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Land Use Case.575 Sneaky Lane.0015.2010.ASLU
• THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0015.2010.ASLU PARCEL ID NUMBER 2735 12 2 05 002 PROJECTS ADDRESS 575 SNEAKY LANE PLANNER JESSICA GARROW CASE DESCRIPTION STREAM MARGIN REVIEW REPRESENTATIVE HAAS LAND PLANNING DATE OF FINAL ACTION 4.29.10 CLOSED BY ANGELA SCOREY ON 5.19.10 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: AS4 , Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I ei A GCOV-6 (name, please print) being or rep esenting an Applicant U 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 26.306.010 (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. / !at ... v Signature The foregoing "Affidavit of Notice" was acknowledged before me this .3 day of 1 ,20 Q,by :.. : - • WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOT a c 4[N, Noti ce is h :if b EL g OPME O T general public of the My commission expires: approval ofa site specific development plan, and the creation of a vested property right pursuant to ///��� the Land Use Code of the to City Aspen and Title ,/ 0 J a i 24, Atlide 68, Colorado Revised sed Statutes, perta- IN l I YA / V I I —c 1 ing the following legally described property Lot —^ 1, Tagert Subdivision Aspen, CO, the property y commonly known as 575 Sneaky Lane by order of Notary Public the City of Aspen Community Development De- partment on April 26, 2010. The Applicant re- ceived approval for a Stream Margin Exemption related to the remodel of an existing garage. Far further information contact Jessica arrow, at the St, m City afna Aspen ( 42 t Dept. 9278 fad ATTACHMENTS: S. Galena Aspen. Colorado ado ,n s/ City of Aspen in The Publish The Aspen Times Weekly on May 2, 2010. Publish COPY OF THE PUBLICATION 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. Joseph Cosniac, 221 Losoya, San Antonio, TX 78205 Property Owner's Name, Mailing Address Lot 1, Tagert Subdivision, Aspen, CO; commonly known as 575 Sneaky Lane Legal Description and Street Address of Subject Property Stream Margin Exemption for the remodeling of the garage building Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Community Development Department for a Stream Margin Exemption; received 04/21/2010 and signed for approval 04/26/2010 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 2, 2010 Effective Date of Development Order (Same as date of publication of notice of approval.) May 2, 2013 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 t is 26 • ay of April, 2010, by the City of Aspen Community Development Director. Chris endon, ommunity Development Director RECEPTION #: 568926, 04/28/2010 at 04:00:29 PM, 1 OF 7, R $36.00 Doc Code ORDER Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL For Stream Margin Exemption at 575 Sneaky Lane, Legally Described as Lot 1, Tagert Subdivision, Aspen, CO Parcel ID No. 2735- 122 -05 -002 APPLICANT: Joseph Cosniac REPRESENTATIVE: Mitch Haas, Jodi Jacobson - Haas Land Planning Geoff Lester, Charles Cunniffe Architects SUBJECT & SITE OF AMENDMENT: Stream Margin Exemption for Lot 1 Tagert Subdivision, commonly known as 575 Sneaky Lane, involving the remodel of an existing garage building and creation of an ADU. The applicant is requesting a Stream Margin Exemption, pursuant to Land Use Code Section26.435.040.B.3 SUMMARY: The Applicant has requested a stream margin exemption to remodel an existing garage building on the property and increase the floor area by one - hundred and twenty -eight (128) square feet. The existing garage structure includes two (2) parking spaces and has a bandit dwelling unit. A portion of the structure is currently located within the required fifteen (15) foot stream margin setback. The applicant requested, and received, a Stream Margin Exemption for the remodeling of the primary residence on April 2, 2008. That review approved an increase in Floor Area of approximately ninety -five (95) square feet. When the remodel was conducted, however, the applicant increased the floor are by three (3) square feet. At the time of the original Stream Margin Exemption approval, the property had 4,125 square feet of floor area, and 1,081 square feet of exempt garage and deck space. The applicant also requested, and received, a Stream Margin Exemption for the remodeling of the garage building on November 20, 2009. That review approved an increase in Floor Area of approximately thirty -three (33) square feet, but the applicant did not act on that approval and is requesting this approval instead. The Land Use Code permits an increase of floor area of up to 10% of the existing Floor Area on the property. All exemptions are cumulative. 10% of 4,125 sq ft is 412.5 square feet. The prior remodel resulted in an increase of 3 square feet and this application is for an increase of 128 square feet. The Land Use Code permits an increase of exempt space of up to 25% of the existing exempt space on the property. All exemptions are cumulative. 25% of the 1081 sq. ft. pg. 1of 6 exempt garage is 270.25 sq. ft. The applicant is not requesting any changes to the exempt space. STAFF EVALUATION: Staff finds that the request meets the requirements of a Stream Margin Exemption. The proposal will not require the removal of trees that would require a permit, the proposal does not result in any development being closer to the high water line than existing development, and the proposal is located outside of the 100 -flood plain area. Additionally, the proposal will result in a 128 square foot increase to the property, or an increase of approximately 3.1% in floor area. The total increase in floor area of this approval and the April 2008 approval is approximately 3.17 %. DECISION: The Community Development Director finds the Stream Margin Exemption to remodel the garage as noted above and in Exhibit `B' is consistent with the review criteria (Exhibit A) and thereby, APPROVES the exemption as specified below. The approved Stream Margin Exemption to 575 Sneaky Lane, allows for the remodeling of the garage to increase floor area by up to 128 square feet. This approval hereby vacates the November 2009 Stream Margin Exemption Approval, recorded at Reception Number 565002. APPROVED BY: Chris Bendon Da tE n • " fi 9/0 Community Development Director Attachments: Exhibit A — Review Standards Exhibit B - Approved Plans Exhibit C — Applicant request to vacate the November 20, 2009 approval pg. 2of 6 Exhibit A Review Criteria and Staff Findings Stream Margin Review Exemption: Sec. 26.435.040.B.3 The expansion, remodeling or reconstruction of an existing development provided the following standards are met: a. The development does not add more than ten percent (10 %) to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty -five percent (25 %). All stream margin exemptions are cumulative. Once a development reaches these totals, a stream margin review by the Planning and Zoning Commission is required; and Staff finds this standard is met. The proposal will result in a 128 square foot increase to the property, or an increase of approximately 3.1% in floor area; the proposal will result in no increase in exempt space. b. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. No tree removal permit is required as part of this application. Staff finds this standard to be met. c. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; None of the new development will be located any closer to the high water line than the existing development. Staff finds this criterion is met. d. The development does not fall outside of an approved building envelope if one has been designated through a prior review; and There is no approved building envelop for this property. Staff finds this criterion is met. e. The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100 -year flood plan. There will be no development in the 100 -year flood plan. Staff finds this criterion is met. pg. 3of 6 xh ►bid B ■ < usrwee erebvr m. AYS/Nn 7 ur m w un .r OOYNOIOINS 3143dSV Sif qq E0 Lumamuurommm S 1J311HJifV 3jjlNNfIJ S37?IVHJ 73001/V38 39 JVINSOJ �' § I 1 p6 pp� S3 i Illall 71 -# L i n 1 ti 0 I a . —.. ;' ` �$ — j - I1i en §P 0 hi cc ® a 7 , 0 w :��IIII IIIIIIi II o 'P_ , a o .. e, 1$$ $ s ' s 0 Z , a . 1 o > s 0 Q ��- • 0 g o w E 5 CC Z N ° LL - -- _.. —__... - __ -__.__ W ¢ O w a W h 0 LL N CL 0 0 r s r L —_ o I 1 I r ■< am-ma m snu ms wumu,unwr 00VMOIO]'N3LS' S r 3NVI AYV3NS SL5 S.R 11 _ � . m m_ RE Y I 0 OD IMMO o ' a 1 I_. € a E SL7ank-o V nMNNnJ S37MVHJ 7300W3N 30VNV0 JVINSOJ i t I T A 7 t � at } p' gq P i g t 1 1 y Z ! 5 R 9 $ I 0 0 $ i 00 9311 w §0 { {{d d 1 � � 1y i p ¢ P Oa 06 1'4 3 a 'I Z �� S � �� �� FQ � 5Y 1 �I 1 ,I 'ti` Y o0000000 �L I � it III - _ -_ ' :1 11 1 ��� 'J�. . � VA s II -i " i ® C �� 1 � 1 ''� � li cc - 'lli'lSitii l o 111 w m II 111 111 IIII O O a lid; � III � o :1* , � I � � � E .. 1 AI I i II 'i i i , l i ;'li 1 ® - III ,,H o { 1 o - 1 1 i l l I �, ' , I II X 1 C w I -, ® ! w ® X 11 �! 11 I I ) vi ii z cc - — I iI IS IIII I o w r ! I I „ o ■ I,■ o I 1 ' ` ¢ • i i , i l a o I NI , -1 1 Y;1,__ rr r_3 z a O z U 0 Z O s q s m 1. 3 1 Mil � i� ° rrra II I F 1 1 0 a_ ■ ✓ vl c IArvibi-E C' HAAS LAND PLANNING, LLC RECEIVED APR 262010 April 26, 2010 CITY OF ASPEN COMMUNITY DEVELOPMENT Ms. Jessica Garrow Community Development 130 South Galena Street Aspen, CO 81611 RE: Stream Margin Review Exemption for Garage/ ADU at 575 Sneaky Lane Dear Jessica: Please consider this letter a request for the previous Stream Margin Review Exemption approval granted on November 20, 2009 and recorded at Reception number 565002 to be vacated concurrently with the approval of the Stream Margin Review Exemption requested on April 7, 2010. Truly yours, Haas Land Planning, LLC a Mitc' Haas Owner /Manager • 201 N. MILL STREET, SUITE 108 • ASPEN, COLORADO • 81 61 1 • • PHONE: (970) 925 -7819 • FAX: (970) 925 -7395 • HAAS LAND PLAININIING, LLC RE CVED ) a 1 April 7, 2010 A ; 0 C1TY 0., .,. Ms. Jessica Garrow (LAITY _' I: V E i_;� i ,A4E1Y1 Community Development 130 South Galena Street Aspen, CO 81611 RE: Stream Margin Review Exemption for Garage/ ADU at 575 Sneaky Lane Dear Jessica: Please consider this letter and the attached drawings to represent a formal request for a Stream Margin Review Exemption to remodel the existing garage, and convert its second level into an Accessory Dwelling Unit (ADU) at 575 Sneaky Lane. The subject property is zoned R -30, Low - Density Residential. It has a Parcel Identification Number of 2735 - 122 -05 -002 and is located along Castle Creek on Sneaky Lane. This 24,414 square foot property is owned by Joseph Cosniac (the applicant) and is legally described as Lot 1, Tagert Subdivision. The surrounding neighborhood consists primarily of single family homes and duplexes, as well as the Castle Creek Power Plant /City Shops. The general location relative to the surrounding area is depicted on the vicinity map below. MAPYNESj l C / •i . 1 � Sao n " ",1 ` ............. , — ik ,.„„ ...,. ,, ,„, .....\\i -- .‘i i i 41‘ -._. - ,., ,,,„ .,.:.,,,,,,- ,,,, ,\.,„ -.,;. .4: ., ) 1______,______ =,. = Z a ` , W i ' -' r 4 h ` 1 . Y.r� omovu.po..i` . Meipi . Map Dote e2W7 Vicinity Map - 575 Sneaky Lane, Aspen • 201 N. MILL STREET, SUITE 108 • ASPEN, COLORADO • 81611 • • PHONE: (970) 925 -7819 • FAX: (970) 925 -7395 • In April of 2008, the applicant applied for and was granted a Stream Margin Review Exemption for a modest remodel to the existing home. At that time there was a home with 3,058 square feet of floor area and a detached two - story garage /apartment with 1,067 square feet of floor area. Although the property contained only 4,125 square feet of floor area and allowed for approximately 4,993 square feet of total floor area, the applicant chose to do a simple renovation on the existing home. The renovation maintained the same footprint, while slightly reconfiguring the roof form at the back of the house, and re- siding its exterior. During the exemption request the applicant planned to use a 5" thick stone veneer wainscot base around the 1st floor exterior which would have added approximately 95 square feet to the then existing total floor area. However, a 1" thinstone was used instead. Since there was actually a decrease in the floor area of the living room, the overall increase to the FAR of the home after the renovation amounted to only three (3) square feet or 0.098 %. The FAR of the home is now 3,061 square feet. At this time, the applicant would like to renovate the existing, detached garage/ apartment by re- siding the outside, and converting the upstairs space into a legal ADU. In order to create improved livable space above the garage, the roof will need to be raised as there currently exists less than Code required minimum head height clearance along the east and west sides of the unit interior. The applicant plans to replace the existing roof with a higher roof to allow for all interior spaces to be habitable. The existing FAR of the subject detached, accessory structure is 1,067 square feet, including 372 square feet of garage, 642 square feet in the apartment, and 53 square feet of circulation space on the garage level. After the renovation the FAR of the ADU will increase by 120 square feet for a total of 762 square feet, plus the 53 feet of circulation space on the lower level. The addition of the 1" thinstone to the lower level of the structure will increase that level's FAR by approximately 8 square feet. Therefore, the total increase in FAR for this renovation will be 128 square feet. Since all stream margin review exemptions are cumulative one must add the prior exemption to this exemption to ensure that the result remains below a ten percent total increase to the overall floor area on the property. The total FAR before the exemption requests was 4,125 square feet. The first exemption request added only 3 square feet, while this request adds an additional 128 square feet, for a total of 131 square feet or 3.17% of the total floor area prior to the exemptions. The total floor area on the property after this renovation will be 4,256 square feet. Cosniac SMR Exemption & ADU Application Page 2 According to Section 26.410.010(D)(2) of the Code, the renovation of this property is exempt from the Residential Design Standards since the proposed changes to the exterior of the building are not addressed by any of the standards. No change is being made to the building orientation or build -to lines, nor are any fences proposed. Since this parcel is not located within the Aspen Infiil Area, the sections relating to secondary mass, non - orthogonal windows and inflection are not applicable. Although the proposed renovation involves changes to the exterior and roof of the existing garage, there will not be any change relevant to the design standards. The quality of the exterior materials and details are not precluded in any way since their application will be consistent on all sides of the building, and will be used in ways that are true to their characteristics. No highly reflective surfaces will be used. Stream Margin Review Exemption "Development" is defined in the Definitions Section of the Code (26.104.100) as, The use or alteration of land or land uses and improvements inclusive of but not limited to: 1) the creation, division, alteration or elimination of lots; or 2) mining, drilling (excepting to obtain soil samples or to conduct tests) or the construction, erection, alteration, or demolition of buildings or structures; or 3) the grading, excavation, clearing of land, or the deposit or fill in preparation or anticipation of future development, but excluding landscaping. Section 26.435.040(A) of the Code provides that all development within one hundred (100) feet, measured horizontally, of the high water line of the Roaring Fork River and its tributary streams, and within the Flood Hazard Area (100 year flood plain) is subject to Stream Margin Review. The Code explains that this heightened review is needed to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of watercourses. The subject property and its existing residence and garage are located within 100 feet of Castle Creek, a tributary of the Roaring Fork River. The proposed renovation falls within the parameters of "development," and would appear to subject this property to Stream Margin Review. However, the Community Development Director may exempt certain types of development from Stream Margin Review (see Section 26.435.040(B)), including the expansion, remodeling or reconstruction of an existing development, provided that certain standards are met. Those exemption standards are contained in Section 26.435.040(B)(3) of the Code and are presented below in italicized print, with each Cosniac SMR Exemption & ADU Application Page 3 M followed by a response demonstrating compliance and /or consistency therewith, as applicable. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent. All stream margin reviews are cumulative. Once a development reaches these totals, a Stream Margin Review by the Planning and Zoning Commission is required; The proposed renovation is keeping the same footprint as the existing garage, reconfiguring the roof line, and updating the exterior of the structure to complement the recent renovation to the single - family home. The increase in total floor area from the garage/ ADU renovation will be 128 square feet, or approximately 3.1% of the existing floor area on the property. When this addition is combined with the prior Stream Margin Review Exemption, which added only 3 square feet to the floor area on the property, the cumulative increase to FAR will be 131 square feet, or 3.17% (131sf = 4,12550 of the total floor area on the site prior to these exemptions. There will be no increase in exempt space. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code;. No trees that would require a permit are being removed. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; No portion of the remodel will be any closer to the high water line than is the existing development. The proposed renovation maintains the same footprint as the existing structure. The structure's current distance from the high water line is approximately 14 feet at the SW corner of the building. As previously mentioned, the SW corner of the existing structure extends slightly into the 15 foot setback from the high water line. This SW corner of the building will continue to be the only portion of the garage/ ADU that extends into the setback, but in an unchanged manner. Cosniac SMR Exemption & ADU Application Page 4 The development does not fall outside of an approved building envelope if one has been designated through a prior review; There is no approved building envelope on the property; thus, the development does not fall outside of an approved building envelope. The expansion, remodeling, or reconstruction will cause no increase to the amount of ground coverage of structures within the 100 -year flood plain. The existing garage and the proposed remodel remain wholly outside of the 100 -year flood plain. Since the proposed development meets all of the standards allowing an exemption from Stream Margin Review, the owner respectfully requests that the exemption be granted. Accessory Dwelling Units (ADU) Additionally, the applicant would like to convert the second level of the detached garage into a legal ADU. All ADU and Carriage Houses must conform to certain design standards unless otherwise approved, pursuant to Subsection 26.520.080.D, Special review. The standards of Section 26.520.050 are presented below in italicized print and each is followed by a response demonstrating compliance and /or consistency therewith, as applicable. 1. An ADU must contain between three hundred (300) and eight hundred (800) net livable square feet, ten percent (10 %) of which must be a closet or storage area. A carriage house must contain between eight hundred (800) and one thousand two hundred (1,200) net livable square feet, ten percent (10 %) of which must be closet or storage area. The proposed ADU will contain approximately 714 square feet of net livable area (668 square feet upstairs and 46 square feet in its entryway on the garage level). The storage area consists of a 26 square foot closet within the unit and 46 square feet of additional storage under the stairs on the garage level, for a total of 72 square feet, which is ten percent of the net livable of the ADU. 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; Cosniac SMR Exemption & ADU Application Page 5 The ADU will be separately accessible as it is proposed to be built above the detached garage, which is detached from the primary residence. Additionally, there will be a separate entrance for the ADU on the east side of the garage building. b. An ADU or carriage house must have separately accessible utilities. This does not preclude shared services; The utilities for the ADU will be separately accessible via a panel /circuit breaker in the garage. c. An ADU or carriage house shall contain a kitchen containing, at a minimum, an oven, a stove with two (2) burners, a sink and a refrigerator with a minimum of six (6) cubic feet of capacity and a freezer; and The proposed ADU will have a kitchen with an oven, stove, sink and a refrigerator /freezer, all of at least the respective size required. d. An ADU or carriage house shall contain a bathroom containing, at a minimum, a sink, a toilet and a shower. The proposed ADU will have a bathroom containing a sink, a toilet, and a shower. 3. One (1) parking space for the ADU or carriage house shall be provided on -site and shall remain available for the benefit of the ADU or carriage house resident. The parking space shall not be stacked with a space for the primary residence. One of the parking spaces inside of the garage is designated for the ADU. 4. The finished floor heights 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 ADU will be built above the existing garage, and thus entirely above grade. 5. The ADU or carriage house shall be detached from the primary residence. An ADU or carriage house located above a detached 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 AD U or carriage house as detached. Cosniac SMR Exemption & ADU Application Page 6 e «. The ADU will be built above the garage, which is detached from the primary residence and some 50 feet away. 6. An ADU or carriage house shall be located within the dimensional requirements of the Zone District in which the property is located. The proposed ADU meets the all of the applicable dimensional requirements of the R -30 Zone District. The front, side, and rear yard setbacks of the ADU are all well in excess of the minimums required. The height of the structure is well below the 25 foot maximum and the distance between this accessory building and the primary residence is much more than the minimum ten feet required (approximately 50 feet). 7. 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 of preventing snow and ice from accumulating on the stairs shall be provided. The proposed roof design will ensure the prevention of ice and snow from shedding on the entrance to the ADU. The ADU will be accessed via internal stairs. 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 International Building Code requirements related to adequate natural light, ventilation, fire egress, fire suppression and sound attenuation between living units. This standard may not be varied. The ADU will be developed in accordance with the applicable residential development standards of the Code. There will be adequate natural light (entire ADU is above grade), ventilation, and fire egress. Sound attenuation between living units is not an issue since the ADU is above the detached garage, which is approximately 50 feet away from the primary residence. 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 and enforcement. This standard may not be varied. (Ord. 53 -2003, § 2) The ADU will be registered with the Housing Authority and deed - restricted in accordance with Section 26.520.070 of the Code. Cosniac SMR Exemption & ADU Application Page 7 It is hoped that the provided information and responses prove helpful in the review of this application. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC Mitch Haas Owner /Manager Attachments: Exhibit 1: Pre - Application Conference Summary Exhibit 2: Proof of Ownership Exhibit 3: Authorization for Haas Land Planning, LLC (HLP) and Charles Cunniffe Architects (CCA) Exhibit 4: Fee Agreement Exhibit 5: Improvement Survey Map (Existing Conditions) Exhibit 6: Architectural Renderings from CCA Exhibit 7: 2008 Staff Decision Granting SMR Exemption for Residence Remodel Exhibit 8: Land Use Application and Dimensional Requirements Form Cosniac SMR Exemption & ADU Application Page 8 EXHIBIT CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 970.429.2780 DATE: 11/9/09 PROJECT: 575 Sneaky Lane REPRESENTATIVE: Jodi Jacobson, jodisnow cr hotmail.com Haas Land Planning TYPE OF APPLICATION: Stream Margin Exemption DESCRIPTION: The owner is interested in remodeling a garage building that includes two parking spaces at grade and a bandit unit located above. The applicant is interested in legalizing the unit as a deed restricted "for rent" ADU. The property is located adjacent to the Roaring Fork River, and is required to undergo a stream margin review. The applicant is proposing "popping" the top of the building up to enlarge the unit and ensure the new ADU unit complies with existing requirements in the and use code. A property can expand floor area by up to 10% and qualify for a stream margin exemption. The 10% is cumulative. This property previously received approval for a stream margin exemption associated with a remodel of the main house. The applicant must provide documentation regarding the increase in square footage from the previous application, as well as the increase proposed with the new application. Below is a link to the Land Use application Form for your convenience. http://www.aspenpitkin.com/pdfs/depts/41/landuseappform.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.040 Environmentally Sensitive Areas — Stream Margin 26.520 ADUs and Carriage Houses Follow link below to view the City of Aspen Land Use Code http:// www. aspenpitkin .com /deptsl38 /citycode.cfm Review by: Community Development Staff Public Hearing: None Planning Fees: $735.00 for administrative review. Additional time over three (3) hours will be billed at $245 per hour. (Note, if four (4) or more variances are required, a deposit of $1,470 will be required; if an administrative application is made and not granted and the owners wish to take the case to the Planning and Zoning Commission, an additional fee of $735 will be required.) Total Deposit: $735.00 Total Number of Application Copies: 2, 1 set of full size plans To apply, submit the following information: 1 I Total Deposit for review of application. 1 1 Pre - application Conference Summary. 1 1 Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. I I 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. 1A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. 1 I A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. 1 !Completed Land Use application and signed fee agreement. 1 J An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 2 copies of the complete application packet and maps. I I A written description of the proposal and a written explanation of how a proposed d evelopment complies with the review standards relevant to the development application § 26.435.040.B.3, Stream Margin Review Exemption. Disclaim 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. 531762 EXHIBIT Page: /04/2006 0101:00 E s Z 12 JANTCE K VOS CRUOILL PITKTN COUt4TY CO R 10.00 D 0.00 QUIT CLAIM DEED AND AGREEMENT TERMINATING LIFE ESTATE ANNELIESE HUTT COSNIAC as to an undivided 50% interest and ANNELIESE J. COSNIAC as to an undivided 50% interest entered into a certain Confidential Life Estate Agreement with JOSEPH COSNIAC, by this document the parties desire to terminate the Confidential Agreement made between them, a. Memorandum of which was recorded as Reception No. 498883 of the records of Pitkin County Colorado, and further ANNELIESE HUTT COSNIAC and ANNELIESE J. COSNIAC who are one in the same person, desires to convey her entire interest in and to Lot 1, Tagert Subdivision, Pitkin County Colorado, as more fully shown on the Plat thereof, and commonly known as 575 Sneaky Lane, Aspen, Colorado 81611 to JOSEPH COSNIAC, NOW, THEREFORE, the parties hereto, ANNELIESE HUTT COSNIAC and ANNELIESE 7. COSNIAC, who are one in the same person and JOSEPH COSNIAC agree as follows: 3. The Confidential Agreement referred to in the Memorandum of Agreement Regarding Life Estate which Memorandum is recorded as Reception No. 498883 is terminated, and is of no further force and effect. 2. The Life Estate created in JOSEPH COSNIAC by ANNELIESE HUTT COSNIAC and ANNELIESE 3. COSNIAC by the Deed recorded as Reception No. 498882 of the records of Pitkin County Colorado is hereby released and terminated. 3, By this instrument ANNELIESE HUTT COSNIAC, as to an undivided 50% interest and ANNELIESE J. COSNIAC as to an undivided 50% interest hereby quit claims and conveys to JOSEPH COSNIAC, free and clear of the Life Estate herein referenced, the following real property situate in the County of Pitkin, State of Colorado to wit: Lot 1, Tagcrt Subdivision, Pitkin County Colorado according to \,(4 the recorded Plat thereof, said property being commonly blown as .7" 575 Sneaky Lane, Aspen, Colorado. eliese Hutt Co niac eZ' ` G ( " Anneliese 1. Cos J Os osniac ACKNOWLEDGEMENT ON FOLLOWING PAGE t I A6 � i L 1oa- Cn NnVo (\NO r Z 10/02/2007 09:08 FAX z1U sza ilovo 53'1762 • l 12/C4/2006 D 0.00 1:01 J NICE K VOS CAUDiLL PITKi4 COUNT Y GO R SA,00 - TE OF COLORADO ) )ss. CO PITKIN ) The foregoing . a ment was . - • owledged before me this ZSZi day of September, 2006 by Anneliese ■ ` .sniac. WITNESS ► ' AND AND &FPI,. - EAL. M c o ssion expires: — •• 1 ' BAL Not Public ATE OF COLORADO ) 11 0— )ss. COUNTY • The foregoing in ment was - • owledged before me this day of September, 2006 by Anneliese . . - ac. WITNESS ■'•' . AND OFFI •• SEAL. My - y - . mission expires: ' — 1 11 X0 -S o Public STATE OF ) . .�., )ss. COUNTY OF t Ve-)Car" ^ day of The foregoing instrument was acknowledged before me this September, 2006 by Joseph Cosniac, WITNESS MY HAND AN OFFICIAL SEAL - My commission expires: Notary Public CINDY NOUST� N 1 Notate Public q. t Y I STATE pP?EXAS i My Comm. Exp. 01 -14 -2010 . , .„..„ • d, 1111I 1111111111111111111111111111181111 P 12/04/2006 of 3 ei _011 . . . , STATE OF COLORADO ) IIIIIIilll1 NCMUOIU. PITON COUNTY CO R 16.00 D 0.00 COUNTY OF print )• The foregoing instrument ems acknowledged before me on ibis 25 day of September. 2006 by _ .. ,• elm Hutt Coaniae. ---01.. �Y PIle .., I ' M m commission iew owz SEAL. S s PAGO$E i _!i A . L.. %.G2 Public STATE OF COLORADO ) COUNTY OP 41g ) The foregoing iosti mentwas acknowledged before me on this 25 day of September. 2006 by Annabese L Cotniac. ANp QF � • SEAL. WITNESS MY RAND _4p P fj e `,, My commissionexpirea /- Q PLQ PAGONE LE L. i ; Pablie PAGO . %�� . �. • OF 00X14 -- OF COLORADO ) COUNTY OF PITKIN ) The fcmgoiag instum nt was acknowledged before me on this day of September, 2006 by Soseph Comic. WITNESS Im2YHAND AND OFFICIAL SEAL lviy oommieaicn expires • • • • EXHIBIT • 3 3 City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: Lot 1, Tagert Subdivision (575 Sneaky Lane) (PID# 2735 - 122 -05 -002) Request for Stream Margin Review Exemption and ADU Approval To whom it may concern: As owner of the above referenced property, I hereby authorize Haas Land Planning, LLC (HLP) and Charles Cunniffe Architects (CCA) to act as designated and authorized representatives for the preparation, submittal and processing of a letter requesting the exemption and approval listed above, as well as, any subsequent applications associated therewith. HLP and CCA are also authorized to represent us in meetings with City staff, the Hearing Officer, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in the letter. Yours truly, ;:reph Cosniac /221 Losoya San Antonio, TX 78205 (210) 862-3139 EXHIBIT r•+ Ei CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Joseph Cosniac (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Stream Margin Review Exemption and ADU Approval for the property located at 575 Sneaky Lane (Lot 1, Tagert Subdivision) (PID# 2735- 122 -05 -002) (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT 011 a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY' s waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 735 which is for 3 hours of Community Development staff 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 at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. 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C E ., ...I ^ '' �., ... ...a // — O N t U 1 O e W ° 3 H Z En co 0 r u ,�. � , y ■ ... ... ❑ ■ 1 11. 111 i i , P �1P 1 II;` i11p�I , i ..� � lYs misin1L111�ri� - -- y , 2 111 T EXHIBIT • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE CODE EXEMPTION JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: Section 26.435.040 Section 26.410.010(8)(3) Section 26.610.030 EFFECTIVE DATE: April 2, 2008 WRITTEN BY: Errin Evans, , Current Planner • APPROVED BY ennifer Phelan, te: Deputy Community Development Director COPIES TO: City Attorney City Planning Staff PROPERTY OWNER: PROPOSED LAND USE: Joe Cosniac The Applicant is requesting to remodel the existing single family dwelling. REPRESENTATIVE: Mitch Haas, Haas Land Planning, LLC STAFF RECOMMENDATION: LOCATION: Staff recommends that the applicant be exempt from Civic Address — 575 Sneaky Lane; the Stream Margin Review. Legal Description — Lot 1, Tagert Subdivision; SUMMARY: Parcel Identification Number — 2735- The intended remodeling planned for 575 Sneaky Lane 122 -05 -002 is exempt from Stream Margin Review under Development in Environmentally Sensitive Areas in the CURRENT ZONING & USE Land Use Code, if the remodel is as submitted by Mitch Located in the Low Density Haas of Haas Land Planning on March 27' 2008. Residential (R -30 PUD) zone district containing a single family home. STAFF EVALUATION: Mitch Haas submitted a request, on behalf of the owner of 575 Sneaky Lane to be considered exempt from Stream Margin Review. The site plan submitted meets all the requirements to be exempt from the review. The Land Use Code lists the qualifying standards for a project to be considered exempt from Stream Margin Review: 1. Section 26.435.040 Stream Margin Review B. Exemptions: 3. The expansion, remodeling, or reconstruction of an existing development provided the following standards are met: a. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from the floor area calculations by more than twenty -five (25) percent. All stream margin exemptions are cumulative. Once a development reaches these totals, a Stream Margin Review by the Planning and Zoning Commission is required; and The remodeling is adding 2.5% of floor area which is less than the permitted 10% to the existing structure. Please note that these exemptions are cumulative and future additions will be required to incorporate the additional 95 square feet from this remodel. b. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. No trees will be removed for this project. c. The development is located such that no portion of the expansion, remodeling, or reconstruction will be any closer to the high water line than is the existing development; No portion of the expansion will be closer the high water line. The portion of the building closest to the high water line will not receive the wainscoting exterior futish. d. The development does not fall outside of an approved building envelope if one has been designated through a prior review; and The development does not fall outside an approved building envelope. e. The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100 year flood plan. There will be no increase to the amount of ground coverage of structures within the floodplain as a result of the remodel. DECISION Staff has referred to Land Use Code Section 26.435.040 Stream Margin Review (B) Exemptions and found that the proposed remodel meets all the criteria as required to be exempt from review. Stream Margin Review exemptions require approval from the Community Development Director. LIST OF EXHIBITS Exhibit A — Applicant's Request • EXHIBIT 1 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: Sire OWP) JY1al-yivl peuieto CxemphGn -for Garrut/AD4 Location: S/ 5 Snea. Lane C (. -t i. ,Tate %f Suhdivisien (Indicate street address, lot & block number, legal description where appropria ) Parcel ID # (REQUIRED) X1 %5 - 4 2a. -- O S - OO. APPLICANT: ''--��-- Name: LJ052 ()k CO5Yllat, Address: 0Q 21 Lo509 o, ) gan Anfnn/n - 78x05 Phone #: 0i0 g6 3 139 REPRESENTATIVE: Name: F- Lane) njannin8 Address: c20! N. MITI 5*r -c4 54), /08, Aspen, Ca $lki Phone #: e n 0 q a.5 -] 8 I q TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ill ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment El Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) c-St nyle Bird y 05Me - r tit-/ached yllra9e /ADL( PROPOSAL: (description of proposed buildings, uses, modifications, etc.) modPI P x i sti jaruche N14 cowl- up es !earl iv a /eon/ ATM (see kinc item Ann - Reim Steam Margin keviesu) Have you attached the fo owing? FEES DUE: $ 935 5 Pre - Application Conference Summary ® Attachment #1, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements - Including Written Responses to Review Standards 3 -D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: S rc 0.rn fVtar&Rn QPvitw Fx -enypiCon &nr dcfa.chid Garag /ADt{ Applicant: 30 seek CoSntac Location: 51S Sn¢ahg Aspen Zone District: g-3 Lot Size: M0 at{ 1 4 41 1 4 Stwnre -rd Lot Area: .t3, 0114 Sehlinae feel (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: NM Proposed: NIA Number of residential units: Existing: I Proposed: 1 plus ANA Number of bedrooms: Existing: nl /A Proposed: N/A Proposed % of demolition (Historic properties only AIR DIMENSIONS: Floor Area: Existing: 411 a8 Allowable: 4 Proposed: qt a6 Principal bldg. height: Existing: N/A Allowable: NSA Proposed: N/A Access. bldg. height: Existing: <aC Allowable: 35 Proposed: < as On - Site parking: Existing: > 3 Required: 3 Proposed: >3 % Site coverage: Existing: NIA' Required: NJ Proposed: AI /A % Open Space: Existing: NIA Required: /' /A Proposed: NA Front Setback: Existing: ) 3 0 Required: 30 Proposed: > 3 0 Rear Setback: Existing: > 5 Required: 5 Proposed: .> S Combined F/R / : Existing: l A " Required: N Proposed: AIM Side Setback: Existing: > 1 0 Required: i Proposed: > 1 Side Setback: Existing: > I 0 Required: /0 Proposed:) 1 "O Combined Sides: Existing: k A - Required: N/A Proposed: N/A Distance Between Existing > 1 0 Required: / 0 Proposed: >10 Buildings Existing non - conformities or encroachments: ,L.o 4 - 5/2e, Variations requested: /1/p✓)2. 1 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: April 20, 2010 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 0015.2010.aslu, 575 Sneaky Lane. The planner assigned to this case is Jessica Garrow. 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. ✓ 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. Thank You, J; ssica Ga . , Long Range Planner e ity of As le , Community Development Department G: \NEW G DRIVE FOLDERS_CITY \PLANNING \Land Use Cases \Current \Jessica \575 Sneaky Lane \Completeness Letter575 sneaky_ 2010Application.doc 2 .735- 2--- -002 j.r».lit:. 'EMU File Edit Record Navigate Form Reports Format Tab Help �j __i W ■ ►.! = L n - / . _ _ 124. Jump ® mp 1 : * A I 61 1 : g ci Ar i • j Main ( Custom Fields Routing Status Fee Summary. Actions Routing History I c, - � I c Permit type aslu Aspen Land Use Permit # 0015 2010.ASLU a y Address 1575 SNEAKY LN 1 Apt/Suite ° o City ASPEN State fC0 I Tip 81611 xx Permit Information o Master permit Routing queue aslu07 Applied 4/12/2010 z Project Status pen Approved o I F Description STREAM MARGIN REVIEW EXEMPTION FOR GARAGE /ADU Issued L Final Submitted I FHAAS LAND PLANNING 925 7819 Clock Running Days 0 Expires 4/7/2011 • 1 Submitted via Owner Last name COSNIAC JOSEPH First name 221 LOSOYA SUITE 58 XX SAN ANTONIO TX 78205 ' Phone ( ) Address Applicant ❑r Owner is applicant? ❑ Contractor is applicant? i I Last name COSNIAC JOSEPH First name 221 LOSOYA SUITE 58 XX i SAN ANTONIO TX 78205 Phone ( ) - Cust # 28775 Address Lender Last name 1 First name I Phone ( ) - Address ' Displays the permit lender's address AspenGold5 (server) angelas View 1 of 1 ,;; V 773-11 P � , \o A ...--...-----------......" /\.\\*(1/ \j'.°