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HomeMy WebLinkAboutpitkin.boa.04.04 CASE'NAN6E: Mike & Pat Piburn Setback Variance p(,NR: Joanna Schaffner PRC3.l:ADRl~ 0158 South Bill Creek Road CASE i'Yp: Front Yard Setback Variance BTEpg~~ OIA1RilAP!P: Mike and Pat Pibu~n - Ap 0158 South Bill Creek ~i$/~ Carbondale CO 816 pNN:~ REP. ARR. C/9tZ: PNIV PEES QUE: $525 .w ~ PEES'RCVD $525 #16932 REFERRALS REP 8Y~ Cfl,~:~" M1Yi'61A78 ~kEV'.ROpY PN NOTIC~b , 5/4/04 BOA es 4/24/04 OATE'pF PINAL ACTfON: 5/4/2004 REINARKS notices mailed 4/6/04/jV/recoMed cc of Resolution No 2004-04 DATE CL,O9LG; 5/4/2004 SY; J. Taylor , ODUUUI a ,^ ZS ~IIIIIIIIIIIIIIIfIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIII-es9z 863 es:zaF SILVIP DiiVIS PITKIN COUNTY CO R 0.00 D 0.00 RESOLUTION OF THE PITKIN COUNTY, COLORADO BOARD OF ADNSTMENT GRANTINGA FRONT YARD SETBACK VARIANCE FOR 0158 BILL CREEK ROAD Resolution No. 2004-04 WHEREAS, Pat and Mike Pibum, owners of 158 Bill Creek Road, is requesting a 5 foot Front Yard setback variance for the constmcfion of an addition to a single family residence; and WHEREAS, 30 feet is the setback required for this 1.14 acre pazcel in the RS-30 zone district; and WHEREAS, the pazcel is more fully described in Exhibit "A"; and WHEREAS, the Boazd of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, 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 Boazd of Adjustment makes the following findings: 1. Proper notice procedures, including the notificafion 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 substanfial detriment to the public welfaze and will not substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, THEREFORE, BE TI' RESOLVED by the Boazd of Adjustment, that a 5 foot Front Yazd Setback Variance be granted for the construction of an addition to a single family residence as shown on Exhibits "B" and "C" 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 Board of Adjustment of the County of Pitkin, State of Colorado. DATED: May 4, 2004 ATTEST: ~~f s'y~~ manna S. S ha er, date County Zoning Officer Case # 2004-04 Paroel ID# 2463-343-02-033 oooooz CC ~C1WL c>7 Jp The Boazd of Adjustment of ounty o orado ~-II-~~ c to hail rson ~ • •. LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NEI/4SW1/4 OF SECTION 34. TOWNSHIP 8 SOUTH. RANGE 88 WEST OF THE 6th PRINCIPAL MERIDIAN. PiTKIN COUNTY. COLORADO. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE AN IRON P05T WITH A BRASS CAP PROPERLY MARKED FOR THE CENTER OF SAID SECTION 34 BEARS N 33°35'33"E 264.91 FEET: THENCE S 32°44'09'W 215.35 FEET: THENCE S 30°29'23"W 123.94 FEET: THENCE N 84°15'IS'W 20.44 FEET: THENCE N 06°19'56"W 71.33 FEET: THENCE N 31°04'19"W 47.61 FEET: THENCE N 58°22'23'W 68.74 FEET: THENCE N 48°44'07"W 63.39 FEET: THENCE N 35°41'07"W 38.19 FEET: THENCE N 16°03'S5'W 36.36 FEET: THENCE N 85°09'32"E 372.58 FEET TO THE POINT OF BEGINNING. IIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIII 0 9 863 es:saF R 0.00 D 0.00 ~X~li.~i ~ TI 000.003 a N m aom ~ ~.vm, lQ °mm ~NNo U) m N ~ a m m ~~ m ~~m rc ~. ~~ o ~V T F -~ ~~~ O U -~ Y F a' ~~ N Q ~O ~~ ~~> ~~ J N J~~ v OODU04 ~N O ~p~ \- 3 ~. 0 S 1T I_ _~_._. ~ ~' I. '~;~' , ,`' rra c t I00 TRACT 101 1.14 AC f/- PARKING _~ `~. ~~ N Se• _' ~~ 6B ?3 .. Oy'3~W ~t'YY v ,O N 01 a m m ~rywvm to °mm ~aNo d N a ~ ~ a m m m m rc 0 U H 2 J O U Y F 0 m a c OODUUS /J FRAME HOUSE ~o~ O E~l~;brf C e t MINUTES of the Pitkin County Board of Adjustment May 04, 2004 Members Present: Rick Head, Co-Chair Mike Cooper Deanna Olson Members Absent: Jim Rifkin, Co-Chair Bob Throm Taber Sweet, Alternate ~J Staff: Joanna Schaffner, Zoning Officer and acting secretary Head opened the meeting 5:35pm. Case # 2004-03 Frieman, Josh, 183 Yellow Brick Lane Keith Webster was present to represent the owner in a request fora 10 foot side yazd setback variance for the construction of a deck that exceeds 30 inches in height. This application was tabled from the April 6ch meeting. Head read a letter from neighbor, Nancy White stating that she has no objection to the request. Webster stated that concerns raised by Doug Jenkins were resolved and that access would be given for the work that needed to be done. Head asked if this was in writing and Webster said no. Cooper asked if there was a formal association in Shield O. Webster did not know. Schaffner stated that there is a road association. Head mentioned a possible fire district. Olson stated that she believes all outstanding issues have been addressed. She made a motion to approve the request as presented due to the unusual shape of the lot. Cooper seconded the motion and it passed 3-0. 2004-04 Piburn, Mike and Pat, 0158 South Bill Creek Road Owners, Mike and Pat Piburn were present to request a 5 foot front yazd setback variance where 30 feet is required on this 1.14 acre pazcel in the RS-30 zone district for the construction of an addition the to existing single-family residence. The affidavit of posting was presented to the Co-Chair. Mike Piburn showed the Board photos of their existing kitchen. He explained that numerous options for expansion were explored, however, the best solution results in an ODUUUU ~ t encroachment of five feet into the 30 foot setback. He presented an artists rendering of the proposed addition. Schaffner explained that although the property abuts South Bill Creek Road, access is taken from an easement between the Piburns and the adjacent property owner to the east. Therefore the front yard is determined to be to the east of the house. If, due to its orientation to the road, the east were considered a side yard, the requirement would only be 20 feet and the Pibums would not need a variance. Cooper asked if the addition would create any detriment to the public. No. Pat showed the Board a piece of paper the size of the actual area of encroachment. Schaffner informed the Board of several letters in the file from neighboring properties offering support far the addition. Only one phone call opposing the request was received, although the caller admitted that in his recent application with the County, he "didn't get what I wanted so why should anyone else". A fax of the proposed addition and the Piburns application letter were faxed to him. Head clarified that this was a hazdship imposed by the County because of the determination of"front yard". Other members agreed. Olson made a motion to approve the request as submitted due to downzoning. Cooper seconded the motion and it passed 3-0. Head postponed the election of a new Chairperson until all Boazd members could be present. Cooper made a motion to approve the minutes from the November 4a' meeting. Olson seconded the motion and it passed 3-0. Head adjourned the meeting at 6:OOpm. *+~r**s*******~**+**r***#**xs***r*****m****s**s******-**r***s********x** Respectfully submitted, L_ Acting Secretary ~~ag~ay Date Approved as submitted Approved with note ) R'ck ead, Co-Chair Date OOUOd~ FROM :TRUE HREW COFFEE SERVI FAX N0. :9709633699 Apr. 08 2004 09:28PM P2 . , PITICIN COVN•I'Y 130ARD OF ADJUSTMENT Application Form DATE {}-~(zf,L ,..r', Z°°'~ REPRESENTATIVE M lkE3 PQtPI~U Rat PHONE q63' ~~~{ E-MAIL ~IN~ Dlb Jl'Y5 ,,P,{JIY~111~1~ ~ yLet FAX ~63' 4gZ- g MAILING ADDRESS ~I~~ ~ E31Ur '~~ ~,~RBy CA 8(623 owN>rRM l ~L ~ ~~iua P lC3u 2 N PxoNE 9 ~ 3' 36 ~ 4 MAILING ADDRESS g8 Co. 8(623 2dfZ Pt4~4lJ . LEGAL SUBJECT PARCEL ADDRESS D ts~ SouIlF ~~ ~~ ~~ ~~yC~3-3~f3 z-o 33 PARCEL ID # ~ ~ ,ZONE DISTRICT ~~~ LOT SIZ.$ SiGNATI (To be wmpleted by the Zoning Department) CASE#® OO~f Application filed `~ ~ _o `f Date of Meeting 5- - O Notices Mahal Refer to ,..._,.,, . x ~. Zoning Official ~ .~ L~ 0-19.- Secretary ODUUUb ., 1, ~, ~ ~ '~ i; ~ `p i ' ~: ~ , ~ - ~ _. _ _ ~ _~ ~ 000009 ~~ ~~,~_ r~~ r 4 -~~._ _------ --- :~1 r r ,_. _--~ ~,~ ~~ `~,, ,\ ,~~:, 1 +~, I Dear Pitkin County Board of Adjustment, April 5, 2004 We, Mike and Pat Pibum, at 0158 South Bill Creek Road,Pitkin County, are requesting a setback variancefior a 40'X20' build-on remodel of our kitehen/dining roorrF. Unfortunately, the addition will encroach into the 30 foot property line setback by 5 feet atone corner(SE) of the structure. We have calculated the amount of setback area to be 25 sgft, including the roof overhang. In June of 2003, we enlisted the professional advice of a contractor to determine the practicafrcy of enclosing our front porch, which has a permanerrt roof. The goat was to enlarge the kitchen on the east end of the room by changing the living room space on the west end. It all would have been a major tear down and rebuild without the desired results. We then looked at the possibility of an.8'X8' buildout from the south side of the dining room (area: 7'X8'), but quickly rejected that because it would destroy the symmetry of our two bay windows, block a basement window, still overshoot the setback line, and certainly not offer the desired results. Our kitchen has always been horribly undersized. It is galley style with 4'X8' of floor space. IL is difficult for more than. one person to work in. it, let akin open the refrigerator door! Kitchens have always been a family centerpiece for work and sharing and we truly need a large kitchen/dining area where we can accommodate our expanding extended family. The most straightforward approach is to build from the present kitchen/dining area east. The contractor says that since all electrical and plumbing is in place on that side, i# should be an uncomplicated addition., Having lived on this property for over 30 years, we are very excited to improve the comfort and quality of our home. And our two neighbors who will see the addition have given us their blessings. Since the encroachment is slight and our need is great, we hope you will grant us a variance. S~inncerely, ,V~ Mike Piburn Pat Piburn ~Q~~~~ } 1~ ODUUii __... , _. _ ~ _,~ , t `; `'~. ', ; , ,, .. :~,. 4. 4 'n ~ ~t~. O. ,yv \~ ---~ l ~, r' .,. ----- 'V 4.. ~~ t _~, . _ ~i",'~. F' ' :'~t ,.;- ~.; *.~ M.i2 E~sT ~(~/A~oN ~~:.. . ~. Sa~J'[}~1 ~-~l(fFTl6N P«~~N Ol ~g So. 131I,L C~2~~ 12 ). :~.:~~:_ 000012 000013 To Pitkin County Board of Adjustment: We/ I living a mailing address ~ ;3~ ~._~~.~,_:~ ~...~ ~>L~,'S , being adjacent property owners to Mike and Pat Piburn, at 0158 So.Bill Crk. Rd., are/am aware of, and have no objections, to their variance request. Date ~~ ~ ~a ~ ~ OOOU14 To Pitkin County Board of Adjustment: We/ I living a mailing address S/I~ l~ _, being adjacent property owners to Mike and Pat Piburn, at 0158 So.Bill Crk. Rd., are/am aware of, and have no objections, to their variance request. Date ~~~- ODUU15 To Pitkin County Board of Adjustment: We/ I i C,l.) , c living at © t 2~ S , (~ c l'1 Cs ee ~ r _ , mailing address ~ ~2~ S , g ~ ~ ~ Cd~Q e l~ r' ~ ~ , being adjacent property owners to Mike and Pat Piburn, at 0158 So. Bill Crk. Rd., are/am aware of, d have no objections, to their variance request. Date _~ ~ ~ ~~ 000016 To Pitkin County Board of Adjustment: living at l~ (.. S-d .2 ~, l I ~ ~2__ __, mailing address ~ a ~~ ~S~ C ~I~o+nd~.1e Gzs gl[~3 being adjacent property owners to Mike and Pat Piburn, at 0158 So. Bill Crk. Rd., are/am aware of, and have no objections, to their variance request. Date ~ .~ ~ _ ODUU17 To Pitkin County Board of Adjustment: We/ I living at mailing address ~~C~..t''i'j-~ , being adjacent property owners to Mike and Pat Piburn, at 0158 So. Bill Crk. Rd., are/am aware of andV have no objections, to their variance request. Date _~ . ,S ~~~~ _ 000018 To Pitkin County Board of Adjustment: We/ t (;~~/ OWNiNQ ~i~ng at i~d /62 mailing address being adjacent property owners to Mike and Pat Piburn, at 0158 So. Bill Crk. Rd., are/am aware of, and have no objections, to their variance request. Date _~Q ~f S, ZC~Lf oooolo -~ ~ A • ~ ~ ~~ a 3 2 N~ J ~ ° •~ r ~~ O - ..-,-...~. - •-e. -. 7 oAkS RD .` ~(~ ~~~ 3 ~ 1 o ~, X ~0 a L7 ~ F ~ W ~ C~ o ~ a 1 P~~ ~ m ~~~ z a ,~ ,~ 0 ~~ ~ ~ ~~ \ m ~~~ ~ ~~ ~'~ •at! rn~ -n 09 x 000020 -r, o r c~ ~~ ~~~ a ~ ~~ ~~~ -•d/ 3 ~ ~ ~ o Z ~ /~ v List of Piburn's adjacent property owners and their mailing addresses GENE KOPECKY & KELLY BRINKER 202 So. Bill Crk. Rd. Carbondale, CO 81623 ROBERT & MAR LYNN JEFFRYES P.O.Box 313 Carbondale, CO 81623 FRANZ & HEATHER FROELICHER P.O.Box 552 Carbondale, CO 81623 THOMAS EVINS 0127 So. Bill Crk. Rd. Carbondale, CO 81623 PHILIP & DEBORAH BETHELL 143 So. Bill Crk. Rd. Carbondale, CO 81623 CHRISTY MARON 84 Hillcrest Drive Basalt, CO 81621 OOOE~21 -. .. • County ofP4~} AFFIDAVIT OF NOTICE BY POSTING } ~s. OF A VARIANCE HEARING BEFORE State of Colorado } THE PITIQN COUNTY BOARD OF ADJUSTMENT The undersigned, being first duly sworn, deposes and says as follows: I, ~~~-mac- {'(Bcrf~~ 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 2~~ day of ~1-- , 200¢- to the ~ day of_, 26~ (Must be posted for at least nine (9) full days before the hearing date). Applicant's Signature (Attach photograph here) BRING THIS FORM TO THE MEETING JERI ~, %~iBERTS N~~~~~~4 My Cocimission Expees ° , 007 000022 Subscribed and sworn to before me this ~ day of- 1 ~, -, 20~R, by \ ~,,~_ WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: ~ - ~ 3 -p ~ Notary Public's Signature Address 000023 OOU0~4 t ~MUNITY DEVELOPMENT DEPAR~NT 130 South (',alma Street Aspen. Colorado 81611 (970) 920-5526 Fitkin County Land Use: ~ ~ '- 172 Board of Adjustment 159 County band Llse Code - 173 Deposit 174 Flat Fee 162 Zoning_ and Sign 169 Public Notice 160 Planning Enforcement Referral Fees: RB115 Access Permit 210 Airport LUCO1 County Clerk 211 County Engineer 194 Environmental Health 208 Historic 198 Housing 190 Land Management 209 Redstone HPC 206 Wildlife Officer Building Fees: 170 Board of Appeals 13Ci Budding 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 Marsha] Other Fees: 155 Use Tax 165 Copy Performance Deposit 185 Park Dedication 186 Pazking Cash in Lieu IS GIS Requirements B 1202 Road Impact Fee B1203 Schoollmpact Fee TOTAL ADDRESS/PROJECT CHECK# ~ NA till PSS CASE/PERMIT#: #OF COPIES: