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HomeMy WebLinkAboutpitkin.boa.92.17PWE' 1~ '9~ 1J~c[~ =.T R'(F.EF'~SF'OWfI HF'~.H'~. ' ~ rxsxxa cocrNSx HO]1RA OF ?aDJU$TASENT DATE ~ I ~`1 I~ Z F a, ~ It ~~SS I (~ CASE # ~_~ APPLICANTvleV1l1«~f~-~ ~I~ct~aU~S PHONE ~~'S=CSg~7 MAILING ADDRESS 30~~ ~ ~~I Vti'~"~ h ~ ~ ~~-- ~ S(~'~ ~ ~ _~ OWNER ~~-~"''`e- PHONE ~ C° SK-1 MAILING ADDRESS ~"'^^e- TACATI4N OF PROPERTY OTC I t~ ~ ~rtrt~~ ~ n~ie ~C7c~c~ Any pertinent data must accompany thiq application, and wi).1 be made part of this Case. The Board may return this applicatian iP it daes not contain all the facts in quest'on. Applicant signature (TO be completed by the Zoning 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: Zone District Requesting: ,3ac Lot Size „~~_,_,_' Front Xard Setback Variance, where ~' is required. ' Rear Yard Setback Variance, where _' is required. ~17 G/ Side Yard Setback Variance, whew fir' 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~2wcec~ /,/~1~t~~1,~.~0 Application filed ~ ~l ~ -~a' Parce ID No. ~"I ~~-Ong - - Date of Meeting ~~ D l Notices Mailed _~3~~~P- ~~,! Secretary d J ~L`~- Refer Resolution to Building Department ~~; Yes ' ~ No ooooal off' zq ~_~ r ~~ M 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: April 7, 1992 at 5:15 p.m. City Hall, 1st Floor Council Chambers Glenn Horn and Alice Davis Glenn Horn and Alice Davis 300 East Hyman Avenue, B Aspen, CO 81611 0810 Little Annie Road Requesting approval for a 56 foot front yard setback variance and a 17 foot west side yard setback variance, where 100 feet and 30 feet, respectively, are required in the AF-1 zone district, for construction of an addition to a single-family residence. Approval of this variance would locate the proposed addition 44 feet from the front yard property line and 13 feet from the west side yard property line. VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED. Duration of Variance: Temporary Permanent X THE TKIN COUNT O D OF ADJUSTMENT indy Christensen, Secretary ,~. ~0~04~ N ~ Davis I-~®~rn~- PLANNING • APPRAISING • REAL ESTATE CONSULTING March 13, 1992 Board of Adjustment Pitkin County 130 S. Galena Street Aspen, Colorado 81611 Dear Board Members: Alice Davis and I own a 2,100 square foot size house located at 0810 Little Annie Road on a 2.3 acre lot (refer to attachment 1 vicinity map). The subject site is zoned AF-1, therefore the existing lot is sub-standard because it fails to meet the minimum lot size in the zone district. The house was constructed by Waddy Catchings in 1967. we are requesting a variance forL2•e~foot west side yard setback and a 44!'front yard setback. This letter first addresses the side yard setback variance and then the front yard setback variance. Side Yard Setback Due to the site topography, Waddy correctly built the house 44.6 feet from the west property line. This is the best location for the house because as depicted on attachment 2 the site slopes in an east to west direction and the selected site is the most level piece of ground. In 1987, after our first child was born we expanded the 840 square foot house toward the east (side) utilizing all the flat ground in that direction. We had another baby this year and need to expand again. As depicted by attachment 2, in 1987, we graded the site back to the east making it impractical to expand again in that direction. An expansion to the east would require either a retaining wall or extensive grading work. Additionally it would aggravate an already bad drainage problem. our house is located at the 9,300 foot elevation and we regularly have significant snowpack. Therefore, in the spring, due to the site topography, water regularly leaks into our basement. If we expand further to the east this problem would be exasperated because the addition would be in a hole. The most logical direction to expand the house is to the north (rear) or west (side). We would prefer not to expand to the north because there will not be any sunlight and we will not be able to utilize the sunlight to heat the house. Our house has numerous large windows on the south side and generally, on sunny days in the winter we do not need to heat the house. Our neighbor to the west, north and east Castle Creek Investors ALICE DAMS, SRA I GLENN HORN, AICP 300 Fi~SL FiVMAN • SURE B • ASPEN, COLORADO 87617 •303/9256587 • EAX: 303/925-5180 OU0003 M Incorporated (CCI) is the owner of a 67 acre vacant parcel. We have discussed our side yard setback variance with John Miller, President of CCI. Miller has no objection to the side yard variance and will be providing a letter indicating his support for our request prior to the hearing date. Attachment 1 depicts the relationship of the subject site to CCI's land. The map shows that CCI's owns an unusable panhandle of CCI's land bordering our west property line. Most of the ground within the panhandle is a very steep, undevelopable hillside. Based upon the size of CCI's land and the characteristics of the "panhandle" adjacent to our west property line it is very unlikely that there will ever be any development in the "panhandle." In fact, CCI is seeking land use approvals for a single-family building envelope to the southeast of our property. Based upon these considerations, we are planning to expand the house 3Li' feet to the west on the site's most level ground (see attachment 2). As the floor plan indicates, an expansion to the west will enable the expanded kitchen and new bedroom to face south for the most passive solar gain. we are eligible for the side yard setback for the following reasons: * The subject site is a sub-standard size lot and strict adherence to the zoning regulations creates a hardship. * Due to the site topography, it would be difficult to expand the house to the east. The slope to the east would need to be retained or completely regraded. * By expanding to the west we can take advantage of the sun to heat our house with passive solar energy. Front Yard Setback Attachment 2 , the topography map and Exhibit B, the survey show that the subject site has an unusual shape. The house sits on a small hill above a significant switchback in Little Annie Road. For those of you familiar with Little Annie Road, the switchback is located just before the white dome house. If measured along our driveway, the house is setback approximately 160 feet from the front property line. In fact, when we expanded the house in 1987, Patsy Newbury did not require us to obtain a front yard setback because she considered the house to have a 160 foot front yard setback. However, a literal interpretation of the Code requires the setback to be measured from the switchback (refer to attachments 2 and Exhibit B). Based upon this methodology the existing house is only setback 46 feet form the front yard property line at the closest point. If we expand to the west, due to the unusual lot shape, we will encroach further into the front-yard setback. The west ODUUU4 ~~ M N addition will be only y y ± feet from the front yard above the switchback. We have discussed our front and side yard setback variance requests with our neighbors. Prior to the hearing we will provide letters from Molly Heizer, our closest neighbor (dome owner), Randy Gold (one house down the Road) and Mark and Linda Bedell (two house up the road) indicating their support for our variance request. We are eligible for the front yard setback for the following reasons: * The topographic conditions described in the preceding section; * The exceptional physical characteristics of the property and the relationship of the property to Little Annie Road; and * The capability to heat the house with passive solar energy if expanded to the west. Summary This letter has explained our reasons for seeking front and side yard variances. As explained in the letter, we shall provide letters from our neighbors supporting our request prior to the hearing. We shall also bring pictures of the site to the meeting. Thank your for considering our request. Sincerely, DAV S(1HORN INCORPORATED C_.-~._~~~' GLENN HORN AICP 00000 C~ List of Adjacent Property Owners Molly FIeizer Box 10132 Aspen, Colorado 81612 Castle Creek Investors c/o John Miller Miller Corporation Box 267 Cambridge City, Ind. 47237 00UUO6 ~\ 6//6 P~ \\ --~~ 5f5 \ I ^~ ~ \~ I ~ \\ -~--- / ~~~ ~ ~ / •_\ ~-- ,~ i ' / ~~, ;fig :TI I. ~.,1 ~~- F I• / ~~ % ~ I M T-~-~~~I~Y`n e v~-t- ~ \ ~\ //6 L~f,~4~7P.NDe1Z N~-i~\ \~~ \T---'~/ I ./~~ _ ' ~~ ~~- "> ~-' \ `_ _~ L-'' ~ ~ __ r6 ~ ~\ ---:'y ' why,-; ~~~ //~ ~~ / ~ I / ---' / ~ ~~~ ~~ _ - ,-' _ _ , ~r- ~~C OOOU07 _ - -- -- i i N i ~~ ~ i i i. .. ..~..r....+y~""' ~ . OZ I~/ ,~ _ ~ ^~ ~ ~, ----t-----.` ---"r .--~ I I ,,, ,_ ~~ ~r ~ ' ~~~~~r ~~~~ `i ' ~i i~ i~ ~i~~i - ~_ -_ _ __ ~r---.--- - _ ,,` ~ ~~ _ _ ~~ - - - ~ _ ~ -~~ __ ~~~ ~ ~. i i ~1 O C~1 _~ ~ ~ I~ 9~ ~Q °- ~~ .\ _, J` --~-. Y.~ ` I \~ `,'~~~ ,y ~~ G 1 N 1 s Q I S? o- 1 1 1 . ~~ _ , A ~ ~ ~ "~' i ~ ~ -,.._ •~ r ~~ .y. _ --~ 1 i i ~l M N Directions to Davis Horn Property 1. Go up Castle Creek Road 7 miles from the Prince of Peace Church. 2. Turn left on Little Annie Road. There is no road sign because someone stole it. 3. Go up Little Annie Road for 8/10's of a mile. ,~ ~e Lw OOOUO~ 4. Turn left on to the drive at earth covered dilapidated looking garage built into the hillside. JOHN II. xILLBR CASTLI3 CF31E1L xNVESTORB INCORPpRAI'ED a/o xi1111r carperatioa P.O. Hest II67 cambridq~ City, tud. {y327 Maroh 31, 1992 pa.tkin County Board pf Adjustment 230 S. Galaria Street AspQn, coloreds 81611 Res Davis-73ora Setback Vari=tnae Dear Board Memberet Castle creek Investors Incorporated owns a 67 aQre vacant parcel bordering the Davis Horn parcel on the west, north and east. A portion of our land located on the Legal Tender # 5 forms a panhandle to the west of the Davis Horn lot. Alice a71d Glenn have applied for side and front-yard setback variances so they may expand their house to the west to accommodate their growing family. The side yard setback variance will not have a negative impact on our land within the panhandle. Due to the topography o£ our property to the west of the Davie Horn lot, it is unlikely that we will develop the panhandle portion of our pYOperty. We have a better building site to the southeast of the Davis Horn Iot. x support the Davis Horn variance xegraest because they have an irregular shaped sub-standard Iot. Expansion of the house to the andtGier n~ s pre ctical because of steep slopes. Please approve Alice quest. Sincerely, Castle CreG Investors IncoYppratsd a~ _~~-.~~ 7-Q W. Miller, president ODUUID Waddill Catchings Little Annie Road Aspen, Colorado 81611 Pitkin County Board of Adjustment 130 S. Galena Street Aspen, Colorado 81611 Re: Davis-Horn Setback Variance Dear Board Members: I live four houses up Little Annie Road from Alice Davis and Glenn Horn. I built Alice and Glenn's house and livec~there for 20 years. Alice and Glenn have applied for side and front-yard setback variances so they may expand their house to the west to accommodate their growing family. I support their variance request because they have an irregular shaped sub-standard lot and the neighboring land to the west of their house will probably never be developed because it is too steep. Expansion of the house to the east is not practical because the land is too steep. Please approve Alice and Glenn's request. Sin re , Wa dill Ca~ 4~~~_ ~"'.~~( OOOOl.1 ~~ MOLLY HEIZER 0815 Little Annie Road Aspen, Colorado 81611 Pitkin County Board of Adjustment 130 S. Galena Street Aspen, Colorado 81611 Re: Davis-Horn Setback Variance Dear Board Members: I live one house up Little Annie Road from Alice Davis and Glenn Horn and am the only neighoring house from which one can see Alice's and Glenn's house. Alice and Glenn have applied for side and front-yard setback variances so they may expand their house to the west to accommodate their growing family. I support their variance request because they have an irregular shaped sub-standard lot and the neighboring land to the west of their house will probably never be developed because it is too steep. Expansion of the house to the east is not practical because of steep slopes. Please approve Alice and Glenn's request. Sin erely, Molly He'zer Q~~O~ JORDAN GREENGRA88 Little Annie Road Aspen, Colorado 81611 Pitkin County Board of Adjustment 130 S. Galena Street Aspen, Colorado 81611 Re: Davis-Horn Setback Variance Dear Board Members: I live up Little Annie Road from Alice Davis and Glenn Horn and Alice and Glenn have applied for side and front-yard setback variances so they may expand their house to the west to accommodate their growing family. i support their variance request because they have an irregular shaped sub-standard lot and the neighboring land to the west of their house will probably never be developed because it is too steep. Expansion of the house to the east is not practical because of steep slopes. Please approve Alice and Glenn's request. incerely, dan Greengrase ooooi~ RANDY GOLD 0651 Little Annie Road Aspen, Colorado 81611 Pitkin County Board of Adjustment 130 S. Galena Street Aspen, Colorado 81611 Re: Davis-Horn Setback Variance Dear Board Members: I live one house down Little Annie Road from Alice Davis and Glenn Horn. Alice and Glenn have applied for side and front-yard setback variances so they may expand their house to the west to accommodate their growing family. I support their variance request because they have an irregular shaped sub-standard lot and the neighboring land to the west of their house will probably never be developed because it is too steep. Expansion of the house to the east is not practical because of steep slopes. Please approve Alice and Glenn's request. incere , a Gold 0000.4 MARK BEDELL 0921 Little Annie Road Aspen, Colorado 81611 March 31, 1992 Pitkin County Board of Adjustment 130 S. Galena Street Aspen, Colorado 81611 Re: Davis-Horn Setback Variance Dear Board Members: I live two houses up Little Annie Road from Alice Davis and Glenn Horn. Alice and Glenn have applied for side and front-yard setback variances so they may expand their house to the west to accommodate their growing family. I support their variance request because they have an irregular shaped sub-standard lot and the neighboring land to the west of their house will probably never be developed because it is too steep. Expansion of the house to the east is not practical because the land is too steep. Please approve Alice and Glenn's request. Si~n/4erely, cGlRfsr~ el~~ ~~Q~~..~ 0^PENlPITKIN PLANNING OFFICE --- - 130 South Galena Street - _ Aspen, Colorado 81611 (303) 9203090 .. LAND USE APPLICATION FEES , cny 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL 13280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL 13310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County OOt13 63160-726 GMP/GENERAL -63170-127 GMP/DETKfL'ED 13180-128 GMP/FINAL -63190-129 SUBlGENERAL 13200-730 SUBlDETAILED 13210-137 SUB/FINAL 13220-132 ALL 2-STEP APPLICATIONS 13230-733 AlL 1-STEP APPLICATIONS CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT ~ REFERRAL FEES: 00125 13340-205 ENVIRONMENTAL HEALTH 00123 13340-790 HOUSING 00713 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 13080-122 CITY/COUNTY CODE 13090-123 COMP. PLAN 13140-124 COPY FEES 19000-145 OTHER SUBTOTAL TOTAL Name: .Phone: Address: Project:~Y V~ .J< S Check # ~' y ~ Date: ~ / / 19 Copies received: a7ofHours: F~- 0.00016 County of Pitkin } 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: I, 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 ~ ~ r c- ~ 19 °~ ~-- , to the ~ day of , \ 1'~~ ~1 , 19~. (Must be posted for at least nine (9) full days before th ear' g date). --~ ~, Applicant's Signature ~~' Subscribed and sworn to before me this •7~ day of ~ , . ~~ 19~, by ~~fliJ y!`l'7 M~~ . ~ WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: ~/7-lam" t/ s ~~`~~~ y 1 -y . #344471 Ov/Or ~ii:35 Rec S,p,~ Silvia Davis, F'itb:in Cnt Bk 677 FG `,4 y Clerk, Doc 5,00 RESOLUTION OF THE PITRIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING SETHACR RELIEF FOR GLENN HORN 6 ALZCE DAVIS RESOLUTION NO. 92-17 WHEREAS, Glenn Horn and Alice Davis, owners of a tract of land situated 0810 Little Annie Road, request a 56 foot front yard setback variance, and a 17 foot west side yard setback variance, where 100 feet and 30 feet, respectively, are required in the AF- 1 zone district, for construction of a proposed addition to a single-family residence; 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 56 foot front yard setback variance and a 17 foot west side yard setback variance, be granted due to nonconforming lot size and topographical hardship, as per the plans submitted (Exhibit "B"). WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. 1 r ~~~~~~ N • • #344471 05/07/92 11:: Rec x.00 BK 677 P6 35 Silvia Davis, Pitkin Cnty Clerk, Doc x.00 Resolution No. 92-1~ Page 2 The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: April 7, 1992 The Board of Adjustment of Pitkin County, Colorado ATTEST: ``~ /_ Cindy L. Christensen, Secretary Evan Gull, Acting Chairman 0000?0 VILLA tlU1vl~,urV. rn~rcn„ ,~ ., M.S. 6 NOT USED CORNER NOT FOUND. TIE . y U.S.L. 'GEMINI' NOT USED MONUMENT FOUND IREBAR "/ RED CAP) DOES NOT MATCH CALLED ,R MONUMENT (ROCK 4N PLACEI BEARINGS TRUE FROM SOLAR OBSERVATION ON II-13-91 (~~ h ,1 U I ~ t r ~l 1 LEGAL DESCRiPTiON TRACT I A tract ~~t t.,nil situated in Sec[ions 1 and 2, Township 11 South, k.,.~,~.• s' Test of [ha 6th P.M., being a part of U.S.M.S. No. 6116, t.-,, ,,; :.,n,fec Lodes, being more pacticularly described as follows: beginning at a f~r~int beincl S. 24°54'40" E. 235.40 ft. Erom Corner 18 U.S.M.S. 6116 and also being N. 45°23'50' W. 2261.14 ft. Erom U.S.L.M. "Gemini"; thence N. 77°37' E. 412.42 ft.; thence S. 23°12' w. 345.24 ft.; [hence S. 50°00' W. 150.59. ft. to the Northerly right of way line of Little Annie Road; thence N. 40°lU' W. 185.0 Et. along the Northerly right of way line of Little Annie Road; thence S. 89°56' w. 29.82 Et. along the Northerly right of way line of Little Annie Road; thence N. 00°43' W. 184.43 Et. to the point of bey inning, as hereinbefore described. TRACT II A tract of land situated in U.S. Mineral Survey No. 6116 - jyiny in Section 1 f: 2 TL1S R85W 6th P.M. being described as follows: Deginning at a point on the East R.O.W. line of Little Annie Road which is N. 49°07'SO" W. 1,928.66 ft. from USLM "GEMINI" (a rock found in place), thence S. 36°25' E. 78.72 ft. along the easterly right-oE-way line of Little Annie Road, thence N. 23°12' E. 174.21 Et., thence S. 50°00' W.~50.56 ft. to the point of beginning, as hereinbefore described. County of Pitkin, State of Colorado I ,; #344471 O5/Oi/92 11:35 Fec ~.t~r~ BK: 677 PG S6 Or,oOnl Silvia Davis, Pitkin Cnty Cler4:, Doc ~.9rJ ~~ ~ l ~' ~ 1 ~~~~ TO CAR IA MS GIG - GeRNCR NOT fOVN/J ~N 24'S'/'YO 'w 235 VO' ) 2.1+`2 ) 4/ _, 17° ~~ E 'i7 J ~A 9R h >0'1.o Pc,NT ~Tdll ~w ~e~ on/Lrtve../ TO /.I.L. M, fKM~ NV0.0.1U.NR r lPt uNt LO•CAlQMENT N \ (NYS'L3~S0`w Y ~' \\f7_ m L241.14~~ (~~ n -~ .~ .i ]- IZ ~= US. L. M. /~.~1 'A2~ 'ceM~Nl'- ^n /hiTfmlla ~i.5' NFw GKI Wi i~L eTORT worn Nxxc r--~ --? x '-T !1 ~ °'s' 5 a.• ; 2. 3.j x AGRES }f 'p N ~---~ 5• _ 1 Baca ' _ _I ~ 1 '-._y'r _ BOOK 4951 P.1GC 9/B ~~ 6TCM GND 901 29. B2 .. '. L. ~. ~ P•w~0 ' 1.5' EAVE ~~'RUt.~., y '. .,..,.Yrp,~ ~~ FYC~ -..N,~ ., ~. .r L \ ~a Cb 1. iD ~' ~- i' •%M1~ ~ C:` 0 ~i •~~ toNC O `''~ ' OINe.oe ~.\~ C MD q~0~ ~ NOTES lOT 6 LAME LoR ~S RC O,qR 276 on 9i7s Ap CSI Brj VILL AGL` CNTCD /y~L/ML V/LLAOE OOOUit~ C ) ARC RCCORO FROM '~T~E COMMIT MCNT ~ 13323 4^c 1 ~h O. h ~N GNO 9~6s ~ ~ ~ WiR! FCNCG ` \`/~~.. ~ ~'~ ~~ wp00 PO\.G 56 040.11\CgpC y~y(~ I~ / O C' '~ N TR 1CT a ~. A .~ Y• Y v `, < ~ !n T7 `~ ~. r~ rt ~ W ~ cn 7 S rt ~ '~ n ~3 T ~~ . m O T o V V T - 'J ~ RE - CERTIFlC4T10N IMPROVEM N49bT:f0'M • I HEREBY CERTIFY TINT DN TNIS~-9RY'OF,J Ifl19PECTId1 OF TN15 -ROPERTY Mfi RROE UNOEI 1, 1t~.s41 .7:IIRIIfiES LERE FOUNp E%~LEIPT R/S~HEREON fiNOYN FNO 1~ ~'k76RED: ~~: 5<1~/J7~~ ORViO Y. RGBRIOE Ifi129 ~ l; U. ~.1. M. -a .~ M M Minutes Pitkin County Board of Adjustment April 7, 1992 Members Present: Evan Gull, Acting Chairman Rod Dyer Stan Mathis Ted Guy Members Absent: Rick Neiley John Wheeler Staff: Joanna Schaffner, Zoning Enforcement Gull opened the meeting at 5:20 p.m. and introduced the Board to those present. A presentation was made to Kandi Shaffran commending her service to the Board. Resolution 92-A was read into the record, Guy moved to adopt this resolution and Mathis seconded the motion with all in favor. A plaque was presented to Kandi recognizing her years of service, along with a letter from the BOCC and Board of Adjustment. 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. This case was tabled at the March 3 meeting. Mathis moved to reopen Case #92-16 and Dyer seconded the motion. Kanan presented to the Board a letter from the President of the Board of Gateway to Snowmass Mesa Homeowners Association. Gull read the letter into the record stating that the request for the proposed entry be granted as it is the only logical solution. Mathis moved to grant a 25 foot front yard setback variance, for construction of a driveway, due to topographical hardship and downzoning. Dyer seconded the motion. Guy stated that he had voted against this at the March 3 meeting and would like to stay at that vote. Guy asked Dyer if he was in favor of this request (since he was not at the March 3 meeting), and Dyer said he was.. Therefore, Guy changed his vote to an approval. All were in favor. Motion passed. Glenn Rappaport was present representing Alpine Logistics, Inc., to request approval for a 60 foot front yard setback variance, where 100 feet is required in the AF-1 zone district, for 1 ~~~~5,~ construction of a residential garage; and a 30 foot front yard setback variance, where 100 feet is required for construction of a proposed single-family residence. The lot size is approximately 2.67 acres. Rappaport showed the Board on the plan what the applicant intends to accomplish. Photographs were shown to the Board illustrating where the addition will be located. Rappaport stated that they are trying to stay below the level of the road. Rappaport stated that Nicholas Lampiris, a Surface Geologist, did a survey and found the ground wet and the soils unsteady in certain areas of the property. Towards the north, the soils get even more expansive. Nick Lampiris' letter states that it is best to keep the proposed house and garage to the north so that the drainage areas below the tank site can be avoided. This property does not break a ridgeline. Gull stated that there is numerous correspondence in the file approving the variance requested. One from Michael Herron, representing the Liss' and himself as neighbors, stating that they have no objection to this request. Rappaport stated that one of the reasons for the location of the proposed house and garage was to stay away from the other neighbors and their viewplane. There was no public comment. After further discussion, Guy moved to grant a 30 foot front yard setback variance for construction of a proposed garage, and a 60 foot front yard setback variance for construction of a proposed single-family residence, per the plans submitted, due to topographical hardship and downzoninq. Mathis seconded the motion and all were in favor. Motion passed. ease if7l-1/ riOrn Vlenn n UaV1s hiil:C vio~ ail l.l1G n~~i~ic acv a~.a Glenn Horn and Alice Davis were present to request a 56 foot front yard setback variance and a 17 foot west side yard setback variance, where 100 feet and 30 feet, respectively, are required in the AF-1 zone district, for construction of an addition to a single-family residence. The existing house is approximately 2,627 square feet. Horn showed the Board where the existing house is located on the plot plan and where the proposed addition is to be. Horn stated that on one side of the house is a very steep slope, and on the other side, there is a hole. Horn also submitted pictures of the area showing the hardships' of building the addition in other directions. This is an irregular shaped lot with topographic hardships. The addition will not impact the adjacent property owner. 2 UOOO4'2 Horn submitted letters of support for the requested variance from Waddill Catchings, Castle Creek Investors Incorporated, Molly Heizer, Jordan Greengrass, and Randy Gold, all neighbors. There was no public comment. After further discussion, Guy made a motion to grant a 56 foot front yard setback variance and a 17 foot west side yard setback variance, due to nonconforming lot size and topographical hardship and per the plans submitted. Dyer seconded the motion and all were in favor. Motion passed. Martin Schlumberger was present to request a 2 foot height variance, where 6 feet is the maximum for a fence within the setback. Schlumberger stated that he wants to raise elk and to comply with the Division of Wildlife regulations, he needs to have a fence 8 feet high. Gull asked if there was any public comment. Attorney Bob Gruder, representing neighbor Wade Kent, was present opposing the request. Gull also read a letter into the record from Constance J. Upchurch, also opposing this request. Wade Kent, who lives at the Harold place which is an adjacent property to Schlumberger, stated that he is against this request. Schaffner stated that she spoke with the BLM, an adjacent property owner, and they said that as long as it is built on his property, they are not going to object to the request. Schlumberger stated that this is an AF-1 zone, an agricultural zone, and would like to pursue an agricultural endeavor of raising elk. Gruder stated that the neighbors are concerned about a structure in the setback. Schaffner stated that his area went through a 1041, and there was wildlife confirmed on the lot. The restriction was placed in this area for a 42" fence height limit, which is typical wildlife standards. A 6 foot fence is permitted per the Pitkin County Land Use Code, in the setback, without a variance. Schaffner took this back to .the Planning Office, they consulted with the Division of Wildlife, and Randy Cote verbally told Ellen Sassano of the Planning Office that the DOW did not have a'problem with this fence going up. 3 ~~~Q~~ John Olson, neighbor, stated that a 6 foot fence is not permitted. There are restricted covenants for this area which says a 5 foot fence is the maximum height. Lenny Oates, Attorney for Martin Schlumberger, stated that they take exception with the covenants. They have numerous examples of where that covenant has been violated and ignored through the years. Oates also stated that the covenants terminate on April 1, 1994, but can be amended by a vote of three-quarters of the property owners. Olson also stated that there is another condition in the covenant that says you can have no commercial operation in the subdivision. Gruder stated that what is pertinent to the Board is that the Board of County Commissioners did set a fencing limit of 42" in this area. Gull stated that the covenants are not enforced by the Board, but if there was a 1041 imposed condition by the BOCC, Gull feels that he cannot provide a variance to a covenant which is provided by the BOCC. Olson stated that out of all the developmental reviews he has had to go through, the BOCC has always protected the wildlife and wildlife corridors (not just elk). There are a lot of animals in the area and an 8 foot fence would stop potential traffic flow of wildlife. Regarding the fence heights, through every 1041 review and building envelope review, he has had to deed restrict any development outside of the building envelope, but they also enforced the 42" height limitation, and made a special point into writing that into the covenants. Mathis asked if this area was mapped as a wildlife hazard area. Gruder stated that Randy Cote of the DOW has classified a lot of this area as a critical breeding wildlife area and they won't allow any building envelopes at the foot of the hill. Each piece of property has had fence requirements placed on them. Guy stated that he has to agree with Gull as to the condition of a 42" height limitation the BOCC placed on this property. Gull stated that if we establish that the covenant was placed by the Commissioners, he would not be willing to vote for it regardless of whether the DOW recommended the approval. The BOCC established this regulation and the Board of Adjustment has no authority to relieve this condition. Oates stated that it was their understanding that the Planning Office took the position that if the DOW was content with the fencing as proposed, than that superseded the language in the specific approval relating to fencing. Schaffner stated that Ellen Sassano, County Planner involved with the Schlumberger 1041, was awaiting a letter from the DOW stating that they had no objections to this fence; she was also going to talk to Suzanne Konchan, 4 00002 County Planning Director, about whether or not it should go back to the BOCC. Oates stated that they would like to have the opportunity to come back and provide the Board with Mr. Cote's evidence, rather than continue at this time. Gull stated that he still would not vote for it without the BOCC's specific endorsement. After further discussion, Guy made a motion to table this case to the May 5, 1992 meeting. Dyer seconded the motion and all were in favor. Case #92-18. Aspen Villaae Jonsson Mats• Aspen Village Lot #6 Mats Jonsson was present to request a 20 foot front yard setback variance, a 4 foot rear yard setback variance, and a 4 foot south side yard setback variance, where 30 feet, 10 feet and 10 feet, respectively, are required in the SR zone district, for placement of a new mobile home. Gull read a letter into the record from the Aspen Village Management stating that they approve what is being requested. Jonsson stated that lots in Aspen Village are very small. Jonsson showed the Board on the plan where the new trailer would be set. All trailers are presently 10 feet off the road. The new trailer will be 16' X 70'. The trailer separations required per the Pitkin County Land Use Code are 10 feet from end to end or side to end. There was no public comment. After further discussion, Mathis moved to grant a 20 foot front yard setback variance, a 4 foot rear yard setback variance and a 4 foot south side yard setback variance, due to nonconforming lot size and practical difficulties, as per the plans submitted. Dyer seconded the motion and all were in favor. Motion passed. 5 QQ~~i 7 The minutes were approved with the change made by Ted Guy, regarding page 4 when Ron Kanan wanted the record to state that he felt Guy had objections because of his and Guy's prior associations. Guy stated that Kanan had done a good job and did not realize that there were any problems. The Board moved to change John Wheeler from alternate to regular member. The Board also moved to elect Rick Neiley as Chairman. The meeting was adjourned at 6:45 p.m. Respectfully submitted, istensen, Secretary Evan Gull, Acting Chairman 6 DODOES ~EN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES aty 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/ - CONSENTAGENDAITEMS ~'-- REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING ------- 00115 -63340-163 ENGINEERING - SUBTOTAL - County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETKIL~'D ~- -63180-128 GMP/FINAL ~---- -63190-129 SUB/GENERAL ~-- E3200-130 SUB/DETAILED ~-- -63210-131 SU&FINAL -~-- -63220-132 ALL 2-STEP APPLICATIONS -~ E3230-133 ALL 1-STEP APPLICATIONS ~---- CONSENTAGENDA ITEMS ~~- -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: ' 1 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING ----~- 00113 -63360-143 ENGINEERING ~-- PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN ~---- -63140-124 COPY FEES --~- -69000-145 OTHER -"----- SUBTOTAL -- TOTAL ~ /~ Name: .Phone: Address: D Project: ~7- Check # ~ M/I ~ Y ~ IL ~ I _ Date: , 9 Copies received: 2 ~ #of Hours: