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HomeMy WebLinkAboutagenda.apz.19940322 ., AGE N D A ------------------------------------------------------------------ ------------------------------------------------------------------ ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING March 22, 1994, Tuesday 4:30 P.M. 2nd Floor Meeting Room ci ty Hall =' ~ '1 ~ I. COMMENTS commissioners Planning Staff Public II. MINUTES III. CONTINUED PUBLIC HEARINGS A. Tenth Mountain Division Hut Association/Powder House Condominiums Final SPA Development Plan Amendment and GMQS Exemption, Mary Lackner (Tabled 3/1/94) B. Herron Park Place Stream Margin Review and Conditional Use Review for an Accessory Dwelling Unit, Leslie Lamont (Tabled 3/1/94) IV. PUBLIC HEARINGS A. Hamrick Conditional Use Review for an Accessory Dwelling Unit, Mary Lackner B. O'Block Conditional Use Reriew for AcCeSS~~y Dwelling Units, Leslie Lamontl---r-r,~ TO 4/;9) V. INFORMATION ITEM A. Alciatore Accessory Dwelling Unit Amendment, Mary Lackner VII. ADJOURN MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Suzanne Wolff, Administrative Assistant RE: Upcoming Agendas DATE: March 22, 1994 Special Meeting - March 29, 4:00 P.M. GMQS Code Amendments (Public Hearing) - joint meeting with the County P&Z Regular Meeting - April 5 Ute Trail Townhomes Substantial PUD Amendment (LL) Creektree Subdivision/PUD Amendment (ML) West End Traffic Study (DM) 303 E. Main St. Landmark Designation (AA) European Flower Market GMQS Exemption (ML) Special Meeting - April 9, 8:30 - 2 Independence Place Round Table Special Meeting - April 15, 8:30 - 2 Independence Place Round Table Regular Meeting - April 19 Independence Place (LL) Regular Meeting - May 3 Winnerman 8040 Greenline Review (KJ) Nathanson 8040 Greenline Review (KJ) a.nex MEMORANDUM TO: Planning and Zoning Commission FROM: Mary Lackner, Planner RE: 10th Mountain Division Hut Association/Powder House Condominium Final SPA Development Plan Amendment and GMQS Exemption DATE: February 23, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant is seeking approvals to permit the construction of two (2) on -site affordable housing units and approximately 600 sq.ft. of garage and storage space for the loth Mountain Division Hut Association. To accommodate this request the applicant has addressed Section 7- 804 (E) (2) for a SPA Amendment and Section 8-104 (C) (1) (c) GMQS Exemption. APPLICANT: Benedict Land and Cattle Company (Fredric A. and Fabienne Benedict), represented by Sunny Vann. LOCATION: Lot 16 Callahan Subdivision, which is located at 1280 Ute Avenue. The parcel contains two acres. ZONING: Rural Residential (RR) with SPA overlay. APPLICANT'S REQUEST: The applicant is requesting GMQS exemptions for a two bedroom dwelling unit and a studio unit, both fully deed restricted. PROCESS: The Planning Commission will review the applicant's request for the SPA amendment at a public hearing and makes a recommendation to City Council for the GMQS Exemption. City Council will review the GMQS Exemption and Vested Rights at two readings. REFERRAL COMMENTS: The following referral comments have been received by the Planning Office and are included in Exhibit "B". Aspen Consolidated Sanitation District Aspen Fire Protection District City Engineer Housing Office Parks Department Water Department STAFF COMMENTS: Lot 16 of the Callahan Subdivision is presently improved with an office building, a one bedroom accessory dwelling unit and several out buildings which are used for storage. I SPA Amendment The proposed housing units are to be located within one structure within the affordable housing building envelope identified on the Final SPA Development Plan which is recorded in Book 33 Page 77. This building is located at the southeastern portion of the lot and will require setback variances for the front and side yards. The applicant is also seeking a variance from the minimum lot area per dwelling unit requirements, because the RR zone district requires a minimum of two acres per dwelling unit. Section 7-804 (E) (2) of the Municipal Code permits substantial amendments to a Final SPA Development Plan provided that "the proposed change is consistent with or an enhancement of the approved" plan. Staff believes that the issue of affordable housing was addressed during the Final SPA review procedures as the building envelope for affordable housing was established. The voluntary provision of affordable housing meets community goals. Section 7-804 (D) (2) of the SPA regulations permit dimensional variances from the underlying zone district if the variation complies with Section 7-804(B), the review standards for development in a specially planned area (SPA) Compliance of these review standards follow: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of the land use, density, height, bulk, architecture, landscaping and open space. Response: The adjacent land uses include residential, office, and a recreation club. The Ute Park Subdivision, which will include 4 free market and 7 deed restricted units, is located across Ute Avenue from this property. The proposed employee housing structure will meet the height requirements of the RR zone district and will be landscaped. This development will be compatible with the surrounding land uses., 2. Whether sufficient public facilities and roads exist to service the proposed development. Response: Holy Cross Electric Association, the Water Department, Rocky Mountain Natural Gas, U.S. West, and Aspen Consolidated Sanitation District have all indicated that there is capacity to serve this project. The City Engineer has expressed concern that all utility hookups be provided outside of the pavement, as much as possible, due to the new pavement and drainage improvements on Ute Avenue. K 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. Response: The applicant has indicated that the property is located within the "Blue Zone" of the Ute Trail avalanche path. The Blue Zone, or potential -hazard zone, is the transition zone between high hazard and no hazard, and includes avalanches that are either small or infrequent. The applicant has retained Art Mears to provide site specific mitigation recommendations for the proposed building envelope. The proposed structure has also been designed to shed or divert any avalanche flow. Although the City has approved the Ute Park Subdivision which is within the Ute Trail avalanche path, staff does not believe development is appropriate in any avalanche path. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Response: The new structure has been designed to minimize exposure to the avalanche path. A bike/pedestrian trail and fishing easement already cross the property and there is a sufficient portion of the property retained as open space. S. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Response: The proposed project is consistent with the AACP, as it provides fully deed restricted affordable housing by the private sector. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. Response: No expenditure of public funds will be required to provide public facilities for the proposed development. 7. Whether proposed development on slopes in excess of twenty (20) percent meet the slope reduction and density requirements of Section 7-903 (B) (2) (b) . Response: There are no slopes of twenty percent or greater on the property, therefore, the slope density reduction requirement is not applicable on this parcel. 3 8. Whether there are sufficient GMQS allotments for the proposed development. Response: There is no quota on the number of GMQS allotments available for fully deed restricted affordable housing. This project will need a GMQS exemption by City Council for the development of fully deed restricted dwelling units. GMQS Exemption for an Affordable Housing Unit The applicant is proposing to construct a two bedroom, two bath 960 sq-ft. unit restricted to Category 3 guidelines and a 410 sq.ft. studio unit restricted to Category 2 guidelines. These units are voluntarily provided by the applicant. They are not required for housing mitigation. Section 8-104 (C) (1) (c) allows City Council to exempt affordable housing units based on the need for the unit, their compliance with the adopted housing plan, the type of unit, and the price category to which the unit will be restricted. The Planning Office believes that the applicant's request to construct these two fully deed restricted affordable dwelling units is consistent with the adopted plans and regulations of the City of Aspen. STAFF RECOMMENDATION: The Planning Office recommends approval of this application subject to the following conditions of approval: 1. A landscaping plan shall be submitted to the Planning Office and Parks Department for review and approval prior to issuance of a building permit for the new structure. Any trees over six inches in diameter require a tree removal permit and should be detailed on the landscaping plan. Construction occurring around existing trees should be protected and no digging in the dripline of the trees is permitted. 2. The building permit application package shall contain a letter by a registered engineer that the structure has been designed to withstand avalanche loads. 3. Cutting into the Ute Avenue pavement for utility installation shall be kept to a minimum. 4. The applicant shall consult city engineering (920- 5080)for design considerations of development within public right-of-way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). 4 \V\ k) 5. The r�L shall include a detailed drawing of the trash area, recycle area, utility meters, and other utility facilities. 6. The applicant shall sign and record deed restrictions for each unit, restricting the units as Category 2 for the studio and Category 3 for the two -bedroom, along with the other conditions listed in the deed restriction. The Housing Office must have the recorded book and page number prior to the issuance of any building permits. 7. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the SPA Amendment to permit the setback and lot area variances for the two affordable dwelling units. I further move to recommend approval to Council for the GMQS Exemption with the conditions recommended in the Planning Office memo dated March 22, 1994." EXHIBITS: "A" - Application Information "B" - Referral Comments (ACSD, Aspen Fire Protection District, City Engineer, Housing Office, Parks Department, Water Department) 5 Exhibit A VAN N ASSOCIATES Planning Consultants January 14, 1994 HAND DELIVERED Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: loth Mountain Division Hut Association/Powder House Condominiums Final SPA Development Plan Amendment/GMQS Exemption Dear Kim: Please consider this letter an application to amend the Final SPA Development Plan for the Powder House Condominiums (a.k.a., the Benedict office building), which are located at 1280 Ute Avenue in the City of Aspen, to permit the construction of two (2) on -site affordable housing units (see Exhibit 1, Pre -Application Conference Summary, attached hereto). A growth management quota system exemption is also required for the proposed units. Vested property rights status is requested for all approvals granted pursuant to this application. The application is submitted pursuant to Sections 7-804.E.2., 8-104.C.1.c. and 6-207 of the Aspen Land Use Regulations by the loth Mountain Division Hut Association on behalf of Fredric A. and Fabienne Benedict and the Benedict Land and Cattle Company, the owners of the property (see Exhibit 2, Title Commitment). Permission for the Hut Association to submit the application on behalf of the Benedict's is at- tached as Exhibit 3. Permission for Vann Associates to represent the Applicant is attached as Exhibit 4. A list of owners located within three hundred (300) feet of the property is attached as Exhibit 5. Background On March 9, 1992, the City Council granted subdivision exemption approval for the condominiumization of the Benedict office building (see Exhibit 6, Ordinance No. 13- 92). The approval was conditioned upon the recordation of a condominium map and subdivision exemption agreement, and the deed restriction of the building's existing one (1) bedroom unit to the Aspen Pitkin County Housing Authority's resident occu- pancy guidelines and six (6) month minimum lease limitation. These documents were approved by the Planning Office and recorded with the Pitkin County Clerk and Recorder in December of 1993. 230 East Hopkins Avenue - Aspen, Colorado 81611 -303/925-6958 - Fax 303/920-9310 AFFIDAVIT OF PUBLIC NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL (Pursuant to Section 6-205.E. of the Land Use Regulations) STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The undersigned, being first duly sworn, deposes and says as follows: I, SUNNY VANN, being or representing an Applicant before the City of Aspen, personally certify that Public Notice of the application for an amendment to the Powder House Condominiums final SPA development plan approval was given by 1) posting of notice containing the information required in Section 6-205.E.2., which posting occurred on February 18, 1994, in a conspicuous place on the subject property and that the said sign was posted and visible continuously from that date, and 2) mailing Notice of said development application to all property owners within three hundred (300) feet of the subject property, which mailing occurred on March 10, 1994. Applicant: LOTH MOUNTAIN DIVISION HUT ASSOCIATION No The foregoing Affidavit of Public Notice was acknowledged and signed before me this -;day of March, 1994, by Sunny Vann on behalf of LOTH MOUNTAIN DIVISION HUT ASSOCIATION. WITNESS my hand and official seal. My commission expires: /�;,7/q6 NotarVPublic PITKIN COUNTY TITLE, INC. P.O. BOX 1417 23286 HIGHWAY 82, SUITE 22 Ise L. Lange BASALT, COLORADO 81621 Jody Murphy Orfice manager 303-927-4993 : 303-927-4096 FAX Escrow Officer 300' OWNER'S LIST Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado, hereby certifies the following list is a current list of property owner's within three hundred feet of Lot 16, Callahan Subdivision as obtained from the most current Pitkin County Assessors Tax Rolls and updated to February 01, 1994 NAMES AND ADDRESSES LEGAL DESCRIPTION -------------------------------------------------------------------------- PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF AUTHORIZED SIGNATURE ASPEN CLUB INTERNATIONAL LOT 14A, CALLAHAN SUBDIVISION ATTN: DIANE 1450 CRYSTAL LAKE ROAD ASPEN CO 81611 ASPEN CLUB INTERNATIONAL LOT 15, CALLAHAN SUBDIVISION C/O MARK OVERSTREET 1450 CRYSTAL LAKE ROAD ASPEN CO 81611 BARBARA 0. FLECK 1/2 LOT 7, CALLAHAN SUBDIVISION LISA BETH FLECK 1/2 1525 SOUTH LODGE DRIVE SARASOTA FL 34239 CHARLES MADDALONE SOUTHERN MOST LOT, GORDON/ MARLENE MADDALONE CALLAHAN SUBDIVISION TRUSTEES P.O. BOX 635 ASPEN CO 81612 CITY OF ASPEN UTE CEMETERY 130 SOUTH GALENA ASPEN CO 81611 CITY OF ASPEN UTE CHILDREN'S PARK 130 SOUTH GALENA ASPEN CO 81611 FREDERICO LONGORIA LOT 8, GORDON/CALLAHAN DENNIS E. NIXON SUBDIVISION BOX 1359 1200 SAN BERNARDO LAREDO TX 78042 PHYLLIS S. HOJEL LOT 15, UTE PLACE SUBDIVISION C/O ELECTRO COM AUTOMATION 2910 AVENUE F ARLINGTON TX 76011 POWDERHOUSE ENTERPRISES LOT 16, CALLAHAN SUBDIVISION (SUBJECT PROPERTY) 1280 UTE AVENUE ASPEN CO 81611 T. RICHARD BUTERA LOT 14E, CALLAHAN SUBDIVISION JULIE ANTHONY BUTERA 520 E. DURANT AVENUE ASPEN CO 81611 THE ASPEN RIVER FRIENDS C/O H.M. INTERNATIONAL 5810 EAST SKELLY DRIVE SUITE 1000 TULSA OK THE ASPEN RIVER FRIENDS C/O H.M. INTERNATIONAL 5810 EAST SKELLY DRIVE SUITE 1000 TULSA OK THE ASPEN RIVER FRIENDS C/O H.M. INTERNATIONAL 5810 EAST SKELLY DRIVE SUITE 1000 TULSA OK THE ASPEN RIVER FRIENDS C/O H.M. INTERNATIONAL 5810 EAST SKELLY DRIVE SUITE 1000 TULSA OK UTE PARK PARTNERSHIP 215 SOUTH MONARCH ASPEN CO 74135 74135 74135 74135 81611 LOT 2A, GORDON CALLAHAN SUBDIVISION LOT 2B, GORDON/CALLAHAN SUBDIVISION LOT 2C, GORDON/CALLAHAN SUBDIVISION LOT 9, GORDON/CALLAHAN SUBDIVISION METES AND BOUNDS MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Senior Planner RE: Herron Park Place Stream Margin Review and Conditional Use Review - Public Hearing DATE: March 22, 1994 SUMMARY: The applicant, Jeffrey Shoaf, proposes to demolish an existing duplex home. The applicant proposes to provide an attached, 100% above grade, accessory dwelling unit to comply with Q the standards of Ordinance 1. The subject property is within 10G horizontal feet of the high water line of the Roaring Fork River,113 cr therefore stream margin review is required for the demolition and reconstruction of this house. Staff recommends approval, with conditions, of the accessory dwelling unit and.the stream margin review. APPLICANT: Jeffrey Shoaf LOCATION: 113 Neal Avenue, City of Aspen ZONING: R-15 APPLICANT'S REQUEST: Stream margin review and conditional use review for the demolition and reconstruction of a duplex structure with an attached accessory dwelling unit. REFERRAL COMMENTS: A. The Engineering Department has reviewed the application, following is a summary of their comments, please see attached referral comments. 1. Prior to the issuance of any building permits, the development plan should show existing riparian vegetation, top of bank, erosion protection and fencing. Riparian vegetation shall be excluded from within the erosion fencing including all root zones. 2. To ensure that there are no wetland violations the applicant shall be required to refer this development application to the Army Corps. of Engineers or the Colorado Division of Wildlife (DOW) . A letter must be provided by the applicant from the DOW or the Corps. that the development proposal has been approved. 3. No drainage from either demolition or construction of the site may enter the Roaring Fork River. Construction plans 5� The applicant has identified a building envelop based upon the required setbacks of the property. Fortunately, the 100 year flood plain just encroaches over the property line and the applicant's property line is a little over 51 feet from the high water line. Therefore, there is approximately 251 from the high water line and the rear yard setback line. Thus staff feels comfortable in using the required setbacks for this property as the "building envelope', that will contain all excavation and construction activity. No excavation and construction activity or human made structures may be built or placed outside of this building envelope without further stream margin review. A tree removal permit shall be reviewed for the removal or relocation of any tree greater than 611 in caliper. The applicant shall submit to the Engineering Department the erosion mitigation plan prior to the issuance of any building permits and the Zoning Enforcement Officer shall monitor the erosion controls and their effect during the time of excavation and construction. 5. To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary. RESPONSE: No site drainage may enter the river, Neal Avenue or Herron Park. The applicant shall review an on -site drainage plan with the Engineering Department prior to the issuance of any building permits. 6. 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. RESPONSE: There will be no alteration or relocation of a water course. 7. A guarantee or relocated, successors and capacity on the is provided in that applies assigns that parcel is not RESPONSE: Not applicable. the event a water course is altered to the developer and his heirs, ensures that the flood carrying diminished. 8. Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. RESPONSE: Staff recommends that the DOW or the Corps. review this proposal and the applicant submit a letter from either body approving this proposal. B. Conditional Use Review - Pursuant to Section 7-304 the criteria for a conditional use review are as follows: Although the property does not extend to the high water line, the 100 year flood plane is slightly within the applicant's property and the proposed development is within 100 feet of the high water line of the Roaring Fork River. Applicable Review A. Stream Margin: Pursuant to Section 7-504 C., development is required to undergo Stream Margin Review if it is within 100 feet from the high water line of the Roaring Fork. River and its tributary streams, or within the one hundred year floodplain. The applicable review standards are as follows: 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. RESPONSE: The project will not affect the existing 100 year floodplain or floodway. 2. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. RESPONSE: A 20' pedestrian easement already exists on the river bank. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. RESPONSE: This project will not encroach into the riparian area of the bank of the river. However, as a precaution, staff recommends that the applicant submit the development proposal to the DOW or Corps. to confirm that proposed development will not negatively impact the river environs. 4. No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. RESPONSE: According to the application, no vegetation removal or slope grade changes are being made that will. produce erosion or sedimentation problems. The applicant commits to install a protective barrier between the river/riverbank and the excavation/construction work. The applicant proposes to use a 3' high plastic mesh fence within the 20' rear yard setback. the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and RESPONSE: The attached accessory dwelling unit is accessed off of Neal Avenue. A parking space per bedroom shall be provided for the free market units however a parking space for the ADU is not planned. The site plan indicates a central courtyard off of Neal Avenue that could accommodate cars, plus there are two garages. With this amount of off-street parking staff does not believe there is a potential parking problem and would not recommend the provision of a parking space for the ADU. The applicant commits to complying with the UBC's sound attenuation standards for the ADU. In a recent land use review for another project, the surrounding neighborhood expressed concern with increased density and large home sizes. Because the applicant proposes an above grade ADU the property is subject to a floor area bonus which would be approximately 250 square feet. However, the applicant submits in his application that the unit is designed in a quality manner for a future employee of the property owner or as a unit for other employees of Pitkin County. Staff would not encourage locating the ADU below grade to reduce the total floor area of this home. However, because of the flexibility of the occupancy requirements (or non -occupancy requirements) , the commission may want to consider a reduction in the size of the ADU which would reduce the structure's overall floor area. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and RESPONSE: A duplex currently occupies the site. A drainage plan must be reviewed and approved by the Engineering Department to ensure that all drainage is retained on -site. The applicant has committed to working with the City to install, if needed, a sidewalk and staff recommends the applicant enter into a curb, gutter, sidewalk agreement with the City for future street improvements. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: The proposal includes an accessory dwelling unit to potentially house employees of Pitkin County. An increase in employees is not expected by the provision of an accessory dwelling unit. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located; and RESPONSE: The proposed accessory dwelling unit is an above grade unit. The size of the unit is approximately 500 square feet. Because the unit is 100% above grade the applicant is eligible for a floor area bonus up to 250 square feet or 50% of the unit which ever is less. The net liveable calculations shall be verified by the Housing Authority. The unit must comply with the Housing Guidelines and the requirements of Ordinance 1 and shall be deed restricted as a resident occupied unit for residents of Pitkin County. The provision of an accessory dwelling unit is consistent with the City's policy to encourage voluntary development of affordable housing in all neighborhoods. Although the.Commission and staff have expressed concerns as to the actual use of ADUs, code changes have not been implemented at this point. Additionally, staff has expressed more of a concern with regard to 100% below grade dwelling units. Staff has also been dismayed at the marginal kitchen facilities provided in some ADUs. Toward that end, the Housing Authority has established guidelines for kitchens that require standard appliances and move away from wet -bar type kitchens. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and RESPONSE: The surrounding neighborhood is entirely residential with a mixture of single family and duplex units. The adjacent property is Herron Park. The accessory dwelling unit is attached to the proposed duplex and will not be discernable as a seperate dwelling unit. According to the applicant, the eastern elevation as seen from Neal Avenue, is a low, broken profile. Mr. Shoaf has considered his residential neighbors, to the north and across Neal Avenue, and their views in designing this structure. In addition, the majority of one of the free market units and the ADU front onto Neal Avenue and the second unit is set back on the northern sideyard setback creating a large yard space between the new development and Herron Park. The applicant has also committed to pursue a second sidewalk on the west side of Neal Avenue if a walkway is eventually planned for both sides of Neal Avenue as per the Pedestrian Plan. The applicant has also extensively researched and gathered bids for undergrounding all electric, telephone, and cable T.V. lines from the Neal and King Street intersection down the hill to the bridge. C. The location, size, design and operating characteristics of improvements in the public right-of-way. 4. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 5. Prior to the issuance of a certificate of occupancy the Planning Department shall inspect the unit to determine compliance with the conditions of approval. 6. The Zoning Enforcement Officer shall periodically inspect the site to determine compliance with erosion control measures. RECOMMENDED MOTION: "I move to approve the conditional use review for the attached accessory dwelling unit and the stream margin review for 113 Neal Avenue with the conditions outlined in Planning Office memo dated March 22, 1994.11 EXHIBITS: A. Referral Comments B. Site Plans March 22, 1994 This sworn affidavit shall attest that a public notice was posted at 113 Neal street for the Herron Park Place Conditional Use (ADU) and Strean Margin Review on February 19, 1994, by Jeffrey S. Shoaf. The sign was in plain sight from the street and was notification for the public Planning and Zoning meeting held originally for March 1, 1994 and then changed to March 22, 1994. I, Jeffrey S. Shoaf, on the 19th of February, 1994 have mailed and hand delivered Herron Park Place notices regarding the above to all owners within a 300 foot radius of the project as recommended by the Assessor's -2,,Z z:62�, 02 0,.tt- 1113 REACTORMA s 3/22/94 of f re))' S. Shoaf ,MW Aspen C Snowmass 7 East Cooper Avenue, Suite 202 30 ope e, Aspen, Colorado 81611 Sales: (303) 920-3600 Rentals: (303) 925-5800 / FAX: (303) 920-3601 Each Office Independently Owned and Operated MEMORANDUM TO: Aspen Planning And Zoning Commission FROM: Ken and Jane Owen 115 Neale Avenue 4 a_ -�_ (0uat� SUBJECT: Herron Park Place, aka 113 Neale Avenue, Aspen Stream Margin Review and Conditional Use for an Affordable Dwelling Unit. DATE: March 15, 1994 After reviewing Jeffrey Shoaf's development plan for the above referenced property, we support the addition of an Affordable Dwelling Unit to the project. MEMORANDUM TO: Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Hamrick Conditional Use for an Attached Accessory Dwelling Unit - Public Hearing DATE: March 22, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The Planning Office recommends. approval of the Hamrick Conditional Use for a 500 sq.ft. attached accessory dwelling unit with conditions. APPLICANT: Dusty Hamrick. LOCATION: 1315 Riverside Drive, Let 21, Block 1, Riverside Subdivision. ZONING: R-15 Moderate Density Residential. APPLICANT'S REQUEST: The applicant requests Conditional Use approval to build an accessory dwelling unit within an existing residence. An addition of approximately 280 sq.ft. is proposed to accommodate a portion of this unit. The unit is voluntary and is not needed for housing mitigation. A copy of the applicant's letter and plans are included as Exhibit "A". REFERRAL COMMENTS: Comments from the Engineering Department are included as Exhibit "B" and Housing Authority comments are included as Exhibit "C". STAFF COMMENTS: The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7-304: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located; and Response: The proposed dwelling unit has the potential to house local employees, which is in compliance with the Aspen Area Community Plan and the underlying zone district. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Response: The accessory dwelling unit is compatible with the 11 Attachment 4 Conditional Use 1, Dusty Hamrick, request approval of an accessory dwelling at 1315 Riverside Drive, Aspen, Co. to provide a unit for rental. Riverside subdivision is zoned P15, the lot size of Lot 21 is 7,755 square feet, existing dwelling is approximately 2,000 square feet and FAR is 3660. The requested accessory dwelling complies with the guide lines for square footage and with theh -10' bac sofboth side and back property lines to the soand o the et. The proposed addition of 277.5 sq. ft. is to be constructed on the back of the south-west area of existing single family dwelling. Approximately 220 sq. ft. of.existing dwelling is to be included in the total footage of the accessory dwelling thus approximate total of 497 sq. ft. of living space for the accessory dwelling. The addition location, since it is located on the back side of the house, will basically go unnoticed from the street side. The homes to the south and west of Lot 21 have their entrances on the south and west thus no major visual impact to either of these residences. The home to the east is some 80 to 100 feet beyond my lot line and the area is well grown with trees and other plant life. The design of the proposed structure is complimentary to the existing structure and will allow occupant to enjoy the lovely yard and gardens as well as a view of the mountains. The present walkway along the east side of house will allow easy access to either entrance of the accessory dwelling. The main entrance to the existing single family dwelling is on the west side thus offering privacy to both dwellings. The parking area in front of existing home offers more than adequate parking. The property is already serviced with utilities, garbage, etc. and the fire hydrant is on north side of Riverside Drive, across from Lot 21. I am requesting this approval as I continue to prepare for my Golden Years and having an accessory dwelling would enable me to have additional income while assissting the city in their process of aquiring an inventory of employee housing. Dusty Hamrick NOTE: As this accessory dwelling unit is 100% above grade, the main structure is eligible for a floor area bonus per Section 3- 101 of the Municipal Code. STAFF RECOMMENDATION: Planning staff recommends approval of the Hamrick Conditional Use for a 500 sq.ft. studio accessory dwelling unit subject to the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with a minimum six month lease. Upon approval by the Housing Authority, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits, a copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 3. The accessory dwelling unit shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 4. During building permit plan review, the Zoning Enforcement Officer shall make the final determination that the unit meets the minimum size requirement of 300 sq.ft. net liveable as defined in the Housing Authority Guidelines. The accessory dwelling unit cannot be less than 300 sq.ft. 5. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Conditional Use for a 500 sq.ft. attached accessory dwelling unit for the Hamrick residence at 1315 Riverside Drive with the conditions recommended in the Planning Office memo dated March 22, 1994." Exhibits: "A" - Application Information "B" - Engineering referral memo "C" - Housing referral memo "D" - Public Comment letter 3 14 a, r. -1 - indicates found rebar and cap [___UadLh eo�screv% 0 es 68.00 Legal Description: Westerly 68 feet of even width of Lot 21, Block 1, Riverside Subdivision, City of -Aspen, Pitkin County, Colorado. I hereby certify that on November 3, 1993 a survey was perfomed by me on the parcel of land described hereon. A two-story frame house was found to be on said parcel as shown on this plat. All easements, encroachments and rights -of - way in evidence or known to me are shown. This survey is true and correct to the best of my knowledg nd belief. By: Sydne inci me P.L.S. 14111 1 3 15 Lv e rS L\1 FAS ic) e Co a BY' L INES /N SPACE SY©NEY L/NC/COME (L.S.14111) Lot `1 SS BOX 121 CARBONDALE COLO, 3 3-963-3852 45 v Aq9 a I SCALE:I"= I OI I � i i MAR 1 irk i i March 7, 1994 This sworn affidavit shall attest that notices were sent on March 7, 1994, to the following names who are owners of property within 300' of Lot 21, Block 1, Riverside Subdivision, with information of a Public Hearing to be held March 22, 1994, 2nd floor Meeting Room, City Hall, 130 S Galena, Aspen, to consider application submitted by Dusty Hamrick, requesting approval of a Conditional Use Review for an Accessory Dwelling Unit attached to existing single family residence. ool Terry & Molly Swanton Box 1403 Aspen, Co. 81612 V 002 Helen Ann Kalin Klanderud Box 1558 Aspen, Co. 81612 \/003 Lizabeth Kerr Duson 9030 Greenville Ave. Dallas, Tx. 75243 -\,,;004 William Mason % Greta Walls Box 406 Aspen, Co. 81612 �-005 Mr. Mrs. Jay Lussan 640 Fred Lane Aspen, Co. 81611 V006 Dick Osur 1300 Riverside Dr. Aspen, Co. 81611 \007 Fowler P. Stone Ruth Stone 611 Fred Lane Aspen, Co. 81611 008 Judith Jones 1230 Riverside Dr. Aspen, Co. 81611 \v009 Russell Trust of 1980 U.D.T. Attn: Maurice Smith Box 327 Provo, Ut. 84603 �010 Pumpelly Family United Partnership 1280 Riverside Dr. Aspen, Co. 81611 015 Elliott Rbblinson 1245 Riverside Dr. Aspen, Co. 81611 /016 Donald M & Judith P. Norris 3400 Greenbriar Lane Riverwoods, Ill. 60015 017 Robert Murray 1275 Riverside DR. Aspen, Co. 81611 w018 Paul Chesley Frank Chesley Box 94 Aspen, Co. 81612 v 019 Anthony Welgos Kathy Welgos 1295 Riverside DR. Aspen, Co. 81611 022 Robert & Barbara Bennett 120 South Cherry St. Denver, Co. 80222 '-'121 Terry Haynes 1335 Riverside Dr. Aspen, Co. 81611 \� 122 Dena Kaye 1325 Riverside Dr. Aspen, Co. 81611 �023 Thomas & Carol Kurt 3645 Stratford. Ave. Dallas, TX 75205 V024 Amy Hayden Fulstone JIll Ann Mackie 31 Rivers Rd. Smith, NV. 89430 \1007 Barbara Fleck LIsa Fleck P.O.Drawer V Sarasota, Fl. 34230 018 Aspen Club International Inc. 1450 Crystal Lake Rand Aspen, Co. 81611 Attn: Diane �006 Warner Bros. Inc. Tx Dept. 12th Floor 4000 Warner Boulevard Burbank, CA. 91522 v 005 WArner Bros. Records Inc. A Delaware Corporation 3300--Warner Blvd. Burka. k, C A . U i g 1 n 004 Marvin Burton Box 1224 Aspen, Co. 8161:1, "'4016 Aspen Club Group, Inc. % Chuck Frias 730 E. Durant Ave. Aspen. Co. 81611 �017 Richard Butera Julie Anthony Butera 520 E Durant Aspen, Co. 81611 \\J003 Douglas Kanse 6651 Auto Club Rd. Bloomington, MN. 55438 �'002 Don Soffer 19495 Biscayne Blvd. Suite #900 Miami, FL. 33180 \/001 MIndy & Bill Karl 1401 Crystal Lake,Road Aspen, Co. 81611 \009 H.M. International 5810 E. Skelly Dr. # 1000 Tulsa, OKL. 74125 �008 Frederico Longoria Dennis Nixon Box 1359 1200 San Bernardo Laredo, TX. 78042 March 11, lQQA 9., 4 This sworn affidavit shall attest that a public notice was posted at 1315 Riverside Drive for the Public Hearing on March 22, 1994, for the request by owner, Dusty Hamrick, for an accessory dwelling unit. The sign was placed in front of the garage facing Riverside Drive for all to view, the morning of March 11, 1994. ���` pit , MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Alciatore Accessory Dwelling Unit/Conditional Use Amendment DATE: March 22, 1994 SUMMARY: The Planning and Zoning Commission approved an accessory dwelling unit for the Alciatore residence at 730 W. Smuggler by Resolution 93-11, Exhibit "A". This unit has been proposed in order to comply with the housing mitigation requirements of Ordinance 1. During the Planning Commission meeting on June 22, 1993 there was significant discussion regarding the privacy of the ADU. The applicant has since relocated the proposed ADU from the second floor to a below grade location. A copy of the proposed plans are attached to this memo. Although the Planning Director may approve insubstantial amendments to a conditional use, staff believes the specifics of this unit should be reviewed by the Planning and Zoning Commission in light of the previous discussion by the Commission. The criteria for an insubstantial amendment to a conditional use permit in included as Exhibit "B" . DISCUSSION: Staff would like the Commission to consider the proposed relocation of the ADU from the second floor in the northwest corner of the house to the basement level in the northeast corner of the house. Blueprints of the proposed plans have been included with the memo. Staff believes the proposed unit provides more privacy then the original design, however the tradeoff is a below grade unit with a substantially reduced level of natural light. The applicant has tried to maintain natural light into the unit but is limited by the amount of window wells to keep this area from counting in the floor area of the structure. Since the accessory dwelling unit is going below grade, no floor area bonus is available. RECOMMENDATION: Staff believes the unit represents a standards design for an ADU. We do not encourage below grade units, however, this is one alternative available to the applicant to address the privacy issues of the original unit. This is considered a separate unit and must meet the UBC requirements for natural light and air for a dwelling unit. Should the Commission wish to discuss this application in more detail then time allows this evening, the next available meeting is May 3rd. (A� B ,A R B A R A LONG AND ASSOCIATES POST OFFICE BOX 8603•ASPEN, COLORADO 81612•303.925-6880 ASPEN/PITKIN COUNTY PLANNING AND ZONING MARCH 14, 1994 RE: ALCIATORE RESIDENCE 730 W. SMUGGLER ASPEN, COLORADO THIS SUBMISSION IS FOR A CHANGE IN LOCATION FOR THE ACCESSORY DWELLING UNIT OF THE ABOVE RESIDENCE. THE ORIGONAL RESOLUTION, NO. 93-11, WAS APPROVED JUNE 22, 1993. THE NEW PROPOSED LOCATION WILL STILL BE LOCATED WITHIN THE PRINCIPAL RESIDENCE BUT IS ON THE LOWER LEVEL. THE STAIRWELL IS ONLY PARTIALLY COVERED BY A ROOF OVERHANG OF 4:12 SLOPE. THE ORIGONAL PLAN HAD AN 10'2:12 SLOPE ALONG THE ENTIRE LENGTH OF THE STAIR. THE NEW LOCATION WILL HAVE GUTTERS AND SNOWBREAKS FOR SAFETY. FIREPROOFING AND SOUND -PROOFING WILL BE PROVIDED AS REQUIRED BY BUILDING CODES. THE ENTRY DOOR WILL BE A FULL STILE AND RAIL DOOR FOR LIGHT. THE MAXIMUM AMOUNT OF GLAZTNG, MAINTAINING THE ALLOWABLE F.A.R., WILL BE PROVIDED ALONG THE EAST WALL. NATURAL LIGHT AND VENTILATION WILL BE TO CODE. THE SIZE OF THIS UNIT IS 310.13 NET LIVABLE SQUARE FEET. CO - BUILDING DESIGN • SPACE PLANNING • INTERIOR ARCHITECTURAL DETAILING Exhibit A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ATTACHED ACCESSORY DWELLING UNIT WITHIN A RESIDENCE TO BE LOCATED AT 730 W. SMUGGLER (LOTS N AND 01 BLOCK 14, TOWNSITE OF ASPEN) IN THE NAME OF GUY AND NANCY ALCIATORE Resolution No. 93-1L WHEREAS,, pursuant to Section 5-510 of the Aspen Land Use Regulations accessory dwelling units may be approved by the Planning and Zoning commission as conditional uses in conformance with the requirements of said Section; and WHEREAS, the Planning Office received an application from Guy and Nancy Alciatore for a Conditional Use review for a 301 s.f - studio accessory dwelling unit within their proposed residence; and WHEREAS, the proposed unit is 100% above grade, therefore the site is allowed an FAR bonus not to exceed one half of the area of the accessory dwelling unit; and f WHEREAS, the Housing Office and the Planning Office reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on June 22, 1993, the Planning and Zoning Commission approved the Conditional Use review for the Alciatore accessory dwelling unit, amending the conditions recommended by the Planning Office. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Alciatore Conditional Use for a 301 s.f. net livable, above -grade accessory dwelling unit is approved with the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits a copy of the recorded deed restrictions for the accessory dwelling units must be forwarded to the Planning Office. 3. The ADU shall be clearly identified as a separate dwelling unit on Building Permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 4. During building permit plans review, the Zoning Enforcement 1 ( Officer shall make the final determination that the unit meets i the minimum size requirement of 300 s.f. net liveable as defined in the housing guidelines. The ADU cannot be less than 300 s.f. net liveable. 5. The windows between the main stairwell and the ADU must be at least 7 feet above the finished floor level of the ADU. The windows between the stairwell and the roof deck shall incorporate a glass treatment specifically to provide visual privacy for the roof deck while being translucent to allow light into the stairwell. 6. Prior to the issuance of the Certificate of Occupancy, the Zoning Office shall inspect the ADU for compliance with approved plans and conditions. 7. The stairs from the roof deck shall be snowmelt. 8. All material representations made by the applicant in the application and during public meetings %tith the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on June 22, 1993. A�1ttest:, Jean Carney, Deputy City Clerk F, Planning Zoni Commission: Chair ��I Exhibit 6 SECTION 24-7-308 Amendment of Development Order An insubstantial amendment to an approved development order for a conditional use may be authorized by the planning director. An insubstantial amendment shall be limited to changes in the operation of a conditional use which meet all of the following standards: 1 The change will not cause negative impacts on pedestrian and vehicular traffic circulation, parking or noise; and 2. The change will not substantially affect the tourist or local orientation of the conditional use; and 3. The change will not affect the character of the neighborhood in which the use is located; and 4. The change will not increase the use's employee base or the retail square footage in the structure; and 5. The change will not substantially alter the external visual appearance of the building its site. U� r"• . I -1 w , -ot�i ti PUBLIC NOTICE Tug �i DATER- TqME 9;mn� PLACE c-,,Tl '�;+rtA �,J- 57, 61 'tt PURPOSS21- 4'�) LAC onTrn7"4 C( 1� S7 M M- AR - -0V 2) — �4L •. �: �I'r.�CK�ilp,l CaNTACf T 131SOUTH GALENA ASPENS AMEN/PI TKIN PLANNING OFF7( CO 13031 9: • n] 1