HomeMy WebLinkAboutminutes.council.20090526Regular Meetine Asoen Citv Council Mav 26, 2009
PROCLAMATION -Arbor Day ........................................................................................ 2
CITIZEN COMMENTS ..................................................................................................... 2
COUNCILMEMBER COMMENTS .................................................................................. 2
CONSENT CALENDAR ................................................................................................... 4
• Resolution #30, 2009 -Gas Drilling in Pitkin County ........................................... 4
• Junior Hockey Settlement ....................................................................................... 4
• Minutes - Apri127, May 11, 2009 .......................................................................... 4
REQUEST FOR FUNDS -Summer Mall Entertainment .................................................. 4
RESOLUTION #31, 2009 -Underpass on Castle Creek ................................................... 5
ORDINANCE #16, SERIES OF 2009 - 210 West Francis Ordinance #48 Negotiation... 5
ORDINANCE #12, SERIES OF 2009 - 627 West Main TDR Establishment .................. 6
ORDINANCE #13, SERIES OF 2009 - 219 South Third Ordinance #48 Negotiation..... 7
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Regular Meetine Aspen City Council Mav 26 2009
Mayor Ireland called the meeting to order at 5:10 p.m. with Councilmembers Johnson,
Romero, Skadron, and Kasabach present.
PROCLAMATION -Arbor Day
Mayor and Council proclaimed May 30th as Arbor Day and urged citizens to support
efforts to care for trees and woodlands and to support the city's community forestry
program. Chris Foreman, city forester, invited the public to the Arbor Day celebration at
Paepcke Park on Saturday May 30`h at 10 a.m.
1. Janice Vos Caudill, Pitkin County Clerk, announced that Senate Bill 108 will go
into effect June 15` and it increases vehicle registration late fees up to $25 with a
maximum late fee of $100. Ms. Vos Caudill told Council there are advertisements in the
newspapers about this increase and information on the joint website.
COUNCILMEMBER COMMENTS
1. Councilwoman Kasabach noted there is a plastic bag challenge with CAST
members. The Summit newspaper has a story has Summit County has not used almost
93,000 plastic bags and Aspen has not used 21,000 plastic bags. Councilwoman
Kasabach urged everyone to use recycled bags when shopping.
2. Councilwoman Kasabach said she attended her last NW Colorado Council on
Governments meeting and the subgroup, Rural Resort Region, meeting. Councilwoman
Kasabach said this group is focusing on seniors in mountain communities.
Councilwoman Kasabach urged Council to appoint someone who will continue to attend
these meetings as it seniors are a growth trend.
3. Councilman Romero thanked the organizers of the Memorial Day event, Dan
Glidden and Dick Merritt. It was a great even and a time to honor service people and
their families.
4. Councilman Skadron brought up the quarterly financial report, revenues and
expenditures and that year-to-date revenues aze 24% of expected with a projected
shortfall of $3.6 million and the expenditures would be $3.7 million in excess of the
budget for a total of $7.3. Is that impacting the city and is staff prepazed to address a
shortfall like this. Ashley Ememann, finance department, told Council the city does not
budget monthly and expenditures and revenues do not come in and go out in even month
installments. Ms. Ernemann pointed out the expenditures in this report have not been
lowered as presented to Council in the supplemental appropriation ordinance recently
adopted. Ms. Ernemann said a better reference point is a comparison between 2009 and
2008. Comparing this time in 2008 to 2009, in 2008 the revenues were 27% and in 2009
they aze 24.6% received. Ms. Ernemann said the expenditures are lower when comparing
2008 and 2009. The monthly reports contain fund balances and these aze as expected.
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Regular Meeting Aspen City Council Mav 26, 2009
Councilman Skadron said the RETT exceeds projection. Ms. Ernemann said this is due
to fractional units that closed in the first quarter of 2009; staff is not estimating to end the
year ahead. Councilman Skadron noted sales and lodging tax is showing 25% less than
projected. Ms. Ernemann reiterated sales and lodging tax does not come in equally
throughout the yeaz. Councilman Skadron said the report shows in the first quarter the
city spend 36% of the operating budget and will the budget projections be sufficient. Ms.
Ernemann said the city budget cannot be increased without Council's approval;
departmental budgets cannot be exceeded.
Councilman Johnson asked the point of putting out a quarterly report and if it is
important to put this report it, it should have a paragraph explaining that the city does not
budget monthly or quarterly and attempts to annualize the percentages will lead to
misunderstandings. Mayor Ireland agreed there should be an explanation. The important
information is how aze the fund balances doing and is there an assessment from the
finance department that revenues are slipping behind what is expected. Councilman
Johnson suggested the quarterly report be eliminated and the monthly report published.
5. Mayor Ireland said Memorial Day is a good day to reflect on the anned services
and their contributions.
6. Mayor Ireland thanked the special events department for the bicycle race.
Attendance was up and there was a lazge crowd.
7. Councilman Skadron reported he attended the RFTA Board meeting. Their
revenues are 21 % off budget; recent cuts have offset some of that. The Board is
discussing more cuts for 2010 if the economy does not improve. Options for cuts aze
cutting late night service from Aspen to Glenwood; fare increases; wage freezes;
deferring capital projects and eliminating service to Rifle. Councilman Romero noted
that Rifle and Gazfield County are not tax participants in RFTA. Councilman Skadron
said Rifle and Garfield do make financial contributions but not on par with contributions
by other entities.
8. Councilman Romero said he attended the Aspen Fire Protection District Board,
who had a strategic planning session, talked about enhanced communication and
coordination with other jurisdiction. Councilman Romero said the Board is discussing
the mill levy credit. Mayor Ireland said he would go with Councilman Romero to the
District Boazd to talk about the mill levy.
8. Mayor Ireland said he attended the state transportation advisory committee and
was advised CDOT will face another $100 million shortfall because of lack of federal
funds. Mayor Ireland reported Colorado is ahead of the federal guidelines requiring
money be spent through appropriation process; half of the money has to be spent within 6
months. Mayor Ireland said if any state falls short, the money goes back to the federal
government and is reallocated. Mayor Ireland said this fall there will be guidelines for
Regular Meeting Aspen City Council Mav 26, 2009
small starts transportation for projects ranging from $20 to $200 million and this range is
appropriate for BRT.
CONSENT CALENDAR
Mayor Ireland removed the Castle Creek bike trail and the summer mall entertainment
from the consent calendar.
Mayor Ireland moved to approve the consent calendar as amended; seconded by
Councilman Romero. The consent calendar is:
• Resolution #30, 2009 -Gas Drilling in Pitkin County
• Junior Hockey Settlement
• Minutes - Apri127, May 11, 2009
All in favor, motion carried.
-Summer Mall Entertainment
Mayor Ireland said CCLC committed to raise $5,000 and Council would match that 3 to 1
to spend $20,000 for 10 weeks entertainment in the mall. Mayor Ireland said he would
like to see a plan and a budget. Mayor Ireland noted he is concerned about any conflicts
with music students; the city can pay music students so they have a guaranteed income
and they know when and where they are supposed to play. Andrew Kole, CCLC, told
Council he does not anticipate conflicts between entertainers and music students. Kole
said he will meet with the Aspen Music Festival and school over the scheduling. Kole
said this entertainment will not affect the Wheeler opera series.
Kole said the budget does not cover paying the music students but that could be
reconsidered. The students will not be displaced to eam the money they earn.
Councilman Johnson asked if there is an application process for performers. Kole said
there will be music and other entertainment. The other entertainment is done through
Tammi Barr who has a company with entertainers to make sure this is organized. Kole
said he will work with staff and try and give all musicians an opportunity to play in the
mall. Amplified music will not be allowed; some small microphones will be used.
Councilwoman Kasabach said in the past, many retail stores close at 5 p.m. and if this is
to provide entertainment on the mall, stores should stay open. Kole said there is a new
retail association. This entertainment is planned for Wednesday through Saturday, 5 to 8
p.m. and it is flexible and if they need to change to 4 to 7, it can be done. Councilman
Johnson noted in the past 4 years, every time the issue of promoting vitality is raised, the
problem is that the stores are not open. Kole said stores will stay open to see if they are
doing business and if they are not, the plan will be re-examined. Councilman Johnson
said the sentiment has been that there is a connection between spending public money
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Regular Meeting Asuen City Council May 26 2009
and increased revenues. Councilman Johnson said there should be an analysis done on
whether businesses stayed open and whether there was increased revenue or not. Mayor
Ireland reiterated there has to be communication with the music festival.
Mayor Ireland moved to approve funds for the summer mall entertainment; seconded by
Councilman Johnson. All in favor, motion carried.
RESOLUTION #31, 2009 -Underpass on Castle Creek
Mayor Ireland said this is one of the worst parts of the bike trails around town; there are
blind corners; there is an accumulation of ice; there are not good sight lines; the mirrors
are not easy to use. Councilman Skadron asked about the new alignment on the Marolt
property; the trail is being moved toward the middle of open space. Jeff Woods, parks
director, said the most dangerous part of the trail is on the Marolt property dropping
down to the underpass. The plan is to move is to the south and make it less steep.
Councilman Skadron said the trail currently goes along side of open space and now is
bisecting open space.
Scott Chism, parks department, said the new trail alignment follows an old ranch road,
which is already cleared. Stephen Ellsperman, parks department, noted the old ranch
road is also used as a Nordic trail. Ellsperman agreed this section is the most dangerous
in the city's trail system and by using the ranch road alignment, safety can be increased
and the trail is moved away from Highway 82, which becomes a better experience for
trail users. Ellsperman said the Open Space Board reviewed this and agreed it is a more
preferable alignment. Councilman Skadron asked how far south the trail will be moved.
Chism said it is 50 to 60 feet.
Mayor Ireland stated he supports the new alignment as a safer alignment. Mayor Ireland
agreed moving the trail away from the highway is a benefit to the users. Councilman
Skadron asked about moving this bike path onto open space without a vote. John
Worcester, city attorney, noted the charter allows open space to be used for recreational
purposes and specifically for trails. Councilman Johnson agreed walking along this path
next to the highway is not a good experience. Councilman Romero asked where the bids
came from and has the parks department had experience with this contractor. Chism told
Council the bidders were front range, regional and local. This bidder is from the front
range. Staff checked references and everyone who has worked with them recommends
them.
Mayor Ireland moved to adopt Resolution #31, Series of 2009, Contract Construction
Castle Creek Underpass; seconded by Councilman Johnson. All in favor, motion carried.
ORDINANCE #16. SERIES OF 2009 - 210 West Francis Ordinance #48 Negotiation
Councilman Skadron moved to read Ordinance #16, Series of 2009; seconded by
Councilman Romero. All in favor, motion carried.
Regular Meeting Asaen City Council Mav 26, 2009
ORDINANCE #16
Series of 2009
AN ORDINANCE OF THE CITY COUNCIL OF TH CITY OF ASPEN, COLORADO,
TERMINATING ORDINANE #48, SERIES OF 2007, NEGOTIATIONS FOR
LANDMARK DESIGNATION OF 210 W. FRANCIS STREET, LOTS P AND Q,
BLOCK 48, CITY AND TOWNSITE OF ASPEN, COLORADO, WITH CONDITIONS
Amy Guthrie, community development department, told Council the property owner
applied for a demolition permit and then expressed willingness to negotiate. The
property owner is not sure what she wants to do and has removed the demolition permit
and has requested a remodel permit. This proposal is to terminate the negotiation process
and to provide a lengthy expiration date for the demolition permit; this is a staff
recommendation.
Mayor Ireland moved to adopt Ordinance #16, Series of 2009, on first reading; seconded
by Councilman Romero. Roll call vote; Councilmembers Skadron, yes; Romero, yes;
Kasabach, yes; Mayor Ireland, yes. (Councilman Johnson temporarily absent). Motion
carried.
ORDINANCE #12, SERIES OF 2009 - 627 West Main TDR Establishment
Sara Adams, community development department, told Council this is a 3,000 squaze
foot lot on Main street designated historic. The property received approval from HPC for
an addition to the rear and for rehabilitation that earned a 500 square foot FAR bonus.
Ms. Adams told Council one TDR has already been severed from this property. This
request is to establish one more 250 square foot TDR. The review criteria involves
looking at the existing development as well as approved development. The existing
development is deficient 16 square feet to establish a 250 squaze foot TDR. There is 234
squaze feet of unbuilt floor area. Staff is recommending a conditional approval for the
establishment of this TDR. This TDR will only be issued after 16 squaze feet have been
demolished from the property in order to comply with the review criteria.
Mayor Ireland moved to adopt Ordinance #12, Series of 2009, on second reading;
seconded by Councilman Romero,
Councilwoman Kasabach said she assumes that 16 squaze feet is not historically
designated. Ms. Adams said the non-historic rear addition will be reconfigured to
comply with the floor area calculations to sever a TDR. Councilman Skadron said it is
important to understand the impacts of a well intentioned program. Councilman Skadron
said 31 TDRs have been approved and 23 have been severed from their properties.
Councilman Skadron said if each TDR is good for 250 square feet of development, that is
7, 750 square feet of additional development, which could be $19.4 million worth of
additional development. Councilman Skadron asked if tax revenue is generated from the
sale of TDRs. Mayor Ireland said only through increased property values and higher
property tax, or real estate transfer tax paid to the city when the property is sold.
Regular Meeting Aspen City Council Mav 26, 2009
Councilman Skadron said the majority of the TDRs are at Fox Crossing, which makes an
inappropriate density. Ms. Adams told Council the Fox Crossing TDRs came from 3
historic structures within their development and the Fox Crossing meadow, which
allowed them to sever floor area and to shuffle the square footage around. This was all
intema] and was part of the subdivision agreement. Councilman Johnson noted one
example is to take development pressure off a lot like 100 East Bleeker and to move it
Moore drive, which can handle more development
Mayor Ireland opened the public hearing.
Mike Maple agreed the landing of TDRs is a significant concem. Maple said there is no
discretion by Council as to where the TDRs will land and there are some parts of town
that the landing of TDRs would not be appropriate. Maple said he is concerned that with
the lack of guidance, Council cannot see what the community will look like when there
are 200 TDRs landing all over. This is transfemng density from one neighborhood to a
yet to be determined neighborhood. Maple said he is concerned about development
bonuses landing anywhere and about variances being given anywhere. This is borrowing
from the present and there is a price to pay in the future. Ms. Adams told Council the
historic task force is looking at all development bonuses.
Mayor Ireland closed the public hearing.
Roll call vote; Councilmembers Johnson, yes; Kasabach, yes; Romero, yes; Skadron,
yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #13, SERIES OF 2009 - 219 South Third Ordinance #48 Negotiation
Amy Guthrie, community development department, showed the 1965 house and where it
is located on South Third street. This property is listed on Ordinance #48, which was
adopted in an attempt to resolve dealing with post WWII properties. Ms. Guthrie told
Council there are about 280 historic landmazks in town, which is about 12% of all pazcels
in Aspen and 92% of the landmarks are Victorians which is only 13 years of Aspen's
history. Ms. Guthrie noted there is little representation of the rest of Aspen's history on
the landmazk list. Ordinance #48 is a list of properties considered as potential historic
resources and creates a cooling off period during which the city and the property owner
can talk about what might be done with the potential historic resource. Ms. Guthrie said
the choices are to look at possible incentives and go through a 90 day negotiating period
which may result in preservation. The owner of 219 South Third is the first property
owner to propose a negotiation; a concept for redevelopment and an idea of the resources
and benefit needed.
Ms. Guthrie noted HPC has discussed this proposal 3 times and there have been
adjustments to the proposal in response to public comment, lowering the density, the
floor area, the variances requested. Ms. Guthrie showed the surrounding neighborhood,
which includes varying architecture and different phases of Aspen's history. Ms. Guthrie
Regular Meeting Aspen City Council MaV 26, 2009
told Council the applicant is proposing to voluntarily designate the chalet-style building
of about 1500 square feet of FAR and keep it intact and to add about 1100 square feet on
the reaz of the property. HPC is reviewing these changes and is being asked to grant a
setback variance and a 500 square foot bonus. The proposal is to approve a lot split of
the western portion of the site where 2400 square feet, the rest of the allowable FAR, will
be built. Council is being asked to grant a front yazd setback variance of 16' to align the
two buildings. The design guidelines request buildings next to each other to have the
same alignment. Ms. Guthrie noted HPC cannot give variances on the vacant pazcel.
This is part of Council's negotiation, as is a request for a variance from the design review
guidelines for primary and secondary mass. This property does not have a relationship to
the alley. The applicant is requesting a 493 square foot FAR bonus. The applicants
stated if this site were demolished and replaced with new construction and a carriage
hours and FAR bonuses, new construction could have greater square footage than with
this proposal and the bonus squaze feet is justified.
Ms. Guthrie reminded Council there has been a historic preservation program for 37
years; many of the properties designated in the 1980's did not require owner consent. In
the late 1980, the city determined it was important to offer incentives for historic
preservation. Ms. Guthrie said properties of a certain size can have two detached
dwellings. In 1995, there was a code amendment to allow a lot split between two
buildings on a property to allow condominiumization. Ms. Guthrie said staff supported
this because the mass would be allowed and it takes some development pressure off the
historic building.
Ms. Guthrie said on this property, the alternative to a lot split would be to allow a
stmcture that is twice the size of the original building. Ms. Guthrie told Council the lot
split and the designation standards have been met for this application. Ms. Guthrie said
other benefits requested were affordable housing mitigation waiver and extension of
vested rights. Ms. Guthrie noted if the lot split were not requested, the owner could do
two detached houses, which could be condominiumized and if this were done, there
would be no requirement for affordable housing. The applicant is requesting the
affordable housing mitigation fee be locked in at today's amount, $71.62/square foot.
Ms. Guthrie said the applicants requested 10 years of vested rights rather than 3 years;
however, they have withdrawn the request for 10 years of vesting.
Ms. Guthrie reminded Council there are task forces working on various aspect of historic
preservation. The criteria committee voted 8 for and 2 against the modern chalet style
which they feel has worth and there are some of these buildings worth preserving.
Councilwoman Kasabach asked what could be reconstructed if this structure was tom
down. Ms. Guthrie said this building has a permit issued for a duplex and according to
the code if it is demolished, the owner could build back a single family or a duplex but
would be restricted to the single family FAR. Ms. Guthrie noted historic landmazks use a
different FAR schedule and this property would be allowed a duplex if they designate the
property.
Regular Meeting Aspen City Council May 26, 2009
Suzanne Foster, applicant, told Council the Ordinance #48 lot split negotiation would
allow them the opportunity to get a single family dwelling. Ms. Foster said this is a
voluntary designation of the modern chalet and the creation of a single family lot. Ms.
Foster said there have been complaints that the plans keep changing. The plans have
changed based on public comments and input from HPC and city staff. Ms. Foster said
she believes in historic preservation and in architectural diversity. Ms. Foster said once a
historic resource is destroyed, there is no going back. Ms. Foster said there have been
complaints about pazking in the alley and about snow removal. City staff has indicated
there is no problem with snow removal.
Ms. Foster said the preservation of the existing house and a 2400 square foot new house
is a better alternative than a newly constructed building at full height with a carriage
house. Ms. Foster told Council this proposal is for 6900 square feet of heated living
space on the two lots. There are other lots in the azea that have more heated living space
than the lot size. Ms. Foster said new construction where there was a single story
building will interrupt someone's views. Ms. Foster said there are ADUs built all azound
the community that do not require occupancy. Ms. Foster said she would rather see a
cash payment so some affordable housing will be built.
Ms. Foster presented a model of possible new construction - a duplex and a 1200 square
foot carriage house, which enables one to have a 600 square foot bonus. The carriage
house would be sold as affordable housing; there is no garage requirement for affordable
housing. Ms. Foster said they would prefer to preserve the historic resource and build a
small new house. Ms. Foster pointed out the 37' between the carport and the two-story
single family house and 19' between the carport and garage, which leaves a wide open
space. Ms. Foster said whatever is built, there will be impact to the neighbors' views.
Ms. Foster said their plans are sensitive to the surrounding neighbors and the plans have
been reduced in scale and height to accommodate input.
Ms. Foster said they are requesting historic designation and lot split approval at this
meeting with the condition, if the HPC bonus is not granted, the applicant shall have the
right to void the agreement. Ms. Foster noted Council can awazd 600 square foot for a
carnage house; the applicants aze asking for 493 square feet and will pay the affordable
housing payment at $71.62. Ms. Foster said the city will retain a historic resource and
will have money to put into the affordable housing fund. Ms. Foster said they could
condominiumize the land and be exempt from the cash-in-lieu payment. The applicants
could receive a front yard variance from HPC. Ms. Foster noted the results would be the
same without any payment into the affordable housing cash-in-lieu.
Ms. Foster said if they tear down the existing structure, they would get a single family
FAR of 3652 square feet and a carriage house bonus of 600 squaze feet. Because this is
new construction, subterranean space could be added of up to 3,000 squaze feet for a total
of 7100 square feet of heated living space. The duplex FAR is 2654 square feet; the
heated area is 3175 (existing 2000 square feet plus a 725 lower level addition and 450
above). There would be 1904 square feet left over for the single family structure, total
6182, the difference is 970 squaze feet.
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Regular Meeting Aspen City Council Mav 26, 2009
Ms. Foster said there is a cachet in living in a restored Victorian and the economic
incentives for preserving Victorians are clear. Ms. Foster said it is not clear who
appreciates the transitional structures being protected by Ordinance #48 and the value of
restoring a modern chalet is not known. Ms. Foster said additional economic incentives
are vital to insure that more property owners come forward to go through the negotiation
process. Ms. Foster said receiving the bonus helps to preserve historic resource. Ms.
Foster said there have been criticisms ofover-burdening the historic resource by the FAR
bonus. Ms. Foster said the mass and scale of the model show this not to be so. The one
story garage separating the two structures cannot be seen from Third street. Ms. Foster
told Council she would agree to a 25' flat roof for the single family building. Ms. Foster
said the applicants need the 493 square foot bonus.
Ms. Foster said the other requests area 16'6" side yard and 5' east yard setback. Ms.
Foster said they need this variance; the new single family house is pushed back 25' and
the fagade will run about 35'. The space for the new lot is 72' which means 42% of the
building is closer to the setback than is allowed. In the new construction, 52' of the 72'
will be within 10' of the alley. With a setback variance, the alley and the visual will be
eased - it will be 35' instead of 52' within 10' of the lot line. Ms. Foster said the
applicants cannot move forward with preservation unless they receive this setback
variance. Ms. Foster told Council the residential design guidelines do not fit this
particular parcel.
Mayor Ireland opened the public hearing.
Anne Mullins agreed the Victorian era is well represented in Aspen; this was a small part
of Aspen's history. Ms. Mullins noted Aspen has another significant era afer the mining,
which was ski area development. The initial ski azea development was patterned after
European development. Ms. Mullins said the significance of this structure is that Aspen
was gaining its own identity as a ski area, which translated into the azchitecture. Ms.
Mullins said this is one of a quickly decreasing inventory of this type of structure and it is
virtually unaltered. Ms. Mullins said there is a variety of architectural styles in this
neighborhood and it represents a cross section of Aspen history. The scale of this
neighborhood is becoming unique with the scale of the houses all about the same size.
Ms. Mullins told Council she supports the designation of the house as well as approval of
the lot split. Ms. Mullins said she does not support the additiona1493 square feet of FAR
which would create an overbuilt structure on the next lot. The front yazd variance is good
urban design.
Mike Maple told Council he had trouble getting information on this application, either
online or at this meeting. Maple commended the applicant for paring down the proposal.
Maple said his concern with this historic preservation and the granting of incentives is
that 4,000 squaze feet would be permitted on site and the applicant is asking for about
25% larger or 1,000 more square feet. Maple said Council needs to consider the costs
and benefits of preservation. Maple said the architecture of this building is not
interesting and he would not consider a 25% bonus.
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Regular Meeting Aspen City Council Mav 26, 2009
Junee Kirk, historic preservation task force member, told Council not all the task force
members deem this modern chalet style, especially in this location, worthy of
preservation. Ms. Kirk said this is a modern chalet style, not a ski chalet, and she does
not see this as a historic resource and it should not be awarded any variances.
Jody Edwards, representing Paul and Andrea Young, handed out sections from the land
use code, one of which is the description of Council's power to negotiate. Edwards noted
there are no limiting or supporting requirements. Edwards said this does not create the
authority to ignore or to modify other provisions of the code and establishes a process
that allows Council to negotiate. Edwazds said the power to modify other provisions of
the code would need to be expressly stated and cannot be implied. Edwazds said it is
only within the negotiations that staff feels the floor area bonus can be granted as a
significant community benefit.
Edwazds pointed to the R-15 zone district and the dimensional requirements and that the
code authority to vary dimensional requirements is granted to the Board of Adjustment,
P&Z, or HPC, not City Council. Edwazds stated there are standards, like compliance
with the Aspen Area Community Plan, that have not been discussed. Edwazds said the
other way to grant a dimensional variance is to grant a rezoning and none of the standards
for rezoning have been discussed. Edwards said setback aze a dimensional variance also
and have to be reviewed by Board of Adjustment, HPC or P&Z.
Edwards said there is no authority granted under Ordinance #48 for the Council to ignore,
waive or modify existing code provisions. This ordinance does not create a super priority
over other code sections. Edwards stated the city code exists to provide for the orderly
development and use of property and to provide reasonable protection for the community.
Edwards said code requirements cannot be ignored under the guise of negotiation.
Edwards said there is no record to allow for granting extra square feet or for granting a
setback variance. Mayor Ireland said under Edwards' argument, Council would be
limited to granting a lot split and a 500 squaze foot bonus reviewed by HPC.
Jake Vickery presented a hand out and told Council he has done a lot of background work
on this property to understand what is allowed; what is historical about it. Vickery said
his hand out V.1 is a historical significance rating sheet based on the city's format used to
inventory integrity check list. Vickery told Council he scored this property 48; a score of
75 is needed to be a historic landmark. Vickery showed V.2 is a comparison with two
other properties and pictures of 219 S. Third; 626 West Francis, and 621 West Francis.
Vickery told Council he took the applicant's site plan and showed the existing building,
the proposed building envelope. Vickery said V.7 is a graphic showing the 25' front yazd
setback is essential to the open space on the lot. Vickery said giving a front and side yazd
setback variance as requested, the building envelop is increased by 77%. Vickery
presented a sheet of economic value of the requested incentives showing it would be at
least $2 million. V.11 shows the building site; V.13 showing the parking problem and
V.14 showing the snow plow problem. Vickery said his client does not support any
variances unless they are demonstrated and acceptable to the neighbors. Vickery pointed
11
Regular Meetine Aspen Citv Council Mav 26, 2009
out one of the provisions of the historic lot split is that it not have a negative impact on
the neighbors. Vickery said the neighbors want a maximum roof height of 18'.
Paul Young, 413 West Hopkins, told Council they are most impacted by this application.
The negative impacts include illegal parking, which encroaches into the alley right-of-
way. The snow removal is a problem and cannot be accomplished because of illegal
parking. The trash pick up is not accomplished because the snow is not plowed. The
safety issues are snow storage and pazking cazs in the right-of--way; these create a blind
spot to the north. Young said 3 families with 7 children share this alley. Young told
Council his house is 3606 square feet of FAR. Young said the applicants aze requesting
40% lazger in FAR on a smaller lot than his house. Young said the front yard variance
should not be approved because HPC did not approve that request; the city code does not
authorize that variance and it should be the responsibility of the developer to make their
project work without a major vaziance. Young said the 16.5' variance is the single most
important request the neighbors are asking Council not to grant. Young requested
Council keep the height, mass and scale of the new structure consistent with the 1533
squaze foot duplex if a lot split is granted.
Les Holst, historic task force, said he would like to see this building saved. Holst said,
however, giving lot splits and variances does not work; anything that violates the land use
code does not work. Holst said each neighborhood should be looked at for scale and
mass and anything that violates that scale and mass should be done away with. Holst said
the scale and rhythm of the neighborhoods is being destroyed with lot splits.
Mayor Ireland closed the public hearing.
Bart Johnson, representing the applicant, said Edwards has argued that Ordinance #48
does not mean anything because it only gives Council authority to do things they already
have the authority to do. Johnson said negotiation to a mutually acceptable agreement
between an applicant and the city means the city can depart from the land use code to
give things in exchange for receiving historic designation. Chris Bendon, community
development department, said in addition to Ordinance #48 and Council's ability to
negotiate, there is a provision in the land use code that sets out Council's powers and
duties. Bendon said the FAR bonus is not a variance and 26.208.010 allows Council to
"take other such actions not delegated to the P&Z, the HPC or the Board of Adjustment
or the director of community development as the Council may deem desirable and
necessary to implement the provisions of this title". Bendon stated Ordinance #48 falls
underneath that code provision.
Mayor Ireland said he feels the neighborhood and the city would be better of if Council
grants this request than without it. Mayor Ireland said if Council denies this request, the
results could be worse than the request. Mayor Ireland said Council should not exercise
the power to grant additional square footage in undetermined amounts without standazds
and without reference to the neighborhood. Mayor Ireland said the code allows HPC to
grant up to 500 square foot bonus and Council has the power to grant a lot split, which
will add value to the property. Granting another 493 squaze feet and setback variances
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Regular Meetine Aspen City Council May 26, 2009
will add more value. Mayor Ireland said Ordinance #48 neither constrains nor defines
Council's powers. Mayor Ireland said if there were standards by which Council could
grant this request, he would approve it. Mayor Ireland said he is willing to approve the
lot split and to approve the affordable housing mitigation at $71.62. Mayor Ireland said
he does not feel the Council should approve setback variances or square footage beyond
the 500 squaze feet until Council agrees under what circumstances this can be done.
Mayor Ireland said he would like the mass and scale of this project to be comparable with
what is in the neighborhood and he does not have a way to judge that at this meeting.
Councilman Johnson said he felt Ordinance #48 was a bad outcome. Councilman
Johnson said he is concerned the city is offering too much development in this instance in
order to preserve something that has sufficient incentives for preservation as is.
Councilman Johnson said Ordinance #48 does provide for negotiations. Councilman
Johnson said his issues with historic preservation are what can be done that is consistent
with historic preservation versus demolition; what is fair to the homeowner and what is
fair to the community. Councilman Johnson said this negotiation does not address his
issues but it is encouraging the applicant is working towards preserving these structures.
Councilman Johnson agreed the applicant's proposal is superior to what could be built if
this negotiation is denied.
Councilman Romero concurred the alternative by right and by code what can be built on
this property would be worse that the proposal and it would be counter to the values in
the Aspen Area Community Plan and the underlying intent of Ordinance #48.
Councilman Romero commended the applicant by being the first to go into negotiations.
Councilman Romero said he is willing go continue this negotiation. Councilman Romero
said he reviewed this application in context with the city's guiding principles and the city
needs to have some level of discretion at the table in order to affect a meaningful
compromise. Councilman Romero noted that a resolution of this application will not
resolve the pazking issues in the neighborhood. Councilman Romero said this is the
essence of the dilemma between preservation and growth. Councilman Romero
appreciated the applicant agreeing to pay housing-in-lieu of $172,000 as well as agreeing
to reduce the length of vesting to 3 years. Councilman Romero requested the applicant
reconsider their request for the 493 square feet and for the additional setbacks.
Councilman Skadron said these aze valuable development rights and absent specific
criteria, there is an arbitrary quality. Councilman Skadron said he is an advocate of
historic preservation but not at any cost. Councilman Skadron stated he is not
comfortable with the package of incentives as proposed. Councilman Skadron said
Council should be pazsimonious in granting benefits. Councilman Skadron said he is
open to further negotiations.
Councilwoman Kasabach agreed with Council's comments. Councilwoman Kasabach
said a lot split makes sense but she is not prepared to approve all of the benefits and
would like the second house set further back and the 493 square foot bonus reduced. Ms.
Foster said she has compromised on this project; it has been scaled down and reduced.
Ms. Foster said she feels transitional buildings need extra benefit.
13
Reeular Meeting Asuen City Council Mav 26, 2009
Mayor Ireland moved to continue Ordinance #13, Series of 2009, to June 8`s; seconded
by Councilman Johnson. All in favor, motion carved.
Councilman Johnson moved to go into executive session at 8:30 p.m. pursuant to C.R.S.
24-6-402(4)(b) Conferences with an attorney for the local public body for the purposes of
receiving legal advice on specific legal questions and (e) Determining positions relative
to matters that maybe subject to negotiations; developing strategy for negotiations; and
instructing negotiators; seconded by Mayor Ireland. All in favor, motion carried.
Mayor Ireland moved to come out of executive session at 8:40 p.m.; seconded by
Councilman Skadron. All in favor, motion carried.
Mayor Ireland moved to adjourn at 8:40 p.m.; seconded by Councilman Romero. All in
favor, motion carried. ~~
Kathryn S.~C¢ch, City Clerk
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