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HomeMy WebLinkAboutminutes.boa.19961107BOARD OF ADJUSTMENT NOVEMBER 7, 1996 Charlie Patterson, Chairman, opened the special meeting at 4:10 p.m. Howard DeLuca, Jim Iglehart, Dan Martineau and Ron Erickson were present. Rick Head and David Schott were excused. BOARD AND STAFF COMMENTS Sara Thomas, Staff, reiterated her comments from the 10/16/96 Memo. She stated staff supported granting the variances requested based upon the standards to be reviewed by the board. She said that some of the requests had been modified in the letter from Al Beyer dated 11/05/96. MINUTES MOTION: Dan Martineau moved to accept the minutes from October 24, 1996. Jim Iglehart seconded. ALL IN FAVOR, MOTION PASSED. CONTINUED PUBLIC HEARING: CASE #96-11 1001 E. HYMAN (continued from 10/24/96) Al Beyer, representative for applicant, stated appreciation for the banter and the board opinions. He said the first variance was granted and that he addressed the other three variance requests in his letter dated 11/05/96. Beyer brought the model he made of the project reflecting the changes in the plan from the 10/24/96 meeting. He noted that he tried to reduce the amount requested for each variance. Beyer said he wanted to create a 2,100 sf house that had a good feeling. He stated that they were allowed a 2,400 sf house for this lot size and with the garage they were at about 2,250 sf. He said the owners would get a credit if the garage were turned to the side, but chose to leave the garage where it had been. Beyer stated variance the covered porch on the side reflects the lowered porch, b) lowered floor level in one area and lowered stone wall in the front. He said this gave the porch area a more transparent lighter look and feel. Beyer noted in the end, he was not able to shorten the length because of the entry stair but would keep the dining and kitchen area facing south and looking into the garden. Beyer said the porch in the 4.5 ft. setback would not exceed 150 sf. between the house and the property line along Cleveland Street. 1 BOARD OF ADJUSTMENT NOVEMBER 7, 1996 Howard DeLuca explained to Charlie Patterson (who was not present at the last meeting) that the 4.5 ft. setback did not include the 2.2 ft. setback variance that was granted at the 10/24/96 meeting. He said the setback total was 6.7 ft. Dan Martineau asked if they really needed a 6.7 ft. wide porch. Beyer explained the 1 ft. wide by 4 ft. high wall at the bottom of the boardwalk was just 30 inches above grade. Beyer said that the walkway was 4 ft. and the minimum allowed was 3 ft. DeLuca commented that the walkway was probably less than 4 ft. because the wall was a foot wide so it would be about 42 inches. Martineau said Beyer’s visual display was quite descriptive. Patterson opened the meeting to the public. Geraldine Heyman, Public, said that she liked the model but asked why the entrance was on Cleveland now. Beyer replied from code the Tache’s could choose which yard was the front yard and they chose Hyman. Heyman wrote a letter that was placed into the record. She was confused because Beyer said he was lowering the porch eave height and reducing the amount of excavation. She asked by lowering the porch and raising the ADU couldn’t only midgets live there now. Beyer explained the eave of the porch was originally 9 ft. and now lowered to 7 ft. in that area, therefore only needing a 6 inch variance for excavation. DeLuca stated that Beyer had done a good job changing to the direction the board wanted by lessening the mass and encroachment in the setback. He said personally he thought the whole lot was a hardship. He liked the covered porch and said it was a good idea and design with the drawing reflecting the change going into the record. Martineau liked the attempt to give a better description of what the board was asked to allow but the height could have been given. Iglehart stated approval for the project since the beginning and felt the building next door was the hardship. Patterson felt good about what had been presented and also was for the project. DeLuca asked if the board could wait until Ron Erickson arrived to vote on all three variances. He said that the board needed to vote on all today so that Beyer did not have to keep coming back. Beyer said that would be fair. Patterson opened the public hearing for the 6 inch excavation variance and 10 ft. Beyer commented about the concern for the amount front yard setback on Hyman. of digging and why the ADU entrance was on Hyman Street. He said the original request was to dig up to 5 feet deep and now only for 6 inches. He noted that legally you can dig 30 inches without a permit and by lowering the eave of the porch 2 BOARD OF ADJUSTMENT NOVEMBER 7, 1996 2 feet and raising the ceiling they only have to excavate 3 feet. Beyer said the redesign of the ADU with 3 steps down to the entrance worked better. He commented that having the entrance on Hyman keeps the street side “alive” which was what the Aspen Area Community Plan required and Ordinance 30. DeLuca asked how the height of the house was measured. Thomas stated the natural or finish grade (which ever was more restrictive, in this case finish grade) was measured at the third point of the actual height (23.6 ft.). Heyman questioned the 10 ft. variance setback on Hyman. Beyer stated no variance building setback was requested. Heyman stated their condominium was against the setback because they had a huge front yard and this would change the look of the street. Thomas, Beyer and the Board stated that the house was setback 10 feet. DeLuca reiterated that Beyer minimized everything in this situation and only had to dig 6 inches below the 30 inches allowed(which could be done without a permit). DeLuca said that the ADU entrance looked very good on that side. Erickson commented the applicant responded to the Board’s concerns with the ADU entrance and a minimal variance to go along with it. Martineau agreed with it. Igelhart cited that DeLuca stated it so well that he would accept it. Patterson felt the same and since the building was narrow and to make it higher would be a mistake. He said Beyer had handled the situation very well. . Beyer stated in his letter the Patterson opened the public hearing to item d variance was a hard one to come to grips with. Beyer said the AACP intent was that town would not continue to change. He said that Mark and Christin would have loved to have left Grandma Tache’s house as it was, but it was not big enough and would not provide housing for Michael. Beyer said the house changed but the pannaboat garage remained. He noted they are not changing the use of the site, but there will be an ADU. Beyer stated the parking related to that unit was a separate issue. Martineau inquired if the 2,400 square footage maximum calculation made for this house included the garage. Thomas stated that he would get a 250 sf credit if the garage were accessed off the alley. Erickson asked the definition of a parking space. Thomas said that the code read 8.5 ft. x 18 ft. per space paved or with gravel. They were required to have 2 off street parking spaces. 3 BOARD OF ADJUSTMENT NOVEMBER 7, 1996 Beyer stated that the building permit required an 18 ft. curb cut. He noted that Chuck Roth, Engineering, walked the property with him and the City does not want an encroachment for parking on that city owned land. Heyman said the garage should meet the same requirements as a new home. She asked why tearing down the existing house, building a new larger house and adding an ADU would not change the use of the property and add to the parking problems. She said that forty years ago Grandma did not have three cars and in later years she was house bound with few visitors. Heyman noted for the last ten years she lived next door and only in the last three to four years have there been many more cars. She said that the parking was horrible in that area and in the winter you cannot park on the curb because then it doesn’t get plowed. Beyer said that this alley was not an ideal situation because the building across the alley encroached and made it difficult to turn into their garage entrance. Heyman noted that the building across the alley was clearly in violation but had nothing to do with his situation. Iglehart said there was no problem with the parking or anything else with this project. He stated that the Tache’s have been there for a long time and the monster had really encroached on their life style. He noted the parking problems next door stem from the building next door and the bigger houses all around. Martineau commented the problems had no easy solutions. He said parking was a major problem in that part of town and this board should not be in the business of making it worse. Martineau noted that the parking was not the same as it was forty years ago and that was why the laws changed. He was in favor of off street parking on private property. Erickson supported the City opposition to giving away public access by granting an easement across a public right-of-way. He said the number of bedrooms related to the number of parking spaces was required by law. DeLuca commented that when he made service calls in that area parking was terrible. He said the board should not give the option of a variance and require parking on private property. MOTION: Erickson moved to approve a 4.5 foot side yard set- back variance to allow a one story covered porch between the 4 BOARD OF ADJUSTMENT NOVEMBER 7, 1996 house and the property line along Cleveland Street. This is in addition to the 2.2 foot setback granted on 10/24/96 for a new structure that would continue to maintain the proposed nonconformance. The porch area within the setback shall not exceed 150 square feet and shall not exceed seven feet in height to the bottom of the beam. Martineau seconded. ALL IN FAVOR, MOTION PASSED. MOTION: Erickson moved to approve a 6 inch depth variance for excavation within the 10 foot front yard variance set back on Hyman Avenue with all representations made by the applicant from the record. Martineau seconded. ALL IN FAVOR. MOTION PASSED. MOTION: Erickson moved to approve a parking variance to maintain the current non-conforming existing parking conditions on site until such time that the existing garage is replaced. If the garage is replaced then the parking shall be brought up to current code requirements. 3 AGAINST, 2 IN FAVOR. MOTION DENIED. Meeting adjourned at 5:25p.m. Next regular scheduled meeting is December 12, 1996. Jackie Lothian, Deputy City Clerk BOARD AND STAFF COMMENTS ................................ ................................ ................................ .................. 1 MINUTES ................................ ................................ ................................ ................................ ............................. 1 CASE #96-11 1001 E. HYMAN (CONTINUED FROM 10/24/96) ................................ ................................ ... 1 5