HomeMy WebLinkAboutLand Use Case.CU.730 Bay St.A24-94
"'"'
'"
\0..,/
CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 04/05/94
DATE COMPLETE:
PARCEL ID AND CASE NO.
2737-073-73-002 A24-94
STAFF MEMBER: ~ /1J\1..,
Conditional Use Review ~ADVL
730 Bay Street Aspen. CO
PROJECT NAME: Volk
Project Address:
Legal Address:
APPLICANT: Richard Volk
Applicant Address: 730 Bay Street Aspen. CO
REPRESENTATIVE: Sunny Vann
Representative Address/Phone: 230 E. Hopkins 925-6958
Aspen. CO 81611
--------------------------------------------------------------
--------------------------------------------------------------
FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$
$
$
$
$
# APPS RECEIVED
# PLATS RECEIVED
5
5
o
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: ..-1L 2 STEP:
P&Z Meeting Date Sill PUBLIC HEARING: 6~~ ~')
I VESTED RIGHTS: Y S
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
---------------------------------------------------------------
---------------------------------------------------------------
REFERRALS:
City Attorney Parks Dept. School District
X city Engineer Bldg Inspector Rocky Mtn NatGas
)< Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Enyir.Hlth. ACSD Other
zoning Energy Center Other
DATE REFERRED: L/ / I "J INITIALS: '5 uJ DUE:)! 2--
;~;~~=;;~;~;~7================~~;;=;;~;;~7~~=J,/9~;~;~~~7~
___ city Atty ___ City Engineer ___Zoning ___EnY. Health
___ Housing ___ Open space Other:
FILE STATUS AND LOCATION:
-
'\-'"./
r ,
MEMORANDUM
TO:
Planning and Zoning Commission
FROM:
Mary Lackner, Planner
Volk Conditional Use for an Attached Accessory Dwelling
unit - Public Hearing
RE:
DATE:
May 17, 1994
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The Planning Office recommends approval of the Volk
Conditional Use for an approximately 525 sq. ft. attached accessory
dwelling unit with conditions.
APPLICANT: Richard w. Volk, represented by Sunny Vann.
LOCATION: Lot 2, Volk Lot Split, 730 Bay street.
ZONING: R-30 Low-Density Residential.
APPLICANT'S REQUEST: The applicant requests Conditional Use
approval to build an accessory dwelling unit within a new residence
pursuant to the accessory dwelling unit housing mitigation
requirement from the Volk Lot Split approval. The site is
currently vacant. The one bedroom accessory dwelling unit will
be approximately 525 sq. ft. and will be located above the attached
garage. Please refer to application information, Exhibit "A".
REFERRAL COMMENTS: Comments from the Engineering Department are
included as Exhibit "B" and Housing Authority comments Exhibit "C",
which are attached to this memorandum. .
STAFF COMMENTS: The Commission has the authority to review and
approve development applications for conditional uses pursuant to
the standards of Section 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; and
Response: The proposed dwelling unit has the potential to house
local employees, which is in compliance with the Aspen Area
Community Plan and the underlying zone district.
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 accessory dwelling unit is compatible with the
\
""'"
-
'-',-,",
character of the surrounding neighborhood, which consists of low
density single family residences. The unit will not be visible as
a distinct unit from the exterior of the residence or garage.
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: The accessory dwelling unit will be completely contained
within the proposed residence. Two parking spaces are provided on-
site within a garage. No parking is required to be provided for
the one bedroom accessory dwelling unit. since there is no street
parking in this neighborhood, staff recommends that an on-site
parking space be provided for this unit. The proposed ADU will
have an exterior stairway which will access the entrance.
City Engineer, Chuck Roth has indicated that the applicant will
need to comply with specific requirements at the time a building
permit is applied for. The comments mentioned by Mr. Roth have
been made conditions of approval.
As per past P&Z concerns, a recommended condition of approval
requires that the unit be identified on building permit plans as
a separate dwelling unit requiring compliance with U.B.C. Chapter
35 for sound attenuation. The applicant has proposed a roof design
that will shed snow away from the ADU's entrance. No significant
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; and
Response: All public utilities are adequate and in place
throughout the neighborhood and for the proposed residence and ADU.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
Response: The proposed ADU will satisfy the requirements of
providing an accessory dwelling unit in conjunction with the Volk
Lot Split approval. The applicant must file the appropriate deed
restrictions for resident occupancy, including a six month minimum
lease. Proof of recordation must be forwarded to the Planning
Office prior to issuance of any building permits.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Community Plan and
2
v
,-"'
by all ot;her applicable requirement:s of t:his chapt:er.
Response: This use complies with the Aspen Area Comprehensive Plan
and all other applicable conditional use standards.
NOTE: As this accessory dwelling unit is 100% above grade, the
development is eligible for a floor area bonus per Ordinance 1.
STAFF RECOMMENDATION: Planning staff recommends approval of the
Volk Conditional Use for a 525 sq. ft. one bedroom accessory
dwelling unit subject to the following conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen/pitkin County Housing Authority for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with a minimum six month lease. Upon approval by
the Housing Authority, 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 accessory dwelling unit 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. During building permit plan review, the Zoning Enforcement
Officer shall make the final determination that the unit meets
the minimum size requirement of 300 sq. ft. net liveable as
defined in the Housing Authority Guidelines. The accessory
dwelling unit cannot be less than 300 sq. ft.
5. The applicant shall comply with the recommendations made by
the Engineering Department in the referral memorandum dated
April 29, 1994, prior to issuance of a building permit.
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 to approve the Conditional Use for a
525 sq. ft. attached accessory dwelling unit for the Lot 2 of the
Volk Lot Split at 730 Bay Street with the conditions recommended
in the Planning Office memo dated May 17, 1994."
EXhibits:
"A" - Application Information
3
3
.......
"B" Engineering referral memo
"e" Housing referral memo
4
f\
c
:)
Exhibit A
VANN ASSOCIATES
Planning Consultants
April 1, 1994
HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Yolk Conditional Use Review
Dear Leslie:
Please consider this letter an application for conditional use review for an accessory
dwelling unit (see Pre-Application Conference Summary attached hereto as Exhibit 1).
The unit will be located within a new single-family residence which is to be constructed
at 730 Bay Street in the City of Aspen. A growth management quota system (GMQS)
exemption for the proposed unit is also requested. The application is submitted by
Richard W. Yolk, the owner of the property (see Exhibit 2, Special Warranty Deed).
Permission for Vann Associates to represent the Applicant is attached as Exhibit 3.
Project Site
The Applicant's property is described as Lot 2 of the Yolk Lot Split (see accompanying
Amended and Restated Final Plat of Yolk Lot Split). The lot is zoned R-30, Low-
Density Residential, mandatory Planned Unit Development, and contains approximately
thirty-seven thousand (37,000) square feet of land area. The lot's topography consists
of a large flat bench with an area of steeply sloping hillside located in the northeast
comer of the property. Natural vegetation consists of various shrubs and field grasses
and several mature cottonwoods which are located on the fringes of the lot. Existing
utility seIVice to the property includes water, sewer, natural gas, electric and telephone.
Background
The Yolk Lot Split was approved by the City Council on June 26, 1989. Vested rights
status was granted to the project via Ordinance No. 43 on August 14, 1989. The specific
Council approvals included subdivision, planned unit development, and a GMQS
exemption. Stream margin review approval was granted by the Planning and Zoning
Commission on May 30, 1989. The Planning Office's case summary outlines the various
conditions of the approvals and is attached as Exhibit 4.
230 East Hopkins Avenue' Aspen, Colorado 81611' 303/925-6958' Fax 303/920-9310
I
")
c
"""'
-.J
Ms. Leslie Lamont
April 1, 1994
Page 2
An insubstantial amendment to the Yolk Lot Split fmal plat was approved by the
Planning Director on September 26, 1991 (see Exhibit 5). The purpose of the
amendment was to revise the access to the two lots and to modify the previously
approved building envelopes. Lot 2's revised building envelope is depicted on the
Amended and Restated Final Plat which accompanies this application.
Proposed Development
Pursuant to Section 7-1003.A.2.b. of the Aspen Land Use Regulations, an accessory
dwelling unit must be provided in connection with the development of Lot 2. This
requirement is memorialized as condition #13.a. of the City Council's June 26, 1989, lot
split approval. To meet this requirement, the Applicant proposes to incorporate an
accessory dwelling unit within the new single-family structure which is to be constructed
on the property.
As the accompanying architectural drawings illustrate, the proposed accessory dwelling
unit will be located above the new residence's attached garage. The one (1) bedroom,
one (1) bath unit will contain five hundred and twenty-eight (528) square feet of net
livable area. Access to the unit will be limited to an exterior stair which is to be located
on the north side of the garage. A large deck will be provided adjacent to the entry to
enhance the unit's livability. A second deck will be located above the garage entrance
and accessed from the unit's living area. While no parking is specifically required for the
proposed unit, adequate area exists at the rear of the residence to accommodate a
tenant's vehicle in the event required.
Review Requirements
The proposed accessory dwelling unit is subject to the receipt of conditional use approval
and an exemption from the City's growth management quota system. The unit must also
comply with the accessory dwelling unit provisions of the Land Use Regulations and the
dimensional requirements of the underlying zone district. Each of these review
requirements is discussed below.
1. Conditional Use Review
An accessory dwelling unit is a conditional use in the R-30 zone district. As a
result, such units are subject to the review and approval of the Planning and Zoning
Commission. The specific review criteria for conditional uses are contained in Section
7-304 of the Regulations. The proposed unit's compliance with these criteria is
summarized 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."
lp
o
Co)
Ms. Leslie Lamont
April 1, 1994
Page 3
The proposed accessory dwel1ing unit has been designed to comply with
the requirements of Section 5-508.A. of the Regulations. The unit will contain five
hundred and twenty-eight (528) square feet of net livable area, is located within the
proposed single-family structure, and will be deed restricted pursuant to the Housing
Authority's "Resident Occupancy" guidelines. The proposed accessory unit is consistent
with the purpose of the R-30 zone district and with the City's policy of encouraging the
development of such units in its residential neighborhoods.
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 vicinity of the parcel proposed for development."
The area immediately surrounding the project site is devoted entirely to
residential use. The inclusion of an accessory dwel1ing unit within the proposed single-
family residence is a desirable compliment to free market residential development and,
as discussed above, consistent with current community goals and objectives.
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."
The inclusion of an accessory dwel1ing unit within the proposed single-
family residence will have no adverse effect upon surrounding properties. As the
accessory unit will be located above the residence's garage, no additional visual impact
will occur. The proposed residence and accessory dwelling unit will appear as a single-
family structure. Parking for the unit can be provided on-site if necessary, and no signifi-
cant impact is anticipated on the existing road system.
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."
All utilities and the public road system are adequate to serve the proposed
conditional use. Given the limited nature of the use, no adverse impact on such public
facilities as hospitals, schools, etc. is anticipated.
e) "The Applicants commit to supply affordable housing to meet the
incremental need for increased employees generated by the condition use."
As the conditional use in question is an accessory dwelling unit, this review
criteria does not apply.
'\
o
o
Ms. Leslie Lamont
April 1, 1994
Page 4
t) "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."
As discussed under criteria #1 above, the proposed conditional use is
consistent with the Aspen Area Comprehensive Plan, the purpose of the underlying zone
district, and the specific standards which govern such uses. The structure in which the
accessory use is located has been designed in compliance with all applicable dimensional
requirements of the R-30 Zone District. The Applicant is aware of no other standards
or review requirements which pertain to the development of the proposed unit.
2. Growth Management Quota System Exemption
Pursuant to Section 8-104.B.1.d., the Planning and Zoning Commission may
exempt from the City's GMQS regulations one (1) accessory dwelling unit located on a
parcel containing a single-family structure. As there are no specific exemption review
criteria, compliance with the accessory dwelling unit provisions of Section 5-508.A., and
the receipt of conditional use approval, should be sufficient to warrant approval of the
requested GMQS exemption.
Should you have any questions, or require additional information, please do not hesitate
to call.
Yours truly,
/
SV:cwv
Attachments
cc: Richard W. Yolk
c:\bus\city.app';lpp24894.CU
<t
c 0
8/ J 2-/
EXHIBIT 1
CITY OF ASPEN
PRE-APPLICATION CONFERENCE sUMMARY
PROJECT: Vol -k_ \'\hU
OWNER'S NAME:
APPLICANT'S REPRESENTATIVE:
REPRESENTATIVE'S PHONE::)-
Describf'fction/type of
t~
~~~O U~
~i~g
1.
Type of Application:
2.
3.
Areas is which Applicant has been requested to respond, types
of reports requested:
Policy Area/
Referral Aqent
Comments
Water Dept. contact for tap fee requirements -
~.
.\'0'
5.
Public Hearing'
Number of copies of the application to be submitted: ~
What fee was applicant requested to submit: ~
Payment form Attached for signature: (YESI~~-
I
(CC Only)
(NO)
(P&z then to CC)
4.
Review i: (P&Z
6.
7.
8.
9.
Anticipated date of submission:
10.
COMMENTS/UNIQUE CONCERNS:
frm.pre_app rA.
NRe<:eptiouNo.
~ ...,.......
~,
~ol
:z:.,:z:
~:i
0"
~ Ii: [:l',l
~H!i:~I'
:E fa:l oCthc .Countyof Pitkin and Slate of
U.,..
~ ~I Colorado, grantorUt, and Richard W. volk and Sue J. Volk
1'1'
, 21!
"
~o i:
:;~z Ii
'~~"
1:.: ii'
i~~l
~'
:!i:~11
, :.:., I
..,.. I
><>< I
~Q I,
~324975 08/03/90 15,49 Rec $5.00
ilvia Davis, Pitkin Cnty Clerk,
M., __
~,( 626 P8
. $.00
"
527
SPECIAL WARRANTY DEED
. THIS DEED, Made this 3rd dayof August ,1990
"between Richard W. Volk, Trustee UTA dated
March 10. 1984
whose legaladdrcss is 5847 San Felipe, Suite 3600, Houston, Texas 77057
'11'f 'l'f''/f'l '9"JWI'h'l'9'9"I''''"'''''
WITNESS. that the granlorOO. for and in consideration oflhe sum of Ten Dollars ($10.00) and
other good and valuable considerations J?SYf~,$.
the receipt and sufficiency of which is hereby acknowledged, ha S granted. bargained. sold and conveyed. and by these presents
do es grant, bargain. sell, convey and confirm unto the grantees, their heirs. and assigns forever. not in tenancy in common but
in joint tenancy. all the real property together with improvements. if any, situate, lying and being in the
County of Pitkin and State of Colorado. described as follows:
Lot 2, VolkLot Split, according to the
Plat thereof recorded August 14, 1989 in
Plat Book 23 at page 24 of the pitkin
County, colorado real property records
}1f##M#if#~#
i:
i:
Ii
"
II
i'
iI
Ii
I
I
i
I
I
I
lOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in anywise appertaining, the
revenion and revenions. remainder and remainders, rents, issues and prOfits thereof. and all the estate. right, title. interest. claim and
demand whatsoever of the gnmt<E\)lJ, either in law or equity, of. in and to the above bargained premises. with the hereditaments and
appurtenances;
TO HAVE AND 10 HOLD the said premises above bargained and described. with the appurtenances. unto the grantees. their heirs
and assigns forever. The grantorOl. for him self . his heirs. penonal representatives. successors and assigns
do es covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantees. their heirs and assigns. against all and every person or persons claiming the whole
oranypartthereof.by.throughorundeTthegranto~, except and subject to all matters*
IN WITNESS WHEREOF the granlor(X ha S executed this de.sl}9n ~ ~te set f~T~.
71 J" 'M {II (I,lXH
R chard '\-1. Volk, Trustee
UTA dated March 10, 1984
STATE OF COLORADO
}"
The foregoing instrument was acknowledged before me this #. day of August
~Richard W. Volk, Trustee UTA dated March 10, 1984.
County of
pitkin
My commission expires ? - 2 J- - . 19 fY. Witness my hand and official seal.
*contained in the Sulxlivision
IrnproIIe!rents l\greaneI1t recorded
in Book 599 at page 422. and all matters
set forth on the Plat recorded in Plat
BooU;L~:l;~g~_24.
Nularyi"oblj< .
....(..
.. ,
"
No. 515. ReY.I-86. SPEClAL WARJl.A.NTY DEED (teJolal........, Bndbd hbliohlat. ~In ~ 6th /we.. Ukewood. co 11011. _(3OJ) 2JJ-6900
o
IIEXHIBIT 2
I'
,I
ill U1 *
Ii ....(.01
j. ,... N
:1 ~. ~
w 0
111
"
. ,~
< C!:-.
", ~
'J
t..)
~
~
i!
ii
1
ii ;~
Ii
I;, ""lJ
i ~ i rt"
". ..
0 ..
..
D 'A
0
" ;':1
'" rt
Co
D
:! ~ ..
m "
i' ;
!: .. c'
. 0
"
" '"
n
n
0-
.. "
""
- ~
~
m
m
0-
,
I,
II
,I
Ii
'I
"
,19 90
"
1
I:
II
II
II
II
I'
"
:i
"
:t
&-86 e';
\0
c
"""\
"j
EXHIBIT 3
March 24,1994
HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Lamont:
Please consider this letter authorization for Sunny Vann of Vann Associates, Planning
Consultants, to represent me in the processing of my application for conditional use
approval for an accessory dwelling unit which is to be located in my new residence on
Bay 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 aforementioned application.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Sincerely,
rtP)wtfl
Richard W. Yolk
2807 Bannel Lane
Houston, TX 77098
(713) 522-1945
SV:cwv
c: \bus\city.ltr~lr24894.111
\\
c
~
~
EXHIBIT 4
. r ~
CASE SUMMARY
August is, 1989
Planner: Leslie Lamont
Aspen Planning and zoning commission May 30, 1989: Approved the
conceptual PUD plan, stream margin review, and consented to a two
step consolidated review process for the Volk Lot Split with the
following conditions:
1. Prior to issuance of a individual building permit for Lot 1,
covenants to be approved by the Engineering Department, shall be
submitted with the final plat to ensure that the lowest floor of
all structures are located a minimum of 2 feet above the base
flood elevation, and that foundations are engineered to prevent
flotation, collapse or lateral movement.
2. Prior to issuance of a building permit, the development on Lot
1 shall be required to have a foundation or basement constructed
to comply with the current FEMA regulations and to the approval
of the Engineering Department.
ASPEN CITY COUNCIL .JUNE 26, 1989: The council approved the
consolidation, GMQS exemption, Lot Split/Subdivision, and Final
PUD review for the Volk property with the following conditions:
1. Prior to submittal of the final plat, the reserved dedication
of right of way easements, 24 feet along Bay Street and 20 feet
along Spring Street, shall be shown.
2. If a special improvement district is formed the applicant is
required to join for the improvement of the width of spring
Street in the entire Oklahoma Flats Addition.
3. The side yard setback, on the west side of Lot 2, shall be
doubled.
4. Every attempt should be made to preserve the trees on Lot 1.
A thorough landscape plan is required, before a building permit,
demonstrating how development will mitigate the removal of the
mature vegetation on site.
5. A tree removal permit, pursuant to 13-76 of the Municipal
Code, is necessary for the removal of any tree with a 6" or
greater caliper.
The following are other conditions that pertain to final PUD in
addition to those approved by the Planning and zoning commission:
14
\d-
c
"""'
J
6. Prior to the issuance of a CO the dwellings shall have
complied with stove and fireplace regulations and will have to
obtain a permit for any stoves or fireplaces from the
Environmental Health Department. Any fireplaces must have gas
logs.
7. Prior to a building permit: the owner will determine whether
asbestos is present and will have to contact the Colorado Health
Department Air Pollution Control Division to find out what air
pollution permits, if any are needed; and measures such as
watering of disturbed dirt and prevention of mud-carryout onto
city streets will be required, techniques to be approved by the
Environmental Health Department.
8. During construction, owners will have to comply with the city
of Aspen I s noise ordinance, which sets lower limits for noise
between 10 pm and 7 am.
9. Prior to the issuance of
each residence is required
Sanitation District.
a CO, a separate service line for
subject to the approval of the
10. Before the service lines are covered an inspection by the
Sanitation District is required as groundwater and infiltration
into the service lines can be a serious problem in this area.
11. Sewer connection fees must be paid prior to connection.
12. Prior to the issuance of a building permit, for both lots, a
detailed stormwater drainage plan will be submitted.
13. A final plat shall be filed prior to the issuance of a
building permit for either lot and shall include:
a. covenants that future purchasers and builders provide an
accessory dwelling unit per single family home; and
b. an indication that no further subdivision may be
for these lots nor will additional units be built without
of applicable approvals pursuant to Article 7 and
management allocation pursuant to Article 8.
granted
receipt
growth
14. Council urges the applicant to make every
preserve the existing structure on Lot 1, and have
about incentives we might work with, like tap fee
whatever.
attempt to
discussions
waivers or
ASPEN CITY COUNCIL JULY 5, 1989:
approved on first reading Ordinance 43.
vested rights for the Volk Lot Split.
The Council unanimously
Ordinance 43 establishes
15
\1:;
i.
r
,~....
J
ASPEN CITY COUNCIL AUGUST 14, 1989: The council unanimously
approved ordinance 43 (Series 89) on Second Reading establishing
vested rights for the Volk Lot Split.
16
,q
:..{ '..
c'
~.
~ ..1
EXHIBIT 5
, MEMORANDUM
RE:
Bill Drueding, zoning
Leslie Lamont, Planner
September 26, 1991
Insubstantial Amendment to the Volk Lot Split Plat
TO:
FROM:
DATE:
SUMMARY: The applicant seeks to amend the Volk Lot Split Final
Plan for lots 1 and 2 Volk Lot Split to revise the approved access
easement, building envelopes, and spring Street right-Of-way
dedication.
APPLICANT: Richard Volk and Eugene Seymour as represented by sunny
Vann
LOCATION: Lots 1 & 2, Volk Lot Split, Oklahoma Flats
ZONING: R-30, PUD
PROPOSAL: The Volk Lot Split was approved by city council in 1989.
The final plat included a 30 foot access and utility easement
across the rear of Lot 1. A 20 foot area of Lot 1 adjacent to
spring Street and a 24 foot area adjacent to Bay street were
dedicated to the city for future roads improvements to widen the
existing streets; Although not required for a Lot Split the
applicant identified specific building envelopes for each lot.
A single family residence and detached accessory dwelling unit was
recently built north of Lot 1. The home owners, the Hamiltons,
received permission to from the City to improve a portion of the
Francis Street public right-of-way for access to their home. The
right-or-way is unimproved with the exception of the Hamilton's
driveway. with that improvement Mr. Volk and Mr. Seymour now wish
to utilize the partially improved Francis Street right-of-way for
access to Lots 1 and 2 of the Volk Lot Split. Use of Francis
Street would enable the elimination of the access easement with the
exception of a small portion that will be retained to avoid cutting
down several large cottonwoods that serve as a visual buffer
between the Hamiltons and Lot 20f the Volk Lot Split.
REFERRAL COMMENTS: Having reviewed the above and made a site
visit, the Engineering Department has the following comments:
1. We have no problem with a reduction in size of the access
easement to Lot 2. However, width and length dimensions.for the
different width segments of the easement need to be shown on the
plat. Francis Street right-of-way needs to be shown and given a
width dimension so it can be shown that the total width of this
right-of-way and easement combined will equal at least 20 feet.
I
\J
c
'""""
.....i
2. The proposed revisions to building envelopes on Lots 1 and 2 are
acceptable also.
3. The 5 foot encroachment into the reserved Spring Street right-
of-way needs to be shown on the plat. The existing improvements
need to be shown on the plat, however. The applicant needs to
understand that at any time in the future that the city needs to
utilize this right-of-way dedication reservation, he will have
either get a licence for or move this encroachment.
4. Bay Street needs to be given a width dimension and the end of
the right-of-way needs to be shown if it ends at or before the end
of Lot 2.
5. Construction in public right-of-way requires a separate permit
from a building permit. This permit is issued by the Streets
Department. For approvals of design details in the public right-
of-way, contact the Engineering Department.
6. A blueprint of the plat needs to be submitted to the Engineering
Department for approval before the final plat is submitted.
STAFF REVIEW: Pursuant to section 24-7-1006, an insubstantial
amendment to an approved plat may be authorized by the Planning
Director provided it is a minor change to a plat which the Planning
Director finds has no effect on the conditions and representation
limiting the approved plat.
pursuant to section 24-7-908 A., an insubstantial amendment to an
approved planned unit development may also be approved by the
Planning Director. These two parcels have a mandatory PUD overlay
and the original lot split application was also considered within
a minor PUD context.
FINDINGS: The adjustment to the easement is being requested in
order to utilize the new Francis Street right-of-way. But as
requested, by the Engineering Department, the total width for
access will remain 20 feet. Although an access easement is
deducted for floor area purposes from buildable lot area use of
Francis Street will negate that deduction thus more lot area, for
floor area purposes, is available for Lot 1. However the total
floor area will not exceed the allowable floor area for the R-30
Zone District.
The adjustment to the Lot 1 building envelope is.necessary because
the existing single-family home is being preserved for accessory
dwelling unit purposes. The plat shall be amended to illustrate
the 5 foot encroachment of the existing home into the dedicated
public right-of-way easement. The easement was granted during the
lot split review and was requested for the occasion that the street
would ever need to be improved. If for some reason the city needs
2
\\0
'.
r
\.../
:J
to use the easement the property owner would need to move the
encroachment or obtain an encroachment licence.
Setback variations available with a PUD review were employed for
establishing the b~ilding envelop of Lot 2. Amending the building
envelope for Lot 2 does not compromise the original approval for
that particular building envelope.
RECOMMENDATION: Staff recommends approval of the insubstantial
plat amendment for Lots 1 & 2 Volk Lot Split, Oklahoma Flats, Aspen
with the following conditions:
1) Prior to recording the amended subdivision plat in the office
of the Pitkin County clerk and recorder, the Engineering Department
shall review and approve the plat; and
2) The plat shall be recorded within 180 days of approval by the
Planning Director and Engineering Department.
3) However, width and length dimensions for the different width
segments of the easement (on Lot 1) need to be shown on the plat.
Francis Street right-of-way needs to be shown and given a width
dimension so it can be shown that the total width of this right-
of-way and easement combined will equal at least 20 feet.
4) The 5 foot encroachment into the reserved Spring Street right-
of-way needs to be shown on the plat. The existing improvements
need to be shown on the plat, however. The applicant needs to
understand that at any time in the future that the City needs to
utilize this right-of-way dedication reservation, he will have
either get a licence for or move this encroachment.
5) Bay Street needs to be given a width dimension and the end of
the right-of-way needs to be shown if it ends at or before the end
of Lot 2.
6) Construction in public right-of-way requires a separate permit
from a building permit. This permit is issued by the streets
Department. For approvals of design details in the public right-
of-way, contact the Engineering Department.
I hereby approve the. insubstantial
subdivision plat amendment for Lots 1 &
2 Volk Lot Split, Oklahoma Flats, Aspen
pursuant to section 2.4-7-1006 and 24-7-
908 A. of the Municipal Code with the
above cond' '~', I
3
\~
/
/
J
<,'
"
,,/
p..".eflue
0\'050fl
, :
...--~'
-------+----------------
--r --~
~
..
:::
~-,
l;;ij --.......
c ~---:..
----~
;H-----.;;,~t____
.", ~l
.'
,I"
E ,;I..~>~/ ~@~i~ ,.~:l ~J/"
, I. . U ~ 1
~~' !~. '
1.0.
I' I, I
J ~/~_. -~/', l
" ". I '---, - I
_ l - - ,.-
~-- - r.-~/ fl7-~---- '\ I
'""-..---"/ " "-
i I .
. I ."
\." , "~0' ,/ ~ ~-\-
,-, I" ~ /
I --- ~
. ,--' (
i'l "---.__/e:;
"
,',
.,.
.,.
/.--..:-~.
/
..
'"
"
l~
'"
~
'"
..
.~'i
'"
~-
Ii
~~
..
il
:!
I
tI .
;;.
OJ
..
~
F
'"
~-....
"
. ,
-
] .
I ~
"
I .
.
\ ~
\ ~
~
/ .
,...1
..
"<""
'llll
~l'l
-,
,
\~
\>
i-~-------O---------------~'--O----~-~ '
I' 'I
I I
~ ------,
I
I
1"'-""
-
l
jc$l
I..~ I
-L --J '
I ~'
b I 1
"~ I 1
~ : ~
. ii~, ~
. i~
I
i
f
:
i
~
L
1~ "t
<
li
-iJ
co
L~I I
I
../.(;;::: .
,...Vli"~'
X..
~. .~
<'\....,. .....
;;';'1<<< .
. ", y
~~
.........z CI,..
~~rnJ
Dil i
..~ -.
.
I!l
zliil
~illi
-.J
iJ
rID
b -.
..
'<
I
U_
I '<
I
"<
<t
-.J
Q.
~
I;)
{)
~
\.L
3
C::.
~
I
I
- -----I
i ~~[ I OOI'.~!~' W~W~~' -14W i
L-l-j 111111 il JI ~ ~ III , III~M III ,WII tl J i
I~
-I
I ~
.lh1:t't:
{1
\0....
1", 'Ii II:' 'I' 'I"~ I,,' i :'1"
fr< ~,'.."~: ~t <'It' ( ,'~
, ~: , ~ [' ;~ l ' \~
__1 t--1--------- JJ-~1
.o-.~iq-" ."1"-,1> ....,. .0-,0' ~ .0-.01
I II I I I, I
::1 II I,,=~t~ II
I III I -ll]lLI-)-_~ I
II
I
'1
I
'II
111"
,
\l)'.
II.
.
.
"- [~-]
,
"
,I
,
,
v
I
I
I
I
I
I
I
I
I
- -------t--
! -
I
E31m
[Jill
I
I
I
k
D
'<
p
, f::
.,;' <t:
. G;
~
'"
;l:
'<
o
<:
C"
\ r--~r---
II
I I
I I
I I
I I
I I
I I
I I
I I
I I
I I
I I
I I
I I
I I
"
I I
I I
I I
I I
I I
_ ____J j
'"
I I
I I
"
I I
, ,
"
, ,
--I -1-- ,
_ m __\._
,
~o
.r
<<
"
'j
<
,
.~,.-,lil .0-1
r- l- ·
:1/ ffiIm I
tF~ m
. rn=Em
J----
...~
r .
I
I
,
__11_-
-. 11
I
rE$l
1 I
._---::J
~
;
<t
;>
~
I-
~
,
,
,
,
, ,
,
p
-
,"",,#
" "
''''
Exhibit B
MEMORANDUM
To: Mary Lackner, Planning Office
From: Chuck Roth, Engineering Department C--t::
Date: April 29, 1994
Re: Yolk Conditional Use for an Accessory Dwelling Unit (ADU)
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Sidewalk. Curb & Gutter - Section 19-98 requires construction of sidewalk, curb and
gutter for new construction. The "Pedestrian Walkway and Bikeway System Plan" does not
identify the Oklahoma Flats area, and it is doubtful that sidewalks will ever be required
in the area. Construction of curb and gutter should only be done in conjunction with
comprehensiye designs of larger areas to account for storm runoff drainage and for
elevation needs. Therefore, it is recommended that the applicant only be required to sign
a sidewalk, curb and gutter improvement agreement prior to issuance of a building permit.
2. On-site Parking - On-site parking is not required for an ADD. Howeyer because there
is no parking on the street, it is recommended that an on-site parking space be required
for the ADU in this instance.
3. Driveways - Section 19-101 of the Code only permits one driveway to a residence.
Section 19-102 provides for variations from 19-101. Given the low traffic volumes in the
area, the Engineering Department will permit the second driveway.
4. Francis Street Access - The City and the County have worked with an adjacent
property owner, Doug Allen, concerning his access to a parcel that he owns. He was
denied permission to access from Gibson Avenue because of the trail crossing and the high
traffic volumes on Gibson. His parcel has legal access on Francis Street adjacent to the
applicant's property. However there is a large cottonwood tree in the middle of the
narrow, 15 foot wide Francis Street right-of-way.
As can be seen from the Yolk Lot Split plats, the City was concerned about right-
of-way widths adjacent to the Yolk property, A substantial area adjacent to both Spring
and Bay Streets was "reserved for dedication" at such time in the future as the City might
need to widen the rights-of-way. It is not clear why a right-of-way dedication or
'J-1-
, /
reservation to widen Francis Street was not required. It would appear from the access
easement that was provided to Lot 2 that the City was unaware that there was a
developable lot beyond the Yolk property on Francis Street.
The large cottonwood tree located in the Francis Street right-of-way would need to
be removed in order for Doug Allen to obtain access to his parcel. It would appear to
be preferable to widen the Francis Street right-of-way at this time or to obtain an access
easement from Lot 2 to accommodate Doug Allen's access needs as opposed to providing
permission to remove the cottonwood tree. A 20 foot wide access right-of-way or
easement is the desirable minimum width. This would only result in an additional 300
square feet of right-of-way dedication, but it would be acceptable to reduce the other
reservation for dedication area by 300 square feet if necessary.
5. Utilities - Any new surface utility needs for pedestals or other facilities must be
installed on an easement provided by the applicant and not in the public right-of-way.
6. Trash Storage Areas - The final building permit plans should indicate the trash storage
area, which may not be in the public right-of-way. All trash storage areas should be
indicated as trash and recycle areas. Any trash and recycle areas that include utility
meters or other utility facilities must provide that such facilities not be blocked by trash
and recycle containers.
7. Work in the Public Ril!ht-of-way - Given the continuous problems of unapproved work
and development in public rights-of-way adjacent to private properties, we advise the
applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city streets
department (920-5130).
Work in the public right-of-way includes landscaping and driveways.
cc: Robert Gish, Cris Caruso
Applicant's representative: Sunny Vann (FAX 920-9310)
M94.211
'}-1:J
c
--
,,)
Exhibit C
MEMORANDUM
TO:
Leslie Lamont, Planning Office
FROM:
cindy Christensen, Housing Office
DATE:
May 2, 1994
RE:
Volk conditional Use Review for an Accessory Dwelling
unit
Parcel ID No. 2737-073-73-002
The Housing Office recommends approval for the requested accessory
dwelling unit based on the following conditions:
Accessory dwelling unns 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 unn shall be
deed restricted, meeting the housing authority's guidelines for resident occupied unns and shall be
limned to rental periods of not less than six (6) months in duration. Owners of the principal residence
shall have the right to place a qual~ied employee or employees of his or her choosing in the
accessory dweliing unn.
The applicant states that the unit is to be 528 square feet of net
liveable area, located above the new principal residence's attached
garage, and have access to the unit to an exterior stair which is
to be located on the north side of the garage.
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 pius freezer.
In reviewing the floor plans, this unit is a good example of what
an accessory dwelling unit should resemble. The kitchen is a nice
size, it has a full bath, and is an above-grade unit with lots of
light.
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\volk.adu
~Jz
r
~ ,#
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
April 13, 1994
Sunny Yann
230 E, Hopkins
Aspen, CO 81611
Re: Yolk Conditional Use Review for an Accessory Dwelling Unit
Case A24-94
Dear Sunny,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission
at a Public Hearing to be held on Tuesday, May 17, 1994 at a meeting to begin at 4:30 p.m.
Should this date be inconvenient for you please contact me within 3 working days of the date
of this letter. After that the agenda date will be considered final and changes to the schedule
or tabling of the application will only be allowed for unavoidable technical problems. The
Friday before the meeting date, we will call to inform you that a copy of the memo pertaining
to the application is available at the Planning Office.
Please note that it is your responsibility to mail notice to property owners within 300' and to
post the subject property with a sign at least ten (10) days prior to the public hearing. Please
submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing
prior to the public hearing.
If you have any questions, please call Mary Lackner, the planner assigned to your case, at 920-
5106.
Sincerely,
5:w;WJ--.-.
Suzanne L. Wolff
Administrative Assistant
....ph
TO:
FROM:
RE:
DATE:
,I""'"
',,/
"
"
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
City Engineer
Housing Director
Mary Lackner, Planning Office
Volk Conditional Use Review for an Accessory Dwelling Unit
Parcel ID No. 2737-073-73-002
April 13, 1994
Attached for your review and comments is an application submitted by Richard V olk.
Please return your comments to me no later than May 2.
Thank you.
-.....,.,.._...,_..,>._..'~._.,"----
c
""""
-
~I.-/{(
PUBLIC NOTICB
RE: VOLK COIIDITIODL USB REVIn FOR D ACCESSORY DWBLLIIIG UIIIT
IIOTICB IS JlBREBY GIVBJI that a public hearing will be held on
Tuesday, May 17, 1994 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
Richard Volk, 730 Bay street, Aspen, CO, requesting approval of a
Conditional Use Review for an approximately 528 square foot
accessory dwelling unit above the proposed single family
residence's attached garage. The property is located at 730 Bay
street; Lot 2, Volk Lot Split. For further information, contact
Mary Lackner at the Aspen/Pitkin Planning Office, 130 s. Galena
st., Aspen, CO 920-5106.
s/Bruce Kerr. chairaan
planning and Zoning Co..ission
r
, C , 1/;1), /
h (5 U-1'\r-~ 1 "
( 't7) 1/)
,