HomeMy WebLinkAboutpitkin.boa.84.33
BOARD OF ADJUSTMENT
County of Pitkin
Date e/z.z. 19M
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Address
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Any pertinent
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this application, and will be made a part of this Cast
The Board may return this application if it does not contain all the facts in question.
Applicant's description of proposed variance showing justification:
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Provisions of the zoning resolution requiring the Building Inspector to forward this application
to the Board of Adjustment and reason for not granting a building permit: .,
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Date Permit r~ec d: Board decision (/I ,
Application filed
Date:
Mailed:
Secretary of the Board of Adjustment
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RECORD OF PROCEEDINGS
100 Leaves
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PITKIN COUNTY
BOARD OF ADJUS~MENT
SEPTEMBER 25, 1984
Members Present: Bill Mason, Chairman
Dottie Fox
Joe Zanin
Paul Krausch
Alternates:
Kandi Shaffran
Peter Dobrovo1ny
Bill Mason called the regular meeting to order. There were no minutes from
the last meeting to review at this time. Fox questioned if the Board was
going to have a chance to meet with the County Attorney, Tom Smith. Mason
stated that there would be a meeting but had not had an opportunity to
contact Smith so far.
Pitkin County Bus Maintenance Facility
20101 W. Highway 82, requesting a sign variance.
the meeting and have withdrawn their request.
84-33
They were not attending
Tony & Diane Rutgers 84-34
512 Spruce St., requesting a variance to exceed his F.A.R. in the amount
of 200 plus square feet. Tony Rutgers was there to represent self. He
explained that he had three lots in the Williams Addition and was allowed
to build a three-car garage. It was in an R-15 zone. His proposed location
for the garage would allow access from the new loop road being placed for
Centennial. This would also help to block the development from his view.
He explained that he would like to convert one of the stall into a shop/
storage area and have the rest for a two-car garage. Rutgers now exceeds
the F.A.R. as allowed by that zone, but feels that he is a victim of the
zoning. Patsy Newbury, Zoning Official, explained that he has a large
lot with less building mass then most in that area. Mason questioned if
the notification sign was posted. Rutgers stated that it was. Mason
then questioned the remaining applicants if they had posted their
notification signs. All had.
Krausch questioned what the F.A.R. was in the existing structure. Rutgers
felt the size was approximately 1650 on three lots. He explained that
the house had been built approximately 1890. The present zoning was
established in 1976. Rutgers stated that he could build a three-car garage
bec~use it is a three bedroom house, but was not allowed to call one stall
a shop because that would increase his F.A.R. Patsy Newbury explained to
the Board how the code specifies a garage and the size of garages. There
were no objections from the adjoining property owners. The existing shed
on the property would remain. Rutgers explained that he had the permit
and was building the three-car garage at this time.
Fox moved to grant the variance due to downzoning. Zanin second the
motion. A vote was called for and all were in favor. Rutgers assured
the Board that there was to be no plumbing or electrical.
George Norman 84-35
Lot No.7, Little Texas S/D, 3214 Woody Creek Road, requesting a 18'
sideyard setback variance for proposed addition to residence. Dick Fallin
was there to represent the owner. Fallin explained that the area is zoned
RECORD OF PROCEEDINGS
100 Leaves
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Page 2
Board of Adjustment
September 25, 1984
AF-l. The lot is approximately 75 x 25 off the Woody Creek Road and bordered
the river. Fallin stated that it was suggested to him that a 12' variance
be requested. He pointed out a change in elevation on the property. The
owner would eventually like to do a garage against the bank with a sod roof
to blend with the hillside.
Mason questioned if there were any covenants for the Little Texas Subdivision.
Newbury stated that the subdivision was done in 1952 and did not have any
specific setbacks. Krausch wanted more information regarding the owner's
plans. Fallin stated that the owner has proposed closing the existing front
porch, extending the living room, which would create the necessity for the
variance request. Also under consideration was to make the extension from
the back and convert the existing master bedroom into a living room and do
a new addition for the master bedroom. He explained that if coming from the
rear of the house they would not encroach more than 12' on the sideyard set-
back. Fox pointed out that regardless of which direction the addition went
a variance would be necessary. Mason stated that there were no objections
from the adjacent property owners.
Zanin pointed out that the proper wording for a variance would be an 18'
sideyard setback variance. He moved to grant the request due to the irregular
shape of the lot. Krausch second the motion. Don Rayburn had written to
the Board that he had no objections to the proposed addition. Fallin
questioned if the front yard setback could be given a variance at this time
also. Action could not be taken because proper notice had not been given
to the adjacent neighbors. A vote was called for and all were in favor.
Lawton Ferguson 84-36
0232 Picket Pin Lane, Old Snowmass, requesting a 47' front yard setback variance
for construction of a residence. Lawton Ferguson was there to represent
self. Ferguson explained to the Board members that the property was located
at the base of Gateway to Snowmass Mesa, in the meadows. He read a letter from
Holly and Bruce Benson stating that they had no objections to the proposed
structure. He explained that this structure was a permanent residence for
himself. He felt that the zoning requirements put undo hardship on a lot
of this shape and size. The location of the house makes use of the best
solar advantage. Due to the steepness of the lot on the south and a relatively
high ridge approximately 100 yards beyond the winter sun would be greatly
reduced if the house were pushed in a southerly direction. Also, the further
south the house is moved would increase the cut into the hillside, creating
a greater visual impact for the county roads below. If the house were
moved further east it would make ingress and egress extremely difficult in
the "inter and would involve greater visual impact from the County road below.
Ferguson also explained that positioning the house as proposed would remove
the house from the views of a neighboring duplex and fourp1ex. He pointed
out that he had a legal, deeded access from the road below. If he could not
get the variance he would be forced to access from below which would change
his front yard setbacks.
It was determined that a 40' sideyard setback variance and a 47' front yard
setback variance. Martha Ferguson pointed out that the parcel was zoned for
a 30 acre parcel and it was only an acre. It was determined that the leach
field was in place but the house was not under construction. The topography
climbs along the back of the property and becomes very steep. Shaffran
was in favor of preserving the land and not creating massive cuts for access
from below. Mason questioned the zoning in Gateway. Newbury stated that
originally it was all AF-2. Krausch moved to grant the variance request
based on solar constraints and downzoning. Fox suggested topography.
Mason was in favor of topography rather than the downzoning. Krausch
was in favor of all three reasons. Fox second the motion. A vote was
cnlled for and all were in favor.
.
l:lRAOFORD PUaUSHING CO., DENVJ:.R
RECORD OF PROCEEDINGS
Page 3
Board of Adjustment
September 25, 1984
The Inn at Aspen 84-37
21545 W. Highway 82, requesting a variance to extend the sign at the location.
The representative for the Inn at Aspen explained to the Board that they were
back before the Board because the brass plaques originally approved were not
easily seen by traffic without light. They were proposing to externally
illuminate the sign with the dimensions specified on the drawings submitted
to the Board. He stated that the two brass plaques would be taken down
and the newly proposed sign would be the primary method of identifying
the property. He stated that flood lamps (small) would be on either side
of the sign. Fox questioned if it was a reflective sign. It was not.
The representative assured the Board that no reflective surface would be
used, but would be a matt finish with a dull surface.with a rust color.
He stated that they would conform with all other sign along Highway 82.
Mason question Newbury if the sign conformed to code requirements. She
explained to the representative that the sign could only be 6 square feet.
He pointed out part of the sign code that stated 10 square feet were
allowed. She referred him to Section 5-500.2 for adjacent to the right-
of-way of Highway 82. This specified that the sign may have lettering on
two sides, each side of which may have lettering not to exceed 6 square feet
and the maximum height of 8 square feet... The representative stated that
they would adjust their square footage to conform along with their height.
Newbury verified that the 6 square feet is in the sign area itself.
The representative questioned the Snowmass Cottage signs and the fact that
they were internally 1uminated. Newbury explained to him that they had
recieved a variance for those signs and Fox explained that the code had been
changed since then. Krausch complimented the owner for the job done at
the Inn at Aspen.
Fox moved to grant the sign variance for a sign no larger than 6 sq. ft.
and no taller than 8 sq. ft. from the highway level , with the lighting
within the required foot candles. Shaffran suggested that the two
brass plaques be removed. The representative would like to leave those
in place for direction. Krausch suggested the plaques be allowed until
the owner had to return for the annual sign renewal and then reevaluate
the situation. The representative was willing to comply with any requirements
set forth by the Board. Fox amended her motion for the removal of the
two existing plaques. Krausch agreed with her amendment. The representative
did not feel that they could be used as an argument by future applicants,
and would prefer they be allowed and if they did become an issue, then be
required to take them down. Fox kept her motion as is. Shaffran second
the motion. A vote was called for and all were in favor. Fox requested a
clarification regarding the sign code.
Starwood Homeowners Association 84-38
Common Area, requesting a 65' front yard setback variance for a fire station.
Jim Flood was there to represent the Homeowners Association. He explained
that it would be a combination fire station and maintenance building. It
would be a three bay garage. He stated that it was voted on by the Association.
The fire truck would be from the Aspen Fire Department and would be available
to fires allover the district. He explained that the road would not be
changed. Newbury felt that there was a topography hardship with the lot.
Flood stated that the security guard would be in charge of looking after
the truck. He explained that the problem now was the 10% grade of the road
going to Starwood. This system would have the fire truck there and the
standard truck could go up the hill quicker and the response time would
be shortened from 10 minutes to 4 minutes. Shaffran questioned if it would
be lit up. Flood stated that it would not. The maintenance equipment
would also be stored in this structure, getting them off the main road.
There were no objections in the file. Zanin moved to grant the variance
request due to topographical hardship. Dobrovolny second the motion.
A vote was called for and all were in favor.
The meeting was adjourned.
Respectfully submitted,
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Scanned 10/8/07
File Finders Box
#11