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Home My WebLink Aboutpitkin.boa.05.10 Chairperson RESOLUTION OF THE PITHIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING A SETBACK VARIANCE FOR 270 LOST BASIN ROAD Resolution No. 10-2005 m N m ~ r,Q ~. va m ('/) ° m m .-~ N ~ N N N T OI \ L!7 a m m m m 0 U } H_ 0 U Y F a N >' a 0 J N WHEREAS, Ranch 1, LLC, owner of 270 Lost Basin Road, is requesting a 77 foot Front Yard setback variance for the construction of a ranch gate; and WHEREAS, 100 feet is required on this 500 acre parcel in the RS-30 zone district; and WHEREAS, the parcel is more fully described in Exhibit A; 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 Boazd of Adjustment, that a 77 foot Front Yard setback variance be granted for the construction of a ranch gate as shown on Exhibits B and C, 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 Colomdo. DATED: July 5, 2005 The Boazd of Adjustment of Pitkin County, Colorado ATTEST: oanna S. Sc raf&Ier, date County Zoning Officer ~r/Gr~ H d, date ll~~ - JJJ Parcel IDk 2465-311-08-001 oooon? ~' 2~ E:QIIB LT "A" DESCRIPTION-TRACT 1-- TO BE KNOWN AS BANE TRACT Y A tract of land situate in Sections 29,30,31 and 32, Township~8 South, Range 87 West of the 6th Principal Meridian being mare particularly described as follows: Beginning at the NE corner of the NW 1/4 of the SW 1/4 of said Section 29; thence, S 00°03'26" E, 2640.00 feet along the east line of said NW114 of the SW 1/4 and Lot 1 of said Section 29; thence, S 00°03'00" E, 1219.58 feet along the east line of Lot 2 of said Section 32 to the center of the Dinkle Lake Road; thence along the center of the Dinkle Lake Road the following courses: ' thence, S 28°02'40^ ~d, 172.76 feet; thence 30.09 feet along the arc of a 500.00 feet radius curve to the left, having a central angle of 3°26'54" and subtending a chord bearing 5 26°19'14" W 30.09 feet; thence, S 24°35'47" W, 143.54 feet; thence 25.55 feet along the arc of a 200.00 feet radius curve to the right, having a central angle of 7°19'11" and subtending a chord bearing - ~ S 28°15'22" W 25.53 feet; thence, S 31°54'58" W, 144.17 feet; thence 81.28 feet along the arc of a 500.00 feet radius curve to the left, having a central angle of 9°18'52" and subtending a chord bearing S 27°15'32" W 81.19 feet; thence, S 22°36'06" W, 344.52 feet; thence 121.22 feet along the arc of a 1500.00 feet radius curve to the right, having a central angle of 4°37'48" and subtending a chord bearing '~ S 24°55'00" W 121.18 feet; thence, S 27°13'54" W, 95.27 feet; ' thence 149.97 feet along the arc of a 3051.97 feet radius curve to the "' left, having a central angle of 2°48'56" and subtending a chord bearing S 25°49'26" W 149.95 feet; thence, S 24°24'59" W, 47.20 feet; thence 149.66 feet along the arc of a 905.93 feet radius curve to the right, having a central angle of 9°27'55" and subtending a chord bearing S 29°08'56" W 149.49 feet; thence, S 33°52'53" W, 268.73 feet; u thence 284.31 feet along the arc of a 685.89 feet radius curve to the ~ left, having a central angle of 23°45'00" and subtending a chord bearing m S 22°00'23" W 282.28 feet; n m o thence, 5 10°07'53" W, 405.91 feet; t4 o m m thence 258.83 feet along the arc of a 654.81 feet radius curve to the M N N ~ right, having a central angle of 22°38'51" and subtending a chord N ,.~ ° bearing S 21°27'18" W 257.15 feet; r m N thence, S 32°46'44" W, 352.26 feet; lS7 n m thence 64.53 feet along the arc of a 90.00 feet radius curve to the left, ~ having a central angle of 41°04'44" and subtending a chord bearing S s m 12°14'21" W 63.15 feet; ~~~ thence, S 08°18'01" E, 33fi.42 feet; ~~ thence 73.32 feet along the arc of a 100.00 feet radius curse to the ~~ right, having a central angle of 42°00'29" and subtending a chord ~~ bearing S 12°42'13" W 71.69 feet; thence, S 33°42'28" W, 15.04 feet; ~~ thence 59.27 feet along the arc of a 154.89 feet radius curve to the ~~ ~ right, having a central angle of 21°55'23" and subtending a chord ~~z bearing S 44°40'09" w 58.91 feet; ~~~ thence, S 55°37'50" W, 113.63 feet; ~~z thence 46.25 feet along the arc o£ a 24.68 feet radius curve to the left, ~~r having a central angle of 107°23'05" and subtending a chord bearing S ~ 01°56'18" W 39.78 feet; ' a thence, S 51°45'15" E, 28.17 feet; N ~> thence, S 03°40'54" W, 463.37 feet along the west line of a tract of ~~o land described in Book 253 at Page 411 of the records of the Clerk and ~~a Recorder of Pitkin County, Colorado to the south line of Tract 85 of said --~ 0U000~ 1 ~- 512836 iIIIIIIVIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIVIIIIIIIIIII a 07927 /02 00 00 9 lfif SILVIA D Township 8 South, Range 87 West; thence, S 90°00'00" W, 1899.92 feet along the south line of said Tract 85 and Trace 84; thence, N 15°38'31" E, 2396.86 feet; thence, N 15°15'22'" W, 5620.83 feet to the east-west centerline of said Section 30; thence, N 89°59'39" E, 150.49 feet along said east-west centerline; thence, N 89°59'39" E, 2664.60 feet along said east-west centerline; thence, S 89°58'00" E, 1323.30 feet along the north line of said NW1/4 of the SW1/4 of Section 29 to the point of beginning, containing 22,043 978 sq.ft. or 506.06 acres more or less. EXCEPT Lots 5 and 8 of said Section 32 containing 1.00 acre more or less 000003 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 5g 28 a6 0e: co R 0.00 D 0.00 36P ~' -~ (J A O~ O ~~ If/ ~~ 1 O`er d V LL a N d ~ a 3s ~~ ~. ..Q ~ m CCO 0 G C ~ ~_ N ~ V C d ~~ `1 ~x 5 ~ ~ ~ ~ ~ m ~ ~ C ` ` ° \ V w a ~ =:-QOIlOQ4----------~--------------~--------I--------------, j~----- J Q 0 d r---- V T ~ ,_ ---~ '7~' ~~ u N m N b m ~" Nm O ~ b N N ~ N "~ 41 N r rn ~. Lf7 n m b b o b ~~~ ~~ W r~ 5!€ r4 'M- ~~ ~' ^ V N a.. N d. ~ ,~ ~ ~ } ~ - ~ C~ ~: s V ~ ~ w/ ~Rb-_ ~ ~3 MINUTES Meeting of the Pitltin County Board of Adjustment July O5, 2005 Members Present: Rick Head, Co-Chair Jim Rifkin, Co-Chair Bob Throm Michael Cooper Members Absent: Deanna Olsen Staff Present: 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. Finhohn 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 pazcel 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 squaze foot residence. Finhohn 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 Finhohn's argument should have been made during the 1041 Hazard Review, and asked if he made his case to the P&Z. When Finholm 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 Finholm if the variance were not granted, would the impacts be any different. Finhohn stated no. He realizes a house will be built there, however, he would like to see a landscape plan. .................................................................. .... 000006 Rifkin made a motion to approve the request subject to topographic hazdships. Throm seconded the motion and it passed 4-0. Case #07-2005 Slater, Lawrence Lot 4, Block 1, Aspen Highlands Subdivision 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 Maroon 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 pazcel 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. Hom 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 triangulazly 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. ......................................................................... 000007 Case #09-2005 AGL, 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 APR-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 parcel. 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 Boazd 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 hardship 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. Rifkin 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 parcel. She stated in Mazch, but it was off season and she wasn't awaze 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. ......................................................................... 00000 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 regazding 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 hardship 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 tum their lazge vehicles around avoiding the ditch. Rifkin moved to grant the variance due to topographic hazdship. Cooper seconded the motion and it passed 4-0. Case #11-2005 Ranch IV, LLC S80 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 Affidavit 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 QO~~~~ 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. Rifkin 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 Boazd, Head made a motion to adjourn the meeting. Throm seconded the motion, and it passed, 4-0. Respectfully submitted, oanna S. ch ffner,' ate ~~ lD ' ~ oning Of icer ~UUUt~ A ~~~~~~ c a , Date Co-Chair CASH NAME: Ranch I, LLC (Bane Tract 1) PLtiR: Joanna Schaffner PRDJ ADDR• 0270 Lost Basin Road CASH'TYP: Front Yard Setback Variance STEpg;~'""'•"- DWNlAPP:I Ranch I, LLC ADR 315 E. Hyman #305 C78/2°; Aspen, CO 81611 PMNC 925-8166 KEPI Gideon Kaufman or Patnck . AnR• 315E Hyman #305 ~ C1S1Z: gspen, CO 81611 Pi~1 g25-i0gp 1 ~... . PEHS'nUH• $568 FHHg,RC~fp;p`$'S~6°8~=#~1~9561 ~"`' REpHRRAt.$ JSS will do kHt=:~~ gy Isabel C p(jE;~ M1'fi nA'tH RHV ~DY 'PM. NOTfGHD' 7/5/05 ~ BOA Ye~ 6/26/05 nary.a~ ~i: REMARKS 6/14/05 pub notice to jj/neighbors/JSS ' DATE CtO$Hn: BY; Isabel Calderon ~~~~1~ PITKIN COUNTY BOARD OF ADJUSTMENT Application Form DATE REPRESENTATIVE Gideon Kaufman and/or Patrick D. McAllister PHONE 970-925-8166 FAR 970-925-1090 MAILING ADDRESS 315 East H}'man Avenue. Suite 305. Aspen. Colorado 81611 OWNER Ranch I. LLC PHONE c/o 970 925-8166 MAILING ADDRESS cJo I{aufman. Peterson & Dishlex PC 315 East Hyman Avenue Aspen CO LEGAL DESCRIPTION See Exhibit A attached hereto SL'BJECTPARCF_LADDRESS-5 es opus ree pad ~Z7G ~of~ $uSi// ~~ PARCEL ID Tract 1: 24653.1108001 . ZONE DIS"I'RICT RS-30 PUD LOT SIZE Tract I- SIGNATURE: See APPLICA Requesting: attached hereto and made part hereof (To be completed by the Zoning Department) CASE # I~ _Z~~ ~' Front Yard Setback Variance, where [ o o ' is required. 'Rear Yard Setback Variance, where ' is required. _ Side Yard Setback Variance, where ' is required. ' Side Yard Setback Variance, where ' is required. 'Height Variance, where ' is allowed Application Refer to_ Datc of Me. Notices Mai -05 Secretary Official 00001? PITKIN COUNTY BOARD OF ADJUSTMENT APPLICATION MEMORANDUM Applicant requests a 77 foot front yard set back variance for a Ranch Gate. 2. Ranch Gate with Posts. The Property has a one hundred (100) foot front yard setback. Applicant proposes to construct a ranch gate with posts ("Gate"). A drawing of the proposed Gate in relation to the property line and access drive off Dinkle Lake Road is attached hereto as Exhibit A and made a part hereof. By reason of topographic conditions and health safety concerns, Applicant requests a 77 foot setback variance where a one hundred foot setback is required. Specifically, due to steep topography and the narrow width of the drive at the location of the one hundred foot setback line, construction of the Gate at that location would result in vehicles not being able to see the Gate from the entrance to the property off Dinkle Lake Road. Without seeing the Gate, vehicle drivers risk driving at least the full one hundred foot set back distance from the entrance, only to have to reverse back out over the steep topography. During winter and mud seasons, driving a vehicle in reverse out of the drive would be difficult and potentially dangerous. The Board of County Commissioners desires that the existing ranch road be utilized despite its topographic and set back issues. By locating the Gate 23 feet from the property line, Applicant allows the Board of Adjustment to grant a minimal variance. Having to locate the Gate at or beyond the one hundred foot setback line would result in a peculiar practical difficulty to the owner. For the reasons set forth herein, Applicant requests that the 77 foot setback variance be approved. Thank you. ~D~d1~ -- F.XHTR TT "A" DESCRIPTION-TRACT 1-- TO BE KNOWN AS BANE TRACT L A tract of land situate in Sections 29,30,31 and 32, Township 8 South, Range 87 West of the 6th Principal Meridian being more particularly described as follows: Beginning at the NE corner of the NW 1/4 of the SW 1/4 of said Section 29; thence, S 00°03'26" E, 2640.00 feet along the east line of said Nw1/4 of the SW 1/4 and Lot l of said Section 29; thence, S 00°03'00" E, 1219.58 feet along the east line of Lot 2 of said Section 32 to the center of the Dinkle Lake Road; thence along the center of the Dinkle Lake Road the following courses: thence, S 28°02'40" W, 172.76 feet; thence 30.09 feet along the arc of a 500.00 feet radius curve to the left, having a central angle of 3°26'54" and subtending a chord bearing S 26°19'14" W 30.09 feet; thence, S 24°35'47" W, 143.54 feet; thence 25.55 feet along the arc of a 200.00 feet radius curve to the right, having a central angle of 7°19'11" and subtending a chord bearing S 28°15'22" W 25.53 feet; thence, S 31°54'58" W, 144.17 feet; thence 81.28 feet along the arc of a 500.00 feet radius curve to the left, having a central angle of 9°18'52" and subtending a chord bearing S 27°15'32" W 91.19 feet; thence, S 22°36'06" W, 344.52 feet; thence 121.22 feet along the arc of a 1500.00 feet radius curve to the right, having a central angle of 4°37'48" and subtending a chord bearing S 24°55'00" W 121.18 feet; thence, S 27°13'54" W, 95.27 feet; thence 149.97 feet along the arc of a 3051.97 feet radius curve to the left, having a central angle of 2°48'56" and subtending a chord bearing S 25°49'26" W 149.95 feet; thence, S 24°24'59" W, 47.20 feet; thence 149.66 feet along the arc of a 905.93 feet radius curve to the right, having a central angle of 9°27'55" and subtending a chord bearing S 29°08'56" W 149.49 feet; thence, S 33°52'53" W, 268.73 feet; thence 284.31 feet along the arc of a 685.89 feet radius curve to the left, having a central angle of 23°45'00" and subtending a chord bearing S 22°00'23" W 282.28 feet; thence, S 10°07'53" W, 405.91 feet; thence 258.83 feet along the arc of a 654.81 feet radius curve to the right, having a central angle of 22°38'51" and subtending a chord bearing S 21°27'18" W 257.15 feet; thence, S 32°46'44" W, 352.26 feet; thence 64.53 feet along the arc of a 90.00 feet radius curve to the left, having a central angle of 41°04'44" and subtending a chord bearing S 12°14'21" W 63.15 feet; thence, S OS°18'01" E, 336.42 feet; thence 73.32 feet along the arc of a 100.00 feet radius curve to the right, having a central angle of 42°00'29" and subtending a chord bearing S 12°42'13" W 71.69 feet; thence, S 33°42'28" W, 15.04 feet; thence 59.27 feet along the arc of a 154.89 feet radius curve to the right, having a central angle of 21°55'23" and subtending a chord bearing S 44°40'09" W 58.91 feet; thence, S 55°37'50" W, 113.63 feet; thence 46.25 feet along the arc of a 24.68 feet radius curve to the left, having a central angle of 107°23'05" and subtending a chord bearing S O1°56'18" W 39.78 feet; thence, S 51°45'15" E, 28.17 feet; thence, S 03°40'54" W, 463.37 feet along the west line of a tract of land described in Book 253 at Page 411 of the records of the Clerk and Recorder of Pitkin County, Colorado to the south line of Tract 85 of said OOOU1~ 1 a N n m m ~ N m O m T m ~ N N ~o ~!~ .. N ~ v m rn. Cr nmm m ~_ 0 U } .. 0 U 2 Y a m '> 0 J -~ Township 8 South, Range 87 West; thence, S 90°00'00" W, 1899.92 feet along the south line of said Tract 85 and Tract 84; thence, N 15°38'31" E, 2396.86 feet; thence, N 15°15'22" W, 5620.83 feet to the east-west centerline of said Section 30; thence, N 89°59'39" E, 150.49 feet along said east-west centerline; thence, N 89°59'39" E, 2664.60 feet along said east-west centerline; thence, S 89°58'00" E, 1323.30 feet along the north line of said NW1/4 of the SW1/4 of Section 29 to the point of beginning, containing 22,043,978 sq.ft. or 506.06 acres more or less. EXCEPT Lots 5 and 8 of said Section 32 containing 1.00 acre more or less.• 463610 I IIIIII VIII IIIIII IIII IIIIIII VIII VIII III IIII IIII IIII 00 2905 p2 0e 00 1.28P SILV IP U ~~0~', 2 GARFIELD_ ~~ COUNTY H/GyWAY g7 '~.~ARBONDALE z PITKIN CO ~~ C'+p ~~ a EAGLE COUNTY EL JEBEL BASALT BANE TRACTS VICINITY MAP NTS OOOOls / - DIRECTIONS TO BANE TRACT 1 AND TRACT 5 Beginning in Aspen, take Hwy. 82 West approximately 20 miles Turn left at Emma, then turn left at the fork. Follow that road approximately 1 mile to stop sign at intersection of West Sopris Creek Road and turn right and go to end of road where it intersects with Dinkle, Prince Creek, and Sopris Creek Roads. The entrance to the property is at that intersection. ~nn~~.7 _. LAW OFFICES OF GIDEON I. KAUFMAN` PETERSON &DISHLER P KAUFMAN C HAL S. DISHLER ^ . , , . PATRICK D, MCALLISTER 315 EAST HYMAN AVENUE ' ALSO ADMRTED IN MPRYUNO SUITE 305 " ALSO NOMRTED IN Tf%AS ASPEN, COLORADO 61611 June 7, 2005 Via Hand Delivery Joanna Schatl~ner Pitkin County Board of Adjustment t30 S. Galena Street Aspen, Colorado 81611 Re: Ranch I, LLC Apphcalion Cor Set Back V~u-iance for Ranch Gate. Dear Joanna: Enclosed please find die following: BROOKE A. PETERSON OF COUNSEL TELEPHONE (970)925-8166 FACSIMILE (9701925-1090 original letter from the Owner authorizing us to represent them regarding the vuiance application. 2. 7 copies of variance application including Exhibit A, legal description and Application Memorandum which includes Exhibit A, a survey. 3. 7 topics of list of adjacent property owners with mailing envelopes which have postage prepaid and show Aspeai/Pitlcin Community development as return address. ~. Check iu the amount of $568.00. 5. Seven copies of Vicinity Directional Map plus written directions to die property. Pursuant to our discussion, these are the only Vicinity Directional Map and written directions to the property being submitted and arc also intended to be part of and for use under another sepatate variance application submitted simultaneously herewiQi. As we discussed, our prior submission on (i/3/05 of two variance applications on one (1) form was sutlicicnt to meet die deadline ofJune 6, 200. We submit the same two applications on Lwo separate forms pursuant to your instructions. Four Lime and cooperation in Ibis maUer has been most appreciated. If you have any questions please call me. ~0~~~~ Thank you. Sincerely, Kaufman, Peterson & Dishier, P.C. A Profes iona~l~Copp~oration atrick D. McAllister 000019 `, OIDEON I. KAUFMAN' I.AW OFFICES OF BROOKE A. PETERSON PATRICK DHMCALLISTER KAUFMAN, PETERSON ~ DISIII.ER, P.G. OF COUNSEL TELEPHONE (970)925-6166 ' RLSO ADMITTED IN MRPYWIO 315 EAST HVMAN AVENUE, SUITE 306 FACSIMILE ".LL504DMITTEO IN TEXAS ASPEN, COLORADO 81611 (970) 926-1090 June 6, 2005 Ms. Joanna Schaffner Pitkin County Board of Adjustment 130 South Galena Street Aspen, CO 81611 Re: Authorization to Submit Variance Application Dear Joanna: As the attorney-in-fact for the owner of Bane Tract 1, Ranch I, LLC, a Delaware limited liability company, Gideon Kaufman and/or Patrick D. McAllister of Kaufman, Peterson and Dishler, P.C. are hereby authorized to submit an Application for Variance for the above-referenced property, and any and all documentation related thereto. Sincerely, KAUF PETERSON & DISHLER P.C. A Pro nal Corporation By Gi e n Kaufman GK/bw Q~~U~~ ~• 12ANCH IV LLC C/O GIDEON KAUFMAN 315 E HYMAN AVE STE 305 ASPEN, CO 81611 246531108005 RESMCK CANDACE J 5353 W SOPRIS CREEK RD BASALT, CO 81621 246532301002. TURNBULL ROSAMOND C/O THOMAS TURNBULL PO BOX 686 CARBONDALE, CO 81623 246532300004 HOLLAND LLC 315 E HYMAN AVE #305 ASPEN, CO 81611 246532301001 IInit~ed-.States Forest Service 900 Grand Avenue Glenwood Springs, Colorado 81601 Department-. of ..interior _ -- -_-_ --_ -_- - Bureau of Land Management- -- 50629 Highway 6 & 24 Glenwood Springs, Colorado 81601 ~i~~~lE'~~l MAY ? 6 2005 Pik Ccur~hj Assessor Add aC end Pro~e~kies ~~ack 000021 AGENDA PTTKIN COUNTY 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 parcel 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 Maroon 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 Yard 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. ~0~~2~ 10-2005 Ranch I, LLC Aka Tract 1, Bane Tracts Requesting a 77 foot Front Yazd setback variance where 100 feet is required for the construction of a ranch gate on this 500 acre pazcel in the RS30 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 pazcel in the RS-30 zone district. 1~IINUTES: Please be prepazed to comment/approve minutes from the June 21 st meeting. PLEASE CONTACT JOANNA AT 920-5105, WHETHER OR NOT YOU CAN ATTEND THIS MEETING 000023 q~~ ~ PUBLIC NOTICE RE: Front Yard Setback Variance for Tract 1, Bane Tracts (Case 10-2005) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 5, 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 Ranch I, LLC, c/o Kaufman, Peterson & Dishler, PC, 315 East Hyman Avenue, Aspen, CO 81611, requesting a 77 foot Front Yazd setback variance where 100 feet is required on this 500 acre parcel in the RS-30 zone district for the construction of a ranch gate. The State Parcel Identification Number for this property is 2465-311-08-001. For further information contact Joanna Schaffiier at the Pitkin Community Development Department, (970) 920-5105. Pitkin County Board of Adjustment Published in The Aspen Times Weekly on June 26, 2005 Pitkin County Account No. 002.02 ~~0~2~# JUL ~. 1005 10:1)AM ~ ~UFMAN PETERSON 0[SHLEz • NQ 05)g P. Z County of Pttlmt } AFFIDAVTI' OF NOTICE BY POSTING } aa. OF A VARIANCE HEARING BEFORE Stan of Co(ondo { THE PITKI.`f COGNTY BOARD OF ADJUSIMEN'r The ~,^•+•.•;~r_'± hem4 fat dut}' swan. deposes and says as follows >; ~Lr~v J. l/' U~l~tlinlGNPo'Vl . being ~: an Applitaa boor d:e Pitidn Couttry Bossi of Ad}ustment, pesonaliy cudfy rhat the armehod pborogrmit fairly and ac,^ursmiy ~a tf:e sign posted as , farice of t¢e ~+xtience heating on this :Warner m a coasoiamus places oa the subject omoetty (as is could be sees fromm the neatest public way) and that the said sign was oostea and visible coatinttousty from dzc Z4~ day of .~ ~ 1~1~ . Zo05 ro the 5~ day or J~, Z0~(Must be pasud for ac least nine (9) full days before rite hearing . date). (Attach ohow~tattb here) BRIYG THIS FORM TO THE FETING .~ Anpiicmt's Sign ~~ Subs.-ibed and swam w befog me This ' day oL"J `' ` ~ 20 ~ by /a LLI~s 1~! .~• C~-~~~ t •1G)-j ~crr. WITNESS biY E3~vD AND OFFICIAL 51:91.. My Ca~ission ewes: O 5)'Z%~ ~ t ~ :- j Hoary lids Si 2ao C. CoD%~ ~-~},JE Address 13i}SA(..-T ~ CO ~ ((~ ~ ~ _ UuO~~~J ,,~• r.r {{ l '. ^~~' '.• 44t .s•. . ~." 1: w- y,. ~; . a s.~ Ya 'r i` _,.{ F a~ ~ ~ 'gy`p a ~. =~ '"' ~' , g s. :?~° c ' . ~~ .. L:.. ~: . 4 M ~d~ > ~7~ ~ ~ ~ ~ $+ 3 "' esy ~,~. ~ i s~ ~ "' fir. ;i3 ~ .~. ~~ ~ ~ ° 6r< ~ "` t! ,~ ~ t rr~ ~ ~~ ~ t ,,,.., _ ~ ? .,,. w ..~. fL; ~ ~ C? 4Ai a.~ i ~ '~ ~ ~ ap '~ .r~ t `ti w ~ .~ ^ t: ~; K ~ ~ ~~ Y ~ "_i~ ~ T~,. ~ ,;~ St{~ ~ 3~:y, ~" ~ ~ ` ~ i=b..... n f i ~. f 1"t ~~ ~fi ~~ y{V' :r ~ '/ '` }}~}.. ~ '~ i y }h+µ ` ~ Y „~.. ti f i .,. ,.. t ,~, ? r^4 -y !~ Y +y} ~r f .~~» ~' d~ r y +~ .w. +~~" ~»y~ay'~"!y ~ ~~4~ ~ ~ yr ~ ~ .t # (+ «.F .~"' ~~ ~. ~ ~~ k ~ , "`"pw ~ . F v ~ ", ~.. ~' _ ~ , ~. ~' .' ~_ . . ~ ' g~ ~# ' ~.. P M ~^ yi ~MUNIITY DE~ELi)pMENT DEPART~T 130 So lilt _,aler~a Street Aspen. (ulor;ido 81611 (9701920 50,26 Pitkin County Land Use: 172 Board of Adjusim~ni 159 County Land Use Code 173 Deposit 174 Flat Fee 162 Zoning and Sign 169 R~blic Notice 160 Planning Enforcement 175 Hearing Officer Referral Fees: 210 airport LUCO] County Clerk 211 County Engineer 194 Environmental Health 208 Historic 198 Housing 190 Land Management 209 Redstone HPC 206 Wildlife Officer Building Fees: 170 Board oC 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 130 Reinspeciion 151 Aspen Sanitation 152 AVFD Firc Marshal 158 BFD Fire Marshal U .. Other Fees: 155 Use Tax 165 Copy P7.005 Masser Plan Copy Performance Deposit 185 Park Dedication - 186 Parking Cash in Lieuo O IS GIS Requirements B1202 Road Impact Fee BI203 Schoo] Impact Fee TOTAL ADDRESS PRD.lECT CASE/PERMIT#: # OF COPES: AL: