HomeMy WebLinkAboutminutes.boa.20240111
REGULAR MEETING ASPEN BOARD OF ADJUSTMENT JANUARY 11TH, 2024
Chairperson Sandler opened the meeting of the Aspen Board of Adjustment at 4:40 p.m.
Commissioners in attendance: Rick Head, Ashley Feddersen, Collin Frank and Andrew
Sandler.
Commissioners not in attendance: Jim Farrey and Tim Sack
Staff present:
Sophie Varga, Planner I
Bob Narracci, Zoning Administrator
Kate Johnson, Assistant City Attorney
Luisa Berne, Assistant City Attorney
Mike Sear, Deputy City Clerk
Staff Comments: None
Commissioner comments: None
Minutes: Mr. Sandler motioned to approve the minutes from 12/7/23. Ms. Feddersen seconded.
Roll call vote: Mr. Frank, yes; Mr. Head, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 4-0 vote,
motion passes.
Other Business: Election of Chair & Vice Chair:
Ms. Johnson went over the options the members had for electing the Chair and Vice Chair. Mr.
Head motioned to continue with Mr. Sandler as Chair and Ms. Feddersen as Vice Chair. Mr.
Frank seconded. Roll call vote: Mr. Frank, yes; Mr. Head, yes; Ms. Feddersen, yes; Mr. Sandler,
yes. 4-0 vote, motion passes.
Declaration of Conflicts of Interest: None
PUBLIC HEARING: Resolution #1, Series of 2024 - 16 Ajax Avenue - Request for Setback
Variance.
Applicant Presentation – Chris Bendon – Bendon Adams
Mr. Bendon introduced Brittney Shami and Thomas Means as the owners of the property. He
then noted the property was located in the Smuggler Run neighborhood and further detailed the
location with an overhead photo. He went over the history of the Smuggler Park subdivision and
again noted this property was in the smaller Smuggler Run portion that encompassed 17 category
4 units. He said that when the two subdivisions were originally created, they had five-foot
setbacks on all sides. In 1990 the City changed the setbacks in the Smuggler Park subdivision to
a zero foot on one side and a ten foot on the other side, which was how all the lots were actually
situated. Mr. Bendon was not sure why the Smuggler Run subdivision was not part of that
decision.
Mr. Bendon showed the existing conditions of the lots on the street and noted that they all had
units set at zero feet on one side and ten feet on the other. He highlighted the existing location of
the unit at 16 Ajax Ave. that was set at 6 inches off the property line on one side. He also noted
that there had been one other redevelopment in Smuggler Run with the same setbacks issues and
that they had applied for and were approved the same variance that was being requested today.
REGULAR MEETING ASPEN BOARD OF ADJUSTMENT JANUARY 11TH, 2024
Mr. Bendon noted that the plan is for a prefab house to replace the existing trailer, and it would
be set in the same location. He then went over the review criteria for this type of approval and
felt that this project and request were consistent with them.
Ms. Shami thanked the board for their time to review this and then went over her and Mr.
Means’ history with the property and how they landed on the prefab option to replace the
existing unit.
Mr. Head asked if the public noticing had been provided. Ms. Johnson noted that it had been
provided in accordance with the Code. Mr. Head also noted that he was on the APCHA board
when Ms. Shami acquired the property, and he attested to the poor conditions of the existing
structure on the lot.
Staff Presentation – Sophie Varga – Planner I
Ms. Varga began by going over some details of the property, its history and the setback variance
request, which would reduce the required five-foot side yard setback to six inches on the one
side. She showed a site plan that highlighted these dimensions. She then went over the review
criteria and noted that staff’s review findings are in exhibit B of the packet. She detailed these
findings and said that staff recommends that the BOA approve the variance request with the
conditions listed in the resolution.
PUBLIC COMMENTS: Mr. Barry Bromka introduced himself as the HOA president of
Smuggler Run and that he lived across the street from this property. He noted that he had spoken
to all the owners on the street, especially the two neighboring properties and no one had any
issues with this variance.
BOARD DISCUSSION: The board members did not have any questions and were ok with
staff’s request.
Mr. Bendon noted that they had reviewed the conditions in the draft resolution and were ok with
them.
MOTION: Mr. Sandler motioned to approve Resolution #1, Series of 2024. Ms. Feddersen
seconded. Roll call vote: Mr. Frank, yes; Mr. Head, 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. Frank, yes; Mr. Head, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 4-0; All in
favor, motion passes.
_____________________
Mike Sear, Deputy Clerk