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HomeMy WebLinkAboutpitkin.boa.05.03II III II II I I III I I18}1~I I III 5D9979 3 f 05/11/2005 11:294 SILVIA DRVIS PITKIN COUNTY CO R 0.00 D 0.00 RESOLUTION OF THE PITHIN COUNTY, COLORADO BOARD OF ADNSTMENT GRANTING A VARIANCE FOR LOT 4, MOUNTAIN VALLEY SUBDIVISION Resolution No. 03-2005 WHEREAS, Elizabeth Murray, owner of 42705 East Highway 82, is requesting a 74 foot Major Road Setback variance and a 4 foot Front Yazd setback variance for the construction of a detached garage with Caretaker Dwelling Unit; and WHEREAS, 100 feet is required from the East Highway 82 right-of--way, and 30 feet is the required front yazd setback for this 7,898 square foot lot located in the R-15-A Zone District; and WHEREAS, the parcel is described as Lot 4, Mountain Valley Subdivision; and WHEREAS, the Boazd of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, Section 7-10.30, Pitkin County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-28-118(2) (C); and, WHEREAS, based on the evidence presented, the Boazd of Adjustment makes the following findings: 1. Proper notice procedures, including the nofification of all adjoining property owners, has been demonstrated. 2. The required hazdship or practical difficulty has been established. 3. Granting such relief will not cause substantial detriment to the public welfaze and will not substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, THEREFORE, BE TT RESOLVED by the Board of Adjustment, that a 74 foot Major Road Setback Variance and a 4 foot Front Yard Setback Variance be granted for the construction of a detached gazage with Caretaker Dwelling Unit as shown on Exhibits A and B, due to topographic hazdships. WARNING: Any violation of the terms of this resolution 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: May 3, 2005 The Board of Adjustment of Pitkin County, Colorado ATTEST: Joanna S. Scha er, date County Zoning Officer S~ ~ _d ~ Parcel ID#2737-173-07-032 000001 ~ 2~ / IIIIIIIIIIIIIIIIIIIIIIIIIII~ 0©99 090ii:ze, _ I IIIIII VIII IIIIII IIIIIN COUNTY CO R 0.00 I 1 (, ;~~~Jil O O U 0 2 ti w ti w U 2 QR a a. >a Q~~O~~ a; • 6g z € ;e~~ ~ ~e~g~g~~~q§@ ~~pCp~~~g ~ $~?BcaS€~~~AY[~$ 00 IIIIIIIIIIIIIIIillllllll~llllllll 0099090Ii.ze: IIIIIII ~IIII IIIIII TKIN COl1NTY CO R 0.00 D 0 i i ~},~n ~~~. ~ B ~ I O CV Q 000003 W Y ti W Q U Z O W r J W y W F- z ~ ag O Qs >s MINUTES Meeting of the Pitltin County Board of Adjustment May 03, 2005 Members Present: Rick Head, Co-Chair Mike Cooper Deanna Olsen Members Absent: Jim Riflcin, Co-Chair Bob Throm Staff Present: Joanna Schaffner, Zoning Officer and acting secretary Case # 03-2005 Murray, Elizabeth Lot 4, Mountain Valley Subdivision 42705 East Highway 82 Land Use Planner, Glenn Hom, and owner, Ms. Murray, were present to request a 74 foot Major Road setback variance and a 4 foot Front Yazd setback variance for the construction of a detached gazage with a Caretaker Dwelling Unit above. Murray submitted the Affidavit of Posting. There were no members of the public present to comment on this case. Schaffner confirmed that Horn submitted a letter from the Homeowner's Association to the Zoning Office, supporting the Murray variance. The letter, however, was not present at the meeting but will be added to the record. A letter of support from neighbor, John Elmore, was submitted at the meeting. Horn described the subject property. Cooper asked if this was the old Wykoff residence and Horn said yes. Hom posted a survey of the parcel and indicated the required 100 foot 'setback. Beyond the 100 foot setback are very steep slopes. The garage was located as faz back from the property line as possible without it hitting the house. Horn stated that the Fire Marshall approves of the proposed driveway, hammerhead turn- around and development. Horn stated that the proposed location of the garage is really the only place for the gazage. The hazdship is topographical. Cooper moved to approve the application as submitted due to topographical hazdship. Olsen seconded the motion and it passed with a 3-0 vote. ~~dQ~~ Administrative Review: John and Barbara Olson Lot 2, R & O Subdivision Schaffner reminded the Boazd of the Olson 2003 request fora 20 foot Collector Street setback variance for the construction of a barn at 1444 Lower River Road. A 20 foot setback variance was granted in resolution 2003-05, due to topographic constraints. Olson has submitted a Change Order to his building permit to allow for the addition of two more horse stalls and a covered paddock on the west side of the structure. Schaffner admitted that the proposed revision is generally greater than what might be considered for an administrative review, however, if the Board found that the barn could be expanded because the hardship has not changed, then she would issue the Change Order. The proposed revision is contained within the approved building envelope. Cooper observed that the proposed revision does not encroach any closer to the property line than the previous approval. Olsen agreed. Head agreed that, despite the expansion of the bam, the hazdship still stands. Schaffner asked the Boazd, if approvals aze based on hazdship, do they still wish to review plans? The Board unanimously said yes. Head moved to approve the revised Olson barn. Olsen seconded the motion and it passed with a 3-0 vote. OTHER: Cooper moved to approve the minutes of the March 14, 2005 meeting. Olsen seconded the motion and it passed with a 3-0 vote. Head asked if there were any other administrative items. Cooper stated that the Board does not adjust Zoning, therefore they should not be referred to as the Zoning Board of Adjustment. He also stated that it was always helpful for him when Schaffner gives a brief summary before the Chair asks for the Applicant's comments. Olsen agreed that a summary from staff was helpful, especially if the Applicant doesn't have professional representation. Head thanked Cooper for his comments. There being no further business before the Board, the meeting was adjourned. ~****mmx**~x****************~m*r****m**********xms*******:**x*********** Respectfully submitted, A ved: (. x3r' x.lDAl rMO ~~ ilk . ~J~~IIh~ _ ~ Ce'Z~ ~~ /Joanna S. haffn Date Ricl ead, Date `Zoning Officer Co-Chair 000005 CA$E NAMEp Murray Major Road Setback Variance RLNR: Joanna Schaffner RROJ ADDR: 42705 S. Hwy 82 CA$E TYR; Major Road Setback Variance $TEP$r- OVPNlARR;. Elizabeth Murray ADR Box 10459 CI$!Z; Aspen, CO 81612 PHN. 948-8649 RER; Glenn Horn ADR; 215 S. Monarch St #1 CI$IZ: Aspen, CO 81611 pWN 925-6587 FEE$ DGEC $546 FEES RCVD: $546 #19102 REFERRAL,$; none REF:~~ 6Y~~- DUE:r~.. MTO DATE REV BODY PH NOTICED ,::. rf5/3/05 }j~BOA yes X4`/'24/05- DATE (kF FINAL AGTiON: ~~ I ~ 1 ~ 1 F:EMARKS~ public notice to ~//neighbors: DATE CLOSED: ~~ BYii ~- 000006 DATE O PITKIN COUNTY BOARD OF ADNSTMENT Application Form REPRESENTATNE ~IPVIVI TlOVI'1 PHONE q~- °IZIj-( 58~ E-MAIL a1v Vw Wl ~.F • V! e~ MAILING ADDRESS OWNER FAX 9~ -9Z-S-S/lS0 9 ~o -~4FS- X649 MAILING ADDRESS ~ D . fJOX ~ 6 ~ ~ °~ LEGAL DESCRIPTION SUBJECT PARCEL PARCEL ID # 7 ~ 3 ~ l~f'~~j,Q~-~~"C~ ~ Z ZONE DISTRICT ~ ~ ~5~ LOT SIZE ~g~ (oZCo ~~l,il;(' °'~~ ~~~ SIGNATURE (To be completed by the Zoning Department) _ CASE #_ L.''r-ZUC J Requesting: ~' Front Yazd Setback Variance, where _ 7 ~ ' is required. 'Rear Yazd Setback Variance, where ~ ' is required. ' _ Side Yazd Setback Variance, where _' is required. ' _ Side Yazd Setback Variance, where _' is required. 'Height Variance, where _' is allowed i . _. Comments: ', ~ y )'1/l,ty :,(ty(, ~ ~ i~]IORffICMM1DFv Formi\Pihin PlcnninH\Pilkidbwladmin\pii boc\cpplic.doc rppucauon niea - -U~ ,~ Refer to k~/t~l\IA.l,l~k_~ l ~ ZoningOffici~-~'j~-~-~~ ,+'J~ ~~l~.i.~-~_. Date of Meeting .5 - ~-t~ 5 ~ ~~ Notices Mailed Secretary PITKIN COUNTY BOARD OF ADJ[ISTMENT REQUIREMENT LIST Note: The applicant must arrange to meet with the Zoning Officer on or before the application deadline date to determine completeness of the application. The application must contain the following items. Please do not collate or attach these requirements in any manner. 1. A completed application form. (Top portion only) 2. A $525.00 fee (effective Januazy 2003). Please make checks payable to Pitkin County Treasurer. 3. Ten (10) copies of relevant landuse approvals. 4. Ten (10) copies of a letter describing why a vaziance is necessazy. A hardship must be demonstrated for a variance to be granted. Please refer to Section 7-10-030 (C2) of the Pitkin County Land Use Code (Attached). If topography is claimed as a hardship, a certified topographic survey must be provided. Solaz chazts (available at most bookstores) must be submitted for cases claiming solar hazdship. Be specific - if you are requesting a setback variance, state the distance from the affected lot line, if requesting a height vaziance, state by how much the height limit is to be exceeded, etc. 5. If the applicant is NOT the property owner, provide a letter signed by the owner stating that he/she is awaze of, and has no objections to, the variance request. 6. Ten (10) copies of the current legal description of the property. If in a subdivision, include the Lot, Block and Filing. Otherwise include the property's metes and bounds description. 7. Ten (10) copies of a survey, showing the entire structure, (or driveway) as it is to be located on the property, with specific and accurate dimensions to the property lines. Ten (10) copies of the site plan and elevations of the proposed structure (or driveway). When submitting a floor plan, please label the uses of all rooms. These copies may be reduced to 81/2" x 11" size sheets. Ten (10) copies of a vicinity/directional map, plus written directions so the property may be EASILY located. An 81/2" x 11"hand drawn map is acceptable. Please indicate where the notification sign (see item #11) will be placed. 10. Ten (10) copies of a list of all adjacent property owners and their mailing addresses. ("Adjacent" means any adjoining property, including the property across the river, road, railroad, or any other physical divide, and also includes the Forest Service, BLM, Highway Department, Pitkin County, or any laud owned by a public or private entity.) It is the ~Qn~~~ Davis Horn~- PLANNING & REAL ESTATE CONSULTING April 4, 2005 Joanna Schaffner Aspen Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Elizabeth Murray Major Road Setback Variance -- PID 2737 173 07 032 -- 42705 SH 82 Dear Joanna Elizabeth Murray ("applicant") owns 18,640 square foot lot located at 42705 State Highway 82 (Parcel ID # 2737 -073-07-032). It is legally described as Lot 4 Mountain Valley Subdivision, First Filing. The applicant is represented by Davis Horn Incorporated and Rowland & Broughton Architects in this request for a Major Road setback variance. Section 3-50-020 of the Pitkin County Land Use Code categorizes State Highway 82 east of Aspen as a "major road." The Code requires a 100 foot setback from major roads. The applicant submitted a 1041 at Building Permit land use application on March 18, 2005. A copy of the approved 1041 Hazard Review Site Plan is included in this packet. The land use Department prior to the May Board of Adjustment meeting. As depicted by the 1041 Hazard Review Site Plan, the subject site is bordered by State Highway 82 to the south, Lupine Drive to the north and single family dwelling units on the east and west. The Site Plan also presents a topographic analysis of the property. The north half of the property and the southeast corner are characterized by steep slopes which are greater than 30 percent. A good portion of the steep slopes exceed 45 percent. The subject site is located in the R-15 zone district and improved with an existing dwelling unit. The Site Plan shows that there are steep slopes located on the east and west sides of the existing structure. The structure is located within the 100 foot major road setback. Due to the steep slopes on the property it was impossible to build the existing structure outside the setback. The applicant is proposing to develop a detached garage and caretaker dwelling unit on the subject site. The caretaker dwelling unit will be located above the garage. The applicant is seeking a variance from the major road 100 foot setback. The topography of the site presents a hardship which necessitates the ALICE DAVIS, AICP 1 GLENN HORN, AICP 215 SOUTH MONARCH ST. SUITE 104 ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 0~~0~~ Joanna Schaffner April 4, 2005 Page 2 major road setback variance. Due to topography and ingress and egress requirements for autos and fire trucks, the proposed location is the only feasible location. Please contact me if you would like additional information or would like clarifications. Sincerely, VIS HORN INCORPORATED <~~~ GL HORN AICP Murray.Var 2 Op001fl MBM0RA13DUM TO: Fitkia County Board of Adjustment FROM: Mountain valley Homeowners Aesociatioa Architectural Committee RE. Requs~tth 2705a 9•tate Highway 82a Par el e D a2737a173n07 032) DATB: April 29, 2005 sssaasaasaszasamssaaamsa:mazmsaamasasasmmsamxsaas:mssssssmasmss:s On April 28, we met at 42705 State Highway 82 with Elizabeth bIurrary and Glenn Horn to review Elizabeth's plane to build a detached garage and caretaker dwelling unit. .Elizabeth has applied to the Pitkin County Board of Adjustment to obtair. a front yard and State Highway setback variance. Our Board supports the request for the front yard and Highway setback variance for the proposed structure. New duplex dwelling units are :iot permi*_ted ir, Mountain valley. Murray has applied for a variance from our Board to develop a caretaker dwelling unit. Our Board will be considering her request for a variance from the Amended Protective Covenants of Mountain Valley Subdivision for the caretaker dwelling unit after proper public notice has been given pursuant to our Amended Covenants. To reiterate, we support Elizabeth Murray's request to Pitkin County for setback variances. Eric Peltoner. Richer Habe an 000011 04/ i OOS 10'55 FAE 810 SU9 155: ElnureYonRiSherLancaeter ~a~ 912005' 20: 5a 9706865 ,~„~ • JOMta HLMOR' aroa~,Ix vu,sax smc P051T C~ICa HOI 7y1 WRSCd8Y9VILLH HLAt9[, MC 28480 April 19, 2005 Ditkla County Hoard of Adjustment 130 South Galena Street City of llapen 130 South salsas Street A9pen, Colorado 81611 &se slixabath Murray Par3aaee Rxqusst Dear Board Mambera: X005 RAGE 02 I own the lot adjacent tc Elizabeth Murray~n lot which Sa Lot 4 Mountain valley, Elizabeth ie aoakiag front yard and State Highway 82 setback variances to develop a detaahrd caretaker dwelling unit over a proposed garage, The structure w1I1 ba located within the front yard and State Highway 82 setbacks, Variances are zlecesaary duo to the topography of the lot. Z have no objeoLionn to the variance request. please approve tzo Murray variarica requests. Thank you. 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Pitkin County Courthouse NEW BUSINESS: 03-2005 Elizabeth Murray Lot 4, Mountain Valley Subdivision AKA 42705 East Highway 82 Requesting a 74 foot Major Road setback variance where 100 feet is required from the East Highway 82 right-of- way, and a 4 foot Front Yard setback variance where 30 feet is required, for the construction of a detached garage and Cazetaker Dwelling Unit. The parcel contains 18,626 sf and is located in the R-15-A zone district. ADMINISTRATIVE APPROVAL: FKA -Olson, John Case #2003-OS 1444 Lower River Road Proposes to extend the length of the bam OLD BUSINESS: Minutes: Please be prepazed to comment/approve minutes from the Mazch 14, meeting. Revised Conflict of Interest Policy PLEASE CONTACT JOANNA AT 920-5105 WHETHER OR NOT YOU PLAN TO ATTEND THE MEETING 000024 • County of Pitlcin } AFFIDAVIT OF NOTICE BY POSTING } ss. OF A VARIANCE HEARING BEFORE State of Colorado } THE PITKIN COUNTY BOARD OF ADJUSTMENT The undersigned, being first duly sworn, deposes and says as follows: I ~ ~ L~~~~~~ ~ UIZI~+ I ,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 2Q ~ day of ~ y ~~~ ~ , 20U.~ to the .~ day of , 2005. (Must be posted for at least nine (9) full days ~~~ scrib d and s orn to before me this ~Cf ~~ of , 20~Y ~. ~ ~~ ~-a~,~- l1~ 1 S MY HAND AND OFFICIAL SEAL. .: _. - ~--S:,w,y. 1~-. •. - ' y,, ~ .: , #- .~ L.' F ~ 'C ~ ~ ~ l em. . v A'.x ~ {:~ s t:~a ~ 4/t i rSRi~ ~~ L.: M~ .}. ..ate ~.~ .. ` .:u , .. 1'~ CO 81623 000 I PUBLIC NOTICE RE: Major Road And Front Yard Setback Variance for Lot 4, Mountain Valley Subdivision (Case 03-2005) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 3, 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 Elizabeth Murray, who resides at 125 East Hyman Avenue #3, Aspen, CO 81611, and is the owner of Lot 4, Mountain Valley Subdivision aka 42705 East Highway 82. Ms Murray is requesting a 74 foot Major Road setback variance where 100 feet is required from the Highway 82 right-of--way, and a 4 foot front yazd setback variance where 30 feet is required for the construction of a detached gazage/cazetaker dwelling unit. The lot contains 18,626 square feet and is located in the R15-A zone district. The State Parcel Identification Number for this property is 2737-173-07-032. 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 Weeklv on Apri124, 2005 Pitkin County Account No. 002.02 00002.6 1 (~~: ~ r7 C n ~~ J r \ I 0000^ ~,~~~=~Z ~mmAOpa z<?~~Z~ m D ~ D ~ D_ mmmmNZ ~ ~ D $ < a Z ~m m n { O ~ ~ r ~ n O -i O Z W'0 ~n~D ap~papo am~ ox~ W mo XOXm ~ ~ ~ N = ~ r ~ a o z m z n ~ m n m n O N O D ~ O ~ D ~ N N Z D r S C/1 1 2 O ~2 ~ m O ~ ~ ~ 3 D m A Z~ D O y r ro~ A p Om-Imyn~ m?~?gxm .ZI T ~^OpOT<w mmm~p x rn ~ m" m N ± N m m Q A m L7 A ~_ Z n N m O OD O £d Wdbb:LO 5002 82 '.+2W 8090bbS0L6 'ON Xt1d WOtld ~/ / ~~~~~ ~aa~ a ~ a ~~a ~' ~~~~ -~7 Z 00002 N m N A N ~® ~~~~~ ~~o~~ Q Z N N N m '~ m m 0 n m i ry C~UNITY DEVELOPMENT DEPARTI~T 130 South Galena Street Aspen, Crdorado 81611 (9701 x)20 5526 Pitkin County Land Use: ]72 Board of Adjusbnrnt 159 County Land Use rode 173 Deposit 174 Flat Fee 162 7,oning and Sign 169 Public Notice 160 Planning Enforcement 175 Hearing Officer Referral Fees: 210 Airport I,UCO1 County Clerk 211 County Engineer 194 Environmental Health 208 Historic 198 Housing 190 Land Management 209 Kedstone HPC 206 Wildlife Officer Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor Lleense 120 Electrical Permit 195 Energy Code Review IIS Mechanical Permit 150 Plan Check ll0 Plumbing Permit 130 Reinspection 151 Aspen 5aniiadon 152 AVFD Fire Marsha] 158 BFD Fire Marshal Other Fees: 155 Use Tax 165 Copy PZ005 Master Plan Copy Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu IS GIS Requirements B1202 Road Impact Fee B1203 School Impact Fee TOTAL ADDRESS/ y os Q!QS' $~~(~ 1 °~ CASE/P/E/RMIT#: DATE: % y~ # OF COPIES: __ INITIAL