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Home My WebLink AboutFile Documents.555 E Durant Ave.0025-2022-BRES (14) 11111111 IIllI 11I0 III1l 1II11111101111111101111111111111111 RECEPTION#: 682605, R: $38.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 6, 11/15/2021 at 03:23:19 PM CIrYOPASPEN Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPRO\% APPROVAL FOR AN INSUBSTANTIAL PLANNED DEVELOPMENT AMENDMENT CLARIFYING APPROVED PLACEMENT OF HVAC EQUIPMENT FOR THE NORTH OF NELL CONDOMINIUMS SUBDIVISION/PUD COMMONLY KNOWN AS 555 E. DURANT AVENUE,LEGALLY DESCRIBED AS NORTH OF NELL CONDOMINIUMS,ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED DECEMBER 3,1968 IN PLAT BOOK 3 AT PAGE 329 AS RECEPTION NO. 133194 AND AS DEFINED AND DESCRIBED IN THE CONDOIVIINIUM DECLARATION FOR THE NORTH OF NELL CONDOMINIUMS RECORDED DECEMBER 3, 1968 IN BOOK 237 AT PAGE 674 AS RECEPTION NO. 133195 AND SUPPLEMENT RECORDED MAY 15, 1969 IN BOOK 241 AT PAGE 97 AS RECEPTION NO. 135404 AND SECOND SUPPLEMENT RECORDED OCTOBER 22,2009 AS RECEPTION NO.563856. COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID Numbers: 2737-182-49-002 through -017,-019 through-039,-042 through -058,-060,-062 through -068 and 2737-182-49-800 ADDRESS: 555 E. Durant Avenue(North of Nell) APPLICANT: North of Nell Condominium Association,Joe Raczak,General Manager, 555.E Durant Avenue,Aspen,Colorado REPRESENTATIVE: Davis Horn Inc,215 S. Monarch Street#104,Aspen, Colorado SUBJECT& SITE OF APPROVAL: The North of Nell Condominiums is a mixed-use development with multi-family residential and commercial uses, located in the Commercial Lodge (CL) zone district with a Planned Development (PD) Overlay. The property contains 40 free-market units on the top three floors,and 12 commercial units on the ground floor.The property was constructed in 1968 in compliance with zoning at the time. A PD overlay was applied to the property via Ordinance No. 36, series of 2007. The ordinance also legalized the existing non-conforming dimensional standards. The Subdivision/PUD Agreement was subsequently updated to reflect the corrected, dimensional calculations for the property. Subsequently,the Applicant submitted and the City of Aspen Building Department approved building plans for the exterior renovation which showed relocated HVAC mechanical units located on the back of the fm walls between the building and adjoining streets. After the City of Aspen Building Department approved the location of the HVAC mechanical units between the building and adjoining streets, the City of Aspen Land Use Code was amended to prohibit mechanical equipment to be located between a street facing façade and streets. The Applicant installed HVAC mechanical units on multiple decks between the building façade and streets based upon the approval granted by the Building Department. An Insubstantial PD Amendment per Section 26.445.110.A,Insubstantial Amendments is required to clarify approved exterior locations of HVAC mechanical units. This approval Memorializes previously installed mechanical equipment,approved by building permit in 2008,as compliant with the PD approvals.The Community Development Director may approve,approve with conditions or deny this request based on criteria found in Exhibit B of this memo. SUMMARY: The applicant requests approval to allow for mechanical equipment between a street facing façade and street, which is not allowed by code.The application proposes locations for new and existing legally permitted HVAC mechanical equipment on decks of each residential unit. Although some HVAC units were placed on the decks with building permit approval in the past, the Planned Development documents do not show or address approved locations for mechanical equipment beyond what's typically allowed by the land use code. The HVAC mechanical units are RE , IVE D „„, V /2022 ASPEN BUILDING DEPARTMENT • proposed to be screened by existing fin walls and railings.The approved dimensions and locations for the units to be placed on the decks of all residential units are shown in Exhibit A. Building permit issuance will be required for any new equipment. The HVAC units on North of Nell condominium decks are unique in that they were permitted pursuant to building permit ACBU 0011.2008,prior to the enactment of code language specific to dimensional standards for mechanical equipment. The Planned Development,which was approved pursuant to Ordinance No. 36 series of 2007, does not include any language about mechanical equipment locations or dimensional standards. The City of Aspen established the first dimensional standards for mechanical equipment pursuant to Ordinance No. 27 series of 2010 which postdated the Planned Development and building permit.approvals for the HVAC units. Furthermore,the language from Ordinance No. 37 series of 2010 and the two subsequent ordinances that address dimensional standards for mechanical equipment size and location present practical difficulties to the North of Nell property. City of Aspen Ordinance No. 27 series of 2010 adopted language that permitted mechanical equipment to be placed within non-street facing yards.The North of Nell is unique as the building is one of the few, if not the only,structure in the City of Aspen which is surrounded by city streets on all four sides. City of Aspen Ordinance No. 25 series of 2012,Page 7 established dimensional standards for mechanical equipment and prioritized utilities to be located on rooves and hidden from street view.At this time the HVAC units at the North of Nell already existed on unit decks. Additionally, the property's location at the base on Aspen Mountain conflicts with the standard as the roof is highly visible from the Little Nell ski slope and Silver Queen Gondola. City of Aspen Ordinance No. 46 series of 2015, Page 13 expanded the language on dimensional standards for mechanical equipment and is the current code language. It addresses mechanical equipment on rooves, in yards,and equipment between a structure and the street, standards which render most existing HVAC units non-compliant. In in each instance of a newly adopted ordinance, the unique circumstance of the North of Nell development has prevented the property from eliminating the existing non-conformity presented by HVAC units on condominium decks. However, City Council Minutes from November 23, 20.15, which was the deliberation hearing for the most recent ordinance that approved the current code language, stated that the part of the language's intent was to"allow for screening." Given the unique character of the North of Nell property regarding mechanical equipment,dimension standards,and the property's location,the City of Aspen has established an approach to best address the practical difficulties through innovative screening methods. The existing screening panels will be enlarged to increase screening to further conform to current code standards to the greatest extent possible.Additional metal paneling shall substantially screen HVAC units from the street with the consideration given the above findings. STAFF EVALUATION: Staff finds the request to place HVAC mechanical equipment on the decks of the North of Nell residential units to meet the review criteria for an insubstantial PD amendment(Exhibit B). Staff has determined that the existing fin walls and screening panels allow equipment up to 45"tall to be concealed when viewed from the street. This height limit also falls below the existing deck railing. The 45"height limit is inclusive of any pad the equipment is placed on. The equipment must be located behind the fin wall to the greatest extent practical, and the equipment must be oriented perpendicular to the street to minimize visibility. Deck panel screening shall be extended as depicted in Exhibit A to provide additional screening for the HVAC units as viewed from the street,prior to the installation of any HVAC equipment on the decks. RECEIVED 2P/al ASPEN BUILDING DEPARTMENT DECISION: The Community Development Director finds the request to locate HVAC mechanical equipment on the decks of the residential units at the North of Nell consistent with the criteria outlined in Section 26.445.100.A, Insubstantial amendments (Exhibit A) and thereby approves the request with the following conditions of approval. 1. HVAC mechanical equipment height shall not exceed 45" as measured from the point of attachment,inclusive of any pad the equipment is placed on. All mechanical equipment must comply with the dimensional limitations depicted in Exhibit A. 2. HVAC mechanical equipment shall be placed perpendicular to the fin walls and deck railings and must be primarily located behind vertical plane of the fin walls, to the greatest extent practical. The HVAC equipment shall be screened with additional metal paneling to block visibility from the street and to conform to the general design standards shown in the architectural plans (Exhibit A). The additional paneling corresponds with the varying lengths of deck railing as shown in Exhibit A. APPROVED BY: Phillip pino, Date Community Development Director Attachments: Exhibit A—Drawings (Recorded) Exhibit B—Staff Findings (Not Recorded) Exhibit C—Application (Not Recorded) RECEIVED 0213t$P8/2022 ASPEN BUILDING DEPARTMENT Exhibit A-Proposed Elevations The below letters correspond to the different sections of railing which vary in length and therefore require differently modified lengths of screening. Aimii t f • 9a. t9t,..i^ ' — • 9 9:Y.,...# 1:::F --•r �t��M Mks.,•SWIM -III!eta Vimram , •., M ill r a a tst MIIIIIiOr� t-I `Ril t .. ..: pk li � trf a 8 l .. •e t• t• 1 Ai - ''. '; '1 :.1;.••• ---"" ill I' i I I 1 ■illt?wtllit t It , r-iitmumi, ;1 s't t e i=a, t aa�at�tuts t i _ a• • : i•titt a 9 'a " _ t t-t t - '' tt r t 't tt .. L=I E — t _ r ( v k1 -- JOB: NORTH OF NELL BUILDING ..-,,...REMODEL —"`_ WEDUM & ASSOCIATES. P r STREET. ASPEN, CO81611ARCHITECTURE & DDEVELOPMENTDEVELOPMENTc. 555 DURANT 101 INDEPENDENCE PLACE Sheet: END ELEV. - SCREENING DOUBT, PANEL ASPEN, COLORA.D. oi `t EIVE� GRILL PANELS -- A & 970-925-19 (FAX) 970Ilk •4" 60' Date: 09 04 202 t COPYRIGHT 2006 —___Scal___--, = _-.— 1L: 0 2/2 8/2 0 2 2 ASPEN - BUILDING DEPARTMENT , • . , - . • Exhibit A-Proposed • ! Elevations 1 . : I • 1 E" 7 ' ...,..,,,,,,,,,,, • q : ;,..............j t 1 ii.lj ........."— - -ri'l • 0 ta:) Z .„,, c'• ,..Nt ..., . ,,-.......,....... Al. ag• c.x.:1 g c-,•t.., . Cn 'l$ P0 -4rD i . Cn 4 1-4 ••-1-4 : .,.. 44 ;11 C • ,sz c74 2.,'t= -- : ',--_,-. E-4 "I'•dt, • • ' )--i o--. .-4 Crl N .4 • : 00_. . •. •. • , -7,°' ., • • ,__ -7 1Z4j. . .- . f:Z1 ,...1 a3 C• .• ,.._.,4 .511i LAIL :•. • ,0, WI A•••' C, • g I L) 0 ''' . - • .: 1 . (1:4 m . .., 0:4 t I ,rt4 c C:1 110' fni: ESIMMIC.- - ' r••• Q.4 Z cA .... 1111111 szons ,• g14 -'4C1) c...1Z1-1 !::•3 4"): : - - INEINAIN ,--- 11111111i1 • , — ...“.ti •• m c..4 co i . . . 4 . . . .0. , — - Z W , ;•T-r ,4 Z — . . E--.1 1Z1 d it_. . — , . • 0 kr:m:4 c4 ., , 0IftHIH „• , g • dci t 7,3 — ,! c 4 c., • iL , •, . , . . 1 1 • . .......„.....„........ • . . , . . ES 4) 1 ... . • ..---.....•••• N 0., ..,.. ......... 10. 0--.......j . . . a RECEIVED 02/28/2022 ASPEN - BUILDING DEPARTMENT Exhibit A-Proposed Elevations • ! i W NCD 0 1.--iiW +�. tin JiA (� 4CIN rip ciApat1 I • / W W 0 gar. ,=, W a. u C- 0. 0 _9 1 ® OD i 1 t • , —^ ! Z 1 I i ,-1. i'u = a WI c.o 1 Q. o .- K. 1 lam;,--4 W t .� _! 1 al •0 CI i e _ g C) C3 Z . I Czl C3 Ca Z I A p kd f k.'1 .r—^—a. !4 W 1 x 1 1 ‘\\ '''''''' - r■rrrr. � ss s s nVI I r a s s� i Z1`� ✓ CI l LriL Lotman r am-' xin ' —4 „c. -, - k_________ .. 0 o c4 .. ' . It -N, [11" , ., .,.; ,a; 0 4 I `2 v.) C}) 1 - ,Ni .' ,r RECEIVED 02/28/2022 ASPEN _._._______ BUILDING DEPARTMENT