HomeMy WebLinkAboutagenda.apz.20011120 AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, NOVEMBER 20, 2001
4:30 PM
SISTER CITIES MEETING ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II, DECLARATION OF CONFLICTS OF INTEREST
III. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. HISTORIC PRESERVATION CODE AMENDMENTS, Amy
Guthrie, open and continue to 12/11/01
B. 1210 RED BUTTE STREAM MARGIN REVIEW, Sarah Oates
C. LOT 12A CALLAHAN SUBDIVISION SPECIAL REVIEW TO
VARY ADU DESIGN STANDARDS, Fred Jarman
IV. ADJOURN
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MEMORANDUM
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To: Aspen Planning and Zoning Commission
THRU: Joyce Ohlson, Deputy Director
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E FROM: Sarah Oates, Zoning Officer
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r-4--
RE: 1210 Red Butte Dr. Stream Margin Review, Resolution No. ,Series of
j 2001—PUBLIC HEARING
DATE: November 20, 2001
111WRIriINNE-URKMI
REPRESENTATIVE
Jack Palomino/
Palomino Barth Architects
PARCEL & LEGAL ID
2735-013-16005
Lot 5, Gaylord Subdivision
ADDRESS
1210 Red Butte Dr. Aspen, Co
ZONING
R-30 PUD
CURRENT LAND USE
Single Family Residential
PROPOSED LAND USE
Single Family Residential
REQUESTED ACTION
Stream Margin Review
The property is located at 1210 Red Butte Drive in an Environmentally Sensitive Area
along the Roaring Fork River. The applicant is proposing additions to an existing
single-family dwelling. In 1999, this property received a Stream Margin Exemption
for a small addition to the dwelling unit, but is now subject to Stream Margin Review
by the Planning and Zoning Commission due to the extent of the addition.
STAFF COMMENTS
Development located within one hundred (100) feet, measured horizontally, from the high
water line of the Roaring Fork River and its tributary streams, or within the one -hundred -year
floodplain where it extends one hundred (100) feet from the high water line of the Roaring
Fork River and its tributary streams, or within a flood hazard area are subject to heightened
review so as to reduce and prevent property loss by flood while ensuring the natural and
unimpeded flow of watercourses. Review shall encourage development and land uses that
preserve and protect existing watercourses as important natural features.
26.435. 040 C Stream Martin Review Standards states. -
No development shall be permitted within the Stream Margin unless the Planning and Zoning
Commission makes a determination that the proposed development complies with all
requirements set forth below:
1. It can be demonstrated that any proposed development, which is in the Special Flood
Hazard Area, will not increase the base flood elevation on the parcel proposed for
development. This shall be demonstrated by an engineering study prepared by a professional
engineer registered to practice in the State of Colorado which shows that the base flood
elevation will not be raised, including, but not limited to, proposing mitigation techniques on
or off -site which compensate for any base flood elevation increase caused by the
development; and
➢ Staff Finding:
Per the submitted plans, there is no proposed development in the floodway.
2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open
Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the
proposed plan for development, to the greatest extent practicable. Areas of historic public use
or access shall be dedicated via a recorded easement for public use. A fisherman's easement
granting public fishing access within the high water boundaries of the river course shall be
granted via a recorded "Fisherman's Easement;" and,
➢ Staff Finding
Per the submitted plans staff does not foresee any impacts regarding this
requirement. The Roaring Fork River Greenway Plan recommendations are being
met and implemented to the greatest extent possible and a fisherman's easement
granting public fishing access within the high water boundaries of the river course
shall be granted via a recorded "Fisherman's Easement" per the conditions of
approval.
3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made
outside of a specifically defined building envelope. A building envelope shall be designated
by this review and said envelope shall be barricaded prior to issuance of any demolition,
7
excavation or building permits. The barricades shall remain in place until the issuance of
Certificates of Occupancy; and
➢ Stirff Finding
Per the submitted plans, there will not be any disturbance of vegetation outside of
the building envelope. The building envelope shall be barricaded prior to issuance
of any demolition, excavation or building permits. The barricade shall remain in
place until the issuance of Certificate of Occupancy.
4. The proposed development does not pollute or interfere with the natural changes of
the river, stream or other tributary, including erosion and/or sedimentation during
construction. Increased on -site drainage shall be accommodated within the parcel to prevent
entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the
designated building envelope; and
➢ Staff Finding
The proposed development will not pollute or interfere with the natural changes of
the river, stream or other tributary including erosion and/or sedimentation during,
construction and a silt fence shall be placed along the riverside of the building
envelope. A drainage plan shall be submitted to the Engineering Department for
review, and approval, prior to issuance of a Building Permit.
5. Written notice is given to the Colorado Water Conservation Board prior to any
alteration or relocation of a water course, and a copy of said notice is submitted to the Federal
Emergency Management Agency; and
➢ Staff Finding
Per the submitted plans no development is proposed that will require written
notification to the Colorado water conservation board due to any alteration or
relocation of a watercourse.
6. A guarantee is provided in the event a water course is altered or relocated, that applies
to the developer and his heirs, successors and assigns that ensures that the flood carrying
capacity on the parcel is not diminished; and
➢ Staff Finding
No development is proposed which will alter or relocate any existing water courses.
If the water course is altered, a guarantee is provided and applies to the developer
and his heirs, successors and assigns that ensures that the flood carrying capacity
on the parcel is not diminished.
3
7. Copies are provided of all necessary federal and state permits relating to work within
the one -hundred -year floodplain; and
➢ Staff Finding
Per the submitted plans, no development is proposed which will require federal and
state permits relating to work within the one -hundred year floodplain.
8. There is no development other than approved native vegetation planting taking place
below the top of slope or within fifteen (15) feet of the top of slope or the high waterline,
whichever is most restrictive. This is an effort to protect the existing riparian vegetation and
bank stability; and
➢ Staff Finding
Per the submitted plans there will not be any development within the required 15
feet from the top of slope.
9. All development outside the fifteen (15) foot setback from the top of slope does not
exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level
at the top of slope. Height shall be measured and determined by the Community
Development Director using the definition for height set forth at Section 26.04.100 and
method of calculating height set forth at Section 26.575.020; and
➢ Staff Finding
All development is outside the 15 foot setback from the top of slope and does not
exceed the height delineated by a line drawn at a 45-degree angle from the ground
level at the top of slope.
10. A landscape plan is submitted with all development applications. Such plan shall
limit new plantings (including trees, shrubs, flowers, and grasses) outside of the designated
building envelope on the river side to native riparian vegetation; and
Staff Finding
A landscape plan was submitted and no new plantings are proposed outside of the
designated building envelope on the riverside.
11. All exterior lighting is low and downcast with no light(s) directed toward the river or
located down the slope and shall be in compliance with section 26.575.150; and
➢ Staff Finding
The applicant shall comply with all exterior lighting and design criteria and submit
a lighting plan with the Building Permit application.
M
12. Site sections drawn by a registered architect, landscape architect, or engineer are
submitted showing all existing and proposed site elements, the top of slope, and pertinent
elevations above sea level; and
➢ Staff Finding
Site sections were submitted as drawn by Aspen Survey Engineers, Inc. that shows
all existing and proposed site elements.
13. There has been accurate identification of wetlands and riparian zones.
➢ Staff Finding
A site plan has been submitted that identifies the riparian zone.
STAFF RECOMMENDATION
Staff recommends approval for the Stream Margin Review for the proposed alterations and
additions to the existing single-family dwelling finding that the criteria per Section
26.435.040 C, Stream Margin Review Standards has been met, subject to the recommended
conditions of approval.
RECOMMENDED MOTION
"I move to approve Resolution No. (Series of 2001) for a Stream Margin Review for a
property located in an Environmentally Sensitive Area at 1210 Red Butte Drive Lot 5, of the
Gaylord Subdivision along the Roaring Fork River."
ATTACHMENTS:
Exhibit A —Referral Comments
Exhibit B—Application
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RESOLUTION NO�, SERIES OF 2001
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A REQUEST FOR A STREAM MARGIN
REVIEW FOR A PROPERTY LOCATED AT 1210 RED BUTTE DRIVE;
LOT 5, GAYLORD SUBDIVISION
Parcel ID: 2735-013-16005
WHEREAS, the Community Development Department received an application
from the Applicant, Brian L. Hazen represented by Jack Palomino/Palomino Barth
Architects, requesting a Stream Margin Review approval, for the residence located at
1210 Red Butte Dr. Aspen, CO; and
WHEREAS pursuant to Section 26.212, the Planning and Zoning Commission
may review and approve the Stream Margin Review Application; and,
WHEREAS, upon review of the application and the applicable Land Use Code
standards, the Community Development Department recommends approval for the Stream
Margin Review; and
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein, has reviewed and considered the recommendation of the Community
Development Director, and has taken and considered public. comment at a duly noticed
public hearing on November 20, 2001; and
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal is consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission approved, by a vote of
to (_-� the Stream Margin Review; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 20" DAY OF
NOVEMBER 2001, THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission approved the Stream Margin Review subject
to the following conditions:
1. No vegetation shall be removed or damaged or slope grade changes (cut or fill)
made outside of a specifically defined building envelope. A building envelope
shall be designated by this review and said envelope shall be barricaded prior to
issuance of any demolition, excavation or building permits. The barricade shall
remain in place until the issuance of Certificates of Occupancy; and
2. The proposed development shall not pollute or interfere with the natural changes
of the river, stream or other tributary including erosion and/or sedimentation
during construction and a silt fence shall be placed along the riverside of the
building envelope. A drainage plan shall be submitted to the Engineering
Department for review prior to construction.
3. A written notice shall be given to the Colorado Water Conservation Board prior to
any alteration or relocation of a watercourse, and a copy of said notice shall be
submitted to the Federal Emergency Management Agency.
4. The landscape plan shall limit new plantings (including trees, shrubs, flowers, and
grasses) outside of the designated building envelope on the riverside to native
riparian vegetation.
5. All exterior lighting shall be low and downcast with no light(s) directed toward
the river or located down the slope and shall be in compliance with section
26.575.150. A lighting plan shall be submitted with the building permit
application.
6. Prior to construction, the applicant shall obtain all necessary permits from the
Building Department as required.
7. If the newly enclosed area plus the area of the exiting structure exceeds 5,000
square feet, the newly enclosed area may be required to be sprinkled. The plans
will be reviewed with the Fire Marshall at the time of application for a building
permit.
Section 2
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
'qPrtinn i
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on November 20, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
MEMORANDUM
TO: Aspen Planning & Zoning Commission
THRU: Joyce Ohlson, Community Development Deputy Directo&jpf_\_�'
FROM: Fred Jarman, Planner.
RE: Fleck ADU / Special Review
DATE: November 20th52001
APPLICANT: Barbara Fleck
REPRESENTATIVE: Alice Davis
PROPERTY: Lot 12A, Calahan Subdivision, 1452
Crystal Lake Road
ZONING: R-15 PUD
RECOMMENDATION: Approval with Conditions
The Code specifies certain design standards to be adhered to regarding ADUs in the City of
Aspen. The Applicant is able to meet all other design standards except 300-800 sq. ft. size
standard and interior entrance to the primary residence standard. Discussion regarding these
requests are as follows:
1) ADU Enlargement: The proposed ADU is 627 sq. ft. larger than normally allowed by
the Code. The purpose of the ADU Program is to promote the long-standing community
goal of socially, economically, and environmentally responsible development patterns
which balance Aspen the resort and Aspen the community.
ADUs represent viable housing opportunities for working residents and allow employees
to live within the fabric of the community without their housing being easily identifiable
as "employee housing." ADUs also help to address the affects of existing homes, which
have provided workforce housing, being significantly redeveloped, often as second
homes. Increased employee housing opportunities in close proximity to employment and
recreation centers is also an environmentally preferred land use pattern which reduces
automobile reliance. This proposed ADU is located just off a pedestrian and bike trail
leading into downtown. The unit contains two bedrooms, two baths, and laundry room
with washer and dryer. These are all amenities not typically found in an ADU (certainly
due to the size.)
Lastly, due to the fact that this unit is a bandit unit, this conversion to an ADU would
better achieve the City's goal of eliminating bandit units. Staff finds that an enlarged
ADU, if occupied as such, is a community benefit from a livability standpoint. Staff
supports the enlarged size of the ADU.
2) Interior Entrance: The Code states that "an ADU must be separately accessible from
the exterior. An interior entrance to the primary residence may be approved by the
Commission, pursuant to Special Review." This standard was recently redrafted when
the ADU program became an administrative review. While it still allows a discretionary
review by the Planning & Zoning Commission, only one similar request has made it to
the Commission which was subsequently denied. Staff asserts that any interior
connection to another unit or a main residence will only increase the likelihood that the
ADU will be used for other purpose than housing employees. As such, Staff cannot
support this request. As a condition of this approval, Staff has required the Applicant, as
a condition of approval, to structurally remove the stairwell thereby disconnecting the
unit's interior entrance from the upstairs unit.
STAFF RECOMMENDATION
Staff recommends the Planning & Zoning Commission approve the _Special Review request
for an enlarged ADU with an interior entrance on Lot 12A of the Callahan Subdivision with
the conditions listed in the resolution.
RECOMMENDED MOTION
"I move to approve Resolution No, , Series 2001, approving a Special Review request
for an enlarged ADU with an interior entrance on Lot 12A of the Callahan Subdivision
with the conditions in the Resolution."
ATTACHMENTS:
EXHIBIT A — SPECIAL REVIEW
EXHIBIT B - APPLICATION & DRAWINGS
RESOLUTION N0. , SERIES OF 2001
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A SPECIAL REVIEW REQUEST FOR
ENLARGING AN ACCESSORY DWELLING UNIT WITH AN INTERIOR
ENTRANCE FOR LOT 12A OF THE CALLAHAN SUBDIVISION, CITY OF
ASPEN.
Parcel ID: 2 73 7-I 81-32-012
WHEREAS, the Community Development Department received an application
from the Applicant, Barbara Fleck, represented by Alice Davis, requesting the Planning
and Zoning Commission grant Special Review approval to convert a free market unit into
an Accessory Dwelling Unit of 1,427 sq. ft., exceeding the maximum 800 sq. ft.
allowance with an interior entrance for Lot 12A of the Callahan Subdivision; and
WHEREAS, upon review of the application and the applicable Land Use Code
standards, the Community Development Department recommended approval of the
request for the enlarged ADU, but recommended denial on the interior entrance; and
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal
Code as identified herein, has reviewed and considered the recommendation of the
Community Development Director, and has taken and considered public comment at a
public hearing; and,
WHEREAS, the Planning and Zoning Commission approved, by a vote of
to (_ — _) allowing the Applicant to convert a free market unit into an Accessory
Dwelling Unit of 1,427 sq. ft., exceeding the maximum 800 sq. -ft. allowance with an
interior entrance; and
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the City of Aspen Planning and Zoning Commission fmds that this
Resolution furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO.ON THE 20' DAY OF
NOVEMBER 2001, THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission approved, by a vote of to L - j to
allowing the Applicant to convert a free market unit into an Accessory Dwelling Unit of
1,427 sq. ft., exceeding the maximum 800 sq. ft. allowance with an interior entrance with
the following conditions:
1) The Applicant shall register this ADU with the Housing Authority and the property
shall be deed restricted in accordance with Section 26.520.070 Deed Restrictions.
2) In the event that the Applicant wishes to remodel the structure, the ADU will be
required to comply with the current ADU standards in effect at the time.
3) The Applicant shall structurally remove the stairwell between the two existing units in
the guesthouse thereby disconnecting the unit's interior entrance from the upstairs
unit which shall be verified by the City Zoning officer in a site visit prior to the filing
for a deed restriction with the Housing Authority.
Section 2
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
CPrtinn 'A
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on November 20, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Jasmine Tygre, Chair
EXHIBIT A
SPECIAL REVIEW STANDARDS
Accessory Dwelling Unit Design Standards. Whenever a special review is conducted
to determine a change in the design standards required for Accessory Dwelling Units, it
shall be considered in accordance with the standards set forth below:
1. The proposed ADU is designed in a manner which promotes the purpose of the
ADU program, promotes the purpose of the zone district in which it is proposed,
and promotes the unit's general livability; and,
Staff Finding
The proposed ADU is 627 sq. ft. larger than normally allowed by the Code. The purpose of
the ADU Program is to promote the long-standing community goal of socially, economically,
and environmentally responsible development patterns which balance Aspen the resort and
Aspen the community.
This proposed ADU is located just off a pedestrian and bike trail leading into downtown to
the west and to the North Star Preserve to the east. The unit contains two bedrooms, two
baths, and laundry room with washer and dryer. These are all amenities not typically found in
an ADU (certainly due to the size.) Staff finds that an enlarged ADU, if occupied as such, is
a community benefit from a livability standpoint. Staff supports the enlarged size of the
ADU.
The Code states that "an ADU must be separately accessible from the exterior. An interior
entrance to the primary residence may be approved by the Commission, pursuant to Special
Review." This standard was recently drafted when the ADU program became an
administrative review. While it still allows a discretionary review by the Planning & Zoning
Commission, only one similar request has made it to the Commission which was
subsequently denied. Staff asserts that any interior connection to another unit or a main
residence will only increase the likelihood that the ADU will be used for other purpose than
housing employees. As such, Staff cannot support this request. As a condition of this
approval, Staff has required the Applicant to structurally disconnect the unit's interior
entrance from the upstairs unit.
2. The proposed ADU is designed to be compatible with, and subordinate in
character to, the primary residence considering all dimensions, site
configuration, landscaping, privacy, and historical significance of the property;
and,
Staff Finding
Staff finds the existing unit to be concerted is subordinate to not only the guest house but
also the primary residence on Lot 12 for which it serves as mitigation.
3. The proposed ADU is designed in a manner which is compatible with or
enhances the character of the neighborhood considering all dimensions, density,
designated view planes, operating characteristics, traffic, availability of on -street
parking, availability of transit services, and walking proximity to employment
and recreational opportunities.
Staff Finding
Again, this is an existing unit and had been so since its construction in 1977. Staff finds
the proposed ADU is designed in a manner which is compatible with the character of the
neighborhood considering all dimensions, density, designated view planes, operating
characteristics, traffic, availability of on -street parking, availability of transit services, and
walking proximity to employment and recreational opportunities. As mentioned before,
the unit is located on a pedestrian / bike trail which leads to downtown and the North Star
Preserve to the east. The Applicant indicated the unit has housed employees in Aspen
since its construction.
Davis Horn,1.,nc-
PLANNING &REAL ESTATE CONSULTING
September 25, 2001
Fred Jarman
Aspen Pitkin County Community Development Department
130 South Galena Street
Aspen, CO. 81611
Dear Fred:
Davis Horn Inc. represents Barbara Fleck, owner of Callahan Subdivision Lot12 ana 12A. As
you are probably aware, all necessary land use approvals have been obtained for the development
of this property and a home is currently under construction. In March, 2001 Davis Horn Inc.
submitted an application requesting administrative approval for an ADU at the Fleck guest house
for the Growth Management Exemption for the primary residence. We were working with Nick
Lelack initially, then he passed the file on to you. I was of the understanding that the ADU was
approved administratively, but I guess you were waiting to hear if the ADU was to be over the
800 square foot maximum size allowed for an ADU. As originally proposed, the applicant has
decided to keep the 1,427 square foot existing unit on the lower level of the Fleck guest house
and dedicate this as the ADU for the main residence. Although we do not want to reduce the size
of the unit at this time, the applicant wants to ensure that if at a future date they decide to
remodel and change the configuration of the guest house or if their needs change for the property,
the ADU can be reduced to a smaller size, as long as the unit is larger than the 300 square foot
minimum size required by the Code. You and Julianne Woods agreed with this, but requested
that if the ADU is larger than 800 square feet, that we obtain a Special Review approval for the
larger size.
We would now like to request Special Review approval for the ADU to be larger than the 800
square foot maximum. This request is pursuant to Section 26-430(H) of the Land Use Code,
Accessory Dwelling Unit Design Standards which allows a change in the design standards for
ADUs if approved in accordance with the standards set forth in Section 26.520.080(D). The
Special Review is considered at a public hearing before the Planning and Zoning Commission.
The request to allow the ADU to be larger than the 800 square foot maximum and to be 1,427
square feet is consistent with the following three standards given in Section 26.529.080(D) of the
Code:
1. The proposed ADU is designed in a manner which promotes the purposes of the ADU
program, promotes the purpose of the zone district in which it is proposed, and promotes
the unit's general livability;
ALICE DAVIS, AICP 1 GLENN HORN, AICP
215 SOUTH MONARCH ST. - SUITE 104 • ASPEN, COLORADO 81611 . 970/925-6587 - FAX: 970/925-5180
A larger, more desirable unit certainly promotes the purposes of the ADU program and improves
the unit's livability substantially. The larger size. is not inconsistent with the purpose of the zone
district.
2. The proposed ADU is designed to be compatible with, and subordinate in character to,
the primary residence considering all dimensions, site configuration, landscaping, privacy,
and historical significance of the property;
The unit is existing and does not change any of the above considerations by being larger than the
800 square foot maximum size. The ADU is located on the lower level of the guest house and is
subordinate in character to and compatible with both the guest house and the primary residence.
3. The proposed ADU is designed in a manner which is compatible with or enhances the
character of the neighborhood considering all dimensions, density, designated view planes,
operating characteristics, traffic, availability of on -street parking, availability of transit
services, and walking proximity to employment and recreational opportunities.
The unit is existing and is quite compatible with the character of the neighborhood. It has been in
existence since 1977 and has been operating very well within the neighborhood. The larger size
does not affect the operational characteristics since the unit has been in operation since 1977.
In addition to the standards which were addressed above, please refer to the original ADU
application dated March 15, 2001 for more information on the ADU.
Attached is a copy of the floor plan of the proposed, existing 1,427 square foot unit which
occupies the first, lower level of the guest house. There is a large laundry/utility room included.
It is our understanding that the unit has been occupied by employees since 1977 or 1978. The
Flecks do not want to displace their current tenants and they do not want to make the unit smaller
and less desirable. Although there are significant negative impacts to reducing the unit's size,
there are only positive impacts and benefits, to approving this request for a larger sized ADU.
Please feel free to call me if you need anything further. Thank you for your assistance with this
application.
Sincerely,
DAVIS HORN INCORPORATED
ALICE DAVIS AICP
A1MFWENT
Im
30
up
0
DECK ABOVE
LOT 12 A LOWER LEVEL FLOOR PLAN
FAX N0.
' P. 03
AEEIDAVIT 01, POLIC NOTICE
REQ(JIUD BY SECTION 26.304.060 (B), ASPEN LAND USE CODE
ADDRESS OF PROPERTY; ' - � C Jai 6 Luke 0 > , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: / VCR
STATE OF COLORADO )
) ss.
County of Pirkin )
19 4( l 1' 0 a U 1 .5 (rlame, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(L) of the Aspen Land Use Code in the following manner:
l/ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (Is)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty -taro (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least ten (10) days
prior to the public hearing and was continuously visible from the .�- day of
200 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto,
a/ Mailing of notice_ By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304,060(E)(2) of the Aspen Land Use Code, At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, .municipal government, school,
service district or other governmental or quasi -governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of'the owners and
governmental agencies so noticed is attached hereto.*-(]y ;jan1 o- ka( 7A ►
continued on next page)
.
uU du CUU1 1Ut W1b AM FAX N0, P. 04
Re--oninu or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or othenvise, the requirement of an accurate survey map or other
sufficient legal description of,and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
OA-t
O
Signature
The foregoing "Affidavit of Notice" was acknowledged efore me this j5-day
of .---- �....�...200 % , by Jb c,
WITNESS NIY HAND AND OFFICIAL SEAL
My commission expires: /0 G - -,2-o0
�`otary licV
State of Colorado )
) ss AFFIDAVIT OF JANET RACZAK
County of Pitkin )
I, JANET RACZAK, Affiant, being of lawful age and duly sworn upon my oath, do depose and
state as follows:
1. On November 2, 2001, I visited the Aspen/Pitkin County GIS Office to obtain the records of land
and property owners within 3 00 feet of the subject property for use in the public noticing process
and who are to receive the Callahan Subdivision, Lot 12 A land use application public notice.
2. Based on my research the most current list was provided to Davis Horn, Incorporated on behalf
of their client for use in the public noticing process and a copy of that list is hereby submitted to
the Pitkin County Community Development Office.
3. I made a good faith effort to obtain an accurate list of the names and addresses of the land owners
within 300 feet of the subject parcel (see Exhibit "A" ).
4. On November 2, 2001, I placed a copy of the attached Public Notice (see Exhibit "B") in the U. S .
Mail, First -Class Postage Prepaid to all names listed on Exhibit "A'.
FURTHER, AFFIANT SAYETH NOT.
L_. ;�� / 1 // (-( O l
- aa�' #et L. Raczak Date
The foregoing instrument was acknowledged and signed before me on 1 / / 2001
by Janet L. Raczak.
WITNESS my hand and official seal.
My commission expires:
(SEAL) NOTARY PUBLIC
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00T-30 ,A1 TUE 09:16 AN
FAX N0, P. 02
PUBLIC NOTICE
kF,e LOT 12A, CALLAI —kN SUBDIVISION SPECIAL RE VEW TO VARY
THE ADU DESIGN STANDARDS TO ALLOW FOR AN KCCESSOHY
DWELLING UNIT TO EXCEED 800 SQUARE FEE 7`
T1O 1J 'ii S HEREBY GRVEN that a public hearing will be held on Tuesday,
November 20, 2001, at a meeting to begin at 4.30 p.m, before the Aspen Planning and
Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., ,Aspen, to
consider an application submitted by Barbara Fleck, requesting Special Review approval
to vary the ADU Design Standards to allow for an Accessory Dwelling Uilit to exceed
800 Square; feet. The property is located at 1407 Crystal lake Road, and described as Lot
12A, Callahan Subdivision. For further information, contact Fred Jarman at the
Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970)
920-5102, fredi ci.aspen.co.us.
g/jasmin�,° ` ygif�(,F Chair
Aspen RnD,huhRg and Zonibflg COMmEgoc'DR
Pnb ished hA the Agpeyu Times on i,`,'overnber 3, 2001
City of ,Aspen
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