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HomeMy WebLinkAbout0087.2012.ASLU 0087.2012.ASLU/Disc 1/2011 land use app form-2 12-18-12.pdfCITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 –LAND USE APPLICATION PROJECT: TYPE OF APPLICATION: (please check all that apply): Name: Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name: Address: Phone #: GMQS Exemption Conceptual PUD Temporary Use GMQS Allotment Final PUD (& PUD Amendment) Text/Map Amendment Special Review Subdivision Conceptual SPA ESA – 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane Subdivision Exemption (includes condominiumization) Final SPA (& SPA Amendment) Commercial Design Review Lot Split Small Lodge Conversion/ Expansion Residential Design Variance Lot Line Adjustment Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $_________ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5” X 11” must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 0087.2012.ASLU/Disc 1/2011 land use app form-3 12-18-12.pdfCITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing:__________Proposed:__________ _________ Number of residential units: Existing:__________Proposed:___________________ Number of bedrooms: Existing:__________Proposed:___________________ Proposed % of demolition (Historic properties only):__________ DIMENSIONS: Floor Area: Existing:_________Allowable:__________Proposed:________ Principal bldg. height: Existing:_________Allowable:__________Proposed:________ Access. bldg. height: Existing:_________Allowable:__________Proposed:________ On-Site parking: Existing:_________Required:___________Proposed:________ % Site coverage: Existing:_________Required:___ ________Proposed:________ % Open Space: Existing:_________Required:___________Proposed:________ Front Setback: Existing:_________Required:___________Proposed:________ Rear Setback: Existing:_________ Required:___________Proposed:________ Combined F/R: Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Combined Sides: Existing:_________Required:___________Proposed:________ Distance Between Buildings Existing ________Required:__________Proposed:_____ Existing non-conformities or encroachments:___________________________________ _________________________________________________________________ ______ Variations requested: ______________________________________________________ ________________________________________________________________________ 0087.2012.ASLU/Disc 1/Applicant's Name & Representative.pdf 0087.2012.ASLU/Disc 1/deposit check.pdf 0087.2012.ASLU/Disc 1/Leiner Deck remodel Variance Request.pdf                                                              The Applicant, Michael Leiner seeks a dimensional variance for a deck remodel on his third floor condominium Unit J. The project is located in the Durant Mall Condominium building as an existing mixed use building constructed in 1976. The building is a non-conforming structure in the Neighborhood Commercial zone district per the City of Aspen, Title 26: Land Use Code as follows: 1. Allowable FAR 2. Front, rear, side yard set backs The condominium unit has two legally constructed existing decks located on the west and south sides. The south deck currently extends to the east and south property lines. As such, they do not conform to current 5'-0" front and 5'-0" side yard setback requirements. The west deck is not subject to setback requirements. Refer to Exhibit 1 and 2 for existing conditions. Deck Existing Area (s.f.) Proposed Area (s.f.) South 346.5 383.6 West 96.5 50.2 Total 443.0 433.8 The proposed deck remodel consists of filling in a gap along the south deck and removing a portion from the west deck, thereby transferring a portion of the existing west deck FAR to the south deck. A dimensional variance of a zero setback is requested along the south and east property lines to achieve this. Refer to Exhibit 3 and 4 for proposed changes.     As a project located in the Neighborhood Commercial zone district, it is subject to Commercial Design Review (City of Aspen, Title 26: Land Use Code Chapter 26.412) and Commercial Design Standards (Section 26.412.060). The applicant requests exemption from Commercial Design Review on the basis that the proposed remodel represents a minimal change to the exterior of the existing building (Section 26.412.020) and does not change the existing building's commercial district scale, character, public amenity spaces, uses, existing storefronts or alleyways. 0087.2012.ASLU/Disc 1/Leiner Site Plan.pdfC:\Users\Norman Tai\Documents\TDC PROJECTS\2012.01 Leiner\Drawings\2012.01 Leiner S01 site plan SITE PLAN (1) 0087.2012.ASLU/Disc 1/PRE-APPLICATION CONFERENCE SUMMARY 9-13-2012.pdf CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: 9/13/2012 PROJECT: 720 E. Durant REPRESENTATIVE: Norm Tai, Tai Design Consultants TYPE OF APPLICATION: Dimensional Variance DESCRIPTION: The applicant requests a setback variance to allow a deck to be constructed on the south side of the building. The proposed deck will essentially fill in a piece between two existing third story decks on the south side of the property. The total development is over its allowable FAR; however, no increase in net leasable is being proposed for the project. Rather, existing FAR will be removed on the site from the west side of the development and transferred to the desired area. This property is located in the Neighborhood Commercial (NC) zone district. This district requires a five foot setback for the front, side, and rear yards of the property. The proposed deck will be within the five foot setback. As previously mentioned, there are two legally established, non-conforming decks already in existence within this area. However this non-conformity may only be increased with the granting of a setback variance. This variance requires an approval from the Planning and Zoning Commission. The proposal will also undergo Commercial Design Review. As a minor improvement to the site, the Applicant may request an exemption from Commercial Design Review, provided that the criteria are met for this condition. Below is a link to the Land Use Application Form for your convenience: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2011%20land%20use %20app%20form.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.314 Variance from dimensional requirements 26.412 Commercial Design Review http://www.aspenpitkin.com/Departments/Community-D evelopment/Planning-and-Zoning/Title26-Land-Use-Code/ Review by: 1) Community Development Staff for complete application and recommendation 2) Planning and Zoning Commission for Commercial Design Review (or Exemption) and Dimensional Variance. Public Hearing: Required Planning Fees: $1,890 Planning & Zoning Commission review. This includes six (6) hours of staff review time. Additional time over six (6) hours will be billed at $315 per hour Referral Fees: None. Total Deposit: $1,890 Total Number of Application Copies: 10 Copies Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2) To apply, submit the following information Total Deposit for review of application. Pre-application Conference Summary. Applicant’s name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. A site plan, floor plans and elevations depicting the proposed layout and the project’s physical relationship to the land and its surroundings. Completed Land Use application and signed fee agreement. An 8 1/2” x 11” vicinity map locating the subject parcels within the City of Aspen. A written description of the variance being requested. Ten copies of the Land Use Application and all additional materials. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 0087.2012.ASLU/Disc 1/Vicinity Map.pdfC:\Users\Norman Tai\Documents\TDC PROJECTS\2012.01 Leiner\Drawings\2012.01 Leiner A101 VICINITY MAP (1) 0087.2012.ASLU/Disc 1/Written OE Report.pdf Stewart Title - Aspen 620 East Hopkings Avenue Aspen, CO 81611 WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT Order No. 01330-17194 Date: December 04, 2012 Customer Reference: 720 East Durant Avenue Condominium Unit E13 Aspen, CO 81611 LEGAL DESCRIPTION: Condominium Unit E-13, together with Parking level Commercial Unit No. P-7 THE DURANT MALL (A CONDOMINIUM) according to the Condominium Map thereof recorded February 6, 1976 in Plat Book 4 at Page 565 as Reception No. 181398, and as further defined and described in the Condominium Declaration for The Durant Mall (a condominium) recorded February 6, 1976 in Book 308 at Page 518 as Reception No. 181397 COUNTY OF PITKIN, STATE OF COLORADO APPARENT OWNER OF RECORD: Michael Leiner and Rose Ann Leiner Deeds of Trust, Mortgages and Liens which purport to affect the above described property, as disclosed by the records of the Clerk and Recorder of Pitkin County, Colorado, through the effective date of November 01, 2012: The liability of Stewart Title, its affiliates and associates, for any errors or omissions affecting or relating to the information appearing in this report is strictly limited to the amount paid for this report. The aforementioned liability is limited to the customer who ordered this report. There are no expressed or implied warranties assuring or representing that this report is reliable for title information, and therefore, should be verified by a Commitment for Title Insurance. No representation is made as to the completeness, validity, or legal sufficiency of the documents referenced herein, nor have any of such documents been examined to determine whether or not there are any exceptions, reservations, encumbrances or other matters which might be detrimental to Title. No search has been made for any reservations, restrictions, covenants, easements, rights of way, mineral interests, water rights, and any other encumbrances which are not a deed of trust, mortgage of lien. ____________________________________________ Linda Williams Authorized Representative of Stewart Title Order No.: 01330-17194 Written OE Report STCO Page 1 of 1 0087.2012.ASLU/Disc 2/DMCA - Proposed Improvements-Authorization.pdf 0087.2012.ASLU/Disc 2/Leiner Deck remodel Standards Applicable to variances 1-4-13.pdf                                                             The Applicant, Michael Leiner seeks a dimensional variance for a deck remodel on his third floor condominium Unit J. Refer to TDC memo dated December 18, 2012. 26.314.040A Standards applicable to variances: The applicant considers the granting of the dimensional variance to be consistent with the purposes, goals, objectives of the City of Aspen, Colorado, Title 26: Land Use Code. The grant of variance is minimal, allowing the applicant reasonable use the property. The grant of variance does not confer upon the applicant any special privilege, since the variance requested allows the applicant the same use as other existing properties in the Neighborhood Commercial zone, which have zero set back conditions; i.e. residential outdoor decks.