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HomeMy WebLinkAboutcoa.lu.sr.Bell Mountain.A01198 .>-, ~ .. . .. p'~R~ri'I'c:'.j..,.;: . 8:' n' I". '.' CA''''''.R. C. vcll"" ... <:- :./i CIl...PIES' .r:r-' ~...,.;;... . "-I.... I.t.. .....) " :'11;; . . ....t........:. ,.(1 '"1'-" , . . :". '."..".' '. , '" \"., . . ' '", ~:" , .' .", : \ CASENAMEf".' I r '....11.11 ') "T.~ . "'l"'~"~" ')1" 1""'1,"" 'U~ H......". . ',:, :....::::,..r ..,:,~>\"~,,,.....,~,,~ ~',:', "',,"" . .. ': ..'<" ~',"""':. .:,,, '" 'I" ~J!' h ... ' :PRCl~AllCR~ /7. _. ......I..r ".(. CAS.~ Typ.l.... .1. ",.. .., F ,.. .... . , . ~. '" :' .CAS~Ndl,:.:;; I.,;, , , , .PlNR:!r.,.,',,, n,,,,, SIEPS:I~"" OWf!li~P.": REP'~ .....,'1'.'.." ".n"'~' (,':",..." fl.",,, , ." "'" _' . w ,.~.., .... .. ADR' '.A9R: 2' ". " {) ~i". ,"'i"""'. 7:)='~~;~l'''r'''', '::0 . .",' .' . l..:fEE~: Rc;Y~4~;)'; ,"",'" ':PH~':I_..': _. : .: PHN~,,'<" ""<If ,. *.A'1':1 ,.' : :';'. :....;.',:: . ;~~~ ~~.~~ ','nJ ,DUE:I Pi.iiT \~;c.~~I;1 , CA,TE OF .FII\IAL ACTION,] CITY, COtJNCiL~F : . PZ._ ,. BOA: . .." .,.' ."i. .:DR~C1 , 'ADMIJIli REM~FiKSI "Lv i-rftt>~w,j ...,~...-~. , . ,. ~ ~~o$D: 10 j\ iqt. ,Ii'l';, ." , .,. .' . \. ., . '.'.:,' ' ., :,.,~ ,'. ., ,:.. ,. ",. ':~LA1:.,Sl!~MI~Dl' ..I ,.' .. . . ~ .", -' .,. .. . ' ..', I, .: :', ".',. ~ ~ AGENDA DESIGN REVIEW APPEALS COMMITTEE May 14, 1998 4:30 p.m. Thursday Special Meeting Sister Cities Meeting Room, City Hall 4:30 1. Roll Call II. Minutes - 10/9/97 & 03/12/98 III. Comments (Committee, Staff and Public) 4:30 IV.A. SilverLode Lot 8 CD Building Orientation - garage placement @ Volume Standard - glazing 9'- 12' above floor IY.E. SilverLode Lot 9 CD Building Orientation - garage placement @ Volume Standard - glazing 9'- 12' above floor IV.C. Bell Mountain Townhomes - East Cooper Street - CD Volume Standard - glazing 9'- 12' above floor @ Building Elements Standard - one story element along 20% of street frontage IY.D. 1240 Riverside Drive CD Volume Standard - glazing 9'- 12' above floor @ Building Orientation parallel to street 5:30 V. Adjourn ~ ~ we. - MEMORANDUM TO: The Design Review Appeal Committee THRU: Stan Clauson, Community Development Director ~ Julie Ann Woods, Community Development Deputy Director r- Mitch Haas, Planner ~~ Bell Mountain Townhomes request for Variances to the "Building Elements" (Section 26.58.040(B)(I)) and "Volume" (Section 26.58.040(F)(12)) provisions of the Residential Design Standards FROM: RE: DATE: May 14, 1998 SUMMARY: Pursuant to Chapter 26.58, Residential Design Standards, Section 26.58.020(B), of the Aspen Municipal Code, "an applicant shall prepare an application for review and approval by staff. In order to proceed with additional land use reviews or obtain a Development Order, staff shall find the submitted development application consistent with the Residential Design Guidelines." This Section goes on to state that "if an application is found to be inconsistent with any item of the Residential Design Guidelines the applicant may either amend the application or appeal staff's findings to the Design Review Appeal Board [DRAC] pursuant to Chapter 26.22, Design Review Appeal Board. " Community Development Department staff reviewed the application to construct a multi- family structure on the site of the Bell Mountain Lodge for compliance with the "Residential Design Standards," (see Exhibit A). In staff's review, it was determined that the proposed designs violate both the "Building Elements" standard and the "Volume" standard. Thus, the applicant is requesting variances from the "Building Elements" and "Volume" standards (described below) in order to allow for approval of the architectural designs as proposed. See Exhibit A, letter from Gibson-Reno Architects requesting variances from the requirements of Ordinance 30. Pursuant to Section 26.22.010 of the code, an appeal for exemption from the Residential Design Standards may be granted if the exception would: (1) yield greater compliance with the Aspen Area Community Plan; (2) more effectively address the issue or problem a given standard or provision responds to; or, (3) be clearly necessary for reasons of fairness related to unusual site specific constraints. APPLICANT: David F. Gibson of Gibson Reno Architects on behalf of the Bell Mountain Limited Liability Company. LOCATION: The site in question is located on the northeast comer of Spring Street and Cooper Avenue in downtown Aspen. Surrounding structures include the Buckhorn Lodge to the east, the Chateau Aspen to the west, the Aspen Square building to the southwest, City 1"""'\ -, Market and the Durant Mall to the south, the Hannah Dustin building and an A-frame structure to the north, and the Benedict Commons to the northeast. STAFF COMMENTS: Section 26.58.040(B)(1), Building Elements The "Building Elements" standard mandates that "all residential buildings must have a one- story street facing element the width of which comprises at least twenty (20) percent of the building's overall width." According to the pending revisions to the Residential Design Standards, the intent of the "Building Elements" provisions "is to ensure that each residential building has street-facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reiriforce local building traditions." The above described intent of the "Building Elements" provision explains the issue or problem to which the standard is a response. Since the proposed design does not yield greater compliance with the Aspen Area Community Plan, if the requested variance is to be justified, it would need to be on the grounds that the proposed design is necessary for reasons of fairness related to unusual site specific constraints, or that, the proposed design more effectively provides street-facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions than would a design that meets the exact letter of the "Building Elements" standard. Given the fact that the proposed design attempts to make the most efficient utilization of the space available by incorporating garden level living areas, the exact letter of the standard becomes very difficult to apply. For instance, the Cooper Avenue elevation is 200 feet long and includes 159 lineal feet (approximately 80% of the front elevation) which is two and one-half (2.5) stories above grade, and 41 lineal feet (approximately 20% of the front elevation) which is garden level only. Therefore, there are no purely one story sections in the proposed buildings; thus, a one-story element would have to, in reality, be a one and a half story element and, as such, would not comply with the exact letter of the "Building Elements" standard. In order to meet the letter of the standard, the one story street facing element on a building with 200 feet of street frontage would have to be at least forty (40) feet long. Staff feels that the proposed design, with its garden level, one-story entrances, human-scale doors and first floor decks (above garden level) combined with the proposed landscape plan and walkways more effectively provide street-facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions than would a design that meets the exact letter of the "Building Elements" standard. In addition, staff feels that the site's location on the edge of the commercial core is more conducive to greater vertical massing than are the traditional residential areas, and that this location represents a site specific condition that would render the variance appropriate for reasons of fairness. In accordance with this asseSSment, staff 2 r'\, .~ finds sufficient justification to recommend approval of the requested variance from the "Building Elements" provision ofthe Residential Design Standards. Section 26.58.040(F)(12), Volume The proposed design contains multiple violations of the "Volume" standard (please refer to the letter and graphic from Gibson-Reno Architects, included with Exhibit A). The standard reads as follows: For the purpose of calculating floor area ratio and allowable floor area for a building or portion thereof whose principal use is residential, a determination shall be made as to its interior plate heights. All areas with an exterior expression of a plate height of greater than ten (10) feet, shall be counted as two (2) square feet for each one (1) square foot of floor area. Exterior expression shall be deflned as facade penetrations between nine (9) and twelve (12) feet above the level of the flnished floor, and circular. semi-circular or non- orthogonal fenestration between nine (9) and fifteen (15) feet above the level of ' the flnished floor. Simply put, as it relates to the subject case, this standard requires that there be no windows (facade penetrations/fenestration) in any areas that lie between nine (9) and twelve (12) feet above the height of the first or second story floors (plate height). As proposed, each of the four elevations contain at least one violation ofthe "volume" standard (for exact locations of these violations, please refer to the letter and graphic from Gibson-Reno Architects, included with Exhibit A). Given the lack of compliance with the "volume" standard, the applicant is left with the choice of pursuing one of the following three (3) options. First, the applicant could accept the two-to-one (2:1) floor area penalty while ensuring that the entire building, including FAR penalties, would fall within set FAR limitations. Second, they could redesign the proposed structure such that the new form would comply with the "volume" standard, as well as the rest ofthe residential design standards. Lastly, the applicant could appeal staff s findings to the Design Review Appeal Board. Rather than accept the floor area penalty (the design utilizes all but twenty square feet of the allowable floor area for the site) or redesign the proposed residence, the applicant has chosen to seek a variance from the "volume" standard. Consequently, if variances are not granted, the applicant would have to create new designs that would comply with the volume standard. If a variance is to be granted, it must be justified according to one of the three variance criteria outlined above (on page one of this memo). According to the pending revisions to the Residential Design Standards, the purpose of the "Volume" standard, like the "Building Elements" standard, "is to ensure that each residential building has street-facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions." Although pending code , amendments do not hold any force in the review of current applications, it may be informative to note that the pending revisions to the Residential Design Standards recommend changing the "Volume" standard to read as 3 /'-"\ ,..-.,. follows: "Street facing windows shall not span through the area where a secondjloor level would typically exist. which is between nine (9) and twelve (12) feet above the finished first jloor." This proposed language is intended to implement the above-stated purpose of the standard. The above described intent of the "Volume" standard explains the issue or problem to which the standard is a response. Since the proposed design does not yield greater compliance with the Aspen Area Community Plan and is not necessary for reasons of fairness related to unusual site specific constraints, if the requested variance is to be justified, it would need to be on the grounds that the proposed design more effectively provides street-facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions than would a design that meets the exact letter of the "Volume" standard. Staff does not feel that the proposed glazing interferes with the ability of the architecture to accomplish the intent of the "Volume" standard. Furthermore, staff finds that many, or indeed most, of the windows for which a variance is required, would not violate the proposed revision to the "Volume" standard since most of the violating windows are not on the first story and none of the violating windows found on the lower levels appear to span through the area where a second floor would typically exist. Staff feels that the proposed design, with its garden level, one-story entranCeS, human-scale doors and first floor decks (above garden level) combined with the proposed landscape plan and walkways effectively provides street- facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. In accordance with this assessment, staff finds sufficient justification to recommend approval of the requested variance from the "Volume" provision of the Residential Design Standards. RECOMMENDATION: Staff recommends that the DRAC approve: (1) a variance from Section 26.58.040(B)(I), Building Elements, of the Residential Design Standards based on a finding that the proposed design more effectively addresses the issue or problem the given standard or provision responds to, and is necessary for reasons of fairness related to site specific considerations; and, (2) a variance from Section 26.58.040(F)(I2), Volume, of the Residential Design Standards based on a finding that the proposed design more effectively addresses the issue or problem the given standard or provision responds to. ATTACHMENTS: Exhibit "A" - Submitted application package 4 r., ,~ , HOLLAND & HARTLLP ATrORNEYS AT LAW , DENVER' ASPEN' . BOULDER . COLO~AOO SPRINGS DENVER TECH CENTER BILLINGS. BOISE CHEYENNE. JACKSON HOLE SALT LAKE CITY" . SUITE 3200 555 SeVENTeENTH STREET DENVER, COLORADO 80202.3979 MAILING ADDRESS P.O. BOX 874" DENVER, COLORADO 80201-87<48" TELEPHONE (303) 285-8000 FACSIMilE (303) 295-8281 HARRy SHULMAN 970.925.3476 hshulmanCDhollandhart.com April 3, 1998 VIA HAND DELIVERY John Worcester, Esq. Aspen City Attorney 130 S. Galena Street Aspen, CO 81611 Re: . Bell Mountain Townhome Appeal Rights Dear John:. Bell Mountain LLC ("Bell Mountain") was scheduled to go before the Design Review, Appeal Board on March 12, to appeal staff's finding that Bell Mountain's townhome land use applicatiOll' was'inconsistent with two provisions in the Residential Design GUidelines;- Inunediately prior to that appearance, Mitch Haas removed Bell Mountain from the Design Review Appeal Board agenda, apparently on grounds of advice from you. We have reviewed the . applicable code provisions; and do not understand whatthe basis of such advice could.be.c We therefore request clarification from you. As far as We can See, there are only two land uSe provisions which could apply to this issue, and both permit the appeal Bell Mountain seeks. Section 26.58.020 B.l of the Aspen Land Use Regulations is the first of these, and is particularly clear. It provides: "If an application is found to be inconsistent with any item of the Residential Design Guidelines the applicant may either amend the application or appeal staff's finding to the Design Review Appeal Board pursuantto Chapter 26.22, Design Review Appeal Board". Staff found thatBell Mountain's application is inconsistent with two items in the Residential Design Guidelines. Bell Mountain wishes to exercise its right to appeal that finding to the Design ReviewAppeal Board. Such appeal is clearly and explicitly authorized by Section 26.58.020 B.l. The other applicable code section, 26.58.10 B., states: "All residential development in the City of Aspen requiring a building permit from the City of Aspen, except for residential development in the R-15B zone district, shall comply with the residential design standards as specified in the Administrative Checklist, unless otherwise granted a variance by the Design Review Appeal Board as established in Chapter 26.22, or unless granted a variance through some other required review process by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission." Again, Bell Mountain has elected to seek the variance from the Design Review Appeal Board, as expressly authorized by the ordinance. ,-,.. ,~ . HOlLAND & HARTLLP ATIORNEYSATLAW John Worcester, Esq. April 3, 1998 Page 2 The only potential basis we can think of for your ruling on the issue is that you want the issue to proceed in only one forum, and you have determined that forum is P&Z. We can understand why you might rule this way. We believe, however, that there are certain facts which you may not have known in deciding how to treat Bell Mountain. First, Bell Mountain did not request to be heard by P&Z. The City unilaterally consolidated the variance issue with Bell Mountain's other applications before P&Z. Second, during the hearing on Bell Mountain's applicatiens,P&Z decided to take 110 actioll.on the variancC'.issue. This is reflected. in Reselution . 98-3. Thus, Bell Mountain's variance request was (a) involuntarily consolidated with other matters before P&Z, and (b) then sidestepped. P&Z cannot be the forum for resolving the variance issue when it has expressly determined not to do so. Bell Mountain objects to going back before P&Z on the variance issue, and asserts its right to proceed before the Design Review Appeal Board, in accordance with 26.58.020 B.l. Importantly, it cannot be denied that proceeding before the Design Review Appeal Board is Bell Mountain's right. There is no provision in the City's Common Development Review Procedures (Chapter 26.52 of the Land Use Regulations) which requires consolidated processing of an application. Throughout Chapter 26.52, the procedures provide that applications "may" be consolidated. If Bell Mountain chooses not to consolidate and to proceed on the variance issue before the-Design Review Appeal Board, it is permitted to do so. Bell Mountain made exactly this choice. David Gibson, Bell Mountain's architect, submitted the variance request to Mitch Haas on February 4. In this submission, Mr. Gibson did not request hearing by P&Z. Assignment to P&Z was an administrative decision made by the staff, and not a request by Bell Mountain. Bell Mountain should not be required to proceed in a forum which it did not choose, and which has already indicated it will not decide the variance issue. We therefore request that you issue a written statement as to the basis of the determination to preclude Bell Mountain from appealing staff's inconsistency findings to the Design Review Appeal Board. Alternatively, We request that you instruct Mitch Haas to reschedule Bell Mountain on their agenda. Thank you. cc: Jim Valerio Alan Riclunan Stan Clauson Mitch Haas Nick McGrath ~ ~ " ~/ ~,IO lD 0/11 ~ '-\ ,'-"', MEMORANDUM TO: The Design Review Appeal Committee ~/ Stan Clauson, Community Development Direc r cr Julie Ann Woods, Community Development De ty Directo, . . Mitch Haas, Planner.~ Bell Mountain Townhomes request for Variances to the "Building Elements" (Section 26.58.040(B)(I)) and "Volume" (Section 26.58.040(F)(l2)) provisions of the Residential Design Standards THRU: FROM: RE: DATE: March 12, 1998 SUMMARY: Pursuant to Chapter 26.58, Residential Design Standards, Section 26.58.020(B), of the Aspen Municipal Code, "an applicant shall prepare an application for review and approval by staff In order to proceed with additional land use reviews or obtain a Development Order, staff shall.find the submitted development application consistent with the Residential Design Guidelines." This Section goes on to state that "if an application is found to be inconsistent with any item of the Residential Design Guidelines the applicant may either amend the application or appeal staff's findings to the Design Review Appeal Board [DRAC] pursuant to Chapter 26.22, Design Review Appeal Board. " Community Development Department staff reviewed the application to construct a multi- family structure on the site ofthe Bell Mountain Lodge for compliance with the "Residential Design Standards," (see Exhibit A). In staffs review, it was determined that the proposed designs violate both the "Building Elements" standard and the "Volume" standard. Thus, the applicant is requesting variances from the "Building Elements" and "Volume" standards (described below) in order to allow for approval of the architectural designs as proposed. See Exhibit A, letter from Gibson-Reno Architects requesting variances from the requirements of Ordinance 30. Pursuant to Section 26.22.010 of the code, an appeal for exemption from the Residential Design Standards may be granted if the exception would: (I) yield greater compliance with the Aspen Area Community Plan; (2) more effectively address the issue or problem a given standard or provision responds to; or, (3) be clearly necessary for reasons of fairness related to unusual site specific constraints. APPLICANT: David F. Gibson of Gibson Reno Architects on behalf of the Bell Mountain Limited Liability Company. LOCATION: The site in question is located on the n,9rtheast comer of Spring Street and Cooper Avenue in downtown Aspe!).. Surroundinll: structure" include th" RIl~khnm T nngp tn the east. the Chateau Aspen to the west. the Aspen Square building to the southwest, City_ , ! .~ ,-. Market and the Durant Mall to the south, the Hannah Dustin building and an A-frame . structure to the north, and the Benedict Commons to the northeast. STAFF,fR~l\l.EJS'TS: /~ t.Je tf8l1~ 71j6S,.C: ~ TuJeJ V~I.fl-lC8l he2tU~--rs" <- o;.fe ffT -4 7(fitG; S1l(I!;T7;J(j ~ Section 26.58. 040(B) (1), Building Elements ' - 7 -7 / \, 7> =? .The "Building Elements" standard mandates that "all residential buildings must have a one- <tory street facinf! element the width of which comprises at lemt twpnl;V (7.~), vercent qf the buildinf!'s overall width." According to the pending revisions to the Residential Design - . Standards, the intent of the "Building Elements" provisions' "is to ensure that each residential building has street-jacing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions." The above described intent of the "Building Elements" provision explains the issue or problem to which the standard is a response. Since the proposed design does not vield greater compliance with the Aspen Area Community Plan, if the requested variance is to be - justified. it would need to be on the grounds that the proposed design is necessary for reasons of fairness related to' unusual site specific constraints. or thM th" proposed design more effectivel ....r~vides str e -' 'tectural details and elements which rovide human scale to tl\. facade, enhance the walking experience, and reinforce local building traditions than would a design that meets the exact letter of the "Building Elements" standard. Staff feels that the proposed design. witj)..;~"""@'"l i.;::',,_<~'V" C"l,~ 'bI;l'_,ll~,jfn.1e- ~~~ 1\4;<ff~ combined with the proposed landscape plan and walkways more effectively provide street-facin architectural details and elements which rovide uman scale to the facade, enhance the walkin ex erience and reinforce local building traditions than wou a eSl~n that meets the exact letter of the "Building elements" standard. In addition, staff feels that the site's location on the edge of the 90mmercial core is more conducive to Ilreater vertical massing than are the traditional residential areas, and that this location represents'ltsite specific condition that would render the variance appropriate for reasons of fairness. In accordance with this assessment, staff - , . 2 . ,-., ,,-,, finds sufficient justification to recommend approval of the requested variance from the "Building Elements"provision of the Residential Design Standard. -7 ~ Section 26.58.040(F)(J2), 0 ume The proposed design contains multiple violations of the "Volume" standard lease refer to the etter and graphic from Gibson-Reno Architects, included with Exhibit A). The standar reads as follows: For the purpose of calculating floor area ratio and allowable floor area for a building or portion thereof whose principal use is residential, a determination shall be made as to its interior plate heights. All areas with an exterior expression of a plate height of greater than ten (JO) feet, shall be counted as two (2) square feet for each one (1) square foot of floor area. Exterior expression shall be deflned as facade penetrations between nine (9) and twelve (J 2) feet above the level of the finished fioor, and circular, semi-circular or non- orthogonal fenestration between nine (9) and fifteen (15) feet above the level of the flnished floor. Simply put, as it relates to the subject case, tbis standard requires that there be no windows (facade penetrations/fenestration) jn any areas that lie between nine (9) and twelve (12) feet , above the height of the first or second stOry floors (plate height). As proposed, each Ofthe~' four elevations contain at least one violation of the "volume" standard (for exact locations 0 these violations, please refer to the letter and graphic from Gibson-Reno Architects, included with Exhibit A). Given the lack of compliance with the "volume" standard, the applicant is left with the choice of pursuing one of the following three (3) options. First, the applicant could accept the two-to-one (2: 1) floor area penalty while ensuring that the entire building, including FAR penalties, would faU within set FAR limitations. Second, they could redesign the proposed structure such that the new form would comply with the "volume" standard, as well as the rest of the residential design standards. Lastly, the applicant could appeal staff s findings to the Design Review Appeal Board. Rather than accept the floor area penalty (the design utilizes all but twenty square feet of the aUowable floor area for the site) or redesign the proposed residence, the applicant has chosen to seek a variance from the "volume" standard. Consequently, if variances are not granted, the applicant would have to create new designs that would comply with the volutne standard. If a variance is to be granted, it must be justified according to one of the three variance criteria outlined above (on page one ofthis memo). According to the pending revisions to the Residential Design Standards, the purpose of the "Volume" standard, like the "Building Elements" standard, "is to ensure that each residential building has street-jacing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reiriforce local building traditions." Although pending code amendments do not hold any forCe in the review of current applications, it may be informative to note that the pending revisions to the Residential Design Standards recommend changing the "Volume" standard to read as 3 . ~. ,.-" .' t. follows: "Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve (12) feet above the finished first floor." This proposed language is intended to implement the above-stated purpose of the standard. ~ The above described, intent ofthe "Volume" standard explains the issue or problem to which the standard is a response. ~ince the proposed design does not yield greater compliance with the Aspen Area Community Plan and is not necessary for reasons of fairness related to unusual site s ecific constraints, if the re uested variance is to be justItJed, It would need to be on the rounds that the proposed design more e ectIvely vides street- acmg a c s w VI an s t e ~ng e~{;perienc"", a.lld F\~infnrr.e harrwould aJ~;:)ign tlli:lllUeets. e e s Staff does not feel that the proposed glazing interferes with the ability of the architecture to accomplish the intent of the "Volume" standard. Furthermore, staff finds that many, or indeed most, of the windows for which a variance is required, would not violate the proposed revision to the "Volume" standard since most of the violating windows are not on the first story and none of the violating- windows f~ appear to SPa.n through the area where-a second floor would typic.llv exist. Sta els that the ro osed design, with its 'garden level, one-story entrances, human-scale' doors and first floor decks (above gar en level) c()mbined with the proposed landscape plan and walkways effectivel rovides street- facin . ectural details an e ements w IC provide human scale to the facade, enhance the w.lking: experience, and reinforce local building traditions. In accordance wi is assessment, staff finds sufficient justification to recommend approval of the requested variance from the "Volume" provision of the Residential Design Standards. RECOMMENDATION: Staffrecommends that the DRAC approve: (1) a variance from Section 26.58.040(B)(1), Building Elements, of the Residential Design Standards based on a finding that the proposed design more effectively addresses the issue or problem the given standard or provision responds to, and is necessary for reasons of fairness related to site specific considerations; and, (2) a variance from Section 26.58.040(F)(l2), Volume, of the Residential Design Standards based on a finding that the proposed design more effectively addresses the issue or problem the given standard or provision responds to. ATTACHMENTS: Exhibit "A"- Submitted application package 4 > ,'-'" t.. -" February 23, 1998 Mr. Mitch Haas Community Development Department 130 S. Galena Street Aspen, Colorado 81611 RE: Bell Mountain Townhomes Dear Mitch: We wish to present the design of the Project to the Design Review Architectural Commission. We seek relief from two requirements of the Ordinance 30 design guidelines, to which We do not presently conform: I.) The "Volume" requirement, which proscribes glazing between 9' and 12' above the floor, and, 2.) The "inflection" requirement which requires a one-story element along 20% of the street frontage. We feel that the mass and scale of the design on this central core site addresses these issues in the overall design, and we wish to have the opportunity for the Commission to review the design with us. P;K~ David F. Gibson, AIA attachments cc: A. Richman haas223.1tr ~, DAVID GIBSON AlA AUGUST RENO AlA SCOTT SMITH AlA GIBSON. RENO -ARCHITECTS, L.L.C,' III 210 E, HYMAN NO 202 ASPEN COLORADO 81611 970.925.5968 fACSIMILE 970.925.5993 P.O. BOX 278 117 N. 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