HomeMy WebLinkAboutpitkin.planning.246720101004 (2)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
iZESOLII SAN ~F .i
BOARD OF,C
APPROVING ~~ ~PPE~ OF .~
DE`11'ING :~ HEiGS'T `TAEt
Resoiution'To. 9&
REC:T BLS
~AD1) ~ _.
E'fEt1VIINATION
a,~,,~ 3 ':°9a'
't l y1N
Jr`AM1iN1'C"'N~~pMEs~T
i. _31dea and Patsy R.icharos. ~ npiicaats, :ave appe'-.le : a.3oaza o1.=_aiusmieat Bete-~ination
denying -hem a fence he:gnt variance at :he~~ ?roperty at ~JO~? ~tatnan Lane.:,ot ' I?oliand Hills at
Basalt.
'"ne Boare of aditlstalent hears :7e ~~atiance request az a puouc :e~..rng onune .99?.=ud
_. ...
based on the evtaeacs grese:aea. he 3oara of _-_aiusmtent tonne T :e :ollowmg nna.n~r:
~ . Pmaer n0L1Ce ;7rOC°'S11IeS.:^•C'ULlln~'..*.e notaic: tion jai aiI adioinins ;rone•ry owners..:vas
shown oy the applicant
:. The reglllIe:l i1aIC15iaD Or pIaC^,G'i C1r~C'11tV SVZ^; i,Gi eSiabllShe4...... ... ...
...
.7. Lne BOard OI CounLV.C0IDnI15510aer5 COIISlae'C~ .%e :I)DC31 CL a at11V :,onCe~ ~11D,11C ~°~:.'IIn°_ pn .
Feoruarv .5 i 998, at wiricir time ~nae^qe and testimony were heated.
~. The Board of County Comnzissioae:s_:eversed the Board, of ~diustmeat aet~*m+^arion-
NOW, THEREFORE. BE TT RESOf.VED 'oy -he Board qt County Comm.~rioners of
,. ,
Pititia County, Colorado. ttrat :*- saes hereby approve' .he '~icaards appeal of a 3oard of
Adjusmment determinatton denying a fence height variance suo7ec: to dle conditions :isteci below.
I. The applicant shail,_provide :n writing pis age'-meat *~:u Lhe =ease. height variance is only fet
the durarion of the Highway 82 construction between W~utgo hmctioa and Basalt
2. Within 60 days of the signing of this Lesolurioa. the applicant sbail apply for the proper permit
..,. , ~,
and pay the required buridtng peraat fee for .the fence (550.00) as well as the, cost°of staff
investigative time (5185.00).
3. The fence will be removed ar made., to conform wrdr County standards at the concitrsion of the
consruction noted is condition ~I. , .
4. If the applicant faits to perform any of the conditions of this resolution the County will
remove the fence at tare applicant's,e~tpense, including any costs associated with attorney's fees
and costs.
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:-~i'ZiST: 30AitD nF C~JU~i'I'Y CDM1YlISSIONERS
OF ~*TZ~i(COU~iTY, CrJLORADO
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'„~eeee-deaes~yv~ee,c~ ~.~+ Dorothea rams. Csairman
Deputy Cleric aad Recorder ~ - ~ ,~
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APPROVED AS TO FORM RECOMME`iDED 3;'OR ADOPTION _ _ ,
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John EIy~ Cindy $Aoube3
C~mnty ~ttornev Commtmiiq De~•eicpmeat Director
CrsuppoNforms/bdad/rici~atds.doc _
P71-97
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RESOLUTION OF THE P1TIflN COUNTY, COLORADO
BOARD OF ADJUSTMENT
DENYING A HEIGHT VARIANCE F'OR ALDEN & PATSY RICHARDS
WHEREAS, Alden & Patsy Richards, owners of 0032 Nathan Lane, are requesting approval of a
5'6" height variance, for placement of a fence on top of an existing berm; and
WHEREAS, 6' is allowed fora 3/4 acre lot in the AFR-10 zone. district; and
WHEREAS, the subject property is described as Lot 12, Holland Hills; and,.
WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by
virtue of Title II, Section 7-10.30, Pitldn 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 adjoining property owners, has been
shown by the applicant
2. The required hardship oYpractical difficulty has notbeen established.
NOW, TT~REFORE, BETT RESOLVED. by the Board of Adjustment, that a 5'6" height variance
for placement. of a fence on top of the.. existing berm shall be denied.
WARNING: Any violation of the terms: of this resolution may result in rehearing and possible
revocation.
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of
Colorado.
DATED: June 3,1997
ATTEST:. c
Geor~illy~ S
Pitkin Co oard of eat
L/l
Bill Lukes, Chair
]?itldn County Board of Adjustment
I I~~II( "III "I"I II") Illll ~lli~ I'I"I III "I'~ I"I'!I)
406061 07/07/1997 03:40P RESOLIJTI DAVIS_3ILYI
1 of 1 R 0.00 D 0.00 N 0:00"PItKfNCO COfbTtApO`
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MEMORANDUM.
DATE: February 25, 1998
TO: Board of County Commissioners
THROUGH: Cindy Houben, Community Development Director V'"
~, ~
FROM: Lance Clark, Deputy Director
SUBJECT: Richards Height Variance-Appeal of a Board Of Adjustment Decision
REQUEST: The applicant requests Board consideration of an appeal to a Board of
Adjustment (BOA) determination denying a fence height variance for Alden and Patsy
Richards in Holland. Hills, pursuant to Section 3-300.20 C. of the Land Use. Code.
APPLICANT: Alden and Patsy Richards
LOCATION: 0032 Nathan Lane, Lot 12 Holland Hills at Basalt.
ZONING: AFR-10
PROCEDURE/PROCESS: The applicant has appealed a Board of Adjustment
determination as provided for under Land Use Code Sections 3-300.20 and 4-160. The
applicant maintains that the Board of Adjustment erred by not adequately considering the
unique locational aspects of his property.
BACKGROUND/ DESCRIPTION OF PROPOSAL:. The applicant constructed a
fence on top of a berm to a total height above pre-existing grade of 11'6" where 6' is
allowed. The fence was "red-tagged" in April, 1996; and came before the Board of
Adjustment as a variance request in June, 1997. The Board of Adjustment failed to find
proper hardship for grant of a variance and denied the_variance request. The BOA noted
in its deliberations that a 6' fence could be constructed in the applicant's yard off the
berm without necessitating any variance. A fence in the proper location could provide
safety, noise, and. sight relief.
STAFF RECOMMENDATION;. It is staffls recommendation that the BOCC adopt a
motion approving a resolution denying the Richards'Appeal of a Board of Adjustment
Determination regarding fence height.
ATTACHMENTS:
1. Resolution of Denial
2. BOA Resolution
3. BOA June 3, 1997, Minutes
4. Applicant's variance application
5. Applicant's appeal letter
cases/richappl.doc
2
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MINUTES
:. ~lttaclnnenf3
Pitlcin County Board of Adjustment
June 3, 1997
Members Present:. Michael Cooper Shim Gellgr
Bi11 Luker, Chair Paul Rudnick
Rod Dyer
Staff: Joanna Schaffner, Zoning Officer
George Lilly, Secretary
Luker opened the meeting and introduced the Boazd.
Case #97-08 Alden & Patsy Richards 0032Nathan Lane Holland Hills Basalt
Luker introduced, the. request fora 5'6" height variance, where 6' is allowed in the AFR-
10 zone district, for placement of a fence on top of a berm, with the total height above
pre-existing grade to be 11'6".
Bill Baker was present as the Richards representative. It was noted that the fence already
exists. and had been red-tagged for exceeding the height limit as it is considered to be a
structure within the setback. Baker passed azound photos-some of a neighboring higher
berm that the Board had, approved and some of the applicant's berm that showed that,
when standing in the ditch between the applicant's fence and the highway, the road is at
eye-level. He also indicated that the Homeowners Association had no problem with the
fence being there. It provides the Richards with a noise barrier, as well as a barricade for
their small child.
Cooper noted that the top of the. fence is lower. than the man-made berm right next to it.
Luker said that the code had been revised to prevent such structures on top of berms.
Schaffner reminded the Board that they had approved a 15' berm across the street that
fronts the highway for 345' while the applicant's property fronts the highway for only
120'. Baker referred to numerous other berms and/or fences in the Holland Hills area
which exceed county guidelines for such structures, acknowledging that they were in
place before those requirements. became. law. Luker said that he was unwilling to wall in
the highway, and Dyer noted that living along a highway will necessarily be accompanied
by a certain level of noise.
Luken moved to deny the variance request. Rudnick seconded. Motion passed 5-0 to
deny the application.
Case #97-11. John Haas 659 Medicine Bow Lot 8 Block 1. Brush Creek Villase
Luker introduced the request for approval of a 19.5' side yard setback variance, where
20' is required fora 1.985 acre lot in the AFR-10 zone district, for the construction of a
residential garage.
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June 10 , 1997 Asi~t~1, P171ar1
. ~ . Conwwrrc DEVn.orennvr Deenxn+~vr
Mr. Alden Richards
0 Sax 353
Oceanview, NJ 08230 .
re.: 3oard of Adjustment Case X97-OS
.Lot 12, Holland Hiils Subdivision
Dear ~1r. Richards,
As you '.chow, your recues~ for a weight variance for a fence lccated in
the. 3chway 82 setback. was re~r_esved by the 9oard of Adjustment at their
regular'_y scheduled meeting cn June 3, 1397. You: representative, Biil
Baker, was present.
':he 3card discussed ycur request and concluded that it eras not necessary
for the fence to be located on top of the 'oerm. A fence not to exceed
six fee*_ in height could be const.-ucted xl your yard tota~.ly off of the
berm and not require a variance. A resolution of .denial will be mailed
to you in .approximately six weeks.
A recorded tape of -the meeting is available. If you would like to
review this tape, you should call Ks George Li11y'at 920-54?2. You may
appeal this decision ,to the Board of County Commissioners by submitting
a lefter toour department requesting an appeal no later than June 18,
1997. Your appeal will be scheduled (not :heard) within 15 days of
reciept of your letter.
If a letter requesting an appeal is not received by June 18, 1997, the
fence must be removed by July 31, 1997. Zf you have any questions
regarding any of this information please do not hesitate to call me at
920-5105.'
S incer'ely,
\ ,
_ A?-Xt?xf J {Jest.-:-'-~ ~ti
1 1 \
dOdZSlla S. Schaffner
County Zoning Officer
130 Sovrx GuEUx Srn~r ~ Asr~, Cowxnoo 81611.197; ~ PxoNe 970.9205090 ~ ~ Fax 970.920.i~k39
06102/9 19:00 SAND NS GOLF CLUB (609-965 3699 P 002
acmen
RECEIVED
JUN 1 8 1997
ASPEN! PITKIN
COMMUNITYDEVELOPMENT
Jwre 16, 1497
Baud ~
1311 Sov61i Csateas SOrat
As,peo, CD 8161-1975
Re: iiel~ varuarce Sr• hraded,at t+00P12, NaA~an Loa, IioBmd ~ Hwy s2
Dear Board of Adjuarcts:
I appreciate tlse Baed peace me: to bm'id x faeea an mQ awe papacy. '17~it 1d~m's a
n9~ faryaa iv rda ®se deariaa you made an lime 3rd: ~~ t6u letter, I vroaltlhlw m
~ ]row' de+3aiou ao ~ thu vmienco.
Ii is ewideertbst the ssataomwhalg and nd(~bmbuod pJtotw was npt casidaed ib Wu
deciricn. Thu Eesee Ma~> it no b' than iste adgbboi'n bar, ands us fact snxr~
than otlrn BeetprFepce Bbrxaids loaned U2 mde east of my property. ~ two asap a®o, say
s~,.~~
SrasYy hvedm am home mroe years and io %Vaaey far 13. As yon m all awanq 1Lae's x )of of
1raYCic mavnment each m~asaimg and cveniog is ilm va8oy. I aianBxiro atry a~bor's esQaieoce
this 360 days ayear!
When I canrttvcted thin I iR uar wdmt drc paatnr~as fa the ixna bit
measwad flnm my prape,ty~a aide:,I eoaattuc6od 8re Ewax afoogvuiSt ana~et ftiatd toratsornt
51,900 in as'dea b ease labor eotAs. iE~ tint d was door u s tsebof'ol n-soaet ~al,e~aiae. the,.,
aowh canner nerds ~, ff any afyaw have ch~ea a pair, sod woald SbeMtu Irt~y an ~ Lcmc Eon
a oonple of w~ n:nt Sze. (rites eot s bdUe) pteare let me loaow. At&x tbd two woob, tot me
zen~e mY Sataa ~'ar soother of vseclt~ pear Sea) atdyaa bt are knae- draa 9f yion h'ks
wbatyon'vie ~rcalu~etit
Not only daaa thu small E~ pruride a samd barrier, lsnt b also save as a eecaitq
tmartcade >iraan F~avay 82 as web r a tra6c boson. Rawly, did I ar wY ~s mWY ~ Ymd
aom7 tiro Spree vows connsaeted becaaue: oflbc inxcoc fee>i~ Y~ tla ~ Y.
FTi~w+ly 82.
06/02/g7 19:04 SAND BARRENS GOLF CLUB, (609)-465-3699 P. 003
I #es aY~ the Hwrd,tn 1~ l~ Ilusi+il'elmioe oA my projlpty. I aaonta dni i ipb7t
.. .F _..
m ~ aho peed u, make pso(xr accac~fg to Iles 8asti(s hci~t
sLaatd ilus~ vuiance be d~niod. Fact firo b Mice m~ op m my a~'a. T'hanit you €ar itioong ~ timo
to ~md tho lamer a~poar oosmderrim.
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Palsy 3. Rishsrde
Makada bL Hirhads ,, -~ •'
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Cindy Houben, Community Development Director
G
FROM: Lance Clarke", Deputy Director
SUBJECT: Richards Appeal of Board of Adjustment Decision
DATE: January 14, 1998
REQUEST: The applicant requests BOCC review of a Board of Adjustment decision
regarding fence height.
APPLICANT: Alden Richards, Owner
APPLICANT'S REPRESENTATIVE: Self
LOCATION: Holland Hills/Highway 82
RECOMMENDATION FOR CONTINUANCE: The applicant is out of state at this
time and did not properly post the property with the notice of public hearing for this
meeting or for three previously scheduled meetings. His agent picked up the sign andwas
made aware of the posting requirements for this meeting. The sign was not posted. It is
recommended that this item be continued until February 25, 1998. Tf the property is not
properly posted for this date it is recommended that a "tear down" notice be issued to Mr:
Richards. Staff will notify Mr. Richards of the consequences of failing to properly post
notice for the February 25th meeting.
riohcontdoc
1
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MEMORANDUM
TO: Board of County Commissioners
THROUGH: Cindy Houben, Community Development Director~:~~
FROM: Lance Clarke~eputy Director
SUBJECT: Richards Appeal of Board of Adjustment Decision
DATE: December 17, 1997
REQUEST: The applicant requests BOCC review of a Board of Adjustment decision
regarding fence height.
APPLICANT: Alden Richards, Owner
APPLICANT'S REPRESENTATIVE: Self
LOCATION: Holland Hills/Highway 82
RECOMMENDATION FOR CONTINUANCE: The applicant is out of state at this
time and did not properly post the property with the notice of public hearing.`His agent
has now picked np the sign and has been made aware of the posting requirements It is
recommended that this item be continued until January 14, 1998.
richcont.doc
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MEMORANDUM.
TO: Board of County Commissioners
THROUGH: Cindy Houben, Community Development Director ~~ c B
FROM: Lance. Clarke, eputy Director
SUBJECT: Richards Appeal of Board of Adjustment Decision
DATE: October 22, 1997
REQUEST: The applicant requests BOCC review of a Board of Adjustment decision.
APPLICANT: Alden Richards, Owner
APPLICANT'S REPRESENTATIVE: Self
LOCATION: Holland Hills/Highway 82
RECOMMENDATION FOR CONTINUANCE:: The applicant is out of state at this
time and did not properly post the property with the notice of public heazing. It is
recommended that this item be continued until December 17, 1997.
richcont.doc
I
MEMORANDUM
TO: .Board of County Commissioners
Y ty p
THROUGH: Cind Houben, Communi Develo ment Director,..
FROM: Lance Clarke°~Deputy Director
SUBJECT: Richards Appeal of Board of Adjustment Decision
DATE: September 24, 1997
REQUEST: The applicant requests BOCC review of a Board of Adjustment decision.
APPLICANT: Alden Richards, Owner
APPLICANT'S REPRESENTATIVE: Self
LOCATION: Holland HillslHighway 82
RECOMMENDATION FOR CONTINUANCE: The applicant is out of state at this
time and did not properly post the property with the notice of public hearing. It is
recommended that this item be continued until October 22, 1997.
richconkdoc
1
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MEMORANDUM
TO: Board of County Commissioners
THROUGH: Cindy Houben, Community Development Director
FROM: Lance Clarke°~, Deputy Director
SUBJECT: Richards Appeal of Board of Adjustment Decision
DATE: August 13, 1997
REQUEST: The applicant requests BOCC review of a Board of Adjustment decision.
APPLICANT: Alden Richards, Owner
APPLICANT'S REPRESENTATIVE: Self
LOCATION: Holland Hills
RECOMMENDATION FOR CONTINUANCE: The applicant is out of state. at this
time and has requested a continuance until September 24, 1997. Staff recommends the
Board continue this item until September 24, 1997.
richcont.doc
~.,v
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PUBLIC NOTICE
RE: RICHARDS APPEAL OF A BOARD OF ADJiJST1VIENT DECISION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday;
August 13, 1997 at a regular meeting to begin at 3:00 PM before the Board of County
Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen to consider an
appeal; made by Alden and Patsy Richards, of a Boazd of Adjustment decision denying a
Height Variance request for an existing fence built on top of a berm. The property is
located at 0032 Nathen Lane, and is described as Lot 12, Holland Hills Subdivision. For
further information contact Joanna. Schaffner at the Aspen/Pitkin Community
Development Department (970) 920-5105. Copies of the proposed Resolution are
available. for public inspection during regular business hours in the Office of the Clerk
and Recorder, 530 East Main Street, Aspen, Colorado 81611. Phone (970) 920-5186:
Jeanette Jones, Deputy County Clerk
Boazd of County Commissioners
Published in the Aspen Times. on July 12, 1997
Pitkin County Account 00113
1N3WdOl3A30 AlINf1WW00
t73elE~~3~9
-~~.
CERTIFICATE OF MAILING
RE: RICHARDS APPEAL OF A BOARD QF ADJUSTMENT DECISION
I hereby certify that on this 9th day of July, 1997, a true and correct copy of the attached
Notice of'Public Hearing was deposited in the United States mail, first-class postage prepaid, to the
adjacent property owners as indicated on the attached list of adjacent property owners which was
supplied to the Aspen/Pitkin Community Development Department bythe applicant in regard to the
case named on the Public Notice.
By:~honda Harris
Administrative Assistant
fim.mailing
__...
,~-
x
PUBLIC NOTICE
RE: RICHARDS APPEAL OF ABOARD OF ADJUSTMENT DECISIUN
NOTICE IS HEREBY GIVEN that. a public hearing will be held on Wednesday,
August 13, 1997 at a regulaz meeting to begin at 3:00 PM before the Board of County
Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen to consider an
appeal, made by Alden and Patsy Richazds, of a Board of Adjustment decision denying a
Height Variance request for an existing fence built on top of a berm. The property is
located at 0032 Nathen Lane, and is described as Lot 12, Holland Hills Subdivision. For
further information contact Joanna Schaffner at the A§pen/Pitkin Community
Development Deparhnent (970) 920-5105.. Copies of the proposed Resolution are
mailable for public inspection during regulaz business hours in the Office of the Clerk
and Recorder, 530 East Main Street, Aspen, Colorado 81611. Phone (970) 920-5180.
Jeanette7ones, Deputy County Clerk
sBill Tuite_ Chair
Boazd of County Commissioners
Published in the Aspen Times on July 12, 1997
Pitkin County Account 00113
ASPEN/PITIV COMMUNITYDEVEI:OPMENTPARTMENT
130 S. Galena Street
Aspen, Colorado. 81611
(970) 920-5090 FAX# (970)920-5439
June 30, 1997
Alden and Patsy Richards
P.O. Box 9466
Aspen, CO 81612
Re: Richards Appeal of Board of Adjustment Decision
Case #P71-97
Dear Alden and Patsy,
The Planning Office has completed its preliminary review of the captioned applicafion. We have
determined that this application is complete. After a more detailed review of the submittal
information, additional information specific to the application maybe requested in order to
adequately review and process the application. The planner in charge of the review will
request the information from you directly.
We have scheduled. this application for review at a public hearing by the Board of County
Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen, on Wednesday; August 13,
1997 at a meeting to begin at 3:00 P.M. Should this. date be inconvenient for you; please contact
me within 3 working days of the date of this letter. After that the agenda date will be considered
final and changes to the schedule or tabling of the application will only be allowed for unavoidable
technical problems. The Friday before. the meeting date, we will call to inform you that a copy of
the memo pertaining to the application is available at the Planning Office.
Please note that it is your responsibility to post the subject property with a sign within 15 days of
the public hearing and to remove it from the property within one week following the hearing.
Please submit the enclosed Affidavit of Notice by Posting as proof of compliance with the Code
prior to or at the hearing.
If you have any questions please call Joanna Schaffner at 920-5105.
Sincerely,
,,
;~
~--~~ll~ CL.
Rhonda Harris
Administrative Assistant
DATE RECEIVED:
DATE COMPLETE:
PARCEL ID #
CASEAD SUMMARY SHEET - PITHIN ~''"`UNTY
6/18/97 CASE # P 71-97
STAFF:. T~^'-``-.c-_
2467-201-01-004
PROJECT NAME: Richards Appeal of a Board of Adjustment Decision
Project Address: 0032 Nathen Lane, Holland Hills, Basalt
APPLICANT: Alden & Patsy Richards
Address/Phone: P.O. Box 9466 Aspen, CO 81612
REPRESENTATIVE: same
Address/Phone: 927-3563
RESPONSIBLE PARTY:
FEES DUE
PLANNING $0
ENGINEER $0
HOUSING $0
ENV HEALTH $0
CLERK $0
TOTAL $0
ounty Attorney
^ County Engineer
^ Zoning
^ Housing
^ Environmental Health
^ Sheriff
^ Land Management
^ Risk Manager
^ Airport Manager
^ Floodplain Administrator
^ Open Space Board
Applicant Other NamelAddress:
FEES RECEIVED
PLANNING $0 # APPS RECEIVED
ENGINEER $0 # PLATS RECEIVED
HOUSING $0 GIS DISK RECEIVED:
ENV HEALTH $0
CLERK $0 TYPE OF APPLICATION
TOTAL RCVD $0 One Step
^ CO State Forest Service
^ CO Division of Wildlife
^ CO Geological Survey
^ CO Div of Water Resources
^ US Forest Service -Aspen
^ US Forest Service - Sopris
^ CDOT
^ BLM
^ Caucus:
^ Homeowners' Association
^ Wildlife Officer
^ Aspen Fire
^ Basalt Fire
CarbondaleFire
^ Aspen Water
Aspen P&Z
^ Clean Air Board
^ ACSD
^ Rocky Mtn Natural Gas
^ Holy Cross Electric
^ Aspen School District
^ Other:
DATE REFERRED: ~ 7 `i INTTIALS: ~ DATE DUE:
~...v ,..., .w. fi.M. ._..,:,,~ ~..- ~~ ..W~,~k..
APPROVAL: Resolution/Ordinance # Date:
Staff/Heazing Officer Approval - Date:
Plat/Site Plan Recorded Book ,Page
CLOSED/FII,ED DATE: INTI'IALS:
ROUTE TO: