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HomeMy WebLinkAboutagenda.apz.20100803r AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, August 3, 2010 4:30 p.m. regular meeting- Sister Cities Room CITY HALL I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS: A. 15 Harbour Lane -Residential Design Standards VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: 17 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jennifer Phelan, Community Development Deputy Directo~ RE: 15 Harbour Lane -Residential Design Standards Variances -Public Hearin¢ continued from July 6, 2010 DATE: August 3, 2010 Applicant: Dona Stuart Zonin : R-15 A/PUD (Moderate- Density Residential and PUD overlay) Lot Size: +/- 7,000 Squaze Feet Land Use: Single-Family Residence Reuuest Summary: The applicant is requesting Variances from certain Residential Design Standazds Staff Recommendation: Approval of two out of the three vaziances requested. .. _ , ". 15 Hazbour Lane z:.; :;., ,, LAND USE REQUESTS: The applicant is proposing to build a residential addition to the existing residence and a new garage. The applicant is requesting the following land use approvals to redevelop the site with asingle-family residence addition and gazage: • Variance approval from the Residential Design Standazds pursuant to L.U.C. Section 26.410.020 D., Vaziances. A development application for Residential Design Standazds Vaziance shall be approved, approved with conditions, or denied after review and consideration during a duly noticed public heazing by the Planning and Zoning Commission. PROJECT SUMMARY: The applicant has requested approval to build a residential addition onto the existing single- family residence and a new gazage located at 15 Harbour Lane. On July 6`~, the commission approved Stream Mazgin Review and a PUD Amendment with conditions. The approval granted modified the building envelope proposed by the applicant resulting in the need for Page 1 of 3 the applicant to amend her design. The amended design requires three variances from the residential design standazds. STAFF ANALYSIS: B. RESIDENTIAL DESIGN STANDARD VARIANCES: All residential structures in the City of Aspen are required to meet the residential design standazds or obtain a vaziance from the standazds pursuant to Land Use Code Section 26.410, Residential Design Standards. Following aze the variances being requested. 1) Subsection 26.410.040 A.1. Building orientation. The Building Orientation standazd requires that the front facade of the principal structure be parallel to the street. "On curvilineaz streets, the front facade shall be pazallel to the tangent of the midpoint of the azc of the street." Staff Comment: With the site constraints for development ~ ~ I along the riverand the meandering nature of the street, I I Staff feels that the Applicant's request to vary the ~ "° orientation of the building is consistent with the variance `'° ,,, ._ / criteria. Based upon the review criteria, Staff is recommending that the building orientation variance be approved. 2) Subsection 26.410.040A.2. Build-to lines. On pazcels or lots of less than fifteen thousand (15,000) square feet, at least sixty percent (60%) of the front facade shall be within five (5) feet of the minimum front yazd setback line. On corner sites, this standazd shall be met on the frontage with the longest block length. Porches may be used to meet the sixty percent (60%) standard. i , t I ®! ~ I I Yea. No. Yea. Staff Comment: As part of the Stream Margin Review and PUD Amendment, the front yard setback granted was five feet, which is measured from the edge of the private road. Although portions of the building meet the required build-to line, due to the angle of the building in relation to the location of the road, the building cannot meet the standard. Based upon the review criteria, Staff is recommending that the build-to lines variance be approved. 3) Subsection 26.410.040 D.l.b. A covered entry porch of fifty (50) or more squaze feet, with a minimum depth of six (6') feet, shall be part of the front facade. Entry porches and canopies shall not be more than one (1) story in height. Staff Comment: Currently the covered entry porch is 4'- 6" in depth and 10' in width containing 45 square feet and does not meet the minimum standard. Staff recommends that Page 2 of 3 RESOLUTION N0. (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING RESIDENTIAL DESIGN STANDARDS VARIANCES FOR 15 HARBOUR LANE, CITY OF ASPEN, COLORADO. PARCEL ID: 2735-123-00-017 WHEREAS, the Community Development Department received an application from the owner of 15 Hazbotrr Lane for a number of land use reviews to develop an addition to a single- family residence as well as a gazage; and, WHEREAS, the property is located along Castle Creek and is subject to the City's regulations on stream mazgin development; and, WHEREAS, during a duly noticed public hearing on July 6, 2010, upon review and consideration of the recommendation of the Community Development Department, presentation from the applicant, public testimony, and discussion and consideration of the proposal, the Planning and Zoning Commission approved most of the reviews via Resolution No. 15, Series of 2010 and continued the request for Variances from the Residential Design Standazds to August 3, 2010; and, WHEREAS, during a duly noticed public hearing on August 3, 2010, upon review and consideration of the recommendation of the Community Development Department, presentation from the applicant, public testimony, and discussion and consideration of the proposal, the Planning and Zoning Commission approved two out of the three variances requested, by a to (_-~ vote, with the allowances and limitations as outlined in this resolution. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Aaprovals Granted The Planning and Zoning Commission hereby approves the following variances from the Residential Design Standazds for the design presented at the heazing. Vaziances granted aze from Land Use Code subsection 26.410.040 A.1. Building orientation and subsection 26.410.040A.2. Build-to lines. Section 2: Vested Rishts This approval shall be valid for the greater of the three-yeaz period of statutory vested rights, as more precisely defined in the Development Order issued by the Community Development Department. The period of statutory vested rights may be extended pursuant to Chapter 26.308 of the Land Use Code. Until said time, development on this property in compliance with this resolution may proceed to building permit as allowed herein. P&Z Resolution No. Series of 2010 Page 1 the applicant increase the depth of the porch by eighteen (18) inches so that the porch meets the design standard. STAFF RECOMMENDATION: In reviewing the proposal, staff recommends granting two of the three variances. RECOMMENDED MOTION: "I move to approve Resolution No. _, Series of 2010, approving two Residential Design Standards Variances. Specifically, Subsection 26.410.040 A.1. Building orientation and Subsection 26.410.040A.2. Build-to lines, of the Land Use Code for 15 Harbour Lane based upon the design presented." ATTACHMENTS Exhibit A --Residential Design Variance Review Criteria Exhibit B -- Elevations and site plan Page 3 of 3 Section 3• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City"of Aspen on this 3rd day of August, 2010. APPROVED AS TO FORM: Jim True, Special Counsel ATTEST: PLANNING AND ZONING COMMISSION: Stan Gibbs, Chairman Jackie Lothian, Deputy City Clerk List of Exhibits Exhibit A: Site Plan P&Z Resolution No. Series of 2010 Page 2 Exhibit A 2. Variances from the Residential Design Standazds, Section 26.410.040, which do not meet this Section may be granted by the Planning and Zoning Commission, the Boazd of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Chapter 26.415. An applicant who desires to consolidate other requisite land use review by the Historic Preservation Commission, the Boazd of Adjustment or the Planning and Zoning Commission may elect to have the vaziance application decided by the boazd or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standazds shall demonstrate and the deciding boazd shall find that the variance, if granted would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particulaz standard. In evaluating the context as it is used in the criteria, the reviewing boazd may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the boazd feels is necessary to determine if the exception is warranted; or b. Be cleazly necessary for reasons of fairness related to unusual site-specific constraints. (Ord. No. 52-2003, § 5; Ord. No. 20-2005, § 1) Staff Comment.• The existing angle of the of the house affects the location of the house's addition as it relates to building orientation and build - to lines. The proposed addition is an appropriate design considering the existing neighborhood character. ~g , ~~~~~ RESIDENTIAL DESIGN STANDARDS ADDENDUM STUART/ HARBOUR LANE- PROPERTY rc July 22, 201 ~ ~~`~CI V~D C/ JUC 2 2 ?010 w~~~spEH Review-of Residential Design Standards was delayed in order to allow Planning and Zoning to review and decide land use issues of PUD Amendments-and~ea~n-A4argi~Revi~w,- Vie are submitting revised site plan and elevations based on those reselutiox~ The responses in original packet are revised as follows: Section C: Parking Garages and Carports 1 and 2: This section no longer applies as we are no longer including a garage. 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