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HomeMy WebLinkAboutminutes.apz.19790116 BRADFORD PUBLISHING CO., DENVER RECORD OF PROCEEDINGS Regular Meeting Aspen Planning and Zoning Commission January 16, 1979 The Aspen Planning and Zoning Commission held a regular meeting on January 16, 1979, at 5:00 PM in the City Council Chambers. Members present were Charles Collins, Welton Anderson, Olaf Hedstrom, Nancy McDonnell and Perry Harvey. Also present were Karen Smith and Richard Grice of the Planning Office, City Manager Mick Mahoney, Assistant City Manager HJ Stalf and Marty Hershey. Approval of Minutes Hedstrom moved to approve the mintues of November 7 and 21, 1979, as submitted, Anderson seconded. All in favor, motion approved. McDonnell moved to approve the minutes of December 5, 1978, as submitted and January 2, 1979, as amended, Anderson seconded. All in favor, motion approved. Bliss Subdivision Exemption Grice introduced the application. The applicant wishes to condominiumize a duplex located on Pitkin Mesa. There is an existing single family and a second unit is currently under construction, zoning R-15. Grice noted a letter from the previous owner indicating that he occupied the unit for ten years prior to selling to the current owner. Grice outlined the criteria of the new condominiumization ordinance. p&Z should look for evidence that 1) there will be minimal tenant displacement, 2) tenants have not been required to move involuntarily within the preceeding 18 months prior to application except in cases of lawful displacement, 3) condominium units will be affordable to persons of low or moderate income, 4) rental price of the condominium units will not be sUbstantially increased after condominiumization. The Engineering Department notes that the survey does not show the existing easement which has been recorded. City Attorney Stock recommends approval. The Planning Office recommends approval subject to the six month minimum lease restriction and no more than two shorter tenancies per year. Grice noted that the intention of the ordinance is not to prohibit condominiumization of properties that have never been part of the employee housing market. Hedstrom noted a sentence in the ordinance stating that the condominiumi- zation will not "reduce" the supply of this housing. Frost Subdivision Exemption Hedstrom moved to exempt the application for condominiumi- zation of the Bliss duplex from strict application of the condominiumization regulations inasmuch as the intent and purposes of the regulations have been satisfied and that the supply of low and moderate income housing will not be reduced and that the four criteria in Ordinance #39, 1978, have either been met or found to be not applicable and subject to the following conditions: 1) all units shall be restricted to six months minimum leases and 2) there shall be no more than two shorter tenancies per year, Anderson seconded. All in favor, motion approved. Grice introduced the application noting that this comes from Mona Frost and Eva Robison, owners of Lots N, 0 & P, Block 24, Aspen. The two sisters wish to divide the prop- erty for estate purposes. The Board of Adjustment granted a variance from the minimum lot requirement with a condi- tion that both houses met all setbacks after the required survey. The survey showed that the houses do not meet these setbacks. They now request this subdivision and are scheduled for another meeting with the Board of Ad- justment for relief of this condition. The Engineering Department notes that an easement needs to be granted to Lot N from Lot 0 for the encroachment of the house. Grice noted that Stock recommends approval since this recognizes, not creates, a nonconforming lot. -2- Regular Meeting January 16, 1979 Muckenhirn Subdivision Exemption Buckwheat Subdivision Exception Aspen Planning and Zoning Commission Hedstrom moved to table the Frost subdivision exemption application until such time as the Board of Adjustment has taken action on the previous variance so that the application comes to us in a clean manner and until such time as the City Attorney can be present to substantiate to the commission's satisfaction that the nonconforming lot is not created by this subdivision application, McDonnell seconded. All in favor, motion approved. Grice introduced the application. This duplex is located on Snowbunny Court, zoned R-1S. Stock has no problem with the application. Ellis noted that there is no easement dedicated to the public utilities in the SW corner of the lot. He requests a condition that the applicant grant the easement if requested by the appropriate agencies. There is no tenant displacement; the applicant will live in one of the units. The Planning Office recommends approval subject to the six month minimum lease restric- tion and no more than two shorter tenancies per year. David Muckenhirn felt that the rental restriction is very unique. Grice noted that it is a standard condition. Hedstrom moved to recommend condominiumization of the Muckenhirn duplex inasmuch as evidence has been presented that the supply of low and moderate income housing will not be reduced and in fact may be increased and that the criteria of Ordinance #39, 1978, have either been satis- fied or found to be irrelevant and sUbject to the follow- ing conditions: 1) in the event the electric and communi- cation utilities located in the southwest corner of the lot are of a public nature and an easement is requested by Holy Cross Electric, Mountain Bell or Canyon Cable TV, the owner of the property will agree to grant the neces- sary easement, 2) both units shall be restricted to six month minimum leases with no more than two shorter tenancies per year, Harvey seconded. All in favor, motion approved. Grice introduced the application. He noted that Section 20-19 deals with subdivision exceptions. The applicant requests p&Z waive the conceptual stage of subdivision. The applicant wishes to separate a 6,028 sqft. parcel with a single family residence existing from the 22,000 sqft. parcel with an eight unit parlor building located on Highway 82 just east of the Roaring Fork. The City Attorney, Engineering Department and the Planning Office recommend approval of this exception. Grice noted that this is nonconforming due to the density requirements. Collins agreed that nothing is changing by granting this exception because the units exist but the density will be further nonconforming.u Hedstrom noted that they are only excepting them from the conceptual stage and they can address these problems at the preliminary plat stage. Tony Mazza, one of the owners and applicants, noted that Dean Chiminis presently resides in the structure, is remodeling the structure and will purchase this unit when subdivided. Collins was not sure if they could legally approve this further nonconformity. Hedstrom felt that the City Attorney should be present for this. Mazza felt these were questions for the preliminary plat stage since the request is for exception from the con- ceptual plat. Collins noted that they did have the City Attorney's support in writing. Hedstrom moved to grant exception from the conceptual stage of the subdivision regulations for the separation of a single family house and lot out of the same owner- ship as the Buckwheat Apartments inasmuch as the three _v - BRADFORD PUBLISHING CO., DENVER -3- RECORD OF PROCEEDINGS Aspen Planning and Zoning Commisslon January 16, 1979 Regular Meeting Discussion of Annexation with the City Manager Discussion of Trash Areas and Density Bonus requirements of the code have satisfied the commission and that the City Attorney raises no objection and that the City Engineer's comments may be addressed and satis- fied at the Preliminary review stage, Harvey seconded. All in favor, motion approved. City Manager Mick Mahoney presented the views of City Council and the City Administration toward annexation. He felt the appropriate areas for annexation would be the water service area. He felt the main reason for this annexation is for the social consciousness of those who shop and work here. He noted an economic analysis of the cost of annexation by HJ Stalf. The City would be giving up some water revenue, paying more sales tax refund and increase the services to the community. He presented a map of the proposed annexations. He noted an easy route to the Airport Business Center through annexation of the Zoline property. Annexation via the highway would take many annexation periods. Zoline is willing to sell a parcel of 72 acres to the City for 1.3-l.S million dollars. The City is having an appraisal done on this property. Zoline is willing to covenant another parcel of his property against further development. He asks that they rezone from R-1S to R-30. Smith explained that Zoline owns approximately 160 acres which allows 80 units. If he sells 72 acres to the City and rezones the balance of the land to R-30, he would be able to build the same amount. The Planning Office is considering clustering the density and using the landscape to minimize the visual impact. Collins asked if the City prefers annexation by strips or parcels. Mahoney said the quickest way is through Zoline but the Pomegranate and Holiday Inn wish to be annexed. He estimated that it would take four or five annexations to reach the ABC. Harvey asked the attitude of the ABC. Mahoney said they are willing to negotiate but could not guarantee that anyone would annex. They need to get this all on paper and present it to them. Collins felt they need a master plan for this development. Harvey asked if there are limitations on the amount the City can annex in one year. Mahoney said no. Collins asked that they bring in the planning aspects of the annexation. Smith said she will plot out the area to be annexed in terms of density and land use, showing alternatives. Smith introduced the question of whether the trash access requirements in the Commercial Core are excessive. The code requires an area 10'Dx30'WxlO'H per lot developed. Dave Ellis and Clayton Meyring both feel there is room for modification. As far as the density bonus provision for the commercial core, the FAR allowed is 1.S/1 with the possibility of a .S/l additional square footage with employee housing. The request is that P&Z consider a breakdown of this .S for employee housing and commercial space. Anderson voiced his frustrations with attempting to comply with the trash access requirement. He presented pictures of various trash access areas in Aspen demonstrating the excessive size required by the code. He submitted his suggestion for a functional access area that is supported by Aspen Trash. Larry Yaw agreed that the requirement is at least twice the size needed for the function. He felt that the city scapes are suffering because of the disarray of the alleys. Anderson noted that an overhang over the access area is -4- Regular Meeting January 16, 1979 Survey of Aspen Area Employers/ Employees "- Aspen Planning and Zoning Commission counted in the FAR along with the area underneath. This discourages people from covering the trash access area and adds to the problem because of excessive snow accumu- lation. Hedstrom moved to ask the Planning Office to set up a committee including the Building Inspector and Welton Anderson to look into this matter, McDonnell seconded. All in favor, motion approved. Anderson noted that the FAR in the commercial core used to be 2:1 which was down zoned to l.5:l. There was a bonus of .5 to the 1.5 if the .5 was .3 employee housing and .2 additional bonus commercial space but this provision was never explained in the code. The code states that this .5 must be employee housing which does not provide an incentive to the developers. Smith noted that this problem exists in other zones. Larry Yaw noted that this .3 & .2 bonus was used in their GMP application but no one could find it in the code. Hedstrom moved to ask the Planning Office to research this and come up with some recommendations for reconsidering the bonus points for employee housing in the affected zones, Anderson seconded. All in favor, motion approved. Mark Danielsen noted that they would present this survey at the January 22 Council meeting. He stated that there would also be a Snowrnass survey. They will try to deter-- mine if there is an employee housing shortage. They need a good statistical data base for decisions on pending employee housing projects. They need to find out the type of unit most needed, the best location, the employers feelings on funding, etc. He asked that any interested P&Z members attend the Council meeting Monday. Anderson moved to adjourn the meeting, McDonnell seconded. All in favor, motion approved. Meeting adjourned at 7:05PM. ~W~~ChA ) Sheryl mmen, Deputy City Clerk -