The URL can be used to link to this page

Home My WebLink Aboutpitkin.boa.06.10 RESOLUTION OF THE PITKIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING A FRONT AND SIDE YARD SETBACK VARIANCES FOR LOT C-25, RIDGE OF RED MOUNTAIN SUBDIVISION Resolution No. 10-2006 WHEREAS, Catherine Buck, owner of 180 Bennett Place, Aspen, is requesting Front and Side Yard setback variances to construct small additions to the existing residence; and WHEREAS, 30 feet and 10 feet respectively aze the required setbacks for this 10,347 square foot lot in the R-30 zone district; and WLIEREAS, the parcel is legally known as Lot C-25, Ridge of Red Mountain 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 Board of Adjustment makes the following findings: I. 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, T1B;REFORE, BE TT RESOLVED by the Board of Adjustment, that setback variances be granted to allow the improvements shown on Exhibits A and B, due to peculiar 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 Board of Adjustment of the County of Pitkin, State of Colorndo. DATED: September 5, 2006 ATTEST: +~/« oanna S. Schaf ' d to County Wing Officer Pazcel ID# 2735-014-06-020 The Board of Adjustment of Pitkin County, Colorado I~-ID-Ob Rick Head, date Chairperson 529840 I IIIIII VIII IIIIII IIII IIIIII VIII IIIIII III VIII IIII IIII O 10g 33D2000004 16 000001 ~Zd c=~L,;~;~ -~ N •O ~. S 0 a _) I IIIIII VIII IIIIII IIII IIIIII VIII IIIIII III VIII III IIII a9 98 e0 ea JPNICE K VOS CRUDSLL PITKIN COUNTY CO R 0.00 D 0.00 i ~~ Sfi ...-. '~., v r• e D c Benneft Place Remodel €` i8, o ~o~~~woo I ~ Its ~[~ ~ I i E t BO Bennett Place Asren Cobrrda E - Z r IiillllVllllilllllilllllllirlllilllllllNIIIVIIIIIIIillle 0y 9800004:16 N FO R• •p 4 °. 0 ~~ ~o S ,O _O 5`0 0 O ~ U Q 3 N o;>~` ~ I~ BenneR Place Remodel O ~ N n C N ~ BC Bennetl Place A.oen Colorodo. J~ ` 0 Ey }~aa rn ~E 4`C ~ ti c ~, : e ~ Z i -. MINUTES September O5, 2006 Pitkin County Board of Adjustment Present: Mike Cooper Isabel Day Rick Head, Co-Chair Jim Rifkin, Co-Chair Bob Throm Absent: Patrick McAllister Staff: Joanna Schaffner, Zoning Officer Rifkin opened the meeting at 5:30pm. Day and Cooper arrived late because the door to the courthouse was locked. 09-2006 Zaino, Alison and Boniface Lot 1B, Meadowood Subdivision AKA 293 Heather Lane, Aspen Architects, Julie Maple and Chris Ridings, and landscape architect, Nick Soho were present to represent the applicant in a request for a rear yard setback variance where 30 feet is required for this 38,721 square foot lot in the R-30 zone district to change the grade more than 30 inches in height within the setback for landscaping improvements. The affidavit of posting was presented. There were no members of the public present to comment on this request. A letter of support from the Meadowood Homeowner's Association was submitted. Schaffner summarized the request. Maple showed the Board a site plan of the proposed improvements. She explained that originally, the house had a Homeowner's height restriction of 19 feet measured from the highest point of the lot to the ridge. This has since been changed. The back of the lot consisted of a pile of rubble from construction of the previous residence. In an effort to save trees on the site, the house was pushed back on the site. This resulted in a yard which cuts into the existing "rubble". Head asked what was the hardship? Ridings suggested that the revised height limit was a hardship on the client. The house could have been designed differently. It's presently under construction (fully framed) . Head asked if the allowed floor area was being maximized. Maple responded no. Based on the lot area and Meadowood "bonus floor area", 7,074 square feet is allowed. The new house is 4,523 square feet. O~~UQ`# Head moved to approve the request based on topographic hardships. Throm seconded the motion. The variance was granted by a vote of 5-0. 10-2006 Suck, Catherine Lot C-25, Ridge of Red Mountain AICA 180 Bennett Place, Aspen Applicant, Catherine Buck, and architect, Erik Hendrix were present to request front and side yard setback variances where 30 feet is required on this 10,347 square foot lot in the R-30 zone district for a small addition to an existing single-family residence. The Affidavit of Posting was presented. Schaffner stated that she received a phone call from Buddy Bates from the Subdivision HOA. The Homeowner's Association approved of the request, however, they wanted the Board to know that they believe that construction has occurred on this site without permits. Schaffner also heard from the property owner on the east side of the lot, who was concerned that the deck was so close to her house; what about the impacts of its use? Buck explained that the neighbor agreed to planters on that side of the deck to give privacy and to discourage use of that portion of the deck. Buck and Hendrix explained their request to the Board. The existing house already encroaches into the front and side yard setback and legally exceeds the allowed floor area. The proposed addition will not extend any more into the setback than the existing residence does. Cooper asked if the request would cause any negative impact to the public. Buck answered that the public will see the addition from the cul-de-sac. Cooper suggested that the proposed addition will have minimal public impact. Head did not feel that the applicant demonstrated a hardship. He would have liked a letter from the HOA. Rifkin read section 2-40-110 (b) of the Land Use Code regarding approval criteria for granting variances. He then stated that he felt that the code gave broad latitude by allowing a "practical hardship". Hendrix suggested the hardship was that the house was already in the setback. Cooper moved to approve the request due to peculiar and practical difficulties. Throm seconded the motion. The variance was granted by a vote of 4-1, with Head opposed. 11-2006 Fitzgerald Family Trust 5342 Highway 133 Architect, Wayne Kirk and representative, Grafton Smith were present to represent the owner in a ,request for a 50 foot Major Road setback OUOOGS Y -. variance where 100 feet is required as measured from the Highway 133 right-of-way for the construction of a new single-family residence. The parcel contains 1.01 acres and is zoned RS-30. The Affidavit of Posting was presented. There were no members of the public present to comment on this request. Smith presented aerial photographs of the site and pointed out the required setbacks. He explained that the site was encumbered with floodplain, 45% slopes, and a stream setback. Existing improvements will be demolished and a new single-family residence will be constructed. Public benefits are that the existing old structures will go away; overhead lines will be buried, and landscaping will be installed between the highway and the building envelope. Schaffner informed the Board that Open Space and Trails will construct a trail along the right-of-way next year. Head moved to approve the request due to topographic hardships and downzoning. Cooper seconded the motion. The variance was granted by a vote of 5-0. There were no minutes from the April or July meetings available for review. The Board asked that a copy of the "charter" (Section 2-40-110(b) of the Land Use Code) be included in every packet. Head made a motion to adjourn the meeting. Day seconded the motion. The meeting was adjourned by a vote of 5-0. Respectfully submitted, ~e -0 7-o Co anna ~chaffn Date oning 0 ficer Acc ~~ ~~~J ck Date C -Ch it ~~~~~~ PITKIN COUNTY BOARD OF ADJUSTMENT Application Form DATE {~lt~ 5 ~ 200(c REPRESENTATIVE ~QtI1~t~ne wUCE PHONE ~~- 49'3 E-MAIL C~b~C~ Zq (c) aol .cJw, FAX ~la3~S~4~ MAILING ADDRESS P.O, t3px 69~ci ~~~h ~ ~IIo1 ~ 1- OWNER G~'1"h2~v~e ~rt PHONE ~`15~49~3 MAILING ADDRESS P.o LEGAL DESCRIPTION ~~~ ~ 1?PCi t'1oun~-i~1n Lpt C-25 SUBJECT PARCEL ADDRESS_ 180 &c,v,ei-1 1~1 . l~p c ~1 PARCEL ID # _ `Z"t35U1901~02a ZONE DISTRICT ~ '3~ LOT SIZE SIGNATURE Requesting: ' Front Yazd Setback Variance, where .30 ' is required. ' Reaz Yazd Setback Variance, where ' is required. ' t~ Side Yazd Setback Variance, wherel~ ' is required. ' _ Side Yard Setback Variance, where _' is required. ' Height Variance, where _' is allowed Comments: .1~1"L it I.rn e ~.v~en ~n, nl CASE # %G'ZUO~p Application filed ~"-'~ -dam Refer to ~~,e ~ ad YVl~.,~ ({o Date of Meeting R_S ~(~ (, Notices Mailed OODU07 (To be completed by the Zoning zoning offer== vim` ,~ Secretary _ anmxG:~Comom Formswl,en plu~n~ng~pnk,n~6o.udm;mpl~ bo.upopea« f2LMARKS DATE CLOSED: ~~' 6Y;> bj 00000 REF;-:. 6~' Isabel C DII~;~~. MTG Dk?E I4E17 80LFY PF1 NOTt~Et7 09/05/06 boa ye CYA'I`E Qx t~INAL AGY70N:° Property Address: 180 Bennett Place Aspen, CO 81611 Legal Description: Ridge of Red Mountain, Lot C-25 My house sits on a very unusual lot. When the house was built, it was within the setback requirements at the time. The front of the house, when it was built, was not within the current setback requirement that the house be at least 30 feet from property line. The front of the house is currently 20'2" from the property line. Currently there is no bathroom facility on the main level of the home where the living, dining and kitchen areas are located. The area is essentially a square box with no place to put a small powder room. I am requesting that I be able to extend an existing closet by 2' 8" to create a space lazge enough for a small powder room. The addition will not encroach beyond the existing 20'2" from the property line. The space will line up with existing space and also be 20'2" from the property line. The only existing bathroom facility is located either one floor above or one floor below the main level. If a guest is unable to climb steps they will not be able to use any of the bathrooms in the house. 000009 0 c c c F--~ ° Asa ~_ i~~ ~~1 ~~ ~gs ~g ~~$ ~~ ~~~ ~y~ 3 n J N ~. ~N8 $~~ ~~~ A~~ =~o~ ~~3 s ~~~ x i~ c~ ~° A 8 ~ ~ ~ ~ ~ { M.W , _ ~1 ~ /// ~~ ~ ~/ I (~ ___ l\ \ \ /~~~ r wlx \\ ~ ~~~~ \ S~ / / \'F~a I \ ~ ~\~ /~~ I\\ 3 a` 4 i o c n WATER LINE I xo \ L6E/l£M Bx 9n E=. sJ3 \ I- - ~.nr rv ~ ~~ ~V( __~ mgt S ~ I ~ ~~A ~~ ~~~ s_ ~ ~ ~ ~~ ~4~ f \ ~ ~ ~~ $ u R ~ a = ~ ~ f a.,,~.W .o,. ~~ ~~ ~ ~, S ~ ~~ ti ~ °y ` $b a ~ =, W ~ V~~ '3 '4 \ ~~ \ ~, ~; .a ~. ~~ 3.. .:j' . a f ~\ t /ff ~ \ s~ ~ - "s °~ ~ ~;~~L ~ ~'~ ~ a ~ '"~ ~ 3 ~ \ a \\ \ \~ ~~ ~qZS a~~'(~~z~l S~~_ to ~pF {~~ (n~~•, y5- ~~ - D Jp,{[~~p Vrn "~~T Z~~~~S6r~~ia< ~^'" ° Z® ~In Trim ~(n~fn" ~~ ~ Z 41U~ ,c6T~' m ~ ~ '-ch V , rn LS ~a ~~~~~~~g 2 0 ~a 6 y~ S~~~a~zz~ Z ~t~L~ ~ ~, S~~Om~AjT m ~, ~ ~y~Dy~ I'i ~a ~m ~ ~~ 4 y~~~A T szy ~~7n ~ ~ ~~~ IC ~~~N~3~~N~A~ ~ ~ ~ ~~~~~~ ~6 o {y ym~ ~~ y ~~y~~ (p ~In~R2 ~~--I{Z~~Sy~ (Tn~ ~ {~~m ~s ~"S~g 'o~ +T~ Ts ~{~',S V ~~D~mNrn~~~r~aaN y rn B ~1~~i.~A~~~ ~ ~ ~~ N ~ U~ m~~msZ~~ N a ~A-~iNlll ~ 1~ ~ ~I ~~~m 3N~Z~4 ~ ~ ~ZZ if ~~ .~L9yNSOti ~~~'~"~'~aBz~~ ~ ~ ~~<<yy 4. fir ~~ ~o~i-°iQo m'tl~.N> ~ ~~m ~ l '~ ~I sV m~ N ~' ~ rn S ~ 0 0 0 c H F-J N O N 9 • n C r a P n ~/ ~\ O w S S O N ~• n N A • ~~ proj~e~ wre 1 ~~ D N ~ ~ _ $ ° 8 Bennett Place Remodel ~e ray O ~ o ~ ~~ `~ ~ 160 Bennett Place Asaen Colorod ~ ~ v m Z 0 c 0 c ti u 0 0 ~i S • y W 7~ g ~ '~ . T Bennett Placs Remodel N ~ ~ ° ~ ~ ~ `~ ~" ~ 180 Bennett Place Asuen Colorod ~ ~ ~ Z 0 0 0 c u W ~~ _a i_ 'o 'c}/ ~ ~ ~ ~ ~ J • • ~ N o ~ ; Bennett Place Remodel ~ H a o I ~ ~ ~ W W Q ~ ~ ~ - .- 180 Bennett Plata Aaoen Colorod ~ Z 0 0 0 c ~V i • N ~ I 5C ~ W ~ W ~~ ~ < ~ fd ~ I I I I pi i 3 0 9' • y fl ~ ~~ ~ ; a ° a Bennett Place Remodel _ ~~ ~~ ; m ~` ffi~ W ~ ~ 180 Bennett Place Aspen Colorod ~ ~ ~ ~ d m V1 z 0 0 0 c cn N G O w m 'n C C y ~ N ~~ a ~ fP C s z N o ~ T Bennait Placa Ramodal O ~ -~ ~ a ~ ~ 180 Bennett Place Awen • v ~~ f8~ ~ y ~ . _ ~~ ~~ ~ . Z R' f aS ~ g ~ Property Address: 180 Bennett Place Aspen, CO 81611 Legal Description: Ridge of Red Mountain, Lot C-25 Adjacent Lot Owners: 1. Mimi Teschner 182 Bennett Place Mailing Address: PO Box 3825 Aspen, CO 81612 2. Michael and Rebecca Dumeresque 178 Bennett Place Mailing Address: PO Box 8902 Aspen, CO 81612 3. Valerie Bennett 254 Magnifico Mailing Address: 125 Colt Lane Gladstone, NJ 07934 OOOU16 LJ PUBLIC NOTICE RE: Front and Side Yard Setback Variances Lot C-25, Ridge of Red Mountain AKA, 180 Bennett Place, Aspen (Case 010-2006) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 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 Board of Adjustment, to consider an application submitted by Catherine Buck, PO Box 8961, Aspen, CO 81612. The applicant is requesting front and side yazd setback variances where 30 feet and 10 feet respectively are required on this 10,347 square foot pazcel in the R-30 zone district for small additions to the existing single-family residence. The State Parcel Identification Number for this property is 2735-014-06-020. 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 August 27, 2006. Pitkin County Account No. 002.02 oooo~a PUBLIC NOTICE RE: Front and Side Yard Setback Variances Lot C-25, Ridge of Red Mountain AKA, 180 Bennett Place, Aspen (Case 010-2006) NOTICE IS HEREBY GIVEN that a public heazing will be held on Tuesday, September 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 Board of Adjustment, to consider an application submitted by Catherine Burk, PO Box 8961, Aspen, CO 81612. The applicant is requesting front and side yard setback variances where 30 feet and 10 feet respectively are required on this 10,347 square foot parcel in the R-30 zone district for small additions to the existing single-family residence. The State Pazcel Identification Number for this property is 2735-014-06-020. 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 August 27, 2006. Pitkin County Account No. 002.02 oooois ~ ~ County of Pitkin } 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, l ~~~ ~ ~ ~ ~ ~~ ,being or representing an Applicant before the Pitkin County Board of Adjustrnent, 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 from the 2~ day of ~C1,L S'~ , 20 a ,(P ust be posted for at least nine (9) full days Signature /.~,-~I„ to before m this ' 201, by ~i U GEC MY HAND AND OFFICIAL SEAL. expires: ~~~..a Public's Signature L, Jepson /Notary Publie nission Expires 07/25/2009 Aspen, CO 81611 ODUU1~ • ~ ~.. ~ ( ~ COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 51611 1970) 920-5526 Pitkin County Land Use: 172 Board of Adjustment 6~-~ 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 186 Park Dedication IS GIS Requirements _ 161 Housing Impact Fee n B1202 Road Impart Fee ' B1203 School Impact Fee TOTAL ADDRESS/PROJECT: t CASE/