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HomeMy WebLinkAboutpitkin.boa.03.12 . . 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 F REV BODY PH 1 . I 1 r- I I NOTICED 18/14/03 1 I 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 000001 J3G ." "II I "III '" III I II ~~~~~ ~l SILVIA DAVIS PITKIN COUNTY CO :26~l R 0.00 D 0.00 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 , , The Board of A .~ Pi" unty CoJ~;~d~H v, \ ~( ~O:5 date DA TED: September 2, 2003 date 000002 l\J --J- ~ ~ ~ +-- J> 1111111111111111111111111111 111111111111111 ~~~;~ :,,," SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.. 00 ///\ d'P~O~ . "r~',-\ o ,.,0/ "--.._ ,\ } " 1:'1,0 --Ii!. _. &/ '_"\ 1\ .J..~.:?;- ",4;;/ .. '-._ - ~ - .,$/- . '~. ~'.-:::-'\" \ '., ,.:;.'t- '>/ ' --=-~,Y\ '~-I I' \-' .0 /" __ _;;;;, .._~"",- ,~''[;, 1~ .. 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I '" I L----.J~~ ,'~ 1:"-: l 000004 1111I11111 SILVIA DRVIS PITKIN COUNTY CO 11111111 II ~~~;,.'" R 0.00 D 0.00 '" > n ~ m ~ m < > ~ is z l " , ~ ~ , , ~ ~ ., ., ;; ~ ) ',r I ! ,; " o z -j m ~ m < > ~ is z KELLEY TOWNHOMES 25676 east highway 82 aspen, colorado 81611 li-l1ljl! '1/">1111..-,,._. ."I',"II'I' 1.1 j liil HI!l:ili I' I,------.JI", . I 'l,j,CO____ . . 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 . . 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 ooooas . . 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 . . 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. ************************************************************************ 000011 Respectfully Submitted, (O'G-Q> Date 000012 'J /~ Acting Secretary Approved as submitted Approved with no change(s) ;; Date Chairman . PITKIN COUNTY BOARD OF ADJUSTMENT Application Form .. DATE~ REPIlliSENTATIVE \<.e.~ltol M~~L...4)o PHONE tf'2.; r 'o~ E-MAlL M~@~o,~,c;..t-'&.T FAX~~ MAlLINGADDRESS r.D.e-OJ' ~'f> ,~.A"-\1,.T; Go. B/l.2.L OWNERJl!ie... \c'&LU"( PHONE ~2S. (.,1~C MAILING ADDRESS C/O ~..~..a P.l1I.llU;R~ &.:"0./ "?z,Q &. OCJ""N".Jnc.~PENI''''1 LEGAL DESCRIPTION ~&-oT \\, ~~, ,MTN. V~I./-E.V , ~\L.lN4+- S1TBJECTPARCELADDRESS~~ t1, ,..,.,,;;, ~~ PARCELlD# 2.1"J1:J1!>- O1-~2.S ZONEDISTRICT_"'-\~A LOT SIZE .J1J (, lil,>. 8' ".f'. 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 'l-i -07, r-- ,...\, '. , '.i.x..f-D h 1 xn....3..v:... ," 'i --'-"~ -- ,.-.t.. "-'''I 1-IU-C) Zoning Official ,6~ Secretary >'~,^^_~ 000013 4/l7i02G.\ComDcv FormsU'ilkin 1'1anning;\p'lkill\bORladmin\p'1_ boa\llpplic,doc MAC LEOr DESIGNS, LID. PU Ru;..: 818 ~:OH Mrdl:Hld Ave.. P.~,:>~It. cO 81611 P 97U 9:~7 903() F 97U 927 902';1 t. rJldlto<lsoprI",net . . 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. OOOOH 0;)0015 '.' (il' 'j! 'I', I.~-:::i':~_-" _ I i . .., ,,' "I' , " ,/ ; \ , \ \ , ''''''... ,. <' -, " \ , , \ . ;. - i " I I ;:.L, . I" '" I ..,;,' . , o o o o ~ en of) o~ 0-f? o 0<<- -.\0 ~0 ~."", ,;:!. ",<>! I<" I ~ ">' .0 1,<0 / ./', //\~ I ~// !lI9' foc:::5/ ~ ~~-; ~ C~ ' ,,~/ ' / . ./ I I \ \ \ \ I / \,~ ',~\ ,\ ,\\ \ ~- " '\ \ \ '\ '\ '\. \, ' \ ,\~"J- \ \ "~"\ \ $- \ \\ '~\ II OJ >~, "\ ,\~ ....' \~ '. \I",\~~ 'ilL- ~ ,,~ '~'" \ ',I)' +"" " . / / / // ~ ~/' / : r :..0 / ii;-l <n-" ./ 0-" / 21 /'./ '\ .:t, /.. .<,>Jl':';r O,()'-V /' \ ..- 7':; ~O / /{ . 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" \ tfl ~ 't> "' '<J' ~ '1Jom ,,"x m..,cn m"-i mmz ~rn(j) m...,cn oo~ roz mo o " < m ~ --I I I . \ \ I "6 ~o ~'o '+, < , \ \ , , \ II -. \- \ 1.\~-\. ,'_ , \~ (":(,c'- :a '. \'\-\\ _ ./~ __ '. \\';,= __ c , I \ \ ~ \ - \ ' / \ \ \ ---- \<.1\ '\ ..._--- ~ ~ \ \---- \~I \ ;., ~, :.-1\ \ \ ,a1.,"< --'" sa' a" , , .~ ---~ / / ~ ~~- f>>" " ~ /~ - 'S~~ '<$<tif;!:c~- s" / ~Ss~/ QO\!...?'" ..-~~.' ~~ . / --- \:J"v'" <f''':.-/ \ \ .... \ '. ~~ V~/ -- \.,~,~ ' \ ',\., , \ . : .' ~ \. - - .., I I \ ~ m -< Z " ~ ;u m m m 9,\'\ :"\ ,?,~,\cF\ ~-oO -:)1" ; ! \! t iii ::> 1'If!uluW '-<n. ~"'l - li' i ;(> ~ .- ;I ~ ~ ~ I ">1" !I." H~I": {1t'Hi Hi.nf "~p \~.s ...' .:.': '11 '.,;; ""l!!I t. '>1,' '>.~ '~"^C>, ,I.." ,_ ~, "'\, ~ .l ,,' >;: " ~[,.,,/:I', ." , O..;'~: "':-"~,"'~~, ".""'<:~'~"""~,,'>r. ,,~':<-u KELLEY TOWNHOMES aspen, colorado 81611 < 1i Z =i -< 3: :I> " . " ;0 o " o en m c en -I m " r- )> z . . o o o o ~ 00 '_~, , <::I <::I a a ...... UD ci ~ n :0; m r- m ); -i is z .,; ;:u o z -j m r- m ); -i is z ..~ - ." '., ! ,'--,--L I " ~ :~ "l . I,~ d . ~,~ ~,~ < \, ~.~ " . .t < , < < ~,i ~:~ ,I. ~o I,~ 11:;: '. ,~ , ~ ? ~ ~~ "-,<> , r ! h Q) [ CIl !,i ~ KELLEY TOWNHOMES ~ i! 1'1 '!oj I iD 'j: 0 llHljllPL . < W ll> ! 25676 east highway 82 H'~!:iJ{hi - c o' ~N , a ~ir K Ii: ~'< ...II. " . ~ aspen, colorado 81611 H~i ht lt~fa '" ' ~ . . . . :11 .1iJ ,,':11I: ~:,~~ . ~',. I '~o:~. '. 000020 . )J. ~~ . N \!Ji .. l- i ~a>> ...~ &~ .. ~ .....,.. !i "Z~ ;'i It' ~" '" It... U1 ;:~ f ' t. .~c.;~... t. " . ..",'<' ........1'1 .-:''':,.~~~, f/f ''\f 'j~ -~ ,. ;;;~'\ '~~~\~. ~.-.:,. \ .', :c. , . .~ .."-:"'1 '. '. A ,I; .J>::: ,', - ..... .; r:~if .: ~ t 8 "-"~"\ .' l" , . .. !f ~. "'.. (=:';<:~'i "-':.\; ., : i'l(~ ~ . .., .. ;,;l!I'_~_... \. i.,..... 4..:~ "1' . '~'..' .~~. :~. . J" ~,~~?~ " 'Jil__'J~~ 'v .~,.' J' . '~f.,~,'i::"-: /';iJ~ " ~, I ;,~~. '," ,> f" > ~a( , ,. j oooo~~; 2"'!'1',.;!; "iF' ~~~~ . 'l"~, . . 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 . . VICINITY MAP KELLEY TOWNHOMES q, If,\>.sr d- '.s ".fee., E L, I . ......opkrt);S" A.. Mascotta Ln (;J ,.e <> ,. ~ ~0 a or 3 ;g ~~ -"Y'61-? ~ $ "'c). Q\ Aspen G r0\l9 Ad ~\@ # #' ';}:-&!J WQStviaw Dr :00' r;JYo(!> Eastwood Dr 'ii', '.'~ 01 ~iOOm '900ft \ \J t. <; 1- >1'4", "I.... ~ '\ ~. ;l. -g ~ \. '" 'i ~ <;l. 'r~~. ";' '" .~*~ . '>.. <2 1;, .'\~ @ ~i,- ,,' 9-~ ... s, " '1~ .. 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 N~dSV H~XNV9 ~~~Ma~o~ 6T:vT 8e-T6-~B TBd FROM' pal 8~8vBZ6B~6=aI . t County of Pitkin } } 55. } State of Colorado . 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 / / ./l . C. /~ % ~./ ../ //~~~ 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 ~ / ,./ /' .,/ c' 'j. - ~--Notiiry Pub11C:'s Signature Ii /J 0/1 J j} <-(' >>{)ci! I- C{'J J- 1/:1 /3 t- . Address . . 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 ',( i I . ,i' -. I ' ~ ' 'II< Ii; .-.1 ) ~~, Pi 11< " ( '" nty Land Use: ! lll,lrd "I \II!I i ! 31S 1'1 [ '>\])il, , " 1)'1""01' I, 'i,III," i . , I , ': ,: I ~' ,iI Ii ' II ~! " il II!! \, 'j 1('1 III ~ " ! I Jil !~' {_ J 'jl II Referral Fees. [,ill [,-; !'iilili' I' \.'il",>" I {'i ( hrL J J I \ .~: ) : I ;'11'11 ;;11< )1 I- ,'ll'--; "~'I I , '.1 'I ,. i ~ ' I " I I' I. I. " " i , , " , I " !;II , , 'I li"1 T ";" Bnildiu!4 Fees: ',i! \1'11(' 1'_ i'i'li",!!, I '11: ~", I i ,I ~ I i, II' "1') 'I J.)I, :'>1 ,I I'!:! :i: 11'1 '1III'j\(' It''.'. \1 ii,'> ,lll"T,')I! .", f' dl! I ". j, j ': I J i J! I 'Ii )~. p! II) Ii : !\( L '-"rw ';'I)! .1 . \ -.! jl ')! '" II if i. t 111 If ~ \\ 'f. II'" \1.1:-,1..11 Other Fe<<~s' I' 'i\ ')! iliL,! 1'11!'JHh> ,d. T). Ii!, ,1111>11 l~ J f' I) j., :1" L !!j !,!I II 000029 I ,~, ". 11 ; , I I Jo 'j I ! [3 L I ~! :':(',1' ':'iJ, 11 Fr', 8)"(1.: -"I!I;" 111))"1 i TOTAL o~ ,'\l/, .], 1\['i I.: C,", I" J Ii PH,' '.i ('1111 h CA,<, I 'j'1<\II)'" /JAil'. "I q'li [,.;1; 1\1. .MlJNlTY DE Lr IJ ~'I,Nl DEPAJRleNT , '. '-'1 'i.' ",!'I': ;'.c!', Pi'l ,n ( )i1nty Land Use ISO ;;.,.j"! !ii i,"1 'lil!I,', "i) BuiMing' Fees: "II" ,) ;, I .,1, I ! j, I,',' , , I "Ii 1'1 1.1 ;1. ,i i'l "I',:, I I' ;'1, II j' ;;':11 ',(' i.':, [!'>' ')1'1) ~! i :r . Iii ( 'I I \,),1) \LII"',I! Other Fees: I. " I I I' , I, I I I I. I :I , , " q "il'!] 'I\!I; ';,_:'{tl I"~ "d '1["" !<< 000030 j.: "),', il:,"! ilji) .,: 1"-, TOTAL lS-dcV "II \ I ;1,'] 1,1[' J'I , ,',L Iii i'I\\11;'- "ii., r'lll. r:<!TI.-1l