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ASPEN BOARD OF ADJUSTMENT MEETING - MINUTES
JANUARY 11. 2007
Case#001-07 Michael S. and Ellen B. Brown - 1016 East Hopkins........................ 2
MINUTES .................................................................................................................4
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ASPEN BOARD OF ADJUSTMENT MEETING - MINUTES
JANUARY 11. 2007
Rich Head opened the City of Aspen Board of Adjustment meeting at 4: 15 in
Council Chambers. Members present were Charles Paterson, Liz Atkins, Peter
McClain and Rick Head. Mark Hesselschwerdt was excused and Jag Pagnucco
was absent. Staff in attendance Jason Lasser and Sara Adams, Community
Development; Jackie Lothian, Deputy City Clerk.
Case#001-07 Michael S. and Ellen B. Brown -1016 East Hopkins
Rick Head opened the hearing for Case#OO 1-07. Dan Coleman represented the
Brown's and presented the notice of posting and mailing. This meeting was
previously tabled on December 7th.
Dan Coleman said the property was located at 1016 East Hopkins and at the end of
the driveway was the retaining wall approximately 14 feet long. Coleman stated
the retaining wall went from 34 inches to 38 inches and the wall extends to the
Bellis' house wall with a side slope with a short lip to contain water from flowing
over the wall to drain properly. Rick Head asked how Bellis built his wall at 48
inches. Coleman replied that was a good question; his house was fairly new.
Bellis' yard slopes down and there were also 48 inch columns on top of the Bellis
wall with a wrought iron fence.
Head asked how was this project cited. Coleman replied that he was the first
inspection for one of the new inspectors who came by with a tape measure and said
the wall was 2 inches too high. Coleman said that he did not want to tear the wall
down and have water drain into the pocket park; there were no cosmetic issues.
Jason Lasser stated that staff recommended denial because it doesn't follow the
code about retaining walls not exceeding 30 inches above or below natural grade
and it was primarily in the setback.
Public Comments:
1. Curt Sanders, attorney, represented Ellen Weinstein who owns a
condominium unit directly behind the wall. A letter was submitted by Ellen
Weinstein. Sanders said that Ellen was a neighbor affected by the wall so it was
not an accurate statement that no neighbors objected to this variance request.
Sanders said that Ellen objected to the wall; her bedroom window looks right at the
wall. Sanders said that Ellen contacted the building department regarding the
views being protected; she agreed with the staff recommendation to deny this
variance because it fails three criteria.
Jason Lasser said what was built and what was shown on the plans were different;
there was a slope.
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ASPEN BOARD OF ADJUSTMENT MEETING - MINUTES
JANUARY 11. 2007
Coleman said that there were trees and bushes that were taller than the wall; the
house was to code. Coleman stated there was a letter from the drainage engineer
ensuring that the site water stays on this site with the slope on the wall.
Ellen Weinstein stated that the bushes could be taken out because they encroach on
the open space.
Peter McClain stated that it was added after the building department approved the
plans; he didn't feel that was a particularly good thing to do. McClain asked if
they could add soil to raise the grade. Weinstein said that soil was added to plant
the bushes.
Charles Paterson said they haven't shown their hardship except for the water
drainage, which concerns him because it makes more sense to have a wall there.
McClain asked if the goal was to drop that wall 8 inches on that end. Head stated
that the only option would be to shave it 4 inches on one end and 8 inches on the
other of a 14 foot wall.
Lasser drew a picture of the wall and said the new portion of the wall was all in the
setback. Lasser said soil cannot be added because the code reads 30 inches above
or below natural grade.
The board stated that they were leaning toward denial especially since a member of
the public was so affected by this wall. Dan Coleman stated that he would
certainly lower the wall but the drainage engineer and the code requires water to be
kept on this property; landscape walls were not part of the permit process.
Coleman said the drainage engineer specifically sent a letter said that this was the
final catchall for a big rainstorm won't run into this area, which potentially may
have water flooding her house. Coleman said that he would put a disclaimer out
there ifhe cuts the wall down to the best of his ability. Sanders said that the wall
was built too high and it was up to the owner of the property to contain water on
their property. Coleman stated that there was a secondary overflow to keep that
water on the property. Coleman said there was no visual damage to Ellen
Weinstein and the HOA members were not present. Sanders said the wall should
have a catchall basin and he said he spared all the details of the homeowners ofthe
Riverview Condominiums. Sanders said the person who was most affected by this
situation was the person sitting here today. Coleman said the Browns have the
right to put up a 6 foot fence and they cut it down; he said that he did not want that
to happen.
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ASPEN BOARD OF ADJUSTMENT MEETING - MINUTES
JANUARY 11. 2007
Paterson said that for practical reasons it does not make sense to cut the wall down.
Head noted that cutting the wall down 8 inches would accomplish nothing.
Motion: Charles Paterson moved to approve Resolution #001, series of2007
approving a rear yard setback variance for the property located at 1016 East
Hopkins Avenue, finding that the review criteria for the application have been met.
Elizabeth Atkins seconded. All infavor approved 4-0.
MINUTES
Motion: Charles Paterson moved to approve the minutes from December 7,
2006; seconded by Elizabeth Atkins. All infavor, approved.
Meeting adjourned at 5pm.
kie Lothian, Deputy City Clerk
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