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Regular Meeting Aspen Planning and Zoning Commission September 19, 1978
The Aspen Planning and Zoning Commission held a regular meeting on September 19,
1978, at 5: 00 PM, in the City Council Chambers. Members present were Charles
Collins, Olaf Hedstrom, Welton Anderson, Ellen Anderson, Donald Ensign and Joan
Klar. Also present were Karen Smith, Joe Wells, Richard Grice and Jim Reents of
the Planning Office and Housing Director Mark Danielsen.
Reschedule Regular Reents asked the Commission to reschedule the regular
Meeting of meeting of October 3, 1978, to October 10, 1978, because
October 3, 1978 of a conflict in time requirements for publication.
Hedstrom moved to reschedule their regular meeting from
the first Tuesday in October to the second Tuesday in
October, Klar seconded. All in favor, motion approved.
Melnick Duplex - Grice introduced the application. This duplex is located
Subdivision on Sierra Vista Drive, Lot 40, West Aspen Subdivision,
Exemption Filing #1, owned by Larry Melnick. He showed copies of
the survey. The City Engineer recommends approval without
condition. Danielsen notes that unit 2 is occupied by the
Melnicks and unit 1 may be sold to the present tenant.
He recommends approval subject to the right of first re-
fusal, 6 month minimum lease and 180 day relocation time
provision of Ordinance 53. The Planning Office recommends
approval.
Ms. Anderson noted that Danielsen' s memo notes that the
present tenant has never had a lease and a letter from
Tam Scott notes that she has had a lease for two years.
Hedstrom moved to recommend exemption of the Melnick
condominiumization located on Lot 40, West Aspen Subdivi
sion, Filing #1, from strict application of the subdivi-
sion regulations inasmuch as their intent and purposes
have been satisfied and subject to the right of first
refusal, six month minimum lease and 180 day relocation
provision of Ordinance 53, Klar seconded. All in favor,
motion approved.
Hunter Square Reents introduced the application. He noted that this is
Condominiumization located on the corner of Hunter and Main in the C-1 zoning
Preliminary Plat district and is owned by Irving Biers. The owner will re-
tain the three residential units with single ownership
but will separate for purposes of sale the commercial
space, 9 units of approximately 8000 sgft, An inspection
by the Building Department determined that there are no
kitchens present in three of the commercial units. The
Planning Office has no objections other than to speculate
whether it will have the same kind of displacement impact
on current renters as does apartment condominiumization.
There is no City policy on this matter. The Planning
Office recommends a six month minimum lease restriction.
The City Engineer recommends approval with the following
conditions: 1) the building encroachment into the public
right-of-way on Main Street should be specifically noted
on the final plat, 2) an easement be granted for the
transformer and the buried cable to formalize a verbal
agreement, 3) the curb cut on the Hunter Street frontage
be closed and replaced with standard curb, gutter, and
sidewalk, 4) exact right-of-way widths for the adjoining
public rights-of-way should be shown, 5) correction of
the plat to reflect the changes to more commercial units
and three fewer apartments .
Irving Biers was present and noted that the building was
originally built for 6 residential and 6 commercial units.
Hedstrom agreed that the plat should be updated to show
the changes. Reents noted that apartments 2A, 2B and 3B
were converted from residential to commercial space.
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Regular Meeting Aspen Planning and Zoning Commission September 19 , 1978
Reents noted that Danielsen felt they should impose the
same restrictions as similar condominiumizations, specifi-
cally the six month minimum lease, right of first refusal
and 180 day relocation provision. Hedstrom did not feel
they could impose these conditions on commercial space.
Collins suggested imposing these conditions on the resi-
dential space only.
Hedstrom moved to approve the Preliminary Plat of the
condominiumization of the Hunter Square Building into
one unit of three residential units and nine commercial
units subject to the following conditions: 1) the en-
croachment created on Main Street be recorded, 2) the
transformer and cable easements be recorded, 3) the
existing curb cut on Hunter Street be closed and replaced,
4) the Right-of-way widths be shown, 5) an updated plat
be prepared, 6) six month minimum lease restriction,
7) 90 day right of first refusal and 8) 180 day reloca-
tion provision of Ordinance 53 be imposed on the three
residential units, Ensign seconded. All in favor, motion
approved.
Density Reduction Wells made the presentation. He noted that he spoke with
three people involved with applications that required
this calculation. They all felt the proposed formula a
more efficient and reasonable way to calculate slope re-
duction, although one did not agree with this method of
density control. He explained several problems with the
method of calculation in the existing formula. The new
method uses a topographical map and gives 100% credit for
0-20% slope, 50% for 20-30% slope, 25% for 30-40% slope
and nothing for anything over 40% slope.
Hedstrom moved to recommend to City Council an amendment
to the density reduction formula contained in
Section 24-8. 18 of the zoning ordinance as proposed in
the memorandum of Joe Wells, Planning Office of
September 5, 1978, Klar seconded. Roll call vote:
W. Anderson, nay; Ms. Anderson, aye; Klar, aye; Ensign,
nay; Hedstrom, aye; Collins, aye; motion approved.
Subgrade Definition Smith noted that they opened the public hearing at the
last meeting and continued it to this meeting.. This is
an amendment to Section 24-3. 7 of the zoning code to
define subgrade. The Board discussed this amendment.
Hedstrom moved to recommend amendment of Section 24-3. 1
to include the definition of subgrade as follows; subgrade
shall mean "any story of a structure which is 100% below
grade" , Ensign seconded. All in favor, motion approved.
Stream Margin Review Smith noted that the Stream Margin Review on the J.R.
J.R. Williams Williams property had been taken off the agenda.
Klar moved to adjourn the meeting, Ensign seconded. All
in favor, motion approved. Meeting adjourned at 7 : 15 PM.
Shery immen, Deputy City Clerk