HomeMy WebLinkAboutpitkin.boa.84.29
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DATE
July 12
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CASEI R'-/ -,;A
360 S. Monroe, #400
ADDRESS Denver, CO 80209
360 S. Monroe, #400
ADDRESS Denver, CO 80209
APPLICANT Steven B. Knudson
OWNER steven B. Knudson
LOCATION dF PROPERTY 0127 McSkimming Road, Aspen, Colorado (Aspen Grove
Subdivision)
Any pert~nent 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:
Please refer to the attaohed documents, incorporated by reference in and to
this Application for Variance with the County of Pitkin, state of Colorado.
Appiicant Sign.tur~
Provisions of the zoning resolution requiring the Building Inspector to
forward th~s application to the Board of Adjustment and reason for not
granting'a buiding permit:
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BuHding In,pectnr'4 ?{.L(j
Board decision
~ejected: aj~-/~, /91/
{/ /
Date Permit
Application filed
Mailed
Date
Secretary Board of Adjustment ,
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KNUDSON, DA VINE AND MIERS, P. Go
ATTO"NEYS AND COUNSELORS AT LAW
CHERIltY CREEK CENTE", SUITE 400
3eO SOUTH MON"OE STREET
.JE","Y ',~. DAvtNE
STEVEN Iii. KNU08QN
.J......E. W.'MtE~
KEVIN 1". HUGHES
DENVEN, COLONA,DO e020.
(303) 333.3'11
July 12, 19'84
Aspen Pitkin Regional Building
Deparment
c/o Patsi
506 E. Main Street
Aspen, Colorado 81611
RE: Application for Variance'
Board of Adjustment
Dear Board of Adjustment:
The purpose of this letter shall Oe to supplement the
enclosed preprinted form application for a variance to Oe
hearo by the Board df Adjustment on July 31, 1984. I
am requesting a variance from the setback requirements
promulgated by the County of Aspen, pertaining to an R-15
Zone District. I wiSh to build a single car g'arage port on
the property Which, pursuant to the drawings and
specifications, would Oe approximately ten (0) to fifteen
OS) feet from the access roao (McSkimming Road). As you
may know, the setback r'1lquirewrent is thirty (3'0) feet frOJl\
the access road in this R-15 ~one District. I have enc1oseo
for your review and to helpyoti' i'n your decision, copies of
the plot plan, copies of the$ubdivision plat map, drawings
and specifications of the proposed carport,' and actual
pictures of the proposeo construction site. As you may Oe
well aware, I came to the Board last year for a grant of a
variance to add an enclosed stairway to join the upper level
to the lower level and to convert the property into a single
family residence from a duplelc which was a nonconforming
use. It is my intention and, in fact, I have agreed
wholeheartedly to convert it to a single fami1y:residence in
the very near future. Howev~r, after living in the property
through the winter, it became apparent that the currel'lt
parking situation available to the property is on the street
and is, in my opil'lion, a hazard. Not only do the snowplows
continue to engulf the onstreet parking, but I received
tickets for parking anywhere along the road before and after
the snowplows do their work. It therefore became quite
obvious to me that to build a oriveway into the property
C,"nnqry
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AFFIDAVIT
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. Re: KNUDSON RES IDENCE . ' .
0127 McSidmming Rd.
Aspen,'CO
: This is to,co.nfirm thata's,-aneighbor'.'ofthe above addressed resident, residing ilt .
, , ',.
rJPIt5 %e511n? Y77;n.[j,f~'
J!l~'pl?",e" vL ~j,;;. </,-5""'1
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legillly known as:
Lot No. 1f)..
. Block No. /JIVe-
ASPEN GROVE Subdivision
That I have no objection to the propo,sed attached garage and improvements, therein
'to Lot 1, Block 1, Aspen Grove Subdivision known as 0127 MCSkimming Rd.
. 'WitnessOt~,d~~
Signature:r::;~~~~
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AFFIDAVIT
Re: KNUDSON RESIDENCE,
0127 McSkimmi ng Rd.
Aspen, CO
This is to confirm that as a neighbor of the above addressed ,resident, residing at
legally-known as:
/}1/96 ,I, ~t! 5'~-'~J~if...?,(,."...,,~,
.-4/,2"->' ' ~vL' ?;-~4.f/':PIGM
~ot No"
B,lock No.
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ASPEN GROVE SUbdiv'i$ion
c. I
That I have no objection to 'the proposed attached garage and improvements therein
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to lot 1; Block 1, AspenGro~'e Subd1visionknOWiJ as
, ',", - .. . " ,',
Witne$~<-.~~',: Signature:
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100 Leaves
RECORD OF ,PROCEEDINGS
,.r,-'"'' "
BOARD OF ADJUSTMENT
PITKIN COUNTY
August 7, 1984
>kmhl:~rs Present:
Bill' Mason, Chairman
Paul Krausch
Joe Zani~
Patsy Newbury, Zoning Official
\llcrnates:
Kandi Shaffran
Bob Throm
Evan Gull
)1il1 ~1ason
t'-.-l order.
heing held
There were
called the regular meeting of the pitkin County Board of Adjustment
Due to the timing of the notification in the paper, the meeting is
at this date inste.ad of the regular date of July 31,' 198".
no minutes from the last meeting at this time.
.'l;-lson questioned if the applicants had placed notification signs on their properties
prior to this meeting. Jane',t Monte, had not placed a sign on her property and
thl' Board had to table her application until the next regular meeting.
Steven B. Knudson 84-29
012iM~Skimming Road, requesting'a 15' front yard setback variance for construction
,)f i"I carport. Mr. Knudston, Steven"s father, was there to represent the
uwner. He presented a model of the house and how it was positioned on the lot.
~'!r. Knudson explained to the Board that the garage could not be pl8lced
lt1vwhere else on the property due ,to the danger created for the dri.veway.
\~l' c->Lated that the garage is" less than 4'00 sq.ft. He then presented photos
:"'0 the members demonstrating the ,topography of the property. Mr. Knudson
;tilted that they would like to get the driveway and the foundation in before
th'..:' snow. He also pr,~sented affidavits from the neighbors stating that they
did not object.
Throm questioned why the garage could not be placed behind the house. Joe
Zanin was very familiour with' theprC'"'."ty arid felt that the garage could
not be placed in that area because 'of t.tle dangerous t,opography.
Krausch moved to approve the request clue to topographiC; hardshiPs. Gull wanted
to make Burethe amounts required,werewell d~fined. Newbury pointe~ out
to the Board that the applicant'did not place a notification sign on the
property. Mr. Knudson was not aware. a' sign was necessary since t.he affidavits
were obtained. Mason confirmed. that the sign was necessary. Knudson wanted
to know if it would be possible 'to get the approval subject to the sign
being posted. He reiterated the' timing situation involved. Mason felt it,
would be done~ but no con~truction could be done in the meantime.
Krausch suggested that the condition could be placed on the ar?roval that
the sign be posted the next day ,with, no objections during the ninl~ day period.
'Iason agreed. Newbury did not have any objections to this.
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RECORO, OF PROCEEDINGS
100 Leaves
-; ,- "-I -:,EL A. " ~ ,. ,.'
August 7. 1984
Board of Adjustment
Page 2
Kreu seh amended his motion thatthel,"equest 'be granted with the understanding
thCll the sign be posted tomorrow" Wednesday, August 8, and that there are
no ()1~_iec tions within -the nined,ay. p.eriod '.
Sha ff ran pOinted ou t that Monte 'had been' tabled because her sign had not been
posted. Krauschfe1t that in tha'tcase time had not been critical. Mason
agrceed that it ,was unusual, but when eve, 'the Board' ,cou'ld help an, applicant
they try to do, so. ShaUran 'luestiohed 'how much the applicant was requesting.
It was determined that a 2 .5' sid~yaid setback var'iance. ' Zani,n second the
mot,ion, A vote was called forand, all we,e' in favor.
Meeting was adj'?urned.
Respec t fully submitted,
" ',', '; "" '~
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I:it.'//-?J-/{{.,.:!e'"r, ,
Chairman
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RECORD OF PROCEEDINGS
.100 Leaves
'W[:KEl 1'." ;, c. t.].
BOARD OF ADJUSTMENT
November 29, 1983
Regular Meeting
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 oage
5, first set, regarding Hendric)s 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 q~estioned 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. Shaffrari 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 tnere were any other signs
on the building. Dobrovolny stated th~t 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 the 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.
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RECORD OF PROCEEDINGS
1 00 Leaves
,~" " .WrCK[L B, B. ~ L. ~O.
Page 2
Board of Adjustment
~anuary 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.
Newbury 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 sguare
feet over the floor area ratio thats allowed because of dbwnzoninq
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.
Philip/Sallv Miller 83-35
Lot 5, Reclat 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 H-3010t 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 residence 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 a~ 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.
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RECORD OF PROCEEDINGS
1 00 Leaves
11l~ >, c. c, "~EC~EL ". s. ~ 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 lot. 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 carne 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 inappropriate 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 limitations 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 the 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 if 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.
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o~.." C, c. ><O(CKEL B. B. ft 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 Uand 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 w~nted to state his displeasure
with the need for the fence and was bqcking 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.
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~R"", C,'. "~[CK~~ 6. a. II l. CO.
RECORD OF PROCEEDINGS
100 Leaves
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 hedid.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 pointed 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 sU'jgested that Newbury contact t.he realitors in a letter,
or whatever, to advise them of thedownzoning in the Gateway of
Snowmass area.
The meeting was adjourned.
Respectfully submitted,
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C~d "-"-'-2:.:J 0, V\r\ (1..-
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airpers n ' ,
Scanned 9/19/07
File Finders Box
#11