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HomeMy WebLinkAboutminutes.boa.20090806CITY OF ASPEN BOARD OF ADNSTMENT -REGULAR MEETING MINUTES AuQUSt 06, 2009 Comments ......................................................................................2 Declarations of Conflicts of Interest ........................................................2 Case #001-09 2 Ajax, Guthrie, Setback and Residential Design Variances ............ 2 Minutes ...................................................................................................................... 7 1 CITY OF ASPEN BOARD OF ADJUSTMENT -REGULAR MEETING MINUTES Aueust 06.2009 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 Mark Hesselschwerdt, Peter McClain, Jag Pagnucco, Charles Paterson and Rick Head. Staff in attendance were Jim True, Special Counsel; Denis Murray, Drew Alexander and Jennifer Phelan, Community Development; Jackie Lothian, Deputy City Clerk. Comments Rick Head asked Jim True because Mark was within that 300 foot radius was he mandated to recuse himself or was it up to the applicant. Jim True replied that the code specifies that as such it is a determination by code that he has an interest by definition; if you own property within 300 feet you have by definition a substantial interest in the project. True said that you have to recuse yourself and leave the hearing according to the ordinance Declarations of Conflicts of Interest Mark Hesselschwerdt was in the 300 foot radius. Case #001-09 2 Aiax. Amy Guthrie. 2 Setback and Residential Design Variances Rick Head opened the public hearing on Case #001-09 fora 2 setback variances to build a residential dwelling and residential design variances. Drew Alexander said that on page 2 of the staff memo there was a table that provided the history of the Smuggler Mobile Home Park annexed into the city in 1979; in 1982 there was a precise plan (SPA) for the Mobile Home Park and subdivided the area into 4 separate parcels A through D. Alexander said parcel C was Smuggler Run with 17 lots and includes that applicant's property. Alexander said in 2001 the dimensional standards remained the same for the MHP and renamed to high density residential R-3. Alexander said that Parcel A contains over 801ots compared to the 17 lots in Parcel C. Parcel A was amended to include a zero foot front yard setback, a zero foot side yard setback on one side, a 10 foot side yard setback on the other side and 5 foot setback on the rear yard. These new standards were intended to match the existing character of the neighborhood at the time of annexation however the dimensional requirements for Smuggler Run Parcel C were never changed. Smuggler Run had 5 foot setbacks all around. Alexander said the applicant's 4 variance requests were 2 dimensional variances and 2 residential design standard variances; one being the building orientation and the other being entry porch. The requests for the dimensional variances were 2 CITY OF ASPEN BOARD OF ADJUSTMENT -REGULAR MEETING MINUTES Aueust 06, 2009 associated with front yard and the side yard setbacks; the applicant is proposing nothing less than one foot in the front yard and a side yard reduction of 4 feet 3 inches. These variance would allow the applicant to place the new manufactured home in approximately the same location as the existing as the existing home and would also work to match the character in Smuggler Run. Alexander said on page 3 of the staff memo the standards were l .The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and Title 26. Staff feels that this criterion has been met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. Staff feels that current zoning and dimensional requirements provide for reasonable use of the parcel; the proposed manufactured home can be placed on the lot under the R-3 and meet the existing building code requirements. Staff understands that the HOA of Smuggler Run would like future development to match the existing character but cannot recommend approval based on this preference alone. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district. Staff recognizes that request for variance is an attempt to match the existing character of Smuggler Run however the fact that MHP in later R-3 zoning was given to the park acts as an inconvenience to the applicant. Staff finds that the literal interpretation and enforcement of the zone district regulations will not deprive the applicant rights commonly enjoyed by others. Alexander said the Residential Design Standard Variances said that lots on CUrVlhriear Streets 1. Building orientation. The front facades of all principal structures shall be parallel to the street. On corner lots, both street-facing facades must be pazallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Subsection 26.410.O10.B.4 shall be exempt from this requirement. So the residence would have to be canted on the lot and staff feels this would be an unreasonable requirement based on the character and size of the lot and for the ability to match the character layout that exists in Smuggler Run. Alexander said the final request was for an entry porch requirement which requires 50 square feet and the applicant proposed a 32 square foot front porch. Staff recommends approval for this variance. 3 CITY OF ASPEN BOARD OF ADJUSTMENT -REGULAR MEETING MINUTES August 06, 2009 Alexander said there were 2 resolutions in the packet; the first resolution (lA) recommends approval of only the residential design variances and the second (1B) recommends approval of all variances. Amy Guthrie used drawings to show Ajax Avenue with the 17 Category 4 homes deed restricted. The planning Department has taken the R-3 Zoning which requires 5 foot setbacks on all sides. Guthrie said the existing house was being expanded by 104 square feet and there will be a basement proposed under the house but the overall size of the building and site coverage is not being increased by more than 104 square feet. The house is 1350 above grade and said that there were other houses in the neighborhood that were 2150 and 1500 above grade so she felt that she was consistent with the size of other neighboring buildings. Guthrie said that she was trying to salvage this existing building and move it to another location. Guthrie said that at the widest there was a total width of 25 feet; the height conforms to the city code. Guthrie removed a garage that was proposed originally and went through the HOA process and the major concerns were the separation between adjacent houses; she used a study to look at the typical distances from GIS from the edge of roof so the actual walls were pulled back slightly and the typical separation was 10 feet or 11 feet; the HOA wanted 10 feet between buildings. Rick Head asked what the separation was with the next door neighbor. Guthrie replied that the lot tapers a bit so it was 10 foot 7 inches in the front and just about 10 feet in the back. Guthrie said that she said that the views from the back were the living room area. Rick Head asked if there was a tree involved. Amy Guthrie replied there are 2 trees at the front of the site and one of the trees is diseased and has to be removed and the other obstructs the current house from being removed so she will probably be paying mitigation for that one. Jag Pagnucco said that there was a hardship based on the curve of the street to make this work. Public Comments: 1. Bob Nevins, public, said that he lived at 13 Ajax Avenue in the Smuggler Run Subdivision. Nevins said that this application has created a lot of stress and anxiety for the neighborhood. Nevins said that this was approved as a precise plan with SPA overlay; this subdivision was approved in 1981. Nevins spoke about Title 16, Mobile Home Parks; he also spoke about HUD units and fire ratings. Rick Head asked what was the objection exactly. Bob Nevins replied it was too close to the neighbor and that all the other homes were 14 feet wide. Nevins said that this was a Category 4 neighborhood and 4 CITY OF ASPEN BOARD OF ADJUSTMENT -REGULAR MEETING MINUTES Aueust 06, 2009 when the units get too close there was a snow storage problem in winter; it minimizes light into the adjoining unit; noise becomes a factor; no ability to landscape between the units and changes the whole character of the neighborhood and places a hardship on people that have lived there for years. Nevins said that your neighbor creates your privacy wall. 2. Karen Lebby, public, said that she lived at 7 Ajax and there were additions to the back of some of the units. Denis Murray, building department, said a I-ND home or stick built home would have the same fire resistive with no overhang greater than a foot; greater than 3 feet from the property line there would be no fire resistive requirements per the code. Murray said that they would treat a HUD home or a stick built the same. Murray said he was not sure where the 15 feet came from. 3. Karen Bromka, public, said that she lived at 11 Ajax for 15 years. Bromka said that originally each of the houses were 14 feet by 60 feet; most of the bump-outs were a storage shed which was an option when the homes were built but not livable heated space. Bromka said there were 2 homes that were added onto but most of the homes were cookie cutter homes. Bromka said that most of the homes were 700 to 800 square feet and Amy's was 1350; this was a change to the neighborhood. Bromka said that part of the specially planned area was not looking into your neighbor's home, the snow load and open space between the units. Rick Head noted it doesn't appear that she is any closer to the next door neighbor than what is allowed. Jennifer Phelan said that in 1982 a precise plan was approved for this subdivision and from reviewing the subdivision map there were the 17 lots with no building envelopes, no setback requirements and no footprint of a building on the map. Staff followed the rules of the Ordinance adopted in 1982 and that was for the larger parcel and that parcel C, Smuggler Run, needs to meet the underlying zoning of the mobile home park. Phelan said that the precise plan talked about the fee structure; the zoning of parcel C said the properties need to meet the Aspen Zone District Map that hasn't changed over time and any non-conformities can stay but when it gets changed then it must meet the underlying zoning. Phelan said that when this changed from a mobile home park to fee simple ownership it was no longer considered a mobile home park so all of these setbacks that Mr. Nevins alludes to are not applicable to this subdivision. Phelan said there are no life safety issues with the setbacks and there was no percent of open space required for a building site and no floor area requirement; there were 5 foot setbacks and 15 foot height limitation. Phelan noted there was a letter from the HOA that supports this 5 CITY OF ASPEN BOARD OF ADJUSTMENT -REGULAR MEETING MINUTES August 06, 2009 application as proposed. Phelan stated that this property however it is redeveloped cannot be sold for anything other than a Category 4 unit. Jim True said that Bob talks about Chapter 16 with the definition of mobile home parks and the setback described do not apply where Chapter 26 definition of mobile home parks does not allow Chapter 16 so there were somewhat conflicting issues where Amy Guthrie is boxed into a corner. True said the precise plan sets forth what regulates this is the R-3 Zone District and that are 5 foot setbacks. Amy Guthrie said that most of what was being discussed relates to the interior, which is not the thing that you are being asked to address; you are being asked to address more of the perimeter. Guthrie stated that this was Category 4 and will benefit from what she is putting into it and it was only 100 feet above grade more and felt the visual impact was minimal. Bob Nevins, public, spoke again and stated that he respects the staff decision on what the setbacks are and he does not see a hardship in the case of the applicant and would like to see this developed with 5 foot setbacks all the around. Denis Murray said that this building will take the snow load better than a HUD house; there won't be the need to shovel the roof; it will comply with a 75 pound load. Rick Head closed the public portion of the meeting. Board Comments: Pete McClain said that Amy was moving the footprint of her home 5 feet further away from the house next door and you are asking her to put it 5 feet closer; what does the street side impact. Rick Head said that it was a corner lot and there were different setbacks. Head stated that he did not see how this impacts any neighbors on the street or across the street; he said he can't imagine why anyone would want to keep the same cookie cutter looking houses all the way down the block. Charlie Paterson said if this house was located in the middle of the block that would be different but the fact that it is on the corner does not affect the neighborhood. McClain said that she has gone out of her way. Paterson said it was a hardship to have a bedroom to be that narrow and it makes a great difference to the living conditions of the person who lives in this house. Jag Pagnucco had no problem with these variance requests and neither did Pete McClain. Rick Head reminded the board with only 4 members seated that they would need 100% approval. 6 CITY OF ASPEN BOARD OF ADJUSTMENT -REGULAR MEETING MINUTES AuEUSt 06, 2009 Karen Bromka, public, spoke again about the character of the neighborhood. Bob Nevins, public, spoke again about the zoning and did not see a hardship. MOTION: Jag Pagnucco moved to approve Resolution 1 B series of 2009 approving the Dimensional and Residential Design Standards variances with the hardships described in the resolution; seconded by Charles Paterson. Roll call vote: Peter McClain, yes; Charles Paterson, yes; Jag Pagnucco, yes; Rick Head, yes; APPROVED 4-0. Minutes MOTION: Charles Paterson moved to approve the minutes from May 08, 2008; seconded by Pete McClain; all in favor, APPROVED. Adjourned at 5:20 pm a,~,~ ~~ Jackie Lothian, Deputy City Clerk 7