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HomeMy WebLinkAboutminutes.apz.19741105 _M"..."____""-.-..~~~,~~,,,.~..~_..<,,,.,...~_.,_~._~~____-~..~--"'.-._~.~...~.-.~-'- RECORD OF PROCEEDINGS 1 00 Leaves FORM Ii C.F.HOECKELD.D.!l!L.Co. Reqular Meeting Aspen planning and Zoning November 5, 1974 The meeting was called to order by Chairman Spencer Schiffer with members Bryan Johnson, Jack Jenkins and Dr. Barnard. Janet Landry and Chick Collins had excused absences. Also present was John Stanford and Yank Mojo. APPROVAL OF MINUTES Since members did not have enough time to look over all the sets of minutes, the minutes were tabled by the Chairman. OLD BUSINESS: Member absenteeism Schiffer signed the amendment to the by-laws voted in on September 19, 1974. In conjunction iwth this, the Chairman noted that Chick Collins had four unexcused absences since September 26. He thought that they should direct John Stanford to bring this to the attention of the Council and that they recom- mend that Collins be removed. Barnard agreed that if they make these rules, the members should have to abide by them. Jenkins reiterated his position that if the people can't afford to give the time to the P & Z, then they shouldn't take the job. Johnson agreed that they should enforce the rule and that a memo should be sent to Council. Motion Johnson moved that they recommend to City Council that Chick Collins be removed from the Commission because of a number of unexcused absences in excess of allowed. Barnard seconded. All in favor, motion carried. King & Gibson Schiffer brought up the situation over King and Gibson Streets which had been discussed in a previous meeting. He said that Planning had sent a memo to the City Manager and that Mahoney wanted a memo from the P & Z. Schiffer thought that while the City and County are working out a plan for that area, they should recommend at least a stop or yield sign be put in temporarily. Barnard said that the area was a blind corner and Schiffer agreed saying that children were in danger there. Johnson said that he had no objection to sending a memo on their feelings to Mahoney. Barnard thought that that spot should be made into a cul-de-sac but Schiffer said that Planners were working on it and until it is worked out they should con- sider the options available now. Motion Barnard moved that they send a memo to the City Manager regarding King and Gibson Streets and Johnson seconded. All in favor, motion carried. Mall Extension Barnard also brought up the fact that there had been no notification to the P & Z of an extension to the Mallon Galena Steet. Jenkins questioned why the Mall hadn't come under their jurisdiction anyway since a building permit needed to be issued. Barnard was especially concerned because of the Aspen Mine Company's approval by the Mall Commission for an outdoor extension had not been approved b y the P ~ Z. Barnard thought that at that time they had made a motion to Council that they be notified on anything having to do with the Malls, but Johnson pointed out that they had taken the position of no more restaurant extensions without their approval. Schiffer entertained a motion to adopt a resolution setting forth to the city Council their position that any planning done in the City with respect to the Mall or anything else first come before the P & Z. -1- Motion Droste Rezoning Application Motion Brinkman Parking Lot -......._......~.,,-."' Jenkins thought that they should specify a requirement of anything presently planned be continued with their approval only. Barnard moved that they adopt a resolution setting forth to the City Council their position that any planning matter including and without limitation any extensions or addition to the Mall first come before the P & Z. Jenkins seconded. All in favor, motion carried. Mojo brought to the attention of the P & Z a request for rezoning in the County. Under County P & Z regulations, any planning development within a 2 mile radius of the City limits be sent to the City P & Z for recommendations and comments. This was a rezoning application for Red Mountain Meadow in which the applicant wished to have the current zoning of 1 unit per 10 acres changed to 2 acres PUD. The area would encompass 65 acres with an application of 35 or 36 homesites plus common land. Mojo said that the Planning Office's position was against the project for the following reasons: the Red Mountain Road is unbearable now and with the addition of 75 to 100 more cars would would compound the problem; the proposed area sets up on the base of Red Mountain and if a fire starts there, there wouldn't be adequate access, plus in the case of fire, there would only be two ditches and according to the Forest Service, these ditches would not hold a fire; finally the Planning Office was opposed becausE they felt it was too dense an application of the land. Mojo mentioned that Benedict, in selling the land to Droste made a condition that Droste retain the common land and that with this application it appeared that Droste was trying to draw off this common land for density purposes. Schiffer noted, that there were probably water problems also and Mojo ,affirmed that according to Marky of the City Water Department, there presently isn't enough of a water supply and that the City would have to build more pumping stations. Mojo mentioned that Droste has water rights to adjudicated Hunter Creek water but Barnard noted that it would be too expensive for him to clean up the water. Schiffer said that if Red Mountain were to burn, it would most definitely affect Aspen aesthetically. Barnard said that they didn't have to do anything with the knowledge, just be aware of the situation, but in terms of disapproval he felt that the road consideration was most valid. He did not want to vote on anything because of lack of enough time to study the problem. Johnson moved that they approve a motion recommending to the County P & Z disapproval because of potential problems with the water supply, traffic and congestion and increased fire hazard. Jenkins seconded. All in favor except for Barnard who voted nay because of the principle that they hadn't had sufficient time to study the matter. Motion carried. Mojo explained that when Ms. Brinkman was originally granted Ordinance 19 approval, it was made conditional that the land not be used as a parking lot. He said that she was there to ask that they rescind that condition. Barnard questioned why they had not required the parking and Mojo explained that at that time the Planning Office's position was that parking not be provided in the core area -- -2- RECORD OF PROCEEDINGS 100 Leaves FORM Ii C.F.HOECKELD.D.!l!L.Co. Aspen Planning and zoning November 5, 1974 Regular Meeting Brinkman, cont'd Motion SUBDIVISION - Benedict exemption and that the P & Z had accepted that premise. He said that because of the recent changes in the Planning Office's position towards parking, they recommended that Ms. Brinkman be allowed to have the parking lot. Dr. Barnard asked Ms. Brinkman if she had provided off- street parking for her restaurant and when she said that she had not been allowed to, Schiffer explained that when her project came up before them, they were just getting into the problem of parking and the Planning Department recommended no off-street parking. Barnard said it was one thing to say you'll do a building and not have to have off-street parking but another thing when the parking is to be a paying situation. Jenkins explained that Council went from one position on parking to another saying that they were going to "accomodate the car while trying to deemphasize the car". Jenkins said that his feelings were positive at that time towards this positon and that if that is their objective still, then the building should provide parking. Ms. Brinkman said that when she had remodeled the building, she had offered 21 free parking spaces and the rest to be paid parking. The City would not let her give the spaces. A year later, she still has the unimproved lot which looks bad and she can't pay the taxes on it. She said that she could have had it landscaped buy that it took 4 months to get in front of the P & Z and she lost her investors because of it. Now she wanted to get her money back by charging for the parking. She said that it would not always be a parking lot and she had talked to Jerry DeFries of the Motherlode about a "greenbelt" in that area. Barnard felt that the situation had changed and that she should have to provide the parking just as he had to do when he allowed a restaurant into his building. Schiffer said that he would like to see her new tenants comply with new parking requirements in terms of buyout parking from her or from the City. Ms. Brinkman protested that all the people in her building had already signed leases and she didn't know how she could make them comply. Jenkins said that the game had changed and wondered when they would have a study session on the parking problem. Schiffer said that it had been scheduled for a past meeting but they had had a study session with Council instead. Barnard moved that they remove that the building complies with requirements of the recommended seconded. All in favor, motion the condition the permanent zoning code. carried. provided parking Jenkins Mojo explained that when the Benedict Land and Cattle Co. sold to Benedict and his wife the land on Riverside Placer, it was noted that a mistake had been made. A line became a forced boundary line as opposed one through the river. The Benedicts were aksing for an exemption from subdivision to correct the records. Schiffer asked Ms. Maddalone, who was representing the Benedicts, if a plat were recorded and if the description on the deed didn't conform with the plat. Ms Maddalone explained that there was not plat, just a metes and bounds description which had been done by Buchanan's Office. When they had the land resurveyed by Trico a year ago, the -3- ~'r 11 surveyors found several discrepancies. Motion Barnard moved that the Benedict exemption be granted on the grounds that they are not within the intents and purposes of subdivision. Johnson seconded. All in favor, motion carried. Maddalones, located next to the Benedicts, were also in need of an exemption to correct the deed. Motion Johnson moved that the Maddalone exemption be granted on the grounds that they are without the purpose of the definition of subdivision. Jenkins seconded. All in favor, motion carried. P. Brinkman Duplex Request was made to condominimize an existing duplex on Lot 1, Block 23, West Aspen Subidivision. Mojo felt that it should be exempt from the definition of subdivision because of platted lots and blocks. Motion Barnard moved to grant an exemption from subidivision and Jenkins seconded. All in favor, motion carried. Redwood Condominiums Attorney Jon Mulford represented the Redwood Condominiums and Anthony Castel lack who would like to be exempted from Subdivision regulations because the building has existed for years and has utility and water hookups. There would be two potential owners, John Prosser and Dwight Shellman, who would use it for employee housing. Barnard questioned whether it was on platted lots and blocks and Mr. Mulford explained that the portion Castellack owns he purchased from the Railroad years ago. Barnard stated tha the law was clear that if it is not on ,lots and blocks, then it comes under Subdivision. Mulford argued that the definition refers to concerns over access and utilities and they have taken care. of both of those problems. Mojo said that the Planning Office didn't really understand about the access o,f the road. Johnson asked if there was an easement to the road and Mulford said that there wasn't one. Mojo said that the Planning Office co~ldn't recommend approval since it is without the intents and purposes of Subdivision and Stanford said that the purpose of those regulations is to make sure any devlopment that happens happens according to certain standards. Schiffer suggested tabling the action until the road ease- ment problem is worked out with the Planning Office. Motion Barnard moved to table the motion until the Planning Office has a chance to research the road access problem. Jenkins seconded. All in favor, motion carried. Motion Barnard moved that they have a study session problems for after the next regular meeting. seconded. All in favor, motion carried. on the parking Johnson Stanford said that another subject the Commission should discuss would be the housing problem. Jenkins moved to adjourn.~nd Johnson seconded. All in favor, meeting adjourned at 5:30 p.m. ~~~ ~ ~~L- Deputy City C erk "'." -4- ,