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HomeMy WebLinkAboutminutes.boa.20021010CITY OF ASPEN BOARD OF ADJUSTMENT October 10, 2002 Disclosure o£ Conflicts of Interest ............................................................................. 2 Case #02-05, Martino, 173 McSkimming Road ....................................................... 2 MINUTES ................................................................................................................. 4 CITY OF ASPEN BOARD OF ADJUSTMENT October 10, 2002 Charles Paterson opened the City Of Aspen Board Of Adjustment meeting at 4:05 p.m. with Mark Hesselschwerdt, Greg Hughes, Rick Head, Howard DeLuca, Jim Iglehart and Bill Murphy present. Staff in attendance: David Hoefer, Assistant City Attorney; Sarah Oates, Zoning Officer, Jackie Lothian, Deputy City Clerk. Disclosure of Conflicts of Interest None. PUBLIC HEARING: Case #02-05, Martino, 173 McSkimming Road Charles Paterson opened the public hearing for Case#02-05- Ema and Larry Martino, 173 McSkimming Road. The applicant requested a 15-foot front yard setback variance for the construction of a single-family residence. David Hoefer stated that the notice was provided and the board had jurisdiction to proceed. David Hoefer stated that for the record since there was a full board, the following would be the voting members on this case: Paterson, Head, Iglehart, DeLuca and Murphy; there had to be 4 positive votes in order for the variance to be granted. Sarah Oates stated that staff recommended denial based upon the review that standards #2 and #3 were not met; based upon topography requirements, which were the issue of accessing from a private road that was the same as a public road. Oates noted that the setbacks were not from property line but from the easements. Scott Lindenau, representative for the applicant, stated this was a hardship because this unimproved road serviced 3 houses, if they have to move the new house there will be a hardship because of the loss of trees, other houses loosing views, drainage issues and access problems. Lindenau said that the current house was a non- conforming duplex with drainage problems. Lindenau stated that to push the garage down would cause access problems and they would have to fill 14-16 feet or use a bridge to get to the garage. Lindenau reiterated the loss of trees; drainage, infill and road issues caused a hardship. Lindenau said that granting the variance would not cause an undue special privilege. David Hoefer reminded the board that it was a minimum variance that could be granted. Hoefer asked how the applicant came up with 15-feet for the variance request. Rick Head stated that with respect to #4 there were easements and a 20-foot ditch. Head said that utility easements were not unique to this property and that there was no hardship. 2 CITY OF ASPEN BOARD OF ADJUSTMENT October 10~ 2002 Howard DeLuca asked for letters from the neighborhood. DeLuca said that Lindeanu worried about the neighbors' views; he asked what v~ews would be impacted if the house were lowered. Mark Hesselschwcrdt asked if this prope~y were subject to the residential design standards, Mark Hesselschwerdt said that this seems like the design could be different to fit into the setbacks. Lise Bodek, next-door neighbor, stated that the applicant never spoke to her; she stated that the road was not in the right place. Bodek said that if the road were moved then there would not be a problem. Lise Bodek said the new building would not hurt the views; she said the lot was clear-cut before the Martinos bought the house. Bodek stated that if the side of the hill was watered then the trees would grow more. Bodek said that she can see from her kitchen window and that they were making more out of the vegetation as a problem if cut down. Bodek said that there was serious drainage that comes down between the 2 lots. Bodek mentioned that this road could also serve the 5 lots owned by Jones. Lise Bodek stated that she was against the variance. Bodek said that she also had planted evergreens, which the tops were cut off but that was before the Martinos owned the property. Lindenau's assistant said that the photos speak for themselves about the number of trees on the property. Howard DeLuca asked the number of parking spaces required. Sarah Oates replied that 2 were required. Rick Head said that after reviewing Scott Lindenau's hardships, they were all subjective and aesthetic. Head questioned why Lindenan couldn't build without going into setbacks when building a new house. Bill Murphy stated that he was in agreement. Mark Hesselschwerdt stated that this was definitely a tough design issue but it was the nature of the lot and that with more imagination a good product could be designed within the setback requirements. Howard DeLuca agreed and said that it was an expense situation because there were ways to mitigate for trees and drainage; the view situation could impact more but there was no real practical difficulty. Jim Iglehart agreed with Howard, Mark, Bill and Rick. 3 CITY OF ASPEN BOARD OF ADJUSTMENT October 10, 2002 Charles Paterson disagreed with the rest of the board members because he said that the placement of the house should be where the applicant requested. Paterson said that it doesn't make sense to move the house down 15 feet because of loosing the trees. Greg Hughes agreed with Charles. MOTION: Rick Head moved to approve the request for a 15-foot front yard setback variance for the construction of a single-family residenCe finding the review standards have been met. Seconded by Howard DeLuca. Roll call vote: Murphy, no; Iglehart, no; DeLuca, no; Head, no; Paterson, yes. DENIED 4-1. MINUTES MOTION: Rick Head moved to approve the minutes of September 5, 2002; seconded by Bill Murphy. APPROVED 5-0. Sarah Oates stated that there would be a meeting next week on October 17th. The board took a secret ballot vote for the chair and vice-chair. Rick Head was elected chair and vice-chair was Charles Paterson. The meeting adjourned at 4:45 p.m. e Lothian,~ Deputy City Clerk 4