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HomeMy WebLinkAboutagenda.drac.19970522AGENDA DESIGN REVIEW APPEALS COMMITTEE May 22, 1997 4:00 p.m. Thursday Special Meeting City Council Chambers, City Hall 4:00 I. Roll Call II. Minutes III. Comments (Committee members, Staff and Public) 4:05 III. New Business A. 935 Gibson Avenue - Mr. & Mrs. Tom Lewis waiver from design review standard to allow for construction of a garage addition. I~ (continued from 5/8/97) CO^11~1J-~ ~ ~ 4:30 B. Lot # 10 SilverLode Subdivision -Fuchs Residence -waiver from garage standard j~~~~ 5:00 VI. Worksession -Aspen Country Inn 5:30 VII. Worksession -Ordinance 30 Adjourn w MEMORANDUM TO: Design Review Appeal Committee THRU: Stan Clauson, Community Development DirectoE • Julie Ann Woods, Community Development Deputy Director ~ FROM: Saza Thomas, Zoning Enforcement Officer DATE: May 1, 1997 RE: 935 Gibson Avenue -Appeal from Design Standazds SUMMARY: The applicant requests a waiver of the Ordinance #30 standard related to the gazage setback requirement. APPLICANT: Mr. and Mrs. Tom Lewis, represented by David Panico LOCATION: 935 Gibson Avenue ZONING: R15-A PROJECT REVIEW PROCESS AND STAFF EVALUATION I. Background - The applicant is proposing to add a two caz gazage with a loft bedroom to an existing residence. The parcel is bisected by the 60' wide Gibson Avenue right of way, which creates a triangulaz shaped building envelope. The applicant requested, and received, a front yazd setback variance from the Boazd of Adjustment for the gazage addition. The setback variance was necessary as the Aspen Municipal Land Use Code stipulates that all necessary setbacks be measured from the right-of--way line. The vaziance granted allowed fora 7 Foot setback, rather than the 25 foot setback required in the zone district. II. Site Description -The proposed project is located on a flat lot which is bisected by Gibson Avenue. The site is heavily treed with 12-15 mature conifers which shield the residence from the street. III. Waiver Requested Standard: All portions of a gazage, carport or storage azea pazallel to the street shall be recessed behind the front facade a minimum often (10) feet. IV. Staff Evaluation -The Committee may grant an exception to the design standards if the project as proposed is found to meet one of the following criteria: ~, a). yields greater compliance with the goals of the Aspen Area Community Plan; Staff response: The project does not further any goals of the AACP. b) more effectively addresses the issue or problem a given standazd or provision responds to; or Staff response: The waiver request does not address this criteria. c) be cleazly necessary for reason of fairness related to unusual site specific constraints. Staff response: Given the constraints placed on the building lot, due to the presence of the 60 foot right of way and the location of the existing structure, there appeazs to be no location on the site which would enable the applicant to construct a gazage which is recessed 10' behind the front facade of the structure. In addition, the site is well hidden from the road by the presence of a number of very lazge spruce trees, which will certainly minimize the impact of the gazage addition on the surrounding neighborhood and streetscape. The gazage is also designed so that the entry will be perpendicular to the street, minimizing the impacts as well. '~`"^ Recommendation: Staff recommends approval of granting the waiver from the design review standards to allow for construction of a garage addition. Recommended Motion: " I move to approve the waiver from the design review standard which requires that all portions of a garage be recessed 10' behind the front facade of a building, to allow for construction of a garage addition at the residence located at 935 Gibson Avenue, finding that review criteria "c" has been [pet." ATTACHMENT1 LAND USE APPLICATION FORM 1. Project name_ 2. Project location LEWI6 RESIDENCE {indicate street address, lot and block number or me#es and bounds description) 3. Present zoning iZ • ISA, 4. Lot size 22 O 13 5. Applicant's name, address and phone number MR 6.M25"rDP4 L,EWIS 32Ca WHRENep,D 5T• Y-1=Y W~T~fL. 3pFj •2q2~ 5~2 6. Representative's name, address, and phone number _ 1533 -~ut~ltPEP f-ItL.L RD. ASPEN LO. 910 7. Type of application {check all that apply): Conditional Use Special Review _ 8040 Greenline Stream Margin Subdivision GMQS allotment _ mew Pfane Lot Split(Lot Line Adjustment Conceptual SPA ~, _ Final SPA _ Conceptual PUD r _ Final PUD _ Text/Map Amend. GMQS exemption Condominiumization K ,YtD PAiVI Conceptual HPC Final HPC RAinor HPC Relocation HPC Historic Landmark Demo/Partial Demo Design Review Appeal Committee 8. Description of existing uses (number and type of existing structures, approximate sq. ft., number of bedrooms, any previous approvals granted to the property) EXISTING DuPuE~C `ro L?E coKVetzTED't0 .A SINGLE 9. Description of development application A OF PDPEfL W rT~.i Wo2D~ ,M1D 1JUMgE~2`. 10. Have you completed and attached the following? X Attachment 1-Land use application form X Response to Attachment 2 .~ Response to Attachment 3 ~Y ~D~Vb-~ Mh. JuuE b.NN WGnD p,PIZt L 2`b, i~i"1 A~aF~N/Pmc.lN CaMMLtNITY pEYEt.CPMENI" I1,o S. Gb,t~nta. 9T: ASPEN , co. 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Tit t5 t_~. ~~ NO Of+4ErZ ~A, W t~n-l ! t~} BOX F-3 ASPEN COLORADO 81G12 PHONE 970 923 5394 FAX 970 923 12G0 THE 2~UILDING ENVEL.o~E, oND 1.(O Fb~IBILrT`/OF t61TIGNiNI-I A 231 BY7A•I Ga.p.L`GE IN ~GL OF, C2 T~Ti-1.E 51CE QFI T7••~E $XlrrT1NG STTZI-1CTU2E {~~ rD2AINANGE 3p GUIDELINES. G5 C~c~l BE SEEN IN T~-IE uElGH6oP..t~Cnp ~lL R~.N bND 7NE P1~0'>-CY.~Q1~aIG P~•NCtZd.N~4~6T2Er=TrvCb.~ ,TNE2E d.2E VE2Y ~.W COMMOA~ "ft-1R.EpDrj gINDIn~G Ti-lE NEtC.ru6ofZUCY~D. IT l5 T~lE FE2~ELT" EM80®lrnENr bF Ty,E TAM" M>.'fr! Yl-rbL.ITY'~ W rfi-1 THE EtvIPHMIs pN°MEff~Y!'TD ALLOW. T3a15 Ac~mcN Ta QE ~NST>?ucr>`fl v~ouL.p Nar r A C¢o~n- jiTl G DEPG•e111¢~ ~Fev~l T~-E E FJC ISTl NG LAN O aC'~.i~E G'~ TN E. ~rn-•n uN I'rY. DuE '7D `f~ F~.-rS yrz~TEO A.a~C~, "T~-~IE LF~nttS>=5 Hd•YE uo r~ra-I~2 ~Pr't oNS Ori-1 E+2 T~-lo.N ?O Nor >3u l L.D Lti C~C.~E • "n.-E~>=o>zE , a~ ~ar~,o l N ,4'1T~Gi-F MEIVT 4 5~nal C)•~A vd2,tsNLE c~.N EE. Gzc~IvTED ~.~~ F.~r>~ Y I`IFL~SSa2`f RE/~~0~lS C~ ~~2NE•~/ I~LA.1'1=D TD UA1Lt5uAL ~jl"f'~ S~.ii=iL GCt~l5T2~tN'T~i!~I BEUE~/~'Tf-~C6E° 2L~.~NS OF ~l QN E`er ~~L~Ff~-Y ?U Td-k l S SITUATION TitAN1L-`l~.t ~c2. Ytxt2 CoNSI`'`°`o^TtON AND~LEASE DCG-LSE T~4~ E-~IVD V~lem NG , IMF( ~t NTE~ BLFJ~J• uP. ~ BOX F-3 ASPEN COLORADO 81612 PHONE 970 923 5394 FAX 970 923 1260 ~_ ti3b3060 : 1.'C~9,'~3 1%-.: 1B Ric E1%'. i~<~ gr,_ 730 PG f3 O 'a~ =iv_a ~Dav~is, F'.L;~;n (Jr.ty Cier~., DoC 99.}'9 z ~ ` (~ GENERAL WARRAEdTY DEED a ' ~~ i M MICHAEL MLR^.,AN and ?IIRIAl: EL!dORE HARTHILL, whose address :~ ~ is 3949 Austin Rcad, Brawley, California 92227, for Ten Dollars i ~ x$10.00} and other good and valuable consideration, in hand paid, ~- hereby sails and conveys to THOMP.S E. Lt'WIS, whose address is P. O. .` Box 5442, Key West, Florida 33045, the following real property in the County of Pitkin and States of Colorado, to-wit: Parcel No. 1 A parcel of land si-tuated in the Southwest one-quarter of the Southeast one-guar*_er of Section 7, Township 10 South, Range 84 West of the 6th P.M., described as follows: '~~ Beginning at a point or. line 9-10 of Tract A of Aspen ~~ Townsite Addition whence Corner No. 11 of said Tract A +'b bears South 7a°21`12^ West 82.40 feet and whence the ~'- center one-guarder of sz~id Section 7 bears North O8°06'04" West 2042.78 feat; thence South 23°44'00" East ~~, 80.31 feet; then.^.~= 68.93 feet along the arc of a curve to ~ the right having a radius of 355.57 feet, the chord of w..*.ich curse bears North 44°39'04" G~iest 58.82 feet; thence North 34°47'43" 5'aat 35.27 feet to the point of beginning ~ Parcel No. 2 ~ '~ A parcel e£ land situated in the Southwest one-quarter of ~~, the Southeast one-quarter of Section 7, Townshig 10 South, Range 84 west of the 6th P.M., described as .z~ follows: H "-v beginning at a point on line 9-10 of Tract A of Aspen '~ " ~,: _„ Townsite Addition extended Southwesterly whence Corner ~' No. it of said Tract A bears North 23°13'37" West 68.49 o F~' quarter of section 7 bears y, ~ feet and whence the center one- " North OS°20.34° West 2113.57 feet; thence 192.39 feat W G along the arc of a curve to the right having a radius of ~ ~ 245.57 feet, the chord of which curve bears South 36°33'25" East 189.01 feet; thence North 66°00'00" Weat = 182.41 feet; thance North 34°47.43" East 95.07 fast to the point of beginning County of Pitkin, State of Colorado, with a street address of: 435 Gibson P_venue, Aspen, Colorado 81611, with all its appurtenances and WARRANTS the title to the same, ~,, SUBJECT T4: taxes not yet due and payable for the year of closing; any tax, special assessment, charge or lien imposed for water or sewer service, or for any other special taxing district; right of 1 L J ~.. r #7h:_tO6ii 11!n9/9~ 16E 16 ~ftrc 81i~. uu &h+ 730 Fla 9 Si:via Davis, EitF::in Cnty Clerk, Doc 3,~.19,7C, way for ditches or canals constructed by the authority of the United States as reserved in Patent recorded in Book 185 at Page 69; reserration of all right, title and interest in and to said property located at a depth below five hundred feet (500') beneath the surface and includinq those portions of any and all veins, lodes or ledges which occur below such depth as well ae the downward or lateral extension thereof-from below such depth, the tops or apexes of whirlh veins, lodes or ledges lie inside the surface boundary 11.e4>!~ l~s said properties, as reserved in Deed recorded December 26, 1967, in Etaok 231 at Page 612; and access and utility easement on the Eastezly End of Parcel No. 1 as set forth in Deed recorded August 26, 1973, in Book 279 at Page 10. SIGNED this d~'day of October, 2993. ''~4' ~~ 'l 1 ~ - ,~~-~. ~///,)G rt c'c Era. f ~7'./tL'/. / _ L MICHAEL MORGAN '~ MM AiAM ELMORE TRILL ~ STATE OF Ss. COt7NTY OF ) The fcregoirq General Warranty Deed was acknowledged and signed before me this __ day of October, 1993, by MICHAEL MORGAN. ,~ State of ../ t~ln[ County o ~ -_ } Onif/ehr' ~.'l7G'j before ~e, ~~,ti>:- ~~_'~,np~ NBi~iY, IOATEj : s-.1 (NAME,l:T',.E Gf OFFICER.tE.. 7ANE DOEr.~N,OtAR~PUaLICy perscral!y appeared _!='.~~?.~~ ~~~~'f~~_~ -_/7//~/~~ (NAME(S'I GF SIGNEPjS)) personally known to me • OR - -M..w...~my..ei ~~~: Sfnl s + .2 irMctit3` ' ~ $AArY'+1 1; ; ~ Mn;lRV Pf. •~'.C _f7A1_IP(1RNIA ) r I+AW6PAi OfF1CE ~x 1 y~ , y~Y~' IMDERU~,^•OJHT' .r c~wl.a E.a•o• JAN. 1, ! 994 _,, "_ prayed to me on "a basis of satisfactory evidence to be the person(s) whose name(s) islare sub- scribed tc the within instrument antl acknowledged [o me that he/she/they executed the same in nis;her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s}, or the entity upon behalf of which the pJrson(s) acted, executed the instrup+P1)t. Witness mv~tand and official.e4~al 0 CAPACITY ClAihiED 8Y SIGNER(S) 2~ INOIVIOUAt.(S) G CORPORATE ___-__._ OFFICER(S) ^ PARTNER(S) cmLEtsu ^ ATTORNEY IN FACT ^ TRUSTEE(S) ^ GUARDIAN(CONSERVATOF ^ OTHER: __._.__----- ._. ..-- SIGNER IS REPRESENTING: (NAME Of PERS]N(ry OR ENTOYgES`) ATTENTION NQTAAy: The information regeas,a~ BEIOw +s OPfi~NAl. It coultl, ^owever. pteveM freuGMl9nl 9ttBChment of this eerUflcate to any unauthori;ed Cot. TNI$ CERTIFICATE MUST 6E ATTACHED TO TNEGCCUMENT GESCA!BED AT ftlsriNT Title or Type of Document ~G~-c'~'~-LPG lrJsq .~'~`~~ ~ ~~_. Number of Pages ~-- Date of Docu ent ~~ 9-~ Sinner(s) Other Tt;an Named Above ~~ d-29-1997 10~06At.1 FROtt LE`,+IS PROPERTIES IN 305 367 d3d5 P.2 THOMAS E. LEWIIS 326 WHITEHEAD STREET KEY WEST, FL 33040 PHONE: (305J 292-5091 FAX: (305) 296-5092 April 29, 1997 Julie Ann Foods Deputy Director City Planning 3c Zoning Aspen,Titkin Community De~•c-lopment 130 $. Galena St. Aspen, CO 81611-1975 Dear GIs. Woods: 1, Tom Le«~is of 326 Whitehead Streit, ICey Nest, FL authorize Da~•id Panico of 1533 Juniper Hill Rd., aspen, CO (Phone 9'0-923-5394) to represent me before the Design Review Appeal Committee in its rz~~iew o£ a proposed garage addition to my- residence at 935 Gibson o-1ve., Aspen, CO. Should any- further authorization or clarification be needed, please do not hesitate to contact me. Sincerely, ~~~rn~ ~ Thomas E. Lewis ~~~~. TELipa 1_i ~ _~ ,. v ~~~~ 0 0 o~ v W ~~ _~ U O O ~~ 1 ;' ,~ ~ ~ N U V Y .C o ~~ ~~ W .--~ ~~menY 37Y3N o ~t /{~~ a ,~ \ \ 1 ~l/ 1 ice"-~.~ Q Q O ~~ W ~_ ,^~ ... yl to ,, /~ ~' 2~oI ;~ ~~ ~ ~ ~ er n ~ ~_ ~d2Mt`~~ {2 r D 4 D P ~ ~ ~ r '~ ~ ~ ~ 2 I~~F~I 45P~ LT fh m ~ ~+ ~ ~ / ~ A i ~ m ~ ~. J 0 "~ U ~.~ ,~ U~ Iy N ,, ~ U ~ ~l i~ I rn z 0 ~n I `y~ ~r ~1 ~/ I R 0 D~ O/ J, ~ ~~ jai 1< >/~ -~ I~ In y s N1 ~_~I~~ Q~ ~ ! `~ z ~ i"t% ~I ~~_ ~~~ _n 3 ~,. 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III II ° ~, ~~' ~_ U ~ uzl ~ ul _ ~, ~ ','; s u- ~ ~; i '~ a- s i f- ,~ o. 0 ~~ '~ ~., ~ ; r ;, '• N N Ll r, r.. ; A w z ~ ~ ~ > ' `~ (] ,c j O ~n s ~ Z W n ~ ~ ^ 1L ~ ~y y V J S ~ ~ J y u, 3 s q__ ~ F L - W ~ ~ O ~~ O y' a .......J z 0 Q W Z 0 E-- v w' I ~I ~ '. u-1 ~ ~: ~~ ~'~ E? ~ ~~T-, i~ z 0 x~ o ~ n ~ Q ~ S 13 ~~" ~, w;~a+~ "'G` MEMORANDUM TO: Design Review Appeal Committee I THRU: Stan Clauson, Community Development Directo~ Julie Ann Woods, Deputy Director _ FROM: ChristopherBendon,Planner ~~n'~A^ VYYYV' RE: Fuchs Residence Silverlode Subdivision Lot #10 DATE: May 14, 1997 SUMMARY: The applicants, Ricki and Peter Fuchs, aze requesting a waiver of the Residential Design Standard concerning gazages for Lot #10 of the Silverlode Subdivision. Waiving this gazage standazd will allow the Fuchs to push their gazage forwazd of the main facade and use a smaller retaining wall. Staff recommends granting this variance, with conditions. APPLICANT: Ricki and Peter Fuchs. Represented by Richard Klein, Architect. LOCATION: Silverlode Subdivision Lot #10. ZONING: AHl-PUD. Free-Mazket Residential portion of subdivision. LOT SIZE: .418 acres = 18,186 Square feet. FAR: 80% of FAR = 3,442 square feet, pursuant to subdivision approvals. Applicant is also requesting an increase to 90% FAR (3,872 squaze feet) through 8040 Greenline Review with the Planning and Zoning Commission. CURRENT LAND USE: Vacant. PROPOSED LAND USE: Single Family Free-Market Residence. PREVIOUS ACTION: DRAC has not previously considered this case. REVIEW PROCEDURE: DRAC may grant relief from the Residential Design Standazds if the vaziance is found to be: a) in greater compliance with the goals of the AACP; or, b) amore effective method of addressing standard in question; or, c) cleazly necessary for reasons of fairness related to unusual site specific constraints. All hearings aze public heazings open to the public. Applicants aze required to post the property at least five (5) days in advance. BACKGROUND: This lot is one of the free-market lots created by the Silverlode Subdivision, a private sector affordable housing project. The Land use approvals for the subdivision exempt development from those Residential Design Standazds affecting FAR calculations. o.,, The applicant is also requesting to increase the allowable squaze footage on the site from 80% FAR to 90% FAR through Special Review with the Planning and Zoning Commission, and realigning the entrance to the property through an '~`'` insubstantial plat amendment approval, . _. h'INANCIAL IMPLICATIONS: There are no discernible public costs associated with this request. STAFF COMMENTS: The applicant's proposed development is not in compliance with the following Residential Design Standard: 26.58.040(A)(3) For single family homes and duplexes with attached garages or carports, the garage must be set back at least ten (10) feet further from the street than the house. In response to the review criteria for a DRAC variance, Staff makes the following findings: a) in greater compliance with the goals of the AACP; or, Staff Finding; The proposed vaziance is not in greater compliance with the goals of the Community Plan. b) amore effective method of addressing standard in question; or, Staff Findine: 2 The proposed variance is not a more effective method of addressing the garage standazd. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Finding; This property is a difficult property to access with a caz due to the steep terrain, building envelope designation, and predetermined access point. The proposed variance allows the applicant to retain the slope with a 6 foot boulder wall. To meet the gazage standazds and applicable standards for driveway grades, this retaining wall would need to be approximately 12 to 14 feet high and constructed with concrete. Aesthetically, this variance allowing the garage to jut forward from the house, would be an improvement over the massive concrete retaining wall. Also important in this consideration is the limited view of the gazage from the street due to slopes within the front setback. The primary view of the garage will be from the driveway when entering the parcel. The standazd would limit the presence of a gazage door from this view but would result in a large concrete wall. The variance would increase the presence of the gazage door, but will allow for a smaller, boulder retaining wall. RECOMMENDATION: Staff recommends DRAC grant a variance of Residential Design Standazd 26.58.040(A)(3) addressing gazages for the subject property, Lot #10 Silverlode Subdivision, with the following conditions: 1. To the extent practical, the applicant shall construct retaining walls with boulders, or other natural materials, and minimize the extent of concrete facing. 2. As proposed, the applicant's development proposal is subject to 8040 Greenline review and approval by the Planning and Zoning Commission and an insubstantial Plat Amendment approval by the Community Development Director as required in the Municipal Code. In no way shall this approval imply approval of any other required approval. 3. All material representations made by the applicant in the application and during public meetings with the Aspen Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to grant a waiver of the Residential Design Standazd 26.58.040(A)(3) regarding gazages, finding that the variance is clearly necessary for reasons of 3 fairness related to unusual site constraints for the Fuchs Property, Lot #10 of the '""" Silverlode Subdivision, with the conditions listed in the Staff memo dated May ,, 14, 1997." ATTACHMENTS: Exhibit A -Application ,~.,~ 4 ATTACNMENT1 LAND USE APPLICATION FORM 1. Project name P u c r 5 iz- E S t D E N c E 2. Project location LoT I~ Cltt-VERLoPE SuBPIVISIDN AS PE-N co °01(°11 (indicate street address, lot and block number or metes and bounds description) 3. Present zoning AH 4. Lot size .4 I °o I i t $ co s>st . F~ . 5. Applicant's name, address and phone number RISK t ANV P rsZ 5-R FucNS 2S n°yN'rA1N 'Tl~-P11_ S1'PNFo-io cT. ofoMo~ 2•~s '32°1• ~l°bCv 6. Representative's name, address, and phone number ~t.ICN•RD Kl.etu ~ ,a RcNnE~'r P ,o. 'ba l( 1z,~ ASPEN C° 4,t 1o12. .I've 12°• 1'I S'z 7. Type of application (check all that apply): _ Conditional Use Special Review 8040 Greenline _ Stream Margin _ Subdivision _ GMQS allotment _ vew Plane Lot Split/Lot Line Adjustment Conceptual SPA _ _ Final SPA _ _ Conceptual PUD _ _ Final PUD _ _ Text/Map Amend. _ GMQS exemption _ Condominiumization X ?< I"IIN•(t P~9 /AMEND. pC Conceptual HPC Final HPC Minor HPC Relocation HPC Historic Landmark Demo/Partial Demo Design Review Appeal Committee 8. Description of existing uses (number and type of existing structures, approximate sq. ft., number of bedrooms, any previous approvals granted to the property) £xlszlNw IZIE;SIDi~NTI.1.. L~r I'Re PeS~D ~LESIb E.NCfc. OF tl- {a fsPROe MS }PPRox . .s,6 0o st4 • FT. (cr+P- 9. Description of development application i' R~P°s ~~ P+_sl ~eN Leo 1.VZ1.•N ~7°LS F+ct Le ePZE !q l.~CpfL '~{t o~vtNtiuctc. No• ~° -`~T~-.~D~atLa~ , 'D. R A. c . RE.v I>:w 1S iz'6bt° t CiEP 10. Have you completed and attached the following? X Attachment 1-Land use application form x Response to Attachment 2 x Response to Attachment 3 b . '~ l_ s'-L(' /vVl -pR,~ ~ E w a ~( ~.,o u T 1 o t~ JS Fv E. '1-4~`{ IM ~A cZ,~ S l'f f~, 'Pl'e (eS k.N P~v ~weY tp GDT~eN F1lNlN~+L G.S It1 j'OC? -C• SINE.. jKIN•~ ~~b ~1.Anr..N$, SICpN OAF ~~ullZrt_D May 8, 1997 Attachment 1.9b discussion The platted realignment of the driveway for Lot 10 of the Silverlode Subdivision as shown in the Banner Engineering firm submittal to the City of Aspen Engineering Department does not correctly illustrate the impact this driveway alignment has on the site. With further study in larger scale, it is illustrated that this alignment actually requires a cut bank of 12 ft. in the Pedestrian Access and Utility Easement as wmpared to a cut bank of only half that, 6 ft. in the proposed new driveway alignment as illustrated by the proposed site plan. The proposed realignment of the driveway as illustrated by the proposed site plan impacts the site to a much lesser degree and is a better design solution to vehicle access to the building envelope. T-,Pony ~~a~ ti J~ 9.s a~~-sc,D lJ a .>JSLs~>7-' SilverLode Lot 10 ~ T 30 0 30 FEE7 ~i I _ - RAPHIC SL`~ ,., 1 in 30 tl ~.. _ __ - _ _: - - -4 _ ~~ ~ ~~ ~~~ _. _ - 1--~ _ __ _ ~ ~, 8080` -~ ~ - ` _ _ - ~ ~._ ,, .~ ~_ ~o 8 ,_ 060 ~ .. , _ 8°g . // / ° \ LOT 10' ~oAe ~ ~~. ~ ~ ~ o. ~ / _ ~~ / ~ / / .~ ~ ~~ ~, ~ J ~ ~~ / \\ p~ ~ \~ O t J~j / ~ LOT 11 `,, I 50 / ~~ . , ~ / t eGQ%yC \ ~.~ . ~ / ~ ~R~Ht ~I~~r ~r-~wlw ~~~-t~~ P~-PtiR~1'~~.'uT ~, ~ r \\ \`' ~ c ~ - z ~~ - -~~ , --1..__- .-_~ ' ~~ Z ¢ v ~ ~ __ ~ ~ ``~~ `~ '~ , Z 'o __~ __1 ~` _~- ~~ J _~ ~ I ~i- - _`^ r ~J \ ~_ ~ /` u iy'f iNt~ G/N"jodpt - 1~---- -___ ----~ -~___ ~°- ~ s I ~ ~ ~.. ,~, ~, \I ~~~V ~ ~" ~~GQ I I ~~ ~ ~ ~N I ` ~` _L .. I I ~~ ~I _--~I - - i l ~ - ~~ 1--- ~ I I ~ ~ d _~. ~~~~~ Jim _nc~--TE ~ ~'~ A-o~~s-E b ~'U i5~j1~I511 N ~.o-i' I4 SIL~!E~'-L•t7E 'S1~6pl~lSle~l a.ci.L.P ~ n a to ~ a ~~ -_ ~- 605/1 ~~`J~ i~ '~ ~.~,d_ - ATTACHMENT2 GENERAL SUBMISSION REQUIREMENTS All development applications must include the following information: The applicant's name, address, and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of any representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which the development is proposed to occur. 3. A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the~operty, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the development review. 4. An 8 1/2" x11" vicinity map locating the subject parcel within the City of Aspen. X38 f1R'r '9i lt~~~ RfJDEFSEN COF~'+ULTING G7;'1 438~_i81?. City of Aspen May 8, 1997 Aspen Colorado P.: I hereby authorize Richard Klein of Anderson, Klein Architects and Designers to represent me in discussions regarding our property at Silveriode in Aspen i.. ;~ i `v(, !'i~4 ~l.~.c ~ ~lll~ ~7 City of Aspen Aspen Colorado Applicant: Ricki and Peter Fuchs 25 Mountain Trail Stanford CT 06903 (203)329-9086 Representative: Richard Klein, Architect Anderson Klein Architecture interiors P. O. Box 737 Aspen CO 81612 (970)920-1752 May 8, 1997 May 8, 1997 Attachment 2.2 response Lot 10 silverlode Subdivision, Aspen CO 81611 street address not determined yet LAW OFFICES FREILICH, MYLER, LEITNER & CARLISLE A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS IN COLORADO 106 SOUTH S11LL STREET. SUITE 202 -- - DAVID I. MYLER. PC. ASPEN. COLORAD081611 TELEPHONE & MICHAEL HOFFMAN (9]0) 920-1018 ALAN E. SCHWARTZ FACSIMILE OP COUNSEL (970) 920-4259 May 8, 1997 Mr. Richard Klein Anderson -Klein Architectwe Interiors, Ltd. 465 N. Mill Street, #3 Aspen, Colorado 81611 Re: Title to Lot 10, SilverLode Subdivision Aspen, Colorado (the "Property") Deaz Mr. Klein: I respond to yow recent inquiry concerning title to the above-referenced Property as follows. On January 31, 1997, Peter H. Fuchs and Henricka A. Fuchs, as joint tenants, took title to the Property as grantees under that certain General Warranty Deed from Williams Ranch Joint Ventwe ("WRJV"). The grant from WRJV was subject to "general taxes and assessments for the year 1997 and subsequent yeazs, and subject to easements, reservations, restrictions, covenants and rights of way of record, if any." The title inswance policy issued to Mr. and Mrs. Fuchs described 24 sepazate exceptions to title, including the standazd exceptions included in all such pohcies. I have attached a copy of that list to this correspondence. I am not awaze of any additional liens, encumbrances or conveyances which have taken place since January 31, 1997. Please feel free to contact me if you need additional information concerning the Property. Sincerely, FREII,ICH, MYLER, LEITNER & CARLISLE ~G2i~~~ E. Michael Hoffman IN MISSOURI IN TEXAS IN CALIFORNIA FREILICH. LEITNER & CARLISLE FREILICH, MORGAN. LEITNER & CARLISLE FREILICH, KAUFMAN. FO% & SOHAGI KANSAS CITY, MISSOURI DALLAS, TEXAS LOS ANGELES, CALIFORNIA A L T A C O M M I T M E N. SCHEDULE B-2 (Exceptions) Our Order ~ Q37i490 The policy or pclicies to be issued will contain, exceptions to the following unless the same are disposed of to the satisfaction. of the Company: 1. Standard Exceptions 1 through 5 printed on the cover sheet. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's cffice. 7. Any unpaid taxes or assessments against said lard. 8. Liens for unpaid water and sewer charges, i° any. 9. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, ?IRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES ~S RESERVED IN UNITED STATES PATENT RECORDED December 22, 1909, IN BOOK 136 AT PAGE 365, RECORDED MAY 20, 1949 IN BOOK 175 AT PAGE 162, AND RECORDED DECEMBER 24, 1902 IN BOOK 55 AT PAGE 116. 11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED November 22, ~~// 1910, IN BOOK 136 AT PAGE 373, AND RECORDED DECEMBER 24, 1902 IN BOOK 55 AT PAGE 116. 12. PERPETUAL RIGHT OF WAY AND EASEMENTS TO EXTEND OR DRIVE LEVELS OR TUNNELS THROUGH THE SUBJECT PROPERTY AS SET FORTH AND RESERVED IN DEED RECORDED MARCH 30, 1895 IN BOOK 131 AT PAGE 425. 13. 'P,ERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENT RECORDED AUGUST 30, 1988 IN BOOK 572 AT FAGE 72. '_z. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AIQD EASEMENTS AS CONTAINED IN INSTRUMENTS RECORDED JANUARY 25, 1985 IN BOOK 480 AT PAGE 494 AND RECCRDED APRIL 2, 1986 IN BOOK 508 AT PAGE 312. 15. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN ORDINANCE NO. 94-15 RECORDED JUNE 27, 1994 IN BOOK 754 AT PAGE 194, AND RESOLUTION NO. 94-110 RECORDED SEPTEMBER 9, 1994 IN BOOK 760 AT PAGE 909. 16./EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF SMUGGLER MINE SUBDIVISION RECORDED MARCH 15, 1995 IN PLAT BOOK 36 AT PAGE 77. PAGE 4 A L i A C O M M I T M E N T SCHEDULE B-2 (Exceptions) our Order # 4371490 i7. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN ORDINANCE O. 07, SERIES OF 1994, RECORDED MARCH 15, 1995 IN BOOK 776 AT PAGE 299 AND EASEMENT AGREEMENT RECORDED MARCH 15, 1995 IN BOOK 776 AT PAGE 301. 18~RMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED March 15, 1995, IN BOOK 776 AT PAGE 307. 19. RESERVATION BY WRIGHT & PREUSCH MINING, LTD., OF ANY AND ALL SL'B-SURFACE AND MINERAL RIGHTS BELOW 50 FEET BELOW THE SURFACE; HOWEVER, SPECIFICALLY. ~4PZTHOUT ANY ACCOMPANYING RIGHT TO USE OR IN ANY WAY BURDEN THE SURFACE (/ nSTATE TO OBTAIN AND USE THE BENEFIT OF THE OWNERSHIP CF THE SAME, AS SET FORTH IN DEED RECORDED MARCH 22, 1995 IN BOOK 776 AT PAGE 880. 20. BASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF SILVERLODE SUBDIVISION RECORDED MAY 9, 1995 IN PLAT BOOK 37 AT PAGE 3, AND APPROVAL RECORDED MAY 9, 1995 IN BOOK 780 AT PAGE 368, AND ACKNOWLEDGEMENT RECORDED MAY 9, 1995 IN BOOK 780 AT PAGE 369. 21.,~ERMS, CONDITIONS AND PROVISIONS OF ANNEXATION AGREEMENT BY AND BETWEEN WILLIAMS RANCH JOINT VENTURE AND THE CITY OF ASPEN RECORDED May 09, 1995 IN BOOK 780 AT PAGE 370. ~STRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER ~/ CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED May 12, 1995, IN BOOK 780 AT PAGE 755. 23.~MS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED February 22, 1996 UNDER RECEPTION NO. 390141. 24. TERMS, CONDITIONS,, PROVISIONS, OBLIGATIONS AND EASEMENT AS CONTAINED IN INSTRUMENT RECORDED AUGUST 12, 1996 AS RECEPTION NO. 395888. PAGE 5 . V Z _~ v } ~1 ~ C ~J 0 s \. 1 ~/ ~ ~ } ~ ~ ~ YJ L~9a a ~~ ~s°~' s ~j H ? O~0 "~, V ~`,, ~ a ~~.f ~~ ~y~~o a ~ ~ e/I ° ^a ~~~I~ ATTACHMENT3 SPECIFIC SUBMISSION REQUIREMENTS All applications for DRAC review must include the following information: Neighborhood block plan at 1"=50' (available in the City Engineering Department). Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one Irving level). 2. Site plan at 1"=10'. Show ground floors of all buildings on the subject parcel, as proposed, and footprints of adjacent buildings for a distance of 100' from the side property lines_ Show topography of the subject site with 2' contours. All building elevations, roof and floor plans at 1/8"= 1'0. 4. A graphic verification that the project meets or does not meet the `Primary Mass" standard. 5. Photographic panorama. Show elevations of all buildings on bath sides of the block, including present condition of the subject property. Label photos and mount on a presentation board. 6. A written explanation of the requested variance and a discussion of why a variance would be appropriate and would not compromise the intended goals of the "Residential Design Standards." The applicant may provide any offsetting design features that may mitigate impacts of the variance requested. May 8, 1997 Attachment 3.1 response Neighborhood block plan is not applicable at this time. Lots 9 and 11 are for sale and are not buit on. May 8, 1997 Attachment 3.2, 3.3, 3.4,and 3.5 response Refer to enclosed drawings and illustrations. May 8, 1997 Attachment 3.6 discussion The proposed design for Lot 10 at Silverlode Subdivision in Aspen does not comply with Ordinance No. 30 Section 7-304.1.b.2.c. garage setback from house. Ordinance 30 was conceived primarily as a tool to regulate design in the West End of Aspen. The West End is an established neighborhood with a classic grid street layout and a minimum of vertical contour movement, a flat neighborhood. This ordinance has also been applied to all neighborhoods in Aspen but in actuality, some of the design guidelines need to be modified due to site specific conditions. Silverlode Subdivision has a freeform layout relating to an undulating land form with steep cross slopes. Due to this varied terrain, the design intent of this project was to minimize the extent to which the existing site needed to be recontoured to accommodate the proposed residence. By allowing the garage to extend in front of the residence, this is accomplished. It also should be pointed out that due to careful design the proposed garage will be minimally visible to the neighborhood as viewed from the street below. Also the design intent was to eliminate the need for extensive bolder retaining as is extensively utilized through out the subdivision, allowing for more planting to occur. ATTACHMENT 4 DRAC STANDARDS FOR GRANTING A VARIANCE The following standards will be used by the Design Review Appeal Board when granting variances from the "Residential Design Standards." The project as proposed must be found to meet one of the following: a) yield greater compliance with the goals of the Aspen Area Community Plan; or b) more effectively address the issue or problem a given standard or provision responds to; or c) be clearly necessary for reasons of fairness related to unusual site specific constraints. May 8, 1997 Attachment 4c response Please refer to Attachment 3.6 discussion text. County of Pitkin } ~'FIDAVTT OF NOTICE PURSIJAI~(T } ss. TO ASPFIY L~~ND USE REGiJL~.TION State of Colorado } SECTION 26.52.D64 (E~ ~ ~ 1 ~ N ~. ~ ~ ~ ~- E I N ~ p- (~- C N l-f r C~' . being or reprGSeadm~g art - - -- Applic~nr to the City of Aspen, personally ~Y that I have complied with the pabliG notice - -- requirements puisuaat to Section ?552.060 (~ of the Aspen Land Use Regalarions in the following manner. i i 1. By mailing of notice, a copy of whica is attached hereto. by first-class. postage prepaid U.S. _l~Iaii to all owners of property within three hundred 0001 feet or :he subject propeny, as indicated on the attached list.-on the fay of ,'99_ (whicZ is _ davs prior to he cuDiic :~earinQ date or -~~ ?. By postin; a sib in a conspicuous place on the suoiect property ~; as it could be seen >^rom the nearest public way j and hat the said siEn was posted and visible continuously from the ~~day or' ~`~ . 199=1 (Must be posted rot at :east ten ~ ~0) :~uil days berore the ~e:s~na date;. .~ ahcto~*anr? of cite= pcstzd sib is attacaed zereto. ~~ ~ttac7 photogtaah here) G. ~:~ ~" ~'~ ~-=~r a° ~+ ~~ ~~,~ ``'~'~' ~ t~ PUBLIC NOTICE ^;~~- ~*~ ~ F a" ~' ''~' ~ ~ ~ .~` ~ , ~`,. .r .~ ,. ig , ~ ,.~ ~ ~ ~d ~. ~ TIME- ~,~r E _r ~.,, ~ ~ x+, j _'~.. r ~~~ ~ ~~~` `~ `~ • PLACE!''" ~~ ~~9 7 - ` In. 4 ' fit' d ~ ~± PURPOSE- ~ ~ , ~ ~ ~ ~ I° ,~ - 1 ,N~ ~.: