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/
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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 .
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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.
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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
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