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HomeMy WebLinkAboutminutes.boa.19850502 CITY OF ASPEN BOARD OF ADJOSTNENT MAY 2, 1985 City Council Chambers 4:00 p.m. A ENDA I. Minutes March 28 , 1985 April 4, 1985 II. New Business Case #85-6 / Independence Lodge Case #85-7 / Aspen Mountain Lodge Project III . Adjournment RECORD OF PROCEEDINGS REGULAR MEETING BOARD OF ADJUSTMENT MAY 2, 1985 Chairman Remo Lavagnino called the meeting to order at 4 : 05 pm with members Francis Whitaker, Charlie Paterson, Anne Austin and Ron Erickson present. MINUTES Whitaker moved to defer the minutes to the end of the meeting; seconded by Paterson. All in favor; motion carried. CASE #85-6 / INDEPENDENCE LODGE Lavagnino told the members and the public present that there was a deficiency in the fulfillment of the requirement for posting, regarding both cases presented tonight. Through an error of the City these cases will have to be deferred until such time as the public can be notified, with a ten day posting, as required by law. Lavagnino read the requested variance : "A height limit variance to allow the construction of a 9 foot by 19 foot roof access stairway which would exceed the 40 foot height limit by 6 1/2 feet . Proposed addition to the Independence Building exceeds the 40 foot height limit for that commercial core zone (Article VIII, Section 24-3.4 area and bulk requirements ) . This building is also in the Wheeler view plane . Proper application has been made to that Commission. This does not add floor space. " Lavagnino asked for comments. He added this is a case that will be tabled, as a public hearing, to a date certain in the future. You may want your comments, if you can be at that meeting, to be held at that time for a more effective continuity to the overall look of the application. There were no comments. Lavagnino asked when the noticing would be effective, the reply was May 9 , 1985. Anne Austin stated she would not be able to attend on May 9 due to a previous commitment. Motion• Whitaker moved that Case #85-6 be tabled until May 16 , 1985 , at 4: 00 pm, Austin seconded. All in favor; motion carried. Whitaker asked what had gone wrong in the noticing. The applicant replied that they were not given a packet. Bill Drueding, building 1 RECORD OF PROCEEDINGS REGULAR MEETING BOARD OF ADJUSTMENT MAY 2. 1985 department, said the applicant is given a packet when they come for the permit or variance. He has been out ill for 5 weeks therefore the applicants were not given packets. Barry Edwards said it was not required by law, but as a courtesy we have always tried to give the applicants everything they need. Druedig added that the courtesy will continue in the future. CASE #85-7 / ASPEN MOUNTAIN LODGE PROJECT Lavagnino read the variance requested: "To utilize a 6 foot chain link fence with upper rail , to surround and secure all limits of construction and constru- ction staging areas. Sturdy permanent gates shall be erected throughout the fence as needed to allow access. This fence structure should not create the visibility concerns while providing for project safety and security. Section 7-141 (g ) (2) , On corner lots no fence, retaining wall, shrub , tree or similar obstruction shall be erected or maintained which obstructs the traffic vision, nor on corner lots shall any fence, retaining wall , shrub, tree or similar obstruction be erected or maintained which exceeds a height of forty-two (42 ) inches, measured from street grade, within thirty (30) feet from the lot corner. (AMC) Section 24-3 .7 (c ) . Fences , hedges or walls shall be permitted providing that they shall not exceed six (6) feet above grade . Fences visible from the street shall be constructed of wood, stone, wrought iron or masonry. Plans showing proposed construction , material , location and height shall be presented to the building inspector before a permit is issued. " Lavagnino asked for comments. Georgia Taylor , for the applicants, stated concern that May 16 , 1985 may be too late for the hearing. She left the meeting to contact the applicants contractor to verify a date for the new hearing. Bill Drueding, building department, said that he did not think the applicant had to come before the Board on this issue. The applicants have to put up construction barriers to protect the public, a construction fence is part of construction, which is a temporary thing to be taken down later. He would not require a permit for that use. Lavagnino said he assumed the case had come before this Board because they would be using a chain link fence that was not indicated in the code. Drueding replied, yes, but it is a construction site and only temporary. A fence to house your 2 RECORD OF PROCEEDINGS REGULAR MEETING BOARD OF ADJUSTMENT MAY 2. 1985 equipment during construction is not necessarily covered by building code, but is a temporary thing as part of the construction project , which would not require a building permit. Lavagnino asked Drueding if he wanted time to consider this, or wanted the applicant to go through the process. Drueding replied to go ahead and set another date for the hearing and he will have the applicant come in to the building department to see if this hearing can be avoided. Georgia Taylor returned stating that a May 16 hearing date was acceptable. Whitaker asked the applicant to notify the secretary if another meeting was not necessary, after talking to the building department. Motion• Anne Austin moved to table Case #85-7 until May 16, 1985 at 4 : 00 pm. ; Whitaker seconded. All in favor; motion carried. Lavagnino asked if the Board, in the past , looked at view planes. The reply was no, that is the planning commission. MINUTES March 28 , 1985 :, Whitaker questioned the last paragraph, page 5 , "Fallin said there was a 2 story addition previously", shouldn 't it read "previously requested" . The Board asked that the statement be verified, and corrected. On page 6, first paragraph, middle, change "indemnify" to "indemnity". Whitaker requested, on page 7, third and fourth line, that "the sides yard variance may have a good reason for a variance" be clarified and corrected. Whitaker moved to approve the minutes, as corrected, of March 28 , 1985; seconded by Paterson. All in favor ; motion carried. April 4 , 1985 : Whitaker corrected the spelling of earnest on page 1 , first paragraph, line 11 . Lavagnino asked on page 6, second paragraph,line 10, "that that would not come" be changed to "that they would . . ". Also on page 6 , second paragraph, line 17 , that "came" be changed to "come" . Whitaker asked on page 7 , second line , "been presented today that is the statement from the building inspector" be changed to read " . . .today that is different from the statement of the building inspector". Whitaker corrected 3 RECORD OF PROCEEDINGS REGULAR MEETING BOARD OF ADJUSTMENT MAY 2. 1985 the spelling of "premise" on page 10, second paragraph. Whitaker corrected the spelling of "principle" on page 12 , second paragraph. Lavagnino corrected page 12, third paragraph, line 6 changing "16 feet" to "6.8 feet" . Notion: Whitaker moved to approve the minutes, as amended, of April 4 , 1985; seconded by Paterson. All in-favor ;- motion carried. Notion: Paterson moved to adjourn the meeting at 4 : 33 p.m. ; seconded by Austin. All in favor motion carried. z �za Kim Wilhoit, Deputy City Clerk 4