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HomeMy WebLinkAboutminutes.apz.20250820 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION AUGUST 20TH, 2025 Commissioners in attendance: Richard Lai, Deana Juskys, Charlie Tarver, Maryann Pitt, Eric Knight, Tom Gorman and Ken Canfield. Staff present: Daniel Folke, Planning Director Haley Hart, Planner II Emmy Garrigus, Lodging & Commercial Core Program Manager Luisa Berne, Assistant City Attorney Tracy Terry, Deputy City Clerk Commissioner Comments: None. Staff Comments: None Public Comments: None. Minutes: Mr. Gorman motioned to approve the minutes from February 4th, 2025, and the motion was seconded by Ms. Pitt. Mr. Canfield asked for a roll call vote. Roll call vote: Mr. Tarver, abstained; Ms. Pitt, yes; Mr. Knight, yes; Mr. Gorman, yes; Mr. Canfield, yes. Motion passes. Minutes: Mr. Gorman motioned to approve the minutes from April 16th, 2025, and the motion was seconded by Ms. Pitt. Mr. Canfield asked for a roll call vote. Roll call vote: Mr. Tarver, abstained; Ms. Pitt, yes; Mr. Knight, yes; Mr. Gorman, yes; Mr. Canfield, yes. Motion passes. Disclosure of Conflicts of Interest: Ms. Juskys has a conflict with the 230 Lake Ave item and left the meeting at 4:37 PM. Submission of Public Notice for Agenda Items: Notice was provided. Public Hearing: 230 Lake Ave - Special Review, RDS, Amendment of an ESA Development Order Applicant Presentation: Sara Adams, Bendon Adams Sarah Adams with Bendon Adams introduced herself and Patrick Carpenter with Poss Architecture. She described the property, zoning, and what they are requesting. She went over the existing conditions and prior approval which included removing the split level and adding a second floor and a basement. They are proposing not to do the second story, reduce the size of the basement by 1000 Sq ft and remove some other areas. She also went over the setbacks and site plan. They have 3 goals, the first is to maintain or cure the non-conforming elements, the second is to have any new construction conform to the land use code, and the third is that the project is consistent with the neighborhood character. Board Questions: Mr. Tarver asked if there is currently approval through 2026. Ms. Adams replied yes, it is approved through 2026 and this would extend the vested rights for 3 years. REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION AUGUST 20TH, 2025 Ms. Pitt asked if there is a general contractor in place to start the project. Ms. Adams replied yes. Mr. Canfield asked if they have any questions about the conditions. Ms. Adams replied no. Staff Presentation: Haley Hart, Long Range Planner Ms. Hart went over the project and review criteria as noted in the staff memo. She went over the 2023 P&Z approvals and the proposed changes to those approvals, including reducing the basement, reducing overall floor area and keeping the split level. She went over the three requests in this project. First is the special review, it is non-conforming in 3 aspects: floor area, setbacks, and site coverage. Second is the ESA amendment; staff found the amendment of the ESA development order was appropriate to restate the vesting for Hallam Lake Bluff. Third are the variations to the residential design standards, articulation of building mass and entry connection. There are three options for the articulation of the building mass, since the footprint is to remain largely the same, it prohibits strict compliance with these options and despite that staff believes the proposed structure includes sufficient articulation when viewed from each side of the structure. Staff finds the front entry meets the intent of the standard. Staff recommends approval of the resolution. Board Questions: Mr. Gorman asked how the floor area is the same in the 2025 application as it was in the 2023 approval if there was some downsizing. Ms. Hart replied that the floor area is calculated with exemptions, gross floor area is not looked at, only what the technical floor area is and the applicant is maintaining the amount of calculated floor area. Mr. Canfield mentioned again that he does not believe that this needed special review. Public Comment: None Board Discussion: Ms. Pitt said she doesn’t know how to feel about the mass, she thinks it feels very large. Mr. Tarver said he feels the complete opposite of Maryann, they broke it up into three parts to keep it from being one giant mass. Mr. Lai likes the project. Mr. Knight doesn’t know how he feels about it. Mr. Canfield likes the project and thinks they are doing well with the constraints. Mr. Gorman agrees with Mr. Canfield. Ms. Berne noted to the commissioners that the 2023 approvals allow them to move forward with the bigger project without any other approvals. Motion: Mr. Gorman moved to approve resolution 8 series 2025 granting approval; Mr. Canfield seconded. Roll call vote: Mr. Lai, yes; Mr. Tarver, yes; Ms. Pitt, no; Mr. Knight, yes; Mr. Gorman, yes; Mr. Canfield, yes; Motion passes. REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION AUGUST 20TH, 2025 Other Business: STR Update Staff Presentation: Emmy Garrigus, Lodging & Commercial Core Program Manager Ms. Garrigus presented the background information about the short term rental regulations and the proposed changes as noted in the staff memo. Board Questions: Mr. Gorman asked how often can they find out what actual utilization is. Ms. Garrigus replied that they would be able to look at the tax filing frequency. They discussed more about the information collected by the City. Mr. Gorman asked if the rmf zone is the only zone in which the waitlist has grown. Ms. Garrigus replied no, there are 4 zone districts that have a waitlist that is greater than what the capped numbers are. They discussed other things such as transferring permits, taxes, conditions, and locals renting out their units. Board Discussion: Mr. Knight said he is against the whole program. Mr. Gorman said with regards to 1-6 he supports the process being streamlined. With respect to 7, they have some talking to do. Mr. Lai says he will approve. Ms. Juskys agrees to streamline 1-6 but thinks 7 is more complicated. She is interested in understanding the economic impact of expanding or limiting permits. Mr. Tarver said 1-3 and 5 are fine, against 4 and 6, and for 7 don’t make it worse. Mr. Canfield favors recommending approval in 1-6 and is reluctant to get into the issues that 7 creates. Motion: Mr. Gorman moved to approve resolution 9 series 2025 as amended, Mr. Lai seconded. Mr. Gorman withdrew his motion. Mr. Gorman then moved to approve resolution 9 series 2025 with the changes made and Mr. Lai seconded. Mr. Canfield asked for a roll call vote. Roll call vote: Mr. Lai, yes; Ms. Juskys, yes; Mr. Tarver, no; Ms. Pitt, no; Mr. Knight, no; Mr. Gorman, yes; Mr. Canfield, yes; Motion passes. Motion: Ms. Pitt motioned to extend meeting for 5 minutes to put the items for discussion at the next meeting. Mr. Knight seconded. Mr. Canfield asked for a roll call vote. Roll call vote: Mr. Lai, yes; Ms. Juskys, yes; Mr. Tarver, no; Ms. Pitt, yes; Mr. Knight, no; Mr. Gorman, no; Mr. Canfield, no; Motion denied. REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION AUGUST 20TH, 2025 Adjourn: Mr. Gorman motioned to adjourn; Mr. Knight seconded. All in favor. Tracy Terry, Deputy City Clerk