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Home My WebLink Aboutpitkin.boa.92.10! i PITRIN COIINTY BOARD OF ADJIISTMENT DATE January 30, 1992 CASE ~ ~`O~~C APPLICANT Houghton and Patricia Trott PHONE 925-3728 MAILING ADDRESS Box 1994 Aspen, CO 81612 OWNER Same PHONE Same MAILING ADDRESS Same LOCATION OF PROPERTY -O~~a n. Colorado 7~c.c-h L~ 5I ~. 1`~S, ~~~'?L~~ 1~s,k~~,~e~ C,tict~c~~ra f:.{~c~~~tu 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 ques 'on. Applicant Signature ~ ~~ (TO be completed by the Zoninq 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: I7~"/ Zone District Requesting: S ;uc Lot Size ' Front Yard Setback Variance, where ' is required. ' Rear Yard Setback Variance, where ' is required. ~_' ~ Side Yard Setback Variance, where J ~> ' is required. ' Side Yard Setback Variance, where ' is required. /E" Height Variance, where ~' is required. Square Feet where a maximum of sq. ft. is allowed. Other: Gxti Zoning Officialy~~ /,~rl~~~Fy~) - i ~~ Application filed ~''Jo"~a' Parc ID No. ~ (oJ~ /-~ 3~- D- D~~ Date of Meeting 3 '.J- l~_ Notices Mailed ~~~ ~~_ Secretary Refer Resolution to Building Department ; _ ; Yes ; _; No 0~~~~1 ~ ? t'.d NOTICE OF PIIBLIC FEARING TO ADJACENT PROPERTY OWNERS BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR 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: March 3, 1992 at 5:15 p.m. City Hall, 1st Floor Council Chambers Houghton & Patricia Trott Houghton & Patricia Trott Box 1994 Aspen, CO 81612 Tract 67, Section 13, Twnshp 8 South Range 87 West; behind Orchard Estates Requesting approval for a 19 foot north side yard setback variance, where 30 feet is required in the AF-1 zone district; and a 1'8" height variance, where 12 feet is required per the Pitkin County Land Use Code, for an existing garage. Approval of this variance would bring the structure into conformance. VARIANCES GREATER OR LE88 THAN REQUESTED COULD BE GRANTED. Duration of Variance: Temporary Permanent X THE PITKIN COUNTY BOA D OF ADJUSTMENT Cindy Christensen, Secretary SP 00000? RE:Garage Building at Trott Property 300 Horseshoe Drive Emma-Basalt, CO We are applying for a building permit for a non-conforming garage building, which was an existing building when we purchased the property. The property was purchased: closing, April 16, 1990; final payment April 15, 1991. from: Jack and Donna Mason 50-1600 Road Delta CO 81416 (303)874-7416 When we purchased the property, we were not notified, nor were we aware of the non-conformity of the garage building. (We financed the payments privately. Although we do have title insurance, we were advised by our realtor that had we applied for a mortgage loan, this information would have turned up in the title check.) Upon recent inquiry to the Masons, Mr Mason states that he built;. the garage about four or five years prior to our purchase, and that no building permit was obtained. As the photographs show, the building was left with exposed sheathing and no finished exterior siding. There is no insulation, heating or water in the building. We now have this property listed for sale, and hesitate to go ahead with any buyer without a permit for the existing garage. Houghton and Patricia Trott Box 1994 Aspen, CO 81612 (303) 925-3728 r~ OOU043 ADJACENT PROPERTY OWNERS Thomas Clark 0501 Sopris Creek Road Basalt, CO 81621 Michael Connors 0172 Horseshoe Drive Basalt, CO 81621 Helen Kralich Box 1054 Basalt, CO 81621 Richard J. Bird 230 Crameria Street Denver, CO 80220 John J. Girdig 1776 Emma Road Basalt CO 81621 >, ~~~~~~> i O ~ a~ C O o L >_ ~_, ~ O~ i~ i ~ > m C N ~ N 3 o ' N O ~ S~ ~ ~ ~o U Ol c - L lA ~/1 v ~S5':v~ -7"3~`r~'~ S/'7c~OS o m O to O o .-. v O _ _ _ .-_~ __.._______ _-_.__..._--~~ -_ \ K N dJ ~O 2 O O 4- i +~ ~ T _ _.. ._ ____ +-~ ~' i / S E ~, E a-~ oL L N ~ - a ~O w 3 'p rtl +~ 4- Z'. 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''t30 ~outh Galena Street - _ - ~ - ' Aspen, Colorado 81611 _ - - ?0303) 920.5090 ~ y LAND USE APP.LICATIOM FEES~ " ~~ . ... ..: ,.~:. -OU113 . • ,,-69250 134 6MPlCONCEPTUAL ~ - . _ ~. ~~~~3270 136 ~~,G~xiP/FINAL '~ ' ' ;-63280.137 ~_;- $U6/CONCEPTUAL - "~ ~~-63300-139 , '; --: ; ;:SI~B/FINAL - ~ _ -63310 140 • • ALE 2-STEP APPLICATIONS . - , ~$332014t - ~,- ~ AlL-1-STEP APPLICATIONS/ , ~, CONSENT AGENDA ITEMS ~4 n: REFERRAL FEES; ' 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 33340-163 ENGINEERING SUBTOTAL County 00113 33160-126 GMP/GENERAL 33170-127 GMP/DETAILED -63160-128 GMP/FINAL 33190-129 SUB!GENERAL -63200-130 SU&DETAILED 33210-131 SUB/FINAL 33220-132 ALL 2-STEP APPLICATIONS 33230-133 ALL 1-STEP APPLICATIONS CONSENT AGENDA ITEMS 33450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00725 -63340-205 ENVIRONMENTAL HEALTH 00123 33340-190 HOUSING 00113 33360-143 ENGINEERING PLANNING OFFICE SALES 00113 33060-122 CITY/COUNTY CODE 33090-123 COMP. PLAN -63740-124 COPY FEES 39000-745 OTHER = .Name: ~Ci L f O l l Address: ~T~ C~ ~ ~~7 ~~?.Check # ~JS~ ', Copies received: .~'~5 SUBTOTAL TOTAL ` ' Phone Project: ~o-,c~ o :;<7 ~1%,=.~'` i /C Gil Q Date: ~~.~ ~ ~~- #ofHours: !i ooouo~ • r County of Pitkia } AFFIDAVIT OF NOTICE BY } ss. POSTING OF A VARIANCE HEARING State of Colorado } BEFORE THE PiTRIN COIINTY BOARD OF ADJIISTMENT The undersigned, being first duly sworn, deposes and says as follows: 1~ I, Houghton M. & Patricia P. Trott , 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 23rd day of February , • 19 92 to the 3rd day of March 19 92 (Must be posted for at least nine (9) full days before t e;%h/ear//~ijng da ) . Y plican s S' n ture `ubscribed and sworn /t~o~ before me ~•his ~~ day of ~--~U"U-~ , ;~9~~ by ~; ~. 72G ` ~y iTNESS MY HAND AND OFFICIPi~.r~~0 ~ ~. " X~~=~y'~iy Commission expires: `•% ' . , r ~°•` ~~. ~~~ Notary Publ ' c' s Signatur~jl~ .vt~tl,~i'~ ;; ~U~~Q7-~ ~i ooouo~ -~ #k342727 ~_ ~ ~ f" ~7=_ 1 i.: ~3 Fiec ~. ~it> f3k:. 672 Pte, X284 Silvia Davis, F'itV;in Cnty Cler4::, Doc ~,cii~ RESOLIITION OF THE PITRZN COIINTY~ COLORADO "~~~' Z 5 ly`~2 BOARD OF ADJIISTMENT GRANTING SETBACK AND HEIGHT RELIEF FOR PATRICIA 6 HOUGHTON TROT`P RESOLIITION NO. 92-10 WHEREAS, Patricia & Houghton Trott, owners of a tract of land situated at Tract 67, Township 8 South, Range 87 West, Section 13, requests a 19 foot north side yard setback, where 30 feet is required in the AF-1 zone district, and a 1'8" height variance, where 12 feet is required per the Pitkin County Land Use Code, for an existing garage; 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 19 foot north side yard setback variance and a 1'8" height variance be granted, due to practical difficulties not of the owner's making and per the plans submitted (Exhibit "B"). WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. 000010 #34~~^!3/1.9/92 i1:~3 Fec 9~.t~~i ik:~2 F'G 2H5 Silvia Davis, Fit4::in Cnty Clerk:, Ddc ~.U~? Resolution No. 92-~ Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: March 3, 1992 ATTEST: l~ Cindy Christensen, ecretary The Board of Adjustment of Pitkin County, Colorado Evan Gull, Acting Chairman oooo~l ~-, ~ r~3/14/92 il:''~ Fec ~.oc, BtK: 672 PG 286 Pitt::in~Cnty Clerk:, Doc ~.c]tr #347<~ Silvia Davis, rt That portion of Tract 67, Section 13, Townsh.ia t: Sr,uth, Ranoe 37 Nest of the 6th Principal 11eridian more particularly deseribed as ic,llo,:s: • :~ :•- ., ,~.: ~ . `cUF COL~^`P Beginning at a point on the llnrt.h line of said'ra;.t f7 whence An,rle P;~int 2 for said Tract 67 bears .South 89°02'(10" .test 1250.85 feet; - thence.along the tlortl- line of said Tract 67 t:,;rth 89°02'00" C,•rst 533.:12 feet, more or less, to Ure cente r of Sopris Creek; thence along [he center of Sopris Creek on the follo~+inq courses: South 40°47'41-".East 124.01 feet, South 23°]~'l2" Eas[ (41.)5 feet, South 10°44`15" - East 66.56 feet, South 49°20'45" East 14.36 fret; thence•South 40°A4'11" Nes[ 405:09 feet; thence~ltorth 35°45'59" 1lest )35.23•fect to the point of beginninn. Together with"an'ebsement and right. of` way 30 (er.t in width for ingress and egress to the above described tract aTonn an er.isting roadway over and across grantors' property Soaftheasterly and adjacent to the ~bnve described tract, fur joint use by•~:rantors and ~tr-anteta , their heirs, successors and assigns, (ram the County Roacl over and acrc,ss nrantcrs' property.•to [he.above described tract. County of Pltkin, S[ate.of Colorado ..- OD001? ~ KEN ~Y. ~SCHM(%ESER GORDOM AlEYER /NC. 1512 CRANO-AVENUE, SUIrE ?1? . .. ~. n,c~nunnn cOArNGC raoatDO B16ot NOTE: T .. ~ 1 M _ ; IMPROVEMENT . COCAT/ _0300 - HORSESh /1~ (O~^ Vl I / L y / ~t' -~0~ i / 5~~~2 ~ ~ i / Ff~ ~/ R ~ .7[Y ~ 6' n i..r ~ / W 8 e Q i ~~I Y aWx , € . ~gg R l^~ `W U p 00003 / 5 ~~~ ~/ ~/ i L ~ /~~ P \1 ~~~ ,~~ ~; ~; ~ V ° p G ~ ° u: m c U ~ s g. u t4 -°. o , p p U Y W V ° YO% ~ .°. ~ p p i L y y i 0 4 u a ao-.p C M w^ p Y 4 ° Y C W ~ O C G tit u G O u u V U'p+` V C Y Y ~E`E~e~~ ~>;;^~u. '~ C ~ C Y l e° y ~ u ° > ~ 4 ~ 2~2~Guq~ ~' Minutes Pitkin County Board of Adjustment March 3, 1992 Members Present: Evan Gull, Acting Chairman John Wheeler Stan Mathis Ted Guy Members Absent: Rick Neiley Rod Dyer Staff: Joanna Schaffner, Zoning Enforcement Gull opened the meeting at 5:20 p.m. and introduced the Board to those present. Patricia and Houghton Trott were present to request approval for a 19 foot north aide yard setback variance, where 30 feet is required in the AF-1 zone district; and a 1'8" height variance, where 12 feet is required per the Pitkin County Land Use Code, for an existing garage. Patricia Trott stated that they want to legalize this nonconforming structure before they sell the property. They had bought this property without knowing that the garage was built within the setbacks, was over the height limitation, and was built without a permit. There was no public comment. The lot size is 5.3 acres and would match an AF-2 zone. After further discussion, Wheeler moved to grant a 19 foot north side yard setback variance and a 1'8" height variance, per the plans submitted, due to practical difficulties not of the owner's making. Mathis seconded the motion and all were in favor. Motion passed. Jim Curtis was present to represent Peter Ziegler to request a 1'9" height variance, where 12 feet is required per the Pitkin County Land Use Code, for an addition to an existing structure. Curtis briefed the Board on the Ziegler's request. This is an existing caretaker unit. The Board of County Commissioners revised the code amendment on employee dwelling units that allow for bigger 1 000014 units. Ziegler wants to add approximately 550 square feet to the rear of the 1500 square foot existing structure. The ridge is 15'10" and the height variance would enable the Ziegler's to tie into the existing structure. There was no public comment. After further discussion, Guy made a motion to grant a 1'9" height variance, due to practical difficulties, as per the plans submitted. Wheeler seconded the motion and all were in favor. Motion passed. Case #92-12. Raaflaub. John "Hans". Tract 2. Prince Creek Villaae John "Hans" Raaflaub was present to request a 78 foot front yard setback variance and an it foot west side yard setback variance, where 100 feet and 50 feet, respectively, are required in the RS- 30 zone district, for construction of a proposed single-family residence. Raaflaub briefed the Board that there is about 5-1/2 acres on this lot. The building envelope was created by a 1041 Hazard Review that was granted in December 1991. Gull stated that this would be a downzoning issue as the setbacks are for a 30 acre lot and this is only 5-1/2 acres. Guy asked if there were any specific subdivision covenants that the homeowners had to abide by and Raaflaub stated that he was unaware of any. Guy asked if where the building envelope is shown was the only flat spot on the lot and Raaflaub stated that it was. Gull passed around the photographs submitted in the file. Gull read two letters into the record submitted by adjacent property homeowners, Mrs. Evelyn Bowers and Mr. Charles G. Plimpton, III, objecting to the request being made. - Guy stated that he believed a site visit was necessary on this case and would like to see the minutes on the 1041 hazard review. The memo on the 1041 review will be brought to the site visit. Guy moved to continue this case at a site visit to on Monday, March 9, 1992, at 8:30 a.m., at Tract 2, Prince Creek Village Tracts. Mathis seconded the motion and all were in favor. Case #92-13 Snowmass Llamas & Alpacas. 1150 Capitol Creek Road Jim Curtis was present representing James and Diane Otis, owners of Snowmass Llamas & Alpacas, requesting a 7'6" height variance, where 12 feet is required per the Pitkin County Land Use Code, for an existing structure. Curtis stated that under the new employee dwelling unit provision that was adopted by the Board of County Commissioners, the Otis' 2 000U1~ received permission from the BOCC to legalize and deed restrict an existing structure as an employee dwelling unit. This existing structure is 7'6" higher than what the Code allows. The structure will not be changed. There was no public comment. After further discussion, Guy moved to grant a 7'6" height variance, due to pre-existing conditions. Wheeler seconded the motion and all were in favor. Motion passed. Chuck Roth was present to request a 70 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, for construction of a recreational cabin which will be approximately 550 square feet. Roth stated that they received a minor 1041 hazard review approval from the Planning Office. This 1041 review was for floodplain purposes. Roth stated that the topography is not steep, but there are slot of trees around the area. There was no public comment. Gull read the letter submitted by Thomas Kuekes, Acting District Ranger for the Forest Service, into the record objecting to Roth's request. Mathis asked Roth if the Forest SeYVice was notified when the minor 1041 hazard review was done. There was a minor 1041 hazard review done on this property and Mary Lackner, County Planner, found that the building envelope and driveway were not in any 1041 areas of concern. The only referral was with the County Attorney who checked for merger. After further discussion, Guy made a motion to grant a 70 foot front yard setback variance, due to nonconforming lot size, and per the plans submitted. Mathis seconded the motion and all were in favor. Motion passed. case ~yL-15 ISdxer Wllllam a aL 11Ca LVI, iv nv~.iuaau aaiii~ William Baker was present to request approval for a 60 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, and a 116 foot Highway 82 setback variance, where 200 feet is required per the Pitkin County Land Use Code, for construction of a proposed addition to a single-family residence and construction of a proposed detached garage. Baker stated that this was a model home that was built to try and sell log homes. This is approximately a 1-1/3 acre lot and Baker stated that they would comply with Holland Hills covenants. 3 000016 Guy stated that one of the Board's duties is to grant the minimum variance needed and believes there are other options for the proposed garage. There was no public comment. Guy stated that the Board should do a site visit after Raaflaub's and also have Schaffner show the Board the other Highway 82 setback approvals for the Holland Hill area. Guy moved to table Case #92-15 to Monday, March 9, 1992, at 10:00 a.m., at Lot 10, Holland Hills. Mathis seconded the motion and all were in favor. Case #92-16. Kahan. Ronald. L2. B4 F2 Gateway to Snowmass S/D Ronald Kanan was present to request a 25 foot front yard setback variance, where 100 feet is required in the RS-30 zone district for construction of a driveway. Kahan stated that he has the Homeowner's Association approval on his request. Schaffner informed the Board that the access which was approved is not the one that is shown on the submitted plans. The change in access now locates the house within the required front yard setback. The present access was put in without a permit and is the one which the Homeowner's would like (per Kahan). Gull stated that this would be a downzoning issue and would have no problem granting what has been requested. Guy stated that he agrees with Schaffner in that Kahan put in a temporary access without a permit hoping that a permanent access could be made out of it. Kahan wanted the record to state that he feels that Guy has objections because of Kanan's and Guy's prior associations. Guy stated that he believed Kahan has done a good job and was unaware there were any problems. Guy stated that he would vote against the variance request because of how Kahan went around the process. Mathis stated that he agrees with Gull in theory, but it is hard for him to get around the issue of how the access came about. It was mentioned that Kahan has the option to table until the next meeting when more Board members might be present to discuss the access/variance issue. Guy stated that he can't vote for the request because Kahan went around the process and if he would vote for the request, then anyone could submit plans, build what they want, and then come in ask for a variance. 4 ~Q~V~7 I ~ • Kanan stated that the existing access was excavated as a temporary "construction" access. Schaffner explained to the Board that an access permit is issued prior to issuance of a building permit, so that access to the lot can be obtained. Guy suggested that the case be tabled to April 7 when other members of the Board are present and Kanan could have a better chance at getting approval, if this would not stop the construction progress. Mathis suggested to Kanan to table this case until April 7 and bring a letter from the Homeowner's Association (or have a member present) stating their reasons for the preferred access. After further discussion, Mathis moved to table Case X92-16 to the April 7 meeting, with construction to continue until the access issue can be resolved. Guy seconded the motion and all were in favor. ****************************************************************** There will be a special presentation for Kandi Shaffran at the April 7, 1992 meeting. Chairperson will also be elected at the April 7 meeting. The minutes of the February 4, 1992, meeting were approved as written. The meeting was adjourned at 6:50 p.m. Respectfully submitted, ~_ Cindy L. Christensen, Secretary Evan Gull, Acting hairman 5 o~~U~O `i LAND USE AppL~CATION FEES city 00113 -63250-734 -63270.136 GMP/CONCEPTUAL -63280-137 GMP/FINAL -63300-139 SUB/CONCEPTUAL -63310-140 SUB/FINAL -63320-1q7 ALL 2-STEP gppLICATIONS ALL 7-STEP gppLICgTIONS/ CONSENTAGEND q ITEMS 00725 REFERRAL F EES: 00123 X3340-205 -63340-190 ENVIRONMENTAL HEALTH 00775 -63340-163 HOUSING ENGINEERING :ounty SUBTOTAL 0113 -63160-126 -63170-127 GMP/GENERAL -63180-128 GMP/DETAILED -63190-129 GMP/FINAL -63200-130 SUB/GENERAL -63210-131 SUB/DETAILED -63220-132 SUB/FINAL -63230-133 ALL 2-STEP gppLICATIONS 6 -634 ALL 1-STEP APPLICATIONS CONSENT AGEN 4705 DA ITEMS BOARD OF gp~UST " MENT ?5 REFERRAL FEES. '3 -63340-205 -63340 790 ENVIRONMENTAL HEALTH 3 _63360143 HOUSING _ ENGINEERING - INING OFFICE SALES I -63080-122 -63090-123 CITY/COUNTY CODE -63140-124 COMP. PLAN _ -69000-145 COPY FEES OTHER _ SUBTOTAL _ - ~ ~ r ,-%.ii. ~ TOTAL o . ",,~<,; Phone ~EN/P~TK~N p~ANNING OFFICE 130 South Galena Street Aspen, Colorado 87577 (303) 920-5090 Project: ~- r,.I Date // ~ ~ 7- ~ ~ # of Hours.