HomeMy WebLinkAboutminutes.apz.19761214BRADFORD PIIBLISNINO CO.. DENVER R E C O R D O P P R O C E E D I N G S
Regular Meeting Planning & Zoning December 14, 1976
Chick Collins called the meeting to order at 5:10 p.m. with members Isaac,
Schuhmacher, Hunt and Hedstrom present. Also present Hal Clark, Sandra Stuller,
Bill Kane and Karen Smith
Minutes Hunt moved to approve the minutes from 9/7; 9/10, 9/14, 9/21
and 11/16 1976 with various corrections; seconded by Isaac.
All in favor, motion carried.
FAR amend- Bill Kane told the Commission the investigation into the FAR was
ments to R-6, precipitated by the Council. The feeling is that there is not
R-15 and R-30 adequate safeguards within residential zoning district within
the City. This should insure that buildings will be harmonized
in terms of scale and massing, with the existing neighborhoods.
An FAR control does exist in the County land use code.
Karen Smith said the rationale for an FAR control are light, air,
livability. The rationale also includes the fact that the larger
buildings seen now provide an incentive for short term rental.
The high cost of land is pushing people into maximizing the
square footage on their lot. Aspen is basically a low density
area; things are becoming out of scale. FAR is a technique
among several and is the most easily administered.
Ms. Smith explained that the FAR is the ratio of the floor area
within exterior walls of the building to the lot area. The FAR
provides a ratio that varies with the size of the lot. The
minimum size building required by the building code is about 300
square feet. The proposed FAR would allow larger houses than
that. After comparing Eagle County, Pitkin County FARS, a
recommendation for Aspen was made. Eagle and Pitkin Counties
both have a .3 FAR. The planning office is also recommending
a .3 FAR for Aspen. In the R-15 zone, a .16 FAR was recommended,
this would permit a 2400 square foot building on a minimum size
lot. A .2 FAR was recommended for duplexes in_the R-15. The
planning office has recommended a .13 for the R-30 zone for
single-family and duplexes.
Ms. Smith passed out a chart illustrating the floor area ratios
in each of the zone districts. Hunt said he had real problems
with FAR control. Hunt said he felt this was like overkill.
Some residents here who do a great deal of entertaining require
more than normal amount of rooms. These numbers the planning
office has come up with would handle a normal single family.
Aspen has other than normal single families. Hunt said he
wanted more time to study this. It would basically decrease
the flexibility of development of a piece of property. Hunt
said he was not interested in seeing square boxes built in an
allowable space. Kane replied that this would not produce
buildings of a like size; it is a ratio.
Collins asked what the county experience has been. Clark told
the Commission that the FAR control since 1974. The County
chose not to include basements in the FAR. The County includes
the garage if it is inside, but not if it is a separate
structure. This draft of the FAR for the City does include the
basement in the FAR. Hunt objected to including either the
basement or the garage. In an R-6 zone, this would not allow
for a very large house or for family additions.
Ms. Smith said there has been no adverse reaction to an FAR
control in the County. This could be because the lots are
larger. The Commission decided to discuss this concept further
at another meeting. The planning office will do more work on
the proposal
Regular Meeting Planning & Zoning December 14, 1976
Clark submitted a re-draft of the six month leasing restriction
with a fifth paragraph added.
Clark told the Commission that Council had passed on a rezoning
Ordinance for Alpine Acres, zoned R-15. The Council added some
restrictions, that the duplexes have a 1600 square foot per
side FAR. This would reduce some of the bulk of the buildings.
Council also added a six month leasing restriction.
Chocolate Clark stated this is a use determination for a candy store
Soldier - Use located at 308 S. Hunter. A design of the use was submitted.
Determination There is no sit down eating area. The P & Z has approved two
food-type uses in the C-1 district. The planning office's
general concern is that these food uses not include any sit-
down facilities for restaurant service. The planning office
recommends approval with the constraint of no sit down.
Keleher stated he felt the orientation of the building and its
located was most advantageous. This will be more of a gift
shop. Keleher pointed out that this will face the CC zone.
All the food will be boxed or wrapped.
Collins read the conditional uses in the C-1 district. Keleher
told the Commission this store had been approved by the
sanitarian. Collins said if this was approved as a specialty
food store, that could apply to many concerns. There would be
a proliferation of these on the fringe of the CC district.
This will make less space available for those uses meant to
be in the C-1 zone. Keleher asked if he could go ahead and
start the business before the public hearing. City Attorney
Stuller said there was no precedent for this. Clark stated
this would be predetermining that this is an allowed use.
Hunt moved to set the public hearing for a conditional use for
January 4, 1977; seconded by Isaac. All in favor, motion
carried.
Pawn Shop Clark said this is a use determination for the Hotel Jerome
Use Deter- for a pawn shop. This will be buying, selling, trading, holding
urination in pawn new and antique merchandise. The property is zoned
CC. This is a combination retail and financial institution.
The recommendation of the planning office is approval by right
in this instance. Isaac stated that he thought a pawn shop
was a bad use in the hotel.
Hunt moved to approve the pawn shop as a permitted use in the
commercial core zone; seconded by Hedstrom. All in favor,
with the exception of Isaac. Motion carried.
Subdivision This is a request for subdivision exemption by the Slavens to
Exemption - divide lots Q, R, and S in Block 35, East Aspen Townsite into
Slavens two parcels. The division would leave lot S to go with the
existing single family dwelling. Lots Q and R are currently
vacant. The property is zoned R/MF. The Board of Adjustment
granted a variance to create a non-conforming lot. Clark read
the minutes from the Board of Adjustment.
The planning office is concerned by the principle of establishinc
a non-conforming lot. This could establish a new way to create
developable parcels within the City. In this particular case,
since the property is zoned R/MF, in all probability it will be
developed in high density. The planning office feels that the
single family dwelling on Lot S should continue to exist.
The planning office supports the exemption, Lot S should be deed
restricted to a single family dwelling.
Hunt pointed out that the applicant would benefit from this non-
conforming procedure. Hunt said he would like to minimize the
expansion of the non-conformity; there is a logical limit that
that lot can support.
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Regular Meeting Planning & Zoning December 14, 1977
Slavens (cont.) Jim Moran, representing the Slavens, stated this would
simply become a non-conforming lot and is restricted to
a single family dwelling. Moran said that the Slavens
are willing to restrict the use to a single family dwelling
Clark pointed out that any development, multi-family, on
the two lots will have to go through subdivision procedures
The only thing the P & Z is exempting is review of the
existing single family and the portioning of the lots.
The six month leasing restriction would apply only to
lots Q and R; single family dwellings are exempted.
Hunt moved to exempt the Slavens parcel from the strict
application of the subdivision regulations, and it is to
be noted that the single family dwelling on lots S shall
remain as a single family dwelling so long as the building
lasts; seconded by Isaacs. All in favor, motion carried.
Hunt pointed out that the single family dwelling was not
a restriction, but merely a notation. This will not
prevent the lot from being sold back to the adjacent
property owner.
Subdivision
Exemption-Mars Clark told the Commission this is a request for a subdivi-
sion exemption by the Mars to condominiumize an existing
duplex located in the Hallam addition, south 35 of north
49 feet of lots 16, 17, 18, 19, 20 of Block 99. The
applicant is willing to restrict the units to six month
leasing restrictions. The planning office recommends
approval with that condition. The engineering department
has not comments. This property is located in the R-6
zone on 617 Fourth street, and in 1966 received a variance
to build a duplex on a lot less than 6,000 square feet.
There is about 5,000 square feet on the lot.
Hedstrom moved to exempt the Mars duplex from subdivision
regulations subject to the six month lease restrictions;
seconded by Hunt. All in favor, motion carried.
Subdivision
Exemption Clark said this property is Lot 2, Block 2 Pitkin Mesa
Heller subdivision and is in process of annexation to the City.
There will be a hearing to rezone the property to R-15
at the next P & Z meeting. This is condominiumization of
an existing duplex. The planning office recommends
approval with the six month lease restriction.
Isaacs moved
the six month
All in favor,
to approve the exemption from subdivision with
lease provision; seconded by Schuhmacher.
motion carried.
Isaacs moved to adjourn the meeting at 7:25 p.m.; seconded
by Hedstrom. All in favor, motion carried.
Kathryn Hau er, City Clerk