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HomeMy WebLinkAboutlanduse case.boa.Lake & Third.Daggs.appeal.2007 1-/8 NOTICE OF PUBLIC HEARING CASE #004-2007 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONlNG OR USE V ARlANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you carmot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meetinl!:: Date: May 3, 2007 Time: 4:00 P.M. Owner for Variance: James Daggs Representative for Variance: Bluegreen Architects Name: James Daggs Address: 715 W. Main St., Suite 101 Aspen, CO 81611 Location or description of property: 640 North Third, Aspen, CO 81611. Variances Requested: Bluegreen, a local landscape architectural firm, on behalf of Mr. James Daggs requested an encroachment license (Attachment A) to: (a) Construct two parking spaces along Lake Avenue. (b) Construct a snowmelt sidewalk at the front entry approach to the property on Lake Avenue. (c) To replace an existing driveway access to the garage along North Third Street. Will applicant be represented bv Counsel: YES:X NO: The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Rick Head, Chairman MEMORANDUM TO: City of Aspen Board of Adjustment FROM: Trisha Coyle, P.E. Engineering Department THRU: Bentley Henderson, Assistant City Manager Tricia Aragon, P .E. City Engineer DATE OF MEMO: April 30, 2007 MEETING DATE: May 03,2007 RE: Appeal of Adrninistrative Decision - Appeal of denial of Revocable Encroachment License (#2007-E026) . BACKGROUND: Bluegreen, a local landscape architectural firm, on behalf of Mr. James Daggs requested an encroachment license (Attachment A) to: (a) Construct two parking spaces along Lake Avenue (b) Construct a snowmelt sidewalk at the front entry approach to the property on Lake Ave (c) To replace an existing driveway access to the garage along N. Third Street. Bluegreen presented the proposed encroachment plan to the Historic Preservation Commission (HPC) on February 14, 2007. HPC made a motion recommending that Lake Avenue and the bike pedestrian way along Lake Avenue be looked at by the City, to determine how on-street parking could be implemented into the historical context of the neighborhood (Attachment B). In review of the encroachment application, the Parks Department approved the encroachment on 3rd Street but would like to have a traffic study conducted prior to approving any encroachment on Lake Ave. The encroachment was not approved and a letter was prepared March 13, 2007 to notify Mr. Daggs of the concerns of the encroachment application and (please see attachment C). The Engineering Department specified that a width of 10 feet is needed to accommodate the proposed parking area. Engineering also specified concerns with drainage and conveyance of storm water. The drainage and conveyance issues on the encroachment application have been discussed with Bluegreen and can be easily alleviated. Blugreen, on behalf of James Daggs, appealed the decision made by the Engineering Department to not approve the revocable license (please see attachment D). DISCUSSION: According to the City of Aspen Municipal Code Chapter 21.04.050, the Board of Adjustment shall use the following standards in determining whether to affirm, reverse, or modify the decision of the Engineer. The following responses have been prepared in regard to the request for parking spaces on Lake Avenue. (1) Whether the requested encroachment is the minimum encroachment necessary to make possible the reasonable use of the parcel, building or structure in question? The Engineering Department is requiring a 10' minimum parking space width per American Association of State Highway and Transportation Officials Geometric Design of Highways and Streets 2004 policy manual in context to the following recommendations. The term clear zone is used to designate, the unobstructed, relatively flat area provided beyond the edge of the traveled way for the recovery of errant vehicles. The clear zone includes any shoulders or auxiliary lanes. For low speed, rural collectors and rural local roads a minimum clear zone width of3.0 m or 10' should be provided. Where roadside barriers, walls, or other vertical elements are present, it is desirable to provide a graded shoulder wide enough that vertical elements will be offset a minimum of 0.6m or 2' from outer edge ofthe usable shoulder (i.e. 10 feet: 2 feet shoulder + 8 feet parking lane). (2) Whether denial of the encroachment would cause the applicant unnecessary hardship or practical difficulty? The resident has 2 parking spots onsite and can have additional parking in their driveway in the alley. Hardship should be determined by the board of adjustment. (3) Whether there are special circumstances or conditions which are unique to the parcel, building, or structure in question which are not applicable to other parcels, buildings, or structures? No special circumstances apply. ACTION OF BOARD OF ADJUSTMENT: The Board of Adjustment shall determine whether to uphold the adrninistrative decision of not approving encroachment license number 2007-E026 or overturn the administrative decision and approve encroachment license number 2007-E026. NOTE: Staff has prepared a resolution that overturns the administrative decision, if that is the direction of the Board of Adjustment. RESOLUTION NO. 04 Series of 2007 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF ASPEN, CASE NUMBER 04-2007, APPROVING APPLICATION 2007-E026. THE CITY OF ENCROACHMENT WHEREAS, (Architects) , the Board of and Mr. James Daggs represented by Bluegreen submitted an appeal, dated March 22, 2007 to Adjustment as outlined in Section 21.04.050; WHEREAS, this Board of Adjustment and consideration presented. matter came on for hearing before the on May 3, 2007 where full deliberations of the evidence and testimony was NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO: Section 1. Findings of Fact. The Board of Adjustment makes the following findings of fact: 1. A request for the appeal Bluegreen, on behalf of Mr. James Street, Suite 101, Aspen Colorado. was initiated Daggs, 715 W. by: Main 2. The grant is consistent with the purposes, goals, obj ecti ves, and policies of the Aspen Area Community Plan and Chapter 21 of the Aspen Municipal Code. 3. The Board of Adjustment found that: a. The requested encroachment is encroachment necessary to make reasonable use of the parcel, structure in question, or b. The non-approval of the encroachment applicant unnecessary hardship or difficulty, or c. Special circumstances or conditions which are unique to the parcel, building or structure in question which are not applicable to other parcels, buildings or structures. the minimum possible the building or causes the practical section 2. Variance Approved. The Board of Adjustment does hereby overturn administrative decision from the terms of Chapter 21 of the Aspen Municipal Code by a 4 - 0 vote: 1. Approving Encroachment .License 2007-E026. APPROVED AS TO FORM City Attorney INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 3 day of May 2007. Chairperson I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment if the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Deputy City Clerk RESOLUTION NO. 04 Series of 2007 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, CASE NUMBER 04-2007, DENYING AN APPEAL OF THE ADMINISTRATIVE DECICISION NOT APPROVING ENCROACHMENT APPLICATION 2007-E026. WHEREAS, (Architects) , the Board of and Mr. James Daggs represented by Bluegreen submitted an appeal, dated March 22, 2007 to Adjustment as outlined in Section 21.04.050; WHEREAS, this Board of Adjustment and consideration presented. matter came on for hearing before the on May 3, 2007 where full deliberations of the evidence and testimony was NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO: Section 1. Findings of Fact. The Board of Adjustment makes the following findings of fact: 1. A request for the appeal Bluegreen, on behalf of Mr. James Street, Suite 101, Aspen Colorado. was initiated Daggs, 715 W. by: Main 2. The grant is consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and Chapter 21 of the Aspen Municipal Code. 3. The Board of Adjustment found that: a. The requested encroachment is NOT the minimum encroachment necessary to make possible the reasonable use of the parcel, building or structure in question. b. The non-approval of the encroachment DOES NOT cause the applicant unnecessary hardship or practical difficulty. c. NO Special circumstances or conditions which are unique to the parcel, building or structure in question which are not applicable to other parcels, buildings or structures exist. Section 2. Variance Approved. The Board of Adjustment does hereby DENY the applicant the appeal of the administrative decision from the terms of Chapter 21 of the Aspen Municipal Code by a 4 - 0 vote: 1. Not Approved Encroachment License 2007-E026. APPROVED AS TO FORM City Attorney INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 3 day of May 2007. Chairperson I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment if the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Deputy City Clerk Received ~ lA~ i ~ Land Lease Fi es: Squ re Feet REVOCABLE ENCROACHMENT LICENSE 2..c;b I -Eo z. (p 'ldeu 5u~!6u3 ccccccccccccccCCCCCCCL --':::>:::>:::>:::>:::>:::>:::>:::>:::o:::>:::>:::>:::>:::>:::>='~ ~o ^P.~ INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPUES TO YOUR REQUEST L / . / k THIS LICENSE IS FOR: (CHECK ONE ONLY) LOOZ G G 83j I :',,/S;:7/1] ;B TEMPORARY; PERPETUA TUAL UNTIL REVOKED BY THE CITY. . o TEMPORARY; PRE-EXISTING CONDITION AND PERPETUA TUAL ~TIL REVOKED BY THE GilA. a1:)ilH This Agreement made under this license and entered into thi~~y of~It/20!2l:sbY and between the CITY OF ~EN, Pit~ip cOJ)~orado, hereinafter referred to as "ASPEN" and ~ A~ 11.= J ~- v// 'I Cl/ll!tfi> ,1:.., ~ ,at-?/5" rU,GS'rNf/J S;~ S:;C(ITE to/' /'n>,,=v,CVCY'f'1. . (Print Full Nam~l (Print Legal Mailing Address) . daytime phone number: "I.,;;lS --tI-;"9/ , hereinafter referred to as "Licensee", WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Coiorado Street Address: 6 cfo tV c:12nf -rll-tf?.o c;: 17ZeET Legal Address: t:.oT<;;' f',5 I9PtJ (p (ces. 3.d- ;q;;;-r OF,tOr~) ;/~'s ,.f-I)PlTio.-J1 ~(?;z,..- WHER S, aid properties abut the following described public right(s) -of-w y: lJo/2.rJl- 7/, rM <0;; -r1l6<e-r-- '0 License Number: x $2.50/sq.ft. Monthly lease 4iJ e:-;;r/# t? WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described in Exhibit "A", alia ed to this 7icens~Desc~e ;,l~bit ';;)e~,tJ#R~7J (3 B~G"~ ,el:?~ L.A...t 0 s:r.,4.I7E. WHEREAS, Section 21.04.050 of City of Aspen Municipal Code delegates the authority to the City Engineer to grant encroachment licenses, WHEREAS, ASPEN agrees to the grant of a private license of encroachment as bJmI . T ce1n~Jftf!) ^ \I r: n ~HEREFORE, the consideration of the mutual agreement hereinafter contained, 'tiCe"rrn'\':l't'eIU: r\ revocable license is hereby granted to Licensee to occupy, maintain and utiliz e a ove described portion of public Right-of-way for the purposes described. -q--: This license is granted for a specific use and within a specified term as checked aJ)A,1! '.aaQ.fQ~any reason at the sole discretion of the City Engineer of the City of Aspen. This license shall be subordinate to the right of ASPEN to use said area for any pu Licensee is responsible for the maintenance and repair of the public right-of-way, together with improvements nstructed therein, which ASPEN, in the exercise of tts discretion, shall determine to be necessary to 'keep the same in a safe and cle condition. The Licensee shall obtain right-of-way and Building Permits as required by the City for any work to be pertormed in the public ri t-of-way with design approvals foi. such work. obtained from the Engineering Department Licensee agrees to join any improvement district formed for the purpose of . constructing improvements within public right-<Jf-way. Unless the property that is the subject of this license agreement is covered by a homeowner's insurance policy, Licensee shall at all times during the term I)ereof, carry public liability insurance for the benefit of the City with limits of not less than those specified by Section 24-10-114, .c.g.:'Er., (currently $150,000 per person and $600,000 per occurrence) as may be amended from time to time, naming the City as 'lAdd;iio'nal(n~ui-ed". ,'t..." ). - Licemiee shall maintain said public liability insurance coverage in full force and effect during the term of this License and shall furnish the City . with a most current certificate of such coverage evidencing its validity. All insurance policies maintained pursuant to this agreement shall contain the following endorsement "It is hereby understood and agreed that this insurance policy may not be canceled by the surety until thirty (30) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not to renew. "The Licensee shal show proof of this insurance to the City before this agreement is filed. Licensee agrees to indemnify and hold harmless the City of Aspen, its officers, employees, Insurers, and se~-insurance, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, death, property ioss or damages, or any other ioss of any kind whatsoever, which arise out of or are in any manner connected with this license, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or part by the act omission, error, professional error, mistake, negligence, or other fault of licensee. Licensee agrees to investigate, handle, respond to, and to provide defens, "r and defend against, any such liability, claim or demands at the sole expense of the licensee or, at the option of the City of Aspen, license, grees to pay City of Aspen or reimburse City of Aspen for the defense costs incurred by the City of Aspen in connection with, any such liability, claims, or demands. The licensee also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such Iiabiiity, claims, or demands alleged are groundless, false or fraudulent. City of Aspen - Engineering Department, 130 South Gaiena Street, Aspen Coiorado 81611 Attachment A This license may be terminated by Licensee at any time and for any reason foliowing deiivery of a written notice of Licensee's intent to cancel. ASPEN may terminate this license at any time and for any reason. Upon termination, Licensee shall at Licensee's expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to ASPEN. This license is subject to all state laws, the provisions of the Charter of the City of Aspen as IT now exists or may hereafter be amended, and the '"\rdinances of the City of Aspen now in effect or those which may hereafter is adopted. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests in or affecting said public property as it deems necessary. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the life of improvements encroaching in public right of way, and binding upon Licensee. The encroachment shall terminate when the improvement has failed or out of compliance with required standards of performance or if it is revoked by the City, whichever comes sooner. in any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attomey's fees. If the structure for which this license was issued is removed for any reason', licensee shall not continue to rebuild in the public right-of-way. The public right-of-way is for the general public benefit, and it is not for occupation or construction of encroachments. The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed within the encroachment area. The Licensee c1eariy understands the following actions of Licensee or his/her agents and employees shall automatically terminate and caDcel this agreement: 1} Disco'ntinuation of insurance coverage 2) Change of ownership or alteration of use from the original specific use in encroached area 3) Restriction of ASPEN or its agents and contractors from access to its public land under the encroached area not occupied by a previously constructed building ., . . . . . Under these circumstances, the Licensee shall restore the right-of-way under the encroachment to its original or better conditions immediately and in accordance with the latest Engineering Department sjandards for improvements of Public ~~~ . . . .' IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written @~ Ie: ~~ ~- (Licensee signature mus~d) THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBUC: STATE OF COLORADO) ) ss. County of pitkin The fDregoing instrument was acknDwledged before me this ;' I Day of iT. ty, l; (;,fL ;) _ ,20 .:.) , by '.'\)-(' -,. 0' c. \('\ {'_r (' (Address) CCCCCCCCCCCCCCCCCCCCCI...- -::J-::J::J-::J-::J::J-::J::J-::J::J-::J::J~::J-::J-::J-::J-::J-::J=D:J::) (DO NOT WRITE Baow THIS LINE, FOR CITY USE ONLY) APPROVALC1Ut"A'mOVEO (Notary Pubf~) ~I(r\l \ \r'r\...' ^. -^- \. "-.. ~_.. r . \..--l<.....,\...."...:.. ....... (Print LK:ensee ~e) WITNESS MY HAND AND OFFICIAL SEAL. Notary commission expires: c"r-/I-C'i (Date) \. ':'-2 ~}; \-.....i\c.q,\ S\- 3(."- --. " ..~ ----...... II'> BY: DATE: CITY OF ASPEN, CO B City of Aspen. Engineering Department, 130 South Galena Street, Aspen Colorado 81611 ~ 970.920-5080 REVtSED:09/1 YZOO6 LDOZ 'AJenJqad 51 ., OZ 01 0 ~ ale~s 4:).10U " 0 0 . . " ~ . . . " " - . . . 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IGREELEY CO 80638-0001 -----------------------------~---------I 6-KD-4166-5 Po~icy Number IA stock Company with Home Offices in _______________________________________\Bloomington, Illinois. amed Insured and Mai~inq Address I AGGS, JAMES K & GAY 15 W MAIN ST STE 101 SPEN, CO 81611-1659 ------------------------------------- ------------------------------------------------------------------------------ he Policy 2:01 a.m. ,remises. 1 Automatic Renewal. - If the po~icy IPeriod is shown as 12 months, this Ipo1icy will be renewed auto- Imatically subject to the premiums, 11/11/2007 Effective Date \rules and forms in effect each 12 months-Policy Period I succeeding policy period. If this ll/l1/2008 Expiration of Policy Period Ipolicy is terminated, we will give ___________________________________________Iyou and the Mortgagee/Lienholder ~imit of Liability _ Section 1 \written notice in compliance with Ithe policy provisions or as I required by law. \----------------------------------- IDeductibles - Section 1 $1000 ?~_icy Type IALL LOSSES In case of loss under {omeowners Policy Ithis policy, the deductible will be Dwell Repl Cost _ Similar Construction lapplied per occurrence and will be Increase Dwlg Up to $499,200 - Option ID Ideducted from the amount of the ___________________________________________1 loss. Other deductib1es may apply Location of Premises 1- refer to your policy- 640 N 3RD ST 1 ASPEN CO 816111322 I \----------------------------------- IPolicy Premium $2,721.00 I 2,496,000 Coverage A Dwelling Period begins and ends at standard Time at the residence ---------~-----------------------~--------------------------------------------- Forms, Options, FP-7955 LSP Al LSP BI OPT ID OPT OL ------------------------------------------------------------------------------- & Endorsements HOMEOWNERS POL SMLR CONST-A LMT RPLC COST-B COV A-INCR DWLG BLD ORD/LAW-10% CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611-1902 Agent Name & Address HARRIS, WAYNE S 715 W MAIN STREET Suite 103 ASPEN CO 816ll (970)925-5134 Loan Number: ,---------------------------------------------------------------------------- February 21, 2007 1518 Agent'S Code MORTGAGEE COpy 1 pared: 559-916CO Review & Approve Revocable Encroachment License Accepted by: Date: Comments: streets Dept. Approval: Date: Comments: Po," Depl. App,avalo r;,~ ,U~, <'"'' yji) Daleo 'f.;j'f' Comments: OK ..~-;:;..n-I ~1'_ru-.J../c.Hw0-rs o~.. ?"f'.D. <;,~ "').......,..,.... '/" ,;)J<:c., I':>.~ THG ~FF.:r:c STUDY' IScR:>i:6 I'-"P!2.,.., I!u.-;>t" k-.J'f GOc..e.oAL.u,;...6Pl ou J..-ArJ..:.: .4. fib. . Parking Dept. Approval: Date: Comments: Comments: Engineering Dept. Approval: Fire Dept. Approval: Date: Comments: ~ ..,': ,.~_; "-.._~",,,_o. ,o,,;-.,;,,-.'-~ ;~ ::,::; . - ","-'.i City of Aspen - Engineering Department '-", Shara Dame ,c,C'o February 15, 2007 Daggs Residence at Lake Avenue Encroachment application drawing Jim Daggs - Owner I Geoff Lester - Architect, Files o mail o courier III hand delivery by G.c. o pick up Please find the following items attached to this transmittal for the Encroachment Application submittal for 640 N. Third Street: (1) - 8.Sxll" Site Survey (1) _ 8.Sx11" Site Plan with encroachment proposals for the Revised Encroachment Application The attached plan is a result of the HPC approval for submission dated February 14, 2007. Application payment has been provided with the original application dated March 16, 2006. Revisions from the previously submitted plan are as follows: Third Avenue Side 1. Adu parking space has been eliminated as a result of an adu parking variance granted by the HPC during a hearing on February 14, 2007. The Commission is in support of on-street parking. 2. Driveway width has been decreased to 18' at the property ilne. Lake Avenue Side 1. Proposed trees in row have been modified from Mountain Ash to cottonwood species to continue the historic street tree iayout. 2. The proposed retaining wall has shifted to the north in alignment with the edge of facade of the historic resource. Wall material has been modified from veneered concrete to dry stacked Colorado Rose to match architecture. Per HPC resolution we will provide a mock up of the wall as part of the approval process. ".f"N'-i,I.i)iu' ""i:'{":II',;:',~;D,.:n.I.';!'T! .~..'r.rfj /,~{~;:'ei,rLI.,~_:,,:,,_...~",~~:- 13 tt:,; ".0 ' J"il,!";.~,I-r1i,,!pH'I.if!': . !;"'t ": lc'{'Ph'H'I;' "H~\';Jtr'.. '::;':.'.',!Jll' "I:!lIF;~:~ ..t,f ..l,!' ."....11 i',I';lllr Ilf_' -,." .::.': '., ii. "! ! 1~ ~ . 1~' '. -i ~ ~ '"; ".,. , f; i! : ~ ,:I ;1 I i! ., 'i~1 r! ':"':~';;::', U~.e: i:'" ,~';:., . ..... l!!I.. '?:.:,' :!I '~;q- "' " :.i,.<' w. . -." "Jii\;A~'i~';" ..' ;::: '-;Ji..' c,ttJ;i:t;Y'Co'f'2'::: C'>.. i~iaf','f};~';> oJ'f"" 'jr~~" .,":~!~~&~~;~;~"~~~;<;;;" I I 1 . .1 . I 1 1 I '.1' I I '1. .1 I I I I I I I. I.. ~-+I' 6;;: .. '-, .~.... ~ :'" _ _ fa t~ .1' ~l:', '" : " .1. ':':, . L ,"".. Ig.r: t} ,'~7:':~~!; : ~<;~< f'~ ./, '. N6a TN THI ItD 5'fREE'T .......... ., " I' T I I I I I 1 I I I 'I I I I I '1 I I I I I I I ~ !:~, ;, -~iii ~,/ 1$) ~j:~ -".,:.. "~ .ill .~ tJ.) ... ~ .'. 'JL~' , ._.......1 _..-....-- ", ,c .~. .:;1 ./... ~ ,,/. . ,../ " "e- ."'. . ;-' .:)2"- . .:~,:! ::~.. ~:. ,',? :ij . l~ l.,..~..~'.:'. . ~~_.::.:.:~~=.;;~. ",.n 0:'.:.7 ,:;.~ . f:j L^~!_ !>.v~NUR "....'.... ..;.L~'. .i. , '.. ...;;,~~ -, ' ': :,~. '" /,::,,:,"".':_'.~ ::..~-,;~',..~. /$.... - fA i ,,;t');;", ..'r.;.~!. t;:y':i-::,. .. .' . ';4:;1;ri,~;~fil!!if~~ .... . ',.' ';,'0 ~>.. , ...... ...~.r . '.,.." ...... 3. Grading has been modified to accommodate the new wall location and two car spaces instead of the previously submitted three spaces. As per the HPC hearing on February 14, 2007, the Commission is in support of on-street parking. Thank you, Shara Dame ,',j',r,'W ,:')1':' ", :r.,.(~\~,1 "PF:;'\ .Ci. 1m ASPEN mSTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 14, 2007 Chairperson, Jeffrey Halferty called the meeting to order at 5:00 p.m. Commissioners in attendance: Brian McNellis, Michael Hoffman and Sarah Broughton. Alison Agley was excused. Staff present: Amy Guthrie, Historic Preservation Officer Sara Adams, Historic Preservation Planner Kathy Strickland, Chief Deputy City Clerk MOTION: Sarah moved to approve the minutes of January 1 dh, second by Michael. All in favor, motion carried 4-0. MOTION: Sarah moved to approve the minutes of Nov. 8'h and Dec. 13th; second by Jeffrey. All in favor, motion carried 3-0. Yes vote: Brian, yes; Sarah, yes; Jeffrey. Yes. Disclosures: Brian will recuse himself on 640 N. Third Jeffrey will recuse himself on 202 N. Monarch Sarah will recuse herself on 434 E. Cooper 640 N. Third - Parking Variance and encroachment license - public hearing Brian stepped down. Valerie Alexander, Bluegreen represented the owners. Shara Dame, Bluegreen Jim Daggs, owner Amy pointed out that since there are only three members, an affirmative vote of all three members needs to occur in order for the agenda item to pass. Exhibit I - Affidavits Exhibit II - drawings Exhibit III - 3 photographs Exhibit IV - letter from Marianne Lubar in opposition of the variance Amy said this project was approved and well under construction. This particular site has had an ADD on the property for some time and in the deed restrictions it was a voluntary ADD. The site requires three on-site parking spaces, two for the single family home and one for the ADD. This property 1 Attachment B ASPEN mSTORlC PRESERVATION COMMISSION MINUTES OF FEBRUARY 14. 2007 does not have alley access and it is sandwiched between two streets. In order to provide the three spaces it requires a curb cut that is almost twice as wide as what City Engineering allows off a primary street. Only one curb cut is allowed per property. The applicant has asked for a variance so the space for the ADD does not have to be on the site but on the street. It seems more appropriate to narrow the driveway and retain the parking on the street and provide the variance. Staff supports the request. There is an additional issue related to this project that they would like to discuss. Because there is no alley the only vehicular access is at their back door and the applicant is requesting that we consider some parking on Lake Ave. The street comes to a natural edge and there is no curb or gutter and a prohibition of parking on the street. They would like to create a little pull off so that they can have two spaces where people can park and enter the front ofthe house. Staff has concerns because it would require a retaining wall and do we really want parking on Lake Ave. Jeffrey said he is the monitor on the project and this is a quaint historic street on Lake Ave. Jeffrey said he would like the board's opinion. The hillside erosion is a concern and the character of the neighborhood. Other City departments also need to review the Lake Ave. proposal. Valerie addressed the Third Ave. variance request. At the time when the drawings went through the building department it wasn't picked up that the parking area was in violation of the residential design standards. When we went to prepare the encroachment with engineering they caught it as a wider curb cut. The space would be behind an existing conifer tree. We do feel that the pattern of parallel parking in the neighborhood is a strong one and parking is a basic need. Having the wider 36 foot curb cut takes away a parallel parking space and we feel it is a better solution to have a modest 18 foot driveway. Jim Daggs said it seems more useful to have a public parking space on the street than a private space adjacent to the ADD to be used part of the time especially in summer with all the concerts at the tent. . Sarah inquired if there is anyway to do the third spot without increasing the curb cut? Valerie said the narrowest we can get it is 24 foot curb cut and that would be right and awkward to get around the corner ofthe garage. It would be 36 feet to negotiate it comfortably. The curb cut right now is 18 2 ASPEN mSTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 14, 2007 feet, the same as the two car garage. Engineering is willing to provide a variance to go to 24 feet if that is desirable. Jeffrey asked if the two spots in the garage are for the owner only or one for the ADD. Jim Daggs said the spots are for him as the owner. Chairperson, Jeffrey Halferty opened the public hearing. Claude Salter, neighbor. Claude said she has no problem with the proposal and her only concern is related to the air conditioning units adjacent to her courtyard. The pine tree that sits in the right-of-way is not in the greatest health. Claude said she has no problem with the Third Street side proposal. The on-street parking might improve the parking if the ADD tenant isn't there then someone who is going to the music tent can actually park there. Ifit was a driveway to the ADD you couldn't park there because you would be blocking the ADD spot. Chairperson, Jeffrey Halferty closed the public hearing. Commissioner comments Michael relayed that he can support the variance. Sarah also supports the on-street parking as an amenity to the neighborhood. Jeffrey said he would prefer to see a smaller curb cut but he does see the need for the tenant of the ADD needing a parking space. The applicant is spending a lot of time and energy to design a way to help with the parking situation. MOTION: Michael moved to approve Resolution #6 as drafted by staff, motion second by Sarah. Roll call vote: Michael, yes; Sarah, yes; Jeffrey, yes. Lake Avenue discussion: Valerie said there is a slight rise in the topography in the middle of the lot then gently slopes back down. Driveways come off Lake Ave. and 3RD Street because there are no alleys. On the site Basalt volcanic rock exists that is placed irregularly along the slope of Lake Avenue. Valerie pointed out that parallel parking is a common condition in the West End. The landscape plan was to be a condition of approval to be worked out with staff and monitor. 3 ASPEN'mSTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 14. 2007 Michael asked if this item is a monitoring issue. Amy said the parking is not on their property, it is on city property. This should be treated as a referral comment. Valerie said they are looking for a nod that the request is in compliance with the HPC guidelines. Valerie said the landscape plan accommodates street parking and reconfiguring the existing boulder wall into a wall that is a little more regular and provides for an 8 foot dimension for parking. The plan shows two spots and a path from the home. The parking can be kept in front of the lot split lot in front of the non-historic resource. We are balancing a lot of objectives; the Parks Dept. wants the 4 cottonwood trees protected. We are proposing a dry stack wall that allows for plantings where vines and plants can grow in the wall and keep a very soft character while protecting the trees. The wall is low, 30 inches. Valerie said the City Departments are willing to work with the applicant to make all ofthe standards met. HPC is the first step in this process. Jim Daggs said he has lived at this location for 30 years. No one uses the front entrance on Lake Avenue because there is no parking. It seems a shame to restore the Victorian house and not follow through to have it used as the front entrance of the house. Without parking the front will not be used. At considerable expense we are hoping the HPC will allow some parking to be used as the entrance to the house. The Engineering Dept. did not want a driveway cut. Claude Salter pointed out that the retaining walls on Lake came about in the late 60's, neither one is original to the road cut. On the other side of Lake Ave. there are no parking spots because there is a ditch. That is why people have driveways because you can't park there. Claude said the proposed parking area on the street will block the view of the historic resource. Amy pointed out that the parking cannot be for the owners use because it is on City property. It could be used by anyone. Comments Sarah said there is value being able to access the front of the historic resource and there is an issue of parking on Lake Ave. Sarah said she is 4 ASPEN mSTORIC PRESERV AnON COMl\flSSION MINUTES OF FEBRUARY 14. 2007 open to discussion with the other departments as to how we bring in parallel parking. The entire street needs addressed. Sarah said she is favorable with having some on-street parking on Lake Ave. but it needs to be kept with the historic context of what we have currently. Michael also said he is open for discussion with the different departments. Jeffrey said this street has alwaysbeen a challenge. Jeffrey recommended that the entire Lake Ave. be studied and possible be a one-way direction. Also, the discussion that it is a pedestrian way in the summer needs addressed. Michael said the sense of the board is that HPC likes the idea of on-street parking but it needs to be worked out with the other agencies that have purview over this. Michael also pointed out from a procedural point of view notification needs to be given to the neighbors. Valerie commented that it is great advice to look at the big picture but realistically it is going to be years down the road before we have each owners nod. The financial burden comes at Jim Daggs expense and he is willing to do that. Jim Daggs said we can't go forward without a recommendation from HPC. Michael said in reality Mr. Daggs doesn't own the property. You can't make an application for property that you do not own. The sense of the board is that we are in support of the idea. Amy pointed out that from the site visit other agencies have less interest in the design aspect. Ifwe bounce it back they may say they are OK with the design. Jeffrey said this is the City property and we do not have the jurisdiction to say this is what we are doing on this property. There are other properties on this street that have no parking. Sarah said her comment is that the wall needs to remain very low. 5 ASPEN mSTORIC PRESERV A nON COMMISSION MINUTES OF FEBRUARY 14. 2007 Valerie said she believes that the HPC represents the City and HPC is the first step of our formula. We will continue to coordinate with the other departments. Amy pointed out that an encroachment license recommendation does not need public notice. MOTION: Sarah moved to more forward with the recommendation from HPC that Lake Ave. and the bike pedestrian way along Lake Avenue be looked at by the City as to how on-street parking be implemented as it fits in historically with the context of the neighborhood; motion second by Michael. Roll call vote: Michael, yes; Sarah, yes; Jeffrey, yes. 6 March 13, 2007 . James Daggs 715 West Main Street Ste 101 Aspen, CO 81611 THE CITY OF ASPEN RE: Revocable Encroachment Licell!'e for 640 N. Third St Dear Mr. Daggs: Afterre-e,,"mining the proposed encroachment along Lake Avenue and North Third Street the City of Aspen will uphold the previous decision to not approve the application. . Several concerns have been addressed during'onsite visits and through other correspondence, however not all of these issues have been adequately addressed in the most recent application.' . The drawing that depicts a proposed parking area does not meet the minimUI)l required dimension for parking. The illustration indicates there is nine feet between the proposed retaining wall and the edge of the parking; the minimum dimension for this type of parking configuration is ten feet . Additionally, comments were made about the snowmelt and associated grading of both the driveway and the proposed entry walkway. Presently the design shows all melted snoW running into the public right 0" way and ultimately onto the paved surface of the streets. ~qiiashed culverts are identified within the proposal, although, there is no indication of how water will be conveyed from. the snowmelt area to these culverts' or'to other existing infrastructure designed to convey stormwater. The Historic Preservation Committee also presented concern regarding the present character of the street and the surrounding area, The majority of the street is devoid of on street parking with native and cultural landscapes abutting the paved surface. The preservation of the neighborhood charader is a consideration thatihis group makes. The current perception is that if the City of Aspen began to allow on street parking in' this area it could lead to the degradation of the character in this instance. ' Much of the application could beappro'ved if the concernS regarding drainage and its conveyance is addressed, however the remaining concerns regarding traffic flow and safety of the traveling public will. still need to be addressed prior to the approval of this encroachment; it is plansible that this assurance will not come prior to Certificate of Occupancy being issued. Please contact me at anytime to discuss these issues, I can be reached at my office (970) 920-5123, or via email ataarollf(mci.aspe:n.co.us. A Aaron R ed Construction Mitigation Officer City of Aspen c: Trish Aragon, P.E., City Engineer Trisha Coyle, P.E., Senior Project Manager Repository 130 SOlITH GALENA S= . AsPEN; COLORADO 81611-1975 . PHON! 970.920.5000. FAX 970.920.5197 www.aspengov..com 7'rintellcmRrt:yd~hper . .. . . ,r, ~ March 22, 2007 Trish Aragon - P.E., City Engineer City of Aspen Engineering Department 130 South Galena Street Aspen, Colorado 81611 Via emali delivery - RE: Revocable Encroachment License - 640 North 3rd Street in Aspen, Colorado Dear Trish: On behalf of James Daggs, please accept this letter as a formal appeal to the March 13, 2007 (postmarked March 14 #2007-e026) Revocable Encroachment License denial ietter prepared by Aaron Reed, City of Aspen Construction Mitigation Officer. Aoollcation Reauest/Process The encroachment permit application requests the ability to canstruct (a) two parking spaces and (b) a sidewalk at the front entry approach to the property located along Lake Avenue at the east side of the property, as well as the ability to improve (c) an existing driveway access to the garage located aiong North Third at the west side of the property. Concurrent with the application submission, Bluegreen presented the design to the Historic Preservation Commission on February 14, 2007 at which time the Commission voted, in a 3-0 yes vote, to support the implementation of on-street parking. Context/ Historv Currently, on-street parking is restricted on the 600 block of Lake Avenue (Lake Avenue is the historic resource's front entrance.) While the neighborhood pattern of on-street parking is evident throughout the West End of Aspen and on every adjacent street, parking is limited on this portion of Lake Avenue due to a currentiy narrow street dimension. In response, and because having on-street parking is an important part of the livability and usability of a residence, several homes along the street have created parking niches accordingly. Because there is no parking at the home's front entry, the residence is accessed from the non-historic North 3"' Street side. Consequently the Daggs City Engineering Appeal Letter 640 North Third Street Attachment D primary historic fa<;ade was abandoned due to lack of use, leaving the historic Lake Avenue side of the home in an unused and back-of-house appearance. As the site exists today, a cobble/rock slope and dense iayers of unkept plantings block views to the historic resource leaving the house hidden from the street and generally inaccessible. The site condition at Lake Avenue is as follows: the distance between the edge of paving on Lake Avenue and the trunk of the cottonwood trees is 23.5 feet. Should parking be approved in the 9 or 10 foot width, the remaining undisturbed root zone of the cottonwood trees is 14.5 feet or 13.5 feet, respectively. If approved, the Owner commits to hand dig in all locations where roots are in conflict with the parking and/or site wall. We anticipate additional conditions such as specific root pruning techniques or other construction methods and the Owner is prepared to follow such conditions. Citv of Asoen Municioal Code Summary Using the decision-making criteria outlined in Chapter 21.04.050 of the City of Aspen Municipal Code, we have provided the following response. The bDard Df adjustment shall utilize the fDIIDwing standards in determining whether to affirm, reverse Dr modify the decision Df the city engineer: (1) Whether the requested encroachment is the minimum encroachment necessary to make possible the reasonable use of the parcel, building Dr structure in questiDn. Response: This proposal carefully locates, within the cDntext of several mature cDttonwood trees, a sidewaik to the home's front entry and two parking spaces parallel to Lake Avenue. The parking dimension, though required by the City of Aspen Engineering Department to be a minimum of ten feet, is proposed at nine feet to avoid damage to the roots of the adjacent trees, per the request of the City of Aspen Parks Department. We present that the design creates the absolute minimum encroachment necessary to make parking and access to this lot possible. In addition and per Aaron's letter, the design has been mDdified to include a trench drain at each street edge to intercept runoff before entering the street. (2) Whether denial Df the encrDachment wDuld cause the applicant unnecessary hardship or practical difficulty. Response: The denial of this application creates a hardship and practical difficulty in that no parking is available at the front of the home, causing the residents and guests to enter the home from the more utilitarian/rear of the property. The problem is compounded in that parking is also limited at the North 3"' Street/rear of the home due to the unique block configuration of no alley and driveways fronting on North 3"' Street. In suumary, the regular pattern of driveways on North 3" Street limits the availability of parking significantly, with no parking available on Lake Avenue. Daggs City Engineering Appeal Letter 2 640 North Third Street (3) Whether there are special circumstances or conditions which are unique to the parcel, building, or structure in question which are not applicable to other parcels, buildings or structures. Response: Reference "unique block configuration" (above in Item 2.) Thank you for your consideration of this proposal and corresponding appeaL We look forward to discussing it with you further at a time to be determined by Staff. Sincerely, V~tcJW,/' Valerie Alexander, ASLA Enclosures: Encroachment Permit Application Historic PreselVation Commission Minutes of February 14, 2007 Daggs City Engineering Appeal Letter 3 640 North Thj,d Street ~ City of Aspen - Engineering Department Shara Dame February 15, 2007 Daggs Residence at Lake Avenue Encroachment application drawing Jim Daggs - Owner, Geoff Lester - Architect, Files o mail o courier . hand delivery by G.c. o pick up Please find the following items attached to this transmittal for the Encroachment Application submittal for 640 N. Thi,d Street: (1) - 8.5xll" Site Survey (1) - 8.5xl1 It Site Plan with encroachment proposals for the Revised Encroachment Application The attached plan is a result of the HPC approval for submission dated February 14, 2007. Application payment has been provided with the original application dated March 16, 2006. Revisions from the previously submitted plan are as follows: Third Avenue Side 1. Adu parking space has been eliminated as a result of an adu parking variance granted by the HPC during a hearing on February 14,2007. The Commission is in support of on-street parking. 2. Driveway width has been decreased to 18' at the property line. Lake Avenue Side 1. Proposed trees in row have been modified from Mountain Ash to Cottonwood species to continue the historic street tree layout. 2. The proposed retaining wall has shifted to the north in alignment with the edge of facade of the historic resource. Wall material has been modified from veneered concrete to dry stacked Colorado Rose to match architecture. Per HPC resolution we will provide a mock up of the wall as part of the approval process. 3. Grading has been modified to accommodate the new wall location and two car spaces instead of the previously submitted three spaces. As per the HPC hearing on February 14, 2007, the Commission is in support of on-street parking. Thank you, Shara Dame ...w-:i 0::- __-~ Z !:; Z o.J r o:::-wu.:;: 1->:;: U1ZW@~ uoicr:c.. --::E-a... ~~O&ci ..J"UWt:; aLL. 0 C:::w z;;il-a..1- 01-= =? I :;:zl'!:<u wOlUUa::: V'lN~O<( o~U::EW \\ "'00-0. . oI~ffi5 /' , ~~fil~i!k ~__~. O:J ~~5 '---51a~ ..J u",o.;'2 :<'" :J U~ I- "Z U I-~ w "'0 I- >-'<l J: "'..J U o '" " W > ~ z '" z"'~ 0",,, ~wz ","'z <;1"'w ",;:!ffi ~"'o. ~ 1-" "'''' w'" >w ..JU :JW Uz 0'" w" II- "'w "..J :JI- O':J ",0 ,.. .. 'I' , Q'E -_ . - , -.~ ..,.- .- . , 8 north ~. o 10 20 15 February, 2007 '" z ;: '" " 0. o W '" o 0. o '" 0. W e- o. :': '# N @ t;; W '" . a 2 ::ml..j3.i\ v C:~ Ww to!!! 0'" w' ",v w.... w";' 3.)!Vffi ~ '" t; ~ :< w ~ ...J ~ Cl <( ~a ~ ;: u ~ '" ~ 00 0 LU wa:::~ w ~~~~l/lo ;: ""I- o 5U G ~ ~ l/l~::l a:: '.r W<lJ))'JO:J ~--- __--,.-i"1/f ~~ I-W zl- w'" W;< z..J g~ "'w wo >~ ~'" ~ z u.' "w wo ..J- s!:1 ow ",w ",,,, ,,~ Zo , 0 "'0 fils "'z ~~ 00 g:u '*__ 1 "", I :;' r 11 ; .I o -0 >..J Ow "'"' 0. T ur". -. _ a... -k\-;.I, " If\ '" '" -640 N. THIRD AVENUE "'''' zl:l 0:': -I- !;(z scale <;10. e; m e . ~ " . , < :0 ~ ~ . ~ . . ~ ~ 0 , . . . o wJ:I-c::........~~ 1-5~~f2~ ~B. U1~wfa~:i:!1 u 0 ~ c!a... ~ --::E: _0... it- ~ ~ 0 ~<( ~ ~"Uwt:; olLoD:::w ~ z;;i1-a..t- o\-= =?:c :;:zl'!:<u wowua:: (/)N~Oc:( oa:U:Ew O::oo-a... oJ:~ffi5 ~"'ow'" ",::;i!'ti'i~ o:Jz>::; oh1::5...J uc<o.;'2 :<c< :J u~ I- "Z U 1-- w "'0 t: >-:;! :r: "'..J u o '" ~ . ~ o , o g ASPEN mSTORlC PRESERVATION COMMISSION MINUTES OF FEBRUARY 14, 2007 Chairperson, Jeffrey Halferty called the meeting to order at 5:00 p.m. Commissioners in attendance: Brian McNellis, Michael Hoffman and Sarah Broughton. Alison Agley was excused. Staff present: Amy Guthrie, Historic Preservation Officer Sara Adams, Historic Preservation Planner Kathy Strickland, Chief Deputy City Clerk MOTION: Sarah moved to approve the minutes of January 16th, second by Michael. All in favor, motion carried 4-0. MOTION: Sarah moved to approve the minutes of Nov. 8th and Dec. 13th; second by Jeffrey. All infavor, motion carried 3-0. Yes vote: Brian, yes; Sarah, yes; Jeffrey. Yes. Disclosures: Brian will recuse himself on 640 N. Third Jeffrey will recuse himself on 202 N. Monarch Sarah will recuse herself on 434 E. Cooper 640 N. Third - Parking Variance and encroachment license - public hearing Brian stepped down. Valerie Alexander, Bluegreen represented the owners. Shara Dame, Bluegreen Jim Daggs, owner Amy pointed out that since there are only three members, an affirmative vote of all three members needs to occur in order for the agenda item to pass. Exhibit I - Affidavits Exhibit II - drawings Exhibit III - 3 photographs Exhibit IV -letter from Marianne Lubar in opposition of the variance Amy said this project was approved and well under construction. This particular site has had an ADD on the property for some time and in the deed restrictions it was a voluntary ADD. The site requires three on-site parking spaces, two for the single family home and one for the ADD. This property 1 ASPEN mSTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 14, 2007 does not have alley access and it is sandwiched between two streets. In order to provide the three spaces it requires a curb cut that is almost twice as wide as what City Engineering allows off a primary street. Only one curb cut is allowed per property. The applicant has asked for a variance so the space for the ADD does not have to be on the site but on the street. It seems more appropriate to narrow the driveway and retain the parking onthe_street and provide the variance. Staff supports the request. There is an additional issue related to this project that they would like to discuss. Because there is no alley the only vehicular access is at their back door and the applicant is requesting that we consider some parking on Lake Ave. The street comes to a natural edge and there is no curb or gutter and a prohibition of parking on the street. They would like to create a little pull off so that they can have two spaces where people can park and enter the front of the house. Staff has concerns because it would require a retaining wall and do we really want parking on Lake Ave. Jeffrey said he is the monitor on the project and this is a quaint historic street on Lake Ave. Jeffrey said he would like the board's opinion. The hillside erosion is a concern and the character of the neighborhood. Other City departments also need to review the Lake Ave. proposal. Valerie addressed the Third Ave. variance request. At the time when the drawings went through the building department it wasn't picked up that the parking area was in violation of the residential design standards. When we went to prepare the encroachment with engineering they caught it as a wider curb cut. The space would be behind an existing conifer tree. We do feel that the pattern of parallel parking in the neighborhood is a strong one and parking is a basic need. Having the wider 36 foot curb cut takes away a parallel parking space and we feel it is a better solution to have a modest 18 foot driveway. Jim Daggs said it seems more useful to have a public parking space on the street than a private space adjacent to the ADD to be used part of the time especially in summer with all the concerts at the tent. Sarah inquired if there is anyway to do the third spot without increasing the curb cut? Valerie said the narrowest we can get it is 24 foot curb cut and that would be right and awkward to get around the comer of the garage. It would be 36 feet to negotiate it comfortably. The curb cut right now is 18 2 ASPEN mSTORlC PRESERVATION COMMISSION MINUTES OF FEBRUARY 14. 2007 feet, the same as the two car garage. Engineering is willing to provide a variance to go to 24 feet if that is desirable. Jeffrey asked if the two spots in the garage are for the owner only or one for the ADD. Jim Daggs said the spots are for him as the owner. Chairperson, Jeffrey Halferty opened the public hearing. Claude Salter, neighbor. Claude said she has no problem with the proposal and her only concern is related to the air conditioning units adjacent to her courtyard. The pine tree that sits in the right-of-way is not in the greatest health. Claude said she has no problem with the Third Street side proposal. The on-street parking might improve the parking if the ADD tenant isn't there then someone who is going to the music tent can actually park there. Ifit was a driveway to the ADD you couldn't park there because you would be blocking the ADD spot. Chairperson, Jeffrey Halferty closed the public hearing. COmnllssioner comments Michael relayed that he can support the variance. Sarah also supports the on-street parking as an amenity to the neighborhood. Jeffrey said he would prefer to see a smaller curb cut but he does see the need for the tenant of the ADD needing a parking space. The applicant is spending a lot of time and energy to design a way to help with the parking situation. MOTION: Michael moved to approve Resolution #6 as drafted by staff, motion second by Sarah. Roll call vote: Michael, yes; Sarah, yes; Jeffrey, yes. Lake Avenue discussion: Valerie said there is a slight rise in the topography in the middle of the lot then gently slopes back down. Driveways come off Lake Ave. and 3RD Street because there are no alleys. On the site Basalt volcanic rock exists that is placed irregularly along the slope of Lake Avenue. Valerie pointed out that parallel parking is a common condition in the West End. The landscape plan was to be a condition of approval to be worked out with staff and monitor. 3 ASPEN mSTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 14, 2007 Michael asked ifthis item is a monitoring issue. Amy said the parking is not on their property, it is on city property. This should be treated as a referral comment. Valerie said they are looking for a nod that the request is in compliance with the HPC guidelines. Valerie said the landscape plan accommodates street parking and reconfiguring the existing boulder wall into a wall that is a little more regular and provides for an 8 foot dimension for parking. The plan shows two spots and a path from the home. The parking can be kept in front of the lot split lot in front of the non-historic resource. We are balancing a lot of objectives; the Parks Dept. wants the 4 cottonwood trees protected. We are proposing a dry stack wall that allows for plantings where vines and plants can grow in the wall and keep a very soft character while protecting the trees. The wall is low, 30 inches. Valerie said the City Departments are willing to work with the applicant to make all of the standards met. HPC is the first step in this process. Jim Daggs said he has lived at this location for 30 years. No one uses the front entrance on Lake A venue because there is no parking. It seems a shame to restore the Victorian house and not follow through to have it used as the front entrance of the house. Without parking the front will not be used. At considerable expense we are hoping the HPC will allow some parking to be used as the entrance to the house. The Engineering Dept. did not want a driveway cut. Claude Salter pointed out that the retaining walls on Lake came about in the late 60's, neither one is original to the road cut. On the other side of Lake Ave. there are no parking spots because there is a ditch. That is why people have driveways because you can't park there. Claude said the proposed parking area on the street will block the view of the historic resource. Amy pointed out that the parking carmot be for the owners use because it is on City property. It could be used by anyone. Comments Sarah said there is value being able to access the front of the historic resource and there is an issue of parking on Lake Ave. Sarah said she is 4 ASPEN mSTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 14. 2007 open to discussion with the other departments as to how we bring in parallel parking. The entire street needs addressed. Sarah said she is favorable with having some on-street parking on Lake Ave. but it needs to be kept with the historic context of what we have currently. Michael also said he is open for discussion with the different departments. Jeffrey said this street has always been a challenge. Jeffrey recommended that the entire Lake Ave. be studied and possible be a one-way direction. Also, the discussion that it is a pedestrian way in the summer needs addressed. Michael said the sense of the board is that HPC likes the idea of on-street parking but it needs to be worked out with the other agencies that have purview over this. Michael also pointed out from a procedural point of view notification needs to be given to the neighbors. Valerie commented that it is great advice to look at the big picture but realistically it is going to be years down the road before we have each owners nod. The financial burden comes at Jim Daggs expense and he is willing to do that. Jim Daggs said we can't go forward without a recommendation from HPC. Michael said in reality Mr. Daggs doesn't own the property. You can't make an application for property that you do not own. The sense of the board is that we are in support of the idea. Amy pointed out that from the site visit other agencies have less interest in the design aspect. Ifwe bounce it back they may say they are OK with the design. Jeffrey said this is the City property and we do not have the jurisdiction to say this is what we are doing on this property. There are other properties on this street that have no parking. Sarah said her comment is that the wall needs to remain very low. 5 ASPEN mSTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 14. 2007 Valerie said she believes that the HPC represents the City and HPC is the first step of our formula. We will continue to coordinate with the other departments. Amy pointed out that an encroachment license recommendation does not need public notice. MOTION: Sarah moved to more forward with the recommendation from HPC that Lake Ave. and the bike pedestrian way along Lake Avenue be looked at by the City as to how on-street parking be implemented as ii fits in historically with the context of the neighborhood; motion second by Michael. Roll call vote: Michael, yes; Sarah, yes; Jeffrey, yes. 6