr~ining. H,is, pro~~rty 'is , located, a:irectly ,above the Cozy Point ,Ranch ~ Fox was, concerned' :tha:t " th.e ,berms and landscaping woufdn' t be~arr1ed, ,out 'a,s' presented, 't6 the, Board. Newbury ,suggested tha,t 'the ,landscaping plari' J::>e ' incorporated ' into amotion. " . ,. . . . The Board assured.I<leinthat they donat' set preqe,dents, and the '.decision by t~e Board regarding thi$ case does not set'a preceden.t forfu1;ure' , ',' height variances. ' , :. . . '. # . Zanin mov~d to grant the request for a 7' height variance on th~ grounds that the structure would not ,be functional witbout the' additional height, also stating that the landscaping plan should be followed, and the structure will be set 210' from Juniper Hill Rd. A time limit of 18 months was set for the completion'of the landscaping. Klein stated that he understdod from the County Commis$ioners that landscaping should be completed before i$suance of C.O. Krausch second the motion as stated by Zanin. Vote was called for from r~qular members. Zanin, Krausch, Lukes, and Mason voted for. Fox vote~ against. Motion was passed. Mellis See 83-15 Pa.rcels ,1 & 2 of the Roaring Fork River Property, requesting an 80" front yard setback for construction of a carport. RU$ Piel$tick was there of Pielst;ick and Assoc,. to repre$ent the owner ~ Pie,lstick , po'inted' o,utthe location of the property to the members. He stat.e4 that when originally built, there was a 20' sideyard'setback.' At thepresen,t, the se,tback line goes through the' existing" hou'se.' He' requested that they be allowed' to build under, the 20' setback, that'", existed' orig;ina,lly. ' :Lukes was con;fused about ccUlinq: it a sideyard.' when th~ acc~ss wa$ takeri from, that '~i:de. ., P;ielstiek, stated' that' un~ertbe o~igi.rial' zoning it 'w.as, th.e :s'i:deyard. Lukes determined' that an ,'80' frontyardsetbackwaswh,at ,was' riecesary. PielstiC.k discu$$ed with' th,e, Board the . area and 'the alyout, <if "the present, ' structure. Newbury told the Board: that the'lot id'h~vea,topograp~y -.;J ~ I.l,.... e e RECORD OF PROCEEDINGS 100 :Leaves .. u c.,. HOCatl\.... L . L. ,.p. paqe 4 Board of Adjustment June 28, 1983 problem. Fox, mOtioned to, grant. the ,80 I : fronty~a'rd, setback due to ,the' topographical 'hardShip ,and the downzoning.' Zaniri second the motion~' Vbt'e was called' fqr' and all waS in: favor. ' . '" . , , Mason inform~dtheBoard that four ,applicants had requested a sp~cJ.al meeting 'to' expedite the process., He q1,1estioned th~ Boa:rdJ s opinoi:6n.. It was determined ,that there were n~ real urgent ones. The aoard ' did not' feel a special meeting was meces'sary atth'is time 0, Meeting was adjourned. Respectfully submitted, >A".t\^x.", P.A'(" IV'. 0.'-- Secretary \S ,z~ .t1.~~ ,) c a:rtnan . .' ' ..:... . ;.to e e ~ RECORD OF PROCEEDINGS 100 Leav8s 11IM,. c.,. KOCClCIl.. I.. e. . .... co.' BOARD OF ADJUSTMENT May 31, 1983 Members Present: Bill Mason, Chairman Paul Krausch Dottie Fox Bill Lukes Al ternates :' Kandi Shaffran Bob Throm Bill: Masc)'x'h Cl1ai:t'man, called the m~etinqto order. ,~e questioned i,t. th~~e\:'1er~ :ariy COmments; abouttheminutesf'rom,the last: '!l\f!etin9:. ' KtaU;sch moved to accept themitiutesasrea4.. Shaffran's-econdthemotion. Allapptoved. ' . , ' . , , , , 83-:10 ~ Bonnie Cockwell,' adjacent' and ,south of th~ entrance of Difficult CampgrOUnd " ' requesting a ,15', !3ideyard and ,teary,ard ,setpa<::k vari,ancefor construction of a sirigle family residence. Bill Poss was th~re 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 requited 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 receivE!!d on ,the front yard setback of 25' because of where the road is locate~. Poss stated that the owner wanted to move the house even further away from that road. Mason questioned where the beaver ponds"were located. Poss 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 h~r property. Poss felt she would. Mason pointed out that did not, concern the Board. The applicant's driveway ~ould 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 "&.read:uring the winter months., He wondered if therE!! was anyway they coUld :pursuade' ,the forests:erV'ice to provide parking of,f the highway., Gi:eg'rhompson from,the'Forest,Service was there and'he explai:ned that.t.heforest , service wou'ld' work with the Board ,but the ,great majority of ,the p+"operty waswithin.~he: Higbwa.Y I>:ep~:rtIt\Eu~t~s.juris."dictiqh. ' Heexpla'Aned' that, ' discussi()n$~hadbeen held with the previous owner a;bou.t replacing the existing acc:::ess ,road W1.:th one straighter. The.' new road would el;iminate some: pfthe, ,winter parking. The curve would also be elimina,ted. But' he reiterated that a majority:of the road 'is on private :land the Forest Service has ,little, to tray about it.'" Mas,on rec()I'!Unen~edthat loJr~ Thompson and Mi:. poss work, tog.ether to sati.sfythis iss\le. , , Luke~ pointed out that a sideyard variance has been requested, but 'tl)e drawing$'do not show a need for such. Pass explained that was for future ,expa,nsion.Mason recommended to the BOard that action be 'taken for what, is shown, which is therearyard setback variance. Krauseh questioned if a hardship would' be imposed on the owner not to know,iri 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 irregulars.hape lot. He 'told the Board it was their decis,ionregarding the sideyard request. ',Throm pointed out that the 'l" -""'.,,,",~, ,C" ,.,., , ,,,,.,,., ",', --,". . ",C'-',,", ., ," ,,' 'Y'"7'" ,._,.. '".... ,..,-.., ".',. o. " . __, ' .. e e " RECORD OF PROCEEDINGS 100 Leaves ... It c.,. ..orcan.. .. .". co. " Page 2 Board of Adjustment May 31, 1983 hardship,wQul<ibe the same fQr future variance requests. Lukes . wa$ uni;omfortable with gt'ant.ing a variance for unpresented designs.. Krausch suggested that something could be mentioned in the motion,. ,Krausch, moved to grant the varianc,e for the 15' sideyard and reciryard ,setback, variances based on topographical haids~ip and, IQ~ configu,rati'on. Throm second the motion,., Vote was called' for and all:infavor. , ' , . ' 83-11' Stia:nlev Lauriski, SO.S SJilijqq:ter MtnRcl,. r,eq~esting,a 0',' lo,t linereciryaro 'setb&.ck va:t"l.ance to p:qt' a; 'fence' :up ~etween his home and 'Smuggler Trailer park:. ' stan LauriskL was, :there' to, represent himself. ' LauJ:iski'point;.ed out:wh~re he:",anted'to: plac~ the fehc~anq: ,pointed :ou,t a portion ',ofth-e' property on' :the ' southernly ,side, tha.t is under adi~pute, am~ explained that'when th:at' is settled he would continu(;!, the fence 'along tl1e property, line to ' Gibson Ave. He ve,rified that he was part of the dispute. Hepreserited photos to the Board members to help describe how it would look.' , Michael Garrishwas there as a neighbor to express his opinion and he had no objections, encouraging th~ Board to grant the variance. Mason gave the Board some background material on the development of the, trailer park. Brook Peterson w~s therefor another applicant, but as p 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 stated. that the mobile homes had been, p\,Jt uP,', against Lauriski's property ,line.' to cre~te open space withi,n the park . Fox motioned to grant the variance due t the change of ' zoning by the City. Krausch second the motion. Vo e wa,; called for and all ,were in fav'or. ' \ 83~12'CQZY point,R-anch - 17600 Highwav 82, Aspen requestin.g, a 9'helght variance for construetion of it riding arena." Broqk, ,pe:terson. was tpere to. represent. t)le owner. He explained that ' the oWner 'wanted to build an indoor ,ridi,ng arena.', He pr$sen,te~ to the ',Board: a five-year plan for the lay-'olit', of tihe ranch'" focusing on, the ar~na. Dick Bqbbi t ,manager of the;raneh, Wa!i; there also ~ , Peterson: stated ,1;.hat the height .was needed' for' clear ,span 'to j\i.mp, horses and 'also, to accomodate'the Building Cod:e requirements: for , s,now ,load., Peterson stated that duato redesigning, ,only' 7', he~ght variance would be necessary. Fox wanted ,to know 'how 'high, th~ p.t'esent, red barn was an the property.: Bobbit stated that that ,was: built' 23 " years ago, and ,higher than the: proposedrid,ing arena." ,H.e' p()inted but' that;: ;the~ ,a:r~na wa:s beiff<lbuilt"on--a--low :spoto,f ,the 'prope-rty . , ' I , " , Mr . Martin , a nei!ghbor, was there to see what the ultimate p,la~ ':' , was "Of the riding~,arena:. Fox, questioned if this would be a commercial , operation., Bobbit stated tJ:1a't they would board horses 'and tbe boarder,s would use the are a for rid1ng.lt would also be for the:ranch's ' use.. Herb Klein, representinq the 'Elay Corp., quest,ioned if' it had: ' been through the Commereial Growth Management Plan sinCe it is a ' commercial structure. Bill Drueding, from the Building Department, stated that would be dealt with before .thepermit was issued. Klein stated tha~ t,he, Elay Corp. was conc~rned about the visuilJ... impact, created by the arena. He pointed out the property owned by his client that would later be developed as residential lots. Peterson explained the reasons for siting the arena, pointing out the lay of the land, where the irrigated pasture land was and potential recreatiOn area for softball. Al,$() they, needed to place the arena in an area close enough to the other buildings for security reasons. , j . ,M_. ; ; . , , , , ,.',. '. " . . e e ~ RECORD OF PROCEEDINGS lOO,Leaves _. e.'o _I~ i. ....L..O:.. , " Page 3 Board of Adj.ustment May 31, 1~93 , . . Kl~i.n' s'tab~d that the v,isual impac~ is :.the.main 'conc,erh.c;>;' the 1!:lay', . ' Corporctti:~n~,Heppint~d, out are.asthat' .th~ .ar.~na co~ld be moved, to~, He :cl~ime4.that if, the arena was movedtlt.: wpu'ld not .be in: &1yorie.,"s' lin.'ofvisio~. . , , ' , . , . . . . .' " The subject of the' are,iia~in.g a commer.ical: puildirig: was };>rought up Cigairi :~rid' Ma~on . stated that the' only ar'~a that the, Bo.arq eould: . ac:t.UP'on~a$ the hE!iqht variance.. FOiCwas concerned :about,. following the. proper sequence in getting all 'the: necessary i temstaJt~m care p'f fqr the construction of this arena .Pet.erson f'el t there was a dispute, as to whether it needed to g6 through any other steps,. Lukes: wanteato. ,know if there were AAyse.tback problems. '. Peterson, agreed .that the J:>lan didn't: show the exact footage fr,Oltt the property line, but.feltthat woul~,beconfirmed 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, we.X'e excluded from the height requireJnEmt. Lukes felt that the height requirement was problamatic in ~ost. cases for accessory uses. Klein req1,1ested that the Board should look at the impact of the str\1cture Qn the neighborhood. Klein pointed out that the structure would block the'view of the Highway 82 and, the pasture. The B()bbit's felt that moving the structure would create a problem with the plumbing and electrical~' ' , Klein argued that the intent of th'eproces$ is to protec~ . toe qther., property OWners in .thearea~'Kx:ausch wl1!:1ted t() knowhot,f.,clol;Sethe ,', proposf:!d ,lots wQul~ be . Klein. anSWered. 250 feet. Luke$'wa:ntedt:o k.no,w what: the . hardship was. ' Mason.~tated tha't+t' wa~ an arC})itectual .. ' hardship_ "'Lukes was' concernedw,ith the ',legality of 'such' ,a ,'harQ'ship.. . Klein dlscu,ssed 'other ways the barn could. be< b~ilt .to. ccnnplywitb,: . code. Peterson stated that th~y had to " structuie ,theroof".acertain: way :to atta'i,n the 75 . poundsnowload,~ Sh~.ffri;ln ..wanted', .to :)(1'10W if they could build' the building wi thoutthe height variance., Pet~rs;on' replied that they could but the cost. would .be a qreatdeal m()re. Ma'sori read from the Pitkin County Land Use' C9dE{ the (ij9finitlon . . of a~ harrLFox wanted clarification as to'theuse of the ,'structure. Bobbit '$ta,t.ed ,that. it was a barntQbe used f,or' riding and jumping.... Foxwas.'coricerned if large groups would be gatheringt.here.Bobbit. stat~dth~tanywhere from 10 to 15 horses were now stabled 'there an4 the ,own~rswould have use of th~ arena. Fox felt that when the code,-wa~~rewri:tten on -toM '.aeee.ssory '-U-lteSr it was. for - acce'S'soryu1;"e', . to .the farm and not for commercial. use. Lukes still felt that there was not a hardShip the BQard could base a decision on. KX'ausch ,felt that the' code was trying to maintain as much of the rural feeling as possibleand't,his type of operation accompliShes that. Mr. Martin comments were that if such a use!s allowed in the zone, this structure should be a,llowed. Fox questioned what agriculture use was gained from the l~nd. Peterson 1isted'o.ff such items as, hay, .ir-rigat.iGn . and. ,r-ange for horses and' cat.tl.e. :,Fox was concerned about the 'traffic: created by this p:r;-oposedarena..' Mason felt tba.t themaf:'ter of commercia:l'or' not' would be' the responsibility of the Building'Department to determine and to the:n chanel the applicant properly throuqh the system. Krau~ch questioned the applicant as to what,th.e proposed structl,lre's ,roof, would lO(jk like. It wa~ stated to be anon-gla'ri~9, of~~white, .' ple3<;iglas$ roof.' Peterson stated that the col()r is .r~'stricted by. Airport.. te,strictions. 'Lukes', w.anted' to s~e:thestrUctti:re'c;l#.stered . '~.~ ;. ::... I. .. ".. . .' . -. . '" . ;:','r7W~~-:'!'; ;'!C:-'~~;:7>'\';~R'~'i~>';',~"'~',",:;~' .. ".. . "} ',', "~; . "',' ,,,,"'''', "',."7.' '",'T"';'I!"<.' """"",.,." ,',""7" ""~ '''''''''''''''''''''''='~' ...._..,'~.,.",",".,. ,~. .. " , '~",.... e e, ~ IllII It C.~. HOU1ln .. L . L. cD.. ' , RECORD OF' PROCEEDINGS, , 100' leav~ ~ ,Pa<1;e ,4 ' ~ard 9f,~djust:me~t ',' May 31,',1983,' wtth t~e:other bu'.ild,inqsonth.e talich~;" :Sbaffr~nstated:', tbat:~ $h~ -. manaqed,sQrBe' ,af' t.h~ homes, inth~ ,ad,j_cent',pj:ope:t:'t.Y'aiea, (Brush' Creek SIp)' but:ha~' heard: no objections~ IUei~point.d out tha,tthe Board: " had'taken).nto consideration propo~ed building.sit.es :intbe' pastwh~n,' making:, a variance decision. ' " " BObbi t inf,ormed the Board that the Elay Corporation had ,requested that the ,structure be moved 250' fro~ the road and that he had a<Jreed. Klein s~gqested,that that belQade a condition of the'approval. Krausc~ questioned if that would be' a rea.onablecompromi$.e ,to the Ela.Y Cor,p.' Klein stated that he would reec>Jni1lend it as a fair compr~mise. It was determined that the structure would be set back 250' from the, ,::hipands,eal of Brush Creek Rd. , There was a discussion as to the 1ardship. ~ukes.mov.ed to grant the height variance of 7' based on , .?ractical difficult,a.es 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 abst~d~ing, Sh_ffran was reques,ted to vote. Fox stated that she was 'uncomfortable because the c9de amendment made at p& 'Z,was not for this type of operation. Shaffr-an was concerned because' she.ma,naged.propertiesforsome,of the adjacent property owners ana, eve~ though they had ,not contacted her, she felt they wouldn1tlike, look;i;ng- -d6wnon 'the proposed structure, ~aking into consideration ',: the ,proposed size.,' Shaffran stat.ed,that:shedid not feel ~a,conflict of inter' est · Mason fel tshe should, vote of she did not have a ,',', ' . confJ;ict ,'o',f' interest. Sp.affran's oJ,>je,ctiori; wa$:to, die, siz,e: of the, bui'ldin9~,'n,Ot th,e height. Bobbit gave the 'sizt;! of tne,buildinq , a's, 16800 squa,refoot'.Mason called for a vote. ' ,'l'he voteo.fthree' fo,);:' :,' and oneagaihst ,.wi th Fox abstaining. The' r.equ'est was dan:i,ed. Peterson questioned .1 f they could come befQr,e t'heBo.atdat ,the ne~'t " meeting for reconsideration .' :~ason aqreed:. 83,-13, ,Frank Goldsmith, owner:RichardMortoni LOt .10,' :Block, 1,'~ed' MOUntain' :Rd.,' , " , reque~ting ,a frontandsideyard setbaokforanaddltionof'a ,ga;>iuje'. : Frank Goldsnii th was there to represent h!Jnself. Mason had a letter ' from Evan'Benninq,to tne Board,' representing ~iata 'Land:, w.vesto<;:k Comp~-ny, ,s:tatingthat the owner 'of such <Jave fullapprova~:fo;J:" the proposal:ofMr. Goldsmith. ' Fox wanted to know if the Red MOuntain Ranch Association had been notified. Goldsmith.tilted that tile meeting wOuld be the second week of June and they would handle the issue at that time. Goldsmith stated that there was very limited park~ng for the five bedroom house that now exists. He explained that he wal'lt-eti,''to~-add:- the"ga'rage'in'-the'-baCk-O'f thehouse~~ 'lfe' "showed"'-, some,photos of the property and the house.' Sbaffran questioned the ameunt, of variance requested.rtwas determined as an 18' front yard setback variance.' 'Goldsmith pointed out a steEtp embankment on the property whe,r,e the: driveway should be and pointed out ,how steep the driVe was anyway.. Goldsmith $tated that 1:.heassociatlon had'complained because '. people were 'parking on the road durinq the, win,ter . Fox ,motioned to grant the ,variance for, the proposedqarage of 1St' front yard setback variance due to the topoqraphycont:Lgent upon the approval ,of the homeowne:t:s association. " Shaffran second the' motion., Vote, wacs ' called 'fQl:'., ' All, in favor! .. , "';' '+,;, :~. ::' ; ,~ < """" "," """,",~, ,',""~,,,.., ".'" "",,,",,' '.~ . .\,~,..t' e e, ... , , , _.. C. t. ...u.:1~ .. .. . L.. C.. , , , ' ,,',' 'RECORtl'OF~A()CE~f)IH~S, 100 Leaves , , "7'-~ Page 5 ,', BoarQof 'Adjus~~nt', '"~y ~1, ,1983 ' . .' . . . 83;..14 Bruce Mclnt Carbondale r(!q\1esting :a';p east s eyar setbac var .neeor'constructiorf 6f"a ' deck wi~hhottub. Jitn Condent was there ,to represe~t the applicant., He pointed out the' oriqtnal hOuse and t,heba'rn on, a plat for the Board. ' He pointed ,out where the redwood deck, WOuld be placed.' ,..he Board Jnembers reviewed, the variance that was issued prior to this one for tb. 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 wtth a mechantcal: ,room,makinq it a structure. Lukes' qu'estionedwhy it was placed wbereitwas. Condent stated that on the others ide of the hQuse there was already a deck and also1:hey wanted to access the hot tub from the house~ Con~ent explained that the excavation was already there and the view was better. Sh;affran pointed out another area where the view would be good. Condent'statedtha~.'the landsc~pirtg in that area would have to be dest:royeQ. ,Fox stated that the County, Attorney advised the Board that they:c,ould use their discretion regarding, such matters . Lukes could noto.see a hardship for the partigular placement of the propo,sed deck., ~ukes, questioned, how high tn,e deck,wollld be. ',Drtieding stated tha,teven',at grade; a 'variance woul-dbe: neededbecaus:eof,the, ' mech~mic,~l:, room ,and hot, tub .:Foxquest:ionedapou~ th~ 'Qeck hei,9'~t a$,' thegro~nd sloped'off. Cqndent, :stated,thattheo",n~r' would ',,' probably,fillin with 'dirt. Fox, f~lt i.t wasunrea$onable',to deny a, hotdt~b'qna deck that might be built,anywaY~Drt,1ediRg pointed out the size of the mechanical room involved:. , ' ' , The ao~rd I. 'afi:.el:;' discussion" ; ,did not, feef, that',therep'~a$ 'a' h~rd$hip., ' involved." Condent, que$tioned,;, what 'the :applicant' needijd' to :(io ,to ,prove a 'hardship. ' ,The listed 'hardship req1iiremftnts we:regiyen to Condent'~ but ,'Krausch ' stat'ed that in such cases as' his the Board W'bucld' be: less, incliried'.:to a'cknow.J.edge ,these 'hardSh,ips. Luke,S felt' tha~,:. ,th$: : applic'ant' needed to show that\:here 'was no other place on the site the deck/hot tub', could go . Lukes m.ovedto reject the application on t.he ,basis of lack of hardship. K~ausch second the, motion. Vot.e was' ca:lled for.. All in favor., 83-is R1chardBlanchard, LotSl, Ho.llandHill$ requesting a 3'ea8t sideyard setback variance forc~nstruetion'of a' house., This would tie in with a'variance granted In 1979. The minutes were read from that particularmeettnq. The original 20' setback variance wason th~ 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 ~evers(! the locatton to be . _co.mp,at~~aJLth__tbe_n.eiqhbQrJ.n9'-but l.~a;ble,lot.:s, ,,_._, ,Be_..a,la()_,J;uc:p.la.in~d_~tbat he had had tomo"e his water line to anoth.X" area because of the leach field. He explained that, the size 'of the leach field' had to be incre,ased hecause : of a" change' ofpoltcy wi ththe ~nviro~ental H$al thDeparqnent : sin.ce 197,9 . The width 'of the hous,e was not: increased. Shaffranquesti'oned] if the BOard could' takeaway from, 'a. variance once it b.d ,'beent$sued. " , Mason'fe,lt -that it couid not. ',' MasonpQinted out thattl\ere\.tere no' obj~ctiorts froin the, adjacent p;ropeity o}fflers. ;Kaooy' 'moved' to, approve due, to: 'the' lot configuration.," Fox'lnoved to ,s-E!cO,nd .ytrte, w~s calleQ' ,for,.' , A,ll"in, fav9r~' ' "" r ,.' ,,:' , ' , " ' ...,......,,:. . .. ... .. . . , ' . . RECORD OF PROCEEDINGS' . . lOO ,WV88 ' .... ,c. ,.ItO(ClCE\.'.. i. -"L. Cll-' " Page 6 : . 'Board of. Adjus-tnient May 31, 1983 . ' Lukes told the Boar'd, that he and Foxhac:i 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 pUl:8uade the Planning Office to go forward with. it an~get itplaoed on the agenda. Mason stated that he would. Also, Mason informed the Board. that he ~ad'contacted Jim Moran regarding 'the S.nowmass Cottage Sign find that Mr. Moran Was out. of" t,own., He had been contacted by ,the . owner, Mr. Jim !lam; and he appeared to be ,helpful in the matter. 'Mr. Moran would' cOr')tact, Ma'son ,upon .return to town. More' di~cueu~ionwas held about filling :the two open posit~ons on the' Board. . . . Meeting :was.adjour!'1ed. Respectfully submitted, . . "' . . . ".", . ~r~.~ . I)~ t:'.IJ~(,~NL ' SecJ:'etary' ,., . & .' " . .-' ,', , : . ."..'I~",~ r ',Cl)arrnan. ,:, \ " . , "l~';~:(I :~'.t 1, '" Scanned 8/7ft)7 File Finders Box #10