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HomeMy WebLinkAboutpitkin.boa.81.31Dottie Fox moved that the following be adopted: BEFORE THE BOARD OF ADJUSTDIENT OF THE COUNTY OF PITKIN STATE OF COLORADO RESOLUTION NO. 81-31 Jan Edwards, Tom Fulker LVildrose Ranch, 15488 Highway 133 WHEREAS, the subject property is within the unincorporated area of Pitkin County, Colorado; and, WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, Section 16-1.3, 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 adjorning property owners, has been shown by the applicant. 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 that the applicant's request for a 24.5 foot frontyard setback variance for construction of storage building Additional conditions or restrictions: WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. Clark Smyth seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Bill Mason - yes Dottie Fox - yes Clark Smyth - yes Paul Krausch - yes Joe Zanin = yes Robert Throm - yes Bill Lukes - yes Kandi Shaffran - yes The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: August 25, 1981 The Board of Adjustment of Pitkin County, Colorado Attest: // /~~ ~ ~Q~ 2~ ''~~ ~ Chairman h~~y,,,~ Secreta ~~~ ~,dUU~Q`~ d~'~~ ~PCAL TO BOARD OF ADJUSTMEPIT • County of Pitkin ore 3a ~')~t- Date t~_~Z 19~ _ Case # ~3l - 31 Applicant=,lL~Pv+ }~l,(i .~".I f,.~-T~ i'la ~ ~~~#~~ f, Address 1 ;C1`t,~,~ i-IL1.'~, l ~~ OwnerJ~~\ ~ w~~![jX;l S, -IC~~{,I~-1-~~ (i~~l`~, '~ ~'L 1~~~~=-`k ~ Address (-,'~ ('~`~, ~ ~ Cl. ~ l l ~,"= Location of Property lk'>1~D1-'C%~ ~ Jill;C Nf 1S~(':~,, ~u~y l'~','L, ~~~r c`'i`X== ~~;~ ~}"'V=,l-hc_ f~l~~_('~ f~~'~~=X1611~~~ !1_'liliL~`, r~~~ %`1-~1-~(I~ l~~'1c-(Attdched) Any pertinent data must accompany this application, and will be made a part of this Case No. The Board may return this application if it does not contain all the facts in question. Applicant's description/of proposed variance showing justification: _• / />i~i a~ oZ. `(t S J `1~27ro.i~~ ~~ ~L.LVe-Cie-~ ~ ~'f__ ~c'U CL P. S~cCYZA~1t.. Applicant ai nature, c~~ ~~ ~' -i- Prnvisior~s of i,he zoning resolution requiring the Building Inspector to forward this application to the Board of Adjustment and reason for nut granting a tuilding permit: Builaing Ir.~p. Signature ~a'te reamit rejicted: Board Decision Application Filed: moiled apUNTY TR~$'t,ittr. ?-. ~'~~'~il ~' { AUG6~ ..~a81 ,fi ~. UL~ Date: Secretary, Board of Adjustment o~~l~"C t, 1JOTICi; OF PUhI.IC U1;IiRIUG AF.FOI~'fIL' PITY.IIJ COUIJ'1'Y IIOAIiD OI•' AD~MENT , TO ALL PROPEf<TY OY]I1F.I?S APf'ECTED IIY TIIE REnUDSTED ZONING OR USE VARIANCE DESCRIIIEU BELOW: Pursuant to Pit-Y.in County Resolution of June S, 1955, as amended, a Public Hcarinq swill be held in the County Commissi.o~ers Room, PitY,in,County Court f?o use, Aspen, Colorado, (or. at such other place as the meeting may then he adjourned) to consider an application filed with the said P.oard of Adjustment requesting authority for variance from the provisions of the County Zoning Resolution. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give seriousicbnsideration to the opinions of surroundi.n~ nm;~erty oomers and other affected in deciding whether to c•: ant or deny the request for variance. TIC PARTICULARS OF TFIE HEARING AND OF TF~ REQUESTED VARIFuVCE ARE AS FOLL047S: Date and tine of meetingv August 25, 1981 at 5:15 p.m.o'clock Name and Address of Applicant for Variance: Jan Edwards, Tom & Chris Fulder, 15488 Hwy 133 ' Location of Property or Description: ' Wildrose Ranch, 15488 Hwy 133, East Side of Crystal River -Variance Requested: ' 24,5 loot frontyard setback variance for construction of storage building. , •Duration of Variance: Condition: ' i Permanent XXXX Temporary THE PITKIN COLNTY BOARD Or ADJUSTMENT Sill Mason, Chairman O O O O u ~' ~~ C~~Q.L~:~a~ ` I s y ~ ~ l-h ~,.~~ 13.3 C~.tF~. .~~~~_h ~~~~ ~~~~ ~~~c~~~ 'clC~v ~ ~'y-~-c'oln.~o~ ,~rv, Z-c. 'F' a ~. S(~' g ~~rti ~. • r'te' . ,~, v .'"fix l3&s- °~~o• `61bZ3; '~ C~~ ~, ,~.c2,~J ~ UCvi,CltxuA.,'~~UGZ,,' ~~t~ 1, . Snc,t~nt:iad> V.~~~czq,~> ~~~[J /~.~i-cY-c_~ ~~. ~soz~~q ,7 -- n l~.a ;L-r~J /a..t uAr~-e., f l ~ ~c-~~`az..~'_`~'~-r,d.Bc.~ 6.~a.~~..~ 1~ok l dJJ Cam,-G,, ~-~ ~a~ ,-, ~~ ~l~v/ 4.~.~~a~-~ ~~j~za.~~-~c,~ 000004 -I-o S gc~o ~ c~ ~-. ~; ~"„, ~ ., __ I E r J ~ ~. _ I~PITKIN REGIONAL BUILDING DEPARTMENT "R4'~,O, ~~ ~ _ .~~ Lest Jones ~c = "'~ ''Q56 a Rd. `~~ ~~ .` ~ Basalt, CO 81621 _, ~•, c . ;~ c,-Fla; _ -- ~"~"'-++.~~" J*PITKIN REGIONAL BUILDING DEPARTMENT _ ~,:~_~- .~~~~, a-- ~~:.~'F: w'~~. Alichael Linda LeBeau 0057 Oa and Knoll Glenw d Springs, CO 81601 ._.. . , _ . _ ~ '~ ...... J • ~~'aUC~ ~ m m m ~~ N :~`' ~ .~ 7 U 0~ ;j y `; ~~ ~~d~~l A ~1 .~0 0 yCr w ~ ~,,.~r n ~ s~ 0 ~~~ o - m ~., c~ ~ o C ~ o ~ ~ Q. cn ~- N ... A. ~~ I , f^ ~~~;~ C~ ~ { j r, II i, t._ r {' ~ i"~' ~ :li~I' ,, ..., p r~11f 7r~ 1,1 • ~ Z m ~ ~ ~ ~ m ~ ~. z ~ m ' N ~,,; ,.,,,s t O C r ~ ~ ~ 0 0 m 0 ., m ~ ' a ~ ~ 3 ~ ~ m Z "~ i ©.q ~~ t~~Cs ~ -'~ ~_ ~ 1 4~~` 3~~. .~~ l ~. ~ k~~~ I.0000:~ o~ o ~• ~~ o ~, ~~r ~s a ~• ~xa Uq ~ ~ `~ ~ r N (D C~ bJ O ~ rn 0 N +„~. K~ i C~ r~, ~ m ~~ ~ -iii ~; ~+; I ~,,y} .fit S `~j / ` lu,l ~? .c ~- ~, e~ ~ ~ i ~ i .. .>~:!? • N 'fl ~~Z ,- ~ -~ z D YI O M r Z m n ~, ~ 3 Z ~-~,~, ~ ~ .a~ //~7 ~ '~ I.,~ 4l 11~~. `~ .n ~ ~ ` co ~i ~ r j\`~ ~~h± ~,, fi ,, ~ , ,.` ; , ~,_ t ~A. i ~r1 i ~ ~- i vow r~GivRD OF PROCEEDITJGS 1G0 Leaves IMM M C. I. x•:f lF ll 1. B, f 1. CO. PITKIN COUNTY BOARD OF ADJUST"RENT August 25, 1981 Members Present Associates Bill Mason., Chairman Dottie Fox Paul Krausch Clark Smyth Joe Zanin Bill Lukes Robert Throm Kandi Shaffran ?deeting was called to order by Bill 34ason. He asked the Board if they had any objections to the minutes from the last meeting. Dottie Fox moved to accept the minutes. Paul Krausch second the motion. All in favor. It4otion passed. Leon Norton, 7528 Highway 82 81-29 requesting a variance to erect a 6 sq, ft. sign on present fence. Leon Norton was there to represent himself. He had included a picture of the sign he wants to erect and he brought one of the letters to show the exact size and color he would be using. The letters would be put on a natural colored fence that is presently there. He also brought pictures of the property in question for the Board members to see. Kandi Shaffran asked if the sign would glow at night or be lighted. Leon replied that it would not. Paul Krausch questioned Patsy Newbury why Leon had to have a variance to erect the sign. Patsy stated that any sign along Highway 82 had to be approved by the Board. Dottie Fox made a motion to approve the variance request. Paul Krausch second the motion. All in favor. Motion passed. Richard Barnes, 108 Trentaz Rd. 81-30 requesting a 49 foot frontyard setback variance for addition to employee unit, Robert Bates was there to represent Richard Barnes. Robert explained that they wanted to build a lean-to on the left hand side of the unit to store snowmobiles, snowcats, motorbikes, etc. He stated that the lean-to would be covered by trees and shrub and would not be seen. Robert showed the Board members where the garage and house sat on the lot. It was determined that there were no objections from the adjacent property owners. Bill Lul:es wanted to know what hardships were involved. Robert stated that the reasons for not placing the lean-to on the other side of the garage was that to much scrub would have to be removed and it would be seen from that side. llottie Fox questioned what the size of the shed would be. Robert replied that it would be approximately 10' and would be connected to the roof-line. Paul Krausch wanted to know if the lean-to would be closed in. Robert said that the back and sides would be walled in and the front would be open. Paul Krausch moved to approve the variance request due to the fact that it is an addition to an existing structure and there is topogranhical hardship. Dottie Fox second the motion. Bill Lukes voted against it, there were four votes for it, i•,4otion passed. Hn 48 OO0UO8 RECt~RD OF PROCEEDINGS 10G Leaves I00~ ~0 C. I f~Y tl. !. 0. 0 L August 25, 1981 page 2 John Stewart, Lot #66 ,' Elk "fountain S/D 81-32 requesting a 60 foot frontyard setback variance and a 5 foot sideyard setback variance for construction of a single family residence. John Stewart was there representing himself. John Stewart stated that his problem was that he was 5 foot short for sideyard clearance and 60 foot short for frontyard. Bill Mason read a letter from Mr. William J, W~rlPy reaa.rding Lot 56 in Elk Mountain S/D stating that when this property was given a zoning variance a nrPCerlant wa,.a ~Pt of maintainine~ 30' setbacks on all four sides on all lots of the subdivision. Patsy Newbury stated that the subdivision covenant had 25 foot setback, Bill P.fason said that in that case Mr. Stewart would be staying within the covenant with his request. Bill Lukes questioned whethex• a variance for one lot would effect any other lot in the neighborhood. Bill Mason stated that every variance is handled as a separate variance, Patsy Newbury stated that the Board could not set"precedents but had to take each case at a time. The owner of Lot 65, John Armstrong, was there and he stated that he came before the Board at the same time as Mr. Worley and he was granted the same variance, 30', and he said that it was said that that would be a precedent. The files regarding these cases were brought before the Board and Bill Mason read through the minutes. It was not found that any precedent was set on either case. John Armstrong explained that he was under the impression that the setback was a set standard. Paul Krausch stated that he felt that Mr. Armstrong had come to the Board with a specific request and that the Board had not set a specific size that he could have. Bill Mason re-emphasized that the Board does not set any precedents. Clark Smyth felt that due to the downzoning, 25 foot setbacks are not un- reasonable and it seems that a precedent was not set on the previous cases of Armstrong and Worley. Dottie Fox felt that since ",fr, Stewart was within the covenant there is no reason that he cannot be granted his request. Bill :44ason stated that the Board never went below the covenant. Paul Krausch stated that if Mr. Armstrong wanted to come before the Board again and get the additional five feet there would be no problem. Bill Mason agreed. Clark Smyth made a motion to grant the variance request based on downzoning and the magnitude of the variance is no greater than the covenant states. He amended the request to be a 25 foot sideyard, 46 foot frontyard'setback and 39.5 yard rearyard setback. Paul Krausch second the motion. John Armstrong questioned as to whether this would now be the precedent. Bill Mason said that it would not and that the Board never sets a precedent. All in favor, motion passed. Jan Edwards Tom Fullcer FVildrose Ranch 15488 Highway 133 81-31 requesting a 24.5 foot frontyard setback variance for construction of storage building. Jan Edwards was there to represent self and partner. The reasons for putting the building in that particular area is because there is a natural drainage behind t11e area and it is a very hilly area. They want to earthshe].ter the building and that would be the most natural place to place it. Dottie Fox vvas familour with this area due to a previous P & Z meeting. Jan Edwards had included a picture of the notice to show the Board members. There were no objections from the adjacent property owners. Paul Krausch wanted to know how big the lot was. Jan replied that the lot was 14 acreas, Clark Smyth wanted to know why the building could not go anywhere else on the property. Jan stated that when she had originally planned to build a house, garage and solar greenhouse, the county had no problem because it was zoned R-2. One year later the ordinances had been rc-written. She stated that the proposed building was a workshop/solar greenhouse/storage building which was a separate N° 46 OOOU09 RECORD OF PROCEEDINGS ?4Q Leaves reee a e r. .necwn n. e.e ~. ~o. August 25, 1981 Page 3 structure 100 feet from:the proposed home. Paul Krausch wanted to know why she didn't build behind the drainage. Jan stated that there was a driveway rightr"that spot and she would not have to tear up any more terrain. Jan stated that there were probably lots of woody areas that she could build on but they are inconvenient to reach in the winter and when she bought the property an agreement was reached that the buildings would be clustered due to the fact that there were elk there, From the highway the proposed structures would not be visible. Dottie Fox wanted to know what the topographical hardship would be. Jan Edwards stated that the county considerations was the elk wintering range and that the natural water drainage cut through that portion of the lot, Also she wanted to build into the hills that cut through the property for solar reasons. Clark Smyth questioned Jan as to why she could not build the structure adjacent to the proposed house. Jan replied that due to the solar need and the fact that a lot of meadow would be used to do that. Also the fact that there is a road access to the proposed site for the shop. Patsy Newbury told the Board that the property was downzoned from AF-3 to RS-20. The AF-3 would have required a 50 foot setback. The property was purchased previous to the downzoning. Dottie Fox made a motion to approve the request due to topographical hardship of the natural drain ditch and due to the downzoning. Clark Smyth said the only reason he could see was the downzoning. Dottie Fox amended her motion to state due to downzoning. Clark Smyth second the motion. All in favor. Motion passed. Christine A. Gerschel Lot 10 Block 3 94eadowood S/D 81-33 requesting a variance from floor area ratio to construct dressing rooms and shower in existing structure. Christine Gerschel was there to represent herself. Bill Mason read a letter from the chairman of the llieadowood Homeowners Association stating that they had approved it. Robert Throm told the Board that he would not take part because he was associated with the applicant socially and in business. All the adjacent property owners had been notified and there were no objections in the file or otherwise. Bill Mason then requested that n.4s. Gerschel show the Board what is was she planned to do. She explained that she wanted to transform half of the existing garage into a changing room and bathroom for the pool. Also she needed to use the rest as an extra bedroom for her mother who is disable and cannot manage stairs. The garage in question will be wasted space because the driveway is dangerously steep and will be moved to another portion of the lot and 'another ~ara~e be build. At this point the floor area ratio in the house is at its limit and the remodel of the garage would call for an additional 250 feet. The Board members did not know if they could grant this variance or not. She did not need a variance to build the new driveway and garage. Bill Mason advised her that he would check with the County Attorney and see how the Board should act on this, On August 26, 1981, Bill ?Mason contacted the County Attorney and was advised that the Board could not grant a variance of this sort. A telephone poll was taken and Clark Smyth made a motion to deny the request. Paul Krausch second the motion, All in favor, motion passed. N° 4~ OOOOiO RECORD OF PROCEEDfI~GS 10~ Leaves rmx •n c. r. xncan e. o. a c. w. August 25, 1931 Page 4 Another application for alternate member was submitted to the Board t from Evan Gull. After review of this resume', Clark Smyth moved to accept Mr. Gull as an alternate member. Dottie Fox second the motion. All in favor. ?notion passed. It was brought before the Board the need for a special meeting during the month of September for four cases. It was agreed by the members that a special meeting would be held on September 15, 1981. Meeting was adjourned. Respectfully Submitted Secretary ti VV L,~Aam Bill Mason, Chairman I i .~ IJ°• 4 9 000011 Scanned 2/5/08 File Finders Box #17 LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER