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HomeMy WebLinkAboutminutes.apz.20170801Regular Meeting Planning & Zoning Commission August 1, 2017 1 Mr. Skippy Mesirow, Chair, called the August 1, 2017 meeting to order at 4:30 PM with members Mr. Jesse Morris, Ms. Jasmine Tygre, Mr. Keith Goode, Mr. Rally Dupps and Mr. Mesirow present. Mr. Mesirow noted Mr. Spencer McKnight may arrive late to the meeting. Mr. Ryan Walterscheid recused himself from the hearing. Ms. Kelly McNicholas Kury and Mr. Spencer McKnight were not present. Present from City staff were Ms. Andrea Bryan, Assistant City Attorney, Ms. Jennifer Phelan, Deputy Planning Director and Mr. Ben Anderson, Planner. COMMISSIONER COMMENTS Mr. Goode asked if there was any update to Ms. Tygre’s previous questions regarding the Galena St Shuttle not going through the mall area beside the courthouse. Ms. Tygre believes tourists coming up from the garage may be confused as to where to board the shuttle. She believes there needs to be a connection between the parking garage and street level more obvious and accessible to those parking in the garage. Ms. Phelan replied she will ask the Transportation department. Ms. Tygre commented there seems to be unprecedented number of bicycles riding on the sidewalk. She feels the signage on the streets is confusing as to the location of the bike lanes with some in the middle, some on the side of the road and some that end abruptly. Mr. Goode agreed there are more bicyclist on the malls. Mr. Mesirow commented he recently visited other ski towns in Colorado and wanted to express his gratitude to past planners and commissioners. STAFF COMMENTS: There were none. PUBLIC COMMENTS: There were none. MINUTES March 31, 2017 & July 18, 2017 Draft Minutes – Mr. Dupps motioned to adopt both minutes and was seconded by Ms. Tygre. All approved, motion carried. DECLARATION OF CONFLICT OF INTEREST Mr. Mesirow noted Mr. Walterscheid’s previous recusal. Regular Meeting Planning & Zoning Commission August 1, 2017 2 PUBLIC HEARNIG – 718 S Galena St; 800 S Mill St– Special Review & Exemption, 8040 Greenline Review Mr. Mesirow asked if the affidavits of public notice had been reviewed. Ms. Bryan replied it was submitted, noting the published notice states the hearing starts at 4:39 PM but it is her opinion it does not make the notice defective. There is also a date field on the notice that needs to be filled in by the applicant. Mr. Mesirow then turned the floor over to staff. Mr. Ben Anderson introduced the applicant representative, Mr. Randall Henrie, Z-Group Architects. Mr. Anderson then identified the project location involves both the Durant and Fifth Avenue Condominiums. The applicant is looking to replace the non-conforming pool area shared by the two condominiums which requires a special review. Due to its location, it is also subject to an 8040 greenline review for an exemption. He then reviewed the existing site, pointing out the location of the condominium buildings and the shared pool area. The nonconforming aspects include the following. • Spans property line for the two condominiums • Pool and hot tub located in the front yard (not currently allowed per the land use code) • Height of features including retaining walls (greater than 30”) located in setback • Height of the fence in the front yard (greater than 42”) • Existing mechanical shed is nonconforming in size and location (applicant proposes removal) • Floor area for each condominium exceeds the maximum Mr. Anderson stated the applicant wishes to replace the pool because it is in significant need of repair. The land use code provides two mechanisms for dealing with nonconforming structures. 1. A cumulative amount of normal maintenance 2. Remodel or repair can go up to 40% without it being considered demolition He continued stating if the maintenance exceeds normal maintenance or demolition percentage, the code typically expects these structures to be brought into conformance. He provided slides of the existing and proposed remodel and noted the applicant is proposing to maintain the nonconformity. They propose to maintain the existing footprint, moving the hot tub into the existing foot print of the pool, remove the mechanical shed, install planter boxes, and modify the dimensions of the fence to comply with the code. The special review required to allow their proposed replacement of the nonconforming structure includes the following excerpts. • Enhance characteristic of the zone district • Consistent with purposes of the underlying zone district • Will not have adverse impacts on the neighborhood • Special aspects of the property encouraging the replacement of the structure • If replaced, no increases in the dimensional variances • Variances should be minimal to allow reasonable, continued use of the property • Literal enforcement causing unnecessary hardship Regular Meeting Planning & Zoning Commission August 1, 2017 3 Mr. Anderson stated in looking at the project in total, it clearly meets both the intent and the language of the review standards. Mr. Anderson then discussed the 8040 Greenline review. The Engineering department evaluated the application and had no concerns with the criteria. Staff finds the project meets the review criteria for an exemption. He noted the applicant initially pursued a mountain view plane review exemption as well but due to recent changes to the land use code in addition to the location and nature of this project makes it automatically exempt, so no review is necessary. Staff decided to remove this from the review. Staff finds the proposal addresses many safety and aesthetic issues and recommends approval of replacement of the pool area. Mr. Mesirow asked for questions of staff. There were none so he then turned the floor over to the applicant. Mr. Randall Henrie introduced himself and provided a vicinity map showing the two properties. He then reviewed the existing conditions including the following. • Poor soils • Continuous leaks within the pool • Age and weathering in an extreme environment • Unsafe conditions with multiple trip hazards • Fences mounted on deteriorated timber retaining walls • Potential spa and pool water quality issues due to cracking • Deteriorating appearance of inferior materials He displayed pictures of the existing conditions including the following. • Soil erosion causing cracks and depressions in the decking surrounding pool and hot tub • Equipment shed with deteriorating appearance and allows unsafe access to pool area • Unstable, deteriorating fence • Deck has lifted and separated from pool and hot tub causing trip hazards in some areas • Cracks on the decks extend into the pool and hot tub • Deteriorating timber retaining walls He said both complexes have gone thru extensive exterior upgrades in past few years. The pool area is the last feature remaining to be rehabbed. They are proposing the following: • Install a new pool shell in its existing footprint • Move the hot tub within the pool area footprint to share the mechanical resources • Replace fencing • Replace and repair decking • Remove nonconforming shed • Add planters providing greenspace and also address floor area Mr. Henri then reviewed the City’s concerns as previously identified by Mr. Anderson. Mr. Henri stated assuming the project is approved, there are some features they can make conforming. Regular Meeting Planning & Zoning Commission August 1, 2017 4 1. Mechanical shed elimination and the functions moved to an existing mechanical room already located in the Durant Condominiums. 2. Address the retaining wall violating the 30 in requirement. He provided a site plan of the proposed upgrades indicating where the mechanical functions would be located and where the retaining walls would be modified to address the violation. He then identified the features to remain non-conforming. 1. Pool will still reside in the front yard 2. Pool will still span the property lines within setbacks 3. Existing floor area will be greater than allowed even though they are reducing the amount in the pool areas. Mr. Henri provided a survey of the site and described the location of the current pool and the access points. He described what would be demolished including two trees. They met with Mr. Ben Carlsen, City Forester, regarding the two trees who agreed it would be best to remove the trees and replace them. He then provided a picture depicting the new layout with the modified access points, new trees, and new planter boxes. He provided a slide detailing the reduction in floor areas showing the decrease in floor area for each condominium. He also provided pictures of the design of the pool fence which will mimic the handrail design of the Fifth Ave Condominiums and one of the stone for the planter boxes which will mimic the stone used in the Durant Condominiums. Existing and proposed elevations of from the street and each condominium were displayed. A sectional was shown of the pool show the reduced depth of 4 ft, planter walls and graded wall. He noted the pool area is well within the backdrop of the buildings and not subject to the view planes. Mr. Henri then discussed 8040 Greenline exemption request. He stated the project does not create anything new, it simply replaces what was already there in regards to structures and grading and drainage patterns. There are no increases to the floor area. The City Forester noted the two trees are in a planter which is too small for them and one is touching the Durant building so he supports replacing them. He noted when the Durant building was remodeled all the geologic and drainage issues were considered with the rehabilitation project. He feels they meet all the exemption criteria for the 8040 Greenline review criteria. He provided pictures of the Wheeler Mountain View Plane and one showing the approximate location of the pool area which is not seen from the Wheeler Opera House which is screened by the St. Regis Hotel. He closed by summarizing why he feels the application should be approved. Mr. Mesirow asked for questions of applicant. Regular Meeting Planning & Zoning Commission August 1, 2017 5 Mr. Goode asked staff why the exterior remodel of the buildings did not appear before P&Z. Ms. Phelan replied it was only a new skin and was probably an administrative approval. She stated a non-conformity may remain as long as they meet the building code. Mr. Mesirow opened for public comment. There was none so he closed that portion of the hearing. Mr. Mesirow opened for commissioner discussion. Mr. Goode stated he has no problem with the application and others agreed. Mr. Morris moved to approve Resolution 11, Series 2017 as drafted and was seconded by Mr. Goode. Mr. Mesirow requested a roll call: Mr. Morris, yes; Mr. Goode, yes; Ms. Tygre, yes; Mr. Dupps, yes; Mr. Mesirow, yes for a total of five yes and zero no (5-0). Mr. Mesirow then closed the hearing. OTHER BUSINESS There was no other business. ADJOURN A motion to adjourn was made by Mr. Goode and seconded. All in favor, motion passed. Cindy Klob City Clerks Department, Records Manager