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r • s PITRIN COIINTY BOARD OF ADJIIBTMENT DATE ~~' ~Y ~~ ~ CASE # ~/ APPLICANT YI ~7S 1 ON SS pN PHONE "IoZ 3 - b ~ ~ a MAILING ADDRESS ISO Qo X ~I S~ F~S'PEN VC.~#F(o , RSP~~~G O g~ 6I 1 ; OWNER MAILING ADDRESS PHONE LOCATION OF PROPERTY /-f cS(~C 1~-~ V ~ ~L-CY'1 ~ E ~ C7 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 ^i/n///Jquestion. Applicant Signature ~~ f (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: S-rL Zone District Requesting: Lot Size 020 ' Front Yard Setback Variance, where 30 ' is required. ~' Rear Yard Setback Variance, where 1(Z' 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 ~-- ~~k~-~c /- C Application filed ~ ~I UJ " ~~ Parce4 ID No. a~P~{3 - Date of Meeting q~q_I_ Notices Mailed J_a'~ Secretary ~ Refer Resolution to Building Department ; _ ;~~Yes ooooo~ G~ zl ~ i ,_, No NOTICE OF PUBLIC HEARING TO ADJACENT PROPERTY OT4NERS 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 Aspen Village, Inc. Mats Jonsson P.O. Box 7155 Aspen, CO 81612 Aspen Village, Space No. 6 Requesting approval for 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. This would place the proposed mobile home 10 feet from the front yard property line, and 6 feet from the rear and south yard property lines. VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED. Duration of Variance: Temporary Permanent X T ITKIN COUN Y BO D OF ADJUSTMENT ?tai Cindy Christensen, Secretary 00000 .~cn~ ~ G 20N i I~~ (/~12r~14NGt' /`S NC~~ (~ '~,EC-~VSE o,~ ?~E S~RC,~ s~`z~ o~ ~SP(= N Vr~LL!`}C~C S LOTSm ~~C,c7~C~r N~ ?0 ~sp~tJ Vr'LL~r1t f2Ul.ES /tN~J r2cC~UC.14TiorJS~ M~~ C.u i r`S F/zv~ T'I-ft N~~2 ~ DC~~ qF i"11~ Nl,.`~Ff8o~2.S C~}r2Po2r` TO 'Tf-~E F~2 Ef>f~~ 0>= ML~ GA'~1~bf2 i ~ S i (~C= TD S!`~i^ p L ~~ To t-1J f~ M~ c.o T f~S ~rzo w~ TNT sTr2c~ T To ~Ac.F Tl~f-~ Ar2E/'t f3~TwE~N ~~ k-,o~d~'~ ffo,~-i~= AND Tff~" Mo E~,'~C /-~olMc s; z~ we '2E' ~~~~rN~ ~or2 1~S /Gx6G ~ 3ox S,`Zc= ~lbx~o- 4~T ~ ~LUO~~,Rti GPrly~ i Q(= SU~I~C,r`C t] ~~ Cr~Ubtr Tf~A7' WC w,°Lc rva- ~3v1 ~- Mo(3r'[-c= - (-I-Oi^~E UNTAL Z!/oti~N~~ Vr42.~RNCE ENO BU°~CO,'N~1 ~-~~~ GK~Ti ON S f1~I~~~ ~E~~I /-} ~20/c (~ o -~F (-~~LiEfJ FOQ ~OQ,'~~ JfOh~c S,~z~ C. ~ rv f j' gc= l4 ppr~.o v~ r~ ~ 0 R. i ~ j ~~ Po S r' Tr olJ 0 F T~ N~og~'~~: N-or~~= c~r~` ~ G3~ R~,~ v~ ~ ~~~ To zo rJ ~ N(,~ , I Lt_ ~ 5E I~ PPr20 ~~ X02 ~1-p~ usr~T~ T~C.I~CEI'~t~i I~N(~ r qr2 ~ OfJS~~ (~ M~X~'n~UlV1 ~1.nQr'c.e }}ore s.zU ~ ~N~ w~= w~ LC Co~P~Y ~c,Go-zr~,'NC,~y S ,` N ~~ 2-~-`L~ p1RTS ~vrJSsorJ 000003 ~~ M • • MATS ~ ~A~2v~ ~o~vsSO,J po 3~x ~/ss ~~~ V~'~~r~c,~ ~~ ~Sp~N ~ ~o , ~lE~~ ~S~C.I~ ~~ L~i4(~C Lo I S ~~~~ (J v~ C,L/~~r L..c~ T 7Z N1 c IC~~ ~o~J Sfl j i~--c ~ ~ No tNl r~G (30~; ~-/0~6 (3ox 3-60 A-Sp~~J ,C.o ~16i/ ~5~`ti ~o si6ia ~S~cN V~'~t,~~~ ~-aT ~ AS~~N Vi'I,C,RC~~ LOT /C7 N~LSor.~ Dn/c` C~~2o8 , ~Fl~'G(1/L (~ e C3oX X06/ ~o t~ox ~/sSS i~S~c"N ~G~ 8/~%/ RS~~N ~~v 8i6i~ ~i~~'Nt,s; o~J , ~o~rN o ~~x ~a~ i (~Si~~Ni Ga 8/61 000004 TO pl.~ ,.Sl,)pu~vnr~-ss .E-- I ___ , _~~ -;® t--~ __ Cl _ fy I o_ ~l ~/ t G, i IV i "T ~(~ () i i2~`Cl'i ~s~hf~L jA/f r9 ~'> ~~"~Ni ~#' fi' V ---~- ~, 'T ~0 ~~~~J <_ a O ~a #-3 '~ T~4 i S ~' S . r ~ ~~ ~ c~n-, U ? NprT' .r c.~r, D~'~J #~_s ~ ~`s =~~e`a~ ~~=~ ASP -y V~'cc,~~,~. #o, X ~' (~ N /~'7~-C T /f~= ~ ~ X ° ~' S v~.i ,a r dc~ n~ , rv i-~~.e~a.n v ~-' 7/t~' ~ ~ ~ Tlzc~~ #' ~ I ! .~S © '~ ~' r~ `~l C r" r iiT1 i i /U ! Y~i ~ DES K'2o w, ~4-6~~=nJ iOv~H~?DS ~~S~1cT, TU2N (.,(~~% ON ~ffr y=~`2S% I I 1 i ~. ~~ i i _i ASPEN VILLAGE P. O. BOX 7001 ASPEN, COLORADO 81611 (303) 923-4337 march 13, 1992 Pitkin County Baard ^f Adjustment Aspen Village managment is aware that a request far a zoning variance is being filed for Aspen Village #6.LUe have no objections to this request altho, we would like a copy of the building permit, the approval and the certificate of occupancy for our files. Respectfully, Patricia Dickerson Aspen Village mgr. UflOOCU ''.ASP=N/PITKIN PLANNING OFFICE '~ =' _~ ~ -'~• t30 South Galena Street - . ,. Aspen, Cobrado 8761 t ~ ~ , ... - j3o31920.5030 ~ .,. .. ~ - LAND~USE APPWCATION FEES -~; 00113' ~ =~-63250-t34 ~ ~~ GMP/CONCEPTUAL ~~~"t~ " -.f.-63270-736 - :- S" ~ "GMP/FINAL - ~ ~ ~ _ _ . . 1, '-63280-137 ` ~ SUB/CONCEPTUAL - . - ,' _ .- X3300.739 ; - SUB/FINAL -~~ _ ~ ~ ~ ~i3310-740 ALL 2-STEP APPLICATIONS " ~ X3320-141 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 -63 7 70-1 27 GMP/DETAILED X3180-128 GMP/FINAL -63790.129 SUB/GENERAL -63200-130 SU&DETAILED -63210-137 SU B/FINAL {3220-132 ALL 2-STEP APPLICATIONS b3230-133 ALL 1-STEP APPLICATIONS CONSENT AGENDA ITEMS E3450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00723 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 -63090-123 -63140-124 -69000-145 L' Name:` ~/`j/.': / [ ),../ 1,~,;_ j1'I 7 Address: u + : ,^.~ • i 1 )'~ '1 iF ,. cneok n ~ i ; ~---- Copies received: -~- _J/ i ..,Y SUBTOTAL - " ~~t ~' TOTAL ~J 'T- /' t Phone: ~ / 1 i - ~' 7 ~ ~ - Project: ~ )~" 1~, --~ ~i z-IG Date: ~ CITY/COUNTY CODE COMP. PLAN COPY FEES OTHER 000007 County of Pitkin State of Colorado The undersigned, follows: I, } AFFIDAVIT OF NOTICE BY } S8. POSTING OF A VARIANCE HEARING } BEFORE T8E PITRIN CODNTY BOARD OF ADJUSTMENT being first duly sworn, deposes and says as I~NSSOo.~ d- 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 o2 day of ,/~ Q ~ G `'1 , • 19,~, to the 7 L~ day of A'~ r i~ l , 19 ~ ~. (Must be posted f or at least nine (9) full days before the hea/r~ing date). ~~~~C_ .~. ~i•~Lc?Q~-yam Applica s nature NOT~~ ~- Subscribed and sworn to before me OF HEARING - this ,~~ day of Grp c~e~_ BOARD OF - WITNESS MY HAND AND OFFICIAL SEAL. - `,L tai. ..J` I „I ~.YTi ON _ TO CONSIDER A YARIANCE• FOR OWNER,_ /MnSdGPlK>:~oNSSp~/ FOii.A My Commission expires Commission expires 1-2&9fi No ry Public's Signature ~~ ~~I Address .. ,'~ . '~ MLA::. ; :t j~=' ~~ v. ~ f ~, • nnnn~s . y~_ .::. ~'1- o~ ~ ?~ o~ ~I~ , ..!...~.:...1 ~ii~~ ~~ ~i~' ~_. i i i I I I i I, i i I I! i i I I i i i i ~I~I ~~, !~I ~~I~'Id~ I#~I~I ' ~i I~ i -I- - ~ l i ~ ~ ~ I i i ~ ~ ~~~ ~~~ i i ~ ~~ ~I~ ,p~~ I i - ----r-~ r rte- r- r i ~ ooi ~ '~ "~~II ~ ! ~~~ I ~ [CT~~ I_.. I ~ ~ I ~ _ I ~ it ~ ~ I i ~ ~ L~ ~~ .- ~ .:_ I~ ~ -~ ~ _ ~~ i i~l ~ ~ , ~ .~ i ~ j I ~, I ~ ~;o j ~ 1 ~F12 ao~' I t# 6 ~ n ~ '~ - ~ - i I O _ _ R I ~ i I i I I ~ ~ ~ ~ ~~ ~~ .~ t'-~` '~ - _ b I I I Z ice, I ct( I i i ~ ~ ~ I, ~ 1 ~. r 4 I ~ ~ ' -~ !~' i , i _IQ l '~ I i ~ I - ~ t + t-_f { I _ I ~ _;_ _~. - i i I f__ ~ ? -- d -~ - I ~ _ ~ ' } ~ ~ - i 3 ' i - ~- (' I j I I I ~ f I I I I I I ~~ i m; ~ ~ ~~ I R ~ ~ ~i ~ I i I l I L 1 I!~ ~ I ~' x'~ ~ i ~ 'J~ ,~ I I _ ~ i' ~ ~ it ~ ~ f I it ~ i I ~'~ j k~~ i! ~ I ~ h ~ !~ i I I i I i I I I ~ I ~ j ~ ! i ~ i ~ f ' I TYI i ~ ~ , '~~ ,~ . F. -,. •+~ :~*z;. ,4 ~ .., `~ '~ It '~ °. i ~ ~ ,~ - z F wk ~VV~ {.. . :. `x ~; , i.~: i '`~ ~' ~ .. 1.:. ~ .. ' y ~[ Q~~S _rQ #344472 u5 ~ 92 11:36 Rec 5.00 Pk: 677 • 58 Silvia Davis, Pitkin Cnty Clerk, Doc 5.00 RESOLUTION OF THE PITRIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING SETBACR RELIEF FOR ASPEN VILLAGE LOT ~6 RESOLUTION NO. 92-19 WHEREAS, Aspen Village, Inc. owners of a tract of land situated at Aspen Village, Lot 6, requests 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, l0 feet and 10 feet, respectively, are required in the SR zone district, for placement of a new mobile home; 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 20 foot front yard setback variance, a 4 foot rear yard setback variance, and a 4 foot south side yard setback variance, be granted due to nonconforming lot size and practical difficulties, in accordance with the plans submitted (Exhibit "B"). ' WARNING: Any violation of the terms of this resolution may ~; result in rehearing and possible revocation. 000011 #344472 0,°,/C17/9i 1l . _b Ftec $.00 BF: 677 PG S9 Silvia Davis, Pitkin CnCJty Clerk., Doc $.00 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: April 7, 1992 The Board of Adjustment of Pitkin County, Colorado Evan Gull, Acting Chairman ~~~~1~ ATTEST: • EXHIBIT "A" Legal Description for property owned by ASPEN VILLAGE, INC. Mata Jonsson Lot 6 Aspen Village Pitkin County, Colorado #3444r? g5~p7~92 11:36 Reo ~.qq bK 677 PG 60 Silvia Davis, Pitl.:in Cnty Clerk, Doc ~,qt~ 000013 S 1 T NI h LL , ;r6 II - IL i~ ~ ~_ ,vr ~:~ .~ ~ ~'- a I - - I ~i I . - l ~ 1 N Z ~ ~ ~ _ of ~ j ~ I LL I T ~1- ~ o / ~ , lye V ~~ .:W I LL ~i J. ~3 ~ I~ i - -- I~ ~S Q ~ I~~. ~ ~ol'I ~ ---- ~ I ~~j ~, ' I i ~ N Y ~ ~ i I i~ ~ ~ I I~ ~ ' I I ~ I '~, y ~~ YI , i i i j j ~ I ~ i ! I I o ~i I I I ~ j I I _-. ' f I I j i ~di ~; ~~ i i I ~ i ! i .. ... I - i ~ I I I ~ t -i ~-~ ! ~ i '. Ib~ 9~ G ' ~. k w I D. i ' i, ' ~ i I ~ I I - i ~ ~ ' ~, .~ . I i i I i ~ , ~ `~ ~ IL I i i I I ~ I i i i I I I I I' i I ~ I ~ I ~ I I I i ~ I ~. i I ~'~~ '. ! ' ~_ t_ ._ I 1 i I y I -- I I i I ~ I I ~{I ~ i I ' ~ ~ 11 ~ i I I I I ~ I i ~ . _, . ~ i ~_ , 15~ _ ~ _wa. . a l __ I I t - I i ~ I ~_ q 3~, o'l,~ I I ~ I I , i J - I I o. I I ol_ F . i ~ ~ cr11 I I i ' ~ i ~ I i I I Iri ___ ~ i ___ 71I ~ ~ I~ 2 i ~ - _____ ____, ___ - D W I' ~ i ~ ~~ '. Ili J Oi OL; a' I ' i (ll. 21, ~ , ~ - ' _. ~e~ w o i t ~ ~ u i I I o ~- P f I' ~ - ' I a £. t I ! ~' ~ , ~ ~ I 3 u i ~ ~ i ._.... ~ .. _. ._ ~, ,. ti. .... ~ ~ -... L....~ .r : I ~~ I ~ ~ ~ I ._ i ~ j jl~ i - ~. I 9#~~w,~oN ~n~i4gW~ hrv~lsixl lil I ~~ I~ I~i'i'~I ;~ ''1 ~~11 I I I 1~~ 1 i t I I I j ~ I; 1 N..I L __ _~ 'r-' ___ r I # ~ ~ ! I KI ~ I i ~-1/I ~~ V G JI i I i i ill 'Ij!'~ij I 'I I I ~~~~ ~~~~: II~~ IiIII I ~ i l ~~ l I Ilillil I ! I l l~ l l i i ~ i l I I 1 I ~1 ~1 I I Y• (~ < A ~' A N ,v c M~ m „ =., ~~ ~'• hJ M ].' P" Y~ V ~ .. ~~ n~ R~ ~ n ~~ ~ ~, ~o ~~ o n ~ ~~ o~ J 0' N ,i 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. Case #92-16. Kanan, 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. 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 Homeowne~as 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 000015 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 downzoning. Mathis seconded the motion and all were in favor. Motion passed. Case #92-17. Horn, Olenn & Davis. Alice. 0180 Little Annie Road 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. oaools 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 oooui~ 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 000U1~ } 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 Village, 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 to 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. ***********A*******************************~**************,t******** 5 ~~U~~~ 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. y submitted, v ~ ~~~~~ ndy C istensen, Secretary Evan Gull, Acting Chairman '1. 6 Q~Q~~~ AS~{J/PITKIN PLANNING OFFICE 130 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 APPLICA710NS -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 ~ -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL ~; -63200-130 SUB/DETAILED F -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 R 00123 -63340-190 HOUSING is 00113 -63360-143 ENGINEERING ~: PLANNING OFFICE SALES -; 00113 -63080-122 CITY/COUNTY CODE " " X3090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL ~- ! F f ~ l TOTAL _,~- :' Name: - '~ > h -.- '~ Ph ~ l ~ - (~ - one: t Address: ' ~ ~ - r' Project: I"~' ~ ~~'y-; r ~7Z'lrl 'j Check # ~ ~ ~ I/ D ' ~ ~- ~ ate: ~` Copies received: #ofHours: