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HomeMy WebLinkAboutminutes.boa.20000413CITY OF ASPEN BOARD OF ADJUSTMENT APRIL 13, 2000 Charles Paterson opened the Board of Adjustment meeting at 4:00 with Rick Head, David Scott, Jim Iglehart and Bill Murphy present. Howard DeLuca was excused. City staff in attendance were Sarah Oates, Community Development; Jackie Lothian, Deputy City Clerk. COMMISSIONER, STAFF and PUBLIC COMMENTS Jackie Lothian noted that Deanna Olsen stated that she chose not to serve as a member on the Board of Adjustment. MINUTES MOTION: Jim Iglehart moved to approve the minutes from March 9, 2000, Case #00-01 – Racquet Club Condominiums, 1030 Matchless Drive. Bill Murphy second. APPROVED 5-0. DISCLOSURE OF CONFLICT OF INTEREST Board Members disclosed no conflict of interest. Sarah Oates stated that she had a conflict with the Large and Small Fries case and that Nick Lelack would present it. CONTINUED PUBLIC HEARING: CASE #00-01 RACQUEST CLUB CONDOMINIUMS, 1040 MATCHLESS Charles Paterson opened the continued public hearing for 1040 Matchless, Racquet th Club Condominiums. Notice was provided at the March 9 meeting with the list of mailing. John Howard, Willow Creek Design Studio, provided a new drawing showing the ways autos would have to have to turn around. They were already 6 inches less than the required amount. He said there would be a 5-foot “dead space” if the rear wall of the garages were built in that spot, it would create a trash collection situation. If the garage designs were flipped then there would be less sun and more of a need for cars warming up longer. He reviewed the reasons for granting these variances. John Howard said the sun exposure reduced ice build up and the garages were built into the berm, which would reduce the mass. He said that the staff had said that having a garage was not a necessary right, but he said that there was practical difficulty with the garages sitting in any other place. He felt that the board could find that the applicant had the right for these garages. John Howard added there were no negative comments from staff or from public. 1 CITY OF ASPEN BOARD OF ADJUSTMENT APRIL 13, 2000 Rick Head said that massing would occur in either location and would probably be more of a problem for the residents by placing them where John Howard wanted them placed. He said he could not find a practical difficulty and maybe the internal could work but the parking lot could be moved back five feet. He said that he would have been in favor of granting a minimum variance if the applicant came back with a different plan. Jim Iglehart stated that he had no problem with the side yard setback and thought everyone should have a garage; he said that he was in favor of granting the variances as designed. Iglehart noted that no one wrote or called to protest against the proposal. Bill Murphy said the garages were where they belonged and the fact that no neighbors complained, was a positive for him. David Schott said that he sided with Rick. Charlie Paterson stated that he felt that the applicant had a good case and that it did not make sense to move the garages. He noted the practical difficulties with the turns, which would not be good. Paterson said that it wasn’t a dense area. Rick Head asked why the placement was needed against the property line when there was more room on the other side and that the garages could be moved. Head noted that the board was to only grant a minimum variance. Head suggested changing the setbacks on 2 of the garages, closest to the entrance of where the garages would be built. David Schott noted that it was not built yet, so it would have a little bit more landscaping with what Rick suggested. Bobbie Carson, owner of Unit #4, asked for clarification on which units Rick was talking about changing. Charlie Paterson clarified that they were the east side units (Units 3 & 4). Bobbie Carson said there would be a problem with the other neighbors, if the garages were moved. She stated that open space of 5’ would be visually obtrusive. Bobbie Carson implored the board to approve the variances as proposed. Jackie Lothian stated that the City Attorney’s Office said that all the board members th could vote, after reading the minutes from the March 9 meeting. Charlie Paterson noted that four (4) positive votes were need for the variance to pass. The board offered a compromise of moving 2 of the garages forward. 2 CITY OF ASPEN BOARD OF ADJUSTMENT APRIL 13, 2000 Rick Head thanked Bobbie Carson for her passion, but garages were a luxury and not a necessity. David Schott said the garages could be moved back. Charlie Paterson said that he would vote for the compromised variance. John Howard stated that the massing would look larger, if the mass was moved anywhere else and would reduce the apparent density by keeping it on the property line. He reiterated that the current owners did not site the units original placement. Rick Head said that it was not what he could consider; he could live with the amended application but would not vote for it unless amended. Head explained to John Howard that if there was not a compromise, the variances would not be approved. John Howard said that this would bring another large tree down. Head noted that he did not think the garages came near the tree. MOTION: Rick moved to approve the 4½ foot rear yard setback variance on Lot 3, Units 1 & 2, a 14 foot side yard (west side) variance of Lot 2, and a combined side yard setback variance of 15 feet on both Lots 2 & 3 (east side) to allow for the construction of 4 detached garages at 1040 Matchless Drive. David Scott second. Roll call vote : Iglehart, yes; Murphy, yes; Head, yes; Schott, yes; Paterson, yes. APPROVED 5-0. John Howard asked if he could come back with the variance request. Sarah Oates explained that the same variances could not be applied for again. Rick Head stated that there was a quorum tonight. PUBLIC HEARING: CASE #00-03 609 WEST BLEEKER – LARGE and SMALL FRIES Charles opened the public hearing for Large and small fries. Notice was received. 3 CITY OF ASPEN BOARD OF ADJUSTMENT APRIL 13, 2000 Nick Lelack explained that the applicant, Small and Large Fries LLC represented by Mary Holley, requested a variance from the rear and side yard setback dimensional requirements in order to construct a detached Accessory Dwelling Unit (ADU) which will be deed restricted to mandatory occupancy. A portion of the proposed detached ADU would encroach into the required rear yard setback for accessory buildings, requiring a four (4) foot rear yard setback variance. The proposed ADU also requires a four (4) foot side yard setback variance for the west side yard setback. The vacant lot was located in the R-6 zone district and part of a Historic Landmark Lot Split, which created two (2) 4500 square foot lots. The variances were requested to preserve the 22” diameter spruce tree located on the southern portion of the lot, while at the same time provide an ADU that was detached and deed restricted to mandatory occupancy. Both of these objectives were consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan. Ernie Fyrwald said that there were 0 lot lines in that area and the livability would be much better with this variance. Alan Schwartz stated that he represents Ellen & Allen Fells, the next door owners and neighbors. The Fells said that they felt this was the best solution for an above ground ADU and the Fells would support the project. Schwartz stated that this was a dense lot with the lot split and 3 units on it with a large tree. He noted that the neighbors were not opposed. Mary Holley said that this parcel was unique because of the sizeable tree in the southern portion of the lot and the historic lot split created the small lot size. The size and location of the tree created a practical difficulty. Holley provided photos of the lots. She said that Ernie Fyrwald wanted to build a good above grade ADU. She said the building would be on piers not to disturb the roots of the tree. Holley stated that Ernie entered into a 3-year tree maintenance program for the trees. Rick Head stated that he just loved these kinds of variances; he said that he was very proud to rule on it favorably. Jim Iglehart stated that if Rick was happy he was happy. Bill Murphy said the neighbors were addressed. Charlie Paterson said that staff recommended approval. Lelack stated that staff recommended approval of the variance request finding that the Review Standards had been satisfied. 4 CITY OF ASPEN BOARD OF ADJUSTMENT APRIL 13, 2000 RECOMMENDED MOTION : Rick Head moved to approve the request for a 4 foot rear yard setback variance (allowing for a 1 foot setback) and a 4 foot side yard setback variance (allowing for a 1 foot setback) on the west side to permit construction of a detached Accessory Dwelling Unit which will be deed restricted to mandatory occupancy at 609 West Bleeker Street, finding that the review standards have been met.” Jim Iglehart second. APPROVED 5-0. Sarah Oates said that there was an appeal of a previous Planning and Zoning review th that will come before the Board of Adjustment on May 4 . Charlie Paterson will not be able to attend. Meeting adjourned at 5:15 p.m. Jackie Lothian, Deputy City Clerk 5 CITY OF ASPEN BOARD OF ADJUSTMENT APRIL 13, 2000 COMMISSIONER, STAFF AND PUBLIC COMMENTS ................................ ................................ ................. 1 MINUTES ................................ ................................ ................................ ................................ ............................. 1 DISCLOSURE OF CONFLICT OF INTEREST ................................ ................................ ................................ 1 CASE #00-01 RACQUEST CLUB CONDOMINIUMS, 1040 MATCHLESS ................................ ................... 1 CASE #00-03 609 WEST BLEEKER – LARGE AND SMALL FRIES ................................ ............................. 3 6