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HomeMy WebLinkAboutminutes.boa.20100902 CITY OF ASPEN BOARD OF ADJUSTMENT - REGULAR MEETING MINUTES September 02, 2010 Case #001 -10 McKenzie 220 W Cooper 2 Minutes 7 1 CITY OF ASPEN BOARD OF ADJUSTMENT - REGULAR MEETING MINUTES September 02, 2010 Rick Head opened the regular meeting of the City of Aspen Board of Adjustment in Council Chambers Meeting Room at 4:00 pm. Board members present were Mark Hesselschwerdt, Peter McClain, Jag Pagnucco, Charles Paterson and Rick Head. Staff in attendance were Jim True, Special Counsel; Jessica Garrow and Jennifer Phelan, Community Development; Jackie Lothian, Deputy City Clerk. Declarations of Conflicts of Interest None stated. Case #001 -10 2 Aiax, Amy Guthrie, 2 Setback and Residential Design Variances Rick Head opened the public hearing on Case #001 -10 for 4 setback variances to 220 West Cooper. Jessica Garrow stated that she was the long range planner and this application was a request for variances for 220 West Cooper also known as 314 South 2 ❑d Street. Garrow said the applicant requested 4 variances all from the setback requirements; 2 are for siding that encroaches into the front yard and the rear yard setbacks. One is for a balcony that encroaches into the front yard and one is for a hot tub that encroaches into the front yard. Garrow said that in order to grant a dimensional variance the Board of Adjustment has to find that it meets the following standards: the request is consistent with the Aspen Area Community Plan; the variance is the minimum needed to allow for reasonable use of the parcel and that literal interpretation of the code would cause the applicant unnecessary hardship is distinguished from a mere inconvenience. Staff does not believe that the 4 requests meet these review criteria in particular staff does not believe that having a hot tub is a hardship, staff believes that having a hot tub is a convenience and an amenity and is not required for the reasonable use of the property. Staff is recommending denial of the requested variance. Garrow noted the resolution is written in the affirmative that would actually grant the resolution with one change with the 1.2 feet into the rear yard setback not side yard. Chris Coyle of Balcomb and Green was the applicant's representative. Coyle said that Mr. McKenzie financed the project for Dan Coleman; it started in 2006 with Mr. Coleman pulling a building permit from the City of Aspen and he couldn't finish the project. Coyle said that Mr. McKenzie was a hands off person and let Mr. Coleman do what he had to do but a year or so after Mr. McKenzie got possession of the property and there were minor variances for the siding (a rock wall around the house). Coyle said that Exhibit 10 references a stone veneer that is going to be placed around the house; the hot tub deck can been seen in exhibit 7 in what is called the front of the house on Cooper and in exhibit 8 you could see the 2 CITY OF ASPEN BOARD OF ADJUSTMENT - REGULAR MEETING MINUTES September 02, 2010 driveway and exhibit 6 shows what he considered the front of the house. Coyle said the property has been built and a certificate of occupancy is issued and Mr. McKenzie takes over the property and subsequently has another certificate of occupancy issued; we end up in contract and the survey comes back and shows these areas. Coyle said that from a hardship standpoint Mr. McKenzie did not create this, Mr. Coleman did and Mr. McKenzie as the reclaiming lender did not have a survey made; the buyer wanted to not have to put up with objections. Coyle said with reference to the patio and the hot tub, staff did not consider the patio was a source of an encroachment; the hot tub extends 28 inches from the deck which is set flat to the surface of the ground. Coyle said it was a regulation that uncovered patios and similar structures are permitted in setbacks as long as they do not exceed 30 inches above or below grade. Coyle said this extends 28 inches above grade and a few inches below grade and this wasn't a hot tub next to a street where anyone could be distracted or disturbed by it; it was all screened and it doesn't feel like a front yard and doesn't impact the neighbors at all. Coyle said the last point of contention was the deck itself and Exhibit 10 shows the original plans submitted to the community development and down below you see what was going to be built and the clouds around the area show the changes as of April 1, 2008 and you can see the extension that has occurred in the deck. Coyle said that he appreciated staff holding the line but that it creates a significant hardship on Mr. McKenzie and the sale of the property. Peter McClain asked how this came to the Board of Adjustment and how did the building department approve this with the hot tub being 15 feet outside the setback. Jessica Garrow replied that when she went through the building department file she did not see any information regarding the hot tub; it appeared as though the hot tub had been put in after they got the co. Rick Head said that providing a co and then the person that buys the house finds out that they are in violation seems onerous on the person that owns the house. Peter McClain agreed that is not a portable hot tub; it is set in stone and rocked terrace and to move it you would have to change everything. Jeffrey Hancox, the architect, stated the hot tub was put in well before the co's. Mr. McKenzie said the co came to them after the house was completed. Mark Hesselschwerdt asked if the hot tub is sitting in the front yard then the front door is actually in the side yard. Jessica Garrow responded that the front yard is on the street side and side yard is where the house next door is. Mark Hesselschwerdt said the setbacks were 25 feet in the front yard and 10 on each side and the alley and walkway. Mr. McKenzie said they assumed that Cooper came straight down and ended there; their front 3 CITY OF ASPEN BOARD OF ADJUSTMENT - REGULAR MEETING MINUTES September 02, 2010 door looks at the open space. Mr. McKenzie said they were getting invoices for the 2 " Street and it has been very confusing. Jessica Garrow said that on the plans that were approved the front yard is listed as it is today and the other yards were listed as side yards and rear yard; so on the approved plans where the hot tub is located is the front yard. Jag Pagnucco said that staff does a very good job but the Board has run into situations in the past where Point A to Point B is not Point A to Point B and it could be off a number of feet. Jag Pagnucco stated this was a very unusual piece of land and there were 3 brand new houses; front yard, back yard, and Second Street was an alley. Pagnucco said if that hot tub had to be moved from the setback from the alley it could be in their door, where it sits today it isn't causing a hardship for anyone else and he had no problems with all 4 of these items. No public comments. Mark Hesselschwerdt said the problem seems to be the hot tub; he said to come back years later; they said they were asking for more than what was necessary to get by. Charlie Paterson said he had no problems with 1, 2 or 3 and at first he felt like Mark does but there was nothing that the neighbors could object to in its placement. Paterson said this was really a nice building; in view of the fact that there was a difficult lot and an issuance of a certificate of occupancy all the way through without any objections being raised and it is a finished. Paterson suggested that the Board grant all 4 variances. Peter McClain said that he had a problem with the hot tub but he felt like Charlie did and said it was a beautiful house and very well situated. Rick Head said that he also agreed with Charlie and there have been some problems with this all the way along and because there were no neighbors objections and he felt that all the variances should be granted. MOTION: Charles Paterson moved to approve Resolution #001 -10 approving all 4 variances for the property 220 W Cooper as amended; seconded by Peter McClain. All in favor, APPROVED 5 -0. Minutes MOTION: Charles Paterson moved to approve the minutes from August 6, 2009; seconded by Pete McClain; all in favor, APPROVED. j etaci;ti