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HomeMy WebLinkAboutminutes.boa.20230216 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT FEBRUARY 16th, 2023 Chairperson Sandler opened the meeting of the Aspen Board of Adjustment at 4:30 p.m. Commissioners in attendance: Jim Farrey, Collin Frank, Tim Sack, Ashley Feddersen, Andrew Sandler Commissioners not in attendance: Rick Head Staff present: Kevin Rayes, Planner Bob Narracci, Zoning Administrator Kate Johnson, Assistant City Attorney Mike Sear, Deputy City Clerk Risa Rushmore, Administrative Assistant Staff Comments: None Commissioner comments: None Declaration of Conflicts of Interest: None Minutes: Mr. Sandler motioned to approve the minutes from 12/1/22 & 1/26/23. Ms. Feddersen seconded. Roll call vote: Mr. Farrey, yes; Mr. Frank, yes; Mr. Sack, yes; Ms. Feddersen, yes; Mr. Sandler, yes. All in favor, motion passes. PUBLIC HEARINGS: 701 S. Monarch St. – Dimensional Variance Review Applicant Presentation – Chris Bryan – Garfield & Hecht, PC Mr. Bryan introduced himself as representing the Caribou Condominiums for the 701 S. Monarch St. project. He described the site location and noted that the topography, in the applicant’s mind, necessitates the request of a variance in order to maintain the safety of the premises and the surrounding area including trees that are in the easement. He went on the describe the details of the requested setback and height variances related to the construction of a new retaining wall to support and stabilize an existing retaining wall that may fail. He stated that they believe that the Resolution in front of the board with conditions is accurate and that the variance will serve the purpose it is designed for. He also went over the reasons why they believe the approval criteria have been met. There were no member questions of the applicant. Staff Presentation – Kevin Rayes, Planner Mr. Rayes showed an overhead view of the property describing some details and history. He then showed a diagram of the existing conditions, including the location of the existing retaining wall. He mentioned that it is not up to engineering standards and on a recent site visit, the Parks department was a little concerned that the removal of the existing wall could compromise the soil and integrity of a tree just above it. The Park’s department had said the least impactful solution would be to build a new wall adjacent and on the inside of the existing one. He pointed out that the Board of Adjustment is only being asked to approve a setback variance in this case, as the height variance goes to City Council. Next, he went over the review criteria and the reasoning REGULAR MEETING ASPEN BOARD OF ADJUSTMENT FEBRUARY 16th, 2023 staff finds them to be met as well as stating that staff recommends approval of the setback variance. There were no member questions of staff. PUBLIC COMMENTS: None BOARD DISCUSSION: There was consensus from the members that this was a straightforward case and that it seemed all parties were in agreement. The board thanked the applicant and staff for their work and presentations. MOTION: Mr. Sandler moved to approve Resolution #1, Series of 2023 granting approval for the Dimensional Variance. Ms. Feddersen seconded. Roll call vote: Mr. Farrey, yes; Mr. Frank, yes; Mr. Sack, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 5-0; All in favor, motion passes. OTHER BUSINESS – Election of Chair & Vice-Chair Mr. Sandler stated that he would like to continue in the role of Chair. Ms. Feddersen said she would like to continue in the role of Vice-Chair. Mr. Sandler then motioned to approve the slate as proposed. Mr. Farrey seconded. Roll call vote: Mr. Farrey, yes; Mr. Frank, yes; Mr. Sack, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 5-0; All in favor, motion passes. ADJOURN: Mr. Sandler motioned to adjourn the meeting. Ms. Feddersen seconded. Roll call vote: Mr. Farrey, yes; Mr. Frank, yes; Mr. Sack, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 5-0; All in favor, motion passes. _____________________ Mike Sear, Deputy Clerk