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Home My WebLink Aboutpitkin.boa.85.18 f . Bob Throm moved that the following be adopted: BEFORE THE BOARD OF ADJUSTMENT OF THE COUNTY OF PITKIN STATE OF COLORADO RESOLUTION NO.85-18 Robert McAbery, Shield 0 Terrace WHEREAS, the subject property is within the unincorporated area of Pi tkin 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.~, Pitkin County code (Land Use Code) and Colorado Revised Statutes, 1973. 30--28-118(2) (Ci; 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 th~ 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 suhstantially 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 27' sideyard setback variance for construction of residence Additional conditions or restrictions: WARNING: Any violation of the terms of this resolution may result in rehearing and possihle revocation. Kandi Shaffran second the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Dottie Fox - yes .Toe Zanin - yes Kandt Shaffran - yes Paul Krausch - yes Bob Throm - yes The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: The Board of Adjustment of Pitkin County, Colorado Attest: Al./AO'.' ]~__ -S-;;rr:-e t a ,- y .,~~-~------- Chairman (~~: ~.~ :~:: 1 . BOARD OF ADJUSTMENT DATE ~/~ /S-r- I APPLICANT ~ L, E"" + 19 By- CASE# 85' IrS H." A1 ~ V<?'1 ADDRESS '1'o!o< 19 "S '7 ADDRESS OWNER ~,L)<n~ LOCATION OF PROPERTY di.J 0<:;' VOw hAs <) Any pertinent data must accompany this application, and will be made part c 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: 271 Sf) c: "'If/f.J s c f- b.4C ( VA~ Ili.o.J'-li.. f<, ., CaN l~<Q'1L -\ I ~.~ ",t h6"1C 4uJ",,,..... t ~ 01"'11'>1- 1- .ct4L hAh..JsJ,tf 16(2.. s'oL,"lrL hV'f'I.I<..<l-i,,,,.v . Applicant Signatuc~~ 1"1 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: . J;( ,~ j {" I t', C "'.'" ~?, (ct, (( / /).~ 0~ /t I"~ <'L " d'..,./., '" </~'h ./L I- I'<'-~I;;""" .'A. L ~",""l/,u'j,,-, .J,,_ ,,;'z,/;y..';r ."""~"(' 'L-t.~V ~ . '-1"" / "--- / /' Date Permit rejected: /} Building Inspector~~l'~~'~~"1 d d . . .I Boar ec~s~on ' Application filed Date Mailed Secretary Board of Adjustment C'v...,-"#,,..., '..1 \ I ".... <.lAW - . .. . - .-- - 9 . __ II - - ... 13 _ r;:::1I'/A/-P &-:-- I1-f~ .4/ \ J Z 3 2.-. u/",r- /fAcd,J :;1- ~ ' tVI", , ~ 7 L. ? ~ II- -::r- ~/II ,k./ /V .s B" 'f- z-:s z-- <f f9r 'fj-' {,('Z- b j$or i2 I!f rf?fi J- t fi/ .s!/ ",,(,rPd Y IS-tO / tJ/?ICc:.b ~..e y"vf v"l."-' (l <#'-,. ~~t'''' 'i' f't7.f/' ;I;, pc-I {JJ j,; fe- r cD G&/-$ '/? f , . II oL&- irJ/ II, ;Ii:! cJd 1 / f'~ 7/!!- ~"! jU6o(l- Bel- 2..ZJp ~ . ~f'P'. ~(o fit, (2 t~/l (..I'.,.... 3 \.p" t ...._1 oJ .~ - . . ~ / S \ " ' c:.a.. e: j: 100 I"" I ~ ""I"'''v./ ,- , ~~ - o l.JJ. SW Co,/" S<zc..IS, T.qS.,O R..86W. G.tb P.M. 0 } .~ '8 . if', . "- .' -< " '. ',~......, " ... o~, .......... o ( ... ..... ~ efec.t.,...:c..:'t, easC2. "'t.e,'\.:t ... ~ "B't i w (J' .r( r- N . - - .J'-.Cok s : .- .:..d...::c..a....L,....s r~ "'e~..... ; ~ ECLs.-L::,"'-(G kou.se waJ( bea.......s .N 1,-/0 EO. Legal Description That part of the SW~ of Section 14, 'Township 9 South, cipal Meridian, described as follows: Beginning at a point on the Easterly line of property described in Book 234 at Page 334 of the Pitkin County records, from whence the SW Corner of Section 15, in said Township and Range, bears S 76037'16" W 6608.16 feet, more or less; thence S 01012' 00" E 168 feet, more or less, to an angle comer on the Easterly line of said prop- erty described in Book 234 at Page 334; thence S 45030'40" E 440.4 feet; thence N ,'027'29" E 483 feet; thence N 420W 330.4 feet; thence S 38028'19" W 309.52 feet, more or less, to the point of beginning. I . <ULe.SS ......se,ou,"-.t Range/8 West of the 6th Prin- COUNTY OF PITKIN STATE OF COLORADO . ,.:,.~ ...~~~. G'~"'\:;~;) , , (: . .' .#,\~r '"' ~ ",'. C'.I) ~ ", u.-<:t { I' (, )1 1J ~1 \' \(<1 .'" J'/.. /) S')Q' ~~~'{. (Ji' ;: '"'\.\;.';:<;'',''' J3u.L [cL~ ~Lh Su....'Y.ve i..1o\.. "3 ec..1 "T. q ~. E. ~ P.. \<'i" BY' LINES IN SPACE SYDNEY LINCICOME (L.S.14111) BOX 121 CAR80NMLE COLO. :30:3-963-3852 2.. u.~ "<=IRS SCALE:"'= 100' .. . 0').''''''''1 \.r 'J '......, .~ ~ BOARD OF ADJUSTMENT PITKIN COUNTY July 16, 1985 Members present: Dottie Fox, Acting Chairman Paul Krausch Joe Zanin Alternates: Kandi Shaffran Evan Gull Bob Throm Fox called the meeting to order in front of the Commissioner's Room. The meeting had to be adjourned to the Courts upstairs since the Pitkin County Planning & Zoning Commission was going into overtime. There were no minutes for the Board to review at this time. Fox questioned if anyone had comments before beginning with the agenda. Fox questioned Patsy Newbury. Zoning Official, if any further action had been taken with regard to the log structure at Boise Cascade along Highway H2. Newbury stated that she was having a problem with the situation because the owner received a letter from the Planning Dept. allowing the assembly in that location. She was presently in communication with Boise Cascade's attorpey and had a meeting scheduled with Tom Smith, County Attorney. Steven & Charlotte Pearson 85 In Lots 64 & 66, Crystal River Park SID, requesting a 17' front yard setback variance for construction of residence. Charlotte Pearson was there to represent self. Fox questioned if the lots had been downzoned. Newbury stated that originally they were not zoned. Access will be taken through Lot 64. Krausch questioned if the residence could be moved out of the front yard setback. Pearson wanted it placed such for the appearance of the resi- dence. Fox questioned what the topography was. The property goes up a steep embankment creating difficulties pushing the house further back. John Ostwald, an adjacent property owner, was there and verified that the property did become steep. He had no objections, stating that he would not see much of the house. If the house was pushed back, the applicant would probably need a rearyard setback. Gull felt that the zoning was improper for the size of the lot. Shaffran questioned using downzoning as a hardship when the property was bought after the zoning. Gull felt the zoning was improper and Krausch felt that it was counter-productive. Shaffran did not have objections hut wanted to make sure that downzoning was an appropriate hardship. Pearson explained that the variance would allow a deck at a future time. Krausch moved to grant the variance based upon downzoning and topography. Gull second the motion. A vote was taken and all were in favor. The representative for Dr. & Mrs. Magoon's variance request was late so Fox decided to go on to the next item. Robert McAhery 85 18 Shield 0 Terrace, requesting a 27' sideyard setback variance for construction of residence. Mr. McAbery was there to represent self. .He pointed out the location he proposed to place his residence would allow the best solar gain. He felt that the location he hod chosen was the best with regard to all the 1 J factors. His access was determined to show where his front yard is. Throm asked McAbery to describe the lot. McAbery pointed out where his property drops off in two locations and where gullies run through the property. Throm felt, from the de- scription just given, that the location chosen was the only possible location. Danny Abbott was there as an adjacent property owner and verified that the location chosen was the bes t. Shaffran questioned if a sign had been posted. McAbery was not aware that a notification sign was necessary. Throm requested a topographic map to show the Board that such a hardship existed and to post the necessary sign. Shaffran suggested that a decision be made subject to the posting of a sign and there are not complaints. She felt that Newbury was familiar with the site and the Board did not need a topo. Krausch questioned Newbury regarding the site. Newbury felt that the building site chosen was the only sensible spot and the best for solar orien- tation. Throm questioned if it was improper for the Board to request applicants to bring in topo maps. Newbury stated that it was not. Fox felt that if the Board was satisfied with Newbury's verifi- cation of the building site, the Board could act subject to the posting of the sign. Abbott expressed that he did not have any objections to the site chosen by McAbery. Throm moved to grant the variance request based on topographic hardships, subject to receiving complaints between now and the July 30, 1985, meeting, after the applicant posts his sign. Shaffran second the motion. .. Dr .~_Mrs-,---1i'!lt2on 85-17 Lot 73, Starwood SID, 0277 Danielson Drive, requesting a 80' front yard setback variance for construction of deck. Stan Mathis was there to represent the owner. He explained that when the house was originally built the setback was 75' for the front. Most of the existing house is within the setback. The new deck would extend and meet the edge of an existing deck along another side of the house. There were no objections from the adjacent property owners. The deck would not be covered and would be redwood. An addition to the living room would remove the existing deck. It has been approved by the Starwood Homeowners Association. Zanin moved to grant a 75' front yard setback variance, not to extend further than the existing deck, due to downzoning. Gull second the motion. A vote was taken and all were in favor. The meeting was adjourned. Respectfully sub~itted, I<Ld~"1-~' ~h ~~ , 2 Scanned 10/9/07 File Finders Box #11