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HomeMy WebLinkAboutExhibit C - Staff Response to review criteriaExhibit C Staff Response to Review Criteria Special Review – Replacement of a Non-Conforming Structure Page 1 of 5 Sec. 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 for a property with a detached Accessory Dwelling Unit or Carriage House ("ADU") having a mandatory occupancy requirement. Such a detached ADU may be enlarged or expanded by up to five hundred (500) square feet of floor area, provided that this bonus floor area shall go entirely to the detached ADU and also provided that the ADU does not exceed the maximum size allowed for an ADU or carriage house. The enlargement or expansion must comply with all other requirements of this Title and shall receive development review approval as required herein. a. Procedure. The procedure for increasing the maximum floor area of a property for the purpose of increasing the size of an ADU requires the submission of a development application. The development application shall be processed under Chapter 26.430, Special Review. b. Review Standards. An application for increasing the floor area of a property for the purpose of increasing the size of an ADU shall meet the standards in Section 26.520.050, Design Standards, unless otherwise Exhibit C Staff Response to Review Criteria Special Review – Replacement of a Non-Conforming Structure Page 2 of 5 approved pursuant to Section 26.520.080, Special Review, as well as the following additional review standards: 1. Newly established floor area may increase the ADU up to a cumulative maximum of five hundred (500) square feet of floor area and is required to be mitigated by either of the following two (2) options. (i) Extinguishment of Historic Transferable Development Right Certificates ("certificate" or "certificates"). A property owner may increase the ADU by extinguishment of a maximum of two (2) certificates with a transfer ratio of two hundred fifty (250) square feet of floor area per each certificate. Refer to Chapter 26.535 for the procedures for extinguishing certificates. (ii) Extinguishment of unused floor area from another property. A property owner may increase the maximum floor area of a property for the purpose of increasing the size of an ADU by extinguishment of a maximum of five hundred (500) square feet of available un-built floor area from one (1) property to the ADU. 2. The additional floor area is a conversion of existing square footage which was not previously counted in floor area. (Example: storage space made habitable or the additional floor area creates a more desirable, livable unit with minimal additional impacts to the bulk and mass of the ADU structure. 3. The additional floor area creates a unit which is more suitable for caretaker families. 4. The increased impacts from the larger size are outweighed by the benefits of having a larger, more desirable ADU. 5. The area and bulk of the ADU structure, after the addition of the bonus floor area, must be compatible with surrounding uses and the surrounding neighborhood. 6. For the transfer of allowable floor area through the use of Historic Transferable Development Right Certificates, the certificates shall be extinguished pursuant to Chapter 26.535, Transferable Development Rights. 7. For the transfer of allowable floor area from a non-historically designated property to an ADU deed-restricted as a mandatory occupancy unit, the applicant shall record an instrument in a form acceptable to the City Attorney removing floor area from the sending property to the mandatory occupancy ADU. Exhibit C Staff Response to Review Criteria Special Review – Replacement of a Non-Conforming Structure Page 3 of 5 (d) Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the standards and requirements of the zone district in which it is located. (e) Unsafe structure. Any portion of a nonconforming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance and which is declared unsafe or unlawful by a duly authorized City official, but which an owner wishes to restore, repair or rebuild shall only be restored, repaired or rebuilt in conformity with the provisions of this Title. (f) Ability to restore. (1) Non-purposeful destruction. Any nonconforming structure that is Demolished, or portion thereof which is destroyed by an act of nature or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is submitted within twenty-four (24) months of the date of Demolition or destruction. (2) Purposeful destruction. Any nonconforming structure that is purposefully Demolished or portion thereof which is purposefully destroyed, may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming in regards to the permitted density of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is submitted within twelve (12) months of the date of demolition or destruction. a. Density replacement. A duplex or two (2) single-family residences on a substandard parcel in a zone district permitting such use is a nonconforming structure and subject to nonconforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the Code including single-family floor area requirements. Staff response: The application proposes to reduce or maintain existing nonconforming dimensional limitations including floor area and setbacks. Non-conforming structure in the setbacks is proposed to be reduced. Floor area is reduced despite an increase in the gross floor area of the structure by utilizing subgrade floor area exemptions. Reference full response to the request to continue a non-conformity below. Exhibit C Staff Response to Review Criteria Special Review – Replacement of a Non-Conforming Structure Page 4 of 5 Sec. 26.430.040. - Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below. (a) Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. (1) The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. Staff Response: The proposed development is consistent with the height and density of the zone district. The property currently exceeds the maximum allowable floor area permitted in the R-6 zone district by approximately 563 square feet of allowable floor area and projects into the front yard setback and eastern side yard setback.. The property is developed with a single family residence and a detached garage. Since the garage is accessed from the street where an alley is present, the garage floor area counts towards the allowable floor area in its entirety. The proposed renovation leads to an increase in gross floor area, primarily below grade. Due in part to subgrade wall area exemptions, the proposed calculated floor area is reduced. The renovation reduces the amount of development that is non-compliant with setbacks and the expansions to the building envelope comply with the zone district setback requirements. It is of note that the applicant is taking advantage of a portion of the Land Use Code that allows existing residential structures to add energy efficiency or fire protection upgrades to the wall assembly without being viewed as expanding a non-conforming structure (reference 26.575.020.e.1.c, Measuring Setbacks). The proposed renovation reduces or maintains existing nonconformities, which is permitted by code and brings the property closer to compliance with the intent and purposes of the zone district. Staff finds the criterion met. (2) The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. Staff Response: The proposed development will not have adverse impacts on the amount of traffic, parking, or shading. No view plane exists over this property that would be obscured. Staff finds the criterion met. Exhibit C Staff Response to Review Criteria Special Review – Replacement of a Non-Conforming Structure Page 5 of 5 (b) Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after Demolition or destruction, the following criteria shall be met: (1) The proposed development shall comply with the conditions of Section 26.430.040(a) above; Staff Response: The application involves demolition and replacement of portions of the existing non-conforming structure. Staff has found the proposed development to comply with the requirements of Section 26.430.040.a, reference responses above. (2) There exist special characteristics unique to the property which differentiate the property from other properties located in the same zone district; Staff Response: The project was developed in conformance with the code when it was built, and the proposed scope reduces or maintains non-conformities, which is permitted by the code. Staff finds the criterion met. (3) No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and Staff Response: All dimensions that are non-conforming with underlying zoning are reduced or maintained. Staff finds the criterion met. (4) Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. Staff Response: Literal enforcement of the dimensional provisions of the zone district would not prevent reasonable use of the property or a hardship, however, Staff has concluded that the code does not present the language that would require the applicant to eliminate the nonconformities, and the proposed renovation maintains or reduces nonconformities, which is permitted. Staff finds the criterion met.