HomeMy WebLinkAboutminutes.apz.19890808
~:xu
RECORD OF PROCEEDINGS
PLANNING & ZONING COMMISSION
AUGUST 8. 1989
Chairman Welton Anderson called meeting to order at 4:30pm.
Answering roll call were Richard Compton, Bruce Kerr,
Herron, Mari Peyton, Roger Hunt, Jasmine Tygre and
Anderson. Graeme Means was excused.
Michael
Welton
COMMISSIONER COMMENTS
Jasmine: I had asked about the Community Center and the
possibility of the city and Housing Authority buying that and
using it for employee housing. Has anything further happened on
that?
Tom: It is a site that we are looking at and seriously
considering for affordable housing.
Jasmine: If the City and County owned it jointly, it would be a
very good experiment. That could certainly be zoned for
permanently restricted affordable housing. It is a small enough
site that it wouldn't be a big block buster but big enough to see
what could be done with it.
Tom: We agree. We think that is a very strong possibility.
Mari: I know it is too late for this but the Winfield Arms was
condominiumized and it went on the market last week. All 28
units were snapped up. I just wonder why the Housing Authority--
I mean that would be a perfect opportunity to provide housing for
those kind of people who live here and work here and now it is
gone.
Tom: One of the options that you all provided for in the
Masterplan was to purchase marginal lodges or marginal multi-
family structures. Right now the Housing Authority is focused on
Red Roof, Marolt etc. I think that is all that they are seeing
right now.
Mari: If it went through condominiumization--
Jasmine: It wasn't a secret!
Mari: As far as I know most of the people who bought were just
investors. They weren't people buying to have a place to live.
The building when it was sold originally could have been bought
for about $50,000 a unit.
Jasmine: That is something that should be pursued more actively.
PZM8.8.89
Roger: Regarding last night's meeting. I came out of the
Council meeting totally confused as to what is happening here.
It is the first time I have ever known the city to be the planner
for private property. This is a new place for us to be in.
I am also confused because Bill stirling said to go ahead with
the SPA without prejudice which seemed like the incongruous
statement of the century. What is going to happen here?
Tom: It was pretty clear last night that the Council was more
concerned with the developing plan than to go in there and zone
it. They want a community-wide consensus built for the property.
Roger: What was this SPA for? The whole process? It was a
rather strange process. It was a work session yet not much work
got done as far as I was concerned as far as an interchange
between City Council and P&Z. If that is a work session--what is
the point? I find it very incredible.
Welton: I would like to make a suggestion of the Commission that
in the hot summer months that we move from the hottest part of
the building to the city Council Chambers for our meetings.
MOTION
Jasmine: I make a motion to that effect.
Mari seconded the motion with all in favor.
STAFF COMMENTS
There were none.
PUBLIC COMMENTS
There were none.
BARKER 8040 GREENLINE REVIEW
CHOAG)
Michael excused himself from this hearing because of a possible
conflict of interest.
Leslie: staff recommended tabling this application until further
information could be provided from the applicant. However I
would like to go through the memo on the presentation and then
indicate to you where we think the holes are as far as the
information needed to make a recommendation on this proposal and
then let the P&Z decide whether we have enough information to go
forward or to table.
2
PZM8.8.89
Leslie then made presentation as attached in record.
staff wanted to see a more lengthy and in-depth report regarding
the ability to construct a home on this site that could withstand
avalanche forces.
There are two pieces of information that were asked for under
that tabling memo that staff has not received yet. One being
that we asked for specific recommendations from geotechnical
engineer as to the ability to construct a house on that slope.
Chen has given us those recommendations. We need to know from
the applicant as to whether these recommendations are going to be
followed.
staff had asked for a complete drainage plan of the site and show
the impacts of development on the site. A drainage plan was
submitted and it did address drainage impacts on the particular
site. However there is some concern that it does not address the
Forest Service property down here and what happens to drainage
down there. We are recommending that the Forest Service review a
plan and sign off a drainage plan that also addresses their
property.
The 8040 criteria addresses this particular proposal. There are
2 outstanding issues that are in conflict with the 8040 review.
The first is the road. The road right now is a utility and
public trail easement. The Nordic Council feels that they have
invested a lot of time and money in it. The city has invested
money into upgrading this road as a nordic trail and there is
quite a bit of concern regarding vehicular access on that road
and that road being used as a trail easement for nordic skiers
and also hikers and bikers in the summer time.
There is also concern from abutting property owners on lots 4 and
5 that that access was never intended for vehicular access and
they are concerned about traffic.
The applicant has proposed to widen the road and to essentially
go in 12 feet along the road so that access is totally on lot 3
and is not on lots 4 and 5. Staff has concern regarding whether
that would take care of the conflictual problem with the trail
easement and vehicular access. And also the idea that if it is
necessary for the applicant to widen the road it may be necessary
to widen the road in the Forest Service section to get into that
increased portion of the road. The Forest Service has indicated
that any amount of construction that is done on their land even
though there is special use permit for that road that they would
need to review an application and sign off on that application.
3
PZM8.8.89
It is similar to what happened when they proposed the upper road.
Originally approval was given pending Forest Service approval of
any road cut and then the Forest Service denied that road cut.
The Nordic Council in the past reached an agreement with the
applicant that snow pack would remain on the road. The Fire
Marshal has indicated that the road does not have to be
maintained for fir vehicle access if the house is sprinkled.
At some points there is not land where it is platted. So if he
were to widen the road, take over the whole width of the road on
his property, there are points where the trail would not be 12
feet wide which is what is platted. There are points where the
land has sluffed off sufficiently enough where it is only 6 feet
wide. The applicant has proposed that when he goes in and cuts
in to the hillside that he will then replace the fill down here
to give us wider easement.
Our major concern with widening the road is that an increased
road cut will remove additional terrain and then we will have
perhaps a 24 foot wide road vs. just a 12 foot wide road. The
applicant has since proposed a boulder retaining wall that will
reduce the necessary slope cut. Our Engineering Department has
requested a vertical tie-in retaining wall that even reduces that
slope in order to preserve as many trees as possible.
The Parks Department has estimated that about 100 trees would be
lost in widening the road and that each one of those trees would
have to be replaced.
Criterion #7 regarding height and bulk; the total square footage
of this building is estimated to be 4, 792sqft. The proposed
building has an approximate 98ft wide facade stretching across
the hillside. The height is approximately 38ft. In the
Conservation zone the height is 28ft.
Although the applicant proposed to use hand hewn Lodgepole pine
logs, staff feels that the size and bulk of the building and the
way it stretches across the hillside is inappropriate with he
goals of 8040 Greenline Review.
Staff has recommended tabling this application primarily because
of the outstanding issues surrounding the road.
Bruce: Is there a piece of Lot 4 located south of Lot 3--an arm
that comes off of lot 3? Is there any access or easement going
across Lot 3 connecting Lots 4?
Someone answered yes.
4
PZM8.8.89
Mari: The road that is there now was approved by who?
Leslie: In 1971 when subdivision was originally approved there--
it identifies that road as utility and trail easement.
Richard: On the original plat was there any access indicated for
vehicular access to that lot?
Leslie: Fred Gannett and I when looking on the plat that says
that this is a 15ft wide utility/trail easement. The Lot
panhandles down and Fred's interpretation that this panhandle was
created to allow access to Lot 3. The proposal for the upper
road was to come out of the Forest Service land across Lot 4 and
come in to the site somewhere along this plain. And that was
denied by the Forest Service.
Marty Pickett, representing Joe Zaluba: We certainly are going
to follow the recommendations of Chen and Associates. That is
why they were hired and retained. They were retained to totally
monitor the project and worked closely with Jim Gibbard during
this process. The first we hear of wanting something on the
Forest Service property was in the memo. We are certainly
willing to extend the drainage plan.
As far as the Forest Service goes we have a 20ft easement across
their property to access this lot. This current road is only 12
feet wide so we have no problems with expanding that to 20 feet
if necessary. The special use permit from the Forest Service is
so that Lot 3 owner may get to Lot 3--this panhandle by virtue of
coming through the Forest Service.
Then in the plat it shows this utility and trail easement that it
really straddles the property line. It straddles these lower
lots and this panhandle of Lot 3. So originally what we propose
to do is just leave the existing road where it is and then we
would just add whatever we need to so that we would have 12 foot
driveway on Lot 3. And at one point the Planning Dept. asked us
to put a fence down to separate the 2 uses. Then they realized
this had sluffed of so much that in some places there would only
be 6 feet left on the side where the easement really does exist.
Then we said what we will do is build this 12ft driveway just on
our side of the property--we will help with our fill, we will
help construct at the Engineering Dept. direction to have a 12
foot trail easement on this side. What you have then is a
property line with a 12ft driveway and a 12ft trail.
Jasmine: So they will be right next to each other?
Marty: Yes.
5
PZM8.8.89
Bruce: Is this a special use permit or is it an easement?
Marty: It is a special use permit from the Forest Service. It
is not recorded in Pitkin County property records.
Brooke Peterson: I would remind P&Z that they have dealt with
this issue 3 times already with reference to vehicular use of
this road. And in fact, the easement granted to the city for the
use of the Nordic Council contemplates the vehicular use of what
is disputed as whether or not it is a public trail access
easement and was granted on the condition that Mr. Barker also be
able to use that for vehicular access to his property.
Mr. Zaluba is proposing to deal with it even more by widening the
existing access to separate the 2 uses and moving the actual
trail on to what is, in effect, the platted access, not the as
built or existing access.
Zaluba:
whatever
what you
This is the 3rd one we have been through.
the city Engineer thinks is appropriate.
want and I will do it.
I will do
Just tell me
Marty: We are within 28ft building height requirement. All of
the houses in that area range from 4 to 6,000sqft. We feel it is
compatible with the neighborhood. There will be more landscaping
and trees in front. There will be buffering and planting of
trees to divide the use of the driveway from the trail easement
itself. And that will be right in front of the house.
Welton: I am still uncomfortable with this co-use of the road
being entirely on your property and the trail being entirely on
Lots 2,4 and 5.
Barker:
Separating skiers and trucks for traffic is preferable.
Leslie: Maybe if the road could be separated and elevated up a
little bit so you could have an elevated separation and have a
vegetated buffer between the 2 roads. They would still have to
work with the Forest Service with expanding the road here but it
wouldn't be a total new road cut in the Forest Service mind and
you would take care of that conflict if you had it separated.
Welton: From the memo it says there is going to be in the
neighborhood of 100 trees lost by widening this. And there is
not going to be a very happy marriage between the driveway and
what some of us consider to be an important additional link in
the trail system that doesn't have quite enough link as it is.
6
PZM8.8.89
I am wondering if you are going to be cutting down 100 trees,
would it not make sense to cut down 150 trees, move the whole
thing up higher and provide that landscape buffer entirely on Mr.
Zaluba 's property or Mr. Barker's property between the nordic
Trail and the new driveway and use that panhandle for what it was
apparently intended for in the first place. I think the solution
could happen entirely on Lot 3.
Brooke: The Forest Service has already allowed us to grant to
the city the right to use the Forest Service property. The
easement that was granted to the city By Mr. Barker included the
right to utilize the portions of the Forest Service property for
which he had a special use permit. That was confirmed in
conversations with and correspondence with Greg Thompson from the
Forest Service and with Paul Taddune the City Attorney at the
time. So those 2 uses by the Forest Service decision are going
to co-exist on the Forest Service property.
Wel ton: That is correct and I don't think we can necessarily
anticipate what the Forest Service mayor may not do on their
property but on Lot 3 I think we can.
Fred Gannett: We have 20 feet right here. The current use of it
is about 6 to 8 feet. We have the ability based on what Brooke
said to expand it to 20 feet. If what you are suggesting is to
expand the road more than additional 12 feet on Lot 3 say up to
16 feet and then put a 2 to 3 foot separation from between the
trail and the driveway. Then all we are going to have to do is
worry when we get down there you can funnel it in or to try to
put some pressure on the Forest Service to give us an additional
8 feet.
Welton:
uses.
I am talking about a larger separation between the 2
Barker: The only reason we didn't go for that is because we
didn't think you would. Half of the existing road is on Lot 3 so
I am only talking about widening what is up there 6 feet. It is
not 12.
Welton: You could take the portion of the existing road that is
on your property and re-forest it. We are talking about
replacing a heck of a lot of trees with the widening of the road
anyway. It might as well be a good physical separation that
provides some screening to what will be a big cut.
John Kelly, representing Jack Davis, Gary and Susan Rappaport all
of whom live on ute Avenue. The trail goes virtually right
behind their house. I think that Welton hit on a really key
point here. That is compatibility between driveway use and trail
7
PZM8.8.89
use. I just don't think it exists.
unless the roads are physically
snowplowing in the winter and the
the right when they go uphill, I
unworkable situation.
I don't think you can do it
separated. I think with
natural tendency to drive on
think it is a dangerous and
We also question whether that road has the capability to handle
the truck traffic etc. a project this size is going to take.
Certainly hundreds and hundreds of truckloads are going to have
to come out of there on both the building site and the widening
of the road because of the steepness of the slope.
Barker: That existing road is the old railroad right-of-way and
carried a lot of ore out of the mountain. It is a very stable
road. All of the land in this subdivision is very stable.
Marty: The applicant is willing to separate that and vegetate a
buffer or whatever width we all com to some agreement on.
Barker: I think that is the best way. Had I thought you would
have gone for that the thing about that is when we get to the
Forest Service then we have got another situation.
Roger: Because of this road cut aspect I can see no solution but
to table because I am not sure about a road set farther up into
the hill gives you much more total impact than cutting the
existing road farther into the hill. So I want to see that.
Welton: We can approve. We can approve with conditions. There
is tabling. There is denying. I was offering the suggestion
that the property boundary between the Lot 3 and Lot 5, 4 and 2
be reclaimed and reforested with the exception of the trail is to
offer an opportunity to screen a new road cut that would be up
higher.
To my mind the approach taken here is very similar to the house
that was built on Lot 5 down on ute Avenue. The building is
perpendicular to the slope of the hill as if it is almost
applying for the job of being a snowbrake in case of an avalanche
as opposed to the approach taken on lots 4 and 2 which are
parallel to the slope and stepping up the slope and have a much
less impact on ute and on east Aspen Mountain.
I find that repeating the mistake on Lot 5 which was limited
primarily because of the shape of the lot is not an approach that
I feel comfortable with approving given the criterion 7 of the
8040 Greenline Review criteria. In that one regard I would not
be inclined to give approval of 8040 because of the design
approach of the house.
8
PZM8.8.89
Rick Neiley, representing ute Place Homeowners: We share a lot
of the same concerns which John Kelly expressed about access.
That may well be something that can be resolved but Welton, your
comments are of more concern to us. We look at a 3 story house
in that extremely steep hillside as being wholely inappropriate
with the character of the hillside and the visual impact that it
is likely to have up there. I think that recommendation #5 for
minimization of visual impact of that building is appropriate.
It is something P&Z ought to focus on. Because you made a
mistake on Lot 5 don't duplicate it on Lot 3. If you made a
mistake on 1010 ute, don't do it again.
Jasmine and Roger: We have to agree with you, Rick.
Barker: The Davis's house down below is actually 4 stories.
That is on Lot 2. If you look at that house it does step up into
the hill.
Welton: It is 4 stories but not really more than a story and a
half in anyone location from the adjoining grade. I think it is
a very environmentally sensitive plan. If you would step back
your second level from the first level and your third level from
the second level and narrowed it down by about 85%, you would
have a solution akin to what was done on Lot 2.
Barker: We have a road to deal with above now. So as you see
the house, the footprint up there now--if we squeeze it in like
you say, make it less in width and more up we may, in fact, have
a problem with that road up on top.
Welton: I don't doubt that you might have a problem with that
road but criterion #7 is the building height and bulk will be
minimized and a structure will be designed to blend into the open
space and character of the mountain. To my mind this solution
counters that criterion to such a great degree that I would be
inclined to vote to deny the 8040 Greenline because it runs in
conflict with that criteria.
Lennie Oates, represent Rappaports, and Mr. Howard the next door
neighbor: I think we need to know really what is going to happen
in the use of whatever road is used up there. The applicant must
know or have some idea of what the total reach of this easement
could be. I think you should have available the information in
terms of what the estimate is of potential development before you
make any decision. This is not a single use easement.
That trail does retain snow now because you have a very dense
vegetation. If you start widening that up it is going to be just
like ute Avenue and you are going to see a great deal of snow
9
PZM8.8.89
melting. We think the approach of separating the roads has some
merit if you are going to approve some development up there.
Jasmine: If I had to vote on this tonight I would have to vote
for denial. I don't feel comfortable with the proposed solution
to the road. It is such a complicated issue that it is something
I am not willing to let somebody else sign off on. I would like
to see a more detailed plan of the road separation making sure
that the necessary permits from all the various entities who are
all jammed into this road would agree to the separated road. I
would like to see a detailed plan of what that separation would
entail, how much of a separation there would be, what kind of
revegetation would occur and whether that would be satisfactory
to the Ski Council.
I couldn't agree with you more about criteria #7 and the location
and facade of the house. I am tired of being told by people that
once it is up you are not going to see it and this is the worst
view of it because that is not true. It usually is much worse
than the worst picture.
MOTION
Jasmine: In order to give the applicant time to address these
questions, I would like to make a motion to table.
Roger seconded the motion.
Marty: First of all there are no entities that need to sign off
on separation. We can do whatever we want to on Lot 3. We have
the right of access to this lot via that panhandle. The best
route is to separate it. We are willing to do that. Our
difficulty in going back and getting another plan is the delay.
We have done that time after time. Can we get some approval and
then we will come back with a plan.
Jasmine: Absolutely not.
Welton: Jasmine, do you want the public record of this meeting
to be their guide towards relocation of driveways, redesign of
the house?
Jasmine: I don't feel that I am competent to make a specific
decision or recommendation about that.
Welton: I am in agreement with Jasmine as far as not letting the
Engineering department have final sign off on a driveway
alignment. I too would like very much to see a revegetation plan
and a regrading plan for the driveway. And I personally think
that an 8ft wide trail with a 15ft planting strip and then an 8
10
PZM8.8.89
to 12ft wide driveway physically
type in that will be impacted
widening this out to 24 feet.
Barker: Supposing we do another drive up above. The existing
road now which is approximately half on Lot 3 and half on the
trail easement--you are talking about revegetating the part that
is on Lot 3. Is that what you are saying?
removed with trees of Evergreen
over the long run less than
Welton: The part that is above the trail easement on Lot 3.
Barker: That is not going to help the skiers any because then
they are going to be still forced to a 6ft trail on the easement.
Welton: If you put a row of trees on your property line, yes it
will be a 6ft easement. But if you allow the easement to
straddle--and revegetate above.
Barker: Suppose we just leave the road where it is now. Instead
of trying to revegetate it--
Welton: I am talking about revegetating above.
Barker: OK. Above is no problem. I am talking about below. I
am talking about vacating the existing road and just leave it.
But you will need an easement from us then to participate skiing
trail easement on that portion of Lot 3 below.
Leslie: So that I understand--if we are talking about a separate
road cut really what we are saying is when we go in with a
separate road cut to leave a vegetated cut between the existing
road and then--
Mari: The existing road will get--
Too many people giving their own impressions here.
get it clearly.
I couldn't
Roger: 2 feet isn't significant.
Barker: OK.
asking is--
I agree with you.
Let's do it right.
All I am
Welton: Enough to allow for the survival and healthy life of
full grown Evergreen trees, squirrels and songbirds too.
Barker: So you are leaving that up to us to design that. I
don't want to design it for 6 feet and then come back and you say
"Well it should be 8".
11
PZM8.8.89
Welton: It may vary from 6ft to 15ft. I don't know.
Barker: So I guess the word is significant buffer then, right?
Leslie: Significant.
Marty: And we will work with the Parks Department on it.
Welton: There is a motion on the floor and a second.
Mari: I don't think we ever discussed the avalanche issue.
Leslie: The avalanche issue was really something the Planning
Department focused on. I have included in your memo some very
lengthy report done by Mr. Meres discussing the ability to
construct a home on that avalanche area and keeping the house
within this particular location in this wedge. The Engineering
Dept. felt that the avalanche issues had been sufficiently
addressed.
Mari: My concern
concerned about.
the house.
was raised that it is not just the house we are
It would be people who would be in and around
Barker: The avalanche danger is very low but it is there.
Welton: I think when these other 2 criteria--the conflict of the
trail and driveway and the elements relating to criterion 7--when
they are satisfactory I think we can address the other issues
too.
Leslie: In my recommendation for
I wanted more information on.
recommendation?
tabling I listed 10 items that
Would you still go with that
Jasmine: Yes.
Welton: And I think we could just note the emphasis of the
discussion on the separation of the trail and the driveway and on
the architectural impact on the hillside of the structure.
Any further discussion? There was none.
Everyone voted in favor of the motion.
200 EAST MAIN STREET GMOS EXEMPTION
Leslie: Made presentation as attached in record.
12
)(J-c) 'C lMv. \ h
PZM8.8.89
Bruce Sutherland, architect for applicant:
for is the 155sqft of FAR addition. This is
method of calculation.
What we are asking
due primarily to the
Welton asked if anyone had a problem with this application.
MOTION
Jasmine: I would like to move to recommend approval of this
special review to increase FAR to .80 to 1 with the condition
that the increase is only in those areas as stated by the
applicant in the application.
Roger seconded the motion with all in favor.
PUBLIC HEARINGS
706 W. MAIN STREET HISTORIC DESIGNATION
309-315 EAST MAIN STREET HISTORIC DESIGNATION
100 EAST BLEEKER STREET HISTORIC DESIGNATION
Roxanne: 100 East Bleeker Street did not notice. So we need to
withdraw on that one. We will re-schedule.
There is a recommendation on the 309-315 E. Main that there be a
condition to your approval.
Welton stepped down from the hearing on 706 West Main because of
a conflict of interest.
Jasmine opened the public hearing for 706 West Main Street and
asked for public comment.
There was none and she closed the public portion of the hearing.
MOTION
Roger made a motion to approve landmark designation for 706 W.
Main Street.
Michael seconded the motion with all in favor.
309-315 EAST MAIN STREET
Welton opened the public hearing and asked for public comment.
There was none and he closed the public portion of the hearing.
Roxanne: The applicants have agreed to our recommendations.
13
PZM8.8.89
MOTION
Michael made a motion for approval with condition as per Planning
Office memo of August 8, 1989. (attached in record)
Mari seconded the motion with all in favor.
100 EAST BLEEKER STREET
Welton opened the public hearing and asked for public comment.
There was none and he closed the public portion of the hearing.
MOTION
Roger made a motion to table 100 East Bleeker date certain August
15, 1989.
Mari seconded the motion with all in favor.
KRABACHER CODE AMENDMENT
Welton stepped down from this hearing because of possible
conflict of interest.
Jasmine opened the public hearing
Roxanne: Made presentation as attached in record.
Alan had recommended that the language be amended per the
applicant's language that would include this provision for only
residents of the structure that would also be employees of the
business. We are thinking that the business use would become
accessory to the dwelling unit and that the resident of the
dwelling unit be an employee of the business.
I believe from a preservation standpoint this is a good way to be
and the impacts are going to be minimal city wide.
Jasmine:
place.
A conditional use hearing would still have to take
Roxanne: Absolutely. You would still have the final sayan
whether or not that particular site could handle it anyway.
Jasmine: It seems to me that
specific criteria would apply.
seem to be the problem.
Roxanne: It is a single family residential dwelling anyway.
That is the only permitted use.
conditional uses that a site
It is the permitted uses that
14
PZM8.8.89
Joe: No matter what the zone
nonconforming lot of record--the
single family residential.
Like a lot of these preservation incentives I think it comes out
of in my case you know specific instance where I am thinking in
my mind you know I have a specific piece of property and you know
we would like to do an antique store in it. You know--a little
background. I live full time in the city and I work full time in
the city. My wife lives full time in the city. You know it is
not an application where we are asking to add anything or build
anything onto it.
district permitted uses are
only use that is allowed is
And you know we have to go through 6 hearings between HPC, P&Z
and City council just to do it. And it really came out, you
know, I am on HPC and I am on the Board of Aspen Historic Trust.
So we have been considering different kinds of incentives all
along to try and you know aid the preservation of some of these
structures.
Fortunately I like that, you know and I got this house and it all
sort of fit together. The incentives that you guys have already
gone through you know the Ord. 16 which waives, you know, allows
the sliding scale to waive employee housing and to waive open
space exactions, you know. In addition there was Ord. 42 which
was the Bed and Breakfast Ord. The idea is if it is a historic
landmark, you know, to provide an incentive or somebody to
designate it and yet you give them, you know the opportunity to
help save it.
If we had thought of this it probably would have been included in
one of those passed ordinances since all it is directed at is if
you have a non-conforming lot of record then you are allowed to
change the use only after you go through a special review you
know for whatever the use is.
And you know I appreciate Alan's comment in saying here is a
saying "here is a way we can make it very narrow and it will help
Krabacher out". You know it would solve my problem but I would
prefer to see something broader that is going to help the other
historic structures around. You know there are some in the
commercial core that are on non-conforming lots and you know
those are treated as non-conformities. And if it is non-
conformity, you know the theory is they are subject to abatement
and we are gong to, you know, whittle away at them little by
little.
Jasmine: Are you trying to tell me that your amendment is saying
that you do not have to come in for conditional use permits?
15
PZM8.8.89
Roxanne: No.
Joe: I am saying that you have to do that anyway and so if Alan
has, you know, concern that Alan expressed in his memo about so-
called land use and density those will all be addressed anyway in
a special review for any of these.
Michael: I agree with Joe's approach. Rather than make it so
narrow that it only affects one person that doesn't seem to
accomplish anything and is wasting a lot of time. I can see the
concern that we make it so broad that we end up with some
developer that we don't like doing something and I don't think
that is possible.
Roxanne: HPC is saying do whatever we can do within reason to
encourage people to adeptly renovate, in an innovative way, their
historic resources.
Roger: I have no problems if we can do this on a special review
basis. But it worries me on small lots to get something that is
completely out of scale use-wise for the geography. Not only the
square foot area but the surrounding neighborhood and the
impacts.
Roxanne:
point of
covered.
We have 2 boards reviewing that. HPC on the design
view and P&Z for the use. It seems to me that we are
Doug Allen: I think that this is a low impact incentive to help
maintain some of the historic structures. We keep hearing all
the excuses about why they can't be maintained because the
economics don't work etc. And if Joe is going to do something on
the front of his house that allows that house to stay there
without vastly expanding it and maybe allows a few more that are
on your inventory. A lot of these historic structures are on
tiny lots. They are not on now-conforming lots. And if we can
save just a few of them I think it is a good motive and I would
encourage that you pass this ordinance.
Richard: I am very much in favor of it too. The permitted use
is single family residence. And you ought to allow conditional
uses--what is otherwise permitted in that area. What is to say
that the conditional use uses up 90% or 75% of the building and
there is a tiny apartment in the back for an employee.
Jasmine: They would come before us. We would be reviewing that
on a case by case basis.
16
PZM8.8.89
MOTION
Jasmine read into the record a letter from Sandra Lohr in support
of this code amendment. (attached in record)
Mari: I make a motion to recommend approval to add paragraph C.
in Section 9-106, under "Nonconforming Lots of Record" as in the
Planning Office memo dated August 8, 1989. (attached in record)
Jasmine seconded the motion with all in favor.
Meeting was adjourned. Time was
17