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RECORD OF PROCEEDINGS
100 Leaves
FORM" C,F.HOECKEl9.B.IlL.CJ.
Regular Meeting
Aspen Planning & Zoning
December 8, 1970
Meeting was called to order by Chairman Robin Molny at 5:30 p.m. with William
Tharp, James Adams and Irwin Harland.
Minutes
Tharp moved to approve the minutes of November 24th as
prepared and mailed by the Secretary. Seconded by Adams.
All in favor, motion carried.
PUBLIC HEARING - REZONING DOREMUS/FLEISHER COMPANY
Chairman Molny opened the public hearing on a rezoning re-
quest by the Doremus/Fleisher Company to rezone Lots 1 thru
8, Block 8, Riverside Addition from R-PC-15 zoning class-
ification to R-MF.
Mr. Doremus was present and read his letter of request as
submitted previously.
Charles Vidal arrived.
Mr. Doremus further stated properties that one can buy in
the price range that would qualify economically for long
term rentals, are not availabe.
Chairman Molny referred to the criter~ for rezoning requests
and read memo from Planner Herb Bartel which included the
Master Plan outline for this area; zoning history of the
area and comments.
Charles Collins arrived.
Mr. Walter Mueller was present and sub~itted the following
signed by 14 property owners:
"Gentlemen:
The undersigned are against the proposed change of zoning
of presently zoned R-15 to Multiple Family.
To grant a variance to one owner would eventually escalate
to adjoining properties and thereby change the character of
the area.
The present owner have a right to protection against such
threats. They have settled there with confidence in the
existing law.
Constant changes in zoning will result in confusion and
instability, it will be detrimental to a healthy orderly
build-up of a neighborhood. It will inject an insecurity
to the present residents.
We also would like to stress the fact that the land in
question is presently, and was for a long time, used in
violation to the existing zoning.
Respectfully,"
RECORD OF PROCEEDINGS
100 Leaves
FORM" C.F.HDECKELB.B.lIL.CO.
Regular Meeting, Aspen Planning & Zoning, 12/8/70
"To: Aspen Planning and Zoning Commission
Date: December 3, 1970
The undersigned are against the proposed change of Lot 8,
South of Highway 82, between Anderson's Stables and the
Buckwheat, presently zoned R-15 to Multiple Dwelling for
the purpose of low cost housing.
A previous request by Guido Meyer was rejected at a public
hearing for property located one block East of said property~'
Mr. Mueller stated to grant this variance, additional re-
quests would be forth coming resulting in this type of
zoning escalating to adjoining properties. The storage of
materials, present use, is in violation of the zoning at
this time.
Mr. Marshall was present and stated there are now several
discrepancies in this area already. Property owners bought
land in this area with the intention of this land remaining
one family or duplexes.
Jerry Hobgood was present and stated those uses referred to
in the request by the applicant as being non-conforming uses
were built prior to zoning. With the area built up as much
as it is now, there is congestion of traffic. Should
consider the vehicular traffic off of Highway 82. Residents
in this area need open space and room to breathe, this area
is overcrowded as it is now, the valuation of peace of mind
should be considered. To rezone this land would set a
precedent for this area of town.
Mr. Herb Bartel explained, RMF zoning would allow about 14
units. R-6 zoning would allow 7 units.
Mr. Vidal questioned if the RMF zone were expanded'where
would the proposed boundaries be?
Mr. Bartel explained RMF zoning need not be incompatabile
with residential areas with design criteria.
Jerry Hobgood questioned how much control the Planning and
Zoning Commission has as relates to the number of people
that would occupy the premises. Mr. Bartel explained that
violations of this type many times are Dnly solved in court,
need cooperation from the violator. Immediate need is for
approximately 200 units for employee housing.
Mr. Bartel further explained the dilemma that we are
presently faced with is solving the problem of housing in
close proximity of the service area. Need to consider that
if we can't solve the problem where it should be solved,
housing will be provided in the valley and by doing this
would create a burden on services and transportation.
Mr. Doremus stated they would agree to density, number of
stories, a covenant to minimum occupancy that would be
allowed and would keep records. Also would be willing to
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RECORD OF PROCEEDINGS
100 Leaves
FORM ,a C.F.HOECKELB.B.IlL.CO.
Regular Meeting, Aspen Planning & Zoning, 12/8/70
carry the burden of physical enforcement. Mr. Doremus further
stated this is a pilot project which they wish to be a
success.
Mr. Mueller stated to leave the enforcement up to the
recipient , is not sufficient.
Mr. Kastelic stated he has an apartment house which was
allowed by variance, would like to remodel and build more
units and would like R-MF zoning also. Presently have 4
units and own 2-1/2 acres. Do not wish to re-zone the entire
2-1/2 acres. Small portion of this land adjoins the tourist
zone. Do not object to this request.
Mr. Doremus stated specfic plans have not been drawn, do
not know what the costs of the units will be. Presently
thinking about 10 to 12 family units of 2 or 3 bedrooms.
Would like to stay with 2 stories.
Mr. Vidal questioned under economics what would be considered
as the rental rate.
Mr. Fleisher stated they would not be low cost housing, would
be nice apartments, something that the average employee can
afford to rent long term.
Mr. Tharp stated to use the criteria of contigiuous to a
certain zone, by this logic the entire town could become
R-MF. As an example Mr. Tharp pointed out for a 2 bedroom,
charge $75.00 per person that would be about $300.00 which
is what the going rate in town is now. Your request is
nothing new. Concerned that the housing actually will be
speciJized for a certain class.
Mrs. Mueller stated this corner is a very dangerous area for
traffic. If the housing is such and price is such that you
have to put 4 people in one unit, will have to put ~ with
that much more traffic.
Mr. Marshall stated he agreed with employee housing but what
happens when you put more people in an area than is allowed.
Next owner may change the plans and make it short term.
Chairman Molny stated we would require covenants that would
go with the land.
Mr. Fleisher stated a time schedule has been worked out with
the property owners and would like to keep within the
schedule, otherwise, will have to work out an extension of
the option on the property.
Chairman Molny explained the Planning and Zoning Commission
is committed to look into employee housing within the next
85 days.
Mr. Doremus further explained applicants have not considered
open space or parking at this time. Could go as low as 2
parking spaces per unit.
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RECORD OF PROCEEDINGS
100 Leaves
FORM 10 C.F.HOECKELB.B.!lL.CO.
Regular Meeting, Aspen Planning & Zoning, 12/8/70
Mr. Marshall pointed out plans have not been submitted.
Questioned if the land would be more available after it is
re-zoned, property could be resold. Mr. Vidal pointed out
a higher use would put a higher value on the land, also the
Planning & Zoning Commission can put requirements on the
land that would go with the rezoning.
Chairman Molny closed the public hearing.
Question was raised, if the Planning & Zoning Commission
could put on limitations once the rezoning is granted. Mr.
Bartel reported no, only at the time the rezoning is granted.
Mr. Vidal pointed out what guarantee does the City have if
the rezoning is granted that Doremus/Fleisher Company will
exercise their option and purchase. It was pointed out,
there is no guarantee.
Adams moved that Doremus/Fleisher Company request a public
hearing before the City Council and the Planning and Zoning
Commission prior to Council hearing, outline what restrict-
ions the City might impose and recommend such to the City
Council in the form of a resolution. Seconded by Tharp.
Roll call vote - Vidal aye; Adams aye; Tharp aye; Harland
aye; Collins aye; Molny abstain. Motion carried.
Harland moved that the Planning and Zoning Commission study
the area involved immediately and try to send a recommen-
dation to Council prior to their public hearing on this
specific property and request. Seconded by Collins. Roll
call vote - Collins aye; Harland aye; Tharp nay; Adams aye;
Vidal aye; Molny aye. Motion carried.
Chairman Molny request the Secretary add to priorities:
annual rezoning request date and rezoning criteria required
by applicants.
Tharp moved to adjourn at 6:30 p.m., seconded by Vidal. All
in favor, meeting adjourned.
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~~Lorraine Graves, Secretary