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REGULAR MEETING ASPEN BOARD OF ADJUSTMENT December 1st, 2022
Chairperson Sandler opened the meeting of the Aspen Board of Adjustment at 4:34 p.m.
Commissioners in attendance: Jim Farrey, Collin Frank, Ashley Feddersen, Andrew Sandler
Commissioners not in attendance: Tim Sack and Rick Head
Staff present:
Jeffrey Barnhill, Planner I
Kevin Rayes, Planner
Bob Narracci, Zoning Administrator
Jim True, City Attorney
Cindy Klob, Records Manager
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 9/8/22. Ms. Feddersen seconded.
Roll call vote: Mr. Frank, yes; Mr. Farrey, yes; Ms. Feddersen, yes; Mr. Sandler, yes. All in
favor, motion passes.
Mr. True asked if Ms. Feddersen was joining the meeting via phone. Ms. Feddersen said yes. Mr.
True noted for the record that Ms. Feddersen was participating via phone and asked if anyone
had an objection. There were no objections.
PUBLIC HEARINGS: 401 Park Ave. – Permitted Use Variance
Staff Presentation – Jeffrey Barnhill -Planner I
Mr. Barnhill started by going over some background on the property and noted that it is part of
the Bibbig subdivision and in the R-6 zone district. He also noted the 333 Park Ave. was granted
a variance via BOA resolution #1 of 2022 for a single-family residence and that 401 and 333
Park Ave. have the same ownership. The owners are here today for construction staging on 401
Park while they construct the 333 Park property. Mr. Barnhill then went over the Permitted Use
Variance and its difference from a traditional variance. He also showed a diagram of the two
properties detailing the location of construction parking and material staging areas on the 401
Park property. He then went over the review criteria for the Permitted Use Variance and noted
that staff had determined that this proposal met all of the review criteria. Mr. Barnhill mentioned
that this proposal had been reviewed by the Parks and Engineering Departments and both agreed
with staff’s position recommending approval. There were some conditions in the draft resolution
that addressed their concerns related to the restoration post completion of 333 Park. Staff
recommends approval with the conditions included in the resolution.
Applicant Presentation – Sara Adams – Bendon Adams
Ms. Adams thanked Mr. Barnhill for his presentation and agreed that this was a good solution for
the neighborhood and hoped the board agreed with staff’s recommendation.
REGULAR MEETING ASPEN BOARD OF ADJUSTMENT December 1st, 2022
There were no questions from the board members.
PUBLIC COMMENTS: None
Mr. Sandler moved to approve Resolution #3, Series of 2022 granting approval for a Permitted
Use Variance to allow off-site construction staging on 401 Park Avenue, with conditions. Mr.
Farrey seconded. Roll call vote: Mr. Frank, yes; Mr. Farrey, yes; Ms. Feddersen, yes; Mr.
Sandler, yes. All in favor, motion passes.
424 S. Spring St. – Setback Variance Request
Staff Presentation – Kevin Rayes – Planner
Mr. Rayes started by showing an overhead view of the property and noted it is where the
Butcher’s Block is located. He went over the current conditions and highlighted several
businesses that occupy the building. He noted that since it was built in the 1960’s and has not
undergone any demolition since then, it is not required to be up to current code standards. It
currently encroaches into a lot of setbacks. He then pointed out a small space between this
property and the adjacent one that was never developed and is the subject of this review. He
showed a few pictures of the space in its current condition which shows various uses including a
dumpster and recycling, refrigeration units and storage sheds. Most of the equipment has been
thought of as necessary for the basic function of the businesses. The challenge is the applicant
would like to keep the equipment where it is, but it is currently well into the 5-foot setback
required here. The applicant is requesting to memorialize the equipment in order to have a
guaranty to be able to continue using it. Mr. Rayes went on to describe the variance review
criteria and noted that due to the corner lot it is not ideal to relocate the equipment to any other
side of the building. He then showed a site plan included in the resolution that highlights the area
the equipment can be located in order to give clarity to the applicant. He stated that staff finds all
criteria to be met and is recommending approval of the variance requested.
Mr. Farrey asked if the area between the two buildings highlighted in the site plan was owned by
the applicant. Mr. Rayes said that the area the equipment is located on is owned by the applicant.
Mr. Farrey asked why this came to the BOA and was not done administratively. Mr. Rayes
responded by saying variances are pretty clear and that putting equipment in the setback is
normally not allowed by code. This is also to provide transparency with the public and is not on
staff to decide if it is consistent with community values rather it is up to the board.
PUBLIC COMMENTS: None
Mr. Sandler moved to approve Resolution #4, Series of 2022 approving a setback variance for
424 S. Spring Street. Ms. Feddersen seconded. Roll call vote: Mr. Frank, yes; Mr. Farrey, yes;
Ms. Feddersen, yes; Mr. Sandler, yes. All in favor, motion passes.
REGULAR MEETING ASPEN BOARD OF ADJUSTMENT December 1st, 2022
ADJOURN: Ms. Feddersen motioned to adjourn. Mr. Sandler seconded. Roll call vote: Mr.
Frank, yes; Mr. Farrey, yes; Ms. Feddersen, yes; Mr. Sandler, yes. All in favor, motion passes.
_____________________
Mike Sear, Deputy Clerk