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Home My WebLink Aboutpitkin.boa.06.05RESOLUTION OF THE PITKIN COUNTY, COLORADO BOARD OF ADNSTMENT GRANTING A REAR YARD SETBACK VARIANCE FOR 321 SOPRIS CREEK ROAD Resolution No. OS-2006 WHEREAS, Jane Smith, owner of 321 Sopris Creek Road, Basalt, is requesting a 12.5 foot Reaz Yard setback variance to allow a bam constructed without a permit to remain; and WI~REAS, 30 feet is required on this 3.71 acre parcel in the AFR-10 zone district; and WHEREAS, the parcel is legally described in Exhibit "A"; and WHEREAS, the Boazd of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, Section 7-10.30, Pitkin County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-28-118(2) (C); and, WHEREAS, based on the evidence presented, the 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 hazdship 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 I1' RESOLVED by the Board of Adjustment, that a 12.5 foot Reaz Yard Setback V ariance be granted to allow the barn shown on Exhibits B and C to be permitted, due to peculiaz and practical difficulties. 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: Apri104, 2006 ATTEST: c.1.2 lo~(u U(c anna S. ~ ch er, date County Zoning Officer Pazcel ID# 2465-132-00-016 The Boazd of Adjustment of Pitkin County, Colorado IE7-~o_O(o Ric ead, date Chairperson IiillliVIIIIIIIIIIIIIilillllllllllllllllllVIIIIIIIIIII 0298006 04:17 0.00 D 0.00 000001 r~'31 I~IIWIWINYVII!gYWII~~IV~;, 529842 Page: 2 of 4 10/13/2006 04:17 D 0.00 I~'III~~~I~~~~'Ilt~ltl~N~~~~(~r~'I'II~1~~~~~~ 5g 285 4 COUNTY CO ~~~~~~ 07/25/2005 O4:0OP R 0.00 D 0,00 LEGAL Dl SC.RIPT~ON Thor port of Lor 10 (being part of Tract 67) and o~.f Lor 9 (6e in.g part of Tract 681 to Settiott 73. To~rn.thip 8 Sonxh. Rouge '87 West od the 6th Principol Ateridion, Pitkin Courtly. Colorodo, hying vesterly of the County Rood and northerly of a liggne d~eseribe~d as follort: g9 54816nfeetDrt he nae nN 70836eEAIOO of.eetntoN~heBCovntytRood~cond7o b~s orlyS try B"23'E Ea nterlyy o{ o line described as fal lotis: 8eyinning Ot a point Thence Amgle Paint No. 8 oT said Troct 67 beors 5 08°25'E 5-05.6 feet: thence N IS°47'W 301.32 leer thence N 24°47'W 365.3 feet: thenc-e N 08. 08'W 173.56 feet to ~:he North line o! Lot 10 in said Section 13, Laid fr.ocr h~eing 6-ound'ex! on the Nor Yh by said North line of said Lot 10 extended Pram void poini eoa Terly to inrersert the County Rood right-of--Toy. ~:Q. '#~" .2 x{65-- / ~ ~.:~~~....,,. 000002 ~ ~ ~~ a S ,~ • ~ 1: E~ 0 ~ V( T y ( / ~ 1~ ~ F H ` ~' ~ ~ u ~ d a : o g- 7 . '"' ^_ _ x L ~ l O Q ~' a O a J O ~ xr o 1 e ~ ~ ~ , t a : ~~ ~' t (~"s1" ~, a O "" ~' ~ U z a ~ w a m I ., w I ~ ~ ~ ~ {^'~ A 'I , a ~ i p d+ i ry ~. ~ .. (,: ( ' ~ tt'O'. "7. "h a r zr~' "~ S' '~ w 4 v "!'~ g ~ 1. ~ ~" ~ ~ ~ ~ o ~ ~ h C~ ~ . " ~ -. s Y z F z. a 3 5 .i p -~ y Ee' ;~I?2 t { ji ~ Si3~ vEI2'~ y II g_N `~ __. F 1 H __J H HJ I d " ~ i s~.~ .!, ., ~~ X,P. r'/ . I III II II II VIII III IIII IIIIIIINIIIIIN I VIII IIII IIIIO 10/ 95006 04:17 000003 ~A i~ P o 0.00 ~~I~;bi~y5 00000~~ IIII II III III I III III VIII II VIII I I III 09 13 /82006 04:17 .1RNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 i ~~,b~f ~ 1 _ - • • MINUTES April 4, 2006 Pitkin County Board of Adjustment Present: Mike Cooper Rick Head, Co-Chair Patrick McAllister Absent: Jim Rifkin, Co-Chair Isabel Day Bob Throm Staff: Joanna Schaffner, Zoninq Officer Head opened the meeting at 5:34pm. 01-2006 Beaver Run Ranch c/o Floyd Watkins 6090 Woody Creek Road Representing the applicant, attorney, Dave Mylar presented the application requesting a 50 foot Side Yard Setback variance where 50 feet is required on this 45 acre parcel in the RS-20 zone district to permit an existing gazebo constructed without a permit. The affidavit of posting was presented. Head asked Mylar why this application is being heard when the structure encroaches onto adjacent Forest Service land without authorization from the Forest Service. Mylar acknowledged that the structure was constructed without a permit and that a portion of the gazebo encroaches onto Forest Service lands. The applicant believed that no permit was necessary to construct a gazebo. An application to the USFS has been filed with the USFS under the small tracts act which allows the Federal government to sell lands, and to exchange or modify boundaries. The application may take up to two years to be decided. If approved, the lot line will be adjusted to eliminate the encroachment. If the application is not denied, the encroaching portion of the structure will be removed. Mylar presented plans of the 500 sf gazebo and a detached bar and showed how 2.5 feet of the structure encroaches across the ooouo5 lot line. He again stated that the applicant is willing to remove the portion of the structure located on USFS lands if the Board requires him to do so. He also stated that the structure is not visible from the County road. My1ar reviewed the landscape plan for the area, and explained how the landscaping was intended as restoration of the previous dumpsite. He pointed out the detached bar, tepee, chuck wagon and other features. Mylar gave a brief history of enforcement actions undertaken by the County since the 1990's against the property, and explained how this application resolves a part of those issues. Head asked that if the variance were granted conditioned on removal of the structure in two years if the application before the USFS is denied, how will the County know to follow-up in two years. Schaffner suggested that the Board not grant a conditional approval. The County can impose its own conditions if it chooses, and they will probably not want to wait another two years to finally resolve this issue. Cooper stressed that, as shown in the past, the Board does not have the ability to enforce any kind of follow-up. He cited irrigation as an example. Mylar presented to the Board affidavits from James G. Pratt and Dale Dillingham. Pratt testified that he lived on the ranch with his family from 1950-1970, and that the boundary line was determined between his father and a representative from the USFS back in 1969 when they wished to erect a fence along the lot line. Dillingham testified that he was hired by Mr. Floyd Watkins to clean up the old dump site that was previously located in this area, and to prepare it to be landscaped. According to the affidavit, Mr. Watkins believed that the fence erected in 1964 was located along the lot line, and that this was confirmed by the realtor Terry Liming (Ute City Realty) and a survey. Mr. Dillingham was present to answer any questions. Mylar stated that there was no survey done at the time Mr. Watkins purchased the ranch. He relied upon statements made by these people at the time. Head asked if there were any objections to the request. Schaffner replied no. Head asked the Board if they wished to conduct a site visit? The Board replied no. He then asked if the monuments used were the historic monuments for the site? Yes. Head stated that the affidavits were persuasive, but asked what hardship was being claimed? ~~~~~6 Cooper acknowledged that there was no visible impact from the road, however, expressed concern that public lands were impacted. He informed Mylar that three affirmative votes were necessary for the variance to be granted. The applicant may wish table the application until the next month when more Board members can be available. He asked if there would be a hardship if the applicant waited another month. Mylar stated that an Earthmoving permit for an irrigation pond was being held up until this violation has been resolved. The pond will augment the irrigation needs of the property. McAllister stated that he was not interested in the encroachment onto the USFS parcel, only the subject site. He felt that the Board had no say about what was happening on the Forest Service property. He said that it made no sense to him to remove the structure and to replace it elsewhere. This violation has been in the process too long. The hardship, he suggested, is peculiar, practical difficulties and undue hardships. Head made a motion to table the application until next month. McAllister seconded the motion. Mylar asked what might be different next month? Cooper was concerned with setting precedent, legal issues surrounding the Forest Service encroachment, and the inability to effect enforcement after the fact. My1ar again stated their willingness to remove the offending encroachment within 35-40 days or as soon as the snow is gone. The storage area can be added back on once the lot line is adjusted. The Board agreed that .was senseless. Schaffner stated that the County will require removal of the structure on USFS land even if the Board grants the variance. Head rescinded the motion. Cooper made a motion to approve the application based on peculiar and unusual difficulties. McAllister seconded the motion. The variance was granted by a vote of 3-0. 03-2006 Montgomery, Catherine Lots 21, 22, and 23 Crystal River Park Subdivision Aka 200 Crystal Park Drive DU~~Q~ Architect, Nancy Smith was present representing the applicant in a request for a 72 foot Major Road setback variance where 100 feet is required from the Highway 133 right-of-way for the construction of a new single-family residence. The Affidavit of Posting was presented. the public to comment on this case. Smith explained that the subdivision was The previous lot owner had merged three received a variance in 1998 to place the the three lots. The new owner wishes to house. She showed the Board a site plan She stated that CDOT had no objection to There was no one from platted in the 1960's. lots together and house in the middle of relocate the proposed and photos of the site. this request. McAllister noted that without a variance the applicant would be unable to build? He made a motion to approve the request based on downzoning. Head seconded the motion. The variance was granted based on a vote of 3-0. 04-2006 Terman, William J. 229 Wrights Road Aspen, CO Attorney, Rick Neiley and architect, Jack Miller were present representing the owner in a request for a 27 foot rear yard setback variance where 30 feet is required and a 12 foot side yard setback variance where 15 feet is required on this 33,312 sf lot in the R-30 zone district for the construction of a new single-family residence. The Affidavit of Posting was presented. No one from the public was present to comment on this application. Neiley stated how the existing residence will be removed. A recorded 1041 site plan was presented. The site is encumbered with slopes in excess of 450. He briefly explained various boundary and title issues with the site. Access to the site is from an easement off of Wrights Road. He argued that meeting the required setback would result in pushing the house to the rear of the approved building envelope which is already restricted due to the slope. Cooper stated that this request has no (negative) public impacts. ~~~~~~ McAllister made a motion to approve the topographic hardships. Cooper seconded variance was granted by a vote of 3-0. request based on the motion and the Basalt, CO Applicant, Jane Smith and her representative, Steve Atchison were present requesting a 12.5 foot rear yard setback variance where 30 is required on this 3.72 acre parcel in the AFR-10 zone district to allow a barn constructed without a permit to remain. 05-2006 Smith, Jane 321 Sopris Creek Road The Affidavit of Posting was presented. There were no members of the public to comment on this case. McAllister disclosed for the record that a possible conflict of interest might exist, but once the issue was explained, the Board found no conflict. The applicant submitted letters supporting her request from Michael Ernemann, Dick Bird, Jan and Terry Haugen and the Emma caucus. Smith explained that the barn was constructed in 1988 and was cited in 1990 for having been constructed without a building permit. She bought the property in 2004. When she tried to apply for a building permit in April, she was informed of an illegal structure on the site. The "barn" also contains an illegal caretaker dwelling unit. She presented pictures of the structure. Head asked if anyone could suggest a hardship? McAllister made a motion to approve the request based on peculiar, practical difficulties. Cooper seconded the motion. The variance was granted by a vote of 3-0. Schaffner reminded the Board of case OB-2005, where the applicant requested a side yard setback variance to construct a garage into the side yard setback. Resolution 08-2005 approved Administrative Approval Bishop, Archer Lot 2, Aspen Gol£ Course Properties AKA 3960 Highway 82 O~~~og a 10 foot side yard setback variance where 20 feet is required due to downzoning. She presented the site plan. The garage is presently under construction. The owner now wishes to extend a deck already in the setback. The deck is located off the second story on the west side of the existing residence. Schaffner reviewed the plans with the Board. Because the hardship remains the same, Schaffner asked the Board if they are inclined to administratively approve the deck encroachment or if they would like to see a new application. Schaffner cautioned the Board that the Land Use Code does not allow for ~~Administrative" approvals. Does the Board believe this request is significant enough to warrant a new application? The applicant understands that you may believe the request is different enough to warrant a new application. Head stated that the garage had more impact than this deck. He made a motion to approve the deck administratively because of the same hardship. Cooper seconded the motion. The variance was granted by a vote of 3-0. McAllister made a motion to app 2, 2006 meeting. Head seconded approved by a vote of 3-0. The Respectfully submitted, (I-o ~-oC~ anna S haf r Date oning Officer rove the minutes from the March the motion. The minutes were meeting was adjourned. e , 1-~-~ is Head, Date Co-Chair OOOOj.~I DATE ~~-.200 PITKIN COUNTY BOARD OF ADNSTNIENT Application Form REPRESENTATIVE S]~LL~ /g~L./yiSU~t/ PHONE.~7~/-,~y.~9 E-MAIL FAX ~~ ^,~'7 y 9 MAILINGADDRESS //S ~i9n/O/~A/yi~ ~/~cff- /3ai//JAc~`~ CU ~~6~ OWNER .TANS .S/s'l /T1~/ PHONE SQS 9~SS' `~`/~ MAILING ADDRESS .~,Z/ ,SD/J,/~/S' CRL`~7<RD. ,~ .S/~-LT C~ LEG.SL DESCRIPTION SUB7ECTPARCEL ADDRESS ~Z / Sdp/~lS C~~X ~d F1/4Si9~T LfJ PARCEL ID # ,,,2 y6SI ~,~Q G2'~ /6 ZONE DISTRICT A-~R-I 0 LOT SIZE ,j . 7 ~ ~Jc, SIGNATURE (To be completed by the Zoning Department) CASE # 05' 2.Oo(n Requesting: ' Front Yazd Setback Variance, where ' is required. c~ .s, 'Rear Yard Setback Variance, where 3~ ' is required. _ Side Yazd Setback Variance, where _' is required. _ Side Yard Setback Variance, where _' is required. Height V ariance, where _' is allowed Comments: Application filed 3 • ~ ~ O (, Refer to Date of Meeting tf ' ~ • 0 Co Notices Mailed OOOOiI Zoning Official Secretary~0.~-+.n. I ~ ~ Nltl@G:\Com Dev Form[\Pihm Pl,nnmglpihin\boaWmin\p~~ bmlappf [.dm SECTION 7-10-030: PITKIN COUNTY BOARD OF ADJUSTMENT A. Establishment: There is hereby established the Pitkin County Board of Adjustment. 1. The Board of Adjustment shall be composed of five members. 2. The term of each member shall be two years. The Board of County Commissioners shall establish staggered terms for the members. 3. The Board of County Commissioners may in its discretion appoint up to five alternate Board of Adjustment members. 4. Any member of the Boazd of Adjustment may be removed for cause by the Boazd of County Commissioners. 5. Vacancies on the Board of Adjustment shall be filled by the appointment of an alternate member who shall have served a minimum of one year prior to appointment as a regular member. • If there is no such alternate member, the Board of County Commissioners shall appoint other alternate members, as necessary. If there are no available alternate members, vacancies may be filled by the Board of County Commissioners in the same manner as original appointments. 6. In the event that any regular member is temporarily unable to act owing to absence, illness, conflict of interest, or other cause, such position shall be filled during such temporary disability by an alternate member in accordance with the by-laws, if applicable, or by order of the chairperson. B. Organization: The Board of Adjustment may adopt by-laws establishing its organization and procedures. A copy of such by-laws shall be available in the Pitkin County Planning Office. The Board of Adjustment shall elect a chairperson from its members to serve a one year term. C. Powers and Duties 1. Meetings of the Board of Adjustment shall be held at the call of the chairperson and at such other times as the Board of Adjustment in its rules or by-laws may specify. The chairperson or acting chairperson may administer oaths and compel the attendance of witnesses by application to the district court. The court, upon proper showing may issue subpoenas and enforce obedience by contempt proceedings. All meetings of the board shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment and shall be a public record. QO~U~.~ ~' o ~' O ' ', ~ O ~~ H-' GJ r V I \\. SOPRlS CNN.'F'!C /t0a0 ~ ~ i a ~gI r a ~{ 10 W '~' ~o ~ N ' I ~~~ _~ ' ~ w R '. , i,'~ 1 ~' k '~! j r i i ~ ~ ' ~ n ~+ I. ,~ ' ~ I ,. ~ ~F ~ ~r ;J rn ~A__ N ,., r .. ~ r^' ~~w 2 a: ,~ - .. uo ~ ~ ~~ C 4' o k .r ~ ~ °~i ~:~ N 9 YY o o ~..~ C~ :~ ~_A /V ~~~ ~J -1 `l~ ~' 1 U) 1 ~.. ~`~ ,3 ~~ l' .-. 1 ~, n O ~~~ r_, ,~ F-y r 1 ~ ,, C') ~~~ Q c~ <~ r o~ ~ ~ d `~~ o '_~ ,, ~~ ~~ :, r ~i M n 9 / v r d df :~ m° ~ y,. E C ~~~ :a g m (] ~ ro , w .~ ': y 4 t1 ro Y ~ 3 ~ p (1~ Iil • rv'b~ 4J Rr VD,:AI: ..h,r qy Tit?It ZLT3JC?"°I~Y)O r..l Jane Smith 524 Johnson i..ane Santa Fe, N.4t. R7505 505-9R8.4488 5115-988-4885 Fax 505-660-7221 Cell lYiarch 5, 2005 MEMO ta: Pitkin County Bniiding Department FROM: Jane Smith REASOPi: Applying for barn variance I purchased 327 5opris Croelt Road, t3tsait, CoMrado, 81621 in September 2504 which iadaded a bonne, a Morten burr, and caretaker dwtiling nnN. I wit to the Pitkin County snildiug Department in April, 2085 to apply for r baikHug permit anti was tah3 the Morten barn was net built witk a 38 foot setback but was bailt 12.5 feet into the required 39 fat. I bad no idea o[ dk sitratlor tad was eot told thin by former owner, or real estate broker, or lawyer aced for parrehase. I sm now applying ter t variance ds keep the Morten barn wbkh by yore iatormation fro®tbe bidlding department was belle by previous owners some time is 1988. [ am asking you to plane give me this variaree since it weuW be a terrlbk hardship personalty s web financit/y not to reccfire this. l had nothing to de with tYe situatkn and was an tanoeert buyer with ibe best intentions is purchasing. Sincerely, ¢~~~„ '/~ . J Suith ~~DUIGi 000015 „< '. z r, i. ~~ n, ~~ v n rn N (fl tJ O O O 61 ODO'~~ ~ ~ _ ~ O3 O .:.~ ~ ~ O fD (!3 I~ ~ , C + ~! 512805 ~~~ -~ ~ -- ~~` #~~~ e7zsiz®es ea:eeo !-J SILVIP DR4 ~PITKIN COIRlTY CO R e.00 D 8.0@ '~i i y~~ _ ~ r; «. ,,; ~ISTRATIVE DECISION OF THE COMhIUN17y DEVELOPMENT` DIRECTOR OF I'ITKIN COUNTY, COLORADO, APPROVING THE JANE W. SMIT$ LIVING TRUST 1041 HAZARD REVIEW AND SPECIAL REVIEW FOR A CARETAKER DWELLING 1JNI'I' Administrative Derision No.(p1.2095 1TALS l . Jane W. Smith Living Trust ("Applicant°°) has applied to the Pitkin County Community Development Director ("Dirertor'") for 1041 ftazard Review attd Special Review approval to establish a buildutg envelope and legalize a Cazet~er Dwelling Unit (GDLl). __,_ .. ~. Titcpasl istocated at 0329'E~ipr3s Cree~•R~Q;`al3d is~'iifitii"8'.specificaiiy described ira~F~dtibtt 1. The parcel is zoned AFR-] 0 and contains approxitrtateiy 3.72 eats. 4. The. Director-finds that the wildfire hazard within the envelope cyan lse mitigated, and that the envelopes are located on slopes of less than 30%. .THEEINRECTOR DOEl413EREBy APPROVE the Jatte-W. Smith Living Trust 1041 Hazard Review and Special Review for a CDU, subject to the following ce®ditials, which shall run with [he land and be binding on all successors in interest: 1. Pt~x to snbmission of an bttildi Y rtg,permit applications.for ttew development, the Applicant shall submit x.1041 Hazard Review Site Plat to the Community Development Department for approval and recording. The mylar copy of the site t be signed by ~e owttc prior to st$~itittal for recording, 2. Priorto ca~ntmencement of any earthmoving~Yt~`~nstsnCk(iiig atatirty~, the applicant shalt stake the corners of the building and ot(Ier envelopes and install Construction fencing around Nie imeter of the envelopes. The fencing shall remain in place for the duration of the constrtt4tion. 3. Prior to issuance of any building permits for a new resid~ce, the Applicant al~Il: A. Complete a fireplacelwoodstove rcgistratiott form with theC `~evelr~tttetlt °'He partnselit, ifneees5aty. _ ~ _ ~* ~. ,.: ,.~:...v.~_.., B. Pay the eppiicabk road impact and affordable housing fees. 4. The Applicant shall compi~wiUt the followity~to mitigate impacts on wildlife: A. BDgs shall be leashed or kenneled. ~" B. Fencit outside of. tlae building envelope shall comply with the wildlife fencing standards in the Land Use Code. r C. Install and use an approved bear-proof trash eotetainer as required bj!;the County. D. Maintain native vegetation outside of the builditg envelope, E. Avoid fruit-bearing trees amd itt any landscaping. 5. 7th iicant shall Fywitli'ihe following landspiping and wildfire~fensible space mitigation -f OOOU17 '~ w, ra...... .; 1 SEP 9 7 2005 ' ' ~ (~~I ~~ ~~I ~I~ ~~~ ~~ ~II~! ~~ III IIII 5 g 28D5 e4.OeP • SILVIR D47V25 PITKIN COUNTY CO R 0.00 D 0.00 Administratire Decision No. ~-2005 Page 2 A. Vegetation shall be reduced to break up the vertical and horiwntal continuity of the fuels a minimum of a 30 foot perimeter around all structures. B. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. C. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of ] 0 feet above the ground and ladder fuels from around trees and brush shall be removed. D. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. E. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. F. Low vegetation (less than 6 inches in height) shall be maintained within a 10 foot perimeter azound all structures. G. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 6. The Applicant shall comply with the following additional wildfire mitigation standards: ~`~~ A' defined in the F~- Internaticmal Building Code (IBC} Section 1505.2. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof desigf>s shall facilitate the natural process of clearing roof debris. Protrasions above the roofline, such as parapets, shall be prohibited. 4} Roofs shall be installed as required by the adopted building code and shall'have s minimum slope of I :48. 5} Alt roofdesigns, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. Pants shall be screened with contusive resistant wire mesh with mesh Y< inch maximum. C. Roofs and gutters shall be keptclear of debris. D. Yards shall be kept clear of all titter, slash, and flammable debris. E. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shall be kept cleaz of brush and debris. H. Wood fences shall not connect to the structure. 1. Fuel tanks shall be installed underground with an approved container. J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour firo- resistive construction on the exterior side of the wal Is. K. Each stnlcture shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessihlelocation. ooools i iIIIII IIII ~I~I 111111 IIIII III IIIli11111 ~181N1 a ~2~°5 04: ®®P SILVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 ,4dnainisrrueive t7ecisirnr No. (~-2005 Page 3 L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. M. New utility lines shall be buried within the driveway. 7. No development, including grading, excavation, fill placement, terming, landscaping, vegetation removal or disturbance or septic system shall occur outside of the approved building or access/landscaping envelopes. R. All areas disturbed by construction shall_be revegetated within one growing season of the projects completion. 9. The caretaker dwelling unit shall be limited to 1,000 net livable square feet and the kitchen shall contain a minimum of a two burner stove with oven, standard sink, and at least a 6 cubic foot refrigerator plus freezer. A minimum of one off-street pazking space shall be provided for the unit. l0. Prior to submission of any building permits for the caretaker unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. 1 l . Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office shall inspect the unit. 12. The Applicant shall obtain the required variance and building permit necessary to legalize the existing barn and Caretaker Dwelling Unit within 6 months of this approval. 13. The Caretaker Dwelling Unit (CDU) shall remain vacant until the proper permits have been obtained to legalize the existing CDU. 14. The Applicant shall adhere to all material representations made in the application and shall consider those rcpresentationsto be conditions of approval, unless amended by other conditions. 15. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on 2008. APPROVED by the Director, this~b.day of ~, 2005. Cindy Houben, Community Development Director P106-05 PID# 2 64 5 1 320001 6 ODUU19 The Ernemann Group Architects PU B~ ~x AGI v.' Aspen, rr,loradu fl 1 h 1 1 inta~te{7arnhder.I;.~ nni April 4, 2006 Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 Attn: Joanna Schaffner RE: Rear yard setback variance for 321 Sopris Creek Road (Emma) Case 05-2006 Dear Ms. Schaffner My wife and I own the property at 0363 Sopris Creek Road, which borders the above referenced property on its south and west property lines. As such, the requested set- back variance by Jane Smith to accommodate her existing horse barn is for an area immediately adjacent to our property. Although we would prefer that all property owners respect the setback limits as established in our zoning ordinances, we are familiar with the circumstances surrounding the placement of the existing barn in a position within such setback limits. As such, we support Ms. Smith's request for variance with respect to the existing barn and hope that you will recommend to the County Board of Adjustment that her application be approved. J. Ernemann, A.!.A. MJE:ft 000020 Page l of 3 Subj. Emma Caucus Mimrrtes Date: 6/912005 2:1408 PM Central Standard Time From: mdykann@roaringforklandco.corn To wilsonlcl_Cahotrnai.cam,ohnb@magpiefarm,net,vrbernsteini@bellsouth.net, t edererCgsgcapita,com, brnccfan5g@ao:.com. wnc1g56@ktc.cam, akoke@gma i,com, antonuhl@mac.com. billybarbaur@comcast,net, cenioffice@acl com, biilybart~ourfrilrcmcast net, thedivide@sopris.net, yoder@kemosabe.rom, tcardamone@aspennature,org, susantlraci.aspen.co.us. sswansan@rmi.org, stacy_pattersaneyahoo.com, sally~satyshiekman.com, saAyrusso22®hotmail.cam, ssllyv(_dtalcombgreen.cam, ryan@arslyn.rom, rob_liptonQhotmaiLaorn, rrusso@gibsonflynn.com, gcrongrd@ opris.net, michelecarda^rone@camcast.net, matyrase~a~rosepkg.com, dyk2nn@sopris net carasz(~rof.net. mwoods@gopris.net, rory@sopris.net. iconners@roaringforklandco.com, marinar~sopris.net, nversideservices@comcast.net, Jeanne@roaringfn, k,org, jcardamgne@mascnmarse.com, hark@sopris.net, jerryhauner32~c'hotmailcom. gmackey@sopris.net, csndre~,vs@gerashtnray.com, ;igpfabQsoprLS.net, awzabr@aol.com, Farrellann7@aol.com. crazy4hearts(dcomaast.net, pietrzak@rof.ret, christines.blish@accentare.com, xrbyandersan(a`,hotmaitcom, dickbird/C0@aol.com, cafeeney@northwestern.etlq, fineart(~sopris.net, misscobjayne@aai.com, ;imwells;~soprig,net, deeryinc@aol.com, ciasen@sopris net, dbk@okglaw.com, !indaloesrfien@ao! com, Jerome@creativeconsulting.~m, janesmith~td@6ol.com, drjaffrey(-daol.com, faillne@comcast.ne!, danshipplaw@comcast.net, ,wm@Ihegahrielfaundatian.arg, jwm@thagabrielfaundatian.org, ken±@aspenexpertscom, newman@sapris net, fjw~a ewayautcom, mcbrawn@sopris.ne`., 1beef@comcast.net, jolly anthes@wellsfargo.com, jwille(83aspenk12net. karenohlrich@wmcast.net, newman@sopnanet, tandyman@rof net, darylg@hasalbeal[y ccm EMMA CAUCUS P.O. sax 14U~ Basalt, CO 81621 (970) 92~-346? newrnan' ~sugri,,net RE: Eiti[MA CAUCUS meeting at the Basalt Tnv<~n Kall June 6, 2005 Auendees: George and Liz Newman, Lis Conners, Tish Bartlett, Steve Swanson, Daryl and Sandy Grosjear, Daml Woolley, Jim Cardamone, Willie Fender, Lee Sahwaller, Lucy Cerise, Linda Loeschen, Howard Gunther, David Pustolka Minutes from the April 5 meeting were approved. Lit Conners gave the Treasurer's report. She still needs a tax ID number before she can open a bank account for the Caucus, She also needs an invoice from David Kelly to reimburse him $50 for setting up the Caucus as anon-profit.. George Newman reported that the Schoolhouse has beenred-tatzged)ry tUe Cortmy until the County can complete a study ofnon-conforming uses in the area. For flzs time being eve will be meeting at another location, until this can be carted out. Lis Coaaers offered the cortference nwm at Roaring Fork Land Company as a meeting location. We will keep you posted for the next meeting location. Guest Speakers: Cindy Honbea, Community Development Director Ellen Sassano, Senior Long Raage Planner Cindy and Ellen brought several maps for the Emma Caucus to use in our deliberations aver a Master Plan for our area. These maps were created through the County GIS Department and include 000021 7Jrursday, June 09, 2005 America Online: Janesmithltd t'd 88trb-886~C9 yl!wS suer e6t:c0 g0 Ol unr Page 2 of 3 TopographiciScenic Info, and Wildlife Corridors. They also spent considerable time going over a Build-Out Analysis they prepared for the Emma area. This chart showed the number of approved ]ots/properties, including the number of improved parcels and the number of vacant sites. There are also projections for potential total build-out. All of these factors will play into our Master Plan for the area. The two planners explained the difference between Master Plans and the Land ti se Code and how the two actaally work together. They also discussed possibilities for us to consider in drafting our own Plan. Ilse Downvalley Plan was adapted in 1987 and .remains the train reference for the BOCC in dealing with development applications from ottr area. Ail of the other Caucuses updated their Master Plans in 2003. Because the County is currently involved to re-writing the Lattd Use Code, they may not have time to help us draft a Master Plan to be incorporated into that Cade. Cindy is looking for money fmm the County to help us accomplish this (with the help of a private planner), but this is not certain. We may simply have to wait until after the Code is re-written, Por information on all the Master Plans for the vazious County Caucuses, you can look at the G>unt)~'s website at aspenpitkin.com. Ihere is an Overview for the Master Plans (Chart 2) that provides a matrix of all the master clans with their major goals and themes {commercial activity, affordable hcusing, urban growth boundan~, etc.}. Basically, o.n• area includes 2 zoning categories: AFR ] 0 (lands along the highway and back to Clark's ranch) which allows 1 house per 10 acres; and RS 30 (all the rest) which. requires 30 acres fur 1 single family home. The County can provide more info en these zoning categories as well as a copy of the Downvalley Plan. Members asked several specific questions about zoning and were answered by the representatives. There was some discussion about the historic properties across the highway, and more discussion about possible ways the County is working to help ranchers preserve lazge ranches. Cindy asked members what we felt were the pressing issues for our area, and people offered their apinions, ranging from increased traffic, dangers at the intersection, and the transition from ranch land to residential uses. Cindy reported that the County is working on establishing a website for the Cavcus (and all Caucuses) to use to post meeting minutes, reminders and special notices. Liz Newman has been walking with Jeannette Jones at the County on this. We will keep yov posted on when this will be ready. Finally, the Caucus reviewed an application that had been forwarded from the Planning Office a Special Review on the Jane Smith (previously Zoe Compton) property on Sopris Creek Road. Jane plans to remodel the home, including 2 small additions, and is asking the County to approve the bam for office use and to include a small Caretaker Dwelling Unit (CDU). The Caucus discussed the application after Cind•~ and Ellen left After much discussion and good interaction, a consensus was reached by the members to approve the application as long as it conforms to County zoning requirements for a home office and a CDU (See atlached recommendation memorandum to Ezra Louthis). Nest Caucus meeting will PLOT be on the first Menday of the Month (July 4): NEXT 14iF.F.TING: Monday, J[1L}' 11, 2005 at 7pm, location TBA (tn he announced). Guest speaker: Dale will, Open Space and Trails. MEMORAdVDL-1N TO: F.zra Louthis, Community Devebpment Department FROM: Emma Caucus ~~~U~2 Thursday, June 09, 2005 America Online: Janesmithlid Z'd 88trb-886-905 yl!wg aueC d6l £0 90 0l u~f' Page 3 of 3 RE: Jane W. Smith Living Trust Special Review for s Detached Caretaker Dwelling Unit end 1041 Hazard Review (PiD 2465-132-00-016; Case P10ti-05) Date: ,Iune'7, 2005 The Caucus received application materials for review on June 1, 2005 and the Executive Committee was notified on June 2, 2005. Materials were forwarded to those Executive Committee members in towm. The Caucus discussed the application at the regulaz meeting on June 6, 2005. Comments: Caucus members were concerned with the extent of office use to be conducted in the "barn". Although the property has had a history of "non-barn'' use, it appears this prior use did not have a significant negative impact on neighbors. However, it is uncleaz from the application materials what type of "office use" is planned for the barn, and the barn appears large enough to support a considerable business, generating employees and traffic. There were concerns about making anon-conforming use more non- conforming. Other comments included concerns over the Caretaker DwTlling Unit and how this might add to the density of the neighborhood. There wrere additional cencems that this CDU may in fact be too ;mall for a foil time caretaker for the property. The manner in which the CDU would bedeed-restricted was also uncleaz. However, it was pointed out that the caretaker use is consistent with other caretaker uses in the neighborhood. Consensus: After discussion among the 12 members present, there was a consensus among Caucus members not to oppose the application as long as the final result does not create a conflict with existing zoning codes, We assume the office use will comply with the Ceunty's definition of a "home office" and restricuons on the CDU will not pose a hardship for the ownedapplicant or the neighbors. 000023 Thursday, June U9, 2005 America Online: Janesmithltd £'d 88bb-986-505 47!wg suet o0ZE0 50 Ot u~f „~, ~~. 2 J„ -A,v f,'~u69C~~':T4 ':lE-~rfr'~, ,i~, 5i'~h PUBLIC NOTICE RE: Rear Yard Setback Variance for 321 Sopris Creek Road (Case DS-2006) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, Apri14, 2006, to begin at 5:30pm, or as soon thereafter as the conduct ofbusiness allows, in the Commissioner's hfeeting Room is the Courthouse, 506 East Main Street, Aspea, befi;re the Pitldn County Board of Adjustment, to consider an app:ication submitted by Jane Scnitb, 32l Sopris Creek Road, Basalt, CO 81621, requestin a 12.5 foot Raaz Yard setback variance where 30 feet is required onthis 3.72 acre parcel in~ht a R-'10 zone distract to pemut an existing 5am"frie ~taie'Parcer Identification Number fer this property is 2465-132-00-016. por further irfozmation contact Joanna Schai~'ner atthe Pitkin Community Development IJepartment, (9'0) 920-5105. Pitkin County Board of Adjustn•.ent Published in The Aspen Times Weekly on l'+Tarch 26, 2006. Pitkin County Account No. 002.02 0~0~~~ Pitkin County Commissioner's Pitkin County Board of Adjustment Re: Rear Yard Setback Variance 321 Sopris Creek Road (Case OS-2006) My name is Richard J. Bird and I border the property in question to the north. We share approximately four hundred feet offence line. The barn in question is visible from my house. The barn is a valuable addition to the property, poses no objectionable qualities, Has been there over twenty years, and should be allowed to remain where it is with no restrictions. I strongly urge the board to grant Ms. Jane Smith the variance she requests. Sincerely, ~7 Richard J. Bird The additional signatures below are those of close neighbors who may not border the property in question but who wish to voice their opinion is favor of granting this variance. ~1,~/~ w ~ .. 0~~~?~ D G7 ~ r,i ~ s~ ~ _ ~ ~~ ~, a~>. L /`a 20 ~ ,. a'p ~ ~ °,° i ." ~ ~ N ,~ ~ tt ~ ~ k O T. O z ,n r ~- a a a „ ~ N• ~ +,. A ; k,. VY w ~ a~ x a G ro UOOU26 ~~ ~ ro ~~~ ~o~ c ro n r+ ~- o ~ ~* ~ x o ~ ~- nw ~ a~ p. ro n o~ o ~w ~ ~• ~ rn ~ i-+ f+- ~ ~ k d fD C ro r O RY ro (•F d ro c1- r~,ENWpo~ , s ~ -u _ _ z. 3 = ° c~ II~~I~~ ~I~~ 512805 SILVIq DgVI~~CDUNTY C ~~ Pape, 4 of 4 p 07/x/2005 04;00P R 0.00 D 0.00 LEGAL DESCR I P1' I 6N TnoSectionol3LoToreshbp~BgSouth.aRonge~876Was~nofotheo6rh Pbenc9polrkle~FdTa~cr 68) Pi rkin County. Colorado, lying westerly of the County Road ond. northerly of a line described os follows: Be ~^^ing of o point wfience AnGla Point No. 8 of said Tract 67 beora S 08°25'E 54.6 6 feet: thence N 70.36'E 100 feet to the County Rood: and olso lying Easter fy of a lime descr ibed as fol Iota: Beginning of a point whence Angle Pninr No. 8 or said Tract 67 beora 5 08.2°~'E 545.6 feet: thence N IS°47'W 301.32 Peer: thence N 24°47'W 365.3 (eet: thence N 08'08'W 173.56 feet ro the North line of Lot 10 in sold Section 13. said tract being bounded on the North by said North line of said Lot 10 extended from said point cos terly to intersect the County Road right-of-ray. 000027 ., ~ ,.1 ili ~l`., _ ~ Dick Bird Mr. ~ Mrs. Michael Ernemann Terr} Koladish & Jan Haugen Ed Pfab 0199 Sopris Creek Rd. Basal[, Co. 81621 0363 Sopris Creek Rd. Basalt, Co. 81621 0296 Sopris Creek Rd. Basalt, Co. 81021 0501 Sopris Creek Rd. Basalt Co. 81621 OOUO?8 ` `" ~ -~.~, ... - .. . ~. w..~, t f~ __, q.M.. . f 4y .. ~ ~ ~'~R ~a.~ F ~,E. t ~`~, . Y~c.~' ~Y pkE'f2 ~.N'i.+s'8~ ~ :.W._r.....v t~ ~~ ~~ ~ ~ ~6WO:~MrTF.~® FPRnq~Y.. 0 0 0 V~ V PUBLIC NOTICE RE: Rear Yard Setback Variance for 321 Sopris Creek Road (Case OS-2006) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 4, 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 Boazd of Ad'us t to consider an application submitted by lane Smith, 321 Sopns Creek Road, $asa t, CO 18 621, requesting a 12.5 foot Reaz Yard setback variance where 30 feet is required on this 3.72 acre pazcel in the AFR-10 zone district to permit an existing bam. The State Parcel Identification Number for this property is 2465-132-00-016. 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 March 26, 2006. Pitkin County Account No. 002.02 OOOU3U • County of Pitlcin } AFFIDAVIT OF NOTICE BY POSTING } ss. OF A VARIANCE HEARING BEFORE State of Colorado } THE PITKIN COUNTY BOARD OF ADJUSTMENT The undersigned, being first duly sworn, deposes and says as follows: I, S ~/C., ~G/-~f.~n 1/ ,being or representing an Applicant before the Pitkin County Board of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property {as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the _,.~ ~ day of , 20p6 to the ~_ day of / , 20~ (Must be posted for at least nine (9) full days before the hearing date). Ap~pl¢i~c-ant's Signature Subscribed and sworn to before me this ~ 7~~ day of ~~ , 20D~ by ~'~rr..lh 17 f~i rSG''- WITNESS MY HAND AND OFFICIAL SEAL. My ~- ivy commission Notary Public's~Signature~ ~~~ ~ d~ Ilr~ ~o~ ~s~.~ f., lc _ k ~~~ ~ Address ~% ~. COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 Pitkin County Land Use: 172 Board of Adjustment ~~ 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 LUCO1 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 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 Pazking Cash in Lieu IS GIS Requirements 161 Housing Impact Fee B1202 Road Impact Fee B1203 School Impact Fee TOTAL c5(fl ADDRESS/PROJECT: CASE/PERMIT#~