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Home My WebLink Aboutcoa.lu.ca.108 Maple Ln.0105.2015.ASLUi 0105.2015.ASLU CODE INTERPRETATION 273707490108 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0105.2015.ASLU PARCEL ID NUMBER 2737 074 90 108 PROJECT ADDRESS 108 MAPLE LANE - _ 1, fJ S TTf CASE DESCRIPTION CODE INTERPRETATION - CALCULATIONS AND MEASURMENTS REPRESENTATIVE LESLIE CURLEY DATE OF FINAL ACTION 12.24.2015 CLOSED BY KARLA HENRICHON 0 72 3 Permits ' File Edit Reccrd Navigate Form Reports Format Tab Help ix' rJ - r; - - - w Jump _. C Main Custom Fields Routing Status Fee Summarp ActionAction R istory - • Permit type aslu Aspen Land Use Permit # 0105.2015.ASLU Address 108 MAPLE LN ApUSuite 108 City ASPEN State CO Zrp 81611 Permit Information Master permit J Routing queue aslul5 Applied 12111/315 Project Status pending Approved Description CODE INTERPRETATION -CALCULATIONS AND MEASUREMENTS -LESUE Issued CURLEY Submitted LESLIECURLEY 979.84fi6B07 Submitted via Owner Last name CURLEY phone (970) 84 4&7 Ap*arrt Owner is applicant? Last name CURLEY Phone (970) 8464H7 Email Lender Last name Phone ( ) Closed/Final Clock Running Days 0 Expires 12/05/2016 First name LESLIE 108 MAPLE LN ASPEN CO 81611 Address Contractor a applicant? First name LESUE 108 MAPLE LN — - ASPEN CO 81611 Cult # 30233 Address First name Address Displays the permit lender's address AspenGo1d5 (server) jackiek _ 1 of 1 PAMHN7 N0 � CA l oo �"kT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) (name, 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 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: 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 no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. ' Sign e 7� The for going "Affidavit of Notice" was acknowledged before me this day of , 200 , by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Not Public ATTACHMENTS: KAREN REED PATTERSON +, NOTARY PUBLIC STATE OF COLORADO COPY OF THE PUBLICAT70N NOTARY ID #19WO02767 +vty'Lommigsign Expires 16, 2016 PUBLIC NOTICE RE: INTERPRETATION A code interpretation to subsection 26.575.020 (8), Limitations (concerning the combination of two de- sign features within a required yard setback) in- subsectPon 26 ris 575A 0on E)(5). AllloowedtProojeclons into Setbacks of the City of Aspen Land Use Code, initiated by the Community Development Director, was rendered on December 24, 2015 and is avail- able for public inspection in the Community Devel- opment Department. Published in the Aspen Times on January 7, 015 (11809608) • 0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: 26.575.020 (B), Limitations EFFECTIVE DATE: December 24, 2015 WRITTEN BY: Jennifer Phelan, Deputy Planning Director APPROVED BY: _ Jennifer Phelan, eputy Planning Director SUMMARY Staff has recently fielded an inquiry requesting clarification as to whether a landscape wall that surrounds multiple light wells is permitted as designed. The Community Development Director has initiated the Interpretation as provided for in Chapter 26.306, Interpretations of Title. PURPOSE The purpose of this Interpretation is to clarify whether the design of the two features can be combined as it relates to the city's Calculations and Measurements section of the Land Use Code. DISCUSSION The Calculation and Measurements section of the Land Use Code outlines the allowances and limitations for measuring such items as height, floor area, and setbacks when development occurs within the city. With regard to setbacks, a "required setback shall be unoccupied and unobstructed within the area extending horizontally, from the parcel boundary to the setback line and vertically above and below grade, excepting allowed projections as described." The landscape wall (that can also be considered a retaining wall) and light wells are located within the required side yard setback. Citation 1. SubSection 26.575.020(E)(5)(i) outlines that "the minimum projection necessary to accommodate light wells and exterior basement stairwells as required by adopted Building or Fire Code" (emphasis added) is allowed to project into the setback. This allowance requires the light wells meet two standards: that the light well be the minimum size permitted by code and that the light well is required for egress by code. Citation 2. SubSection 26.575.020(E)(5)(k) outlines that "uncovered porches, landscape terraces, slabs, patios, walks, landscape walls, earthen berms, retaining walls, steps, and similar structures, which do not exceed thirty inches vertically above or below natural grade or finished grade, whichever is more restrictive" are permitted to project into a setback. Page 1 of 3 Citation 3. Subsection 26.575.020(B), Limitations, notes that "the prescribed allowances and limitations, such as height, setbacks, etc. of distinct structural components shall not be aggregated or combined in a manner that supersedes the dimensional limitations of an individual component." Citation 4. Section 26.104.100, Definitions, defines a Light Well as "an outdoor uncovered space developed below grade of the surrounding ground which provides egress from a basement or lower level of a building as required by adopted building or fire codes." INTERPRETATION Individually, both landscape walls and light wells are permitted to be located within the required setback as long as the landscape wall does not exceed a certain height allowance and a light well is both required by building code and meets the minimum dimensions necessary to accommodate egress (Citation 1). For example, a light well is not permitted to be located within a required setback if the light well is the minimum dimensions permitted by building code but not required for egress by the code (such as a light well for a bathroom) or if required by the code, exceeds the minimum dimensions permitted. When the two features are combined, as shown in the plan view in Figure 1 below, the Limitations subsection of the code in Citation 3 becomes applicable to the proposed features. By combining the landscape wall design with the light wells, the two features become combined. The area between the landscape wall, which retains natural grade, and the light wells is used as part of the circulation path for egress from the basement to access natural grade. The landscape wall provides necessary egress circulation for the light well, essentially becoming part of the light well design. Thus the landscape wall allows for a light well area that supersedes the minimum size limitation permitted per code and is not permitted. inure 1: Plan view �a x�ewcw urc M1P IYA.= as&*--ca-.Ide Setback line ._: . ---------- - Vi- ------- Page 2 of 3 Z: Jection view APPEAL OF DECISION As with any interpretation of the land use code by the Community Development Director, an applicant has the ability to appeal this decision to the Aspen City Council. This can be done in conjunction with a land use request before City Council or as a separate agenda item. 26.316.030(A) APPEAL PROCEDURES Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. Page 3 of 3 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: December 10, 2015 Dear City of Aspen Land Use Review Applicant, We have received your land use application for Land Use Code Interpretation — Calculations and Measurements and have reviewed it for completeness. Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Review deposit of $81.00. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, Jennifer P el , Deputy Planning Director City of A , Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No GMQS Allotments Yes No_<_ Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. i Lodging ATTACHMENT 2 -.LAND USE APPLICATION AMIF.CT: Name: Location: Lp c 8 (Indicate street ddress, lot & bloc pumber, legal des1fiption wl Parcel 1D # (REQUIRED)_ APPt.ICAWI T: IFPRFSENTATIW: Name: Address: Phone #: YP6 OF APPL11CA:n0N: (please cnecK all that apply): oro 67 2-o1 .. �L,u ❑ GMQS Exemption ❑ Conceptual PUT) ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Crreenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hakm Lake Bluff, condominiumirrtion) Amendment) Mountain View Plane ❑ Commercial Design Rc%icw ❑ Lot Split ❑ Small Lodge Conversion/ Expansion V ❑ Residential Design Variance ❑ Lot Line Adjustment Other. (. Conditional Use nff EXISTING CONDITIONS: descri titan of existing buildings uses, evious approvals, etc. ROPOSAL: (description of proposed buildings,uses, modifications, etc.) cr - 0 T) #Ve you attached the "allowing? FEES DUE: S e-Application Conference Summary Attachment # 1, Signed Fee Agreement esponse to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.S" X I I" must he folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. RECEIVED NOV 2 5 2015 CITY OF ASPEN CCAq� '1MTY 09FR NT A • • LESLIE D CURLEY November 24, 2015 NOV 2 5" 2015 Community Development Director CITY OF ASPEN City of Aspen Aspen, Colorado ... ;' 1TY D-MVEl4PMENT RE: Interpretation of City of Aspen Land Use Code Chapter 26.575 Part 500 — Miscellaneous Supplemental Regulations, 26.575.020 Calculations and measurements, Measuring Setbacks, 5. Allowed Proiections into Setbacks Dear Community Development Director, The attached proposed design for 108 Maple Lane in the Smuggler Park Subdivision, shows a light well and adjacent planter in the setback, which are both allowed, under section E. Measuring Setbacks, 5. Allowed Proiections into Setbacks in section 26.575.020 Calculations and measurements, of the City of Aspen Land Use Code Chapter 26.575 Part 500 — Miscellaneous Supplemental Regulations. There are many other examples of this in Smuggler Park, and post 1995 easily. The most current planning Department stance in denying the window wells being adjacent to the planters in our design is that, 'the proposed features, landscape wall and light wells, separately, but adjacent to each other' "effectively increase the allowable size of the light well". We disagree. We don't see how the design violates this or "aggregates" these elements at all, and especially to the degree that it "effectively' (a subjective word) increases the size of my light well. We're showing light wells that are 3'x3' with its own wall separated from the landscaping wall by a 3' wide strip of dirt 6' away from the window. The landscape wall is 30" below the walkway, which is allowed. The landscape wall is a separate element and in no way makes my light well bigger. What is wrong with the fact that these being next to each other allow for more light and ventilation?? That is design. The example you all point out in Section B. Limitations. 26.575.020 Calculations and measurements, of the City of Aspen Land Use Code Chapter 26.575 Part 500 — Miscellaneous Supplemental Regulations that states "distinct structural components shall not be aggregated or combined in a manner that supersedes the dimensional limitations of an individual structural component.". This doesn't say that both can't be present in the design or adjacent; just that both/either cannot exceed each of their own limitations. So in the example, if a design showed a garage with a deck on top, both the garage and deck would need to be 10' away from the property boundary and putting the deck on top of the garage would make the deck 5' further back from the property line than if were built on its own. Simple. If we built light wells and landscape wall separately, like with a walkway in between them, my landscape wall would still be limited to 30" below grade. The light wells would be the size they are shown now except taller because the grade level meeting those window wells would be higher. The current Planning Departments interpretation only makes the window well wall to be taller, hence, making a deeper window well. PO BOX 8783 • ASPEN, COLORADO • 81612 9 7 0 . 8 4 6 . 6 8 0 - LESLIE• . GA\fEL fa).G \fAI L. C 0\I LESLIE D CURLEY The Planners that made the "departments call" on this, and I, specifically spoke about the undesirability of building a window well as a deep narrow hole prior to them making this official call. ?? This is a situation where the Smuggler Park Subdivision configuration should be considered exempt — and have been treated as such until now.? I can't speak to where there are cases in the City where properties are constrained to the extent that they have to use the setbacks for these things. Window wells in most/all other subdivisions are most probably not in their setbacks and/or moving the building envelope is not a hardship. The whole reason we are showing them adjacent to each other as has been done in many other cases in the Park is to allow more light via terracing and planters; and further to provide impervious paving that keeps each lots own storm water on -site as the engineering department is mandating in much more elaborate ways at the end of the day anyway. We are trying to do what is allowed in the code to provide the most functional and livable design that ends up being a good showcase of what the code allows. This interpretation of the current Calculations and measurements section of the City of Aspen Land Use Code ignores the intent of the conglomeration of the City of Aspen's Land Use Code with its Building and Energy Code. Where is the insight into requiring a window in a bedroom (and a bathroom where possible) of having the window solely for the purpose of egress? A window, in addition to accommodating egress, is supposed to allow daylight and ventilation per the International Building Code (IBC). These are big investments people are making to build a home in Aspen. It is many times the biggest investment anyone makes in their whole life besides to their children. And it is for our children in many cases. The people building in Smuggler Park typically have less resources that others that are building more elaborate and most possibly 2nd homes in this valley with more monies to pay for variances and PD amendments. Please reconsider the Planning Departments current interpretation in this case and Smuggler Park cases moving forward. I would also ask that there also be relief under j26.575.02O(E)(5)(i.) Allowed Projections into the Setbacks on "The minimum projection necessary to accommodate light wells and exterior basement stairwells as required or adopted Building Fire Codes as long as these features are entirely recessed behind the vertical plane established by the portion of the building fagade(s) closest to the street. If any portion of the feature projects into the setback, the entire feature may be no larger than the minimum required." In my current design as shown, it is possible and desirable to allow windows for the bathrooms as well as larger lightwell areas into the bedrooms for living. That would be how I choose to use my 10' setback, with no hardship to the neighbors. Sincewly, Leslie Curley End. PO BOX 8783 • ASPEN, COLORADO • 81612 970.846.680" LESLIE. G1,TJEL!d.GMAIL. C OM muw ° Z go�3 m 8nm�m q U W -r N3dSV:lo AJ -c q 7 AUN C7 a i U GO m� J Q v M N moe z jj MY M N I I I I I I � ` I I - nY ^U LOW131'uo N3dgV 30 �Uio = J4.5 7 AON (13AI333H A I U ;oo} �n fJ Ah a Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Name:L9S j(�� CAII� Owner 0"): Email: l • Phone No.: Address of � b Property (subject of � application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: date: Owner printed name: or; / Attorney signature: date Attorney printed name: RECEIVED NOV 2.201 CITY OF ASPEN RLOPWENI 0 *ECEIVED CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY NnV Vjz\5 PLANNER: Justin Barker, 970.429.2797 PROJECT: 108 Maple Lane REPRESENTATIVE: Leslie Curley, 970.846.6807 REQUEST: Land Use Code Interpretation DESCRIPTION: The applicant has proposed a design for a residential structure at 108 Maple Lane that includes light wells and landscape walls within the side yard setback. The Zoning Officer determined that the features are aggregated in such a way as to supersede the dimensional limitations of an individual structural component, which is prohibited under Section 26.575.020.B. Therefore, the applicant requests a formal interpretation of the relevant code sections. The determination was made using Section 26.575.020.B and Section 26.575.020.E.5. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees12013%201and%20use%20app%20form.pdf Land Use Code: http�//www.aspenpitkin.com/Departments/Community-DevelopmenYPIanning-and-Zoning[Title-26-Land-Use-Code/ Applicable Land Use Code Sectionlsl 26.104.100 Definitions 26.304 Common Development Review Procedures 26.306 Interpretations of Title 26.575.020 Calculations and Measurements 26.575.020.E.5 Allowed Projections into Setbacks Review by: Staff for complete application Community Development Director for interpretation Public Hearing: No Neighborhood Outreach: N/A Planning Fees: Planning Deposit — Code Interpretation, Formal Issuance ($81 flat fee) Referral Fees: N/A Total Deposit: $81 ASLU Interpretations of Title 108 Maple Lane 273707490108 0 • To apply, submit the following infonnabon (apply to both options unless otherwise noted): Completed Land Use Application and signed fee agreement. 14, Pre -application Conference Summary (this document). Applicanfs name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. r1 t r ie__, HOA compliance form (attached). Letter requesting the interpretation with supporting graphics and plans, as applicable. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Ah Ah Agreement to Pay Application Fees An agreement between the City of Aspen CCity') and GlG '6 ' ZL /j_ ' Y'I-SL.0 Property Owner ("I"): Address of Property: (subject of application) Phone No.: Email: Billing Address: (send bills here) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $0 $0 flat fee for Select Dept flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour City of Aspen: Chris Bendon Community Development Director Property Owner: City use: 0 itle:Uf 1L r Fees Due: $ Received: $ RECEIVED NOV 2 5 2015 CITY OF ASPEN GMOLO'M M'Ei c NT • • ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: 12 Lot Size: Lot Area: . ( 7 (fot the putposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing. _ Proposed: � Number of residential units: Existing: Proposed: Number of bedrooms: Existing: —Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: F 6'� O n e s Floor Area: Existing: Principal bldg. height: Existing: Access. bldg. height: Existing: On -Site parking. Existing: % Site coverage: Existing: % Open Space: Existing: Front Setback: Existing: Rear Setback: Existing: Combined F/R: Existing: Side Setback: Existing: Side Setbaok: Existing: Combined Sides: Existing. -- Distance Between Existing Buildings Allowable: Proposed.-_ _Allowable: Proposed. _Allowable:_ Proposed - _Required: Proposed: _Required Proposed: _Required. Proposed: Required: Proposed: Required: Proposed: Required: Proposed: _Required: Proposed: _Required. Proposed: _Required: Proposed: Required: Proposed: Existing non -conformities or encroachments: Ruylef, Variations requested: RECEIVED NOV 2 5`2015 CITY OF ASPEN 0 M1 ,"" CITY ME L W NT