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
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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
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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
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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.
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Kim Wilhoit, Deputy City Clerk
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