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Home My WebLink Aboutminutes.boa.20110915 CITY OF ASPEN BOARD OF ADJUSTMENT - SPECIAL MEETING MINUTES September 15, 2011 Minutes......................................................................................2 Case #004 Geary— Access................................................................3 1 CITY OF ASPEN BOARD OF ADJUSTMENT - SPECIAL MEETING MINUTES September 15, 2011 Charles Paterson opened the special meeting of the City of Aspen Board of Adjustment in Council Chambers Meeting Room at 4:16 pm. Board members present were Peter McClain, Charles Paterson, Mark Hesselschwerdt, and Jag Pagnucco. Rick Head had to resign because he was appointed to the Housing Authority Board. Staff in attendance were Jim True, Special Counsel; Tricia Aragon, City Engineer; Amy Guthrie, Community Development; Jackie Lothian, Deputy City Clerk. MOTION: Charles Paterson moved to elect Jag Pagnucco as the new chair, seconded by Peter McClain. All in favor, APPROVED. Declarations of Conflicts of Interest Charles Paterson declared he was a next door neighbor to this property and applicant. Jim True stated that under the city code, anyone who resides within 300 feet of a property that is before a board in which that person participates is deemed to have a substantial interest in a conflict that would require recusal. Jim said in this situation since there are only 4 members of the board and 4 members are required for a quorum and 4 affirmative votes would be required to overturn an appeal; the city attorney's office has concluded that the applicant is entitled to have all members present despite the conflict. Jim said it was called a rule of necessity and occurs occasionally when a majority of board members actually have a conflict but rather than try to determine who has a more significant conflict then rule says that all individuals despite the conflict in order to give the board the authority to operate. Jim said the applicant may have the opportunity to request this board to continue the matter until a new member is appointed by Council; it would be at the request of the applicant to proceed that way. The applicant said that they would like to proceed. Jim said under 26.215.50 the concurring vote of 4 members of the board then present and voting in the appeal shall reverse any order, requirement, decision or determination made by an administrative official charged with the enforcement of the title, so in this particular situation because it is an appeal of the determination of the City Engineer denying the variance and it requires 4 affirmative votes, so this has to be unanimous. Minutes MOTION: Charles Paterson moved to approve the minutes of July 7" seconded by Mark Hesselschwerdt. All in favor, APPROVED5-0. 2 CITY OF ASPEN BOARD OF ADJUSTMENT - SPECIAL MEETING MINUTES September 15, 2011 PUBLIC HEARING: Case #004-11 — 1102 Waters Avenue — curb cut variance Jag Pagnucco opened the public hearing on Case #004-11 for 2 driveway access points for 1102 Water Avenue. Tricia Aragon, City Engineer, said the applicant is appealing the decision of city engineer to allow 2 driveway access point whereas the code only allow for one access point. Tricia Aragon utilizing power point projected the memo onto the screen; the property is the result of a recent lot split; lot 14 of the Calderwood Subdivision. Lot 1 was a voluntary historic lot split for a historic designation for an existing ski home designed by Fritz Benedict. Lot 2 of the split is under discussion tonight. This is R-15 Zone District allows for only 1 vehicle access point. The code does allow for a variance but unusual conditions must exist; topography, drainage, existing landscaping, improvements in the right of way, existing building or improvements on private property or special use requirements for the properties. Tricia said that she determined there wasn't an unusual condition for a variance so that was why she did not approve the variance for this property. Tricia showed a photo of the property with the 2 driveway access points outlines in red; her concerns about the access point had to do with water quality and urban runoff management plan. Tricia said there was connected impervious area where the driveway may drain onto Waters Avenue and decreases the water quality, which could impact the Roaring Fork River water quality. Doug Rager introduced himself as the architect and Scott Geary, Bonnie Geary Greeney and Susan Geary Griffin were the owners. Doug said that they had work sessions with the HPC and he had minutes from the last HPC meeting where they supported the 2 curb cuts. Doug said the driveways could be permeable and the driveways would be 10 foot driveways and they are allowed 18 feet for each driveway. Doug said the properties had special conditions; it was an odd piece of property created by a lot split for the preservation of the historic resource. Doug said the lot wasn't very deep; the building envelope was barely deeper than a 2 car garage. Doug said that Waters is a cul-de-sac with not a lot of traffic and has a,lot of perpendicular parking and they are adjacent to multifamily even ihough they were R-15. Scott Geary stated there was a lot of merit in the 20 foot curb cuts rather than 36 feet cub cuts. Charles Paterson said that one of the rules was to show a hardship or practical difficulty and asked the applicant to expound on that. Doug said the practical difficulty has to do with the building envelope itself; he cut out an 8 inch garage to show the mass and you lose your living area so a single car garage is half 3 CITY OF ASPEN BOARD OF ADJUSTMENT - SPECIAL MEETING MINUTES September 15, 2011 the span. Doug said it was an unusual lot and on the top of the slope. Mark Hesselschwerdt asked if they were required to do curb and gutter and sidewalk. Doug replied in the variance application he asked that curb and gutter not be required and the neighborhood does not have curb and gutter. Tricia stated that it is in a curb and gutter zone; if you want to remove curb and gutter that is fine but drainage still needs to be conveyed. Doug asked how you integrate curb and gutter when there is not any to match up to. Tricia replied you maybe would enter into an agreement and it is hard for her to say since she hasn't seen a proposal for the drainage. Tricia said when the applicant comes in for a building permit application they can propose what they plan for drainage. Doug said it was a simple request. Public Comments: 1. Georgean Waggaman, public, said as a neighborhood they have discussed this and everyone in Calderwood subdivision is against curb and gutter; it is a rural section back there. There are lots of permeable driveways and the thought of a 2 car garage entrance on the street is totally out of keeping with the whole neighborhood. Peter McClain said he was in favor of granting this variance because the design fits into the neighborhood. Mark Hesselschwerdt said there is no curb and gutter in this neighborhood and agrees with 2 cuts. Jag Pagnucco agreed and said there was a hardship with the lot configuration. Mark said with historic splits like this really generate some odd lots and this is obviously and odd lot with Top of Slope contributing to it. MOTION: Peter McClain moved to grant the variance request for 2 access points for driveways at 10 feet each with Resolution 004-11 with a permeable surface on both driveways and give up the right to a future driveway on Lot 1, seconded by Mark Hesselschwerdt. Roll call vote: Charles Paterson, yes; Mark Hesselschwerdt, yes; Peter McClain, yes; Jag Pagnucco, yes. APPROVED 4-0. rckie Adjourned at 4:50 pm. Lothian, Deputy City Clerk 4