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Home My WebLink Aboutcoa.lu.ca.501 Park Circle.0031.2007ASLU .-. w ~r~:~~Fa~z~~ -- -- - ~bi~~ e ~ _~:9:,y _ _ $ MealOwlan Sads Fay Echau '. Pacejs ENOtrgSldue FeeSumwy FNabg Hatay AdaF~raAs 9 Pearl Type aL - Lad Uro PenAp 003:,Xb7.ASll ..... p_, Adnen wi Pc¢Nat ~ Apl9ute~- 6 i py ASPEN 9MU~ Zp 10ll J .) ~ a....,.~~o..~ [ ~ MatNa Pawn.®Z~ NaMy Queue mlA7aUD7 Appid ns/19kao7 J 1 ?aRd~-~ Sfan°.IK'"'a Omared ~_J & '' DeaVpfim INTEPFflETATIDN ~~ laaad~J I Fnd C- ` 9 MITCH HA49 ~9b.7819 C6rk Nvrag Dap Eiaeea SR3j3W9 -.- Omar _. _ _ _ { LntNaro 7S~aAd~5TNl1 A^ORER'C ~ Fid Name~~~ PoBOX 9802 ~ I 9PEN 0781612 Phone ~. F Owele4ppiwi7 ~Name~6Aligfifu AlUNEttiC J FM Naner-~~~~~AiPE~N N81612 ._. ~~._ fudA rr~ ~ _. larder .. --:- .-:: ".' _. LmtNam ~`~~. Fia Narc~~ Phoro ~~ i a~3~ ~~ poi ova .~.~ ,~~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE CODE INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: Section 26.312.030(F)(2)* EFFECTIVE DATE: WRITTEN BY: APPROVED BY: 1' ~' W Date: ~. 25.0' COPIES TO: City Attorney City Planning staff Section 26.445.020 Section 26.470.040(B) Section 26.445.100(C) May 25, 2007 Jessica Garrow, Planner Chris Bendon, Community Development Director SUMMARY: This Land Use Code interpretation clarifies how anon-conforming structure which is part of a valid PUD plan is reviewed when redeveloped. The request was filed by Mitch Haas of Haas Land Planning. The requester shall have the right to appeal this code interpretation, as outlined below. BACKGROUND: The requestor is researching previous land use approvals and land use conditions on the parcel located at 501 Pazk Circle (Lot 4, Sunny Park North Subdivision). As part of this due diligence, the requestor discovered the following information relating to this parcel: The lot is approximately 15,186 squaze feet in size but has slopes in excess of 20%. When slope reductions aze taken, the total Lot Area is approximately 11,635 squaze feet. The lot has an existing duplex and is zoned R-15 with a PUD overlay. A PUD was established when it was annexed into the City. Based on the underlying zoning, once the slope reduction is taken, the duplex density (2 dwelling units) would be non-conforming. This raised questions related to replacement of the duplex should it be purposefully demolished and the pazcel redeveloped. This interpretation addresses these questions. Should the non-conformities chapter, per Section 26.312.030(F), be used to determine the FAR permitted on the lot, or should the FAR permitted by the PUD (i.e. the duplex FAR A, ./ established in the R-15 zone district), per Sections 26.445.020 and 26.445.100(C), be used? 2. Can the owner replace a duplex on the lot when a duplex density is non-conforming once the slope reduction is taken? Is the duplex density nonconforming or is it actually in conformance with the Final PUD Plan? DISCUSSION Staff has relied on four (4) sections of the Land Use Code, to render this interpretation. Following are the sections, emphasis added. A. Section 26.312.030(F)(2)*, Nonconforming structures -Ability to restore, Purposeful destruction. A duplex or two single family residences on a substandard parcel in a zone district permitting such use is anon-conforming structure and subject to non-conforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the code including single-family 11oor area requirements. B. Section 26.445.020, Applicability. Before any development shall occur on land designated Planned Unit Development (PUD) on the offcial zone district map or before development can occur as a PUD, it shall receive final PUD approval pursuant to the terms of this Chapter. However, in no event shall adoption of a final development plan be required for the construction of a single detached for duplex residential dwelling on a separate lot in conformance with the General Provisions of this Chapter Section 26.445.040. All land with a PUD designation shall also be designated with an underlying zone district designation most appropriate for that land C. Section 26.470.040(B), General Provisions -Density. Unless otherwise established pursuant to a Final PUD Development Plan, the maximum aggregate density shall be no greater than that permitted in the underlying zone district, considering the inclusions and exclusions of Lot Area, as defined, and the mandatory density reduction for steep slopes as described below. D. Section 26.445.100(C), Absence of approved final development plan. In the absence of an approved final development plan for a site designated PUD on the Official Zone District Map, an accurate improvements survey of existing conditions may be substituted to permit evaluation of whether the proposal !s an insubstantial or other amendment. Citation A states that when a lot with anon-conforming structure is to be redeveloped with a duplex, that duplex must be developed with the single-family FAR rather than the duplex FAR for that zone district. This does not consider when that lot includes a PUD overlay. Citation B above permits construction on a lot with a duplex or single-family dwelling unit without a final PUD development plan. Citation C outlines the Density a development is restricted to based on slope reductions. However, from Citation D above, because a PUD was ,.._ .., .~. ...' established for this lot without an approved final development plan (a "existing condition PUD") the density and the allowable FAR for a duplex was locked in, and the PUD section controls redevelopment on this parcel. INTERPRETATION Based on the above-cited Code sections, this lot is subject to the following: 1. The existing conditions of the property constitute a Final PUD Plan, which enables a duplex (2 dwelling units) density on the lot (Sections 26.445.020 and 26.445.100(C) aze used, not Section 26.312.030(F)(2)*);and 2. The slope reduction requirements of Section 26.445.040(B) are not applicable since the duplex density allowance is already "otherwise established pursuant to a Final PUD Development Plan" (per Section 26.445.040(B)). Therefore, a duplex with R-15 duplex FARs may be redeveloped on this parcel in conformance with the regulations of the R-15 zone district at the time of building permit application. This interpretation was provided on May 25, 2007, and shall become effective on May 25, 2007. This interpretation of the land use code shall be valid until such time as the code sections specified are amended to implement this clarification or for other purposes. APPEAL OF DECISION Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. ~^, THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: May 24, 2007 Deaz Mitch, We have received your application, dated May 24, 2007, requesting a land use interpretation and have reviewed it for completeness. Pursuant to Land Use Code Section 26.306.010(C)(3), Rendering of interpretation, the interpretation will be issued within fifteen (15) days of today's date. ^x Your Land Use Application is complete: If there aze not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2780 if you have any questions. You, ca G ow, Planner of A~e Community Development Department G:\city\Jessica\Cases\501 Park Circle Interpretation\CompletenessLetter_PUDNonConformitylnterpretation.doc .~. 1..,- HAAS LAND R~~,ANN1~C~ LL. May 23, 2007 Ms. Jessica Garrow, Planner Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Request for an Interpretation of Title for Section 26.312.030(F) versus Section 26.445, and a Determination of Applicability for 501 Park Circle (Lot 4, Sunny Park North Subdivision) Deaz Jessica and Chris: This letter is a request for a formal Interpretation of Title, pursuant to Section 26.306.010 of the Land Use Code, relating to anon-conforming duplex on an "existing conditions" PUD. 501 Pazk Circle is a lot of approximately 15,186 square feet in size but has slopes in excess of 20%. When slope reductions are taken, the total Lot Area is approximately 11,635 squaze feet. The lot has an existing duplex and is zoned R-15/PUD. The PUD was established when the property was annexed into the City. Based on the underlying zoning, once the slope reduction is taken, the duplex density (2 dwelling units) would be non-conforming. This raises questions related to replacement of the duplex should it be purposefully demolished and the parcel redeveloped: 1. Should the non-conformities chapter, per Section 26.312.030(F) of the Code, be used to determine the FAR permitted on the lot, or should the FAR permitted by the PUD (i.e., the duplex FAR established in the R-15 zone district), per Sections 26.445.020 and 26.445.100(C), be used? 2. Can the owner replace a duplex on the lot when a duplex density is non- conforming once the slope reduction is taken? Alternatively, is the duplex density nonconforming or is it actually in conformance with the Final PUD Plan? It seems that, per Section 26.445.100(C) of the Code, a PUD was established for this lot as an "existing condition PUD," substantiating the density and the allowable FAR for a duplex (i.e., the duplex density is in conformance with the Final PUD Plan). As such, it seems that the PUD section should control redevelopment on the pazcel. Furthermore, Section 26.445.020, Applicability, states that, "...in no event shall adoption • 201 N. MILL STREET, SUITE 108 ASPEN, COLORADO 8161 1 • PHONE: (970) 925-7819 FAX: (970) 925-7395 l /1 m.~ May 23, 2007 501 Park Circle Page 2 of a Final Development Plan be required for the construction of a single detached or duplex residential dwelling on a separate lot, in conformance with the General Provisions of PUD, Section 26.445.090;" and, Section 26.445.040(B), Density, of the Code explains in turn that, "Unless otherwise established pursuant to a Final PUD Development Plan, the maximum aggregate density shall be no greater than that permitted in the underlying zone district, considering the inclusions and exclusions of Lot Area, as defzned, and the mandatory density reduction for steep slopes as described below." Taken all together, the cited Code sections dictate that: a) the existing conditions constitute a Final PUD Plan that "otherwise" establishes an allowable duplex density; and, b) in no event shall adoption of a new/amended Final PUD Plan be required for the construction on the subject lot of a new duplex residential dwelling in conformance with the underlying R-IS zoning. The allowable FAR for the duplex will be based on the Lot Area of the property. In closing, it is respectfully requested that a formal interpretation be provided either confirming or further clarifying the above-described understanding and effect of the cited Code provisions. If you should have any questions or require any additional information, please do not hesitate to contact me. Yours truly, Haas Land Planning, LLC Mitch Haas, AICP Owner/Manager r ~ 4 O ~ O N`" ~~ °~~4° R ~~ ~~ p~ d ~ sw 4 mom" ~. I I I~ ~: r `. ''~,. V C .4 a': `.: m :. ~ 0 c ~, d O '%J F- i~.^~ NV C ~ 6 .. 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