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.90.01
• r PITKIN COUNTY BOARD OF ADJUSTMENT DATE December 15 19 89 _ CASE # ~` ~ APPLICANT Robert Terry PHONE 920-1177 MAILING ADDRESS P.O. Box 7728, Aspen, Colorado 81612 OWNER Robert Gillman PHONE 920-1177 MAILING ADDRESS P.O. Box 7728, Aspen, Colorado 81612 LOCATION OF PROPERTY Highway 82 at Watson Divide Road (between Highway and Roaring Fork Riverl Any pertinent data must accompany this 'on, and will be made part of this Case. The Board y return s application if it does not contain all the fac in ues Applicant Sign ure ~~~ Provisions of the zoning resolution requiring the Zoning Official forward this application to the Board of Adjustment, and reasons for not granting a building permit: Requesting: (To be completed by the Zoning Department) Af-I Zone District Lot Size 10 O ' Front Yard Setback Variance, where IOC' is required. ' Rear Yard Setback Variance, where _ ' is required. ' Side Yard Setback Variance, where ' is required. ' Side Yard Setback Variance, where ' is required. ' Height Variance, where _ ' is required. Square Feet where a maximum of sq.ft. is allowed. ~) Other: z~o+{,Er is VC~nvVeo(. r~ ;,~~ I.pne c( vv~ a x t,tiw w~ ~a-~ (~ ~~,~t a it D 4' m ~ A; r~ ~( Zoning Official ~~~ rye /sn~~ Application filed ~~ C/~~ Date 0 c ~q ~ Notices mailed / Parcel ID #_ ,~L~U?-C~(o~ ~ Oo -O/~ Secret ry ~ ~~~~1. a-6 C~~ NOTICE OF PUBLIC HEARING BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to Pitkin County Resolution of June 5, 1955, as amended, a Public Hearing will be held in the District CourtRoom, Pitkin County Court House, Aspen, Colorado, (or at such other place as the meeting may then be adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the County Zoning Resolution. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and other affected in deciding whether to grant or deny the request for variance. THE PARTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE ARE AS FOLLOWS: Date and time of meeting: January 09, 1990 at 5:15 PM Name and Address of Applicant: Robert Gillman c/o Robert Terry P O Box 7728 Aspen, CO 81612 Property Location or Description: Highway 82 at Watson Divide Road (between the highway and the Roaring Fork River) Requesting approval for a 26 square foot size variance for a real estate sign, where a maximum of six square feet is allowed by the Pitkin County Land Use Code. The granting of this variance would allow for a 32 square foot "For Sale" sign to remain on the Gillman property. Duration of Variance: Temporary X Permanent: THE PITKIN COUNTY BOARD OF ADJUSTMENT Joa na S. So affner, ecretary ooooaz NOTICE OF PUBLIC HEARING BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to Pitkin County Resolution of June 5, 1955, as amended, a Public Hearing will be held in the District CourtROOm, Pitkin County Court House, Aspen, Colorado, (or at such other place as the meeting may then be adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the County Zoning Resolution. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and other affected in deciding whether to grant or deny the request for variance. THE PARTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE ARE AS FOLLOWS: Date and time of meeting: January 09, 1990 at 5:15 PM Name and Address of Applicant: Robert Gillman c/o Robert Terry P 0 Box 7728 Aspen, CO 81612 Property Location or Description: Highway 82 at Watson Divide Road (between the highway and the Roaring Fork River) Requesting approval for a 100 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, and a 200 foot highway setback variance where 200 feet is required per the Pitkin County Land Use Code, to allow for a driveway gate. The granting of this variance would allow the gate to be placed on the Gillman front yard property line. Duration of Variance: Temporary Permanent: X THE PITKIN COUNTY BOARD OF AD~7USTMENT Joan a S. Sch finer, ecretary 000003 ~~~~I~.., SUNSET PROPERTIES © P O. BOX 7728, ASPEN, COLORADO 81612 • (303) 920-1177 • FAX: (303) 920-4904 December 15, 1989 Pitkin County Board of Adjustment c/o Aspen/Pitkin Planning Office 130 S. Galena St. Aspen, CO 81611 Gentlemen: The requested variance is fora log gate that goes over the subject property's driveway; and a 4 feet by 8 feet property sign (see enclosed photos). The fence and gate were put on the property in July of 1989. I was unaware the gate is considered a structure and is in violation of The Pitkin County Land Use Code section 3-8.2. As one can tell from the enclosed photos, or if you have driven past the property, which is located on Highway 82 at Watson Divide Road, the fence and gate are very attractive and blend with the surrounding environment. As for the property sign, it too is a very tactful sign which blends with its surroundings. The sign is a temporary sign offering the property for sale; the size is 4 feet x 8 feet and is placed mid-point on the property between the gate and the South property line. There is only one sign on the entire 1300 feet of frontage along Highway 82. My request of the Board of Adjustments is for favorable consideratio ese matters. S~rely, G Rober p00p04 December 15, 1989 Pitkin County Board of Adjustments RE: Surrounding property owners of Robert P. Gillman and Eleanor L. Gillman, Colorado, Trustees of the Gillman Trust established October 24, 1983, described on the attached Exhibit A. Sir: A search of the records of this office and those of the Assessor and Treasurer of Pitkin Country, Colorado reveals the following owners of property surrounding the above described: Jerry M. and Judith M. Gerbaz Richard D. and Delores U. Stutsman P.O. Box 670 Aspen, CO 81612 Lou Dequine, DVM Aspen Valley Veterinary Hospital 30875 Highway 82 Snowmass Village, CO 81615 Double X Quarter Circle Homeowners Association, Inc. P.O. Box 670 ~---, Aspen, CO ~~ V Ct vdZ 2 /G r7 Department of Highway, State of Colorado Address Unknown ~~,yt ~ °~~~ ~ ~ l ~ U~ . Mike Gerbaz c/o 514 E. Hyman Avenue Aspen, COQ-8}6}3 Sinc~7y, Robert /Gil 0000~`J QRDEP. t10.: 16246 • Attached to and made a part of Stewart Title Guaranty Company Policy f~. gU41 3F451 Continuation of Schedula~_YYo 4 Exhibit "P" Tract B, as set f~~rtki on the Exerc~ft.ion Flat; for Hanson Tracts recorded Piovember 22, 19?R in Plat 13oolc at Face 3l as F.eception ilo. ?.0934?. County of Pit;kin State of Colrarado Page 203P 000006 ~~r~~.~~•nit~r ~ri~rr.;t: ~SOM11 LP91 GUARA YTY l"IIM 1`AYS ~1sp~Valley Veterinary Ho~tal Lou Dequine, D.V.M. Jeff Myers, D.V.M. January 5, 1989 Pitkin County Board of Adjustment Dear Sirs; I am the nwner< of the property bordering the Terry-Gillman property On its outheast side. I watched with-concern about the visual impact as 't he gate was constructed last summer. With the abundance of nec¢ construction in our°valley, it is especially important that we adhere to the sign and aetbaek restrictions along Highway 82, to prevent the "strip development" appearance. I congratulate the county in its past success in preventing such development and. maintaining Our aesthetics;. First, the sign. I feel that any sgnage should conform to the six square foot regulation, and that this sign should be ci^ianged to conform. The variance should be denied. Second, the gate. The gate is perhaps a bit of overkill for the property that it represents. It is somewhat out of scale in relation to the surrounding homes and properties and their entrances (or lack of.) However, I do not object to a gate being in that particular location and if this gate is modified to reduce visual impact by staining it a darker brown or post-gray color, I will support this variance. Finally, I only support the variance for the gate if it is expressly understood that this variance is for this one particular structure and sets no precedent for any other or future variances. Sincerely, ~ ~iL~- Lou Dequine, DVM OOQC~l? 13685 Highwa}i'82 • Box 7277 •ci9sper~;Gerbazdale, Colorado 81611 • 303/923-2022 Jerry and Judy Gerbaz P.O. Box 1964 Aspen, CO 81611 December 6, 1989 Pitkin County Board of Adjustment Pitkin County Government Aspen, CO 81611 To Whom It May Concern: 'This letter is in regards to Bob Terri's and Bob Gilhnan's fence and gate on the property across from Watson Divide Road on Highway 82. As an adjacent property owner, I see no reason why Mr. Terri and Mr. Gillman should be required to remove their gate and gate post. I feel this is an improvement to the area and would like to see it remain. Sincerely, /~ C./ Jerry Gerbaz oooaog r Michael B. Gerbaz c/o 514 E. Hyman Avenue Aspen, CO 81611 December 6, 1989 Pitkin County Board of Adjustment Pitkin County Government Aspen, CO 81611 To Whom It May Concern: This letter is in regards to Bob Ferri's and Bob Gillman's fence and gate on the property across from Watson Divide Road on Highway 82. I would hope you grant them a variance for the height of their gate post. I feel the fence and gate have added alot aesthetically to that area. What they have done to the property has improved its appearance ten fold. As an adjacent property owner, I ask you to grant them a variance and allow the fence and gate to remain as they are. Sincerely, ~~ ~,~~~~ Q Cz~-~~-~- Michael B. Gerbaz 000009 .. «a, _ .,.,~.~._n StlW NtlIIS•Oxs1l •'Sa]U~OIII 031Y8'O~/NOJN/ b/A']YM i .Y.ryyy~S z n w h ~~ ~' a. o q F a ,~j~0~ nww u O ~ ~ W a w ~. o F i U O U U g ~ m ~ ~ H ~ 5 a .n ;~ cow W ~ ~ O Z a °~;z~< w a, x ° ~ ~ ~ o ~ H a F m Ul CO U 6 U U (x x w F" R. ~ ~ gg C7 a[ ~ 9, e g O ~~~g2 F 7@v~ ..% anv Hvw.w a me ~ _._ __ ._-_- 'r"°~"° do sauaadoad iasNns i wa _____ .a°umo mr ~ tlOJ a'JtlYJItlJ o ~.o ~, ar ro 2,IO r~ JasiiNS~iJi'SI00~ n I~~M ec aE ~s ,_ t: ~I ,/ ev j ~o Py ~~~ t~~4 ~ ~i ~E`:! 'gyp :.s pl s}c ~r~ ii; ~~ c !i i I ~' ~ A ~ fi ~? 1F z j ~`, ~! I€ s,~ ` ij 0€ ~~ , ~ 'tt 1 I`l~i3f1 tF~ fJa~iC 'f~E,.ijs t 6~ ~ jF i~a ~t €E ~:: .,. _ . A~ .. Ir~l ~j~ ~~ i lir I~i~ la~i NQr t (1Z ~ ~ ~0~~~~ 82 ~ ~ • = f Is ~ L E '•~' al ~ ~ ~ k M M / I ( ~ ~l ~• +~ fp ~ ~ ~~' .. .:~"r I~~ ~ ~../oP.~ ~ r ., ~~~ . Wis.. `~ ,~ _ SNOWMASS _ '~ ` u e 'i_ ~~_ I ~ 7 ~~ :;r '~' °~•~" // }~~. J ~,.. ~.~ ~~ ~ peal ~ / ~'Bi 1 1 ~~ u ~ s ~ ~~ ~ ~ ~~ ~ _ _ .° ~ _. ~~~ ~ .~ ` ~ ~ ,•e~ ~ ~ it ~~ ~~~ ~~~ ~ ~ ~~~ e' '7 - ~ 9c I/'1~ ~ n0 ~i / ' o ~'~ ~ •f~ \yc~ ~, ,I .. gl. 11'x° T ~^;Ep ~ ~ ~ \ ~. ~?~_ SNOWMASS• io 'I W n~`i~ ~ _ ~ t-.--C~°°~ _ I o„ PILLAGE-~ tM~ Js~;.., ~ - ~ 1 / ti -~~= -j I~. 1 , 1 ` Q .. .. ~ I °ro ~,ax~ ~ i J I G \ ~~ ~ •SZ ~ ~~ .. <- r- z' ~ r E I ~ ~~ 3. ,~, i , ~, a;__, . ~. , ~ `~ ,~ •„ : ~~Aspen Institute ~ ~l .. .~~ ~ 1 ~ ~ ,%~-= ~ ` ~ I _~~_ 1 >'a„ i y ~ I r 'ice J~-4®~ • o. F O R E S T ~~ ~'""'°° , ~ ~,,, Ski and Winter ~ .A'~P~~~ ~•~°~ .`~ `~'~•- ~ Sports Area ~- •; •'~ '" s««a 82 ~ co.~«~. _,% I \ ~ s ,....,, ear.' -~ / / ~ ~' ~!~"X'.~~ r. ~ [ ~ ~ ,. =~~ ~•• ~~Snowmass Lake ; ° ~' ,.... i4~ i )~ ~ S uv. u. J ~ _ \ Maroon Bells` ~ Mar ~on Lake ~ ~ y ~ t T.II S. nw •~ ~ _. '' r ~ ~z ~ ~~ :mod... ,, ~//.~ ASPF -'PITKIN PLANNING OFFICE - 130 South Galena Strcet Aspen, Colorado 81671 (303)920-5090 LAND USE APPLICATION FEES CIry 00113 -63250-134 GMP/CONCEPTUAL E3270-136 GMP/FINAL X3280-137 SUB/CONCEPTUAL -63300-739 SUB/FINAL -633[0-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 00123 -63340-190 00175 -63340-163 ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL County 00113 -63160-126 E3170-127 X3780-128 -63190-129 -63200-130 E3210-131 -63220-132 -63230-133 -63450-146 GMP/GENERAL GMP/DETAILED GMP/FINAL SUB/GENERAL SUB/DETAILED SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-790 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFI CE SALES 00113 -63080-122 CITY/COUNTY CODE 13090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL cc } Name~7Gt Vl , .. ~ t ~Y ~fX' .1 ~1~5 Phone: :~ ~' Address: Project: - . ? ,: . ~ Check # i ; ~ '~ ~ % ~ --) - i ~+' f C] Date: ' Additional billing: riofHours: • 000012 i ~ County of Pitkin ) AFFIDAVIT OF NOTICE BY )ss. POSTING OF A VARIANCE HEARING BEFORE THE PZTRIN COUNTY State of Colorado ) BOARD OF ADNSTMENT The undersigned, being first duly sworn, deposes and says as follows: I, Robert E. Terry being or representing an Applicant before the Pitkin County Board of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visiible continuously from the ~D~ day of ~~~C~Vr~ tJ~rZ 19~, to the day of 'FatJU'I~h, 19_~. (Must be posted for at least (09) full pys ~o,~ ,the hearing date.. ~~ f ~~~. ~ ,~, ~~ ,.I ~,.: I '?. ~'-, . ,) ; r 's Signature Subscribed and swo~R to 'before me this ¢~ day f ___--, 19~, by ~ ~ rc' /' __ WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 6-if gv ~,~~/~ N¢St„~ry Public's Signature Address ~,:~ ~UQU13 '~. :~II. . +; -.-~- m ~I rT' i{ W ~ ~ ~ 7iC RESOLUTION OF THE PITRIN COUNTY, COLORADO V ~ o m,- ~ z ~ SOARD OF ADJUSTMENT Cn .r?_ ~ y_z DENYING A SIZE VARIANCE FOR A "FOR SALE" SIGN J U .~ U> Z I~+ y FOR ROBERT GILLMAN C~ F ao ~''' L •.. RESOLUTION NO. 90-Ola WHEREAS, Robert Gillman, owner of a tract of land located on Highway 82 at Watson Divide Road, requests a 26 square foot size variance to allow for a "For Sale" sign, where six square feet is the maximum allowed per the Pitkin County Land Use Code; and WHEREAS, the subject property is within the unincorporated area of Pitkin County, Colorado, (as described in Exhibit "A", attached); and, WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, Section 16-1.3, Pitkin County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-28-118(2) (C); and, WHEREAS, based on the evidence presented, the Board of Adjustment makes the following findings: 1. Proper notice procedures, including the notification of all adjoining property owners, has been shown by the applicant. 2. The required hardship or practical difficulty has not been established. 3. Granting such relief will cause substantial detriment to the public welfare and will substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment, that the request for a 26 square foot variance be denied due to lack of demonstrated hardship. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. 000015 ',i+.li Resolution No. 90- Ola Page 2 I;OOK U~_~J ~.`,~_~.30 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: January 9, 1990 The Board of Adjustment of Pitkin County, Colorado ATTEST: Joann Scha ner, Secretary Kandi Shaffran, Chairman OOUtit6 :~ ' nF.DEP. t10.: 16245 . • Attached to and made a part of Stewart Title Guaranty Company Policy t~ ay41 ?F~4S1 Continuation of Schedul~_tfa. 4 GOON ~J~~.) r';1'~^~J~ Exhibit "P_" Tract B, as set forth on the Exemrt.ion Flat; for Hanson Tracts recorded Plovember 22, 1??8 in Plat I3a~lc at Faa,~ ?i as P.eception tfo. 7.0?34?. County of Pit;kin State of Colorado ~~~R C~~~ Page ti'1' 1: ~~'.~ lt'1' 'l' I'1' I . I ; ISOnI t-B9~ , a ~ a `,1 .s '~- i~ K ~ ~- N O 4~ ~; W w ..r ~ a~ 'RESOLUTION OF THE PITKIN COUNTY, COLORADO <,~__ 07 `'~~ BOARD OF ADJUSTMENT ~ ~ a- ~.; ~ WDENYING SETBACK RELIEF FOR ROBERT GILLMAN .. . RESOLUTION NO. 90-OlB WHEREAS, Robert Gillman, owner of a tract of land located on Highway 82 at Watson Divide Road, requests a 100 foot front yard setback variance where 100 feet is required in the AF-1 zone district, and a 200 foot arterial highway setback variance where 200 feet is required per the Pitkin County Land Use Code, for the construction of a ranch entrance gate; and WHEREAS, the subject property is within the unincorporated area of Pitkin County, Colorado, (as described in Exhibit "A", attached); and, WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, Section 16-1.3, Pitkin County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-28-118(2) (C); and, WHEREAS, based on the evidence presented, the Board of Adjustment makes the following findings: 1. Proper notice procedures, including the notification of all adjoining property owners, has been shown by the applicant. 2. The required hardship or practical difficulty has not been established. 3. Granting such relief will cause substantial detriment to the public welfare and will substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment, that the request for a 100 foot front yard setback variance, and a 200 foot arterial highway setback variance, be denied due to lack of demonstrated hardship. WARNING 00001$ Any violation of the terms of this resolution may result in rehearing and possible revocation. i ~.' .~ 61:~ r~~~~5'~"1 Resolution No. 90- 016 Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: January 9, 1990 The Board of Adjustment of Pitkin County, Colorado ATTEST: ~- Joann Scha er, Secretary ~~C az. ~ ' ~la_.ca ./tip/ Kancli Shaf ran, Chairman QDDU1~ Aj '~f' a (~ nRDEP TIO.: 16245 • ~~tUN U11~ F':;~~~)C7 Attached to and made a part of Stewart Title Guaranty Company Policy t~ ay41 ?841 Continuation of Schedul~_tle. 4 Exhibit "P_" Tract. B, as set forth on the Exernntion Flat: for Hanson TCdCtS recorded Ilovember 22. 19?R in Plat Poolc. '' at Faa=• 31 a~ P.ecet~tion tio. 7.0349. bounty of Fit:F;in state of !:olorado ~'OOR COPS' Page 20]4 LI:~N~VTY IuNP.~1 69.1 LP91 OOO (l (Y (~ ,. Minutes Pitkin County Board of Adjustment January 09, 1990 Members Present: Kandi Shaffran, Chairman John Ostwald Rick Neiley Evan Gull Member Absent: Stan Mathis Mary Lackner, Pitkin County Zoning Enforcement Officer, was present with staff recommendations and comments. Shaffran opened the meeting at 5:15pm and introduced the Board to those present. Case #90-O1, Gillman, Robert, Highway 82 at Watson Divide Road Robert Terry was present to request a 100 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, and a 200 foot arterial highway setback variance, where 200 feet is required off Highway 82 per the Pitkin County Land Use Code, to allow for a ranch gate entrance. Gillman also seeks a 26 square foot sign variance for a "For Sale" sign, where 6 square feet is the maximum allowed per the Pitkin County Land Use Code. Both the sign and gate are existing, the gate having been built without a building permit. The Pitkin County Land Use Code defines fences exceeding six feet in height as "structures". Gillman's gate is approximately 17 feet 8 inches high. Zoning Administrator, Francis Krizmanich, red-tagged the gate and sign for non-compliance, and suggested Gillman appeal to the Board for variances. Terry submitted pictures to the Board of the gate entrance and sign. Shaffran read letters of approval from adjacent property owners, Michael B. Gerbaz and Jerry Gerbaz. Neighbor, Delorus Stutsman, read a letter from Lou Dequine, Gillman's neighbor to the southeast. Dequine objects to the sign, but would support the gate, provided measures to help mitigate the visual impact are made and no precedent is set by the granting of this request. Stutsman also supported the gate since it already exists, provided no precedence would be set with such an approval, and objected to the sign. Neighbor, Dexter Garner, was present and objected to the sign and gaY.e. John McBride, of the Aspen Valley Improvements Association, was also present to warn the Board against setting a precedence with this case, since he felt the variance would not have been granted 000021 were Gillman to have appeared before the Board prior to the building of the gate. He questioned Gillman's hardship. Terry responded that he [Terry] had contacted the Planning Office before building the gate and was told he could proceed. He admitted to not specifying that the gate would exceed six feet in height. Terry pointed out that the gate does meet highway access code requirements as per the Colorado Division of Highways. Although there is no hardship, Terry asked the Board to consider that since the structure is already built, a hardship would be created if he were required to dismantle the gate. Gull suggested that this case is a product of an error of omission in the drafting of the code, since the Code fails to address gate entrances. Gull stated that he had "no problem" with the gate. Neiley suggested that a topographic hardship exists since the lot could not meet a 200 foot setback requirement due to its shape and size. Neiley made a motion to grant the requested variance to allow for the gate on this basis. Gull seconded the motion. Ostwald disagreed with using a topographical hardship to justify a hardship, to which Shaffran responded that perhaps a better hardship was downzoning. The motion failed to pass with a 2-2 vote, with Shaffran and Ostwald voting against. The request for a variance was denied. All board members were in agreement that the "For Sale" sign was too large and would have to comply with the Code. Shaffran made a motion to deny the request for a 26 square foot variance for the sign, due to lack of hardship. Gull seconded the motion, and it was passed with a 4-0 vote. Case 90-02 Melberg Tom Lot 4 Little Texas Subdivision Tom Melberg was present to request a 90 foot front yard setback variance and a 20 foot rear yard setback variance where 100 feet and 30 feet respectively are required in the AF-1 zone district, for the construction of an addition to a residential house. The Board reviewed the plans and stated they understood how downzoning affected the Little Texas Subdivision. Almost no lot in the subdivision meets the required setbacks. Shaffran made a motion to grant a 90 foot front yard setback variance and a 20 foot rear yard setback variance due to downzoning. Ostwald seconded the motion and it passed with a 4-0 vote. ' f 000022 ;'; Case #90-03 Heede, Richard, Lot 14, Block 2, Filing 2, Gateway to Snowmass Mesa Subdivision Richard and Susan Hessel-Heede were present to request a 63 foot front yard setback variance, a 5 foot rear yard setback variance and a 5 foot south side yard setback variance, where 100 feet, 50 feet and 50 feet respectively, are required in the RS-30 zone district, for the construction of a residential house. Because the Heedes have previously appeared before the Board, the members were familiar with the lot and its extreme topographic hardships. After a review of the plans, Neiley made a motion to grant a 63 foot front yard setback variance, a 5 foot rear yard setback variance and a 5 foot south side yard setback variance as on the plans submitted, due to topographic hardships. The motion was seconded by Shaffran and passed with a 4-0 vote. Shaffran made a motion to accept the minutes of the December 5, 1989. The motion was seconded by Gull and all present agreed the minutes should be accepted. Shaffran adjourned the meeting at 6:00 pm. Respectfully Submitted, C 4~CL..t--~k~-t l iD'J~ rs~~~ , 'Joanna S. Schaffner, ~ Secretary Kam Shaffran, Chairman f 000023 Agp~ITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES Clty GMP/CONCEPTUAL 00113 -63250-134 GMPIFINAL -63270-136 SUB/CONCEPTUAL -63260.137 -63300-139 SUBIFINAL ALL 2-STEP APPLICATIONS -63310-140 ALL 1-STEP APPLICATIONSI -63320-141 CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH -63340-190 HOUSING 00123 ENGINEERING 00115 -63340-163 SUBTOTAL County -63160-126 GMP/GENERAL 00113 -63170-127 GMPIDETAILED -63180-128 GMP/FINAL -63190-129 SUBIGENERAL ~. -63200-130 SUB/DETAILED -63210-131 SU&FINAL ALL 2-STEP APPLICATIONS -63220-132 ALL 1-STEP APPLICATIONS/ -63230-133 CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT -63450-146 REFERRAL FEES'. ENVIRONMENTAL HEALTH 00125 -63340-205 HOUSING 00123 -63340-190 ENGINEERING 00113 -63360-143 PLANNING OFFICE SALES CITYICOUNTY CODE 00113 -63060-122 PLAN COMP -63090-123 . -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL ~~' TOTAL c ~ .}- `~ ~~ O1 ~ r-{-).e ~ Phone: -_~ tti Name i1 r Project: ~.-- Address: ~~ ~ Date: Check # # of Hours: _~ Additional bil ling: