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HomeMy WebLinkAboutpitkin.boa.03.05i ~' >:>DA't`~RCUD:^' 5/1/2003A-~.. -~" R&O Subdivision, Lott `:CAS~~ ~, ~ ~~~ ,~ John/Barbara Olson ,qi~t PO Box 10147 t • r Members Present: Members Absent: Staff Present: Case # 03-2005 MINUTES Meeting of the Pitkin County Board of Adjustment May 03, 2005 Rick Head, Co-Chair Mike Cooper Deanna Olsen Jim Rifkin, Co-Chair Bob Throm Joanna Schaffner, Zoning Officer and acting secretary Murray, Elizabeth Lot 4, Mountain Valley Subdivision 42705 East Highway 82 Land Use Planner, Glenn Horn, and owner, Ms. Murray, were present to request a 74 foot Major Road setback variance and a 4 foot Front Yard setback variance for the construction of a detached garage with a Cazetaker Dwelling Unit above. Murray submitted the Affidavit of Posting. There were no members of the public present to comment on this case. Schaffner confirmed that Hom submitted a letter from the Homeowner's Association to the Zoning Office, supporting the Murray variance. The letter, however, was not present at the meeting but will be added to the record. A letter of support from neighbor, John Elmore, was submitted at the meeting. Hom described the subject property. Cooper asked if this was the old Wykoffresidence and Horn said yes. Horn posted a survey of the pazcel and indicated the required 100 foot 'setback. Beyond the 100 foot setback aze very steep slopes. The gazage was located as far back from the property line as possible without it hitting the house. Horn stated that the Fire Marshall approves of the proposed driveway, hammerhead turn- around and development. Horn stated that the proposed location of the gazage is really the only place for the gazage. The hazdship is topographical. Cooper moved to approve the application as submitted due to topographical hardship. Olsen seconded the motion and it passed with a 3-0 vote. li' ,,~ 000041 ~ 1 ~ Administrative Review: John and Barbara Olson Lot 2, R & O Subdivision Schaffner reminded the Boazd of the Olson 2003 request fora 20 foot Collector Street setback variance for the construction of a barn at 1444 Lower River Road. A 20 foot setback variance was granted in resolution 2003-05, due to topographic constraints. Olson has submitted a Change Order to his building permit to allow for the addition of two more horse stalls and a covered paddock on the west side of the structure. Schaffner admitted that the proposed revision is generally greater than what might be considered for an administrative review, however, if the Boazd found that the barn could be expanded because the hazdship has not changed, then she would issue the Change Order. The proposed revision is contained within the approved building envelope. Cooper observed that the proposed revision does not encroach any closer to the property line than the previous approval. Olsen agreed. Head agreed that, despite the expansion of the bazn, the hazdship still stands. Schaffner asked the Boazd, if approvals are based on hazdship, do they still wish to review plans? The Boazd unanimously said yes. Head moved to approve the revised Olson barn. Olsen seconded the motion and it passed with a 3-0 vote. OTHER: Cooper moved to approve the minutes of the March 14, 2005 meeting. Olsen seconded the motion and it passed with a 3-0 vote. Head asked if there were any other administrative items. Cooper stated that the Boazd does not adjust Zoning, therefore they should not be referred to as the Zoning Board of Adjustment. He also stated that it was always helpful for him when Schaffner gives a brief summary before the Chair asks for the Applicant's comments. Olsen agreed that a summary from staff was helpful, especially if the Applicant doesn't have professional representation. Head thanked Cooper for his comments. There being no further business before the Board, the meeting was adjourned. ***sssss***s***:ss*s**s**:**~sss***ss**ass*ssss***s*sas*ss*********ss*sa Respectfully submitted, A ved: /~oanna S. haffn Dates Ricl ead, Date Zoning Officer Co-Chair ODUU02 ~~rtil~,~ RESOLUTION OF THE PITKIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING A COLLECTOR STREET SETBACK VARIANCE FOR JOHN AND BARBARA OLSON Resolution No. 2003-OS WHEREAS, John and Bazbaza Olson, owners of Lot 2, R&O Subdivision, aka 1444 Lower River Road, aze requesting a twenty foot (20') Collector Street Setback Variance where fifty feet (50') is N required from the Lower River Road right-of--way, for the construction of a bam; and HEREAS, the pazcel contains 29.88 acres and is located in the AFR-10 zone district; and Mm m ~ om~ I~ m m .~.NG m WHEREAS, the Boazd of Adjustment is vested with the power to grant or deny such variances by Y ~ a m virtue of Title II, Section 7-10.30, Pitkin County Code (Land Use Code) and Colorado Revised m Statutes, 1973, 30-28-118(2) (C); and, ~m ~. WHEREAS, based on the evidence presented, the Boazd of Adjustment makes the following findings: 1. Proper notice procedures, including the notification of all adjoining property owners, has been ~~ o ~~ z demonstrated. 0 2. The required hazdship or practical difficulty has been established. ~~ 3. Granting such relief will not cause substantial detriment to the public welfare and will not .~ a substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. a 0 NOW, THEREFORE, BE IT RESOLVED by the Boazd of Adjustment, that a twenty foot (20') ~~~ Collector Street Setback Variance be granted for the construction of a barn as depicted on Exhibit F ~~ and B, due to topographic constraints. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. The Resolution was adopted by vote of the Boazd of Adjustment of the County of Pitkin, State of Colorado. DATED: June 3, 2003 ATTEST: G -, ~~v 3 Joanna '. haffner, date County Zoning Officer 000003 The Boazd of Adjustment of Pitkin County, Colorado Rik ea , ~De S -~~ Chairperson ,i)Il(i(~ i ~° ((~ } ~ t t IF r xl ; E TM~ 1 4' ? ) :~•; 1=. • r r t t ~~ i'Y ~` Y Y i 4h } P 4!y i, f 1 f ~.:ly i _ y 'v, '~;t «J` Y {fly ; F ' r ~ '1 ~ t 1 N'W"Y'~~1 1 1 ! I 1 ~ - 1 T! -a,+.ya[, ul riy ~,~y ~.u~A5,~. ^H+rarv~' s -' r .r I i f 3 x i W 4.i ],4T4~~ F~3. ~? +a/.^%.^.""Y'~llxyM1~e `+st¢ 5 ~ 'j U ~ sY J ~~ '~4N 4 n'r'fks~;s#-r ~F 1. r' .. V ; ~~ i ~ ~ #, ~ ` ~" T i ~y ~Et .r .~;.r r r ~ I ry(' ;'4n5 tf ~~"s'2~ Yr k ~ F !" r t 2^ F t r"~ /~ LYY' y~ p ~ T d Y'Wr # ~ I L C' 1 My J~'rGiM ~ ~ ZWlf le vuT Y.y;+ T `{? +' ri ~ t h'^''t 1 u_qi Ci'n t <! Fm '. s t i i ~a } Yrs 4"r r~'~fu" c /T Y``'ak ~..3 / N ~, N zy;ti+r' :.< T 1 kr } g. 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I 1 ..'T I %1, a ~;: I I v y. ~ ~ ex'g old growth cottonwood trees ~~ a w v K I I Q i r MINUTES Meeting of the Pitkin County Board of Adjustment June 3, 2003 Members Present: Jim Riflcin, Chair Rick Head Mike Cooper Bob Throm Deanna Olson Taber Sweet, alternate Members Absent: Patrick McAllister, alternate Staff Present: Joanna Schaffner, Zoning Officer and acting secretary Head opened the meeting at 5:28pm. The Board's newest alternate member, Taber Sweet was introduced to the Board. Case #2003-OS Olson, John and Barbara Lot 2, R&O Subdivision, aka 1444 Lower River Road John Olson was present to request a 20 foot Collector Street Setback Variance where 50 feet is required from the Lower River Road right-of--way, to construct a barn on this 24.8 acre parcel in the AFR-10 zone district. Olson did not have his affidavit of posting. He admitted that the rainstorm on Saturday ruined the sign. He was directed to submit the affidavit to the Community Development Department on Wednesday. Schaffner explained that last September the Boazd of County Commissioners approved Collector Street Setbacks along vazious county roads, including Lower River Road. This parcel is contains the Roaring Fork River, a lazge floodplain azea, State Highway 82, and steep slopes. A narrow bench exists between Lower River Road and a slope to the bench adjacent to the river. Cooper asked what the required setback was before last September. Schaffner explained that based on the lot size and zoning, the pazcel has a 100 foot front yard setback. Since the proposed structure lies within the 50 foot requirement, the Collector Street setback takes precedence. There were no members of the public present, and no objections were filed. Head stated that several easements encumber the pazcel, and made a motion to approve the request as presented due to topographical constraints. Throm seconded the motion and it passed 5-0. Sweet did not vote. 00006 Case #2003-06 Two Mile Ranch, LLC 3448 Woody Creek Road Steven Kaup was present representing the Two Mile Ranch, LLC in their request fora 50 foot Collector Street Setback variance where 50 feet is required, for the construction of a driveway that will exceed 6 feet in height within the setback. The affidavit of posting was submitted. Schaffner informed the Board that last September the BOCC voted to increase the grade- change allowed for driveways within setbacks from 30 inches in height to 6 feet in height. Schaffner reminded the Board that the applicant had been before them a few times already requesting Collector Street setback variances for other driveways that exceeded the " 30 inch rule". This proposed driveway exceeds 6 feet in height within the setback. The pazcel contains over 100 acres and is approved for numerous homesites. The ranch fronts Woody Creek Road for about two miles, and all access points to the vazious homesites aze off of Woody Creek Road. The drop in elevation from the road to the pazcel necessitates these vaziance requests. Head stated that based on other vaziances being granted on the parcel for the same reason, he saw no reason to deny this application. Olson made a motion to approve the application as presented due to topographic constraints. Head seconded the motion and it was approved by a vote of 5-0. Sweet did not vote. Minutes: The minutes from the April meeting were reviewed. Head made a motion to approve the minutes as written. Olson seconded the motion and all five were in favor. Sweet did not vote. The Boazd decided to hold the July meeting on July 8, due to the July 4°i holiday. There being no furtherbusiness before the Board, the meeting was adjourned. *+*******+~+*~s**~*ra*r***r*r**-rs**rt***^*»**~**#**r*+*+~*~^s**s^s*~*++* Respectfully submitted, ~ ~, acs ~~ /~ ~'~ cting Secretary date~_ ~ hair date ~~~~~7 ' PITIa1V COUNTY BOARD OF ADNSTMENT Application Fonn DATE -/ ' ~O ' C~~ --~~--- REPRESENTATIVE E-MAIL MAILING ADDRESS FAX OWNER Sohn anal 130.1~Ia~:Yo. (~I S©n PHONE 9a3"~Id33 MAILING ADDRESS ~ ~- ~3pX ~OI L17 /~S{'2n, C~ ~ ~ 6 LEGAL DESCRIPTION L~+ ~` , ~~ } O S~bd ~ VAS i U /1 SUBJECTPARC\\ELADD-7RE\SS I~~~ILI LOUD,'{' Kt6~2Y 1C~- S(10UlMcU~S, C~ g~65L( PARCEL ID # d L'~~))~ / cl ~ ~ O ~ ~ ~ ~ ZONE DISTRICT ~ ! ~ ~ ~d LOT SIZE dL~. ~T f1CyP5 - SIGNATURE ,-~'~ (To be completed by the Zoning Department) CASE # 00 _ -05~ Application filed y-30 - 03 Date of Meeting Cc - 3 - 0 3 Notices Mailed 5- i1.-o 3 Refer to ~~0~~g i Zoning OffiafaL~,Prc~..o. i ~1-~~1,~ Secretary 4 - 28 - 2003 Pitkin County Board of Adjustment Attention: Joanna Schafner 130 S. Galena Aspen, Colorado 81611 Dear Board Members, I am seeking a variance from the county road set back. There was a previous variance approved with this same envelope. This new variance request is for permission to build to within 30 feet from edge of pavement of Lower River Road. This will give me enough room for a hay and horse barn. The existing building envelope is very narrow. As I can not increase the envelope to the south /west, due to the flood plane and the fact I wish to protect many old growth cottonwoods, I can only build closer to the road. Thank you for your consideration. Sincerely, o nand Bar ara Olson 1444 Lower River Road Snowmass, Colorado 81654 000009 I ~ ~1 ,~, d ~. W ~ Qu 3v 4 v 1p ~ ~~ p W ~ ~A ~3 d~ ~W~ s 3 ~ J p.~i3 ~7~ i ~ L 8 G ~, ~~ ~N O ~~ r d '~ ~ T ~ W ~- Q o ~ -~ V~ ~ , , ~ i -~ ° ~ W Q -F ~ ~ m i _ o Q ~ l°Cl_ ~ ~~ 3 Do o -~v, ~ ~ - ~- ~ ~ ~ ~ ~ ~ ~ s d ~ ~ S Y + 3 ~ ~F- ~ ~ Q V ( ~ j~ ~ ~ *i' ~ s ~ ~' J ~ S o - ~ -~- ~A 4~ + oC ~ fl" o ~ ~ ~ ~ ~~~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ J ~ J r OOOOiO 7" Rpr 29 03 11:18p I ~~ o ~~ i i iA ~i ~ m .D v }~ i 1 I ~i t 000912 Mi Design Company ~~ IN yes s„/: /~~~ ....7 ~ rl. i~l i irrt9 ref J'~ , .~ q{ <' "Y 6~ .^;~ Mw: aa: ,~: ~~ .. . Y"i 5~ µJ ^. (~• L W 970 1093 :... ^~pk. . ~clr. _. - _ .....j ~; f'. ~ i,`,. . ~ T ~' -'~ ~ ~ ~ t s fr ~ V S P+ ~ ~ ~ ~ ~~ y~ F : %~.w....O ~Nnuvy ~~ ,, rl j .`F l C n. ' ,~ , t M .. ~: r r _..~ ...w.._~...~. r. ~ <` a~lF~~`~ a ,~. p.2 t . ,l .. ).*~ ~~' i ~ :~ t .. 3 ~~ Y ~ i V ~x`i 4 / l 2 M. c. . 'e i) ~. ~~1;~Y ~ a . ~a 1). ~i~L" Y n. ti tii.'...~.J ,. ` ' .r. ik ` ~~`~ t r 1` ,a T iv ;~ ~ , ~' ~~ t. f i. ' tip' * > ' ~"' r ~ ~'"' r(ry „yr Y ri ' ~ .j v u° r ;, j ~) Y Y . v i 9 ' ' i~ ~ ~ ~Y~ r~is `p~qi w.. ' Rpr429 03 11t19~. Deei6n Company 9' -1093 ~. r--- ` ~ '~ ~ ~ ~ ~: o m ~ y -`~ O ~_ O N =W -m F ~~ r . i } s ~` =' n O O Y};~l rv . Z -~~~~~ ..- ; - A , tfi h ~ y,. ~ ~ ~~ ~7 ~ e, W .N« O c ` v ~ a ~ `` m ~ Z ~~~ ~ ~_ , x o . .. y ~: m rtr. = ~ O ~ ~ ~ S dg ~~ x d n O Qam ;e ~ p.3 7 g o d a , ~, 70 ~ ~ cg ~~~k.: II p?n ! j{. 1 ~~''~~, I ~'9~ iT' ~O ~~ or .. r r:x ~ -, ex <Y >x~, iyF;,~' ~. ", (A !~ ~~ i~ !°y ~~ D i~ 000013 ~,n:n *".t+Y: y~.'. 1 ~~ ~n ~~ S w g' v ~~ ;> ~~ N ~ a o~ ~ m m ~ Rpr Z9 03 11:19p Ma Oesi6n Company 970- 1093 p.4 i l i i I ~ i `~ OI `, ~', ~'~ 100 yr. flood plain > ~''~. ------- - -- I 3 r- ~' \~ . z ~.~_ ex'g old growth z o a ' \ ~\ cottonwood trees o• ~°, ., y >i , >e o ZI ~ ~ ~ \_ ;' ', I ~o ~ I I _ I _ ~ ~ I 1 V ~ ~ I I ~~ i .. ~ ~ ~ ~° I i ~ I ~ Ig i I l~ I ~ ~ l ~ ~ !proposed setback ~ ~ - ~~ 30 ft from edge of pavement o ~ ~ 3 ' W /;r" ex'g fence ' °_ ` ex'g irrigation ditch ~, ~ a 7 j - = 'F~'- ex'g edge of pavement °' I i ~~ ,,, -i .. ~ D ;existing road ~ ~ ,~ N I _._ 000014 AGENDA PITKIN COUNTY BOARD OF ADJUSTMENT June 3, 2003 5:30 P.M. Commissioner's Meeting Room Pitkin County Courthouse NEW BUSINESS: Meet our newest Alternate Member, Tabor Sweet. 2003-OS Olson, John and Barbara Lot 2, R&O Subdivision, Aka 1444 Lower River Road Requesting a 20 foot (20') Collector Street Setback variance where 50 feet is required from the Lower River Road right-of--way, for the construction of a barn on this 24.88 acre parcel in the AFR-10 zone district. 2003-06 Two Mile Ranch, LLC 3448 Woody Creek Road Requesting a fifty foot (50') Collector Street setback variance where 50 feet (50') is required from the Lower River Road right-of--way, to construct a driveway that will exceed the six feet (6') in height allowed within the setback, by two feet (2'). OLD BUSINESS: Please be prepared to comment/approve minutes from the April 1st meeting. PLEASE CONTACT JOANNA AT 920-5 l OS TO CONFIRM YOUR ATTENDANCE 000015 PUBLIC NOTICE RE: Collector Street Setback Variance request for Lot 2, R&O Subdivision NOTICE IS HEREBY GIVEN that a public heazing will be held on Tuesday, June 3, 2003, to begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the Commissioner s Meeting Room in the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Board of Adjustment, to consider an application submitted by John and Barbara Olson, requesting a 20 foot Collector Street setback variance, where 50 feet is required as measured from the Lower River Road right-of--way, for the construction of a bazn on this 24.88 acre parcel in the AFR-10 Zone District. The property is located at 1444 Lower River Road and is also known as Lot 2, R&O 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 May 24, 2003 Pitkin County Account No. 002.02 ~OQ~16 --- ~ ~ -- County of Pitltin } AFFIDAVIT OF NOTICE BY POSTING } '~s. OF A VARIANCE HEARING BEFORE State of Colorado } THE PITIQN COUNTY BOARD OF ADNSTiYIENT The undersigned, being first/duly swXOm, deposes and says as follows: I, ~"`"~~~`~ ~"" ~~(`~ ,being or representing an Applicant before the Pitkin County Board of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said Bien was posted and visible continuously from the ~~ day of /i! 20Q~ ~, to the n~ day of~~~, 2Q93. (Must be posted for at least nine (9) full days before the hearing date). App ant's Signature Subscribed and swom to before me this "7 ~h day of~ tM~. , 20Q~by ~Y~.rharct J~ ('~~~6"1"~ ooool~ WITNESS MY HAND AND OFFICIAL SEAL. i C~MUNITY DEVELOPMENT DEPt1R~NT 130 Suulh Galena Street Aspen, Colorado 81611 (970) 920-5526 Pitkin County Land Use: 172 Board of Adjustment 159 County Land Use Code 173 Deposit 174 Flat Fee 162 Zoning and Sign 169 Public Notice 160 Planning En(on•ement 5~.~ Referral Fees: RB115 Access Permit 210 Airport LUCO1 County Clerk 271 County Engineer 194 Environmental Health 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 ] 15 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 151 Aspen Sanitation 152 AV FD Fire Marshal Other Fees: 155 Use Tas 165 Copy Per('ormanee Deposit 185 Park Dedication 186 Parking Cash in Lieu IS GIS Requirements B1202 Road Impact Fee B1203 School Impact Fee TOTAL ADDRESS/PROJECT: CASF./PERMIT#: ~~ #OF COPIES: DATE: -i , j INITIAL: