HomeMy WebLinkAboutpitkin.boa.92.13
PITRIN COIINTY
BOARD OF ADJIISTMENT
DATE Z 3 I~ CASE ~ /~~/
APPLICANT r ~' V I~'k~~ wr PHONE ~Zp~ ~~IS
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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 question.
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:
5' Zone District
Reque$ting: 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.
~76~~ ~ Height Variance, where /z ~ is required.
Square Feet where a maximum of sq. ft. is allowed.
Other:
Zoning Official ~._:y~eexx:~ ~,~~
l ~ .. .
Application filed ~~'~~ d' Parce°~ ID No.~~~~ - -O( -O,?„Z
Date of Meeting 3 - 3C- 9 ~
Notices Mailed ~ -l 5,4~/ Secretary
Refer Resolution to Building Department ; _ ; Yes ~ _~ No
ODUU01 ~ 2~
NOTICE OF PUBLIC HEARING TO ADJACENT PROPERTY O~PNERS
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:
March 3, 1992 at 5:15 p.m.
City Hall, 1st Floor Council Chambers
James & Diane Otis, Jr.
Jim Curtis
117 South Monarch
Aspen, CO 81611
Lazy O Ranch
1150 Capitol Creek Road, Snowmass
Requesting approval for a 7'6" height variance, where 12 feet is
the limit per the Pitkin County Land Use Code, to legalize an
existing cabin to be deed restricted to an employe dwelling unit.
Approval of this variance would allow the structure to be 19'6" in
height.
VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED.
Duration of Variance: Temporary Permanent X
THE ITKIN COUNTY 0 OF ADJUSTMENT
Cind L. Christensen, Secretary
UOOUO,~
Snowmass Llamas and Alpacas Farm
Employee Dwelling Unit
Building Height Variance Application
January 31, 1992
Submitted to: Pitkin County Board of Adjustment
c/o Pitkin County Planning Office
130 S. Galena Street
Aspen, Colorado 81611
303/920-5090
Applicant: James, Jr. and Diane Otis
Julie and Bob Congdon
1150 Capitol Creek Road
Snowmass, CO 81654
(303) 920-1995
Planner: Jim Curtis
Curtis & Associates
117 S. Monazch Street
Aspen, CO 81611
(303) 920-1395
ooonna `
The Snowmass Llamas and Alpacas Farm Employee Dwelling Unit was approved by the Pitkin
County Boazd of Commissioners on February 11, 1992. The approval is to legalize and deed-
restrict anexisting 1,874 sf. cabin to an employee dwelling unit. The cabin is located on the
Snowmass Llamas and Alpacas Farm property in the Capitol Creek Valley generally across the
road from the Little Elk Creek Subdivision. The property is 39 acres and zoned RS-30 PUD.
The property has approval for a new principal residence and the cabin is therefor an accessory
structure as determined by the Planning Office. A location map of the property and photographs
of the cabin aze attached hereto.
A 7'6" building height variance is necessary because the existing cabin is higher than that
permitted by Code for an accessory structure. The height of the cabin is 23'0" to top-of-roof and
19'6" to mid-point of roof. The permitted Code height for an accessory structure is 12'0" to
mid-point of roof. Granting the variance will eliminate the hazdship of tearing the cabin down
to comply with the building height for an accessory structure. Granting the variance will also
the cabin to be legalized and used as an employee dwelling unit which is consistent with the
County Commissioners approval of the cabin and the County's goal of encouraging employee
dwelling units throughout the County. The cabin is existing and no changes or additions are
proposed, therefor granting the variance will not result in any detriment to the public good or
alter or impair the intent and purpose of the zoning district regulations and the policies and
regulations of the Code.
As part of the County Commissioners approval of a previous employee dwelling unit, the
Commissioners has asked the Planning Office to bring back a proposed Code Amendment that
will address the building height problems of employee dwelling units as accessory structures.
However, the Code Amendment will not be processed and adopted prior to coming before the
Board of Adjustment which is the only procedural way to address this difficulty at this time.
MLCr_e!laneous ApplicAtion Iter is
List Of Adjacent Property Owners -submitted separately
Owner's Consent Letter -submitted separately
Property Survey -not provided as a setback variance was previously
granted for the structure.
000004 .. ~ ; ;
,..
APPENDIX B
EMPLOYEE DWELLING iJNIT APPLICATION
SNOWMASS LLAMAS & ALPACAS FARM
ADJACENT PROPERTY OWNERS
This list of adjacent property owners has been compiled from the records of the Pitkin County
Assessor and Treasurer offices as of July 25, 1991 and is complete and correct to the best
knowledge of the applicant.
Allen H. Adger Bruce Anderson
Suite 106 0096 Little Elk Creek Avenue
201 N. Mill Street Snowmass, CO 81654
Aspen, CO 81611
Maurice Couturier
William J. Tofany 0100 Little Elk Creek Avenue
P.O. Box 9151 Snowmass, CO 81654
Aspen, CO 81612
Kevin Maloney
Cindy Lea Seazs Route 2, POB 85
P.O. Box 574 Warrenton, VA 22186
Snowmass, CO 81654
James, Jr. and Diane Otis
Maztin and Debra Leonazd 400 Skokie Blvd.
P.O. Box 536 Northbrook, IL 60062
Aspen, CO 81612
Anita M. Iannone
Randy and Diane Cote P.O. Box 5157
P.O. Box 453 Aspen, CO 81612
Snowmass, CO 81654
Patricia L. Adger
Michael Vernon P.O. Box 407
117 S Spring Street Snowmass, CO 81654
Aspen, CO 81611
Lazy-O Ranch Homeowners' Assoc.
Thomas F. Smith c/o James Otis, Jr.
P.O. Box 587 400 Skokie Blvd.
Aspen, CO 81612 Northbrook, IL 60062
Hugh A. Roberts
P.O. Box 307
Snowmass, CO 81654
;tr,
000005
January 31, 1992
!~
Julie Otis Congdon
Lazy O Ranch. I I50 Capi[al Creek Road, Snowmass, Colorado 81654
Telephone: 303-927-43 V
R'1X. 303 927-4058
Pitkin County Board of Adjustment
C/O Pitkin County Planning Office
130 S. Galena Street
Aspen, Colorado - 81611
RE: Owner's Consent to Application and Representation
Building Height Variance Application FSnployee Dwelling Unit
Snowmass Llamas and Alpacas Farnl
1150 Capitol Creek Road
Dear Board of Adjustment:
As the owner of the above referenced property, I hereby consent
for Mr. Jim Curtis to submit and represent said application before
the Boaxri of Adjustment.
Please feel free to give me a call on any questions.
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Location Map
Snowmass Llamas and Alpacas Farm U. S . G. S. North
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"SPEN/PITKIN PLANNING OFFICE "-
_ ~ _ ~ - ~ =_ 130 South Galena Street _
` ~~ Aspen, Cobrado 81611 -
- (303).920.5090
LAND USE APPLICATION FEES
clly
OON3 ~ -63250-134 ~ '-~ GMP/CONCEPTUAL
E3270-136 GMP/FINAL
-63280-137 ~ SUB/CONCEPTUAL
-63300-139 ~ SUB/FINAL -
~~ -63310-140 _
ALL 2STEP APPLICATIONS
-63320-141 ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125 -63340-205 ENVIRONMENTAL HEALTH
00123 -63340-190 HOUSING
00115 -63340-163 ENGINEERING
SUBTOTAL
County
00113 -63160-126 GMP/GENERAL
X3170-127 GMP/DETAILED
-63180-128 GMP/FINAL
-63190-129 SUB/GENERAL
-63200-130 SUB/DETAILED
-63210-131 SUB/FINAL
X3220-132 ALL 2-STEP APPLICATIONS
-63230-133 ALL 1-STEP APPLICATIONS
CONSENT AGENDA ITEMS
-63450-146 BOARD OF ADJUSTMENT
REFERRAL FEES:
00125 -63340-205 ENVIRONMENTAL HEALTH
00123 -63340-190 HOUSING
00113 -63360-143 ENGINEERING
PLANNING OFFICE SALES
00113 -63080-122
b3090-123
-63140-124
-69000-145
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CITY/COUNTY CODE
COMP. PLAN
COPY FEES
OTHER .. J
Name: Y.vw..a L ,,L:
Address: ~~ j ~7 ~~/ !/ ct
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Copies received:
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County of Pitkin
State of Colorado
The undo
follows:
I,
} AFFIDAVIT OF NOTICE BY
} ss. POSTING OF A VARIANCE HEARING
} BEFORE THE PITRIN COIINTY
BOARD OF ADJIISTMENT
being first duly sworn, deposes and says as
being or
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
day of was posted and visible continuously from the
eLjfc~`'/ , 19 ~7/ , to the ' r~-
day of f ~' l Gtr~ 197/ . (Must be posted for
at least nine (9) full days before he hearing /d to .
plicant's Signa ture
Subscribed and sworn to before me
this ~oZ day of ~ ,
19~, by .~'RN ~ S L . Gl.t t2 T LS
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires:
Not y Public' Si atu
Addre
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REBUILT WILLIAMS CABIN
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REBUILT WILLIAMS CABIN
#342730 C>3/ 1~9~ i. 1 : <5 Fiec ~. QO BFI: 672 FTC` 296
Si ]. via Davis, F'itV:.in Cnty Clerk, Doc $.frq
RESOLUTION OF THE PITRIN COUNTY, COLORADO
HOARD OF ADJUSTMENT
GRANTING HEIGHT RELIEF FOR SNOWMAHH LLAMAS 6 ALPACAS FARM
RESOLUTION NO. 92-13
WHEREAS, James and Diane Otis, Jr., doing business as Snowmass
Llamas & Alpacas Farm, owners of a tract of land situated at 1150
Capitol Creek Road, requests a 7'6" height variance, where 12 feet
is required per the Pitkin County Land Use Code, for an existing
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
7'6" height variance be granted, due to pre-existing conditions.
WARNING: Any violation of the terms of this resolution may
result in rehearing and possible revocation.
00001?
#34,^_f3i~ 19/92 11:25 Rec ~.Op BK: ~ FG 297
Si 7. via Davis, F'itk:in Cnty Cler4::, Doc $.ixi
Resolution No. 92-1 3
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
The Board of Adjustment
of Pitkin County, Colorado
ATTEST:
Cin L. Christensen,
Secretary
Evan Gull,
Acting Chairman
000013
#342f3U i~3/19/92 ].1:2v Fiec ~.ci~J B{:r 672 F'G 298
Si 1. via Davis, F•itF::in Cnty Clerk, Doc ~.i~c"~
EXHIBIT "A"
Legal Description
for property owned by
James & Diane Otis, Jr.
dba Snowmass Llamas & Alpacas Farm
1150 Capitol Creek Road
Pitkin County, Colorado
000014
#3~+2r'3U 03/19/92 11:25 fie .tip E#' 672 F'G 299
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Minutes
Pitkin County
Board of Adjustment
March 3, 1992
Members Present: Evan Gull, Acting Chairman
Stan Mathis
Members Absent: Rick Neiley
John Wheeler
Ted Guy
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 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.
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
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7
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 Village
John "Hans" Raaflaub was present to request a 78 foot front yard
setback variance and an li 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 Cabitol 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
000017
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 alot 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 Service 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.
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
0001°
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 X92-15 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, Kanan, Ronald. L2 B4 F2 Gateway to Snowmass SJD
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.
Kanan 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 Kanan).
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 Kanan put in a
temporary access without a permit hoping that a permanent access
could be made out of it.
Kanan 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 Kanan 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 Kanan 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 Kanan 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 Kanan 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
OODU1~
•
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 #92-16 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,
.~e~--
Cindy L. Christensen, Secretary
5
Evan Gull, Acting hairman
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PEN/PITKIN PLANNING OFFICF
~
730 South Galena Street
Aspen, Colorado 81611
(303)920-5090
LAND USE 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/ -----~---~
CONSENTAGENDA ITEMS
REFERRAL FEES:
e, 00126 -63340-205 ENVIRONMENTAL HEALTH
00123 -63340-190 HOUSING
00116 -63340-163 -----_
ENGINEERING
SUBTOTAL
k
County
00113
-63160-126
GMP/GENERAL
-63170-127 GMP/DETAILED ~'-
- -63160128 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
CONSENT AGENDA ITEMS ~~
-63450-146 BOARD OF ADJUSTMENT
REFERRAL FEES:
00125 -63340-205 ENVIRONMENTAL HEALTH
00123 -63340-190 HOUSING
00113 -63360-143 ENGINEERING --
PLANNING OF FICE SALES
00113 -63080-122 CITY/COUNTY CODE
-63090-123 COMP PLAN ------~
-63140-124 COPY FEES ~~-
-69000-145 OTHER ~--
SUBTOTAL --~
TOTAL
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