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HomeMy WebLinkAboutminutes.apz.19981020ASPEN PLANNING & ZONING COMMISSION OCTOBER 20, 1998 Jasmine Tygre, Vice-Chairwoman, opened the regular Aspen Planning & Zoning meeting at 4:30 p.m. Commissioners Steve Buettow, Ron Erickson, Roger Hunt, Jasmine Tygre and Tim Semrau were present. Bob Blaich, Sara Garton and Tim Mooney were excused. City Staff in attendance were: Chris Bendon and Julie Ann Woods, Community Development, and Jackie Lothian, Deputy City Clerk. COMMISSIONER, STAFF AND PUBLIC COMMENTS Roger Hunt commented the county ballot issue regarding conflict of interest was extremely defective. Julie Ann Woods distributed a follow-up memo regarding requests from P&Z. She stated it helped track areas of concern. She asked for attendance to meet with city council for the annual lunch on 11/06/98 at noon. MINUTES MOTION: Roger Hunt moved to adopt the minutes of 15 September 1998. Tim Semrau second. APPROVED 5-0. DISCLOSURE OF CONFLICTS OF INTEREST Julie Ann Woods distributed a hand-out regarding conflicts of interest prepared by David Hoefer. Tim Semrau stated a conflict of interest with the Maxwell Aley item; he spoke to the owner about possible purchase. PUBLIC HEARING: CODE AMENDMENT, SECTION 26.28.320 - LP Zone Special Review Chris Bendon stated this needed to be re-noticed at a later date. No public comments. MOTION: Roger Hunt moved to continue the LP Code Amendments Special Review, Section 26.28.320, for the purposes of re-noticing. Ron Erickson second. APPROVED 5-0. PUBLIC HEARING: 1 ASPEN PLANNING & ZONING COMMISSION OCTOBER 20, 1998 SMUGGLER HUNTER TRUST (Aley properS, ) 2 WILLIAMS WAY) SUBDIVISION & REZONING Proof of notice was received by the Deputy City Clerk, Jackie Lothian. Steve Buettow disclosed that he was a Hunter Creek Commons Corporation Board Member and discussed a land purchase with Mr. Aley. The City Attorney, John Worcester, ruled there was a conflict. Steve Buettow and Tim Semrau were recused. MOTION: Roger Hunt moved to continue the Smuggler Hunter Trust Subdivision and Rezoning public hearing to November 03, 1998 due to lack of quorum. Ron Erickson second. APPROVED 3-0. NEW BUSINESS: MARCUS STREAM MARGIN REVIEW, 610 RIVERSIDE AVENUE Chris Bendon, staff, stated the applicant was Jeffrey Marcus; his existing house was too close to the river for the current stream margin guidelines. He explained the development had to be 15' on the non-riverside from the top of slope. He said the improvements were a small fence, series of steps at the break in topography, with an expanded deck and some added seating around the hot tub in the no development area. Staff did not feel this qualified as essential development; these were not life safety issues. Bendon stated that a hand rail could make the area safer but extending the deck was not necessary. He said there was a trail easement which needed to be cleaned up. Bob Mehall, architect, questioned what the neighboring homes had gone through for stream margin review to build closer to the river than the proposal for the Marcus residence. He stated the deck was needed. Bendon stated it was one of those properties created the need for Stream Margin Review. Roger Hunt asked what the character of the slope was in this area. Mehall stated there were a few trees and scrub oak; the packet included GIS of the area down to the river. Ron Erickson asked about the trail or fisherman's easement. Mehall said there was a recorded platted trail easement but it was difficult to read. Mehall asked what other properties were asked to do on trail easements. Bendon said the fact there was a missing link in the trail system did not mean that this property would not be required to provide a trail easement. Hunt commented the AACP was specific on continuing the Greenway Plan, this was part of that connection. 2 ASPEN PLANNING & ZONING COMMISSION OCTOBER 20, 1998 Tim Semrau asked how much seating was currently around the hot tub and how many more would the expansion add. Mehall replied 3 now and maybe 2 or 3 more. Semrau asked if this was a safety issue or just to add more seating. Mehall stated the boulders were sloughing off and the plan was to sink a few more piers outside the deck not to disturb those boulders. He said they did not want to build a wall. Mehall provided photos of the area but not up from the river. Erickson stated the criteria was straight forward and if the applicant thought the hill was crumbling, then he should come back with a better solution now instead of coming back in 1-2 years. Steve Buettow said if the applicant was going to build the new deck independent of the 2 rock that were slipping away, it would seem that he would return in a few years to rectify the damage caused by the rocks and the existing stone deck from sliding down the hill. Semrau asked if an engineer reviewed this with a written analysis. Mehall answered an engineer recommended taking out the smaller boulders and rebuild a wall to shore the whole thing up. Semrau said before granting this, he would request a written engineering report. Tygre agreed with Semrau; that there were probably other solutions than what was proposed. She stated that Stream Margin was a very serious review. Hunt agreed and questioned the need for the fence. Mehall said it was for privacy. MOTION: Ron Erickson moved to approve the Stream Margin Review and Special Review for the Marcus Residence, 610 Riverside Avenue, as adopted in P&Z Resolution/498-33 with the following conditions: 1. The proposed development for the deck expansion, deck seating, timber steps, and fence as represented in the application was not approved. The construction of railings between the two rocks bordering the hot tub patio was approved. 2. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. 3. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Steve Buettow second. APPROVED 5-0. 240 LAKE AVENUE, HALLAM LAKE BLUFF ESA ASPEN PLANNING & ZONING COMMISSION OCTOBER 20, 1998 Julie Ann Woods, staff, stated the Greenberg's recently landmarked their property, a Herbert Bayer House, and will be represented by Jennifer Cohen, architect. She said HPC approved a minor re-development of the house. Woods said the applicant proposed a planter at the base of the patio (a safe landing area) because there was a steep drop off at the edge of the existing patio. The site section and drawings illustrated the low planter with a dry laid stone wall (3 ~' wide) which would not require a footer (a concern of ACES). Woods noted all construction will be done manually (by hand) with no heavy equipment on site. Steve Buettow asked why the wall couldn't be 2~' instead with bushes as a guard rail. Cohen stated the client requested this 3~' or outside the 16' bench. Woods stated the height would affect the view of Hallam Lake. Ron Erickson asked for ACES comments. Woods replied that Tom Cardamone was hesitant to support the idea of a wall with a footer; the applicant pushed back the top of slope with dry laid to avoid footers. She said there were no comments from ACES after the drawings were presented to them. Tim Semrau asked why the stone wall was needed when bushes would work. Cohen responded the client felt with the 2' drop off, someone might fall and would keep tumbling. She said if it were closer, someone would not fall as far and there wouldn't be as much momentum to slip away. Jasmine Tygre stated the safest thing would be to move the patio back a few feet. She said that after just falling over a low brick planter; she doesn't find this a safe solution. Semrau said if there was a concrete wall at the edge of the deck, a safe solution would be to bolt a railing to the wall and plant bushes to hide it. Cohen stated they wanted to combine the issues, keeping it and making it look natural from the slope side and still accomplish what they would like to do. Roger Hunt did not like the planter for all the same reasons; he suggested a seating type bench (fairly transparent) along the edge below the top of slope. He said it would serve as more of a barrier for people not to walk off the edge of the patio. Cohen asked if that would allow them to go out the 16' then. Hunt replied it would be right where the fence was shown. Cohen replied they would rather re-plant what was there, not to block the view of Hallam Lake. Erickson said what was below was about 1' high at the 45° and it was shrub. Woods said that was how they got to the planter solution, so the top of slope wouldn't be undermined without a footer. Tygre said this was just creeping into the top of slope more and more. 4 ASPEN PLANNING & ZONING COMMISSION OCTOBER 20, 1998 MOTION: Ron Erickson moved to approve the Hallam Lake Bluff ESA for 240 Lake Avenue with the conditions stipulated in the Planning and Zoning Commission Resolution/498-32 dated October 20, 1998. Tim Semrau second. Roll call vote: Buettow, no; Semrau, yes; Hunt, no; Erickson, yes; Tygre, no. DENIED 3-2. MOTION: Ron Erickson moved to recommend the Hallam Lake Bluff ESA for 240 Lake Avenue be re-planted with native and compatable vegetation to be agreed upon by staff and ACES. Tim Semrau second. Roll call vote: Buettow, yes; Hunt, yes; Erickson, yes; Semrau, yes; Tygre, yes. APPROVED 5-0. Meeting adjourned into work sessions on the LP Zone Changes related to small lodges and the 7th and Main Affordable Housing. Jackie Lothian, Deputy City Clerk ASPEN PLANNING & ZONING COMMISSION OCTOBER 20, 1998 COMMISSIONER, STAFF AND PUBLIC COMMENTS ................................................................................ 1 MINUTES ............................................................................................................................................................. 1 DISCLOSURE OF CONFLICTS OF INTEREST .............................................................................................. 1 CODE AMENDMENT, SECTION 26.28.320 - LP ZONE SPECIAL REVIEW ............................................... 1 SMUGGLER HUNTER TRUST (ALEY PROPERTY - 2 WILLIAMS WAY) SUBDIVISION & REZONING .......................................................................................................................................................... 2 MARCUS STREAM MARGIN REVIEW, 610 RIVERSIDE AVENUE ............................................................ 2 240 LAKE AVENUE, HALLAM LAKE BLUFF ESA ....................................................................................... 3