HomeMy WebLinkAboutpitkin.boa.06.07
RESOLUTION OF THE PITHIN COUNTY, COLORADO
BOARD OF ADNSTMENT
GRANTING A FRONT YARD SETBACK VARIANCE FOR
55 SMITH WAY
Resolution No. 07-2006
WHEREAS, Nick Coates, owner of 55 Smith Way, Aspen, is requesting a 38 foot Front Yard
setback variance to allow for the construction of a new single-family residence; and
WHEREAS, 50 feet is the required setback on this 4.27 acre pazcel in the AFR-10 zone district; and
WHEREAS, the parcel is legally described in Exhibit "A"; and
WHEREAS, the Boald 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 ff RESOLVED by the Boazd of Adjustment, that a 38 foot Front Yazd
Setback Variance be granted for the construction of asingle-family residence as shown on Exhibits
B-D, due to topographic hardships.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of
Colorado.
DATED: July 13, 2006
The Board of Adjustment of
Pitkin County, Colomdo
ATTEST:
~~ ~~ ~
'Donna S. chaffner, ~ dot
ounty Zoning Officer
Pazcel ID# 2643-211-03-007
Rick ead, date
Chairperson
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PARCEL NO. 1:
A tract of land situated in Lots 7 and 8 of Section 21, Township 9 South, Range 85 West of the 6th
Principal Meridian, lying Westerly of the center of the Roaring Fork River, said parcel of Land is described
as follows:
Beginning at a point whence the Section Corner common to Sections 15, 16, 21 and 22 in said Township
and Range bears N 40°57'37" E 2272.70 feet;
thence S 25°07'00" E 341.20 feet;
thence N 66°03'00" E 296.10 feet to a point in the center of said river;
thence N 20°54'30" W 234.93 feet along the center of said river,
thence S 84°34'30" W 333.10 feet to the point of beginning.
PARCEL NO. 2:
A tract of land sRuated in Lot 8 of Section 21, Township 9 South, Range 85 West of the 6th
Principal Meridian, lying Westerly of the center of the Roaring Fork River, said parcel is described
as follows:
Beginning at a point whence the Section Comer common to Sections 15, 16, 21 and 22 in said
Township and Range bears N 25°07'00" W 341.20 feet and N 40°57'37" E 2272.70 feet;
thence S 23°21'00" E 322.96 feet;
thence N 64°39'30" E 279.51 feet to a point in the center of said river,
thence N 20°24'00" W 317.02 feet along the center of said river;
thence S 66°03'00" W 296.10 feet to the point of beginning.
PARCEL NO. 3:
A parcel of land situated in Parcel FP-2, Aspen-Mass Ranch Subdivision according to the Plat
recorded in Plat Book 22 at Page 53, as amended in Plat Book 35 at Page 62 of the office of the
Clerk and Recorder of PJtkin County, Colorado, more particularly described as follows: -
Beginning at a point on the Southerly boundary of said Parcel FP-2 whence the Southwest comer
of said Parcel FP-2 bears S 64°34'30" W 76.32 feet;
thence N OS°25'30" W 93.26 feet;
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thence S 84°34'30" W 65.00 feet to the point of beginning.
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The above parcel also known as the LeBlanc Parcel as shown on Aspen-Mass Ranch-LeBlanc
Lot Line Adjustment Plat recorded January 4, 1998 in Plat Book 44 at Page 42.
PARCEL 4:
A tract of land situated in Lot 14 of Section 9, Township 9 South, Range 85 West of the 6th
.Principal Meridian, described as follows:
Beginning at a point whence the Quarter Comer common to Section 9 and 16, Township 9 South,
Range 85 West of the 6th Principal Meridian bears N 76°16' E 30.00 feet and S 65°08' E 1510.74
feet;
thence 31°10'30" W 450.29 feet to a point in center of the Roaring Fork River;
thence N 61°33' W 12.88 feet along the center line of said river;
thence N 74°20' W 130.36 feet along the center line of said river;
thence N 52°25' W 103.25 feet along the center line of said river;
thence N 23°28' W 168.11 feet along the center line of said river;
thence N 76°16' E 533.91 feet to the point of beginning.
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MINUTES
July 13, 2006
Pitkin County
Board of Adjustment
Present: Mike Cooper
Rick Head, Co-Chair
Pat McAllister
Bob Throm
Isabel Day
Absent: Jim Rifkin, Co-Chair
Staff: Joanna Schaffner, Zoning Officer
Head opened the meeting at 5:30pm.
07-2006 Coates, Nick
55 Smith Way, Aspen
Representing the applicant, architect, Scott Bartleet presented
the application requesting a 38 foot front yard setback variance
where 50 feet is required on this 4.27 acre parcel in the AFR-10
zone district for the construction of a new single-family
residence.
The affidavit of posting was presented. There were no members
of the public present to comment on this request.
Bartleet explained that the existing three story residence will
be demolished and replaced with a new 5,660 sf two story
residence. The site is constrained by 45o slopes, the
floodplain, and river setback. The proposed house will be
located approximately 300 feet from the road, yet is only 12
feet from the front lot line. The house is pushed forward
(downstream) on the site because the applicant hopes to preserve
the existing septic field behind the house.
Cooper asked if there will be any negative visual impact as
viewed from Wink Jaffe Park across the river. Bartleet stated
that the new house is less high than the existing residence and
so the visual impact is lessened. He did not think there would
be any negative impact to the public.
Throm moved to approve the request as submitted due to
topographic hardships. Day seconded the motion. The request was
granted by a vote of 5-0.
~~~UQ7
08-2006 Rubenstein, Ron
Lot 46, Mountain Valley Subdivision
AKA 189 Mountain Laurel Drive, Aspen
NOTE: There is some dead air on the tape regarding this
application.
Project Manager, Andrew Nettleton and designer, Adam Kasias were
present to represent the applicant in a request for a 30 foot
front yard setback variance and a 1.5 foot side yard setback
variance where 30 feet and 10 feet respectively are required on
this lot in the R-15-A zone district to construct a detached
garage.
The Affidavit of Posting was presented. Letters 6f support from
Marion Sexton, Carmen Farr Dowley and the Mountain Valley
Architectural Committee were also submitted. The following
Mountain Valley neighbors were present to express their
concerns: Don and Joyce Harris, Skip and Candis Strasbourger,
Grafton Smith.
Schaffner explained a brief history of the previous variance
requests for a garage on this site.
Nettleton presented photos of the site. He explained haw
excavation for the job began prior to issuance of the building
permit. He showed the Board the plans for the proposed garage.
Don Harris lives across the street from Rubenstein and thought
the whole garage should be pushed back closer to the house to
allow more room for parking. Skip Strasbourger expressed
concerns about the garage being so close to the road because of
the potential for plowing and winter safety issues, and feared
that garages along the street will change the character of the
neighborhood. Parking will be eliminated forcing cars onto the
street. Candis Strasbourger stated that the existing parking
area is gone and the yard has been re-graded. Smith asked how
the retaining wall will look.
Head responded that parking was not this Board's issue. He
asked what the code allowed as a minimum distance between house
and garage. Nettleton responded that the garage was currently
12-15 feet from the residence and that only 10 feet was
required. '~We would be happy to push it back to 10." Schaffner
reminded Nettleton that the garage will still have to comply
with height limitations.
o0~~~g
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10." Schaffner reminded Nettleton that the garage will
still have to comply with height limitations.
McAllister wanted to see the minimum variance necessary.
The neighbors were satisfied with pushing the garage back
to 10 feet from the front of the house. Day asked if the
garage will negatively impact the amount of light that
reaches the house? Nettleton replied no.
Throm made a motion to approve the application as submitted
due to Cooper seconded the motion. The vote
Failed??
McAllister made a motion to approve the garage at no more
than 10 feet between the eaves of the house and the garage.
Cooper seconded the motion. The variance was granted by a
vote of 5-0.
There were no minutes from the April meeting for review.
The meeting was adjourned.
Respectfully 'submitted,
nna S haffn D ~e
oning Officer
ed,
it-~-~
'c e d, Date
Co-Chair
ODUU09
PITKIN COUNTY
BOARD OF ADJUSTMENT
Application Form
DATE ~~ d VN~ 2yo6 .
REPRESENTATIVE _ GJ ~PJ ~' $ /~ ~LTLF~r PHONE ~ -]0 q z7 ~6 9 3
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E-MAIL bA/f ~-CP ~"~,GOW I<,dlSl ~ VIl~-'. FAX ~27069Zi .
MAILING ADDRESS ~O 80X ~~~~ ~ R>~J<lvr Lb R 1,621
OWNER N IL,k (,0~5 , PHONE 37°f D 7b ( .
MAILING ADDRESS J.a m E', //yn.~rJa/ ~9.r ~l/ ~/~i
LEGAL DESCRIPTION 5VF} fl3Y8N -W1~'S5 ~rYL(1 ~ ~~r(L (,oT UNE A-pT~ 6,E $t qNc
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SUBJECT PARCEL
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PARCEL ID # 2,6 ~- ~j 7i ~ I D ~j~ ZONE DISTRICT ~/~ - I O
LOT SIZE ~ ' Z) ~ f~'ii~t6i .
SIGNATURE
(To be completed by the Zoning Department)
Requesting:
~' Front Yard Setback Variance, where ~~' is required.
' Rear Yard Setback Variance, where ' is required.
' _ Side Yard Setback Variance, where _' is required.
_ Side Yazd Setback Variance, where ' is required.
Height Variance, where ' is allowed
Corrnnents:
CASE # ~' - ~~Q ~;
Application filed ~ (g ~ Q ~ - Q
Refer to
Date of Meeting - Q
Notices Mailed Cv' 30- OCR
Zoning Official %/ ` ~ L
Secretary
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fIUX design studio
PO Box 2611, Basall, CO, 81621 fel: 970-927-0693 fax: 970-927.0693 email: barfleet~comcasf.nef
5th June 2006
Re: 55 Smith Bridge Way, Aspen
Front Setback Variance Request
To the Pitkin County Board of Adjustment,
In reference to the property at 55 Smith Hill Way, Aspen, we are requesting you consider our request
to grant a variance to the required 50' front setback due to number of site constraints that limit our
ability to comply with this requirement.
The current building envelope exists on a narrow 60' wide strip of land that is sandwiched between
the required 20' setback from the mean high water line and the edge of a 45 degree slope.
The site currently accommodates an existing house that is currently non-complying in relation to its
front setback of 24'.
To the rear of the site, an existing leach field limits our ability to expand along the length of the site,
and subsequently we reasonably request that a variance be granted to allow our proposed
building envelope to extend to within 12'of the front boundary.
Given the proposed building will actually be some 300' from the street, we believe our proposal
complies with the intent and purpose of the front setback as defined in the Land Use Code, and
further that the granting of this variance will not adversely affect the public good.
We look forward to hearing from you in relation to our request.
Sincerely,
Scott Bartleet.
flux -;
PO Box 261 1, Basalt, CO, 81621
p: (970) 927 0693
f : (970) 927 0693
e: bartleet@comcast.net
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COATES ~ REID ~ WALDRON
REAL ESTATE, RENTALS. PROPERTY MANAGEMENT
A RESORT QU EST" COMPANY
June 5, 2006
Pitkin County Board of Adjustment
533 Main St.
Aspen, Co
Re: Coates Residence, 55 Smith Way, Aspen
Request for Variance
To Pitkin County Board of Adjustment:
In relation to the subject property al] adjacent land owners are Pitkin County.
Should have you have any further questions please call me.
Sincerel ,~'2 ~,
1 C~s
Owner
~U~U~~
Aspen Office: 720 East Hyman ~ Aspen CO 81611 ~ Ph: 970.925.1400 ~ Fax: 970.925.2895
PARCEL NO. 1:
A tract of land situated in Lots 7 and 8 of Section 21, Township 9 South, Range 85 West of the 6th
Principal Meridian, lying Westerly of [he center of the Roaring Fork River, said parcel of Land is described
as follows:
Beginning at a point whence the Section Corner common to Sections 15, 16, 21 and 22 in said Township
and Range bears N 40°57'37" E 2272.70 feet;
thence S 25°07'00" E 341.20 feet;
thence N 66°03'00" E 296.10 feet to a point in the center of said river;
thence N 20°54'30" W 234.93 feet along the center of said river;
thence S 84°34'30" W 333.10 feet to the point of beginning.
PARCEL NO. 2:
A trail of land situated in Lot 8 of Section 21, Township 9 South, Range 85 West of the 6th
Prncpal Meridian, lying Westerly of the center of the Roaring Fork River, said parcel is described
as follows:
Beginning at a point whence the Section Comer common to Sections 15, 16, 21 and 22 in said
Township and Range bears N 25°07'00" W 341.20 feet and N 40°57'37" E 2272.70 feet;
thence S 23°21'00" E 322.96 feet;
thence N 64°39'30" E 279.51 feet to a point in the center of said river,
thence N 20°24'00" W 317.02 feet along the center of said river;
thence S 66°03'00" W 296.10 feet to the point of beginning.
PARCEL NO. 3:
A parcel of land situated in Parcel FP-2, Aspen-Mass Ranch Subdivision accorciing to the Plat
recorded in Plat Book 22 at Page 53, as amended in Plat Book 35 at Page 62 of the office of the -
Clerk and Recorder ofPJtkin County, Colorado, more particularly described as follows: -
Beginning at a point on the Southerly boundary of said Parcel FP-2 whence the Southwest comer
of said Parcel FP-2 bears S 84°34'30" W 76.32 feet;
thence N OS°25'30" W 93.26 feet;
thence N 84°34'30" E 65.00 feet;
thence S 05°25'30" E 93.26 feet;
thence S 84°34'30" W 65.00 feet to the point of beginning.
OOOU21
The above parcel also known as the LeBlanc Parcel as shown on Aspen-Mass Ranch-LeBlanc
Lot Line Adjustment Plat recorded January 4, 1998 in Plat Book 44 at Page 42.
PARCEL 4:
A trail of land situated in Lot 14 of Section 9, Township 9 South, Range 85 West of the 6th
Principal Meridian, described as follows:
Beginning at a point whence the Quarter Comer common to Section 9 and 16, Township 9 South,
Range 85 West of the 6th Principal Meridian bears N 76°16' E 30.00 feet and S B5°08' E 1510.74
feet;
thence 31°10'30" W 450.29 feet to a point in center of the Roaring Fork River;
thence N 61 °33' W 12.88 feet along the center line of said river;
thence N 74°20' W 130.36 feet along the center line of said river;
thence N 52°25' W 103.25 feet along the center line of said river;
thence N 23°28' W 168.11 feet along the center line of said river;
thence N 76°16' E 533.91 feet to the point of beginning.
ooooma
AGENDA
PITKIN COUNTY BOARD OF ADJUSTMENT
Apri14, 2006
5:30 P.M.
Pitkin County Courthouse
Meeting Continued to July 13, 2006 at 5:30 P.M.
ADMINISTRATIVE:
Meet new member Jamie Brewster.
NEW BUSINESS:
07-2006 Coates, Nick
55 Smith Way, Aspen
Requesting a 38 foot Front Yard setback vaziance where 50 feet is required on this 4.27 acre parcel in the
AFR-10 zone district for a single family residence.
08-2006 Rubenstein, Ron
Lot 46, Mountain Valley Subdivision AKA 189 Mt Laurel Dr., Aspen
Requesting Front and Side Yazd setback variances where 30 feet and 10 feet respectively are required on
this lot in the R-15-A zone district to construct a garage.
MINUTES: No minutes from April Meeting.
PLEASE
LET JOANNA KNOW
IF YOU WILL ATTEND TFIE MEETING OR NOT
920-5105 orjoannas@co.pitkin.co.us
000023
PUBLIC NOTICE
RE: Front Yard Setback Variance for 55 Smith Way, Aspen, Co 81611
(Case 07-2006)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 13,
2006, to begin at 5:30pm, or as soon thereafrer 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 Nick
Coates, 720 East Hyman Ave, Aspen, CO., 81611, requesting a 38 foot Front Yard
setback variance where 50 feet is required, on this 4.27 acre parcel the AFR-10 zone
district for a single family residence. The State Pazcel Identification Number for this
property is2643-211-03-007.
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 July 2, 2006.
Pitkin County Account No. 002.02
000024
PUBLIC NOTICE
RE: Front Yard Setback Variance for 55 Smith Way, Aspen, Co 81611
(Case 07-2006)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 5,
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 Adjustment, to consider an application submitted by Nick
Coates, 720 East Hyman Ave, Aspen, CO., 81611, requesting a 38 foot Front Yard
setback variance where 50 feet is required, on this 4.27 acre pazcel the AFR-10 zone
district for a single family residence. The State Pazcel Identification Number for this
property is 2643-211-03-007.
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 June 25, 2006.
Pitkin County Account No. 002.02
ODUU25
County of Pitkin } AFFIDAVIT OF NOTICE BY POSTING
} ss. OF A VARIANCE HEARING BEFORE
State of Colorado } THE PITHIN COUNTY BOARD OF ADJUSTMENT
The undersigned, being first duly sworn, deposes and says as follows:
I, NI G K Lo >q'1 ~i ,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 26 ~ day of cl 1M/~i , 20Q6, to the / 3
day of _, 20 0,6 (Must be posted for at least nine (9) full days before the hearing
date).
ApplicaRf~f s Sign~~ f
~/ r~
Subscribed and sworn to before me this
day of T,, , , 2Q~ (qby ~~ c /~ ~c~ c ,LC S
(Attach photograph here)
BRING THIS FORM TO
THE MEETING WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires: /- /,~ -cJ '7
Address
d~/~ i~
C c r vC L ~ ~ .L L~J
Notary' blic's rgnature
OODU~b
00007
7/ 11 /2006
Page 2 of 2
• •
COMMUNITY DEVELOPMENT DEPARTMiT
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
LUCOl 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
]50 Plan Check
110 Plumbing Permit _
130 Reinspection _~_
152 AVFD Fire Marsha] _
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
B1203 School Impact Fee `
TOTAL ~_
Y
ADDRESS/PROJECT:
CASE/PERMITN~