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HomeMy WebLinkAboutminutes.council.19871019Special Meeting Aspen City Council October 19, 1987 RESOLUTION #26, SERIES OF 1987 - Calling Special Election 1 BUILDING PERMITS MORATORIUM EXEMPTION 3 9 cial- M~e~ina Aspen City Council -~ ~_October 19, 1987 Mayor Stirling called the special meeting to order at 3:10 p.m. with Councilmembers Tuite, Gassman, Fallin and Isaac present. RESOLU~i`If1N #26, SERIES OF X9-87 - Calling Special Election City Attorney Taddune told Council there is new legislation called "truth in taxation", which requires a public hearing in anticipation of any increase above 5.5 percent. Taddune said staff has had some discussions whether this would be recommended to Council. Taddune said this requires 30 days, and would give the city the ability to establish an increased mill levy and forward that information on to the county assessor. Taddune said this has to be done by December 15th. Taddune said the Charter requires that a special election be called on 60 days notice. Taddune said he generally takes the position that the local Charter provisions control because Aspen is a home rule munici- pality. Taddune said if Council follows the conservative position and has an election in December, it will be too late to readjust the assessment role. Taddune said the most prudent thing may be to try to get a reading from the electors at some other time and readjust the mill levy next year. Taddune pointed out the truth in taxation legislation only talks about increasing the mill levy; it does not talk about decreasing the mill levy. Taddune said the reason staff discussed taking this issue to the electorate is that the question submitted to the electors was specific, and Council will not know whether the electors want to keep it at that level without getting feedback. Mayor Stirling said Council has 3 choices; one, to leave it as it is; two, take the 30 day one time notice to allow a variation on the Charter requirement and have a special election. The third alternative is to leave the mill levy as it is with the intention of having an election when there is time. Taddune said another alternative is to unilaterally adjust the mill levy downward without an election. Taddune said staff took the position originally it was not necessary to have an election to increase the mill levy and was an advisory election. Bil Dunaway said the city has traditionally been lacking in funds to improve the streets. Council has seldom found funds to fix the streets up. Dunaway said no one is pressuring the Council to do anything about the 1.5 mill levy. Dunaway said it would be prudent to leave the mill levy as is and get the streets back in shape. Councilman Tuite said when people voted the 1.5 serial tax levy, it has a different meaning than 3.0 effect of the re- evaluation. Jon Busch encouraged Council to leave the mill levy alone. Busch said the city has a report on what that money will be used for. Busch said Lake avenue is not on this list anywhere and does need a lot of work to make it convenient for pedestrians 1 S~e~~l -meeting Aspe-n ~City~ Caunc-ii -October i-9 -197 to walk to the concerts. Busch said there is no shortage of roads that are not in need of that extra money. Councilman Isaac suggested Council have a public hearing and not spend the money required for a special election. Councilman Isaac said Council could let the community know about this issue through public notices and a hearing. Councilman Isaac said the streets need fixing, and this is generating money needed to fix the streets. Councilwoman Fallin said with a special election right before Christmas there may not be a good turn out. Councilwoman Fallin said there would be a better turn out and the ability to hear more what the citizens want in a public hearing. Councilman Tuite said another option is not to have a special election during December. If there is opposition to the tax, the city can cut short the 5 year serial tax levy to 4 years. Brooke Peterson agreed Council would get more input from a public hearing. Cindy Shafer, finance director, told Council the state is requiring if the city has a special election they have it before December 15th. This will necessitate a 30 day election notice. Taddune said the truth in taxation legislation applies only to an increase in taxes. City Manager Bob Anderson reminded Council the city received a lot of criticism last year for holding the public hearing on the lodge improvement district during the Christmas holidays. Councilman Isaac moved to hold a public hearing at the November 9, 1987, regular Council meeting; seconded by Councilw oma n Fallin. Mayor Stirling said he prefers to have a special election before December 15th. Mayor Stirling said this is a conservative interpretation but would be the prudent thing to do. Mayor Stirling said no one intended for the tax to be more than what it was to generate in 1986. Mayor Stirling said it is the Council's obligation to take this issue to the electorate. Councilman Isaac said if Council receives a lot of opposition at the public hearing, Council can unilaterally lower the tax. Councilman Gassman agreed this increase is not very much money. Councilman Gassman said in the past the city ha s had too many elections. Councilman Gassman said, however, he feels this is a de facto tax increase and does not feel comfortable about it without giving the electorate a chance to vote on it. Councilmember Fallin and Isaac in favor; Councilmembers T uite, Gassman and Mayor Stirling opposed. Motion NOT carried. Mayor Stirling moved to use the one time opportunity that the state is allowing and hold a election before but not later than 2 Spe-eia-1---Meet-ina __ _ __ ~spe-~rr -Cit~r--Council--_ _--._ ._ __.__Oc~ober-19, 1--987 December 15, 1987, and ask the people whether or not to take the mill levy back to a level to be calculated by the f finance director to generate the same amount of revenues; seconded by Councilman Gassman. Busch said he hopes Council would make a special effort to get the pro and con of this issue before the voters. All in favor, with the exception of Councilmembers Isaac and Fallin. Motion carried. BttIi,D3NG - PERMITS --MOB-A~~3~1~--~XE~BT•i~N City Attorney Taddune said this has been added to the agenda because a number of projects in the building approval process did not fall within Council's concerns. Taddune said he requested the building department to make an analysis of all applications pending and will make a recommendation on each of them. Mayor Stirling said Resolution #25 and Ordinance #48, 1987, were passed at the last Council meeting. Attached to the ordinance was an exhibit which proposed some reduction to the sliding scale of floor area ratios to a level originally recommended by staff in 1982. Mayor Stirling said the building department has compiled a list of pending applications to determine whether they violate the spirit of what Council is trying to accomplish in this moratorium. Jim Wilson, building department, said 314 West Gillespie involves a small addition and there is no effect on the FAR. It is entirely interior work. Council was in favor of exempting 314 West Gillespie. 232 West Bleeker is a residential addition with quite a bit of interior remodel work. The exterior expansion is fairly minor. This is a 9,000 square foot lot. The allowable FAR is 4,080 under the proposed regulation the FAR is 3660. The applicants are proposing 3190 square foot FAR. The lot coverage is 26.2 percent. Bill Drueding, building department, pointed out with a two story structure, the percentage of lot coverage will be smaller. Councilman Tuite said lot coverage in exhibit A is one of his major problems. Wilson said they do not have a definition for lot coverage and are assuming it is the footprint of the structure. Wilson said 411 North street is a residential addition. The lot size is 5172 square feet and would allow 3008 square feet under the current regulations The applicants are proposing 3008 square feet. Because this is a smaller lot, the FAR regulation are not changing. 3 Spe-ci al---i~-e-et~g---------_._ .._~~e n _ f; i-t~r.---~o unc i l ---_ _ -_._ __Oct o-b-ter - 1 ~ : -1-9 87 Councilwoman Fallin said she has conflicts on 3 of the 17 proposed exemptions. Taddune said Councilwoman Fallin is not precluded from the general discussion, just the specific applica- tions. Councilwoman Fallin left the room due to conflict of interest. John Palmer, building department, told Council the lot coverage is all the structure on the lot excluding decks. Alan Richman, planning director, said this number should include decks. All of Council, except Councilman Gassman were in favor of exempting 232 West Bleeker. Councilman Gassman said on a 9,000 square foot lot, the proposed site coverage is 22.5 percent and the house at 232 West Bleeker is 26.2 percent. Mayor Stirling also voted against this. Motion NOT carried. Brooke Peterson, representing the applicant, said there is something unfair about the application of a percentage that has not been debated to people who are left with stripped shells of their houses having already received excavation and demolition permits and now cannot close in for the winter. Peterson said his client's building application was completed and waiting a final plans check. Peterson said Council should look at whether a hardship will be placed on people because they are already in the process. Drueding said this is a minor addition to an existing house; most of the work is interior remodel. The additional remodel is only 194 square f eet and is already over the proposed maximum site coverage. Councilman Gassman said he would change his vote as this is already in process and also is already over the proposed lot coverage. Councilman Tuite moved to reconsider the motion on 232 West Bleeker, Tita; seconded by Councilman Isaac. All in favor, motion carried. Councilman Isaac moved to exempt 232 West Bleeker; seconded by Councilman Tuite. All in favor, with the exception of Mayor Stirling. Motion carried. Bill Drueding told Council at 411 North street, the existing FAR was 2439; they are adding a residential addition of 569 square feet to take up to the allowable FAR of 3008 on a 5172 square foot lot. Drueding said the FAR is under the proposed FAR and the 3 5 percent 1 of coverage is over the proposal . Councilman Tuite said some of these houses are far along on their remodel. Councilman Tuite said he is not prepared because of proposed lot coverage to hurt people financially when they have gone ahead in good faith and built to a certain stage. Drueding told Council this house has demolition, excavation and foundation permit. Gideon Kaufman said this applicant has a house framed in with no 4 Spe~~-i-a-1-- Nbe-eting----- --________Aspe-rr- Cty-~-C-ourrci-l- _ _.__.__ _.._-_f?~tobe~r__._19._ _i 987 roof. Kaufman said morally and legally the city has no right to stop someone this far along in the process. Councilman Isaac moved to exempt 411 North street; seconded by Councilman Tuite. All in favor, motion carried. Drueding said 334 West Hopkins has received a demolition permit; they are adding 1700 square feet. The allowable FAR as well as the new FAR is 3240 square feet. The FAR for this project is 3070. The lot coverage is 45 percent. Councilman Isaac moved to exempt 334 West Hopkins; seconded by Councilman Tuite. All in favor, motion carried. Mayor Stirling said even if these structures are over on the lot coverage, Council should not be punitive. Drueding said 212 West Francis is a residential remodel doing interior remodel. Mayor Stirling moved to exempt 212 West Francis; seconded by Councilman Gassman. All in favor, motion carried. Drueding told Council 822 West Smuggler is an existing duplex on a 9,000 square foot lot. This is a 400 square foot addition over an existing garage. This applicant received a Board of Adjust- ment variance to build this addition because it encroaches in the setback. Councilman Isaac moved to exempt 822 West Smuggler; seconded by Councilman Tuite. All in favor, motion carried. Drueding said 235 West Hopkins is a 300 square foot addition which would bring the FAR to 4266; the new allowable will be 4,080. Drueding said no permits have been issued. Councilman Isaac moved to exempt 235 West Hopkins; seconded by Councilman Tuite. Councilmembers Isaac and Tuite in favor; Councilman Gassman and Mayor Stirling opposed. Motion NOT carried. Drueding said 129 West Bleeker the allowable FAR would be 2820 and the proposed building would be 700 square feet below that. Councilman Tuite moved to exempt 129 West Bleeker; seconded by Councilman Isaac. All in favor, motion carried. Drueding told Council 513 West Bleeker is a historic building which has received a demolition permit for work. Councilman Tuite moved to exempt 513 West Bleeker; seconded by Councilman Isaac. All in favor, motion carried. 5 ~-- ------_____ -s.pen-_._~it~-_Courrc~.-_____ - -- ___ -__0-ctotr~r _ -9~ 1987 Sp~ci a~ -~Me-~t-' A Drueding said 309 North Street is the addition of a new spa. Councilman Tuite moved to exempt 309 North Street; seconded by Councilman Isaac. All in favor, motion carried. Councilman Tuite moved to exempt 517 North street; seconded by Councilman Isaac. All in favor, motion carried. Mayor Stirling moved to exempt 308 West Hopkins f or an interior remodel; seconded by Councilman Tuite. All in favor, motion carried. Drueding said 701 West Francis is a small addition, which will bring the building up to the maximum FAR of both new allowable and proposed. Councilman Tuite moved to exempt 701 West Francis; seconded by Councilman Isaac. Bob Ritchie told Council he has letters of support from his neighbors f or this remodel. All in f avor, motion carried. Drueding told Council 320 West Bleeker is a request to enclose an existing carport, which are exempt from FARs. The applicant has received a variance. Councilman Isaac moved to exempt 320 West Bleeker; seconded by Councilman Tuite. All in favor, motion carried. Drueding said 420 North street is an 18,627 square f oot lot with 3454 square feet on the lot. The applicants want to add 1500 square feet. They will be over the proposed FAR. Drueding told Council there have not been any permits issued on this. Bruce Sutherland pointed out the lot coverage with the addition is only 13.67 percent The bulk of the expansion is all at the rear of the lot and the impact will be negligible. Councilman Isaac moved to exempt 420 North street; seconded by Councilman Tuite. Councilmembers Isaac and Tuite in favor; Councilman Gassman and Mayor Stirling opposed. Motion NOT carried. Drueding said 717, 721 West Francis is currently 3 small houses that have been condominiumized. The applicants will reduce the non-conformity and convert this to a duplex. The FAR for a duplex is 4500, which they have applied f or. This would not qualify under the new, proposed FAR. Drueding said the permit application was received last week. Ted Guy, architect, said the addition is predominantly a one-story link between the existing house at the alley and on the east. Guy said he has tried to do a lot with the architecture to reduce the bulk and the massive street profile. Guy said the schematic design drawings were approved in September. 6 Spec i-a-i--M-e~t-i-rru - --- -- -------- l~spe-n- ~-itv -e QUn c~-1--- - - __ _ _...- -___ .. _@ct o~b e r_ 1 ~ ~ .. _1..9.8.7 Councilman Isaac moved to exempt 717, 721 West Francis; seconded by Councilman Tuite. Councilmembers Isaac and Tuite in favor; Councilman Gassman and Mayor Stirling opposed. Motion NOT carried. Drueding told Council 802 Roaring Fork is a new single family house and he is not sure of the proposed FAR. No permits have been issued. Councilman Isaac moved to exempt 802 Roaring Fork; seconded by Councilman Tuite. Councilmembers Tuite and Isaac in favor; Councilman Gassman and Mayor Stirling opposed. Motion NOT carried. Drueding t old Council 120 West Francis is redoing the heating system. Councilman Tuite moved to exempt 120 West Francis; seconded by Councilman Isaac. All in favor, motion carried. Councilman Isaac said Council is denying 3 applications on the grounds of a new FAR, which is just being discussed at P & Z. These have not been approved or adopted. P & Z may come up with something totally different. Ted Guy said he would like to be able to make a presentation based on the merits of the project that has been designed. Guy said he feels his project is a good project for the neighborhood, and Council is denying these on numerical analysis. Guy told Council these people have spent money on legal and architectural fees to get to the point where one can apply for a building permit. Bruce Sutherland, 420 North, pointed out this lot is more than twice as large as any other lot being considered and is far less in lot coverage than any other project. Councilman Isaac asked if these actions are defensible. City Attorney Taddune said the difficulty is in establishing standards f or pending applications within or outside regulations. Taddune said this is a unique procedure. Councilwoman Fallin returned to Council Chambers. Taddune recommended Council change the language in the resolution to say this administrative delay may be lifted by motion of Council. Mayor Stirling moved to amend Resolution #25 to add a new section stating, "This administrative delay may be lifted by majority vote of the City Council, either generally or specifically, with respect to individual applications upon a f finding by the City Council that the application presented is not within the spirit and intent of this administrative delay as reflected by the proposed amendments, and that approval will not result in a negative impact"; seconded by Councilman Gassman. All in favor, with the exception of Councilmembers Fallin and Isaac. Motion carried. Mayor Stirling moved to add a new section 4 to Resolution #25 7 Spe-cr~~-~e-e-t--rrct----------------~s~e-n---~ztv --Cournc-~t-- ---_ _ _ _ --- f?ct-ob~r_-__~ g-. __1-g87 giving the building department the authority to exempt when any proposals are below both the proposed FAR and lot coverage; seconded by Councilman Gassman. All in favor, with the exception of Councilwoman Fallin. Motion carried. Taddune asked Council about the 4 applications that were denied to be able to come in and make an appeal. Councilman Isaac moved to accept individual appeals of the 4 that were not exempted on October 26th; seconded by Councilman Tuite. Councilman Gassman said this procedure gets Council in the position of being a design committee. Councilman Gassman said the appropriate place to make that appeal is with the P & Z who are formulating the new regulations. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Mayo r Stirling moved to adjourn the meeting at 4 : 30 p. m. ; seconded by Councilwoman Fallin. All in favor, motion carried. __.:.~c~L--- Kathryn Koch, City C1 erk 8