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HomeMy WebLinkAboutmintues.boa.19960403BOARD OF ADJUSTMENT APRIL 3, 1996 Chairman Charles Paterson called the meeting to order at 4:04 p.m. with members Howard DeLuca, Rick Head, Jim Iglehart and David Schott present. Ron Erickson was excused. David Hoefer, Assistant City Attorney passed out the Board of Adjustment manual and discussed it’s purpose. Peterson Variance 0222 Roaring Fork Drive STAFF COMMENTS Bill Drueding, Staff requested that the Board review a request by Brooke A. Peterson for an extension of his 8’ variance from the front lot line set back. COMMISSIONER COMMENTS Paterson read the letter from Mr. Peterson into the record. DeLuca stated that he would like to see the drawings. Brooke Peterson, applicant stated that the design in the original approval has not changed. MOTION: Head moved to approve the extension of one year for an 8’ variance from the front lot line setback for Brooke Peterson at 0222 Roaring Fork Drive, Aspen, CO. with the condition that the drawings are in compliance with the original approval. Seconded by Schott. All in favor, motion carries. Case # 96-01 717 W. Francis Street Paterson opened the public hearing. PUBLIC COMMENTS Ted Guy, public, representing the applicant Dennis Ratner. Guy stated that this is a nonconforming pre-existing duplex and they want to transfer a small section of 1 BOARD OF ADJUSTMENT APRIL 3, 1996 the structure, on the Northwest corner, from Mike Flynn to Dennis Ratner. Guy said that this structure does not comply with the set back changes that have occurred since the building was originally built. Due to the hardship of the pre-existing use, Guy said they are applying for a variance to build a dormer on the piece of the structure being transferred to Ratner. The dormer will bring in South light and ventilation. Head asked what the lot size is. Guy responded it is just under 9000 sq.ft. Drueding stated that the lot is condiminumized duplex. Guy stated that for Mike Flynn to remain in the community he has sold portions of his property to the adjoining duplex owner Dennis Ratner, to reduce his mortgage. Paterson responded that the Board can not grant a variance because of economic hardships. Head asked what is the existing sq.ft. of the developed property in relation to the lot. Guy stated that if memory serves him, they are close to the maximum. Head stated that He and the Board are having difficulty seeing the practical difficulty or hardship that has not been created by the applicant requesting this variance. Head also stated that the memo from Staff is not in favor of approval. Paterson said that when the older building existed, there were two school teachers that asked City Council for more sq.ft., Flynn had to be one of them. Guy stated that could be, however he does not know. Head said that the Board had very strict guidelines as to what can be considered in granting a variance. Guy responded the hardship is they are complying with the side yard set back, what they can’t comply with is a new regulation passed after prior approvals were legitimally granted. The hardship is the building would have to be torn down to bring it in compliance. 2 BOARD OF ADJUSTMENT APRIL 3, 1996 Peterson read a letter of support from Mr. Flynn. DeLuca asked what the purpose of raising the roof is and he stated that the view from across the street and in the street will be blocked. Guy responded that the roof line will be extended 7ft. to bring South light into the North facing bedroom and bath area. The problem with this constant tinkering with the building code is this building, until recent changes in the code, would have been legal. Guy stated that there is a nonconformity in just about every building in the West end. Drueding stated that this portion of the code has been in effect for 8 years. Head stated that if the Board used the argument of “nonconformity in just about every building in the West end”, as the basis for granting a variance everybody in the West end or throughout the community would use that argument and it’s not one the Board has considered in the past. Iglehart asked if the East end of the house is causing the problem and what happens in a situation when there are two owners and one is in compliance the other is not. Hoefer responded that the duplex is legal and was one lot, both sides have to accept the way the property was set up at the time it was divided. Paterson closed the public portion of the hearing. COMMISSIONER COMMENTS DeLuca stated that he agreed with Head and did not see the hardship and it seems more of a convenience to give them a variance in this situation. DeLuca said it is a massive structure as it sits and if the variance is granted it would just increase the nonconformity of the building. Iglehart said he had compassion for the reason the applicant wants this variance however, it does not work within the guidelines to entertain it. Paterson stated that he felt the same, the building is already bulky and does not see the practical difficulty or the hardship proven in this particular case. 3 BOARD OF ADJUSTMENT APRIL 3, 1996 Paterson re-opened the public portion of the meeting. Guy stated that there wasn’t anything to add. MOTION: Head moved to deny case #96-01, for a 14’ total side yard setback for the reasons stated below: 1) Staff memo dated 4/2/96, “this building already stretches from side to side on the street scape and further intrusion into the setback with more bulk is undesirable. Light may be achieved by use of flat skylights or larger windows in the existing structure. 2) The Board cannot grant variances due to economic hardships. 3) The Board found that the practical difficulty and hardships were not proven. Seconded by Schott. All in favor, motion carries. Rick Head excused himself from the meeting. The Board discussed a letter from Charles Cuniffe Architects, and decided not to respond, Hoefer also stated that several Staff members had received a copy of the letter and did not respond. MINUTES MOTION: DeLuca moved to adopt the minutes of November 30, 1995, Case #95-15. Seconded by Iglehart. All in favor, motion carries. Paterson adjourned the meeting at 4:40pm. Amy G. Schmid, Deputy Clerk 4