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Home My WebLink Aboutcoa.lu.ca.834 W Hallam St. Poppies A60-93t2� ■ 835 W HALLAM - POPPIESIC60-93 nTix474AAnni 70-..j ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 2 ? 323 -Oy D Z (303)920-5090 b-g3 LAND USE APPLICATION FEES CITY: -63250-134 GMP/Conceptual -63270-136 GMP/Final -63280-137 SUB/Conceptual -63300-139 SUB/Final -63310-140 All-2 Step Applications -63320-141 All 1 Step Applications -63330-150 Staff Approval O� O O -63432-157 Zoning Plan Check -63432-157 Sign Permit -00100-00000-31070 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption — -63336-152 Minor -63337-153 Major Devel. -63338-154 Signif. Devel. -63339-155 Demolition COUNTY: -63160-126 GMP/General -63170-127 GMP/Detailed -63180-128 GMP/Final -63190-129 SUB/General -63200-130 SUB/Detailed -63210-131 SUB/Final -63220-132 All 2 Step Applications -63230-133 All 1 Step Applications -63240-149 Staff Approval -63450-146 Board of Adjustment -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering - County 00115-63340-163 Engineering - City 00123-63340-190 Housing 00125-63340-205 Environmental Heafth PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL Name: t/ d� r�SO t Phone: Address: Project: �� No Copies: / Check #: Date: of • • CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 10/21/93 PARCEL ID AND CASE NO. DATE COMPLETE: 2735-123-04-002 A60-93 Ct STAFF MEMBER: KJ PROJECT NAME: Pooyies4Interpretation on Allowable FAR for an Affordable Housing Unit Project Address: 834 W. Hallam Legal Address: Lots K & L Block 10 City & Townsite APPLICANT: Michael Hull Applicant Address: 834 W. Hallam Aspen 925-5025 REPRESENTATIVE: Sunny Vann Vann Associates Representative Address/Phone: 230 E. Hopkins Aspen CO 81611 925-6958 FEES: PLANNING $ 207.00 # APPS RECEIVED 1 ENGINEER $ # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $ 207.00 TYPE OF APPLICATION: STAFF APPROVAL: X 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date ------------------- ------------------- REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning DATE REFERRED: FINAL ROUTING: City Atty Housing Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other INITIALS: DUE: DATE ROUTED: INITIAL: City Engineer Open Space FILE STATUS AND LOCATION: Zoning Env. Health Other: ASPEN/PITKIN COUNTY PLANNING AND ZONING OFFICE CODE INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTION(S): Chapter 24, Section 5-201.D.10 of the Aspen Municipal Code, which refers to the allowable Floor Area Ratios in the R-6 Medium Density Residential zone district. Also involved is the permitted FAR for a non -conforming use in all residential zones. EFFECTIVE DATE: January 10, 1994 WRITTEN BY: Kim Johnson, Planner APPROVED BY: Diane Moore, City Planning Directo BACKGROUND: Poppies Bistro Cafe is a non -conforming commercial use in this residential zone district. The existing building contains approximately 2,980 square feet of floor area. The site is 6,000 square feet of lot area. The site is located at 834 W. Hallam Street (Lots K and L, Townsite of Aspen). The property is bounded on the north and east by the U.S. Forest Service. To the west and south, across Eighth and W. Hallam respectively are multi -family residential buildings. The restaurant owner wishes to expand the structure to accommodate a 970 s.f. affordable housing unit pursuant to GMQS Exemption for affordable housing. In addition, the applicant is seeking Historic Landmark designation for the building. The issue set forth in this interpretation request is that the R-6 zone district does not specify an allowable FAR for non- conforming uses. The applicant proposes that the maximum allowable FAR should be that which is allowed for a duplex (3,600 s.f.) despite the fact that the lot area only permits a single family home. R-6 states that only if the property is designated an Historic Landmark is a duplex allowed, but the FAR shall not exceed that allowed for a single family dwelling. It is the applicant's belief that the greater FAR should be allowed because of the intention to use the space as an affordable housing unit (resident occupied deed restriction) and that larger multifamily structures are proximal to the subject property. Staff responds that the allowable FAR for a non -conforming use in a residential zone shall not exceed that which is set forth for an allowed use on a specifically sized lot (notwithstanding other provisions allowed by the code, ie. incentives/bonuses for 1 0 designated historic landmarks). Staff believes this provision applies regardless of the use of proposed additional FAR. In this instance, the R-6 zone limits a 6,000 s.f. lot to the FAR allowed for a single family structure. In 1991, in a similar situation to this request, Planning staff made the determination that the maximum FAR for the Messiah Lutheran Church expansion (as a Conditional Use) would be the duplex FAR figure. In this case however, the lot met the land area requirements for a duplex. INTERPRETATION: The Planning Director's interpretation and application of Section 5-201.D.10 of Chapter 24 of the Aspen Municipal Code to the case at hand is that: The maximum allowable FAR for a non -conforming use in a residential zone district is that which is allowed for either a single family lot or a duplex lot depending upon the FARs established per the zone's minimum lot area requirements. In reviewing the information presented by the applicant regarding the allowable FAR for a non -conforming use in the R-6 zone, it does not appear that sufficient evidence has been presented for staff to determine that a duplex FAR is appropriate for a single family parcel in this district or this site. The code interpretation is based on the review of the applicable sections in Chapter 24 of the Aspen Municipal Code as it relates to this request. E VANN ASSOCIATES Planning Consultants October 21, 1993 HAND DELIVERED Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Poppies Bistro Cafe Affordable Housing Unit Dear Kim: Please consider this letter a formal request for a Planning Director interpretation regarding the determination of allowable floor area for non -conforming uses in the R-6 zone district (see Exhibit 1, Preapplication Conference Summary). The requested is submitted by Michael Hull, the owner of Poppies Bistro Cafe, pursuant to Section 11-101 of the Aspen Land Use Regulations. Permission for Vann Associates to represent Mr. Hull is attached hereto as Exhibit 2. Background As we have discussed, the Applicant would like to construct an affordable housing unit above the rear of his restaurant. To accomplish this objective, he proposes to historically designate his property, and to apply for a growth management quota system exemption for an additional dwelling unit, as provided for in Section 8-104.A.1.b.(3) of the Regula- tions. As the purpose of the unit is to provide housing for various restaurant employees, including himself, the Applicant proposes to deed restrict the unit to the Aspen/Pitkin County Housing Authority's resident occupancy guidelines. At issue is the size of the unit that can be constructed. The property in question consists of Lots K and L, Block 10, City and Townsite of Aspen (see Exhibit 3, Improvement Survey). The property contains six thousand (6,000) square feet of land area. Poppies Bistro Cafe occupies the two (2) story frame house located thereon. The Cafe is a non -conforming commercial use in the underlying R-6 zone dis- trict, and contains approximately two thousand nine hundred and eighty (2,980) square feet of floor area. Although the structure has historical merit, it has not been historically designated. Proposed Development As the attached architectural plan illustrates (see Exhibit 3), the proposed two (2) bed- room, one (1) bath unit would contain approximately nine hundred and seventy (970) 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 • Fax 303/920-9310 Ms. Kim Johnson October 21, 1993 Page 2 square feet of floor area. The unit would be located above the restaurant's kitchen, and accessed via a new exterior stairway located adjacent to the alley which abuts the rear of the property. An exterior deck is proposed as an amenity for the unit's occupants. To ensure that the addition is compatible with the existing structure, the addition's archi- tectural design will be reviewed and approved by the Historic Preservation Commission. Please note that the Applicant has already commenced the historic designation process, and that a work session has been held with the Commission to discuss the design of the addition. Requested Interpretation The R-6 zone district does not provide an external floor area ratio for commercial uses, as such uses are generally prohibited in the City's single-family, residential zone districts. As a result, the Regulations provide no guidance as to the maximum allowable floor area for non -conforming commercial uses (e.g., Poppies) which are located in the R-6 zone district. Since non -conforming uses cannot be expanded, this lack of guidance would not ordinarily pose a problem. However, as the addition of an affordable housing unit would not increase the size of the structure's non -conforming use, the issue of maximum allow- able floor area is crucial to the Applicant's proposal. The Planning Office has suggested that the R-6 zone district's single-family floor area ratio should be used as an appropriate guideline for the expanded structure. This ratio, however, would limit the property's maximum allowable floor area to three thousand two hundred and forty (3,240) square feet. As the existing structure presently contains approximately two thousand nine hundred and eighty (2,980) square feet, insufficient floor area would remain with which to construct the desired affordable housing unit. If a residential guideline is to be utilized, I believe that the R-6 zone district's duplex floor area ratio would be more appropriate. As the only use to which the restaurant can be converted is residential, the inclusion of an affordable housing unit would render the structure a duplex. In addition, a duplex is permitted on a lot of six thousand (6,000) square feet, provided that the lot contains a historic landmark (see Section 5-201.D.2.). Unfortunately, duplexes which are located on such lots cannot exceed the floor area allowed for one (1) single-family residence (see Section 5-201.D.10.). This requirement, however, is arguably inapplicable, as Poppies Bistro Cafe is neither a single-family nor duplex residential dwelling. Given the Regulation's lack of direction with respect to this issue, I believe that the Planning Office has sufficient latitude to establish an appropriate floor area limitation for the property. Ideally, this limitation would take into account the Applicant's objective, it's consistency with the Aspen Area Community Plan, the historic nature of the struc- ture, and the compatibility of the addition with surrounding development. A duplex floor area limitation would appear to address all of these concerns. • • Ms. Kim Johnson October 21, 1993 Page 3 Significantly larger multi -family structures are located across West Hallam and Eighth Streets on the south and west sides of the property. The property to the north and east of Poppies's is presently owned by the United States Forest Service, and has been identified as a potential location for additional affordable housing development. As the proposed addition must be approved by the HPC, its compatibility with both the existing structure and the neighborhood will be taken into account. Finally, the Applicant's desire to voluntarily provide an on -site affordable housing unit is commendable, and is consistent with the recommendations of the recently adopted Aspen Area Community Plan. The maximum allowable floor area: for a duplex on a six thousand (6,000) square foot lot in the R-6 zone district is three thousand six hundred (3,600) square feet. As the existing structure contains approximately two thousand nine hundred and eighty (2,980) square feet of floor area, six hundred and twenty (620) square feet will be available for the proposed affordable housing unit. An additional floor area bonus of approximately three hundred and fifty (350) square feet will be requested from the HPC in connection with the historic designation of the structure. In summary, I would appreciate it if you would provide me with the Planning Office's position regarding the Applicant's ability to utilize the R-6 zone district's duplex floor area limitation for the proposed development. As Mr. Hull would like to commence construction of the unit in as timely a manner as possible, your prompt attention to this matter would be appreciated. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN AISOCIATES Sunny Van%fAICP SV:cwv cc: Michael Hull Jake Vickery c:\bus\city.app\app22993.i n t HIBIT 3 X� 6° CO, O � O Scab e: I 20 � ^ 0 , i O- ,,, 4 - O `X 3 h Ul NOTES 0 - indicates found rebar and cap • - indicates set rebar and cap marked L.S. 14111 The real property described hereon does not lie within the limits of a 100 Year Flood Hazard Boundary. Legal Description: Lots K and L, Block 10, City and Townsite of Aspen, Pitkin County, Colorado. I hereby certify that on August 16, 1993 a survey was performed by me on the parcel of land described hereon. A two-story frame house was found to be on said parcel as shown on this plat. All easements, encroachments and rights -of -way in evidence or known to me are shown. This survey is true and correct to the best of my knowledge and bel• f. By: Sydn,J Lin come P.L.S. 14111 gUi v o BY /NES /N SPACE .5YDNEY L/NC/COME (L.S.14111) BOX 121 CAR133NDALE COLO. 303-963-38`, 117 uo• 4 q4 3 1 SCALE:I 20' WHIBIT 4 -Nei w lid^ x all 0 0 EXHIBIT 2 October 19, 1993 HAND DELIVERED Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Johnson: Please consider this letter authorization for Sunny Vann of Vann Associates, Planning Consultants, to represent me in the processing of my request for a Planning Director interpretation regarding the maximum allowable floor area for my property, which is located at 834 West Hallam Street in the City of Aspen. Mr. Vann is hereby authorized to act on my behalf with respect to all matters reasonably pertaining to the afore- mentioned request. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Sincerely, Michael Hull Poppies Bistro Cafe 834 West Hallam Street Aspen, CO 81611 (303) 925-5025 SV:cwv c:\bus\dty.1tr\1tr20692.111