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HomeMy WebLinkAboutminutes.apz.20251029 SPECIAL MEETING ASPEN PLANNING & ZONING COMMISSION OCTOBER 29TH, 2025 Commissioners in attendance: Deana Juskys, Charlie Tarver, Maryann Pitt, Tom Gorman, Ken Canfield and Teraissa McGovern. Staff present: Daniel Folke, Planning Director Haley Hart, Planner II Jim True, Special Counsel Tracy Terry, Deputy City Clerk Commissioner Comments: Mr. Tarver said Gideon Kaufmann was a good man. Ms. Pitt asked if we had a date for a meeting with Council. Ms. Hart responded that she will send out a long-range calendar with all the things they are working on and from there they can decide what they want to talk about. Staff Comments: None. Public Comments: Patrick Rawley with Rawley design planning. He received an email from a spammer asking for a payment for planning. He caught the applicant before they paid it. It is an issue and maybe there can be a discussion about applicant information being redacted. Minutes: Ms. Pitt moved to approve the minutes for May 21st, 2025, and June 4th, 2025, and the motion was seconded by Mr. Gorman. Ms. McGovern asked for a roll call vote. Roll call vote: Ms. Juskys, yes; Mr. Tarver, yes; Ms. Pitt, yes; Mr. Gorman, yes; Mr. Canfield, yes; Ms. McGovern, yes. Motion passes. Disclosure of Conflicts of Interest: None Submission of Public Notice for Agenda Items: Notice was provided. Public Hearing: 844 Roaring Fork Road, Special Review and Hallam Lake Bluff Review Applicant Presentation: Patrick Rawley, Rawley Design Planning Mr. Rawley introduced himself, Mark Hardman of Eigelberger Architecture & Design, and Bart Johnson, Attorney for the applicant. He described the property, zoning, prior approvals, top of slope revision, and proposed changes. The project consists of removing the wing that encroaches into the ESA and expanding and creating a subgrade basement. They do not believe the special review process should apply as they are not proposing to replace any of the deconstructed portion that they would like to remove, the house was legally constructed and approved by the P&Z in 1995 regarding size and location, and they are voluntarily removing the encroachment. An approval of the special review would avoid the two hardships. Board Questions: Mr. Tarver asked if they are building a wall where they demolished a wall. Mr. Rawley said yes they must build a wall to close it off. SPECIAL MEETING ASPEN PLANNING & ZONING COMMISSION OCTOBER 29TH, 2025 Ms. Pitt asked if they are upgrading anything for energy efficiency. Mr. Rawley said the house will be brought up to code. Mr. Gorman asked about the new intrusion into the 45-degree view plane. Mr. Rawley explained that there are 2 dormers that are the only new construction and technically a new intrusion. Mr. Canfield continued questioning about the 45-degree view plane. Staff Presentation: Haley Hart, Planner II Ms. Hart went over the project and criteria as presented in the staff memo. Staff recognize that the project has a lot of positive outcomes and they have worked hard to bring it into compliance, however staff does not believe the criteria have been met for the hardship language and cannot grant the applicant approval, so it comes to P&Z to decide. Staff recommends denial of the project. Board Questions: The commissioners are asking questions about the code language and processes. Public Comment: Kathy Johnston is the neighbor to this house. She is glad that the house is not being torn down, but she is concerned about the location of the top of slope. Response to public comment: Ms. Hart said the top of slope was not changed, it was just incorrect on the survey and so it was corrected. Board Discussion: Mr. Canfield is inclined to agree with the city that the applicant has not met the criteria to pass the Hallam lake review. He would not approve the Hallam Lake review. Mr. Gorman said he can’t disagree with Mr. Canfield and would support his decision. Ms. Pitt doesn’t think there is a ton being shifted, she is in favor of the project overall. Ms. Juskys said she would be ok moving forward with it. Mr. Tarver said the new structure will be less impactful. Mrs. McGovern said she cannot see how this complies with the review criteria. Mr. Rawley asked if their concern is with the dormers. Mr. Canfield replied that everything that is part of the remodeled structure, whether old or new, constitutes “the development”. If there is a remodel, the code says it has to come into compliance. Bart Johnson, land use attorney, asked Mr. True if the Hallam bluff review should be viewed separate or in conjunction with the non-conforming status. Mr. True replied that it is distinct, not to be considered in conjunction with the non-conforming status. The applicants asked for a continuation. Motion: Ms. Pitt moved to continue to December 3rd, seconded by Mr. Canfield. SPECIAL MEETING ASPEN PLANNING & ZONING COMMISSION OCTOBER 29TH, 2025 Ms. McGovern asked for a roll call vote. Roll call vote: Mr. Tarver, yes; Ms. Juskys, yes; Ms. Pitt, yes; Mr. Gorman, yes; Mr. Canfield, yes; Ms. McGovern, yes. Motion passes. Adjourn: Ms. Pitt moved to adjourn; Ms. Juskys seconded. All in favor. Tracy Terry, Deputy City Clerk