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Home My WebLink Aboutpitkin.boa.83.28 e e Bill Lukes moved that the following be adopted:' BEFOnE, THE BOARD OF ADJUST~1ENT OF THE COUNTY OF PITKIN STATE OF COLORADO RESOLUTION NO. 83-28 Raymond Willey, Lot 4, Crystal River Park SiD 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 aIid will nO,t substaritially impair the intent and purpo~e of the ZOning Resolutic:ms and the zoning maps. NOW, THEREFORE, ,BE IT RESOL~D that the applicant's request fora 66' front yard setback variance, 5' sideyard setback varianc~ on the east and a 10', sideyard setback variance on the we,st. Additional conditions or restrictions:' subject to approval of the Homeowners Association WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. Paul Krauschs~conded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: , : Bill Mason - yes Dottie Fox - yes Paul Krausch - yes Bill Lukes - yes Joe Zanin - yes The Resolutic;m was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: September 27, 1983 The Board of Adjustment of Pitkin County, Colorado ~~)~~ , ' Secte~y , '"' /0PM~ t:L/C:Z:Z7' , Chairman, C'.... ".. ,.. #" .. .'q" ,,~,...... , ~,"/ ,. ,',- ~' -/ Attest: e BOARD OF ADJUSTMENT e DATE (b.~ (/ '2.1 19 L.L CASE# _83 - f) P, APPLICANT ~ r') '-- ~"- OWNER K~ '-vA v I ADDRESS (?,"x. 'I'll ~ c.-4 La. f:l t:#J ,--4 .~A-...~. ADDRESS ~~__~ i2.Af-: .~ ~-n , LOCATION OF PROPERTY /..OT 1- ~~(j?~~. r~ ~ Lo. ~ . Any pertinent data must accompany this application, and will be made 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 shov.ring jUstific,ation: ~ a..,.-<<~ c-"""" "..~. ~ .g,;.J.;Plt! ~ ~ ~, ~ --cLt ~ 1,.0 ~. ..Jc..t1.., 10 J"~ A-1.4*. ~ ~_. ~ ~b"o / 79Lk?j S(,:,4...) ::;;f::;"-' y,Q ~':2 B' w;'/2.t · ill '" '!::j~ ~~ q ~ ...t.e.. I. __ 0" I' . c..- .'. a.. 2 0 ~ ~ /(llIC.A_----tP :z.S "" ~ 0 ~- h ~ '-.<P "..;....w Go ~.. ...L-. ~ . (~ a:u~ ~ , Applicant Signature ~~{"..--j~~J provisions of the zoning resolution requiring the Building Inspector to forward this application to the Board of Adjustment and reason for not granting a buiding permit: ' r Li. . ~.~~.L AF-I ~ .~ . ~ J /~ """ M~~ ?U ~~~ /;..1. 3"tJ./;t ~&VU-~ ~ I tf tF? ~ r: ~~ 1 v W~~~ Date Permit rejected:lf'J:ir:~ Building Inspector Board decision Application filed Date Mailed Secretary Board of Adjustment C"""'"""""'-' ....\.J._.."'.;;w ~ ~:57()1 &5 M. /) r dO/I ;8 /th, , ~. / 5$t::J/ .~ /?~kr. ~~ t3ufl~ ~ 73) ~ 3> 3~;)0 c~ 4. ~.~. 55357 df3c2 ~35~1j ~ f'. U/7ltl ~ ~ c7ktlSi 1~/3~' - I (JJ ~ ) 3/ 3;)~ 7/ C....,.,."'" f'"'' --" ~..J; \.)1 ._ .. II .t...J e e / lJ . ~~' . ~~~-/ / ~/ "\'-' //' "- "" ~ ,/ '..... ~, / ~7'-' 0 / f9' c? O' -t.. . .( ,0 ~'y (J .-. \ "2' ..~ <'::)(J.:Lle: J :: 0 0 ,Q v 'f/. r..o v'\. ....x, ~/ ,y...." ~ ~, . ...:-,J " ,~~_i " /)~~. "'~' 'I:' .) , 1-;> / "J i/V ....99 '-,.'1$) '.:, <'- ~~,~ '; " " ( "".. / / / / // :-....// ;)/ ,/ wi:. y ( '1 7 1_,."):( :) .. ~'V 0' 0' " , ~_ ~~o.po':~'cl~, i ~^ // ~ ,/ G P"To:po~ecl h~)l~~-.e I \.qc.a..},/n~- \ ", (con. St'Y'l.lC. ttD'Yi..-- staJ(Q ':> ('1\.J l{ ) L \>V A IiY o z>? LegRl Ueccriotion: Lot 4, Cryst~l River Park Subdivi- sion, Pitkin County, Colorado //' :Bui..\d.L~ ~t SUTV~ ~.. 14, ~J ~.' V1 -+ ~ C.:oU..1\... I. ....- BY: LINES IN SYDNEY LINCICOME (L.S.I4III) BOX 121 CAR80NDALE.COLO. 303.963-38~2 B Cl..LC... t ~ f=' ~) I SCAl E; I" = :?O' ('"'''''''''''' ., ..;. ... ~ "_ ~ II '- / . ',...,..' . '. , ",.----...... 1",',';' /, ' ' . , 'il'/!' Ii! , ,. l;: !.i e e e ,..- ~.-6~ d-/ e at'-<.I~nu".w; '-r //0/:(7.' tf~$rr:/ Ch7 6Ch.~ e DECLA RA TION OF H.ESTRIC T:i ONS, 'RESER VA TIONS AND COVENA NTS AFFECTING CRYSThL RIVER PARK SUBDIVISION IN PITKIN COUNTY, COLORA DO / KNOW ALL MEN BY THESE PRESENTS: That Redstone De~;c;;,~ent Cor-' , ~I: porationJ a corporation (herein called the "Corporation"L has caused to be sulJ. divided and platted under the name of Crystal River Park Subdivision (herein called "Subdivision") certain lands situated in the Northwest Quarter (NWi) of Sec- tion 29J Township 10 South, Range 88 West of the Sixth Principal Meridian in Pit- kin County" Colorado, as shown on the plat of said Subdivision (herein called IIRe_ corded Plat") recorded All 1 U S t- ~ Z b ,1960J' as Document No. 1/0/2 b , I and ;aid Corpora tion, fol i.Mielf, its of the records of Pitkin County, Colorado, Successors and assigns, hercby declares that the lands shown on the Recorded "lat are held and sha 11 hcrc;}fter be conveyed subject to the reservations" restrictions and Covenants hereinaftcr set forth: Section 1. Use of Land. A 11 of the lots shown on the Rccorded Plat are hereby designated as residential lots and shall be used for no other purpose unless written permission to devote a particular lot to another compatible use is first ob- tained from the Corporation. No building or other structure shall be erected, al- , teredJ placed or permitted to remain on any lot (or lots if more than one lot is .. , used as a single building Hite) other than one dctached single-family dwelling and a priva te garage for not more than two cars. ..I Section 2. OCCUIXlllCY. No residential lot or structure erected thereon shall be occupied by any person who is not a member in good standing of the Red-:. . ( stone Country Club or a member of the immediate family of such club member or a guest of such club member duly registered as such with the secretary of said club. Section 3. A pproval of Plans. No building, fence, wall or other structure '. e ---.--.",---....--" --~ --"--.---. .--.- - .-----.----..-- - -----...- j ~. . . -- - --- -. . - - . _.._~~ C'" r.... ,." II r- 'o""~ ...J " . . ., (If' 'I, I I "" f,."", r't i.~",: (,,' .' I' ~ ,: . . e e , . - shall be commenced, erected or maintained on any lot until the plans, and specifi- cations thereforJ comparable to plans and specifications available from the Cor- " , , poration" shall have been first submitted to and approved by the Corporation and a copy thereof as finally approved, lodged permanently with the Corporation. Such plans and specifica tions shall show the nature, k~nd, shape, height" materials, floor plans, exterior color scheme, location, and approximate cost of such struc- ture and any accessory structures and the finish grade of the lot. The Corporation shall have the right to refuse to approve ~:my such plans or specifications or grad- " ing plan, which are not suitable or dcsirable, in its opinion, for aesthetic or other . reasons" and in so passing upon such plans, specifications and grading plans, it shall have the right to t<1ke into consideration the suitability of the proposed build- lng or other structure, and of the materials of which it is to be built, to the site . ' upon which it is proposed to erect the sameJ the harmony thereof with the surround- ings and the effect of the building or other structure as planned on the view from . .: the adjacent or neighboring property. All subsequent additions to or changes or '. alterations in any building, fence, wall or other structure, including exterior color scheme, likewise shall be subject to the prior approval of the Corporation. : , , Section 4. Sctbacks. No building on any iot shall be located ~~per than thirty (30) feet to the front lot line, or nearer than fifteen (15) feet to a side lot " . ~ . " line adjacent to a road, drivc, roadway or land designated for a common use. No building shall be located on any lot nearer than twenty (20) feet to the rear lot line, or nearer than five (5) fcct to any interior lot linc (or side boundary of any single building site using more than one lot). The Corporation shall have the right to waive this restriction as to front lot line and rear lot line setbacks, but no such waiver shall permit any building to be located nearer than twenty-five (25) feet to " , the front lot line or nearer than fifteen (15) feet to the rear lot line; For the .. '4. ;' , , , / . , ' 1/' . t -2- .' . .; . 'j . C. 'II.f ~ '" #''' .....(-- _" .~ .. J . , ' i;;',' , e .' . /''''' /::. /1, t' " . . / ' -.-..'''. , e . . e / ." .' I i purposes of this Section.. eaves, steps and open porches shall not be'considered as ' ", I a part of the bUilding.. provided that this shall not be construed to permit any por- tion of a building on a lot to encroach upon another lot. , Section 5. Easements., Easements for the installation and maintenance of ' " ;' I ' I utilities.. irrigation facilities and drainage facilities along all lot 1in~:.a'nd five feet in width along each side thereof ar~ reserved by the Corporation. No building . ' , ' permanent structure shall be erected.. placed or maintained on any part of any area .i indicated as "easement".. but the owners of lots may erect and maintain a fence.. wall or hedge along the property line within such easement.. subject at all times to , , the prior approval of the Corporation and to the use of such areas for the purposes . ' reserved. Section G. Temporary Structures. No structure of a temporary character.. trailer.. basement.. tent, shack.. garage, barn.. or other outbuilding shall be used . . " ' <I, on any lot or tract of land at any time either temporarily or permanently. Section 7. Building Material. No building material of any kind or charac- ; . , tel' shall be placed or stored upon any lot until the owner thereof is ready to com- , , ; . , ,. mence improvements and then the material shall be placed within the property ~ " . I , ., lines of the lot upon which the improvements are'to be erected. Section 8. ,Signs. With the exception of one liFoI' Sale" sign (which shall . . ' . .. . ...., ~ not be over' 20x26 inches), no advertising signs.. billboards.. unsightly objects or " . nuisances shall be erected, placed, or permitted to remain on any lot; nor shall , . " , ". ,. the lots be used in any way or for any purpose which may endanger the health or . ".~ unreasonably disturb the holder of any other lot. " , .. '"0 y Section 9. Stora~~e Tanks. No elevated tanks of any kind shall be erected.. , '. '". '0 .. , . "0 . .' . placed or permitted upon the lots. Any tanks for use in connection with any resi- , ." , r,-- dence on the lots.. including tanle for storage of water.. gas.. fuel oil.. gasoline or . " . , ." '. .~ ".. .. ., . . " ~ .. .. .. . I " e .' . '. -3- . . .. .. l~ '. ~, ' , . . . -~_.-..._-------_.._._._. --.-------- .." :',' -'--;!- . . (^~ '~ .~ .;.: ~~~ : :., .f, ,. , ., ,. ,. I"~ e e .. , . ,I. 'w oil, must beburi'ed, or kept screened by adequate planting to conceal them from neighboring lots and drives. Section 10. Further Subdivision; The Corporation shall have the right to further subdivide into lots any portion of the subdivision not' now subdivided into lots as shown on the Recorded Plat. Section 11. Corporation's Option to Purchase., The owner of each lot, as I a part of the consideration for the conveyance thereof, hereby grants.. bargains and sells unto the Redstone Development Corporation.. its successors and assigns. the right and option to purchase his lot, together with all improvements thereon . a~d appurtenances thereto. if at any time the owper Shall offer or be "S3eemed to ! //' have offered said lot for sale. as herein provided, or shall cease for any reason to be a member in good standing of the Redstone Country Club" or any successor club occupying or using the premises known as the Redstone Manor House.. upon the following terms and conditions: . (a) If the owner of said lot desires to sell the same anq has found a purchaser who is ready, willing and able to purchase said lot.. the owner shall immediately notify the Corporation to that effect, giving the name of the purchaser and the proposed selling price for the lot. Within thirty (30) days after receipt of said notice, the Cor- poration shall determine whether the purchaser is a member in good standing of the nedsto~e Country Club, andU an application for such membership has been submitted to the corporation by the purchaser. said application shall be accepted or rejected by the Corporation within said thirty-day period. If the purchaser is a member in good standing of said Redstone Country Club, .or ~ he becomes a member within said thirty-day period. then the pi-oposed sale may be J::o;n.... pleted and the option to purchase lier..ein granted to the Corpolation shall no longer apply to such sale. If the purchaser is not a mem- ber in good standing. and docs not become such a member within said thirty-day period, then the corporation shall have the imme- diate right and option to purchase said lot from the owner at the proposed selling price; OR the corporation may request an appraise- ment of said premises for the purpose of determining the purchase price to be paid by the Corporation. and the property shall then be appraised in accordance with paragraph (d) below. and after such appraisement said premises may be purchased by the Corporation ,at either the proposed selling price cr.'the' appraised value, which- 'I ' ., e , ~ -4- , . .....-..---.---- ....-...,....-- -y c " ... :~ :: :: 8 " " / / ' . . e I I I e : 1'1 i. r 1/ ever is lesser, less any encumbrances on the property, said pur- chase to he completed within thirt.y (30) days thereafter. e (b) If the owner of said lot desires to sell the same but has no willing purchaser therefor, he shall notify the Corporation to that effect and the Corporation shall cooperate with the owner in ob- taining an appraisal of said premises in accordance with the provi- sions of paragraph (d) below. After such appraisal has been made, the Corporation shall then have the right and option to purchase said premises at the appraised value, less any encumbrances, at any time within ninety (90) days thereafter. .. . '.'..i;.... 1;.1 '. (c) The occurrence of anyone of the following events shall automatically give rise to the Corporation's right to elect tQ e,xer- cise this option to purchase any lot in said Subdivision: e (1) The termination for any reason of the owner's status as a member in good standing of the Redstone Country Club, and his failure to regain such status with- -in a period of ninety (90) days thereafter; (2) The adjudication of the owner of said lot as bankrupt or the notice by any holder of a lien on said lot of his intention to commence foreclosure proceed- ing or to levy execution on the owner's interest in said lot. (d) In the event that an appraisal of said property becomes necessary hereunder, then the Corporation and the owner shall each name and appoint an appraiser and the two appraisers so appointed shall appoint a third appraiser, after which said three appraisers shall proceed to appraise and evaluate said property and attempt to agree on a value therefor. If it is not possible for said appraisers to agree on a single value for said premises, then each appraiser shall submit his individual appraisal, and the final appraised value to be used shall then be the average of the two individual appraised values which are nearest in amount. ... e (c) If the Corporation fails to elect to purchase said lot un- der any option herein provided, the owner thereof may proceed with the sale of said lot to any person who is qualified to occupy the same pursuant to Section 2 above; provided, however, that if said lot is not sold within one (1) year after the notification by the Corporation that it has elected not to exercise its option to purchase, then be- fore any such sale is made the matter shall again be submitted to the Corporation for exercise of one of its options hereunder as it may desire. Section 12. Right to Enforce. The restrictions and covenants herein set forth shall run with the land and bind the Corporation/ its successors and assigns - " , 1/, ' . . /" , -5- " ------ -----..---.-- .---------.--- c: ~~ ~_: ,~_~ ::9 I' /;,' " e e , and all parties claiming by" through or, under it" but no restrictions! herein set i. forth shall be personally binding on any corporay.on./ person or persons except.in respect to breaches committed during its" his" /01' their ownership tf ~id land~ and the Corporation or the vested owner or owners of any of said land shall hay~ the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of, or enforce the observance of the restrictions above set forth in addi- tion to ordinary legal actions for damagcs" and the invalidation of anyone of said restrictions or the failurc to enforce any of said restrictions at the time of its vio- lation shall in no event effcct any or'the other restrictions nor be deemed to be a e waiver of the right to enforce the same thereafter. Section 13. Duration. A 11 of the restrictions and covenants herein set forth shall continue and be binding upon the Corporation and upon all parties claim- ing by, through or under it for a period of fifty (50) years from the date this instru- ' 17, ment is recorded and shall automatically be extended thereafter fo~tk'cessive .' periods of twenty-five (25) years each, provided ,however,,, that the same may ~ changed in whole or in part' as of the end of the primary period or any extension thereof by ~n instrument in writing, duly recorded, executed by the owners of the legal title to a majority of the lots shown on the Recorded Plat and the lots created e by the re-plat of any portion of the Subdivision not divided into lots as of the date hereof. The provisions of Sections 2 and 11 hereof are contingent upon the contin- ued existence of the Redstone Country Club or any successor club or organization occupymg and using the premises known as Redstone Manor House; and if said Red- stone Country Club, or any such Successor club or organization, should become defunct, or should cease to operate and function for a period of two (2) years, then the provisions of said Sections 2 and 11 shall terminate and shall be of no further force or effect whatsoever. e ! -6- -----~-- -------.-- (""'.',>~o ,J ,.,,~"~ " - .~/ . 'j(. ,I, ," I . e :. e . , .. , '. Section 14. Corporation's Right to A ssign. The Corporation~ byappropri- ! e ate instrument~ may assign or convey to any person~ organization or corporation any or all of the rights, reservations, easements and privileges her~in reserved by it~ and, upon such assignment or conveyance being made~ its assigns or gran- tees may at their option exercise; transfer or assign such rights, reservations~ . I easements and privileges or anyone or more of them at any time or times~ in the same way and manner as though directly reserved by theP'1~ ,or him~ in this instru- - . me nt. Section 15. Severability.__ The invalidity of anyone or more of the restric- e tions~ reservations and covenants hereby created shall in no wise affect any of the other restrictionS"~ reservations and covenants herein contained and the same shall " remain in full force and effect. IN WITNESS WlillHEOF, The Redstone Development Corporation, a cor- poration, has caused this instrument to be signed on its behalf by its Vice Presi- dent thereunto duly authorized so to do~ and to be attested by its Assistant Secre- tary, and has caused its corporate seal to be hereunto affixed this . ,. /'JI 2. 0- -day of . ,I August, 19GO. .' ! / REDSTONE ~EVELOPMENT CofiYORA TION '. e By: ~~ f Vice President '", .' ... - '\ . '" :;'J:' !/. (\..\~"I'.._. , r ~ tJ ,>/\ .".....,-;-,ST.r '.., . . .' oM ..L 1.:.c.; : ~,' ',,'. '~7/cl 1: ~J?# R ( L;_;4~4/1/ ,,-;:. l.) L-\ ~ ~ j.J .=,:- .; A sSlstant Secretary ...:.. ". ,'" ',:/ ' ',-Jr.:: ":1., .. ,Jr' .. \ ...............~ .- '\ ""L(llll ","- ' 1'1 .. oJ '.. .\ ,\ .::~~(;l,': .. . : \ \ '\ ..........._.:- . .#,f .> U '""'oJ,r '\....~............;:-., ~.. I 't '...'" '; " >.' . I .' j; > J , . , ; /j f ; -7- -- -..... -~.. - -- _. -'-. ---- --- . -_. _. -- -.-- ( ~ ~ ,. ~ ~ ~.~ ~~ 1 ...~-~-- .. .... - "r"I'r'T, r " ; I 'r ',," ,! . . , . A .. . / i .. -.. ~,I, . ",t. :1 / 1" e e -." I , . - /:,- 'I' . ( /, I' /', It... '. I :-' STATE OF COLORADO ) ) SSe COUNTY OF GA RFIELD ) a Corpora tion. , ; The above and foregoing instrument was acknowledged beforl me this Z6'-f~ i day o(August, A~D. 1960, by ALLYN COLE as Vice President and EDITHR.': I ,I I EIDEM as Assistant Secretary of REDSTONE DEVELOPMENT CORPORATION' .. . "," , , .' "'. , .. '.,' ,,' , : " l. I ;:/.' " / / . WITNESS My hand and notarial seal. e \.\........, My Commission expires: ,.,.,"\ L ..\ p "'.' " ....."" ........ i .'~ '.',' . ','...," ..... .....- (~'., ",:- .... ," " . j.;" 1, : ,:'/.... ro. -y I, J} ,......... ~ . " v .. ()_ , :." >-< \; i /':l :: , :.' f.J U C \ \ :', ~ ,I.' . I v: I~.:'; ~{)"'"..''''' ." .... .~;>:: ., '. /,.. '. ,.." \, ,::...'(fl "\"." , .~..',..; '/... . CIl l. \\ ,:" , . I ,. ,~../."" \" T:'lr;"/i. ~"'l'I.~..t '~:;~i:\):.. January 13, 1963. . , (b~)-r~ '. Notary, Public J " .; . .... .. . . , .' :.:. " e '. . . i ..1 . .f .. '. " , .. ~ " . : L ..~ . . ~ . . JI' . I .. , , . . ; .. .": ... 'I i ," ;:..~.'. ~". " . '/' .j- ':'1 ' e -8- ~, I, d " . . '-.- .' . (".' ~-:":'! '-l'~ .~:'). . ',;'.. .~. '..< . \". ""wi (" 1 >0 ~: ~ ~ ~ ~ I> t--. ~ ~ ~ ~ ~ " ~ ~ ~ ~ l <, ~ ~ " :. l- I) ... (:) ~ ... ~ ::< ~ ~ ~ ~ ... ). :-< ... '1 :t .'" ~ "1 ~ ... ~ c:. ." c:. () ~ " ~ c.. ... ,.. .. ... ~ ~ ~ "1 %}~ (:)~b . "- ~ ~ 1; t ~ ~ ~ ~ .;n...~'lW_-'-'-''' .. .. . ~ . e e .- ---.-....-=l f / t r'__:_~:,..:_... . :) 40, -7'~,:. '. "- i~/ ,,;2.'~~"~~~;~"""~ '~.,..)...... ~. I '/. t ,/' ~, '. " t ". , , J., , '~, , ~ -<: .r ~'.' ,~. '. ',:-'. ",\(", \ // i~, / \" . . '. '> I '.. t )'" ~ ~ l' 10. .. . ~ f' \. ~ \ .,. " .. , / ~' . '\ /' .~\ " " t '\ ,,--/' ~ '\. /,,/' ,,'-\ (..'..... '\z. ..~ .. ,,\.. i-I '4....:( '" \'. \., .. 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D'h~'L ,...,.-",".""~ --..._~ -\-...~ /: .. "'1;;-T.-':~7J ~~ ... ~. -. .J" ~ J ",-~ " r : \ . l . j_A....""". ~ ....'......--..J.....,,~ -~.J.& :""..;.--", . JTA TE -,-"," /Y;~h-W.~';'-l-'\-' .. _'''_._ ' . ..... ".. . ~ ,.....0 /.JJ 1 -""", , -""" ._~_.- '.. , I .,. __'-~ '..... /~--:'=-_.'~~~=~~' -" ., . . ./ . -~ ------.----. '. -..;:: e\ '. '-:"~-~'-----'=-~'...,P- ----,=~-'- "- " ,~..-, --- ,-,~ .-----'.-- '.:...... . RIVER ""_~:':'>/ . ''''"--. ----:::.--' I ~-_.- : ~ i ~ , ,l" i~ l ,,, : r !~ i I ~ 1 . { i ~ 1 ~ i tit i I ~ ~ ~ 1 t ~ ~ 1 J ~ I ( t 1 I i J I , I . i , t I , - ~ I " < \ ....\ t ~ f' l I \ , " i r I i ~ I . ~ ( . ~ ~ ~ , . 1 :- i !: l il ; I it l' ;ltJ~i ~ I l? .." ! , ~ t \ ~ l ; fi:;~. \ I t : , ., " . , ~ ! ? ~ t ~ 'U ... ; 1 r:~ . i- ~ 1 .t . ) . 1 I t { I ~ , \ l l t' , i ~ ! t { f l ! I I r ' ~ ! t oj ~ I l ~ I / ~ , I~ I " \: Iv t ! ~. \ t~\~~ t I :i It, I t 1 I I ~ { I I ; I ii' ....~ :Il. l ~: ?~ t J,,' h ~ t' l J t ~ I i ~ 1 I 1 . I I ~, t ~\)\~ ~.~ ( : , "- . H rf\ ~ ... . ~ : t of t .; t ~ 1 \( \ i\ :t: 1 ~ ~ I it I 1 ) I , l i ~ I I I'l UOCJ011 J ..... ~' :. (' /0' r--, ' ~~ Iu ~ ~ ~ /? I .. '. ~~ 6fl~ ~ 73 a.3 ) . ~. 11 3~Jo ~ · ~- /~ . ~ 55357 #3d.- W35~!J r- ~ f'. U/!lll /J/3 5. f?- JkJ;Sf: (J) ~ ) 3; 3;}~ 7/ ~ ~ e e BOARD OF ADJU~TMENT PITKIN COUNTY September 27, 1983 Members Present: Bill Mason, Chairman Pa'u1 Krausch Dottie Fox Joe Zanin Bill Lukes Alternate Members: Kandi Shaffran Bob Throm Evan Gull Mason called the regular meeting of , the Pitkin Co. Board of Adjustments to order. He questioned i'f there were any comments to be made on last months minutes. Bill Lukes moved to accept the minutes as received. Joe Zanin second the motion. Florence Antonides, Lots 62,63 & 64, Elk Mountain SiD 83-25 requesting a 36' front yard setback variance for construction OC-a residence. Phil Mackay was there to represent owner. He handed out a revised survey to the Board that was different from th~ one originally submitted. He pointed out that he had lost 10' from one side. He asked the 36ard if he could proceed wifh the original foundation that required the front yard setback since he realized that new publications had to be made in the paper for the sideyard setback varian~e that h~ now required. This would allow the owner to get the foundati6n in before the winter. Mackay eXplained to the Board that lots 63 and 64 could not be developed under the present rules. He explained that there were no other homes within 300/400 feet of the proposed structure. The proper notification was posted and he had a photo of the sign, Mason informed the Board that there were no objections in the file. Newbury stated that the lots were small. John B. Armstrong, owner of Lot 65, was there to comment. He was against the variance request. Lukes questioned what the setbacks were prior to zoning. Newbury explained that the setbacks, for this property were not established at the time it ,was created, but it was zoned R-30 before the present zoning of AF-1, That would have made the setbacks 30' in the front and 15'on the sides and ~e~r. She also reminded the Board that the covenant of the subdivision needs to be taken into consideration, which have setbacks of 25' on the front and 20' on the sides and rear. The members determined which side was considered th~ front yard. . Fox questioned ~hat variances were being requested at this time. Mackay stated that on the front yard he has determined that he will be 2' less than what he originally thought. Lukes wanted to consider the entire package subject to the publication of the notice in the paper for the sideyard. Krausch agreed. Mackay stated that he had ,contacted the owners being effected by the change and they had no problems. Newbury did not have a problem with dealing with the issue now. Krausch motioned, due to downzoning, to provide the variance in its entirety with the understanding that legal no~ices be made ~nd if objections are expressed the Board will then deal with the issue. Fox added th~t the shape of the lot would be another reason to grant the variance request. She also second the motion. A vote was taken and all were in favor. Gaston Caperton, Lot 2, Block 1, Red Mountain Ranch 83-26 requesting a 10' front yard setback variance for construction of a 2-car garage. Barbara Wynch was there from David Finholm ~nd Assoc. to represent owner. She explained the variance needed by the owner and produced a letter of approval from the Red Mountain Ranch Homeowners Association with the condition that the owner show them landscaping plans. She read the letter to the members and there is a copy in the file, Shaffran questioned when the landscaping was due. Wynch stated that the work would be done as soon as possible because there was a deposit made with the homeowners association. Fox wanted to be shown where the garage ~ Page 2 4ItBoard of Adjustment e September 27, 1983 would be placed. Wynch pointed out the existing roof line and explained that the house line would just be extepded. Since the road is higher than the house, the addition would have a low profile. Krausch wondered why the house was placed on the lot as it was. Mason explained that the lot had a drop off and the.property has topographical problems. Mason felt that a garage in this climate was a necessity. Fox questioned about the original garage. Wynch explained that it was a carport and has since been converted into living space. Mason stated that there were no objections in the file. Fox motioned to grant the variance for 10'setback due tri topo- grahical problems with the land., Zartin, second the motion. Krausch expressed his concern that qwners turned g~rages into living space and then need variances to b~ild garag~s. Mason agreed that such instances have occurred with the Board. Newbury reassured the Board that the floor area ratio would control the amount of growth to a certain extent. Fox wondered if the Board could regulate, how inUC;)1 a pe,rson could add on to thelr home. Mason called for a vote, All were in favor. Cordon Whitman, 3476 Woody Creek Road 83-27 requesting a 25' front yard setback variance for construction of residence. Whitmer, not Whitman, was there to represent ,self. He explained that it was an addition to his house and, it does not go any further toward the road than the existing house which has been there for 10 years. Throm requested that Whitmer point out where the neighbors are. He did so, using the plat map. He pointed out his proposed addition and the driveway, which he sketched in. Newbury explained that it was AF-2 when he began, which was a 75' front yard setback and has been downzoned to AF-l. Lukes moved to grant the variance due to downzoning. Fox second the motion. Vote was called for and all were in favor. Raymond Willey, Lot 4, Crystal River Park SiD 83-28 requesting a 66' front yard setback variance, 5' sideyard setback variance on the east, and a 10' sideyard setback variance on the west for construction of house. Raymond Willey was there to represent self. He explained h~s constrictive lot. Mason questioned if the request fell within the subdivision covenant Willey stated that it did. There were no objections in the file and a, sign waS posted. John Ostwald was there from the Ho~eown~rs Association. He stated, to the Board that the Homeowners Association, nor the representing attorney, has not reviewed the plans for the proposed structureJ as required by the covenant Willey stated that it was his impression that the HO wanted approved plans, which at point there were none. Mason suggested that any approval given could be subject to HO approval. Another neighbor was there~ Tom War, to question exactly what the setbacks would be and what Willey had planned. Willey showed the p~ot plan to War and explained where the house would be placed. He explained that his access wou1d'be Chair ,Mountain Drive. 'Fox questioned what the topography of the land was. Willey stated that it was flat. Lukes questioned if the Homeowners Association would be satisfied with a motion subject to their approval. Ostwald stated that they would be satisfied. Lukes moved to grant the variance request as stated due to downzoning subject to the approval of the Crystal River Homeowners Association. Krausch second the motion. A vote was called for and all were in favor. John D. Caruthers, Lot 30, Ridge of Red Mountain, 83-29 requesting a variance to construct a garage. Sharon Kahn was there to represent the owner. She stated that a 10' variance was necessary for this proposed garage. She presented a letter from the homeowners associa tion giving approval' becauSe it does not impact the subCli vision '. J' Page 3 e Board of A4justment e September 27, 1983 Kahn described the lot and the position of the present house. She pointed out the existing garage, which was being turned into a den, explaining the house was small. Mason questioned the addition ip relation to Lot 31. Kahn pointed out the lot on the plot plan. Mason explained that he had a letter from Dave Ryerse, Jr., owner of ,Lot 31, against the variance request. Mason read the letter to the members and a copy is in the file. Kahn explained that the position of, the garage would be less of an impact then if they placed it differently. Mason mentioned that he also had a telephone conversation with Mr. Ryerse and Mr, Ryerse had stated that he had not seen enough information on the proposed addition. Throm questioned the entrance into the present garage. Kahn stated that it was a straight angle into that garage. It,was stated that it was impossible to get out of the garage during the winter. Paul Krausch had to leave the meeting. It was questtoned how far the addition would be from Ryerse. Kahn answered that it would be approximately 150'. It was determined that the den could not be placed anywhere else on the property. Zanin moved to grant the variance request due tQ topography.., Newbury questioned how c1,ose the garage would be to the road. Kahn stated that there was a berm between the garage and road so it WOuldn't interfere with plowing. Fox second the motion. A vote was called for and all were in favor. Peter Ware, 0248 Handy Drive, Carbondale 83~30 requesting a 10' sideyardsetback for const~uction of garag~. Ware was there to represent self. He explained to the Board that at the time he began construction on the residence there was not a problem with the setbacks. He has been working on,the house for three years. Newbury explained that the need now was due to downzoning, Lukes questioned if the gar~ge had been started. Ware stated that he had ex6~vated when the hOuse was excavated and he has been pouring e*,tra G::oncrete into the hole off and on, and was thert warned by the Building Department that his permit might have expired." Fox moved to grant the variance due to downzoning, Zanin second the motion. A vote was called for and all were in favor. Stephen Chefan/James & Carol Hartrich, Lot R-102, Starwood Sixteen, 83-31 requesting a 70' front yard setback variance ~nd a 22.5' sideyard s~t- back variance for construction of house. There was no -one there to represent the owners. Mason stated that he had a call from Hartrich stating that if he wasn't here they should table the application. A re~resentative of Dr. William Bernstein, owner of Lot R-103 and Lot R-99, was there to comment. He stated that they were concerned because the variance is requested on a lot with 4.1 acres. They felt that there was enough:room on that lot to meet the setback reqllirements. Also the covenants of Starwood prescribe buildings sites and the architectural committee is supposed to approve the proposed building site and,he wasn't sure that that had been done. Mason stated that the Board wouldn't act on this unless they had received approval from the homeowners association regarding the site selection. Mason stated that he also received a phone call from Mr. Nichols, owner of Lot R-10l, objecting until he had received more information. Aud~~yRichman of th~ Building Dept., staied that Jon Seig Ie had called the Dept., and stated ,that the applic,Sl tion migllt be withdrawn because the sell has not gone through. Mason suggested that the application be tabled. Fox motioned to table the case. Lukes second the motion. All in favor, Jon Busch, Block 3, Lots 21-22, Williams SID 83~32 requesting .a variance from his current a116wable F.A.R. Jon Busch was there to represent self.' He presented a larger picture of the residence to the Board members. He explained the size of the stairs in questions and how unsafe they are. He pointed out that the residence is very small. He stated that the staircase Page 4 e Board of Adjustment e September 27, 198~ would increase his F.A.R. by 14'. He explained that he was limited to where the stairway could go. Newbury stated that the house was over the F.A.R at the present time. Busch went on to say that the house was a duplex and a ~onconforming unit. Evan Gull motioned to grant the variance due to unsafe conditions of the present structure and to keep within the intent of the building codes. Lukes second the motion, A vote was called for and all were in favor. Meeting was adjourned~ Respectfully submitted, -j~~ Secretary '::) ~ ~n.----.... _ /7. ,,~~p~ O.-c.-.C(jCha i rman '- ~" ... " . ' /' Scanned 8/7/07 File Finders Box #10