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HomeMy WebLinkAboutpitkin.boa.83.35 . It Dottie Fox moved that the following r~ adopted: BEFORE THE BOARD OF ADJUSTHENT OF THE COUNTY OF PITKIN STATE OF COLORADO RESOLUTION NO. 83-35 Phillip/Sally Miller, Lot 5, Replat 2 Ridge of Red Mountain \~IEREAS, the subject property is within the unincorporated area of Pitkin County, Colorado; and, mfEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, Section 16-l.3, Pitkin County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-28-.ll8 (2) (C) ; and, ItJ!'IEREAS, 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. J. 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. nOh', TEEREFORE, BE IT RESOLVED that the applicant's request for a F.A.R. increase of 499 square feet Additional conditions or restrictions: WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. Bill Lukes seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Bill Mason - yes Dottie Fox - yes Paul Krausch - yes Bill Lukes - yes Kandi Shaffran - yes The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: January 31, 1984 The Board of Adjustment of Pitkin County, Colorado Attest: I1ff ~~ ~ ^6.'~e'c~~'0c, "'<~ Chairman ("" 11:1''' r)"'''' 1. J" ".. ... '..._~ -<Ji . .II .A. e BOARD OF ADJUSTMENT . DATE //~ 19'..3 CASE# A:~ - ,-3~ OWNER ~/L/'/7 6 ..5AL~Y ('J ~ .-? ~) ~ L<"~~ ADDRESS $~)(' ..zc)~. A~~A.J APPL1CANT ADDRESS LOCATION OF PROPERTY ~ u 7" #s: ,Re~L."\-:r ? /01?(. ~ t:>"c ~eo /77 L:;>c...>,.J 7 ~ ~ J:;/MJ /.-V/J/ lJYa 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 showing justification: . 5~,L. A 7/A-~~.o ~Cd-~;u?;A-7/~ Applicant Sig ature . ..~ . : ' . .J);:;;;i2~~ provisions of the zonlng resolution requiring the ~g I~s~or to forward this application to the Board of. Adjustm~nt and, reasc;>n for not. granting ,a buiding permi t: . f) .. " /J // . . . v(U' // .....- . ~ ~ .:70 ~d ~~-Q.../ .fa ~ C:~.~ 0 J /l 1\- d.. .. . ~ ~"i M aA-<.-,L.- Date Permit rejected: Building Inspecto~ ~ Board decision . . Application filed Date Mailed Secretary Board of Adjustment ( \ " ~ , l\' " .. ~" '," .i. ~ \_... 0.." _. ~ .. .. e e NovEmber 1, 1983 MEmbers Pitkin OountyBoard of Adjustment Aspen, Colorado Dear MEmbers: We are the owners of Lot#5, Ridge of Red Mounta:Ln, Replat #2., We wish to r~ quest a variance that will allow us to add up to 499 square feet to our ;re" sidence. Due to an unusual situation, we are facing a hardship that prevents us fran adding square footage to our hone. The Ridge of Red Mountain is zoned R-30. The floor area ratio for this zoning is .13 ( see Exhibit I). This ratio is quite understandable where lots are 30,000 square feet or greater in size. It controls hanes fran being excessively large (Exhibit II). However, in 1975 when Replats 1 and 2 were approved - re- ducing the number of sites originally platted fran 34 to 17 ,- 12 sites of less than 30,000 square feet were created. Ours is the third snallest at 16,657 (Exhibit I II) . When you canpare the allotted square footage for the replatted sites to an R-15 zoned subdivision such as lliuntain Valley (Exhibit IV) you will note that many of the sites are snaller, yet the hanes larger, than ours. In other words, to provide additional square footage for 81laller sites (and I might add, in much IIDre dense areas) the ratio in R-15 zoning was increased to .16. We therefore ask that we be allowed a build-out of up to that .16 by adding a bedrocrn and bath over our garage. This will in no way change our existing footprint (Exhibit V). As you know, there has been a change in the way floqr area is calculated. At one time certain annunts of square footage built below grade were not counted. 'Ibis assisted property owners on steeper sites. Oonsequently, of the twelve si tes mentioned that are smaller than 30,000 square feet, a number of thEm have homes that greatly exceed the .13 allotment (Exhibit II). We believe it is fair, and reasonable, to request that this unusual hardship be adjusted to allow us to build out to the .16 ratio. Should we not be allowed at least what Mountain Valley, Eastwood, Knoll\\OOd, Aspen Grove and other R-15 zonings enjoy? And, as we in no way will impact our footprint or our neighbors' views by this addition, is it not equitable in granting? Thank you for considering this application. ./.-/----s-in~~ ' C__- A ~~~ /~~ (uer .~~tt /f/LdJ Sally A. Miller "".> .'''.'.J l, ..".~....J ...J e e . ../- A ~/,..f ,!Jc ~~ ~r PULI.//:, &/~//::J / JA L (. Y /P// L;"'~ A-"o..,/ A~LC/f-J7 &u/./~...<?y L?b-''''''''6.<J -- - ....(07 3~ - dAL- A. 7/cA-O~6L..--L- //// hp~L/7y /L~2-A ?>~LAr/D;nA C/~ OKL. 73/D 2... 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Sl. la; 11 ;e la, o ~ iii! i ~: gj 11 I 11 i 11 I o ILg l~ ;i I'E c!: I~H 1-= 3 ~ !HL ~: 0' -I ~' "'I :il ~: .n I l..n -' ~l~ ~E j~ I' ,jg !~S ,.,; ''0 U I 'i og i:. ~ i!~: ifJ E :?~ E .5 HtHi: g .,g~ D~ ~ C ~ ' u; ~4 0-:: ~ ~ a.;. ::i" ~ " ,~ "II! ~I~ I ~I~ 1iI1~ I 01'" - .. e!2 i 01'" - .. III ~ :l! .. N .. - .. .. N - .... N - ~I i i lil~~I:il1 ",0 lil.~ ~l ~ ~ I 9 >- . ~ g , "','l ~ '~ ~l '0 i ; E ~ ~ &2-= II ! Ii '.ii ~EEg ~ ~ I ,i ~ ~3g.2th-. ~ ~ -= i _ -<>.- ,0:;" ~ I ~ E ~~~~~5~ ' ig. Ic.....,~-... ii ~4' ~ iI '='B~?~~5 .~I -~ i!;;';.eiJ; D g;j ~ ~ I}~~!~C:_~'~:; i ~~... :5'~~ ~~~~: ~~: J ~~., '" N N_ 0> '<l' ,,~""r ,~ .>.J e e ~~,,,, T 7r -...- . ,.....~ RIL'GE OF RED MOUNTAIN *Assessor LDt Number House Square Footage* LDt Number House Square Footage* 1 3,486 23 4,302 2 8,285 24 2,385 3 Unimproved 25 Unimproved 4 5,362 26 3,660 5 3,080 27 Unimproved 6 3,272 28 1,677 (not correct) 7 Unimproved 29 3,916 8 4,178 30 2,577 9 2,740 31 3,488 10 7,902 32 1,842 + addition 11 5,538 33 2,048 12 3,832 34 3,376 13 2,762 35 Unimproved 14 3,270 36 2,288 + addition 15 4,607 37 2,335 16 Unimproved C21 + C22 3,354 17(C) 1,955 C23 1,670 18(C) 1,955 C24 2,241 19 Unimproved C25 2,173 20 5,441 C26 1,912 21 4,683 C27 1,912 22 5,080 ( ') " " , '" I' ,..~." \..J .. ...~ '..J ....01 U e e ~~~"',. ~'( IU1X3E Ol" REDWUNTALN -4 I 'M,.,I;;,::"II'':;'}'.'~~.~Tr~-'''i'-~,.:" ".,,~_ *Assessor Lot Number Lot SqtiareFOOtage HbtiSeSquaxe-:FOOtage* Squa:re:Footage OVer .13 -._~.~..-~...~-~-. , , Rep1at 1, #1 16,075 3,699 1,609 2 19,048 Unimp:roved 3 21,840 2,455 4 24,718 2,199 5 31,008 2,284 6 25,232 3,910 630 7 21,689 1,577 Replat 2, #1 51,797 1,986 2 16,198 2,156 50 3 17,007 3,016 805 4 18,008 3,403 1,061 5 16,657 - 2,240 74 6 19,130 2,554 67 7 25,923 2,730 8 31,006 3,408 9 33,502 2,896 10 30,618 1,816 (.,~'l"''''#''~''~ ~ ,',.'1.oJ _,~ .. e M:>UNTAIN VAlLEY 1 lot Number Land Square Footage~ 1 15,015 2 15,015 3 16,122 4 18,631 5 18,996 6 22.245 7 20,553 8 16,769 9 16,147 10 15,847 11 17,147 12 19,812 13 16,635 14 17,012 15 16,377 16 16,334 17 15,369 18 "See Lot 18 O:mdaninium" 19 15,186 20 17,635 21 16,220 22 16,485 23 15,060 24 15,750 25 15,443 Nom: YELIDW INDICATES IillS LARGER THAN OURS .H~~"T .... 1,1 ,II "".l~UI'L.I'I''''''''.''''':':'.'JiU",",..oit.,JI~ *Assessor House Square Footage*- 2,572 3,393 3,698 1,949 2,642 1,808 3,138 3,079 2,940 2,915 1,846 3,060 2,662 2,736 2,304 Unimproved 3,040 2,215 1,080 1,764 3,956 2,912 1,560 3,678 #"l.........",#"l..--U ~,._ _,.'_ ,.J e e ~~~~? 7Jr ",.,.. 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MJUNTAIN VALlEY 1 (continued)_ *Assessor lDt Nwnber Land Square Footage* House Square Footage* 26 16,196 3,000 27 16,196 2,800 28 16,196 Unimproved 29 16,196 2,931 30 15,087 2,232 31 15,114 1,173 32 15,291 3,434 33 _ 20,022 2,201 34 23,001 3,867 35 16,118 3,360 36 15,294 2,024 37 "See Mountain Valley Condaniniums" " 38 18,434 3,760 39 19,149 Unimproved 40 18,787 1,536 41 15,525 2,900 42 15,015 2,489 NOTE: YELlOW INDICATES r.ars LARGER 1HAN OURS ('I'" ,'''' "'I'~"'9 , .. ...> '-. .... e ~~~'r ~" IDUNTAIN VAlLEY 3 "'Asse";~r .~Jl"!~ .. ,_ ~.~ ~'''a<..:"''!\7Q' Lot Number: Land Square Footage* House Square Footage* 82 18,717 2,458 83 15,005 2,178 84 16,598 2,464 85 17,856 2,060 86 17,080 1,970 87 17,080 2,408 88 17,213 5,350 89 17,856 1,874 90 25,745 4,945 91 24,495 3,123 92 31,387 1,986 93 29,332 2,946 94 20 , 198 Unimproved 95 30,085 2,385 96 26 , 290 1,952 97 22,242 3,744 98 23,100 2,054 99 22,440 Unimproved 100 19,800 4,287 101 18,480 Unimproved 102 25,745 2,586 103 15,715 3,240 1<Y.l 22,013 2,864 105 26 , 327 2,925 106 15,298 2,454 Noml YELLOW INDICATES LOI'S LARGER THAN OURS ("..., lo,....,.,.4I! 0 \.... " ',> '-- .;..... e e~x~~~r 7/L .. . ,o,.-,...I.-"",l:, .-.. ( b~r& .JI/' ~' I SCALE AS SHOWN I$(J' 'ct IQO' XXJ' I I DATE I REVISIONS & PURPOSE I HOl Y CROSS k1.~!.~~!ln n~~f.1iAWN __li~~ E~~E~l~Cs~~~?c~~~~~N 1.0 I _ _ UPDAT[-- - -~ F-' -~--,-. -------~-------j DRAFTING DE~OLORA: y3C:O:AE~~C~RIC ASSN ,ONC I __ I ___~___~ I DRAWN BY..J.E.1)SBURN APPROVED BY r- -r--- ~BY I DATE 11/1~/1974 DETAIL MAP THE RIDGE-REO MOUNTAIN SU80lVISION STATE 6 COUNTY/ TOWNSHIP 1 M...' NO --------~- COLO T.IOS 90 PITKIN R,84W AREA R.8~W .53 RIDGE-REO_MOUNTAIN SUBDIVISION "".,.,,,, t '" $ ~ lJ ... \.., ~-' .\...... ,r e e lJI' e ~~~~~ ,?IF ~ ~{j// .'.,_' I uJ-.. / J... / ff / I ;.... I Q '> ill / ~$ ? ;76 < Ov /.it Q'" ~ t() "Ill ~ ?: ...7 c.~ .....,.. '", '..t ;; :; c 'J';() .1 J ~ If) ~.... r) < :: " ~ .1 '::L '2 :J - <r f:. <:' - '-- ~ L .:- ~ n1 it Ul b z tlJ ..;J J) :;j! .. 'i!. .~ . 'Ill o III ~oO~1g- 1/10" ~6r-oi~ _ ill 10 1/1.. II II II I' . <l1VJI--O ~.A.AT / "\ '\). '\<~~, "'~~ ,~, '\~~!, ,,/'0/ '~'t~ "\ .t' ~ ,':1j ,.,): '\ I /1 /~,/" I // ./ /././ ".~-.~ .~ ij/ .. " <l.~' :\ <j / G' ,1- 1// ?#J / ~}; " "\, if / 'L___ N ':\ V.i/ / /. /r- - - - - - - --=---=--=-r- - -=--=- /.' /c'; ..0011>-. / "',,, ,G~ VVG .c;~, S9G -3." ';"-,.~l . '<~~~4. ,~ , Co) '>( , '. , '"', il' ,",' \ 1)., ,4 2:c "', > ',~ . " . '-. \ . III r ,..0 ~ 111 I-. 10 ~ )\-- .-7. jLll ~-:?: 'w ~~ N.J \-- 'Z dJ III N6 ~ ~ ~ \U / :r ,I.) r o Z o ~ :3 <1 (l .,j 8 11.,.,.., '" ~."') If.. '.' '- ~....... \ \ ) / / I I ~ ., () I" It) .!/ .i/ :i- ", t 'v) ~--..- .v '..'~..... .......~ n... ,-"-"- ......~.. . .." .,~. . ,_, . .. .. ~ ~r..., ~' "-1.~.-".' '''''''' '.'- ~ .--. ' :~A.-' i ;.,....")~~,,. ..~~'.:; _~:Z:8U~ ..al-.+1~*C'y-"-_':"~I_-~w...-r~_:W~LL - .~'iiIF. - ., --.:,' WY ~-lII,..1tIII. _ ~ ~ ~'., <,9 i J82,J4' . . ~E,vO. REQUIRED BY R-30 IN THIS /I'IJJPL -- ~ ': I 51797+ '" (1) !" ... "". 1"-sd /. ~'Otl045 R'370,o9' l'56.50 { A?4f~T z. MOUNTAIN REPLAT NTY PLANNIN AN NOr ro SCAL E SCALE e e /WI~.r "dl. -v-...,,,;,..,it'...,....,"""J ,,. "_.~""",,,,..,.....~ ASPEN 6ROVE ~EHH :::::: 111111 .}I/" KNOLL WOOD ,AB.g~....l..'!!. :::::::::~::::~:::::::::::::::::::::::::::::::::::::::::;: SEE MAP !JO AREA 71 EAsrWOOD AREA 73 :;::::::::::::~:::::::::::::::::::::::::::::~::::::::::: .......................................................... -.:IG 1[' I DATE I REVISIONS & PU=POSEJ HOLYCROSS DETAIL MAP 110-/974 j /iFDRAWN _ ELECTRIC ASSOCIATION I" 77,1"", UPOATE GlENWOOD SPRINGS COLORADO MOUNTAIN VALU, SVIION/StON 180 I uPgATE ,STATE & COUNTY TOWNSHIP I MAP NO ~ '1- - - ------ COLORADO 34 EAGLE -- - --- ,-- --l' '90 - ---~~ ------ ORAFTINGOEPT HOlYCROSSElECTRICASSN tNe COLO. r./OS I AREAS --,-_ ______ _.______-+--"~~~Y",EOS8IJRNI~P!.ROVEO~_ I P/rK/N R,85W173,74 CH'CKEO RY DATE 10/ 21 /~ MOUNTAIN VALLEY SUBDIVISION t.' - . .. >, . '" ... . . '..J< .~ ..-.... I - e ~~ ~~~T IE .1 """,.1,' n. ',":;~~~~~'MJ!I.':JlI'"kJ,~ LOr~ RlCGE a: RID ~ RERAT I'Q 2 '. wr4 RJO:,E ex: R9) ~ Rl;PlAT Nj. '2 OQA.w -" OQII/r; ,5 :t ~Wt tlUJ CAP j L.~ ..~ TR/-CO Management. Inc. Box 1730 Aspen, Colorado 81611 303, 925' 2688 ~EYEO CfW'TEO REv\sloNS d,,,c, 718. '7tQ dale, 7&2:'Co T'::' '1\ I I ~) . . ( ... , '" ,"'" T.... -'Jt r- , '" .'- _ J ~m n~ U' :~~~~~~ ~:N \. uT" ""1111 11111l......._~ ~ '--"- : I rr- ; r-:.l' ~ I ".' i ~,' . "'It ); -r1. ' "t. r'i,." ,l"7" ~ r r -T-~J'~~ I ~ ~~ ~ I,' '::~i ; ~ -!-~_. Vr- t---- ,'h~ i-t '.~~: ..A l'~{'~ I <"'.11'" ~ 'j-.. Po "J I Q1~'~'r-r-- :.' .. , .),~ if I . i ~ ...... ~ i '. 6 I " ' ' ~ ~k i I ~JJ '~ig~~ i ~l~ : I ~Q": ~",:. ~vq ! 1<>><: :~~ ri ~,~~". I I " :: . : :~':, ' " b r\" " I> I : ,1' ~l' " -:::r.J:: !A': , ~ - I I ' : ~ r ~>~.,,' ';'1, . I I ~ " ~ ilf II ilL ~' i I U. . . :: i:<l> , ~ ',r/ '_:;:'; :-.- I lID' ___ _____-"-,LJ1 : ~i ,,{A. I' I ' - 1 t ~ I I I . ~- j _ll-, t . - I : iii, ! 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I , : :\: ' I : ~ ~. . _, I :~ : 9d . .\ f '; tit - ~~4-7 Z \ ~ "S<i\ ~~ :0- ~~ (~Wl I \ \ \ \ \ \ ~'\., \ '~ \, "- "- 'I>I.~ ."~""I'"'''':':;''':''''' ..".._.r"'I".I..~.,~ /. ....... LDr~ I<05E a:: PJD ~ QER..Ar f'.Q 2 '. wr4 ~ cr ~ tvO..NW--l R\;PLAT N:j, 2 -I OQ4w DQ1'v., ,5 't ~. REBaR "wi AUJ CAP J L.~ ...~ TRI-CQ Management, Inc. Box 1730 Aspen, Colorado 81611 303'925'2688 ~EYEO DRAFTED AEVISlONS dale' 7/B '")to dale' 7/2'-1, X. ToJ -1\ I I /) . .. ('lIto"....'''..,.,.., , '_r ,':. 0-", . '" . \ I I J) . ~ I . i - r I ~ 0 , l 1- (') , - rn " '~ .' ~ ~: 0 0 TI : :u rn 0 S 0 c Z -1 ~ - Z , ..... ; e . \ '! I ,',' : \ ~ . . " .::~. ",1 ,;!'. ,'f. ';'" " I .....,... \, '. ,......__.' -----.---.-...,--:-.~-:,7""~:-~-~-.~-~--, -~- , :. . - . ~':'" :~'.~ ~,' \ I . .,.. l.:~' .:::~;:}:,:,;>::: .. \..' '.~ '., \ : '--'-;----'4=~,'.=... .-..- -- " r..:c " ---- ----. " :.~ , . ..... I .-. ,,:,,~,,;':<:)':':j; ,:.~:' >: },!':'/.::~ " - T ..... " ' ," .':..: ': ' ..' ..' \.' ,.''\i;~?''H i'j~~tiil~j~{~: ;,;; " ",.,/" "'.' '.....--.'e ~- ".... , , ~ ----- -------- --. --_.._..~ --..~-------_........ , " .. -. II e RECORD OF PROCEEDINGS 100 Leaves 1':'f':l<fl '1. H ,." \.,1 BOARD OF ADJUSTMENT PITKIN COUNTY ,JANUARY 31, 1984 Me~bers Present: Bill Mason, Chairman Dottie Fox Paul Krausch Bill Lukes ~lternates: Kandi Shaffran Bob Throm Evan Gull Peter.Dobrovolny sill Mason called the meeting to order. He question~d the members if there were any questions or corrections regarding the minutes from the last meeting. Fox moved to accept the minutes as written. Evan Gull second the motion. All were in favor. Phj_lliD/Sally Miller, Lot 5, Replat 2, Ridge of Red ~ountain 83-35 coming back before the Board to request a variance over the allowable F.A.R. Mason stated that he met with Phil Miller and Tom Smith, County Attorney and Patsy Newbury of the Building Department after the November meeting to discuss this situation. Mason felt that the request fell within a grey area of the code that the Board couldn't really handle, but since they felt strongly about the issue had informed the Co. Commission Chairman, Michael Kinsley. Newbury stated to the Board that if the subdivision had been done now, the 30,000 square foot lot size would apply to any lot regardless of the size of that lot. She explained that the open space in the subdivision does make up the difference in the lot sizes. Newbury informed the Board that Colette Penne of the Planning Department felt the problem would be better handled through Special Review in the Planning Dept. Lukes questioned this opinion. Newbury stated that it was betause there are so many lots involved. Throm felt that the land was the hardship in this case and that the Board had the authority to act on the variance request. Fox agreed. Tom Smith stated that 'legally the Boar~ co~ld not based their decision on that. Lukes felt that because the subdivision predates zoning does not mean that the present zoning does not apply to the lots in the subdivision. Krausch felt that if an individual buys a piece of land that is zoned a given way it was bought with full knowledge of what could or could not be done on the lot, and he thought that was the situation in this case. Miller stated that during the first meeting regarding this case, he thought it had been pointed out that at the time the lot was purchased there was no F.A.R., but at the time the house was built there was an F.A.R. limitation. Krausch stated that his point stands that the Miller's built their residence to conform with the existing F.A.R. and could not see that the Board had a right to provide a variance under those circumstances. Newbury advised the Board that Colette was probably right and the issue should go through Special Review. Shaffran questioned how the open space makes up the lot size, and how it could be adjusted. She questioned if there was enough open soace to make all the substandard lots standard. Newbury stated that there was usually more than enough. L , .-~.. e e RECORD OF PROCEEDINGS 100 Leaves "I'" "I"o;:n fl. q fI L. LJ. Page 2 Board of Adjustment January 31, 1984 Newbury explained that under the new PUD development they allow the development of that lot although it may be described-as a substandard lot the same F.A.R. as would be allowed for a 30,000 square foot lot. Lukes questioned why the Board should force ~iller to go through Special Review if those were the current planning regulations. Newbury stated it was because of other subdivisions with this problem and it would save the Board from having to review every substandard lot. Krausch, after re-reading the minutes from the November meeting, was satisfied that he was not aware that there was a separation in time between the time the F.A.R. was in effect and the time the lot was purchased. Smith felt that Newbury's suggestion of Special Revi~w might be the more efficient method in this situation. Smith stated that the critical issue here was whether this falls within the powers of granting the variance. He felt that the problem could be with the law and not the lot. Throm stated that he had a problem with the lot and not the law. He also stated that at some time it may be worthwhile for someone to go through the special review and if he was assured that it would solve the problem once and for all thats what he would urge, but he had a suspicion that going through the planning dept~ would not get the job accomplished. Throm felt that the Board had ihe ability to grant the request. Krausch pointed out other cas~sthat the Board had turned down a request because the owner had bought a lot after the downzoning~ad taken place. Lukes stated that he h'as having a difficult time dismissing this case to the planning dept. Krausch felt that in granting this request, each time there is a problem with the land use code, it would be brought before them. Lukes felt that the variance could be granted on this lot due to the peculiar and specific hardships that have resulted from downzoning. Smith pointed out that Miller had no problem until the Board of Commissioners adopted the F .A. R.. limitations, the problem was not the topographical or geographical aspects of the property. If it was, there is nothing in the land use code that isn't a topographical or geographical problem. Gull felt that a decision based on downzoning in this case would be consistent with other decisions made by this Board. Krausch questioned how long the process would take if they sent the issue over to the planning dept. Newbury didn't feel that it would be a very tedious process and that it wouldn't take quite so lorlg because discussions had already been held with the planning dept. Miller urged the Board to act on the request in a positive manner since it seemed to be consistent with other decisions of the Board. Mason questioned Smith and Newbury how they would feel if the Board takes action on something they feel strongly about, and are going to recommend that action be taken by the Commissioners and the Planning & Zoning Commission. Smith felt that Newbury's recommendation was the best avenue to take, but the Board had to make their own decision. Miller pointed out he was not asking for more than he should be entitled ,under normal conditions. Shaffran agreed that clarifying the point that the property was bought prior to the F.A.R. regulations did make a difference. r .- e - RECORD OF PROCEEDINGS 100 Leaves ;R'" H,:r~>( FL Ii, iL I; l (...). Page 3 Board of Adjustment January 31, 1984 Fox motioned that the request be granted, feeling that the Board was within their right. Bill LUkes second the motion. Sha~fran wanted to know on what basis the request should be gr~nted. Krausch suggested that an amendment to the motion should be made stating down zoning as the hardship. Smith stated that the action would not be defensible on that basis. Fox stated that she would base her decision on the fact that the F.A.R. restrictions were set nfter Miller had purchased his lot with respect to the size and shape of the land. Krausch wanted to add that maybe the sublcct could be considered. Mason stated that he would make a resolution for the County Commissioners and P & Z that this Board recommends that they review the F.A.R. ratio for the lots in question. A vote was called for and all were in favor. Pitkin County Airport c/o CWH, Airport Entry Road 84-01 requesting a sign variance. Carly Wood was there to represent the Airport Management. She presented her sign designs to the Board for their information. She explained that the sign was already in place with permission from Patsy Newbury. She stated that between this time and spring there would be a new sign program developed. Newbury questioned if the old signs would be removed. Woods stated that the two blue ones would be taken down. The standard highway "airport" signs wotild be put back up. Mason questioned if the sign would be lit. Wood stated that the entrance sign is lit now and the terminal sign is wired to be lit, but at this time was not. Mason wanted to know if the lighting would be a hindrance to traffic. Wood stated that the lights were directed back toward the sign. Gull questioned if the sign was the correct size. Wood stated that if the sign code regulations were applied to the entrance sign it would look bad and be dangerous. It wOuld be too small. She stated that the lettering area is 6'7", ~hereasthe entire sign was closer to 12'. Wood explained that the sign was exempt because it was a governmental sign. Newbury stated that it had to go before the Board for review however. Gull motioned to approve the sign as requested. Throm. second the motion. A vote was called and all were in favor. Hans Gramiger was there to have a discussion with the Board. He did not make a formal application, so Mason explained to the Board that there would not be a formal action taken by the Board. Gramiger gave some background information to the Board about his situation. At one time in the past he claimed that the Board had nothing to do with zoning matters and was challenged in the Court of Appeals and went on to the Supreme Court. He was before the Board at that time to notify them that he was filing a lawsuit against the Commissioners for the denial of equal protection under the law, due process, inverse condemnation with just compensation, and he informed the Board that they had a duty to say that they grant or deny his variance or that the Board has no jurisdiction in the matter and by that action of the Board he will have exhausted all of his administrative remedies. Mason suggested that Gramiger go through the proper channels and make a proper application before the Board. Gramiger stated that he had not been denied a building ,permit or that he had be agrieved by a Board. , . - e e RECORD OF PROCEEDINGS 100 Leaves III~ [ (; 1'\ [L n, f< 'j C l. ,1 Page 4 Board of Adjustment January 31, 1984 Gramiger stated that the Board could turn him away because he didn't have anything which falls within a 30 day time limit, or because he doesn't have a formal variance application, or they could lean on some language that he drafted for their guidance. He stressed to the Board that they had an obligation to help him. He nassed the draft to the Board members. Smith questioned if there was an application before the Board. Mason stated that there was not. Smith stated that there was nothing for the Board to act on. Mason agreed. Gramiger stated that was what he wanted the Board to state, which was there was nothing to act on. Mason stated that he could not call for a vote because it was not an official variance request. Gramiger argued that point. He explained to the Board that the~e was presently a suit pending with the Commissioners because they have allowed a restaurant in an AF-1 zone and yet are ~till denying his restaurant in the same zone. Mason insisted that the Board was not going to take formal action because there was no application. Meeting was adjourned. Respectfully submitted, \ (~, (~-\"-'~) ,'\..'l--<...A. ~ C^---- N\.c.----- ~ -- J3d /)JJaArtA-/ Chairman ...~ - .. " e e RECORD OF PROCEEDINGS 100 Leaves lRh4" C. r, tiO[CKEl R. B. Ii, L. co. BOARD OF ADJUSTMENT November 29, 1983 Regular Y..ee.ting Members Present: Dottie Fox, Acting Chairperson Paul Krausch Joe Zanin Alternates: Kandi Shaffran Bob Throm Evan Gull Dottie Fox, acting chairperson, called the meeting to order. She questioned if there were any additions or corrections to the many minutes that were done during October. She pointed out some wordings in the sentences that she wanted to clarify on page 5, first set, regarding Hendric~ feelings and on page 7, regarding a statement made by Moran regarding the building permit, which was stated as building department. There were no other corrections. Zanin moved to approve the minutes. Throm second the motion. All in favor. Peter Dobrovolny 83-39 6945 Highway 82, Snowmass, Colorado Requesting a variance for a business identification sign. The sign will be two-sided and attached to the building. 6 square feet in size and the building is aPproximately 100' from Highway 82. Peter Dobrovolny explained that he was not aware until he became an alternate member with the Board that a variance was necessary. He explained that he would be expanding his practice and needed to change his sign. Fox questioned what the color scheme would be. Dobrovolny explained that the background would be light orange and the lettering would be brown. Gull questioned Pasty Newbury, of the Building Dept., if there were any letter limitations in the code, such as letter sizes. Newbury stated that the letters were limited to 12 inches. Shaffran questioned the lighting of the sign. Dobrovolny stated that there was two deck lights on his end of the building~ the up-valley side he was planning to elliminate. Fox questioned Newbury if a sign needed to be posted for a sign variance. Newbury did not feel that they did. Throm questioned if there were any other signs on the building. Dobrovolny stated that there were signs for the realestate company in the other half of the building. Fox questioned Newbury if the letters:were within the proper height. Newbury stated that the requirement was just for cut-out letters. Newbury then determined that no letter shall be larger than 12" in height except for the initial letter which may be 18" high. Dobrovolny agreed that he could adjust his lettering to meet these requirements. Shaffran moved to grant the sign approval with the condition that the sign conforms to County Code, which is that t:he first letter is no higher than 18" and the following letters no higher than 12" Krausch second the motion. A vote was taken and all were in favor. - .. e e RECORD OF PROCEEDINGS 100 Leaves lRhI 'C F HOECKEL B. 8. 8: L. CO. Page 2 Board of Adjustment January 12, 1984 Steve Knudson 83-38 0127 McSkimming Road, requesting a 156 square foot floor area ratio variance for addition of entry way. Knudson was not there due to a snow storm that was detaining him in Denver. He had requested that they call him and discuss the matter over the telephone. Fox read the application, explaining that the entryway was necessary to keep down heat loss. Newbury also explained that at this time the structure was a duplex and the owner was trying to make the unit a single family residence, which is what the zone requires. Also a storage shed located on the property would be torn down. ~ewbury stated that the owner would be taking out the kitchen. in the second unit. The proposed stairway would be outside the structure. Zanin confirmed that the stairway could not be placed inside. Fox pointed out that there were no complaints from the neighbors. Krausch questioned why it was referred to as an entryway instead of a stairway. Newbury answered that it would be like an airlock. Fox felt that the fact that there were no F.A.R. requirements at the time of construction should be considered. Gull moved to grant the variance for an additional 156 square feet over the floor area ratio thats allowed because of obwnzohinq changing the F.A.R. with the condition that the property reverts back to a single family residence in accordance with the current county zoning. Zanin second the motion. A vote was called for and all were in favor. P~ilip/Sally Miller 83-35 Lot 5, Replat 2, Ridge of Red Mountain SiD, requesting a floor area ratio variance of 499 square feet for addition of residence. Phil Miller was there to represent himself. He explained that the basis .for his hardship is that at the time the F.A.R.'s were imposed, 13% was applied to R-30 lot with a minimum lot size of 30,000 square feet. He explained his reasoning behind the purchase of his lot in 1975. He gave a brief explanation of the history of his lot and how the size of the lot is smaller than what the F.A.R. zoning is meant for. He pointed out that if his lot was located in any of the other subdivisions, i.e. Mountain Valley, Aspen Grove, they could build out to 1.6 and that is what they are basing their hardship on. There was a study that he put together that was included in the packet to the Board members. Phil explained that he had been to the homeowners association and had reviewed his request with them. and, they approved his request. He presented photos of his r~sidence to the Board and pointed out that he wanted to expand over his garage, which would not increase the footprint of the residence. He explained that they would not be going any higher than the existing roofline. He stated that his neighbors would not be impacted as. far as their view is concerned. Krausch questioned what the square footage of the residence presently was. Miller stated that according to the architect is was 2098 square feet. He also stated that the assessor's office showed his residence as being 2240 square feet, which exceeds the F.A.R. by 50 square feet. But he stated that he had noted that the assessor's figures were not exact all the time. e e RECORD OF PROCEEDINGS 100 Leaves ORM <, c r HQrCKEL B. B It L. co. Page 3 Board of Adjustment November 29, 1983 Miller made the point that it would only be fair to adjust the F.A.R. requirements of his lot to fit the size of his lot, instead of the larger lots in his subdivision. Fox stated that she did not see a major impact in comparison with the large homes in that area. Miller stated that the house was built under the present zoning, but due to constraints of a budget, was not planning any additions at that time. Fox informed the Board that there were no objections in the file from adjacent neighbors. Gull stated that he felt it was a reasonable approach. Shaffran questioned if the Board had the right to change the zoning on that lot. Gull stated that they were not changing the zoning but were allowing the variance request. Newbury explained to the Board that with this lot a given amount of land was dedicated as open space to bring those lots up to their required zoning requirements. She explained that this is the thing that is not reflected in. the lot itself in these clustered areas. When this area was being dedicated part of the land came from what would have been Miller's lot. Krausch felt that the Miller's bought and built their home with the present conditions and could not see a hardship. Also he was troubled with setting a precedent, and felt that this argument could potentially be unlimited in scope. He was not favorable to granting the request. Shaffran wondered what grounds the Board could act upon. Throm questioned the use and Miller stated that it would be a bed and bath. Gull felt that there was a large number of instances where there are inapP!opriate zoning on lots of incorrect size and this is one example. Krausch questioned about the fact the owner bought the lot with the present conditions and knew what he was getting into. Gull was dealing with the fact that the zoning is inappropriate to the size of the lot. Fox felt that the Board was appointed to handle situations where lots were handled unfairly by the zoning process. Gull explained to Krausch that he was trying to apply the appropriate zoning to the size of that particular lot, stating that he was against F.A.R. variances on a lot that is appropriately zoned. Krausch agreed that the lot was inappropriately restricted in the floor area, a hardship thats imposed upon the lot. But he had a problem considering it a hardship imposed upon the owner who bought the lot knowing what the l~mitations were. Gull felt that it would not be unreasonable for Miller to go before P&Z to get the lot rezoned. Shaffran felt that the owner bought his lot on the Ridge and to live there he had to live under th~ zoning of that area, instead of comparing the zoning to that of Mountain Valley, where he didn't live. Miller answered that priorities changed and he just wanted a fair F.A.R. for his lot size, in comparison with other subdivision lots of that size. Zanin questioned ~f the Board had the authority to act on this request. Newbury stated that if there was a hardship they could take an action. Miller requested a straw vote to get a feeling of what action the Board would take. Krausch stated that he felt inclined to vote against the request, but since it was an entirely different approach from anything brought before the Board he was interested in thinking about the matter and discussing it more. e e aR~'~ c. I, H[)(CKEl B. [I. (] l. CO. RECORD OF PROCEEDINGS 100 Leaves Page 4 Board of Adjustment November 29, 1983 Newbury suggested that a meeting be held with County.Attorney Tom Smith to discuss the matter. Shaffran wanted to know what the hardship could be. Fox felt the hardship was an inappropriate zoning which lowered his F.A.R. due to the dedication of open space cutting into his lot size. Shaffran pointed out that was very different from other hardships that the Board has always used as a guideline. Throm stated that not all cases can be looked at in such a black and white manner. Krausch felt that they must follow the guidelines. Throm felt that it would be worthwhile to request a special meeting and invite the county attorney to clarify the bounds in which the Board works under. Fox motioned to table the issue until direction could be gotten from the County Attorney. Shaffran second the motion. All the members were in favor. Alfred/Valeria Braun 83-36 1440 River Road, Woody Creek requesting a 100' front yard setback variance and a 50' rearyard setback variance to construct a cedar fence over 6' tall. Alfred Braun was there to represent self. He explained that the main reason for making the fence so high is to hide the view of his neighbors property. He presented some photos of the property to show the Board members what his property looked like and what his neighbors property looked at. Fox wanted to know if the situation of the neighbors property had ever been brought to the attention of the zoning enforcement officer. Braun stated that it had, and was sited in 1981 for operating an illegal dump, but the property was still in bad shape. Braun claimed that his fence would not block the neighbors view from the deck of his residence, as is allegated in a letter to Braun from Gary Gidley, the neighbor. Krausch questioned if this was the only neighbor that was objecting. Braun answered that it was. Gary Gidley was there to voice his objections. He presented photos to the Board members showing his fence, which he admitted was too high, but stated that he got permission from Braun to build the fence that high. He claims that Braun has vehicles and gas tanks on his property also. He did not feel that the Braun fence should be that high and claimed that he obstructed his view. He pointed out the area of the fence that blocked his view and requested that it be stepped at that point. Pat Fox was there also. He agreed that Gidley did not obstruct any views with his fence, but did build the fence on an easement that belongs to Fox. Also he stated that Gidley violates. the scenic quality section of the Pitkin County Land Use Code with the state that his property is in. Don Feeley was there and stated that he was not in favor one way or another regarding the fences but wanted to state his displeasure with the need for the fence and was backing up Fred for wanting the fence. He urged Gidley to clean up his property and try to organize his equipment. Gull moved to deny the variance and encouraged the neighbors to work toward taking care of the situation through the courts. He felt that there were no grounds for the Board to work with. Krausch felt that the County should enforce their codes and since nothing has been done to clean up Gidley's property, the Board has every right to give Mr. Braun some assistance. Gull's motion was not seconded. Braun stated that if the County could force Gidley to clean up his property he would lower his fence. ...:. ,... ..... e e RECORD OF PROCEEDINGS 100 Leaves - ,. 1l<l[(KrLfJ, r, II L. en. Page 5 Board of Adjustment November 29, 1983 Throm motioned to grant the variance on the basis that pitkin County Land Use Code, Section 2-16 Scenic Quality provides this Board with the ability to grant the variance for the 7'6" height. Krausch suggested that something be mentioned about taking the fence down. Throm stated that he didn't want to do that. Krausch second the motion as originally stated but expressed his concern that the County has not followed up on the violation. Shaffran expressed concern that the Board was exceeding their bounds. Throm stated that if they were someone could come talk with them. A vote was called for. Fox, Krausch, Zanin and Throm were for. Gull make an opposing vote. The motion passed. David Koenck , 83-37 Lot 4, Block 3, Filing 2, Gateway of Snowmass, requesting a 70' front yard setback variance and a 30' sideyard setback variance on each side for construction of residence. David Koenck was there to represent self. He explained that he was not aware of the setback requirements set by the County on the lot and presented to the Board his drawings of the residence. He was assured at the time of purchase that the subdivision covenant was in effect. He stated that he did do research at Clerk & Recorder and found that the covenant was recorded. Krausch questioned how Koenck was mislead. Koenck answered that he was assured by the realestate broker. Newbury added that the area was originally zoned AF-2 and his setbacks would be ok under that zoning. Fox wanted to know if there was another place on the property to place the structure. Koenck stated that it would be very difficult because he was trying to place for solar benefit. Throm poiDted out some other locations. Koenck had a topo map to show the most practical location. Zanin moved to grant the variance request due to the topographical hardship and for the solar conditions. Shaffran second the motion. A vote was called for and all were in favor. Throm suggested that Newbury contact the realitors in a letter, or whatever, to advise them of the downzoning in the Gateway of Snow:nass area. The meeting was adjourned. Resoectfully submitted, " \. ( ---- '---....... ,. " . \) ''--..S,;,. '----\.. 'f----'-- C J" <(v' n.~'-'--' C '" ~) /12/ ~~ . Chairperson Scanned 8/7/07 File Finders Box #10