Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
pitkin.boa.04.03
• w 43-00-019 CABE3~lAIMB: Josh Frieman Side Yard Setback Pt,NR: Joanna Schaffner PROd AOOR: 183 Yellow Bnck Lane CARE TYP: Front Yard Setback Variance 9TGP$~"~` r----- RBPNKe~ith Websterneman mQ~ Box 3411'w Brick Rd Ci$tZ: Aspen, CO 81611 PMN: C19tZ Aspen, CO 81612 MpM1d 379-7016//544-8 FB~$ pU6; $525 FEE$ REVD $525#16779 RLFBRRAI.S N/A/ REF: BV~ OpB: MTti C1AT6 'RffiV BODY PM NOTtC6O 4/6/04 BOA yes 3/20/04 pATL OF FINAL ACTION 5/4/2004 REfYlARKS public notices mailed 3/22/04gV/recorded cc Resolution No. 20 OATS CLO>sLO: 6/1/2004 BY: ~ J. Taylor OUOU01 a; 3~ ~IIII IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII 07862 ee:zlr ~~ SII_VIP DfiVIS PITKIN COUNTY CO R 0.00 D 0.00 RESOLUTION OF THE PTI'KIN COUNTY, COLORADO BOARD OF ADNSTMENT GRANTINGA FRONT YARD SETBACK VARIANCE FOR 183 YELLOW BRICK LANE Resolution No. 2004-03 WHEREAS, Josh Frieman, owner of 183 Yellow Brick Lane, is requesting a 10 foot Side Yazd setback variance for the construction of a deck that exceeds 30 inches in height; and The Boazd of Adjustment of WHEREAS, 20 feet is the setback required for this 2.28 acre pazcel in the RS-30 zone district; and WHEREAS, the parcel is more fully described in Exhibit "A"; and WHEREAS, the Boazd ofAdjustment 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 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 welfaze 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 10 foot Side Yazd Setback Variance be granted for the construction of a deck that exceeds 30 inches in height as shown on Exhibits "B" and "C" due to the unusual shape of the lot. 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: May 4, 2004 ATTEST: shy ° `1 J arena S. Scl a ~ er, date / ounty Zoning Officer Case # 03-2004 Parcel ID# 2645-143-00-019 000002 ' C'L', {NP<l(Gi 3o y%. sA3t4:.~.i~v Pitl ' ounty, ~~~-d ~ Rick ad, date Ch ' erson (y - r t34 ~ IIIIIIIIIIII~NIIIIIIIIVIIIVIIIIIiiiIIIIIVIIIIIIIIIII00 7860 09 23f LEGAL DESCRIPTION: A tract of land situated in the Southwest one-quarter of Section 14, Township 9 South, Range 86 West of the 6a' P.M., described as follows: Beginning at the most Easterly corner of a tract of land described in Book 234 at Fage 334 from which the Southwest Corner of Section 15 in said Township and Range bears South 81°07'59" West 6828.12 feet; thence North I 1 °2T29" East 323.70 feet along the Easterly line of a tract of land described in Book 277 at Page 202; thence South 55°00'00" East 336.59 feet along the Southerly line of a tract of land described in Book 245 at Page.20; thence South 56°00'36" Nest 319.3 feet along the Westerly line of a tract of land described in Book 260 at Page 401; thence South 37°11'25" West 274.26 feet along said Westerly line; thence South 58°35' 31" West 128.12 feet along said Westerly line; thence South 70°54'20" West 108.77 feet along said Westerly line; thence North 34°46"12" West 103.2 feet to a pint on the Southerly line of a tract of land described in Book 234 at Page 334; thence North 86°13' East 180.00 feet along said Southerly line; thence North 36°48' East 290.00 feet along the Easterly line of a tract of land described in Book 234 at Page 334; thence North 10°00' East 47.00 feet along said Easterly line to the point of beginning. COUNTY OF PITKIIV, STATE OF COLORADO. LOT SIZE: 99,254Sq. Ft;- 2.28 AC+ _ ZONING: RS 30 PUD ~%~Cl~ ~ ~~ ~" ~ 000003 1 . ioe,r~ 497862 20' ~ I IIIIII VIII IIIIII IIII VIII VIII IIIIIII III VIII IIII IIII 0 05921 D2000009:21f ___________ ____ ____ ,- ~~ ~ ___ _.,__ _.. --- ~~ --- ----~-, --- ---- -------- ~~~ ~xi5~lt'IG~ ~VNO Start frame Nouse -~~ ~~~ 000004 of ~x~etYlq I'ach & SFats / N ^^ / "lOi~/ _------ ,~ - --- - ~--"; _. ~ -~ ~ ~ Gravel t7rlvewa~ ~''--..~= ~ 10' ~~ ~ ~_~~ ~^~ ~ ~ ~i ~}' L3 ,~ ~.- IIIIIIIIDIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIII 497862 oe:zic D 0.00 '.i ~. ~n,..,.,~ - . Y~ MINUTES of the Pitkin County Board of Adjustment May 04, 2004 Members Present: Rick Head, Co-Chair Mike Cooper Deanna Olson Members Absent: Jim Riflcin, Co-Chair Bob Throm Taber Sweet, Alternate 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 yard setback variance for the construction of a deck that exceeds 30 inches in height. This application was tabled from the April 6`h 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 OOOUO"6 •~ 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 Pibums 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 Boazd of several letters in the file from neighboring properties offering support for 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 hardship 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. ****~*****~*****:**x*******x~*****x**a*r****ms**s*****s*********~***x*s^ Respectfully submitted, L Acting Secretary ~~a9•ay Date Approved as submitted Approved with note ) R'ck ead, Co-Chair ~~ Date OODU07' Nancy White 1'O Boz 220 Snowmass CO 81654 (970)923-5923 April 15, 2004 To: Keith Webster Reference: Side Yard Setback Variance for 183 Yellow Brick Lane (Case 03-20040) This letter is regarding the planned deck proposed for Josh Frieman. In the County Board Meeting on April 6'" I stated my concerns that the proposed deck would not encroach on my property line. I spoke with Don Scarrow he stated that being the N.E. comer of the Frieman house is 10.8 feet from my property line it will not pose as an encroachment He also stated that the N.W. corner being 18.9 feet would not encroach. sincerely, \ ~ a ~ N y Wh cc: ~ aA~,t~ R ~~~C~A ~ ~ ~2'fZ._ 000008 MINUTES Meeting of the Pitkin County Board of Adjustment Apri16, 2004 Members Present: Mike Cooper Bob Throm, Acting Chair Deanna Olsen Taber Sweet, alternate Members Absent: Rick Head, Co-Chair Jim Rifkin, Co-Chair Staff: Joanna Schaffner, Zoning Officer and acting secretary Throm opened the meeting at 5:35pm. Throm asked Schaffner to explain the voting requirements as only four members were present. Schaffner read from Section 7-10- 030C2 of the Land Use Code, which states, "The concurring vote of four members of the Board of Adjustment in the case of a five (5) member Boazd and three members in the case of a four (4) member or three (3) member Board shall be necessary to reverse any order, requirement, decision, or determination or to decide in favor of the applicant.". Ol- 2004 DePalma, Charlotte Lot 5, Filing 1, Mountain Valley Subdivision Stan Mathis was present to represent the applicants, John Elmore, John McCormick and Charlie Podolak. The applicants, all of whom were present, aze purchasing the property from Ms. Chazlotte DePalma, who has granted permission for them to precede with his request fora 60 foot Arterial Highway setback variance where 100 feet is required from the East Highway 82 right-of--way, for the construction of a duplex. The pazcel contains 18,955 square feet and is zoned R-15-A. Mathis showed the Board the location of the property on the plat of the Mountain Valley Subdivision. There is currently an existing duplex on the site located approximately 52 feet way from the highway. About another 30-40 feet further into the lot, there exist slopes in excess of 30%. The existing duplex is built into the hillside, but the new house cannot encroach any more into the slopes because of 1041 concerns. The proposed duplex will cover the existing envelope, but will be lazger than the existing duplex. Mathis stated that a variance is necessary due to topographic constraints and due to downzoning, as the 100 foot setback requirement was not in effect at the time the subdivision was created. Throm asked who prepared the topographic map. Mathis replied that the surveyor was David McBride. Throm then asked if anything was received from any of the neighbors. Schaffner stated that a letter was received from the Homeowner's Association which oooocs . stated that they have met with the two adjacent property owners and that they (the HOA) will not oppose the variance request. Throm then asked if the Notice of Posting has been submitted, to which Schaffner replied, "yes". There was no discussion by the Board. Cooper made a motion to approve the request as submitted due to topographic hardship and downzomng. Olsen seconded the motion and it passed 4-0. 02-2004 Bergen, Frank 201 Conundrum Drive Greg Peters was present to represent the owner, Frank Bergen, requesting a 26 foot Front Yazd Setback variance where 50 feet is required on this 3.6 acre lot in the AFR-10 zone district, for the construction of an addition to asingle-family residence. Peters withdrew this application after it was noticed that the proposed addition was incorrectly drawn. A variance was not needed. Schaffner told Peters that a refund would be issued. Cooper requested that meetings no longer be held on the third floor of City Hall as the meeting room is too hot and too cramped. Schaffner stated that future meetings will be held in the Commissioners Meeting Room in the County Courthouse. 03-2004 Frieman, Josh 183 Yellow Brick Lane Keith Webster was present to represent the owner, Josh Frieman, requesting a 10 foot side yazd setback variance where 20 feet is required for this 2.28 acre pazcel in the RS-30 zone district, for the addition of a deck that exceeds 30 inches in height. Webster explained that the site is located at the intersection of Rural Mountain Way and Yellow Brick Lane at the top of Shield O. The existing residence has an exterior door on the second floor that goes to nowhere. The applicant wishes to construct a second story deck so that the door can be used as an exit. The house was built to within 10 feet of the lot line. It is uncleaz how the house was approved in the setback. The 20 foot setback is located on the other side of the door, so compliance with the setback renders the door unusable. A variance is also required for a little roof over an existing deck on the front side. Throm asked if anything had been submitted from any of the homeowners. Schaffner stated that she met on the site eazlier that day with Nancy White and Doug Jenkins, two adjacent property owners that had very different issues with the proposal. ~~~~Zl~ Adjacent property owner, Nancy White was present to object to the request. White was concerned that the applicants house encroaches onto her property, and she was opposed to any further improvements being made on her property by her neighbors. She explained that when she was living out of state back in the 80's, the previous owner of the subject site moved Yellow Brick Lane 10 feet closer to her property. Upon her return, she had a surveyor site the new road, and claims the surveyor told her that the NE comer of the applicants house was on her property. She did not have a survey with her, but asked that she be given time to demonstrate that the encroachment existed. Throm asked what concerned the other neighbor. Schaffner stated that the portion of Rural Way in front of the subject site is a dam road. A lake exists on the opposite side of the road (but has been dry in the last few yeazs) with a release valve under the road to allow the lake to drain across the subject site. Mr. Jenkins manages the irrigation systems on Shield O, and was informed by the State of Colorado Division of Water Resources (DOWR) that the dam has been rated unsatisfactory due to deficiencies that need to be corrected. According to Jenkins, there is an easement across the subject property and the existing house was built within the easement. A pipe is needed to fix one of the deficiencies identified by the DOWR and the pipe needs to go into the easement. The proposed deck location conflicts with where this pipe needs to be installed. Jenkins was concerned that the deck would prohibit him from installing the pipe. A copy of the letter from the DOWR was submitted for the file. Webster pointed out that the letter is dated 1997. Webster had no objection to working azound the pipe installation. Throm suggested that the applicant return in a month with more information concerning the pipe installation and with any survey information obtained by Ms. White. Olsen asked Throm how the Board might resolve two conflicting surveys. Throm asked if the Boazd wished to do a site visit. Sweet and Olsen both expressed a desire to see the surveys. Cooper asked Schaffner if the proposal created any impact to the general public. Schaffner stated that the deck would have no visual impact to the general public. Webster asked, that given an acceptable survey, what is the general sentiment of the Board regarding the variance request. Throm stated that if in fact there aze no encroachments, and there is agreement on the owner's part to install the six inch waterline, he would have no problem. Sweet asked why Throm would grant approval, given that no hardship has been demonstrated. Throm stated that "based on his personal knowledge of this area, there will never be survey information significantly correct that will show where there is a setback or isn't a setback or whether there's an encroachment or not because, knowing the history of this area, people have had ten surveys that don't agree." Sweet asked why we allow construction in the setback without a hazdship being demonstrated. Sweet went on to say that he doesn't see a need for the porch. Don't other options exist? Couldn't the door be relocated? Couldn't the deck be reduced? ODUUli Webster stated that the house was built within the setback and must have been approved that way. Sweet suggested that perhaps the house never received a permit. Throm agreed, saying that was his point. White stated that the house doesn't have a Certificate of Occupancy. "Why continue a bad pattern?" asked White. Olsen stated that it appeazs that the lot lines have shifted after the house was constructed. She'd like to see what could be done to mitigate the side deck. Maybe the portion in the setback could be cut back to soften the impact or the door could be relocated. Throm suggested that Webster consult with his client and maybe then wouldn't have to come back at all. Sweet again emphasized that setbacks are there for a reason, and if they aze not to be respected, then "we should all go home". Sweet stated that he has no pity for people who buy a lot with obvious constraints and then can't build what they want. Cooper explained that setbacks aze to protect neighbors from one another so that they don't build right next to property lines, but also to protect the public. "Basically, at the end of the day, these things aze incredibly arbitrary and they are put in to have some kind of discussion. If there is no impact on the public and the neighbors agree, there is absolutely no reason not to approve it. Government is so much involved in everything you do and puts people through hell just to do the littlest thing to their house, that I think we need to try to be careful to stay out of people's lives when we can." Cooper stated that he was inclined to approve the request based on what Schaffner said (regazding the impact to the public) and if White and Frieman could agree. Cooper stated that if no rules were in place when the house was built, then placing rules on it now is an effective downzoning. Throm agreed. Schaffner stated that the applicant has not demonstrated that they predated zoning. Schaffrier stated that the Boazd could either table the meeting to a date certain at the site, and then decide at the site. Or the meeting could be tabled to a site visit, where no decision is made, and then again tabled to the next regular meeting. Or the meeting can be tabled to next month's meeting. Cooper didn't think a site visit was necessary except to expedite the process for the applicant. Throm thought it was in the best interest of the public to meet on the site. White asked for time to provide the 1989 survey. Webster thought the 1999 survey, being the most current, would be better to use than the 1989 survey. Throm made a motion to table the application until the May 4`s meeting. He requested that White provide a recent survey. Scarrow and Walker could update their existing survey. The motion was not seconded but all seemed in agreement. ODUU12 Cooper asked where was Riflcin? Schaffrier stated that Rifkin was in Arizona and that Head had been in the hospital. Throm made a motion to accept the minutes of the November 2003 meeting as prepared. Cooper seconded the motion and it passed 3-0, with Sweet abstaining as he wasn't at the November meeting. The selection of a new chairperson was postponed until Head and Rifkin could be present. Schaffrier informed the Board that the Co-Chair terms for Head and Rifkin have expired. Patrick McAllister has resigned due to work conflicts. Cooper suggested a new applicant for the Board. Schaffner stated that she just needs to make an application to the County. Throm expressed a desire to have Sweet appointed as a regulaz member. Schaffner stated that only five members are allowed, so unless a member leaves the board or wishes to become an altemate instead of a regulaz member, Sweet has to remain an alternate. Schaffner stated that the Board didn't really need more members since meetings aze held on an irregular basis, and a quorum could still be met with only three members. Schaffner stated that a copy of the adopted Bylaws has been sent to the Board members. These have been changed since the Boazd reviewed them last Fall. Please note that more than two (2) unexcused meetings will result in expulsion from the Board. There being no further business the meeting was adjourned. ***********x*xx********r****~*x*r********:***********s**a*sz*~*x****x**x Respectfully submitted, Approved as submitted L;oning Offiper, c" ~- y-0 Date A proved with e c e(s) h r Ste- -~ Date 000013. PITKIN COUNTY BOARD OF ADJt1STMENT Application Form DATE 3-ID •O REPRESENTATIVE PHONE ~1~"0.3~t • "CQ1!„ E-MAIL ~a~m~~e1~1er~er,.rkl,\~v. .r, \- FAX ~ • 5~1~k•'At~~_ MAILING ADDRESS 3`1\1 sva. ~1(1~ OWNER MAILING ADDRESS LEGAL DESCRIPTION SUBJECT PARCEL ADDRESS id PARCEL ID # Z(d-1S- 1~-{'~-~- 610\ ZONE DISTRICT i S" ~ C~ LOT SIZE Z•2`a ac SIGNATURE (To be completed by the Zoning Department) Requesting: ' Front Yazd Setback Variance, where ' is required. ' Reaz Yazd Setback Variance, where ' is required. ~(' ' ~"Side Yazd Setback Variance, where ~j ' is required. _ Side Yazd Setback Variance, where _' is required. ' Height Variance, where _' is allowed Comments: Application filed ,~-/,~ -G ~{ Refer to Date of Meeting ~/ G " 0 ~-/ Notices Mailed 3 - Z2 - 0 4 OOOOlr: CASE # C~3" ~ d(~ Zoning Officiate ~ Secretary ~G~-~- O,CU W~~rom:~comn,., F.~,w~m. n...~.eb+u~.wowm~.b~~ nwWco..a« To Whom it May Concern, I am requesting an adjustment to the side setback of 20' from the property line to 10' from the property line in order to accommodate the construction of a deck.. The reason for this is twofold. 1) The exiting house is constructed at the 10' setback and as such, may indicate a previous variance for construction. That was the assumption made for the design of the deck. 2) In order to be able to use the current exit door from the kitchen/dining azea that is leading to the deck, the deck has to be built closer to the side property line than allowed currently. The doorway is at the second floor height and is currently not usable. Thank you for your consideration. Sincerely, Keith M. Webster, representing Josh Frieman ODUUIJ Nancy White PO Box 220 Snowmass CO 81654 Phone (970)923-5923 Apri16, 2004 Reference: Side Yard Setback Variance for 183 Yellow Brick Lane (Case 03-20040 This letter is to address the request by Josh Frieman fora 10' Side Yard setback variance where 20' is required on his 2.28 acre parcel in the RS-30 zone district for construction of a deck that exceeeds 30 inches in height. The State Parcel Idenfification Number for this property is 2645- 143-00-019. The reason for this letter is to state that in 1989 approximately, I had Scarrow & Walker do a survey on my property and at that time myself and Mr. Scarrow walked my stake line and found that the Northeast corner of the above stated property sit on my property line. This letter is for the County records and of this date I am in touch with Scarrow & Walker surveying to get a copy of the Survey map done in approximately 1989. ~~ \\~~_ Nancy~te ODUU~U i STATE • OF COLORADO DIVISION OF WATER RESOURCES WATER DIVISION FIVE Office of the State Engineer Department of Vaturai Resources r 50633 115. Hwy. 6 & 24 ~ ~ ~ ~ PO 8oz 396 Glenwood Springs, CO 81602 Phone 19701 945-5665 Roy Romer Enx 19701 vas-a74t August 25, 1997 ~OVer""r lames S. Lochhead Ezttvtive Direaa, DNR Hal D. Simpson Doug Jenkins Sdte Engineer P.O. Box 37 Orlyn ). Bell Drvsio„ Engineer Snowmass, CO 81654 RE: Christenson Dam . ' ~~ -' ~ .> ~'~ Dam ID 380204 Water Division 5 Dear Mr. Jenkins: I understand that you are now the owner's contact for the Christenson Dam. Enclosed is a copy of my report for the safety inspection of Christenson Dam conducted on July 11, 199?. I have rated this dam unsatiafactorv because the outlet is inoperable, a condition which would prevent quick lowering of the reservoir during a dam safety emergency. In addition, the spillway capacity appears inadequate to pass the design flood flow. Given these serious concerns, I have recommended restricting the dam to no storage (i.e., allowing full outlet pipe flow by clearing both ends of the pipe and operating the valve to fully open position or removing the headgate.) Because this dam is a Minor Class III Dam, an order from the State Engineer will not be issued at this time. However, if the condition of the outlet begins to affect the safety of the dam embankment, an order will be issued from thin office. Please note all the recommendations on Page ''L of the inspection report. Conditional full stoi•aee can again be achieved for this dam if the outlet ie completely rehabilitated, a flood hydrology study is performed to determine required spillway capacity, and a new spillway is designed, approved, and constructed. At the restricted level (i.e., no storage), actions required include uncovering both ends of the outlet pipe, permanently opening the outlet valve to the full-open position, if possible, or removing the headgate, if necessary. Also required are monitoring the embankment above the outlet and directing the existing spillway outfall channel away from the downstream slope of the dam. ~U~ul` Doug Jenkins 8e: Christenson Dam--Safety Inspection August 25, 199'7 Page 2 If you have any questions regarding this report, please contact me. Also, please sign, date and return the extra copy of page 2 of the inspection report to the post office address at the top of this letter. 1`hank you for your cooperation. Sincerely, .1~'~/-~-~~--- George H. ear, P. . Division 5 Dam Safety Engineer GHWfghw Enc. cc: Orlyn Bell, Division Engineer Alan Pearson, Dam Safety Branch Joe Bergquiat, Water Commissioner John Blair, Division 5 Dam Safety Engineer ~Q~~1g OFFH:E OF THF. STATE ENGINEER DIVISION OF WATER pAR HARE: CHRISTENSON VEERS INSPECTION REi ~URCES -DAM SAFETY HUNCH IBIS SHERMA "t''' ""~ LL'A98: 3 EPP ON FILE: NR 'rl'+ DAM IO 380204 W.DIV: 5 N.DIST: 38 FOREST ID~ 00000000 LOCATION: Section 14, 95 86W SIXTH ~i CURRENT RESTRICTTII~J97 _ ' ~ °'' HEIGHT: 16.8 FT CREST LENGTH: 100 FT CREST NIDTH: 12.0 FT i 9DHER' ]AN CNRISTEN50N aGDR_;i P.O, 90X 63, INSPECTION PARTY SALT"'i:ANE'G~TY'EUT 84110 REPgESENTINf, TOF- 'E~EEZr+~ ~ATEa,lflE4: BELOWOAM DATE OF LAST INSPECTION: 05/11/90 ''^' Meridian SURFACE AREA 2 AC'±NtAPAG1TY: 11 AF :,. SPILLWAY NIDTH: 1 FT FBD: 4.5 "'-».. CONTACT NAME: ]AN CHRISTENGON , ,.. CONIACT PHONE: ONnai 4: 01604 BELOW GAGE R00 REAOIND ~~ DIRECTIONS: MARK AN E FOR CONDITIONS FOUND ANO UNDERLINE WORDS THAT APPLY ~O°OR~ ODNr FAOEIE^S NOTF1~ ^ IO) NONE ~11) RIPRAP - MISSING. 6PA~ NSE, OISPUCED. WEATHERED ^ (2) WAVE EROSION-WITH SCARPS ^ Il) CRACKS-WITH OtSPLACEMFNT ^ pl SINKHOLE ~j51 APPEARS T00 STEEP ^ 161 OE PgE55lONS OR BULGES ^ (715LIOE5 W ^ IBI CON TE FACING.HOi S, CRAG S. OI ruc UNOER (910 E J ~ ~~.` ~ ~~ ~ Comments _L~"`L S ~__'C/~ !~~ ~ O .-- / O gp T u FIOIIEN! NOTED: ^ 110) NONF ^ (111 RUTS OR PUDDLES ^ (121 EflO510h ^1131 CRACKS ~ WITH DISPLACEMENT ^ t11151NKHOlES ^ I'~5; NOT WIDE ENOUGH ~I161 LOW ARfA ^ 117) MISALIGN E i ^ 181 IMPROPER SURFACE DRAINAGE ^ I191 O1MEP Curnnre~ls ~iG 7 /~ .~ i ~ nv~Sf' ~CLP~ W J ~ 7 ~/,,,A,((OIlFN3 NOTED, ^1201NONE ^1211 LIYESiOLK DAMgGE ^1221 EROSION OR GL'L'Ea ^"gip CgACK$~WITH DISPUCEMENT ^12q SINNNOIE ,ail?51 ePPEARS T00`STEEP ^ 1261 DEPRESSION FOR BULGES ^ 1211 SLIDE ^ ,: ^ 129) OTNEP = / ,; mem5 (T J~J ~!J s/ NS Gff'~ /JVtI S~L'~'.../ .~PN./7. ^ J g s Y FYO/LENS NOlfa: ^ (301 NONE ^ (3i) SATURATED EMBANKMENT AREA ^ i321 SEEPAGE E%ITS ON EMBANKMENT 1331 SEEPAGE E%ITS AT f DINT SOURCE ^ (3q SEEPAGE AREA AT t0E 1351 ROW AWACENi TO OUTLET ^ 136) SEEPAGE INCREASED~MUDOY snow NcaUN1 a Gains m aNilrn Alltl inrNpM .... ............. IBeE~AIa OYTFALLi NEB No ~ Y.t~s _a-mn//~'1- y,E OUaIKY d tlila°rYl. F ^ 137) FLOW INCREASED~MUDOY ^ 1381 DRNN DRV~OBSTRUCIEO 18 (39101HEA SQ~a3faV _!`li]d/.4 /.tin ~1~L w.L~ _L', e ~ .~ _. ... .I ,. PMILENi MTf6 CI 1101 NOME ~(/7I NO OUTLET FOUND ~p21 POOR OPERATING ACCESS ~H3) INOPERABLE ^ IIpUPSTREAM, ON. OOWN$TREAN STRUCTURE. DEiER10RA1Ep p510UTLET OPERATED DURING INSPECTION ^ YES ~NO INTEOMI MNEOrE1 ~j '(E20) NO ^ 1121! YES ^ H6)CONOUIi DETERIOMIEO OR COLUPSEO ^ 1171 JOINi6 DISPLACED ,~.pB)VALVE LEAKAGE ^ N91 OTHER .Y: Gammenl$ I n PNMIENt p1E! ^ 1601 NONE ^ 151) NO EMERGENCY SMLLWAY FOUND ^ 152) EROSION•WO BACILCUTTING ^ (53) CRACK • W17X OISFIACEYENI' ^ 1511 APPEARS i0 >ff. STIIDCTURAILY INAOEOWTE ~ .................'............... ~IS51 APPEARS 700 SMALL ^ 15B) INADEQUATE FREEBOARD 157) FLOW GBBTRIICTED ^15B1 CONCRETE O~1TiENOMTED/UNDERMINED ~Itsm IIYNCA /1iw ~ s~D i+I .. .. .~.. /~ ~._ .. -L,.1 ~.:_!_ _ _ n T~ r. ~ ... . 'a.r;y 1 ~~ W (1 t 11 GAGE R00 ^ (11Z) ^ 72 CONDITtONALIY SATISFACTORY ^ (11U SURVEY MONUMENTS ^ (11610TNER MONITOMNG OF NISTIIUMENTATION: ^ (116) NO ^ 1117)YES PERIODIC INSPECTIONS SY: ^ (t1q OVif1ER ~ (719) ENGINEER PbRORIEMS NOTED: U ISDI NONE U (61) ACCESS ROAD NEEDS MMNTENANCE U 159) CATTLE DAMAGE pI f831 BRUSH ON UPSTREAM SLOPF• CREST, OOWNS7PIEAM SLOPE, J~'IS1)TRE,~,~ES„oN UPSTREAM SLOPE, CREST. DOWNSTREAM SLOPE., (691 RODENT ACTMTY ON UPSTREAM SLOPE CREST, DOWNSTREAM SLOPE. T~ ^ (6610ETEIUOMTEO CONCRETE-FACING. OUTIETI SPILLWAY ^ (67) WTE AND OPERAl1N0 MECNANLSIA NEED MAINTENANCE ^ IM) OTHER _ ~ii$ REMARKS: ~ ~~~~~ '}~.Ty_'"+A.VDUIYYIH L^'['" [7lIL.-•.V -!~_YEi}f2 . C'a4ti1 {~LSo 'RE Ei~~t?~ 1 RQ 1 r~ ,K~T1f ~!-~ 1P ~-c 2w 1 ~LE~V~TS BNSAd oA MN $AI1lY Inspclion aM raCxH INe reNar, Dte Duvall CaMition ip blMmnaO to Oa ^ Ti SAT15FACi0f1Y a~ as ~B-a ~~ •E sg, ~T:F ~~ C 0 v~ 5 .e E UNSATISFACTORY IMPROVE THE SAFETY OF THE DAM rAU1ENAecE • sna efrue - ramuo ^ (e0) PROVIDE AOOITIOHAL RIPRAP _ ^(81~ LUBRICATE ANO OPERATE DUTLEL GATES THROUGH FULL. CYCIE _ ~(82} CLEAfl TREES ANG/e! BRUSH FROM: ~_~ ^ (S3) INITIATE RODENT CONTROL PROGRAM AN PgOPERLY BACKFILL EXIST_1N666 XOLES'._ ^ IM1 GMOE CREST TO A UNIFORM ELEVATION WITH OMINAGE IO TXE UPSTREAM SIgPE ^ (89) PROVIDE SURFACE DRAINAGE FOR ~(e61 MOMITOILp~^Y~iin~HroK~"it~TriAls ~ :f/A:f'~P s~a-Ma REDHES? WAN' . S/U~/-Fi it ) 1681 piNER:(~f,QY/!/~Y,~ evl~psy= ~~ I ~. n{ ~(89) OTNER~IN1~~ S'd/%/c yr e, nufi-Gig.. ,:J,o,>..e~'e/ FSAIAEEAINi ~ Etl7l0Y AM ENSINEEA EIIfAIENCEI IA IEEIEN ANO [OMSr W CDON of AAB T! ^ 190) PREPARE PUNS AND SPECIFICATIONS FOR THE RE NABIL IiA1lON Df THE DAM_ ^ (91) PREPARE AS-BUILT DMWINGS OF ^ (92) PERFORM A GEOTECHNK:AL INVESTIGATION TO EVALUATE THE STABILITY OF TXE ~Q (97) PERFORM A HYDROLOGIC STUDY TO DETERMINE REQUIRED SPILLWAY S~ZE. (911 PREPARE PIANS AND SPECIFICATIONS FOR AH ADEQUATE SPIILWRY:~ ^ 196) PERFORM AN IN ERNAL 15 ~ TION OF THE 197) OTHER: ~ /A~'t/ / ~ /J ^(98) OTHER:, ^{99) OTHER: DAM (Plans d SOecilicali0~ must Oe apDrov<4 Oy State En9inaer aKK to tOn5INCIiM) SAFE STORAGE LEVEL RECOMMENDED AS A RESULT OF THIS INSVECTION ^ (1011 FUII STOMGE _ FT. tlftOw DAMS CREST ^ (T OZt CONDITIONAL FULL S10RAGE RESTgICTEO LEVEL FT. BELOW SPILLWAY CREST OFfICUI ORDER TO FOLLOW (103) RECOMMENDED RESTRICTION FT. GAGE NEIGNY ~NO STORAGE-MAINTAIN OUTLET FULLY OPEN) /{FfB,e GLEf~2/A/G ~' E gF~aRr/NCT VM..v gEASON FOR RESTRICTION:~~~~•F'rA'LR F !~lGT ©/~ RE/FlOY1YA/(~ A'I'Er AMO /A//FL~~LV4r~' ~SP// LL7R1! LT ACTIONS REOUnEO FOR LQNTINUE9 STDRACE Ai TXE RESTRICTED LEVEL. ~?,~y ~11jQalrrBS,~Q~~~~ :za t DAM ID ' ~~d~ DAM -~'.~a- ~_ .... _ ~- _,~f ~ ~ ~~ ~~~ __ s/ors , _.+ ~. _. *~' _ ~~_- ~ ~ 1 .,~ ? ~- . ~._ ~ i - _Ii 7-- -~- /~~;11 °_: g.. ~/ 1 ~ II + L ... _ i _ I _ ' _ •-- -- -- ~ ' _ _ L-.. ~ ..i i .. . ___ _ __ +.. ' _ J ~ ~C!,~V1L I __. i . ._ r ~__. _ _,. - 1 ~ ~ - t ___ 1 .._ __ ~ _ ~_ _ i `~ --1- i ~ ' R -- - _ _ ( a ~_ --~ ~, ~ ~ - ~. Tr:c c rGUS (NSPEGT f_'~"'`~ __ I _ j i j i j _. I .- ~ - _ - -, _ . _~. -~ - ~ . ~ __-- - - -._...__.,.,...f.., r. _ ~ - - - 3 -; p ~ .... ~..{. 1 .e...... _ .~~. ~ ~ ~._. ... . . I ._ - i _.f__ __ I i .r~_. S _. 1 ___. i ~ __ - ~.,1 ~: ~ ~ ~ ~ y ~ ~ F. .. _ _ _._ ~ - j- _ , 000021 DAII _- DAM LO.: 7 pG ,'...,._.. ..pA~l~fi EXISTING NISTRUM[NTATON fOUNO (110) ~ (111) SHOE ROO (112) PIEZOYE7ERS ^ EEPAOE WEIRSR'LUMES ~". G7 (t1A} SURVEY MONUMENTS ^ pt6T OTHER MOINYORING OF INSTRUMENTATON: ^ pi8jN0 ^ (111)YES pERIODM; INSPECTNINS BY• ^ (11Sj OWNER ^ (ISO) ENGINEER Cttnw~lttA ~" I H 1PnROBLEMS NOTED. ^ (60) NONE ^ (61) ACCESS ROAD NEEDS MAINTENANCE B2) CATTLE DAMAGE uQ pJ (63) tlRUSN ON UPSTREAM SLOPE CREST, DOWNSTREAM SLOPE J,g(6/)1RE~Eg pR UPSTREAM SLOPE CREST, DOWNSTREAM SLOPE. T.~OF,_ (B51 RODENT ACTIVITY ON UPSTREAM SLOPE CREEL DOWNSTREAM SLOPE, ^ (BS) OETERIOMTED CONCRETE•FACING, OURE7, SPILLWAY 0.7167) GATE ANO OFERATIN6 MECNANLSM NEED MAINTENANCE ^ ............. .. ~........................................ RNO OTHER L°mmAMS: _ g REMARKS. J=1uE"T°1 'F~QA1olA }N81G,~T ~j i.1/ \/ ~~~~(/~R~ ~A~~ ~.LSo ~E -~- -- ,/-~- _ i~ / • • BxAM Am fNa SNIetY Inapscli°n an0 AAtceM INe nvieW, the °wyl mnOAKtn M ON4NNIIeO b 8e: ^ 71 SATISFACTORY ^ 72 CONDITIONALLY SATISFACTORY 13 UNSATISFACTORY ITEMS REOUIRINQ ACTION BY OWNER ~3a TO IMPROVE THE SAFETY OF THE DAM ~ 3 ~E ^AUTENAKU • NI881 IEPMS - ^IOIIBMNB • B °e` ` ^ 180) PROVIDE ADDITIONAL RIPRAP. •.s~a $~ GS, ^ {81) LUBRICATE AND OPERATE OUTLET GATES TMR UGH ULl CYCLE.__ 8~$g? ~`r871 CLFAR TREES ANDNl BRUSH FROAL~ ~ ~fS S~r~H..'J -'s_ Ea e' ••Q ^ LBO) INrtIATE RODENT CONTROL PFIOGRAM AN PROPERLY BACKFILL EXISTIN~HDLES. ° $` ~ g ^ (H) GRADE LREST TO A UNIFORM ELEVATION WITH ORMNACE 70 THE UPSTREAM SLOPE: __, i~4 E ~g ^ {85) PROVIDE SURFACE DRAINAGE fOR: L e$£ E i96f MONITOR. /'mfLlrl~YhOw~Af1'l//~ a~ ^' ~'/P~ /w_. i'iawlYlu ~.ni rns e. ~ _... _~._ .d t_ t _ 2°±i~ ,~i 1i91 T 2inFR ___ __ I 7 - - r •ct°.. ~ :89i ,'..Er~~/Y ~ (~1{~Lfy-.LCYlJ-1~ /1P S ~: ~ g °~- ENi1NEF ^ 1901 AnT ENILif AN ENOINEEI FIPERIENCEC 18 CECI2N ANC CONBTIUCTION OF CANT iPie^t 8 9pec~tmalgo mull Oe apOroveO M Slale EnOmp;r qim 1° consductim) FoEPgRE P N ~'yY~ ` LA E ANO SPECIFICATIONS FOP THE REHABIUUTION OF 7NE DAM: __ ee2 ?~ ^ 191) PREPARE AS-BUILT DRAWINGS OF: >a~i~£ ^ (92) PERFORM A 6EOTECNNICAL INVESTIW710N TO EVAIWTE THE STABILITY Of THE DAM' ~~S er~ ~t9J1 PERFORM A HYDROIOSIC STUDY TO DETERMINE REWIRED SPILLWAY S~ZE: {n ~ i ~ ~(9e) _ PREPARE fl ANS AND SPECIFICATIONS FOR AN ADEOWTE SRIILWAY: o t s g8r~ i ~~ P /Y37 +'-9~ •!'e_° ^ 1961 PERFORM AN IN~ERNAI INSPECTION OF THE WTLET~ `nE+~$ Ja f97) 7/ OTHER'. j"ri1.~.~~_~~ / +: °~i e= ~tl ^ 198) OTHER: ^(991 OTHER SAFE STC ^ 11011 FOIL STOMGE tt~^AA 1102) CONDITIONAL FULL STORAGE .~1 1001 RECOMMENDED RESTRICTION LEVEE M RESTRICTED LEVEL -FT tlELOW DAMS CREST OFFICIAL ORDER TO FOLLOW FT~ BEIOw SPILLWAY CREST FT GAGE HEIGHT ~NO SiORAGE~MAINTAIN OU fLET FULLY OPEN) /IFfE'R„ CLEH2/NOT A°~'ia' ~N1)5 oy t7i E ~¢/PTfA/CT /AA.vt REASON FOR RESTRICTION:~/S~DI~.E°•¢/R/ G lJli-s'~i ~ -_ p~ YQ~/KO7JlA,/~ ~~f~ EF1D /A//f~3F_~l.I'~/d197'F__ -S~/~ / 9.4~_ _ /~ ACTNL813 REODIRED FOR CONTINUED STORAGE AT THE RESTRICTED LEVEL ..T SZ ~y l~-+ /~~ ~6~q UUU22 CHRISTENSEN JAN R JENKINS DOUGLAS A MCABERY ROBERT PO BOX 63 PO BOX 37 PO BOX 308 SALT LAKE CITY, UT 84110 SNOWMASS, CO 81654 SNOWMASS, CO 81654-0308 STERN TIBOR & HANA 1071 HARBOUR CT HOLLYWOOD, FL 33019 WHITE NANCY PO BOX 220 SNOW MASS, CO 81654 ODUU23 s 0 ~ ~ J~ F ~o v ~~ v'' (,' °~ f r f '~ ''~ ODUU24 AGENDA PITKIN COUNTY BOARD OF ADJUSTMENT' Apri106, 2004 5:30 P.M. Thud Floor City Hall L LETTER OF RESIGNATION FROM PATRICK MCALLISTER II. CASELOAD: 01-2004 DePahna, Charlotte Lot 5, Filing 1, Mountain Valley Subdivision Requesting a 60 foot Arterial Highway setback variance where 100 feet is required from the E. Highway 82 right-of--way, for the construction of a duplex residence. The pazcel contain; 18,955 square feet and is zoned R-15-A. 02-2004 Bergen, Frank 201 ConundrumDrive Requesting a 26 foot Front Yazd setback variance where 50 feet is required on this 3.6 acre lot in the AFR-10 zone district, for the construction of an addition to asingle-family residence. 03-2004 Frieman, Josh 183 Yellow Brick Lane Requesting a 10 foot side yard setback variance where 20 feet is required for this 2.28 acre pazcel in the RS-30 zone district, for the addition of a deck that exceeds 30 inches in height. III. BY-LAWS FOR BOA ADOPTED BY BOCC: TV. SELECTION OF NEW CHAIRPERSON: V. MINUTES: Please be prepazed to commenUapprove minutes from the November 4, 2003 meeting. PLEASE CONTACT JOANNA AT 920-S1OS TO CONFII2M YOUR ATTENDANCE 000025 County of Pitkin } AFFIDAVIT OF NOTICE BY POSTING } ss. OF A VARIANCE HEARING BEFORE State of Colorado } THE PITHIN COUNTY BOARD OF ADJUSTMENT The undersigned, being first duly sworn, deposes and says as follows: I, _Q ~ ~~ , ~ .Qh~p,/ ,being or representing an Applicant before the Pitkin County Boazd of Adjustment, personally certify that the attached photograph fairly acid 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 sign was posted and visible continuously from the 22"~ day of ~ ~ ~, ,c ~., , 2m~, to the ~~ day of , 200 (Must be posted for at least nine (9) full days before the hearing date). ~j, Zt-1~~ _ , Appli a re Subscri ed and sworn to before me this ~__ ',day of _, 20~, by K~ - \ , M,fe-er- (;WITNESS MY HP,ND AND OFFICIAL SEAL. '~vly Commission expires: L_ 8~~ _._-- Igo ublic's Signature 'Address 0000~~ PUBLIC NOTICE RE: Side Yard Setback Variance for 183 Yellow Brick Lane (Case 03-2004) NOTICE IS HEREBY GIVEN that a public hearing will beheld on Tuesday, Apri16, 2004, to begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the Commissioner's Meefing Room in the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Boazd of Adjustment, to consider an application submitted by Josh Frieman, requesting a 10 foot Side Yazd setback variance where 20 feet is required on this 2.28 acre parcel in the RS-30 zone district for the construction of a deck that exceeds 30 inches in height. The State Pazcel Identification Number for this property is 2645-143-00-019. 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 March 27, 2004 Pitkin County Account No. 002.02 000027 Adjacent property owner, Nancy White was present to object to the request. White was concerned that the applicants house encroaches onto her property, and she was opposed to any further improvements being made on her property by her neighbors. She explained that when she was living out of state back in the 80's, the previous owner of the subject site moved Yellow Brick Lane 10 feet closer to her property. Upon her return, she had a surveyor site the new road, and claims the surveyor told her that the NE comer of the applicants house was on her property. She did not have a survey with her, but asked that she be given time to demonstrate that the encroachment existed. Throm asked what concerned the other neighbor. Schaffner stated that the portion of Rural Way in front of the subject site is a dam road. A lake exists on the opposite side of the road (but has been dry in the last few yeazs) with a release valve under the road to allow the lake to drain across the subject site. Mr. Jenkins manages the irrigation systems on Shield O, and was informed by the State of Colorado Division of Water Resources (DOWR) that the dam has been rated unsatisfactory due to deficiencies that need to be corrected. According to Jenkins, there is an easement across the subject property and the existing house was built within the easement. A pipe is needed to fix one of the deficiencies identified by the DOWR and the pipe needs to go into the easement. The proposed deck location conflicts with where this pipe needs to be installed. Jenkins was concerned that the deck would prohibit him from installing the pipe. A copy of the letter from the DOWR was submitted for the file. Webster pointed out that the letter is dated 1997. Webster had no objection to working azound the pipe installation. Throm suggested that the applicant return in a month with more information concerning the pipe installation and with any survey information obtained by Ms. White. Olsen asked Throm how the Boazd might resolve two conflicting surveys. Throm asked if the Boazd wished to do a site visit. Sweet and Olsen both expressed a desire to see the surveys. Cooper asked Schaffiier if the proposal created any impact to the general public. Schaffner stated that the deck would have no visual impact to the general public. Webster asked, that given an acceptable survey, what is the general sentiment of the Board regazding the variance request. Throm stated that if in fact there are no encroachments, and there is agreement on the owner's part to install the six inch waterline, he would have no problem. Sweet asked why Throm would grant approval, given that no hazdship has been demonstrated. Throm stated that "based on his personal knowledge of this area, there will never be survey information significantly correct that will show where there is a setback or isn't a setback or whether there's an encroachment or not because, knowing the history of this area, people have had ten surveys that don't agree." Sweet asked why we allow construction in the setback without a hazdship being demonstrated. Sweet went on to say that he doesn't see a need for the porch. Don't other options exist? Couldn't the door be relocated? Couldn't the deck be reduced? 000031 Webster stated that the house was built within the setback and must have been approved that way. Sweet suggested that perhaps the house never received a permit. Throm agreed, saying that was his point. White stated that the house doesn't have a Certificate of Occupancy. "Why continue a bad pattern?" asked White. Olsen stated that it appeazs that the lot lines have shifted after the house was constructed. She'd like to see what could be done to mitigate the side deck. Maybe the portion in the setback could be cut back to soften the impact or the door could be relocated. Throm suggested that Webster consult with his client and maybe then wouldn't have to come back at all. Sweet again emphasized that setbacks are there for a reason, and if they aze not to be respected, then "we should all go home". Sweet stated that he has no pity for people who buy a lot with obvious constraints and then can't build what they want. Cooper explained that setbacks aze to protect neighbors from one another so that they don't build right next to property lines, but also to protect the public. "Basically, at the end of the day, these things aze incredibly arbitrary and they aze put in to have some kind of discussion. If there is no impact on the public and the neighbors agree, there is absolutely no reason not to approve it. Government is so much involved in everything you do and puts people through hell just to do the littlest thing to their house, that I think we need to try to be cazeftil to stay out of people's lives when we can." Cooper stated that he was inclined to approve the request based on what Schaffner said (regarding the impact to the public) and if White and Frieman could agree. Cooper stated that if no rules were in place when the house was built, then placing rules on it now is an effective downzoning. Throm agreed. Schaffner stated that the applicant has not demonstrated that they predated zoning. Schaffner stated that the Board could either table the meeting to a date certain at the site, and then decide at the site. Or the meeting could be tabled to a site visit, where no decision is made, and then again tabled to the next regular meeting. Or the meeting can be tabled to next month's meeting. Cooper didn't think a site visit was necessary except to expedite the process for the applicant. Throm thought it was in the best interest of the public to meet on the site. White asked for time to provide the 1989 survey. Webster thought the 1999 survey, being the most current, would be better to use than the 1989 survey. Throm made a motion to table the application until the May 4`s meeting. He requested that White provide a recent survey. Scanow and Walker could update their existing survey. The motion was not seconded but all seemed in agreement. 00003U stated that they have met with the two adjacent property owners and that they (the HOA) will not oppose the variance request. Throm then asked if the Notice of Posting has been submitted, to which Schaffiier replied, "yes". There was no discussion by the Boazd. Cooper made a motion to approve the request as submitted due to topographic hardship and downzoning. Olsen seconded the motion and it passed 4-0.' 02-2004 Bergen, Frank 201 Conundrum Drive Greg Peters was present to represent the owner, Frank Bergen, requesting a 26 foot Front Yard Setback variance where 50 feet is required on this 3.6 acre lot in the AFR-10 zone district, for the construction of an addition to asingle-family residence. Peters withdrew this application after it was noticed that the proposed addition was incorrectly drawn. A variance was not needed. Schaffner told Peters that a refund would be issued. Cooper requested that meetings no longer be held on the thud floor of City Hall as the meeting room is too hot and too cramped. Schaffner stated that future meetings will be held in the Commissioners Meeting Room in the County Courthouse. 03-2004 Frieman, Josh 183 Yellow Brick Lane Keith Webster was present to represent the owner, Josh Frieman, requesting a 10 foot side yazd setback variance where 20 feet is required for this 2.28 acre parcel in the RS-30 zone district, for the addition of a deck that exceeds 30 inches in height. Webster explained that the site is located at the intersection of Rural Mountain Way and Yellow Brick Lane at the top of Shield O. The existing residence has an exterior door on the second floor that goes to nowhere. The applicant wishes to construct a second story deck so that the door can be used as an exit. The house was built to within 10 feet of the lot line. It is unclear how the house was approved in the setback. The 20 foot setback is located on the other side of the door, so compliance with the setback renders the door unusable. A variance is also required for a little roof over an existing deck on the front side. Throm asked if anything had been submitted from any of the homeowners. Schaffner stated that she met on the site earlier that day with Nancy White and Doug Jenkins, two adjacent property owners that had very different issues with the proposal. 000029 MINUTES Meeting of the Pitkin County Board of Adjustment Apri16, 2004 Members Present: Mike Cooper Bob Throm, Acting Chair Deanna Olsen Taber Sweet, alternate Members Absent: Rick Head, Co-Chair Jim Rifkin, Co-Chair Staff Joanna Schaffner, Zoning Officer and acting secretary Throm opened the meeting at 5:35pm. Throm asked Schaffner to explain the voting requirements as only four members were present. Schaffner read from Section 7-10- 030C2 of the Land Use Code, which states, "The concurring vote of four members of the Board of Adjustment in the case of a five (5) member Boazd and three members in the case of a four (4) member or three (3) member Boazd shall be necessary to reverse any order, requirement, decision, or determination or to decide in favor of the applicant.". Ol- 2004 DePahna, Charlotte Lot 5, Filing 1, Mountain Valley Subdivision Stan Mathis was present to represent the applicants, John Elmore, John McCormick and Chazlie Podolak. The applicants, all of whom were present, aze purchasing the property from Ms. Charlotte DePahna, who has granted permission for them to precede with his request fora 60 foot Arterial Highway setback variance where 100 feet is required from the East Highway 82 right-of--way, for the construction of a duplex. The pazcel contains 18,955 squaze feet and is zoned R-15-A. Mathis showed the Boazd the location of the property on the plat of the Mountain Valley Subdivision. There is currently an existing duplex on the site located approximately 52 feet way from the highway. About another 30-40 feet further into the lot, there exist slopes in excess of 30%. The existing duplex is built into the hillside, but the new house cannot encroach any more into the slopes because of 1041 concerns. The proposed duplex will cover the existing envelope, but will be lazger than the existing duplex. Mathis stated that a variance is necessary due to topographic constraints and due to downzoning, as the 100 foot setback requirement was not in effect at the time the subdivision was created. Throm asked who prepazed the topographic map. Mathis replied that the surveyor was David McBride. Throm then asked if anything was received from any of the neighbors. Schaffner stated that a letter was received from the Homeowner's Association which OODU28 Cooper asked where was Rifkin? Schaffner stated that Rifkin was in Arizona and that Head had been in the hospital. Throm made a motion to accept the minutes of the November 2003 meeting as prepazed. Cooper seconded the motion and it passed 3-0, with Sweet abstaining as he wasn't at the November meeting. The selection of a new chairperson was postponed until Head and Riflcin could be present. Schaffner informed the Boazd that the Co-Chair terms for Head and Rifkin have expired. Patrick McAllister has resigned due to work conflicts. Cooper suggested a new applicant for the Boazd. Schaffner stated that she just needs to make an application to the County. Throm expressed a desire to have Sweet appointed as a regulaz member. Schaffner stated that only five members aze allowed, so unless a member leaves the boazd or wishes to become an altemate instead of a regulaz member, Sweet has to remain an alternate. Schaffner stated that the Boazd didn't really need more members since meetings aze held on an irregular basis, and a quorum could still be met with only three members. Schaffner stated that a copy of the adopted Bylaws has been sent to the Boazd members. These have been changed since the Boazd reviewed them last Fall. Please note that more than two (2) unexcused meetings will result in expulsion from the Board. There being no further business the meeting was adjourned. *~*-:*.*******************s*xs*s****~*~***~*-*~x^****x**r*r**s***s*axsms Respectfully submitted, Approved as submitted L;oning Offiper, C ~' y-0`f Date A roved with e c e(s) h r -~ Date 000032 i .: ~IMUNITY DEVELOPMENT DEPAR~NT 130 South Galena Street Aspen, Colorado 81611 ' (970) 920-5526 Pitkin County Land. Use: 172 Board o(Adjustment ~~~' 159 County Land Use Cndc 173 Deposit 174 F1aL Fee 162 Zoning and Sign 166 Public Notice 160 Planning Enforcement Referral Fees: RB115 Access Permit 210 Airport LUCOl County Clerk 211 County Engineer 194 Environmental Health 208 Historic 19S 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 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 151 Aspen Sanitation 152 AV FD Fire Marsha] Other Fees: 155 Use Tax 165 Copy Performance Deposit 185 Park Dedication 186 Pazking Cash in Lieu IS GIS Requirements '~ B1202 Road Impact Fee B1203 School Impact Fee TOTAL .-'J~ ADDRESS/PROJECT:. CASE/PERMIT#: # OF COPIES: