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Home My WebLink AboutLand Use Case.934 W Francis St.A099-98 ~ ~ ,-.., ,-.., ASPEN PLANNING & ZONING COMMISSION DECEMBER 15,1998 COMMISSIONER. STAFF AND PUBLIC COMMENTS .....................................................................................1 MINUTES.....................................................................................................................................................................2 DISCLOSURl' OF CONFLICTS OF INTEREST ...................................................................................................2 934 WEST FRANCIS. LOTS 1 & 2 HOWER SUBDMSION. AMENDMENT TO CONDITIONAL USE APPROVAL FOR 2 ADUS.......................................................................................................................................25 BURLINGAME SEASONAL HOUSING. CONCEPTUAL PUD...........................................................................5 9 ~ .'"' ASPEN PLANNING & ZONING COMMISSION DECEM:BER 15, 1998 Sara Garton, Chair, opened the regular Planning & Zoning meeting at 4:35 p.m. Commissioners Steve Buettow, Ron Erickson, Tim Mooney, Tim Semrau, Bob Blaich, Roger Hunt and Sara Garton were present. Jasmine Tygre was excused. City Staff in attendance were: David Hoefer, Assistant City Attorney; Chris Bendon, Mitch Haas and Julie Ann Woods, Community Development; Jackie Lothian, Deputy City Clerk. COMMISSIONER, STAFF AND PlffiUC COMMENTS Bob Blaich congratulated Mitch Haas on being appointed the interim deputy director for Community DevelopmeI?-t. Tim Semrau noted if the commissioners were not happy with the ADU portion of the land use code, why don't they change it. Sara Garton responded that council passed was when the residence received aFAR bonus for an ADU, then the ADU must be occupied. She said per the City Attorney, John Worcester, until the case from Telluride was closed, there would be no changes to the code. David Hoefer, Assistant City Attorney, noted it was advisable to keep things the way that they are; he thought everyone was aware of the concerns and thought the case would be resolved in favor of local jurisdiction. Semrau noted that this could take a while and suggested changing the rules in the interim. Garton asked ifP&Z could draft a resolution to council that no more ADUs come through P&Z until the rules have changed. Hoefer suggested a work session to discuss ADUs. Haas suggested the 1/19/99 date for the ADU work session. Erickson noted the AACP did not intend ADUs to be subterranean. Semrau agreed with that; he said let's change it. Erickson said sub-standard living conditions may have nothing to do with the code. Mooney stated the commission moved ahead with the FAR bonus but that back-fired. Hoefer distributed the land use section of the code on ADUs and the check list of criteria for review. Garton requested for a count of ADUs approved. The commission did not understand why John Worcester did not respond to what the commissioners requested fromthe 12/08/98 meeting minutes. Garton stated this was her last meeting; she said the last eight years have been the most enlightening and gratifying things she has ever done. She noted the next meeting will include an election of a new P&Z chairperson. Hoefer noted on behalf of staff, thank you. Blaich stated the commission owed Sara a debt of gratitude. Blaich stated there will be a party in Sara's honor after the first of the year at his home. 1 ,-.., ,-.., ASPEN PI,ANNING & ZONING COMMISSION DECEMBER 15, 1998 MINUTES MOTION: Roger Hunt moved to adopt the minutes from April 21, 1998. Ron Erickson second. APPROVED 7-0. DISCLOSURE OF CONFLICTS OF INTEREST None. PUBLIC HEARING; 934 WEST FRANCIS, Lots 1 & 2 HOWER SUUDIVISION, AMENDMENT TO CONDITIONAL USE APPROVAL FOR 2 ADUs David Hoefer, assistant city attorney, stated for the record the affidavit provided the jurisdiction requirements to proceed with the public hearing. He said the Parks Department will not accept a tree removal permit resulting in the current design not being able to be built. Hoefer said the applicant may wish to continuethe public hearing in order to meet with Parks to discuss the issues. Mitch Haas, acting deputy directory, stated that he spoke to Stephen Ellsperman, city forester, less than an hour ago regarding this issue. Ellsperman told Haas there were two very large aspen trees on the eastern side of the east lot that would not be issued a tree removal permit for either of those trees, therefore the current layout would not work. Haas noted the applicant had not heard any of these new issues until now. Dale Hower, applicant, stated theADU's will not be changed; the entire house would be moved 10 feet away from the trees drip lines. She wanted to proceed tonight. Haas noted there were the standard tree conditions and would be approved with a different site plan than what was proposed. Garton asked the commissioners if they could approve the review for the 2 ADUs below ground by adding a condition to make it very clear. Hoefer stated there would have to be a condition for a new site plan acceptable to all departments. Haas explained the when the applicant realized that the structures would have to be fire sprinkled, they redesigned the buildings so there would not be any additional FAR. Haas stated the ADUs were previously located above the garages but now were located below the garages. The re-designed buildings took away some ofthe gross floor area now containing 3,331 square feet on Lot 1 and 3,239 square feet on Lot 2. Haas said the ADUs were now 331 square feet with access off the alley from their parking spaces. 2 "-', ~ ASPEN PLANNING & ZONING COMMISSION DECEMBER 15, 1998 Haas noted there was not room for light wells around the sides; the light to the ADUs would come in through the windows and doors in the stairwells. There was no FAR request; therefore it was no longer mandatory occupancy but the units would be deed restricted. Garton asked for housing referral comments. Haas replied they did not request any comments from housing because the units were basically the same except below grade and the conditions would remain the same. for the ADUs. He said the sound attenuation condition would remain. Roger Hunt questioned where the snow shedding condition would appear. Haas replied under condition #5. Tim Mooney requested the floor plans be reviewed because the door was to the left of the window and was in a different location on the elevations map. He inquired about other egress to the ADUs because 4 feet of snow could shed from the roofs and pile up against the door down in that hole. Rich Pavcek, architect, stated there were snow cleats, snow melt on the entry and stairways and dry wells. He stated if window wells were added the entryway to the ADU;the ADUs would be smaller to compensate for the added square footage needed for the window wells. Haas noted adding a window next to the door would add light into the unit. There was discussion on how to obtain more light into the eastern unit, the trees and their life span, the prior approval regarding square footage and FAR, alternative designs for ADUs concerning light and entrances. Erickson asked if the houses could have kept the prior design with ADUs above the garages and reduce the houses by 300 square feet. Hower replied no; she said her children could live below grade in the ADU. Erickson noted it was one thing living below grade and having the rest of the house to play around in rather than just living below, subterranean, with that being the only space that you have. No public comment. MOTION: Roger Hunt moved recommend to City Council to approve the application for Amendment of the Conditional Use approval in Resolution 98-23 for two (2) ADUs at 934 West Francis (Lots 1 and 2 of the Hower Subdivision Exemption Plat) with the 11 conditions outlined in P&Z Resolution 98-39; 1. Prior to the issuance ofany building permits the applicant shall: a. Verify with the Housing Office that the net livable floor area of each Accessory Dwelling Unit will be between 300 and 700 square feet, and the units shall be totally private, having private entrances and no rooms (i.e., mechanical rooms, etc.) that might need to be accesse.d bypeople in the principle residences; b. Verify with the Housing Office that each ADU will contain aldtchen having a minimum of a two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c. Provide tbe Housing Office with a signed and recorded Deed Restriction, a copy of which must be 3 ~ ASPEN PLANNING & ZONING COMMISSION .r-, DECEMBER 15, 1998 . obtained from tbe Housing Office, for eacb of the two ADUs; d. Clearly identify the Accessory Dwelling Units (ADUs) on building permit plans as separate one-bedroom units, separated from the primary residences; e. Provide a minimum of one 8.5' x 20' on-site parldng space for each ADU, and indicate these designated parldng spaces on the final plans; f. Install any new surface utilities. requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within t!te public rights-of-way; g. Locate any additional proposed construction, including trash facilities, in such a way that it does not encroach into an existing utility easement or public right-of- way; h. Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights-of-way; the agreement shall be executed and recorded concurrently upon approval of this application; i. Submit worldng drawings to verify all height, setback, site coverage, and floor area calculations, as well as lot size and lot area calculations; j. Complete and record a Sidewalk, Curb & Gutter Agreement; k. A tap permit(s) must be completed at the office of the Aspen Consolidated Sanitation District; payment of the total connection charges shall be made prior to the issuance of a building permit; I. If either building is found to contain 5,000 square feet or more of gross area, approval and subsequent installation of an automatic fire suppression system will be required; m. Verify that the proposed plans for the ADUs will comply with all UBC requirements including but not limited to those addressing natural light and ventilation standards, as well as sound attenuation walls both between each ADU . and the principal residences and between each ADU and the garages located above them; and, n. Submit bllilding permit drawings which indicate all utility meter locations; utility. meter locations must be accessible for reading and may not be obstructed by trash storage. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage. o. Provide all conditions of approval, as indicated in the approved Resolution, as notes on the building permit application pIau sets. 2. Prior to the issuance ofa Certificate of Occupancy (CO), the applicant shall: a. Submit as-built drawings of the project showing property lines, building footprints, easements, any encroacbments, entry points for utilities entering property boundaries and any other improvements to the Aspen/Pitldn County Information Systems Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; b. Permit Community Development Department, Engineering, and Housing Office staff to inspect the property to determine compliance witb the conditions of approval; and c. Provide the Community Development Department with as-built drawings for keeping in the planning case file records, 3. In the event required, the applicant must receive approval from: The City Engineer for design of improvements, including landscaping, within public rights-of-way; The Parks Department for vegetation species, tree removal, and/or public trail disturbances; The Streets Department for mailboxes and street cuts; and, The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the doors and the area in front of the doors to the ADUs; sufficient means of preventing icing ofthe stairway is also required. 6. Prior to the issuance of any building permits, any needed tree removal permit(s) must be obtained from the Parks Department for any tree(s) tbat is/are to be removed or relocated (including scrub oaks ofthree (3) inches or greater); also, no excavation can occur within the dripline ofthe tree(s) to be preserved and no storage offill 4 ~. ~ ASPEN PLANNING & ZONING COMMISSION DECEMBER) 5, 1998 material can occur within this/these dripline(s). The applicant shall also make a good faith effort in worldngwith the Parks Department to preserve the trees numbered as 8, 13, and 14 on the Site Improvement Survey. 7. The site development.must meet.the runoff desigu standards of the Land Use Code at Section 26.88.040(C)( 4)(1), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado.. 8. In the driveways that serve as access to the garages of the primary residences, only parallel parldng shall be permitted, and staudard bead-in/out parldng in thesedriveways is prohibited due to inadequate depth. This shall be noted on tbe Building Permit application plan set, and on the as-built plan sets required before.issuance ofa.Certificate of Occupancy. 9. All fencing located forward of the front setback lines of botb lots shall be visually permeable with a heigbt not to exceed four (4) fee. from finished grade. 10. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adbered to and .shall be considered conditions of approval, unless otherwise amended by an entity having authority to do so. 11. Prior to building permit application, tbe final site plan shall be reviewed for approval by the Community Development Director; .if changes to tbe plan are considered by tbe Director as being too substantial for an administrative approval, the project shall be referred back to the Planuing and Zoning Commission; finding the standards for conditional use have been met. Bob Blaich second. Roll call vote: Semrau, yes; Buettow, yes; Mooney, yes; Erickson, no; Blaich, yes; Hunt, yes; Garton, yes. APPROVED 6-1. ACTION ITEM: BURLINGAME SEASONAL HOUSING, CONCF,PTUAL PUD Chris Bendon, staff, stated this was not a public hearing; conceptual PUD goes through P&Z and then to Council; the public hearings are at the Final PUD with P &Z and Council. He said Growth Management was .part of the final. Sara Garton inquired, from the commissioner comments, who was the applicant. Bendon replied that the city was the owner of the property and have given the authority for the Music Associates and SkiCo to submit an application; Jim Curtis and Tom Baker were the representatives for MAA and SkiCo. The property had not been subdivided or conveyed; it was not a "city project". Ron Erickson asked if the approval process was a contingency of the sale. Curtis affirmed that. Bendon said conceptual was looking at the big picture. The use as proposed was seasonal housing, 203 beds in 69 units with accessory uses for MAA practice rooms. He noted in conceptual certain issues and recommendations could be addressed. Bendon provided maps of the entire 215 acre Burlingame site pointing out the Maroon Creek Club, Highway 82 bisecting the property, Zoline parcel, the joint effort for the Burlingame Village, the airport, flight protection zone and 5 ~ .~ ASPEN PLANNING & ZONING COMMISSION UECEMBER J5, 1998 > possible free market lots. The transit stops for the future train, the Maroon Creek affordable housing, access, parking and Buttermilk were shown as well. Hendon stated that PUD allowed review of the entire project and provided more flexibility. He said the PUD criteria was how it related to adjacent parcels. He noted there were landscape, architecture and subdivision issues to be reviewed. He said there was a gate which responded to the Marolt parking issues but there were psychological issues involved with a gate. Bendon said the lot size and zoning were not decided yet. He said the Maroon Creek Club has an obligation with CDQT to build an underground bicycle and pedestrian way and there was a light planned at Buttermilk along with improvements to Highway 82; there needed to be an interim plan. There also needed to be a safety plan and noise plan as conditions of approval. Bendon stated there were 8 conditions of approval. Ron Erickson asked how the county moratorium affected this .project. It would not. Curtis said there was a discussion for the city, MAA and SkiCo to form a partnership and city council gave consent to the MAA for a conceptual subdivision PUD application with the cost and risk on the MAA. Garton noted some time constraints on the discussions tonight. Robert Harth, MAA, explained the need for the project for housing; the MAA was headed for their 50th anniversary. He said they have down-sized their institution to 150 students which allows for a better program. He said the Grand Aspen will be torn down which means the MAA looses 200 beds, by June 2000 those beds needed to be replaced. Curtis explained the 202 beds created at Burlingame were a joint project from the MAA and Ski Co, the summer would be MAA and the winter would be a mix of Ski Co, open to the general public and RFT A. He gave the distribution of employees. Curtis said the Entrance to Aspen and Buttermilk re-development would create changes. He said the MAA looked at the Meadows property for the possibility of housing; he reviewed the SPA documents which did not allow student or seasonal housing on the Meadows Campus. He also reviewed the Marolt property for the possibility of more housing; it did not allow for any additional housing on the open space and physically could not fit. Curtis said the plan changes based upon the information gathered during this conceptual stage. Garton said the amount of work done on this project was admirable but this commission has not seen the plans and needed to debate the Issues. . 6 -, ,--... ASPEN PLANNING & ZONING COMMISSION DECEMBER 15, 1998 Mickey Herron, attorney for Maroon Creek Club, questioned the jurisdiction not being in the city of Aspen prior to annexation. He noted the big picture should be reviewed as a whole. Curtis explained the statute allowing for review of a project prior to formal annexation because the partnership was formed to proceed with the application. Garton addressed staff comments (Exhibit A) and asked the commissioners for their comments. Ron Erickson said the city set this parcel ofland aside for housing and if we accept this principal then, the project has a part where it is located. Tim Semrau said this was probably the best that could be done for this project. Roger Hunt said maybe a better place for future housing was the Moore open space. He asked where the residents would eat, shop, etc. with regards to this location (Burlingame) not being near any facilities. Tim Mooney said that Burlingame would be developed but was the epitome of sprawl down the highway. He asked for the entire development plan for the adjacent properties and the rest of the Burlingame property. He stated concern for only dealing with part ofthe whole instead of looking at the entire picture. Bob Blaich said from the threshold. standpoint he did not have a major problem with Burlingame but he did agree with Mooney on looking at the entire Burlingame development before making a decision. He said looking at only this piece ofthe entire development, brought issues for clarification in order to feel comfortable with the project. Blaich said transportation was a serious issue. Steve Buettow said not looking at the big picture was not desirable. He said the berm added to the tunnel effect of driving down highway 82. Garton said she agreed with her fellow commissioners and this did change the whole feel of Aspen. She said because this was the transportation corridor, the development should happen at this spot. She felt the development belonged at Marolt because it was part of the grid of the city. Garton said the SkiCo needed to come in with their part of the whole picture. She agreed that berms were not the answer. Bendon stated the issues needed to be raised. The commission was concerned with the issues of transportation, berms, entire parcel, development across the highway, the highway, the transportation element and convenient support facilities for this area. Hoefer noted that. it did have to meet the AACP. Erickson requested they set up at least another meeting for conceptual review with P &Z for a date tonight. Blaich said there were many people in the room for this meeting tonight and wanted to keep going tonight. Erickson said the density of the project had inconsistencies and the transportation issues were very important. 7 1-''-' ASPEN PLANNING &; ZONING COMMISSION DECEMBER 15, 1998 ~ Semrau asked about the automobile over-flow; what will happen to the extra cars? He said the crossing of highway 82 was a huge issue. He requested research on the development of the golf course, even if it was not feasible. Blaich said the berms, the sound attenuation from the highway and airport, the interim transit strategy was important, the number of vehicles using Stage Road, the other part of the Burlingame proj ect, estimated bus trips. for MAA & other part of Burlingame, access from highway 82, the underpass from Maroon Creek Club is very icy and dangerous now and the public safety issues ofthe plan needed to be addressed. Hunt reiterated the berms caused a tunnel effect and did not like them, landscape plan was of importance and flip flop the design so the parking lot was at the base of the hill. Garton stated that she was concerned about the support facilities, the entrance. to Aspen (a representative to answer questions), berm and landscape plans. Buettow said the transit information and the big picture of all the parcels. Mooney stated the master plan for the whole area, impacts, traffic problems including construction, delivery, regular traffic, transit, pedestrian, bikeways, parking, access to the property, zoning proposals, curb, gutter, sidewalks, highway 82, projections for density and fees paid to the city were very important. Blaich said the safety, interior traffic patterns, on site parking, storage parking, highway crossing and transit were issues of concern. The continuation of this meeting was set for January 12, 1999 at 4:30 p.m. in City Hall. The meeting adjourned at 7:50 ~*0~ c)fuckie LothIan, Deputy CIty Clerk 8 DEe 10 '98 12: 38PM CHffiLE3 :::U'~NIFF:::: , ), UP !JGHT WELL V/ ~ ::' r-, p, ~ ~~~?~ FoltADUs. ADU = 381 S.r. ) . r-., ,""'" MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Mitch Haas, Planne~ 934 West Francis Street Amendment to a Conditional Use for Two (2) Accessory Dwelling Units (ADUs) - PubliccHearing. Parcel ID 2735-123- 0013 FROM: RE: DATE: December 15,1998 SUMMARY: The applicant is proposing to amend a Conditional Use approval to construct two (2) Accessory Dwelling Units (ADUs). The applicant owns Lots I and 2 of the Hower Subdivision Exemption (Lot Split approved via Ordinance Number 39, Series of 1997), and intends to construct a single-family residence with a corresponding ADU on each of the two lots. The previously approved ADUs were to be located above the garages along the alley and attached to the corresponding, primary residences. However, with the above grade ADUs, the applicant was having difficulty complying with the FAR limitations of the zone district and was going to be required to fire sprinkler the structures. Consequently, the applicant has decided to revise their conditional use approval (which was granted at the September 15, 1998 Commission hearing; the resolution and minutes of said hearing are attached as Exhibits Band C, respectively). Under the current, amended application each of the two ADUs would be located below grade, under the alley-accessed garages of and with no internal connection to the corresponding primary residences. Under the original approval, the applicant requested and was granted FAR bonuses on each of the two residences and, thus, the two ADUs were to be deed restricted to mandatory occupancy. Now, the applicant is NOT seeking FAR bonuses for eitherADU. Nevertheless, the two ADUs, if approved, will be deed restricted, registered with the housing office, and be available for rental to eligible working residents of Pitkin County. By providing the ADUs, the applicant would obtain GMQS Exemptions, enabling the property owner to construct the new residences pursuant to City Land Use Regulations. Community Development staff recommends that the Amendment to the approved Conditional Use for the two (2) Accessory Dwelling Units (ADUs) at 934 West Francis Street (Lots 1 and 2 of the Hower Subdivision Exemption Plat) be approved, subject to conditions. APPLICANT: Running Bear, LLC., represented by Rich Pavcek of Charles Cunniffe Architects. LOCATION: 934 West Francis Street (Lots L, M, N, and 0, Block 3, City of Aspen and Part of the W 1/2 of Section 12, T 10 S, R 85 W of the 6th P.M., County of Pitkin, State of Colorado) is located at the westerly end of and on the north side of West Francis Street. ZONING: Medium-Density Residential (R-6). 1""""\ .1""""\ , CURRENT LAND USE: The two lots currently contain a split-level single-family house that straddles the property line adjoining Lots I and 2. The existing house would be demolished prior to redevelopment of the site. LOT SIZE: Lot I of the Hower Subdivision Exemption Plat contains 6,735 square feet of land, and Lot 2 has an area of 6,000 square feet. The R-6 zone requires a minimum of 6,000 square feet per unit, and ADUs are not considered units of density. ALLOWABLE FAR: Lot I has an allowable FAR of 3,331 square feet, and Lot 2's allowable FAR is 3,240 square feet. 3,329 square feet of FAR is proposed on Lot 1, and 3,239 square feet of FAR is proposed on Lot 2. PROPOSED LAND USE: Two detached single-family residences where each of the two primary residences would have an Accessory Dwelling Unit. REVIEW PROCEDURE: Accessory Dwelling Units (ADUs) require conditional use approval by the Planning and Zoning Commission at a public hearing. It is a one-step review that requires notification to be published, posted and mailed in accordance with Section 26.52.060(E). . The following sections of the code are applicable to this conditional use review: Section 26.40.090, Accessory Dwelling Units; Section 26.28.040, Medium-Density Residential (R- 6); and, Section 26.60.040, Standards Applicableto All Conditional Uses. BACKGROUND: City of Aspen Ordinance Number 39, Series of 1997 approved a Subdivision Exemption for a Lot Split creating the two subject lots. Under the terms of this ordinance, both lots are required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the Municipal Code. The prior existence of a house on the property would have entitled one of the two new lots to a floor area credit that could have been put toward a cash-in-lieu payment; however, instead of building one ADU and paying cash-in- lieu for the other lot, the applicant has decided to construct two ADUs. STAFF COMMENTS: Section 26.40.090, Accessory Dwelling Units Both of the currently proposed ADUs would be attached to the rear of the corresponding primary residences, below the garages. As proposed, each of the two ADUs would contain approximately 381 square feet of net livable area, and would have its own kitchen, bathroom, and access. No internal connections between the ADUs and their respective primary residences are depicted on the plans. One (1) off-street parking space will be provided on- site for each ADU. The proposed off-street parking for the ADUs would be located parallel to (along) the alley and on the corresponding lot, but separate from (not stacked behind) the driveways to the garages that serve the primary residences. As required by code, both ADUs would be deed restricted, meeting the housing authority's guidelines for resident occupied units, limited to rental periods of not less than six (6) months in duration. The owners of the principal residences will retain the right to set the rental rates and select a qualified employee(s) of his/her choosing in their ADU. Therefore, the proposal complies with the requirements of Section 26.40.090(A)(1). 2 1""'. ,-, Pursuant to Section 26,40.090(A)(2), the development, including the ADDs, is subject to all of the dimensional requirements of the underlying zone district, Medium-Density Residential (R-6). All of the dimensional requirements will be met, including those associated with floor area, height, site coverage, and setbacks. Since the ADDs would be attached to the primary residences, Section 26,490.090(A)(3) is not applicable. Section 26,40.090(A)(4) states that "an attached accessory dwelling unit shall utilize alley access to the extent practical. " The proposed ADDs and their parking would be accessed from the alley at the rear of the lots. Section 26,40.090(B), Development Review Standards, requires that "the proposed development be compatible with and subordinate in character to the primary residence located on the parcel as well as development located within the neighborhood, and assuming year-round occupancy, shall not create a density pattern inconsistent with the established neighborhood." The proposed ADDs would be virtually indistinguishable in terms of external appearances as they have been designed to appear as part of the primary residences (houses) with the exception of a stairway down from the ground level at the rear of the structures; thus, they will be compatible with and subordinate in character to the primary residences. This property is located in an established residential neighborhood which is, for the most part, made up of single family residences, many of which have attached or detached accessory dwelling units associated with them, and multi-family residences. The proposed ADDs will be compatible with the character of the existing neighborhood and will not create a density pattern incompatible with that already established in the area. Section 26.60.040, Standards Applicable to All Conditional Uses Pursuant to Section 26.60.040, a development application for a conditional use approval shall meet the following standards: (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan. and with the intent of the zone district in which it is proposed to be located. Staff Response: The stated purpose of the R-6 zone district "is to provide areas for long term residential purposes with customary accessory uses. . . Lands in the Medium-Density Residential (R-6) zone district are generally limited to the original Aspen Townsite. contain relatively dense settlements of predominantly detached and duplex residences, and are within walking distance of the center of the city." The proposed ADDs would be in harmony with the purpose of the R-6 zone district since they would provide for long-term residential use (or customary accessory use), be located within the original Aspen Townsite, be within walking distance of the center of the city, and be in close proximity to transit (the 8th Street bus stop is one block away). ADDs are allowed as conditional uses in the R-6 zone district. One of the stated themes of the AACP with regard to "revitalizing the permanent community" is to "increase resident housing." Also, the proposal is consistent with the following purposes, goals, objectives and standards of the AACP: . "Promote, market and implement Cottage Infill and Accessory Dwelling Dnit programs;" . "Develop small scale resident housing which fits the character of the community and is interspersed with free market housing throughout the Aspen Area and up valley of Aspen Village;" and, 3 ('"". ,-, . "The public and private sectors together should develop . . . employee-occupied accessory dwelling units, to achieve the identified unmet need to sustain a critical mass of residents." Staff finds that this conditional use application for two ADDs complies with Section 26.60.040(A), and that the provision of the two ADDs would be wholly consistent with the purposes, goals, objectives, and standards of the AACP. While staff recognizes that the requested amendment to the approved conditional use application for two ADDs at 934 West Francis Street would result in a less desirable situation than that approved originally, staff also recognizes that, if the amended application were the original (and we never saw the first proposal), a recommendation of approval would have been forwarded to the Commission. That is, the new application, standing on its own merits, satisfies this review criterion. (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Response: The subject parcel is surrounded by residential uses, some of which have accessory dwelling units, and the proposed ADDs would be both consistent and compatible with the existing residential development in the immediate vicinity. Also see the last paragraph of the Section 26.40.090, Accessory Dwelling Units portion of this memo, above. (C) The location. size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery. noise, vibrations and odor on surrounding properties. Staff Response: As mentioned earlier in this memo, the proposed ADDs would appear as part of the principal residences; thus, their location, size and design will minimize any potential adverse visual impacts. Like all of the surrounding properties, the ADDs' parking and trash service would be accessed from the alley at the rear of the properties. No noise, vibration, or odor related impacts are anticipated. The proposed ADDs would operate like any other residence or ADD found in the neighborhood. The impacts should be negligible. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Response: There are adequate public facilities and services to serve the proposed uses. The structures would be within an existing, well-established neighborhood. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Response: While the proposed development of two ADDs would not generate an increase in the employment base, the applicant will be supplying two ADDs which, pursuant to Section 26.40.090(A)(1), will be deed restricted, registered with the housing office, and available for rental to eligible working residents of Pitkin County for periods of not less than six months in duration, thereby serving the need for increased affordable housing in the City of Aspen. 4 ~ ,-, (F) The proposed conditional use complies with all additional standards imposed on it by the AspenArea Comprehensive Plan and by all other applicable requirements of . this title. Staff Response: The proposed conditional use will comply with all additional standards imposed on it by the AACP and by all other applicable requirements of the Municipal Code, such as those contained in Section 26.58.040, Residential Design Standards. Also, please refer to the staff response to criterion (A), above. STAFF FINDINGS: Based upon review of the applicant's land use application, Community Development staff finds that there is sufficient information to support the requested Amendment to the Conditional Use approval with conditions. With the recommended conditions of approval, the proposal meets or exceeds all standards applicable to the review of Accessory Dwelling Units as conditional uses. RECOMMENDATION: Community Development staff recommends that the requested Amendment to the Conditional Use approval granted in Resolution 98-23 be approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the net livable floor area of each Accessory Dwelling Unit will be between 300 and 700 square feet, and the units shall be totally private, having private entrances and no rooms (i.e., mechanical rooms, etc.) that might need to be accessed by people in the principle residences; b. Verify with the Housing Office that each ADU will contain a kitchen having a minimum of a two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office, for each of the two ADUs; d. Clearly identify the Accessory Dwelling Units (ADUs) on building permit plans as separate one-bedroom units, separated from the primary residences; e. Provide a minimum of one 8.5' x 20' on-site parking space for each ADU, and indicate these designated parking spaces on the final plans; f. Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights-of- way; g. Locate any additional proposed construction, including trash facilities, in such a way that it does not encroach into an existing utility easement or public right-of-way; h. Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights-of-way; the agreement shall be executed and recorded concurrently upon approval of this application; 1. Submit working drawings to verify all height, setback, site coverage, and floor area calculations, as well as lot size and lot area calculations; j. Complete and record a Sidewalk, Curb & Gutter Agreement; k. A tap permit(s) must be completed at the office of the Aspen Consolidated Sanitation District; payment of the total connection charges shall be made prior to the issuance of a building permit; I. If either building is found to contain 5,000 square feet or more of gross area, approval and subsequent installation of an automatic fire suppression system will be required; 5 ,"""" .,-" m. Verify that the proposed plans for the ADUs will comply with all UBC requirements including but not limited to those addressing natural light and ventilation standards, as well as sound attenuation walls both between each ADU and the principal residences and between each ADU and the garages located above them; and, n. Submit building permit' drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage. o. Provide all conditions of approval, as indicated in the approved Resolution, as notes on the building permit application plan sets. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. Submit as-built drawings of the project showing property lines, building footprints, easements, any encroachments, entry points for utilities entering property boundaries and any other improvements to the Aspen/Pitkin County Information Systems Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; b. Permit Community Development Department, Engineering, and Housing Office staff to inspect the property to determine compliance with the conditions of approval; and c. Provide the Community Development Department with as-built drawings for keeping in the planning case file records. 3. In the event required, the applicant must receive approval from: . The City Engineer for design of improvements, including landscaping, within public rights-of-way; . The Parks Department for vegetation species, tree removal, and/or public trail disturbances; . The Streets Department for mailboxes and street cuts; and, . The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the doors and the area in front ofthe doors to the ADUs; sufficient means of preventing icing of the stairway is also required. 6. Prior to the issuance of any building permits, any needed tree removal permit(s) must be obtained from the Parks Department for anytree(s) that is/are to be removed or relocated (including scrub oaks of three (3) inches or greater); also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage offill material can occur within this/these dripline(s). The applicant shall also make a good faith effort in working with the Parks Department to preserve the trees numbered as 8, 13, and 14 on the Site Improvement Survey. 7. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado. 8. In the driveways that serve as access to the garages of the primary residences, only parallel parking shall be permitted, and standard head-in/out parking in these driveways is prohibited due to inadequate depth. This shall be noted on the Building Permit application plan set, and on the as-built plan sets required before issuance of a Certificate of Occupancy. 6 ~ ....."1 9. All fencing located forward of the front setback lines of both lots shall be visually permeable with a height not to exceed four (4) feet from finished grade. 10. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by an entity having authority to do so. RECOMMENDED MOTION: "I move to approve the application for Amendment ofthe Conditional Use approval granted in Resolution 98-23 for the two (2) Accessory Dwelling Units at 934 West Francis Street (Lots I and 2 of the Hower Subdivision Exemption Plat) with the conditions outlined in the Community Development Department memo dated December 15,1998." EXHIBITS: "A" - The submitted Application "B" - P&Z Resolution 98-23 "c" - Approved minutes from the 9/15/98 Commission Hearing 7 - ~ Exfhi'lT "Ct} ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 15, 1998 Garton reminded commissioners of the Given Institute AACP update on 10/01/98. Clauson cordially invited the commissioners to the Elks Club on September 30th. DISCLOSTJRE OF CONFLICTS OF INTEREST Sara Garton disclosed speaking to Nick Lebby regarding the trash problems in the alley behind LaCocina. No other commissioners disclosed any conflicts. MINUTES Sara Garton complemented the minutes as well done. MOTION: Roger Hunt moved to approve the minutes of21 July, 4 August and 18 August, 1998. Bob Blaich second. APPROVED 6-0. PUBLIC HEARING: 934 WEST FRANCIS, CONDITIONAL USE FOR TWO ADUs David Hoefer, Assistant City Attorney, requested proof of notice be brought to the city clerks office by 5pm, Wednesday, 9/16/98 with the understanding the hearing will be considered null and void, if the proper notice was not received. He stated, that in the future, if staff did not have proof of notice, the public hearing would not proceed. The applicant Dale Hower, was sworn in by the Deputy City Clerk, Jackie Lothian. Mitch Haas stated that neighbors had told him that they were notified. Hoefer asked when the notice was posted on the property, where the list of neighbors was obtained from and when the mailing occurred. Ms. Hower responded that was at least 3 weeks ago. She stated that neighbors also told her that notices were received. (Notice received by deputy city clerk on 09/16/98). Haas explained the request was for conditional use approval to construct 2 ADUs; one on each lot. The lot split was approved by city council last year. The proposed ADUs would be located above the attached garages along the alley. There would be a GMQS exemption for each house with approval of the ADUs and they requested the FAR bonus. Haas stated they were made aware there would be a condition of mandatory occupancy if the FAR bonus was granted. Haas noted the change in representatives. The Lot 1 ADD would contain a net livable 416 square feet and Lot 2 would be 423 square feet; the bonus would only 2 ~. ASPEN PLANNING..... ZONING COMMISSIOl'l ,-, u~PTEMBER 15, 1998 count as '/2 of what would be counted in calculating the total FAR on the lot. Each ADU would have its own entrance off the alley. Haas stated the applicant also requested a series of variances from the residential design standards. He said it was made very clear to the applicant during the application process there was a choice ofDRAC for the volume variances or P&Z; one or the other, not both. If the one chosen did not grant the variances, there was no right to go before the other board afterwards. Haas circulated drawings with highlighted areas for the window volume variances. He said staff did not recommend approval for these variances on the east or west elevations; the windows could be re-designed to comply. The north elevation in the ADU had more than UBC required natural light and glazing areas; they were not necessary in terms of providing light. Haas said if the windows were rectilinear, they would comply. He said there was a no window zone of9' - 12' for rectilinear or orthogonal windows; the no window zone for non-orthogonal windows was from 9' - 15'. Staff recommended . the windows be re-designed to comply with the residential design standards. Haas stated the deed restriction for the ADUs would be required mandatory occupancy because the applicant was seeking an FAR bonus with a condition granting that FAR bonus. He said there would be a condition with lock-off doors between the ADUs and the main residence. He said condition #8 had to do with parking. There were conditions concerning the fencing and trees. Sara Garton inquired about referral agency comments. Haas replied that the city council did not want to see the referral agency memos; just to make the concerns part of the staff memo. He said the conditions reflected the concerns. Garton noted the land use commission needed to review engineering, housing, HPC, environmental health and fire comments if applicable. Bob Blaich questioned the memo statement on page 5 regarding the appeal decision making process. Haas clarifiedP&Z would be the board if they chose to go forward on the design standards review tonight; no other board would review. Ron Erickson inquired as to the enforcement of a qualified renter for the ADU. Haas replied that was part of the deed restriction. Hoefer stated a letter from the Attorney's office would be sent from a complaint. Erickson asked if tenants could be screened through the housing office. Haas said it would be the honor system to 3 ~ ,""'\ ASPEN PLANNING...,; ZONING COMMISSION "EPTEMBER 15, 1998 send the tenant to the housing office. Scott Sambrowski commented the old housing rules applied. Garton stated that if aFAR bonus was granted; quid pro quo would be mandatory occupancy for the ADD. There was discussion of the FAR bonus; mandatory occupancy for the ADU and the conditions of approval. Chris Bendon clarified the existing Housing Guidelines reflected recommendation for approval with mandatory occupancy as a deed restriction for the FAR bonus. Roger Hunt said the legal lot split should entail 2 separate addresses instead of the 934 West Francis. Haas responded that legally they could be Lots 1 & 2 of the Hower subdivision. Julie Ann Woods explained that at building permit, the addresses would be assigned. Sambrowski and Hower decided to pull the design standards from the P&Z meeting tonight. Haas explained prior to building permit, the designs would be submitted for Ordinance 30 review. If the designs would not comply, then a separate application would be required for that design review and a separate fee. The record reflects the design standards variance requests not part of any approval or reflected in the conditions of approval. Public Comments: Frances Pearce, 923 West Francis, stated concern for the parking problems in the neighborhood. She asked that no street parking be allowed from these 2 new houses; that all parking be contained on the lots. Haas said the parking was addressed with a 2 car garage per house; 1 parking pad per ADU accessed from the alley. He said any street parking would have the standard residential parking permits (1 per unit). Haas noted these parking spaces met the requirements. Kim Keilin, 939 West Francis, stated that notice was not received and would like to be notified in the future. She asked if it could be conditional to have one spot per bedroom. Haas said the site plan wouldn't allow that because of the trees. Keilin asked if the ADUs could be limited to one vehicle for each. Haas said there was a condition for one parking space per ADU on site to be indicated on the final plat. Hoefer explained the city regulations had no authority to restrict parking on public streets. Keilin asked if contractors could park on 8th Street. Hower agreed about parking problems in the area and would request the contractor to park on 8th and obtain parking passes. 4 r". ASPEN PLANNING & ZONING COMMISSION ,,-., SEPTEMBER 15, 1998 Lucy Talenfeld, 915 West Francis, said that she was also concerned about the parking. She said the alley would be open. Garton noted during the building permit process; the question could be posed. Sambrowski stated if parking could be in the alley they would take that opportunity; he'll check with the fire Marshall. Garton stated the ADUs being occupied would be a benefit to the community to house people in the urban areas. MOTION: Roger Hunt moved to approve the conditional use request for the two (2) ADUs at 934 West Francis, Aspen finding the conditions provided by the city attorney's office have been met and with the following conditions: I. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the net livable floor area of each Accessory Dwelling Unit will be between 300 and 700 square feet, and the units shall be totally private, having private entrances and no rooms (i.e., mechanical rooms, etc.) that might need to be accessed by people in the principle residences; b. Verify with the Housing Office that each ADU will contain a kitchen having a minimum of a two- burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction requiring mandatory occupancy, a copy of which must be obtained from the Housing Office, for each of the two ADUs; d. Clearly identify the Accessory Dwelling Units (ADUs) on building permit plans as separate one-bedroom units separated from the primary residences by lock-off doors of the variety typical of hotel suites (set of two adjoining doors); e. Provide a minimum of one 8.5' x 20' on-site parking space for each ADU, and indicate these designated parldng spaces on the final plans; f. Install any new surface utilities requiring .a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights-of-way; g. Locate any additional proposed construction, including trasb facilities, in such a way that it does not encroach into an existing utility easement or public right-of-way; h. Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights-of-way; the agreement shall be executed and recorded concurrently upon approval of this application; i. Submit working drawings to verify all height, setback, and floor area calculations, as well as lot size and lot area calculations; j. Complete and record a Sidewalk, Curb & Gutter Agreement; k. A tap permit(s) must be completed at the office of the Aspen Consolidated Sanitation District; payment of the total connection charges shall be made prior to the issuance of a building permit; I. If either building is found to contain 5,000 square feet or more of gross area, approval and installation of an automatic fire suppression system will be required; m. Verify that the proposed plans for the ADUs will comply with all UBC requirements including but not limited to those addressing natural light and ventilation standards, as well as sound attenuation walls between each ADU and the principal residences; and, n. Submit building permit drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. 5 r". ASPE~ PLANNING~ ZONING COMMISSION ~ . .,EPTEMBER 15, 1998 Submit as-built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitldn County Information Systems Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; and, b. Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval, 3. In the event required, the applicant must receive approval from: The City Engineer for design of improvements, including landscaping, within public rights-of-way; The Parks Department for vegetation species, tree removal, and/or public trail disturhances; The Streets Department for mailboxes and street cuts; and, The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. 4. Prior to the issuance of any building permits, a review of any proposed minor cbanges from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the doors and tbe area in front of the doors to the ADUs; sufficient means of preventing icing of the stairway is also required, 6. Prior to the issuance ofany building permits, any needed tree removal permit(s) must be obtained from tbe Parks Department for. any tree(s) that is/are to be removed or relocated (including scrub oaks ofthree (3) inches or greater); also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage offill material can occur within this/these dripline(s). The applicant shall also make a good faith effort to preserve the trees numbered as 8, 13, and 14 on the Site Improvement Survey. 7. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(t), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado. 8. In the driveways that serve as access to the garages of the primary residences, only parallel parking sball be permitted, and standard head-in/out parking in these driveways is prohibited due to inadequate depth. 9. All fencing located forward of the front setback lines of both lots shall be visually permeable with a height not to exceed four (4) feet from finished grade, and shall allow for compliance with the open space requirements ofthe zone district. 10. The applicant shall receive an FAR bonus on each lot equal to 50% ofthe net livable area of the ADU on that lot. 11. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by an entity having authority to do so. Bob Blaich second. roll call vote: Hunt, yes; Mooney, yes; Buettow, yes; Blaich, yes; Erickson, yes; Garton, yes; Tygre, abstain. APPROVED 6-0. --- t!", ~ PUBLIC NOTICE RE:. 934 WEST FRANCIS STREET, REQUEST FOR AMENDMENT OF A CONDITIONAL USE APPROVAL FOR TWO (2) ACCESSORY DWELLING UNITS (ADUs) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 15, 1998 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, J 30 S. Galena St., Aspen, to consider an application submitted by Running Bear, LLC., represented by Charles Cunniffe Architects, requesting an Amendment to a Conditional Use approval. The original approval was to construct two (2) accessory dwelling units (ADUs) above the alley-accessed garages of the associated primary residences. The amendment requests approval to locate the ADDs below the garages instead of above, as previously approved. The property was split into two separate parcels via Ordinance Number 39, Series of 1997, and the current application continues to request approval to place one ADU on each of the two parcels. The property is located at 934 W. Francis and is legally described as Lots L and M, and Lots N and 0, Block 3, City and Townsite of Aspen. For further information, contact Mitch Haas at the AspenlPitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, or by emai1 at mitchh@ci.aspen.co.us. s/Sara Garton. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on November 28, 1998 City of Aspen Account g:/planninglaspenlnotices/934adu2.doc r-. ~ ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and _'P-llNiJl~ ~ Ltc... (hereimifter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for CON binD AIM- tl~ f'~ :J- A-f>v.. .<s> (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a detennination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter pennit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission andlor City Council to enable the Planning Commission andlor City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT Julie Ann Woods Community Development Director City of Aspen Signature; Date: Printed Name; Mailing Address; It" PItt.C fIoVJ~ 'f3'71~ fI.""1 ~J. /1I.r1'.:N. c.f> 97J b / I , ,-... .~ ATTACHMENT 2 DIMENSIONAL REQUIREMENTS. FORM Pr?ject: Rlll'l/lllN9 ~ U.C- (]xtIJ~~ ~ .(;f>LALf. 1>~N-) Appl1cant: -.:f.\lfJllf/"IIJ f!>~ LLC- Location: q3lf rJ. f",~rI(..I5 L4T5 Zone District: 1: - f, Lot Size: ~J (,5"0 ~.f. (tJe:;"T Urr i / /0: 000 ,?:f' (EAS'" LoT) Lot Area: c,. u'7o S'r. I G..t70D S.~ (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.) u wi 1lIJ!> iArs NI- (). !?l-O/P 3 , . Proposed: Proposed: Proposed: Commercial net leasable: Number of residential units: Number of bedrooms: Existing: Existing: Existing: Proposed % of demolition (Historic properties only): DIMENSIONS: 3,l.'IO('I.) ?...~~..,(Ii) Floor Area: Existing: Allowable: 3,;'3/(W Y'roposed: 3,;'9.'7("",) Principal bldg. height: Existing: Allowable: lS' Proposed: Z.S' Access. bldg. height: Existing: Allowable: Nit Proposed: /VA On-Site parking: Existing: Required: ~ ~L.T Proposed: ~ LoT % Site coverage: Existing: Required: AlA- Proposed: % Open Space: Existing: Required: /Vir Proposed: Existing: Required: 20 , Proposed: 2!:>' Front Setback: Rear Setback: Existing: Required: ./0 ' Proposed: /'0 ' Combined FIR: Existing: Required: 30' Proposed: 30 I' Side Setback: Existing: Required: 5' Proposed: 5 ~ Side Setback: Existing: It.f' (II" ) /If'(w) Required: 10' ,r.) proposed:~ Combined Sides: Existing: Required: . r., I (vl ) Proposed: II' f/'I) p;'(f.) (5' b) Existing non-conformities or encroachments: Variations requested: NDNe.... f \ "i.:::~ r>~:a)! .' . ,...f , ""- /-, ......-/ ".'.....ttJl " "lIr, "'....... ~1 -........-..... ", " " \ \. \. '-s.t. --- It ~y IQS'; \)~ i ';r,/'i I \ ! ~v (1.. } ~"" N < :(1 j. '~ ( ~ ~ <ol.> "9~r--; ~ ..... ",,*""; -. .p ~~ \~ ! 1 j ~ :r: . . . . f! ' . . " . . SiMK ~..S'<- ~. :...1 ...,.~": ~jJJ~~,~ ~ ~<CJfIf ~ ~Q-8'~ ~~d' o~S5~.c.... 0> ;>0;>0 ...... .__~._ 00 ~~l:JO""A:"'t ':;: 'T, .}t' :~. ".i ~t";'"";l"t'9'9"";""9'" ::r::\OWMO"';"rtlX~ :0 iti: ,:t: ! : .. . . . f.~: -''1 ~ ( \ -' ,tP~ ~";l'9~"9r--~~~'9~~~";l~~~~ ~~~~~~'9~~~~~~~%~~~ \~=; ijlj \~~ . . ~\~ ; . . , ..;.~". . .j,~,... : : : j'" ~ : . i j ~ TT,.t"t+"l"'j':'+,i."t~, :' ;,~;; ;Ia!~ 'c." "."" ,\ -;~'.'. L-, I y.-' . \\e ~" ~eb. - ~ ... e ... II 2 i ~..... . 1~ j i is:; : :.: ~ ! l~~ !~~ ii~ J~~ " '111 ...,Soc..:~ ~'" tI c: d:':.5E~~<;:J :;::<<i...~s < :> c:o::;;Q5....v:~~..o ~!~~~ ~e.~ ~fi!~~.2 <<<<<<<=C:C.a:lI:Q,Q:l~= PROJECT: ,1"""\ LAND USE ApPLICATION ,~ Name: Location: ApPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name: . Address: Phone #: o o RU/JtJl,u'1 'P:a!e.. LLc... 'WOfJIJJ ~ ~ j?;U'It.J:::. f7~ I 'j'3tf w' 'f~kt$ LOt L f fI1 ~o"'rJ~) i Lor A/1. 6 ~JtK. J.3dl'o-~ ~LJc (Indicate street address, 'ot & block number, legal descrIptIOn where appropriate) ! 1ZUMNIIS&, /f3 ~ '1t(f 5- "PJt:~ LL.6 1If/'J1 Bd-. IJ? l'~rJ , fa> TYPE OF ApPLICATION: (please check all that apply): M Conditional Use 0 Conceptual PUD o Special Review o. Final PUD (& PUD Amendment) o Design Review Appeal 0 Conceptual SPA o GMQS Ailotment 0 Final SPA (& SPA Amendment) o GMQS Exemption 0 Subdivision o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane Lot Split Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) I f-'i~:~ 5fvlt. tlll~ ~"~ 11> ~ ])~w~HID J . _ ~_P,tJLlt. 31 . ( _ of /11'" I tHIr/2..u.-? tlljJJJIFr~ , il?P~,J, ;!o , . 4ft:- o o Temporary Use TextlMap Amendment J PROPOSAL: (description of proposed buildings, uses, modifications, etc.) I ~ 1t.-A-f.i'? , ~ 1)11'11 J J((t'AN.fI6D Ar/u '5 /Jew l<if/j( b I3I'lC(; '7 . I 8/6// Aru-lfd,cCiS Uvl) o Conceptual Historic Devt. o Final Historic Development o Minor Historic Devt. o Historic Demolition o Historic Designation o Smail Lodge Conversion! Expansion o Other: /..A:7T ?l' <-vi- PIX Have you attached the following? o Pre-Application Conference Summary o Attaclunent #1, Signed Fee Agreement o Response to Attaclunent #2, Dimensional Requirements Form o Response to Attaclunent #3, Minimum Submission Contents o Response to Attaclunent #4, Specific Submission Contents o Response to Attaclunent #5, Review Standards for Your Application FEES DUE: $ :5/-(; JUN-al-~a :2:e7 PM COURrHOU~E p~~~~ ::' ,.1.;) '::'l2d 8636 ? . ~J~ _.. {\ ," EXHIBIT "A" A tract of'and b~i:1g oj] OnOts L, )vI, Nand 0, in Block J, City of A.spen, Colorado and :Part of the West 1/2 ofSec:io~ 12, TCWTI,hip ]0 Sm:th, RJnge 85 "Vest of the 6th P.M. beir.g more ~~lly described as :ol1ows: Dcgir,nL18 at the point of intersection of the Southerly bounda:y line of laid Lot L and Line 6-7 Aspen Townsite whence Corner No.6 (a stonc monument) bears N. 07032.'2411 E. 713,S2.fect; thence N. 75"09J 11" V/. 20.02 teet; thenc: N. 07.32 '24" E. 100.32 fcel; ,Olenee S. 75'09' 11" E. 13J .76 feet 10 the Ncrt'1eastorly corner cfsuid Lot C; ther.ce S. 14'50'49" W. ]00.00 feet along the Eas;e:"y bounda."y line of said Lot 0 to the Southeasterly corner of said Lot 0; thence X 75'09'11" W. ]00.92 feet along the Southerly boundar! line of said Block J to the point of beginning COUNTY OF PIT.:uN, SV.TE OF COLORADO. ~, ^ .~ Law Offices of William K, Guest, P.C. .. , /"( 804 PITKIN AVENUE: I 'L l. ~/ ., ,. GLeNWOOO SPRINGS, co 81e01 1,.' . I' eJ., " ): '. .i T.LEPHONE: (gTO) 9:28-0175 . I " FACSIMILe: (970) 9:28-C6$O {trY'-- ' August 10, 1997 Via Facsimile Cl20-5439 Mitch Haas RE: Running 'Rcar, .LLC Dear MilCh: I am an attorney Iieensed:o practice in the Slate of Colorado, The owner oflhe proFeny described in the Exhibit" p,:' Is Running Bear, LLC, It is a Colorado manager managed limited liability company. The sole manager of Running Bear, LLC is Dale Hower. To the best of my knowledge, all mortgages, judgments, liens, easements, contracts and agreements effecting the propeny described in Exhibit" A" are: L A Deed of Trust for the use ofImperial Credit Industries, Inc., in the original amount of$650,OOO,00, dated December 6, 1994, and recorded December 9, 1994 in BOOK 769 at Page 49 as Reception No. 377072 in the books and recorcs of Pitkin County, Colomdo. The Deed ofTruS! was assigned by an Assignment recorded November 25, 1996 as Reception No. 399419 to Bank of New York, mile not of record, it is possible that the Deed of Trust has been as~igned to GMAC Mortgage or GMAC M011gage services the loan. . 11;a reservations and exceptions as set forth in the Deed from the City of Aspen recorded In Book S9 at Page 191 oflhe books and records of Pitkin County providing as follows: That no title shall be hereby acquired to arty mine of gold, silver, ciMabar or copper or to any valid minlng.c1~.im.or possession held under existing laws. If you ned any further information, please feel free to give me a call, Very truly yours, WTIUA..Vf K. GUEST, P.c. f)~K~ William K Guest, ID, LLl\{ "''KO..oc Enclosure ec: Dale Hower ,-,., ...-.., November 17,1998 City of Aspen Community Development Department 130 South Galena Aspen, CO 81611 To Whom It May Concern: I, Dale Hower, an office holder of Running Bear LLC, authorize Rich Pavcek of Charles Cunniffe Architects to act on the behalf of Running Bear LLC for the purpose of presenting a conditional use application to the City of Aspen. The conditional use application is for an Accessory Dwelling Unit located at a new residence on Lots L and M, Block 3 and an Accessory Dwelling Unit located at a new residence on Lots N and 0, Block 3. The address is 934 W. Francis, Aspen, Colorado. Rich Pavcek may be reached at the following address: Charles Cunniffe Architects, 610 E. Hyman, Aspen, CO 81611. He may be reached by phone at 925-5590. Dale Hower Running Bear LLC 43995 Hwy 82 Aspen, CO 81611 925-8775 ~ .~ Running Bear Development Brown Bear Residence; Lots Land M, Block 3 Black Bear Residence; Lots Nand 0, Block 3 934 W. Francis City of Aspen, Colorado Application for Conditional Use for an Accessory Dwelling Unit located at each proposed residence May 29, 1998 RESPONSE TO ATTACHMENT 5-A; A. These proposed ADUs for these two residences is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan. The goal of the housing plan is to house 60% of the work force up valley from Aspen Village. This proposal adds two. studio tmits to the housing pool to be used to house qualified employees. Every small step is important to decreasing the number of workers forced to live down valley. This proposal also decreases the congestion on Highway 82 because the units are in the West End within walking distance to town and one block from the 8'" street bus stop. This proposal is an urban infill development, which locates the ADUs within an established, in-town location. Therefor, this proposal is consistent with the Aspen Area Comprehensive Plan. The proposed residences are located in Zone R-6, Medium-Density Residential. This zoning allows for ADUs as a Conditional Use. . B. This proposal for two ADUs is consistent and compatible with the character of the immediate vicinity and enhances the mixture of complimentary uses and activities in its neighborhood. The character of the block on which this project is located already has a good mix of residences; smaller house with attached apartments, a large, mostly unoccupied home, and the home of a long-time local. This proposal would adds two houses and two ADUs which will only adds to the character of the neighborhood. C. The location, size, and design of this proposal minimizes adverse affect due to development. The ADUs of this proposal are located on the alley, which fits the size and design desired for ADUS. There is offstreet parking provided for each unit, which minimizes the visual affect of cars parked on the road. And eliminates the conflict that occurs when driveways intersect sidewalks. These ADUs are located one block away from the 8'" street bus stop wi\! encourage its residents to walk instead of using their cars. This minimizes the impacts of vehicular circulation and noises and odors associated with driving. D. The proposed ADUs are located within the City of Aspen and there are adequate public facilities to service this project. It is on city water, power, and sewer. It is also located within 10 minutes of the police, fire department, emergency room, and the schooL.system. E. By building these units, the applicant commits to supply affordable housing to meet the needs of the increased employees generated by this conditional use. F. These proposed ADUs complies with all the additional standards imposed on it by the Aspen Area Comprehensive Plan. ~. ,-" Running Bear Development Brown Bear Residence; Lots Land M, Block3 Black Bear Residence; Lots Nand 0, Block 3 934 W. Francis City of Aspen, Colorado Application for Conditional Use for an Accessory Dwelling Unit located at each proposed residence November 17,1998 RESPONSE TO ATTACHMENT 5-B: 1. The proposed ADD's are compatible and subordinate in character with the primary residence located on the property. The ADD's are located below the garages on the alley side of the two proposed residences and are subordinate to the primary residence. They are attached to the house and are designed to appear as if they are part of the house. They are in character with the surrounding residences as welL They won't create a density pattern inconsistent with the established neighborhood. See response to attachment 5-A, questions B, C, and D. 2. 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