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HomeMy WebLinkAboutminutes.apz.19780801 BRADFORD PUBLISHING CO.,DENVER R E C O R D OF P R O C E E D I N G S Regular Meeting Aspen Planning and Zoning Commission August 1, The Aspen Planning and Zoning Commission held a regular meeting on August 1, 1978 at 5: 00 PM in the City Council Chambers. Members present were Charles Collins, Olaf Hedstrom, Donald Ensign, Joan Klar, John Schuhmacher and Welton Anderson. Also present were Karen Smith, Richard Grice, Joe Wells and Jolene Vrchota of the Planning Office, Dave Ellis and Jay Hammond of the Engineering Department, and Mark Danielson, Housing Director. Approval of Minutes Schuhmacher moved to approve the minutes of July 6 and 18, 1978, as amended, Klar seconded. All in favor, motion approved. FAR Definitions Smith presented a resolution clarifying that areas under Resolution a private balcony and private balconies should not be counted in the calculation of floor area ratio. They also changed the word "usable" to "necessary for the function of the building" . Collins questioned the word- ing of 'the amendment. He felt it implied that the bal- cony is the usable space instead of the area beneath the balcony. The Board rearranged the wording to read as follows: "The calculated floor area of a building or portion thereof not surrounded by exterior walls shall include any areas necessary for the function of the build- ing which are under a horizontal projection of a roof or balcony" . Anderson moved to adopt the resolution as amended, Klar seconded. All in favor, motion approved. Smith then explained the problem with the words subgrade and basement in the code. She asked that they set a pub- lic hearing to add the definition of subgrade to the code. The definition would show that subgrade is anything 100% below grade. Collins did not feel there are many base- ments that are 100% below grade because of the nature of the terrain. Smith noted that they must consider this in terms of use; anything partially above ground is leasable space. She noted that this would apply in the commercial districts since there is presently no FAR in the residen- tial districts. She noted that the Building Inspector supports this clarification. Collins asked how he inter- prets it now. Smith said he uses 100% below now. Ensign asked how the Durant Mall was calculated. Smith noted that parking is not included. Collins asked the Planning Office to set a public hearing to add this definition to the code. Park Central West Vrchota introduced the application. She noted that this Preliminary Plat was approved through the GMP. She showed the plat for five lots on the corner of Hyman and Aspen zoned office. The applicants propose a two story building with 10 units residential; 7 free market and 3 employee housing studios. She noted that this scored second highest in the GMP re- views. The referrals are all positive. She noted that it is located close to the CC district and bus routes. There will be 2000 sqft of office space and the employees will be given preference to the employee housing, The Planning Office recommends approval subject to three con- ditions: 1) the electric company needs to know what power load is needed and when, 2) Mountain Bell needs utility easements,; 3) low income housing rent control. Danielson supported a price structure for the next five years. He submitted a copy of the 1978 Growth Management Housing Price Guidelines. He was concerned with the length of time these units would be under these guidelines. He noted that the Council, at a meeting concerning housing, felt that 5 years is unacceptable. Danielson suggested conditioning approval upon the housing price guidelines as determined by the Housing Authority. He asked that they not table this case. -2- Regular Meeting Aspen Planning and Zoning Commission August 1, 1978 Yan Mulford, representing the applicant, noted that if they begin construction in November, their construction prices will be higher than what they represented on their application. Smith felt they should be committed to what they represented on their application for rental prices. Klar agreed that they should not make exceptions to the original proposals. Smith noted a section of the GMP that says that no applicant shall amend, modify, or change their application except in insubstantial part. She felt this applies as well to the preliminary plat and final plat. Danielson felt it unfair to hold someone to old price guidelines when the project is completed in the following year. He felt they should fall under the appro- priate year' s guidelines. He also noted that the salary index affects the consumer price index. Ensign suggested conditioning approval on conforming with the Housing Authority' s adopted policy. Collins opened the public hearing. Mulford felt that the language recommended by the Planning Office regarding the utility easement was too limiting. They wish to keep it open to cable TV, private telephone lines, etc. Collins closed the public hearing. Smith felt that the City Engineer should have the final say on the utility easement language. Hedstrom moved to recommend preliminary plat approval of Park Central West subject to the following conditions: 1) agreement to accept the housing policy and pricing restrictive terms when adopted by City Council, 2) grant- ing of easements for public and private communications and utilities satisfactory to ;the City Engineer, 3) furnishing the electric utility power load needed and when power load needed, Ensign seconded. All in favor, motion approved. Beuttas Grice introduced the application. The property is located Subdivision between 2nd and 3rd on Hopkins. He submitted a map show- Exemption ing surrounding uses . Chris Smith, representing the applicant, explained the map. Grice noted that the con- version of one of the units to an animal clinic was a legal conversion with the appropriate permits. He said the Engineering Department ask that a condition of approval be agreement to construct 5 ' sidewalks on 2nd and Hopkins. The three units are 450 sqft. , 1100 sqft, and 1900 sqft. Kay Reid verifies that the duplex has been short term rented since 1968. This conversion would add to the Low and Moderate Income Housing supply. The former vet clinic is currently rented and the tenant would have 90 day right of first refusal and 6 month minimum lease. Danielson recommends approval subject to those two conditions. The Planning Office recommends approval. Smith asked who would outline the location of the five foot sidewalk. Grice said the City Engineering Depart- ment would assist. He noted that there are adjacent sidewalks. Dave Ellis recommends that it be installed before the sale of any of the units. Hedstrom moved to recommend exemption of the Beuttas condominiumization of 3 units located at 234 W. Hopkins from strict application of the subdivision regulations inasmuch as their purposes and intent have been satisfied, and subject to the following conditions: 1) agreement satisfactory to the City Engineer for the construction of five foot sidewalks on both Second and Hopkins Street frontage, 2) provision of an agreement to 90 day right -3- BRADFORD PUBLISHING CO.,DENVER R E C O R D OF P R O C E E D I N G S Regular Meeting Aspen Planning and Zoning Commission August 1, 1978 of first refusal and 6 month relocation time for the present tenant of unit three, 3) acceptance of the six month minimum lease requirement of Ordinance 53, Ensign seconded. All in favor, motion approved. Frishman Grice introduced the application. The property is lo- Subdivision cated on the corner of Smuggler and Second, zoned R-6. Exemption There are three lots, 3, 000 sqft. each. Engineering Department recommends approval without condition. Grice noted that one of the units is occupied by the Frishmans, the second has been rented to conferees of the Institute on a short term basis. Danielson agrees that this will not reduce the supply of low and moderate income housing. He recommends approval subject to the conditions of Ordinance 53. Hedstrom moved to recommend exemption of the Frishman condominiumization of an existing duplex located on Lots A, B, and C, Block 48, Aspen, from strict application of the subdivision regulations inasmuch as their intent and purposes have been satisfied and subject to any tenant that there may be in unit two at the time of condominium- ization and sale of that unit be given the right of first refusal and 180 days in which to relocate, and subject to acceptance of the six month minimum lease restriction of Ordinance 53, Schuhmacher seconded, All in favor, motion approved. Neal Avenue Smith introduced the application. The City wishes to Water Line, construct across but below the Roaring Fork River, They Stream Margin Review intend to use natural gap in the vegetation to not dis- turb the area. They will divert the stream one half at a time. The Planning Office recommends approval with a commitment to the methods of construction specified in the Engineering Office' s memo. Jay Hammond of the Engineering Department gave the presen- tation. He noted that there will be no above ground structures. There are no existing trails in the pipe alignment. They feel the impact will be minimal, They will not disturb any trees and will not alter the existing banks when completed. The City will undertake the re- planting to prevent any erosion. The water line is needed to complete the Neal Avenue loop, Collins asked if there will be any valve boxes. Hammond noted the existing valve boxes and said they will install one where they connect. They hope that this connection will be maintenance free. Hammond described the method of construction. Hedstrom was concerned with the silting that may occur during con- struction. Hammond noted that the code prohibits a per- manant disturbance and the silting will be short lived, perhaps three days.. He felt holding ponds would create more problems than it would be worth. Ensign moved to approve the method of construction and location for the new water line at Neal Avenue as proposed, Schuhmacher seconded. All in favor, motion approved. Two Guys From Italy Grice introduced the application. The applicants wish Use Determination to open a combination jewelry store, art gallery and hair salon in the C-1 zone. Grice noted that a jewelry store and art gallery are permitted uses in this zone, a hair salon is not. The applicants represent that the salon is only 100 of the business. If this is true, the Planning Office recommends approval. Collins asked how many chairs they will have in the store. Richard Molinaro and David Bromberg, applicants:, said they will have five. Ashley Anderson, representing the applicants noted that most of their work is involved -4- Regular Meeting Aspen Planning and Zoning Commission August 1, 1978 J with models for magazine layouts and advertising. It will be open to the public. They will be creating "a look" for their customers. The primary thrust of the business is design. He submitted examples of their magazine layouts. The salon will be by appointment only. Anderson noted that up until July of 1977, there was a hair salon in this space. Bromberg said he has a collection of limited edition bronzes, porcelains, oils and lithographs. They will be displayed around the store and will be available for pur- chase. Anderson submitted a floor plan. There will be a full time employee to show the art and jewelry. He noted that they are presently operating in Boulder. Collins asked the square footage. Anderson said they have 1650 sqft. Hedstrom noted that hair salons are not permitted in this zone and he could not approve of a combination of any use that is not permitted with uses that are. Klar noted that there have been salons in this location. Smith said they should not find it a permitted use on the basis that there have been salons in this location before; they should find that it is so similar to the uses permitted in that dis- trict. Schuhmacher asked how they would advertise this business. Bromberg said they would give the name and address of the business and not state the services. Hedstrom did not feel the salon would be a minor aspect of the business. He felt the semantics were concealing the true nature of the business. Molinaro felt that the concept of hair salons has not changed in the people' s minds in many years. They have changed the way of doing business; they keep records and spend 1-2 hours on each customer. He uses 2-3 chairs at a time with never more than two people having their hair cut at one time. They do 3-4 cuts per day.. Collins felt that this is a very important question. He asked the City Attorney' s opinion in this matter. Smith said that Nuttall felt that any determination should be made on the aggregate of the uses. Hedstrom still did not feel that a combination of uses makes all three permitted uses. He supported the business but could not justify it with the code. Klar noted that the intent of the C-1 zone is non-tourist oriented and that this business is not pri- marily for tourists . Hedstrom read the permitted uses in the C-1 district. Ensign felt they should approve this as a similar use and amend the code to include hair salons in this district, Smith did not recommend a code amendment. Ensign moved that the Planning and Zoning Commission find that a combination jewelry store, art gallery and hair salon as proposed by the Two Guys from Italy application is an appropriate use in the C-1 zone district, Klar seconded. Roll call vote: Schuhmacher, aye; Anderson, aye; Ensign, aye; Klar, aye; Hedstrom, nay; Collins, nay; motion approved. Collins felt they were getting away from the original intention of the code. He felt they should consider an amendment to the code, to include hair salons in this dis- trict. Hedstrom did not feel an aggregate of these uses was similar to the permitted uses in the district. Anderson did feel the aggregate is similar to the intent of the zone but felt they should pursue an amendment. -5- BRADFORD PUBLISHING CO.,DENVER R E C O R D OF P R O C E E D I N G S Regular Meeting Aspen Planning and Zoning Commission August 1, 1978 Growth Management Smith said they would like to introduce certain amendments Ordinance 48, that the P&Z should consider for the GMP. Proposed Amendments, Tom Wells, representing Van Horn, noted that he is pro- Introductory ceeding with his original application. He felt that an Discussion application to the GMP for a split site does not have a chance to achieve the necessary points. Collins noted that the P&Z is aware of the difficulty that these pro- jects had in obtaining points . Joe Wells of the Planning Office noted that he was originally opposed to a separate points allocation for subdivision application because he felt it encouraged clustered development. Jack Van Horn was present. He noted that he has owned an undivided half interest in this property for six years. He was confident that they would achieve the necessary points to be approved. They lacked the necessary employee housing. He asked that they be exempted from the GMP with the understanding that they would comply with the subdivision requirements . He felt that a person that is building his own home is in a better position to pro- vide employee housing than this type of project. Klar moved to adjourn the meeting, Schuhmacher seconded. All in favor, motion approved. Meeting adjourned at 7 : 30 PM. Shery immen, Deputy City Clerk