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HomeMy WebLinkAboutminutes.council.19980813Continued Meeting Aspen City Council August 13, 1998 Mayor Bennett called the continued meeting to order at 4:05 p.m. with Councilmembers Vickery, Markalunas and Richards present. ORDINANCE #29, SERIES OF 1998 - Historic Lot Split Brumder 214 East Bleeker Mitch Haas, community development department, told Council this property received HPC approval for a lot split in July 1996; however, the plat was never recorded and the approvals have expired. This is identical to the original approval and was reviewed and approved by HPC in May 1998. The property is 11,963 square feet, The request is to split it two parcels; one of 5,963 square feet with the existing historic house, and 6,000 square feet. The allowable FAR for a duplex will be split between the two; 1913 on the lot with the historic house plus a potential 500 square foot bonus and 2344 square feet on the other lot. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Vickery moved to adopt Ordinance #29, Series of 1998, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Vickery, yes; Richards, yes; Markalunas, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #28, SERIES OF 1998 - Historic Designation 950 Matchless Drive Mitch Haas, community development department, told Council this site has two structures; a 963 square foot historic miner’s cottage of the 1880’s and a non- historic detached garage of 610 square feet. This garage will have an ADU built on it. This was reviewed and approved by P & Z in April. HPC unanimously recommended approval of the landmark designation. Haas said this complies with 3 of the 5 standards for historic designation. This structure is in an area of 6 structures all moved to the site; 3 of these are in the inventory. This is a voluntary request for historic designation. The applicant is requesting a $2000 historic grant and a park fee waiver. Haas said the park fee waiver is justified because of the voluntary historic designation and it only applies to the bedroom in the ADU, which is a deed restricted affordable unit. Haas told Council the ADU is not mitigation for any development. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. 1 Continued Meeting Aspen City Council August 13, 1998 Councilwoman Richards moved to adopt Ordinance #28, Series of 1998, on second reading, granting a $2000 historic landmark grant and waiving the park dedication fee; seconded by Councilman Markalunas. Councilwoman Richards said in general the city does not waive park dedication fees, even for affordable housing project; however, this is a request in conjunction with voluntary landmark designation as well as provision of an ADU. Roll call vote; Councilmembers Richards, yes; Markalunas, yes; Vickery, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #30, SERIES OF 1998 - 1035 E. Durant PUD, Appeal of Housing Replacement Program Mitch Haas, community development department, showed Council the existing site and how the proposal would result in 3 buildings on site. One building will be demolished and replaced with 4 free market townhouses. One building will be demolished and not replaced. Haas reminded Council one of the main issues on this project is the housing replacement. In 1996, it was determined that adding 2 additional bedrooms to the apartment building would satisfy the housing replacement requirement. The resolution before Council in 1996 would allow variances in open space and parking. Haas said the variances requested are open space, which was part of Resolution #76, 1996. Haas said a lot of the area in this plan that appears as “open” does not meet the city’s definition of open space. The applicant is requesting a variation from 35 to 30 percent open space. There is also a request for a front yard setback only for lot 1 and the single family building. The building stairway encroaches into the right-of-way; the stairs will be removed and the property pushed back to within 2 feet of the property line. Haas said the applicants had requested a variation in the off street parking requirements. Haas noted the application demonstrates an ability to meet the parking requirement and staff does not recommend granting this variance. Haas told Council staff feels the school dedication fee does apply; it states all new subdivision that include residential units shall be subject to this dedication. The applicants argue this will be a decrease of units and they should not have to pay a fee. Haas said this project previously was all one bedroom units; this development is many 3 bedroom units and could have school age children. Also, this development has never been subject to any school development fees. 2 Continued Meeting Aspen City Council August 13, 1998 Haas said staff and the applicant did not agree on the unit mix and size of the units. The RO units do not meet the minimum size requirements; they are 576 square feet. The minimum net livable for a category 4 is 850 square feet. The housing board feels there is not a need for RO units as the inventory is not short in this category. Haas said the proposal for 2 RO units out of 12 is within the requirement that 20 percent may be RO units. Haas said the applicants have agreed to leave the units at 576 square feet each and deed restrict them to category 2 or 3 and the rental or sales costs be set at the one bedroom level for category 2 or 3. These will be low cost, small units. The applicants have requested that one of these units be set aside for an on site manager. Councilwoman Richards said at the last meeting, Council was comfortable with open space variance, the setback variance, not supportive of the off street parking variation nor waiving the school dedication fee requirement. The applicant and staff have worked out a compromise on the unit mix. Gideon Kaufman, representing the applicant, said the applicant wants both units to be category 3, low end. There will be no RO units. Glenn Horn told Council they will comply with staff requirements regarding the amount of parking and the school dedication fees. There are no outstanding issues. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Kaufman told Council when they originally discussed this project with the city, Council required 2 more bedrooms. Council agreed for these 2 bedrooms, there could be a variance in open space. Horn requested a clarifications on the residential design standards that would apply to the single family house. Haas said the existing standards will apply. Worcester amended the ordinance to state “of the submittal will apply”. Horn said the stone wall on lot 2 does go across the applicant’s property and on to the neighbor’s property. Horn said they will work with the neighbors but cannot be obligated to fix that part of the wall. Horn said the fisherman’s easement should be clarified to read “along the river”. Horn said the would like added that any utility work “attributable to this development” shall be born by the applicant. Horn said #11 in Section 2 has to do with the sidewalk in front of the single family house on lot 1, where it is only 2 feet from the property line. It is impossible to get the sidewalk 5 feet from the property line. Council agreed “except in front of the building on lot 1” can be inserted in that section. The 3 Continued Meeting Aspen City Council August 13, 1998 housing will be 7 category 2 studio units, 3 category 1 studio units, 2 category 3 two-bedroom units with price guidelines for 1 bedroom and one of these units may be rented to the manager up to category 3 income; the units at 576 square feet will be acceptable in size. Councilman Vickery moved to adopt Ordinance #30, Series of 1998, with the following amendments (1) Section 1 paragraph 9, “of the submittal shall apply” is deleted and “of enactment of this ordinance is inserted; (2) Section 1 paragraph 12, “of lot 2” are inserted after right-of-way; (3) Section 2, paragraph 2 after fisherman’s easement “along the river” is inserted; (4) paragraph 6 section 2 after attributable to “this development” is inserted; (5) section 2 paragraph 11 “except in front of building 1 lot 1” is inserted; (6) Section 3, “Pursuant to Section 20- 08.020(c) and 20.08.030 of the Aspen Municipal Code, a certificate of compliance with the resident multi-family housing replacement program shall be issued on the condition that 7 category 2 studios, 3 category 1 studios, 2 category 3 two bedrooms units with a price guideline for one bedrooms and one of these may be rented/sold to a manager; seconded by Councilwoman Richards. Roll call vote; Councilmembers Markalunas, yes; Vickery, yes; Richards, yes; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to adjourn at 5:05 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Kathryn S. Koch, City Clerk 4 Continued Meeting Aspen City Council August 13, 1998 ORDINANCE #29, SERIES OF 1998 - Historic Lot Split Brumder 214 East Bleeker ................................ ................................ ................................ .................... 1 ORDINANCE #28, SERIES OF 1998 - Historic Designation 950 Matchless Drive . 1 ORDINANCE #30, SERIES OF 1998 - 1035 E. Durant PUD, Appeal of Housing Replacement Program ................................ ................................ ............................. 2 5