HomeMy WebLinkAboutpitkin.boa.05.07~i
RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING A MAJOR ROAD SETBACK VARIANCE FOR
LOT 4, BLOCK 1, ASPEN HIGHLANDS SUBDIVISION
Resolution No. 07-2005
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WHEREAS, Lawrence J. Slater, owner of 1072 Mazoon Creek Road, is requesting a 30 foot Major
Road Setback variance for the construction of an addition to asingle-family residence; and
WHEREAS, 100 feet is required from the Maroon Creek Road rightof--way; and
WHEREAS, the parcel is described as Lot 4, Block 1, Aspen Highlands Subdivision; and
WHEREAS, this parcel contains 31,232 square feet and is located in the R-30 Zone District; 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 the following
findings:
1. Proper notice procedures, including the notification 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 welfaze 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 Major Road
Setback Variance be granted for the construction of an addition to asingle-family residence as shown
on Exhibits A and B, due to downzoning and topographic hardships.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
The Resolution was adopted by vote of the Boazd of Adjustment of the County of Pitkin, State of
Colorado.
DATED: July 5, 2005
ATTEST:
The Board of Adjustment of
Pitkin County, Colorado
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oanna S. S haffner; date
County Zoning Officer
Parcel ID#2735-142-01-009
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PITKIN COUNTY ASPEN, COLORADO x a a ' a p'O
ES 18, eaaee A;
MINUTES
Meeting of the
Pitkin County Board of Adjustment
July O5, 2005
Members Present:
Members Absent:
Staff Present:
Rick Head, Co-Chair
Bob Throm
Deanna Olsen
Jim Rifkin, Co-Chair
Michael Cooper
Joanna Schaffner, Zoning Officer and acting secretary
Head opened the meeting at 5:30pm. Cooper arrived after the beginning of the meeting.
CASE #06-2005
Sopris Mountain Equity Venture
Requesting a 90 foot Major Road Setback variance and a 20 foot Front Yazd Setback Variance
where 100 feet and 30 feet respectively aze required for the construction of a single family
residence and detached garage on this .46 acre pazcel.
The Affidavit of Posting was presented. A letter objecting to the request was submitted by David
Finholm, representing adjacent property owner, Richazd Lewis. Finholm was present.
Julie Ann Woods was present on behalf of Mitch Haas who represents the Applicants in their
request. Woods presented maps of the subject pazcel located three miles east of Aspen. The
subject site is an oddly shaped .5 acre parcel containing wetlands and the Roaring Fork River.
The building envelope approved through the 1041 Hazazd Review affords a narrow building
opportunity for the proposed 2,000 square foot residence.
Finholm stated that since his letter was submitted, he realized that he had been misinformed and
that the structure would not be as close to his property as he thought. He did think that setbacks
in the Scenic Corridor should be respected.
Cooper stated that Finholm's azgument should have been made during the 1041 Hazard Review,
and asked if he made his case to the P&Z. When Finhohn stated "no", Cooper expressed that
then he couldn't "side with" Finhohn.
Discussion ensued.
East of Aspen caucus member, Bob Oxenberg was present and pointed out that the 1041
approval was subject to Boazd of Adjustment approval. Cooper stated that that was always the
case.
Rifkin asked Finhohn if the variance were not granted, would the impacts be any different.
Finholm stated no. He realizes a house will be built there, however, he would like to see a
landscape plan.
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Rifkin made a motion to approve the request subject to topogrnphic hazdships. Throm seconded
the motion and it passed 4-0.
Case #07-2005
Slater, Lawrence
Lot 4, Block 1, Aspen Highlands Subdirision
AKA 1072 Maroon Creek Road
Larry Slater and his azchitect, Daniel Ferguson were present to request a 30 foot Major Road
setback variance where 100 feet is required from the Mazoon Creek Road right-of--way for an
addition to an existing single family residence on this 31,232 sf lot.
The Affidavit of Posting was presented. Schaffner stated that she received no objections to the
request.
Slater stated that the entire house is located within the required setback. Ferguson showed the
Boazd before and after plans of the proposed addition. Head asked if a 1041 approval had been
granted, and Slater stated yes.
Rifkin moved to approve the request due to topographic hazdship and downzoning. Cooper
seconded the motion and it passed 4-0.
Case #08-2005
Bishop, Archer
Lot 2, Golf Course Properties
AKA 39600 Highway 82
Nicole Piercy and Glenn Horn were present representing the applicant in his request fora 10 foot
East Side Yazd setback variance where 30 feet is required on this 4.7 acre parcel n the AFR-2
zone district for the construction of a garage.
The Affidavit of Posting was submitted. No letters of objection have been received.
Horn showed a plan of the unusually shaped lot, stated that the setbacks have changed since the
building envelope was approved as part of the Golf Course Properties Lot Split. Throm asked if
the change occurred under the current owner. They did not.
Photos were included in the Boazd's packets. Hom explained how the proposed garage is located
in the comer of a triangularly shaped building envelope, behind lazge existing cottonwood trees,
and wouldn't be seen from the highway unless the trees lose their leaves. Piercy added that the
addition was roughly 800sf, one story, and couldn't be seen from the highway. Horn clarified
that an original request fora 200 foot setback has been withdrawn.
Susie Gazdner, representing the adjacent neighbor, was present to review the plans but had no
objection.
Throm moved to approve the request due to downzoning and topographic hazdships. Rifkin
seconded the motion and it passed 4-0.
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Case #09-2005
HGL, Inc
Julie Wykoff and Rob Van Pelt were present to request an 8 foot Height variance where 4 feet is
allowed for the construction of a berm within a setback, a 6 foot height variance where 6 feet is
allowed for fences within a required setback, and 9 foot 6 inch height variance where 6 fee is
allowed within a required setback on this 5.31 acre pazcel in the AFR-10 zone district.
The Affidavit of Posting was submitted. There were no members of the public present to object
to the request.
Wykoff explained that this pazcel contains the Snowmass Creek Cottages located across from the
Snowmass Conoco on Highway 82 in the Snowmass Canyon. She desires to construct a 12 foot
high, undulating berm to block out negative impacts created by the highway. The berm will be
24 feet wide at the base. The existing bus stop is only 30 feet away from the closest cabin. On no
other bus stop along the highway is the bus stop located next to a private structure. Dust, noise,
lights, trash and bus exhaust, which is on top of the buses, all impact the cottages.
A four foot berm is allowed but cannot mitigate these impacts. The highway has been raised
above the level of her adjacent pazcel. Anyone standing at the bus stop could see over an 8 foot
high berm. Therefore the berm needs the added height to be effective.
Also, a Holy Cross box must remain accessible from the side, so a 12 foot fence is proposed
where the berm cannot be constructed.
Head asked Schaffner why berms were restricted to four feet. Schaffner stated that the four foot
height restriction is for berms within setbacks only. Larger berms must be located outside of
required setbacks. The County recently reduced the allowed height of berms from 6 feet to 4
feet.
The Board sympathized with Wykoff, but couldn't justify a berm three times lazger that what is
allowed. Wykoff countered that other berms higher than 12 feet have been approved elsewhere
along the highway. Head asked that since the County had problems with the height of existing
berms, what hazdship is there to triple what's now allowed.
Throm recalled the Palermo and Baum berms along the highway. Throm asked the Boazd how
those berms were different than what Wykoff was proposing. Rilkin explained that he didn't
recall the hazdships presented in either of those berms, but since those berms were approved, the
County decreased the height allowed for berms.
Cooper asked when Wykoff purchased the pazcel. She stated in March, but it was off season and
she wasn't aware of the terrible impacts. Cooper stated that the impacts existed for a long time.
Wykoff stated that she used to work at the cottages in the 1960's and1980's, but the highway was
lower and only two lanes at that time.
Throm asked Schaffner if the County was considering any new direction on mitigating physical
problems of living on Highway 82. Schaffner stated no. Throm asked if Wykoff could appeal
the issue with the BOCC. Schaffner stated that if the BOA denied the berm, Wykoff could
appeal the denial to the BOCC.
000006
Throm asked if CDOT took any of the property. Wykoff stated that a huge amount was taken.
The previous owner, John Ham, received a lot of money from CDOT, but didn't use any of it to
mitigate the highway impacts. Also, the main house is a historical structure and "is going
nowhere".
Head asked to move on to consider the proposed ranch gate. Wykoff explained that 13 feet 6
inches is required by the Fire Department, and she is asking for a little more height in case a
trailer with horses needs to come through the gate.
Throm suggested that Wykoff consult with the BOCC and CDOT regarding the berm and then
come back to the BOA. She can withdraw or table the application or the BOA can rule on it
now. She has a sense of how the vote may fall. Cooper concurred that several members of the
BOA saw merit in her application, but perhaps presented in a different way. Wykoff stated that
she would withdraw her application for the berm.
Rifkin made a motion to approve the gate due to safety issues described by the applicant. Throm
seconded the motion and it passed 4-0.
Case #10-2005
Ranch I, LLC
0270 Lost Basin Road
Patrick McAllister and Guideon Kaufman were present to represent the applicant in a request for
a 77 foot Front Yazd setback variance where 100 feet is required to construct a ranchgate.
The Affidavit of Posting was presented. No objections were received by staff.
McAllister explained that the subject site is located at the intersection of Prince Creek and West
Sopris Creek Roads, and offered a map indicating the proposed location and the required setback.
McAllister offered a topographic hazdship for the proposed ranch gate. The existing driveway is
often mistakenly taken by people who come off Dinkle Lake Road with lazge vehicles. Coming
from Dinkle Lake Road, the topography is such that you cannot see a ranch gate were it at the
allowed location. The drive is narrow with ditches on both sides. People must either back up or
try to turn their large vehicles around avoiding the ditch.
Rifkin moved to grant the variance due to topographic hardship. Cooper seconded the motion
and it passed 4-0.
Case #11-2005
Ranch IV, LLC
880 Lost Basin Road
Patrick McAllister and Guideon Kaufman were present to represent the applicant in a request for
a 16 foot 4 inch Height variance where 20 feet is allowed to construct a windmill.
The Afldavit of Posting was presented. No objections were received by staff.
McAllister explained to the Board that the subject ranch is an historic homestead. The applicant
proposes a historically accurate windmill to provide power for irrigation. The LUC doesn't
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make height allowances for windmills. The height allowance is only 20 feet. The windmill
needs to be 36'4" high in order to harness the windpower.
Cooper asked what the visual impact would be from the public right-of--way. Kaufman stated
that the windmill couldn't be seen from anywhere in Pitkin County unless you were at the top of
Mt. Sopris.
Riflcin made a motion to approve the request due to practical difficulties. Throm seconded the
motion and it passed 4-0.
Review of Minutes:
Cooper moved to approve the minutes of the June 21, 2005 Special Meeting. Rifkin seconded
the motion and it passed 4-0.
Other:
The Boazd suggested a revision to the LUC to allow for the extra height on windmills.
Cooper asked that copies of the "charter" be copied one sided and distributed to the boazd
members.
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,
e~ (~ (7S
oanna S. ch ffner, ate
oning Of rcer
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Co-Chair
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PARCEL,BS: 2735-142-01-009 PATE RCVp: 5/27/2005 #COPIEB:~~ CABS Nb 07-2005 v
CASE NAND: Slater Major Road Setback Variance
PLNR: Joanna Schaffner
PRpJ AppR:. 1072 Maroon Creek Road CABS TYP: BTEPB;~-
pWN/APPS Slater, Lawrence ApR~/~; PNN.
REP: ~...... Ct52:~~ PI~~~
FEEB pUE: $546 PEH$-RCVp' $546 #19486
REFERRALS Aspen High HOA
REF: 6Y~4` pUE:~J
MTC3 PATE REV BppY PN NOTICEp
n5/os aoA ~ ~ PATE ~ FINAL ACTION
REMARKS Public Notice publish 6/26/05 send to Jones 6/16/05
DATE CLpSEp; gy; ~`-
OOOOff9
DATE May 26, 2005
REPRESENTATIVE_Lawrence J Slater PHONE
970-925-5159
E-MAIL SNOWKINGLS@EOMCAST.NET
FAX 970-544-9767
MAILING ADDRESS 1072 Maroon Creek Road Aspen, CO 8111-3367
OWNER Lawrence J. Slater PHONE
970 925-5~g9
M,4ILINGADDRESS 1072 Maroon Creek Road, Aspen, CO 81611-3367
LEGAL DESCRIPTION 8<oc~ /
LotLot 4AAanPn Hi~h~and S~bd;,; ;o p~
' ~ t tv, CO
SUBJECT PARCEL ADDRESS 1072 Maroon Creek Road As en CO
PlTxrr coIrNTY
BOARD OF ADJUSTMENT
Application Form
PARCEL ID # 27 514201009 ZONE DISTRICT p_~p
LOT SIZE ~ 1 .2 ~ +/ - '''
SIGNATURE ~~a:/f,~%~,~/Dd/ r4i"~/~
completed by
Requesting:
Coning llepurtment)
CASE # ~ j ;~~?
' Front Yazd Setback Variance, where ' is required.
' Reaz Yazd Setback Variance, where ' is required.
' _ Side Yard Setback Variance, where _' is required.
' _ Side Yard Setback Variance, where _' is required.
' Height Variance, where _' is allowed
Comments: ~ ~"~ ~x ~,~ '' ~~
~~~
Application filed 5 "x7-01
Refer to ~} ~,~ 1~ (,, ~ p~ .- r
Zonino
Date of Meetui '~ - o Offici •~ r ~, ~ 1 ~~
g-~- ~_ d_S _ ~
Notices Mailed (a ~ /' -p _ Secretary ~
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ai~rom:~camo~ Fo,,..w~~~~ ri.~n;,,ab~m.ww~,amf~~;, hna.ppucaoc
Board of Adjustment
Pitkin County, Colorado
Dear Sirs,
I have resided at 1072 Mazoon Creek Road for 14 years. In that time my family and needs for
space has grown. My mother who is 87 years old and has alzheimers disease resides with me now
''albs' than being taken care of in a nursing home. I need additional living space for my mother
and her care-givers as well as my family in general.
My home was built in the early 60's when the set back rules from Maroon Creek Road were less
than today. Since the downzoning I am in a situation where I cannot add the necessary square
footage to my existing home without a variance from the Boazd of Adjustment since my home is
entirely within the 100' setback now required,
I am proposing to add on to my home to the rear of the existing home and at the farthest distances
from the road My add-on would start approximately 70 feet from the mad right of way.
The strict application of the 100 foot set back presents peculiaz practical difficulties and a hazdship
upon me since I am unable to enlazge my existjpg home.
[f my requested vaziance is granted it would not be substantially detrimental to the public good
and it would not substantially impav the intent and purpose of the comprehensive plan and the
land use code.
Thank y~ u for your consideration of my application.
L ence J. Slater
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PITKIN COUNTY ASPEN, COLORADO ~
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DIRECTIONS TO PROPERTY
FROM THE ROUNDABOUT GO SOUTH ON MAROON CREEK ROAD TO MILE
MARKER "1". THE RESIDENCE IS LOCATED ACROSS THE STREET FROM
MILE MARKER "t" AND THE TENNIS COURTS AT ISELIN PARK.
THE NOTIFICATION SIGN WILL BE PLACED IN THE PLANTER AREA ON THE
R[GHT SIDE OF THE DRIVEWAY ENTRANCE.
ADDRESS: 1072 MAROON CREEK ROAD
OOOU.~ 7
http://www.mapquest.com/maps/map.adp?country=US&addtohistory=&formtype=address&s... 5/26/05
ADJACENT PROPERTY OWNERS
ASPEN RECREATION CENTER
CHAMPS OF ASPEN LLC
861 MAROON CREEK ROAD
ASPEN, CO 8161 I
CITY OF ASPEN
130 SOUTH GALENA STREET
ASPEN, CO 81611
PITKIN COUNTY
530 EAST MAIN STREET
SUITE 302
ASPEN, CO 81611
JEANNE & ANDREW DOREMUS
85 GLEN GARRY DRIVE
ASPEN, CO 81611
CAROL & EARL SCHENNUM
P.O. BOX 867
ASPEN, CO 81612
RALPH WOODWARD
105 WOODWARD LANE AABC
ASPEN, CO 81611
Q~~U~g
LEGAL DESCRIPTION
LOT 4, BLOCK 1, ASPEN HIGHLANDS SUBDIVISION, as shown on the Plat of said
subdivision recorded as document No. 109384 in Ditch Book 2A at Page 256 of the records of
Pitkin County.
f~ ;
U~i:_.,
PUBLIC NOTICE
RE: Major Road Setback Variance for
Lot 4, Block 1, Aspen Highlands Subdivision
(Case 07-2005)
NOTICE IS HEREBY GIVEN that a public heazing will beheld on Tuesday, July 5, 2005, to
begin at 5:30 pm, 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 Boazd
of Adjustment, to consider an application submitted by Lawrence Slater, of 1072 Mazoon Creek
Road, Aspen, requesting a 30 foot Major Road setback variance where 100 feet is required on
this 31,232 squaze foot lot in the R-30 zone district for an addition to an existing residence. The
State Pazcel Identification Number for this property is 2735-142-01-009.
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 June 26, 2005
Pitkin County Account No. 002.02
~~~~~o
i
County of Pitkin } AFFIDAVIT OF NOTICE BY POSTING
} ss. OF A VARL~IVCE HEARING BEFORE
State of G.olorado } THE PITKIN COUNTY BOARD OF ADJUSTMENT
The undersigned, being first duly sworn, deposes and says as follows:
I, ~G, (Grd/~„ lZt CYC c~ j `~l l`.~ T ,being or representing an Applicant
before the Pitkin County Board of Adjustment, personally certify that the attached photograph
to the ~ day of v , 20U~(Must be posted for at least nine (9) full days
fairly and accurately represents the sign posted as Notice of the variance hearing on this matter iri 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 ~-~-- day of _ v ~~ , 20 ~5
before the hearing date).
SUSAN SPALL
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires MARCH 14, 2009
(Attach photograph here}
V '~~
Sub~crib and sworn to before me this ``~/~~ ~
day of l.(yl.~ , 205 by ZQ'l1_', "E?~' ~ ~ lL'N-f'Ul~
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires: I /~" 1~~i%(~ 1 ~ , i~'!/ y "/
Notary Public's Sign e
Address l „U~
oooo2i
AGENDA
PITKIN COUN'T'Y BOARD OF ADJUSTMENT
July 5,2005
5:30 P.M.
Pitkin County Courthouse
NEW BUSINESS:
06-2005 Lewis, Richard
Aka Sopris Mountain Equity Venture, Inc
Highway 82
Requesting a 90 foot Major Road setback variance where 100 feet is required from the East Highway 82
right-of--way, and a 20 foot Front Yazd setback variance where 30 feet is required for the construction of a
single-family residence on this .46 acre pazcel in the AFR-10 zone district.
07-2005 Slater, Lawrence
Lot 4, Block 1, Aspen Highlands Subdivision
Requesting a 30 foot Major Road setback variance where100 feet is required from the Mazoon Creek Road
right-of--way, for the construction of an addition to an exiting residence on this 31,232 squaze foot lot in the
R-30 zone district.
08-2005 Bishop, Archer
Lot 2, Golf Course Properties
Aka 39600 Highway 82
Requesting a 10 foot Side Yazd setback variance where 30 feet is required for this 4.7 acre lot in the
AFR-2 zone district, for the construction of a detached garage.
09-2005 HGL, LLC
26801 Highway 82, Snowmass
Requesting an 8 foot Height variance where 4 feet is allowed for the construction of a berm within a
required setback, a 6 foot Height variance where 6 feet is allowed for fences within a required setback, and
a 9 foot 6 inch Height variance where 6 feet is allowed within a required setback. This pazcel contains 5.31
acres and is located in the AFR-10 zone district.
~~~~~~~
10-2005 Ranch I, LLC
Aka Tract 1, Bane Tracts
Requesting a 77 foot Front Yard setback variance where 100 feet is required for the construction of a ranch
gate on this 500 acre pazcel in the RS-30 zone district.
11-2005 Ranch IV, LLC
AKA Tract 5, Bane Tracts
Requesting a 16 foot 4 inch Height variance where 20 feet is allowed for the construction of a windmill on
this 500 acre parcel in the RS-30 zone district.
MINUTES:
Please be prepazed to commenUapprove minutes from the June 21st meeting.
PLEASE CONTACT JOANNA AT 920-5105,
WHETHER OR NOT
YOU CAN ATTEND THIS MEETING
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~iVIMIJNITY DE~EI,OPMENT DEPA~ENT
~~II 130 So xt I i i lalena Street ```~~~
Aspen ( ~loradu 81611
(97U!5'.?(i 5526
Pit kin County
Land Use:
772 Board of Adjusunc°.rt
159 County Land Use ('ode
173 Deposit
174 Flat Fee
162 Zoning and Sign
169 Public Notice
160 Planning Enforcement
175 Hearing Officer
Referral Fees:
210 Airport -
L0001 County Clerk
211 County Engineer
194 Environmental Health
2pg Historic
lgg Housing
190 Land Management
2pg Redstone HPC
206 Wildlife Officer
Building Fees:
170 Board of Appeals
135 Building Code Sales
105 Building Permit
100 Contractor License
120 Electrical Permit
195 Energy Code Review
115 Mechanical Permit
150 Plan Check
110 Plumbing Permit
730 Reinspection
151 Aspen Sanitation
152 AVFU Fire Marshal
15g 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 CIS Requirements
B1202 Road Impact Fce n n~ ~~~ ~----
B1203 Schoollmpact Fee
~`/~~
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TOTAL ~=
ADDRESS;
CfiECK#
CASE/PERMIT#: #OF COPIES: