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HomeMy WebLinkAboutminutes.boa.20080508CITY OF ASPEN BOARD OF ADJUSTMENT -SPECIAL MEETING MINUTES Mav 8, 2008 Minutes ...................................................................................................................... 2 Case #001-08 Smuggler LLC, Stan Johnson, 322 West Smuggler, 2 Setback Variances ................................................................................................................... 2 1 CITY OF ASPEN BOARD OF ADJUSTMENT -SPECIAL MEETING MINUTES May 8, 2008 Rick Head opened the continued meeting of the City of Aspen Board of Adjustment in Sister Cities Meeting Room at 4:00 pm. Board members present were Jag Pagnucco, Peter McClain, Charles Paterson and Rick Head. Staff in attendance were Jim True, Special Counsel; Errin Evans and Jennifer Phelan, Community Development; Chris Foreman, Parks; Jackie Lothian, Deputy City Clerk. Minutes MOTION.• Charles Paterson moved to approve the minutes from April 17, 2008 and May 1, 2008; seconded by Jag Pagnucco; all in favor, APPROVED. Case #001-08 SmugEler LLC, Stan Johnson, 322 West Smu~eler 2 Setback Variances Rick Head opened the continued public hearing on Case #001-08. Chris LaCroix, attorney for the applicant, stated the original packet was submitted by Mike Hoffman and Stan Johnson had a commitment to be out of the country so he is unable to attend. Chris LaCroix said that David Doer from John Olson Builders was also present. Chris LaCroix said that they were seeking 2 variances; a 4 foot variance from the 10 foot minimum setback requirement and the second is a five foot variance from the rear yard setback that only applies to the sub-grade space of the property. Peter McClain read the minutes from the last meeting and the application. Chris LaCroix recapped the project from 2006 and the work that the owner did with Parks in order to come up with a plan to preserve the trees on the property that Parks thought were important and necessary to preserve as a community resource. LaCroix stated that Parks was very clear that they couldn't guarantee anything until a formal building permit application was submitted; the owner, Parks, contractor and consultants went through several iterations of plans. LaCroix said the original plan required no variances and then Parks came out and re-prioritized the trees that had to go and some of the trees that had to stay; the current plan is one that Parks fully supports and endorses. LaCroix said the current site plan preserves 26 important trees and only works if they get the 2 variances requested. David Doer presented a site plan of the parcel where the variances were requested, the 2 garages with a 6 foot separation requiring a 4 foot setback variance and the sub-grade space needed a 10 foot rear yard setback but they were requesting a 5 foot setback to mirror the footprint of the garage spaces. 2 CITY OF ASPEN BOARD OF ADJUSTMENT -SPECIAL MEETING MINUTES May 8, 2008 Rick Head asked why there was the prohibition of the 5 foot space for the sub- grade space. Jennifer Phelan replied there was a requirement when it was a primary structure that was residential living was 10 feet from the property line; so an accessory structure, such as a garage is allowed to be 5 feet from the setback but living space is not. MOTION.• Charles Paterson moved to approve Resolution #001, series of 2008, to vary the setbacks on the property known as 322 West Smuggler Street, Lot M, N, and O Block 40, City and Townstie of Aspen and Lots 10, 11 and 12, Block 40 Hallam 's Addition, City of Aspen. The variance requests were fora 5 foot rear yard setback and 4 foot side yard setback variance for the construction of 2 new detached residential buildings in conformance with the attached site plan because the practical difficulty was the configuration of the trees as outlined to enjoy their property rights in the same vicinity. Seconded by Jag Pagnucco; all in favor, APPROVED 4-0. MOTION: Charles Paterson moved to adjourn at 4:20 pm seconded by Peter McClain; all in favor, APPROVED. ckie Lothian, Deputy City Clerk