HomeMy WebLinkAboutagenda.boa.20231207AGENDA
ASPEN BOARD OF ADJUSTMENT
December 7, 2023
4:30 PM, City Council Chambers -
3rd Floor
427 Rio Grande Place
Aspen, CO 81611
I.ROLL CALL
II.COMMENTS
III.MINUTES
III.A Draft Minutes - 8/3/23
IV.DECLARATION OF CONFLICT OF INTEREST
V.PUBLIC HEARINGS
VI.OTHER BUSINESS
VII.ACTION ITEMS
VII.AReconsideration of Resolution #04, Series of 2023
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT approving
DIMENSIONAL VARIANCEs FOR THE PROPERTY COMMONLY KNOWN AS 258 Roaring
Fork Drive.
VIII.BOARD REPORTS
IX.ADJOURN
minutes.boa.20230803_DRAFT.docx
Final Memo_258 Roaring Fork Drive_Revised Expiration.docx
Revised Resolution #04 Series of 2023 258 Roaring Fork Drive.docx
Exhibit A_August 3, 2023 Resolution #04 Series of 2023 Approval_258 Roaring Fork
Drive.docx
Exhibit B_Signed Agreement and Stipulation_258 Roaring Fork Drive.pdf
TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS
1) Conflicts of Interest (handled at beginning of agenda)
2) Provide proof of legal notice (affidavit of notice for PH)
3) Staff presentation
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4) Board questions and clarifications of staff
5) Applicant presentation
6) Board questions and clarifications of applicant
7) Public comments
8) Board questions and clarifications relating to public comments
9) Close public comment portion of bearing
10) Staff rebuttal/clarification of evidence presented by applicant and public comment
11) Applicant rebuttal/clarification
End of fact finding. Deliberation by the commission commences. No further interaction
between commission and staff, applicant or public
12) Chairperson identified the issues to be discussed among commissioners.
13) Discussion between commissioners*
14) Motion*
*Make sure the discussion and motion includes what criteria are met or not met
Revised January 9, 2021
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REGULAR MEETING ASPEN BOARD OF ADJUSTMENT August 3rd, 2023
Chairperson Sandler opened the meeting of the Aspen Board of Adjustment at 4:30 p.m.
Commissioners in attendance: Jim Farrey, Tim Sack, Ashley Feddersen, Andrew Sandler
Commissioners not in attendance: Rick Head and Collin Frank
Staff present:
Jeff Barnhill, Planner II
Bob Narracci, Zoning Administrator
Kate Johnson, Assistant City Attorney
Mike Sear, Deputy City Clerk
Staff Comments:None
Commissioner comments: None
Declaration of Conflicts of Interest:None
Minutes: Mr. Sandler motioned to approve the minutes from 7/6/2023. Ms. Feddersen seconded.
Roll call vote: Mr. Farrey, yes; Mr. Sack, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 4-0 vote,
motion passes.
PUBLIC HEARING: 258 Roaring Fork Drive – Request for Setback Variance
Applicant Presentation –Chris Bendon – Bendon Adams
Mr. Bendon started his presentation by describing the property and showing a few pictures of
current conditions of the lot’s topography and the existing house. He also showed pictures of
some neighboring properties and described how they dealt with the steep slopes of the area when
building their garages. He showed a site plan of the lot and pointed out the property line in
relation to the road and also the 30-foot required setback line, which he noted goes through the
center of the existing house. He stated that they are requesting a 5-foot setback variance for the
garage structure and a 19-foot setback variance for the existing house to recognize its current
location. He showed some pictures from before and after the renovation of the interior of the
existing house. He went on to detail the proposed garage for this project and the reasoning for the
proposed location to land it on. They had looked at several locations on the lot to land the garage
and because of the steep slopes there was only one location they determined could be used to
build the garage. He showed a site map and pointed out the property line, setback line and edge
of the right of way. He then showed a rendering of the final design. He said that zoning is about
applying general rules for an area and the Board of Adjustment is about applying reason to
specific situations and resolving hardships. He noted that there is a clear hardship on this
property that is not of the owners making and the granting of the requested variances would
result in a well-reasoned solution that is supported by the neighbors. He then introduced Mr.
Scott Lindenau, one of the owners to go over how they got to this place.
Mr. Lindenau introduced himself and his wife Susan and described how they came to purchase
the house. He said that when they decided to build a garage they talked to their neighbors,
showed them where they were thinking of placing the garage and got their support. He said the
garage will be of similar materials to the existing house and from the street will only be 10 feet
tall.
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REGULAR MEETING ASPEN BOARD OF ADJUSTMENT August 3rd, 2023
Mr. Bendon had Mr. Lindenau read into the record a few of the letters of support from the
neighbors, which were emailed to the BOA members prior to the meeting.
Staff Presentation – Jeff Barnhill, Planner II
Mr. Barnhill started by going over the background of the property and the applicants plans to
build a detached garage as well as reviewing the requested setback variances. He showed the
existing conditions of the property and noted the steep slopes surrounding the house. Next, he
detailed the required setbacks for lots of this size in the R-15B zone district. These being a 30-
foot front yard setback, 5-foot side yard setback and a 10-foot rear yard setback. He noted that
the construction of the proposed garage would require a 0-foot setback for the driveway height, a
5-foot setback for the garage structure and a 19-foot setback for the existing residence, all of
which is where a 30-foot setback is required. He moved on to go over the review criteria
applicable to variances and noted these are very strict. He said that this application was referred
out to Parks and Engineering, and he went over their responses. He then stated that staff finds
that there wasn’t enough here to grant a variance. He referenced a project that was recently
before the BOA that had more than just steep slopes when looking at the review criteria and said
that with only the steep slopes on this property, staff did not find a variance was warranted. He
also stated that the neighbor comments are not part of the review criteria, and the BOA needs to
make their decision on a site-specific basis. He closed by saying that staff recommends that the
BOA deny the land use review for the variance.
PUBLIC COMMENTS: None
BOARD DISCUSSION:
Mr. Sack commented that it was clear that the applicant had done their due diligence and that it
was consistent with the neighborhood and had the neighbor’s support. He said the design was
smart and thought it makes sense.
Mr. Sandler said he had visited the site and realized the tough situation present on it and in the
neighborhood.
Mr. Farrey appreciated that the applicant had gone to the neighbors first and worked things out.
Ms. Feddersen agreed and liked the fact that they kept the house.
MOTION:Mr. Sandler motioned to approve Resolution #4, Series of 2023 granting approval
for the requested setback variance for the construction of the garage and studio. Mr. Sack
seconded.
Mr. Bendon noted that they had two requested amendments to the proposed resolution. One
would be to include as an exhibit the section drawing, showing the grade drop and the bridge
structure accessing the garage, as it shows clarity. The second would be to extend the stated
expiration date of 12 months to 36 months.
Mr. Farrey asked why it was only 12 months, to which Ms. Johnson said that is what the code
states.
Mr. Barnhill stated that an applicant only has to be in the process of finalizing their building
permit before the year is up and said they have seen in town what can happen when projects are
extended out. Ms. Johnson added that it doesn’t mean they have to build it in 12 months, but that
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REGULAR MEETING ASPEN BOARD OF ADJUSTMENT August 3rd, 2023
they just have to have submitted their building permit and they have met the requirement of the
expiration date. She also noted that the further it is extended out, the more things that could
happen in the interim. The property could sell, or the design could change, and the approval
would still be valid for three years.
Mr. Farrey then motioned to approve Resolution #4 to include the site section as an exhibit and
to extend the expiration date from 12 to 36 months. Mr. Sandler seconded.
Roll call vote:Mr. Farrey, yes; Mr. Sack, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 4-0; All in
favor, motion passes.
ADJOURN:Mr. Sandler motioned to adjourn the meeting. Ms. Feddersen seconded.
Roll call vote:Mr. Farrey, yes; Mr. Sack, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 4-0; All in
favor, motion passes.
_____________________
Mike Sear, Deputy Clerk
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258 Roaring Fork Drive –Revised Expiration
Board of Adjustment
Page 1 of 2
MEMORANDUM
TO:City of Aspen Board of Adjustment
FROM:Jeffrey Barnhill, Zoning Enforcement Officer
THRU:Bob Narracci, Zoning Administrator
RE:258 Roaring Fork Drive, Variance Expiration Review
Resolution #04, Series of 2023
MEETING DATE:December 7, 2023
APPLICANT:
Susan Okie & Scott Lindenau, 501
Obermeyer Place #104, Aspen, CO 81611
REPRESENTATIVE:
Chris Bendon, BendonAdams, 300 S.
Spring Street #202, Aspen, CO 81611
LOCATION:
258 Roaring Fork Drive. Lot 26, Eastwood
Subdivision, according to the plat thereof
filed on June 23, 1969, in Plat Book 4 at
Page 4 and Amendment No.1 to the
Eastwood Subdivision recorded August
30, 1991 in Plat Book 27 at Page 37,
County of Pitkin, State of Colorado.
PID#273718120016
CURRENT ZONING AND USE:
258 Roaring Fork Drive is located within the
R-15B zone district and is developed with a
single-family residence with a covered
carport.
Lot Size: 15,430 square feet
SUMMARY OF REQUEST:
Staff requests that the Board of Adjustment
rescind Resolution #04, Series of 2023 and
consider a revised Resolution #04 which
will reflect that the variances expire twenty-
four (24) months form the date of approval
rather than the thirty-six (36) months that
were originally approved on August 3,
2023.
STAFF RECOMMENDATION:
Staff recommends the Board of Adjustment approve a
revised Resolution #04, Series of 2023 to reflect that the
variances on the property shall expire twenty-four (24)
months from the date of approval.
FIGURE 1:SUBJECT PROPERTY LOCATION
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258 Roaring Fork Drive – Revised Expiration
Board of Adjustment
Page 2 of 2
BACKGROUND:
In review of the approval of Resolution #04, Series of 2023, staff consulted the City attorneys over the
variance expiration. It was during this review that the City recognized the Board of Adjustment does not
have the authority to grant a thirty-six (36) month expiration for variances. This is pursuant to the language
found in the Land Use Code that states, “The appropriate decision-making body may grant a one time
extension of a variance for up to twelve (12) months.” In the future, the Board of Adjustment may continue
to proactively grant a twelve (12) month extension provided that the applicant demonstrates “good cause
showing that an extension is necessary and must demonstrate that the circumstances as set forth in this
Chapter are still applicable.” (26.314.070 – Expiration)
REQUEST:
Staff and the applicant requests that the Board of Adjustment rescind, amend, and approve Resolution
#04, Series of 2023 allowing for the maximum allowable twenty-four (24) month expiration.
RECOMMENDATION:
Staff finds that this request is necessary to achieve compliance with the Land Use Code. Staff
recommends that the BOA approve the changes to Resolution #04, Series of 2023 for the expiration of
the subject variances.
PROPOSED MOTION (All motions are proposed in the affirmative):
1) “I move to approve the revised BOA Resolution #04, Series 2023.” (This reflects Staff’s
recommendation)
Or, in the alternative:
2) “I move to approve the denial of the revised BOA Resolution #04, Series 2023.” (This means that the
applicants will need to submit a new application for a site-specific variance)
ATTACHMENTS:
Draft Revised BOA Resolution #04, Series 2023
Exhibit A –August 3, 2023 Resolution #04, Series of 2023 Approval
Exhibit B –Staff and Applicant Agreement and Stipulation
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258 Roaring Fork Drive
BOA Resolution #04, Series 2023
Page 1 of 6
RESOLUTION #04
(SERIES OF 2023)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING
DIMENSIONAL VARIANCESFOR THE PROPERTYCOMMONLY KNOWNAS 258 ROARING
FORK DRIVE, LEGALLY DESCRIBED AS: LOT 26, EASTWOOD SUBDIVISION,
ACCORDING TO THE PLAT THEREOF FILED ON JUNE 23, 1969, IN PLAT BOOK 4 AT PAGE
4 AND AMENDMENT NO.1 TO THE EASTWOOD SUBDIVISION RECORDED AUGUST 30,
1991 IN PLAT BOOK 27 AT PAGE 37, COUNTY OF PITKIN, STATE OF COLORADO.
Parcel ID No: 273718120016
WHEREAS,the Community Development Department received an application for 258 Roaring
Fork Drive,(the Application) from Susan Okie & Scott Lindenau(Applicant), represented by Chris Bendon,
BendonAdamsfor the following land use review:
Variance: pursuant to Land Use Code Chapter 26.314,
WHEREAS,the subject property is within the R-15B zone district, is 15,430 square feet in size,
and requires compliance with the following minimum setback dimensions:
Front Yard: 30’
Side Yard: 5’
Rear Yard: Residential Dwellings: 10’, Accessory buildings and all other buildings: 5’
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the
day the application was deemed complete – December 13, 2022, as applicable to this Project; and,
WHEREAS, the Board of Adjustment continued the Application at a duly noticed public hearing
on June 1, 2023, and July 6, 2023; and,
WHEREAS,during a duly noticed public hearing on August 3, 2023, the Board of Adjustment
approved Resolution #04, Series of 2023, by a four to zero (4-0) vote, granting approval for Dimensional
Variance Review, as identified herein, and;
WHEREAS, at the next regular meeting, on December 7, 2023, the Board of Adjustment
reconsidered its approval of Resolution #04, Series of 2023 pursuant to the Agreement and Stipulation to
Amend Section 5 of the Board of Adjustment’s Resolution #04, Series of 2023 to Reflect the Correct
Expiration Period;
WHEREAS,the Board of Adjustment finds that a hardship exists on the property and that it is
reasonable to grant front yard setback variances that relate to the existing development pattern in the
immediate neighborhood; and,
WHEREAS, the Board of Adjustment further finds that good cause exists to extend the expiration
period of the variance by an additional twelve (12) months; and,
WHEREAS,during a duly noticed public hearing on December 7, 2023, the Board of Adjustment
approved Resolution #04, Series of 2023, by a ____ to _____ (__-___) vote, granting approval for
Dimensional Variance Review, as identified herein.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1 Variance:
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258 Roaring Fork Drive
BOA Resolution #04, Series 2023
Page 2 of 6
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of
Adjustment hereby grants the following dimensional variances, as displayed in Exhibit A, approved site
plan and renderings:
258 Roaring Fork Drive
Front Yard Driveway Height Setback: 0’ (where 30’ is required).
Front Yard Setback for the Garage Structure: 5’ (where 30’ is required).
Front Yard Setback for the Existing Residence: 19’ for existing residence (where 30’ is required).
No other development other than grading as represented shall be permitted within established R-15B
setbacks other than those projections defined within Land Use Code Subsection 26.575.020.E.5, Allowed
Projections into Setbacks.
Section 2 Referral Departments:
Prior to constructionof the new detached garage with basement level studio space,the Applicant shall apply
for the appropriate building permits. All calculations will be further reviewed at time of building permit
submittal. The applicant shall comply with all rules and regulations as deemed necessary by the
Engineering, Parks, and Zoning Departments upon review of the building permit submittal.
Section 3 Material Representations:
All material representations and commitments made by the Applicant pursuant to the development proposal
approvals as herein awarded, whether in public hearing or documentation presented before the Community
Development Department and the Board of Adjustment Commission, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless amended by
other specific conditions or an authorized authority.
Section 4 Existing Litigation:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action
or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,
and the same shall be conducted and concluded under such prior ordinances.
Section 5 Expiration:
Pursuant to Land Use Code Section 26.314.070, the Board of Adjustment grants Applicant’s request to
extend the expiration of this variance from twelve (12) months to twenty-four (24) months from the date of
approval unless development has been commenced as illustrated by the submission of a building permit.
The date of approval shall be the date this Resolution was signed. The subject variance is not a Site-Specific
Development Plan (SSDP), is not vested, and will not receive a Development Order.
Section 6 Severability:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
FINALLY,approved this 7
th day of December, 2023.
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258 Roaring Fork Drive
BOA Resolution #04, Series 2023
Page 3 of 6
Approved as to form: Approved as to content:
________________________________________________________
Katharine Johnson, Assistant City Attorney Andrew Sandler, Chair
Attest:
_______________________________
Mike Sear, Deputy City Clerk
Exhibits:
Exhibit A – Approved Site Plan & Elevation
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258 Roaring Fork Drive
BOA Resolution #04, Series 2023
Page 4 of 6
Exhibit A – Approved Site Plan
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258 Roaring Fork Drive
BOA Resolution #04, Series 2023
Page 5 of 6
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258 Roaring Fork Drive
BOA Resolution #04, Series 2023
Page 6 of 6
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258 Roaring Fork Drive
BOA Resolution #04, Series 2023
Page 1 of 5
RESOLUTION #04
(SERIES OF 2023)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING
DIMENSIONAL VARIANCESFOR THE PROPERTYCOMMONLY KNOWNAS 258 ROARING
FORK DRIVE, LEGALLY DESCRIBED AS: LOT 26, EASTWOOD SUBDIVISION,
ACCORDING TO THE PLAT THEREOF FILED ON JUNE 23, 1969, IN PLAT BOOK 4 AT PAGE
4 AND AMENDMENT NO.1 TO THE EASTWOOD SUBDIVISION RECORDED AUGUST 30,
1991 IN PLAT BOOK 27 AT PAGE 37, COUNTY OF PITKIN, STATE OF COLORADO.
Parcel ID No: 273718120016
WHEREAS,the Community Development Department received an application for 258 Roaring
Fork Drive,(the Application) from Susan Okie & Scott Lindenau(Applicant), represented by Chris Bendon,
BendonAdamsfor the following land use review:
Variance: pursuant to Land Use Code Chapter 26.314,
WHEREAS,the subject property is within the R-15B zone district, is 15,430 square feet in size,
and requires compliance with the following minimum setback dimensions:
Front Yard: 30’
Side Yard: 5’
Rear Yard: Residential Dwellings: 10’, Accessory buildings and all other buildings: 5’
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the
day the application was deemed complete – December 13, 2022, as applicable to this Project; and,
WHEREAS, the Board of Adjustment continued the Application at a duly noticed public hearing
on June 1, 2023, and July 6, 2023; and,
WHEREAS,the Board of Adjustment finds that a hardship exists on the property and that it is
reasonable to grant front yard setback variances that relate to the existing development pattern in the
immediate neighborhood; and,
WHEREAS,during a duly noticed public hearing on August 3, 2023, the Board of Adjustment
approved Resolution #04, Series of 2023, by a four to zero (4-0) vote, granting approval for Dimensional
Variance Review, as identified herein.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1 Variance:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of
Adjustment hereby grants the following dimensional variances, as displayed in Exhibit A, approved site
plan and renderings:
258 Roaring Fork Drive
Front Yard Driveway Height Setback: 0’ (where 30’ is required).
Front Yard Setback for the Garage Structure: 5’ (where 30’ is required).
Front Yard Setback for the Existing Residence: 19’ for existing residence (where 30’ is required).
No other development other than grading as represented shall be permitted within established R-15B
setbacks other than those projections defined within Land Use Code Subsection 26.575.020.E.5, Allowed
Projections into Setbacks.
14
258 Roaring Fork Drive
BOA Resolution #04, Series 2023
Page 2 of 5
Section 2 Referral Departments:
Prior to constructionof the new detached garage with basement level studio space,the Applicant shall apply
for the appropriate building permits. All calculations will be further reviewed at time of building permit
submittal. The applicant shall comply with all rules and regulations as deemed necessary by the
Engineering, Parks, and Zoning Departments upon review of the building permit submittal.
Section 3 Material Representations:
All material representations and commitments made by the Applicant pursuant to the development proposal
approvals as herein awarded, whether in public hearing or documentation presented before the Community
Development Department and the Board of Adjustment Commission, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless amended by
other specific conditions or an authorized authority.
Section 4 Existing Litigation:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action
or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,
and the same shall be conducted and concluded under such prior ordinances.
Section 5 Expiration:
Pursuant to Land Use Code Section 26.314.070, the Board of Adjustment grants Applicant’s request to
extend the expiration of this variance from twelve (12) months to thirty-six months (36) months from the
date of approval unless development has been commenced as illustrated by the submission of a building
permit. The subject variance is not a Site-Specific Development Plan (SSDP), is not vested, and will not
receive a Development Order.
Section 6 Severability:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
FINALLY,approved this 3
rd day of August, 2023.
Approved as to form: Approved as to content:
________________________________________________________
Katharine Johnson, Assistant City Attorney Andrew Sandler, Chair
Attest:
_______________________________
Mike Sear, Deputy City Clerk
Exhibits:
Exhibit A – Approved Site Plan & Elevations
15
258 Roaring Fork Drive
BOA Resolution #04, Series 2023
Page 3 of 5
Exhibit A – Approved Site Plan & Elevations
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258 Roaring Fork Drive
BOA Resolution #04, Series 2023
Page 4 of 5
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258 Roaring Fork Drive
BOA Resolution #04, Series 2023
Page 5 of 5
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