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AGE N D A
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ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
October 3, 1995, Tuesday
4:30 P.M.
3rd Floor Meeting Room
Courthouse Plaza, 530 E. Main st.
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I. COMMENTS
commissioners
Planning Staff
Public
II. MINUTES
III. INFORMATION ITEM
IV.
PUBLIC HEARINGS
A. 820 E. Cooper Landmark Designation, Amy Amidon
B. Small Lodge Text Amendments, cindy Houben & Amy
Amidon (Table to 11/7)
C. Ordinance 30 Text Amendments, Amy Amidon, Dave
Michaelson & Stan Clauson
V. ADJOURN
MEMORANDUM
TO: Aspen Planning and zoning commission
FROM: Suzanne Wolff, Administrative Assistant
RE: Upcoming Agendas
DATE: October 3, 1995
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October 17 - Regular meeting
GIS Code Amendments (ML)
November 7 - Regular Meeting
Shadow Mountain (ML)
Small Lodge Text Amendments (CH/AA)
a. nex
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Deputy Director
DATE: October 3, 1995
RE: Information Item - Hunter Street Pub, Insubstantial
Amendment to a Conditional Use
SUMMARY: Staff presents this insubstantial amendment to the
Planning and Zoning Commission as an information item due to the
conditions of approval placed upon the Pub during the conditional
use approval of 1993. If the Commission disagrees with staff this
item will be scheduled on a future agenda for discussion.
The Hunter Street Pub received a conditional use approval to
operate a restaurant and pub in the C-1 zone district. The
approval was granted with five conditions. Please see Resolution
93-39.
The owners,. Susie and David Goldberg, have the opportunity to
expand into the adjacent retail space which used to be a gallery.
The primary purpose for expansion is to set up a keg beer system
which requires a significant amount of space for the kegs, storage
of other items and the sale of micro -brew beer paraphernalia. In
addition the Goldberg's have formed a partnership with two
individuals that have worked for them in the past. Please see
letter dated September 21, 1995.
Although the Goldberg's intended to operate an adjunct of the
Silver City Grill and have food preparation on site together with
a bar operation, the Pub has become primarily a beer drinking
establishment that specializes in micro -brew beer.
INSUBSTANTIAL AMENDMENT: A conditional use may be amended at
either the planning staff level or by the Planning and Zoning
Commission. Pursuant to 24-7-308 the following criteria for an
insubstantial amendment are:
1. The change will not cause negative impacts on pedestrian and
vehicular traffic circulation, parking or noise;
RESPONSE: The expansion is into an existing retail space of
approximately 360 square feet. Approximately 140 square feet will
be used for a keg beer system and the retail space will be reduced
to 156 square feet. The keg system will replace the extensive use
of bottled beer thereby reducing the amount of delivery trips.
2. The change will not substantially affect the tourist or local
orientation of the conditional use:
RESPONSE: The Hunter Street pub has become a popular local venue.
The expansion of the pub eliminates a primarily tourist oriented
retail use for a local oriented and locally owned business.
3. The change will not affect the character of the neighborhood
in which the use is located;
RESPONSE: The character of the neighborhood is retail with a
mixture of restaurants, small retail shops and some offices.
Expansion of the pub will not change the low-key local oriented
nature of the area.
4. The change will not increase the use's employee base or the
retail square footage in the structure;
RESPONSE: During review of the conditional use for the Pub, it was
determined that 3-5 employees were generated during the previous
use of the space which was a beauty salon. Currently the Pub is
operated by one full time employee. The Kane Gallery, which is the
proposed expansion space, used 1.5 full-time employees. It is
anticipated that the proposed Pub expansion will generate an
additional .5 full-time employees. Therefore, operation of the Pub
totals 1.5 full time employees whereas the previous uses of the
space generated 4.5 employees.
The expansion will not increase the retail square footage of the
building and with the need for storage will decrease the commercial
net leasable space.
5. The change will not substantially alter the external visual
appearance of the building or its site.
RESPONSE: The change to the Pub will be internal only.
DISCUSSION: Due to the nature of the expansion and the minimal
affect of the expansion on the character of the neighborhood and
the.building, staff finds that this change to the conditional use
is insubstantial in nature. However, the specific conditions of
approval from the conditional use approval require that "any
increase to the size of the restaurant... or "change in tenancy for
the additional space" shall be reviewed by the Planning and Zoning
Commission.
Therefore staff has brought this insubstantial change to your
attention as an information item. If the Planning and Zoning
Commission does not believe that this is an insubstantial
amendment, staff will reschedule this item at a latter agenda.
K
However, staff recommends approval of the insubstantial amendment
to the approved conditional use with the following conditions:
1. The ramp to the lower floor of the building must remain
accessible during all seasons and hours of operation.
2. This amendment to the 1993 conditional use approval does not
negate the conditions of approval that were placed upon the
conditional use that was granted by the Planning and Zoning
Commission November 16, 1993.
3. This insubstantial amendment shall enable a 360 square foot
expansion of the Hunter Street. Pub into the adjacent commercial
space with 156 square feet of net leasable retail space.
ATTACHMENTS:
A. P&Z Resolution #93-39
B. Applicant's Proposal
3
A
+ � EXHIBIT A
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION .FOR
CONDITIONAL USE APPROVAL OF A BAR/SANDWICH ADJUNCT TO THE SILVER
CITY GRILL LOCATED AT 308 SOUTH HUNTER STREET, ASPEN COLORADO
Resolution No. 93- -:Z 4C
WHEREAS, the applicants, Susan and David Goldberg, have
submitted an application to convert a beauty salon space into a
s
bar/restaurant space as an expansion of the existing Silver City
Grill restaurant located in the same building; and
WHEREAS, pursuant to Section 24-5-2.10 a restaurant is a
conditional use in the C-1 zone district requiring a public
hearing; and
WHEREAS, the Planning and Zoning Commission (herein after the
"Commission") held a public meeting October 19, 1993; and
WHEREAS, the Commission
found that the proposed conversion
would not enhance the mixture of uses in the immediate vicinity
primarily because of existing trash problems and potential delivery
problems; and
WHEREAS, the applicants relocated the trash dumpsters out of
the public alley and resubmitted their application for review; and
WHEREAS, the Commission held a public meeting on November 16,
1993; and
WHEREAS, the Planning staff recommended approval of the
revised application with conditions; and
WHEREAS, the Commission reviewed the conditional use and found
the proposal consistent with the goals of the City of Aspen to
encourage local oriented business; and
1,
WHEREAS, the Commission amended the conditions of approval to
f
i {
reflect that the approval was for an expansion of the existing
restaurant.
NOW, THEREFORE BE IT RESOLVED by the Commission that it does
hereby approve the conditional use for the conversion of the L.A.
Salon to a restaurant as an expansion of the Silver City Grill
located at 308 South Hunter Street with the following conditions:
1. The Environmental Health Department shall review food
preparation plans and shall inspect the site prior to the issuance
of a Certificate of Occupancy.
2. Prior to the issuance of any building permits the trash
dumpsters and.grease containers shall be covered and enclosed as
recommended by BFI and maintained on the property of 308 South
Hunter.
3. All representations made in the application and at the public
hearing shall be followed.
4. Any increase in the size of the restaurant or any additional
installation of cooking equipment, including venting shall require
a substantial amendment to this conditional use to be reviewed by
the Commission.
5. This conditional use represents an expansion of an additional
600 gross square feet for Silver City Grill only. Any change in
use, change in ownership, and/or change in tenancy for the
additional space shall require a substantial conditional use review
by the Planning and Zoning Commission.
6. A dumbwaiter or similar facility is not required in the
additional space at this time because this is an expansion of the
Silver City Grill operation.
APPROVED by the Commission at its regular meeting on November
16, 1993.
Attest• Planning nd Zoni Commission:
Jan ai�ey, Deputy; ity Clerk Bruce Kerr, Chairman
G
Date Signed �11�Iq4 Date Signed
Si
EXHIBIT B
J uUnter 6treet vub
308 S. Hunter Street
Aspen, Colorado
(970)925-6698
TO: Leslie Lamont
Planning & Zoning
DATE: September 21, 1995
RE: Expansion of Hunter Street Pub
308 S. Hunter Street, Aspen
The space formally known as the Pamela Kane Gallery has become available. The Hunter
St. Pub's viability as a local orientated business would be greatly enhanced with the
acquisition of this 360 square foot space.
We need the additional space for several reasons beginning with our desire to replace the
bottle beer concept with a draft beer system. The draft beer system will require an interior
refrigerated space of approximately 140 square feet (see proposed floorplan).
We also propose to sell beer paraphernalia, such as, specialty beer T-shirts, sweatshirts,
hats, mugs & posters. We will need display and storage space for these items.
The original building design had intended the use of the "gallery" and pub space as one.
There is only one electrical meter and electrical panel box for both businesses.
The following statements address the previous P & Z concerns regarding impact from
conditional use businesses.
1. DELIVERIES.
Selling primarily draft beer will reduce deliveries.
We will be able to reduce deliveries from three times a week to one time per week. Draft
beer can be delivered in greater quantities, taking longer to consume. A proposed
refrigerated storage area also reduces the need for increased deliveries.
T-shirts, etc. will be ordered every 2 months.
2. TRASH.
Draft beer is completely recyclable.
Kegs are delivered and kegs are returned to be refilled. We will reduce the trash to almost
zero by converting our business from bottled beers to primarily keg beers.
We will eliminate the cardboard cartons used to transport bottled beers.
page 2
3. EMPLOYEES.
There will be NO additional employees,
We were allocated 3 full time employees for the Pub in 1993. We operate the Pub with
only ONE (1) FTE. The Kane Gallery operated its business with 1.5 FTE. We propose to
operate a retail/storage end of the business with .5 FTE.
Employees are reduced by working partners. There will always be an owner -operator
working during business hours.
David and Susan Goldberg are to remain owners with the addition of partners, Ty Storlie
(a current Pub bartender) and Brian McShane. This is an opportunity for more locals to
own a business in Aspen.
The additional gallery space of 360 square feet is divided as follows:
Retail Storage Space - 64 square feet
Refrigerated Storage Space - 140 square feet
With a total of 204 square feet of storage space this leaves 156 square feet for retail
displays, working space and customer purchasing area. Please see attached drawing.
4. AREA IMPACT/PARKING.
Business hours do not change.
5. LOCAL BUSINESS.
Prices will continue to be affordable.
Specialty draft beer can be sold as a less expensive product than bottled beer.
The business will continue to be open year round as a neighborhood pub.
T-shirts, etc. will be purchased from other local businesses.
6. CHANGES.
We agree to come before the board for any future changes in use or ownership.
This letter is a courtesy to the P & Z as to the intent of our expansion. We feel that the
board's previous approval for change in conditional use as the Pub allows such an
expansion. Furthermore, the addition of retail space to our business is already an
approved use.
Thank you for your time andnsideration.
,r
Susan Goldberg / "G
David Goldberg
Ty S torlie
Brian McShane
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Amy Amidon, Historic Preservation Officer
RE: 820 E. Cooper Avenue- Landmark Designation, PUBLIC HEARING
DATE: October 3, 1995
SUMMARY: The applicant requests approval for historic landmark designation.
The site contains a miner's cottage and a non -historic shed.
APPLICANT: Wes and Susan Anson, represented by Jake Vickery.
LOCATION: 820 E. Cooper Avenue; Lot P, Block 111, City and Townsite of
Aspen.
HISTORIC LANDMARK
Section 7-702. Standards for designation. Any structure that meets two or
more of the following standards may be designated "H," Historic Overlay District,
and/or Historic Landmark. It is not the intention of HPC to landmark insignificant
structures or sites. HPC will focus on those which are unique or have some
special value to the community:
A. Historical Importance: The structure or site is a principal or secondary
structure or site commonly identified or associated with a person or event of
historical significance to the cultural, social, or political history of Aspen, the
State of Colorado, or the United States.
Response: This standard is not met.
B. Architectural Importance. The structure or site reflects an architectural
style that is unique, distinct or of traditional Aspen character, or the structure or
site embodies the distinguishing characteristics of a significant or unique
architectural type (based on building form or use), or specimen.
Response: This building is a typical example of a gable end miner's cottage.
From the Sanborne Fire Insurance maps of 1904, the house appears to be in it's
original configuration with one early addition and two later additions at the rear.
There is little detailing, however the house seems to retain original materials and
windows.
C. Designer. The structure is a significant work of an architect or designer
whose individual work has influenced the character of Aspen.
Response: This standard is not met.
D. Neighborhood Character. The structure or site is a significant component
of an historically significant neighborhood and the preservation of the structure
or site is important for the maintenance of that neighborhood character.
Response: There are relatively few remaining 19th century structures in the
east end of town and only two historic landmarks. It is important to retain and
preserve structures such as this one as examples of the earlier character of the
neighborhood.
E. Community Character. The structure or site is critical to the preservation of
the character of the Aspen community because of its relationship in terms of
size, location and architectural similarity to other structures or sites of historical
or architectural importance.
Response: The structure is representative of the modest scale, style, and
character of homes constructed in the late 19th century, Aspen's primary period
of historic significance.
In addition, this house is located on Highway 82 and is important to the
perception of the character of the community when entering town.
RECOMMENDATION: Staff and HPC recommend P&Z approve landmark
designation of 820 E. Cooper Avenue.
RECOMMENDED MOTION: "I move to approve landmark designation of 820 E.
Cooper Avenue, Lot P, Block 111, finding that standards B, D, and E are -met."
Exhibits:
A. Photograph of 820 E. Cooper Avenue.
B. Historic Inventory form for 820 E. Cooper Avenue.
Exhibit "A"
HISTORIC ARCHITECTURAL BUILDING/STRUCTURE FORM
State Site Number:
Photo Information:
ASP-0-1 and 3
Local Site Number: 820.EC
Township 10 South Range 84 West Section 18
USGS Quad Name Aspen Year 1960 X 7.5' 15'
Building or Structure Name: None
Full Street Address: 820 East Cooper
Legal Description: Lot P, Block 111
East Aspen Townsite
City Aspen County Pitkin
Historic District or Neighborhood Name: East End
Owner: Private/State/Federal Private
Owner's Mailing Address:
ARCHITECTURAL DESCRIPTION
Building Type: Residential
Architectural Style: Single Gabled Miner's Cottage
Dimensions: L: 50 x W: 20 = Square Feet: Approximately 1,000
Number of Stories: 1 story
Building Plan (Footprint, Shape):
Landscaping or Special Setting Features: Fence in the front
Associated Buildings, Features or Objects - Describe Material and
Function (map number / name): Outbuilding to rear, approximately
1930-50, vertical board and batten; shed roof 20' X 201, not con-
sidered significant
For the following categories include materials, techniques and styles in
the description as appropriate:
Roof: Single gable; asphalt shingles
Walls: Original clapboard siding, old gable addition last 10'
asbestos siding
Foundation / Basement: Concrete foundation and basement
Chimney(s): 1 original brick, corbeled; at center of house
Windows: One -over -one wood double hung with simple wood lintel at
front; two -over -two double hung with simple wood lintel on side
Doors: Transom, 3 horizontal light with wood panel with simple
wood lintel
Porches: None
General Architectural Description: Vernacular single gable miner's
cottage; 10:12 roof pitch, center door with narrow double hung window
on each side; very little detailing.
Exhibit "B"
Page 2 of 2
State Site Number
Local Site Number 820.EC
FUNCTION ARCHITECTURAL HISTORY
Current Use: Residential Architect: Unknown
Original Use: Residential Builder: Unknown
Intermediate Use: Residential Construction Date: 1880's
Actual X Estimate _ Assessor
Based On:
MODIFICATIONS AND/OR ADDITIONS
Minor X Moderate Major Moved
Describe Modifications and Date:
Additions and Date:
Date
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
Key Local Rating and Landmark Designation
Significant: Listed on or is eligible for ,National Register
Contributing: Resource has maintained historic or
architectural integrity.
O Supporting: Original integrity lost due to alterations,
however, is "retrievable" with substantial effort.
Locally Designated Landmark
Justify Assessment:
Associated Contexts and Historical Information: The significance of
this residential structure is not of those who owned it or lived in it
nor of its architecture, although this structure is representative of
Aspen's Mining Era. This structure is of historical importance by
illustrating the family/home environment and lifestyle of the average
citizen in Aspen which was then dominated by the silver mining
industry.
Other Recording Information
Specific References to the Structure/Building: Pitkin County Court-
house Records; Sanborn and Sons Insurance Maps
Archaeological Potential: N (Y or N) Justify:
Recorded By: Georgeann Waggaman Date: August, 1990
Affiliation: _ Aspen Historic Preservation Committee - City of Aspen
Project Manager: Roxanne Eflin, Historic Preservation Off icer/Planner
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Deputy Director
DATE: October 3, 1995
RE: Small Lodge Text Amendments - Continue Public Hearing
SUMMARY: Staff had planned upon presenting to the P&Z recommended
text amendments that would affect the LP zone district and the
operation of small lodges. HOwever, many lodges owners will not
be in town on Oct. 3 and have requested continuing the public
hearing.
Staff recommends continuation of the public hearing to November 7,
1995.
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Leslie Lamont, Deputy Director
FROM: Dave Michaelson, Planner
RE: Ordinance 30 Amendments
DATE: October 3,1995
Summary: Based on both staff and applicant response to the implementation of Ordinance 30 and
the Design Guidelines process, staff has drafted a series of proposed amendments. The majority of
these changes are for clarification and streamlining purposes, and do not modify the intent of the
provisions of Ordinance 30.
Following are specific sections of the code proposed to be changed by staff, in "redline" format,
with a brief explanation of the rationale for each change.
......................................................................................................................................................
Article 3. Definitions
Section 3-101. Definitions as used in this chapter
Floor Area means ..... In measuring floor areas for floor area ratio, the following applies:
ref;e of a If a driveway to a garage can be is below the natural grade within the required front
setback the resultiniz cut cannot exceed two (2) feet in depth, measured from natural grade.
(Rationale: The majority of lots that require cuts have topographic constraints that were apparent at
the time of subdivision approval. By amending this section to require review of cuts exceeding two (2)
feet in depth, only proposed driveway excavations that have the most significant visual impacts will
require review by staff or DR,4C.)
Accessory dwelling unit or linked pavilion. For the purpose of calculating floor area ratio and allowable
floor area for a lot whose principal use is residential, the following shall apply: The allowable floor area
of an attached accessory dwelling unit shall be excluded up to a maximum of two hundred fifty (250)
square feet of allowable floor area or fifty percent of the size of the accessory dwelling unit whichever is
less. An accessory dwelling unit separated from a principle structure by a distance of no less than -fifteen
(15) feet- ten (10) feet, with a maximum footprint of four hundred fifty (450) square feet, shall be
calculated at fifty percent of allowable floor area up to seven hundred (700) square feet of floor area. Any
element linking the principal structure to the accessory unit may be no more than one (1) story tall, six (6)
feet wide and ten (10) feet long.
(Rationale: This change is necessary due to conflicting definitions for linking pavilion within
Ordinance 30. Staff has taken the more restrictive interpretation.)
Height means the maximum possible distance, as defined in underlying zoning, from the natural grade or
finished grade, whichever is lower, at the exterior perimeter of a building to the highest point or structure
within a single vertical plane.
(Rationale: The reference to underlying zoning clarifies that Ordinance 30 changes only the
METHOD of calculating height, not the maximum height allowed in a zone district)
Linked Pavilion means an enclosed walkway which provides a connection between a principal and an
accessory structure, which may be no more than one (1) story tallsix (6) feet wide and ten (10) feet long
(Rationale: Brings definition and hulk restrictions into consistency with other applicable portions of
Ordinance 30)
Volume. Floor area ratio and allowable floor area for a residential building or portion thereof shall
include a calculation based on the relationship between every instance of the exterior expressions and
interior plate heights.
leis. All interior areas that include exterior expression of a plate height greater than 10 (ten ) feet,
shall be counted as two (2) square feet per each square footage of actual oPfloor area. Exterior expression
shall be defined as facade penetrations between nine (9) and twelve (12) feet above the elevation of the
finished floor, and circular, semi -circular or non -orthogonal fi sestfa,;,.,, facade penetrations between
nine (9) and fifteen (15) feet above the level of the finished floor.
(Rationale: Provides clarification to a definition that has been confusing to hoth staff and the puhlic.)
....................................................................................................................................................
DIVISION 5. DESIGNREVIEWAPPEAL-BOARD COMMITTEE I
(All references to "Board" shall be changed to Committee in Sections 4-501, 4-502, 4-503, 4-504, 4-505,
4-506, and 4-507)
Section 4-507. Meetings, hearings as and procedure.
A. Meetings of the Design Review Appeals Bed- Committee shall be held on the second
Tffesd Thursday of each month when necessary. Special meetings may be called by the chairperson,
the vice -chairperson when the chairperson is absent, or in writing by three (3) members of theme
Committee.
B. All meetings of the Design Review Appeals Bsafd- Committee shall be open to the public,
and project sites for specific appeals shall be re uired
to post the property at least five (5) days prior to the hearing before the Committee
(Rationale: DRAB was perceived as an unfortunate acronym... and noticing has been an issue for the
Design Review Appeals Board. In addition, the date has been changed based on scheduling conflicts
with committee members who also serve on HPC and P&Z.)
........................................................................................................................................................
ARTICLE 7. DEVELOPMENT DESIGN STANDARDS
Division 3. Residential Design Standards
Section 7-301 General
D. Exemptions: No application for a residential development order shall be exempt for the
provisions of this Section unless the Planning Director determines that the proposed development:
2
a. adds floor area but does not alter the exterior of an existing structure;- *d
b. is an addition or remodel of an existing structure that does not change the exterior of the
building; and
C. repair of existing architectural features, replacement of architectural features when
found necessary for the preservation of the structure and similar remodeling activities which
create no change to the exterior appearance of the structure and have no impact on its character.
(Rationale: The current language requires ALL projects that need a building permit to undergo
Ordinance 30 review. This provides an exemption for specific projects clearly outside of the intent of
the Ordinance)
E. Minor Development.
Definition, Minor Development, as applicable to the Design Review Standards shall be defined
as follows:
a. Erection of an awning canopy, sign, fence or other similar attachments to or accessory
features of a structure',
b. Remodeling of a structure where alterations are made to not more than one element of the
structure, including but not limited to a roof, window, door, skylight ornamental trim siding,
kickplate, dormer, porch, staircase, and balcony;
c. Expansion or erection of a structure, wherein the increased floor area of the structure is two
hundred fifty (250) square feet or less,
d. Erection or remodeling of combinations of no more than three (3) of the following features,•
awnings, canopies, signs, fences, and other similar attachments • or windows doors skylights
and dormers. Erection of more than three (3) features may be defined as minor if there is a
finding that the cumulative impact of such development is minor in its effect on the character of
the structures.
F. Maior Development.
Definition. Major Development, as applicable to the Design Review Standards shall be defined
as follows:
a. Erection or remodeling or combinations of any single feature of a structure which has not
been determined to be minor-,
b. Expansion or erection of a structure wherein the increase in floor area of the structure in more
than two hundred fifty(250) square feet, and
c. Construction of a new residential structure within the City of Aspen.
(Rationale: Current submittal requirements for Ordinance 30 review are not sensitive to the nature of
the proposed project. For example, the submittals are identical for installing a skylight and a new
structure. The definitions for minor and major development are similar to HPC guidelines, with
minor revisions)
Section 7-302. Procedure
Pursuant to Section 6-201. Pre application Conference. An applicant shall conduct a pre -application
conference with staff of the planning division of the Community Development Department. At the
conference the planner shall make a determination if the project is a major or minor development as
defined in Section 7-301. The planner shall provide mrthe appropriate application packet which shall
include the Submission Requirements of the Administrative Checklist and any other pertinent land use
material.
(Rationale: This revision would allow a staff planner to make a determination between major and
minor development, and the submittal requirements would be revised and given to the applicant at the
pre -application conference.)
Section 7-304. Residential Design Standards
4. Primary Mass
A primary mass is a building volume for which two of the following characteristics do
not vary; plate height, ridge height, wall plane. The floor area of a primary mass in
excess of 70% of total allowable floor area shall be multiplied by 1.25. Incidental
exterior expressions that break a roof or wall plane such as dormers or bay windows are
not considered as changing a plate height, ridge height or wall plane
(Rationale: Although it hasn't happened, staff is concerned that the definition does not precisely
prohibit incidental expressions from being used to satisfy the intent of breaking up primary mass.)
6. a. Accessory dwelling unit or linked pavilion. For the purposed of calculating for floor
area ratio and allowable floor area for a lot whose principal use is residential, the
following shall apply: The allowable floor area of an attached accessory dwelling unit
shall be excluded up to a maximum of two hundred fifty (250) square feet of allowable
floor area or fifty percent of the size of the accessory dwelling unit whichever is less.
An accessory dwelling unit separated from a principle structure by a distance of no less
than fftee„ " 5) f et ten (10) feet with a maximum footprint of four hundred 450
square feet, shall be calculated at fifty percent of allowable floor area up to seven
hundred (700) square feet of floor area. Any element linking the principal structure to
the accessory unit may be no more than one (1) story tall, six (6) feet wide and ten (10)
feet long.
((Rationale: Brings definition and bulk restrictions into consistency with other applicable portions of
Ordinance 30.)
.........................................................................................................................................................
STAFF RECOMMENDATION: To approve the proposed amendments to Ordinance 30 and refer
to City Council.
RECOMMENDED MOTION: "I move to recommend to City Council approval of the proposed
amendments to Ordinance 30, as described in the staff report".
Attachments: Resolution 95 -
4
Resolution No. 95-
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING TO THE ASPEN CITY COUNCIL AMENDMENTS TO THE ASPEN
MUNICIPAL CODE REGARDING THE FOLLOWING SECTIONS:
24-3-101 Definitions: Floor Area, Accessory Dwelling Unit and Linked Pavilion, Height, Linked
Pavilion and Volume
Section 24-4-501, 24-4-502, 24-4-503, 24-4-504, 24-4-505, 24-4-506 and 24-4-507 Design Review
Appeals Committee, Meeting Schedule and Public Noticing Requirements
Section 24-7-304 Residential Design Standards, Definition Clarification for Primary Mass and Accessory
Dwelling Unit or Linked Pavilion
Whereas, the Planning Office, the Planning and Zoning Commission, the City Council and Citizens of
Aspen have, through the implementation of the Residential Design Guidelines pursuant to the adoption of
Ordinance 30, Series of 1995, realized the need to amend sections of the Code in order to clarify,
streamline, and remove internal conflicts; and
Whereas, the Planning Office has compiled a list of needed amendments to Ordinance 30, Series of 1995
to present to the Planning and Zoning Commission and City Council to review; and
Whereas, Section 24-7-1103 of the Aspen Municipal Code provides that amendments to Chapter 24 of
the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for approval by the
Planning Director and then by the Planning and Zoning Commission at a public hearing, and then
approved, approved with conditions, or disapproved by the City Council at a public hearing; and
Whereas, the Planning and Zoning Commission reviewed the proposed amendments and did conduct a
public hearing on October 3rd, 1995; and
Whereas, upon review and consideration of the text amendments, agency and pubic comment thereon,
and those applicable standards as contained in Chapter 24 of the Aspen Municipal Code, to wit, Division
11 of Article 7 (Text Amendments), the Planning and Zoning Commission recommends approval of the
text amendments recommended by the Planning Director pursuant to procedure as authorized by Section
24-6-205 (A) (5) of the Aspen Municipal Code; and
Whereas, the Planning and Zoning Commission finds that the text amendments meet or exceed all
applicable development standards and is consistent with the goals and elements of the Aspen Area
Community Plan; and
Whereas, the Planning and Zoning Commission finds that these amendments further and are necessary
for public health, safety and welfare and the proposed text amendments clarify, streamline and are
consistent with the intent of Ordinance 30, Series of 1995 and the intent of Chapter 24 of the Aspen
Municipal Code.
NOW, THEREFORE BE IT RESOLVED by the Commission that it does hereby adopt Resolution No.
95 - _, amending the Municipal Code of the City of Aspen.
AND, NOW, THEREFORE BE IT RESOLVED by the Commission that it does hereby recommend to
the City Council of the City of Aspen approval of Resolution No. 95-
AND NOW THEREFORE BE IT FINALLY RESOLVED by the Commission that it does hereby
recommend the following amendments to the Aspen Municipal Code:
Section 3-101. Definitions as used in this chapter
Floor Area means ..... In measuring floor areas for floor area ratio, the following applies:
No periierref a If a driveway to a garage eim be is below the natural grade within the required front
setback the resulting cut cannot exceed two (2) feet in depth , measured from natural grade.
Accessory dwelling unit or linked pavilion. For the purpose of calculating floor area ratio and allowable
floor area for a lot whose principal use is residential, the following shall apply: The allowable floor area
of an attached accessory dwelling unit shall be excluded up to a maximum of two hundred fifty (250)
square feet of allowable floor area or fifty percent of the size of the accessory dwelling unit whichever is
less. An accessory dwelling unit separated from a principle structure by a distance of no less than-fifleeff
(15)-fee+ ten (10) feet, with a maximum footprint of four hundred fifty (450) square feet, shall be
calculated at fifty percent of allowable floor area up to seven hundred (700) square feet of floor area. Any
element linking the principal structure to the accessory unit may be no more than one (1) story tall, six (6)
feet wide and ten (10) feet long.)
Height means the maximum possible distance, as defined in underlying zoning, from the natural grade or
finished grade, whichever is lower, at the exterior perimeter of a building to the highest point or structure
within a single vertical plane.
Linked Pavilion means an enclosed_walkwav which provides a connection between a principal and an
accessory structure, which may be no more than one (1) story tall, six (6) feet wide, and ten (10) feet long_
Volume. Floor area ratio and allowable floor area for a residential building or portion thereof shall
include a calculation based on the relationship between every instance of exterior expressions and interior
plate heights.
heigh4s. All interior areas that include exterior expression of a plate height greater than 10 (ten ) feet,
shall be counted as two (2) square feet per each square foot of actual e&floor area. Exterior expression
shall be defined as facade penetrations between nine (9) and twelve (12) feet above the elevation of the
finished floor, and circular, semi -circular or non -orthogonal f t+a4;,.,, facade penetrations between
nine (9) and fifteen (15) feet above the level of the finished floor.
DIVISION S. DESIGNREVIEWAPPEAL-WARD COMMITTEE
(All references to "Board" shall be changed to Committee in Sections 4-501, 4-502, 4-503, 4-504, 4-505,
4-506, and 4-507)
Section 4-507. Meetings, hearings as and procedure.
A. Meetings of the Design Review Appeals Bed- Committee shall be held on the second
Tuesd Thursday of each month when necessary. Special meetings may be called by the chairperson,
the vice -chairperson when the chairperson is absent, or in writing by three (3) members of the
Committee.-
B. All meetings of the Design Review Appeals Beal- Committee shall be open to the public,
and project sites for specific appeals shall be required
to post the .property at least five (5) days prior to the hearing before the Committee.
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ARTICLE 7. DEVELOPMENT DESIGN STANDARDS
Division 3. Residential Design Standards
Section 7-301 General
D. Exemptions: No application for a residential development order shall be exempt for the
provisions of this Section unless the Planning Director determines that the proposed development:
a. adds floor area but does not alter the exterior or an existing structure;-
b. is an addition or remodel of an existing structure that does not change the exterior of the
building; and
C. repair of existing architectural features, replacement of architectural features when
found necessary for the preservation of the structure, and similar remodeling activities which
create no change to the exterior appearance of the structure and have no impact on its character.
E. Minor Development.
Definition. Minor Development, as applicable to the Design Review Standards, shall be defined
as follows:
a. Erection of an awning_canopL sign, fence or other similar attachments to, or accessory
features of a structure
b. Remodeling of a structure where alterations are made to not more than one element of the
structure, including but not limited to a roof, window, door, skylight, ornamental trim, siding
kickplate, dormer, porch, staircase, and balcony;
c. Expansion or erection of a structure, wherein the increased floor area of the structure is two
hundred fifty (250) square feet or less;
d. Erection or remodeling of combinations no more than three (3) of the following features,•
awnings, canopies, signs, fences, and other similar attachments„ or windows, doors, sklights
and dormers. Erection of more than three (3) features may be defined as minor if there is a
finding that the cumulative impact of such development is minor in its effect on the character of
the structures.
F. Maior Development.
Definition. Maim Development, as applicable to the Design Review Standards, shall be defined
as follows:
a. Erection or remodeling or combinations of any single feature of a structure which has not been
determined to be minor;
b. Expansion or erection of a structure wherein the increase in floor area of the structure is more
than two hundred fifty (250) square feet; and
c. Construction of a new residential structure within the City of As en.
Section 7-302. Procedure
Pursuant to Section 6-201. Pre application Conference. An applicant shall conduct a pre -application
conference with staff of the planning division of the Community Development Department. At the
conference the planner shall make a determination if the project is a major or minor development as
defined in Section 7-301. The planner shall provide the appropriate application packet which shall
include the Submission Requirements of the Administrative Checklist and any other pertinent land use
material.
Section 7-304. Residential Design Standards
4. Primary Mass
A primary mass is a building volume for which two of the following characteristics do
not vary; plate height, ridge height, wall plane. The floor area of a primary mass in
excess of 70% of total allowable floor area shall be multiplied by 1.25. Incidental
exterior features that break a roof or wall plane such as dormers or bay windows are not
considered as changing_a plate height, ridge height or wall plane.
6. a. Accessory dwelling unit or linked pavilion. For the purposed of calculating for floor
area ratio and allowable floor area for a lot whose principal use is residential, the
following shall apply: The allowable floor area of an attached accessory dwelling unit
shall be excluded up to a maximum of two hundred fifty (250) square feet of allowable
floor area or fifty percent of the size of the accessory dwelling unit whichever is less.
An accessory dwelling unit separated from a principle structure by a distance of no less
than fifoor 0S` 4. et ten (10) feet with a maximum footprint of four hundred 450
square feet, shall be calculated at fifty percent of allowable floor area up to seven
hundred (700) square feet of floor area. Any element linking the principal structure to
the accessory unit may be no more than one (1) story tall, six (6) feet wide and ten (10)
feet long.
Approved by the Commission at their regular meeting on October 3,1995.
Attest:
Jan Carney, Deputy City Clerk
Aspen Planning and Zoning Commission
Bruce Kerr, Chairman
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