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PARCEL 115:12737-173-07-025 DATE RCVD: 7/21/2003 #COPIES:r-- CASE NOf2OCI3 12
CASE NAME:lpeter Kelley Major Road and Side Yard Setback Variance PLNR:IJoanna Schaffner
PROJ ADDR:142553 E Hwy 82 CASE TYP:IMajOrR~ad and Side Yard Setb~~k STEPS:I
OWN/APP'1 F'et~r Kelley
REP::IKevln Macleod
FEES DUE:l$375/150
REFERRALS I HOA
ADRi c/o Aspen Brokers Ud
ADR:IBox 818
CISIZ: Aspen, CO 81611
C/SIZ: Basalt, CO 81621
PHN:1925-6750
PHN:j927-9030
FEES RCVD:j$375 #15441//$150 #15380
REF:I
BV)J Schaffner
DUE:l
MTG DATE
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REV BODY PH
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NOTICED
18/14/03
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M~ct ~ "tol4sD MCbtacl. f.o l.ep IO/~d O:!>
DATE OF FINAL ACTION: I
9/2/2003
REMARKS I BOA reso to clerk 10/9/03
DATE CLOSED: I
BY: I
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RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING MAJOR ROAD AND SIDE YARD SETBACK VARIANCES
FOR PETER KELLEY
Resolution No. 2003-12
WHEREAS, Peter Kelley owner of 42553 East Highway 82, is requesting a 100 foot Major
Road setback variance for the reconstruction of a berm, a 50 foot Major Road setback
variance for the construction of a duplex, and a 10 foot side yard setback variance for the
construction of an 8 foot high fence: and
WHEREAS, 100 feet is required from the E. Highway 82 right-of-way. and 10 feet is the
required side yard setback for this17,163 square foot lot in the R- 1 5-A zone district; and
'WHEREAS, the parcel is described as Lot 1 1, Mountain Valley Subdivision; and
WHEREAS, the Board of Adjustment is vested with the power to b'Tant or deny such
variances by virtue of Title 11, Section 7-10.30, 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 demonstrated.
2. The required hardship or practical difficulty has been established.
3. Granting 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 by the Board of Adjustment, that a 100 foot
Major Road setback variance be granted for the berm, a 50 foot Major Road setback be
granted for the duplex, and a 10 foot side yard setback variance be granted for the fence, as
shown on Exhibits A-B due to downzoning and topographic hardships.
WARNING: Any violation of the terms of this resolution may result in rehearing and
possible revocation.
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin,
State of Colorado.
10 -Go-03
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KELLEY TOWNHOMES
25676 east highway 82
aspen, colorado 81611
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MINUTES
September 2, 2003
Meeting of the
Pitkin County Board of Adjustment
Members Present:
Rick Head
Jim Rifkin, Chair
Mike Cooper
Bob Throm
Deanna Olsen
Taber Sweet, Alternate
Members Absent:
Patrick McAllister, Alternate
Staff:
Joanna Schaffuer, Zoning Officer and acting secretary
Rifkin opened the meeting at 5:07 pm.
Case 2003-11 Colver, Phillip
855 Mountain Laurel Drive
Lot 93, Mountain Valley Subdivision
Mr. Colver was present to request a 10 foot front yard setback variance where 30 feet is
required on this 30,002 square foot lot in the R-15-A zone district for the construction of
a residential garage. He submitted the Affidavit of Posting and several photos of the site.
Mr. Richard Haberman, President of the Mountain Valley Homeowner's Association was
present and stated that the Association had no objection to the request.
Mr. Colver stated that the subdivision road was not constructed as platted in 1969. When
he bought the lot in 1971, the road was unfinished and they never did what was on the
original plat. Technically, the land belongs to the County, however, he has been
maintaining the "road" as a private driveway for the last thirty plus years. The County
said they will vacate the road.
Cooper asked if when the County vacated the road, would a variance still be necessary?
Colver stated no. Colver stated that according to the county engineer, Bud Eylar, the
owership of the land would go back to the Homeowners Association. Cooper suggested
that perhaps the vacation of the road doesn't really make a difference. Since there is no
opposition from surrounding homeowners, and since he knows the area and believes there
would be no negative impact to the public he was inclined to approve the request.
Cooper then moved to approve the request due to topographic hardships. Throm
seconded the motion and it passed 5-0 with Sweet not voting.
000005
2003-7 Kelley, Peter
42553 East Highway 82
Lot 11, Mountain Valley Subdivision
Architect, Kevin McLeod and Peter Kelley were present to represent Mr. Kelley in his
request for a 100 foot Major Road setback variance where 100 feet is required from the
East Highway 82 right-of-way for the re-construction of an existing berm that will exceed
30 inches in height, a 50 foot Major Road setback variance for the construction of a
duplex, and a 10 foot side yard setback variance where 10 feet is required for the
construction of an 8 foot high fence. This site contains 17,163 square feet and is zoned
R-15-A.
Schaffuer presented the requests to the Board. McLeod presented the Affidavit of
Posting.
Rifkin asked Schaffuer if there was any opposition to the request. Sehaffuer stated that
she had not heard from the Homeowners Association, and that one neighbor above and
behind the Kelley lot was concerned from a visual perspective but did not tile a formal
complaint.
Haberman was present and stated that the HOA has no problems with the requests. He
believes that the concerns of the neighbors can be worked out, one neighbor was
concerned about the height of the structure.
McLeod stated that the 100 foot setback takes all of the building space away from the lot.
He indicated the 100 foot setback on the site plan. He stated that they were staying away
from slopes on the back side of the lot.
Variances are necessary to rework the existing berm and to continue an existing 8 foot
fence along the lot line. Kelley stated that a previous variance was granted for the
existing fence to screen headlights from the highway. Throm stated that he remembered
that case.
McLeod stated that neither one of the adjacent property owners have objected.
Rifkin asked about the height issue. McLeod stated that the proposed duplex is within
the county height limit. The neighbor, Ms Cooney, requested a berm behind the house,
but McLeod stated that a berm on the slope would not be effective. McLeod stated that
there will be landscaping but did not have a copy of the plan with him. Haberman has
already seen the plan. Native vegetation will be maintained and spruce and aspens will
be added. Haberman believes this will allay the neighbor's fears. The applicant a),,'Teed to
work with the HOA. McLeod stated that the ridge will be about four feet above the road.
Throm moved to approve the three variance requests due to downzoning and topographic
hardships. Cooper seconded the motion and it passed 5-0 with Sweet not voting.
000006
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2003-8 Vanderpol, Jeff
103/105 Lupine Drive
Lot 32, Mountain Valley Subdivision
Architect, Kevin McLeod was present to represent Vanderpol in his request for a 30 foot
front yard setback variance where 30 feet is required on this 17,500 square foot lot in the
R -15-A zone district, for the construction of a new driveway and related improvements
that will exceed six feet (6 ') in height. McLeod submitted the Affidavit of Posting.
Schaffner explained how the 30 inch rule was changed by the BOCC last September to
allow a six foot grade change for driveways. She commented that she has not heard from
the Homeowner's Association, although Mr. Haberman is still present, and she has not
received any objections from any of the neighbors.
McLeod showed a site plan indicating fifteen and thirty percent slopes. The building
envelope allowed by setbacks allows for development on slopes in excess of 30%. The
existing parking is located off of the property. A new 10% driveway constructed to reach
the building envelope will require a significant cut.
Haberman said that the Association had no objection. McLeod stated that the County
Engineer, Bud Eylar was pleased that the existing conditions were to be removed (ie,
parking on the road) and that he favored the two access drives.
Head moved to approve the request based on topographic hardships. Olsen seconded the
motion and it passed 5-0 with Sweet not voting.
2003-14
Two Mile Ranch, LLC - This application was withdrawn by applieant
2003-15 Feldman, Gary
4076 Lower River Road
Mr. Feldman was present to request a 30 foot front yard setback variance where 30 feet is
required on this 21,380 square foot parcel in the AFR-l 0 zone district for the eonstruction
of a single-family residence and garage.
Schaffner presented the case to the Board. The existing carport located within the Rio
Grande right-of-way will be removed. The driveway will be realii,'lled, and a new garage
is proposed. Steep slopes to the river limit the building envelope for the garage to the top
of the slope near the north lot line. The proposed garage will be constructed on stilts to
avoid development on the slopes. The existing residence lies within the setback and will
be demolished. A new larger home will be constructed in its place and needs a variance
to increase the amount of encroachment within the setback. She stated that approval for
an Administrative 1041 Hazard Review was granted.
A letter from Mike Hermes, of the Roaring Fork Railroad Holding Authority (RFRHA),
stated that RFRHA had no objections to the request. Feldman is in the permitting process
with RFRHA now.
n.fl0007
There have been no objections from any neighbors. Neighbors Tom and Cindy Hanson
were present to learn more about what was planned for the site. They stated that they had
no objection to the request.
Rifkin asked about the Affidavit of Posting. Feldman stated that his arehitect had it and
that he was not yet present.
Head moved to approve the request due to top06'Taphic hardship subject to receiving the
Affidavit of Posting. Throm seconded the motion and it passed 5-0 with Sweet not
voting.
2003-7 Raines, Doug
Lot 6, Filing 1, Brush Creek Subdivision
This application has been tabled until next month.
2003-7 Chesley, Paul and Anderson, Alexander
43351 East Highway 82
Attorney, Tom Smith and architect, Dillon Johns were present to represent the owners in
their request for a 50 foot Major Road setback variance where 100 feet is required from
the Highway 82 right-of-way for the construction of a single-family residence on this
12.27 acre parcel in the AFR- 1 0 zone district.
Rifkin stated that he understood there were many people present opposed to the request.
He stated that the applicant would first present their case, then the public would be heard.
Schaffuer outlined the case. Although the lot is 12 acres in size, the building envelope
approved in the 1041 Hazard Approval is limited by wildlife, steep slopes and debris flow
hazards. Calls were received from people who were not neighbors but who recreate
along Highway 82 and who stated that it seemed like a big house for a tight, little spot.
Smith and Johns presented many photos of the site as well as of existing developments
within the East Highway 82 100 foot setback. They illustrated the boundaries of the
building envelope, the location of the various 1041 hazards, and where the 100 foot and
50 foot setbacks bisect the parcel. Johns indicated that this is the only place on the entire
parcel that can be developed.
Smith explained that there are at least three approvals on this parcel. A 1041 was
approved in 2000, another 1041 was approved in May 2003 which superceded the first
approval, and a Scenic Overlay approval was also granted. Visual impact issues were
addressed in the Scenic Review, and FAR was addressed in both 1041 approvals because
they specifically recognize the ability to build 5,750 square feet on this site. Smith stated
that it is not for the Board of Adjustment to concern themselves with visual concerns or
FAR issues. Both issues were already addressed by the County.
Smith stated that a top06'Taphic hardship exists because this envelope is surrounded on
three sides by slopes where the County prohibits development. The proposed house size
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is allowed by the zoning and contirmed by the 1041 approvals. Any concerns regarding
these issues should have been presented during the other reviews. Photos of other
development within the East Highway 82 100 foot setback were reviewed. Smith stated
that with regard to setbacks and FAR, the request is not out of character with what is
going on in the neighborhood.
Rifkin asked if any Board members had questions. Cooper asked Smith ifhe were
involved in any of the prior approvals. Smith stated that he was not. Cooper asked how
many posted, public hearings were held. It was figured that at least three posted, public
hearings were held before this meeting.
Rifkin now turned to members of the public that were present to object to the variance
request.
Attorney, Lance Cote, representing adjacent property owner, Alan Potamkin was first to
object. Cote stated that if the house were redesi.[,'1led, the variance could be less intrusive
into the 100 foot setback. Throm stated that they are not an Architectural Design
committee. Head stated that Cote's point is not germane to the hardship. Cote argued for
a balance between the hardship vs. the need for the variance. A redesigned house
wouldn't need a 50 foot setback, but maybe just a 30 foot setback. Throm stressed again
that they do not review design issues. Cote then stated that as requested, the applicant
has not shown an adequate topographic need for the variance.
Head asked what would the significance be in moving the structure back another 30 feet?
Cote responded that the hardship to the public would be reduced. Throm asked what was
the hardship to the Public? Cote responded that the Northstar Nature Preserve and trail
were across the street. Throm responded that those do not impact this lot. Cote stated
that the purpose of the setback is for the public benefit off the highway, and ifyotl reduce
the encroachment into the setback, you reduce the impact on the public. Throm stated
that he did not agree with Cote's point.
Cooper asked if Cote was present or ifhis client had representation at any of the other
public meetings. Cote stated that he was not and that he did not know about other
representation.
Attorney, Jennifer Causing, was present representing the Preserve Homeowner's
Association. Cooper asked if the HOA were conterminous with the subject property.
Causing stated yes. Throm asked ifshe had a plat showing the location of the HOA
lands. She did not have a plat but stated that the HOA land was right across the street
from the subject property. Throm stated that he wanted to see it on a map to see how it
relates to the subject property, and if Causings did not have a plat there was nothing to
discuss. Rifkin did not agree and suggested Throm use his imagination.
Causing raised safety issues with the proposed development, stating that the location of
the house is on a curve. She stated that Section 3-50-020 B of the Land Use Code
pertaining to Road setbacks states that "in order to provide essential sight distances along
arterial highways, major roads, and collector streets for vehicular traffic and pedestrians
entering and leaving such rights-of-way, uses other than structures, (including off-street
000009
parking, signs, and lights) shall meet the following minimum setbacks: Major roads: 50
feet". Our position is that this is a safety concern.
There is no topof,'1'aphical necessity to allow the house a 50 foot setback. If the house
were located further back on the lot, it would provide a more visual allowance for traffic
coming into Highway 82.
Head stated that these arguments are not germane to this meeting, that the applicant is
requesting a setback variance from the highway, and that the BOA routinely approves
these requests.
Cooper asked Causing if she was present at the three previously posted meetings, and she
responded that she was not. Cooper asked if the HOA had sent anybody to any of the
three previously posted meetings. Causing did not know.
Diane Stouffer was also present to oppose the request. Ms Stouffer lives
"up the highway" from the subject site, and stated that she is opposed because of the
visual scenic corridor and the proposed master plan which is not yet adopted. She doesn't
believe the site was previously posted. Someone? disaf,'1'eed, stating that he himself
posted the sign. Rifkin again stated that they are considering a topob'1'aphic hardship, and
that the BOA does not have the authority to determine whether or not the other meetings
were correctly posted. The BOA can only determine whether or not there is a solid basis
to f,'1'ant or deny a topof,'1'aphic variance. Stouffer then stated that she did not understand
what is the hardship. The owner bought the property knowing it would be difficult to
develop. The BOA has granted variances to house after house because of unnecessary
and uncalled for hardships.
Cooper asked ifshe or herrepresentative was present at any of the three previously
posted meetings. She asked why that question was relevant. Head stated that then was
the appropriate time to address her concerns. Cooper added that over a long period of
time, the property was posted for the public to attend. He stated that the County puts
these lots through "an exhausting level of scrutiny. We are the last people in the food
chain only dealing with a very small matter. The esthetic matters all came prior to us"
Stouffer reiterated that she didn't believe that the property had been previously posted.
she saw the sign and came to voice her objection. Throm offered that Ms Stouffer had
another place to oppose the request, but it wasn't "in this room". Smith suggested that if
she had concerns about the posting, she could bring them to the attention of the Planning
Department, but they approved it and they always check on the notice.
Maureen McCloskey was also present to oppose the request. Ms McCloskey lives about
three miles up the road. She stated that the applicant knew what the building envelope
was when they bought the lot. This is not a hardship. What if the next thing they want is
a 15,000 square foot house? Moving the house forward will allow them more room to
build a bigger house. Throm stated that that is a supplication which has no bearing here.
McCloskey offered that the East Aspen master plan has a major goal to maintain a rural
quality of the neighborhood, and to reduce the visual impact of houses. If you can't
000010
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require landscaping, the only thing you can do is to maintain the setback from the road.
And to follow our master plan. Otherwise, what's the point of the plan? If anybody who
wants to change it can change it, or it should be changed to a 50 foot setback for
everybody and then they wouldn't have to be here. There is no consistency in the rules.
The applicant has not shown any hardship.
Richard Haberman was present and stated that he is one lot removed from the subject
parcel. He asked if the lot was posted for this meeting. Schaffuer stated yes. He
questioned the hardships of other residences located within the 100 foot setback.
Haberman stated that there is now a corridor of buildings along the highway as you leave
town heading east. He believes there is enough room within this envelope that a variance
would not be needed. Head stated that they are not here to cite the house.
Bob Lewis was also present. He stated that there are already so many exceptions to what
the applicant is asking for, and that there are houses a lot closer to the highway thay it
doesn't seem to make any difference. He drives into Aspen sometimes twice a day. and
he wouldn't object to seeing a house there.
Rifkin asked the Board ifthey had any comments.
Olsen suggested to the architect that they could still build 5,750 square feet on the site
and not have the encroachment that they do; perhaps if the corridor to the rear were
shortened for example. lt could easily be done. She agreed that they are not an
Architectural Review committee, but asked, do we have a right to allow more variance
than somebody actually needs?
Smith responded that not a single application comes before the BOA that couldn't be
redesigned. This building envelope was approved by the County for 1041 Hazards and
Scenic Overlay. Olsen said that that was what she didn't understand.
Head moved to approve the request based on topographic hardships. Throm seconded the
motion and it passed 5-0 with Sweet not voting.
Schaffuer stated that appeals to this determination may be made to the Board of County
Commissioners.
Minutes:
Head moved to approve the minutes from the July 8 and August 5 meetings. Olsen
seconded the motion and it passed 5-0 with Sweet not voting.
Head moved to adjourn the meeting. There being no further business before the Board,
the meeting was adjourned.
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000011
Respectfully Submitted,
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Date
000012
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Acting Secretary
Approved as submitted
Approved with no change(s)
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Chairman
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PITKIN COUNTY
BOARD OF ADJUSTMENT
Application Form
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SIGNATURE
CASE # c.:)l;Ci - I d-"
Requesting:
'Front Yard Setback Variance, where
'Rear Yard Setback Variance, where
, is required.
, is required.
'_ Side Yard Setback Variance, where _' is required.
'_ Side Yard Setback Variance, where _' is required.
'Height Variance, where _' is allowed
Comments:
Application filed
Refer to H'0 f\
Date of Meeting
Notices Mailed
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KELLEY TOWN HOMES
VARIANCE REQUEST DESCRIPTION
The owner of the property located at 42553 Highway 82, further
described as Lot 11, Block 1, Mountain Valley Subdivision requests
a variance for the front yard setback, currently set at 1 00', to be
reduced to 30'.
Due to the size of the property, a 100' front yard setback will
virtually eliminate the portion of property which can be built upon,
reducing it to approximately 50' by 90' with one third of that area
consumed in slopes in excess of 15%.
The existing structure currently benefits from a 30' front yard set
back. While the proposed structure will actually reside 51'+ from
Highway 82, much further than the existing structure currently does,
a 30' front yard setback is standard for all properties not bordering
Highway 82. This portion of Highway 82, however, is a narmw two-
lane road with a 35 mph speed limit and not a large four-lane
highway at 65 mph. Based upon Aspen G.I.S. the adjacent
structures vary in their distance from the highway from
approximately 45' to 50'. Therefore, it is believed that a 3D' front
yard set back is sufficient and more appropriate for this pal1icular
property.
In addition, the existing structure suffers from improper waller flow
onto the site which periodically floods the front yard. The pror osed
design will allow for better water flow to existing drainage.
The owner requests to extend the existing 8' tall, 42' long fence an
additional 70' to allow more privacy for the neighbor and block car
head lamps from shining into their windows.
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KELLEY TOWNHOMES
ADJACENT PROPERTY OWNERS
Simon P. Kelly
0018 E. Lupine Drive
Aspen, CO 81611
Raymond J. Koenig
P.O. Box 284
New London, CT 06320
Gerhard and Elsbeth Mayritsch
45 E. Lupine Drive
Aspen, CO 81611
Betty S. Gerstley
42575 E. Hwy 82
Aspen, CO 81611
Linda S. Chaney
P.O. Box 2359
Glenwood Springs, CO 81602
000022
.
000023
.
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VICINITY MAP
KELLEY TOWNHOMES
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Directions: Heading East on Highway 82 I Main street in Aspen,
pass through town and follow for approximately 1 mile toward
Independence Pass. It is the second property on the left just past
Mountain Valley Drive.
Sign posted in front yard of property with clear view from both
directions of Highway 82.
000024
.
.
PROJECT DATA
KELLEY TOWN HOMES
42553 Highway 82
Aspen, Colorado 81611
Owner: Peter Kelley
The Aspen Brokers Ltd.
720 East Durant Avenue
Aspen, Colorado 81611
ZONING
Legal Description: Lot 11, Block 1, Mountain Valley
Zone: R15A
Allowed FAR.: 4,462.0 S.F.
Setbacks: 10' Side and Back, 100' Front
Height Limit: 28'-0" to Midpoint
FLOOR AREA CALCULATIONS
Existing structure: 2,412 I S.F.
Site area: 17,163.8S.F.
Allowed FAR. = (17,163.8 x 20%) = 3,432.76 S.F.
Add'l Duplex FAR. = (3,432.76 x 30%) = 1,029.83
Total Allowed FAR. = 4,462.6 S.F.
(Exempt Garage FAR. = 500 S.F. per unit)
Total Proposed F,A.R. for New Duplex = 4,439.2 S.F.
Total Garage FAR. = 1,000 S.F.
MAC LEOD
DESIGNS, Lro.
PO. Boy S1B
208 Midiond A_",
B'lSOlH:. ~O 81621
p, 'J70 927 9050
E 970 927 902~
E, mdl@",pris,net
.
.
July 18, 2003
Pitkin county community Development
130 South Galena Street
Aspen, Colorado 81811
To Whom It May Concem:
't'2.SS""3
As the owner of the property located at 2!Bl'l5 Highway 82, further
described as Lot 11, Block 1, Mountain Valley Subdivision I do
authorize Kevin W. Macleod, and Macleod Designs, Ltd. to
represent my interests in the matter oHlle front yard setback
variance_
000025
G7-21-G3 11:34 TO:COLDWELL BANKER ASPEN
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County of Pitkin
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State of Colorado
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AFFlDA \1T OF NOTICE BY POSTING
OF A VARIANCE HEARING BEFORE
THE PlTKIN COUNTY BOARD OF AD.lUSTl\1ENT
The undersigned, being fIrst duly Sworn, deposes and says as follows:
I. I~'//,V q~C-!..6""'P
, beillg Or representillg an Applicant
before the Pitkill County Board of Adjustment, personally certify that the attached photograph
fairly and accurately represents the sign posted as Notice of the variance hearing on tllls matter ill a
conspicuous place on the subject property (as it could be seen from the nearest public way) and that
the said sign was posted and visible continuously from the /7'r-""" day of -.L{UL.
,200],
to the 2J/ 'l day of >,I;,t:J1": , 20~ (Must be posted for at least nine (9) full days
/ /
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Applicant's Signature
(Attach photograph here)
BRING THIS FORM TO
THE MEETING
000026
Subscribed and sworn to before me this ---D~
day of ;j, '1 ;)-1 ,200by /0t'.v! 11 1Cr:l..k'["c1
W1TNESS MY HAND AND OFF1C1AL SEAL.
My Commission expires:
My Commission Expires
07/11/2005
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~--Notiiry Pub11C:'s Signature
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PUBLIC NOTICE
RE: Variances from the Major Road (East Highway 82), and Side Yard Sctbac'ks
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 2,
2003, to bcgin at 5:00pm, or as soon thereafter as the conduct of business allows, in the
Commissioner's Meeting Room in the Courthouse, 506 East Main Street, Aspen, beforc the
Pitkin County Board of Adjustment, to consider an application submitted Peter Kelley,
requesting a 100 foot Major Road Setback variance where 100 feet is required from the East
Highway 82 right-of-way for the re-construction of a berm that exceeds 30 inches in height, a 50
foot Major Road setback variance for the construction of a duplex, and a 10 foot side yard
setback variance where 10 feet is required for the construction of an 8 foot high fence. This
parcel contains 17,163 square feet and is zoned R-15-A. The property is located at 42553 East
Highway 82 and is otherwise known as Lot 11, Mountain Valley Subdivision.
For further infonnation contact Joanna Schaffner at the Pitkin Community Development
Department, (970) 920-5 I 05.
Pitkin County Board of Adjustment
Published in The Aspen Times on August 23, 2003
-- ----------------------------------------- ------------ --------
----- ------ ------------- -------------------------- ------ -----
Pitkin County Account No. 002.02
000027
.
.
CASELOAD:
2003-07 Paul Chesley and Alexander Anderson
43351 East Highway 82
Requesting a 50 foot Major Road setback variance where 100 feet is required from the Highway 82 right-
of-way for the construction of a single family residence on this 12 acre parcel in the AFR-- 1 0 zone district.
AGENDA
PITKlN COUNTY BOARD OF ADJUS1MENT
September 2, 2003 5:00 P.M.
Pitkin County Courthouse
2003- I] Colver, C Phillip
855 Mountain Laurel Drive, aka Lot 93, Mountain Valley SubdivisioUl
Requesting a 10 foot Front Yard Setback variance where 30 feet is required on this 30,002 square foot
parcel in the R-15-A zone district for the construction ofaresidential garage.
2003-12 Kelley, Peter
42553 East Highway 82, aka Lot 11, Mountain Valley Subdivision
Requesting a 100 foot Major Road Setback variance where 100 feet is required from the East Highway 82
right-of-way, for the re-construction of an existing berm that will exceed 30 inches in height, a 50 foot
Major Road setback variance for the construction of duplex, and a 10 foot side yard setback variance where
10 feet is required for the construction of an 8 foot high fence. This site contains 17,163 square feet and is
zoned R-15-A.
2003-13 Vanderpol, Jeff
103/105 Lupine Drive, aka Lot 32, Mountain Valley
Requesting a 30 foot Front Yard Setback variance where 30 feet is required on this 17,500 square foot lot
in the R-15-A zone district, for the construction of a driveway and related improvements that will exceed
six feet (6') in height.
2003-14
Two Mile Ranch, LLC - Application withdrawn by applieant - varianee not required.
2003-15 Feldman, Gary
4076 Lower River Road
Requesting a 30 foot Front yard Setback variance where 30 feet is required on this 21,380 square foot
parcel in the AFR-l 0 zone district for the construction of a single-family residence and garage.
2003-]6 Raines, Doug
Lot 6, Filing], Brush Creek Subdivision
Requesting a 13 foot fTont yard setback variance where 30 feet is required for the construction of a single-
family residence and a detached caretaker dwelling unit (CDU), a 15 foot fTont yard setback variance for a
retaining wall linking the driveway to the CDU, a 30 foot front yard 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. The parcel contains 2.33 acres and is zoned AFR-] O.
MINUTES:
Please be prepared to comment/approve minutes from the July 8th and Aug 5'" meetings.
PLEASE CONTACT JOANNA AT 920-5105 TO CONFIRM YOUR ATTENDANCE
000028
C.MUNITY DE! _ ll'Mi:NT DEPAR~T~T
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