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HomeMy WebLinkAboutLand Use Case.CU.117 Neale Ave.A89-96„z 2737-073-53-002 A89-96 Shoaf's Cabin Conditional Use App. gz>x c v—or,� CI U CAS )AD SUMMARY SHEET - CITY ( SPEN DATE RECEIVED: 11/13/96 CASE # A89-96 DATE COMPLETE: STAFF: Bob Nevins PARCEL ID # 2737-073-53-002 PROJECT NAME: Shoaf s Cabin Conditional Use Application Project Address: Lot #2, Shoaf s Waterfall Subdivision APPLICANT: Jeff Shoaf Address/Phone: P.O. Box 3123 Aspen 925-4501 REPRESENTATIVE: same Address/Phone: RESPONSIBLE PARTY: Applicant Other Name/Address: FEES DUE FEES RECEIVED PLANNING $450 PLANNING $450 # APPS RECEIVED 1 ENGINEER $0 ENGINEER $ # PLATS RECEIVED 12 HOUSING $0 HOUSING $ GIS DISK RECEIVED: ENV HEALTH $0 ENV HEALTH $ CLERK $0 CLERK $ TYPE OF APPLICATION TOTAL $450 TOTAL RCVD $450 Staff Approve- OW S1 Co"Ol f 10 N/fY t/ S 6 -AN IBC �'IC t{ UtfU �' ,ticCuu�;, vAlc l U��Ulll, Imal llqf, . CC • reading ■ ■ • Igo 2:3amnR`>A ❑ City Attorney (City Engineer ❑ Zoning Housing ❑ Environmental Health Parks DATE REFERRED: ('G ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: INITIALS: 1 APPROVAL: OrdinancAesolutio* # Staff Approves'" Plat Recorded: CLOSED/FILED DATE: INITIALS: ROUTE TO: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District Q Other: 4 f ci P F—Ft ?-* A.., /7 — 0— CNO DATE DUE:6 Date: Date: Book Page RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE AND VARIANCE FOR A DETACHED ACCESSORY DWELLING UNIT AT THE SHOAF RESIDENCE, LOT 2, SHOAF'S WATERFALL SUBDIVISION, 117 NEALE AVENUE, CITY OF ASPEN Resolution 96-30 WHEREAS, the Community Development Department received an application from Jeffrey Shoaf, owner, for a Conditional Use and Variance for the relocation and remodeling of a historic cabin into a voluntary, detached one -bedroom Accessory Dwelling Unit containing approximately 700 sf; and 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 Planning and Zoning Commission may vary the dimensional requirements of the underlying zone district for an Accessory Dwelling Unit in accordance with Section 26.40.090(B)(2); and WHEREAS, pursuant to Section 26.58.040(F)(1), a FAR Bonus equal to fifty (50) per cent of the Accessory Dwelling Unit floor area (up to a maximum of 350 sf) shall be granted if the ADU is separated from a principal structure by a distance of no less than ten (10) feet, with a maximum footprint of four hundred fifty (450) square feet; and WHEREAS, the Housing Office, City Engineering, Historic Preservation Committee and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on December 17, 1996, the Planning and Zoning Commission approved by a 6-0 vote the Conditional Use and Variance for the Shoaf detached Accessory Dwelling Unit with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use and Variance for a detached, one -bedroom Accessory Dwelling Unit containing approximately 700 sf to be relocated onto the Shoaf property at 117 Neale Avenue 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 700 sf as shown on the plans; b. 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; c. comply with Part III, Section 7, Deed Restricting Existing Dwelling Units of the Aspen/Pitkin County Affordable Housing Guidelines (see Exhibit B, Housing Office Memorandum); d. 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; f. submit a current site improvement survey with the building permit application. The survey shall reference a current title policy to ensure documentation of easements; g. connect to City water in accordance with City and State statute if the residence is not presently being served by the City Water Department and the domestic well shall be abandoned; h. provide one, off-street parking space on -site for the ADU that shall be shown on the final improvement plans. Existing parking spaces that meet Code requirements shall also be shown on building permit drawings and the maximum curb -cut and driveway width shall be eighteen feet; show a trash containment area on final development plans. All utility meters and any new utility pedestals must be installed on the applicant's property and not located in the public rights -of -way. Easements shall be provided for pedestals. All utility meter locations must be indicated on the building permit drawings. Meter locations shall be accessible for reading and may not be obstructed by trash storage; The applicant may consider separate water service, meter and wastewater service lines for the ADU; j. submit a drainage mitigation plan signed and stamped by an engineer in the state of Colorado as part of the building permit application. The site development shall meet the runoff design standards of Section 26.88.040(C)(4)(f); 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. A signed and notarized agreement with recording fees shall be provided prior to final building inspection; 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. 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. install sidewalk, curb and gutter along Neale Avenue. A boulder and utility pedestal may have to be removed or relocated. If necessary, it is preferable to have the applicant relocate the pedestal on private property within an easement. The sidewalk may be routed around the boulder or pedestal if an easement is provided by the applicant on their property; c. permit Community Development Department and Housing Office staff to inspect the property to determine compliance with the conditions of approval. d. relocate the existing fence along Neale Avenue onto private property if it is within the public right-of-way. To enhance the neighborhood character and ambiance, the fence shall be lowered, relocated and/or removed in such a manner that the historic cabin shall be readily visible from Neale Avenue. 3. A FAR Bonus equal to fifty (50) per cent of the Accessory Dwelling Unit floor area (up to a maximum of 350 sf) shall be granted if the ADU is separated from a principal structure by a distance of no less than ten (10) feet, and it has a maximum footprint of four hundred fifty (450) square feet or the ADU is deed restricted to occupancy pursuant to Ordinance 38-96. 4. Planning and Zoning Commission hereby grant a variance of the front yard setback from twenty-five (25) feet to ten (10) feet for the location of the historic cabin, Accessory Dwelling Unit only. The front yard setback for the primary residence shall be twenty-five (25) feet in the R-15 zone district as per City Code. 5. 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; and c. City Streets Department (920-5130) for any work or development, including landscaping, within public rights -of -way. 6. 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 December 10, 1996. Attest: 0jackie Lothian, Deputy City Clerk Planning and Zoning Commission: Sara Garton, Chairperson PUBLIC NOTICE RE: SHOAF CONDITIONAL USE FOR ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 17, 1996 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Jeffrey Shoaf, requesting conditional use review approval for an ADU. The proposed ADU is a relocated and remodeled 700 square foot cabin detached from the existing single-family residence. The property is located at 117 North Neale Avenue, and is described as Lot 2, Shoaf's Waterfall. For fiuther information, contact Bob Nevins at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102. s/Sara Garton, Chair Aspen Planning and Zoning Commission T jtpf -jh�f UI2C, rJ4 r11., L_J T- T ,T i 7 i t Tip Ti _. . _ . , �• ��,,..�__-..` �- *� ` • 1 , r�r - _L_4.G�/ ISO -ESN I lum Tr r'I II II aao I II If _ I L--J=� - .I ------ II I I - - - -T- --� L_J __________________________- VNE5' ELEVATION To R ur i. �I � _ V f q) 1' `T .7 •. MAIN 1 I I I I I I I r1---- r----------------T L_____—_________________J. . NORTH ELEVATION - 1 I I I I 1 rL----------------------1� L—___.__---_------_-----_-----J SOUTH ELEVATION I I I I I II I I II 1 II I I II I I Ii t I II rL--------------------------I-I L_-___---_-__-______-_____-__J L_J EAST ELEVATION Itiut I?e-'te /e"r 6HOAr=15 CABIN III NE -AL 37. P-OACT 5HOAF'5 CA51N yAZl DESCRIPTION CABIN ELEVATIONS M.N.2, 14.V-0• A2 AV I T- 1 0 ! 10 20 30 40 so SCALE: P' - 10' BASIS OF BEARING: USC Il GS ASPEN TO ASPEN AZIMUTH TITLE POLICY BY PITKIN COUNTY TITLE POLICY No. PCT-3442C2 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE UNDER MY SUPERVISION ON MAY 30TH,1969 OF LOT 2, SHOAF'S WATERFALL SUBDIVISION, CITY OF ASPEN, COLORADO. THE ONE STORY HOUSE WAS FOUND TO BE LOCATED ENTIRELY WITHIN THE BOUNDARY LINES OF THE THE ABOVE DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACH- MENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. f� ALPINE SURVEYS, INC. BY DANIEL F McKEN21E JUNE 5TH, 1989 LS 20151 I HEREBY CERTIFY ci,A7:"J '10:'E:19 E4 IT 1991 ' VISUAL INSPECTION WAS M,4DE 'J Er. :'.v SC?ERV1313N OF THE ABOVE 7E SCRIBED PROPERTY. NO CHANGES WERE FOUND EXCEPT AS SHOWN. ALPINE SURVEYS, INC. BY NOVEMBER 4TH, 1931 LE r r✓15 F.F. v :-,c .:9r c:: iTIF' ' GV * t i irth� aE¢E I I V c •WERE 0Ut4D `XCE?' - - - - --- E��i=z, . U.b. DRA55 CAP --Off" 114 COKJ,,,F<= SEGTrN 7, 7105, Kt.., ;✓, ivTH �1. Alpine Surveys, Inc. Post Office Box 1730 Aspen, Colorado 8)612 303 925 2688 Surveyed 30 MAY 1989 Revisions 4 NOV. 1991 UPDATE Title Drafted 2 JUNE 1969 13 A-r-L6T 199Ce QUITCLAIM FA-eUl- 4 SHOAF'.S a-aAt.I,E "%.ol" To'(,s.7G° WATERFALL SUBI). 10 5EPT 9G Uf:17ATE Jab No 89-78--' client SHOAF -----------, I 1 I r— — — — — —i IL---------------i ---------- IL — — — — — — — — — — — — — — — I 1 f I I I I r — — — — — — — i I I 1 I I 1 I I El I I I I 11 I I 11 I 1 1 I I 1 1 I I I I I I I I 1 I I I I I 1 I I I i — — — — -----J I I I I L----------------------J I I I I L— — — — — — — — — — — — — — — — — — — — — — — — — — —'J FOUNDATION PLAN MAIN LEVEL 5175.4 5.' ,. LOWER LEVEL 525.6 SP. TOTAL F.A.R. • 6?9.0 5 F. ALOWABLF =.A.R. a 110 7; J 5— - ROOF PLAN MAIN LEV=L FLOOR PLAN C] SHOAls'S CABIN II'I NEAL 5T. ASPEN.COLORAJO FRWECT 5HOAF'5 CABIN s- �-cs CA6I` F.A., SHEET \^\\\ TI�1 I Il� 0�1�011T�0 I _nVvER LE`/EL FLOOR PLAN MEMORANDUM TO: City Engineering Housing Office Parks Department FROM: Bob Nevins, City Planner DATE: November 22, 1996 RE: Shoaf's Cabin Accessory Dwelling Unit - Conditional Use Parcel No. 2737-073-53-002 Project Review Schedule Community Development has received a conditional use application for an Accessory Dwelling Unit (ADU) at 117 North Neale Avenue, City of Aspen. The proposed ADU is a relocated and remodeled cabin detached from the existing single-family residence. The following schedule has been established for the review of this application: November 25 (Mon.) Review with Engineering / Referral Distribution December 5 (Thurs.) Referral and DRC Memos (Draft) to Bob Nevins December I 1 (Wed.) Referral and DRC Memos (Final) to Bob Nevins December 12 (Thurs.) Community Development Memorandum (Final) December 12 (Thurs.) Aspen Planning and Zoning Packets (Distribution) December 17 (Tues.) Aspen Planning and Zoning Meeting (Public Hearing) Please contact me at Ext. 5102 or by CEO if you have any questions regarding this application or review schedule. MEMORANDUM TO: Planning Staff John Ely, County Attorney Susan Murphy, County Administration John Worcester, City Attorney Kathryn Koch, City Clerk FROM: Rhonda Harris, Community Development Department RE: Work Schedule -Memos Due Week of December 2, 1996 12/16 - CITY COUNCIL Commercial Lodge Text Amendment, 1 st Reading, Suzanne Wolff 12/17 - GROWTH MANAGEMENT COMMISSION (5:00) Stage 3 Metro Area Residential GMQS Scoring, Suzanne Wolff 12/17 - ASPEN PLANNING & ZONING Valerio/Johnson 8040 Greenline Review & Cond. Use Review, Suzanne Wolff (cont. from 11/5) Stage 3 Special Review and Subdivision, Suzanne Wolff Shoaf Conditional Use for ADU, Bob Nevins LP Zone District Rezonings, Mary Lackner GMQS Deadline Text Amendment, Mary Lackner 12/18 - BOARD OF COUNTY COMMISSIONERS Greenway 1041 Hazard Review, Ellen Sassano Rayburn Lot Line Adjustment, Subdivision, Rezoning & 1041, lst Reading, Francis Krizmanich Red Butte Ranch Parcel 1 Subdivision Conceptual Review for Density Reduction Lot Split (GMQS Exemption) & 1041, 1st Reading, Ellen Sassano Adoption of New Pitkin County Zoning Maps, 2nd Reading, Lance Clarke AH Overlay Code Amendment, 2nd Reading, Lance Clarke Polo International Temporary Use Permit, Lance Clarke Braver Caretaker Dwelling Unit, Francis Krizmanich (cont. from 10/9) Bean Extension of Vested Rights, Francis Krizmanich (cont. from 10/9) BOCC RESOLUTIONS/ORDINANCES OUTSTANDING: Cozy Point - 6/12/96 (FK) Larsen - 7/10/96 (ES) Burke - 9/25/96 (ES) N40 - 10/23/96 (RM) Braun - 11/20/96 (RM) CITY P&Z RESOLUTIONS OUTSTANDING: F-filwo- MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Bob Nevins, City Planner THRU: Mary Lackner, Acting Deputy Director Mj_ RE: Shoaf Accessory Dwelling Unit Conditional Use Review - Public Hearing 117 Neale Avenue, Lot 2 of Shoaf's Waterfall Subdivision Parcel ID No. 2737-073-53-002 DATE: December 17, 1996 SUMMARY: The applicant proposes to relocate and remodel a historic log cabin as a voluntary 700 sf Accessory Dwelling Unit (ADU). The detached one -bedroom ADU is to be located along Neale Avenue in close proximity to other historically designated properties. The applicant also requests a variance in the required front yard setback for the ADU cabin. Since it is an above grade unit, up to a maximum of 350 sf of allowable floor area may be exempt from floor area ratio (FAR) calculations if it is deed restricted to occupancy pursuant to Ordinance 38-96. Community Development staff recommends that the conditional use and the variance of front yard setback from twenty-five feet to ten feet for a detached Accessory Dwelling Unit cabin at 117 North Neale Street, City of Aspen be approved with conditions. The Conditional Use Application is attached as Exhibit A; referral comments as Exhibit B; and HPC Memorandum as Exhibit C. APPLICANT: Mr. Jeffery Shoaf LOCATION: 117 Neale Avenue, Lot 2 of Shoaf's Waterfall Subdivision, City of Aspen ZONING: Moderate -Density Residential (R-15) LAND USE: Detached, single-family residence LOT AREA: 15,771.7 sf ALLOWABLE FAR: 4,295 sf APPLICANT'S REQUEST: To relocate, remodel and convert an historic cabin it into a voluntary, detached 700 sf one -bedroom Accessory Dwelling Unit (ADU). The applicant also requests a variance of the required front yard setbac for the ADU. ze, +1 ! a' 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. The Commission may also grant variances from the dimensional requirements of the underlying zone district pursuant to Section 26.40.090(B)(2). BACKGROUND: There currently exists a 3,200 sf detached, single-family residence containing five bedrooms on a 15,771 sf lot at 117 Neale Avenue. In the Fall of 1996, the applicant acquired an historic cabin which Fritz Benedict had disassembled and moved from Snowmass to property he owned near Stillwater Drive. Mr. Shoaf is requesting approval to relocate the cabin onto his Neale Avenue lot and remodel it into a voluntary Accessory Dwelling Unit. The proposed ADU is a 760 sf one -bedroom detached log cabin with a kitchen and full - bath. It is entirely self-contained with excellent accessibility to natural light, air and views. An uncovered, off-street parking space is provided along the existing driveway. The Historic Preservation Committee (HPC) reviewed the project as a referral body on December 11, 1996. HPC voted 7-0 to support the relocation, remodel and reuse of the historic cabin as presented by the applicant. REFERRAL COMMENTS: Attached as Exhibit B are the comments from the City Engineer and Housing Office. The HPC background memo is included as Exhibit C. 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; 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; 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; 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; E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; 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: Staff finds that the applicant's proposal meets or exceeds Conditional Use Standards A-F. RECOMMENDATION: Community Development staff recommends that the conditional use and front yard setback variance for the proposed Accessory Dwelling Unit (ADU), a detached cabin, at 117 Neale Avenue 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 700 sf as shown on the plans; b. 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; c. comply with Part III, Section 7, Deed Restricting Existing Dwelling Units of the Aspen/Pitkin County Affordable Housing Guidelines (see Exhibit B, Housing Office Memorandum); d. 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; f. submit a current site improvement survey with the building permit application. The survey shall reference a current title policy to ensure documentation of easements; g. connect to City water in accordance with City and State statute if the residence is not presently being served by the City Water Department and the domestic well shall be abandoned; «— h. provide one, off-street parking space on -site for the ADU that shall be shown on the final improvement plans. Existing parking spaces that meet Code requirements shall also be shown on building permit drawings and the maximum curb -cut and driveway width shall be eighteen feet; i. show a trash containment area on final development plans. All utility meters and any new utility pedestals must be installed on the applicant's property and not located in the public rights -of -way. Easements shall be provided for pedestals. All utility meter locations must be indicated on the building permit drawings. Meter locations shall be accessible for reading and may not be obstructed by trash storage; The applicant maY consider separates wvater service, _miter and_ater service lines for the ADU; j. submit a drainage mitigation plan signed and stamped by an engineer in the state of Colorado as part of the building permit application. The site development shall meet the runoff design standards of Section 26.88.040(C)(4)(f); 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. A signed and notarized agreement with recording fees shall be provided prior to final building inspection; 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. -- 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. i�.stall sidewalk curb and gutter along Neale Avenue. A boulder and utility pedestal may have to be removed or relocated. If necessary, it is preferable to have the applicant relocate the pedestal on private property within an easement. The sidewalk may be routed around the boulder or pedestal if an easement is provided by the applicant on their property; c. Community Development Department and Housing Office staff shall inspect the property to determine compliance with the conditions of approval. •— d, relo e the existin fence alon eale Avenue onto rivate property if it is within the public right-of-wa�To enhan�the�nremovecdin or ood haracter and ambiance, the fence shall be lowere ,relosuch a manner that the historic whin shall be rendily isible from Neale Avenue. 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; and c. City Streets Department (920-5130) for any work or development, including landscaping, within public rights -of -way. -- 4. t1anning and Zoning Commission shall grant a variance of the front yard setback from twenty-five feet to tan fe Accessory Dwelling -Unit only. The front ya:,� setback fnr the Primary residence shall be twenty-five feet as per City Code. 5. 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. �51%- A „ P RECOMMENDED MOTION: "I move to approve the conditional use and variance of the front yard setback from twenty-five feet to ten feet for the Accessory Dwelling Unit cabin located at 117 Neale Avenue, with the conditions set forth in the Community Development Department memorandum dated December 17, 1996." EXHIBITS: (4 _ 0 yeep , "A" - Conditional Use Application "B" - Referral Comments "C" - Historic Preservation Committee Memorandum M 40#-- 5 M'r.•naerr z LArm USE APP C?=CV FORM _'roj ect Namc appropriate) 3) Presesit Zoning . 5) Applicant's Name, Address & Phone # Size eSC� + h cl� l - � 7) Zype of ApPlication (Please cIwk all that apply) Conditional Use Oanx)qbual SPA Cxceptual Historic Dev- Special Review Final SPA Final Historic Dev- 8040 Greenline Coroeptual PUD Minor Historic Dev- Stream Margin Final PUD Historic Demolition Mmmtain View Plane Subdivision Historic Designation dondominitmii nation" Text /74a� Amendment CAS Allotment Lot Spli ./L t Line Q'� cn - Adjustment 8) Desc siphon of Existing Uses (number and type of e}asti.ng stxllctuues; approximate sq- ft_ ; n ni er of bedrooms; any previous royals granted to the -..00, P" 'L ., V 0 t �'4 �) 4 ( �-X , — -> 'A 9) 10) Response to Attact=ent 2, Minimum Sub fission Oontcnts V Response to Attachment 3, Spec. f isg its i pion Dontc my T_]� Ruse to Att ct m nt 4, Review Standards for: Your Application a 3 7- 07 3 3 -06 D, Exhibit A JEFFREY S. SHOAF Post Office Box 3123 Aspen, Colorado 81612 (970) 925-4501 August 13, 1996 Planning & Zoning Commission City of Aspen Aspen, Colorado When considering a development application for a conditional use, the commission shall consider whether all of the following standards are met, as applicable: 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. Answer: Yes. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the R-15 zone district in which it is proposed to be located except the front yard setback, which I address below at letter "F". 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. Answer: Yes. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses. It enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development by bringing into the neighborhood a beautifully restored, historically significant cabin that has been a part of the Roaring Fork Valley's history. I am also proposing to create an accessory dwelling unit/employee housing unit with the subject cabin. The existing neighborhood is an eclectically mixed combination of single-family, duplexes, affordable housing units, and other ADU's. 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. -1- Answer: Yes. The location, size, design and operating characteristics of the proposed conditional uses does minimize the adverse affects listed. In fact, the smaller scale of the proposed cabin (less than 400 square feet of living area above grade) will be a nice addition to the neighborhood in contrast to all new development which is typically built to the maximum height, square footage and volume allowed by zoning. Additionally, the location of the proposed cabin site is within easy walking distance to downtown Aspen and/or the public transportation system. I do proposed to dedicate one off- street parking space for the cabin, but hope to rent it to someone who does not own a car. 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. Answer: Yes. There are adequate public facilities and services to serve the conditional use requested. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Answer: The applicant is voluntarily proposing one -hundred percent (100%) of the subject cabin to be used as affordable housing and, at the same time, is saving an historically significant structure. F. 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 title. Answer: The applicant is asking for a variance on the R-15 front yard setback of thirty feet as the applicant's request herein is to have a ten -foot front yard setback. This would place the cabin itself seventeen feet from the Neal Street corridor front yard property line because a seven -foot deep porch is proposed between the cabin and the herein requested ten -foot setback. Please see the attached survey for full details. Please bare in mind that there will be about 350 square feet of living area above grade with the balance of the living area square footage below grade, creating no visual impact on the Neal Street corridor. The review standards for a detached accessory dwelling unit are as follows: 1. The proposed development is compatible and subordinate in character with the primary residence located on the parcel and with development located within the neighborhood. Answer: Yes. The proposed development is compatible and clearly subordinate in character with the primary residence located on the parcel (700 square feet of living area proposed versus 3350± square feet of the existing improvements). -2- 2. Where the proposed development varies from the dimensional requirements of the underlying zone district, the planning and zoning commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be varied.• a. Minimum front and rear yard setbacks; b. Minimum distance between buildings on the lot; C. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units; d. The side yard setback shall be a minimum of three (3) feet; e. the maximum height limits for detached accessory dwelling units in the R-6 zone district may be varied on the rear one-third (113) of the parcel; however, the maximum height of the structure shall not exceed sixteen (16) feet. On Landmark Designated Parcels and within an Historic Overlay District, the HPC shall have the ability to make such height variations; f Maximum allowable site coverage may be varied up to maximum of five (S) percent, on Landmark Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site coverage variations; g. In the case where the proposed detached accessory dwelling unit is located on a Landmark Designated Parcel or within an Historic Overlay District only HPC shall may make dimensional variations pursuant to the standards of Section 26.40.070(B). Answer: Other than my request herein to receive a variance on the R-15 zone front yard setback (from 30' to 10'), the balance of this question is not applicable as I will be in full compliance. Should you have any additional questions or if I can be of any further assistance, please call me at your earliest convenience. I thank you for your time and consideration in these matters. Sincerely, Jeffrey S. Shoaf Jss:a2z - 3 - 6-1 J-1 � � ttl _ J 1 AM F KUM PAPER C:HAb1-_/PAG'17_5 9 /U:3b_ki /Uf6 Alpine Surveys, Inc. Post Office Box 1730 Aspen, Colorado 81612 970 925 2688 -- August 12, 1996 To: Jeff Shoaf Tel & Fax: 925-4501 FROM: Jim Breasted - Alpine Surveys, Inc. Tel: 963-1853 Fax: 963-8700 W o Paper Chase) RE: Job No. 89-78 Shoaf This is to transmit results of a slope analysis of Lot 2, Shoaf's Waterfall Subdivision and of an adjacent metes And bounds parcel, as follows: SLOPE PERCENTAGE OF LAND 08 - 20% 76.1% _ 20% - 30% 0. 9% 30% + 23.0% 100.0% LOT 2 . . . . . . . . . . 14,986.1 Square feet ADJACENT PARCEL . . . . . 785.6 " " TOTAL 15,771.7 Square feet 1,06 35- 5 P_ 1 S_/ C__V I,_, S; CS- 1 3- 1 Jib W = 3 I AM t-KUM WANtK UHASt/PAUL' 5 P_ 1 Alpine Surveys, Inc. Post Office Box 1730 Aspen, Colorado 81612 970 925 2688 - August 12, 1996 TO: Jeff Shoaf Tel & Fax: 925-4501 FROM: Jim Breasted - Alpine Surveys, Inn. Tel: 963-1853 Fax: 963-8700 (c/o Paper Chase) RE: Job No. 89-78 Shoaf This is to transmit results of a slope analysis of Lot 2, Shoaf's Waterfall Subdivision and of an adjacent metes And bounds parcel, as follows: SLOPE PERCENTAGE OF LAND 00 - 20% 76.1% 20% - 30% 0.9% 30% + 23.0% 100.0% LOT 2 • . . . . . . . . . 14,986.1 Square feet ADJACENT PARCEL . . . . . 785.6 " TOTAL 15,771.7 Square feet $U bDI VISION tS WA Tj (DAD) SUB NO. DDRESS J / 7 RESIDENTIAL PROPERTY APPRAISAL RECORD ��7 � �-f _ (ABA) SCHEDULE NO. QLQZ,. (DAI) MAP NO. (DAF) TAX AREA l _ RLIJ (AAA) PARCEL NO. 737 - .3r S 3 - 00 2 (VACI (VAD) (DAB) SEC TWP RANGE I T BLOCK LOT(S) SEC �DAJ) NEIGHBORHO (BAA) 'iNERS NAME AM (CAC) MAILING ADDRESS (VAE) LEGAL DESCRIPTION =Y S DATE (GBE) SIZE r I LAND VALUE CALCULATIONS BASE UNIT SALES ADJUSTMENT FACTORS VALUE 1 1 l A I I I I I ADJ. BASE TOTAL mpouw UNIT VALUE LAND VA UE CT---i CORRELATION COST APPROACH 1 � MARKET APPROACH $ ^ _, FINAL ESTIMATE V OF VALUE i S � j C"C"G ACTUAL VALUE % A I..6�g4- ASSESSED VALUE _ YEAR LAND) jMPs.kTOTAL LAND IMPS. .� TOTAL COST APPROACH DATE REPLACEMENT COST NEW AREA FACTOR (HAM) ADJ. RCN DEPRECIATION (RAN) RCNLD LAND VALUE �TOTAL VALUE c P Y . FU - ) J I MARKET APPROACH REMARKS SALES REFERENCE NAME/NO. IND. VALUE Per SO. FT. ADJUSTMENTS ADJ. VALUE P., SO. FT. SUBJECT Sq. Ft. Are• SUBJECT INDIC VALUE �O . 4 r .6;C85 B-799 P 660 11/ i 01:18P PG t OF C REC F.NI .SILVIA DAVIS PTTVIN NTY CLERK. R RECORDER 16.00 0.00 QUIT CLAIM DEED DARLENE DE SEDLE VARE and EDWIN C. VA RE (Grantors), whose address is do Darlene de Sedle Vare, 833 Ocean Ave., No. 103, Santa Monica, CA 90403, for the consideration of Ten and No1]00 Dollars (S10.00) and other good and valuable consideration, in hand paid, hereby quitclaims to JEFFREY SHOAF (Grantee), whose address is 113 Neal Ave., Aspen, CO 81611 , the following described real property situated in Pitkin County, Colorado, depicted on Exhibits A (legal description) and B (map of subject property), attached hereto as a part hereof, and Grantee hereby accepts such conveyance in full settlement of all property line disputes related to the adjacent properties of the parties hereto.. Signed this day of�4 1995. 50m,�e die Sedle Vare t Vare Jeffrey Toaf STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE } The foregoing instrument was acknowledged before me this ]Q day of ��1�11� 1995, by Darlene de Sedle. Witness my hand and official seal. —� My commission expires: Public Address'. 411,"Iwnm STATE OF CONNECTICUT)sSCOUNTY OF �%� t J � } . E�Tw AMy 16. 1797 strument was acknowledged before me this day of 199S, :Hess my hand and official seal. J expires q o vr� N- Notary Publi UPIOLYN & HORRIM, Address: NOTARY PUBLIC COMM. EXPIRES 5131199 STATE OF COLORADO } }ss COUNTY OF PITKIN } The foregoing instrument was acknowledged before me this da 1995, by Jcffrey Shoaf. Witness my hand and official seal. My commission expires: AMMCIA POUTOU15 MY CoON EXPIRES otary Public O '. 11ism Address: o*` 'F•' : 1 8P ;'G 2 OF EXHIBIT A - Vares to Shoaf Quit Claim Deed Alpine Surveys, Inc. post 0111ce Box 1730 Aspen, Colorado 81612 303 55 229 688 Job No. 99-78-3 Shoal September 20, 1994 D1sSCRIPTION OF LAND FOR UIET TITLE �, TOWNSIIIP MOREOUfli, A TTfETOF LAND SOUTHWESTSQUARTER OF SECTIONTIIEAS'1 QUARTER Or WEST OF THE SIXT[1 PRINCIPAL MERIDIAN, RANGE 84 PARTICULARLY DESCRIBED AS FOLLOW SIIOAF'S WATERFALL SUBDIVISION AS AMENDED, CITY OF ASPEN, BEGINNING AT THE NORTHEAST CORNER CI LOT E 597. 8 FEET; WHENCE THE SODUT8 QUARTER CORNER OI' SAID�SECTION , A BRASS CAP' BEARS THE NOR'fIIERLY BOUNDARY OF SAID LOT 2 TilENCE ALONG AND DISTANCES! THE FOLLOWING COURSE4 FEET, „ �{(( N 63'42'00 W h�48 EET, S 31°05'00�. W 3.55 ET, N 6 3° 4 2 00 W �,7EGT TO T1(E NORTHERNMOST W 36. C0RNER20F0SAID LOT 2%� 18" E 10.41�rrrT ALONG TIIE NOR'Ll1EASTERLY Tl1ENCE N 20°55' WESTERLY LINE OF SAID I,OT 2 THE EXTENSION OF WITH A WOOD rENCE; TO THE THENCE ALONG SAID WOOD FENCE +'t THE FOLLOWING COURSES AND I DISTANCES:" E 50.1BET, S 39°51S9" E 6.55T� °77'22 3 64°2:'39: E 25.62 FEET/TO TIIE END OF SAID g 70°1'14E 51.09 WOOD FENCE: C LY•26�0.EET ALONG THE SOUTHEASTERLY THENCE S 70°15' 14" TIIE IN,rERSEC7'ION WITH EXTENSION OF SAID ExTEN TO THE NORTHEASTERLY EXTENSION OG SInIDDNORT NORTHEASTERLY OF SAID LOT 2; THENCE S 18°34'S4" W 8.77 FEET ALONG EXTENSION TO THE POINT OF BEGINNING; CONTAINING 765-_N gTnTr OFCCOLORADO.R LESS. COUNTY OF PITKI ' EXHIBIT B- Vares'to Shoaf Quit Claim Deed 383 S-7y9 G-66 l i ,' 1 4;"1, 01'; I nP f"'G r, OF .E N oZ A "4f 2AO 'sy- .y .. �0 q • µ. �� /E' e � As s `' v �w b1 O M O 0 N L) N F .� -•f m kZzi 'a I a F 4 p� I G z �R.J1 S2'�af�If'� 70.9,Z' f 1Q ���s�,•� r .11 . its i MEMORANDUM To: Bob Nevins, Planner Thru: Nick Adeh, City Engineer From: Chuck Roth, Project Engineer e`IZ- Date: December 6, 1996 Re: . Shoaf's Cabin Accessory Dwelling Unit Conditional Use (Parcel ID No. 2737-073-53-002 ) I have reviewed the above referenced application, and after visiting the site, I have the following comments: 1. Site Improvement Survey - The site improvement survey submitted with the application is out of date (1989). A current site improvement survey needs to be submitted with the building permit application. The survey must reference a current title policy to ensure documentation of easements. There is a fence that is not shown. If the fence is not on private property, it must be relocated onto private property at the time of development. Note that the fence height detracts from the neighborhood enhancement by the addition of the cabin. 2. Sidewalk, Curb and Cutter - The two adjacent properties down the hill to Herron Park have installed sidewalk, curb and gutter during the past two summers. We recommend that the applicant be required to install sidewalk, curb and gutter prior to issuance of a certificate of occupancy. This should not be considered an onerous requirement because the applicant should have been required to provide a sidewalk, curb and gutter agreement at previous land use approval or building permit situations and because the neighboring property owners have paid for their improvements themselves. There are a boulder and a utility pedestal in the approximate location of the sidewalk curb and gutter. The boulder would have to be removed. It is preferable for the applicant to relocate the pedestal onto an easement on his private property, but the sidewalk may instead be routed around the pedestal if the applicant provides an easement for the portion on his property. 3. Trash & Utilities - Show trash containment area on final development plans. All utility meters and any new utility pedestals must be installed on the applicant's property and not in the public right-of-way. For pedestals, easements must be provided. The building permit drawings must indicate all utility meter locations. Meter locations must be accessible for reading and may not be Exhibit B obstructed by trash storage. The applicant may consider separate water service and meter and wastewater service line for the ADU. 4. Parkin - There is no on -street parking in the area, therefore an on -site parking space should be required for the ADU and shown on the building permit drawings. Existing parking spaces that meet Code requirements must also be shown. 5. Site Drainage - The existing flood control system(s) is inadequate for serving the additional runoff created by impermeable surface or change in drainage pattern. The site development should meet runoff design standards of Sec. 26.88.040.C.4.f, and the building permit application must include a drainage mitigation .plan signed and stamped by an engineer registered in the State of Colorado. 6. Domestic Water Supply - The survey indicates a well casing. If the applicant is not currently served by the City Water Department, state and city statute require that the property be connected to City water and that the well be abandoned. 7. Driveway Access - The driveway is not well defined or is obscured by snow. Note that the maximum allowable driveway width is eighteen feet. 8. Improvement Districts - The applicant should be required to agree to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights -of - way and to provide a signed and notarized agreement with recording fees prior to the final building inspection. 9. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: 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. cc: Jeffrey Shoaf, P.O. Box 3123, Aspen, Colorado 81612 M96.298 2 NOY 27 ' 96 04 : 30PP1 AS Hi )LIS I NG i)FC: P.1 MEMORANDUM TO: Suzanne Wolff, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE: November 27, 1996 RE: ShoaPs Cabin Accessory Dwelling Unit Review Parcel ID No. 2737-073-53-002 ISO—U .: The applicant is requesting to deed restrict an existing 699 square foot cabin. REG_ MMEUDATJQN: Staff recommends approval as long as the following conditions are met: 1. The unit falls within minimum and maximum square footage: Accessory dwelling units shay contain not less than throe hundred (3W) square feet of allowable floor area and not more than seven hundred (700) square feat of allowable floor area. The unit shall be deed restricted, meeting tho housing authority's guidelines for resident occupied units and shall be limited to rental periods of not less than sbt (6) months In duration, t7wners of the princi:ol residence shall have the right to place a quarted employee or empleyees of his or her choosing in the accessory dwelling unit. 2. The kitchen falls within the following specifications: Kitchen - For Accessory Dwellirg Units and Caretaker DweiUng Units, a minimum of a two -burner smut; with oven, starW rd sink, and a 6-cubic fnat rrYfrigarator plus freezer. 3. Part III, Section 7, of the? Aspen/Pitkin County Affordable Housing Guidelines, Deed Restricting Existing Aweding Units, which states: A. Pursuant to the applicable Clty or County Land Ilse Codes, an applicant for a development; under certain condidons and subject to certain requiremerft, may satisfy the affordable housing requirement by deed restricting existing unrestricted housing to comply with the Guidelines. Acceptance of existing units shall be at Me sole discretfon of the respective goveming body upon recommendation of the Housing Oltice. B. ff accepted by the City or County, existing units must be upgraded in accordance With Lie following crlberla, runtess a variance ftm these r+eguirernerrts Is approved by the appllcable governing t►ody upon the recommendation of the Housing Offfee! all units must be freshly pairlial; all appliances must be purchased within the last rive years and be In good condition :and working order, new carpet shall be provided (unless carpet has been purchased in last five years and !s In good condition and repair); the exterior walls shall be froahly rhalnted Within one year of dedication, a general level of upgrade to yards and landscaplag shall be provided, and, windows, heating, plumbing and electrical systems, fixtures ,and equipment shall be In good condition and working atWer. The roof must have a remaining usoful ft of at least ten (10) years. All units shall meet Uniform Building Code minimum standards, any applicable housing code or, in the absence of an adcquata code, such recognized housing code acceptable to the Housing Ounce and shall be approved by the Housing offica and verified by a qualfrie d Exhibit B NOV 27 ' 96 04 : 30PM a R SUS ING OFC 11. Building lnspeetor accepted and approved by the Housing MOM Applicant .shall bear the costs and expenses of any required upgrades to meet the above sbnderds as well as any structurnf/engineenng rworts required by the Housing oJitice to assess tha suitabUity for occiwpancy and compfPance with Ma Housing Office standards of the proposed units. 4. An accessory dwelling unit deed restriction must be recorded prior to building permit approval (this farm is provided by the Housing Office). 5. Inspection of the unit by the Housing Office prior to Certificate of Occupancy, VereTaf bofadu 112 E MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Amidon, Historic Preservation Officer RE: Shoaf referral DATE: December 11, 1996 This fall, the owners of a historic cabin which Fritz Benedict had disassembled and moved from Snowmass to property that he owned near Stillwater Drive asked for bidders to remove the cabin from the site. The cabin was located in the County and according to a previous approval by the BOCC, was to be removed or converted to storage since the property exceeded the allowed FAR. Jeffrey Shoaf, owner of 117 Neale Avenue received the cabin and now wishes to place it on his property and convert it into a voluntary accessory dwelling unit. Staff does not recommend landmark designation of the building or the property since the cabin does not have historical significance within the City of Aspen, however, HPC referral comments on proposed alterations to the building are requested for the Planning and Zoning Commission. Exhibit C Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: p 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -63885-268 Public Right -of -Way _ -63875-046 Zoning & Sign Permit _ -MR01 I Use Tax 10000-67100-383 Park Dedication 15000-63050-480 AH Commercial 15000-63065 482 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit -63805-034 Flat Fee -63820-037 Zoning -63825-038 Hoard of Adjustment Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer 62023-63340-190 Housing 00125-63340•-205 Environmental Health 00113-63815-036 County Clerk 00113-63812-212 Wildlife Officer Sales: 00113-63830-039 County Code -69000-145 Copy Fees Other r F Total o q Date: Check:5-73/ Proje _ S Case No• No. of Copies �p�