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HomeMy WebLinkAboutcoa.lu.ca.412 N Mill St..0064.2007City o~spen Community Development Depent CASE NUMBER 0064.2007.ASLU PARCEL ID NUMBER PROJECT ADDRESS 412 N. Mill St. PLANNER Jessica Garrow CASE DESCRIPTION Code interpretation regarding porches REPRESENTATIVE Stan Clausen DATE OF FINAL ACTION 11 /26/7 CLOSED BY Amy DeVault PUBLIC NOTICE RE: INTERPRETATION OF THE LAND USE CODE -PORCH DEFINITION NOTICE IS HEREBY GIVEN that a code interpretation to the definition of Porch, Section 26.104.100 of the City of Aspen Land Use Code, requested by Stan Clauson Associates, was rendered on 11/16/2007 and is available for public inspection in the Community Development Department. Published in the Aspen Times on November 25, 2007 City of Aspen Account PUBLIC NOTICE RE: INTERPRETATION THE LAND USE CODE -PORCH DEFINITIO NOTICE IS HEREBY GIVEN hat a code interprets tion to the definition of Porc ,Section 26.104.100 of the City of Aspen Land U Code, requested by Stan Clauson Associates, was rendered on 11/16/2007 and is available for public inspection in the Community Development Department. Published in the Aspen Times Weekly on Novem ber 25, 2007. (891639) - r. C-'v , '_~- ~ .~ Cc, ~_ ~~ C.. ~_ 4: A~Y?~ _ _ ~~ C G.. ':_ L F~ _ '~ ~;p ~" tr v .., ~ Sri. ` ~ ... '~~ ti ~ yr ` :~ ` ~ _ ~_ V / ~`P "l ~~ •^, ~ ~~ ~~s Y ~~~ r ~. ~ I. ~- ~~ a ~~ ~ ~ ~ ~ S ~' d ~r ~-, ~ ~ ~ ~ ® r;, ~ r~- r- ~ r ~ J p Sao ~~ ~; ~ ~~, a, ~ r, _.~ I~ Z ~ _ _ _ }I e ` ~ ~ J _ J ~ U , , n L c C bA C~ a ~", ~--i .~ U cd H N [Y3 :t d T w 4 -~ ~ N U U ~ OD C o O ~ U w ~. ._ ,, ~- ~ ~ a Q o :~ _ ~~ m m v a m~ N ~ U ~ C7 O U ~ N m ~ p ~ o~,.. r~i o U C U Y ~ M O C Z ., . C M ~ rn We ~ C ~ N ~ ~ Z ~ a Q L N ~~ 00 ~ ~ O j N w (n ~ U o a a _ ~ a O J O C Vl ~ ~ ~ Z Q U ~ ~ ~ a >. N N y a~+ ~" .~+ O w Z U ~ ~ ~ °t' 3 w~ ~ v ~ ~ z aE E R A I v, p N ~ C7 O M .~ j O LLY C ~ O N r ~ _ ~ tD ~ ~ ~ N ~ ~ ~ ~ ~ O O ~ ~ d N N BYO ~ ~ ~ ~ 0100 r r ~ f0 Z a. ~ ~ n ~ a . ~ ... ~ ~~ 0 v c ~; 0 2~ Q N 0 = Z 2 ^ Complete items 1, 2, a,~J 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: ~~~ CIQ.V~O~ S~ IG~,ov~ X11 Z ~~~` m~ 11 51~~ a X Agent B. Recelv~d~by (Printed Name) C Date of~ 'very vv i `~ D. Is delivery address different from Rem 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type ^ Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Deliveyl (Extra Fee) ^ Yes 2. Article Number y1 ?108 2133 3933 3468 3814 (Transfer from service labeq Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES P°"'TAL SERVICE ,First-Class Mail Postage 8, Fees Paid ~- USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • C' o~ f1~~ , Comm~n~~ ~e~Clc~p~ ~ b 5ov 1~n C-~,~~r~._. ~~~ , cc~ ~~~ 1 I #I„I,~,,I1.11,~,,,ll„~lt,,,111,!„11,,,,,1,1„11,11„a„ l.i CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE CODE INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: Section 26.104.100 Section 26.410.040(D) Section 2b.410.040(D)(1)(b) Section 26.575.020(A)(2) EFFECTIVE DATE: WRITTEN BY: APPROVED BY: Date: ~,j +(a ZOD~ November 16, 2007 Jessica Garrow, Long Range Planner Chris Bendon, Community Development Director COPIES TO: City Attorney City Planning staff SUMMARY: This Land Use Code interpretation clarifies the definition of a Porch and applicability of the porch standard in the Residential Design Standards. The xequest was filed by Stan Clauson of Stan Clauson Associates. The requester shall have the right to appeal this code interpretation, as outlined below. BACKGROUND: The requester, Stan Clauson, has requested an interpretation of the Porch definition in conjunction with a project proposed in the R-15 PUD zone district near Ajax Mountain. The site is sloped, and the requestor wishes to receive confirznatian that the porches proposed on all of the building's levels meet the City's definition of porch, and would therefore be excluded from the calculation of Floor Area. DISCUSSION Staff has relied on six (6) sections of the Land Use Code, to render this interpretation. Following are the sections, emphasis added. A. Section 26.104.100, Definitions - Poxch. An un-insulated, unheated area under a roof, enclosed on at least one side by an exterior wall of living space and open on at least two sides to the outdoors, with or without screens. B. Section 26.104.100, Definitions -Deck. An outdoor, unheated area impended to a living space but not intended for living. Porch Interpretation Page 1 of 3 C 4 C. Section 26.104.100, Definitions -Loggia. A deck, or porch attached to a living space and open on at least one side developed under a roo£as an integral part of the building's mass rather than as an appended element. D. Section 26.410.040(D), Residential Design Standards -Building Elements. The intent of the following building elements standards is to ensure that each residential building as street-facinr; architectural details and elements, which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. E. Section 26.410.040(D)(1)(b), Residential Design Standards -Entry Porches. A covered entry porch of fifty (SO) or more square feet, with a minimum depth of six feet (6') shall be part of the front facade. Entrv porches and candies shall be no more than one stow in hei ht. F. Section 26.575.020(A}(2), Floor Area -Decks, Balconies, Poxches, Loggias, and Stairways. The calculation o~the floor area of a building or portion thereof shall not include decks. 'balconies exterior stairways gazebos and'similar eatures unless the area of these features is greater than~fleen LS) percent o,~the maximum allowable floor area of the building (the excess of the 1 S% shall be included). Porches and landscape terraces shall not be counted towards FAR. Citation A states that a porch must be under a roof, that one side must be adjacent to an exterior wall of living space, and open on at least two sides to the outdoors. The definition above does not indicate if the area is or is not intended for living. From Citation B above, a deck is an area adjacent to a living space, but "not intended for living." Citation C states that a loggia is either a deck or a porch that is under a roof as an "integral" part of the building, not an "appended" element. From the above definitions, a porch becomes a loggia when it is an "integral part of the building's mass." A deck becomes a loggia when it has a roof over it and when it is an "integral part of the building's mass." None of the above definitions explicitly states that the elements are intended to be on a certain story of a building. The definition of a porch in Webster's Dictionary, Seventh Edition, is "a covered entrance to a building, usually with a separate roof," or "a place for waiting before entering." This definition clearly outlines that a porch is on the first story, where a building's entrance is located. As a practical matter, when a homeowner expects a delivery, from say UPS, a common statement may be "I will be gone when you are scheduled to deliver my package, please leave it on my porch." In saying this, the homeowner is anticipating that the UPS driver will leave the package on their front or rear porch, located on the first story, and is not expecting the driver to climb up their home to leave the package on a second or third story "porch." Further, the Residential Design Standards, which all new residential buildings must comply with, clearly indicates that porches are intended to be only on the first story. As Citation D states, the intent of the Building Elements section of the Residential Design Standards is to ensure that all residential buildings include street-facing elements that reinforce local building traditions. One local building tradition supported in the design standards is a one-story front porch, outlined in Citation E above. The porch is intended to shield visitors from the elements before they are welcomed into the home. The porch also helps create a pedestrian scale to new development. Porch Interpretation Page 2 of 3 ~""` r.r~+ Because the City believes this local building tradition is important, porches are treated differently than all other building elements in terms of calculating floor area. As Citation F states, porches are exempted from FAR entirely, while decks and loggias are excluded up to 1 S% of the allowable FAR. Once these areas exceed the 15% standard, the excess is counted into floor area calculations. The intent of the porch exemption is not to increase mass by covering a deck and calling it a porch. Rather, the exemption recognizes that the porch is an extension of the private living space in a home that re-enforces local building traditions, and is an architectural element that has a common impression of as being on the first story of a home. INTERPRETATION The Land Use Code requires that decks and loggias be counted into floor area calculations once the elements exceed 15% of the allowable FAR, while porches are entirely exempt from FAR. This difference in calculating floor area illustrates that a deck or a loggia is considered different than a porch. A porch acts as an interface between the public street and the private home and as such is intended to be on the first story to welcome a visitor inta the home. A loggia or a deck acts solely as a space for the homeowners and their invited guests and does not function as an interface between public and private spaces. Therefore, because a deck or a loggia is entirely private space, it can be on any story of the home, while a porch can only be on the first story. This interpretation was provided on November 16, 2007, and shall become effective on November 16, 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. Porch Interpretation Page 3 of 3 ____ 1 ~~ ~ ~% ~/ ~ STAN CLAUSON ASSOCIATES iNc landscape architecture. planning. resort design yiz North Mill Street Aspen, Colorado Si6ii t.97o/9z5-z3z3 f.97o/9zo-i6z8 ~, "` info@scaplanning.com www.scaplanning.com '^+~,,~_ 25 October 2007 Chris Bendon, AICP Community Development Director City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Code Interpretation for Definition of Porch per Title 26-100 of the City of Aspen Land Use Code Dear Chris: I am writing to formally request a Community Development Director Code Interpretation for the above referenced code section which reads: Porch. An un-insulated, unheated area under a roof, enclosed on at least one side by an exterior wall of a living space, and open on at least two sides to the outdoors, with or without screens. Our understanding, for which we would appreciate your confirmation through a code interpretation, is that a porch may occur on any level of the residence as long as it meets the above definition. Clearly, this definition does not indicate that a porch must occur only on the first floor level of a residence. We are proposing a new residence on Lot 1, Moses Lot Split near Aspen Mountain. The design will be similar to a tiered wedding cake where the new building will be stepped into the mountainside. Each level has an un- insulated, unheated area under a roof, enclosed on by an exterior wall of a living space, and open on three sides to the outdoors without screens. By definition, we believe these areas are appropriately deemed to be porches. In support of this interpretation, we refer to the definition of Loggia per the land use code. ` ,._,~ ~.,k ~ 1 ... -- ~r ,~''~>;: Mr. Chri~ndon Code Interpretation Request 25 October 2007 Loggia. A deck, or porch attached to a living space and open on at least one side developed under a roof as an integral part of the building's mass rather than as an appended element. The proposed structures on each level of the residence in question are not loggias because they are appended elements and not "an integral part of the building's mass." Such structures also have been deemed as porches for past developments. These past developments include the Fox Crossing subdivision, in particular houses E and F. Based on this, we believe that the proposed residence for Lot 1, Moses Lot Split would be able to have these porches on each tiered level, which would not count against floor area. This request for an Interpretation of Title is based upon Section 26.306.010 of the City of Aspen Land Use Code and the requisite fee is provided herewith. Please let me know if this request requires any additional clarification. Very truly y Stan Clawson, AICP, ASLA STAN CLAUSON ASSOCIATES, INC. Encl: Interpretation Fee Plan showing proposed porch construction ~J~ i 1(r ~lr ,i %~ ,` ',, ii '';i ~(\5 I C ~~~ . ft~ ,~ je ~. ~ .S Y ~ ~ ~~ ~ ~ -~. ~. ~ ~ ~ ~ ~~ ~ ~ ~~ ... { ~ .~ i~ .~~, ~ ~? ,~ +?~ ~~t,~ ttE~ 1 (~ r ,~ I ~~ ~ . ~}!1 ~ f Z t t r t ~ it~~; ~ ~ 1 i~ f'' ' ~ J~ ~ --_~ s ! 1F ~ ' ~ ~! s ~ 1 ~; _... ---~ ~r 1 ~ i ~ ~ ~ ~ - ..~.~,. ._.... 1 t _.._.. ~ ' '~~ +~ S ,. 1 ~+ l~~ ~~ 1 ~ ~ - _ _..._'..._. _.._. ......._ f t ! ~ ~ ',t ~ ~(r ;; j ~ :ff ~_ r',1 ~ ! j .... ~ (~ _....--_....W..,_.....~.....__.._ ~ 1, _ ..._._. _..-- ~ ~ ~ c:~ I __ _ ..:-- ~ } ~ ~..s ~ ~~~ t _ _ ._.._. .- ~ ~ ~ ~ w__. _....~ _. ~ __ . ~ ~ .._ r- ~ ~ ~~ t ~~~~ z ~- _~-. ~ ~ ~ ~M ~W.~ ~ ~ ...~T ... ri~ r`{ _{4 `)'~...5^~w 'l 1 f ;~ ---- ~ z ~ w ~.. :, __. ~_~ l "~"" C r11'" r / ~.. ~.~% ~~ C .~ ~~ ~,, ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: ~~ so.~ s`'c- G Location: ~ ~ ~ s Indicate street address, lot & block nu ber, le al descri tion where a ro riate Parcel ID # UIRED AYYLICAIV is Name: Address: Phone #: r~t.r 1~r.JL' 1\ l t1 1 a• u Name: ~>i`~JI /~ ~i4yrSvN 50.^r~'lrG~ ~iJC~ Address: ~~/2 N• /~CL ~~T.,P~€1" ~Z~`~/ i Phone #: ~rws n~ ervr rre~rrrnv~ (nleace check a that anolv): ^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use ^ GMQS Allotment ^ Final PUD (& PUD Amendment) ^ Text/Map Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ^ Other: ^ Conditional Use EXISTING CONDITIONS (description of existing buildings, uses, previous approvals, etc.) ROPOSAL (description of proposed buildings, uses, modifications, etc ) /N;~","2t`rH ~DN ,~~ifr~~i ~~i Vic. ~ C.~-f~ f., nf+onhn`l the fnllnwina? FEES DUE: $ ^ Pre-Application Conference Summary ^ Attachment #1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Form ^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ^ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ~M'"., ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: Proposed: Existing: Proposed: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed.•_ Principal bldg. height: Existing: Allowable: Proposed.•_ Access. bldg. height: Existing: Allowable: Proposed:- On-Site parking: Existing: Required: Proposed.•_ Site coverage: Existing: Required.• Proposed:- Open Space: Existing: Required: Proposed: Front Setback: Existing: Required.' Proposed:- Rear Setback: Existing: Required: Proposed:- Combined F/R: Existing: Required.• Proposed:- Side Setback: Existing.• Required.• Proposed:- Side Setback: Existing: Required: Proposed.•_ Combined Sides: Existing: Required: Proposed:- Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~~ ~ ~'~ ~s OG . ~~ ~ (hereinafter APPLICANT) AGREE AS FOLLOWS: ~ APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to .the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ ~~_ which is for _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: Chris Bendon Community Development Director Date: 29 Oc' ~~ Billing Address and elephone Number: %Z '" / /~ A'"`~, THE CITY Of ASPEN ASPEN COMMUNITY DEVELOPMENT 2007 LAND USE APPLICATION FEES (Hourly Rate: 235.00) CATEGORY HOURS DEPOSIT Land Use (Other than BOA and HPC Major Minor Staff Approvals Flat Fee 12 2,820.00 6 1,410.00 3 705.00 Board of Adjustment Historic Preservation Fees Historic Designation Exempt HPC Certificate of No Negative Effect Minor Development Significant, adding <]000 sq. ft. Significant, adding>1000 sq. ft. Demolition (40% of structure or more) Relocation (Off-site) Insubstantial Amendment Substantial Amendment Other Fees Development Order Recordation Fee Land Use Code Interpretation Appeal of Board or Administrative Decisions* (*If applicant's appeal is approved, Land Use Fees will be refunded) Referral Fees Environmental Health Major Ho_ urine Major Minor City En ineer Major Minor 3 705,00 6 1,410.00 l2 2,820.00 12 2,820.00 12 2,820.00 3 705.00 3 705.00 FLAT FEE 560.00 265.00 0.00 0.00 235.00 0.00 40.00 50.00 391.00 391.00 204.00 391.00 204.00 Parks Major 391.00 Minor 204.00 r,, , THE CITY OF ASPEN Land Use Application Determination of Completeness Date: November 6, 2007 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0064.2007.ASLU Interpretation. The planner assigned to this case is Jessica Garrow. ^ Your Land Use Application is incomplete: We found that the application needs additional complete and for us to begin reviewing it. We contents for you application: 1. 2. 3.> items to be submitted for it to be deemed need the following additional submission Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing- items listed above, to begin the land use review process. then your application has been deemed complete Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, ~l;/1/ti, Jennifer el n, Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\My Documents\Templates\Completeness Letter Land Use.doc ,~*-, File Edit Record... NaWgate Form Reports format Tab help ~~ -:-. .~ ~::J LJ ~t~ ' ~~ -~ J ~1 _i ~ ~-~~- i ~~~~ ~ ~ rJ~ ~-; -- - --- - _ ~, Main+ Custom Fields I Actions ~ Feed ~ Fee Summary ~ ~aluatiat g~' P 1 _ ~ o - ,,~ ., m ~r~ Parcels' ~ Sub ~arm~a ~ Conditions ~ Ro~g~listory ~ ~' ~ ii erm~ Type aslu Aspen Land Use p&~;~ 064.2007.ASLU ~ ~ o ~-, ' Address 412 N MILL ST Ci A m_ ~ AptlSuite ~ ~ ty SPEN State CO ~ 81611 ~, Permit IntormaGon Master Permit ~~ ~ Routeiggr~ue aslu07 ...... Applied 10/29J2007 o -- ~ `° ~ Project ~ Statua Pending Approved ~ Description INTERPRETATION REGARDING PORCHES Issued ~~ Final ~~~ Submrtted STAN 925.2323 Cock Running Da s ~`--0 y i Expves 1OJ23J20o8 Owner _ d Last Name CLAUSON ~~ 0 __~ -W----~- ~, First Name STAN M Phone (97 956 ASPEN CO 81611 j ~ OwnerlsApplicant? i Applicant _-:_~ Last Name CLAUSON w ~ _... .. _. First Nama STAN 200 E MAIN ST ~~` Phone (970) 925-1956 Cust ZZ 27974 ~ ASPEN CO 81611 ~ Lender __~ ._ Last Name ~l _ ~._..,_- _ _ _ - .