HomeMy WebLinkAboutFile Documents.447 E Cooper Ave.0013.2019 (8).ARBK Exhibit A
Review Criteria
Staff Findings
26.435.050. Mountain view plane review.
A. Jurisdiction. Unless subject to Administrative Review as described in Section
26.435.050.D, all applications for development which infringes upon a designated view
plane shall be subject to administrative review or review for an exemption in
compliance with this Section by the Planning and Zoning Commission or Historic
Preservation Commission (collectively, the Review Body). Projects unable to meet the
applicable view plane standards shall be required to obtain a variation from the
requirements and standards of this section from the applicable review body and are
subject to a public vote as required by section 13.14 of the City Charter.
C. Applicability.
1. General. This Section designates seven view planes to regulate the height,
mass and design of structures to preserve mountain views, as seen from
designated reference points. This Section applies to all development located
within the established mountain view planes, unless exempted pursuant to
Subsection 26.435.050(D). In addition, the following shall apply:
a) If a development falls within more than one view plane, the more
restrictive of the applicable view planes shall apply.
b) If at least 50% of the gross lot area of a parcel falls within a view plane
and the balance falls outside of a view plane, then the view plane
standards apply to development on the entire parcel. If less than 50% of
the gross lot area of a parcel falls within a view plane, then only that
portion of the lot within the view plane is subject to the standards in this
Section.
c) This section shall not limit the ability of development to occur below a
view plane. If development on a property is within the lateral extent of a
view plane but does not infringe into the view plane, then that
development is not subject to the requirements of this section.
E. Administrative Review. An addition to a structure or an attached building feature
that does not meet the criteria in subsections 1 and 2 above may be approved by the
Community Development Director through Administrative Review if:
1. The Infringement is erected only to the minimum height needed to accomplish
the purpose for which it serves and the height and setbacks comply with the
standards of Section 26.575.020, the dimensional requirements of Chapter
26.710, and the Design Guidelines and Standards in Chapter 26.412, Commercial
Design Review or 26.415, Historic Preservation, as applicable; or
2. The Infringement cannot be seen with the naked eye from the reference point
as demonstrated by a visual resource analysis.
Staff Response: In order to be considered for an administrative review process, the proposed
mechanical equipment must meet one of the two criteria listed above. The applicant
communicated with the Building Department officials and confirmed the minimum height
needed for the proposal to accomplishes its purpose. The confirmation from the Building
Department explains that the originally proposed 12” curb under the condenser units has been
reduced to 8”. Additionally, the applicant included a photograph taken roughly from the
reference point of the view plane to help illustrate that the changes on the roof cannot be seen
with the naked eye. Exhibit B includes the letter from the Building Department and the
photograph provided by the applicant. Staff finds that the proposed development meets the
first criteria for administrative approval by confirming minimum height with the Building
Department.
26.415.070. Development involving designated historic property or property within a
historic district.
B. Certificate of No Negative Effect.
1. An application for a certificate of no negative effect may be made to the
Community Development Director for approval of work that has no adverse
effect on the physical appearance or character-defining features of a
designated property. An application for a certificate of no effect may be
approved by the Community Development Director with no further review if it
meets the requirements set forth in the following Subsection 26.415.070.B.2:
2. The Community Development Director shall issue a development order based
upon a certificate of no negative effect within fourteen (14) days after receipt
of a complete application if:
a) It is determined that the activity is an eligible work item and meets
the City Historic Preservation Design Guidelines and
b) Any modifications to the proposed work requested by the
Community Development Director are agreed to by the
owner/applicant and
c) The proposed work will not diminish, eliminate or adversely affect
the significant historic and/or architectural character of the subject
property or Historic District in which it is located.
Staff Response: Alterations to noncontributing buildings within the historic districts that have
no adverse effect on its historic or architectural character is an eligible scope of work to be
reviewed administratively for a Certificate of No Negative Effect. The proposed exterior
changes to the fenestration do not adversely impact the appearance or character of the historic
district because it is on a nonprimary façade facing the alley and the proposed building
materials and dimensions consider and maintain existing conditions. The proposed vents and
mechanical equipment on the roof do not impact character defining architectural features and
is screened from view by the existing parapet wall. Staff finds that the proposed development
meets the criteria for an administrative Certificate of No Negative Effect because it does
not adversely impact the appearance or character of the historic district.
26.412.090.A.3 Commercial Design Review – Administrative Review.
The Community Development Director may approve a Commercial Design Review if it is
determined that the proposed work has no adverse effect on the physical appearance or
character defining features of a development. An application for administrative review may
be approved if it meets the following requirements:
a) It is deemed that the activity is an eligible work item and meets the Commercial,
Lodging, and Historic District Design Standards and Guidelines; and,
b) Any modifications to the proposed work requested by the Community Development
Director are agreed to by the owner/applicant.
The following work shall be considered an eligible work item for an administrative review
approval:
a) Replacement or repair of architectural features which creates no change to the
exterior physical appearance of the building or structure.
b) Installation of awnings or similar attachments provided no significant feature is
damaged, removed, or obscured by the installation and that do not reduce or enclose
approved Pedestrian Amenity space.
c) Mechanical equipment or accessory features that have no impact on the character
defining features of the building or structure, and that meet the requirements of
Section 26.435.050, if applicable.
d) Alterations to no more than two (2) elements of a street-facing façade.
e) Installation of site improvements, such as fences, walkways, patios, or similar features
that do not reduce or cover approved Pedestrian Amenity space.
Standard 1.30 Mechanical equipment, ducts, and vents shall be accommodated internally
within the building and/or co-located on the roof:
• Screen rooftop mechanical equipment and venting with a low fence or recess behind
a parapet wall to minimize visual impact.
26.575.020.F.4.a Measuring Building Heights - Allowed Exceptions to Height Limitations.
a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar
venting apparatus may extend no more than ten (10) feet above the height of the
building at the point the device connects. For roofs with a pitch of 8:12 or greater,
these elements may not extend above the highest ridge of the structure by more than
required by adopted building codes or as otherwise approved by the Chief Building
Official to accommodate safe venting. To qualify for this exception, the footprint of
these features must be the minimum reasonably necessary for its function the
features must be combined to the greatest extent practical. Appurtenances such as
hoods, caps, shields, coverings, spark arrestors, and similar functional devices or
ornamental do-dads shall be contained within the limitations of this height exception.
On structures other than a single-family or duplex residential building or an accessory
building, all Chimneys, flues, vents, and similar venting apparatus should be set back
from any Street facing façade of the building a minimum of twenty (20) feet and the
footprint should be minimized and combined to the greatest extent practicable.
Staff Response: The proposed location for the two air conditioning units are setback more than
20’ from the front façade, co-located next to an existing swamp cooler and behind an existing
2’ parapet wall, which comply with Commercial Design Guidelines 1.30. The applicant provided
updated plans locating all three vents at least 20’ setback from the street facing façade and not
exceeding 24” in height in order to meet zoning requirements (Section 26.575.020.F.4.a). Staff
finds that the proposed development meets the criteria for Commercial Design Review.