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HomeMy WebLinkAboutLand Use Case.CU.797 Meadows Rd.A59-96jq7 ble(43c)q)s 2S 2735-122-84-002 A59-96 Weinberg ADU CA100AD SUMMARY SHEET - CITY SPEN DATE RECEIVED: 8/19/96 CASE # A59-96 DATE COMPLETE: STAFF: Dave Miehftelser PARCEL ID # 2735-122-84-002 5i5 i� u—v /t4s PROJECT NAME: Weinberg ADU Project Address: Lot 2 Westview, Meadows Road APPLICANT: Jay Weinberg Address/Phone: 55 North East 1st St. Suite 1, Miami Fl. 33132 REPRESENTATIVE: Aspen Custom Buildlers Address/Phone: P.O. Box 966 Basalt 927-9700 FEES: PLANNING $235 # APPS RECEIVED 1 ENGINEER $0 # PLATS RECEIVED 1 HOUSING $0 GIS DISK RECEIVED: No ENV HEALTH $0 TOTAL $235 TYPE OF APPLICATION: DIVE Staff Approval- COAVIIPINAL AMT. RECEIVED $235 ❑ City Attorney '0,City Engineer ❑ Zoning ).Housing ❑ Environmental Health [( Parks DATE REFERRED: 8 - 44 #7 APPROVAL: ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: INITIALS: Ordinance/Resolutio ')# Staff Approval Plat Recorded: CLOSED/FILED DATE: INITIALS: ROUTE TO: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE: I" / 1 91, Date: Date: Book Page RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE WEINBERG PROPERTY, LOT 2 OF THE WESTVIEW LOT -SPLIT, MEADOWS ROAD, CITY OF ASPEN Resolution 96-02 7- WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved by the Planning and Zoning Commission as conditional uses in conformance with the requirements of said Section; and WHEREAS, the Community Development Department received an application from Jay Weinberg, owner, for a Conditional Use review for a 311 sf below -grade studio Accessory Dwelling Unit within the proposed reconstructed residence; and WHEREAS, the Housing Office, City Engineering and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on September 17, 1996, the Planning and Zoning Commission approved by a 7-0 vote the Conditional Use review for the Weinberg property Accessory Dwelling Unit with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Weinberg property Conditional Use for a 311 sf below -grade studio Accessory Dwelling Unit is approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains approximately 311 sf as shown on the plans; b. modify the plans, if possible, to provide additional natural light into the ADU; c. verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; d. provide the Housing Office with a signed and recorded deed restriction which must be obtained from the Housing Office; clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a separate one -bedroom unit having a private, exterior entrance and being in • • compliance with 1994 U.B.C. Sound Transmission Guidelines (Appendix Chapter 12, Division II, Section 1208); provide one, off-street parking space on -site for the ADU that shall be shown on the final improvement plans since there is no on -street parking permitted along Meadows Road; g. submit plans pursuant to Chapter 26.58, Residential Review Standards to Community Development for review and approval; h. show any new trash areas or service facilities requiring a pedestal or other above ground equipment to be installed on an easement provided by the property owner and not located in the public rights -of -way; and indicate all utility meter locations on building permit drawings; show all existing and any new easements for utility services on the final improvement plans and they shall be recorded; j.. submit a drainage report and plan that is signed and stamped by registered engineer in the state of Colorado to confirm that the new development shall not release more than the historic surface run-off flows from the site and any increase in historic storm run-off flows must be routed and maintained on -site; k. execute and record an agreement requiring the property owner to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way; 1. apply for a tree removal permit two (2) weeks prior to the issuance of a building permit if any trees are to be removed. The required mitigation for any tree removal shall be as per Section 15.04.450 of the Municipal Code; m. execute and record an agreement, which is voluntary, with the Parks Department for the dedication of a trail easement along the western property boundary to provide access through Sneaky Lane to the trail on the City owned Meadows property; and the approved trail easement shall be shown on the final plat; and n. relocate the driveway within the platted driveway easement or modify the existing easement to include the proposed drive. The driveable surface must be a minimum width of fourteen (14) feet to meet Fire Department criteria. Drainage from the driveway must be kept on site and not conveyed to Meadows Road as increased runoff. • • 2. Prior to the issuance of a certificate of occupancy (CO) the applicant shall: a. submit as -built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Data Processing Department in accordance with City GIS requirements; b. have Community Development Department and Housing Office staff inspect the property to determine compliance with the conditions of approval; and C. set survey monument boundary corners at all parcel corners. 3. The applicant shall consult with City departments regarding the following: a. City Engineering (920-5080) for design considerations and any development within public rights -of -way; b. Parks Department (920-5120) for tree removal, landscaping, and vegetative species; c. City Streets Department (920-5130) for any work or development, including landscaping, within public rights -of -way. 4. All material representations made by the applicant in this 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. APPROVED by the Commission at its regular meeting on September 17, 1996. Attest: Planning and Zoning Commission: ;55U0_ 1 ffackie Lothian, Deputy City Clerk Sara Garton, Chairperson / q y 7 November 19, 1996 Mr. Jay Weinberg 55 N.E. 1 st Street Suite No. 1 Miami, Florida 33132 RE: Trail Easement Across Lots 1 & 2 Dear Mr. Weinberg: I * THE CITY OF ASPEN I am following up on our telephone conversation concerning a trail easement on your property located on Meadows Road in Aspen. As you know, during the development approval process of a conditional use for an ADU on lot 2, there was discussion of the dedication of a trail easement along the western property boundary. This discussion was noted in the minutes of the Planning and Zoning meeting and the pending resolution for approval. The City of Aspen Parks Department would like to obtain a trail easement across Lot 2 and Lot 1 as well. This trail easement would provide for a partial trail connection to Sneaky Lane from the City owned Aspen Meadows property to the north. I have shown the approximate location of two possible trail easements on the attached plat. One possible trail easement could follow the sewer easement already in place. The Sanitation District has indicated they would not object to a trail over their sewer line. It would make it easier for them to access and service their line. The other possibility would be to locate a trail easement along your western property boundary near the sewer easement. We would like the trail easement to have a width of 20' feet with a little bit wider temporary construction easement to use while constructing the trail.. No construction of the trail would occur until other adjoining easements were in place to connect to Sneaky Lane. 130 SOUTH GALENA STREET - ASPEN, COLORADO 81611-1975 • PHONE 970.920.5000 • . FAx 970.920.5197 Printed on Reryekd Paper A trail easement across the western boundary of your property would not be visible to any occupants of the dwelling and would have very little impact on the property. The trail easement would be 40-50 feet down the hill from the top of the slope in an area that does not appear to be a usable area for any future development. We think the impact of a trail would be minimal to your development and in fact would be an amenity once the trail is built. An easy access to the trails system in and around town would be a real advantage. A nice trail experience would seem to be preferable to the congested streets. Your unselfish consideration of a trail easement to the would be very beneficial to the community. It would be an important step toward a future trail connection in this area and an important enhancement of the entire trails system through out town. Your actions could provide important impetus to other property owners to help enhance this important community asset. I cannot'address your offer of a trade for additional FAR on your property. That is an issue for the Planning and Zoning Commission. I can tell you that a trail easement will not cause you to lose any FAR. There may be some kind of tax considerations if you would grant a conservation easement across the property to be used for the trail. Please let me know if I can help to explain this further or if you have any questions. We appreciate your time and consideration of this important matter. If you would like, I can send you an Easement Agreement for your review Sincerely: John D. Krueger Trails Supervisor City Of Aspen Parks Department cc: Tom Bracewell -Aspen Consolidated Sanitation District John Davis -Aspen Custom Builders / an Bob Nevins -Community Development ✓ David Hoefer-Assistant City Attorney George Robinson -Director of Parks Chuck Roth -Project Engineer 1 9 f�c'l AGENDA DESIGN REVIEW APPEALS COMMITTEE September 19, 1996 Regular Meeting Basement, City Hail S15TZRS C iTy Mt' �1C �ODM ----------------------------------------------------------------- ----------------------------------------------------------------- 4:00 I. Roll Call II. Comments (Committee members, Staff and public) III. New Business 4:05 A. 851 Ute Ave., Unit C WAl)VA- OF- 4:20 B. Weinberg residence, Meadows Road M: �-'IW 4l - 4:50 C. 918 E. Cooper 5:20 IV. Adjourn MEMORANDUM TO: Design Review Architectural Committee FROM: Bob Nevins, City Planner RE: Weinberg Residence, Waiver of Ordinance 30 Design Standards DATE: September 19, 1996 SUMMARY: The applicant is requesting a waiver of the residential design standards relating to "street facing principal window" and "garage setback from the street" for a proposed single-family residence on Meadows Road. The architect has outlined his design approach for the residence in a letter and it is attached as Exhibit A. APPLICANT: Jay Weinberg, as represented by Mark Ward, architect. LOCATION: Lot 2 of the Westview Lot -split, Meadows Road. ZONING: Moderate Density Residential (R-15). PROJECT REVIEW and STAFF EVALUATION: I. Background: The applicant is proposing to demolish an existing residence and to construct a new single-family home on Lot 2 of the Westview Lot -split. A conditional use application for an Accessory Dwelling Unit is being reviewed by Planning and Zoning Commission on September 17. The ADU is proposed to be located below the new garage. H. Site description: The site contains 17,689 sf. There exists a level building pad along Meadows Road with the remainder of the site sloping steeply downhill to the west. The proposed residence is situated on the flat, upper level of the site. III. Waiver requested: A. Building Orientation Standard: 2. A street facing principal window requires that a significant window or group of windows of a living room, dining room or family room face the street. B. For single-family homes and duplexes with attached garages or carports, the garage must be set back at least ten (10) feet further than the house. IV. Staff evaluation: The Committee may grant an exception to the Design Standards for any of the following criteria: A. yield greater compliance with the goals of the Aspen Area Community Plan; Staff response: Not applicable to this proposal. B. more effectively address the issue or problem a given standard or provisions responds to; Staff response: The principal window standard is to encourage more social and visual interaction between the residence and the street. The proposed residence is set back considerably from Meadows Road. In addition, a dense stand of trees and shrubs screen the property from public view. The proposed residential entryway is designed to provide visual access into the main living area of the house. Lights from the home should be visible to the street to create a residential ambiance. Staff believe that given the setback of the house from the street, the dense vegetative buffer and the mixed -use character of the immediate neighborhood, the proposed design meets the intent of the standard while addressing the special neighborhood constraints. Staff recommend that the principal window standard be waived in this instance. C. be clearly necessary for reasons of fairness related to unusual site specific constraints; The site is constrained in terms of its access and buildable area. The property is also located within a unique neighborhood setting. There are a limited number of single-family homes along Meadows Road and they are set back considerably from the street. This provides a needed buffer between the private homeowners and the guests of the Aspen Meadows Campus. V. Recommendation: Staff recommend to DRAC that the principal window and garage set back standards be waived for the proposed Weinberg residence. I AtM USE AF-011C7=c Fcaki ' 1) Project Name E WEINBERG RESIDENCE. `) Project Iccation LOT 2, WESTVIEW, MEADOWS ROAD, ASPEN 3) Pit Zcrdng R-15 4) Zat Size L1, 061 S, R 5) Apolicant' s Name, Address & Phone = J 0 H N DAVIS, P.O. B O X 966, BASALT, CO 81621 (970) 927-9700 6) tive's Na—, 20dres. & Pbcrxe # MARK WARD, 2945 CENTER GREEN COURT, SUITE A, BOULDER, CO 80301 (303) 442-1201 --- 7) Zee of Apolicaticn (please cbeck all that apply) C. - iiticsial Use SPA tua I His,,-z2:i c Dev. special Review SG40 Cz-E----lir e .� aTmargin Final SPA bsal PUD Final PUD Ifs�sz'• i n View Plane ivisicn Final Historic Dev. Minor Historic Dev_ Histcr;..c De liticn Histcric Designaticn C=n3cm i n i t mt i za tin Tex'--/ s Auw.snc�^f' CTTS A.Uot went _ Zct Spat/'Iut I•i rle. X 0 R D 30 GIQS F`N3=c' c n Adj ust...�nt 8) Desa-- p a c n of Exis ? g Uses (rim and ty of ems`,, ?pgra}C� sil_ ft; *rx=er of bed: any gzev=r.- apnzwzls granted to the ONE SINGLE FAMILY RESIDENCE ON T OTs 1 ANT) 2 APPROXIMATELY S.F. TO BE DEMOLISHED 9) Das.—Zption of Deveicpme1= Apolicat:icn ONE SINGLE FAMILY RESID .NCF. ON LOT 2 10) K:ve you attached the follaring? X e to At It. 2, I'iiniman ��i-rrti�cn Cbclte•Its Res�se to Attadmxi it 3, Specific S u n+ ission its Rests to Attacm°nt 4, Review Star,r�rriS for Your ApoLication ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM l Applicant: JOHN DAVIS BOX 966 BASALT, CO 816211 Address: Zone district: R-15 ' Lot size: 17,689 S. F. i Existing FAR: N / A Allowable FAR: 4,152 S.F. i Proposed FAR: 4,14s ' F ' ' Existing net leasable (commercial): N / A Proposed net leasable (commercial): N/A Existing % of site coverage: 10% i Proposed % of site coverage: 16 % Existing % of open space: 8 % Proposed % of open space: 7 5 % Existing maximum height: Prir6Dal blda+/- 15' Accesery bldg: N/A Proposed max. height: Princ'cai bida: 25' Accesscry bldg: N/A Proposed % of uemolition: ALL OF EXISTING RESIDENCE (B•OTH LOTS 1 & 2) Existing. number of bedrooms: Proposed number of bedrooms: 5 Existing on -site parking spaces: 4 On -site parking spaces required: 5 c tbacks vC.✓ Minimum required: i Proposed: Existing: Frcnt: 5 7Front: 251 Front: 2 5' Rear: 13 0' Rear: l o' 1 i Rear-. 1 Z Combined Combined Combined 187 ' Front/rear: 3 5 ' i ' Front/rear: L4 3 ' FrontJrear. Side:. 4' Side: 22' Side: 1' I Side: 10' Side: �10 _ o Side CombinedCombined ; Combined ' Sides: 22 Sides: 20' ; �II Sides: 24' Existing nonconformities or encroachments: !EXISTING RESIDENCE ON LOTS 1 AND 2 SHALL BE REMOVED Variations requested: NONE (HPC has the ability to vary the following requirements: setbacks, dis FAR bonus of up to 500 sq.ft., site coverage variance uoIto 5%, heig cottage infill program, parking waivers for residential uses in the R-6 zone districts) I 1 :ance between buildings, it variations;underthe R-15, RMF CC, and O TnZi=1 ANWAWARD and ASSOCIATES inc architecture and planning September 13, 1996 Re: Ordinance tQ Variance The 1'Veinburg Residence, Westylew Aspen, Colorado To Whom It May Concern: The site for the proposed residence is un►iquc and dictates some alter uatc design appraodles for a single family horse. First and foremo%t, the 'front" of the to[ is not sdjacent to a street,rR.O.W. and it's acec8s is through the adjoining lot via a driveway easement. 'The lot is separated from the street by a parcel of land of approximately ten feet wide. Also, the west side of the kit drops off extremely and it is not feasible to build upon. The design approach was to put the entry toward the approach side of the lot and place the garage behind (to the north) in a secondary location. This enables guest parking and a turnaround space which is required for this lot. The garage doors are turned 90" to the street. The ten fnot parcel of land is, bcrmul up as well as landscaped which will greatly resolve concerns that ordinate 30 is addressing, With the garage and entry located, the best places for the kitchen and living room are as per plan- The kitchen is adjacent to the garage and the living room is situated beyond the cniry and also in a locatioa to enjoy the views. The family room is on the south with the windcntiN to take advantage of the southcrrt exposure. An alternate way to review this unique site could be that the `front" of the house is on the south because that is where the access is from. From this perspective, the garage rncels ordirtarlce 30 requirements and there is a principle window facing the front. To summarize, the design concerns that ordinance 30 addresses are non-existant for this, residence. The garageis and especially the garage doors, arc set back and non -visible from Wt51 &W. The uaiqueness of the lkH dictates a design like this with the major mass of the howir, cet far hack from the street. If YOU a7nsitler the (runt of the house the south side, then the requirement for a principle window is stet as well as the garage being set haek. Duc to the separating panel and the distance frorn the street to the house, 1 f-cd the principle window requirement is not appropriate fop this site. There are windows to the Office on the "front" and windows to the famBy room to the south. With the rnaiurity of the house set far away from the street, the impact of this design upon the strect will be mit:imal. Thank you for your Consideration. sincCrdy, a Mirk Wgrd Architect e945 Center Green Court, butte A • Boulder, Colorado 80301 • (303) 442.1e01 Exhibit A ,-i'.-1 t-g90:rt-:=oF -qS.drNiiii1 11.0-i•_. tI.-iHhl AN"N W.-1 b171:FR 96-:=r-.-Aa 5 c'- r _• �. jy .r , - Y: •. �..... } - t •.. "• ' `- '.'. r. :.. t".q r .yY � .ta .. ¢..� • li' . t '• •t `�. - - ' Y : �F.-' . y- • II ' 1 { t � i _ _ 1 r NLM �vAn•N N k, T Ij p6c E T ZF 'IE Te L J �I �= Eta -- -- ----- '�Il�lil � � u :t rd" 1 er�� is _ . .. ....ok� _ -I ("I -• 3� y.. � - - - � rat• 4 - _ _ .:e ... _ - . I _.�ot1THcAsT VI�T-F- ON L • PJ Tv RE A L i (SO, Y l �I. 3o�G �e2ro ON �I ell-N Gi- 4 Io" LP,UNVR'i DU -mow )00 °r IvTo t-S FOL ,'Y ,y M .,o 71 19 x 15 II •�kP � � r• mil -�� ,� w _ _ � i 1Tf/ 11 RED PLASTIC CAP 7972 SO r 4 S RED PLATIC CAS D. 7972 SO � t . C CAP V% M. 84" 14' 00" W. 23 .54'. A -A V �11 STOIF WALL LL � i -mot ` } � f }, � � � .�,;• \� � �•-� • �� �-. ��.,� � 1 � . Au \V G) I I I cy) c I sr-, - I Ul c M '0 4 t 1 . -IT I ['m L S'ETRACK Nt CASE N OfCJK WOOD L L N EACE' '7 10 tire ? 5 TO 4� jjF EASE, 1 t i 1 0 r Y Y 4'T CD EASE.'l Zo WAX E 47 Cl) SHED E A.84'0 14.' 00" W. 231,23* J c, N6. 0 Irciff MEADOWS ROAD Exhibit A I L — o a� 2 O a W , o a FND. RED PLASTIC CAP LS NO 7972 Sil FHD RED PLASTIC CAP -3 NC `922 SA'e IMPROVEMENT /'� � /L "�'04�-V;VT Ld c"'a / ' CARMICHAEL SURVEYING,, INC. .. E'A BOX f367 »""""^°"«"""'^'�' - • CARBONOALE, COLOAADO 81623 SURVEY PLAT LOTS I & 2 WESTV I EW ASPEN. COLORAD iR IOR OO WIDE i VZ ADOWS i!DAD R.O.W. OF PAVEIENT WITH TOPO L ZONING z 20 BA313 OF eF AINB - ZDLND ICNMEMT `•� 0 Ci 01 1996 CC s#,y Dom`!"-L�!►`1;�� I -. SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS AN IMPROVEMENT VIRVFY PLAT V✓TOPOGRAPFff PERFORMED UNDER MY SUPERVISION ONSEPT. 22. 1995. OF THE ABOVE DESCRIBED PARCEL OF LAND. THE LOCATION AND DIMENSIONS OF ALI. IMPROVEMENTS. EASEMENTS. RIGHTS -OF -WAY IN, EVIDENCE OR KNOWN TO ME AND EAWACHMENTS BY 08 ON T-�IESE PREMISES ARE ACCURATELY SHO CARMICIil Ej.�SURVEY ING. INC. BY. it •�Yf DATE: OCT. 12; 1995 P. 17, O W a U Z W O Q U Zzo W z D cc w N 0 LIJ F- O m O Z W2 O uj i IMPROVEMENT SURVEY PLAT WITH TOPO I LOTS I & 21. WESTVIEW ASPEN. COLORADO FND. RED PLASTIC CAP LS N0. 7972 S&W 00- w. I 2a9ss• STOIE WAU I I I�I�Irrrtrfll � I `.� �,- ��t Irm }I.I I Isl I.I III f11 Is' ` NW^ ( I l l 1 I 1I 1 vavo I j2F 1 �'t t � 1161 11mll,,Ilmll 1A1�1}N1 III occR K_ I Ira t7�t IeltYst 1�1 Im, lei ; I � \ i r i 1� 1� 1 111 111'll i ltt,lll 11t?' l�l l�/ I ! r I l 11 1 1 1. 1. A l( OWN-NG coo I 1 1 FND. RED PLASTIC CAP LS N0. 7972 SAW N.8Ae 14. 00` \.. M 23' �i 4 qv 1 11.JIPLASTIC CAP' L i'4 20296 ' t 1, I a. III Ir r ,r I I rf\ - .. IAi IV6A ro � 9ET ACW aAHI } I f i l l CASE a i BRAVEL p', wR>,R f ttfll I / 1 - TEASE. w(M-E EASE /gyp �I Ii ° .�`• � 3D jW EASE ` , .: •. •^ 1 _ / O , ' 1 Y�IAST [.CAP vrr:x--a�7 c�N 0.EI PRIOR 40 WIDE MEADOWS ROAD R.O.W. EpOE OF PAvamsw I,I I s: 1 i1 If j i T ZONING � e f - 20' BA$15 OF BEAR INB - fO1 MOIAAENT 1gWR Cl 0 A �99s G MIA / SURVEYORS CERTIFICATE 1 HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS AN IM OVEMENT SURVEY PLAT WIMPOGRAPHY PERFORMED UNDER MY SUPERVISION ONSEPT. 22 1995 OF THE ABOVE DESCRIBED PARCEL OF LAND. THE LOCATION AND DIMENSIONS OF ALL IMPROVEMENTS. EASEMENTS. RIGHTS -OF -WAY IN EVIDENCE OR -KNOWN TO ME AND Lp11C,ROT CHMENTS BY OR ON,T'HESE PREMISES ARE ACCURATELY SHOW CARMICHAEL SURVEYING. INC. BY: >c DATE: OCT, 12, 1995 P.L. +.aAs• on�rCUCNT CI�R TY Job No 95 - 50 so O W a U Z O LLI 0 0 v Z w W 5: a fA C. 0 Q w CC a Q w fM O Z 3 W 0 3 lu 2 A sur yw SEPT., 1935 Rwidmn CARMICHAEL 8URVEYIN6, INC. Dn~ . OCT_ 9s5 .,..� P.O. OX4ALE 1367 - .yw•�n^^a^^-^^ CAR8B0NCOLORA00 61623 _ .e. .. . (303-963-0757) r - -._..�-.._s...:...,.•...�...,.�„� — �� - ANWAWARC and ASSOCIATES inc architecture and planning c� Uv} zc C P 2948 Center green Court, Bults A • Boulder, Ceicredo 90301 • C3032 442-1201 T0'd V0909Tb£0£ 3SdIhNni 11G3S asktm mtivW Wd 4T_T0 96-60-d3S AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, SEPTEMBER 17, 1996, 4:30 PM SISTER CITIES MEETING ROOM, CITY HALL I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. PUBLIC HEARINGS rA. Weinberg Conditional Use for ADU, Bob Nevins B. Kent Conditional Use for ADU, Suzanne Wolff C. Text Amendments/Corrections, Dave Michaelson IV. NEW BUSINESS = A. Aspen Meadows Traffic, Dave Michaelson (to be tabled to 10/1) B. Winnerman Stream Margin Review, Suzanne Wolff V. ADJOURN • :7 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Bob Nevins, City Planner THRU: Dave Michaelson, Deputy Director M RE: Weinberg ADU Conditional Use Review - Public Hearing Parcel ID No. 2735-122-84-002 DATE: September 17, 1996 SUMMARY: The applicant proposes to demolish an existing single-family residence and to construct a new single-family residence with a 311 square foot Accessory Dwelling Unit (ADU) on Lot 2 of the Westview Lot Split. The studio ADU is to be located below the garage. The Conditional Use Application is attached as Exhibit A; and the referral comments as Exhibit B. Community Development staff recommends that the conditional use for an Accessory Dwelling Unit at Lot 2 of the Westview Lot Split, Meadows Road, City of Aspen be approved with conditions. APPLICANT: Jay Weinberg as represented by Gary Nichols, Aspen Custom Builders LOCATION: Lot 2, Westview Lot Split, Meadows Road, City of Aspen. ZONING: Moderate -Density Residential (R-15) LAND USE: Detached, single-family residence LOT AREA: 17,689 sf APPLICANT'S REQUEST: To construct a 311 sf studio Accessory Dwelling Unit (ADU) contained within a newly reconstructed single-family residence. REVIEW PROCESS: Accessory Dwelling Units (ADUs) require conditional use approval by the Planning and Zoning Commission at a public hearing. It is a one-step review that requires notification to be published, posted and mailed. 1 BACKGROUND: The existing detached, single-family residence occupies both Lots 1 and 2 of the Westview Lot Split. The applicant proposes to demolish this residence and to construct a new single-family home located entirely on Lot 2. To qualify for a single- family GMQS exemption pursuant to Section 26.100.050, the applicant is proposing to construct an Accessory Dwelling Unit. The architectural plans for the new residence have been reviewed by staff. Several residential design standards have not been met and the applicant is seeking a waiver by the Design Review Architectural Committee (DRAC) regarding the location of the garage and street -facing principal window requirements. The proposed ADU is a 311 sf studio with a kitchen and full bath. The ADU has private entrance and it is located below the garage. It is fully self-contained with no interior connection to the primary residence. The unit is below grade with a north facing orientation. An uncovered, off-street parking space is provided along the driveway near the entry walk to the ADU. REFERRAL COMMENTS: Attached as Exhibit B are the Housing Office comments. STAFF COMMENTS: Pursuant to Section 26.60.040, a development application for a conditional use approval shall meet the following standards: 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; RESPONSE: Included within the Aspen Area Comprehensive Plan is the Housing Action Plan which establishes a policy of promoting, marketing, and implementing the Accessory Dwelling Unit program. The Moderate -Density Residential (R-15) zone district is designated to provide areas for long term residential purposes with customary accessory uses. This conditional use request for the approval of an Accessory Dwelling Unit within a single-family residence is consistent with the intent, philosophy, and policies of the Aspen Area Comprehensive Plan, and complies with the intent of the Moderate -Density Residential (R-15) 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; RESPONSE:. The proposal to demolish and reconstruct a single-family residence is consistent and compatible with surrounding land uses, densities, and character of the neighborhood along Meadows Road. With the inclusion of an ADU, the new residence shall continue to offer a potential housing opportunity for a local working resident. tj 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; RESPONSE: The 311 sf studio Accessory Dwelling Unit is contained within the below grade level of the proposed garage. It should not create a visual impact from Meadows Road or adversely impact the adjacent properties. The unit is designed to have a separate entry and external access stairway for privacy and safety purposes. A designated, off- street parking space for the ADU is provided along the driveway near the ADU entry walk. Automobile trips should be minimized since the site is proximate to the RFTA bus routes that operate along West Hallam Street (Highway 82). It is also within walking and biking distance of downtown, community services, The Meadows campus, wildlife preserves and trails. The approval of an Accessory Dwelling Unit within the reconstructed single-family residence should not adversely impact the surrounding properties in terms of trash, service delivery, noise, vibrations and/or odor. 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, hospital and medical services, drainage systems, and schools; RESPONSE: There are adequate public facilities and services to serve the proposed Accessory Dwelling Unit within the single-family residence. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; RESPONSE: The applicant is creating an ADU in accordance with Section 26.100.050 Exemptions, and Section 26.40.090, Accessory dwelling units of the Land Use Regulations. The unit shall be deed restricted; meet the Housing Authority's guidelines for resident occupied units; and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the ADU. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all applicable requirements of this title; RESPONSE: The proposed conditional use for an Accessory Dwelling Unit within the reconstructed, single-family residence is in conformance with the Aspen Area Comprehensive Plan and complies with all other applicable requirements. • E RECOMMENDATION: Community Development staff recommends that the conditional use for the proposed Accessory Dwelling Unit (ADU) at Lot 2 of the Westview Lot Split, Meadows Road, in the City of Aspen be approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains approximately 311 sf as shown on the plans; b. modify the plans to provide additional natural light into the ADU; c. verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; d. the applicant shall provide the Housing Office with a signed and recorded deed restriction which must be obtained from the Housing Office; e. clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a separate one -bedroom unit having a private, exterior entrance and being in compliance with 1994 U.B.C. Sound Transmission Guidelines (Appendix Chapter 12, Division II, Section 1208); f. provide one, off-street parking space on -site for the ADU that shall be shown on the final improvement plans; g. submit plans pursuant to Chapter 26.58, Residential Review Standards to Community Development for review and approval; h. any new trash areas or service facilities requiring a pedestal or other above ground equipment must be installed on an easement provided by the property owner and not located in the public rights -of -way; i. all existing and any new easements for utility services shall be shown on the final improvement plans and recorded; submit a drainage report and plan to confirm that the new development shall not release more than the historic surface run-off flows from the site and any increase in historic storm run-off flows must be routed and maintained on -site; Ll • k. an agreement shall be executed and recorded requiring the property owner to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way; and apply for a tree removal permit two (2) weeks prior to the issuance of a building permit if any trees are to be removed. The required mitigation for any tree removal shall be as per Section 15.04.450 of the Municipal Code. 2. Prior to the issuance of a certificate of occupancy (CO): a. submit as -built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Data Processing Department in accordance with City GIS requirements; and b. Community Development Department and Housing Office staff shall inspect the property to determine compliance with the conditions of approval. 3. The applicant shall consult with City departments regarding the following: a. City Engineering for design considerations and any development within public rights -of -way; b. Parks Department for tree removal, landscaping, and vegetative species; c. City Streets Department for any work or development, including landscaping, within public rights -of -way. 4. All material representations made by the applicant in this 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. ALTERNATIVE RECOMMENDATIONS: Planning and Zoning Commission may approve the conditions above, approve additional conditions or disapprove the conditional use for the Accessory Dwelling Unit. RECOMMENDED MOTION: "I move to approve the conditional use for the Accessory Dwelling Unit located at Lot 2, Westview Lot Split, Meadows Road, with the conditions outlined in the Community Development Department memo of September 17, 1996." EXHIBITS: "A" - Conditional Use Application; `B" - Referral Comments MIAMI MONE! STORE TEL=305-539-1809 Nu9 5.96 11:32 No.001 P.01 aUG-1S-: = l �i: � • LLICY Iv I CHOLS 3e Jay Weinberg 55 North East I st Street Suite 1 Miami, F1. 33132 305-794-0606 Planning and Zoning Commission City of Aspen I hereby authorize Aspen Custom Builders. P.O. Box 966 Basalt Colorado 81621 927-9700 to represent and act on my behalf for the propose of this conditional use review for a ADli unit The address of the project is. Lot 2 Westview, Meadows Road Aspen Colorado 81611. We propose a Accessory Dwelling Unit of 311 square feet with one exterior entrance. The unit will be a studio with one bathroom and a kitchenette as per the drawing enclosed Thank you ay Weinberg , TCMI L P.02 Exhibit A ASPEN CUSTOM BUILDERS P.O. BOX 966 BASALT COLORADO 81621 970-927-9700 August 19, 1996 Aspen Community Development City Hall 130 S Galena Street Aspen CO 81611 Dear Sir's In response to the review standards of attachment 4, we propose a Accessory Dwelling Unit of 311 Square Feet with one exterior entrance. The studio ADU will have one bathroom and a kitchenette as per the enclosed drawings. The ADU is consistent with the purpose and objectives of the Aspen Area Comprehensive Plan. The design of the ADU being on a lower level of the residence is consistent with the area developments and surrounding land uses. It also minimizes the impacts on the surrounding developments. There is adequate public facilities because we are removing an existing structure. The ADU commits us to supplying affordable housing to local employee's. Thank , Gary Nichols White Sam Star Mesa oa l St wmod 4s� C Rand B� S 5 S4ra , �mr- 4 ` f R 0 P E R T~I E S Wtde Horse T 4 Spiqs -'t �d9+m5 D—� WHITE RIVER Lucinda C. Nichols q O /M Fast Durant ♦ Aspen, Colorado 81611 USA NATIONAL FOREST c U 970/920-2000 • 970/920-2020(Fax) • SM/633-0336 _ � hrta n F iRo Fr3[fe \ i '�\` W. Red's Qb bin 4 Red \, Ridge d Red Moladrio 40 w�ttn Kwrlse 1 Pksa Aspen Ai?- Red Bute �"� \ g Dre► R e+ t D, fy _ �r. qy RuEd r ro 8-iness tcRn q 1 g• °- M Rd. q i trat�` y[+Kt CeMq ` ;:• e° P, 1\ !\tcron Xo11or pear CL tOa *A Rtrt/ 1 `I} orrt Dr 4 I Cr k Rd • Rtidn ► fn F Rtd a r Reserve eyn,.,co Mowdae � w r t/ foLk q0 pitlm Gt - .�. ;.,�� � � Cifetn RD'T` C - P� y � pb•` Sardy F1dd 41 Cn� W. Asp"Ivl,fo : Rq ; atr akr� Sw A S—d` W Yy y"rer O►/ Crte d2 etk CYra ; s. tkrq YrstttutP and CrL` E f11 (reeve 44. .;`p � 0 SKI► W �, Aso- LC61: Nil FV5" Tot 4 od. ice f P trouth peal Ga.s 1\ Try Se N d' � �'^'� W. Butterms3cRf4 k. s V` / pD � � '� � or 82 r Fsd F�''rs m Hotel\\ ra — OSmuggle, i E�kP r Aspen Terris tlo! d Bkekc x �a n Si jmrnC Rb C ��d 1 1 EAtm efee4tr \ 4 n St 05 / V A- ` R E ' "ny CL pp +rR JS p 2` 7'��Q•. ' /05 `` 8 5 An f c an ,R r {yJ� ' O PMETw s fi.Bi AR M , 0! Dam `. : cSk 2 PARK 3 �� i Meado" Mn S Pux AR WF T q� A�E . 4 r! Q pdittlt U. Y G� 3 ' !2 r Gkn G / A I AI Are. 5 .�� �aoreI cf. a Cartrn Svrvsr► & little F .Ra �Craidv�ool 3 Rd. �4 I,i Meg 1 `� ,ts► L i,,% _ 'S Hotel I^%�'4 .' 7ME e d�ryar ,o �+ I�� Re PartSk AV" CV 9 � 1 1 i River Vincent J. Higens President P�IN COUNT; T;Tii; • PITRIN COUNTY TITLE, INC. 601 EAST HOPKINS, 3RD FLOOR ASPEN, COLORADO 81611 970-925-1766 1 970-925-6527 FAX DATE: AUGUST 16, 1996 TO: GARY NICHOLS ATTENTION: FROM: VINCE RE: WEINBERG SHEET 1 OF 5 Including Cover Sheet No.1397 F, 11/5 Christina Davis Vice President WE ARE TRANSMITTING ON A RICOH FAX 1000L SHOULD YOU NOT RECEIVE ALL Tk� COPIES LISTED ABOVE, PLEASE CALL US AT THE NUMBER LISTED ABCVE. DISgSAGB ?-FI?i .7�� • No. 1397 CERTIFICATE OF OWNERSHIP Pitki:. County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that JAY N. WEINBERG TRUST DATED MAY 8, 1991, AS AMENDED is the owner in fee simple of the following described property: LOTS 1 AND 2, WESTVIEW LOT SPLIT, according to the Plat thereof recorded June 2, 1994 in Plat Book 34 at Page 54. COUNTY OF PITKIN, STATE OF COLORADO.. Subject to encumbrances, easements and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY,ITTILE, INC. 'BY: authori ltr 4ignature CERTIFIED TO AXUOUST 15, 1996 @ 8:30 A.M. uz i6. 19060 8:054MITKIId 1�3UNTY TITLE �,�. ' �97rP. 9-7n? P-991 09/09/94 07m29P PO ( OF J SIl.,Ia DA-(S PITKIN COUNTY CLERK 4 RECORDER N r.,o, PEC DOG .t.00 0.00 TeIS DRED, made this Ind day of June, 1994, between Jay li. Weinbo:i, of the Count} of Dade, and state of Florida, Grantcz, and the Jay N. Weinberg Trust Dated May 9, 1991, as amended, whose legal address ins 111 N-S. 1st Street, Suite S00, Miami, Florida 13122. of the County of Dade and State of Florida, Grantees WITNESSiTR, that the Grantor for and in consideration of the sues of Ton and Aul100 Dollars (S10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, Grantee's heirs and assigns forever, 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! As set forth on Exhibit •A• attached hereto and incorporated herein by this reference. as known by street and number ass 795 Meadow Rand, Aspen, Colorado; TOGETHER with all and singular the hereditament■ and appurtenances thereto belonging, or in any-+ise appertaining, and the reversion and reversioner remainder and remainder*, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained prarises, with the hereditament@ and appurtenances. TO SAVE AND TO HOLD the said promises above bargained and described, with the appurtenances, unto the Grantee, Grantee's heirs and assigns forever. And the Grantor, for Grantor and Grantor's personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, Grantee's heirs and &*signs, that at the time of the ensealing and delivery of these presents, Grantor is well seized of the premise* above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in Irv, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the sash in xanner and fors as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature ooever, except those of record, and subject to a first deed of trust for the benefit of James S. Adams and Florence Adams, •*curing the repayment of a promissory note in the original principal amount of S 650,000.00, which deed of trust the Grants* hereby assnmee and agrees to pay. The Grantor @hall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of ■ t, FND. RED PLASTIC CAP L5 N0. 7972 S&W FND. RED PLASTIC CAP LS NO. 7972 saw IMPROVEMENT SURVEY PLAT WITH TOPO LOTS I & 2 WESTVIEW ASPEN. COLOPADO 9-1, PRIOR 40'WIDE MEADOWS ROAD R 0 W I CAP EOOE OF PAYERENT 1 3 1 IP,1 1 1 O 1 P9 2' 0 0 10 20 40 20• BASIS OF &FARING - FOUND WOWAENTS AS SHOWN SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS AN IMPROVEMENT SURVEM PLAT w`TOPOGRAPH-' PERFORMED UNDER MY SUPERVISION ONSEPT. 22. !995. OF THE ABOVE DESCRIBED PARCEL OF LAND. THE LOCATION AND DIMENSIONS OF ALL. IMPROVEMENTS. EASEMENTS. RIGHTS -OF -WAY iN EVIDENCE OR KNOWN TO ME AND_fti,R?.ACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOW . CARMICHAEL SURVEYING. INC. BY: DATE: OCT 12. 1995 P.L. 4r.2 is CARMICHAEL SURVEYING INC. Sti+WMd SEPT , 1955 TRID IMPROVEMENT SURVEY JobNo Dr~ OCT., 1995 95-SG N° P.O. BOX 1367 CARBONDALE,COLORADO 91623 (303-963-0757) O W U a ¢ Z ° W O 0 V/ W Z W W y CC y a W 0 3 m Q W 0 m O ¢ Z J y W 0 3 O O a W i J1 0 0 CL17 IU r D 73 r 7 :J Z W (L^ V' 1�I so so �WC�L- -E�EF- f'L-PN o z� W o c a -- -- -�-i F Z 06 • • 04 0 52�� J �3ia 9,F N mao Wca� Qc co Ct ° 0a U N" ¢ Ny o� QL � m c uj M (D 0: y Q U 3L o TT U M V i Z U Q 0 W a U cr Z 0 W 0 Q U a W N N a w � 3 N Q W ~ 0 m 0 2 _Z J W 3 o 3.0 0 a w i KE O W � U cr Z o uj O Q U Z a W � � a w 0 3 N � W O m 0' cr _Z J W 0 o 0 a W -LIP PER L E V =LOo� L 00 00 I I I t 5vt1THcAST ,�C EV�T-ra�t_-- _ I I ! I I I I I i EP\S? ELEVAT:.Ot�l IM L VW I so�T ET 1 otJ 0 W 0 a U � Z ° W 0 Q 0 N Z W a W g y y a W �r 3 CC N' as W 0 in 0 cc Z m W 0 o c a W i r _- - � I / TYPT`� I � �y� � / II�.T'•T6 ai.. i5�� ` �` 1 TVP L I rlrrL w�p,,R►rx -- -- 8 Boa R9sf Is P rta -JL--- -� _ rn 1.L K J I kLAI I 0 W a U ir o Z J W 0 o U Z w W ti m a 3 0 N � W 0 Co 0 cr (n _Z W o 0 a LL 2 AUG 30 '95 10: J5AM ASFIEN HOUSING ('FC P. I le • MEMORANDUM TO: Bob Nevins, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE: August 30, 1990 RE: Weinberg Accessory Lhwiling Unit Conditional Use Review Parcel ID No. 2736-122-84-002 i$SUE: The applicant is requesting to build a studio Accessory Dwelling Unit (ADU) to be located in the lower level of a single-family residence. BA K R Uhl : The size of the accessory unit falls within the guidelines of the Code: Aoccasary dwell;ng units shall contain not less than three hundred (300) squarle feet of allowable floor area and not rncre than seven hundred gw) square feet of allowable floor area. The unit shall be deed restricted, mottling the housing authority's guidelines for resident occupied units and shad be limited to retrtal perlads of not less than sox (6) months in duct tion. ownem of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. The applicant stages that the unit is to be 311 square feet. The plans show that the unit is totally private from the principal residence, The only natural light going into the unit is from the north entrance. Staff recommends adding light wells on the east side to allow more natural light into the ADU. The kitchen must also be built to the following specifications: Kitchen - For Accessary Dwelling Units and Caretaker Dwelling Uni`.s, a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer. RECQMMENDATION: Staff recommends approval with the following conditions: the kitchen follows the definition stated above; 2. additional natural light be provided into the unit; 3. an accessory dwelling unit deed restriction is recorded prior to building permit approval (this form is provided by the Housing Office); and 4. the Housing Office inspects the unit prior to Certificate of Occupancy. Exhibit B MEMORANDUM To: Bob Nevins, Planner Thru: Nick Adeh, City 7A-61 From: Chuck Roth, Project Engineer eff- Date: September 16, 1996 Re: Weinberg Conditional Use Review for an Accessory Dwelling Unit (Parcel ID No. 2735-122-84-002 ) Having reviewed the above referenced application, the Engineering Department has the following comments: 1. Previous Land Use Approvals - Note that there are previous approvals in Ordinance No. 17 (Series of 1994), copy attached, that pertain to this parcel. 2. Access and Driveway - The driveway as shown is not located within the platted, driveway easement. The driveway must be relocated, or the easement needs to be modified. The driveable surface of the driveway must be a minimum of 14 feet wide to meet the Fire Marshall's criteria. Drainage from the driveway must be kept on site and not conveyed to Meadows Road as increased runoff. 3. Parking - The building permit drawings must designate the ADU parking space. There is no on street parking on Meadows Road. 4. Site Drainage - One of the infrastructure systems that is incapable of handling additional loads is the City storm sewer and storm runoff system. As provided for in Ordinance No. 17 (1994), which approved the lot split, and with clarifications and current standards, the building permit application must include a drainage report and a drainage plan that is signed and stamped by a registered engineer in the State of Colorado. 5. Utilities - Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. The building permit drawings must indicate all utility meter locations. 6. Sidewalk, Curb and Gutter - The property fronts on Meadows Road. There is a trail in place, and the road was recently re -built. It is not required at this time for the applicant to construct sidewalk, curb and gutter, however the applicant should be required to provide a signed sidewalk, curb and gutter construction agreement and recording fees prior to issuance of a building permit in the event that such improvements are deemed necessary in the future. 7. Survey Monument Boundary Corners - These must be set at all parcel corners prior to issuance of a certificate of occupancy. 8. Trails - Note that the City needs a trail segment here at the back of the lot to complete pedestrian access through Sneaky Lane to the trail on the City owned Meadows Property. 9. Work in the Public Right-of-wa - - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: M96.245 The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights -of -way, parks department (920-5120) for vegetation species, and streets department (920-5130) for street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the city community development department. 2 ORDINANCE NO. /--7-- (SERIES OF 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION EXZ4PTION AND GXQs EXEMPTION FOR A LOT SPLIT FOR 795 MEADOWS ROAD, LOTS 3 i 4 AND THE NORTHWEST 1/4 ALL IN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE GTH PM, ASPEN COLORADO WHEREAS, pursuant to Sections 24-7-1003 and 24-8-104 C., of thf Municipal Code, a lot split is a subdivision exemption and GMQS exemption reviewed by City Council; and WHEREAS, the applicants, James and Florence Adams, have requested to split their 35,305 square foot parcel to create a second residential parcel; and WHEREAS, the Planning Department has reviewed the application and recommends approval of the lot split with conditicns; and WHEREAS, the Aspen City Council has reviewed and considered the subdivision exemption and GMQS exemption under the applicable provisions of the Municipal Code as identified herein, has reviewed and. considered those recommendations made by the Planning Department and has taken and considered public comment at public healing; and WHEREAS, the City Council finds that the lot split, with conditions, meets or exceed's all applicable development standards; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as f0110vs: pq tion 1 • Pursuant to Sections 24-7-1003 and 24-8-104 C. of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the subdivision exemption and GMQS exemption: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval. 2. The subdivision exemption is consistent with the purposes of subdivision which is to assist in the orderly and efficient development of the city and safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser. Section 2• Pursuant to the findings set forth in Section 1 above, the City Council does hereby grant a subdivision exemption and GMQS exemption for 795 Meadows Road with the following conditions: 1. All material representations made by the applicant in the application and during public meetings with the Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. The subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Engineering and Planning Departments and shall be filed within 180 days of final approval or subdivision approval is void. 3. The final plat shall meet the requirements of Section 24-7- 1004 of the Municipal Code and shall include the following: a. The surveyor's certificate or a note on the drawing must state that all easements of record as indicated on Title Policy No. , dated have been shown. b. Two corners of the existing parcel are not indicated as being monumented. The corners need to be monumented prior to final plat approval. The interior monuments are required to be set within one year of the sale of either lot. c. The surveyor's certificate or a note on the plat needs to state that the survey closes to 1:10,000. d. Adjacent, subdivided lots are required to be labeled on the plat. e. Area of the property to the nearest 0.001 acre and the zone district. t. The final plat needs to show irrigation and drainage ditches that are located between the applicant's property line and the centerline of the Meadows Road right-of-way. 2 g. Language stating that prior to the issuance of any t,)iAjJding permits for development on the newly created parcel, the sideyard setback variations shall be eliminated and ,levelopment on the new parcel shall adhere to the dimensional requirements of the R-15 zone district. In addition, the existing home shall be either demolished or relocated to conform with the sideyard setback requirements of the R-15 zone district. 4. Prior, to final plat approvals, the applicant shall enter into an agreement to construct a sidewalk, curb and gutter if required by the City in the future. 5. prior to the issuance of any building permits the proposed deg++i.opment or redevelopment of the property shall meet the storm runoff requirements of Section 24-7-1004.C.4.f. This would provide for only historic storm runoff to be permitted to leave the site. 6. Any new surface utility needs for pedestals or other facilities shall be installed on an easement provided by the applicant and not in the public right-of-way. 7. The applicant shall agree to join any future improvements districts for improvements to be constructed in the public right- of-way. 8. The applicant shall consult city engineering for design considerations of development within public rights -of -way, parks department for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights - of ­fia.y from city streets department. Approval of building permit plans does not constitute approval of de- ttn or work in the public right-of-way. 9. prior to the issuance of any building permits, an accessory dwelling unit shall be reviewed for the newly created parcel and any development on the original parcel must comply with employee ho,, .ng mitigation standards set forth in Section 24-8-104 (A'{±)(c) of the Municipal Code. 8e.-A '.on 3 : If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such hoItling shall not affect the validity of the remaining portions thereof. 3 Section 4• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5• A public hearing on the Ordinance shall be held on theo� day of /;'g 1994 at 5:Oo P.M. in the City Council Chambers, Aspen City Hal Aspen Colorado, fifteen ( 15) da s public notice of the same shallbepublished one in aprior tich ne spapergof general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the ) S day of 1994. ATTEST? Kathryn �0,,, Each, Citp Clerk John Sennett, Mayor FINALLY, adopted, passed and approved this day of ��71 1994. ATTEST: Eathz,yn s. och, Citp Clark John Bennett, Mayor 4 PUBLIC NOTICE RE: WEINBERG CONDITIONAL, USE FOR ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tv esday, September 17, 1996 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Jay Weinberg, requesting conditional use review approval for a 311 square foot studio A.DU to be located on the lower level of the residence with one exterior entrance. The property is located at Lot'-7 Westview, 705 Meadows Road, and is described as Lots 1 and 2 Westview Lot Split. For further information, contact Bob Nevins at the A.spen/Pitkin Community Development Department, 130 S. Galena St., Aspen, C0 (970) 920-5102. s/Sara Garton. Chair Aspen Planning and Zoning Commission • MEMORANDUM TO: City Engineering Housing Office Parks Department FROM: Bob Nevins, City Planner THRU: Dave Michaelson, Deputy Director RE: Weinberg Accessory Dwelling Unit -Conditional Use Parcel ID No.: 2735-122-84-002 Project Review Schedule Community Development has received a conditional use application for an accessory dwelling unit (ADU) at Lot 2 Westview, Meadows Road, City of Aspen. The following schedule has been established for the review of this application: August 29 Design Review Committee (DRC) Meeting September 5 Referral and DRC Memos (Draft) to Bob Nevins September 10 Referral and DRC Memos (Final) to Bob Nevins September 11 Community Development Memorandum (Final) September 12 Aspen Planning and Zoning Packets (Distribution) September 18 Aspen Planning and Zoning Special Meeting (Public Hearing) Please contact me at Ext. 5102 or by CEO if you have any questions regarding this application or review schedule.