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Home My WebLink Aboutminutes.apz.19970520PLANNING & ZONING COMMISSION MAY 20, 1997 Sara Garton opened the regular Aspen Planning & Zoning Meeting at 4:30 p.m. with Steve Buettow, Marta Chaikovska, Tim Mooney and Dave Johnston present. Roger Hunt, Jasmine Tygre and Bob Blaich were excused. David Hoefer, Assistant City Attorney, Mitch Haas, Julie Ann Woods and Stan Clauson, Community Development, were also present. COMMISSION AND STAFF COMMENTS David Hoefer distributed the revised proposed resolution for the Aspen Meadows Traffic Mitigation Plan and Marta Chaikovska provided some changes. Commission comments should be directed to the Assistant City Attorney by 5/27 and the resolution would be signed at the 6/3 meeting. Hoefer reviewed the McStorllie’s condition and staff had comments on the change in use. He explained from Stan Clauson’s interpretation of that condition of change in use encompassed another restaurant use as the same use. The building department was currently reviewing the bathroom facility situation. Sara Garton hoped staff would work with the neighborhood in terms of conditional uses which also followed the deed. Garton commended staff for response time to comments. MINUTES MOTION: Steve Buettow moved to approve the minutes from the 5/6/97 Aspen Meadows Traffic Mitigation Plan meeting. Marta Chaikovska second. ALL IN FAVOR, APPROVED 4-0. CONTINUED PUBLIC HEARING: WIN-RIVER/KASTELIC CONDITIONAL USE FOR 2 ADU’s (parcel ID#2737-181-00-019) Mitch Haas explained the recommended conditions of approval in the addendum to the staff memo for 570 (lot 1) & 580 (lot 2) Riverside Dr., Kastelic Subdivision. The applicant will demolish 2 single family detached residences (one on each lot) and construct single family homes (each with an ADU attached) on each lot. Zoning is moderate density residential (R-15/PUD) and the project will meet all dimensional requirements of this zone district. Haas said the applicant did not request FAR bonus but will deed restrict the ADU’s. Staff found the proposed residence on Lot 1 complied with all of the standards, but Lot 2 did not comply with residential design standard 26.58.040(A)(3) which required the garage set 1 PLANNING & ZONING COMMISSION MAY 20, 1997 back at least 10’ further from the street than the house. Staff supported a variance from that standard. Haas stated conditions “c” and “e” had been changed in the addendum. “C” the deed restriction condition had been clarified that Housing would not fill the ADU if the owner did not and “E” the FAR bonus was removed. Larry Winnerman, applicant, said they were planning to underground the utilities. Haas said the sidewalk, curb, gutter and utility improvements were all part of the subdivision. Garton asked the applicant to work with Council on the path when the Stream Margin Review was approved by this Commission. Buettow, also DRAC chair, agreed the garage treatment and ADU design was better than the previous plans. Herb Klien, Attorney for Applicant, questioned the legality of the condition “h” regarding the improvement district. Haas noted Engineering placed this in their referral comments and if the rest of the Riverside Drive residents agreed to this district, they would also be required to be part of it. Joan Leatherbury, public, asked about the waterline from above (the ditch). Winnerman noted there were no legal rights for the faucets from the ditch water and the next owner would have to decide what to do. Haas addressed the surface water rights from this ditch in condition #9. Winnerman stated these concerns would be discussed with the neighbors. Laurie Winnerman stated that one of these residences would be their personal residence and the ADU would be used for their family or their employees. MOTION: Dave Johnston moved to approve the conditional use request for the proposed Accessory Dwelling Units at 570 (lot 1) and 580 (lot 2) South Riverside Drive with the conditions outlined in the ‘Recommendation’ section of the Addendum to the staff memorandum of May 20, 1997. He also moved to grant a variance from Residential Standard 26.58.040(A)(3) for 580 S. Riverside Drive (Lot 2 Kastelic Subdivision/PUD), finding that the proposed design more effectively addresses the issue or problem that the given standard responds to than would a design that incorporated a front-loaded garage setback 10 feet further from the street than is the rest of the house with the elimination of 2(h). Steve Buettow second. ALL IN FAVOR, APPROVED 4-0. PUBLIC HEARING: 2 PLANNING & ZONING COMMISSION MAY 20, 1997 FIRESIDE LODGE, 130 WEST COOPER - GMQS EXEMPTION FOR A CHANGE IN USE AND SUBDIVISION Sara Garton requested the proof of notice. David Hoefer stated the commission had jurisdiction to proceed. Julie Ann Woods, staff, explained the request for GMQS and associated subdivision for the existing 20 unit lodge. The plan for change in use was to create 4 townhomes (each at 6500 square feet) and a 3500 square foot restaurant. Sunny Vann represented the applicant in this rezoning to R/MF as part of the Lodge preservation rezoning (Ordinance 2-97). Woods said the applicant did not feel the need for employee mitigation, since there will be a substantial decrease in the amount of employee generation from a 20 room lodge to a 4 unit residential complex. There are 6 criteria for the change in use evaluation: 1. Employee Housing - no requirements from Housing 2. Parking - 2 on-site spaces are being provided for each unit 3. Character Compatibility of the area - the area is multi-family in nature 4. Adequacy of Public Facilities - the existing services are in place and Aspen Consolidated asked for 4 new lines re-placing the old lines 5. No Zone change is required - this was already rezoned 6. Consistent with the Aspen Area Community Plan - the proximity to downtown, maintain community design character. Woods stated staff recommended approval with 14 conditions of approval (#14 the addition of the 2 bedrooms). If the additional bedrooms are not allocated within 18 months from the May 6, 1997 lottery, those 2 bedrooms will revert back into the lottery allocations. She noted Ordinance 29 stated this allocation clause. Sunny Vann noted that just 2 extra bedrooms would be available (with proper permit) to 2 of the 4 units as additional bedrooms prior to the 18 month allocation period. Vann accepted the conditions with their response to the sidewalk revision for street trees. Buettow asked about the window well setback. Woods stated the applicant was attempting compliance. John Golumbus, architect, stated the light wells were scaled back and discussed the technical correctness with Julie Ann Woods. Garton asked about a Park Dedication Fee to go along with the subdivision. Michael Kerber, public, resides at Aspen West Condos, questioned the fencing along the front and asked if it would continue along the side. The applicant agreed 3 PLANNING & ZONING COMMISSION MAY 20, 1997 to work with the neighbors on the concerns. Vann said there would be landscaping. Mooney asked why there were no ADU’s. Vann noted there was a quirk in the legislation which made lodges exempt from the Employee Housing requirement. MOTION: Dave Johnston moved to approve the GMQS exemption for a change in use and Subdivision for the Fireside Townhomes, 130 West Cooper Avenue, subject to the conditions outlined in the Community Development department Memo dated May 20, 1997 with the addition of #14. If the additional bedrooms are not allocated within 18 months from the May 6, 1997 lottery, those 2 bedrooms will revert back to the lottery Tim Mooney second. allocations. ALL IN FAVOR, APPROVED 4-0. Meeting adjourned. Jackie Lothian, Deputy City Clerk 4 PLANNING & ZONING COMMISSION MAY 20, 1997 COMMISSION AND STAFF COMMENTS ................................ ................................ ................................ ....... 1 MINUTES ................................ ................................ ................................ ................................ ............................. 1 WIN-RIVER/KASTELIC CONDITIONAL USE FOR 2 ADU’S (PARCEL ID#2737-181-00-019) ................ 1 FIRESIDE LODGE, 130 WEST COOPER - GMQS EXEMPTION FOR A CHANGE IN USE AND SUBDIVISION ................................ ................................ ................................ ................................ ..................... 3 5