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HomeMy WebLinkAboutpitkin.boa.03.18Martin Mata, 07:33 PM 12/30/03 ,Nesslein CDU variance From: "Martin Mata" <mata@sopris.net> To: "Joanna Schaffner" <joannas@ci.aspen.co.us> Subject: Nesslein CDU variance Date: Tue, 30 Dec 2003 19:33:55 -0700 X-Mailer: Microsoft Outlook, Build 10.0.2627 Importance: Normal X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2800.1165 X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean Joanna, Please withdraw our application for a board of adjustment hearing for 151 Herron Hollow. Thanks! Martin Mata Mata Design Company 10 Park Avenue, Suite 100 Basalt, CO 81621 970 927 1092 tel 970 927 1093 fax Printed for Joanna Schaffner <joannas@co.pitkin.co.us> AGENDA PITKIN COUNTY BOARD OF ADNSTMENT January 6, 2004 5:3o P.M. Third Floor City Hall HAPPY NEW YEAR! CASELOAD: 2003-18 Nesslein, David Lot 6, Block 2, Pitkin Green Subdivision Aka 0151 Herron Hollow Requesting a 20 foot Reaz Yazd Setback variance where 30 feet is required for the construction of a detached Cazetaker Dwelling Unit on this 55,852 square foot lot in the R-30 zone district. MINUTES: Please be prepazed to comment/approve minutes from the November 4th meeting. PLEASE CONTACT JOANNA AT 920-5105 TO CONFIRM YOUR ATTENDANCE PUBLIC NOTICE RE: REQUEST FOR SETBACK VARIANCE AT LOT 6, BLOCK 2, PITKIN GREEN NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, 7anuary 6, 2004, to begin at 5:30pm, or as soon thereafter as the conduct of business allows, on the third floor of Aspen City Hall, 130 South Galena Street, Aspen, before the Pitkin County Boazd of Adjustment, to consider an application submitted by David Nesslein, requesting a 20 foot reaz yard setback variance where 30 feet is required for the construction of detached cazetaker dwelling unit on this 55,852 squaze foot lot in the R-30 Zone District. The property is located at 0151 Herron Hollow, and is also known as Lot 6, Block 2, Pitkin Green Subdivision. For further information contact Joanna Schaffner at the Pitkin Community Development Department, (970) 920-5105. Pitkin County Board of Adjustment Published in The Aspen Times on December 27, 2003 Pitkin County Account No. 002.02 Members Present: Members Absent: StaffPresent: MINUTES Meeting of the Pitkin County Board of Adjustment November 4, 2003 Mike Cooper Rick Head, Co-Chair Bob Throm Deanna Olsen Jim Rifkin, Co-Chair Taber Sweet, Altemate Pat McAlllister. Alternate Joanna Schaffner, Zoning OfTicer and acting secretary Head opened the meeting at 5:31pm. Case # 2003-16. Raises, Doug Lot 6, Block 1, Filing 2, Brush Creek Subdivision Planner, Glen Horn, azchitect, Roger Kerr, and applicant Doug Raines, were present to request a 10 foot and an 8 foot front yard setback variances where 30 feet is required for the construction of a single family residence and detached cazetaker dwelling unit respectively. They aze also requesting a 15 foot front yazd setback variance for a retaining wall ]inking the driveway to the CDU, a 27 foot front yazd setback variance for a retaining wall on the east side of the property, and a 15 foot side yazd setback variance for a retaining wall on the east side of the driveway, where 20 feet is the side yazd setback for this 2.33 acre pazcel in the AFR-10 zone district. Hom submitted a copy of the affidavit of posting, the recorded site plan, and photos of the subject parcel. The pazcel received 1041 and ridgeiine approval. The pazcel is comprised entirely of slopes in excess of 30%. The County approved a building envelope closer to the road to minimize the impact to the steep slopes on the property. He explained that previous owners constructed a driveway that Raines intends to use. Head asked why the BOCC couldn't approve setback variances when they approve envelopes within setbacks. Schaffner stated that the BOCC doesn't have the authority to approve development within setbacks. Neighbor, Bob Kreuger was present to object to the application. He stated that the "driveway" was constructed about 15 years ago and was only intended to give access to equipment performing pert tests. He objected to the height and size of the proposed structure. Schaffner explained how height was calculated, stated that the house is not requesting a height variance and will therefore be allowed the same 28 foot height limit as any other residence in Brush Creek and the rest of the County. Throm asked where Krueger's property was located. Krueger responded that he is across the street and up-valley from the subject site. Throm asked if his objection was only architectural, and stated that those issues are not the purview of this Boazd. Krueger stated that this was the only meeting for which he received a notice. Hom stated that a sign had been posted on the property for the 1041 review and that the list of adjacent property owners came from the County's GIS department. (It was later revealed that Krueger was not an adjacent property owner and therefore is not required to be notified.) Head emphasized that this meeting had been correctly notified and so it was not an issue. Head and Olsen asked questions about the heights of some of the retaining walls. Krueger mentioned that when the road is plowed the snow is dumped on the downhill side of the road. Horn responded that the retaining wall on the uphill side of the driveway is 15 feet to the lot line and that the lot line is another 15 feet to the road. Throm moved to approve the request due to topographic hardships Cooper stated that he is the Chair of the Brush Creek Metro District and is on the Architectural Control Committee, and asked if anyone thought that he had a conflict, in which case he wouldn't vote. Krueger stated that the proposed house is within the view of Cooper's house. Cooper agreed that he will be negatively impacted by this house, but that Brush Creek does not protect view planes, so he wasn't able to object. There were no other objections from the public. Olsen seconded the motion and it passed 4-0. 2003- Nesslein, David Lot 6, Block 2, Pitkin Green Subdivision The applicant has requested that the BOA table this application until the December 2, 2003 meeting. Minutes: Head moved to approve the minutes from the October meeting. Throm seconded the motion and all four members voted to approve. There being no further business, the meeting was adjourned at 6:00 pm. r***r*~x-**r~**~*~**x***-*r*-**s**ss-***r*-sss****+***t*****~*s*rs**:**• Respectfully submitted, ~, 7oanna Schaffner, - Date (Acting Secretary ~.v-~,uauuiau 508 Lake Court, Basal}, CO 81621 T970 927-1092 f927-1093 a~s~al5wewea~nef• TRANSMITTAL Monday, November 03, 2003 Joanna Schaffner Pitkin County Planning (fax 920 5439) Bard of Adjustment Variance Request 151 Herron Hollow Aspen, CO Joanna, Enclosed for your records is the posting affidavit Please continue our present setback variance application to the next board of adjustment meeting. We are investigating an alternate location for the CDU that would not require a variance. Thanks, ~Il.~'~+~-. Martin Mata DATE l ~ 3O ' O 3 PITIQN COUNTY BOARD OF ADJUSTMENT Application Form REPRESENTATIVE VV `!N ~ ~ 1 v ~-~ PHONE \ Z- ~" ' ~ ~`'( ~L- E-MAIL M ~~ ~ S ~ P ~ i S• ~e '~ FAX ~ Z~. (~ °( 3 MAILING ADDRESS I~ Q~ ~ /-'cU2.J~u'L s'~-e- ~ ~t$1' ~~l-~' rj((o2. OWNER 1/0.0 (~ N `e5S ~ e. ~^ PHONE ~ 2 ~ ' (o°l ~2- MAILING ADDRESS G o ~ tic, S t v~ C~~ an ~ ~ W' ~L /~.1 ~e.~ (c32~ LEGAL DESCRIPTION ~.o'C (D ~ ~~yL'~I-,^Z Qi~~~ (nhee~ ~.~c~zJY,y.~ ~$ 6~ SUBJECT PARCEL ADDRESS ©~ S ~ Y~ f 1't~n ~p ((uu./ PARCEL ID # Z ~' ~ ' O ~ ~ ' U 3 ' 00 ~ ZONE DISTRICT ~' 3 ~ LOT SIZE S~,Qv$2c~NsS 52, `~1q^CIv r~~c ~ ' SIGNATURE V yl ~ ""`~-~ (T'o be completed by the Zoning Deparhnent) CASE# p2OO3' Application filed ~-f' ~ o, ZCJo3 Date of Meeting Nav ~/~ 2 ~ 0 3 Notices Mailed (7c. t 9', ZO o 3 Refer to HG~j' Zoning Official ~ ~ Secretary ~ .,,: .~. :, -w: .: . ._~ 10 Park Avenue, Suite 100. Basalt, CO 81621 1970-927-1092 f927-1093 mafa@sopris.nef Tuesday, September 30, 2003 Pitkin County Board Of Adjustment Caretaker Dwelling Unit 0151 Herron Hollow Aspen, CO Parcel I.D. # 2735-014-03-001 Members of the board, In October of 2002 Mr. Nesslein (property owner and applicant) applied for and in August of 2003 received approval for a Caretaker Dwelling Unit (CDU) through the county special review process. In July of 2002 the Pitkin County Commissioners decided to apply the 1041 review requirements to all board approved subdivisions. Prior to this decision this property was exempt from the 1041 requirements and Mr. Nesslein could have placed the CDU anywhere on this property. As a result of the commissioner's decision, and as stated in the CDU Special Review Approval, all building/ development activity is now prohibited on areas with greater than a 15% slope. The planning department has determined that the CDU structure can not be located on the slope as indicated in the special review application because there are other slopes available on the property. In order to comply with the conditions of the CDU Special Review Approval, the CDU structure needs to move "down the hill" and into the rear setback. There is no other practical location for this structure since the majority of the site contains slopes greater than 15%. The only other flat area is the front yard of the existing main residence. The front yard contains the driveway and all of the underground utilities serving the property as well as a large sewer main serving the homes on Red Mountain. Our request in this application is fora 20ft variance from the rear yard setback requirement. We propose to provide a 10 ft. setback where 30 ft. are required. This variance is similar to one that was granted in September of 2002 for expansion of the main house. The property is located at the end of a 'canyon' and is completely surrounded by mature trees that are 40 to 60 feet in height as well as tall, thick groundcover. The existing home is 40 to 50 feet lower than the surrounding structures and virtually invisible to most of the neighbors. The only neighbor with somewhat of a view of the Nesslein residence is to the Northwest of the property on Herron Hollow Drive and would not be impacted by the work described in this variance request. Thank you for your consideration. Sincerely, Martin Mata, Architect Monday, August 05, 2002 Joanna Schafner Pitkin County Zoning Officer Residence Addition 0151 Herron Hollow Aspen, CO Parcel I.D.# 2735-014-03-001 Joanna, By means of this letter I authorize Martin Mata of Mata Design Company to represent my interests in the following land use application: --Pitkin County Board of Adjustment variance request Thank u, David Nesslein z r- Z O p d d W V ~ '~- N `~ V ~- / ~_ n~ L.~ O' 4 NY~3 s-' p U' ~ o ~O v 1 Q ~'`~ N ~ 1 m O O 01~-- M O J -- r.. _ fY1 ~ .~i cU t!) U W ~- ? 4 S O N J a oa a 0 F' 1 Z Q v a z o`~0~~~ p ~ Q .G wW ~, Z '4 wI a 0 4 O U Z Z `° i o ~ r a ~ O 0 O> ,~ ~ J~ m O QyQ~ Qw~~ (j -~ Win +'_' Z "o rn [r O ~ z ~. W u1 r a fly ~ a ~ o a io z ~- r- z 4 ~ ~ ~ z ~ w og ~~ a r D W m 11111111111111111~1111IIIIIII!1111111 IIIII 111111 08815/2003 03:36P SILVIR DlSV15 PITKIN COUNTY CO R 0.00 D 0.00 ADMINISTFATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE NESSLEIN DETACHED CARETAKER DWELLING UNIT Determination No. ~JII-2003 RECITALS 1. David Nesslein ("Applicant") has applied to the Community Development Director of Pitkin County, Colorado, for approval of a Detached Caretaker Dwelling Unit. 2. The Applicalu's parcel contains 13 acres and is in the R-30 zone district. 3. Said parcel is located at 0151 Herron Hollow, and is more specifically described as Lot 6, Block 2, Pitkin Green Subdivision. 4. The Applicant proposes to deed restrict the proposed caretaker dwelling unit pursuant to Section 3-150.130(A)(4) of the Land Use Code. 5. The Director finds that the Nesslein Detached Caretaker Dwelling Unit complies with applicable standards of the Land Use Code Sections 3-150-130 and 3-210 and Ilan recommended approval of the request based upon compliance with these sections. THE DIRECTOR DOES HEREBY APPROVE the Nesslein Detached Caretaker Dwelling Unit subject to the following conditions: 1. The caretaker dwelling unit shall be limited to 700 net livable square feet and the kitchen shall contain a minimum of a two burner stove with oven, standard sink, and at least a 6 cubic foot refrigerator plus freezer. A minimum of one off-street parking space shall be provided for the unit. ' 2. Prior to submission of any building permits for the caretaker unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restrction. 3. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office shat] inspect the unit. 4. The Applicant shall adhere to al] material representations made in the application. 5. The roof covering of the CDU shall be anon-combustible Roof Covering on a Class A Roof Assembly (wood shake/shingle roof coverings are prohibited). 6. Development on slopes greater than 15% is prohibited. IIIV~IIIIIIIIIIIIIIIIIII IIIIIIIIII III VIII IIIIIIIi6 08/00083003:36P APPROVED: u Date ~~ ~ 1(C~ Cin ouben Community Development Director P001-03 273501403001 .ADAMS DEBORAH BATES NATHANIEL B & MARY A CAHN HARRIS A & ELAINE M PO BOX 10511 376 DRAW DR PO BOX 9909 PO BOX 4060 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 ERICKSON RANCH LOT OWNERS ASSOC PO BOX 2019 0381 DRAW DR ASPEN, CO 81612 MUSSER ROBERT W 8 MARCIE J 557 N MILL ST STE 201 ASPEN, CO 81611-1513 WELLES MATTHEW G PO BOX 10511 ASPEN, CO 81612 LAPWING HOLDINGS LTD C/0 SPENCER F SCHIFFER PC P O BOX 3318 ASPEN, CO 81612 PITKIN GREEN WATER ASSOC PO BOX 10179 ASPEN, CO 81612 ~•3v•o2 a ~y f5 t t~crru~ ~ol<<-".- MUSSER MARGARET K TRUST C/O THOMAS D WRIGHT 90 S 7TH ST #5300 MINNEAPOLIS, MN 55402 SHARIATZADEH ALI N- 1920 SUNSET RIDGE GLENVIEW.IL 60025 oc~AtJ'S 1 a6„ :' ~ } .. 3i ' a'^ % au e': a 5 i C g. a d;' Yet q c a a h ~ - 981 dY d' ~ g'y'. d E ~. - ~ Y :ir j ~~.=a ., db ~ °Y; ~8adt d a a ~$~p 8{3n}~ Y E p BN6~ F-_. 4 „ 9 ry .g~ as ~~~~" Y Nb ~ ba FY pa; ~ a"y a a9 °" ff~'s •d ne~~a ~ ^' ~°~ eY. ~~ :s .fed ~.J~' i= Rc' ~° R[ ~ h' ~37 ~ ae 5~ o d: bb byg £1 ®8 ~^ dbe 3. 9:..' ~ =k btr ^z3 .° ~:2 : g . p. :a s' a v? 98 g:s$ ~ p:. e° '~~e ba 5#,= s g„ Y. °s- = am ~' _Ch~ b a ~. 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PUBLIC NOTICE RE: REQUEST FOR SETBACK VARIANCE AT LOT 6, BLOCK 2, PITKIN GREEN NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 4, 2003, to begin at 5:30pm, or as soon thereafter as the conduct of business allows, on the third floor of Aspen City Hall, 130 South Galena Street, Aspen, before the Pitkin County Boazd of Adjustment, to consider an application submitted by David Nesslein, requesting a 20 foot reaz yard setback variance where 30 feet is required for the construction of detached caretaker dwelling unit on this 55,852 squaze foot lot in the R-30 Zone District. The property is located at 0151 Herron Hollow, and is also known as Lot 6, Block 2, Pitkin Green Subdivision. For further information contact Joanna Schaffrier at the Pitkin Community Development Department, (970) 920-5105. Pitkin County Board of Adjustment Published in The Aspen Times on October 25, 2003 Pitkin County Account No. 002.02 AGENDA PITICIN COUNTY BOARD OF ADNSTMENT November 4, 2003 5:30 P.M. Third Floor City Hall CASELOAD: 2003-16 Raines, Doug Lot 6, Block 1, Filing 2, Brush Creek Village Subdivision Requesting a 10 foot and an 8 foot front yazd setback variances where 30 feet is required for the construction of a single family residence and detached cazetaker dwelling unit respectively, a 15 foot front yazd setback variance for a retaining wall linking the driveway to the CDU, a 27 foot front yazd setback variance for a retaining wall on the east side of the property and a 15 foot side yard setback variance where 20 feet is required for a retaining wall on the east side of the driveway. 2003-18 Nesslein, David Lot 6, Block 2, Pitkin Green Subdivision Aka 0151 Herron Hollow Requesfing a 20 foot Reaz Yazd Setback variance where 30 feet is required for the construction of a detached Caretaker Dwelling Unit on this 55,852 squaze foot lot in the R-30 zone district. MINUTES: Please be prepazed to commenUapprove minutes from the October 7th meeting. PLEASE CONTACT JOANNA AT 920-5105 TO CONFIItM YOUR ATTENDANCE COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 Pitkin County Land Use: ~1 qq 172 Boazd of Adjustment ~OC~)' ~~ 159 County Land Use Code 173 Deposit 174 Flat Fee 162 Zoning and Sign 169 Public Notice 160 Planning Enforcement Referral Fees: RB115 Access Permit 210 Airport LUCO1 County Clerk 211 County Engineer 194 Environmental I-Iealth 208 Historic 198 Housing 190 Land Management 209 Redstone HPC 206 Wildlife Officer Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 151 Aspen Sanitation 152 AVF'D Fire Marshal Other Fees: 155 Use Tax 165 Copy Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu IS GIS Requirements 61202 Road Impact Fee B1203 School Impact Fee TOTAL ~~~' O ~ ADDRESS/PROJECT CHECK# CASE/PE R IMIT#: # OF COPIES: - ` DATE: l U~ INITIAL: