HomeMy WebLinkAboutpitkin.boa.76.35APPEAL TO BOP.RD OF A.DJUSTP•IE:
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County of Pitkin
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October 12 1 76 Case ~L
Date 9 _ _
Applicant Frank and Virginia Hardison Address. P. O. Box 3304, Aspen, Colorado
Owner Same Address
Location of Property Lot 13, Block 2, Pitkin Green Subdivision,
Pitkin County, Colorado (Attached)
Any pertinent/data Est accompany this application, and will be made apart of this
Case No. 74. °'.,~.~
The Board may return this application if it does not contain all the facts in
question. Applicant's description of proposed variance showing justification:
See attached Exhibit A
^ __ -
Frank and Virginia Hardison
By OP;TES, AUSTIN & McGRATH
Applicant Signature _ . GE^'~a-t
• illiam Gordan III
Provisions of the zoning resolution requiring the Building Inspector to forward
this application to the Board of Adjustment and reason for not granting a building
permit .
Bldg. Insp. Signat re
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Date permit rejected: Board Decision„ '~
Application filed : Date :~/~~ ~_~ ,
Date of Hearing: ~~ ~°~ ~ / r'~~ • "
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Mailed: .~. ~, ,. ~~ -•~
8ecretary,oard~"of Adjustment
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NOTICE OF FU13L_IC HEARING
BEFORE THE PITKIN COUrdTY BOARD OF ADJUSTMENT
TO ALL PROPERTY O'W'NERS AFFECTED BY THE REQUESTED ZONING VARIANCES DESCRIBED BELOW:
Pursuant to Pitkin County Zoning Resolution, a Public Hearing will be
held in the County Cor~missioners Room, Pitkin County Court Houst, Aspen, Colorado,
(or at such other place as the meeting may then be adjourned) to consider an
application filed ~,~ith the said Board of Adjustment requesting authority for
variance from the provisions of the County Zoning Resolution.
All persons affectc:ci by the proposed variances are invited to appear
and state their vieti•;s, protests or objections. If you cannot appear personally
at suc}r meeting, then you are urged to state your vie~n~s by letter particularly
if you have objection to such variance, as the Board of Adjustment will give
serious consideration to the opinions of surrounding property owners and others
affected in deciding whether to grant or deny the request for variance.
Date and time of meeting: October 2.6, 1976 at 5:15 o'clock P _M.
Addendum to agenda published in .the Aspen Times, October 7, 1976.
5. Pitkin County:
Setback Variance for solar heated
s}~elter at the bus s%op located
at lazy Glen and Higflway 8'L.
6. Pitkin County:
7. Frank Hardison:
Setback Variance for solar heated
shelter at the bus stop located
at Aspen Vi 11 age and Hi ghti~~ay 82.
Setback Variance for garage,
Lot 13, Block 2, Pitkin Green.
A copy of all plats are on file in the Office of the Building Inspector
and may be examined during regular business hours.
Published in;the Aspen Times October 14, 1976.
THE PITKIN COUNTY BOARD OF ADJUSTf~1~r•!l~
_,__~
Chairman ,~~
,.. .,,
•
LEONARD M. GATES
RONALD D. AUSTIN
J. NICHOLAS McGRAT H,JR
WILLIAM R. JORDAN III
JOHN THOMAS KELLY
ROBERT W. HUGHES
•
LAW OFFICES
GATES, AUSTIN S~ MCGRATH
600 EAST HOPKINS STREET
ASPEN, COLORADO 81611
October 12, 1976
Building Inspector
Pitkin County Courthouse
506 East Main
Aspen, Colorado 81611
Attention: Casey
AREA CODE 303
TELEPHONE 925-2600
RE: Variance Application of Frank and Virginia Hardison
Dear Casey:
Enclosed please find the following documents with regard to the
variance application of Frank and Virginia Hardison:
1. List of names and addresses of adjoining landowners
2. Application for Variance
3. Check in the amount of $25.00
Pursuant to my phone conversation with you on Tuesday, October
12, 1976, I shall submit the proposed plans by Thursday after-
noon, October 14, 1976. Further, it is my understanding that
it is my responsibility to post the appropriate notice on the
property, and that you shall cause the appropriate notice to be
published as well as mail notices to the adjoining landowners.
Thank you very much for your assistance and cooperation in this
matter.
Sincerely,
/ kb
enc.
cc: Frank Hardison
GATES, AUSTIN & MCGRATH
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By ~~/
William R. Jordan, III
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EXHIBIT A
APPEAL TO BOARD OF ADJUSTMENT
OF
FRANK AND VIRGINIA HARDISON
Description of Proposed Variance
Applicant proposes to construct a minimum caidth two-car
garage to be attached to existing single family residence, as
more fully set forth on the plans submitted herewith. The
proposed garage would penetrate approximately 4 1/2 feet into
the County's 15 foot side lot setback, and will occupy a tri-
angular area of approximately 25 square feet. However, as
can be seen on the plans, the angle formed by the plane of
the house with attached garage and the west property line of
the lot has the effect of an approximate 17 foot setback.
The variance requested would allow the placement of the pro-
posed garage and workshop in such a manner as to provide the
proper architectural and aesthetic balance to ensure a
pleasing overall appearance.
Justification for Proposed Variance
The applicant believes that the proposed variance is
justified because of the fact that due to the exceptional
narrowness and shape of the property and because of the
exceptional topographic conditions (e.g., steep grade and
rocky terrain), which conditions were not created by the
applicant, the strict application of a 15 foot side lot set-
back would result in peculiar and exceptional practical
difficulties to, and exceptional and undue hardship upon the
applicant. Further, applicant submits that such requested
relief may be granted without substantial detriment to the
public good and without substantially altering or impairing
the intent and purpose of the zoning district regulations and
the policies and regulations of the Pitkin County Land Use
Code.
More specifically, the applicant submits the following
justifications.
1. The Pitkin Green Subdivision lots were designed
for ten foot side lot setbacks, thus creating a
hardship for the applicant in complying with the
existing County side lot setback of 15 feet,
because the existing residence was constructed
without a garage at a time when the County set-
back was ten feet. Had the proposed garage been
constructed at the same time as the existing
residence, there would have been no need to apply
for the variance as the proposed garage would not
encroach within a ten foot side lot setback.
2. Pitkin Green Subdivision Protective Covenants
require ten foot side lot setbacks, and the pro-
posed garage would comply with such requirements.
3. Because other buildings in the Subdivision were
constructed at such time as the County setback
was ten feet, and were constructed in compliance
with the Subdivision requirements of ten feet,
the other Pitkin Green Subdivision landowners
would not be injured by the allowing of the
applicant to be subject to a ten foot setback.
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4. The rocky and steep terrain does not lend itself
to any other placement of the garage on the lot,
which garage is designed with the absolute minimum
width for allowing space for two cars.
5. Because of the steep drive and very limited parking
space now available, the parking of cars in the
proposed garage will ease the problems of snow
removal and provide for safer and easier ingress
and egress to the existing residence. Further, the
ability to park cars in the garage, rather than on
the existing road, will allow safer ingress and
egress for Lot 12, Block 2, which lot uses said
road for access.
Respectfully submitted,
Frank and Virginia Hardison
By Oates, Austin & McGrath
By ~ tti~~y~
William R. Jo an, I'rI
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22 October 1976
Mrs Bill Mas^n
Pitkin C^unty Bard of Adjustment
B^x Q
Aspen, C ^l~ra d~ 81(,11
Re: Variance ^n Hardis^n pr^perty, Pitkin Green
L^t 13, Black 2
DBer Sir:
The 'directors ^f the Pitkin Green We ter Ass^ciati~n,
representing the Pitkin Green h~rne^wners, have met and
reviewed the variance requested by Mrs and Mrs, Hardis^n,
and have vested unanimryusly t~ disapprove its It is ^ur
wish that the Bard of Adjustment deny the requested
variant e
Sincerely,
J Cr^n n, C he irman
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Char es Wil/1}~
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Sirous SPghatnleslami
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Marylin inlin Treasurer
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Gail H^lstei~n-,-Secretary
No. ~ ~ , 3~~ DU
County Treasurer's Office, Pitkin County, Colo.
Aspen, Colo., = a `-~ ~ q~
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LARGE PLAT(S)
AVAILABLE TO VIEW AT
COMMUNITY DEVELOPMENT
AVAILABLE TO BUY AT
CLERK & RECORDER