HomeMy WebLinkAboutpitkin.boa.84.15
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Bill Lukes
moved that the following be adopted:
BEFORE THE BOARD OF ADJUSTHENT
OF THE COUNTY OF PITKIN
STATE OF COLORADO
RESOLUTION NO.
84-15
Janver C. Derrington, Lot 1, Unit 1
Orchard Estates
WHEREAS, the subject property is within the unincorporated area of Pitkin
County, Colorado; and,
MiEREAS, 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 and will not substantially impair the intent and
purpose of the Zoning Resolutions and the zoning maps.
NOW, THEREFORE, BE IT RESOLVED that the applicant's request for a
5' front yard setback variance
Additional conditions or restrictions:
WA&~ING: Any violation of the terms of this resolution may result in rehearing
and possible revocation.
Bob Throm seconded the adoption of the foregoing.Resolution. The roll
having been called, the vote was as follows:
Bill Mason - yes
Paul Krausch - yes
Joe Zanin - yes
Bill Lukes - yes
Bob Throm - yes
The Resolution was adopted by vote of the Board of Adjustment of the County
of Pitkin, State of Colorado.
DATED:
May 29, 1984
The Board of Adjustment of Pitkin
County, Colorado
Attest:
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Chairman
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Secretary
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DATE 19
APPLICANT JaVlVe-r- C I DefT't~
V' Carbc~le Co
ADDRESS --41), IrA-'''' "/
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LOCATION OF PROPERTY ~1- 1 . UVl.J'+ I . On:A..l &rd e>~ fubclt~1 ,
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CASE#
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ADDRESS~'1' p{UtM S1,
OWNER
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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 dE:.sc~i.ption 9~ ,p;oposed variance ,rhow~ng ,
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Applicant Signature ~~C:=
Provisions of the zoning resolution requiring the Buildi ~ Inspector t~
forward this application to the Board of Adjustment and~~ason for not
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RECORD OF PROCEEDINGS
100 Leaves
C f' >,'I[CKF.l A. U. ft l. t.:J.
BOARD OF ADJUSTMENT
PITKIN COUNTY
May 29, 1984
Members Present:
Bill Mason, Chairman
Paul Krausch
Joe Zanin
Bill Lukes
Alternates:
Bob Throm
Kandi Shaffran
Evan Gull
Peter Dobrovlny
Bill Mason, Chairman, called the t1ay 29, 1984, regular meeting of the Board of
Adjustment to order. He questioned if there were any corrections for the
minutes from the last meeting. Joe Zanin moved to accept the minutes. Evan
Gull second the motion. All were in favor.
Laurie Van Woerkom was back before the Board to get a clarification on the
amount of variance granted to him at the last meeting. He explained that
a survey was just done and the amount from the proposed garage to the property
line was 27'9". The amount given to him by the Board was a 50' setback and
the amount necessary is more in the area of 75'. Evan Gull stated that he
didn't have a problem with the distance but wondered if the Board could legally
amend the motion at this stage. Mason felt there wouldn't be a problem since
it was a topographical hardship and there were no objections originally.
Gull motioned to amend his previous motion to 75' setback variance in the
front yard. Krausch second the motion. All the members that were at that
meeting agreed to the changes.
Janver C. Derrington 84-15
Lot 1, Unit 1, Orchard Estates SiD, requesting a 25' front yard setback variance
for construction of an addition. Mr. Derrington was there to represent self.
He explained that the addition was for a kitchen on his residence. He
stated that the zoning had been changed since the original construction of
his residence, which leaves him with a non-conforming front yard setback.
Bill Lukes moved to grant a 5' front yard setback variance due to downzoning.
Bob Throm second the motion.. A vote was taken and all were in favor. The
Board advised Derrington that if he planned to expand beyond the footprint
of the residence, he would need to come back to the Board for another variance.
Jan M. Haugen & Terry Koladish, 84-16
0296 Sopris Creek Road, requesting a 40' sideyard setback variance for construction
of shed. Terry Koladish was there to represent ~elf. She explained that
the shed was actually a shelter for horses. Throm asked that Koladish explain
the other buildings located on the property. She pointed out the house, barn
and the front area where they wanted to put the shed. Dobrovolny stated that
he was familiour with the property and had no objections. He pointed out that
the adjacent neighbor was out of view of the property. Krausch questioned
why the shed could not be built somewhere else within the setback requirements.
Koladish stated that another placement would put the shed in front of their
residence. Dobrovolny pointed out another area and Koladish stated that
it wouldn't work when dealing with the horses. Dobrovolny explained to her
that she must demonstrate a hardship before the Board could grant a variance.
She stated that the hardship was in the function of her operation. Mason
didn't feel that the Board could act on that hardship.
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RECORD OF PROCEEDINGS
100 Leaves
1:('" ,- C. f':lrr-Kfi A. fl. It l (;,l.
Page 2
Board of Adjustment
May 29, 1984
The members questioned if the property had been downzoned, but no one was
sure if it had been. Throm suggested that Koladish return to the Board
with a better description of the property to see if a hardship is obvious.
Mason pointed out that a better description may not help because of all
the other available areas to build on the property. Dobrovolny and Krausch
agreed. Krausch moved to deny the request due to the lack of hardship.
Lukes second the motion. A vote was taken and all were in favor.
Richard E. Smith 84-17
Lots 33 & 34, Crystal River Park, requesting a 65' front yard setback variance
and a 23' rearyard setback variance for construction of residence. Smith was
there to represent self. Mason questioned if the proposed house was within
the original setbacks of the subdivision. Mason pointed out that the area
had been downzoned. Also he questioned what the covenances were. Lukes
questioned if the proposed decks would be over 30" from the ground.
Smith stated that they would be. Lukes stated that must be taken into
consideration when granting the variance. Krausch moved to grant the
variance due to downzoning for a 65' front yard setback variance and a
15' rearyard setback variance. Joe Zanin second the motion. A vote was
taken and all were in favor.
Lynn Britt 84-18
Lot 5, Block 2, Filing II, Gateway Mesa, requesting a 75' front yard setback
variance for construction of residence. Britt was there to represent
self. He explained that the covenance of the subdivision allowed 30'
setback from the front, 25' from the sides and 20' from the rear, which
would allow him to place his residence on the lot. Krausch questioned
why that particular spot had been chosen. Britt explained that it was
one of the flatter spots and he pointed out the nice vegetation throughout
the property that he wanted to save.
Zanin moved to grant a 65' front yard setback variance and a 35' rearyard
setback variance due to downzoning. Bill Lukes second the motion. A vote
was called for and all were in favor.
Henry & Nancy Lowe 84-19
Lot 15, Shield 0 Terrace SiD, requesting a 40' front yard setback variance
for construction of residence. Peter Dobrovolny represented Mr.&Mrs. Lowe.
He described the property and explained the placement of the residence.
Mason stated that he received a call from Alan Walker, a neighbor, and after
discussing the plans felt there was no problem and he had no objections.
Lukes moved to grant a 40' front yard setback variance due to topographical
problems, Bob Throm second the motion. A vote was called for and all
were in favor.
Elizabeth Carter 84-20
Block II, Filing 2, Meadowood SiD, requesting a 5' sideyard setback variance
for addition to garage. Carter was there to represent self. Mason had some
letters from residents and he entered them into the record. Tom Hubbard
stated that he objected to the request. Carter stated that she was told
they objected because they were afraid it would set a precedent. There
was also a letter from the homeowners association which Mason read into
the minutes. King Woodward was there also from the homeowners association.
Carter explained what they wanted to do and what the garage would be used
for, A portion of the present garage would become an entrance for the house.
Krausch questioned why the 5' additional space was necessary. Carter pointed
out the part of the garage that is used as the main entrance. That would be
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RECORD OF PROCEEDINGS
100 Leaves
C. F. KO(CKEL B. O. & L. l:J.
Page 3
Board of Adjustment
May 29, 1984
widened which would take away from the size of the garage. She also stated
that they wanted a two-car garage. Evan Gull pointed out that in his
opinion Carter did not have a hardship. Mason questioned her what she
felt her hardship was. She explained that it was a pie-shaped lot.
Gull explained to her that she was not being deprived the practical use
of her land and there were no obvious hardships such as downzoning or
topography.
King Woodward was there to give the homeowners association op1n10n. The
association had determined that they would have to abide by the Board decision
regarding the matter, however he too could not see a hardship. Ms. Carter
pointed out that the setbacks where originally 10' on the side. Krausch
questioned if the Board should wait to make their decision until the homeowner
association had reviewed the request. Mason stated that normally the Board
did wait. Mason suggested that the request be tabled. Shaffran felt that
might be a waste of the applicants time since it seemed there was not a hardship.
Krausch moved to deny the variance for lack of adequate hardship. Lukes second
the motion. A vote was called for and all were in favor.
u.s, Capitol Corp, c/o Design Workshop Inc. 84-21
for former Holiday Inn now know as Inn at Aspen, requesting a variance for
entrance sign from Highway 82. Mark Fidel from Design Workshop was there
to represent u.S. Capitol. He described the size of the gates and the
size of the sign letters. The actual plaque would be approximately 2' wide
and 3' long facing out. There would be two facing out. Mason stated
that they were within the code for one information sign. Mason stated
that there would only be one sign under the code requirements and the Board
would not consider the request for the second sign. Lukes requested a
description for the light source. It would be a 75 watt low light.
Lukes wanted the lighting to be consistent with what the County and Board
wants for the county. Fidel stated that it would not be mercury. The
Board determined that the size was appropriate, It would not have
fluorescence lights.. Zanin moved to grant the Inn at Aspen to have a
sign to conform to the sign code ( sized 2' x 3') Krausch second the
motion. Lukes wanted to amend the motion to read that the lighting
would be incandescent lighting. Zanin and Krausch agreed. A vote was
called for and all were in favor.
Mason advised the Board that Boise Cascade had been tabled again because
the required research had not been completed.
Meeting was adjourned.
Respectfully submitted,
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Chairman
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Scanned 9/19/07
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