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Home My WebLink Aboutminutes.boa.19990122BOARD OF ADJUSTMENT JANUARY 22, 1998 Charlie Paterson opened the regular meeting at 4:05 p.m. David Schott, Ron Erickson, Rick Head and Howard DeLuca were present. Jim Iglehart was excused and Dan Martineau was absent. City Staff present were David Hoefer and Sara Thomas. BOARD and STAFF COMMENTS The Board discussed Dan Martineau attending only 3 meetings in 1997. The members asked the deputy city clerk to inform Martineau of his attendance and ask his intentions. PUBLIC HEARING: CASE # 98-01 DURANT CONDOMINIUMS ASSOCIATION 718-748 SOUTH GALENA David Hoefer stated the applicant provided the proof of notice affidavit. Charlie Paterson opened the public hearing and noted 4 notices returned for no mail receptacle. He read the requested 5 variances from the staff memo: Height - (to roof lines of existing buildings): Bldgs. A&D - 12’ variance; Bldg. B - 4’ variance; Bldg. C - 18’ variance. Floor Area - adding 950 square feet of floor area, increasing existing non-conforming floor area ratio from 1.21:1 to 1.24:1. Setbacks - 5’ side yard setback variance on north side of Bldg. D. The applicant was represented by Alan Richman, planner, Scott Smith, architect, and David Booth, manager of the condominium association. Richman stated there were 3 parts to the presentation: the application, the design and the standards for the variance request. Richman explained the nature of the existing structures in relation to the FAR and the site. He noted the heights of the current buildings exceeded the allowable maximum but the elevators would not add to the existing heights of the structures. He said the variance requests were to make the units more accessible for the owners and guests by adding the elevators. Smith presented bluelines, drawings and photographs of the existing and proposed building designs on the site from different views. He explained the site was very steep with current access (stairs) on each side of each buildings. Smith noted that 5 elevators will serve the buildings, with 2 of the elevators serving 2 adjacent building 1 BOARD OF ADJUSTMENT JANUARY 22, 1998 sides to reduce the impacts on the site. He said the elevator shafts will be recessed into the buildings reducing the impacts of FAR in terms of the square footage needed. Smith stated the elevators were hydraulic with the minimum size cab to minimize the visual and sound impacts. He noted the elevators would be enclosed in masonry with brick matching the buildings on top of the masonry. Richman noted the 3 review standards consistent with the purposes, goals, ¬ objectives and policies of the AACP; minimum variance that will make possible the reasonable use of the parcel, building or structure; hardship standard with ® special conditions unique to the parcel, building or structure not applicable to other parcels, buildings or structures. He said the steep site contributes to the FAR variance and shape of the site which are special physical conditions. Richman stated that difficulty of site access can be a determination for a hardship. He said the only neighbor with concerns will be resolved by the applicant. Rich Head noted that staff suggested the applicant re-think the project. Sara Thomas replied that even though the # of elevators was reduced from 8 to 5, perhaps the amount could be reduced again by adding catwalks, but the end result may not be as visually pleasing. Head said by reducing the # of elevators, more massing could result. He asked if any stairways would be removed. Smith answered the stairway would remain. Ron Erickson asked if the elevators would meet ADA guidelines and be handicap accessible. Smith responded that some areas will not be without some steps. Erickson asked the dimensions of the elevators (inside and outside) and if anything other than the elevators were being added or changed on the footprint. Smith replied the outside would be 7 ½ ‘ x 8 ½ ‘ with the inside 4 ½ ‘ x 5 ½ ‘ and enlarged walkways around some of the elevators. David Scott asked if the walkways would be fire proof to follow the current code. Howard DeLuca asked if the elevator was the smallest possible. Smith responded the smallest elevator with enough rise to be able to work for building A. The Board discussed the handicap accessibility or lack of ADA specifications. They noted the physical problems of the site with regards to the steep site and problem areas with stairs. Steve Falender, public, 712 South Galena, stated concerns on behalf of his neighbor, Michael Johns, regarding the noise, disturbing utility lines and entrance into the 2 BOARD OF ADJUSTMENT JANUARY 22, 1998 elevator. He had no concerns about the elevator since the ¼ turn of it. Booth noted there were not that many people accessing that building. (Michael Johns letter was placed into the public record). Head said without handicap access, there were concerns for the availability to the elevators and would favor a continuance to re-work walkways. DeLuca agreed but elevation changes would be problematic for ramps. He questioned the hardship in terms of the number of units being accessed by elevators. Erickson also agreed but stated that only if it were ADA approved would he vote for the variances. He said the “C” building should also include an elevator, which would add an elevator. Erickson requested the ADA standards. Hoefer noted that if an elevator was added, the variance request changed requiring a new notice. He suggested continuing the public hearing to a date certain. Thomas asked if the concern was to access all buildings or if all the elevators had to be built at the same time. Booth commented that ultimately all the buildings needed elevators. Richman said they would have to re-obtain the easement in order for the applicant to deal with building “C” (a rather complicated issue). He stated that the current application was what needed to be accomplished now and at a later date to approach the building “C” elevator. Booth said the ADA requirements may not be applicable for all the buildings. Head objected to the change of not needing the elevators for handicap access. Richman commented that prior to this meeting, it was never stated that ADA requirements must be met. Erickson stated there should be an ADA requirement response. Richman would like the opportunity to respond to the ADA requirements prior to the continued hearing. MOTION: Ron Erickson moved to table and conti nue Case# 98-01 to February 12, 1998. Rick Head second. APPROVED 5-0. CASE #97-02 HOAG SUBDIVISION LOT 3, 1125 UTE AVENUE VALERIO/JOHNSON - REQUEST FOR EXTENSION TO 2/13/99 3 BOARD OF ADJUSTMENT JANUARY 22, 1998 Charles Paterson opened the request for an extension. Rick Head was not seated, potential conflict. Brooke Peterson, attorney for applicant, stated the applicant would like the board to grant the code variance extension for 1 year. He explained the variance request has not been exercised because of a potential conflict in the construction of the driveway. Peterson noted the variance request has not changed and no construction has been done on this property. David Hoefer commented that Mr. Peterson has complied with the code requirements and the board would be required to vote in favor of the one year extension. Sara Thomas stated the code was clear for granting an extension if the circumstances have not changed. Erickson said it was unfortunate that only 4 members were present to vote, because he opposed this the last time. He questioned the work that has been done with the rock wall. Peterson stated all the work has been done by the owner of the Newfoundland Lode located in the County not the owner of Lot 3. He said there has been controversy between Newfoundland and Hoag Lot 3 as to the interpretation of improvements and the entire driveway had to be engineered prior to the 8040 greenline completion.. Thomas stated the 8040 Greenline was conditioned from P&Z that the driveway improvements must be resolved first. She said nothing had changed in the last year. Hoefer commented that no changes have been made, this extension request should be granted. Peterson commented that this driveway would be vacated and redone which had nothing to do with the variance of the setback of the house. Thomas explained the driveway which required an 8040 was located outside the property but provided access to lot #3. MOTION: Howard DeLuca moved to grant the variance extension request, Case #97-02 to 02/13/99. Ron Erickson 2nd. APPROVED 4-0. Meeting adjourned at 5:30 p.m. Jackie Lothian, Deputy City Clerk CASE # 98-01 DURANT CONDOMINIUMS ASSOCIATION 718-748 SOUTH GALENA ........ 1 CASE #97-02 HOAG SUBDIVISION LOT 3, 1125 UTE AVENUE VALERIO/JOHNSON - REQUEST FOR 4 BOARD OF ADJUSTMENT JANUARY 22, 1998 EXTENSION TO 2/13/99 ................................ ................................ ................................ ................................ ..... 3 5