HomeMy WebLinkAboutagenda.drac.19980528AGENDA
DESIGN REVIEW APPEALS COMMITTEE
May 28,1998
~~~
Thursday
Special Meeting
City Council Chambers, City Hall
4:00 I. Roll Call
II. Comments (Committee, Staff and Public)
4:05 III. 1240 Riverside Drive
OO Volume Standard -glazing 9'-12' above
floor,
OO Building Orientation parallel to street
~`~oUBD ~¢~o
5:00 IV. Adjourn
MEMORANDUM
TO: The Design Review Appeal Committee
THRU: Stan Clauson, Community Development Director
Julie Ann Woods, Community Development Deputy Director
FROM: Mitch Haas, Planner ~~
RE: 1240 Riverside Drive request for Variances to the "Building Orientation"
(Section 26.58.040(,x)(1)) and "Volume" (Section 26.58.040(F)(12))
provisions of the Residential Design Standards
DATE: May 14, 1998
SUMMARY: Pursuant to Chapter 26.8, Residential Design Standards, Section
26.58.020(B), of the Aspen Municipal Code. "an applicant shall prepare an application for
review and approval by staff. In order to proceed with additional land use reviews or obtain
a Development Order, staff shall find the submitted development application consistent with
the Residential Design Guidelines." This Section goes on to state that "if an application is
found to be inconsistent with any item of the Residential Design Guidelines the applicant
may either amend the application or appeal staff's findings to the Design Review .Appeal
Board (DR.4CJ pursuant to Chapter 36.32. Design Review Appeal Board. "
Community Development Department staff reviewed the application to construct asingle-
family residence on the 1240 Riverside Drive site for compliance with the "Residential
Design Standards," (see Exhibit A). In staffs review, it was determined that the proposed
designs violate both the "Building Orientation" standard and the "Volume" standard. Thus,
the applicant is requesting variances from the "Building Orientation" and "Volume"
standards (described below) in order to allow for approval of the architectural designs as
proposed. See Exhibit A, letter from Gibson-Reno Architects requesting variances from the
requirements of Ordinance 30.
Pursuant to Section 26.22.010 of the code, an appeal for exemption from the Residential
Design Standards may be granted if the exception would: (1) yield greater compliance with
the Aspen Area Community Plan; (2) more effectively address the issue or problem a given
standard or provision responds to; or, (3) be clearly necessary for reasons of fairness related
to unusual site specific constraints.
APPLICANT: August R. Reno of Gibson-Reno Architects.
LOCATION: The site in question is located at 1240 Riverside Drive (Lot 9, Block 1 of the
Riverside Subdivision). The Riverside Subdivision is south of Highway 82 and the Lacet
Subdivision.
STAFF COMMENTS:
Section ?6.~8.040(A)(I), Building Orientation
The "Building Elements" standard mandates that "the orientation of the principal mass oJ~all
buildings must be parallel to the streets they face... On curvilinear streets, the principal
mass of all buildings must be tangent to the midpoint of the arc. " According to the pending
revisions to the Residential Design Standards, the intent of the "Building Orientation"
standard "is to encourage residential buildings that address the street in a manner which
creates a consistent facade line' and defines the public and semi public realms. "
The above described intent of the "Building Orientation" provision explains the issue or
problem to which the standard is a response. Since the proposed design does not yield
greater compliance with the Aspen Area Community Plan, if the requested variance is to be
justified, it would need to be on the grounds that the proposed design is necessary for reasons
of fairness related to unusual site specific constraints, or that the proposed design more
effectively addresses the street in a manner which creates a consistent facade line and defines
the public and semi-public realms than would a design in accord with the exact letter of the
standard.
The proposed building would have approximately 66% of its front facade parallel to the
street, and the remaining 34% of the residence would be oriented toward the southwest. The
applicant provides three (3) reasons for requesting a variance to the building orientation
standard. First, the property was chosen for its excellent views of Aspen Mountain to the
southwest, Independence Pass to the south, and Smuggler Mountain to the east. The
proposed orientation of the building is intended to take advantage of these views, while still
maintaining an orientation to the street.
The second reason for requesting this variance relates to the topography of the site. At the
northwest and central sections of the property, the grade is relatively flat; however, the
southwestern and southern portions of the site begin to drop off in grade. Consequently, the
applicant desires to site the building either parallel to or directly perpendicular to the grade
in order to avoid difficulty in construction and having visible grade differentiation on the
finished exterior walls.
Finally, over eighty (80) percent of the houses on Riverside Drive are not oriented in a
manner parallel to the street. In fact, five (~) of the six (6) houses nearest to the subject site
are not parallel to the street; is would be reasonable to assume the reasons for this condition
revolve around views and topography. Like the other houses in the area, the existing house
at 1240 Riverside Drive is not parallel to the street but, rather, is oriented along a
southeast/northwest axis. Thus, requiring that 100% of the front facade be oriented toward
the street would result in a residence that is different from all the surrounding houses.
Staff feels that the proposed design, with its 66% street orientation and 34% southwesterly
orientation more effectively addresses the street in a manner which creates a consistent
,~.. ~.
facade line and defines the public and semi-public realms than would a design in accord with
the exact letter of the standard. This assessment is largely based on reasons of fairness
related to unusual site specific constraints concerning the surrounding structures and
topography. Thus, staff recommends granting the requested "Building Orientation" variance
because of reasons of fairness related to unusual site specific constraints, and because the
proposed design more effectively addresses the issue to which the given standard is a
response. ,
Section 26..i8.Od0(F)(12), Volzeme
The proposed design contains multiple violations of the "Volume" standard on its south,
southwest, and east elevations (please refer to Exhibit A). The "volume" standard reads as
follows:
For the purpose of calculating floor area ratio and allowable floor area for a
bz~ilding or portion thereof whose principal use is residential, a determination
shall be made as to its interior plate heights. All areas with an exterior
expression of a plate height of grenter than ten (10) feet, shall be counted as two
(2) square feet for each one (1) square foot of floor area. Exterior expression
shall be defined as facade penetrations between nine (9) and twelve (12) feet
above the level of the finished floor, and circular, semi-circular or non-
orthogonal fenestration between nine ("9) and fifteen (1 ~) feet above the level of
the finished floor.
Simply put, as it relates to the subject case, this standard requires that there be no windows
(facade penetrations/fenestration) in any areas that lie between nine (9) and twelve (12) feet
above the height of the first or second story floors (plate height).
Given the Zack of compliance with the "volume" standard, the applicant is left with the
choice of pursuing one of the following three (3) options. First, the applicant could accept
the two-to-one (2:1) floor area penalty for each violating window while ensuring that the
entire building, including FAR penalties, would fall within set FAR limitations. Second,
they could redesign the proposed structure such that the new form would comply with the
"volume" standard, as well as the rest of the residential design standards. Lastly, the
applicant could appeal staffs findings to the Design Review Appeal Board.
Rather than accept the floor area penalties (the design utilizes close to all of the allowable
floor area for the site) or redesign the proposed residence, the applicant has chosen to seek a
variance from the "volume" standard. Consequently, if variances are not granted, the
applicant would have to create new designs that would comply with the volume standard. If
a variance is to be granted, it must be justitied according to one of the three variance criteria
outlined above (on page one of this memo).
According to the pending revisions to the Residential Design Standards, the purpose/intent of
the "Volume" standard "is to ensure that each residential building has street facing
architecrtiral details and elements which provide human scale to the facade, enhance the
walking experience, and reinforce local building traditions." Although pending code
amendments do not hold any force in the review of current applications, staff felt this
3
information might be helpful in understanding the issues/concerns that the volume standard
attempts to address.
Since the proposed design does not yield greater compliance with the Aspen Area
Community Plan, if the requested variance is to be justified, it would need to be on the
grounds that either the proposed design is necessary for reasons of fairness related to unusual
site specific constraints, or the proposed design more effectively provides street-facing
architectural details and elements which provide human scale to the facade, enhance the
walking experience, and reinforce local building traditions than would a design that meets
the exact letter of the "Volume" standard.
[n terms of site specific constraints, as explained in the "Building Orientation" section above,
the property was chosen for its excellent views of Aspen Ntountain to the southwest,
Independence Pass to the south, and Smuggler Mountain to the east. The proposed glazing is
intended to take advantage of these views.
With regard to the proposed design more effectively providing street-facing architectural
details and elements which provide human scale to the facade, enhance the walking
experience, and reinforce local building traditions than would a design that meets the exact
fetter of the "Volume" standard, staff feels that the requested variance should be granted on
these grounds. Of the elevations for which "volume" variances are requested (south,
southwest, and east), only the southwest elevation would have an impact on the scale of the
structure in relation to the street. The other two facades would not be visible from the street,
and the southwest elevation would be only partially visible from the street. Also, on each of
the facades for which "volume" variances are requested, the noncomplying glazing resides in
gable-ends and is broken up or obscured with either terrace railings or gable wood trusses.
The glazed gable ends accompanied by gable wood trusses make use of materials and design
features that will effectively provide architectural details and elements that reinforce local
building traditions.
RECOMMENDATION: Staff recommends that the DRAC approve: (1) a variance from
Section 26.58.040(A)(1), Building Orientation, of the Residential Design Standards based on
a finding that the proposed design more effectively addresses the issue or problem the given
standard or provision responds to, and is necessary for reasons of fairness related to site
specific considerations; and, (2) a variance from Section 26.58.040(F)(12), Volume, of the
Residential Design Standards based on a finding that the proposed design more effectively
addresses the issue or problem the given standard or provision responds to.
ATTACHMENTS:
Exhibit "A" -Submitted application package
4
E~~
DESCRIPTION
The Project consists of a new single family residence. We are requesting variances
related to the "no window zone" and "street orientation".
We feel this Project not only meets the intent of the Desigm Guidelines, but it exceeds the
requirements in many areas including:
1. Street facing entry and principal room window.
2. One (1) story street facing element that covers ninety (90%) per cent of
the overall width.
3. Covered entry porch of approximately one hundred (100) square feet.
4. Primary Mass of less than fifty (~0%) per cent of the allowable FAR.
S. Street facade includes stepped wall planes, gable roofs, reduced building
mass, mixing of building materials, introduction of roof forms, such as
dormers, belvederes, and chimneys that enhances the overall character of
the neighborhood.
6. A one (1) story building massing adjacent to the non-street facing South
property line.
On the Southwest, South and East exterior elevations of the building we are requesting
relief from the "no window zone" standard of the guidelines.
Our reasons for this request are threefold. Two (2) of the three (3) facades will have no
visual impact on scale or massing regarding the street facade. These facades are not
visible from the street. The third facade, the Southwest is only partially visible.
The second reasons is based upon the fact that on each of these facades the glazing
begins at the floor of the upper level and the building mass and scale is broken up by the
first floor treatment of the facade; one (1) story building mass and use of different
materials.
The third reason for our request is based upon the fact that this property was chosen for
its exceptional views and orientation. Each of the facade views are outstanding;
Southwest: Aspen Mountain; South: Independence; East: Smuggler Mountain. The
design of the windows is intended to take advantage of these views. In each case the
glazing is broken up with either terrace railings or gable wood trusses.
Meeting the required "no window zone" would obscure the majority of the view (the
view angle is upwards from the floor level) and would not have any impact or improve
the character of the neighborhood.
Riverside Drive Estate
April 1~4, 1998
Page 2
We are asking that these windows be waived. The windows add to the character of the
elements, introduce natural light into the interior, and have no impact on the mass and
scale of the house. Removing these windows would only detract from the overall
character and would not contribute to or improve the intent of the Residential Design
Guidelines.
Our second variance request relates to building orientation. Our proposal includes
having approximately sixty six (66°.'0) percent of the house parallel to the street. The
remaining thirty four (3d°,'o) percent of the house is turned to the Southwest.
Here again, our reasons for this request are threefold. As I mentioned previously, the
views are exceptional to the Southwest, South and East. The road (Riverside Drive) is
directly West. Orientation to views is critical for this parcel.
Our second reason relates to the topography of the property. At the Northwest and
central section of the property grade is relatively flat, however beginning at the
Southwest and South section of the property grade begins to fall off. Due to this
condition, ease of construction is desirable so that we are either parallel or directly ''~"
perpendicular to grade. We were trying to avoid visible grade differences on our exterior
walls.
Thirdly, over eighty (80%) percent of the houses located on this street do not parallel the
street. In fact, five (5) out of the six (6) houses that are nearest to this property are not
parallel to the street. The reasons for this have to due with views and topography.
It should be noted that the existing house on this parcel is not parallel to the street and is
oriented along aSoutheast/Northwest axis.
We are asking that total building orientation to the street be waived. We feel we have
found a solution that solves all of the issues: street orientation, views, and topography.
Forcing this building to comply with the street orientation would only make this structure
different from all of the rest.
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:~.FF'IDAVIT OF NOTICE Pv~RSIi:~`iT
ss_ TO ~.SPEN L~~1D USE ItEGL~I-ATION
SECTION Z5. :2.060 (E}
T ~V~(l5~' ~ .being or representing an
Appiicnnt to the City of :~,t~e:i, personally certtry that I nave complied with the public notice
~equiretnents pursuant to Sec'don ~6.~2.060 (E) of ttte aspen Land tise Reguiatzons in the following
manner.
1. By mailing of notice, a copy of which is attac:ted 'Hereto, by first-class, postage prepaia
L.S. Mail to all owners oz proDerv with three nu.*~dred ~3C0) fit of the ;ubiect
propery, as indicated on the attac:~ed list. on the __._ day of , I59_ (wnic:l iS _
days prior to the public hearing date of )
2_ By posting a sign in s conspicuous puce on [,he subiec: property (as it could be seen
from the nearest public way) and thaz the said sib was pested and visible centinueusiv
from the '~~ day or ~~_, 199 8 r Vlust be posted for at least ten (10) iu1
days before the nearing date). :~ ghoto~aph of the
tr'~e
attached hereto.
WITNESS ~+S`~ HA1~iD ~~~ OFF~C T E.~L
My commission-zxpires: ~^z4t_~ `_~
Notary Public
Notary Public's Signature
TO~~L P.%~!
~/aa~y~
EXHIBITS*
~L'~
AGENDA ITEM:
12401ftJC~bE ~I2.
EXHIBIT
NO. DESCRIPTION
IN DEMO
* "In" means the exhibit is introduced into the record.
"Demo" means the exhibit is used only for demonstration or illustrative purposes.
I NGT?CE ~
~~/9l
a~~
WITNESS LIST*
AGENDA ITEM:
120 ~1 r,aes~~ ?~
NAME OF WITNESS:~ -
1• ~,~ 7'~ Staff Person
2. ~-~d
3.
4.
5. GN ~-~2~~ G/p~,M~IELL
6.
7.
8.
9.
10.
il.
12.
13.
14.
15.
16.
* Includes staff persons, but excludes staff attorney and board members.