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Home My WebLink Aboutcoa.lu.ca.834 W Hallam St. Poppies A60-93 ,,,,....,, ~ CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 10/21/93 DATE COMPLETE: PARCEL ID AND CASE ~ 2735-123-04-002 C' STAFF MEMBER: PROJECT NAME: PoppiesJlInterpretation on Allowable Affordable Housinq Unit' Project Address: 834 W. Hallam Legal Address: Lots K & L. Block 10, city & Townsite NO. A60-93 KJ FAR for an APPLICANT: Michael Hull Applicant Address:, 834 W. Hallam, Aspen 925-5025 REPRESENTATIVE: Sunny Vann, VannAssociates Representative Address/Phone: 230 E. Hopkins Aspen, CO 81611 925-6958 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING ENGINEER HOUSING ENV. HEALTH TOTAL $ 207.00 $ $ $ $ 207.00 # APPS RECEIVED # PLATS RECEIVED 1 TYPE OF APPLICATION: STAFF APPROVAL:-K- 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES VESTED RIGHTS: YES NO NO CC Meeting Date PUBLIC HEARING: YES VESTED RIGHTS: YES NO NO DRC Meeting Date --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney city Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning 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 DATE REFERRED: INITIALS: DUE: ================================================================ FINAL ROUTING: N~ DATE ROUTED: INITIAL: _ City Atty _ Housing _ City Engineer _ Open Space _Zoning Other: Env. Health FILE STATUS AND LOCATION: -- r", .'-'" fa~ ~~o .'''''~ 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 GMQSExemption 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 ~ ~. ,,-., ..--- 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 I 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, 2 r-. ~ , rQO? "',,J,. VANN ASSOCIATES Planning Consultants October 21, 1993 HAND DELIVERED Ms, Kim Johnson AspenJPitkin 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 aJlowavlefloorarea for non-conforming USeS in the R-6 wne district (see Exhibit 1, PreappJication 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 wouldlike.lo ,construct an ,affordable housing unit above the rear of hisrest!mrant. To accomplish this objective, he proposes to historically designate his property, and to apply for a, growth management quotasystemexemptio.n 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 AspenlPitkin 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 ,propertycontailJssix thousand (6;OQO) square feet of land area, Poppies Bistro Cafe occupies the two (2) story frame house located thereon, The Cafe is,anon%XlnformingcpmmerciaJuseintheunderlyingR-6 wne dis- trict, and contains approximately two thousand nine hundred and eighty {2,9S0,-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 8161' . 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 gegulationsprovide no gliidance as tQ th.eij1aldmuij1allowable floor.areil 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 ofanaffordai>le h.o.usingunitwould not increase thesizeofthestructure'snon-conforij1ing use. the issue of maximum allow- able floor area is crucial to the Applicant's proposal, The Plallriillg Office"has,,' suggested,that.the"g-6. zone'district"s single,.fam:i1y"fl()Orarea ratio shoukl"be' usectas an appropriate guideline for the expanded structure, This ratio, however, would limitthepr(}perty's m~mumatlo'Nablefloo~area to three thousand two hundred and forty(~,240) square feet. As the existing structure presently contains approximately two thousand nine hundred and eighty (2,980) square feet~ illSUfficient floor area would remain with which to construct the desired affordable hOilsirigunit, If a residential guideline is to be utilized, I believethat,lhe R"6zone district's c14plex floor area ratioWould,bcltiore appropriate. As the only use to which the restaurant can be converted is residential, the inclusi~n of an affordable housing unit would render the structure a duplex, In addition,a,duplex.is permitted on a 10tofsixth.ouSjind (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 eli:ceedthe floorarea allowed for one (1) single-fartrilyresidCn'ce(see Section 5-201.D,lO,), This requirement, however, is arguablyillapplicable, 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/lbelievet~Uhe Planning Office has sufficient latitude to establish an appropr,iate floorarcaJilnitationfor theptoperty, Ideally, this limitation would take illtoacooUillt 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, I'"" ~ 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 exis,tingstrllcture contains ilPproximately ,t..yothpusilndnine hundrect:and,eighty ,(2,980) square feet pf floprarea,sixhundredavd,t',Venty (~20) sqllilre feet will be available for the proposed affordable housing uvit, An additionalf!~!>il,~~~"Il~!lJ.rs'OOf approximately three hundred and fifty (3.50)< sqllfl:refeetwill be requested'fronrthe HPCin 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, SV:cwv cc: Michael Hull Jake Vickery c:\bus\city.applapp22993.int -II v ~ Sc.C\. \ e.: I"~ 20 ill XHIBIT 3 :$/ QJ h', \"1 ~ o - 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 knO~ladga and ball' , By,l .~~V-- Sydn Lin come P.L.S. 14111 , "':::m~I!.:t.':::i';;::... 1:::':!,I,;..~ ',~ .~r '.,", ........:,.....:.'.: :I''YV\. ^f'OVe.^M.e.'v\.: S Su."i\Je "^- 0 lNES IN SPACE SYDNEY LINCICOME (L.S.14111) BOX 121 CAflBONOALE COLO. 303-963-3852 . ~ SCALE:I"= 20' sr: 1""'\ ('xHIBIT 4 I I I I I I I I 1 I I : . I / :'''1 / B . I "I , -:s- I" 2:--- :.-- --~~-'*- - -~ - ,;r~--~-> I t:, I'\:i. I ~f I I I ~ ' I I I \oW . I ! J/ -h-.:.----.---~--.,r-- _ / I I ...1 Ul ~ ...1 sL \\\, .~ E~ =:s ~ \\\ - \! ~ ~'-' - ~ it ~I' . ~ tI.. "~ ,,~ ~.-\ tl.! ' f! 7. ~ ~ - . Cl :~ ~ ~ '" ~ ~, ! , > .I~ i: : ~=I ,: ~ la 5: ~ ~il i; ~ ." l: _ _2 .._ ~~I i E R ~ \U \\.\ >- t\ ~ 1\.. ~ 1\\ .\\\ \U .fC \L ~ '- ^ ~ EXHIBIT 2 . October 19, 1993 HAND DELIVERED Ms. Kim Johnson AspenJPitkin 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\city.ltr~tr20692.lll