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Home My WebLink Aboutpitkin.boa.06.11i RESOLUTION OF THE PTTKIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING A MAJOR ROAD SETBACK VARIANCE FOR 5342 HIGHWAY 133 Resolution No. 11-2006 WHEREAS, the Fitzgerald Family Trust, owner of 5342 Highway 133, Carbondale, is requesting a 50 foot Major Road setback variance for the construction of asingle-family residence; and WHEREAS, 100 feet is required from the Highway 133 right-of--way; and WHEREAS, this parcel contains 1.01 acres and is zoned RS-30; and WHEREAS, the parcel is legally described in Exl3ibit "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 (L,and 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: ]. 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 50 foot Major Road Setback Variance be granted for the construction of asingle-family residence as shown on Exhibit "B", 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 Boazd of Adjustment of the County of Pitkin, State of Colorado. DATED: September O5, 2006 The Board of Adjustment of Pitkin County, Colorado ATTEST: "~'°~~ Jo a S. Sc affner, ~ date ty Zoning Officer Pazcel ID# 2463-222-00-0 ] 2 i~~aaoo I h -/ O - O~o ck ead, date Chairperson dIIIIMI'YIIIII'IiYIIIIWN~iill~ 529839 Page: 3 of 3 10/13/2006 04:35 D 0.00 ,: Legal Description: A Tract of land situated in the SE1/41JW1/4 Section 22, Township 8 South, Range 88 West of the Sixth Principal Meridian described as follows: Beginning at a point on the Easterly line of State Highway No. 133, Federal Aid Project No. S 0163 (3), whence the North 1/4 corner of said Section 22 bears N. 8°55'30" E 23110.20 feet; thence S. 3°23' W 197.00 feet along Eastery line of said State Highway No. 133; thence S. 81 °37' E. 213.90 feet to the Westerly bank of the Crystal River; thence N. 9°56'30" E. 196.30 feet along the Westerly bank of said Crystal River; thence N. 81 °37' W. 236.40 feet to the Point of Beginning. ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 5342 Highway 133, Carbondale, CO 81623 II III Iil IIII I III VIII VIII IIIIIIII II 0g98a9 eats dRNICE K VOS ORUDILL PITKIN COUNTY CO R 0.00 D 0.00 000002 00~c~0 0 00'0 ?1 00 A1N(10, ~MlId llI Olltl9 SOA H 30INtlC _. __. 9I~b£ sGsszs IIII IIII VIII IIIIII~IIIIIIIII IIII IIIIII VIIIIIIIIII _.. U U a ~ ~ ~ ~ W ~~l /''~l te W rr f,, I"~'~ O .., } I Y ^ ~ ~ hN li ~ Ham, O p~~ ~ ~ ~ryry li ~ ~ L r ^ v 1 O O ~ ~ 1( ''~ ~ J ~~ ~~ o II Till o Q a 1^ 1 I^rVJ, I~ 1I ( {`~i 6 j` g.=: =~- - . ((-e~ :. ¢cx S~~a:56 o'er "g' =f-p ` ;?.>, o{ I /' ~ dz ~ =~ ~,m~c f ~~ G °'F dest.; ~ ` J E 6 °~° °3x ~.'_ . .w] ... a.~ vR.{ U t~ K p K - "' ~" ~j Z ~ t~ ti Z r ~~ an N. ~ ~ ., Q (~ Y $$ P Y~~ L B i ~ i f ~'~~, L c !! ~ `` G] z y Y k~ U 7 {. :J~I ~~ `C ~ 9 Q S e~ £ p ~. ~~i t I OiL' d f'~IHDl,Sr .~.LF~LS __ _- - i ~- MINUTES September O5, 2006 Pitkin County Board o£ 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 18, 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. 000004 Y 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 Buck, Catherine Lot C-25, Ridge of Red Mountain AKA 160 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 Pasting 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 00000 • 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, 45q 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, -0 ~"O Co anna Schaffn Date oning 0 ficer Acc ~ ~~ ~~~ ck Date C -Ch it • 000006 LJ rrTi~iN CODNTY >~ARD OF ADJUSTMENT Appli~on Fozm DATE ~ 6 QCo _ ItEPRESENTATlVE-(9R.stifi7'6'\ ~~/h tom-} PHONE ZS- 712.0 S-MAII, ~. d~zti~JSm ~ i"Ft- [~ ~Yr1C~ ,K+~~FAX r1 Z.S- / $Z~/ MAILINGADDR~SS_d!~-7 i,.3 . L,,.,,,.~, .~1.~ /L /'. c~~, MAILING ADDRESS CC~O ~ I L:~ w-rS 15o..n ~i ~ QC3SV~.'DAt t e~ ~c/~Z3 LEGAL DESCRIPTION sI1ISIECr PARCEL ADDRESS_ 53ti Z ~l, ~, k , ~ ~ ~,,,~ ~, ~d ~ ~ PARCEL ID # 2Yli 3 - zzz- n„ _ 4~ ZONE DISTRICT !*2.~ - ~ ' LOT SIZE ~ ~ p 1 A,+ ~~cre ~~'---T` SIGNATURE (To 6e °°mpkoed by t6x Zoe Ikpertment) ~„ CASE # ~~-ate ,' Front Yard Setback Variance, where , yR ~~~, 'Rear Yard Setback Variance, wbene ' is raguiced. _ Side Yard Setback Variance, whero _~ is ~~ _ S~ Yard Setback Varienoe, wheae _~ is n9q~tired, Hergln Variance, where _r is alkrwed Cam: __~$O -~ljt/l du vm Quo ~O~W , Aim slew Refiea to DateofMeeting 9-s (S n Notices Mailed Z°°mgOffe~-~--~0` L Q~O~C~~7g i ~ REM,gRK3 RATE CLOSED: i""""'~.~.~:.~. BY;; bj ii ~v~ Ci' REEt~~.~ gY bj ., qUE±~" NF7`Ca AXt1'E REV HOCtY PH Mn~nrrn ,- ~ ~ Fitzgerald Family Trust Request For Setback Variance Submitted by: Grafton Marshall Smith (970) 925-7120 graftonsmith@comcast.net OUOU09 • i FITZGERALD FAMILY TRUST SETBACK VARIANCE REQUEST APPLICANT: Fitzgerald Family Trust c/o Dick Fitzgerald 0059 River's Bend Carbondale, Colorado 81623 PROPERTY 5342 Hwy 133 LOCATION: Carbondale, Colorado 81623 PARCEL ID #: 2463-222-00-012 ATIVE: Grafton Smith ZONE: RS-30 PUD PHONE: 925.7120 E-MAIL: graftonsmith@comcast.net REQUEST: The applicant is requesting, for their above property, a fifty (50) foot variance to the one hundred (100) foot building envelope setback from Highway 133 presently required by the Pitkin County Land Use Code. Fitzgerald Family Trust Setback Variance Request P I D#: 2463-222-00-012 Page 1 a000i0 PROPERTY: The Property, which contains 1.01 acres, is located approximately 4 miles south from the Carbondale City Market along Highway 133 and is bounded on the west by the Highway 133 right of way and the Crystal River on the east. There is an existing residence on the Property in the form of an 11.50 square foot mobile home. • PRIOR LAND USE APPROVALS: The property was granted a 1041 Approval in August of 2000 (Reception Number 447688 on 10/04/2000) (see attached) and was granted a Minor Amendment to that Approval to enlarge the leach field envelope by Administrative Determination Number 055-2001. It is currently the subject of a new 1041 Hazard Review but irrespective of either it is/would be encumbered by this same below hardship. The Property is not subject to the new stream setback rules of the recently adopted 2006 Land Use Code and by right is allowed a potential of 15,000 square feet of floor area. HARDSHIP: The Property is bounded on the west by Highway 133 (see attached site plan) whose Right of Way extends almost 50 feet from the edge of the pavement to the property line. The additional required one hundred (100) feet of building envelope setback - for a total of about 150 feet from the edge of the highway pavement -actually occurs almost eighteen (18) feet inside the footprint of the existing residence. On the east side the property is influenced by the Eagle River and its hundred year flood plain line and the roughly corresponding 45% slopes (see attached site plan.) "~' ~ . ' ~ .`:.~'' ~ J mf.: ~...,. ~ ~ ~: •~~ .,~ . rt ~ i;~r r. l.- Subtract an adequate area for a septic system (see attached site plan), sufficiently distant from the existing well (or possible future well) and the result is that there is insufficient area on the Property in which to construct a reasonably sized single-family residence as represented by the attached house plans (approximately 5,750 square feet). S~-F The Hardship is one of topography as generated by the~~tt, gle River, its 100-year flood plain and banks. Fitzgerald Family Trust Setback Variance Request PID#:2463-222-00-012 Page 2 000011 • • MITIGATIONS: The standard front yard setback for the Property's Zone District (RS- 30) is thirty (30) feet and the Owners propose a front yard setback of fifty (50) feet, which still represents a separation distance of approximately one hundred (100) feet from the edge of the pavement. ~~_ to Property and showing old garage in setback. Any additional impact that this setback variance request might represent to users of Highway 133 will be mitigated by plantings and landscaping in the area between the proposed new residence and the road. As shown in the above photograph, there are numerous trees already growing along the right of way so that additional plantings on the property along this section of roadway will not be of concern to motorists. Plus! There is an existing old garage, located in the southwest corner of the Property up against the Highway Right of Way (see attached site plan and above photographs), that will be demolished/removed, and all future development on the Property will take place in designated envelopes. The overhead utilities and related poles will be removed in the construction of the proposed new residence which will further enhance this area of the county. Thank you for your attention and if have any questions please feel free to call. Fitzgerald Family Trust Setback Variance Request P I D#: 2463 -222-00-012 Page 3 ~~~""' The Property lies on a straight section of Highway 133 and granting of this variance request would have little or no affect on motorist's sight lines. .i ~~ z Z~3 ~I ~` L~ \\~ ~Ig ~ ~° z~ ~~~ ~ ~ C ~a a~~ I ' ~I~ /~ ~: 000013 00001 V V V V 1 V • Directions to Property: The property lies on the east side of Highway 133, four miles south of the Carbondale City Market, between the highway and the river. It can be identified by a double wide mobile home which is the current residence on the property and an old garage which sits in the corner of the property up along the Highway right of way. Legal Description: A Tract of land situated in the SE1/4NW1/4 Section 22, Township 8 South, Range 88 West of the Sixth Principal Meridian described as follows: Beginning at a point on the Easterly tine of State Highway No. 133, Federal Aid Project No. S 0163 (3), whence the North 1/4 corner of said Section 22 bears N. 8°55'30" E 2300.20 feet; thence S. 3°23' W. 197.00 feel along Easterly line of said State Highway No. 133; thence S. 81 °37' E. 213.90 feet to the Westerly bank of the Crystal River; thence N. 9°56'30" E. 196.30 feet along the Westerly bank of said Crystal River; thence N. 81 °37' W. 236.40 feet to the Point of Beginning. ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 5342 Highway 133. Carbondale, CO 81623 OOt~016 ti5'T_9T~' fllGflTy~~ y 1~0. 13 ~ ~C9 7~ Gy~r 4 v4iT ~ q ~,~ ~~~ ~~ ~A4i ~~~9~ro I ----T I ---rte i r \ - I. ---~-.. < ru ~m z _ . __ - __ _ ___ ~N Q -_ __ _ __. ~ -. _ _ - ~ ° ____ s~ q _________ 1_ n ~ _ ^E__a~, ~. -__~° ~ -~_ aaoo.a ma ______ ___ z ~ ___ q _________ --__ ~5 ^ .. ~ ____. o Q i m i ~~ ~~ . ~ ~~ ~I~ i~ i ~- ~~- 04ERHEAD DRLIiIES .y,. fy- - - _ I '~~ Ei ~~- ~~ - {~ l ~ !_ Y I L' '~49 /~~~-- ; ~o ' j ( ' I 1 i ' I ~ I ~ ~' ~ ~Q l[0/NC E $ I ~ ~ m fk[OW ~~[Opf ~ ~ ~ _~'tt~f 1 ~ ___ p 10 5 L WCAp SE18ACk i ty ~ ~ 7 ~- m ~ ~ .. d ry-i ~- c 0 0 SNIT OF SOD LEAN FLWO PLAIN EMI) ~ lPo ~fAR ~ ~ P[AlN _ _ r „m d b _ ~ - _ E z 0 z -~ 0 r~ ~~ c~ 7 '-3 1~.. N ~+ r ~' 0 ~- 0 ~C .ti _ J~/~\ Uh" 1 `Z B ~' ~ ~ ~ 6 _ r j ' ` J ~ ~~ ~ ~-~ ~ ~ ~~ ~~ r ry/F1 II. ~~ ..~~ ~ .y~~ ~~ L J ~~ ~~ ~~> ~ _ ~~ JJ 6~_4 ~ ~/ rF~I .1/ ~ ~~ ~ f ~?i~. Y Y K ® ~ ~~ L~ (~ ~-1 ~~ ~ a ~ a ~ r Le ~ ~ ~ E_ ~ ~ ~~ _ ~=~ ~~ 06/10/2006 16:59 9709636288 FITZGERALD ~~ 4nsu eei>isizeee:ea:eer oe,iaet omnt: szl~1 t .~ ~ R e.e0 o e.ee tl e.ee ~IT1tiN COINITIi co DETERhIlNATION OF THE HEARING OFFICBR OF THE COMM[JNITY DEVEI:OPM$NT D8PAR1'NIENT OF pITIC1IV COUNTY CQI,O~p, GRA1tITING APPROVAL TO FEET 1641 AAZARD REVItE~ Deternlnaflon No.'s-2000 RECITALS 1. Ge[trude. Peet ("Applicant'? has applied to the Firkin County klaatitig Officer for 1041 Haiard Review approval to establish a budding envelope which wi11 encompass ar existing modular home. 2. The property is zoned RS-30 PUD attd contains 1.01 acres. 3. The property is located at 5342 Highway 133. S 4- Tho Hearing Officer heard this application at a duly agticed p~Jjc hearing on ° August 15, ZOOO, of which time evidence and testimony were presented with ',-"~, respect.to this application. .} d 5- The Hearing Officer foots that the building envelope avoids the 100 year; .. floodplain, is cafegorized as low wildfue, and has m adverse impacts on gxistirtg -6 wildlife habitat. .d NOW T137~It8FORE, )EtE IT Ri'SOLV1t:D by the Piddn County He+aiog Off~emr that ` approval is hereby gnsated to the Peet t 041 Hared Review fur a building tavelope. J l . The Applicant sbH11 adhere to sU t:onditimts and taatuisl representations madti in the J application and public meetings except as amended herein. -a ' ~ 2. The Applicant shall recasd a 24 X 36 irtclt mylar 1041 Hazed Review Site Plan in ~~ aecordaoce with Sextion S-7t>-040 ofthe Laud Use Code. The site plena shallialvo be . S subntittod is digital format for integration in to the County Oexgrsplric Iafonoration - Syretem (GIS) prior w s,tbmissioa of a building pemtit 0 3: The applicam shall modify the proposed bniidiag envelope to comply with tfie ] 00' t»ajm road setback, with e:cep6oo of thcaer~ we+e the ex~io6 septic system is located. The modifiod emd approved by the plnimin staff -u . to recotda6on. ~B °1x shall be g prim ~ . 4. Nq develo ~g ~~ ~o~ m ~ ' prnem, including BaraBe. v stu~anee, d and welVseptic, shall be permitted outside the eppaoved building onvelope. s 5. No developtryant exceeding 30" shall otxvr within the 100' Major Road Sdback unless avariance is aipptrived-try the Firkin Cotfoty Beard of Adjustments. 6. Ike Applicant shall comply with the following wildfire mitigation measures: 1~~~~~~~ ee'leee 1NM12M/ e¢s+7!• OLTee1IR oRY:e cues i d R R e.ee 0 •.tN M •.ee pSTKtR PAtelrll CO PAGE 05 _. UUUU1~ 06/10/2006 16:59 9709636286 FITZGERALD • Hesrinf: Officer Determination No. `,x.32000 Page T PAGE 04 Defensible Space: Note: Actual vegetation manipulation to meet these conditions may not be ni:cessary where the natural vegetation patterns have already fnlfilled these ~nditions. A. Brush, debris, sad non-ornametrtal vegetation shall be removed within a distance a. 7 0 foot perimeter of all structures. B. Vegetation shall be reduced to break uP the vertical and lrarizontal eontinirity of the fuels a minimum of a 30 foot perimeter around a stcuctrue bttiltoa'fla( ground: C: Spacing between chmrps of bnrsh cud vegetation within the 30 foot pttriareter shop be a minimum of two times the height of the firel. Mmaumtmt dismeta of the clumps shall not ezeeed l0 feet All its shall be from the edges of the crowns of the fuels. D. All branches from trees and brush within the 30 footperhneta shall be premed to a height of 10 feet above the ground and removal of ladder fuels from aroirod trees and brtuh. E. Tree crown sepat'adon within a 30 foot perimeter shall stave a minimum of l0 feet between the edges of the scums: This does twt apply fA mature stands of Aspen 4ces the above recommendation for :anoval of ladder fade have hater complied with. F. All bragches.Which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed: Cr. The density of fuels within a 100 liDOt petimeter amtmd all strtrcttrrev shell be teduts~ where naitual tt~Ction ha4 not ahcady occurred. Fl. All deadfall within the 100 foot perimeter shall be removed. I. The Applicant shall be responsible far the continued rnaisrtenance of the ~femiblc space vegetation requirements. 7. The Applicant stroll comply wiW the following additional wildfire mitigation standards: A. Rooting: New roofs shall have a class A, noncombustible roof system. Wood siraitslshiogteroof otrraings and t3at roofs (ttp to a 3:I2) pitch rse prohibited. B. Vents shall be stxeened widt cotrotive teaiataat wire meal[ with mesh orre=fourth- . inch (1/4'~ maeorimpm. C. Roofs and gutters shall be kept clear of dduis. D. Yards shop bekept clear of all litter, slash, and flammable debris. E` ''~ flarnimaWe met~rals shall be stored on a paralld catttour a minimum cif 15 feet away from any structure. F. Weeds and grasses within the 1 S foot peranettx shall be mai~ined t0 a height not more thm ti inches. G. Fitevtrood/woodpilcs shad be stacked on a paralk- contour a rninimrnn of 75 feet away firoor soy stntcture. K Swirmmng pools slitdl ttoussible to Fm Depmlment vehicles. 1. Fasces alurll be kept clear of brash and ddais. J. Wood fences shall. not cmmert to any shtrchtre. M711R MlIRL4MEf pt ORYZ>f - :i ~/ 4 R O.RY~ D~ e.n! R •.1la -lTKIN t301fRT1 CO 0UUU19 06/10/2006 16:59 9709636260 i FITZGERALD • PA Hearing O{f+.ssr Rsierminatloa Na~.2000 Page 3 1G. AIIy OlttbnlldlII$S U7 additi0aal ah7tdlrt8 8}1811 adhere t0 the Same 9tandatds B9 ' St[UCLUreB. L. -Furl tanks shall bainsialkd underground with m approvod container. ' IvI. Propane tank's shall be installed aernrdiag to NFPA 48 st8odards and on A contour away from Ills strnctme with stated defensible apace vegetati~ mitigapon around ally aboveground tank. Aay wood enclosure arou~ the tank sha11 be t<onctrlkted with materials approved for 2 hoer firo resistive onion the- aUerior side of We walls. N. Each strtletlae shall have a minimum of one pomld approved ABC Sre i ' estitiglaiallar placed in a viar'ble and accessible lomtion O. -Addresses shall be"clearly marked with 2 iadt>rtm-eouybusp-bk kttas and shall beclearly viw'bie"at tlx prrmaty pang ofacoeas from the pubh'c or owamcn access. road and itmiaDed on a non-combu9ttbk post. P. New utility lines shall be batted. 5. Stanuary veld tights for the approval centaioed herein ~ Slanted purallaa2 tb the . _ ` Pities Copy Laird Use Code a~ Colorado Sta»s, subjcet to the a:ate xt ' forth in Pitkia Comrty Land Ux Code, § ¢140 and CRS., §24.68-105. The ~~~'vested rights p~ted herein shag expire on August 15, 2003. '+sr:se atte~eerealae- INITEIIN awss ratvi a .r+ R e.w o.e:ee >F s.a ~ITKiN t7tltmT4 to ~~~~~~~ a .~ s R e.ee a e.M`N e:ae It[TNet t~uNrr ppy= ooou~o 06/10/2006 16:59 9709636288 FITZGERALD PAGE 02 • ... .., u:, :a attic a ktaaiot: Ot6«r DLterminatioo No.,Z}2000 'Page4 NOTICE OF T1~E-PUBLIC HEARING PUBLISHED AV THE ASPEN TIM~F.S VNEEICI.Y,.ON THE 15th DAY OF JULY 2000. APPROVED ON THE 15th DAY OF AUGUST 2000. PUBLISHED AFTER ADOPTION FOR VES1TED REAL PROPERTY RiQHTg 1N THE ASPEN TIMES WEEKLY ON ~ awfeor '1 Inn n . ATTEST: - 11EARINQ OFFICER OF P~TK1N COU~NyT/Y, COLORADO Tetley Tayl r, Adm t ' lleaziog Officer APPROVED A3 T'O FORM: _ ~--- .. John, County A.ttomey Date: i APPROVEp AS TQ'CON77rNC: G~.~i..~.. , `~.a4 Cindy Iiouben, Coaunurrity Development Director Cast NY7400 ~ . P1DN 2163222001112 ~ ~ . .. ~ I ~~~ 1 ~f ~ 1. R 0, l1! 0 t,!! N tNWIf iiLVI 0.tN1 PITKIN t:01111TY pp ~~~~~~ 1 .~ ~ R. •.tt0 0 ~.tNt N a.N tamtlN COtNtir eo uuouLl Fitzgerald Family Trust Request for Setback Variance 5342 Highway 133, Carbondale, Colorado PID# 2463-222-00-012 Adjacent Property Owners & Parcel ID Numbers: Colorado Department Of Transportation 4201 E. Arkansas Avenue Denver, CO 80222 Highway 133 Right of Way Pitkin County 530 E Main St Ste 302 Aspen, CO 81611 246322300005 Sustainable Settings Inc 6107 Hwy 133 Carbondale, CO 81623 246327200016 ~U~~y~ Date: June 28, 2006 To: Pitkin County Community Development Departrnent From: Dick Fitzgerald~tzgerald Family Trust 0059 River's Bend Aspen Glen, Colorado 81623 Re: Permission to submit Land Use Application for our property at 5342 Highway 133, Carbondale, Colorado 81623 Parcel ID Number 2463-222-00-012 I hereby authorize Grafton M. Smith to submit an application for and otherwise represent the Fitzgerald Family Trust in matters concerning the submission of a 1041 Hazard Review, Caretaker Dwelling Unit, and if necessary a Setback Variance Request for our above listed property. Please feel free to contact me at (970) 963-2817 if you have any questions. -- D' or Ftzgerald Family Trust ~ ~~~ 000023 • • Page 1 of 1 Joanna Schaffner From: Barb D' Autrechy Sent: Thursday, August 24, 2006 1:35 PM To: Joanna Schaffner Cc: Dale Will Subject: case -11-2006 Fitrgerald Family Trust Hey Joanna: I received a copy of a public notice regarding the Fitzgerald Family Trust variance request for the setback of a single family home construction. When I looked the parcel up on GIS, it looked like there was already a house on that lot. Are they planning on scraping it and reconstructing? FYI, we are planning a public trail in the CDOT ROW along that property. Barb D'Autrechy Program Specialist Pitkin County Open Space and Trails 530 East Main Street, 3rd Floor Aspen, Colorado 81611-1948 970/920-5232 970/920-5198 fax For more information on Pitkin County Open Space and Trails, please visit our website at http.l/www aspenpitkin.com/openspace 000024 8/29/2006 CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agem in the State of Colorado hereby certifies that FITZGERALD FAMILY TRUST is the owner in fee simple of the following described property: A Trail of land situated in the SEi/4NW1/4 Section 22, Township 8 South, Range BS West of the Sixth Prinapei Meridian described as fo8rnnrs: Beginning ~ a point on the Easterly line of State Highway No. 133, Federal Aid Project No. S 0163 (3), whence the Norfh 1/4 comer of said Section 22 bears N. 8°55'30" E 2300.20 feed thence S. 3'23' W. 197.00 feet abng Easterly 8ne of said State Highway No. 133; thence S. 81 °3T E. 213.90 feet to the Weateriy bank of the Crystal Rhr~; thence N. 9°56'30" E. 196.30 feet abrtp Use Westerly bank of said Crystal River; thence N. 81 °37' W. 236.40 feet to the Point of Beginning. ADDRESS ACCORDING TO THE PITKtN COUNTY ASSESSORS OFFICE: 5342 Highway 133, Carbondale, CO 81623 ENCUMBRANCES: Did of Trust from :JAMES 3HEI,TON CUPIT AND ELIZABETH HENDRY To the Punic Trustee of the County of PITKIN For the use of :WELLS FARGO BANK WEST, NATIONAL ASSOCIATION Original Amount :568,000.00 Dated :April 9, 2002 Recorded :May 8, 2002 Reception No. :467195 This certificate is not to be construed to be a guararrtce of title and is furnished for infonnationai purposes only. PITKIN COUNTY TffL.E, INC. BY authorized signatun: CERTIFIED TO: lone 12, 2006 at 8:00 A.M. Job No. 2258 ~~~~~3 PUBLIC NOTICE RE: Major Road Setback Variance 5342 Highway 133 (Case 011-2006) 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 Fitzgerald Family Trust of 0059 River's Bend, Carbondale, CO 81623. The applicant is requesting a Major Road setback variance where100 feet is required 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 State Parcel Identification Number for this property is 2463-222-00-012. 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 OUOO:U • • County of Pitlcin } AFFIDAVIT OF NOTICE BY POSTING } ss. OF A VARIANCE HEARING BEFORE State of Colorado } THE PITIOIV COUNTY BOARD OF ADJUSTMENT The undersigned, being first duly sworn, deposes and says as follows: I, ~/~~'i-~ts~ ~. ~ ~~ Tlf ,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 .7 20g~, to the -'~ ~_. day of ~ - 20c~' . (Must be posted for at least nine (9) full dp~ysore the hearing date). Subscribed and sworn to before me this day of ~.~~ bar , 20 L by G+-~k~n~ ~~ . ~(± ~~ ,~~~, i I ~~ i ~.~5~ Notary Public's Signahrre ~ D~ ~ ~~~k~ s,s ~~~ ~~~ ~~ ~i~- ~~ Address STATE OF ~' . ,SOP Pp ••'.O ~R~ ~~E ; o My Commission I y D ,nos: ruC~ +~~~i `~ ~ ''~ ~ , WITNESS MY HAND AND OFFICIAL SEAL. ~' ' t1 ,, +,.r My Commission expires: ~ D I ~~` ~U ~~ i petit' ___..~ . COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970)920-5526 Pitkin County Land Use: I~ 172 Board of Adjustment f V( J 159 County Land Use Code 174 Flat Fee 162 Zoning and Sign 169 Public Notice 160 Planrvng Enforcement 175 Hearing Officer Referral Fees: 210 Airport LUCOl County Clerk 211 County Engineer 194 Environmental Health 208 Historic 198 Housing 190 Land Management 2(X,3 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 IS GIS Requirements 161 Housing Impact Fee B1202 Road Impact Fee ~~ B1203 School Impact Fee ~~ w i° TOTAL ADDRESS/PROJECT CASE/PERMIT#: DATE: 1 ~ ~ ~ ' ~ INITIAL: i