The URL can be used to link to this page

Home My WebLink Aboutpitkin.boa.04.01STAN MATHIS 7515 COAL CREEK CIRCLE WIDEFIELD, COLORADO 80911 719.390.6065 719.391.8199 FAX 970.618.6636 CELL FEB. 15, 2005 PITKIN COUN"I'Y BOARD OF ADJUSTMENT C/o JOANNA SCHAFFNER COMMUNITY DEVELOPMENT DEPARTMENT 130 S. GALENA STREET ASPEN, COLORADO 81612 RE: LOT 5, MOUNTAIN VALLEY SUBDIVISION DEAR BOARD MEMBERS, THE REFERENCED PROPERTY IS ZONED R15-A AND ON FEB 24, 2005 THE BOARD GRANTED A 60 FT FRONT YARD SETBACK VARIANCE DUE TO DOWN ZONING AND STEEP SLOPES. THE APPLICANT IS REQUESTING AN ADDITIONAL SFT SETBACK VARIANCE RESULTING IN A 65 R. SETBACK VARIANCE WHERE A 100R. SETBACK FROM STATE HIGHWAY 82 IS REQUIRED. THERE ARE TWO HARDSHB'S: I. DOWN ZONING: THE 100ft. SETBACK WAS APPLIED TO HWY 82 AFTER THE R15-A ZONE FRONT YARD 30ft. SETBACK WAS ADOPTED. 2. STEEP SLOPES: ANY NEW STRUCTURE BUILT 100R. FROM THE HWY. WOULD BE PLACED ON THE STEEP HILL SIDE AT THE REAR OF THE PROPERTY AND A SMALL BUILDING ENVELOPE RESULTS. THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER. BEST REGARDS STAN MATHIS FOR JOHN ELMORE OUOU01 0-~ 3~" t mz e~ 0 5 I ~~~ ~~ 5 2Y II I ~~ ----- ;,I M ° ~', '~u ~_ J~ Z_ S1 rn II I I T T ~ I' ii W m ~ n m ~ ~ '', ~ ~ m v ~ m O _. tl' I ~ I ~u16- - - Q I - 9 ~ X~ ~ ~~ O~ ICI III pl ___1~_. .._~,I N o ~' ~ II II II I ~ p J C I O z ~h ~~ E~ mR ~~ '~ # L# ~ ii S ?9 ~~ ~ alp ~I~ .~ ~~ ~~ y'~ M ~ 5~„ ~, ,3k~ ~ _e. IIE-5" i Bo Y€" 3`Ns" ~ 0 i~F." 4d,~ ~~ pia ~ ~~ > ~ yl rR ~ !I~ ~ X I~ ~ ~ ~ ~/ i ``;~ i I~ I I \~ /. / I I I ~i~ ~~m m~ mq ''s ~I~ t~~ A n J ~o w ~n a v ti °~ iy~'i m 3 ~ ~ c ~ - o ~ ~ V ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~'~ d ~ ,~ 6` ~ ~ f ~ ~ h m U n m ~~ ~ m ~4~ g may` 6 N ~ z ~ N H ~ ~ ~ $ ~ ~ s, ~ ~ ~o ~ ~ ~~a 76 Q 76 /~ ~ ~ = STAN MATHI S 4Z~01 COLORADO STATEH~'YY 8Z z IP - . ~' ~ s ~ ~ ~ ~ ,iRCHITECff,RE~1NDPLLNNIl~iG ~1Ki1:LOTiMOi,VTAC~6`~1LLEYSIBDNISION ~ ; ~cauatrxtnaEOwt+msr~r~m~su ' nsmx~ans~almpq~r~~aci~uumx PITKKaVVCOINTY,COLOPu1D0 0 0 0 ~ ~° 6 a y ~,a 3RD ~ y ~~ LW F i - ~ ~° ; 7 a ' rn ~ a ~ 4 _~ 3~ 9 ~ o a ~ ~ T ~ ~ = '~ ~ h. ~ o ,: ~ ~ i = N $ z~ 3 ~ ~ ~ ~ p ~ $ ~ ~ g ~ /~ ~ c ~ y C1 o ~ ~ ~ ~ ~ ~ _ N U ~ m v ~ £ i x ~° ~ m g y ~ a? `~ 6 ~ ~ ~ ~ a °~ ~ P 3 ~ ~ ~ ~ ~ F ~ ~ ° ~ k a f ~ F ~~ ~ ~ ~ ~ ?~? f ~ ~ ~ F O ~ ~ ~~ ~~ ` ~ e S ~ ~3 ~ x4 ~„ ~~ ~ ~ L~ ~.: ~, ~ x ~~ ~z ~t Q~ ;~ ~~ ~~ ~~ ~ ., ~~ x ~ ~ ~I~ ~ ` ~ V 1 \- O O z O ~~ ~~j ~~ ~~~ Eta i~ J I vl ~~ 5 2~" I 5' S m W m ~. C7 _~ "., m `~ ~ v o_ D Q ~~~~~~~~ ~~ ~~ ~ ~ o ~~~ z~ i ~~~ y € ~ ~ Y \~ ~ o' ss i I' ~ a I J B'-13; 1 3~-% ~: ~ ~ r ' ~ i i ~ I i ~~ z ~ ~I ~ k ~ I F F ~ I ~ ~~~ ~ ~ ' '' , ~~ ; ~ ~, ; y '~ ' , ~ , ~, ' - - ~ , z~, 1 I~° ~ ~J, 0 [i- ~ o,~ll ~~ O 'IIII ~~; Ill~,iii~i~li IIN ii~l ICI ~ Ii II 4 1 '~I~ ~ ~~ ~ ~ r ` STAN MATH I S 42101 COI ORAI)0 STATEH~~'~8~ ~ ~~ ~ t~ ® ~ ~ ~ ilRCH11f,CfL11E,1NDPI.~NNQvG , ,IKi1,I,OTi,MO[,VT~1L~V~hLLEYSI~BDMSION ~ m,cawaett~a~wo~c~ca~su nunum~gnax~~s~~u,~rm+mo~gr~ixaomd PITKIlVCOLNTY,COLONdDO II- i~ _+ ~ n IF III I10 n .. ~` • • Cooper asked if there was an HOA for Redstone, and whether or not there were any objections to the request. Schaffner stated that there is no HOA and that there were no objections. Cooper made a motion to approve the request as submitted. No hardship was mentioned. Olsen seconded the motion, and the vote passed with all voting in favor. Tbrom made a motion to approve the minutes of December 7, 2004. Olsen seconded the motion and the vote passed with all voting in favor. Head asked staff to write a letter of thanks to Taber Sweet for his service to the Board. Throm asked if we needed more members. Schaffner explained that the Boazd has five members and that usually one alternate is adequate. Cooper suggested that we might need two alternates. Schaffner reminded Olsen that if she wishes to continue her term, she must submit her application. Olsen stated that her application will be sulj miffed after the 17`s of the month. Cooper has already submitted an application for a renewal of his term. Administrative Approval Lot Mountain Valley Fka: DePalma Schaffner explained that the original DePalma request was approved in 2004. Since then a 1041 Hazazd Review was approved that caused the house to shift slightly to avoid the slopes in the back of the lot. The new house location pushes a portion of the deck and overhang into the approved Major Road setback. Since the hazdships (topographic and downzoning) found previously have not changed, and since the additional encroachment is so small, and since there were no objections from adjacent property owners, the Boazd approved this "administrative" approval with a vote of 4-0. There being~no further business before the Board, the meeting was adjourned. **xxs**•******m***rr***x**r**aa**s****s*****x**********~s~*sx*rr*r*x***: Respectfully submitted, J anna S. Sc affner, c ing Secretary 3`~~ Date Approved as submitted Approu d wz~ noted chaiige~sj~ e o- hair .~- 3 -oS Date 000005 MINUTES Meeting of the Pitkin County Board of Adjustment Mazch 14, 2005 Members Present: Rick Head, Co-Chair Bob Throm Mike Cooper Deanna Olsen Members Absent: Jim Rifkin, Co-Chair Staff: Joanna Schaffner, Zoning Officer and acting secretary Head opened the meeting at 5:40pm. This meeting is in lieu of the regularly scheduled meeting of March 1, 2005, which was not held due to a lack of a quorum. Head and Throm apologized to those present for the lack of quorum at that meefing. ~ Koubek, David and Koubkova, Jana 420 Redstone Blvd Lots 33 and 33A, Redstone David Koubek and Jana Koubkova were present to request a reaz yazd setback variance where 10 feet is required on this 7,898 squaze foot lot in the VC zone district for the construction of a detached garage. The Affadavit of Posting was submitted. No one from the public was present to comment on the request. Koubkova stated that the variance is necessary to avoid conflict with existing electric lines that bisect the pazcel. The lines are located 30 feet from the rear setback and aze 16 feet high. The proposed gazage is 20' x 20'. To move the proposed gazage outside of the reaz yazd setback would cause the garage to touch the lines. Behind the reaz lot line is a steep slope. Photos of the site were presented and added to the file. Schaffner stated that a letter from the Redstone HPC has been submitted by Suzannah Reid, stating that the RHPC supports the request for a reaz yard setback, but not for a side yazd setback as originally requested. The letter was read into the record. Koubkova stated that the request for a side yard setback has been withdrawn. Head asked staff if the phone company had an easement across these lots. Schaffner answered that she did not know whether there was an easement, however, she cannot require that development occur outside of the easement. Koubek stated that he contacted the phone company and they were ok with his proposal provided the gazage did not touch the lines. Olsen stated that the request should be for an 8.5 foot variance and not for an 8 foot variance as noticed, since the plans submitted indicate that the stairs aze to be 3'6" in width. Schaffner agreed, and noted that the change could be made by the Boazd without further notice. 000006 STAN MATHIS 7515 COAL CREEK CII2CLE WIDEFIELD, COLORADO 80911 719.390.6065 719.391.8199 FAX 970.618.6636 CELL FEB. 15, 2005 PITKIN COi.JNTY BOARD OF ADJUSTMENT C/o JOANNA SCHAFFNER COMMiJNITY DEVELOPMENT DEPARTMENT 130 S. GALENA STREET ASPEN, COLORADO 8161? RE: LOT 5, MOUNTAIN VALLEY SUBDIVISION DEAR BOARD MEMBERS, THE REFERENCED PROPERTY IS ZONED R15-A AND ON FEB 24, 2005 THE BOARD GRANTED A 60 FT FRONT YARD SETBACK VARIANCE DUE TO DOWN ZONING AND STEEP SLOPES. THE APPLICANT IS REQUESTING AN ADDITIONAL SFT SETBACK VARIANCE RESULTING IN A 65fr. SETBACK VARIANCE WHERE A 100fr. SETBACK FROM STATE HIGHWAY 82 IS REQUIRED. THERE ARE TWO HARDSHIPS: 1. DOWN ZONING: THE 100ft. SETBACK WAS APPLIED TO HWY 82 AFTER THE R15-A ZONE FRONT YARD 30ft. SETBACK WAS ADOPTED. 2. STEEP SLOPES: ANY NEW STRUCTURE BUILT 100ft. FROM THE HWY. WOULD BE PLACED ON THE STEEP HILL SIDE AT THE REAR OF THE PROPERTY AND A SMALL BUILDING ENVELOPE RESULTS. THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER. BEST REGARDS STAN MATHIS FOR JOHN ELMORE OODU07 °y // /% ff/ //% ~ .r'// / //~///< Y nj~~ D~ / / .//~//cam////~O~ \ ~~~\\ ~O /.rn ~////fir")'/// 'P \ !~.. a ~ i f/~ ///i . 9 ;- /ff~b~Am N3w //j~~{'/<rl ' f ~a~ /6a0 l cn m / / ~// i `~ O O ~ ~ ~ a ~ ! / ~ ~~ / ~ ~ ~ j r. .k-. r i ~C // /~/i 1.•' ~ /T / ., ~~ DANW SID ZmmJCpf] bnm Af] a~D Wrf~/1 N-1mNpN _ ~ y UIZpL1ND Opp D +~N~NNf`Nl ~a-+a ~f3'1 AoN O~Z ~ ti W )n ` i ~ r i ~r. •~.~- ~~, ~ ~ ~ 1' ~ \ ~ ~ ~ / ~ ~I j\ I ~ ; ----- -- ~~. ~ ~ Xfr ~. I I ~O ~ x /j`r~~C ~ P /b °F ~o 2~ O ~~ ~a ia~~~~ / b ny oa > ~ ~ ° eF ~~ [~ ~ ~ in ~~ ~~ 6~ ~' e s Z ~ ~ ~ ~, I 1~ I~~/ ~~I ~Ili/ ~ ~ U / ~ r /~ / /f/ ,, ~~' / / / / ~ / / /. 1 ` y / ///~ / //iG 00000 I IIIIIIIIIIIIIIIIII~IIIIIIIIIIII02p 0 00I0:49i ~II~IIIIIIIIIIIIIIII COUNTY CO R 0 SP VIP OQVIS PI COLORADO RESOLUTION OF THE PITHIN COUNTY, BOARD OF p,DNSTMENT _ GRANTING AN ARTERIAL' gIGHW VALLEY SUBDIVISIONE FOR LOT 5, FILING 1, MOUNTAIN Resolution No. 2004-O1 WHEREAS, Charlotte DePalma, owner of 42701 East Highway 82, is requesting a 60 foot Arterial Highway setback variance for the construction of a duplex residence; and WHEREAS, 100 feet is the setback required from the East Highway 82 right-of--way; and WHEREAS, this lot contains 18,955 square feet and is located in the R-15-A Zone District; and ~EREAS, the pazcel is described as Lot 5, Filing 1, Mountain Valley Subdivision; and ~EREP.S, the Boazd of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, Section 7-10.30, Pitkin County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-28-118(2) (C); and, the Boazd of Adjustment makes the following WHEREAS, based on the evidence presented, ro owners, has findings: oining p PAY 1 • proper notice procedures, including the notification of all adj been demonstrated. has been established. 2. The required hardship or practical difficulty ublic welfare and will se of the Zoning Resolutions and the zoning 3 • Granting such relief azrlthe intent and purpo detnment to e p not substantially imp maps. NOW, THEREFORE, BE TT RESOLVE Db~ for the constructro of a duplexr esidence as Arterial Highway Setback Variance be gr a hic constraints. shown on Exhibits A and B due to downzoning and topogr p WARNING; Any violation of the terms of this resolution may result in rehearing and possible revocation. of Pitkin, The Resolution was adopted by vote of the Board of Adjustment of the County State of Colorado. The Boazd of Adjustment of DATED: Apri16, 2004 Pi County, Colorado ATTEST: ~ ~~ i Y 1 ~'U'0~ ~ ~~~i ~F`~~- B Throm, date Joanna S. Bch finer, date Acting Chairperson County Zoning Officer I t 000009 q 6 ;n eh q iy .g 4 yt n~ d 3g q in =z °'~ ~' g ~- ~ ~~ _€ ~ 4 a ~ $~ ~Y~ Y 3"~ a bh8 W ~# g8Y ~ m 3eW ~'+ @~y , 00 0 I$O®oB ~aE Il I I II II I lI I l ul l (l l II III III IiI II ~ 48 ~~UU1~ 1 es z ie:asi I Q s~ T O 00 h 4 G ~ ~ 3 S L ~ b L q q z a > ~ o : : i a ' . ~ h 5 °y - £ ~ a - U [ Y ~ ` L ~ ~` $ ~ °~ Y ~ r c ~ ~ u +~l k u e s 8 ~ g Y S _ ~ e z x tJ 1~~, UUUUii II~IIIIIDIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 4924873. Tv CO R 0,00 2004 10.491 D 0.00 a ..... pARDllt;~t: 2737-173-07-031 pA'rE'RC'}t();' 3/1/2004 #G()pFE$;~- Qq$E:N(} 01-2004 CA$E't1ANl~: Charlotte DePalma Arterial Highway Setback Variance 1 PLNR: Joanna Schaffner PROJ'ADD 42701 E Hwy 82 CASE TYpa Arterial Hwy Setback $g'~pg;~` OWNtAPp: DePalma, Charlotte AOR 220 Calamus Meadow CI$t ,San Diego, CA 9213 per; 203/2811-5940 Rai Stan Mathis ,qDl~. 7515 Coal Creek Circl C/$12p Colorado Springs, CO pHN, 719/391-8199 FEEB DUE: $525 FEES'RCVD $525 #16672 REFERRAi.$ Mountain Valley HOA, CDOT ~'EF 3/2/04 FJY Janis Taylor DUE:~ MTO DATE REV BOpY. PH NOTICED . 4/6/04 BOA ye~ 3/27/04 DACE OF FE1Al: ACTION 4/6/2004 RENIARK$ public notices mailed 3/2/04fjt//reocerded BOA Reso 2004-01 DATE CCO$EO: 7/9/2004 BY: Janis Taylor 000012 ;~ 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 Riflcin, 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, aze purchasing the property from Ms. Chalotte 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 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 curently 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 OOOOi3 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. 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 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 yard 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 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. 000014 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 are 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 careful 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 (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 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 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`" 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. ~~~~1`) 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. Schaffiier 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 azea, 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? 000016 Cooper asked where was Rifkin? 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 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 un61 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 alternate instead of a regulaz member, Sweet has to remain an alternate. Schaffner stated that the Boazd didn't really need more members since meetings are 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 Fall. 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. ass*:-a*sa*sssassam~:r:**s*-x**sssss:*xxxs*ss*r****ts**sss~****sm**s***s* Respectfully submitted, Approved as submitted <-.~ ~~ ~ i L;oning Officer, ~' i ~- y-o~{ Date A proved with e c e(s) h r Ste- -~ Date 000017 CA$E,NANE;: Charlotte DePalma Arterial Highway Setback Variance PLNit: Joanna Schaffner pItAB ADD}k: 42701 E Hwy 82 ..o CA$E TYp: Arterial Hwy Setback ,... $T6p$~ OVMN/App» DePalma, Charl ~otte A0R 220 Calamus Meadow C/$ San Diego, CA9 213 pNN: 203/281-5940 R~Pi Stan Mathis ADlt 7515 Coal Creek Circl C/$JZ: Colorado Sprin s, CO PtgS 719/391-8199 w~E$ D,UE; $525 ,FEE$~ RCYD. $525 #16672 R~ECtNAL$ Mountain Valley HOA, CDOT REP: 3/2/04 BY Janis Taylor DUE: MTO' DA REY $1DDY.' PN NtITICffiD 4/6/04 BOA ~ yes 3/27/04 DATE DF FINAL ACTION REMARKS public notices mailed 3/2/04/jt DATE CLOBEO: ~ BY: Isabel Calderon ODUU1~ PITION COUNTY BOARD OF ADNSTMENT Application Form DATE REPRESENTATIVE S PHONE ~pr, 9~D •60l0~ E-MAIL ~ci~,>~a'~~"~~(~/~ ~~-- FAX ~}~'~1•~}`~°~ MAILING ADDRESS" i w v L/CIYVb~' 7NC OWNER 22'D rn~deLAMI~S M1GA,.t~Yt) .l?b _ MAILING ADDRESS '.rte;,` ~'°"~' ~~,`~r 1 LEGAL DESCRIPTION ~ • ~~~-~ ~W , I , ~~~ ~ ~"( .1•-~ IT~iI ,GOLD SUBJECT PARCEL ADDRESS~~~~1~ ti ~,t.~l,~~ PARCEL ID # ~ ~~~~~ ZONE DISTRICT ~~~~ ~•! LOT SIZE SIGNATURE (To be completed by the Zoning Department) ~ ~ ' Front Yazd Setback Variance, where ' Rear Yard Setback Variance, where ' _ Side Yard Setback Variance, where ' _ Side Yard Setback Variance, where _ ' Height Vaziance, where ' isall//.owed Cornrnaits: ~n ~ ~ n n .f0'n ~ a ~ ScL1 ' is required. ' is required. ' is requited. ' is required. CASE # G _ 0 0 AppGc~tion filed .~ ~ '~ ~ ~ Refer tonq•h,uall,e.~, I-1o,4+-Cnor ~Zi°~/ Off • ~ Dare of Meeting ~c f Notices Mailed 3 -Z - G4~~ ~ Secretazy /J Cf~.w~0. 110~1lce +-c Je~-el~ ~ ff~ 3-z -cq~~t YISA1<i: aver,.Y..u+A=uhieiFTM~'b+lO4eJ~~e ODUUly • i STAN MATHIS 7515 COAL CREEK CIRCLE WIDEFIELD, COLORADO 80911 719.390.6065 719.391.8199 FAX 970.618.6636 CELL FEB. 24, 2004 PITKIN COUNTY BOARD OF ADJUSTMENT C/o JOANNA SCHAFFNHR COMMUNITY DEVELOPMENT DEPARTMENT 130 S. GALENA STREET ASPEN, COLORADO 81612 RE: LOT 5, MOUN'CAIN VALLEY SUBDIVISION DEAR BOARD MF,MBERS, THE REFERENCED PROPERTY ISZONED R15-A AND CURRENTLY DEVELOPED WI'CH A TWO S'CORY DUPLEX RESIDENCE. 'CHE APPLICANT IS PROPOSING'I'O DEMOLISH THE EXIS PING S1'RUC'1'URE AND REPLACE I'C WITH A DUPLEX RESIDEN'1'[AL STRUCTURE. 'CHIS PROPERTY IS ALLOWED BY R[CHT'1'O BE DEVELOPED WITH A DUPLEX STRUCTURE AS DEFINED BY THE PITKIN COUNTY ZONING REQUIREMENTS FOR DEVELOPMENT' IN THE R15- AZONE. THE PROPERTY 15 IMPACTED BY'I'HE REQUIRED 100ft. SETBACK FROM HIGHWAY 82 AND SLOPES IN EXCESS OF 3046 FROM THE LUPINE DRIVE END OF THE LOT. THE REMAINING DEVELOPMEN'T' AREA IS APPROXIMATELY 2,800af. THE APPLICANT [S RHQUESTINU A 60$. SETBACK VARIANCE WHERE A 100$. SETBACK FROM S'1'A'1'E HIGHWAY 82 IS REQIJIRED.'1'HERE ARE'1~0 HARDSHIPS: 1. DOWN ZON[NG:'CHE 100ft. SETBACK WAS APPLIED TO HWY 82 AFTER THE R15-A ZONE FRONT YARD 30k. SE'CBACK WAS ADOPTED. 2. STEEP SLOPES: ANY NEW S'T'RUC'T'URE BUILT 100$. FROM THE HWY. WOULD BE PLACED ON'CHE STEEP HILL SIDE A'I' THE REAR OP'CHE PROPERTY AND A SMALL BUILDING ENVELOPE RESULTS. 'THANK YOU FOR YOUR CONSIDERATION IN'1'HIS MA'1"I'ER. BEST R ARDS 'r A'ru~ FOR ICyHN ELMORE A7"I'ACHMEN'I'S 1. VICINI'T'Y MAP 2. LEGAL DESCRIPTION 3. ALTCHORIZATION LETTER 4. ADIACENT PROPERTY OWNERS 5. SDRVEY WITH EXIS'1TNU" CONDITIONS AND TOPOGRAPHY 6. PROPOSED SITE PLAN 7. PROPOSED FLOOR PLANS RECEIVED 8. PROPOSED EAS'T' AND SOU'CH ELEVA'CIONS MAR 0 8 2004 OOOOZO PITKIN COUNTY BUILDING DEPRRTMENT • i i~IOl~NT:1IN VALLEY HOMEOWNERS ASSOCIATION POST OFFICE BOX LI55 .1st~Ex, CuLC>ttnno H~c;~a Apri16, 2004 Board of Adjustments Pitkin County, Colorado Re: Highway setback variance Lot 5, Block 1, Mountain Valley Subdivision Dear Members, We met with the Mountain Valley Architectural Control Board, the applicant, and the two immediate homeowners and it was agreed to not oppose the set back vaziance from the highway. The applicant will set the home back as faz as possible per the discussion. Thank you for your attention to this matter. Sincer •-~ ___.__-~ -.PCt.~~ ~ ~_. .-! Evan F. Boenning President of Mountain Valley eowners Association F~ECEI'VE~ uNk 0 ti 2004 PITK3N t;'%~i~p~TY BUILP.lhdG DEFRF+?`MENT 000021 Feb 27 04 05:13p p,l Feb 27 23 04: 49p S~ Mathis 71939 19 P-1 JOHN tI.MURE I'.O.13OX 318 WRk;11TSVILLI: BL'^AC1I, NC. 28430 y'/0O20.1368 910.256.4780 Y('LKiN l'OUN'1'Y GUARD Uf~ AU)LIS-1'MGN'I' G~> )UANNA SC11A1°)'NER COMMI)Nl'1'Y Ut?VI;LOPMI?N'( DI?1'AR'I'M)3NT 130 S. GALENA S"I'Rlil?T ASPEN. COLORADO 81611 RP.; LOTS, MUUN'I'A1N VALLI?Y S116UIViS1ON D[:AR IUANNA. I, IUHN F.I_MURI:,'CIIC AI'hLICANT'1'O'1'lIF 1'I'I'KIN ('OUN"I'y BOARU C1F AD)l1S'I'MF.N'I' I'UR A SISI'BAL'K VARIANCE FOR'1'HE PROPLR'1'Y R[3=1iRINC1iD AROVIi, Alfl HORi7.li S'I'AN MA'1'Fi15'I'O AC"I' ON MY i3L1lALf YOR'I'1IF' VAI:IANCF. RIiQU13S'l'. '] IA )UH I:1.MOIai 000022 fE9.26.2"~a- 9~C?AV Feb 25 04 D5: ~e+p r-ee. zs, aooa 9i 11 & Jolie Wri6ht C~LO'1'CC U.PAI.MA An 27A CALAMU5 MLSADO }tAM1)5N, CY. 0661n 1'HONF. N apj•~,D7.5940 ~ILLIA1d'~RIC3tIY v.o. pox a99xe aAN lll6~lU, C.A. 92158 3924 pHUNE N 6t9.563.92'Sl tt~: LOT S, MOUNTAIN VALI.81f SUSDtV1SION prl~i CoUN'IY DOARD OP ADNg7MHNT Cr., JOANNASCKAI'FOgR DPPARTMENf COMMVNIIY DAL PM2Nf 130 6.OALgNA S'l'R5E"l' ASPliN, COLORADO 81611 R}?; LO"1' 5, MOUN'l'ADQ VALLEY ~7gDIVISION 619-543-923"~~ 2~C. c .~ 1)u.R JO.ANN A, of TNL' '®P, CHARLOTTE DePALMA b ~1L11AM~RI6Ii'C. TFIE OWBlE3t9 PROPER7YItIsFI:'RLNCL'DAIIOVE:AITfliOR1Z1:IOHNS~ FORIA~ BACK APruCA'riON'COTIIL ei'fK1N COUNTY BOARD ADN• VARIANC5. '!'N ANK YOU, z CJt1~..~ ADJACENT PROPERTY OWNERS ,OT 5, MOUNTAIN VALLEY SUBDIVISION 'ITKIN COUNTY, COLORADO CHANEY LINDA S PO BOX 2359 GLENWOOD SPRINGS, CO 81602 HOPTON HEATHER W 149 E LUPINE DR ASPEN, CO 81611 KELLY JANE A PO BOX 760 ASPEN, CO 81612 WYCKOFF JULIE C 427b$ NWY 82 ASPEN, CO 81811 MERRITT LEROY M MERRITT JEAN C 2066 LORD BALTIMORE DR BALTIMORE, MD 21244 HORN KIMBERLEE C 212 E LUPINE DR ASPEN, CO 81611 STEIN PETER 34 ASTONS RD MOOR PARKNORTHWOOD MIbDLESEX, HA62LD 000024 ®® ~~ ~~ ~4 ~° ®,~ ~~ L a4~a& 6~ 3 0 0 g o in T ~ O m A Y. d~^ m ~n,~ t ' w 000025 ~EEB. 25. 2004 12:16PM ~ ;~,M117ITMENTF08T1TLElNS~.~ Effective Date; Tanuary l2, 2004 at 7:30 a,nt. SCHEDULE A ' 2• Policy or Policies To $e Issued: (x) ALTA (1992) Owner's Paliey ( )Standard (X) Extended Amounc Preatittm: Proposed Insured: Porters Neck COmP~Y ( ) ALTA I992 Loatt Policy ()Standard () &xirxtded Amount; P[CDllitm: i' N0. 2 i 5 269QP. 1. 1/8 Order Number: 42188 51,260,000.00 S2,?30.00 3- The estaze or interest is the land des4ibed or referred to in this Commim~rent and covered hexein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: Charlotte W. Depalma aad William G. Wright 5• The land referred to in this Comtninnent is described as follows, Lot 5, MOUNTAIN vA1~y SUBDIvLSION, F1RST F1LIN4, according to the Plat thereof recorded in Plat Book 3 at page 36 as Reception No. 121406. COUNIYOFPITKllY,STAT1rOfCOLORADO. .~ Statement ofCharges Polley pt~l~ shown above, and ~Y charges shown below are due and Payable before a policy can be issued. Standard Rate Tax Certifieaze Form 110.1 (Owners) $ 20.00 S IS0.00 ~~~ Nsme_ Tom '1~viuhell a ~UU~ib AGENDA PITI{IN COUNTY BOARD OF ADJUSTMENT April 06, 2004 5:3o 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 square 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 an addition 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 CHAII2PERSON: V. MINUTES: Please be prepared to commenUapprove minutes from the November 4, 2003 meeting. PLEASE CONTACT JOANNA AT 920-51 OS TO CONFIRM YOUR ATTENDANCE ~D~Uc~.7 County of Pitkin } AFFIDAVIT OF NOTICE BY POSTING } ss. OF A VARIANCE HEARING BEFORE State of Colorado } THE PI'I"KIN COUNTY BOARD OF ADJUSTMENT The undersigned, being first duly sJ(w~om, deposes and says as follows: I, ~~~ ~ V'~~~ l ~ ,being or representing an Applicant before the Pitkin County Board of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as it could be seennnfro~~m the nearest public way)Land that the said sign was posted and visible continuously from the "C.~~ day of ~ "r , 206 to the day of (~ , 2(k~Y (Must be posted for at least nine (9) full days before the hearing date). g~\GO '4~O'~~l Applicant s Signature 's„~o GQa ~' • (/g1.~ • ~P ~~•OF •~O~,O ~~ppE~lyiCmOl Subscrib and sworn to before me this (11~ ~ day of d - , 20~ H, by "1} Q ~ i'} ;+~-~~, S (Attach photograph here) BRING THIS FORM TO THE MEETING WITNESS MY HAND AND OFFICIAL, SEAL. My Co ssi n expires: ~i ~'~ i ~--- -.. 1~Di/ ri~~~OrtP.1/'/.pnlC t3/l~~ Address f~Ul) ~a ~~ (pa 000028 PUBLIC NOTICE RE: Arterial Highway Setback Variance for Lot 5, Filing 1, Mountain Valley Subdivision (Case 01-2004) 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 Meeting Room in the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Board of Adjustment, to consider an application submitted by Charlotte DePalma requesting a 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 residence. This parcel contains 18,955 squaze feet and is located in the R-15-A zone district. The property is located at 42701 East Highway 82, Aspen. The State Pazcel Identification Number for this property is 2737-173-07-031. 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 20, 2004 Pitkin County Account No. 002.02 000030 0 c 0 0 w -'s'~;i-. ~. 0 0 0 c w TJ 5}~i L ~r-- • O O O O W W u • • 0 0 c 0 w N ro P ~ 4 f COMI~VITY DEVELOPMENT DEPARTMEY~ 130 South Galena Street Aspen, Culurado 81611 (970) 920 3526 Pitkin County Land Use: 172 Board of Adjustment s~• . 159 County Land Use Code 173 Deposit 174 Flat Fee 162 Zoning and Sign 169 Public Notice 160 Planning Enforcement Referral Fees: 86115 Access Permit 210 Auporl LUCO1 County Clerk 211 County Engineer 194 Environmental Health 203 Historic 198 Housing 190 Land Management 209 Redstone HPC 206 Wildlife Officer Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 151 Aspen Sanitadon 152 AVFD Fire Marshal Other Fees: 155 Use Tax 165 Copy Performance Deposit 185 Park Dedication 1S6 Parking Cash in Lieu IS GIS Requirements B1202 Road Impact Fee n n n n Z~ BI203 School Impact Fee TOTAL ~ ~ S ADDRESS/PROJECT: CASE/PERMITlk: # OF COPIES: