HomeMy WebLinkAboutlanduse case.boa.930King-St.010-97
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AGENDA
ASPEN BOARD OF ADJUSTMENT COMMISSION
Special Meeting
Thursday, October 16, 1997 at 4:00 p.m.
Council Chambers, City Hall
I. ROLL CALL
II. MINUTES
III. COMMENTS
A. Commissioners Comments
B. . Staff Comments
C. Public Comments (not concerning items on the Agenda)
IV. PUBLIC HEARINGS
A.
~e
Case #97-10 (Winnerman) NPJ Partners, LLC
lHltl \Hi King Street, Aspen, CO
Temporary relocate and store fill and construction materials at the
vacant lot located at 900-910 King Street for a 90 day period.
VI. ADJOURN
-~--,-.I
NOTICE OF PUBLIC HEARING
CASE #97-10
Before the City of Aspen Board of Adjustment
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
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
cannot 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
vanance.
Particulars of the hearing and requested variance are as follows:
Date and Time of Meeting:
Date: October 16, 1997, City Council Meeting Room
Time: 4:00 P.M.
Owner for Variance: (amended 10/07/97 upon notice)
Applicant for Variance:
Name: NPJ Partners, LLC. (Lawrence Winnerman)
NPJ Partners, LLC.
(Lawrence Winnennan)
Address: 317 Park Avenue, Aspen, Colorado 81611
Location or description of property:
900 - 910 King Street, Aspen, Colorado 81611
Variances Requested:
To temporary relocate and store fill and construction materials at the vacant lot located at 900 - 910
King Street for a 90 day period.
Will applicant be represented by Counsel: YES: NO: X
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
_..~-- ..~.,_.."~ "..__.~.....
MEMORANDUM
TO:
Board of Adjustment . i..J
Julie Ann Woods, Community D:_~lopment Deputy Directt~
Sara Thomas, Zoning Officer @
Winnerman - Request to allow for the temporary off-site storage of
building materials on the property located at 900-910 King Street.
THRU:
FROM:
RE:
DATE:
October 9, 1997
----------------------------------------------------
-----------------------------------------------
SUMMARY: The Community Development Department issued a Correction Notice on
October 2, 1997 at 900-910 King Street, notifying the Applicants that a variance is
required for the temporary off-site storage of building materials. The applicant is now
requesting a variance to permit the continuation of storing materials for a 90 day period.
The materials are to be used for the construction project located at 570-580 S. Riverside
Avenue. The applicant is the owner of the King Street and Riverside properties.
Please refer to the attached drawings and written information provided by the applicant
for a complete presentation of the proposed variance.
APPLICANT:
Mr. Larry Winnerman
LOCATION: 900-910 King Street, with a metes and bounds legal description
more fully described on the attached Improvement Survey.
REVIEW STANDARDS: Pursuant to Section 26.108.040 of the Municipal Code, in
order to authorize a variance from the permitted uses of Title 26, the board of adjustment
shall make a finding that all of the following circumstances exist:
1. Notice of the proposed variance has been provided to surrounding property owners in
accordance with Section 26.52.060(e)(4)(b) of this title.
2. A variance is the only reasonable method by which to afford the applicant relief and
to deny a variance would cause the applicant unnecessary hardship or practical difficulty.
3. The temporary off-site storage or construction staging can be undertaken in such a
manner so as to minimize disruption, if any, of normal neighborhood activities
surrounding the subject parcel.
4. If ownership ofthe off-site parcel subject to the proposed variance is not vested in the
applicant, then verified written authorization of the parcel owner must be provided.
,
5. Adequate provision is made to restore the subject parcel to its original condition upon
expiration of the variance, including the posting of such financial security as deemed
appropriate and necessary by the board of adjustment to insure such restoration.
STAFF RESPONSE:
The following departments have conducted site visits and have requested the following
conditions of approval:
Engineering - There is no apparent problem with erosion or run-off, but fugitive dust
control may be required ifthere is a persistent dry or windy weather pattern.
Streets - King Street lacks a strong structural asphalt overlay and may be damaged by
truck movements. Trucks should exercise caution at turning movements into and out of
the property as these are particularly prone to damage the street. Any damage to King
Street shall be repaired at the expense of the Applicant.
Parks - They'have no issues with vegetative and landscape impacts as long as the
dumping is confined to the open, flat area in the center of the property.
The storage site is a historic property and the Historic Preservation Planner stressed
concern about the proximity of the dirt pile to the two outbuildings. She requests that the
building materials be stored in the open yard area to avoid any accidental collisions of
vehicles or materials with the historic structures. It should be noted that any demolition
of a historic structure, which was not approved by the Historic Preservation Commission,
can result in a five year building moratorium on the property.
ALTERNATIVES:
. Approve the variance as requested.
. Approve the variance with conditions.
. Table action to request further information be provided by the applicant or interested
parties.
. Deny the variance finding that the review standards are not met.
RECOMMENDATION: While Staff is reluctant to grant a variance for an action that
has already occurred, we are able to recommend approval for the temporary off-site
storage of building materials for a 90 day period extending from October 3,1997 to
January 1, 1998 provided that the above mentioned concerns and conditions are
addressed.
-~---I.--.- "
RECOMMENDED MOTION: "I move to approve the request to allow for the
temporary off-site storage of building materials at 900-910 King Street for a 90 day
period commencing October 3, 1997 and expiring on January 1, 1998 with the
following conditions of approval, finding that the review standards have been met:
1. All building materials will be relocated and stored in the center ofthe property in
order to minimize disturbance to existing vegetation and to ensure that the historic
buildings will not be damaged.
2. Any necessary fugitive dust control measures will occur at the expense of the
Applicant.
3. Any damage caused to King Street by the actions of the Applicant will be
repaired at the expense of the Applicant.
4. Construction activity will be limited to the hours of 7am - 7pm."
. .
RESOLUTION NO.~
Series of 1997
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97-10
RELATING TO PROPERTY IN THE CITY OF ASPEN LOCATED AT 930 KING
STREET, ASPEN, COLORADO.
WHEREAS, NPJ Partners, LLC has made application, dated
October 7, 1997 to the Board of Adjustment for a variance from the
use requirements of Chapter 24 of the Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the
Board of Adjustment on this date and after full deliberations
and consideration of the evidence and testimony presented.
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 building permit has been (or will be) issued for the
construction activity necessitating the application for
a variance.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with
Section 24-6-205(E) (4)b) of the Aspen Municipal Code.
Evidence of such notice is located in the City Clerks
Office.
3. A variance is the only reasonable method by which to
afford the applicant relief and to deny a variance
would cause the applicant unnecessary hardship or
practical difficulty.
4. The temporary off-site storage or construction staging
can be undertaken in such a manner so as to minimize
disruption, if any, of normal neighborhood activities
surrounding the subject parcel.
5. The owner of the off-site parcel, subject to the
proposed variance, has provided written authorization
for the off-site relocation.
6. Adequate provision has been made to restore the subject
parcel to its original condition upon expiration of the
variance.
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 24 of the Aspen
Municipal Code:
Approval for the temporary off-site storage of rock and dirt on at
the property located at 930 King Street for a 60 day period
commencing on October 3, 1997 and expiring on December 1, 1997.
Section 3. Conditions Upon Which Variance is Granted.
The variance granted by Section 2, above, is specifically
conditioned upon and subject to the following conditions:
1. All rocks
relocated and stored
existing vegetation
will not be damaged.
on the property.
2. Any necessary fugitive dust control measures will occur
at the expense of the applicant.
3. Any damage caused to King Street by the
Applicant after the date of October 16, 1997 will
the expense of the Applicant.
4. Construction activity will be limited to the hours of
9am-5pm Monday through Friday.
5. Applicant will place construction fencing around the
dirt and rocks.
and dirt currently in place shall be
in a manner that will minimize disturbance to
and will ensure that the historic buildings
No additional fill material shall be stored
actions of the
be repaired at
2.
6.
Applicant
condition.
A bond in the amount of $5000.00 will be posted by the
to ensure that the site is restored to its original
The site will be restored by no later than December
15, 1997.
7. The Applicant will notify the neighbors present at the
October 16, 1997 Board of Adjustment meeting 2 days prior to the
date that the rocks and dirt are to be removed.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 16th day of October, 1997.
,~k i?~
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 of the
City of Aspen, Colorado, at a meeting held on the day hereinabove
stated.
Approved as to form:
Assistant City
form. doc
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BOARD OF AD.JUSTMENT
OCTOBER 16. 1997
CASE # 97-10. NPJ PARTNERS. LLC - 930 KING STREET
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J
6
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BOARD OF AD.TUSTMENT
OCTOBER 16, 1997
Charlie Paterson opened the regular meeting at 4:05 p.m. Jim Iglehart, Ron
Erickson, Rick Head and Dan Martineau were present. Howard DeLuca and David
Schott were excused. City Staff present were John Worcester and Sara Thomas.
PUBLIC HEARING:
CASE # 97-10, NP.T PARTNERS, LLC - 930 KING STREET
Charlie Paterson opened the public hearing and asked the applicant for proof of
notice. John Worcester, City Attorney, stated the applicant was not present but
represented by his attorney, Herb Klein, who eXplained Larry Winnerman was
called out of town, but the contractor, Gary Carmichael, was also present. John
Worcester stated for the record the affidavit of notice was legal and the board
could proceed.
Klein explained Mr. Winnerman was building 2 houses on Riverside Drive
(Kastelic Subdivision) adjacent to the Roaring Fork River and needed to move
some dirt from this property. Klein further noted that Mr. Winnerman was one of
the owners of the "no problem Joe property" on King Street. He said that the
Riverside property had specific site restraints therefore could not store the dirt on
site. He commented that Mr. Winnerman did not know there was a code violation
when he instructed Mr. Carmichael to temporarily store the fill on the "no .
problem" property. Klein stated that when it came to Mr. Winnerman's attention,
he immediately went to Stan Clauson to process this application. He said it was
not his intention to do something illegal and they just want this viewed as dirt
being moved there now. He felt this a reasonable request.
Klein said the "no problem" property was mostly vacant, with a couple of historic
structures on site. He said with the existing land forms on this site, you really have
to look to see any boulders. He stated the criteria for the board to consider for
granting this type of approval are specific. Klein noted 5 conditions of approval
with the second as the most reasonable to afford relief because the bJilding site
cannot store the dirt. He said the unnecessary hardship would have to transport
the material to the dump (putting more traffic on the roads, from a public interest
and putting more burden on the county landfill as well as the cost to the applicant).
He said the only reason not to store the fill on the "no problem" property would be
the visual impact on the neighbors. He wanted the board to decide the reasonable
solution and they have only asked for 90 days. Klein thought the rest of the
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BOARD OF ADJUSTMENT
OCTOBER 16, 1997
criteria could be met with the 4 condition with the exception of the relocation of
the fill in the center of the property to minimize disturbance to the property. Klein
wanted condition #1 to include today's date for any damage to King Street.
PUBLIC COMMENT
Bryce Maple, 927 Gibson, stated there was visual impact, an eyesore with rock in
front of her window, and no consideration of the neighbors as to when the trucks
moved the boulders onto the property. She said trucks were moving rocks today
and inquired as to when the 90 days began.
Jim Mickey, 931 Gibson, stated this was a problem (when people do this sort of
thing anywhere) without the common courtesy of contacting neighbors affected by
such activities. He said this applicant also ruined the riverbank by the bridge from
another one of their developments. He said their attitude was to take advantage of
the neighborhood for their development. Mickey stated the neighborhood would
become vocal to prevent what happened to the West End from happening here.
Jeffrey Shoaf, 117 Neale Avenue, noted what Klein said about construction being
stopped when they found out the legal problems, and asked why was there a loader
on the site today pushing rocks around. He thought a stop work order meant stop
work, until this board might have a chance to rule on this dirt storage. Shoaf said
the Winnerman's had a house closer to the construction site, so why wasn't this
dirt stored there. He commented the loaders came with boulders for days, which
shook the earth when dumped on this King Street property. He questioned the
historic grade of the property; the visual impacts are real and the dust problem of
. the construction site. He said why not look at the Riverside construction site
instead of this King Street site for storage. He felt this was inconsiderate on the
part of the Winnermans, not to mention the truck traffic and hazards for children
who rode their bicycles on the "no problem property" prior to these piles of rocks
and dirt. Mickey asked for respect for the neighbors and neighborhood, and noted
the hardship placed on the King Street neighborhood. He asked wheh the 90 days
began, because this construction activity has been going on for at least 3 weeks,
and questioned how much more would be dumped onto this property.
BOARD COMMENT
Ron Erickson asked what financial security has been made to the city to insure the
2
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BOARD OF AD.mSTMENT
OCTOBER 16,1997
conditions are met. Klein said that had to be determined by the board. Sara
Thomas commented that HPC' s main concern was to the structures and did not
make a recommendation to staff for financial bond. Erickson asked about the
neighbors concerns of grade and what happens to the left over dirt after the dirt is
returned to the Riverside property, and there is left over dirt from the excavation.
Thomas stated that the natural grade would be taken into account upon permits
pulled for building on the property, if there is additional build up it will be taken
into account at that time. Erickson asked the amount of dirt on the King Street
property, how high will it be when finished. Carmichael replied that they have
stopped (about 6 or 7 truckloads of dirt, 60 yards, and about that many truckloads
of boulders). Klein said they had no intention of placing any more material on
that property. Erickson asked what was going on today. Carmichael said they
wanted to find out because there were several excavators working in the area and
as far as he knew maybe someone else came in and took some boulders. He said
he was curious about this. Paterson said if no more trucks were dumping any
more rocks, it would probably please the neighbors.
Carmichael said they could probably finish the dirt movement within 3 weeks.
Erickson asked why 90 days was needed if this had been going on since Oct. 3rd
and why was today's date important for condition #3 since no more dirt would be
move onto the property. He said that resolving this might be a problem ifroad
damage had already been done. Rick Head noted that staff had been on a site
visit. Thomas said Jack Reid would make that determination. Klein said he did
not know if there was a determination made to recent damage and wanted to make
a factual benchmark for the date. Erickson said the material was dumped illegally
and if road damage was done it may have happened in those weeks, which may
not be ascertainable, but that fact remained. Thomas reiterated clarification from
Jack Reid might be necessary.
Jim Iglehart noted there were other construction projects in the area, and who
could ascertain which truck damaged the road now or in the future. l:Iead asked if
there was a vehicle to obtain a permit without coming before this Bofu-d. Thomas
answered not for off-site storage.
Iglehart asked how does this board determine a hardship or practical difficulty in
this situation. He said the question remains why is it before this board. Thomas
said becau.se it was off-site storage caused by a construction project.
3
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BOARD OF ADJUSTMENT
OCTOBER 16. 1997
Klein asked the board not to review this as a normal variance but a different
section of the code. Head said the hardship of costing the applicant $10,000 with
the argument of putting more trucks on the highway to transport the dirt, doesn't
seem a hardship to the applicant. Klein stated there was a permit process for the
off-site storage of materials and this board had authority to issues these permits.
Paterson asked for other questions from the board. Iglehart asked the neighbors
(knowing the situation of the dirt having to be moved off the property) what would
be fair, what would make them happy, setting aside the applicant's history, and
move towards how this board could now help the situation. Shoaf said personally
as a realtor in this town, when in doubt "get permission" to do anything. He asked
that people not be a rewarded who do not obtain proper permission to do what
. they did, unless the board grants it to them. Shoaf answered that he would ask for
removal of the material from that site and that they be responsible for restoration,
at whatever the cost. He stated that would be appropriate. Maple said if they get
away with this, they will just run away with it. Mickey said the reason he came to
this hearing was because he felt they would run over them down the road and
would like to protect themselves. He said the dirt and boulders are not the
problem, but the manner in which the applicant did this, reflects their attitude. .
Dan Martineau said from the recommended motion, objectively looking at dust
control and damage needs to be identified clearly in the conditions. He said that
building materials should be changed to rocks and dirt because the neighbors
would be outraged with construction materials of plywood and 2x4's. He said if
he were a neighbor, he probably would be upset also as to how this happened, but
now that it happened, it will be gone in 3 weeks and has to trust Klein that there
was not a better site on the Riverside property for this storage. He said this was a .
neighborhood, but maybe a construction fence should be placed around the dirt
and boulders (which would also deter stealing) to keep kids away from these huge
boulders. He said that this would be a short period of time.
Head stated the neighbors objections are real and now the damage is Jdone, this
needs to be ended. He felt this could have been handled better with respects to the
neighbors and they should have been informed as to what was happening. Head
agreed with Ron's idea on the bond to restore the property to the original way it
was prior to the placement of these materials. .
Erickson commented that landfill is better placed at the dump as landfill rather
4
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BOARD OF AD.mSTMENT
OCTOBER 16, 1997
than old furniture, tires and construction materials, so there is no hardship on that
aspect from the applicant. His concerns were with the neighborhood. He would
like to see a large bond and wished the city could impose penalties while under
notice of violation. Martineau asked the mechanism. Thomas replied the recourse
would be court after the "red tag" was issued.
Paterson asked Worcester the recommended amount of the bond. Worcester
answered the applicant could decide whether it would be a letter of credit or an
escrow account. Thomas said that HPC required a $30,000.00 bond when a
historic structure was moved. Worcester said this was less than a building and
indicated a $5,000.00 bond. He suggested language for conditions included in the
motion. The board discussed these conditions for the motion.
MOTION: Rick Head moved to approve the request to allow for the
temporary off-site storage of rocks and dirt at 930 King Street with
conditions: #1. All rocks and dirt currently in place shall be stored on
the property to minimize disturbance of existing vegetation and ensure
the historic buildings will not be damaged and no additional fill and/or
material shall be located on the property. #2. Any necessary fugitive
dust control measures will occur at the expense of the Applicant. #3.
Any damage caused to King Street by the actions of the Applicant will
be repaired at the expense ofthe Applicant after today's date, October
16,1997. #4. Construction activity will be limited to the hours of9 a.m.
to 5 p.m. Monday through Friday. #5. Applicant shall place a security
construction fence around the rocks and dirt while the fill is in place.
#6. The Applicant shall post a bond or financial security of $5,000.00 to
the satisfaction of the city attorney to assure the site returned to
original condition no later than December 15, 1997. #7. The neighbors
present will be notified by the contractor 2 days prior to removal of all
the materials. Dan Martineau second. APPROVED 5-0.
'e Lothian, Deputy City Clerk
5
OCT-I2J'7-1997 13: 15 FROM r:lSPEN/PITKIN COM DE'J
TO
9-9201853 P.01
CITY OF ASPEN
BOAlW OF ADfu"STMEN'T
DEVELOPMENT APPLICATION
DATE I C9 - r 193..1 C.'\SEitr q 1-10
APPLIC.-\l'lT N P.:T PAf2.'T"J'oJ~P.S .PHONE_\C1Z0- 185/ .
MAlLING ADDRESS B If P ^ RK AVE.- ~UE .A6PElcN CO 8 lid \
OWNER~P..l PA~t-JE:pc..~r~~Jm0~PHONE 19W- \~.(
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MAILlNG ADDRESS
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LOCATION Of PROP1:il<.TY
Applic:ls1t's Signamre
R:1iA5ONS fOil DVUAL 01' Bt;''U.DtNG PER..~. B.\SED ON THE-
CODE. CBAPTEIl Z4. Al.'i OPINION CONCERi"llNG THIS V ARL\i'lf
PRESENI'ED TO TBE BOARD BY THE ZONING DEPARI'ML'IiT STl
DAnPe&.~t>~
OFFICIAL
DATE OF APPUCAnON
HE..uuNG DATE
NOTICE OF PUBLIC HEARING
CASE #97-10
Before the City of Aspen Board of Adjustment
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
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
cannot 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 Meeting:
Date: October 16, 1997, City Council Meeting Room
Time: -1:00 P.M.
Owner for Variance:
Applicant for Variance:
Name: IV P:J P4rrnet'S, /.,L-C
N P J ,PC! rfner.s/ t-J-C
Address: 317 Par/:... A-venvc:, 115jXh I eAJ. glf.,11
Location or description of properiy:
900 - 910 King Street, Aspen, Colorado 81611
Variances Requested:
To temporary relocate and store fill and construction materials at the vacant lot located at 900 - 910
King Street for a 90 day period.
Will applicant be represented by Couqsel: YES: NO: X
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson,. Chairman
"
c2/Uj<!'~et/
NPJ PARTNERS, LLC
317 PARK AVENUE
ASPEN, CO 81611
970-920-1851
October 7, 1997.
City Board of Adjustment
The purpose of this variance is to request the storage of fill-dirt and
boulders for no more than 90 days from October 3rd, 1997. The material will be
used to complete the back-fill of the foundation at 570 and 580 S Riverside
Avenue. The boulders will be used for retaining walls. The old buildings on the
site will not be harmed and no additional material will be placed within 10 feet of
these structures.
Signed and Acknowledged:
Lawrence J Winn
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