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HomeMy WebLinkAboutminutes.apz.19810421 RECORD OF PROCEEDINGS 100 Leaves ~ORM" C. F. ~OECKEL B. B. a: L. CD. Regular Meeting Planning and Zoning Commission April 21, 1981 Olof Hedstrom called the meeting to order with Welton Anderson, Roger Hunt, Joan Klar, Lee Pardee and Al Blomquist, and Perry Harvey present. COMMISSIONER COMMENTS - Anderson pointed out there are four condominiumizations on this agenda. About a year ago, the Commission discussed working on a way to preserve some of the housing pool for locals and employees. Anderson asked what happened to this. Klar agreed with this concern. Pardee pointed out the Commission had gone over various solutions and had not settled on anyone. Commission asked the planning staff to research and present alternatives. Ms. Klar said she is concerned that the six month rental restriction is being abused and is not enforceable. Bill Drueding, building department, agreed with this. CITY MARKET PRELIMINARY PLAT Jack Johnson, planning office, said this preliminary PUD requests waivers of the open space and parking requirements in the NC zone to accommodate expanion of twelve feet of building space. Both P & Z and Council approved the conceptual PUD. The applicant has agreed to comply with the engineering department's requests for 38 parking spaces. Johnson said the planning offfice recommends approval with conditions. Hedstrom opened the public hearing. Hedstrom entered into the record a letter from Bill Rohm, Silver Bell condominium, stating concern that the view of the mountain be obscured by this expansion. No further comments. Hedstrom closed the public hearing. Blomquist questioned having 10 parking spaces perpendicular and flush against the building which may preclude changes in the future and in and out movement to the market may be hampered. Harvey said he would rather see fewer spaces and a more workable traffic plan. Harvey said he also did not like the perpendicular parking across the building; this would hamper bicycles and pedestrians. Hunt agreed he would like to see the parking plan modified and would like to see the parking plan similar to what is there now. Anderson said other uses, bicycles, shopping carts, pumpkins, are more important in the space in front of the building than parking. Johnson pointed out P & Z's conceptual approval was conditioned on 38 parking spaces, which is why the engineering and city market plan both have 38 spaces. P & Z agreed it is better to sacrifice some parking to get a safe and workable arrangement. Blomquist said he would like to see the building angled at 45 degrees on the Cooper avenue side for better visual affects. Pardee said this would take away about 200 square feet of the applicant's space. Hunt moved to approve preliminary plat submission for City Market expansion proposal including approval of their parking plan modified by eliminating the three most easterly spaces on their plan, and conditioned on #1 of the planning office memorandum dated April 21, 1981, omit number 4 in place of the parking above; seconded by Pardee. All in favor, motion carried. PARK PLACE PRELIMINARY PLAT - Hunt moved to table action on this and continue this to May 19, 1981 in accordance with the memorandum and attorney's request; seconded by Pardee. All in favor, motion carried. WOGAN/JACOBSON SUBDIVISION - Gideon Kaufman requested this be tabled to a date uncertain as there are items to be worked out. Hunt moved to remove the Wogan/Jacobson item from the agenda; seconded by Harvey. All in favor, motion carried. ~ ....,.~"~.._._...T....'_.~_~" _-._,.....,._..,. Regular Meeting Planning and Zoning Commission April 21, 1981 PARKER/QUILLEN RESOLUTION - Sunny Vann, planning director, said P & Z had requested a resolution including language in reference to the Section about moving lot lines in previously approved subdivisions. P & Z must make a finding that the general purposes and intent of the subdivision regulations are not weakened by this change. This language was added. Vann told P & Z language has been added that the applicant's had disclosed they were seeking this lot line change solely for the purpose of seeking a subsequent subdivision exemption from growth management. P & Z is making a finding this has the effect of circumventing growth management. The resolution has language about safeguarding the interest of the public and the subdivider as well as providing consumer protection to the buyer. Hunt said he would like language added that historically the P & Z has not granted lot line approval that will add another developable lot. Vann said P & Z has granted lot line adjustments for only two purposes, to correct platting errors or for specific hardships. Hedstrom said he feels the language addresses Hunt's concern. Vann suggested adding "never in the event that such lot line adjustment resulted in increased development right". Pardee moved to approve the resolution regarding an application for subdivision of lots 11 and 12, block 1, Red Butte Subdivision, number 81-6, with the condition that the Chairman review additional language to be put in paragraph for after the first sentence, be authorized to sign the resolution and forward to Council, the added language to be that in no event has such lot line adjustment resulted in increased development rights; seconded by Hunt. All in favor, motion carried. LAURILAT SUBDIVISION EXCEPTION Alan Richman, planning office, said this is a condominiumization request in the RMF zone on East Hopkins at West End, the lot is 12,000 square feet. This is an existing 16 unit complex. The engineering department notes the property description includes a portion of West End street and their records do not show this as being vacated. This needs to be clarified. Richman said the rental history shows these are in excess of the guidelines and that there has been no involuntary displacement. The six month rental restriction should be added to this. The building department made an inspection and their comments have been addressed. Hunt said this is a perfect example of units that would be suitable for employee housing, are outside the guidelines and will be lost to the employee housing pool. Jon Seigle presented a deed from the City of Aspen to a predecessor for the street; there is title insurance showing this is owned by the applicant. This was conveyed in June 1964. Pardee moved to recommend approval of the Laurilat subdivision exception with the three conditions in the April 1, 1981 planning office memorandum and condition 4 that the building shall be changed and brought up to code prior to the selling of the first unit; if this is not done, condominiumization shall be revoked; seconded by Harvey. All in favor, with the exception of Ms. Klar. ~1otion carried. PARRY SUBDIVISION EXCEPTION - Alan Richman told P & Z this is a condominiumi- zation request on Sneaky lane zoned R-30. The lot is 51,700 square feet and has an existing duplex. The engineering department requests corrections on the plat. One unit has been rented outside the employee guidelines, the other is owned-occupied. Six month minimum leases are required. Richman said the furnace in the garage was connected without permits and is a danger. Previously, the applicant had converted this duplex into a fourplex. Most recently this has not been used as a fourplex, but the means for creating a fourplex still exist. The staff recommends the extra kitchens and bedrooms be removed, and any violations of the building code be eliminated. , I RECORD OF PROCEEDINGS 100 Leaves FORM 10 C.F.1l0ECKELB.B.B.L.CO. Regular Meeting Planning and Zoning Commission -3- April 21, 1981 Richman went over the conditions outlined in his memorandum. Richman said should the applicant be found to be creating illegal units, the approval of this condominiumization be cancelled. Bill Drueding, building department, told P & Z this conversion will result in a better building structurally and for the integrity of the zoning code. Hedstrom said there is concern on the part of the Commission on what happens to units after they are condo- miniumized, both on displacing employees and turning units into multi-units. Harvey moved to recommend approval of the Parry Subdivision Exception for the purpose of condominiumization conditioned upon the planning office comments outlined in the memorandum April 1, 1981, with the deletion of the last sentence in condition #5, the condominiumization approval cancellation clause, and all these conditions should be satisfied before condominiumization approval by Council; seconded by Blomquist. Hunt said he could not vote for this because of the absence of a floor plan and plat. Pardee said he cannot vote for this because he does not feel the unit has been duly rented as required in the statute. Roll call vote; Harvey, yes; Hunt, nay; Klar, nay; Pardee, nay; Blomquist, yes; Hedstrom, yes; Anderson, nay. Motion NOT carried. Anderson moved to table this application pending clarification from the city attorney, a plat and floor plan, and more detailed rental history; seconded by Blomquist. All in favor, motion carried. SALITERMAN SUBDIVISION EXCEPTION - Jack Johnson, planning office, told P & Z this is at the southeast corner of Garmisch and Bleeker in an R-6 zone, and the lot size is 6,000 square feet. The applicant is requesting condominiumi- zation of an existing fourplex. The engineering department requests an agree ment to enter into a sidewalk improvement district, if one is formed. Also the applicant should provide an standard utility easement. Johnson told P & Z this fourplex is a legal non-conforming use in the R-6 district. There is parking for this structure; however, it is in the Garmisch street right-of- way. If Garmisch street is ever improved, the parking will have to be relocated. Johnson presented rent affidavits and none of these units were rented within the employee housing guidelines. Planning office is recommending approval of this request with conditions. Herb Paddock, building department, told the Board he has made an inspection and listed six items which can be fixed rather easily. Harvey suggested any approval being conditioned upon correct- ion of the building department's request prior to filing the plat. Gideon Kaufman, representing the applicant, went over the list from the building department and told P & Z he did not feel replacing the siding is a health and safety matter. Another item is that there is not enough headroom on the stairway and in order to remedy this, a closet will have to be removed. Kaufman said this is not a health and safety matter. Paddock told P & Z the building department is trying to be sensitive. Hedstrom said the P & Z was to rely on the building department's discretion in determining whether health and safety were a concern. Harvey moved to recommend approval of the Saliterman subdivision exception with the four conditions listed in the planning office memorandum April 21, 1981, further the repairs required in condition 3 shall be completed prior to sale of any individual condominiumized unit, and shall be assured by recording a list of the requirements to appear as a restriction on the deed, seconded by Pardee. All in favor, motion carried. Regular Meeting Planning and Zoning Commission April 21, 1981 BUCKWHEAT SUBDIVISION EXCEPTION - Jack Johnson, planning office, told P & Z this is located on highway 82 across from Park avenue. This is zoned R-6 in the Buckwheat subdivision, approved in 1979, and contains an eight-unit apartment building. The rental history shows these units are above the employee guidelines. The city attorney requires full compliance with Section 20-22. The engineering department listed seven things they would like corrected. The planning office recommends approval with the conditions listed above as well as any raised by the building inspector. Johnson said the staff would like the parking plan cleaned up. Herb Paddock, building inspector, read the Board his list of requirements for upgrades for health and safety. Gideon Kaufman, representing the applicant, said the parking is on the applicant's property and should not have to provide a parking plan, should just have to show where the parking is located. Blomquist said he would like the parking lot fixed and sidewalks installed as part of the public health and safety in this area. Harvey said the city had addressed sidewalk districts rather than having them installed piecemeal. Harvey said he would agree to a sidewalk district as a condition being added. Ms. Klar and Anderson agreed. Hunt said to him, this building represents "employee housing", and this action is taking employee housing out of the pool. Hunt said the guidelines are not helping. Hedstrom said the city's regulations are a travesty of the intent of the city and should be revised. However, the P & Z has to go by what the Code says. Perry Harvey moved approval of the Buckwheat subdivision exception condition upon full compliance with section 20-22; the applicant agrees to join a sidewalk improvement district if one is formed; compliance with the building inspectors list of conditions; conditions 1,2,4,5,6,7; seconded by Anderson. Hunt and Blomquist stated they would abstain as they feel this is not in the best interests of the community. Harvey, Hedstrom, Anderson in favor; Ms. Klar opposed; Hunt and Blomquist abstained. Motion carried. Jack Johnson said he would discuss with the planning director scheduling a work session with P & Z to go over the issues that have been raised at this meeting. Harvey moved to adjourn at 8:00 p.m.; seconded by Ms. Klar. All in favor, motion carried. , ,