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HomeMy WebLinkAboutcoa.lu.cu.860 Roaring Fork Rd.Lauder.0027.2008.... ,-. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0027.2008.ASLU 2735-12-12-6-001 860 ROARING FORK ROAD ERRIN EVANS NON CONFORMING ADU ALICE DAVIS 09/17/2008 CLOSED BY Angela Scorey on 03/04/2009 .~. ... DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Gary Lauder 88 Mercedes Lane Atherton California 94027 Property Owner's Name, Mailing Address and telephone number Lot 6 & 7 Second Aspen Company more commonly known as 860 Roazing Fork Road Legal Description and Street Address of Subject Property The Applicant received approval to add 379 square feet of floor area as an addition to the reaz of the can•iaee house under Special Review See attached site plan Written Description of the Site Specific Plan and/or Attachment Describing Plan Grant of a an approval of three Special Reviews by the Planning and Zoning Commission and associated approvals via Resolution No. 030 Series of 2008 September 16th, 2008. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) September 28 2008 Effective Date of Development Order (Same as date of publication of notice of approval.) Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 28`h day of September, 2008, by the City of Aspen Community I2eNeloomemt Director. Bendon, Community Development Director -xEw cNAOE wnu Q NEW WFLLfAN51P1 TIOX 1 2x'~11'ALIGXIXC WIM EIISIING I xEw ... WINWN 'll ^ r_______ ^ I Ifl em I Q ~ I nM I i CLOSET EEDRCDM NI [cne E C09 O 1 ~- -. '- XM- ____ 4PAp1 I ____. wxu UNDER STAIR STCR. ~ _ 'I I~~rs MiSOEEN N. xl •. _. I ~/p ~ 1_._. WC N'YI BATH p2 aw ~I 1 :~-,BATH NI IEI ~ - - -, Y un~ m r aaE pIST XG `In I II axAOE WALL SXELV6 IXaPNX ~~\ : PENAX E ~. ® 1_~ BEDROOM N2 (EI ,.%~ - _' WI "- 3 IEI 3a1 aunF MECHANIGL(EI' B EORDCM N3 (E) -O 0 lAUNORY fE) ---o ~ 1 -301 301 01 ~ Lower Level Floor Plan .~.Nr Q NEW WFLl COX51P LCNgy j I 1 I 1 I C FXISnnc~l -- o-- FEW PFFXIX4 1 -301 I I ~XEW REiYXIAG I WALL -RE Lamm I wlxaaw- I I nswLER ae nuX NITCXEN (EI ~ i I lax RExwEWUL L J __,, ~ ~xixa~ I I IN _ a ~~I _ xAeLE N Ifl ~ NEW I 3 II - J I 301 II II _ PENavf6 maN ~ ~ r.~q PE SE - ruav °cpN ~I w. -~ILII PAxTRY IEI s iw uxolxa m oEs vlNa fE _ _---y,,, lal CN IEI _ -BAiH IEJrl ~I Ifl Ia5 _ CaYCII HALL IEI _:. __~ 301 301 02 ~ Main Level Floor Plan wulN •lo RESOLUTION N0. 30 (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THREE SPECIAL REVIEWS FOR THE EXPANSION OF AN ACCESSORY DWELLING UNTP LOTS 6 AND 7, SECOND ASPEN COMPANY SUBDIVISION, CITY OF ASPEN, PITHIN COUNTY, COLORADO, COMMONLY KNOWN AS 860 ROARING FORK ROAD. Parcel No. 2735-121-04-013 ' WHEREAS, the Community Development Department received an application from Gary Lauder represented by Alice Davis of Davis Hom, Inc., requesting approval of Special Review for the expansion of carriage house on Lot 6 &7, Second Aspen Company, City of Aspen; and, WHEREAS, the subject property is approximately 1.49 acres and is located in the Moderate Density Residential R-15 Zone District; and, WHEREAS, the carriage house is considered anon-conforming structure and is subject to Special Review, pursuant to Land Use Code Section 26.312.030, Non-conforming structures; and, WHEREAS, Land Use Code Section 26.312.030 was amended by Ordinance No. 7 of Series 2008, to pernut additional floor area on properties with a mandatory occupancy accessory dwelling unit and which aze legally established nonconformities with respect to floor azea; and, WHEREAS, the carriage house expansion will be constructed partially sub grade and the net livable azea will be increased to 1,718. These variances aze subject to Special Review, pursuant to Land Use Code Section 26.520.050, Accessory Dwelling Units and Carriage Houses -Design Standards; and, WHEREAS, the Planning and Zoning Commission may approve or deny a variance to the Accessory Dwelling Units and Carriage Houses Residential Standards in conformance with the review criteria established in Land Use Code Section 26.520.050, Accessory Dwelling Units and Carriage Houses, Design Standards; and 26.430.040 Review Standards for Special Review and 26.520.080 Special Review Procedures for Accessory Dwelling Units and Carriage Houses; and WHEREAS, the Planning and Zoning Commission may approve or deny an expansion of anon-conforming Accessory Dwelling Unit or Carriage House when floor area from a sending property is extinguished and transferred to a mandatory occupancy Accessory Dwelling Unit or Carriage House to a maximum of 500 squaze feet. The application must be in conformance with the review criteria established in Land Use Code Section 26.312.030, Non-Conforming Structures, Ordinance No. 7 of Series 2008 (amending that Code Section) and 26.430.040 Review Standards for Special Review; and WHEREAS, the Community Development Department has reviewed the proposal and recommended that the Planning and Zoning Commission approve with the three requests for Special Review; and, RECEPTION#: 553258, 09/30/2008 at 08:56:21 AM, 1 of s, R $31.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO ... WHEREAS, during a duly noticed public hearing on September 16, 2008, the Planning and Zoning Commission approved with conditions, by a 5 - 0 vote, the land use request; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the; Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution fiuthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMIVHSSION as follows: Section 1 Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the 860 Roaring Fork Road Special Review to expand the mandatory occupancy Carriage House on Lots 6 & 7, Second Aspen Company, is hereby approved with the following conditions: 1. The expansion to the carriage house shall be no greater than 379 squaze feet of floor azea. The total floor area of the carriage house shall not exceed 1,200 squaze feet of floor azea and not more than 1,718 squaze feet of net livable azea. 2. No further development shall occur on Lot 6 & 7, Second Aspen Company other than what is approved by Resolution No. 30, Series of 2008. 3. An approved tree permit from the Parks Department will be required before any demolition or significant property changes take place. The tree permit must be approved prior to submission of the building permit. Mitigation for removals will be paid cash in lieu or adjacent to the site. Any excavation under the drip line permit will need to be approved along with the tree permit. 4. The building permit application shall include the following a) A copy of the final Planning and Zoning Commission Resolution b) The conditions of approval printed on the cover page of the building permit set. c) An Excavation Stabilization Plan that will show the extent of the excavation, the location of constriction fences azound the excavation, erosion control measures, spot elevations at the top and bottom of cuts, and site-specific construction drawings of the excavation and stabilization measures. The Excavation Stabilization Plan must be stamped by a Colorado Professional Engineer. For all excavation, the Contractor must comply with neighbor notification requirements stated in Section 3307 of the 2003 International Building Code. d) A Site Grading Plan stamped by a Colorado Professional Engineer, to ensure that the grading plan agrees with the drainage plan. Plans must J demonstrate positive drainage away from structures as required by the Building Code (IRC - R401.3 and IBC - 1805.3.4). e) A Drainage and Erosion Control Plan and Report stamped by a Colorado Professional Engineer. On-site drainage is to be designed in accordance with the City of Aspen Engineering Design and Construction Standazds. IBC Section 3307.1 requires that provisions be made to control erosion. The City requires a plan that shows the location of erosion control measures, drainage patterns, and details of erosion control structures. The plan must include notes that describe how erosion control measures will be regularly maintained. The erosion control plan must show the location of mud racks, the location of water for washing tires and the retention of the wash water. f) A soils and foundation report shall be reviewed and accepted by the City Engineer with the Building Permit. g) A construction management plan that details the proposed method and means by which the site will be accessed with excavation and grading equipment during construction. This plan shall also detail the proposed construction pazking, which shall demonstrate that except for essential trade trucks, no other personal trucks aze to be pazked in the area around the site. h) The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m, Monday through Saturday. i) Documentation evidencing the transfer of floor area from the sending site Lot lA, Second Aspen Company, allowing the expansion to the Carriage House on Lot 6&7, Second Aspen Company. 5. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Section 2: If the carriage house does not comply with the mandatory occupancy standazds of the Aspen/Pitkin County Housing Authority for a mandatory occupancy unit and is found to be non-compliant, the improvements will be required to be removed. Section 3• The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) yeazs from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the ~ ~ City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 6 & 7, Second Aspen Company, by Resolution No.30, Series of 2008, of the Aspen Planning and Zoning Commission. Secfion 4• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5• This resolution shall not affect 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 6: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 16th day of September, 2008. APPROVED AS TO FORM: im True, Special Counsel ATTEST: ~p .,..'~,clc~'~ ~i,-~i.rg„t , PLAN AND ZONING COMMISSION: rspamer, C air Jackie Lothian, Deputy City Clerk Exhibit A -Approved Drawing Attached I i ~`.: ~. /'-. tirr I__ - _,__ -- Fe 44 iE ~ _~ SE - 8 ,~ ~~~'~~ ~_ _ _ _ b ~~3 ~--;~~ oa ~ ~~ o~ ~~- d' gp99 8 ___ _ ~kg sE8 ___ ~' 1€ s ~ P of _ os ~Is e ~€ o o ~ ~' A i e i?;~iv Ft ~~ti~w ~f/~-n 7L ~"l~ 7 (Y, I i i __ _ - __ I ~_ e _ - -RS - - i i ' . ~ ~_ ~`-I-J"* '- ____ -C-_i o ~ I i i €~ --~°l'J -_~ ~~ e ~€ 4 ~4 §! e~ e~ D n m Z ~~ a ~ a I~'~t ~ ~ s oA t ° ~ ~ yy $ _. g O(A ~'.^^, - __ _. ~ o .fie,. r `, ~. ,~ -~ --- ---o ~. e I e~ ~r r P a G1 Paz C z C. W z ~ a °° o o c _~ a Wz >Q ~~ ~rt ~ ~~ ~.. N 6 G E 9' 3 u x c 0 m 'o 0 b '1 y_ S m A m n m °e 0 0 z a S G m f A W O Y D D n z m Z .•. MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Errin Evans, Current Planner THRU: Jennifer Phelan, Deputy Community Development Director ~ V 1 DATE OF MEMO: September 11, 2008 MEETING DATE: September 16, 2008 RE: 860 Roaring Fork Road -Special Review APPLICANT /OWNER: Laura and Gary Lauder REPRESENTATIVE: Alice Davis, Davis Horn Incorporated LOCATION: Address - 860 Roaring Fork Road; Legal Description - Lot 6 & 7, Second Aspen Company; Parcel Identification Number - 2735-121-04- 013 CURRENT ZONING cSc USE Located in the Moderate Density Residential (R-15) zone district, containing a single family home and a carriage house. PROPOSED LAND USE: The Applicant is requesting permission to expand the Carriage House by 379 square feet of floor area and to construct a portion of the addition sub-grade. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve this request to expand the carriage house by 379 square feet of floor area and construct a portion of the addition sub grade. SUMMARY: The applicant has requested Special Review approval from the Planning and Zoning Commission for an addition to a mandatory occuoancv Carriage House. Photo of the Revised 9/9/2008 Page I of 11 . ~~ +Sz n .., .~. I ~ N 60 R ari g d ~; . w may' ,~ re r ~~ l,:;,. \\\ / J ', ` ~ ~ - 1 / (/ t `~ 1y ~~~~ ~~.~ i ' ! ~ / ~~ `^ ~ \ 8 dR ring, kiotid ~ ,. ~,, ~ ~ ~ _ ti `_ ~ ~ _ .~ `~~y ~ _ •. o ~ \\ ~~-- ~ * ' ~ , o s ~ ~ . ~ .r " 4( _ 1 ~ \ ~a Legend 1 ~\ ~ Su~~~F>a~ ~ ~w-- ` R~~; ~ ~ Cd~BCUnaary T:akwravs `~ ~ 0 go ~ j(j0 ~a F88t Figure 1: Vicinity Map BACKGROUND: The applicant proposes to expand the existing Carriage Houser on the property located at 860 Roaring Fork Road. To receive approval they are required to undergo Special Review by the Planning and Zoning Commission because a portion of the proposed addition is sub-grade and for increasing the net livable floor area on a mandatory occupancy, non-conforming carriage house over the net livable size permitted by the design standards in the Land Use Code Section 26.520.050. The proposed addition of 379 square feet of floor area satisfies Code requirements as it meets the maximum size for a Carriage House of 1,200 square feet of floor area, yet net livable space ~ City of Aspen Land Use Code Definitions Section 26.104.090 Both accessory dwelling units and carriage houses aze deed restricted dwelling units and share the same definition. Carriage House - A deed restricted dwelling unit attached to or detached from a principal residence situated on the same lot or pazcel, and which meets the occupancy, dimensional and other requirements set forth in Section 26.520 of this Title, and set forth in the Aspen Pitkin County Housing Guidelines. The Code specifies the same definition for accessory dwelling units. The only d~erence between the two is outlined in Sec[ion 26.520.050 -Design Standards refer to size and requires that an ADU must contain between 300 and 800 net livable square feet, l0% of which must be a closet or storage area. A Carriage House must contain between 800 and 1,200 net livable square feet, 10% of which must be closet or storage area. Revised 9/9/2008 Page 2 of 11 exceeds the net livable design standrsd for Carriage Houses by 431 squaze feet of net livable area. The proposed addition will therefore consist of: Existing Floor Area 820 sq ft Net Livable Area 1,287 sq ft Proposed Total 379 sq ft 1,199 sq ft 431 sq ft 1,718 sq ft The addition will increase the carriage house from 1,287 of net livable azea squaze feet by 431 square feet for a total of 1,718 net livable azea. The maximum net livable azea is defined in a different manner than floor area.z The total proposed floor area of the carriage house is 1,200 square feet as calculated by Section 26.575.020 Calculations and Measurements in the Land Use Code. There are some exemptions when calculating floor area that do not pertain to net livable area. When the lot was originally developed it was constructed as conforming. Since then, there have been changes to the Land Use Code. There is now more floor azea on the lot than allowed, creating the non-conformity with respect to floor azea. The applicant would like to add to the carriage house to better accommodate a local family. The carriage house is occupied by the applicant's long term caretaker family, the Seeman family, who has worked for the applicant for more than ten yeazs. The addition will permit a third bedroom, a second bathroom, an eating area and a new family room. In 2008, Ordinance No. 7 of Series 2008 was adopted, initiated by the Lauder family. This ordinance allows by Special Review, non-conforming ADU's or Carriage Houses to be enlazged by up to 500 square feet of floor area with some provisions. LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the Planning and Zoning Commission to expand and renovate a carriage house: ~ecia] Review as pursuant to Section 26.520.080 (D) of the Land Use Code. The applicant is requesting two variances from the design standards governing the development of accessory dwelling units and carriage houses. This requires the request be processed under Special Review as pursuant to Chapter 26.430.050, Design Standazds for Accessory Dwelling Units and Cariage Houses, for building a portion of the carriage Z City of Aspen Land Use Code Definitions Section 26.104.090 Net Livable Area -The area available within a building for habitation and human activity measure from interior wall to interior wall, including the interior partitions and inclusive of, but not limited to, habitable basements and interior storage areas, closets and laundry areas; but excluding uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (attached or unattached), patios, decks and porches. Floor Area -The sum total of the gross horizontal areas of each story of the building measured from the exterior walls or from the centerline of [he party walls. (See Supplementary Regulations -Section 26.575.020, Calculations and Measurements). Revised 9/9/2008 Page 3 of 11 house sub grade and to increase the permitted net livable area of a Carriage House. The Special Review shall be considered at a public hearing before the Planning and Zoning Commission who may approve, approve with conditions or deny the proposal. • Special Review as pursuant to Section 26.312.030, Nonconforming Structures of the Land Use Code for increasing anon-conforming caniage house. This application involves increasing the permitted floor azea by 379 square feet pursuant to the review standards in Ordinance No. 7 of Series 2008. The Plannin¢ and Zoning Commission is the final review authority, who may approve, approve with conditions, or deny the proposal. STAFF COMMENTS Variances from the design standazds When an accessory dwelling unit or can•iage house is built, it is required to meet certain design standards as required by the Land Use Code. Some of these standazds refer to minimum and maximum sizes, kitchen appliances, bathroom facilities, pazking stalls, access, snow shedding, and deed restrictions. The applicant is requesting a vaziance from two of the standazds listed under the requirements for design standards for Accessory Dwelling Units and Carriage Houses as pursuant to Land Use Code Section 26.520.050. In review standard (1), the size of a carriage house is limited to a size of net livable area between 800 and 1200 square feet. The proposed addition would result in a carriage house that has 1,718 square feet of net livable area. This is larger than the 1200 square feet permitted. The increase in net livable space will make this a more desirable unit for a caretaker family; however; our department regulates land use not residents. These are fundamentally different. Community Development staff support the application. Staff does not see any issues with the current use or the proposed use of the carriage house but has concerns over future use. There is some enforcement available to ensure that the carriage house is occupied by a employee working in Pitkin County approved by the Aspen/Pitkin County Housing Authority (APCHA). To ensure compliance, the Commission may wish to add anon-compliance clause to the resolution stating that if the carriage house does not fit the standards of APCHA for a mandatory occupancy unit, the improvements will be required to be removed. The Community Development staff also recommends creating a Building Permit file for the sending property that is currently a vacant lot that will alert the staff to check the plat for deductions made to allowable floor area. The sending property will also have the reductions recorded on the plat by a document that is approved by the City Attorney. Revised 9/9/2008 Page 4 of 11 .-~ 5 North Rear View Figure 2: Proposed addition: the portion that is slightly shaded. Review standard (4) requires that the finished floor height of an ADU or carriage house to be entirely above grade. In this application there is a portion of the proposed addition to be constructed sub grade. The lower level of the addition is partially garden level and partially sub- grade (see Figure 2 above). The new bedroom has two windows to create desirable living azea and the new family room is entirely above grade. The proposed floor plans are included in the application. Please refer to Exhibit C. The small addition to the carriage house creates a much improved living situation and staff supports the request. Increasing Non-conforming Structures The property is non-conforming because the amount of floor area exceeds the allowable amount. At the time of construction, the development was conforming; however the Land Use Code has since changed and created the non-conformity. It is not possible to add on to the principal dwelling. The carriage house is only eligible because it is deed restricted as a mandatory occupancy unit under APCHA. Ordinance No. 7 of Series 2008, initiated by the Applicant, allows for some exceptions to increase the size of non-conforming structures. This ordinance amended Section 26.312.030 of the Land Use Code -Non-conforming structures. Under the new ordinance, mandatory occupancy Accessory Dwelling Units and Carriage Houses may be eligible to apply For expansion with the extinguishment of unused floor area from a sending property to a maximum of 500 square feet. The carriage house currently has 820 square feet of floor area. The proposed addition will add 379 squaze Feet of floor area for a total of 1,199 square feet. The maximum size for a carriage house is 1,200 square feet of net livable area. The subject carriage house currently has 1,287 square feet of net livable area. The applicant would like to increase the unit by an additional 431 square feet of net livable area. The addition is concentrated to the reaz of the building and is partially sub grade. The increase to the bulk and Revised 9/9/2008 Page 5 of 11 n ....r .~. mass of the building is quite minimal and is not predicted to have any adverse effects on the surrounding neighborhood. DEVELOPMENT REVIEW COMMITTEE: When the application was originally submitted the deck was located partially into the Aspen Consolidated Sanitation District sewer easement. The applicant has submitted revised plans that have remedied this situation. The revised plans are included in Exhibit C. RECOMMENDATION: Community Development Staff recommend that the Planning and Zoning Commission approve of the three Special Reviews for the carriage house located at 860 Roaring Fork Road. The predicted impacts are quite minimal and the addition will not result in a structure that exceeds the permitted size for carriage houses. PROPOSED MOTION: "I move to approve Resolution No. ~~ Series of 2008, to approve the Special Review Procedures for the variance from the residential design standazds for sub grade area and net livable area shown as submitted and the increase in permitted floor area for non-conforming structures for the carriage house located at 860 Roaring Fork Road." ATTACHMENTS: Exhibit A -Staff findings Exhibit B -Ordinance No. 7 of Series 2008 Exhibit C -Application and Supplement to the Application Revised 9/9/2008 Page 6 of 11 RESOLUTION N0. ~_© (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING OMMISSION APPROVING THREE SPECIAL REVIEWS FOR THE EXPANSION OF AN ACCESSORY DWELLING UNIT LOTS 6 AND 7, SECOND ASPEN COMPANY SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO, COMMONLY KNOWN AS 860 ROARING FORK ROAD. Parcel No. 2735-121-04-013 WHEREAS, the Community Development Department received an application from Gazy and Lauder represented by Alice Davis of Davis Horn, Inc., requesting approval of Special Review for the expansion of carriage house on Lot 6 &7, Second Aspen Company, City of Aspen; and, WHEREAS, the subject property is approximately 1.49 acres and is located in the Moderate Density Residential R-15 Zone District; and, WHEREAS, the cazriage house is considered anon-conforming structure and is subject to Special Review, pursuant to Land Use Code Section 26.312.030, Non-conforming structures; and, WHEREAS, Land Use Code Section 26.312.030 was amended by Ordinance No. 7 of Series 2008, to permit additional floor area on properties with a mandatory occupancy accessory dwelling unit and which are legally established nonconformities with respect to floor area; and, WHEREAS, the carriage house expansion will be constructed partially sub grade and the net livable area will be increased to 1,718. These variances are subject to Special Review, pursuant to Land Use Code Section 26.520.050, Accessory Dwelling Units and Carriage Houses -Design Standards; and, WHEREAS, the Planning and Zoning Commission may approve or deny a variance to the Accessory Dwelling Units and Carriage Houses Residential Standards in conformance with the review criteria established in Land Use Code Section 26.520.050, Accessory Dwelling Units and Carriage Houses, Design Standards; and 26.430.040 Review Standards for Special Review and 26.520.080 Special Review Procedures for Accessory Dwelling Units and Carriage Houses; and WHEREAS, the Planning and Zoning Commission may approve or deny an expansion of anon-conforming Accessory Dwelling Unit or Carriage House when floor area from a sending property is extinguished and transferred to a mandatory occupancy Accessory Dwelling Unit or Carriage House to a maximum of 500 square feet. The application must be in conformance with the review criteria established in Land Use Code Section 26.312.030, Non-Conforming Structures, Ordinance No. 7 of Series 2008 (amending that Code Section) and 26.430.040 Review Standards for Special Review; and WHEREAS, the Community Development Department has reviewed the proposal and recommended that the Planning and Zoning Commission approve with the three requests for Special Review; and, .~. r~ WHEREAS, during a duly noticed public hearing on September 16, 2008, the Planning and Zoning Commission approved with conditions, by a - vote, the land use request; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standazds and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the 860 Roaring Fork Road Special Review to expand the mandatory occupancy Carnage House on Lots 6 & 7, Second Aspen Company, is hereby approved with the following conditions: 1. The expansion to the carriage house shall be no greater than 379 square feet of floor area. The total floor azea of the carriage house shall not exceed 1,200 square feet of floor azea and not more than 1,718 square feet of net livable azea. 2. No further development shall occur on Lot 6 & 7, Second Aspen Company other than what is approved by Resolution No. ,Series of 2008. 3. An approved tree permit from the Parks Department will be required before any demolition or significant property changes take place. The tree permit must be approved prior to submission of the building permit. Mitigation for removals will be paid cash in lieu or adjacent to the site. Any excavation under the drip line permit will need to be approved along with the tree permit. 4. The building permit application shall include the following a) A copy of the final Planning and Zoning Commission Resolution b) The conditions of approval printed on the cover page of the building permit set. c) An Excavation Stabilization Plan that will show the extent of the excavation, the location of constriction fences around the excavation, erosion control measures, spot elevations at the top and bottom of cuts, and site-specific construction drawings of the excavation and stabilization measures. The Excavation Stabilization Plan must be stamped by a Colorado Professional Engineer. For all excavation, the Contractor must comply with neighbor notification requirements stated in Section 3307 of the 2003 International Building Code. d) A Site Grading Plan stamped by a Colorado Professional Engineer, to ensure that the grading plan agrees with the drainage plan. Plans must demonstrate positive drainage away from structures as required by the Building Code (IRC - R401.3 and IBC -1805.3.4). e) A Drainage and Erosion Control Plan and Report stamped by a Colorado Professional Engineer. On-site drainage is to be designed in accordance with the City of Aspen Engineering Design and Construction Standards. IBC Section 3307.1 requires that provisions be made to control erosion. The City requires a plan that shows the location of erosion control measures, drainage patterns, and details of erosion control structures. The plan must include notes that describe how erosion control measures will be regularly maintained. The erosion control plan must show the location of mud racks, the location of water for washing tires and the retention of the wash water. f) A soils and foundation report shall be reviewed and accepted by the City Engineer with the Building Permit. g) A construction management plan that details the proposed method and means by which the site will be accessed with excavation and grading equipment during construction. This plan shall also detail the proposed construction parking, which shall demonstrate that except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The management of the Aspen Alps Condominium Association shall be consulted in the preparation of the Construction Management Plan. h) The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m, Monday through Saturday. i) Documentation evidencing the transfer of floor area from the sending site Lot lA, Second Aspen Company, allowing the expansion to the Carriage House on Lot 6&7, Second Aspen Company. 5. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Section 2: If the carriage house does not comply with the standards of the Aspen/Pitkin County Housing Authority for a mandatory occupancy unit and is found to be non- compliant, the improvements will be required to be removed. Section 3: The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 6 & 7, Second Aspen Company, by Resolution No._, Series of 2008, of the Aspen Planning and Zoning Commission. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5• This resolution shall not affect 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 6: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 16th day of September, 2008. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jim True, Special Counsel L J Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk Exhibit A -Approved Drawing Attached ~, °~ ~.s' Exhibit A SPECIAL REVIEW CRITERIA: PROCEDURE FOR SPECIAL REVIEW REVIEW CRITERIA AND STAFF FINDINGS As pursuant to Section 26.520.080 Procedures for Special Review of the City Land Use Code, an applicant can apply to vary the design standards of an Accessory Dwelling Unit or Carriage House. A Special Review for an ADU or Carriage House may be approved, approved with conditions, or denied based on conformance with the following criteria: A. Standards of Review. 1. The proposed ADU or Carriage House is designed in a manner which promotes the purpose of the ADU or Carriage House program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability: Stafl~Finding The addition will create a much improved living situation for the caretaker family. As long as this unit functions as a mandatory occupancy employee housing unit, this is a great addition to the unit. Currently the occupant has three children sleeping in one bedroom. The addition of a third bedroom and a second bathroom will be an asset for the occupants. Staff have suggested to the Planning and Zoning Commission that the applicant should be required to follow the Aspen/Pitkin County Housing Authority requirements for this unit or the addition will be required to be removed. The addition will not adversely affect the zone district or the neighboring properties. Staff fnds this criterion to be met. 2. The proposed ADU or Carriage House is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy and historical significance of the property: Staff Finding The proposed addition to the Carriage House is compatible with the principal residence. The units share a driveway and are separated by a comfortable distance. The Carriage House is significantly smaller and located at a lower elevation than the principal residence. The building materials are similar and the landscaping is site appropriate. There is no historical significance on this property. Stafff:nds this criterion to be met. 3. The proposed ADU or Carriage House is designed in a manner which is compatible with or enhances the character of the neighborhood, considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on- street parking, availability of transit and walking proximity to employment and recreational opportunities: Staff Finding Revised 9/8/2008 Page 7 of 11 ~^ .~. The proposed addition to the Carriage House is compatible with the neighborhood. The addition is located to the rear of the unit and will not be visible from the street frontage. Roaring Fork Road is a low density area with a country theme. The addition to the carriage house is similar in nature to the rest of the surrounding area. The density will increase by one bedroom but the number of occupants will not change at this time. The addition is quite minimal and consists of a family room, a third bedroom and a bathroom. There is adequate on-site parking as well as on street parking to accommodate the expansion. This property consists of a split driveway. The main dwelling is located on the west side of the property and the ADU is accessed off a branch of the driveway to the east. The ADU has its own dedicated parking stall that is not stacked with any other parking stalls of the primary residence. The carriage house is located close to transit and is a short walk to downtown services, recreation and employment. There are no designated view planes restricting the property and it is not located in the Stream Margin Review area. Staff finds this criterion to be met. Revised 9/8/2008 Page 8 of 11 Exhibit A (Continued) ADDITIONAL DEVELOPMENT ON PROPERTIES CONTAINING NON-CONFORMING ACCESSORY DWELLING UNITS REVIEW CRITERIA AND STAFF FINDINGS In addition to Section 26.520.080 (C) of the City Land Use Code, legally established non- conforming ADU's and Carriage Houses that are applying to expand by up to 500 squae feet via a TDR or transferred by anon-historic property shall conform to the following additional criteria. The Planning and Zoning Commission shall consider: 1. Newly established floor area may increase the ADU up to a cumulative maximum of 500 square feet of floor area and is required to be mitigated by either of the following two options: a) Extinguishment of Historic Transferable Development Right Certificates. A property owner may increase the ADU by extinguishment of a maximum of two certificates with a transfer ratio of 250 square feet of floor area per each certiScate. b) Extinguishment of unused floor area from another property. A property owner may increase the maximum floor area of another property for the purpose of increasing the size of an ADU by extinguishment of a maximum of 500 square feet of available un-built floor area from one property to the ADU. Staff Finding The applicant will be using unused ,floor area from Lot ]A, Second Aspen Company Subdivision, a vacant property, to increase the square footage of the ADU by 379 square feet. The sending property allocates floor area not net livable area. As a result, the carriage house will have 1,199 square feet of floor area. A Special Review is required to exceed the permitted amount of net livable area of the carriage house. Previously, 120 square feet were added to the permitted floor area of the ADU by the same process. Staff finds this criterion to be met. 2. The additional floor area is a conversion of existing square footage which was not previously counted in floor area or the additional floor area creates a more desirable, livable unit with minimal additional impacts to the bulk and mass of the ADU structure. Sta f Finding As per the application, there will be some reconfiguration of the existing floor area that is considered storage space where the stairs and closets are located. The amount is very small and mostly a result of the renovation and the addition. The net gain in square footage is 379 square feet. The addition will be located at the rear of the ADU and is not visible from the street. The applicant has been strategic in keeping the increase in massing to a minimum. A portion of the addition will be sub grade and the changes will not be noticeable from any of Revised 9/8/2008 Page 9 of 11 r~ .,. the surrounding properties. Please view the three dimensional drawings submitted with the application for details. The addition consists on a third bedroom, a second bathroom and a family room. The family residing in this unit currently has three children in one bedroom. The extra space will defnitely be an asset for this unit and the caretaker family. The portion of the ADU that is adjacent to the sub grade walls are mostly comprised of closet space and stair wells. The new bedroom will have two windows and the family room will be located above grade. Stafffinds this criterion to be met. 3. The additional floor area creates a unit which is more suitable for caretaker families. Staff Finding As mentioned in the previous criteria review, the ADU will be much better suited for a family with the extra space. The addition will consist of a family room, a third bedroom and a second bathroom for this family offive. Stafffinds this criterion to be met. 4. The increased impacts from the larger size are outweighed by the benefits of having a larger, more desirable ADU. Staff Finding There will be few impacts from the increased size of the ADU. During construction there may be some disruption to the surrounding properties, however after the construction is complete, there are no other impacts predicted. The visual impacts from the addition are quite minimal. The applicant has proposed additional screening to minimize potential impacts to the Rio Grande Trail located north of the property. Between the subject property and the trail there is a vacant lot that will also contribute to the screening of the addition when the vacant lot is developed. The additional space for the caretaker family will greatly improve their quality of life from its current cramped arrangement and outweigh any impacts that are created as a result of the addition. Stafffinds this criterion to be met. 5. The area and bulk of the ADU structure, after the addition of the bonus floor area, must be compatible with the surrounding uses and the surrounding neighborhood. Staff Finding After the addition to the ADU, the structure is still much smaller than the other homes in the neighborhood. The addition is quite small in nature and should not alter the current state of compatibility in the area. Stafffinds this criterion to be met. 6. For the transfer of allowable floor area through the use of Historic Transferable Development Right Certificates, the certiTicates shall be extinguished pursuant to Chapter 26.535, -Transferable Development Rights. Staff Finding This ADU addition is receiving Jloor area allotments from anon-historic sending property. Staff recommends creating a building permit file in addition to recording the transfer so that the information is easy for staff to use. Stafffinds this criterion to be met. Revised 9/8/2008 Page 10 of 11 r^~ 8. For the transfer of allowable floor area from anon-historically designated property to an ADU deed-restricted as a mandatory occupancy unit, the applicant shall record an instrument in a form acceptable to the City Attorney removing floor area from the sending property to the mandatory occupancy ADU. Staff Finding The applicant will provide a copy of the appropriate document for review by the City Attorney. The document will be similar to the one used for the first transfer of floor area. Staff finds this criterion to be met. Revised 9/8/2008 Page 11 of 11 EXNtQ~T 6 ORDINANCE No. 7 (Series of 2008) AN ORDINANCE OF THE ASPEN C[TY COUNCIL, ASPEN, COLORADO, DETERMIMNG THAT AMENDMENTS TO THE FOLLOWING CHAPTER AND SECTION OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.312.030 -NONCONFORMING STRUCTURES - MEET APPLICABLE STANDARDS OF REVIEW. WHEREAS, previous amendments to Section 26.312.030 submitted by Gary and Laura Lauder, 850 Roaring Fork Road, Aspen, CO were adopted in Ordinance 35, Series of 2004, but were not codified; and, WHEREAS, after meeting with the Lauder representatives, the Community Development Director requested that the representatives submit an amendment to the Land Use Code, pursuant to Chapter 26.208, to clarify the adopted language; and, WHEREAS, the requested amendment is to Section 26.312.030 C., Extensions, of the Land Use Code and would permit additional floor azea on properties with a mandatory occupancy accessory dwelling unit and which are legally established nonconformities with respect to floor azea; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed for approval, approval with conditions, or denial by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, during a duly noticed public hearing on Februazy 19, 2008, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Nonconforming Structures, as described herein, by a vote of six to zero (6-0); and, WHEREAS, the Aspen City Council finds that the proposed text amendments to the meet or exceed all applicable standards pursuant to Chapter 26.310 and that the approval of the amendments is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, during a duly noticed public hearing on May I2, 2008, the Aspen City Council approved amendments to the text of Nonconforming Structures, as described herein, by a vote of five to zero (5-0); and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL as follows: Section 1: Section 26.312.030 -Nonconforming Structures, shall read as follows: Sec. 26.312.030. Non-conforming structures. A. Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter. B. Normal maintenance. Normal maintenance to nonconforming structures may be performed without affecting [he authorization to continue as a nonconforming structure. C. Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. 1. Historic structures. The first exception to this requirement shall be for a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures. Such structures may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between buildings on a lot and may be enlarged, provided, however, such enlazgement does not exceed the allowable floor area of the existing structure by more than five hundred (500) square feet, complies with all other requirements of this Title and receives development review approval as required by Chapter 26.415. 2. Mandatory occupancy Accessory Dwelling Units and Carriage Houses. The second exception to this requirement shall be for a property with a detached Accessory Dwelling Unit or Carriage House ("ADU") having a mandatory occupancy requirement. Such a detached ADU may be enlarged or expanded by up to five hundred (500) square feet of floor area, provided that this bonus floor area shall go entirely to the detached ADU and also provided that the ADU does not exceed the maximum size allowed for an ADU or carriage house. The enlazgement or expansion must comply with all other requirements of this Title and shall receive development review approval as required herein. a) Procedure. The procedure for increasing the maximum floor area of a property for the purpose of increasing the size of an ADU requires the submission of a development application. The development application shall be processed under Chapter 26.430, Special Review. b) Review Standards. An application for increasing the floor area of a property for the purpose of increasing the size of an ADU shall meet the standards in Section 26.520.050, Design Standards, unless otherwise approved pursuant to Section 26.520.080Special Review, as well as the following additional review standards: (1) Newly established floor area may increase the ADU up to a cumulative maximum of 500 sq. fl. of floor azea and is required to be mitigated by either of the following two options. (a) Extinguishment of Historic Transferable Development Right Certificates ("certificate" or "certificates"). A property owner may increase the ADU by extinguishment of a maximum of two certificates with a transfer ratio of 250 sq. ft. of floor area per each certificate. Refer to Chapter 26.535 for the procedures for extinguishing certificates. (b) Extinguishment of unused floor area from another properly. A property owner may increase the maximum floor area of a property for the purpose of increasing the size of an ADU by extinguishment of a maximum of 500 square feet of available un-built floor area from one property to the ADU. (2) The additional floor area is a conversion of existing squaze footage which was not previously counted in floor area. (Example: storage space made habitable. or [he additional floor area creates a more desirable, livable unit with minimal additional impacts to the bulk and mass of the ADU structure. (3) The additional floor area creates a unit which is more suitable for caretaker families. (4) The increased impacts from the larger size are outweighed by the benefits of having a larger, more desirable ADU. (5) The area and bulk of the ADU structure, after the addition of the bonus floor area, must be compatible with surrounding uses and the surrounding neighborhood. (6) For the transfer of allowable floor azea through the use of Historic Transferable Development Right Certificates, the certificates shall be extinguished pursuant to Chapter 26.535, Transferable Development Rights. (7) For the transfer of allowable floor area from anon-historically designated property to an ADU deed-restricted as a mandatory occupancy unit, the applicant shall record an instrument in a form acceptable to the City Attorney removing floor area from the sending property to the mandatory occupancy ADU. D. Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to [he standards and requirements of the zone district in which it is located. E. Unsafe structure. Any portion of a nonconforming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance and which is declared unsafe or unlawful by a duly authorized city official, but which an owner wishes to restore, repair or rebuild shall only be restored, repaired or rebuilt in conformity with the provisions of this Title. F. Ability to restore. 1. Non-purposeful destruction. Any nonconforming structure which is demolished or destroyed by an act of nature or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is issued within twenty-four (24) months of the date of demolition or destruction. 2. Purposeful destruction. Any nonconforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the curent provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming in regards to the permitted demsity of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is issued within twelve (l2) months of the date of demolition or destruction.* *A duplex or two single-family residences on a substandard parcel in a zone district permitting such use is a nonconforming structure and subject to nonconforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the Code including single-family floor area requirements. (Ord. No, 1-2002, § 6 [part]; Ord. No. 9-2002, § 5; Ord. No. 35-2004, § 1) Section 2: This Ordinance shall not affect 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 recommended, and the same shall be cohducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: A public hearing on this ordinance shall be held on the 12th day of May, 2008, at a meeting of the City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a pubhc notice of the same shall be published in a newspaper of 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 24'" day of March, 2008. Attest: ~,; ~ ,~ L ~1~ s~ o Kathryn S. Ko , Cit Clerk Michael . Ir and, Mayo FINALLY, adopted, passed and approved this 12th day of May, 2008. Attest: ~J~GL Kathryn S. K h, ty Clerk Sr a Michael C. r land, Mayor Approved as to form: `Cii-y ttorney ~(~ ui61 i C, ~t , ~ L _,J Davis Horn~• ~ PLANNING & REAL ESTATE CONSULTING A C ~ `°~~G~/`o~ ~~ 1ooe O May 22, 2008 D<cG~ a~F~L Jason Lasser, Planner yp Aspen Pitkin Community Development Department 130 South Galena Street Aspen, CO. 81611 RE: Lauder Land Use Application: Expansion of aNon-conforming Mandatory Occupancy Carriage House Accessory Dwelling Unit (ADU) Deaz Jason: Davis Horn Inc. and Kaufman, Peterson and Dishler P.C. represent Laura and Gary Lauder who own a primary residence and a detached Carriage House (ADU) in the Second Aspen Company Subdivision at 860 Roaring Fork Road in the City of Aspen. See Attachment 1 for a vicinity map. The Lauders and their caretakers, Chris and Lynn Seeman, aze requesting approval for a 380 square foot expansion to the ADU as is allowed by the Code pursuant to Section 26-312. This land use application includes the following sections: Background; Proposed Development; Land Use Reviews: Section 26.304 Common Development Review Procedures; Section 26.312.030 C(2) Non-Conforming Structures; Extensions (As amended by Ordinance #7 of 2008); Section 26.430.050 to .070 Procedure for Special Review Approval; Section 26. 520.080 D Special Review -Accessory Dwelling Units; Summary BACKGROUND The primary residence and the detached mandatory occupancy ADU on the Lauder property aze non-conforming with regard to floor area as the entire ADU was exempt from floor area calculations when it was built in 1999, but the floor area floor area exemption used was eliminated soon after the property was developed. ALICEDAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180 adavis@roEnet ghorn@rof.net In 2004 the City Council adopted Ordinance 35, a code amendment which allows expansion of up to 500 squaze feet of floor azea in an ADU with a mandatory occupancy restriction which is non-conforming with regard to floor azea, as long as the resulting ADU is within the maximum size allowed by the Code, and as long as the bonus floor area goes entirely into the ADU. The Lauders initiated this code amendment in 2004 in conjunction with the City Council in order to expand their detached ADU to make the unit lazger and more livable for their long term cazetaker family. In 2003, the maximum size allowed for a Carriage House ADU was increased from 700 to 1200 square feet. Since 1200 squaze feet was now allowed for a Carnage House ADU and since a 500 squaze foot bonus was available with Ordinance #35 of 2004, the Lauders requested and obtained approval for a minor 120 squaze foot addition to their ADU in 2004. Approval to expand the ADU by the remaining 380 squaze feet of available floor area (SOOsf less the 120sf already approved and built) is now being requested in order to expand their detached Carriage House ADU to make it lazger and more suitable for the growing Seeman cazetaker family. In May of 2008, City Council adopted Ordinance 7 of 2008 which made clazification and format changes to Section 26.312 C of the Code, the section created by Ordinance #35 of 2004 regazding extensions to mandatory occupancy ADUs which aze non-conforming with regazd to floor azea. The essence of the floor area bonus has not changed with this Code amendment. The current approval is being requested pursuant to this new legislation found in Ordinance #7 of 2008. A copy of Ordinance #7 is found in Attachment 2. PROPOSED DEVELOPMENT The Lauders aze requesting approval for an expansion to their Carriage House in order to make the unit lazger, more livable and desirable for their long-term cazetaker family, Chris and Lynn Seeman and their children. The Seemans have worked for the Lauder family for over ten years. Chris has been a working caretaker in the valley for almost 22 years. The unit will be increased from a two bedroom two bath layout to a more livable three bedroom, three bath layout with a new family room. In the current ADU configuration, the three Seeman children, ages 12 months to 8 yeazs old aze living in one, 8 %: x 11 foot bedroom. The proposed expansion will extend the existing home to the reaz (north) 13'-5 %". By also remodeling the azea with the existing stair down to the basement, we are able to create a new family room above grade and an additional bedroom with a bath in the basement. The proposed addition will be where the required off street parking space is now, so a new parking space will be developed behind the addition. The natural grade slopes steeply at the back of the unit so the parking azea will need to be supported by a retaining wall similar to the way it is currently configured. The retaining wall and the entire rear side of the unit will be screened with extensive landscaping. The addition is an extension of an existing shed roof off the rear of the ADU structure and will not be visible from the front, street elevation. -2- rv These improvements will greatly enhance the livability and utility of the ADU and will create a family oriented detached Carriage House. The sma11380 squaze foot addition will create minimal impacts, especially when considering the more than offsetting benefits associated with this desirable family oriented affordable unit built without public subsidy. With the extensive existing and proposed landscaping, the 380 squaze foot addition will not generate significant visual or other azea and bulk impacts. Please refer to Attachment 2, the floor plans, elevations and the landscaping plan for the proposed ADU addition. The proposed addition, in combination with the already approved and built 120 squaze foot addition will not exceed the 500 square feet allowed by Section 26.312 C and will be accomplished through the transfer of floor azea from anon-historic property. The calculations for the 380 square feet of non-exempt floor azea needed to accomplish this addition have been submitted for verification to Todd Grange, City of Aspen Zoning Officer. A copy of the information submitted to Todd is found in Attachment 3. LAND USE REVIEWS The sections of the Land Use Code listed in the pre-application conference summary in Attachment 4 will be addressed in this section of the application. The request for the 380 squaze foot addition must comply with the General Procedures and Regulations of Section 26.304 of the Code. This Code section gives the procedures which will be addressed. The standazds in Section 26.312.030.0.2 from Ordinance #7 address the standards regazding the review of additions to mandatory occupancy ADU or Carriage House structures which aze non- conforming with regard to floor azea. Sections 26.430.050 to .070 address the Special Review procedures. Section 26.520.050 gives the design standazds which must be met for ADUs and Carriage Houses. These standazds have been addressed in detail. Last, Section 26.520.080 D provides the process for requesting a vaziance from the design standazds for ADUs. One variance is being requested, so this Code section has been addressed. Section 26.312.030 C 2 - As Amended by Ordinance #7 of 2008 The primary review for this request is Section 26.312.030.0.2 of the Code, Non-conforming structures, Extensions as amended by Ordinance #7 of 2008. This Ordinance states the following: (Code sections aze in italics, while the applicant's comments aze not.) "C. Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. -3- 1. Historic Structures. The first exemption. 2. Mandatory Occupancy Accessory Dwelling Units and Carriage Houses. The second exception to this requirement shall be for a property with a detached Accessory Dwelling Unit or Carriage House ("ADU') having a mandatory occupancy requirement. Such a detached ADU may be enlarged or expanded by up to five hundred (500) square feet of floor area, provided that this bonus floor area shall go entirely to the detached ADU and also provided that the ADU does not exceed the maximum size allowed for an ADU or Carriage House. The enlargement or expansion must comply with all other requirements of the Title and shall receive development review approval as required herein. a) Procedure. The procedure for increasing the maximum floor area of a property for the purpose of increasing the size of an ADU requires the submission of a development application. The development application shall be processed under Chapter 26.430, Special Review. The Special Reviews process is addressed further along in this application. b) Review Standards. An application for increasing the maximum floor area of a property for the purpose of increasing the size of an ADU shall meet the standards in Section 26.520.050, Special Review, as well as the following additional review standards.• (I) Newly established floor area may increase the ADU up to a cumulative maximum of S00 square feet offloor area and is required to be mitigated by either of the following two options. (a) Extinguishment of Historic Transferable Development Right Certificates ("certifcate" or "certificates'). A property owner may increase the ADIU by extinguishment of a maximum of two certificates with a transfer ration of 250 square feet of floor area per each certificate. Refer to Chapter 26.535 for the procedures for extinguishing certificates. (b) Extinguishment of unused floor area from another property. A property owner may increase the maximum size of an ADU by extinguishment of a maximum of S00 square feet of available unbuilt floor area from one property to the ADU. The 380 squaze feet of floor area proposed will exhaust the 500 squaze feet allowed under this section of the Code as 120 squaze feet has been previously approved and built. The proposed 380 squaze feet will be mitigated by option (b), the extinguishment of unused floor area from another property. An instrument acceptable to the City Attorney will be used to transfer from and extinguish the 380 square feet of floor area from the sending property. The instrument used for the first 120 squaze feet of floor area was approved by the City Attorney and will be used as a -4- guide. (2) The additional floor area is a conversion of existing square footage which was not previously counted in floor area (Example: storage space made habitable.) or the additional floor area creates a more desirable, livable unit with minimal additional impacts to the bulk and mass of the ADU structure. Some of the existing square footage which was not previously counted in floor azea (in the reconfigured stairwell and some storage space) will be converted to space counted in floor azea. The entire 380 squaze feet of the additional floor azea will help create a significantly more desirable, livable family oriented affordable housing unit. The increase in the number of bedrooms, creating a large bedroom (the existing bedrooms aze very small), more living area above grade and a large, useable family room will all contribute to the desirability of this ADU. With a thirteen and a half foot expansion to the reaz of the ADU and a large portion of the space being built into the hillside, the area and bulk impacts should be minimal. The retaining wall which will be necessary to accommodate the relocated, required parking will be heavily screened, similar to the retaining wall for the primary residence which is bazely visible. The minimal impacts to the bulk and mass of the ADU structure is more than offset by the benefits of the enhanced livability and desirability of the expanded unit. (3) The additional floor area creates a unit which is more suitable for caretaker families. Increasing the size and utility of the Carriage House to a three bedroom plus family room unit makes it much more suitable for a family. This detached Carriage House structure and the lay of the land is perfect for expansion to a larger unit with an additional bedroom and more above grade space with minimal impacts. The current cazetakers have been with the Lauders for over ten years and have helped with the plans so the unit will better accommodate the needs of a family. A family room, a new bedroom, a new bath and a more functional layout with more area above grade and with more natural light, all contribute to making the unit more suitable for the caretaker family. (4) The increased impacts from the larger size are outweighed by the benefits of having a larger, more desirable, ADU. As discussed in the above two criteria, more azea above grade, the addition of another bedroom and bath and a new family room will add immensely to the desirability, utility and size of the Carriage House. A lot of benefits are achieved with only 380 squaze feet of additional floor area. These benefits far outweigh the minimal impacts generated by the proposed expansion. The visual, bulk and mass impacts are minimal. The view from Roazing Fork Drive is not impacted at all as the addition is to the rear of the unit. Although far away, the addition can be seen from the Rio Grande Trail to the north. Even from the Trail, the impacts are minimal as the Trail is much lower, down the hill by the River and is over three hundred feet away from the structure. -5- ~. Also, there is another lot, now vacant, that can be developed located between the Carriage House ADU and the Rio Grande Trail. The view from the Rio Grande Trail will be heavily screened by on site existing and proposed landscaping. The ADU is much smaller than other homes in the azea viewed from the Trail and visual impact will be insignificant. The benefits far outweigh the impacts and this criteria has been met. (S) The area and bulk of the ADU structure, after the addition of the bonus floor area, must be compatible with surrounding uses and the surrounding neighborhood. The proposed 380 square foot addition does not significantly increase the azea and bulk of the Carriage House. The exterior changes aze minimal, a thirteen and one half foot extension to the north, an extension of an existing shed roof. Views from Roazing Fork Drive are not impacted. The Carriage House will continue to be an asset to the neighborhood, quite compatible with surrounding uses and the neighborhood. Please see the photos of the ADU in Attachment 5. With a total of 1200 squaze foot of floor area and the appeazance of only one level from the street view since the second level falls down the hill to the north, the ADU is much smaller in scale than surrounding uses. The architecture matches the primary residence and compliments neazby residential uses. The desirability of the layout of this family oriented ADU and the compatibility with surrounding uses and neighborhood make this a very desirable addition to the family oriented employee housing inventory. Since the Carnage House is much smaller than neazby residential uses, the azea and bulk is insignificant and will be screened with existing and proposed landscaping. (6) For the transfer of allowable floor area through the use of Historic Transferable Development Right Certificates, the certificates shall be extinguished pursuant to Chapter 26.535, Transferable Development Rights. Historic Transferable Development Right Certificates will not be used. (7) For the transfer of allowable floor area from anon-historically designated property to an ADUdeed-restricted as a mandatory occupancy unit, the applicant shall record an instrument in a form acceptable to the City Attorney removing floor area from the sending property to the mandatory occupancy ADU. The 380 squaze feet of floor area will be transferred from anon-historically designated property. The applicant will record an instrument, similaz to the one reviewed and approved by the City Attorney in 2004, to remove the floor azea from the sending property to the Lauder mandatory occupancy ADU. -6- The above criteria show that the proposed expansion is well within the intent of the floor area bonus given in Section 26.319.C, Non-conforming Structures, Extension. The impacts are minimal from the proposed 380 square foot addition. The applicant agrees to obtain and extinguish floor area from another property in order to transfer that floor azea to the subject property's ADU. The reduction in floor area allowed on a free mazket property will result in a smaller home built on the sending property. Any impacts generated will be more than mitigated by this transfer. Section 26.520.050 Design Standards: Accessory Dwelling Units. The following will show compliance with the design standards for ADUs and Carriage Houses found in Section 26.520.050 of the Code. This section states that all ADUs and Carriage Houses shall conform to the following design standards unless otherwise approved, pursuant to Section 26.520.080, Special Review (for a variance from ADU or Carriage House design standards.): An ADUmust contain between 300 and 800 net livable square feet, 10% ofwhich must be a closet or storage area. A Carriage House must contain between 800 and 1200 square feet net livable square feet, 10% ofwhich must be closet or storage area. The Lauder Carriage House will be within these guidelines. Much more than ten percent of the net livable space will be in closet or storage area. 2. An ADU or Carriage House must be able to function as a separate dwelling unit. This includes the following: (a) An ADU or Carriage House must be separately accessible from the exterior. An interior entrance to the primary residence may be approved, pursuant to Special Review; (b) An ADU or Carriage House must have separately accessible utilities. This does not preclude shared services. (c)An ADU or Carraige House shall contain a kitchen containing, at a minimum, an oven, a stove with two burners, a sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer; and (d) An ADU or Carriage House shall contain a bathroom containing, at a minimum, a sink, a toilet, and a shower. The Lauder Carriage House is detached from the primary residence. It will continue to function as an extremely desirable, separate dwelling unit. All of these standazds will be met and in most cases, will be exceeded. 3. One parking space for the ADU or Carriage House shall be provided on-site and shall -7- ~' ..~ remain available for the benef t of the ADU or Carriage House resident. The parking space shall not be stacked with a space for the primary residence. The Carriage House has a parking space available for the Carriage House and it is not stacked, nor is it neaz the spaces for the primary residence. A driveway to the primary residence branches off and goes directly to the Carriage House and the parking space is on this section of the driveway. The paking space will be moved to the north to allow for the thirteen and a half foot expansion and will continue to meet this standazd. 4. The finished floor height(s) of the ADU or Carriage House shall be entirely above the natural or finished grade, whichever is higher, on all sides of the structure. The use of lower level space is addressed further along in this application as a request for a variance from this requirement will be requested. Much of the addition is above natural or finished grade. The area below grade is part of the variance being requested. The bulk of the below grade space is previously existing. The variance is allowed under Section 26.430.080 D. S. The ADU or Carriage House shall be detached from the primary residence. An ADU or Carriage House located above a garage or storage area shall qualify as a detached ADU or Carriage House. No other connections to the primary residence, or portions thereof, shall qualify the ADU or Carriage House as detached. The Lauder Carriage House meets this condition as it is fully detached and sepazate from the main residence. See the photos in Attachment 5. 6. An ADU or Carriage House shall be located within the dimensional requirements of the zone district in which the property is located. The Lauder Carriage House will be within the dimensional requirements of the zone district after the addition of the proposed expansion squaze footage. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU or Carriage House. If the entrance is accessed via stairs, sufficient means ofpreventing snow and ice from accumulating on the stairs shall be provided. The roof has been well designed to prevent snow and ice from shedding upon the entrance. The front entrance of the home is not being changed or expanded. The roof has been well designed and there have been no snow and ice issues over the four year life of the unit. The proposed addition to the reaz will also meets this criteria. 8. ADUs and Carriage Houses shall be developed in accordance with the requirements of this title which apply to residential development in general. These include, but are not limited to, the Uniform Building Code requirements related to adequate natural light, -8- ventilation, fire egress, fre suppression and sound attenuation between living units. This standard may not be varied. The proposed expansion will meet this requirement in full. 9. All ADUs and Carriage Houses shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may not be varied. The Lauder Carnage House is deed restricted and registered with the Housing Authority. Special Review -Accessory Dwelling Units Section 26.520.080 (D) Special Review. This Section of the ADU chapter of the Code allows a variance from the nine design standards above if approved pursuant to the following criteria. As a vaziance is necessary in order to allow the lower, partially below space to be used for bedrooms in the proposed addition to the Lauder Carriage House, this section has been addressed. The criteria aze given in italics and the responses aze not. This section of the Code states that "An application requesting variance from the ADU and Carriage House design standards, or an appeal of a determination made by the Community Development Director, shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Section 26.304. The Special Review shall be considered at a pubic hearing ... " A Special Review for an ADUor Carriage House may be approved, approved with conditions or denied based on conformance with the following criteria: The proposed ADUor Carriage House is designed in a manner which promotes the purpose of the ADU and Carriage House program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability. The proposed expansion will most definitely further the purposes of the ADU/Carnage House program as it will be a large, extremely desirable, detached Carnage House more suitable for a caretaker family. There aze very few such desirable units. The proposed floor area expansion will increase the livability and utility of the unit and is consistent with the purpose of the zone district. The lower level space makes the unit more suitable for a family. The Lauders have had the current caretakers for over ten years. Their caretakers, the Seeman family, have been a part of the planning of the addition in order to better meet the needs of a caretaker family. 2. The proposed ADUor Carriage House is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical signifcance of the property. -9- ~' The proposed floor azea does not impact the Carriage House's compatibility with the primary residence. The Caniage House and the proposed addition has been and will be built with the same design and materials as the primary residence. It is located off to the side and down a slope from the main residence and compliments the home and the neighborhood. The landscaping is extensive and is consistent through the property. The Carriage House is private, yet complimentary to the main residence, and yet still subordinate in character. The addition in no way takes away from the design and compatibility of the unit. 3. The proposed ADU or Carriage House is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. Please refer to the pictures in Attachment 5. The Carriage House after this expansion will blend in well with surrounding uses, is quite compatible with and enhances the character of the neighborhood. The paking azea next to the Carriage House will provide more than adequate paking for the unit. Pazking and traffic patterns will not be impacted by the addition. Special Review -Section 26.430.050 to .070 These Sections of the Code state the procedure for a Special Review approval including the Common Development Review Procedures in Section 26.304, the public notice requirements of Section 26-304 and the information required for a Special Review application. Section 26.430.070 states that the Community Development Department can recommend and the Planning and Zoning Commission can impose conditions of approval in order to ensure the Special Review use complies with the Aspen Area Community Plan (AACP) and the Land Use Code, and to also ensure that the integrity of the zone district are maintained and the proposed use is compatible with surrounding land uses. All the necessary sections of the Code have been met and the proposed 380 square foot addition to the detached Lauder Carriage House will comply with all necessary standazds and requirements. SUMMARY The applicant is requesting approval to add approximately 380 squaze feet of floor area to the Lauder Carriage House at 860 Roaring Fork Drive. The proposed expansion will extend the reaz of the Carriage House thirteen and a half feet to the north to incorporate a large, above grade family room and some reconfigured interior space on the first level and a new bedroom and bath on the lower level. The addition will fall down the hillside to the reaz, allowing the addition of the lower level bedroom and bath creating a much more desirable layout. The finished unit will -10- u have three bedrooms and three baths plus the large family room. These improvements will make this Carriage House much more desirable, livable and appropriate for a cazetaker family. The Seemans have been caretakers for the Lauder property for over ten years and have been involved in the planning to ensure the space is most appropriate for a cazetaker family's needs. The addition will bring minimal impacts to the bulk and the mass of the Carriage House structure. There is only 380 additional squaze feet of floor azea proposed, the addition falls down the hillside and lazgely out of view, is not visible from Roaring Fork Drive to the front of the property and will be heavily landscaped on the north side of the property where the addition is proposed. Views from Willoughly Way to the north across the Roaring Fork River, will be minimal as the addition is small and extensive landscaping will well screen the Carriage House addition as it already screens the adjacent primary residence. The Carriage House is much smaller and less visible than the primary residence. As anon-conforming structure with regard to floor azea, the request is made pursuant to Section 26.312 of the Code which allows such an expansion if certain criteria are met. The applicant has addressed these criteria and is in compliance. Very few additional impacts will occur as a result of the proposed 380 squaze foot expansion. For mitigation, and as is specified in the Code, the applicant agrees to transfer and extinguish 380 squaze feet of floor area from another property, a sending site, for use in the receiving Carriage House ADU. The extinguished floor azea can never again be used on the sending property. As all the applicable standazds and review criteria have been met, we request approval for this floor area expansion. The following attachments have been included for you review: Attachment 1 - Vicinity Map Attachment 2 - Ordinance #7 of 2008; Attachment 3 - Lauder Carriage House/ADU Addition: Poss Architecture and Planning: Floor Plans, Exterior Elevations, Building Sections, Area Calculations and Demo Floor Plans; Landscaping Plan by Greg Mozian and Associates; Attachment 4 - Expansion Floor Area Calculations submitted to Todd Grange, City of Aspen Zoning Officer for his verification; Attachment 5 - Pre-application Conference Summary; Attachment 6: Pictures of the Lauder Carriage House and Main Residence; -11- Attachment 7 - Proof of Ownership; Attachment 8 - Signed Fee Agreement; Attachment 9 - Authorization to Submit Letter; and Attachment 10 - List of Property Owners Within 300 feet of Subject for Public Notice. Please call if you have any questions or if we have inadvertently neglected to address any of your concerns. Thank you for your assistance in the preparation of this application and we look forward to working with you. Sincerely, DAMS HORN INCORPORATED ~ C~a~~; ALICE DAMS AICP -12- !L•glr•r 'l~nlrr ^~,,. , ,i i ;; l / '~ rc,un '.' ~ ~~R'll i / ,-" '~ ., o,,,, Naked, White Riper ,~.'' ~~. Lady?[ Burlingame Alpine Ski lift Ski Lift o ISpring / g[ l Funnel NatiohA/ forest / A •` ^$ Ski LJ~ B ~ ~ ;Ski Lift 9 c .' WILLOUGgBa ft~ERICNSON RD itC(i ~tOU[7[al/ly •; race RD 19 t~,~ ~ w ~ RD wesr Ranch '- w tlan~•m ~ -.-. B .~~///%//V A REDS C6 m m (nrk 1'ilkin --- 40 ...\'{. on r0 O WRIGNT R RO ~ _ ' lub Sr \lee:l s v° E O ~~ WPP RD L<Ow R41Y NJG S RO LIOUNT v : LV °y ~i f R 2 NT O E Qi '. ERkrNG m Cr w~ Oo .. °OnON Oq pq YK 4ST ry ~' RIJIk ~~ \ Y ~GN/C O P 9p 9 `~ hOYr Ruch Y O$30 q0 I(D c gpCN O SOS MO,t,T '\ ¢ EST4 E MTN VIEW OP °O ~?e S 'O+ ,9 E I• ___._ w M Oq DR SNOWBU W m :. `Y I[kln CJ OE NNE P10GE R0 gpOM ty O BUNNY' CT OQ ='-' -., Re\erve < RDn B4 NCH Red T OUNT4jN 90 qD J ~ oP ~ $. 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'\- 1 a ~°o FPLGOtI PD ~ JJ lSkeLrf[fl/ f ~rti=• m ~_;i aR P° o'" 15 Ldt ! 1 ~ - I n.le~u ~o5°ECjG ~' r.t[n /' f ~ S`il Ski nLift en J DUD tDUV. y V PV ow / Jl (~ P ~~ YFrNUr+ A1I>l'll f<PEE .. "6/ f ) White ~i per N 1 r.NYLIN, ,, Iti};III:III(Iti GYS.~ . ~ 1 atiohal(, forest ~. .FPIIrN!` µ~Y 4q ~'III:Ik;(' j I ~:; Ln R p4r ~ I I D I / .~~ IV/uod (lull .. , i - ,. ~ bkl Ilft -~'~ Itidµ . I,. ~ ~ Ruu Fanny Hdl /~ . ~ i, .,, j ~ ~. „Pw., i ~ +wn. + i i Sam's Knob IJ Skl Lifl 7 " A~TACHMENT_~_ ORDINANCE No. 7 (Series of 2008) AN ORDINANCE OF THE ASPEN CITY COUNCIL, ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO THE FOLLOWING CHAPTER AND SECTION OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.312.030 -NONCONFORMING STRUCTURES - MEET APPLICABLE STANDARDS OF REVIEW. WHEREAS, previous amendments to Section 26.312.030 submitted by Gary and Laura Lauder, 850 Roaring Fork Road, Aspen, CO were adopted in Ordinance 35, Series of 2004, but were not codified; and, WHEREAS, after meeting with the Lauder representatives, the Community Development Director requested that the representatives submit an amendment to the Land Use Code, pursuant to Chapter 26.208, to clarify the adopted language; and, WHEREAS, the requested amendment is to Section 26.312.030 C., Extensions, of the Land Use Code and would permit additional floor azea on properties with a mandatory occupancy accessory dwelling unit and which aze legally established nonconformities with respect to floor azea; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed for approval, approval with conditions, or denial by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, during a duly noticed public hearing on February 19, 2008, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Nonconforming Structures, as described herein, by a vote of six to zero (6-0); and, WHEREAS, the Aspen City Council finds that the proposed text amendments to the meet or exceed all applicable standazds pursuant to Chapter 26.310 and that the approval of the amendments is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen City Council finds that this Ordinance fiuthers and is necessary for the promotion of public health, safety, and welfaze. WHEREAS, during a duly noticed public hearing on May 12, 2008, the Aspen City Council approved amendments to the text of Nonconforming Structures, as described herein, by a vote of five to zero (5-0); and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL as follows: Section is Section 26.312.030 -Nonconforming Structures, shall read as follows: Sec. 26.312.030. Non-conforming structures. ~ `-' .~. A. Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located maybe continued in accordance with the provisions of this Chapter. B. Normal maintenance. Normal maintenance to nonconforming structures may be performed without affecting the authorization to continue as a nonconforming structure. C. Extensions. A nonconforming structure shall not be extended by an enlazgement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. 1. Historic structures. The first exception to this requirement shall be for a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures. Such structures may be extended into front yazd, side yazd and rear yazd setbacks, maybe extended into the minimum distance between buildings on a lot and may be enlazged, provided, however, such enlazgement does not exceed the allowable floor azea of the existing structure by more than five hundred (500) squaze feet, complies with all other requirements of this Title and receives development review approval as required by Chapter 26.415. 2. Mandatory occupancy Accessory Dwelling Units and Carriage Houses. The second exception to this requirement shall be for a property with a detached Accessory Dwelling Unit or Carriage House ("ADU") having a mandatory occupancy requirement. Such a detached ADU may be enlazged or expanded by up to five hundred (500) squaze feet of floor area, provided that this bonus floor azea shall go entirely to the detached ADU and also provided that the ADU does not exceed the maximum size allowed for an ADU or carriage house. The enlazgement or expansion must comply with all other requirements of this Title and shall receive development review approval as required herein. a) Procedure. The procedure for increasing the maximum floor area of a property for the purpose of increasing the size of an ADU requires the submission of a development application. The development application shall be processed under Chapter 26.430, Special Review. b) Review Standazds. An application for increasing the floor area of a property for the purpose of increasing the size of an ADU shall meet the standazds in Section 26.520.050, Design Standazds, unless otherwise approved pursuant to Section 26.520.080Special Review, as well as the following additional review standazds: (1) Newly established floor azea may increase the ADU up to a cumulative maximum of 500 sq. ft. of floor azea and is required to be mitigated by either of the following two options. (a) Extinguishment of Historic Transferable Development Right Certificates ("certificate" or "certificates"). A property owner may increase the ADU by extinguishment of a maximum of two certificates with a transfer ratio of 250 sq. ft. of floor area per each certificate. Refer to Chapter 26.535 for the procedures for extinguishing certificates. (b) Extinguishment of unused floor area from another property. A property owner may increase the maximum floor azea of a property for the purpose of increasing the size of an ADU by extinguishment of a maximum of 500 squaze feet of available un-built floor area from one property to the ADU. r~, W .~ ~ .J (2) The additional floor azea is a conversion of existing squaze footage which was not previously counted in floor azea. (Example: storage space made habitable. or the additional floor azea creates a more desirable, livable unit with minimal additional impacts to the bulk and mass of the ADU structure. (3) The additional floor azea creates a unit which is more suitable for cazetaker families. (4) The increased impacts from the lazger size aze outweighed by the benefits of having a lazger, more desirable ADU. (5) The azea and bulk of the ADU structure, aRer the addition of the bonus floor area, must be compatible with surrounding uses and the surrounding neighborhood. (6) For the transfer of allowable floor azea through the use of Historic Transferable Development Right Certificates, the certificates shall be extinguished pursuant to Chapter 26.535, Transferable Development Rights. (7) For the transfer of allowable floor azea from anon-historically designated property to an ADU deed-restricted as a mandatory occupancy unit, the applicant shall record an instrument in a form acceptable to the City Attorney removing floor area from the sending property to the mandatory occupancy ADU. D. Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the standazds and requirements of the zone district in which it is located. E. Unsafe structure. Any portion of a nonconforming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance and which is declazed unsafe or unlawful by a duly authorized city official, but which an owner wishes to restore, repair or rebuild shall only be restored, repaired or rebuilt in conformity with the provisions of this Title. F. Ability to restore. 1. Non-purposeful destruction. Any nonconfomung structure which is demolished or destroyed by an act of nature or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is issued within twenty-four (24) months of the date of demolition or destruction. 2. Purposeful destruction. Any nonconforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming in regazds to the permitted density of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction.* *A duplex or two single-family residences on a substandazd parcel in a zone district pemritting such use is a nonconforming structure and subject to nonconforming structure replacement provisions. Density on a substandazd paccel is pemutted to be maintained but the structure must comply with the dimensional requirements of the Code including single-family floor azea requirements. (Ord. No. 1-2002, § 6 [part]; Ord. No. 9-2002, § 5; Ord. No. 35-2004, § 1) ~ ~ ... Section 2: This Ordinance shall not affect 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 recommended, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: A public hearing on this ordinance shall be held on the 12th day of May, 2008, at a meeting of the City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of 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 24a' day of Mazch, 2008. Attest: ,J _ ~2. /9~' ' L,~' - - ll~ S/ O Kathryn S. Ko , Cit Clerk L Michael . Ir and, Mayo FINALLY, adopted, passed and approved this 12th day of May, 2008. 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F _a $ w ge e .._ ~ ~~; I Q E 0 ~ i /1/ Y ~~ 0 ~ ~ - - ~ ~ [ _ _- --~/ /y : 1 8 _~< r ll Q ~ 1 ® / r ' , v 1 ~~ Il r°,. pOS$ ARCNITECTUR~+PLAPSi~I!(~G May 20, 2008 Mr. Todd Grange, Zoning Officer City of Aspen Community Development 130 South Galena Street Aspen, Colorado 81611 •~, ATTACHMENT.~_ Re: 860 Roaring Fork Road ADU, proposed addition per Ordinance No. 7, Series; 2008 Dear Todd, Please find the attached FA.R. calculations illustrating an addition of 380 SF to the existing caretaker unit located at 860 Roaring Fork Road pursuant to Special Review under Ordinance No. 7, Series 2008 (Revised Ordinance No. 35, series 2004) passed by City council May 12, 2008. Please note that this ADU was originally designed as a 700 SF F.A.R unit, then qualified for a now obsolete F.A.R. bonus in March of 2000. Revised F.A.R. calculations, dated March 16, 2000 included 48 SF of perimeter wall area per the requirements of the March 2000 bonus. The remaining 652 square feet was added back into the Main House, maximizing the allowable F.A.R. for Lots 6 6t 7 of the Second Aspen Co. Subdivision under the original construction permit. In December of 2004, an ordinance was passed that allowed for an additional 500 SF of F.A.R. to be transferred from a free market lot and added to the caretaker unit to allow for the residing family to accommodate their growing family in a 1200 SF ADU. Ordinance No. 35, series 2004 has been attached for reference including Attachment 3, the F.A.R. calculation approval of then Zoning Officer, Sarah Oates. In 2004, 120 SF of the 500 SF was added to the unit to enclose the open porch. in the back and add area wells for egress, light and ventilation for bedrooms in the basement. The attached plans illustrate our proposed addition to utilize the remaining 380 SF. Ordinance 35, series 2004, now named Ordinance 7, series 2008 for language changes required by the planning department in our initial review of this project has also been attached for reference. We propose a remodel of the interior space under the existing shed roof at the back of the structure and an extension of the shed roof of 13'-5 i/1" to allow for a new family room and an added bedroom with a full bath in the basement below. Please review the included FA.R. calculations and sign below if you concur. Sincerely, By Julie Associates Architecrure and Planning, P.C. Enc. Cc: Alice Davis & Gideon Kaufman Approved: Todd Grange, City of Aspen Zoning Officer 605 EAST MAIN STREET ASPEN, CO 81611 ([) 970/925-4755 (•) 970/920-295D WWW.BILLPOSS.COM PLANNER: PROJECT: REPRESENTATNE: r~TTACHMENT CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY Jason Lasser, 429-2763 DATE: 5.16.08 850 Roaring Fork Rd. -Lauder ADU / Ord.35, 2004/Ord. 7, 2008 Alice Davis OWNER & ADDRESS: Gary Lauder, 88 Mercedes Ln. Atherton, CA. TYPE OF APPLICATION: Enlargement of anon-conforming structure ADU or Carriage House DESCRIPTION: The Applicant would like to expand their ADU, which is governed by Ordinance No 7, Series of 2008. Note that Ordinance No. 7, 2008 will not go into effect until thirty (30) days after the approval of the ordinance. Land Use Code Section(s) 26.304 Common Development Review Procedures Ordinance No 7, Series of 2008 26.430.050 Special Review Standards 26.430.050 - 26.430.070 26.520.050 Design Standards -Accessory Dwelling Units 26.520.080 D Special Review -Accessory Dwelling Units (if necessary) Review by: Staff for review of completeness and recommendation on special review request, Planning and Zoning Commission for final determination on special review. Public Hearing: Yes. Referral Agencies: Housing. Planning Fees: $1470 Deposit ($1470 for 6 hrs of staff time. Any Planner time spent over the 6 hours will be billed at $235.00 per hour.) Referral Agency Fees: $212 (Housing) Total Deposit: $1,682.00 To apply, submit the following information: 1. Deposit for Review. 2. Completed Land Use Application. 3. Proof of ownership 4. Signed fee agreement 5. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 6. Street address and legal description of the parcel on which 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 property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site Improvement Survey. 9. Proposed Floor Plans. 10. Proposed Elevation Drawings. (Sketch-Up model optional) 11. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. ] 2. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 13. 11 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+S; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 1 Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Z cW C 2 ~. 4 C O W d W L R ~H 0 3 as ... N di 3 O Z M c 0 ev a W m 3 e`a m .Lr O Z T o Q o ~~ ^~ o ~/ U a~i ('J °o a N Q Z N Q ~ Z~ O 0 N a °~ L Z Z Z J ~ o N !O W w c 0 W N 3 0 9 R og N O _ C .~ ~r O .`~ "_ 3 m _ -gyp H y V7 p °- N d ~ :. ., it ' .. '` ,r~~~ • _ A ~'~ N N O v a a D Q O C O L W r ."',, l~'~'~ f''y~:° + ., , 4 5 ' ' ~; r r7 r ~~ x 1 C R J d bD O # 3 O 3 as ,t~~' ; , . t~µ .,y ~f ~` :. ~. :.. ~ ~- .'~~ _. J d V •.+ N O w C O A W N 'O N o p `° N 0 ._ o ~~/ U ^ ~ o0 ~ n ~o ZN a -~ z~ Q N a °~ L Z ~ Z p~ Z ~y Q J J~ ao s R o~ tiW N O y d Parcel Detail Page 1 of 3 . ,. , . --~ ATTA~~`iBVdL~. a R . Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset (?uerX ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tax_Informati_on Parcel Detail ~ Value Detail ~ Sales Detail ~ Residential/Commercial Improvement Detail Land netail ~ Photo rg aphs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R018658 273512104013 29.317 Owner Name and Address LAUDER GARY M TRUSTEE 88 MERCEDES LN ATHERTON, CA 94027 Legal Description SUB:SECOND ASPEN COMPANY LOT:6 & LOT:7 Location Ph sical Address: 860 ROARING FORK RD ASPEN Subdivision: SECOND ASPEN COMPANY Land Acres: 1.49 Land S Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 9,000,000 716,400 Improvements: 8,650,900 688,610 Total: 17,650,900 1,405,010 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R018658 5/12/2008 Parcel Detail Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics C FINISHED BSMT: 2,762 OPEN PORCH: 625 C 2ND FLOOR: 1,824 C FIRST FLOOR: 2,384 CGARDEN LEVEL BSMT: 4,184 C Total Heated Area: C Property Class: 11,154 SINGLE FAM RES- IMPROVEMEN Actual Year Built: 2000 C Effective Year Built: 2003 Bedrooms: 6 C Baths: 10.5 C Quality of Construction: EXCEL T13+ C Exterior Wall: STONE VEN C Interior Wall: BASE C Floor: WOOD Heat Type: RAD WATER Heating Fuel: GAS ~- Roof Cover: WD SHINGLE Roof Structure: GABLE/HIP Neighborhood: NORTH "WEST END" ASPEN Su er Nbad: CITY OF ASPEN Tax Information Page 2 of 3 httn://www.pitkinassessor.or~/assessor/Parcel.asp?AccountNumbet=R018658 5/12/2008 ~~~~ ~iJ~~U1Gb~ ATTACHMENT_~_ CITY OF A:iPEN COMMUNITY DEVELOPMENT DEPARTMENT Ar+rrrtnent for Pavtntnt of Clty n/Asnrn Dever rote/t An_ollutlon pots CITY OF ASPEN (hcrcinaRer CCTY) and ~ (/lBl r GQI'y LQ(~Id~' (hcrcina(ler APPLICANT) AGREE AS FOLLOWS; has submitted to CITY an 2. APPLICANT ttrtdmtands and agrees thtt Ciry of Aspen Ordittanee No. S7 (Sarin of 2000) establishec a ter. structure kx Land Use applications and the payment of all processing flea is a condition precedent to a detetmtnation of applinUon completeness. 3. APPLICANT : nd CITY agree that because of the siu, nature or scope of the proposed project, it is not poss-ble at this tints w :retrain the full extent of the costs involved in processing the application. APPLICANT and CITY further ahr:e that it is in the interest of the parties drat APPLICANT make payment of an initial deposit ar-d to IhcceaRer ,omit additional costa to be billed to APPUCANT OIt a monthly basis. APPLICANT agrees additional costs may acrnte following their hearings anNo[ approvals. APPLICANT agrees he will be benefited by rotaining greater cash liquidity and will make additional payments upon rtotifiostuon by the f IT/ ~~ ~ ~,r art; ntxessary as costs ats ;nc•~*!~, riTY agnea it, wall be 'x•r~ ~ .•~I ~i1~:~~,,~~ ::.. ;~. :•~C. . ' ~..ustV tts foil cow toptvccaa APPLIt ~. ,.'+J'f'S applKatia~ 4. CfIY and APPLICANT°ttnher agrt:t that it is impracticable for CITY staff tv complete processing or present sufficient information to the Planning Comtntission and/or City Council to enable the Planning Commission ancUor City Council w make legally requited findings for project consideration, unless currrnt billings are paid in fuU prior to decision. S. Therefore, APPLICANT agrees that in consideration of the CTTY's waiver of iu right to collect full fees prior to a motion of application completeness, APPLICANT shall pay an initial deposit in the amount of 5_.~,e.~~`~which i~ for ~~ hoots of Community Development atafr time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review et a rate of 5220.00 per planner hour ovtr the initial deposit. Stuh periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failtrre to pay such accrued costs shall be gtouads for suspension of processing, and in no case will building permits be issued until all costa associated with case processing have been paid. CITY OF ASPEN By: Chrts Bandon Community lkvelopteant Director ~ 1 ~t7Q Col~~unif y D E v. ~ K°u ~~~ ~~L~Z g: \s upportlfortrtslagrpay as.doc 01J01 /06 APPLICANT By. ~~2~ Date: ~ / Z ~ ~d 1J Blll To Mailing Address and Telephone Number. (-~QIU LGt CX~t~ r3 ~ lne r c+~~ie5 ~ ~ -fi+et~--f-o n , C ~4 ,, •~ ATTACHMENT~_ May 21, 2008 Jason Lasser Jennifer Phelan City of Aspen Community Development Department 130 South Galena Street Aspen, CO. 8161 l RE: Authorization Letter for Lauder Property 890 Roaring Fork Road Dear Jason: This letter authorizes Davis Horn Inc. and Kaufman, Peterson &Dishler to submit a land use application on behalf of Laura and Gary Lauder, owners of the property located at 890 Roaring Fork Road in the City of Aspen. This property is the subject of a Special Review land use application pursuant to Ordinance ~7 of 2008, a clarification of the Code language regarding the Expansion of aNon-conforming Structure. Davis Horn Inc. and Kaufman Peterson and Dishler are also authorized to represent the owners in the land use review process. Davis Horn inc. is located at 215 South Monarch Street, Suite 104 in Aspen or you can reach them by phone at (970) 925-6587. Kaufman Peterson 8t Dishler is at 315 East Hyman Avenue in Aspen; 970 925-8166. Please call if you need anything further. Thank you. Sincerely, ~- Gary Lauder naanrvwvo-~ uv~~iuaw~,N ;U~UW~IYIh 6Fs :.ud5 rjpU9L5 ~3Ad ~Qyv~ al z1f1 wm•tiono•Mnnnn alllno; el ze~nsuo~ .. ~olod ~ ~Ipo; sq~~l ., •, 205 SHADY LANE LLC BERMUDA PROPERTIES INC CHEN-JOSEPHSON TINA TRUST 49% PO BOX 51536 ESTEE LAUDER CO ATTN JOAN 33 E 70TH ST KALAMAZOO, MI 49005-1536 KRUf'SKAS NEW YORK, NY 10021 767 FIFTH AVE 40TH FL NEW YORK, NY 10153 CRANDALL JACKS & GESINE A PO BOX 1066 ASPEN, CO 81612 GOLDSTEIN EDWARD ARTHUR TRUST 416 COMSTOCK AVE LOS ANGELES, CA 90024 KOCH CHARLES G TRUSTEE C/O KOCH FAMILY MGMT 4111E 37TH ST N WICHITA, KS 67220 MERRIAM GAIL A 8 JAMES A 1884 MTN VIEW DR TIBURON, CA 94920 PARISH ANNE F 2200 WILLOWICK #16E HOUSTON, TX 77027 HAWKINS H L III 300 BOARD OF TRADE STE 200 NEW ORLEANS, LA 70005 KOCH DAVID H TRUSTEE KOCH INDUSTRIES C/O PO BOX 2256 WICHITA, KS 67201 PITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 ATTACHMENT ~~ FISHCAMP LLC HJE INC CIO CASA DE AMIGO OFFICE 1751 W CITRACADO PKWY ESCONDIDO, CA 92029 KERN ALBERT PO BOX 389 ASPEN, CO 81612 LAUDER LEONARD A 2 EAST 67TH ST NEW YORK, NY 10021 STEWART MICHAEL 3424 DEL MONTE HOUSTON, TX 77019 T Ta~n~ea~ laad ~tse3 ~o N'srH_s.r~ =1 III ?I ~~ N 5TH ST I r I I N 4.T.H'ST ~ L7 n r. m m m~~ a)f f r ~ ~ . r i ~ ~~ ~= ~ ~ y / ~. / i ,_ ~ / :a j ~ ~ / ~ i '~ ` ~~ i r ~ ~_, i (~ ~ ~ / / ~ -, o / I ~ ~ _ n _V/ cZi v ~_~c_J~ _ _ _ ~ - _ / / 1 -~ Z ~_.m ~ z / / / / ~ = A y m m m / / / \ c ~G~]~ \ p D ~ ~ ~ / v _ ~ n y ~ z z ~ / / n // o ~ - / ` ` v ~ ~ o ~~/D / / N / / .~ o D ~~y ~ ~ ~ / ----~-`--u~ w i ~ / = y z /gym ~ ~ `~ ~% v m N v < n~ ~ im / m ,~ /~~ / _ / O~ / ;~ / .'~ ~/ate -~ ~ ~ / ~ Y o / ~ ~ ~ 1 ~ i ~ ~ y ~~ ~ `D ~ o m o ~ v ~ a ~ (~ mo m m a i I I~ ~ o °_ m m 7 N ~~m~. 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NSl •d4~ ~' nwfr ms~evffafaaoN+ r ~auslN ew.o wr st~a~wboorffvat~os~vau'Lfv~anfnfmluaf~ ,~ e ,,, N13}®R5~ NOBA'~91 3<YO 'oN "';. 'DNI'9NR133H19N3A2LINt10JH91H AyW^SJN3yl3AONdw~ $ J ~ 4 FF :s. ~- ~ ~ Z Y X Uo ~. a . ~. ,^,, ~ .~ July 18, 2008 Ms. Errin Evans, Planner City of Aspen Community Development 130 South Galena Street Aspen, Colorado 81611 Re: 860 Roaring Fork Road ADU Proposed Addition, P & Z Clarifications Dear Errin, Please find attached our added Tree Removal Plan L-101, dated 07/18/08 and Grading Plan, dated 07/11/08. These plans are Ueing suUmitted in response to your e-mail requests of 06/25/08 from the Parks, Engineering &ACSD, review of our May 22, 2008 P & Z SuUmission package. Please note that we will Ue issuing the tree permit plan for permit next week. Also included in this clarification package, are minor revisions to our plans since the May 22na suUmission. First is to the AREA calculation sheet G-003. Through field verification, we miss-located the new grade wall that will support the north edge of the existing deck along the east side of the residence - it has moved 12" North. The exposed wall area on the lower level plan has Ueen adjusted accordingly and resulting FAR is 379 SF - 1 SF Uelow the original calculation of 380 SF allowed Uy the ordinance. As stated in my previous a-mail response, this new retaining support wall will correct the Uoulder retaining wall currently encroaching into the Districts sewer line easement noted Uy ACSD in their 06/23/08 e-mail. A 101 Floor Plans and A-201 Elevations again illustrate the corrected grade wall in addition to minor plan changes including a modified access to the east deck, added skylights, and reconfiguration of the Uathroom on the lower level. All revisions are clouded and identified Uy Revisions key 1, dated 7/01/08. Please call or e-mail me at imaule@Uillposs.com if you have any questions. Sincerely, Bill Possand Associates Architecture and Planning, P.C. Julie Enc. Cc: Alice Davis & Gideon Kaufman 605 EAST MAIN STREET ASPEN, CO 81611 (t) 970/925-4755 (f) 970/920-2950 WWW.BILLPOSS.COM ~~.~~~~ ~M 'SSavcwssy aNV xvrzoy~ ~ag~ I ~~~ ~ T ~ ~ J s~f~ =FayN.~ ~ ~ w ~Y~ ~U ~. ~ o 6os~c ° N3~Ni €~ oc~ Nh ~ E a E~EEN yo usu~ ~~°-~ E~ S`s' ~ Y~ 2 y ~E o 2 r ~ ~. v 0 h o~ n ~ ~ ...yyyyyy S c~ c u ~ i pp S 3 Z <, Na. U~.`-•ors °~.~°, ~Y~u o~fr m 9 ~o m~ ~ ~61~5a ~$ ~~ o Yedus ~a --~~~~'a~ u~ u~a~ u~ ~ YyB~~ ~~yq} ~.~~'~Fgt `~ $ o~ws3 00 gaoan vV`o_E B~~V ~~ ~ So !b~ yy~NL~E~1$!y $fi' 8 ~~ °NO `~O'"r °Y@ .V`. o.~ "~ ~~ 8€'~E3i5i~y3 ~ ~ SYEE j. 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II '~ ~_ ~~E ~ € $ I I I (/ I I 1' 1 r ~ I *r, '~.. r ~«» \~ a ~~~ ~ V I I ---- -'l I u ~ = r I a A ~ 1 I yV LL _ N C O I i d W § w a ~~ = ~~ I -~ o3 I l3 8~ ~e -~ _ , I I I I _J Hny B1d0-ION909ILZ\~-Z~'LO ayeaB pasinm ]RAQO ani4yNSHmw,eaQ\umpPpe OOtlaapnel W'9I(Z\(QOZ Ioi~gsPwdP% 'Vied alit ~8 - -~ .: ~d AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO 860 1 Of l~ ~pq(~ STATE OF COLORADO County of Pitkin ss. I, ~ n ct CZ A ~ ~ ~ 2 L`~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.3/06.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Sign re The foregoing "Affidavit of Notice" was ac/knowledged before me this 2°1 day of S~fO~"4Anb-eJ , 200, by ~{y,o,~0~ sCcsT~ ~l ~- ~' u Pueul~oncE DEVELOPMENT APPROVAL Notice Is hereby given to the general public of the approval of a s[e specific development plan, and the creation of a vestetl propely dgM pursuant to the Land Use Code of the City of Aspen antl Title 24, Adicle 68. Colorado Revisetl Statutes, pertain Ing to the following tlescribetl properly. 860 Rpar Ing Fork Roatl also known as Lot 6 8 ], Secontl e <~o~ Cmm~ano Auntlivisinrt by ortler of the Plan r of the carriage house locatep on me Tha approval is only permittetl far the site plan. r information contact Errin Evans, of the nen Community Development Dept. 130 /slGiry of Aspen Published In Pe Aspen Times Weekly on Septem ber 28, 2o08. X22]8899) WITNESS MY HAND AND OFFICIAL SEAL My c~omnm~is~si~on~expires: USG lU ~-~ 1 b Notary Public ATTACHMENTS: COPY OF THE P UBLICATION ~ ~'~ ~' MEYER My ~Orn9!ISSiiin Expires 0811012010 AFFIDAVIT OF PUBLIC It'OTICE REQUIRED BY SECTION 26.304A60 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: s_pbt7~ ~.r2 I b , 200 8 STATE OF COLORADO ) ss. County of Pitkin ) I, Y.BC~~ P{a b (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26304.060 (E) of the Aspen Land Use Code in the following manner: Publicatiwz of ~zotice: By the publication in the legal notice section of azi official paper or a paper of general circulation in the City of Aspen at least fifreen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Cormmunity Development Department, which was made of suitable, waterproof materials, which was not less thazi twenty-two (22) inches wide azid twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public heating and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A plzotograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public heazing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (~00) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners mxd governmental agencies so noticed is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs aze subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the azea of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ~~~ Srgnatu ee The fore oing "Affidavit of Notice" was acknowledged before me this ~- day of , 200 , by c~i p{~h PUBLIC NOTICE RE: Bhp ROARING FORK ROAD, REOUEBT FOR WITNESS MY HAND AND OFFICIAL SEAL SPECIAL REVIEW FOR A CARRIAGE HOUSE i+ ~ 1 EXPANSgN My Notary CORY J. GARSKE ATTACHMENTS AS APPLICABLE: N W Erspemer, Chelr THE PUBLICATION ~ 1, p~e Aspen Planning entl ZOninq Ciomml55k10 „I ye~aeroA CX Publishe0 in the Aspen Times Weekly an August RAPH OF THE POSTED NOTICE (SIGN y aire~ 05100@012 31,2106.(2123]56) ,,..,..._ : HE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BYC.RS. §24-65.5-103.3 -_. -_ ,..- . ..... ........ .... ___. ,nn n , k~ .~ AFFIDAVIT OF PUBLiC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS of PROPERTY: tJ l(N ~` l~l Mf t y1 °' N/~ . Aspen, CO SCHEDULED PUBLIC HEARING D.iTE: S~-,Qty , 200$ STATE OF COLOR.aDO ) ss. County of Pitkin ) 1, f-1 ~ 1 (~ r~U 15 (name, please print) being or representing an Applicant [o the City of Aspen, Colorado, hereby personatly ceni Cy [hat I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication ojnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ojnotice: By posting of notice, which form was obtained from the Community Development Departrnent, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high. and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible trom the~%r'day of 200, to and including the date and time of the public hearing. photograph ojthe pasted notice (sign) is attached hereto. Mailing ojnotice. By the mailing of a notice obtained from the Community Development Department, which contains the infotrriation described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. malt to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (t5) days prior to the public heating, notice was hand delivered or mailed by first class gostage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governrrrentat orquasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeazed no more than sixty (60) days prior to the date of the public hearing, A copy ojthe owners and governmental agencies so noticed is attached hereto. (continued on next page) OCT-30-2001 TUE 09:16 AM FAX N0. P, 04 Re~oninu or te_rt amendmenr, Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whethar such revision be made by repeal of this Title and enactment of a new land use regulation, or othenvisc, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and ' addresses of owners of rea[ property in the area of the proposed change shall bz waived. However, the proposed zoning map has been available for public inspection in the planning agency during alI business hours for fifteen {15} days prior to the gubiic hearing on such amzndments. Signature The ' regoing "Affidavit of Notice" was ac~owled ed before me this ~`~`day of Grp bG~' , 200 S, by (--l:c.~. ~~~,~5 tiVITNESS NIY HAND AND OFFICIAL SEAL iviy commission expires: C..~ D ' Z ~ " ~ g Notary Public ~u..ww^y~ aN . u~y ~ue~s ~17/N/ 11ugsB M 2 ~~ :', • ~ua~rn~~ alll~~ll el z~nsuo~ ~/ ~Mb Y ~IP~i =p3 `~ • 205 SHADY LANE LLC BERMUDA PROPERTIES INC PO BOX 51538 ESTEE LAUDER CO ATTN JOAN CHEN-JOSEPHSON TINA TRUST KALAMAZOO, MI 49005-1538 KRUPSKAS 33 E 70TH ST 787 FIFTH AVE 40TH FL NEW YORK, NY 10021 NEW YORK, NY 10153 CRANDALL JACKS 8 GESINE A PO BOX 1066 ASPEN, CO 81612 GOLDSTEIN EDWARD ARTHUR TRUST 416 COMSTOCK AVE LOS ANGELES, CA 90024 KOCH CHARLES G TRUSTEE C/O KOCH FAMILY MGMT 4111 E 37TH ST N WICHITA, KS 67220 MERRIAM GAIL A 8 JAMES A 1884 MTN VIEW DR TIBURON, CA 94920 PARISH ANNE F 2200 WILLOWICK #16E HOUSTON, TX 77027 HAWKINS H L III 300 BOARD OF TRADE STE 200 NEW ORLEANS, LA 70005 KOCH DAVID H TRUSTEE KOCH INDUSTRIES C/O PO BOX 2256 WICHITA, KS 67201 PITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 ATTACHMENT 1D FISHCAMP LLC HJE INC C/O CASA DE AMIGO OFF 1751 W CITRACADO PKWY ESCONDIDO, CA 92029 KERN ALBERT PO BOX 389 ASPEN, CO 81612 LAUDER LEONARD A 2 EAST 67TH ST NEW YORK, NY 10021 STEWART MICHAEL 3424 DEL MONTE HOUSTON, TX 77019 I'~'1Cii (~d ~ Pvb t ~ L ~tx~~ c~ ~Ithlr~ ,~,h~~~~ ~ -~ ~ !(~~ ~~~ ~<_~. 13y ~~~s ~~ ~~ ~ T ~~~~ Tarn ea as ~(se ~o ! ~,091Sn1~1~AMl~~ill1 °~ ; i I d 3 ; © C3 PUBLIC NOTICE RE: 860 ROARING FORK ROAD, REQUEST FOR SPECIAL REVIEW FOR A CARRIAGE HOUSE EXPANSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 16, 2008, at a meeting to begin at 4:00 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 Alice Davis, Davis Horn Inc. 215 S. Monarch Street, Suite 104, Aspen, CO, 81611 on behalf of Gary Lauder, 88 Mercedes Lane, Atherton, CA, 94027, who is the owner of the subject property. The applicant is proposing special review approval for the small renovation and minor expansion of the existing carriage house. The property is legally described as Lot 6 and 7, Second Aspen Company Subdivision, City of Aspen and more commonly known as 860 Roaring Fork Road, Aspen, Colorado, 81611. The parcel identification number is 2735-121-04-013. For further inforniation, contact Errin Evans at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2745, Errin.Evans@ci.aspen.co.us. s/ LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on August 24, 2008 City of Aspen Account a ~ l~~t -~ ~,ro p~ r-k-~ ~ {~ (. . ~~~; n~~5 ~~~ ~. t~a.i t~ of 8 - ~ q - ~~. ay ~.v;5 ,4 l+c`~ b o m THE CITY OF ASPEN Land Use Application Determination of Completeness Date: May 29, 2008 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0027.2008.ASLU (850 Roaring Fork Road). The planner assigned to this case is Errin Evans. ^ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. T Yo 1 ;~~~. Jennifer ~ lan, Deputy Director City of Aspen, Community Development Department C:\Documents and Settingsljennifep\Desktop\organizedlG Drive\TemplateslLand Use CaseslCompleteness Letter Land Use.doc ~o~.rce.~ l D 273 5~ 2~ 2 G, bC~ Record Navigate Form Reports Format Tab Help AI© 'ermit Type aslu JASpen Land Use Permit ~ Address 850 ROARING FORK RD J Apt~Suite City ASPEN State ~CO ~ Zip 81611 Permik Informakion - Master Permit ~ J Routing Queue iaslu0~7 Applied 05~27~2006 J Project ~ Stakus Rending Approved J Description THE APPLICANT WOULD LIKE TO EXPAND TRIER ADU, WHICH IS GOVERNED BV Issued ~- J ORDINANCE NO 7, SERIES OF 2008, ENLARGEMENT OF ANON-CONFORMING STRUCTURE ADU OR CARRIAGE HOUSE. Final I J Submitted ~ Clock Running Days 0 Expires OSJ22j2D09 J uwner --- r---- Last Name ~LAUDER ~ First Name GARY & LAURA 88 MERCEDES LN -- --- ATHERTON CA 94027 Phone ~ Owner Is Applicant? Rppucanr Last Name DAVIS 925 6587 ~ First Name ALICE PO BOX 2015 ASPEN CO 81612 Phone ~ Cust * 22937 J Lender - - - - Last Name ~ First Name ':. Phone < <a ~ ~ -~ ~~ ~ of ~~ ~~o ~~,~~ tt ~~Z ,c5o ~ ~~ ~c ~~ . 0027, Zoos: ~~-~t pOSS 1~PCNI~~ECTIIRE~~PLfi~J~1l~JG May 20, 2008 Mr. Todd Grange, Zoning Officer City of Aspen Community Development 130 South Galena Street Aspen, Colorado 81611 -- -- - - - ATTACNIVIENT_~i Re: 860 Roaring Fork Road ADU, proposed addition per Ordinance No. 7, Series: 2008 Dear Todd, Please find the attached F.A.R. calculations illustrating an addition of 380 SF to the existing caretaker unit located at 860 Roaring Fork Road purstiiant to Special Review under Ordinance No. 7, Series 2008 (Revised Ordinance No. 35, series 2004) passed by City council May 12, 2008. ,,, Please note that this ADU was originally designed as a 700 SF F.A.R unit, then qualified for a now obsolete F.A.R. bonus in March of 2000. Revised F.A.R. calculations, dated March 16, 2000 included 48 SF of perimeter wall area per the requirements of the March 2000 bonds. The remaining 652 square feet was added back into the Main House, maximizing the allowable F.A.R. for Lots 6 & 7 of the Second Aspen Co. Subdivision under the original~construction permit. In December of X004, an ordinance was passed that allowed for an additional 500 SF of F.A.R. to be transferred from a free market lot and added to the caretaker unit to allow for the residing family to accommodate their growing family in a 1200 SF ADU. Ordinance No. 35, series 2004 has been attached for reference including Attachment 3, the F.A.R. calculation approval of then Zoning Officer, Sarah Oates. In 2004, 120 SF of the 500 5F was added to the unit to enclose the open porch. in the back and add area wells for egress, light and ventilation for bedrooms in the basement. The attached plans illustrate our proposed addition to utilize the remaining 380 SF. Ordinance 35, series 2004, now named Ordinance 7, series 2008 for language changes required by the planning department in our initial review of this project has also been attached- for reference. We propose a remodel of the interior space under the existing shed roof at the back of the structure and an extension of the shed roof of 13'-5 ''/z" to allow for a new family room and an added bedroom with a full bath in the basement below. Please review the included F.A.R. calculations and sign below if you concur. Sincerely, By Julie Associates Architecture and Planning, P.C. Enc. Cc: Alice Davis & Gideon Kaufman Approved: Todd Grange, City of Aspen Zoning Officer 605 EAST MAIN STREET ASPEN, CO 81611 it) 970/925-4755 (~ 970/920.295D WWW.BILLP05S.COM Dec 15 04 03:23p YUSEM J HORN SEC, ~~5.2DD4 12~58P~~ ><aUFMAN PETERSON DiS~IfR pOSS ARCNITECTl1REtpLANNING December 6, 2ooa 971, 325-5180 p.2 N0. $18~ P, 1 Ms. Sarah On Community Development City of Aspe 130 S. Galena Street Aspen, Colorado 8i6ti Re: 860 Roaring Fork Road ADtJ for the Lauder Family - Clarification of Added Sq~ footaSe for Code Amendment -Section 26.312.030 -Non-Cod Permit X03 0-2000 Ordinance xv. 35. Series of 2004, scheduled for Special Review- Origi Hear Sarah, p~ the request of Gideon Kaufman of Kaufman, Peterson 8c Dishier P.C. e t be request d or attached FAR calculation to determ~e the amount of squa No~Bido~~g St~ctures - Special Review for Code Amendment -Section nested since the original permit includes the Ordinance No• 35~ Series of 2004. The area req addition of two areawells required by Late Safety Codes to convert Basement spacein the~u~nr areas, enclosure of the covered porch with the stair to the Basement, and filling ppe landing area of the staff tt dh~~~ ~ ~e'a~~~e~ajCt~~on dditional area to be i68 SF over the originally perms 1?e Please note, that this ADU quahfied for a now obsolete FAR. bonus in March of 2000, just prior to issuance of the original permit. Per our revised March 16, 2000 FAR- calculations, 48 SF of perimeter wall area SF lesll thee48 SFew~uld be d2 5 SF of additional areatto be primary residence. 1fie 168 requested under the code amendment. If you concur with our calculations, please sign and date below for out' records. If you have any questions, please c$ll me at 925-4755• and Planning, P.C. ~t Approved: By Juli Maple ~--~ ~ 2/?]~ b roje Manager Eac. Sarah Oates, City of Aspen Zoning 0 cer cc: Gideon Kaufman oCC o a 2004 psrtn BIfILDiNG DEPARTMENT 605 EAST MAIN SiAEET ASPEN, CO 81611 lU 510!925-0755 t11970l920-2950 t4WW.BIl1POSS.CON~ Q ,.~- ~ ~ U _ W o z ~ i~nli: W ;~i•: ~ J t t N O ~ p i ,; N <<i~ J F i~ ~~: . 6L~ _ O ' - :. 8 C j j - ~ J ! • V ~ ~.~I~. I ! dam ~ ~'-'. ~ Q ~ ~ i`i:E~ I ~ ~ .. F oa~ /J N i+I N S N W W q U d U 4 N a v' w N F- N w N ~ mJ O U j U W J 4 O ~ ~O r ~ ~oo N N N ..~ ~ O .. II 11 Q a a "~ N w N m ~ j U g .~} ~/ N O I .. ti of ~D V Q U a N d W N m Q N > O J U 4 C < w 4 m a K N ~ r J N W ~ Z U ~i s w«.y~imrooei:n~.•.~.n~,i..:w~..n~~..w. Mn ~.iw run<oa.i~,~~v~:,;i ~ ewe ~~ a ~. r ~° ~ -~ o __ w r o ~ % W rri~. ~ ~ ~ ~ 0 rn ~; ~ L~ ~ L W W F ~J w ' ~ i Q ~~ b I I I N a m 4 w ~° m m N x a n U a ly < N U a 4 N a in N O O U m U ~ J < m r ~ ~ ~ r O ~ ~ O O N rn b ~ -~ a w U V 4 a a VI N W W m N 4 O > ~+ i U ~ J ~` g ~ O O VI N O _ II II W W U U 4 4 a a N N W H CI N 4 O > ~ r U a W a W w m a a N > ~ ~ W ~ o _ (~~1\VVl U w ~~ IM Tr~I>I#IOIHpfIIT#r rA #erW ~+11ih+rpmWrr IbY •W rl dp>IINWI~W1rYluNl '~~xf Davis Horn~G PLANNING & REAL ESTATE CONSU TO: Errin Evans 920-5459 fax ~~ ~ ~' FROM: Alice Davis AICP Davis Horn Incorporated DATE: August 6, 2008 KE: Deed Restriction to Sever Floor Area From a Property Errin: roved b John Worcester, City Attorney, for the This is the Deed Restriction used and app Y previous time floor area was ``severed" from a prope aY Thanks for yourlhelp on tl os mattero. another property approved for receiving the floor are C~ ~ ~~'~~ ~GENED ~;~ ~~ ~ ~ 2ooa a;l-f-Y Uf= ASPENr~~ .~t~~~MUNITY DEV~~.,P:.'..~ ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 1 D4 • a PEN~acOeORAD ghorn@ro ne / 925-6587 • FAX: 970/925-5180 ad @ ~~ DEED RESTRICTION THIS DEED RESTRICTION, made and entered into this day of , 2005, by and between LEONARD A. LAUDER and EVELYN H. LAUDER (the "Owner") and THE CITY OF ASPEN, COLORADO, a Colorado municipal corporation (the "City"). WITNESSETH WHEREAS, the Owner is the fee simple owner of that certain real property in the City of Aspen, Colorado, that is more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"); and WHEREAS, the parties desire that Owner sever 120 square feet of Floor Area from the Property; and WHEREAS, the parties desire that the 120 square feet of Floor Area severed from the Property shall be transferred for the use and benefit of the property described on Exhibit "B" attached hereto and made a part hereof (the "Benefitted Property"). WHEREAS, the City has confirmed under letter dated December 6, 2004, a copy of which is attached hereto as Exhibit "C" and made a part hereof, that 120 square feet of Floor Area is the square footage that the Benefitted Property needs to accomplish its contemplated expansion; and WHEREAS, Owner is prepared to deed restrict the Property to reflect severance from the Property of 120 square feet of Floor Area. NOW, THEREFORE, for and in consideration of this deed restriction, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the City agree as follows: 1. Deed Restriction of Property. Owner hereby permanently severs 120 square feet of Floor Area from the Property. 2. Severance and Transfer of Floor Area. The 120 square feet of Floor Area severed hereunder from the Property is hereby transferred and dedicated to the Benefitted Property. 3. Covenants Running With The Land. The provisions of this Deed Restriction shall constitute covenants that run with the title to the Property and the Benefitted Property, and shall be deemed an appurtenance to the title to such lands. 4. Attorneys' Fees. Each party shall have the right to enforce this Deed Restriction. In the event of any legal action or proceeding arising out of this Deed Restriction, the prevailing party shall be awarded its reasonably attorneys' fees. IN WITNESS WHEREOF, the parties have executed this Deed Restriction as of the day and year first above written. OWNER: LEONARD A. LAUDER EVELYN H. LAUDER STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Instrument was acknowledged before me this day of 2005, by LEONARD A. LAUDER. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Instrument was acknowledged before me this day of 2005, by EVELYN H. LAUDER. Witness my hand and official seal. My commission expires: Notary Public ACCEPTED BY THE CITY COUNCIL OF THE CITY OF ASPEN By Helen K. Klanderud, Mayor 2 EXHIBIT "A" Lot 1A, SECOND ASPEN COMPANY SUBDIVISION, according to the Plat thereof recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado. 3 Y ~ ~ ~. EXHIBIT "B" Lot 6 and Lot 7, SECOND ASPEN COMPANY SUBDIVISION, according to the Plat thereof recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado. 4 O o pOSS ARCHITECTl1R~+pLANNING EXHIBIT "C" December 6, zoo4 Ms. Sacab Oates Via Facsimile ' City of Aspen Community Development a3o $, Galena Street Aspen, Colorado 81611 [te: 86o Roaring Fork Road ADU for the Lauder Faialiy - C9arificatioa ~~_ ed Square footage for CodeAmendment -Section 26.3rs.ogo - Alon-Canfoermit X0350 2000 Ordinance I~Io. 35. Series of 2004, scheduled far Special Review. Origfn Dear Sarah, ~ • Per the request of Gideon Kaufman of Ssufaian, Peterson 8c Dighl~ P.C., we have prepaze:d the attached F,AB. caleulatior- to determi-ne the amount of squaw ~~ to be requested for Special Review for Cade Amendment - Section 26.3i2.o30 -Non-Confot ~ ~u~ the ardinanee No, S5, Series of 2004. The area requested since the original p add'ltion of twp areawelIs required by Life Safety Codes to ootlvert Basement space to Bedroom areas, eaelnsure of the covered porch with the stair to the Basement, and fiIltng in the upper landing area of the stair as headroom allows. We r8lculate ~ additional area to be 168 SF over the originally permitted stzvctuz~e Per the attaeDed calculation. • p]eaSe note, that this ADU qualified for a now obsolete FAR boons iA March of zooo, J~ prior to is9uane6 of the orig;slal permit. Pec our revised March 36, 2000 FA2 c~l~ulations, g8 SF of P~ ~ r T~11e 68 SVF Iess the 48 SF would be a i 5P o additionaiback tto bee pnmary reside requested ander the code amendment. If you concur with our calculations, please s9gt1 and date below far our records. Zf you have any questions, please ceIl me at 9a5-475b• and Planning, P. C. ~ Approved: By .Tali Maple roje Manager ~ ~ z~~ 0 £~' 'Sarah Oates, City of Aspen Zoning e" cc: Gideon Kaufman ~ .• ... . , . ~ ~ . ; ~ ~ ~ REC~IV~D~ OTC o a 2ooa AsrrN . au~~iN~ n~aar~Fr~ 60S EAST MAIN SiAEET AflDEN. CO 1!611 (~19J0/925-1)SS (il 9T0/9T0.2960 WNY1.B1lVOSS.COM MEMORANDUM TO: Plans were routed to those departments checked-off below: .....X... City Engineer ......... Community Development Engineer .......... Police Department .....X.... Zoning Officer .......... Housing Director .....X... Parks Department ........... Aspen Fire Marshal ........... City Water .....X... Aspen Consolidated Sanitation District ........... Building Department ........... Environmental Health ........... Electric Department ........... Holy Cross Electric ........... City Attorney ........... Streets Department ........... Historic Preservation Officer .........City Parking Manager ........... Pitkin County Planning FROM: Errin Evans, Current Planner Community Development Department 130 S. Galena St., Aspen, CO 81611 Phone: 429-2745 Fax: 920-5439 RE: Accessory Dwelling Unit Expansion (850 Roaring Fork Road) - Special Review Parcel ID #2735-121-04-013 DATE: Wednesday, June 25, 2008 COMMENTS: Please review the attached application for an addition to an accessory dwelling unit located at 850 Roaring Fork Road. No DRC meeting will be held for this application. Please have your comments returned by July 15, 2008. Please return your application if you do not want to hold onto it once the review is finished. DRC Meeting: N/A Thank You, Errin Evans C MEMORANDUM TO: Plans were routed to those departments checked-off below: .....X... City Engineer ......... Community Development Engineer .......... Police Department ........... Zoning Officer ........... Housing Director ........... Parks Department ........... Aspen Fire Marshal ........... City Water .....X... Aspen Consolidated Sanitation District ........... Building Department ........... Environmental Health ........... Electric Department ........... Holy Cross Electric ........... City Attorney ........... Streets Department ........... Historic Preservation Officer .........City Parking Manager ........... Pitkin County Planning FROM: Errin Evans, Current Planner Community Development Department 130 S. Galena St., Aspen, CO 81611 Phone: 429-2745 Fax: 920-5439 RE: Accessory Dwelling Unit Expansion (860 Roaring Fork Road) - Special Review Parcel ID #2735-121-04-013 DATE: August 7, 2008 COMMENTS: Please review the attached revision to the application for an addition to an accessory dwelling unit located at 860 Roaring Fork Road. The changes have been marked with clouds. The applicant noted, they forgot remove the original retaining wall location, but it has been remedied. DRC Meeting: NIA Thank You, Errin Evans Errin Evans From: Todd Grange Sent: Monday, June 23, 2008 9:12 AM To: Errin Evans Subject: RE: 850 Roaring Fork Road - No meeting required Attachments: image003.jpg Errin Let's spend a minute together to look at this. I remember talking to the applicant about it and think it is ok. Anyway if you have a minute to review with me I would appreciate it. Regards, Todd Grange, Zoning Officer Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 Phone: (970)429-2767 Fax: (970)920-5439 www.aspenpitkin.com From: Errin Evans Sent: Friday, June 20, 2008 4:11 PM To: Development_Review_Committee Subject: 850 Roaring Fork Road - No meeting required This application is for an ADU expansion. It seems minor and nature and we are not planning to have a DRC meeting. Please forward your comments to me if you have any prior to July 7`". I have attached the application if you would like to review the plans. Thanks, Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 www.aspenpitkin.com Ervin Evans From: Cindy Christensen Sent: Tuesday, June 24, 2008 4:05 PM To: Ervin Evans Subject: RE: 850 Roaring Fork Road - No meeting required Attachments: image001.jpg Since they are in compliance with the land use code, the Housing Office does not have a problem with this. Cindy Christensen Housing Qper•ations Manager 970-920-S4SSJl~"`ax 970-920-5580 From: Ervin Evans Sent: Friday, June 20, 2008 4:11 PM To: Development_Review_Committee Subject: 850 Roaring Fork Road - No meeting required This application is for an ADU expansion. It seems minor and nature and we are not planning to have a DRC meeting. Please forward your comments to me if you have any prior to July 7`h. I have attached the application if you would like to review the plans. Thanks, Ervin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 _, 7~~ Cn ~, . ti~ .~~•w ~, www.aspenpitkin.com Errin Evans From: Tricia Aragon Sent: Monday, June 23, 2008 4:39 PM To: Errin Evans; Development_Review_Committee Subject: RE: 850 Roaring Fork Road - No meeting required Attachments: image001.jpg Errin, It looks like not only will they be adding the 360 sf of adu they will be adding a large retaining wall and driveway with additional parking. I'm not sure how this will impact drainage as there is no grading plan. Trish Aragon, P.E. City Engineer City of Aspen 130 S. Galena Aspen, CO 81611 Phone: (970) 429-2785 Fax: (970) 920-5081 From: Errin Evans Sent: Friday, June 20, 2008 4:11 PM To: Development_Review_Committee Subject: 850 Roaring Fork Road - No meeting required This application is for an ADU expansion. It seems minor and nature and we are not planning to have a DRC meeting. Please forward your comments to me if you have any prior to July 7`h. I have attached the application if you would like to review the plans. Thanks, Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 T~ t'rr~ s~: ~~rti www.aspenpitkin.com r Errin Evans From: Brian Flynn Sent: Monday, June 23, 2008 12:38 PM To: Errin Evans Subject: RE: 850 Roaring Fork Road - No meeting required Attachments: att32940.jpg; image003.jpg Parks Comments: Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence Excavation: an excavation under the drip line permit will need to be approved along with the tree permit. Specific excavation techniques will be required for the retaining wall. Vertical excavation will be required and over digging is prohibited in this zone This note must be represented on the building permit set. The applicant will need to contract with a tree service, and have them on call in order to address all roots greater than 2 inches in diameter. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. This is specific to the trees located on adjacent properties. The applicant will need to contract with a tree service in order to address the desire to transplant trees. Transplant plans, maintenance schedule, timing, locations will need to be reviewed by the City Forester. Brian Flynn Open Space and Special Projects Manager (P)970-429-2035 (F)970-920-5128 PARKS 8e RECREATION 4 9 MEMORANDUM TO: Plans were routed to those departments checked-off below: .....X... City Engineer ......... Community Development Engineer .......... Police Department .....X.... Zoning Officer RE~.~ ~t~'.~~® .......... Housing Director .....X... Parks Department j~~ () 2 ~~08 ........... Aspen Fire Marshal ..... .... City Water CI1`Y O~ ASPEN .....X... Aspen Consolidated Sanitation District COMMUNITY DEVELOPMENT ........... Building Department ........... Environmental Health ........... Electric Department ........... Holy Cross Electric ........... City Attorney ........... Streets Department ........... Historic Preservation Officer .........City Parking Manager ........... Pitkin County Planning FROM: Errin Evans, Current Planner Community Development Department 130 S. Galena St., Aspen, CO 81611 Phone: 429-2745 Fax: 920-5439 RE: Accessory Dwelling Unit Expansion (850 Roaring Fork Road) - Special Review Parcel ID #2735-121-04-013 DATE: Wednesday, June 25, 2008 COMMENTS: Please review the attached application for an addition to an accessory dwelling unit located at 850 Roaring Fork Road. No DRC meeting will be held for this application. Please have your comments returned by July 15, 2008. Please return your application if you do not want to hold onto it once the review is finished. DRC Meeting: NIA Thank You, Errin Evans C ~r ~~~ ~ ~. I Errin Evans From: Tom Bracewell [tom@aspensan.com] Sent: Monday, June 23, 2008 9:52 AM To: Errin Evans Subject: Re: 850 Roaring Fork Road - No meeting required Attachments: image003.jpg Errin, The Aspen Consolidated Sanitation District would like to see a hard copy of the application. It appears that the proposed new deck may encroach into the district's main sewer line easement. Thanks Tom ----- Original Message ----- From: Errin Evans To: Development_Review_Committee Sent: Friday, June 20, 2008 4:11 PM Subject: 850 Roaring Fork Road - No meeting required This application is for an ADU expansion. It seems minor and nature and we are not planning to have a DRC meeting. Please forward your comments to me if you have any prior to July 7th. I have attached the application if you would like to review the plans. Thanks, Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 r~ Errin Evans From: Sara Adams Sent: Monday, June 23, 2008 11:34 AM ~~~ To: Errin Evans; Amy Guthrie Subject: RE: 850 Roaring Fork Road - No meeting required Attachments: image001.jpg ('b 4 C~ ~ ~~ ~ l~ Hey Errin, 850 Roaring Fork Rd. is on Ordinance #48. From what I understand the ADU is not part of the building that is potentially significant; however since it is on the same parcel Amy or I should sit down with you and review the proposal. Let's chat tomorrow when you are back. Sara From: Errin Evans Sent: Friday, June 20, 2008 4:11 PM To: Development_Review_Committee Subject: 850 Roaring Fork Road - No meeting required This application is for an ADU expansion. It seems minor and nature and we are not planning to have a DRC meeting. Please forward your comments to me if you have any prior to July 7th. I have attached the application if you would like to review the plans. Thanks, Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 www.aspenpitkin.com Susanne H. Goldstein 416 Comstock Avenue Los Angeles, California 90024 September 15, 2008 TO WHOM IT MAY CONCERN; I have a home at 845 Roaring Fork Road, Aspen CO 81611, A building permit has been requested in order to enlarge the building across firom mine, Mr and Mrs Gary Lauder,. The owners of the property, have been model neighbors as have the occupants of the building . I have no objection to the enlargement of this building. Sincerely, .- Susanne L. H. Goldstein 0 City of Aspen Planning & Zoning Commission 130 S. Galena Street Aspen, CC 81.611 To Whom It May Concern: We owr- the property at $50 Roaring Fork Road, directly adjacent to the Lauder Caretaker residence at 660 Ruaring Fork Road. We have reviewed the plans for the ptoposed addition to tkte rear of the residence and the management plan showing construction parking and the area of construction activity. We support this project. Alec 6~. Ga~ Merriam -, ., ,~ w~-, ~c~U f~ . U 1884 MOUntain View Dtive Tiburon, CA 94920 130 S. Galena St. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax ~--- THE CI~1'Y OF ASPEN To: Ibert From: Ervin Evans Fax: 970-925-7418 Pages: Phone: 970-925-7411 Date: ugust 29, 2008 Re: Carriage House Expansion CC: ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle • Comments: Albert: Please give me a call when you receive this. Ervin .~~G ____~ /i - • ~ _ i ~, ,.. -. ., ~'~ \ ,, ~ _ _ ~, ~, ~ • ~ • •. ._ ~ '~_ ~, ~__ ' ~. / ,. ., "2C ~-_-, ~ -__ i -- - ,. ., ~ ~ ..~, ,_~/ i `~_ `^ .~ j ~y_ ~ ~, ..... ~ ~. i • J` \ \~ / - ~: .., -.. ~~~ ., ,. ., ., •. i ~ ._ ,. ~• ~ -. ., ,, .~ ~~ ~ r~-, ,.., R ,, ... ~. ~. 1 ~~ - ~ .. , • '- ,' ...,,~, ~. _ -- ~ ~ ~. ' __ -_ I; r ~ ~ 1 ~ ~ •- ____ _.. '~~ ~,~ ~~~ • ~ ~ ~ ~ ~ ',, \ i ~ __ ~-ry, ,_~ _..~_~ ~~ __ ~ __ _____ -~--- ._. _... i ._ . ~ ~ ~ . i ~ i ~ 1 _.. ~ I ~ 1 ~ ~ I _' - ~ ~ ~, ;; ,± ~, ~. ,, \._ 130 S. Galena St. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax I_ THE CTCY OF ASPEN To: Ibert From: Errin Evans Fax: 970-925-7418 Pages: Phone: 970-925-7411 Date: ugust 29, 2008 Re: Carriage House Expansion CC: ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle • Comments: Albert: I have attached the Ordinance for your review. This Ordinance amends the Land Use Code section regarding increasing non-conforming structures. The section of the Code that also applies to addition is on the website www.aspenpitkin.com -Click community development under City Departments, click zoning information, click land use code, click Part 500. Refer to Section 26.520.050. This section refers to ADU and Carriage House design standards. To alter these standard the applicant must apply for special review. In this case the applicant is applying to vary the size and to construct a portion of this unit sub grade. Please let me know if you have any questions. Errin Evans 429-2745 ' Parcel Detail Page 1 of 3 a„r Pitkin County Assessor/Treasurer Parcel Detail Information A_ ss_essor/Treasurer Pronertv Search ~ Assessor Subset Querv ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tax Information Parcel. Detail ~ Value Detail ~ Sales Detail ~ Residential/Commercial Improvement Detail Land Detail ~ Phot~raphs Tax Area 001 Account Number ~ 8018658 Parcel Number 2007 Mill Levy 273512104013 29.317 Owner Name and Address LAUDER GARY M TRUSTEE 88 MERCEDES LN ATHERTON CA 94027 Legal Description SUB:SECOND ASPEN COMPANY LOT:6 & LOT•7 Location Physical Address: 860 ROARING FORK RD ASPEN Subdivision: SECOND ASPEN COMPANY Land Acres: 1.49 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 9,000,000 716,400 Improvements: 8,650,900 688,610 Total: 17,650,900 1,405,010 „rrtia~~P~~~r/parcel asn7AccountNumbei=8018658 8/14/2008 Parcel Detail Page 2 of y Sale Date: Sale Price: Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics FINISHED BSMT: 2,762 OPEN PORCH: 625 2ND FLOOR: 1,824 FIRST FLOOR: 2,384 GARDEN LEVEL BSMT: 4,184 Total Heated Area: 11,154 Property Class: SINGLE FAM RES- IMPROVEMEN Actual Year Built: 2000 Effective Year Built: 2003 Bedrooms: 6 Baths: 10.5 Quality of Construction: EXCEL T13+ Exterior Wall: STONE VEN Interior Wall: BASE Floor: WOOD Heat Type: RAD WATER Heating Fuel: GAS Roof Cover: WD SHINGLE Roof Structure: GABLE/HIP Neighborhood: NORTH "WEST END" ASPEN Super Nbad: CITY OF ASPEN Tax Information Tax Year I Transaction Type Amount 2001 Tax Abatement $18,617.48 http://www.pitkinassessor.org/assessor/Parcel.asn?AccountNumhPr=u Fa~cel Detail ,,.~,~ Page 3 of 3 ti MU' ~ 2001 I Tax Payment: Whole I I ($18,617.48)I 2002 Tax Amount $21,210.10 2002 Tax Payment: Whole ($21,210.10) 2003 Tax Amount $24,659.46 2003 Tax Payment: Whole ($24,659.46) 2004 Tax Amount $27,890.10 2004 Interest Payment ($557.80) 2004 Interest Charge $557.80 2004 Tax Payment: Whole ($27,890.10) 2005 Tax Amount $30,454.20 2005 Tax Payment: First Half ($15,227.10) 2005 Tax Payment: Second Half ($15,227.10) 2006 Tax Amount $32,008.56 2006 Tax Payment: Whole ($32,008.56) 2007 Tax Amount $41,190.68 2007 Tax Payment: Whole ($41,190.68) Top of Page Assessor Database Search Options ~ Treasurer Database Search Options Pitkin Count Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright ©2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. nra/acceccnr/Parnelacn7AccnuntNumber=R018658 8/14/2008