HomeMy WebLinkAboutcoa.lu.ca.531 535 E Cooper.007.2010 THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0077.2010.ASLU
PARCEL ID NUMBER NO PARCEL
PROJECTS ADDRESS 531 & 535\OPER ST
PLANNER DREW ALEXANDER
CASE DESCRIPTION INTERPRETATION
REPRESENTATIVE MITCH HAAS
DATE OF FINAL ACTION 12.29.10
CLOSED BY ANGELA SCOREY ON: 01.27.11
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CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE CODE INTERPRETATION
.JURISDICTION: City of Aspen
APPLICABLE CODE SECTION: Section 26.470.070.D, Demolition or
redevelopment of multi - family housing
EFFECTIVE DATE: December 16, 2010
WRITTEN BY: / Drew Alexander,
JI Planner
APPROVED BY: 'ILLS. Chris Bendon,
Community Development Director
SUMMARY:
This land use code interpretation clarifies whether the relocation of a residential multi - family
dwelling unit with no loss of density triggers the requirements of Subsection 26.470.070.5,
Demolition or redevelopment of multi - family housing.
BACKGROUND:
The Growth Management Quota System (GMQS) Chapter of the City's Land Use Code includes
a subsection entitled 26.470.070.5, Demolition or redevelopment of multi family housing. This
subsection establishes requirements when multi - family dwellings units within the City of Aspen
are demolition, converted, combined, or redeveloped.
This request for interpretation seeks to clarify the subsection's applicability when a residential
multi - family unit is removed on one building level, but gained elsewhere in a building, resulting
in no net loss of dwelling units.
This code interpretation was requested due to a scenario similar to the example described above.
The Applicant wished to convert a ground level residential multi - family unit to commercial,
while at the same time converting a second level commercial space to a residential multi - family
unit. The same residential density would have been maintained after completion. However,
Staff found that this change would trigger Demolition or redevelopment of multi family housing.
In the Applicant's request for interpretation are several reasons why the Code should allow for
this type of project without triggering Demolition or redevelopment of multi family housing.
However, the purpose of a code interpretation is to represent what the code does say, not what
the code should say. In order to change the code, a code amendment would be the appropriate
process to do this, not a code interpretation.
I
DISCUSSION AND INTERPRETATION:
Staff is relying on various portions of the Land Use Code for this interpretation. These portions
of the Code specifically include Section 26.104.100, Definitions, and Subsection 26.470.070.5,
Demolition or redevelopment of multi - family housing. Subsection 26.470.070.5 begins with a
preamble that outlines the basis for the requirements associated with the demolition or
redevelopment of multi - family housing, noting that:
"...City has found it necessary, in concert with other regulations, to adopt
limitations on the combining, demolition or conversion of existing multi-family
housing in order to minimize the displacement of working residents, to ensure that
the private sector maintains its role in the provision of resident housing and to
prevent a housing shortfall from occurring... "[emphasis added].
And that:
"The combining, demolition, conversion or redevelopment multi-family housing
shall be approved, approved with conditions or denied by the Planning and
Zoning Commission based on Compliance with the following regulations (see
definition of demolition) "[emphasis added]
Additionally, the term "demolition" as described in Section 26.104.100 is defined as:
"To raze, disassemble, tear down or destroy forty percent (40 %) or more of an
existing structure (prior to commencing development) as measured by the surface
of all exterior wall and roof area above finished grade and associated assembly
and components necessary for the structural integrity of such wall and roof
area... Demolition shall also include the removal of a dwelling unit in a multi-
family or mixed -use building, its conversion to nonresidential use, or any action
which penetrates demising walls or floors between Multi- Family Housing Units if
such action is undertaken to combine the units "[emphasis added].
Therefore, the conversion of an existing unit from residential use to commercial use meets the
definition of demolition, regardless if additional density is added, and is subject to review under
26.470.070.5.1.
In some specific scenarios, exemptions may be applied to these regulations. The list of
exemptions found in subsection 26.470.070.5.8, does not include any exemption for the
relocation of a multi - family unit within the same structure, even when the same density
maintained. The only exemptions that would apply to this situation would be
a) Non - willful destruction (with conditions),
b) The conversion or demolition of multi - family units that have been used
exclusively for tourist accommodations, or
c) The demolition or conversion of bandit units.
s
An additional exemption found at subsection 26.470.070.5.8.f, is dependent upon the opinion of
the Community Development Director and states the following:
"A change order to an issued and active building permit that proposed to exceed
the limitations of remodeling/demolition to rebuild portions of a structure which
in the opinion of the Community Development Director, should be rebuilt for
structural safety, accessibility, or significant energy efficiency reasons first
realized during construction, which were not known and could not have been
reasonably predicted prior to construction, and which cause no or minimal
changes to the exterior dimensions and character of the building" [emphasis
added].
It is Staffs determination that when a multi - family dwelling unit is converted to a non-
residential use, even if an additional multi - family dwelling unit is created elsewhere in the
building, that the demolition or redevelopment of multi - family housing is triggered. Unless one
of the exemptions stated in 26.470.070.5.8 are explicitly related to the conversion of the multi-
family dwelling unit, replacement housing shall be provided at one of the mitigation rates
determined by the Land Use Code at the time of submittal.
APPEAL OF DECISION:
Any person with a right to appeal an adverse decision may initiate an appeal by filing a notice of
appeal on a form prescribed by the Community Development Director. The notice of appeal shall
be filed with the Community Development Director within fourteen (14) days of the date of the
decision being appealed. Failure to file such notice of appeal within the prescribed time shall
constitute a waiver of any rights to appeal the decision.
EXHIBITS:
A — November 18, 2010, letter from Mitch Hass
•
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HAAS LAND PLANNING, LLC
RE CE/VED
November 18, 2010 NO V
X
CIS, 010
Mr. Chris Bendon, Director C04#440, � ASpFN
Aspen Community Development Dept. l oPMF
130 South Galena Street
Aspen, CO 81611
RE: Remodel of the Historic Bowman Building (531 & 535 E. Cooper Ave.)
Dear Chris:
This letter is a request for a formal Interpretation of Title, pursuant to
Section 26.306.010 of the Land Use Code. Specifically, we are seeking to confirm
that, through interpretation, Section 26.470.070(5), Demolition or Redevelopment
of Multi- Family Housing, is not applicable to the proposed remodeling of the
Historic Bowman Building.
The Bowman Building, which was built in 1888, is located at 531 and 535
E. Cooper Avenue (SW corner of Cooper and Hunter). This building is on the
City of Aspen Inventory of Historic Landmark Sites and Structures (the
Inventory) and is located within the Commercial Core Historic Overlay District.
It is legally described as Lots I, H, and the Easterly 5' of Lot G, Block 96, City and
Townsite of Aspen. NJ Stein LLC (the applicant) owns the Bowman Building.
The applicant intends to remodel the building, including relocation of the
ground floor residential unit to the second floor, moving the second floor
commercial space to ground level, and creating a new commercial space along
the alley to replace similar space that will be lost as a result of the new lobby
area.
The property , is comprised of three attached two -story structures,
accommodating primarily commercial uses and one free - market residence on the
ground floor while the second floor is made up primarily of free market
residential units along with one commercial unit. The free market residential
unit on the ground floor of the westernmost structure is located off the alley, and
the small commercial space on the second floor is in the easternmost structure.
In total, there are six separate commercial spaces and six residential units on the
property.
• 201 N. MILL STREET, SUITE 108 • ASPEN, COLORADO • 81611 •
• PHONE: (970) 925 -7819 • FAX: (970) 925 -7395 •
The applicant intends to relocate the second floor commercial unit to the
space on the alley -side of the ground level where the free market residential unit
is now located, and proposes to move that free market unit onto the second floor.
There will also be some internal reconfiguration of the existing second floor
residences, and one of the existing commercial spaces on the Hunter Street side
of the ground level will move to a new location on the alley side of the building.
This will allow for development of a lobby area with Code compliant access to
the residential units above. Simultaneously, the second floor remodel will bring
the building into compliance with current life- safety requirements for fire
protection, circulation, ingress/ egress, etc., as well as today's energy codes.
After the renovations, there will be six (6) commercial spaces, all on the
ground level of the building, and six (6) residential units, all on the second level
of the building. There will be no net loss of residential units or bedrooms, i.e., no
lost density will occur as a result of the proposed remodeling.
The demolition or redevelopment of multi - family housing is governed by
Section 26.470.070(5) of the City of Aspen Municipal Code (the "Code "). Said
Section articulates that the City felt it necessary to adopt limitations on the
combining, demolition, or conversion (to a different use) of existing multi - family
4 housing. Section 26.470.070(5) provides, in part, the following narrative:
Preservation of the housing inventory and provision of dispersed housing
opportunities in Aspen have been long- standing planning goals of the
community. Achievement of these goals will serve to promote a socially
and economically balanced community, limit the number of individuals
who face a long and sometimes dangerous commute on State Highway 82,
reduce the air pollution effects of commuting and prevent exclusion of
working residents from the City's neighborhoods.
The Aspen Area Community Plan established a goal that affordable
housing for working residents be provided by both the public and private
sectors. The City and the Aspen/Pitkin County Housing Authority have
provided affordable housing both within and adjacent to the City limits.
The private sector has also provided affordable housing. Nevertheless, as
a result of the replacement of resident housing with second homes and
tourist accommodations and the steady increase in the size of the
workforce required to assure the continued viability of Aspen area
businesses and the City's tourist -based economy, the City has found it
necessary, in concert with other regulations, to adopt limitations on the
combining, demolition or conversion of existing multi family housing in
order to minimize the displacement of working residents, to ensure that
Bowman Remodel - Replacement Housing Interpretation Request
Page 2
the private sector maintains its role in the provision of resident housing
and to prevent a housing shortfall from occurring. [Emphasis added.]
"Demolition" is defined in Section 26.104.100 of the Code as follows:
To raze, disassemble, tear down or destroy forty percent (40 %) or more
of an existing structure (prior to commencing development) as measured
by the surface of all exterior wall and roof area above finished grade and
associated assembly and components necessary for the structural integrity
of such wall and roof area....Demolition shall also include the removal of
a dwelling unit in a multi family or mixed -use building, its conversion to
nonresidential use, or any action which penetrates demising walls or
floors between multi family housing units if such action is undertaken to
combine the units.
The crucial theme of both the replacement of multi - family housing section
and the Code's definition of demolition is to ensure that any residential units that
are lost be fully replaced by new units and /or cash -in -lieu. In fact, considering
the language of Section 26.470.070.5 of the Code, clearly this definition is
intended to address: 1) permanent removal of dwelling units without
replacement, 2) conversion to non - residential use resulting in a net loss of units,
or 3) any combining of units resulting in lost density.
In the proposed remodel of the Bowman Building, no "demolition" will
occur, as less than forty percent (40 %) of the existing structure as measured
pursuant to the Code, will be razed, disassembled, torn down, or destroyed.
Although the ground floor residential unit will be moved to the upper level of
the building (thus eliminating the current nonconformity of a ground floor
residential unit in the Commercial Core), and the space that it currently occupies
will become a commercial space, it should not be considered "demolition" or
"conversion" since there will still be the same number of residential units (and
bedrooms) in the building once the remodel is completed. This remodel will not
result in any working residents being displaced, nor will it result in the loss of
any units or density, nor will it create any housing shortfalls. Additionally, the
private sector will continue to maintain its role in providing the same exact
amount of resident housing in the Bowman Building as has existed for all these
years.
Next, and by way of analogous reasoning, Section 26.470.070(8) of the
Code provides for certain exemptions from the multi - family housing
replacement requirements, including reconstruction after non - willful demolition
due to a flood, fire, or other natural catastrophe, civil commotion, or similar
event not purposefully caused by the landowner. In order for reconstruction
Bowman Remodel - Replacement Housing Interpretation Request Page 3
after non - willful demolition to be exempt, the Code requires the exact
replacement of the previous number of units, bedrooms, and square footage in
the same configuration. However, Code Section 26.470.070(8)(a) goes on to state
that,
...the Community Development Director may approve exceptions to the
exact replacement requirement to accommodate changes necessary to
meet current building codes; improve accessibility; to conform to zoning,
design standards or other regulatory requirements of the City; or, to
provide other architectural or site planning improvements that have no
substantial effect on the use or program of the development.
It seems only logical that the proposed remodel be exempt from multi-
family replacement requirements since the City can /will achieve the same
outcome that would be required in the case of exempt reconstruction after a non -
willful demolition. That is, if a non - willful demolition were to occur, the City
would actually require the applicant to remodel the building in exactly the
manner proposed so as to enable compliance with current building codes,
improved accessibility, and conformance to the Commercial Core zoning. The
building should not need to somehow be destroyed in order to get to the same,
desired end result.
The proposed remodel of the Bowman Building should be considered a
Minor Enlargement of a Historic Landmark since there will be no net gain in
free - market units. Since the remodel will not result in the loss of any residential
units (or bedrooms, for that matter), Section 26.470.070(5) of the Code should not
be applicable. To impose Section 26.470.070.5 puts the entire project, including
all of the benefits mentioned below, in jeopardy unnecessarily and, we believe,
inappropriately given the rationale behind /intent of the replacement
requirements. The proposed remodel is fully consistent with the Code and will
deliver the following benefits:
• elimination of a non - conforming use (the ground -floor residential unit);
• only commercial uses will exist on the ground level, consistent with the
Commercial Core regulations;
• the proposed alley commercial and small retail spaces are conducive to
"local orientation ";
• the new ingress /egress, elevators and fire sprinklers will conform to
current health and safety requirements, thereby greatly improving
accessibility and safety for all residential and commercial occupants;
• new mechanical equipment, and the replacement of non - historic windows
and doors, insulation and roofing will provide greatly increased energy
efficiency; and,
• this iconic historic building's preservation will be enhanced.
Bowman Remodel- Replacement Housing Interpretation Request Page 4
In closing, it is respectfully requested that a formal interpretation be
provided confirming the above- described understanding and effect of the cited
Code provisions. If you are of the opinion that this Code section is applicable in
this instance, a written response explaining why it should apply is requested.
That said, we hope to instead receive written confirmation that Section
26.470.070(5) will be inapplicable to the proposed remodel described herein. If
you should have any questions or require any additional information, please do
not hesitate to contact me.
Truly yours,
Haas Land Planning, LLC
i
Mic Haas
Owner/ Manager
Bowman Remodel - Replacement Housing Interpretation Request Page 5