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REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION DECEMBER 3, 2024
Commissioners in attendance: Charlie Tarver, Maryann Pitt, Tom Gorman, Ken Canfield, Marcus Blue,
and Christine Benedetti.
Staff present:
Ben Anderson, Com Dev Director
Jeffrey Barnhill, Senior Planner
Kate Johnson, Assistant City Attorney
Tracy Terry, Deputy City Clerk
Commissioner Comments:
Public Comments: None.
Minutes: Ms. Pitt motioned to approve the minutes for October 1st, 2024, and the motion was
seconded by Mr. Gorman. Ms. Benedetti asked for a roll call vote.
Roll call vote: Mr. Tarver, yes; Ms. Pitt, yes; Mr. Gorman, yes; Mr. Canfield, yes; Mr. Blue, yes; Ms.
Benedetti, abstained. Motion passes 5-0.
Disclosure of Conflicts of Interest: None
Submission of Public Notice for Agenda Items: Ms. Johnson said that notice was provided.
Public Hearings: 950 Cemetery Lane – RDS Variation – continuation
Ms. Benedetti asked if everyone that was not at the last meeting had listened to the audio from that
meeting, they replied yes.
Applicant Presentation: Ryan Walterscheid and Forrest Lundgren with Forum Phi
Mr. Walterscheid went over the RDS standards and why we have them. He spoke about the hardships
and site constraints keeping them from doing a setback or side loaded garage. He said this
neighborhood has over 100 front facing garages, so this is not uncommon. He said it is very difficult, if
not impossible, to do a side loaded garage in this space.
Board Questions:
Mr. Tarver asked which trees are 8 inches. Mr. Walterscheid replied the ones in the back.
Ms. Pitt asked if the driveway will be big enough to fit the truck if it is not in the garage. Mr.
Walterscheid replied yes.
Mr. Gorman asked what the size of the garage is as proposed in both configurations. Mr. Walterscheid
replied about 24x24, slightly under 500 square feet.
Mr. Gorman asked when the recent variation was granted for a similar situation. Mr. Walterscheid
replied 2018.
Staff Comments: Jeff Barnhill, Senior Planner
Mr. Barnhill briefly went over the project and the Residential Design Standards again. Staff recommends
denial of the project.
REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION DECEMBER 3, 2024
Board Questions:
Mr. Canfield asks if there is a way to build a garage on this property without tearing down the house.
Mr. Barnhill said possibly but it may not be what they want.
Mr. Canfield asked if the phrase site specific constraints defined anywhere in the land use code. Mr.
Barnhill replied he does not believe so. Mr. Canfield asked what the basis for staff’s view is that this
phrase only relates to natural constraints. Mr. Barnhill replied that everybody in the city must deal with
engineering standards, all lots have trees. Some lots have buildings built beyond setbacks; those don’t
make them unusual site constraints; it is just something they have to deal with in staff’s opinion.
Mr. Gorman asked if staff knows why most people chose the front loading garages. Mr. Barnhill said he
hasn’t looked at the applicants’ map but most likely they either haven’t been redeveloped or are outside
the 10-foot setback.
Public Comment:
Sue Griffith, 943 Cemetery Lane. She lives across the street from this property. She asked the city about
a new garage, and they told her she had a 25-foot setback, and she couldn’t go through variance. She
said having a garage to protect you from the cemetery lane traffic is a good thing and it would be better
to look at than a parking area. She asked that they approve this project.
Board Discussion:
Mr. Canfield said this is not a difficult question. It seems it is clearly fair to allow this garage to be built
and would be unfair to not allow them as they would have to tear down the house to build a garage. Is
the unfairness related to site specific constraints. There are all kinds of site-specific constraints,
including there is an existing house that constrains their ability to meet the standards. He thinks they
should approve it.
Mr. Blue agrees with Mr. Canfield
Motion:
Mr. Blue moved to approve resolution 11 series 2024 as written: Mr. Gorman seconded.
Roll call vote: Mr. Tarver, no; Ms. Pitt, yes; Mr. Blue, yes; Mr. Gorman, yes; Mr. Canfield, yes; Ms.
Benedetti, yes. Motion passes 5-1
Adjourn:
Mr. Benedetti motioned to adjourn; Mr. Canfield seconded. All in favor.
Tracy Terry, Deputy City Clerk