The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.ca.206 Lake Ave.0070.2013.aslu THE CITY OF ,ASPEN City of Aspen Community Development Department CASE NUMBER 0070.2013.ASLU PARCEL ID NUMBERS PROJECTS ADDRESS Non Conformities PLANNER JUSTIN BARKER CASE DESCRIPTION Interpretation REPRESENTATIVE STAN CLAUSON ASSO.9709252323 DATE OF FINAL ACTION 11/4/2013 CLOSED BY DJAMA MARTIN ON: 03/11/2014 permit u � `� �rF c .> <... _ , File Edit Record Uigate Form Report, Format Tab Help lump l v Main=Cuskomfield €Rou4ngStakus fee Summary Actions RoutmgHistory ...................... ----- _ �.. .._..... __ o C „Permit type Permit 1+.=FLU Address Apt/Suite 0 0 City State Zip x _ r Permit Information [' D _ Master permit Routing queue as,uG' Applied 11, 27G1? z o =` Project Status pending Approved ,( Description CODE 1N _RPRr:—.A jN Issued 3 Closed/Final rz Submitted S;AN 'LAUSONA,SSC.y 8252-2 Clock Running Days 4 Expires 1C uC'2 C1E Submitted via Owner Last name STAN CL=1U-" fiaOClk1;E First name i Phone Address Applicant Owner is applicant? 7.Contractor is applicant? Last name STAN CLAUSON ASS ,I First name Phone i Cusk Address Lender Last name First name Phone = Address it r AspenGold5(server) djamam View 1 of 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: t 2 e 1 0 I CA 1 LA S Aspen, CO '�� — X 4 e-05 I O vi (l O ri c-o� STATE OF COLORADO ) X c> S-t-f . c 4 t R QS SS. County of Pitkin ) �`'{ [� -�.! rl (name,.please print) I � being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The fore "' Affidavit of Notice" was acknowledged before me this r day of )Q.G�b 20 l3, by � � V a PUBLIC NOTICE RE:INTERPRETATION OF THE LAND USE WITNESS MY HAND.AND OFFICIAL SEAL CODE-EXTENSION OF NONCONFORMING HISTORIC STRUCTURES NOTICE IS HEREBY GIVEN that a code inter- 0 My C SSion e pireS: pretation regarding the extension f noncon- forming historic structures, Section 26.312.030.0.1 of the City of Aspen Land Use Cade,initiated by Stan Clauson Associates,Inc., was rendered on 11/22/2013 and is available for public inspection in the Community Develop- ment Department. N tary Public Published in the Aspen Times Weekly on De- � `/ PV® cember 5,2013. [9746933] a a a ATTACHMENTS: F Ut-DA K COPY OF THE PUBLICATION ,tr;PlNING Icy Commissic7 Expires 0312912014 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE CODE INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: 26.312.030.C.1, Non-conforming structures Extensions - Historic structures EFFECTIVE DATE: November 22, 2013 WRITTEN BY: Justin Barker, Planner !I APPROVED BY: Chris Bendon, 4el ate: e7j I3 Community Development Director • t 7 COPIES TO: City Planning Staff Stan Clauson Associates, Inc. SUMMARY: This Land Use Code interpretation is being issued in response to an inquiry with regard to the Non-conforming section of the Land Use Code. The request was filed by Stan Clauson Associates, Inc. and asks that the Community Development Director confirm that historic structures that are non-conforming may be expanded up to five hundred (500) square feet, regardless of current floor area. The requester shall have the right to appeal this code interpretation, as outlined below. BACKGROUND: In general, non-conforming structures shall not be extended by an enlargement or expansion that increases the nonconformity. There is, however, an exception for structures listed on the Aspen Inventory of Historic Landmark Sites and Structures. The exception allows such structure to by enlarged, provided "such enlargement does not exceed the allowable floor area of the existing structure by more than five hundred (500) square feet". The question arises whether the existing non-conforming structure's current floor area can be considered the allowable floor area. DISCUSSION: Staff has relied on the following sections of the Land Use Code to render this interpretation, emphasis added: Citation A: Section 26.312.030.C.1 —Non-conforming structures—Extensions—Historic structures The first exception to this requirement shall be for a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures. Such structures may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between buildings on a lot and may be enlarged, provided, however, such enlargement does not exceed the allowable floor area of the existing structure by more than five hundred (500) square feet, complies with all other requirements of this Title and receives development review approval as required by Chapter 26.415. Citation B: Section 26.575.020.0—Measuring Net Lot Area A property's development rights are derived from Net Lot Area. This is a number that accounts for the presence of steep slopes, easements, areas under water, and similar features of a property. The method for calculating a parcel's Net Lot Area is as follows: Table 26.575.020-1 Percent of parcel to be Percent of parcel to be included in Net Lot Area to included in Net Lot Area to determine allowable Floor determine allowable Density Area Citation C: Section 26.104.100, Definitions Nonconforming structure. A structure which was originally constructed in conformity with zoning and building codes or ordinances in effect at the time of its development, but which no longer conforms to the dimensional or other requirements imposed by this Title for the zone district in which it is located. There are two important issues to discuss in Citation A: What is allowable floor area? How does allowable floor area apply for non-conforming structures? The word "allowable" suggests a maximum number. According to Citation B, the Net Lot Area is used as a determination for allowable floor area. Additionally, within each zone district, the allowable floor area is listed as a defined number contingent upon the Net Lot Area. There are no methods for calculating an allowable floor area in regards to a structure. This reasons that allowable floor area is a calculation of maximum development rights determined by a lot, and not a structure. According to Citation C, a nonconforming structure by definition does not meet the dimensional requirements of the zone district in which it is located. Allowable floor area is a dimensional requirement of zone districts. All structures have a current floor area (that which-exists) and an allowable floor area (that which is permissible). Conforming structures have a current floor area equal to or lesser than the allowable floor area. Nonconforming structures (with respect to floor area) have a current floor area in excess of the allowable floor area. Therefore, by the very definition, if a nonconforming structure's current floor area exceeds the allowable floor area, they are different numbers and cannot be considered the same. If the structure's current floor area was considered the allowable floor area, it would be in direct conflict with the definition of a nonconforming structure. Section 26.415.110.F creates a provision to increase the allowable floor area of a designated historic property. This Section provides the option for the Historic Preservation Commission to grant up to five hundred (500) additional square feet of allowable floor area as a bonus for exemplary historic preservation practices. INTERPRETATION: Allowable floor area is the maximum development that can legally be constructed on a lot. It is determined by the Net Lot Area, as calculated in Section 26.575.020.0 of the Land Use Code, and is limited by the zone district in which the lot is located. A structure that contains more floor area than prescribed by the zone district in which it is located is nonconforming in regards to allowable floor area by definition. Allowable floor area is that prescribed in the Land Use Code, and not the current floor area of a nonconforming structure. Section 26.312.030.C.1 enables a designated historic property (conforming or nonconforming) the right to an allowable floor area as determined by zoning, plus up to 500 square feet, as may be awarded pursuant to Section 26.415.11 O.F. APPEAL OF DECISION: Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. THE CITY OF ASPEN Land Use Application Determination of Completeness Date: November 7, 2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0070.2013.ASLU — Code Interpretation — Non conformities. Your planner assigned to the case is Justin Barker. ❑ Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. )4Your Land Use Application is complete: -,f there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. ou ifer he n, Deputy Director City of A n, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA, or PUD(creating more than 1 additional lot) GMQS Allotmen s Residential Affordable Housing Yes No Commercial E.P.F. Lodging P STAN CLAUSON ASSOCIATES INC v landscape architecture. planning. resort design 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f•970/92o-1628 RECEIVED info @scaplanning.com www.scaptanning.com OCT 232013 8 October 2013 CITY OF ASPEN Mr. Chris Bendon, AICP COMMUNITY DEVELOPMENT City of Aspen Community Development Director 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: Interpretation of Title / Non-conforming Historic Structures Dear Chris: On behalf of our client, we request an interpretation of Sec. 26.312.030.C.1 of the City of Aspen Land Use Code confirming that this section would allow for the expansion of a non-conforming historic resource so that the ceiling of new subgrade space can be located partially above grade. The house, located at 206 Lake Avenue was originally constructed in the 1890's. The finished first floor elevation of this historic property is approximately four feet above existing grade. The foundation wall is currently exposed and faced in brick. The Historic Preservation Commission has approved repurposing interior space for an internal garage,various window and door alterations, and the replacement of a weak foundation with a modern basement, including restoration of the exterior foundation wall appearance. The existing floor area of the residence exceeds the zoning maximum, but the amount the proposed subgrade space that would be located above grade, as measured from and the top of ceiling of the new basement, would be minimized so that the new subgrade space will not increase the existing floor area of the historic resource by more than five hundred (500) square feet. We believe this can be permitted by Sec. 26.312.030.C.1, a section permitting alterations and extensions to historic structures of up to 500 square feet. The unusual height of the first floor elevation is typical of historic homes such as this one. Providing for an entirely subgrade basement in order to avoid floor area implications, results in an unusually large and inefficient void between the bottom of the first floor and the ceiling of the basement, along with extra depth of excavation. This would require needless over framing and additional site disturbances, unnecessarily increasing construction impacts and costs. An excavated subgrade space, located somewhat above grade,would not be apparent in any way from the public right-of-way and the house will appear virtually unchanged from its existing condition. Please confirm that Sec. 26.312.030.C.1 will permit the construction of the subgrade space in the manner described above. We have attached Sec. 26.312.030 for your review as well as images of the existing foundation which will be restored. Please call me with any questions. i Ve ly yours, RECEIVED �� c 6 o I OCT 3 0 2013 Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc. CITY OF AbPEN 3 _11Nr ^ ',Fcl r hEN I Attachments oil - P.� . E. Change in use. A nonconforming use shall not be changed to any other use unless the new use conforms to the provisions of the zone district in which it is located. F. Abandonment or discontinuance. The intent of the owner notwithstanding, where a nonconforming use of land or nonconforming use of structure is discontinued or abandoned for twelve (12) consecutive months, then such use may not be reestablished or resumed, and any subsequent use must conform to the provisions of this Title. Any nonconforming use not associated with a structure may not be restored after a discontinuance period of more than thirty (30) days. G. Demolition or destruction. 1. Ability to restore. Any nonconforming use located in a structure which is purposefully demolished, pursuant to the definition of demolition, may not be continued or restored. Any nonconforming use located in a structure undergoing construction, which does not constitute a demolition, has an approved development order, and an approved building permit shall not be considered discontinued. 2. Nonwillful destruction. Any nonconforming use which is demolished or destroyed by an act of nature or through any manner not purposefully accomplished by the owner may be restored as of right, regardless of the extent of demolition or destruction, if a building permit for reconstruction is issued within twelve (12) months of the date of demolition or destruction. (Ord.No. 55-2000, §§2, 3; Ord. No. 12, 2007, §§15, 16) 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. 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. 1. Historic structures. The first exception to this requirement shall be for a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures. Such structures may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between buildings on a lot and may be enlarged, provided, however, such enlargement does not exceed the allowable floor area of the existing structure by more than five hundred (500) square feet, complies with all other requirements of this Title and receives development review approval as required by Chapter 26.415. 2. Mandatory occupancy Accessory Dwelling Units and Carriage Houses. The second exception to this requirement shall be ford k( 0)etached Accessory Dwelling Unit or Carriage House ("ADU") having a man equirement. Such a detached ADU may be enlarged or expanded by up to f0rTh ndred square feet of floor area, provided that this 02013 City of Aspen Land Use Code CITY ��lV Part 300—Nonconformities 1�1►�� s �_ Page 2 ,./ � � �3 F�•.i f IFy� � k.� _ �. �� ;r f'-. e�i iii 1 - � '� s �'r 1 1'. ,� t ' 1� << . ti ,' ��' ;. '� ,� . 'o 1� 4. 4 '\ � `, '� �,� � � � °, � ,� F t � , y• �,. ,� .,� �, _�