HomeMy WebLinkAboutminutes.apz.20040601ASPEN PLANNING & ZONING COMMISSION Minutes JUNE 01, 2004
MINUTES .................................................................................................................................... 2
DECLARATIONS OF CONFLICTS OF INTEREST ..................................................... 2
633 WEST NORTH STREET RESIDENTIAL DESIGN STANDARDS
VARIANCE ................................................................................................................................ 2
1201 RIVERSIDE DRIVE REZONING ............................................................................. 2
1300 MOUNTAIN VIEW DRIVE RESIDENTIAL DESIGN STANDARDS
VARIANCE ................................................................................................................................ 2
777 CASTLE CREEK DRIVE RESIDENTIAL DESIGN STANDARD S
VARIANCE ................................................................................................................................ 3
ASPEN PLANNING & ZONING COMMISSION Minutes JUNE 01,200a
Roger Haneman opened the regular Aspen Planning & Zoning Commission
Meeting at 4:30 pm in the Sister Cities Meeting Room. Members Roger Haneman,
Jack Johnson, Dylan JOhns, Steve Skadron and Ruth Kruger were present. Jasmine
Tygre, John Rowland and Brandon Marion were excused. Staffpresent: David
Hoefer, Assistant City Attorney; James Lindt, Joyce Allgaier, Community
Development; Jackie Lothian, Deputy City Clerk.
MINUTES
MOTION: Jack Johns°n moved to approve the minutes of May 18, 2004 with
changes to page 8 ¶1 and adding Steve Skadron as the alternate to the Civic
Master Plan COWOP; seconded by Ruth Kruger. APPROVED 5-0.
DECLARATIONS OF CONFLICTS OF INTEREST
None.
PUBLIC HEARINGS:
633 WEST NORTH STREET RESIDENTIAI, DESIGN STANDARDS
VARIANCE
1201 RIVERSIDE DRIVE REZONING
Roger opened the public hearings on 633 West North and' 1201 Riverside.
MOTION: Ruth moved to continue the public hearings on 633 West North
Residential Design Standard Variance and 1201 Riverside Rezoning to June 15th;
seconded by Dylan Johns. APPROVED 5-0.
PUBLIC HEARING:
1300 MOUNTAIN VIEW DRIVE RESIDENTIAL DESIGN STANDARDS
VARIANCE
Roger Haneman opened the public hearing on 1201 Riverside Drive. David
Hoefer stated the notice had been provided. Joyce Allgaier distributed new
information dated 6/6, which should be 6/1. Allgaier said that the changes were
positive that Mr. Emerick made and still place the garage next to the existing house
6.9 feet behind the front faqade requiring 3.1 feet variance instead of 10 feet.
Allgaier stated the two criteria that apply Were that it provides an appropriate
design or pattern of development considering the context of the neighborhood and
it clearly is necessary for reasons of fairness related to unusual site-specific
constraints.
No public comments.
ASPEN PLANNING & ZONING COMMISSION Minutes JUNE 01~ 200a
MOTION: Ruth Kruger moved to approve Resolution #1& Series of 2004, a
Variance to the Residential Design Standards allowing the front fagade of a
garage be setback 6.9feet further from the street than the front-most wall of the
house at 1300 Mountain l/iew Drive. Seconded by Dylan Johns. Roll call vote:
Johnson, yes; Kruger, yes; Johns, yes; Skadron, yes; Haneman, yes. APPROI/ED
5-0.
Discussion: Kruger said that the request falls into the criteria that it is clearly
necessary for reasons of fairness related to unusual site-specific constraints in an
attempt to save the trees.
CONTINUED PUBLIC HEARING:
777 CASTLE CREEK DRIVE RESIDENTIAL DESIGN STANDARDS
VARIANCE
Roger Haneman opened the hearing on 777 Castle Creek Drive reSidential design
standards variance. David Hoefer noted this was a continued hearing and the
notice had been provided.
James Lindt stated the request from the residential design standards for Charles
and Nancy Wall to construct a fence that is greater than 42 inches tall in front of
the front faCade of their duplex at 777 Castle Creek Drive. The property is lOcated
on the comer of Cemetery Lane and castle Creek Drive, across the street from Red
Butte Cemetery. The applicant proposed construction of a 6-foot tall privacy fence
along Cemetery Lane and a 4 foot 6 inch tall iron fence along Castle Creek Drive
in order to keep dogs in the yard. Lindt explained the portion of the 6-foot fence
that was in front of the side of the house and the entire iron fence were the variance
requests. Lindt noted there were many fences along Cemetery Lane and Castle
Creek Drive that were taller than 42 inches tall; staff believes that this fence
pattern is consistent with the fence pattern in the vicinity but the proposed request
contradicts the intent of the standard, which is to provide a pedestrian friendly
relationship with that of the private realm of the residences. Staff believes that
there were other means to keep dogs within the yard without necessitating a fence
height variance. If the commission approves the variance there were conditions in
the resolution, which speak to protecting significant trees on Castle Creek Drive.
Nancy Wall explained if the adult dog could not get his head over the top of the
fence then he will not jump it and the purpose was for the safety of the dog that
will be a show dog and not an attack dog. Ms. Wall introduced Crystal Lyons
from the Lyons Fencing Company. Wall said the fencing will be inside the trees
so the trees will not be disturbed. It will be an open fence on Castle Creek Drive;
she distributed photos of the neighborhood. Wall said there was not a lot of traffic
ASPEN PLANNING & ZONING COMMISSION Minutes JUNE 01,200a
on Castle Creek Drive without a sidewalk in front of the house or on the Cemetery
Lane side of the house.
David Hoefer reminded the commission that they were not a board of equity but
rather the commission should focus on the criteria.
Dylan Johns asked if the Cemetery Lane improvemems were finished and if there
were any sidewalks proposed on the east side of Cemetery Lane or on Castle Creek
Drive. Lindt replied the majority of the improvements were completed on
Cemetery Lane and no sidewalks were proposed for either street.
Jack Johnson asked what the other fences were like in that area. Lindt replied that
they were greater than 42 inches primarily both on Cemetery Lane. and Castle
Creek Drive (6 foot tall wood privacy fences on Castle Creek constructed prior to
residential design standards being enacted as well as Cemetery Lane). Johnson
asked if the applicant intended to use an electric dog fence. Wall replied that she
did not intend to do that but a concern that she had because of the Cemetery and
the bears a fence would be a deterrent if the fence were taller.
Public Comments:
John Callahan, public, spoke in support of the fence and favorably for the Walls.
Steve Skadron asked how unfriendly would this fence make the area. Lindt
responded the area was already pedestrian unfriendly because of 6 foot fences
along Castle Creek and Cemetery Lane but the intent of the standard is on a parcel
by parcel basis. Lindt explained the fence regulations allow a privacy fence up to
the from fafade of the house.
Dylan Johns noted there was not a lot of pedestrian traffic on this side of the street
with the sidewalk on the other side of Cemetery Lane; this fence would screen
from the road. The open nature of the iron fence lends itself to what the design
standards intend to accomplish.
Hoefer caution the commission because the variance runs with the property so
unless there would be a certain type of fence condition in the resolution.
Johnson stated that he would need to know in the furore this would not become a
wooden privacy fence at this height. Mrs. Wall agreed to a condition for the open
nature of the front fence no greater than 42 inches in height. The resolution will be
recorded with the fence drawing cut sheets attached.
4
ASPEN PLANNING & ZONING COMMISSION Minutes JUNE01, 2004
MOTION: Jack Johnson moved to approve Resolution #20, 2004 for residential
design standard variance to construct a six (6) foot tall horizontal wood fence along
Cemetery Lane and a four foot and six inch (4'6") tall fence along Castle Creek
Drive on the property located at 777 Castle Creek Drive, Units A and B of the
Castle Creek Drive Townhomes a) Provide an appropriate design or. pattern of developme, nt
considering the context in which the development is proposed and purpose of the particular standard. In
evaluating the context as it is used in the criteria, the rev/ewing board may consider the relationship of the
proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity
as the board feels is necessary to determine if the exception is warranted; or, b) Be clearly necessary for
reasons of fairness related to unusual site-specific constraints. Seconded by Steve Skadron.
Roll call vote: Johns, yes; Johnson, yes; Skadron, yes; Kruger, yes; Haneman, yes.
APPROVED 5-0.
The commission discussed the site constraints of the property justifying the fence.
Steve Skadron and Roger Haneman will attend the Civic Center Master Plan
meeting June 2, 2004.
A.djo,ume,d St 5 ~30 pm.
~l/ackie Lothian, Deputy City Clerk