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HomeMy WebLinkAboutLand Use Case.CU.615 W Smuggler St.A061-97 • CASELOAD INDEX 2735-124-09-014 1- 08/07/97 10 J A061 -97 1I Aspen GK LLC Conditional Use for ADU I Mitch Haas ! y"_f a"",' -�.1 Conditional Use for ADU ( ®r Aspen GK LLC 1 191 Waukeegan Rd Northfield, IL 6009 Charlie Kaplan, Peter L. Glu ; - 19 Union Square Wes New York, NY 100 (212) 255 -187 • 245 +110 +70 =425 ( 245 +110 +70 =425 I -I 09/16/97 P &2 I ;. 08/26/97 � _ (not to paper) Approved w /Amended Conditions (7 -0) I 09/06/97 10/03/97 I ' SH .. . 11111.11111111.1111 - I 11111111111111111111111 • RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT ON LOT TWO OF THE OXLEY LOT SPLIT, WEST SMUGGLER STREET, CITY OF ASPEN Resolution 97 - A4 WHEREAS, The Community Development Department received an application from Mr. Charlie M. Kaplan of Peter Gluck and Partners, on behalf of the Aspen GK L.L.C., owners, for a Conditional Use Review of a below -grade Accessory Dwelling Unit having approximately four hundred forty one (441) square feet; and WHEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and WHEREAS, the Housing Office, City Engineering, and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting of the Planning and Zoning Commission on September 16, 1997, at which the Commission approved by a 7 -0 vote the Conditional Use for the Aspen GK L.L.C. Residence's Accessory Dwelling Unit with the conditions recommended by the Community Development Department as amended. NOW, THEREFORE BE IT RESOLVED by the Commission: The Conditional Use for a below -grade Accessory Dwelling Unit containing approximately 441 square feet attached to the proposed Aspen GK L.L.C. residence on Lot Two of the Oxley Lot Split is approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b. Verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a separate one - bedroom unit; e. Provide a minimum of one off -street parking space for the ADU that shall be shown on the final plans; lilIlI illll 111111 11111 III EMU III 1111111 1111 409585 10/17/1997 03:09P RESOLUTI DAVIS SILVI 1 of 3 R 18.00 D 0.00 N 0.00 PITKINCO COLORADO • f. Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights -of -way; g. Locate any additional proposed construction in such a way that it does not encroach into an existing utility easement or public right -of -way; h. Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights -of -way; the agreement shall be executed and recorded concurrently upon approval of this application; i. Submit working drawings to verify all height, setback, and floor area calculations, as well as lot size and tot area calculations; j. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24" x 36 ") and report, both signed and stamped by an engineer registered in the State of Colorado; k. In the event required, a tree removal permit must be obtained from the Parks Department for any tree(s) that is /are to be removed or relocated; also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of fill material can occur within this /these driptine(s); 1. A tap permit must be completed at the office of the Aspen Consolidated Sanitation District; payment of the total connection charges shall be made prior to the issuance of a building permit; m. If the building is found to contain 5,000 square feet or more of living area, approval and installation of an automatic fire suppression system will be required; n. Verify that the proposed plans for the ADU will comply with UBC requirements for natural light and sound attenuation between units; o. Submit building permit drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The building permit drawings will have to show the fences that encroach into the alley and Smuggler Street rights -of -way and indicate that they will be either relocated onto private property or be removed, or be licensed. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage; and, p. Submit a "Site Improvement Survey" including topography and vegetation showing the current status of the parcel certified (wet signed and stamped, dated within the past twelve (12) months) by a registered land surveyor, licensed in the State of Colorado. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. Submit as -built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Data Processing Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; 111 IIII'IIII II'IIII lin II I t AVIS 40 '53 3 R 10 18.00 D 03 2 0.00 N 0.00 PITKINCO COLORfiD0 • b. Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval; and, c. The applicant must sign a curb and gutter construction agreement, and pay recording • fees (this requirement was a condition of the Oxley Lot Split approval). 3. In the event required, the applicant must receive approval from: • The City Engineer for design of improvements, including landscaping, within public rights -of -way; • The Parks Department for vegetation species, tree removal, and/or public trail disturbances; • The Streets Department for mailboxes and street cuts; and, • The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights -of -way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the door and the area in front of the door to the ADU; sufficient means of preventing icing of the stairway, such as installation of metal grated steps with air space below, is also required. 6. The applicant shall provide /install a vapor barrier in the floor between the garage and the accessory dwelling unit. • 7. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. APPROVED by the Commission at its regular meeting on September 16, 1997. APPROVED AS TO FORM: David Hoefer, Assist CitydAttorney Attest: Planning and Zoning Commission: G(/C Y `ackie Lothian, Deputy City Clerk Sara Garton, Chairperson 1 111111 11111 111111 11111 111 1111111 111111 111 11111 1111 1111 409585 10/17/1997 03:09P RESOLUTI DAVIS SILVI 3 of 3 R 18.00 D 0.00 N 0.00 PITKINCO COLORADO r MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development Director Julie Ann Woods, Deputy Director �. FROM: Mitch Haas, City Planner/u\( RE: Aspen GK LLC Conditional Use for an Accessory Dwelling Unit (ADU) - Public Hearing. Unaddressed Lot on W. Smuggler Street (Lot 2, Oxley Lot Split) City of Aspen Parcel I.D. No. 2735 - 124 -09 -014. DATE: September 16, 1997 SUMMARY: The applicant is requesting Conditional Use approval to construct an Accessory Dwelling Unit (ADU). The applicant owns a vacant, unaddressed lot immediately west of 627 W. Smuggler Street and will be constructing a single family residence. The proposed ADU would be below grade and attached to the corresponding, primary residence. Pursuant to the conditions of approval outlined in Ordinance 57, 1993 (approval of the Oxley Lot Split), the applicant will provide an ADU and, thereby, obtain a GMQS Exemption enabling the property owner to construct a new single - family home pursuant to City Land Use Regulations. The applicant is NOT seeking an FAR bonus, but understands that the unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units. As an FAR bonus is not being sought, the housing office shall not have the right to fill the unit if it is left unoccupied for extended periods. The applicant went before the Design Review Appeal Committee (DRAC) on August 21, 1997. The DRAC approved a variance from the "Inflection" standard (Section 26.58.040(E), Residential Design Standards), finding that the proposed design more effectively addresses the issue or problem that the "Inflection" standard responds to. The approval for the variance is on file with the City Clerk as DRAC Resolution Number 8, Series of 1997. The applicant's Conditional Use Application is attached as Exhibit "A" and referral comments are included as Exhibit `B." Community Development Department staff recommends that the Conditional Use application for an Accessory Dwelling Unit (ADU) on Lot 2 of the Oxley Lot Split be approved with conditions. APPLICANT: Aspen GK LLC (Charlie M. Kaplan of Peter Gluck & Partners). LOCATION: Lot 2 (two) of the Oxley Lot Split is located immediately west of 627 W. Smuggler Street in the City of Aspen. The lot is bounded by W. Smuggler Street to the north, W. Francis Street to the south (beyond the alley), 5th Street to the east, and 6th Street to the west. (See attached vicinity map). The surrounding uses are all residential in nature. 1 ZONING: Medium - Density Residential (R -6) CURRENT LAND USE: Vacant lot. LOT SIZE: The subject site has a lot size of 6,000 square feet (the area of this lot may be subject to reductions such as those associated with slopes of 20% or greater). ALLOWABLE FAR: 3,240 square feet. (This FAR calculation is an estimate only, and is based on a 6,000 square foot lot containing no slopes greater than 20 %, no right -of -way easements, no vacated rights -of -way, or any other encumbrances which might subtract from the lot area; also, it does not take into account sub -grade areas, garage area calculations, or any potential for FAR bonuses). PROPOSED LAND USE: One detached single- family residence with an attached accessory dwelling unit in the basement. Detached residential dwellings are permitted uses on lots of 6,000 square feet or greater in the R -6 zone. REVIEW PROCEDURE: Accessory Dwelling Units (ADUs) require conditional use approval by the Planning and Zoning Commission at a public hearing. It is a one -step review that requires notification to be published, posted and mailed in accordance with Section 26.52.060(E). The following sections of the code are applicable to this conditional use review: Section 26.40.090, Accessory Dwelling Units; Section 26.28.040, Medium - Density Residential (R- 6); Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section 26.58.040, Residential Design Standards. Pursuant to Section 26.58.040, Residential Design Standards, Community Development Department staff reviewed this proposal against the Residential Design Standards and found that the submitted development application, as proposed, required a variance from the "inflection" standard (26.58.040(E)). The needed variance was granted by the DRAC in Resolution No. 8, Series of 1997. BACKGROUND: The lot in question was created in 1993 with City Council's passing of Ordinance 57, Series of 1993. This Ordinance granted a subdivision exemption for a lot split (See Exhibit "C "). The proposed development of the lot in question (Lot Two of the Oxley Lot Split) is consistent with and complies with the conditions of approval outlined in Ordinance No. 57, Series of 1993. The current proposal is for conditional use approval of an ADU. The ADU would be located in the basement of the primary residence. As proposed, the ADU would be 441 square feet and would have its own kitchen, bathroom, and access, as required by code. The one -car garage, its associated driveway, and two (2) additional parking pads accessed from the alley, will provide the three (3) required off - street parking spaces (See Exhibit "A "). Pursuant to the conditions of approval outlined in Ordinance No. 57, Series of 1993, by creating an ADU meeting the provisions of the code, the applicant would be granted a GMQS Exemption for 2 the construction of a new single - family home on the lot, provided the home complies with the City Land Use Regulations. REFERRAL COMMENTS: The comments from the Aspen Consolidated Sanitation District, Engineering, Housing, and Zoning are included as Exhibit B. STAFF COMMENTS: Section 26.40.090, Accessory Dwelling Units The proposed ADU will contain 441 square feet (See Exhibit "A ") and will be deed restricted, meeting the housing authority's guidelines for resident occupied units, limited to rental periods of not less than six (6) months in duration. The owners of the principal residence will retain the right to place a qualified employee(s) of his/her choosing in the ADU. One (1) off - street parking space will be provided on -site, and will be accessed from the alley. Therefore, the proposal complies with the requirements of Section 26.40.090(A)(1). Pursuant to Section 26.40.090(A)(2), the ADU is subject to all of the dimensional requirements of the underlying zone district, Medium - Density Residential (R -6), because it will be attached to the principal residence. An evaluation of the proposal against these requirements is provided below. Also, since the ADU will be attached to the primary residence, Section 26.490.090(A)(3) is not applicable. Section 26.40.090(A)(4) states that "an attached accessory dwelling unit shall utilize alley access to the extent practical." The proposed ADU and its off - street parking space would be accessed from the alley. Section 26.40.090(B), Development Review Standards, contains the development review standards for detached accessory dwelling units and, therefore, does not apply to this application. Regardless, the proposed ADU will appear as part of the primary residence, and it will be below grade; thus, it will be compatible with and subordinate in character to the primary residence. This property is located in the West End neighborhood which is, for the most part, made up of single family residences, many of which have attached or detached accessory dwelling units associated with them. The proposed ADU will be compatible with the character of the existing neighborhood and will not create a density pattern incompatible with that already established in the area. Section 26.28.040, Medium - Density Residential (R -6) Accessory dwelling units are permitted within the R -6 zone district as conditional uses. The lot has an area of 6,000 square feet. The required side yard setbacks call for a minimum of five (5) feet, but both sides combined must total at least 15 feet. The minimum front and rear yard setbacks are ten (10) feet each, but must combine for a total of at least thirty (30) feet. The site coverage is not allowed to exceed forty (40) percent (2,400 square feet), and the maximum roof height cannot exceed twenty -five (25) feet. The maximum allowable floor area is 3,240 square feet, and there must be a total of three (3) off - street parking spaces provided (two (2) for the principal residence and one (1) for the ADU). The proposed plans 3 indicate that the development would meet all of the dimensional requirements of the zone district, and this will be verified at the time of building permit application (See both Exhibit "A" and the referral comments from the City Zoning Officer in Exhibit `B "). Section 26.60.040, Standards Applicable to All Conditional Uses Pursuant to Section 26.60.040, a development application for a conditional use approval shall meet the following standards: (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 stated purpose of the R -6 zone district "is to provide areas for long -term residential purposes with customary accessory uses." ADUs are allowed as conditional uses in the R -6 zone district, and the proposal will be required to meet or exceed all of the dimensional requirements associated with the zoning. Furthermore, one of the stated themes of the AACP with regard to "revitalizing the permanent community" is to "increase resident housing." Also, the proposal is consistent with the following purposes, goals, objectives and standards of the AACP: • "Promote, market and implement Cottage Infill and Accessory Dwelling Unit programs;" • "Develop small scale resident housing which fits the character of the community and is interspersed with free market housing throughout the Aspen Area and up valley of Aspen Village;" and, • "The public and private sectors together should develop . . . employee- occupied accessory dwelling units, to achieve the identified unmet need to sustain a critical mass of residents." Staff finds that this conditional use application for an ADU complies with Section 26.60.040(A). (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. The subject parcel is surrounded by residential uses, some of which have associated accessory dwelling units, and the proposed ADU use is both consistent and compatible with the existing residential development in the immediate vicinity. (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. As mentioned earlier in this memo, the proposed ADU will be sub -grade and will appear as part of the principal residence; thus, its location, size and design will minimize any potential adverse visual impacts. Like all of the surrounding properties, the ADU's parking and trash service will be accessed from the alley at the rear of the property. No noise, vibration, or 4 J *. odor related impacts are anticipated. The proposed ADU will operate like any other residence or ADU found in the neighborhood. The anticipated impacts will be negligible. (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 and services to serve the proposed use. It will be within an existing, well - established neighborhood. See referral comments, attached as Exhibit B. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. While the proposed development of an ADU will not generate an increase in the employment base, the applicant will be supplying an ADU which, pursuant to Section 26.40.090(A)(1), will be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County for periods of not less than six months in duration, thereby having the potential to serve the need for increased affordable housing in the City of Aspen. (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. The proposed conditional use will comply with all additional standards imposed on it by the AACP and by all other applicable requirements of the Municipal Code, such as those contained in Section 26.58.040, Residential Design Standards. STAFF FINDINGS: Based upon review of the applicant's land use application and the referral comments, Community Development staff finds that there is sufficient information to support the request. The proposal meets or exceeds all standards applicable to the review of Accessory Dwelling Units as conditional uses. RECOMMENDATION: Community Development Department staff recommends that the conditional use request for an Accessory Dwelling Unit on Lot Two of the Oxley Lot Split be approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b. Verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; 5 d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a separate one - bedroom unit; e. Provide a minimum of one off - street parking space for the ADU that shall be shown on the final plans; f. Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights -of -way; g. Locate any additional proposed construction in such a way that it does not encroach into an existing utility easement or public right -of -way; h. Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights -of -way; the agreement shall be executed and recorded concurrently upon approval of this application; i. Submit working drawings to verify all height, setback, and floor area calculations, as well as lot size and lot area calculations; j. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24" x 36 ") and report, both signed and stamped by an engineer registered in the State of Colorado; k. In the event required, a tree removal permit must be obtained from the Parks Department for any tree(s) that is /are to be removed or relocated; also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of fill material can occur within this /these dripline(s); 1. A tap permit must be completed at the office of the Aspen Consolidated Sanitation District; payment of the total connection charges shall be made prior to the issuance of a building permit; m. If the building is found to contain 5,000 square feet or more of living area, approval and installation of an automatic fire suppression system will be required; n. Verify that the proposed plans for the ADU will comply with UBC requirements for natural light; o. Submit building permit drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The building permit drawings will have to show the fences that encroach into the alley and Smuggler Street rights -of -way and indicate that they will be either relocated onto private property or be removed, or be licensed. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage; and, p. Submit a "Site Improvement Survey" including topography and vegetation showing the current status of the parcel certified (wet signed and stamped, dated within the past twelve (12) months) by a registered land surveyor, licensed in the State of Colorado. 6 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. Submit as -built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Data Processing Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; b. Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval; and, c. The applicant must sign a curb and gutter construction agreement, and pay recording fees (this requirement was a condition of the Oxley Lot Split approval). 3. In the event required, the applicant must receive approval from: • The City Engineer for design of improvements, including landscaping, within public rights -of -way; • The Parks Department for vegetation species, tree removal, and/or public trail disturbances; • The Streets Department for mailboxes and street cuts; and, • The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights -of -way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the door and the area in front of the door to the ADU; sufficient means of preventing icing of the stairway is also required. 6. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. ALTERNATIVE RECOMMENDATIONS: The Planning and Zoning Commission may decide to approve the proposal with the conditions outlined above, approve the proposal with additional and/or modified conditions, or deny the conditional use request for an Accessory Dwelling Unit. RECOMMENDED MOTION: "I move to approve the conditional use request for the proposed Accessory Dwelling Unit on Lot 2 of the Oxley Lot Split with the conditions outlined in the Community Development Department memo dated September 16, 1997." EXHIBITS: "A" - Conditional Use Application "B" - Referral Comments "C" - Ordinance 57, Series of 1993 7 RESOLUTION OF THE DESIGN REVIEW APPEAL COMMITTEE APPROVING A VARIANCE FROM SECTION 26.58.040(E), INFLECTION, OF THE ASPEN MUNICIPAL CODE FOR A PROPOSED SINGLE - FAMILY HOME LOCATED ON WEST SMUGGLER STREET (LOT TWO, OXLEY LOT SPLIT), ASPEN, COLORADO Resolution No. ©O p , Series of 1997 WHEREAS, the applicant, Aspen GK LLC, represented by Charlie M. Kaplan of Peter Gluck and Partners, has requested approval of a proposed design for a single - family residence on the property located on the south side of West Smuggler Street (Lot Two, Oxley Lot Split); and WHEREAS, pursuant to Section 26.58.020(B) of the Aspen Municipal Code, Community Development Department staff reviewed the applicant's application for compliance with the Residential Design Standards of Section 26.58.040 of the Aspen Municipal Code and found the submitted development application to be inconsistent with the Standard 26.58.040(E), Inflection, of the Aspen Municipal Code; and WHEREAS, Section 26.58.020(B)(1) of the Aspen Municipal Code provides that if an application is found by staff to be inconsistent with any item of the Residential Design Guidelines, the applicant may either amend the application or appeal staff's findings to the Design Review Appeal Board pursuant to Chapter 26.22, Design Review Appeal Board; and WHEREAS, pursuant to Section 26.58.020(B)(1) of the Aspen Municipal Code, the applicant submitted a request for a variance from Standard 26.58.040(E) of the Aspen Municipal Code to the Design Review Appeal Board; and WHEREAS all applications for appeal from the Residential Design Standards of Section 26.58.040 must meet one of the following statements in order for the Design Review Appeal Committee or other decision making administrative body to grant an exception, namely the proposal must: a) yield greater compliance with the goals of the Aspen Area Community Plan; b) more effectively address the issue or problem a given standard or provision responds to; or c) be clearly necessary for reasons of fairness related to unusual site specific constraints, and WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting of the Design Review Appeal Board on August 14, 1997, at which the Board considered the applicant's proposal and associated variance request and found that the project, as proposed, more effectively addresses the issue or problem the given standard responds to; and WHEREAS, a Design Review Appeal Board motion proclaiming that a variance from the inflection standard of Section 26.58.040(E) of the Aspen Municipal Code shall be granted, finding that the project as proposed more effectively addresses the issue or problem the given standard responds to was passed by a vote of 4 - 1. NOW, THEREFORE, BE IT RESOLVED: That the proposed design of a single - family residence on Lot Two of the Oxley Lot Split, Aspen, Colorado, is granted a variance from the inflection standard of Section 26.58.040(E) of the Aspen Municipal Code by the Design Review Appeal Board as the project, as proposed, was found to more effectively address the issue or problem the given standard responds to, thereby satisfying variance criterion "b." APPROVED BY THE COMMITTEE at its regular meeting on the 14th day of August, 1997. APPROVED AS TO FORM: 0 — A •sistant City Attorney, David Hoefer DESIGN REVIEW APPEAL COMMITTEE AV d Steve :4 • ow ATTEST: . Oe teputy City Ierk, Jackie Lothian LAND USE APPUCATION PROJECT: Name:: . /is�.r1 &I� RC/. Location: 6, 24 Wtst smuugqqq)cr to+ 2. (Indicate street address lot 8vblock number, legal description where appropriate) APPLICANT: ,Name: A5 Pa( GIc L•L. ` [/�' �J 2 Address: /q `� 4J ` Q n /41. 4-4 I JPJ 12.. 4,9 05 >• Phone #: S ys - Sol - 3gGo• REPRESENTATNE: • Name: 0,ar)rr_ i iLoPi ar rCTr' Glick. r 4 2,4'r4c7c Address: - f cl O n vn.� . 1� / esr M ( t4o. Phone #: Z! t -- 255 187-g I - TYPE OF APPLICATION: (please check all that apply): - - i Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development 1E1 Design Review Appeal ❑ - Conceptual SPA 0 Minor Historic Devt ❑ _ GMQS Allotment in Final SPA (& SPA Amendment) ❑ Historic Demolition - ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation O ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumimtion) - . Expansion - - Mountain View Plane _ ❑ Lot Split ❑ Temporary Use ❑ Other. ❑ Lot Line. Adjustment ❑ Text/Map Amendment EXISTING CONDmONS: (description of existing buildings, uses, previous approvals, etc. I • Yiem,a,S -4,,nv„k ,�['r r f (-(ri' %b /— (xr, �Yh,o� dr»nn /I �drA/J,cinr� or Ifge -f ark) t (rC.7`irr /7ivc nc7-1- nt4,-nlcnt - 19?' PROPOSAL: (description of proposed buildings, uses, modifications, etc.) (* 00 6 St /r.- A l nceirwi i //J 7 • - • : IPA , U /Sfite- uS /4'S/.ret `ng4Jn/nho1 O-Y r all /ROSSn y duitlii JJ J ail If 50�2da al/-Ih �Gry pan4 1 • rzfdrnte- / Have you attached the following? O Pre - Application Conference Summary e- Cfri Attachment #1, Signed Fee Agreement - Response to Attachment #2, Dimensional Requirements Form - ❑ Response to Attachment #3, Minimum Submission Contents O Response to Attachment #4, Specific Submission Contents 0 Response to Attachment #5, Review Standards for Your Application • WRITTEN RESPONSE TO ATTACHMENT 5 A. 627 West Smuggler, lot 2 is located within the R -6 zoning district of the township of Aspen. An accessory dwelling unit in this area is consistent with the purpose of the medium density zone district, which is to "provide areas for long term residential purposes with customary accessory uses." The A.D.U. provides for much needed low cost housing for Aspen residents within the township of Aspen. B. The proposed A.D.U. would enhance the neighborhood by providing a mixture of available housing. The unit is conceived as an integral part of the overall design minimizing its effect as an "addition." The unit makes use of the alley, providing access and entry along a direct route from alley driveway to exterior stair. Entry occurs along a thickly planted screen on the eastern border of the site which visually separates it from the adjacent building. C. In our proposal the A.D.0 is located below grade within a new single family residential construction. Our design is broken down into small figural elements much in keeping with the scale and level of detail of the surrounding houses, some of which are landmarked "miner's houses." Although it is a studio, the proposed unit separates the kitchen and eating areas into clearly articulated zones that are partially enclosed. The unit will add little noise or odor or other undesirable "pollution," to the surrounding properties, because it is below grade and hidden from view . D. The A.D.U. will have the same access to utilities and fire protection as the house in which it sits. Hospital, and school services are nearby. Town is within walking distance. E. The applicant commits to building an A.D.U. which may be used to meet the "incremental need for increased employees" living and working in Aspen. F. The proposed A.D.U. complies with all other known standards as they appear on the Aspen Area Comprehensive Plan, within the zoning plan, and as specified by the Uniform and Aspen amended building codes. The unit is self enterable from the outside through a gracious entry court, and adjoins the rest of the house with a entry lockset door only. The unit provides good light through two distinct openings, one a large clerestory located in the living/sleeping area, the second at the entry through two large French doors with large paneled lights. The Uniform Building Code mandates that 10% of the square footage of living be supplied to a space in the form of glazing. As it stands, The A.D.U. provides3S.F. of living area(excluding bathroom , kitchen and closet). We are providing about 45 S.F. of glazing(about 14 %). The kitchen is large and provides counter space, full size refrigerator, four burner stove and oven and sink. There is a three fixture bathroom. 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Z • , • • ( • 111 • 1 Ili • 11! o is .4% I , !EE: Emig ti rti Ali Qi al To 71.111 , g 1 1 1 I ci:, 1 E — s . )- 0 = , III I: OM I 1111 im 1 u RH i 'pi ou t • 1•1 t l ° f ‘ 0 n i 1. I pH 1 _14_ 1 Fi ------ i m . , l • 4 1 ma - pr .< .1 - D El 1 tA 1 N._ I I tA 1 ■.1) 1 — AL ..._ ..1 1.... :: n: – - Min._ 1111111 la mos IIIIIIIIINfili 11 „T_rtt II , 11 1 r =------=--_ -,... – --- - -- ,_-_ - --7=- -- 9 4.- — • • 1 Ci 1, 1 1 1 1 I 1 a • 11 , Z a - a .. ,rtyst ; . . . . 4- 11111111 A III ___ I _ • 1 , , 1 I r 1-- I r- L 1 -k 4 4 1: . I ' 1 I I 44 Mil 4 4 0 I 0 1 . w---- WARRANTY DEED THIS DEED, made this 07 day of MAY 1997, between JOHN C. OXLEY OF THE COUNTY OF TULSA STATE OF OK GRANTOR,. AND wicip,fw/,d{. ASPEN GK, LLC 0 GRANTEE whose legal address is : 191 WAUKEGAN ROAD NORTEFIELD, IL 60093 COJITY OF ,, STATE OF IL K:TNESSETH, Tnat for and in consideration of the sum of ten dollars and other Good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged, the grantor nas granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real __ together with improvements, if any, situate and lying and being in the County of FITliIN, State of COLORADO, described as follows: LOT , OXLEY LOT SPLIT SUBDIVISION, according to the Flat thereof reocrded May 19, 1994 in Flat Book 34 at Page 50. j PrCiGill° Ie.aci 17. TOGETHER with all and singular the hereditaments and appurtenances the_rdto belonging, cr in any : :se appertaining, and the reversion and e - =' ^ns remainders, ainders, __nt_, issues and profits thereof, and all the "_ "e es` _aim, and demand whatsoever of the grc.._„_ either in as law or ec ty, ef, in and to the above bargained premises, w-ith tae hereditaments and appu_- _..0.n_es. TO HAVE AND TO HOLD the said premises above Dn rga:ned and described, • with the appurtenances, unto the grantee, his heirs and assigns forever. ;4■J And the Granter, for himself, his heirs and assigns, does covenant, gran_, bargain, and agree to and with the Grantee, his heirs and assigns, _.. - at the time of the er_seal:ac delivery cf the presents, he is well seized of the premises above conveyed, has rood, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good -- _ - t, full power and lawful a_thori:y to Grant, bargain, sell and convey e fame in manner and form as aforesaid, and that the same are free and -Lear _ from all former and other grants, batch :. ^s, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soe except those matters as set forth on Exhibit "A" attached hereto and inccrrorated herein by reference. The gra :.tor shall and will WARRANT AND FOREVER DEFEND the abc bargained premises the quiet and peaceable possession of the grantee, his heirs and assigns, against all and e'e_ry person or persc lawfully ^:aiming the whore or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all k. gends— JOHb . OXLEY STATE OF Ok1tO•.orna ) COUNTY OF 'Iela a ) sr. TS° foregoing instrument was acknowledged before me this Is day of nla , • 19'91 , , by JOHN C. O:: FY WI NISS my hand and official seal C., in ,�r. Agra my, commission er.ires: Notary Public To whom it may concern, - August 4, 1997 This letter is to verify the intent to apply for, Design review approval with the Design Review Appeals Committee, and an accessory dwelling unit approval with the Aspen Planning and zoning commission. Listed below are the names of the applicants and their representatives 627 W. Smuggler - Oxley Lot Split Lot 2 Owner: Aspen GKLLC- -191 Waukeegan Rd.- Northfield, Illinois 60093 Architect: Peter 1. Gluck and Partners- 19 Union Sq. West- New York, NY 10003 Owner Representatives: Peter Gluck- Charles Kaplan PUBLIC NOTICE RE: ASPEN GK LLC CONDITIONAL USE FOR ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 16, 1997 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Conunission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Aspen GK LLC requesting Conditional Use approval to construct a subgrade accessory dwelling unit within a proposed single - family residence. The property is located on a vacant lot adjacent to 627 W. Smuggler, and is described as Lot 2, Oxley Lot Split. For further information, contact Mitch Haas at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920 -5095. s /Sara Garton, Chair Aspen Planning and Zoning Commission City of Aspen Account Post -it® Fax Note 7671 Date 5/z IA s To gu( 4QL From fl i I .. _ Co./Dept. pt c. /' 0ucl� Co. Crr? /` rti 4 40 4 `� Phone # \\ (' (( Z ''""�� 1 , I Phone # f'l )/'r-�� Fax# 6 — O q Fax# ((�(/v�)910/ J`g-37 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 -1975 Phone (970) 920 -5090 FAX (970) 920 -5439 MEMORANDUM TO: City Engineer Zoning Officer Housing Director Parks Department Aspen Fire Marshal City Water Aspen Consolidated Sanitation District FROM: Mitch Haas. Planner RE:. Aspen GK LLC Conditional Use for an ADU Parcel I.D. No. 2735- 124 -09 -014 DATE: August 14, 1997 REFFRRAI,SCHEDULE DRC MEETING DATE: August 20, 1997 ENGINEERING REFERRAL DUE TO PLANNER: August 29, 1997 OTHER REFERRALS DUE TO ENGINEER & PLANNER: August 27,1997 Attached for your review and comments is an application submitted by Charlie Kaplan of Peter Gluck & Partners (Architects). Please complete and return your referral comments according to the deadlines provided above. Thank you, Mitch. I hur, Overeynder, 09:2a AM 8/15/97 , Aspen GK LLC ' � _ p ,pond 1 Use for X- Sender: philo @commons.ci.aspen.co.us (Unverified) Date: Fri, 15 Aug 1997 09:28:36 -0600 To: mitchh @ci.aspen.co.us From: Phil Overeynder <philo @ci.aspen.co.us> Subject: Aspen GK LLC Cond'l Use for ADU Cc: nicka @ci.aspen.co.us, ryanm @ci.aspen.co.us The Water Dept has no comments on this application. All standard Water Dept requirements will be handled during the building permit process. Printed for Mitch Haas <mitchh @ci.aspen.co.us> 1 wr DRAFT MEMORANDUM 1. 1 � _ in , ' . • - Thru: Nick Adeh, City Engineer From: Chuck Roth, Project Engineer Date: August 20, 1997 Re: Aspen GK LLC Conditional Use Review for an ADU I have reviewed the above referenced application, and I have the following comments: 1. Improvement Survey - The application did not include an improvement survey, and it is a requirement to include in the application packet a document that is specifically titled "improvement survey" and that is wet signed and stamped by a surveyor registered to practice in Colorado. The date must be within the past 12 months. 2. Encroachments - The building permit drawings will have to show the fences that encroach into the alley and Smuggler Street rights -of -way and indicate that they will either be relocated onto private property, or be removed, or be licensed. 3. Sidewalk. Curb and Gutter - The site is located in the West End where sidewalks are excluded from being built. However the "Pedestrian Walkway and Bikeway System Plan" does indicate that there should be pedestrian usable space off of the street surface. Therefore, the building permit drawings must indicate a five foot wide pedestrian usable space with a five foot buffer for snow storage. The site lacks curb and gutter. The applicant needs to sign a curb and gutter construction agreement, and pay recording fees, prior to issuance of a certificate of occupancy. This requirement was indicated in the Oxley lot split approvals. 4. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in the public right -of -way. For pedestals, easements must be provided. The building permit drawings must indicate all utility meter locations. Meter locations must be accessible for reading and may not be obstructed by trash storage. 1 5. Site Drainage - As provided for in the parcel lot split approvals, the site development must meet the requirement of runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f, and the building permit application will have to include a drainage mitigation plan (24 "x36" size plan sheet or on the lot grading plan) and a report, both signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan. 6. Streets Department - The alley is plowed to the sides, and the property owner must clear snow as needed for access. 7. City Electric Department - The applicant needs to consult with the electric superintendent to determine ability to supply anticipated power demands. 8. Fire Marshal - If the living area is greater than 5,000 square feet, sprinklers will be required. 9. 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. M97.I18 2