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HomeMy WebLinkAboutminutes.boa.19870108 CITY OF ASPEN BOARD OF ADJUSTNENT JANUARY 8, 1987 City Council Chambers 4:00 P.N. A G E N D A I. MINUTES December 11 , 1986 II. OLD BUSINESS Case #86-24 / Hotel Jerome III. ADJOURNMENT RECORD OF PROCEEDINGS REGULAR MEETING BOARD OF ADJUSTMENT JANUARY 8. 1987 Meeting was called to order by Charlie Paterson with all members in attendance except Remo Lavagnino and Rick Head who were excused. MINUTES OF DECEMBER 11, 1987 MEETING After going through the previous minutes and making corrections, Ron Erickson made a motion to accept the minutes as corrected. The motion was seconded by Francis Whitaker with all in favor. 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 said the board had charged him with coming back with something from the insurance company regarding the fence height that they wanted for security. After talking to the owners of the hotel who said they did not want to go to the insurance people and get a letter because then it would go into the file and if the fence height were denied, then the insurance company would have something in their file to the effect that if anything did happen as a result of that then the insurance company could put it off onto the owner 's of the hotel. The project manager said when he had gone over all this with the insurance company initially, they had said they wanted an 8 ' fence around the alley. That would be between the back of the Aspen Times Building around to the end of the alley. Perry said when we originally talked about it, it ranged up to 914" . We also talked about sloping it or stepping it. They still do not want it stepped. If we can do something that will allow them to do a fence with the highest point at 8 ' giving an inch or two at the sloping and not doing any notching in it, that is what we would like to do. Ron Erickson said there is not a fence right up against the Times Building. There is a space of 3 to 4 feet between the fence and the Times Building. It was his understanding that the new fence line was going to be where the old fence line was and that the applicant said the new fence is going to be right on the property line which now abuts the Times Building. Perry said the Times Building does not have the 5 ' side yard setback. 1 Ron said that brings up his second point which is how high is the fence going to be between Main Street and the end of the Times Building. Perry said they will maintain the 6 ' height which is what they had intended to do along there. Francis asked if you establish the 8 ' at the north corner of the Times Building and then run it level out to Main Street, how high would it be at Main Street? Perry said the elevation at the back of the Times Building is 95.2 and the elevation at Main Street is 97.9. 2 .7 ft is the drop going from Main Street to the end of the Times Building. But almost all of the drop occurs 4 ' before the end of the Times Building. What we would like to do is run the fence so that the top is absolutely straight and never exceed 6 ' until we get to the drop off, and at the drop off point it will go to 81 . At one point where it drops off more, it will be lower so that we don't exceed the 8 ' . Charlie Paterson said he would rather let the applicant go in a straight line where the drop off is. Discussion followed as to the outcome of the fence height if the variance were granted to allow the straight line. It was brought up that this would result in granting a maximum rather than a minimum variance. Perry said if they can do the 8 ' with whatever design solution the builder comes up with pertaining to the slope or a step of an inch or something like that, they could work with that. Charlie then asked if there were any further questions from the board. Francis Whitaker made a motion to grant a variance from the 6 ' fence height limitation along the end of the alley and the length of the alley not to exceed 81 . That would be 28 ' along the north south line at the end of the alley. And then along the east west line of the alley not to exceed 8 ' . That is the northeast corner of the alley. Marks are to be put on the map and the map used as a record. The reference point is the northeast corner of the alley, 28 ' south from that and the full length of the alley going west not to exceed 81 . Josephine Mann seconded the motion. Charlie asked if there were any further questions. Ron said that he thought the applicant did not wanted the fence 2 all the way to Monarch Street--only to where it would meet the building. He said to revise the motion to read west along the alley till it meets the building. Roll call vote is as follows: Anne Austin, aye, Josephine Mann, aye, Charlie Paterson, aye, Francis Whitaker, Aye, Ron Erickson, aye. CASE #86-26 / NITZE Paul Taddune suggested that the letters which had not previously been read into the record regarding the Nitze application be read and ask the members of the board whether or not that information would have altered their decision in granting this variance. The letters read were from Bernice and Loyal Durand, Katherine Thalberg and E. A. Altemus. Josephine Mann said it would be wise for the members of the board whenever they have an opportunity to talk with people from that part of town to tell them some of the details of this case to help them understand. Francis said he thought the problem was houses like the Stallard house which are massive houses. These houses are on a whole block. Ron said those houses are legal under the code. We had one neighbor here for that meeting and that neighbor was against the variance until it was explained to him what it meant. And as soon as he realized what it meant, he was no longer against the variance. He felt that the people whose letters were read would have felt the same way had they been here and understood what was going on. Paul Taddune then told the board he has a memorandum which is intended to update Sandy Stuller 's memorandum. The memorandum will be sent to the board members directly for their inspection. He said he will also refer to the board members a draft of the new language in the code. Charlie then asked for motion to adjourn. Francis made the motion to adjourn. This was seconded by Anne Austin with all in favor. The time was 4 : 40 p.m. 41e L Jan' a M. Ca y, Ci Deputy Clerk 3