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HomeMy WebLinkAboutminutes.apz.19790417 BRADFORD PUBLISHING CO., DENVER ......'" RECORD OF PROCEEDINGS Regular Meeting Aspen Planning & Zoning Commission April 17, 1979 Vice Chairman Olaf Hedstrom called the meeting to order at 5:10 p.m. with members Joan Klar, Welton Anderson, Nancy McDonnell, John Schuhmacher present. Ms. McDonnell moved to approve the minutes of the April 3, 1979, meeting as submitted; seconded by Schuhmacher. All in favor, motion carried. Independence Subdivision - Subdivision Exception Shadow Mountain Subdivision Exemption Karen Smith, planning director, showed the Commission plats and told them what is proposed is a request from exception from the full subdivision procedures to change 3 lots in the Independence Subdivision, off Park Avenue, into 2 lots. There is also a request for rezoning from R-15 to R-6, which request was before the P & Z more than one year ago. At that time, P & Z did recommend approval of that request. The planning office recommends that the exception go to Council along with the rezoning request action. Council pro- posed action on that rezoning to develop some housing controls that would keep the proposal within the employee housing needs. This was suggested before the City had any overlay zones, so some of the conditions will be different. The planning office has some reservations about the housing agreement; however, this is not before the P & Z, it is the technical matters of the subdivision review. The city engineering and the city attorney had different viewpoints; the engineer was recommending exemption from subdivision procedures. Their review of the plat was geared to that outlook. The attorney feels since 3 lots are going to 2 lots and the records are not very good in this area, it would be a good idea to go through exception, which requires the preparation of a subdivision plat and the recording of that plat along with restrictions and easements. (Chick Collins came into the meeting). The planning office has no problem with exception and the recording of a plat, and that the P & Z recommends to Council exception from full subdivision and act upon a plat which incorporates the city engineers concerns. Ms. Smith reminded the Commission that the housing agreement is a matter for Council to decide with the issue of rezoning. At the time Council looked at rezoning, they attached conditions that the applicant give a commitment to employee housing. This agreement does do that; however, from the standpoint of t@day's commitment to employee housing, it does not quite meet it. This is an area for Council to mediate with the applicant. Hedstrom moved to recommend exception of the replatting of 3 lots in the Independence Subdivision to 2 lots from the full review procedures, and that Council consider a final plat presented with revisions satisfying the six items contained in the memorandum of Daniel McArthur, April 4, 1979; seconded by Schuhmacher. All in favor, motion carried. Chairman Chick Collins stepped down from the table because of a conflict of interest. Jolene Vrochota, planning office told the Commission this is an application for subdivision exemption for an exemption and future condominiumization of a duplex which is not yet built, and therefore, has no history of rental of low, moderate or middle income housing. Ordinance #39 will not apply. This is on 9,000 square foot lot at Hopkins and Second street, zoned R-6. A duplex is appropriate for the lot. The planning office had recommendations for approval from both the engineer and attorney, who recommends there be six month minimum lease with two shorter tenancies. The conditions which were suggested by the engineering office have been modified. The first one is to pave a 5 foot sidewalk on two sides of the property, which is agreeable to both. The second condition, the electric department suggested is not necessary so it has been retracted. The third condition has Regular Meeting Detweiler Subdivision Exemption Aspen Planning & Zoning Commission -2- April 17, 1979 been compromised. On head-in parking, people generally don't park head-in and some of the spaces are lost. There has been assurances there will be barriers to maintain the six spaces. Ms. Vrchota recommended approval of the exemption with the conditions outlined above, and that a revised plat be submitted before the Council meeting. Hedstrom question the words "utility easement" in condition 4; these should be deleted. Anderson moved to exempt Shadow Mountain Associates from full subdivision procedures with the conditions that the property be deed restricted to six month minimum leases with no more than two shorter tenancies per year, and that a standard 5 foot sidewalk be constructed along both Hopkins Avenue and Second street frontages of the property, and that barriers be provided to insure the parking configuration can be enforced, and that a revised site plan be submitted showing all improve- ments together with revised parking plan, inasmuch as the intents and purposes of the regulations have been satisfied; seconded by Ms. Klar. All in favor, motion carried. Richard Grice, planning office, told the Commission this is an exemption for condominimization of a duplex on Lot 11, West Aspen subdivision. Grice stated the issue is whether or not to restrict this to low, moderate or middle income housing. One of the two units has been occupied within that range since the unit's construction. Gideon Kaufman, representing the applicant, has requested some consideration as the Detweilers have reduced rents over the years for the tenants. Regardless, this is within the low, moderate and middle housing pool. The City Attorney feels that in this case it would be appro- priate to approve the exemption provided it is subject to the notice and option requirements of the condominiumization ordinance, and that the property be restricted to six month minimum leases and that at least one unit be restricted in both price and occupancy. Stock suggests the length of time for this can be negotiated. Kaufman has discussed this with the applicant, who is willing to accept a period of 3 years. The engineering department has no problems and recommends approval without condition. The planning office recommends approval subject to the attorney's comments and the length of time negotiated for price and occupancy. Grice said if P & Z feels 3 years is acceptable, they may take that. Kaufman told the Commission the rent is $375 per month for 1200 square feet and they will be locked into that for 3 years. Hedstrom noted that the unit for price and occupancy should be defined. Kaufman agreed, it should be defined as the rental unit. Hedstrom moved to recommend exemption from the strict applica- tion of the subdivision regulations for the condominiumization of the Detweiler duplex located on lot 11 West Aspen subdivi- sion inasmuch as the intents and purposes of the regulations have been satisfied and subject to the following conditions: the property is to be deed restricted to comply with notice and options provisions of Section 20-22, that the property be restricted to six month minimum leases with no more than two shorter tenancies per year, and that the rental unit be restricted in both price and occupancy limitations for the periOd of 3 years; seconded by Schuhmacher. Dunaway pointed out that the price restrictions set by the Council were geared to square footage, and therefore the rent for this duplex would be more. Kaufman said he understood from the City Attorney was that the rent is restricted to the rent price in effect. "- '- /,,', BRADFORD PUBLISHING CO., DENVER RECORD OF PROCEEDINGS Regular Meeting Aspen Planning & Zoning Commission -3- April 17, 1979 Collins said he felt as long guidelines it is all right. within the guidelines and he Attorney. as the rent fell within the price Kaufman agreed there is flexibili t: would check with the City Hedstrom amended his motion to read that the rental unit be restricted to the present rental price plus the annual increase: permitted under PMH regulations and of the occupancy limitation under those regulations for a period of 3 years; seconded by Schuhmacher. All in favor, motion carried. Herndon Subdivision Exemption Richard Grice told the Commission this is a conceptual review of the Herndon subdivision which is to be at the west end of Francis Street and showed a plat of the property. The parcel is 16,000 plus square feet and goes from Castle Creek. Kaufman said the property is actually 44,000 square feet but with the slope, density calculation only about 17,000 square feet is counted. Grice said the proposal is to divide the parcel into two pieces. One of the exemptions from GMP allows the parcelling of a secon< piece of land when there exists at least a single family residence on the parcel. A further condition of that ordinanc is that both parcels conform to the zoning, and the second parcel created would be restricted to single family use. This application is in conformance with that exemption from growth management. The city engineer, fire marshal and water department reviewed the plats. There is problems with the access. Engineer's comments outline (1) access, (2) rights-of-way with the roads traversing the property, and (3) availability of water - there was a negative comment from the water department. Ellis' memo states all three concerns are resolvable and recommends approval to allow the applicant to proceed to the preliminary stage to answer those questions. Gideon Kaufman, representing the applicant, told the Commission he had met with the engineer and fire marshal to work out the problems. The access will be through West Francis where the dog pens are. Kaufman marked it out on the plat, it will be a 20 foot access. There are two fire accesses and sufficient fire plugs in the area. Regarding the water problems, there are two water mains down Francis street. One is a 14 inch, which the City doesn't like to have people tapping into. The older line is an 8 or 10 inch and there are a lot of people tapped in, and the engineer feels it would be all right to tap into that. Kaufman told the Commission these will be taken care of at preliminary. Both lots are in conformance with the R-6 zone of more than 6,000 square feet. Hedstrom moved to grant approval of the Herndon subdivision conceptual application with the understanding that the concerns of the city engineer and water department have been satisfact- orily addressed and will be contained in the preliminary review submission; seconded by Anderson. All in favor, motion carried Blitz Subdivision Jolene Vrchota told the Commission this is the large duplex Exemption sitting at the top of Galena. This is an application for sub- division exemption for that lot. When this went through 8040 review in July 1975, it was deed restricted so that there will be no further subdivision on the 1.4 acres, so that the density of the land use will not be changing. Ms. Vrchota said this is not affected by Ordinance 39 because there is no rental history of providing low, moderate or middle income housing. The planning office has recommended this have a restriction of six month minimum lease. The eity engineer conunented that Regular Meeting Zoning Code Amendment Aspen Planning & Zoning Commission -4- April 17, 1979 there be a deed restriction on the foot path, which already exists on the property connecting lift lA to Little Nell's, and to have it a 15 foot easement. Kaufman explained that the Durant condominium was going to be expanded on this land for 35 more condominiums. There was a downzoning and the 1.5 acres was zoned from lodging district to R-15, which allowed a duplex only. There is an elevator to get to this duplex. This duplex is 6,000 square feet and is very long because of the topography. The units are 4,000 and 2,000 square feet. Kaufman said he did not think the owner had any intention of selling, at least his unit. Ms. Klar said she felt it was strange to stick in the six month minimum lease restrictions in this high density zone. Kaufman told the Board the owner put in a fire hydrant up on his property. Hedstrom moved to recommend the exemption of Blitz subdivision from the strict application of the subdivision regulations inasmuch as the intents and purposes of the regulations have been satisfied, noting that condominiumization ordinance 39 is not applicable and subject to the fOllowing conditions: (1) a 15 foot wide trail easement be dedicated to the City of Aspen as already on the plat, and (2) the property be deed restricted to six month minimum leases with no more than two shorter tenancies per year; seconded by Ms. Klar. All in favor, motion carried. Welton Anderson told the Commission there will be a public hearing on May 1 regarding a change to the zoning code which would allow radio stations as a conditional use on Main street, 0, office zone. Anderson said he is representing the applicant and will be out of town for that hearing. KSPN went to the planning office to find out if a radio station was a permitted use on Main street. Jim Reents and Richard Grice told them it was as it fit in with the intent of the zoning district as radio stations are 2/3 to 3/4's office space. Anderson said when he went through the zoning code it was not specifically spelled out. Karen Smith has come up with a solution, as KSPN has already purchased a house on Main street. Presently if you are in an historic structure, you can have a conditional use. The plan- ning office will make a radio station a conditional use rather than permitted use. This is the planning office's idea to solve a problem. Anderson told the Commission the material will be in the May 1 packet; this came about from a misunder- standing within the planning office as a radio station did meet the intent of the district but was not specifically spelled out. Anderson moved to adjourn at 6:05 p.m.; seconded by Ms. Klar. All in favor, motion carried. ~) J 4l'AJ Kathryn S och,'City Clerk '- '-'