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ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
April 19, 1994, Tuesda~
4:30 P.M.
2nd Floor Meeting Room
City Hall
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I.
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COMMENTS
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Commissioners
Planning Staf
Public
II. MINUTES
III. PUBLIC HEARINGS
A. Trott Conditional Use Review for an Accessory
Dwelling Unit, Leslie Lamont
IV. CONTINUED PUBLIC HEARINGS
to
B. Independence Place (Superblock) SPA Designation and
Conceptual SPA Development Plan, Leslie Lamont -
(continued from March 8). ~t...e;T%> -=tJvlJ
C. O'Block/Durant Conditional Use Review for Accessory
Dwelling Units, Leslie Lamont - (continued from
March 22).
V. OLD BUSINESS
A. West End Traffic Study, Bob Gish
VI. WORKSESSION
A. East Cooper Court - Langley AH Zone District, Leslie
Lamont
VII. ADJOURN
a
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Senior Planner
RE: Trott Conditional Use Review - Public Hearing
DATE: April 19, 1994
SUMMARY: The applicant, Houghton and Patricia Trott, propose to
add a second dwelling unit onto their existing single family home.
Pursuant to Ordinance 1, the addition of a second free market home,
creating a duplex,' requires compliance with Ordinance 1. The
Trotts propose to add an above grade, attached, accessory dwelling
unit with below grade storage and laundry facilities.
Staff recommends approval, with conditions, of the accessory
dwelling unit.
APPLICANT: Houghton and Patricia Trott, as represented by Marti
Pickett
LOCATION: 735 Castle Creek, City of Aspen
ZONING: R-15
APPLICANT'S REQUEST: Conditional use review for 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. The development plan, prior to the issuance of a building
permit, must indicate on -site parking for every free market
bedroom.
2. Any work in the public right-of-way shall require a permit
from the Streets Department and the applicant shall agree to
join any future improvement district for improvements in the
adjacent public right-of-way.
B. The Aspen/Pitkin County Housing Authority has reviewed the
application, following is a summary of their comments, please see
attached referral comments.
1. The ADU cannot be less than 300 square feet net liveable,
and must be deed restricted meeting the Housing Authority
guidelines. The kitchen must contain a minimum of a two -
burner stove with oven, a standard sink, and a 6-cubic foot
refrigerator plus freezer.
2. Prior to the issuance of any building permits, the
applicant must submit actual floor plans of the proposed unit
and recorded Deed Restriction.
STAFF CONXENTS:
Project Description: The property contains an existing 2,745
square foot single family home on Castle Creek Drive.
The applicant proposes to add a second 2-bedroom dwelling unit of
approximately 1919 square feet and an approximately 600 square foot
accessory dwelling I unit.
The living area of the accessory dwelling unit is proposed to be
100% above grade while a large storage area for the ADU and laundry
facilities are proposed below grade. Approximately 340 square feet
is proposed above grade with approximately 300 square feet of below
grade space the occupant of the ADU.
Ordinance 1 provides a floor area bonus for accessory dwelling
units that are 100% above grade. Ordinance 1 also require, for
duplex mitigation, that the accessory dwelling unit be a minimum
of 600 square feet. Because the "living space" of the ADU is 100%
above grade, staff would interpret that the project is eligible for
the floor area bonus of 170 square feet (which is 50% of the above
grade floor area). In addition, because the occupant of the ADU
has approximately 300 square feet of private storage space, the ADU
meets the 600 minimum square foot requirement for an ADU in a
duplex structure.
Applicable Review
Conditional Use Review - Pursuant to Section 24-7-304 the criteria
for a conditional use review are as follows:
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 600 square feet, 340
square feet of living space above grade and 300 square feet of
storage space below grade. Because the living area of 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. In
this situation the applicant is eligible for 170 square feet of
floor area bonus. 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.
2. 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.
3. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
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 applicant shall be required to enter into a sidewalk, curb,
and gutter agreement, prior to issuance of a certificate of
occupancy, to construct curb and gutter on both street frontages
at such time in the future as deemed appropriate by`the City.
7. A pedestrian usable space in the public right-of-way and
adjacent to the property line on Castle Creek Drive shall be
labelled on the drawings.
8. Parking spaces shall be labeled and dimensioned (8 1/2' x 181)
to reflect City code requirements on final plans.
9. A variation as provided for in Section 19-102, is hereby
permitted to construct a separate, single, 18 foot wide driveway
for the new duplex unit.
10. The building permit plans shall provide for any increase in
storm run-off to be maintained on site. The application indicates
that a drywell will be constructed to accommodate the foundation
drain system. The drywell shall be up -sized to accommodate roof
and driveway drainage or on -site drainage to be designed to drain
to landscaped areas. Plans shall reflect the necessary drainage
improvements.
11. Final building permit plans shall indicate the trash storage
area, which may not be in the public right-of-way. All trash
storage areas should be indicated as trash and recycle areas. Any
trash and recycle areas that include utility meters - or other
utility facilities must provide that such facilities not be blocked
by trash and recycle containers.
12. Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private properties,
we advise the applicant to consult the city engineering for design
considerations of development within public rights -of -way, parks
department for vegetation species, and shall obtain permits for any
work or development, including landscaping, within public rights-
of -way from city streets department.
13. Any new surface utility needs for pedestals or other
facilities must be installed on an easement provided by the
applicant and not in the public right-of-way.
RECOMEMMED XOTION: "I move to approve the conditional use review
for the attached accessory dwelling unit for 735 Castle Creek Drive
with the conditions outlined in Planning Office memo dated April
19, 1994."
i 4 04 *
A. Referral Comments
B. Site Plans
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Senior Planner
RE: Oblock Accessory Dwelling Units - Conditional Use Review
DATE: April 19, 1994
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SUMMARY: The applicant, Chuck Bellock, proposes to voluntarily add
four accessory dwelling units to four of the ten Oblock Townhomes .
The application was not heard at the March 22, 1994 meeting, as the
applicant failed to properly notice the public hearing.
Staff recommends approval of the conditional use for the accessory
dwelling units. The applicant has amended the plan of the units
between the March 22 meeting and the April 19 meeting. A second
window was added to the front of the ADU.
APPLICANT: Chuck Bellock
LOCATION: 830, 834, 838, 844 East Durant, Aspen "o
ZONING: R/MF m
APPLICANT'S REQUEST: To voluntarily provide attached studio
accessory dwelling units in the Oblock Townhomes (Enclave at Little
Nell) .
REFERRAL COMMENTS: Please see attached referral comments from the
Housing Office.
STAFF COMMENTS:
Project Description - The ten townhomes at the Enclave are being
developed pursuant to one replacement development right and nine
transfer development rights. The Commission and Council reviewed
and approved that subdivision in 1990 and approved the substantial
amendment to the subdivision plan in 1993. At the time the
applicant volunteered to provide four accessory dwelling units
which were also approved.
Currently, the applicant seeks to add four more accessory dwelling
units in the project. The units are proposed to be 412 square feet
below grade.
Conditional Use Review - Pursuant to Section 7-304 the criteria
for a conditional use review are as follows:
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 units are below grade.
The size of the units are approximately 412 square feet. The AACP
encourages employee housing within the City and the zone district
where Oblock is located is a multi -family zone district (R/MF).
The net liveable square footage of the units should be verified by
the Housing Authority. The units must comply with the Housing
Guidelines for ADUs and shall be deed restricted as resident
occupied units for working residents of Pitkin County.
The units are below grade. The applicant has amended the original
plans that were submitted. In addition to the double wide window
next to the front door, a second window has been added. According
to the application 32.6 square feet of glass areas and 37.3 feet
of vent area is being providing per ADU. The UBC requires 29.3
square feet and 14.7 square feet respectively.
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 a multi -family area with
high density development.
The application states that the provision of dwelling units will
be for caretakers of the free market units. The Enclave is a ten
unit townhome development that has been condominiumized and
establishes a homeowner's association. It has been staff's
experience with the River Park development that the deed restricted
ADUs in that townhome complex are superfluous. Several prospective
buyer's have questioned staff about eliminating the units as they
do not need a caretaker in a complex of this kind. Staff believes
this is a similar situation with the Enclave.
Although staff approved four ADUs in 1990 for this project, staff
and the Commission have begun to review ADUs with a higher level
of scrutiny. Staff is concerned that the units will add density
and impacts (i.e. a parking space is not required to be provided
with ADUs and the applicant does not propose to provide one)
without being used for what the program is intended.
C. The location, size, design and operating characteristics of
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
2
RESPONSE: The attached accessory dwelling units are accessed off
of the alley. The primary residence contains three bedrooms and
three parking spaces appear to be provided on the property. For
multi -family development stacking of parking spaces is not
permitted.
The applicant has amended the original plans to meet the UBC
requirements for natural light and air for a separate dwelling
unit. However, it is still unclear from the plans whether or not
snow will shed into the courtyard and front entrances of the ADUs.
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: No new services will be required for the provisions of
the four ADUs.
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 a four studio accessory dwelling
units for employees of Pitkin County. An increase in employees is
not expected by the provision of an accessory dwelling unit.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: The conditional use meets the requirements of the Aspen
Area Community Plan and other requirements of this chapter by
attempting to integrate a community housing need into the
redevelopment of the property.
RECOMMENDATION:
A. Staff recommends approval of the four attached accessory
dwelling units with the following conditions:
1. Prior to the issuance of any building permits:
a. the applicant shall, upon approval of the deed restriction by
the Housing Authority, record the deed restriction with the Pitkin
County Clerk and Recorder's Of f ice with proof of recordation to the
Planning Department. The deed restriction shall state that the
accessory unit meets the housing guidelines for such units, meets
the definition of Resident Occupied Unit, and if rented, shall be
rented for periods of six months or longer.
3
b. floor plans of the ADU shall be submitted to APCHA for review
on net liveable calculations and kitchen appliances.
2. 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.
3. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
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.
RECOMMENDED NOTION: "I move to approve the accessory dwelling
units proposed for the Enclave at Little Nell finding in units 830,
834, 838, and 844 East Durant Avenue with the conditions outlined
in Planning Office memo dated April 19, 1994."
ATTACHMENTS:
A. Referral Comments
Y�
B. Site Plan (c
34,
4
April 8, 1994
Aspen/Pitkin Regional Planning Office
130 south Galena St.
Aspen, CO 81611
Dear Sir:
This is an affidavit to state that today, April 8, 1994,
I have mailed the notice from the Planning Office
to all owners of property within 300 feet of my property,
Lot 13, Castle Creek subdivision; 735 Castle Creek Drive,
Aspen; as required for the public hearing.
Yours very truly,
Patricia P. Trott
Box 1994
Aspen, CO 81612
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing Affidavit was subscribed and sworn to before me
this day of April., 1994, by Patricia P. Trott.
Witness my hand and of f i ' al e al .
My commission expires: 3
of APu
F.IVIMz_1MM
I hereby attest that a notice of the public hearing for Oblock-Durant was mailed to all owners of
property within 300' of the subject property pursuant to the conditions of Public Notice as defined
in §6-205(E)(3)(c) of the Land Use Regulations of the Aspen Municipal Code.
I ----------
Signed
--2= �i =9�------------------------------------------
Date
affidavit.93181
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PUBLiC NOTICE M
PURPOSE _
^JBLIC
NOTICE
A
DATE TUESDAY, APRIL 19, 1994
TIME 4.30 P.M.
PLACE 2ND FLOOR CONF. ROOM.
CITY HALL, 1:30 S. GALENA, ASPEN
PURPOSE FOR CONDITIONAL
USE REVIEW OF 4 ATTACHED
ACCESSORY DWELLING UNITS
FOR TJWNHOUSES LOCATED AT
830, 834, 838 & 844 EAST DURANT
AVENUE.
I ()It FURTHER INFORMATION CONTACT THE
ASPEWPITKIN COUNTY PLANNING OFFICE, 130 S.
GALENA ST.. ASPEN, COLORADO. (303) 920-5090 OR
ti+¢ 1I1F.000RF K GUY ASSOCIATES PC. P.O. BOX 1640,
BASALT. COLORADO, (303) 927-3167.
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