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HomeMy WebLinkAboutminutes.apz.20000905ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 05, 2000 Jasmine Tygre, Vice-Chairperson opened the regular meeting at 6:00 p.m. with Roger Hunt, Tim Mooney, Ron Erickson and Roger Haneman present. (Meeting followed a 4:00 p.m. workshop with City Council). City staffin attendance: Fred Jarman, Joyce Ohlson, Community Development; Kathy Strickland, Chief Deputy City Clerk. MINUTES MOTION: Roger Hunt moved to adopt the minuets of 20 June, 27 June, 11 July, 18 July, 01 August of 2000. Ron Eriekson second. APPROVED 5-0. COMMISSIONER, STAFF '& PUBLIC COMMENTS Ron Erickson asked staff to check the agreements for approvals granted on the new MAA tent. Joyce Ohlson responded that she would follow up on the approval agreements. DECLARATION OF CONFLICTS OF INTEREST Jasmine Tygre stated that she would step-down from the 610 East Hyman Special Review which was continued from August 15th. Joyce Ohlson explained that there was a revised agenda order. PUBLIC HEARING: VARIOUS MINOR LAND USE CODE AMENDMENTS Jasmine Tygre opened the public hearing on Various Minor Land Use Code Amendments. MOTION: Roger Hunt moved to table action and continue the public hearing for Various Minor Land Use Code Amendments to 03 October, 2000 at the request of staff. Ron Erickson second. APPROVED 5-0. CONTINUED PUBLIC HEARING: 610 EAST HYMAN. SPECIAL REVIEW FOR SIZE OF TRASH-UTILITY AREA VARIANCE Jasmine Tygre stated that Roger Hunt would be acting Chairperson on this review. Roger Hunt opened the continued public hearing for the Special Review on 610 East Hyman. Hunt asked if sufficient public hearing notice was provided. Fred Jarman replied that there was notice provided with a posted notice, published newspaper notice and full mailing. ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 05. 2000 Jarman stated that this was for a variance request by the applicant, Charles Cunniffe, for a reduction in the trash/utility service area in the rear of the building located in the C-1 zone district. He said this was a 3,000 square foot lot size with a professional office in the commercial district. Jarman utilized drawings to illustrate the proposed 3-car garage area, which presented the issue of the reduced trash area size. Jarman said the applicant stated that a professional office doesn't generate the trash that would necessitate a big dumpster. Also there is a maintenance firm that takes the trash out. He said the proposed garage would have an access area to service the trash/service area. Staff was concerned with the forty- one inch (41") hallway being adequate with a half wall along the property line since there was the possibility of many different future uses for this building. Jarman said that for example, the zone district would allow a restaurant, which might require a larger dumpster in this area in the future. Charles Cunniffe stated that the drawings in the packet were self-explanatory. He said if the columns were removed in the hail wail, the access would be increased to forty-nine (49") instead of forty-one". He said if that was adequate, then he would like to go that route. Ron Erickson asked if this was a one-story addition and if they had considered a trash compactor. Cunniffe replied that it was a one-story addition but had not contemplated a trash compactor on their own. Erickson urged Cunniffe to look into the compactor as a possible solution. Tim Mooney asked if the solution wasn't to provide a dumpster that would fit into a 49" walkway. Cunniffe said that they had large trashcans that fit, but the concerns were for a change in use in the operations of the building, which would have to go through a conditional use review for a restaurant. Cunniffe said that this was not an issue for this use. Roger asked if they were currently using 40-gallon rollout trash containers. Cunniffe affirmed. Hunt questioned the dumpster sizes that could be accommodated in the area. Marry Flug, public, stated he owned and occupied the building next door at 616 East Hyman and Carol Ann Jacobson occupied the building on the other side of Charles Cunniffe. He said that they all wanted to be good neighbors. Flug said that the following items needed to be called to the Commissions' attention for interpretation. He asked if there was any question of the FAR at 2,940 of rental square footage currently with 3,000 square feet maximum allowed. Flug noted that f~, the space that Charles Cunniffe was building was in fact 2 stories including a basement, which was 600 feet above and 600 feet below ground level. Flug said that if this were then 1200 square feet used as something other than a garage, the 2 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 05~ 2000 impacts would be greater; this was the last remaining lot that was not built from lot line to lot line. Flug stated that hopefully these comments were not taken negatively against Charles but for clarification on the code. Hunt stated that this would be a totally inappropriate use for a restaurant on this property in the future. Hunt requested that the trash area be opened up to 49". Erickson explained that the 600 square feet below grade could not count for consideration with this Commission but it would increase the amount of trash that was generated by the space. Jarman said that the basement would be counted as storage and not as a rental space for offices. Erickson said the addition of 3 garage spaces was a plus. MOTION: Tim Mooney moved to approve Resolution #39, Series 2000, for Special Review for a variance from the trash/utility service area requirements as part of the proposed garage addition located at the rear of the Charles Cunniffe Office Building located at 610 East Hyman with the conditions in the draft resolution changing condition #1 to read that the representations made by the applicant of a minimum forty-nine inch (49") pathway be maintained to access the created trash area. Ron Eriekson second. Roll call vote: Hunt, yes; Haneman, yes; Eriekson, yes; Mooney, yes. APPROVED 4-0. PUBLIC HEARING: SANDUNES, (815) WEST MAIN STREET, STREAM MARGIN REVIEW, ADU, & DESIGN APPEALS COMMITTEE VARIANCES Jasmine Tygre opened the continued public hearing from August 15th on the Sandunes, (815) West Main Street, Stream Margin Review, ADU & Design Appeals Committee Variances. Fred Jarman stated that the notice was posted 5 days to meet the DRAC requirements with the notice and photo included. Jarman noted that Jennifer Causey and Richard Prachart were representing the applicant, Susan Horsey. Jarman said there were 3 items proposed: Stream Margin Review for Lot 1 and Lot 2 of which 86% was located in the county and 14% located in the city. Jarman utilized maps to show the property location and proposed single-family residence with an ADU locating the top of slope with Castle Creek below. Jarman said the proposed building was fifteen feet (15') from the top of slope at a 45° angle; all of the Stream Margin Review requirement criteria have been met; staff supports approval. Jarman stated the applicant also met all of the Accessory Dwelling Unit requirements and that the ADU was 743 square feet. 3 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 05, 2000 Jarman said that there were 4 variances requested from the Design Standards. He noted this house was situated on a land locked parcel and that it was accessed through a private easement and drive over Lot #3 of the Adams Subdivision. The parcel is over 51,000 square feet and is not seen from any city street. Jarman said that the Residential Design Standards variances were hinged off of one variance request, that the house parallel a street or face a street. He said that because the parcel was land locked the house could not face a street. Jarman said the other variance requests were for street facing windows, street facing entrance and door and garage. Jarman said that if the house were placed in the West End facing the street, the house would not require any variances. Tygre requested clarification on the access. Jarman said the access was from 7t~ Street off of Hopkins. Ron Erickson said there was nothing unique about the parcel because part of the land came down onto city land, which the city grants public right-of-way on all streets. Joyce Ohlson said that was it not an issue of access as it was orientation of the building. She said should it be orientated towards Main Street, from which it doesn't take access but has a legal easement onto 7th; the city doesn't want another access coming out onto Main Street. She said that maybe land locked was too strong but rather that it gained its access from another street. ErickSon stated that this was still one parcel since the lot split of Lot 1 and Lot 2 was not recognized by the city, so it was one lot. Erickson said then the parcel had to get annexed into the city and then City Council will determine if there was a legal lot split. Erickson asked the square footage of the house. Richard Prachart replied the house is about 5,600 square feet for FAR calculations. Erickson clarified that did not include sub-grade or ADU bonuses. Erickson asked where the ADU was located. Richard Prachart replied on the Castle Creek side of the house. Bruce Berger, public, pointed out that his house was show on the map as a vacant lot. He said there were enormous spruce trees which hide the curb and the house was set back. He said that if the house were to access through those trees he would be upset but was not concerned with the technicalities of the way that the house faced. Richard Prachart said that the house was being designed for the city code. Erickson wanted to make sure that there was a Condition that the ADU remained separate from the main house prior to a certificate of occupancy. Jarman stated that was part of the criteria required. Erickson stated that he hoped that the applicant would use the ADU for someone who lived here with a nice view of Castle Creek. 4 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 05, 2000 Roger Hunt stated that the address was listed as 815 West Main Street; he asked if mail deliverY would be on Main Street. Jennifer Causey responded that there was an existing house with the address 815 West Main Street, which was Lot 2 where the applicant actually lived. Prachart said that since the drive was off of 7th, the address would be 7th Street. Hunt request that the correct legal address be placed in the resolution. MOTION: Tim Mooney moved to approve Resolution # 40, series 2000, a single family dwelling with Stream Margin Review, ADU & Design Appeals Committee Variances for Lot 1 of the Sandunes LP annexation located (815 - address to be re-determined and amended in the Resolution) West Main Street with the conditions #1-21 set forth in the Resolution. Ron Erickson second. Roll call vote: Hunt, yes; Tygre, yes; Mooney, yes; Haneman, yes; Erickson, yes. APPROVED 5-0. Mooney requested that the critical part of the Stream Margin Review was the riparian rights and the existing slope not be disturbed by any grading or excavating. Tygre said that the way that ADUs were built or not built was disturbing to her. She noted that Bell Mountain Unit #4 did not have an ADU. Mooney said that the ADUs were barely recognizable as units with very little light. Tygre asked who was responsible for the follow-up of the ADUs. Ohlson replied that was a Housing issue. Meeting adjourned at 7:00 p.m. ~.~/l~/a-nscribed by - ! "Jackie Lothian, Deputy City Clerk 5 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 05, 2000 MINUTES ................................................................................................................ 1 COMMISSIONER. STAFF & PUBLIC COMMENTS ...................................... 1 DECLARATION OF CONFLICTS OF INTEREST ..........................................1 VARIOUS MINOR LAND USE CODE AMENDMENTS ........... ~ ..................... 1 610 EAST HYMAN. SPECIAL REVIEW FOR SIZE OF TRASH-UTILITY AREA VARIANCE ................................................................................................. 1 SANDUNES. (815) WEST MAIN STREET. STREAM MARGIN REVIEW, ADU, & DESIGN APPEALS COMMITTEE VARIANCES .............................. 3