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HomeMy WebLinkAboutminutes.boa.20050609ASPEN BOARD OF ADJUSTMENT MEETING - MINUTES June 09~ 2005 Case #05-02 Request for a thirty-foot (30') front yard setback variance for the construction of a residence on Lot 1, Block 3, Aspen Grove Subdivision ............... 2 Case #05-03 Request for a twenty-six (26) foot front yard setback variance for 102 Eastwood Drive, Kyle Boyd Residence .................................................................... 2 MINUTES ................................................................................................................. 5 ASPEN BOARD OF ADJUSTMENT MEETING - MINUTES June 09~ 2005 Rick Head opened the Board of Adjustment meeting in Council Chambers with Charles Paterson, Peter McClain, Howard DeLuca and Jag Pagnucco. Mark Hesselschwerdt and Elizabeth Atkins were excused. Staff present: Jennifer Phelan, Community Development; Sarah Oates, Zoning Officer; Jackie Lothian, Deputy City Clerk. CONTINUED PUBLIC HEARING: Case #05-02 Request for a thirty-foot (30') front yard setback variance for the construction of a residence on Lot 1~ Block 3~ Aspen Grove Subdivision. Rick Head opened the continued hearing on Lot 1, Block 3, Aspen Grove Subdivision for a 30-foot front yard setback variance for a residence and proposed driveway. Sarah Oates said this hearing has been postponed until July 14th. Motion: Charles Paterson moved to continue Case #05-02 to July 14th,· seconded by Peter McClain. All in favor, motion carried. PUBLIC HEARING: Case #05-03 Request for a twenty-six (26) foot front yard setback variance for 102 Eastwood Drive~ Kyle Boyd Residence. Rick Head opened the public hearing for a 26 foot front yard setback variance for a home at 102 Eastwood Drive. Dylan Johns representative for the applicant provided the notice and mailing. Jennifer Phelan distributed an email supporting the variance application and an amended resolution with the corrected date and name. Phelan stated the zoning was R15b and the applicant requested a variance from the required 30 feet to 26 feet for the front yard setback. Phelan said there were 3 standards the applicant should meet for a new single family residence were (1) consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and this title; (2) minimum variance that will make possible the reasonable use of the parcel, building, or structure and (3) Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty for the applicant. Staffrecommended denial because the variance request met only standard #1 and a garage is considered an amenity and not a necessity. 2 ASPEN BOARD OF ADJUSTMENT MEETING - MINUTES June 09~ 2005 Dylan Johns provided a brief history of the zone district, which was annexed into the city in 1987. Johns said the intent was not to create non-conforming structures; the property line was on the other side of Eastwood Drive. Johns utilized drawings to illustrate the existing house and carport placement on the site; a good portion of the house was in the 30 foot setback. Eastwood Drive was only 16 feet wide, which could cause some safety issues compounded in the winter with snow removal on a steep slope. Johns said the proposed design places the garage in the setback with the doors perpendicular to the street. Johns said the proposed driveway entry would allow the vehicle into the driveway and exiting backing the vehicle out into a hammerhead mm around then out onto Eastwood Drive. Johns said if they put the garage back they would create a 30 foot driveway, which would not be adequate for a mm around. Johns stated the entire living space was behind the setback, which brought the mass back away from the street. Johns provided 3 dimensional images from Eastwood Drive; the floor of the garage was about 2 ½ feet below Eastwood Drive, which would be lower than the existing carport a built up structure. Johns said highway 82 was below this lot; he said that they wanted to be respectful to the corridor of highway 82 to keep the house from overhanging that part of the road. Johns said they interpret reasonable use as also safe use and believe that the design proposes the minimum variance, which would create a safe driveway condition. Johns said that they did not think by granting this variance it would grant any special privileges. Rick Head stated this was brand new construction and was different than trying to squeeze something on an existing house; this was a clean pallet. Head noted the whole design could move down the hill a little. Johns said if they moved the house and garage back it would create the 30 foot driveway significantly below traffic to back out into on Eastwood Drive. Johns said the area is also a nice Aspen Grove. Howard DeLuca said that he agreed with Rick that there are ways of moving the house down; the grade goes from 80 to 86. Head noted the new design was not anymore invasive as the old house was now. DeLuca said the minimum variance was looked at normally; the garage sits 6 feet lower in elevation than the road and the survey shows another 4 feet to the dwelling so it was between 10 and 12 feet lower in elevation. DeLuca said if the entire house was moved 8 to 10 feet down the hill there would not be any situations created and the variance requested would be less than what was requested now. DeLuca said that would be a reasonable reqUest versus the ultimate request of the garage in the setback. Johns said they wanted to keep the house as far away from the crest of the berm as possible so that ASPEN BOARD OF ADJUSTMENT MEETING - MINUTES June 09~ 2005 it was not impacting the community at large and reducing the non-conformity on site. Public Comments: Eric Musselman said that he was an attorney for a homeowner across Highway 82. Musselman asked if the berm was inside of the orange building envelope. Johns replied that it was. Musselman asked if they would build up to the berm or over the berm. Bill Pollock, Zone 4 Architects, utilized a photo to show the proximity of Highway 82 with screening. Johns said that if they moved the house 10 feet they would be close to the berm. DeLuca asked the setback from Highway 82. Johns replied that it was a typical rear yard setback. Jag Pagnucco said that Eastwood Drive was a non-conforming road, which impacts the setback. DeLuca explained that buying a non-conforming property was not a hardship; you can not create your own hardship. Charlie Paterson said that there was a practical difficulty in trying to design this house. Paterson said moving the house towards Highway 82 was a disservice to the view plane and to the building because you are closer to the highway noises. Paterson said there was a safety issue with the backing into Eastwood Drive. Paterson suggested a one-car garage rather than a two-car garage then it would not be as great in the setback. DeLuca agreed with Charlie about the safety issue and the one-car garage to lower the impact. DeLuca said this was a brand new house and did not think that the variance should be as extreme as requested. Jag Pagnucco stated the variance requests were always case by case and he said that he would approve this variance. Peter McClain stated that he liked the design of the house and did not think because of the safety issue and the narrowness of the street he would vote for this variance. Motion: Charles Paterson moved to approve the request for a twenty-six foot front yard setback variance for the construction of a garage and residence at 102 Eastwood drive finding that the review standards have been met. dag Pagnucco seconded. ,,Ill in favor, approved. 4 ASPEN BOARD OF ADJUSTMENT MEETING - MINUTES June 09~ 2005 MINUTES Motion: Charles Paterson moved to approve the minutes from May 19, 2005; seconded by Peter McClain. .'Ill in favor, approved. Howard DeLuca resigned from the Board of Adjustment because he is moving to Basalt. ackie Lothian, Deputy City Clerk