HomeMy WebLinkAboutLand Use Case.CU.270 N Spring St.A48.98RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT DEED RESTRICTED TO MANDATORY OCCUPANCY,
STREAM MARGIN REVIEW, AND WAIVERS OF RESIDENTIAL DESIGN
STANDARDS FOR "VOLUME" AND "GARAGE PLACEMENT" FOR THE
PROPOSED BRANDING GROUP RESIDENCE, 270 NORTH SPRING STREET,
NORTH HALF OF LOT 2 AND ALL, OF LOTS 3, 4, 5, AND 6, BLOCK 2,
OKLAHOMA FLATS ADDITION, CITY OF ASPEN.
Parcel No. 2737 - 073 -11 -005
Resolution #98 -a5
WHEREAS, the Community Development Department received an application
from Kristeen Rosenberg of the Branding Group, owner and applicant, requesting
Conditional Use approval for an Accessory Dwelling Unit of approximately five hundred
and eighty seven (587) square feet, deed restricted to mandatory occupancy, to be located
in a space above a proposed garage, a request for Stream Margin Review approval for
development within the 100 -year floodplain, and a request for variances to the "Volume"
and "Garage Placement" elements of the Residential Design Standards for a new
residence to be located at 270 Spring Street, north half of Lot #2 and all of Lots 3, 4, 5,
and 6, Oklahoma Flats Addition; and,
WHEREAS, the parcel is approximately 14,175 square feet and located in the
Low Density Residential (R -30) Zone District; and,
WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code,
Accessory Dwelling Units in the R -30 Zone District may be approved by the Planning
and Zoning Commission as a Conditional Use in conformance with the requirements of
said Section; and,
WHEREAS, pursuant to Section 26.68.040 Stream Margin Review, development
within the 100 -year floodplain, in conformance with said Section, may be approved by
the Commission; and,
WHEREAS, pursuant to Section 26.58 Residential Design Standards, the Design
Review Appeal Committee, or any other Board for which land use approval is required,
may waive certain requirements of said Section upon finding the development either (a)
is in greater compliance with the goals of the AACP, (b) exhibits a more effective method
of addressing standard in question, or (c) exhibits a necessary reason for a waiver based
on unusual site specific constraints; and,
WHEREAS, the Housing Office, Water Department, Fire Marshall, Aspen
Consolidated Sanitation District, City Engineering, and the Community Development
Department reviewed the proposal and recommended approval with conditions; and,
WHEREAS, during a public hearing at a regular meeting on September 15, 1998,
the Planning and Zoning Commission approved by a 7 -0 vote the Conditional Use for an
Accessory Dwelling Unit deed restricted to mandatory occupancy, approved the Stream
Margin Review, and waived the "Volume" and "Garage Placement" element of the
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tury
Residential Design Standards for the Branding Group residence, 270 Spring Street, with
the conditions recommended by the Community Development Department, as amended
by the Commission during the hearing.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for a 587 square foot Accessory Dwelling Unit, deed restricted
to mandatory occupancy, to be located above a proposed garage, the Stream Margin
Review, and the waiver of the "Volume" and "Garage Placement" elements of the
Residential Design Standards are approved for the proposed Branding Group residence,
270 North Spring Street, with the following conditions:
1. Before the building permit application may be accepted, the applicant shall provide a current
site improvement survey wet signed and sealed by a Registered Engineer or Land Surveyor.
2. The Planning and Zoning Commission hereby approves the 587 square foot Accessory
Dwelling Unit, as represented. The Zoning Officer shall measure half of the ADU's Floor Area
as contributing to the maximum allowable for the parcel as the unit shall be deed restricted to
mandatory occupancy.
3. Before issuance of a building permit, the Accessory Dwelling Unit shall be deed restricted and
registered with the Housing Authority. Prior to issuance of a Certificate of Occupancy, the
Unit shall be inspected by the Housing Authority or the Zoning Officer to ensure the unit was
built in substantial conformance with the permit plans and this Resolution.
4. The permit plans shall designate one on -site parking space for the Accessory Dwelling Unit
which is not stacked with a space for the primary residence.
5. The Planning and Zoning Commission hereby waives the "Volume" and "Garage placement"
elements of the Residential Design Standards for this project. Any substantial change to the
proposed residence which necessitates an additional or different variance from the design
standards shall require review and approval by the Design Review Appeal Committee, or any
other board from which the project requires land use approval.
6. The building envelope for this parcel shall coincide with the zoning setbacks for this parcel.
The top -of -slope does not occur within the parcel boundaries. The front yard shall be measured
from the Bay Street parcel line. No development may occur outside of this building envelope
accept as represented on the proposed landscape plan. The applicant shall provide a landscape
plan, with the building envelope shown, with the building permit set for review and approval.
7. The building envelope shall be barricaded to protect existing vegetation prior to issuance of a
building permit. Adequate construction access should be placed to minimize disturbance to the
existing vegetation but does not need to be barricaded.
8. All exterior lighting shall be downcast and not used to accentuate architectural or landscape
features of the property.
9. The applicant shall, to the extent practical, coordinate the relocation of the cabin and smaller
accessory structure with Denise Reich, neighbor. This condition shall pot be construed to be a
condition of this development proposal.
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10. A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees as per Section 13.20.020 of the Code.
11. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall pay
all connection charges due to the Aspen Consolidated Sanitation District. The applicant
shall connect the ADU to the sanitary sewer in a manner acceptable to the ACSD
superintendent.
12. Prior to issuance of a building permit, the applicant shall obtain a permit from the
Environmental Health Department for any certified woodstoves or gas log fireplaces (new
coal- & woodburning fireplaces are not allowed).
13. 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.
14. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a Floodplain
Elevation Certificate, demonstrating the structure has been constructed according to
requirements of building within the floodplain, to the City Engineer.
15. 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.
16. All utility meters and any new 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. Meter locations must be accessible for reading and may not be obstructed.
17. 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.
18. 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.
All vehicle parking, including contractors' and their employees', shall abide by the 2 hour
residential parking limitation of the area. The applicant shall inform the contractor of this
condition.
19. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 10 p.m.
20. Before issuance of a.building permit, the applicant shall record this Planning and Zoning
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.
21. 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.
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MAY IT FURTHER BE RESOLVED by the commission:
that with regards the proposed guest parking along the north side of the property which
represents a second curb cut disallowed by the; 6icipif cbde, th$ disposition of this
Planning and Zoning Commission is that upon tq;curbing and guttering of Bay Street the
City should allow for a second curb cut for roperC}�,at this locati0x. This disposition
does not create a legal or vested right. ;
APPROVED by the Commission at its regular meeting on September 15, 1998
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
ATTEST:
Y ckie Lothian, Dfeputy City Clerk
Sara Garton, Chair
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MEMORANDUM
TO: Planning and Zoning Commission
THRU: Julie Ann Woods, Deputy Director _
FROM: Christopher Bendon, Planner
RE: Branding Group -- 270 North Spring Street.
Conditional Use for an Accessory Dwelling Unit (GMQS Exemption)
Stream Margin Review
Residential Design Variances
DATE: September 15, 1998
SUMMARY:
Kristeen Rosenberg of the Branding Group, applicant and owner, has applied for
Conditional Use approval for an Accessory Dwelling Unit, Stream Margin Review,
and a waiver from the Residential Design Standards for the placement of the garage
and for windows within the 9 -12 foot `no window zone.'
The property is located at the intersection of Spring and Bay Streets within the
Oklahoma Flats Addition. It is currently developed with a small cabin and two
accessory structures. The parcel is not adjacent to the river, but must gain Stream
Margin Review because it is within the 100 -year floodplain. The Accessory Dwelling
Unit will allow for an exemption from Growth Management. The applicant is
seeking an FAR bonus for the detached unit.
Staff recommends the Planning and Zoning Commission approve the
Conditional Use, the Stream Margin, and Residential Design Variance for
"Volume" for the Branding Group residence, with conditions.
APPLICANT:
Kristeen Rosenberg of the Branding Group. Represented by Bill Poss and
Associates, Architecture and Planning.
LOCATION:
270 North Spring Street.
ZONING:
Low Density Residential (R -30)
LOT SIZE:
14,175 square feet.
LOT AREA (FOR PURPOSES OF FAR CALCULATION):
FAR:
14,175 square feet.
Allowable -- 4,442 square feet
Existing -- not provided (probably less than 1,000 s.f.)
Proposed -- 4,442 square feet
CURRENT LAND USE:
Single - Family home with accessory buildings.
PROPOSED LAND USE:
Single - Family home with an Accessory Dwelling Unit
PREVIOUS ACTION:
The Commission has not previously considered this case.
0
REVIEW PROCEDURE:
Conditional Use. The Commission shall approve, approve with conditions, or
disapprove the application at a public hearing.
Stream Margin. The Commission shall approve, approve with conditions, or
disapprove the application at a meeting.
Residential Design Appeals. The Design Review Appeal Committee (DRAC), or any
other board for which land use approval is required, shall approve, approve with
conditions, or disapprove the application at a public hearing.
STAFF COMMENTS:
The parcel is currently developed with a small cabin and two accessory structures
(which are actually larger than the cabin). Denise Reich, neighbor, has contacted the
applicant and the City Staff concerning moving the cabin and the smaller shed
structure to a vacant lot along the river within the same neighborhood. Staff has
included a condition of this approval that the applicant cooperate to the extent
practical with moving these structures. This condition is meant to encourage the
applicant to transfer the two buildings but not restrict their development plans if the
coordination cannot be accomplished.
Review criteria and Staff Findings have been included as Exhibit "A." Agency
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, the Stream Margin Review, and the Residential
Design Waivers for the Branding Group project, 270 North Spring Street, with the
following conditions:
2
I . Before the building permit application may be accepted, the applicant shall provide a current
site improvement survey wet signed and sealed by a Registered Engineer or Land Surveyor.
2. The Planning and Zoning Commission hereby approves the 587 square foot Accessory
Dwelling Unit, as represented. The Zoning Officer shall nigsu half of tl e Q F o r Area
as contributing to the maximum allowable for the parcel if-eiEmnt>s�yedtestricted to
mandatory occupancy,
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3. Before issuance of a building permit, the Accessory Dwelling Unit shall be deed restricted and
registered with the Housing Authority. Prior to issuance of a Certificate of Occupancy, the
Unit shall be inspected by the Housing Authority or the Zoning Officer to ensure the unit was
built in substantial conformance with the permit plans and this Resolution.
4.
The permit plans shall designate one on -site parking space for the Accessory Dwelling Unit
which is not stacked with a space for the primary residence.
5.
The Planning and Zoning Commission hereby waives the "Volume" elemengof the Residential
Design Standards for this project. Any substantial change to the proposed residence which
necessitates an additional or different variance from the design standards shall require review
and approval by the Design Review Appeal Committee, or any other board from which the
project requires land use approval.
6.
The building envelope for this parcel shall coincide with the zoning setbacks for this parcel.
The top -of -slope does not occtlywithin the parcel boundaries. The front yard shall be measured
Lind No development occur outside of this building envelope
from the Bay Street parcel may
acce or the driveway to the garage, native vegetation approved by the Parks Department, and
walkways shown in the application drawings. The applicant shall provide a landscape plan,
with the building envelope shown, with the building permit set for review and approval.
7.
The building envelope shall be barricaded to protect existing vegetation prior to issuance of a
building permit. Adequate construction access should be placed to minimize disturbance to the
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existing vegetation but does not need to be barricaded.
(�vl 8.
All exterior lighting shall be downcast and not used to accentuate architectural or landscape
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features of the property.
V �( 9.
The applicant shall, to the extent practical, coordinate the relocation of the cabin and smaller
�"
accessory structure with Denise Reich, neighbor. This condition shall not be construed to be a
condition of this development proposal.
10. A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees as per Section 13.20.020 of the Code.
11. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall pay
all connection charges due to the Aspen Consolidated Sanitation District. The applicant
shall connect the ADU to the sanitary sewer in a manner acceptable to the ACSD
superintendent.
12. Prior to issuance of a building permit, the applicant shall obtain a permit from the
Environmental Health Department for any certified woodstoves or gas log fireplaces (new
coal- & woodburning fireplaces are not allowed).
13. 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.
14. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a Floodplain
Elevation Certificate, demonstrating the structure has been constructed according to
requirements of building within the floodplain, to the City Engineer.
loci
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15. 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.
16. All utility meters and any new 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. Meter locations must be accessible for reading and may not be obstructed.
17. 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.
18. 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.
All vehicle parking, including contractors' and their employees', shall abide by the 2 hour
residential parking limitation of the area. The applicant shall inform the contractor of this
condition.
19. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 10 p.m.
20. Before issuance of a building permit, the applicant shall record this Planning and Zoning
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.
21. 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 Review for a 587 square foot Accessory
Dwelling Unit, approve the Stream Margin Review, and grant the waivers to the
' ( ( 'Volume" an "G aar Qe Placement" provisions of the Residential Design Standards
for the Branding Group Residence, with the conditions outlined in the Community
Development Department memo dated 15 September, 1998."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Referral Agency Comments
} 1 Exhibit C -- Development Application
�l�l's
APPLICANT: Kristeen Rosenberg of the Branding Group (Represented by
Bill Poss and Associates)
LOCATION: 270 North Spring
ACTION: CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT
(GMQS EX'EMPTION), STREAM MARGIN REVIEW,
RESIDENTIAL DESIGN VARIANCES
Standards Applicable to all Conditional Uses
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.
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 standards imposed
on it by the Aspen Area Comprehensive Plan and by all other applicable
requirements of this title.
OVER -
Accessory Dwelling Units:
Accessory dwelling units shall contain not less than three- hundred square feet
and no more than seven - hundred square feet of net livable area. The units 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 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 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 -1513 zone district.
An attached accessory dwelling unit shall utilize alley access to the extent
practical.
Development Review Standards:
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.
Where the proposed development varies from the dimensional requirements of
the underlying zone district, the P & Z shall find that the variation is more
compatible in character with the primary residence than the development in
accord with dimensional requirements.
The P & Z and the HPC may exempt existing nonconforming structures, being
converted to a detached accessory dwelling unit, from the requirement
immediately above, provided that the nonconformity is not increased.
Conditional use review shall be granted pursuant to Section 26.60.040 standards
applicable to all conditional uses.
RESIDENTIAL DESIGN STANDARDS:
If a variance is granted, it would have to be based on one of the following
criteria:
1. The proposed design yields greater compliance with the goals of
the Aspen Area Community Plan.
2. The proposed design more effectively addresses the issue or
problem the given standard responds to.
3. A variance is clearly necessary for reasons of fairness related to
unusual site specific constraints.
Garage: All portions of a garage, carport, or storage area parallel to the street
shall be recessed behind the front facade a minimum of ten feet.
Volume (windows): All areas of 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 15 feet above floor level.
STREAM MARGIN:
Standards applicable to development within 100 feet of the Roaring Fork River and
its tributary streams:
A. No development shall be permitted in the floodway, with the exception of
bridges or structures for irrigation, drainage, flood control or water
diversion, which may be permitted by the City Engineer, provided plans
and specifications are submitted to demonstrate that the structure is
engineered to prevent blockage of drainage channels during peak flows
and the Commission determines the proposed structure complies, to the
extent practical, with all standards set forth below.
B. No development shall be permitted within one hundred (100) feet,
measured horizontally, from the high water line of the Roaring Fork River
and its tributary streams, or within the Special Flood Hazard Area where
it extends beyond 100 feet from the high water line of the Roaring Fork
River and its tributary streams, unless the Commission makes a
determination that the proposed development complies with all
standards set forth below:
It can be demonstrated that any proposed development which
is in the Special Flood Hazard Area will not increase the base
flood elevation on the parcel proposed for development. This
shall be demonstrated by an engineering study prepared by a
professional engineer registered in the State of Colorado which
shows that the base flood elevation will not be raised, but not
limited to, proposed mitigation techniques on or off -site which
compensate for any base flood elevation increase caused by the
development.
2. Any trail on the parcel designated on the Aspen Area
Community Plan, Parks/Recreation/Open Space/Trails Plan
Map, or areas of historic public use or access are dedicated via
a recorded easement for public use. Dedications are
necessitated by development's increased impacts to the City's
recreation and trail facilities including public fishing access.
3. The recommendations of the Roaring Fork Greenway Plan are
implemented in the proposed plan for development, to the
greatest extent practical.
4. There is no vegetation removed or damaged or slope grade
(cut/fill) made outside of a specifically defined building
envelope. A building envelope shall be designated by this
review and said envelope shall be barricaded prior to issuance
of any demolition, excavation or building permits. The barricades
shall remain in place until the issuance of Certificates of
Occupancy.
The proposed development does not pollute or interfere with the
natural changes of the river, stream or other tributary, including
erosion and/or sedimentation during construction. Increased on-
site drainage shall be accommodated within the parcel to prevent
entry into the river or onto its banks. Pool or hot tubs cannot be
drained outside of the designated building envelope.
6. Written notice shall be provided to the Colorado Water
Conservation Board prior to any alteration or relocation of a
water course, and a copy of said notice is submitted to the
Federal Emergency Management Agency.
A guarantee is provided in the event a water course is altered or
relocated, that applies to the developer and his heirs, successors
and assigns that ensures that the flood carrying capacity on the
parcel is not diminished.
8. Copies are provided of all necessary federal and state permits
related to the work within the 100 -year floodplain.
9. There is no development other than approved native vegetation
planting taking place below the top of slope or within fifteen (15)
feet of the top of slope or the high waterline, whichever is most
restrictive. This is an effort to protect the existing riparian
vegetation and bank stability. If any development is essential
within this area, it may only be approved by special review
pursuant to Section 26.64.040(D).
10. All development outside of the fifteen (15) foot setback from the
top of slope does not exceed a height delineated by a line drawn
at a forty -five (45) degree angle from ground level at the top of
slope.
11. A landscape plan is submitted with all development applications.
12. All exterior lighting is low and downcast with no lights directed
toward the river or located down the slope.
13. Site sections drawn by a registered architect, landscape
architect, or engineer are submitted showing all existing and
proposed site elements, the top -of- slope, and pertinent
elevation above sea level.
14. There has been accurate identification of wetland and
riparian areas.
Exhibit A
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
standards of the Aspen Area Comprehensive Plan, and with the intent of the
zone district in which it is proposed to be located.
Staff Finding:
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.
Units separated form the principal residence are desirable and encouraged through the
provision of a "Floor Area Bonus." This "bonus" allows the applicant to count only 1/2
of the Floor Area of the ADU towards the maximum allowable for the property.
The applicant is seeking an exemption from GMQS.
Accessory Dwelling Units are a conditional use in the R -30 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 Finding:
The surrounding land uses are exclusively residential with a community park across the
river from the property. There are existing ADUs in the immediate area, including the
most recent ADU approved at the neighboring Elden residence.
(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 location, size, and design of the proposed conditional use is consistent with the zone
district requirements. Operationally, the ADU will have little impact on the surrounding
properties. Traffic impacts may be higher, but are not expected to be significantly higher
than that of a residence without an ADU. In fact, the ADU occupant could now or in the
future serve as a caretaker for the primary residence and possibly reduce the number of
service trips necessary.
The proposed ADU is approximately 587 square feet and provides the necessary
bathroom and kitchen elements. The proposal also includes an adequate amount of
storage area, a deck, and no internal connection to the primary unit - attributes which both
the staff and the Commission encourage but which are not necessarily required by the
land use code.
Staff Comments page 1
A parking space has not been designated for the Accessory Dwelling Unit on the
proposed site plan. The parking for the ADU should be provided on site and should not
be stacked with a parking space for the primary residence. ADU's should be able to
function separately from the principal residence and vice versa. Stacked parking
represents a conflict to the operational characteristics of the conditional use. For this
reason, staff is assuming the applicant intends to provide the ADU parking space within
the garage with the two primary residential spaces stacked. However, the Commission
should include a condition requiring the parking not be stacked between units.
(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 Finding_
Park fees are payable at building permit. Infrastructure capacity is sufficient for this
development and utilities are available.
(E) The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use.
Staff Finding:
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 Finding;
The applicant's property is within the 100 -year flood plain. In addition, Stream Margin
Review requires the establishment of a building envelope. Unnecessary site features,
vegetation with non - native plant species, and site grading are not desirable outside of a
building envelope or within the path of a flood event, but may be approved as part of a
site specific development plan.
The applicant is proposing two curb cuts; one for the garage and the second for a guest
parking space along Bay Street. Only one curb cut is allowed within residential zone
districts. This also represents additional development outside the building envelope
which is not permitted.
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 or two- bedroom
accessory dwelling unit.
Staff Comments page 2
Staff Finding_
The proposed 587 square foot ADU falls within the 300 -700 requirement. Parking
should be provided which is not stacked with a space for the principal unit and shown on
building permit plans. The applicant will need to show compliance with these
requirements before a building permit may be issued. The applicant will be required to
file a deed restriction on the unit prior to building permit.
2) An attached accessory dwelling unit shall be subject to all other dimensional
requirements of the underlying zone district.
Staff Finding:
The applicant is not requesting any variances from the dimensional requirements of the
zone district.
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 Finding:
The ADU is proposed above a garage which is detached from the principal residence.
4) An attached accessory dwelling unit shall utilize alley access to the extent practical.
Staff Finding:
This property does not have an alley. This critria does not apply.
A. Development Review Standards
I) 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 proposed ADU is subordinate to the main residences, the surrounding residential
uses, and will not create a density problem for the neighborhood. The ADU is within an
easy walking distance to primary employment and recreation opportunities.
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 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 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
Staff Comments page 3
Landmarked 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 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 to 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 Finding:
This is a complete demolition and replacement with no preservation of non - conformities
proposed.
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.
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 Finding:
Does not apply.
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 area for an above -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,
Staff Comments page 4
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 (450) 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:
To qualify for a "Floor Area Bonus," the ADU must be indeed a detached unit. This
required two things: 1) the unit's foot print shall be no greater than 450 square feet; and,
2) the attaching feature be no more than 1 story tall, no more than 6 feet wide, and at least
10 feet long.
It appears the unit qualifies as "detached" with the linking element. It also appears,
however, that the foot print of the ADU is more than the 450 square foot maximum. This
must be modified for the FAR "bonus" to be available.
The "bonus" allows the applicant to count only half of the ADU Floor Area towards the
maximum allowed for the property.
STAFF COMMENTS: Stream Margin
Section 26.68.040, Standards Applicable to Development within 100 feet of the Roaring
Fork River and its tributary streams.
A. No development shall be permitted in the floodway, with the exception of bridges or
structures for irrigation, drainage, flood control or water diversion, which may be permitted
by the City Engineer, provided plans and specifications are submitted to demonstrate that
the structure is engineered to prevent blockage of drainage channels during peak flows and
the Commission determines the proposed structure complies, to the extent practical, with all
standards set forth below.
Staff Finding
No development is proposed within the floodway. The floodway is closer to the actual high
water line and is more constrained than the floodplain. The property is entirely within the
floodplain.
B. No development shall be permitted within one hundred (100) feet, measured horizontally,
from the high water line of the Roaring Fork River and its tributary streams, or within the
Special Flood Hazard Area where it extends beyond 100 feet from the high water line of the
Roaring Fork River and its tributary streams, unless the Commission makes a determination
that the proposed development complies with all standards set forth below:
It can be demonstrated that any proposed development which is in the Special Flood
Hazard Area will not increase the base flood elevation on the parcel proposed for
development. This shall be demonstrated by an engineering study prepared by a
professional engineer registered in the State of Colorado which shows that the base flood
Staff Comments page 5
elevation will not be raised, including, but not limited to, proposed mitigation techniques on
or off -site which compensate for any base flood elevation increase caused by the
development;
Staff Finding
The applicant has prepared an engineering study showing very little affects on the base
flood elevation. The City Engineer has reviewed this study and concurs with the applicant -
there will be no significant impacts on the base flood elevation with the new residence.
2. Any trail on the parcel designated on the Aspen Area Community Plan,
Parks /Recreation /Open SpacefTrails Plan Map, or areas of historic public use or access are
dedicated via a recorded easement for public use. Dedications are necessitated by
development's increased impacts to the City's recreation and trail facilities including public
fishing access;
3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed
plan for development, to the greatest extent practical;
Staff Finding:
The property does not have any proposed trails and is not along the river where a
fisherman's easement would be required.
4. There is no vegetation removed or damaged or slope grade changes (cut/fill) made outside
of a specifically defined building envelope. A building envelope shall be designated by this
review and said envelope shall be barricaded prior to issuance of any demolition, excavation
or building permits. The barricades shall remain in place until the issuance of Certificates of
Occupancy;
Staff Finding
A building envelope must be established for this property and must be included in the
permit drawings. Zoning setbacks are acceptable for this boundary. The applicant's site
plan, however, appears to designate grade changes landscaping, and fence walls outside of
the building envelope. Also, it appears the existing vegetation outside the building
envelope will be completely removed.
Only native vegetative species approved by the Parks Department are allowed outside the
building envelope. The building envelope should be barricaded to prevent damage to
existing vegetation. This should also not allow removal of the existing vegetation. Site
grading does not appear to be necessary given the relatively flat site. The building permit
plans should include a revised landscaping plan showing only native vegetation outside of
the building envelope for the approval of the Parks Department.
The fence walls do not appear to be necessary and may further block flood water or
contribute to flood debris. The walls appear to encroach on the existing vegetation.
5. The proposed development does not pollute or interfere with the natural changes of the
river, stream or other tributary, including erosion and /or sedimentation during construction.
Staff Comments page 6
Increased on -site drainage shall be accommodated within the parcel to prevent entry into
the river or onto its banks. Pool or hot tubs cannot be drained outside of the designated
building envelope;
Staff Finding:
A drainage plan and report has been requested by the City Engineer as part of the building
permit. Any drainage mitigation necessary shall be designed for a 2 -year event.
6. Written notice shall be provided to the Colorado Water Conservation Board prior to any
alteration or relocation of a water course, and a copy of said notice is submitted to the
Federal Emergency Management Agency;
A guarantee is provided in the event a water course is altered or relocated, that applies to
the developer and his heirs, successors and assigns that ensures that the flood carrying
capacity on the parcel is not diminished;
8. Copies are provided of all necessary federal and state permits related to the work within the
100 -year floodplain; and
Staff Finding:
The development proposed will not interfere with the watercourse. The applicant will need
to provide a floodplain elevation certificate which will ensure the structure was completed
to the standards required for floodplain development.
9. There is no development other than approved native vegetation planting taking place below
the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever
is most restrictive. This is an effort to protect the existing riparian vegetation and bank
stability. If any development is essential within this area, it may only be approved by special
review pursuant to Section 26.64.040(D)
Staff Finding_
The applicant is not proposing development within this no- development zone. There is an
intervening parcel between the subject parcel and the river.
10. All development outside of the fifteen (15) foot setback from the top of slope does not
exceed a height delineated by a line drawn at a forty -five (45) degree angle from ground
level at the top of slope.
Staff Finding:
This requirement is for properties adjacent to the river. With the intervening parcel, the
progressive height restriction is overruled by the height restriction of the zone district - 25
feet.
11. A landscape plan is submitted with all development applications.
Staff Finding:
A landscape plan has been submitted. There are some improvements outside the designated
building envelope for landscaping, fence walls, parking, and grading. The Commission
may approve development outside the building envelope but staff is recommending any
development outside this envelope be limited. The additional "guest" parking should not be
Staff Comments page 7
allowed because it represents a second cut from the street. The building permit should
indicate this change.
12. All exterior lighting is low and downcast with no lights directed toward the river or located
down the slope;
Staff Finding:
The Commission should include a condition requiring downcast lighting.
13. Site sections drawn by a registered architect, landscape architect, or engineer are submitted
showing all existing and proposed site elements, the top -of- slope, and pertinent elevation
above sea level.
Staff Finding:
Because there is an intervening parcel between the river and the subject parcel, this site
section showing compliance with the top -of -slope would be rather meaningless. The
applicant has prepared elevations of the proposed structure for review.
14. There has been accurate identification of wetland and riparian areas.
Staff Finding:
The proposed development is not adjacent to the river and should not affect wetlands or
riparian habitat.
STAFF COMMENTS: RESIDENTIAL DESIGN
Section 26.58 Residential Design Standards
REVIEW PROCEDURE:
DRAC may grant relief from the Residential Design Standards at a public hearing if
the variance is found to be:
a) in greater compliance with the goals of the AACP; or,
b) a more effective method of addressing the standard in question; or,
C) clearly necessary for reasons of fairness related to unusual site
specific constraints.
GARAGE:
The applicant's proposed development is not in compliance with the following
Residential Design Standard:
All portions of a garage, carport, or storage area parallel to the street shall
be recessed behind the front facade a minimum of ten (10) feet.
Staff Comments page 8
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.
b) a more effective method of addressing standard in question; or,
Staff Findine:
The design is not more effective than the standard. The garage could be developed
in conformance with the standard. Staff is not supporting a variance of this garage
standard.
c) clearly necessary for reasons offairness related to unusual site
specific constraints.
Staff Finding
This site is flat and developable. The site does not represent a hardship.
VOLUME (WINDOWS:
The applicant's proposed development is not in compliance 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 15 feet above floor level.
In response to the review criteria for a DRAC variance, Staff makes the following
findings:
a) in greater compliance with the goals of the AACP; or,
Staff Finding
The proposed variance is not in greater compliance with the goals of the Community
Plan.
b) a more effective method of addressing standard in question; or,
Staff Findine:
The facade penetrations are fairly well designed and contribute to the overall design
of the project. The windows within the 9 -12 feet do not propose overly large
glazing. Staff believes the intent of the standard is met and is supporting this
variance.
c) clearly necessary for reasons of fairness related to unusual site
specific constraints.
Staff Findine:
This site is flat and developable. There is no attribute of the site which prevents the
applicant from meeting the standard.
Staff Comments page 9
0 U 1:. 1
To: Chris Bendon, Planner
Thru: Nick Adeh, City Engineer
From: Chuck Roth, Project Engineer
Date: September 10, 1998
Re: Branding Group Stream Margin Review and ADU
The Development Review Committee has reviewed the above referenced application at their August 12,
1998 meeting, and we have the following comments:
1. Improvement Survey - The application is incomplete because the improvement survey is not current
(within the past 12 months) as required by City Code and also because it is not sealed and signed in wet
ink. The improvement survey that was submitted is also deficient by not indicating that the entire
property is located within the 100 -year floodplain.
2. Floodplain - Prior to issuance of a building permit, the applicant must provide a completed floodplain
elevation certificate for the project as designed. Prior to issuance of a certificate of occupancy, the
applicant must provide a floodplain elevation certificate for the improvements as constructed.
3. Driveway - City Code permits one driveway per property. The final site plan must comply with City
Code.
4. Site Drainage - The existing City storm drainage infrastructure system is sub - standard and cannot
adequately convey storm runoff. The site development approvals must include the requirement of
meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that the
building permit application include a drainage mitigation plan (24 "x36" size plan sheet or on the lot
grading plan) and a report signed and stamped by an engineer registered in the State of Colorado,
submitted as part of the building and site plan, as well as a temporary sediment control and containment
plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report
must be provided with percolation test to verify the feasibility of this type system. Drywells may not be
placed within utility easements. The foundation drainage system should be separate from storm drainage,
must be detained on site, and must be shown on building permit drawings.
5. Fire Marshal - A sprinkler system for fire protection purposes is required if the building interior
exceeds 5,000 square feet. The final determination will occur when the square footages are determined
following City Code requirements.
6. Work in the Public Right -of -way - Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the applicant as follows:
The applicant must receive approval from city engineering (920 -5080) for design of
improvements, including landscaping, within public rights -of -way, parks department (920 -5120) for
vegetation species and for public trail disturbance, and 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.
DRC Attendees
Staff: Chris Bendon, Cindy Christensen, Stephanie Levesque, Ed VanWalraven, Chuck Roth
98M177
MEMORANDUM
TO: Chris Bandon, Community Development Dept.
FROM: Stefanie A. Levesque, Housing Office
DATE: August 12, 1998
RE: Branding Group Conditional Use for an ADU — 270 North Spring
Parcel ID No.
REQUEST The applicant is requesting approval for an accessory dwelling unit to be located
above an attached garage.
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 two -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 unTMUST 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.
Vefev Kel&798.adu
�sPA GOIMOlol¢fedc�¢nif¢fron fricf
565 North Mill Street
Aspen, Colorado 81611
Tele. (970) 925 -3601 FAX #(970) 925 -2537
Sy Kelly Chairman
Paul Smith Treas.
Louis Popish - Secy.
August 13, 1998
Chris Bendon
Community Development
130 S. Galena
Aspen, CO 81611
Re: Branding Group ADU
Dear Chris:
Michael Kelly
Frank Loushin
Bruce Matherly, Mgr.
The existing development at the site is currently served by the District. The addition of an ADU
will not adversely effect our ability to serve. Service is contingent upon compliance with the
District rules, regulations, and specifications which are on file at the District office.
We would request that a tap permit be completed at our office prior to the issuance of a building
permit. Total connection charges will be estimated at that time.
Please call if you have any questions.
Sincerely,
Bruce Matherly
District Manager
EPA Awards of Excellence
1976 1986 1990
Regional and National
Chuck Roth, 09:4 AM 12/9 /9bl-d Strea Margin
X- Sender: chuckr @comdev.ci.aspen.co.us
Date: Sat, 12 Sep 1998 09:42:45 -0600
To: chrisb @ci.aspen.co.us
From: Chuck Roth <chuckr @ci.aspen.co.us>
Subject: Branding Stream Margin
Nick has not reviewed my draft memo yet, but I have a couple additional items.
1. As suggested in my draft memo but not specifically identified, item
number 8 of the stream margin review application was incorrectly answered.
FEMA requires floodplain elevation certificates for eligibility for the
National Flood Insurance Program (NFIP).
2. Item 13 is incorrectly responded to because site SECTIONS were not
included. This relates to the requirement that no basements and habitable
spaces are constructed below the base flood elevation. The elevation
certificate must demonstrate that the lowest habitable floor space is two
feet above the base flood elevation. That is the clearance for the
structural elements, not the surface of the floor, provide two feet of
clearance above the base flood elevation.
Pri nted for C hristopher Be <chrisb @ ci.aspen.co.u s > 1
. 1 4 , MJ I.-
/r
605 EAST MAIN 57REi T
A SPEN, COL ORADC 81611
TELEPHONE 970/925 -47,
FACSIMILE 9701920 -2960
August 5, 1998
Chris Bendon
Aspen Pitkin County Community Development
130 South Galena Street
Aspen, CO 81611
Dear Chris:
Bill Poss & Associates represents The Branding Group (The Applicant) who owns
the property located at 270 North Spring Street in Oklahoma Flats, City of Aspen.
This Stream Margin application is a follow -up to our previous (ADU) application
dated 6/15/98. As referenced in our previous application, we are now submitting
the additional materials necessary to complete the Stream Margin portion of the
application.
STREAM MARGIN REVIEW
Pursuant to Section 7 -504 of the Land Use Regulations, all development within one
hundred (100) feet of the high water line of the Roaring Fork River, or within the
one hundred (100) year flood plain, is subject to stream margin review. As all of the
applicant's proposed improvements are located within the flood plain, review and
approval pursuant to the City's stream margin regulations is required. The specific
review criteria, and the proposed building envelope's compliance are summarized
as follows.
It can be demonstrated that any proposed development which is
in the Special Flood Hazard Area will not increase the base flood
elevation on the parcel proposed for development.
Based on the flood plain analysis provided by Schmuser Gordon Meyer, dated
8/5/98 and included as Exhibit 11, they feel that the net impact to the 100 -year
flood plain of the Roaring Fork River as a result of the proposed construction is
negligible and their will be no increase to the base flood elevation.
2. Any trail on the parcel designated on the Aspen Area Community
Plan, Parks /Recreation /Open Space/Trails Plan map, or areas of
historic public use or access are dedicated via a recorded
easement for public use.
According to the Pedestrian Walkway and Bikeway System Plan, no trail has been
designated across the property.
3. The recommendations of the Roaring Fork River Green Way Plan
are implemented in the proposed plan for development, to the
greatest extent practical.
The Roaring Fork Green Way Plan contains no site specific recommendations with
respect to this property. This site is approximately 70 feet and one lot removed
from the edge of the River.
4. There is no vegetation removed or damaged or slope grade
changes (cut or fill) made outside of the specifically defined
building envelope.
This would not apply as this site is not adjacent to said River.
5. The proposed development does not pollute or interfere with the
natural changes of the river, stream or other tributary, including
erosion and/or sedimentation during construction. Increased on-
site drainage shall be accommodated within the parcel to
prevent entry into the river or onto its banks. Pools or hot tubs
cannot be drained outside of the designated building envelope.
The proposed building envelope will have no adverse effect upon the natural
changes normally experienced by the Roaring Fork River.
6. Written notice is given to the Colorado Water Conservation
Board prior to any alteration of relocation of a water course, and
a copy of said notice is submitted to the Federal Emergency
Management Agency.
No alteration or relocation of the existing water course will be required.
2
7. A guarantee is provided in the event a water course is altered or
relocated, that applies to the developer and his heirs,
successors and assigns that ensures that the flood carrying
capacity on the parcel is not diminished.
This review criteria is not applicable.
8. Copies are provided of all necessary federal and state permits
relating to work within the one - hundred - year -flood plain.
No federal or state permits are required to construct within the proposed building
envelope.
9. There is no development other than approved native vegetation
planting taking place below the top of slope or within fifteen (15)
feet of the top of slope or the high waterline, whichever is most
restrictive.
This would not apply as this site is approximately 70 feet and one lot removed from
the edge of the River.
10. All development outside the fifteen (15) foot setback from the top
of slope does not exceed a height delineated by a line drawn at a
forty-five (45) degree angle from ground level at the top of slope.
Height shall be measured and determined by the Zoning Officer
utilizing that definition set forth at Section 26.04.100.
The 15 foot setback and 45 degree angle is not applicable to this site as we are not
adjacent to the river. However, we will meet all current height requirements.
11. A landscape plan is submitted with all development applications.
Such plan shall limit new plantings (including trees, shrubs,
flowers, and grasses) outside of the designated building
envelope on the river side of the native riparian vegetation.
See attached Landscape Plan, (Exhibit 12), Prepared by Greg Mozian and
Associates, Inc. dated 8/5/98.
12. All exterior lighting is low and downcast with no light(s) directed
toward the river or located down the slope.
All proposed lighting will be low and downcast with no lights directed toward the
river.
3
13. Site sections drawn by a registered architect, landscape
architect, or engineer are submitted showing all existing and
proposed site elements, the top of slope, and pertinent
elevations above sea level.
The proposed site plan enclosed (as Exhibit 12), indicates proposed grades with all
existing and proposed site improvements.
14. There has been accurate identification of wetlands and riparian
zones.
The proposed site is not adjacent to the river and does not appear to contain any
wetlands or riparian zones.
The following Exhibits have been included in this application.
Exhibit 11: Flood Plain study dated 7/29/98
Exhibit 12: Grading & Landscape Plan
This letter has addressed the submission and review requirements for a Stream
Margin Review and we feel all of the standards and review criteria have been met.
If you have any questions or concerns please don't hesitate to contact me.
Sincerely,
Les Rosenstein, RA
4
_ 08/ 05/98 _ WED 15 FAX 1 970 945 5948 SCHNUESER GORDON MEYER la 001
Exhibit 11
ENGLYEEAE
� C�. 9��EYDA9
116 West 0, Suite 200
(970) 945.1004 G0 �„ Q, Glenwood Springs, C0 61601
ew ,n7M oec_eona
August 5, 1998
Mr. Les Rosenstein
Bill Poss & Associates
605 East Main
Aspen CO 81611
RE: Klein Property
Dear Les:
I am providing this letter to discuss a recent floodplain study performed by SGM on the Klein
property located in Oklahoma Flats along the Roaring Fork River in Aspen, Colorado.
The Klein property is identified as follows:
The North one -half of Lot 2, and all of Lots 3, 4, 5 and 6, Block 2, Oklahoma Flats,
Town of Aspen, County of Pitkin, State of Colorado.
The existing conditions on the Klein property consists of an existing log house with two
existing sheds. The property currently, as located in the flood insurance rate maps, Ices within
the 100 -year floodplain of the Roaring Fork River. Accordingly, the property lies outside t
1 00 -year floodway of the Roaring Fork River. In relationship to the existing property,
he
existing buildings, from an analysis standpoint, relative to the cross section cut through the
property block 50 feet (in the floodplain) of cross section length available for flow area. In
comparing this condition to the proposed conditions for the Klein property, the new building
will block nearly 100 feet of cross section length area available to flow. Upon utilizing the
U.S. Army Corps of Engineers' HEC -RAS program, the following results relative to the cross
section on the property are found.
TABLE 1
WATER SURFACE ELEVATION COMPARISON
R ... i:,... s. ..., ;y
,•..ai#feiellce;�
Existing;iGbridiciorys,`. ::' ,'.'.:..
868.27 868.25 (0.02)
TABLE 2
VELOCITY COMPARISON
::fXistirig��critli�pi>&'. .paseds:Co�dilicns':s .
10.18 10.27 0.09 ft/sec.
08/05 WE 15:0 PAX 1 970 945 5948 SC3MUESER GORDON MEYER 2002
August 5, 1998
Mr. Les Rosenstein
Page 2
Given the results indicated above, we feel that the net impact to the 100 -year floodplain of
the Roaring Fork River as a result of the proposed construction is negligible.
In reviewing the City of Aspen Municipal Code as it relates to Section 26.68.040 - Stream
Margin, item 6.1 „ the base flood elevation will not be raised.
I hope this letter serves its intended purpose. If you have any questions or comments, please
don't hesitate to call.
Sincerely,
Enclosure
aosoow MEYER,
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605 EAST MAIN STREET
ASPEN. COLORADO 81611
TELEPHONE 9701925 -4755
FACSIMILE 9701920 -2950
June 15, 1998
Chris Bendon
Aspen Pitkin County Community Development
130 South Galena Street
Aspen, CO 81611
Dear Chris:
Bill Poss & Associates represents The Branding Group (the Applicant) who owns the property
located at 270 North Spring Street in Oklahoma Flats, City of Aspen. We are requesting land
use approvals for an attached Accessory Dwelling Unit (ADU) and Stream Margin Review for
the proposed new single family residence.
This letter will address the Code requirements for the Conditional Use of the Accessory
Dwelling Unit. The Stream Margin materials will be forthcoming.
CONDITIONAL USE REVIEW
Exhibit 1 is a copy of the proposed site plan and a copy of a current survey of the subject
property. Exhibit 2 shows floor plans and elevations of the proposed ADU attached above the
garage of the new residence. An application for a conditional use must address the six review
standards listed in Section 26.60.040 of the Code. These standards are listed, then
addressed below.
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.
The subject property is located in the R -30 PUD zone district. The intent of this " Low- Density
Residential Zone District is to provide areas for long term residential purposes with customary
accessory uses." The following discussion demonstrates that this proposed AUD meets the
intent of the zone district.
The creation of an ADU will contribute to the vitality of Aspen allowing working people to live
in Aspen. The ADU will help to "create a community of a size, density, and diversity that
encourages interaction, involvement and vitality among its people', as stated in the Aspen
Area Comprehensive Plan. This ADU will create a local housing opportunity within walking
distance to downtown Aspen, rather than depending on the automobile.
•
A amfssociates
The attached ADU located over the garage of this single family home is of an appropriate
scale and enhances the housing environment in which it is located. This ADU is also
compatible with the scale and character of the surrounding neighborhood.
The proposed conditional use certainly complies with and is consistent with the purposes,
goals and standards of the Aspen Area Comprehensive Plan.
B. The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for the development and surrounding
land use, or enhances the mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development.
This proposed attached ADU is located above the garage of a new single family residence.
This existing neighborhood consists of single family and duplex residences with interspersed
ADU's. This use is consistent and compatible with the character of the existing neighborhood.
C. The location, size, design and operating characteristics of the proposed
conditional use minimizes adverse affects, including visual impacts, impacts on
pedestrian and vehicular circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
The proposed ADU has minimal impacts or adverse affects with respect to the above
concerns. The operating characteristics will not significantly change as a result of the ADU.
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.
There are adequate public facilities in place to accommodate this ADU. The proposed ADU
will have minimal impact on those public facilities.
E. The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use.
This standard would not apply for this conceptual use ADU, as no new employees will be
generated.
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 chapter.
2
1711 c o
The proposed conditional use complies with the Aspen Area Comprehensive Plan and with all
pertinent requirements of the Land Use Code.
REVIEW STANDARDS: Development of an Accessory Dwelling Unit
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;
This proposed attached ADU is located above the garage of a new single family residence.
This existing neighborhood consists of single family and duplex residences with interspersed
ADU's. This use is consistent and compatible with the character and scale of the existing
neighborhood and the residence to which it is attached.
2. Where the proposed development varies from the dimensional requirements
of the underlying zone district, the Planning and Zoning Commission shall find
such variation is more compatible in character with the primary residence than
the development in accord with dimensional requirements.
This ADU meets all current dimensional requirements in the underlying zone district.
3. The Planning and Zoning Commission and the Historic Committee may
exempt existing nonconforming structures, being converted to detached
accessory dwelling unit, from Section 26.40.090 (B)(2)(a) - -(g) provided that the
nonconformity is not increased.
This ADU is proposed to be conforming under the current guidelines.
4. Conditional use review shall be granted pursuant to Section 26.60.070(B),
Standards applicable to all conditional uses.
Discussed previously in the conditional use review section of this letter.
This letter has addressed the submission and review requirements for a conditional use and
accessory dwelling unit land use review. All of the standards and review criteria have been
met. As a result of this accessory dwelling unit being provided in the City of Aspen for a local
resident, the applicant will reinforce the goals and objectives of the Aspen Area
Comprehensive Plan. This proposal has many benefits to the community with little or no
negative impacts.
•
a
The following Exhibits have been included in this proposal.
0
Exhibit 1: Site Improvement Survey of the subject property, Located at 270 North Spring St.
8 -1/2" x 11 ".
Exhibit 2: Site Plan, Floor Plans & Elevations of the Proposed AUD.
Exhibit 3: Authorization letter.
Exhibit 4:
Proof of Ownership with Legal Description.
Exhibit 5:
Vicinity Map.
Exhibit 6:
Pre - application Conference Summary.
Exhibit 7:
City of Aspen Land Use Application Form.
Exhibit 8:
Signed Fee Agreement.
Exhibit 9:
List of adjacent property owners within 300 feet.
As we have discussed, by submitting this application on or before June 16, 1998 we would be
reviewed under our current ADU provisions of the Land Use Code. If you have any questions
or concerns please don't hesitate to contact me.
Sincerely,
Les Rosenstein, RA
Principal
0
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project: The Branding Grou
Applicant: Kristeen Rosenberg
Location: SE Corner of Spring St. and Bay St.
Zone District: R -30 PUD
Lot Size: 14,175
Lot Area: 14,175
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing. Proposed.•
Number of residential units: Existing: 1 Proposed: 1
Number of bedrooms: Existing. 1 Proposed: 4 Bedroom + 1 A D U
Proposed % of demolition (Historic properties only): N/A
DIMENSIONS:
Floor Area: Existing: Allowable: a s Proposed: 4442
Principal bldg. height: Existing: N/A Allowable: 2 5 Proposed.• 25
Access. bldg. height: Existing: _ / A Allowable: Proposed.•
On -Site parking:
Existing:
1
Required. 3 Proposed.• 3
% Site coverage:
Existing:
N/A
Required.
Proposed.•
% Open Space:
Existing:
N/A
Required.
Proposed:
Front Setback:
Existing:
25
Required.• 25
Proposed: 25
Rear Setback:
Existing:
15
Required.• 15
Proposed: 15
Combined F/R:
Existing:
_ y / A
Required:
Proposed:
Corner /Front Setback: Existing: 16' -8" Required: 16' -8" Proposed: l6' -8"
Side Setback: Existing: l o Required: 10 Proposed: 10
Combined Sides: Existing: N / A Required: Proposed:
Existing non - conformities or encroachments: None
Variations requested:
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June 9, 1998
EXHIBIT 3
Mr. Chris Bendon
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE BRANDING GROUP ACCESSORY DWELLING UNIT APPLICATION
Dear Mr. Bendon:
This letter authorizes Bill Poss and Associates Incorporated to prepare a land use
application for an accessory dwelling unit for my property located on the SE corner of
Spring Street and Bay Street., described as the N -1/2 of Lot 2 and all of Lots 3,4,5 and
6, Block 2, Oklahoma Flats, Aspen. Bill Poss and Associates Incorporated may also
represent me in the city land use approval process.
Please contact me at 920 -9865 if you have any questions.
Sincerely
S vc ) '&el-
Kristeen Rosenberg
- -- EXHIBIT 4 (page 1 of 3)
ENDORSEMENT FORM 110.1 (Rev. 5* - "Of
ENDORSEMENT ATTACHED TO AND MADE A PART
OF POLICY OF TITLE INSURANCE
SERIAL NUMBER O- 9701 -34733 ISSUED BY
STEWART TITLE
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Order No.: 00043866
Said Policy is hereby amended by deleting paragraphs 1 THROUGH 4 , inclusive, of Schedule B.
This en,lorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of
any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and
provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any
prior endorsements, nor does it increase the face amount thereof.
Signed under sea] for the Company, but this endorsement is to be valid only when it bears an
authorized countersignature.
Authorize Countersignature
STEWART TITLE OF ASPEN, INC.
Agent ID A06011A
TEWART TITLE
GUARANTY COMPANY
.L�tLf 6 4 y
«��1908 ro
* r[xns .
Serial No. E- 9851 -40532
% i / � �
Countersigned:
_ .._ _
3.1am �9od sr P'n180 Mnsm m asoy� �Pa+nsm Pameu
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EXHIBIT 4 (page 2 of 3) `. 4J m Paen � Pnsm
m saual aurm . OU
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ALTA OWNER'S POLICY
SCHEDULE A
Order Number: 00023866
Policy No.: 0- 9701 -34733
Date of Policy: April 10, 1998 at 11:55 A.M.
Amount of Insurance: $ 1,000,000-00
1. Name of Insured:
THE BRANDING GROUP, INC., a Colorado Corporation
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
THE BRANDING GROUP, INC., a Colorado Corporation
4. The land referred to in this policy is described as follows:
The North one -half of Lot 2 and all of Lots 3, 4, 5 and 6,
Block 2, OKLAHOMA FLATS
County of Pitkin, State of Colorado
EXHIBIT 4 (page 3 of 3)
ALTA OWNER'S POLICY
SCHEDULE B
Policy No.: o-9701-34733
Order Number.• 00023866
will not pay costs, attorneys' fees or expenses)
This policy does not insure against loss or damage (and the Company
which arise by reason of.
1. Rights or claims of parties in possession, not shown by the public records.
2 Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which 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 by law
and not shown by the public records.
S. Unpatented mining claims: reservations or exceptions in patents, or an act authorizing the issuance thereof,
water rights claims or title to water. and
6. Taxes and Assessments for the year 1998, not yet due and payable
yet certified on the tax
subsequent years and any special assessments not
rolls of Pitkin County.
7. Right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the premises
hereby granted, as reserved in United States ol t d, silv vein or lode of
er, cinnabar, lead, tin,
quartz or other rock in place bearing g or
copper, or other v
a11easereservedwincUni.ted sta esdPatento recorded e December w ere
November 23,
14, 1900 in Book 39 at Page 136.
8. Terms, conditions, obligations and other matters disclosed on Map of Lux
corded in Town Plat Book 2 at Page 0 as
Placer showing Oklahoma-Plats re
Reception No. 94166.
9. Underground Right -of -way Easement granted unto Holy Cross Electric
A Inc. as set forth in instrument recorded May 23, 1996 as
Reception No. 392945.
EXHIBIT 5
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EXHIBIT 6 (page I . 2)
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Chris Bendon, 920.5072 DATE: 3.9.98
PROJECT: 270 North Spring Stream Margin and ADU
REPRESENTATIVE: Leslie Rosenstein - Bill Poss 925.4755
OWNER:
TYPE OF APPLICATION: one step
DESCRIPTION: O.K. Flats Lot at Spring and Bay Streets. Stream margin, ADU, residential design
Land Use Code Section(s)
26.60 Conditional Use Criteria
26.40.090 Accessory Dwelling Units
26.68.040 Stream Margin Review
26.58 Residential Design Standards
Review by: Staff for completeness; P &Z for Stream Margin Review and ADU
Public Hearing: Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15
days prior to the public hearing if any federal agency, state, county, municipal government,
school, service district or other governmental or quasi - governmental agency owns property
within three hundred (300) feet of the property subject to the development application .
Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing.
Referral Agencies: Engineering, Housing, Parks, Fire Marshall, Water, ACSD, Building
Planning Fees: Planning Deposit Minor ($1080)
Referral Agency Fees: Engineering, Minor ($110); Housing Minor ($70)
Total Deposit: $1260 (additional hours are billed at a rate of $180/hour)
To apply, submit the following information:
1. Proof of ownership
2. Signed fee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application
6. 20 Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ +5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 1
7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of
Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if
the project is determined not to warrant a survey document.)
9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
10. For Residential Proposals (Ord. 30):
a) Neighborhood block plan at 1 " =50' (available from City Engineering Department)
Graphically show the front portions of all existing buildings on both sides of the block and their setback
from the street in feet. Identify parking and front entry for each building and locate any accessory
EXHIBIT 6 (page 2 of
dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the
subject parcel are one story (only one living level).
b) Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed,
and footprints of adjacent buildings for a distance of 100' from the side property lines. Show topography
of the subject site with 2' contours.
c) All building elevations at 1/8" = 1' -0.
d) Floor plans, roof plan, and elevations as needed to verify that the project meets or does not
meet the "Primary Mass" standard.
e) Photographic panorama. Show elevations of all buildings on both sides of the block,
including present condition of the subject property. Label photos and mount on a presentation board.
11. List of adjacent property owners within 300' for public hearing.
12. Copies of prior approvals
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
Notes:
The fire suppression system requirement is for structures of 5,000 gross square feet or greater. This is for each
structure and is not cumulative for the property.
The "floor area bonus" for providing an ADU, which counts only 50% of the square footage towards floor area,
is available in two ways: 1) Providing a detached, above -grade ADU with a footprint of 450 square feet or less,
or; 2) providing an attached, above -grade ADU which is available for occupancy. In either case the owner
retains the right to select the renter. In the attached scenario, however, the housing authority may fill the unit if
the owner does not.
The tree relocation and/or removal requirements are for coniferous trees of over 16 feet in height, Gambles Oak
with a 3" or larger diameter, and deciduous trees with a 6" or larger diameter. Contact the Parks Department
concerning the on -site replacement requirements. 920.5120.
The property does not have any restrictions related to historic resources.
Attached are the existing and proposed Residential Design Guidelines. The proposed version is currently being
considered by the Planning and Zoning Commission. Any City Council action would happen after the first of
May.
EXHIBIT 7 , LAND USE APPLICATION �.
PROJECT: 1 4,✓ ws
Name: The Branding Group
Location: SE Corner Spring St. and Bay St.
(Indicate street address, lot & block number, legal description where appropriate)
APPLICANT:
Name: Kristeen Rosenberg
Address: P.O. Box 10637, Aspen, CO 81612
Phone #: 970 - 920 -9865
REPRESENTATIVE:
Name: Les Rosenstein, Bill Poss and Associates
Address: 605 E Main St Aspen, CO 81611
Phone #: 970- 925 -4755
I 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 Appeal
❑
Conceptual SPA
❑
Minor Historic Devt.
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
❑
Historic Demolition
❑
GMQS Exemption
❑
Subdivision
❑
Historic Designation
®
ESA - 8040 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
❑
Other:
❑
Lot Line Adjustment
❑
Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
Existing free - standing one bedroom house to be removed.
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
New residence with an attached A.D.U.
Have you attached the following? FEES DUE: i . 260.00
® Pre- Application Conference Summary
�J Attachment #1, Signed Fee Agreement
�] Response to Attachment #2, Dimensional Requirements Form
® Response to Attachment #3, Minimum Submission Contents
® Response to Attachment #4, Specific Submission Contents
® Response to Attachment #5, Review Standards for Your Application
EXHIBIT 8 (page 1 of 2).
AtTACiiAA mrt
City of Aspen Development Application Fee Policy
The City of Aspen, pursuant to Ordinance 43 (Series of 1996), has established a fee structure for the
processing of land use applications. A flat fee or deposit is collected for land use applications based
on the type of application submitted. Referral fees for other City departments reviewing the
application will also be collected when necessary. One check including the deposit for Planning
and referral agency fees must be submitted with each land use application, made payable to the
AspewPnkm Community Development Department Applications will not be accepted for
processing without the required application fee.
A flat fee is collected by Planning for Staff Approvals which normally take a minimal and
predictable amount of staff time to process. The fee is not refundable.
A deposit is collected by Planning when more extensive staff review is required. as hours are likeiv
to var i substantially from one anoiication to another. Actual staffame spent will be c:7arged
against the deposit After the deposit has been expended. the app cant will be billed montbly based
on actual staff hours. Current biilinus must be paid within 30 days or processing of the application
will be suspended If an anDiicant has pmriously failed to pav application zees as required. no new
or additional applications will be accepted for processing until the outstanding fees are paid In no
case will Building Permits be issued until all costs associated with case processing have been paid.
After the final action on the project any remaining balance from the deposit will be refunded to the
applicant
Applications which require a deposit must include an Agreement for Payment of Deveiopt=
Aolication Fees The Agreement establishes the applicant as being responsible for payment of all'
costs associated with processing the application. The Agreement must be signed by the parry
responsible for payment and submitted with the application in order for it to be accepted
The complete fee schedule for land use applications is available at the Community Development
Department.
EXHIBIT 8 (page 2 of 2)
�..e
ASPEN/PMM COMKUNTTY DEVELOPMENT DEPARTMENT
Agreementfor PaymentofCdg ofAspeuDevelopmentA"Mez ionFees
. . (Please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and The Branding Group
(hcteinattwAPPLICA M AGREE AS FOLLOWS:
1. APPLICANT bas submitted to CITY an application for Con a ; r.; n n a i „ a
( np A T) ti ) + Stream Ma r e i n Review (h ereinafter, THE PROJEC T).
2 APPLICANT tmders:ands and agrees that City of Aspen.Ordinance No. 43 (Series of 1996)
establishes a fee structure for land use applications and the payment of ail processing fees is a
condition precedent to a de terminati on of application completeness.
3. APPLIC. and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing
the application. APPLICANT and CITY ftnrther agree that it's in the inte rest of the parties to allow
APPLICANT to make *payment of an initial deposit and to thereafter permit additionai costs to be
billed to 0PT C:A�1T on a monthly basis. APPLIC avT afire -s he will be benented'ov reminins
greater cash liquidity and will make additional payments upon notification by the C i when they
are necessary as costs are inc-tared. CITY agrees it •Lill be benefited through the greater certainty of
recovering its full costs to process APPLTC.AN7S application.
4. CITY and APPLICANT firrthm agree that it is impracticable for CITY statff to complete
processing or present sufficient information to the Plan Commission and/or City Council to
enable the Planning Commission and/or City Council to make Legally required findings for project
approval, unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the C`=3 waiver of its right to
collect full fees prior to a determination of application completeness. APPLICANT shall pay an
initial deposit in the amount of 3 6.0 • which is for 7 hours of Planning staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pav additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension
of processing.
CITY OF ASPEN APPLICANT
K 9
AR
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City of Aspen
Signature:
Date:
Printed Name:
Mailing address:
l %) Co. V61'6
EXHIBIT 9
ASPEN VIEW LLC OBERMEYER KLAUS F
ALLEN DOUGLAS P C/O PO BOX 130
600 E HOPKINS AVE STE 302 ASPEN, CO 81612
ASPEN, CO 81611
RIO GRANDE PARK
CITY OF ASPEN
130 S GALENA
ASPEN, CO 81611
RIO GRANDE LOT 8
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
RIO GRANDE LOT 9
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
MAYER HOWARD
MAYER PAULINE
PO BOX 333
ASPEN, CO 81612
DCR FAMILY LIMITED PARTNERSHIP
1873 S BELLAIRE ST 9700
DENVER, CO 80222
BROWN RUTH HAMILTON
420 N SPRING
ASPEN, CO 81611
MORSE JAMES A TRUST 1/2 INT
107 SINCLAIR
MUSKEGAN, MI 49441
GOLDSTEIN GERALD H & CHRISTINE
S
PO BOX 2045
ASPEN, CO 81612
VANDEUSEN EDWARD B & DIANA J
FAMILY TRST
23294 POMPEII DR
DANA POINT, CA 92629
HANSON HOWARD L 1/2 IN KLEIN HERBERT S
GROSS GAIL M HANSON FAMILY PARTNERSHIP 1/2 KLEIN MARSHA L - IT TENANTS
2700 POST OAK BLVD #1670 INT 201 N MILL ST 9203
HOUSTON, TX 77056 PO BOX 1690 ASPEN, CO 81611
ASPEN, CO 81612
REICH DENICE C LITTLE RIVER
REVOCABLE TRUST
1873 S BELLAIRE #700
DENVER, CO 80222
CAHN HARRIS A & ELAINE M
PO BOX 4060
ASPEN, CO 81612
COURTHOUSE & JAIL
PITKIN COUNTY
530 E MAIN ST
ASPEN, CO 81611
MORSE JAMES A TRUST
107 SINCLAIR DR
MUSKEGON, MI 49441
FRATERNAL ORDER OF EAGLES
700 E BLEEKER AVE
ASPEN, CO 81611
KALLENBERG JEFFREY D J UND 50% BECKWITH DAVID E QUAL RES
INT TRUST 1/2 INT
KALLENBERG SANDRA L UND 50% C/O FOLEY & LARDNER
INT 777 E WISCONSIN AVE
401 MARKET ST STE 500 MILWAUKEE, WI 53202
SHREVEPORT, LA 71101
NEWBURY PARK
CITY OF ASPEN
130 S GALENA ST
ASPEN. CO 81611
HIGBIE FAMILY TRUST
C/O REESE HENRY CPA
400 E MAIN ST
ASPEN, CO 81611
VOLK RICHARD W
SEYMOUR FAMILY TRUST
VOLK SUE J
PO BOX 12559
2327 MIMOSA
MARINA DEL REY, CA
HOUSTON, TX 77019
iv
• ,00�
W ,,dciates
605 EAST MAIN STREET
ASPEN. COLORADO 81611
TELEPHONE 9701925 -4755
FACSIMILE 970/920 -2950
August 31, 1998
Re: Request for variance from the "Residential Design Standards."
To whom it may concern
Bill Poss and Associates have been retained by The Branding Group todesign a single family
residence at 270 North Spring Street, Aspen, Colorado. The residence has been designed to
effectively address the goals of the Aspen Area Community Plan. In the use of contextual
materials and in the massing of the structure Bill Poss and Associates has attempted to
promote the residential design standards as set forth in Ordinance 30.
We are requesting a variance to Chapter 26.58.040 Sub - Section 12, titled 'Volume'. The
variance would apply to the south, rear, elevation at the living room, (1 /SDA -1), and the west,
side street, elevation at the stair well, (2 /SDA -2). The south elevation at the living room isa
single story space with a loft ceiling. This elevation is secluded and would be unseen by the
public. The design has been crafted to improve the interior natural lighting, enhanced exterior
views, and the exterior massing. The west elevation, fronting Spring Street, required improved
natural lighting at the stair well. This elevation, while visible to the street, is still in a secluded
area and attempts to provide a character and massing appropriate to the standards of the
community.
Thank you for your consideration of this matter
Sincerely,
6 Stephen Hol y
Project Manager
BP:sh.
Enc.
M . \Prol_3 \9812.00 Branding Group \Corr \981200- Itr083198- Variance wpd
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