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HomeMy WebLinkAboutminutes.apz.20050419ASPEN PLANNING & ZONING COMMISSION - Minutes - April 19~ 2005 DECLARATION OF CONFLICTS OF INTEREST ............................................... 2 530 and 552 WEST HOPKINS COURTHOUSE VIEWPLANE EXEMPTION .... 2 BELLY-UP BAR GMQS EXEMPTION ................................................................. 5 ASPEN PLANNING & ZONING COMMISSION - Minutes - April 19~ 2005 Jasmine Tygre opened the regular Planning and Zoning Cornmission Meeting in the Council Chambers at 4:30 p.m. Commission Members Brian Speck, John Rowland, Dylan Johns, Jack Johnson, Ruth Kruger, and Jasmine Tygre were present. Steve Skadron and Brandon Marion were excused. Staff in attendance were Chris Bendon, Sarah Oates, Community Development and Jackie Lothian, Deputy City Clerk. DECLARATION OF CONFLICTS OF INTEREST None. CONTINUED PUBLIC HEARING (04/12/05): 530 and 552 WEST HOPKINS COURTHOUSE VIEWPLANE EXEMPTION Jasmine Tygre opened the continued hearing on the Conner Cabins Viewplane. Chris Bendon said this review process was an older section of the code from the early 1970s. Bendon said the viewplane was either a big deal or a small deal and not much more to go on from the code. The view plane language from the code is: Mountain view planes. Development within designated mountain view planes as set forth in Section 26.435.050 shall be subject to heightened review so as to protect mountain views from obstruction, strengthen the environmental and aesthetic character of the city, maintain property values, and enhance the city's tourist industry by maintaining the city's heritage as a mountain community. Bendon said there were 2 Courthouse view planes that were being considered Court House 1 and Court House 2. Mitch Haas, planner for applicant, said they have updated the presentation so it is easier to understand. Paul Cutler, architect, provided a redone series of photos and elevations with more accurate shading and light. Cutler said the 3rd floor steps back 2 feet and the parapets were brought down; the design was adjusted. Haas said that this project will protect and enhance the city's heritage. Public Comments: 1. Frank Goldsmith said he has been watching these houses deteriorate and it will be good for town and the viewplane was minor. 2. Toni Kronberg said this should go through a PUD application process and protected viewplanes shall not be touched, the viewplanes were protected for a reason. Kronberg said that views were timeless and could not be replaced. 2 ASPEN PLANNING & ZONING COMMISSION - Minutes - April 19~ 2005 3. Steven Kinney stated that he was in favor of the project and the 3 houses were an eyesore; he said the viewplane would not be affected or a determinate to the community. 4. Emie Fyrwald said this was a good example of the code language superseding common sense. Fyrwald said this was a perfect solution for this piece of property. 5. Rick Schultz stated he owned the autograph shop across the street; he said this was a nice blend and a real upgrade to the area. 6. Nancy Zirbel agreed with Frank and Emie and that the viewplane would not be seen because of trees for half of the year. 7. Beth Mondry stated the houses were an eyesore and this was an opportunity to have something really wonderful happen on that comer being an architectural asset to this town. Mondry said this was below the maximum height. 8. Mary Ryerson said that she was with Alpine Bank, a neighbor of this project. Ryerson said that they were excited about the project because it would revitalize the area blending the residential and commercial. 9. John Olson reiterated what the other people have said tonight; he said the applicant went through so much review already and this was a good product. 10. Jim Pomeroy said he has known the Conner family his whole life and he said they were committed to making a positive change. 11. Jeffrey Halferty stated support for the Conner project to preserve the cabins and create a pedestrian amenity. 12. Paula Brodies said that she managed the Aspen Plaza Building, which was built in 1980; she supported the project. 13. Derek Skalko echoed the positive feedback for the project. 14. Lee Keating stated support for the project. Jack Johnson requested maps and photos of each viewplane in town with the elevation points. ASPEN PLANNING & ZONING COMMISSION - Minutes - April 19~ 2005 Jasmine Tygre said one thing that has made it difficult for P&Z were the trade offs for open space etc that were never part of the P&Z discussions because they were handled at the HPC level. Tygre said the only thing that P&Z was to review was the viewplane. Haas said they did not discover the need for viewplane review until they were in the HPC process. John Rowland stated that he was in favor of the project; it could have been much taller that it was and a minor impact on the mountain viewplane; it infringes on the Ute Trail. Dylan Johns appreciated the additional material, which was helpful and the modifications that reduce the impact. Johns liked the building design better from the changes; there was a greater community goal. Johns supported the project. Jack Johnson agreed that it strengthened the aesthetic character of the city and it was a great project meeting the goals of the Aspen Area Community Plan, HPC guidelines and commercial zoning. Johnson said the language regarding the viewplane was terribly vague and he had to be a strict constructionist or there wouldn't be mountain viewplanes at all. Johnson said there were only a few blocks that would be in the mountain viewplane given the height restrictions and the angle of declination of the viewplane itself so if they were not strict in these 2 blocks of mountain viewplanes where would they be strict. Brian Speck said reiterated his vote from last week; he was excited about the project and felt the project was designed for the downtown core. Speck said the mass was acceptable. Ruth Kruger hoped for more information to make a better decision and she was delighted to hear from all the public support. Kruger said the design enhanced that comer and the block will be revitalized. Kruger asked if losing the viewplane of 11 to 13 feet on the one comer was more important than preserving the 3 historical gems, which will bring vitality to this area. Kruger supportted the project. Tygre stated that the members of the commission wrestled with this application because many commissioners find merit in the project. Tygre commended the applicant for making the adjustment that they have made lessening the intrusion into the viewplane but she felt strongly in protecting the viewplanes so she could not support the viewplane. MOTION.. Brian Speck moved to approve the Mountain l/iew Plane exemption from the two (2) designated Court House View Planes to allow for the construction of a thirty-one foot tall addition to each of the two (2) westernmost Conner Cabin 4 ASPEN PLANNING & ZONING COMMISSION - Minutes - April 19~ 2005 properties located at 530 and 532 East Hopkins Avenue, on the east 7 '6" of Lot P, and all of Lots Q and R, Block 93, City and Townsite of Aspen. Ruth Kruger seconded. Roll call vote: Johnson, no; Rowland, yes; Johns, yes; Kruger, yes; Speck, yes; Tygre, no; APPROI/ED 4-2. Public Heating: BELLY-UP BAR GMQS EXEMPTION Jasmine Tygre opened the public hearing for 450 South Galena Street the GMQS Exemption for the Belly-Up. Sarah Oates provided proof of notice. Oates explained the request was by Michael Goldberg, owner of Belly-Up to do a 200 square foot expansion for an elevator and 2 vestibules. Oates said the elevator was required to make the subgrade space acceptable; it was an agreement with the building department that was required to the upgraded space. The housing authority agrees that the proposal will not generate any more employees and agree that the employee mitigation be waived. Oates said there was a condition of approval that there would be no expansion of commercial use into the airlocks. Staff recommended approval. Steven Dunn from Reno Smith Architects stated there were 2 things to do in this remodel; the first was the elevator and the second is the stairs, which had to be widened for egress. Dunn said about 95 or the 200 square feet would be for mechanical for the elevator. Jasmine Tygre asked the number of employees. Michael Goldberg replied there were 15 working an average show. John Rowland asked why the elevator did not service the upper floors. Dunn replied that the space leased was the lower level and there was no reason to access the upper levels. Public Comments: 1. Dan Johnson stated that he rented the T-Shirt Shop for almost 23 years; he asked if the elevator went to the 2nd floor would those stairs leading to the upstairs be eliminated. Dan Johnson said there was a stairway in the back of the building. Dan Johnson said the elevator would block his windows. Dan Johnson asked that the construction be done in May or November. 2. JeffHalferty said that he has been consulting on this space for about 10 years and this was the most logical solution for the good and welfare. Halferty supported the project. 5 ASPEN PLANNING & ZONING COMMISSION - Minutes - April 19~ 2005 3. Paula Brodios stated that she represented this building and said that they have explained to Dan Johnson that they would give him a new entrance. Sarah Oates said there was a moratorium on right-of-way permits in the winter and restrictions on right-of-way encroachments during the summer because it is busy. Tygre stated that you can not require some one to make an improvement to property that he does not control. Jack Johnson asked if the commission has imposed any restrictions when reviewing GMQS Exemption rather than PUD. Jennifer Causing, Holland Hart, replied that under 26.470.80(B3b) in the code an allotment application for GMQS could be considered for commission approval with or without conditions. Bendon stated this review criteria were focused on the 200 square foot addition. MOTION: Brian Speck moved to approve the proposed GMQS Exemption to expand the commercial use at 450 South Galena Street by 200 net leasable square feet with the following conditions: 1. The applicant shah obtain a building permit prior to the commencement of construction for both the elevator and airlocks. 2. Any expansion of commercial use into the airlocks (i.e. coat check station) shall require review by the Community Development Department and Housing Authority Staff to determine additional impacts. Johnson seconded. Roll call vote: Rowland, yes; Johnson, yes; Johns, yes; Kruger, yes; Speck, yes; Tygre, yes) APPROVED 6-0. Discussion: Kruger asked the construction crew to be sensitive to the other tenants in the area. Tygre stated concern for buildings that have never mitigated. Jack Johnson shared Jasmine's concern. Meeting adjourned at 6:30 p.m. /,(ackie Lothianl Deputy City Clerk 6