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HomeMy WebLinkAboutminutes.apz.19680423 ., """" . RECORD OF PROCEEDINGS 100 Leaves FORM ~I C. F. HOECI(EL B. B. Ii L. co. Regular Meeting Aspen Planning & Zoning April 23, 1968 Meeting was called to order by the Chairman at 5:05 p.m. with the following members present: Chairman William Tharp Mayor Robert Barnard Councilman John Benninghoff Joel Hartmeister Also Present: Building Inspector Roger Mahnke Planner Jerry Brown Absent: Francis Whitaker - Excused George Heneghan - Unexcused Yvan Tache was present - new appointment by the Mayor and took his seat at the Commission table. MINUTES Councilman Benninghoff made a motion to as mailed. Seconded by Mayor Barnard. Hartmeister aye; Benninghoff aye; Tharp approve the minutes of April 9th Roll call vote - Barnard aye; aye; T ache aye. PUBLIC HEARING Chairman Tharp opened the public hearing on zoning of the Adkins Property and West Aspen Company Property. Adkins property recently annexed to the City and West Aspen Company in the process of being annexed. No one present representing the Adkins Property. Inspector Mahnke pointed out to the Commission the only thing on the property is the Adkins residence and the Master Plan calls for R-15 zoning which is what theCity is proposing. Barnard made a motion to zone the annexed Adkins property R-15 as per the Master Plan. Seconded by Benninghoff. Roll call vote - Hartmeister aye; Tache aye; Benninghoff aye; Barnard aye; Tharp aye. Public Hearing on zoning of the West Aspen Company. Represented by Paul Rodman, President of the West Aspen Company. Mr. Rodman submitted larger maps showing the total picture of the area. Request zoning of AR-l for the entire area which is being annexed. Would like to build low cost apartment housing which there seemed to be a short- age of in Aspen. Submitted a questionnaire showing the ideas of what the Company has in mind to build. Jerry Brown pointed out the Commission should consider the set backs. County requires 200' set back from the highway. Plans show 35' set back on the County road and 100' set back from the highway. Barnard made a motion to table a decision on this request for further study. Seconded by Hartmeister. Roll call vote - Tache aye; Barnard aye; Benninghoff aye; Hartmeister aye; Tharp aye. N9 19 _-<O"";"_'_"~'__'_"___'_ " _____,.______~" " r RECORD OF PROCEEDINGS 100 Leaves fORIII \~ C. F. HOECI( EL O. B. It L. co. Reg. Meeting, P & z, 4/23/68, continued. Public hearing terminated. COMMERCIAL CORE ZONE Jerry Brown, Planer, submitted a proposal for a commercial core zone. Area including: Main Street to Durant and Spring to Mill. Commission reviewed proposal, proposal read by Chairman Tharp. Discussed including parking regulations as discussed at the study session of commercial uses in the C-C zone could lease parking in the C-l District, accommodations in the C-l would have to provide their own parking and any other commercial use in the C-l zone could lease parking. Jerry Brown pointed out he had not gone into a parking and leaseing arrangement on the proposal at this time, rather wait and see how this concept is accepted. Yvan Tache left the Chambers. Barnard made a motion to schedule a public hearing on the Zone for May 14th at 5:00 p.m., seconded by Hartmeister. Hartmeister aye; Barnard aye; Benninghoff aye; Tharp aye. Commercial Core Roll call vote - BUILDING REVIEW Clariification on by Fred Hibberd. from the Board of several buildings theheight provisions in the tourist zone was requested Mr. Hibberd pointed out that a variance can be requested Adjustment but when Title XI was drafted there existed over the height limitation due to sloping grades. Jerry Brown pointed out the reason for requiring a variance from the Board of Adjustment is because of blocking of neighboring property owners view. Ordinance was drafted to catch most of the situations. Chairman Tharp request Mr. Hibberd contact Jerry Brown and the Bui~ding Inspector for a clarification. **-k******* Tipple Inn - 2 Projects - Duplex and 2 Condominium Units. Inspecmr Mahnke reported the projects meet all requirements except for the height. Requirement is 25' and plans show 35'. Commission reviewed plans with Architect Ftitz Benedic~. Hartmeister made a motion because of non-compliance vote - Tache aye; Barnard *********** Tom Daly - Revised set of this be referred with the height. aye; Hartmeister to the Board of Adjustment Seconded by Barnard. Roll aye; Benninghoff aye; Tharp call aye. plans, addition of 6 condominium units. Commission reviewed plans. Inspector Mahnke reported the plans meet all requirements. Barnard pointed out if a C-C zone is created, no condominiums will be per- mitted in this zone. They will be allowed in the existing C-l zone. N9 20 ....-<0..,.."_.'''........,,. __~,,_._~__._________;.........,~.~ . , ,.- RECORD OF PROCEEDINGS 100 Leaves FORM I! C.F.HOECKELB.B.IlL.CO. Reg. Meeting, P & z, 4/23/68, continued. Hartmeister made a motion to accept Tom Daly's revised plans. Seconded by Barnard. Roll call vote - Benninghoff aye; Tache aye; Hartmeister aye; Barnard aye; Tharp aye. Mayor Barnard left Commission Chambers. ********** Aspen Alps - 11 units Mayor Barnard returned. Inspector Mahnke reported there is a problem on the height with this set of plans. Over the requirement. Commission discussed the road which services this area. Barnard pointed out the road should meet City standards, presently too narrow. Barnard made a motion that the Commission reject the plambecause it is over the fueight limitation and the flow of traffic due to the narrow road. Seconded by Hartmeister. Roll call vote - Tache aye; Bennigghoff aye; Barnard aye; Hartmeister aye; Tharp aye. ********** Norris Taylor Furniture Shop - Enclose patio for office space. Inspector Mahnke reported no problems. Commission reviewed plans. Barnard made a motion to approve the plans for Norris Taylor. Seconded by Benninghoff. Roll call vote - Barnard aye; Benninghoff aye; Tharp aye; Tache aye; Hartmeister aye. *,,<******** Crystal Palace - 2 story addition to the east of the building. Discussed access to the parking to the back of the lot. Inspector Mahnke reported all requirements had been met. Barnard left Commission Chambers. Benninghoff made a motion to Palace. Seconded by Tache. aye; Tache aye; Tharp aye. approve the plans submitted by the Crystal Roll call vote - Benninghoff aye; Hartmeister Ute Subdivision - Jim Blanning was present and request the Commission schedule a public hearing on Ute Subdivision. Mayor Barnard returned. Attorney Bob VerShure was present and informed the Commission the land Mr. Balnning is requesting a public hearing on is presently under litigation. Mr. Blanning is claiming title which he does not have. Benninghoff made a motion the Commission reject any request or consideration at this time until title to the property is established. Seconded by Barnard. Roll call vote - Hartmeister aye; Tache aye; Tharp aye; benninghoff aye; Barnard aye. **~~******* Hodge-Oliver Project - ~oel Hartmeister, Commission member made the following statement: N9 21 --..,-.--..-.+..--.-....------....,.-...- 't - RECORD OF PROCEEDINGS 100 Leaves fORM 10 C.F.HOECI(ELB.B./tL.CO, Reg. Meeting, P & z, 4/23/68, continued. "At the regular meeting of the P & Z on the 9th of April, I raised the question of whether we had handled the matter of the Hodge-Oliver application for a building permit in a proper and legal manner. I now again raise that question. The P & Z has spelled out for its guide lines in the City Ordinance known as Title XI in 11-1-11 the Chapter known as Building Review. In this Chapter it very clearly sets forth the duties of the members of the P & Z and how this is to take place. It states as follows: The P & Z Commission shall review all proposals for new construction in the C-l, C-2, AR-l and AR-2 Zones in the City of Aspen with the purpose of conserving the value of the neighboring property and encouraging the most appropriate use of land. The Commission shall also review all proposed construction in these areas to determine its effect on the safety, health and general welfare of the City of Aspen. The Ordinance goes on to state. At least 30 days prior to the date which an application for a building permit will be accepted by the City of Aspen, the applicant shall submit the following: 1. A plot plan 2. Floor plan 3. The elevation drawings of the proposed construction 4. These shall be submitted in duplicate This is what is required for preliminary review. These drawings shall show the complete development of the proposed project. Some other matters are then dealt with in this Chapter and it concludes with the following: If such drawings are found to be incomplete, they shall be rejected. Now we have on three different occasions seen different proposals from the Hodge-Oliver people and it is my contention that they as yet have not complied with the requirements of our ordiance in so far as having furnished us with the required plans and specifications. We acted illegally in voting on a matter in extreme haste as the third plan which showed only the parking areas and the first floor. Was not a complete plan and by the instructions in the ordinance we must reject because of the nature of the incomplete plans." Chairman Tharp questioned Inspector Mahnke if a permit could be issued on any of the plans approved by the Commission today as submitted for building review. Inspector Mahnke reported no he could not, as they were not final plans. Hartmeister made a motion that the Commission reconsider the matter dealt with at the April 9th meeting and reject the vote taken in the Hodge-Oliver application. Chairman Tharp stated he disagreed with the motion, not sure the motion is proper since at the time approval was given, the then City Attorney and Building Inspector felt that the decision was a proper one. Also their N9 22 . """" RECORD OF PROCEEDINGS 100 Leaves FORM 10 C.F,HOECI(HB.B.&L.CO. Reg. Meeting, P & z, 4/23/68, continued. seemed to be a difference of opinion on the interpretation of building review as to its requirements. Chairman Tharp stated that he felt a legal op~n~on should be obtained as t to whether a previous decision of the Commission can be reversed or rejected and on the interpretation as to completness of plans for building review. Motion was seconded by Barnard. Chairman Tharppointed out the vote on this motion would be based on the opinion of legal interpraation. Roll call vote - Barnard aye; Bennirghoff abstain; Tache abstain; Hartmeister aye; Tharp nay. Hartmeister maee a motion to adjourn at 7:05 p.m., seconded by Barnard. All in favor, motion carried. ~~ rraine Graves, Secretary N9 23 -