HomeMy WebLinkAboutminutes.council.19680122730
Sp_~cial Meeting Aspen City Council and Planning & Zoning January 22, 1968
Meeting was called to order by,Mayor Pro ~Tem Kuster.at 4:45 p.m.:with.the following
present:
Councilman Carl Bergman
Councilman John Benninghoff
Councilman Clyde Clymer
Administrato~ Leon Wurl
City.Attorney '%Tam" Scott
Planning & Zoning Members:
Vice Chairman Francis Whitaker
George Heneghan
Sam Lum
Building Inspector Marvin Reynolds
City Engineer Roger Mahnke
Mayor Pro TemKuster reported the meeting had been called by Council due to confusion
relating to recentactions by the Planning and Zoning Commission.
C-1ADistrict - Council questioned why the Planning and Zoning Commission changed C-lA Disrrict
their mind on the District at the time the ordinance was up for second reading.
Francis Whitaker stated the basis for approval in the beginning was that their was no
adequate C-2 zone in the City because the North Side Annexation had been thrown
out. The 4 members who signed the letter felt that since the North Side Annexation
had gone through for the second time and the proposed C~2District would be in the
City, they would like time to consider the additional land involved.
Council reported the ordinance had not been read for the second time but was being
sent back to the Planning and Zoning and Jerry Brown for further study and recommend-
ation.
Administrator Wurl reported that Jerry Brown had recommended this area earlier as to
the best location for a C-iA District. His main reason for this was he did not feel
the C-2 District was a desirable location for gas stations. Administrator Wurl also
reported he personally feels it is bad policy for the Commission not to meet as a
group when a decision of this~sort is made. The Commission should have called a spec
ial meeting, then processed the letter and sent it officially to the City Council.
Council was unprepared for the change of mind that the Planning and Zoning made.
Planning and Zoning members reported there was no meeting pinned for the Commission
prior to second reading of the ordinance by Council and that they were quite
surprised Council had taken action on a C-lA District after the North Side Annexation
went through. Letter only requested action be delayed untilfurther study could be
made including the land that would be in the City.
Discussed remodeling of gas stations as relates to the duties of the Board of Sd. of Adj.
Adjustment.
Attorney Scott stated most lawyers tend to equate variances with unusual topography
or something that has to do with the shape, size or condition of land. I am not
so sure I agree with that, I am not so sure the,Board ofAdjustment dosen't have
the power to go a little bit beyond that. If you consider hardship under the zoning
with respect ot the way the zoning has progressed since the ordinance was passed
or something along those lines. Not positive what my opinion is but think there is
a possibility that a variance could be justified, of.course~ it is up to the Board
of Adjustment as a board to,decide for themselves. In our code the~grounds for a
variance can be construed in a very general way. Personally I believe in just
the way the code reads. "The Board has the power to vary or.modify the application
of these regulations."
Mayor Pro Tem Kuster stated another area where theme is~a problem is that of having F. Whitaker serv-
one person serving both on the Planning and Zoning and the Board of Adjustment. ing on P&Z & Bd.
of Adj.
Administrator Wurl stated applicants do not feel they are getting a fair shake when
they come before the Planning and Zoning and are turned down, so appeal to the
Board of Adjustment and a member there is voting on something which was previously
turned down by the Planning and Zoning. Bomrd of Adjustment should be independent.
731
.......... ~ial Meeting Aspen City Council & Planning & Zoning January 22, 1968
· person serving o~ - Attorney Scott reported the Statutes sta~ a per.son may or may not serve on both boards.
P&Z & Bd. of Ad~
Mr. Whitaker stated he felt this has come up because of personal reasons on the part
of one of the Council who is not present. The Board of Adjustment makes many decisions
which do not pertain to zoning, therefore, have not previously come before the Planning
and Zoning. Feels having a liaison member from the Planning and Zoning to the Board
of Adjustment is just as important as having a Councilman serving on the Planning and
Zoning.
Administrator Wurl explained if a person sits on the Planning and Zoning and opposed
the granting of a permit, he will have formed an opinion which would tend to influence
his decision on the Board of Adjustment. Feels the Board of Adjustment should be
aware of their own responsibilities and duties and should find out for themselves,
should not need someone to tell them. Mr. Wurl suggested having a Board of Adjustment
member attend the Planning and Zoning meetings, but not as a voting member.
Marvin Reynolds suggested having someone from the Planning and Zoning attend the Board
of Adjustment meetings, not a voting member, but to advise the Board of previous
decision.
Councilman Clymer suggested the Board of~Adjustment review the minutes pertaining to
the subject in question, which would not tend to influence anyone.
letter without Administrator Wurl reported that a dim view was taken of the letter relating on
authorization Matthew Drug which was sent to the City Attorney by 4 members of the Cormnission. Mr.
Wurl stated if the Planning and go~iBg has a problem with the enforcement arm of the
City, he should be contacted and then .if nothing is done they should contact the Counci~i.
Mr. Whitaker stated the Planning and Zoning can file a complaint and can notify the
City Attorney of the problems.
Attorney Scott stated the proper way is go send a letter to Administrator Wurl and
the Building Inspector with a copy to the City Attorney. The portion of the letter
requesting action was out of line.
Francis Whitaker reported he felt the Council was not paying too much attention to the
Master Pla~ Master Plan. Statutes require that any park, open space, etc, should be reviewed
by the Planning and Zoning and this has not been done. Surprised the Council spent
$2000 on a park~study and part of this has already been done in the Master Plan and
Jerry Brown is b~ing paid to do this.
Park Study Administrator Wurl stated he did not think that anything that will be done on the study
' had been done by Jerry Brown or that Jerry Brown would want to do it. Do not know
what the Planning and Zoning could offer in addition to what these people have offered
to do. They will tell us how and where to put a golf course, etc. Do not feel that
just because it is in the Master Plan we are going to adopt it. It is.just a recommend-
ation, it does not tell you how it is going to be financed. Plan for Bavaria Park
needs to be enlarged upon and these are the things they are going to do. In all
honesty do not think I would have asked Jerry Brown to do this. Do not feel Jerry
Brown can delve into these problems as wellas these people can. The money for this
study was placed in the budgeT and the budget hearing was held last September and the
Pitkin County Park Association was invited to make recommendations but they never
showed up. So some of their ideas are not reflected in the budget.
quorum P & Z Discussed the number required for a quorum on the Planning and Zoning Commission.
Planning and Zoning to make a recommendation to Council.
Mayor Pro Tem Kuster thanked the Planning and Zoning members for meeting with the
Council. No further comments.
Councilman Bergman made a m~ion to adjourn at 5:40 p.m~, seconded by Councilman Clymer.
Ail in favor, meeting adjourned.
Lorrazne Graves, City Clerk