HomeMy WebLinkAboutagenda.drac.19990805AGENDA
DESIGN REVIEW APPEALS COMMITTEE
August 5,1999
5:00 p.m.
Thursday
City Council Chambers, City Hall
5:00 I. Roll Call
II. Minutes
III. Disclosure of Conflict of Interest
IV. Comments (Committee, Staff and Public)
V. 234 West Hallam - Westend Partnership r
Appeal -window standard •~- ~.,.~~ ~ :~~..,-~.~, i
VI. Adjourn ~~1~-~ ~~ ~'
1 '~ ~ Gt `L7 Y~.2 ~}........
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MEMORANDUM
TO: Design Review Appeals Committee
T~U~ Julie Ann Woods, Community Development Direct
or
T~U~ Joyce Ohlson, Deputy Director
FROM: 1
Christopher Bendon, Planner ~
~~ ./1J ' , ,
234 West Hallam Street Appeal -Public Hearing
Window Standard
One Story Element Standard
DATE: August 5, 1999
SUMMARY:
The applicant, the Westend Partnership represented by Jim Colombo, has applied for
an appeal of the Residential Design Standard relating to windows within 9 and 12 feet
above finished floor levels and for the One Story Element requirement for the "east
residence" located at 234 West Hallam Street. The property is currently being
developed with two single-family residences.
The window standard "penalizes" windows in azeas where a second story element
typically exists. Rooms with fenestration between 9 and 12 feet above finished floor
levels aze attributed twice towazds the calculation of floor azea for the property.
Waiving the window standard will allow for windows between 9 and 12 feet above
each plate, as depicted in the application and as demonstrated on-site, without the
Floor Area penalty. Because the windows do not span through to the second floor
and do provide interest to the facade and differentiation from the closely adjacent
"west house," staff supports the waiver.
The One Story Element standard requires 20% of the front elevation to contain a
single story feature. This is commonly addressed with a porch element, as the
building permit for this house originally proposed. The applicant has converted the
porch overhang to a deck serving the second floor. Although the physical change is
relatively minor, the deck serves the second floor and is therefore no longer a first
floor element. Waiving the standazd would allow the second floor deck to remain as
demonstrated on-site. Staff does not believe this appeal meets the criteria and is not
supporting the waiver.
Staff recommends DRAC grant a variance for the window standard, with
conditions, and deny the request to waive the one story element requirement for
the "east house" at 234 West Hallam Street.
APPLICANT:
Westend Partnership. Represented by Colombo International, Inc.
LOCATION:
234 West Hallam Street.
ZONING:
Medium Density Residential (R-6).
REVIEW PROCEDURE:
DRAC may grant relief from the Residential Design Standazds at a public hearing i
the variance is found to be:
a) in greater compliance with the goals of the AACP; or,
b) amore effective method of addressing standazd in question; or,
c) clearly necessary for reasons of fairness related to unusual site
specific constraints.
BACKGROUND:
The property is currently being developed as two single-family residences un er an
active building permit. The "east house" is the subject of this application. No
modifications to the "west house" aze proposed.
The application is subject to the previous Residential Design Standazds, as it was
submitted prior to the effective date of the revised standazds -Ordinance 20.
WINDOWS: ....r
The applicant's proposed development is subject to a FAR penalty with the following
Residential Design Standard:
All areas with an exterior expression of a plate height greater than 10 feet
shall be counted as 2 square feet for each 1 square foot of floor area.
Exterior expressions shall be def ned as facade penetration between 9 and 12
feet above floor level and circular, semi-circular, or non-orthogonal
fenestration between 9 and 15 feet above floor level.
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~_
The proposed variance is not in greater compliance with the goals of the Community
Plan. The AACP specifically rejects two-story window expanses in both the current
and proposed versions of the document.
b) amore effective method of addressing standard in question; or,
Staff Finding:
The standazd specifically says no windows in this azea unless the house size is
reduced by the Floor Area penalty. However, the windows do not span through to the
second floor and do provide interest to the facade and differentiation from the closely ~
adjacent west house. For this reason, staff supports the waiver.
2
c) clearly necessary for reasons ojfairness related to unusual site
specific constraints.
Staff Finding:
There aze no site specific constraints for this property which necessitate larger
windows. The site is relatively flat and developable.
ONE-STORY ELEMENT:
The applicant's proposed development is not in compliance with the following
Residential Design Standard:
One-Story Element. All residential buildings must have aone-story street
facing element the width of which comprises at least twenty (20) percent of the
buildings overall width.
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 variance is not in greater compliance with the goals of the Community
Plan. The one-story element criteria was to encourage pedestrian scaled facades and
to break-up the overall massing of buildings.
b) amore effective method of addressing standard in question; or,
Staff Finding:
The applicant has not provided a more effective method for this standard. The second
floor deck, however, is very similaz in its method of addressing the standazd and
provides relief to the facade while still acting as the porch covering. This being said,
staff does not believe this is a more effective method than the standad.
c) clearly necessary for reasons of fairness related to unusual site
specific constraints.
Staff Finding:
There are no site specific constraints for this property which make difficult the
provision of a one story element. The site is relatively flat and developable. In fact,
the applicant has demonstrated the ability to provide the one-story element on-site
prior to the un-approved modifications.
RECOMMENDATION:
Staff recommends DRAC grant a variance for the window, as represented in the
application, with conditions, and deny the request to waive the one story element
requirement for the "east house" at 234 West Hallam Street.
This window vaziance shall be limited to the development proposed on the
"east house." All other aspects of the "Residential Design Standazds," as
amended, shall apply.
2: The applicant shall record this Design Review Appeal Committee Resolution
with the Pitkin County Clerk and Recorder located in the Courthouse Plaza
Building. There is a per page recordation fee. In the alternative, the applicant
may pay this fee to the City Clerk who will record the Resolution. ~
3. All material representations made by the applicant in the application and during
public meetings with the Design Review Appeal Committee 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 for windows within nine
and twelve feet above the finished floor levels, with the conditions recommended in
the staff memorandum dated August 5, 1999, and deny the request to waive the One
Story Element requirement for the "east house" at 234 West Hallam Street "
ATTACHMENTS:
Exhibit A -Application
4
RESOLUTION OF THE DESIGN REVIEW APPEAL COMMITTEE WAIVING
THE VOLUME (WINDOW) STANDARD AND DENYING THE WAIVER OF
THE ONE STORY ELEMENT STANDARD FOR THE "EAST HOUSE," 234
WEST HALLAM STREET, LOTS K, L, & N, BLOCK 49, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO,
Parcel No.2735-124-22-004
Resolution #99 -~ 5
WHEREAS, the Community Development Department received an application
from the Westend Partnership, owner and applicant, for a waiver of the volume standard
relating the location of exterior fenestration and for the one story element standazd
requirement for the "east residence" located at 234 West Hallam Street, Lots K, L, and M,
Block 49, City and Townsite of Aspen; and,
WHEREAS all applications for appeal from the Residential Design Standazds must meet
one of the following criteria in order for the Design Review Appeal Committee or other
decision making administrative body to grant an exception, namely the proposal must:
a) yield greater compliance with the goals of the Aspen Area Community plan;
b) more effectively address the issue or problem a given standard or provision
responds to; or
e) be cleazly necessazy for reasons of fairness related to unusual site specific
constraints, and
WHEREAS The Planning Staff in a report dated August 5,1999, recommended granting
a variance of the Volume (Window) standazd, with conditions, and denying a vaziance to
the One-Story Element standazd; and,
WHEREAS a public hearing, which was legally noticed, was held at a regulaz meeting of
the Design Review Appeal Committee on August 5, 1999, at which the Committee
considered and , by a _ to _
standazd, with the conditions recommended by the Community Develop ent olume
Department, finding the variance meeting criteria B -more effective method of
addressing the standazd, and , by a _ to _
One Story Element standard, with the conditions recommended by the Community f the
Development Department, finding the variance meeting criteria -
NOW, THEREFORE BE IT RESOLVED by the Design Review Appeal Committee:
That the waiver of the Volume (Window) requirement of the Residential Design
Standazds is hereby waived for the "east residence" located at 234 West Hallam Street,
with the following conditions:
1. This window vaziance shall be limited to the development proposed on the
"east house." All other aspects of the "Residential Design Standazds," as
amended, shall apply.
2. The applicant shall record this Design Review Appeal Committee
Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the
alternative, the applicant may pay this fee to the City Clerk who will record
the Resolution.
3. All material representations made by the applicant in the application and
during public meetings with the Design Review Appeal Committee shall be
adhered to and considered conditions of approval, unless otherwise amended
by other conditions.
MAY IT BE FURTHER RESOLVED by the Design Review Appeal Committee:
That the request to waive the One Story Element Standazd for the "east residence" located
at 234 West Hallam Street is hereby denied.
APPROVED AS TO FORM:
DESIGN RENTER'
APPEAL COMMITTEE:
City Attorney
ATTEST:
Steve Buettow, Chair
Jackie Lothian, Deputy City Clerk
1. Project name_
2. Project location
I.OT I( L. d
(indicate street add
3. Present zoning
ATTACHMENT1
LAND USE APPLICATION FORM
a34 ~..~ (~~~~~-,
OZI.~ OC ~ q R,.,..., ~~
~ V ~" ~
ressPlot nd block number or metes and bounds descriptionn)
4. Lot size 9~ 5.+,
5. Applicant's name, address and phone n tuber WEST [,uD PAQr
<~L ~.~c.~ ~~e ~ su~sc Ds ~Sic~V ~~~^^ _--- 9Z5'~sos;
6. Representative's nom ,address, and phone number( prpw~Bp 1,~~,
S?n C. Cook ATE ~S, ,CISA~ . (~ °~ Zs ~BoG
7. Type of application (check all that apply):
Conditional Use _ Conceptual SPA _ Conceptual HPC
- Special Review _ Final SPA _ Final HPC
8040 Greenline _ Conceptual PUD _ Minor HPC
- Stream Margin _ Final PUD _ Relocation HPC
Subdivision _ Text/Map Amend. _ Historic Landmark
__ GMQS allotment _ GMQS exemption _ Demo/Partial Demo
~.._ Vew Plane - Condominiumization
- Lot Split/Lot Line ~ Design Review
Adjustment APPeaI 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) ~ihlnll~ F4rwiV1' 'e£SavEr~>R
9.
of development
10. Have you completed and attached the following?
Attachment 1-Land use application form
Response to Attachment 2
_~ Response to Attachment 3
West End Partnership
' 520 E. Cooper Ave/ Ste/ 205
Aspen, Colorado 81611
July 13, 1999
City'of Aspen
Community Development
130 S. Galena Street
Aspen, CO 81611
RE: Authorization for representation
To Whom it May Concern:
This is a writen authorization for Colombo International, Inc. to represent West End
Pa4rtnership , L.L.C. for all issues concerning 234 Vjl~llam Street ih Aspen, CO
Jame, P. C~mbo
M naoin Partner- West End Partnership.LLC
COLOMBO
INTERNATIONAL, INC.
520 E. COOPER ASPEN, CO 81611
TEL: 970 925-7806
234 West Hallam FAX: 970 925-3972
DRAC Variance Request
Design Review Appeal Committee
City of Aspen
130 S. Galena
Aspen, CO 81621
RE: response to attachemt #3 item #6
Dear DRAC members,
The property located at 234 E. Hallam respectfully request a variance from the
Ordinance 20 Residential Standards. Specifically this request is for s variance from
the glazing standard which prohibits windows to occur between 9'0" and 12'0" of what
may typically be a second level.
The premise for this standard is to eliminate spans where a second level would
typically exist above finished first floor. The goal of this standard is to prevent the
visual perception of expansive first floor volume which would not be typical of'the
desired neighborhood architecture.
The proposed window exemption occurs from the first floor level rising in a second
set of small windows which spans from 9'0" to 11'0" from first floor level. The distinct
and intervening element in this case is the street facing balcony which separates and
amply designates the first and second level of the structure which convincingly brings
this structure into full compliance with the invent of the design standard.
The typically higher ceiling of the Victorian style home is maintained in this design
and the intent of the ordnance is fulfilled.
Therefore it is our respectful request that this board approve the variance for
window height at the first level as described in the aforementioned.
COI,ONiBO
INTERNATIONAL, INC.
520 E. COOPER ASPEN, CO 81611 '""°
FAX: 970 925-3972
TEL: 970 925-7806 234 West Hallam
DRAC Variance Request
Design Review Appeal Committee
City of Aspen
130 S. Galena
Aspen, CO 81621
RE: response to attachemt #4 item A & B
Dear DRAC members,
he property located at 234 E. Hallam respectfully request a variance from the
Ordinance 20 Residential Standards. Specifically this request is for s variance from
the glazing standard which prohibits windows to occur between 9'0" and 12'0" of what
may typically be a second level
Standards for review by DRAC
Standard A:
"yield greater compliance with the goals of the Aspen Area Community Plan"
Standard B: "more effectively address the issue or proble a given standard or
provision responds to:"
The premise for both of these standard is to eliminate spans where a second level
would typically exist above finished first floor. The goal of this standard is to prevent
the visual perception of expansive first floor volume which would not be typical of the
desired neighborhood architecture.
The proposed window exemption occurs from the first floor level rising in a second
set of small windows which spans from 9'0" to 11'0" from first floor level. The distinct
and intervening element in this case is the street facing balcony which separates and
amply designates the first and second level of the structure which convincingly brings
this structure into full compliance with the invent of the design standard.
The typically higher ceiling of the Victorian style home is maintained in this design
and the intent of the ordnance is fulfilled.
Therefore it is our respectful request that this board approve the variance for
window height at the first level as described in the aforementioned.
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Cr1TIFiCiT.: CF CTQIvLKS7:IY
/ir. County Title, Znc., a duly licensed Title Insurance Aaent in the
State of Colorado hereby certifies thzt NEST EATD PARTNERSF.IP, LLC is the
owner in fee simple of the following described property:
LOTS K, L AND M,
BLOCK 49,
CITY AND TOWI4SITE OF ASPEN
COUNTY OF PITKIN, STATE. OF COLORADO
Sub;ect to encumbrances, easements, restrictions and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PITKIN COUN TITLE, INC.
BY:
autho ze signature
CERTIFIED .0: October 28, 1998 @ 8:30 a.m.
~.
..
Attachment
Project Information
1. 234 W Hallam
Aspen, Colorado
Westend Partnership
520 E. Cooper Suite 205
Aspen, Colorado 81611
925-7806
Applicant's Representative:
Jim Colombo
2. 23q. W. Hallam
Lots K, L & M, Block 49
City & Township of Aspen
3. Parcel Ownership:
Westend Partnership
See-
=:
4. ..See Vicinity Map-
5. See Written Description
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Attachment 8
County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT
} ss. TO ASPEN LAND USE REGULATIONS
State of Colorado } SECTION 26.52.060(E)
I, ~iQ~l,ibK~~i~7~ ,being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.52.060(E} of the Aspen Municipal Code in the following
manner:
~1! By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S.
Mail to all owners of property within three hundred (300) feet of the subject property, as indicated
on the attached list, on the day of , 199_ (which is _ days prior to the public
hearing date of
2. By posting a sign in a conspicuous place on the subject property (as it could be seen from
the nearest public way) and that the said sign was posted and visible continuously from the ~ day
of ~ ~..'f , 199 q , to the 5 day of ~uG t1ST , 199 ~ . (Must be posted for at least
ten ~ full days before the hearing date). A photograph of the posted sign is attached hereto.
Signed before me this 5 day of /`7 ~G~/S ?~
199 ~. by ~ /~
WITNESS MY HAND AND OFFICIAL SEAL
My Commi ion exp(i~res: O ~
G ~.
Notary Public 1t E E ~,
~gTARy
~~
p'lJeIIG
MII 0011e ~.