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HomeMy WebLinkAboutminutes.apz.19980804ASPEN PLANNING & ZONING COMMISSION AUGUST 4, 1998 Sara Garton opened the regular Aspen Planning and Zoning meeting at 5:35 p.m. following the joint City/County Planning Commissions discussion on Burlingame. Commissioners Bob Blaich, Steve Buettow, Marta Chaikovska, Sara Garton, Roger Hunt, Tim Mooney and Jasmine Tygre were present. City Staff in attendance were: Chris Bendon, Stan Clauson, Mitch Haas, Community Development, David Hoefer, Assistant City Attorney, and Jackie Lothian, Deputy City Clerk. COMMISSIONER COMMENTS Bob Blaich said that Adam Walton requested the delivery truck loading and unloading during the night be stopped. Blaich asked where this case should be presented. David Hoefer responded that Adam Walton was meeting with CCLC tomorrow morning. John Starr, CCLC member, said the issue of delivery trucks has been discussed and Walton was on the agenda. Tim Mooney said he was asked to bring up the bottle neck problem that the trailer in front of the ISIS has created along with valet parking. He said neighborhood contractors have to mitigate for parking and how can a dumpster the size of that trailer reside in the alley. Blaich said he was surprised the fire department had not taken action on this problem and felt it was a public hazard. Mooney said it limits the fire trucks to only go out one way. Sara Garton supported the comments and agreed the trailer could be on the pad until excavation began. Mooney asked staff to re-examine their position on the Snyder approval recommendation relating to ordinance 30 without street presence in the project. He said allowing the city as the applicant to build without compliance of the municipal code will hurt the city in the long run. He said we ask other projects to re-design and comply with street presence while this project was designed with garages and the backs of houses facing the street. The dirt excavated from the pond was used as a feature. Garton reminded the commission that Snyder goes before council on 08/10/98. Jasmine Tygre agreed with Mooney and has been very unhappy with the comments from P&Z not being taken by the applicant. Blaich concurred. Mooney stated the essence was that Parks felt priority; then Housing felt priority and the code was put in the back seat. He said they were trying to fit a project that did not work with the code into an approval process; it should have met the codes needs first. Garton complimented the Parks Building project; it was very attractive. Hoefer agreed that it was an excellent project. Bendon said the comments would be passed onto Parks and Gibson Reno. ASPEN PLANNING & ZONING COMMISSION AUGUST 4, 1998 Jackie Lothian, Deputy City Clerk, stated that council wanted to meet with P&Z for breakfast or lunch; choose a few days that the commission could meet in September. Bob Blaich asked what would be on the agenda; who will prepare the agenda. Hoefer commented that the last time council met with the commission, they had questions and issues. He said they should prepare a list individually or collectively. Mitch Haas said council would like a joint meeting to begin at 4pm on 9/1/98 for the Aspen Mountain PUD. Garton said following that discussion would be the music tent. Bob Nevins clarified the 9/1/98 date for small lodge was the deadline for applications. Garton asked Nevins to explain his current position. Nevins answered that he would follow through with DEPP and bring forward city affordable housing projects; 80% of his time spent would be with the housing authority projects. Blaich stated that ifNevins does as good a job as he did with DEPP; affordable housing will benefit. Garton introduced Stephanie Millar, senior long-range planner, for the Community Development Department. Millar invited the commission to appoint 2 members to the over-sight committee for the AACP up-date. Garton and Buettow said they would attend those meetings. Millar said that she moved from Portland, Oregon. Bendon distributed the agenda for the Historic Preservation Symposium all day on Friday and Saturday morning. The Iselin Park plan was scheduled for a worksession with Council and Parks on August 17th at 5pm. Tygre noted that sometimes before P&Z reviews proposals; they have already been partially or completely negotiated. She noted there were channels to be followed. Tygre stated that many of the commissioners did not have the luxury of going to meetings, if not on Tuesdays, especially if they did not know about them in advance. Hoefer noted that was a legitimate concern to bring up at the Council lunch meeting. Bendon said there were times between regular meetings. Bendon said the Music Tent would be coming for an SPA amendment, a P&Z process then onto Council. He said there would also be a recommendation from HPC. Mooney asked for a copy of the original PUD proposal before that meeting for review. Blaich agreed. Bendon stated the Pole House (former Paepcke) had made a representation of dry laid stone for the low wall; now they want to replace the dry laid stone with a pre- cast concrete to better suit their design. Garton requested this be shown to ACES; which she disclosed she was a trustee of ACES. Buettow said manufactured stone ASPEN PLANNING & ZONING COMMISSION AUGUST 4, 1998 was quite different than natural dry stack stone and desired the natural over the concrete. Bendon also expressed that to the owners. The commission concurred the owners must abide by their representations and could appeal if necessary. DISCLOSURE OF CONFLICTS OF INTEREST No commissioners disclosed any conflicts. MINUTES MOTION: Roger Hunt moved to adopt the minutes from June 16, 30 and July 7, 1998. Jasmine Tygre second. APPROVED. CONTINUED PUBLIC HEARING (07/21/98): 123 EAST HYMAN CONDITIONAL USE FOR 2 ADUs Sara Garton, Chairperson, opened the continued public hearing. Chris Bendon, staff, explained that he was presenting for Mitch Haas. He said the applicant applied for conditional use approval for 2 ADUs which were reviewed two weeks ago; continued to today. P&Z requested the design provide more light (accomplished with 2 sky lights above the kitchen and living areas in each unit) and the interior passage ways blocked off. He said there was a condition of approval for no interior connections to the ADUs. John Starr, public, stated he was head of the Good Thunder Condos adjacent to this property. His concern was the parking situation for the ADUs. Starr noted the major parking problems in Aspen and an abuse of guest parking passes. He requested no guest parking passes be issued and only one parking spot for each ADU be allowed for this particular property. Rita Rassmussen, public, stated she lived to the west of this property. She concurred with John Starr on the parking problems. She voiced concern regarding the variances which allowed building to the maximum; not having to adhere to the setbacks. Rassmussen noted they were loosing a lot of privacy because of the angle of the balcony and tree removal. She commented that many trees have been planted on their property and hoped that they would not be damaged by the construction. She said there was a sprinkler line tom up by the demolition which they promised to repair. Rassmussen inquired as to the fence height restrictions. Bendon replied 6'. Rassmussen asked what could be done to obtain a higher fence. David Hoefer, Assistant City Attorney, replied they could go to the Board of Adjustment. She 3 ASPEN PLANNING & ZONING COMMISSION AUGUST 4, 1998 questioned how the previous house was 7~' from the property line and the new one could be 5' from the property line. Garton explained the commission tries to do the best community planning as possible to include affordable housing and smaller houses. She said the concerns about the trees can be addressed in the conditions. Roger Hunt asked if there was an expansion of a non-conformity. He said he hoped that the code revisions regarding voluntary demolition would be done soon. Bendon responded if the commission wanted staff to address the code issue; a resolution needed to state the opinion of the commission. Ron Kanan, representative for applicant, stated there were no expansions past what was already existing. He said there was no foundation where there was not one prior. Bendon stated the non-conforming standard was very literal within the 3- dimensional envelope; the same heights. Alice David, planner for applicant, stated there was an 18~' stretch on the east side that was being replaced with non- conformity, the rest were being eliminated in the set-back. Garton noted concern for the loss of 6 year old spruce trees by a neighbor. Rassmussen said the trees were over 6 years old; the excavation was up to the root line. Kanan stated the tree issues were conditioned in the tree excavation permit; you cannot kill a neighbor's tree. Blaich stated the neighbor wanted reassurance that any trees that died would be replaced. Garton and Hoefer noted condition #3 covered the tree issues. Hoefer said the approval for a conditional use must be consistent with the AACP and have minimal impacts on parking. Tygre asked if the ADUs were not rented; the owner could obtain the extra parking permits, therefore the condition. Hunt wanted to add a condition that there would be no guest ADU parking hang tag. Blaich concurred. Garton asked the applicant if the conditions were accepted. They were accepted. MOTION: Roger Hunt moved to approve the Conditional Use for the proposed two (2) below-grade Accessory Dwelling Units containing approximately 480 square feet each and attached to the corresponding residences on 123 East Hyman, Aspen, with the Community Development Memo dated July 21, 1998 conditions as follows: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the net livable floor area of each Accessory Dwelling Unit will be between 300 and 700 square feet, and the units shall be totally private, having private entrances and no rooms (i.e., mechanical rooms, etc.) that might need to be accessed by people in the principle residences; b. Verify with the Housing Office that each ADU will contain a kitchen having a minimum of a two-burner stove with oven, standard sink, and a 6- cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office, 4 ASPEN PLANNING & ZONING COMMISSION AUGUST 4, 1998 for each of the two ADUs; d. Clearly identify the Accessory Dwelling Units (ADUs) on building permit plans as separate one-bedroom units; e. Provide a minimum of one off-street parking space for each ADU, and indicate these designated parking spaces on the final plans; f. Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights-of-way; g. Locate any additional proposed construction, including trash facilities, in such a way that it does not encroach into an existing utility easement or public right-of-way; h. Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights-of-way; the agreement shall be executed and recorded concurrently upon approval of this application; i. Submit working drawings to verify all height, setback, and floor area calculations, as well as lot size and lot area calculations; j. Complete and record a Sidewalk, Curb & Gutter Agreement; k. A tap permit(s) must be completed at the office of the Aspen Consolidated Sanitation District; payment of the total connection charges shall be made prior to the issuance of a building permit; I. If the building is found to contain 5,000 square feet or more of living area, approval and installation of an automatic fire suppression system will be required; m. Verify that the proposed plans for the ADUs will comply with all UBC requirements including but not limited to those addressing natural light and ventilation standards, as well as sound attenuation walls between each ADU and the principal residences; and, n. Submit building permit drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. Submit as-built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Information Systems Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; b. Install sidewalks, curbs, gutters, and a five (5) foot wide buffer space between the walk and curb, meeting the standards of the City Engineering Department; the existing driveway curb cut must be removed and replaced with full height curb and gutter; and, c. Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval. 3. In the event required, the applicant must receive approval from: · The City Engineer for design of improvements, including landscaping, within public rights-of-way; · The Parks Department for vegetation species, tree removal, and/or public trail disturbances; · The Streets Department for mailboxes and street cuts; and, The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the doors and the area in front of the doors to the ADUs; sufficient means of preventing icing of the stairway is also required. 6. Prior to the issuance of any building permits, any needed tree removal permit(s) must be obtained from the Parks Department for any tree(s) that is/are to be removed or relocated (including scrub oaks of three (3) inches or greater); also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s). 7. The site development must meet the runoff design 5 ASPEN PLANNING & ZONING COMMISSION AUGUST 4, 1998 standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado. 8. The ADUs shall not be entitled to any on-street guest parking passes. Primary on-street parking passes for the ADUs will be permitted only if the units are rented. 9. There shall be no interior connections or doorways between either of the ADUs and either of the principal residences. Going from one ADU to the other, or from one ADU to either of the principal residences shall require going outside the building(s). 10. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by an entity having authority to do so. Jasmine Tygre second. APPROVED 6-0. (Buettow abstain) Mooney asked about snow-melt. Kanan responded that would be done for the drainage from the roof. Mooney thanked the applicant for turning the commission's observations into practical architecture. MOTION: Roger Hunt moved to direct Community Development Staff to propose an ordinance to deny re-construction with non-conformities for voluntary demolition of a non-historic structure with non- conformities. Jasmine Tygre second. APPROVED 6-0. MOTION: Roger Hunt moved to remove the public hearing for 735 W. Bleeker St., for Landmark Designation, Conditional Use and Special Review from the agenda because of failure to properly notice. APPROVED 7-0. Meeting adjourned at 6:45 p.m. Jackie Lothian, Deputy City Clerk COMMISSIONER COMMENTS ....................................................................................................................... 1 DISCLOSURE OF CONFLICTS OF 1NTEREST .............................................................................................. 3 MINUTES ............................................................................................................................................................. 3 123 EAST HYMAN CONDITIONAL USE FOR 2 ADUS .................................................................................. 3 ASPEN PLANNING & ZONING COMMISSION AUGUST 4, 1998