HomeMy WebLinkAboutminutes.boa.19980319ASPEN BOARD OF ADJUSTMENT COMMISSION March 19, 1998
Charles Paterson opened the special meeting at 4:00 p.m. in the City Council
Chambers. Board members present were: Howard DeLuca, Ron Erickson, Rick
Head, David Schottl Dan Marteneau and Charles Paterson. Jim Iglehart was
excused. Staff in attendance: David Hoefer, Assistant City Attorney; Sara
Thomas, City Zoning Officer, Jackie Lothian, Deputy City Clerk.
CONTINUED PUBLIC HEARING (01/22/98, 02/12/98, 03/05/02):
Case #98-01 Durant Condominium Association ,
Charles Paterson opened the continued public hearing for Case #98-01 Durant
Condominiums request for the addition of 5 elevators. Alan Richman,
representative for the applicant, stated the original presentation was made on
January 22, 1998 and the board requested some changes to the plans, which were
presented on February 12, 1998 with the addition of ADA ramps. Richman
provided the proper re-notice for the public hearing.
David Hoefer noted that Stephen Kanipe was present at the last public hearing
regarding the UBC and ADA requirements, which were not necessary for this
building. Dan Marteneau said that the city regulations required that common areas
be ADA accessible. Sara Thomas responded that the pool area was part of the
common area and one first floor unit would have to be ADA accessible. Hoefer
stated concern for a hardship or a practical difficulty in this case. Hoefer said that
a variance can not be granted simply for the convenience of the landowner, which
goes to the discussion of the aging population.
Richman said that the topography of the site contributed to the non-conformities of
the property.
Anne Murchison stated that she was on the Board of the Fifth Avenue Condos and
the Board Members had no problem with most of the elevators with the exception
of the one in the upper D Building. She noted that the property line was extremely
close and did not think that there would be room for the ramp. Murchison stated
that the parking lot use was a problem in the past and did not want access to the
property limited in any way.
Sara Thomas stated said the lack of access was not a hardship but nor were the true
code non-conformities a hardship.
Richman said that Elevator #5 did encroach on the neighboring property and had
hoped to work something out but had not at this time. Richman stated that #5
tower could be removed.
ASPEN BOARD OF ADJUSTMENT COMMISSION March 19, 1998
The board discussed the original poor design, of the building, the existing non-
conformities, the language of the code and the lack of hardship.
MOTION: Ron Erickson moved to approve Case #98-01, Durant
Condominium AssociatiOn for the following variances from height,
setback and floor area for thc purpose of constructing five elevator
towers at 718-748 South Galena finding that the review criteria have
been met. Rick Head seconded. Roll call vote: Erickson, no; Head, no;
Schott, no; DeLuca, no; Paterson yes. DENIED 4-1.
Minutes
MOTION: Dan Marteneau moved to approve the minutes of February
12, 1998 with the change on page 3 from "no hardship" to a hardship.
Ron Erickson seconded. APPROVED 5-0.
MOTION: Dan Marteneau moved to approve the minutes March 5,
1998. Charles Paterson seconded. APPROVED 5-0.
Meeting adjourned.
2/~ki~e Lothia~,X~)eputy City Clerk