HomeMy WebLinkAboutLand Use Case.CU.627 W Smuggler St.A55-97
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A VARIANCE FROM SECTION 26.S8.040(F)(12),
RESIDENTIAL DESIGN STANDARDS, VOLUME, AND OF A CONDITIONAL USE
FOR AN ACCESSORY DWELLING UNIT AT THE McLEANIMARGERUM
RESIDENCE LOCATED AT 627 WEST SMUGGLER STREET,
LOT 1, OXLEY LOT SPLIT, CITY OF ASPEN
Resolution 97- t2.3
WHEREAS, The Community Development Department received an application from
Mr. Chuck McLean and Mrs. Amy Margerum, owners, for a Conditional Use Review for a
below-grade Accessory Dwelling Unit having approximately four hundred fifty one (451) square
feet; and
WHEREAS, the applicants requested approval of a proposed design for a single-family
residence on the property located at 627 West Smuggler Street; and
WHEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory
Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses
in conformance with the requirements of said Section; and
WHEREAS, the Housing Office, City Engineering, Parks Department and Community
Development Department reviewed the proposal and recommended approval with conditions;
and
WHEREAS, pursuant to Section 26.58.020(B) of the Aspen Municipal Code,
Community Development Department staff also reviewed the applicant's application for
compliance with the Residential Design Standards of Section 26.58.040 of the Aspen Municipal
Code and found the submitted development application to be inconsistent with the Standard
26.58.040(F)(12), Volume, of the Aspen Municipal Code; and
WHEREAS, Section 26.58.020(B)(2) of the Aspen Municipal Code provides that if an
application is found by staff to be inconsistent with any item of the Residential Design
Guidelines, the applicant may either amend the application or appeal staff s fmdings to the
Plarming and Zoning Commission pursuant to Chapter 26.22, Design Review Appeal Board; and
WHEREAS all applications for appeal from the Residential Design Standards of Section
26.58.040 must meet one of the following statements in order for the Planning and Zoning
Commission to grant an exception, namely the proposal must:
a) yield greater compliance with the goals of the Aspen Area Community Plan;
b) more effectively address the issue or problem a given standard or provision responds to;
or
c) be clearly necessary for reasons of fairness related to unusual site specific constraints;
and
WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting
of the Plarming and Zoning Commission on August 19, 1997, at which the Commission
approved by a 5-0 vote both the Conditional Use for the McLean/Margerum Residence's
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Accessory Dwelling Unit with the conditions recommended by the Community Development
Department and a variance from standard 26.58.040(F)(12), volume, as it relates to all four
elevations of the proposed structure; and
WHEREAS, the approval of the variance request was based on a finding that the
proposed design more effectively addresses the issue or problem the "volume" standard responds
to (variance criterioll "b"), and the motion approving the variance did not allow for those
windows indicated on the submitted drawings as dashed lines and labeled as "possible," with the
exception of the one transom window on the west elevation.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section One:
A variance from the "volume" standard, Section 26.58.040(F)(12), as it relates to all four
proposed elevations of the McLean/Margerum residence is approved based on a finding by the
Commission that the proposed design more effectively addressed the issue or problem that the
"volume" standard responds to. The approved variance does not allow for those windows
indicated on the submitted drawings as dashed lines and labeled as "possible," with the exception
of the one transom window on the west elevation.
Section Two:
The Conditional Use for a below-grade Accessory Dwelling Unit containing approximately 451
square feet attached to the proposed McLean/Margerum residence at 617 West Smuggler Street
is approved with the following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling
Unit contains between 300 and 700 square feet;
b. Verify with the Housing Office that the ADU will contain a kitchen having a mmlmum
of a two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus
freezer;
c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of
which must be obtained from the Housing Office;
d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a
separate one-bedroom unit;
e. Provide a minimum of one off-street parking space for the ADU that shall be shown on
the final plans;
f. Install any new surface utilities requiring a pedestal or other above ground equipment on
an easement provided by the property owner and not within the public rights-of-way;
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g. Locate any additional proposed construction in such a way that it does not encroach into
an existing utility easement or public right-of-way;
h. Agree to join any future improvement district(s) which may be formed for the purpose of
constructing improvements in adjacent public rights-of-way; the agreement shall be
executed and recorded concurrently upon approval of this application;
i. Submit working drawings to verify all height, setback, and floor area calculations, as
well as lot size and lot area calculations;
j. The site development must meet the runoff design standards of the Land Use Code at
Section 26.88.040(C)( 4)(f), and the building permit application must include a drainage
mitigation plan (full size - 24" x 36") and report, both signed and stamped by an
engineer registered in the State of Colorado;
k. In the event required, a ):Tee removal permit must be obtained from the Parks Department
for any trees that are to be removed or relocated; also, no excavation can occur within
the dripline of the tree(s) to be preserved and no storage offill material can occur within
this/these drip line( s);
I. A tap permit must be completed at the office of the Aspen Consolidated Sanitation
District; a separate service line and tap will be required for the accessory dwelling unit.
Payment of the total connection charges shall be made prior to the issuance of a building
permit; and,
m. Submit building permit drawings which indicate all utility meter locations; utility me.ter
locations must be accessible for reading and may not be obstructed by trash storage. The
building permit drawings will have to show the fences that encroach into the alley and
Smuggler Street rights-of-way and indicate that they will be either relocated onto private
property or be removed, or be licensed. The plans must also indicate a five (5) foot wide
pedestrian usable space with a five (5) foot wide buffer for snow storage.
2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall:
a. Submit as-built drawings of the project showing property lines, building footprint,
easements, any encroachments, entry points for utilities entering the property boundaries
and any other improvements to the AspenlPitkin County Data Processing Department in
accordance with City GIS requirements, if and when, any exterior renovation or
. remodeling of the property occurs that requires a building permit;
b. Permit Community Development Department, Engineering and Housing Office staff to
inspect the property to determine compliance with the conditions of approval; and,
c. The applicant must sign a curb and gutter construction agreement, and pay recording
fees (this requirement was a condition of the Oxley Lot Split approval).
3. In the event required, the applicant must receive approval from:
. The City Engineer for design of improvements, including landscaping, within public
rights-of-way;
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. The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
. The Streets Department for mailboxes and street cuts; and,
. The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights-of-way.
4. Prior to the issuance of any building permits, a review of any proposed minor changes from
the approvals, as set forth herein, shall be made by the Planning and Engineering
Departments, or referred back to the Plarming and Zoning Commission.
5. The applicant shall provide a roof overhang or other sufficient means of preventing snow
from falling on both the stairway leading to the door and the area in front of the door to the
ADU.
6. The existing driveway in the front yard must be removed, and the area must be restored.
7. All material representations made by the applicant in this application and during public
meetings with the Plarming and Zoning Commission shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by a Board/Commission
having authority to do so.
APPROVED by the Commission at its regular meeting on August 19, 1997.
APPROVED AS TO FORM:
David Hoefer, Assistant C Attorney
Attest: Planning and Zoning Commission:
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Sara Garton, Chairperson
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
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FROM:
Stan Clauson, Community Development
Julie Ann Woods, Deputy Director
Mitch Haas, City Planne~
McLean/Margerum Residence Conditional Use for an Accessory Dwelling
Unit (ADU) - Public Hearing. 627 W. Smuggler Street (Lot I, Oxley Lot
Split) City of Aspen Parcel J.D. No. 2735-124-09-002.
RE:
DATE:
August 19,1997
SUMMARY: The applicant is requesting Conditional Use approval to construct an
Accessory Dwelling Unit (ADU). The applicant owns a lot at 627 W. Smuggler Street and
will be constructing a single family residence. The lot contains an existing single family
home which will be demolished and replaced. The proposed ADU would be below grade
and attached to the corresponding, primary residence. Pursuant to Section
26.100.050(A)(2)(c), the applicant will provide an ADU and, thereby, obtain a GMQS
Exemption enabling the property owner to construct a new single-family home pursuant to
City Land Use Regulations.
The applicant is NOT seeking an FAR bonus, but understands that the unit shall be deed
restricted, meeting the housing authority's guidelines for resident occupied units.. As an FAR
bonus is not being sought, the housing office shall not have the right to fill the unit if it is left
unoccupied for extended periods.
The proposed residence (principal residence) contains a few windows that were found by
staff to' violate the provisions of the "volume" standard (Section 26.58.040(F)(12),
Residential Design Standards). Given the three options of accepting a 2: I floor area penalty
for certain areas of the proposed residence, redesigning the proposal to comply with the
volume standard, or seeking a variance from the volume standard, the applicant is requesting
that the Commission grant a variance from said standard.
The applicant's Conditional .Use Application is attached as Exhibit "A" and referral
comments are included as Exhibit "B."
Community Development staff recommends that the Conditional Use for the Accessory
Dwelling Unit (ADO) at 309 W. Hallam be approved, subject to conditions.
APPLICANT: Mr. Chuck McLean and Mrs. Amy Margerum, represented by Barbara Long
& Associates.
LOCATION: Lot I (one) of the Oxley Lot Split is located at 627 W. Smuggler Street in the
City of Aspen. The lot is bounded by W. Smuggler Street to the north, W. Francis Street to
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the south (beyond the alley), 5th Street to the east, and 6th Street to the west. (See attached
vicinity map). The surrounding uses are all residential in nature.
ZONING: Medium-Density Residential (R-6)
CURRENT LAND USE: Single-family residential.
LOT SIZE: The subject site has a lot size of 7,500 square feet (the area of this lot may be
subject to reductions such as those associated with slopes of20% or greater).
ALLOWABLE FAR: 3,450 square feet. (This FAR calculation is an estimate only, and is
based on a 7,500 square foot lot containing no slopes greater than 20%, no right-of-way
easements, no vacated rights-of-way, or any other encumbrances which might subtract from
the lot area; also, it does not take into account sub-grade areas, garage area calculations, or
any potential for,FAR bonuses).
PROPOSED LAND USE: One detached single-family residence with an attached
accessory dwelling unit in the basement. Detached residential dwellings are permitted uses
on lots of 6,000 square feet or greater in the R-6 zone.
REVIEW PROCEDURE: Accessory Dwelling Units (ADUs) require conditional use
approval by the Planning and Zoning Commission at a public hearing. It is a one-step
review. that requires notification to be published, posted and mailed in accordance with
Section 26.52.060(E).
The following sections of the code are applicable to this conditional use review: Section
26.40.090, Accessory Dwelling Units; Section 26.28.040, Medium-Density Residential (R-
6); Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section
26.58.040, Residential Design Standards.
Pursuant to Section 26.58.040, Residential Design Standards, Community Development
Department staff reviewed this proposal against the Residential Design Standards and found
that the submitted development application, as proposed, would require a variance from the
"volume" standard (26.58.040(F)(I2)).
BACKGROUND: The lot in question was created in 1993 with City Council's passing of
Ordinance 57, Series of 1993. This Ordinance granted a subdivision exemption for a lot split
(See Exhibit "C"). The proposed development of lot at 627 W. Smuggler Street(Lot One of
the Oxley Lot Split) is consistent with and complies with the conditions of approval outlined
in Ordinance No. 57, Series of 1993.
The current proposal is for conditional use approval of an ADU. The ADU would be located
inthe basement of the primary residence. As proposed, the ADU would be 451 square feet
and would have its own kitchen, bathroom, and access, as required by code. The two-car
garage, its associated driveway, and an additional parking pad accessed from the alley, will
provide the three (3) required off-street parking spaces (See Exhibit "A"). By creating an
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ADU meeting the provlSlons of the code, the applicant would be granted a GMQS
Exemption for the construction of a new single-family home on the lot; provided the home
complies with the City Land Use Regulations.
REFERRAL COMMENTS: The comments from the Aspen Consolidated Sanitation
District, and the City Engineering, Housing, Zoning and Parks Departments are included as
Exhibit B.
STAFF COMMENTS:
Section 26.40.090, Accessory Dwelling Units
The proposed ADU will contain 451 square feet (See Exhibit "A") and will be deed
restricted, mee.ting the housing authority's guidelines for resident occupied units, limited to
rental periods of not less than six (6) months in duration. The owners of the principal
residence will retain the right to place a qualified employee(s) of his/her choosing in the
ADD. One (1) off-street parking space will be provided on-site, and will be accessed from
the alley. Therefore, the proposal complies with the requirements of Section
26.40.090(A)(l ).
Pursuant to Section 26.40.090(A)(2), the ADU is subject to all of the dimensional
requirements of the underlying zone district, Medium-Density Residential (R-6), because it
will be attached to the principal residence. An evaluation of the proposal against these
requirements is provided below. Also, since the ADU will be attached to the primary
residence, Section 26.490.090(A)(3) is not applicable. Section 26.40.090(A)( 4) states that
"an attached accessory dwelling unit shall utilize alley access to the extent practical. " The
proposed ADU and its off-street parking space would be accessed from the alley.
Section 26.40.090(B), Development Review Standards, contains the development review
standards for detached accessory dwelling units and, therefore, does not apply to this
application. Regardless, the proposed ADU will appear as part of the primary residence,
and it will be below grade; thus, it will be compatible with and subordinate in character to
the primary residence. This property is located in the West End neighborhood which is, for
the most part, made up of single family residences, many of which have attached or detached
accessory dwelling units associated with them. The proposed ADU will be compatible with
the character of the existing neighborhood and will not create a density pattern incompatible
with that already established in the area.
Section 26.28.040, Medium-Density Residential (R-6)
Accessory dwelling units are permitted within the R-6 zone district as conditional uses. The
lot has an area of 7,500 square feet. The required side yard setbacks call for a minimum of
five (5) feet, but both sides combined must total at least 22.5 feet. The minimum front and
rear yard setbacks are ten (10) feet each, but must combine for a total of at least thirty (30)
feet. The site coverage is not allowed to exceed thirty-five (35) percent (2,625 square feet),
and the maximum roof height cannot exceed twenty-five (25) feet, as measured to a variety
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of points depending on the particular roof slope. The maximum allowable floor area is 3,450
square feet, and there must be a total of three (3) off-street parking spaces provided (two (2)
for the principal residence and one (1) for the ADU). The proposed plans indicate that the
development would meet all of the dimensional requirements of the zone district, and this
will be verified at the time of building permit application (See both Exhibit "A" and the
referral comments from the City Zoning Officer in Exhibit "B").
Section 26.60.040, Standards Applicable to All Conditional Uses
Pursuant to Section 26.60.040, a development application for a conditional use approval
shall meet the following standards:
(A) The conditional use is consistent with the purposes, goals, objectives
and standards of the Aspen Area Comprehensive Plan, and with the intent of
the zone district in which it is proposed to be located.
The stated purpose of the R-6 zone district "is to provide areas for long-term residential
purposes with customary accessory uses." ADUs are allowed as conditional uses in the R-6
zone district, and the proposal will be required to meet or exceed all of the dimensional
requirements associated with the zoning. Furthermore, one of the stated themes of the
AACP with regard to "revitalizing the permanent community" is to "increase resident
housing." Also, the proposal is consistent with the following purposes, goals, objectives and
standards of the AACP:
. "Promote, market and implement Cottage Infill and Accessory Dwelling Unit programs;"
. "Develop small scale resident housing which fits the character of the community and is
interspersed with free market housing throughout the Aspen Area and up valley of Aspen
Village;" and,
. "The public and private sectors together should develop . . . employee-occupied
accessory dwelling units, to achieve the identified unmet need to sustain a critical mass
of residents."
Staff finds that this conditional use application for an ADU complies with Section
26.60.040(A).
(B) The conditional use is consistent and compatible with the character of
the immediate vicinity of the parcel proposed for development and
surrounding land uses, or enhances the mixture of complimentary uses and
activities in the immediate vicinity of the parcel proposed for development.
The subject parcel is surrounded by residential uses, some of which have associated
accessory dwelling units, and the proposed ADU use is both consistent and compatible with
the existing residential development in the immediate vicinity.
(C) The location, size, design and operating characteristics of the proposed
conditional use minimizes adverse effects, including visual impacts, impacts
on pedestrian and vehicular circulation, parking, trash, service delivery,
noise, vibrations and odor on surrounding properties.
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As mentioned earlier in this memo, the proposed ADU will be sub-grade and will appear as
part of the principal residence; thus, its location, size and design will minimize any potential
adverse visual impacts. Like all ofthe surrounding properties, the ADU's parking and trash
service will be accessed from the alley at the rear of the property. No noise, vibration, or
odor related impacts are anticipated. The proposed ADU will operate like any other
residence or ADU found in the neighborhood. The anticipated impacts will be negligible.
(D) There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable water, sewer,
solid waste, parks, police, fire protection, emergency medical services,
hospital and medical services, drainage systems, and schools.
There are adequate public facilities and services to serve the proposed use. It will be within
an existing, well-established neighborhood. See Engineering referral comments, attached as
Exhibit B.
(E) The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the conditional use.
While the proposed development of an ADU will not generate an increase in the employment
base, the applicant will be supplying an ADU which, pursuant to Section 26.40.090(A)(1),
will be deed restricted, registered with the housing office, and available for rental to an
eligible working resident of Pitkin County for periods of not less than six months in duration,
thereby serving the need for increased affordable housing in the City of Aspen.
(F) The proposed conditional use complies with all additional standards
imposed on it by the Aspen Area Comprehensive Plan and by all other
applicable requirements of this title.
The proposed conditional use will comply with all additional standards imposed on it be the
AACP and by all other applicable requirements of the Municipal Code, such as those
contained in Section 26.58.040, Residential Design Standards.
Section 26.58.040, Residential Design Standards
The proposed design of the McLeanlMargerum Residence was reviewed by staff against the
Residential Design Standards of Section 26.58.040. Staff found the proposed design to
comply with all but one of the design standards, namely standard 26.58.040(F)(12), Volume.
Simply put, this standard requires that there be no windows (facade penetrations!
fenestration) in any areas of the first or second floors that lie between nine (9) and twelve
(12) feet above the height of the floor (plate height). That is, there can be no windows
between nine (9) and twelve (12) feet above either the first floor or the second floor.
As proposed, all four elevations contains violations of the "volume" standard. On the south
elevation, several proposed windows would be in violation of the volume standard,
specifically the transom windows above the first floor french doors, the transom window in
the second story dormer, the window grouping behind the spiral staircase, and the triangular
shaped windows in the gable end. The south elevation faces the alley, and the windows
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behind the stairs and in the gable end would be obscured from sight due to their location
behind other building elements. The north, street-facing elevation contains dormers with
windows that violate the volume standard. The east elevation contains dormers with transom
windows that do not comply with the standard, and the west elevation has parts of three
separate windows (approximately si~ inches worth, each) that violate the volume standard.
Also, it should be noted that all windows labeled on the proposed elevations as "possible,"
would be in violation of the volume standard and should be eliminated from the plans.
Under the "volume" standard, the applicant is left with three (3) options when it is
determined that the proposed design does not comply: first, the applicant can choose to
redesign the proposal to comply with the standard; next, the applicant can appeal staff s
finding to the Design Review Appeal Committee or other appropriate board; lastly, the
applicant can choose to accept a floor area penalty which would count the area in violation
twice (2:1). In the current case, the applicant has chosen'to appeal staffs finding to the
Planning and Zoning Commission in an attempt to obtain a variance. If a variance is to be
granted, it would have to be based on one of the following three criteria:
(a) the proposed design yields greater compliance with. the goals of the Aspen Area
Community Plan; or,
(b) the proposed design more effectively addresses the issue or problem the given
standard responds to; or,
(c) a variance is clearly necessary for reasons of fairness related to unusual site specific
constraints.
The intention of the volume standard is to prohibit windows that appear to span from the first
level of a residence to the level(s) above and to maintain a pedestrian scale. In considering
the variance request, the DRAC must decide whether or not the proposed design more
effectively addresses this issue than would a redesign that meets the standard. In staff s
opinion, the proposed design for the north, east and west elevations meets this standard, as
the design would appear incomplete if the windows did not extend into the dormers. Also,
none of the proposed windows on the north, east or west elevations appear to span beyond
the limits of their respective stories. In terms of the south, alley-facing elevation, none of the
proposed windows appear to span from one story to the next, and the windows in violation of
the standard are for the most part obscured from view by other building elements such as the
room above the garage and the spiral staircase.
In summary, staff supports granting of a variance from the volume standard as it relates to all
four proposed elevations of the McLeanlMargerum residence. While not complying with the
letter of the "volume' standard, staff feels that the proposed design is in harmony with the
intent and spirit of the criteria. The variance, if granted, would be based on a finding that the
proposed design more effectively addresses the issue or problem the "volume" standard
responds to. Staffs support for the variance request needs to be qualified to make clear that
the variance supported by staff would not allow for those windows indicated on the
submitted drawings as dashed lines and labeled as "possible."
STAFF FINDINGS: Based upon review of the applicant's land use application and the .
referral comments, Community Development staff finds that there is sufficient information
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to support the request. The proposal meets or exceeds all standards applicable to the review
of Accessory Dwelling Units as conditional uses. Staff also finds that a variance from the
requirements of the "volume" standard is warranted as the proposed design more effectively
addresses the issue or problem the given standard responds to that would a design without
the non-complying windows.
RECOMMENDATION: First, Community Development Department staff recommends
granting a variance from the volume standard as it relates to all four proposed elevations of
the McLeanlMargerum residence, based on a finding that the proposed design more
effectively addresses the issue or problem the "volume" standard responds to. The variance
supported by staff would not allow for those windows indicated on the submitted drawings as
dashed lines and labeled as "possible."
In addition, Community Development Department staff recommends that the conditional use
request for an Accessory Dwelling Unit at 627 W. Smuggler Street be approved with the
following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling
Unit contains between 300 and 700 square feet;
b. Verify with the Housing Office that the ADU will contain a kitchen having a mmlmum
of a two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus
freezer;
c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of
which must be obtained from the Housing Office;
d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a
separate one-bedroom unit;
e. Provide a minimum of one off-street parking space for the ADU that shall be shown on
the final plans; ,
f. Install any new surface utilities requiring a pedestal or other above ground equipment on
an easement provided by the property owner and not within the public rights-of-way;
g. Locate any additional proposed construction in such a way that it does not encroach into
an existing utility easement or public right-of-way;
h. Agree to join any future improvelDent district(s) which may be formed for the purpose of
constructing improvements in adjacent public rights-of-way; the agreement shall be
executed and recorded concurrently upon approval of this application;
i. . Submit working drawings to verify all height, setback, and floor area calculations, as
well as lot size and lot area calculations;
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j. The site development must meet the runoff design standards of the Land Use Code at
Section 26.88.040(C)(4)(f),and the building permit application must include a drainage
mitigation plan (full size - 24" x 36") and report, both signed and stamped by an
engineer registered in the State of Colorado;
k. In the event required, a tree removal permit must be obtained from the Parks Department
for any trees that are to be removed or relocated; also, no excavation cah occur within
the dripline of the tree(s) to be preserved and no storage offill material can occur within
this/these dripline(s);
I. A tap permit must be completed at the office of the Aspen Consolidated Sanitation
District; a separate service line and tap will be required for the accessory dwelling unit.
Payment of the total connection charges shall be made prior to the issuance of a building
permit; and,
m. Submit building permit drawings which indicate all utility meter locations; utility meter
locations must be accessible for reading and may not be obstructed by trash storage. The
building permit drawings will have to show the fences that encroach into the alley and
Smuggler Street rights-of-way and indicate that they will be either relocated onto private
property or be removed, or be licensed. The plans must also indicate a five (5) foot wide
pedestrian usable space with a five (5) foot wide buffer for snow storage.
2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall:
a. Submit as-built drawings of the project showing property lines, building footprint,
easements, any encroachments, entry points for utilities entering the property boundaries
and any other improvements to the AspenlPitkin County Data Processing Department in
accordance with City GIS requirements, if and when, any exterior renovation or
remodeling of the property occurs that requires a building permit;
b. Permit Community Development Department, Engineering and Housing Office staff to
inspect the property to determine compliance with the conditions of approval; and,
c. The applicant must sign a curb and gutter construction agreement, and pay recording
fees (this requirement was a condition of the Oxley Lot Split approval).
3. In the event required, the applicant must receive approval from:
. The City Engineer for design of improvements, including landscaping, within public
rights-of-way;
. The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
. The Streets Department for mailboxes and street cuts; and,
. The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights-of-way.
4. Prior to the issuance of any building permits, a review of any proposed minor changes from
the approvals, as set forth herein, shall be made by the Planning and Engineering
Departments, or referred back to the Planning and Zoning Commission.
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5. The applicant shall provide a roof overhang or other sufficient means of preventing snow
from falling on both the stairway leading to the door and the area in front of the door to the
ADU.
6. The existing driveway in the front yard must be removed, and the area must be restored.
7. All material representations made by the applicant in this application and during public
meetings with the Planning and Zoning Commission shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by a Board/Commission
having authority to do so.
ALTERNATIVE RECOMMENDATIONS: The Planning and Zoning Commission may
decide to approve the proposal with the conditions outlined above, approve the proposal with
additional and/or modified conditions, or deny the conditional use request for an Accessory
Dwelling Unit. Also, the Commission may decide not to grant the requested variance in part
or in full, as it relates to each proposed elevation.
RECOMMENDED MOTION: "I move to approve the conditional use request for the
proposed Accessory Dwelling Unit at 627 W. Smuggler Street with the conditions outlined
in the Community Development Department memo dated August 19, 1997. In addition, I
further move to approve a variance from standard 26.58.040(F)(12), voJume, as it relates to
all four elevations of the proposed structure finding that the proposed design more
effectively addresses the issue or problem the 'volume' standard responds to. The variance
does not allow for those windows indicated on the submitted drawings as dashed lines and
labeled as 'possible'."
EXHIBITS: "A" - Conditional Use Application
"B" - Referral Comments
"C" - Ordinance 57, Series of 1993
9
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UIND use: 1IPPUO\T:ICN FOElM
':1 ,~,
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PI:ojcct Nanc McLEA" 'MARGERUM REsIDENCE
~
2) l>;rojectIocatian 627 W. SMUGrlLl':R IT.O'l' 1. OXT.l':Y LO'l' SPT.T'I')
ASPEN, COLORADO
(indicate ..t....=t ad:kess, lot. & block l'UIi>er, le:Jal descript::ion Wex:e . .
appropriate)
-
J) 1>>. _ e:nt Zoni:nq
R-6
.4) IDtSize 7500 S.P.
5) lIppticant's Name, l\ddress << Eb:xle I CHUCK McLEAN & AMY MARGERUM
305 REDTArL CT., BASALT, COLORADO 81623 (927-9727)'
6) Rep~=-d..o.tive'S~: lIddl:ess & RIcne I BARBARA LONG & ASSOCIATES
315 E. HYMAN'AVE., ASPEN, COLORADO 816121925-fiRRO)
7) Type of lIppllcation (please checlc all that apply):
A CorditionaJ. Use _ 0:lnc:epb1al SPA' _ CbnoepbJa1. Historic [lev_
_ ~',,1 Review'
Final SPA
Final Historic pev_
8040 Greenline
_ 0:lnc:epb1al roD
Mirx>r Historic [lev_
.'
_ SO:eam Margin
Final :roo
Historic Oe!Wlition
M:Juntain vial Plane
Sutxlivision .
_ Historic Designation
_ CooocxninllIlliization' _ ~ l\bex:lu.e.rt:
I .
-:.......:.. QQS AllobDeflt
_ ~ Exalpt.ion
i'
_ I.ot Spli1;fIat Line '.
Mj\=l=..rt:
8) Descript.icn of Existin:J Uses.' (l'UIi>er ani q.pe of exist:in;l' structux:es:
appralCimate sq. ft..: ramber of b;.A"""",: any previous approvals ~ to the
property) -
ONE EXISTING SINGLE, STORY Rl':STDl':Nrl': WT'I'H R~Sl':Ml':Nm
9) Des=iption of Oevel~.t Application
, A.D.U. TO BE LOCATED IN A NEW RESIDF.NCF.
....
10) !lave you attached the foll<l'li.rg?
~.se to At:t:achment 2, Kin.iJwm ,>,.m.i-=icn O:nt:cnts
~lSC to At:t:achment 3, '>{-'i eic $uhn;-=ian O:ntcnts
_ Response to Attachment 4, Revi.e.r starrlards for Your Application
~.,
tfr4/9"7 ~
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MEMORANDUM
To: Mitch Haas, Planner
Thru: Nick Adeh, City Enginee~
From: Chuck Roth, Project Engineer C-'1<-
Date: July 31,1997
Re: McLeanlMargerum Conditional Use Review for an ADU
I have reviewed the above referenced application, and I have the following comments:
1. Improvement Survey - The application did not include an improvement survey, and it is a
requirement to include in the application packet a document that is specifically titled "improvement
survey" and that is wet signed and stamped by a surveyor registered to practice in Colorado. The
date must be within the past 12 months.
2. Encroachments - The building permit drawings will have to show the fences that encroach into
the alley and Smuggler Street rights-of-way and indicate that they will either be relocated onto
private property, or be removed, or be licensed.
3. Drivewlty - The proposed access is from the alley. The existing driveway will need to be
removed and the area restored.
4. Sidewalk. Curb and Gutter - The site is located in the West End where sidewalks are
excluded from being built. However the "Pedestrian Walkway and Bikeway System Plan" does
indicate that there should be pedestrian usable space off of the street surface. Therefore, the
building permit drawings must indicate a five foot wide pedestrian usable space with a five foot
buffer for snow storage.
The site lacks curb and gutter. The applicant needs to sign a curb and gutter construction
agreement, and pay recording fees, prior to issuance of a certificate of occupancy. This requirement
was indicated in the Oxley lot split approvals.
1
,~
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"
5. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be
installed on the applicant's property and not in the public right-of-way. For pedestals, easements
must be provided. The building permit drawings must indicate all utility meter locations. Meter
locations must be accessible for reading and may not be obstructed by trash storage.
6. Site Drainage - As provided for in the parcel lot split approvals, the site development must meet
the requirement of runoff design standards of the Land Use Code at Sec. 26.88.040.CA.f, and the
building permit application will have to include a drainage mitigation plan (24"x36" size plan sheet
or on the lot grading plan) and a report, both signed and stamped by an engineer registered in the
State of Colorado, submitted as part of the building and site plan.
7. Streets Department - The alley is plowed to the sides, and the property owner must clear snow
as needed for access.
8. Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant must rec,eive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of-way, parks department (920-5120)
for vegetation species and for public trail disturbance, and streets department (920-5130) for
mailboxes, street and alley cuts, and shall obtain permits for any work or development, including
landscaping, within public rights-of-way from the city community development department.
M97.11l
2
/"""'.,
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.
MEMORANDUM
TO:
Mitch Haas, City Planner
FROM:
Sara Thomas, Zoning Officer
RE:
McLeanlMargerum Residence, Conditional Use review for an ADU
DATE:
August 4, 1997
----------------------------------------------------
--------------------------------------------------------
The McLeanlMargerum residence is located on a 7500 square foot lot in the R-6 zone
district, which has the following dimensional requirements:
Setbacks:
Front Yard Setback - 10 feet
Rear Yard Setback - 10 feet
Combined Front and Rear for Principle Building - 30 feet
Side Yard Setback - 5 feet minimum with 22.5 feet combined
The exterior ADU access can encroach into the required side yard setback only if it meets
the minimum UBC requirement for egress.
Allowed floor area - 3450 square feet. This figure is based on a 7500 square foot lot
which contains no slopes greater than 20%, no right of way easements, no vacated right
or ways, or any other encumbrances which might subtract from lot area.
Maximum Site Coverage - 35% (2625 square feet)
All floor area calculations, setbacks, site coverage and height measurements will be
verified at tjme of building permit.
, ("'\', ,n
,gjsl'~n Gonsol/rkzlerfc5amlalion .disfricf
565 North Mill Street
Aspen, Colorado 81611
/
Tele. (970) 925,3601
Sy Kelly. Chairman
Paul Smith. Treas.
Louis Popish. Secy.
July 28, 1997
RECE\VEO
"" \ 0 \997
FAX #(970) 925:2537
Michael Kelly ,
Frank Loushin
Bruce Matherly, Mgr
Mitch Haas
Community Development
130, S. Galena
/
Aspen, CO 81611
j\$pEN 6:~]C~PMENt
COMMUNITY ,
Re: McLeanlMargerum ADD
Dear Mitch:
The Aspen Consolidated Sanitation District currently has sufficient collection ~Ild treatment
cap~city to serve, this development. Service ,is contingent.upon c()mp'liance with the District's
, rules, regulations, and specification which are,on fiI~at the District office.
The total connection char~esfOl:theproposed addition can be determined once detailed plans,ate
available and, a tap permit is 'completed at our office. Since service is already available to the
existing residence, we would request, asa condition of approval, payment of the total connection
charges prior to the issuance'of abuilding permit.
Please call if you have anyqu~stions.
Sincerely,
~w~~~J5
Bruce Matherly
District Manager
EPA Awards of Excellence
'. 1976. 1986 . 1990
Regional.and National '
/"""'.
.~
MEMORANDUM
RECEIVED
JUL 2. 2 1997
TO:
FROM:
DATE:
RE:
Mitch Haas
Karma Borgquist, Parks Department
July 22, 1997
McLeanlMargerum Residence
ASPEN I PITKIN
COMMUNITY DEVELOPMENT
We have a tree removal permit application complete with mitigation on file and have no
other concerns with this application.
planning.margerum
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