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HomeMy WebLinkAboutLand Use Case.CU.270 N Spring St.A48.98RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT DEED RESTRICTED TO MANDATORY OCCUPANCY, STREAM MARGIN REVIEW, AND WAIVERS OF RESIDENTIAL DESIGN STANDARDS FOR "VOLUME" AND "GARAGE PLACEMENT" FOR THE PROPOSED BRANDING GROUP RESIDENCE, 270 NORTH SPRING STREET, NORTH HALF OF LOT 2 AND ALL, OF LOTS 3, 4, 5, AND 6, BLOCK 2, OKLAHOMA FLATS ADDITION, CITY OF ASPEN. Parcel No. 2737 - 073 -11 -005 Resolution #98 -a5 WHEREAS, the Community Development Department received an application from Kristeen Rosenberg of the Branding Group, owner and applicant, requesting Conditional Use approval for an Accessory Dwelling Unit of approximately five hundred and eighty seven (587) square feet, deed restricted to mandatory occupancy, to be located in a space above a proposed garage, a request for Stream Margin Review approval for development within the 100 -year floodplain, and a request for variances to the "Volume" and "Garage Placement" elements of the Residential Design Standards for a new residence to be located at 270 Spring Street, north half of Lot #2 and all of Lots 3, 4, 5, and 6, Oklahoma Flats Addition; and, WHEREAS, the parcel is approximately 14,175 square feet and located in the Low Density Residential (R -30) Zone District; and, WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units in the R -30 Zone District may be approved by the Planning and Zoning Commission as a Conditional Use in conformance with the requirements of said Section; and, WHEREAS, pursuant to Section 26.68.040 Stream Margin Review, development within the 100 -year floodplain, in conformance with said Section, may be approved by the Commission; and, WHEREAS, pursuant to Section 26.58 Residential Design Standards, the Design Review Appeal Committee, or any other Board for which land use approval is required, may waive certain requirements of said Section upon finding the development either (a) is in greater compliance with the goals of the AACP, (b) exhibits a more effective method of addressing standard in question, or (c) exhibits a necessary reason for a waiver based on unusual site specific constraints; and, WHEREAS, the Housing Office, Water Department, Fire Marshall, Aspen Consolidated Sanitation District, City Engineering, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a public hearing at a regular meeting on September 15, 1998, the Planning and Zoning Commission approved by a 7 -0 vote the Conditional Use for an Accessory Dwelling Unit deed restricted to mandatory occupancy, approved the Stream Margin Review, and waived the "Volume" and "Garage Placement" element of the 1111111 11111 111111 111111 1111 11111 111111 ill 11111 1111 1111 423440 10/20/1998 11:116 RESOLUTI DAVIS SILVI 1 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO _1' tury Residential Design Standards for the Branding Group residence, 270 Spring Street, with the conditions recommended by the Community Development Department, as amended by the Commission during the hearing. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for a 587 square foot Accessory Dwelling Unit, deed restricted to mandatory occupancy, to be located above a proposed garage, the Stream Margin Review, and the waiver of the "Volume" and "Garage Placement" elements of the Residential Design Standards are approved for the proposed Branding Group residence, 270 North Spring Street, with the following conditions: 1. Before the building permit application may be accepted, the applicant shall provide a current site improvement survey wet signed and sealed by a Registered Engineer or Land Surveyor. 2. The Planning and Zoning Commission hereby approves the 587 square foot Accessory Dwelling Unit, as represented. The Zoning Officer shall measure half of the ADU's Floor Area as contributing to the maximum allowable for the parcel as the unit shall be deed restricted to mandatory occupancy. 3. Before issuance of a building permit, the Accessory Dwelling Unit shall be deed restricted and registered with the Housing Authority. Prior to issuance of a Certificate of Occupancy, the Unit shall be inspected by the Housing Authority or the Zoning Officer to ensure the unit was built in substantial conformance with the permit plans and this Resolution. 4. The permit plans shall designate one on -site parking space for the Accessory Dwelling Unit which is not stacked with a space for the primary residence. 5. The Planning and Zoning Commission hereby waives the "Volume" and "Garage placement" elements of the Residential Design Standards for this project. Any substantial change to the proposed residence which necessitates an additional or different variance from the design standards shall require review and approval by the Design Review Appeal Committee, or any other board from which the project requires land use approval. 6. The building envelope for this parcel shall coincide with the zoning setbacks for this parcel. The top -of -slope does not occur within the parcel boundaries. The front yard shall be measured from the Bay Street parcel line. No development may occur outside of this building envelope accept as represented on the proposed landscape plan. The applicant shall provide a landscape plan, with the building envelope shown, with the building permit set for review and approval. 7. The building envelope shall be barricaded to protect existing vegetation prior to issuance of a building permit. Adequate construction access should be placed to minimize disturbance to the existing vegetation but does not need to be barricaded. 8. All exterior lighting shall be downcast and not used to accentuate architectural or landscape features of the property. 9. The applicant shall, to the extent practical, coordinate the relocation of the cabin and smaller accessory structure with Denise Reich, neighbor. This condition shall pot be construed to be a condition of this development proposal. 111111 11111 111111 111111 1111 11111 111111 III 41111 IN IIII 423440 10/20/1998 11:11ii RESOLUTI PgVIS SILVI 2 of 4 R 21.00 D 0.00 N 0.00 PITKIPi COUNTY CO 10. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code. 11. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall pay all connection charges due to the Aspen Consolidated Sanitation District. The applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the ACSD superintendent. 12. Prior to issuance of a building permit, the applicant shall obtain a permit from the Environmental Health Department for any certified woodstoves or gas log fireplaces (new coal- & woodburning fireplaces are not allowed). 13. Prior to issuance of a building permit, the applicant shall submit a drainage report and a drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 14. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a Floodplain Elevation Certificate, demonstrating the structure has been constructed according to requirements of building within the floodplain, to the City Engineer. 15. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 16. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right -of -way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Meter locations must be accessible for reading and may not be obstructed. 17. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 18. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 19. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 10 p.m. 20. Before issuance of a.building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 21. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 1111111111111111111111111111 N 3 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO MAY IT FURTHER BE RESOLVED by the commission: that with regards the proposed guest parking along the north side of the property which represents a second curb cut disallowed by the; 6icipif cbde, th$ disposition of this Planning and Zoning Commission is that upon tq;curbing and guttering of Bay Street the City should allow for a second curb cut for roperC}�,at this locati0x. This disposition does not create a legal or vested right. ; APPROVED by the Commission at its regular meeting on September 15, 1998 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Y ckie Lothian, Dfeputy City Clerk Sara Garton, Chair 1 111111 11111 111111 111111 1111 111 111111 1111111 I I I ! 4 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY C:0 J-it5 ' YZtA41 no �r ksp) 17 (r� " ��b� F ono � 6� 'aAr.ex- i7 4 1®R � � a6►� �' Gw� � or1 I��M —�-Ad� MEMORANDUM TO: Planning and Zoning Commission THRU: Julie Ann Woods, Deputy Director _ FROM: Christopher Bendon, Planner RE: Branding Group -- 270 North Spring Street. Conditional Use for an Accessory Dwelling Unit (GMQS Exemption) Stream Margin Review Residential Design Variances DATE: September 15, 1998 SUMMARY: Kristeen Rosenberg of the Branding Group, applicant and owner, has applied for Conditional Use approval for an Accessory Dwelling Unit, Stream Margin Review, and a waiver from the Residential Design Standards for the placement of the garage and for windows within the 9 -12 foot `no window zone.' The property is located at the intersection of Spring and Bay Streets within the Oklahoma Flats Addition. It is currently developed with a small cabin and two accessory structures. The parcel is not adjacent to the river, but must gain Stream Margin Review because it is within the 100 -year floodplain. The Accessory Dwelling Unit will allow for an exemption from Growth Management. The applicant is seeking an FAR bonus for the detached unit. Staff recommends the Planning and Zoning Commission approve the Conditional Use, the Stream Margin, and Residential Design Variance for "Volume" for the Branding Group residence, with conditions. APPLICANT: Kristeen Rosenberg of the Branding Group. Represented by Bill Poss and Associates, Architecture and Planning. LOCATION: 270 North Spring Street. ZONING: Low Density Residential (R -30) LOT SIZE: 14,175 square feet. LOT AREA (FOR PURPOSES OF FAR CALCULATION): FAR: 14,175 square feet. Allowable -- 4,442 square feet Existing -- not provided (probably less than 1,000 s.f.) Proposed -- 4,442 square feet CURRENT LAND USE: Single - Family home with accessory buildings. PROPOSED LAND USE: Single - Family home with an Accessory Dwelling Unit PREVIOUS ACTION: The Commission has not previously considered this case. 0 REVIEW PROCEDURE: Conditional Use. The Commission shall approve, approve with conditions, or disapprove the application at a public hearing. Stream Margin. The Commission shall approve, approve with conditions, or disapprove the application at a meeting. Residential Design Appeals. The Design Review Appeal Committee (DRAC), or any other board for which land use approval is required, shall approve, approve with conditions, or disapprove the application at a public hearing. STAFF COMMENTS: The parcel is currently developed with a small cabin and two accessory structures (which are actually larger than the cabin). Denise Reich, neighbor, has contacted the applicant and the City Staff concerning moving the cabin and the smaller shed structure to a vacant lot along the river within the same neighborhood. Staff has included a condition of this approval that the applicant cooperate to the extent practical with moving these structures. This condition is meant to encourage the applicant to transfer the two buildings but not restrict their development plans if the coordination cannot be accomplished. Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit `B." The application has been included as Exhibit "C." RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the Conditional Use for an Accessory Dwelling Unit, the Stream Margin Review, and the Residential Design Waivers for the Branding Group project, 270 North Spring Street, with the following conditions: 2 I . Before the building permit application may be accepted, the applicant shall provide a current site improvement survey wet signed and sealed by a Registered Engineer or Land Surveyor. 2. The Planning and Zoning Commission hereby approves the 587 square foot Accessory Dwelling Unit, as represented. The Zoning Officer shall nigsu half of tl e Q F o r Area as contributing to the maximum allowable for the parcel if-eiEmnt>s�yedtestricted to mandatory occupancy, if th t - "' �_c •r F "A ...,,rea . „:r ,e ' °� -°- 3. Before issuance of a building permit, the Accessory Dwelling Unit shall be deed restricted and registered with the Housing Authority. Prior to issuance of a Certificate of Occupancy, the Unit shall be inspected by the Housing Authority or the Zoning Officer to ensure the unit was built in substantial conformance with the permit plans and this Resolution. 4. The permit plans shall designate one on -site parking space for the Accessory Dwelling Unit which is not stacked with a space for the primary residence. 5. The Planning and Zoning Commission hereby waives the "Volume" elemengof the Residential Design Standards for this project. Any substantial change to the proposed residence which necessitates an additional or different variance from the design standards shall require review and approval by the Design Review Appeal Committee, or any other board from which the project requires land use approval. 6. The building envelope for this parcel shall coincide with the zoning setbacks for this parcel. The top -of -slope does not occtlywithin the parcel boundaries. The front yard shall be measured Lind No development occur outside of this building envelope from the Bay Street parcel may acce or the driveway to the garage, native vegetation approved by the Parks Department, and walkways shown in the application drawings. The applicant shall provide a landscape plan, with the building envelope shown, with the building permit set for review and approval. 7. The building envelope shall be barricaded to protect existing vegetation prior to issuance of a building permit. Adequate construction access should be placed to minimize disturbance to the V� H existing vegetation but does not need to be barricaded. (�vl 8. All exterior lighting shall be downcast and not used to accentuate architectural or landscape /' M features of the property. V �( 9. The applicant shall, to the extent practical, coordinate the relocation of the cabin and smaller �" accessory structure with Denise Reich, neighbor. This condition shall not be construed to be a condition of this development proposal. 10. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code. 11. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall pay all connection charges due to the Aspen Consolidated Sanitation District. The applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the ACSD superintendent. 12. Prior to issuance of a building permit, the applicant shall obtain a permit from the Environmental Health Department for any certified woodstoves or gas log fireplaces (new coal- & woodburning fireplaces are not allowed). 13. Prior to issuance of a building permit, the applicant shall submit a drainage report and a drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 14. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a Floodplain Elevation Certificate, demonstrating the structure has been constructed according to requirements of building within the floodplain, to the City Engineer. loci 'N'r C, 15. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 16. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right -of -way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Meter locations must be accessible for reading and may not be obstructed. 17. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 18. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 19. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 10 p.m. 20. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 21. All material representations. made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Conditional. Use Review for a 587 square foot Accessory Dwelling Unit, approve the Stream Margin Review, and grant the waivers to the ' ( ( 'Volume" an "G aar Qe Placement" provisions of the Residential Design Standards for the Branding Group Residence, with the conditions outlined in the Community Development Department memo dated 15 September, 1998." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Referral Agency Comments } 1 Exhibit C -- Development Application �l�l's APPLICANT: Kristeen Rosenberg of the Branding Group (Represented by Bill Poss and Associates) LOCATION: 270 North Spring ACTION: CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT (GMQS EX'EMPTION), STREAM MARGIN REVIEW, RESIDENTIAL DESIGN VARIANCES Standards Applicable to all Conditional Uses The conditional use is consistent with the purposes, goals, objectives, and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations, and odor on surrounding properties. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. OVER - Accessory Dwelling Units: Accessory dwelling units shall contain not less than three- hundred square feet and no more than seven - hundred square feet of net livable area. The units shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six months in duration. Owners of the principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One parking space shall be provided on -site for each studio unit, and for each bedroom within a one or two bedroom accessory dwelling unit. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, exempting parcels with existing structures to be converted to detached accessory dwelling units, detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or carport. Detached accessory dwelling units are prohibited within the R -1513 zone district. An attached accessory dwelling unit shall utilize alley access to the extent practical. Development Review Standards: The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year - around occupancy, shall not create a density pattern inconsistent with the established neighborhood. Where the proposed development varies from the dimensional requirements of the underlying zone district, the P & Z shall find that the variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The P & Z and the HPC may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from the requirement immediately above, provided that the nonconformity is not increased. Conditional use review shall be granted pursuant to Section 26.60.040 standards applicable to all conditional uses. RESIDENTIAL DESIGN STANDARDS: If a variance is granted, it would have to be based on one of the following criteria: 1. The proposed design yields greater compliance with the goals of the Aspen Area Community Plan. 2. The proposed design more effectively addresses the issue or problem the given standard responds to. 3. A variance is clearly necessary for reasons of fairness related to unusual site specific constraints. Garage: All portions of a garage, carport, or storage area parallel to the street shall be recessed behind the front facade a minimum of ten feet. Volume (windows): All areas of an exterior expression of a plate height greater than 10 feet shall be counted as 2 square feet for each 1 square foot of floor area. Exterior expressions shall be defined as facade penetration between 9 and 12 feet above floor level and circular, semi - circular, or non - orthogonal fenestration between 9 and 15 feet above floor level. STREAM MARGIN: Standards applicable to development within 100 feet of the Roaring Fork River and its tributary streams: A. No development shall be permitted in the floodway, with the exception of bridges or structures for irrigation, drainage, flood control or water diversion, which may be permitted by the City Engineer, provided plans and specifications are submitted to demonstrate that the structure is engineered to prevent blockage of drainage channels during peak flows and the Commission determines the proposed structure complies, to the extent practical, with all standards set forth below. B. No development shall be permitted within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood Hazard Area where it extends beyond 100 feet from the high water line of the Roaring Fork River and its tributary streams, unless the Commission makes a determination that the proposed development complies with all standards set forth below: It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered in the State of Colorado which shows that the base flood elevation will not be raised, but not limited to, proposed mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development. 2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks/Recreation/Open Space/Trails Plan Map, or areas of historic public use or access are dedicated via a recorded easement for public use. Dedications are necessitated by development's increased impacts to the City's recreation and trail facilities including public fishing access. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practical. 4. There is no vegetation removed or damaged or slope grade (cut/fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on- site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pool or hot tubs cannot be drained outside of the designated building envelope. 6. Written notice shall be provided to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. 8. Copies are provided of all necessary federal and state permits related to the work within the 100 -year floodplain. 9. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. If any development is essential within this area, it may only be approved by special review pursuant to Section 26.64.040(D). 10. All development outside of the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty -five (45) degree angle from ground level at the top of slope. 11. A landscape plan is submitted with all development applications. 12. All exterior lighting is low and downcast with no lights directed toward the river or located down the slope. 13. Site sections drawn by a registered architect, landscape architect, or engineer are submitted showing all existing and proposed site elements, the top -of- slope, and pertinent elevation above sea level. 14. There has been accurate identification of wetland and riparian areas. Exhibit A STAFF COMMENTS: ADU Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding: An Accessory Dwelling Unit with no mandatory occupancy deed restriction is consistent with the purposes, goals, objectives, and standards of the Aspen Area Community Plan. Units separated form the principal residence are desirable and encouraged through the provision of a "Floor Area Bonus." This "bonus" allows the applicant to count only 1/2 of the Floor Area of the ADU towards the maximum allowable for the property. The applicant is seeking an exemption from GMQS. Accessory Dwelling Units are a conditional use in the R -30 Zone District. (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Finding: The surrounding land uses are exclusively residential with a community park across the river from the property. There are existing ADUs in the immediate area, including the most recent ADU approved at the neighboring Elden residence. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: The location, size, and design of the proposed conditional use is consistent with the zone district requirements. Operationally, the ADU will have little impact on the surrounding properties. Traffic impacts may be higher, but are not expected to be significantly higher than that of a residence without an ADU. In fact, the ADU occupant could now or in the future serve as a caretaker for the primary residence and possibly reduce the number of service trips necessary. The proposed ADU is approximately 587 square feet and provides the necessary bathroom and kitchen elements. The proposal also includes an adequate amount of storage area, a deck, and no internal connection to the primary unit - attributes which both the staff and the Commission encourage but which are not necessarily required by the land use code. Staff Comments page 1 A parking space has not been designated for the Accessory Dwelling Unit on the proposed site plan. The parking for the ADU should be provided on site and should not be stacked with a parking space for the primary residence. ADU's should be able to function separately from the principal residence and vice versa. Stacked parking represents a conflict to the operational characteristics of the conditional use. For this reason, staff is assuming the applicant intends to provide the ADU parking space within the garage with the two primary residential spaces stacked. However, the Commission should include a condition requiring the parking not be stacked between units. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Finding_ Park fees are payable at building permit. Infrastructure capacity is sufficient for this development and utilities are available. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding: The conditional use mitigates itself. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding; The applicant's property is within the 100 -year flood plain. In addition, Stream Margin Review requires the establishment of a building envelope. Unnecessary site features, vegetation with non - native plant species, and site grading are not desirable outside of a building envelope or within the path of a flood event, but may be approved as part of a site specific development plan. The applicant is proposing two curb cuts; one for the garage and the second for a guest parking space along Bay Street. Only one curb cut is allowed within residential zone districts. This also represents additional development outside the building envelope which is not permitted. Section 26.40.090, Accessory Dwelling Units A. General Provisions 1) Accessory Dwelling units shall contain not less than three - hundred (300) square feet and no more than seven - hundred (700) square feet of net livable area. The unit shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking space shall be provided on -site for each studio unit, and for each bedroom within a one or two- bedroom accessory dwelling unit. Staff Comments page 2 Staff Finding_ The proposed 587 square foot ADU falls within the 300 -700 requirement. Parking should be provided which is not stacked with a space for the principal unit and shown on building permit plans. The applicant will need to show compliance with these requirements before a building permit may be issued. The applicant will be required to file a deed restriction on the unit prior to building permit. 2) An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. Staff Finding: The applicant is not requesting any variances from the dimensional requirements of the zone district. 3) A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, exempting parcels with existing structures to be converted to detached accessory dwelling units, detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or carport. Detached accessory dwelling units are prohibited within the R -15B zone district. Staff Finding: The ADU is proposed above a garage which is detached from the principal residence. 4) An attached accessory dwelling unit shall utilize alley access to the extent practical. Staff Finding: This property does not have an alley. This critria does not apply. A. Development Review Standards I) The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year- around occupancy, shall not create a density pattern inconsistent with the established neighborhood. Staff Finding: The proposed ADU is subordinate to the main residences, the surrounding residential uses, and will not create a density problem for the neighborhood. The ADU is within an easy walking distance to primary employment and recreation opportunities. 2) Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be varied: a. Minimum front and rear yard setbacks b. Minimum distance between buildings on the lot. c. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units. d. The side yard setback shall be a minimum of three feet. e. The maximum height limits for detached accessory dwelling units in the R -6 zone district may be varied at the rear one -third (1/3) of the parcel, however, the maximum height of the structure shall not exceed eighteen (18) feet. On Staff Comments page 3 Landmarked Designated parcels and within the Historic Overlay District the HPC shall have the ability to make height variations. f Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site coverage variations. g. In the case where the proposed detached accessory dwelling unit is located on a Landmark Designated Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards of Section 26.40.070(B) Staff Finding: The applicant is not requesting any variations to the dimensional requirements. 3) The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from 26.40.070(B)(2)(a -g) provided that the nonconformity is not . increased. Staff Finding: This is a complete demolition and replacement with no preservation of non - conformities proposed. 4) Conditional use review shall be granted pursuant to Section 26.60.040 Standards applicable to all conditional uses. Staff Finding_ Refer to Staff Comments for Conditional Use review. C. Bandit Units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. Staff Finding: Does not apply. D. GMQS/ Replacement Housing Credits. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting the housing size, type, income and occupancy guidelines of approval of the housing designee and the standards of Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen, Colorado, "Residential Multi - Family Housing Replacement Program." Staff Finding: Does not apply. E. FAR for Accessory Dwelling Units. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principle use is residential, the following shall apply: the allowable floor area for an above -grade attached accessory dwelling unit shall be excluded to a maximum of three- hundred -fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional use review and approval, Section 26.60.030 of this code, and the units must be deed restricted, Staff Comments page 4 registered with the housing office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. An Accessory Dwelling Unit separated from a principal structure by a distance of no less than ten (10) feet with a maximum footprint of four hundred fifty (450) square feet, shall be calculated at fifty (50) percent of the allowable floor area up to seven hundred (700) square feet of Floor Area. Any element linking the principal structure to the accessory structure may be no more than one (1) story tall, six (6) feet wide, and ten (10) feet long. Staff Finding: To qualify for a "Floor Area Bonus," the ADU must be indeed a detached unit. This required two things: 1) the unit's foot print shall be no greater than 450 square feet; and, 2) the attaching feature be no more than 1 story tall, no more than 6 feet wide, and at least 10 feet long. It appears the unit qualifies as "detached" with the linking element. It also appears, however, that the foot print of the ADU is more than the 450 square foot maximum. This must be modified for the FAR "bonus" to be available. The "bonus" allows the applicant to count only half of the ADU Floor Area towards the maximum allowed for the property. STAFF COMMENTS: Stream Margin Section 26.68.040, Standards Applicable to Development within 100 feet of the Roaring Fork River and its tributary streams. A. No development shall be permitted in the floodway, with the exception of bridges or structures for irrigation, drainage, flood control or water diversion, which may be permitted by the City Engineer, provided plans and specifications are submitted to demonstrate that the structure is engineered to prevent blockage of drainage channels during peak flows and the Commission determines the proposed structure complies, to the extent practical, with all standards set forth below. Staff Finding No development is proposed within the floodway. The floodway is closer to the actual high water line and is more constrained than the floodplain. The property is entirely within the floodplain. B. No development shall be permitted within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood Hazard Area where it extends beyond 100 feet from the high water line of the Roaring Fork River and its tributary streams, unless the Commission makes a determination that the proposed development complies with all standards set forth below: It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered in the State of Colorado which shows that the base flood Staff Comments page 5 elevation will not be raised, including, but not limited to, proposed mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development; Staff Finding The applicant has prepared an engineering study showing very little affects on the base flood elevation. The City Engineer has reviewed this study and concurs with the applicant - there will be no significant impacts on the base flood elevation with the new residence. 2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks /Recreation /Open SpacefTrails Plan Map, or areas of historic public use or access are dedicated via a recorded easement for public use. Dedications are necessitated by development's increased impacts to the City's recreation and trail facilities including public fishing access; 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practical; Staff Finding: The property does not have any proposed trails and is not along the river where a fisherman's easement would be required. 4. There is no vegetation removed or damaged or slope grade changes (cut/fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy; Staff Finding A building envelope must be established for this property and must be included in the permit drawings. Zoning setbacks are acceptable for this boundary. The applicant's site plan, however, appears to designate grade changes landscaping, and fence walls outside of the building envelope. Also, it appears the existing vegetation outside the building envelope will be completely removed. Only native vegetative species approved by the Parks Department are allowed outside the building envelope. The building envelope should be barricaded to prevent damage to existing vegetation. This should also not allow removal of the existing vegetation. Site grading does not appear to be necessary given the relatively flat site. The building permit plans should include a revised landscaping plan showing only native vegetation outside of the building envelope for the approval of the Parks Department. The fence walls do not appear to be necessary and may further block flood water or contribute to flood debris. The walls appear to encroach on the existing vegetation. 5. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and /or sedimentation during construction. Staff Comments page 6 Increased on -site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pool or hot tubs cannot be drained outside of the designated building envelope; Staff Finding: A drainage plan and report has been requested by the City Engineer as part of the building permit. Any drainage mitigation necessary shall be designed for a 2 -year event. 6. Written notice shall be provided to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; 8. Copies are provided of all necessary federal and state permits related to the work within the 100 -year floodplain; and Staff Finding: The development proposed will not interfere with the watercourse. The applicant will need to provide a floodplain elevation certificate which will ensure the structure was completed to the standards required for floodplain development. 9. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. If any development is essential within this area, it may only be approved by special review pursuant to Section 26.64.040(D) Staff Finding_ The applicant is not proposing development within this no- development zone. There is an intervening parcel between the subject parcel and the river. 10. All development outside of the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty -five (45) degree angle from ground level at the top of slope. Staff Finding: This requirement is for properties adjacent to the river. With the intervening parcel, the progressive height restriction is overruled by the height restriction of the zone district - 25 feet. 11. A landscape plan is submitted with all development applications. Staff Finding: A landscape plan has been submitted. There are some improvements outside the designated building envelope for landscaping, fence walls, parking, and grading. The Commission may approve development outside the building envelope but staff is recommending any development outside this envelope be limited. The additional "guest" parking should not be Staff Comments page 7 allowed because it represents a second cut from the street. The building permit should indicate this change. 12. All exterior lighting is low and downcast with no lights directed toward the river or located down the slope; Staff Finding: The Commission should include a condition requiring downcast lighting. 13. Site sections drawn by a registered architect, landscape architect, or engineer are submitted showing all existing and proposed site elements, the top -of- slope, and pertinent elevation above sea level. Staff Finding: Because there is an intervening parcel between the river and the subject parcel, this site section showing compliance with the top -of -slope would be rather meaningless. The applicant has prepared elevations of the proposed structure for review. 14. There has been accurate identification of wetland and riparian areas. Staff Finding: The proposed development is not adjacent to the river and should not affect wetlands or riparian habitat. STAFF COMMENTS: RESIDENTIAL DESIGN Section 26.58 Residential Design Standards REVIEW PROCEDURE: DRAC may grant relief from the Residential Design Standards at a public hearing if the variance is found to be: a) in greater compliance with the goals of the AACP; or, b) a more effective method of addressing the standard in question; or, C) clearly necessary for reasons of fairness related to unusual site specific constraints. GARAGE: The applicant's proposed development is not in compliance with the following Residential Design Standard: All portions of a garage, carport, or storage area parallel to the street shall be recessed behind the front facade a minimum of ten (10) feet. Staff Comments page 8 In response to the review criteria for a DRAC variance, Staff makes the following findings: a) in greater compliance with the goals of the AACP; or, Staff Findine: The proposed variance is not in greater compliance with the goals of the Community Plan. b) a more effective method of addressing standard in question; or, Staff Findine: The design is not more effective than the standard. The garage could be developed in conformance with the standard. Staff is not supporting a variance of this garage standard. c) clearly necessary for reasons offairness related to unusual site specific constraints. Staff Finding This site is flat and developable. The site does not represent a hardship. VOLUME (WINDOWS: The applicant's proposed development is not in compliance with the following Residential Design Standard: All areas with an exterior expression of a plate height greater than 10 feet shall be counted as 2 square feet for each 1 square foot of floor area Exterior expressions shall be defined as facade penetration between 9 and 12 feet above floor level and circular, semi - circular, or non - orthogonal fenestration between 9 and 15 feet above floor level. In response to the review criteria for a DRAC variance, Staff makes the following findings: a) in greater compliance with the goals of the AACP; or, Staff Finding The proposed variance is not in greater compliance with the goals of the Community Plan. b) a more effective method of addressing standard in question; or, Staff Findine: The facade penetrations are fairly well designed and contribute to the overall design of the project. The windows within the 9 -12 feet do not propose overly large glazing. Staff believes the intent of the standard is met and is supporting this variance. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Findine: This site is flat and developable. There is no attribute of the site which prevents the applicant from meeting the standard. Staff Comments page 9 0 U 1:. 1 To: Chris Bendon, Planner Thru: Nick Adeh, City Engineer From: Chuck Roth, Project Engineer Date: September 10, 1998 Re: Branding Group Stream Margin Review and ADU The Development Review Committee has reviewed the above referenced application at their August 12, 1998 meeting, and we have the following comments: 1. Improvement Survey - The application is incomplete because the improvement survey is not current (within the past 12 months) as required by City Code and also because it is not sealed and signed in wet ink. The improvement survey that was submitted is also deficient by not indicating that the entire property is located within the 100 -year floodplain. 2. Floodplain - Prior to issuance of a building permit, the applicant must provide a completed floodplain elevation certificate for the project as designed. Prior to issuance of a certificate of occupancy, the applicant must provide a floodplain elevation certificate for the improvements as constructed. 3. Driveway - City Code permits one driveway per property. The final site plan must comply with City Code. 4. Site Drainage - The existing City storm drainage infrastructure system is sub - standard and cannot adequately convey storm runoff. The site development approvals must include the requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that the building permit application include a drainage mitigation plan (24 "x36" size plan sheet or on the lot grading plan) and a report signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan, as well as a temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with percolation test to verify the feasibility of this type system. Drywells may not be placed within utility easements. The foundation drainage system should be separate from storm drainage, must be detained on site, and must be shown on building permit drawings. 5. Fire Marshal - A sprinkler system for fire protection purposes is required if the building interior exceeds 5,000 square feet. The final determination will occur when the square footages are determined following City Code requirements. 6. Work in the Public Right -of -way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920 -5080) for design of improvements, including landscaping, within public rights -of -way, parks department (920 -5120) for vegetation species and for public trail disturbance, and streets department (920 -5130) for mailboxes , street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the city community development department. DRC Attendees Staff: Chris Bendon, Cindy Christensen, Stephanie Levesque, Ed VanWalraven, Chuck Roth 98M177 MEMORANDUM TO: Chris Bandon, Community Development Dept. FROM: Stefanie A. Levesque, Housing Office DATE: August 12, 1998 RE: Branding Group Conditional Use for an ADU — 270 North Spring Parcel ID No. REQUEST The applicant is requesting approval for an accessory dwelling unit to be located above an attached garage. BACKGROUND According to Section 26.40.090, Accessory Dwelling Units, a unit shall contain not less than 300 square feet of net livable area and not more than 700 square feet of net livable area. ISSUES When the Housing Office reviews plans for an accessory dwelling unit, there are particular areas that are given special attention. They are as follows: 1. The unit must be a totally private unit, which means the unit must have a private entrance and there shall be no other rooms in this unit that need to be utilized by the individuals in the principal residence; i.e., a mechanical room for the principal residence. 2. The kitchen includes a minimum of a two -bumer stove with oven, standard sink, and a 6- cubic foot refrigerator plus freezer. 3. The unit is required to have a certain percentage of natural light into the unit; i.e., windows, sliding glass door, window wells, etc., especially if the unit is located below grade. The Uniform Building Code requires that 10% of the floor area of a unit needs to have natural light. Natural light is defined as light which is clear and open to the sky. 4. Should the unit be used to obtain an FAR bonus, the unTMUST be rented to a qualified employee. 5. A deed restriction MUST be recorded PRIOR to building permit approval. The deed restriction shall be obtained from the Housing Office. RECOMMENDATION After reviewing the application, the Housing Office recommends approval on the condition that issues 1 -5 above are met prior to building permit approval. Prior to C.O. the Housing Office requires a site tour to inspect the unit. Vefev Kel&798.adu �sPA GOIMOlol¢fedc�¢nif¢fron fricf 565 North Mill Street Aspen, Colorado 81611 Tele. (970) 925 -3601 FAX #(970) 925 -2537 Sy Kelly Chairman Paul Smith Treas. Louis Popish - Secy. August 13, 1998 Chris Bendon Community Development 130 S. Galena Aspen, CO 81611 Re: Branding Group ADU Dear Chris: Michael Kelly Frank Loushin Bruce Matherly, Mgr. The existing development at the site is currently served by the District. The addition of an ADU will not adversely effect our ability to serve. Service is contingent upon compliance with the District rules, regulations, and specifications which are on file at the District office. We would request that a tap permit be completed at our office prior to the issuance of a building permit. Total connection charges will be estimated at that time. Please call if you have any questions. Sincerely, Bruce Matherly District Manager EPA Awards of Excellence 1976 1986 1990 Regional and National Chuck Roth, 09:4 AM 12/9 /9bl-d Strea Margin X- Sender: chuckr @comdev.ci.aspen.co.us Date: Sat, 12 Sep 1998 09:42:45 -0600 To: chrisb @ci.aspen.co.us From: Chuck Roth <chuckr @ci.aspen.co.us> Subject: Branding Stream Margin Nick has not reviewed my draft memo yet, but I have a couple additional items. 1. As suggested in my draft memo but not specifically identified, item number 8 of the stream margin review application was incorrectly answered. FEMA requires floodplain elevation certificates for eligibility for the National Flood Insurance Program (NFIP). 2. Item 13 is incorrectly responded to because site SECTIONS were not included. This relates to the requirement that no basements and habitable spaces are constructed below the base flood elevation. The elevation certificate must demonstrate that the lowest habitable floor space is two feet above the base flood elevation. That is the clearance for the structural elements, not the surface of the floor, provide two feet of clearance above the base flood elevation. Pri nted for C hristopher Be <chrisb @ ci.aspen.co.u s > 1 . 1 4 , MJ I.- /r 605 EAST MAIN 57REi T A SPEN, COL ORADC 81611 TELEPHONE 970/925 -47, FACSIMILE 9701920 -2960 August 5, 1998 Chris Bendon Aspen Pitkin County Community Development 130 South Galena Street Aspen, CO 81611 Dear Chris: Bill Poss & Associates represents The Branding Group (The Applicant) who owns the property located at 270 North Spring Street in Oklahoma Flats, City of Aspen. This Stream Margin application is a follow -up to our previous (ADU) application dated 6/15/98. As referenced in our previous application, we are now submitting the additional materials necessary to complete the Stream Margin portion of the application. STREAM MARGIN REVIEW Pursuant to Section 7 -504 of the Land Use Regulations, all development within one hundred (100) feet of the high water line of the Roaring Fork River, or within the one hundred (100) year flood plain, is subject to stream margin review. As all of the applicant's proposed improvements are located within the flood plain, review and approval pursuant to the City's stream margin regulations is required. The specific review criteria, and the proposed building envelope's compliance are summarized as follows. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. Based on the flood plain analysis provided by Schmuser Gordon Meyer, dated 8/5/98 and included as Exhibit 11, they feel that the net impact to the 100 -year flood plain of the Roaring Fork River as a result of the proposed construction is negligible and their will be no increase to the base flood elevation. 2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks /Recreation /Open Space/Trails Plan map, or areas of historic public use or access are dedicated via a recorded easement for public use. According to the Pedestrian Walkway and Bikeway System Plan, no trail has been designated across the property. 3. The recommendations of the Roaring Fork River Green Way Plan are implemented in the proposed plan for development, to the greatest extent practical. The Roaring Fork Green Way Plan contains no site specific recommendations with respect to this property. This site is approximately 70 feet and one lot removed from the edge of the River. 4. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of the specifically defined building envelope. This would not apply as this site is not adjacent to said River. 5. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on- site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope. The proposed building envelope will have no adverse effect upon the natural changes normally experienced by the Roaring Fork River. 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration of relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. No alteration or relocation of the existing water course will be required. 2 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. This review criteria is not applicable. 8. Copies are provided of all necessary federal and state permits relating to work within the one - hundred - year -flood plain. No federal or state permits are required to construct within the proposed building envelope. 9. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This would not apply as this site is approximately 70 feet and one lot removed from the edge of the River. 10. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Zoning Officer utilizing that definition set forth at Section 26.04.100. The 15 foot setback and 45 degree angle is not applicable to this site as we are not adjacent to the river. However, we will meet all current height requirements. 11. A landscape plan is submitted with all development applications. Such plan shall limit new plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side of the native riparian vegetation. See attached Landscape Plan, (Exhibit 12), Prepared by Greg Mozian and Associates, Inc. dated 8/5/98. 12. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope. All proposed lighting will be low and downcast with no lights directed toward the river. 3 13. Site sections drawn by a registered architect, landscape architect, or engineer are submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. The proposed site plan enclosed (as Exhibit 12), indicates proposed grades with all existing and proposed site improvements. 14. There has been accurate identification of wetlands and riparian zones. The proposed site is not adjacent to the river and does not appear to contain any wetlands or riparian zones. The following Exhibits have been included in this application. Exhibit 11: Flood Plain study dated 7/29/98 Exhibit 12: Grading & Landscape Plan This letter has addressed the submission and review requirements for a Stream Margin Review and we feel all of the standards and review criteria have been met. If you have any questions or concerns please don't hesitate to contact me. Sincerely, Les Rosenstein, RA 4 _ 08/ 05/98 _ WED 15 FAX 1 970 945 5948 SCHNUESER GORDON MEYER la 001 Exhibit 11 ENGLYEEAE � C�. 9��EYDA9 116 West 0, Suite 200 (970) 945.1004 G0 �„ Q, Glenwood Springs, C0 61601 ew ,n7M oec_eona August 5, 1998 Mr. Les Rosenstein Bill Poss & Associates 605 East Main Aspen CO 81611 RE: Klein Property Dear Les: I am providing this letter to discuss a recent floodplain study performed by SGM on the Klein property located in Oklahoma Flats along the Roaring Fork River in Aspen, Colorado. The Klein property is identified as follows: The North one -half of Lot 2, and all of Lots 3, 4, 5 and 6, Block 2, Oklahoma Flats, Town of Aspen, County of Pitkin, State of Colorado. The existing conditions on the Klein property consists of an existing log house with two existing sheds. The property currently, as located in the flood insurance rate maps, Ices within the 100 -year floodplain of the Roaring Fork River. Accordingly, the property lies outside t 1 00 -year floodway of the Roaring Fork River. In relationship to the existing property, he existing buildings, from an analysis standpoint, relative to the cross section cut through the property block 50 feet (in the floodplain) of cross section length available for flow area. In comparing this condition to the proposed conditions for the Klein property, the new building will block nearly 100 feet of cross section length area available to flow. Upon utilizing the U.S. Army Corps of Engineers' HEC -RAS program, the following results relative to the cross section on the property are found. TABLE 1 WATER SURFACE ELEVATION COMPARISON R ... i:,... s. ..., ;y ,•..ai#feiellce;� Existing;iGbridiciorys,`. ::' ,'.'.:.. 868.27 868.25 (0.02) TABLE 2 VELOCITY COMPARISON ::fXistirig��critli�pi>&'. .paseds:Co�dilicns':s . 10.18 10.27 0.09 ft/sec. 08/05 WE 15:0 PAX 1 970 945 5948 SC3MUESER GORDON MEYER 2002 August 5, 1998 Mr. Les Rosenstein Page 2 Given the results indicated above, we feel that the net impact to the 100 -year floodplain of the Roaring Fork River as a result of the proposed construction is negligible. In reviewing the City of Aspen Municipal Code as it relates to Section 26.68.040 - Stream Margin, item 6.1 „ the base flood elevation will not be raised. I hope this letter serves its intended purpose. If you have any questions or comments, please don't hesitate to call. Sincerely, Enclosure aosoow MEYER, a r >3 �lolol9loi° gIsIg Et n .-I bl ml �Iol ml ml o'I �Im 000000000 �o N N r h r Cl fA K Z Q _O a ~ 2 0 � Z o O C U a C7 _Z a H fn < X w W x ROPOSED CONDITIONS Klein Property, Oklahoma Plats, Aspen Plan 01 7/29/98 SECTION 142.05 880- .1 Legend E G PF #1 WS PF #1 Ground • Bank Sta 875 r c m 870 — — — — — — — — — — w 885 880 0 100 200 300 400 500 600 700 Station (ft) ■ v.y A 9 � Y �.y W Y C V1a 1 � N — A z a� y a�0 = =a n O'o m �= O -R w "= a a �o m �= z =z �w V 3 i 4 k N• v rt N N, y � ti a, � n i 0 Y 0 o } p 'F S k N• v rt N N, y � ti a, � n i • W amdfciates 605 EAST MAIN STREET ASPEN. COLORADO 81611 TELEPHONE 9701925 -4755 FACSIMILE 9701920 -2950 June 15, 1998 Chris Bendon Aspen Pitkin County Community Development 130 South Galena Street Aspen, CO 81611 Dear Chris: Bill Poss & Associates represents The Branding Group (the Applicant) who owns the property located at 270 North Spring Street in Oklahoma Flats, City of Aspen. We are requesting land use approvals for an attached Accessory Dwelling Unit (ADU) and Stream Margin Review for the proposed new single family residence. This letter will address the Code requirements for the Conditional Use of the Accessory Dwelling Unit. The Stream Margin materials will be forthcoming. CONDITIONAL USE REVIEW Exhibit 1 is a copy of the proposed site plan and a copy of a current survey of the subject property. Exhibit 2 shows floor plans and elevations of the proposed ADU attached above the garage of the new residence. An application for a conditional use must address the six review standards listed in Section 26.60.040 of the Code. These standards are listed, then addressed below. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan and with the intent of the Zone District in which it is proposed to be located. The subject property is located in the R -30 PUD zone district. The intent of this " Low- Density Residential Zone District is to provide areas for long term residential purposes with customary accessory uses." The following discussion demonstrates that this proposed AUD meets the intent of the zone district. The creation of an ADU will contribute to the vitality of Aspen allowing working people to live in Aspen. The ADU will help to "create a community of a size, density, and diversity that encourages interaction, involvement and vitality among its people', as stated in the Aspen Area Comprehensive Plan. This ADU will create a local housing opportunity within walking distance to downtown Aspen, rather than depending on the automobile. • A amfssociates The attached ADU located over the garage of this single family home is of an appropriate scale and enhances the housing environment in which it is located. This ADU is also compatible with the scale and character of the surrounding neighborhood. The proposed conditional use certainly complies with and is consistent with the purposes, goals and standards of the Aspen Area Comprehensive Plan. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for the development and surrounding land use, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. This proposed attached ADU is located above the garage of a new single family residence. This existing neighborhood consists of single family and duplex residences with interspersed ADU's. This use is consistent and compatible with the character of the existing neighborhood. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse affects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. The proposed ADU has minimal impacts or adverse affects with respect to the above concerns. The operating characteristics will not significantly change as a result of the ADU. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems and schools. There are adequate public facilities in place to accommodate this ADU. The proposed ADU will have minimal impact on those public facilities. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. This standard would not apply for this conceptual use ADU, as no new employees will be generated. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. 2 1711 c o The proposed conditional use complies with the Aspen Area Comprehensive Plan and with all pertinent requirements of the Land Use Code. REVIEW STANDARDS: Development of an Accessory Dwelling Unit 1. The Proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year- around occupancy, shall not create a density pattern inconsistent with the established neighborhood; This proposed attached ADU is located above the garage of a new single family residence. This existing neighborhood consists of single family and duplex residences with interspersed ADU's. This use is consistent and compatible with the character and scale of the existing neighborhood and the residence to which it is attached. 2. Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. This ADU meets all current dimensional requirements in the underlying zone district. 3. The Planning and Zoning Commission and the Historic Committee may exempt existing nonconforming structures, being converted to detached accessory dwelling unit, from Section 26.40.090 (B)(2)(a) - -(g) provided that the nonconformity is not increased. This ADU is proposed to be conforming under the current guidelines. 4. Conditional use review shall be granted pursuant to Section 26.60.070(B), Standards applicable to all conditional uses. Discussed previously in the conditional use review section of this letter. This letter has addressed the submission and review requirements for a conditional use and accessory dwelling unit land use review. All of the standards and review criteria have been met. As a result of this accessory dwelling unit being provided in the City of Aspen for a local resident, the applicant will reinforce the goals and objectives of the Aspen Area Comprehensive Plan. This proposal has many benefits to the community with little or no negative impacts. • a The following Exhibits have been included in this proposal. 0 Exhibit 1: Site Improvement Survey of the subject property, Located at 270 North Spring St. 8 -1/2" x 11 ". Exhibit 2: Site Plan, Floor Plans & Elevations of the Proposed AUD. Exhibit 3: Authorization letter. Exhibit 4: Proof of Ownership with Legal Description. Exhibit 5: Vicinity Map. Exhibit 6: Pre - application Conference Summary. Exhibit 7: City of Aspen Land Use Application Form. Exhibit 8: Signed Fee Agreement. Exhibit 9: List of adjacent property owners within 300 feet. As we have discussed, by submitting this application on or before June 16, 1998 we would be reviewed under our current ADU provisions of the Land Use Code. If you have any questions or concerns please don't hesitate to contact me. Sincerely, Les Rosenstein, RA Principal 0 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: The Branding Grou Applicant: Kristeen Rosenberg Location: SE Corner of Spring St. and Bay St. Zone District: R -30 PUD Lot Size: 14,175 Lot Area: 14,175 (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. Proposed.• Number of residential units: Existing: 1 Proposed: 1 Number of bedrooms: Existing. 1 Proposed: 4 Bedroom + 1 A D U Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: Allowable: a s Proposed: 4442 Principal bldg. height: Existing: N/A Allowable: 2 5 Proposed.• 25 Access. bldg. height: Existing: _ / A Allowable: Proposed.• On -Site parking: Existing: 1 Required. 3 Proposed.• 3 % Site coverage: Existing: N/A Required. Proposed.• % Open Space: Existing: N/A Required. Proposed: Front Setback: Existing: 25 Required.• 25 Proposed: 25 Rear Setback: Existing: 15 Required.• 15 Proposed: 15 Combined F/R: Existing: _ y / A Required: Proposed: Corner /Front Setback: Existing: 16' -8" Required: 16' -8" Proposed: l6' -8" Side Setback: Existing: l o Required: 10 Proposed: 10 Combined Sides: Existing: N / A Required: Proposed: Existing non - conformities or encroachments: None Variations requested: i• m we r ��- b %� . _.�._.. — a .owA • — ._ N J _ •0481 IG� � 3 — C O Y " p g p g SY ISE yE 8 Z 3 O � B i Co ma y§ w i• m we r ��- b %� . _.�._.. — a .owA • — ._ N J _ p r � 3 — C O Y " p g p g SY ISE yE 8 Z 3 O � Co ma y§ w i •n ' �o O � p . z o . o �3 tmx 0 � N o F l l l l � tk r O 1 O r �a n ig - � f g- I vim. 1 e' z N p r � 3 — z N p r � o - ' 2N O Y " p g p g SY ISE 8 Z 3 O � Co ma y§ •n ' �o O � . z o . o �3 tmx 0 � N o r O t x 0 O = g• gg p p e � Y " p g p g SY ISE 8 3 1pi i I June 9, 1998 EXHIBIT 3 Mr. Chris Bendon City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE BRANDING GROUP ACCESSORY DWELLING UNIT APPLICATION Dear Mr. Bendon: This letter authorizes Bill Poss and Associates Incorporated to prepare a land use application for an accessory dwelling unit for my property located on the SE corner of Spring Street and Bay Street., described as the N -1/2 of Lot 2 and all of Lots 3,4,5 and 6, Block 2, Oklahoma Flats, Aspen. Bill Poss and Associates Incorporated may also represent me in the city land use approval process. Please contact me at 920 -9865 if you have any questions. Sincerely S vc ) '&el- Kristeen Rosenberg - -- EXHIBIT 4 (page 1 of 3) ENDORSEMENT FORM 110.1 (Rev. 5* - "Of ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER O- 9701 -34733 ISSUED BY STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Order No.: 00043866 Said Policy is hereby amended by deleting paragraphs 1 THROUGH 4 , inclusive, of Schedule B. This en,lorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under sea] for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Authorize Countersignature STEWART TITLE OF ASPEN, INC. Agent ID A06011A TEWART TITLE GUARANTY COMPANY .L�tLf 6 4 y «��1908 ro * r[xns . Serial No. E- 9851 -40532 % i / � � Countersigned: _ .._ _ 3.1am �9od sr P'n180 Mnsm m asoy� �Pa+nsm Pameu •.Ou EXHIBIT 4 (page 2 of 3) `. 4J m Paen � Pnsm m saual aurm . OU -- �J...dp ALTA OWNER'S POLICY SCHEDULE A Order Number: 00023866 Policy No.: 0- 9701 -34733 Date of Policy: April 10, 1998 at 11:55 A.M. Amount of Insurance: $ 1,000,000-00 1. Name of Insured: THE BRANDING GROUP, INC., a Colorado Corporation 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: THE BRANDING GROUP, INC., a Colorado Corporation 4. The land referred to in this policy is described as follows: The North one -half of Lot 2 and all of Lots 3, 4, 5 and 6, Block 2, OKLAHOMA FLATS County of Pitkin, State of Colorado EXHIBIT 4 (page 3 of 3) ALTA OWNER'S POLICY SCHEDULE B Policy No.: o-9701-34733 Order Number.• 00023866 will not pay costs, attorneys' fees or expenses) This policy does not insure against loss or damage (and the Company which arise by reason of. 1. Rights or claims of parties in possession, not shown by the public records. 2 Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the Public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. S. Unpatented mining claims: reservations or exceptions in patents, or an act authorizing the issuance thereof, water rights claims or title to water. and 6. Taxes and Assessments for the year 1998, not yet due and payable yet certified on the tax subsequent years and any special assessments not rolls of Pitkin County. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States ol t d, silv vein or lode of er, cinnabar, lead, tin, quartz or other rock in place bearing g or copper, or other v a11easereservedwincUni.ted sta esdPatento recorded e December w ere November 23, 14, 1900 in Book 39 at Page 136. 8. Terms, conditions, obligations and other matters disclosed on Map of Lux corded in Town Plat Book 2 at Page 0 as Placer showing Oklahoma-Plats re Reception No. 94166. 9. Underground Right -of -way Easement granted unto Holy Cross Electric A Inc. as set forth in instrument recorded May 23, 1996 as Reception No. 392945. EXHIBIT 5 4 A LS 'ASPEN y < - 4 , �. ° P" crov 1 ° Silver King Dr Gill ie St sr: �� ,p Oat a I 2 Raw St y Pe Ct F 1 2 ( r ! 1 n 3 N Spring St 1 f f 1 f 4 Cottonwood Ln W o' y I erSt h is 1 ; 1 5 Ajax Ave 6 Oak Ln 1 < Stn o 7 Maple Ln f ` c " h 4 S 5 -9 Midland Pads PI Ln lip B 4 9 Maswtte 1 1 Man roads b 10 Srouggleraroma o O V It Ardmore Ct 1/2 MILE � � '•S � $ ° E �7a1 12 Riverside Ave nartg $t y� 13 Dale Ave `t rit 14 Midland Ave V( it 15 Mayflower Ct y < - 4 , �. ° P" crov o 1 Y� ,p Oat a 1 f Pd C .yt451 L e 1 ( r ! 1 1 f f 1 f 1 1 1 1 1 1 f 1 1 oS31 FlCnnON R;rwy Itiy+rvay 1 1 Man roads 1 1 1 1 UgN4utYroads 1 1/2 MILE OM roads aar...�. 1 0 - EXHIBIT 6 (page I . 2) CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 3.9.98 PROJECT: 270 North Spring Stream Margin and ADU REPRESENTATIVE: Leslie Rosenstein - Bill Poss 925.4755 OWNER: TYPE OF APPLICATION: one step DESCRIPTION: O.K. Flats Lot at Spring and Bay Streets. Stream margin, ADU, residential design Land Use Code Section(s) 26.60 Conditional Use Criteria 26.40.090 Accessory Dwelling Units 26.68.040 Stream Margin Review 26.58 Residential Design Standards Review by: Staff for completeness; P &Z for Stream Margin Review and ADU Public Hearing: Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi - governmental agency owns property within three hundred (300) feet of the property subject to the development application . Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Referral Agencies: Engineering, Housing, Parks, Fire Marshall, Water, ACSD, Building Planning Fees: Planning Deposit Minor ($1080) Referral Agency Fees: Engineering, Minor ($110); Housing Minor ($70) Total Deposit: $1260 (additional hours are billed at a rate of $180/hour) To apply, submit the following information: 1. Proof of ownership 2. Signed fee agreement 3. 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. 4. 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. 5. Total deposit for review of the application 6. 20 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ +5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 1 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 9. 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. 10. For Residential Proposals (Ord. 30): a) Neighborhood block plan at 1 " =50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory EXHIBIT 6 (page 2 of dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level). b) Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed, and footprints of adjacent buildings for a distance of 100' from the side property lines. Show topography of the subject site with 2' contours. c) All building elevations at 1/8" = 1' -0. d) Floor plans, roof plan, and elevations as needed to verify that the project meets or does not meet the "Primary Mass" standard. e) Photographic panorama. Show elevations of all buildings on both sides of the block, including present condition of the subject property. Label photos and mount on a presentation board. 11. List of adjacent property owners within 300' for public hearing. 12. Copies of prior approvals 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. Notes: The fire suppression system requirement is for structures of 5,000 gross square feet or greater. This is for each structure and is not cumulative for the property. The "floor area bonus" for providing an ADU, which counts only 50% of the square footage towards floor area, is available in two ways: 1) Providing a detached, above -grade ADU with a footprint of 450 square feet or less, or; 2) providing an attached, above -grade ADU which is available for occupancy. In either case the owner retains the right to select the renter. In the attached scenario, however, the housing authority may fill the unit if the owner does not. The tree relocation and/or removal requirements are for coniferous trees of over 16 feet in height, Gambles Oak with a 3" or larger diameter, and deciduous trees with a 6" or larger diameter. Contact the Parks Department concerning the on -site replacement requirements. 920.5120. The property does not have any restrictions related to historic resources. Attached are the existing and proposed Residential Design Guidelines. The proposed version is currently being considered by the Planning and Zoning Commission. Any City Council action would happen after the first of May. EXHIBIT 7 , LAND USE APPLICATION �. PROJECT: 1 4,✓ ws Name: The Branding Group Location: SE Corner Spring St. and Bay St. (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: Kristeen Rosenberg Address: P.O. Box 10637, Aspen, CO 81612 Phone #: 970 - 920 -9865 REPRESENTATIVE: Name: Les Rosenstein, Bill Poss and Associates Address: 605 E Main St Aspen, CO 81611 Phone #: 970- 925 -4755 I YPE OF APPLICATION: (please check all that apply): ® Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ® ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing free - standing one bedroom house to be removed. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) New residence with an attached A.D.U. Have you attached the following? FEES DUE: i . 260.00 ® Pre- Application Conference Summary �J Attachment #1, Signed Fee Agreement �] Response to Attachment #2, Dimensional Requirements Form ® Response to Attachment #3, Minimum Submission Contents ® Response to Attachment #4, Specific Submission Contents ® Response to Attachment #5, Review Standards for Your Application EXHIBIT 8 (page 1 of 2). AtTACiiAA mrt City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 43 (Series of 1996), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the AspewPnkm Community Development Department Applications will not be accepted for processing without the required application fee. A flat fee is collected by Planning for Staff Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Planning when more extensive staff review is required. as hours are likeiv to var i substantially from one anoiication to another. Actual staffame spent will be c:7arged against the deposit After the deposit has been expended. the app cant will be billed montbly based on actual staff hours. Current biilinus must be paid within 30 days or processing of the application will be suspended If an anDiicant has pmriously failed to pav application zees as required. no new or additional applications will be accepted for processing until the outstanding fees are paid In no case will Building Permits be issued until all costs associated with case processing have been paid. After the final action on the project any remaining balance from the deposit will be refunded to the applicant Applications which require a deposit must include an Agreement for Payment of Deveiopt= Aolication Fees The Agreement establishes the applicant as being responsible for payment of all' costs associated with processing the application. The Agreement must be signed by the parry responsible for payment and submitted with the application in order for it to be accepted The complete fee schedule for land use applications is available at the Community Development Department. EXHIBIT 8 (page 2 of 2) �..e ASPEN/PMM COMKUNTTY DEVELOPMENT DEPARTMENT Agreementfor PaymentofCdg ofAspeuDevelopmentA"Mez ionFees . . (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and The Branding Group (hcteinattwAPPLICA M AGREE AS FOLLOWS: 1. APPLICANT bas submitted to CITY an application for Con a ; r.; n n a i „ a ( np A T) ti ) + Stream Ma r e i n Review (h ereinafter, THE PROJEC T). 2 APPLICANT tmders:ands and agrees that City of Aspen.Ordinance No. 43 (Series of 1996) establishes a fee structure for land use applications and the payment of ail processing fees is a condition precedent to a de terminati on of application completeness. 3. APPLIC. 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 ftnrther agree that it's in the inte rest of the parties to allow APPLICANT to make *payment of an initial deposit and to thereafter permit additionai costs to be billed to 0PT C:A�1T on a monthly basis. APPLIC avT afire -s he will be benented'ov reminins greater cash liquidity and will make additional payments upon notification by the C i when they are necessary as costs are inc-tared. CITY agrees it •Lill be benefited through the greater certainty of recovering its full costs to process APPLTC.AN7S application. 4. CITY and APPLICANT firrthm agree that it is impracticable for CITY statff to complete processing or present sufficient information to the Plan Commission and/or City Council to enable the Planning Commission and/or City Council to make Legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the C`=3 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 3 6.0 • which is for 7 hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pav additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. 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. CITY OF ASPEN APPLICANT K 9 AR .— ..... �. — City of Aspen Signature: Date: Printed Name: Mailing address: l %) Co. V61'6 EXHIBIT 9 ASPEN VIEW LLC OBERMEYER KLAUS F ALLEN DOUGLAS P C/O PO BOX 130 600 E HOPKINS AVE STE 302 ASPEN, CO 81612 ASPEN, CO 81611 RIO GRANDE PARK CITY OF ASPEN 130 S GALENA ASPEN, CO 81611 RIO GRANDE LOT 8 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 RIO GRANDE LOT 9 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 MAYER HOWARD MAYER PAULINE PO BOX 333 ASPEN, CO 81612 DCR FAMILY LIMITED PARTNERSHIP 1873 S BELLAIRE ST 9700 DENVER, CO 80222 BROWN RUTH HAMILTON 420 N SPRING ASPEN, CO 81611 MORSE JAMES A TRUST 1/2 INT 107 SINCLAIR MUSKEGAN, MI 49441 GOLDSTEIN GERALD H & CHRISTINE S PO BOX 2045 ASPEN, CO 81612 VANDEUSEN EDWARD B & DIANA J FAMILY TRST 23294 POMPEII DR DANA POINT, CA 92629 HANSON HOWARD L 1/2 IN KLEIN HERBERT S GROSS GAIL M HANSON FAMILY PARTNERSHIP 1/2 KLEIN MARSHA L - IT TENANTS 2700 POST OAK BLVD #1670 INT 201 N MILL ST 9203 HOUSTON, TX 77056 PO BOX 1690 ASPEN, CO 81611 ASPEN, CO 81612 REICH DENICE C LITTLE RIVER REVOCABLE TRUST 1873 S BELLAIRE #700 DENVER, CO 80222 CAHN HARRIS A & ELAINE M PO BOX 4060 ASPEN, CO 81612 COURTHOUSE & JAIL PITKIN COUNTY 530 E MAIN ST ASPEN, CO 81611 MORSE JAMES A TRUST 107 SINCLAIR DR MUSKEGON, MI 49441 FRATERNAL ORDER OF EAGLES 700 E BLEEKER AVE ASPEN, CO 81611 KALLENBERG JEFFREY D J UND 50% BECKWITH DAVID E QUAL RES INT TRUST 1/2 INT KALLENBERG SANDRA L UND 50% C/O FOLEY & LARDNER INT 777 E WISCONSIN AVE 401 MARKET ST STE 500 MILWAUKEE, WI 53202 SHREVEPORT, LA 71101 NEWBURY PARK CITY OF ASPEN 130 S GALENA ST ASPEN. CO 81611 HIGBIE FAMILY TRUST C/O REESE HENRY CPA 400 E MAIN ST ASPEN, CO 81611 VOLK RICHARD W SEYMOUR FAMILY TRUST VOLK SUE J PO BOX 12559 2327 MIMOSA MARINA DEL REY, CA HOUSTON, TX 77019 iv • ,00� W ,,dciates 605 EAST MAIN STREET ASPEN. COLORADO 81611 TELEPHONE 9701925 -4755 FACSIMILE 970/920 -2950 August 31, 1998 Re: Request for variance from the "Residential Design Standards." To whom it may concern Bill Poss and Associates have been retained by The Branding Group todesign a single family residence at 270 North Spring Street, Aspen, Colorado. The residence has been designed to effectively address the goals of the Aspen Area Community Plan. In the use of contextual materials and in the massing of the structure Bill Poss and Associates has attempted to promote the residential design standards as set forth in Ordinance 30. We are requesting a variance to Chapter 26.58.040 Sub - Section 12, titled 'Volume'. The variance would apply to the south, rear, elevation at the living room, (1 /SDA -1), and the west, side street, elevation at the stair well, (2 /SDA -2). The south elevation at the living room isa single story space with a loft ceiling. This elevation is secluded and would be unseen by the public. The design has been crafted to improve the interior natural lighting, enhanced exterior views, and the exterior massing. The west elevation, fronting Spring Street, required improved natural lighting at the stair well. This elevation, while visible to the street, is still in a secluded area and attempts to provide a character and massing appropriate to the standards of the community. Thank you for your consideration of this matter Sincerely, 6 Stephen Hol y Project Manager BP:sh. Enc. M . \Prol_3 \9812.00 Branding Group \Corr \981200- Itr083198- Variance wpd ; §•� �. § | 2k §) � � � � � � .. / \d I:L !{ � � \ \ 9\ S \ \ N m � P olP 00 t 8 o� F1 m CC O O C U IM oCD J - - h I II W j om i d� o d ° 6w 10 T 6 I� U r — -_ II n J - -II I h II I II I II I II I II I I II I� II 0 —� w6 �w o i l OYsi fill? N m � P olP 00 t 8 o� F1 m CC O O C U IM oCD J - - h I II W j om i d� o d ° 6w 10 T 6 I� U r — -_ II n J - -II I h II I II I II I II I II I I II I� II 0 —� w6 �w