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HomeMy WebLinkAboutminutes.apz.20050906 ASPEN PLANNING & ZONING COMMISSION MEETING Minutes - September 06~ 2005 COMMENTS .................................................................................................................................. 2 MINUTES ....................................................................................................................................... 2 WAGAR/DETWEILER PUD AMENDMENT, SUBDIVISION and REZONING at 517 PARK CIRCLE .......................................................................................................................................... 2 ASPEN PLANNING & ZONING COMMISSION MEETING Minutes - September 06~ 2005 Jasmine Tygre opened the regular meeting in the Sister Cities Meeting Room with Dylan Johns, Brian Speck, Brandon Marion, Steve Skadron and John Rowland present. Staff in attendance were Joyce Allgaier, Community Development and Jackie Lothian, Deputy City Clerk. COMMENTS Brandon Marion said that he will be gone for 2 months this winter and asked how that would affect his P&Z status. MINUTES MOTION: Steve Skadron requested a correction to the August 02, 2005 minutes on page 3 paragraph 2 and moved to approve the minutes from August 2, August 16 and August 30, 2005. Seconded by Dylan Johns. All in favor, APPROVED 4-0. CONTINUED PUBLIC HEARING: WAGAR/DETWEILER PUD AMENDMENT~ SUBDIVISION and REZONING at 517 PARK CIRCLE Jasmine Tygre opened the continued public hearing for the Wagar/Detweiler PUD Amendment, Subdivision and Rezoning. Joyce Allgaier and Stan Clauson provided the notice, mailing and posting. Allgaier provided the background for this application from the original 2003 PUD review. In April of 2003 a fire occurred in the duplex at 517 Park Circle; instead of rebuilding the non-conforming duplex in its original configuration, the applicants used the two developments fights on the property from the duplex and subdivided the property into two lots in order to build two single-family residences. Approval was granted for that review. Brandon Marion asked if there was a house recently built on this property. Stan Clauson replied that a house was built on Lot 2. Allgaier explained there was a PUD Amendment because the property was approved as a PUD when the property was subdivided to create 2 lots. The current proposal was to annex the adjacent piece of property (labeled A), which was held as an easement from Pitkin County to the applicants for access over the years. Allgaier stated the annexation of this parcel A was currently with City Council; that land would be incorporated into Lot 1 and then there would be a subdivision to readjust the center property line to shift and create 2 lots. Allgaier said the lots would be larger than the original and come closer into compliance with the R-15 zoning, which is 15,000 square feet but they don't quite make 15,000 square feet at ASPEN PLANNING & ZONING COMMISSION MEETING Minutes - September 06~ 2005 14,652 and 14,458 square feet. Currently the lots were at 11,237 and 11,428 square feet. Allgaier said the application created the Annexation; PUD Amendment to allow for lot sizes, which were about 500 square feet less than the required 15,000 square feet; Subdivision to create two lots and Rezone the annexed land. Brandon Marion asked if there was a request for a FAR variance. Allgaier responded that it wasn't a variance but it would establish and allow for a certain floor area. Dylan Johns stated that it was based on zoning verses before it was based on an approval. Allgaier said now the allowable floor area was based on the underlying zone using the new lot size to calculate the allowable floor area. Staff recommended approval with the conditions in the resolution. Stan Clauson stated there was a duplex on this property that burned, which was on lots 1 and 2 owned by Detweiler and Wagar; Wagar had an easement over county land for his driveway and some landscaping (parcel A). Clauson stated that Parcel A was originally part of the Mollie Gibson property; Mr. Detweiler built a straw bale house on Lot 2. Clauson said the lot line would be shifted to a more central location. Brandon Marion asked the existing square footage on the Detweiler building. Clauson replied that it was between 3300 and 3400 square feet. Allgaier stated with the original PUD it was agreed on 3400 square feet for each lot. Steve Skadron asked when the negotiation for Parcel A happened. Clauson replied subsequent to the last approval, it has been going on for about a year now. Skadron said there was an intention when this was approved a year ago and now there was an annexation, which allows a bigger house to be built. Skadron asked why wasn't the annexation proposed in the original application or some discussion of it. Clauson explained the reason was a fire; Mr. Wagar was a single man with a dog, which made it easier to find some housing and the Detweilers have a family and were desperate to get some resolution to be able to build a house. Clauson said the process for annexation took a long time. Clauson said the request for floor area was based on the table in the code. Clauson said none of the lots in the vicinity were 15,000 square feet. Dylan Johns said the density on the site remains the same only a bigger lot and bigger house. Allgaier said with the annexation the lots come into greater compliance with the R-15 Zone District and whenever there is a PUD on a property it has to come in for an amendment to the PUD for any changes. 3 ASPEN PLANNING & ZONING COMMISSION MEETING Minutes - September 06~ 2005 John Rowland asked if staff could look at sidewalks. Clauson replied there was a side walk agreement. Allgaier said that sidewalks were a requirement and included in the resolution. Tygre asked where the front yard was and the rear yard. Clauson responded that the front yard bordered Park Circle. Tygre asked if the front yard had a 25 foot setback. Clauson replied that was correct. Tygre asked if the Detweiler house had a 10 foot or 25 foot front yard setback. Clauson answered that there was a 25 foot rear yard setback granted during the PUD process because they argued that would provide relief from the tennis courts in the back because of the way the houses were situated. Clauson said that this reaffirms the change in front and rear setbacks from the original PUD. Tygre said that already exists in the PUD. Allgaier replied yes; page 4 of the staff memo was the clearest and the applicant can meet the side yard set backs. No public comments. Dylan Johns said whether the property got annexed now or before would have saved some time and trouble but ultimately it was simpler to manager this project. Johns supported the project. John Rowland said after understanding the numbers this should be approved. Brandon Marion said it seemed fine to him. Steve Skadron stated that he had trouble with the project because the original spirit or the basis the original decision was based upon was something and now a year later something else was being drafted. Skadron said that he would like to think that what is ultimately built on (this site) come from the approvals that were originally given but that was not what would ultimately happen here. Allgaier said that no land use applications would stay the same from what was approved at the original approvals to the next application. Allgaier stated that house size was discussed in length at the PUD request. Johns noted that the underlying zoning determined the house size. The commission agreed on the R-15 zoning, setbacks and subdivision for the lot line adjustment. MOTION: Dylan Johns moved to approve Resolution #29, Series 2005, for Planned Unit Development (PUD) Amendment, Subdivision and Rezoning for 517 Park Circle. Seconded by Brandon Marion. Roll call vote: Rowland, yes; Speck, yes; Brandon, yes; Skadron, no; Johns, yes; Tygre, yes; APPROVED 5-1. Meeting adjoumed at 5:40 p.m. Jackie Lothia~n, Deputy City Clerk 4