HomeMy WebLinkAboutminutes.drac.19981105DESIGN REVIEW APPEALS COMMISSION November 5, 1998
Chairperson Steve Buettow called the Design Review Appeals Commission meeting
to order at 4:00 p.m. with members Bob Blaich, Mary Hirsch, Gilbert Sanchez,
Roger Moyer and Tim Mooney present.
Staff members present were David Hoefer, Assistant City Attorney, Chris Bendon
and Julie Ann Woods, Community Development, and Jackie Lothian, Deputy City
Clerk.
Sworn in: John Wheeler, John Galambos and Jack Palomino
CONFLICT OF INTEREST
Gilbert Sanchez recused himself from 1365 Mayflower Court.
PUBLIC HEARING:
HANNAN - 601 SOUTH ORIGINAL
David Hoefer stated the affidavit of notice was provided to meet the jurisdictional
requirements. Chris Bendon, staff, provided a photo board of the property for re-
development for Kenneth Hannan. There were 2 requests for waivers of residential
design standards: Volume standard for windows in the 9’-12’ zone and Garage
¬
setback, which was a 10’ setback on a 3,000 square foot lot. Bendon said the
applicant would like to reduce the porch by 2’ (which was where the 10’ was
measured from), reducing the garage setback to 8’.
Bendon stated the criteria for a variance were:
a) better addresses the goals of the
Aspen Area Community Plan; b) better addresses the problem a given standard or
provision responds to; or c) be clearly necessary for reasons of fairness related to
Staff did not find the criteria had been met for the
unusual site specific constraints.
either the window or the garage setback variance requests and recommended denial
of both.
Hoefer noted the proposed Resolution #98-09. John Wheeler was sworn in by the
Deputy City Clerk. Wheeler stated there were 2 items on the design that required a
variance from the residential design standards. He noted the single family parcel
was located in the midst of multi-story, multi-family lodges or larger buildings. He
said the window was no higher than it needed to be, it was not out of scale with the
neighborhood and faced a private alley. Wheeler stated the street facade maintained
the guidelines and provided photos of similar windows in the neighborhood. He
1
DESIGN REVIEW APPEALS COMMISSION November 5, 1998
said there were extenuating circumstances that the board could see fit in granting
these variances.
Bob Blaich asked why was the portico to be made smaller. Wheeler replied it was a
detail more appropriately set into the wall as opposed to projecting out. He said the
3000 sq. site was constrained with the 2400 sf building on it; it had to be to the
maximum build out. Bendon agreed with the patio structure being too long, but the
garage with a bathroom was long.
Mary Hirsch noted there was a building permit issued on an acceptable design; she
asked the change. Wheeler answered because there were times that a design could
come before a board because it wasn’t quite what they had in mind, it stated it the
review that the glass could be changed for this design.
Steve Buettow asked what on the portico was to be changed. Wheeler stated the
18” projection would be cut-off. Blaich stated the requests were not unreasonable,
since they were not on the face of the porch or making it shorter had any effect. He
said the design was an asset to the neighborhood. Blaich said the site specific
criteria would apply.
Gilbert Sanchez agreed with Bob on the site specific and created a more animated
building. He supported the request. Roger Moyer concurred on the window issues
but held firm with staff for denial on the garage.
No public comments.
MOTION: Bob Blaich moved the Design Review Appeals Committee
approve the requested variance of the residential design standard for
volume, the window, for the Hannan residence at 601 South Original,
pursuant to criteria “c”. Gilbert Sanchez second. Roll call vote: Moyer,
yes; Hirsch yes; Sanchez, yes; Blaich yes; Buettow yes. MOTION
APPROVED 5-0.
MOTION: Bob Blaich moved to approve the request for the variance of
the residential design standards for a garage setback for the Hannan
residence at 601 South Original, pursuant to criteria “c”. Gilbert
Sanchez second. Roll call vote: Moyer, no; Hirsch no; Sanchez, yes;
Blaich yes; Buettow, yes. MOTION APPROVED 3-2.
PUBLIC HEARING:
2
DESIGN REVIEW APPEALS COMMISSION November 5, 1998
GALAMBOS - 1365 MAYFLOWER COURT
Gilbert Sanchez stepped down. John Galambos was sworn in by the Deputy City
Clerk, Jackie Lothian. David Hoefer, Assistant City Attorney, stated the affidavit of
notice was received and met the jurisdictional requirements of this board.
Chris Bendon, staff, stated the windows were not representative of windows the
standard meant to preclude. He said the windows met criteria b.)
more effectively
. John
address the issue or problem a given standard or provision responds to
Galambos stated that he represented the owner Mark Thee. He said the gable on
the south elevation had a sloping roof which blocked the view of Aspen Mountain;
the proposal had two windows which would not only break up the facade but added
to the over-all character of the building and also allowed views of the mountain. He
explained the setback was 57’ from the end of the pavement into this cull-d-sac.
No public comments.
MOTION: Mary Hirsch moved to approve the proposed variance from
Section 26.58.040(F)(12), Volume, of the Residential Design Standards of
a single-family residence at 1365 Mayflower Court, Aspen, for a pair of
windows on the south elevation and the east elevation (exhibit A) based
on a finding that the proposed design more effectively addresses the issue
or problem the given standard or provision responds to. Roger Moyer
second. Roll call vote: Bob Blaich, yes; Roger Moyer, yes; Tim Mooney,
yes; Steve Buettow, yes; Mary Hirsch, yes. APPROVED 5-0.
PUBLIC HEARING:
FLYNN - 1203 EAST HOPKINS
David Hoefer, Assistant City Attorney, stated for the record the affidavit of notice
was provided and Design Review Appeal Committee had jurisdiction to proceed.
He noted this was Mitch Haas’ case which would be presented by Chris Bendon
tonight. Jack Palomino, Ted Guy Architects, was sworn in by the deputy City
Clerk, Jackie Lothian.
No public comments.
Bendon explained this was a re-development of an existing house on the corner of
East Hopkins and Park. He said the applicant requested variances from two
standards: volume standard for windows in the 9’-12’ zone; subgrade space of
¬
the front facade of the house. Bendon explained the window went from ground
3
DESIGN REVIEW APPEALS COMMISSION November 5, 1998
floor up (20’). The standard stated the area of interior space be charged twice for
floor area calculation. Bendon noted the applicant has a building permit based upon
the windows being broken-up; this would be a change order to that permit.
Bendon said the other standard was the window well in the front of the house met
the life-safety requirement. He noted they have a building permit for one of the
window wells and again this would be a change order adding a second one. Bendon
stated that staff recommended denial of both variances because they did not meet
the criteria.
Bob Blaich commented the project was under construction currently and asked if the
light wells were according to the original building permit or have they been laid in,
hoping for approval tonight. Palomino said the footings had been poured for the
approved lightwell and the other one, in hopes for approval. He said if it was
denied, then the second window well would be back-filled.
Tim Mooney questioned the non-conforming setback on the east side and asked if
the new part of the house could be built in the non-conformity. Bendon replied that
it could not be made more non-conforming; adding a second floor without an
existing second floor could not be done. There was discussion of the original house
encroachment into the setback, footings, over-hang and roof plane.
Bendon noted there was not a hardship issue because the building permits had been
issued based upon the original designs. He noted the property line. Blaich asked
what the problem was with the additional light well. Bendon replied the 3 criteria
for review were all that could be used. He did not believe the light well more
effectively addressed the standard or the AACP or represented a site specific
hardship. Roger Moyer noted there was no sidewalk on that side of the street.
Palomino answered engineering asked that the sidewalk be placed where ever the
driveway approach was installed. Mooney said the sidewalk would be placed on
that side only on this one block. Mooney said this driveway maybe one of the most
hazardous because of the driveway coming up at a steep angle and close lot line to
the street. Palomino noted there was a 4’ drop in the road at that point. Mooney
noted the intersection of Hopkins and Park was controversial.
Palomino stated the city required the driveway be brought back 50’ from the
intersection, which was done. He said there was a request for grading to be no
more than 30” below the street grade elevation, which was complied with. He said
they were required to maintain a 90° angle for the view plane, so someone backing
out of the driveway was able to see approaching cars.
4
DESIGN REVIEW APPEALS COMMISSION November 5, 1998
Moyer commented on a preferred placement of light wells that was determined by
HPC with a terraced landscape plan. He asked what could be done about light wells
that looked like these which went against ordinance 30. Moyer requested a plan for
the light wells subject to approval by staff. Julie Ann Woods stated when ordinance
30 was reviewed, this was not anticipated. Buettow asked if the light wells would
be required to have guard rails or grates. Moyer added or terraced. There was
discussion of the design of the light wells with conditions subject to staff approval
which continued to include guard rails should not be used around the light wells but
rather a grate to meet UBC requirements.
MOTION: Bob Blaich moved to approve the variance request for the
volume standard regarding the windows in the “no window zone” as
stated in the community development staff memo dated 11/5/98 for the
Flynn residence located 1203 East Hopkins. Gilbert Sanchez second.
Roll call vote: Moyer, no; Blaich, no; Hirsch, no; Sanchez, no; Buettow,
no. DENIED. 5-0.
MOTION: Bob Blaich moved to approve the subgr ade variance which
must meet safety requirements of the code using a grate based upon
finding criteria “c” has been met, for the Flynn residence located 1203
East Hopkins. Roger Moyer second. Roll call vote: Hirsch, no;
Sanchez, yes; Moyer, yes; Blaich, yes; Buettow, no. APPROVED 3-2.
Meeting adjourned at 5:30.
Jackie Lothian, Deputy City Clerk
5
DESIGN REVIEW APPEALS COMMISSION November 5, 1998
CONFLICT OF INTEREST ................................ ................................ ................................ ................................ 1
HANNAN - 601 SOUTH ORIGINAL ................................ ................................ ................................ .................. 1
GALAMBOS - 1365 MAYFLOWER COURT ................................ ................................ ................................ ... 3
FLYNN - 1203 EAST HOPKINS ................................ ................................ ................................ ......................... 3
6