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Home My WebLink Aboutpitkin.boa.90.04 PITKIN' COUNTY BOARD OF ADJUSTMENT DATE ~a "~ 19~ CASE # ! ~) "~' G/ // APPLICANT MvC c6-i- ~IO~X,kQ~( PHONE 9 ao-31o0 MAILING OWNER SG,mt MAILING ADDRESS .;a.wC4~ LOCATION OF PROPERTY I_vt =1 ~0 NO~I0.~ ~~ lIi 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 question. , Applicant Signature~r,~ctt/ ~c~wd (To be completed by the Zoning Department) ~0 ~ ~~ {'I1-i'.G~lha~ 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: F-) Zone District Requesting: I P.C Lot Size ' Front Yard Setback Variance, where _ _' is required. _ _' uoar Yard Setback Variance, where is required_ ' Side Yard Setback Variance, where _° is required. err -bit= Side Yard Setback Variance, where _30 is required. ' Height Variance, where is required. Square Feet where a maximum of sq.ft. is allowed. Other: Hardship: /1.ian- GOn~O/n~in9 /c~fSiZ~ _ _ _. _ - ; / Zoning Officialo /)/'tQ.~/ Application filed' ~ 1 Date~~.Q.(~}'f.G[i.(.c~1 ~i~i~~~ Notices mailej~ ~ -9U ~ ~G ~ ~~, Parcel ID # r,( Cog ~ % ~~/- (~ /- 3.? Secretar 000001 0-~ ~~ 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: March OG, 1990 at 5:15 PM Name and Address of Applicant: Greg Mackey P O Box 208 Woody Creek, CO 81656 Property Location or Description: Lot 56, Holland Hills Subdivision Requesting approval for a 30 foot west side yard setback variance, where 30 feet is required in the AF-1 zone district to allow for a existing fence which exceeds 6 feet in height. The granting of this variance request would allow Mackey to retain his fence on the west side yard property line. Duration of Variance Temporary Permanent• X THE PITKIN COUNTY BOARD OF ADJUSTMENT :e ~ ~ ~ 0 ,T~'anna S. Schaff Secretary Oongn~ 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: February 06, 1990 at 5:15 PM Name and Address of Applicant: Greg Mackey P O Box 208 Woody Creek, 81656 Property Location or Description: Lot 56, Holland Hills Subdivision, Pitkin County Requesting approval for a 22 foot 6 inch west side yard setback variance, where 30 feet is required in the AF-1 zone district, for the erection of an 8 foot high fence. The granting of this variance will allow the fence to be placed 7 1/2 feet from the Mackey west side yard property line. Duration of Variance: Temporary Permanent• X THE PITKIN COUNTY BOARD OF ADJUSTMENT J na S. S haffne Secretary VI^ Y/.'J ll.t,~F ~ .~.l.? ~. ~~ 1 /. ~:' ~'.Pta: c'3 C`Y '.'a L'lri P!"i) 'i OL' Cl1L °~ CBt13T fE':1CE• Cf~ pll? '; A.Ia C. OY C!.17: 1L'OPE?1.-C}" Oll 1,.• 1, F'C3~li;? 1 'vd,^ a. Y'Fa [iE::<?'. '!:O C~?Pi1Rf~i Ct1 F11 I:~TC T_BT ~~y b71 x:.1'1 a ~.nt. (.~i i. Yiii i~iCr z.i. :. "~ O?i i.jl r_l~1!ti ilk ~' . ._ ,F. iC~~ _.,, ?-.CU [l;.i:2'G4y t.C !CI'i`-1E-? t,i!° ~~E II ;'.~ q~j' t~:r'. (_i1 G;:+E?:: t`' ~!1?r"1 ':; !"1i-'. T4'.i. 7.7~E':., !,'L^ 1.1:. ,..: Ci-i.y ^.) 4~''n pvpl: Vi1~7 ~? ii t~ l;Ca c'i"'rl. l~e'-' j.. Y"J,`t9 :': ?,'y' .. <`C1 1-i)-ll'14!'c:'J n[~r i;~l.. T.:i.L i~ 1=.i15`.: Oi: t^:1 _8 i. 1'~ C~ <: WEa:y; tlr"i °_.a ~Y t: EE?..i ~:}'r i~~.t F~.1!l _, :-~':q;_t?_;(:,8, Ii;IG Ba S~]..i. t: ,1, ~. 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B~~ L/NEB /N'SPACE SYDNEY L/NCICOME (L.S. /4///I BOX 121 CAH80NDALE, COLO. 303-963-3852 ASPEN/PITKIN PLANNING OFFICE- 130 SO@th Galena Street Aspen, Colorado 81611 (303) 920.5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL _ X3270-136 GMPlFINAL -63280-137 SUB/CONCEPTUAL _ X3300-139 SUB/FINAL _ -63310-140 ALL 2-STEP APPLICATIONS _ -63320-141 ALL i-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 X3190-129 SUB/GENERAL E3200-130 SUB!DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS b3450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 b3340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 X3360-143 ENGINEERING PLANNING OFFICE SALES .~ ~ - :, _,' j 00113 113080-122 CITY/COUNTY CODE 113090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL ;7 Name: }S~ ~£,1 Q f P ~ 715~ Phone: - ~' Address: ~~ ~ ~ ~ " ~ i Project:" ~. _ Check # 1 ,, =~j 1 l ~ -~..-' Date: l _.; t / Cj ~ Additlonal billin 9 ~ ~ #of Hours: nnnnri? . ~ ~ eooK ~i17 ra~~8~ RESOLUTION OF THE PITRIN COUNTY, COLORADO ~ 2 ' 6 2 BOARD OF ADNSTMENT GRANTING SETBACK RELIEF FOR GREGG MACKEY 9iLY~~t DAMS ti i K,IH CM1iY R[S9RDER RESOLUTION NO. 90-04 GPR ~ ~4 iz PM'90 WHEREAS, Gregg Mackey, owner of Lot 56, Holland Hills Subdivision, requests a 30 foot west side yard setback variance where 30 feet is required in the AF-1 zone district, for the erection of a fence which exceeds 6 feet in height; 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 a 30 foot west side yard setback variance be granted to allow for an 8 foot high fence as measured from the natural existing grade due to topographic hardships. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. Q~~~~~ , ~ ~ euax 61.7 Yac~~S~ '' Resolution No. 90- 0~ Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: March 6, 1990 The Board of Adjustment of Pitkin County, Colorado ATTEST: ,~~ ` ~`~ Cindy L. Christensen, ecretary Ka di Shaffran, Chairman ~~Q~~~ Exhibit "R Legal Descrip ~n for property ow t by GREGG MACHI. Lot 56, Holland Hills at Basalt, Pitkin County, Colorado 000010 NOTICE OF PUBLIC HEARING BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING VARIANCE DESCRIBED BELOW: Pursuant to Pitkin County Zoning 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 others affected in deciding whether to grant or deny the request for variance. DATE AND TIME OF MEETING: ;February 06, 1990 at 5:15 PM. Mackey, Greg: requesting a 22 foot 6 inch west side yard setback variance, where 30 feet is required in the AF-1 zone district, for the erection of an eight foot fence. Property Location: Lot 56, Holland Hills Subdivision, Pitkin County. Dickerson, Robert: requesting a 50 foot front yard setback variance, where 100 feet is required in the AF-1 zone district for the construction of a residential house. Property Location: SE 1/4 of the NE 1/4, of Section 23, Township 8 South, Range 83 West, Pitkin County. Ukraine, John: requesting a 55 foot front yard setback variance and a 27 foot west side yard setback variance, where 100 feet and 50 feet respectively, are required in the RS-20 zone district, for an existing residential house. Property Location: Lot R-84, Starwood Subdivision, Filing Fourteen, Pitkin County. Rutherford, Donald: requesting a 25 foot front yard setback variance and a 15 foot south side yard setback variance, where 100 feet and 50 feet respectively, are required in the RS-30 zone district, for the construction of a residential house. Property Location: Lot 23, Block 2, Crystal River County Estates. Submitted to the Aspen Times on January 23, 1990. To Be Published in the Aspen Times on January 25, 1990. County PO # 000011 NOTICE OF PUBLIC HEARING BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING VARIANCE DESCRIBED BELOW: Pursuant to Pitkin County Zoning Resolution of June 5, 1955, as amended, a Public Hearing will be held ir: 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 others affected in deciding whether to grant or deny the request for variance. DATE AND TIME OF MEETING: March 06, 1990 at 5:15 PM. Mackey, Greg: requesting a 30 foot west side yard setback variance, where 30 feet is required in the AF-1 zone district, for the erection of an eight foot fence. Property Location: Lot 56, Holland Hills Subdivision, Pitkin County. Dickerson, Robert: requesting a 50 foot front yard setback variance, where 100 feet is required in the AF-1 zone district for the construction of a residential house. Property Location: SE 1/4 of the NW 1/4, of Section 23, Township 8 South, Range 83 West, Pitkin County. Philosophos, John, and Koules, Oren: requesting a 5 foot front yard setback variance where 30 feet is required in the R-30 zone district, for the construction of a single family residence. Property Location: 0260 Wright Road, Red Mountain, Pitkin County. Hansen, Tom: requesting a 90 foot front yard setback variance and a 17.5 foot east side yard setback variance, where 100 feet and 30 feet respectively are required in the AF-1 zone district, for an addition to a single family residence. Property Location: 4074 Lower River Road, Woody Creek, Pitkin County. Aspen Valley Hospital: requesting approximately 11 foot front yard setback variance where 30 feet is required in the PUB zone district, for the placement of an identification sign. Also requesting sign permits for three identification signs. Property Location: 0200 Castle Creek Road, Pitkin County. 00001 Miller, Lee: requesting a 70 foot front yard setback variance where 100 feet is required in the AF-1 zone district, for the construction of a single family residence. Property Location: Lot 4, Block 6, Filing 1, Brush Creek Village, Pitkin County. Hoff, Dave and Ruth: requesting a 30 foot rear yard setback variance, where 50 feet is required in the RS-20 zone district, for the construction of a single family residence. Property Location: Portions of Lots 19 & 20, Section 9, Township 9 South, Range 85 West, Woody Creek area, Pitkin County. Garza, Santiago: requesting a 184.63 square foot variance in floor area where a maximum of 3150.03 square feet is allowed in the R-30 zone district, for an addition to a single family residence. Also requesting a 13.4 foot setback variance, where 20 feet is required in the R-30 zone district for the addition of a residential garage. Property Location: Lot 7, Ridge of Red Mountain, Replat 2, Pitkin County. Submitted to the Aspen Times on February 20, 1990. To Be Published in the Aspen Times on February 22, 1990. County PO # 46810 r Minutes Pitkin County Board of Adjustment February 06, 1990 Members Present: Member Absent: Kandi Shaffran, Chairman Rick Neiley Ted Guy Evan Gull John Ostwald Stan Mathis Francis X. Krizmanich, Pitkin County Zoning Administrator, was present with staff recommendations and comments. Shaffran opened the meeting at 5:18 pm and introduced the Board to those present. Greg Mackey, (Case 90-04) was not present at the beginning of the meeting. Shaffran made a motion to table the case until a representative for the case was present. Guy seconded the motion, and it was passed with a 4-0 vote, with Neiley abstaining. Case 90-05, Dickerson. Robert SE 1/4 NW 1/4 S23 T8S R83W The secretary to the Board informed the members that the Dickerson case.was incorrectly posted in the Aspen Times. public notice which was published Thursday, January 25, 1990: Any resolution approving this case must be pending proper renotification in the Aspen Times and no objections from adjacent property owners. Fred Smith was present to request a 50 foot front yard setback variance where 100 feet is required in the AF-1 zone district, for the construction of a single-family residence. The lot is 2.5 acres in a 10 acre zone district. Smith is under contract to purchase this parcel from Dickerson. Smith claimed that a geologic formation of boulders, as well as a 35% slope, prevents him from building further back on the parcel. Krizmanich, familiar with the lot, concurred that the extreme steepness of the lot supported Smith's claim of topographic hardship. A 1041 hazard review concluded that no hazards existed within the proposed building envelope. The envelope, however, does lie within required setbacks. Shaffran read a memo from county planner, Mariano Lucero, whereby Lucero recommended approval for the 1041 review, provided the applicant apply to the Board of Adjustment to reconcile his front yard setback requirement. The approval for the 1041 review was granted. 000013 .~ Smith submitted to the Board, photos which depict the boulder field and tree groves presently on the lot. A letter from adjacent property owner, Robert Wright, expressed concerns over the entrance side of the proposed house which faces east towardaWright's property. Wright's wish was for Smith to place the entrance to the house on the west side to reduce any visual impacts and to preserve privacy for both parties. Smith responded that a septic system is to be situated on the opposite side and that cars will not be able to drive over this area. Also, it was his intention to preserve the trees and vegetation which are currently between the proposed house and the Wright house to help mitigate any negative visual impacts. After the Board reviewed all the material presented, Shaffran made a motion to grant a 50 foot front yard setback variance due to topographic hardship and non-conforming lot size, pending renotification in the Aspen Times. Neiley seconded the motion and it was passed with a 5-0 vote. Case #90-06 Ukraine John Lot R-84, Starwood Fourteen John Ukraine and representative, Jane Ellen Hamilton, were present to request a 55 foot front yard setback variance and a 27 foot west side yard setback variance, where 100 feet and 50 feet respectively, are required in the RS-20 zone district. Hamilton explained that because of topographic hardships, Ukraine was granted a 40 foot front yard setback variance in 1988, (BOA Resolution 88-25, representative, Jim Columbo). However, a survey made after excavation had already begun, determined that the excavation was not done in accordance with the original plans submitted. The proposed house is now 45 feet from the front yard property line and 23.5 feet from the west side yard property line. Variances are now being sought to approve the errors in excavation. Since the house is not being built as specified on the plans submitted, any previous variances granted are considered null and void, and the additional encroachment has been added to the original requests. Any further encroachments must be presented before the Board of Adjustment. Elli Brickham, representative for the Starwood Architectural Committee (Committee) was present, and stated that the excavation was "horrendous". She added that it was agreed at the Committee's January 8, 1990 meeting, that the Committee would grant approval pending approval from the Board of Adjustment. Hamilton submitted four letters from adjacent property owners, Katz, International Investments and Property Holding Company N.V., ASPCOL, and Hodor, expressing approval of the new variance request. The letters were read by Shaffran and added to the 000014 file. Hamilton also presented the Board with several photos of the site. The Board held a brief discussion and review of the evidence presented, after which Shaffran made a motion to grant a 55 foot front yard setback variance and a 27 foot west side yard setback variance for the encroachment of the house as built into the setback and as shown on the revised survey, due to topographic hardships. Mathis seconded the motion, and it was passed with a 4-1 vote, with Ostwald objecting. Greg Mackey was present to request a 22 foot 6 inch west side yard setback variance, where 30 feet is required in the AF-1 zone district, to allow for an existing fence which exceeds six feet in height. During the review of plans, it was determined that an error had been made, and that Mackey is actually requesting a 30 foot side yard setback variance, since the fence is currently situated on the property line. The granting of any variance will be conditioned upon renotification in the Aspen Times, and no objections from adjacent property owners. According to the Pitkin County Land Use Code, any fence over six feet in height shall be considered a "structure", and therefore, shall not be placed in the setbacks and shall require a building permit. Krizmanich had red-tagged this fence because Mackey did not apply for a building permit and because the fence is located within the required side yard setback. According to Mackey, neighbors approve of the fence and have offered to share the cost. The Mackey's desire this fence to act as a barrier between their lot and a commercial lot next door. Shaffran made a motion to grant a 30 foot west side yard setback variance for an 8 foot high fence as measured from the natural existing grade, due to topographic hardships pending renotification in the Aspen Times and no objections from adjacent property owners. Neiley seconded the motion and it was passed with a 4-0 vote, with Guy abstaining due to a conflict of interest. Neiley was present to represent Greg Minor, who is contracting to purchase this lot from Rutherford. This request was for a 25 foot front yard setback variance and a 15 foot south side yard setback variance, where 100 feet and 50 feet respectively, are required in the RS-30 zone district, for the construction of a single family residence. 000015 Neighbors, Gary Marken and Mike Mitchell, were present to voice concern over the proposed house being too close to their house. They sited privacy, view planes, and existing vegetation which they wished preserved as cause for concern. They were also concerned about being down wind from Minor's septic system. Guy asked Neiley if Minor would be interested in relocating his house to avoid a side yard setback variance. Neiley stated that he would ask Minor to speak with Marken and Mitchell and to then proceed with his side yard request. He asked if the Board to table the side yard request until the next meeting. Guy made a motion to grant a 25 foot front yard setback variance due to topographic hardship, and to table the side yard setback variance request until the March 6 meeting. Shaffran seconded the motion and it was passed with a 4-0 vote, with Neiley abstaining. Shaffran made a motion to accept the minutes of the January 9, 1990, meeting. The motion was seconded by Guy and all present agreed the minutes should be accepted. e Shaffran adjourned the meeting at 6:30 pm. Respectfully Submitted, oanna S. Sch fner, Secrekary Kandi Shaffran, Chairman 000016 ~SPEN/PI30 INtPG ANNING OFFIC~ Aspen, Colorado 81611 (303) 920.5090 LAND USE APPLICATION FEES City GMp/CONCEPTUAL 00113 F3250-134 GMPIFINAL -63270-136 SU BIGONCEPTUAL -63260-137 SU BIFINAL -63300-139 LL 2-STEP APPLICATIONS -63310-140 A A / -63320-141 T MS ~pNSENT AGENDA REFERRAL FEES: -63340-205 ENVIRONMENTAL HEALTH 00125 HOUSING 00123 -63340-190 -63340-163 ENGINEERING SUBTOTAL 00115 County -63160-126 GMp/GENERAL _~- 00113 -63170-127 _ GMPIDETAILED _ ~- -63180-128 GMPIFINAL ~-- -63190-129 SUBIGENERAL _ ~ -63200-130 _ SU BIDETAILED -~- -63210-131 SU BIFINAL ALL 2-STEP APPLICATIONS ~--- -63220 132 LL 1-STEP APPLICATIONS/ _----~-' -63230-133 A CONSENT AGENDA ITEMS - BOARD OF ADJUSTMENT --=-- -63450-146 REFERRAL FEES: _- ENVIRONMENTAL HEALTH -63340-205 00125 -63340-190 -_ HOUSING -- 00123 -63360-143 ENGINEERING 00113 PLANNING OFFICE SALES CITYICOUNTY CODE ~- 00113 -63080-122 -63090-123 -- COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL ~7 O O O O 1 r TOTAL Phone: ~- Name: - Project: Address: Q ~ ° C t Date: Check # ttof Hours._--~ Additional billing: Scanned 11/14/07 File Finders Box #15