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HomeMy WebLinkAboutminutes.boa.20110707 CITY OF ASPEN BOARD OF ADJUSTMENT - REGULAR MEETING MINUTES July 07, 2011 Minutes 2 Case #002 -11 Alan Englander — 805 Cemetery Lane — access 2 Case #003 -11 Alan Englander — 805 Cemetery Lane — design 5 1 CITY OF ASPEN BOARD OF ADJUSTMENT - REGULAR MEETING MINUTES July 07, 2011 Rick Head opened the regular meeting of the City of Aspen Board of Adjustment in Sister Cities Meeting Room at 4:00 pm. Board members present were Charles Paterson, Mark Hesselschwerdt, Peter McClain, Jag Pagnucco and Rick Head. Staff in attendance were Jim True, Special Counsel; Tricia Aragon, City Engineer; Jennifer Phelan, Community Development Deputy Director; Jackie Lothian, Deputy City Clerk. Minutes MOTION: Charles Paterson moved to approve the minutes of June 16` with corrections to page 3, seconded by Mark Hesselschwerdt. All in favor, APPROVED5 -0. Declarations of Conflicts of Interest None stated. PUBLIC HEARING: Case #002-11 — 805 Cemetery Lane — curb cut variance Rick Head opened the public hearing on Case #002 -11 for a curb cut variance for 805 Cemetery Lane. Keith Howie was the applicant, Alan Englander's, representative. Tricia Aragon, City Engineer, stated that unfortunately the code does not allow for 2 access points for those properties located in R -15 Zone District. When the applicant applied for a building permit on the civil drawings it didn't show 2 driveway cuts; if it had the Engineering Department would not have approved that building permit; they would have said only one is permitted. Tricia Aragon said the Engineering Department went out and inspected the site and noticed that there were 2 driveway cuts for this property so at that time they informed the applicant's that they would only be allowed one. The Municipal Code does allow a variance to the single access requirement however unusual conditions must exist; at that time City staff determined that there wasn't any unusual condition that would require a variance. Tricia Aragon said that the applicant was appealing this decision by City staff to the Board of Adjustment to allow for 2 driveway access points. Staff found that the variance was not consistent with the AACP and this title. Tricia Aragon said that access points were a source of accidents; too many closely spaced driveways increase the accident potential for Cemetery Lane but also for the multiuse path along Cemetery Lane. In the last 18 months Cemetery Lane has experienced 8 accidents. Tricia Aragon utilized power point and also page 5 of 7 of the memo to show a graph of access per mile and accidents per mile from US 101, Oregon. Jag Pagnucco asked if this was a national study or is there a 2 CITY OF ASPEN BOARD OF ADJUSTMENT - REGULAR MEETING MINUTES July 07, 2011 study done in Pitkin County, City of Aspen, what is it. Tricia Aragon replied that there were multiple cities throughout the county and this one was done in Oregon between Lincoln City and Depot Bay, both small cities at 8,000 and 1200; this was similar to what we see on Cemetery Lane with a high number of access points. Charles Paterson asked if the accidents were caused by people backing out of driveways or what does accident mean. Tricia Aragon responded that the study for those accidents on Cemetery Lane was not that specific it just told if it was a rear end but not driveway related. Tricia Aragon said the grant of a variance is the minimum variance that would make possible the reasonable use of the parcel, building, and structure. The driveway was located right on that horizontal curve and that limits sight distance so that could pose a safety issue with the proximity of this point. Rick Head stated that this was a duplex at one time; would they have been permitted 2 access points then. Tricia Aragon replied no, even duplexes aren't allowed 2; the code says per lot and a duplex is still considered one lot. Keith Howie said they submitted this as a duplex and this is the original survey that we submitted with the duplex; this survey shows a parking area that extends over so the survey showed one long continuous curve. Keith Howie said there were 2 small retaining walls that there was a tree in the middle and they changed it from a duplex to a single family house and the application was approved. Keith Howie said there were 2 existing curb cuts, they are not altering the curb cuts they have been there for 30 years and there has never been an accident on this site with 2 access points. He said that only after they poured the driveway did they hear from the Engineering Department that we were only allowed 1 curb cut; if they get denied for this he will have to go back and burden the applicant financially about existing curb cuts that have never been a problem. Keith Howie said he was sitting here now trying to explain why we have to change it and his client is going to have to pay additional money in order to fix something that we feel we don't have to fix. Keith Howie said the house is used from June through September and the use of this property isn't an everyday use with the guest parking being used on an infrequent basis. Keith Howie asked what was the note that staff has prepared a resolution that overturns the administrative decision if that is the direction of the board of adjustment. Mark Hesselschwerdt asked if he had to go through Design Review on this remodel. Keith Howie replied no. Mark Hesselschwerdt stated so everything you 3 CITY OF ASPEN BOARD OF ADJUSTMENT - REGULAR MEETING MINUTES July 07, 2011 did was good with the new design criteria that has been in place since this subdivision. Rick Head asked how 2 curb cuts got on that property to begin with. Tricia Aragon replied they were existing. Jennifer Phelan said that codes change over time. Rick Head stated that if he had done nothing he could still be enjoying those 2 curb cuts. Mark Hesselschwerdt said but on the other hand anybody that re -does something now has to abide by the code criteria. Rick Head asked if there were any letters in support. Jennifer Phelan said there were 3 letters to the garage door variance that came after packet went out; one mentioned the curb cut. Mark Hesselschwerdt said it is not actually curb and gutter there but whether you can get to your property or not. Tricia Aragon stated his plans (that she has) show existing gravel parking area and he said we should have interrupted that concrete parking area; there wasn't a landscape set in the approved building set just the civil sets. Charles Paterson said the building department doesn't look at that it is the engineering department. Mark Hesselschwerdt said submitting now you submit into a set of design criteria and the design criteria talks of one curb cut or access amongst other stuff that relates to the street so it seems that you are fortunate that you didn't have to go through design review but one street cut is part of the new criteria. Rick Head asked if they could utilize that area because of that big tree is in the area. Keith Howie said some of the allure of the Cemetery Lane neighborhood is that you are allowed landscaping. No public comments. Keith Howie said that the neighbors like the improvements that are there and there hasn't been a negative comment. Jag Pagnucco said there was no where to park on Cemetery Lane and you could park at the Cemetery but he looks at the parking as safety not a hindrance to accidents, that is the way he looks at it. Mark Hesselschwerdt said it was amazing that this didn't get addressed earlier other than they knew they were going to lose a curb cut if they brought it up so now we are having to deal with it; there is set of criteria on designing a house, submitting for a building permit and that is 1 curb cut. Mark Hesselschwerdt stated that grandfathered stuff gets lost all the time when you go in and remodel the FARs have changed, design criteria has changed over the years and 2 curb cuts on Cemetery Lane have changed over the years. Mark Hesselschwerdt said that he liked everything about the place but it was against the rules. 4 CITY OF ASPEN BOARD OF ADJUSTMENT - REGULAR MEETING MINUTES July 07, 2011 Charles Paterson said there were issues with fairness and the Engineering Department should have caught that and marked it in red. Charles Paterson said it was not a curb cut it was a straight line and everybody's got 2 all the way down the line; he thought it was a little unfair and he didn't think that they have ulterior motives. The board discussed the big fir tree in the middle of the 2 driveways. Rick Head said that he was leaning towards upholding the Engineering Department ruling to keep 1 curb cut; if they don't improve their property they can continue the 2 curb cuts. Jim True said to grant a variance you have to have 4 votes in favor and to deny it you only need 3 votes. MOTION: Mark Hesselschwerdt moved to grant Resolution #002 -11, Case #002- 11 to approve the variance granting 2 driveway access points for 805 Cemetery Lane; seconded by Jag Pagnucco. Charles Paterson yes and Jag Pagnucco yes. Mark Hesselschwerdt, no; Peter McClain, no; Rick Head, no. 3 Opposed and 2 granting, motion dies for lack of action. MOTION: Mark Hesselschwerdt moved to deny Resolution #002 -11 approving 2 driveway access point variances for the property 805 Cemetery Lane; seconded by Peter McClain. Charles Paterson, no and Jag Pagnucco, no. Mark Hesselschwerdt, yes; Peter McClain, yes; Rick Head, yes. APPROVED 3 -2 to deny. PUBLIC HEARING: 805 Cemetery Lane — residential design variances — Case #003 -11 Rick Head opened the public hearing for the residential design variances. Jennifer Phelan said it was a combined posting for both variances. Rick Head asked if there were letters in opposition or support. Jennifer Phelan replied there were 3 letters in support, Exhibit B a letter of support and Exhibit D which are 2 more letters of support. Jennifer Phelan noted the request was to permit a double stall garage door rather than what the code required single stall garage doors on street facing garages. Jennifer Phelan said the property was located at 805 Cemetery Lane and you have been introduced to Keith Howie as the representative. Jennifer Phelan said the building permit application asked to convert an existing den into a double stall garage; the permit was issued requiring the garage meet the design standards and was red lined; the permit was issued stating the garage door either be 2 single garage doors or one double door that looked like 2 single stall doors. The 5 CITY OF ASPEN BOARD OF ADJUSTMENT - REGULAR MEETING MINUTES July 07, 2011 applicant did not build to the permit requirements so we are here before you. Jennifer Phelan said the intent of the design standard is to minimize the presence of garages and carports when they are on the street side. Staff recommends that the variance be denied; the resolution is written denying the variance and in the staff memo there are some examples in the neighborhood; there are examples in the packet of older houses that have 2 individual garage doors, there are examples of new development that meet these design standards and there is a mix in the neighborhood. Jennifer Phelan said there were no site constraints and the issue here is that the applicant did not build to the approved plans set. Peter McClain asked if the building department issued a certificate of occupancy. Jennifer Phelan responded that they have not because of this issue. Keith Howie stated they submitted the change order as occurred before and designed the garage door and are aware of the residential design standards and there are certain design issues that the residential design standards are not compatible with. Keith Howie said he did not think that the residential design standards are compatible with all the design styles in Aspen. He submitted with his application about 12 different photos of double stall door designs; how do you qualify design, it is an opinion. Keith Howie said it was their feeling that these single cell doors look more appropriate in traditional type of architecture; this is a more modern style house and the garage door technology has evolved and even with a double stall door can be made to look attractive. The garage door also has translucent glass so during the day you don't need to put your garage light on so there is a little bit of an eco thing with that also. Keith Howie showed photos of other garage door that were similar in the subdivision and if their clients were denied what other people in the subdivision already have and they don't think that is fair. Jennifer Phelan said since the applicant was asking for multiple reviews, a curb cut variance and residential design standards variance, the residential design standards variance can go to either the Planning & Zoning Commission or the Board of Adjustment and the curb cut can only go to the Board of Adjustment. Jennifer Phelan said this did come up and staff redlined it and if the applicant wanted to meet the allowances of the permit they could have gotten their permit, changed the garage doors and apply for a residential design variance before P &Z and could have submitted a change order. Charles Paterson said he didn't understand how a double garage door could look like 2 single doors. Jennifer Phelan responded that the material in the middle could look like a post. Mark Hesselschwerdt said there were new design residential standards that the City adopted was what is supposed to fit in this town for good design and it is hugely arbitrary. 6 CITY OF ASPEN BOARD OF ADJUSTMENT - REGULAR MEETING MINUTES July 07, 2011 Rick Head stated that he was leaning on approving this one because of the garage doors right around this one have been built or approved. Peter McClain, Mark Hesselschwerdt, Charles Paterson and Jag Pagnucco agreed with Rick Head. Jennifer Phelan asked for some comment from the board so that we don't see these come up in the future. Peter McClain said the applicant should do their homework ahead of time. Jennifer Phelan said the applicants should be building to their plans set that are issued and if they don't want to build to that plan set they should follow the process that is there rather than doing what they want and asking for forgiveness later. The Board agreed with that. MOTION: Mark Hesselschwerdt moved to approve the resolution from the Board of Adjustment granting a residential design variance for the garage door at 805 Cemetery Lane, seconded by Peter McClain. All in favor, APPROVED 5 -0. Adjourned at 5:10pm. kie Lothian, Deputy City Clerk 7