HomeMy WebLinkAboutPZ Staff Presentation_0917_401 W FrancisSpecial review for replacement of nonconforming structure
401 W. Francis St.
Sophie Varga, Zoning Administrator September 17, 2024
“Within the Zone Districts established by this Title, there exist uses of land,
buildings and structures that were lawfully established before this Title was
adopted or amended which would be in violation of the terms and
requirements of this Title. The purpose of this Chapter is to regulate and
limit the continued existence of those uses, buildings and structures that
do not conform to the provisions of this Title as amended.
It is the intent of this Chapter to permit nonconformities to continue, but
not to allow nonconformities to be enlarged or expanded. The
provisions of this Chapter are designed to curtail substantial investment in
nonconformities in order to preserve the integrity of the zone districts and
the other provisions of this Title but should not be construed as an
abatement provision.”
Nonconformities Chapter- Purpose
•401 W. Francis St.
•Single Family Residence built in the 1980s
•R-6 Zone District
•Code changed, structure is now over allowable
floor area and projects into the setback
•Propose to replace nonconforming floor area and
small portions of structure in the setback
Background and Summary
Sec. 26.430.040.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.
Review Standards for Special Review
Sec. 26.430.040.b, Replacement of Nonconforming Structures.
(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
(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.
Review Standards for Special Review
“For existing single-family, duplex and multi-family residential structures
that encroach into the setback and propose energy efficiency of fire
protection upgrades on the exterior of the structure, a maximum of eight
(8) inches of all exterior veneer such as brick, stone or other exterior
treatments, including fire proofing, exterior insulation, and any
methods of attachment for insulation, may be added to the wall
assembly without being considered a nonconformity and triggering
compliance with Chapter 26.430, Nonconformities. In any instance
where the addition of exterior improvements result in a setback of five (5)
feet or less, the Community Development Director shall evaluate site
context to ensure the improvements are appropriate and compliant with
building codes.”
Measuring Setbacks (Sec. 26.575.020.e.1.c)
m a d W
- G
I■
II�_IC III �
11111
CITY OFASPEN
3
10'-0"
SETBACK
9'-3 7116"
PROPOSED
�1-4 181/256" 6'-7 751256
"
EXISTING
9'-811/16" i
EXISTING
Dimensional Limitations Table
Dimensional Limitation Allowable Existing Proposed
Floor Area 3,237 sq. ft.3,800 sq. ft.3,710 sq. ft.
Minimum Front Yard
Setback
10’9’4”8’11”
Minimum Side Yard
Setback
West: 5’
East: 10’
West: 5’3”
East: 6’7”
West: 4’9”
East: 9’9”
Combined Side Yard
Setback
15’11’10”14’
Staff recommends that the Planning and
Zoning Commission approve the request to
replace nonconforming structure at 401 W.
Francis St.