HomeMy WebLinkAboutpitkin.boa.92.23
PITRIN COIINTY
BOARD OF ADJIISTMENT
0
DATE
APPLICANT liJ1Y 1~ ~ ~C~i~Y I
MAILING ADDRESS ~~~C, [~~~~ `(~•~
OWNER ~
MAILING ADDRESS f
LOCATION OF PROPERTY
CASE ~ //__ ` ~/HOC-7~
PHONE W ~9 ~/ I ~a` (~
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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:
S R Zone District
Requesting: .1~va1c. 7~ Lot Size
1~.: ler 15 ked
' Front Yard Setback Variance, where 30 ' is required.
' Rear Yard Setback Variance, where ~_' is required.
Side Yard Setback Variance, where /C7 ' 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:
Zooning Official ~ ~
Application filed .~ / -~~-- Parce SID No. 1i~3 - dG - DD -~/ 9
Date of Meeting
Notices Mailed Secretary
Refer Resolution to Building Department ; _ ; Yes ~ _~ No
000001 c~Z6
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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:
June 2, 1992 at 5:15 p.m.
1st Floor Council Chambers, City Hall
Aspen Village; Cathy J. Kerr
Cathy J. Kerr
P.O. Box 8787
La Jolla, CA 92038
Aspen Village, Lot #131
Requesting approval for a 15 foot front yard setback variance and
a 7 foot rear yard setback variance where 30 feet and 10 feet,
respectively, are required for placement of a mobile home; and a
6 foot rear yard setback variance and an 8 foot side yard setback
variance where 10 feet and 10 feet, respectively, are required in
the SR zone district for construction of a proposed shed. Approval
of this variance would locate the trailer 15 feet from the front
yard property line and 3 feet from the rear yard property line; and
the shed 4 feet from the rear yard property line and 2 feet from
the side yard property line.
VARIANCES GREATER OR LESS THAN REQUEBTED COULD SE GRANTED.
Duration of Variance: Temporary Permanent X
000002
THE ITKIN~~OARD OF ADJUSTMENT
Cind L. Christensen, Secretary
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Box 7001, Aspen, CO 81611
(303) 923-4337
May 28, 1992
Aspen Pitkin Planning Office
Joanna Schaffner
506 E. Main
Aspen, CO. 8161 1
Re: Space X131 New Mobile Home
Dear Joanna Schaffner:
JUN ~
Aspen Village is aware and approves of the new mobile home which is
planned for space ~ 131 at Aspen Village Mobile Home Park. The old
unit is 12 X 60 and the new unit is 16 X 56. The new mobile home is
wider, but not as long as the old unit, so the new unit will fit on the
current space with plenty of area around. Space's 131 is located on
the back row which was originally designed as a double wide lot.
Since the new mobile home is only single wide, there will be plenty
of room.
If you have any questions, please feel free to contact me.
Sincerely,
Patricia Dickerson
Manager- Aspen Village
OUQO~?
ASPEN/PITKIN PLANNING OFFI("'
t30 South Galena Street ~.
Aspen, Colorado 87617 .. .
(303). 920.5090
LAND USE APPLICATION FEES
cny
00113 --63250-134 GMP/CONCEPTUAL
-63270-136 GMP/FINAL
-63280-137 SUB/CONCEPTUAL
-63300-139 _
SU&FINAL
-63310-140 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
-631 70-7 27 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
{3450-146 BOARD OF ADJUSTMENT
REFERRAL FEES:
00125 -63340-205 ENVIRONMENTAL HEALTH
00123 -63340-190 HOUSING
00113 X3360-143 ENGINEERING
PLANNING OFFICE SALES
00113 -63080-122 CITY/COUNTY CODE
b3090-123 COMP. PLAN
=63140-124 COPY FEES
-69000-145 OTHER
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County of'Pitkin
State of Colorado
The undersigned,
follows:
I,
being or
representing an Applicant before the Pitkin County Board of
} AFFIDAVIT OF NOTICE BY
} ss. POSTING OF A VARIANCE HEARING
} BEFORE THE PITKIN COIINTY
BOARD OF ADJIISTMENT
being first duly sworn, deposes and says as
1l d~~~before the fearing date).
\Applicant's Signature
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Subscribed and sworn to before me
,' ~ this 1 JT^ day of ~t~
- - - 19~ ~ by ,J
__ K~+M Vh o ~t5~.
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
3
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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 _ I ~ Io~V 19~_, to the
day of ~,~P~P~n-~ 19~. (Must be posted for
WITNESS MY HAND A1~TD OFFICIAL SEAL.
My Commission expires• a 6
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#347391 ~?8/~:•= 09:48 Fec $.UO BK 685 i•384
Silvia Davis, Pitkin Cnty Clerk, Doc $.Or~
REBOLIITION OF TEE PITRIN COIINTY, COLORADO
BOARD OF ADJIIBTMENT
GRANTING SETBACK RELIEF FOR ASPEN VILLAGE (LOT X131)
RESOLIITZON NO. 92-23
WHEREAS, Aspen Village resident Cathy Kerr, owner of a mobile home
located at Aspen Village, Lot 131, is requesting a 15 foot front
yard setback variance and a 7 foot rear yard setback variance,
where 30 feet and 10 feet, respectively, are required for placement
of a mobile home; and a 6 foot rear yard setback variance and an
8 foot side yard setback variance, where 10 feet and 10 feet,
respectively, are required for construction of a proposed shed; 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
15 foot front yard setback variance and a 7 foot rear yard setback
variance, be granted for placement of a mobile home; and a 6 foot
rear yard setback variance and a 5 foot side yard setback variance, ~
be granted for construction of a proposed shed, 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.
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#347381 OB/04~ 09:48 Rec $.Oi~ $h' 685 P~S
Silvia Davis, tkin Cnty Clerk, Doc ~.OO
Resolution No. 92- 3
Page 2
The Resolution was adopted by vote of the Board of Adjustment of
the County of Pitkin, State of Colorado.
DATED: June 2, 1992
ATTEST:
t~-
Cind L. C ristensen,
Secretary
The Board of Adjustment
of Pitkin County, Colorado
Ted Guy,
Acting Chai
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f #347381 OS/0~ • 09:48 kec $.00
Silvia Davis, Pitkin Cnty Clerk,
BK 685 F
Doc $.OU
EXHIBIT "A"
Legal Description
for property owned by
ASPEN VILLAGE, INC.
(Cathy Kerr)
Lot 131
Aspen Village
Pitkin County, Colorado
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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, Pitkin County Court House, Aspen, Colorado, (or at such other place as the
meeting may then be adjourned) to consider an application filed with the said Boazd of Adjustment requesting
authority for variance from the provisions of the County zoning Resolution.
All persons affected by the proposed variance are invited to appeaz 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,
particulazly if you have objectron 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 T1ME OF MEETING: Tuesday, June 2, 1992; 5:15 P.M.
1st Floor Council Chambers, City Hall
Aspen Village/Kerr, Cathy: requesting approval fora 15' front yard setback variance and a 7' reaz yard
setback variance where 30' and 10', respectively, aze required in the SR zone district for placement of a
mobile home; and a 6' reaz yazd setback variance and an 8' side yazd setback variance where 10' and 10',
respectively, are required in the SR zone district for construction of a shed. Property Location: Aspen
Village, Lot #131.
Boyd, Constance (Heatherbed Lodge): requesting approval fora 30' front yazd setback variance, where 75
feet is required in the AR-1 zone distnct, for construction of a barn; and a 15' front yazd setback variance,
where 75 feet is required in the AR-1 zone district for construction of an employee dwelling unit. Property
Location: 1679 Maroon Creek Road.
Lackey, Mary Ellen: requesting a 12' height variance, where 12' is required per the Pitkin County Land Use
Code, for an existing ranch gate. Property Location: White Staz Ranch, Lot #5.
Cretti, Clark: requesting a 2' front yard setback variance and a 6' north side yard setback variance, where
30' and 15', respectively, are required in the R-30 zone district, for construction of an attached gazage.
Property Location: Redstone Subdivision, Lot #13.
Calaway, Connie & Jim: requesting a 70' front yard setback variance, a 10' rear yazd setback variance, and
a 15' west side yard setback variance, where 100', 30' and 30', respectively, are required in the AF-1 zone
district, for construction of asingle-family residence. Property Location: Crystal River Park Subdivision, Lots
9A and 10A.
Glick Family Trust; requesting approval fora 150 square foot increase in floor azea where a maximum of
3,118 square feet is permitted for this lot in the R-30 zone district, to cover an entry. Approval of this
variance would allow the existing structure to exceed allowable floor area by 150 square feet. Property
Location: Lot 8, Block 2, Filing 1, Meadowood Subdivision (75 Bluebonnet Trail).
Submitted to the Aspen Times on May 19, 1992.
To Be Published in the Aspen Times May 22, 1992.
County PO #
000014
Minutes
Pitkin'County
Board of Adjustment
Jung 2, 1992
Members Present:
Members Absent:
Staff:
Ted Guy, Acting Chair Evan Gull
John Wheeler Rod Dyer
Mike Cooper
Rick Neiley Stan Mathis
Joanna Schaffner, Zoning Enforcement
Guy opened the meeting at 5:20 p.m. and introduced the Board to
those present.
Guy read a letter into the record from Cindy L. Merrill, Secretary
to Andrew V. Hecht, who is representing the Glick Family,
requesting that this case be tabled to the July 7, 1992'meeting.
Dyer moved to table Case ,$`92-31 to July 7, 1992, Wheeler seconded
the motion, and all were in favor.
Case #92-23, Asoen Village (Kerr) Aspen Villaae Lot No 131
Jama Parker was present, representing Cathy Kerr, to request a 15
foot front yard setback variance and a 7 foot rear yard setback
variance, where 30 feet and 10 feet, respectively are required for
placement of a mobile home; and a 6 foot rear yard setback variance
and an 8 foot side yard setback variance, where 10 feet and 10
feet, respectively, are required for construction of a proposed
shed.
Guy read into the record the letter from Patrician Dickerson,
Manager of Aspen Village, that they are aware of the request being
made and approve of this request.
Guy asked Schaffner if this met the standards as far as the Code
for mobile home parks, and the request does meet these standards.
It was mentioned that this is a double-wide lot.
There was no public comment.
Wheeler asked why the shed had to be so close to the property line
and asked if it could be moved closer to the mobile home. After
further discussion, it was agreed that a 5 foot variance would be
more acceptable than 8 feet, which would leave 7 feet between the
shed and the trailer (instead of 11 feet).
1
000015
..
Dyer made a motion to grant a 15 foot front yard setback variance
and a 7 foot rear yard setback variance, for placement of a mobile
home; and a 6 foot rear yard setback variance and an 5 foot side
yard setback variance, for construction of a proposed shed, due to
downzoning. Wheeler seconded the motion and all were in favor.
Case x#92 26 Bovd Constance (Heatherbed Lodge) 1679 Maroon Creek
oad
Guy stated for the record that he has done work previously at
Heatherbed Lodge, but is not currently doing work on this property
and believes that there is no conflict. Jim Curtis was present to
represent Constance Boyd. Boyd is requesting a 30 foot front yard
setback variance, where 75 feet is required in the AR-1 zone
district, for construction of a barn; and a 15 foot front yard
setback variance, where 75 feet is required for construction of an
employee dwelling.unit. -
Curtis briefed the Board on the history of the lodge and the layout
of the land. Heatherbed Lodge has already received approval from
the Board of County Commissioners for an employee/manager/owner
dwelling unit and an accessory barn. Curtis stated that there is
an existing structure where the dwelling unit is proposed to be
built. The new structure will be incorporating some of this
existing structure. The intent of the setback variance is
essentially to allow both structures to be up against the hillside,
further away from the floodplain, and minimize the visibility from
Maroon Creek Road.
There was no public comment.
After further discussion, Gull made a motion to grant a 30 foot
front yard setback variance for construction of a proposed barn,
and a 15 foot front yard setback variance for construction of an
employee dwelling unit, due to topographical hardship and pursuant
to the plans submitted. Dyer seconded the motion and all were in
favor .
Case 92-27 Lacke Mar Ellen Lot 5 White Star Ranch
Guy turned the Chair over to Dyer as he was the architect of the
remodel on the Lackey property, and stepped down from this case.
Mary Ellen Lackey and Gary Combs were present to request a 5 foot
height variance, where 12 feet is the maximum permitted for
accessory structures per the Pitkin County Land Use Code, for an
existing ranch gate.
Schaffner stated that at the time of posting, Lackey was requesting
a 12 foot height variance for an addition of a pagoda to the top
of the existing ranch gate. The applicant has dropped the pagoda
from the plans and is only asking for a variance for the existing
ranch gate (which is presently 17 feet high).
2
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The ranch gate has been in existence for over one year and does
conform to the setback requirements.
Dyer asked what the Planning Office's view was on ranch gates.
Schaffner stated that the Board of County Commissioners are not
willing to support a change in regulation or policy to allow for
ranch gates in the County. Zoning believes that if they are kept
out of the setback, they need a height variance because the
accessory height limit of 12 feet conflicts with the Fire
Department requirement of 14 to 15 feet for their emergency
vehicles.
Combs stated that the gate was indicated on the approved building
plans.
There is a•letter from White Star Ranch Homeowners' Association.
giving their approval for the existing gate only.
Gull stated that he finds it difficult to oppose what are clearly
privileges that have existed and have been granted, especially
since this existing ranch gate is outside the setbacks.
Wheeler stated that if this had come before the Board before being
built, that he would have denied the request.
Guy stated that since he is not voting on this case, to get an
approval, it would have to be unanimous. Guy asked Lackey if she
wanted to table this request to the July 7 meeting and she stated
she would. Gull moved to table Case 92-27 to July 7. It was
seconded and all were in favor.
Case #92-29. Cretti Clark Lot 13 Redstone Subdivision
Clark Cretti was present to request a 2 foot front yard setback
variance, and a 6 foot north side yard setback variance, where 30
feet and 15 feet, respectively, are required in the R-30 zone
district for construction of an attached garage.
Cretti stated that the Redstone Historical Society granted approval
for this request. on their recommendation, Cretti moved the
proposed structure back two feet.
Schaffner stated that the applicant is going through a minor 1041
hazard review and that the Planning Office sees no problem with the
variance request.
Cretti stated that the proposed garage will be back into the
hillside where there has already been some excavation. This is to
be a two-story structure.
There was no public comment.
3
QD~U1~
After further discussion, Wheeler moved to grant a 2 foot front
yard setback variance, and a 6 ~~foot Wort ursuant yto theeplans
variance, due to topographical hardship and p
submitted. Gull seconded the motion and all were in favor.
YGLn ouan..i. ., .,..
Connie Calaway was present to request a 70 0o ro
variance, a l0 foot rear yard setback variance and a 15 foot west
side yard setback variance, where 100 feet, 30 feet and 30 feet,
respectively, are required in the AF-1 zone district, for
construction of a proposed single-family residence.
Calaway stated that there is a change in the request. The
adjoining neighbors, the Bostrons, at Lot 8A, asked Calaway if she
would move the proposed residence to 40 feet from the lot line.
The Bostrons have agreed to honor the same agreement .from their
side of the adjacent lot line. Therefore, a west side `yard setback
variance is no longer being requested.
Wheeler stated that this is a clear case of downzoning.
There was no public comment on this case.
After further discussion, Gull moved to grant a 70 foot front yard
setback variance, and a 10 foot rear yard setback variance, due to
downzoning, as shown on the revised plans submitted. Cooper
seconded the motion and all were in favor.
Snowmass Mesa 5uclaivi5~~+„
Steve Smart was present to request approval for a 45 foot rear yar
setback variance, where 50 feet is required in the RS-30 zone
district, for construction of a proposed single-family residence.
Smart stated that a 40 foot rear yard setback variance was already
approved on February 4, 1992, but that the footprint of the house
has been changed. The elevations and the footing of the building
have been changed due to cost.
Guy read the February 4 minutes into the record.
Wheeler stated that with the reconfiguration of the house, he felt
this was too close to the property line. Whereas a corner of the
house was close to the property line in the first request, the
whole facade of the house would be 5 feet from the property line
per the present request.
Smart stated that the owner of Lot 4, who would be most affected,
the proposedheresidencehbackr further,ggas tree hmightnhave too lbe
removed.
4
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After further discussion, most members had difficulty supporting
a 45 foot rear yard setback variance, but would support a 40 foot
rear yard setback variance.
Gull moved to grant a 40 foot rear yard setback variance, where 50
feet is required, due to downzoning and topographical hardship.
Cooper seconded the motion and all were in favor with wheeler
voting no. Motion passed.
******************************,t******************************~*****
The May 5 minutes were approved as written.
The meeting was adjourned at 6:40 p.m.
Respectfully submitted,
Cindy Chri tensen, Secretary
ed Guy, Acting Chai
5
0000?9
.ASPEN/PITKIN PLANNING OFFI
~
130 South Galena Street
Aspen, Colorado 81617
(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/
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/DETAILED
-63180-128 GMP/FINAL
-63190-129 SUB/GENERAL
E3200-130 SUB/DETAILED
-63210-131 SUB/FINAL --
-63220-132 ALL 2-STEP APPLICATIONS
113230-133 ALL 1-STEP APPLICATIONS -_
CONSENT AGENDA ITEMS ~---
-63450-146 BOARD OF ADJUSTMENT ~--
REFERRAL FEES:
00125
00 -63340-205 ENVIRONMENTAL HEALTH
123 -63340-190 HOUSING
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 ~--
j TOTAL ~--
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Address: - j
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Copies received: n
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