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HomeMy WebLinkAboutpitkin.boa.92.08 PITRIN COUNTY BOARD OF ADJIISTMENT DATE 1 /10/92 William Lipsey & Associates APPLICANT Ric~ar c4-nAin Arrhita-•~c Parcel A CASE ,~ ~~- ~~ PHONE 925_'27'i4 MAILING ADDRESS 414 N. Mill Street, Aspen Colorado 81611 OWNER LAMBDA LTD. PHONE X2141 R91-R't90 MAILING ADDRESS _8080 N. Central. No. 1100 Dallas Texas 75206 1806 LOCATION OF PROPERTY 1059 Little Woody Creek Road, Pitkin County Colorado. (see attached map ) Any pertinent data must accompany _this application, and will be made part of this Case. The Board may return this application if it does not contain all the facts in estion.n Applicant Signature ., , ~~~ +`~ (To be completed by the 2oniag Department) Provisions of the zoning resolution requiring the Zoning Official to forward this application to the Board of Adjustment, and reasons for not granting a building permit: S'~© Zone District Requesting: Lot Size ' Front Yard Setback Variance, where ' is required. ' Rear Yard Setback Variance, where ' is required. ' Side Yard Setback Variance, where ' is required. ' Side Yard Setback Variance, where ' is required. ~_' Height Variance, where ~' is required. Square Feet where a maximum of sq. ft. is allowed. Other: Zoning Official // '~-°' ,~ Application filed I ~ I .~ -~ a' Parcd'Y ID No. ~~ ~f3 - io / - o! - oa(~ Date of Meeting _ v7~ y ~ ~,~ ~ Notices Mailed ~ ~,J-~/~-- Secretary ~~~ ~t,~ _ Refer Resolution to Building Department Yes No i i i i i_i i_i OODUDI ~ ~~? NOTICE OF PUBLIC HEARING TO ADJACENT PROPERTY OWNERS BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to Pitkin County Resolution of June 5, 1955, as amended, a Public Hearing will be held in City Council Chambers, City Hall, First Floor, Aspen, Colorado (or at such other place as the meeting may then be adjourned) to consider an application filed with the said Board 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 serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. THE PARTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE ARE AS FOLLOWS: Date and time of meeting: owner: Name and Address of Applicant: Property Location or Description: February 4, 1992 at 5:15 p.m. City Hall, 1st Floor Council Chambers Lambda Ltd. William Lipsey & Associates 414 N. Mill Street Aspen, CO 81611 Parcel A Fox Ranch Subdivision, aka 1059 Little Woody Creek Road Requesting approval for a 10 foot height variance, where 12 feet is the maximum required per the Pitkin County Land Use Code. The applicant proposes moving and joining an existing house to an existing guest house log cabin in such a way that the existing log cabin serves as the dining room of the newly attached house. The floor of the moved structure must be level with the existing log cabin. The historic log cabin will be renovated. Approval of this variance will allow the structure to be 22 feet at its highest point. VARIANCES GREATER OR LE88 THAN REQUESTED COULD BE GRANTED. Duration of Variance: Temporary Permanent X THE PITKIN COUNT B RD OF ADJUSTMENT ~f Cindy Christensen, Secretary ~~nnn~ • ,-~_. .e`'~ ~~~P~ ~~ 1/13/92 ~~~ `a~ P~ Pitkin County Board of Adjustment 130 S. Galena Street Aspen, CO 81611 RE: Height variance for building located on Pazcel A, Fox Ranch Subdivision Exemption, 1059 Little Woody Creek Road, Pitkin County, Colorado TO MEMBERS OF THE BOARD: The applicant currently has a guest house adjacent to their main house. This structure is a historically designated log cabin with some more recent wood frame additions. This spring there will be an opportunity to recycle a nearby 1,500sf frame house that is scheduled for demolition. The applicant proposes moving and joining this house to the existing guest house log cabin in such a way that the existing log cabin serves as the dining room of the newly attached house. For this to function, the floor of the moved structure must be level with the existing log cabin. The historic log cabin will be renovated. Additionally the applicant would like to utilize space created by the new foundation under the moved house as a 2 car garage with storage and mechanical azeas. Current zoning allows accessory structure heights of 12'-17' (mid-point-ridge). The configuration proposed above will require heights of 22'-24' (a variance of 10' for the midpoint and 7' for the ridge). These figures constitute the specifics of this height vaziance request. There are certain hardships associated with this variance request: 1. It is being proposed that an EXLSTING house be recycled. As opposed to new construction, this structure has abuilt-in height and shave that offers no opportunity for manipulation relative to height limits. OOOUQ~ The historically designated log cabin is also an EXISTING structure that is worth saving and incorporating into the design of the expanded guest house. Its floor level and location on the topography aze fixed and thus limit alternatives. It is proposed that the present 2-story story wing now attached to the log cabin be demolished. The resulting new building configuration, although larger than what exists now, would be lower in height, thereby lessening an exisiting height non-conformity from the standpoint of visibility. Thus, in terms of site location and conformance with height limits, the two existing structures to be recycled and renovated constitute a hardship. 2. The moved 1,500 sf house will be placed on sloping topography. It will be in exactly the same place relative to topography whether a gazage is constructed under it or not. In either case a height variance would have to be obtained. Because of the location of this proposed site, the exposed 'built-in" garage doors would never be visible from any adjoining property. The applicant is permitted, by code, to build a separate 2 or 3 caz structure, but feels the "built- in gazage solution would have much less visual impact in terms of bulk and mass to his property. Additionally, the approved 1041 Minor Hazard Review building envelope would force a detached garage structure to be "squeezed" against the house structure. Given this topographic hardshi~n the applicant feels the overall best solution in terms of density and visual impact, is to tuck the garage under the house rather than creating a separate, highly visible structure. 3. Taking an existing house from a flat site and placing it on a sloped topography imposes certain constraints. The finished floor must be above grade on the high side of the slope. This means the structure will have stick out of the ground by a given height. Moving and reusing an exisiting structure allows little or no flexibility relative to height. In this case, topogLphic and xisting strncture hazdships combine and create an irreconcilable dilemma. Sincerely, GtJ,.GGrr- '~ William Lipsey, AIA 000004 Fox Ranch Sudivision Exemption--Parcel A List of Adjacent Property Owners 1/9/92 1. Sachs-Woody Creek Exemption Lot 2 1224 Little Woody Creek Alan Finkelstein 78 Jane St. New York, NY 11101 2. George Stranahan 2643-104-00-009 Track of Land situated in Lots 5 & 6 of Section 10 and Lot 3 George Stranahan Trust Real Estate Department 245 Summit Street Toledo, OH 43603 3. 796 Little Woody Creek 2645-102-00-007 That pazt of Lots 3,4 and 13 of, Section 10-9-85 being more fully described John Peters 405 S. Beverly Drive Suite 440 do Page Jenkins, Financial Services Beverly Hills, CA 90212 4. 0333 Woody Creek Road 2643-094-00-001 Parcel 1: T9S E85W W 6th P.M., Section 9---All that part of Lot 2 William Braun Box 337 Woody Creek, Colorado OODUO~ ,,~ DIRECTIONS TO PROPERTY (from Aspen) Take Lower River Road to Woody Creek Road. Turn left from Woody Creek Road onto Little Woody Creek Road. Proceed approximately 1 mile. On the left will be a sign reading "End of Track". This marks approximately the Western property boundary. Go past the main house on the left to the second gravel drive on the left. The vaziance sign will be posted at the turn. Take the drive azound to the West. A log cabin with a red roof will be seen on the right. This is the site of the proposed remodel. ~sir~ yS5~ e~ N o rN TO A6~~ No' ~fu.L.t nOOOUD MESSAGE DISPLAY TO Joanna Schaffner CC Roxanne Eflin From: Roxanne Eflin Postmark: Jan 23,92 10:11 AM Subject: Lambda height variance request Message: In response to the letter written by project architect Bill Lipsey, I feel that his height variance request is a topographic issue related to the addition (relocated/recycled non-historic house) - and is not directly associated with the preservation of the original cabin. This appears to be a design/floor plan issue. While we applaud his efforts in preserving what they can of the original cabin, and "recycling" another house, his request is purely an issue related to how the County measures height on sloping sites. The cabin's preservation is related to the addition by use alone. ----------=====X=====___------- 00000? - . <, .QS~ ~~ ~~ P~ 1/10/92 Pitkin County Board of Adjustment 130 S. Galena Street Aspen, CO 81611 1ti 3~~~ 0~1/ 3~3a O+ ~/ q'th/ Q00 ~~ 3~3~ RE: Height variance for building located on Parcel A, Fox Ranch Subdivision Exemption, 1059 Little Woody Creek Road, Pitkin County, Colorado TO MEMBERS OF THE BOARD: As Owner of the above referenced property I am fully aware of this application for a height variance by William Lipsey & Associates/River Studio Architects. I have no objections to this request. Sincerely, Charles J. Wyly, Jr. `~~ Lambda Ltd., General Paztner „_ 000008 - .-, . ;:. "SPEN/PITKIN PLANNING OFFICE~~ _"i t30 South Galena Stieet t - -~ ~ -:: . ~ - : -, -" Aspen, Colorado 816t1 ~ ~ ~ - - - ~ - ~ _ '. (303) 920-5090 ' " ~~ ~ ~ - LAND USE APPLICATION FEES - . -city _ '~ 00113 -, X3250-134 ~ GMP/CONCEPTUAL -_ ~ =63270-136 "GMP/FINAL ': -+63280,137 - - - .. ~ ' .-633004 39 '. - ~ ~ {3310-i40 " - ~ -63320-i4t ' - -` REFERRAL FEES: 00125 -63340-205 00123 ~- -63340-190 00115 E3340-163 -SUB/CONCEPTUAL SUBlFINAL - ' ALL 2-STEP APPLICATIONS ~'- ALL 1"-SEEP APPLICATIONS/ _ -0ONSENTAGENDAITEMS - ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL X3190-129 SUB/GENERAL b3200-130 SUB/DETAILED 63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 {3340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 $3080-122 -63090-123 -63140-124 -69000-145 -----r- J CITY/COUNTY CODE COMP. PLAN COPY FEES OTHER ( ~ Name: G fq~ L • jPi Address: p ,r1 r ~~ ~ ~)-~ ~ Z .~-', 7 Check p _ S'.~`.a Copies receNed: SUBTOTAL TOTAL ~- Phone: ~ S 3 ~3 ~-' Project :~ ~ Gnr ~ °e;t ,~ r Dater ~ -. / ~ %~~jZ 6 ~~~ ~ J • ~ County of Pitkin } AFFIDAVIT OF NOTICE BY } 88• POSTING OF A VARIANCE HEARING State of Colorado } BEFORE THE PZTKiN COIINTY BOARD OF ADJDSTMENT ,. The undersigned, being first duly sworn, deposes and says as follows: I, G.H. Van Moorsel / William Lipsey & Associates 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 .Ta.,~,-y 19~_, to the 4th day of February 19 92 (Must be posted for at least nine (9) full days before~th~ ~'earin~ date) . ~ s ~ Subscribed and savor to before me ~ this ~ day of ATU`V ~ ~~ 19 ~~2, by N WITNESS MY HAND AND OFFICIAL SEGyAL. ~fy Commission expires: ~ ( Z t ~. , 7 Nnt v D~,Y, ; ~~. ~;....~ ,,..... Address ~iFll OOOi}~.Q~{~ #34_ .• iii/C4/9C 14:26 F:ec ?. i~p •670 F'G 89 Silvia Davis, Pitkin Cnty C1erF::, Doc ~.Oii RESOLUTION OF THE PITRZN COIINTY~ COLORADO BOARD OF ADJUSTMENT GRANTING HEIGHT RELIEF FOR LAMBDA, LTD. RESOLUTION NO. 92-OS WHEREAS, Lambda, Ltd., owner of a tract of land situated at Parcel A, Fox Ranch Subdivision, requests a 10 foot height variance, where 12 feet is required per the Pitkin County Land Use Code, for construction of an accessory structure; and WHEREAS, the subject property is within the unincorporated area of Pitkin County, Colorado (as described in Exhibit "A", attached); 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 adjoining 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 substan- tial 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 l0 foot height variance be granted for construction of an accessory structure pursuant to the building plans submitted and labeled Exhibit "B", and due to practical difficulties. Modifications to the site plan shall be made with respect to retaining the natural grades beyond the end of the garage face of the Gruder house. CONDITION: The Zoning Department will review the driveway site plans upon building permit approval for conformance to the '~ modification request. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. Q0~(~? ~ #341916 '~/24/9< 14:26 Fec ~.0~) BY: •PG 90 Silvia Davis, Fit4in Cnty Cler4::, Doc $.U~i Resolution No. 92- ODD Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: February 4, 1992 ATTEST: ~`-~ Cindy Christensen, ecretary The Board of Adjustment of Pitkin County, Colorado ~~~ .~,G~~ .~ K di Sha f an, Chairman i OOOOi2 r LEGAL DESCRIPTION: PARCEL A, FOX RANCH SUBDIVISION EXEMPTION SITUATED IN LOTS- 3, 8, t3 AND 14 ,OF SEC11~N 10 TOWNSHIP 9 SOUTH, RANGE 8~ WEST OF THE SIXTH P.M. COUNTY OF PITKIN, STATE OF COLORADO ;URVEY CERTIFICATE _nt Survey was prepazed by Scazrow S ~vements on the above des¢ibed parcel on utility connections, aze entirely within 3s shown, that there aze no en¢oachments ~ments on any adjoining premises known to re is no appazent evidence oz sign of any rt of said parcel known to me, except as and rights-of-way of record as shown on n Title Company, commitment no. A81-106, `~-'~."~ •en R. Pace, L.S.M2 80 and on Behalf of Scarrow 6 Walker, Inc. #341916 6</~4/9? 14:^<6 Rec $.~~~~ EK. 670 F'G 91 Silvia Davis, F'it4~:in Cnty Cler~4_:, Doc ~.Qp ~~Q~1~ y ~ o) O I cp W ^ L N m ~ ~ U ~ Q .. O ~ ~ ~ a ~ c •~ ~ ~ ~ ~ °~ 7 c ~ ~ ~ ai ~ 3 3 U -'-' cn ~ ~ o o o `~ c a> O N to ~ h U ti U ~ ~ ~ A ~ q '~ o . ~ ~~~ W ~~ - ~ ~ ~ d , ~ ~ W ~ ~ ~ U #341916 0~/~4/9~ i.4: C6 Rec ~. i~p &F::: 670 F'G 92 Silvia Davis, F'it4*in Cnty Clerk, Doc 5.00 ~t ~ ~i ~x ~, 6. ~- rR+G4 UN¢ ~/ ~~ _i 1~0 i' _T._ . 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Case #92-07, Van Sant/Smart, Lot 5, Block 2, Filing 1, Gateway to Snowmass Mesa Subdivision Steve Smart was present to request approval for a 45 foot rear yard setback variance, where 50 feet is required in the RS-30 zone district, for construction of a proposed single-family residence. Smart stated that only one adjacent property owner is affected, Lot 4, owned by John Bruegger. Smart talked with Mr. Bruegger and stated that he has no problem with the proposed variance. Smart reviewed the plans with the Board and why the request is being made. There was no public comment. Smart stated that the reason for the proposed location is to save the large trees already on the property. Mathis stated that 5 feet from the property line is just too close. There is a utility easement and it was felt by Mathis and Wheeler that 10 feet is needed. After further discussion, Wheeler moved to grant a 40 foot rear yard setback variance, where 50 feet is required, for construction of a proposed single-family residence as per the plans submitted, due to topographical hardship. Shaffran seconded the motion and all were in favor. Motion passed. Case 92-08, Lambda Ltd., Parcel A, Fox Ranch Subdivision William Lipsey and Gert Van Moorsel, architects, were present representing Lambda Ltd., to request a 10 foot height variance, where 12 feet is required per the Pitkin County Land Use Code, for relocation of an historic accessory structure. This structure ooool~ (presently within compliance) is being relocated from Parcel B and attached to an existing guesthouse on Parcel A. A 45-acre fathering parcel was subdivided about 15 years ago into a 42 acre Parcel A and a 3 acre Parcel B. Located on Parcel A are a large ranch house, a guesthouse, historic log cabin remains, an existing garage, a principal residence, and a barn with a riding ring and corral. The owner wants to move the historic structure presently located on Parcel B, next to the guesthouse on Parcel A so that the floors are level. The historic structure will then be restored and become the dining room for the guesthouse. Shaffran stated that it was her understanding that if an owner owned contiguous pieces of property, they merge. Lipsey stated that the lots have been previously subdivided. Lipsey showed the Board what the present guesthouse looks like and what they have proposed. Lipsey stated that the historic structure has been identified by Roxanne Eflin, Pitkin County Historic Preservation Officer, as such. According to Eflin, the historic structure dates back to the earliest settlers in the valley. Lipsey stated that the applicant wants to save two viable structures, an historical structure and an existing guesthouse. The applicant does not want to demolish the structures. Lipsey showed the Board the proposed floor plans. The house to be moved from Parcel B to Parcel A has a certain geometry of its own. The roof is a certain height and is more or less fixed. The owner requests a 10 foot height variance to match the new roof ridgeline with the existing ridgeline. Lipsey stated that the nearest neighbor's house is over 1,000 feet away, with a ridge in between. Shaffran asked what the total square footage of the revised structure would be. Lipsey stated that the addition of the moved cabin to the existing guesthouse, would result in approximately 1800 total square feet, with a 2-car garage underneath. Shaffran stated that she believes keeping and utilizing viable structures instead of demolishing and starting all over is a good idea. Neiley also believes this is a good idea but believes the request is design-motivated. He cannot find a reasonable hardship for the request. Neiley asked if the height variance request is being driven by the fact that the owner proposes a below-grade garage and the way that height is now measured. Lipsey agreed. The applicant does not 2 Q~~U~~ ' i • want to use retaining walls, but will be doing landscaping and utilizing the natural bank. There was no public comment. After further discussion, Mathis made a motion to grant a 10 foot height variance, due to practical difficulties, with modifications to the driveway site plan retaining the natural grades to beyond the end of the garage face of the Gruder house. wheeler seconded the motion and all were in favor. Motion passed. Case #92-09, Lambda Ltd., Parcel B, Fox Ranch Subdivision William Lipsey and Gert Van Moorsel, architects, were present representing Lambda Ltd., to request a 45 foot northeast side yard setback variance, where 50 feet is required in the RS-20 zone district, for construction of a proposed single-family residence. Lipsey stated that this is a 3-acre parcel with the nearest adjacent property owner's house 1000 feet away with a ridge in between. Lipsey showed the Board where the existing house is now located and what will be built once this existing house is moved to Parcel A. The applicant went through a 1041 Hazard Review process which defined the building envelope where the proposed house is shown, thereby putting a further constraint onto the owner of where his proposed residence can be built. The applicant wants to use the existing driveway, and needs to stay away from the irrigation ditch/springs and a 30$ sloped defined by the 1041 Review. Shaffran asked Lipsey how much larger the new house will be from the one being moved. Lipsey stated that the new house will be about 7,000 square feet, compared to the existing house which is about 1,500 square feet. This lot size is closest to AF-2 zone district. The existing historic structure already encroaches into the setback by 16 feet. Neiley stated that the request is greater than the current encroachment into the setback and would support the current encroachment but no greater. Mathis agreed: After further discussion, Neiley moved to grant a 34 foot northeast side yard setback variance, as per the plans submitted, due to topographical hardship, physical characteristics, and nonconforming lot size. Dyer seconded the motion and all were in favor. Motion passed. ****************************************************************** Kandi Shaffran has turned in her resignation effective February 28, 1992. Evan Gull's and Rick Neiley's terms expire on March 1, 1992. Christensen will be sending Gull and Neiley applications to reapply 3 000017 for the Board. Hopefully, they will do so. We will have a special presentation for Shaffran at the April 7, 1992 meeting. The minutes of the January 7, 1992, meeting were approved as written. The meeting was adjourned at 6:50 p.m. Respectfully submitted, ~GLu~.. ~c~e~ Cindy L Christensen, Secretary Kandi S affran, Chairman 4 000018 PEN/PITKIN PLANNING OFFICE 730 S outh Galena Street Aspen, Colorado 61611 (303)920-5090 LAND U SE APPLICATION FEES city 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -- -63310-140 ALL 2-STEP APPLICATIONS 63320-141 _ ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 00723 -63340-205 ENVIRONMENTAL HEALTH 00115 -63340-190 HOUSING -- -63340-163 ENGINEERING -- SUBTOTAL County ,:' 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63160-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL ~: ' -63220-132 ALL 2-STEP APPLICATIONS - .? . _ -63230-133 ALL 1-STEP APPLICATIONS CO q , NSENTAGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT ' REFERRAL FEES: ~~.00125 " '~~00123 -63340-205 ENVIRONMENTAL HEALTH . % -63340-190 HOUSING 'D0113 -63360-143 ENGINEERING ''PLANNING OFFICE SALES `•,-110113 -63080-122 CITY/COUNTY CODE -63090-123 COMP PLAN -63140-124 COPY FEES -69000-145 OTHER Nsme: rn J~,' r; Address: '- -. v_: ~. _-~, i:Gheck q ..: ? v_. receive 11 L~ II-s ~r--_~ SUBTOTAL TOTAL ~~ '-= Phone: ~ ' ,' ...~ - ' 'r .e r5 Project:' 7 ~) L , +~ . Date: ~ , .,m .. QL a