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HomeMy WebLinkAboutminutes.boa.19940804 CITY OF ASPEN BOARD OF ADJUSTMENT AUGUST 4, 1994 4 .00 P.M. SECOND FLOOR MEETING ROOM A G E N D A I. CALL TO ORDER ROLL CALL II. CASE #94-9 ANN HODGES III. MINUTES JUNE 16, 1994 IV. ADJOURN t RECORD OF PROCEEDINGS BOARD OF ADJUSTMENT AUGUST 4 1994 Chairman Remo Lavagnino called meeting to order at 4 : 00 P.M. Answering roll call were David Schott, Howard DeLuca, Ron Erickson, Rick Head, Charlie Paterson and Remo Lavagnino. Jim Iglehart was excused. MINUTES JUNE 16, 1994 Rick made motion to approve minutes of Case #94-6 of June 16, 1994 . Ron seconded the motion with all in favor. Rick then made motion to approve minutes of Case #94-7 of June 16, 1994 Ron seconded the motion with all in favor. Rick made motion to approve minutes of Case #94-8 of June 16, 1994 . Ron seconded the motion with all in favor. CASE #94-9 ANN HODGES Remo then stepped down from this hearing because of possible conflict of interest . Charlie Paterson then took over as chairman and read applicant' s request for variance. (attached in record) Robin Molny, architect for applicant : Read letter of variance request from applicant . (attached in record) In the letter the figure reads 7 . 76 feet . That should read 10 . 6 . Basically what we are talking about doing is taking the stairway, demolishing it and moving it 8 feet to the right as you look at the project . Affidavits of posting and mailing were submitted. (attached in record) Rick: Was the existing stairway in compliance when it was built? Bill Drueding, Planning: It was in the County. They didn' t have this rule. Rick: So it was in compliance then. Drueding: I don' t know if it was in compliance. Molny: There was a 30 foot setback requirement . The stairway was BAM8 .4 . 94 conforming in the County. It was also conforming in the City until 1988 when the 30 inch rule came into effect . Drueding: That' s not true . In 1976 it wouldn' t have been conforming. That rule was in effect since 1976 . Stairs could not be in the setbacks . The particular 30 inch below grade is the change. But stairs weren' t permitted in setbacks . Molny: So it was conforming when it was built in the County. And after 1976 it became non-conforming. It wasn' t part of the City until 1988 . It was annexed in 1988 . Rick: So basically your argument is that you could not design a stairway or access to the house without being granted this variance? In other words you would have to have some kind of bridge going into the 3rd floor? Drueding: A bridge wouldn' t be permitted either. A setback goes from the ground to the sky and that bridge would be up here and that would interfere. You have to follow the grade and no greater than 30 inches above the grade at any time. Molny: It is pretty interesting because if there were some way of getting into the house by building a stair down the hill and into the house--once again we have to get down more than the 30 inches below natural grade to get into the house. It just happens to be a freaky situation. Rick: It sounds like something we like to hear. The freakier--the better. Charlie : So you have a practical difficulty. Ron: How many bedrooms? Molny: According to Mr. Drueding' s interpretation which I accept-- three. Ron: How large is the addition to the house? Molny: 882 square feet . Ron: That' s on 2 levels or 3 levels . On the west side you are just going to blow the wall out, move it west a little bit to where your tree line is? Molny: Two levels . Ron: So you are going to continue to have enough parking in the front . 2 BAM8 .4 . 94 Molny: Yes . Drueding: They don' t have enough parking but it is Grandfathered. Ron: 3 spaces . Drueding: In that zone you are only required to have 2 parking spaces in that RV Zone. When they annexed that in they realized people wouldn' t have the parking so they only required 2 spaces . Ron: The new staircase and walk that you are going to put in looks like it is going to interfere with some mature Aspen trees . Have you taken that into account at all? Molny: Yes . If you look at the plans the new bridge and stairs are built around the trees . He then showed this on the drawings . Ron: I have a question of Bill . Is there any way that they can access this house legally? Drueding: I can' t answer that question. The Building Dept has no qualms about this . And the Zoning Dept has no qualms about this . The topography is the problem here. And I would be in favor of this variance. But it is your choice. Howard: You say that a walkway going across would also be illegal . So there is really no way to get into the house . You would need a rope ! I don' t see any problem with this . Charlie asked for any further public comment . There was none and he closed the public portion of the hearing. MOTION Rick: I move to approve variance for Case #94-9 . Howard: The stairway that they are going to put in--are the treads the minimum width that they can be? Drueding: That is the Building Dept . They check that out . Howard: Probably there is only one way to go as far as tread vs riser to get to that point from that point . Drueding: And you need a landing. That is required too. Howard: I know the minimum landing is 3 feet . Then if the door opens out you have to allow for the door also. When you are on the landing outside of the house you have to be able to pull the door open and be able to step back. Howard seconded the motion. 3 BAM8 .4 . 94 Charlie re-opened the public portion of the hearing for any further comments . There were none and he closed the public portion of the hearing. Roll call vote : David,yes, Howard,yes, Ron,yes, Rick,yes, Charlie,yes . Variance granted. Rick made a motion to adjourn. Ron seconded the motion with all in favor. Time was 4 :45 P.M. Janice M(, arney, City De y Clerk 4