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HomeMy WebLinkAboutminutes.boa.20230803 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. 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 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