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HomeMy WebLinkAboutminutes.boa.19850620 CITY OF ASPEN BOARD OF ADJUSTMENT JUNE 20, 1985 CITY COUNCIL CHAMBERS 4:00 p.m. AGENDA I. NEW BUSINESS Case #85-8 / Gronner, Hull II. ADJOURNMENT RECORD OF PROCEEDINGS REGULAR MEETING BOARD OF ADJUSTMENT JUNE 20.1985 Chairman Remo Lavagnino called the meeting to order at 4: 05 p.m. with members Rick Head, Ron Erickson, Francis Whitaker and Charlie Paterson present. NEW BUSINESS CASE 185-8 / GROWER, HULL No one was present for the applicant. Lavagnino asked Barry Edwards, city attorney, what steps should be taken at this point being that this is the third time the applicant has not been present for the hearing. Edwards replied the Board has been as courteous as possible. Motion- Head moved to deny the variance; Whitaker seconded. Discussion: Whitaker said this case appears to have been completed before the case was heard. He was unsure if a building permit had been issued to which Bill Drueding of the building department stated there had not been a permit issued. Mr. Whitaker said in his opinion this is not an attempt to close a garage in, it is an attempt to turn a garage into a workshop with a wood floor and a work bench. Edwards said the Board can request that the Building department investigate whether or not this structure has been completed illegally. Lavagnino asked Drueding if the building department denial was based on the carport being a non-conforming structure or because the carport is in the set back . Drueding replied it was a non-conforming structure because it was in the set back. Paterson questioned if there was a law stating you can not have a workshop in a garage. Whitaker said the request states converting a carport into a garage, with a wood floor it can' t be used as a garage. Drueding added if it is required parking it can not be eliminated, if converting it to a workshop eliminates the required parking space then it can't be done. Head asked if they did not have off street parking before hand the Board can not require them to put in parking. Drueding replied no, but they can not eliminate the parking that already exists. 1 RECORD OF PROCEEDINGS REGULAR MEETING BOARD OF ADJUSTMENT JUNE 20.1985 Erickson asked if rather than just denying the motion can it be denied based it on its merits. Lavagnino replied only on the merits that have been given to the Board. Erickson said rather than denying the variance because the applicant did not show up he would rather deny it based on its merits. Lavagnino said he would assume this request is a written statement by the applicant and therefore, the Board can utilize that as -their evidence for the granting or denying of the variance. Edwards confirmed that was correct. All in favor; motion carried. Motion- Whitaker moved that the Board request the Zoning enforcement officer to investigate the alleged violation or construction without a building permit; Head seconded. Discussion: Paterson questioned if this was within the Board' s jurisdiction.- Edwards said it is merely a recommendation and if you want to formalize by resolution it certainly may be done. All in favor ; motion carried. Motion- Head moved to adjourn the meeting at 4: 13 p.m. ; Whitaker seconded. All in favor; motion carried. Kim Wilhoit, Deputy City Clerk 2