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HomeMy WebLinkAboutLot 3 Arthur O'Pfister Subdivision_Memo_01072021 Page 1 of 4 MEMORANDUM TO: City of Aspen Board of Adjustment FROM: Garrett Larimer, Planner II THRU: Bob Narracci, Zoning Administrator RE: Lot 3, Arthur O. Pfister Subdivision, Permitted Use Variance Review Resolution No. 01, Series of 2021 MEETING DATE: January 14th, 2021 APPLICANT: Daniel Thomas Van Voorhis Revocable Living Trust, 2015 Spring Road, Suite 600 Oakbrook, IL 60523 REPRESENTATIVE: Chris Madigan, Madigan and CO., P.O. Box 9682, Aspen, CO 81611 LOCATION: Lot 3, Arthur O’Pfister Fully Developed Lands Subdivision (Arthur O’Pfister Subdivision), Address TBD, Lazy Chair Ranch Rd., PID# 2735-113-02-003 CURRENT ZONING AND USE: Rural Residential (RR), Undeveloped Parcel Lot Size: 2 Acres SUMMARY OF REQUEST: The Applicant requests a Permitted Use Variance to allow for construction staging on Lot 3, during the re-development of Lot 2 (Off-site construction staging). STAFF RECOMMENDATION: Staff recommends the BOA approved the requested Permitted Use Variance, with conditions. FIGURE 1: CURRENT CONDITIONS Lot 2 (511 Lazy Chair Ranch Rd.) Lot 3 (Subject Site) Page 2 of 4 REQUEST OF THE BOARD OF ADJUSTMENT: The Applicant is requesting the following approval from the Board of Adjustment (BOA): • Variance (Chapter 26.314) to grant a Permitted Use Variance for off-site construction staging (The Board of Adjustment is the final review authority). BACKGROUND AND EXISTING CONDITIONS: The subject site is Lot 3 of the Arthur O. Pfister Subdivision. The property is 2 acres and is zoned Rural Residential (RR). The property is currently undeveloped. Figure 2 & 3: Subject Property Location: 511 Lazy Chair Ranch Road, Lot 2, received 8040 Greenline Approval by the Planning and Zoning Commission (P&Z) to redevelop the site (Resolution No. 03, 2020). Lot 2 and Lot 3 are under the same ownership. REQUEST: The Applicant requests approval for a Permitted Use Variance to allow for off-site construction staging on Lot 3, for the re- development of Lot 2. No permanent development is proposed on Lot 3. All construction staging will be located within the extents of the platted building envelope (see Figure 4). Once construction is complete for Lot 2, all staging will cease and Lot 3 will be re-vegetated and will remain undeveloped. Figure 4: Lot 3 Building Envelope Page 3 of 4 REVIEWS PERMITTED USE VARIANCE: In order to meet the Review Criteria and qualify for a Permitted Use Variance, 5 criteria must be met: 1. Proper notice of the request and public hearing must have been provided to surrounding property owners. 2. Not approving the variance would result in a hardship and would render the property undevelopable. 3. The off-site construction staging must not have significant negative impacts on the neighborhood. 4. The property needs to be owned by the same owner, or written permission must be granted by the owner of the lot in which the construction staging is to occur. 5. The site must be restored to its original condition. STAFF COMMENTS Site constraints make construction staging on Lot 2 difficult. Lot 2 and Lot 3 are at the end of Lazy Chair Ranch Road. This is a single lane private road and dead ends into Lot 2. Lot 2 (511 Lazy Chair) has steep slopes, vegetation, and a building envelope that restrict development and use of the site for construction staging. Lazy Chair Ranch Rd. is narrow and would not be able to accommodate parking and leave room for access to Lot 2. The impacts of the off-site construction staging would have a minimal impact on the neighborhood. Both lots are isolated at the end of a dead-end private road with no adjacent residential neighbors. One other residential lot is developed on Lazy Chair Ranch Rd. at the Tiehack Rd. intersection. The site is surrounded by Maroon Creek Club Open Space and a parcel containing City of Aspen utility infrastructure. The impacts of the off-site staging request are minimal and reasonable. Use of Lot 3 for development was contemplated and approved during the original approval of the subdivision. Lot 3 contains a platted envelope and all construction staging will occur within that envelope. Conditions of approval are included to ensure impacts during and after construction are appropriately mitigated. Approval of a tree protection, erosion control, and revegetation plan, as well as defining the limits of disturbance, are included as a conditions of approval to be addressed during the building permit review for 511 Lazy Chair Ranch Rd. There is an active building permit for Lot 2 in for review at this time. The site will have to be fully restored prior to issuance of a Certificate of Occupancy for 511 Lazy Chair Ranch Rd.. Staff feels the request meets the review criteria, is reasonable given the site context, is consistent with conditions of the approved subdivision, and would have minimal impacts on the neighborhood. Additionally, Lot 2 and Lot 3 are under the same ownership, so the logistics are manageable. REFERRAL AGENCIES Staff consulted with the City Parks and Engineering Departments and each agree with Staff’s position - supporting a recommendation of approval with conditions. Conditions of approval included in the draft resolution that address their comments. RECOMMENDATION: Staff has found the application to meet all review criteria and recommends approval with conditions. Staff recommends all details for the Lot 3 staging site are outlined, reviewed, and approved during the building permit process for 511 Lazy Chair Ranch Rd. ALTERNATIVE: If the BOA disagrees with any proposed conditions of approval in the resolution and wishes to amend the proposed Resolution by removing conditions of approval, staff requests the BOA continue the hearing to ensure the Parks and Engineering Department have an opportunity to weigh in on and respond to the proposed changes. Page 4 of 4 PROPOSED MOTION (All motions are proposed in the affirmative): “I move to approve Resolution No. 01, Series 2021, approving a permitted use variance to allow for off- site construction staging for the redevelopment of Lot 2, on Lot 3, with conditions.” ATTACHMENTS: Exhibit A – Variance Review Criteria, Staff Findings Exhibit B – Application Exhibit C – Public Notice Affidavit