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HomeMy WebLinkAboutminutes.boa.20060112 ASPEN BOARD OF ADJUSTMENT MEETING MINUTES January 12. 2006 Rick Head opened the Special Board of Adjustment Meeting in Council Chambers at 4pm with members Peter McClain, Charles Paterson, Jag Pagnucco and Elizabeth Atkins present. Mark Hesselschwerdt was absent. Staff in attendance were: Ben Gagnon, Community Development; Jackie Lothian, Deputy City Clerk. PUBLIC HEARING: CASE #06-01. Ann Hodl!:es - 302 Roarinl!: Fork Drive Rick Head opened the public hearing. The applicant is requesting a ten (10) foot rear yard setback variance for the construction of a garage; a driveway variance for a driveway more than 30" above grade; and a retaining wall variance for a retaining wall more than 30" above grade. Head stated that the notice of posting has been made and Ann Hodges is the applicant. Ann Hodges explained that she was requesting variances and passed around a drawing from 1972 when she bought the property showing the 5 foot easement around the property. Hodges said that her physical health makes it difficult to negotiate the 13 steps (especially in the winter) so she needs a garage so that she can protect her car from the elements. Hodges stated that was the reason she requested a garage and looked at the other options but this was the only practical way a garage could be done off to the side. Hodges said that she kept the garbage in her front hall to keep it away form the bears so the garage would be a much better place for the garbage. Hodges said the current parking area held 2 cars and about 20 years ago an engineer said that the area would fall in, so she needed a solution that would last. Hodges said the proposed garage was reasonable and a modest solution; it was consistent with the houses and other surrounding properties; many garages had their entrances right on the street, which was non- conforming. Hodges said that she would rehabilitate the area with trees and shrubs and whatever needs to be there. Hodges said there was a safety issue as well and the stairway covered with ice and with the present parking area, which she can't see when she backs out. Hodges went to her immediate neighbors and none had problems with this proposal and she presented their signatures. Public Comments: I. Vinnie Partyka stated that he was a neighbor and supported her position. Jag Pagnucco said there were physical problems here that constituted a hardship. Pagnucco said this board deals with hardship and building a garage to cover your I ASPEN BOARD OF ADJUSTMENT MEETING MINUTES Januarv 12. 2006 car was not a hardship but a physical hardship and the safety aspect of backing up were hardships. Liz Atkins appreciated the other pictures of the neighborhood and she agreed with Jag on the hardship. Charles Paterson found it troubling that staff did not feel a garage was a right however the terrain or physical hardship was not considered. Paterson said granting the variance will not incur any special privilege denied because there were garages right on the property lines all over this zone district. Paterson said that he would grant the variance. Rick Head said that he agreed with Charlie and the board has granted previous variances for garages in this neighborhood. MOTION: Charles Paterson moved to approve Resolution #001-06 granting approval for a rear yard setback, a variance for a retaining wall exceeding 30 inches above grade and a variance for a driveway access more than 30 inches above grade within the rear yard setbackfor the property located at 302 Roaring Fork Drive finding the review criteria have been met. Seconded by Liz Atkins. All infavor, APPROVED. Adjourned. 2