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HomeMy WebLinkAboutagenda.apz.20030408 AGENDA ASPEN PLANNING & ZONING COMMiSSION SPECIAL MEETING TUESDAY, APRIL 8, 2003 4:30 PM LIBRARY MEETING ROOM I. SITE VISIT A. DANCING BEAR (ASPEN MANOR) SITE VISIT, 411 S. MONARCH STREET AT NOON MEETING I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTERESTS Iv. PLANNING AND ZONING COMMiSSION PUSL~C HEARINGS MOUNTAIN VIEW PLANE, TIMESHARE, SUBDIVISION, AND GMQS EXEMPTIONS FOR LODGE PRESERVATION AND AFFORDABLE HOUSING, James Lindt- contd from 3/18 B. SAGEWOOD CONDOMINIUMS REZONING AND CONSOLIDATED PUD, Scott Woodford V. BOARD REPORTS VI. ADJOURN Elm MEMORANDUM . TO: The Aspen Planning & Zoning Commission THRU: Joyce Allgaier Ohlson, Deputy Director FROM: Scott Woodford, City Planne U, RE: SAGEWOOD CONDOMINIUMS, PUBLIC HEARING; PLANNED UNIT DEVELOPMENT (PUD) AND AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP; RESOLUTION NO. �_, SERIES 2003 DATE: March 25, 2003 The south elevation of the Sagewood Condominiums with US Highway 82/ Hallam Street in. the foreground. REQUEST SUMMARY: PUD overlay to establish the existing non -conforming setbacks, height, floor area, and minimum lot area per dwelling unit for the condominium as conforming and to allow enclosure of twelve balconies and a roof structure over the entrance to the east side of the building, and to rezone the parcel from R-6 to R/MF to legalize the multi -family use. APPLICANT: Sagewood Condominium Association LOCATION: 910 West Hallam Street STAFF APPROVAL OF THE PLANNED UNIT DEVELOPMENT (PUD) AND RECOMMENDATION: AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP, WITH CONDITIONS SAGEWOOD CONDOMINIUMS STAFF REPORT PAGE 1 REQUEST SUMMARY: The Sagewood Condominium Association, represented by its Secretary, Scott A. Gallagher, has submitted this land use application requesting the following: I -) PUD overlay of the property to establish the non -conforming dimensional standards for the structure as conforming; and 2.) PUD to approve the expansion of the floor area of the structure by 660 square feet by enclosing twelve balconies (55 square feet each) and a roof structure over the entrance to the west side of the building (setback encroachment); and 3.) Rezone of the property from R-6 to R/MF to make the existing, non -conforming multi -family use a conforming use. The 11-unit Sagewood Condominiums was built in 1970 in compliance with the standards in effect at the time. Several years later, during a land use code change, the property was rezoned to R-6, a single-family and duplex zone district with different dimensional standards. Based on staff review, it is unclear why this rezone occurred. The action, however, made the Sagewood both a non -conforming structure with respect to several of the required dimensional standards of the R-6 zone district (floor area, height, off-street parking, and minimum lot area per dwelling unit) and a non -conforming use as multi -family residences are not an allowed use .in the R-6 zone district. According to the Section 26.312.020 and 26.312.030 of the Code, non -conforming uses and structures may continue to operate as they are, but only normal maintenance procedures can be conducted and no extensions or expansions are allowed. The Sagewood Condominium Association would like to make some improvements to the thirty year old structure as it is starting to become outdated, however, they are unable to do so, in part, because of the non -conformities of the structure and use. In order to help rectify the situation, the applicant proposes a PUD overlay to establish the existing non- conforming dimensional standards as legal for this property and to rezone the property to R/MF to establish the multi -family use as a legal use. The other component of this application is to request PUD approval to enclose all twelve balconies (one unit has two balconies) on the structure to increase the floor area of individual units by 55 square feet a piece, for a total of 660 square feet. Six of the 12 balconies are already enclosed — constructed illegally by individual owners without first obtaining a building permit for the work or approval from Community Development for increasing the floor area of the building. The applicants request, therefore, is two -fold. First, they are seeking retroactive approval for the six balconies enclosed illegally and pre -approval for the other six to be enclosed when individual owners choose to do so. It should be noted that, before any.building permits are issued for any new changes to the building (including exterior improvements or for any additional balcony enclosures), the owners of the illegal enclosures shall be required to apply for building permits, which may necessitate the enclosures being torn out and re -built properly. Once the additional floor area for the illegal balcony enclosures is approved, then the Association can apply for a building permit for the exterior improvements (for which they already have an approved construction loan, according to the applicant). SAGEWOOD CONDOMINIUMS STAFF REPORT PAGE 2 ADDITIONAL OPTIONAL CONDITIONS OF APPROVAL Affordable Housing Unit Configuration Concern: Possible Solutions: Amend Condition No. 25 to read as follows: 25. The Applicant shall adequately mitigate for employee generation by providing affordable housing mitigation for at least 5.16 FTEs in the form of constructing two (2) deed restricted units (consisting of two bedrooms each) (a r+, die and a t-edr) 0,4 „r;+) on -site, and by paying acash-in-lieu fee to be determined by the Housing Authority based on the average price for a Category 2 and 3 unit as stated in the Housing Guidelines at the time of building permit issuance. The required employee housing mitigation shall be completely satisfied prior to issuance of a certificate of occupancy for the proposed development. Building Height Concern: Possible Solution: Add Condition of Approval that reads as follows: 39. The applicant shall remove the partial fifth floor from the design. Amend Height in Dimensional Requirements Table of Condition No. 4 to read as follows: MaximLu-n Height SO Feet