HomeMy WebLinkAboutpitkin.boa.06.02
RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADNSTMENT
GRANTING FRONT AND SIDE YARD SETBACK VARIANCES
FOR LOT 17, MOUNTAIN VALLEY SUBDIVISION
Resolution No. 02-2006
WHEREAS, Brooke and Robert Kolaz, owners of 116 West Lupine Drive, are requesting a 30 foot
Front yazd setback variance and a 3 foot north side yazd setback variance for the construction of a
garage addition; and
WHEREAS, 30 feet and 10 feet respectively are required on this 15,378 square foot lot in the
R-15-A zone district; and
WHEREAS, the parcel is described as Lot 17, Mountain Valley Subdivision; and
WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by
virtue of Title II, Section 7-10.30, Pitkin County Code (Land Use Code) and Colorado Revised
Statutes, 1973, 30-28-118(2) (C); and,
WHEREAS, based on the evidence presented, the Boazd 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 welfare and will not
substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment, that a 30 foot front yazd
setback variance, and a 3 foot north side yazd setback variance be granted for the construction of a
garage 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: March 07, 2006
The Board of Adjustment of
Pitkin County, Colorado
ATTEST:
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Joanna . S haffne da
County Zoning Officer
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11/10/200fi 12:05
MINUTES
Meeting of the
Pitkin County Board of Adjustment
March 07, 2006
Members Present: Rick Head, Co-Chair Jim Rifkin, Co-Chair
Michael Cooper Pat McAllister
Members Absent: Bob Throm, Isabel Day
Staff Present: Joanna Schaffner, Zoning Officer and acting secretary
Rifkin opened the meeting at 5:37pm. McAllister admitted having represented Heidi Hoffman in
unrelated legal matters. The applicant and Board had no objection to McAllister voting on this
case.
Case # 02-2006
Kolar, Brooke and Robert
Lot 17, Mountain Valley Subdivision
Aka 116 East Lupine Drive, Aspen
Architect Heidi Hoffmann, attorney Toe Krabacher, and owner Brooke Kolar, were present to
request a 30 foot Front yard setback variance where 30 feet is required and a 3 foot north Side
yazd setback variance where 10 feet is required on this 15,378 square foot lot in the R-IS-A zone
district for the construction of a gauge.
The Affidavit of Posting was submitted. Richazd Haberman was present representing the
Mountain Valley Architectural Committee. Letters of support were submitted from neighbors,
Thomas Duesterberg, and Mazgazet Manges. Hoffmann stated that attempts were made to reach
all the neighbors by phone, but that some were out of town.
Schaffner identified the location of the site on the subdivision plat and explained the request to
the Boazd, referring to a site plan indicating the proposed structure and setback requirements.
The proposed 640 sq ft garage is 29' x 23'. A three foot overhang is the only encroachment into
the side yazd setback, but the garage lies entirely within the front yard setback. Photos of the
subject site were distributed to the Board.
Head stated that the Boazd is charged with granting the minimum variance necessary, and that he
doesn't understand why the overhang can't be removed from the side yazd setback. He asked
why the garage doesn't line up with the house along that setback, and why doesn't the whole
garage move toward the south. The slopes to the south don't appeaz to be so prohibitive as to
warrant a topographic hazdship. Head asked what was the hazdship.
Hoffmann stated that grades between 30% and 45% exist, plus existing mature trees that the
applicant is hoping to save.
McAllister suggested that perhaps safety is a hardship in this case, since the garage would
eliminate walking on the snow and ice by providing direct access into the house.
Cooper noted that the neighbor most impacted by the variance request is silent on the matter, and
asked Krabacher what public impact would result from granting the variance. Krabacher
000004
indicated the paved roadway in addition to the unimproved right-of--way that sepazates the lot
line from the roadway. The lot line is approximately 22 feet from the roadway. He believes that
"practical difficulties" exist to relocating the gazage; warranting a variance.
Haberman discouraged granting a variance for a zero setback, and stated that the preferred
location would be to the south of the house, where a variance wouldn't be necessary. He noted
that if the garage is at the lot line, any parking in front of the gazage is in the right-of--way.
Discussion ensued about the location proposed by Haberman. Head maintained that no reason
exists to grant a variance other than convenience to the owner. Cooper suggested that in our
climate, the functional utility of a garage is cut in half if it's detached from the residence. Head
agreed philosophically, but countered that a garage is not a "right". Schaffner informed the
Board that the County Attorney has advised that hazdships go with the property, not with the
proposed stmcture.
Rifkin stated that a strong case has been made for a topographic hardship. "While there is an
alternative site for the garage, the lack of opposition and the demonstration of anon-measurable
hazdship justifies granting this variance:' McAllister agreed.
Haberman asked if the variance went with the lot or the structure. Schaffner explained that a
strncture approved in a setback can be replaced in the same location provided that there is no
increase in the massing or bulk of the portion of the stmcture located in the setback.
Cooper made a motion to approve the request as submitted due to topographic hazdships and
unusual, practical difficulties. Rifkin seconded the motion. The Board voted 3-1 in favor of the
request, with Head,opposed.
Minutes:
Rifkin moved to approve the Minutes from the October and November 2005 meetings. Head
seconded the motion and all were in favor. McAllister moved to approve the December 2005
Minutes and Cooper seconded the motion. All were in favor.
Election:
Board members were asked to choose a new Chair or Co-Chairs. Cooper stated that all members
should have an opportunity to be Chair. After discussion, Head agreed to remain Co-Chair for
another year and McAllister replaced Rifkin as Co-Chair. There was a question as to whether an
alternate could be Co-chair, but no one could think of a prohibitive reason.
There being no further business before the Boazd, the meeting was adjourned.
Respectfully submitted,
3
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anna S. Schaffner, Date
Zoning Officer
Approved:
y~y~ ~
atrick M Allister, Date
Co-Chair
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BoAZtD ola AD.nrsTn~rrT
Application Form
DATE' F_~ 3~ ZOOIo
REPRESENTATIVE B9GLt ~ Q 6L G( /~/~ PHONE QI Z S ' ~I92O
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MAILING ADDRESS
OWNER
MAILING ADDRESS
LEGAL DESCRIPTION ~Ot
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5UB7ECT PARCEL ADDRESS l /~O Wes- L.[Jp/1~M° ~{".. C
FARCEL ID # 2~3~1 ~'a~/~Q19 ZONE DISTRiCI' R~_
LOT SIZE ~S, 3?~ 5F f~~
STGNATC~7tE 1't~lG~c. ~Dh1Y~
(To be completed by the Zoning Department)
CASE # 'a~' Q
Requesting'
?C~ 'Front Yazd Setback Variance, where ~O ' is required.
'Rear Yard Setback Variance, where ' is required.
3 ' ~ Side Yazd Setback Variance, where ~' is required.
' _ Side Yard Setback Variance, where ~' is required.
' Haight V aziarLCe, where ~' is allowed
Comments:
Application filed v? G tJ
Refer to A P
Date of Meeting 3 ? 0 ~
Notices Mailed
Wt]N1e{Cu.~ev bmuvlltkie PI.enlnlplMnNu~dnie~pi~ W.Nplielx
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Zoning 0
Secretary
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H' Architects
Heidi H. Hoffmann, AIA
504 Midland Park PI.
Aspen, CO 8161 I
970/925-9420
Fax 970/925-4671
hhharch@rof.net
February 6, 4006
Pitkin County Community Development Department
130 S. Galena
Aspen, CO s1611
RE: Lot 17, Mountain Valley Subdivision, 116 W. Lupine Dr. -
Board of Adjustment Application for a Setback Variance
To Whom It May Concern
The applicant and owners of the above-referenced property are asking for a zero front yard setback
requirement where 30'-0" is required and a 7'-0" north side yard setback where 10'-0" is required in order
to build atwo-car garage that would be attached to the existing house at the east end adjacent to W.
Lupine Dr. The owners, Robert and Brooke Kolar, are in their 60's and desirous of an "accessible" entry
from their car park. Please find attached the application, fee and supporting documents.
The residence was built in 1965-69 with later remodels at the west elevation. The east end of the
house currently sits within this front yard setback. The site includes extensive, mature landscaping with
two sets of stairs and walkways to the front entry from two different paved pazking areas. During the
winter, the applicant finds it necessary to negotiate the ice and snow on the lower set of stairs and walkway
at the lower parking area. This paved parking area straddles the property line and the street right of way.
The overall steepness of the subdivision actually prevents many of the lots from having driveway
access onto the property, so consequently several homes do not have garages. Bringing a driveway onto
the lot and building a garage in the south front yard area would require the removal of many mature
evergreen and deciduous trees along the W. Lupine Dr. property line as well as in the front yard. The steep
grade access from the street may not even allow aproperly-designed driveway. (Please see the
accompanying topographic survey with slope legend.) The proposed location of the garage is in the most
easily accessible location from the street and allows direct and safe access into the house without
destroying so many trees. The applicant is aware that several other homeowners have received such a
variance over the years, and that there is a general desire of the Mountain Valley Homeowner's Association
to keep parked cars offsubdivision streets.
Thank you for your consideration in this submittal for a variance in requesting relief from the front
yard and north side yard setback requirement.
Very truly yours,
Heidi H. Hoffmann AIA
Attachments
OOUOG7
PUBLIC NOTICE
RE: Front and Side Yard Setback Variances for
Lot 17, Mountain Valley Subdivision
(Case 02-2006)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 7, 2006,
to begin at Si30pm, or as soon thereafter as the conduct ofbusiness 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 Brooke and Robert
Kolar of 116 West Lupine Drive in Aspen, requesting a 30 foot Front Yazd setback variance
where 30 feet is required, and a 3 foot North Side Yazd setback variance where 10 feet is
required on this 15,378 squaze foot lot in the R-15-A zone district to construct a gazage. The
State Pazcel Identification Number for this property is 2737-172-07-019.
For further information contact Joanna Schaffner at the Pitkin Community Development
Department, (970) 920-5105.
Pitkin County Board of Adjustment
Published in The Aspen Times Weekly on February 26, 2006
Pitkin County Account No. 002.02
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To Whom It May Concern:
I have no objection to the proposed variance to construct a garage at 116 W. Lupine
Drive in Mountain Valley.
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ROBERT D. and BROOKE S. KOLAR
116 WEST LUPINE DRIVE
ASPEN, COLORADO 81611
February 3, 2006
Pitkin County Community Development Center
130 S. Galena
Aspen, Colorado 81611
Re: Lot 17, Mountain Valley Subdivision, c/k/a/ 116 W. Lupine Drive
Board of Adjustment Application for a Setback Variance
To Whom It May Concern:
The undersigned are the owners of 100% of the above referenced property. By this letter
we are authorizing Heidi H. HoffinarnlAIA to make application in our name and on our
behalf for a setback vaziance for this property.
We are attaching a copy of the current Pitkin County Tax Notice sent to us to evidence
our ownership interest in this property.
Very truly yours,
Robert . Kol~~~~
Brooke S. Kolar
~ ~~
RDK/s
Attachment as noted
000015
PITKIN COUNTYT~C NOTICE
Far 2005 taxes due in O6
• PITKIN COUNTY TREASURER
506 E. MAIN ST., SUITE 201
ASPEN COLORADO 81611.1993
PHONE ~! (9701920.5170 FAX x r9om o~n
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a www. Itklnaaeesaor.or
SUB:MOUNTAIN VALLEY BLK;1 LOT:17 BK;0395
ASPEN FIRE PROTECTION
0
878 a
. $8
PG:0496
ASPEN SANITATION DISTRICT 0.223 $2
ASPEN SCHOOL DISTRICT 10
458 $1
04
. ,
C
OLORADO MiN COLLEGE 3.997 $40
COLORADO RIVER WATER CONS 0
253 - 0
023
. . $2
z'-w r., f ~ ,;~ ~"'„~ ~~ ~ ~, , ~ t, '~~~. ASPEN VALLEY HOSPITAL 1.500 $15
' ~` „•y~ ~ " Y.. ASPEN AMBULANCE DISTRICT 0.278 - 0.057 $2
.,,~
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~ RICT
PIT
T 1 $
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L KIN COUNTY
LIBAAAY .690 - 0.333 $
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~ PITKIN COUNTY 3.988 - 0.865 $31
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,, ~ H, ~. ~.. ~.... ~ HUMAN SVC & OTHER GRANTS 0.503 • 0.019 $4.
.
. OPEN SPACE & TRAILS 3.764 $371
a
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LAND 950000 75620
BUILDING 3076DD 24460
SEWER CHG/CITY LIEN/SPECIAL IMPR $I
PERSONAL PROPERTY 0 0
SENIOR HOMESTEAD
EXEMPTION • A mill levy Is the tax rate per $1,000 of assessed v aluetlon.
NET TOTAL 1257600 100100 Without state legislative fundin yOUf aC1100I
mill levy would have been 1 .4 0 NET MILL LEW
26.795 FULL TAX
$2, 66;
TAX DISTRICT SCHEDULE NUMBER TYPE OF PROPERTY
055 A006186 REAL a
IS YOUR ADDRESS CORRECT?
Please check the box on the coupon for change of address.
KOLAR ROBERT D & BROOKE S
370 MAPLE ROW
NORTHFIELD, IL 60093.1036
_; ,: , ~~~,~:; $1,34
~. x, , , ,_ ,,~I Llnll: i~ $1,34
OR
• , $2,68
Make checks payable to: PITKIN COUNTY TREAS
Post-dated checks are not accepted.
If your real (not personal) property taxes will be paid t
mortgage company, please do not duplicate paymel
If you have sold this property, please forward this slat
to the new owner or return it to this office marked "pr
sold" (and include the name and address of the new
if known).
PLEASE SEE REVERSE SIDE OF THIS /~ ~/ ~+ RETAIN TOP PORTION FOR YOUR RECC
FORM FOR ADDITIONAL INFORMATION. TAX NOTICE
OJ0016
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KOLAR ROBERT D & BROOKE S
370 MAPLE ROW
NORTHFIELD, IL 60093
MACDERMOTT MICHAEL P &
KRISTIN B
0153 WEST LUPINE DRIVE
ASPEN, CO 81611
FREUND MICHAEL & ROYLE /
REV TRST
51 ROARING FORK DR
ASPEN, CO 81611
MANGES MARGARET A
PO BOX 5063
ASPEN, CO 81612
39 34 LLC /
214 E BLEEKER
ASPEN, CO 81611
WILLIAMS DEXTER M ~/
82 W LUPINE DR
ASPEN, CO 81611
SEGHATOLESLAMI AMIR /
PO BOX 10532
ASPEN, CO 81612
DUESTERBERG THOMAS J 50% ~
93 ROARING FORK DR
ASPEN, CO 81611
OOOU]~9
Joanna Schaffner
From: Heidi H. Hoffmann [hhharch@rof.net]
Sent: Tuesday, February 14, 2006 11:24 AM
To: Joanna Schaffner
Subject: 116 W. Lupine
Joanna:
Since I have not heard back from Tom Duesterberg (the neighbor
called the Assessor's office. John said that the person named
notice. He said this is often the case when there are several
property. So I am sure this has happened before, and it would
the person listed to inform the other owners of this noticing.
this public notice.
Thank you,
Heidi
Heidi H. Hoffmann AIA
H3 Architects
509 Midland Pk. P1.
Aspen, CO 81611
970 925 9920
hhharch@rof.net
with 50~ after his name), I
is the one who gets the tax
owners for a piece of
be the responsibility of
Hope this will suffice for
o~VO'.G~
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Mountain Valley Homeowners Association
FROM: Joanna Schaffner, Community Development Department
Re: Kolar, Front and Side Yard Setbacks
(PID 2737-172-07-019, Case P02-2006)
DATE: February 16, 2006
Attached for your review and comments are materials for an application submitted by
Brooke and Robert Kolar. The Pitkin County Board of Adjustments will review the
application at a public hearing on Tuesday, March 7, 2006.
Please return your comments to me by Friday, February 24, 2006.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
~~~U~1
PUBLIC NOTICE
RE: Front and Side Yard Setback Variances for
Lot 17, Mountain Valley Subdivision
(Case 02-2006)
NOTICE IS HEREBY GIVEN that a public hearing will beheld on Tuesday, Mazch 7, 2006,
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 Brooke and Robert
Kolaz of 116 West Lupine Drive in Aspen, requesting a 30 foot Front Yazd setback variance
where 30 feet is required, and a 3 foot North Side Yazd setback variance where 10 feet is
required on this 15,378 squaze foot lot in the R-15-A zone district to construct a garage. The
State Parcel Identification Number for this property is 2737-172-07-019.
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 February 26, 2006
Pitkin County Account No. 002.02
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co~nt,• efPStrcin } nrrlvAVm or 1roT1cE sv leosrrvc
} ss. OF A VARIANCE IdEAItING $EFORE
State of Gnlorado } TIIE PITKIN COUNTY BOARA OF AbJTISTb9ENT
The undersigned; being fast duly sw•om, deposes and says as follows:
1, ~~ifG~-L ~ • ~F-Iti1/tLC l~t!'L ,being or representing an Applicant
before the piticin Cezmty $vaid of Adjustment, pezsonatly certify that tlxe attached photograph
fairly and accu:ate.y represents the sign posted as Notice of tl:e vaziance hearing ou this matter in a
conspicuous place on the subject property (as at could be seen Iran l}rc neared public way) and teat
the said -s-ilgn was posted and visible continuously fromthe -~ day of r~., 200_p(
to the I dap o£ ~~l , 20~ (Must be posted for at least nine"(~9`) `f"u"lI~`d~a'}-s
before the hearing date).
_~~• ~ ~
Applicant's Signatse
Subscribed d ,~vom to befo e me tls
day of ~ ,/LC,B/ 2(~~by.~ ~ ~{1/I.~K/
(Attacl: photograph here)
$RING TI3-[S FORM TO
TkIE MEETING ~" WITNESS Mk' H.4Np AND OFI'ICIAL SEAL.
AIy Commission expires: ~Z' ~i 5
MAR10N GARDNER
NOTARY PUBLIC
State Of COIOIY~to
My Commission Expires 12-23-2007
~ ~ J
Notary Pu lies Signature
S~~ ~ ~ ~ ~ ~
Address ~~iJ v ~ ,
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526
Pitkin County
Land Use: 5/ ~ .
172 Board of Adjustment (p
159 County Land Use Code
174 Flat Fee
162 Zoning and Sign
169 Public Notice
160 Planning Enforcement ._
175 Hearing Officer -
Referral Fees:
210 Airport
LUCOl County Clerk
211 County Engineer
194 Environmental Health
2pg Historic
198 Housing
190 Land Management
209 Redstone HPC -
206 Wildlife Officer
Building Fees:
170 Board of Appeals
105 Building Permit
120 Electrical Permit
195 Energy Code Review
115 Mechanical Permit
150 Plan Check
110 Plumbing Permit
130 Reinspection
152 AVFD Fire Marshal
158 BFD Fire Marshal
Other Fees:
155 Use Tax
165 Copy -
PZ005 Master Plan Copy
185 Park Dedication
186 Parking Cash in Lieu
IS GIS Requirements ..
161 Housing Impact Fee
B1202 Road Impact Fee n
B1203 School Impact Fee U
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