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HomeMy WebLinkAboutminutes.apz.19930406 ("' " .'--. c r L f RECORD OF PROCEEDINGS PLANNING , ZONING COMMISSION APRIL 6. 1993 Chairlady Jasmine Tygre called meeting to order at 4:30 PM. Answering roll call were David Brown, Tim Mooney, Sara Garton, Richard Compton, Bruce Kerr and Jasmine Tygre. Roger Hunt was excused. COMMISSIONER COMMENTS Sara: What is happening with the building of the bridges that we reviewed in the Fall? Diane: I don't know. We will bring you up to date on that. STAFF COMMENTS Kim: We are calling a special meeting next Tuesday regarding the red brick school. PUBLIC COMMENTS There were none. MINUTES FEBRUARY 16. 1993 MARCH 2. 1993 Tim: I make a motion to approve the minutes of February 16, 1993. Richard seconded the motion with all in favor. Richard: I move to approve the minutes of March 2, 1993 Sara seconded the motion with all in favor. TRUSCOTT PLACE GMOS EXEMPTION Diane made presentation as attached in record. Bruce: Has the approval already been reviewed as a conditional use within the public zone? Diane: Yes. Bruce: As what? Diane: Affordable housing. Tom Baker, Housing: Affordable housing is a conditional use in the Public zone. PZM4.6.93 Tim: What happens to the status of the lodge rooms? Are they not transferrable or do they just go away. We are changing Lodge so we actually have that bed base quota. Right? Diane: I think that for the Community Plan whenever we get any updates of what our lodge bed base was I think these were technically residential dwelling units at that time. They are not being transferred elsewhere. MOTION Tim: I move to grant a GMQS exemption for the change in use from Office to a 2-bedroom 1,100sqft affordable dwelling unit and for 50 lodge rooms to 50 affordable studios at Truscott Place aka as the Red Roof Inn with the conditions as stated in the Planning Office memo dated April 6, 1993. (Attached in record) Richard seconded the motion with all in favor. BENEDICT BUILDING SPA MAP AMENDMENT SPA PLAN AND GMOS EXEMPTION /',~,. Jasmine opened the public hearing. Kim presented notice of public hearing as attached in record. She then made presentation as attached in record. Sunny Vann then did a background on the building. This has functioned as an office building for 15 years. It is occupied mostly by law businesses, architectural firm, dentist. The Benedicts have their businesses there. And the problem did not arise until after we received permission last year to condominiumize the project. The Benedicts have decided to give a large percentage of the building in the form of condominium space to the Music Associates of Aspen and also to grant a permanent home to the Tenth Mountain Division Association. That condominiumization application did not come to the P&Z. It went straight to City Council and was approved. The MAA's intent was to then sell some of the space for office use and to use the proceeds to help offset cost of the development of the campus and their facilities at the Aspen Institute. The Tenth ,_' Mountain Division Association however will be a natural tenant of the building. In drafting the condominium declaration of the various documents and looking at the sale it became increasingly 2 PZM4.6.93 -- apparent that the nonconforming status of those condominium spaces was affected by the City's restrictions on maintenance. But perhaps more importantly their ability to obtain mortgage financing to actually buy the spaces or sell the spaces to someone else. Lenders are very concerned about lending on spaces which are nonconforming uses. We approached the city looking for a way to address this nonconforming. The simplest way was to simply designate the area as a specially planned area. Recognizing the fact that this pre- dates the majority of the surrounding residential development that there is any problem in terms of co-existence between the Aspen Club, this building and the surrounding residential development and to provide in the SPA plan that the existing office and business professional use is a use permitted under this specific SPA development proposal. Any modification of the building, expansion of the building etc would have to come out as an amendment to that SPA plan. The underlying RR zoning will remain so that the consistency with the surrounding area is working as well. This is very similar to what we did on the Aspen savings and Loan Building. It was already ~ designated as SPA and we granted them a use variance to allow a radio broadcast station as an additional use in the underlying zone district. -- The only distinction here is that we are first designating as SPA and then we are allowing a use variation from the existing Office use to continue in this location. After we came up with the original concept the Dolle house--it became apparent that it was going to be torn down in the west end. The Tenth Mountain would like to use that for affordable housing. The house was designed by Fritz in the 40' s and the owner has agreed to allow us to relocate it to this property. That requires a Growth Management exemption for a fully deed restricted affordable housing on the property. Everything else that is out there now will remain as it is currently designed. -- The home is a 2 story structure. It is going to be set on top of a new foundation at the parking lot level which is lower than the street. And a new garage created underneath the existing building. That garage will be used for storage purposes for the various maintenance vehicles that the Tenth Mountain currently has on the street. Parking for this unit will be provided in an existing parking area adjacent to ute Avenue. And access to the unit will be provided by ute Ave and also from the existing parking lot of the office building. Jasmine: The building has been there forever. And this is one of 3 '- ......' - ."" PZM4.6.93 those rare instances in which you do have a locals serving businesses. And they are easily defined in this area because tourists just don't tend to find this. They have been there for a while and don't have much of an impact on the neighborhood. It seems to function very well for the businesses that have been in there for many years. I am curious about the policy of restricting the amount of maintenance allowable in nonconforming uses as a city policy. Not necessarily in regard to this application. It seems to me that if the nonconforming use has been serving a function which most of them have been, which is why they are still standing in one form or another, that a policy of being too rigid about maintenance is not really in the best interest of the community. Vann: In this particular case it is highly unlikely that this building would ever cease functioning as it is. It has historically functioned in this neighborhood without any adverse impact particularly now that ute Avenue has been improved to City street standards. The conditions are fine as drafted. One question regarding drainage in the first condition. The only building permit that we are issued here is for the relocation of the Dolle residence to the property. We are not proposing any modification to the existing building. So I assume this refers to drainage pertaining to the relocation of the Dolle house to the property. We know there are drainage problems associated with the overall property. I would want to clarify this "Prior to issuance of any building permits" for relocation of the Dolle to the property that a drainage plan for that relocation that we are submitting. Bruce: The garage is to be underground or below grade? Vann: Not below grade. The grade of ute Avenue is higher than the parking lot. The house will sit basically at the grade of ute Avenue. But it will be sitting on top of the foundation which is sitting on the parking lot. Tenth Mountain will come into the parking lot where it is now, pull underneath the house from the side. It is set up so we will not lose any parking spaces. Bruce: There is no problem with height? Vann: No. It meets all requirements. Richard: The Engineering recommendations--#3 indicate the use of the one-story fire brick building. Vann: That was on the grounds of the Design Conference and it was relocated several years back. It now serves as storage for the 4 PZM4.6.93 Tenth Mountain Division. Sara: I know that this has been designated as a blue zone and not a red avalanche zone. What are the City's liabilities for approving the placement of a building when there is an avalanche and there is loss of life. Vann: I can't really address the issue of what the City's liability issue is. I can only tell you that you approved a much more intensive development immediately across the street which was the ute Park Subdivision. At this point Art Mears had indicated that development within the blue zone is not something that should be prohibited but that certain precautions should be taken. Jasmine opened the public hearing for comment. Peter Hutter: I would like to make a comment on avalanche situation here and on ute Avenue. First of all I am in favor of this project because it keeps the character of our community. I find that a lot of our community is becoming all Bohemian where lines are drawn and everything within that line has to be a certain use and certain type and look a certain way. I am very in favor of this because it keeps a unique character to certain parts of the land that has already been around. As far as the avalanche danger for this particular site being that it is on the other--the far away side of ute Avenue--it is in the blue zone but it can be protected quite easily. As far as properties on the other side of ute Avenue where you mentioned the employee housing units have been approved is considerably more dangerous. And I think those red zones--approvals of anything in that area should be looked at very carefully whereas this is considerably different. I am in favor of this project and I think it will add to this part of the community. There were no further public comments and Jasmine closed the public hearing. SPA MAP AMENDMENT MOTION Tim: I make a motion that the map amendment to designate the Benedict Office Building parcel as an SPA be approved and that the SPA development plans submitted in this application be submitted that the proposed text amendment which will allow the SPA project to be consolidated to a 2-step process instead of a 4-step process be approved. And that the GMQS exemption for the proposed deed 5 ,-I"...._~ - ,~'.,.'A'~ - """., PZM4.6.93 restriction cabin that is going to be moved onto the site with the conditions that appear in the Planning Office dated April 6, 1993 on page #10. (attached in record) David seconded the motion. Tim: I change my motion to indicate that the recommendation from the Engineering Dept that applies to the specific plan for drainage and storm runoff to the exposed soil does not reach the Roaring Fork River be specifically applied. David accepted this to the seconding of the motion. Everyone then voted in favor of the motion. Jasmine closed the public hearing. Time was 5:35 PM. Jasmine then adjourned the regular portion of the meeting. Time was 5:35 P.M. commission then continued with a work session regarding the Superblock study. \. Janice " v 6