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HomeMy WebLinkAboutagenda.apz.20170718 AGENDA Aspen Planning and Zoning Commission REGULAR MEETING July 18, 2017 4:30 PM Sister Cities Meeting Room 130 S Galena Street, Aspen I. SITE VISIT II. ROLL CALL III. COMMENTS A. Commissioners B. Planning Staff C. Public IV. MINUTES V. DECLARATION OF CONFLICT OF INTEREST VI. PUBLIC HEARINGS A. 303 W Hopkins Ave - Residential Design Standard Variation VII. OTHER BUSINESS VIII. ADJOURN Next Resolution Number: 10, Series 2017 Typical Proceeding Format for All Public Hearings 1) Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legaJ notice (affi d avit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clari fications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal /clarification of evidence presented by applicant and public comment 1 1 ) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met o r not met. Revised April 2, 2014 303 W. Hopkins Avenue Residential Design Standard Variation Review July 18, 2017 Page 1 of 5 MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Hillary Seminick, Planner THRU: Jennifer Phelan, Deputy Community Development Director RE: 303 W. Hopkins Avenue | RDS Variation Request MEETING DATE: July 18, 2017 APPLICANT/OWNERS: William E. Connor Trust, William Connor, Trustee. 909 S. Rock Blvd. #f, Reno, NV 89502. 775.813.8841 REPRESENTATIVE: Stan Clauson Associates, Inc. LOCATION: Lot 2, Erdman Partnership Lot Split CURRENT ZONING & USE: Medium Density Residential (R-6) zone district; single family home PROPOSED LAND USE: Single-family residence SUMMARY: The applicant is requesting one Residential Design Standard variation that will allow for an addition above an existing garage that does not meet the standards for Articulation of Building Mass. STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission deny the applicants’ request for a Residential Design Standard variation to permit for an addition that does not meet the Articulation of Building Mass standard. Figure A. Image of subject property P1 VI.A. 303 W. Hopkins Avenue Residential Design Standard Variation Review July 18, 2017 Page 2 of 5 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: § Variation from the Residential Design Standard pursuant to Land Use Code Section 26.410.030.B.1.d. Articulation of Building Mass, Option 1, Maximum Sidewall Depth which states: Maximum Sidewall Depth. A principal building shall be no greater than fifty (50) feet in depth, as measured from the front-most wall of the front façade to the rear wall. An accessory building that is completely separated from the main building is permitted. Garages, sheds and accessory dwelling units are examples of appropriate uses for an accessory building. No additional land use reviews are requested in the application. Planning and Zoning Commission is the final review authority for the request. PROJECT LOCATION AND BACKGROUND: The subject property is located in the Medium Density Residential (R-6) zone district. This property is located within of the Aspen Infill Area and is situated at the corner of S. Second Street and W. Hopkins Avenue, both of which are public streets. A single-family home was constructed on the subject property in 1994 and purchased by the current owner in 1996 (Pitkin County Assessor, June 30, 2017). The flat lot is 7,500 sq. ft. in gross and net lot area measurements. The combined side yard setbacks for the property are 15’, with a minimum side yard setback of 5’. The allowed floor area for the lot is 3,450 sq. ft. and the existing floor area of the residence is 3,978 sq. ft.; therefore, the floor area of the home is 528 sq. ft. over what is allowed by underlying zoning. Figure B. Site Location Map, indicated by outlined parcel P2 VI.A. 303 W. Hopkins Avenue Residential Design Standard Variation Review July 18, 2017 Page 3 of 5 PROJECT SUMMARY: The Applicant requests a variation from Articulation of Building Mass, Option 1, Maximum Sidewall Depth as shown in Figure C for an addition to an existing single family residence. The home is 528 sq. ft. over the allowed floor area for a lot of this size. Drawings have been provided by the applicant and provided in Exhibit B. The Applicant proposes to remove an existing window well so that there is less exposed subgrade area, which would reduce the amount of Floor Area calculated towards the basement and allow this excess Floor Area to be shifted above grade to construct an addition, if approved by the Commission. To be able to shift this Floor Area, the Applicant cannot trigger demolition of the house. STAFF COMMENTS: The intent of the Articulation of Building Mass is to reduce the overall perceived mass and bulk of buildings on a property as viewed from all sides. Articulation should convey forms similar in massing to historic Aspen residential buildings. This standard is critical to the Infill Area where small lots and historic buildings are prevalent. With intent of these standards in mind, Staff has reviewed the request against the RDS variance review criteria for each standard. The Code states that each request for RDS variance must meet one of the following criteria. a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or broader vicinity as the director feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. A variance from the Articulation of Building Mass standard would permit an addition that would result in a two-story volume 60’7” in length. The intent of the standard is to reduce perceived mass and bulk, and this addition would only expand an existing non-conforming aspect of this home. Staff Figure C. West Elevation, with proposed addition called out in red P3 VI.A. 303 W. Hopkins Avenue Residential Design Standard Variation Review July 18, 2017 Page 4 of 5 finds the request for the addition would only increase bulk and mass of the building. The neighboring property, 315 W. Hopkins, has a similarly configured massing to the ally of the property. The subject property, shown in Figures D and E, and the neighboring property in Figures F and G, both have garages accessed by the alley that have deck area above. An addition to the garage would not be in context with the nearest neighbor to the west. There is not a neighbor east of the other side yard lot line, which faces S. Second Street. Staff finds the variance request does not meet the neighborhood standard. There are no site-specific constraints associated with this parcel that warrant the granting of this variance for inflection. Staff finds that criterion 26.410.020.D.2 (a) and (b) are not met. Figures D & E: Subject property, 303 W. Hopkins, subject property, alley view Figure F & G: 315 W. Hopkins, neighboring property to the west, alley view P4 VI.A. 303 W. Hopkins Avenue Residential Design Standard Variation Review July 18, 2017 Page 5 of 5 STAFF RECOMMENDATION Staff recommends the Planning and Zoning Commission deny the request for a variance from required articulation of the building mass standard. The addition would increase the appearance of massing and bulk along the north lot line and is in conflict with the intent of the massing standard which “seeks to reduce the overall perceived mass and bulk of buildings on a property as viewed on all sides.” Staff finds that there is no site specific constraint or neighborhood pattern to support this variance. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): If the Commission believes either variation criterion is met, the Commission may use the following motion to approve the request: “I move to approve the request for a variation from the Residential Design Standard as noted in Resolution ___, Series of 2017.” If the Commission does not believe either criterion is met, the Commission may choose to deny approval of the resolution. The motion, with the following edits should be included: “I move to deny the request for a variation from the Residential Design Standard as noted in Resolution ___, Series of 2017 with the following additions and deletions to the resolution 1) The title shall replace the word ‘approving’ with ‘denying’. 2) Section 1 shall delete the word ‘approves’ and replace it with it ‘denies’. 3) The last sentence of section 1 shall be amended to read: “The Planning and Zoning Commission has found that the addition would increase the appearance of the massing and bulk of the building and is in conflict with the intent of the massing standard which “seeks to reduce the overall perceived mass and bulk of buildings on a property as viewed on all sides.” Additionally, the Commission finds that there is no site specific constraint or neighborhood pattern to support this variance. 4) Section 1A shall be deleted. Attachments: Exhibit A – Residential Design Standard Variance Criteria Exhibit B – Application P5 VI.A. 1 RESOLUTION NO. __ (SERIES OF 2017) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A RESIDENTIAL DESIGN STANDARD VARIATION FOR THE PROPERTY LOCATED AT 303 W. HOPKINS AVE., LEGALLY DESCRIBED AS: LOT 2, BLOCK 46 SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JULY 25, 1990 IN PLAT BOOK 24 AT PAGE 48 AS RECEPTION NO. 324662, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 2735-124-75-001 WHEREAS, the Community Development Department received an application from William E. Connor Trust (Applicant), represented by Stan Clauson Associates, Inc., requesting the Planning and Zoning Commission approve a Residential Design Standard Variation at 303.W. Hopkins Avenue; and, WHEREAS, pursuant to Chapter 26.410.020.D of the Land Use Code approval for a Residential Design Standard Variation may be granted by the Planning and Zoning Commission at a duly noticed public hearing; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Director recommended denial of the application; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the proposal under the applicable provisions of the Municipal Code, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS, the 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, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the request for a Residential Design Standard Variation from the Articulation of Building Mass standard, and as depicted in Exhibit 1. The Planning and Zoning Commission has found the proposed design to meet the requirements of the review criteria for a Residential Design Standard variation. A. Conditions of Approval. This approval does not exempt the project from compliance with applicable zoning regulations of the City of Aspen’s Land Use Code, including, but not limited to Section 26.575.020, Calculations and Measurements. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded are hereby incorporated in such plan P6 VI.A. 2 development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not affect 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 Planning and Zoning Commission of the City of Aspen on this 18th day of July, 2017. __________________________________ Skippy Mesirow, Chairman APPROVED AS TO FORM: _________________________________ Andrea Bryan, Assistant City Attorney ATTEST: _________________________________ Nicole Henning, Deputy City Clerk Exhibit 1: Approved plans for RDS variation (recorded) P7 VI.A. Exhibit A – Residential Design Standard Variances 303 W. Hopkins Ave. Page 1 of 2 26.410.030. Single-family & duplex standards A. Applicability. Unless stated otherwise below, the design standards in this section shall apply to all single-family and duplex development. B. Location and Massing. 1. Articulation of Building Mass (Non-flexible). a) Applicability. This standard shall apply to all lots except: (1) Lots outside of the Aspen Infill Area. b) Intent. This standard seeks to reduce the overall perceived mass and bulk of buildings on a property as viewed from all sides. Designs should promote light and air access between adjacent properties. Designs should articulate building walls by utilizing multiple forms to break up large expansive wall planes. Buildings should include massing and articulation that convey forms that are similar in massing to historic Aspen residential buildings. This standard is critical in the Infill Area where small lots, small side and front setbacks, alleys and historic Aspen building forms are prevalent. Designs should change the plane of a building’s sidewall, step a primary building’s height down to one-story in the rear portion or limit the overall depth of the structure. c) Standard. A principal building shall articulate building mass to reduce bulk and mass and create building forms that are similar in scale to those seen in historic Aspen residential buildings. d) Options. Fulfilling at least one of the following options shall satisfy this standard: (1) Maximum Sidewall Depth. A principal building shall be no greater than fifty (50) feet in depth, as measured from the front-most wall of the front façade to the rear wall. An accessory building that is completely separated from the main building is permitted. Garages, sheds and accessory dwelling units are examples of appropriate uses for an accessory building. See Figure 5. Figure 5 P8 VI.A. Exhibit A – Residential Design Standard Variances 303 W. Hopkins Ave. Page 2 of 2 Staff Finding: The length of the sidewall measurement of the addition on the north side yard setback is 60’7” long. This is 10’7” in excess of what is permitted by this standard. The addition would increase the appearance of massing and bulk along the north lot line and is in conflict with the intent of the massing standard which “seeks to reduce the overall perceived mass and bulk of buildings on a property as viewed on all sides.” Staff finds that there is no site specific constraint or neighborhood pattern to support this variance. Staff finds that neither criterion 26.410.020.D.2.a or is 26.410.020.D.2.b is met for this Standard. P9 VI.A. P10VI.A. P11VI.A. P12VI.A. P13VI.A. P14VI.A. P15VI.A. P16VI.A. P17VI.A. P18VI.A. P19VI.A. P20VI.A. P21VI.A. P22VI.A. P23VI.A. P24VI.A. P25VI.A. P26VI.A. P27VI.A. P28VI.A. P29VI.A. P30VI.A. P31VI.A. P32VI.A. P33VI.A. P34VI.A. P35VI.A. P36VI.A. P37VI.A. P38VI.A. P39VI.A. P40VI.A. P41VI.A. P42VI.A. P43VI.A. P44VI.A. P45VI.A. P46VI.A. P47VI.A. P48VI.A. P49VI.A. P50VI.A. P51VI.A. P52VI.A. P53VI.A. P54VI.A. P55VI.A. P56VI.A. P57VI.A. P58VI.A. P59VI.A. P60VI.A. P61VI.A. P62VI.A. P63VI.A. ALTA COMMITMENT Old Republic National Title Insurance Company Sch edu l e A Order Number: Q62008407 Property Address: 303 W HOPKINS AVENUE, ASPEN, CO 81611 1. Effective Date: 05-12-2017 At 5 :00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured : TO BE DETERMINED Customer Ref-Loan No.: $0.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: WILLIAM E. CONNOR, II, TRUSTEE OF THE WILLIAM E . CONNOR, II LIVING TRUST DATED AUGUST 20, 1991 5. The Land referred to in this Commitment is described as follows: LOT 2, BLOCK 46 SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JULY 25, 1990 IN PLAT BOOK 24 AT PAGE 48 AS RECEPTION NO. 324662, COUNTY OF PITKIN, STATE OF COLORADO. Copyright 2006-2017 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date ~ of use. All other uses are prohibited. Reprinted under license from the American Land Title Association . P64 VI.A. P65VI.A. P66VI.A. P67VI.A. P68VI.A. P69VI.A. P70VI.A. P71VI.A. P72VI.A. P73VI.A. P74VI.A. P75VI.A. P76VI.A. P77VI.A. P78VI.A.