Loading...
HomeMy WebLinkAboutagenda.apz.20120501 AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, May 1, 2012 4:30 p.m. Sister Cities room 130 S. Galena Street, Aspen I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS — 831/833 W. Bleeker, Subdivision and associated land use reviews VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: 9 rt ria el u) 0) c c C c 0 vzs < a 0 .-. O c a D an c m -E o N O a O- U N Et N -0 O O Uj tp a rn D O N 65 E E O Q) Cr) Y 1- t7 L U . 7 as - cp 0 O = U -c I To w O N N al N 7 7 5, (6 w U N as v � O c O in U C I-U V O 0) 0 D_0 -t a a Tr ai 03 (1.) -0 a °O — L co C �' C c 0 w .O (0 OV co L- U OC E O N tL o' °' 0c 1 1` - O) p p N L V -: N N f tC C ;Q W 04 N < LL 1' 4+ 0 O cD d' CO f- N e- 2 O O t0 to e- N in O O - C) M M O r- E O O d' M N M N < a 03 N N 0 M O m 7 N m ct Ln in N oo rn 0 �cn. nt�cr PatE Jennifer Phelan From: Jennifer Phelan Sent: Tuesday, May 01, 2012 9:40 AM To: Bert Myrin; Cliff Weiss (cliffweiss49 @gmail.com); Jasmine Tygre (jtygre @yahoo.com); Jim DeFrancia (jdefrancia @loweenterprises.com); keith Goode (keithg123 @hotmail.com); LJ Erspamer; Stan Gibbs Subject: library resolution Attachments: Approved_Library_PZ Reso_4.3.2012.docx Hello P&Z members:Attached is the draft resolution for the library. Unfortunately,we do not have a recorded record of the hearing, so the changes to the resolution are based on my written notes. I'm providing the draft so that you can look at the language and compare it to your recollection of the hearing. Below are copied portions of the draft and amended resolution.We may want to discuss this evening. Thanks,Jennifer Provided in the packet for the hearing Section 1:Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approval of a Specially Planned Area (SPA) amendment to the Pitkin County Library SPA, and an Essential Public Facility Growth Management Review. Specifically, with regard to employee generation, the Commission determines that the employee generation rate be zero. This determination is based upon on the improved layout of the library proposal which creates efficiencies in operation and the determination that some of the uses being increased are not currently staffed and do not typically need staffing. It is recommended that an employee generation audit be required of the library by City Council one and three years after issuance of a Certificate of Occupancy, if requested by APCHA at those times. Section 2: Design The proposed addition shall comply with the plan shown at the April 3, 2012 P&Z meeting, and attached as Exhibit A. Amended language post hearing Section 1:Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approval of a Specially Planned Area (SPA) amendment to the Pitkin County Library SPA, and an Essential Public Facility Growth Management Review. In consideration of the Applicant's representation that there will be no new employees generated, the Planning and Zoning Commission recommends that an employee audit be required one and three years after a Certificate of Occupancy is issued. If employees are found to be generated, any employee mitigation shall be subject to the rules and regulations in effect at the time of the audit. Section 2: Design The proposed addition shall comply with the plan shown at the April 3, 2012 P&Z meeting, and attached as Exhibit A. The Planning and Zoning Commission recommends, under section 26.440.050 (A)(1), that the scale of the addition is acceptable, but recommends that the applicant study the perceived mass of the roof to make is appear less imposing. Jennifer Phelan,AICP Deputy Planning Director Community Development Department 1 P1 MEMORANDUM TO: Planning and Zoning Commission FROM: Jennifer Phelan, Deputy Planning Director MEETING DATE: May 1,2012 RE: 831/833 W. Bleeker St.—Subdivision, GMQS for Affordable Housing, Certificates of Housing Credit, and Residential Design Standards variances APPLICANT/OWNER: STAFF RECOMMENDATION: Herb and Marsha Klein Staff recommends the applicant amend the application to address staff concerns outline in the memo. REPRESENTATIVE: Herb Klein SUMMARY: Applicant requests the P&Z recommend approval of LOCATION: Subdivision; and approve GMQS for Affordable 831/833 W. Bleeker Housing and Housing Credits. ii CURRENT ZONING,& USE Residential Multi-Family �" (RMF), with an existing ~ . 'a .. s iR 4 duplex. 1F s ...... 40,-0:,_..--'.., :' ' 4,PROPOSED LAND USE: 4 ' Applicant proposes to add a a u�;, , voluntary affordable housing 1 ';I •-' .kr j`, ` i! ; unit to the existing building, ,k _ ., changing the use structure from ,;`I - -_ .- 1 a duplex to a triplex and ,,, ,;._ `'k ,— --1'' establishing Affordable a ``. Housing Credits for the , .. ° ` development of the voluntary -- deed restricted unit. Subject property from W. Bleeker P2 LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting a recommendation of approval of the following land use approvals from the Planning and Zoning Commission: • Subdivision—An application for Subdivision, pursuant to Land Use Code Section 26.480.040(C)1, requires the Planning and Zoning Commission, at a public hearing, to recommend approval, approval with conditions or disapproval of the Subdivision. The City Council is the final decision-making body. The above land use review is for P&Z to make findings and recommendations to City Council for final action. All the land use reviews below are for the P&Z to make the final decision. • Growth Management: Affordable Housing — An application for Growth Management: Affordable Housing, pursuant to Land Use Code Section 26.470.070(4),requires the Planning and Zoning Commission, at a public hearing, to approve, approve with conditions or deny Growth Management. The Planning and Zoning Commission is the final decision-making body. • Establishment of Certificates of Affordable Housing Credit — An application for issuance of Certificates of Affordable Housing Credit, pursuant to Section 26.540.040, requires the Planning and Zoning Commission, at a public hearing, to find that the development meets defined criteria. The Planning and Zoning Commission is the final decision-making body. • Residential Design Standard Variances - An application for granting of a Residential Design Standards variance, pursuant to Section 26.410.020(D), requires the Planning and Zoning Commission, at a public hearing, to approve, approve with conditions or deny Residential Design Standard Variances. The Planning and Zoning Commission is the final decision-making body. • Dimensional Variance -- An application for granting of a dimensional variance, pursuant to Section 26.314.040(A), requires the Planning and Zoning Commission, at a public hearing, to approve, approve with conditions or deny Residential Design Standard Variances. The Planning and Zoning Commission is the final decision-making body PROJECT SUMMARY: 831/833 W. Bleeker is an existing duplex (Units A and B) on a 9,000 sq. ft. lot in the Residential Multi-Family (RMF) zone district. Duplexes area permitted use in the RMF zone district. The property is located on the corner of N. Eighth Street and W. Bleeker. The applicant is requesting to develop a voluntary affordable housing unit on the site, along W. Bleeker, creating a third unit. With the development of an additional unit, the property will be considered a multi-family dwelling, which is also a permitted use in the RMF zone district. The Applicant is requesting to establish a Certificate of Affordable Housing with the creation of the affordable housing unit. 2 P3 Figure 1: Vicinity ma i, l .. ti, • 1 r r i;. 1 _ �4,_ IE! y � {, I y'. , 1 A iti ‘, aC 1 d-ill?, ! Y• -1'.'7' .R j', Y / 3� 379. i = _"- f�l� ��rW f as . Stn .id i f� .+ r � Ilk . 3", , f kl'", v1 • ;71 IG ilf■■ , ,, ■, ' . . - ilif 1,, The use of the property, as a multi-family dwelling (triplex), changes the dimensional allowances for the property. Following is a table that outlines the underlining zone district requirements of the property. Table 1: RMF zone district dimensional standards Dimensional Duplex Triplex Proposed Requirement Gross Lot Area 6,000 sq. ft. 6,000 sq. ft. 9,000 sq. ft. Net Lot Area per 4,500 per unit No requirement 3,000 per unit dwelling unit Min. Lot Width 60 ft. 60 ft. 60 ft. Min. front yard 10 ft. 5 ft. 5.5 ft. setback Min Side yard 10 ft. min. 5 ft. 5.1 ft. setback 30 ft. combined Min Rear Yard 10 ft. 5 ft. 29.7 ft. Setback Max. Height 25 ft. 25 ft. 25 ft. Max. Floor Area 4,080 sq. ft. 6,750 sq. ft. <6,750 sq. ft. Max. Multi-Family <75%of the duplex 2,000 or 2,500 with 2,952 Unit Size structure the landing of a <2,000 TDR 401 3 P4 STAFF COMMENTS: SUBDIVISION REVIEW The proposed development is within the existing town site of Aspen and is currently served by existing infrastructure such as roads and utilities. Conversion from a duplex to a multifamily dwelling is in keeping with the character of the neighborhood. Staff Comment: In general, the applicant meets the subdivision review criteria. GROWTH MANAGEMENT REVIEW-AFFORDABLE HOUSING The Applicant is requesting to develop an affordable housing unit on the site as the third unit of density, converting the property from a duplex to residential multifamily. A studio unit of 401 square feet of net livable area is proposed. The Applicant is requesting that it be a Category 4 rental. Staff Comment:At 401 square feet of net livable area, the studio unit meets the minimum size requirement for a Category 1 or 2 unit; however, the applicant is requesting that the unit be permitted to be category 4 or lower. To be a Category 4 unit a minimum of 500 square feet of net livable area is required. Additionally, the Applicant is requesting that the unit be a rental versus a for sale' unit. The housing authority recommends that this project be denied due to concerns about the future enforcement of the unit. If the unit is approved, the housing authority recommends that it be a for sale Category 2 unit. Community Development staff recommends that the unit be permitted with the condition that it complies with the APCHA Guidelines — either the unit is enlarged to meet the minimum size of a Category 4 unit or the unit is deed restricted at its proposed size as Category 2. Staff supports APCHA 's recommendation that the unit be for-sale. DIMENSIONAL VARIANCE As noted in the Application, applicant is requesting to exceed the unit size cap for individual multi-family units. As a duplex does not have an individual unit cap, Unit A currently exceeds the 2,000 sq. ft. cap at approximately 3,157 sq. ft. of net livable area. With reconfiguration and remodel of the existing structure, rather than a full demolition, the applicant believes it is impractical to reduce the existing unit to less than 2,952 sq. ft. of net livable area. Applicant proposes to develop the additional two units at less than 2,000 sq. ft. of net livable area. Staff Comment: Although staff recognizes the environmental benefits of not demolishing the existing building and adding on to the existing structure, staff cannot support the requested variance with regard to the maximum unit size allowance. With new development and redevelopment, the city expects the development to be conforming, meeting the regulations and expectations of the city at the time of development. Although it may be inconvenient for the applicant to reduce the existing unit, changing the use of the property from a duplex to a triplex triggers the unit size cap requirement. 4 P5 RESIDENTIAL DESIGN STANDARDS VARIANCES The applicant is requesting several Residential Design Standards variances with regard to parking garages and carports, street oriented entrance and principal window, and first story element as noted in Exhibit D. • The design guidelines require properties that have access from an alley to access garages from the alley. The applicant is proposing to have garages face both W. Bleeker and Eighth Street. • The design guidelines also require a street oriented entrance and principal windows on street facing facades. The Applicant's current proposal does not meet this standard. • A first story element is required for buildings. As proposed, there is no first story element. Residential Design Standards have been adopted to contribute to the streetscape, enhance the pedestrian environment and promote architectural elements that are important components to neighborhood character. Although the neighborhood may not have many existing buildings that meet the standards, these elements are important in developing good neighborhood character. Staff cannot support the request for the garage doors to face the street, when an alley is present that other neighbors use for access. Staff recommends that the 2"d story balcony windows be modified as noted above. Staff would recommend that the applicant develop a smaller porch element for the AHU unit than required Making these adjustments in the project will create building elements that enhance the streetscape and provide important architectural characteristics to the building. ESTABLISHMENT OF AFFORDABLE HOUSING CREDITS As noted in the Affordable Housing review, above, the Applicant is proposing a category 4, 401 sq. ft. (of net livable area) studio unit. Staff Comment:A studio unit houses 1.25 full Time Equivalents (FTEs). To be eligible for the credit, the Applicant will need to modify the application to either reduce the category of the unit or increase the size of unit so that meets APCHA guidelines with regard to size and category. REFERRAL COMMENTS: Staff from Housing, Parks, and Engineering reviewed this project and applicable comments are incorporated into the resolution. The Parks Department is concerned that the root system along Bleeker Street will be severely impacted with the proposed building addition. Currently, the Parks Department does not support the removal of the tree along Eighth Street. The applicant is requesting a curb cut variance along Eighth Street from the City Engineer. At this time, the City Engineer is waiting to see if the proposed project is recommended for approval by the Commission. 5 P6 RECOMMENDATION: Staff understands the benefit that affordable housing provides to the community and that converting the existing building from a duplex to a triplex permits a use in the neighborhood that is prevalent: multi-family buildings. Staff also recognizes that redevelopment and reuse of a building is better for the environment than demolition and replacement. Staff supports the development of the site as a triplex with a voluntary affordable housing unit. However, staff recommends that some additional changes to the proposal be made, to better conform to current regulations that are required of multi- family development and affordable housing. Specifically, Staff recommends: • Either reducing the proposed affordable housing unit category to Category 1 or 2 or increasing the size of the unit to permit a Category 4. • Change the affordable housing unit from a rental to a for-sale unit. • Reduce the unit size of all units to meet the maximum unit size cap in the RMF zone district. • Require any new garage access and parking to be via the existing alley. • Reevaluate the addition's impact to the existing root system along Bleeker so that the trees will survive via a potential floating foundation as well as reconsider the proposed parking if the tree on Eighth is not permitted to be removed. RECOMMENDED MOTION: "I move to continue the review of 831/833 W. Bleeker." Note: Staff included a resolution that approves the project as presented by the applicant. ATTACHMENTS: EXHIBIT A—Subdivision Review Criteria EXHIBIT B—Growth Management—Affordable Housing Review Criteria EXHIBIT C -Dimensional Variance Review Criteria EXHIBIT D—Residential Design Standards Variances Review Criteria EXHIBIT E—Establishment of Affordable Housing Credits Review Criteria EXHIBIT F—Photos of existing site conditions EXHIBIT G—Housing Board Recommendation EXHIBIT H—Letters from the public EXHIBIT I - Application 6 P7 RESOLUTION NO._ (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING GROWTH MANAGEMENT REVIEW FOR AFFORDABLE HOUSING, ESTABLISHMENT OF AFFORDABLE HOUSING CREDITS, A DIMENSIONAL VARIANCE, VARIANCES FROM THE RESIDENTIAL DESIGN STANDARDS, AND RECOMMENDING THE CITY COUNCIL APPROVE SUBDIVISION, WITH CONDITIONS, FOR THE DEVELOPMENT OF TRIPLEX FOR THE PROPERTY LEGALLY DESCRIBED AS LOTS A, B, AND C, BLOCK 12, ASPEN TOWNSITE AND COMMONLY KNOWN AS 831/833 W. SLEEKER AVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: WHEREAS, the Community Development Department received an application from Herb and Marsha requesting approval of a Growth Management Review for Affordable Housing, a dimensional variance, variances from the Residential Design Standards, Establishment of Affordable Housing Credits and Subdivision, to develop an additional affordable housing unit on the subject site thereby converting an existing duplex into a triplex at 831/833 W. Bleeker Ave.; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for Growth Management Review for Affordable Housing, a dimensional variance, variances from the Residential Design Standards, Establishment of Affordable Housing Credits and a recommendation of Subdivision; and, WHEREAS, the property is located at 831/833 W. Bleeker Ave. and is currently zoned Residential Multi-family (RMF); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended remanding the application to applicant to amend the size or category of the affordable housing unit, reduce the unit size of a proposed residential unit to meet the 2,000 square foot cap for multi-family units in the RMF zone district, require new garage access and surface parking to access and be located off the existing alley, and to restudy the proposed addition to protect the existing trees along W. Bleeker Avenue; and, WHEREAS, during a duly noticed public hearing on May 1, 2012, the Planning and Zoning Commission considered the application under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, Page 1 of 3 P&Z Resolution No. _ (2012) P8 WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Planning Commission Recommendation The Planning and Zoning Commission recommends City Council approve the application for Subdivision review. Section 2: Growth Management Approval for Affordable Housing Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Growth Management Review for Affordable Housing creating one studio rental unit at 410 square feet of net livable area and permitted to be rented at Category 4 or lower. Section 3: Dimensional Variance Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves one unit to be no greater than 2,952 sq. ft. of net livable area. All other units shall meet the maximum unit size cap of the underlying zone district. All other dimensional standards for the Residential Multi- family zone district shall be met. Section 4: Certificates of Affordable Housing Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves issuance of 1.25 Certificates of Affordable Housing Credits, such certificates to be granted subsequent to issuance of a Certificate of Occupancy for the project, pursuant to Section 26.540.040. Section 5: Residential Design Standards Variances Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby grants the requested design variances of Parking Garages and Carports, Section 26.410.040 (C)(1)(a), Building Elements — Street oriented entrance and principal window, Section 26.410.040 (D)(1)(b), Building Elements —First Story Element, Section 26.410.040 (D)(2), and Windows, Section 26.410.040 (D)(3)(a) as materially represented at the public hearing on Mayl, 2012 Section 6: Parks Building permit plans shall include a detailed plan submitted for Tree Protection. A. Tree protection fences must be in place and inspected by the city forester or his/her designee before any construction activities are to commence. Page 2 of 3 P&Z Resolution No. _(2012) P9 B. No excavation, storage of materials, storage of construction backfill, and storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. C. There should be a location and standard for this fencing denoted on the plan. Current locations are identified above the 15' set back and along the side yard setbacks. Section 7: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 8: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of May, 2012. APPROVED AS TO FORM: Debbie Quinn,Assistant City Attorney PLANNING AND ZONING COMMISSION: LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk Page 3 of 3 P&Z Resolution No. (2012) P 1 0 Exhibit A—Subdivision Review Criteria Sec. 26.480.050.Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding: Staff finds that the proposal meets elements of the Aspen Area Community Plan. The production of affordable housing is a central priority of the 2000 AACP. Encouraging the private sector to produce affordable housing is also an important goal. The proposal also meets the goals of the 2000 AACP because it is within the original townsite, located in a neighborhood that it is walkable, bikeable and close to transit. The proposed rezoning is consistent with the following statements in the 2000 AACP: • "Encourage greater participation by the private sector in developing affordable housing. " (Housing Goal E,pg 27) • "Development of affordable housing within the traditional town site should be encouraged so as to protect our open and rural lands. " (Housing Philosophy, pg 25- 26) • "When employees have the ability to live near where they work, their reliance on the automobile lessens and they have greater opportunities to become a part of the town's social fabric. " (Housing Philosophy, pg 26) • "New development should take place only in areas that are, or can be served by transit, and only in compact, mixed-use patterns that are conducive to walking and bicycling. " (Transportation Philosophy,pg 21) • "Contain development with the creation of the Aspen Community Growth Boundary...to ensure development is contained and sprawl is minimized " (Managing Growth Goal D,pg 18) 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Finding: The neighborhood consists primarily of multi-family residential development with some single-family and duplex development. The development of multi- family residential is consistent with the existing land uses in the area. Staff finds this criterion is met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. P11 Staff Finding: The proposed development will not adversely affect future development as the area's infrastructure and access will not be compromised. Stafffnds this criterion met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding: As noted in both the variance review standards and the affordable housing review standards, the project, as proposed, does not meet all of the requirement of the Land Use Code. Stafffinds this criterion is not met. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. Staff Finding: The proposed development is within the existing town site of Aspen and is not being proposed on land that is unsuitable for development. Staff finds this criterion met. 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding: The proposed development is within the existing townsite of Aspen and is currently served by existing infrastructure such as roads and utilities. It will not require the extension of existing public facilities. Stafffinds this criterion met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding: The proposed development is within the existing town site of Aspen and is currently served by existing infrastructure such as roads and utilities. The chapter noted above is with regard to engineering regulations such as designing and building streets. P12 The Applicant agrees to meet any engineering regulations as part of the application. Staff finds this criterion met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement housing program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding: As proposed, a voluntary affordable housing unit is being proposed. As long as no demolition occurs, affordable housing mitigation is not required. Stafffinds this criterion met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Finding: Any Impact Fees or School Land dedication shall be applicable at building permit submittal. Stafffinds this criterion met. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, §2; Ord. No. 12, 2007, §§29,30) Staff Finding: There is no yearly cap in allotments for the development of affordable housing. Stafffinds this criterion met. P13 Exhibit B — Growth Management Review for Affordable Housing 4. Affordable housing. The development of affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Staff Finding: At 401 square feet of net livable area, the studio unit meets the minimum size requirement for a Category 1 or 2 unit; however, the Applicant is requesting that unit be a category 4 unit. To be a Category 4 unit a minimum of 500 square feet of net livable area is required. The Housing Board recommends denial of the proposal due to concerns about enforcement of the unit. The Board agreed that if the unit is approved, it should be a for sale Category 2 unit. Staff finds this criterion not to be met —the size/Category combination of the proposed unit does not comply with the APCHA guidelines. Staff recommends that the applicant revise the unit size or the Category to meet the guidelines. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash-in-lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash- in-lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. (Ord. No. 6—2010, §4) Staff Finding: The proposed AHU is a voluntary unit and this review criterion is not applicable. Stafffinds this criterion to not be applicable. c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. (Ord. No. 14—2011, §3) • P14 Staff Finding: As proposed the entire unit is above natural or finished grade. Staff finds this criterion to be met. d. The proposed units shall be deed-restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi-municipal agency shall not be subject to this mandatory "for sale" provision. Staff Finding: The land use code notes that the unit shall be a for sale' unit unless permitted to be a rental. Although the applicant is requesting the unit to be a rental, APCHA is not supporting the request to develop the unit and if developed requests that it be for sale. 'Staff recommends that this be a for sale' unit as proposed by APCHA. Staff finds this criterion is not met. e. Non-Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such non-mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. (Ord. No. 6 —2010, §4) Staff Finding: As proposed, the new AHU will be a voluntary unit and potentially eligible for a Certificate of Affordable Housing. Without changes to the proposal, the Applicant does not meet all of the review criteria of section 26.470.070.4(a-d). Staff finds this criterion is not met. P15 Exhibit C—Dimensional Variance Review Criteria Sec. 26.314.040.Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title; Staff Finding: Communities enact land use regulations to ensure development is consistent with the goals and objectives of the community. The purpose of the Residential Multi family zone district is to "provide for the use of land for intensive long-term residential purposes" and adding density to the site contributes to the purpose. However, allowing the existing duplex to become multi family and exceed the unit cap size changes the use of the structure (duplex to multi family) without requiring it to conform to the zoned district standards, which is an action that staff does not support. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Finding: The grant of the variance permits Unit A to be 2,952 square feet of net livable area, which is 952 square feet larger than the maximum permitted unit size (without landing a Transferable Development Right). Currently the Applicant has reasonable use of the parcel and could reconfigure the existing building to meet the maximum unit size and still allow reasonable use of the parcel. Staff does not find this criterion met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district. Staff Finding: The applicant is requesting to change an existing, legally established, conforming duplex into a triplex. With the proposed change, the Applicant is P16 proposing to create a non-conforming structure with regard to unit size. With new development and redevelopment, the city expects the development to be conforming, meeting the regulations and expectations of the city at the time of development. Other development in the same zone district would not be permitted to exceed the unit size cap when changing from a duplex to a triplex or when increasing the size of a multi family unit. This request is a direct result of the applicant's desire to build a triplex and minimally changing the existing structure. Staff does not find this criterion met. P17 Exhibit D—Residential Design Standards Variance 2. Variances from the Residential Design Standards, Section 26.410.040, which do not meet this Section may be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Chapter 26.415. An applicant who desires to consolidate other requisite land use review by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate and the deciding board shall find that the variance, if granted would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. (Ord. No. 52-2003, § 5; Ord. No. 20-2005, § 1) Staff Finding: When reviewing existing structures that are being redeveloped, staff takes the position that the applicant should try to meet the design standards if the applicant is affecting an area of a building that is regulated under the guidelines. The applicant is requesting a number of variances from the Residential Design Guidelines, specifically: 1) Parking Garages and Carports, Section 26.410.040 (C)(1)(a), requiring residential uses that have access from an alley to access garages from the alley. With regard to access from the alley, staff does not support the request for a variance. The applicant is proposing a new garage access from Eighth Street with expanded surface parking for the Affordable Housing Unit. Additionally, a new garage facing W. Bleeker Street is proposed to use the existing curb cut. Compared to the existing side loaded garage accessed from W. Bleeker, the proposed parking garages are much more visible and detract from the streetscape. Alley access is preferred and predominately used on the block. The Applicant is proposing to remove a tree along Eighth Street to provide feasible access to the proposed garage and surface parking. Staff believes the applicant can further study the potential to provide alley access. 2) Building Elements — Street oriented entrance and principal window, Section 26.410.040 (D)(1)(b), requiring a covered entry porch of 50 or more square feet, P18 with a minimum depth of six (6') feet, shall be part of the facade. Entry doors shall not be more than one (1) story in height. One street oriented entrance per every four multi family units is required to face the street. On corner lots, the entry is supposed to be on the longer block face, which is W. Bleeker. The door of the affordable housing unit meets this requirement but an entry porch is not provided, therefore not meeting the standard. Although the Applicant has an existing porch element along Eighth Street and proposes one along W. Bleeker, neither meets the dimensional requirements of the standard. In looking at the neighborhood context, very few of the multi family developments provide a covered porch element that meets the covered porch standard. 3) Building Elements —First Story Element, Section 26.410.040 (D)(2), requiring the provision of a first story element in the form of a porch element or one-story living space. Within the neighborhood, there are not many examples of a first story element with habitable living space within it, but there are more examples of porches and stoops leading to entryways. Residential Design Standards have been adopted to contribute to the streetscape, enhance the pedestrian environment and promote architectural elements that are important components to neighborhood character. Although the neighborhood may not have many existing buildings that meet the standards, these elements are important in developing good neighborhood character. Staff cannot support the request for the garage doors to face the street, when an alley is present that other neighbors use for access. Staff recommends that the applicant develop a smaller porch element for the AHU unit than required. Making these adjustments in the project will create building elements that enhance the streetscape and provide important architectural characteristics to the building. P19 Exhibit E—Affordable Housing Credit 26.540.040 Review criteria for planning and zoning commission A Certificate of Affordable Housing Credit may be established by the Planning and Zoning Commission, pursuant to the adoption of a Resolution, if all of the following criteria are met: A. A Certificate of Occupancy has been issued for affordable housing units that have been deed-restricted subsequent to the adoption of Ordinance No. 6, Series of 2010, and pursuant to the requirements of Section 26.470.070.4(a-d). Staff Comment:prior to an issuance of a Certificate of Occupancy, a deed restriction, approved and reviewed by the housing authority, will be recorded for the voluntary unit. Staff finds this criterion met. B. The affordable housing units are not for the purpose of mitigating impacts of development, or a requirement or obligation of a Development Order. Staff Comment: The proposed affordable housing unit is a voluntary unit and is not required for mitigation. Staff f nds this criterion met. C. A recommendation of the Aspen Pitkin County Housing Authority Board of Directors has been made, establishing the number of Full-Time-Equivalents (FTEs) accommodated by the affordable housing units, pursuant to Affordable Housing Guidelines, as amended. Staff Finding: A studio unit houses 1.25 Full Time Equivalents (FTEs) per the APCHA Guidelines. Stafffnds this criterion met. E P20 � CD CD CO w - : y , K�- .. • i r %� �.#,..., .-z----..7�}i-- "In ° w •••.,...;1 i • : \\I'l - • M w Yr r =� . i 44 I' •1 I • i t- • :'..-%. .....A;'-:--7"-z-: r % , ..,...„ i.t. , 4,.. .: . , 4.4..... ..-..v 5. 1,•• .,- . '1 .. • ii.,, - .,. . ... , . ... , , ,, .,- -..,,,, -_-* . ti . . - . _ , ii, ...„...... ...... .. .. ......._ ?,,,,_:,-- -.=, ,,-,., i _ . ..... :_-- ,...,. 3 , . . t , . . , , . .1. \- s i _ .4.' 4,,,,,,,- II P21 • co a r ` L. 'I r a. f- - tom. !1 I ' 1� a` -- RI t„. . • r t L CU I 1 ai . �. °_ t . ,, _ ; 1 r s� • A . 1 ff t "."ri y;. 't I. 4{' r -'1 r Iri,,lr'C' ill" i. f:r l 1.�� AA-611- • MEMORANDUM TO: Sara Adams, Community Development Department FROM: Cindy Christensen,APCHA Operations Manager DATE: April 19,2012 RE: Expansion and Addition of Non Mitigation Affordable Housing Unit Parcel ID#2735-123-08-002 ISSUE: The applicant is seeking approval for the expansion of an existing free-market duplex located at 831-833 West Bleeker, with an addition of one non-mitigation affordable housing unit and expansion of the floor area of one of the existing free market residential units. BACKGROUND: The duplex was constructed in 1987. One side contains 3,157 square feet of net livable area plus a two-car garage; the other side contains approximately 657 square feet. The proposed non-mitigation affordable housing unit is proposed to contain 401 square feet. The overall additional square footage for the redevelopment is 1,142. The additional 742 square feet of new construction would be added to the smaller unit for a total net livable of 1,399 square feet. The applicant is requesting to obtain a Certificate under the Affordable Housing Credit program. The unit would add a third unit to the lot; APCHA is unsure if zoning allows this as a permitted use. The applicant is requesting that the 401 square foot studio be deed-restricted as a Category 4 rental unit. Section 26.470.050(B)(6), under the Growth Management Quota System, "Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed restricted at any level of affordability, including Residential Occupied." The Aspen/Pitkin County Employee Housing Guidelines (hereinafter "Guidelines) contain minimum square footages for all categories. Category 3 and Category 4 studio units have a minimum square footage of 500 square feet. The proposed unit is 99 square feet smaller than the minimum net livable square feet stated in the Guidelines. The minimum net livable square feet for Category 1 and 2 studio units is 400 square feet; therefore, if the request is approved, the unit should be deed-restricted no higher than a Category 2. Although the Guidelines allow for a 20% reduction, APCHA would not support a reduction of the size in order to categorize the unit Category 4. DISCUSSION: The development of the property does not provide a 100% affordable housing project. Although it is not explicitly stated in Chapter 26.540, Certificate of Affordable Housing Credit, of the Land Use Code that Certificates can only be used for 100% affordable housing projects, it was staff's interpretation that in order to utilize the non-mitigation units for Affordable Housing Credit Certificates,the project had to contain 100%deed-restricted units. 831-833 W.Bleeker Referral Page 1 P23 Section 26.470.070, 4d), states that "The proposed units shall be deed-restricted as `for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. " The applicant is requesting to deed restrict the unit as a Category 4, rental unit. If the redevelopment is approved, Staff would recommend the unit be a "for sale", Category 1 or 2 unit and that the condominium documents reflect that any common area maintenance shall be assessed based on the actual values of the free-market versus the affordable unit. The Code requires three parking spaces (one for each unit), but the applicant will be providing six parking spaces —two in each garage and two surface parking spaces. One parking space shall be designated for the employee unit. RECOMMENDATION: The APCHA Board reviewed the application at their regular meeting held April 18, 2012. The APCHA Board is recommending denial of the request. Although Chapter 26.450, Certificate of Affordable Housing Credit, does not specifically state that the certificates are to be utilized for the creation of a 100% affordable housing project, Staff's understanding was that it was. The APCHA Board believed that this would be setting a precedent and could allow the single unit to sit empty or be used improperly, which is similar to the ADU and mandatory occupancy ADU program. In the APCHA Board's opinion, this type of an arrangement is almost guaranteed to create enforcement issues in the future. Enforcement on these types of single units would place a burden on the APCI-IA staff and is not in the best interest of the program. However, should the redevelopment be approved, the APCHA Board would request that the unit remain a "for sale", Category 1 or 2, studio unit. If the project is approved, certain conditions should be required. Listed below are the conditions that should be required broken down into whether the unit is a"for sale"unit or a rental unit: Sales Unit: 1. The unit shall be an ownership unit and sold through the Aspen/Pitkin County Housing Authority lottery system upon certificate of occupancy. 2. The applicant, upon Certificate of Occupancy, shall receive the use of 1.25 mitigation credits at Category 2 in the form of a Certificate of Affordable Housing Credit (CAHC). Such Certificate shall state the mitigation is for a Category 2, studio unit. 3. The unit shall be classified as Category 2. 831-833 West Sleeker Referral Page 2 P24 4. One designated parking space shall be provided for the employee unit. 5. The Certificate of Affordable Housing Credits shall be required to describe the dimensions of the affordable housing unit (studio) as well as the category, and shall be recorded with APCHA and with the Pitkin County Clerk and Recorder. 6. The condominium documents shall reflect that any common area maintenance shall be assessed based on the actual values of the free-market homes versus the deed-restricted unit. The condominium documents shall be reviewed and approved by APCHA prior to Certificate of Occupancy. 7. The deed-restricted unit shall receive the Certificate Occupancy prior to, or in conjunction with, the addition to the one free-market unit. Rental Unit: 1. If the unit is allowed to be a rental unit, the deed restriction shall require that all tenants are approved PRIOR to tenancy through APCHA and must re-qualify on a YEARLY basis, the tenant shall be no higher than a Category 2, and at such time the unit is found to be out of compliance for one year, the owner will be REQUIRED to provide cash-in-lieu fee for a Category 2, studio at 1.25 FTE's, at the amount stated in the Aspen/Pitkin County Employee Housing Guidelines at the time of the non-compliance and remove the unit. The unit must, upon removal of the deed restriction and payment of the fee, be removed as a separate unit. 2. The applicant, upon Certificate of Occupancy, shall receive the use of 1.25 mitigation credits at Category 2 in the form of a Certificate of Affordable Housing Credit (CAHC). Such Certificate shall state the mitigation is for a Category 2, studio unit. 3. The unit shall be classified as Category 2. 4. One designated parking space shall be provided for the employee unit. 5. The Certificate of Affordable Housing Credits shall be required to describe the dimensions of the affordable housing unit (studio) as well as the category, and shall be recorded with APCHA and with the Pitkin County Clerk and Recorder. 6. A document will be required to be signed by the owner that this deed restriction is being done on a voluntary basis and that the rental control of the unit is acceptable and required and will remain in perpetuity until such time a cash-in-lieu payment is made for a Category 2 studio unit at 1.25 FTE's and is based on the amount in effect at the time of payment. At such time, the deed restriction will be released and the unit shall be modified that it will no longer be a separate unit. 7. The rental deed restriction will be recorded with the following conditions: 831-833 West Bleeker Referral Page 3 P25 a. The use and occupancy of the Employee Dwelling Unit shall henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet the definition of"qualified Category 2 employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis. The Owner shall have the right to lease the Employee Dwelling Unit to a "qualified Category 2 employee" of his own selection. b. The Employee Dwelling Unit shall not be occupied by the Owner or members of the immediate family ("Immediate Family" shall mean a person related by blood or marriage who is a first cousin [or closer relative] and his or her children), unless the family member is a qualified employee and obtains approval by APCHA prior to occupancy. The unit shall at no time be used as a guesthouse or guest facility. c. Written verification of employment of employee(s) proposed to reside in the Employee Dwelling Unit shall be completed and filed with the Authority by the Owner of the Employee Dwelling Unit prior to occupancy thereof, and such verification must be acceptable to the Authority. d. The Employee Dwelling Unit shall be required to be rented for periods of no less than six (6) consecutive months. Upon vacancy of the Employee Dwelling Unit, the Owner is granted forty-five (45) days in which to locate a qualified employee. If an employee is not placed by the Owner, the Authority may rent the Employee Dwelling Unit to a qualified employee. e. The maximum rental rate shall not exceed the Category 2, studio, rental rate as set forth in the Rental Guidelines established by the Authority and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent for the unit on the date of execution of this deed restriction as stated in the Guidelines at the time the deed-restriction is recorded. Rent shall be verified and approved by the Authority upon submission and approval of the lease. Employees shall be qualified by the Authority as to employment, maximum income and asset limitations on a yearly basis. The signed lease must be provided to APCHA. f. The Unit must meet minimum occupancy; i.e.,one person per bedroom. g. Owner agrees to provide to APCI-IA upon request all information reasonably necessary to determine if there is full compliance with this Agreement. h. In the event that APCHA has reasonable cause to believe the Owner and/or tenant is violating the provisions of this Agreement, the APCHA, by its authorized representative, may inspect the Property or Affordable Housing Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours' written notice. The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violation to the Owner and/or tenant, as may be applicable, detailing the nature of the violation and allowing the Owner or tenant fifteen (15)days to cure. Said notice shall state that the Owner or tenant may request a quasi-judicial hearing before the APCHA Board 831-833 West Bleeker Referral Page 4 P26 pursuant to the Grievance Procedures of the APCHA Guidelines within fifteen(15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner or tenant shall be considered in violation of this Agreement. If a hearing is held before the APCHA Board, the decision of the APCHA Board based on the record of such hearing shall be final for the purpose of determining if a violation has occurred and for the purpose of judicial review. j. There is hereby reserved to the parties' hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall recover damages and costs, including reasonable attorney's fees. k. In the event an Affordable Housing Units is leased without compliance herewith, such lease shall be wholly null and void and shall confer no title whatsoever upon the purported tenant. Each and every lease, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. 1. In the event that the Owner or tenant fails to cure any breach, the APCHA may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring compliance by Owner and/or tenant. m. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any such provision shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Agreement or other document. n. This Agreement is to be governed and construed in accordance with the laws of the State of Colorado. o. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any part hereto except on the basis of a written instrument executed by the parties to this agreement. However,the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. P. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made in writing signed by both parties and recorded with the Clerk and Recorder of Pitkin County,Colorado. q. The terms and provisions of this Deed Restriction shall constitute covenants running with the title to the Affordable Housing Units as a burden thereon for the benefit of, and shall be specifically enforceable by, the Managing Agent, the Association and/or Owner, by the Housing Authority, the City of Aspen, Colorado, and by their respective successors and assigns, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non-qualified tenants. r. Lease agreements executed for occupancy of the Employee Dwelling Unit shall provide for a rental term of not less than six (6) consecutive months. A signed and executed copy of 831-833 West Bleeker Referral Page 5 P27 the lease shall be provided to the Authority by the Owner within ten (10) days of approval of employee(s)for the Employee Dwelling Unit. s. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates CRS 38-12-301. t. When the option to convert any unit to a sale unit is exercised, the owner must adopt a new deed restriction in the form adopted by APCHA that is applicable to sale units and if found to be out of compliance, must pay the appropriate Category 2 cash-in-lieu fee for 1.25 FTE's at the amount stated in the Guidelines in effect at the time of the non- compliance. 831-833 West Bleeker Referral Page 6 P28 1447.1.1._ Villas of Aspen Townhouse Association, Inc. 100 N. 8th Street Aspen, CO 81611 April 19, 2012 Mr. LJ Erspamer, Chair Aspen Planning and Zoning Commission City of Aspen Building Department 130 S. Galena Street Aspen CO 81611 Re: 831/833 W. Bleeker Street Dear Mr. Erspamer: The Villas Home Owners Association ( the "Villas") respectfully submits these comments with respect to a proposal submitted by Herbert and Marsha Klein for the property located at 831 W. Bleeker Street. The Villas comprises thirty six townhomes located at 100 N. 8th Street and the Klein property is directly across 8`h Street from the Villas. Herb Klein has been a neighbor for many years and in the past has represented the Villas in legal matters. We do however have concerns about the multiple variances he is now seeking as being plainly inconsistent with the neighborhood and with aspects of sound land use planning he has long advocated . We understand that the Kleins wish to develop the property, converting it from a duplex to a triplex and adding an affordable housing unit. They are also seeking a variance from the unit size cap. This association opposes all of the proposed changes. There is a long history in terms of zoning and approved population density of the block between 7th and 8th streets, and Sleeker and Main, where the subject property is located. That history is not only a guide to correct action now but also mandates denial of the proposal. When the Bavaria House, located at Bleeker and 7`h , was converted to affordable housing, interested parties including the Villas and Herb Klein, worked together with the City to set the density for the entire block in terms of the number of acceptable units and population at a moderate level. This was achieved in recognition that the block had two neighboring condominium complexes (the Villas and Bleeker Townhomes) as well as adjacent residences. The proper mix was achieved and the entire neighborhood thrives. The design of new affordable units was purposefully set with flat roofs to protect the view and sight lines from the Kleins' property. You may recall that log cabins were present on that block and at the insistence of Herb Klein a low profile design for new construction evolved. A height limit was established for those proposed dwellings. Subsequently, when an application was made to convert the Long property, located at the corner of 7th and Main, from residential to mixed use, the neighborhood again banded together, this time to defeat the application based on density and parking concerns. There was clear agreement that the use and density of the block was previously agreed upon between the 1 P29 City and the affected citizens. There was recognition that the prior Bavaria House affordable housing limit (including new units) was made based on the size and scale of all properties located on that block. No future variations were contemplated and none should be permitted. The City agreed and the rezoning application was denied. Those are two historical examples of proposals for land use in the same block as the present application. The same issues now reappear and while the argument may be advanced that the potential impact is small, we would point out that when the Bavaria affordable housing number for the block was set the Klein residence was a duplex. Also, trickle effect is important. Encroachment on settled parameters inevitably means more will follow. Stated differently, one variance invites another and over time the zoning map loses all meaning. The applicants do not explain why they are entitled to multiple variants in the face of this history. They cannot justify essentially doubling the number of residences on their property which is at odds of the density limit previously set and sustained by the City. Moreover, there is no recognition that since the denial of the Long property request, the City has eliminated available parking spaces on both 8th and Main streets. The issue of parking, that has always been a prime concern, would be put under more pressure by any increased density. In short, the established facts indicate that for the block in question, zoning and density have been settled and should not be revisited. There is an element of irony present in this situation. Herb Klein was a strong advocate and fought hard to get the density right when the Bavaria House was in play. He also protected his self-interest in terms of sight lines to insure that the scale of newly built housing was acceptable and consistent with the neighboring buildings. Herb clearly explained the potential error of the proposed rezoning of the Long property. All in all he got it right and the neighborhood was the beneficiary. Now that he wants to develop his property all of those concepts and principles have apparently been pushed aside. The P & Z should not allow this and should deny the application as plainly detrimental to his surrounding neighbors. Very truly yours, Ala 8•Slagoe Neil B. Siegel President Villas of Aspen Townhouse Association Cc: Sara Adams Community Development Department 2 • HERBERT S. KLEIN 831 W. BLEEKER ST. ASPEN, CO. 81611 970-925-8700 EMAIL: hsk @kcelaw.net April 25, 2012 Jennifer Phelan City of Aspen Community Development Department 130 S. Galena St. Aspen, Co. 81611 RE: 831-833 W. Bleeker Street Land Use Application Dear Jennifer, I am submitting this letter to briefly respond to certain statements made in the letter sent by the Villas of Aspen Townhouse Association ("Villas") dated April 19, 2012. I believe that the Villas may be operating under a misunderstanding about the scope of the proposed development of my property. The Villas letter states the application is "essentially doubling the number of residences on their property." This is not correct. This is what we are proposing: Existing Density: two (2) dwelling units. Unit A: 4 bedrooms, 3,157 square feet of Net Livable Area Unit B: 2 bedrooms, 657 square feet of Net Livable Area. New units of Density: One (1). A 401 sq. ft. studio apartment that will house one person, deed restricted as Affordable Housing. Number of Bedrooms: Before: six (6). After: six (6). Two of the existing bedrooms will be combined into one and we are counting the studio unit as one, so the number of bedrooms will not change. Net Livable Area After Development: Unit A: 2,952 sq. ft.. A reduction of 205 sq. ft.1 Unit B: 2,000 sq. ft. An increase of 1,343 sq. ft. Unit C: 401 sq. ft. An increase of 401 sq. ft. Parking- Providing more than the code requires and all on-site. 1 An existing bedroom from Unit A is internally being added to Unit B. The complaint about me seeking a variance to "exceed the unit size cap" is misleading. The variance is sought to recognize that the existing size of Unit A exceeds the recently adopted Code amendment limiting unit size in the RMF zone to 2000 feet of NLA. It does not seek development of additional footage that would exceed the cap. The Villas' complaint about parking impacts in the neighborhood is misplaced and somewhat self-imposed. All parking for my house is contained on- site. The parking in the neighborhood is a function of how many Villas and West Bleeker Place Townhome units are occupied by short term and long term tenants. There are active rental properties in both these projects that pack people in during the high seasons along with their rental cars. Comparing the impact of adding one person to my house to the development of the Bavarian Housing Project makes no sense. It is true that I opposed the original Bavarian proposal which was for 32 units with 62 bedrooms and involved the rezoning of the property. I supported the resulting project which contains 19 units consisting of 38 bedrooms and 4 studios. This density is appropriate. Heights were reduced to protect existing views. The Villas do not have any views that will be impacted by the proposed development of my property. It is also important to note that I am not seeking a rezoning.The proposed development is within the density allowed by the RMF zone and will allow my property to become more compatible with my multi-family neighbors. In summary,we do not believe that there will be any impacts to the neighborhood by the addition of housing for one person and expansion of the floor area of Unit B. Very truly yours, Herb Klein 2 L_ lim7m-.111T,:-..4 ,- ::::: ::11 _\`N h � i z // ` / __ -4. t• Za.' ,,, -P...,-.? C‘ ■ / W ft p m i• i l' 12 Z 1 WW ,..•,. ,...,, i 0 D ....... • ii- \ N, • W 0 . _. _,... ,,J, 7.i , . 1 1 I ;; ,- m . itip .,.. ,4. 1 em % , J /, n>-I I 1 ��1 1�1 'I - _ z O ; i _ > .� _~-.- _i w I1 ;i II ; 0 u~i - = . wu� II �o "� L _- w I w m m° -- I 4 1:V!ii; w w } z z: wow BLEEKER STREET 7-- PROPERTY LNE•-_ GRADE @97'-6" __ _ - - . UP -- �\ .. SETBACK LNE ' / . ® 1 C" I ENTRY DECK T.O. PLYWD 4 UNIT B @ 102'-3" 0' FRONT DOOR UP TO UNIT B H LIVING LEVEL T.O. PLYWD LLJ W 1 @ 106'-5" D PH TO 11111 ' GARAG I■I s C -1--N CO PARTIAL UPPER FLOOR LEVEL BLEEKER STREET GRADE @97-6" ___-, U P - \ J \ J . I 1 IN 1 H ENTRY 1 I W T.O. PLYWD I I a UNIT 15 @ 102' 3" i LLJ FRONT DOOR UP TO UNIT B 1 1 1 H LIVING LEV � I I -1-1 PLANTER ' UP TO U 1- B CO 1 tNTRY DOOR i I r''.----.._._1[____ UNIT B GARAGE GARAGE SLAB © 97-6" II UNIT A GARAGE GARAGE SLAB @ 97-6" PARTIAL GROUND FLOOR LEVEL Photos of Alle and Bavarian Housin: P1a Area . _ :a + '.2-5/. • *4 te. r ,rJA.. ff A 444 r • ( � � - �i• - , t r ' , "FF" t L♦ ' ki ' fl it 3 i j •-.Vitt ,-- . k T - _ . + ` t .v ♦. any •i- FLAW Tit•rt r t!. s of ` ! L ?i T awe L.. *.. % w. ...• <;`�, An,. � 1 A7p - - _ - .1'.` o.ag- 4t t ` w t 1 Kids Pla in: in the Alley � ' F ,4' 4 . ,: . ,,',1,,,. 1 I 1IIlA x ,: y 31 'f ill 1 i Ljr ...-7"t-, , , .1;;11:g x )7 itir - - - 2 NEIGHBORHOOD STREET FACING ELEVATIONS 8th Street ./,* t„ ,,---t i . , *m.k , ,,,,, ',.,1-. Aryi, .., ,,,,,,.. „:%,„:Fe • -24-60.4.,. IA J . r� �}1,4' It' y 7 c _ „..n. ---. - :-. , ',G . . ''l'-'•\7- -- - , ,.� i Bavarian Housin: Street Front Elevation on 8th Street 1.,,f, ; t, y, ,' ^ Ems, k -•.• "y • • + ,r .1'"-'.1 27 a, ham . •: F '- 3 Villa Of Aspen Townhomes 8TH Street Elevation Facing Subject , �'1A+E :Pt. 'r 07 i,,\ r ; !`fr t ��irk rt �f / -' -+ z !•1',.- l'''' 'J S. ft"• ,•a���l t !. ''wn_rsi r•dN� �" f ! ,v �i ,, .. r r t ill 4 ''''f0-.".1 I-.. �'• `.. t.. i's["g":, i _sY ,.. -. F.', ` t ff< I� I .Syi .•A �r�,'4,.` ' ±f. y ►.r4 * 3 2� . _.;0_f'. .3, 4_a. ` t ,'t 0..k < 1 • ■. �'�S - . .- .t;.-4.-.:-. . _-___. .. - '- i:-a . ,. -,: '4 oi-f. '' '' - ::':...: *.' 7 ., .. ._ 4.- \ i jr '. - '--- ", ... ',• k.,_.--, ,I. '-7;::-. .''0----l' ;:, ! .5 2. ...- E � 'i �� • y irillillegaLlie4-- - -sw I. ,fs , t �{rf. r. ti � --:-.2.---- - '-`,. ..,..,A-,.,......t...jor.„, . . ` - �'4/ ti k!...3:$ Y 1 1. 1i .. _ 1. .r1� ;i,F?* .�tf am' ' - siCa� iL f . * tis3 * 't �'lf'c' '7k' r v.? ., b IT., •A 4 a - .— i i` is .'�,^Y 11YP: .i t, 7 ' , '�� ?. _ .bra . :.:.4, `.i'.' s! '3'. 0411,1 4 : , -.• _ 4 t , .• . rt,a-- , ,...1 ... —.. -.7::• - , 1., ..4'1.- -.! . . ..•2'...L, rie,... ... .,-- •_,, . ,:....„.. L. _ . . ..,.,,....... .. ...„.„.„. ,kitI.,,, . . ...., • ..... - - r, ...- -.*!r,,., , ', ; ' f •• rt iI,:. t 4 SUBJECT—8TH STREET ELEVATION ' F% O { 14,y -'lit 7 ,t•.r .'�. iR , -"...V• N.•6j r tip .. V j rS ' `' � A is �. ` , - ''firs Ft iSo :Oil ',` kr-Ai.,..-,••• ,-'.,..,. ,:i.N/L4Q.... '--:"..-.4i..,;`).' •-...!"'4‘ . 1 ,,mY - _ ` r,r tss:• ..� ' 4 Jam.\,� , � ( b t. • I ant- I :c g f 'r • • "1;; i. } l ,J . ':.641..:4 4/r q t f ' . �f f i ..o ` l+ I . v iii •• ) 41.. . • g4f I I 1 1 S I' W.BLEEKER STREET NEIGHIORING PROPERTIES I W.BLEEKER ST. t 1 l i • ilr it. 7 ■ _ I a t 1 I I I:- ■ lrittlit ° a.l 1 6 W.BLEEKER PLACE TOWNHOMES—W. BLEEKER ST.—FACING SUBJECT 1 ' a ,t '"';''':; am '" F t Via. .N.,...`. ,,..et!' + � .1. , _ r y�_ J -....:,..„,4 � ..t � .1,5v,ii* ■ „+S 3 3. u"� 1.1-'- t ♦1?-� ' ,.'t 'ti 5a. .2 i ^ivy t a. �`_- 1, /i .4' 4 I` ti _ ..1 i s Z. .3. �• •��� o � � r / -, _ ---' I. - .. k��r• h . • • ,••� H I 4". I k., I c.._ i. le 3 cLi :-: M1 t• ■ •yes. j. 1s , ', f, .'1' .• I.' ni. f YLI:--,'L, 1 id t', Y. __ ,-, ._:..,..--,.- , '..!‘ , . li _ _ ._. - .... ,..,. o- f ' y •0/1•s{ ‘,..T'... _ .. � •), ` Waite. `17141. -v Rv ` r ,[ •,.4 y �r ., �. •.`fit l M1 Z .. .... i; t n I tiVt l�,,,,� , y •s• �I .: '� w•...- •t ft—..............—..—, ��... , :r, .Y.a 8 I BAVARIAN HOUSING-W.BLEEKER ST.-SAME SIDE OF STREET AS SUB ECT 'i} *:n , A y ,l - • .. Yr Lc s3 - xt , k..\ I ,-:�o , , AY '.• -. II .7,kt A . l i Y ( Y. ! 11, 4) w 'v+ ma . V� -•. 4: /• 'rwL yr, S , 1 ■ +fig' r ; r j _GTE ; . ��- r • s 9 SUBJECT—8TH STREET ELEVATION - lit t # ( ki r •M — t -.. - • - - ' •- ___ - 4 ESE \ I rna • } , 5`-. .. rk- .1i.-*;e". ',.1 \ ... , . z.'. : ,. • e ry I. ! ._ :Nt IIIrNiljiltx.... �yV • C 10 SUBJECT- UNIT B ENTRY AREA , • fir . + '� ' _w , w7 i i ti ?�i :' �'� 1•1t�{;.,ftr_ . �� - -yam. 4, t�l i.> ' ' -•„'' ' ;' a• . ■ 1;, mac - •- L'L•. _ yt ii,• ja- ••'J t• _ t lyr.• r i -- 41.41Y r 7r1 4,41P5. "17,(11' r F . . i ► 4 • '7. r I / �w ; r r' )1' r a-p 4 7 . � Ia y �� T .. f rte- t 11 ATTACHMENT 2—LAND USE APPLICATION ,.'=rEN PROJECT: ,.;,I;., Y iJEVELOFiMEMT Name: 831-833 W. Bleeker St. Expansion and Addition of Non-Mitigation Affordable Housing Unit Location: 831-833 N. Bleeker St Lots A.B.C. Block 12, City and Townsite (Indicate street address, lot&block number, legal description where appropriate) Parcel ID#(REQUIRED) 273512308002 APPLICANT: Name: Herbert $ Marsha Klein Address: 831 N. Bleeker St. , Aspen, CO 81611 Phone#: 970-925-8700 REPRESENTATIVE: Name: Herb Klein Stan Mathis Address: same as above Phone#: same as above TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review n Subdivision ❑ Conceptual SPA ❑ ESA-8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ( Small Lodge Conversion/ Expansion E. Residential Design Variance ❑ Lot Line Adjustment ® Other:Certificate of ❑ Conditional Use Affordable Housing Credit EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.) Existing Legal Free Market Duplex PROPOSAL: (description of proposed buildings, uses,modifications,etc.) Addition of one Non-Mitigation Affordable Housing Unit and Expansion of Existing Unit B Have you attached the following? FEES DUE: S 9,085.00 13 Pre-Application Conference Summary ® Attachment#1,Signed Fee Agreement IN Response to Attachment#3, Dimensional Requirements Form III Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. EXHIBIT a 0 9 APPLICATION FOR 831-833 W. BLEEKER ST. EXPANSION AND ADDITION OF NON-MITIGATION AFFORDABLE HOUSING INTRODUCTION This application seeks approvals for the expansion of the existing and legally established free market duplex residence located at 831-833 W. Bleeker St., Aspen, Lots A, B and C, Block 12, City and Townsite of Aspen. Parcel ID# 273512308002. The property is in the Residential Multi-Family (RMF) zone district. The redevelopment involves the addition of one non-mitigation affordable housing unit and the expansion of the floor area of one of the existing free market residential units. The duplex was constructed in 1987 in full compliance with the applicable zoning and building codes at that time. The two existing units will be referred to herein as Unit A (with the address of 831 West Bleeker Street) and Unit B (with the address of 833 West Bleeker Street). Unit A contains approximately 3157 square feet of net livable area, plus a two-car garage. Unit B contains approximately 657 square feet of net livable area. The proposed non-mitigation affordable housing unit (the "AH Unit") will contain 401 square feet of net livable area. The expansion involves the construction of 1142 square feet of new net livable area that includes 401 square feet of new construction for the AH Unit and 741 square feet of new construction added to Unit B. Thus, approximately 35% of the newly built net livable area is in the non-mitigation AH Unit. The existing improvements on the property are shown on the Improvement Survey, attached at Exhibit A. The general location of Units A and B and the area on the property where the new construction will take place is shown on Exhibit B (Sheet 1), attached. The location of the AH Unit, a new garage serving Unit B and the existing garage serving Unit A is shown on Exhibit C (Sheet 2), attached. No expansion of Unit A is proposed and some existing space from the upper level of Unit A will be made part of Unit B. This area is shown on Exhibit D (Sheet 3), attached. Lots A, B and C contain 9000 square feet of land on a corner lot bounded by W. Bleeker Street to the north, 8`h Street to the west, the Bavarian Housing project across an alley to the south and additional Bavarian units on the east. Neighborhood Description. A brief description of the neighborhood in which the property is located is helpful to an understanding of the compatibility of the project with its surroundings. The immediate neighborhood is on a block that lies westerly of South 7th street(HWY 82) that separates it from the townsite grid and the more traditional West End. The block is bounded by W. Main Street, 8th Street, W. Bleeker Street and S. 7th Street. Except for the subject property which is a legal duplex residence, and a single family residence at the corner of S. 7th Street and W. Main Street, all other development 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 1 on the block and across both W. Bleeker Street and 8`h Street are multi-family residential developments, including both free market projects (The Villas of Aspen and West Bleeker Place Townhomes) and the Bavarian Affordable Housing project. The single- family residence referred to above at the corner of W. Main and 7`h Street is owned by the City and slated for development as a multi-family affordable housing project. The subject property is underutilized relative to the neighborhood and will become more conforming as a result of the proposed improvements. Adding a third attached unit qualifies the property as multi-family which has an allowable floor area of 6,750 square feet for a 9,000 square foot lot with 3 units. The provision of this non- mitigation affordable housing unit is exempt from GMQS, assists in the community goal of providing affordable housing within the townsite and is fully compatible with the neighborhood. As a result of amendments to the City Land Use Code (the "Code") adopted after the construction of duplex in 1987, there are a few requirements that the property is not able to satisfy. None of these are problematic and the Code has provisions allowing them to be approved by variances that can be granted by the Planning and Zoning Commission and the City Council. They are Alley Access, Net Livable Area for existing Unit A and certain aspects of the Residential Design Standards. These are all addressed in more detail later in this Application. Process. Insofar as the process for this Application, Growth management review for the development of affordable housing is required by the Planning and Zoning Commission. Creating a multi-family residential use requires subdivision review by City Council with a recommendation from the Planning and Zoning Commission. The development of a voluntary affordable housing unit that meets the criteria listed in Section 26.470.070.4 (a — d) is eligible to apply for a certificate of affordable housing credit. The affordable housing unit must be category 4 or lower in order to qualify for the housing credit program. The Planning and Zoning Commission reviews the establishment of affordable housing credits. And as mentioned above, Design Standard review and certain variances are requested of the Planning and Zoning Commission and City Council, as necessary. Ownership and Authority to process this Application. The property is owned by Herbert S. Klein and Marsha L. Klein, (collectively, "Applicant") who occupy Unit A as their primary residence. Mr. Klein is an attorney and able to certify title and the authority to process this application on his and Mrs. Klein's behalf. Stan Mathis has provided architectural and planning assistance in the preparation of the application and is also authorized to act as a representative of the owner. A letter certifying title and proof of ownership and providing the consent of the Applicant to Mr. Mathis' representation is attached at Exhibit H. This application addresses the Aspen Land Use Code Sections indicated in the Pre-application conference summary, attached at Exhibit I and provides the code 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 2 sections, review criteria and responses to their requirements. In addition, a request for three (3)year statutory vested rights is also provided. A list of property owners located within three-hundred feet of the property is attached at Exhibit J. The City's Land Use Application forms are attached as follows: An executed application fee agreement is attached at Exhibit K. The Dimensional Requirements Form is attached at Exhibit N. The Land Use Application Form is attached at Exhibit O. A vicinity map is attached at Exhibit L. All pertinent supporting documents relating to the project (i.e., proof of ownership, etc.) are provided in the various exhibits attached to the application. While the applicant has attempted to address all relevant provisions of the Code and provide sufficient information to enable a thorough evaluation of the application, questions may arise which require further information and/or clarification. Such additional information will be provided upon request. APPLICABLE LAND USE CODE PROVISIONS PLEASE NOTE: CODE SECTIONS ARE IN ITALICS, RESPONSES ARE IN REGULAR FONT. SECTION 1. COMMON DEVELOPMENT REVIEW PROCEDURES 26.304 Common Development Review Procedures Sec. 26.304.030 B. Application. At a minimum, all development applications shall include the following information and materials. 1. Contained within a letter signed by the applicant, the applicant's name, address and telephone number and the name, address and telephone number of any representative authorized to act on behalf of the applicant. Please see attached Exhibit H. 2. The street address, legal description and parcel identification number of the property proposed for development 831-833 W. Bleeker St., Aspen, Lots A, B and C, Block 12, City and Townsite of Aspen. 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 3 Parcel ID#273512308002. 3. A disclosure of ownership of the parcel proposed for development, consisting of a current certificate from a title insurance company or attorney licensed to practice in the state, 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. Please see attached Exhibit H. 4. An 81/2"x 11"vicinity map locating the subject parcel within the City of Aspen. Please see attached Exhibit L. 5. A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. Please see attached Exhibits B, C and D. 6. A site improvement survey certified by a registered land surveyor, licensed in the state, showing the current status of the parcel including the current topography and vegetation. (This requirement or any part thereof may be waived by the Community Development Director if the project is determined not to warrant a survey document.) Please see attached Exhibit A. 7. A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application. This is provided herein. 8. Additional materials, documentation or reports as deemed necessary by the Community Development Director. N/A SECTION 2.NON-CONFORMING STRUCTURE (UNIT A) -VARIANCE FOR NLA LIMITATION. Sec. 26.312.030. Non-conforming structures. A. Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter. B. Normal maintenance. Normal maintenance to nonconforming structures may be performed without affecting the authorization to continue as a nonconforming structure. 831-833 W.Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 4 C. Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. The only non-conformity with respect to dimensional requirements pertains to the Net Livable Area ("NLA") of existing Unit A. A few years ago the City adopted zoning regulations imposing a 2000 square foot NLA limit on the size of condominium units in the RMF zone. The expansion of Unit B will satisfy this criteria, however, Unit A, as built in 1987, is in excess of this limit. An upper bedroom presently in Unit A will become part of Unit B and reduce its NLA by a few hundred feet. However, even after the reduction in its size, Unit A will have 2952 square feet of NLA. We do not perceive this as a problem because the Code allows for changes to a non-conforming structure so long as the non-conformity is not increased. In this case, no increase in the non- conformity is proposed and a decrease is proposed. As cited above, the applicable code section allows for the development proposed where it states: Sec. 26.312.030. C ...A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. Staff has recommended that a dimensional variance be obtained so that this non- conformity will be recognized and permitted to remain. The applicant does not believe that a variance is necessary because the Code allows the proposed development. However, without waiving the right to assert that such variance is not necessary, this Application seeks such a variance and the applicable Code provisions and responses to them for this variance are as follows: 26.314 Variances Sec. 26.314.010.Purposes. Variances are deviations from the terms of this Title which would not be contrary to the public interest when, owing to special circumstances or conditions, the literal enforcement of the provisions of this Title would result in undue and unnecessary hardship. Variances shall only be granted in accordance with the terms of this Chapter. Sec. 26.314.020.Authority. The Board of Adjustment, in accordance with the procedures, standards and limitations of this Chapter shall approve, approve with conditions or disapprove a development application for variances to the terms of this Title. If the application for a variance is part of a consolidated application process authorized by the Community Development Director pursuant to Subsection 26.304.060.8.1, the Planning and Zoning Commission or the Historic Preservation Commission may review the application for a variance using the standards and procedures set forth in this Chapter. It is requested that the necessary variance be granted by the Planning and Zoning Commission. This dimensional variance is authorized by the following section of the 831-833 W. Meeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 5 Code. Sec. 26.314.030.Authorized variances. Variances may only be granted from the following requirements of this Title 26: A. Dimensional requirements. Sec. 26.314.040.Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title; The variance requested is to allow existing Unit A to have a Net Livable Area ("NLA") in excess of the recently adopted limit of 2000 square feet of NLA for a condominium in the RMF zone. Unit A presently has 3157 square feet of NLA. One of its rooms will become part of Unit B and as a result Unit A will be reduced to 2952 square feet of NLA. Please see Exhibit D for the location of this space that will become part of Unit B. Denying the variance is contrary to the Code and AACP policies. The purpose of the NLA limitation is to encourage the development of"hot beds." In adopting this limitation, the City's concern was that new free market residential units that were larger in size could be purchased only by very wealthy second home owners who were likely to use the units only a few months of the year, thus reducing the vitality of the town and sales tax revenues. The thought was that smaller units would be more affordable and get more use. In addition, higher densities in the infill area mean that more of them are likely to be occupied at any given time and thus enhance vitality and sale tax revenues. These goals will be satisfied if the variance is granted. Unit A exists and has been the primary residence of a local working family. The neighborhood does not attract very wealthy second home owners. The neighborhood consists of multi-family condominiums that are both free market and affordable housing. Generally, they range in size from approximately 1500 square feet to approximately 2200 square feet. The fact that Unit A has some additional square footage is not going to make a difference in its actual use. It will be a modest sized family home even with 2952 square feet of NLA and will not attract a wealthy second home owner. The goal of the NLA restriction is to increase densities and by granting the variance, an underutilized duplex property will become multifamily and will add an affordable housing unit to the neighborhood. Clearly creating"hot beds." It would be ironic if this variance request was denied because to do so will reduce the potential density and what is now a duplex will have to remain a duplex instead of being able to be expanded to become a multifamily property. 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 6 If the variance is not granted, the property either must be demolished in order to reduce the size of Unit A or it must remain as a duplex and cannot add the AH Unit or expand Unit B. Demolition is not a viable option given the good condition of the improvements and the cost of demolition and waste of existing construction materials. The economics of creating an affordable housing unit and expanding Unit B as proposed do not warrant such wasteful action. To require that this property, in this RMF zoned neighborhood where all of the other properties around it are multi-family condominium projects, remain a duplex is inconsistent with the purposes, goals and objectives and policies of the AACP and this Title. In addition to the foregoing, there are other reasons as well: a. The community encourages the development of non-mitigation affordable housing. In addition to the many provisions of the AACP and the Code that require or encourage affordable housing, the City recently adopted a program to reward developers of non-mitigation affordable housing by allowing for the ability to obtain a certificate of affordable housing credit. This Application seeks such a certificate. b. The AACP and Code encourage development in areas within the infill area and where existing infrastructure exists. The location of the property is in an area developed exclusively with multi-family projects. All infrastructure exists and is available. The neighborhood is served by bus stops on Hallam Street(one block away) and on S. 7th Street(1/2 block away). A bike path runs along 8th Street at the west side of the property. c. The AACP and Code discourage the demolition of existing properties. The Code penalizes those who do not reuse constructed buildings. Maintaining the existing building instead of encouraging it to be demolished is consistent with this policy. d. Additional discussion of compliance with the AACP is found at Section 5 SUBDIVISION below. We incorporate by this reference, those provisions. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; As demonstrated above, the proposed development is a reasonable use of the property and the variance requested is the minimum necessary to allow for the use of the property as proposed. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 7 parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; All the other properties in the neighborhood enjoy multifamily status. As a duplex, the subject property is unique in the neighborhood and will be more conforming with the neighborhood if it is allowed to become multi-family. Unit A was built at a time when the NLA was allowed to be greater than 2000 square feet. The applicant developed the property lawfully and in full conformance with the rules at the time and will be penalized if the variance is not granted. Because the NLA restriction was adopted by the City, the reason for the variance is not the result of the actions of the Applicant. ;or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district. Again, without the variance, the subject property is penalized and cannot be used or developed as are the other properties in the neighborhood. No gain or advantage is sought over the other properties in the RMF zone district. Rather, the variance will allow the subject property to enjoy the same benefits as the other multi-family properties in the neighborhood. SECTION 3.RESIDENTIAL DESIGN STANDARDS—COMPLIANCE AND VARIANCE REQUESTS. 26.410.010.B.1 Residential Design Standards for Multi-family housing Residential Design Guidelines. The City adopted residential design guidelines after construction of the duplex. Due to the physical configuration of the existing building and the mature trees on the property, it is not feasible to comply with all of those that apply to multi-family buildings. The Applicant has done as much as possible to satisfy the guidelines and a variance is requested for the few elements that are not fully in compliance with the guidelines. Because Unit A is not being redeveloped and the proposed development involves expanding Unit B and adding the AH Unit, we will address the design guidelines as they pertain to Unit B and the AH Unit, except where the design guidelines state that somewhere on the exterior of the building "at least one" specified design element will be required(for example 26.410.040D.1). In such case, we may, if applicable, refer to an element on the exterior of Unit A as the complying element. Where a variance is needed for an"at least one"type design guideline, we will seek a variance for the one that requires the least degree of variation, even if it involves Unit A. Please note that Unit A is allowed to remain as a non-conforming structure and because none of its exterior features that are referred to in the Design Standards are being changed, it is exempt from 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 8 compliance with the Design Standards, however, to achieve compliance to the greatest degree possible and to avoid misunderstandings with the building department in their review of construction drawings, we request that either a variance be granted or a statement that such variance is not necessary be made where the existing elements are allowed for a non-conforming structure. In addressing those elements of the Design Guidelines that require variances, we wish to emphasize two points for your consideration that are also the primary factors that the Code establishes for determining variance requests: 1. The existing development pattern in the neighborhood is not at all consistent with the typical West End street grid. Please see Exhibit M which shows the existing layout and pattern of buildings in the neighborhood. The difference between this neighborhood and the nearby West End street grid is clearly shown. The Villas of Aspen street frontage on 8th Street is a landscaped parking lot. The exterior facades of the units are far from the street and are set at various angles. The West Bleeker Street Townhomes project has the rear, two-story portion of the units fronting on West Bleeker Street and the parking lot entrance is prominently in the center of the block. Both projects have parking lots visible from the street. The Bavarian Housing Project has various design elements facing on West Bleeker Street and also on 8th Street that do not follow many of the design guidelines. There are no other buildings on this block of 8th Street or West Bleeker Street other than the subject property and these three multi-unit condominium projects. 2. Because Unit A exists and the changes to its exterior(which involve adding space to Unit B and creating the AH Unit) do not involve any elements that are referred to in the design standards and given the constraints of the site, there are circumstances where strict application of the Design Guidelines may not be practical, feasible or aesthetically desirable. We will explain these where applicable below. We believe that the plans presented, even where variances are necessary, are fully consistent with the intent and purposes of the Design Standards and we are confident that you will agree that the proposed design of Unit B and the AH Unit are attractive and compatible with the neighborhood. The purpose of the standards for variances from the Residential Design Standards is to avoid a mechanical application of them when the above conditions exist. The variance criteria expressly anticipate the situation at hand. Those provisions state: 26.410.020. D. Variances. 2. Variances from the Residential Design Standards, Section 26.410.040, which do not meet this Section may be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Chapter 26.415. An applicant who desires to consolidate other requisite land use review by the Historic Preservation Commission, the Board of Adjustment or the 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 9 Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate and the deciding board shall find that the variance, if granted would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. As will be demonstrated below, the variances requested fit squarely into one or both of the two criteria for the granting of variances from the Design Standards. The following discussion tracks the applicable Residential Design Standards as organized in the Code and indicates those that are satisfied and those for which a variance is necessary along with an explanation of how the standards for the variance are satisfied. 26.410.010.B.1 Residential Design Standards for Multi family housing B.Applicability. Except as outline below, this Section applies to all residential development in the City requiring a building permit, except for residential development within the R-15B Zone District: 1. Only the following standards shall apply to multi family housing: Subsection 26.410.040.A.1, Building orientation, Paragraph 26.410.040.C.1.a,Access or, if not applicable, Paragraph 26.410.040.C.2.b, Garage setback and Subsection 26.410.040D, Building elements, as outlined in said Section for multi family buildings. 26.410.040.A.1, Building orientation 26.410.040. Residential design standards. A. Site design. The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "facade line"and defines the public and semi-public realms. In addition, where fences or dense landscaping exist or are proposed, it is intended that they be used to define the boundaries of private property without eliminating the visibility of the house and front yard from the street. 1. Building orientation. The front facades of all principal structures shall be parallel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 10 This standard is satisfied. Both street-facing facades are parallel to the intersecting Streets. Please see Exhibits E, F and a 26.410.040.C.1.a.Access or, if not applicable, C.2.b C. Parking,garages and carports. The intent of the following parking, garages and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages and carports on alleys or to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. 1. For all residential uses that have access from an alley or private road, the following standards shall apply: a. Parking, garages and carports shall be accessed from an alley or private road. There are two approved existing curb cuts providing access and parking for each of Units A and B, one is on W. Bleeker Street and one is on 8th Street. Several years ago, after the construction of the duplex was completed, the City adopted design guidelines and zoning amendments that encouraged access for parking and garages to be from alleys for properties with such access. Because the duplex was constructed before these guidelines were adopted, access for parking or a garage from the alley is not possible due to the presence of several large trees and the presence of the existing building which separates Unit B and the AH Unit from any possible access from the alley. Please see the attached survey at Exhibit A and the Site Plan at Exhibit B and note the location of existing improvements, landscaping and the narrow setbacks. Because of this existing condition, Unit B and the AH Unit do not have access to the alley and are treated in this application as a property without the ability to be served by an alley. Parking for Unit B and the AH Unit must be accessed from the streets and will utilize the existing curb cuts and parking areas. Access from the alley is impossible since on the east side of Unit A, there is only 5'+/- between the existing structure and the east property line and there is also a required window well in the 5' set back. The west side of Unit A fronts 8th Street and there arc mature trees in the backyard of Unit A and along 8th Street. Additionally, it is important to note that there is a playground for the children residing in the Bavarian Housing project that is directly on the alley along the rear of Unit A and the children play in the playground area as well as in the alley. Any additional vehicular traffic in the alley raises safety issues and contradicts the goal of minimizing pedestrian-vehicular conflicts. The alley is fairly constrained. In fact, cars backing out of existing parking stalls serving the Bavarian units often hit the fence that is along the rear property line of Unit A, necessitating the installation of a bumper along the backyard fence. Therefore, even if it were feasible to serve Unit B and the AH Unit from the alley (which it is not) such would not be a good outcome. We believe that no variance is 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 11 necessary since Unit B cannot be accessed from the alley, however, if you feel that a variance is necessary, we request that it be granted. Both criteria for a variance are present here. The most compelling is the impossibility of providing access for parking from the alley to Unit B and the AH Unit due to the existing site conditions. For this reason alone, it makes sense to treat Unit B and the AH Unit as not having access to an alley or if somehow you determine that there is such access, then it is appropriate to provide the variance. In addition, the conditions present warrant a variance from this standard "considering the context in which the development is proposed and the purpose of the particular standard.In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting." Both the Villas of Aspen Townhomes and the West Sleeker Place Townhomes are accessed from 8th Street and West Bleeker Street respectively since there is no alley. The Bavarian Housing Project has both alley access for parking and street access directly off of West Bleeker Street to its parking areas. The existing curb cuts for the subject property are across the street from the curb cuts for the Villas of Aspen Townhomes and the West Bleeker Place Townhomes. The curb cut for the Bavarian Housing Project is on Bleeker Street, approximately 110 feet to the East of the subject's existing curb cut on West Bleeker Street. Therefore, there is no pattern or context in the neighborhood warranting a strict application of a requirement to have parking access from the alley and there are no conficts with pedestrian usage since no new curb cuts are proposed. 26.410.040.C.2.b, Garage setback. 2. For all residential uses that have access only from a public street, the following standards shall be (sic) apply: b. The front facade of the garage or the front-most supporting column of a carport shall be set back at least ten (10)feet further from the street than the front-most wall of the house. The garage for Unit A exists and complies with this standard. It is set back approximately 15 feet further from the street than the front-most wall of the house facing 8th street. The garage for Unit B is accessed from West Bleeker Street and is set back approximately 5' 6" further from the street than the front-most wall of the house facing West Bleeker Street. Please see Exhibit E showing this elevation. We request that a variance be granted to allow this minimal difference. If the garage was set back 10 feet it would create an awkward recess in the building façade which, as presently designed, has a rhythm and symmetry that breaks up the ground level building elements and gives visual organization to the exterior of Unit B, the garage and the AH Unit. Because the 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 12 garage is recessed below an overhang from the floor above, it appears deeper than 5'6" and will appear to be recessed to approximately 8 feet. The physical location of Unit A limits the depth of the garage and it is already proposed to be setback as far as practical while remaining fully functional. Extending the front facade of Unit B or the AH Unit further to the North to create a greater depth for the garage is not possible because they are already at the setback line. Due to the use of the existing curb cut and the large trees everywhere else along the West Bleeker Street frontage, the garage for Unit B has to be located where it is as there is no other accessible location. The depth is limited by existing Unit A and compliance with the setbacks on West Bleeker Street. Its location is somewhat in the middle of the facade, to the west of the AH unit and to the east of the entry level of Unit B. Because all the parking in the neighborhood is on the surface and exposed, there is no neighborhood character of architecture to which the garage recess relates. In this circumstance, the overall architectural design and pattern should be considered rather than a rigid application of a numerical design standard. The intent stated in 26.410.040.A as: `The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent 'facade line"and defines the public and semi-public realms"is satisfied by the proposed architecture of this façade of Unit B and the AH Unit. Therefore the minor variance requested will allow for a pleasing and balanced design for the West Bleeker Street facing elevation of Unit B. Subsection 26.410.040D, Building elements. D. Building elements. The intent of the following building element standards is to ensure that each residential building has street facing architectural details and elements, which provide human scale to the facade, enhance the walking experience and reinforce local building traditions. 1. Street oriented entrance and principal window. All single-family homes and duplexes, except as outlined in Subsection 26.410.010.B.4 shall have a street- oriented entrance and a street facing principal window. Multi family units shall have at least one (1) street-oriented entrance for every four (4) units and front units must have a street facing a principal window. On corner lots, entries and principal windows should face whichever street has a greater block length. This section has two standards: 1) "at least" one street oriented entrance; and 2) front units must have a street facing a principal window—facing whichever street has a greater block length. The second standard is satisfied as both Unit A and Unit B have a principal window facing 8`h Street and West Bleeker Street respectively. 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 13 The first standard which calls for"at least" one street oriented entrance needs a minor variance for two of the street oriented guidelines in subparagraph b below. Under the standards, a street oriented entrance should have the following characteristics: a. The entry door shall face the street and be no more than ten (10)feet back from the front-most wall of the building. Entry doors shall not be taller than eight (8) feet. Because this is a corner lot, both entrances to Unit B and Unit A have an orientation to each street respectively. The existing structure has the front door for Unit A facing 8th street. This door is not more than 10 feet back from the front-most wall of the house and is not taller than 8 feet in height. This standard is satisfied. b. A covered entry porch of fifty (50) or more square feet, with a minimum depth of six (6)feet, shall be part of the front facade. Entry porches and canopies shall not be more than one (1) story in height. The covered entry porch for Unit A is 40 square feet with a depth of 4' and is not more than one story in height. The design and physical components of the existing improvements do not lend themselves to modification to achieve the additional 10 feet of square footage for the porch or 2 feet of depth. Therefore, a variance is requested for these two minor elements. As previously mentioned, the neighborhood does not have street oriented entrances and the existing site conditions limit the ability to fully meet this standard. Please see Exhibit G. A brief discussion of the entry to Unit B is appropriate so that you will understand why we suggest that the variance be granted for Unit A as the "at least one" street oriented entrance. Unit B, with an entry porch of 55 square feet and a depth of 6'1" meets the standard for the size and depth of the entry porch. However, because the living space is on the second floor, the entry must be more than one-story in height in order to reach the second floor. In addition, although the approach to the front door and steps leading up to it face West Bleeker Street, the front door itself, is perpendicular to West Bleeker Street. This is because of the physical limitations posed by the setback and height changes that are necessary to get to the second floor living space. As a practical matter, the extensive tree cover obscures the much of the entry to Unit B from West Bleeker Street. Since these Design Standards are of the"at least one"variety, a variance for either Unit A's or Unit B's entry is necessary. We believe the variance requested for Unit A involves a bit less variation from the standards than those for Unit B. Please see Exhibit F. 2. First story element. All residential buildings shall have a first story street- facing element the width of which comprises at least twenty percent (20%) of the building's overall width and the depth of which is at least six (6)feet from the wall the first story element is projecting from. Assuming that the first story element 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 14 includes interior living space, the height of the first story element shall not exceed ten (10)feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded. This is an "at least one" standard since it states "All residential buildings shall have a first story street facing element..." For Unit A, the first story faces 8th street and comprises at least twenty percent (20%) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. However the roof over the entry slopes upward from north to south with the plate height at the north side of the element at 8' and the plate height to the south rising to 13'. A variance for this standard is necessary. Viewing this elevation at Exhibit G reveals the varied nature of the front facade that faces 8th Street. The overall impression captures the one-story concept and aesthetically satisfies this standard. The façade of Unit A is partially one story for more than 20% of the building's overall width and the two story elements are recessed behind the one-story façade. Unit B is not able to meet this standard, so it cannot be the "at least one" elevation. The existing portion of Unit B is located on the second floor above the existing garage that serves Unit A. The expanded portion of Unit B must have its living space on the second floor in order to provide parking on the ground level. The standards for a variance recognize that the neighborhood context is given great weight. The Bavarian Housing project's townhouse units that are along 8`h Street to the south of Unit A and which share the same street orientation, are all 3 story attached townhomes without any one-story element. The Villas of Aspen Townhouses are across 8th Street from the subject property and have landscaping and a parking lot facing 8th Street. The West Sleeker Place Townhomes across the street to the north, present their two story rear elevations to the street. The architecture of the subject is harmonious with its setting, comes very close to fully satisfying the one-story element standard as it clearly "reads" as being one-story. The minor variance for this standard is appropriate. 3. Windows. a. Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. All windows for Unit B and the AH Unit satisfy this standard. The windows of Unit A that face 8th Street generally satisfy this standard except for the two narrow windows to the south of the entry door that frame the fireplace on the interior. Because Unit A exists and is not being changed on this elevation, it is allowed to remain as a non- conforming structure and does not have to comply with this standard. 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 15 b. No more than one (I) nonorthogonal window shall be allowed on each facade of the building. This standard is satisfied. 4. Lightwells. All areaways, lightwells and/or stairwells on the street facing facade(s) of a building shall be entirely recessed behind the front-most wall of the building. This standard is satisfied. SECTION 4. DEVELOPMENT OF NON-MITIGATION AFFORDABLE HOUSING AND CERTIFICATE OF AFFORDABLE HOUSING CREDIT. Sec. 26.470.070.Minor Planning and Zoning Commission applications. 4.Affordable housing. The development of affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. The Ali Unit will be a studio with 401 square feet of Net Livable Area. This satisfies the APCHA Guidelines for Minimum Net Livable Square Feet. All other relevant requirements for the kitchen and bathroom will be satisfied. c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. (Ord. No. 14—2011, §3) The All Unit will be 100% above grade. d The proposed units shall be deed-restricted as 'for sale"units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 16 owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The AH Unit will be a rental unit and an agreement satisfactory to the City Attorney will be entered into with the City that indicates this is being voluntarily provided and subject to the rent limitations established for the selected category. e. Non-Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such non-mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. (Ord. No. 6 —2010, §4) The AH Unit is voluntarily being provided and as such is "Non-Mitigation Affordable Housing."A Certificate of Affordable Housing Credit is sought as described in the following section of this Application. 26.540 Certificate of Affordable Housing Credit 26.540.030 Application and fees. All applications shall include the information required under Chapter 26.304, Common Development Review Procedures.In addition, all applications must also include the following information. A. The net livable square footage of each unit. The AH Unit will be a studio with 401 square feet of Net Livable Area. This satisfies the APCHA Guidelines for Minimum Net Livable Square Feet. B. If applicable, the conditions under which reductions from net minimum livable square footage requirements are requested according to Aspen Pitkin County Housing Authority Guidelines. No reduction is requested. C Proposed category of each unit. It is proposed that the AH Unit be a Category 4. Pursuant to Sec. 26.470.050.B.6 "Affordable housing units that are being provided absent a requirement ("voluntary units') may be deed-restricted at any level of affordability, including residential(sic) occupied " D. Proposed Full-Time-Equivalents housed by the units in increments of no less than five- one-hundredths (05). (Ord. No. 6-2010, §5) The AH Unit, as a studio, will provide 1.25 FTE. (See Sec. 26.470.100 A.2). 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 17 26.540.040 Review criteria for planning and zoning commission A Certificate of Affordable Housing Credit may be established by the Planning and Zoning Commission,pursuant to the adoption of a Resolution, if all of the following criteria are met: A. A Certificate of Occupancy has been issued for affordable housing units that have been deed-restricted subsequent to the adoption of Ordinance No. 6, Series of2010, and pursuant to the requirements of Section 26.470.070.4(a-d). Satisfaction of this requirement will be a condition of issuance of the Certificate. B. The affordable housing units are not for the purpose of mitigating impacts of development, or a requirement or obligation of a Development Order. The AH Unit is a non-mitigation unit and satisfies this requirement. C. A recommendation of the Aspen Pitkin County Housing Authority Board of Directors has been made, establishing the number of Full-Time-Equivalents (FTEs) accommodated by the affordable housing units, pursuant to Affordable Housing Guidelines, as amended. (Ord. N. 6-2010, §5) It is requested that APCHA provide the recommendation as part of its referral response to this Application. The FTE's are established by the Code as being 1.25 FTE fora studio. (See Sec. 26.470.100 A.2). SECTION 5. SUBDIVISION. The purpose of Section 26.480, Subdivision, of the Code includes ensuring"the proper distribution of development" and encouraging"the well planned subdivision of land by establishing standards for the design of a subdivision." The proposed development involves the addition of one new non-mitigation affordable housing unit to an existing free-market residential duplex, thus creating a multi-family building. Accordingly, subdivision approval is required pursuant to Section 26.480.050 of the Code even though it is not a traditional subdivision in the sense of dividing land areas into separate interests. The procedures for review of a subdivision request involve obtaining a recommendation from the Planning and Zoning Commission before proceeding to City Council for a final decision. 26.480 Subdivision Sec. 26.480.050.Review standards. 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 18 A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. The previous sections of this Application have addressed compliance with the AACP. In order to minimize redundancies in the Application,please see the AACP discussion in Section 2 where variances are addressed. We incorporate by this reference, those provisions. In addition, the following is provided: In the"Managing Growth" section of the AACP, the stated community goals include: "Provide for a `critical mass' of permanent local residents by providing a limited number of new affordable housing units within the Aspen Community Growth Boundary." The proposal includes a new non-mitigation affordable housing unit that will house 1.25 FTE within the Aspen Infill Area. "Contain development within the Aspen Community Growth Boundary..." As explained above, the proposed redevelopment site is not only within the Urban Growth Boundary, but also within the Aspen Infill Area. "Foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." The proposed development includes a mix of free market and affordable housing. The project site promotes the use of transit and a pedestrian friendly lifestyle; it includes a walking and bicycle path adjacent to the property and RFTA bus stops within 1/2 block of the property. The Intent of the AACP's "Transportation" section provides that: "The community seeks to provide a balanced, integrated transportation system for residents, visitors, and commuters that reduces congestion and air pollution. Walking, bicycling and transit use is promoted to help us reach that goal." As explained above, the project's location promotes the use of transit and a pedestrian friendly lifestyle. 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 19 With regard to the "Housing" section of the AACP, the stated community goals include the following: "The public and private sectors should work together to ensure success in providing affordable housing." A similar goal seeks to "Encourage greater participation by the private sector in developing affordable housing." The Application is from the private sector and will be providing one new non- mitigation affordable housing unit. "New affordable housing projects should reinforce and enhance a healthy social balance for our community and enhance the character and charm of Aspen." The proposal not only reinforces the social balance sought by this goal statement but enhances it as well. The proposal integrates free market residences with an affordable residence within one building, as next-door neighbors. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. As discussed in detail in the previous sections of this Application, the proposed development is fully consistent with the character of the neighborhood and approval of this proposal will make the property more consistent with the neighboring uses. All of the neighboring uses are multi-family condominiums, e.g., exactly what is being proposed. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. The creation of multi-family units will not have any adverse affect on future neighborhood development. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. This Application seeks all approvals necessary for the development to fully comply with all provisions of the Code. As discussed in the preceding sections of this Application, certain variances are requested so that the resulting development will conform with the Code as allowed by such variances. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because offloading, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 20 The land upon which the building is located is not subject to any natural hazards, is a flat, developed lot and has no conditions that are harmful to health, safety or welfare of anyone. 2. Spatial pattern efficient The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. The spatial pattern is very efficient, utilizes the undeveloped portion of an existing property and requires no utility extensions or public costs. C.Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas and/or the goals of the community. 2. The applicant shall sped each design standard variation requested and provide justification for each variation request,providing design recommendations by professional engineers as necessary. The proposed development does not involve new streets, utility extensions or public improvements. The "subdivision"activity is simply creating a multi-family property by adding one non-mitigation affordable housing unit and condominiumizing the property into three separate legal interests. All relevant engineering standards will be satisfied. D.Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement housing program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. The only new dwelling unit is a non-mitigation affordable housing unit and satisfies the above requirements. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Applicable school land dedications will be provided by cash-in-lieu. Calculations shall be undertaken at the time of building permit application. 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 21 SECTION 6. OFF-STREET PARKING The subject property is in the Aspen Infi ll Area. The RMF zone district regulations state at Sec. 26.515.030. Required number of off-street parking spaces. Residential—Multi-Family (as a single use). One space per unit. Fewer spaces may be approved,pursuant to Chapter 26.430, Special review and according to the review criteria of Section 26.515.040. Although the Code requires just three (3) parking spaces (one for each unit), there will be six (6) on-site parking spaces provided. Two in each garage and two surface parking spaces. Please see the site plan at Ex. C for the location and dimensions of the spaces. 26.515 Off-street Parking B. Requirements for expansion/redevelopment of existing development. No development shall reduce the number of existing off-street parking spaces below the minimum number of existing spaces required herein for that development, unless expressly exempted by this Chapter. If existing development is expanded, additional off-street parking spaces shall be provided for that increment of the expansion as if it is a separate development. An existing deficit of parking may be maintained when a property is redeveloped. There is no parking deficit associated with the subject property. 26.515.020. Characteristics of off-street parking spaces. A. General Each off-street parking space shall consist of an open area measuring eight and one half(81/2)feet wide by eighteen (18)feet long and seven (7)feet high with a maximum slope of twelve percent (12%) in any one direction. Each parking space, except those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. Off-street parking provided for multi family dwellings which do not share a common parking area may be exempted from the unobstructed access requirement subject to special review pursuant to Chapter 26.430, Special review and the standards set forth at Section 26.515.040, Special review standards, below. Off-street parking must be paved with all weather surfacing or be covered with gravel. For residential development, a grass ring or grass-paver-type surface may be used. All parking shall be maintained in a usable condition at all times. Please see Exhibit C for location and dimensions of the parking spaces. The spaces comply with the dimensional standards and have unobstructed access to the street from each parking space and will be either paved or have a gravel surface. B. Location of off-street parking. Off-street parking shall be located on the same parcel as the principal use or an adjacent parcel under the same ownership as the 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 22 lot occupied by the principal use. For all uses, parking shall be accessed from an alley or secondary road, where one (I) exists unless otherwise established according to this Chapter. This requirement is satisfied. Please see Exhibit C for location of the parking spaces. As demonstrated in the discussion concerning variances in Section 3 above, Unit B and the AH Unit are not served by an alley. SECTION 7. CALCULATIONS AND MEASUREMENTS 26.575.020 Calculations and Measurements This section of the Code has many provisions that are not applicable to this property. The development will comply with all applicable provisions and requirements. Those that appear to be the most relevant are addressed as follows: C. Measuring Net Lot Area. The property is a flat parcel made up from three townsite lots and contains 9000 square feet. There are no slopes, water features or easements that affect the property. Therefore, the entire 9000 square feet is included. D. Measuring Floor Area. The RMF zone district allows for 6750 square feet of allowable floor area ("FAR'). The proposed development will not exceed this amount. 7. Garages and carports. In the RMF zone, 250 square feet of garage space per unit is exempt when there is no access to an alley. There will be three (3)units on the property, therefore, 750 square feet of the garage space will be exempt. 8, Subgrade areas. No new subgrade areas are proposed. Unit A has some finished basement space that will be calculated as required by the Code. E. Measuring Setbacks. The RMF zone allows for five(5) foot setbacks. The existing building and the new construction will comply with this requirement. 5. Allowed Projections into Setbacks. The new construction will have allowed projections of overhangs into the setback, not to exceed the allowed 18 inches. It will also have an allowed projection for a walkway and steps leading to the entry of Unit B that will not exceed the allowable 30 inch grade change per subsection k. 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 23 F. Measuring Building Heights. The RMF zone allows for heights as follows: 7. Maximum height (according to density) (feet): a. Detached residential and duplex dwellings: same as R-6 Zone District. b. Multi family—parcel density less than one (1) unit per one thousand five hundred(1,500) square feet of Gross Lot Area: twenty-five (25). The new construction will satisfy this limitation. The existing building is at the heights allowed and its height will not be exceeded by the new construction. J. Measurement of Net Livable Area. The Application has referred to Net Livable Area in certain of its sections. It has been calculated as defined in subsection J. SECTION 8. RESIDENTIAL MULTI-FAMILY (RMF) ZONE DISTRICT STANDARDS. 26.710.090 Residential Multi-Family(RMF)Zone District. 26.710.090. Residential Multi-Family (RMF). B. Permitted uses. The following uses are permitted as of right in the Residential Multi- Family (RMF) Zone District: 1. Detached residential dwelling. 2. Two (2) detached residential dwellings. 3.Duplex dwelling. 4. Multi family dwellings. 5. Home occupations. 6.Accessory buildings and uses. 7. Dormitory. 8. Accessory dwelling units and carriage houses meeting the provisions of Chapter The proposed multi-family development is an allowed use. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Residential Multi-Family (RMF) Zone District: 1. Minimum Gross Lot Area (square feet): six thousand(6,000). For lots created by Paragraph 26.480.030.A.4, Historic landmark lot split: three thousand (3,000). The property has 9000 square feet of Gross Lot Area. 2. Minimum Net Lot Area per dwelling unit(square feet): Multi family dwellings:No requirement. 831-833 W.Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 24 3. Minimum lot width (feet): sixty (60). The parcel is 90' x 100 feet. 4. Minimum front yard setback(feet): b. Multi family:five (5). 5. Minimum side yard setback(feet): b. Multi family:five (5). 6. Minimum rear yard setback (feet): b. Multi family:five (5). All of the above setback limitations are satisfied. 7. Maximum height(according to density) (feet): Multi family—parcel density less than one (1) unit per one thousand five hundred (1,500) square feet of Gross Lot Area: twenty-five (25). The property will have a density of less than one unit per 1500 square feet of Gross Lot Area and thus will satisfy the 25 foot height requirements. 10. Floor area ratio (FAR). c. Multi family —parcel density of less than one (1) unit per one thousand five hundred(1,500) square feet of Gross Lot Area: 0.75:1. The property is 9000 square feet in size and thus has an FAR of 6,750 square feet. 11. Maximum multi family unit size (square feet): For properties in the Aspen infill area, two thousand(2,000)square feet of net livable area. For properties outside the Aspen infill area, two thousand five hundred(2,500) square feet of net livable area. Unit A does not meet this standard as it will have 2952 square feet of NLA. It is the Applicant's position that this standard is not applicable or should be deemed satisfied because Unit A is an existing non-conforming structure and as such is allowed to be developed so long as the non-conformity is not increased. Unit B and the AH Unit will satisfy the 2000 square feet NLA limitation. This is discussed in detail in Section 2 above. A variance from this standard has been requested for the existing Unit A if deemed necessary. SECTION 9. VESTED RIGHTS. In order to preserve the land use approvals that may be obtained as a result of this application, the applicant hereby requests vested property rights status pursuant to the provisions of Chapter 26.308 of the Code. Final approvals of the proposed development must be granted by separate Resolution of the P&Z, and Ordinance of the City Council. It is also understood that no specific submission requirements, or review criteria other 831-833 W.Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 25 than a public hearing, are required to confer vested rights status. It is requested that each approval resolution and ordinance include vested property rights. The applicant requests vested rights be granted for the statutory three (3)years. For the foregoing reasons, the undersigned respectfully requests that the approvals and variances requested are granted. Applicant: Date: March 14, 2012 Herbert/S. Klein 831-833 W. Bleeker St. Expansion and Addition of Non-mitigation Affordable Housing Application Page 26 HERBERT S.KLEIN, ESQ. 201 N. MILL ST. #203 ASPEN, CO. 81611 970-925-8700 email: hsk @kcelaw.net March 9, 2012 VIA HAND DELIVERY Sara Adams Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 Re: Land Use Application for 831-833 W. Bleeker St. Expansion and Addition of Non- Mitigation Affordable Housing—Title Certification and Authorization for Representation. Dear Ms. Adams, This letter provides the undersigned attorney's certification of title and also the consent of the undersigned, as owner of the subject property,to designate a representative. I. Title Certification. The undersigned attorney hereby certifies as follows: The legal description of the property that is the subject of this application is Lots A,B, C,Block 12, City and Townsite of Aspen. The street address is 831 and 833 W, Bkeejer Street Aspen, Co., 81611. The Parcel ID number is; 273512308002. Title to the property is in the names of Herbert S. Klein and Marsha L. Klein, whose address is 831 W. Bleeker St., Aspen, Co. 81611. Phone: 970-925-8700. The property is subject to a first deed of trust in favor of PHH Mortgage Company and a second deed of trust in favor of Wells Fargo National Bank. There are no holders of mineral rights and there are no easements for the benefit of third parties. II. Designation of Representative. The undersigned owner has authorized Stan Mathis, Architect,to represent him in the processing of this application. Mr. Mathis' contact information is as follows: EXHIBIT F H Stan Mathis 7515 Coal Creek Circle Colorado Springs, Colorado 80911 719.390.6065 719.391.8199 Fax 970.618.6636 Cell pmbaddogs(gmail.com If you have any questions, please feel free to contact me at the address above. Very truly yours, Herbert . Klein 2 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams,429-2778 DATE: 1/10/12 PROJECT: 831 West Bleeker Street REPRESENTATIVE: Herb Klein, hsk@kcelaw.net DESCRIPTION: The prospective applicant is interested in attaching a voluntary affordable housing unit to the existing duplex at 831 West Bleeker Street. The subject property is an existing legally established duplex on an approximately 9,000 square feet lot that is zoned Residential Multi-Family(RMF). Adding a third attached unit qualifies the property as multi-family which has an allowable floor area of 6,750 square feet for a 9,000 square foot lot with 3 units. Growth management review for the development of affordable housing is required by the Planning and Zoning Commission. Creating a multi-family residential use also requires subdivision review by City Council with a recommendation from the Planning and Zoning Commission. The subdivision review criteria require the proposed subdivision to be in compliance with all applicable requirements of this Title." This means that the 3,000 square feet unit on the property must meet the required 2,000 square feet net livable size cap (which can be increased to 2,500 square feet by landing a TDR) in the RMF zone district. A dimensional variance may be requested of the Planning and Zoning Commission to allow the existing 3,000 square feet unit to exceed the unit cap for multi-family residential units. The development of a voluntary affordable housing unit that meets the criteria listed in Section 26.470.070.4 (a— d) is eligible to apply for a certificate of affordable housing credit. The affordable housing unit must be category 4 or lower in order to qualify for the housing credit program. The Planning and Zoning Commission reviews the establishment of affordable housing credits. Changes to the exterior require compliance with the Residential Design Standards or a request for variances from the Planning and Zoning Commission. Multi-family housing is not required to meet all of the Design Standards. See Section 26.410.010.B.1 for the applicable Design Standards. The reviews may be consolidated as follows: Step One: Planning and Zoning Commission Review: Growth Management for the development of Affordable Housing, Dimensional Variance to exceed the unit size cap, Establishment of a Certificate of Affordable Housing, Residential Design Standard Variances,recommendation of Subdivision to City Council Step Two: City Council Subdivision Review The land use application is found here: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2011%201and%20use%20app%20for m.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.314 Variances 26.410.010.B.1 Residential Design Standards for Multi-family housing 26.470.070.4 Growth Management for the Development of Affordable Housing 26.480 Subdivision 26.515 Off-street Parking 26.540 Certificate of Affordable Housing Credit ► EXHIBIT b I 3 26.575.020 Calculations and Measurements 26.710.090 Residential Multi-Family(RMF)Zone District Review by: -Staff for complete application -P&Z for RDS variances, GMQS, dimensional variances, Certificate of AH reviews and Subdivision recommendation -City Council for subdivision Public Hearing: At Planning and Zoning Commission and City Council. Planning Fees: $7,560 deposit for 24 hours of staff time (additional staff time required is billed at$315 per hour) Referral Fees: Engineering ($265/hr), Housing ($1,260 flat fee). Total Deposit: $9,085. Total Number of Application Copies: 10 for P&Z and 10 for City Council =20 total To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name,address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. 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. 4. Completed Land Use Application. 5. Pre-application Conference Summary. 6. Letter authorizing owner representation. 7. Site improvement survey. 8. Proposed elevations, floor plans, site plan. 11. All other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format(number of copies noted above). 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. Easy Peel®Labels I • 111110.1 Bend along line to 1 0 AVERY® 5160® Use Avery®Template 5160® 1 Feed Paper expose Pop-Up EdgeTM 1 A AARONS MARTHA REV TRUST ARETZ REALTY INC ASPEN COLORADO LLC 2221 TUDOR DR 4725 S MONACO ST#330 100 N 8TH ST#5 CLEVELAND HEIGHTS,OH 44106 DENVER, CO 80237 ASPEN, CO 81611 ASPEN SQUARE CONDO ASSOC INC ASPEN VILLAS CONDO ASSOC INC ATKINSON SUZANNE E 617 E COOPER SHERMAN&HOWARD LLC 100 N EIGHTH ST#19 ASPEN, CO 81611 201 N MILL ST#201 ASPEN, CO 81611 ASPEN,CO 81611 BACOS AISHA BAVARIAN INN CONDO ASSOC BELL MOUNTAIN TRUST 107 N SEVENTH ST 1000 S MILL ST PO BOX 2792 ASPEN, CO 81611 ASPEN,CO 81611-3800 ASPEN, CO 81612 BERGER BRUCE NICOLAS TRUST BLAU SYLVIA BLOCK COLLEEN JPMORGAN CHASE BANK TRUSTEE 1 GROVE ISLE DR#410 411 N RIVER RD#3406 PO BOX 482 MIAMI, FL 33133 FORT LAUDERDALE, FL 33301 ASPEN, CO 81612 BRITTINGHAM JOHN SHELBY BROWN ALBERT L JR QPRT BRUFF SHERLYNNE GUEST 100 N 8TH ST#22 1767 E MCMILLAN ST 1245 OLD TALE RD ASPEN, CO 81611 CINCINNATI, OH 45206 BOULDER, CO 80303 BRUNT FAMILY LTD PARTNERSHIP BUDD MARTIN &AVIVA CHRISTIAN SCIENCE SOCIETY 3814 CROWN BAY#8 215 OCEAN DR WEST ASPEN/SNOWMASS INC ST THOMAS VIRGIN ISLAND 00802, STAMFORD, CT 06902 734 W MAIN ST ASPEN, CO 81611 CITY OF ASPEN COX BRANDON CROSSETT JENNIFER A ATTN FINANCE DEPT FERTIG DALE M MURRY SHAWN P 130 S GALENA ST 1009 S E 2ND ST 1333 E 3RD AVE ASPEN, CO 81611 FORT LAUDERDALE, FL 33301 DENVER, CO 80218-3906 DEES DANIEL& DAUN DIAZ MIGUEL A EIDSON JOY REV TRUST 50% 42 ISLAND ROAD HOUSE E 107 N SEVENTH ST #201 EIDSON ARVIN WAYNE REV TRUST 50% DEEPWATER BAY ASPEN,CO 81611 PO BOX 271 HONG KONG, SULPHUR, OK 73086 ENGELMAN TOM ESPOSITO DANIEL E ESTRELLA RIDGE LLC SHEAN JOHN 6179 S BALSAM WAY#100 4048 RANCH RD 1320 107 N 7TH ST#203 LITTLETON, CO 80123 JOHNSON CITY,TX 78636 ASPEN,CO 81611 FARRELL PATRICK G FELDMAN BARBARA S&CHESTER ERASER KRISTINA B&GOLDSTEIN PO BOX 12160 PO BOX 8193 JEFFREY S ASPEN, CO 81612 ASPEN, CO 81612 1025 S RACE ST DENVER, CO 80209 EXHIBIT J Etiquettes faciles a peter ; Repliez a la hachure af in de 1 www. a Sens de Utilisez le gabarit AVERY®5160® 1 chargement reveler le rebord Pop-UpTm 1 1-800- 9 Easy Peel®Labels i • S Bend along line to 1 C\ AVERY® 5160® Use Avery®Template 5160® j Feed Paper expose Pop-Up Edger" I A GELLER SCOTT GIBANS JONATHAN GREENBERG RICHARD&EILEEN 4755 SUMMERLIN RD#1 100 N 8TH ST UNIT 1 2151 ROCKCRESS WAY FORT MYERS, FL 33919 ASPEN, CO 81611-3145 GOLDEN, CO 80401 GRIFFIN RIDGE LLC H & M REALTY LLC HARPER DONNA M REV TRUST C/O H FROEHLICH/NORTHERN TRST 814 W BLEEKER ST#C2 3 BAYBROOK PLACE 16475 DALLAS PKWY#100 ASPEN, CO 81611 BELLEAIR, FL 33756 ADDISON,TX 75001 HARRIS AMY RANAE HART SAMANTHA KELLY HATCH DEBORAH SMITH REV TRUST 102N EIGHTH ST 816W MAIN ST 50% ASPEN, CO 81611 ASPEN, CO 81611 PO BOX 12366 ASPEN, CO 81612 HEISLEY MICHAEL E TRUSTEE HOOK BRADLEY K&PAMELA D HULL LESLIE C/O K J LONG 782C NORTH KALAHEO 107 N 7TH ST#103 2004 DIANA DR KAILUA, HI 96734 ASPEN, CO 81611 MENDOTA, IL 61342 KELLEY JENNIFER E KELLY EDWARD B&TANIA M KENNER SAMUEL PO BOX 9496 106 N 8TH ST 1 GROVE ISLE DR#410 ASPEN, CO 81612 ASPEN,CO 81611 MIAMI, FL 33133 KRUGER RUTH B KURTZ KAREN L QPRT LARNER JACQUELINE L 400 E HYMAN AVE 17358 S MCKENNA DR 376 DAHLIA ASPEN, CO 81611 PLAINFIELD, IL 60586 DENVER, CO 80220 LEITCH B BRYAN KIRK III LEUSCHEL DANIEL R& MCDANIEL LEVINE MICHAEL A ANNIE L 2606 STATE ST 100 NORTH 8TH ST,#11 DALLAS,TX 75204 PO BOX 591 ASPEN, CO 81611 SNOWMASS, CO 81654 LUU TONG KHON LYLE PATRICK LYNN DON TRAN TUYET LE 820 W MAIN ST 411 N NEW RIVER RD#3406 814 W BLEEKER ST#B4 ASPEN, CO 81611 FORT LAUDERDALE, FL 33301 ASPEN, CO 81611 MANDERSON NANCY R 50% MATTHEWS DEE R MCBAY WILBUR&SHARON 2212 RICE BLVD 5121 52ND ST NW 1713 CHESTERBROOK VALE CT HOUSTON,TX 770052628 WASHINGTON, DC 20016-4379 MCLEAN,VA 22101 MCNELLIS VIRGINIA&BRIAN L MCNUTT LEXI &RAY MENCHACA ANA L 108 N 8TH ST PO BOX 9667 107 N SEVENTH ST#201 ASPEN, CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 Etiquettes faciles a peter e i Repliez a la hachure afin de I www.averycom Sens de Utilisez to gabarit AVERY®5160® 1 chargement reveler le rebord Pop-UpTM j 1-800-G0-AVERY 1 Easy Peel®Labels I • a Bend along line to 1 AVERY® 5160® I Use Avery®Template 5160® I Feed Paper expose Pop-Up EdgeTM 1 1 MENDELSON CLIFFORD MINNESOTA MATERNAL MIRACLE MICHAEL&PEDRAGOSA 4807 CUMBERLAND AVE FETEL MEDICINE MERITXELL CHEW CHASE, MD 20815 2115 DWIGHT LN 821 W BLEEKER ST MINNETONKA, MN 55305 ASPEN, CO 81611 MORRISON SUSAN M REV TRST MY BUNGALOW LLC NAFTALIS RICHARD C& ELIZABETH Z PO BOX 320 3093 FORT CHARLES DR 5315 ROYAL LN NOOSA QLD 4567 NAPLES, FL 34102-7920 AUSTRALIA, DALLAS,TX 75229 NAIDOFF MICHAEL A&STEPHANIE W NEW MONICA DAHLING OTTEN DOUGLAS&GLENDA 332 GLEN EAGLES DR 101 OCEANO AVE#20 5103 SEA PINES DR ASPEN, CO 81611 SANTA BARBARA, CA 93109 DALLAS,TX 75287 OVERTON PATRICIA J PAFFENDORF PAUL JEFFREY PERRY ALLISON K&TIMOTHY V 100 N 8TH ST#24 2063 W 2ND AVE 822 W MAIN ST ASPEN, CO 81611 DURANGO, CO 81301 ASPEN, CO 81611 PHILLIPS CLINTON &JADE PINION PROPERTIES LLC PITCHFORD BARBARA PO BOX 10094 218 E VALLEY RD#104-335 PO BOX 8812 ASPEN, CO 81612 CARBONDALE, CO 81623 ASPEN, CO 81612 PULLIS JONATHAN C&REBEKAH REED BRENT H ROTHMAN MARKS&SANDRA C 823 W BLEEKER ST 100 N 8TH ST#6 100 N 8TH ST#12 ASPEN, CO 81611-1135 ASPEN,CO 81611-1124 ASPEN,CO 81611 S&G INVESTMENTS LLC SHERIDAN DAVID R II SHERMAN GARY M C/O KENT SECURITY SERVICES 4539 SILVER DALE CT 100 N EIGHTH ST#4 14600 BISCAYNE BLVD CASTLE ROCK, CO 801089039 ASPEN, CO 81611 N MAIM! BEACH, FL 33181 SHURMAN JOHN&CAROLYN SIEGEL ELIZABETH N &NEIL B SMITH CHRISTOPHER H 50% 100 N 8TH ST#29 100 N 8TH ST UNIT 8 PO BOX 12366 ASPEN, CO 81611 ASPEN,CO 816113145 ASPEN,CO 81611 SOLEIL MOSCONA TRUST STEINBERG EDWARD M&TOMI A STELLJES PETER V 5172 CHELTERHAM TERRACE 814 W BLEEKER ST#A1 PO BOX 2444 SAN DIEGO, CA 92130 ASPEN, CO 81611 ASPEN,CO 81612 TAYLOR KYLE&SARAH THULSON SUSANNAH TOLLESSON KENT TOMMY 814 W MAIN ST 814 W BLEEKER PO BOX 3766 ASPEN,CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 Etiquettes faciles a peler ; •A Repliez a la hachure afin del www.avery.com Utilisez le gabarit AVERY®5160® 1 chargement reveler le rebord Pop-UpTM l 1-800-GO-AVERY 1 Sens de Easy Peel®Labels i • S Bend along line to 0 AVERY® 51600 Use Avery®Template 5160® j Feed Paper expose Pop-Up EdgeTM 1 A TOPELSON ALEJANDRO TRAN HONG HUONG VALLEY MIA C 4725 S MONACO ST#330 814 W SLEEKER ST#C1 100 N 8TH ST#20 DENVER, CO 80237-3468 ASPEN,CO 81611 ASPEN, CO 81611 WALTZ FAMILY TRUST A 80% WEIHE JOHN WEST END PROPERTY LLC 6075 LA JOLLA SCENIC DR SOUTH 814 W BLEEKER ST#E1 814 WEST SLEEKER ST#B6 LA JOLLA, CA 92037 ASPEN, CO 81611 ASPEN, CO 81611 WHITE OAK ASSC 2310 UNDERWOOD ST HOUSTON, TX 77030 Etiquettes fables a peter i A Sens de Repliez a la hachure afin del www.averycom Utilisez le gabarit AVERY®5160® 1 A chargement reveler le rebord Pop-UpTM 1 1-800-GO-AVERY 1 COMMUNITY DEVELOPMENT DEPARTMENT [J Agreement to Pay Application Fees An agreement between the City of Aspen('City')and Herbert Klein Property Phone No.: 970-925-8700 Owner(T): Herbert B Marsha Klein Email: hsk @kcelaw.net Address of 831-833 W. Bleeker St. Billing 201 N. Mill St. , Ste 203 Property. Aspen CO 81611 Address: (subject of p (send bills here) Aspen, CO 81611 application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ 1,260 flat fee for Housing $ flat fee for $ fiat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid In full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood,and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 7,560 deposit for 24 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ 265 deposit for 1 hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director Name: Herbert Klein City Use: Title: Fees Due:$ Received:$ No\.•mhcr. 2011 C'it} ul'Aspen 1305. (Iak'na EXHIBIT o K 2 ' t'. - --.ii-...i..:,.,.4-.. ' / - - x _, ' ` a r ,iT, '�r A of c ?./1 .'! J U.J. 4'5 �l fs j //';;',...:;"•,•!..�,- E'•('r f '4r ` , ''l • et.!0 'I.. ...! . ° j! • r-.,.: .mig4.,,,....,,., „in.., , ..,..;47,-...:::::„,t.f.-.,k:,.-::.::, !F,t.'.":--,f7'.7-:-.i.?"-- - ,-1,1 : t, .,:,:o.‘; '' i —1. '' .i J i -, f"' - .c i.j' '� ':'`^ ;11,1 3 . . ..- t 1 1 ii . flXHIBITJ Pt ... _ �� _ _` _ — • d �� ^ i ( 1 ` f! ' a , j� .....yk m �r MI ,'4" r-..-. '41i .. -4. - --"A 1- -' '. * 1#11,, .,-.. ....- 4 Alit 1,.. 441 .S. PA C ' lkikt - " -0 1 le '4 . ' g:-'9'flyi._ -,,,,, • . 0 1":i' .11r,1* 'At G •,' ; 1/ fly .i � '�.4.0....:"..!:iii i"'44. '46 '''' 16 " .1. . . t MI '...,... ,,, AV 41 . ;' koft, 01 .4 'ft,-... *1 4.r x J-,t 13 r , . ,„, ,...."1, . Azi......„, ..,/,... ar, .,, ,, . 6 C . .A; . 4 ,iiif 114-T.'" ..-•4.!f 1:, 4 . , AtliAirlIP 2-46„, 1 -11g.lr,,C " t 11 1 a , oi.:4 : ,RP,• ,y ' 774, 't,,, iliiir4tal,.., . ,, 0/� 1 01111 .,; 7f� r _r rr ll i N _`` am , ui • •I` t.N + ' pit ' ;i, ■ - o t V 1 lJ-••"-- Y r-i L..} ..'ft. .. _ E. i ''q fib# k: , itt #+ > E ! != iI m ; i c"tp. .0 M 0 4., •— ro 113 W' I.0"' '1 r ' ': LL p �: v ® 13 rl is + 3 9 RI IN c' 1�- , ,, v, ; 1,-._ _ a _ EXHIBIT f Is treiP:a ole+.i6th:41.4,0131ilic51 14K\v®111 •*agpo©t M ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM 831-833 IV. Bleeker St. Expansion and Addition of Project: Non-Mitigation Affordable Housing Applicant: Herbert and Marsha Klein Location: 831-833 W. Bleeker St. Zone District: RMF Lot Size: 9000 sq ft Lot Area: 9000 sq. ft. (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: 2 Proposed: 3 Number of bedrooms: Existing: 6 Proposed: 6 Proposed%of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 4060' Allowable:6750' Proposed:6750' Principal bldg. height: Existing: 24' Allowable: 25' Proposed:24' +/- Access. bldg.height: Existing: Allowable: Proposed: On-Site parking: Existing: 6 Required: 6 Proposed: 6 % Site coverage: Existing: Required: N/A Proposed: %Open Space: Existing: Required: N/A Proposed: BLEEKER ST. Front Setback: Existing: 11'-2" Required: 5 Proposed: 5' Rear Setback: Existing: 28'-2" Required: 5' Proposed:-28'-2" Combined FIR: Existing: Required: N/A Proposed: 8th ST. Side Setback: Existing: 8' Required: 5' Proposed: 8' Side Setback: Existing: 5'-1" Required: Proposed: 5' Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: N/A Proposed: Buildings Existing non-conformities or encroachments: Unit A - NLA 2952 sq. ft. Variations requested: See Application p EXHIBIT $ N Index of Exhibits: SURVEYS, SITE PLANS AND ELEVATIONS: A. Improvement Survey B. Sheet 1 - General location of Units A and B and the area on the property where the new construction will take place. C. Sheet 2 - Location of the AH Unit, new garage serving Unit B, existing garage serving Unit A and on-site parking. D. Sheet 3 - Existing space from the upper level of Unit A to be part of Unit B. E. Elevation- North-east corner view F. Elevation - North-west corner view G. Elevation- 8th street view OTHER EXHIBITS: H. Letter certifying title and proof of ownership and authority of representative. I. Pre-application conference summary J. List of property owners located within three-hundred feet of the property. K. Executed application fee agreement. L. Vicinity map. M. Neighborhood development pattern -aerial photo. N. Dimensional Requirements - City Form 0. Land Use Application Form- City Form u- E 7 ii _ _- - _--_.._.- __- --__ _- , 1 w . {k i Jz i I9an x it , �, J z 1 rt.. tf. L oa El ' 00 Z CL H 5 a LL W D Fak i�'�=s�f "'F 1 e l� . ; ! • i,._... .... I 1 1 y. E Y r ,'r _ — .x ' . i 5 c.4 kp s c i 5y(� a >.. , i.- 1,...:., :.,-._, , -, --. , . ".. 4 ; H / 0 , __—._ Yom'= :C i nr ? t 77 § p t• � . ;€� '7 9 �x 1� 4y a # r W I- 1 Q Z .:{,ti i , y L wsr - , I. .„� E L- t I W �: It SE, SafgrIgi *, 1 p1'.. \\ . r LI: \ / .2; .‘L' :".''-- .;711 'LL`L. 'Th._. pFW \, � .‹.' —— \. t. s1 I yl 1 w t�l I I• •I ii 3i: ®®�, i ,da = 4f \ fi il: ' :. _I s yv i 1 1 i �. V I 1 e '. V � ! ' ''' 1 i '_ i�� yt p" ' III j i,1 L--- — , \\\ 1 i i , 9 .1 jj _ O III �� e� U I 4 4 I I `\ W 0 Z Job:, 1 ....00—. \ 0 , s cn r 1: �j, I 1 1 1 I Y W I ., \i\ r _ ■ NW (A W W _ L_ 1 yr VIL Im ` 11111 I li 7 § ,'{ 1 TI, <; r n . , 5 `L. 0 k y4 ,� _ t 'Ati= I- oa E W x to .ate l — t y " ' o cc p vv _�.�� yj1 W Q} q.f J F \ ' Ir. x , el i I I II T , 1 I ; ®L A It )00. //it/ . t Z t C7 b I CC �� !: '�,. W in itt Jt �1 ri C. 1 IF 1 11 O x CO / y dx fr f Y ) S fl 1l' W lI{ '�F f' 1 S��'� H �k YI I �i&£ M ii. k f f 4Y : $11 ,\\‘‘,1 Y '' / O l s s I I tI O H II 1 O / " ; 1!it 1 ;I I i 1 IT H O i R 4 J W 1^ � jII 11 r 1 ,� 01 J v #;r• i• I -- ; • La I- E CO H W W < H H LLW 0 O C�2 w; rH ^�! k-! _1 a W T , Oa a-- wo-i IT o= rQ CD m w FJ 002 Op0 W J p 14 C21 O 0ti, KW FQ LL'<� �/I F J/ c mw `cO omQ �•j�8 b./Ly1�I V 02 WO O § Iyy =ii as aF Z VI * O V a¢ a7 ^ F <4 z WW Ili b w0 it z 0. F --\1/_ RN III w V] w \i9% di CI '8 t! le-- d mii 4,\••••••••••I•11I l- 1r. ••••••••••/1••• / - ";"/ M- .„.1 war it 0 en ---41‘i-, W —=�n� W 1 , k 1•••••••••••11•'•'•'•'•'•Ii.. I -4 IIr IM°iii°iii'•'•'•'•'•'•'•'•' / ►r �,/ M�•••••••• �� �i 1 fa iu••••••••V X11 / s \ -\i%� . , \i d I / L /= x/ 1 \/ NI if realez::Thast t S, aq• Iw I 11r :/III 'M/': ill;' As a at aa'4w a aroma I- 00 I x w CQ H W W W Cn a Cn H Oa k F-.� ¢ aw a Fi m 0 • •is a °a k ft U U s� �- • c'1 rt, w dX aD Oio U .. to Gi% ° IN! ►/1 F _,1�,' RI II tG VI CD W \:7 \ QO sill`- ppe. a 6. .. • /∎1� „ " ��O• ►� te� a 1 v /E>►O =O►►G►►.��' lk.4*�I-) �� --ill''H 1i1� �rINNt_`:.1 -7 1.1* th.I� W ;5 17NN NNI� -AII%': y NNNNFy��i./ ` II_,ye hti1Nf1I �: Gins. ■n N- I z, ANNNr \t,-fir b tile"' yr& .if , „ 4.74 \I%c / /..' tea. •,r,: _ - l t�l - 21ll Y x it- v =.111 /. .41 _Z�O� ,Ir . .1 111. ��� / : h \I/: . ' T 1 �'I M -Mt 7/1Tc- •r<r -lH \iii �r „"'w< '+Ya 7/W..- 8 an "'°ow a E x w L.ten ,_, H W W H Z Cn I: a °o zw r I a r o W W2 K0 . �2 7O �1 m w F U j b 14 le r a � —cc it o a. Gtr F ���1/= b Ijjnjl 0 UVIi 1+- .n.In1 w ' E. __ w En rti Q O /��; i CD it di r•. ' (�L '°n /�iik� ' �i ilil ��llil��i `` 1 a \Ip'c tip., 7� , N ( .. . ,ii1� , Qa�litiI lil� d it O vii Aiii alb �� ; �• O _ IE I1�r IV " is`� a 9�t III /1 i1 II NI �,r QI+ = ' il�� 91 il,ll,l q 4 '; Dili i' li 'I: • ` \ir 1 Oz 4'w i� it i, cn c' R = k:. �,j -h0�i�9pjAli iiiw" ,'., /I .14'k= 1,1, _98 .l� .-g2 � ll- "/11 se V2O ` ` aVili- -4 Q /I ! J -. lily :_ / Z \1 vii_ Y T ',in /i1 .4 .Mac.,a "Am�� nay s111, e —'.0 also:nue 133eas Hie d 'Nee astivomm o """"ur E- m X W U' 0 IL J w p s; m f. ; o91 yA N Acc Q U 0 N e n259 rE zw °z � �' /1\-7-- _ P 1 ' �x: w° ' maLU a ritt 1,1 $ o °; a: 0_ 0 `2a 1 cr`i t. :0 "„ „„ 4�CC. a ;,EB . n, > gwi 3 ' . ^ i m e$Y 1:lt w CC k E� y Cg 3 i m O � m 0 3 q: F E � ; � a 5s q v : ono g° 4?. ,.E,1 , _1F e ii CD O W < `tn : e 3 ( 3 LI „q " Ij3"�34g ¢ o J $81 128 Ct, �o ° E a aO r rtw0 -7g El op a w n fTh G, K 1 P <sssef " IC ■ N3SV 0N rva y _ mpq rs .,i,1% i, ii I O 0.. i �: <, 3i _„,..1 1 H g 4 41.7 It- cO of iE f —1 p 1 m / , " a AT •,-. 11< a xP m� r ym. / +.�M1l_.� Q =h - ,1F' l eau 3.s.os>, o 1i Eili IN eaV asMam o N i 1[i. ° °.A III ""a,Nicc. 1 111� 4.:e 3V Msr 3 .�a,.. w3 3L 1i a sryU J*aa,,, S„ HiS r4 l 5°;w r ' ` a i :,{ / -' y bF B _ .g1Y J ' ti iiii gWo A Y• o s, J *g-t d '' y .5k. k P 2'g 73.0'4 73.0'4 Y ga ......E Index of Exhibits - (revised 04-06-12): SURVEYS, SITE PLANS AND ELEVATIONS: A. Improvement Survey B. Sheet 1 - General location of Units A and B and the area on the property where the new construction will take place. B-1 Supp. - Sheet 1, Supplemental Site Plan (Enhanced Graphics) C. Sheet 2 - Location of the AH Unit, new garage serving Unit B, existing garage serving Unit A and on-site parking. C-1 Supp. - Sheet 2, Supplemental Site Plan (Enhanced Graphics) D. Sheet 3 - Existing space from the upper level of Unit A to be part of Unit B. D-1 Supp. - Sheet 3, Supplemental Site Plan (Enhanced Graphics) E. Elevation - North-east corner view E-1 Supp. - Supplemental Orthographic Information (Bleeker St. elevation). F. Elevation - North-west corner view G. Elevation - 8th street view G-1 Supp. - Supplemental Orthographic Information (8th St. elevation). OTHER EXHIBITS: H. Letter certifying title and proof of ownership and authority of representative. I. Pre-application conference summary J. List of property owners located within three-hundred feet of the property. K. Executed application fee agreement. L. Vicinity map. M. Neighborhood development pattern - aerial photo. N. Dimensional Requirements - City Form 0. Land Use Application Form - City Form P. Affordable Housing Unit Floor Plan N W W H Z Z CC NHN 2 a o, O o _ O N--1 .n IL f <1 - J a CC Z IZ a r H x 0 a- rn ¢ a u ✓ \ C 6 F m ti Ati -..mr- \ 6.. � G`' NWJ mid n U H Z OZo W it)l .00.0p[ . .. a o; 4i'/ L! 3ui6 yy,, aF ll'-ik i. , billib H Ov ,- I�� o/ 111 Lc O E. J :/ll CO 1-4 qo Q o e• m '� W �" 1.i/- o 410 ki"IOC CO C yh0 ` cu 6. W �., o 40 • • Z \414� / / � ,.ice.. -10f (3) J 4 / .: Ww Ni �Ih ^ Q a. `llr_ y r. '. _:\0,_olo d it.. t %Ill` s k.OS i'\U :;1_ c J 1 jeHds y �o \/ .1 s 82 ����� Si,��I �x Q3 31 blylr bob`S Nl �SIO�dI 2 NdSb 40 3.9Q3 31 vk1x0addb WO La •S &i02 1 AbA3A Q H W W W Cr) WCI) I-Ill F V.� < Q Wm ¢j F-i V�J I- Ill�z a O W J r k U z � w q � W N CC �y Z 00 14 14 E4 M i w w Iz° � ' a ww F U a,tnet U 6 t.0 �1% b \ ��� rLy u /ia p naa•c \i% p ppl 3u26j, oi ] Law '�' e MM L = � I�!:-., w 77 '' . �� I Z3jk ow yHA.; ,g i �h Lu e'er\✓ <'6z Q rn • CO e o e I o 1-.110v- o:A/i_ N. no- liri l ti ° . y w q �� l W w a. / -- w N/Zit!. `.`, LO r x • o e plJ J a y,: &� l� W. O . y° i i) no oc SZ e Q. 1 ... i / ` �_9„,,,,7,:. s'I it'\ d hu1 ir• i�b "a / .. ppi Q3 Obub „6ps. ' -7.-11r Q dod \iu<'b.<t 1lv In X82 31,�� ll' ti 4. HdSb ��3'JQ3 3I t or e�b S L ..j Q S�3�i.tia H jp 3D a3 31VW%Xoadda W¢Ce • W S mat 0., Abp .i I ci'D H W W x NM U) ZE o � Z wW J CO N = L-U1 O� !H Q < u >� Z !-ti O O � A j1 OO OOO Q U � � w q ce , �o ¢ WQ (Y� Ox k W co � WO 0 ^Q I-4 1-1�I O fix" /I\ .4 Z a O ¢ 0 4.O a - ra Oa_ On OL- ZOO ■ U W a ¢ a0 U rrn ¢ c !AW. \ 19 o W Q'to c ZR /fir Zt zaO '(1• •00.001 t‘i Per 1 F (u S Ph i ± 1 L N --- Cat 1 N o %lll - i / ill:`Jil? I Qi 2 0 - -- \ 11/- rn Ovxi : - W / �, ■ L!1 U W Q Ai'/ �, �Ih lU z ll- am- A i' / 62 O e m %I u H ).1. ' ' ' / �J o at�/1/ O /'/ i �I ", ' ill rn a. 0 Tr e / - i - I Lit, 11 7 x 140. / \ / \J O lll\ leg :/I 1 ,e- r c �b'n --- / NI'' �Q 39 I11\, .pp•ppl 3 ZUOva — o 'I/_ Q331 bWIXQbddb .,61 OS.`\I\ \lull\ i \, %/ ` a dSb dp 39Q3 31b JA,bads Nlg 1lbHdSy !0 39Q3 31 W LQ 3/421/4g4 W \oak,* 41 ilE 01 AVry3n Q •1 s'.9t, "0,Vja• ..tgrg I sgt000.: ,i',..... -:.)..i.:. ptr-, ; „.. in--EL:1- 1 .1 1-1 i E _ ...:1". -,... _, _ _ ...,__...... , 1 . .„.................. _ , , ,.. ,:,_ ,...... ----,.. , ,.:7:. '......_zi ..., 1 : .. etiP 1 ; 1 1 1 } 1 L ■ i 1 i 1 ■ f i i F.,...,....;...... f.....:::... r..z... “ , i I 1 , I I, I ......— r;; r , , I , i it I, I r / ' , i 1 (,) lir 1,,. , . I I' ' , p '../- , , ,..„. ..,.. , _ . _..............._ -------- . . , . , , ) . „ .. .., 1 1 , . L. , , k... ,)!=c..)---_----71 1 , ,.. r. ----t. H . ii- ii a v_, Co 1. j 1-1-1 ‘1"‘." r „. I< 1Z :1> H I 1" ■•••■ I NAGS a X130-19 - 3 pue ` 9 ` d510- „0i - I = ;was damn ]gA1OdW] W ig l r iiYi is r g8V€ v v O e' O NHS N]1-131B • PING Ul lgGO-1O CD 0 , NI- c9 T19NInll m I N JG 0017 NI- °ionic NI- i r