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ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
October 19, 1993, Tuesday
4:30 P.M.
2nd Floor Meeting Room
ci ty Hall
I. COMMENTS
Commissioners
Planning Staff
Public
II. MINUTES
III.
PUBLIC HEARINGS
A.
Berger Condi tional Use Review,
(continued from October 5)
Kim Johnson
B. Goldberg Conditional Use Review, Leslie Lamont
IV. WORKSESSION
A. 210 Midland Affordable Housing Project, Kim Johnson
& Mary Lackner
V. TRAINING VIDEO
VI. ADJOURN
(Leslie is expecting your comments on her summary of your Aspen
Highlands comments.)
A G E N D A
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
October 19, 1993, Tuesday
4:30 P.M.
2nd Floor Meeting Room
City Hall
I. COMMENTS
Commissioners
Planning Staff
Public
II. MINUTES
III. PUBLIC HEARINGS
A. Berger Conditional Use Review, Kim Johnson
(continued from October 5)
B. Goldberg Conditional Use Review, Leslie Lamont
IV. WORKSESSION
A. 210 Midland Affordable Housing Project, Kim Johnson
& Mary Lackner
V. TRAINING VIDEO
VI. ADJOURN
(Leslie is expecting your comments on her summary of your Aspen
Highlands comments.)
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Suzanne Wolff, Administrative Assistant
RE: Upcoming Agendas
DATE: October 19, 1993
Regular Meeting - November 2
Sbarbaro Conditional Use Review (ML)
Aspen Club Lodge Text Amendment, GMQS Exemption & Conditional Use
Review (KJ)
Regular Meeting - November 16
Kraut AH Subdivision & Text Amendment (LL)
Galena Plaza CC Zone District Commercial GMQS (KJ)
Regular Meeting - December 7
Office Zone District Commercial GMQS:
Cap's Auto (ML)
Stapleton (LL)
a.nex
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planning
RE: Berger Conditional Use for an Accessory Dwelling Unit -
Tabled from October 5, 1993
DATE: October 19, 1993
Summary and Revisions: This item was tabled to allow the applicant
to respond to several staff and Commission concerns. Specifically,
staff and a Commission majority -wanted one on -site parking space
for the accessory unit based on the location of the project and the
limited on -site parking for the adjacent properties. Also
discussed were improvements to snow shedding, turning movements for
parking spaces, trash storage, and sound attenuation requirements.
Staff Is original memo dated 10 / 5 / 9 3 is attached for your reference.
The applicant has worked with Zoning staff and resolved the window
well / setback issue presented at the first hearing.
The revised drawing and text dated 10/12/93 indicate that one
parking space has been added to the west of the proposed residence
for a total of three on -site spaces. The applicant shows that space
number 3 will be covered with grass ring pavers which are
structurally sound for parking, yet look like the lawn to which
they are adjacent. Staff accepts this solution with the condition
that the space "be maintained in a usable condition at all times" -
language which is straight out of Section 5-302 A. of the land use
code regarding "characteristics of off-street parking spaces".
Also reviewed and approved by Engineering staff are the revised
turning radii for the other two parking spaces.
Also revised are the roof elements to protect the ADU entry from
snow shedding. A small overhang has been added directly above the
ADU doorway, and the roof pitch over -the walkway along the south
side of the residence has been lessened and gutters and snow guards
have been added.
Recommendation: Planning and Engineering recommend approval of the
accessory dwelling unit according to the revised site plan and
elevation sketches, with the following list of 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.
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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 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. The building permit site plan shall indicate a trash storage
area on the premises.
5. Parking space number 3 shown on the October 12, 1993 revised
site plan shall be maintained in a usable condition at all
times.
6. 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 approve a Conditional Use for a 397
s.f. basement level accessory dwelling unit within the proposed
Berger residence at 312 W. Gillespie as represented in the October
12, 1993 revised drawings and text, including one on -site parking
space for the ADU, with the conditions recommended in the Planning
Office memo dated 10/19/93."
Attachments:
Staff memo dated 10/5/93
Revised drawings and text dated October 12, 1993
`q
VA
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
RE: Berger Conditional Use for an Attached Accessory Dwelling
Unit - Public Hearing
DATE: October 5, 1993
SUMMARY: The Planning Office recommends approval of the Berger
Conditional Use for a 397 s.f. basement level accessory dwelling
unit to be created within a new residence with conditions.
APPLICANT: Bruce C. Berger represented by Dick Fallin
LOCATION: 312 Gillespie, easterly tract of the C.F. Murphy
Subdivision Exemption
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 requirements.
The 7,200 s. f. site is currently occupied by a small dwelling which
will be demolished. This parcel, in common ownership with the lot
to the west is on the historic landmark inventory because of the
neighboring structure. 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. The HPC must
review the demolition of the existing dwelling.
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.
Engineering: The historic parking for this and the neighboring
property is located in the public right-of-way, which is not
approved. The new structure shall provide on -site parking for both
proposed free market bedrooms per code, as well as a parking space
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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 Berger
Conditional Use for a 397 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. A parking space for use by the Accessory Dwelling Unit shall
be dedicated on the building permit site plan in addition to
two spaces required for the two -bedroom free market dwelling.
4. The window and window well sizes for the Accessory Dwelling
Unit shall not be reduced. The applicant may choose to
eliminate the setback encroachment of the window wells by
either moving the structure to the west or by raising the
structure up to heights as allowed by the dimensional
requirements of the R-6 zone district.
5. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission and Historic Preservation Committee shall
be adhered to and considered conditions of approval, unless
otherwise amended by other conditions. .
RECOMMENDED MOTION: "I move approve a Conditional Use for a 397
s.f. basement level accessory dwelling unit within the proposed
Berger residence at 312 W. Gillespie with the conditions
recommended in the Planning Office memo dated 10/5/93."
Exhibits:
"A" - Proposed Site Plan, Floorplan, and Elevations
"B" - Referral Memos
"C" - Parking Scenario Proposed by Planning Staff
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Senior Planner
RE: Goldberg/Silver City Grill - Conditional Use Review
DATE: October 19, 1993
----------------------------------
SUMMARY: The applicants have requested a conditional use review
to create a bar/sandwich establishment as an adjunct to the Silver
City Grill. A restaurant is a conditional use in the C-1 zone
district. Staff recommends approval of the conditional use with
conditions.
APPLICANT: Susan and David Goldberg as represented by Rick Neiley
LOCATION: 308 South Hunter Street, Aspen
ZONING: Commercial, C-1
APPLICANT'S REQUEST: Conditional use approval for a restaurant in
the C-1 zone district.
REFERRAL COMMENTS: Please see attached referral comments from the
Engineering and Environmental Health Departments and the Housing
Office, Exhibit A.
STAFF COMMENTS:
Proposal - The Goldbergs own the. Silver City Grill and seek to
provide additional space especially for patrons waiting to eat at
the Silver City Grill. Initially, they explored expanding into the
retail space next door. The Goldbergs now have the opportunity to
take over the L.A. Salon space, a full service beauty salon, on the
lower level which is approximately 555 gross square feet (which
included the storage/delivery area). They propose to remodel the
space into a lunch, snack and late night food service and bar
operation. A full kitchen with oven will not be installed. Please
see Exhibit B.
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 recently adopted Aspen Area Community Plan
recommends guidelines for locally serving commercial businesses:
developments which include locally oriented businesses should be
1
encouraged via a menu of options; and provide incentives for
strategic growth by locally serving commercial and office uses and
small lodges.
The purpose of the C-1 zone district is to provide for the
establishment of commerical uses which are not primarily oriented
towards serving the tourist population.
The Silver City Grill is in desperate need of a waiting area for
their patrons, especially in the winter. The development of the
small sandwich shop/bar "annex" to the Silver City Grill will help
the Grill provide better customer service without having to locate
to a larger, perhaps more expensive, commercial space or go out of
business.
The Grill is one of the few locally serving restaurants left in
Aspen. Their customer base is locally oriented and they do not
close for the "off-season".
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 a variety of commerical
uses. Office, retail and food service establishments are in the
building and in the immediate 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; and
RESPONSE: Restrooms, which are not
Grill, are provided for in the new
rear of the building and alley also
is necessary for trash and service
delivery will be coordinated with
minimizing delivery impacts.
available in the Silver City
space. Direct access to the
exist in the new space which
and delivery purposes. Food
the Silver City Grill thus
According to the Environmental Health Department, there are no
impacts on air or water quality. The project meets the
requirements for sewage disposal and there are adequate provisions
for water needs.
Trash dumpsters that service the building are currently located in
the alley. These shall be moved onto the private property and out
of the public right-of-way.
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,
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emergency medical services, hospital and medical services,
drainage systems, and schools; and
RESPONSE: The public facilities are adequate to serve this new
restaurant in the building.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
RESPONSE: The conditional use review process enables staff to
assess employee generation impacts. Typically, the incremental
increase in employees from the existing to the proposed uses shall
be mitigated. Review of the proposal by, the Housing office
indicates that the L.A. Salon use generated 3-5 employees, which
is in excess of the highest requirement of the land use code for
the C-1 zone. ,Employee generation for a restaurant is also based
upon the highest requirement of the code. The Housing office finds
that there is no increase in employees generated by the conversion
of the beauty salon to the restaurant.
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 a restaurant replacing the L.A. Salon at 308 South Hunter
Street with the following conditions:
1. The Environmental Health Department shall review food
preparation plans and shall inspect the site prior to the issuance
of a Certificate of occupancy.
2. Prior to the issuance of any building permits the trash
dumpsters shall be removed for the public right-of-way and
maintained on the private property of 308 South Hunter.
3. All representations made in the application and at the public
hearing shall be followed.
4. Any increase in the size of the restaurant shall require an
amendment to this conditional use.
RECOMMENDED MOTION: "I move to approve the conditional use for the
replacement of L.A. Salon with a restaurant at 308 South Hunter
Street with the conditions recommended in the Planning Office memo
dated 10/19/93.11
3
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EXHIBITS:
A. Referral Comments
B. Floor Plan
V\
AFFIDAVIT OF PUBLIC NOTICE
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
I, RICHARD Y. NEILEY, JR., the representative of DAVID
GOLDBERG and SUSAN GOLDBERG with respect to the Application for
Conditional Use Review for the permitting of a restaurant in the
lower level of 308 South Hunter Street, hereby certify and confirm
that public notice of the hearing on this application set before
the Aspen Planning & Zoning Commission for its October 19, 1993
meeting at 4:30 p.m. in the City Hall Meeting Room was issued to
all property owners within three hundred feet of the subject
property, as those property owners could be determined from the
public records maintained by the Pitkin County Assessor in its
current tax records. I further certify and affirm that the
premises were posted with the City's approved form of sign on
October 8, 1993, which sign contained the requisite information
regarding the time and place of the public hearing and the type of
review sought, which sign has remained in place continuously from
that date. i
Subscribed and sworn to before me this /1k day of
October, 1993.
WITNESS my hand and official seal.
My commission expires:
Notary Public.
Post -it ' brand
XTransmittal McMO 7672
o No. of Pages / Today's Date, ;Q � Time ,
ToD'
I FromOlt
Company Company<.-% i6ted
1. r location Dept. Charge
Fax # t N 300. Telephone # / ' Fax # TeIeh ; p one #
1�
Comments
q 2
Original Destroy Return Call for pickup
s Disposition,
s
CERTIFICATE OF POSTING
r
1, Richard A. Fallin, hereby certify that on October 7, 1993 a Public Notice poster
was attached to the subject property at 312 W. Gillespie Street, Aspen,
Colorado, proclaiming the Public Hearing for the Conditional Use Review
before the City of Aspen Planning and Zoning Commission to be held October
19, 1993.
44
Richar A. al in
SUTHERLAND FALLIN, INC.
Attachments: Photo
CERTIFICATE OF MAILING
The undersigned hereby certifies that a copy of the attached Public Notice, was
placed in the United States mail, first class, postage prepaid, addressed to the list of individuals
set forth below on October 8, 1993.
C
fa1triZck:;D;:.4McA1lister
STATE OF COLORADO
) ss
COUNTY OF PITKIN )
The foregoing Certificate of Mailing was acknowledged before me this L4:!- day
of October, 1993 by Patrick D. McAllister.
WITNESS my hand and official seal.
My commission expires:
Selim K. Zilkha T.
750 Lausanne Roa
Los Angeles, CA
Wood Duck Realt3
c/o Darryl Dworm
65 West 55th St.,
New York, NY 11
Robert F. Starodoj
Paula A. Starodoj
Box 1121
Aspen, CO 81612
William K. Martin
Mary F. Martin
710 North 3rd Stre
Aspen, CO 81611
William K. Martin
Mary F. Martin
710 North 3rd Street
Aspen, CO 81611
John Jay Moore
Rebecca B. Moore
P.O. Box 1146
Sugarland, TX 77487
James P. Hume
c/o Industry Consulting Group, Inc.
P.O. Box 810490
Dallas, TX 75381
James P. Hume
c/o Industry Consulting Group, Inc.
P.O. Box 810490
Dallas, TX 75381
Hunter Creek Capital Venture, Inc.
c/o Berger Realty
Attn: Bruce Berger
8480 East Orchard Rd., Suite #3100
Greenwood Village, CO 80111
Bruce Berger
342 Madison Ave., Suite 604
New York, NY 10173
Arthur M. Fischer
820 Roaring Fork Rd.
Aspen, CO 81611
Cinda Erdman
Donnelley Erdman
360 Lake Avenue
Aspen, CO 81611
Erdman Partnership
Donnelley Erdman
360 Lake Avenue
Aspen, CO 81611
Darryl Dworman
65 West 55th St.
New York, NY 10019
0)
James D. Peterson
Hensley R. Peterson
Box 1714
Aspen, CO 81612
Walter P. Paepcke - Life Ins. Trust
c/o Holland and Hart
600 East Main St.
Aspen, CO 81611
Elizabeth Ann Altemus
620 North Third Street
Aspen, CO 81611
James K. Daggs
Gay Daggs
640 North 3rd. Street
Aspen, CO 81611
James K. Daggs
Gay Daggs
640 North 3rd. Street
Aspen, CO 81611
Carol G. Craig
Box 18
Woody Creek CO 81656
ACES
P.O. Box 8777
Aspen, CO 81612
3
PUBLIC NOTICE
RE: BERGER CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a continuted public hearing will be
held on Tuesday, October 19, 1993 at a meeting to begin at 4:30 pm
before the Aspen Planning & Zoning Commission, 2nd Floor Meeting
Room, City Hall, 130 S. Galena, Aspen to consider an application
submitted by Bruce C. Berger, 314 W. Gillespie, Aspen, CO
requesting approval of a Conditional Use Review for a 397 square
foot accessory dwelling unit in the basement of a proposed guest
house. The property is located at 312 W. Gillespie Ave., Easterly
Tract, C.F. Murphy Subdivision Exception, Hallam's Addition. For
further information, contact Kim Johnson at the Aspen/Pitkin
Planning Office, 130 S. Galena St., Aspen, CO 920-5100.
s/Bruce Kerr, Chairman
Planning and Zoning Commission