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HomeMy WebLinkAboutcoa.lu.cu.126 Park Ave.A075-98W A ~ ~Yi ~,° ~~ ,~ ~ ~~ lur 6i~ ~~!,,~~,~µ~ ~w'r ~zcur~.i r7ivi '~ BT' ~w~~r`d,~e%- ~, RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF BOTH A VARIANCE FROM STANDARD 26.58.040(B)(1) OF THE RESIDENTIAL DESIGN STANDARDS AND FOR A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT TO BE LOCATED IN THE ADAIR DUPLEX, 126 PARK AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-181-00-034 Resolution #98 - ~'~ WHEREAS, the Community Development Department received an application from Arja Adair, owner and applicant, for a Conditional Use Review for an Accessory Dwelling Unit of approximately five-hundred-and-ninety-four (594) squaze feet to be located in a proposed duplex at 126 Pazk Avenue, City of Aspen; and, WHEREAS, the pazcel is approximately 4,953 squaze feet and located in the Medium-Density Residential (R-6) Zone District; and, WHEREAS, pursuant to Sections 26.28.040, Medium-Density Residential, 26.40.090, Accessory Dwelling Units, and 26.60.040, Standazds Applicable to All Conditional Uses, of the Aspen Municipal Code, Accessory Dwelling Units in the R-6 Zone District may be approved, at a public hearing, by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Sections; and, WHEREAS, pursuant to the provisions of Chapter 26.22 of the Aspen Municipal Code, the Planning and Zoning Commission may grant variances from any one or more of the Residential Design Standards of Chapter 26.58; and, WHEREAS, the Housing Office, Aspen Consolidated Sanitation District, City Engineering, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing at a regular meeting on December 8, 1998, and January 5, 1999, the Planning and Zoning Commission approved, by a seven to zero (7 - 0) vote, the variance from Standazd 26.58.040(B)(1) ofthe Residential Design Standazds, and a Conditional Use for an Accessory Dwelling Unit to be located in the proposed Adair Duplex, 126 Pazk Avenue, with the conditions recommended by the Community Development Depaztment, as amended by the Commission during the hearing. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for an Accessory Dwelling Unit of approximately five hundred ninety-four (594) squaze feet to be located in the proposed Adair Duplex, 126 Pazk Avenue, is approved with the following conditions: 1. The applicant shall rectify all property boundary adjustments prior to applying For a building permit. A Lot Line Adjustment Plat may be approved by the Community Development Director pursuant to Section 26.88.030. 2. The Building Permit application shall include/reflect: a. a signed and recorded copy of this Planning and Zoning Commission Resolution; .., b. a current Site Improvement Survey signed by a registered Land Surveyor; c. a drainage report and a drainage plan, prepared by a Colorado licensed Civil Engineer, including a erosion control plan which maintains sediment and debris on- site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements; d. a recorded agreement to construct sidewalk, curb, and gutter for the contiguous portions of Park Avenue; e. a recorded agreement to join any future improvement districts for the purpose of constructing improvements which benefit the subject property under an assessment formula; f. a recorded property deed restriction for the Accessory Dwelling Unit, a form for which may be obtained from the Housing Office. The deed restriction shall be noted on the building permit plans; g. that the proposed ADU is labeled as such, meets the definition of an Accessory Dwelling Unit, and contains between 600 and 700 square feet of net livable space; h. that the ADU is able to function as a separate dwelling unit having a separate entrance and containing a kitchen (having a minimum of a two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom; i. that the ADU has the minimum one (1) off-street parking space of standard size (18' x 8.5') provided on-site and not encroaching on public rights-of--way. The ADU parking space shall be labeled on the permit plans; j. that the two driveways are separated by at least twenty (20) feet; k. that the ADU meets all applicable UBC requirements for light, sound attenuation, and air ventilation; 1. compliance with the dimensional requirements of the R-6 Zone District. Property hiatuses shall not contribute to the calculation of allowable Floor Area for the property; and, m. compliance with the service requirements of the Aspen Consolidated Sanitation District, a completed tap permit, and payment of all connection charges due to the ACSD. 3. The "one-story element" Residential Design Standard requirement is satisfied as provided in the land use application drawings without the provision of an overhang above the northern-most garage. If approved, this condition represents a variance from the one-story element provision (26.58.040(B)(1)) of the Residential Design Standards based on a finding that variance criterion "B" of Section 26.22.010 has been met. 4. All utility meters, and any new or relocated utility pedestals or transformers must be installed on the applicant's property and not in any public right-of--way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements, if any, must be delineated on a revised site improvement survey prior to issuance of a Certificate of Occupancy. Meter locations must be accessible for reading and may not be obstructed. 5. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. Also, no excavation can occur within the drip line of the tree(s) to be preserved and no storage of fill material can occur within this/these drip line(s). 6. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. The applicant shall inform the contractor of this condition. R 4~ 7. The applicant must receive approval for any work within public rights-of--way from the appropriate City Department(s). This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 8. The applicant shall record this Planning and Zoning Commission 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. 9. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless amended by an entity with the authority to do so. 10. If shrubbery on either side of the AbU window wells is not accepted by the Chief Building official as meeting proper safety requirements, the applicant shall accommodate the Uniform Building Code requirement with the provision of grates over the window wells. APPROVED by the Commission at its regulaz meeting on January 5, 1999. APPROVED AS TO FORM: Ci Attorney PLANNING AND ZONING Robert Blaich, Chair ~ ATTEST: kie Lothian, Dep ty City Clerk 1,5.a~ ~-~ ~~U ~' ~ ~~"~ ord, l1 ~ I ~ ~ w~ ~ o~ce~otu~t ~ ~0 . I I - v ~ -a d ~~ A_ { ~ d~ ti ~ C u f X m 0 A a m b u ~. P ~ ~ I4 ~- i C o J I~ o ~ ~ ~a I~ Z2'-6' 17'-O' I'-9 7'-0 2'-9' 41'-O' v d m b u b u •i m u 2 U s 111 ~ J a . ~ Q A-! ~ -~ C~' _ ~~ Q ~ Q a _ I cti I ~' a_ 4 -c s Q . ., ~ ,;; ,d• 6~~ - ,p~ \ f 1l ~ ~ ~~~~ v~ ~ `~ ;;~~ \ \. ~ '~ \ I \\~' 41 C ~- a ~l~'v~" s~ 5 d Y ; ~1~.+~JI N b r z x a 0 0 a d a e u a P Q _ ~ ~ 4F i~ r 4'-0' ~ ~e ~ ~ I lu C ° ~ T ~ r^- ~ O] ~ C . /1 ~~ IA WW I~ /, ~~ S r pi Z 77._6. -~ I~,_O• I._q_1.~_ ~..y_ r ~ 41'-O' a d u b b a 1N V U 1 m b AI S u b _~ .~ C'~ ~.~ ,`, .~ ,,. ~~ ~.. ~_~ ~, ~~ , ~ 4J ~ ~ ~`~\ ~' ./i~ r. ~~ ~ ~ ~ ' ~ ~,, y ~~ w ~:. W •~ ~. `u. ` 1 ` \ •~` 4 ~'*, 1 ~ ` ~~ ~.~ ~.\ \ ~..,~' ,`~, R .~ ~ ~ ~ .! . ~ ~\\~ ~~ ~~ A~ --- .,~ ,~ ,, ~~ ~~ ~/ ~. '~- d z -r ~ ry' V D d V Jm ~~ MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Developrl7ent Director DATE: January 5, 1999 SUMMARY: Arja Adair, owner, has applied for Conditional Use approval for an Accessory Dwelling Unit in a proposed duplex at 126 Park Avenue. The property is a 4,953 square foot lot, zoned R- 6, with an existing non-conforming duplex. The applicant is proposing to demolish the existing "A-frame" and redevelop the site with a new duplex and a 594 square foot Accessory Dwelling Unit. Replacement after demolition does require an exemption from GMQS. Construction of a 600 square foot ADU or two 300 square foot ADUs provides for (~~~ such an exemption. The proposed ADU needs to be enlarged by at least 6 square feet to qualify for the GMQS exemption. Mitch Haas, Interim Deputy Duector FROM: Christopher Bendon, Planner C~~ RE: Adair Conditional Use for an A/ccessory Dwelling Unit, 126 Park Avenue -- Public Hearing (continued from December 8, 1998.) The Commission reviewed this application in October and December and provided the applicant with some feedback on the parking situation and Residential Design. The applicant has addressed the parking and residential design concems and has provided more information about natural light and ventilation to the ADU. The applicant has also reduced the ADU from atwo-bedroom unit to a one-bedroom thereby reducing the parking requirement by one space and providing more e- l inure living conditions for the basement resident. The applicant has provided this additional information in the amended application. In N(iy,addition, the applicant will provide information at the hearing to address additional concerns not completely delineated in the provided set of drawings, such as grade changes between the adjacent property to the north and a larger detail of the egress windows. The applicant's project is in compliance with the one-story element provision of the Residential Design Standards. However, the overall design may benefit from the removal of the overhang element above the garage, and the Commission may want to consider the merits of grantin a variance so that it may be removed. Staff feels it important to point out the following: 1) he~plicant can meet the standard with the proposed design and is not asking for a waiver, even if their instinct is to not provide the overhang;~~taff supports a variance since the proposed method of meeting the standard involves a "do-dad" that could detract from the overall design; and,~the notice of public hearing already includes the design waiver request, and the Commission has jurisdiction to consider the waiver. Staff 1 believes this waiver meets criterion "B" of the Residential Design variance standards. A recommended condition of approval providing for this variance has been included and must be removed if the Commission so decides. This ADU provides for the ability to function individually. There is no internal connection to the primary residences, the unit includes those facilities required by the Housing Authority, and the applicant has represented that an electrical panel specific to the unit would be provided. The mechanical area for the entire structure will not be accessible from the ADU. This however, is not a requirement of the ADU provisions but merely a staff preference. And, staff generally encourages the applicant to provide for such access only if the change does not require a significant modification to the floor plans. The applicant is no longer requesting any variances, and staff believes this application meets all criteria for an ADU, as more fully described in Exhibit A. Staff recommends the Planning and Zoning Commission approve this Conditional Use for an Accessory Dwelling Unit at the proposed Adair Duplex, with conditions. Although not specifically requested, staff also recommends approval of a variance from the one-story element provision (26.58.040(B)(1)) of the Residential Design Standards. APPLICANT: Arja Adair, owner. Represented by David Muckenhirn. LOCATION: 126 Park Avenue. ZONING: Medium Density Residential (R-6). LOT SIZE: 4,953 square feet. LOT AREA (FOR PURPOSES OF FAR CALCULATION): 4,953 square feet as represented by applicant. This may be reduced if there exists any easements or slopes in excess of 20%. This information is subject to confirmation by the City Zoning Officer during the review of building permit applications. FAR: 3,286 square feet as represented by the applicant. This information is subject to confirmation by the City Zoning Officer during the review of building permit applications. CURRENT AND PROPOSED LAND USE: Duplex residence (non-conforming structure). PREVIOUS ACTION: The Commission considered this application on October 6, 1998, continued the public hearing to December 8, and continued to this date, January 5, 1999. Concerns raised in the two prior hearings were compliance with the Residential Design Standards and parking. REVIEW PROCEDURE: Conditional Use. The Commission shall approve, approve with conditions, or disapprove the application at a public hearing. Residential Design Appeals. The Design Review Appeal Committee (DRAG), or any other board from which land use approval is required, shall approve, approve with conditions, or disapprove the application at a public hearing. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." Referral comments have been included as Exhibit "B: ' The application has been included as Exhibit "C." RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the Conditional Use for an Accessory Dwelling Unit at the proposed Adair Duplex, 126 Park Avenue, with the following conditions: 1. The applicant shall rectify all property boundary adjustments prior to applying for a building permit. A Lot Line Adjustment Plat may be approved by the Community Development Director pursuant to Section 26.88.030. 2. The Building Permit application shall include/reflect: a. a signed and recorded copy of this Planning and Zoning Commission Resolution; b. a current Site Improvement Survey signed by a registered Land Surveyor; c. a drainage report and a drainage plan, prepared by a Colorado licensed Civil Engineer, including a erosion control plan which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements; d. a recorded agreement to construct sidewalk, curb, and gutter for the contiguous portions of Park Avenue; e. a recorded agreement to join any future improvement districts for the purpose of constructing improvements which benefit the subject property under an assessment formula; f. a recorded property deed restriction for the Accessory Dwelling Unit, a form for which may be obtained from the Housing Office. The deed restriction shall be noted on the building permit plans; g. that the proposed ADU is labeled as such, meets the definition of an Accessory Dwelling Unit, and contains between 600 and 700 square feet of net livable space; h. that the ADU is able to function as a separate dwelling unit having a separate entrance and containing a kitchen (having a minimum of a two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom; 3 i. that the ADU has the minimum one (1)off-street parking space of standard size (18' x 8.5') provided on-site and not encroaching on public rights-of--way. The ADU parking space shall be labeled on the permit plans; j. that the two driveways are separated by at least twenty (20) feet; k. that the ADU meets all applicable UBC requirements for light, sound attenuation, and air ventilation; 1. compliance with the dimensional requirements of the R-6 Zone District. Property hiatuses shall not contribute to the calculation of allowable Floor Area for the property; and, m. compliance with the service requirements of the Aspen Consolidated Sanitation District, a completed tap permit, and payment of all connection charges due to the ACSD. 3. The "one-story element" Residential Design Standard requirement is satisfied as provided in the land use application drawings without the provision of an overhang above the northern- most garage. If approved, this condition represents a variance from the one-story element provision (26.58.040(B)(1)) of the Residential Design Standards based on a finding that variance criterion "B" of Section 26.22.010 has been met. 4. All utility meters, and any new or relocated utility pedestals or transformers must be installed on the applicant's property and not in any public right-of--way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements, if any, must be delineated on a revised site improvement survey prior to issuance of a Certificate of Occupancy. Meter locations must be accessible for reading and may not be obstructed. 5. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. Also, no excavation can occur within the drip line of the tree(s) to be preserved and no storage of fill material can occur within this/these drip line(s). 6. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of--way unless specifically approved by the Director of the Streets Department. The applicant shall inform the contractor of this condition. 7. The applicant must receive approval for any work within public rights-of-way from the appropriate City Department(s). This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 8. The applicant shall record this Planning and Zoning Commission 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. 9. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless amended by an entity with the authority to do so. 4 RECOMMENDED MOTION: "I move to approve the Conditional Use for an Accessory Dwelling Unit at the proposed Adair Duplex, 126 Park Avenue, with the conditions outlined in the Community Development Department memo dated January 5, 1999." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Referral Comments Exhibit C -- Development Application c:chris/cases/ 126~ark/pz_memo2.doc 5 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF BOTH A VARIANCE FROM STANDARD 26.58.040(B)(1) OF THE RESIDENTIAL DESIGN STANDARDS AND FOR A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT TO BE LOCATED IN THE ADAIR DUPLEX, 126 PARK AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-181-00-034 Resolution #98 - WHEREAS, the Community Development Department received an application from Arja Adair, owner and applicant, for a Conditional Use Review for an Accessory Dwelling Unit of approximately five-hundred-and-ninety-four (594) square feet to be located in a proposed duplex at 126 Park Avenue, City of Aspen; and, WHEREAS, the pazcel is approximately 4,953 squaze feet and located in the Medium-Density Residential (R-6) Zone District; and, WHEREAS, pursuant to Sections 26.28.040, Medium-Density Residential, 26.40.090, Accessory Dwelling Units, and 26.60.040, Standards Applicable to All Conditional Uses, of the Aspen Municipal Code, Accessory Dwelling Units in the R-6 Zone District may be approved, at a public hearing, by the Planning and Zoning Commission as Conditional Uses in conformance with the. requirements of said Sections; and, WHEREAS, pursuant to the provisions of Chapter 26.22 of the Aspen Municipal Code, the Planning and Zoning Commission may grant variances from any one or more of the Residential Design Standards of Chapter 26.58; and, WHEREAS, the Housing Office, Aspen Consolidated Sanitation District, City Engineering, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing at a regulaz meeting on December 8, 1998, and January 5, 1999, the Planning and Zoning Commission approved, by a to (___-~ vote, the variance from Standard 26.58.040(B)(1) of the Residential Design Standards, and a Conditional Use for an Accessory Dwelling Unit to be located in the proposed Adair Duplex, 126 Park Avenue, with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for an Accessory Dwelling Unit of approximately five hundred ninety-four (594) square feet to be located in the proposed Adair Duplex, 126 Park Avenue, is approved with the following conditions: 1. The applicant shall rectify all property boundary adjustments prior to applying for a building permit. A Lot Line Adjustment Plat may be approved by the Community Development Director pursuant to Section 26.88.030. 2. The Building Permit application shall include/reflect: a. a signed and recorded copy of this Planning and Zoning Commission Resolution; b. a current Site Improvement Survey signed by a registered Land Surveyor; c. a drainage report and a drainage plan, prepared by a Colorado licensed Civil Engineer, including a erosion control plan which maintains sediment and debris on- site during and after construction. If a ground recharge system is required, a soil percolation report will be required to con•ectly size the facility. A 2-year storm frequency should be used in designing any drainage improvements; d. a recorded agreement to construct sidewalk, curb, and gutter for the contiguous portions of Park Avenue; e. a recorded agreement to join any future improvement districts for the purpose of constructing improvements which benefit the subject property under an assessment formula; f. a recorded property deed restriction for the Accessory Dwelling Unit, a form for which may be obtained from the Housing Office. The deed restriction shall be noted on the building permit plans; g. that the proposed ADU is labeled as such, meets the definition of an Accessory Dwelling Unit, and contains between 600 and 700 square feet of net livable space; h. that the ADU is able to function as a separate dwelling unit having a separate entrance and containing a kitchen (having a minimum of a two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom; i. that the ADU has the minimum one (I) off-street parking space of standard size (18' x 8.5') provided on-site and not encroaching on public rights-of--way. The ADU parking space shall be labeled on the permit plans; j. that the two driveways are separated by at least twenty (20) feet; k. that the ADU meets all applicable UBC requirements For light, sound attenuation, and air ventilation; I. compliance with the dimensional requirements of the R-6 Zone District. Property hiatuses shall not contribute to the calculation of allowable Floor Area for the property; and, m, compliance with the service requirements of the Aspen Consolidated Sanitation District, a completed tap permit, and payment of all connection charges due to the ACSD. 3. The "one-story element" Residential Design Standard requirement is satisfied as provided in the land use application drawings without the provision of an overhang above the northern-most garage. If approved, this condition represents a variance from the one-story element provision (26.58.040(B)(1)) of the Residential Design Standards based on a finding that variance criterion "B" of Section 26.22.010 has been met. 4. All utility meters, and any new or relocated utility pedestals or transformers must be installed on the applicant's property and not in any public right-of--way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements, if any, must be delineated on a revised site improvement survey prior to issuance of a Certificate of Occupancy. Meter locations must be accessible for reading and may not be obstructed. 5. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. Also, no excavation can occur within the drip line of the tree(s) to be preserved and no storage of fill material can occur within this/these drip line(s). 6. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of--way unless specifically approved by the Director of the Streets Department. The applicant shall inform the contractor of this condition. 7. The applicant must receive approval for any work within public rights-of--way from the appropriate City Department(s). This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 8. The applicant shall record this Planning and Zoning Commission 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. 9. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless amended by an entity with the authority to do so. APPROVED by the Commission at its regular meeting on January 5, 1999. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jasmine Tygre, Interim Chair Jackie Lothian, Deputy City Clerk Exhibit A Adair Duplex STAFF COMMENTS: ADU Review Criteria Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standazds of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Findine: Replacement of a demolished residence requires an exemption from GMQS. A deed restricted Accessory Dwelling Unit is consistent with the purposes, goals, objectives, and standazds of the Aspen Area Community Plan and qualifies as an exemption from Growth Management. For a duplex exemption, the ADU must be at least 600 square feet in size. Accessory Dwelling Units are a conditional use in the R-6 Zone District. (B) The conditional use is consistent and compatible with the chazacter of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Findine: The surrounding land uses aze mixed single- and multi-family residential. There are existing ADUs in the immediate area. The applicant has provided a plan that accommodates the required parking spaces. The City Engineer has reported that the improvement survey and the physical layout of the property do not exactly coincide. Apparently, there was a surveying error at the time of a minor property line adjustment with a neighbor which "shifted" the entire property instead of the one property line. The applicant should be required to re-record an accurate survey, as recommended in staff's conditions of approval. In addition, the two driveways need some separation. The City Engineer is suggesting 20 feet between the two curb cuts, and staff is recommending this as a condition of approval. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, hash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding; Due to the relatively small size of the property, accommodating the parking and Residential Design Standards has been problematic for this applicant. However, the applicant is not requesting any waivers as the requirements for parking and residential design have been met. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Comments page 1 Staff Findine: Park fees are payable at the time of building permit issuance for the difference in the number of bedrooms per unit. Infrastructure capacity is sufficient for this development and utilities are available. The sanitary sewer lines from the street to the structure will need to be upgraded for this development. The applicant will need to complete a tap permit for sanitation service and is subject to connection fees. The ACSD may require the provision of sepazate taps for each unit. The recommended conditions of approval reflect and account for these requirements. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Findine: The conditional use mitigates itself. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Findine: The Commission may waive the parking requirement for the ADU in the conditional use process. The azea, however, has little on-street parking available to absorb the impacts of the waiver and staff advises against waiving the requirement. The proposed design meets all provisions of the Residential Design Standazds. Section 26.40.090, Accessory Dwelling Units A. General Provisions 1) Accessory Dwelling units shall contain not less thanthree-hundred (300) square feet and no more than seven-hundred (700) squaze feet of net livable area. The unit shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking space shall be provided on- site for each studio unit, and for each bedroom within a one or two-bedroom accessory dwelling unit. Staff Findine: The proposed ADU is approximately 594 squaze feet in size in a one- bedroom configuration. The ADU should be 600 square feet in size for a GMQS exemption for the two units of the proposed duplex. 2) An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. Staff Finding The applicant's permit plans will be reviewed with respect to the R-6 Zone District. The applicant may preserve the non-conforming duplex with this redevelopment. 3) A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, exempting parcels with existing structures to be converted to detached accessory dwelling units, detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or carport. Detached accessory dwelling units are prohibited within the R-15B zone district. Staff Findine: The ADU would be attached to the primary residences. Staff Comments page 2 4) An attached accessory dwelling unit shall utilize alley access to the extent practical. Staff Findine: There is no alley which serves this property. A. Development Review Standards. 1) The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year-around occupancy, shall not create a density pattern inconsistent with the established neighborhood. Staff Finding; The ADU is subordinate in character to the primary units. The non- conforming status of the existing duplex represents a doubling of the permitted density. However, there are several non-conforming lots and buildings in the area and several of these have Accessory Dwelling Units. Generally, staff is of the opinion that residential density in the already urbanized areas of town should be encouraged, especially when the units are designated to serve the local workforce. 2) Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall fmd that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be vazied: a. Minimum front and rear yazd setbacks b. Minimum distance between buildings on the lot. c. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units. d. The side yard setback shall be a minimum of three feet. e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be varied at the rear one-third (1/3) of the parcel, however, the maximum height of the stmcture shall not exceed eighteen (l8) feet. On Landmark Designated parcels and within the Historic Overlay District the HPC shall have the ability to make height variations. L Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site coverage vaziations. g. In the case where the proposed detached accessory dwelling unit is located on a Landmark Designated Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards of Section 26.40.070(B) Staff Finding The applicant is not requesting any variations from the dimensional requirements. 3) The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from 26.40.070(B)(2)(a-g) provided that the nonconformity is not increased. Staff Findine: Not applicable. The non-conforming structure is not being converted to an ADU. 4) Conditional use review shall be granted pursuant to Section 26.60.040 Standards applicable to all conditional uses. Staff Comments page 3 Staff Findine: Refer to Staff Comments for Conditional Use review, above. C. Bandit Units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. Staff Findine: Not applicable. This is not a bandit unit. D. GMQS/Replacement Housing Credits. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting the housing size, type, income and occupancy guidelines of approval of the housing designee and the standards of Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen, Colorado, `Residential Multi-Family Housing Replacement Program.' Staff Findine• Not applicable. E. FAR for Accessory Dwelling Units. For the purposes of calculating floor azea ratio and allowable floor area for a lot whose principle use is residential, the following shall apply: the allowable floor area for anabove-grade attached accessory dwelling unit shall be excluded to a maximum of three-hundred-fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional use review and approval, Section 26.60.030 of this code, and the units must be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. An Accessory Dwelling Unit separated from a principal structure by a distance of no less than ten (10) feet with a maximum footprint of four hundred fifty (45) square feet, shall be calculated at fifty (50) percent of the allowable floor area up to seven hundred (700) square feet of Floor Area. Any element linking the principal structure to the accessory structure may be no more than one (1) story tall, six (6) feet wide, and ten (10) feet long. Staff Finding The unit does not qualify for a Floor Area exemption and the applicant is not requesting a Floor Area bonus. STAFF COMMENTS: Residential Design Standards The application meets all requirements for Residential Design. It is important for the Commission to understand the applicant is not requesting any waivers. Staff is suggesting a partial waiver from the one-story element requirement to eliminate a portion of the applicant's proposal which may detract from the overall design. ONE-STORY ELEMENT: The applicant's proposed development is in compliance with the following Residential Design Standard: Staff Comments page 4 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 Findine: The one-story element criteria was established to encourage pedestrian scaled facades and to break-up the overall massing of buildings. To that end, the applicant has provided a design in compliance with the standard. While the applicant is in compliance and does not wish to seek a variance, staff does not believe this extra "do-dad" contributes to the neighborhood characterin a way envisioned by Ordinance 30, Series 1995. In this case, waiving the standard may better meet the overall goal of appropriate neighborhood design. b) amore effective method of addressing standard in question; or, Staff Finding The applicant has met the standard with the one-story element on the south side of the building and the garage roof overhang on the northern-most garage. This second feature, staff feels may detract from the overall design. Staff still believes the best approach may have been to provide one-story porches on the front facade. But in Tight of the applicant's compliance with the standards and ability to proceed to building permit with the proposed roof overhang, staff believes a better design could be provided without compliance. In most situations where an applicant has proposed a design in compliance, staff does not have the opportunity to waive standards to better a design. Only when a project is under review by a discretionary Board does staff have the ability to suggest "bending" the rules. This is an opportunity for the Commission to better this design by waiving the rules which, otherwise, may result in a complying "do-dad." c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Findine: The site is small, but aone-story element could be provided. Houses on both sides have one-story elements. c: Chris/cases/ 126yark/pz_ex_a2.doc Staff Comments page 5 '~ ~I q l r ~j r;~ylolzA:~Inu~I To: Chris Bendon, Project Planner i Thru: yuck Adeh, City Engineer Gj ~: From: Ross C. Soderstrom, Project Engineer ~s Date: October 3, 1998 /` "~ Re: Adair - ADU Conditional U se Review Phys:_ .1 Address: 136 Park Avenue, City of Aspen, CO Legal Description: "Hobgood" Lot, Hobgood-Buress Subdivision Exception, City of Aspen, CO [Sea 7, T10S, R84~V] Parcel ID No.: xxxx-xxx-xx-xxx After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: 1. Changes in Conditions: If the proposed use, density, or timing of construction of the project change, or the site, grading, drainage, pazkine or utility plans for this project change subsequent to this review, a complete set of the revised plans shail be provided to the Engineering Dept. for review and re- evaluation. The discussion and recommendations given in this memorandum apply to the application and plans (received September la, 1998) provided for this review and such comments and recommendations may change in response to changes in the use. density, or timing of the construction of the project, or changes in the site, grading, drainage, pazking or utility designs. The applicant will be required to complete the standard requirements and conditions associated with the form(s) of development requested in the appiication. 2. Property Boundaries: As noted by the surveyor, John Howorth, PLS, on the Improvement Survey provided in the application, the lot lines established for this property in the Hobgood-Buress Subdivision Exception Plat do not cQinci$~with the physical layout of the lot and the survey monuments / which exist around the property. The applicant will need to complete the re-survey of the property and provide a corrected Subdivision Exception Plat before the issuance of a building permit for the property. . The Subdivision Exception Plat shall include a definitive delineation of the right-of--way edge on the west side of Park Avenue to verify the right-of--way width in front of this property. If the existing Right-of--Way ~ is less than 50 ft in width, (after the correction of the survey error), dedication of Might-Of--Way maybe necessary to provide adequate Right-Of--Way width for driving and pazking lanes, sidewalk azea and public improvements. A final recommendation will depend upon the results of the re-survey and existing Right- Of--Way conditions. I OF 3 DRCM3298.DOC Memo' Adair - ADU Conditional Use Review 3. Utility Services, Trash and Recycling Areas: The application materials do not indicate proposed utility service locations however; utility service connection points, meters, cabinets, etc., need to be accessible to service personnel in the completed project and not obstructed by gazbage or recycling containers. other structures or landscaping. All existing and any new easements for utilities shall be shown ~ on the revised Subdivision Exception Plat and the final improvement plans submitted for the building pezmit. The existing overhead utilities should be routed underground in the re-developed project. 4. Site Drainage: The new development cannot release more than historic (pre-development) storm run-off flows from the site. Released run-off must be in non-concentrated discharge and any increase in historic storm run-off flows must be first routed and detained on the site. A drainage report and drainage plan (including erosion and sedimentation control measures 1 completed and stamped by a Colorado licensed civil engineer will be required for the project to accommodate the drainage flows originating from the site. Precipitation intensity curves for a two yeaz (2 vr.) storm frequency should be used in designing the drainage improvements. If a ground injection or re-chazge type drainage system is proposed, the percolation rate of the soils will need to be measured and reported in a geotechnical report, and included as the basis for sizing the infiltration system. The drainage report and plan, and the geotechnical report, if any, will be included with the plan set prior to submittal for the building permit application. 5. Driveways & Parking Area: The application indicates two (2) driveways plus a double pazking area at the south end of the property. This configuration is inconsistent with the standard for residential driveways even with an exception for the lot configuration (non-conforming) and proposed duplex development. The double driveway should be limited to 18 ft in width between the edge of pavement and the property line. If a second 'riveway is installed, it should be a single driveway (of 10 ft width) with 't twenty (20) ft separation from the other driveway to maximize on-street pazking area. The additional pazking spaces required for the two ADUs will need to be accessible from one of the approved driveways. As from multiple entries from the property to Park Avenue which is already congested due to on-street pazking, the varying right-of--way width, and varying aligrunent and grade of the street. The required number of pazking spaces meeting the dimensional requirements and lying entirely within the property boundaries must be shown in the site plan submitted with the building permit plan set. 6. City Water Dept.: The owner will need to provide individually metered water services for each sepazate living unit and separate service lines to each of the duplex units. V,_ Aspen Consolidated Sanitation District: The owner will need to verify with the District '~ the sewer service to the property and comply with the normal standazds for additional services including separate services for each duplex. 2 OF 3 DRCM3298.DOC iNemo: Adair - ADU Conditional Use Review 8. Building Requirements: If the building is greater than x,000 sf, it will need to be fire sprinkled. The heating appliances require direct access for conventional appliances within the unit served and adequate ventilation. Direct-vented appliances may be an alternative in the proposed floor plan. 9. Sidewalk, Curb & Gutter: A ~ ft wide pedestrian space should be shown on the site plan submitted with the building permit application. Although no curb, gutter or sidewalks are planned for this ~~ azea, the applicant should execute a curb, ~tttter and sidewalk agreement for recording prior to building permit issuance. 10. Improvement Districts: The propem owner is required to join any future improvement districts formed for the purpose of constructing public improvements winch benefit the property under an ~~ assessment formula. The agreement would be executed and recorded prior to the issuance of a building permit. 1 L As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to (9~ the Aspen/Pitkin County Information Services Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 12. Work in the Public Rights-of--Way: Given the continuous problems of unapproved work and development in public rights-of--way and easements, we advise the applicant as follows: The applicant must receive approval from: City Engineering (920-5080) for design of improvements, including landscaping and grading, within public rights-of--way; Pazks Depamnent (920-~ 120) for vegetation species and placement, and irrigation / systems; Streets Department (920-~ 130) for mailboxes, street and alley cuts; and shall obtain permits for any work or development, including landscaping, within public rights-of--way from the City Community Development Department (920-X090). DRC Meeting Attendees: Applicant: David Muckenhim, planner representing the owner Staff & Referral Agencies: Chris Bendon, Ross Soderstrom ,Rebecca Schickling, Russel] Grance 3 OF3 DRCM3298.DOC ~X+~161T C AMENDED REQUEST FOR ADAIR DUPLEX P&Z AND DRAC APPROVAL December 17, 1998 Attached you will find the updated drawings for the Adair Duplex application. These drawings reflect changes based on the discussion and input from the Board at the December 8, 1998 P & Z meeting. Additionally, the ADU has been reduced from a two-bedroom to aone-bedroom unit to minimize its parking impact. To summarize, this is an application for approval of a duplex configured with two three- bedroom units plus an ADU incorporated into Unit 1, as shown. The applicant believes this design to be in compliance with all design standards, dimensional requirements, and zoning and building codes. It is 310 square feet less than the allowable FAR. Therefore, the applicant seeks approval of the design as configured requesting no design or other variances, and approval for the conditional use of the ADU. The ADU is a large one-bedroom ADU, containing 536 "net livable" square feet. It features afull-sized kitchen, comfortable space for aking-size bed, large light wells to provide ample light (please see the attached drawing), and awasher/dryer in the unit. The utilities are independently metered. The electrical panel is located in the ADU for easy tenant access. The applicant/owner is committed to renting the ADU and has designated that there be no access door from the main unit. The access stairwell has a weathertight deck above it, serving as a roof for protection from snow and weather. Further, the roof above the window wells and the stairwell has heat tape, gutters and snow-stops to minimize the impact of snow and rain on these areas. The north space in the driveway has been designated for ADU parking. Thank you for your consideration of our request ATTACHMENT 2 1~1'O)CCI: Applicant: Location: l Z Co PAS R K b l/E. Zone District: jZ Lot Size: .Q E Lot Area: 4 S (for the purposes of calculating Floor Area, Lot Area may be reduced Yor areas within the high water mark, easements, and sleep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial nef leasable: Existing: /5~ ~Proposed.• /U~A Numbcrul•residunlial units: l;:ci,elin,~:_ l'ru/~usavl:_ ,rarh~, _ _ _ __ - -T- Numbcr of bcdroon~s: E,cisling:_~_ l'rupused: Yroposcd '% of demolition (I lisloric propet•lies only): /~ /~ DIMENSIONS: Floor Area: Exis[ing: ,~ /O3 Allowable: 3 ZGG Proposed: ZZ $$ Principal bldg. height: e L Existing: 023 ~ Allowable: a s - Proposed: .~ // - Access. bldg. height: Existing: N iq Allowable: N A Proposed: ~ ~/ On-Site parking: Exis4ing:~/required: 5 Proposed: ~o Site coverage: e Existing:~~Required: o Proposed.• 3 0 Open Space: Existing: /y A Required: N A Proposed: Front Setback: Existing: /o ~~ Required: /0 7o Proposed: /0 70 Rear Setback: Existing: 7y /o Required: 2e /O Proposed: Ze /o Combined F/R: Existing:_~30 Required: 3o Proposed.• OAS Side Setback: Existing: ~_Required• S Proposed: Side Setback: Exis•[ing:_~2egarired• G.s Proposed: •O Combined Sides: Existing: ~ ~ Required: //• S Proposed.• Z.D );xisting non-conformities or encroachments: /t/ONE ~oNFD,2JN/lVri ~ l>Pl.~,F' Variations requested: I(/O/t!~ DIMENSIONAL REQUIREMENTS FORM ~r~ rl g 4 ~ti ti ~ H 8 Oy .: g 9Lfl '- F~ tlV8-3tl 'ON N ((~~~N. pO• O 4~ 1- 7 ~~0 " rr s~ s~ _ ,. l.Qt.'1 B.Oi.Of.~H SI i V `z V x W 7 J 0. 0 ~ _I O W ~ ~~ ~ 'n v J zl~i ~ 4 a I ~ N~ ~ ~ 2 ~!'•8 ~,/' ,~~ r ~ _. 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Soderstrom, Project Engineer Date: October 8, 1998 Re: Adair - ADU Conditional Use Review Physical Address: 126 Park Avenue, City of Aspen, CO Legal Description: "Hobgood" Lot, Hobgood-Buress Subdivision Exception, City of Aspen, CO [Sec. 7, T10S, R84W] Parcel ID No.: xxxx-xxx-xx-xxx After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: 1. Changes in Conditions: If the proposed use, density, or timing of construction of the project change, or the site, grading, drainage, pazking or utility plans for this project change subsequent to this review, a complete set of the revised plans shall be provided to the Engineering Dept. for review and re- evaluation. The discussion and recommendations given in this memorandum apply to the application and plans (received September 14, 1998) provided for this review and such comments and recommendations may change in response to changes in the use, density, or timing of the construction of the project, or changes in the site, grading, drainage, parking or utility designs. The applicant will be required to complete the standard requirements and conditions associated with the form(s) of development requested in the application. 2. Property Boundaries: As noted by the surveyor, John Howorth, PLS, on the Improvement Survey provided in the application, the lot lines established for this property in the Hobgood-Buress Subdivision Exception Plat do not coincide with the physical layout of the lot and the survey monuments which exist azound the property. The applicant will need to complete the re-survey of the property and provide a corrected Subdivision Exception Plat before the issuance of a building permit for the property. The Subdivision Exception Plat shall include a defmitive delineation of the right-of--way edge on the west side of Park Avenue to verify the right-of--way width in front of this property. If the existing Right-of--Way is less than 50 ft in width, (after the correction of the survey error), dedication of Right-Of--Way may be necessary to provide adequate Right-Of--Way width for driving and parking lanes, sidewalk area and public improvements. A final recommendation will depend upon the results of the re-survey and existing Right- Of-Way conditions. 1 OF3 DACM3298.DOC DRAFT ,, Memo: Adair - ADU Conditional ~ .rteview .. s DRAFT 3. Utility Services, Trash and Recycling Areas: The application materials do not indicate proposed utility service locations however; utility service connection points, meters, cabinets, etc., need to be accessible to service personnel in the completed project and not obstructed by garbage or recycling containers, other structures or landscaping. All existing and any new easements for utilities shall be shown on the revised Subdivision Exception Plat and the final improvement plans submitted for the building permit. The existing overhead utilities should be routed underground in the re-developed project. 4. Site Drainage: The new development cannot release more than historic (pre-development) storm run-off flows from the site. Released run-off must be in non-concentrated discharge and any increase in historic storm run-off flows must be first routed and detained on the site. A drainage report and drainage plan (including erosion and sedimentation control measures) completed and stamped by a Colorado licensed civil engineer will be required for the project to accommodate the drainage flows originating from the site. Precipitation intensity curves for a two year (2 yrJ storm frequency should be used in designing the drainage improvements. If a ground injection or re-charge type drainage system is proposed, the percolation rate of the soils will need to be measured and reported in a geotechnical report, and included as the basis for sizing the infiltration system. The drainage report and plan, and the geotechnical report, if any, will be included with the plan set prior to submittal for the building permit application. 5. Driveways & Parking Area: The application indicates two (2) driveways plus a double pazking area at the south end of the property. This configuration is inconsistent with the standazd for residential driveways even with an exception for the lot configuration (non-conforming) and proposed duplex development. The double driveway should be limited to 18 ft in width between the edge of pavement and the property line. If a second driveway is installed, it should be a single driveway (of 10 ft width) with twenty (20) ft separation from the other driveway to maximize on-street parking area. The additional parking spaces required for the two ADUs will need to be accessible from one of the approved driveways. As proposed, the head-in pazking from the street would create an enhanced traffic hazard by creating multiple entries from the property to Park Avenue which is already congested due to on-street pazking, the varying right-of--way width, and varying alignment and grade of the street. The required number of parking spaces meeting the dimensional requirements and lying entirely within the property boundazies must be shown in the site plan submitted with the building permit plan set. 6. City Water Dept.: The owner will need to provide individually metered water services for each separate living unit and separate service lines to each of the duplex units. 7. Aspen Consolidated Sanitation District: The owner will need to verify with the District the sewer service to the property and comply with the normal standards for additional services including separate services for each duplex. 2 OF 3 DRCM3298.DOC DRAFT Memo: Adair - ADU Conditional L. ,Review DRAFT 8. Building Requirements: If the building is greater than 5,000 sf, it will need to be fire sprinkled. The heating appliances require direct access for conventional appliances within the unit served and adequate ventilation. Direct-vented appliances may be an alternative in the proposed floor plan. 9. Sidewalk, Curb & Gutter: A 5 ft wide pedestrian space should be shown on the site plan submitted with the building permit application. Although no curb, gutter or sidewalks aze planned for this area, the applicant should execute a curb, gutter and sidewalk agreement for recording prior to building permit issuance. 10. Improvement Districts: The property owner is required to join any future improvement districts formed for the purpose of constructing public improvements which benefit the property under an assessment formula. The agreement would be executed and recorded prior to the issuance of a building permit. 11. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the Aspen/Pitkin County Information Services Dept. as-bunts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 12. Work in the Public Rights-of--Way: Given the continuous problems of unapproved work and development in public rights-of--way and easements, we advise the applicant as follows: The applicant must receive approval from: City Engineering (920-5080) for design of improvements, including landscaping and grading, within public rights-of--way; Parks Department (920-5120) for vegetation species and placement, and irrigation systems; Streets Department (920-5130) for mailboxes, street and alley cuts; and shall obtain permits for any work or development, including landscaping, within public rights-of--way from the City Community Development Department (920-5090). DRC Meeting Attendees: Applicant: David Muckenhirn, planner representing the owner Staff & Referral Agencies: Chris Bendon, Ross Soderstrom ,Rebecca Schickling, Russell Grance 3 OF 3 DRCM3298.DOC DRAFT SEP 17 '98 08~SAAM RSPEN HOU5ING OFC MEMORANDUM TO: Chris t3endon, Community Development Dept. FROM: Stef~tieA.Levescfire,Housingdffx~ DATE: SeptemberlB, lggB RE: Adair ADU'S {2)s - Paroal ro No. P.1 Housing Office City of AspenJP)tkin_County 530 East Main Street, Lower t.evel Aspen, Colorado 81611 (970) 920.5050 Fax: (970? 920-5580 RE Tts; appgcant is requesting apprrnal far two accessary dwelgng ungs to be Iccated in the IcMrer level of the mah home. BACKGROUND: According b Section 26.40.080, AceessWy DweNfng UnHs, a unq shop aorrtaln not iws than 300 square feet d net livable area and not mare ihari 700 square feet of net Nvable area. ISSUES: When the Housing tJffioe reviews plans for an accessory dweAing unit, there are particular areas that are given special attention. They are as follows: 1. The unit must qe a tot~ly private unit, which means the unit must have a private entrance arnt there sftaq be no other rooms in this unit that need to be utN¢ed by the individuals in the pritcipal residence; i.e.. a mechanical room for the princ~al residence. 2. The kitchen includes a minimum of a two-twmer stove with oven, standartf sink, and a ti-cubic foot rafrigeretor plus freezer. 3. The unq is required W have a certain Pr:rcerltage of natural light into the uniq i.e., wgtdows, siidirg .glass door. vdndrmr wells, etc., espectagy if the unq is located below grade, The Ungorm Builtling Code requires that 10% of bra door eras of a unit needs to have nahual light. P~ttual light is defined as IigM vfitch is Gear and open to the Sky. 4. Should the tacit be used W obtain an FAR bonus, the unit MUST be rented to a qual'~ied errrpbyee. 5. A deed restriction MUST be recorded PRIOR to butcgng pertMt aPPr~l• The deed restfiction sha11 be abtaited from the Housitg t7tfice. RECOMMENDAl7QN: After reviewing the application, the Housing Otfioe recommerrcls approval an q're condition that issues 15 above era met prior to bugding pemtit approval. Prior to C.O. the ttcusing t]ifs;e requires a sits tour to inepact the unit. lrafarrallaldn786 •adu APPLICANT: ARJA ADAIR LOCATION: 126 PARK AVENUE ACTION: CONDITIONAL USE APPROVAL FOR AN ADU STANDARDS APPLICABLE TO ALL CONDITIONAL USES: The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, and with the intent of the zone district in which it is proposed to be located. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. The proposed conditional use complies with all additional standar~. imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. ACCESSORY DWELLING UNITS: Accessory dwelling units shall contain not less than three hundred (300) square feet and no more than seven hundred (700) square feet of net livable area. The unit shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners w ~ A of the principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking space shall be provided on-site for each studio unit, and for each bedroom within a one or two-bedroom accessory dwelling unit. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, exempting parcels with existing structures to be converted to detached accessory dwelling units, detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or carport. Detached accessory dwelling units are prohibited within the R-15B zone district. An attached accessory dwelling unit shall utilize alley access to the extent practical. DEVELOPMENT REVIEW STANDARDS: The proposed development shall be compatible with and subordinate in character to the primary residence located on the parcel as well as development located within the neighborhood, and assuming year- round occupancy, shall not create a density pattern inconsistent with the established neighborhood. Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The Planning and Zoning Commission and the Historic Preservation Commission may exempt nonconforming structures, being converted to a detached accessory dwelling unit, provided the nonconformity is not increased. Conditional use review shall be granted pursuant to Section 26.60.040 standards applicable to all conditional uses. ~~1 BANDIT UNITS: Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. GI~IQS/REPLACEMENT HOUSING CREDITS: Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System. Only those units meeting the housing size, type, income and occupancy guidelines of approval of the housing designee and the standards of Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen, Colorado, "Residential Multi-Family Housing Replacement Program." FAR FOR ACCESSORY DWELLING UNITS: For the purpose of calculating floor area ratio and allowable floor area for a lot whose principle use is residential, the following shall apply: the allowable floor area for an above-grade attached accessory dwelling unit shall be excluded to a maximum of 350 square feet of allowable floor area or fifty percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the P and Z pursuant to conditional use review and approval, Section 26.60.030 of this code, and the units must be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. An ADU separated from a principal structure by a distance of no less than ten feet with a maximum footprint of 450 square feet shall be calculated at 50 percent of the allowable floor area up to 700 square feet of Floor Area. Any element linking the principal structure to the accessory structure may be no more than one story tall, six feet wide, and ten feet long. ~~ ~e(~au.~ Uj ~-~s ~ ~- r~~ u~ ~~ a~,~ - ~A~ d ~ ~ ,~f' ~~++~e. ~~ ~ (olio ~ ~S ~- Q~e.c.~. e~ wig ~ . _, 1, ~ ~,~ _ ~~~~ 5~,. w u., c(1f+(t. ~~~ ~~I c MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community evelopment Director FROM: Christopher Bendon, Planner RE: Adair Conditional Use for two Accessory Dwelling Units and Residential Design Waivers, 126 Park Avenue -- Public Hearing (continued from October 6, 1998.) DATE: December 8, 1998 SUMMARY: Arja Adair, owner, has applied for Conditional Use approval for two Accessory Dwelling Units and variances to the Residential Design Standazds for a proposed duplex at 126 Pazk Avenue. The property is a 4,953 square foot lot, zoned R-6, with an existing non-conforming duplex. The applicant is proposing to demolish the existing "A-frame" and redevelop the site with a new duplex with one 700 squaze foot Accessory Dwelling Unit. Replacement afrer demolition does require an exemption from GMQS. A 600 squaze foot ADU or two 300 square foot ADU's provides for such an exemption. The Commission reviewed this application in October and provided the applicant with some feedback on the pazking situation and Residential Design. The applicant has eliminated one ADU from the program to address the parking situation. The currently proposed ADU, however, is atwo-bedroom unit requiring two spaces so the parking demand remains the same. Six (6) parking spaces is difficult to achieve on such a small parcel without the auto becoming a dominant feature of the front yard. The applicant has proposed three (3) garage spaces, each with an uncovered space behind. These uncovered spaces are still within the Park Avenue R.O.W. -- a problem which was discussed in October. Simply put, the applicant has only three spaces on-site. This is three spaces short of the requirement. The Commission can waive one or both of the ADU spaces through the Conditional Use Review. Staff recommends the Commission require at least one space for the ADU to ensure its long-term viability. The applicant is still seeking design waivers for volume, aone-story element, garage placement, and inflection. The volume standard refers to windows between 9 and 12 feet above finished floors and penalizes the calculation of Floor Area for those elements. This provision allows for larger windows but reduces the overall mass of the building. Staff does not believe there exists a site specific constraint requiring lazger windows. The one story element standard refers to the extent to which a structure presents a pedestrian scale on the front facade and requires 20% of the width of a building to be one-story in height. Second floor decks aze second story elements -- not first floor elements. Again, staff believes this standazd could be met. The garage standazd requires the garage to be set back ten (10) feet from the front facade. This is an attempt to de-emphasize the automobile and encourage pedestrian oriented houses. Given the lot configuration, it is difficult to fit a gazage on this property which complies. However, with diligence its possible. The applicant has provided an eight (8) foot overhang of the second floor over the garage. Staff still believes there is enough space on the parcel to meet this standard and the current proposal is not better than what the standazd would provide. Staff is not supporting this variance. The inflection standard seeks to protect the scale and massing relationship between adjacent buildings. New development which is next to a single-story structure must inflect, or "step-down," along that common boundary where the one-story element exists. The houses on both sides are one-story along the common boundazies. Therefore, the applicant has the opportunity to choose which house to inflect to and is not required to inflect to both neighbors. This standazd could be met, and staff does not support a variance. Staff generally provides favorable recommendation to projects including ADU's which present the physical capabilities to function individually. However, this application is requesting several waivers from the Residential Design Standazds and appears to have a pazking situation not fully thought-out. These concerns were raised in the October hearing. In addition, the application may not be in compliance with the R-6 site coverage standazds. Compliance with these standards may necessitate substantial changes to the proposal which could nullify an approved site specific development order. Staff is recommending denial of this application as it has been presented. The Commission may wish to continue the hearing to allow the applicant another opportunity to redesign the project. If the application is continued, the Commission should require the applicant re-notice the public hearing. Staff recommends the Planning and Zoning Commission deny this application. APPLICANT: Arja Adair, owner. Represented by David Muckenhirn. LOCATION: 126 Pazk Avenue. ZONING: Medium Density Residential (R-6) LOT SIZE: 4,953 square feet LOT AREA (FOR PURPOSES OF FAR CALCULATION: 4,953 squaze feet as represented by applicant. This may be reduced if there exists any easements or steep slopes. FAR: 3,286 square feet as represented by applicant. CURRENT AND PROPOSED LAND USE: Duplex residence. (non-conforming structure) PREVIOUS ACTION: The Commission considered this application on October 6, 1998, and continued the public hearing. Concerns raised in October were compliance with the Residential Design Standazds and parking. REVIEW PROCEDURE: Conditional Use. The Commission shall approve, approve with conditions, or disapprove the application at a public hearing. Residential Design Appeals. The Design Review Appeal Committee (DRAG), or any other boazd for which land use approval is required, shall approve, approve with conditions, or disapprove the application at a public hearing. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." Referral comments have been included as Exhibit "B." The application has been included as Exhibit "C." The recommended motion is in the affirmative although staff is recommending denial. This is for procedural reasons which David Hoefer can explain during the meeting if necessary. RECOMMENDATION: Staff does not believe this project has been fully thought-out and recommends this application be denied. In the alternative, staff suggests the following conditions of approval: 1. The applicant shall rectify all property boundary adjustments prior to applying for a building permit. A Lot Line Adjustment Plat may be approved by the Community Development Director pursuant to Section 26.88.030. 2. The Building Permit application shall include: • a signed and recorded copy of this Planning and Zoning Commission Resolution. • a current Site Improvement Survey signed by a registered Land Surveyor. • a drainage report and a drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, c.a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. • a recorded agreement to construct sidewalk, curb, and gutter agreement for the adjacent portion of Park Avenue. • a recorded agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. • a recorded property deed restriction for the Accessory Dwelling Unit, a form for which may be obtained from the Housing Office. The deed restriction shall be noted on the building permit plans. 3. Prior to the issuance of any building permits, the permit application and plans shall reflect: • that the proposed ADU is labeled as such and meets the definition of an Accessory Dwelling Unit. • that the primary residences and the ADU aze able to function as separate residential units. Each shall have an entrance and access to individual mechanical equipment for the respective unit. • that the ADU contains a kitchen (having a minimum of atwo-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom. • that the ADU has the minimum one (1)off-street parking space of standard size (18' x 7.5') provided on-site and not encroaching on public rights-of--way. ADU space shall be labeled on the permit plans. (the Commission hereby waives the requirement for the second ADU space) • that the ADU meets all applicable UBC requirements for light and air. • compliance with the R-6 Zone District and with all aspects of the Residential Design Standards not hereby waived. Property hiatuses shall not contribute to the calculation of Allowable Floor Area for the property. • compliance with the service requirements of the Aspen Consolidated Sanitation District, complete a tap permit, and pay all connection charges due to the ACSD. 4. All utility meters, and any new or relocated utility pedestals or transformers must be installed on the applicant's property and not in any public right-of--way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements must be ~y ~il\ ~i`^"" 4 delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. 5. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. 6. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of--way unless specifically approved by the Director of the Streets Department. The applicant shall inform the contractor of this condition. 7. The applicant must receive approval for any work within public rights-of--way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 8. The applicant shall record this Planning and Zoning Commission 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. 9. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Conditional Use for an Accessory Dwelling Unit, waive the second required pazking space for the two-bedroom ADU, and waive the Residential Design Standards related to "volume," "one-story element," "gazage placement," and "inflection" for the Adair Duplex, 126 Park Avenue, with the conditions outlined in the Community Development Department memo dated December 8, 1998. ALTERNATE MOTION: "I move to continue this public hearing to (date) with the condition that the applicant re-notice the public hearing." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Referral Comments Exhibit C -- Development Application Exhibit A Adair Duplex STAFF COMMENTS: ADU Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standazds of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Findine: Replacement of a demolished residence requires an exemption from GMQS. An Accessory Dwelling Unit with no mandatory occupancy deed restriction is consistent with the purposes, goals, objectives, and standards of the Aspen Area Community Plan and qualifies as an exemption from Growth Management. Accessory Dwelling Units are a conditional use in the R-6 Zone District. (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the pazcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Finding The surrounding land uses are mixed single- and multi-family residential. There are existing ADU's in the immediate area. Staff remains concerned about the parking proposed for the site and it's potential impacts on the character of the neighborhood and traffic safety on Pazk Avenue. There appears to be three spaces provided partially within the street R.O.W. The City Engineer has reported that the improvement survey and the physical layout of the property do not exactly coincide. Appazently, there was a surveying error at the time of a minor property line adjustment with a neighbor which "shifted" the entire property instead of the one property line. The applicant should be required to re-record an accurate survey. This adjustment may actually reduce the parking area in the front yard furthering the problem. In addition, the two driveways need some separation. The City Engineer is suggesting 20 feet between the two curb cuts. The applicant has provided approximately 6 feet (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: The property remains small and the required pazking is still problematic. The applicant has eliminated one ADU from the program but increased the second from aone-bedroom to atwo-bedroom. Therefore, the required parking remains the same. The two duplex units require 2 spaces each and the two-bedroom ADU requires 2 spaces for a total of 6 Staff Comments page 1 spaces. The Commission may waive one or both spaces for the ADU through the conditional use process. Staff recommends the Commission not consider waiving more than one space for the ADU as parking in the immediate area is limited. Waiving one space for the two-bedroom ADU would ensure the occupant of the ADU one on-site parking space. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Findine: Park fees aze payable at building permit for the difference in the number of bedrooms per unit. Infrastructure capacity is sufficient for this development and utilities are available. The sanitary lines from the street to the structure will need to be upgraded for this development. The applicant will need to complete a tap permit for sanitation service and is subject to connection fees. The ACSD may require the provision of separate taps for each unit. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Findine: The conditional use mitigates itself. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Findine: The Commission may waive the parking requirement for the ADU in the conditional use process. The area, however, has little on-street parking available to absorb the impacts of the waiver. Staff believes one space could be waived but does not recommend waiving both of the required spaces. The applicant is seeking waivers from the Residential Design Standazds. Staffls analysis of these waiver requests follows these review standards. Section 26.40.090, Accessory Dwelling Units A. General Provisions 1) Accessory Dwelling units shall contain not less than three-hundred (300) square feet and no more than seven-hundred (700) square feet of net livable azea. The unit shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) pazking space shall be provided on-site for each studio unit, and for each bedroom within a one or two-bedroom accessory dwelling unit. Staff Findine: Staff Comments page 2 The proposed two-bedroom ADU is approximately 700 square feet in size. The two bedroom generates the need for 2 parking spaces. The Commission can waive all or a portion of these spaces through the conditional use review process. 2) An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. Staff Findine: The applicant's permit plans will be reviewed with respect to the R-6 Zone District. The applicant may preserve the non-conforming duplex with this redevelopment. 3) A detached accessory dwelling unit shall only be permitted on pazcels that have secondary and/or alley access, exempting parcels with existing structures to be converted to detached accessory dwelling units, detached gazages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or cazport. Detached accessory dwelling units are prohibited within the R-15B zone district. Staff Findine: The ADU is a attached unit. 4) An attached accessory dwelling unit shall utilize alley access to the extent practical. Staff Finding; There is no alley which serves this property. A. Development Review Standards. 1) The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year-azound occupancy, shall not create a density pattern inconsistent with the established neighborhood. Staff Findine: The ADU is subordinate in character to the primary units. The duplex use is non- conforming which does represent a doubling of the permitted density. However, there are several non-conforming lots and buildings in the area and several do have Accessory dwelling Units. And, staff generally believes that residential density in town is good and should be encouraged, especially when the units aze designated to serve the local workforce. 2) Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in chazacter with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be varied: a. Minimum front and rear yard setbacks b. Minimum distance between buildings on the lot. c. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units. d. The side yard setback shall be a minimum of three feet. e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be varied at the rear one-third (1 /3) of the parcel, however, the maximum height of the structure shall not exceed eighteen (18) feet. On Landmark Staff Comments page 3 Designated parcels and within the Historic Overlay District the HPC shall have the ability to make height variations. f Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmazk Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site coverage vazia[ions. g. In the case where the proposed detached accessory dwelling unit is located on a Landmark Designated Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standazds of Section 26.40.070(B) Staff Findine: The applicant is not requesting any variations to the dimensional requirements. Pazking standards may be varied through criteria C of the Conditional Use review, staff comments--page 1. 3) The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from 26.40.070(B)(2)(a-g) provided that the nonconformity is not increased. Staff Findine: Not applicable. The non-conforming structure is not being converted to an ADU. 4) Conditional use review shall be granted pursuant to Section 26.60.040 Standards applicable to all conditional uses. Staff Finding Refer to Staff Comments for Conditional Use review. C. Bandit Units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. Staff Finding Does not apply. This is not a bandit unit. D. GMQS/ Replacement Housing Credits. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting the housing size, type, income and occupancy guidelines of approval of the housing designee and the standards of Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen, Colorado, "Residential Multi-Family Housing Replacement Program." Staff Findine: Does not apply. Multi-Family housing replacement applies to structures of three or more units. E. FAR for Accessory Dwelling Units. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principle use is residential, the following shall apply: the allowable floor azea for anabove-grade attached accessory dwelling unit shall be excluded to a maximum ofthree-hundred-fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional Staff Comments page 4 use review and approval, Section 26.60.030 of this code, and the units must be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. An Accessory Dwelling Unit separated from a principal structure by a distance of no less than ten (10) feet with a maximum footprint of four hundred fifTy (45) square feet, shall be calculated at fifty (50) percent of the allowable floor area up [o seven hundred (700) square feet of Floor Area. Any element linking the principal stmcmre to the accessory structure may be no more than one (1) story tall, six (6) feet wide, and ten (10) feet long. Staff Findine: The unit does not qualify for a Floor Area exemption and the applicant is not requesting a Floor Area bonus. STAFF COMMENTS: Residential Design Standards WINDOWS (VOLUME): 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 sguare feet for each 1 square foot of floor area. Exterior expressions shall be defined as facade penetration between 9 and I2 feet above floor level and circular, semi-circular, ornon-orthogonal fenestration between 9 and 1 S 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 Finding The proposed variance is not in greater compliance with the goals of the Community Plan. The Residential Design Standards are a direct outcome of the AACP. b) amore effective method of addressing standard in question; or, Staff Findine: The design is not more effective than the standard. The standards specifically says no windows in this area unless the house size is reduced by the Floor Area penalty. Staff believes the most effective way to address this standard is to either comply or reduce the FAR by the penalty amount. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Findine: There are no site specific constraints for this property which necessitate larger windows, or windows above 9 feet. The site is flat, buildable, and within a developed neighborhood. There does not appear to be any constraints to the site. Staff Comments page 5 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 dhe 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 Findine: 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 decks are eecond story elements. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Findine: The site is small, but aone-story element could be provided. Houses on both sides have one-story elements. GARAGE PLACEMENT: The applicant's proposed development is not in compliance with the following Residential Design Standard: Garage. All portions of a garage, carport or storage area parallel to the street shall be recessed behind the front facade by a minimum of ten (] 0) feet. 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 Findine: The proposed variance is not in greater compliance with the goals of the Community Plan. One of the primary concerns which resulted in Ordinance 30 was the prominence of garages on the front facade. b) amore effective method of addressing standard in question; or, Staff Finding Staff Comments page 6 The applicant has not provided a more effective method for this standard. The provided setback is approximately 8 feet with the second story cantilevered over the garage entrance. There remains three garage doors on the front facade. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Finding The site is small, but staff believes the standard could be met. However, it may require less interior space. INFLECTION The applicant's proposed development is not in compliance with the following Residential Design Standard: Inflection. If the street frontage of an adjacent structure is one (1) story in height for a distance more than twelve (12) feet on the side facing a proposed building, then the adjacent portion of the proposed building must also be one (I) story in height for a distance of twelve (12) feet. If the adjacent structures on both sides of a proposed building are one (I) story in height, the required one (1) story volume of the proposed building may be on one (I) side only. If a proposed building occupies a corner lot, and faces an adjacent one (I) story structure, the required one (1) story element may be reversed to face the corner. Staff has consistently applied this to mean a 12 wide element for the distance along the lot line where the adjacent on- story element exists. 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 intent behind this standard was to respect the massing of neighboring properties. b) amore effective method of addressing standard in question; or, Staff Finding The property to the north is one story but is developed on a significant grade change. The resulting structure appears much higher than one story. The property to the south is one story at the same grade. The standard does allow compliance on one side only if there existone story structures on both sides. If staff had a preference, it would be to inflect to the southern parcel, which has a perceived lower height. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Findine: Again, there is nothing drastically unusual about this site. The property is small, but staff believes the applicant could inflect to one side. Staff Comments page 7 ~~-ti~~ ~ MEMORANDUM To: Chris Bendon, Project Planner Thru: Nick Adeh, City Enginee~~ From: Ross C. Soderstrom, Project Engineer ~s Date: October 8, 1998 /'. "" Re: Adair - ADU Conditional Use Review Physi~ al Address: 126 Pazk Avenue, City of Aspen, CO Legal Description: "Hobgood" Lot, Hobgood-Buress Subdivision Exception, City of Aspen, CO [Sec. 7, T10S, R84W] Pazcel ID No.: xxxx-xxx-xx-xxx After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: 1. Changes in Conditions: If the proposed use, density, or timing of construction of the project change, or the site, grading, drainage, parking or utility plans for this project change subsequent to this review, a complete set of the revised plans shall be provided to the Engineering Dept. for review and re- evaluation. The discussion and recommendations given in this memorandum apply to the application and. plans (received September 14, 1998) provided for this review and such comments and recommendations may change in response to changes in the use, density, or riming of the construction of the project, or changes in the site, grading, drainage, pazking or utility designs. The applicant will be required to complete the standard requirements and conditions associated with the form(s) of development requested in the application. 2. Property Boundaries: As noted by the surveyor, John Howorth, PLS, on the Improvement Survey provided in the application, the lot lines established for this property in4he Hobgood-Buress Subdivision Exception Plat do not coinc de with the physical layout of the lot and the survey monuments / which exist azound the property. The applicant will need to complete the re-survey of the property and / provide a corrected Subdivision Exception Plat before the issuance of a building permit far the property. . The Subdivision Exception Plat shall include a defmitive delineation of the right-of--way edge on the west side of Park Avenue to verify the right-of--way width in front of this property. If the existing Right-of--Way r~ is less than 50 ft in width, (after the coaection of the survey error), dedication ofRight-Of--Way maybe necessary to provide adequate Right-Of--Way width for driving and parking lanes, sidewalk area and public improvements. A final recommendation will depend upon the results of the re-survey and existing Right- Of-Way conditions. 1 OF 3 DRCM3298.DOC Memo: Adair- ADU Conditional USN.xeview 3. Utility Services, Trash and Recycling Areas: The application materials do not indicate proposed utility service locations however; utility service connection points, meters, cabinets, etc., need to be accessible to service personnel in the completed project and not obstructed by gazbage or recycling containers, other structures or landscaping. All existing and any new easements for utilities shall be shown r on the revised Subdivision Exception Plat and the final improvement plans submitted for the building permit. The existing overhead utilities should be routed underground in the re-developed project. 4. Site Drainage: The new development cannot release more than historic (pre-development) storm run-off flows from the site. Released run-off must be in non-concentrated discharge and any increase in ~= historic storm run-off flows must be first routed and detained on the site. A drainage report and drainage plan (including erosion and sedimentation control measures) completed and stamped by a Colorado licensed civil engineer will be required for the project to accommodate the drainage flows originating from the site. Precipitation intensity curves for a two yeaz (2 yr.) stone frequency should be used in designing the drainage improvements. If a ground injection or re-chazge type drainage system is proposed, the percolation rate of the soils will need to be measured and reported in a geotechnical report, and included as the basis for sizing the infiltration system. The drainage report and plan, and the geotechnical report, if any, will be included with the plan set prior to submittal for the building permit application. '1 5. Driveways & Parking Area: The application indicates two (2) driveways plus a double parking area at the south end of the property. This configuration is inconsistent with the standard for residential driveways even with an exception for the lot configuration (non-conforming) and proposed duplex development. The double driveway should be limited to 18 ft in width between the edge of pavement and the property line. If a second drveway is installed, it should be a single driveway (of 10 ft width) with the other driveway to maximize on-street pazkin>; area. The additional pazking spaces required for the two ADUs will need to be accessible from one of the approved driveways. As proposed the head-in pazking from the street would create an enhanced traffic hazazd by creatin;; mulfiple entries from the property to Pazk Avenue which is already congested due to on-street parking, the varying right-of--way width, and varying alignment and grade of the street. The required number of parking spaces meeting the dimensional requirements and lying entirely within the property boundaries must be shown in the site plan submitted with the building permit plan set. 6. City Water Dept.: The owner will need to provide individually metered water services for '~ each sepazate living unit and separate service lines to each of the duplex units. Aspen Consolidated Sanitation District: The owner will need to verify with the District '~ the sewer service to the property and comply with the normal standards for additional services including separate services for each duplex. DRCM3298.DOC 2 OF 3 Memo: Adair - ADU Conditional Use .;view ._ 8. Building Requirements: If the building is greater than 5,000 sf, it will need to be fire sprinkled. The heating appliances require direct access for conventional appliances within the unit served and adequate ventilation. Direct-vented appliances may be an alternative in the proposed floor plan. 9. Sidewalk, Curb & Gutter: A 5 ft wide pedestrian space should be shown on the site plan submitted with the building permit application. Although no curb, gutter or sidewalks are planned for this ~~ azea, the applicant should execute a curb, gutter and sidewalk agreement for recording prior to building permit issuance. 10. Improvement Districts: The property owner is required to join any future improvement districts formed for the purpose of constructing public improvements which benefit the property under an / assessment formula. The agreement would be executed and recorded prior to the issuance of a building permit. 11. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to (gam the Aspen/Pitkin County Infonrration Services Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 12. Work in the Public Rights-of--Way: Given the continuous problems of unapproved work and development in public rights-of--way and easements, we advise the applicant as follows: The applicant must receive approval from: City Engineering (920-5080) for design of improvements, including landscaping and grading, within public rights-of--way; Parks Department (920-5120) for vegetation species and placement, and irrigation ~/ systems; Streets Department (920-5130) for mailboxes, street and alley cuts; and shall obtain permits for any work or development, including landscaping, within public rights-of--way from the City Community Development Department (920-5090). DRC Meeting Attendees: Applicant: David Muckenhim, planner representing the owner Staff & Referral Agencies: Chris Bendon, Ross Soderstrom ,Rebecca Schickling, Russell Grance 3 OF 3 DRCM3298.DOC AMENDED REQUEST FOR ADAIR DUPI,ER DRAC VARIANCE November 13, 1998 The design of the Adair Duplex has been reconfigured as shown in the attached drawings. In the new design the number of ADUs has been reduced from two to one. Additionally, the garage doors have been set back ten feet from the street facade to comply with the design standard. This has resulted in the reduction of 395 square feet. Therefore, at this time, the applicant requests variance from two desi n standards: ~~' 1.) Inflection; and, _~~ 2.) Floor area penalty for windows between 9' and 12' off the floor. As we understand, the inflection design standard is intended to maintain a consistent street profile and to protect the single- story residences from being overwhelmed from flanking residences. In this case, all of the other houses on the block are either two- story or are at a two-story height with the exception of 110 Park Avenue. Additionally, 110 Park Avenue, a duplex immediately south of the subject property, has developed plans to add a second story to the near unit. If the subject property is required to inflect, presumably 110 Park Avenue would be similarly constrained, thus eliminating its expansion options. Therefore, neither property would enjoy the same benefits as the rest of the residences on the block. Granting a variance in this instance would not be inconsistent with the street profile and would allow the single one-story residence on the street as well as ourselves to expand to the same extent as our neighbors. Regarding the windows between nine and twelve feet off the floor, we feel the design is not offensive, is consistent with the "miner's cabin" look and conceptually does not represent what this design standard is attempting to eliminate and, therefore, ask relief. ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Applicant Location: IZC. PORK AVE Zone District: ~ ~ Lot Size: Lot Area: (for the purposes of calculating door Area, Lot Area may be reduced for areas within the high water mark, easements, and sleep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: N ~A Nundicr ol•residculial units: l;:ci.ctin},~•-~~~_ 1'rupusrd: r2 _ Numbcrol•bedrooms: Existing: Q --Proposed: -~ t!e t ~ ~ADU~ Proposed % of demolition (Historic properties only): N A DIMENSIONS: Floor Area: Existing: ~' /03 Allowable: 32(oS~q Proposed: ~ SH~ Principal bldg. height: Exisling:~Allowable: 25 3o Proposed:.?1 ~' ~`j ~ Access. bldg. height: Existing: - Allowable: - Proposed: -- On-Site parking: Existing:_~_Requir•ed: t'i Pr•oposed:~~ Site coverage: Existing:_~~Required:~~_Proposed:~ %OpeuSpace: Existing.• }, ~i Required:~_Proposed:~~_ Front Setback: Existing: e ~ Required.• Io Z Proposed: /o Rear Setback: Existing: Ze o~ Required: Ze o Proposed: to Combined F/R: Existing: 3°' Required: 30 ~ Proposed: 30, i i i Side Setback: Existing.•_~_Required: $ Proposed:~_ ~ i / Side Setback: Existing: ZZ /Zer/wired: G . S Proposed: i Combined Sides: Existing: 3 ~ Required.• // S Proposed.• /Z Existing non-conformities or encroachments: N p1~ - C.OAI Fn RM/NG Variations requested: Wl N ROWS } =ti FLF~GT/D /J i~ r~ s~ ~~ 'iL~ O ~~ Sl \. ~ 9LfL ~ ti H.~ cP oy ` g' s ,. ave-3a •orr ti p ~N. 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I~ ~--1 `<! ...- Jam.: Y ~--~ ~ ~i ('I~ F ~' ~ _ ~"~ I--_ .Y 0 ~ ~ ~ ~,V~ I ~' ~ Q Q ~ ~ o~ ~ ~ 4 ql: ~~I~~ z ~ x L! J ~ ~" _, ~, ._ W ~~ u1 J ~ o -~ w o g` Q - ~ ~; D ~I---~ ~~~ ~ l; ~~ \Q ~ I; I j 1 ak Z -1 ~; r ~~ X J t1.. (-~ ~_ d Q d m ,'. 0 _,~ ~~ ,, a,v ..J W~~ ~~, Z ~~ ~i~t ~ ~ ~ U s f~ -~ rew~ ~ou~ w~~ ~ ~ ~~ ~ ~ _ areas ~- ~ ~~~ ~~nov ~ ovt-~f~i ~. (.~ ~~ 1~a1u,~.• v~~- ~~ ~~ Ei~ ~~~ ~p~^~ ~~. w~ ar (. -~ ~ ~ ~~~~- ~~~, fi~ ~- ~Id( d~ i ~r~ise G~ Gd~'i ~~ ~ ~~~. ~-- d ~_ _ - -- -~ /Qo ~Qjy„ 5~~.o ire. ~~,,~, . ~ ~s ~.V1~ -~~ ~- /~ ~ _ ~~ ~" ~~ ~ ~ ~ $~~f. ~~~ MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Interim Community Development Directo FROM: Christopher Bendon, Planner ~~ RE: Adair Conditional Use for two Accessory Dwelling Units and Residential Design Waivers, 126 Park Avenue -- Public Hearing DATE: October 6, 1998 SUMMARY: Arja Adair, owner, has applied for Conditional Use approval for two Accessory Dwelling Units and variances to the Residential Design Standards for a proposed duplex at 126 Pazk Avenue. The property is a 4,953 squaze foot lot, zoned R-6, with an existing non-conforming duplex. The applicant is proposing to demolish the existing "A-frame" and redevelop the site with a new duplex and two additional ADU's. Replacement after demolition does require an exemption from GMQS. A 600 square foot ADU or two 300 square foot ADU's provides for such an exemption. The two ADU's are approximately 400 and 540 squaze feet and each have sepazate entrances without internal connections. Parking for this proposed development is problematic. The two duplex units require two spaces each with an additional space for each ADU. Six (6) parking spaces is difficult to achieve on such a small parcel without the auto becoming a dominant feature of the front yard. The applicant has proposed three (3) garage spaces, each with uncovered spaces behind. Two of these spaces appear to be partially within the street R.O.W. The applicant is seeking design waivers for volume, aone-story element, garage placement, and in ection . The volume standazd refers to windows between 9 and 12 feet above finished floors and penalizes the calculation of Floor Area for those elements. Staff does not believe there exists a site specific constraint requiring larger windows. The one story element standazd refers to the extent to which a structure presents a i~ pedestrian scale on the front facade and requires 20% of the width of a building to be one-story in height. Again, staff believes this standard could be met. The garage standard requires the gazage to be set back ten (10) feet from the front facade. This is an attempt to de-emphasize the automobile and encourage pedestrian oriented houses. Given the lot configuration, it is difficult to fit a garage on this property which complies. It is possible, but the garage then starts to dictate the design YYWM//1 ~ ~Y ^'r"' YY`^'1'~/~hY1W1 Y" ~. I. of the house's interior space in a way which the applicant wished to avoid. Staff cannot support this variance. The inflection standazd seeks to protect the scale and massing relationship between adjacent buildings. New development which is next to a single-story structure must inflect, or "step-down," along that common boundary where the one-story element exists. The houses on both sides are one-story along the common boundaries. Therefore, the applicant has the opportunity to choose which house to inflect to and is not required to inflect to both neighbors. This standard could be met, and staff does not support a variance. This is a project which may be improved with further study. Staff generally provides favorable recommendation to projects including ADU's which present the physical capabilities to function individually. However, this application is requesting several waivers from the Residential Design Standards and appeazs to have a pazking problem which could be exacerbated with additional units. Compliance with these standazds may necessitate substantial changes to the proposal which could nullify an approved site specific development order. If the Commission is not willing to waive the Residential Design standazds as presented, this case may need to be continued to allow the applicant an opportunity to redesign the project. Staff does not believe the site programming and residential design have been fully developed and recommends the Planning and Zoning Commission continue the hearing to November 17, 1998. APPLICANT: Arja Adair, owner. Represented by David Muckenhirn. LOCATION: 126 Pazk Avenue. ZONING: Medium Density Residential (R-6) LOT SIZE: 4,953 square feet LOT AREA (FOR PURPOSES OF FAR CALCULATION): 4,953 square feet as represented by applicant. This may be reduced if there exsits any easements or steep slopes. FAR: 3,286 square feet as represented by applicant. CURRENT AND PROPOSED LAND USE: Duplex residence. (non-conforming structure) PREVIOUS ACTION: The Commission has not previously considered this application. REVIEW PROCEDURE: Conditional Use. The Commission shall approve, approve with conditions, or disapprove the application at a public hearing. Residential Design Appeals. The Design Review Appeal Committee (DRAG), or any other boazd for which land use approval is required, shall approve, approve with conditions, or disapprove the application at a public hearing. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." Referral comments have been included as Exhibit "B." The application has been included as Exhibit "C." At the time of this report, staff had not recieved written referral comments from the City Engineer or from the Parks Department. Rebecca Shickling, City Parks Department, did meet on site with the applicant to discuss some trees which may be affected by the relocated driveway. According to Parks, there may need to be some tree mitigation but most of the vegetation is either below code requirements or diseased. RECOMMENDATION: Staff does not believe this project has been fully thought-out and recommends this public hearing be contintued. However, if the Commission does want to consider approval staff recommends the following conditions: 1. Prior to the issuance of any building permits, the building plans shall reflect: a. that the proposed ADU's are labeled as such and each meet the definition of an Accessory Dwelling Unit. b. that the primary residences and the ADUs both be able to function as separate residential units. Each shall have an entrance and access to individual mechanical equipment for the respective unit. c. that the ADUs will contain a kitchen (having a minimum of atwo-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom. d. that there is a signed and recorded deed restriction on the property for each ADU, a form for which may be obtained from the Housing Office. The deed restrictions shall be noted on the building permit plans. e. that each ADU has the minimum one (1)off-street parking space of standard size (18' x 7.5') provided on-site and not encoaching on public rights-of--way. ADU spaces shall be labeled on the permit plans f. that each ADU meets all applicable UBC requirements for light and air. 2. Prior to issuance of a building permit, the applicant shall provide a current Site Improvement Survey signed by a registered Land Surveyor. Any property boundary adjustments must be rectified prior to the issuance of a building permit and must include the consent of all adjoining property owners. 3. Prior to issuance of a building permit, the applicant shall submit a drainage report and a drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 4. Prior to issuance of a building permit, the permit plans shall demonstrate compliance with the R-6 Zone District and with all aspects of the Residential Design Standards. Hiatuses shall not contribute to the calculation of Allowable Floor Area for the property. 5. Prior to issuance of a building permit, the applicant shall demonstrate compliance with the service requirements of the Aspen Consolidated Sanitation District, complete a tap permit, and pay all connection charges due to the ACSD. 6. Prior to issuance of a building permit, the applicant shall complete and record a agreement to construct sidewalk, curb, and gutter agreement for the adjacent portion of Park Avenue. 7. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 8. All utility meters, and any new or relocated utility pedestals or transformers must be installed on the applicant's property and not in any public right-of--way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements must be delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. 9. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. 10. The applicant shall limit construction to the hours between 8 a.m. to 6 p.m. The applicant shall inform the contractor of this condition. 11. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of--way unless specifically approved by the Director of the Streets Department. The applicant shall inform the contractor of this condition. 12. The applicant must receive approval for any work within public rights-of--way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 13. Before issuance of a building permit, the applicant shall record this Planning and Zoning Commission 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. 14. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to continue this public hearing to (date) to allow the applicant to re- study compliance with the Residential Design Standards." ALTERNATE MOTION: "I move to approve the Conditional Use for two Accessory Dwelling Units and waive the Residential Design Standards related to "volume," "one-story element," "garage placement," and "inflection" for the Adair Residences, 126 Park Avenue, with the conditions outlined in the Community Development Department memo dated October 6, 1998." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Referral Comments Exhibit C -- Development Application Exhibit A Adair Duplex STAFF COMMENTS: ADU Section 26.60.040, Standards Applicable to a[[ Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Findine: Replacement of a demolished residence requires an exemption from GMQS. An Accessory Dwelling Unit with no mandatory occupancy deed restriction is consistent with the purposes, goals, objectives, and standards of the Aspen Area Community Plan and qualifies as an exemption from Growth Management. Accessory Dwelling Units are a conditional use in the R-6 Zone District. (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Findine: The surrounding land uses aze mixed single- and multi-family residential. There are existing ADU's in the immediate area. Staff is concerned about the parking proposed for the site and it's potential impacts on the character of the neighborhood. There appears to be spaces provided partially within the street R.O.W. Staff is recommending the case be continued to allow the applicant to better address this standard. (C) The location, size, design and operating chazacteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding The property is small and the required parking may be problematic. The two duplex units require 2 spaces each and the ADU's require 1 space each. The applicant may request a waiver of the parking spaces for one or both ADU's through the conditional use process. There are practically no on-street parking spaces available in the azea and staff does believe there should be parking spaces provided on-site. The units appear to be designed with occupancy in mind (there are no internal entrances proposed), and the parking requirement may mandate that only one ADU be provided. The Commission should consider the merits of an `extra' ADU being used, even if there is no parking provided. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Comments page 1 Staff Findine: Pazk fees are payable at building permit for the difference in the number of bedrooms per unit. Infrastructure capacity is sufficient for this development and utilities are available. The sanitary lines from the street to the structure will need to be upgraded for this development. The applicant will need to complete a tap permit for sanitation service and is subject to connection fees. The ACSD may require the provision of separate taps for each unit. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Findine: The conditional use mitigates itself. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Findine: The Commission may waive the parking requirement for the ADU's in the conditional use process. The azea, however, has little on-street parking available to absorb the impacts of the waiver. The applicant is seeking waivers from the Residential Design Standards. Staff s analysis of these waiver requests follows these review standards. Section 26.40.090, Accessory Dwelling Units A. General Provisions 1) Accessory Dwelling units shall contain not less than three-hundred (300) square feet and no more than seven-hundred (700) square feet of net livable area. The unit shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking space shall be provided on-site for each studio unit, and for each bedroom within a one ortwo-bedroom accessory dwelling unit. Staff Findine: The proposed ADU's are approximately 400 and 540 square feet. The applicant will be required to file a deed restriction on the units prior to building permit. 2) An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. Staff Findine: The applicant's permit plans will be reviewed with respect to the R-6 Zone District. The applicant may preserve the non-conforming duplex with this redevelopment. 3) A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, exempting parcels with existing structures to be converted to detached accessory dwelling units, detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or carport. Detached accessory dwelling units are prohibited within the R-15B zone district. Staff Comments page 2 i Staff Finding; The ADU's aze both attached units. 4) An attached accessory dwelling unit shall utilize alley access to the extent practical. Staff Findine: There is no alley which serves this property. A. Development Review Standards. 1) The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year-around occupancy, shall not create a density pattern inconsistent with the established neighborhood. Staff Findine: The ADU's are subordinate in character to the primary units. The duplex use is non- conforming which does represent a doubling of the permitted density. With each duplex unit having an ADU, the actual density is higher even though the City does not consider ADUs as units of density. However, there are several non-conforming lots and buildings in the azea and several do have Accessory dwelling Units. And, staff generally believes that residential density in town is good and should be encouraged, especially when the units aze relatively modest in size. 2) Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall fmd that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be varied: a. Minimum front and rear yard setbacks b. Minimum distance between buildings on the lot. c. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units. d. The side yard setback shall be a minimum of three feet. e. The maximum height limits for detached accessory dwelling units th the R-6 zone district may be varied at the rear one-third (1/3) of the pazcel, however, the maximum height of the structure shall not exceed eighteen (18) feet. On Landmark Designated parcels and within the Historic Overlay District the HPC shall have the ability to make height variations. f Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site coverage variations. g. In the case where the proposed detached accessory dwelling unit is located on a Landmark Designated Parce] or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards of Section 26.40.070(6) Staff Findine: The applicant is not requesting any variations to the dimensional requirements. Parking standards may be varied through criteria C of the Conditional Use review, staff comments--page L 3) The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory Staff Comments page 3 dwelling unit, from 26.40.070(B)(2)(a-g) provided that the nonconformity is not increased. Staff Findine: Not applicable. The non-conforming structure is not being converted to an ADU. 4) Conditional use review shall be granted pursuant to Section 26.60.040 Standards applicable to all conditional uses. Staff Findine: Refer to Staff Comments for Conditional Use review. C. Bandit Units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. Staff Findine: Does not apply. This is not a bandit unit. D. GMQS/ Replacement Housing Credits. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting the housing size, type, income and occupancy guidelines of approval of the housing designee and the standards of Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen, Colorado, "Residential Multi-Family Housing Replacement Program." Staff Findine: Does not apply. Multi-Family housing replacement applies to structures of three or more units. E. FAR for Accessory Dwelling Units. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principle use is residential, the following shall apply: the allowable floor azea for anabove-grade attached accessory dwelling unit shall be excluded to a maximum ofthree-hundred-fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional use review and approval, Section 26.60.030 of this code, and the units must be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. An Accessory Dwelling Unit separated from a principal structure by a distance of no less than ten (10) feet with a maximum footprint of four hundred fifty (45) square feet, shall be calculated at fifty (50) percent of the allowable floor area up to seven hundred (700) square feet of Floor Area. Any element linking the principal structure to the accessory sttucture may be no more than one (1) story tall, six (6) feet wide, and ten (10) feet long. Staff Finding The unit does not qualify for a Floor Area exemption and the applicant is not requesting a Floor Area bonus. Staff Comments page 4 STAFF COMMENTS: Residential Design Standards WINDOWS(VOLUME: 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 defined as facade penetration between 9 and 12 feet above floor level and circular, semi-circular, or non-orthogonal fenestration between 9 and I S 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 Finding The proposed variance is not in greater compliance with the goals of the Community Plan. The Residential Design Standards are a direct outcome of the AACP. b) amore effective method of addressing standard in question; or, Staff Finding The design is not more effective than the standard. The standards specifically says no windows in this area unless the house size is reduced by the Floor Area penalty. Staff believes the most effective way to address this standard is to either comply or reduce the FAR by the penalty amount. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Findine: There are no site specific constraints for this property which necessitate -arger windows, or windows above 9 feet. The site is flat, buildable, and within a developed neighborhood. There does not appear to be any constraints to the site. 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 Findine: Staff Comments page 5 .~ 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. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Findine: The site is small, but gone-story element could be provided. Houses on both sides have one-story elements. GARAGE PLACEMENT: The applicant's proposed development is not in compliance with the following Residential Design Standard: Garage. All portions of a garage, carport or storage area parallel to the street shall be recessed behdnd the front facade by a minimum often (10) feet. 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 Findine: The proposed variance is not in greater compliance with the goals of the Community Plan. One of the primary concerns which resulted in Ordinance 30 was the prominence of garages on the front facade. b) amore effective method of addressing standard in question; or, Staff Findine• The applicant has not provided a more effective method for this standard. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Finding: The site is small, but staff believes the standard could be met. However, it may require less interior space or the elimination of one ADU. INFLECTION The applicant's proposed development is not in compliance with the following Residential Design Standard: Inflection. If the street frontage of an adjacent structure is one (1) story in height for a distance more than twelve (12) feet on the side facing a proposed building, then the adjacent portion of the proposed building must also be one (1) Staff Comments page 6 -., , , .~, F .. story in height for a distance of twelve (12) feet. If the adjacent structures on both sides of a proposed building are one (1) story to height, the requtred one (1) story volume of the proposed building may be on ane (IJ side only. If a proposed building occupies a corner lot, and faces an adjacent one (1) story structure, the requtred one (1) story element may be reversed to face the corner. Staff has consistently applied this to mean a 12 wide element for the distance along the lot line where the adjacent on- story element exists. 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 Findine: The proposed variance is not in greater compliance with the goals of the Community Plan. The intent behind this standard was to respect the massing of neighboring properties. b) amore effective method of addressing standard in question; or, Staff Finding The property to the north is one story but is developed on a significant grade change. The resulting structure appears much higher than one story. The property to the south is one story at the same grade. The standard does allow compliance on one side only if there exist one story structures on both sides. If staff had a preference, it would be to inflect to the southern parcel, which has a perceived lower height. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Finding Again, there is nothing drastically unusual about this site. The property is small, but staff believes the applicant could inflect to one side. Staff Comments page 7 -~ ~. 1G7 ~s~n Consol ~¢feo~c~¢nif¢fion rsfricf ~ ~ - ~ ~ ~ ~ s~ 565 North Mill Street .5E•7 ~ q 1998 Aspen, Colorado 81611 ' Tele. (970) 925-3601 FAX #(970) 925ja~~~~~-:;: V` fYIL „V„^ r~-r Sy Kelly Chairman Michael Kelly Paul Smith Treas. Frank Loushin Louis Popish Secy. September 16, 1998 Chris Bendon Community Development 130 S. Galena Aspen, CO 81611 Re: Adair ADU's Dear Chris: Bruce Matherly, Mgr. The development at 126 Pazk Ave. is currently served by the district. Each ADU will be assessed connection fees in addition to the fees associated with the expansion of the one bedroom duplex. The existing development is served by a four inch service line which may or may not have the capacity to serve the proposed additions. The District would typically require a six inch service line for what could be four sepazate residences. The applicant should discuss the service line capacity issue with our line superintendent, Tom Bracewell. Service to the development is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. We would request, as a condition of approval, that tap permits be completed prior to the issuance of building permits. Sincerely, ~~._ ~~-~ Bruce Matherly District Manager EPA Awards of Excellence 1976 ~ 1986 ~ 1990 Regional and National ~. Housing Office City of Aspen/Pitkin County 530 East Main Street, Lower Level Aspen, Colorado 81611 (970) 920-5050 Fax: (970) 920-5580 MEMORANDUM TO: Chris Bendon, Community Development Dept. FROM: Stefanie A. Levesque, Housing Office DATE: September 16, 1998 RE: Adair ADU's (2)s - ParcellD No. REQUEST: The applicant is requesting approval for two accessory dwelling units to be located in the lower level of the main home. - BACKGROUND: According to Section 26.40.090, Accessory Dwelling Units, a unit shall contain not less than 300 square feet of net livable area and not more than 700 square feet of net livable area. ISSUES: When the Housing Office reviews plans for an accessory dwelling unit, there are particular areas that are given special attention. They are as follows: 1. The unit must be a totally private unit, which means the unit must have a private entrance and there shall be no other rooms in this unit that need to be utilized by the individuals in the principal residence; i.e., a mechanical room for the principal residence. 2. The kitchen includes a minimum of a lwo-bumer stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer. 3. The unit is required to have a certain percentage of natural light into the unit; i.e., windows, sliding glass door, window wells, etc., especially if the unit is located below grade. The Uniform Building Code requires that 10% of the floor area of a unit needs to have natural light. Natural light is defined as light which is clear and open to the sky. 4. Should the unit be used to obtain an FAR bonus, the unit MUST be rented to a qualified employee. 5. A deed restriction MUST be recorded PRIOR to building permit approval. The deed restriction shall be obtained from the Housing Office. RECOMMENDATION: After reviewing the application, the Housing Office recommends approval on the condition that issues 1-5 above are met prior to building permit approval. Prior to C.O. the Housing Office requires a site tour to inspect the unit. \ refe rra I\e I d n 798. a d u " ~` LAND USE APPLICATION PROJECT: v Name: U L Location: ~ Z A ~/ (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: /~ R J , Address: ~~ ~~/ Ej~f ~UDp O// / Phone #: REPRESENTATIVE: Narne: I V C e.BN 1 (~E ~.~ Address: O 5 z- SP ~ ~D Z Phone #: ZS • 8 '~ 8 YPE•OF APPLICATION: (please check all that apply) Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development Design Review A.ppeel ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greeuline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: ^ . Lot Line Adjustment ^ TexUMap Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) /4 ?HI¢c~'E "B 12 ~ A D -JE 8-2 'D C~ Pt..E~c PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 7'wo 'rN 2~ 8 R uN I r Du Pu~x E ~cN ~ N I'T w r'til •r Have you attached the following? FEES DuE: ~ ~ 3f~ - ^ Pre-Application Conference Summary ^ Attachment # 1, Signed Fee Agreement ^ Response to Attachtent #2, Dimensional Requirements Form ^ Response to Attachment #3, Minimum Submission Contents ^ Response to Attaclnnent #4, Specific Submission Contents ^ Response to Attachment #5, Review Standazds for Your Application u ~~ ~ E~ i ~~~ ~~ ~ ~~ 44 5 ~3 ~ ' { ~~ ~~ ~~ ~~~ ~ ~~- ~ i ~~ '. ~€ a~ ~~ y Q z LLi ~~ 1S ON31S3M 6 ~~ ~~m F~ i ~~~~-~~ ~~ ~~ rt ~~~~ I'F1h j =_ Q GI a ~ ~ m8 ~L= I~ ~ ~ ~~ +~ e W N 8 q ~~~ ~ O ~ 6 y ~~~°' u W ~~~ ~ ~~ ~ ~ M ~ ~~ f ~3 3~ Iy ~ ea ~~ ~ fi~ e ~ ~ ~~-~ . nH -~-~ ~ e 5 2I ~I ~J ~~ j Q ~6 ~- LLi i ~' ~a 1S a31N 8~~~ "1 mm. _ _-e is ~Niads ~s i s ~ o~+o :LS 7b'NIJlaO M Equ~~ a ~~ c 1SON31S3M ItJ M a . '1S ONV73A37~ ~~' ~: ~ u ~~ ~^~ ~+{g 4""c °~ ~~ ~. lS 3415aynio j _ "n 9w' IF~.~y ys/~ ¢ ®. ~. . ~~'~ Lw LL rM-ti' ~- ~ ~ ~. 1 ~'Cr GAP ~ 'ts' ~.-Cii _ = p ,Sgira G ~ N ~% '~ InIISy \ ~~ ~.Ye'r".~'ee~Ys~ 1131 ~.G°' t o/ Ya.S _ ~ '3AV nniv~..,,., ten w . ~, ~ " m N rclll~u,ts uNt~ rl;ao Is Nor A PAHI ^~ (I'I INt P01IfV 2 Prone ny Type 5 Prernmm 7 ~...... n. R Rua R~ila 8 Survey Alnennment 9 GrlAninnil r'h~inc $ Fe.~ $ 85 ._, ~ 2 3 4 B 6_ 7 9 1 9 Ja~uyers 71t1e jnsurance (grporation Schedule A CASE NUMBER OArE OF POLIf.Y AMOUNT OF INSURANCE PCT-293-86 AUGUST 14, 1986 @ 3:34 P.M. $167,500.00 1. Name of Insured: ARJA P. ADAIR, JR. OWNER'S POLICY POLICY NUMBER IHE POEICY NUMBER SHOWN' oN THIS SCHEOUIE Musr g5-00-492987 AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET 2. The estate or interest in the land described herein and which is covered by this policy is: IN EEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: ARJA P. ADAIR, JR. 4. The land referred to in this policy is described as follows: PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. i . IZG PA~eK A't1~~~5f-~N~~ (~OnM~12GY 30o PhRK TKI N T E PC. ASPEN, CO 0 ADO Cu ~ ersiynauu Amnmuetl On¢e, m Ayem Issuetl m Ilxauonl Policy 8 (Rev. 79) ihre Policy Is Invalid unless the cover BRPef •___..~_.... .. ...~.......... ,...I e.L...L.L.a... ..~...L...I .~.. .. ..._.. ... _ _._._._ ._.. ...__, ... .. ... ,... Lauryers Title Insurance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE A contd. EXHIBT "A" -----LEGAL DESCRIPTION PARCEL A: ~~ ~• LOTS 1 AND 2,. BLOCK 7, RIVERSIDE ADDITION TO T11E CITY AND TOWNSITE OF ASPJ:N, EXCEPTING TtiE SOUTHERLY FIFTEEN (15) FEET OF SAID ABOVE DESCRIBED PROPERTY. PARCEL D: A PARCEL OF LAND DEING PART OF LOTS 1, 2 AND 4, BLOCK 7, RIVERSIDE ADDITION TO T}fE CITY OF ASPEN, COLORADO, SAID PARCEL IS MORE FULLY DESC_Rlnt>n As FoLf.ows: UEGINNING A'f A POINT ON THE WESTERLY LINE OF SAID LOT 1 WHENCE 'f JIE SOUTHWESTERLY CORNER OF SAID LOT 1 DEARS S 00°14'00" W 15.51 FEET; T}JENCE S 00°14'00" W 23.00 FEET ALONG TILE WESTERLY LINE OF SAID LOTS 1 AND 4; TfiENCE S 85°41'25" E 40.05 FEET; TFJENCE N 21°50'00" E 15.00 FEET TO A POItYI' ON TJJE EASTERLY LINE OF SAID LOT 2; THENCE N 75°06'00" W 47.00 FEET ON A LINE PARALLEL TO AND 15.00 FEET FROM TfiE SOUTHERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL C: A TEN (10) FOOT STRIP ALONG THE SOUTHERLY LINE OF LOT 9, PROMONTORY SUBDIVISION, ASPEN, COLORADO, EXTENDING FROM TH£ SOUTHWEST CORNER OF SAID LOT AT PARK AVENUE EASTERLY APPROXIMATELY TWENTY-FIVE FEET (25') TO TEiE HEST SIDELINE OF A FIFTEEN FOOT (15') STRIP ALONG T}1E EASTERLY LINE OF SAID LOT PREVIOUSLY CONVEYED TO DR. ROBERT BARNARD. PARCEL D: BEGINNING AT THE RECITED NORTHEASTERLY CORNER OF LOT 2, BLOCK 7, RIVERSIDE ADDITION TO TEiE SOUTHWESTERLY CORNER OF AN EXCEPTION PARCEL RECITED IN BOOK 457 AT PAGE 136, PITKIN COUNTY CLERX AND RECORDER'S OFFICE, BEING A REBAR AND CAP FOUND IN PLACE'BEARS N 88°03'35" E A DISTANCE OF 17.55 FEET; THENCE N 75°06'00" W ALONG THE NORTH BOUNDARY LINE OF SAID LOT 2, BLOCK 7, A DISTANCE OF 32.48 FEET; TFSENCE N 04°35'38" E ALONG THE WESTERLY LINE OF THE EASTERLY 15.00 FEET OF LOT 9, IILOCF 1, PROMONTORY SUBDIVISION A DISTANCE OF 13.77 FEET TO A POINT ON AN EXISTING FENCE LINE; THENCE ALONG SAID FENCE LINE THE FOLLOWING TWO (2) COURSES; S 87°00'10" E A DISTANCE OP 4.44 FEET; THENCE S 50°49'49" E A DISTANCE OF 28.10 FEET TO A POINT ON THE SOUTJfERLY BOUNDARY OF LOT 7, BLOCK 1, PROMONTORY SUBDIVISION; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE S 77°45'35" E A DISTANCE OF 5.37 FEET; THENCE S 21'50'00' W ALONG THE RECITED EXTENSION OF THE EASTERLY BOUNDARY LINE OF LOT 2, BLOCK 7, RIVERSIDE ADDITION TO TtiE CITY OF ASPEN A DISTANCE OF 3.19 FEET TO THE POINT OF BEGINNING, DESCRIBED PARCEL CONTAINING 282.0 SQUARE FEET, MORE OR LESS. _ COUNTY OF PITKIN, STATE OF COLORADO. Schedule _Page No. 005-I-999-0060/? n o,c,ninl __ DyG1J j111G 1llJ LLl QL 0.,G ~1 /1 ~1V1Ql1Vll VVVIV ~TSJ YVLIIJY ~.~ CASE NUMBER DATE OF POLIq THE POLICY NUMBER SHOWN ON THIS SCr..,~i1LE' POLICY NUMBER MUST AGREE WITH THE PREPRINTED NUMBER PCT-293-86 AUGUST 14 , 1986 ON THE COVER SHEET 85-00-492987 Schedule B This policy does not insure against loss or damage by reason of the following: 7. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, no[ shown by the public record. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any factswhich a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed bylaw and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for 1986 not yet due or payable. 7. ALL .^,Creets, alleys, si.dt~walks, utilities, power, water and telephone lines, rights of way and easements with respect thereto. 8. Reservations and exceptions as containted United States Patent recorded in Book 175 at Page 246. 9. Terms, conditions, obligations, provisions and restrictions which do not contain a forfeiture or reverter clauses, as set forth in instrtunettt recorded in Book 188 at Page 2. 10. A five (5') foot strip of land reserved for the expansion of Park Avenue as reserved and as shown on Plat of Promontory Subdivision recorded in Plat Book 2A at Page 240. (Affect Parcel C) 11. Any question as to the size or location of the subject property and as to the encroachment of the subject property onto adjoining property. 12, Any and all interests, claims of interests, or rights as to Parcel B as set forth herein. (Upon further examination of the records, this exception may be deleted.) 13. Terms, conditions, provisions and restrictions of Statement of Exception recorded AUGUST 14, 1986 in Book 516 at Page 749. 14. Terms, conditions, provisions and restrictions as set forth in Restrictive Covenants recorded August 14, 1986 in Book 516 at Page 753. I5. Deed of Trust from ARJA J. ADAIR to the Public Trustee of Pitkin County for the use of PIRST S^cCURITY SAVINGS AND LOAN ASSOCIATION to secure $133,250.00 dated AUGUST 14, 1986 recorded AUGUST 14, 1986 in Book 516 at Page 759. Policy 95 Rocky Mt. IRev. 2.79) Litho in U.S.A. Form No. 035-0-095-0502/2 ALTA Owner's Policy-Form B 19701Rev. 1617.70 and 10.17-941 Coovriaht 1969 LETTER OF AUTHORIZATION September 3, 1998 David Muckenhirn of Ventures West Enterprises, Inc. is hereby authorized to act as my agent and representative in all matters regarding the application for Conditional Use for two ADUs and for DRAC approval of the plans for my property located at 126 Park Avenue, Aspen, Colorado. ~w ~ 9 : ~~i ~-.~ ~i Arja P. Adair Jr. ~:~aa~ia~eaaircau.ooi oo;oa;acs o~:ia ra:t nsnsesssza c dui .~.SAE~Y/PTTiSI-`- CONAYIL'YI'TY DE1'E1.OP'.1~IE`f C I)EPART~IEIV'C Aga'eement °or Pa7rm®t of Cite of :ripen Developtn~eat ~ippllrarion Fees (Plesee Porn Cleasfy) Clif OF .+tSPE~i I ?haetnai;[a~ _i t wad ^~ l~ p ~ ~/~~~ N Q . (harioatterAPPLIC1uY'I~ AViZ.~....~:i FOL:,OWS: AP?LiG^uYI' bas sub~stetl to CTTY an aeolicadoa for,`C!~^G .+~ D t 2 D v Pte- {hereiaatier. TY?~ PROJECT). ? r1PPLIC.a.`TT understands and sQttts that City as aspen Ordinance No. 13 iSraes of 1996 esablishes afee srrvcttae for fatal rue applitaaons and dte vavment of all cocessing :ees .s a cortdinoa ptscsdrnt to s de:e:tatn~toa of ;tpplicavon compce:c::es:~. .. .~?L:C.atiT and C:'."f aptee chat. because of the :ue. aanue or scope ui the yroocsed prajec_ it s sot possibly at this ttne tq ascertattt the :til extent :tf the Coss invoi•~ed in processing the s~piicasion. ~.P°L:C.su`CC and CTl'Y fttttbe: s~'e •.hat ,t s u Le itte:asr of •he pttr es :o a1ov+ .~PPLIC:4`+"1' :o make a!+me~t of as itucai aecosit and -o cue:enitrr perattt :aidiaoaai :.ors to be billed to ~PPC:C.atiT as a monthly besis..aliO::C.a:~"; gees 'te gill be 'oe^e^ted by :e~iaittg gseste~ cosh :iatt;dity and •uiil9aie adtlitiottai -e} vests anon notiIIcadon vy ~e C i `f •xiua hr;~ ere sexessar+ as costs are incased. CIT'! trees it ~.+ni: ate '~e^re~s:d through the 3> ante: ca-mien' of recovering its Call costs to ptoc~s APPLIC.~tY"CS ctopGariott 1. CITY sad -~°L.'C.~:V ; n:nhc agree that it is i>;lptac5cable far C?TY ;rsii:o co'ztpiese prat: swing or ptPSeat sw$cient iatotmarioa to cite P!aaning Cottuissioa and or City c: Quota to enable :he Planning Cotntnissian aadlor (:ity C~tuu1 to make ieatilly recttited Hndiags `4r peejsc: a{tnrovaL unless :ut7ent biiliags are paid in ~tll prier :o decision. 5. Therefat~ .J,P°LIC.~NT agrees ;hat m cersi3eraacA of :il` a C'i .!'s waiver ur its :igttt :o collect Sall *~es grim to a detcminaIIOa,of application umpire^.erss..aP°LIC.atti'T shad pay an itudal deposit in the amotmt of S~t ~~ Nhich s roz ,~,~ hours of Plaatting staff time, and if aeroal :xotaed cores e.tceed 1te initial deposit, .~PPLICA~iT sisal:. pay sdditioaal motuhly billings rA C1T•f :o tximbnrse rhs CI^f for the proeessing of the applicaton meadoaed above, including post approval r_viety. Such pentxiic payments Shall co n~sde •xithin .0 days o2 ;ho-billiaq dafrn APPLIC.Lt~1T ftudte agrtxs that siltm to pay sac;, mt:c-vad coca shall be givvtaads far strypeasioa of processing. CITY OF A5PE'v .#PFLIC.•1NT' ~~ ~ Signetare: il+~ c.. ~c ~~ sett a~en Date: 'f ~'~ 211T ° Commttairy Devefopmeat Direcsor Printed Yaete: ~ ~ A r P 1~~lA +R .1 R . Gity of Asps bfailiag address: 58~'S r5. ~tENewa ~l1y, ECG t~'~4 ~ Q' 1 l *-. / Project: Applicant: Location: Zone llistt•ict: Lot Size: Lot Area: ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM (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 ncl leasable: ('xi.ctin~~: N~A Proposed: NfA,_ _ __ - -- Numhcr of residential units: li.ci.elin,4: 2 /'rnpu.erd: 2, Numbcrol•hcdrooms: lixi.etin~: 4 Prupu.ced:_ G_~_~-a~) Proposed °/<~ of demolition (Historic properties only):- l±t~ DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On-Site parking: Site coverage: Open Space: Front Setback: Rear Setback: Combined F/R: Side Setback: Side Setback: Combined Sides: Existing.• t~~# Allowable: Z3 ss,q Proposed: ` Exis[ing.•1l' 3-Allowable: 25 3o Proposed: ,2' v?9- Existing.• ~ Allowable: --- Proposed.• -~ Ezisting:~Required: (~ Proposed:_~__ Existing: .~q Required.•_y~_Proposed.•~_ Existing: o Required: 53 Proposed• $'~ E•xis[ing: O 2a Reyuired. /~ 20 Proposed: /e to Existing: Tp D Reyuired: 2- /p Proposed: to Existing:_3Q_Reyuired: 3p Proposed.• Existing:_~_Requirect S Proposed S L+'xisting: 2 Z Reyuired.• ~. ~ ~ Proposed: Existing: 3/ Required: ~~~ ~ Proposed• ~ 2. Existing non-conformities or encroachments: ~ ~N~ GoN FDIeIM IN G D(~I-t~1C Variations requested: ~(/(NboWS ~ ~A12AGE I~oot2b--- ~~. ~. E AVENUE ~ ~'` ~. ~ ~, ._- i 95 _o O ~~-`F'~ c ~r-~~y~ ~--a=___ P~~ /~U~ ~ = f ~y: ~- 0 _~ a w, Q 0 Z Q J O L ,,~.. ADAIR DUPLE% DRAC VARIANCE REQUEST For this application for DRAG design approval, variance from two design standards is requested: 1.) Floor area penalty for 9'-12' off the second 2.) Garage doors set back facade. windows in the "no windows zone" floor; and 10 feet from the front building Regarding the windows in the "no windows zone", we understand that this a situation to which it was not meant to apply and therefore ask for relief. Relief from the garage doors criteria is requested because the lot shape makes it extremely difficult to comply with this criteria. The lot is small, wide with a shallow building envelope, 12 deep on the south end. There is no alley or rear access. Perpendicular or access from the side would consume the lot with pavement. The design submitted is for a duplex with an ADU in each unit, as encouraged by the Aspen Area Community Plan. This is not a massive single family residence. The room sizes are not extravagant, they are minimal. There is barely room for the required parking as it is. Code allows for variance from two ADU parking spaces which is not being requested as we feel it would not be realistic. We are committed to renting the ADU's as well as the duplex units and our past rental experience indicates the parking to be necessary. aavia~aaair.aos ~.._. _. N030 1 Z --` 03HS _ .SO' ~ 9LfZ ^ Q ~INe _s~~~Il1~C / Ill _u O ~ - 7 - ~ / ~ Q ~ ave-3a ~ / ~~~ \ ~ I / ~ P~ `_ i ~ I ~ ti ~~3a ~ #R1 '' 3nlaa o o~ z y~ / / '' ~ ~ ~o ~ ~- ~ ~ I ~ e I ~'"~ mg ~~~ ~~ A a ~ ~ `~ ~ ~ ~ -~ ~ ~ ~ 3n I ao =~ 3 ~ m ~+ / / l' l I 1 ~y / // N / / 'o T / ~„ OOT WBl IIIS ~m / ~` ~ ~ ~ ~f I ,1 \ I~1 N ra t 1 ~J X030 ~ of 'gt \ ~ y I `. e ~ \ \ ~ ---- 7 IIVM 311 ~- \ I V :llflfl _Sbivls _.. q .// O ~) 1 I1 1.' 1.1/ ~ '~~ ? - - W ;, ~s~~,= nn w ~~ ~ - t~' ~ ~ ~. v I ~ ~ ;v ~ ~_~~ ~ ~ Q ul ~~. „ ~ ..~ _ ;~ ~- !~a ~~/' ~- I~ 0 .~ `~I 1 Q DTI 1 V i i d --- -~ - -~ -~ a. I- - i _-i ~ :~.~ _ _. i ~` ~ ~. -~ - ~~ ~~ ~ ~~ ~' ~ _ ` ~-~. ;~ .~ ~ -- --~ ~_-~ 6 -,zz -- ~ G _~ u 3 a. 1~~ `Y.^.,~ .I f I~ (-~ ~.~ ,s ~ ~~ .~ ~, xz J ~ ~ Q ~ ~ ~) ~~ I: ' r-I'' e n r -~ I--=.~ ~-.~_- .- _~_ _ -T = l \ --'F -/ \\ --- _ -- ~~ `~~~ ~ - - ~, -,l ~i, _ i,, ~~i' ~~~_ r~ ~ k~ 9 ~~ 0 N to 0 i ~s ,~ \~ Y~ <I i ~il ~~~ , ~~~ 0 ~i ~~ I I a ~---I Z~', ~i J 0.= /Y' O X a j J l ~~ J L~.. r~ ~~ ~ ! n ll ~ ~ ~ Q ~ ~ -- Z ~- • 1 ~ ~\ ,,,,,+ ~ ~ \ / ~ ~ >- /°\ LL I~ ~ i ~{~ ~ o .~-- 1 # al ~ ~ II ~ ~,~- ~, ~\ A ~ CD - i-~ r ~ z ,Z ,_ _ _ _ _ i ~ , - _ _ ----_ a ~~ ~_ z P ,._._. -- ~ i-- ~_ N ~ IU v~ z ~ Cl ~ d ~ ' ~ °~ ~ ~~ ~ , ~'-- ..-, o~~~~/ ~ ,~.,, .- .~ 1 r~? a O L ~- z ~- _ _ ~~ -E+ d ~ X W J 0 (~- ~ ~ o _~ J y~ ~ ~; Q --~ ~~ Q; w Q' 3~ 0 ~i ~- - _ _ e_.. y 4 ' .r ../ ADAIR DUPLER RESPONSE TO THE REVIEW STANDARDS FOR A CONDITIONAL USE DEVELOPMENT AND AN ACCESSORY DWELLING UNIT (ADU) DEVELOPMENT This is an application for approval of an ADU in each unit of a duplex in the R-6 zone district. As set forth in Section 26.28.040 of the city code, ADU's meeting the provisions of Section 26.40.090 are permitted as conditional uses in the R-6 district. The R-6 zone district is a "medium density residential district which purpose is to provide long-term residential uses with customary accessory uses". The R-6 zone district is "generally found in the original Aspen Townsite, contains relatively dense settlements of predominantly detached and duplex residences within walking distance to the center of town". The subject ADU's clearly meet the above criteria for the R-6 district. Additionally, the duplex with its ADU's meets the dimensional requirements of the R-6 district without requiring variance from them. The Conditional Use of the subject ADU's is not only consistent with the Aspen Area Comprehensive Plan (AACP), it is required by it. The subject ADU's are consistent with the following objectives of the AACP: - They are part of a small to mid-sized project dispersed in the Aspen Metro Area; - They are an infill development within the urban area which allows more employees to live close to where they work and helps preserve open space and rural areas; - They are part of a public/private partnership for the development of employee housing; and, - They are interspersed with free market housing This Conditional Use is consistent and compatible with the mixed character of the surrounding neighborhood. The neighborhood is comprised of single family and duplex residences some with ADU's. The proposed ADU's are well integrated into the primary duplex and somewhat obscure from the community itself. They will not create a density pattern inconsistent with the established neighborhood. Both subject ADU's are expected to have minimal visual, pedestrian, parking and noise impact on the surrounding property. Visually, only the guardrails for the access stairways will be seen as they are both basement units. On-site parking is provided. (Presently the occupants of the existing duplex park on the street.) The existing public services and facilities are adequate for this Conditional Use. davld\edalradu.001 ,, ~~ ADAIR DUPLE3C ... RESPONSE TO THE REVIEW STANDARDS FOR A CONDITIONAL USE DEVELOPMENT AND AN ACCESSORY DWELLING UNIT (ADU) DEVELOPMENT This is an application for approval of an ADU in each unit of a duplex in the R-6 zone district. As set forth in Section 26.28.040 of the city code, ADU's meeting the provisions of Section 26.40.090 are permitted as conditional uses in the R-6 district. The R-6 zone district is a "medium density residential district which purpose is to provide long-term residential uses with customary accessory uses". The R-6 zone district is "generally found in the original Aspen Townsite, contains relatively dense settlements of predominantly detached and duplex residences within walking distance to the center of town". The subject ADU's clearly meet the above criteria for the R-6 district. Additionally, the duplex with its ADU's meets the dimensional requirements of the R-6 district without requiring variance from them. The Conditional Use of the subject ADU's is not only consistent with the Aspen Area Comprehensive Plan (AACP), it is required by it. The subject ADU's are consistent with the following objectives of the AACP: - They are part of a small to mid-sized project dispersed in the Aspen Metro Area; - They are an infill development within the urban area which allows more employees to live close to where they work and helps preserve open space and rural areas; - They are part of a public/private partnership for the development of employee housing; and, - They are interspersed with free market housing This Conditional Use is consistent and compatible with the mixed character of the surrounding neighborhood. The neighborhood is comprised of single family and duplex residences some with ADU's. The proposed ADU's are well integrated into the primary duplex and somewhat obscure from the community itself. They will not create a density pattern inconsistent with the established neighborhood. Both subject ADU's are expected to have minimal visual, pedestrian, parking and noise impact on the surrounding property. Visually, only the guardrails for the access stairways will be seen as they are both basement units. On-site parking is provided. (Presently the occupants of the existing duplex park on the street.) The existing public services and facilities are adequate for this Conditional Use. david\atlalredu.001 CASE STATUS SHEET resentative's esentative's Phone: s- ~ .ACTION OR ,~~~~, ,~,__._