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HomeMy WebLinkAboutminutes.council.20101025 Regular Meeting Aspen City Council October 25, 2010 Contents PROCLAMATION — Peg McGavock 2 CITIZEN COMMENTS 2 COUNCIL COMMENTS 2 CONSENT CALENDAR 3 ORDINANCE #24, SERIES OF 2010 — Supplemental Appropriation 4 ORDINANCE #25, SERIES OF 2010 — Historic Designation — Cortina Lodge 4 ORDINANCE #26, SERIES OF 2010 — 630 E. Hyman Amendment to Ordinance #48 Negotiation 5 ORDINANCE #27, SERIES OF 2010 — Code Amendment Calculations & Measurements 6 ORDINANCE #22, SERIES OF 2010 — Rezoning Given institute 6 All in favor, motion carried. 6 ORDINANCE #17, SERIES OF 2010 — Code Amendment — Signs 6 RESOLUTION #88, SERIES OF 2010 — Extension of Vested Rights — 507 W. Gillespie8 ORDINANCE #23, SERIES OF 2010 - 1102 Waters Avenue Ordinance #48 Negotiation9 1 Regular Meeting Aspen City Council October 25, 2010 Mayor Ireland called the meting to order at 5:08 PM with Councilmembers Johnson, Romero, Torre and Skadron present. PROCLAMATION — Peg McGavock Mayor Ireland and Council celebrated and honored Peg McGavock for her life long commitment to making Aspen a safe and non - violent community. CITIZEN COMMENTS There were none. COUNCIL COMMENTS 1. Councilman Skadron reported he went to the Red Brick gymnasium to see a gymnastics performance. These gymnasts were able to put on this performance because of the Council- approved improved facilities. Councilman Skadron said watching this he felt it was money well spent. 2. Councilman Johnson said the Aspen High football team lost a tough game to Coal Ridge. The football players showed up in good spirits to take their SATs the next day. 3. Councilman Johnson noted the first fall face off brought 26 hockey teams from around the state to participate in hockey tournaments, stay and eat in Aspen. Councilman Johnson congratulated staff for putting on a good event. 4. Councilman Romero agreed about the Red Brick gymnastic improvements. 5. Councilman Romero acknowledged Bob McDonough, a local contractor who has done remodel work in city hall, has done a great job and is a great community citizen. 6. Councilman Torre reported on a community get together held this weekend, the Ute Mountaineer bucket brigade moving project. Councilman Torre noted it was great to see the community come together. 7. Councilman Torre said last week he attended a lunch meeting, the topic was the Art Museum project. Councilman Torre noted the sponsors did a great job of creating a safe venue for a community dialogue. Councilman Torre said the Art Museum is still working on the final design. Councilman Torre said the height of the proposed building is an issue for some people. The Art Museum meets the height requirement in the land use code. Councilman Torre said if citizens want heights in the commercial core to be lower, they should let Council know before the AACP is adopted. 8. Mayor Ireland reminded everyone the election is November 2 "d . About 3000 ballots were mailed out and of these 1100 have been returned. Mayor Ireland said if 2 Regular Meeting Aspen City Council October 25, 2010 people were mailed a ballot, they should vote and get it back to the county clerk's office by November 2 9. Mayor Ireland urged people to leave political signs alone; do not knock them over or steal them. These signs are only up until the day of the elections. 10. Mayor Ireland congratulated Daniel Ryerson, Aspen High School football, who ran for 98 yards. 11. Mayor Ireland said October is Breast Cancer awareness month and early detection is the most effective treatment. 12. Mayor Ireland said there is a Charter Amendment on the ballot about repeal of instant runoff voting. Mayor Ireland said this is a choice on the style of voting, not a means to correct any errors. 13. Mayor Ireland said he, too, enjoyed the Ute Mountaineer moving brigade through the mall to their new location. 14. Steve Barwick, City Manager, reported on the Given Institute and that there is not a proposal for this property with CU. Barwick requested Council continue the rezoning Ordinance. 15. Councilman Skadron reported the RFTA Board meeting the discussion was the 2011 budget and the commitment not to use fund balances if possible. RFTA has agreed there will be a reduction in transit services, if necessary, to balance the budget. RFTA does have a cost reduction plan if 60, 61 and 101 pass on November 2" 16. Councilman Romero said the fire district board discussed closing out the construction contract for the new fire station. There is a deficiency in that the contractor did not pay the subcontractors. The board is trying to resolve this with the contractor and if not will have to pay the subcontractors. 17. Councilman Torre said there was a Sister City exchange of school kids from Bariloche, Argentina, two weeks ago. Councilman Torre thanked city staff for all they did to help the exchange. Councilman Torre said Aspen schools kids will be going to Bariloche in the spring. Aspen is hosting the Chamonix women's hockey team the week of November 7 if anyone can help out. CONSENT CALENDAR Councilman Romero moved to adopt the consent calendar; seconded by Councilman Johnson. The consent calendar is: Councilman Torre asked if the museum lease extension had anything to do with the development projects at Lift One. City Attorney, John Worcester, explained the historical society has had a lease on city property and one of the conditions is that they 3 Regular Meeting Aspen City Council October 25, 2010 receive a building permit within 5 years; this is an extension of that provision. This has nothing to do with the development on Aspen Mountain. Councilman Torre asked about the well blending project. Phil Overeyender, water department, told Council the city has 3 wells that serve as supplemental water supply for the city during critical dry periods. Overeynder said staff has found over time that the levels of uranium were unacceptable and this project will blend the water sources to get within acceptable levels of the state health department. Councilman Torre asked if the conversation about fluoride is on going. Overeynder noted the last direction from Council was to continue adding fluoride to the city's water supply. All in favor, motion carried. ORDINANCE #24, SERIES OF 2010 — Supplemental Appropriation Councilman Johnson moved to read Ordinance #24, Series of 2010; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE NO. 24 (Series of 2010) AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET MANAGEMENT PLAN FUND EXPENDITURES OF $152,500, AN INCREASE IN THE GENERAL FUND OF $96,790, AN INCREASE IN THE PARKS AND OPEN SPACE FUND OF $45,400, AN INCREASE IN THE TRANSPORTATION FUND OF $24,000, AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF $70,000 AN INCREASE IN THE EARLY CHILDHOOD FUND OF $141,910, AN INCREASE IN THE WATER UTILITY FUND OF $20,000, AN INCREASE IN THE ELECTRIC UTILITY FUND OF $305,000, AN INCREASE IN THE EMPLOYEE HOUSING FUND OF $68,830 AND AN INCREASE IN THE HOUSING ADMINASTRITION FUND OF $404,250. Councilman Romero moved to adopt Ordinance #24, Series of 2010, on first reading; seconded by Councilman Skadron. Roll call vote; Torre, yes; Skadron, yes; Johnson, yes; Romero, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #25, SERIES OF 2010 — Historic Designation — Cortina Lodge Councilman Romero moved to read Ordinance #25, Series of 2010; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE #25 SERIES OF 2010 4 Regular Meeting Aspen City Council October 25, 2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING LANDMARK DESIGNATION FOR THE PROPERTY LCOATED AT 220 AND 230 E. MAIN STREET, LOTS P AND Q BLOCK 73, CITY AND TOWNSITE OF ASPEN, COLORADO Councilman Torre moved to adopt Ordinance #25, Series of 2010, on first reading; seconded by Councilman Romero. Roll call vote; Johnson, yes; Romero, yes; Skadron, yes; Torre, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #26, SERIES OF 2010 — 630 E. Hyman Amendment to Ordinance #48 Negotiation Councilman Torre moved to read Ordinance #26, Series of 2010; seconded by Councilman Skadron. All in favor, motion carried. ORDINANCE #26 (Series of 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING ORDINANCE #26, SERIES OF 2009, A NEGOTIATION FOR THE LANDMARK DESIGNATION OF THE PROPERTY LOCATED AT 630 E. HYMAN AVENUE, LOTS R AND S, BLOCK 99, CITY AND TOWNSITE OF ASPEN Councilman Torre moved to adopt Ordinance #26, Series of 2019, on first reading; seconded by Councilman Romero. Mayor Ireland asked what is happening to the public space and why is it disappearing from the agreement. Greg Hills, applicant, told Council in the original negotiations, the reason to preserve the round window was for views of Aspen Mountain. With the Art Museum going across the street, the HPC agreed the view will be lost. Hills reminded Council another goal was to keep the commercial space as affordable as possible. Some of his tenants requested him to look at getting a better price. Hills said if he can sell this as an office space, he can give a better purchase price to the existing tenants. Mayor Ireland said in applications, Council makes agreements to get public benefits and then those disappear. Mayor Ireland said this may be reasonable and necessary. Mayor Ireland said he would like to see the impact on the view that is allegedly impaired by the Art Museum. Councilman Romero requested the Council minutes from the original approval. Councilman Romero said he would also like to see an architectural plan view of the second floor and what is being proposed. Councilman Johnson said he would like to see a matrix of the tenants, who is buying. Mayor Ireland stated he appreciates the efforts on behalf of the tenants. Mayor Ireland said he would like the views not just of the Art Museum but of the proposed Wienerstube development and what building could be built across the street. 5 Regular Meeting Aspen City Council October 25, 2010 Councilman Skadron said he would like to know to what degree the original approval relied on the gallery space. Councilman Torre asked if there are other ways to increase the rental space 427 square feet. Hills reiterated he is trying to honor his commitment to the tenants who need help purchasing their space. Roll call vote; Romero, yes; Torre, yes; Skadron, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #27, SERIES OF 2010 — Code Amendment Calculations & Measurements Councilman Johnson moved to read ordinance #27, Series of 2010; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE NO. 27 (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE FOLLOWING SECTIONS OF THE CITY OF ASPEN LAND USE CODE: 26.575.020 — CALCULATIONS AND MEASUREMENTS 26.104.100 — DEFINITIONS Councilman Johnson moved to adopt Ordinance #27, Series of 2010, on first reading; seconded by Councilman Romero. Councilman Torre said he would like to have P &Z comments for second reading. Councilman Johnson said he would like a synopsis of the public outreach on these code amendments. Roll call vote; Torre, yes; Skadron, yes; Johnson, yes; Romero, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #22, SERIES OF 2010 — Rezoning Given institute Councilman Torre moved to continue Ordinance #22, Series of 2010, to November 8, 2010; seconded by Councilman Skadron. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. All in favor, motion carried. ORDINANCE #17, SERIES OF 2010 — Code Amendment — Signs 6 Regular Meeting Aspen City Council October 25, 2010 Drew Alexander, community development department, reminded Council they had some suggestions after the public hearing September 27 including political signs, sign allotment, grandfather clause. Alexander noted staff met with a representative from Sandy's Office Supply about sign allotment. Alexander said there have been some concerns from community members about very large political signs. Councilman Torre said Council took the size limit out of these proposed amendments. Mayor Ireland said the political sign time limit should be 90 days rather than 60 days as campaigns start before Labor Day. Councilman Skadron stated he objects to a longer campaign season. Councilman Torre said he supports not limiting the number of signs but does support an overall cap on the size of any particular campaign sign. Chris Bendon, community development department, said they will amend the code that no sign shall exceed 8 square feet in size. Alexander said the next area is the signage allotment system. Council had no objections to the proposed changes. Councilman Johnson brought up the temporary signs with the 14 day restriction within two weeks. That could be too restrictive for sales that may be Valentine's Day, then President's day, then spring sale. Council agreed to change the duration to 10 days for signs and the time between be 14 days. Council agreed with the restriction about vending machines. Councilman Johnson brought up moving signs, some businesses may have creative moving parts of their signs and he does not want to eliminate those. Alexander said this can be addressed by stating the moving piece is part of the sign to allow those. Councilman Torre brought up television monitors and allowing 6' across monitors being display 10' from a store window. Mayor Ireland suggested prohibiting television monitors perpendicular to the windows be eliminated. Bendon said there is a provision restricting the size of screens as well as the content must be consistent with store merchandise. Alexander brought up cut out wall signs, which was added for clarity to help applicants understand how this provision works. Alexander said for sign location and placement, he added clarification where signs can be mounted, on the frontage of the business. Mayor Ireland asked about signs for business on upper floors. Alexander said that is allowed in this code amendment. Bendon noted there should be a correlation between the location of the business and the location of the sign. Alexander said he will add some language about directional signs. Alexander said at the Council meetings, some concern was expressed about the amount of work done on existing signs. Alexander told Council he reexamined his field work. One suggestion is that any business with more than 30' in length will get an additional 2' in signage; lodges will get 12'. Anything that faces the same direction is treated as one frontage. Alexander reminded Council at the last meeting, staff presented 5 options for sandwich board. Council indicated the most comfort with option C, which had specific criteria for businesses to address to see if they qualify for a sandwich board sign. Alexander 7 Regular Meeting Aspen City Council October 25, 2010 presented a location map of sandwich board sign that identify why certain businesses were selection to have sandwich board signs. Alexander pointed out they left in a provision for businesses that do not meet the criteria to have sandwich board signs advertising these sales. Councilman Torre said sandwich boards were allowed to help people find businesses and for businesses to have way finding. Councilman Torre asked if these amendments will allow businesses to have greater creativity in designing their signs. Councilman Torre agreed the number of sandwich boards needs to be scaled back. Bendon said it is a challenge to use a tool of restriction to try and get creativity. Staff worked on incentives and bonuses for creativity and felt it was too difficult to make subjective decisions though the land use code. Bendon said within the allotment, a business can be as creative as they want. Bendon pointed out sandwich board signs will only be allowed for retail and restaurant businesses, not services. Councilman Johnson said at the last meeting, Council agreed if a business has a sign, whether permitted or not, it will be grandfathered. This allows a business to have until December 15 to get a sign. Councilman Johnson said December 15 is the busiest ever for retailers and that should not be a deadline for sign permits. Mayor Ireland agreed to a longer time period, an existing sign as of today shall be eligible to get a permit up to one year. Councilman Johnson said window wraps are a new innovative thing in retail businesses and rather than one window, it should be one image. Councilman Johnson said he would prefer two image be allowed. Alexander said any window wrap would take up an entire sign allotment for a business. Staff considered one image for one window. Councilman Johnson said window wraps are not typically advertising a business. Bendon suggested wraps may need to be defined so that every business does not have window wraps. Council asked staff work on window wraps. Alexander brought up the enforcement issues as businesses indicated complaint based compliance does not work. Staff has planned to start with education followed by bi- monthly inspection to get the new rules out. Council agreed with that approach. Councilman Johnson moved to continue Ordinance #17, Series of 2010, to November 8; seconded by Mayor Ireland. Steve Jaworski, parks department, told Council he appreciates this work of staff and likes the amendment to keep signs in a certain location. Jaworski agreed enforcement is the issue so that the signs don't keep multiplying. All in favor, motion carried. RESOLUTION #88, SERIES OF 2010 — Extension of Vested Rights — 507 W. Gillespie Sara Adams, community development department, said this is a request for a 3 year extension of vested rights for vacant lot at 507 West Gillespie. This lot has approval for a 8 Regular Meeting Aspen City Council October 25, 2010 single family residence plus ADU. The project complies with all aspects of the R -6 zone district and other review standards. There was a variance for the ADU to be completely subgrade. The project has not submitted for a building permit. Staff finds the criteria has been met and recommends approval of a 3 year extension of vested rights. Mayor Ireland moved to approve Resolution #88, Series of 2010; seconded by Councilman Johnson. Councilman Torre noted ADUs have been under utilized in Aspen and he would consider cash -in -lieu rather than an uninhabited ADU. Councilman Torre said he is concerned about the impact on the historic resource to the west. 10' setback does not seem like enough to offset the historic building. Councilman Skadron asked what benefit the community receives if this extension is not approved. Randall Bone, applicant, told Council he did the historic renovation of the property to the west and is now trying to build a house on the vacant lot. Councilman Romero asked about the subterranean housing and perhaps replacing it with purchasing a housing unit. Bone told Council he has built ADUs in other properties and they use these units and intend to rent this ADU. Bone said there will be other bedrooms in this below ground area. This ADU is larger than the minimum requirements. All in favor, motion carried. ORDINANCE #23, SERIES OF 2010 — 1102 Waters Avenue Ordinance #48 Negotiation Amy Guthrie, community development department, noted there was a site visit earlier today attended by all Council except the Mayor. Ms. Guthrie noted this structure is on the Ordinance #48 list and the owners have agreed to voluntary designation. This building was designed by Fritz Benedict and published in Ski Magazine as a prototype for ski cabins and was built in 1967. The structure is in authentic condition and is owned by the family of the original builder. Benedict was an important architect in Aspen and he designed master plans for Aspen, Vail, and Steamboat Springs and invented the cold roof. This building is nestled into the site and has about 1000 square feet of FAR. This building scored 100% on historic criteria. Ms. Guthrie told Council no specific development plans are done yet. Ms. Guthrie showed a plat of the property, a 10,000 square foot lot; showed the top of slope line; the city has pre- mapped the margins along the stream. Ms. Guthrie told Council the city has pre- mapped the margins along the stream. Ms. Guthrie told Council the mapped top of slope line on this lot does not follow the topography and the city engineer has agreed on an amended line. HPC asked for a 10' setback from the historic resource. Ms. Guthrie noted this zone district has a 25' front yard setback and a requirement to be 15' from the top of slope leaving little room for development. The applicants request not to have a stream margin review with P &Z and to honor the agreed upon top of slope and to eliminate the front yard setback. The side yard setbacks requirements will be met and the 9 Regular Meeting Aspen City Council October 25, 2010 request is for a 5' rear yard setback. The applicants request not to provide parking on site. Ms. Guthrie reminded Council to determine FAR in historic lot splits, the existing parcel is looked at and what would be allowed is 3,763 square feet of FAR with deductions for the topography. HPC stated they want most of the floor area on the new lot rather than detract from the historic resource. Part of the negotiations has been requests for higher than 3,763 square feet by looking at each lot individually to calculate the FAR. HPC agreed the new lot could have 2,975 square feet with no addition to the historic house and preserve it as it. The applicant proposes a 250 square foot addition to the historic house and 250 square feet to sell as a TDR. To get to this 500 square feet one would have to waive some of the lot size reductions or to have Council increase the FAR. Ms. Guthrie noted there is a request to waive the affordable housing mitigation and staff does not have an alternative funding for this. There is concern for not providing any housing. Ms. Guthrie pointed out in condominiumization there is no housing mitigation required; however, lot splits offer more financial gains. There is also a request to waive the park dedication fee, which is $4,000. Parks staff is opposed to this fee waiver and suggested a deferral while this property remains in the current ownership. The standard vested rights is 3 years and the applicants are requesting 10 years; there are 3 children involved and the timing of development is not known. Staff is recommending approval and supports HPC's recommendation of maintaining the historic resource with a high level of integrity. Mitch Haas, representing the applicants, said there is no issue regarding the historic significance of the house. Haas told Council this house has been in the family since it was built and the applicants are the children of the original owners, one of whom has been living in the house. Haas noted this property has significant regulatory constraints and Ordinance #48 negotiations offers ways to deal with those constraints in a mutually acceptable agreement. Haas said there is no building envelop for the newly created lot or any floor area. Haas said the intention is to build a duplex on the new lot for two of the families so all 3 of the families can live on this property. Haas noted the proposal has been revised; the 500 square foot FAR bonus has been eliminated, the building envelope has been adjusted after meeting with staff and the city engineer's determination of top of slope. Moving the property from the top of slope eliminates much of the front yard setback. The applicants agreed to a 15' minimum space between the historic building and the new structure. Haas told Council the applicants have lowered their request for 5000 square feet of FAR to 4,528. The applicants suggested for affordable housing, the fees are assessed on any square footage above that which would be allowed by right without any mitigation. Haas said the applicants request the parking waiver and a deferral on the parks fee as long as the applicants own the property. Haas said the applicants are requesting 10 year vesting period. 10 Regular Meeting Aspen City Council October 25, 2010 Haas showed an area map of the properties along Waters Avenue, those zoned R -15 and found that not one lot complies with the required minimum lot area of 15,000 square feet and very few lots comply with the 25' front yard setback. Very few lots comply with the 10' side yard setback and none of the properties comply with the top of slope. Haas pointed out the constraints on this property are regulatory not physical as no other lots comply with these constraints. Haas said to come up with a reasonable building envelop, they drew a line between the corner of the adjacent building and the historic resource. The proposed building is 15' to 23' above that line and provides consistency with the neighborhood. Haas said the outstanding issues are the FAR distribution and the requested fee waivers. Mayor Ireland agreed the compromise on housing fees seems acceptable. Mayor Ireland said the argument about how this neighborhood has developed and that this house is further from the top of slope is an accurate argument. Mayor Ireland said he does not feel a request for a 2900 square foot duplex is unreasonable or out of character with the neighborhood. Mayor Ireland said the value of preservation is keeping the historic house as it is rather than adding to it and taking away the historic character. Haas said the building envelope around the historic resource has been drawn very tight. Any addition will have to be consistent with HPC design guidelines and be approved by HPC. Haas suggested that an addition could be put across the back of the house. The historic house is 25' by 25' and there could be an addition of 250 square feet built across the back which would not be seen from the front of the house. Ms. Guthrie said an addition could be done and still meets the HPC scoring. Mayor Ireland said if this were approved, he would like language stating that it is discretionary and not a right. Councilman Romero said the public perception of this structure is 99% from the front and an infill addition across the back could be acceptable. Councilman Romero said he could support the affordable housing proposal, lowering it not waiving it or to buy a portion of a unit in the community. Councilman Romero said his goal is to make an agreement with the property owner to preserve the historic resource and not to tip the benefits too far to the detriment of the community. Ms. Guthrie reiterated the applicants are proposing to mitigate for the additional square footage of 682 square feet more than allowed by right. The new lot would have 2975 square feet, 970 for the existing house, 250 square foot addition and 250 square feet TDR. Mayor Ireland said this is about $51,000 in affordable housing mitigation and the fees would be assessed at time of building permit. Councilman Romero said this hinges on little or no disturbance of the existing historic structure. HPC has indicated this structure is unique and should not be changed. Councilman Johnson stated he is okay about the stream margin review, okay with the setbacks, is comfortable with deferral of the parks fee and the negotiated housing fee. Councilman Johnson said he is not convinced about any additional square feet on the historic structure. Councilman Skadron asked if a structure is feasible on this parcel under the existing land use code. Haas said if one adhered to every regulation, a structure could not be built on this parcel. Councilman Skadron said he feels the historic resource is the context of the 11 Regular Meeting Aspen City Council October 25, 2010 entire neighborhood. Councilman Skadron said he is okay with the 250 square foot addition as described and with selling a 250 TDR. Councilman Skadron said he could approve the housing mitigation as proposed as long as the developer is the family. Councilman Skadron said he feels 2975 square feet for the new structure is too big and should be downsized. Councilman Skadron asked about the parks memorandum stating the new structure should not be within the top of slope and to which top of slope were they referring. Ms. Guthrie said parks staff was on the site visit and agrees this should be the city engineer's interpretation. Councilman Skadron asked if it is agreed there will be no development outside the top of slope. Haas said that is agreed to and they will contain building within the envelop. Haas said the 2975 square feet is important to the applicants as they want about 1500 square feet each, which is not a lot of room. Haas said any proposed design will go through HPC conceptual and final and will have to meet the guidelines. Haas said these are families with children. Mayor Ireland agreed 1500 square feet for a family is not large and is not a speculative development. Councilman Skadron said what concerns him is the waiver from setback and stream margin review, the impacts of this development on the river and on the quality of life for the neighbors. Councilman Torre agreed the 2975 square feet would be impactful and will the historic resource become more lost with a new structure. Councilman Torre said he is against 10 year vested rights and is not for deferring the parks fee. Councilman Torre said he could support the affordable housing mitigation adjusted and as cash -in -lieu. Councilman Torre said if the 250 square feet for the historic house is deducted from the new structure, he could support that and the public benefit of preservation. Councilman Torre said he is okay with the creation of a TDR. Councilman Torre said the parking waiver concerns him as the street is overburdened with on street parking. Councilman Torre stated he sees the value of the historic resource; however, it is very hidden and preserving the structure for educational value is what is important. Councilman Torre stated he is struggling with the number of waiver requests and that may over burden the property. Haas told Council the building envelope was created to be able to work with HPC on the design of the new building and to fit the new structure in without overburdening the historic structure. HPC will insure that the historic house can be seen. Haas noted they will try to fit a garage in but would like the flexibility not to require on -site parking. Mayor Ireland pointed out the alternative is demolition of the historic house and selling the entire parcel. Mayor Ireland said he finds a balance of requests and this may keep 3 families in Aspen. These units are less prone to becoming luxury units. Mayor Ireland said he would like to preserve the historic resource. Mayor Ireland said he is willing to accept the compromise of the housing fees, that the 250 square foot addition be on the back of the structure and be contingent on HPC approval and a limitation on the new development to 2975 square feet, parking could be off site, deferral of the parks fee and a maximum of 5 years for vesting. Mayor Ireland noted this neighborhood is a lot of second homes with not a lot of demand for parking. Mayor Ireland opened the public hearing. 12 Regular Meeting Aspen City Council October 25, 2010 Ms. Guthrie noted an e -mail from Peggy Weiss with concerns about the stream margin and Haas' e-mail with the affordable housing mitigation proposal. Paul Greney, applicant family, agreed the 250 square feet addition should not take away from the intrinsic value of the design. Mayor Ireland closed the public hearing. Staff recommended this be continued so that the ordinance can be amended, reviewed by staff and presented at the next regular meeting. Council agreed the fee waiver should only apply if there has been no transfer from this family's ownership. The ordinance shall specify the existing square footage so there is no issue. Mayor Ireland moved to continue Ordinance #23, Series of 2010, to November 8; seconded by Councilman Skadron. All in favor, motion carried. Councilman Torre moved to adjourn the meeting at 8:45 PM; seconded by Councilman Johnson. All in favor, motion carried ._2 Kathry och, City Clerk 13