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Home My WebLink Aboutpitkin.eh.264535401001 (1992) Fireplace Variance45 �5f CLEAN AIR _ BOARD- MEETING I ,. TES - M NU DECEMBER 8,- 1992 - - - S Coleman; Allen Adger, Lee: Present: Shellie Roy -Harper, Bob Wade, y Cassin - BobT Wade moved that the minutes from the previous meeting be approved. Sy seconded. All.are_in favor. PUBLIC HEARINGS: - 1. LAUNER FIREPLACE VARIANCE. nted to This item was tabled at the meeting. h d ceivedThe onotdification. be sure that all of the neighbors Staff is recommending approval with the following conditions: a) We must receive proof that the device is being removed and destroyed. The CAB typically imp this kind of condition. b) A reasonable time period be imposed on conversion of the devices. The CAB typically suggests 60 - 90 days. C) That Building Permits be obtained for the work. eive from two Lee stated that we did recnegative t tifelt comments that given the neighbors which -was a conns of the cern, but three conditions location and given the fact that the variance were met by this application, we are recommending approval. Bob Wade made motion to approve with conditions. Allen Adger seconded. All are in favor. Motion passe 2. SNOOK VARIANCE REQUEST This property is located in Owl Creek Ranch outside s tlogs.tStafftro is area. Four devices are being converted to g recommending approval -subject to condition that -new Fireplace _ Permits -and Building Permits be completed. 'and"`that upgrades be completed within 60_days. - the Metro area i, Sy .f elt- it - would be logical, to include this ShellynWould like e density -is sur Area since to increase. ` o include this in the CAB review which will begin in January. e the t di R t A Allen would encourage certified insert in the firebox. Kevin 4 will discuss with applicant. :-Bob Wade made motion to approve with conditions stated above. Allen Adger seconded. All are in favor. Motion passed. A 3. PEAK FIREPLACE:VARIANCE REQUEST Lee stated that there is still one issue to be resolved and that is the request fora gas log fireplace in the Master Bedroom. Building Department does not allow these_ in bedrooms. Chuck Brandt stated that he is receiving mixed Signals regarding the allowance of gas log fireplaces in bedrooms. - Lee recommended conditions as follows: Affidavits from two sellers be received, revise the Fireplace Permit Forms, that Building Permits be obtained and that the conversion be completed within 60 days. Although Lee recommended that the gas log fireplace not be approved for the bedroom, she does not have a problem with that if the Board wants to approve it. The applicant should note that it would be subject to Building Department approval. Bob Wade made motion to approve subject to conditions stated above. Allen Adger seconded and recommended we approve subject to Building Department approval. All are in favor. Motion passed: Discussion on PM10 document included in packet. Shelly felt we should have information items in church bulletins, speak to homeowners associations, Rotary, press releases, etc. That in order to avoid an angry reaction, we need to keep the information in the forefront. Not wait until the ordinance is ready to be acted upon. Lee wants Board to go through document and make sure all the points are covered and that this is what the Board wants to say. Sy is concerned about the words, "the worst levels in the State". He said these words are true only in a very technical and narrow interpretation of the statement. This tends to make people believe that Aspen's air is worse than Denver's on a year-round basis and this is not true. Discussion on wording in 6th paragraph. Lee will rewrite this paragraph. As we have learned with the woodburning regulations, the more information we get to the public the better "sell" we have. It necessary to inform the public to, -change their minds. 4. GENTRY FIREPLACE VARIANCE REQUEST --Applying for a..variance to install' extra devices which are four woodburning fireplaces and -one -gas log. This will bring the total to Five woodburning fireplaces and Two gas logs. = . This house-` is outside---the-,-Aspen Metro.,. area We received comments -from two neighbors, both of whom opposed the request. -`_=4;The:basic-feeling�is that this is excessive-and-theywondered. - __ _ "whysomeone needed seven -.fireplaces in : a house. .And _also felt it -.,was not good for the._environment. Lee said_.that. in. all the history of variances, this is only the third time that we've gotten',a negative comment from a neighbor.. .`All. -materials requiredare included in packet. The.Board has never --granted more -than-one woodburning-fireplace variance -`request. _Environmental Health recommends;, that... if you do grant _- --this request, the usual.-conditions;should...be.imposed. We have =. a --concern-.-: that- this many : "dirty. burners was a problem and might not be consistent with the requirements. -of the variance especially since there is clean burning alternative technology. Shelly opened the meeting for comments from the Board. Allen feels that adverse neighborhood impact is the central issue that the Board is.facing on this application. What will the neighbors be able to see if all of the devices are going at once. What will `Ehe dispersion be for that amount of wood smoke? Lee said that the regulation requires a-3 to 1 offset. The Board has determined in past cases that if one of the devices that is upgraded is in the metro area a 2 to 1 reduction would typically be appropriate for one where they are putting a woodburner in. Kim Weil of Bill Poss & Assoc. addressed the neighborhood issue. He stated that the nearest neighbor is 3/4 of a mile away and that the applicant's property is on top of a ridge. He also said that the neighbors that complained are 1 1/2 .miles away. He also said that there is only one woodburning _fireplace in -a "public" room. Most of them are in bedrooms. The owner does not want gas in the bedrooms. Lot is extremely large, 200 acres plus an additional 200 acres to the north. So in essence, this applicant owns 2 lots (400 acres). Kim stated that each of the fireplaces on their list is from the- City of .Aspen.. Seven of the .people on the list had no -intentionof doing this conversion until he made those calls. an Sy- said that none of the County ordinances anticipated one open-ended, unlimited number of fireplaces in any location. We have a variance process which anticipates the need to solve difficult problems. Clean Air Board's variance process never- anticipated this number of additional fireplaces at a site. _ .-Allen -feels.--that -Snowmass village is closer than the neighbors. It wasstated 600. feet of applicant's boundae was aiesnce it has propertywithin Sy feels this would contribute significantly to the PM10 "=problem.in`"Snowmass Village.during=;an:inversion t - i �Bi114Poss _added -she feels that. this application: is an._incentive = `that`. e get -7something: for, since people in the_City of..Aspen are giving up_their rights*to woodburners. Allen said that it would help;"'the B(bard if applicant's comments could besubstantiatedas regards the neighborhood impact questibn. -He would like to have included,'in.-the minutes- that`research shows that the smoke from these would -disburse = =away=tifrom.=Snowmass Village=or-have-minimum -impact.-.,:He also stated -.that'=since this application-. is.- so unusual., .we::need to _ find- places `where we: can'' benefit__the community- and. - show minimal impact. _ Shellie suggested an insert with catalytic converters or a clean burning woodbox. Lee stated that in order to grant a variance, the Board must make f indings... that there is not a significant_ adverse neighborhood impact, that 3 to 1 reduction is achieved and that there is an overall public benefit. She feels that the third item is the stumbling block to the application. Bob stated he understands the applicant's concern about gas but it doesn't explain why they would rather have a dirty burner rather than a certified one and he would like the architect to pursue that. He felt that at 90% efficiency he can still have something that is attractive, gives heat, is safe in the way that he is concerned and meets some of our needs as well. Lee said that she didn't know if the.Board could approve this variance request today with.the condition that the devices be certified. Then if the applicant came back in a -month, she didnIt-know if the Board could alter -that since the ordinance would not be in effect any longer. Syl would like to table this item to the next meeting and discuss options with Jed Caswell. Lee spoke to Jed. She said'his'answer was very clear. Do. not table this -item, do not -approve with conditions.- Approve it period or -there is no- option for the future. Bob -made a motion to approve the- request with-, the - following -conditions:- - =`-a) -Units being purchased-need-to,be converted within _ 60 days. b) Proof of.conversion must .be provided. --- 1 c) That Building -and -Fireplace Permits -be obtained. nr a qcT� fechs'noti ons a . '"* f ollows- �Thathe�applcantbe Zowe oextaoQdburni:ngfireplaca- ---4 eecered s_e an ori extras as g irepLace-awStrerl Bob,-Shellie and Allen in favor. Sy opposed. Shellie called the question. Lee will get an official votefromLil to make the quorum. Motion Approved. Applicant requested that the conversion condition be changed to 90 days Board voted on this request. All are in Favor. Request - Approved. - ?at pectf lly sub itted, Belfont ironmental ealth LIO Lo -:f T�4ff % . v4A 0 i