HomeMy WebLinkAboutpitkin.boa.05.01.~-~ IIII II II II IIII I I IIII VIII ~ I III 08936005 01 :35f
SIWIR DRVIS PITKIN COUNTV CO R 0.00 D 0.00
RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADNSTMENT
GRANTING SETBACK AND HEIGHT VARLANCES FOR
LOT 19, BLOCK 2, PITKIN GREEN SUBDIVISION
Resolution No. 01-2005
WHEREAS, David Lipman, owner of 204 Magnifico Road, is requesting a 5 foot Front yazd setback
variance and a 3.5 foot Height variance for the construction of an entry canopy and retaining wall
respectively; and
WHEREAS, 30 feet and 30 inches respectively is required on this .725 acre parcel in the R-30 zone
district; and
WHEREAS, the parcel is described as Lot 19, Block 2, Pitkin Green Subdivision; and
WHEREAS, the Board 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,
WHEREAS, based on the evidence presented, the Board of Adjustment makes Ule following
findings:
1. Proper notice procedures, including the notificafion of all adjoining property owners, has been
demonstrated.
2. The required hardship or practical difficulty has been established.
3. Granting such relief will not cause substantial 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 Boazd of Adjustment, that a 5 foot Front Yazd
Setback Variance and a 3.5 foot Height variance be granted for the constmction of an entry canopy
and retaining wall as shown on Exhibits A and B, due to topographic hazdships.
WARNING: Any violation of the terms of this resolufion may result in rehearing and possible
revocation.
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of
Colorado.
DATED: August 2, 2005
ATTEST:
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oanna S. c er, ate
County Zoning Officer
Parcel Il)#273501403016
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The Boazd of Adjustment of
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MINUTES
Meeting of the
Pitkin County Board of Adjustment
August 02, 2005
Members Present: Rick Head, Co-Chair Jim Rifkin, Co-Chao
Bob Throm Deanna Olsen
Members Absent: Michael Cooper
Staff Present: Joanna Schaffner, Zoning Officer and acting secretary
Rifkin opened the meeting at 5:25pm.
Case # 0-2005
Lipman, David
Block Z, Lot 19, Pitkin Green Subdivision
Todd Kennedy, Rob Russell, and Valerie Alexander were present to represent the applicant in his
request fora 5 foot Front yazd setback variance where 30 feet is required and a 3.5 foot height
variance where 30 inches are allowed within a required setback for the construction of an entry
canopy and retaining wall respectively.
The Affidavit of Posting was submitted. No one from the public was present to comment. A
letter of support from The Pitkin Green Homeowner's Association has been submitted
Kennedy identified for the Board the subject lot on the Pitkin Green plat. He then presented a
plan of the existing 5,000 square foot house which encroaches into the Front yazd setback 5-8
feet over a horizontal distance of 45 feet. There doesn't appeaz to be a variance for this existing
condition.
A 1041 Hazard Review building envelope was approved for this site because of the excessively
steep slopes that exist from the edge of the building to the south.
The request is for a cantilevered entry canopy on the north side of the residence, and a small site
wall to be used as a planting platform. Because of the steep slopes, the azchitect proposes to
lower the building platform five feet make the front edge of the building comply with the height
limit. As viewed from Magnifico Road, the house appears to be primarily a one story structure.
Lowering the building site created the opportunity to return the existing grade surrounding the
house back to a more natural condition. The proposed site wall will reduce the slope from over
50% to about 35%, and will create a more natural condition which will enable successful
revegtation and planting.
Landscape architect, Valerie Alexander commented that trees around the house aze desired to
help screen and soften the house. The current condition is too steep to allow a rootball to be
successfully planted without creating individual wells for each tree. Also, the grade drops away
so quickly that you lose the effect of the planting.
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Rifkin asked if the wall was primarily retaining or esthetic and of what material will it be
constructed? Alexander and Kennedy replied that it would be concrete blocking.
Head asked the age of the house. Kennedy replied that the house was from the 1970's, and is
being demolished because of severe water and structural damages that occurred under the
previous owners. The house has been gutted and shored up so it won't collapse. The house is
generally in a state of disrepair and is not salvageable.
Rifkin asked if the canopy was just an architectural detail. Kennedy replied that it was an
azchitectural element, but since it's on the north side of the house, it is also an important
protective element.
Olsen asked if the house could be pushed back. Alexander stated that the limitations of the 1041
building envelope did not allow them to go further to the south.
Head asked why this case number is O 1? Schaffner responded that this was the fast case to be
submitted this year, and that the applicant had requested that the application not proceed until
this meeting.
Head made a motion to approve the request as submitted due to topographic hazdships.
Throm seconded the motion and all voted in favor, 4-0.
13-2005
Rockies Property, LLC
Lot 72, Mountain Valley Subdivision
AKA 17 Mountain Laurel Court
Architects, Chip Houser and Seth Hmielowski, Craig Bames and Mike Tanguay of Aspen
Constructers were present to request an 18 foot Front Yazd setback variance where 30 feet is
required on this 15,741 sf lot in the R-I S-A zone district for the construction of asingle-family
residence.
The Affidavit of Posting was submitted. Schaffner noted that no letters of objection were
received; however, there were members of the public present to comment on this case.
They included: Grafton Smith and Richazd Haberman of the Homeowner's Architectural
Committee, Evan Benning, head of the Homeowner's Association, Vera Haberman owner of Lot
81, and Ann Fox, owner of Lot 74.
Hmielowski presented the request. He stated that a 1041 Hazazd Review building envelope has
been approved which pushes the house away from slopes along Mountain Laurel Road, to the
upper portion of the lot. Access is, therefore, taken from Mountain Laurel Court, which makes
the property boundary along Mountain Laurel Court the Front yazd according to the Land Use
Code. Had access been taken from Mountain Laurel Road, there would be no setback
encroachment as the required Side and Rear yazd setback is only 10 feet. The perceived front
yard, however, is from Mountain Laurel Road. Hmielowski also presented renderings of the
proposed house and a site plan showing the azeas of encroachment.
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Head asked what was the height limit. Schaffner replied that the height limit was 28 feet to the
midpoint of the roof, and 33 to the ridge. Head noted that the house is proposed at 27 feet, and is
therefore is lower than what is allowed.
Rifkin opened the meeting to public comment. Grafton Smith, Evan Benning and Vera
Haberman asked questions about the height and size of the house. Houser replied that the
building components encroaching into the setback are fairly low, one-story elements. The eave
height is 10 feet and the peak is another 10-12 feet above that. The proposed floor area is 3012
sf above grade, a 748 sf garage, and 2,374 sf below grade. The gross square footage allowed is
8,750 sf, while only 6,014 sf is being proposed. V. Haberman added that she thought the house
was too close to the road.
Richazd Haberman, commented that the Committee wishes to avoid setback variances because
houses aze getting too close to one another.
Pam Fox stated that Mountain Laurel Court is a very dangerous curve and that she wasn't
comfortable with the driveway location. It was a one lane road in a wooded azea, and she wasn't
happy that the trees and lilac bushes would be removed. She didn't mind seeing a beautiful
home from the road as much as she was concerned with safety issues.
Hmielowski stated that the County Engineer, Bud Eylar, was concerned about site lines because
of the existing beans, but has approved the location of the driveway. Throm affumed that Eylar
was the County's engineer and was responsible for fire and vehiculaz safety. If Eylar approved
the location of the driveway, it was his opinion, and thus the Boazd's opinion, that the driveway
is safe. Hmielowski added that the plan was to keep as many trees as possible and to add more
plantings to the existing berm.
Riflcin commented that the Boazd's purview was pretty narrow and these were issues they could
not consider. They were to determine whether there was a hardship.
Throm made a motion to approve the request as submitted due to topographic hardships.
Head seconded the motion, and added that this house is not inconsistent with everything else
being built in Mountain Valley. The fact they encroach in a setback on the east side toward the
street, minimizes the impacts to the neighbors on the west.
The Boazd voted to approve the request, 4-0.
12-2005
Riggs, Leonard and Peggy
Lot 17, Block 2, Pitkin Green Subdivision
David Johnston was present to represent the applicants in their request fora 20 foot Front Yard
setback variance where 30 feet is required on this 15,741 sf lot in the R-15-A zone district for the
constmction of asingle-family residence.
Johnson stated that he left the Affidavit of Posting in his office and would submit it before the
end of the meeting.
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Attorney, Curt Sanders, representing Merl Dulien, the neighbor to the south, was present. No
other members of the public were present to comment on the case.
Johnson stated that the building envelope approved in the 1041 Hazard Review pushed the house
to the north because of steep slopes to the south. Other houses in the subdivision have also been
pushed closer to the road. The requested variance is to allow the proposed house to be built over
the existing structure and to m;n;mize any disturbance to the lower site.
Head stated that this case is an exact duplicate as the Lipman case heazd eazlier tonight. In fact
there is only one lot between them. The argument is the same for both lots. Head made a motion
to approve the request as submitted due to topographic hardships.
Throm seconded the motion. The Boazd voted to approve the request, 4-0.
Johnson asked if Sanders wished to comment on the case. Sanders said his client supported the
request.
14-2005
Nofziger, Tom
Lot 14, Block 2, Little Elk Creek Subdivision
AKA 109 Haystack Lane
Tom and Renee Nofziger were present to request an 18 foot Front yard setback variance where
30 feet is required and an 8 foot Side yazd setback variance where 20 feet is required for this
1.147 acre pazcel in the AFR-2 zone district, for the construction of anaddition to asingle-family
residence.
Throm stated for the record that he knows the Nofzigers, however, he believes that he can be
impartial.
The Affidavit of Posting was submitted. There were no members of the public present to
comment on the application. A letter from adjacent property owner, Phil and Lymt Eastley,
supported the request.
Tom Nofziger stated that he bought the house six years ago and didn't realize that the house was
located in the setback. Their garage is not big enough to hold two Subaru Outbacks, let alone
any "stuff . They wish to add on to the gazage. The house has been there since the 1977 and
there are fully mature aspen trees that aze I S Feet tall. He distributed color photos of the site to
the Board. There is about 18-20 feet from the property line to the edge of the road. The
Eastley's house is located to the back of their lot, and the Nofziger house is located to the front
of their lot, so the Eastley's have given their support to the request.
Throm noted that the configuration of the roads as they enter this property is a hazdship of
practical difficulties since it is a condition created by the subdivision.
Head made a motion to approve the request as submitted due to practical difficulties.
Throm seconded the motion. The Boazd voted to approve the request, 4-0.
Schaffner asked the Board if they would all be present for the September 6`s meeting, the day
after Labor Day. and all stated that they would be in town.
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No minutes from the 7uly meeting were avaIlable for review/comment.
There being no further business before the Board, Head made a motion to adjourn the meeting.
Throm seconded the motion, and it passed, 4-0.
Respectfully submitted,
US
anna 5. S ha fner, to
oning Officer
Appr d:
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Co-Chair
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PITIiIN COUNTY
BOARD OF ADJUSTIVIENT
Application Form
DATE Z • 7 • 05
REPRESENTATNE .I..AtzRY Ya-.I ~Toa ~L~+'+~Y PHONE 9Zl • 4`rZ5
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E-MAIL ~N,ti V ®CCY AeC.-1 ~'rCdTS . Co ~ FAX 9 Z 1 ' 8 ~ 7 a
MAILING ADDRESS Po R~X ~Z9 8,4SA~-f-; Co 8162 1
OWNER 1"iR. '~ T-SIRS, DAVrp L.tpr-1q~ PHONE 3°5. 66Z • Z6[.Yj
NiAILINGADDRESS_~`lol S.~l. -I¢ 55Rx~' •~k3aq- MIAr-11iFi. 33193
LEGAL DESCRIPTION
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SUBJECT PARCEL ADDRESS BLgCIL Z - Lo ~ Iq PITKt~ 4~EEhI
PARCEL ID ~' Z ~~'Zx4 '03-•o1Sc ZONE DISTRICT R' 30
LOT SIZE • ~Z5
SIGNATURE
the Zoning Department)
CASE k C~l'ZC~J
(To be
Requesting:
_~' Front Yazd Setback Variance, where s~' is required.
' Rear Yazd Setback Variance, where ' is required.
' _ Side Yard Setback Variance, where _' is required.
' _ Side Yard Setback Variance, where ' is required.
3~S 'Height Variance, where ~~ is allowed
Comments: `~0 (~D'Y~ Ol'Y~ Pivt~lu,1 ~1~a2..
Application filed '~-7-Q ~
Refer to ~i ~'•Gr- 1-I o R
Date of Meeting 3" l'D~
Notices Mailed 7-/~-Q,J'
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'p,,., ,,, ,,,; .; 2735-014-03-016 OAClii=ptQ~~p' 2/7/2005 ',~', ,;yu ~~ t$~{9g~t~ 01-2005
4Ji${~'F#AA1~• Lipman Front Yard Setback Variance r pt,-~II4; Joanna Schaffner
', ~ ~ , ~~ 204 Magnifico Way, Blk 2, Lot 19, Pi GABG°~1'YP• Front Yard Setback Variance ffitffPS:~~~
':''AMI~tlkRPt M/M Dawd Lipman ~ ~~Ap!'~ 5901 SW 74 St, #304 ° C(; Miami, FL 33143 'pHF,ta
REP..: Larry Yaw }apt Box 529
Cl.'~i ' Basalt, CO 81621 P.NN 927-4925
"~ FEE$~~~pt7EF $546 - ., FEES`R6Vp $546 #18817 ~~ '~
~~$~Pitkin Green HOA
REF: BY Isabel C D17E:1
MX6'pA1iE... .REY~,1ClY' ;PH ' NC171G~,P'
~~f/YR~ BOA yes rx +~'F+MIAt: AG"Tf45N~~~•y•~••
public notice to JJ. notices to neighbors:
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£fA?~Gh4f$~1:;'~""``"' BY:: Janis Taylor
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June 30, 2005
Board of Zoning Adjustment
Go Joanna Schaffner, Zoning Officer
Pitkin County Community Development
130 S. Galena Street
Aspen, CO 81611
Re: Variance Request
Blk 2, Lot 19, Pitkin Green Subdivision
Dear Ms. Schaffner:
My architectural firm represents property owners of record, Mr and Mrs. David Lipman in applying for a
variance based on topographic hardship.
Lot 19 is currently occupied by an existing single-family residence, whose location on the site is non-
conforming with respect to the current front yard setback from Magnifico Drive. As shown on the partial
composite site plan (drawing A2) the existing structure encroaches outside the 30 ft. front yard setback from
5 ft. to 8 ft. for a horizontal distance in excess of 45 ft.
It is the intention of the Lipmans that the existing structure, which is unoccupied and in a state of disrepair,
be demolished and replaced by a new single family residence whose FAR limitations are 4105 sq. ft. plus
garage and subgrade basement.
The variance request is for (a) a protective "canopy" roof over the front door, which partially projects into
front yard setback by a maximum dimension of 5 ft and (b) a low site wall occurring in the eastern side yard
setback for a maximum dimension of six feet in length. This is shown by the attached Partial Floor/ Site
Plan (o? 1"=10 ft. Scale. (Drawing A3).
The architectural design for the new Lipman residence has been completed, and the preliminary submission
to the Pitkin Green Homeowners Association DRB has been approved including the projecting front door
canopy and retaining wall. The approved architectural design, including floor plans, exterior elevations,
building sections is attached hereto.
The site configuration and topography are unusual and exceedingly steep. As can be seen on the attached
site plan, the site is accessed off Magnifico Way by a down sloping driveway to a narrow (man made)
"platform" which, in fact is the current entry level to the existing structure and its garage. From that point the
topography transitions abruptly and steeply to the south at an average gradient of 43%. From the North
(Magnifico Way) side the architecture of the new residence is essentially that of a one-story facade. In
order to locate the building within the zoning height envelope (see site section) the entry level had to be
lowered approximately 6 ft. below the level of the existing house. It could be lowered no further because
the access driveway reached bath the practical and Pitkin County gradient limits.
The project has received Pit Co 1041 approval, but again, due to the difficult topography, the actual
development envelope was constrained to an area of 5752 sq. ft.
COTTIE CARR VAW ARCHITECTS LTD
228 Midland Ave PO Box 529 Basalt CO 81621
970-927-4925 fax 970-927-8578
oOn~+ ~nfo~ccyarchitects.com
Ms. Joanna Schaffner
June 30, 2005
Page Two
The 1041 development envelope represents 18.2% of the entire site, which is 31581 sq. ft. The actual
building footprint of 3362 sq. ft. represents only 10.6% of the entire site area.
This gradient limit, combined with the 28 ft. height limit (derived from the 43% site gradient) makes it
virtually impossible to move the structure to the south, because the building would increasingly penetrate
the height limit envelope. This "catch 22," defined by excessively steep topography, Pitco roadway gradient
limits and the Pitco height limits, clearly define topographic "hardship."
As is illustrated on the partial floor plan/site plan the proposed entry canopy, under the above described
circumstances, partially projects into the front yard set back in a small triangular form, which is indicated by
hatching.
The need for a protective canopy above the entry door to the home is particularly important, in a safety
sense, because it is located on the shaded north side of the building. The entry canopy has no support
structure within the setback and the total canopy area projecting into the set back is approximately 22 sq. ft.
In addition and due to the same topographic "hardship", retaining walls are required for driveway access
(approved per the County Engineering Department-pending). In order to keep the driveway walls less than
6 feet in height, a second wall that retains both the entry paving and driveway platform is being requested.
This wall is approximately 6 feet in length and no more than 5.75 feet in height (see attached plan). This
wall is not being requested to create more useable space, but instead is proposed to allow far planting
platforms to reduce the visual height of the driveway retaining walls. Without this wall, the existing grade
nears -50% and will be extremely difficult to plant trees or shrubs.
We appreciate your consideration of this variance request and hope your findings will assist the Lipmans in
overcoming this hardship.
Ve truly yours,
~/"V
Larry Yav~FA
Principal
cc: Mr. and Mrs. l7~vid Lipman
Mr David Kelly
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PITKIN GREEN HOMEOWNERS ASSOCIATION, INC
P.O. SOX 10179
ASPEN, CO 81612
June 29, 2005
Board of Adjustment
Pitkin County Community Development Office
130 S. Galena
Aspen, Co 81611
Re: Lipman Residence, Lot 19, Block 2 Pitkin Green Subdivison
With respect to the above mentioned residence, we have reviewed
the request for a variance shown on plans dated 02/07/05 for a
front door canopy which would the cantilevered off the north face
of the house that would protrude into the 30 front yard setbaclc+~'We
gave nrs objection to granting a variance to permit this canopy as
designed. .
Please be advised that it is our procedure to approve the final
design of any proposed house only on submission of the plans that
aze submitted for a building permit.
Homeowners Assoc, me
/ B son H.Augur
/ A dir or
VVV Cc Larry Yaw
CCY Architects
P.O.Box 529
Basalt, CO 81621
000027
Z 'd BV05 ~ON S,LOH,IIHOHtl h00 YdtlVZ 6 5002 'i "I[lf
02/07/2005 15:13 0000000000 CD
--- • •
DAV>m M. I trlotnly, P.A.
ArrovNEYS AT Um
Svire 304
5901 S.W. 74 Srte~~ET
MIAMI, PLORIDA 33143-5186
DA~1D M. ISPMAN
REDBCCA S- SHULL
February 4, 2005
BY FAX: 970-927-8578
Mr. Larry Yaw
Cottle Caz Yaw Architects, Ltd.
228 Midland Avenue
Basalt, Colorado 81621
RE: Lipman - Magnifico Residence
TEUPeoNE: 305-662-2600
FACSIMILE: 305-667-3361
TOLL FxEr 1.800-226-2620
Dear Larry:
Kindly allow this letter to serve as authorization for Mr. Larry Xaw, of Cottle Caz Yaw
Architects, Ltd., to act as my agent in the variance review process in front of the Boazd of
Adjustments of Pitldn County, Colorado.
I am awaze that Mr. Yaw has made application and will appeaz before the Boazd for this
variance and I have no objections to his appeazance.
If you have any questions, do not hesitate to contact me.
Stay well.
Sincerely
DAVID M. L
DML/ar
Enc.
Q~~~~B
310
Pri'KIN COUNTY T1TLE~, INC. •
1 E. HOPKINS AVENUE, 3 FLOOR
ASPEN, COLORADO 61611
303-925-1766/303.925-6527 FAX
ADJACENT OWNER' STATEMENT
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado, hereby certifies the following list is a current
list of adjacent properly owner's as obtained from the most current Pitkia County Assessors Tax Rolls.
NAMES AND ADDRESSES BR1EF LEGAL DESCRIPTION
SUBJECT PROPERTY:
LOT 19, BLOCK 2, P1TKiN GREEN
ADJACENT PROPERTX OWNER'S
NAME AND ADDRESS
GLORIA G. SCHARLIN
10 EDGEWATER DRIVE APT. 4A
CORAL GABLES, FL 33133-6962
ALEX KAUFMAN
P.O. BOX 12395
ASPEN CO 81612
MERLE J. DULIEN
P.O. BOX 3556
ASPEN CO 81612
K. BRENT & CONSTANCE K WALDRON
720 E. B'YMAN AVENUE
ASPEN, CO 81611
PARCEL NU1~~IBER
273512106002
273512106001
273501403019
273501403017
273501403015
OOOOZJ
CD & R HOLDINGS, INC.
617 W. MAIN STREET
ASPEN CO 81611
a
.rr~~2onl
~~,,,~~ ~~R« -,mow VSCS/vS'1'`( MRI°
970-927-4925 Basalt CO 67621 LIr M~N r~crj,T~~-~~
O O O ~ ~ ~ www.ccyarchitects.com
County oI'Pitldn ) AFFIDAVIT OF NOTICE BY POSTING
} ss. OF A VARIANCE HEARING BEFORE
State of Colorado } THE PITKIi~T COUNTY BOARD OF ADNSTMENT
The tmdersigned, being first duly sworn, deposes and says as follows:
I, TDB ILF_-Ji.IEA`r ,being or representing an Applicant
before the Pitkin County Board of Adjushnent, 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 neazest public way) and that
the said sign was posted and visible continuously from the Z~~ day of ~.k.`r , 20~$'
to the ZND day of .41J4JST , 20b,~' (Must be posted for at least nine (9) full days
before the hearing date).
Applicant's Signature
(Attach photograph here)
BRING THIS FORM TO
THE MEETING
Kimberly Sue Doose, Notary Publ~
State of Cobrado
My Commlaelon Expiroc 7/31!2008
Subscribed and sworn to before me this Y
day of ~1e~~ y'~" , 20 d~ by
WITNESS MY HAND AND OFFICIAL SEAL.
Commission expires:
/\
q~31~?.00$.
Address
ODUU3i
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00003
PUBLIC NOTICE
RE: Front Yard Setback Variance for
Lot 19, Block 2, Pitkin Green
AKA 204 Magni£co Road
(Case 01-2005)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 02, 2005,
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 Mr. and Mrs. David
Lipman of 5901 SW 74 Street, #304, Miami, FL 33143. The applicants aze requesting a 5 foot
Front Yazd setback variance where 30 feet is required, and a 3.5 foot height variance where 30
inches is allowed within a required setback for the construction of an entry canopy and retaining
wall respectively. This parcel contains .725 acres and is located in the R-30 zone district. The
State Pazcel Identification Number for this property is 2735-014-03-016.
For further information contact Joanna Schaffner at the Pitkin Community Development
Department, (970) 920-5105.
Pitkin County Boazd of Adjustment
Published in The Aspen Times Weekly on July 24, 2005
Pitkin County Account No. 002.02
000033
Page 1 of 1
• •
X-Sender: tkennedy@ccyazchitects.com@72.3.131.219
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2
Date: Tue, 15 Mar 2005 11:28:29 -0700
To: Joanna Schaffner <joannas@ci.aspen.co.us>
From: Todd kennedy <tkennedy@ccyazchitects.com>
Subject: Lipman Variance Application
X-Spam: [F=0.0004449580; B=0.500(0); HS=0.500(0); S=0.010(2005020401); MH=0.500
(2005031402); R=0.042(s332/n7540)]
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Joanna,
Sorry for the delay in getting this email to you. Per our phone conversation yesterday, Monday, March
14th, the Lipman's would like to ask for a continuance on their Board of Adjustment application for two
to three months. At your request, we aze happy to have their application removed from the agenda un61
I contact you that we would like to move forward. I understand that this will not require us to pay an
additional fee, nor will it require us to re-file our application. Our removal from the agenda will require
a new period of public noticing, including both the newspaper advertising that you aze responsible for
and the site sign, that I am responsible for.
When I have more information about when we would like to go back in front of the board I will contact
you, making sure to do so eazly enough to allow for the public notice period.
Thanks for your time,
Todd Kennedy
000034
file://C:\DOCUME~l\joannas\LOCALS~l\Temp\eudl3.htm 3/16/2005
February 7, 2005
Board of Zoning Adjustment
c/o Joanna Schaffner, Zoning Officer
Pitkin County Community Development
130 S Galena Street Hand Delivered
Aspen, CO 81611
Re: Variance Request
Blk 2, Lot 19, Pitkin Green Subdivision
Dear Ms. Schaffner:
My architectural firm represents property owners of record, Mr. and Mrs. David Lipman in
applying for a variance based on topographic hardship.
Lot 19 is currently occupied by an existing single-family residence, whose location on the site is
non-conforming with respect to the current front yard setback from Magnifico Drive. As shown on
the partial composite site plan (drawing A2) the existing structure encroaches outside the 30 ft.
front yard setback from 5 ft. to 8 ft. for a horizontal distance in excess of 45 ft.
It is the intention of the Lipmans that the existing structure, which is unoccupied and in a state of
disrepair, be demolished and replaced by a new single family residence whose FAR limitations
are 4105 sq. ft. plus garage and subgrade basement.
The variance request is for a protective "canopy" roof over the front door, which partially projects
into front yard setback by a maximum dimension of 5 ft. This is shown by the attached Partial
Floor/ Site Plan Cad 1"=10 ft. Scale. (Drawing A3).
The architectural design for the new Lipman residence has been completed, and the preliminary
submission to the Pitkin Green Homeowners Association DRB has been approved. The
approved architectural design, including floor plans, exterior elevations, building sections is
attached hereto.
The site configuration and topography are unusual and exceedingly steep. As can be seen on
the attached site plan, the site is accessed off Magnifico Way by a down sloping driveway to a
narrow (man made) "platform" which, in fact is the retained entry level to the existing structure
and its garage. From that point the topography transitions abruptly and steeply to the south at an
average gradient of 43%. From the North (Magnifico Way) side the architecture of the new
residence is essentially that of a one-story fapade. In order to locate the building within the
zoning height envelope (see site section) the entry level had to be lowered approximately 6 ft.
below the level of the existing house. It could be lowered no further because the access driveway
reached both the practical and Pitco gradient limit of 12%.
000035
COTTLE CAFP. Y4'r'J qR _'r.; l?['C „t
228 Midland Ave PO 8oz 529 Basalt CO 81621
970-927-4925 fax 970-927-8578
info~ccyarchitects.com
t
Ms. Joanna Schaffner
February 7, 2005
Page Two
This gradient limit, combined with the 28 ft. height limit (derived from the 43% site gradient)
makes it virtually impossible to move the structure to the south, because the building would
increasingly penetrate the height limit envelope. This "catch 22," defined by excessively steep
topography, Pitco roadway gradient limits and the Pitco height limits, clearly define topographic
"hardship."
As is illustrated on the partial floor plan/site plan the proposed entry canopy, under the above
described circumstances, partially projects into the front yard set back in a small triangular form,
which is indicated by hatching.
The need for a protective canopy above the entry door to the home is particularly important, in a
safety sense, because it is located on the shaded north side of the building. The entry canopy
has no support structure within the setback and the total canopy area projecting into the set back
is approximately 22 sq. ft.
We appreciate your consideration of this variance request and hope your findings will assist the
Lipmans in overcoming this hardship.
V ry truly yours, I
V ~"""V
Larry IA ~
Principal `~ 1
cc: Mr. and Mr~. David Lipman
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97~ 25-2045
PITKIN GREEN HOME OWNERS ASSOC.
P.O.BOX 10179
A5PEN, CO 81612
February 22, 2005
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 SOUTH GALENA STREET
ASPEN , CO 81611
ATT: JOANNA SCHAFFNER
PITKIN COUNTY ZONING OFFICER
RE: LIPMAN RESIDENCE
LOT 19
0204 MAGNIFICO ROAD
THE PITKIN GREEN HOME OWNERS ASSOCIATION
HAS BEEN INFORMED THAT THE OWNERS OF THIS
LOT WILL BE ASKING FOR A VARIANCE FROM
THE COUNTY FOR A SMALL ENTRY CANOPY
THAT WILL PROJECT INTO THE 30 FOOT SETBACK
REQUIREMENT OF THE COUNTY. AS THE
SETBACK REQUIREMENT OF THE ASSOCIATION IS
MORE LIBERAL THAN THE COUNTY'S, WE HAVE
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000037
hartison h augur 97925-2045 p.2
NO OBJECTION TO THE COUNTY GRANTING A
:S PURPOSE.
2E OWNERS ASSOC
JGUR
OOOU38
PUBLIC NOTICE
RE: Front Yard Setback Variance for
Lot 19, Block 2, Pitkin Green
AKA 204 MagniSco Road
(Case 01-2005)
NOTICE IS HEREBY GIVEN that a public hearing will beheld on Tuesday, March O1, 2005,
to begin at 5:30pm, or as soon therea8er 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 Mr. and Mrs. David
Lipman, requesting an 5 foot Front Yazd setback variance where 30 feet is required on this
.725 acre parcel in the R-30 zone district for the construction of an entry canopy. The State
Pazcel Identification Number for this property is 2735-014-03-016.
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 Weekly on February 20, 2005
Pitkin County Account No. 002.02
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AGENDA
PITKIN COUNTY BOARD OF ADJUSTMENT
August 02, 2005
5:30 P.M.
Pitkin County Courthouse
NEW BUSINESS:
Caseload:
01-2005 Lipman,
Lot 19, Block 2, Pitkin Green Subdivision
AKA 204 Magnilico Road
Requesting a 5 foot Front Yazd setback variance where 30 feet is required, and a 3.5 foot height variance
where 30 inches is allowed within a required setback, for the wnstruction of an entry canopy and retaining
wall respectively. The lot contains .725 acres and is zoned R-30.
12-2005 Riggs, Leonard and Peggy
Lot 17, Block 2, Pitkin Green Subdivision
Requesting a 20 foot Front Yazd setback variance where 30 feet is required for this .74 acre lot in the R-30 zone
district for the construction of asingle-family residence.
13-2005 Rockies Property, LLC
Lot 72, Mountain Valley Subdivision
AKA 17 Mountain Laurel Court
Requesting an 18 foot Front Yard setback variance where 30 feet is required on this 15,741 sf lot in the
R-15-A zone district for the construction of asingle-family residence.
14-2005 Nofziger, Tom
Lot Block, Little Elk Subdivision
AKA
Requesting an 18 foot Front Yazd setback variance where 30 feet is required and an 8 foot Side Yard
setback variance where 20 feet is required for this 1.147 acre pazcel in the AFR-2 zone district, for the
construction of an addition to asingle-family residence.
Minutes:
O No minutes for you to review this month. O
PLEASE CONTACT JOANNA AT 920-5105,
WHETHER OR NOT
YOU CAN ATTEND THIS MEETING.
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