HomeMy WebLinkAboutagenda.apz.19990119AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, JANUARY 19, 1999, 4:30 PM
COUNCIL CHAMBERS, CITY HALL
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II . MINUTES
III. DECLARATION OF CONFLICTS OF INTEREST
IV. PUBLIC HEARING
A. 920 E. Hyman, Landmark Designation, Amy Guthrie
B. 970 Powder Road/Fayez Conditional Use Review for a Detached ADU and 8040
Greenline Review, Mitch Haas � x"
V. WORK SESSION
A. Changes to the ADU Program, Chris Bendon
V. ADJOURN
CITY AGENDAS
1/19 City Planning & Zoning (4:30)
City Notice 12/29
920 E. Hyman, Landmark, Public Hearing (AG)
970 Powder Road, Conditional Use for an ADU and 8040 Greenline Review, Public Hearing
(MH)
Changes to the ADU Program, Work Session (MH/CB)
1/25 CRY Council (5:00)
City Notice 1/6
Code Amendment, Security Company Signage, 2d Reading Public Hearing (MH)
Burlingame Seasonal Housing, Conceptual PUD, Public Hearing (CB)
Castle Creek Condos, Rezoning, 2d Reading Public Hearing (SO)
920 E. Hyman, Landmark, 1 st Reading (AG)
SCI Code Amendment and Definitions, 1 st Reading Action Item (CB)
1/27 HPC (5:00)
City Notice 1/6
2/2 City Planning & Zoning (4:30)
City Notice 1/13
2/4 DRAC
River Bluff Townhouse Condomimiums
2/8 City Council
City Notice 1/20
2/9 City Planning & Zoning/City Council (4:00)
Land Use Code Revisions, Joint Work Session
2/10 HPC
City Notice 1/20
2/16 City Planning & Zoning
City Notice 1 /27
2/22 City Council
City Notice 2/2
920 E. Hyman, Landmark, 2d Reading Public Hearing (AG)
2/24 HPC
City Notice 2/2
TO: Aspen Planning and Zoning Commission
FROM: Mitch Haas, Interim Deputy Director
DATE: January 19, 1999
RE: Follow-up and Up -coming
1. Up -Coming Calendar:
• January 20, 1999: The Commercial Core & Lodging Commission (CCLC) has
invited the Commission to an informal discussion on vertical growth, etc., in the
downtown commercial core. The discussion will take place at 8:30 a.m. in the Sister
Cities Meeting Room.
• January 25, 1999: During the Awards and Proclamations portion of the City
Council hearing (beginning of agenda), a proclamation will be given to Sara Garton
in recognition of her work with the Planning and Zoning Commission. Please show
your support by attending.
• January 26, 1999: City Council/Board of County Commissioners are holding a joint
work session at 5:00 p.m. in City Hall regarding the Aspen Mass project.
• January 29, 1999: Bob and Jan Blaich will host a party honoring Sara Garton from
5:30 to 7:30 p.m., at their home (319 North 4th Street). Please RSVP to 925-7545.
• February 2, 1999 at 4:00 p.m.: The Commission's agenda will consist of a joint
meeting with the City Council to review the priorities derived from Council's recent
retreat and the Planning work program, and to provide an update on the AACP
update efforts. Note that this has preempted the previously scheduled Long Range
Planning update/meeting, which will have to be rescheduled.
• February 9, 1999: The previously scheduled joint City Council/Planning and
Zoning Commission work session to review the proposed reorganization of and
revisions to the Land Use Code has been canceled due to a City Council scheduling
conflict. Council will be attending, and you are encouraged to attend as well, an
Open House at the Wheeler regarding the Parks Bond Issue. Staff is awaiting a new
date (from Council) for the joint work session and will announce the relevant
information once available.
2. Work Session on LP Program. City Council has suggested a joint work session with
the P&Z to discuss changes to the small lodge program. This will be scheduled for a
date to be determined.
3. Burlingame Brown -Bag. After P&Z's vote regarding the Conceptual PUD application
for the Burlingame Seasonal Housing proposal, the chair suggested scheduling an
informal brown -bag session for the Commission to make specific suggestions prior to the
applicant's preparation of a Final PUD application. For a variety of reasons, this could
not be scheduled for before the January 25th City Council review of the Conceptual
application, but the applicant is still interested in doing this. Staff would like to address
the scheduling of this session at tonight's meeting.
4. Various Parking Issues. Sorry, no new news, but we have not forgotten about this and
will continue to keep you updated.
c1home/mitchh/p&zmemos/1-19-99. doc
MEMORANDUM
TO: Aspen Planning and Zoning Commission
101,
THRU: Mitch Haas, Interim Deputy Planning Director
FROM: Amy Guthrie, Historic Preservation Officer
RE: 920 E. Hyman Avenue, Landmark Designation
DATE: January 19, 1999
SUMMARY: This house was built in the late 1880's and has had minor alterations,
none of which compromise the integrity of the building. Staff finds that three of the
landmark designation standards: architectural importance, neighborhood character, and
community character, are met.
The Historic Preservation Commission reviewed and recommended approval of the
landmark designation application on January 13, 1999.
APPLICANT: Veronika Inc., represented by Roger Kerr, architect.
LOCATION: 920 E. Hyman Avenue, Lot N, Block 32, East Addition to the City and
Townsite of Aspen, City of Aspen.
HISTORIC LANDMARK
Section 26.76.020, Standards for designation. Any structure that meets two or more of
the following standards may be designated "H," Historic Overlay District, and/or Historic
Landmark. It is not the intention of the City Council to landmark insignificant structures
or sites. The City Council should focus on those which are unique or have some special
value to the community:
A. Historical Importance: The structure or site is a principal or secondary structure
or site commonly identified or associated with a person or event of historical
significance to the cultural, social, or political history of Aspen, the State of
Colorado, or the United States.
Response: This standard is not met.
B. Architectural Importance. The structure or site reflects an architectural style
that is unique, distinct or of traditional Aspen character, or the structure or site
embodies the distinguishing characteristics of a significant or unique architectural
type (based on building form or use), or specimen.
Response: This structure is a good example of the traditional Aspen miner's cottage,
built in the late 1800's. It is one story with a gable roof, typical door and window
proportions and materials. Minor modifications which have been made to the house in
the past are all reversible, so that the house can be restored to its former character.
C. Designer. The structure is a significant work of an architect or designer whose
individual work has influenced the character of Aspen.
Response: This standard is not met.
D. Neighborhood Character. The structure or site is a significant component of an
historically significant neighborhood and the preservation of the structure or site is
important for the maintenance of that neighborhood character.
Response: The structure is part of the East End neighborhood, where only a handful of
Victorian era homes still exist. Preservation of the remaining resources is important for
the neighborhood to retain a connection with its own history and earlier character.
E. Community Character. The structure or site is critical to the preservation of the
character of the Aspen community because of its relationship in terms of size,
location and architectural similarity to other structures or sites of historical or
architectural importance.
Response: The majority of Aspen's historic resources are Victorian era homes. These
resources contribute significantly to the town character by representing, through
architecture, the lifestyle, values, economics, technology, and aesthetics of an important
period in Aspen's development. The cottage at 920 E. Hyman Avenue is part of that
historical record and its preservation therefore has important value to the community.
RECOMMENDED MOTION: "I move to recommend approval of historic designation
for 920 E. Hyman Avenue to City Council, finding that standards B, D, and E are met."
Exhibits:
Resolution No. I , Series of 199M
A. Historic Inventory data form
2
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING LANDMARK DESIGNATION OF 920 E. HYMAN
AVENUE, LOT N, BLOCK 32, EAST ASPEN ADDITION TO THE CITY AND
TOWNSITE OF ASPEN.
Parcel No. 2737-182-06005
Resolution #99 - 1
WHEREAS, the applicant, Veronika Inc., represented by Roger Kerr, has requested
landmark designation for the property located at 920 E. Hyman Avenue, Lot N, Block 32,
East Addition to the City and Townsite of Aspen; and
WHEREAS, the Aspen Historic Preservation Commission reviewed and recommended
approval of landmark designation on January 13, 1999; and
WHEREAS, Amy Guthrie, Historic Preservation Officer, recommended approval of
landmark designation in her memo to the Planning and Zoning Commission of January
19, 1999; and
WHEREAS, all applications for Historic Landmark Designation shall meet two or more
of the following Standards for Designation of Section 26.76.020 in order for HPC to
grant approval, namely:
A. Historical Importance: The structure or site is a principal or secondary
structure or site commonly identified or associated with a person or event of
historical significance to the cultural, social, or political history of Aspen, the
State of Colorado, or the United States.
B. Architectural Importance. The structure or site reflects an architectural style
that is unique, distinct or of traditional Aspen character, or the structure or site
embodies the distinguishing characteristics of a significant or unique architectural
type (based on building form or use), or specimen.
C. Designer. The structure is a significant work of an architect or designer
whose individual work has influenced the character of Aspen.
D. Neighborhood Character. The structure or site is a significant component of
an historically significant neighborhood and the preservation of the structure or
site is important for the maintenance of that neighborhood character.
E. Community Character. The structure or site is critical to the preservation of
the character of the Aspen community because of its relationship in terms of size,
location and architectural similarity to other structures or sites of historical or
architectural importance; and
WHEREAS, the Aspen Planning and Zoning Commission reviewed and recommended
approval of landmark designation on January 19, 1999, finding that standards B, D, and E
are met.
NOW, THEREFORE, BE IT RESOLVED:
That the Planning and Zoning Commission recommends Council approve landmark
designation for 920 E. Hyman Avenue, Lot N, Block 32, East Addition to the City and
Townsite of Aspen.
APPROVED by the Commission at its regular meeting on January 19, 1999.
APPROVED AS TO FORM: PLANNING AND ZONING COMNUSSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Jasmine Tygre, Vice -Chair
EXtI(dIT i
HISTORIC ARCHITECTURAL BUILDING/STRUCTURE FORM
State Site Number:
Photo Information:
Township 10 South
Local Site Number: 920.EH
ASP-0-29
Range 84 West Section 18
USGS Quad Name Aspen — Year 1960 X 7.51 is,
Building or Structure Name: None
Full Street Address: 920 East Hyman
Legal Description: Lot N, Block 3.2
East Aspen Townsite
City Aspen County Pitkin
Historic District or Neighborhood Name: East End
Owner: Private/State/Federal Private
Owner's Mailing Address:
ARCHITECTURAL DESCRIPTION
Building Type: Residential
Architectural Style: Victorian Miner's Cottage
Dimensions: L: x W: = Square Feet:
Number of Stories: 1-1/2 story
Building Plan (Footprint, Shape): shaped
Landscaping or Special Setting Features: Significant trees; deciduous
and -evergreen; open picket fence at street edge; concrete walk leading
to -_oath
Associated Buildings, Features or Objects Describe Material and
Function (map number name): None
For the following categories include materials, techniques and styles in
the description as appropriate:
Roof: L-gabled; asphalt shingles: front skylight
Walls: Clapboard wood lap siding
Foundation / Basement: None
Chimney (s): Metal flue
Windows: One -over -one wood double -hung paired at front -facing gabl
end; with stain glass fixed light at attic gable end
Doors: Not original: fulllightwood
Porches: Front entry; slightly altered; open; shed roof on turned
postswith turned balusters
Page 2 of 2
State Site Number
Local Site Number 920,EH
General Architectural Description: Cross —gabled miner's cottage of
tyl2ical 12roportions. Double hung 12aired windows with ront aable,
very gQod example of style; some changes to the rear.
FUNCTION ARCHITECTURAL HISTORY
Current Use: -Residential Architect: Unknown
Original Use: -Residential Builder: Unknown
Intermediate Use: -Residential Construction Date: 1880's
Actual X Estimate
Assessor
Based On:
MODIFICATIONS AND/OR ADDITIONS
Minor X Moderate Major Moved Date
Describe Modifications and Date: — Minor changes to rear,, skylight
roof, porch modifications
Additions and Date: None
NATIONAL/STATE REGISTER ELIGIBILITY AND CRITERIA
— Is listed on National Register; State Register
— Is eligible for National Register; State Register
Meets National Register Criteria: A — B C — D — E
Map
Key Local Rating and Landmark Designation
Significant: Listed on or is eligible for National Register
Contributing: Resource has maintained historic
architectural integrity.
or
0 Supporting: Original integrity lost due to alterations,
however, is "retrievable" with substantial effort.
Locally Designated Landmark
Justify Assessment: Excellent example of original Aspen Miner's
Cottage
Associated Contexts and Historical Information: The significance of
thosethis residQntial structure is not of who ownedr lived in
althoughnor of its architecture, this structure is rel2resentative
Aspen's Mining Era It is of historical importance by illustrating the
family/home environment and life style(s) of the average citizen of
Aspen which was then dominated by the silver mining industry. This
residence remains almost true to its original appearance and is a
typical Aspen Victorian Miner's Cottage.
Other Recording Information
Specific References to the Structure/Building: Pitkin Counter Court-
house Records Sanborn and Sons Insurance Maps
Archaeological Potential: N (Y or N) Justify:
Recorded By: Georgeann Waggaman Date: September, 1990
Affiliation: Aspen Historic Preservation Committee - City of Aspen
Project Manager: Roxanne Eflin, Historic Preservation Officer/Planner
Wiw
11 N
3 A
mx
NAME OF PROJECT:
CITY CLERK: ��' (C. �-� �j��
STAFF:
WITNESSES: (1)
(2)
(3)
(4)
(5)
EXHIBITS: 1 Staff Report ( )'! (Check If Applicable)
2 Affidavit of Notice ( 1 " (Check If Applicable)
3 Board Criteria Sheet " (Check If Applicable)
0
5
MOTION:
r--
VOTE: YES NO(�)
ROGER HUNT YES NO
1FaBERT-BLXI-CH----fEt-S-- NO
RON-ERICKSON YE
JASMINE TYGRE YES I/ NO
TIMOTHY MOONEY YES NO
STEVEN BUETTOW YES NO
TIM SEMRAU YES NO
APPLICANT: Veronika Inc. represented by Roger Kerr, Architect
LOCATION: 920 E. Hyman, Lot N, Block 32, East Addition to the City
and Townsie of Aspen
ACTION: Landmark Designation
To be eligible for landmark designation, a structure or site must meet two (2) or more
of the five (5) standards contained in Section 26.76.020 of the Municipal Code. It is
not the intention of HPC to landmark insignificant structures or sites. HPC will focus
on those which are unique or have some special value to the community.
Historical Importance: The structure or site is a principal or secondary
structure or site commonly identified or associated with a person or event of
historical significance to the cultural, social, or political history of Aspen,
the State of Colorado, or the United States.
Architectural Importance: The structure or site reflects an architectural style
that is unique, distinct, or of traditional Aspen character, or the structure or
site embodies the distinquishing characteristics of a significant or unique
architectural type (based on building form or use), or specimen.
Designer: The structure is a significant work of an architect or designer whose
individual work has influenced the character of Aspen.
Neighborhood Character: The structure or site is a significant component of an
historically significant neighborhood and the preservation of the structure or site
is important for the maintenance of that neighborhood character.
Community Character: The structure or site is critical to the preservation of the
character of the Aspen community because of its relationship in terms of size,
location and architectural similarity to other structures or sites of historical or
architectural importance.
County of Pitkin }
} ss.
State of Colorado }
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATION
SECTION 26.52.060 (E)
L "�� , being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the
following manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage
prepaid U.S. Mail to all owners of property within three hundred (300) feet
of the subject property, as indicated on the attached list, on the J—day of
�/✓ ,199f(which is l/ days prior to the public hearing date of
2. By posting a sign in a conspicuous place on the subject property (as it could be
seen from the nearest public way) and that the said sign was posted and visible
continuously from the day of��✓ ,1991. (Must be posted for
at least ten (10) full days before the hearing date). A photograph of the posted
sign is attached hereto.
(Attach photograph here) Signatur
Signed before me this
�e day
,199� by
PUBLIC NOTICE
DATE 1- 19 -1999
TIME-4'. 3 0 PM.
CITY HALL- P4Z-
PLACE couNcu_cw+MMKs
PURPOSEHISTORIC
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires : MY Commission Expires
4/7/01
Notary Public
Notary blic's Signature ���;OSA`JFrow
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
FROM: Mitch Haas, Planner/Interim Deputy Director
dkoo"V
RE: 970 Powder Road/Fayez Conditional Use Review for a Detached Accessory
Dwelling Unit (ADU) and 8040 Greenline Review - Public Hearing. Parcel
I.D. No. 2737-182-98006.
DATE: January 19, 1999
SUMMARY: The applicant is requesting Conditional Use approval to construct a
detached garage with a seven hundred (700) square foot, two -bedroom, two and one-half
(2.5) bathroom Accessory Dwelling. Unit (ADU) above. The request is voluntary, and a
GMQS exemption is not being sought. Pursuant to section "G. Accessory Dwelling Unit
or Linked Pavilion" under the definition of "Floor Area," Section 26.04.100 of the Land
Use Code, "An accessory dwelling unit separated from a principal structure by a
distance of no less than ten (10) feet with a maximum footprint of four hundred fifty (450)
square feet, shall be calculated at fifty (50) percent of allowable floor area up to seven
hundred (700) square feet of floor area." Therefore, if approved, the proposed ADU
would be entitled- to an automatic FAR bonus of 350 square feet without the imposition
of mandatory occupancy on the deed restriction.
Since the proposed development would take place within 150 horizontal feet of the 8,040
foot elevation contour, 8040 Greenline Review approval is a prerequisite. The submitted
application is attached as Exhibit A, and referral comments from the Aspen Consolidated
Sanitation District (ACSD), and the Engineering, Housing, and Parks Departments are
included as Exhibit B.
Community Development staff recommends that the 8040 Greenline Review and
Conditional Use for the detached garage and Accessory Dwelling Unit (ADU) at 970
Powder Lane (Lot 6, Aspen Chance Subdivision) be approved with conditions.
APPLICANT: Zuhair H. Fayez (owner), represented by Willis Pember.
LOCATION: Lot 6 of the Aspen Chance Subdivision is located in the City of Aspen at 970
Powder Lane, south of Ute Avenue.
ZONING: Moderate -Density Residential/Planned Unit Development (R-I5/PUD).
CURRENT LAND USE: Detached single-family residential.
LOT SIZE: The lot size is 27,186 square feet (0.624 acres).
ALLOWABLE FAR: The existing structures on the lot have a floor area of 7,550
square feet while the allowable FAR is 5,870 square feet. This is an existing, legally -
created nonconformity. According to the Land Use Code, owners are permitted to
maintain nonconforming situations when developing, provided the nonconformity is in
no way enlarged or expanded upon. The nonconformity is the result of the property
containing 880.5 square feet of countable FAR in decks, balconies, terraces, and patios.
If the proposed conditional use is approved, a 350 square foot FAR bonus would be
automatically granted (see "Summary," above). Under the subject proposal, including the
bonus, 554 square feet of FAR would be created (904 - 350) and the requisite amount (at
least 554 square feet) of deck, balcony, terrace, and patio space would be eliminated (see
"FAR Summary" in Exhibit A).
Note that the application (Exhibit A) represents removal, prior to replacement, of 967
square feet of existing FAR; the applicant made this proposal prior to gaining knowledge
that the proposed ADU, if approved, would be granted an automatic FAR bonus of 350
square feet. Thus staff would not hold this representation as "material" and subject to the
last recommended condition of approval; rather, staff would simply require that at least as
much FAR as is created be removed.
PROPOSED LAND USE: The lot contains an existing single-family residence and
accessory "out" buildings. The existing residence would remain as it currently exists
with the exception of the removal of some deck, balcony, terrace, and/or patio space. The
proposal calls for augmenting the property by constructing a detached building that
would contain a partially underground one -car garage with storage and a mechanical
room, along with a fully above grade two -bedroom, two and one-half (2.5) bath accessory
dwelling unit above.
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). 8040 Greenline Review is a concurrent one-step process that
requires neither a public hearing, nor publishing, posting, or mailing of notification.
The following sections of the code are applicable to this review: Section 26.40.090,
Accessory Dwelling Units; Section 26.28.050, Moderate -Density Residential (R-15);
Section 26.60.040, Standards Applicable to All Conditional Uses; Section 26.68.030,
8040 Greenline Review; and, Section 26.58.040, Residential Design Standards.
The Code provides that (Section 26.58.020 (B)) "in order to proceed with additional land
use reviews or obtain a Development Order, staff shall find the submitted development
application consistent with the Residential Design Guidelines." This review has been
carried out and approved by staff.
BACKGROUND: The lot in question was created as part of the Aspen Chance
Subdivision and PUD. If approved, the current proposal would result in a detached one-
2
car garage with a two -bedroom ADU above. As required by the Code, the ADU would
contain between 300 and 700 square feet of floor area with private kitchen (two -burner
stove with oven, standard sink, and a six cubic foot refrigerator plus freezer), bathroom,
and access. The one -car garage and associated driveway would provide two (2) off-street
parking spaces. The proposed ADU would be completely voluntary as the applicant is
not seeking an exemption from the requirements of the Growth Management Quota
System.
STAFF COMMENTS:
Section 26.40.090, Accessory Dwelling Units
The provisions of Sections 26.40.090(A)(1) and 26.40.090(E) require that all ADUs
contain between 300 and 700 square feet of net livable area. The proposed unit would
contain approximately 700 square feet of net livable area. The applicant is aware that the
unit is required to be deed restricted, meeting the housing authority's guidelines for
resident occupied units and shall be limited to rental periods of not less that six (6)
months in duration. The owner of the principal residence shall retain the right to place a
qualified employee(s) of his/her choosing in the ADU. Since the unit would be above -
grade, detached from the principal residence by more than ten (10) feet, and have a
footprint of less than 450 square feet, the applicant would obtain an FAR bonus of 350
square feet (or half of the finished square footage of the unit, whichever is less), but the
housing office will not retain the right to fill the unit if left vacant. The one -car garage
and associated driveway would provide two (2) off-street parking spaces.
Section 26.40.090(A)(2) does not apply to the proposal as the unit would be detached.
Section 26.40.090(A)(3) is met because the proposal calls for placing the ADU above a
detached garage, and the property is accessed by a secondary road (Powder Lane is
reached via North Alps Place, off of Ute Avenue). Section 26.40.090(A)(4) does not
apply to this proposal as alley access is not available.
Section 26.40.090(B)(1), Development review standards for a detached accessory
dwelling unit, requires that
The proposed development be compatible with and subordinate in character to the
primary residence located on the property and with the development located within the
neighborhood, and assuming year-round occupancy, shall not create a density pattern
inconsistent with the established neighborhood.
The architectural character of the proposed structure is consistent with the Subdivision
Homeowner Covenants regarding architectural standards, exterior finishes, and
previously approved colors. The exterior finishes of the proposed structure would be
identical to those of the existing house --- dull green, stained clapboards and stone. The
massing and scale of the unit is clearly subordinate to that of the existing, main house as
well as to the massing and scale of other structures in the neighborhood.
3
The proposed accessory dwelling unit is consistent with the residential use of the Aspen
Chance Subdivision. ADUs are not counted as units of density, but this unit would be
consistent with the intentions of the Subdivision as two of three employee units initially
approved for the PUD have been built on other parcels. Thus, placement of a small, deed
restricted dwelling unit within the PUD is consistent with the established pattern of use.
Section 26.40.090(B)(2), Development review standards for a detached accessory
dwelling unit, requires that
Where the proposed development varies from the dimensional requirements of the
underlying zone district, the Planning and Zoning Commission shall find that such
variation is more compatible in character with the primary residence than the
development in accord with the dimensional requirements. The following dimensional
requirements may be varied:
a. Minimum front and rear yard setbacks;
b. Minimum distance between buildings on the lot;
c. Maximum allowed floor area may be exceeded up to the bonus allowed for
accessory dwelling units;
d. The side yard setback shall be a minimum of three (3) feet ...
With the proposed layout, all dimensional requirements with the one exception of side
yard setbacks would be met. The R-15 zone district has a minimum side yard setback of
ten (10) feet, and the proposed structure would have a side yard setback of just three (3)
feet. While the above cited standard states that the side yard setback shall be a minimum
of three (3) feet and the proposal complies with this, staff interprets the standard to allow
for a three (3) foot side yard setback only if the Commission finds the variation to be
more compatible in character with the primary residence than would be development in
accord with the dimensional requirements.
As proposed, the new structure would be detached from the primary residence by
approximately twenty (20) feet. If made to comply with the ten (10) foot minimum side
yard setback of the R-15 zone, the two structures would be separated by just thirteen (13)
feet, making the driveway parking space for the ADU move in front of the existing
structure, rather than staying completely off to the side. Furthermore, in a May 15, 1989,
administrative approval of an Insubstantial PUD Amendment for the Aspen Chance
Subdivision and PUD, the following "Finding" was made:
The intent of the original PUD was to keep as march of the bulk off Ute Avenue [as
possible] and to step the building mass away from this road, toward the mountain.
By allowing the three (3) foot side yard setback for the proposed ADU structure, the
intent of the original PUD would be better maintained than it would with development in
accord with the dimensional requirements. Thus, staff recommends approval of this
variation.
4
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.
RESPONSE: The stated purpose of the R-15 zone district "is to provide areas for long-
term residential purposes with customary accessory uses." ADUs are allowed as
conditional uses in the R-15 zone district, and approval would provide an accessory
dwelling unit available for long-term residential purposes. Furthermore, 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 specified
purposes, goals, objectives, and standards of the AACP:
• "Promote, market and implement Cottage Infill and Accessory Dwelling Unit
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,
• "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."
(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.
RESPONSE: The proposed accessory dwelling unit is consistent with the residential use
of the Aspen Chance Subdivision. ADUs are not counted as units of density, but this unit
would be consistent with the intentions of the Subdivision as two of three employee units
initially approved for the PUD have been built on other parcels. Thus, placement of a
small, deed restricted dwelling unit within the PUD is consistent with the established
pattern of use.
(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.
RESPONSE: The proposed building would be set at the toe of the slope, with the first
level partially below grade. According to the applicant, do to its siting, small size, and
relocation of existing plantings, the ADU would not be visible from any other property
within the PUD, Ute Avenue, or North Alps Place. Although obscured by a dense screen
of evergreens, it would be minimally visible from its immediate neighbor at Lot 7. From
5
the vantage point of the ski easement above the site, the density of the forest will
effectively obscure any sight lines to the new structure during all seasons. The existing
circular driveway is adequate to serve the new unit, with the creation of a new one -car
(tapers from 12' to 9' in width and runs for approximately 20' in length) driveway.
As described earlier, the size of the structure would be subordinate to the principal
residence, and the design would be compatible with the main structure as well. Like
every other residence in the Aspen Chance Subdivision, the ADU's parking and trash
service will be accessed from the street. No noise, vibration, or odor related impacts are
anticipated. The proposed ADU will operate like any other residence or ADU found in
the neighborhood. The anticipated impacts will 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.
RESPONSE: There are adequate public facilities and services to serve the proposed uses.
See Engineering and ACSD referral comments, attached as Exhibit B.
(E) The applicant commits to supply affordable housing to meet the incremental need
for increased employees generated by the conditional use.
RESPONSE: While the proposed development of an ADU will not generate an increase
in the employment base, the applicant will be supplying an ADU which, pursuant to
Section 26.40.090(A)(1) and (E), will be deed restricted, registered with the housing
office, and available for rental to an eligible working resident 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.
(F) The proposed conditional use complies with all additional standards imposed on it
by the Aspen Area Comprehensive Plan and by all other applicable requirements of this
title.
RESPONSE: The proposed conditional uses 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.
Section 26.68.030, 8040 Greenline Review
Pursuant to Section 26.68.030(A), "the provisions of 8040 greenline review shall apply to
all development located at or above 8040 feet above mean sea level (the 8040 greenline)
in the City of Aspen, and all development within one hundred fifty (150) feet below the
8040 greenline." As the proposed development falls within 150 feet of the 8,040 foot
elevation contour and does not meet the exemption provisions of Section 26.68.030(B) of
the code, an 8040 Greenline Review is required. The applicant has provided responses to
the eleven (11) standards contained in Section 26.68.030(C), 8040 Greenline Review
Cl
Standards, of the Aspen Land Use Regulations (see Exhibit A). These eleven (11)
standards and staff s responses follow.
1. The parcel on which the proposed development is to be located is suitable for
development, considering its slope, ground stability characteristics, including mine
subsistence and the possibility of mud flow, rockfalls and avalanche dangers. If the
parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and
revegetate the soils, or, where necessary, cause them to be removed from the site to
a location acceptable to the city.
RESPONSE: The applicant has submitted a report prepared by Hepworth-Pawlak
Geotechnical, Inc., and said report is included with the attached Exhibit A. The report
concludes that construction of the proposed structure should be feasible as planned. The
risk of major geologic hazards affecting the construction appears low and probably no
greater than that associated with the adjacent, existing residences. Staff has included a set
of recommended conditions based on the findings and suggestions of the Hepworth-
Pawlak report.
2. The proposed development does not have a significant adverse affect on the natural
watershed, runoff, drainage, soil erosion or have consequent effects on water
pollution.
RESPONSE: The proposed development would not have a significant adverse affect on
the natural watershed, nor would it cause increased runoff, drainage, soil erosion or water
pollution. . Any development on the site would be required by the recommended
conditions of approval to comply with the city's "Urban Runoff Management Plan" and
the requirements of Section 26.88.040(C)(4)(f) of the Municipal Code.
There is a mine drainage ditch on the property and this ditch supplies both Glory Hole
Park and the ditches in the malls. The ditch may not be relocated or in any way altered
until a written agreement (an amended ditch maintenance agreement or a ditch relocation
agreement) is entered into with the City Water Department; such an agreement will have
to be executed prior to submittal of a building permit application. The ditch water flow
may not be interrupted for more than two days, and the Parks Department must be
notified prior to any interruptions of flow. Also, the City will reserve, with this approval,
the right to a ditch maintenance easement of adequate width for access; the location and
dimensions of the easement will need to be finalized as part of the relocation agreement.
3. The proposed development does not have a significant adverse affect on the air
quality in the city.
RESPONSE: No significant impacts on air quality are anticipated as a result of the
proposed development.
4. The design and location of any proposed development, road or trail is compatible
with the terrain on the parcel on which the proposed development is to be located.
7
RESPONSE: The proposed building would be set at the toe of the slope, with the first
level partially below grade. Currently, the site of the proposed development contains a
landscaped lawn area with recently planted evergreens from 4"-6" in diameter.
According to the applicant, do to its siting, small size, and relocation of existing
plantings, the ADU would not be visible from any other property within the PUD, Ute
Avenue, or North Alps Place. Although obscured by a dense screen of evergreens, it
would be minimally visible from its immediate neighbor at Lot 7. From the vantage
point of the ski easement (which would remain unaltered) above the site, the density of
the forest will effectively obscure any sight lines to the new structure during all seasons.
The existing circular driveway is adequate to serve the new unit, with the creation of a
new one -car driveway (tapers from 12' wide to 9' wide and runs for approximately 20' in
length) with a cut that would not exceed 24" from existing grade.
As described earlier, the size of the structure would be subordinate to the principal
residence, and the design would be compatible with the main structure as well. Like
every other residence in the Aspen Chance Subdivision, the ADU's parking and trash
service will be accessed from the street. No noise, vibration, or odor related impacts are
anticipated. The proposed ADU will operate like any other residence or ADU found in
the neighborhood. The anticipated impacts will be negligible.
5. Any grading will minimize, to the extent practicable, disturbance to the terrain,
vegetation and natural features.
RESPONSE: Grading around the proposed structure would be minimized, and four (4)
evergreens would be relocated between the proposed structure and the existing driveway.
6. The placement and clustering of structures will minimize the need for roads, limit
cutting and grading, maintain open space, and preserve the mountain as a scenic
resource.
RESPONSE:. Please refer to the staff responses to 8040 Greenline Review standards 4
and 5, above.
7. Building height and bulk will be minimized and the structure will be designed to
blend into the open character of the mountain.
RESPONSE: The height of the proposed structure would be within the twenty-five (25)
foot restriction set by the Land Use Code. A portion of the structure would be located
below grade while the bulk of the structure has been designed blend with the slope of the
hillside. Again, please refer to the staff response to 8040 Greenline Review standard 4,
above.
8. Sufficient water pressure and other utilities are available to service the proposed
development.
RESPONSE: The ability to service the lots of the Aspen Chance Subdivision with
utilities was reviewed in depth as part of the subdivision/PUD approval. Since then, the
8
developer has supplied the building site with adequate water service. All other utilities
are sufficiently .sized and the addition of an ADU will not adversely affect the ability to
serve this or other properties.
9. Adequate roads are available to serve the proposed development, and said roads can
be properly maintained.
RESPONSE: Adequate roads are available to serve the proposed development and said
roads have been and will continue to be properly maintained.
10. Adequate ingress and egress is available to the proposed development so as to
ensure adequate access for fire protection and snow removal equipment.
RESPONSE: The site maintains adequate ingress and egress, and access for fire
protection and snow removal equipment will continue to be adequately provided with the
Powder Lane cul-de-sac fronting the property.
11. Any trail on the parcel designated on the Aspen Area Comprehensive Plan:
Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. Provide
access to natural resources and areas of special interest to the community.
RESPONSE: There is an existing ski easement located above the subject property. This
trail and associated easement would not be impacted by the proposed development;
nevertheless, staff is recommending a condition of approval stating that no construction
access is permitted via the trail, and no storage of fill or other materials is allowed to
occur within the trail easement.
STAFF FINDINGS: Based upon review of the applicant's land use application and the
referral comments, Community Development staff finds that there is sufficient
information to support approval of the request, with conditions.
RECOMMENDATION: Community Development staff recommends that the 8040
Greenline Review and Conditional Use requests for the proposed Accessory Dwelling
Unit at 970 Powder Lane (Lot 6, Aspen Chance Subdivision) in the City of Aspen be
approved with the following conditions:
1. The building permit application shall include:
a. A revised Improvement Survey indicating that the two westernmost monuments were
found or set, and clearly stating that "all easements of record as indicated on Title
Policy Number , dated [within the past 12 months] are shown hereon;"
b. Housing Office verification that the net livable floor area of the Accessory Dwelling
Unit (ADU) will be between 300 and 700 square feet, that the unit will be totally
private, have a private entrance, and have no rooms (i.e., mechanical rooms, etc.) that
might need to be accessed by people in the principle residence;
c. Housing Office verification that the 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;
d. A copy of a signed and recorded Housing Office issued Deed Restriction for the
ADU; .
9
e. Clear identification of the ADU on building permit plans as a separate two -bedroom
unit, separated from the primary residence;
f. Provision of at least two (2) 8.5' x 20' on -site parking spaces for the two -bedroom
ADU indicated on the final plans;
g. Plans for the installation of 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;
h. The location of 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;
i. Working drawings to verify all height, setback, site coverage, and floor area
calculations, as well as lot size and lot area calculations;
j. A copy of an executed tap permit(s) 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;
k. Verification that the proposed plans for the ADU will comply with all UBC
requirements including but not limited to those addressing natural light and
ventilation standards, and that the proposed plans will provide a sound attenuation
wall/barrier between the ADU and the garage located below it;
1. 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;
and,
m. 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. If constructed, only fifty (50) percent or 350 square feet of the ADU's floor area,
whichever is less, shall be counted toward the total allowable Floor Area on the property.
Furthermore, at least as much FAR as is created shall be decommissioned/removed.
5. The ADU structure shall be permitted to have a three (3) foot side yard setback.
6. An amended ditch maintenance agreement or a ditch relocation agreement must be
executed prior to submission of a building permit application. The ditch water flow may
not be interrupted for more than two days, and the Parks Department must be notified
prior to any interruptions of flow. The City reserves the right to a ditch maintenance
10
easement of adequate width for access; the location and dimensions of the easement will
need to be finalized as part of the relocation agreement.
7. 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.
8. The applicant shall provide a roof overhang or other sufficient means of preventing snow
from falling on both the stairway leading to the door and the area in front of the door to
the ADU; sufficient means of preventing icing of the stairway is also required.
9. Prior to submitting an application for building permit, any needed tree removal permit(s)
must be obtained from the Parks Department for any tree(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 of fill material can
occur within this/these dripline(s). Similarly, the ski easement located above the subject
property shall not be impacted by any of this development, no construction access is
permitted via the trail, and no storage of fill or other materials is permitted within the
trail easement.
10. 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 permitapplication must include a temporary
sediment control and containment plan for the construction phase, and a drainage
mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer
registered in the State of Colorado. If drywells are an acceptable solution for site
drainage, a soils report must be provided with percolation tests to verify the feasibility of
this type of system. Drywells may not be placed within utility easements. A foundation
drainage system with on -site detention is required, must be shown on drainage plans
prior to permit drawings, and must be separate from the storm drainage system. The
ADU drainage may be conveyed to existing landscaped areas if the drainage report
demonstrates that the percolation rate and the retention volume meet the design storm.
11. Cut depths for the garage level shall be limited to no more than ten (10) feet to
minimize the risk of construction -induced slope instability. Surface drainage shall be
provided away from the structure in all directions. Fill soils shall be evaluated for
concentrations of lead or other heavy metals at the time of excavation, and if
contaminated soils are encountered they shall be removed or capped. The foundation
design shall be approved by a professional engineer considering the observations and
findings of the submitted Hepworth-Pawlak Geotechnical, Inc., report (Job No. 198
753, dated November 18, 1998 and revised November 19, 1998).
12. 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 8040 Greenline Review and
Conditional- Use requests for the proposed, detached and above -grade, two -bedroom, two
and one-half (2.5) bath Accessory Dwelling Unit at 970 Powder Lane (Lot 6, Aspen
Chance Subdivision) in the City of Aspen with the conditions recommended in the
Community Development Department memo dated January 19, 1999."
EXHIBITS: "A" - Conditional Use Application
"B" - Referral Comments
11
P&Z Resolution 99-2
Page 1 of 3
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING BOTH AN 8040 GREENLINE REVIEW AND A CONDITIONAL USE
FOR A DETACHED, ABOVE -GRADE ACCESSORY DWELLING UNIT ON LOT 6
OF THE ASPEN CHANCE SUBDIVISION, 970 POWDER LANE, CITY OF ASPEN,
COLORADO
Parcel No. 2737-182-98006
Resolution 99-2
WHEREAS, the Community Development Department received an application from
Zuhair H. Fayez, owner, (represented by Willis Pember, architect) for approval of an 8040
Greenline Review and Conditional Use review for a detached garage with a 700 square foot two -
bedroom, two and one-half (2.5) bath Accessory Dwelling Unit above; and
WHEREAS, pursuant to Sections 26.40.090 and 26.60.040 of the Aspen Municipal
Code, an Accessory Dwelling Units may be approved as a Conditional Use by the Planning and
Zoning Commission in accordance with the requirements of said Sections; and
WHEREAS, pursuant to Sections 26.68.020 and 26.68.030 of the Aspen Municipal
Code, 8040 Greenline Reviews may be approved by the Planning and Zoning Commission in
accordance with the requirements of said Sections; and
WHEREAS, the Community Development Department, the Aspen Consolidated
Sanitation District, the Engineering Department, the Parks Department, the Water Department,
and the Housing Authority reviewed the proposal and recommended approval with conditions;
and
WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting
of the Planning and Zoning Commission on January 19, 1999, at which time the Commission
received and considered public comment, and approved by a to (_ - __) vote the
proposed 8040 Greenline Review and Conditional Use Review for the 970 Powder Lane with the
conditions recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the 970 Powder Lane (Lot 6, Aspen Chance Subdivision) 8040 Greenline Review and
Conditional Use requests for a detached garage with a 700 square foot, two -bedroom, two and
one-half (2.5) bath Accessory Dwelling Unit above be approved with the following conditions:
1. The building permit application shall include:
a. A revised Improvement Survey indicating that the two westernmost monuments were
found or set, and clearly stating that "all easements of record as indicated on Title Policy
Number , dated [within the past 12 months] are shown hereon;"
b. Housing Office verification that the net livable floor area of the Accessory Dwelling
Unit (ADU) will be between 300 and 700 square feet, that the unit will be totally private,
have a private entrance, and have no rooms (i.e., mechanical rooms, etc.) that might need
to be accessed by people in the principle residence;
c. Housing Office verification that the 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;
P&Z Resolution 99-2
Page 2 of 3
d. A copy of a signed and recorded Housing Office issued Deed Restriction for the ADU;
e. Clear identification of the ADU on building permit plans as a separate two -bedroom
unit, separated from the primary residence;
f. Provision of at least two (2) 8.5' x 20' on -site parking spaces for the two -bedroom ADU
indicated on the final plans;
g. Plans for the installation of 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;
h. The location of 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;
i. Working drawings to verify all height, setback, site coverage, and floor area calculations,
as well as lot size and lot area calculations;
j. . A copy of an executed tap permit(s) 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;
k. Verification that the proposed plans for the ADU will comply with all UBC requirements
including but not limited to those addressing natural light and ventilation standards, and
that the proposed plans will provide a sound attenuation wall/barrier between the ADU
and the garage located below it;
1. 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;
and,
m. 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. If constructed, only fifty (50) percent or 350 square feet of the ADU's floor area, whichever
is less, shall be counted toward the total allowable Floor Area on the property. Furthermore,
at least as much FAR as is created shall be decommissioned/removed.
5. The ADU structure shall be permitted to have a three (3) foot side yard setback.
6. An amended ditch maintenance agreement or a ditch relocation agreement must be executed
prior to submission of a building permit application. The ditch water flow may not be
interrupted for more than two days, and the Parks Department must be notified prior to any
interruptions of flow. The City reserves the right to a ditch maintenance easement of
adequate width for access; the location and dimensions of the easement will need to be
finalized as part of the relocation agreement.
P&Z Resolution 99-2
Page 3 of 3
7. 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.
8. The applicant shall provide a roof overhang or other sufficient means of preventing snow
from falling on both the stairway leading to the door and the area in front of the door to the
ADU; sufficient means of preventing icing of the stairway is also required.
9. Prior to submitting an application for building permit, any needed tree removal permit(s)
must be obtained from the Parks Department for any tree(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 of fill material can occur
within this/these dripline(s). Similarly, the ski easement located above the subject property
shall not be impacted by any of this development, no construction access is permitted via the
trail, and no storage of fill or other materials is permitted within the trail easement.
10. 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 temporary sediment
control and containment plan for the construction phase, and a drainage mitigation plan (full
size - 24" x 36") and report, both signed and stamped by an engineer registered in the State
of Colorado. If drywells are an acceptable solution for site drainage, a soils report must be
provided with percolation tests to verify the feasibility of this type of system. Drywells may
not be placed within utility easements. A foundation drainage system with on -site detention
is required, must be shown on drainage plans prior to permit drawings, and must be separate
from the storm drainage system. The ADU drainage may be conveyed to existing
landscaped areas if the drainage report demonstrates that the percolation rate and the
retention volume meet the design storm.
11. Cut depths for the garage level shall be limited to no more than ten (10) feet to minimize the
risk of construction -induced slope instability. Surface drainage shall be provided away from
the structure in all directions. Fill soils shall be evaluated for concentrations of lead or other
heavy metals at the time of excavation, and if contaminated soils are encountered they shall
be removed or capped. The foundation design shall be approved by a professional engineer
considering the observations and findings of the submitted Hepworth-Pawlak Geotechnical,
Inc., report (Job No. 198 753, dated November 18, 1998 and revised November 19, 1998).
12. 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.
APPROVED by the Commission at its regular meeting on January 19, 1999.
APPROVED AS TO FORM:
David Hoefer, Assistant City Attorney
Attest:
Jackie Lothian, Deputy City Clerk
c:\home\mitchh\p&zmemos\970reso.doc
Planning and Zoning Commission:
Jasmine Tygre, Vice Chairperson
C) U E �
NORTH ELEVATION
seal• 1/8' . 1..0.
FAYEZ RESIDENCE ADU
Accesory Dwelling Unit for
Lot #6, Aspen Chance Subdivision
970 Powder Lane Aspen, CO
WILLIS PEMBER ARCHITECTS INC
412 NORTH MILL STREET ASPEN CO 81 61 1
111 1 i l i
11 1 1 1 I
WEST ELEVATION
scale 1/8' . 1'•0'
L_ _ _ --_ — — _ _ .I_ _ _ _ _ _ _
_ _ _
_ _ _ _ _ _ _
_ _ _
i
II
FAYEZ
RESIDENCE
A
D
U
A c c e s o r y Dwelling Unit for
Lot #6, Aspen Chance Subdivision
970 Powder Lane Aspen, CO
WILLIS PEMBER ARCHITECTS INC
412 NORTH MILL STREET ASPEN CO 81611
HOUSIng office
City of As on PlItkin County
4 30 EW Moira Street:, L6wer level'
Aspen, 'Colorado 81 jai 1.
Fax: (970) '920-5580
TO; Ditch Haas, Community Development Dept,
FROM; Stefanie A. Leveaque, dousing Offloe ;
DATE: December 30, 1998
FEE: l:ayez Group Conditional Use f'or an ADU 970 Powder Road
Parcel ID No. 2737-182.98006
KEf T; 'he applicant is requesting approval for an aomssory dwelling unit to i located above an
attached garage.
BACKd!JQ-UKQ-. According to Section 26.40,090, A=essoryDwe9hyg Unjts, a.unit shell contain' riot lass
than 300 square feW of -net lhtable ame and not more -than 700: square feat of net livable area. '
ISSUES, When the Housing Office reviews plans for an accessary dwelling unit, there are paftulae areas"
that are given steciai attention. They are as follows:
1. ilia tznit must be a totally private unit, which means.the unit must have a private entr;�nc a and the
shall 'be no other roorns .n this {,unit that need to be utilized by the individuals In the principal
residence; i.e., a mechanical room far the principal residence.
2. The W,tchen includes a minimum of a two -burner stove with oven, standard sink, and a 6-cubic W,
refrlgeraior plus freezer.
3. The unit is required to have a certain perwntage of natural fight into the unit; Le.,.*ndows, sliding,
glass door, window welts, etc., especially if the unit is located below grade. The Uniform -Building
Code requires that 10% of the floor area of a unit needs to have natural light, Natural light is di flhed
as light whioh is clear and open -to the sky.
4. A deed re'*iadon MUST be recorded PRIOR to building permit approval. ThO, deed restriction shall
be obtained from the Housing Offl e. .
RECQN1!4gW2,A►TL0N: After reviewing the appllcationI the Housing Office recommends appmyal on the
condition that issues 1-4 above are mat prior try building permit approval. Prior to CA the Housing ;011 ice
requires a site -tour to inspect the unit.
lnafmfteJW93,adu
To: Mitch Haas, Planner
Thru: Nick Adeh, City Engineer
1'(
From: Chuck Roth, Project Engineer`
Date: December 28, 1998
Re: 970 Powder Road Conditional Use for an Accessory Dwelling Unit and 8040 Greenline
Review
The Development Review Committee has reviewed the above referenced application at their December
16, 1998 meeting, and we have the following comments:
General - These comments are based on the fact that we believe that the site plan can work. The wording
must be carried forward exactly as written unless prior consent is received from the Engineering
Department. This is to halt complaints related to approvals tied to "issuance of building permit."
1. Improvement Survey - The improvement survey does not indicate if the two westernmost
monuments were found or set. The improvement survey also lacks acceptable information concerning
easements. The revised improvement survey must clearly state that "all easement of record as indicated
on Title Policy Number , dated [within past 12 months] are shown hereon." There is
apparently at least a ski easement that was not shown. These revisions must be incorporated prior to
acceptance of a building permit application
2. Site Drainage - The existing City storm drainage infrastructure system is does not have additional
capacity to convey increased storm runoff. The site development approvals must include the requirement
of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that
the building permit application include a drainage mitigation plan (24"06" size plan sheet or on the lot
grading plan) and a report signed and stamped by an engineer registered in the State of Colorado,
submitted as part of the building and site plan, as well as a temporary sediment control and containment
plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report
must be provided with percolation test to verify the feasibility of this type system. Drywells may not be
placed within utility easements. The foundation drainage system should be separate from storm drainage,
must be detained on site, and must be shown on drainage plans prior to permit drawings. The ADU
drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the
percolation rate and the retention volume meet the design storm.
3. Parks Department - The application is lacking information about existing vegetation that may be
impacted by proposed development. It is recommended that the applicant begin the tree removal permit
process before going to P & Z. There is a mine drainage ditch on the property which supplies Glory Hole
Park and the malls. The ditch may not be altered until a written agreement is entered with the City Water
Department. The ditch water flow may not be interrupted for more than two days, and the Parks
Department must be notified prior to any interruptions of flow. Both the Parks Department and the Water
Department will provide separate review memos to the planner.
4. Aspen Consolidated Sanitation District - The separate ADU building will require a separate 4"
service line.
5. Housing Authority - The project provides good light to the ADU. Because the ADU is detached, the
applicant is entitled to an FAR bonus.
6. Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the applicant as follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights -of -way, parks department (920-5120) for
vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes ,
street and alley cuts, and shall obtain permits for any work or development, including landscaping, within
public rights -of -way from the city community development department.
DRC Attendees
Staff: Mitch Haas, Stephanie Levesque, Tom Bracewell, Rebecca Schickling, Chuck Roth
Applicant's representative: Willis Pember
98M197
Memorandum
TO: Mitch Haas, Community Development Planner
FROM: Rebecca Schickling, Assistant Parks Director
DATE: December 22,1998
RE: 970 Powder Road: Conditional Use for an ADU and 8040 Greenline
CC: Phil Overyender, Water Director
Chuck Roth, Engineering Department
We have reviewed the submitted application and offer the following comments.
Neither the survey nor any subsequent drawings show any vegetation that exists on the
property or may be impacted by the development. We recommend that a Landscape
Plan showing existing and proposed conditions, be supplied as soon as possible in case
there are any large or significant trees that will be required to be protected by design or
protected during the construction project.
The ski easement located above the property must not be impacted by any of this
development. No construction access is permitted via the trail or storage of fill or
materials is allowed to occur within the trail easement.
The final comment on the application is in regard to the artesian well and the Durant
Mine Ditch. The City of Aspen has an adjudicated water right on the Durant Mine;
however, the City does not perform any ditch maintenance until the ditch reaches Ute
Ave. As per the comments submitted by Phil Overyender of the Water Department, an
amended ditch maintenance agreement or a ditch relocation agreement will be
necessary prior to submission of the building permit application. The City reserves the
right to a ditch maintenance easement, which will need to be finalized as part of the
relocation agreement and with adequate width for access.
�s�pen C012Sof dQfed cc��z1211 ailO12 `��sir cf
565 North Mill Street
Aspen, Colorado 81611
Tele. (970) 925-3601
Sy Kelly - Chairman
Paul Smith - Treas.
Louis Popish - Secy.
December 11, 1998
Mitch Haas
Community Development
130 S. Galena
Aspen, CO 81611
Re: 970 Powder Run ADU
Dear Mitch:
FAX #(970) 925-2537
Michael Kelly
Frank Loushin
Bruce iMatherly, M-r.
EC I
_,P.
, L�{ •� ,G1
it L� A 1998
U
L. c21-i OPA EN T
The existing residential unit on the property is currently connected to the public system by a
private collection system that serves the subdivision. The addition an ADU will not adversely
effect our ability to continue to serve. The proposed ADU should be connected by a separate four
inch service line. The applicant should contact the district's line superintendent for more
information.
Service from the district is contingent upon compliance with the district's rules, regulations, and
specifications which are on file at the district office. Fees for the project can be estimated once
detailed plans are available and a tap permit is completed at our office. We would request that a
tap permit be completed prior to the issuance of a building permit. .
Sincerely,
&,., - �
Bruce Matherly
District Manaizer.
EPA Awards of Excellence
1976 • 1986 • 1990
Regional and National
Phi i Overeyn er, : PM 2 / 14%-S8 ,.9-7-( Powder Roa Re errs
X-Sender: philo@water
Date: Mon, 14 Dec 1998 15:03:55 -0700
To: mitchh@ci.aspen.co.us
From: Phil Overeynder <philo@ci . aspen. co. us>��A"f�fZ. .
Subject: 970 Powder Road Referral
Cc: Toss@ci.aspen.co.us, nicka@ci.aspen.co.us, janicev@ci.aspen.co.us,
AandCCFC@aol.'com
Mitch,
I won't be able to attend the Weds DRC meeting so I am providing comments
on
this one early.
This project appears to propose to relocate one of the laterals to the
Durant Mine Ditch. The City holds rights to this ditch and has an agreement
with the Aspen Chance Subdivision for ditch maintenance. The proposed ADU
appears to be located where the existing ditch lateral crosses Lot 6. There
is no specific plan addressing relocation of the ditch although Exhibit AA
appears to show a new alignment for the ditch as it crosses the site for
the
proposed ADU. If this the proposed alignment, it does not leave adequate
room for ditch maintenance between the steep slope to the south of the ADU
and the proposed construction.
If the ditch is to be relocated, the ditch maintenance agreement will need
to be amended or a ditch relocation agreement will be necessary. In either
case adequate room will need to be 2rovided for maintenance of the ditch by
providing an easement. The width of the easement would be dependent on site
conditions and the equipment access needs for this site.
Please feel free to call me at x 5111 if you have any questions regarding
our comments. Thanks,
Phil
Frinted for Mitch Haas-<mitchh@ci.aspen.co.us>
APPLICANT: Zuhair Fayex, represented by Willis Pember
LOCATION: Lot 6 of the Aspen Chance Subd., located at 970 Powder Lane
ACTION: CONDITIONAL USE FOR A DETACHED ACCESSORY DWELLING
UNIT AND 8040 GREENLINE REVIEW
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.
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.
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.
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.
The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use.
The proposed conditional use complies with all additional standards imposed
on it by the Aspen Area Comprehensive Plan and by all other applicable
requirements of this title.
- OVER -
The side yard setback shall be a minimum of three feet.
The intent of the original PUD was to keep as much of the bulk off
UTE Avenue (as possible) and to step the building mass away from this
road, toward the mountain.
8040 Greenline Review,,
The provisions of 8040 greenline review shall apply to all development
located at or above eight thousand forty (8040) feet above mean sea
level (the 8040 greenline) in the City of Aspen, and to all development
within one hundred fifty (150) feet below the 8040 greenline, unless
exempted by the Community Development Director.
8040 greenline review standards. No development shall be permitted at,
above, or one hundred fifty (150) feet below the 8040 greenline unless the
Planning and Zoning Commission makes a determination that the proposed
development complies with all requirements set forth below.
1. The -larcel on which the proposed development is to be located is
suitable for development considering its slope, ground stability
characteristics, including mine subsidence and the possibility of
mud flow, rock falls and avalanche dangers. If the parcel is found
to contain hazardous or toxic soils, the applicant shall stabilize and
revegetate the soils, or, where necessary, cause them to be removed
from the site to a location acceptable to the city.
2. The proposed development does not have a significant adverse effect
on the natural watershed, runoff, drainage, soil erosion or have
consequent effects of water pollution.
3. The proposed development does not have a significant adverse effect
on the air quality of the city.
4. The design and location of any proposed development, road, or trail
is compatible with the terrain on the parcel on which the proposed
development is to be located. .
5. Any grading will minimize, to the extent practicable, disturbance to
the terrain, vegetation and natural land features.
6. The placement and clustering of structures will minimize the need
for roads, limit cutting and grading, maintain open space, and
preserve the mountain as a scenic resource.
State of Colorado )
ss AFFIDAVIT OF JANET RACZAK
County of Pitkin )
I, JANET RACZAK, Affiant, being of lawful age and duly sworn upon my oath, do depose and
state as follows:
1. On January 6, 1999, I accessed the Pitkin County Assessor's records via its Website at
http://www.aspen.com/assessor/, and checked the information for each of the records identified
as adjacent to the subject on the mapping provided by the Assessor's Office to assure that all
addresses and owners remained the same as those found in our search of October and November
of 1998.
2. Based on my research, I confirmed that the most current list of names and addresses was provided
to Willis Pember, representative, for submittal to Aspen Community Development Office.
3. I made a good faith effort to obtain an accurate list of the names and addresses of the land owners
adjacent to Fayez property assigned Parcel ID No. 273718298006, located on the maps at the
Assessor's Office (see Exhibit "A" ).
FURTHER, AFFIANT SAYETH NOT.
- q2,, I-
Ja L. Raczak
The foregoing instrument was acknowledged and signed before me this 6`h day of January, 1999
by Janet L.. Raczak.
WITNESS my hand and official seal.
My commission expires:
w
( SEAL) NOTARY PUBLIC
L
EXHIBIT "A"
E'
FAYEZ LAND USE APPLICATION
Subject Parcel: Lot 6, Aspen Chance Subdivision
Physical Address: 970 Powder Lane, Aspen CO 81611
F
List of Property Owners Within 300 Feet of Subject
Gaard Hopkins Moses
Ute Chalet Inc.
Mary Lynn Patton
POB 1284
POB 21
Aspen CO 81612-1284
Aspen CO 81612
Indarosa Ltd.
Moses Aspen View Homesite, Inc. c/o ATU GO-neral Trust Ltd.
C/o Leon Hirsch
19 Farnham Park
150 Glover Ave.
Houston TX 77024
f Norwalk, CT 06856
GLC Trust
Aspen Alps Condominium Association William A. Newsom Associates
POB 1228
POB 15.69
Aspen CO 81612-1128
Pacific Palisades CA 90272
L. Rodman Drake
Michael Chase
485 Park Avenue #5A
450 Newport Center Dr., Suite 304
New York, NY 10022
Newport Beach CA 92660
Herbert J. Winter
1981 Merrill & Jill E. Chosen Trust
c/o Aspen Alps
640 Brewer Drive
POB 1228
Hillsborough CA 94010
Aspen CO 81612-1228
Highland Investments & Karen Johnson
Jerome A. Kaplan
c/o Holland & Hart
6001 Montrose Road Suite 403 600 E. Main St.
Rockville MD 20852
Aspen CO 81611
Frances & Peter C. Marzio I.G. Davis, Jr.
101 Westcott # 1702
1095 Ute Avenue
Houston TX 77007
Aspen CO 81611
Chester Salomon Aspen Skiing Company
975 Park Avenue POB 1248
New York NY 10028 Aspen CO 81612-1248
Edward & Janie Bradley
City of Aspen
3006 S. Hughes
130 S. Galena Street
Amarillo TX 79109
Aspen CO 81611
Herbert & Susan Garten
Michael & Elizabeth Dingman
36 S. Charles St.
c/o Southampton
Baltimore MD 21201
POB 2666
Palm Beach FL 33480-2666
Doyle & Margaret Hartman
POB 10426
Midland TX 79702
William T. & Mary A. Dillard
c/o Dillard Dept. Stores, Inc.
POB 486
Little Rock AR 72203-0486
Nancy Schaldach
720 S. Mashta Drive
Key Biscayne FL 33149
Thomas & Cathryn Crum
991 Ute Avenue
Aspen CO 81611
Park Trust Ltd.
POB 940
Aspen CO 81612-0940
Aspen Alps Homeowners Association
700 Ute Avenue
Aspen CO 81611
Richard A. Auhll
c/o Circon Corp
6500 Hollister Ave.
Santa Barbara CA 93117-3019
Maureen M. Roin
1225 Westmoor Road
Winnetka IL 60093
Aspen Shadow LLC
John Hancock Center
875 N. Michigan Ave., Suite 1560
Chicago IL 60611
John & Barbara Riddell
1021 Main Street, Suite 1250
Houston TX 77002
Leon & Turi L. Hirsch
150 Glover Drive
Norwalk CT 06850
Nancy M. Harris
386 S. Mississippi River Blvd.
St. Paul MN 55105
Ascali Corporation
c/o Mendez-Insua CPA
8300 S.W. 8" St., #303
Miami FL 33144
Marianne Martin
3261 Breckenridge Drive East
Colorado Springs CO 80906
J. Todd & Eric Figi
POB 85515
San Diego CA 92186
Herbert Geltand
9171 Wilshire Blvd., Suite 610
Beverly Hills CA 90210
Jane Black
2323 Bryan LB 145
Dallas TX 75201
John & Peggy Polk
586 Camino Montebello
Sante Fe NM 87501
Robert & Charlynn Maxwell Porter
611 Parkway Suite F-13
Gatlinburg TN 37738
Jeffrey Kenner
720 Park Ave #6-B
New York NY 10021
Darlene M. McCluskey
Two Coventry Court
Prairie Village KS 66208
F.G. Fabian, Jr.
POB 2606
Capistrano Beach CA 92624
William J. Cabaniss
3812 Forest Glen Drive
Birmingham AL 35213
Lodestar West Partnership LLP
175 Bellevue Drive
Boulder CO 80302
Betty G. Amos
13724 SW 92 Court
Miami FL 33176
Halglenn Corporation
1428 Brickell Ave
Miami FL 33131
Clarissa H. Chandler
902 N. Green Bay Road
Lake Forest IL 60045
Hurt Family LP
Capital Group Inc.
333 S. Hope Street., 50'h Floor
Los Angeles CA 90071
Isaac Arnold Jr.
Attn: Royann Beckham
601 Jefferson 44000
Houston TX 77002
Margaret T. Phelps
389 California Terr.
Pasadena CA 91105
LLUSTRATION'
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FIECZWED
JAN 1 2 1999
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THE Ctrr of ASrrN
Parks Office
920-5120
TR.EF, REMOVAL PER.N= APPLICATION
The following is an outline to assist in the preparation. of a tree removal pernvt-
I) Outline/Sketch/Drawing of property to include: (please attach 2 copies)
a) Property address.
b) Property boundaries.
c) Locations of buildings on the property.
d) Location, diameter, and species of trees on propeny and designate X
with arrows or circles w1lich trees are to he removed._.-(Ij, 111le /7
_) Site address
* 67X9
3) List trees to be removed, species and diameter at 4.5' above grade.
4) Reason for Removal
�i�T 7, LoGT/oiV�
5) N itigation Plan (relocation of ft= or replacement of comparable worth trees as
referenced in Aspen Municipal Code Sec, 13-76, (e)). Add to Property Drawing.
a} Location of replacement/relocation trees. �i/V 2)
b) Size and species of trees to be repZacecL
6) Completion Date of Project 11' 2 q- q a
7) Person responsible for project (applicant):
Pro Owncr - v ; _ 2 p2 Marne of Architect or Cons"CdOn P epresentaive
.77 2,9 �h' S7 s �5
Uvc,b C-,z- C O ' D w/ � � ' - 2
Address B� phone, I�ilmba� C�03) name. Phone Number; 9Zo /r
SigAaAire Date Signature Datc
1
The following is to be completed by the City of Aspen Parks Department.
Property/Tree Inspection:
Inspected by Date Signature Date
Comments:
Permit for tree transplant only is approved. Transplants will occur on site as
designated on approved site plan. Applicant is responsible for tree survival for two
years. If any tree fails within two years, applicant will pay the full mitigation value
of the tree.
Transplant shall occur by a combination of spade moving and hand digging. If there
are any changes to the transplanting plan, applicant will notify the City Forester.
All existing trees which are to remain in place on site shall be afforded adequate
protection including no excavation, storage of materials, or any other activities
within their driplines.
All conditions of permit shall be inspected.
Accepted / Denied
Stephen Ellsperman
Forester and Natural Resource Specialist, City of Aspen
Permit Valid for one year after completion date of project (line 6).
Signature Date
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WILLIS PEMBER ARCHITECTS INC
412 NORTH MILL STREET ASPEN Co 4101 1
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WILLIS PEMBER ARCHITECTS INC
412 NORTH MILL STREET ASPEN co glell
County of Pitkin } AFFIDAVIT OF NOTICE .PURSUANT
} ss. TO ASPEN LAND USE REGULATION
State of Colorado } SECTION 26.52.060 (E)
being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the
following manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class. postage
prepaid U.S. Mail to all owners of property within three hundred (300) feet
the subject property, as indicated on the attached list, on the' '
ro
of J p p day of
,199v (which is -20 days prior to the public hearing date of )•
2, By posting a sign in a conspicuous place on the subject property (as it could be
seen from the nearest public way) and that the said sign was posted and visible
continuously from the y=day of 7"AI ,1997
(Must be posted for
at least ten (10) full days before the hearing date). A photograph of the posted
sign is attached hereto.
111
NAME OF PROJECT: Gj'-�p ppWb��
CITY CLERK: �'�=K—t'E Lp7}4-mil
STAFF: mrrGt_1 4.. .
WITNESSES: (1)
(Z)
(4)
(5)
EXHIBITS: 1 Staff Report (✓) (Check If Applicable)
2 Affidavit of Notice (V) (Check If Applicable)
3 Board Criteria Sheet (v) (Check If Applicable)
Cl
5
MOTION: g:Q,wA-r- ��-�Cy e- lm=L�A) ZJ
VOTE: YES ,�j NOO
ROGER HUNT YESNO _
4iE+ rr nm�,�,��__ pFvti__1y.0,
JASMINE TYGRE YES y NO
TIMOTHY MOONEY YESr NO
STEVEN BUETTOW YES NO
RRTCE:SON—YES NO TIM SEMRAU YES 1' NO
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
THRU: Mitch Haas, Interim Deputy Director
FROM: Christopher Bendon, Planner
RE: ADU Program Worksession
DATE: January 19, 1999
At their recent retreat, the Mayor and City Council directed staff to again bring forward
amendments to the ADU Program. The purpose of this directive is to increase the
effectiveness of the program and to simplify the process for approval. Staff has included
a third goal of this program: to create a separate section of the code specifically
addressing ADUs.
This project is not new. Staff had presented a series of ADU Program. changes to the
Housing Board, the Planning and Zoning Commission, and City Council over a two
month period in 1998. The day before the first public hearing before the Planning and
Zoning Commission a court decision was issued for a land use case in Telluride involving
affordable housing and rental restrictions. At the time, the proposed changes included
both mandatory occupancy and rental rate restrictions for ADUs -- as requested by the
City Council. At the direction of the City Attorney, staff pulled the proposed amendment
from the Commission's public hearing agenda.
Staff has revised the proposed ADU program changes to incorporate many of the main
objectives from the previous proposal, eliminate rental rate requirements, and simplify
the incentives -- a request from City Council.
The primary objective for the worksession is to reacquaint the Commission with the
proposed changes, to point -out relevant differences from the existing code and the
previous proposal, and to identify the Commission's goals and concerns for the program.
Staff is seeking the Commission's opinion as to whether or not the proposed code
amendment is ready for a public hearing.
Program Summary.
Staff has three goals with the proposed ADU program: 1) increase the effectiveness of
the program and the quality of units through incentives; 2) simplify the process by
making ADUs an administrative approval; and, 3) consolidate the scattered ADU
requirements in one easy -to -reference Section.
The suggested provisions will build upon the current FAR incentive program by
providing FAR exclusion for desirable units both physically and policy -wise. These
provisions will simplify the approval process by making ADUs a permitted use in all
residential zone districts (except MHP, which should be discussed). An applicant who
proposes an ADU, meeting the minimum design standards, may simply apply for
administrative approval. The appropriate deed restriction would have to be filled prior to
permit issuance. An applicant who wishes to vary from the design standards may still do
so with approval from the Planning and Zoning Commission or from the Historic
Preservation Commission for development needing HPC approval. As part of these
provisions, the Commission may desire the ability for an applicant to appeal an
administrative decision to the P&Z.
The proposal also proposes a new code section devoted exclusively to ADUs. As part of
the discussion with the City Council, staff will suggest an easy -to -understand pamphlet
explaining the main points of the ADU Program, its philosophical underpinnings, and the
process for approval. This would not replace the land use code; rather it would describe
ADUs in non -code language.
The specific requirements proposed by staff are fully explained in the attached Exhibit B.
ATTACHMENTS:
Exhibit A -- Existing provisions
Exhibit B -- Proposed ADU Program
Exhibit C -- Suggested ADU Ordinance from Washington State Plan
2
Where any provision of these regulations imposes a greater or lesser restriction upon the subject matter
than a general provision imposed by the Municipal Code or another provision of these regulations theprovisi
ons
imposing the greater restriction or regulation shall be deemed to be controlling.
B. Computation of time. The time within which an act is to be done shall be computed by excluding
the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be
excluded. The end of a day shall be at 5:00 pm.
C. Delegation of authority. Whenever a provision appears requiring the head of a department or some
other city officer or employee to perform an act or duty, it shall be construed to authorize the head of the
department or other officer to designate, delegate and authorize professional -level subordinates to perform
the required act or duty unless the terms of the provision or section specify otherwise.
D. Gender. Words importing the masculine gender shall be construed to include the feminine and
vice versa.
E. Month. The word "month" shall mean a calendar month.
F. Non -technical and technical words. Words and phrases shall be construed according to the common
and approved usage of the language, but technical words and phrases and such others as may have acquired
a peculiar meaning shall be understood according to such meaning.
G. Number. A word importing the singular number only may extend and be applied to several persons
and things as well as to one person and thing. The use of the plural number shall be deemed to include.any
single person or thing.
H. Shall, may. The word "shall" is mandatory; "may" is permissive.
I. Tense. Words used in the past or present tense include the future as well as the past or present.
J. Week. The word "week" shall be construed to mean seven (7) days.
K. Written or in writing. The term "written" or "in writing" shall be construed to include anv inscribed
representation of words, letters or figures whether by printing or otherwise.
L. Year. The word "year" shall mean a calendar year.
M. Boundaries. Interpretations regarding boundaries of Zone Districts on the city's official zone district
map shall be made in accordance with the following:
1. Boundaries shown as perpendicular to or following or approximately following any street, alley,
right-of-way, or water course shall be construed as perpendicular to or following the centerline of the street,
alley, right-of-way, or water course.
2. Boundaries shown as following or approximately following any platted lot line or other property
line shall be construed as following such line.
3. Boundaries shown as following or approximately following section lines, half -section lines, orquarter-
section lines shall be construed as following such lines.
4. Boundaries shown as separated from and parallel or approximately parallel to any of the features
listed in the paragraphs above shall be construed to be parallel to such features and at such distance therefrom
as are shown on the map. (Code 1971, § 2-101)
26.04.100 Definitions.
For the purposes of this title, certain words and phrases shall be defined as herein provided.
Accessory dwelling unit means a separate dwelling unit that is located within or attached to a principal
residence, having a entrance separate from the primary residence, or that is detached from a principal residence
situated on the same parcel, containing not less than three hundred (300) nor more than seven hundred (700)
square feet of allowable floor area. An accessory dwelling unit shall be deed restricted to resident occupancy
and shall not be a separate unit for density or sale purposes.
443 (.men 10/95)
26.40.070
l . The use shall be developed by comparing each dimensional and parking requirement of the respective
40 zone districts and applying the more restrictive of each requirements. These requirements shall, however, be
calculated based on the land area and development of the entire parcel.
2. The only exception shall be when the area of the parcel which is designated with the zone district
which permits the higher density constitutes more than seventy-five (75) percent of the entire land area of
the parcel. In this case, the use shall be developed using the dimensional requirements and off-street parking
requirements of the zone district permitting the higher density, which shall be calculated on the basis of the
land area and development of the entire parcel. (Code 1971, § 5-508)
26.40.080 Miscellaneous provisions.
A. Fuel storage tanks. All fuel storage tanks shall be completely buried beneath the surface of the ground
except that above -ground storage tanks may be approved as conditional uses in the Service/Commercial/Industrial
and Public zone districts.
B. Lights: Any light used to illuminated parking areas or for any other purpose so arranged
as to reflect the light away from nearby residential properties and vision of passing motorists. (Ord. No. 9-1992,
§ 1: Code 1971, § 5-509)
26.40.090 Accessory dwelling units.
A. General provisions.
1. Accessory dwelling units shall contain not less than three hundred (300) square feet of net livable
area and not more than seven hundred (700) square feet of net livable area. The unit shall be deed restricted,
meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods
of not less than six (6) months in duration. Owners of the principal residence shall have the right to place
a qualified employee or employees of his of her choosing in the accessory dwelling unit. One (1) parking
space shall be provided on -site for each studio unit, and for each bedroom within a one- or two -bedroom accessory
dwelling unit.
2. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the
underlying zone district.
3. A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or
alley access, excepting parcels with existing structures to be converted to detached accessory dwelling units,
detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained
within such detached garage or carport. Detached accessory dwelling units are prohibited within the R-15B
zone district.
4. An attached accessory dwelling unit shall utilized alley access to the extent practical.
B. Development review standards. The review standards for a detached accessory dwelling unit are
as follows:
1. The proposed development is compatible and subordinate in character with the primary residence
located on the property and with the development located within the neighborhood, and assuming year -around
occupancy, shall not create a density pattern inconsistent with the established neighborhood;
2. Where the proposed development varies from the dimensional requirements of the underlying zone
district, the Planning and Zoning Commission shall find that such variation is more compatible in character
with the primary residence than the development in accord with dimensional requirements. The following
dimensional requirements may be varied:
a. Minimum front and rear yard setbacks;
b. Minimum distance between buildings on the lot;
549 (Aspen 3/97)
c. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling
units; 4P
d. The side yard setback shall be a minimum of three (3) feet;
e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be
varied at the rear one-third (1/3) of the parcel, however, the maximum height of the structure shall not exceed
eighteen (18) feet. On Landmarked Designated Parcels and within the Historic Overlay District the HPC shall
have the ability to make such height variations;
f. Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark
Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site
coverage variations;
g. In the case where the proposed detached accessory dwelling unit in located on a Landmark Designated
Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards
of section 26.40.070(B) of this Code.
3. The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing
nonconforming structures, being converted to a detached accessory dwelling unit, from Section 26.40.090
(B)(2)(a)--(g) provided that the nonconformity is not increased.
4. Conditional use review shall be granted pursuant to Section 26.60.040, Standards applicable to all
conditional uses.
C. Bandit units. Any bandit dwelling unit which can be demonstrated to have been in existence on
or prior to November 1, 1988, and which complies with the requirements of this section may be legalized
as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building
Code, as determined by the Chief Building Official.
D. GMQS/replacement housing credits. Accessory dwelling units shall no be used to obtain points
in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting
the housing size, type, income and occupancy guidelines or approval of the housing designee and the standards
of section 26.100.090 of this Code may be used to obtain points in the affordable housing category. Accessory
dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City
of Aspen, Colorado, "Residential Multi -Family Housing Replacement Program."
E. FAR for accessory dwelling units. For the purposes of calculating floor area ratio and allowable
floor area for a lot whose principal use is residential, the following shall apply: the allowable floor area of
an above -grade attached accessory dwelling unit shall be excluded to a maximum of three hundred fifty (350)
square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever
is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review
and approval by the Planning and Zoning Commission pursuant to conditional use review and approval, section
26.60.030 of this Code, and the units must be deed restricted, registered with the housing office, and available
for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter
for the unit. (Ord. No. 47-1988, § 3; Ord. No. 1-1990, § 6; Ord. No. 60-1990, § 2; Ord. No. 56-1994, § 11;
Ord. No. 38-1996, § 6: Code 1971, § 5-510)
26.40.100 Landscape maintenance.
A. Landscaping shown on any approved site development plan shall be maintained in a healthy manner
for a minimum three (3) year period. In the event that plant material dies, the owner of the property shall
replace the plant material with similar quality within forty-five (45) days of notification by the Zoning Enforcement
Officer. If seasonal or cultural constraints do not allow planting of the approved plant material within forty-five
(45) days the owner may in writing seek permission from the Community Development Director to:
(Aspen 3/97) 550
26.60.010
48 Chapter 26.60
CONDITIONAL USES
Sections:
26.60.010
Purpose.
26.60.020
Authority.
26.60.030
Authorized conditional uses.
26.60.040
Standards applicable to all conditional uses.
26.60.050
Procedure for conditional use approval.
26.60.060
Application.
26.60.070
Reserved.
26.60.080
Amendment of development order.
26.60.010 Purpose.
Conditional uses are those land uses which are generally compatible with the other permitted uses in
a zone district, but which require individual review of their location, design, configuration, intensity and density
in order to ensure the appropriateness of the land use in the zone district. (Code 1971, § 7-301)
26.60.020 Authority.
The commission, in accordance with the procedures, standards and limitations of this chapter, shall approve,
approve with conditions, or disapprove a development application for a conditional use, after recommendation
40 by the planning director. (Code 1971, § 7-302)
26.60.030 Authorized conditional uses.
Only those uses which are authorized as a conditional use for each zone district in Chapter 26.28, may
be approved as a conditional use. The designation of a land use as a conditional use in a zone district does
not constitute an authorization of such land use or act as an assurance that such land use will be approved
as a conditional use; rather, each proposed conditional use shall be evaluated by the commission for compliance
with the standards and conditions set forth in this chapter. (Code 1971, § 7-303)
26.60.040 Standards applicable to all conditional uses.
When considering a development application for a conditional use, the commission shall consider whether
all of the following standards are met, as applicable.
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; and
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; and
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; and
RM
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; and
E. The applicant commits to supply affordable housing to meet the incremental need for increased
employees generated by the conditional use; and
F. The proposed conditional use complies with all additional standards imposed on it by the Aspen
Area Comprehensive Plan and by all other applicable requirements of this title.
The planning director may recommend, and the commission may impose such conditions on a conditional
use that are necessary to maintain the integrity of the city's zone districts and to ensure the conditional use
complies with the purposes of the Aspen Area Comprehensive Plan, this chapter, and this title; is compatible
with surrounding land uses; and is served by adequate public facilities. This includes, but is not limited to
imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage, off-street
parking and other similar design features, the construction of public facilities to serve the conditional use,
and limitations on the duration of conditional use approval. (Ord. No. 7-1989, §. 2: Code 1971, § 7-304)
26.60.050 Procedure for conditional use approval.
A development application for a conditional use shall be reviewed and recommended for approval, approval
with conditions, or disapproval by the planning director, and then approved, approved with conditions, or
disapproved by the commission at a public hearing held in accordance with the procedures established in Common
Procedures, Chapter 2652. A development application for a conditional use may be consolidated with any
other development application pursuant to the requirements of common procedures, Chapter 26.52. (Code
1971, § 7-305)
26.60.060 Application.
The development application for a conditional use shall include the following.
A. The general application information required in Section 26.52.030;
B. A sketch plan of the site showing existing and proposed features which are relevant to the review
of the conditional use application; and
C. If the application involves development of a new structure or expansion or exterior remodeling
of an existing structure, proposed elevations of the structure. (Code 1971, § 7-306)
26.60.070 Reserved.
Editor's note— Ord. No. 7-1989, § 2, deleted former § 7-307, relative to conditions, which derived
from Ord. No. 5-1988. (Code 1971, § 7-307)
26.60.080 Amendment of development order. V/
A. Insubstantial amendment. An insubstantial amendment to an approved development order for a
conditional use may be authorized by the planning director. An insubstantial amendment shall be limited to
changes in the operation of a conditional use which meet all of the following standards:
1. The change will not cause negative impacts on pedestrian and vehicular traffic circulation, parking
or noise; and
2. The change will not substantially affect the tourist or local orientation of the conditional use; and
3. The change will not affect the character of the neighborhood in which the use is located; and
588
Exhibit B
1.19.99
P&Z Worksession
26.30
Accessory Dwelling Units
26.30.010
Purpose
26.30.020
Definition
26.30.030
Authority
26.30.040
Applicability
26.30.050
Design Standards
26.30.060
Calculations and Measurements
26.30.070
Deed Restrictions, Recordation, Enforcement
26.30.080
Application
26.30.090
Procedure
26.30.100
Amendments
26.30.010 Purpose
The purpose of the Accessory Dwelling Unit (ADU) Program is to promote the long-
standing community goal of socially, economically, and environmentally responsible
development patterns which balance Aspen the resort and Aspen the community. Aspen
values balanced neighborhoods and a sense of commonality between working residents
and part-time residents. ADUs represent viable housing opportunities for working
residents and allow employees to live within the fabric of the community without their
housing being easily identifiable as "employee housing." ADUs also. help to address the
affects of existing homes, which have provided workforce housing, being significantly
redeveloped, often as second homes.
ADUs support local Aspen businesses by providing an employee base within the town
and providing a critical mass of local residents important to preserving Aspen's character.
ADUs allow second home owners the opportunity to hire an .on -site caretaker to maintain
their property in their absence. Increased employee housing opportunities in close
proximity to employment and recreation centers is also an environmentally preferred land
use pattern which reduces automobile reliance.
To the extent Aspen desires Accessory Dwelling Units which provide viable and livable
housing opportunities to local working residents, certain incentives are available to
developers of ADUs. These incentives include an exemption from the Growth
Management Quota System for existing vacant lots of record and for significant
redevelopment of existing homes as well as certain Floor Area incentives for ADUs
developed in a preferred manner.
Exhibit B - Page 1
26.30.020 Definition
An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and
subordinate in size and character. ADUs are located on the same lot, or contiguous lots
under the same ownership, as the primary residence in conformance with the zone district
in which the property is located. A primary residence may have no more than one ADU.
An ADU may not be accessory to another ADU. An ADU cannot be conveyed as a
property interest separate from the primary residence, and an ADU shall not be
considered a unit of density with regard to zoning requirements. All ADUs shall be
developed in conformance with this Section. also in definition section
ADUs separated by 10 feet or more from the primary residence are considered
"detatched" and qualify for certain zoning incentives. Detached ADUs may be connected
to the primary residence by a covered breezeway. Any ADU with an internal connection
to, or shared wall with, the primary residence shall be considered an attached ADU.
26.30.030 Authority.
The Community Development Director, in accordance with the procedures, standards,
and limitations of this Chapter, shall approve, approve with conditions, or disapprove an
application for an Accessory Dwelling Unit pursuant to Section 26.52.
Appeal to P&Z ?
A land use application requesting a variation of the ADU design standards shall be
approved, approved with conditions, or disapproved by the Planning and Zoning
Commission, or by the Historic Preservation Commission if the property is designated a
Historic Landmark or within a Historic Overlay District, pursuant to Section 26.64
Special Review.
26.30.040 Applicability
This Section applies to all zone districts within the City of Aspen in which an Accessory
Dwelling Unit is a permitted use, as designated in Section 26.28, and to all Accessory
Dwelling Units approved as a Conditional Use prior to the adoption of Ordinance ,
Series of 1999.
26.30.050 Design Standards
A. General.
The following standards have been established to ensure a minimum level of
performance. These standards are provided in two categories: "basic" and "exceptional."
Both types of ADUs may be approved by the Community Development Director.
Exceptional ADUs and detached ADUs are eligible for certain Floor Area incentives. (see
26.30.060 Calculations and Measurements)
Exhibit B - Page 2
B. Basic Design Standards.
All ADUs shall conform to the following minimum design standards unless varied
through Special Review by the Planning and Zoning Commission, or by the Historic
Preservation Commission for properties designated a Historic Landmark or located
within an Historic Overlay District, pursuant to Section 26.64 Special Review:
1. An ADU must contain between 300 and 800 net livable square feet, 10% of which
must be closet or storage area.
2. An ADU must be able to function as a separate dwelling unit. This includes the
following:
a) An ADU must be separately accessible. This does not preclude a second
interior entrance to the primary residence;
b) An ADU must have separately accessible utilities. This does not preclude
shared services;
c) An ADU shall contain a kitchen including an oven, a stove with two
burners, a sink, and a refrigerator with a minimum of 6 cubic feet of
capacity and a freezer; and,
d) An ADU shall contain a 3/4 bath.
3. One parking space for the ADU shall be provided on -site and shall remain
available for the benefit of the ADU resident. The parking space shall not be
stacked with a space for the primary residence? ADUs with two or more
bedrooms shall have two on -site parking spaces provided.
4. An ADU shall be located within the dimensional requirements of the zone district
in which the property is located.
5. The roof design shall prevent snow and ice from shedding upon an entrance to an
ADU. If the entrance is accessed via stairs, sufficient means of preventing snow
and ice from accumulating on the stairs shall be provided.
6. ADUs shall be developed in accordance with the requirements of this title which
apply to residential development in general. These include, but are not limited to,
the Uniform Building Code requirements related to adequate natural light,
ventilation, fire egress, fire suppression, and sound attenuation between living
units. This standard may not be varied.
7. All ADUs shall be registered with the Housing Authority and the property shall be
deed restricted in accordance with Section 26.30.070 Deed Restrictions. This
standard may not be varied.
8. An ADUshall be developed to be consistent and compatible with the character of
the immediate vicinity of the subject property and surrounding land uses. (this is
a blanket criteria the director can use to deny an ADU, apply conditions, or send
it to the P&Z for review)
9. An ADUshall be developed at least 50% above grade. To meet this standard, the
surface area of an ADUs exterior walls above ground divided by the total surface
area of exterior walls shall be determined
C.' Exceptional Design Standards.
Exhibit B - Page 3
The Aspen community desires ADUs which maximize livability and confer the greatest
benefit to the affordable housing inventory. Exceptional ADUs are eligible for either a
partial or full exemption from the calculation of allowable Floor Area. see ADU.Floor
Area Incentives.
In addition to the minimum standards, ADUs meeting the following standards shall be
considered exceptional:
1. An exceptional ADU shall contain a minimum of 600 net livable square feet.
2. An exceptional ADU must provide a bedroom separate from general living areas.
A studio unit shall not qualify as .an exceptional unit.
3. An exceptional unit shall provide access to natural light beyond the minimum
requirements of the Uniform Building Code by 25% (125% of the UBC
requirement). If natural ventilation is utilized, the minimum ventilation shall also
be increased by 25% (125% of the UBC requirement).
4. An exceptional ADU shall contain two of the following features:
a) A full bath;
b) a full kitchen containing a 4 burner stove, a 12 cubic foot refrigerator, and
6 linear feet of counter surface;
c) a 50 square foot porch or deck or,
d) a covered parking space.
e) dining area? Other desired features?
26.30.060 Calculations and Measurements
A. Floor Area and Incentives.
In order to encourage property owners to develop ADUs in a preferred manner, certain
Floor Area incentives are provided for ADUs which are exceptional and/or detached from
the primary residence. As an incentive to encourage deed restrictions which require
mandatory occupancy, an additional Floor Area incentive is available for all types of
ADUs.
The floor area of all ADUs shall be counted toward to a property's Maximum Allowable
Floor Area in the following manner:
With no Manadatory Attached
Occupancy Requirement
Detached
Basic 100% 50%
Exceptional 50% 25%
With Manadatory Attached Detached
Occupancy Requirement
Exhibit B - Page 4
Basic 75% 25%
Exceptional 25% 0%
This percentage figure represents the portion of Floor Area attributed towards the
maximum allowed for the entire property. This incentive does not raise the Allowable
Floor Area for any given property. Rather, the incentive alters the way in which the ADU
space is attributed towards the Floor Area for the property -- counting half for either
exceptional or detached units, and none of the space for exceptional detached units.
There's too much here, but I'm sick of answering this question.
B. Net Livable Square Footage.
ADUs have minimum and maximum thresholds for net livable square footage, unless
varied through a land use review. The calculation of net livable area differs slightly from
the calculation of Floor Area. For the purpose of determining an incentive for an attached
unit, the Floor Area of an ADU shall be measured to the midpoint of any shared wall(s).
26.30.070 Deed Restrictions, Recordation, and Enforcement.
A. Deed Restrictions.
All properties containing an ADU shall be deed restricted and the owner shall enter into
an agreement with the Housing Authority to ensure compliance with this deed restriction
see. ADU recordation.
At a minimum, all properties containing an ADU shall be deed restricted in the following
manner:
• All ADUs shall be registered with the Housing Authority.
• Any occupant of an ADU shall be qualified according to the current
Aspen/Pitkin County Housing Authority Guidelines.
• All ADUs shall be restricted to lease periods of no less then six months in
duration. Leases must be recorded with the Housing Authority.
B. Mandatory Occupancy.
Zoning incentives are provided to property owners in exchange for ADUs which are deed
restricted to mandatory occupancy. This deed restriction requires an ADU to be occupied
by a qualified employee, as selected by the owner of the principal residence. This
restriction also establishes a maximum rental ratefor the unit and income level for the
occupant. This restriction is referred to as a Category and is estsblished by the
Aspen/Pitkin County Housing Authority. For all basic ADUs, this rental rate shall be
Category 3. For all exceptional ADUs, the income and rental restriction shall be
Category 4.
With these specific ADUs, the Aspen/Pitkin County Housing Authority retains the right
to place a qualified renter in the ADU if the owner fails to do so within a reasonable time.
The deed restriction shall specify a "reasonable" vacancy period between occupants.
Exhibit B - Page 5
This additional incumberance upon the property is not a mandatory requirement of the
Aspen's Municipal Code, but rather a voluntary incentive, a quid pro quo, to the mutual
benefit of the property owner and Aspen's working population. That is, if the incentive is
accepted by the property owner, mandatory occupancy will be required in exchange.
C. Recordation.
The Aspen/Pitkin County Housing Authority shall provide a standard form for recording
Accessory Dwelling Unit deed restrictions. Variations to the design standards shall be
noted on this form and a copy of any land use approvals shall be attached. This deed
restriction shall bind the property owner to such obligations required by this Section and
shall grant the Housing Authority the ability to enforce compliance.
Deed restrictions for a property containing an ADU shall be recorded with the Pitkin
County Clerk and Recorder by the applicant. There is per page recordation fee. The
book and page associated with the recordation shall be noted in the building permit plans
for an ADU.
D. Enforcement.
The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded
agreement between the property owner and Aspen/Pitkin County Housing Authority.
Property owners in violation of the recorded housing agreement may be subject to court
action.
ADUs which are deed restricted to mandatory occupancy shall be occupied. If the owner
of the ADU fails to select a qualified renter and the ADU is vacant for more than an
agreed upon resonable time, as noted in the deed restriction, the Aspen/Pitkin County
Housing Authority shall select a qualified renter to occupy the ADU. The lease period
for this renter shall be six months, after which time the owner shall have the option of
renewing the lease or selecting a new occupant.
26.30.080 Application
ADUs require a separate building permit. An application for an ADU shall be submitted
in conformance with Section 26.56.020, Development permitted as of right. A
development order for an ADU shall not be issued until all required agreements have
been recorded.
Applications seeking a variance from the ADU design standards will require a land use
approval. see 26.30.090 procedure.
26.30.090 Procedure
A. General.
Exhibit B - Page 6
Pursuant to Section 26.52.020, Pre -Application Conference, Applicants are encouraged to
meet with a City Planner of the Community Development Department to clarify the
requirements of the ADU Program.
An application for an ADU shall consist of an application for a Development Order
pursuant to Section 26.52.030 and shall be submitted to the Community Development
Department. In order to obtain a Development Order for an ADU, the Community
Development Director shall find the ADU in conformance with the requirements of this
Section. If an application is found to be inconsistent with this Section, in whole or in
part, the applicant may either amend the application or apply for a variance from the
design standards pursuant to Section 26.64, Special Review.
B. Special Review.
An applicant requesting a variance from the design standards must submit a land use
application for Special Review pursuant to Section 26.64. The Planning and Zoning
Commission reviews all Special Reviews considering the applicable criteria. If the
property is a Historic Landmark or within a Historic Overlay District, the applicant may
choose the Historic Preservation Commission to consider the Special Review. A Special
Review to vary the ADU design standards may be approved, approved with conditions, or
denied if all of the following criteria are satisfied:
1. The proposed ADU is designed in a manner which promotes the purpose of the
ADU program, promotes the purpose of the zone district in which it is proposed,
and promotes the unit's general livability; and,
2. The proposed ADU is designed to be compatible with and subordinate in
character to the primary residence considering all dimensions, site configuration,
landscaping, privacy, and historical significance of the property; and,
3. The proposed ADU is designed in a manner which is compatible with or enhances
the character of the neighborhood considering all dimensions, density, designated
view planes, operating characteristics, traffic, availability of on -street parking,
availability of transit services, and walking proximity to employment and
recreational opportunities.
C. Development Order.
A development order may be issued subsequent to recordation of all required deed
restrictions and agreements and approval of any land use applications necessary.
If the ADU is being developed in order to gain an exemption from the Growth
Management Quota System, the Building Permits must be issued jointly.
D. Inspection and Acceptance.
Prior to issuance of a Certificate of Occupancy, the Aspen/Pitkin County Housing
Authority, or the Chief Building Official, shall inspect the ADU for compliance with the
Exhibit B - Page 7
Design Standards. Any un-approved variations from these standards shall be remedied
prior to issuance of a Certificate of Occupancy.
Certificates of Occupancy required for the primary residence shall only be issued
subsequent to, or in conjunction with, issuance of a Certificate of Occupancy for the
Accessory Dwelling Unit.
26.30.100 Amendment of an ADU Development Order
A. Insubstantial Amendment.
An' insubstantial amendment to an approved development order for an Accessory
Dwelling Unit may be authorized by the Community Development Director. An
insubstantial amendment shall not include:
l . Any change which alters the operational characteristics or policy requirements of the
ADU; or,
2. Any change which increases design variations granted through a land use review; or
3. Any change which represents a significant change of an existing ADU or includes
demolition of an existing ADU.
B. Other Amendments.
All other amendments to an approved development order for an Accessory Dwelling Unit
shall conform to the requirements of this Section.
Exhibit B - Page 8
Accessory Units Model Ordinance from State of Washington
Model Accessory Dwelling Unit Ordinance Recommendations
Washington State Department of Community, Trade, and Economic
Development, January 1994
Definitions. An Accessory Dwelling Unit (ADU) is a habitable living unit that
provides the basic requirements of shelter, heating, cooking, and sanitation. "Com-
ment. The Uniform Building Code (UBC) Sec. 1207 v 1208 lists ininimiun room si_es for
an efficieneil unit. The iurisdiction could set up maximum areas in the Standards and
Criteria helozo, if it so desired.I
Purpose and Intent
A. The installation of an ADU in new and existing single-family ci%vellings (herein-
after principal units) shall be allowed in single -gamily zones subject to specific
development, design, and owner -occupancy standards.
B. The purpose of allowing ADUs is to:
1. provide homeowners with a means of obtaining, through tenants in either the
ADU or the principal unit, rental income, companionship, security, and
services;
2. add affordable units to the existing housing;
3. make housing units available to moderate -income people who might other-
wise have difficulty finding homes within the (city/county);
4. develop housing units in single-family neighborhoods that are appropriate
for people at a variety of stages in the life cycle; and
5. protect neighborhood stability, property values, and the single-family resi-
dential appearance of the neighborhood by ensuring that ADUs are installed
under the conditions of this ordinance.
Standards and Criteria
A. ADUs shall meet the following standards and criteria:
1. The design and size of the ADU shall conform to all applicable standards in
the building, plumbing, electrical, mechanical, fire, health, and anv other
applicable codes. When there are practical difficulties involved in carrying
out the provisions of this ordinance, the (building official) may grant modi-
fications for individual cases: [Comment: Construction shall conform to all codes
which are required for any new construction.]
2. Certification by the (city/county) Health Department that the water supply
and sewage disposal facilities are adequate for the projected number of
residents must be provided to the building official. [Comment: More applicable
in rural areas for septic and wells. It is actually covered by No. 1 above.]
3. Any additions to an existing building shall not exceed the allowable lot
coverage or encroach into the existing setbacks. [Comment: Planning ordinance
already in place in most jurisdictions.]
4. The ADU maybe attached to, or detached from, the principal unit. [Comment:
Jurisdictions need to survey their existing housing stock and neighborhood stan-
dards to determine where and how ADUs would best fit their housing needs. This
would allow the most diversity of choice and honor the uniqueness of each site.]
5. Only one ADU may be created per residence in single-family zones. Multiple
detached ADUs may be created in (agricultural) zones, if one of the occu-
pants of each unit is employed by the property owner. [Comment: The first
sentenceis to "maintain single family appearance. "The second sentence isappropri-
ate in agricultural _ones.]
78
6. The property owner, which shall include title holders and contract purchas-
ers, must occupy either the principal unit or the ADU as their permanent
residence, but not both, for at least [enter number] months out of the vear, and
at no time receive rent for the owner -occupied unit. jConnnent: Owner -
occupied units are better maintained, and therefore the wighborhood gill be better
maintained. If the owner has to lire on site for more than six months out of the dear,
they could not own snore than one .4DU. This would eliminate svecuiators%develov-
ers from developing dupl&es througllout an area linden the guise of calling them
ADUs.]
7. An ADU may be developed in either an existing or a new residence. [Com-
ment: This would allow new home builders to plan ahead for ":pother -ill -law" tilpe
itnits and thins save nioney now and time and inconvenience later.;'
S. In no case shall an ADU be more than 40 percent of the building's total floor
area, nor more than 800 square feet, nor less than 300 square feet, nor have
more than two bedrooms, unless in the opinion of the [building official], a
greater or lesser amount of floor area is warranted by the circumstances of the
particular building. [Comment: The existing structure. the lot size, or the jitrisdic-
tion will determine ADU's size.]
9. The ADU shall be designed so that, to the degree reasonably feasible, the
appearance of the building remains that of a single-family residence. [Com-
ment: To maintain single-family appearance. This is a subiective evalitation and
unless specific design standards are adopted by the jurisdiction, this may be difficult
to consistently apply.]
10. The primary entrance to the ADU shall be located in such a manner as to be
unobtrusive from the same view of the building which encompasses the
entrance to the principal unit. [Comment: The second entrance is located this wall
to maintain single-familil appearance with all attached'ADU. Less restrictive than
no second entri on the street side of the 7rincipal unit,'" biit it allows for site
restriction that may make a side or rear entry impossible.]
11. One off-street parking space, in addition to that which is required by the
ordinance for the underlying zone, shall be provided or as many spaces
deemed necessary by the [building official] to accommodate the actual
number of vehicles used by occupants of both the primary dwelling and the
ADU. Parking spaces include garages, carports, or off-street areas reserved
for vehicles. [Comment: Parking requirements may -,ary froni jurisdiction to
jurisdiction depending on densitil of neighborhood, existing neighborhood standards,
etc. Other parking options inchide more than one additional space, tandem parking,
or allowing on -street parking.]
12. In order to encourage the development of housing units for people with disabili-
ties, the [building official] may allow reasonable deviation from the stated
requirements to install features that facilitate accessibility. Such facilities shall be
in conformance with the UBC. [Comment: This is an accessibility issue.]
Grandfathering
Option 1. ADUs created prior to [date] shall be registered with the [building official]
for inclusion into the Certificate of Occupancy Program. Application for registration
must contain the name of the owner, the address of the unit, the floor area of the two
dwelling units, a plot plan of the property, evidence of the date of establishment of
the unit, evidence of the use. for the six-month period prior to the application for
registration, and a signature of the owner. [Comment: This provision would allow the
building official to verify the compliance of the ADU to the codes and to require changes. as
necessary.]
Option 2. Ignore. [Comment: It would be difficult and very time consuming to determine
under which codes the ADU was originally constructed.]
79
Application Procedure
A. Application for a building permit for an ADU shall be made to the [building
official] in accordance with the permit procedures established in Section [enter
number] and shall include:
1. A letter of application from the owner(s) stating that the owner(s) shall occupy
one of the dwelling units on the premises, except for bona fide temporary
absences [for [enter number] months out of each year]. [Coniment: This is an
ozoner-occupancy requirenient. Limits the owner fi•oin "living" in several units at the
sanie time.]
2. The registration form or other forms as required by the [building official] shall
be filed as a deed restriction with the [county] Department of Records and
Elections to indicate the presence of the ADU, the requirement of owner -
occupancy, and other standards for maintaining the unit as described above.
[Comment: This is for optional use if the owner -occupancy requirement is adopted.]
3. The [building official] shall report annually to the [council] on ADU registra-
tion, number of units and distribution throughout the [city/county], average
size of units, and number and type of complaint and enforcement -related
actions. [Comment: This is a local jurisdiction option. This provides a tracking
niechani;m on the nuniber of ADU; to determine if changes to the ordinance are
needed.]
4. Canceliation of an ADU's registration may be accomplished by the owner filing
a certificate with the [building official] for recording at the [city/county] Depart-
ment of Records and Elections or may occur as a result of enforcement action.
This ordinance shall take effect and be in force five days after passage and legal
publication. [Coniment: This i; a local jurisdiction option.]
Kennebunk. Maine. Provisions for Mixed -Use Development
Part D. Mixed Uses and Nonresidential Uses
Section 16. Mixed Residential and Commercial Uses. Residential and commercial
uses may be combined on a single lot in any district, provided that:
A. The uses are only those allowed within the district in which the lot is located; and
B. 'Unless otherwise specifically stated within the district regulations, each of the
uses shall individually meet the space and bulk standards set forth in the district;
and
C. Unless otherwise svecificaliiv stated within the district regulations, each of the
uses steal: individually meet the off-street parking requirements of this article;
and
D. Anv signs comply with the standards for signs set forth in this article.
San Diego, California. Live/Work Units
Section 101.0570 — Live/Work Quarters (Lofts)
A. Purpose and Intent. The purpose of this Section is to provide for and make
feasible the reuse of existing commercial and industrial buildings for joint live/
work quarter; as contemplated by Section 17958.11 of the Health and Safety
Code. Live work auarters in the City of San Diego are intended to be occupied
by artists, artisans, and similariv situate" individuals.
B. Definitions
1. artis.. One whose works are subject to aesthetic criteria. An individual who
practices one of the fine arts, who works in one of the performing arts or whose
trade or profession requires a knowledge of design, drawing, painting, etc.
80
nV�
M
You are invited to attend a party
Honoring Sara Garton
7 Friday, January 29, 1999
5:30 p.m. — 7:00 p.m.
at the home of
Bob and Jan Blaich
319 North 4Ih Street
RSVP 925-7545