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Home My WebLink Aboutresolution.apz.008-2025RESOLUTION #08 SERIES OF 2025 I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I Ill lllll lllll 111111111111111111 RECEPTION#: 711654, R: $43.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 12, 09/05/2025 at 01 :02:39 PM Ingrid K. Grueter, Pitkin County, CO A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVAL FOR SPECIAL REVIEW -AUTHORITY TO CONTINUE A NON-CONFORMING STRUCTURE, AMENDMENT TO AN ESA DEVELOPMENT ORDER, AND RESIDENTIAL DESIGN STANDARD VARIATIONS FOR THE PROPERTY LOCATED AT 230 LAKE AVE., LEGALLY DESCRIBED AS LOT 16, HARMON GROUP-TOMLINSON LOT LINE ADJUSTMENT PLAT, AS SHOWN ON THE PLAT RECORDED JANUARY 17, 1990 IN PLAT BOOK 23 AT PAGE 77, COUNTY OF PITKIN, STATE OF COLORADO PARCEL ID:2735-124-88-001 WHEREAS, the Community Development department received an application from BendonAdams, representing 230 Lake, LLC, requesting Special Review -Authority to Continue a Nonconforming Structure , an Amendment to an Existing ESA Development Order and Residential Design Standard Variation reviews related to a proposed remodel and addition located at 230 Lake A venue; and, WHEREAS, the property is located in the Medium Density Residential (R-6) zone district; and, WHEREAS, the Community Development department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and the Land Use Code standards, and referral of the application to other City Departments for comments, the Community Development Director recommended approval of the requested development application; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the application during a duly noticed public hearing on August 20, 2025 under the applicable provisions of the Land Use Code as identified herein, in particular Section's 26.430 Special Review, 26.435. I 00 Amendment of an ESA Development Order, and Chapter 26.410-Residential Design Standards, considered the recommendation of the Community Development Director and took and considered public comment; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria with conditions and that approval of the request as described below is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare, and, 230 Lake Avenue P&Z Resolution #08, Series of2025 1 WHEREAS, the City of Aspen Planning and Zoning Commission approves Resolution #08, Series of 2025, by a five to one (5 -1) vote, approving the requested land use reviews as identified herein. NOW, THEREFORE BE IT RESOLVED the City of Aspen Planning and Zoning Commission finds as follows: Section 1: Special Review -Authority to Continue a Non-Conforming Structure The existing single-family dwelling is a legal non-conforming structure as defined in the Land Use Code. Approval is granted for a remodel and renovation as depicted in Exhibit A to this resolution, and including: • A reallocation of floor area that includes the addition of a basement and additional first and second story deck, • Alterations to portions of the structure that fall within the minimum side yard and combined side yard setbacks, and, • Changes to the footprint that continue, but reduce the non-conforming site coverage . The following table outlines the approved dimensional limitations that are permitted to continue: Dimensional Limitation Allowable Existing Proposed Site Coverage 30% 34.9% 32% Gross Floor Area No requirement 5,966 sq . ft. 8,692.52 Floor Area 3,884 sq. ft. 4,484 sq. ft. 4,484 sq ft. Minimum Side Yard Setback North: 15' North: 5'6" North: 5'6" South: 15' South: 9'2" South: 9'2" Combined Side Yard Setback 40' 4" 14'8" 14' 8" The following table outlines the floor area calculations with totals to not exceed the below: Gross Interior: 7,959.13 sq. ft. Gross Deck: 733.39 sq. ft. Calculated Interior: (with exemptions) 4,325.10 sq. ft. Calculated Deck: (with exemptions) 158.30 sq. ft. Calculated Total: 4,483.40 sq. ft. Section 2: Amendment of an ESA Development Order Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves an Amendment of an ESA Development Order for a Hallam Lake Bluff approval via Resolution #02, Series of 2023. The Parks, Engineering, and Zoning Departments recommended conditions of approval regarding the Hallam Lake Bluff Review in Resolution #02, Series of 2023 that must be met prior to building permit issuance are described in Section 4. Section 3: Residential Design Standard Variations and Approval 230 Lake A venue P&Z Resolution #08, Series of 2025 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Residential Design Standard Review with Variations to the Articulation of Building Mass and Entry Connection Residential Design Standards as depicted and further described in Exhibit B to this Resolution. Section 4: Conditions of Approval The following conditions of approval must be met prior to building permit issuance: • • • The project must comply with all applicable Engineering Standards prior to building permit issuance, including requirements for a Major Development within the Urban Runoff Plan. Final verification that Demolition is not triggered will be confirmed prior to Building Permit issuance. If Demolition is found to be triggered during construction, the project approval will be deemed void, ab initio. Any subsequent application for redevelopment of the property shall be subject to and reviewed under the codes in place as the time of the new land use application . Compliance with applicable Parks requirements will be verified prior to building permit issuance. • Impacts to trees on neighboring properties will need to be minimized and distances from trunks of trees will need to be shown. • Construction methodology and excavation plan shall be confirmed with the Parks Department for excavation in the area along the 15' offset from the Top of Slope prior to building permit issuance. • The location and extents of excavation for the installation of stormwater and other utility infrastructure shall be confirmed by the Parks Department to not negatively impact trees prior to building permit issuance. • The shoring plan shall be approved by the Parks department to not negatively impact trees. • The tree removal plan, and requirements for any applicable tree health plans, shall be approved prior to building permit issuance. • Verification that the height over topography represented in the land use review is consistent with the final civil grading plans provided as part of the permit application is required prior to building permit issuance. Any deviation from the plan providing during land use review will be evaluated to determine is an amendment to this approval is required. The extent of the changes will determine if an amendment is required. Section 5: Material Representations 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 site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: Existing Litigation 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. 230 Lake A venue P&Z Resolution #08, Series of 2025 3 Section 7: Severability 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 Commission at its meeting on August 20, 2025. Approved as to form: Attachment: Exhibit A -Approved Drawings Exhibit B -RDS Approval Checklist and Drawings 230 Lake A venue P&Z Resolution #08, Series of 2025 4 :'l'R9YfPEI 09RN!fAQIAMDPN$ @ ~-;~~;'ED -FLOOR AREA PLAN -LO @ ~~~-9.srn -FL OO R AREA PLAN -Ll ® ~~-9.srn -FLOOR AREA PLA N -L2 PROf'OSEDBAAlMEAC>.L(lMT)ONS ..,...,1r111.+w<1,,..nr<0 J.!JJ.11:r ::m,11,r :JUHi a,.,.., AU0'fAllfflOO!AftEACAlCUI.ATJONS M<TU,JU£l0:t-•llc-,:I toT o •.OOO:# 111.i:-...o,:r ....... ..,.,IJ •• ,. Gfa:.:. ... tll[""l <tt•• .. oc.:.o,t Mlt""l<tl•• □ □ □ □ :.i,:r.:.ie,:1.,u,:1 ~•-"·"•· oll,.H'1 '\H~I •• 1,. .... , .... ., -~- Exhibit A 230 LAl<EAVEN UE REMO DEL APPROVED VS PROPOSED · FLOOR AREAPlANS G201 ' ~=============:::i ::::,~~:J ! ~============1 ! ' ' ' ' ' ' ' ' ' ' 1 I : L, I I '------------------------___ ,l ____ _, 0 !!'P,.!1,?,V ED -ELEVATI ON -W EST ' 1=============:::i :.r:. ~:::J 1 rc==========1 i I I : '-, I I '-----------------------____ _l ____ ., (Df---=PR7"0"cPccO~S"'E"'D_-,,,E"'LE,._,V-'-'A"--TlcsO""N~--"W'--'E"'ST-'----------- ''"""""'' '""""'"" 230 lAJ(E AVENUE REMODEL APPROVED VS PROPOSED· ELEVATION -WEST G209 0 APPROVED -ELEVATION -EAST (D1-2cP,,_RO,acP,__,O'='S"'E"'D'----"E"'LE=-'V'-'-A'--'T-'-'IO"'N_,_-_,E~A,,,S_,_T ___ _ "''"'"'"" ,,,,,., ....... 230 lAKE AVENUE REMODEL l ~O W E.lVLWt .t.S!!N,CO IISII APPROVED VS PROPOSED· ELEVATION· EAST G208 ' ' ' -1 r -< "1 1------------~ L ----------------------------------: --~ L ____________ L __ .J _______________________________________ .J CD ~;~~-?,V ED -ELEVATION -SOUTH 230 lAKE AVENUE REMODEL APPROVED VS PROPOSED· ELEVATION -SOUTH G207 0 10•'~""'•4 -... ., ,._,,,...· • ___ • ....... • F-------------::c_ :c __ --------------? ' ' ' c~====================~~ : ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ~--------------------I : t============================================~==========j 0 ~~!?,VED -ELEVATIO N NORTH F-------------::c-:c __ --------------? ' ' ' c~====================:;':i I ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ~ l : t============================================L.==========j 230 LAKE AVENUE REMODEL APPROVED VS PROPOSED· El£VATION -NORTH G206 SITE COVERAGE CALCUlATIONS CJ r,r.m•c.o.VlO•t <>• CJ ..,.,...,u,,n u -1:,,110" D Dllllll·ffl'l-•<""'Ul•lllT .. U I UO:.:UIIHU .,,,.,,1:.11.0 - ... ,.:uc.o,oo,uu- '""°'"'ll'l...,.._•,.,.tt1•"""u,•••:.o"""u .,., ... ,1:.110 ____ .,,,,., ',, _________ _ ·-.. ___ _ 230 LAKE AVENUE REMODEL l!OI.Al(f AVD.Ul MflN,C0116\I ""= MEASURED SITE COVERAGE G120 Exhibit B Residential Design Standards Administrative Compliance Review Staff Checklist -Single Family and Duplex l~~ ,~,~~ CITY OFASPEN Address: 230 Lake Ave Parcel ID: 2735-124-88-001 Zone District/PD:,_R_-_6 __________________ _ Approved: Representative: BendonAdams Email: sara@bendonadams.com (Approved plans/elevations attached) Phone: 970-925-2855 Disclaimer: This application is only valid for the attached design. if any element of the design subject to Residential Design Standards changes prior to or during building permit revie1v, the applicant shall be required to apply for a new Administrative Compliance Review. Standard B. l.Articulation ofBuilding Mass (Non-flexible) B.2.Building Orientation (Flexible) B.3 .Build-to Requirement (Flexible) B.4.0ne Story Element (Flexible) C.l.Garage Access (Non-flexible) C.2.Garage Placement (Non-flexible) C.3.Garage Dimensions (Flexible) □ I ✓ ,□-□ No ~h_anges from Resolution #02, Series of 2023 -See responses in . _ ~-~· __j Exh1b1t F. [7-1 ~□ I Nochaogeproposed. [l]□:==::::□-1 No change proposed. ✓ □ l I G••oe m .. o ooe '"" ·-·· '"" .... "-~"'""" <rom ""'" ... "'" -""' '"" •·~"' requirements. Exhibit L, sheet A123. Space blw wall and porch is increased by about 4'6". Please reference: A 322 and G143 for sections, and A143, A144, A145. A153 shows height of one story element as 9'. -,,,___, fl]□□□ No chaoge proposed. ✓ I I No chaoge proposed. [lJ □ L_ I No chaoge proposed. Page 1 of2 Approved: ___ _ Residential Design Standards Administrative Compliance Review Staff Checklist Disclaimer: This application is only valid for the attached design. If any element of the design subject to Residential Design Standards changes prior to or during building permit review, the applicant shall be required to apply for a new Administrative Compliance Review. Standard CA.Garage Door Design (Flexible) D.1.Entry Connection (Non-flexible) D.2.Door Height (Flexible) D.3 .Entry Porch (Flexible) E.l.Principle Window (Flexible) E.2.Window Placement (Flexible) E.3.Nonorthogonal Window Limit (Flexible) E.4.Lightwell/Stairwell Location (Flexible) E.5.Materials (Flexible) Complies Alternative Doesn't N/ A SheeU(1)/Notea Compliance Comply I ✓ ].__ __ -'D I . I Two sepa,ate dams proposed. Exhibit L, Sheet A 123, and A224 . □ □ I I '"m.,.," .~'"" """'~., """"""" ,-=•. '"""" ,. '" •~" wo, ~m" .,_, "m, .,., Exhibit L, Sheet A123, and A224, Sections on Sheets A 321 and A322, and Renderings on Sheets G142, 143, 144, 145. Height is shown on A153. Entry connection is brought into greater compliance through the _ _ _ -· enlargement of the patio towards the front street. See responses in Exhibit F □ □ All doors measure 8', Exhibit L, Sheet A224. The 1' area above the door is solid wall with details to match the door. I I I JI I Ent,y porr,t, 10' in height Exhibit L, Sheet A224. l.iJ I II I ~~:~t~;!ndows a,e located adjacent to the ent,y door. Exhibit L, I ✓ I □ I I ~i~~::;'t' ,:%~~t space mo,e than one sto,y on the front facade. Exhibit □ All non-orthogonal windows are removed from the front facade brining the design into compliance. Exhibit L, Sheet A224 . :=== I ✓ I_. □ A skylight is located behind the front most wall of the street-facing _j facade. Exhibit L, Sheet A123, and G143 . I I:===~ I 1 □1 Materials are consistent on all sides and are true to their characteristics.· Exhibit L, Sheet A224. Page 2 of2