HomeMy WebLinkAboutagenda.drac.19970522AGENDA
DESIGN REVIEW APPEALS COMMITTEE
May 22, 1997
4:00 p.m.
Thursday
Special Meeting
City Council Chambers, City Hall
4:00 I. Roll Call
II. Minutes
III. Comments (Committee members, Staff and Public)
4:05 III. New Business
A. 935 Gibson Avenue - Mr. & Mrs. Tom Lewis
waiver from design review standard to allow for
construction of a garage addition. I~
(continued from 5/8/97) CO^11~1J-~ ~ ~
4:30 B. Lot # 10 SilverLode Subdivision -Fuchs
Residence -waiver from garage standard j~~~~
5:00 VI. Worksession -Aspen Country Inn
5:30 VII. Worksession -Ordinance 30
Adjourn
w
MEMORANDUM
TO: Design Review Appeal Committee
THRU: Stan Clauson, Community Development DirectoE
• Julie Ann Woods, Community Development Deputy Director ~
FROM: Saza Thomas, Zoning Enforcement Officer
DATE: May 1, 1997
RE: 935 Gibson Avenue -Appeal from Design Standazds
SUMMARY: The applicant requests a waiver of the Ordinance #30 standard related to
the gazage setback requirement.
APPLICANT: Mr. and Mrs. Tom Lewis, represented by David Panico
LOCATION: 935 Gibson Avenue
ZONING: R15-A
PROJECT REVIEW PROCESS AND STAFF EVALUATION
I. Background - The applicant is proposing to add a two caz gazage with a loft
bedroom to an existing residence. The parcel is bisected by the 60' wide Gibson Avenue
right of way, which creates a triangulaz shaped building envelope. The applicant
requested, and received, a front yazd setback variance from the Boazd of Adjustment for
the gazage addition. The setback variance was necessary as the Aspen Municipal Land
Use Code stipulates that all necessary setbacks be measured from the right-of--way line.
The vaziance granted allowed fora 7 Foot setback, rather than the 25 foot setback required
in the zone district.
II. Site Description -The proposed project is located on a flat lot which is bisected
by Gibson Avenue. The site is heavily treed with 12-15 mature conifers which shield the
residence from the street.
III. Waiver Requested
Standard: All portions of a gazage, carport or storage azea pazallel to the street
shall be recessed behind the front facade a minimum often (10) feet.
IV. Staff Evaluation -The Committee may grant an exception to the design
standards if the project as proposed is found to meet one of the following criteria: ~,
a). yields greater compliance with the goals of the Aspen Area Community Plan;
Staff response: The project does not further any goals of the AACP.
b) more effectively addresses the issue or problem a given standazd or provision
responds to; or
Staff response: The waiver request does not address this criteria.
c) be cleazly necessary for reason of fairness related to unusual site specific
constraints.
Staff response: Given the constraints placed on the building lot, due to the
presence of the 60 foot right of way and the location of the existing structure, there
appeazs to be no location on the site which would enable the applicant to construct a
gazage which is recessed 10' behind the front facade of the structure. In addition, the site
is well hidden from the road by the presence of a number of very lazge spruce trees,
which will certainly minimize the impact of the gazage addition on the surrounding
neighborhood and streetscape. The gazage is also designed so that the entry will be
perpendicular to the street, minimizing the impacts as well. '~`"^
Recommendation: Staff recommends approval of granting the waiver from
the design review standards to allow for construction of a garage addition.
Recommended Motion: " I move to approve the waiver from the design
review standard which requires that all portions of a garage be recessed 10'
behind the front facade of a building, to allow for construction of a garage
addition at the residence located at 935 Gibson Avenue, finding that review
criteria "c" has been [pet."
ATTACHMENT1
LAND USE APPLICATION FORM
1. Project name_
2. Project location
LEWI6 RESIDENCE
{indicate street address, lot and block number or me#es and bounds description)
3. Present zoning
iZ • ISA,
4. Lot size 22 O 13
5. Applicant's name, address and phone number MR 6.M25"rDP4 L,EWIS
32Ca WHRENep,D 5T• Y-1=Y W~T~fL. 3pFj •2q2~ 5~2
6. Representative's name, address, and phone number _
1533 -~ut~ltPEP f-ItL.L RD. ASPEN LO. 910
7. Type of application {check all that apply):
Conditional Use
Special Review
_ 8040 Greenline
Stream Margin
Subdivision
GMQS allotment
_ mew Pfane
Lot Split(Lot Line
Adjustment
Conceptual SPA ~,
_ Final SPA _
Conceptual PUD r
_ Final PUD _
Text/Map Amend.
GMQS exemption
Condominiumization K
,YtD PAiVI
Conceptual HPC
Final HPC
RAinor HPC
Relocation HPC
Historic Landmark
Demo/Partial Demo
Design Review
Appeal Committee
8. Description of existing uses (number and type of existing structures,
approximate sq. ft., number of bedrooms, any previous approvals granted to the
property) EXISTING DuPuE~C `ro L?E coKVetzTED't0 .A SINGLE
9. Description of development application A
OF PDPEfL W rT~.i Wo2D~ ,M1D 1JUMgE~2`.
10. Have you completed and attached the following?
X Attachment 1-Land use application form
X Response to Attachment 2
.~ Response to Attachment 3
~Y
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BOX F-3 ASPEN COLORADO 81G12 PHONE 970 923 5394 FAX 970 923 12G0
THE 2~UILDING ENVEL.o~E, oND 1.(O Fb~IBILrT`/OF t61TIGNiNI-I
A 231 BY7A•I Ga.p.L`GE IN ~GL OF, C2 T~Ti-1.E 51CE QFI T7••~E
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IT l5 T~lE FE2~ELT" EM80®lrnENr bF Ty,E TAM" M>.'fr!
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DCG-LSE T~4~ E-~IVD V~lem NG , IMF( ~t NTE~ BLFJ~J• uP. ~
BOX F-3 ASPEN COLORADO 81612 PHONE 970 923 5394 FAX 970 923 1260
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ti3b3060 : 1.'C~9,'~3 1%-.: 1B Ric E1%'. i~<~ gr,_ 730 PG f3
O 'a~ =iv_a ~Dav~is, F'.L;~;n (Jr.ty Cier~., DoC 99.}'9
z
~ ` (~ GENERAL WARRAEdTY DEED
a '
~~ i
M MICHAEL MLR^.,AN and ?IIRIAl: EL!dORE HARTHILL, whose address
:~ ~ is 3949 Austin Rcad, Brawley, California 92227, for Ten Dollars
i ~ x$10.00} and other good and valuable consideration, in hand paid,
~- hereby sails and conveys to THOMP.S E. Lt'WIS, whose address is P. O.
.` Box 5442, Key West, Florida 33045, the following real property in
the County of Pitkin and States of Colorado, to-wit:
Parcel No. 1
A parcel of land si-tuated in the Southwest one-quarter of
the Southeast one-guar*_er of Section 7, Township 10
South, Range 84 West of the 6th P.M., described as
follows:
'~~ Beginning at a point or. line 9-10 of Tract A of Aspen
~~ Townsite Addition whence Corner No. 11 of said Tract A
+'b bears South 7a°21`12^ West 82.40 feet and whence the
~'- center one-guarder of sz~id Section 7 bears North
O8°06'04" West 2042.78 feat; thence South 23°44'00" East
~~, 80.31 feet; then.^.~= 68.93 feet along the arc of a curve to
~ the right having a radius of 355.57 feet, the chord of
w..*.ich curse bears North 44°39'04" G~iest 58.82 feet; thence
North 34°47'43" 5'aat 35.27 feet to the point of beginning
~ Parcel No. 2
~ '~ A parcel e£ land situated in the Southwest one-quarter of
~~, the Southeast one-quarter of Section 7, Townshig 10
South, Range 84 west of the 6th P.M., described as
.z~ follows:
H "-v beginning at a point on line 9-10 of Tract A of Aspen
'~ " ~,: _„ Townsite Addition extended Southwesterly whence Corner
~' No. it of said Tract A bears North 23°13'37" West 68.49
o F~' quarter of section 7 bears
y, ~ feet and whence the center one-
" North OS°20.34° West 2113.57 feet; thence 192.39 feat
W G along the arc of a curve to the right having a radius of
~ ~ 245.57 feet, the chord of which curve bears South
36°33'25" East 189.01 feet; thence North 66°00'00" Weat
= 182.41 feet; thance North 34°47.43" East 95.07 fast to
the point of beginning
County of Pitkin,
State of Colorado,
with a street address of: 435 Gibson P_venue, Aspen, Colorado
81611,
with all its appurtenances and WARRANTS the title to the same,
~,, SUBJECT T4: taxes not yet due and payable for the year of closing;
any tax, special assessment, charge or lien imposed for water or
sewer service, or for any other special taxing district; right of
1
L
J
~..
r
#7h:_tO6ii 11!n9/9~ 16E 16 ~ftrc 81i~. uu &h+ 730 Fla 9
Si:via Davis, EitF::in Cnty Clerk, Doc 3,~.19,7C,
way for ditches or canals constructed by the authority of the
United States as reserved in Patent recorded in Book 185 at Page
69; reserration of all right, title and interest in and to said
property located at a depth below five hundred feet (500') beneath
the surface and includinq those portions of any and all veins,
lodes or ledges which occur below such depth as well ae the
downward or lateral extension thereof-from below such depth, the
tops or apexes of whirlh veins, lodes or ledges lie inside the
surface boundary 11.e4>!~ l~s said properties, as reserved in Deed
recorded December 26, 1967, in Etaok 231 at Page 612; and access and
utility easement on the Eastezly End of Parcel No. 1 as set forth
in Deed recorded August 26, 1973, in Book 279 at Page 10.
SIGNED this d~'day of October, 2993.
''~4' ~~ 'l 1 ~ - ,~~-~. ~///,)G rt c'c Era. f ~7'./tL'/. /
_ L
MICHAEL MORGAN '~ MM AiAM ELMORE TRILL ~
STATE OF
Ss.
COt7NTY OF )
The fcregoirq General Warranty Deed was acknowledged and
signed before me this __ day of October, 1993, by MICHAEL MORGAN.
,~
State of ../ t~ln[
County o ~ -_ }
Onif/ehr' ~.'l7G'j before ~e, ~~,ti>:- ~~_'~,np~ NBi~iY,
IOATEj : s-.1 (NAME,l:T',.E Gf OFFICER.tE.. 7ANE DOEr.~N,OtAR~PUaLICy
perscral!y appeared _!='.~~?.~~ ~~~~'f~~_~ -_/7//~/~~
(NAME(S'I GF SIGNEPjS))
personally known to me • OR -
-M..w...~my..ei
~~~: Sfnl
s + .2 irMctit3` ' ~ $AArY'+1
1; ; ~ Mn;lRV Pf. •~'.C _f7A1_IP(1RNIA )
r I+AW6PAi OfF1CE ~x
1 y~
, y~Y~' IMDERU~,^•OJHT'
.r c~wl.a E.a•o• JAN. 1, ! 994 _,,
"_ prayed to me on "a basis of satisfactory evidence
to be the person(s) whose name(s) islare sub-
scribed tc the within instrument antl acknowledged
[o me that he/she/they executed the same in
nis;her/their authorized capacity(ies), and that by
his/her/their signature(s) on the Instrument the
person(s}, or the entity upon behalf of which the
pJrson(s) acted, executed the instrup+P1)t.
Witness mv~tand and official.e4~al
0
CAPACITY ClAihiED 8Y SIGNER(S)
2~ INOIVIOUAt.(S)
G CORPORATE ___-__._
OFFICER(S)
^ PARTNER(S) cmLEtsu
^ ATTORNEY IN FACT
^ TRUSTEE(S)
^ GUARDIAN(CONSERVATOF
^ OTHER: __._.__----- ._. ..--
SIGNER IS REPRESENTING:
(NAME Of PERS]N(ry OR ENTOYgES`)
ATTENTION NQTAAy: The information regeas,a~ BEIOw +s OPfi~NAl. It coultl, ^owever. pteveM freuGMl9nl 9ttBChment of this eerUflcate to any unauthori;ed Cot.
TNI$ CERTIFICATE
MUST 6E ATTACHED
TO TNEGCCUMENT
GESCA!BED AT ftlsriNT
Title or Type of Document ~G~-c'~'~-LPG lrJsq .~'~`~~ ~ ~~_.
Number of Pages ~-- Date of Docu ent ~~ 9-~
Sinner(s) Other Tt;an Named Above ~~
d-29-1997 10~06At.1 FROtt LE`,+IS PROPERTIES IN 305 367 d3d5 P.2
THOMAS E. LEWIIS
326 WHITEHEAD STREET
KEY WEST, FL 33040
PHONE: (305J 292-5091
FAX: (305) 296-5092
April 29, 1997
Julie Ann Foods
Deputy Director
City Planning 3c Zoning
Aspen,Titkin Community De~•c-lopment
130 $. Galena St.
Aspen, CO 81611-1975
Dear GIs. Woods:
1, Tom Le«~is of 326 Whitehead Streit, ICey Nest, FL authorize Da~•id Panico of 1533
Juniper Hill Rd., aspen, CO (Phone 9'0-923-5394) to represent me before the Design
Review Appeal Committee in its rz~~iew o£ a proposed garage addition to my- residence at
935 Gibson o-1ve., Aspen, CO.
Should any- further authorization or clarification be needed, please do not hesitate to
contact me.
Sincerely,
~~~rn~ ~
Thomas E. Lewis
~~~~.
TELipa
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MEMORANDUM
TO: Design Review Appeal Committee
I
THRU: Stan Clauson, Community Development Directo~
Julie Ann Woods, Deputy Director _
FROM: ChristopherBendon,Planner ~~n'~A^
VYYYV'
RE: Fuchs Residence
Silverlode Subdivision Lot #10
DATE: May 14, 1997
SUMMARY:
The applicants, Ricki and Peter Fuchs, aze requesting a waiver of the Residential
Design Standard concerning gazages for Lot #10 of the Silverlode Subdivision.
Waiving this gazage standazd will allow the Fuchs to push their gazage forwazd of
the main facade and use a smaller retaining wall.
Staff recommends granting this variance, with conditions.
APPLICANT:
Ricki and Peter Fuchs. Represented by Richard Klein, Architect.
LOCATION:
Silverlode Subdivision Lot #10.
ZONING:
AHl-PUD. Free-Mazket Residential portion of subdivision.
LOT SIZE:
.418 acres = 18,186 Square feet.
FAR:
80% of FAR = 3,442 square feet, pursuant to subdivision approvals. Applicant is
also requesting an increase to 90% FAR (3,872 squaze feet) through 8040
Greenline Review with the Planning and Zoning Commission.
CURRENT LAND USE:
Vacant.
PROPOSED LAND USE:
Single Family Free-Market Residence.
PREVIOUS ACTION:
DRAC has not previously considered this case.
REVIEW PROCEDURE:
DRAC may grant relief from the Residential Design Standazds if the vaziance is
found to be:
a) in greater compliance with the goals of the AACP; or,
b) amore effective method of addressing standard in question; or,
c) cleazly necessary for reasons of fairness related to unusual site
specific constraints.
All hearings aze public heazings open to the public. Applicants aze required to
post the property at least five (5) days in advance.
BACKGROUND:
This lot is one of the free-market lots created by the Silverlode Subdivision, a
private sector affordable housing project. The Land use approvals for the
subdivision exempt development from those Residential Design Standazds
affecting FAR calculations.
o.,,
The applicant is also requesting to increase the allowable squaze footage on the
site from 80% FAR to 90% FAR through Special Review with the Planning and
Zoning Commission, and realigning the entrance to the property through an '~`'`
insubstantial plat amendment approval, . _.
h'INANCIAL IMPLICATIONS:
There are no discernible public costs associated with this request.
STAFF COMMENTS:
The applicant's proposed development is not in compliance with the following
Residential Design Standard:
26.58.040(A)(3) For single family homes and duplexes with attached
garages or carports, the garage must be set back at least ten (10) feet
further from the street than the house.
In response to the review criteria for a DRAC variance, Staff makes the following
findings:
a) in greater compliance with the goals of the AACP; or,
Staff Finding;
The proposed vaziance is not in greater compliance with the goals of the
Community Plan.
b) amore effective method of addressing standard in question; or,
Staff Findine:
2
The proposed variance is not a more effective method of addressing the garage
standazd.
c) clearly necessary for reasons of fairness related to unusual site
specific constraints.
Staff Finding;
This property is a difficult property to access with a caz due to the steep terrain,
building envelope designation, and predetermined access point. The proposed
variance allows the applicant to retain the slope with a 6 foot boulder wall. To
meet the gazage standazds and applicable standards for driveway grades, this
retaining wall would need to be approximately 12 to 14 feet high and constructed
with concrete. Aesthetically, this variance allowing the garage to jut forward
from the house, would be an improvement over the massive concrete retaining
wall.
Also important in this consideration is the limited view of the gazage from the
street due to slopes within the front setback. The primary view of the garage will
be from the driveway when entering the parcel. The standazd would limit the
presence of a gazage door from this view but would result in a large concrete wall.
The variance would increase the presence of the gazage door, but will allow for a
smaller, boulder retaining wall.
RECOMMENDATION:
Staff recommends DRAC grant a variance of Residential Design Standazd
26.58.040(A)(3) addressing gazages for the subject property, Lot #10 Silverlode
Subdivision, with the following conditions:
1. To the extent practical, the applicant shall construct retaining walls with
boulders, or other natural materials, and minimize the extent of concrete
facing.
2. As proposed, the applicant's development proposal is subject to 8040
Greenline review and approval by the Planning and Zoning Commission
and an insubstantial Plat Amendment approval by the Community
Development Director as required in the Municipal Code. In no way shall
this approval imply approval of any other required approval.
3. All material representations made by the applicant in the application and
during public meetings with the Aspen Planning and Zoning Commission
shall be adhered to and considered conditions of approval, unless otherwise
amended by other conditions.
RECOMMENDED MOTION:
"I move to grant a waiver of the Residential Design Standazd 26.58.040(A)(3)
regarding gazages, finding that the variance is clearly necessary for reasons of
3
fairness related to unusual site constraints for the Fuchs Property, Lot #10 of the '"""
Silverlode Subdivision, with the conditions listed in the Staff memo dated May ,,
14, 1997."
ATTACHMENTS:
Exhibit A -Application
,~.,~
4
ATTACNMENT1
LAND USE APPLICATION FORM
1. Project name P u c r 5 iz- E S t D E N c E
2. Project location LoT I~ Cltt-VERLoPE SuBPIVISIDN
AS PE-N co °01(°11
(indicate street address, lot and block number or metes and bounds description)
3. Present zoning
AH
4. Lot size .4 I °o
I i t $ co s>st . F~ .
5. Applicant's name, address and phone number RISK t ANV P rsZ 5-R FucNS
2S n°yN'rA1N 'Tl~-P11_ S1'PNFo-io cT. ofoMo~ 2•~s '32°1• ~l°bCv
6. Representative's name, address, and phone number ~t.ICN•RD Kl.etu ~ ,a RcNnE~'r
P ,o. 'ba l( 1z,~ ASPEN C° 4,t 1o12. .I've 12°• 1'I S'z
7. Type of application (check all that apply):
_ Conditional Use
Special Review
8040 Greenline
_ Stream Margin
_ Subdivision
_ GMQS allotment
_ vew Plane
Lot Split/Lot Line
Adjustment
Conceptual SPA _
_ Final SPA _
_ Conceptual PUD _
_ Final PUD _
_ Text/Map Amend.
_ GMQS exemption _
Condominiumization X
?< I"IIN•(t P~9 /AMEND.
pC
Conceptual HPC
Final HPC
Minor HPC
Relocation HPC
Historic Landmark
Demo/Partial Demo
Design Review
Appeal Committee
8. Description of existing uses (number and type of existing structures,
approximate sq. ft., number of bedrooms, any previous approvals granted to the
property) £xlszlNw IZIE;SIDi~NTI.1.. L~r
I'Re PeS~D ~LESIb E.NCfc. OF tl- {a fsPROe MS
}PPRox . .s,6 0o st4 • FT. (cr+P-
9. Description of development application i' R~P°s ~~ P+_sl ~eN
Leo 1.VZ1.•N ~7°LS F+ct Le ePZE !q l.~CpfL '~{t
o~vtNtiuctc. No• ~° -`~T~-.~D~atLa~ ,
'D. R A. c . RE.v I>:w 1S iz'6bt° t CiEP
10. Have you completed and attached the following?
X Attachment 1-Land use application form
x Response to Attachment 2
x Response to Attachment 3
b . '~ l_ s'-L(' /vVl -pR,~ ~ E w a ~( ~.,o u T 1 o t~ JS Fv E. '1-4~`{ IM ~A cZ,~
S l'f f~, 'Pl'e (eS k.N P~v ~weY tp GDT~eN F1lNlN~+L G.S It1 j'OC?
-C• SINE.. jKIN•~ ~~b ~1.Anr..N$, SICpN OAF ~~ullZrt_D
May 8, 1997
Attachment 1.9b discussion
The platted realignment of the driveway for Lot 10 of the Silverlode Subdivision
as shown in the Banner Engineering firm submittal to the City of Aspen
Engineering Department does not correctly illustrate the impact this driveway
alignment has on the site.
With further study in larger scale, it is illustrated that this alignment actually
requires a cut bank of 12 ft. in the Pedestrian Access and Utility Easement as
wmpared to a cut bank of only half that, 6 ft. in the proposed new driveway
alignment as illustrated by the proposed site plan.
The proposed realignment of the driveway as illustrated by the proposed site
plan impacts the site to a much lesser degree and is a better design solution to
vehicle access to the building envelope.
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ATTACHMENT2
GENERAL SUBMISSION REQUIREMENTS
All development applications must include the following information:
The applicant's name, address, and telephone number, contained within a
letter signed by the applicant stating the name, address, and telephone
number of any representative authorized to act on behalf of the applicant.
2. The street address and legal description of the parcel on which the
development is proposed to occur.
3. A disclosure of ownership of the parcel on which the development is
proposed to occur, consisting of a current certificate from a title insurance
company, or attorney licensed to practice in the State of Colorado, listing the
names of all owners of the~operty, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the development review.
4. An 8 1/2" x11" vicinity map locating the subject parcel within the City of
Aspen.
X38 f1R'r '9i lt~~~ RfJDEFSEN COF~'+ULTING G7;'1 438~_i81?.
City of Aspen May 8, 1997
Aspen
Colorado
P.:
I hereby authorize Richard Klein of Anderson, Klein Architects and Designers to
represent me in discussions regarding our property at Silveriode in Aspen
i..
;~
i `v(,
!'i~4 ~l.~.c ~ ~lll~ ~7
City of Aspen
Aspen
Colorado
Applicant:
Ricki and Peter Fuchs
25 Mountain Trail
Stanford CT 06903
(203)329-9086
Representative:
Richard Klein, Architect
Anderson Klein Architecture interiors
P. O. Box 737
Aspen CO 81612
(970)920-1752
May 8, 1997
May 8, 1997
Attachment 2.2 response
Lot 10 silverlode Subdivision, Aspen CO 81611
street address not determined yet
LAW OFFICES
FREILICH, MYLER, LEITNER & CARLISLE
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
IN COLORADO 106 SOUTH S11LL STREET. SUITE 202
-- - DAVID I. MYLER. PC. ASPEN. COLORAD081611
TELEPHONE
& MICHAEL HOFFMAN (9]0) 920-1018
ALAN E. SCHWARTZ FACSIMILE
OP COUNSEL (970) 920-4259
May 8, 1997
Mr. Richard Klein
Anderson -Klein Architectwe Interiors, Ltd.
465 N. Mill Street, #3
Aspen, Colorado 81611
Re: Title to Lot 10, SilverLode Subdivision
Aspen, Colorado (the "Property")
Deaz Mr. Klein:
I respond to yow recent inquiry concerning title to the above-referenced Property as follows. On
January 31, 1997, Peter H. Fuchs and Henricka A. Fuchs, as joint tenants, took title to the Property
as grantees under that certain General Warranty Deed from Williams Ranch Joint Ventwe ("WRJV").
The grant from WRJV was subject to "general taxes and assessments for the year 1997 and
subsequent yeazs, and subject to easements, reservations, restrictions, covenants and rights of way
of record, if any."
The title inswance policy issued to Mr. and Mrs. Fuchs described 24 sepazate exceptions to title,
including the standazd exceptions included in all such pohcies. I have attached a copy of that list to
this correspondence.
I am not awaze of any additional liens, encumbrances or conveyances which have taken place since
January 31, 1997.
Please feel free to contact me if you need additional information concerning the Property.
Sincerely,
FREII,ICH, MYLER, LEITNER & CARLISLE
~G2i~~~
E. Michael Hoffman
IN MISSOURI IN TEXAS IN CALIFORNIA
FREILICH. LEITNER & CARLISLE FREILICH, MORGAN. LEITNER & CARLISLE FREILICH, KAUFMAN. FO% & SOHAGI
KANSAS CITY, MISSOURI DALLAS, TEXAS LOS ANGELES, CALIFORNIA
A L T A C O M M I T M E N.
SCHEDULE B-2
(Exceptions) Our Order ~ Q37i490
The policy or pclicies to be issued will contain, exceptions to the
following unless the same are disposed of to the satisfaction. of
the Company:
1. Standard Exceptions 1 through 5 printed on the cover sheet.
6. Taxes and assessments not yet due or payable and special
assessments not yet certified to the Treasurer's cffice.
7. Any unpaid taxes or assessments against said lard.
8. Liens for unpaid water and sewer charges, i° any.
9. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, ?IRE
PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER
SERVICE OR STREET IMPROVEMENT AREA.
10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
~S RESERVED IN UNITED STATES PATENT RECORDED December 22, 1909, IN BOOK 136
AT PAGE 365, RECORDED MAY 20, 1949 IN BOOK 175 AT PAGE 162, AND RECORDED
DECEMBER 24, 1902 IN BOOK 55 AT PAGE 116.
11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED November 22,
~~// 1910, IN BOOK 136 AT PAGE 373, AND RECORDED DECEMBER 24, 1902 IN BOOK 55 AT
PAGE 116.
12. PERPETUAL RIGHT OF WAY AND EASEMENTS TO EXTEND OR DRIVE LEVELS OR TUNNELS
THROUGH THE SUBJECT PROPERTY AS SET FORTH AND RESERVED IN DEED RECORDED
MARCH 30, 1895 IN BOOK 131 AT PAGE 425.
13. 'P,ERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENT
RECORDED AUGUST 30, 1988 IN BOOK 572 AT FAGE 72.
'_z. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AIQD EASEMENTS AS CONTAINED IN
INSTRUMENTS RECORDED JANUARY 25, 1985 IN BOOK 480 AT PAGE 494 AND RECCRDED
APRIL 2, 1986 IN BOOK 508 AT PAGE 312.
15. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN
ORDINANCE NO. 94-15 RECORDED JUNE 27, 1994 IN BOOK 754 AT PAGE 194, AND
RESOLUTION NO. 94-110 RECORDED SEPTEMBER 9, 1994 IN BOOK 760 AT PAGE 909.
16./EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF
SMUGGLER MINE SUBDIVISION RECORDED MARCH 15, 1995 IN PLAT BOOK 36 AT PAGE
77.
PAGE 4
A L i A C O M M I T M E N T
SCHEDULE B-2
(Exceptions) our Order # 4371490
i7. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN ORDINANCE
O. 07, SERIES OF 1994, RECORDED MARCH 15, 1995 IN BOOK 776 AT PAGE 299 AND
EASEMENT AGREEMENT RECORDED MARCH 15, 1995 IN BOOK 776 AT PAGE 301.
18~RMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN
INSTRUMENT RECORDED March 15, 1995, IN BOOK 776 AT PAGE 307.
19. RESERVATION BY WRIGHT & PREUSCH MINING, LTD., OF ANY AND ALL SL'B-SURFACE
AND MINERAL RIGHTS BELOW 50 FEET BELOW THE SURFACE; HOWEVER, SPECIFICALLY.
~4PZTHOUT ANY ACCOMPANYING RIGHT TO USE OR IN ANY WAY BURDEN THE SURFACE
(/ nSTATE TO OBTAIN AND USE THE BENEFIT OF THE OWNERSHIP CF THE SAME, AS SET
FORTH IN DEED RECORDED MARCH 22, 1995 IN BOOK 776 AT PAGE 880.
20. BASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF
SILVERLODE SUBDIVISION RECORDED MAY 9, 1995 IN PLAT BOOK 37 AT PAGE 3, AND
APPROVAL RECORDED MAY 9, 1995 IN BOOK 780 AT PAGE 368, AND ACKNOWLEDGEMENT
RECORDED MAY 9, 1995 IN BOOK 780 AT PAGE 369.
21.,~ERMS, CONDITIONS AND PROVISIONS OF ANNEXATION AGREEMENT BY AND BETWEEN
WILLIAMS RANCH JOINT VENTURE AND THE CITY OF ASPEN RECORDED May 09, 1995 IN
BOOK 780 AT PAGE 370.
~STRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
~/ CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED May 12, 1995, IN BOOK 780 AT
PAGE 755.
23.~MS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED February
22, 1996 UNDER RECEPTION NO. 390141.
24. TERMS, CONDITIONS,, PROVISIONS, OBLIGATIONS AND EASEMENT AS CONTAINED IN
INSTRUMENT RECORDED AUGUST 12, 1996 AS RECEPTION NO. 395888.
PAGE 5
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ATTACHMENT3
SPECIFIC SUBMISSION REQUIREMENTS
All applications for DRAC review must include the following information:
Neighborhood block plan at 1"=50' (available in the City Engineering
Department). Graphically show the front portions of all existing buildings
on both sides of the block and their setback from the street in feet.
Identify parking and front entry for each building and locate any accessory
dwelling units along the alley. Indicate whether any portions of the
houses immediately adjacent to the subject parcel are one story (only one
Irving level).
2. Site plan at 1"=10'. Show ground floors of all buildings on the subject
parcel, as proposed, and footprints of adjacent buildings for a distance of
100' from the side property lines_ Show topography of the subject site
with 2' contours.
All building elevations, roof and floor plans at 1/8"= 1'0.
4. A graphic verification that the project meets or does not meet the `Primary
Mass" standard.
5. Photographic panorama. Show elevations of all buildings on bath sides of
the block, including present condition of the subject property. Label
photos and mount on a presentation board.
6. A written explanation of the requested variance and a discussion of why a
variance would be appropriate and would not compromise the intended
goals of the "Residential Design Standards." The applicant may provide
any offsetting design features that may mitigate impacts of the variance
requested.
May 8, 1997
Attachment 3.1 response
Neighborhood block plan is not applicable at this time.
Lots 9 and 11 are for sale and are not buit on.
May 8, 1997
Attachment 3.2, 3.3, 3.4,and 3.5 response
Refer to enclosed drawings and illustrations.
May 8, 1997
Attachment 3.6 discussion
The proposed design for Lot 10 at Silverlode Subdivision in Aspen does not
comply with Ordinance No. 30 Section 7-304.1.b.2.c. garage setback from
house.
Ordinance 30 was conceived primarily as a tool to regulate design in the West
End of Aspen. The West End is an established neighborhood with a classic grid
street layout and a minimum of vertical contour movement, a flat neighborhood.
This ordinance has also been applied to all neighborhoods in Aspen but in
actuality, some of the design guidelines need to be modified due to site specific
conditions.
Silverlode Subdivision has a freeform layout relating to an undulating land form
with steep cross slopes.
Due to this varied terrain, the design intent of this project was to minimize the
extent to which the existing site needed to be recontoured to accommodate the
proposed residence. By allowing the garage to extend in front of the residence,
this is accomplished. It also should be pointed out that due to careful design the
proposed garage will be minimally visible to the neighborhood as viewed from
the street below. Also the design intent was to eliminate the need for extensive
bolder retaining as is extensively utilized through out the subdivision, allowing
for more planting to occur.
ATTACHMENT 4
DRAC STANDARDS FOR GRANTING A VARIANCE
The following standards will be used by the Design Review Appeal Board when
granting variances from the "Residential Design Standards." The project as
proposed must be found to meet one of the following:
a) yield greater compliance with the goals of the Aspen Area
Community Plan; or
b) more effectively address the issue or problem a given standard or
provision responds to; or
c) be clearly necessary for reasons of fairness related to unusual site
specific constraints.
May 8, 1997
Attachment 4c response
Please refer to Attachment 3.6 discussion text.
County of Pitkin } ~'FIDAVTT OF NOTICE PURSIJAI~(T
} ss. TO ASPFIY L~~ND USE REGiJL~.TION
State of Colorado } SECTION 26.52.D64 (E~
~ ~ 1 ~ N ~. ~ ~ ~ ~- E I N ~ p- (~- C N l-f r C~' . being or reprGSeadm~g art - - --
Applic~nr to the City of Aspen, personally ~Y that I have complied with the pabliG notice - --
requirements puisuaat to Section ?552.060 (~ of the Aspen Land Use Regalarions in the
following manner.
i
i
1. By mailing of notice, a copy of whica is attached hereto. by first-class. postage
prepaid U.S. _l~Iaii to all owners of property within three hundred 0001 feet
or :he subject propeny, as indicated on the attached list.-on the fay of
,'99_ (whicZ is _ davs prior to he cuDiic :~earinQ date or -~~
?. By postin; a sib in a conspicuous place on the suoiect property ~; as it could be
seen >^rom the nearest public way j and hat the said siEn was posted and visible
continuously from the ~~day or' ~`~ . 199=1 (Must be posted rot
at :east ten ~ ~0) :~uil days berore the ~e:s~na date;. .~ ahcto~*anr? of cite= pcstzd
sib is attacaed zereto.
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