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HomeMy WebLinkAboutminutes.boa.19861211 CITY OF ASPEN BOARD OF ADJUSTMENT DECEMBER 11, 1986 City Council Chambers 4:00 P.M. A G E N D A I . MINUTES November 20 , 1986 II . NEW BUSINESS Case #86-24 / Hotel Jerome Case #86-26 / Nitze III . ELECTION OF OFFICERS IV. ADJOURNMENT r RECORD OF PROCEEDINGS REGULAR MEETING BOARD OF ADJUSTMENT DECEMBER 11.1986 Chairman Remo Lavagnino called the meeting to order at 4: 05 p.m. with everyone in attendance. Rick Head then left because of illness. Minutes of the meeting of November 20 , 1986 were approved with corrections. CASE #86-24 / HOTEL JEROME Variance requested: Section 24-3 .7 (c) Fences, hedges or walls shall be permitted providing they shall not exceed six (6) feet above grade. Perry Harvey, representative for the Hotel Jerome , oriented everyone via the map of the situation of the Hotel Jerome as concerns this variance. He said this property has two unique and unusual circumstances about it. The first being the alley which enters from Monarch and dead ends into the property. The second is the rise and fall of the land itself within these property lines. What they are asking to do is to keep the top of the fence level regardless of variations in the ground. There are two difficulties they are trying to avoid by asking for this variance. He said they could step down this fence every time the ground dropped and keep it at 6 ' . But in discussing this with the insurance and with the hotel consultants, the pool is considered an attractive nuisance and the only spot we have a security problem for the hotel. And if fencing is provided as designed and the security at other points as we have done it then we don't have to do any further fencing around the pool. Then in terms of hotel guests the fence would screen the trash area, and cut down on the noise from deliveries to Carl 's. It would also cut down on trash removal noise as well as unsightly trash in the alley. They have already talked with Bill Dunaway who has the building next to where the fence would go and he is amenable to the fence and understands the reasoning for it. Remo questioned whether there was a need for a 9 ' fence and why they feel that 9 ' is needed. No one is going to jump the fence between the Aspen Times Building and the Jerome property. Perry said the reason they want to start at the height at the Aspen Times Building is because it is not a very attractive or well maintained building. 1 Francis Whitaker said that the desire of the hotel to keep an optically level fence line does not show a hardship argument. It is possible to build a fence on a slope--not step it down. It is possible to run it on a slant, maintain the 6 ' level and do it that way without the stepping down. Remo said that the applicant stated he had a security problem and the visual impact of having an alley confronting him which ordinarily people wouldn't have. They are abutting an alley in a configuration that allows him a unique situation. Francis stated the reason you get to 914" is that you start at an arbitrary point on Main Street and want to come back and maintain that level. Perry reminded the board of the fact that the Aspen Times Building has built right up to his property line and there is not the normal 5 ' setback is the reason we feel the need to screen that building. If we had a 5 ' setback , it could be recessed enough so that we would not have a problem and we could then bring that fence down. Also there is such a dramatic slope, it wouldn 't work just to slope the fence, that it would have to be stepped. If the property were gradually sloped all the way from the front we would be in an entirely different situation. Ron Erickson asked if the trash and delivery was for the hotel. Perry said "no" . Ron then asked if there were no exits from the hotel grounds onto the alley at all. Perry said there is one gate in this fence which is an emergency exit and corresponds to the emergency stairway and strictly a fire exit and will be kept locked from the outside. Ron then asked if there would be lighting in that area. Perry said he had not seen the lighting plans because they had not been finalized. For security reasons a light may be put in that alley. There will be internal lighting. There is very little activity which goes on in this portion of the hotel. After discussion regarding the rise and fall of the property,Jos- ephine Mann then concluded that the distance from Main street almost back to the alley the fence as proposed would be under 6 ' . And then suddenly for that last 25 ' or 30 ' coming down and then going west the fence would get higher and higher until it reached 9' Remo said that other than the security why could the fence not be dropped at that point and then have a fence that does not step down any more. And then still be at a much lower level than the 2 9.4 feet arrived at . Francis said the situation as he sees it now the fence from Main Street back to the edge of the pool area is immaterial because it is not a security problem at all . Perry said their concern on the alley comes from the security concern of the insurance and the hotel consultants because we have an alley that dead ends in here which provides a dark and attractive access. Francis asked if they could talk with the city and get some adequate lighting there. Perry said they had just taken the poles down in response to their PUD agreement to underground. Their concern is for the security of the property and we have this alley that juts in there that we are trying to secure the property from. Francis said they could put lighting right on top of the fence. From a point of view of mischief or thievery a dead end like that is most unattractive because they have no way of getting out. Anne pointed out they could get out at Main Street. Perry pointed out the reason they were here is based on what they received from the hotel consultant and the security people from the insurance company. The project manager said we want to run this fence at maximum height. So from the front we want to take it back so that when we get back to where we suffer this change in topography we can maintain a high security factor. Annne asked if an 8 ' fence satisfy the need. Perry said he thought it would. And if he could talk with the others about doing a notch in the fence before we get to the end of the Times Building so that it is not accessible, then run an 8 ' maximum height on it, that might work. They asked to run it clean along the top. Remo said then start at 2 ' on Main Street and it would be attrac- tive -and you would stay within code. Perry agreed but said a 6 ' fence in terms of security in not the answer. Remo then pointed out that Perry said 9 ' was excessive so perhaps an 8 ' would, how about a 7 ' . Remo then said we have to make a decision based on the information the applicant is providing. 3 Ron said the applicant was basing his application on a hardship of security. Perry said the only thing they could do is to table his application to the next meeting and give him a chance to talk to the insurance people and the hotel consultants and see what their minimum security is. Francis said if they are talking about security and you are going to have a fence go from 7 '4" to 914" it seemed to him if you need the height for security you ought to maintain the same height and not go from a lower level to a higher level. If 7 ' 4" gives you security then you don't need 914" . Anne said their point is that he can't step it down. Two of the board members said he could. Perry said he could but the insurance people are against that because of security reasons. Remo said if it is an insurance problem that is what we need to know. Paul Taddune brought in a report on what HPC had done on this application to be added to the record and asked the applicant if he was going to ask for a continuance. Remo asked if there were any further questions from the board members. There were none. Remo then asked if anyone from the audience had any questions or comments regarding this case. There were none. Taddune then said the HPC had endorsed this application. He thought that the board ' s concern over granting the minimum variance is valid. Perhaps a continuance is in order. Perry said he would meet with the project manager and go over this. They_ could _also contact the - insurance people and find out what they could do. Remo said he would like to have in writing from the insurance company if the insurance company has a specific height agreement as far as insurance goes. Ron asked if that was legitimate reason to grant the variance. Remo said we don't know. we can't grant or deny him a variance right now without giving him a fair opportunity to present his case to us. 4 Ron commented that the Fir trees on the west side of the property and how were the affected or impacted by any fencing at all. Perry said they wouldn 't be. They are next to the Times Building ad prior to this drop in elevation of the property. Remo then read into the record a memorandum from Steve Burstein of the Planning Office as follows : On November 25 , 1986 the Historic Preservation Committee approved a request to place a fence along the east end and north side of the alley protruding into the Hotel Jerome property, the fence was to vary in height from 6 feet to not more than 10 feet. HPC found that the fence would have no adverse effect on the historic character of the Jerome, and would be compatible with the architecture of the existing hotel and the addition. This memorandum is written at the request of HPC in support of the -Hotel Jerome- request -for a variance. Jim Fields asked if there is a minimum height. He was informed that 6 ' is the maximum height. Francis suggested that if there was going to be a continuance that the applicant come in with what the insurance company considers the minimum height for security and that they also consider maintaining that height all along instead of a 2 ' height increase. If you need 9 ' for security and you have one section that is 714" then you are defeating your purpose. He would also suggest that the applicant investigate the possibility of light- ing. Remo then asked for comment from the members to give him an idea of how the board members felt. Charlie said based on what the applicant had presented, gave him enough information to make a determination. There is obviously a problem with the alley. 6 ' can be scaled very easily and that 8 or 9 ' makes a lot of sense. If this was obstructing traffic and we had a problem with a fence, he would look at this completely differently but since it is a dead end place and it has absolutely no public impact from the outside--I am talking about what the public impact is and that is what we are trying to supposedly protect by granting or not granting a variance--if this is a 10 ' fence it doesn't make any difference whether its 10 ' or 7 ' as far as the public is concerned. How often have you been in that alley since you have lived here for the last 20 years. The only point I want to make is is that this is a unique area and it is boxed in by garbage cans and everything else. There is no reason except somebody who wants to gain entrance into this property to be back here or emptying the garbage . Therefor I don't have a feeling that we are protecting the public by saying you can't have a 9 ' fence, it should only be 7 ' . 5 Remo said it could be 12 ' too then. And Charlie agreed. Remo asked Charlie if he did not think that we have an obligation to grant a minimal variance to this. Charlie said not in this case. In this case the applicant has a very good idea what is necessary. I think they are asking something minimal for their requirements. Ron Erickson said he would not be in favor of making a decision tonight. He would like the applicant to show a clear hardship. The insurance thing may help because that is something he could tie it to. For safety purposes he could see granting a variance if he had some reason for that. Josephine Mann said the security of the problem is important and that the height of a 6 ' fence does not suit. She would feel more comfortable with an 8 ' fence. It ' s not a very long distance back there. It is back there in the alley. It ' s 50 ' back there going east and west and I don 't think a 9 ' fence back there would bother me either. I would like it to be secure and as minimal as possible, therefore I am glad are going to get more information. Anne Austin said she felt there was a need for security. She did not feel that we would be impacting the public by being back in this alley. She said she would be willing to grant a variance for 8 ' or whatever is necessary to have it a secure place. Francis said he felt that if an 8 ' fence is something that is needed--he would agree that there is grounds for perhaps an increased height--that it should be maintained at 8 ' all the way along. If 9 ' 4" is what you need then why place a 7 ' 4" , then you are not solving the problem. Remo said he had nothing more to add to what had been said except that he needed that information before he would make a favorable determination in granting this variance. Perry said he was curious with what Ron said that he did not see a hardship. Your bylaws talk about a practical difficulty or unnecessary hardship. We have shown a practical difficulty having this alley intrude into the property where we have this L- shaped piece of property and also the difficulty of the drop off in the terrain. Ron said the practical difficulty has to be something beyond your control. Perry said that certainly the topography of the land and the fact that the alley is there are not within our control. Remo said that the applicant has a valid and unique situation. 6 Perry said the concern is strictly the security and when you step • fence it provides an easier way of getting over. Further being • dead end alley there is a tremendous amount of snow buildup. It is not plowed out--certainly the Aspen Times does not shovel it. This could reach an effective height of 3 ' . Ron said that is a consideration. Perry requested a continuance to the meeting of January 8, 1987. Anne Austin made a motion to continue this case 86-24 to the Meeting of January 8, 1987. This was seconded by Francis with all in favor. CASE #86-26 / NITZE Variance requested : Property is located in the R-6 zoning category. Sec 24-3 .4 . Height is 25 ft. Rear yard setback is 15 ft. Applicant appears to be requesting a height variance to increase the rear yard encroachment. Jim Field, representative for Nitze, showing scale models of the existing condition as the house is now and a model of the proposal where the back of the house will be adding a third floor. He said what they were proposing is less of an impact than what could happen by following the code. Remo said then you are actually lowering the height from a situation that would allow you to go higher if you had a lower eave. Field said yes (by following the code) the massing of the house would be a lot more impacted than what we propose. He said it is a two story house and they want to add a third floor. They could add the third floor with approximately the same square footage and arrive at a higher solution than what we are proposing but doesn ' t come within the legal height limits with the splitting the eave at the mid point and reaching the 30 ' height. The actual square footage is approximately the same either way. By using this proposal we would be using part of he existing roof line. We are "popping out the third level bedroom". Anne asked how the height limit was arrived at. Ron explained that it has to do with the mid point of the roof line as compared with the length of the eaves. There is a quirk in the code by which if you build an A-frame 60 ' wide and it goes 40 ' high, you are not over the code. Field said there was another portion to this problem which he was not familiar with and had not been able to contact his client to 7 verify this. There was to have been a trade off of open space in reference to the lot size they were going to dedicate. Field said the setback problem in connection of the encroachment of the garage is going to be taken care of either by a property exchange and is not to be considered in this application. Remo asked if this addition on the house does not encroach in that setback. Field said no it does not, that the garage right now is not in the building plan. Remo said this addition of the top floor does not encroach into that setback. Field said no it does not, there is no setback encroachment. Francis then asked about the roof overhang. Anne asked if that was in the setback. Remo asked where was the original encroachment. Field said there was an encroachment problem with the garage. But the client is going through a different route by trying to buy a piece of property from the neighbors or there might be some kind of emmanent domain or whatever that the fence has been there for so many years. Remo asked if this is a new garage they are building. Field said this would be a new garage. Francis said he thought consideration should be given the overhang that it exceeds the amount that is allowed by the code. Remo said only if the Building Department determined that a variance is needed for it and we don't have that. We are not granting him a variance for an overhang. Ron said the application is for a rear yard setback. After discussion regarding rear and side yard setback and roof overhangs Field said they could eliminate the overhang. Ron said we grant the height variance here and don't grant the rear yard setback variance. Remo then opened the public hearing. 8 Harry Uhlfelder, a neighbor, said he felt this is going to impact us from the viewpoint of the view. In the last ten year the view problem has been given much less attention than it should have been. We started out 20 years ago as a rural community. We treasured the view, we treasured the authenticity, and now everybody builds to the hilt. I feel that the height limit is being exceeded I am totally against it. If it impacts our view I protest it. I don't understand all the technicalities. Remo said then we should go through it again in more detail so that they do understand it. It was explained then that the addition was a half story. It was then shown to the Uhlfelders on the drawings what the Nitzes were allowed to build without coming before the board, and they could build more by staying legal than what they are proposing. Technically the applicant is asking an excess in the height limit. But by so doing is adding much less mass than if he were to legally follow the code. The Uhlfelders then said they understood what the applicant was doing and were very happy with it. Remo asked if the board had any other questions. Francis asked if the applicant had proof of unnecessary hardship, practical difficulty and the rest of the criteria. Remo said we are getting into that same dry area again as to----- We have to go back to what is the intent of the ordinance. If getting less of an impact of bulk is the reason for the historical legislation and if we are minimizing that then I think we have done our job. It doesn ' t have to go to those four criteria. Ron said if the code is forcing us to maximize bulk in a situation where they don't want bulk then that is an unnecessary hardship. Remo said that eventually we have to use reasonable common sense and come up with whether a person is going to get something more than he deserves as the code is written. This applicant is presenting to us a reasonable alternative to some quirk in the code that does not allow this more minimal solution. Francis said philosophically he does not favor a person coming in and saying "I don't want to build this but I can" and use that as a threat to say give me a variance for less. Remo and Ron said they did not see this as a threat. Field said as a matter of fact the Building Department had pointed this out to them. And that was how they got here in the 9 first place. Francis said there is a legal alternative. Remo said the purpose of the ordinance is to minimize bulk. And if this application is minimizing bulk then why should we be so rigid and stick to the code and thereby defeat the purpose for being here. Charlie made a motion to grant the variance as submitted on page 5 of the elevation plans dated 9/29/86 . This was seconded by Josephine. Francis said we normally grant a variance in specific numbers of square feet and inches. Remo said the Building Department had not specified this so we do not have the information to assign this. Ron said he did not feel it was fair to the applicant to reject it because of this. Charlie added to the motion that shows a peak at 3 ' above the 25 ' line. Remo said we should also put in that we denying any rear yard setbacks. Charlie then added to his motion that we are denying rear yard setback. Roll call vote was taken with Anne Austin, Josephine Mann, Charlie Paterson and Remo Lavagnino in favor and Francis Whitaker against. ELECTION OF OFFICERS Remo informed the board we have to elect a chairman and vice chairman. And that our bylaws are being looked at by Erin Hazen to see about updating since they are so antiquated. I am taking it upon myself to have this election because it was like when our terms expired nobody said anything and we are in an illegal situation. So once a year in the first week in December, because our bylaws don't address it either, we should have an election of officers. Ron asked that since he and Anne Austin are alternate members so they could not run for office , however they can vote for officers? Remo then opened for nominations for chairman. Charlie nominated Remo and Francis seconded this. Ron moved that nominations be closed with all in favor. All voted in favor of the nomination. 10 Remo thanked all for their vote of confidence. Ron then nominated Charlie for vice chairman. Remo seconded the motion. Remo asked if there were any other nominations for vice chairman. There were none. Francis moved that nominations be closed. Ron Seconded this. All voted in favor. Ron said that perhaps in the new bylaws attendance should be important criteria for membership on the board. And to mention that Rick Head was here tonight. There was discussion regarding attendance of meetings on board. Meeting was then adjourned. (71 CJ-- Ja e M. Car fey City eputy Clerk c 11