HomeMy WebLinkAboutpitkin.boa.84.31
Paul Krausch moved that the following be adopted:
BEFORE THE BOARD OF ADJUSTMENT
OF THE COUNTY OF PITKIN
STATE OF COLORADO
RESOLUTION NO.
84-31
James M. Ferguson, Lots 11 & 12, Block 4, Chair Mountain Ranch SiD
WHEREAS, the subject property is within the unincorporated area of Pitkin
County, Colorado; and,
~1EREAS, the Board of Adjustment is vested with the ~ower to qrant 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) (Cl; and,
WHEREAS, based on the evidence presented, the Board of Adjustment makes the
following findings:
1. Proper notice procedures, includinq the notification of all adjorninq
property owners, has been shown by the applicant.
7. The required hardship or practical difficulty has been established.
3. Grahtin0 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
a 20' front yard setback variance and a 15' sideyard (north) setback variance
for construction of residence.
Additional conditions or restrictions:
WAlli~ING: Any violation of the terms of this resolution may result in rehearing
and possible revocation.
Dottie Fox seconded the adoption of the foregoing Resolution. The roll
havin9 been called, the vote was as follows:
Bill Mason - yes
Dottie Fox - yes
Bill Lukes - yes
Paul Krausch - yes
Evan Gull - yes
The Resolution was adopted by vote of the Board of Adjustment of the County
of Pitkin, State of Colorado.
DATED.
Augus t 28, 1984
The Board of Adjustment of Pitkin
County, Colorado
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Attest:
BOARD OF ADJUSTMENT
DATE IfUU;ttr /7
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CASE# 8'-\- ,,,\
22995 f.!wy /'3'3
ADDRESS C/t/fl}~NO-9L/!.. <:'0/..6 ~/'2J
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ADDRESS C/7/fu/llOffL~ C<'Lo 9/62 J
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APPLICANT -sAmGS /11 FE/{?CI )1111/
OWNER -:J!1h?/Z.S m FE/??U IO/r/
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LOCATION OF PROPERTY
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Any pertinent data must accompany this application, and will be made part of
this Case No.
The Boara may return this application if it does not contain all the facts
in question,. ,Applicant's description of proposed variance showing
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provisions of th~\~oning resolution requiring the Building Inspector to
forward this application to the Board of Adjustment and reason for not
granting a buiding permit:
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Board decision
Date Permit rejected:
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RECORD OF PROCEEDINGS
100 Leaves
. '. c.~. HOECKEl B_ e. " l. co.
PITKIN COUNTY
BOARD OF ADJUSTMENT
AUGUST 28, 1984
Members Present:
Bill Mason, Chairman
Bill Lukes
Dottie Fox
Paul Krausch
Alternates:
Peter Dobrovo1ny
Evan Gull
Kandi Shaffran
Bob Throm
Bill Mason called the meeting to order. Mason questioned if there were any
questions or corrections to make to minutes from the last meeting. He suggested
that a motion be made regarding the Knudson application. There were no
comments from the public regarding the sign posted. Bob Throm moved to
approve the minutes as written and noted that no protest was heard regarding
Mr. Knudson and therefore the variance was granted. Krausch second the
motion. A vote was taken and all were in favor.
Janet Monte 84-30
2129 Snowmass Creek Road, requesting a 20' sideyard setback variance for
construction of a pole barn. Monte was returning to the Board this month
after making sure the notification sign had been properly posted on her
month. She was originally on the July 31, 1984, agenda. Monte explained
that her property had an odd shape and the variance was necessary to place
the shed in a location visible from her house and to keep the horses
away from the swampy area of her property. She explained that the barn
needed to be on the North side. She pointed out the leach field, where
the property was very rocky, and the irrigated portion of the property.
She also explained that the back of the barn needed to face North for
the horses protection and she wanted to keep the front of the shed toward
her house to keep them visible.
There were no objections from the neighbors. The proposed shed is three-sided
and 12' x 24' (high enough for the horses). It was determined that she needed
a 20' front yard setback variance based on where the access is taken on the
property. The Board members discussed what the reason could be for granting
the variance. They all agreed that the use was reasonable. Lukes felt that
the buildings would be properly clustered on, the property as proposed by Monte.
Gull felt that there were no hardships involved and the setbacks should be
adhered to has set forth by the County Land Code. Monte reiterated the need
for having the back of the shed toward the north and the importance that she
be able to keep an eye on her horses during storms and such. Lukes questioned
if she would be willing to move the shed as close to the leach field as possible.
She stated that she would.
Krausch felt that the Board had no legal grounds to grant the variance. Shaffran
felt it was a reasonable use of the land but was unable to come up with legal
grounds also. Lukes felt that the Board could make spot decisions in cases
the BOCC could not have taken into consideration when the zoning was first
detcrmined. Throm moved to grant the variance based on the irregular shape of
the lot and its north facing attributes. Lukes proposed an amendment that
the variance be granted up to 20' and that the stable be located as close to
.
RECORD OF PROCEEDINGS
100 Leaves
.', c r HotL~H" ~ & l. LO.
Augus t 28, 1984
Board of Adjustment
Page 2
the leach field as is practical. Monte agreed. Fox second the motion with
the amendment. A vote was called for and all were in favor.
Mason questioned if the remaining applicants had p~oper1y posted the
notification sign. All had.
James M. Ferguson 84-31
Lots 11 & 12, Block 4, Chair Mountain Ranch Subdivision, requesting a
20' front yard setback variance and a IS' sideyard (north) setback variance
for construction of residence. James Ferguson was there to represent self.
He explained that Lot 12 had a slight rise where he proposed to place
the structure which would be screened by a row of trees. Mason questioned
what the original setbacks were when the subdivision was originally subdivided.
Ferguson felt that it had been less than what was required now.
Ferguson had no plans to sell Lot 11. Krausch questioned why he did not
want to place the structure more in the center of the two lots. Mason felt
that in the future there may be a chance to sell the lot. Ferguson stated
that Lot 11 was basically all evergreen trees and produced too much shade
for any potential solar benefits. Ferguson stated that the property was
not dead flat.
Krausch moved to provide the variance as requested due to downzoning. Mason
added that Ferguson stay within the original setbacks as set forth in the
original subdivision. Gull questioned if another variance for the Highway
133 setback would be necessary. Mason felt that if they specified that
Ferguson stay within the original covenance it would cover the Highway 133
setback. Krausch amended his motion to read that the variance be for
any setback as they may exist. Fox second the motion. A vote was called
for and all were in favor.
Park Meadows Condo 84-32
21873 W. Highway 82, requesting a variance to place a sign on the property.
Richard Davis was there to represent the Condominium Association. He explained
that they would be replacing the existing sign with this new, appealing
sign. Mason questioned if the sign conformed to the Pitkin County Land Use
Code sign ordinance. Colette Penne was there from the Planning Department
and pointed out that sign was too large. Gull felt that the Board member's
role was to look at sign requests once they conform with the code requirements
and personally did not want to review a sign variance when the area of the
sign was oversized. Mason agreed.
Davis read from the code the information he used when determining the sign
size allowed. Colette Penne pointed out the difference he has proposed and
what is allowed. Fox questioned the proposed lighting and felt it was more
than the new sign code allowed. Mason suggested that Davis talk with Patsy
Newbury of the Building Department and also suggested that the Board table
this issue until such time he has brought his sign into conformance. Mason
and Fox reminded Davis to place a notification sign nine days prior to
the l1ext meeting he plans to attend visible to the general public.
Fox mnved to table the issue until a later date. Lukes second the motion.
All in favor.
Meeting was adjourned.
Respectfully submitted
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