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HomeMy WebLinkAboutpitkin.boa.76.35APPEAL TO BOP.RD OF A.DJUSTP•IE: - ~ Z~3S-o~y a3 ~ County of Pitkin C~68~ l }'~ n -~c~, 2c,~ 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 " .. Date permit rejected: Board Decision„ '~ Application filed : Date :~/~~ ~_~ , Date of Hearing: ~~ ~°~ ~ / r'~~ • " r Mailed: .~. ~, ,. ~~ -•~ 8ecretary,oard~"of Adjustment ~..... - a. ,.- ,. t ~t_ .. _ i w 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 tt~ By ~~/ William R. Jordan, III it ~, ~ _.. ~ _ '- T tP T T r r C ~ ~ ~, ~ ? / _ r. J T i r`~ ti ~.i r ~, `~ :~ ~~ ~~ 43 o~ l' F '.i t ~. ~ ~ ~,, VV C ~ v~ \\/ ~ ,~~ .~ i ~~, i9 , ~' ~- ~'n ~L r t- ~ ^ c ~~~ , ~C V ~ A *' . a ~~ ~~ a - ~~ , C~f~ ~' ~ 't ` r~ O r f ~; , ~o ,: ' . ~O - . , ,. ~~ D 0 ~ ~ r°~ % ~, ~\ ~ G ~ 0 ~ ~Y `''. A ~ r - ~ ~. ~ ~~ ~ r ~ - ~~. ~ ~, L b b 0 ~ ~ ~. ~ ~ ~, m ~ ~, m x t!~ m l ~ ~b ~~ ~~ z z m A~ ~n z A ~ ~ ~ a N o a R OD ~ m { ~ ~r ~ ~ ~ ~ U _ ' ~ -~`~~ h 1 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. .. , . ,~. . ._ .~ • • 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 .. ,_ .. .. _ .. 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 -~~ , Char es Wil/1}~ ~ /~' Sirous SPghatnleslami /~~ Marylin inlin Treasurer ~,~ - ~~~_ Gail H^lstei~n-,-Secretary No. ~ ~ , 3~~ DU County Treasurer's Office, Pitkin County, Colo. Aspen, Colo., = a `-~ ~ q~ ~erpinr~ of ~~-~ ; ~--~;. _ ~ `~z~1~~~- ,~ O O n i _ T~1.LARS G~/~! _~-~__ Account of /,/ _!~` O Credit t~ Fund. ' ~~ .Treasurer ..~I ~''--~_ 11/ Deputy me c. r. xacun co.. Dana /'' U v ~ t. ,.. ,. ,,L.~ LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER