Loading...
HomeMy WebLinkAboutExhibit D - Supplemental Application 5.22.20LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 E. HOPKINS AVENUE ASPEN, COLORADO, 81611 WWW.OKGKM.NET LEONARD M. OATES TELEPHONE (970) 920-1700 RICHARD A KNEZEVICH FACSIMILE (970) 920-1121 TED D. GARDENSWARTZ DIRECT (970) 544-1853 DAVID B. KELLY MARIA MORROW OF COUNSEL: smo@okglaw.com STEPHEN R. CONNOR ANNE MARIE MCPHEE SARAH M. OATES STEPHANIE HOLDER May 22, 2020 VIA E-MAIL Garrett Larimer, Planner II City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 Re: Lacet Subdivision – Amendment to Resolution No. 58 of 1994 Dear Garrett, As you are aware, the owners of Lacet Subdivision (“Applicant”) appeared in front of City Council on April 14, 2020, to request an amendment to Resolution No. 58 of 1994 (“Resolution 58”). Resolution 58 basically prohibits most projections into a 25’ buffer area between Lacet Subdivision and Riverside Subdivision that would normally be permitted in setbacks under Section 26.575.020(e)(5) of the Municipal Code. The Applicant requested that this restriction be lifted so that the regulations for Lacet Subdivision are consistent with the setback regulations on other properties in the City of Aspen (“City”). At the April 14, 2020 meeting, City Council expressed concern about certain projections into the setback such as pools and hot tubs. In order to address Council’s concerns, the Applicant is amending its request so that certain items would still remain prohibited in the setback. These items are as follows: • Hot tubs, pools, spas, etc. • Heating and AC units • Driveways • Parking • Trash and recycling areas I have provided a redline of the City Code outlining the projections in the Municipal Code which would not be permitted in the 25’ buffer area, attached hereto as Exhibit “A.” Noise and nuisance impacts to the neighbors in Riverside Subdivision, the most adjacent of whom have all consented to the modification to the 25’ buffer area, seemed of most concern to some of the Council members. The list OATES, KNEZEVICH, GARDENSWARTZ & KELLY P.C. Lacet Subdivsion – Amendment to Resolution 58 of 1994. May 22, 2020 Page 2 of exclusions above are some of the more intensive projections into the setback which are permitted. Other projections permitted into setbacks pursuant to the Municipal Code are relatively innocuous such as on-grade patios, utilities and building eaves and lightwells. Additionally, many of these projections already exist within the buffer area on the Lacet Subdivision lots which contain the restriction. Short of having regulations consistent with the rest of the City, the Applicant believes a selective list of allowed projections is the most appropriate solution. There are projections, many of which were approved with City building permits, that extend close to the property line of each of the Lacet Subdivision lots subject to the 25’ buffer. Neither Riverside Subdivision owners nor the Applicants want to see projections such as berms and fences, which are currently located along the common property lines, removed or prohibited. Please let me know if you have questions or need additional information. Sincerely, OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. /s/ Sarah M. Oates By___________________________________________ Sarah M. Oates Enclosures Exhibit A – Proposed Revisions to Setback Regulations to Amend Resolution 58 of 1994 25.575.020(e)(5) Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below ground except for the following allowed projections: a. Above or below ground utilities, including transformers and vaults, below-grade heating or cooling conduit or infrastructure such as a ground-source heat pump system, below-grade dry wells or other at-grade or below-grade drainage infrastructure. b. Trees and vegetation. c. Artwork, sculpture, seasonal displays. d. Flagpoles, mailboxes, address markers. e. Foundation footers, soil nails or below-grade tiebacks, and similar improvements necessary for the structural integrity of a building or other structures. f. The minimum projection necessary to accommodate exterior mounted utility junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and including any protective structure as may be required by the utility provider. g. Building eaves, bay windows, window sills, and similar architectural projections up to eighteen (18) inches as measured from the setback boundary. h. The minimum projection necessary to accommodate light wells and exterior basement stairwells as required by adopted Building or Fire Codes as long as these features are entirely recessed behind the vertical plane established by the portion of the building façade(s) closest to any Street(s). If any portion of the feature projects into the setback, the entire feature may be no larger than the minimum required. Features required for adjacent subgrade interior spaces may be combined as long as the combined feature represents the minimum projection into the setback. There is no vertical depth limitation for these features. This exemption does not apply to Areaways. This exemption does not apply to light wells and exterior basement stairwells which are not required by adopted Building or Fire Codes. i. The minimum projection necessary to accommodate an exterior-mount fire escape to an existing building, as may be required by adopted Building or Fire Codes. j. Uncovered porches, landscape terraces, slabs, patios, walks and similar features, which do not exceed six (6) inches vertically above or below the surrounding finished grade for the entire feature. k. Landscape walls, berms, retaining walls, stairways and similar structures, which do not exceed thirty (30) inches vertically above or below the lower of natural or finished grade Improvements may be up to thirty (30) inches above and below grade simultaneously, for up to a sixty (60) inch total. Improvements may exceed thirty (30) inches below grade if determined to be necessary for the structural integrity of the improvement. (See Figure 16). Berms are prohibited in the front yard setback. l. Drainage swales, stormwater retention areas, bio retention areas, rain collection systems, and similar stormwater retention, filtration or infiltration devices or facilities are permitted in setbacks as long as the finished grade of the top of the improvement does not exceed thirty (30) inches vertically above or below the surrounding finished grade. Stormwater improvements or portions thereof may be buried and exceed thirty (30) inches below grade as long as the finished grade above the facility does not exceed thirty (30) inches vertically above or below the surrounding finished grade. These features may be up to thirty (30) inches above and below finished grade simultaneously. Exhibit A – Proposed Revisions to Setback Regulations to Amend Resolution 58 of 1994 m. Hot tubs, spas, pools, water features, and permanently affixed outdoor grills, furniture, seating areas, and similar permanent structures shall have the following requirements: 1. Prohibited between any lot line adjacent to a street and any structure; and 2. Shall be located at least double the minimum setback for a primary structure from any lot line adjacent to a street; and 3. If visible from the street, these features shall be screened in accordance with Section 26.575.050, Fences ; and 4. If located within a setback not adjacent to a street, these features shall not exceed thirty (30) inches above or below finished grade. These features may be up to thirty (30) inches above and below finished grade simultaneously. Improvements may exceed thirty (30) inches below grade if necessary for the structural integrity of the improvement. n. Heating and air conditioning equipment and similar mechanical equipment shall have the following requirements: 1. Prohibited between any lot line adjacent to a street and any structure; and 2. Shall be located at least double the minimum setback for a primary structure from any lot line adjacent to a street; and 3. If visible from the street, these features shall be screened in accordance with Section 26.575.050, Fences ; and 4. If located within a setback not adjacent to a street, these features shall not exceed thirty (30) inches above or below finished grade. These features may be up to thirty (30) inches above and below finished grade simultaneously. The Community Development Director may approve exceptions to the requirements of m) and n) above. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable option exists. Approval shall be in the form of a recordable administrative determination. Exhibit A – Proposed Revisions to Setback Regulations to Amend Resolution 58 of 1994 o. The height and placement of energy efficiency or renewable energy production systems and equipment which are located adjacent to or independent of a building shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430—Special Review. These systems are discouraged between any lot line adjacent to a street and any structure. For energy production systems and equipment located on top of a structure, see Subsection (f)(4). p. Fences and hedges less than forty-two (42) inches in height, as measured from finished grade, are permitted in all required yard setbacks. Fences and hedges up to six (6) feet in height, as measured from finished grade, are permitted only in areas entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the Street. This restriction applies on all Street-facing facades of a parcel. (Also see Section 26.575.050—Supplementary Regulations for limitations on fence materials.) q. Driveways not exceeding twenty-four (24) inches above or below finished grade within any setback of a yard facing a Street. Within all other required setbacks, finished grade of a driveway shall not exceed thirty (30) inches above or below finished grade. r. Parking may occur in required setbacks if within an established driveway or parking area and the curb cut or vehicular access is from an alleyway, if an alleyway abuts the property, or has otherwise been approved by the City. s. Non-permanent features which are not affixed to the ground such as movable patio furniture, outdoor seating or a picnic table, barbeque grills, children's play equipment, and similar non- permanent features which are not affixed to the ground. This exemption shall not allow storage sheds or containers. t. Wildlife-resistant Trash and Recycling enclosures located in residential zone districts shall be prohibited in all yards facing a Street. These facilities may be placed within non-street facing yards if the enclosure is the minimum reasonably necessary in both height and footprint, is an unconditioned space not integrated with other structures on the property, and serves no other purpose such as storage, garage space, or other purposes unrelated to protecting wildlife. Wildlife-resistant trash and recycling enclosures located in commercial, mixed-use, or lodging zone districts are not exempt from setback requirements and shall comply with zone district requirements for Utility/Trash/Recycle areas.