HomeMy WebLinkAboutpitkin.boa.92.21
PITRIN COIINTY
BOARD OF ADJIIBTMENT
DATE /•~o~'I ~7'~ CASE # ~[ C~ "~
APPLICANT Philip J. & Antonia Palmiotto PHONE 945-4878
MAILING ADDRESS 8240 Countv Rd. 115 #5, Glenwood Springs, CO 81601
OWNER Philip J. & Antonia Palmiotto PHONE
945-4878
MAILING ADDRESS 8240 Countv Rd. 115 #5, Glenwo~d Springs, CO 81601
LOCATION OF PROPERTY Lot 21, Block 2, Crystal River Country Estates
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 ~//I `d~LL~
(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:
5-3a Zone District
Requesting: •o~a Lot Size
t" d ' Front Yard Setback Variance, where ~' is required.
' Rear Yard Setback Variance, where ' is required.
' Side Yard Setback Variance, where ' is required.
' Side Yard Setback Variance, where ' is required.
' Height Variance, where ' is required.
Square Feet where a maximum of sq. ft. is allowed.
Other:
Zoning Official
Application filed -~~ ~ / ~ Parcel ID No. oc~O47 / -~~I - ~~- 00~
Date of Meeting mil'' 2~ q~ ~~ ;
Notices Mailed ~'~iJ-! ~ Secretary
Refer Resolution to Building Department , ; Yes ; _; No
.;.~
000001 o-r Z
NOTICE OF PIIBLIC 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:
May 5, 1992 at 5:15 p.m.
Commissioners Meeting Room,
Courthouse
Philip J. & Antonia Palmiotto
Philip J. & Antonia Palmiotto
8240 County Rd. 115, #5
Glenwood Springs, CO 81601
Lot 21, Block 2
Crystal River Country Estates
Requesting approval for a 50 foot front yard setback variance,
where 100 feet is required in the RS-30 zone district, for
construction of a single-family residence. Approval of this
variance would place the proposed house 50 feet from the
Palmiotto's front yard property line.
VARIANCES GREATER OR LE88 THAN REQUESTED COIILD BE GRANTED.
Duration of Variance: Temporary Permanent X
THE TKIN COUNTY BOAR O' ADJUSTMENT
Cindy L Christensen, Secretary
UUUUU2
March 19, 1992
Pitkin County Planning Office
130 South Galena St.
Aspen, CO 81611
To Whom It May Concern:
We are requesting a variance from the setback requirements as required for Lot 21,
Filing #2, Crystal River Country Estates Subdivision. This subdivision was platted
and recorded in 1968 prior to any zoning being applied to this area. In the mid
1970's this area was zoned RS-30 and consequently the setbacks under this zone
classification prevent building on this lot.
We request the setbacks to be adjusted according to our building envelope as shown
on the attached plat.
This property went through the 1041 Hazard Review process and was approved on
August 16, 1990.
Sinc rely
~G^ ~
Philip lmiotto
tonia Palmiotto
.,~e.~
Jef •e ier
`~-G. ,,,-~A-
Eric A. Lawrence
oouou~ '`''
N
CRYSTAL RIVER COUNTRY ESTATES
ADJACENT OWNERS OF LOT 21
Gay Spiegel
1318 Kenton Rd.
Deerfield, IL 60015
(Lot 11)
Thomas R. McBrayer
0074 Crystal Circle
Carbondale, CO 81623
(Lot 20)
Jeff & Pricilla Dickinson
P.O. Box 533
Carbondale, CO 81623
(Lot 22)
Robert J. & Evelyn Lorraine McGill
0535 Crystal Circle
Carbondale, CO 81623
(Lot 12)
000004
M
Mazch 19, 1992
Pitkin County Planning Office
130 South Galena St.
Aspen, CO 81611
To Whom It May Concern:
Philip J. and Antonia Palmiotto may act in our behalf on any matters connected with
building, surveying, permitting or any issue as it pertain to Lot 21, Block 2, Crystal
River Country Estates.
Respectfully submitted,
Je r M Bier
Enc A. Lawrence
P.O. Box 100
Carbondale, CO 81623
!•
0 0 o V V V
Lot 21, Crystal River Country Estates is located appro~mately 8 miles south of
Cazbondale on Highway 133 on the east side of the highway.
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PITKIN RB9W
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CRYSTAL RIVER COUNTRY ESTATES
& CRYSTAL VIEW HEIGHTS
SUBDIVISION
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`ASPEN/PITKIM PLANNING OFFIC")'
- - ~'~1~0 South Galena Street ._I -
- ~ :Aspeh, Cobrado 81611 -
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- _ - •(303) 920-5090 :.. ,.
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' LAND USE APPLICATION FEES = '- '
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00113 ~ ~ ~.-63250 134 .`:. .GMP/CONCEPTUAL ~ ~ `
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_-63300-139 SUB/FINAL '
- ~ ' -63310-t40 ALL 2-STEP APPLICATIONS
-63320-741 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
E3210-131 SU B/FINAL
-63220-132 ALL 2-STEP APPLICATIONS
113230-133 ALL 1-STEP APPLICATIONS
CONSENT AGENDA ITEMS
-63450-146 BOARD OF ADJUSTMENT
REFERRAL FEES:
00125 -63340-206 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
Fi9000-145 OTHER
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Check #
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Project: 7/~ S ~~ %c'_
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Date: .,3 ~ / - ~-
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County of Pitkin } AFFIDAVIT OF NOTICE BY
} ss. P03TING OF A VARIANCE HEARING
State of Colorado } BEFORE THE PITRIN COUNTY
BOARD OF ADJUSTMENT
The undersigned, being first duly sworn, deposes and says as
follows:
I , ~~f 1//~
•Jt ~V"~/b~
N N~^~i2 f
G ~i~l/oV r ~ 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~~codld`be seen from the nearest public way) and that
the said sign was posted and visible continuously from the
r/
~~ day of ~~ ( 19~~, to the
day of /"I~~ ~e~ , 19~. (Must be pasted for
at least nine (9) full days
Subscribed and sworn to before me
this ~ day of 1~ ,
19 ~.2.~ , by ~h/~/ ~ Ct /~
~YIOL ~ ~h~l ~ A~t~l In r a
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires: ~~ ~~ ~93
Notary Pyfblic's Sigr_ature
~~o~ may. /~~
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#345314 5/nl/9~ 15;47 Rec $.00 Pk: .'9 F'6 350
Silvia Davis, F'i tl::in Cnty Clerk, Doc ~.1~(~
RESOLUTION OF THE PITRIN COIINTY~ COLORADO
BOARD OF ADJIISTMENT
GRANTING SETBACK RELIEF FOR PHILIP 6 ANTONIA PALMIOTTO
RESOLUTION NO. 92-21
WHEREAS, Philip and Antonia Palmiotto, owners of a tract of land
situated at Lot 21, Block 2, Crystal River Country Estates,
requests a 50 foot front yard setback variance, where 100 feet is
required in the RS-30 zone district, for construction of a single-
family residence; and
WHEREAS, the subject property is within the unincorporated area of
Pitkin County, Colorado (as described in Exhibit "A", attached);
and,
WHEREAS, the Board of Adjustment is vested with the power to grant
or deny such variances by virtue of Title II, Section 16-1.3,
Pitkin County Code (Land Use Code) and Colorado Revised Statutes,
1973, 30-28-118(2) (C); and,
WHEREAS, based on the evidence presented, the Board of Adjustment
makes the following findings:
1. Proper notice procedures, including the
notification of all adjoining property owners,
has been shown by the applicant.
2. The required hardship or practical difficulty
has been established.
3. Granting such relief will not cause substan-
tial detriment to the public welfare and will
not substantially impair the intent and
purpose of the Zoning Resolutions and the
zoning maps.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment, that a
50 foot front yard setback variance be granted due to downzoning,
pursuant to the plans submitted (Exhibit "B").
WARNING: Any violation of the terms of this resolution may
result in rehearing and possible revocation. ~
ODUU.~$
#345314 U6/ /9 15:47 Fec ~.C~U BFI 679 ; 351
Silvia Davis, PitF;in Cnty Clerk, Doc $.~~0
Resolution No. 92~L
Page 2
The Resolution was adopted by vote of the Board of Adjustment of
the County of Pitkin, State of Colorado.
DATED: May 5, 1992
ATTEST:
Cind L. Christensen,
Secretary
The Board of Adjustment
of Pitkin County, Colorado
Rick Neiley,
Chairman
0~~~13
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#345314 ~~6/U1 /92 15:41 F;ec $.cw Pk:: 679 PG 352
Silvia Davis, Fitkin Cnty Clerk, Doc 2.~~c~
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Lot 21, Crystal River Country Estates is located approximately 8 miles south of
Carbondale on Highway 133 on the east side of the highway.
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' #345314 c~6/~~175 15:41 Stec ~.0~~ PK 679 F• 3
Silvia Davis, Pitk:in Cnty Clerk, Doc x.00
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NOTICE OF PUBLIC HEARING BEFORE THE PITICIN COUNTY BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING VARIANCE
DESCRIBED BELOW:
Pursuant to Pitkin County Zoning Resolution of June 5, 1955, as amended, a Public Hearing will be
held in the District Courtroom, Prtkin County Court House, Aspen, Colorado, (or at such other place as the
meeting may then be adjourned) to consider an application fled with the said Board of Adjustment requesting
authonty for variance from the provisions of the County caning Resolution.
All persons affected by the proposed variance are invited to appeaz and state their views, protests, or
objections. If you cannot appeaz personally at such meeting, then you aze urged to state your views by letter,
particulazly 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. A VARIANCE GREATER THAN OR LESS THAN THAT REQUESTED COULD
BE GRANTED.
DATE AND T1114E OF MEETING: Tuesday, May 5, 1992
Commissioners Meeting Room, Courthouse
Magoon, Nancy: requesting approval for an 80' front yard setback variance and a 3 foot north side yard
setback variance, where 100' and 30', respectively, are required in the AF-1 zone district, for construction
of an addition to asingle-family residence. Property Location: Lot R-73, Starwood Eleven.
Palmiotto, Philip & Antonia: requesting approval fora 50' front yazd setback variance, where 100 feet is
required in the RS-30 zone district, for construction of asingle-family residence. Property Location: Lot 21,
Block 2, Crystal River Country Estates.
JBJN Ltd. (John Armstrong): requesting an 80' front yazd setback variance and a 20' north side yazd setback
variance, where 100' and 50', respectively, are required in the RS-30 zone district, for construction of a
single-family residence. Property Location: Lot 8, Block 4, Second Filing, Gateway of Snowmass Mesa.
Swiss Village Homeowners Association: requesting a 9' major road setback variance, where 50' is required
per the Pitkin County Land Use Code, for construction of a facility to house a chlorination facility. Property
Location: 10 miles south of Carbondale, on Highway 133; Confluence Avalanche & Crystal Rivers.
Brewer, Jack: requesting a 3'6" front yazd setback variance and a 3'6" reaz yazd setback variance, where 30
feet and 10 feet, respectively, are required in the B-2 zone district; and a 3'6" arterial highway setback
variance, for construction of an addition to a wazehouse. Property Location: Lot 1, Block 5, Aspen Airport
Business Center.
Submitted to the Aspen Times on April 21, 1992.
To Be Published in the Aspen Times April 24, 1992.
County PO N
~Q~~16
Minutes
Pitkin County
Board of Adjustment
May 5, 1992
Members Present: Rick Neiley, Chairman Evan Gull
Stan Mathis Ted Guy
John Wheeler Rod Dyer
Mike Cooper
Staff: Joanna Schaffner, Zoning Enforcement
Neiley opened the meeting at 5:15 p.m. and introduced the Board to
those present. Michael Cooper was introduced to the Board as a new
member.
Joanna Schaffner addressed the Board stating that Lenny Oates,
representing Martin Schlumberger, has requested this case be tabled
to July 7, 1992. Guy moved to table Case x'92-18 until July 7,
1992, Mathis seconded the motion and all approved.
Case #92-20 Maaoon Nancv Lot R-73 Starwood Eleven
Ted Guy stated that he wanted the record to show that he and Stan
Mathis are abstaining from voting on this case as Mathis is
representing this case.
Stan Mathis was present to request an 80 foot front yard setback
variance, and a 3 foot north 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.
Mathis briefed the Board on the history of this property, stating
that it was previously before this Board requesting a 6 foot front
yard setback variance, which was granted. Mathis stated that
previously the southeast side was considered the front yard.
Mathis showed the Board the site plan and what is being requested.
A kitchen addition would further extend up the hill into the corner
of the site. The proposed addition would be back behind the house
and would not affect the adjacent homeowners.
Mathis stated that the lot is approximately 2.15 acres making this
a nonconforming lot.
Starwood Homeowner's Association has given their preliminary
approval for the proposed addition.
i
000017
There was no public comment.
After further discussion, Wheeler moved to grant an 80 foot front
yard setback variance and a 3 foot north side yard wetback
variance, due to downzoning and practical difficulties. The Board
has also determined that the front yard shall be the side along
Danielson Drive. Dyer seconded the motion. All were in favor.
Case #92-21 Palmiotto Philip Lot 21 Block 2, Crystal River
Country Estates
Rod Dyer and Michael Cooper will not vote on this case.
Philip Palmiotto was present to request a 50 foot front yard
setback variance, where 100 feet is required in the RS-30 zone
district, for construction of a single-family residence.
Palmiotto stated that the zoning on this property is RS-30. The
lot is only 125 feet in depth and it would make it impossible to
build a home with a 100 foot front yard setback.
Guy stated that the covenants for Crystal River Country Estates do
not have any specific setback requirements.
There was no public comment on this case.
After a brief discussion, Guy moved to grant a 50 foot front yard
setback variance due to downzoning, as per the plans submitted.
Wheeler seconded the motion and all were in favor. Motion passed.
Case #92-22 JBJN Ltd (John Armstronal, Lot 8, Block 4, Filin4
2 ~atewav of Snowmass Mesa
Rick Neiley and Evan Gull will not vote on this case.
John Spencer was present representing JBJN to request an 80 foot
front yard setback variance and a 20 foot north side yard setback
variance, where 100 feet and 50 feet, respectively, are required
in the RS-30 zone district, for construction of a single-family
residence.
The lot is a nonconforming lot with .91 acres. The lot is a very
steep lot which will require a steep driveway onto the property.
Neiley asked why the location of the proposed home has to be so
close to the front lot line. Spencer stated that if the proposed
home is moved further down the hill, the grade of the road will be
increased.
Mathis asked if the plans had to be reviewed by the Homeowner's
Association. Spencer did not know, but stated that John Armstrong
had taken the plans to a Homeowner's Meeting last year, but was not
sure what the outcome was.
2
OUOU18
Neiley asked for public comment. Patrick Kiltie asked where this
house would be located in relation to Lot 7. Spencer stated that
it would be behind and above it.
Gull believed that the covenants for Gateway of Snowmass Mesa had
the requirement of a 25 foot front yard setback variance. Guy
asked Spencer if the house could be moved back. Spencer stated
that he believed it could be.
After further discussion, Guy made a motion to grant a 75 foot
front yard setback variance and a 20 foot north side yard setback
variance, due to downzoning and topographical hardship. Dyer
seconded the motion and four were in favor, with Wheeler voting no.
Motion passed.
Dean Derosier (McLaughlin Water Engineers) and Nicki Lee (Swiss
Village Homeowner's Association) were present representing the
Swiss Village Homeowner's Association and the Mollicas, to request
a 41 foot major road setback, where 50 feet is required per the
Pitkin County Land Use Code, for construction of a chlorination
facility. (Please note: The notification was made for a 9 foot
major road setback variance, where 50 feet are required. It was
decided by the Board that since all postings have a stipulation on
them stating that a greater than or less than variance could be
granted, further notification and review was not necessary.)
Derosier stated that the existing water system that feeds Swiss
Village does not meet any State Health codes. The State has
requested that Swiss Village immediately update their water system
and bring it under compliance. The chlorination facility needs to
be as close to the well site as possible. This property is owned
by the Mollicas and would be hidden by many trees. This facility
will be built to resemble the Mollicas' cabins.
Derosier submitted pictures to the Board.
Schaffner spoke with Chuck Dunn at the Highway Department on May
5, 1992, in which he expressed that the Highway Department had no
concerns with the proposed development.
Neiley also read the April 5, 1992 letter from Jim and Sharon
Mollica into the record supporting this request.
There was no public comment.
After further discussion, Neiley moved to grant a 41 foot major
road setback variance due to practical difficulties. Guy seconded
the motion. All were in favor.
3
000019
Case #92-25 Brewer Jack Lot 1 Block 5 AABC
Ted Guy and Stan Mathis will step ,down because of potential
conflicts with this case.
Tim Hagman was present, representing Jack Brewer, to request a 3
foot 6 inch front yard setback variance and a 3 foot 6 inch rear
yard setback variance, where 30 feet and l0 feet, respectively, are
required in the B-2 zone district; and a 3 foot 6 " arterial
highway setback variance for construction of a new roof to an
existing warehouse.
Hagman submitted pictures showing the existing building, and gave
a brief history of the building. Range Rover wants to put a
dealership and service center in this building., To tie in with
the historic character of the building and honor its historic
significance in the area, the design of this addition is compatible
with the existing building.
Letters of support from John McBride, Steve Hansen and Stephen
McDonald were read into the record. There is also a letter of
support in the file from Roxanne Eflin, Aspen/Pitkin Historic
Preservation Officer.
There was no public comment on this case.
After further discussion, Gull moved to grant a 3 foot 6 inch front
yard setback variance, a 3 foot 6 inch rear yard setback variance,
and a 3 foot 6 inch arterial highway setback variance, due to the
unique conditions of the property not caused by the applicant and
practical difficulties, pursuant to the plans submitted. Dyer
seconded the motion and all were in favor.
The minutes were approved with the change made by Ted Guy
mentioning that Bob Gruder (for the Schlumberger case) was
representing Wade Kent.
The meeting was adjourned at 6:40 p
Resp ctfully sub fitted,
Cindy Ch istensen, Secretary
'm.n
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kick i ei. y, Chairman
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000020
ASPEN/PITKIN PLANNING OFFI~
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 APPLICATIONS
63320-141 ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125 -63340-205 ENVIRONMENTAL HEALTH
00123 -63340-190 HOUSING
00115 X3340-163 ENGINEERING
SUBTOTAL
County
00113 -63160-126 GMP/GENERAL
-63170-127 GMP/DETAILED
-63180-128 GMP/FINAL
-63190-129 SUB/GENERAL
-63200-130 SUB/DETAILED
-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 OFFICE SALES
00113 -63080-122 CITY/COUNTY CODE
-63090-123 COMP PLAN
-63140-124 COPY FEES
-69000-145 OTHER
Name: ~' ~ r ~; B~ ~), „~ ~-r^/
Address: - '/ ~ ~ ,• ~i !! .; "'
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Check # ~ ~' ~ ~~
Copies received:
G
SUBTOTAL - ~-
TOTAL~~-
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Phone:-L~i`S ~r )~l I
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Date: ~ -~+~ ~' 1 ~_.