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HomeMy WebLinkAboutminutes.apz.20050802 ASPEN PLANNING & ZONING COMMISSION - Minutes Aueust 02, 2005 COMMENTS ............................................................................................................ 2 MINUTES ................................................................................................................. 2 DECLARATION OF CONFLICTS OF INTEREST ............................................... 2 SNYDER AFFORDABLE HOUSING PUD AMENDMENT ................................ 2 ASPEN JUNIOR HOCKEY SPA AMENDMENT .................................................. 5 257 PARK AVENUE VARIANCE to the RESIDENTIAL DESIGN STANDARDS ........................................................................................................... 7 ASPEN PLANNING & ZONING COMMISSION - Minutes August 02, 2005 Jasmine Tygre opened the regular Planning and Zoning Commission Meeting in Sister Cities Meeting Room at 4:30 p.m. Commission Members Brian Speck, John Rowland, Steve Skadron, Dylan Johns, Ruth Kruger and Jasmine Tygre were present. Brandon Marion was excused. Staff in attendance were Joyce Allgaier, Sarah Oates, Chris Bendon and James Lindt, Community Development and Jackie Lothian, Deputy City Clerk. COMMENTS Ruth Kruger asked about an asset study. Joyce Allgaier said there was a county asset study. James Lindt noted that they were looking into improving the meeting spaces. Allgaier said that the city council meeting room was being upgraded. Allgaier disthbuted surveys on the Chart House. MINUTES MOT[ON: Steve Skadron moved to approve the minutes from July 5th and June 21st,' seconded by Dylan Johns, all in favor, motion carried. DECLARATION OF CONFLICTS OF INTEREST John Rowland rescued himself on the Snyder Affordable Housing PUD Amendment and the Hyman Avenue Condominiums, Subdivision and GMQS. Dylan Johns disclosed that several years ago he did some pre-development studies on the Park Avenue variance but is not involved in any way with the project now. CONTINUED PUBLIC HEARING (07/19/05): SNYDER AFFORDABLE HOUSING PUD AMENDMENT Jasmine Tygre opened the continued public hearing for the Snyder Affordable Housing PUD Amendment. James Lindt stated this was a continued public hearing by the Snyder Park Homeowners Association to finish out 8 of the 1-bedroom unit basements. Lindt said at the last meeting the commission had concerns about the ability of adding bedrooms in the basements because of the parking concerns in the neighborhood. The applicant felt that more parking on the site would hamper the dynamics of the existing site so they have not proposed additional parking but have amended their request to just finish the basements. Condition A in the resolution would prohibit bedrooms in the finished basements; staff recommended approval. Sarah Broughton stated they understood the issues of parking in the neighborhood and have looked at parking on the site but would rather not have it as a condition of approval for tonight. Dan Glick said there were 750 square feet in the basements and 750 square feet on the ground floor. Glick said that he doesn't want another 2 ASPEN PLANNING & ZONING COMMISSION - Minutes August 02~ 2005 bedroom but rather an office because his office is in his dining room. Broughton added to the record 2 letters of support from Frank McDonald from 327 Midland Avenue and Heidi Hoffman. Steve Skadron asked if basements were discussed in the original application. Tygre replied basements were not discussed. Lindt responded that basements came about in the construction phase. Ruth Kruger was not in attendance at the last heating so she will abstain from the vote. Dylan John asked if the bathrooms could be limited to a ½ baths or powder rooms. Lindt said they could propose a condition to that nature. Jasmine Tygre asked how will they police those areas so they do not mm into bedrooms. Lindt responded that the condition was based on the building code definition of what a bedroom is so what they were prohibiting was a closet, direct access to a bathroom and the intension of the room is for sleeping along with the light and ventilation requirements of the building code for a bedroom. Tygre stated that she wanted to help the people at Snyder have additional living space without going through an unenforceable condition concerning the second bedroom. Lindt replied the reality was that community development does get complaints from neighbors; there was not a good concrete way to do enforcement other than neighbor complaints. Dan Glick said the way the complex is set up you see people coming and going and everyone knows everyone and they do not want their density increased. Glick said they do not want renters or strange people coming and going. Broughton said if an owner were to sell housing does an audit on the unit. Public Comments: 1. Bill Taylor, Snyder resident, who just married Nancy said it would be great to be able to utilize the downstairs space. 2. Rob Loventhal, Snyder resident, stated he has a 1-bedroom also with the bath through the bedroom and he was very thankful to have the unit but also would like to improve the living condition. Loventhal said he has no plans to ever rent any space in his house. 3. Don Brown, Snyder resident, stated it would be nice to be able to use as a den or entertaining space outside of the dining room. Brown said he did not want to add renters. 3 ASPEN PLANNING & ZONING COMMISSION - Minutes August 02~ 2005 4. Ruth Wade, Ardmore Subdivision resident, said they all went though a long process to come up with a compromise for everybody on the initial planning of this subdivision and should stick with that. Wade said that the people who live at Snyder signed up as Snyder is now and it seems to work right now. Wade submitted a letter into the record. 5. Nancy Dahl worked on the project and she said that limiting to a ½ bath was an interesting idea but doesn't want to see a bedroom. Dahl said the neighborhood was impacted enough. 6. Antoinette LaFountaine, Snyder resident, said that she uses the room for exercise; there were telephone and television hook-ups, the rooms were carpeted and the walls were finished. LaFountaine said the bath was a very crucial thing; most homes have 2 toilets. LaFountaine said that no one wanted to rent out that space they just wanted to be able to use it. 7. John Redman, Snyder resident, said he was in a 3-bedroom and when your guests have to sleep in the living room and go through your bedroom to the bathroom that was not good. Redman said that no one was leaving their unit and they need to have more livable units. 8. Jim Rose, Ardmore, said that he lives in a free market unit with only one bathroom. Rose said the illegal bathrooms have not been addressed. 9. Bob Wade, Ardmore, said that they were happy when the project came through and nothing has changed drastically to require a change in the way that these units are used. Wade said he was against the change. Rob Loventhal said that they had a meeting with Lee from housing in the very beginning of the process when they won the lottery; Lee went through specific conditions with the unit owners if basements were rented out. Rob Loventhal said there were 2 units with finished spaces; one was Ms. LaFountaine's. Rob Loventhal said that they would never rent the space but housing had guidelines for rental. Tygre said that it was a shame that the approvals given by P&Z and Council were in a sense contradicted by the Housing Authority. Dylan Johns said to put in a ½ bath would be acceptable. Tygre clarified that would not have a tub or shower. Johns said that it should be able to be regulated through tap and permitting. Lindt said a condition was recommended that required building permits. 4 ASPEN PLANNING & ZONING COMMISSION - Minutes August 02, 2005 Steve Skadron said that he did not take lightly past debates and decisions however this decision directly lends itself to satisfying the primary goal of the Aspen Area Community Plan; he said that he could support this amendment. Skadron said that he could support Dylan's suggestion. Tygre agreed with Steve and Dylan on the ½ bath/powder room. Broughton said that they were approached by the Housing Board and Community Development to go forward with this PUD Amendment to show how affordable housing can be flexible. Broughton said none of the owners asked her to create a bedroom in the basement only a bathroom. Tygre said that she felt sympathetic for them getting conflicting information. MOTION: Dylan Johns moved to approve Resolution #22, series 2005, recommending that City Council approve with conditions, the requested amendment to allow for eight (8) 1-bedroom affordable housing units (ADA 1- bedroom unit not included) in the Snyder Park Affordable Housing PUD to finish their unfinished basements adding to Section 1 This language shall not preclude the owners from having the ability to install a powderoom (to only contain at most i toilet and 1 sink) in the basement as long as the other rooms are not intended to be used for sleeping purposes. Seconded by Steve Skadron. Roll call vote: Speck, yes; Skadron, yes; Johns, yes; Tygre, yes; Kruger, abstain. APPROVED 4-0. PUBLIC HEARING: ASPEN JUNIOR HOCKEY SPA AMENDMENT Jasmine Tygre opened the public hearing for Aspen Junior Hockey SPA Amendment. James Lindt providedproofofnotice. Lindt the request was to add a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center. P&Z was the recommending body to City Council. Lindt stated the ARC received approval in 2001 from the City for growth management review for an essential public facility with and ice and pool facility; Junior Hockey utilizes the ice facility for practice and games. Lindt said the construction would be cantilevered over the existing ice facility. Staff believed the proposed uses were accessory to the uses and they were appropriate and suggested the impacts would be minimal since most of the coaches were already at the Aspen Recreation Center for practices and games. City Council may waive mitigation requirements if they find the application promotes civic uses. Staff supported the application. .ASPEN PLANNING & ZONING COMMISSION - Minutes August 02~ 200~ Lee Pardee introduced John McBride, Rick Newton and Art Daily Aspen Junior Hockey board members. Pardee said the impacts were truly minimal and this office space would actually lessen the traffic to and from the ARC. Steve Skadron asked if this came under the allotment of square footage for Essential Public Facilities. Lindt replied that it would take away from the 28,000 square footage of commercial space allotted to the city even though it was essential public facility, which was done on an application basis of first come. Skadron asked the definition of annual. Lindt answered it began in March and if there was an excess in the allotment then P&Z reviews the additional space to be rolled over to the next year. Skadron asked how this was paid for. Newton replied they were self-funding and about 80% of the ice usage. Dylan Johns noted there was nothing in the proposed area now. Pardee replied that was true and they were almost mimicking the office on the other end of the rink for the director of the ice rink. Newton said they discussed that this meeting room could also be used for other users of this facility. John McBride stated that he was amazed by how well this rink functions but to have the meeting room in town and the ice rink at the ARC doesn't work well and it would work better to have the office and meeting space at the ARC. Ruth Kruger asked if Junior Hockey would own this property. Lindt replied that it would be owned by the City of Aspen and paid for by Junior Hockey. Jasmine Tygre asked how many seats will be removed in order to accommodate the proposal. Pardee replied that a very small number and those seats were never used to be the best of their knowledge. Tygre asked if there was no added employee generation for the ARC because they were not part of the ARC employment. Lindt replied that was correct; they were a completely separate group. No public comments. MOTION: Steve Skadron moved to approve Resolution #25, series 2005, recommending City Council approve with conditions, an SPA Amendment and GMQS review for an essential public facility for Aspen Junior Hockey to construct a 136 square foot office space and a 295 square foot meeting room in the Aspen Recreation Center, 861 Maroon Creek Road, City and Townsite of Aspen. Seconded by Ruth Kruger. Roll call vote: Rowland, yes; Speck, yes; Johns, yes; Skadron, yes; Kruger, yes; Tygre, yes; APPROVED 6-0. 6 ASPEN PLANNING & ZONING COMMISSION - Minutes August 02, 2005 PUBLIC HEARING: 257 PARK AVENUE VARIANCE to the RESIDENTIAL DESIGN STANDARDS Jasmine Tygre opened the public hearing for the variances to thc residential design standards. Sarah Oates stated this was one of two houses on a 9000 square foot lot; the houses were just being finished. Oates noted the applicant proposed a 6 foot high fence on Park and Dale. Oates said the site requests were met by this proposal but staff still recommended denial base upon the 2 criteria (1) to provide design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. (2) Be clearly necessary for reasons of fairness related to unusual site specific constraints. Oates stated there were no site specific constraints on this property and this was an eclectic neighborhood but there was no pattern for 6 foot high fences. Staff recommended denial. Oates introduced Greg Pickrell an associate of Boto Designs representing the owner. Pickrell said the reason for requesting the variance was for privacy for the courtyard pool. Ruth Kruger asked ifP&Z had seen this project before. Oates replied that the commission had under the Independence Subdivision, which was reconfigured from 2 lots into 3 lots (a 9,000 square foot lot with 2 dwelling units and 2 6,000 square foot lots). Kruger asked about the pool. Pickrell said it was a small lap pool well within the courtyard, shared by the 2 houses. Public Comments: 1. Tom Marshall stated that he lived directly across the street. Marshall objected to the variances for the fence. Marshall said the landscaping was a direct conflict with Park Avenue because you could not see down Park Avenue from Dale. Marshall said the whole neighborhood was open or had 42 inch fences; he said he had a hot tub in his front yard without a fence. 2. Ellen Marshall said that there were more creative ways to ensure privacy and the precedent setting to do a variance for a 6 foot fence was at risk. Marshall disapproved of the variance. Oates submitted letters from Neil Bennett and Todd Shaver into the record against granting the variance. 7 ASPEN PLANNING & ZONING COMMISSION - Minutes August 02, 2005 Tygre stated that in order to find approval for the variances the criteria must be met on page 2 of the memo. The commission could not support the variance because it doesn't meet the standards or criteria. MOTION: Ruth Kruger moved to approve Resolution #26, series 2005 granting a variance from Section 26.410.040 (A)(3), to allow a 6foot high fence forward of the front faqade of the house, finding that the review standards in Section 26.410.020(C) have been met for 257 Park Avenue. Seconded by Steve Skadron. Roll call vote: dohn, no; Rowland, no; Skadron, no; Kruger, no; Tygre, no, motion DENIED 5-0. Meeting adjourned at 6:20 p.m. ~kie LOthian, Deputy'city Clerk 8