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ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
July 5, 1994, Tuesday
4:30 P.M.
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2nd Floor Meeting Room
City Hall
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I. COMMENTS
commissioners
Planning Staff
Public
II. MINUTES
I
III.
PUBLIC HEARINGS
A. KAJX/Red Brick School Conditional Use Review for av/
Satellite Dish, Leslie Lamont
B. 204 E. Durant GMQS Exemption, Mary Lackner
IV. CONTINUED PUBLIC HEARINGS
A. Austin Conditional Use Review for an Accessory
Dwelling Unit, Kim Johnson (continued from June 7)
B. Creektree SUbdivision/PUD Amendment, Mary Lackner
(to be continued to July 19)
IV. NEW BUSINESS
A. Mirabella Special Review for Outdoor Dining, Kim
Johnson
V. ADJOURN
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Suzanne Wolff, Administrative Assistant
RE: Upcoming Agendas
DATE: July 5, 1994
Regular Meeting - July 19
Zoline Rezoning (LL)
Independence Place SPA Designation & Conceptual SPA Plan (LL)
(continued)
Smith Conditional Use & 8040 Greenline (ML)
Temporary Overlay to Reduce FAR (LL/AA)
Creektree Subdivision/PUD Amendment (ML) (continued)
Regular Meeting - August 2
Krabacher GMQS Exemptions & Special Review (KJ) (tabled 6/21) -
(site visit at 4:00)
a.nex
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Senior Planner
RE: KJAX Satellite Dish - Conditional Use Review Public
Hearing
DATE: July 51 1994
SUMMARY: The applicants have requested a conditional use review
to install a satellite dish at the Red Brick School for receiving
and broadcasting purposes. A satellite dish is a conditional use
in the Public zone district. Staff recommends approval of the
conditional use with conditions.
APPLICANT: KJAX public radio station as represented by Sy Coleman
LOCATION: 110 East Hallam, Red Brick Community Arts and Recreation
Center
ZONING: Public
APPLICANT'S REQUEST: Conditional use approval for a satellite
dish.
REFERRAL COMMENTS:
Engineering:
1. A specific screening plan must be submitted.
2. The proposed location of the dish in on the public trail.
STAFF COMMENTS:
Proposal - KJAX, Aspen's public radio station, is a tenant of the
Red Brick Community Arts and Recreation Center. During the
discussions for rezoning the school property and identification of
the use of the building, KJAX was a strong participant in those
deliberations. KJAX must use a satellite dish to receive
transmission by National Public Radio, the "backbone of most public
radio stations." This type of dish is the only one that will serve
the purposes of the radio station.
The dish will stand approximately 12' - 3 7/8" with a diameter of
121. The applicant proposes to place the dish behind the gymnasium
of the building, next to the public trail that goes behind the gym,
and connects to the public trail coming up from the Post Office.
Two locations have been identified on the applicant's map: 1 - to
the west of trail closer to the building; and 2 - on the other side
of the trail which appears to be on the edge of the hillside above
the Post Office trail.
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 property was rezoned to Public in 1993. The public
radio station was considered an occupant at the time of the
rezoning. The satellite dish is necessary for operations of the
station.
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 building is surrounded by residential land uses. The
Givens Institute is across the Post office public trail to the
north. If the dish is located on the edge of the hill behind the
Red Brick it will not enhance the uses and activities of the
surrounding area.
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
RESPONSE: If the dish is located on the northeast side of the
public trail, perched on the side of the hill, the dish will
visually impact trail users on the Post office trail and will be
very visible the Post office area and from the residential homes
along Garmisch Street. Staff recommends the applicant tuck the
dish as close to the building as possible. The dish it cannot
block the public trail.
In addition, the dish shall be screened from view as much as
possible. Before the applicant may install the dish a screening
plan must be submitted to the Planning Department for review.
Because the City of Aspen owns the property, the City will not
provide permission to install the dish until a screening plan is
approved.
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: The public facilities are adequate to serve the dish.
/I/
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
RESPONSE: This conditional use review does not generate new
employees.
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 proposed conditional use will comply with the other
regulations of this chapter.
RECOMMENDATION: Staff recommends approval of the conditional use
for one, 12' - 3 7/8" high and 12' diameter, satellite dish for KJAX
public radio station behind the Red Brick Community Arts and
Recreation Center with. the following conditions:
1. The dish shall be located on the southwest side of the public
trail behind the gymnasium of the Red Brick Community Arts and
Recreation Center as close to the building as possible.
2. Prior to the City's permission to install the dish, a screening
plan shall be submitted to the Planning Department for review and
approval.
3. The applicant shall explore using a darker color on the dish
to blend the dish with the background of the Red Brick building.
ATTACHMENTS:
1. Dish Location Map
2. Photo of Proposed Dish
3. Photo of Dish Location Behind Building
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MEMORANDUM
TO: Aspen Planning and Zoning Commission `
FROM: Mary Lackner, Planner
RE: 204 E Durant GMQS Exemption, Subdivision, and Text
Amendment
DATE: July 51 1994
SUMMARY: This application seeks to demolish an existing six unit
multi -family project and replace it with an eight unit multi-
family structure. This is the second project that will be
utilizing the Resident Multi -Family Housing Replacement Program,
which is specified in Section 18-3.3 of the Aspen Municipal
Regulations. The applicant is seeking GMQS Exemptions,
Subdivision, and a Text Amendment to accommodate this development.
APPLICANT: SGA Aspen Limited Liability Company, c/o Doug Allen,
represented by Vann Associates, Mr. Sunny Vann.
LOCATION: 204 E. Durant, which is located within Block 77, Lots.
K, L, M, N and O, City and Townsite of Aspen.
ZONING: L/TR - Lodge/Tourist Residential.
APPLICANT'S REQUEST: The applicant is requesting GMQS Exemptions
to reconstruct four free market dwelling units and build four new
fully deed restricted dwelling units. The Text Amendment request
is to allow the use of garage aprons as legal parking areas.
Subdivision approval is also requested so that the applicant may
condominimize the free market units at a later date. The applicant
will be seeking vested rights approval for three years from City
Council. Please refer to the complete application package.
REFERRAL COMMENTS:
1. Aspen Consolidated Sanitation District: Bruce Matherly has
indicated that there are downstream line constraints in the
First Street area. Development upstream will be required to
pay a development impact fee, which will be in addition to
normal connection charges.
2. Engineering Department: Cris Caruso has discussed parking,
site drainage, trash storage, vegetation,
sidewalks/curbs/gutters, and encroachments .in his referral
memorandum.
3. Fire Marshall: Ed Van Walraven states that the project will
be required to have a residential sprinkler and alarm system
installed.
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4. Housing Authority: Cindy Christensen has submitted comments
regarding compliance with the multi -family housing replacement
r
program.
5. Parks Department: George Robinson expressed concern that the
large spruce tree will most likely not survive a transplanting
and would like to see that this tree remain in its present
location.
6. Water Department: Phil Overeynder has submitted comments that
the Water Department has the ability to serve, this,project
once the applicable utility and connection fees are paid by
the applicant. The applicant will need to connect to the new
water main in Durant Street.
7. Zoning Office: Bill Drueding has submitted comments that
request more information to determine if the open space and
height requirements of the zone district will be met.
STAFF COMMENTS: This is the second application to be reviewed
pursuant to the multi -family housing replacement program that was
adopted with Ordinance 1. The first replacement proposal was
discontinued after P&Z review.
This memorandum will review GMQS Exemptions for Multi -family
Housing Replacement, Subdivision, and a Text Amendment.
GMQS Exemptions for Multi -family Replacement (Section 18-3.3)
(a) Minimum replacement requirement. In the event of the
demolition of resident multi -family housing, the owner shall
be required to construct replacement housing consisting of no
less than fifty (50) percent of the square footage of net
residential area demolished or converted. The replacement
housing shall be configured in such a way as to replace fifty
(50) percent of the bedrooms that are lost as working resident
housing by demolition. A minimum of fifty (50) percent of
the replacement housing shall be above natural grade. The
replacement housing shall be deed restricted as affordable
housing in accordance with the requirements of Article IV,
below.
Response: The existing multi -family structure, which is proposed
to be demolished, is 3,925 sq.ft. of net residential area. The
proposed replacement net residential area is 2,650 sq.ft. This
represents a 68% replacement which exceeds the 50% requirement of
this standard.
The structure that is slated to be demolished contains nine
bedrooms, and the replacement affordable housing units will include
five bedrooms. This exceeds the requirement that 50% of the
bedrooms shall be replaced.
Although the existing units are above grade, this provision permits
50% of the replacement units to be below natural grade. Of the
four replacement units, two will be above grade and two will be at
a garden level partially below grade. Fifty-five percent of the
replacement square footage and 50% of the units are located
partially below grade.
(b) Location of replacement housing. Multi -family replacement
units shall be developed on the same site on which demolition
has occurred.....
Response: The proposed replacement units are being developed on
the same site that the existing units are located.
(c) Timing and quality of replacement unit. Replacement units
shall be available for occupancy at the same time as the new
unit or units, regardless of whether the replacement units are
built on -site or off -site, and shall contain fixtures, finish
and amenities required by the housing designee's guidelines.
Response: The application does not address the timing of occupancy
for the affordable housing units, however because of the integrated
nature of the affordable units within the townhome complex it
appears that they will be available for occupancy at the time of
the free market units. The applicant will need to obtain approval
from the Housing Office as to the quality of fixtures, finish, and
amenities of the affordable housing units, prior to the issuance
of any building permits for the project.
Article IV. Rental and Resale Restrictions
Replacement units shall be subject to deed restriction in a
form and substance acceptable to the city council. Such deed
restricted units may only be rented or sold to tenants or
buyers who meet the city's qualifications in effect at the
time of sale or rental, and at sale prices or rental rates
which are also in compliance with the city's current
regulations. The owner shall be entitled to select tenants
or purchasers subject to the aforementioned qualifications.
The mix of affordable housing units, as between low, moderate,
and middle income, or resident occupied, may be determined by
the owner, provided no less than twenty (20) percent of the
bedrooms qualify as low income and no more than twenty (20)
percent of the units are available as resident occupied units.
'Response: The applicant will need to meet the deed restriction
requirements for the occupancy of the affordable housing units.
The applicant has submitted an amendment to the application which
states that the proposed resident occupied unit will be a Category
#2 unit. Therefore, the redeveloped affordable housing units will
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contain 20% low income bedrooms and 80% low/moderate income units.
This unit mix exceeds the minimum requirements of the Code.
In summary, the applicant is proposing the following units to be
deed restricted:
Unit 1
Category
#2
(2
bdrm,
8 50 net livable
sq . ft . )
Unit 2
Category
#1
(1
bdrm,
600 net livable
sq. ft. )
Unit 3
Category
#2
(1
bdrm,
600 net livable
sq.ft.)
Unit 4
Category
#2
(1
bdrm,
600 net livable
sq. ft. )
Subdivision
The Aspen Municipal Code requires that all division of land and the
development of multi -family units on a single parcel of land be
subject to the Subdivision regulations. The applicant will be
seeking condominimization approvals once the townhomes are under
construction. Although the applicant has not decided on how the
condominization will finally be structured, it is anticipated that
the four free market units will each be condominimized with an
affordable housing unit. Therefore, future purchasers will buy a
free market unit and a fully deed restriction unit, which have
mandatory occupancy, income, and rental restrictions.
Section 24-7-1004.0 sets the following review standards for
subdivision applications:
l.a. The proposed subdivision shall be consistent with the Aspen
Area Comprehensive Plan.
Response: The only reference the Aspen Area Community Plan (AACP)
makes to this property is the Open Space/Recreation and Environment
Action Plan. This plan identifies East Durant as a primary
pedestrian commuter route. The applicant has committed to install
sidewalks on E. Durant and Aspen Street in front of this project.
l.b. The proposed subdivision shall be consistent with the
character of existing land uses in this area.
Response: The surrounding parcels on Durant and Aspen Streets are
also zoned L/TR (Lodge/Tourist Residential) with similar densities
in residential and lodge buildings. The proposed subdivision is
consistent with the character of existing surrounding land uses.
The 22" spruce tree which is proposed to be removed would
negatively impact the character of this neighborhood. This tree,
approximately 65 feet high, is a significant asset to this
neighborhood. The Parks Department and staff strongly recommend
that the proposed structure be redesigned to accommodate the tree's
survival in it's existing location.
l.c. The proposed subdivision shall not adversely affect the future
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development of surrounding areas.
Response: In the immediate vicinity of this project there is a mix
of residences and lodges from various time periods and in varying
physical conditions. As with this project, there will probably be
some other properties that will be redeveloped over the next
several years. Staff does not see this request as posing any
adverse affects on future development of surrounding properties.
1.d. The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
Response: All development associated with this project will be
required to comply with the requirements of the L/TR zone district
and relevant provisions of the Aspen Land Use Regulations. The
applicant is seeking a text amendment to permit parking on garage
aprons, however, no other variances are being requested.
2.a. The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock
or soil creep, mudflow, rockslide, avalanche or snowslide,
steep topography or any other natural hazard or other
condition that will be harmful to the health, safety, or
welfare of the residents in the proposed subdivision.
Response: None of these natural hazards will affect the proposed
development.
2.b. The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or
premature extension of public facilities and unnecessary
public costs.
Response: Since this project is a redevelopment of an existing
building, no inefficient spatial patterns, premature extension of
public facilities or unnecessary public costs will be created by
the proposed development. The primary infrastructure to serve
development in the East Durant area is already in place. However,
the applicant is required to pay for some sanitary upgrades as
indicated by the ACSD letter.
The applicant will need to submit a Final Plat and Subdivision/PUD
Agreement within 180 days of City Council review, if the project
is approved.
Text Amendment (Section 24-7-1101)
The applicant is seeking approval of a text amendment that would
consider automobile parking spaces on garage aprons to be legal
spaces. The City of Aspen permits single family and duplex units
to utilize these garage aprons as legal parking spaces (See Section
24-5-302 C. below). Aprons are a logical place to park a car
5
because they are usually paved and provide easy access to the
entrance of a residence. The Code does not permit the use of
garage aprons for legal parking spaces for multi -family projects
(See Section 24-5-302 A. below). The primary reason this is not
permitted for multi -family projects is the potential that residents
of different units would block each other. In other words,
vehicles belonging to different units would be stacked together.
The layout of the 204 E. Durant project would allow this stacking
for automobiles from the same unit. This proposed text amendment
will only affect multi -family developments.
The Commission reviewed a similar request for the 0 Block
townhomes. After considerable discussion, the Planning commission
tabled the review. The applicant then discontinued the request in
forder to continue the review process.
Adopted Section 5-302 Characteristics of off-street parking spaces
and access to street or alley
A. General. Each off-street parking space shall consist of
an open area measuring eight and one-half feet (8-1/21)
wide by eighteen feet (18 1 ) long and seven feet (71 ) high
with a maximum slope of twelve (12) percent in any one
direction. Each parking space, except those provided
for detached residential dwellings and duplex dwellings,
shall have an unobstructed access to a street or alley.
No driveway shall exceed a maximum slope of twelve (12)
percent within twenty feet of a property line bordering
a public or private right-of-way. off-street parking must
be paved with all-weather surfacing or be covered with
gravel and maintained in a usable condition at all times.
C. Detached and duplex residential dwelling parking. Off-
street parking provided for detached residential
dwellings and duplex dwellings are not required to have
unobstructed access to a street or alley, but may consist
of garage area, or parking strip or apron.
The text language proposed by the applicant follows:
A. General. Each off-street parking space shall consist of
an open area measuring eight and one-half feet (8-1/21)
wide by eighteen feet (181) long and seven feet (71) high
with a maximum slope of twelve (12) percent in any one
direction. Each parking space, emeept fer these previde
fer detaehed resielential dwellings and eluplex dwelling-s-,
shall have an unobstructed access to a street or alley
,::.
Un: requirement as .:provided
s::::exempted; ,�:f�rom*..t
Selc.lm:.5.-1302:.:Cl. No driveway shall exceed a maximum slope
. of twelve . 1 2) percent within twenty feet of a property
line bordering a public or private right-of-way. Off-
street parking must be paved with all-weather surfacing
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no
or be covered with gravel and maintained in a usable
condition at all times.
In reviewing an amendment to the text of this chapter or an
amendment to the official zone district map, the city council and
the commission shall consider:
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
Response: The proposed text amendment complies with the applicable
portions of the Aspen Land Use Regulations.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
Response: The Transportation Action Plan of the AACP discusses
parking issues in a community wide and public program approach.
Staff does not believe that the proposed amendment will be
inconsistent with any element of the AACP.
C. Whether the proposed amendment is compatible with
surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics.
Response: The text amendment would enable all other multi -family
structures in any zone district to use garage aprons for legal
parking spaces provided they do not share common area. This
criteria is not generally applicable because it suggests only the
development parcel would be affected by a code amendment.
D. The effect of the proposed amendment on traffic
generation and road safety.
Response: The text amendment will not affect traffic generation
from the project. Road safety should not be affected as traffic
circulation will be concentrated in the alley.
E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether
and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including
but not limited to transportation facilities, sewage
facilities, water supply, parks, drainage, schools, and
7
.,A
emergency medical facilities.
Response: The text amendment may have a positive impact on
drainage facilities on properties that take advantage of using
garage aprons as legal parking spaces. By utilizing this area for
parking, less paved surface needs to be provided elsewhere on the
property to accommodate parking. Staff believes this amendment
will permit more permeable surface area on a site for on -site
drainage.
The Fire District has considered the proposed code amendment and
does not believe there will be any adverse impacts on their ability
to provide fire protection to multi -family structures.
F. Whether and the extent to which the proposed amendment
would result in significant adverse impacts on the
natural environment.
Response: As discussed under item E above, the text amendment may
actually reduce the paved area on a development parcel, thereby
providing improved drainage of the site.
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of
Aspen.
Response: Historic Preservation Officer, Amy Amidon, has prepared
an "Alley Enhancement Study Report" which concludes that to
encourage the preservation of Aspen's historic character, parking
along residential alleys is preferred to be located at the rear of
a parcel and accessed from the alley.
Staff has concern that if garage aprons are used as parking areas
the garage side of the building will look like a large parking
strip with the crowding of vehicles. In keeping with the
recommendations of the Alley Report, staff recommends that the code
amendment be approved, however, planter islands should be located
between each garage apron to soften the impact of a vehicle
dominant area.
The applicant's project is proposing a total of twelve outdoor
parking spaces and eight spaces within garages. Should the
Planning Commission agree with staff to require planter buffers
between each unit's garage apron, this will break up the auto
dominant appearance of this alley area.
I
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which
support the proposed amendment.
Response: Although staff does not believe there is a changed
condition in the neighborhood that would support the proposed
amendment, we believe the amendment would create a change in the
use of open space and existing off-street parking for multi -family
projects. In addition, the Residential Parking Permit program will
require residents to park off the street.
Should the text amendment not be approved, the applicant would need
to provide the required eight parking spaces proposed for the
garage aprons elsewhere on -site. Denial of this code amendment
would result in a de facto density control. An applicant needs to
provide a percentage of open space on a parcel in addition to on -
site parking. Should the area under garage aprons not be approved
as legal parking space, some projects may be required to scale back
the number of bedrooms or units in order to meet the on -site open
space and parking requirements of the Code.
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose
and intent of this chapter.
Response: Staff has identified the potential negative impacts and
advantages from the approval of the proposed amendment. Staff
believes that the proposed amendment can be approved (with
recommended changes) and be in harmony with the purpose and intent
of the Aspen Land Use Regulations.
STAFF RECOMMENDATION: The Planning Office recommends approval of
the applicant's request for Multi -Family Housing Replacement and
Subdivision for the 204 E. Durant project, subject to conditions.
Staff also recommends approval of the Text Amendment to permit
parking on garage aprons subject to some language changes.
Subdivision Conditions:
1. The replacement affordable housing units shall be fully deed
restricted as follows:
Unit 1 Category
#2
(2
bdrm,
850 net livable
sq. ft. )
Unit 2 Category
#1
(1
bdrm,
600 net livable
sq.ft.)
Unit 3 Category
#2
(1
bdrm,
600 net livable
sq. ft.)
Unit 4 Category
#2
(1
bdrm,
600 net livable
sq. ft. )
2. The applicant will need to obtain approval from the Housing
Office as to the quality of fixtures, finish, and amenities
of the affordable housing units, prior to the issuance of any
building permits for the project.
3. City Council must approve the applicant's method of housing
mitigation. Issues regarding sale, ownership, and subdivision
of the affordable housing replacement units must be submitted
for review and approval by City Council, prior to first
reading.
9
B
4. Prior to issuance of any building permits, the applicant shall
record the deed restrictions for the affordable housing units
and forward a copy to the Planning Office.
5. As recommended by the Aspen Fire Protection District, the
applicant shall have a residential sprinkler and alarm system
installed in the proposed structure. These systems shall be
identified on the building plans.
6. As recommended by the City Engineer in his memo dated June 16,
1994 the applicant shall:
a. provide a drainage plan which shall be approved by the
City Engineer, prior to issuance of a building permit.
b. submit a parking plan, prior to the issuance of a
building permit, which illustrates the size and location
of all parking spaces.
C. submit a site plan which shows a trash and recycle area,
utility meters, and other equipment, prior to the
issuance of a building permit.
d. consult the City Engineering Department (920-5080) for
design considerations, City Parks Department (920-5120)
for vegetation alterations including tree removal, and
shall obtain permits from the City Streets Department
(920-5130) for any work or development within public
rights -of -way, prior to commencing any of this work.
7. The Zoning Enforcement Officer identified the following items
that shall be submitted prior to issuance of a building
permit:
a. an open space plan indicating the areas counted per the
"Open Space" definition in Section 24-3-101.
b. height information in accordance with Section 24-3-101
of the Land Use Regulations.
8. In order to be in compliance with the recommendations of the
Water Department, the applicant shall:
a. connect to the 20-inch water main in Durant Avenue and
this shall be verified during the building inspection
process.
b. pay its proportionate share of the costs associated with
the abandonment of the existing 6-inch water line in
Durant Avenue.
C. contact the Customer Service Department (920-5031) to
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review the proposed plans to establish the amount of the
utility connection charges and to review detailed plans
to provide water service, including water metering of the
proposed units.
9. A sidewalk, curb and gutter shall be installed along E. Durant
and Aspen Street, prior to issuance of any Certificates of
Occupancy for the project. This sidewalk shall be a concrete
surface, at least five feet wide, and no obstacles within this
width.
10. The applicant shall submit a Final Plat and Subdivision
Agreement within 180 days of City Council review, for review
and approval by the City Attorney, City Engineer, and Planning
Office.
11. The Parks Department has submitted the following conditions
of approval with regards to this application:
a. The 8" diameter spruce tree, which is approximately 22I
in height, that is proposed to be relocated on site must
survive for at least 2 years after it is transplanted or
be replaced with equal value. The applicant must apply
for and receive a tree removal permit prior to any
disturbance of this tree.
b. The 2211diameter spruce tree, which is approximately 65'
in height, is a significant mature tree that needs to be
saved at all costs. The applicant shall redesign the
building to accommodate the health and safety of the
tree's survival, prior to first reading by City Council.
12. All material representations made by the applicant in the
application and public meetings shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
Recommended language for the Text Amendment
Section 5-302 Characteristics of off-street parking spaces
and access to street or alley
A. General. Each off-street parking space shall consist of
an open area measuring eight and one-half feet (8-1/21)
wide by eighteen feet (181) long and seven feet (71)
high. Each parking space, shall have a public
unrestricted access to a street or alley unless exempted
from this requirement as provided for in Section 5-302
C. Off-street parking must be paved with all-weather
surfacing or be covered with gravel and maintained in a
usable condition at all times.
C. Access to a street or alley. Off-street parking provided
for detached residential dwellings, duplex dwellings and
multi -family dwellings which do not share a common
parking area is not required to have unobstructed access
to a street or alley, but may consist of garage area, or
parking strip or apron.
Developments consisting of more than two dwelling units
shall have a planter buffer installed between every two
parking spaces. Planter buffers shall be a minimum of
ten feet (101) long and two and one-half feet (2-1/21)
wide and thirty inches (3011) tall.
RECOMMENDED MOTION: "I move to recommend approval of the 204 E.
Durant Subdivision and Multi -family Housing Replacement project to
City Council. I further move to recommend approval for the text
amendment to permit parking on garage aprons for multi -family
projects. These recommendations of approval are forwarded to City
Council with the conditions recommended in the Planning Office
memorandum dated July 5, 1994.11
Exhibits:
"All - Application Information
IIBII - Aspen Consolidated Sanitation District referral memo
IICII - City Engineering Department referral memo
I'D" - Housing Office referral comments
"Ell - Water Department referral comments
"IF" — Zoning Department referral comments
IIGII - Parks Department referral comments
apz.sub.gmqs.text.204edur
12
Exhibit D
MEMORANDUM
TO: Mary Lackner, Planning Office
FROM: Cindy Christensen, Housing Office
DATE: June 17, 1994
RE: 204 East Durant GMQS Exemption, Subdivision and Text
Amendment
Parcel ID No. 2735-131-05-002
ISSUE: The applicant is requesting an exemption from the City's
growth management quota system (GMQS) for the reconstruction of
four multi -family dwelling units, located at 204 East Durant
Avenue. A GMQS exemption for the provision of four on -site,
affordable housing units is also be requested. I will be
addressing this issue.
BACKGROUND: The applicant is proposing to provide four on -site
affordable housing units on the project's middle and lower levels.
The project's lower level will contain one 600 square foot, one
bedroom unit and one 850 square foot, two bedroom unit. The middle
level will contain two 600 square foot, one bedroom units.
The specific requirements of the Resident Multi -Family Housing
Replacement Program are as follows:
1. A minimum of 50% of the net residential area demolished must
be replaced as deed restricted affordable housing.
2. The replacement housing must be configured in such a manner as
to replace 50% of the bedrooms which are lost through
demolition.
3. A minimum of 50% of the replacement housing must be above
natural grade.
4. The replacement housing must be developed on the same site on
which the demolition occurred unless it can be demonstrated
that the replacement of the units on -site would be
incompatible with adopted neighborhood plans or existing site
constraints.
5. The income and price categories of the replacement housing
units may be determined by the applicant provided, hovl,ever,
that a minimum of 20% of the bedrooms are deed restricted to
low income guidelines and no more than 20% of the units are
restricted to resident.
RECOMMENDATION: The Housing Office recommends approval of this
request as the applicant is proposed to provide the following:
1. 3,925 square feet is being demolished and being replaced by
2,650, over the requirement to be replaced.
2. 50% of the bedrooms must be replaced. Ten bedrooms are being
demolished and five bedrooms are being replaced.
3. 50% of the replacement housing must be above grade. Although
not quite 50% of the replacement is above grade, the other
units are partially above grade.
4. The replacement housing is being developed on the same site.
5. The applicant is proposing one Resident Occupied category
unit, one Category 1 unit and two Category 2 units. This
breakdown is in line with the requirement.
If approved, the Housing Office would require the applicant sign
and record Deed Restrictions for each unit, restricting the units
as Resident Occupied for Unit 1, Category 1 for Unit 2 and Category
2 for Units 3 and 4. The Housing Office will provide the deed
restrictions for recording to the applicant. The Housing Office
must have the recorded book and page number prior to building
permit approval.
\word\referra1\204EDUR.EM
2
Exhibit A
VANN ASSOCIATES 27
Planning Consultants
May 27, 1994
HAND DELIVERED
Ms. Mary Lackner ,
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: 204 East Durant GMQS Exemption Application
Dear Mary:
As you requested, enclosed herewith is a rent schedule for the six (6) existing multi -family
units located at 204 East Durant Street. This rent schedule was in place at the time the
Applicant purchased the property from Ralph Melville in February of 1994, with the
exception of the rental rate for Unit #4 which the Applicant reduced to its present level.
With respect to the project's proposed replacement housing, the application indicates that
Unit #1 will be deed restricted to APCHA's resident occupancy guidelines. As you
pointed out in your May 16, 1994, letter, twenty-five (25) percent of the replacement
housing units would be deed restricted to resident occupancy under this scenario. As the
Land Use Code limits resident occupied units to a maximum of twenty (20) percent of
the replacement housing units, the Applicant will instead deed restrict Unit #1 to
APCHA's Category #2 guidelines.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
ASSOCIATES
q
unny a , AICP
SV:cvw
Enclosure
cAbus\city.1tr\1tr24794.m11
230 East Hopk!ns Avenje - Aspen, Co,orado 81611 • 303 925-6958 - Fax 30 ? ` , ' !
\ t
Exhibit B
Aspen (Ponsolidated Sanitation District
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925-3601 FAX N(303) 925-2537
Sy Kelly - Chairman Michael Kelly
Albert Bishop - Treas. -- - Frank toushin
Louis Popish - Secy. Bruce Matherly, Mgr.
June 6, 1994 ' v
Mary Lachner Planning Office
130 S. Galena r -
Aspen, CO 81611
Re: 204 E. Durant GMQS Exemption
Dear Mary:
The Aspen Consolidated Sanitation District currently has
sufficient treatment capacity to serve this proposed development.
There are downstream constraints in the area of First street that
the District will need to alleviate. The improvements needed
downstream will be funded through development impact fees, which
will be in addition to our normal total connection charges.
Service is contingent upon compliance with the District's Rules
Regulations and Specifications which are on file at the District
office. The total costs of connection can be estimated once
detailed plans are available and a tap permit is completed.
Please call if you have any questions.
Sincerely,
Bruce Matherly
District Manager
EPA AWARDS OF EXCELLENCE \�
1976 - 1986 - 1990
REGIONAL AND NATIONAL
Exhibit C
Memorandum
To: Mary Lackner, Planning Office
From: Cris Caruso, City Engineer (�
Date: June 16, 1994
RE: 204 East Durant GMQS Exemption, Subdivision, and Text Amendment
Upon review of the above referenced application and site inspection, the Engineering
Department has the following comments:
Parking: The on -site parking spaces appear adequate in number and function if "stacking"
is permitted. Confirm condition with the Zoning Department. The parking spaces may not
extend into the public right-of-way.
Site Drainage: The applicant is advised that storm run-off from the property or structures
thereof must be kept on the applicant's property and may not be drained to the alley or adjacent
streets.
Trash Storage: The final development plan must indicate a trash storage area which may
not be placed in the public right-of-way and should be indicated as a "trash and recycle" area.
Any trash and recycle areas that include utility meters or equipment must provide that these
remain unblocked by trash or recycle containers.
Vegetation: It is preferred that vegetation and trees be preserved by the applicant.
Bushes located in the right-of-way along Durant Avenue could be saved even with construction
of the sidewalk. The site plan submitted indicates that a seventy feet tall spruce tree is to be
removed as part of the development. Measures should be taken to avoid destroying this historic
tree. A permit is required to remove any tree over six inches in diameter. The property owner is
responsible for landscaping any right-of-way area which is disturbed by construction and
maintenance of the right-of-way area adjacent to the property. Right-of-way work must be
approved by the appropriate agencies.
Encroachments: The encroaching fences and shed must be removed per the development
site plan. Any new structures must be placed within property limits. Any new utility equipment
must be placed within property limits.
Sidewalks, Curbs & Gutters: Per Section 19-98, a certificate of occupancy shall not be
issued until sidewalks have been constructed. An existing sunken section of curb and gutter
along the.south property line, which may be above a water service, must be repaired per Section
19-103.
Prior to commencing work within the public right-of-way, the applicant shall consult the City
Engineering Department (920-8040) for design considerations, City Parks Department (920-
5120) for vegetation alterations including tree removal on private property, and shall obtain
permits from the City Streets Department (920-5130) for any work or development within
public rights -of -way.
94004sub.ref
Exhibit E
MEMORANDUM
TO: MARY LACKNER, ASPEN/PITKIN PLANING OFFICE
FROM: PHIL OVEREYNDER, WATER DIRECTOR
SUBJECT: 204 EAST DURANT GMQS EXEMPTION
DATE: JUNE 279 1994
Thank you for the opportunity to review the above referenced application. The Aspen Water
Department has the following comments.
The proposed project is located within the Aspen City limits and will be served by the Aspen
Water Department pursuant to adopted City Water Policy. There is sufficient water capacity to
serve expected development within the City.
The application states (page 22) that water service will be through a connection to either a 6-inch
or 20-inch water main located in the Durant Avenue right-of-way. The 6-inch main in Durant
Avenue is a redundant facility which only provides service on a dead end portion of the line.
The Water Department recommends that service be provided by connection to the 20-inch water
main. It is further recommended that the 6-inch cast iron water main be abandoned on the
subject block of Durant Avenue, and that existing water connections on this block be relocated
to the 20-inch line in order to provide reliable water service to the area and eliminate existing
redundant facilities which increase the risk of failure of the water distribution system adjacent
to the project. The project should be conditioned to pay its proportionate share of the costs of
abandonment.
It is recommended that the project engineer contact the Customer Service Department at 920-
5031 to review the proposed plans to establish the amount of the utility connection charges and
to review detailed plans to provide water metering service, including water metering of the
proposed units.
cc: Larry Ballenger
Kris Everhart
PO: rl
/phi /durant.gmgs
Exhibit F
MEMORANDUM
TO: Mary Lackner
FROM: Bill Drueding
RE: 204 E. Durant GMQS Exemption
DATE: June 29, 1994
1. A tree removal permit and a landscape plan will be required.
2.
The applicant shall furnish
an open space plan
indicating the
areas counted per the "Open
Space" definition
in Section 3-
101.
3.
The applicant shall provide
a parking plan.
4.
Height shall be calculated
per the "Height"
definition in
Section 3-101.
5.
Stairs over 30 inches are not permitted in setbacks [Section
3-101, Yards (A)(5)].
The
renderings provided are conceptual.
Detailed
drawings shall
address the issues noted above.
Exhibit G
MEMORANDUM
TO: Mary Lackner, Planning Office
FROM: George Robinson, Parks Director`_`Y
DATE: June 30, 1994
RE: 204 E. Durant GMQS Exemption, Subdivision & Text Amendment
The Parks Department has concerns related to three issues: the spruce tree on Durant Street
to be relocated, the spruce tree on Aspen Street to be removed, and sidewalks.
1) The 8" diameter spruce tree, which is approximately 22' in height, that is proposed
to be relocated on site must survive for at least 2 years after it is transplanted or
be replaced with equal value.
2) The 22" diameter spruce tree, which is approximately 65' in height, is a significant
mature tree that needs to be saved at all costs. Consider redesigning the building
to accommodate the health and safety of the tree's survival. No construction should
occur within the dripline of the tree. If this is not possible, the only alternative
would be to relocate the tree off -site at the owner's expense and donate to the City
of Aspen Parks Department or the Golf Course. Location of site to be determined
by the City of Aspen. This requires that the tree survive at least two years after it
is moved or be replaced with equal value.
3) Sidewalks need to comply with the City of Aspen guidelines from the adopted 1990
Pedestrian Walkway and Bikeway System Plan. Major issues are:
a) concrete surface, and
b) at least 5 feet in width with no obstacles within this width.
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
RE: Austin Conditional Use for an Attached Accessory Dwelling
Unit - Public.Hearing (Continued from June 7, 1994)
DATE: July 5, 1994
SUMMARY: The Planning Office recommends approval of the Austin
Conditional Use for a 352 s.f. basement level accessory dwelling
unit to be created within a new residence with conditions.
APPLICANT: Anne Austin -Clapper, represented by James Hartrich
LOCATION: 601 W. Francis (E.1/2 Lot H and all of Lot I, Block 22,
City and Townsite of Aspen)
ZONING: R-6
APPLICANT'S REQUEST: The applicant requests Conditional Use for
the construction of a basement level accessory dwelling unit within
a proposed residence in accordance with Ordinance 1 housing
replacement requirements. The 4,500 s.f. site is currently
occupied by a 2,256 s.f. dwelling which will be demolished. The
replacement structure will have four bedrooms and will be
approximately 2,800 s.f. of FAR with a full basement. Because the
ADU is not 100% above grade the applicant is not eligible for an
FAR bonus for the property. The applicant has submitted floor
plan, elevation, and site drawings for the proposed ADU. See
Exhibit "A".
PROCESS: The Planning Commission shall make a determination on the
Conditional Use for the accessory dwelling unit.
REFERRAL COMMENTS: (complete referral memos are attached as
Exhibit "B".
Housing: The proposed unit must meet the requirements of Section
24-5-510 of the Aspen Municipal Code. It shall be between 300 and
700 square feet of net livable area, deed restricted to resident
occupancy, and have minimum lease periods of 6 months. The deed
restriction shall be approved by the Housing Office, recorded with
the County Clerk, and proof of recordation forwarded to the Housing
Office prior to issuance of any building permits for the site.
Zoning: Although not specific to the ADU, the residence as
proposed does not meet the minimum 6.66' side setback for a corner
lot. The applicant has been advised of this problem.
STAFF COMMENTS: The Commission has the authority to review and
approve development applications for conditional uses pursuant to
the standards of Section 24-7-304:
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.
RESPONSE: This proposed unit will allow the property to house
local employees in a residential area, which comp -lies, with the
zoning and Aspen Area comprehensive Plan.
B. The conditional use is consistent and compatible with th 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.
RESPONSE: The accessory dwelling is compatible with the principal
dwelling and other residential uses in the surrounding
neighborhood.
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.
RESPONSE: A parking space is not required by code for a studio
accessory unit. Four spaces are provided on site for the four
bedrooms of the principle dwelling. As Zoning pointed out, the
designer must still resolve a setback issue for the residence.
No other significant neighborhood impacts are anticipated.
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.
RESPONSE: All public facilities are already in place for the
existing home and neighborhood.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
RESPONSE: The applicant must file appropriate deed restrictions
for resident occupancy, including 6 month minimum leases. Proof
of recordation must be forwarded to the Planning Office and Housing
Office prior to issuance of any building permits. The kitchen
2
facilities in the ADU must comply with the Housing Guidelines
specifications
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: If approved with the conditions recommended by staff,
this use complies with the Aspen Area Comprehensive Plan for
provision of sound, livable affordable housing units.
STAFF RECOMMENDATION: Planning recommends approval of the Austin
Conditional Use for a 352 s.f. basement level accessory dwelling
unit with the following conditions:
1. The owner shall submit the appropriate deed restriction to the
Aspen/Pitkin County Housing Office for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with minimum 6 month leases. Upon approval by the
Housing Office, 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 kitchen in the ADU must comply with the specifications
within the Housing Guidelines.
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. 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 a Conditional Use for a 352
s.f. basement level accessory dwelling unit within the proposed
Austin residence at 601 W. Francis St. with the conditions
recommended in the Planning Office memo dated 6/7/94."
Exhibits:
"A" - Proposed Site Plan, Floorplan, and Elevations
"B" - Referral Memos
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MEMORANDUM
TO: Kim Johnson
FROM: Bill Drueding*, �City Zoning Officer
RE: Austin Conditional Use Review for an Accessory Dwelling
Unit - Referral Comments
.DATE: May 10, 1993
The site plan shows the side yard setback at five (5) feet.
Section 3 -101 (C) , the definition of yard for a corner lot requires
a side yard setback of 6.66 feet. I advised James Hartrich of this
requirement on May 5. 1994.
MEMORANDUM
TO: Kim Johnson, Planning Office
FROM: Cindy Christensen, Housing Office
DATE: May 31, 1994
RE: Austin Conditional Use Review for an Accessory Dwelling
Unit
Parcel ID No. 2735-124-26-005
The Housing Of f ice recommends approval for the requested accessory
dwelling unit based on the following conditions:
Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor
area and not more than seven hundred (700) square feet of allowable floor area. The unit shall be
deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be
limited to rental pericds of not less than six (6) months in duration. Owners of the principal residence
shall have the right to place a qualified employee or employees of his or her choosing in the
accessory dwelling unit.
The applicant states that the unit is to be 352 square feet, at
ground level with good views to the east, and is to be incorporated
in the principal residence.
The kitchen must be built to the following specifications:
Kitchen must contain a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot
refrigerator plus freezer.
Before the applicant can receive building permit approval, the
applicant must provide to the Housing Office actual floor plans of
the proposed accessory dwelling unit and a signed and recorded Deed
Restriction, which can be obtained from the Housing Office. The
Housing Office must have the recorded book and page number prior to
building permit approval.
\Word\referral\austin.adu
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Kim Johnson, Planner
RE: Mirabella Special Review for Outdoor Dining
DATE: July 5, 1994
SUMMARY: Mirabella Restaurant (soon to open at the Katie Reed
Plaza) requests the use of two open spaces adjacent to the
restaurant for outdoor patio dining.
Pursuant to Section 24-3-101, required open space may be used for
a commercial restaurant activity via a review by the Planning and
Zoning Commission.
APPLICANT: Aspen, Arcade, Ltd. and Bay Bridge Investments, Janet
Lightfoot
LOCATION: 216 S. Monarch
ZONING: CC - Commercial Core
APPLICANT'S REQUEST: To use open spaces along the Monarch Street
frontage and within the courtyard for patio dining.
REFERRAL COMMENTS: (memos are attached as Exhibit "B")
Engineering - In a conversation with Planning Staff, Chuck Roth
stated that the request for 15" encroachment onto Monarch Street
right-of-way is not appropriate. He recommends that CCLC should
rent the space to the applicant in the manner that mall leases are
handled.
City Clerk's Office - The CCLC reviewed this use of public property
in the context of the pedestrian mall leases. They approved the
use of the Monarch Street right-of-way for outdoor dining.
Environmental Health - The only concern is that the restaurant must
receive a standard food service license and pre -opening inspection.
STAFF COMMENTS: The Katie Reed parcel provides approximately 2,300
s.f. of open space, meeting the minimum 25% open space requirement
for the CC zone district. It was recognized during redevelopment
approval in 1992 that approximately 650 s.f. of the open space
provided did not meet the exact definition of open space from the
land use code because it did not encompass at least 50% of the
parcel's frontage. The situation was compounded because the parcel
is a corner lot and the definition of open space does not treat
corner lots in a separate manner. However, this issue has no
bearing on the current proposal.
The Historic Preservation Committee did not wish to review the
specific designs of the tables, chairs or fencing. The Commercial
Core and Lodging Commission reviewed this application because it
involves a portion of the Monarch Street public right-of-way. They
approved the request.
The applicant proposes outdoor dining for lunch and dinner from
April to October. They wish to utilize four two -person tables in
an approximately 213 square foot area in the plaza between the
historic Katie Reed building and the new mixed use structure, and
four two -person tables in approximately 138 s.f. adjacent to
Monarch Street. The two spaces will be separated from pedestrian
ways by 3.5' tall iron fences as required to serve alcoholic
beverages. As mentioned in the application, the fence on the
Monarch side needs to be placed 15" into the public right-of-way
to comply with minimum walkway width requirements for the area
inside the fence. Over eleven feet of sidewalk remains on the
Monarch Street frontage.
Please refer to Exhibit "A" for a site plan and application
information. The property owner has consented to the outdoor
dining improvements.
RECOMMENDATION: Staff recommends approval of the review for
outdoor dining in required open space for the Mirabella Restaurant
as proposed, finding that outdoor dining in this location will not
inhibit pedestrian movement or emergency vehicle access and the use
is compatible and consistent with summer activities found in
downtown Aspen.
Staff recommends approval with the following conditions:
1. The use of the open space is for outdoor dining with up to
eight two -person tables.
2. The outdoor dining use may run from April 1 through October 1.
3. This approval may run with the restaurant until such time that
the patio use is expanded which shall require an amendment to this
approval or the property owners terminate the use of this area for
outdoor dining purposes.
4. The fencing and gates shall be in accordance with any
applicable Environmental Health, Building Department, or Liquor
Licensing requirements.
5. The outdoor dining use shall comply with all conditions of the
lease agreement with the Commercial Core and Lodging Commission.
E
6. All representations made in the application or by the applicant
at the Planning and Zoning Commission meeting shall be adhered to
during development.
RECOMMENDED MOTION: "I move to approve the review for outdoor
dining in the open space at the Katie Reed parcel for the Mirabella
Restaurant with the conditions as outlined in Planning Office memo
dated July 5,_1994." —�
Exhibits:
A. Proposed Site Plan and Application Information
B. Environmental Health Referral Comment
3
3
PLANNING & ZONING COkKISSION
EXHIBIT APPROVED ►
19 BY RESOLUTION
page 2
L-ANE> USE ^F>RL-1CATION F=QFRM ATTACHMENT 2
ATTACHMENT II
1. See attached letter.
2. Lots A, B9 C, Block 81, City and Townsite, Aspen, Co, Katie
Reid Building, 301 East Hopkins Ave.
3. See attached letter.
4. Copy of map attached.
5. Mirabella Restaurant would like to expand our dining area to
incl,ude a portion of the Katie Reed Buildings' patio. We want
to enclose the patio areas with cast iron fencing 3'6" high
and serve food and beverages for 16 additional patrons. We
plan to use the patio from Apri,l through October for lunch and
dinner, 11:00 am through 11:00 pm. PI -ease review Attachment
III Section A for detailed site plan and examples of furniture
and fencing.
In the Commercial Core, pursuant to Section 3-101 Land Use
Regulations, required open space may be used for commercial
.restaurant use if, the commission shall determine that such
use is compatible with or enhances the purposes of these open
space requirements and that adequate pedestrian and emergency
vehicle access will be maintained.
The open space surrounding the Mirabella Restaurant is under
utilized and naturally lends itself to use for patio dining.
The ambiance created with patio dining would not only provide
an alternative dining experience for our clientele but would
enhance the image of the area as well.
P 0 S T 0 F 'F I C E 8 0 X 2 4 0 4 A 5 P E N C 0 L 0 R A D 0 6 1 6 1 2
PEMBER
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REID
ARCHITECTS
INC
P.O.
BOX
1303
412
N.
MILL
ST
ASPEN, CO
81612
G'~
KA)X Satellite Dish
Conditional Review
Affidavit of required Mailing and Posting
7/5/94
Willis Pember
Suzan nah VK Reid AIA
Letters to property owners within a 300' radius of the building were mailed 6/16/94.
Required mailing date 6/25/94
Public Notice was posted 6/21/94 on south side of Gym building.
Notice required to be posted by 6/25/94
The above was done on the dates above as required by the procedures for the Conditional
Use Review process.
Suzan
7 /5/1f
dat
TL 3 0 3 9 2 0 9 2 2 5
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WEST NORTH
MARGERY ,I
'410 SOUTF
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MARGARET S.,JOHNSTON'
30 DEXTER STREET 44,
DENVER CO
CHARUE. S CHAYE I I
.,588 SO. PONTIA
'DENVER' COS '`802
._i'CHRISTINA M. HARTMAN
LIFT ONE CONDO
FAITH -HARTMAN :COHENE
-2865 NE 24TH COURT
FT.,LAUDERDALE FL
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CHRISTOPHER L. PHILLIPS
210"COOPER CONDO
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PRUDENTAL HOME MORTGAGE: co.
BOX 4157
FREDERICK MD
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GASTON A. ALCIATORE 210 COOPER CONDO
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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 f of lows :
I, SUNNY VANN, being or representing an Applicant before
the City of Aspen, personally certify that Public Notice of the
application for GMQS exemption and subdivision approval for the
reconstruction of four (4) multi -family dwelling units which are
located at 204 East Durant Street, was given by 1) posting of notice
containing the information required in Section 6-205.E.2., which
posting occurred on June 24, 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
(3 &..0 ) feet of the subject property, which mailing occurred on June
24, 1994.
Applicant:
S.G.A. ASPEN LIMITED LIABILITY
CO
No
The foregoing Affidavit of Public Notice was acknowledged
and signed before me this _�� day off;. '1VT 1994, by
Sunny Vann on behalf of S.G.A. ASPEN LIMIT D L ABILITY COMPANY.
WITNESS my hand and official seal.
My commission expires:���J�G��r
f r�
Notar Public
PUBLIC NOTICE
RE: 204 EAST DURANT STREET SUBDIVISION, TEXT AMENDMENT AND GMQS
EXEMPTION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, July 5, 1994 at a meeting to begin at 4:30 p.m. before the
Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City
Hall, 130 S. Galena St., Aspen, to consider an application
submitted by S.G.A. Aspen Limited Liability Company, c/o Douglas
P. Allen, 225 N. Mill St., Suite 210, Aspen, CO, requesting
subdivision approval to develop an eight unit (four free market
units and four fully deed -restricted units), multi -family
residential project. The applicant is also requesting an amendment
to the City of Aspen Municipal Code Section 24-5-302(A) and (C) to
allow the use of the garage aprons for four parking spaces and GMQS
Exemption to reconstruct four multi -family affordable dwelling
units. The property is located at 204 E. Durant.Avenue; Lots K,
L, M, N and O, Block 77, City and Townsite of Aspen. For further
information, contact Mary Lackner at the Aspen/Pitkin Planning
Office, 130 S. Galena St., Aspen, CO 920-5106
s/Bruce Kerr, Chairman
Aspen Planning and Zoning Commission
Published in the Aspen Times on June 17, 1994
City of Aspen Account
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3RD FLOOR
% 7ent J. Higens ASPEN, COLORADO 81611 Christina Davis
President 303-925-1766 : 303-925-6527 FAX Vice President
3001 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 LOTS K, L, M, N AND 0,
BLOCK 77, CITY AND TOWNSITE OF ASPEN as obtained from the most current
Pitkin County Assessors Tax Rolls, and updated to April 1, 1994.
TAX SCHEDULE NUMBER
NAMES AND ADDRESSES
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PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF
Au--THORIZ(gZA -SAGNATURE
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