Loading...
HomeMy WebLinkAboutminutes.boa.20050203BOARD OF ADJUSTMENT MEETING - MINUTES - FEBRUARY 03~ 2005 Case #01-05 Request for a thirty-foot (30') front yard setback variance for the construction of a garage at 122 Eastwood Drive, the Mack Residence .................... 2 BOARD OF ADJUSTMENT MEETING - MINUTES - FEBRUARY 03~ 2005 Rick Head opened the Board of Adjustment meeting in Council Chambers with Charles Paterson, Howard DeLuca and Mark Hesselschwerdt present. Staff present: Sarah Oates, Zoning Officer; David Hoefer, Assistant City Attorney; Reed Patterson, Municipal Court Clerk; Kathleen Strickland, Chief Deputy City Clerk. Case #01-05 Request for a thirty-foot (30') front yard setback variance for the construction of a garage at 122 Eastwood Drive~ the Mack Residence. Rick Head opened the February 3rd Board of Adjustment Meeting on 122 Eastwood Drive for a 30-foot front yard setback variance. Gideon Kaufrnan introduced himself as the legal counsel for the applicant, Lorfiane Mack. David Hoefer stated for the record that 4 aff~rmative votes were needed to receive the approval. Rick Head proposed the choice to the applicant to-wait until 2 more members were appointed or to go ahead at this meeting today. Sarah Oates stated that staff recommended denial because garages were not considered a necessity but considered an amenity. Oates said variances were based on hardships on the property and not personal hardships. Gideon Kaufman distributed background materials to the board members. Kaufman said the property was annexed into the city in 1987 and when it was in the county the front yard setback was calculated at 30 feet in the R-15 Pitkin County zone district. Kaufrnan said the code stated that it was not to change development rights and to avoid creating non-conforming uses or to structures through a change in use jurisdiction. Kaufman said Exhibit C shows the city created a moderate density R-15 zone district to not create any non-conforming structures. Kaufman said Exhibit D were minutes from the City Council Meeting to create R-15b zone district. Kaufman said when the Mack's built this residence in 1973, which was well before the city annexation in 1987; a carport was shown on the plans in the same location as the garage today (Exhibit 1 & 5). Kaufman noted that when the property was annexed into the city that the property was measured from the edge of the road instead of the property line. Kaufman said the garage was permitted trader the prior county zoning but was not able to be built in this location now that it was in the city, which amounts to a severe hardship and practical difficulty. Kaufman provided history on past variances granted by the Board of Adjustment. David Hoefer stated that each case was judged on it's own merit. Kaufman read a memo from Sandra Stuller (then city attorney) regarding the right to a garage in the zone district R-15b and cited records of proceedings from the Board of Adjustment. Kaufman stated the road went right through the Mack Lot and Mrs. Mack had 2 BOARD OF ADJUSTMENT MEETING - MINUTES - FEBRUARY 03~ 2005 o health concerns, which add to safety concerns. Kaufman said there was a new drawing of the garage with windows. Public Comments: 1. Richie Cohen, public, stated that he sold the Macks the property 30 years ago and when the property was purchased they could build a garage. Cohen said not to allow a garage now was a real hardship. 2. Skip Behrhorst, public, stated that he lived at 257 Eastwood Drive and he questioned the board members if they had visited this property. Behrhorst said this was a difficult street because it was very narrow (15 to 15½ feet) and when then snow piles up it was more difficult. Behrhorst stated concern for safety of others especially backing out of driveways onto the road. 3. Glenn Horn, public and planner, stated that he worked for the City and County Planning Department from 1980 to 1989 and one of his jobs was to develop a master plan for annexation and the City of Aspen. Horn explained that the overriding objective was not to create any non-conforming situations. Horn said the R-15b zone district was written for the east side of town but the way the property was measured in the city and county was different; the county measured to the property line and the city measured to the edge of the right-of-way. Horn said the idea was to keep the setbacks the same without hardships created by annexations. 4. Donna Fischer, public, stated that she shared the same concerns that Skip does but other issues for her were the other properties on the street that did not have garages and the possibility of those properties building garages would cause more problems because of the narrowness of the street at those points. Fischer noted this property also had a shaded road in front of it and for practicality this house should not have a garage because of the narrowness of the street. 5. Carol Lee Murray sent a letter regarding the garage with the proximity to the narrow street. 6. Gideon Kaufman said there were 6 letters of support from Duane and Margaret Romero; Mr. And Mrs. G. Clausen; Jan Alling; Dale Dillingham; Dennis Choll; Gideon Kaufman and a letter from the traffic engineer, Jay Hammond. 7. Ken Canfield, public, stated concern for the variance but from what he heard today at this meeting he would not oppose it. 3 BOARD OF ADJUSTMENT MEETING - MINUTES - FEBRUARY 03~ 2005 Kaufman said the site distances will not be any different with the garage because it will be actually safer with the windows in the garage. Hoefer stated the review criteria was very important for the Board of Adjustment and was a goal to address the review criteria. Mark Hesselschwerdt said this probably was not the only place to build a garage. Hesselschwerdt asked if this garage isn't built what happens to the variance. Howard DeLuca stated this was a dangerous situation but the car was parked in the same spot the garage would be built. DeLuca said that the right was taken away by the city and the applicant had nothing to do with that; they did not create their own hardship. DeLuca said if the house were torn down then rebuilt the residence would have to be conforming. DeLuca questioned if the garage was tom down after being built with a variance does the variance go with it. Charlie Paterson said that Gideon made a good case by the city annexing this property with the promise not to have a non-conforming situation; there was no precedent set by granting this variance. Paterson said the Board of Adjustment has always been fair and they have to take each case as it comes before the Board. Rick Head agreed with Charlie on this case and the arguments that Glenn and Gideon made were compelling. Head stated the property was down zoned. Paterson said it was a safety issue to have a garage with the snow and ice in the winter. Kaufman said this was the only place to build the garage and the garage was lower than the house; he did not think that would create any more shadowing. Kaufman stipulated that if this house is tom down and rebuilt the variance would go away. MOTION: Howard DeLuca moved to approve the request for a thirty (30 ')foot front yard setback variance for the construction of a garage at 122 Eastwood Drive and Gideon Kaufman stipulated that if this house is torn down and rebuilt the variance would go away. Charles Paterson seconded. All in favor, motion carried 4-0. Adjourned. Transcribed by Jackie Lothian 4