HomeMy WebLinkAboutStaff Memo_401 W Francis_Replacement of Nonconformities
MEMORANDUM
TO: City of Aspen Planning and Zoning Commission
FROM: Sophie Varga, Planner I
THROUGH: Ben Anderson, Community Development Director
MEMO DATE: September 9th, 2024
MEETING DATE: September 17th, 2024
RE: Request for Special Review to Replace a Nonconforming Structure
REQUEST OF THE PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission (P&Z) is asked to review, consider, and approve
a request for Special Review to Replace a Nonconforming Structure.
SUMMARY AND BACKGROUND:
The Applicant is proposing a remodel and
renovation of an existing home at 401 W.
Francis St. The current residence was built in
the 1980s and is a legally established
structure. Since this property was developed,
the Land Use Code’s dimensional allowances
have changed. Portions of the residence are
developed within the current Medium Density
Residential (R-6) Zone District setbacks and
over the allowable floor area. To proceed, the
proposal requires Special Review to Replace
a Nonconforming Structure to maintain and
reduce the nonconforming floor area and
encroachments into the setback. Staff finds
the application to meet the applicable review
criteria and recommends approval of the
request. The Planning and Zoning
Commission is the final decision-making
authority for this review.
STAFF DISCUSSION:
Replacing nonconforming aspects of a structure is subject to Special Review and may be
allowed to be replaced or reduced if certain review criteria are met. Staff’s perspective
on the authority to continue a nonconformity is shaped by two primary aspects - the intent
of the code and the review standards. The purpose statement (Section 26.312.010) of the
Nonconformities chapter states:
Figure 1: Property Location
Staff Memo, 401 W. Francis St.
Special Review to Replace a Nonconforming Structure
Page 2 of 3
“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.”
The Nonconformities chapter also includes language regarding Purposeful Destruction,
Section 26.312.030.F.2:
“Purposeful destruction. Any nonconforming structure which is purposefully demolished or
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…”
401 W. Francis St. is proposing to impact two nonconforming dimensional limitations on
the property. The proposal replaces and reduces the nonconforming calculated floor area
for the property while increasing the gross floor area by converting an existing crawl space
into a full basement and changes on the first floor. The proposal also replaces
nonconforming structure that encroaches into the setback. It is of note that it appears that
the projection into the front and sideyard setbacks is increasing. While that is accurate, it
is not viewed as an increase to the nonconforming aspect of the structure. The proposal
includes upgrades to the energy efficiency of the structure by adding exterior insulation.
This is in accordance with 26.575.020.e.1.c, Measuring Setbacks:
“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.”
The expanded basement and adjustments to above grade massing are fully compliant
with underlying zoning setback requirements. Existing walls that encroach into the
setback are either maintained or moved farther away from the property line.
Staff Memo, 401 W. Francis St.
Special Review to Replace a Nonconforming Structure
Page 3 of 3
RECOMMENDATION: Staff recommends that the Planning and Zoning Commission
approve this request. The Special Review request to continue the nonconforming
structure meets the language of the code. The attached resolution is written in the
affirmative, and staff recommends P&Z approve the resolution.
EXHIBITS:
Exhibit A – Application
Exhibit B – Approved Drawings
Exhibit C – Staff Response to Review Criteria
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’
Table 1: Nonconforming dimensional limitations