HomeMy WebLinkAboutminutes.boa.20250306REGULAR MEETING ASPEN BOARD OF ADJUSTMENT MARCH 6TH, 2025
Chairperson Sandler opened the meeting of the Aspen Board of Adjustment at 4:30 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:
Haley Hart, Long Range Planner
Kate Johnson, Assistant City Attorney
Mike Sear, Deputy City Clerk
Staff Comments:None
Commissioner comments: None
Minutes: Mr. Head motioned to approve the minutes from 1/11/24. Mr. Sandler 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 #01, Series of 2025 – 628 McSkimming Rd. - Request for
Setback Variance
Ms. Hart noted that she would be presenting the item on behalf of Mr. Jeff Barnhill who was the
Planner on this case and put the packet together. She turned it over to Mr. Chris Bendon for the
applicant presentation.
Applicant Presentation –Chris Bendon – Bendon Adams
Mr. Bendon introduced the owner of the property and began his presentation by describing the
site location and noted that many properties on McSkimming have been before BOA as they are
very difficult with steep slopes. He showed a site plan of the existing home and noted that it had
obtained a demolition permit about a year ago. He then showed a site plan of the proposed new
residence and noted that it complies with the 30-foot setback from the property line. He also
noted that the new driveway, while replicating the existing layout, does fall well below the 30”
rule for development within the setback area. He showed a 3D view and site plan of the proposed
cuts in the property to create the driveway and walls that will support the road above. He said the
main reason for the driveway design was to create ease of entry to the property for both the
residents and emergency services.
Mr. Bendon then turned it over to the owner. Mr. Bhalla thanked the BOA members and gave a
little history of his family’s time in Aspen. He mentioned that he and his family had meet with
several of the neighbors and referenced an email that the BOA members had received from one
of them.
Mr. Bendon then mentioned that they were comfortable with the resolution in front of the board
today.
Staff Presentation –Haley Hart – Long Range Planner
REGULAR MEETING ASPEN BOARD OF ADJUSTMENT MARCH 6TH, 2025
Ms. Hart began her presentation by going over some of the details of the R-15B zone district and
the BOA’s role in determining a setback variance. She reiterated the existing conditions, and that
the property received a 2022 demolition allotment. She noted that the new construction is what
will require the front yard setback variance and that the request was for a 1.5 foot setback from
the 30 foot setback per the zone district. She showed a survey that was included in the agenda
packet that highlighted the current setback area, and she noted that the setback variance would be
for the front retaining walls associated with the driveway redesign to improve the ingress and
egress of the property.
Ms. Hart moved on by going over the review criteria for granting a setback variance that staff
uses for their recommendation and what BOA should consider in their decision. She noted that
the application was referred to Engineering and the Parks Department. Engineering had a few
standard conditions included in the resolution and the Parks Department had no comments.
She finished by stating that staff is recommending approval of the land use review with the
conditions included in the resolution.
Public Comments: None
Board Discussion: Ms. Fedderson and Mr. Sandler both noted that they had been to the property
and felt the tight conditions and slopes were an issue. Mr. Head complimented Mr. Bendon for
the presentation and felt that with staff’s recommended approval and his belief that the
application met the review criteria, he was in support of the requested setback variance.
Motion:Mr. Sandler motioned to approve Resolution #1, Series of 2025, granting approval for a
front yard setback variance. 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.
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.
ADJOURN:Mr. Sandler motioned to adjourn the meeting. Ms. Feddersen seconded.
All in favor, motion passes.
_____________________
Mike Sear, Deputy Clerk