HomeMy WebLinkAboutminutes.apz.20111004 City of Aspen Planning & Zoning Meeting — Minutes October 04, 2011
Comments 2
Minutes 2
Conflicts of Interest 2
1460 Sierra Vista Drive — Residential Design Standard 2
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City of Aspen Planning & Zoning Meeting — Minutes October 04, 2011
Stan Gibbs opened the regular meeting October 04, 2011 of the Planning & Zoning
Commission in Sister Cities at 4:30. Commissioners present were: Cliff Weiss,
Bert Myrin, Jim DeFrancia, LJ Erspamer and Stan Gibbs. Commissioners excused
were Michael Wampler and Jasmine Tygre. Staff in attendance: Jim True, Special
Counsel; Jennifer Phelan, Community Development Deputy Director; Jackie
Lothian, Deputy City Clerk.
Comments:
Cliff Weiss asked if Waste Management gets a permit through the city and from
which department. Jennifer Phelan asked to haul. Jennifer Phelan said they have
to have a business license. Cliff asked how they were regulated. Jennifer replied
that the department that deals with that is environmental health. Cliff said in his
neighborhood there is a 13 hour window to pick up.
Jennifer said for the site visit for Theatre Aspen Jessica wanted to see if we could
do something closer to the meeting time versus 2pm on November 1 Jennifer
said that staff would send an email to confirm.
Jennifer said the Building Department was still researching options for the Mother
Lode.
Minutes:
MOTION: Bert Myrin moved to approve the minutes from September 20`
seconded by Cliff Weiss. All in favor APPROVED.
Conflicts of Interest:
None stated.
PUBLIC HEARING:
1460 Sierra Vista Drive — Residential Design Standard
Stan Gibbs opened the public hearing. Jennifer Phelan supplied the public notice
for 1460 Sierra Vista Dr; a request for residential design standard variance from
window standard. Jennifer said the owner of the property was Robert Capito and
introduced the representative for the owner, Scot Broughton, local architect.
Jennifer Phelan said the subject property was a single split level single family
residence that is undergoing a remodel with a change in the roof and is changing a
row of windows in the house on the street facing facade. The issue is the
residential design standards do not permit windows in that 9 to 12 feet; the intent
of the standard is to be able to differentiate between stories. There are 2 standards
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City of Aspen Planning & Zoning Meeting — Minutes October 04, 2011
of the residential design standards that the applicant can meet one or the other; one
is appropriate to the design considering the context of the neighborhood and the
other be clearly necessary for reasons of fairness related to unusual site - specific
constraints. Jennifer said staff recommended approval.
Cliff Weiss said this isn't 2 stories. Jennifer replied that was correct one was
sunken and it is a split level building and just doesn't read from the facade as a
traditional 2 story building. Cliff asked if the 9 to 12 foot zone was essentially
from grade. Jennifer replied that our code says when you deal with these sorts of
buildings that have to come up and take it from the main level, measured 4 feet up.
Bert Myrin asked if on page 3 both standards have to be met. Jennifer replied
either or but not both. Bert said on next page it says that "b" is not met so were are
down to "a" or what the comments speak to from the code; where can we find that
in the code for "intent ". Jennifer responded the neighborhood shows a mix of
patterns; there are intents in the residential design standards and you can go back to
that to see what is the premise for this standard.
Scot Broughton, an architect, said that Jennifer did the presentation very well.
Scot utilized a drawing and a series of photographs to show the project and
neighborhood. Scot said the intent was to modernize this 1970s house by just
raising the front of the building; to raise that front wall about 41/2 to 5 feet, which
kicks into the no window zone and they are setback 75 to 80 feet from the street.
Scot said they were keeping the existing windows at the existing height; it is a very
dark interior and was south facing and would like to get some natural light, views
and solar into the space. Scot said because of decks we have glazing in the
neighborhood on other houses which do have second stories. Scot said they were
41/2 feet above the ground with their first story so he was looking for commissioner
support and approval. Cliff asked if the lower side of the roof was just being
brought up to the 12 foot gable. Scot replied that it was on the back side of the
house.
LJ Erspamer asked if there were any comments from the neighbors. Jennifer
Phelan replied there was one for the record that supported the request. Scot
Broughton said he received a phone call supporting it.
Stan Gibbs said there were not delineated stories and it seems like the intent was
talking about delineated stories. Jennifer replied that was the technique of trying to
apply standards across the board throughout the City; there is room for
improvement to clean up the code.
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City of Aspen Planning & Zoning Meeting — Minutes October 04, 2011
Cliff Weiss said that he looked at a wall of glass on a house behind him and asked
if that was legal. Jennifer responded that this standard was only for street facing
windows, facades.
Bert asked if P &Z had to consider the context and the purpose. Jennifer replied the
design or pattern of the development concerning the context of which the
development was proposed and the purpose of the particular development. Bert
said the next sentence is the context. Jennifer replied yes. Jim True said that you
are struggling with that aspect of the code with the intent aspect; the standards of
statutory construction are for you to determine the intent of the legislators using the
language of the code. Jim True said he wasn't sure which section of the code you
were referring to for the intent. Cliff and Bert replied 26.410.020.D2. Jennifer
said another way is the potential use in the zone district because you get something
in the zone district that doesn't apply.
No public comments.
MOTION: Jim DeFrancia moved to approve Resolution #19, series of 2011
approving a window variance for 1460 Sierra Vista Drive, seconded by LJ
Erspamer. Roll call vote: Cliff Weiss, yes; Bert Myrin, yes; LJErspamer, yes; Jim
DeFrancia, yes; Stan Gibbs, yes. Approved 5 -0.
Adjourned 5:15 pm.
/..<< _ _/I .141/41.4,:..a.
/ ckie Lothian, Deputy City Clerk
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