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HomeMy WebLinkAboutminutes.apz.19790220 BRADFORD PUBLISHING CO., DENVER RECORD OF PROCEEDINGS Aspen Planning and Zoning Commission February 20, 1979 Regular Meeting The Aspen Planning and Zoning Commission held a regular meeting on February 20, 1979, at 5:00 PM in the City Council Chambers. Members present were Charles Collins, Olaf Hedstrom, Welton Anderson, John Schuhmacher, Perry Harvey and Nancy McDonnell. Also present were Karen Smith, Joe Wells and Richard Grice of the Planning Office and City Attorney Ronald Stock. Approval of Minutes Change in Agenda Manor House Plat Amendment Aspen Institute, Public Hearing Master Plan Efforts Set Public Hearing Code Amendments, Split Fee Interests, Housing Overlay District Frost Subdivision Exemption Schuhmacher moved to approve the minutes of February 6, 1979, as presented, McDonnell seconded. All in favor, motion approved. Smith noted that the items of the agenda would be in the following order: Manor House Plat Arnendment, Aspen Insti- tute Public Hearing, Master Plan Efforts(set public hearing} tabling code amendments (split fee interests & housing overlay districe/ Frost Subdivision Exemption, Wally Mills Subdivision Exemption, Gordon Subdivision Preliminary Plat, Hamwi Stream Margin Review, Code Amendments and Burnt Moun- tain Expansion Information. Joe Edwards was present representing Michael Teschner. He presented a xerox copy of the plat as it is recorded. He noted that unit nine and unit four are omitted from the plat. This was due to a surveyor's error. He read a section of the code dealing with engineering or surveyor error which states that the subdivider shall be required to file a correct plat approved by P&Z. He felt the easiest way to correct this error is to have the surveyor add his amendments to the plat in the County Clerk's Office with his signature and Collins' signature. Schuhmacher moved to approve the corrected plat for the Manor House Condominiums as submitted this evening to be recorded with the amendments and the signature of the surveyor and the P&Z chairman, Hedstrom seconded. All in favor, motion approved. Wells noted that Dave Ellis has uncovered some technical deficiencies that should be addressed before this public hearing. Wells asked that they open and continue the public hearing to the next regular meeting. Collins opened the public hearing. Harvey moved to continue the public hearing on the Aspen Institute until March 6, McDonnell seconded. All in favor, motion approved. McDonnell moved to set the public hearing on the Master Plan amendments for March 6 and schedule a study session for 12 noon, Tuesday February 27 in the City Council Chambers, Schuhmacher seconded. All in favor, motion approved. Stock explained the difference between split fee interest and time sharing. He noted that they will begin with modi- fying the definitions of residential and lodge units. He asked that they table this for further research. They are also researching the creation of a PMH zone. Collins opened the public hearing. Hedstrom moved to continue this public hearing to March 6, the next regular meeting, Anderson seconded. All in favor, motion approved. Grice introduced the application. The applicant wishes to separate Lot N from Lots 0 & P, Block 24. P&Z tabled this case because they felt they may be creating a nonconforming use and because the Board of Adjustment needed to grant a -2- Regular Meeting February 20, 197~ Wally Mills Subdivision, Conceptual Submission Gordon Subdivision, Preliminary Plat, Public Hearing Hamwi Stream Margin Review Aspen Planning and Zoning Commission variance from the minimum lot size requirement. The Board of Adjustment did grant this variance subject to a perpetual easement for the encroachment of the house on Lot N into Lot 0 with the guarantee that no structure will be erected, maintained or constructed within 11 feet of the westerly linE of Lot O. The Planning Office feels the Board of Adjustment created the nonconforming use and recommends approval with- out condition. Stock explained the history of this case. The board questioned whether they should receive the exemption or the variance first. Albie Kern, representing the applicants, noted that there is presently 2 houses on three lots and the P&Z will not be creating a nonconforming use. Hedstrom felt they should grant the exemption but find out which method is legal for future reference. Collins asked for a written legal inter- pretation from Stock. Hedstrom moved to recommend exemption for the Frost Sub- division from the strict application of the regulations inasmuch as the intent and purposes have been met and that this action recognizes a situation that has existed for many years and that to do otherwise would impose a hard- ship on the owners and a belief that this action does not create a nonconforming lot because of the variance already granted by the Board of Adjustment and subject to written confirmation of these beliefs by the City Attorney, McDonnell seconded. Roll_call vote: Anderson, nay; McDonnell, aye; Harvey, aye; Schuhmacher, aye; Hedstrom, aye; Collins, aye. Motion approved. Grice introduced the application. This application is for conceptual subdivision review for a lot split under Ordinance 3, 1978. The land is zoned R-15 and contains one acre more or less and fronts on Cemetary Lane. The Engineering Department has no problem with the application as long as it goes through full subdivision. The Planning Office recommends approval with the condition that the second lot be allowed only a single family residence. Hedstrom moved to approve the conceptual subdivision .review for Wally Mills lot split on Cemetary Lane with the condition that only a single family residence be constructed on the newly created lot, Anderson seconded. All in favor, motion approved. Grice introduced the application. He noted the comments from Mountain Bell, Bob Jacobs Fire Marshal, Dave Ellis City Engineer and John Young, County Trails and Bridges. Collins opened the public hearing. There were no comments. Collins closed the public hearing. Hedstrom moved to approve the Gordon Subdivision Preliminary Plat subject to satisfaction of the matters raised by Mountain Bell, the Fire Marshal as contained in the memo- randum of February 15, the City Engineer's comments as contained in his memorandum of February 12 and thfL.comments of John Young regarding the trail and bridge easements, Harvey seconded. All in favor, motion approved. Grice introduced the application. He noted this house was constructed prior to the floodplain provision. They are in the flood insurance program by way of the grand- father clause provided that changes made to the structure are not substantial. Dave Ellis has recommended approval subject to the recording of his memo of February 9, the original building permit issued to Burton Eggan, the minutes of the Planning and Zoning Commission of '- ~ BRADFORD PUBLISHING CO., DENVER .".'" -3- RECORD OF PROCEEDINGS Aspen Planning and Zoning Commission February 20, 1979 Regular Meeting Code Amendments, Trash Access and Density Bonus Burnt l-lountain Expansion Information July 20, 1971, and a letter written by Burton Eggan on August 24, 1971, which releases the City of Aspen from all responsibility from future flooding. Ellis also suggests the owner of the property be required to ac- knowledge the letter regarding liability. Schuhmacher moved to grant approval for the stream margin review for the addition to the house located on Lot 16, Black Birch Estates, conditioned on including the following with the application for the building permit for that addition: 1) the memo from the Planning Office dated February 14, 2) memo from the City Engineer to the Planning Office dated February 9, 3) the original building permit for the residence approved by the building inspector dated 9/27/71, 4) copy of the P&Z minutes July 20, 1971, 5) copy of the letter to the City by the original owner Burton Eggan dated August 24, 1971 and also conditioned on an agreement in writing between the present owner and the City that the City will not be held responsible for any flooding damage to the building and new addition, Anderson seconded. All in favor, motion approved. Smith introduced the application. She submitted the memo regarding this issue for the record. The overall opinion of the trash access requirement is that it is too severe and excessive. Welton Anderson, Clayton Meyring and Ms. Smith met to discuss relief of this problem. They recommend that an area 15'L x 10'H x 10'W for one or two lots, an area 30'L x 10'H x 10'W for three to six lots, and an area 45'L x 10'H x 10'W for seven to nine lots. She also proposed changing the title from trash access area to utility trash service area since this area also houses various utility outlets and meters. The last proposal is to exclude any covered utility trash service areas from the calculation of floor area ratio. She noted a reconwendation from the Board of Adjustment which the City Engineer feels is too stringent. She asked that P&Z table this matter pending input from Gage Davis of Boulder. They are working on the downtown beautification program and are looking at alleys and possible ways to improve access and function. Collins opened the public hearing. There were no comments. Smith then addressed the density bonus issue. She ex- plained that P&Z prepared a recommendation to City Council that they provide a .5 bonus to the 1.5/1 FAR in the C-C, C-l and O-Office districts if it broke down to .2/1 commercial and .3/1 employee housing. City Council rescinded this recommendation and it was never pursued. The Planning Office now recommends a .5/1 bonus in the C-l district if .2/1 is commercial and .3/1 is employee housing. They recommend a .75/1 bonus with .25/1 bonus by special review in the O-Office district. Collins opened the public hearing. McDonnell moved to continue the public hearings on two code amendments in regard to the Density Bonus Trash Access Areas until March 6, Harvey seconded. in favor, motion approved. the and All Wells noted that this is an informational presentation only. He introduced Larry Beidleman, Director of Planning for the Aspen Skiing Corporation and Joe Porter, President of Design Workshop. They presented a slide presentation on the Burnt Mountain Expansion. Collins asked the Planning Office to clarify the P&Z's -4- Regular Meeting February 20, 1979 - Aspen Planning and Zoning Commission input in the process. Collins asked the Planning Office to draft resolutions commending Ellen Anderson and Donald Ensign for their work on the P&Z. Harvey moved to adjourn the meeting, McDonnell seconded. All in favor, motion approved. Meeting adjourned at 8:00 PM ~~.It/.r ~IU-/ Sheryl<Simmen, Deputy City Clerk c/ -