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Home My WebLink Aboutagenda.drac.19981203AGENDA DESIGN REVIEW APPEALS COMMITTEE December 3,1998 4:00 p.m. Thursday Regular Meeting City Council Chambers, City Hall 4:00 4:05 I. Roll Call II. Minutes (11/05/98) III. Comments (Committee, Staff and Public) IV. Disclosure of Conflicts of Interest V. New Business A. Lipsey/Girvin Residence - 955 King St. Appeal of the Garage placement '(~~,~ ~~..,tha Standard B. Kahn Residence - 440 North Fifth Appeal of the "Volume" Standar OO East & South elevations {'P ~~~ ~ `> ~ U OO North elevation (street facing) ]~~.I ~ - ...~ _~, 5:00 VI. Adjourn MEMORANDUM TO: The Design Review Appeal Committee THRU: Julie Ann Woods, Community Development Director ~ FROM: Mitch Haas, Planner RE: 440 North Fifth Street request for Variances from the "Volume" provision (Section 26.58.040(F)(12)) of the Residential Design Standards DATE: December 3, 1998 SUMMARY: Pursuant to Chapter 26.58, 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 [DRAG] pursuant to Chapter 26.22, Design Review Appeal Board. " Community Development Department staff reviewed the application to construct asingle- family residence on the 440 North Fifth Street site for compliance with the "Residential Design Standards," (see Exhibit A). In staff's review, it was determined that the proposed designs violate the "Volume" standard. Thus, the applicant is requesting a variance from this standard (which is described below) in order to allow for approval of the architectural designs as proposed. The proposed design is provided in the attached Exhibit A, where Sheets A-3.1, A-3.2, and A-3.3 highlight the noncomplying windows. 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. Staff is recommending approval of variances from the Volume provision of the Residential Design Standards for the East and South elevations only, but denial of the requested variances for the iiin~l North (street-facing) elevation~y APPLICANT: Farrell Kahn (owner), represented by James Atkinson of Charles Cunniffe Architects LOCATION: The site in question is located in the West End at 440 North Fifth Street, which is situated at the southeast corner of the intersection of North Fifth Street and West Smuggler Street. The property is zoned R-6, Medium-Density Residential. t STAFF COMMENTS: Section 26.58.040(F)(12), Volume The proposed design contains multiple violations of the "Volume" standard: one on its west elevation, two on the east elevation, two on the north elevation, and two on the south elevation (please refer to Exhibit A, Sheets A-3.1, 3.2, and 3.3). The "volume" standard reads as follows: For the purpose of calculating floor area ratio and allowable floor area for a building 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 greater 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 S) 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 finished floor height of the particular room, and no non-orthogonal windows in any areas that lie between nine (9) and fifreen (15) feet above the finished floor. Given the lack of compliance with the "volume" standard, the applicant is lefr with the ,sue, 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 staff s findings to the Design Review Appeal Board. Rather than accept the floor area penalties 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 justified according to one of the three variance criteria outlined above (on page one of this memorandum). According to the proposed revisions to the Residential Design Standards, the purpose/intent of the "Volume" standard "is to ensure that each residential building has street facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions." Although proposed code amendments do not hold any force in the review of current applications, staff feels this 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 ,rrq, Community Plan, if any of the requested variances are to be justified, it would need to be on r, 2 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. • West Elevation (facing N. Fifth Streetl: The west elevation is depicted on Sheet A3.1 of Exhibit A and contains one window in violation of the volume standard. This window would be located in the gable end, above a bay window, to provide the vaulted space of the dining room area with additional natural light. In terms of site specific constraints, there are no unusual physical conditions (i.e., topography, natural hazards, etc.) where reasons of fairness would dictate that the proposed noncomplying windows must be included in the design. The site is a flat, comer lot located within a vvell-defined historic neighborhood laid out on a grid street system with reaz alley access. The applicant intends to situate the house as far over on the easterly side of the building envelope as possible in order to preserve a large spruce tree on the westerly side of the buildable area. While the desire to preserve this tree is commendable, its presence is not, in staff's opinion, a site specific constraint where reasons of fairness would necessitate a variance. Afrer all, the tree may die or be cut down in the future. The noncomplying windows appear to be included for decorative reasons and for purposes of maximizing sunlight into vaulted spaces, but staff maintains that there are no site specific constraints that make these windows necessary. With regard to providing street-facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions, staff feels that street-facing elevations in the West End are of particular importance. Nevertheless, given the fact that the proposed noncomplying window of the west elevation could easily be made to comply by simply making it orthogonal, staff feels the proposed window form should be approved since it seems to better compliment the overall design (than would an orthogonal window), thereby more effectively addressing the issue the volume standazd responds to. • East Elevation (facing~e adloininglot. 533 W Smueelerl: The east elevation is depicted on Sheet A3.2 of Exhibit A and contains a set of two separate windows that violate the volume standard. These windows would be located in the larger of the two gable ends on the east elevation to provide the vaulted space of the kitchen area with additional natural light. Similarly to those of the west elevation, the noncomplying windows appear to be included for decorative reasons and for purposes of maximizing sunlight into vaulted spaces. Again, staff maintains that there are no site specific constraints that make these windows necessary. 3 Neither of the east elevation's proposed windows for which a "volume" variance is requested ~ would have an impact on the scale of the structure in relation to the street. The east facade would not be visible From the street. As currently designed, the east elevation should have °' little impact in terms of effectively providing architectural details and elements that reinforce local building traditions. Thus, staff recommends that the requested variance be granted on the grounds that the proposed design effectively addresses the issue or problem that the volume standard responds to. • North Elevation (#'acing West Smuggler treetl• The north elevation is depicted on Sheet A3.3 of Exhibit A and contains two separate windows that violate the volume standard. The first of these windows would be located above a prominent bay window with the intention of providing the kitchen area (breakfast nook) with additional natural light. The other noncomplying window of the north elevation would be located in the dormer to provide the vaulted space of the dining room area with additional natural light. Similarly to those of the east and west elevations, the noncomplying windows appear to be included for decorative reasons and for purposes of maximizing sunlight into vaulted spaces. Again, staff maintains that there are no site specific constraints that make these windows necessary. With the staff recommendation to approve variances for windows on the east and vr~~ ,,f elevations, the vaulted spaces in the kitchen and dining room areas would already be '"°''~ obtaining additional natural light. Furthermore, since the north elevation provides the least °~ opportunity for solar gain by virtue of its north-facing orientation, and since it is located in the West End and faces the street, staff feels that the variance request for both windows of the north elevation should be denied. The presence of these noncomplying windows on the north, Smuggler Street-facing elevation would not more effectively provide 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. • South Elevation (~~gthe allevl• The south elevation is also depicted on Sheet A3.3 of Exhibit A and contains a set of two separate windows that violate the volume standard. These windows would be located on both sides of the chimney (one on each side) to provide the vaulted space of the living room area with additional natural light from the southern sky. Similarly to those of the east, west, and north elevations, the noncomplying windows appear to be included for decorative reasons and for purposes of maximizing sunlight into vaulted spaces. Again, staff maintains that there are no site specific constraints that make these windows necessary. 4 Neither of the south elevation's proposed windows for which a "volume" variance is requested would have an impact on the scale of the structure in relation to the street. The south facade would not be visible from the street. As currently designed, the south elevation should have little impact in terms of effectively providing architectural details and elements that reinforce local building traditions, but would provide the occupants with sunlight from the southern sky and views of Aspen Mountain. Thus, staff recommends that the requested variance be granted on the grounds that the proposed design effectively addresses the issue or problem that the volume standard responds to. RECOMMENDATION: Staff recommends that the DRAC approve variances from Section 26.58.040(F)(12), Volume, of the Residential Design Standazds for the noncomplying windows of the east, west, and south elevations, as indicated in Exhibit A. These variances should be granted based on a finding that the proposed design more effectively addresses the issue or problem the given standard or provision responds to. Staff also recommends that the requested variances from Section 26.58.040(F)(12), Volume, of the Residential Design Standards for the noncomplying windows of the north elevation should be denied. RECOMMENDED MOTION: "I move to approve a variance from Section 26.58.040(F)(12), Volume, of the Residential Design Standards for the noncomplying windows on the east, west, and south elevations of the 440 North Fifth Street residence, as indicated in Exhibit A. These approvals are based on a finding that the proposed design more effectively addresses the issue or problem the given standard or provision responds to. I further move to deny the variance requests for the noncomplying windows of the north elevation." 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IOE 3lln5 .BAY NYivAN LW3 WS ~,~$ HJ~Id 'N Obb S1J31IHJ?IN 3331NNnJ S37?Jb'H~ 3~N30IS3?J 1S H.L~l3 'N Obt~ i ~ ~~ ~J i w o i " ~ z ~ o o W w ~z ~a ~~ a i~ 2> II4~ ~ W~~ ~ O ~ 4 ppO Y a I W ~o ~~ ~ G ~ \.J Nr L956-BI4t0E ~X1'f . eEGE-9LLtoE 3131. SE618 o~'famnn3i . ~3nv <wvaoio~ ~a oa 11918 OOb'21O1O~ ~N3d S'v ~ i 9G85-SL6EeE ~%Vf . Ofi55525E0E 3131. 11918 OJ'N3d5V . NE 311fIS .'3AM NVWAH 15Y3 OLE 'j$ HLili 'N Obb ~~ 51~31IH~21V 3~~INN!]J S37?lt~H~ O M N i O~~ ~~\VV~ i ~ _ ~ o~gl 3JN3alS3?l :LS Hl~l~ 'N 0~~ o~g ~ s _ J I'HJ~nJ'~ - - _ - - I I HIyI I W~ ~W ~ g ~ 8 y~ ~~~ ~ ~~~ ~ ga oW 4 N APPLICANT: Lipsey/Girvin LOCATION: 955 King ACTION: Appeal of Garage Placement Standard DRAC may grant relief from the Residential Design Standards if the variance is found to be: In greater compliance with the goals of the AACP, or A more effective method of addressing the standard in question, or Clearly necessary for reasons of fairness related to unusual site specific constraints. All portions of a garage, carport, or storage area parallel to the street shall be recessed behind the front facade a minimum of ten feet. APPLICANT: Kahn LOCATION: 440 North Fifth ACTION: Appeal of the Volume Standard - East and South elevations - North (street facing) elevation DRAC may grant relief from the Residential Design Standards if the variance is found to be: In greater compliance with the goals of the AACP, or A more effective method of addressing the standard in question, or Clearly necessary for reasons of fairness related to unusual site specific constraints. For the purpose of calculating floor area ratio for a building 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 greater than ten feet shall be counted as two square feet for each one square foot of floor area. Exterior expressions shall be defined as facade penetration between nine and twelve feet above floor level and circular, semi-circular, ornon-orthogonal fenestration between nine and fifteen feet above floor level. Attachment 8 AFFIDAVIT OF NOSE REGULATIONS County of P>ttkin } TO ASPEN LAND U ~ ss. SECTION 26.52.060(E) State of Colorado ~ being or representing an I, L ~^~~~ lied with the public notice ersonally certify that I have comp applicant to the City of Aspen, p al Code in the following nts ursuant to Section 26.52.060(E) of the Aspen Municip requireme p first lass postage prepaid U.S. manner: hed hereto, by of note a copy of Which is att erty, as indicated 1 gy mailing eet of the subject p wners of property ~ in three hundred (30 da s rio o the public Mail to a , 199_ ( ich is _ Y p ~~ G 0 da o on the attache ' t, on the Y date of )' as it could be seen from hearing lace on the subject property ( a si n in a conspicuous p 2 $" day 2 gy posting g osted and visible continuously from e and that the said sign waste c ~ 199 ~' • (Must be posted for at least the nearest public way) 3 da of ~~-~ , 199~~ to the Y of A hotograph of the posted sign is attached hereto. ~ (10) full days before the hearing date). P _ "" "" ~ Signature M B Signed before me this day of ~ E~ ~" 199 $ • by WITNESS MY HAND AND OFFICIAL S`,~,;z„ ~aOTAR My Commission Notary Public My C7MMISSION EXPII 'rCEMBER 5, 200(