Loading...
HomeMy WebLinkAboutpitkin.boa.90.03 PITICIN COUNTY p BOARD OF ADJiJSTMENgT DATE 1~ ~ ~-~.~..,Y-rLL19~ CASE # / G ~ G 7 APPLICANT ~ t~.4C, 1 I E'1= ~ ~ PHONE G `z- 3 - ~-i ~ 1 I MAILING~ADDRESIISII C~C~~6 S- C-,ASt= `/ Ca~2'(- ~ r,atuivtaS~CU 2%(nsy. OWNER ` `~ , C~ ~ ~'P C~ PHONE -~ MAILING ADDRESS LOCATION OF PROPERTY l...l~-1~`~32 h 2 G,4TE~.JAY F S~Jowr~nSS Any pertinent data must accompany this application, and will be made part of this Case. The Board may return this application if it does not contain all the facts in ques 'on. Applicant Signature ~ ~'°~ (To be completed by the Zoning Department) 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: ~S`.3~ Zone District Requesting: I. 3 7 Lot Size ~~- ~~' Front Yard Setback Variance, where ~C ~ ' is required. .5 ' Rear Yard Setback Variance, where 5 O ' is required. `- ' S. 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: Hardship: -~~~'GJa.l~~'llL (A /1 C~i'I iC;rLO r)n ~fC7< Pr'~-~j Vlon- r.on ,Qnrrvlina lG-~ slz - -b Z~r~- cals-I-v~ct . Zoning Official___~ / ~~~.c/ Application fil ~ l~a'1_ 2,c_ ~~ ~ Date ~ ,a'Ci Notices mailed r3 ~ Parcel ID # ~ - Secret y c G o~ 2 oooool 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: Richard Heede 0085 Casey Court Snowmass, CO 81654 Property Location or Description: Lot 14A, Block 2, Filing 2, Gateway to Snowmass Mesa Subdivision, Pitkin County Requesting approval for a 63 foot front yard setback variance, a five foot rear yard setback variance, and a five 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. The granting of these variances would permit the Heede house to be built up to 37 feet of the front yard property line, and up to 45 feet of the rear and south side yard property lines. Duration of Variance: Temporary Permanent• X THE PITKIN COUNTY BOARD OF ADJUSTMENT Joa na S. haffn Secretary ~0~~02 M • Letter describing [he need for a variance: Topographic hardship 17 December 1989 As shown on the accompanying redrawn survey and photographs, one relatively small and well-defined area exists on [he property suitable as a building site. The site approximates [he shape of a triangle roughly 110 feet on a side, affording little wiggleroom for a modestly sized house (footprint of 2140 f[2). Steep slopes on all sides prevent any building beyond this level area on top. The actual position within this area is further constrained by [he location of the already installed septic tank and leach field on the 20 degree slope northwest of the house site (the only practical place for it, considering soil conditions), pushing the house toward the existing drive. Hence we request a side south variance of 5 feet, a back (west) variance of 5 fee[, and a front (east) variance of 63 feet. Neighbors of Richard Heede and Susan Hassol -- Lot 14A, Block 2, Second Filing. David Schuller and Robert Jones Lo[ 1, Block 3, Filing 2 P.O. Boz 10054 Aspen, CO 81612 Dexter and Anne Morse Lo[ 2, Block 3, Filing 2 P.O. Box 6339 Snowmass Village, CO 81615 Barbara and Bill Howell Lo[ 3, Block 3, Filing 2 P.O. Box 29 Snowmass, CO 81654 David and Marilyn-Sue Walsh Lot 15A, Block 2, Filing 2 7 Lurcot[ Lane Central Islip, NY 11722 Robert Maraziti and Sherri Kuecker Lot 16A, Block 2, Filing 2 Box 8278 Aspen, CO 81612 Louis and Susan Hech[ Lot 17A, Block 2, Filing 2 Box 8428 Aspen, CO 81612 John Bruegger Lot 1, Block 2, Filing 1 0047 Elk Range Drive Snowmass, CO 81654 Gateway to Snowmass Mesa Subdivision Lot 13, Block 1, Filing 1 PO Box 211 Open space Snowmass, CO 81654 000004 -- ~: ~ , A i 'p E N, ~, _ ea~mnamr. ~eea oen - 8j6 ~„ "_ ~~V ~l/'~' ~- V' c~/ Po. ~oX ~g i-If:)I+! 24~ 99f7?NL_F31. f~S+!I? 'T"Ci'~I` I:CF'D I-I(J~FL..L.. i~lf7!dNif-IEiS CO (3:i.fi`in I~c:r~ ~r~ ! ~~a slay n:>Fr 000005 Exhibit "A" Legal description. Gateway to Snowmass Mesa Subdivision Lot 14A, Block 2, Filing 2. 1626 Gateway Road ooooos Vicinity map and directions The attached map of Gateway to Snowmass Mesa Subdivision, in Snowmass, shows the location and route to Lot 14A, Block 2, Filing 1. Lot 14A is circled in red ink. ooooo~ • \ I F/L/NG / i -~L F/L/NG t ~ nOMPSoIJ t I H F/L/NB 3 y29,foo _ r i o .9 S 5.+,,.,~ H~wY ; n BLOC 3 ~ ~F 1G St o 0 0 D O 0 ~ B OK I $ Q /z O © © ~B ,/ n QQ O O O © n e~° 1-® ® G '~ ~ O ~ ~ O o O `~ w ° O ~ ~ O O ® p C o O ' /, p © ~ O 6 / O F/L/N6 3 ~a~T ~, LG~ F/L/NG I FAL/NG / ~ 118 000, iJ oZ- E r- ~ c .tT towl G2 0000{ I ~ I I~OSR It02A , ~tGeJ SCALE OAT[ iEV~Si0N5 i ruipEE - scALE/ :200• HOLY CROSS o~,~ nun - xdife'ed e' r/d ~y a-frn awYrt wart rairL' ELECTRIC ASSOCIATION GATEWAY OF SAbWMASS ru wwri -- ~ ~ GIENWOOp SPRINGS, oOLOgApo MESA SUBON/S/ON COLORADO 34 EAGLE tr.r[ i cow.rv rowwsxn ~ N.r No or.nmc Derr Nwvcwoa [t[nw¢ysx...«c. COLO. T.BS. 7/ ~ Ox.wN [r L ME<xtJ e• ~~" "'"ovto sr '9 F/TK/N SEC.J/ i SI A -- O.i[ DICKERSON & WEAVER, )NC. GATEWAY TO SNOWMASS 415 EAST HYMAN, SUITE 201 MESA SUBDIVISION ASPEN, COLORADO 81611 (303) 925-4044 QUUU~~ _,~- '~ ~ j I, ~ _~ Y ti X -f -~ -~' _" F - t f ~ r 000009 ,_ ;~_ , '-- __ ~ --r~ - - _ /L'- ' ~G 92 i i~~ \ __i94 J _~ \ i` .' ~' - - - - -~ ~2oPosEp' ~,,,~ -~ , tdrE ~ s=- i i / y° 25 ~ _,; ..,.. ~ ~ ~`6/~9 9 .~ .6O 3 .Qp' ~~ acav.a r ~- ::OTIt any ? ega. in si:< yc 3~' event, m~ be cc:-er ~.D _..- .._ `icat_on of 3 ~o ~ ~'~ CD0010 'Revision Schedule ~ drawn by \\~ ~ This i=_ tc ~ made u-der the .`~F=t < EX/ T/Ny ~l>/ /E1 / ~~ ~ Dated a~ '~ ~\ ~ By--- -- 6pe2 ~ ~ ~• r A _ /-ia__~~~i-.~ ten,>. ~ ~' ASPEN/PITKIN PLANNING OFFICE 130 South Galena Sircet Aspen, Colorado 87611 (303) 920-5090 LAND USE APPLICATION FEES dry 00713 -63250-134 GMP/CONCEeTUAL -63270-136 GMP/FINAL -63260-737 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 001f5 -63340-763 ENGINEERING SUBTOTAL County t 00113 X3160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL ~ -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS! CONSENT AGEND.~ ITEMS I t -63450-146 BOARD OF ADJUSTMENT I REFERRAL FEES: 00725 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING ( 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-723 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL ,f TOTAL .7!"i 60 Name: ~IL~10..'~d ~QQ Phone: - Address: -- Project: %i•^' - 9~_ ~3 , Check # // • ~ Date: ~ ~ / ~ ~ r ~/ Addifional billing: #ofHours: .'' ooooli County of Pitkin ) AFFIDAVIT OF NOTICE BY )ss. POSTING OF A VARIANCE HEARING BEFORE THE PITICIN COUNTY State of Colorado ) BOARD OF ADNSTMENT The undersigned, being first duly sworn, deposes and says as follows: l/,'~) I . ` ~ < <-1~ ~ ~" F f~ E 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 visible continuously from the ~ p~ day of 19 ~1 CJ to the w..V.zl!` day of 19 ~U (Must be posted for at least (09) ful~d~ s be ore the hea d= ). Applicant's S'\TiL(\gnature Subscribed and sworn to before me this ~~ day of , 19~ 1~, by O!Gt' i (WITNESS MY HAND AND OFFICIAL SEAL_ My Commission expiresc 5~- 9-9a 'I ---~~~S~ature Addres~~~~ LSO d~~~5 T ~`SJ()D12 . ~ s---. %J.~ ~~ 7~~ SI i 4 /~ ,• ' ~~. F' S r ~~~n~. K ~~- / , J I _ 1 ~ / ~'~ J _. /r G r 0 rn N G a' v. N n rt m w rt r 0 0 r• p as m w N rt ~r I A'Sb 4"t %, vfr~i F .. ./.. ;9~.. '' a : .. ~I.r 1 !~ ~. •.. ~. 2 ~^ [' _ ~ W ~ - i' ~~ 3 j i SF'y ij ,' { i fl i { " yy~ 1 + t d f 1 ~ ~4 4 '. ' i .1 ,~, Y ~:: r ~' 3: ` r. ~ rr M C. :v w z ;, c.; r ~ ~ o ¢ c:v c^. P ~ u7 3 ~ ~_ C~ ~ J¢~ G M ~~~ c~ i = _ Z .r O n V /1 ~ ~ P ', ~, C 4~. L ' v G_ ' 1 _' y i ~ ~! 000014 ~ gii;,y ~1:3~~~~ 535 W RESOLUTION OF THE PITICIN COUNTY, COLORADO !f? '^~ ~ BOARD OF ADJUSTMENT ~ u an ~ rr GRANTING SETBACK RELIEF FOR RICHARD AND SUSAN HEEDE 47 ~ w -~ ca - u:.z er RESOLUTION NO. 90-03 M Y F- m WHEREAS, R chard and Susan Heede, owners of Lot 14a, Block 2, Filing 2, Gateway to Snowmass Mesa Subdivision, 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; 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 been established. 3. Granting such relief will not cause substan- tial detriment to the public welfare and will not 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 63 foot front yard setback variance, a 5 foot rear yard setback variance, and a 5 foot south side yard setback variance, be granted due to topographical hardships. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. 000015 ee~nH G13 ~.,c~~~~ Resolution No. 90- 0.3 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: ~l I,N~ oanna S haffn , Secretary '~R~- X~~~ n~~/ "~dKan i Sha fran, Chairman 000016 l~ ~~,~K X1.3 ~~~~~~ 537 Exhibit "A" Legal description. Gateway to Snowmass Mesa Subdivision Lot 14A, Block 2, Filing 2. 1626 Gateway Road 00001'1 Minutes Pitkin County Board of Adjustment January 09, 1990 Members Present: Kandi Shaffran, Chairman Rick Neiley Member Absent: Stan Mathis John Ostwald Evan Gull 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 #90-01, Gillman, Robert, Hiahwav 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 gate. 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 OOOU18 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, Melber4 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. ` ooools Case #90-03, Heede, Richard, Lot 14, Block 2, Filin4 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, Joanna S. Schaffner, Secretary Kand Shaffran, Chairman f 000020 .ASPEN/PITKIN PLANNING OFFI ~ 130 South Galena Street Aspen, Colorado 81611 (303)920-5090 LAND USE APPLICATION FEES city 00113 -63250-134 GMP/CONCEeTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 X3340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE X3090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER OO OO''1 SUBTOTAL _ t. TOTAL =~ri~O Name: ~ I `- IGVI(a.'C'G ~QQ Phone: Address: Check # `~O- D`3 _ Date: Additional billing: Scanned 11 / 14/07 File Finders Box #15