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HomeMy WebLinkAboutminutes.council.19980810Aspen City Council Regular Meeting August 10, 1998 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Markalunas, Paulson, Vickery and Richards present. PROCLAMATION - John Denver Sanctuary The City is officially dedicating a 4.5 acre parcel of the Rio Grande Park, adjacent to the Roaring Fork River, as the “John Denver Sanctuary” in honor of John Denver and as a place for contemplation and renewal of one’s spirit in the heart of Aspen’s natural beauty. The area will be planted and dedicated Saturday, August 15, 1998. OUTSTNADING EMPLOYEE BONUS AWARDS Mayor Bennett, Council and City Manager Amy Margerum presented outstanding employee bonus awards to Kathy Strickland, City Clerk’s office, and a team award to the water department - Mark O’Meara, Ron Ferguson, Don Holbeck, Brian Slattery, and Lonnie Whitmire. CITIZEN PARTICIATION 1. Jim Ward said he is concerned about the $100,000 the city has authorized to RFTA to be used as “union busting”. Ward said he feels this is a conflict with the town’s values. Ward suggsted just allowing RFTA employees to vote and events to unfold. Mayor Bennett noted this money was voted on by 7 governmental entituite that make up the RFTA Board, not just the city of Aspen. Mayor Bennett said most of this money will be spent on training for administration and supervisors. RFTA Board felt this was a prudent expenditure of tax payer funds. 2. Richard Roth also objected to speding $100,000 in an attempt to defeat a local group hfrom having a free and honest union election. Roth said this is a local issues and there should not be people from LA coming in to evaluate employees and to affect an election outcome. 3. Augie Reno, representing the Rotary Club, thanked the city and staff for their cooration and assistance in putting on the Dubcky Derby. This is a community event with hours and hours of volunterr time going into the event. It is an event for the entire family. Councilman Paulson requested the Rotary Club look into corporations before they accept sponsorship for the Ducky Derby. 1 Aspen City Council Regular Meeting August 10, 1998 COUNCILMEMBER COMMENTS 1. Councilwoman Richards said the city closed on the purchase of the yellow brick school and the purchase of the Moore playing fields. This has been a long time coming and is a partnership of Open Space Board money, cooperation from the Pitkin County Commissioners and the school board and especially the Moors. Councilwoman Richards said the city now has a permanent day care facility in the ywlloe brick , there will be additional ball fields at the high school. This has been a major community partnership. 2. City Manager requested the Sistr CityFlag display be amended to state that they will find another location should the trolley plans come into being and the trolley runs through the Galena street mall. CONSENT CALENDAR Councilwoman Richards moved to amend the Sister City flag display resolution to state that the flag display will have to move to another location should the trolley plans come to fruition; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to amend the Request for Funds - Energy 2000 to provide funding from contingency for $2,000; $1,000 to Energy 2000 to support someone attending the Energy conference in Chamonix; and $1,000 to Sister Cities; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to adopt the consent calendar as amended ; seconded by Councilman Paulson. The consent calendar is: · AACP consultant Service Contract · Sister City Flag Display · Request for Funds - Energy 2000 and Sister Cities All in favor, motion carried. 2 Aspen City Council Regular Meeting August 10, 1998 ORDINANCE #20, SERIES OF 1998 - Historic Designation/Lot Split - 930 King Street Julie Ann Woods, community development department, reminded Council this is a historic landmark request for “No Problem Joe’s” house on King street with 2 outbuildings. The request is also for a lot split to divide this lot into a parcel of 5282 square feet with an allowable FAR of 1561 for the historic house and addition and a parcel of 8060 square feet with an FAR of 2795 square feet. Ms. Woods told Council staff is recommending approval of the historic landmakr requesting finding that 3 out of 5 of the standards have benn met. Staff is also recommending approval of the lot split finding that the opportunity to split the FAR of over 4,000 square feet, into 2 smaller houses makes more sense. Augie Reno, representing the applicant, said they have been working with the city on this project for over 12 months. Reno said there have been 3 work sessions and 1 official meeting with HPC, including one meeting on-site. The applicants have also met with P & Z and wiuth adjacent property owners. Reno said the lot split is appropriate to break the mass into 2 structures. Councilwoman Richards asked how much of the FAR is bonus. Ms. Woods said a historic bonus was granted at conceptual by HPC. If the applicants get final approval at HPC, the FAR will be part of the 1561 square feet. Mayor Bennett opened the public hearing. Charle Maple, adjacent property owner, stated he has objected to this project since the beginning. Maple said the proposed driveway at the crest of Neale Avenue is a dangerous idea. The driveway will be located directly beneath Maple’s bedroom. Julie Maple noted that people rarely drive the speed limit going up Neale Avenue. Mike Maple said granting the FAR bonus by HPC is a bone of contention with the adjacent neighbors. Mike Maple said the FAR bonus was granted subject to other criteria being met and one of those was overall design of the project. These concerns were the driveway and architecture of the project in general. Mike Maple said HPC has not yet given fianl approval and the FAR bonus is not finally granted. M Maple said even without an FAR bonus, with two separate structures, there is an FAR bonus because of the additional garage. Mike Maple said breaking up the 3 Aspen City Council Regular Meeting August 10, 1998 mass is not a bad idea; the points of contention are the additional garage and an FAR bonus over that garage. Mike Maple pointed out Neale avenue is the main pedestrian link from a very dense area to downtown. Jim Mickey, 931 Gibson and adjacent property owner, said he is against the proposed mass and density of this project. Council should lower the height and reduce the size of structures being built. Stan Clauson, community dwevelopment director, told Council the FAR bonus was granted in order to save the outbuildings. Clauson said one of the reason the HPC can give a bonus is that there is historic resource to be saved and it is an incentive to do that. Reno agreed it is better for the development and for this neighborhood to have two smaller structures rather than one 4400 square foot structure. Reno said this process is supposed to be saving an historic structure. Reno said this project complies with the same safety standards as every other project in the city. Reno said twi driveways side by side pushes the building out further and puts more pavement on the project. Two separate driveways, one off Neale and one off King street, give each structure a separate identity. Reno told Council the first building was 35 feet; the new proposed design is 30 feet, lowered 5 feet. The plate heights have been lowered. The only variances requested arae the side and front yuard setbacks on the historic house. HPC gave direction to move the historic house very little so it will be visible on the site. Councilwoman Richards said she agrees with lower the FAR in the city; however, this project has been in the process for over a year and any FAR change would not apply to it. Councilwoman Richards said she would also like to look at the lot split regulations; if there is a lot split, the FAR may be lowered or creating large backs on historic houses is not allowed. Councilwoman Richards said she would choose safety over design amd os concerned over pedestrian movements in this area. Councilwoman Richards said she would rather have the driveways off King than off Neale. Mayor Bennett brought up changing the realtionship of the historic house and the new house on the site. Reno told Council originally the applicants proposed to move the house 25 feet to tne north to comply with the setbacks. The HPC strongly disfavored moving the historic house. Reno said moving the historic house to the west on the property would diminish it’s hostoric value. Also it is framed by 2 large cottonwoods. It was discussed moving the house to the east to give more space in 4 Aspen City Council Regular Meeting August 10, 1998 between the two structures. Heidi Friedland, HPC, told Council there were several differing opinions on HPC about the project and how to site it. HPC feels that historic structures should not be moved. The HPC agreed they want to see the property historically designated and also would rather see two structures than one large mass. Mayor Bennett asked if the city has to accept the accessory dwelling unit as proposed. John Worcester, city attorney, said Council does not have to accept it as under exemption from subdivision, Council may approve, deny or approve with conditions. Worcester said typically ADUs go through conditional use review at P & Z; however, Council is being asked to approve this as part of an entire project. Mayor Bennett said he likes breaking the mass into 2 smaller houses. Mayor Bennett said there is a petition signed by 88 neighbors asking that the driveway not be allowed on Neale avenue. Mayor Bennett said he has reservations about the ADU and whether it will be use for purposes which the code intends. Councilman Markalunas said he wuld like to see these two houses share a driveway coming off of King street. Councilman Vickery said he feels this structure only marginally meets the historic landmakring criteria. Councilman Vickery said nothing should be done to the structure to detract from this because it is marginally historic. Councilman Vickery said he is comfortable with the site plan and with the historic house being on the east of the site and closer to the street. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance 20 with the additional condition that the driveway for the new residence be off King street, mitigation for the subdivision exemption be an above ground ADU or payment in lieu; that HPC give reconsideration to the possibility of allowing the historic structure to be moved to Neale street, to try and maintain the 25 foot setback on the west side of the property; seconded by Councilman Paulson. Councilwoman Richards said she does not want to see the building moved just because there is a shared driveway. Reno said the design issues are HPC issues. Reno said they worked with the neighbors in order to get the best solution for everyone. Reno pointed out this project has had extensive discussions with HPC. Councilwoman Richards said this would give HPC a chance to look at which structures are best located where. Councilwoman Richards suggested meeting with HPC so that Council can get their thoughts across. Reno said Council is asking 5 Aspen City Council Regular Meeting August 10, 1998 HPC to reconsider what they have already voted on. Reno said the applicants may want to keep open the option of building a single family structure on this site. Councilman Vickery said the historic lot split is a good idea and projects like this have to have higher standard because of the benefit obtained to the owner. Councilman Vickery said an ideal situation for this parcel is 3 small structures. Councilman Vickery supports leaving the historic house where it is on the site. Councilman Paulson said he would prefer to have the little historic house on the corner. Reno requested Council continue this in order to discuss the 25 foot setback condition with his client as it is a major design issue. Councilwoman Richards withdrew her motion. Councilwoman Richards moved to adopt Ordinance #20, Series of 1998 , with the conditions that the dirveway to the new resdience feed in off King street, that it continue to respect the 25 foot setback as shown from the westerly side and that the mitigation for subdivision exemption be accomplished through and ADU above grade or payment in lieu; seconded by Councilman Markalunas. Councilman Vickery said this application has to go back to HPC and he would encourage HPC to require the historical house be elevated by 2 feet, eliminate the variance, reduce the height of the new structure. Reno said the applicants are willing to look at this one more time; however, they have looked at many of these design issues. Reno said he will keep the option of a single family house open. Councilwoman Richards said all this may force the applicants into one large home, which meets no one’s goals. Councilwoman Richards urged Council to vote against this motion to see if there is a better solution Roll call vote; Councilmembers Markalunas, no; Paulson, no; Vickery, no; Richards, no; Mayor Bennett, no. Motion NOT carried. Councilwoman Ricahrds moved to adopt Ordinance #20, Series of 1998, with the condition the driveway to the new residence feed in off King street and that the mitigation for subdivision exemption be either above grade ADU or payment in lieu; seconded by Councilman Markalunas. 6 Aspen City Council Regular Meeting August 10, 1998 Councilwoman Richards amended her motion to include the condition that the applicant abide by the 25 foot setback off the westersly side of the property; seconded by Councilman Markalunas. Reno requested this be tabled at the 25 foot setback is a major issue in putting the driveway in the middle. Councilwoman Richards withdrew her motion as requested by the applicant ; seconded by Councilman Markalunas. All in favor, motion carried. Councilwoman Richards moved to continue Ordinance #20, Series of 1998 ; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #24, SERIES OF 1998 – Snyder Park conceptual & Final PUD; GMQS Exemption Chris Bendon, community development department, showed Council the site and said this property is currently in the county. The proposal is to subdivide this 3.3 acres parcel into a 1 acre parcel for affordable housing and a 2 plus acre parcel for park. There will be 15 units ; 9 one bedroom and 6 three bedroom units. The units will be a mix of category 3 and 4. Bendon noted in the courtyard area there is an exceptional view of Aspen moutnain. Some Councilmembers had asked if the building could be reconfigured so the view from the rear is not so compromised. The applicant does have some design suggestions. Bendon told Council P & Z recommended denial 3 to 1 with concerns about having to carry things from the car park to where the units is locayted; the consition of arriving where the cars live, and concerns about the view toward Aspen mountain. Dave Tolen, housing office, showed the design history of this project starting with 24 units in a duplex configuration covering the entire site except for the wetlands. Council and staff did a site visit and decided the west and south portions of the site should be parks and green land. Tolen said in June 1994 staff began working with the neighborhood on design that would be acceptable. It was felt that 15 units would be an appropriate number for this site and keep a usable park site. The scheme best liked by the neighbors and staff has less pavement than previous ones and focuses the units internally. Tolen said the area to be park was chosen because of large stands of trees, wetlands and the area in the back had already been developed. The entry pavement has been minimized. The housing is clustered. The 7 Aspen City Council Regular Meeting August 10, 1998 parking is under some units and also in carports. There is a trail connection to highway 82 up through Alpine cottages 8