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HomeMy WebLinkAboutagenda.apz.19990504 ~ AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, MAY 4, 1999, 4:30 PM SISTER CITIES MEETING ROOM, CITY HALL A. Commissioners _ ~ - f~ ~ . ./~ '~ ,_~ ,Z7 ~ ~ B. Plan.ning Staff ~g~}~/-~/ ~! ~~/~[ z~, ~ III. DECLA~TION OF CONFLICTS OF ~TE~ST ~/ IV. JOlT WO~ SESSION WITH HISTO~C P~SERVATION CO~SSION A. 7th and Main Affordable Housing, Bob Nevins and Lee Novak V. PUBLIC HEARING A. 2 Williams Way Addition to Historic Sites and Structures Inventory, Sarah Oates  B. Brien Conditional Use for an Accessory Dwelling Unit and ~ Variance from the Residential Design Standards, Lot 44 West '~/ Aspen Subdivision, Joy. ce Ohlson ~, ~ CITY AGENDAS 5/4 City Planning and Zoning (4:30) City Notice 4/13 2 Williams Way, Inventory, Public Hearing (SO) 7'h & Main Affordable Housing, Joint Work Session with HPC (BN) Brien Conditional Use for an ADU, Lot 44 West Aspen Subdivision, Public Hearing (JO) 5/10 City Council (5:00) City Notice 4/20 2 Williams Way, Inventory, 1st Reading (SO) LUC Revisions, 2nd Reading Public Hearing (JAW) Appeal of ADU "Footprint" Code Interpretation (MH) Appeal of Sign Permit Interpretation (JAW) 5/12 HPC (5:00) City Notice 4/20 312 E. Hyman, Minor 135 W. Hopkins 117 N. 61h 123 W. Francis, Extend 930 King, Amendment (con't from 4/28) 213 E. Bleeker, Site Visit and Work Session 134 W. Hopkins, Work Session (SO) 5/18 City Planning and Zoning (4:30) City Notice 4/27 Truscott Housing/Golf Pro Shop, Work Session (CB) Minor PUD, Code Amendment, Public Hearing (CB) 855 Bay Street, Conditional Use for an ADU, Public Hearing (con't from 4/13) (MH) 488 Castle Creek Road, Rezoning, Public Hearing (CB) Lodge Preservation Program Text Amendment, Public Hearing (CB) 5/24 City Council (5:00) City Notice 5/4 Moore Annexation, Determination of Completeness, 1 st Reading 5/26 HPC (5:00) City Notice 5/4 308 N. Ist, Inventory, Public Hearing 333 W. Main, Minor 400 W. Smugger, Minor 520 E. Durant, Minor 6/1 City Planning and Zoning (4:30) City Notice 5111 Burlingame Ranch Rezoning, Public Hearing (CB) Bavarian Inn, Conceptual PUD, Public Hearing (cont' from 4/13)' (MH) 308 N. 1st, Inventory, Public Hearing (AG) 6/9 HPC City Notice 5/18 6/14 City Council (5:00) City Notice 5/25 2 Williams Way, Inventory, 2nd Reading Public Hearing (SO) 308 N. 1st, Inventory, 1st Reading, (AG) Street Name Change—"Aene Park" to "Alpine Court" (SO) 488 Castle Creek Rezoning, 1st Reading. (CB) 6/15 City Planning and Zoning (4:30) City Notice 5/25 Aspen Mountain PUD, Conceptual, Lots 3 and 5, Public Hearing (MH) 6/22 City Planning and Zoning (5:00) Joint Meeting with County P&Z Buttermilk Master Plan 6/23 HPC (5:00) City Notice 6/1 6/28 City Council (5:00) City Notice 6/8 7/6 City Planning and Zoning (4:30) City Notice 6/16 7/12 City Council (5:00) City Notice 6/23 308 N. lst, Inventory, 2nd Reading Public Hearing (AG) 488 Castle Creek Rezoning, 2nd Reading Public Hearing (CB) cc: P&Z Packet City Attorney's Office City Planning Staff City Clerk's Office 4/27/99 g:/planning/aspen/agendas/comingup.doc/ 2 To 6 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Director of Community Development FROM: Joyce A. Ohlson, Deputy Director of Community Development RE: Lot 44, West Aspen Subdivision, Conditional Use for an Accessory Dwelling Unit (ADU), and Variance from the Residential Design Standards Public Hearing. Parcel ID 2735-012-310001 DATE: May 4, 1999 SUMMARY: The applicant is requesting Conditional Use approval to construct an Accessory Dwelling Unit (ADU). The applicant owns Lot 44 of the West Aspen Subdivision and intends to construct a single-family residence with a corresponding ADU on what is now a vacant, approved lot. The proposed ADU would be connected to the primary residence at basement level; however, with walk -out and above grade components to the ADU. By providing the ADU, the applicant would obtain a GMQS Exemption, enabling the property owner to construct the new residence in accordance with City Land Use Regulations. The applicant is also seeking variance to the Residential Design Standards (Ordinance 30) for two design features. One variance request is to the "garage placement" standard which requires that garages parallel to the street be recessed 10 feet from the front fagade. The other request is a variance to the "volume" design standard which doubles the floor area calculation of any room where exterior plate heights are located between nine and twelve feet above finished floor. Community Development staff recommends that the Conditional Use for the ADU be approved, subject to conditions. With regard to the Residential Design Standards, staff recommends approval of the "garage placement" variance, but denial of the "volume" variance. APPLICANT: Alice M. Brien, represented by John Muir of Galambos/Muir Architects LOCATION: Lot 44, West Aspen Subdivision. Generally, the property is located in the northwest corner created by the intersection of Cemetery Lane and Silver King Drive. ZONING: Moderate Density Residential (R-15) CURRENT LAND USE: The subject property is presently undeveloped and was approved in 1968 by Pitkin County as part of the West Aspen Subdivision. An undeveloped trail is located across a portion of the property from which access is gained to Red Butte. LOT SIZE: The subject property is 15,734 square feet in size. ALLOWABLE FAR: The lot has an allowable floor area of 3,408 square feet. The R-15 zone requires a minimum lot area of 15,000 square foot per dwelling unit. ADUs do not count as units of density. PROPOSED LAND USE: Single family dwelling with attached Accessory Dwelling Unit. REVIEW PROCEDURE: Accessory Dwelling Units (ADUs) requireconditional use approval by the Planning and Zoning Commission at a public hearing. It is a one-step review that requires notification to be published, posted and mailed in accordance with Section 26.52.060(E). The following sections of the code are applicable to this conditional use review: Section 26.40.090, Accessory Dwelling Units; Section 26.28.050, Moderate -Density Residential (R-1 5); Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section 26.58.040, Residential Design Standards. Community Development Department staff reviewed this proposal against the Residential Design Standards and found that the submitted development application for the residence and ADU complies with the exception of the "garage placement" and "volume" standards. The volume standard variance request applies to both the east and south elevations, first and second floors, as illustrated on Sheets A2.1, A3.1, A2.2, and A3.2. of the applicant's submittal, Exhibit A. The Commission will serve as the DRAC when evaluating this request. BACKGROUND: The subject property is a vacant lot located at the toe of the southeast slope of Red Butte. The parcel serves as the foreground of a significant view from the Cemetery Lane area up to the ridge of Red Butte. Significantly steep slopes are found on the site necessitating the maximum 25% reduction in floor area for this development. The proposed floor area incorporates this reduction factor. The site constraints strongly dictate the area that is suitable for development and to a large extent, the 3-floor, stepped back design of the structure. As noted earlier, a primitive trail crosses a portion of the property providing a point of access to the Red Butte Open Space, a City -owned property. No formal easement over this trail has ever been in place for the use of this trail by the public over private property. The property owner has willingly worked closely with the City of Aspen Parks Department to determine a suitable relocation for the trail. Furthermore, the property owner has entered into an agreement with the City to provide a perpetual trail easement and right-of-way for public use. The easement agreement stipulates that the desirable and exact trail location will be determined by the Parks Department, surveyed and then the easement document will be finalized. Additional and specific language regarding the dedication of the easement is put forth in a signed and recorded document between the City and property owner, Alice Brien. While the location is not finalized, preliminary evaluation by the Parks Department indicates that the location of the proposed residence will not impact the future trail and is therefore not at issue. REFFERRAL COMMENTS: Comments from the City Engineering, Housing, Zoning, and Parks Departments as well as the Aspen Consolidated Sanitation District and the Aspen Fire Protection District are contained within this report as Exhibit B. Where appropriate, many of the comments have been utilized as conditions in the proposed resolution. STAFF COMMENTS: Section 26.40.090, Accessory Dwelling *Units The proposed ADU would contain approximately 370 square feet of net livable area. The ADU would be deed restricted, meeting the housing authority's guidelines for resident occupied units, limited to rental periods of not less than six (6) months in duration. The owners of the principal residences will retain rates and select a qualified employee(s) of his/her choosin �n the right to set the rental street parking space will be provided on -site for the ADU gin their ADU. One (1) off - same driveway serving the principle dwelling. Therefore, the d roil) be accessed from the requirements of Section 26.40.090(A)(1). p posal complies with the Pursuant to Section 26.40.090(A)(2), the development in all of the dimensional requirements of the underlying' Z0 including the ADU, is subject to Residential (R-15). All of the dimensional requirement zone district, Moderate -Density associated with floor area, height, site coverage, and setbacks)) be met; including those Since the ADU would be attached to the primary residence not applicable. Section 26.40.090(A)(4) states that "an atta , Section 26.490.090(A)(3) is shall utilize alley access to the extent practical. " No alley ched accessory dwelling unit property which makes this section not applicable as well. exists to serve the subject Section 26.40.090(B), Development Review Stands development be compatible with and subordinate in character that "the proposed located on the parcel as well as development located acter to the primary residence assuming year-round occupancy, shall not create adensit within t a/ttethe neighborhood, and established neighborhood. overThe proposed ADU would not be r inconsistent with the external appearances, as it has been designed to appear tly distinct in terms of residence; thus, it will be compatible with and subordinate i as part. of the primary residences. This property is located in an established residentialcharacter to the primary for the most part, made up of single family residences ma neighborhood which is, than what is proposed on the subject � many of which are greater in size neighborhood. The proposed ADU will be Property. Other ADUs are located in the neighborhood and will not create a densitywith the character of the existing established in the area. pattern incompatible with that already Section 26.60.040, Standards Applicable to An Conditiona l Uses Pursuant to Section 26.60.040, a development application shall meet the following standards: p for a conditional use approval (A) The conditional use is consistent with the Purposes, standards of the Aspen Area Comprehensive Plan, and with l' e intent and zone district in which it is proposed to be located. the intent of the The stated purpose of the R-15 zone district "is to Provide areas purposes with customary ' accessory uses. Recreational aond long term residential customarily found in proximity to residential uses are included a institutional uses in the Moderate -Density Residential (R-15) zone district t s conditional uses. Lands pi the Aspen 7 ownsite and subdivisions on the peripheryof thcally consist of additions to would be in harmony with the purpose of the R-1 zone districtThe proposed ADU provide for long-term residential use (or customary accesso since the ADU would proximity to transit (a bus stop is located on the Cemeteryry use) and be in close property). ADUs are allowed as conditional uses in the R- 5 zone ne frontage of the subject district. One of the stated themes of the AACP with regard to " ent community" is to "increase resident housing."g revitalizin the Also, the proposal is consistent withnthe following purposes, goals,. objectives and standards of the • "Promote, market and implement Cottage Infill and CP: programs;" Accessory Dwelling Unit 3 "Develop small scale residen t housing which fits the character of the community\and f is interspersed with free market housing throughout the Aspen Area and up Y Aspen Village;" and, P uld develop employee -occupied "The public and private sectors together identified f ed unmet need to sustain a critical accessory dwelling units, to achieve the iden mass of residents." with Section Staff finds that this conditional use application for the ADU complies 26.60.040(A). (B) The conditional use is consistent and .compatible with the character ou d ng immediate vicinity of the parcel proposed for developmentta uses and activities in land uses, or enhances the mixture of comp line ry sociated the immediate vicinity of the parcel proposed for development. ed b residential uses, some of which have as compatible with The subject parcel is surround Y evelo ment on the in units, making the proposed ADU both consistent D and p accessory dwelling the existing residential development e the immediate lots vicinity. larg, established residential subject property, one of the last of undeveloped and density. Also see the last paragraph subdivision, really constitutes ccesslory Dwelling Units portion of this memo, above. of the Section 26.40.090, (C) The location, size, design and operating characteristics of the proposed ' minimizes adverse effects, including visual impacts, impacts conditional use min trash, service delivery, on pedestrian and vehicular circulation, parking, vibrations and odor on surrounding properties. art of the the proposed ADU would appear as p As mentioned earlier in this memo, otential principal residences; thus, its location, size and design will impacts acts arenanti anticipated adver se visual impacts. No noise, vibration, or °er° res dence or ADU found in the The proposed ADU would operate like any of the impacts should be negligible. During the cose of neighborhood. The anticipated p ortunit for enclosed storage within review of the plans, staff has identified an Opp Y moving the residence/ADU struc ture. Plan A2.3 provides the basement floor 'the By landing, suite door back from the ADU so that it would enclose and private storage for the ADU could provide sec that area under the stairway resident. Indoor storage would be practical and minimize the likelihood of outdoor storage and its potential impact on the neighborhood. public facilities and services to serve the conditional�rks, use (p) There are adequatep potable water, sewer, sold P including but not limited to roads, medical services, hospital and medical police, fire protection, emergency services, drainage systems, an There are adequate public faci lities and services to serve the proposed uses. The residences wou ld be within an existing, well -established neighborhood. ' to su ly affordable housing to meet the incremental (E) The applicant commits PP need for increased employees generated by the conditional use. nt of the ADU would not generate an increase Section While the proposed development an ADU which, pursuant m to ment base, the applicant will be supplying e p Y ed registered with the housing office, and available 26.40.090(A)(1), will be deed restrict 9 in residents of Pitkin County for periods of not less than for rental to eligible working 4 months in duration, thereby serving the of Aspen. 9 need for increased affordable housing smg in the City (F) The proposed conditional use complies on it by the Aspen Area Comprehensive p/ l nadditional standards imposed requirements of this title, and by all other applicable The proposed conditional use will comply the AACp and by all other applicable requirements�all additional standards imposed on it contained in Section 26.58.040, ResidDes n the Municipal Code, such by granted by the Commission, Residential Design Standards, unless varianceshose are Section 26.58,040, Residential Design Standards The design for the proposed residence Design Standards of Section 26.58.040. wStareviewed by staff against the Residential with all but two of the design standards, namelyf found the proposed designs to comply Carports and Storage Areas, and (12), Volume standards 26.58.040 F 4 ()( ), Garagesy Re: Garages, Carports and Storage Areas As it applies to this application, this standard requires that all portions of a garage, carport or storage area parallel to the street be recessed minimum of ten (10) feet. If a variance is to be behind the front fa ade a one of the following three criteria: granted, it would have to be -based on (a) Co proposed design .yields greater com lia mmunity Plan; - or, p nce with the goals of the Aspen Area (b) the proposed design, more effectively standard responds to; or, addresses the issue or problem the given (c) a variance is clearly necessary for reason specific constraints. s of fairness related to unusual site The site is a unique triangularly shaped lot constraints, the proposed location and orientation Possesses steep slopes. Given these to minimizing impacts through less cuttingof the e Lion of the garage lend themselves better back on the site the result would be a steeper natural slope. If the garage were further location of the garage serves as a first "step" er p driveway and greater cut. In addition, the residence. This stepped back layout seems to in the stepped back design of the an arrangement that would orient the residence better utilize the site instead of orientation of the garage is such that the garage more horizontally across the slope. The not directly face the street. This orientation moves ors face toward the southeast and do residential setting which was one ri the intents o f away from the prototypical suburban feels that the garage location variance is both the garage placement standard. Staff and is a more effective method of addressingnecessary ssary due to unusual site constraints and c. Staff recommends the garage variance be rgarage placement issue, criterion b granted. Re: Volume This standard requires that windows in any are (12) feet above the height of the floor plate a as that lie between nine (9) and twelve that lie between nine (9) and fifteen 15 nd non orthogonal windows in ( )feet above the height of the floor plate n es yeas a doubling of the floor area calculation for the respective room. � ult in 5 e contains ,volume" standard violations only ses two The proposed design for the residence rather small in nature and east and south elevations . The east elevation as depicted on plan A3.1 prop s from the window standard. These deviations arched windows. The other east deviation of the square dormer are found along the top and comprises at least a third of the specifioc window elevation is depicted substantial Plan Aevi a visible. On the south deviation from the standard. This e ast elevation area, creating a UfacLane and will be quit residence and A h faces toward Cemetery provided square dormer windows and the set of three arched elevation, about half of the small q exact square footage of on doors exceed the standard. (Note exaen the plans windows above the balcony applicant, it is difficult at this time to call and resentation materials from the by the aPP Staff has requested amended plan P l In Exhibit A, nonconformity.) specific areas that do not comp y. applicant that clearly illustrate the components that are not in PP ' ant's Plans, staff has highlighted the window Applicant's with the standard. three 3 options once it is penalty, the applicant has t ( ) Under the language of the volume P y� first, the applicant can choose to osed design does not comply applicant can appeal staff's determined that the prop with. the standard; next, the lastly, the redesign the proposal to comply appropriate board; the Design Review Appeal Committee or other app p finding to area penalty which would double the calculation of � 9 windows. applicant can choose to accept a floor ar P in Commission in spaces visuhe ally accessed though the non -an� -conforming 9 floor area in those P appeal staff's finding to the Plann g applicant has chosen to lance is to be granted, it would have to be based an attempt to obtain a variance. If a variance on one of the following three criteria: goals of the Aspen Area proposed design yields greater compliance with the go (a) the prop , given Community Plan; or, re effectively addresses the issue or problem the (b) the proposed design more standard responds to; or, for reasons of fairness related to unusual site- (c) a variance is clearly y necessary specific constra►n the to the pending revisions to the Residential Design Sad building has According Volume" standard "is to ensure that each kale to the facade, purpose/intent of the rov►de human street -facing architectural details and elements which pr building traditions." Although street g experience, and rein applications, enhance the walking do not hold any force in the review of current app pending code amendmentsfuI in understanding the issues/concerns that the staff felt this information might d addrbe ess. volume standard attempts to finding of greater compliance evaluation of the proposed design does not yield a 9 Staffs eval If the requested variances are to be lu id,i with the Aspen Area Community Plan. design more efficiently Id need to be on the grounds that either the proposed wou given standard responds to, or is nece a addresses the issue or proble usual site specific constraints. The following paragraphs reasons of fairness related to unusual discuss the request ed variances relative to the variance standards. al site -specific constraints associated oith r Staff does find that there are unusu verticality of the stepped back property, however, thes e constraints do not necessarily make it unfair, impractical com I with the volume standard. Due to he lope of the property, the taller impossible to P Y to the perception of height and stature clud including layout of the residence and how this l a out moves up ut Y of the even ad this specific layout, window arrangements may In .the context of the neighboo rnent toward meeting this criteria or proposed development. the window arrangement, does not move the deve p 6 the criteria having to do with more effectively addressing the issue or problem the standard responds to. It is possible to develop within the exact letter of the "Volume" standard as put forth in the Code. Hence, staff believes the applicant should be redesign the elevations or accept the floor area to the letter of the standard and either spaces. penalty for the corresponding internal STAFF FINDINGS: Based upon review of the referral comments, Community Development staff finds that land use application and the to support the Conditional Use request withfinds that there is sufficient information conditions .of approval, the proposal meets or exceeds al conditions. With the recommended review of Accessory Dwelling Units as conditional all standards applicable to the Design Standards, staff believes the requested uses. With regard to the Residential criteria b and c, but the circumstances do not warrant `garage placement" variance meets order to grant the "volume" variance. The applicant rrant positive findings of the criteria in window elements to comply with the letter of the p does have the option to redesign the moving forward on the residence and ADU. volume standard without compromising RECOMMENDATION: Community Development Use request for an Accessory Dwelling Unit anstaff recommends that the Conditional the garage placement only, on Lot 44, West As he Variance to the Design Standard for pen Subdivision, be approved with the following conditions: 1.) The building permit application shall include the following in addition to normal submittal requirements: a) a signed and recorded copy of the Planning outlining the granted approvals and conditions, and and Zoning Commission Resolution permit plan set and all other prints made for the the cover sheet of the building language of any and all conditions of approval; purpose of construction, b) a signed and notarized letter from he contractor n, the approval are known to and understood by him/her; indicating that all conditions of c) working drawings to verify com li requirements; p ance with all applicable dimensional d) plans for all utility meter locations; locations may not be obstructed; must be accessible for readings and e) a current Site Improvement Survey indicating record indicated on the property title commitment • the nature of all easements of 0 a copy of the recorded plat showing Lot 44 ' 9) a $50 fee in lieu of digital submission requirements;W est Aspen Subdivision; h) a completed and recorded sidewalk, curb an an agreement to join any future improvement distrctster forconstruction agreement and improvements which benefit the prosperityan asse under the purpose of constructing i) a completed and recorded ADU deed restric tion on the property, a form for which ssment formula. 9 may be obtained from the Housing Office. The deed building permit plans. restriction shall be noted on the 1) a storm drainage report and mitigation Ian including erosion control, water runoff, sediment control conpermanent and temporary components (24" x 36" size plan sheet or on the lot grading contaminant control and retention Colorado licensed Civil Engineer which addresses 9 ading plan conditions and in accordance with pre-, post- and duringPrepared by a Section 26.88.040(C)(fl of the Land se Collection 7 e drainage system is k) indication of whether a ground injection or re-chargeelishing percolation rates will (i.e., drywells) and if so, a soils repo rt proposed need to be included; permitted within utility easements; I) indicate that drywells will not be p plans that foundation drainage indicate through the above -referenced drainage p trees m) Department for any systems will be detainee relocation permit from the City Parks n) a tree ory d removal improvement district(s) to be rem reement to join any future o an executed copy of an ag improvements in adjacent a be formed for the purpose of constructing which may public rights -of way; and permit with the Aspen Consolidated Sanitation p roved tap p sewer in a manner di ri completed and approved e applicant shall connect the ADU to the sanitary district. The pp erintendent. acceptable to the ACSD sup in addition to normal 2.) The building permit plans shall reflect/indicate the following submittal requirements: of the City's Residential Design Standards unless a. conformance with all aspects specific variance has been granted; p � labeled as such and meets with the definition o b. that the proposed ADU is Accessory Dwelling Unit; having a minimum of a two stove with C. that the ADU will contain a kitchenplus freezer. _ r arkinq space provided. The oven standard sink, and a 6-cubic foot refrigerator eet ror the d. that the ADU has the minimum access and cannot be stacked with a space ADU space must have clear primary residence; meets all a plicable UBC requirements for Ifalli ht anon I or building up e, that the ADU iesigned to prevent snow and ice from g f, that the roofe area that on, the entrance to the ADU; to provide for a private and secure ont r h at the the ADU plan is a g. moving the basement el suite door o a locatfor the ADU by may be part of .the ADU; s Driveways must be space under the stair landing s and must be conformance with the City's requirements, fordriveways. driveway ), h. confo including g sneer may separated by 25 feet or more ( line. The City Engineer sued from the edge of the street to the property xceeds p paving alternatives; approve p stem if the gross square footage of the structure ecause of i. a fire suppression sy the Fire Chief to be necessary 5,000 square feet or if determinedobs of the proposed driveway.wide buffer for fire and emergency access c ace with a five (5) foot a five (5) foot wide pedestrian usable paving. c J e of the street snow stora eat the edge meters for each residential 3.) The applicant should provide separate utility. taps and unit. utility pedestals or transformers must be installed be new u Y P Easements 4.) All utility meters and any not in any public right -of way a licant's property ions and easements must be delineated le for the pp nd provided for pedestals. Alovelment survey. Meter locations must be access described on ae not be obstructed. reading and Y 8 5•) The applicant must receive from the a approval for any work within the public right -of wa appropriate City Department. This includes, but is no y for a mailbox and landscaping from the CityStreets t limited to a ets Department. � approval 6•) All construction vehicles, materials debris within public rights -of way unless specifically a Shall be maintained on -site and not Department. The applicant shall inform the con proved by the Director of the Streets tractor of this condition. 7•) The applicant and contractor shall abide activity is limited to the hours between 7 a. m and �I noise ordinances. Construction 0 p.m. 8•) Prior to the issuance of a Certificate Community Development Department, Enf i�ccupancy, the applicant shall permit inspect the property to determine compliance ineering and Housing Office staff to th the conditions of approval. 9•) The proposed design has been granted of the Residential Design Standards, Aspen Munilance from Section 26.58.040(F) 4 of the Residential Design Standards shall be complied Code. All other requirements plied with. 10.) Before applying for a building permit the Zoning Resolution, and pay the associated fee, shall record this Planning and l ' with the Pitkin County Clerk and City Clerk for this recordation process upon a ding' The applicant may util Recorder located in the Courthouse Plaza Buiize the payment of recordation fees. 11.) All material representations made by .the applicant in the application and during the meetings with the Planning and Zoning *Commission shall be adhered to and considered conditions of approval, unless otherwise addressed by other conditions 12.) If the proposed use, density,or ' the site grading, drainage, timing of the construction of the project chap a or to this a 9 , parking or utility plans for this project change subs g approval, 'a complete set of the revised plans shall subsequent Engineering and Community Development evaluation. Departments for review -to the and re- 13.) Prior to issuance of any buildingpermits, changes from the approval, as set forth heren a review of any Development and Engineering. De art shall be made bythe Communit Zoning Commission. p ments, or referred back to the Planning uand RECOMMENDED MOTION: "I move to approve the Conditional Use allowing an Accessory Dwelling Unit and to approve a Variance to the Design Standard, for ara e Aspen Subdivision with the conditions outlined 9 placement only, on Lot 44, West Department memo dated May 4, 1 ggg, ,, in the Community Development EXHIBITS: "A" - Applicant's Land Use Application/Plans Referral Agency Comments "C" - Vicinity Map 9 PEN PLANNING AND ZONING COMMISSION SOLUTION OF THE A5 USE FOR AN ACCESSORY RE r GRANTING APPROVAL OF A CONDITIONAL UM SECTION 26.58.040(F)(4)9 DWELLNG UNIT AND A VARIANCE THE ALICE M. BRIEN PROPERTY RESIDENTIAL DESIGN STANDARDS EN SUBDIVISION, CITY OF ASPEN DESCRIBED AS LOT 449 WEST ASP Resolution No. 99-AL lication from WHEREAS, The Community Development Department received er, for Conditional Use 'r of Galambos/1V1uir Architects on behalf of Alice approximately ' three hundred seventy John Muir ory Dwelling Unit having Review of an attached livable area; and (370) square feet of requested approval of a proposed design for asingle-family WHEREAS, the applicant pP residence on the property e known as Lot 44, West Aspen Subdivision; and Section 26.40.090 of the Aspen Municipal Codoe mission as WHEREAS, pursuant to the Planning and Zoning C ccessory be approved at a public hearing by Dwelling Units may PP Conditional Use s in conformance with requirements of said Section; an th the requireme ice the City Engineering Department, the Parks he WHEREAS, the Housing office, r the Aspen Consolidated Sanitation District, and dwith Department, the City Zoning Office , proposal and recommended approval Community Development Department reviewed the conditions; and ion 26.58.020(B) of the Aspen Municipal Code, WHEREAS, pursuant to Sect applicant's application for Development Department staff also reviewer the 26.58.040 of the Aspen Municipal Community p application to be inconsistent with Standards om liance with the Residential Design Standards of echo c p Code and found the submitted development to Storage e Areas, and (12) Volume; and 26.58.040(F)(4) Garages, Carports an g providesode that if an WHEREAS,the Section 26.58.020(B) of the Aspen Municipal Residential Design Standards, application is appeal st found by staff to be inconsistent with any item oaff s findings to the Planning and the applicant may either amend the application or g Appeal Board; and Zoning Com mission pursuant to Chapter 26.22, Design Review App appeal from the Reof sidential Design Standardsand WHEREAS, all applications for pp one of the following statements in order for the Planning Section 26.58.040 must meet the proposal must: plan; ZoningCommission to grant an exception, haml of he Aspen Area Community liance with the goals a) yield greater compgiven standard or provision responds b more effectively address the issue or problem a b to; or for reasons of fairness related to unusual site specific c) be clearly necessary constraints; and hick was legally noticed, was held at a regular mtte 'Vj HEREAS, a public hearing, w 4 1999 April 13, 1999 at which Commission on May , of the Planning and Zoning � vote the Conditional Use for the Commission approved by a _______ to __ P&Z Resolution No. 99- Lot 44, West Aspen Subdivision Accessory Dwelling Unit with the conditions and the Variance for the Gar recommended by the Community Development Department; and age Placement as WHEREAS, the approval of the variance request was based on finding that the proposed siting of the garage allows the development to meet the review criteria more closely, especially with regard to Section 26.58.040 (b) and (c), due to the unique and site specific conditions of the subject property. NOW, THEREFORE BE IT RESOLVED by the Commission: The Conditional Use for an Accessory Dwelling Unit containing approximately 370 square feet attached to the proposed single-family residence on Lot 44, West Aspen Subdivision and a Variance to only Section 26.58.040(4), Garages, Carports and Storage areas, of the Residential Design Standards is hereby approved with the following conditions: l.) The building permit application shall include the following in addition to normal submittal requirements: a) a signed and recorded copy of the Planning and Zoning Commission Resolution outlining the granted approvals and conditions, and on the cover sheet of the building permit plan set and all other prints made for the purpose of construction, the. language of any and all conditions of approval; b) a signed and notarized letter from the contractor indicating that all conditions of approval are known to and understood by him/her; c) working drawings to verify compliance with all applicable dimensional requirements; d) plans for all utility meter locations; locations must be accessible for readings and may not be obstructed; e) a current Site Improvement Survey indicating the nature of all easements of record indicated on the property title commitment; f) a copy of the recorded plat showing Lot 44, West Aspen Subdivision; g) a $50 fee in lieu of digital submission requirements; h) a completed and recorded sidewalk, curb and gutter construction agreement and an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the prosperity under an assessment formula. i) a completed and recorded ADU deed restriction on the property, a form for which be obtained from the Housing Office. The deed restriction shall noted on the building permit plans. g j) a storm drainage report and mitigation plan, including permanent and temporary erosion control, water runoff, sediment control, contaminant control and retention components (24" x 36" size plan sheet or on the lot grading plan) prepared by a Colorado licensed Civil Engineer which addresses pre-, post- and during construction conditions and in accordance with Section 26.88.040(C)(f) of the Land Use Code; k) an indication of whether a ground injection or re -charge type drainage system is proposed (i.e., drywells) and if so, a soils report establishing percolation rates will need to. be included; 1) indicate that drywells will not be permitted within utility easements; m) indicate through the above -referenced drainage plans that foundation drainage systems will be detained on site; n) a tree removal or relocation permit from the City Parks Department for an trees to be removed or relocated; y Page 2 of 4 P&Z Resolution No. 99- Lot 44, West Aspen Subdivision o an executed copy of an agreement to join any future improvement district(s) public rights -of whith may way; be formed for the purpose of constructing improvements in adjacent and a completed and approved tap permit with the Aspen Consolidatedmanner acceptable t ble totheP) P The applicant shall connect the ADU to the sanitary sewer �n a mann ACSD superintendent. 2. The building permit plans shall reflect/indicate the following in addition to normal submittal requirements: a conformance with all aspects of the City's Residential Design Standards unless specific variance has been granted; b) that the proposed ADU is labeled as such and meets with the definition of Accessory Dwelling Unit; c that the ADU will contain a kitchen having a minimum of atwo-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer. The d that the ADU has the minimum one (1) off-street parking space provided. esiden residence; space must have clear access and cannot be stacked with a space for the primary .e) that the ADU meets all applicable UBC requirements for light on, or building up on, the and air f) that the roof is designed to prevent snow and ice g entrance to the ADU; g) that the ADU plan is amended to provide for a private and secure storage nder area for stair the he ADU by moving the basement level suite door to a location so that the space landing may be part of the ADU; h) conformance with the City is requirements for driveways. Driveways must b separated by 25 feet or more (including neighboring driveways), and must be paved edgeo the street to the property line. The City Engineer may approve the paving talternatiructureees; 5,000 i) a fire suppression system if the gross square footage of square feet or if determined by the Fire Chief to be necessary because of fire and emergency access constraints of the proposed driveway. J) a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage at the edge of the street paving. 3. The applicant should provide separate utility taps and meters for each residential unit. All utility, meters and any new utility pedestals or transformers must be b taro d on the for 4.) tY applicant's property and not in any public right -of be delineated and described on the site pedestals. All utility locations and easements must improvement survey. Meter locations must be accessible for reading and may not be obstructed. The applicant must receive approval for any work within the public right-fof a a from r ox and 5.) PP b approval appropriate City Department. This includes, but is not limited to, app landscaping from the City Streets Department. ubli 6.) All construction vehicles, materials, debris shall be maintained on -site andnot thin p The rights -of way unless specifically approved by the Director of the Streets Department. applicant shall inform the contractor of this condition. PP 7.) The applicant and contractor shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 10 p.m. 8.) Prior to the issuance of a Certificate of Occupancy, the applicant shall permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval. Page 3 of 4 P&Z Resolution No. 99- Lot 44, West Aspen Subdivision 9.) The proposed design has been granted a variance from Section 26.58.040 F 4 of the Residential Design Standards, Aspen Municipal Code. All other requirements of the Residential Design Standards shall be complied with. 10.)Before applying for a building permit, the applicant shall record this Planning and Zoning Resolution, and pay the associated fee, with the Pitkin County Clerk and Recorder located inthe Courthouse Plaza Building. The applicant may utilize the City Clerk for this recordation process upon payment of recordation fees. 11.)All material representations made by the applicant in the application and during the meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise addressed by other conditions. 12.)If the proposed use, density, or timing of the construction of the project change, or the site grading, drainage, parking, or utility plans for this project change subsequent to this approval, a complete set of the revised plans shall be provided to the Engineering and Community Development Departments for review and re-evaluation. 13.)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 Engineerin Departments, or referred back to the Planning and Zoning Commission. g APPROVED by the Commission at its regular meeting on May 4, 1999. APPROVED AS TO FORM: David Hoefer, Assistant City Attorney Attest: Jackie Lothian, Deputy City Clerk 0'z Planning and Zoning Commission: Robert Blaich, Chairperson Page 4 of 4 GALAMBOS / MUIR ARCHITECTS ARCHITECTURE & PLANNING Design Narrative Lot 44, West Aspen Subdivision Alice M. Brien, Applicant I. Overview (please note that asite/ structure model of the Proposed posed home will be Provided at the public heating) The site comprises the toe of Red Butte ad' Silver King Drive, zoned R-1 S. Exce t facent to the intersection of CemeteryLane corner (mostly in the front yard setback the r a small relatively flat area in thnorth and a three -level wood -framed custom home site >s steeply sloped. east grade. The allowable floor me, with the two lower eve The applicant Proposes or area is 3,408 square Beet after talon t is being partially below area reduction for a sloping site. The Proposed floor area i he n�rmm� 25% floor Department of Community Development s 3,370 s P standards after deductions for the feet by the partial sub -grade conditions of the base 4,858 square feet; the net livable floor area and first floor. Actualgarage. and the west side of Cemetery a is 4,406 s jFoss floor area n �' Lane and the North side of �Ve K Adjacent structures on residential and generally unremarkable in c sloped as the subject s' character. None °f �g drive are two-story J site. these sites are as steeply Every effort has been made to each successive floor level set back e the home fit the site in a harmonious f home has been placed as far back from the one below as the home steps u tashhion, with and visual separation from this b from Cemetery Lane as possible to Provide e site. The Placement also seeks to use exist street as well as the adjacent RFTA e acoustic as screeningg cottonwood trees at the southeast corner o t stop elements. Exterior wall materials consist siding, wood window trim, and to of stone, stucco, wood the site complement g/timber trusses and accents. Stone type shingle Complementary to the reddish tones of the native soil. Roo yP will be cedar shake. Roofing material will be jumbo bo Driveway access has been placed 'acen as far from the intersection of Cemete are available on Cemetery La 1e, t ETA bus stop as is practical. Ma'°r Lane and Silver King Drive and the ad J public utilities 208 MAIN STREET CARBONDAr F, COLORADO 81623 PHONE: (970) 704-9750 FAx: (970) 704-0287 E_ MAIL: GALAMBpS@SOPRiS.NET �k 4Yy the city of Aspen granting the City a • ant's easement agreement with have been provided with this Copies of the applicant's subject property perpetual trail easement acro cross the sub) P on the grading and landscape o sed alignment of this trail is shown this easement on her own application. The proposed The applicant undertook to Pr to incorporate exist pis, sheets L-1 and L-2• for the City a benefit to the that an opportunitywould be initiative after considering the City's established trail. systemeSts that the Department of "unofficial" trails into applicant respectfully requ a who le. The aPP Zoning Commission consider t�so �e community an asset t uni Development and the plire anning build a project that is Comm � of her des good -faith demonstrationand aesthetically. community.) both functionally 1, Accessory Dwelling 'Unit & Competition procedure from GMQS Scoring exemptions or ' ant seeks to exempt the project DWelling Unit. No floor area Applicant coon of an Accessory The unit is attached to through the constru nested in connection with this unit. � the basement level (see dimensional variances are re dinate location on the north end -out condition (see east structure in a subordinate the main in this area allows for The entry door is on the north sheet A2.3). Grade configuration elevation, sheet A3.4) adjacent t A3.1, and north from the entry door to the 370 elevation, sheet path is proposed d a stone stepping P sheet L-2)• The net livable floor �dio-style side an area (see landscape p>� ° ses driveway/parking Of the unit (see sheet A6.1) d e P. areas per the square feet. The floor Plane crating the unit into living an and dresser. Wardrobe, arrangement, with a 10�' �"�a allows for a queen bed, side tableend tables, TV -cart, and the sleeping area floor plan, or a kitchenette, seven foot couch A lass entry door and two The living area is sized f provided. g with pleasant views east �, separate bath with shower is and ventilation, a bistro table ware feet of glazing windows provide over gosq ass and north to Hester Creek. to Aspen and IndependenceP Residential Design Standards Ordinance 30) —Garages & that DTlveways Z t garages parallel to the street be Applicant regllrequestsa variance for the requirement g recessed 10 feet from the front facade- 1 see sheet A2.3) at the east end of the basement level rom. rice of the The roposed garage located The applicant recognizes that th p p front facade eater horizontal within 10 feet of the issues; this location allows for asoftening the wires sensitivity to grading Dint and the garage, substantially site req see Grading distance from the street entry' Point s visual impact from the street (doors to be driveway d reducing the driveway required, an d L_2). This location allows theigrar��l pact as grading ,sheets L-1 an reducing their and Landscape plans to the street, structure, away from a parallel relationship a- ® element at the front of the ssite. The rotated a Y ar e provides a on rY the slope of thus unusual well. proposed g ag P and proposed The P � t of massing that steps up existing consistent with the concept by proposed garage is substantially screened from the feet vertically and 40 feet to the curb b its separation from the street (seven e planting and Y horizontally). 4• Residential Design Standards O ( rdinance 30) — Exterior Plate Height Expression pression Applicant requests a variance for the requirement (windows) between nine and twelve feet above ent that exterior Bade Penetrations circular or non -orthogonal penetrations) incur an finished floor (nine and fifteen feet for floor area penalty. a• 1-story gabled end wall at the Great Room elevation, sheet A3.1, east elevation #2, sheet A3, (see First Floor Plan, sheet A2.1, east 2) Gabled roofs are used throughout the Proposed structure to im Part a more rustic feel appropriate to the site. At the East the Great Room the proposed windows break d end of Provide logical transition points between the different thus gable in a desirable way and substantially screened from Cemetery Lane b the exterior materials. This element is by its vertical separation from the street y garage element below and in front and street the garage would conceal the lower half f t feet to finish floor). In fact from the Planting provide additional screening. half of this window set. Existing and Proposed g po b• 1.5 story stone gabled end wall at the Entry Foyer east elevation, sheet A3.1) This gabled element is l ed (see First Floor Plan, sheet A2.1, elevation and, along with the stone entry stair and to break UP this Portion of the east element. The window proposed striker an a ro covered porch, provides a strong entry and window area Horizontal and vertical se ro �te aesthetic balance between stone Proposed planting,P on from Cemetery L provides partial screening from the street. ane, along with c• 1-story gabled end wall at Master Bedroom — south elevation, sheet A3.2 (see Second Floor Plan, sheet A2.2, tall gabled element) � with the Great Room, windowsProposed m a more desirable way and provide logical tTansibreak down a the different exterior materials. This element face n points between since it is separated from Silver King Drive b adjacent and � very low street impact the balcony/kitchen element in front. y residential structures as well as d. Saddle dormer elements at the Great Roo Bathroom - (see first &second floorplans, m' Guest Master Bedroom, and Master elevations sheets A3.1 and A3.2) Saddle dormr sheets A2.1 and A2.2, east and south break up the eave lines for more visual interes and the window sets within are used to exterior materials. t and to provide transition points for the Guest Master Bedroom the vertical se balcony/A.D.U. element in front will conceal m Paration and the seen from the street. The dormer/window sets in the f the lower half of this window as face south and have very low street impact sinc Great Room and Master Bathroom Drive by adjacent residential structures. e they are separated from Silver King . co > m 4LP 1. A Z7 • r N h a cm ' N q Poo re, 0 4Oi► ,'� al isT 30 s ,�� BUrsc ch St St St COO) • w y CO) _ c On Mountain d ,ei b $$n� $f J ` Sw Quo r ntu St Uri t Q� Gcv4►an $ 7 �4kCA O .1 A. rn �3 " Mt L.uucl Cat w PROJECT: Name: Location: APPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name: Address: Phone #: LAND USE APPLICATION (Indicate street address, lot & block number, le -701 -M 4 , TYPE OF fAPPLICATION: (please check all that apply): Condi, TT tea description where approp- na e--5�" '--N ❑ Conceptual PUD ❑ Special Review ❑ Final Design Review Appeal PUD (& PUD Amendment) ❑ . ❑ GMQS Allotment Conceptual SPA ❑ j GMQS Exemption Final SPA (& SPA Amendment) ESA - 8040 Greenline, Stream❑ Subdivision Margin, Hallam Lake Bluff, ❑ Subdivision Exemption (includes Mountain View Plane condominiumization) ❑ Lot Split ❑ Temporary Use Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings' , uses, Previous apnrnvale P........ ROPOSAL: (description of proposed buildings uses, modifications, etc.) Have you attached the following? ❑] Pre -Application Conference Summary Attachment # 1, Signed Fee Agreement Response to Attachment #2, Dimensional Re uire ❑ Response to Attachment #3,1VI' q ments Form ❑ Response to Attachment #4 Specific Submission Contents ❑ Response to Attachment #5 ' RevC�c Submission Contents iew Standards for Your Application 1&t ❑ Conceptual Historic Devt. ❑ Final Historic Development ❑ Minor Historic Devt. ❑ Historic Demolition ❑ Historic Designation ❑ Small Lodge Conversion/ Expansion ❑ Other: FEES DUE: S EXHIBIT B I/IEMORANDUM To: Joyce Ohlson, Deputy Community Development Director rector Thru: Nick Adeh, City Engineer From: Chuck Roth, Project Engineer Date: April 16, 1999 Re: Brien Residence Conditional Use for an Accessory Dwelling Unit (Lot 44, West Aspen Subdivision) The Development Review Committee has reviewed t 31, 1999 meetin � he above referenced application at their March�, and we have the following comments: General - If the proposed site plan is modified from the o discussed In the DRC meeting, the Engineering Department s e presented m the application, as verify that these comments are still pertinent to the developmenthould review the new site plan to No additional information is necessary at this time, altho and to review the proposed design. of construction of the project change or t �h if the proposed use, density, or timino he site, parking or utility plans for this, project chance subsequent to this review, a complete set of the revised Tans shall all be provided to the Engineering epartinent for review and re-evaluation. The discussion and memorandum apply to the application and plans provided for this review given in this recommendations may change in response to changes in the use d and such comments and construction of the project, or changes in the site, parking or utilitydesi' density, or timing of the designs. V Vl1J. 1. Improvement Survey -Survey needs to state nature of boundary. . features adjacent to property and manhole on property. Although line easements and label utility inscribed "sewer", the Sanitation District has informed us thatch the manhole lid on the property is to determine what the function is .of the manhole, and an appurtenant not theirs. The applicant needs so that it can be properl�r labeled on the improvement surveypP d chant underground improvements, architectural site plan indicates a bus stop and an electric a considered in the site design. The need to be indicated on the improvement survey. Is there a dra transformer that are not shown and that inane s�vaIe along Cemetery Lane? 2. Site Drainage - The existing City storm drainac-e infra st additional capacity to convey increased storm runoff. The site development system is does not have the requirement of meeting runoff design standards of the La elopment approvals must include Land Use Code at Sec. 2 and a requirement that the building permit application, include a �. 6.88.040.C.4.f size plan sheet or on the lot °i'adina drainage mitigation plan � �� b g plan) and a report signed and stamped b p (-gi x36 in the State of Colorado, submitted as part of the building a p y an engineer registered 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 Y the feasibility of this type system. Drywells may not be placed within utility e site, and foundation drainage system should be separate from storm drainage, must be detain be ced one to must be shown on drainage plans prior to permit drawings. The d�srate and the gpercolation existing landscaped areas if the drainage report demonstrates that ena retention volume meet the design storm. Drainage from the driveway is of special concern. 3. Sidewalk. Curb and Gutter - The development plans need to indicate a five foot wide able space with a five foot buffer for snow storage, where feasible: The applicant or to pedestrian us p needs to sign a sidewalk, curb and gutter construction agreement, and pay recordingproperty line and the issuance of a building permit. Note that there is insufficient space between The applicant licant should be existing edge of pavement for the pedestrian area along the entire fronedestrian area where needed. requested to, but cannot be required to, dedicate an easement for the p 4. Driveways -Maximum allowable width within public right-of-way is I & plus two 3' win driveway the The dy grades rades should be designed to anticipate the possible construction of sidewalk in future. ent - The applicant needs to convey an as -built easement, prior to certificate of 5. Parks Departm P c for an existing trail which will be reconfigured. The applicant needs to obtain a tree occupancy, removal permit from the Parks Department. Scrub oak trees are included in tree perms s. 6. _Housing Office - There needs to be a double door between the ADU and the house. 7. Utilities -Preliminary inf ormation from the City Water Department is that the manhole lid ;' that is on the property is a lid on a pressure reduc labeled seweing vault. An easement needs r he be convey ed for the vault and the waterline. This should be confirmed by the surveyor with t City Water Department. e lot line utility easements. bplanted in thements. Any landscaping in the vicinity o e No trees may p be the Holy Cr oss facilities in the public right-of-way, at the southerly corner of the parcel, must mature roved b Holy Cross. Because of the corner location, maximum height of plantibg ld ng errri t approved Y plantings may not exceed 42" above street grade. Any landscaping shown on t applied for with a P Y g permit process and must be separately pp application is not approved by the building p P working in the public right-of-way, also available at the Community Development permit for w b Department. 8. Fire Marshal If the area of the structure exceeds 5,000 square feet, sprinklers must be installed. The plans will be reviewed by the Fire Marshall at the time of application for a building permit. 9. Work in the Pub lic Right-of-wav - Given the continuous problems of unapproved work and in public rights -of -way adjacent to private property, we advise the applicant as development p follows: The applicant must receive approval from city engineering Improvements, including landscaping, within public ri_ (920-5080) for design of for vegetation species and for public trail disturbance,�hts of -way, parks department (920-5120) mailboxes ,street and alley cuts, and shall obtain permits and streets department (920-5130) for landscaping, within public rights -of --way from the city communityf °r any work or development, including ty development department. DRC Attendees Staff: Joyce Ohlson, Chris Bendon, Ed Van Walraven Russ ell Grance, Stephanie Levesque, John Krueger, Ross Soderstrom Applicants: Alice Brien, John Muir 99M52 I MEMORANDUM TO: Joyce Ohlson FROM: Sara Thomas, City Zoning Officer RE: Brien Residence Conditional Use for an ADU DATE: April 9, 1999 Lot 44, West Aspen Subdivision is a 15,734 square foot parcel located in the R-15 zone district. The following dimensional requirements apply to this parcel: Front yard setback Side yard setback Rear yard setback Site Coverage Open Space Height 25 feet 10 feet 10 feet No requirement No requirement 25 feet The majority of the parcel contains slopes in excess of 20-30% requiring that the maximum slope reduction be applied when calculating the permitted floor area. Floor than 25% due to slope, allowing for a perm area can be reduced by no moreitted floor area of 3408 square feet for this parcel. The proposed structure appears to conform with all setback requirements. Buildin height and floor area cannot be verified at this time as the application packet contains insufficient data for this level of review. All dimensional requirements will be verified at time of building permit application. APR 01 '99 10:52AM ASF£N HOUSING OFC P. .Housing.Office' City of Aspen/Pltkin County Aspen, Colorado 3161 1 (970) 920-505() Fax: (970) 920-5580 MEMORANDUM T4., Joyce Ohison, Community Development Dept. 'A r FROM: Ste crnie.A. Levaaque, Housing Q""m DATE; April 1, 1999 RE., Brien -- Lot 44, West Aspen Subdivision* ADU . F'�r�l did ado. . RE UE I'; The applicant is requesting approval far an accessary dwelling unit to be •located in ffia lQwer level of the main home. BACKGROUND: According to Section 28.40.090, Aixessraxir Dwel ng Unft, a unh shall contain riot less than 300 square feet .of net livable arMa and not more than 700 square feet of net livable area. tSSUP When the dousing Qf ice reviews piarz ivr an accessory dwelling unit, there are,particular areas that are given special attention. They are as foliaws: 1. The unit must -be a totally private unit, which means the unit must have a private entrance and there shall be no other rooms in this unit that :Seed to be utilized by the individuals in the principal residence; i.e., a mechanical room for tv principal residences. 2. The kitchen includes a m►nimum cf a tyx-burner stove with oven, standard sink; and' a 6-cuble foot refrigerator plus freezer. 3. The unit is required to have a Certain percentage of natural light into the unit; 'i.e., windows; slio<ng. glass door, window wells, etc., especially if the unit is' located below grade. Tire Uniform' Building Code requires that 10% of the floor area of a unit needs to have natutal light. Natural light is defined as light which is cfear and open to the sky. 4. Should the unit be used to obtain an FAR bonus, the unit MUST be rented to a qualified employee. 5. A deed restriction MUST be recorded PRIOR to building permit approval. The deed mtrictlon shall be obtained from the Housing Dice. �t�l[MENDATION: after revi_-Ning the application, the Housing .office recommends approval on the ' .condition tat issues 1-5 above, am met prior to building permit a.pprbval. Prior to C.Q. the Housing Office requires a site tors to inspect the unit, tr�ferratlbrier,adu ' Aspen Consolidated Sanitation District Sy Kelly * Chainnan John Keleher Paul Smith * Treas Frank Lousliin Nlichael Kelly * S ecy < Bruce Nlat erly, Nlgr APR 7 1999 April- 5, 1999 Joyce Ohlson - Community Development 130 S . Galena Aspen, CO 81611 Re: Brien ADU Dear Joyce: The lot referred to in this application is located within the District's service area. There are no sanitary sewer facilities located on this particular lot. The location of the District's system has been faxed to Ross Soderstrom of the City engineering department. The nearest public line is located in the intersection of Snowbunny and Cemetery Lanes. Service to the property is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. Once detailed plans are available, a tap permit can be completed at our office which will estimate the total connection charges for the development. We would request, as a condition of approval, that a tap permit be completed and the total connection fees be paid prior to the issuance of a building permit. Please call if you have any questions. Sincerely, Bruce Matherly District Manager 565 N. Nlill St.,Aspen, Co 81611 / (970)925-3601 / FAX (970) 925-2537 MEMORANDUM TO: Joyce Ohlson, Deputy Director Community Development Department FROM: John D. Krueger, Trails Coordinator, Parks Department RE: Brien Residence conditional use for an ADU DATE April 25,1999 Upon review of the application the Parks Department offers the following comments: The Parks Department would like to thank the applicant for granting a trail easement to provide access to such an important piece of open space as the Red Butte parcel. The Parks Department has pledged to work with the applicant on the design and location of the trail as defined in the trail easement agreement. The proposed trail alignment as represented on the landscape plan may change within the easement area depending upon the applicant's final landscape plan. It is important to note that it is critical for the trail to reach the Red Butte property via the defined easement area, which could take the trail as high as the 78 1 0-elevation line on the property. It is also, important to remind the applicant, as stated at the DRC meeting, that there is potential for another trail along the front of the property that would be part of a trail up and down Cemetery Lane. EXHIBIT C NMI PVT �, Em a Mld� kl% a 04 MEMORANDUM To: Planning & Zoning Commission and Historic Preservation Committee From: Lee Novak, Project Manager Subject: 7`h and Main Street Affordable Housing Project Date: April 26, 1999 Summary: The purpose of this memorandum is to provide background information on the proposed 7`h and Main Street affordable housing project. Housing Office staff will be presenting further information at a worksession on May 4. The goal of which is to solicit input on the two proposed design alternatives. This information will be forwarded to Council to help them decide which design to place into the conceptual approval process. Background: Studio B architects has been working with Housing staff to create two alternative designs for the 7`s and Main Street site. Much of the guiding information for these designs comes from earlier worksessions held with HPC, P&Z, the Housing Board and City Council. On both plans the units are entry level studios and one bedrooms that we expect to sell in category 2 and 3. Due to the difficulty of managing small rental projects and the demand for sale studios and one bedrooms, none of these units will be rentals. These two alternatives provide very different approaches to the site. It is our goal to obtain your in ut on these designs and to forward that information to Council to help them make their decision. p Scenario A The goal of scenario A was to achieve a high density residential site with a neighborhood commercial component that was not required to meet one parking space per unit. The scenario achieves 12 one bedroom units, one studio unit and a 650 square foot commercial space in three separate structures. The one bedroom units range in size from 550 to 680 square feet. The studio unit is 570 square feet. These units do not exactly comply with the minimum net livable square footage outlined in the Housing Authority Guidelines. The Guidelines require 400 s.f. for a category 1 or 2 studio and 500 s.f. for a category 3 or 4 studio. One bedrooms must be 600 st for categories 1 and 2 and 700 s.f, for categories 3 and 4. The Guidelines state that these requirements may be reduced by the Housing Authority if they meet standards of livability, provide common storage or amenities. Staff believe that the size of the proposed units can be very comfortable with their efficient layout. The three story building closest to the corner of 7 h and Main also includes a 1,400 square foot basement which will house shared mechanical systems for the project and will provide at least 100 square feet of storage space for each unit. The three story structure contains five one bedroom units and the commercial space. This building exceeds the 25 foot maximum height by five feet. The two story building on Main Street will have four units. The height which is under the 25 foot limit and the design of this building provides a step down to the height and scale of the neighboring building. The alley building will have five parking spaces on the ground level and four units above. The height of the alley building will not create a canyon effect when placed next to the existing West Hopkins project. The architectural elements are meant to reflect the*historic nature of the neighborhood, but they are not cartoon Victorian. As such the traditional forms are combined in a more playful manner. With the creation of the new entrance to Aspen, this building will be the first structure seen when entering town. It is hoped that this building will serve as a strong beginning to the datum of Main Street. This scheme only provides 5 parking spaces for the project. While this site is perfect for transit oriented development (it is one block from an existing bus stop and is the site of a proposed rail stop), staff understand that people will very likely own automobiles. Staff are examining a variety of options for dealing with parking needs. No one of these options is the answer, but some combination may work best. One alternative include selling units that provide no on -site parking and do not allow the resident to obtain an on -street permit. A second alternative is to charge an additional price for the on -site spots. These funds will be used to purchase spots at Benedict Commons that non-paying tenants could use as remote parking. Currently, spots are available at Benedict Commons. The third alternative is to use the street resource. Currently, in the two block area between 5 h and 7`h Streets and Main and West Hopkins Streets there are 204 parking spaces serving 63 dwelling units and four office buildings. If rail is built all of the spots on Main Street and the spots on 7 h between the alley and Main Street will be eliminated. This would still provide 174 spots for the area. A final parking option is to pursue long term remote parking at the Truscott location. Staff have not sufficiently analyzed the feasibility of that alternative. Staff have included a 650 square foot neighborhood commercial element in this design. This is not expected to be a stop off on the drive down valley. Instead, it is intended to serve as a pedestrian focused resource for residents of that part of town. Besides reducing vehicle trips by allowing nearby residents to walk over and grab that forgotten loaf of bread or jug of milk, the store will also serve as a meeting place for neighborhood residents. In doing so, it will hopefully increase community bonds and help create a sense of place. Staff is not sure whether a commercial space of this size with such a limited mission can or will be commercially viable, but it's worth may need to be judged by more than revenue gained or the subsidy required to make it work. Some Housing Board members have expressed concerns about using any space that could be housing for another use. They have also expressed a concern about using public funds to create commercial growth and that creating commercial growth adds to the housing gap. Scenario B The goal for scenario B was to maximize density while meeting height limitations and parking at one space per unit. Commercial was not a goal of this scheme. Scenario B achieves nine one bedrooms in three two story structures. The units range in size from 660 square feet to 730 square feet. There is also a 1460 square foot basement in the building closest to the corner of 7 h and Main Streets. Heights are under the 25 foot maximum. The architecture in this design is somewhat more tame than that of Scenario A. It emphasizes a more traditional combination of shapes and proportions. The largest building will have six units under three gables. These are shotgun configuration units. The building next to it on Main Street will have two units in a two story setup. Only one unit is planned for above the parking area. This unit will have excellent sun with its sawtooth roof configuration. This design is parked at one space per unit. While expected occupancy is approximately 1.75 persons per unit, more parking would greatly diminish our ability to provide sufficient housing on the site. Sufficient guest parking is available in the surrounding neighborhood. Neighbors -especially those at the Villas- have expressed concerns about insufficient parking. Since only nine units are included in this plan, there is no commercial component included in this design.. Balanced with Housing Board concerns, staff feels that replacing one of these units with commercial would not be the best use of square footage. Discussion: ide us with comments that primarily concentrate on the Staff hope that HPC and P&Z members can prov issues that they will review. That is, that the P&Z will focus on land use issues and that the HPC will focus on design issues. Still, any input beyond these areas will be helpful in improving the product that we provide to the community. The main issues to focus on are: the height variance for scenario A, parking, the inclusion of neighborhood commercial, and how the design works with the neighborhood. MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Sarah Oates, Planning TechnicianSO RE: 2 Williams Way, Addition to the Historic Sites and Structures Inventory DATE: May 4, 1999 SUMMARY: Per City Council's request, the Community Development staff is seeking to place 2 Williams Way on the inventory of historic structures. The property is not currently on the inventory because it was annexed in 1992 and the last comprehensive update of the Historic Sites and Structures Inventory was in 1991. The original portion of this house, which is located at the corner of Spruce Street and Williams Way and stands on the west side of the property, was built in the 1880's by the Warkentine family. The structure is included on the 1896 Willits map. The east side of the house dates from the same era, but was moved to the property from its location on Main Street in the 1960s. The two structures have an adjoining section. The house is currently used as a duplex. The west side of the house, although in its original location, has been significantly modified with triangular windows in the gable. Nonetheless, the building has retained its original shape and character. Although not in its original location, the east side of the house has retained its historic integrity due to details such as verge boards and designs in the gable. A barn and outhouse that were located on the property no_ longer exist. HPC reviewed and recommended approval for the addition of this site to the Historic Sites and Structures Inventory by a vote of 7-0 on April 14, 1999. APPLICANT: City of Aspen LOCATION: 2 Williams Way. PROCESS: The following paragraphs are excerpts from the Land Use Code which are to be utilized in evaluating additions of resources to the Inventory. Staff has prepared responses to these standards to assist the Planning and Zoning Commission in its findings regarding 2 Williams Way. HISTORIC SITES AND STRUCTURES INVENTORY Section 26.76.090, Establishment of inventory of historic sites and structures. Intent: Fifty (50) years old is generally the age when a property may begin to be considered historically significant. It is not the intention of the HPC to include insignificant structures or sites on the inventory. HPC will focus on those which are unique or have some special value to the community. Response: The structure, both its original building and the portion of the house moved to the property, meet the criteria for being more than 50 years old. Although significantly altered from its original state, the structure has maintained its historic integrity, and is unique because of its location in relation to the original townsite and other historical buildings. The east end of the city contains rare examples of remaining Victorian homes, many of which are more modest than the buildings seen in the West End. 2 Williams Way is all that remains of a neighborhood that can be seen in a c.1893 photo taken from Smuggler Mountain. Further, the isolation of the structure from other existing Victorian homes in the east end makes 2 Williams Way a unique setting. Section 26.76.090(c), The HPC evaluation process is as follows: Structures on the inventory shall be categorized as to whether or not they are historic landmarks. No further action need be taken with respect to historic landmarks. All structures which are not historic landmarks shall be evaluated by the HPC as to their current architectural integrity, historic significance and community and neighborhood influence and categorized accordingly, as follows: A. Significant. All those resources which are considered Exceptional, Excellent, or those resources individually eligible for listing on the National Register of Historic Places. All structures or sites within the City of Aspen, which are listed on or eligible for listing on the National Register of Historic Places shall be reviewed according to the "Secretary of the Interior's Standards for Rehabilitation" in addition to the review standards of Section 26.72.010 and 26.72.020. Response: The structure does not meet this standard. B. Contributing. All those historic or architecturally significant resources that do not meet the criteria for Significant; provided, however, these resources have maintained their historic integrity or represent unique architectural design. 2 Response: The structure does not meet this standard. C• Supporting. All those historic resources that have however, are "retrievable" as histori received substantial alteratic structures or lost their original integrity, ons over the ears sites). These structures have could be considered Contributing once again.' however, with substantial. effort Response: The structure qualifies as a Supporting historic structure that is original to the site has been significantly alter resource. Although the historic qualities. Further, the fact that the east portion of t etr the structure still retains he the property remains intact and has maintained its historicstructure that was moved to unique location of structure, creates the potential for the ro te�tY, coupled with the p p rty to become Contributing. RECOMMENDED MOTION: " I move to recommend approval of adding 2 Williams Way to the Historic Sites and Structures . et Invent finding that the criteria for a Supporting structure has been met.to City Council, " Exhibits: Resolution No. , Series of 1999 Exhibit "A" - Current photograph of property Exhibit "B" - Historic Architectural/Building Structure F Exhibit "C" - Vicinity Map orm 3 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION i RECOMMENDING THE ADDITION OF 2 WILLIAMS WAY, SOUTHEAST/4 TO OF SECTION 79 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6 PM, TH E HISTORIC SITES AND STRUCTURES INVENTORY RESOLUTION NO.99- I 0 the applicant, the City of Aspen, represented by the Community t 2 WHEREAS, Pp located a Development Department, has requested the addition of the property 84 West of the 6`'' PM p Williams Ways Southeast 1/4 Section 7, Township 10 South, Range to the Historic Sites and Structures Inventory; and Oates City Planning Technician, recommended approval of the the WHEREAS, Sarah in her memo to addition of the property to the Historic Sites and Structures Inventory plying and Zoning Commission of May 4, 1999; and c Preservation Commission voted to recommend approval of the WHEREAS, the Historic b a 7 to 0 vote addi tion of 2 Williams Way to the Historic Sites and Structures Inventory y on a regular meeting held April 14, 1999; and WHEREAS, alpp 1 a lications for addition to the Historic Sites and Structures InventorHistoric meet th e following standard of Section 26.76.090, Establishment of Inventory o Sites and Structures: May Intent: Fifty (50) years old is generally the age when a property Mayg in to be tobe dude co nsidered historically significant. It is not the intention of the insi nificant structures or sites on the inventory. HPC will focus on those which g are unique or have some special value to the community. Tannin and Zoning Commission reviewed and recommended WHEREAS, the Aspen P g approval of the addition of the property to the Historic Sites and Structures inventoryo on Ma 4, 1999, finding that the above standard is met and approved roved the request w ith conditions by a vote of — to ,_.__, NOW, THEREFORE, BE IT RESOLVED: in and Zoning Commission recommends Council approve the 10 That the Aspen Planning Southeast'/4 Section 7, Township addition of the property located at 2 Williams Ways . South, Range 84 West of the 6`h PM to the Historic Sites and Structures Inventory. APPROVED b the Commission at its regular meeting on May 4, 1999. APPROVED AS TO FORM: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk PLANNING AND ZONING CONVIlVI[SSION: Bob Blaich, Chair Lxhi b;t " all HISTORIC ARCHITECTURAL BUILDING/STRUCTURE FORM State Site Number: Photo Information: Local Site Number: 0002.WW Township 10 SQ11th, Range 84 .. We_at Section 7 USGS Quad Name A C!T-)-n . - Year 1-9eo Building or Structure 7.51 151 Name: Full Street Address: 000 2. Milli-am's Way Legal Description: SW 144—Qf—S-ection 7., Towns 6th P.M. th City pin n County Historic District/Neighborhood Name: Nnne Owner: Private/State/Federal T,%---! -- Owner's Mailing Address: -2 William's war ARCHITECTURAL DESCRIPTION Building Type: Resi(jpntial Architectural Style: Minp-rls r t E,thp--r Dimensions: L: _ x W. --'= Square Feet: Onl t 199survey) I e V) Number of Stories: I '7 - Building Plan (Footprint, Shape) Pa iwin J de a and ga A e two para s gab Wi t-� t-nCrP-t-h(--r in -Lat2_19c;o SP- joi s 0 19 6 Os Landscaping or Special Setting Features: ari d ng thp rom nthp-r r i (- hnil Iq vp-ral l- trees are ed f (off on t- r Associated Buildings, Features or Objects Describe Material and Function (map number / name): no exist: b to hf- oilthnijsp- 11sed For the following categories include materials, techniques and styles in the description as appropriate: Roof: woad S11in_q •vc_ hoa rcrt= _ rd in Bahl e end on P- Walls: wond fr Foundation / Basement: Chimney (s): no chimney visible Windows: nla i n 1 4 1----4- Doors : crl;;7.,- rl -!-- — Porches: I ara(-- f -rnnt Dnrrh: COVP--r-q -n i- -F . . hnilse Col vp-,r I Front- of tt of the west q sllj:�Dnr turned Spindles Page 2 of 3 State Site Number Local Site # 0002.WW W6,st 1p rt of bc)usp was 'hiii It in General Architectural Description: 111gip- shnws up the.. IR96 metal U 40 oo's V §0110111111 Fil- Q• - lings side nf the hQ s e h as more tht- house, FUNCTION ARCHITECTURAL HISTORY Current Use: gegidgnti I- (C3111alex) Architect:— none Original Use: Intermediate Use: Builder: unknown — Construction Date: 1880's- Actual X Estimate __Assessor Based On: style - MODIFICATIONS AND/OR ADDITIONS Moved X Date * Minor * Moderate * Major East side rent house Describe Modifications and Date: Lagr-at . sting structure; si�jnif�ca 17-n the -,Jre and in -el A ted date mndificatinns Jnr-TudJng---=J-angU1aX--XL of house is late ic)sQs or early 19ED-S-- Additions and Date: see above 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 Kp Local Rating and Landmark Designation Significant: Listed on or is eligible for National Register Contributing: Resource has maintained historic or architectural integrity. _X 0 supporting: original integrity lost due to alterations, ' however, is "retrievable" with substantial effort. Locally Designated Landmark Page 3 of 3 Justify Assessment: Associated Contexts and Historical Information: State Site Number Local Site Number Other Recording Information house Records.; Specific References to the Structure/Building: Pitkin County Court- r�i�;ila�c�ic�g�ca1 eotential: Y (Y or N) Justify: other st.r>>rturPe on jz�roj2e-,rty have been rpmoved; 1i_.e. animals k x2t on site) Recorded By: Sarah Oates, Planning Technician _ Date: February 9. 1999 Affiliation: Amen Historic Pr servat-i nn Commissioni ter v o pen Project Manager: Am��thr, r HistnriPr servt- aion Officer/P1 nner 4r-�fklb'lt 11 C, qw 2WilliamsW tF7-1 ■ ,�I MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Director of Community Development FROM: Joyce A. Ohlson, Deputy Director of Community Development RE: Lot 44, West Aspen Subdivision, Conditional Use for an Accessory Dwelling Unit (ADU), and Variance from the Residential Design Standards Public Hearing. Parcel ID 2735-012-310001 DATE: May 4, 1999 SUMMARY: The applicant is requesting Conditional Use approval to construct an Accessory Dwelling Unit (ADU). The applicant owns Lot 44 of the West Aspen Subdivision and intends to construct a single-family residence with a corresponding ADU on what is now a vacant, approved lot. The proposed ADU would be connected to the primary residence at basement level; however, with walk -out and above grade components to the ADU. By providing the ADU, the applicant would obtain a GMQS Exemption, enabling the property owner to construct the new residence in accordance with City Land Use Regulations. The applicant is also seeking variance to the Residential Design Standards (Ordinance 30) for two design features. One variance request is to the "garage placement" standard which requires that garages parallel to the street be recessed 10 feet from the front fagade. The other request is a variance to the "volume" design standard which doubles the floor area calculation of any room where exterior plate heights are located between nine and twelve feet above finished floor. Community Development staff recommends that the Conditional Use for the ADU be approved, subject to conditions. With regard to the Residential Design Standards, staff recommends approval of the "garage placement" variance, but denial of the volume variance. APPLICANT: Alice M. Brien, represented by John Muir of Galambos/Muir Architects LOCATION: Lot 44, West Aspen Subdivision. Generally, the property is located in the northwest corner created by the intersection of Cemetery Lane and Silver King Drive. ZONING: Moderate Density Residential (R-15) CURRENT LAND USE: The subject property is presently undeveloped and was approved in 1968 by Pitkin County as part of the West Aspen Subdivision. An undeveloped trail is located across a portion of the property from which access is gained to Red Butte. LOT SIZE: The subject property is 15,734 square feet in size. ALLOWABLE FAR: The lot has an allowable floor area of 3,408 square feet. The R-15 zone requires a minimum lot area of 15,000 square foot per dwelling unit. ADUs do not count as units of density. PROPOSED LAND USE: Single family dwelling with attached Accessory Dwelling Unit. REVIEW PROCEDURE: Accessory DwellingUnits (ADUs) require conditional use approval by the Planning and Zoning Commission at a public hearing. It is a one-step review that requires notification to be published, posted and mailed in accordance with Section 26.52.060(E). The following sections of the code are applicable to this conditional use review: Section 26.40.090, Accessory Dwelling Units; Section 26.28.050, Moderate -Density Residential (R-15); Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section 26.58.040, Residential Design Standards. Community Development Department staff reviewed this proposal against the Residential Design Standards and found that the submitted development application for the residence and ADU complies with the exception of the "garage placement)) and "volume" standards. The volume standard variance request applies to both the east and south elevations, first and second floors, as illustrated on Sheets A2.1, A3.1, A2.2, and A3.2. of the applicant's submittal, Exhibit A. The Commission will serve as the DRAC when evaluating this request. BACKGROUND: The subject property is a vacant lot located at the toe of the southeast slope of Red Butte. The parcel serves as the foreground of a significant view from the Cemetery Lane area up to the ridge of Red Butte. Significantly steep slopes are found on the site necessitating the maximum 25% reduction in floor area for this development. The proposed floor area incorporates this reduction factor. The site constraints strongly dictate the area that is suitable for development and to a large extent, the 3-floor, stepped back design of the structure. As noted earlier, a primitive trail crosses a portion of the property providing a point of access to the Red Butte Open Space, a City -owned property. No formal easement over this trail has ever been in place for the use of this trail by the public over private property. The property owner has willingly worked closely with the City of Aspen Parks Department to determine a suitable relocation for the trail. Furthermore, the property owner has entered into an agreement with the City to provide a perpetual trail easement and right-of-way for public use. The easement agreement stipulates that the desirable and exact trail location will be determined by the Parks Department, surveyed and then the easement document will be finalized. Additional and specific language regarding the dedication of the easement is put forth in a signed and recorded document between the City and property owner, Alice Brien. While the location is not finalized, preliminary evaluation by the Parks Department indicates that the location of the proposed residence will not impact the future trail and is therefore not at issue. REFFERRAL COMMENTS: Comments from the City Engineering, Housing, Zoning, and Parks Departments as well as the Aspen Consolidated Sanitation District and the Aspen Fire Protection District are contained within this report as Exhibit B. Where appropriate, many of the comments have been utilized as conditions in the proposed resolution. STAFF COMMENTS: Section 26.40.090, Accessory Dwelling *Units The proposed ADU would contain approximately 370 square feet of net livable area. The ADU would be deed restricted, meeting the housing authority's guidelines for resident occupied units, limited to rental periods of not less than six (6) months in duration. The owners of the principal residences will retain the right rates and select a qualified employee(s) of his/her choosin in theirr A to set the rental street parking space will be provided on -site for the AD g ADU. One (1) off - same driveway serving the principle dwelling. Therefore, ADU, and roll be accessed from the requirements of Section 26.40.090(A)(1). proposal complies with the Pursuant to Section 26.40.090(A)(2), the development, includingthe ADU, is all of the dimensional requirements of the underlying zone districtsubject to Residential (R-15). All of the dimensional requirements will be m' Moderate -Density associated with floor area, height, site coverage, and setbacks. et, including those Since the ADU would be attached to the primary residence, Section not applicable. Section 26.40.090(A)(4) states that "an attached accessory 90.090 dwelling ung u is shall utilize alley access to the extent practical." No alley exists to s ry is property which makes this section not applicable as well. erve the subject Section 26.40.090(8), Development Review Standards, development be compatible with and subordinate n character to e primary residence that "the proposed located on the parcel as well as development located within t the assuming year-round occupancy, shall not create a densityneighborhood, and established neighborhood. The proposed ADU would not e overtly e inconsistent with the external appearances, as it has been designed to appearas partistio distinct in terms of residence; thus, it will be compatible with and subordinate in character the primary residences. This property is located in an established residential neighborhood the primary for the most part, made up of single family residences, man of which hood which is, than what is proposed on the subject y are greater in size neighborhood. The proposed ADU will be compatible Other ADUs are located in the neighborhood and will not create a densitythe character of the existing established in the area. pattern incompatible with that already Section 26, 60, 040, Standards Applicable to All Conditional Uses Pursuant to Section 26.60.040, a development application for a conditi shall meet the following standards: oval use approval (A) The conditional use is consistent with the purposes, goals Objectives standards of the Aspen Area Comprehensive Plan, and with the intent f nd zone district in which it is proposed to be located, the The stated purpose of the R-15 zone district "is to Provide Purposes with customaryaccessory uses. Recreational areas an long term residential customarily found in proximity to residential uses are included as conditional uses. uses in the Moderate -Density Residential (R-15) zone district typicallyconsistuses. Lands the Aspen Townsite and subdivisions on the periphery of the city. of posed ADU .. " Theadditions to would be in harmony with the purpose of the R-15 zone district since the ADU would provide for long-term residential use (or customary accessory use) and Proximity to transit (a bus stop is located on the Cemetery Lane frontage o t in close property). ADUs are allowed as conditional uses in the R-15 zone district. f the subject One of the stated themes of the AACP with re and to It revitaliz community" is to "increase resident housing." Also, the proposal is icon the permanent following purposes, goals, objectives and standards of the AACP: sistent with the • "Promote, market and implement Cottage Infill and Accessory ry Dwelling Unit Develop small scale resident housing which fits the character of the community and P is interspersed with free market housing throughout the Aspen Area and up Y of Aspen Village;" and, should develop . . . employee -occupied identified chieve the "The public and private sectors togetherunmet need to sustain a critical accessory dwelling units, to a mass of residents." ditional use application for the ADU complies with Section Staff finds tha t this con 26.60.040(A). (B) The conditional use is consistent and .compatible with the ch�rsctBound"ng r of the immediate vicinity of the parcel proposed for development enta uses and activities in land uses, or enhances the mixture of d for�development. the immediate vicinity of the parcel proposed The subject parce l is surrounded by residential uses, some of which have a associated with accessory dwelling units, making the proposed ADU both consistent evelopmnd compatible nt on the the existing residential development in the immediate lots in a large, established residential subject property, one of the last undeveloped subdivision, really constitutes infill of a like use and density. Also see the last paragraph of the Section 26.40.090, Accessory Dwelling Units portion of this memo, above (C) The loc, ation size, design and operating characteristics of the t proposeda i conditional use minimizes adverse effects, including visual pactdelis i m noise, on pedestrian and vehicular circulation, parking, trash, vibrations and odor on surrounding properties. As mentioned earlier in this memo, the proposed ADU would appear as part of the prp inci al residences; thus, its location, size and design will impacts are minimize acts any potential opened. adverse visual impacts. No noise, vibration, nheror related residence or ADU found in the The proposed ADU would operate like any o anticipate impacts should be negligible. During the course the of neighborhood. TheP ortunit for enclosed storage review of the plans, staff has identified a the basement floor plan. By moving the residence/ADU structure. Plan A provides suite door back from the ADU so that it would enclose the area below the f�oa'thenADU that area under the stairway could provide secured and private ri thee likerage lihood hood r outdoor resident. Indoor storage would be practical and minimize storage and its potential impact on the neighborhood. (D) The re are adequate public facilities and services to serve th e►conditional /rks, use including but not limited to roads, potable j /services, hospital and medical police, fire protection,systems, schools. services, drainagey There are ad equate public ublic facilities and services to serve the proposed uses. The residences would be within an existing, well -established neighborhood. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. of the ADU would not generate an increase ect in e While the proposed development an ADU which, pursuant to employment base, the applicant will be supplying 26.40.090(A)(1), wi ll be deed restricted, registered with the housing office, and less than six for ren tal to eligible working residents of Pitkin County for periods of not 4 months in duration, thereby serving the need for increased affordable hous' of Aspen. in in the City (F) The proposed conditional use complies with all additil on it by the Aspen Area Comprehensive Plan and by a# other standards a imposed requirements of this title. pplicable The proposed conditional use will comply with all additional standards imposed the AACP and by all other applicable requirements of the Municipal Code such s it by contained in Section 26.58.040, Residential Design Standards, unless varianc those granted by the Commission. es are Section 26.58, 040, Residential Design Standards The design for the proposed residence was reviewed b staff Design Standards of Section 26.58.040. Staff found the proposed designs tonst the comply with all but two of the design standards, namely standards 26.58.040(F)(4),to comply Carports and Storage Areas, and (12), Volume. Garages, Re: Garages, Carports and Storage Areas As it applies to this application, this standard requires that all portions of a carport or storage area parallel to the street be recessed behind the front fagade a minimum of ten (10) feet. If a variance is to be granted, it would have to be*b o one of the following three criteria: ased on (a) the proposed design yields greater compliance with the goals of Community Plan, or, g the Aspen Area (b) the proposed design, more effectively addresses the issue or problem the standard responds to, or, given (c) a variance is clearly necessary for reasons of fairness related to unusual specific constraints. site The site is a unique triangularly shaped lot and possesses steep slopes. Given constraints, the proposed location and orientation of the garage lend themselves better to minimizing impacts through less cutting of the natural slope. If the garage wereter back on the site the result would be a steeper driveway and greater cut. n ad further location of the garage serves as a first "step" in the stepped addition, the residence. This steppedAped back design of the back layout seems to better utilize the site instead of an arrangement that would orient the residence more horizontally across the slope. The orientation of the garage is such that the garage doors face toward the southeast not directly face the street. This orientation moves away from the prototypical suburban and do residential setting which was one of the intents of the garage placement s standard. ur feels that the garage location variance is both necessary due to unusual site co Staff and is a more effective method of addressing the garage placement issue criterion b and c. Staff recommends the garage variance be granted. ion Re: Volume This standard requires that windows in any areas that lie between nine 9 and twelve (12) feet above the height of the floor plate, and non -orthogonal windows in a that lie between nine (9) and fifteen (15) feet above the height of the floor late nr areas a doubling of the floor area calculation for the respective room. p re in The proposed desig east and south elevations. The east elevation as depicted n for the residence contains ,volume" standard violationo ses two oPlap o deviations from the window standard. Tie rar small nature and The other east o are found along . the toof the square dormer and arched windows, ,_ Plan A3.2 and comprises at least a third of the specific window elevation is depicted on deviation from the a anwil tnarea, creating a substantial dl be quite visible. On the south Cemetery Lanend residence and ADU faces toward windows and the set of three arched elevation, about half of the small square dormer: Given the plans provided windows above the balcony doors exceed the standard. (Note footage of by the applicant, it is difficult at this time to calculate the exact square and presentation materials from the nonconformity.) Staff has requested amended plans do not comply. In Exhibit A, applicant that clearly illustrate the specific areas thatnot in Applicant's Plans, staff has highlighted the window components that are conformance with the standard. Under the language of the volume penalty, the applicant has three (3) options once it is determined that the proposed design does not next,firstl the applicant can choose to tandard; the applicant can appeal staff's redesign the proposal to comply with, the sriate board; lastly, the finding to the Design Review Appeal Committee or other approp applicant can choose to accept a floor area penalty which would double the calculation of floor area in those spaces visually accessed though �anninn fgdows. his finding to the Pg and Zoning Commission in applicant has chosen to appeal staffbased an attempt to obtain a variance. If a variance is to be granted, it would have to be ba on one of the following three criteria: (a) the proposed design yields greater compliance with the goals of the Aspen Area Community Plan; or, (b) the proposed design more effectively addresses the issue or problem the given -ponds to; or, standard responds (c) a variance is clearly necessary for reasons of fairness related to unusual site - specific constraints. to the Residential Design Standards, the According to the pending 11 revisions purpose/intent of the ,Volume standard "is to ensure rov'de idential building has street -facing architectural details and elemeichphuman scale to the facade, enhance the walking experience, and reinforce local building traditions." Although pending code amendments do not hold any force in the review of current applications, staff felt this information might be helpful in understanding the issues/concerns that the volume standard attempts to address. Staff evaluation of the proposed design does not yield a finding of greater compliance with the Aspen Area Community Plan. If the requesteovosedcdes e justii, itwould need to be on the grounds thstanda pp ign more efficiently rd responds to, or is necessary for addresses the issue or problem the given following paragraphs reasons of fairness related to unusual site specific constraints. fhediscuss the requested variances relative to the variance standas. Staff does find that there are unusual site -specific constraints associated with the , these constraints do not necessarily make it unfair, impractical or prooss erty;however Due to the ertif ped back impible to comply with the volume standard. es up the slope of the property, the taller layout of the residence and how this layout mOv stature of the window arrangements may even add to the perception of height and s layout, including proposed development. In the context of the neighborhoodtoward meeting this criteria or , this specific the window arrangement, does not move the development 2 the criteria having to do with more effectively addressing the i standard responds to. It is possible to develop within the exact letter or problem the standard as put forth in the Code. ter of the "Volume" Hence, staff believes the applicant should be held to the letter of redesign the elevations or accept the floor area penalty for the tcorhe r corresponding and either spaces. esponding internal STAFF FINDINGS: Based upon review of the applicant's land use application and the referral comments, Community Development staff finds that there is s to support the Conditional Use request with conditions. With the r nt information conditions of approval, the proposal meets or exceeds all standardsthe recommended review of Accessory Dwelling Units as conditional uses. With regard applicable to the Design Standards, staff believes the requested g to the Residential criteria b and c, but the circumstances do not warrant p Positive finding" variance meets order to grant the "volume" variance. The applicant does have the 9s of the criteria in window elements to comply with the letter of the volume standard option to redesign the moving forward on the residence and ADU. without compromising RECOMMENDATION: Community Development staff recommends Use request for an Accessory Dwelling Unit and the Variance to the that the Conditional the garage placement only, on Lot 44, West Aspen Subdivision be De Standard for following conditions: approved with the 1.) The building permit application shall include the followin in a submittal requirements: g ddition to normal a) a signed and recorded copy of the Planning and Zoning Commission outlining the granted approvals and conditions, and on the cover sheet of Resolution permit plan set and all other prints made for the purpose the building language of any and all conditions of approval; p p of construction, the ) a signed and notarized letter from he contractor in approval are known to and understood by him/her; indicating that all conditions of c) working drawings to verify compliance with all applicable requirements;dimensional d) plans for all utility meter locations; locations must be accessible may not be obstructed; for readings and e) a current Site Improvement Survey indicating the nature of all record indicated on the property title commitment; easements of 0 a copy of the recorded plat showing Lot 44, West Aspen Subdivisi 9) a $50 fee in lieu of digital submission requirements; on, h) a completed and recorded sidewalk, curb and gutter construction an agreement to join any future improvement districts for the purpose of construreementcting and improvements which benefit the prosperity under an assessment form nstructing i) a completed and recorded ADU deed restriction on the property,a la. may be obtained from the Housing Office. The deed restriction beono rm for which building permit plans. noted on the j) a storm drainage report and mitigation plan, including permanent erosion control, water runoff, sediment control contaminant control aad temporary components (24" x 36" size plan sheet or on the lot grading plan d retention Colorado licensed Civil Engineer which addresses pre-, post- and during prepared by a conditions and in accordance with Section 26.88.040 C 9 construction ( )(f) of the Land Use Code; or re -charge e drainage system is ) k indication of whether a ground injection report establishing percolation rates will proposed (i.e., dry wells) and if so, a soils rep need to be included; I) indicate that drywells will not be permitted within utility easements; ans th ndation drainage m) indicate through the above -referenced drainage p systems will be detained on site; n) a tree 're moval or relocation permit from the City Parks Department for any trees to be removed or relocated; nt to join any future improvement n� dad scent may o) an executed copy of an agreeme be formed for the purpose of constructing improvement 1 which y public rights -of way; and permit with the Aspen Consolidated Sanitation p) a completed and approved tap p the ADU to the sanitary sewer in a manner district. The applicant shall connect acceptable to the ACSD superintendent. 2.) The building permit plans shall reflect/indicate the following in addition to normal submittal requirements: a. conforman ce with all aspects of the City's Residential Design Standards unless specific variance has been granted; b. that the proposed ADU is labeled as such and meets with the definition of Accessory Dwelling Unit; c. that the ADU wi ll contain a kitchen having a minimum of atwo-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus space provided. The d. that the ADU has the minimum one (1) off-street parking ADU space mus t have clear access and cannot be stacked with a space for the primary residence; e. that the ADU meets all applicable UBC requirements for light and air f. that the roof is designed to prevent snow and ice from falling on, or building up on, the entrance to the ADU; g. that the A pl an lan is amended to provide for a private and secure locationtor ghat the for the ADU by moving ae area the basement level tfle ADU; r to a space under the stair landing may be part of.themust be h. conformance wit h the City's requirements for driveways. Drivewaysd must be P se arated by 25 feet or more (including neighboringldrThe C ty, Engineer may an paved from the edge of the street to the property approve paving alternatives; i. afire suppression system if the gross square footage of the structure tnecessaryto because of 5,000 square feet or if determined by the Fire ohosed driveway. fire and emergency access constraints able s acepwith a five (5) foot wide buffer for j. a five (5) foot wide pride ofian the street paving. snow storage at the edge 3.) The applicant should provide separate utility taps and meters for each residential unit. and an new utility pedestals or transformers must be tssmust be on 4.) All utility meters a y Easements the applicant's property and not in any public dd right-oeasements must be delineated and provided for pedestals. All utility locations aMeter locations must be accessible for described on the site improvement obstructed. ucted survey. reading and may not be g 5.) The applicant must receive approval for any work within the public right -of way from the ' appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 6.) All construction vehicles, materials, debris shall be maintained on -site and not within public rights -of way unless specifically approved by the Director of the Streets Department. The applicant shall inform the contractor of this condition. 7.) The applicant and contractor shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 10 p.m. 8.) Prior to the issuance of a Certificate of Occupancy, the applicant shall permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval. 9.) The proposed design has been granted a variance from Section 26.58.040 F 4 of the Residential Design Standards, Aspen Municipal Code. All other requirements of the Residential Design Standards shall be complied with. 10.) Before applying for a building permit, the applicant shall record this Planning and Zoning Resolution, and pay the associated fee, with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. The applicant may utilize the City Clerk for this recordation process upon payment of recordation fees. 11.) All material representations made by the applicant in the application and during the meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise addressed by other conditions. 12.) If the proposed use, density, or timing of the construction of the project change or the site grading, drainage, parking or utility plans for this project change subsequent to this approval, a complete set of the revised plans shall be provided -to the Engineering and Community Development Departments for review and re- evaluation. 13.) Prior to issuance of any building permits, a review of any proposed minor changes from the approval, as set forth herein shall be made by the Community Development and Engineering Departments, or referred back to the Planning and Zoning Commission. RECOMMENDED MOTION: "I move to approve the Conditional Use allowing an Accessory Dwelling Unit and to approve a Variance to the Design Standard, for garage placement only, on Lot 44, West Aspen Subdivision with the conditions outlined in the Community Development Department memo dated May 4, 1999." EXHIBITS: "A" - Applicant's Land Use Application/Plans "B" - Referral Agency Comments "C" Vicinity Map RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLNG UNIT AND A VARIANCE FROM SECTION 26.58.04 (4) T RESIDENTIAL DESIGN STANDARDS, AT THE ALICE M. BRIPROP OF ASPEN DESCRIBED AS LOT 449 WEST ASPEN SUBDIVISION, CITY Resolution No. 99-_w WHEREAS, The Community Development Department received an application from John Muir of Galambos/Muir Architects on behalf of Alice M. Brien, owner, for Conditional Use Review of an attached Accessory Dwelling Unit having approximately three hundred seventy (370) square feet of net livable area; and WHEREAS, the applicant requested approval of a proposed design for a single-family residence on the property known as Lot 44, West Aspen Subdivision; and WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved at a public hearing by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and WHEREAS, the Housing Office, the City Engineering Department, the Parks Department, the City Zoning Officer, the Aspen Consolidated Sanitation District, and the Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, pursuant to Section 26.58.020(B) of the Aspen 'Municip acantCode, then for Community Development Department staff also reviewed f Section 6.58.0401of thesAspen Municipal compliance with the Residential Design Standards 1 cat on to be inconsistent with Standards Code and found the submitted development app 26.58.040(F)(4) Garages, Carports and Storage Areas, and (12) Volume; and WHEREAS, Section 26.58.020(B) of the Aspen Municipal Code provides that if an applicat ion is found b staff to be inconsistent with any item of the Residential Design Standards, the applicant may either amend the application or appeal staffs findings to the Planning and Zoning Commission pursuant to Chapter 26.22, Design Review Appeal Board; and WHEREAS, all applications for appeal from the Residential Design Standards of Section 26.58.040 must meet one of the following statements in order for the Planning an Zoning Commission to grant an exception, namely the proposal must: a) yield greater compliance with the goals of the Aspen Area Community Plan; b) more effectively address the issue or problem a given standard or provision responds to; or c) be clearly necessary for reasons of fairness related to unusual site specific constraints; and WHEREAS, a public hearing, which was legally noticed, was held at a regularwhich meeting of the Planning and Zoning Commission on May 4, 1999 April 13, 1999 a Commission approved by a — to vote the Conditional Use for the P&Z Resolution No. 99- Lot 44, West Aspen Subdivision Accessory Dwelling Unit with the conditions and the Variance for the Garage recommended by the Community Development Department; and Placement as WHEREAS, the approval of the variance request was based on finding that the ro 0 ed siting of the garage allows the development to meet the review criteria more closely,P P sl with regard to Section 26.58.040 (b) and (c), due to the unique and sites specific conditions especially subject property. P bons of the NOW, THEREFORE BE IT RESOLVED by the Commission: The Conditional Use for an Accessory Dwelling Unit containing approximately 370 square attached to the proposed single-family residence on Lot 44, West Aspen Subdivis on a feet Variance to only Section 26.58.040(4), Garages, Carports and Storage areas, of the Re nd a Design Standards is hereby approved with the following conditions: sidential 1.) The building permit application shall include the following in add' " requirements: g rtion to normal submittal a) a signed and recorded copy of the Planning and Zoning Commission Resolution outlining the granted approvals and conditions, and on the cover sheet of the building permit and all other prints made for the purpose of construction, the. language of any and all conditions of approval; Y 1 b) a signed and notarized letter from the contractor indicating that all conditions of a r are known to and understood by him/her; pp oval c) working drawings to verify compliance with all applicable dimensional requirements; d) plans for all utility meter locations; locations must be accessible for readings and ma be obstructed; g y not e) a current Site Improvement Survey indicating the nature of all indicated on the property title commitment; easements of record f) a copy of the recorded plat showing Lot 44, West Aspen Subdivision; h) a $50 fee in lieu of digital submission requirements; ) a completed and recorded sidewalk, curb and gutter construction agreement and an agreement to join any future improvement districts for the purpose of constructin improvements which benefit the prosperity under an assessment formula. g i) a completed and recorded ADU deed restriction on the property, be obtained from the Housing Office. The deed restriction shall noted on the which h may permit plans. wilding j) a storm drainage report and mitigation plan, including permanent and temporary( erosion control, water runoff, sediment control, contaminant control and retention components"x 36" size plan sheet or on the lot grading plan) prepared by a Colorado ensedCiit l Engineer which addresses pre-, post- and during construction conditions and in accordan with Section 26.88.040(C)(f) of the Land Use Code; ce k) an indication of whether a ground injection or re -charge e drainage proposed (i.e., drywells) and if so, a soils report establishing percolation on rates will need tl. is included; to be 1) indicate that drywells will not be permitted within utility easements; m) indicate through the above -referenced drainage plans that foundation draina e system will be detained on site; gs n) a tree removal or relocation permit from the City Parks Department for an trees to removed or relocated; Y be Page 2 of 4 P&Z Resolution No. 99- Lot 44, West Aspen Subdivision o) an executed copy of an agreement to join any future improvement district(s) whitway; may be formed for the purpose of constructing improvements in adjacent public and ion dist ict p) a cop m leted and approved tap permit with the Aspen Consolidated Sanit ttable torthe The applicant shall connect the ADU to the sanitary sewer in a manner a p ACSD superintendent. permit tans shall reflect/indicate the following in addition to normal 2.) The building p P submittal requirements: a) conf ormance with all aspects of the City's Residential Design Standards unless specific variance has been granted; b that the proposed ADU is labeled as such and meets with the definition of Accessory Dwelling Unit; c) 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 erparking space provided. The ADU d) that the ADU has the minimum () off-street cannot be stacked with a space for theaprimary residence; space must have clear access andir .e) that the ADU meets all applicable UBC requireme fromnts r lifalling on, or building up on, the f) that the roof is designed to prevent snow and entrance to the ADU; the ADU plan is amended to provide for a private and secure storage taceu under the stair the g) thatdoor to a location so that the stair ADU by moving the basement level suite p landing may be part of the ADU; ed h) conforma nce with the City's requirements for driveways. Driveways must be edge and must be paved from by 25 feet or more (including neighbor E gneer may), paving alternatives; the street to the property line. The City g q u ression system if the gross square footage of the structure a d emery OOy i) a fire suppression square feet or if determined by the Fire Chief to be necessary because of fire g nc access constraints of the proposed driveway. foot wide buffer for snow j) a five (5) foot wide pedestrian usable space ace with a five (5) storage at the edge of the street paving. pp 3.) The applicant should provide separate utility taps and meters for each residential unit. the 4.) All utility, met ers and any new utility pedestals or transformers must be installed on for applicant's property and not in any public right -of we delineat d and described on the site Easements must be provided pedestals. All utility locations and easements must . Meter locations must be accessible for reading and may not be improvement surve Y obstructed. must receive approval for .any work within the public right -of way from the 5.) The applicantroval for a mailbox and appropriate City Department. This includes, but is not limited to, app landscaping from the City Streets Department. n vehicles, materials, debris shall be maintained on -site and not awithin mentpublic The 6.) All constructio roved b rights -of way unless specifically app Y the Director of the Streets Dep applicant shall inform the contractor of this condition. 7.) The applicant and contractor shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 10 p.m. 8.) Prior to the issuance of a Certificate of Occupancy, the applicant shall permit Community Department, Engineering and Housing Office staff to inspect the property to Developmentp determine compliance with the conditions of approval. Page 3 of 4 P&Z Resolution No. 99- Lot 44, West Aspen Subdivision 9.) The proposed design has been granted a variance Residential Design Standards, Aspen Municipal Codem Alltion 26.58.040(F)(4) of the Residential Design Standards shall be complied with. other requirements of the 10.)Before applying for a building permit, the applicant shall record Resolution, and pay the associated fee, with the Pitkin CountyClerk this Planning and Zoning the Courthouse Plaza Building. The applicant may utilize the Ci k and Recorder located in process upon payment of recordation fees. tY Clerk for this recordation 11.)All material representations made by the applicant in the application with the Planning and Zoning Commission shall be adhered and and during the meetings approval, unless otherwise addressed by other conditions. onsidered conditions of 12.) If the proposed use, density, or timing of the construction of the proj grading, drainage, parking, or utility plans for this project changeet change, or the site, approval, a complete set of the revised plans shall be provided to the bsequent to this Community Development Departments for review and re-evaluation. Engineering and 13 .)Prior to the issuance of any building permits, a review the approvals, as set forth herein, shall be made by he propose Plan i minor changes from Departments, or referred back to the Planning and ZoningWing and Engineering Commission. APPROVED by the Commission at its regular meeting on May 4 1999 APPROVED AS TO FORM: David Hoefer, Assistant City Attorney Attest: Jackie Lothian, Deputy City Clerk Planning and Zoning Commission: Robert Blaich, Chairperson Page 4 of 4 EXHIBIT A GALAMBOS / MUIR ARCHITECTS ARCHITECTURE & PLANNING Design Narrative Lot 44, West Aspen Subdivision Alice M. Brien, Applicant 1. Overview (please note that a site/structure model of the proposed home will be provided at the public hearing) The site comprises the toe of Red Butte adjacent to the intersection of Cemetery Lane and Silver King Drive, zoned R-15. Except for a small relatively flat area in the northeast corner (mostly in the front yard setback) the site is steeply sloped. The applicant proposes a three -level wood -framed custom home, with the two lower levels being partially below grade. The allowable floor area is 3,408 square feet after taking the 25% floor area reduction for a sloping site. The proposed floor area is 3,370 square feet by Department of Community Development standards after deductions for the garage, and the partial sub -grade conditions of the basement and first floor. Actual gross floor area is 4,858 square feet; the net livable floor area is 4,406 square feet. Adjacent structures on the west side of Cemetery Lane and the North side of Silver King drive are two-story residential and generally unremarkable in character. None of these sites are as steeply sloped as the subject site. Every effort has been made to make the home fit the site in a harmonious fashion, with each successive floor level set back from the one below as the home steps up the site. The home has been placed as far back from Cemetery Lane as possible to provide acoustic and visual separation from this busy street as well as the adjacent RFTA bus stop. Placement also seeks to use existing cottonwood trees at the southeast corner of the site as screening elements. Exterior wall materials consist of stone, stucco, wood shingle siding, wood window trim, and log/timber trusses and accents. Stone type will be complementary to the reddish tones of the native soil. Roofing material will be jumbo cedar shake. Driveway access has been placed as far from the intersection of Cemetery Lane and Silver King Drive and the adjacent RFTA bus stop as is practical. Major public utilities are available on Cemetery Lane. 208 MmN STRm CARBONDAu, COLORADO 81623 PHONE: (970) 704-9750 FAx: (970) 704-0287 E-MAIL: GAUMBOS@SOpcus.NET Copies of the applicant's easement agreement with the City of Aspen granting the City a perpetual trail easement across the subject property have been provided with this application. The proposed alignment of this trail is shown on the grading and landscape plans, sheets L-1 and L-2. The applicant undertook to provide this easement on her own initiative after considering that an opportunity for the City to incorporate existing "unofficial" trails into the City's established trail system would be a benefit to the community as a whole. The applicant respectfully requests that the Department of Community Development and the Planning and Zoning Commission consider this act a good -faith demonstration of her desire to build a project that is an asset to the community, both functionally and aesthetically. 1. Accessory Dwelling Unit Applicant seeks to exempt the project from GMQS Scoring & Competition procedure through the construction of an Accessory Dwelling Unit. No floor area exemptions or dimensional variances are requested in connection with this unit. The unit is attached to the main structure in a subordinate location on the north end of the basement level (see sheet A2.3). Grade configuration in this area allows for a walk -out condition (see east elevation, sheet AM, and north elevation, sheet A3.4). The entry door is on the north side and a stone stepping path is proposed from the entry door to the adjacent driveway/parking area (see landscape plan sheet L-2). The net livable floor area is 370 square feet. The floor plan of the unit (see sheet A6.1) proposes a studio -style arrangement, with a low wall separating the unit into living and sleeping areas. Per the floor plan, the sleeping area allows for a queen bed, side table, wardrobe, and dresser. The living area is sized for a kitchenette, seven -foot couch with end tables, T.V. cart, and a bistro table. A separate bath with shower is provided. A glass entry door and two windows provide over 80 square feet of glazing and ventilation, with pleasant views east to Aspen and Independence pass and north to Hunter Creek. 2. Residential Design Standards (Ordinance 30) — Garages & Driveways Applicant requests a variance for the requirement that garages parallel to the street be recessed 10 feet from the front fagade. The proposed garage is located at the east end of the basement level (see sheet A2.3) within 10 feet of the front facade. The applicant recognizes that the prominence of the site requires sensitivity to grading issues; this location allows for a greater horizontal driveway distance from the street entry point and the garage, substantially softening the grading required, and reducing the driveway's visual impact from the street (see Grading and Landscape plans, sheets L-1 and L-2). This location allows the garage doors to be rotated away from a parallel relationship to the street, reducing their visual impact as well. The proposed garage provides a one-story element at the front of the structure, consistent with the concept of massing that "steps" up the slope of this unusual site. The proposed garage is substantially screened from the street by existing and proposed planting and by its separation from the street (seven feet vertically and 40 feet to the curb horizontally). 4. Residential Design Standards (Ordinance 30) — Exterior Plate Height Expression Applicant requests a variance for the requirement that exterior Exude penetrations (windows) between nine and twelve feet above finished floor (nine and fifteen feet for circular or non -orthogonal penetrations) incur an floor area penalty. a. 1-story gabled end wall at the Great Room — (see First Floor Plan, sheet A2.1, east elevation, sheet A3.1, east elevation #2, sheet A3.2) Gabled roofs are used throughout the proposed structure to impart a more rustic feel appropriate to the site. At the East end of the Great Room the proposed windows break down this gable in a desirable way and provide logical transition points between the different exterior materials. This element is substantially screened from Cemetery Lane by the garage element below and in front and by its vertical separation from the street (nineteen feet to finish floor). In fact from the street the garage would conceal the lower half of this window set. Existing and proposed planting provide additional screening. b. 1.5 story stone gabled end wall at the Entry Foyer — (see First Floor Plan, sheet A2.1, east elevation, sheet A3.1) This gabled element is used to break up this portion of the east elevation and, along with the stone entry stair and covered porch, provides a strong entry element. The window proposed strikes an appropriate aesthetic balance between stone and window area. Horizontal and vertical separation from Cemetery Lane, along with proposed planting, provides partial screening from the street. c. 1-story gabled end wall at Master Bedroom — (see Second Floor Plan, sheet A2.2, south elevation, sheet A3.2) As with the Great Room, windows proposed break down a tall gabled element in a more desirable way and provide logical transition points between the different exterior materials. This element faces south and has very low street impact since it is separated from Silver King Drive by adjacent residential structures as well as the balcony/kitchen element in front. d. Saddle dormer elements at the Great Room, Guest Master Bedroom, and Master Bathroom - (see first & second floor plans, sheets A2.1 and A2.2, east and south elevations sheets A3.1 and A3.2) Saddle dormers and the window sets within are used to break up the eave lines for more visual interest and to provide transition points for exterior materials. In the Guest Master Bedroom the vertical separation and the balcony/A.D.U. element in front will conceal most of the lower half of this window as seen from the street. The dormer/window sets in the Great Room and Master Bathroom face south and have very low street impact since they are separated from Silver King Drive by adjacent residential structures. m v n C3 D C a Le +a m, i 04 r A D p M d Heathy. ` o � N s $ 03 to � E • � aye � E. • Lt }� t,%opt2w GJ � St 3 ^, -�7 eb QA -i S Ca/ Mii/ St otl jre St G �E o' • Mountat. d O ssn° Sl y` Q nkl St o� SW d . < Q / ^ ! Ckv • n r� a LA LA a�V. ° Ul C r \ j t,N �• W N O �O 00 CA 9.1 In tV sa > R .v b W cn Mt L=rcl r cl LAND USE APPLICATION PROJECT: Name: ' ` 104�TD n�F� Location: 1 4 WE ioi-A o r 'CEO, . i 5 --rz (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: LlCC,= Rf;zia'1.4 Address: P d Fnk C �cj (cj = Co 8 1Co l Z Phone #: el42,S REPRESENTATIVE: Name: �I,ra - r,. - teens % Mal. �As raine( r Address: ;�j tit �—T t��,tz��r� i •_� ��� P-, Ito �3 Phone #: K 7070 , q 7,50 TYPE OF APPLICATION: (please check all that apply): Conditional Use 7 Conceptual PUD 7 Conceptual Historic Devt. Special Review 7 Final PUD (& PUD Amendment) Final Historic Development Design Review Appeal 7 Conceptual SPA Minor Historic Devt. (� GMQS Allotment 7 Final SPA (& SPA Amendment) E] Historic Demolition GMQS Exemption 7 Subdivision Historic Designation ESA - 8040 Greenline, Stream 7 Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split Temporary Use Other: (� Lot Line Adjustment Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ISEEe 1 'z-2 QLA dE�V_E� QEEZ PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: S 7 Pre -Application Conference Summary -] Attachment 91, Signed Fee Agreement Response to Attachment 92, Dimensional Requirements Form 7 Response to Attachment #3, Minimum Submission Contents Response to Attachment 44, Specific Submission Contents F� Response to Attachment 95, Review Standards for Your Application MEMORANDUM To: Joyce Ohlson, Deputy Community Development Director Thru: Nick Adeh, City Engineer %ZAP. �/L From: Chuck Roth, Project Engineer Date: April 16, 1999 Re: Brien Residence Conditional Use for an Accessory Dwelling Unit (Lot 44, West Aspen Subdivision) The Development Review Committee has reviewed the above referenced application at their March 31, 1999 meeting, and we have the following comments: General - If the proposed site plan is modified from the one presented in the application, as discussed in the DRC meeting, the Engineering Department should review the new site plan to verify that these comments are still pertinent to the development and to review the proposed design. No additional information is necessary at this time, although if the proposed use, density, or timing of construction` of the project change, or the site, parking or utility plans for this project change subsequent to this review, a complete set of the revised plans shall be provided to the Engineering Department for review and re-evaluation. The discussion and recommendations given in this memorandum apply to the application and plans provided for this review and such comments and recommendations may change in response to changes in the use, density, or timing of the construction of the project, or changes in the site, parking or utility designs. 1. Improvement Survey - Survey needs to state nature of boundary line easements and label utility features adjacent to property and manhole on property. Although the manhole lid on the property is inscribed "sewer", the Sanitation District has informed us that it is not theirs. The applicant needs to determine what the function is of the manhole, and any appurtenant underground improvements, so that it can be properly labeled on the improvement survey and considered in the site design. The architectural site plan indicates a bus stop and an electric transformer that are not shown and that need to be indicated on the improvement survey. Is there a drainage swale along Cemetery Lane? 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"x36" 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 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. Draina11 ge from the driveway is of special concern. 3. Sidewalk, Curb and Gutter - The development plans need to indicate a five foot wide pedestrian usable space with a five foot buffer for snow storage, where feasible. The applicant needs to sign a sidewalk, curb and gutter construction agreement, and pay recording fees, prior to issuance of a building permit. Note that there is insufficient space between the property line and the existing edge of pavement for the pedestrian area along the entire frontage. The applicant should be requested to, but cannot be required to, dedicate an easement for the pedestrian area where needed. 4. Driveways - Maximum allowable width within public right-of-way is 18' plus two 3' wings. The driveway grades should be designed to anticipate the possible construction of sidewalk in the future. 5. Parks Department - The applicant needs to convey an as -built easement, prior to certificate of occupancy, for an existing trail which will be reconfigured. The applicant needs to obtain a tree removal permit from the Parks Department. Scrub oak trees are included in tree permits. 6. Housing Office - There needs to be a double door between the ADU and the house. 7. Utilities - Preliminary information from the City Water Department is that the manhole lid labeled "sewer" that is on the property is a lid on a pressure reducing vault. An easement needs to be conveyed for the vault and the waterline. This should be confirmed by the surveyor with the City Water Department. No trees may be planted in the lot line utility easements. Any landscaping in the vicinity of the Holy Cross facilities in the public right-of-way, at the southerly corner of the parcel, must be approved by Holy Cross. Because of the corner location, maximum height of plantings and mature plantings may not exceed 42" above street grade. Any landscaping shown on the building permit application is not approved by the building permit process and must be separately applied for with a permit for working in the public right-of-way, also available at the Community Development Department. 8. Fire Marshal - If the area of the structure exceeds 5,000 square feet, sprinklers must be installed. The plans will be reviewed by the Fire Marshall at the time of application for a building permit. 9. 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: Joyce Ohlson, Chris Bendon, Ed Van Walraven, Russell Grance, Stephanie Levesque, John Krueger, Ross Soderstrom Applicants: Alice Brien, John Muir 99M52 I IUVNEM�� MIN TO: Joyce Ohlson FROM: Sara Thomas, City Zoning Officer RE: Brien Residence Conditional Use for an ADU DATE: April 9, 1999 Lot 44, West Aspen Subdivision is a 15,734 square foot parcel located in the R-15 zone district. The following dimensional requirements apply to this parcel: Front yard setback 25 feet Side yard setback 10 feet Rear yard setback 10 feet Site Coverage No requirement Open Space No requirement Height 25 feet The majority of the parcel contains slopes in excess of 20®30% requiring that the maximum slope reduction be applied when calculating the permitted floor area. Floor area can be reduced by no more than 25% due to slope, allowing for a permitted floor area of 3408 square feet for this parcel. The proposed structure appears to conform with all setback requirements. Building height and floor area cannot be verified at this time as the application packet contains insufficient data for this level of review. All dimensional requirements will be verified at time of building permit application. APR 01 '99 10:52AM ASPEN HOUSING OFC P.1 '.Hcus.ing. Office City of Aspen/Pitkin County 530 East Main Street, Lower Level E Aspen, Colorado 81611 j' (970) 920-5050 Fax: (970) 920-5580 i TO, Joyce Ohlson, Community Development Dept. _ FROM. Stelfanis,A. Levesque, Housing DATE: April 1, 1999 RE: Brien -- Let 44, West Aspen Subdivision AD . Par=i ID No. RggUUE '3'y The applicant is requesting approval for an accessory dwelling unit to be -located in the Icgwer level of the main home. BACKgROUNd: According to Section 26.40.090, Accessory Dweltfrry Unit a unit shall contain not less than 300 square feet -of net livable arMa and not more than 700 square feat of net livable area. ISSUES: When the Housing Office reviews plans for an accessory dwelling unit, there are,particular areas that are given special attention. They are as foll ws: 1. The unit must -be a totally private unit, which means the unit must have a pate entrance and there shWl he no other rooms in this unit that need to be utilized by the individuals in the principal residence; i.e.! a mechanical room tar tv principal residenc e- 2, The kitchen includes a minimum of a Wo-burner stove with oven, standard sink, and' a 6-cubic foot refrigerator plus freezer. 3: The unit is required to have a oertain percentage of natiral light into the unit, 'I.e., windows* sliding• glass door, window welts, etc., especially if the unit is' located below grade. The Uniform Building Cade requires that 10% of the floor area of a unit needs to have natural iight. Nature, light is defined as light which is clear and open to the sky. 4. Should the unit be used to obtain an FAR bonus, the unit MUST be rented to a qualil•ied employee. 5. A deed resttidon MUST be recorded PRICK to building permit approval. The deed restriction shall be obtained from the Housing office. RECs�14 MENDATION: After reviewing the application, the Housing ,office cerommends approval on tfie ' .condition that issues 1-5 above, are met prior to building permit a,pprbval. Prior to C.O. the Mousing Office requires a site tour to inspect the unit, , lreferratlbrien,adu , Aspen Consolidated Sanitation District 5y Kelly* Chainnan John Keleher Paul i mith * Treas Frank Loushin Nlickael Kelly * ec y Bruce Niatherly, Nigr April- 5, 1999 Joyce Ohlson Community Development 130 S. Galena Aspen, CO 81611 Re: Brien, ADU . Dear Joyce: APR 7 1999 The lot referred to in this application is located within the District's service area. There are no sanitary sewer facilities located on this particular lot. The location of the District's system has been faxed to Ross Soderstrom of the City engineering department. The nearest public line is located in the intersection of Snowbunny and Cemetery Lanes. Service to the property is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. Once detailed plans are available, a tap permit can be completed at our office which will estimate the total connection charges for the development. We would request, as a condition of approval, that a tap permit be completed and the total connection fees be paid prior to the issuance of a building permit. Please call if you have any questions. Sincerely, Bruce Matherly District Manager 565 N. Nlill St -,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537 MEMORANDUM TO: Joyce Ohlson, Deputy Director Community Development Department FROM: John D. Krueger, Trails Coordinator, Parks Department RE: Brien Residence conditional use for an ADU DATE April 25,1999 Upon review of the application the Parks Department offers the following comments: The Parks Department would like to thank the applicant for granting a trail easement to provide access to such an important piece of open space as the Red Butte parcel. The Parks Department has pledged to work with the applicant on the design and location of the trail as defined in the trail easement agreement. The proposed trail alignment as represented on the landscape plan may change within the easement area depending upon the applicant's final landscape plan. It is important to note that it is critical for the trail to reach the Red Butte property via the defined easement area, which could take the trail as high as the 78 1 0-elevation line on the property. It is also, important to remind the applicant, as stated at the DRC meeting, that there is potential for another trail along the front of the property that would be part of a trail up and down Cemetery Lane. EXHIBIT C I N �RkINGD 4 44 SOUTH FLORIDA CLINIC SCOTT L. GELLER, M.D. _ Board Certified Ophthalmologist April 20, 1999 Mr. Bob Blaich, Chair Aspen Planning and Zoning Commission City of Aspen Aspen, CO 81611 Dear Mr. Blaich, I'd like to give you my two cents regarding the proposal for the Bavarian Inn portable housing project. I don't think there's any question that the density in this project is too high. Off street parking is already a problem and considering there is already an affordable housing unit on the other corner the added density is definitely in tune with the neighborhood. Reduced density, proper landscaping with open spaces and adequate subterranean parking are absolutely mandatory to keep our town at the high level it has always been and not allow it to deteriorate to something like Telluride or Crested Butte which has units similar to what the Bavarian Inn project may become. This is my 28th year in Aspen, and I do think there have been many fine developments, especially some of the municipal structures, but many developments that look cheap and shoddy. I don't want to sound elitist about this, but I think that any affordable housing units should be in tune with the neighborhood to preserve quality of life for everybody. I would also hate to see the "ghettoisation" of a project and to the fact that it may be considered low end. 29 Barkley Circle • Fort Myers, Florida 33907 • 941-275-8222 • Fax: 941-275-9080 21178 Olean Boulevard 9 Port Charlotte, Florida 33952 a 941-624-0080 Attachment 8 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.52.060(E) r _,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 Municipal Code 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 (3 00) feet of the subject property, as indicated on the attached list, on theme day of rr�� , 199 (which is/ prior to the public hearing date of Jr-?cLy 4, ni ). 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 theme day of 7 , 1991, to the q day of f , 199_. (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. Signature Signed before me thisz4ay of -Axyd--- 199 0 by 5)1- P- f414 m. ors: WITZ EUGENE M 1920 N CLARK ST CHICAGO, IL 60614 KINSMAN DINAH LEE 101 WILLIAMS WY 9204D ASPEN, CO 81612 GREENE JEFFREY E & KAREN BLOMQUIST ` PO BOX 1 52 € ASPEN, CO 81612 WILLIAMS RANCH JOINT VENTURE MARK IV INC -C/0 3214 CAMPAIL DR F SANTA BARBARA, CA 93109 Fh„rUSON ROBIN PATRICIA PO BOX 2691 ASPEN, CO 81611 KISKER ELLEN H 1211 VINE ST ASPEN, CO 81611 STEW ART CHRISTOPHER W 422 TEAL CT ASPEN, CO 81611 SMITH KENNETH M PO BOX 11334 ASPEN, CO 81612 LEDDY THOIVIAS A WILLIAMS WOODS HOMEOWNERS ASSOC 704 SPRUCE C/O OATES HUGHES & KNEZEVITCH ASPEN, CO 81616 11 533 E HOPKNS AVE ASPEN, CO 81611 PARIS JOHN H 3200 SANTA MONICA BLVD #204 SANTA MONICA, CA 90404 MORAN JAMES T AND MARY 688 SPRUCE ST ASPEN. CO 81611 MCWILTi, IAMS TONI PO BOX 10938 ASPEN. CO 81612 BYRNE PHILIP J 424 TEAL CT ASPEN, CO 81611 MACKAY SANDRA L PO BOX 3431 ASPEN, CO 81612 WILSON DOUGLAS L & BEDRISHAH PO BOX 10092 ASPEN, CO 81612 CRAWFORD PATRICIA C 412 TEAL CT #Q-104 ASPEN, CO 81611 KESSLER DIANE & CHUCK 420 TEAL CT #Q206 ASPEN, CO MARTIN MICHAEL C & CECELIA K PO BOX 2387 BASALT, CO 81621 SANDBERG KATHARINE A PO BOX 2702 ASPEN, CO 81612 NHL II LLC 119 E COOPER AVE # 12 ASPEN, CO 81611 KNUTSON BRUCE C & LISA 104 WILLIAM WY #E 104 ASPEN, CO 81611 PARKER ANNE LISE 410 TEAL CT ASPEN, CO 81611 PIERRE SALLY ANN 101 WILLIAMS WAY ASPEN, CO 81611 GOLLNER HERMANN 421 TEAL CT ASPEN, CO KILLIAN LNDA H 328 TEAL CT ASPEN, CO 81611 Y REED OTTE GALL D SOYKA FREDERICK K SAL CT 329 TEAL CT HOBAN SONYA L ASPEN, CO ASPEN, CO 81611 326 TEAL COURT ASPEN, CO 81611 SHOSTAC DAVID SHOSTAC ALEXES MELVILLE SUSAN 2509 AIKEN AVENUE 333 E DURANT AVE L0� ANGELES, CA 90052 ASPEN, CO 81611 MUSSO PAMELA LYONS HECKER ROSE ROSENFIELD AND MUSSON RICHARD L ROSENFIELD ANITA 319 LOCUST ST 3952 BEARD AVE S DENVER, CO 80220 MNNEAPOLIS, MN E" TANGUAY MICHAEL L BROOKES DONNA ANN 210 AABC STE FF 1541 PINE WHIFF AVE ASPEN, CO 81611 EDGEWATER, MD 21037 DOWELL RONALD R BUTLIEN SHELDON DOWELL MARSHA S BUTLIEN RHODALEE 2 APPLEWOOD COURT EAST 135 DEERHAVEN RD PERRYSBURG, OH 43551 MAHWAH, NJ 7430 CLAFFEY WALTER W CLAFFEY NICOLETTA H WENZEL KAREN M 640 SHORELINE ROAD 1125 VINE ST BARRNGTON, IL 60010 ASPEN, CO 81611 LIFFORD A Wh. 6 STACEY L AS TENANTS N NOONAN ELIZABETH A TRUST COMMON 1450 SILVER KING DR 1135 VINE ST ASPEN, CO 81611 ASPEN, CO 81611 FABER JOHN A TORNARE RENE 1401 W PACES FERRY #3401 308 W HOPKNS AVE ATLANTA, GA 30327 ASPEN, CC' 81611 DE LISE DONALD LEE PO BOX 345 WOODY CREEK, CO 81656 TRAN HONG HUONG 814 W BLEEKER ST #C1 ASPEN, CO 81611 RIDLING FERRY B & MURIEL M 1110 STONYBROOK DR NAPA, CA 94558 FRANKEL NIARIETTA C 280 EL PUEBLO WY PALM BEACH. FL 33480 LANGE CHADWICK S JR 1127 VINE ST ASPEN, CO OSTER JEREtiIY 655 E DUR N'T AVE ASPEN, CO 81611 CANAS STEFAN- 113 7 VINE ST ASPEN, CO 81611 �fUHICH JOE ESTATE OF CIO ANGELNE GRIFFITH 530 WALNUT ST ASPEN, CO 81611 DRESSLER ROBERT C JR 310 TEAL CT UNIT P 110 ASPEN, CO 81611 PRZYBYLSKI ALBERT L 312 TEAL CT ASPEN, CO 81611 MELDAHL JOHN C MELDAHL DEBORAH M 2620 HUMBOLDT AVE SOUTH MINNEAPOLIS, NIN 55408 EDMONDSON J SCOTT PO BOX 4486 ASPEN, CO 81612 O'DRISCOLL KEVN DRISCOLL JOSEPH PO BOX 9995 ASPEN, CO 81612 Fx,--,)NIAN DANIEL S 1328 VINE ST ASPEN, CO 81611 SILVER JEROME D SILVER STEPHANIE 6835 FOX LANE DR S INDIANAPOLIS, N LEBACH DOROTHY 50% & JOAN 50% 165 WEST END AVE #29G NEW YORK, NY 10023 ROSENBERG CHARLES WILLIAM ROSENBERG JANICE MARY 322 TEAL COURT ASPEN, CO 81611 KNNE-' 'NIAUREEN MARY 0002 WILLIIS WAY ASPEN, CO 8166 INNS.., LEBACH DOROTHY LEBACH JOAN C 165 X END AVE SUITE 29-G NEW YORK, NY 10023 HUNTER CREEK VENTURE A COLORADO CORPORATION 195 ROYAL, GEORGE CIR MCQUEENEY, TX 78123 ZAUNER HENZ C/0 S KEG I AMER 0320 TEAL CT ASPEN, CO 81611 TYLER MICHAEL & LISA PO BOX 10564 ASPEN, CO 81612 STEIN WALTER W STEIN SYLVIA B 6531 LAUREL VALLEY ROAD DALLAS, TX 75248 LARSON KENTINETH R 0095 SILVER -ADO DR BASALT, CO 81621 RAY GAYL E A TRUST 9473 PINYON TRL LITTLETON. CO 30124 ZACHARY MARC WILLIAMS RANCH JOINT VENTURE PO BOX 4494 CIO MARK IV INC ASPEN. CO 81611 3214 C AIMP ANIL DR SANTA BARBARA. CA 93109 GIBBONS COLLEEN 1327 VINE STREET ASPEN, CO 81611 RESTANO THOMAS AND BECKER JANICE B 72 ALDER AVE SAN ANSELMO, CA 94960 DRISCOLL JOE & REBECCA PO BOX 9995 ASPEN, CO 81612 MACBLANE EDWARD J JR 217 TEAL, CT ASPEN, CO 81611 KLAR JOAN L PO BOX 722 ASPEN, CO 81612 FRIEDMAN HAROLD & SANDRA 19513 PLANTERS POINT DR BOCA RATON, FL 33434 CARROLL TWILA 314 TEAL CT ASPEN, CO 81611 BURNS ADRIAN JOHN & JUDETH SHAY PO BOX 12264 ASPEN, CO 81612 CHARLES M JR AND URSULA G FORSEILLE JULIA S WHEELER PATRICIA A MARINE DR 315 TEAL CT WHEELER KEITH A AS JT TENANTS HUMBLE, TX ASPEN, CO 81611 PO BOX 3513 ASPEN, CO 81612 ADLER STEPHEN L DOPKIN HARLAN INSTITUTE FOR ADVANCED STUDY C/O CAROL DOPKN REAL ESTATE OLDEN LANE PO BOX 4696 PRNCETON, NJ 8540 ASPEN, CO 81612 i KENNAtiIER SANDRA SCHROEDER MICHAEL E '! PO BOX 11947 PO BOX 10760 ASPEN, CO 81612 ASPEN, CO 81612 SHERWIN GREG HENM NG BARBARA D 2992 SHADOW CRK DR M302 PO BOX 4535 BOULDER. CO 80303 ASPEN, CO 81612 ALLEN PADRAIG E KOCIELA DANIEL A PO BOX 28292 212 TEAL CT EL JEBEL, CO 81628 ASPEN, CO 81611 LANES JENNY A MARQUIS J.-NET L 1240 E COOPER AVE PO BOX 2712 ASPEN, CO 81611 ASPEN, CO 81612 L .JNIG MARTHA J ZUEHLKE WILLIAM M PO BOX 761 PO BOX 806 ASPEN, CO 81612 ASPEN, CO 81612 TOWNSEND R JAMES FRANCIS LESLEE K & ROBERT A PO BOX 8145 226 TEAL CT ASPEN, CO 81611 ASPEN, CO 81611 MINK KATHLEEN DANFORTH ALISON C 224 TEAL CT PO BOX 3763 ASPEN, CO 81611 ASPEN, CO 81612 CARNEY TIMOTHY J BURINS ADRIAN JOHN & JUDETH SHAY PO BOX 12190 PO BOX 12264 ASPEN, CO 81612 ASPEN, CO 81612 -'TH JAMES F & LINDSAY SMITH JAMES F & LINDSAY )NT TENANTS AS JOINT TENANTS _ WESTCHESTER 6542 WESTCHESTER HOUSTON, TX 77005 HOUSTON, TX 77005 GRNSTEAD LAURA L HULEY MARC J 317 TEAL COURT ASPEN, CO 81611 BALCOM SYLVIA J 1336 VINE ST ASPEN, CO 81611 LUTGRNG TAZ M:-\-RIE PO BOX 11392 ASPEN, CO 81612 MATTHEWS NANCY ANN PO BOX 1370 ASPEN, CO 81612 JENKNS MAURI JANE JENKNS JANE J PO BOX 4152 ASPEN, CO 81612 GANCSOS JOHN MARTIN ANDERSON MARILYN PO BOX 11205 ASPEN, CO 81612 LEVERSON JANET V 221 TEAL CT ASPEN, CO 81611 CENTENNIAL ASPEN A LIMITED PARTNERSHIP 100 LUKE SHORT CT ASPEN, CO 81611 WILLARD CHARLES LAWSON IV 2398 PACIFIC AVE #602 SAN FRANCISCO, CA 94115 LUU TONY 435EMAIN ST ASPEN, CO 81611 Applicant: City of Aspen Address: 0002 Williams Way Action: Addition to Historic Sites and Structures Inventory Review Criteria: Establishment of inventory of historic sites and structures. Intent: Fifty (50) years old is generally the age when a property may begin to be considered historically significant. It is not the intention of the HPC to include insignificant structures or sites on the inventory. HPC will focus on those which are unique or have some special value to the community. The HPC evaluation process is as follows: Structures on the inventory shall be categorized as to whether or not they are historic landmarks. No further action need be taken with respect to historic landmarks. All structures which are not historic landmarks shall be evaluated by the HPC as to their current architectural integrity, historic significance, and community and neighborhood influence and categorized accordingly as follows: A. Significant. All those resources which are considered exceptional, excellent, or those resources individually eligible for listing on the National Register of Historic Places. All structures or sites within the City of Aspen, which are listed on or eligible for listing on the National Register of Historic Places shall be reviewed according to the "Secretary of the Interior's Standards for Rehabilitation" in addition to the review standards of Section 26.72.010 and 26.72.020. B. Contributing. All those historic or architecturally significant resources that do not meet the criteria for significant; provided, however, these resources have maintained their historic integrity or represent unique architectural design. C. Supporting. All those historic resources that have lost their original integrity, however, are "retrievable" as historic structures (or sites). These structures have received substantial alterations over the years, however, with substantial effort could be considered contributing once again. I i i DE LUCA HOWARD DE LUCA MARJORIE VANT HOFF ADRIAAN H 1030 CEMETERY LN PO BOX 10247 ASPEN, CO 81611 ASPEN, CO 81612 VANT HOFF ADRIAAN AMORY DAVID S FERRY WILLIAM J JR PO BOX 10247 AMORY MARGARET MC CARTHY PO BOX 1298 ASPEN. CO 81612 1370 MTN VIEW DR ST JOHN ASPEN, CO 81611 US VIRGIN ISLANDS, 831 MILLER JOHN L & KATHERINE L TAYLOR MICHAEL A CIPRIANO ELIZABETH A TAYLOR KATHY A PO BOX 267 1025 CEMETERY LN CAMBRIDGE CITY, IN 47327-0267 1027 CEMETERY LN ASPEN, CO 81611 ASPEN, CO 81611 CITY OF ASPEN GILE ROBERT B JR KERR W BRUCE & SHERRIL D 130 S GALENA ST PO BOX 25 1015 CEMETERY LN ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 CARISCH GEORGE L & SHARON G VROOM SALLY JEAN 75% JACOBS MARVIN L DOROTHY S 641 E LAKE ST STE 226 1355 MTN VIEW DR 234 LOYOLA BLDG STE 909 WAYZATA, MN 55391 ASPEN, CO 81611 NEW ORLEANS, LA 70112 SL GEORGE HOMESTAKE TRUST LEEPER LARRY A & ALICE A 1/2 INT OMNIBUS GALLERY C/O COMMONWEALTH GUARANTY HOLMAN WILLIAM B & JEAN M 1/2 INT 422 E COOPER ST 62 READS WAY PO BOX 758 ASPEN, CO 81611 NEW CASTLE, DE 19720 OURAY, CO 81427 STITT HAROLD L & AUSTINE N SILVER QUEEN LLLP PURDY JOAN 1450 SILVER KING DR #1 1450 SILVER KING DR 1362 SNOWBUNNY LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SPALDING MICHAEL L WIRTH PAUL H ORION FAMILY LTD LLLP 60% 1360 SNOWBUNNY LN PO BOX 59 1475 SILVER KING DR ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 GROSSMAN JOHN GARY 4/15 INT SCHROEDER THOMAS J DUCHESS CORPORATION C/O TOBY ANN CRONIN SCHROEDER BETSY ANNE 2820 E VIKING RD 8748 DORRINGTON AVE 1375 SNOWBUNNY LN LAS VEGAS, NV 89121 LOS ANGELES, CA ASPEN, CO 81611 I DONNA L GOLDEN SALLIE ANN SIMPSON ELEANOR 25% SIMPSON R 25% LVERKING DR 999 CEMETARY LANE MACKEY EILEEN 25% BORDEN NANCY 25% ASr-tN, CO 81611 ASPEN, CO 81611 2431E 29TH ST TULSA, OK 74114 MCDONALD STEPHEN LANG JENNIFER PO BOX 3751 PO BOX 5001 ASPEN, CO 81612 ASPEN, CO 81612 MODELL HARRY J TRST & MODELL TRUDY LEVIT TRACY TRST PO BOX 4821 1350 SIERRA VISTA ASPEN, CO 81612 ASPEN, CO 81611 ANDERSON PARKER T & CYNTHIA SEVERY CHARLES L C/O WING MERRILL 1390 SIERRA VISTA DR 1345 SIERRA VISTA DR ASPEN, CO 81611 ASPEN, CO 81611 SPYKERMAN SHERRI PO BOX 370 ASPEN, CO 81612 SCHIFFER SPENCER F 985 CEMETERY LN ASPEN, CO 81611 APR-09-1999 09!35 FROM ASPEN,/PITKIN COM DEV Attachment 8 TO 97040297 P. 03 County of Pitldn State of Colorado i AFFIDAVIT OF NOTICE PURSPANT ss. TO ASPEN LAND USE REGULATIONS SECTION 26-52,060(f) being or re;#senting. an Applicarxt to the City f Asp ly cerfify ihe e�' pmonal that I have complied with 41ic .notice requirempsto Section 26.52,060(E) of the, Aspen INRwicipal Code. in t& fallowingents urum� mamer: 1. By tnailftvig of notice, a copy of whic h is attached hereto, by first-class po,%Age prepaid U.S. Mail to all owners of Property,, widiin flute hundred (300) feet of the subject pro *, as indicated on the attached list, o� the l y4ay of AM L,._, 199 (Vhich,is I. days prior to the public heafing date of 2. 13Y Posting a sign in a�conspiouous plac,.'* Pri the subject prop", (as it oould be seen.from the nearest pubho wa�) and that the said signs S posted -and iisible coxi&uously ftni. the?.Iday a (Must -be �oed for at least 19m: 14A. 11 9A. of '19 Of- t6 IL P 7 ter., (10) full days be 4& the hcadhgdate). A photo ph of the posted sign is att0hed hereto. (attach photo,,m I ph hre) Signature ASigned before me thi�% Z%Iday of rw L. 1991. by �Q IMY HAND AND 0FR'C1ALS'EAL lily Con=ission expires APPLICANT: ALICE BRIEN, REPRESENTED BY JOHN MUIR LOCATION: LOT 44, WEST ASPEN SUBDIVISION ACTION: CONDITIONAL USE APPROVAL FOR AN ADU AND VARIANCE FROM THE RESIDENTIAL DESIGN STANDARDS STANDARDS APPLICABLE TO ALL CONDITIONAL USES: The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community 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. ACCESSORY DWELLING UNITS: Accessory dwelling units shall contain not less than three hundred (300) square feet and no 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 principle residence shall have the right to place a qualified employee or employees of his or 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. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, exempting 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. An attached accessory dwelling unit shall utilize alley access to the extent practical. DEVELOPMENT REVIEW STANDARDS: The proposed development shall be compatible with and subordinate in character to the primary residence located on the parcel as well as development located within the neighborhood, and assuming year- round occupancy, shall not create a density pattern inconsistent with the established neighborhood. 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 Planning and Zoning Commission and the Historic Preservation Commission may exempt nonconforming structures, being converted to a detached accessory dwelling unit, provided the nonconformity is not increased. Conditional use review shall be granted pursuant to Section 26.60.040 standards applicable to all conditional uses. VARIANCE CRITERIA: For a variance to be granted, it would have to be based on one of the following three criteria: The proposed design yields greater compliance with the goals of the Aspen Area Community Plan, or The proposed design more effectively addresses the issue or problem the given standard responds to, or A variance is clearly necessary for reasons of fairness related to unusual site specific constraints. " "r ;II!([3-7rl(�I'i NAME OF PROJECT: ,.s, / (20 Al b J770 AJAL.YAeAL , / CITY CLERK�� � ���YY� �� STAFF: �pYZ: 04LS0� WITNESSES: (1) J'p i}-t.{ (3) (4) (5) EXHIBITS: 1 2 3 0 Staff Report ( (Check If Applicable) Affidavit of Notice (Check If Applicable) Board Criteria Sheet (heck If Applicable) 5 MOTION: c Ida �T VOTE: YES NO D YES NO JASMINE TYGRE YES NO A,3- ROGER HUNT YES O - ROBERT BLAICH YES O STEVEN BUETTOW YES ` RON ERICKSON YES NO TIM SEMRAU YES t NO rloiwm�- w eze 0 P/ - . ate- Al� �JJ-� BzLtl I�J4 A-t"'06-Iletz , r-,5/ � � --- 4� g C� 0 j2�¢z17 .a-,c-�-e I'.: J l oop