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Home My WebLink Aboutminutes.apz.20241119 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION NOVEMBER 19, 2024 Commissioners in attendance: Charlie Tarver, Maryann Pitt, Eric Knight, Tom Gorman, Christine Benedetti, and Teraissa McGovern. Staff present: Haley Hart, Long Range Planner Kyla Smits, Project Manager I Ben Anderson, Com Dev Director Jeffrey Barnhill, Senior Planner Kate Johnson, Assistant City Attorney Tracy Terry, Deputy City Clerk Commissioner Comments: Ms. McGovern asked about possibly changing the meeting date from Tuesday to Wednesday. Ms. Johnson replied that it will require an ordinance and will be a process. Public Comments: None. Minutes: Mr. Gorman motioned to approve the minutes for September 17th, and the motion was seconded by Mr. Knight. Ms. McGovern asked for a roll call vote. Roll call vote: Mr. Tarver, yes; Ms. Pitt, yes; Mr. Gorman, yes; Mr. Knight, yes; Ms. Benedetti, yes; Ms. McGovern, yes; Motion passes 6-0. Disclosure of Conflicts of Interest: None Submission of Public Notice for Agenda Items: Ms. Johnson said that notice was provided on items that needed it. Public Hearings, Item 1: 950 Cemetery Lane – RDS Variation Applicant Presentation: Ryan Walterscheid and Forrest Lundgren with Forum Phi Forum Phi represents the family who purchased this half of a duplex. The family would like to convert the carport to a garage. He showed there is no room for a side loaded garage on the lot and there is not enough room for a 10-foot setback on a front-loaded garage. They are proposing building a garage in the same place as the existing carport. Board Questions: Mr. Gorman asked if the design standards shifted after the neighbors had their garage remodeled. Mr. Walterscheid replied he thinks it was about that time but is not sure if it was before or after. Mr. Gorman asked if the garage will mirror the adjacent garage. Mr. Walterscheid replied yes, it will keep the same roofline and mirror it. Mr. Gorman asked if other garages on Cemetery Lane are that close to the street. Mr. Walterscheid replied that this one is back 25 feet from the street. Mr. Tarver asked if it has to be paved or could it be gravel. They replied it is currently paved, and they would like to keep it that way. Ms. Pitt asked if the home and garage will be conjoined. Mr. Walterscheid replied no. REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION NOVEMBER 19, 2024 Staff Presentation: Jeff Barnhill, Senior Planner Mr. Barnhill went over the project and the residential design standards. Staff finds that the design does not meet the general intent of the residential design standards for garage placement, it neither provides an alternative design approach that meets the overall intent or is required for fairness due to site specific constraints. Staff found criteria not met and recommends denial of this project. Board Questions: Mr. Gorman asked if there is potential for a garage at all. Mr. Barnhill replied yes, if it sideloaded. Ms. Pitt asked how many feet the garage must be setback from the street. Mr. Barnhill replied 25 feet. Ms. Benedetti asked if the standard was for all of Aspen, not just this zone district. Mr. Barnhill replied yes. Mr. Tarver asked if the carport could be enlarged. Mr. Barnhill replied hypothetically. Ms. Benedetti asked if there is disagreement on whether there are site specific constraints. Mr. Barnhill replied that staff does not think that not being able to build a two-car garage is a site-specific constraint, whether it’s due to trees or turning radius. Public Comment: None. Board Discussion: Ms. Benedetti said she understands what staff is saying but is sympathetic to the applicant. Mr. Gorman said if this is denied because the standard was changed but the neighbor got to build a garage, it seems unfair. He said there will likely be a structure in front of the house whether that be garage doors or a blank wall. They discussed fairness and how that relates to this project. Motion: Mr. Tarver moved to deny resolution 11 series 2024 as written; Mr. Knight seconded. Ms. McGovern asked for a roll call vote. Roll call vote: Mr. Tarver, yes; Ms. Pitt, no; Mr. Gorman, no; Mr. Knight, yes; Ms. McGovern, yes; Ms. Benedetti, no. 3-3 no action. The applicant requested a continuance. Motion: Mr. Gorman moved to continue 950 Cemetery Lane-RDS variation to December 3rd; Ms. Benedetti seconded. Ms. McGovern asked for a roll call vote. Roll call vote: Mr. Tarver, yes; Ms. Pitt, yes; Mr. Gorman, yes; Mr. Knight, yes; Ms. McGovern, yes; Ms. Benedetti, yes. Motion passes 5-1. REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION NOVEMBER 19, 2024 Public Hearings, Item 2: 1280 Red Butte Drive, Special Review and Stream Margin Review Applicant Presentation: Craig Lawrence and Stephanie Richter with Rowland and Broughton Mr. Lawrence said there is a mechanism in the code that allows for adjustments to the top of slope elevations. The top of slope is important because it dictates where development can be done. The current plan has the entire building in the do not build zone. They are asking for a top of slope that is site specific to this property and the second request is a stream margin review. There are a few quality- of-life improvements that need done and one pad and deck in the proposed setback that they want to get rid of, returning the stream margin to vegetation. Board Questions: Mr. Gorman asked if the initial top of slope was not valid. Mr. Lawrence replied that how they created top of slope there was no concession made to existing development. A surveyor went to the site with engineering, and they determined a more appropriate top of slope that then dictates where they can build. Staff Presentation: Kyla Smits with Engineering Ms. Smits explained the Stream Margin portion of the code. Board Questions: Mr. Gorman asked how a 100-foot margin is decided on and Ms. Smits replied she is unsure, that was established in the 90’s and it is 100 feet horizontally regardless of the geometry of the site. Staff Presentation: Haley Hart, Long Range Planner Ms. Hart went over the project and review criteria. For the special review criteria, there are 2 things to look for; one is the survey and staff finds that met. The other is the stream margin and staff find all stream margin review standards met or met with conditions. Staff recommends approval of resolution 12-2024 Board Questions: Mr. Tarver asked what a spa is. Ms. Hart replied a hot tub. Public Comment: none Board Discussion: Mr. Knight said it seems pretty cut and dry, he would be for approval. Mr. Tarver said he is for it. Ms. Benedetti is for it. Mr. Gorman has no reservations. Ms. Pitt has no comment. REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION NOVEMBER 19, 2024 Ms. McGovern has no comment. Motion: Mr. Gorman moved to approve resolution 12 series 2024 as written: Ms. Benedetti seconded. Ms. McGovern asked for a roll call vote. Roll call vote: Mr. Tarver, yes; Ms. Pitt, yes; Mr. Gorman, yes; Mr. Knight, yes; Ms. McGovern, yes; Ms. Benedetti, yes. Motion passes. Other Business: Q3 Fee-in-Lieu Request, P&Z Recommendation to City Council Staff Presentation: Haley Hart, Long Range Planner Ms. Hart presented a quarterly request for fee in lieu request for 202 E Main St and 1445 Crystal Lake Dr. She went over the GMQS and the affordable housing chapters of the code. Staff finds all criteria has been met and recommends that P&Z recommend approval to City Council. Board Questions: Mr. Pitt asked if paying cash is the standard. Ms. Hart said it has not historically been, but there are not many credits on the market, so this is the other option. Board Discussion: Mr. Tarver has no concerns Mr. Knight has no concerns Motion: Mr. Gorman moved to approve resolution 13 series 2024 as written: Ms. Benedetti seconded. Ms. McGovern asked for a roll call vote. Roll call vote: Mr. Tarver, yes; Ms. Pitt, yes; Mr. Gorman, yes; Mr. Knight, yes; Ms. McGovern, yes; Ms. Benedetti, yes. Motion passes. Adjourn: Mr. Gorman motioned to adjourn; Mr. Knight seconded. All in favor. Tracy Terry, Deputy City Clerk