HomeMy WebLinkAboutminutes.apz.19930622
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RECORD OF PROCEEDINGS
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PLANNING , ZONING COMMISSION
JUNE 22. 1993
vice Chairman Bruce Kerr called meeting to order at 4:30 P.M.
Answering roll call were David Brown, Sara Garton, Richard Compton,
Roger Hunt and Bruce Kerr. Jasmine Tygre and Tim Mooney were
excused.
COMMISSIONER COMMENTS
Richard Compton: This formally is my last meeting as a Planning
& Zoning Commissioner. I would say it was a pleasure. It was
often boring and frustrating but has been worthwhile. I appreciate
working with all of you and have learned a lot and hope I have
given a little something to the future of Aspen.
Everyone thanked Richard and wished him well.
David: I am curious as to getting some sort of work session that
might help us talk not about annexation but rezoning various
parcels in town that are not in conformance with their AACP. Part
of that might even include annexation of EI Jebel and various
potential commercial areas so that when we have an intercept lot
that is within the City limits and people are commuting from down
valley to Aspen are already in City limits.
I am extremely serious about a work session just with staff.
STAFF COMMENTS
Leslie: There will be no meeting on July 6. But anticipate an
extra meeting in August and September for special meetings and work
session.
There was no finalization on these dates.
The picnic Point and the Betty Grindlay Bridges were set this week.
The Castle Creek Bridge we have Stream Margin approval for but we
have to go through a wild life management plan before we can do
that. And the Army Corp are not interested in seeing a bridge
crossing Castle Creek until there is a connection.
I have been working with ute Place people and their representative.
We are working out an agreement that hopefully will go to Council
this coming Monday. That was the PUD amendment in the rezoning to
Rural Residential and they are providing us a trail easement. That
will go to Council on the 28th.
PZM6.22.93
PUBLIC COMMENTS
There were none.
MINUTES
MAY 18 , JUNE 8. 1993
Roger made a motion to approve minutes of May 18 and June 8, 1993.
David seconded the motion with all in favor.
ALCIATORE CONDITIONAL USE REVIEW
Leslie: Made presentation as attached in record and presented
certificate of mailing.
Bruce opened the public hearing.
Mrs. Alciatore: We wanted to comment regarding the windows that
are in question.
After discussion on the windows--
David: Condition #3--there is a concern for pedestrian access.
And that stair under window T is directly under the west facing
shed roof. And regardless of the fact that there is a gutter and
regardless of some snowmelt and regardless of 6 8-inch snow stops
there 'will be significant avalanching of snow onto that stair. You
may want to consider redesigning that to either providing snowmelt
on that landing and staircase or reconfigure that deck and the
access to the accessory dwelling unit altogether.
I think the way it is configured right now between the window and
snowshed onto the stair it doesn't quite provide a safe--
?: Even with the snowmelt and the snow breaks? And it is not a
metal roof. It is asphalt roof.
David:
break.
in any
It would be great for snow up to
But for the foot and a half to two
given time it won't be effective.
the height of the snow
feet of snow that occur
You could relocate the stair in such a way that it will not be
covered by snow shedding off of that roof that faces west. And if
that is a problem you may want to consider access to that accessory
dwelling unit from another point.
Richard: This is the first accessory dwelling unit where the
question of privacy immediately came to mind concerning that window
off the deck and just in general the forced intimacy between the
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2 parts of the building that includes the stair access to the roof
deck for the ADU which passes under the dressing room window of the
master suite. There is a connecting door. I don't know if that
is required. I don't think it is. And the absolute minimal size
of it. If the issue of the snow shed and the windows was taken
care of I could approve it. otherwise I couldn't vote for it.
Roger: Concerning window s--if they would entertain the idea of
something like glass brick in that kind of window so you can get
light through it but don't see anything but distortion as far as
privacy aspect is concerned and if that would be a good solution
for that window. I do have problems with that window.
I am also concerned about the snow shedding onto the exterior
access to the ADU. I would like to see some other solution to that
or conditioning it.
Leslie: It is really not an enforceable condition of approval.
There was much discussion regarding the privacy aspect between the
ADU and the main house.
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Bruce: I am sensitive to the questions that have been raised by
my fellow commissioners. But I guess I come at it from a little
bit different perspective. There is no requirement in our code
that it be occupied and I feel a little bit uncomfortable in trying
to socially engineer something that the code really hasn't spoken
to. If our code said that it must be occupied and must be occupied
by a qualified resident, then I wouldn't have a problem with us
making sure that it truly is liveable. But it seems to me that
this applicant and other applicants are sort of caught in a "catch
22" when they are required to build this space and then are not
required to have it do anything but sit there vacant.
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David: Maybe I am confused. Isn't an ADU an option? So it is not
a requirement to create an ADU. It is an option open to a home
builder if they want to pre-empt cash-in-lieu payments.
Leslie: Just as an aside. If it is built 100% above grade the
applicant is awarded FAR bonus. Kim told me that the applicant is
not seeking FAR bonus but it doesn't mean that when they get within
the building permit stage and if they need an FAR bonus they
receive FAR bonus.
Bruce: I would come at it more from the standpoint of saying I
think the thing is too small. That is my biggest concern. I am
concerned about the privacy and the snow shedding. But I am more
concerned about 300 square feet being really a liveable unit. I
understand it fits the minimum requirement of the code and they
have complied with the minimum.
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I am uncomfortable with what appears to me to be picking at this
applicant when many other ADUs have come in front of us and they
have had similar situations and sometimes we tend to breeze those
through.
David: It is really neat that the applicant has gone so far as to
have a private roof deck outside the ADU. That is great. But the
useability in the separation but the next owner could easily say
"I don't want to see you sitting on that deck. I don't even want
to see you going in and out that door".
Sara: I have no problem with those windows at all. The thing I
am concerned about is the stairwell and the stair access and the
shedding of snow and ice.
There being no further comment Bruce closed the public hearing.
MOTION
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David: I move to approve the conditional use for a 302 square foot
accessory dwelling unit for the Alciatore residence at 730 West
smuggler with the conditions recommended in Planning Office memo
dated June 22, 1993 with the following modifications: Condition
#5 to delete reference to the 2 window sets in the main stairwell.
In it's place state that the window from the roof deck shall be
translucent but not clear glass to provide visual privacy.
Condition #8 that the stairs from the deck of the ADU be
snowmelted.
Roger seconded the motion.
But I need a clarification of "not clear glass". I can envision
double glazing of wavy clear glass which would distort the image
but not comply with "not clear glass".
David: How about "frosted glass or functional equivalent with
staff review" so they don't have to come back to this board.
Leslie: Incorporate "specific glass treatment that is translucent
to provide visual privacy".
And then you had changed #5 a little bit also.
Sara: The reference to the 2 windows
MPT
Bruce: You still want to leave the condition in that they are at
least 7 feet above the finished floor level. Leave that part in.
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Leslie: But just take out "Remove from the plan" and just say
"shall be changed so that they are at least 7 feet above the
finished floor level of the ADU" and "the window of the roof deck
shall incorporate specific glass treatment that is translucent to
provide visual privacy".
David: I amend my motion to include what Leslie just said.
Roger: I accept that for my second.
Roll call vote: RiChard, no, Roger, yes, David, yes, Sara, yes,
Bruce, yes.
PIONEER PARK HISTORIC DESIGNATION
Bruce opened the public hearing.
Amy Amidon, City Historic Dept: Made presentation as attached in
record.
Bruce asked for public comment. There was no public comment and
he closed the public portion of the hearing.
Roger: I have to commend the Strombergs on doing a beautiful job
on the additions and improvements to the existing structure. My
question--they have put up some pillars for some sort of fence and
I assume those pillars go to the--
Amy: They travel east from the corner of the house to the lot line
and the City property where they will connect with an iron fence
that will run north and south. Between those pillars they have a
wooden fence.
The existing iron historic iron rail will stay. That will be one
of the ways that you will visually recognize that this was one
parcel. But for safety and privacy we need a new iron rail running
between the public park and the Strombergs land.
David: Did the fence get HPC review?
Amy: Yes.
After further clarification as to wooden and iron fence and where
the fence would be placed--
MOTION
Sara: I recommend landmark designation for all of Pioneer Park,
442 West Bleeker Street, Block 36, Lots K, L, M, N, 0, P, Q, Rand
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S and portions of Lots A, Band C, Block 36 finding that
designation standards A, B, C and E have been met.
David seconded the motion.
Roger: I have a problem with designation of portions of Lots A,
Band C. That is across the alley. It is not a historic structure
on the remainder of Lots A, Band C. There is only a garage and
parking in that area. Why designate that historic.
Amy: Because if it is not designated historic, we have no
protection for what could come there in the future. It certainly
has an impact on this property and the neighboring properties are
not landmarked. So if that garage were to be torn down if they
weren't landmarked HPC would have no comment. This is part of what
is considered the estate now.
Bruce: Before we take a vote on this I want to commend staff for
this being one of the more entertaining memos I have read in a
while. I think on the historic designation kinds of things it
would be great if you have that kind of information to include it
in the memo. It was really interesting.
Roll call vote: Richard, yes, Roger, yes, David, yes, Sara, yes,
Bruce, yes.
Members then held election of officers with the outcome as follows:
Chairman is Bruce Kerr
By acclamation Jasmine was declared Vice Chairlady.
Meeting was then adjourned.
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