HomeMy WebLinkAboutminutes.boa.20010104CITY OF ASPEN BOARD OF ADJUSTMENT January. 4, 2001
MINUTES .................................................................................................................................................................... 1
DECLARATION OF CONFILCTS OF INTEREST .............................................................................................. 1
CASE 00-13: (RESOLUTION 01-01) 616 WEST SMUGGLER ............................................................................ 1
CASE 00-14: (RESOLUTION 01-02) 1022 EAST HYMAN ................................................................................... 2
CITY OF ASPEN BOARD OF ADJUSTMENT January. 4, 2001
Charles Paterson opened the Board of Adjustment meeting of January 4, 2001 with
Jim Iglehart, Mark Hesselschwerdt, Howard DeLuca and Bill Murphy present.
David Schott and Rick Head were excused. Staffin attendance: David Hoefer
Assistant City Attorney; Sarah Oates, Community Development and Sackie
Lothian, Deputy City Clerk.
MINUTES
MOTION: Howard DeLuca moved to approve the minutes on Case
#00-10, 701 West Francis. Jim Iglehart second. APPROVED $-0.
MOTION: Howard DeLuca moved to approve the minutes on Case
#00-11,955 Gibson. Jim Iglehart second. APPROVED 5-0.
MOTION: Bill Murphy moved to approve the minutes on Case #00-12,
309 North Third. Jim Iglehart second. APPROVED 5-0.
DECLARATION OF CONFILCTS OF INTEREST
None stated.
CONTINUED PUBLIC HEARING:
Case 00-13: (Resolution 01-01) 616 West Smuggler
Charles Paterson opened the public hearing for Case 00-13:616 West Smuggler
and requested proof of notice. Sarah Oates responded that this was a continued
hearing and that notice was provided at the previous meeting on 12/07/00. David
Hoefer noted that for the variance to be approved there needed to be four out of the
five votes in the affirmative.
The request was for a 7½-foot height variance for accessory buildings, 5 foa
distances between buildings variance for FAR exemption and 3 % site coverage
increase for the construction of an Accessory Dwelling Unit deed restricted to
mandatory occupancy, which was continued from December 7, 2000.
Sarah Oates noted that the height was lowered by 1 foot and changed the roof from
a gabled roof to a flat roof; the site coverage and footprint remain the same. The
distance between buildings was changed to 5 feet and did not require a variance.
Scott Lindenau, architect, and Raifie Bass the owner presented the plans.
Lindenau stated that moving the house over 5 feet addressed the neighbors
concerns and that the second floor ceiling was lowered to 8 feet.
Charles Paterson noted there was objection from the neighbors at the last meehag
but there was no public present tonight. Charles Paterson said that Ramona
CITY OF ASPEN BOARD OF ADJUSTMENT January. 4, 2001
Markalunas had left a voice mail regarding this project and felt that the bulk of the
house was too large but was not present. Jim Iglehart also received a voice mail
from Ramona Markalunas. Jackie Lothian noted that all the information was faxed
to M_rs. Markalunas.
Howard DeLuca stated that they have minimized the variances and that was what
this board requested.
MOTION: Jim Iglehart moved to approve the variance for a (7 ~')
seven and one-half foot height variance to increase the height to (19~')
nineteen and one-half feet accessory buildings, Five foot (5') distances
between buildings variance for FAR exemption and3% site coverage
increase for the construction of an Accessory Dwelling Unit deed
restricted to mandatory occupancy on the northeast side of 616 West
Smuggler. Mark Hesselschwerdt second. Roll call vote: Murphy, yes;
DeLuca, yes; Hesselschwerdt, yes; Iglehart, yes; Paterson, no.
APPROVED 4-1.
PUBLIC HEARING:
Case 00-14: (Resolution 01-02) 1022 East Hyman
Charles Paterson opened the public hearing for Case 00-14:1022 East Hyman.
Sarah Oates explained that the hearing was re-noticed and that she would provide
the notice to the clerk's office tomorrow. The notice and mailing was provided.
Sarah Oates said that the applicant requested a three foot eight inch (3 '8") side
yard setback variance for the construction ora garage. She noted that the house
did not abut any street but was only adjacent t) the alley; the site was constrained
also with the river on the other side yard. Sarah Oates stated that staff
recommended denial of the variance based upon no hardship shown, since a garage
was an amenity and not a right.
John McCormick, applicant, stated that the option of putting the garage in any
other spot than the requested spot was not possible because of the Roaring Fork
River and the constraints of the site. John McCormick said that in his opinion the
city encouraged garages in general because of the FAR exemption. He said the
design minimized the impact on the setback because the upper story of the garage
was not as large as the garage level. He noted that there was a 14-foot access
easement between his house and the next house, which willnot be changed. John
McCormick said that every other house around him had a garage, including the
employee housing, and he felt that he was being deprived the rights that were
commonly enjoyed by the other parcels around him. John McCormick stated that
the negative impact was not as significant as the positive.
CITY OF ASPEN BOARD OF ADJUSTMENT January. 4, 2001
Charles Paterson asked what would be above the garage. John McCormick
responded that he felt that it balanced the house and he would use the FAR that he
had left. Howard DeLuca asked what the easement was used for and if it were a
deeded easement. John McCormick replied that was his access but he would use
the alley to enter the garage. John McCormick stated that the easement was in
perpetuity. The garage was 21.5 feet by 12 feet.
Sunny Grossblatt, public, stated that she was the next door neighbor and the access
easement was also for the fire department for the house behind McCormick's.
Sunny Grossblatt noted that there was a berm that was to prevent through traffic in
the alley. Mark Hesselschwerdt asked to place language in the variance to assure
that the berm. would stay. Howard DeLuca voiced concern that the next owners
may think that they could remove the berm and he noted that the variance would be
granted prior to that time. Jim Iglehart said that the variance had nothing to do
with then berm. David Hoefer stated that the berm did not go with the criteria for
the variance.
A video and letter from Tom Alpern opposing the project were submitted into the
record.
Mark Hesselschwerdt stated that he had concerns because this garage to generate
more FAR and would use part of the berm; he said that he had a hard time with
this. HoWard DeLuca stated that he had a hard time with garages placed in
setbacks; he said that at least there was that 14-foot easement. Charles Paterson
said that he felt that the standards had been met from the criteria because it was an
absolute minimum; he said he agreed with the 14-foot easement in place. Jim
Iglehart said that he felt that the variance should be granted for the garage. David
Hoefer noted that not having a garage was not a hardship. The board agreed that
without the easement they would not grant the variance.
MOTION: Jim Iglehart moved approve the three foot eight inch (3'8")
variance for Case 00-14:1022 East Ityman, limiting the square footage
to two hundred fifty-eight (258) square feet. Mark Itesselsehwerdt
second. APPROVED 5-0.
Meeting adjourned at 5:00 p.m.
Jac~e Lothia'-'~ Deputy City Clerk