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HomeMy WebLinkAboutpitkin.boa.05.17 RESOLUTION OF THE PITHIN COUNTY, COLORADO BOARD OF ADNSTMENT GRANTING A HEIGHT VARIANCE FOR PARCEL 7, PIONEER SPRINGS RANCH Resolution No. 17-2005 WHEREAS, Ingrid and Walter Braun, owners of 780 Pioneer Springs Road, are requesting a 4 foot height variance where 6 feet is allowed to construct an entry gate within the front yard setback; and WHEREAS, this parcel contains 60 acres and is located in the AFR-10 zone district; and W11F,REAS, the parcel is described as Parcel 7, Pioneer Springs Ranch; and WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by virtue of Title 1h 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 Adjushnent 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 4 foot Height variance Highway be granted to construct an entry gate within the setback 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 Boazd of Adjustment of the County of Pitkin, State of Colorado. DATED: October 4, 2005 The Boazd of Adjustment of Pitkin County, Colorado ATTEST: . anna S. S h er, date ounty Zoning Officer ~-z-o~ Ri ead, date Chairperson Parcel ID#264329400011 ui~uiiinmiimnmiimA 526488 Page: 1 of 3 07/14/2006 01:491 D 0.00 000001 ~-F 1(p C` / W _I .f~ ,_ ~~~~~ /- _-~~~ T- _-- _,~ J~ N I ~' I N J y -~ ~ I r <__ ti C ~~~ ~'OOOU02 \' '~i .~ - _..e-,, , ~ _~ ~ _ _- '`.> ~. ~~ ~ ~ ~ '~: IIIIIIIVIIIIIIIIIIIIIVIIIIIIIIIIVIIIIIIYIIIIIIIIIIIIIO 5ii~aD 08068 01.491 00 l --- 9~ - • ~'~-. I IIIIII VIII IIIIII IIII VIII IIIIIII VIII III VIII IIII IIII 079 648 O 01 :49P CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 - - ~~. ~ _ ~- _ _ ` R_ _ _ r -- C~ t~\ ~__._~ MINUTES Meeting of the Pitkin County Board of Adjustment October 4, 2005 Members Present: Jim Riflcin, Co-Chair Isabel Day Bob Throm Michael Cooper Patrick McAlister, alternate Staff Present: Joanna Schaffner, Zoning Officer and acting secretary Rifkin opened the meeting at 5:29pm. Case 16-2005 -McCarter, W. Blair Lot 7, Ridge of Red Mountain Aka 389 Ridge Road Attorney, John LaSalle was present to represent the applicant, requesting a 20 foot Front Yard setback variance where 30 feet is required on this 51,949 sf lot in the R-30 zone district, for the construction of asingle-family residence. Schaffner explained that although the application letter references two requests, only one is for this Boazd to consider. The other request was an issue for the Homeowner's Association only. The Affidavit of Posting was submitted. No objections to the request were received by the zoning office. Schaffner asked if they had any approval from the Homeowner's Association. LaSalle stated that yes, they had all of their approvals from the HOA, however he had nothing in writing to submit to the Boazd, but that he would be happy to provide one. Schaffner explained to the Board that this lot received 1041 Hazard Review approval for a new single-family residence. Steep slopes pushed development to the top of the slope, closer to the access road. LaSalle stated that Mr. McCarter has owned this lot since the 1960's. A topographic hazdship was created by the County's change in policy to review Boazd approved subdivisions for 1041 concerns. Through the 1041 process, all development has been pushed to an area on the lot not containing slopes. This resulted in an envelope barely able to contain the allowed floor azea. Had Mr. McCarter development two or three yeazs ago, the problem would not have existed. He continued that the lot fronts Red Mountain Road, however, it is accessed from a private road that comes off of Ridge Road. This puts the front yazd setback in the back of the house, closest to the access road. A variance is necessary to make the most of the development envelope established by the 1041 review. He also noted that McCarter owns the lot next door. Chazlie Podolak, realtor in the sale of the lot, was present and confirmed that no other legal access existed other than from the access road off of Ridge Road. Throm made a motion to approve the request as submitted, based on topographic hardships. Rifkin seconded the motion and it passed 5-0. ~OQOO~t Case 17-2005 -Braun, Ingrid and Walter Parcel 7, Pioneer Springs Ranch Aka 780 Pioneer Springs Road Ingrid and Bill Braun were present to request a 4 foot Height variance where 6 feet is allowed for an entry gate located within the front yazd setback. The parcel contains 60 acres and is zoned AFR-10. The public notice erroneously requested a 3 foot Height variance. The Affidavit of Posting was submitted. There were no members of the public present to comment on this case. A letter from the Homeowners Association supporting the request was submitted. Mr. and Mrs. Braun explained how their driveway is located at the end of Pioneer Springs Road. Many people drive onto their property to turnazound. They wish to erect a gate near the lot line to discourage this trespass. The gate will also provide privacy from the neighbors. However, the driveway elevation drops down to the house, and so a six foot fence as allowed by zoning would not be visible off the property. Therefore, a higher gate is necessary to be effective. It will not be seen from the county road and will not have any impact on the general public. McAllister asked what was the hazdship. Schaffner suggested the hardship was topographic, because of the descending driveway. Cooper stated that both he and Day aze Boazd members of the Brush Creek Metro District, and that Pioneer Springs is part of that district. The Brauns stated that they didn't mind if Cooper and Day voted on the case. Throm made a motion to approve the request due to topographic hardships. McAllister seconded the motion and it passed 5-0. Case 18-2005 - Ruttenberg, Eric, M. Lot 2, Block 4, Red Mountain Ranch Aka 0687 Hunter Creek Road Glenn Horn and architect, Derik Skalkow were present representing the applicant in a request for a 20 foot Front Yard setback where 30 feet is required on this .7983 acre lot in the R-30 zone district, and to change the grade greater than 30 inches in height within a setback azea. The Affidavit of Posting was submitted. There were no members of the public present to comment on the case. Schaffner explained to the Boazd that the applicant wishes to demolish the existing house and replace it with a new single-family dwelling. The existing residence is within 10 feet of the property line. Horn stated that a variance was previously granted for the existing encroachment. A 1041 Hazard Review was approved and the building envelope was pushed up closer to the road to avoid disturbing the slopes lower on the site. The proposed house is located on the site of the existing residence, and will encroach into the setback no more than the existing house. ~DD~dS Attorney, John Balcomb, was present representing an adjacent property owner. He had no objection to the request. Horn stated that a topographic hazdship exists as imposed by the 1041 Hazazd Review. Cooper asked how the proposed house compazes in height and mass to the existing residence. Skalkow stated that the proposed house is 8 inches higher than the existing house. Otherwise, the proposed house will be really similar to the existing house. Cooper asked whether or not the public will be impacted by this variance. Horn stated that Hunter Creek trail uses will see the house. Cooper made a motion to approve the request due to topographic hardships. McAlllister seconded the motion and it passed 5-0. Administrative Review Case 02-17 - Hickam, Dow Lot 46, Mountain Valley Subdivision Aka 189 Mountain Laurel Schaffner reminded the Boazd of an application they reviewed 2-3 years ago. The detached garage that was proposed to be located between the house and the road underwent several changes during the course of the meeting. Several Mountain Valley homeowners were present at the meeting. Schaffner read from the minutes of that meeting: May 28, 2002: Schaffner stated that there have been changes made that have not been submitted, and that if the Boazd were to approve the request based on those changes, then a full accounting of those changes must be submitted. "Riflcin moved to approve the request as submitted subject to written confirmation of what has been verbally stated, at which time the application can be approved." The written confirmation was never received, resulting in an incorrect resolution of approval. The property was then sold and a building permit for the construction of the garage was issued to the new owner. When it was realized that the permit had been issued For a garage that was not the garage agreed to during the public meeting, the contractor was notified. A citation was not issued. The contractor then became ill, and the garage was not constructed. The owner now wishes to construct the garage. He was told by staff that the record was not very clear as to what garage was approved. It is the hope of applicant that the Boazd can cleaz the record tonight. A letter from the adjacent property owner, who previously objected to the side yard setback request, was submitted. The neighbor is now supporting the request because of landscaping promised by the applicant. However, during the meeting, the request for a side yazd setback was withdrawn. With this letter from the neighbor, the applicant believes he should be able to now construct the garage. Several Boazd members did recall the meeting with Hickam and the Mountain Valley residents and the confusion that ensued. Rifkin stated that another application should be made to clarify the record. Throm and McAllister agreed with Rifkin. Rifkin continued that he didn't think that Schaffner or the Boazd had the authority to do what the applicant was suggesting. It is best for a 000006 new owner to make a new application, and not rely on a previous record that appears to be uncleaz from the onset. Rifkin made a motion to accept the minutes from the September 6`s meeting. Throm seconded the motion and it passed 5-0. Rifkin again welcomed the new members to the Board. There being no further business before the Boazd, McAlister made a motion to adjourn the meeting. Cooper seconded the motion, and it passed, 5-0 at 6:ISpm. Respectfully submitted, i 3 ~ OG oanna S. ,'ch ffner, ate Zoning Ofiicer Approved: Jim Ri dn, Date Co-Chair OOOOC~? PITIQN COUNTY BOARD OF ADNSTMENT Application Form DATE REPRESENTATIVE J-N6121D $,Qi}ul~-~ PHONE 9)0 "~ZZ "(cj~/~ E_~, ~,Iln~1EELr}7'E~C.. C~COyhyl/SE/GiE+ Corer FAX I ~~ _9 2-z "6 s'6(o MAILING ADDRESS Oo. g~699~' S,~Qwrgr}SS L'r/~iJ66 L© ~/~/f OWNERSNG2iD a iuf~c~'2 ~k~9vN PHONE 970 -~Z2-6366 MAILING ADDRESS ~~. ~ 69g~ fNDU/a~~Jf I/i~~i~6E~ CO ~~6/f LEGAL DESCRIPTION SUBJECT PARCEL ADDRESS ~7S© pi©aFP.~ ~'',C/NCS KA.r~C/f Ro,}p PARCEL m # ~ d ~~f3 ~ 9 ~f - o ~ ~~ ~zoNE DISTRICT ~r~ ' l O LOT SIZE ~ rv =' -'~ SIGNATURE (To be completed by the Zoning Department) CASE# f7'ZDC7~ Requesting: ' Front Yazd Setback Variance, where ' is required. 'Rear Yard Setback Variance, where ' is required. ' _ Side Yard Setback Variance, where _' is required. ' _ Side Yard Setback Varffiance, where ' is required. ~' Height Variance, where ~7 ' is allowed Comments: Application filed C~U° z.~0~ Refer to Date of Meeting 10' ~ ~ Notices Mailed 4 -, S~d 5 Zoning Official Secretary fl~~~~8 • ~ Bill &'ngrid Braun ' 780 pioneer Springs Rd. PO Box 6998 Snowmass Villages GU 81615 Zel: (970) 922-6366 Fax: (970) 922-6466 August 19, 2005 Pitkin County Board of Adjustment Dear Community Board Members, We are requesting a 9 foot height variance, where 6 feet is allowed, for the entrance gate to our property. This has already been approved by all of our neighbors and the Pioneer Springs Homeowners Association, as well as the Pitkin County Fire Department. We've enclosed a plot plan, sketch of gate, and letter from the homeowner's association. Ed, from the fire department came by and looked at it, and gave us his approval verbally. If you have any further questions or you are in need of assis- tance with this matter, please call us. Thank you, Sincerely, Bill /Braun 000009 -- _: r4t~; • PIONEER SPRING RANCH OWNERS' ASSOCIATION C!O GEORGE S. WHIPPLE 121 SOUTH GALENA ST., t# 203 ASPEN, CO 81611 (970) 920-4428, FAX (970) 920-4427 August 9, 2005 Via Fiix 9?2-6466 Ingrid and Bill Braun 1'.O. Box 6998 Suowmass Village, CO 81615 1]ear Ingrid and Bill, At the Board meeting on July 22nd, we approved the entrance gate drawing for your house on I.ot 7. [ am also including a copy of }{erb Klein's letter to Bruce Droste regarding the pond and the response we received back from him. Hopefully, l will see you for the August 15'" Homeowners meetbtg when we will ratify the budget. Singly, G. Steve Whipple, President Pioneer Springs Ranch Homeowners Association OSW/kb QQDU1,o a ~' ~ $ - ~S _ „_r.....-- ` ~ ~ .~~ ~ 9^ .D w ?4 q \ ~ ` _._~ ~ \ ~,\ `\` ;~ 00401 , ;_ __~`\ \ ~ ~~~ ~_. =~ ~, _. ~ , ooool • %~~= __f !~ ~' \` / 1 ij ~ c~ ~ J ~> ~~ V ' ~ ~` ry '~ r N` ~~; v ~ M PUBLIC NOTICE RE: Height Variance for Parcel 7, Pioneer Springs AKA 780 Pioneer Springs Road (Case 17-2005) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 04, 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 Boazd of Adjustment, to consider an application submitted by Ms. Ingrid Braun, P.O. Box 6998, Snowmass Village, CO 81615. The applicant is requesting a 3 foot Height variance where 6 feet is the maximum height allowed for an entry gate within required setbacks. This parcel contains 60 acres and is located in the AFR-10 zone district. The State Pazcel Identification Number for this property is 2643-294-00-001. O1( 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 September 25, 2005 Pitkin County Account No. 002.02 000013 WHII'PLE GEORGE S & LYDIA B 121 S GALENA ST ASPEN, CO 81611 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 DROSTE PETER C PO BOX 6697 SNOWMASS VILLAGE, CO 81615 DROSTE PETER C JR & ELISE TRUST PO BOX 6697 SNOWMASS VILLAGE, CO 81615 COURSON ROBERT E & KATHERINE 2882 SANDHILL RD STE 117 MENLO PARK, CA 94025-7057 QD~Ul~it ~EE.li.ii~QU c.up~~~ i ~ County of Pltk9n i State of Colorado CGMVIUPII-V D.~E~Or"~^EIV' ':~~. X547 ~ '^ } AFFIDAVIT OF NOTICE BX POSTAVG } ss. OF A VARIANCE TiE.~iING BEFORE } THE FTTI~' COiINTY BOARII Ok' ADJUSTME>r'T The tuldersignea, being first duly sworn, deposes and says as fo1lo~NS: ~ j . II ~'J I, ,: \ 6' ~ ~(1 V~ {~ , bei-ig or representing an Applicant before the I'itktn County Board of Adjustment; personally certify that the attached photograph faizly and accuraxely represents the sign posted as Notice of the variance hearing on this matter iti a conspicttous place on the subj ect property (as it could be seen froru the nearest public way) and that the said sign was posted and visible continucusly Trout the _~~~ day of 5 ~ oOD,~ P~A~-~ to the _ ~~ day of ~7 G~ , 20 0 ~ (llfast be posted for at least nine (9) rial[ days before the hearing date). ~ Appl~s Signature Subscribed and sworn :o before mz this 2 ~~~ day of ~~ , 20~, by /~-.~ ~ i ~.~~~ ~~, WITNESS MY HAND AIv~ OFFICLAL SEAL. My Commission expires: ! U U o Notary Pub c'S -nature Address ~ ~t nl e` 4 A-N ~- L1.1C`t d. sz~ .,. "E QF ODUU15 .~ ~ .~ ~, ~lMlyIIJNITY DEVELOPMENT DEP~ENT 130 Sonlh Galena Street Asp (470 ° ~`,~ 0~ 5526 611 Pitkin County Land Use: ~Cav 172 Board of Adjustment ~~ 159 County Land Use Code ~~ 173 Deposit -- 174 Flat Fee ~- 162 Zoning and Sign ~ 169 Public Notice -~~ 160 Planning Enforcement ~- 175 Hearing Officer ~ Referral Fees: 210 Airpo~ LUCOl County Clerk 211 County Engineer 194 Environmental Healih 2pg Historic 198 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 130 Reinspection 151 Aspen Sanitation 152 AVFD Fire Marshal lr~g 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 81202 Road Impact Fee B1203 School Impact Fee S (~ v TOTAL ADDRESS/ CHECK# CASE/P