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HomeMy WebLinkAboutpitkin.boa.84.29 ~ ~e,8-'d.793 .~, --- ;. \ . DATE July 12 .l9 ..ll.L- ~ 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: ~~::v~~~~p~~~ '-:-Tu 'Z'- . ;l . / . ' . L~~~'<'U""<<Z< (~l:::~Z)'l~ -</~r J-' .., P' BuHding In,pectnr'4 ?{.L(j Board decision ~ejected: aj~-/~, /91/ {/ / Date Permit Application filed Mailed Date Secretary Board of Adjustment , , '. I ,~~ 7/zo1~ 11-: lfo6b ' OOGCOI ,'--'''\ /----\ 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 \IU\....t.',J~ . ,.!itt:::%~~%:.2~~~;:0;{;.,;.;-:".r::i,:,)iL>Ji.;.";;...;o~~M:':<.,;:,:.:t,~~, L f. ,,.}:;,t.::t~,';c,_,,;,,~ ,'.'k", ~',--."'.."':&.",-,,,_,,,.. .r, .... ;1 f"Ii! '.1 ~ 6 lHI 1. 1'1 @1T1.=l ~ ~ i! K ~ 7:-'-:;:2 i~"l\rl/ri).O':;. ~'. (/l Z Z :\1 i;i~, !-, IJ' .~J.... 'J 'lJ' r'l III 1'1 nl J.. .' !,i 1.;'1 ~~ ;:~") "\ Itl ~!.I ~ ;j-i 0\ '~' ). ~ ~ .. : \J., . ,...1 I" ,.: :<'. 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'/'" " ;~ ;' ". ~'.. ; " :L.~::~~:. ;~~~"t~~d~~ ...... " . . AFFIDAVIT . I .. ~., .",. . 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 / . , 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::;~~~~ . . ... " '., \.', OOCC08 . .. 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. ~ ( , ASPEN GROVE SUbdiv'i$ion c. 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'! .\1 '. ~ . . 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. . . 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, " ',', '; "" '~ ") '\ \:c'k~~\C1,.., ",.'\-..... \ I .-. I:it.'//-?J-/{{.,.:!e'"r, , Chairman -- , -< . . . 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. II . . 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. " . . 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. . . 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. ., " . . ~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, ;\ .~"~ C~d "-"-'-2:.:J 0, V\r\ (1..- ~~ airpers n ' , Scanned 9/19/07 File Finders Box #11