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Home My WebLink Aboutpitkin.boa.03.04 RESOLUTION OF THE PITKIN COUNTY, COLORADO BOARD OF ADNSTMENT °m GRANTING A SIDE YARD SETBACK VARIANCE N TO DANIEL M. HOLTZ rw~ a Resolution No. 2003-04 ~ ° m •-~ N m O N oe WHEREAS, Daniel M. Holtz, owner of 22661 Juniper Hills Road, is requesting a 15 foot 6 inch ~ a m west side yard setback variance for the construction of a small addition to an existing detached m gazage; and m a WHEREAS, a 30 foot side yard setback is required for this 3.2 acre parcel in the AFR-10 zone district; and 0 U WHEREAS, the pazcel is described Lot 16, Block 7, Brush Creek Village Subdivision; and z 0 V WHEREAS, the Boazd of Adjustment is vested with the power to grant or deny such variances by x virtue of Title II, Section 7-10.30, Pitkin County Code (Land Use Code) and Colorado Revised a Statutes, 1973, 30-28-118(2) (C); and, a 0 WHEREAS, based on the evidence presented, the Board of Adjustment makes the following findings: N 1. Proper notice procedures, including the notification of all adjoining property owners, has been demonstrated. 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 substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, THEREFORE, BE IT RESOLVED by the Boazd of Adjustment, that a 15 foot 6 inch west side yazd setback variance be granted for the construction of an addition to the existing gazage as indicated in Exhibits A and B, due to downzoning. 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: April 1, 2003 ATTEST: The Board of Adjustment ~ ~~~'U 3 J~anna S. Sc f er, date 'ck H d, County Zoning Officer Chairperson date -~~ 000001 ~Z3 iIIIIiIVIIIIIIIIIIIIIIIIIIiil~ll IIIIIIIIIIIIIIIIIIIIIIO 0 80 0 8 0002:19P S c v 0 ~~ $~ ~F~F ~'p~s9 oowaove a weunni» 0 22 ~ °-tl rtnNx~'ieeir~ I ` a w.no..o - - - uw.a.e«. - - - - - -_ - - - ~-' - - L ~~~~ r *"° A ~ a i _ kl K~~~, / ate ~~~ ~ s y A b ~ I 4 ~~ ~ ~ ~~ % ~ o ~' ~~ O I -a P~ ~' 'a ~, ~ ~ ~~ 1 g ~ ~u ~ / II ~\ n \ / ~ynY+'n PC / aue } ss ~ ~ / ~ o ~. '°2 \ / ~ ' ~~ ~ X k L ~ a~ nir+ aaeiNnr n Iii 6 F { ~ S I ' ~ ~ '~a r~l w~est.wyxamnwlm ii '~. D D D D ' '~ ""~~ O~~lO~~2°!i 'I'' ''~! HOLTZRESIDENCE ,~i IIIII4 1~~~, O 2r nR~~, I { IWI yugp W Yt • ~' ~ .~, III I VIII II III III I I VIII I IIII II II II II 0 s 63s 3 02: 39P~ SILVIIi DRVIS PITKIN COUNTY CO R 0.00 D 0.00 ~~ 2X ~~ a ~C f S -r ~~ ooouo~ Q a o (~ H P I ( y ~ '~ '~ ] o~ i a v L C a' m 1 s I VJ ^~ VJ m O 4 n n MINUTES Meeting of the Pitkin County Board of Adjustment April 1, 2003 Members Present: Mike Cooper, Acting Chairman Bob Throm Deanna Olsen Pat McAlllister, alternate Members Absent: Rick Head Jim Rifkin Staff Present: Joanna Schaffner, Zoning Officer and acting secretazy Cooper opened the meeting at 5:30pm. Case # 2003-04 Daniel M. Holtz -Lot 16, Block 7 Brush Creek Village Subdivision Representative, Jim Kaster was present to request a 15 foot 6 inch west side yazd setback variance where thirty feet (30') is required for the construction of a small addition to an existing garage. Cooper stated that he is on the Water District Boazd as well as the Architectural Review Committee for Brush Creek. There were no objections to his participation on this case. Schaffner explained that the proposed work is to change a portion of the roof from a shed roof to a pitched roof. The existing structure lies within the setback; the proposed increase in height increases the amount of the encroachment within the setback and is subject to review. No comments were received from the public. Kaster submitted the affidavit of posting. He explained that the footprint of the structure will not change. He submitted a letter from the Homeowner's Association approving the request. Kaster stated that the existing structure was constructed prior to the adoption of the thirty foot (30') setback requirement. Cooper commented that he is familiar with the gazage and that he believes that the public will not be negatively impacted by the proposal. Cooper motioned to approve the request as proposed due to downzoning. Throm seconded the motion and the vote passed 4-0. Case #2003-02 Donniel Hecker - 2332 West Sopris Creek Road Hecker was present to request a five foot (5') side yazd setback vaziance where thirty feet (30') is required for the construction of a detached gazage. This case was tabled from last month so that Hecker could provide a topographic survey to support his claim of a topographic hazdship and to give the Fenders more time to defend their claim to an easement they believed might be impacted by the request. 000004 Hecker submitted a topographic survey and new photos of the site. Hecker maintains that the easement goes back to 1931 and was only for use by the Cereise family. The easement was lost when the property was sold, so now there is no easement of record. There may be a prescriptive easement. Willi, Pat and Bill Fender were present to defend their ability to maintain the easement. They believe that the encroachment of the gazage into the easement will impede their ability to plow the road. The snow must be pushed downslope of the road. What if snow/rocks were to hit and damage the gazage? Hecker insisted there would be no negative impacts to the gazage. He stated that if the Fenders did not intentionally hit the gazage with debris, then he would not hold them responsible. Throm was hard pressed to understand how this variance could negatively impact the Fenders ability to maintain the road. He tried to indicate the location of the gazage by drawing on the photographs provided by Hecker, and to illustrate that there would be no reduction in the existing roadway as a result of a variance. The Fenders finally agreed that perhaps the impact wasn't as substantial as they had originally thought, but again stressed their desire to be able to maintain the road. McAllister clarified that the Boazd is not protecting the Fenders from damage due to rocks and snow. Olson asked if the gazage could be reduced in size to avoid the variance, or if it could be moved closer to the residence. Hecker responded that the gazage is already the minimum size and that the County's 1041 Hazard Review wouldn't let him get closer to the house because of the impact to the steep slopes. Cooper moved to approve the request as submitted due to topographic hazdships. Throm seconded the motion and all were in favor. Minutes: McAllister moved to approve the minutes from last month. Olson stated that the property owner adjacent to Hecker is "Luecks" and not "Leeks". With that correction, Cooper seconded the motion and all voted to approve. There being no further busihess, the meeting was adjourned. sr+***~*r•t*r**~r*~*****r*~*s****rs+*s*~s:******+~+rsa~~r***•rr**s«+***t Respectfully submitted, Appro ed, ~__ i 7oanna Schaffner, Date Rick ea , Date ~ Acting Secretazy Co-Chairman 000005 ' ~' ~~ ~ ~ :2643-204-06-003 ;;;'::;i~fi'1~'RC„ Holtz Setback ~.. ,.....~.,n.. ---....- --.._...._. Setback Variance -side yard ;'~~`~.... ' 00 - ;'C/~{7L`,' Coral Gables, FL 33 `;;P..NE~E -";, qtr 6aeait, co a~s2~ `;p1f~ s7a37saan ~~. -. $525 recpt#14378 ~ `"~''"" "' 0 0 0 0 o U L DATE ~-~~-~5 PITHIN COUNTY BOARD OF ADJUSTMENT Application Form REPRESENTATIVE ~ ~ m K R i ~ lZ PHONE 37`'i-7y~7 E-MAIL ~ , ,,.~ f< As C F (L ~ i~vi u Corn FAX ~) :~ 7- ~ 3 9 ~ MAILING ADDRESS ;gip y LAKES~pE C7 1 Asq[,T cG s16~ I OWNER 1~ ~ N ~ r t Ivt I,} 6L7 Z- PHONE MAILING ADDRESS ~'aS /~YZ~i +'A ~I~RKwA`T ~/GV co+(A~ G-At~iES F~ 3 ,~i~6 LEGAL DESCRIPTION ~ "~ i2 c~S ~l c rZEFt ( V i L t,4~,t` i3LlC ` 7 G 07 t 6 SUBJECT PARCEL ADDRESS r PARCEL ID # LOT SIZE 3 • ~ SIGNATURE Requesting: completed by the ' Front Yazd Setback Variance, where ' Reaz Yazd Setback Variance, where ' is required. ' is required. l~j I (~_' ~ Side Yazd Setback Variance, where .5 0 ' is required. ' _ Side Yazd Setback Variance, where _' is required. CASE # 'Xb0 3 ' O LI ' Height Variance, where _' is`allowed Comments: -tol ~ Crm s ~-Cv c.~ c.~ p ~ G S w\-c~-~~ C~R\ \% Y-t rnn Application filed ~ ~ ~' e 3 _ ~ , Refer to ~ Zoning Offici ~,t~_~- Date of Meeting 0 - 0 - O ~ Nofices Mailed - f I - Secretary l~ ~Q~~~7 Vi~iD~.( ~~I DISTRICT /^~ ~- K - / O I/1'//OIG:\ComDev Fom,sViJcin Planning~PitltinWw~admin\pit ban\applicEac James J. Kaster 204 Lakeside Court Basalt, Co 81621 (970)379-7477 Februazy 28, 2003 Pitkin County Board of Adjustment RE. Garage roof upgrade C~ To Whom It May Concern: We are requesting a Vaziance to upgrade the roof system on an existing garage. The gazage was built before the 30-foot setback was put in effect. The garage has a normal gable roof except for the back 12 feet or so. This back portion is a poorly constructed shed roof and does not meet current UBC codes. The height and pitch will match the existing structure exactly. We are submitting for a permit to build a cazetaker unit that will tie into the existing garage and need the roof upgraded to do the addition. cerely, im Kas~ ~~ ooooo~ ~_ ". f1 i- 11 8d i~ o e:°si°v~ ' e- _- - - -_ -L 2 O R; o. Tao ~ s o~ ~ ~ ~_ ~~ "- _ I ~`~ I ~. ~ q~~„ __ ,a~ I I r ~~~ ~~~~ ~ I . ~, ;~ n ~. ~ ~_~ ~ `. ~'''a ~* ~' I ~- ~"~. 9' _~ ~_~ V ~ d '" , a _ / -~._ - it -~ ~- _ -_ i ~ u ~_ __ - - ~sogg = j RS 'o ~$ ~: g@ ~ ~ ~ ~ H=IV s~ i t ,a o ti I a u 1 a ~ ~" I il~ I ~ I I I ~ I 1 I i III, A ,,- - _ - - -__, 1M3Mib~i P~' \ ~ \~\~H \ / 9199 J i III ~\ ~ i /~: ~~\ i / ~ ~ ~_ ~' I Ir 'I I I i ~ y M1 \ ~i ,\ Qyp~1lIH 83dINOf\I I I 'I ,~ / ^~ .. % . w.w. ..~ -- _-~ -_ -r- s - e r- , ~ - r --, _ e - I gg yy -_ -_. - --__. ~ i _ _-.. f1 ~ ~ ~ 8 ~.. ~ ! tl ~ 9~, I ~'. ~z I ', MMEltlon/eaweMm. 'DC D D o ~ I~ kg.R~ -I I~~, ~i~' HOLTZRESIDENCE ~ ~ ~ ~ ~I~I I I ~ ~. I ,.~~.., ~ L' I Feb OS:OOp WRLDEIV CRPITRL C 305 576 5070 P.2 FEB ~3 22:17 No .001 P.O1 ~I~IIjpNItI~Fll~/~IKI~I~~I~~~~~l~jtll~+~+~~~~,+~, e'z 8a ioa~ i::per e.ea o o.ae ADMtNiSTRATIVE AF,TI'%RMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF pITKIN COUNTY, C(TLORAAO, APPROVING THE HOLT7 DETACI~ED CARETAKER DWELLING UNIT • 1>Ftciatdaation NM LJ~-2 Ut13 . RE ITAL. 1. CountyE CobradoFfor upptlnval of la l~ota~ad Cmiromisktor Dwelling Unit.Directdr of Akkin 2, ,The Applicant's parcel rnntains 3.2 acres pad is anon-conforming parcel in the Afi1t.10 zwte diatrkL " 3. Said parcel is located of 2GG1 Juniper I-lilt Dr., anJ is [Wore specificaNydosorlbed as Lot l6, Bbok 7, Riling I, Aruslt Cratsk Subdivision. 4• The App{leant proposes to dead rostrict the proposed caretaker dwelling unit pursuant to Soctlon 3-1 SO.I30(Ax4) of the Land Use Coda, 5• The Director fmds that the i loltz Detached CarcHaker Dwelling Unit complies with applicable stattdarde of the i.and Usc Coda Sections 3-150.730 and 9-110-041 end hes rocwnmended Approval nfthe rcyuast based upon compJianco with those sootions, THT DIItF.CTOIt DOF.9 AlaJ21;}iY APPJtOV$ the Boltz Detached Carnlaker Dwelling Unit subject to the following conditions: ! • The oaretaker dwtilling unit steal l be limited to'70U net livable egttere [bet and die kitchen shall contain a minimum ofu two burner stove with men, standard sink, and at !pest a ti cubic foot refrlgemtor plus freezer. A mirNmum of one off-street parking space shall he provided fortlu unit. . 2• • Prior to cubmlasion.ofany huilding pemtits for the caretaker unit, the Appliautt shall obtain and the Housing Office Gtall roeord a caretaker dwelling unit deed rostriction..4atua} floor plans ofthe unit shall ba subntittui to the housing Ot'f'ice with the dood rostrictiai; 3• Prior to issuatu;o of a Cartiflcatc ofOwupnncy fm• the ra~+etaker dwelling unit, the Ifousittl: Offico shall btspact tho unit. 4• The Applicant shay adhere to qll material tcpresanatious made ht the appllcatlon with the exception of the location of the CDI1. The Appliumt must maintain a 30 foot setback from the side yard proporty line. S• The roof covering oftha CDU shall ba a amt-combustible Roof Covering on a Class'A hoof Assombly {wood shake/shingb mnycovariags are prohibited). . ZA-tY3 _ Copy rnu:4d ~t•o..J;;ir t=lrt~c.~~~lt Z' GID CAD ~clvandc.u t'~rSSG'i .dcowl fitWr' 000010 Feb 27 03 OS:Olp WRLDEfV CRPITRL C 305 576 5070 p.3 '~ `~ FEB ~3 22:18 No .001 P.02 ~~III~I~~~III~~~~II~~~~II~~II~~IIII II~~~IOP o8~20e7 Ss:36c P e,00 .n• i,,.....~..o:,. ..,.. ~•.. APPROVE :. Cln Y Iiouben ComtnunitY Development Director PI64-p2 _. 264320406003 Date -Z/ f ~~~. oooo~i Brush Creek Landowners Association C/O P.O. Box 6355 Snowmass Village, CO 81615 970 923-9209 Februazy 24, 2003 Daniel Holtz 225 Arvida Pazkway Coral Gables, FL 33156 RE: Addition to Residence Cazetaker addition to Gazage 2661 Juniper Hill Road Deaz Mr. Holtz, The Architectural Control Committee has approved the plans you submitted for the above referenced additions subject to their not exceeding the height of the existing buildings. Sincerely, ~~"~~~ Cheryl Morgan For the Committee 000012 ~J WALDEN CAPITAL :2 C O R P O R A T I O N ~..~ DANIEL M. NOLTZ Nuuslub Principal November 1, 2002 Community Development D]rector Pitkin County Building, Planning and Zoning Department 130 S. Galena Aspen, Colorado 81611 Re: Daniel Holtz residence, Brush Creek, Lot 16 Block 7, Filling 1 2661 Juniper Road Building of a detached CDC Attn: Community Development Director With respect to the pre-application conference regazding my application of a special review for a detached Cazetaker Dwelling Unit (CDC), I hereby appoint Joncazlo (JC) Fernandez of CAD-Vantage (dba Residential Design Associates) to represent me as the Designer and Project Consultant. Should you have any questions, please do not hesitate to contact me at 305-576-5060. Thank you fo; your attention. Daniel M. Holtz Owner OOOU13 4040 NE 2ND AVENUE, MIAMI, FLORIDA 33137 (305) 576-5060 FAX (305) 576-5070 dholiz®waldencapital.net Robert New 2345 Juniper Hill Rd Aspen, Co 81611 David Hollander 2392 Juniper Hill Rd Aspen, Co 81611 Clifford Dossighy 2227 Juniper Hill Rd Aspen, CO 81611 Michael Mullen PO BOX 1287 Aspen, CO 81612 Thomas Pevny 100 E Main St #100 Aspen, CO 81611 Eric Oliphant 6120 S Yale Suite 1800 Tulsa, OK 74136-4215 Gerald Grayson 5209 Oceanfront Walk #302 Marina Del Rey, CA 90292 000014 z 0 U S O O W C •~ .~ ^~^, (W .."=. `~ V N in O O r f -~ ~ :~ ~~ 0 e d 3 r .~-. C O J~ ~~ ~o 'C'. O U w C~ C9 .Q. N .-, fl 0 0 0 • • ~' ~~ } ~ ~ ~ ~ ~ z ~ d a J t < C -+ C O N -ti. N z 0 U O W ~_ .Q N • • W R~ W 0 N N O ~- M 1 z U D W C~ z .g. c 0 N O O O O • • r 4 +, . C O N N O ~o M U D O W C ~_ N .Q O N .-/ O O O O AGENDA PITKIlV COUNTY BOARD OF ADJUSTMENT April I, 2003 5:30 P.M. Commissioner's Meeting Room Pitkin County Courthouse OLD BUSINESS: 2003-02 Hecker, Donniel 2332 West Sopris Creek Road Requesting a 5 foot east side Yazd setback vaziance where 30 feet is required for this 4.99 acre parcel in the RS-30 zone district for the construction of a detached residential garage. NEW BUSINESS: 2003-04 Holtz, Daniel 2661 Juniper Hills Road Lot 16, Block 7, Brush Creek Village Requesting a 15 foot 6 inch west side yard setback variance where 30 feet is required for this 3.2 acre pazcel in the AFR-] 0 zone district for a small addition to an existing detached residential garage. MINUTES: Please be prepared to commenUapprove minutes from the Mazch meeting. PLEASE CONTACT JOANNA AT 920-S1O5 IF YOU CANNOT ATTEND 000020 i ~ PUBLIC NOTICE RE: Holtz, Daniel M. requesting a 15 foot 6 inch west side yard setback variance NOTICE IS HEREBY GIVEN that a public heazing will be held on Tuesday, April 1, 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 Boazd of Adjustment, to consider an application submitted by Daniel M. Holtz, requesting a 15 foot 6 inch west side yard setback variance where 30 feet is required, for the construction of a small addition to an existing garage on this 3.2 acre lot in the AFR-10 Zone District. The property is located at 2661 Juniper Hill Road, aka, Lot 16, Block 7, Bnish Creek Village Subdivision. For further information contact Joanna Schaffner at the Pitkin Community Development Department, (970) 920-105. Pitkin County Board of Adjustment Published in The Aspen Times on March 22, 2003 Pitkin County Account No. 002.02 000021 l ~ County of Pitlcin } AFFIDAVIT OF NOTICE BY POSTING } ss. OF A VARIANCE HEARING BEFORE State of Colorado } THE PITHIN COUNTY BOARD OF ADNSTMENT The undersigned, being first duly sworn, deposes and says as follows: I, ~ A ~"~ ~ S J ~~~S T r= ~'l. ,being or representing an Applicant before the Pitkin County Boazd of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance heazing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that L~ Ra c u the said sign was posted and visible continuously from the ~i ~ day of , 200 ,3 4T to the _~ day of f} pd2 ~ L , 200` (Must be posted for at least nine (9) full days before the hearing date). Ap an s Signatur Subscribed and sworn to before me this day of , 20~, by "7 sn I'~ ~;,, I WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires:_~~ 6 Notary Public's Signature ~~~ l ~~ ,. _1 :.. CTY DEVELOPMENT DEPART~iT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 Pitkin County Land Use: 172 Boazd of Adjustment ~ ? ~. 159 County Land Use Code 173 Deposit 174 Flat Fee 162 Zoning and Sign 169 Public Notice 160 Planning Enforcement Referral Fees: RB 1 15 Access Permit LUCO1 County Clerk 193 County Engineer 194 Environmental Health 198 Housing 190 Land Management 196 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 AVFD Fire Marshal Other Fees: 155 Use Tax 165 Copy Performance Deposit 185 Pazk Dedication 186 Parking Cash in Lieu IS G[S Requirements RB116 Road Impact Fees B 1202 Road Impact Fee B1203 School Impact Fee TOTAL 00003 ~~~, U`~' ADDRESS/PROJECT: CASE/PERMIT#: # OFCOP[ES.