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Home My WebLink Aboutpitkin.boa.04.02' pANaEeId: 2911-021-00-002 DATE~RGVD:~ 3/2/2004 SCgpfE$: 11 GA$E Nq 02-2004 CA'$ENAN~' Frank Bergen Front Yard Setback PCNR: Joanna Schaffner pRD3AD 201 Conundrum Drive CA$ETYp: Front Yard Setback $'Ct~p$;~""" OWNtApP: Frank Berge. ADR 130 Seven Hills Dr. C/$/Z. Boulder, C~ O 80302 pMN: REW. Scott Lindenau & Kevin Heat ADR' 555 N. Mill St. C/5 ~ Aspen, CO 81611 PN~I 920-9428//7822 F DtJE: $525 FEE$ RGVD, $525 #16684 REFERRAL$~none REF ,BY~ DUE: NlTQ'DA7E 'REV BgDY PH NgTIGED. ; ' 4/6/04 BOA yes 3/20/04 PATE-gF~FINALiAGT1gN: 4/6/2004 RENUIRK$ public notice mailed 3/12/04/jV/WITHDR4WN DATE CLO$Eq: 7/9/2004 BY: Janis Taylor ODUU 1 ~-~ ~ 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 Boazd 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 DePalma, 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, are 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 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 0000 2 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 Boazd. Cooper made a motion to approve the request as submitted due to topographic hazdship and downzoning. Olsen seconded the motion and it passed 4-0. OZ-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 noficed 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 earlier that day with Nancy White and Doug Jenkins, two adjacent property owners that had very different issues with the proposal. 0000 3 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 appears 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 azbitrary 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 cazeful to stay out of people's lives when we can." Cooper stated that he was inclined to approve the request based on what Schaffiier 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. Schaffiier 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 regulaz 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. 0000 4 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 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 Boazd regazding 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 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 azea, 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? ~U~~ O Cooper asked where was Riflcin? Schaffner stated that Riflcin 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 selecfion of a new chairperson was postponed until Head and Riflcin 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 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 alternate 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 irregulaz 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 Fail. Please note that more than two (2) unexcused meetings will result in expulsion from the Boazd. There being no further business the meeting was adjourned. Respectfully submitted, Approved as submitted <~~oning~=~r~~"~~ ~' ~- y-o~{ Date A proved with c e(s) h r S - -o Date 0000 6 M ~ DATE'RCVp: ~ 3/2/2004 # CihP~:111 CA8B.NA~IE, Frank Bergen Front Yard Setback PLNR: Joanna Schaffner p1~0$;AbpA: 201 Conundrum Drive C,A88 TYi+: Front Yard Setback g7~pg;~" . ~ ' .u..o:..::..~...m... REP7ScoH L ndenaa & Kevin Heat A0~ 555 NeMill Stlls Dry` C 812., Aspen rCO 8161302 PSI 920-9428//7822 FEEB pUB: $525 $ $525 #16664 R~ none REF 8Y pUE:~ N/T.fi'DATL RHY 80pY' PI# NQTK:FiD 4!6/04 BOA yes 3/27/04 GATE pF FINAL ACT1pN:~ RCB public notice mailed 3/12/04/jt pA'tE4Y:p8Ep: ~~ 8Y: Isabel Calderon OOOU 7 PITKIN COiTNTY ~ ~9 ice-, ~~ ~~.~ BOARD OF ADNSTMENT Application Form ~w~f' DATE 3 0{ 04 ~ 7 (~~ 'L I Z REPRESENTATIVE rv"NCIa E3 A~C~IhI S PHONE `120' ~`F'~$ ) E-MAIL STVD{O~~ `~1~PRIS. NAT FAX ~L20-' X512 MAILING ADDRESS ~JrJrJ N . (`~I(,d~ 6T. /~SpEP1 (~ ~ ~(p// OWNER F~'~°'f`~~ ~i~{~sN PHONE MAILING ADDRESS I'x~ ~VLN ~l~•~-~ ~', ~V~+~'~ (r0 ~j~~~• LEGAL DESCRIPTION ~-OT ~IZT~.OC*ZI FIl-lN6{ AWN, I I SOU'[~4+GA51'1.E G SUBJECT PARCEL ADDRESS 201 C.ONuNI7'R•UM ~{VE ~~r PARCEL ID#2'~li •OZI•~•~2 LOT SI2 SIGNA DISTRICT ~F ~' ~ ~d (To be completed by the Zoning Department) CASE # O~ -~00 Requesting: ~' Front Yard Setback Variance, where ~' is required. ' Reaz Yazd Setback Variance, where ' is required. _ Side Yard Setback Variance, where _' is required. _ Side Yazd Setback Variance, where _' is required. ' Height Variance, where _' is allowed Comments: Application filed 3 • Z 0 t} n t~ r ~, \ Refer to Zoning Official ~~ ~.pc./CA u C 1/>iisl ,i{ Date of Meeting ~/-!o -0~ •J /~ s~-~ Notices Mailed 3 z O ~ Secretary ry.MY~ 1 a\`~~ Pa~nWihin PInnN~pitl.inWanWmin\Pit baabpPlicdoc 3-1-04 Kevin Heath Studio B Architects. 555 N. Mill St. Aspen, CO 81611 (970) 920-9428 Joanna Schaffner Pitkin County Community Development Dept. 130 South Galena Aspen, CO 81611 Regarding: Bergen Residence at 201 Conundrum Drive, Pitkin County Colorado. Parcel ID# 2911.021.00.0021egal description; lot 112, Block2, filing twn. 11 South, Castle Creek. Dear Joanna; We are requesting a setback vaziance for the Bergen Residence at 201 Conundrum Drive, Pitkin County Colorado. We had designed a home for the Owners back in 2001 and 2002 and even had submitted a permit (#1100-2202) but due to various circumstances at that point in history, the Owners were unable to continue that permit. The original approved plan was to demolish the entire house and construct a new home in the same footprint. They are currently trying to remodel the existing structure which is currently within the setback from the road but not over the building envelope. The required setback is 50'-0 rather than the typica120' because the lot is over 3 1/2 acres. The hardship is that the lot is a narrow sliver along the river and the building envelope is wedged between the minimum distance from the river and the road. The request is to increase the square footage of the home by 71 sq ft. bringing the total to 2340 sq. feet. The increase of area will be on the upper level of the residence under an existing roof overhang and beazing on the existing walls below. We feel that with the concerns of the soils engineer, the current load path of the structure should be maintained and the extension of the new walls should only extend to the plane of the existing. The result will be a minimal impact because we are not increasing the existing footprint. The majority of the remodel will face the creek therefore there is no visual impact on neighbors. The azea will be added to the house in an area that is outside of the 50'-0 required setback. This solution will also allow the problems with the roof deck to be solved. All existing materials will be matched. I have reviewed the file and have attached the relevant land use approvals that Derek Skalko had obtained for the original submission. We have included the existing and proposed plans and elevations Thank you, C Heath. ' B Architects. OUOU U DIItECTIONS TO PROPERTY Drive up Castle Creek Road 4.6 miles from the round about. Take the right onto Conundrum Cr. The first driveway on the right the address is 0201 Conundrum VICINITY MAP BERGEN RESIDENCE NORTH 00001) ~~ i ~~ ~a'a°~~ ~. ~.,~ EXHIBIT A Order Number: ooo2B72s • LEGAL DESCRIPTION A tract of laced situated rithia the boundaries o! N.S.S. No. 112; said X.S.S. No. 112 being located in Section 2, Township 11 Bouth, Raag^ 85 Nea95 Nesteof 6th Prlacipal Meridian sad is 9eetioa 35, Township 10 South, Rang Ghe 6th Priaeipal Meridian, described as follows: Beginning at a Foint oe the line Setwean Corner No. 1 and Corner No. 11 of thence Northll 11 "aNesta45. 62teaCNto theeNorth 1 ae of2saidsTownahip llet; South, Range 85 Hest; thence Nest 227.63 feet along North line of said Towaahip 11 South, Range 85 Nnst, to the Nesterly Beak of Castle Cresk~e Nesterly beak of Castle CraekJ, thence South 15°0' Bast 91.18 feet along thence South~5.0' Neat 132.00 feet along Nutnrly bank of CaeapeCaet~J Creek; thence 9outh~l7.0' Bast 220.00 tact along said Nesterly bask thence Bauth 9°22' Neat 53.00 feet along the Nesterly beak of Castle Creek; thanes South 21'06' Nast 120.00 feet along NeetarIy bank of Cantle Creek: thence South 7.37' Nast 176.00 lest along Nesterly bask of Castle Creek) thence Bouth 0.14' Baat 85.00 feet along Naeterly bank of Castle Creek) thence North 75.10' East 53.10 feats thence North 25.14' Baat 84.08 feet) thence North 45.18'Baat 67.00 feet! theses North 22'14' Bast 158.42 test! theaee North 6°42' Bast 115.80 feet; thaace Nozth 19.55' Bast 78.94 feat! thence North 15.3.7' Sast 26.18 feet to a point oa the lies betweaa Corner No. I and Corner No. 2J the lies beeweea Corner No. 1 sad thence Aorth 5.20' Sast 234.15 feet along Cora ar No. 2; theses North 12.49'~Nest 67.73 feet! thence North 9.58' Bast 187.71 feet Co the Point of~Begiaaing, ae hereinbafore described. COUNTY OF PST7CSN, BTATB OP COLORADO. ~_ \~ 468178 1 IIIIIIIIIIIIIIIIIIIIIIIII~III~IIIIIIIIIIIIIIIII005/31O 00009:39f IIIlvlll pgVIS PITKIN CDUNT _. IIII~III~I~I 467197 ~IIIIIIIIIII'IIIIIIII~IIIIIII'lllll R 0 00059080 0 00 Z.39L 11111111 pgVIb pITKIN 0 `0011 Parcel Detail ~ ~ Page 1 of 4 Pitkin County Assessor/Treasurer Parcel Detail Information _A_ssessor/Treasurer ProEerty Search ~ Assessor Subset Query ~ Assessor Sales Search Clerk &_Recorder_Reception_3earch Basic Building Characteristics ~ Tax Infortnation Sales Detail ~ Value Detail ~ Residential/Commercial Impro_vement_Detail ~ Land_Detal Tax Area Account Number Parcel Number Mill Lev 007 R003666 291102100002 24.371 Owner Name and Address BERGEN FRANK PO BOX 8025 ASPEN, CO 81612-8025 Legal Description SUB:WHITSON-BERGEN LOT LINE ADJ DESC: BERGEN PARCEL Location Physical Address: 239 CONUNDRUM RD ASPEN Subdivision: ADJ TSON-BERGEN LOT LINE Land Acres: 3.462 Land S Ft: 0 Property Tax Valuation Information Actual Value Assessed Value Land: 1,100,000 87,560 Im rovements: 382,600 30,450 Total: 1,482,600 118,010 OOOU12 http://www.pi tkinassessor.org/assessor/parcel asp?ParcelNumber=29 1 102 100002 3/1/2004 Parcel Detail r~ u Basic Building Characteristics Number of Residential 1 Buildin s: Number of Comm/Ind 0 Buildin s: Residential Buildin Occurrence 1 Characteristics FIRST FLOOR: 1,612 WOOD DECK: 324 WOOD BALCONY: 321 UNFINISHED GARAGE: 600 2ND FLOOR: 657 OPEN PORCH: 26 Total Heated Area: 2,269 Property Class• SINGLE FAM RES- IMPROVEMEN Actual Year Built: 1968 Effective Year Built: 1985 Bedrooms: 3 Baths: 3.5 Qualit of Construction: GOOD T 12 Exterior Wall: WOOD SD GO Interior Wall: DRYWALL Floor: CARPET Heat Ty e: HT WTR BB Heatin Fuel: GAS Roof Cover: ASP SHINGL Roof Structure: GABLE/HIP Nei hborhood: CONUNDRUM/LIME CREEK Su er Nbad: MROON CASTL CRK Tax Information 000013 ~~ Tax Year ~~ Transaction Type ~~ Amount ~~ Page 2 of 4 http://www.pitkinassessor.org/assessor/parcel.asp?ParcelNumber--291102100002 3/1/2004 ' Parcel Detail ~ . Page 3 of 4 1997 I Tax Amount II $2,191.10 1997 Tax Payment: Whole ($2,191.10) 1997 Interest Charge $65.73 1997 Interest Payment ($65.73) 1998 Tax Amount $2,155.04 1998 Tax Payment: Whole ($2,155.04) 1998 Interest Charge $43.10 1998 Interest Payment ($43.10) 1999 Tax Amount $2,247.42 1999 Tax Payment: First Half ($1,123.71) 1999 Tax Payment: Second Half ($1,123.71) 2000 Tax Amount $2,584.58 2000 Tax Payment: First Half ($1,292.29) 2000 Interest Payment ($25.85) 2000 Tax Payment: Second Half ($1,292.29) 2000 2001 Interest Chazge Tax Amount $25.85 $2,973.18 2001 Tax Payment: First Half ($1,486.59) 2001 Tax Payment: Second Half ($1,486.59) 2002 Tax Amount $2,960.86 2002 Tax Pa ment: Whole ($2,960.86) 2002 Interest Charge $88.83 2002 Interest Payment ($88.83) 2003 Tax Amount $2,876.02 2003 Tax Payment: Whole ($2,876.02) Ton of Page Assessor Database Search_Options ~ Treasurer Database Search Options Clerk & Recorder Database Search Options Pitkin Cou_nty_Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. OUOU14 http://www.pitkinassessor.org/assessor/parcel.asp?ParcelNumber=291102100002 3/1/2004 i ~~ ~~ / / / / V ~ ~~ ~ ~ i . "~;i G~ / '~' // / // / // // /r 1 /1 v 17 ..' // ll - ,-. ~_ / / /--- // / f Tr 4..~' .. ll 1 __ ~ I I 1l ~~ ____ II 111 / . 11 1171 7. ~ :~ II I11~ 11 111 W//i / ~.- II 111 ' / _ A'// //// / // 1 I 11 ~ ~ i 11 11 /// / ~/ /// ~ - II Illr I 1111 / T /// / / 1 1 / I / ~ 1 ~ ' //yl / ~ ~ ~ 1 ~i 1 1 1 1l /I I I I '~ T'" / // I ~1 ~ / i _ ///h - SCALE mn.. n.wr s..v. .I /.~Lt~. i- i1 i / ~ // AL ~ ~ / 1 - LEGEND L NOTES o .r ...u y a r.m r ~p .. ~ p ~- ®mw i.-~.. M 1 rte. o O. ~ -..a ..~. ~ j , ~BPSPL9Y.' 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S 07/37b0'V • `~ ~ ~q N CASTL ~~, L. ~, ~~k ~ ~° ~ ~ ~~ i ~- `_ ~ '~v ~ s 1 ~~ ~,_ ~~ .. ~~ ~ ~ ~ "f-it ~ e ~~ I ~ F ~w \ ~ ~ \ .. Y~ , \~ ~" ~ ~~~ ~~ ~ ~ . ~~ '\~r -~, ~~~ ~~ -~~ i-. ~~~ -~ -~ ~~ .\ ~~~ _~_ ~~- .._ _ ` _~_ ~~ ~ ` ~- -_ .~~ ~o~~ coNUN~RUdI ~~ ODUUlU ~, = 000019 Z H ~_ X w z 0 Q w w O 0 ~~ W J U ~UUUt'U - , ,~~ 36 7 V LZ //r/~ VJ X W Z O w J Cl~~ w 0 v w J Q U W O w O z O Q w J w O 0 :- n v w J U ~9€ {~ ~,{ 00002 s. #~§x ~. • • &ji oe~d 114°s 1 0 W O a O a z 0 Q J W ;, H J WW a U N M Adjacent Property Owners Parecel # 273535400006 CONUNDRUM TRUST C/O VECTRA BANK COLORADO 717 17TH ST STE 300 DENVER, CO 80202 Parcel # 291102401001 GOUDVIS ANNE K GOUDVIS PATRICIA J PO BOX 3646 ASPEN, CO 81612 Parcel #291102100010 MTl'CHELL GEORGE P 10077 GROGANS MILL RD #475 WOODLANDS, TX 77380 Parcel # 273535400003 CARVELLIPETER PO BOX 2377 ASPEN, CO 81612 Parcel # 273535401002 RIVERS FAMILY TRUST 155 MOUNTAIN WOOD LN WOODSIDE, CA 94062-2563 Parcel # 291102100003 WHTfSON LUETTA 50% INT PO BOX 105 ASPEN, CO 81612 ~~~U~~,= DETERMINATION OF THE HEARWG OFFICER OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL OF THE BERGEN 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION Determination No. ~-2002 RECITALS 1. Frank Bergen (°Applicant'~ has applied to the Pitkin County Hearing Offcer for 1041 Hazard Review and Conceptual Submission to establish a building envelope around the existing improvements (residence and septic system) on the property and to allow for the replacement of the existing residence. 2. The property is addressed as 201 Conundrum Drive and is more specifically described in Exhibit A. 3. The property is zoned AFR-]0. The property contains approximately 3.5697 acres (155,494 square feet) and isnon-conforming in size. 4. The Hearing Oflicer, at a duly noticed public hearing on April 16, 2002, reviewed this application, -and at which time evidence and testimony were presented with respect to this application. 5. The Hearing Officer finds that this application proposes development in the best possible location, given the hazards identified on the property. NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that he does hereby grant approval to the Bergen 1041 Hazard Review and Conceptual Submission, subject to the following conditions which shall run with the land and be binding on al] successors in interest: I. The Applicant shell adhere to all materiel representations made in the application, dated October I8, 2001, and public mcetings. 2. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 of the Land Use Code. The site plan shalt also be submitted in a digital format for integration into the County Geographic Information System (G1S). The site plan shall include the following: A. The three existing spruce trees identified in the Colorado State Forest letter dated December 5, 2001, shall be identified on the site plan. 3, W ildfira mitigation shall be as follows: A. Defensible Suace: I. The area around all structures shall incorporate landscaping with wildfire defensible space considerations as follows (NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): Q Q Q U ~ ~t a. With respect to the three existing spruce trees identified by the Colorado State Forest Service, some of the branches of these trees shall be removed so they do not touch any structures. i~IIIIII~IIii~IIIIII~IINIIIIIIIIIIINII~llllllllla~68 =9000=:3~ DetermrnationNo.L-2002 ,. Page 2 b. Any future planting of trees should be done so that any side branches will be no closer than 10 feet measured from the outermost branch. c. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Structural Desiiarr and Construction Requirements; 1. Roofs shall have anon-combustible roof covering on a Class A assembly. Wood shake/shingle roof covering are prohibited in all wildfire hazard areas. Roofs with less then 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the following: a. All roof coverings shall be non-combustible materials as defined in the Uniform Building Code (UBC) 1997 Section 1504 and installed on a Class A roof assembly.. b. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. c. All roof design shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited d_ Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. e. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 2. All vents shall be screened with corrosive resistant wire mesh of one quarter inch maximum. C. Maintenance: 1. Roofs and gutters shall be kept clear of debris. 2. Yards shall be kept clear of all litter, slash, and flammable debris. 3. All flammable materials (including firewood/wood piles) shall be stored on~s parallel contour a minimum of 15 feet away from any structure. Firewood/wood piles shall be stacked on a parallel contour a minimum of I S feet away from all structures. D. Miscellaneous: 1. Fences shall be kept clear of brush and debris. 2. Wood frnces shall not ba connected to the strucWre. 3. Fuel tanks shall be installed underground with an approved container. U Q ~ ~ J I IIIIII III IIIIII IIIIIIII Illlll~cle~l~ IIIIIII IIII IIII a 46rn ze :ez: aer ~? Dererminarian Na. ~-1002 Page 3 4. Each structure shall have a minimum of one 10 Ib. ABC fire extinguisher. 5. Addresses shallbe cleazly marked and visible with minimum2" non-combustible letters and shall be clearly visible at the primary point of access from the public or common access road and installed on anon-combustible post. 6. Any outbuildings or additional buildings shall adhere to the same standards as structures. E. Utilities: 1. Utility lines shall be buried. 4. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, construction parking or staging and vegetation removal or disturbance shall occur outside of the approved building envelope unless otherwise specified in this document, such as necessary wildfire mitigation. Utility extension and maintenance shall occur within the approved building envelope aadlot within the existing driveway aHgnm~at. 5. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. Landscaping and revegetation on the property shall utilize low water (xeriscaping) native plant materials and concepts. 6. The Applicant shall comply with the following wildlife mitigation: A. Wood fencing shall employ 3 reils or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42, inches in height. B. Al] waste storage shall comply with Wildlife Protection Ordinance No. 010-200]. Prior to Certificate of Occupancy, compliance with the ordinance shall be verified. C. Native vegetation shall be preserved outside of the building envelope, with the exception of any thinning and spacing required to accommodate wildfire mitigation. D. No riparian or wetland vegetation shall be damaged or removed. E. Tall, overly mature and standing dead cottonwoods and spruce shall be retained whenever passible as nesting and roosting habitat. F. Any vegetation altered for an access road, utility ]ine or similar use must be replaced with vegetation equal in type and quantity to that being removed according to a mitigation plan approved by the County Wildlife Biologist pursuant to section 3-80-080(A)(q) of the Pitkin County Land use Code. G. Only plant species that aze identified by the Pitkin County Revegetation Guide as being appropriate for wetland or riparian areas, or native species found to occur on site but not listed in the Pitkin County Revegetation Guide, may be introduced into or used for 00002 l11111lllnlllllllfllllll~lllllllllllllllllllll1111111 ~/~08 20~0y 02;3aF R 0.00 D 0.00 ~~. ° ~: Determination Na. '~.Zpp1 Page 4 revegetation of any wetland or riparian area. The planting or introduction of any'other plant species should be prohibited. H. Any areas outside of the building envelope disturbed during construction must be revegetated with native plants according to a revegetation plan submitted by the Applicant and approved by the Natural Resource Division prior to issuance of a certificate of occupancy. The elements of the plan are outlined in the County Wildlife's Biologist letter dated February 27 2002. 1. Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in the area. 7. If the existing septic system needs to be replaced in the future, the Applicant shat l obtain a septic permit from the Environmental Health Department. All sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shall be located within the approved building envelope. g• A fireplace/woodstave application must be fled and approved by the Community Development Department prior to the issuance of a building pit, 9. The App-icant shall comply with ail codes and requirements ofthe Aspen Fire Protection District. 10. Development of 30 inches above or below grade within the required property setbacks requires approval of a variance by the Board of Adjustment. 11. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the comers of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance ofcertifrcate ofoccupane~. 12. The Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for review and approval, prior to the submittal for arty building permits. The plan shall address rho management of runoffduring construction and after constructim is complete. 13. The recommendations in the Geotechnical investigation report conducted by CTL/T'hompson, fnc. shall be followed. This includes mitigation for subsurface conditions, slope stability, retaining walls, garage foundations wall, construction sequence, site earthwork, footing foundation, and surface drainage, A copy of the final version of the geotechnical investigation report shall be submitted prior to the recording of this Determination as it will be Exhibit B. 14. At the time of building permit application submittal, the Applicant shall submit, for review and approval 6y the County Engineer, a Construction Management Plan in accordance with the Asset Management Plan. The Construction Management Plan shall indicate [hat vehicles associated with construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights-of--way. I5. All lighting shall comply with the regulations of the Land Use Coda, 16. Ali development must comply with the provisions of the Pitkin County Noxious Weed Management Plan. O O O 0 L .~ I IIIIN VIII IIIIII ICI VIII IIIIIII VIII III VIII III IIIIO ~6 9 29 2 02:39r 0 - - ~; ~ -Y, Deterntinatran No. ~'~.~002 Page S I ~• The Applicant shall comply with the following standards for development on slopes of greater than 15%; A• Adequate mechanical support shall be provided for cut slopes, B• Adding water which may decrease slope stability shall be avoided, C• Adding weight to the top of the slope shall be avoided. D• Disturbed slopes must be contoured so that they can be revegetated. E• Steepening of existing slopes shall be avoided. F• Cuts, fills, grading and excavation shall be limited to the minimum area needed for construction. 18• Pwsuant to Ordinance No. 022-2000, the Applicant is subject to the Fair Share Requirements and shalt pay a road impact fee as calculated at the time of building permit issuance. 19• Floor area shall be limited to 5,750 square feat exempt from growth managemenk Floor area shall be calculated based on the definition in effect at the time of building permit submittal. 20. Statutory vested rights for the approval contained herein are Land Use Code and Colorado Statutes, subject to the exceptions set forth in~Pidttn County La d Useounty Code, § 4-140 and C.RS., § 24-68- I05, The statutory vested rights granted herein shall expire on April 16, 2005. NOTICE OF PUBLIC HEARING PUBLISHED ~, THE ASPEN TIMES ON THE 16TM DAY OF FEBUARY, 2002. APPROVED AND ADOPTED ON THE 16TM DAY OF APRIL, 2002. VESTED RIGHT NOTICE PUBLISHED ON THE ~*` DAY OF h` 2002 ATTEST: e r~~/~~ ~ Isabel.Calderon, Administrative Assistant APPROVED AS TO FORM; HEARING OFFICER OF PTTKIN COUNTY COLORADO /' ~ James R. True, Hearing Officer Date: '~~23 OZ APPROVED AS TO CbNTENT; ~. ~ John Ely Couu homey 84u- oal- oo _ roe pcoa - oa .~ CindyHoub n, ~- Community Development Director ~ ~ ~ ~ ~ e 1sIIIIII ~I~IIVIII~II TIII IfIII I1nII~II ll~ll 111 (IIIIiRII I~IIa 46 Bo eeesz:aat '_ i ~ ~: • ,~. .. ~~'a°a~ ~, ~.., SXIII9IT A . Order Number: oaalB771 LEGAL DESCRIPTTON R tract o! Iaad situated withta the bomdarte^ o! R.S.B. No. 111; eald 8.a.8. No. ill being located in ero[im 7, Towarhlp 12 Soutb, Raagr 85 Neat o! thr 6th Prlaoipa2 Yrridiaa and Sa 8retion_ 35, Township 10 South, Rmge B5 Nast o! eha 6th Priaaipal Nrrldian, dueribrd as tolIowr: Hrgiaaing at a poiaC m for line batw~m Csrner No. 1 sad Coraar No. 11 at X.8.8. No. 117 rhmoe said Cosner No. 3 bears South 3.17• Earl 138.47 lest; theses North 1.17" Mart l5. 67 teat to the North flee o! said Sowaahip ll South, Range B5 Nest; ~~~ thmee Nert 177.63 fret al mg North Iinr of raid Somrhip 1I 8euth, Range 85 i Nrs L, to tie Nra Grly Hank o! Cu CIr Crgk; thmoe 9out6 15.0' East 91.18 tact along the N~stasly beak of Castle Crrek; ~ thence South 5.0' Nut 132,00 feet along xu terly beak of Castle Czeek; Chraoe South 17.0' seat 770.00 !ut ^lmg uid M~rtrrly bank o! Car tls Creek; Utmee South 4•?1' Neat 53.00 test 4iloag the Nestrrly baak.ot Castle Creek; i khmer South 71.06' N~rt 170,00 fret e3 mg Nartarly beak al Cartlr Creek; ' ((( thmor South 7.77' Nut 176.00 teat along Nutrrly bash o! Cu tle Crrek; ~ thence douth 0.14' But 85.00 tut ^laag Nutrrly bank of Grtle Crrrkt i theses Aortb 73.30• Bast 33.10 te.t; thmae North 75.44' asst 84.08 fret; thence Nosth 45.18'Eut 87.00 ire W thmar Nortbl7•U ' asst 158.47 fret; thence North 6'41' Sast 115.80 fart) thence North 39.55' Bast 78.94 fret; theaee North 15.37' nut 76.18 tert to a point on Che l;aa brtwsm Corner Ne. 1 sad Corner No. 1; thecae North S^70' seat 134.15 tut along thr Iiae brtwem Corarr Ho. 1 and Cosarr No. 7; thmar North 11.49' ~NUt 67.77 tut; thrads North y•S8• au t 187.71 tut to the Polat of Hegiaataq, u brrrinbetose ducribed. COONSY OP PSTICIlT, 9TATZ OP COLORa00. ~H~{ 11 1 467197 ..... . ' ~I~~NI~f1~~~I~~I~~~I~II~~~~l~'I~~~~II~I~~I~I~~~~~~I 0 BSB/08 D 0 00 :39i SILYIP DPY75 P OOOU29 r 555 NoRh Mill Street Aspen, CO 81611 Phone: 970.920.9428 Fax: 970.920.7822 To: Pitkin County From: Derek Skalko, Studio B Architects Faz: Date: 1 a1 B-01 Phone: Pages: Re: 1041 Summary Letter CC: Studio B Architects To PRkin County, I am writing this letter of request in regards to the 1041 Hazard Review and Conceptual Submission for ~ the Frank Bergen property located at 201 Conundrum Drive (PID# 2911-021-00-002) in order to address the following issues: Section 3-70 Water resources have been addressed by the current property. Existing well and septic system with leach field in existence for current home located on property. Section 3-80-040 Beach Resources Management was hired by Frank Bergen for property Inspection. Findings of Beach Resources are included in attached letter to Pitkin County. Section 380-050 Geologic slopes are addressed in topographic maps supplied in package from Aspen Survey Engineers. Section 3-80-070 Issue of wildfire has been discussed at site visit with Vince Urbina from the Colorado State Forest Service. His findings from the site visit are documented in attached letter. Section 380-080 A meeting with Pitkin County biologist Jonathan Loweski was held at the site. He found no concerns due to riparian hab'rtaV wetland issues during the meeting. His official comments will be attached to the 1041 report as @ is forwarded to him in the process. ~~~~J~ 2 - ..~ Section 3-110 Improvements and Services will be addressed as needed during the process. Documentation of well and septic systems are on file for properly with the Pitkin County Environmental Hazard Department. If any questions should arise or supplemental information is necessary, please do not hesitate to contact me. Thank you, Derek Skalko 00003 Pitkin County Planning And Zoning Department 130 S. Galena Street Aspen, Co. 81611 Attention: Lance Clazke Gentlemen: i Box 3646 Aspen, Co 81612 March 26, 2004 This letter is to object to the request for variance from the front yard set-back requirements requested for 201 Conundrum Road. I understand this property is now a 3.6 acre pazcel. There has been no hardship shown within the meaning of the term in zoning matters upon which to base the granting of a variance. I have owned and occupied the property directly across the street, at 300 Conundrum Road, for about twenty five years. The granting of the variance will potentially reduce the ambience of the residential neighborhood intended by current zoning and property values. I have served on a Zoning Boazd, and as a Zoning Board of Appeals chairman, and am a licensed registered engineer in Colorado. Thank you. Sincer ,, T, L, Goudvis RECEIVED MAR 3 0 2004 PITKIN COUNTY ~ ~ ~ ~ 3 ? BUILDING DEPARTMENT December 15`, 2001 To whom it may concern: Please accept this letter as authorization for Studio B and Scott Lindeneau to work on our beha~in all of the activities needed to support the planning, designing and construction of our home at 0201 Conundrum Creek Drive, Aspen. Please call me at 303-517-2781 if I can be of further clarification. Sincerely, '`'`..'' ~~K~ Fr is .Bergen Jr. 000033 AGENDA PITICIN COUNTY BOARD OF ADJUSTMENT Apri106, 2004 5:30 P.M. Third 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 parcel contains 18,955 squaze feet and is zoned R-15-A. 02-2004 Bergen, Frank 201 Conundrum Drive 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 anaddition to asingle-family residence. 03-2004 Frieman, Josh 183 Yellow Brick Lane 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. III. BY-LAWS FOR BOA ADOPTED BY BOCC: IV. SELECTION OF NEW CHAIRPERSON: V. MINUTES: Please be prepared to comment/approve minutes from the November 4, 2003 meeting. PLEASE CONTACT JOANNA AT 92O-S 1OS TO CONFIRM YOUR ATTENDANCE 000034 PUBLIC NOTICE RE: Front Yard Setback Variance for 201 Conundrum Drive (Case 02-2004) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, Apri16, 2004, 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 Frank Bergen, requesting a 26 foot Front Yazd setback variance where 50 feet is required on this 3.6 acre pazcel in the AFR-10 zone district for the addition to asingle-family residence. The State Pazcel Identification Number for this property is 2911-021-00-002. For further information contact Joanna Schafftrer at the Pitkin Community Development Department, (970) 920-5105. Pitkin County Boazd of Adjustment Published in The Aspen Times on March 20, 2004 Pitkin County Account No. 002.02 000033 County of Pitkin } AFFIDAVIT OF NOTICE BY POSTING } ss. OF A VARIANCE HEARING BEFORE State of Colorado } THE PITKIN COUNTY BOARD OF ADJUSTMENT The undersigned, being first duly sworn, deposes and says as follows: I, V Y"'~ ~iJ ~~, Tz-'~~ ,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 hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that t the said sign was posted and visible continuously from the 1 ~~ day of /~1 a.~z ~ , 20 ~ `f to the ~ day of aQ (/~ ~ , 2q~Y'. (Must be ported for at least nine (9) full days before the hearing date). Applicant's Subscribed and sworn to beforeet~ ~~ / day of /C/ ~ , 200 , b f~/~~ ni tf,~/ WITNESS M.~': AND OFFICIAL SEAL. -/D -O7 ~,apTA~Y Notary ' s.~Evat1~'`.a`Q G ~s ~„~/t 4 ~'o ,~ Address ~ / 6 L/ 000030 e ~fJ~~. C~MUNITY DEVELOPMENT DEPAR'I'~T 130 South 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 Riblic Notice 160 Planning Enforcement 5~5 ~~ Referral Fees: RB115 Aecess Permit 210 Airp°rt LUCOl County Clerk 211 County Engineer 194 Environmental Health 2pg Historic 19S Housing 190 Land Management 2pg 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 1r~0 Plan Check 110 Plumbing Permit 130 Reinspection 151 Aspen Sanitation lr~, AVFD Fire Marshal Other Fees: 155 Use Tax 165 Copy Performance Deposit iS5 Park Dedication 1S6 Parking Cash in Lieu IS GIS Requirements 81202 Road Impact Fee B1203 SchoolhnpactFer. b2~~ov TOTAL ADDRESS/PROJECT: # OF COPIES: CASE/PERMITU:~-----.... _