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HomeMy WebLinkAboutminutes.apz.19690114 ,-- - RECORD OF PROCEEDINGS 100 Leaves FORM 10 C.F.HOECKELO.B.8:l.CO. Regular Meeting Aspen Planning & Zoning January 14, 1969 Meeting was called to order at 5:00 p.m. by Vice Chairman George Heneghan with the following members present: George Heneghan - Vice Chairman Mayor Robert Barnard Dale Mars Yvan Tache Robin Molny Francis Whitaker - excused absence Barnard moved to approve the minutes of December 9th as prepared and mailed by the secretary. Seconded by Molny. Roll call vote - Barnard aye; Molny aye; Tache aye; Mars aye; Heneghan aye. Tom Benton Proposal - Mr. Benton was present and request proceedings be initiated to change the density back to what was originally in the Master Plan. Councilman John Benninghoff arrived. Request a change to: multi family - 1500 sq.ft. per land area accommodations - 750 sq.ft. per land area boarding and rooming houses - 500 sq.ft. per land area Also request Planning and Zoning set up scale control. This would gain more open space rather than the buildings from lot line to lot line as we have seen built this last summer. Will supply the Planning and Zoning with some ideas on this as soon as they are typed up. Butch Clark stated he hated to see people who don't own a lot of land in the downtown area dictate whats going to happen to the land. Feels that since there is not a large amount of land available that it will control itself. Barnard made a motion to schedule a public hearing on this material for February 11, 1969. Seconded by Molny. Roll call vote - Mars aye; Molny aye; Barnard aye; Tache aye; Heneghan aye; Barnard aye. (See change in date latter in minutes) Rezoning - Guido Meyer, Public Hearing Vice Chairman Heneghan - We have here a petition for rezoning of the Guido Meyer property. I am quite certain thatall of the surrounding land owners have received a very lengthy petition to rezone and it is two pages of 750 30' sort of thing and I am not going to read it but if someone has not, he is certainly welcome to have a copy. So at this time I would like to open the public hearing to the floor for discussion. Attorney Cutter - I am appearing here on behalf of FrankDelaney who represents Guido Meyer. We have asked the Planning and Zoning Commission to consider our petition at this time and ask for a favorable recommendation. I think I am prepared to answer any questions which you might have and per- haps that would be a better way to approach the matter rather than my speaking on it. N~ 68 ~ - RECORD OF PROCEEDINGS 100 Leaves FORM 10 C.F.HOECKELB.B.Il:L.CO. Reg. Meeting, P & Z, 1/14/69, continued. Vice Chairman Heneghan - Thank you. I now would like to see if there are any comments from the floor and then perhaps we will get back to you later. I would like to make one more comment. We do have a map showing the location of the property which is too small to hang on the wall, but if anyone would like to see that, it is available. William Dunaway - What is the zoning presently and what is being proposed? Vice Chairman Heneghan - The zoning is presently R-15 and the request is to change it to AR-l. Secretary Graves - I do have one letter. (letter handed to Chairmanl Vice Chairman Heneghan - I am going to request that Robin Molny read this letter to the group. Dear Mr. Wurl: Pursuant to our discussion last week during which Harvey Hall was in attendance, I would like to reaffirm my desire to be annexed to the City of Aspen provided the property would be zoned AR-l. This appears to me to be the most desirable use for said property. It is presently bordered on the east by the Alpine Lodge and on the sourth across Highway 82 by the Cresta Haus and other apartments. I feel that the AR-l zoning would be in keeping with the general zoning of the area and be more beneficial to the plan and appearance of Aspen. I also see some natural barriers to the extension of this zoning along Highway 82 to the east. I am enclsoing property description for preparation of the application request and a plat of the area surveyed by Mr. Buchanan. You will note the supplemental survey describing boundary lines between the Alpine Inn. This change was reduced to writing in August 1968. Please do not hesitate to contact either myself or Harvey Hale. /s/ Larry F. Ferguson Vice Chairman Heneghan - Thank you Robin. Now are there any comments from the floor. John Doremus - First of all I have a copy of a letter that was addressed to William Tharp Chairman of the Aspen Planning and Zoning Commission from Jesse K. Joy. (Secretary related she had not received a copy of this letter, letter read by Mr. Doremus as follows:) Dear Sir: As a property owner in Block 24 - at 825 Riverside, Riverside Addition of the City of Aspen arid not able to attend your public hearing to consider a re-zoning request by Guido Paul Meyer to re-zone blocks 21,22, 23 in the Riverside Addition From R-15 to AR-l, I wish to be on record as opposing any change in the zoning in the Riverside Addition from R-15 to AR-l. Regardless of any arguements in favor of such a change once it is allowed N~ 69 ___'~_'.M_"""_"""""'-_____'..~_' ,-- - RECORD OF PROCEEDINGS 100 Leaves FORMIG C.F.HOECKELB.B.8:L.CO. Reg. Meeting, P & Z, 1/14/69, continued. a desirable residential is never the same again, next to a AR-l area. I repsectfully hope, you and the other members of the commission will turn down this request for re-zoning. /s/ Jesse K. Joy My.'own personal comment is I think it would be very imprudent to consider a change of this kine on such a small tract of ground, 1.3 acres. I think that there could be a certain amount of merit in studying the area. I would think the area would go to the Cooper Street bridge, include both sides of the Highway and it might go out to lets say the limits of the City at the present time and to where you actually get into residential and undeveloped portions. Again I stress that both sides should be con- sidered. This makes it complicated because one side is County and one side is City. That dosen't mean that we should not do it because it is more complicated. I think this would be a clear cut case of spot zoning or spot re-zoning. If any serious consideration were given to this petition at this time, if an indepth study is made of that whole stretch of the Highway, buffer areas considered for the residential areas and some other considerations, I think the people in the area might look at it in a more favorable light. I would like to comment on paragraph 4 of the petition it says, "at the time your petitioner applied to have said property annexed to the City of Aspen, he was informed and was of the opinion that siad property, after annexation, would be reclassified and rezoned as an AR-l District." I have enough respect for the Council and all .~ the other City officials to believe that this was never stated. Carla Cutting - Is that AR-l tourist zoningl Vice Chairman Heneghan - That is correct. Fred Lane - I received 2 letters, one from Vera E. Sears and Jack Holst. (letters were read by Fred Lane as follows:) Dear Sir: I understand that a meeting will be held January 14th, 1969 to change the zoning law in the area where my property is located "Riverside Drive". Although I have not been officially notified, and won't be able to be in Aspen for the meeting, I would like to make my position clear and cast a negative vote. I authorize Mr. Fred Lane to represent me at the meeting by this letter. /s/ Vera E. Sears I, Jack Holst, the owner of lot 21 in the Riverside S~bdivision, block 1, hereby authorize Fred O. Lane to object to any change in zoning of any lot or area in the Riverside Subdivision. /s/ Jack Holst Bud Strong - I own property right next to Guido. As far as the Master Plan is concerned, when they zoned it R-15 to start with that is residential. They didn't take into consideration all these lodges, apartments there are apartments, Guido's Crestahaus and Alpine Lodge there to start with. To N9 70 ,-- -. RECORD OF PROCEEDINGS 100 Leaves FORM 10 C.F.HOECKELB.B.Il:L.CO. Reg. Meeting, P & Z, 1/14/69, continued. start with the Master Plan was all screwed up. I talked to the Master Planner and I talked to Fritz Benedict, and they said all you have to start with is go to the Master Plan to get what you want. I thought the Master Plan was supposed to plan these things out to start with. They evidently didn't do it. So now we are going to have to go back and fight the Master Plan, go right back and say here we have all these apartments, lodges and now wewant it changed. This is a real big deal going. And as far as some of these little property owners they own just one little lot. It wouldn't do him any good anyway so naturally he is going to say we don't want this. But you are getting right back again where right next to the Highway we don't want this, but it is already there. How can you keep it residential R-15. There is no such piece of ground left there that you can build a house on R-15. So you are just defeating yourself. Attorney Clint Stewart - Let me add a little bit to what Bud has just indicated. In this connection, I would say that I represent Bud in so far as this is concerned. The pe~ition and status of the land that we are speaking about is from the Cooper Street bridge up to through the land, I believe, Guido is involved in has been established I believe for a period far in excess of probably l5years. Now, I think the Miller Lodge or Miller Rest as it used to be called was there in 1964, I know. The Alpine Lodge across the street was a lodge that was in existenance at that particular time. The Riverside Addition, the old as well as the new, had not been developed at that particular time. There was one house, I believe, out near where Dr. Barnard's house is. So what we are talking about is not a matter of changing the status of things really of what exists but one of rather confirming more or less what existed at that time. And avoids the necessity or opportunity of the landowners within the area coming in and asking for a variance to do something. This is not unusual in this type of town. Its a situation that has been created by something that has occured maybe two or three years ago, that is a different situation. You do have in this a situation that has been created years ago. I would agree with what John Doremus has indicated here a study perhaps should be made of this and perhaps consideration should be given as to each side of the Highway there. But as we drive out, I mean, I think consideration here would be not a change what is taking place but I think consideration should be given to all of the adjoining land within the area. The land that Bud Strong has that perhaps Toni has here, that I believe joins it and so forth, so I think we are thinking about a region and if this is going into slope development and into a zone that conforms more or less what is taking place then I don';t think the landowners would have any object- ion. New I realize that you have areas adjoining there that there would be objection. I am speaking now of the area primarily along and adjacent to the Highway that goes up and I believe that a favorable consideration of the petition with the understanding that the area along the Highway on each side would be given consideration say out to some given point, out beyond Guido's property out there out to about the Knollwood area would be worthy of consideration. I think those landowners would be entitled to that consideration. Pat Earhart - Mr. Stewart is talking about a buffer zone, it appears to me there is the Crestahaus and the Alpine Lodge there is today the way they are designed, no buffer zone needed to protect the home owners, by a strip of trees. It appears to me that the reason to ask for an AR change is to give people with lodge carte blanche to add so many 100's of units if it met the proper qualifications. But today now they can go before the N~ 71 ~ -- RECORD OF PROCEEDINGS 100 Leaves FORM 10 C.F.HOECKELO.B.llL.CO. Reg. Meeting, P & Z, 1/14/69, continued. Board of Adjustment and request a variance to do it and add on to their lod- ge within certain limitations. I am here to express my personal opinion and also for Betty Kallstrom who was unable to appear who is a property owner - negative, no AR change. Dean Billings - I would like to know for what plans they want this change. Just How and why? Attorney Cutter - On behalf of Mr. Meyer, the property and incidently it is 4.2 acres, that did not appear in the petition, the area is not under contract, it has not been sold at this time. At the present time Mr. Meyer plans in the future to expand the Crestahaus which is only an 18 unit at this time and this is his plan at this time. Of course, with out a reclassJfication or amendment to the classification, he is not in a position to do any planning, not even the first step. But the property is not under contract nor has it been sold, no option or agreements have been made on the property at this time. Dean Billings - The question is what is planned there if it is changed? Attorney Cutter - Expansion of the present operation. Dean Billings - Of what? Attorney Cutter - Don't think we can say at this time because we can't even approach the financing step without a guarantee that this could be built if financing were availabe. Mr. Durrenberger - I live in Riverside Subdivision. I have been trying to find Park Avenue I have seen an old map. It goes through property and now it is cut off there at the ditch. It takes up again on Highway 82. In these specifications it says something about his property makes part of Park Avenue and in looking on the map Park Avenue is only 25' wide, that is just about an alley. Its not kept up by the City, its one block there that goes to the ditch from the Riverside Subdivision or Riverside Drive. Now if his property comes up to there and expands that is going to interfer with the residential there very much. lam against it, on those grounds. I won't care to live here, I'd just sellout and leave. So I would give a negative vote in regards to this request. Does anyone know, does Park Avenue go clear through? Vice Chairman Heneghan - I don't believe it is platted as going clear through. Mr. Durrenberger - It does on a real old map. Bud Strong - I would like to clarify that, when me and Miller owned that place and both of us on Park Avenue and the City deeded naIf of it to their property and half to my property. Thatis on the south side of the Highway. Vice Chairman Heneghan - So at the present time the road goes as far as it will ever go. Bud Strong - Just to the Highway. It goes north but the other way it dosen't. N~ 72 -"-'...--~,_...".- ."..._.......,..,...--', ,.... RECORD OF PROCEEDINGS 100 Leaves FORM 10 C. F. HOECKEL B. B.8: L. co. Reg. Meeting, P & Z, 1/14/69, continued. Mr. Durrenberger - I am talking about the other end, the other side of the road. Bud Strong - That isn't involved in this. Mr. Durrenberger - I mean on the other side of the Highway and you are talking about the north side of the Highway. Mrs. Harland - We already have a well established residential area there and I think by changing the zoning, in this case spo~ zoning, we are opening it up and the way Clint Stewart is talking it sounds like strip development along the Highway. Now I would much prefer to see Guido Meyer go to the Board of Adjustment with his plans for expansion of the Lodge and see if they would be willing to extend him a variance, of a non-conforming use. If they gave a variance it would go with the owner. If you make the change it won't make any difference who owns the land and we have no assurance of what would go in there. Fourt Ladies - I would just like to concur with Mrs. Harland. Carla Cutting - I thought very thing, strip zoning, is an entrance to Aspen. this. the whole idea of zoning was to prevent this to the entrances to Aspen and essentially this So I am opposed to anything that would change Leo Rowland - If Guido wants it, I don't see why he shouldn't have it. Joh~Doremus - I want to make clear for the record that I am not necessarily for rezoning, but I felt that if it was given any consideration at all, it should be studied as an area. Finally it occured to me that if any reclassification were considered that it woujd logically be AR-2 a surburan tourist area not AR-l in any case. The AR-l should never be considered. A surburan classification would be a higher density accommodations recreation use that might come close to residential area. Not AR-l which is meant for close to downtown. Vice Chirman Heneghan - Is there any further comments. (no comments) At this time I would like to close the public hearing and restrict the remarks to the Commission. Any comments from the Commission. Mayor Barnard - I think that this would be possibly the beginning of strip development out east of town and I am opposed ~a it. Yvan Tache - The area out there could be used later on for recreation, it is a beautiful end of town and if we start letting lodges and rezoning then we have lost that area, I am against it. Robin Molny - John, when you talk about buffer strips, what do you meanl John Doremus - Green belt of some appropriate width, perhaps landscaped. Robin Molny - It seems to me that on the north side of the Highway, you would have a lot of problem with that because of the pitch of the land. It would be hard to create a buffer zone on a hillside. John Doremus - I thought about giving it consideration. There are a cluster Ng 73 - RECORD OF PROCEEDINGS 100 Leaves FORM" C.F.HOECKELB.B.ll l. CO. Reg. Meeting, P & Z, 1/14/69, continued. of non-confirming uses and if any case can be made in g~v~ng them as a group an economic hardship then there is a tendency for them to be second class in grade and if they are second class they are almost as much an eyesore as if they would be allowed to expand and become first rate. You have to take the practical aspect of it. I am not sure that it should be rezoned, but I would think the City and County owe it to that neighbor- hood to perhaps at some future time to give it some thought. There is a whole bunch of non-conforming uses not just one. If extra considerations of a 100' buffers fully landscaped and some ouher considerations perhaps could be gleaned by this by working together with the people in the neighbo rhood. Councilman Benninghoff - In answer to Mr. Molny's reference to that being a hillside and not subject to beautification, you might say I think we have a pretty good example right down there in Glenwood Canyon where the Highway garage is and from there on where they have planted trees up against that bank, and things of that kind. Its a rather attractive drive down through there. I wouldn't say that that is what John Doremus had in mind, it would suffice to improve that bank along in there. Robin Molny - Well, you get involved technically about will it grow and things like that. Councilman Benninghoff - They didn't consider that down there, they just went ahead and planted it and it grew anyhow. Mayor Barnard - Mr. Chairman, It isn't clear to me who is going to build this buffer strip or on whose land it is going to be provided. You are talking about a non-existent rhing there. Our problem is are we going to rezone this or aren't we. Vice Chairman Heneghan - Before we call for a motion, I would like to give the attorney an opportunity to make on last remark. At~orney Cutter - I have considered what Dr. Barnard raised quite a bit. I think the problem of a strip development there is of some significants. I think there is one thing or several things that makes this almost physically impossible above that or going towards Independence Pass. You have several residential subdivisions that are in use at this time and I think provide a natural physical barrier to any type of strip development. Coming from town, your AR-l virtually join this tract in question, from town going towards Independence Pass, they practically join there. You have this island of non-conforming uses and there are any number of them in there and as Mr. Stewart pointed out they have been there for some time and have always been that way. Besides you have, at least the way I feel, a natural break in that there is a ridge between the Riverside Subdivision which is a residential area at this time, which I think provides a natural break between this area which we wish to have reclassified and the residential area that is already built up. So I think if you consider these three things, the fact that you have AR-l approaching it and well it is true its to the river is what it is and above it you have established residential area which provide a very practical barrier to any sort of a commercial strip development along Highway 82. And the natural physical lay of the land with the ridge, I think perhaps the fears of a strip development shoujld be reassessed. I don't think there is that danger to be that much of a consideration in this particular case. N~ 74 -,,---~~- - / . RECORD OF PROCEEDINGS 100 Leaves FORM 10 C.F,HOECKELB.B.8: L. CO. Reg. Meeting, P & Z, 1/14/69, continued. Mayor Barnard - I would like to take this opportunity to shoot this gentleman out of the saddle. I would like to ask you what happens to residences that are so unfortunate to end up in a tourist zone. They just flat get moved. People pick them up and take them somewhere else. and build on whatever the allowable zoning is. So don't tell me that because somebody has a homesomeplace that that is going to protect anything because that just isn't so. Attorney Cutter - No I don't, I think the thing to consider is we are asking here is precisely what Mr. Stewart stated, we are just asking to be brought into conformance with the present usage. Anyone that goes into the residential area, of course, as these people must come up against a real problem. This is not what I envision. I am not saying that it is impossible, of course its possible, I think it is something that should be considered as a natural barrier to a strip development which I realize you are very much concerned with. Mayor Barnard made a motion that the Planning and Zoning deny the request for rezoning. Seconded by Mars. Vice Chairman Heneghan ~ I would like to make one comment before we call for a vote. Because once we have called for a vote everybody is going to get up and leave. I wish we had l/lOth this number of people here when we are trying to plan something before it becomes a crisis. You can come in and we could have your comments in a more leisurly fashion and that you would attempt to help us as much as you can if you have some time. The only time we have a crowd in here is when there is some sort of crisis like this. As soon as there is the vote, everybody is going to get up and leave and there will be just the five of us here. Roll call vote - Benninghoff aye; Barnard aye; Tache aye; Heneghan aye; Molny aye; Mars aye. Janss Subdivision - Vice Chairman Heneghan reported the applicant has re- quested a postponment which has been granted. Hearing is rescheduled for January 28th, 5:00 p.m. Subdivision Regulations - Vice Chairman stated this public hearing would be held on February 11th, 5:00 p.m. and request the Secretary publish a notice of public hearing to this affect. Service Stations - Mayor Barnard suggest the Planning and Zoning schedule a public hearing on the following proposal: Make all present service stations conforming uses with the exception of Sinclair who has expressed a desire to move. Create an area on Main Street from Spring to Origianal as an area allowable for service stations. This would be one-half block deep. Councilman Benninghoff suggested on Original all the way from Main to Cooper. Questioned was raised as to the west end of town. Tom Benton suggested a service area be created down by the airport and this is where service stations should be. It was pointed out that the reason service stations have not yet located in the C-2 zone is because there is no land available until the railroad sub- N~ 75 ".oo<___'_M'"''''_.''' .". 'M'_"~"__ - ---... RECORD OF PROCEEDINGS 100 Leaves FORM 50 C.F,HOECKELB.B.&L.CO. Reg. Meeting, P & Z, 1/14/69, continued. mits a plan for that area owned by the railroad. Mrs. Lane pointed out she had talked to Rio Grande and they would be interested in having a service station locate on their land in the C-2 zone. Barnard made a motion to schedule a public hearing on February 25th on location or locations for gas stations. Seconded by Tache. Roll call vote - Heneghan aye; Benninghoff aye; Barnard aye; Tache aye; Mars aye; Molny aye. Commission request this item be the only item to be considered at the February 25th meeting. Vice Chairman Heneghan request a volunteer to attend all County Planning and Zoning meetings. Also request the Secretary make the same request of the County Planning and Zoning to have one of their members attend our meetings. Height of buildings - Mayor Barnard request the Planning and Zoning consider raising the height limit of buildings and set backs in relation to height. Tom Benton reported that he had a definite proposal on this and would like to present it to the Commission at their next regular meeting on January 28th. Also the City Engineer presented a proposal on this. Tobe con- sidered at the next meeting. Commission agreed to have a public hering on height of buildings and the set backs in relation to, on the 4th of February. Barnard made a motion to change the public hearing on density and scale control to February 4, 1969 and at the same time to consider height of buildings and set backs. Seconded by Mars. All in favor, motion carried. Vice Chairman Heneghan request the Secretary to look into a bigger room for the hearings to be beld on February 4th and 25th. Molny make a motion to schedule a study session on density, scale control and gas stations. Seconded by Tache. It was pointed out there would be another regular meeting prior to the hearings. Molny withdrew his motion and Tache withdrew his second. Vice Chairman opened the nominations for Chairman of the Planning and Zoning Commission for 1969. Tache nominated George Heneghan for Chairman, seconded by Mars. Roll call vote - Mars aye; Benninghoff aye; Molny aye; Barnard aye; Tache aye; Heneghan abstain. Mayor Barnard closed the nominations, seconded by Mars. Roll call vote - Mars aye; Benninghoff aye; Molny aye; Barnard aye; Tache aye; Heneghan abstain. Meeting adjourned at 6:30 p.m. All in favor, meeting adjourne N~ by Mol , secopded by Tache. ~ Secretary. -,-,."...._..............,---------~--'..