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Home My WebLink Aboutpitkin.boa.85.10 Kandi Shaffran moved that the following be adopted: BEFORK THE BOARD OF ADJUSTMENT OF THK COUNTY OF PITKIN STATE OF COLORADO RKSOLUTION N0.85-10 Milton W. Griggs, Lot 7, Ridge of Red Mountain WHEREAS, the subject property is within the unincorporated area of Pitkin County, Colorado; and, WHEREAS, 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 adjoining 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 substan- tial 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 21' frontyard setback variance for addition of bedroom and garage Additional conditions or restrictions: WARNING: Any violation of the terms of this resolution roay result in rehearing and possible revocation. Bill Lukes second the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Bill Mason - yes Kandi Shaffran - yes Dottie Fox - yes Bill Lukes - yes Joe Zanin - yes The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: May 29, 1985 Attest: Sectary The Board of Adjustment of Pitkin County, Colorado /.~~~- - Chairma ". ~., • BOARD OF ADJC~.STh1ENT DATE Anri 1 79 1 g~,5 19 CASE# ~'~; ~U APPLIOANT ADDRESS 0(119 R;g Horn Lana OWNER ADDRESS~_„. $8~3~13, _ LOCATION OF PROPERTYlnt 7 u•.7 ..~ ~..a *~~••-•*~~p_B.?}21at T Prope~~y located at intersection of Bennett Bench Road and Any pertinent data must accompany this application, and will be made part o this Case No. i ~'he Board may return this application if it does not contain all the facts n question. Applicant's description of proposed variance showing justification: Applicant desires to construct a two car garage, additional bb5edroom and bathroom and storage room. Driveway access to Applicant's home is ofd Bennett Bench Road. Proposed garage would encroach on the 30 foot set-back prescribed by Pitkin County under R-30 zoning regulations. '. 'Applicant seeks a variance of 21 feet from the required 30 foot set-back citing the following justifications: 1) Topographical considerations: steepness of building site sloping to the north precludes construction in that direction. 2) Applicant needs a garage and there is no other place to locate it. 3) At present, as many as two or three vehicles are parked in the driveway. The vehicles themselves encroach on the 30 foot set-back and constitute a negative visual impact to the neighborhood, particularly to residents of Ridge of Red Mountain Re-plat II. I 4) The cul de sac located adjacent to subject property as shown on the plat of Ridge of Red Mountain Replat I, does not physically exist, mitigating any considerations as to the availability space. Applicant Signatu e T~ Provisions of the zoning resolution requiring the Building Inspector to forward this application to the Board of Adjustment and reason for not granting a buiding permit: ~ ~ ~ F~1,'„' (/// (/ t i' I ~, ~ '~' ; ~' i it ;.~p,,,1Y,~tre' Permit 7 Application Mailed ~_ i Building ejected: ~2~- ~~ Board decision -~ filed Date Secretary Board of Adjustment ~.ir.e ref. r~ a v ... \..L Inspecto 50B East Mein Straat Aspen, Colorado 81611 303/925-8973 • BUILDING PERMIT APPLICATION ASPEN•PITKIN gEG10NAL BUILDING DEPARTMENT Jurisdiction of Applicant to complete numbered spaces only. NO General Construction Permit 08393 ~Da ADDRESS - ~ 001 i ri r LEGgL 2. °ESGR' LOT NO. Lot 7 BLOCK TRACT OR SUBOI VISION (p SEE gTigCHLp 511EET) ~i OWNER MgIL q°DRE55 ZIP PHGNE s. Milton tid. Grimm s P.O. Box 3213 As en Co. CONTRACTOR MgIL gOORE55 PHONE LICENSE NO. 4. q RCHITECT OR DESIGNER MgIL ADDRESS PHt]NE LICENSE NO. 5' Davi ENGINEER MgIL gDORE55 PHONE LICENSE NO. 6. USE OF 6UILDING ~ P . 8 Class Df work: ^NEW ~b ADDITION ^ ALTERATION ^ REPAIR ^ MOVE rl WRECK g. Change of use from ~ Change of use to same PLgN CHECK FkF Pf RMIT FEE TOTgL FFE ~p Valuation of work: $ 45 000 - 0 000 Tvve ni COnslruaion Ocwaancv GlouP Lo[Area 11. REMARKS. see nr e~:mn,a Nn mslo,:e! Mar. occ. LOea T ITnlal sPna,e FL1 NO. OF BE DROOMS use zone Fire svrlnPlers Ree uvea EXISTING ADDED a Yes o Na No of Owellln 9 Units OFFSTREET PARKING $PAC E S: . cn~e~ea t,nco~erea Special Approvals REQUIRED AUTHORIZED BV DATE ZONING q PPLICATIl1N ACC EPTEO PLANS CHEC KEO gPPgOVEO FOR ISSUq NCE HEALTH DEPT BY BV BY SOIL REPORT PgRK DEDICATION GATE DATE OA iF WATER TAP NOTICE SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL PLUMBING ENG DEPT , , HEATING, VENTILATING OR AIR CONDITIONING. OrH ER IGPECIFn THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DA VS, OR IF CONSTRUC TION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANV TIME AFTER WORK IS COMMENCED. 1 HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER sPECIFIED HEREIN OR Nor THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANV OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PER- FORMANCE OF CONSTRUCTION. THIS FORM IS A PERMIT ONLY WHEN VALIDATED WORK STARTED WITHOUT PERMIT WILL BE DOUBLE FEE SIGNgT RE OF O qC TO q ~R'`C-`g~G,F NT IOgTEI $IGNA.TVRE VF GWNER (IF OWNC LOERIy' II~gTFI / I~ Sy/r /}rrr'.l VALIDATION PERMIT VALIDATION CK. ^ M.O. ^ CASH ^ PLAN CHECK VALIDATION CK. ^ M.O. ^ CASH ^ WHITE INSPECTOR'S COPY YELLOW-ASSESSOR'S COPY PINK-BUILDING DEPARTMENT FILE GOLD-CUSTOMER'S COPY ( ~~ • ` ,~< < ~ ~2 < <~ ~ S ~ ~ _,,/ 1 <<~ ~~2~ ~~~ ~ J j~1/ Q~~ '`~~ f~~ pr ~j ~7~>r~~~ L~~ ~l~lz t~,f ,, Q ~~ ~ s. ~~ ~~~ ~~~'7 ~~v~swc~nc~ U~'. ~ z~ ~2 ~~ ~ r~t~~' ~~p~ .:,,.. ~~ :: c, ,- i ~\ ~, ~ ~ ~~ ~ ~ ~~ r~~~~~ ~~ -` y ~~ ~~ y _. ,~ ~ ~ I ' ..._ ._ .r... ~1, I I -"' vj ~- - ,~ t; i o E L ' ~~~ ft~ ~. .. ~ { .. ... 4 i ~ j;.._ _ ~' _ .~._... ~ ~ 1 li l ~ ~_ _ _ i ~ i i 1 BOARD OF ADJUSTMBNT PITKIN COUNTY May 28, 1985 Members present: Bill Mason, Chairman Dottie Fox Bill Lukes Joe Zanin' Alternates: Kandi Shaffran Aill Mason called the regular meeting of the Board of Adjustments to order. There were no minutes to review from the last meeting. Mary Dayton 85-06 Lot C23, Ridge of Red Mountain, requesting relief from the present F.A.R. requirements. Bruce Kiernat, of Moore, Costello & Hart, was there to represent Mary Dayton. Mrs. Dayton was there and the contractor, David Muckenhirn. Mr. Kiernat had submitted previously a letter explaining the request that Dayton was making and showing the use of the present floor area. His argument for the relief was the fact that strict application of the R-30 FAR currently in force fails to take into account relevant practical and legal considerations. Such action imposes practical difficulties and undue hardship on the owner. The necessary amount over the FAR is 239 square feet, 131 square feet being within the interior of the existing house and 108 square feet being a 2.5 foot exterior addition over and under the existing adjacent deck. There were no objections from the neighbors or the Homeowners Association. This additional FAR would not change the perimeter or bulk of the structure.. A letter from Tom Smith, County Attorney, was submitted' to the Board members for their information and review. Smith, as per Colorado Law, disagreed with the argument that the owner should he allowed to rely on the zoning at the time of purchase of the properly Also he disagreed with the application of the provisions of Section 3-7 to the Ridge of Red Mountain Subdi- vision. Kiernat did not argue the statements made by Smith,. but felt the Board was available to relieve owners of hardships created by the zoning. Kiernat explained that the living area is 2-1/2 stories which would b'e enclosed and remodeled, accounting for the interior additional FAR. Mason was satisfied with the request since the footprint or the bulk of the structure would not be increased. Fox questioned what the justification of the Board would be if they decided to grant the request. She also questioned Mason what his reaction was to the memo from Smith. Mason discussed the memo with Smith and wasn't given much direction. He agree with Smith's opinion regarding the open space. Fox did not have a problem with the ° request because she felt that the FAR was too keep bulk down on lots, and Dayton did not intend to add anymore bulk. She questioned if that was sufficient justification for the Board to act on. Luke viewed the request as an addition of 6' on the two floors and therefore adding to the footprint of the structure. He was not comfortable because there was not a hardship involved and in his opinion it was going outside the footprint. Kiee-nat pointed out that the zoning changed the FAR one year after Dayton bought the house, and this request would be within the ot•iginal FAR. Lukes agreed with Smith's opinion regarding that matter. Mason questioned if the zoning change could be used as a hardship. Newbury verified that the zoning did change, but 1 ~'~ everyone's zoning changed. Shaffran did not have a problem with the request because it was interior work. Fox moved to approve the request based on downzoning. The total floor area was not to exceed 1916 sq.ft. Zanin second the motion. A vote was called for, four were in favor and one against (Lukes against). Milton W. Griggs 85-10 Lot 7, Ridge of Red Mountain, requesting a 21' frontyard setback variance for addition of garage and bedroom. Griggs was there to represent self. He pointed out his access from Bennett Bench road and the fact that the cul de sac shown on the plot plan does not exist, creating available space. Also, the land does have topographical considerations, i.e. steepness. The neighbor has a garage that is very close to the road. The garage proposed would take cars out of the 30' setback which is where they are presently parked. Shaffran moved to grant the request for a 21' frontyard setback variance due to topographical hardships. Lukes second the motion. A vote was called for and all were in favor. Frank & Alice Glatz 85-11 Lot 37, Holland Hill Subdivision, requesting a 75' frontyard setback variance for construction of residence. Glatz was there to represent self. He explained that a gas line ran along the back of property that had a 50' wide easement. They wished to move the structure forward to avoid that and they also wanted to set thc: structure at an angle to get southern exposure. Newbury verified that it was a major gas line that runs into Aspen. Lukes questioned if there were subdivision guidelines for the setbacks. Newbury stated that they went by the zoning require- mehts, unless they set the building envelopes. There were no covenants. Mason felt the gas line was a hardship. Zanin moved to grant the request for a 75' frontyard. setback due to topographical hard- ships. Lukes second the motion. A vote was taken and all were in favor. The Glatz's were advised that they should contact Monroe Summers, with the Holland Hills Architectural Committee to review the plans. Respectfully submitted, /~ /Ci_ ~N ~ ^L.~ Chairman Y 2 506 Eeat Main street BUILDING PERMIT APPLICATIr Aapsn, Colorado 8161'1 303/925-5973 ASPEN•PITKIN REGIONAL BUILDING DEPARTMENT Jurisdiction of Applicant to complete numbered spaces only. General Construction Permit No. ~... 3 ~ 3 J06 ADDRESS 1. ~ ~ - LEGgL LOT NO. BLOCK TRACT OR SUBDIVISION Ip SEE ATTACHEp SHEET) 2 DESCR. T J,Ot / ) \ _ OWNER MAIL ADDRESS ZIP PHONE s. :'iil~c,u rT. Grier=s i'.0. 3ox 3213 As en o /" - CONTRACTOR MAIL ADDRESS PHONE LICENSE NO. 4. q RCHITECT OR DESIGNER MgIL AOO RE55 PHONE L'CENSE NO. 5' L1' ,) ENGINEER MgIL gDDRE55 PHnNE LICENSE NO. 6. USE OF B V ILOING 7. g Class of work: ^NEW =6 ADDITION ^ ALTERATION ^ REPAIR ^ MOVE ^ WRECK g, Change of use from PLgN CHECK FEE PERMIT FEE TOTgL FEE Change of use tD S dLLLT Type of consV UCbon Occupancy Group Lo\Alea 1 O Valuation of work: $ . .. . 4~ ~~i0 - , . REMARKS : 11. s:em enlming No. orsmrle, Max.oa. LUap ITo\al seuare F~.I > NO. OF BEDROOMS Use none Fire spnn'.lers ReP mrea ~~ E%IBTING ADDED ^ ves o No Nn ! p llin U l[ OFFST REST PARKING SPACE S: we g n o s co~erea Unee~erea Special Approvals REQUIRED AUTHORIZED BV DATE ZONING gPPLICATION gCCEPTED PLANS CHECKED APPROV EO FOR ISSVgNCE HEALTH DEPT SOIL REPORT ev av ev PARK DEDICATION DATE GATE GATE WATER TAP NOTICE ENG DEPT. SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL PLUMBING , , HEATING, VENTILATING OR AIR CONDITIONING. OTHER ISPECIFVI THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DA VS, OR IF CONSTRUC- TION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANV TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION ANO KNOW THE SAME TO BE TRUE AND CORRECT ALL PROVISIONS OF LAWS ANO ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT THE GRANTING OF A PERMIT DOES NOT THIS FORM IS A PERMIT ONLY WHEN VALIDATED PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANV OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PER WORK STARTED WITHO UT PERMIT WILL BE DOUBLE FEE FORMANCE OF CONSTRUCTION. iy $IGNAT RE OF SONTRACTO.R~O AVTI+.ORIZEO AGFNT IOATE) :. I ~ -. /i SIGNATV RE OF OWNER nF nwNFRAUII n VALIDATION PERMIT VALIDATION CK. ^ M.O. ^ CASH ^ PLAN CHECK VALIDATION CK. ^ M.O. ^ CASH ^ WHITE INSPECTOR'S COPY YELLOW ASSESSOR'S COPY PINK-BUILDING DEPARTMENT FILE GOLD-CUSTOMER'S COPY Scanned 10/9/07 File Finders Box #11 LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER