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HomeMy WebLinkAboutLand Use Case.CU.866 Roaring Fork Dr.A086-99 THE CITY OF ASPEN MEMO FROM CHRISTOPHER BENDON PLANNER )\(0 cpmk,4 cauck lapki Alk kok � V k c cA ` Rv\ L- -c)(4 �v - AN CV O, ctS f 130 SOUTH GALENA STREET ASPEN, COLORADO 81611 -1975 PHONE 970.920.5072 chrisb2c F aspen. 920.5439 ..r 4 THE CITY OE ASPEN MEMO FROM CHRISTOPHER BENDON PLANNER I / ` / 72)6 .....1 kl k Aq dn &tv4 „' /ra Ktt' ltlt� i ailoved f L2 ?4h/ . ,, 4M - z-re SPE s c o t R DO 516111 ASPEN 9 PHONE e -matt 970.920.509 chri b@d1 Zen. o.us CASE NUMBER A086 -99 PARCEL ID # 2735-121-04006 CASE NAME Second Aspen Subdivision Lots 6 & 7 PROJECT ADDRESS 870 & 866 Roaring Fork Drive PLANNER Nick Lelack CASE TYPE ADU Conditional Use OWNER/APPLICANT Bermuda Properties REPRESENTATIVE Alice Davis & Bill Poss Architecture DATE OF FINAL ACTION 2/17/2000 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Approved BOA ACTION DATE CLOSED 2/25/00 BY J. Lindt • DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order shall expire on the day after the third anniversary of the effective date of the Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption from expiration, extension or reinstatement is granted or a revocation is issued by the City Council pursuant to Section 26.308.010. This Development Order is associated with the property noted below for the site specific development plan as described below. Bermuda Properties, 767 Fifth Ave. 40` Floor, New York, NY 10153 Property Owner's Name, Mailing Address and telephone number Lots 6 & 7, Second Aspen Subdivision, Aspen, CO 81611 Legal Description and Street Address of Subject Property Accessory Dwelling Unit Approval Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative Decision, Approved by Community Development Director, 2/17/2000 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) March 3, 2000 Effective Date of Vested Rights (Same as date of publication of notice of approval.) March 4, 2003 Expiration Date of Vested Rights (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 3rd day of March, 2000, by the City of Aspen Community velopment Director. to Aim Woods, Community Development Director G. Planning.Aspen.forms.DevOrder Notice of Decision Accessory Dwelling Unit Laura and Gary Lauder, owner of a property located at 866 and 870 Roaring Fork Road, Parcel Identification Number 2735- 121 - 04006, Lots 6 and 7 of the Second Aspen Company Subdivision, has applied for administrative approval of a detached Accessory Dwelling Unit (ADU). The Community Development Director shall approve, approve with conditions, or deny a land use application for an Accessory Dwelling Unit pursuant to Sections 26.520 and 26.304 of the Aspen Municipal Code if an application is found to be consistent with the following review criteria: 1. The proposed Accessory Dwelling Unit meets the requirements of Section 26.520.050, Design Standards. 2. The applicable deed restriction for the Accessory Dwelling Unit has been accepted by the Aspen/Pitkin County Housing Authority and the deed restriction is recorded prior to an application for a building permit. COMMUNITY DEVELOPMENT DIRECTOR DECISION The Community Development Director finds that the Accessory Dwelling Unit to be consistent with the review criteria, and hereby approves the ADU on this 17 day of February, 2000 with the condition that the applicable deed restriction for the ADU be accepted by the Aspen/Pitkin County Housing Authority and is rec ded prior to an application for a building permit. t ea V'ti ,, 2 0 J, lie Aim Woods, Community Development Director gp4/ 5 ✓ L EXHIBITS Exhibit A: Accessory Dwelling Unit Design Standards Checklist. Exhibit B: Letter of Request for Administrative Approval Exhibit C: Floor plans and designated parking space. N \ \ \ \ \ \ \ ,,: s. t ' \- . . \ \ \ \ \\ \ \ ka \ ) ) eitA \ \ rs. ‘ 41" a -----• ■ 4. 4 si \ ___ a 1 , N \ \ N " ..\ ..... \ \,, \ r __ \ � \\ , \\ \t\ \\\ a rrib los , t \ _ 41 41* .s \ / / N.\ 9 i ' r 4 : e \ St '„ t" t "C , 4 _ t ‘ , \ \ # _ 7 .%. %%. I la/ 1 � � ::::::: I� .n ♦ ..., ______ ....,„ _ 7 N pe \ . / p \ ,, , \ 'may `' /4" \ ���\\\\\ y am` \ \ ■ \ ...„e ,.. • ,6 49 , It. .9, - - Al e 4 , , 4.--7 ..).4, Iiiiiir P v c• \ ... \ \ -Ig\ ,., , , , \ , ,. ., , Subdivision Variance Pursuant to Section 26.580.020(f), Engineering Design Standards, all subdivisions are required to have fire lane and emergency access easements twenty (20) feet in width where required by the fire marshal. The applicant is requesting Special Review for a subdivision variance to reduce this easement from 20' to 16'. City Engineer Nick Adeh has approved the conceptual site plan showing the easement reduction. Aspen Fire Marshal Ed Van Walraven signed a letter supporting the reduction in exchange for a legally binding agreement from the owner of lot 7A (the Lauder family) to provide a 50 feet turning radius into the building site, a full fire truck turn-a -round at the future residence, and upgrade the required 13D fire sprinkler system to a 13R system. Staff supports this request. RECOMMENDATION: Staff is recommending: 1. Approval of the detached ADU with conditions; 2. Denial of a variance to place a street facing principal window in the "no window zone" on the South elevation; and 3. Approval of the subdivision variance to reduce the emergency access easement from 20 feet to 16 feet with conditions. REVIEW PROCEDURE: • Conditional Use for ADU. The Commission shall approve, approve with conditions, or disapprove the application at a public hearing. • Residential Design Standards. Upon receipt of an application for Residential Design Standards, the Community Development Director shall determine if the development plan is consistent with the Residential Design Standards. If an application is found to be inconsistent with any item of the Standards, the applicant may either amend the application or seek a variance. The Design Review Appeal Committee (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 standard in question; or, c) clearly necessary for reasons of fairness related to unusual site specific constraints. • Special Review for subdivision variance. The Commission shall by resolution approve, approve with conditions, or disapprove a development application, after recommendation by Community Development. RECOMMENDED MOTION: "I move to approve the Conditional Use for an Accessory Dwelling Unit, deny the variance from the Residential Design Standards, and approve the Special 3 Review for a subdivision variance to reduce the emergency access easement from 20 feet to 16 feet" ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Vicinity Map Exhibit D -- Development Application Exhibit E -- Site Photographs 4 EXHIBIT A LAUDER ADU, RESIDENTIAL DESIGN STANDARDS, SUBDIVISION VARIANCE REVIEW CRITERIA & STAFF FINDINGS Section 26.425.040, 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: A deed restricted Accessory Dwelling Unit (ADU) is consistent with the purposes, goals, objectives, and standards of the Aspen Area Community Plan (AACP). Supplying and increasing the affordable housing stock is clearly a goal of both the AACP and Land Use Code. The intent of the City's R -15 zone district is "to provide areas for long term residential purposes with customary accessory uses." ADU's meet the "long term residential purposes" intended for this zone district because they are rented for terms of no less than six (6) months. In addition, ADUs are customary accessory uses throughout Aspen. (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 proposed detached ADU is consistent and compatible with the character of the immediate vicinity. The subject property is surrounded by single family houses, some of which have accessory dwelling units, and vacant parcels. The detached ADU enhances the neighborhood because of its size, location, and design. Detaching the unit from the single family house produces two (2) structures that are smaller in size than one large combined house /ADU. The smaller sizes of the two (2) structures is consistent with the neighborhood, particularly on the City side of the Roaring Fork River. (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. 5 Staff Finding: The ADU's location, size, and design will be visually compatible with the primary residence on the property and in the immediate vicinity. Similar to the surrounding parcels, the unit's trash and service deliveries will be accessed from the street in front of the property, Roaring Fork Drive. Based on comments from staff, the applicant has proposed one shared access for the single family house and detached ADU, and located the ADU parking space behind the ADU. The parking space will be barely visible from the street, thereby minimizing the impacts on pedestrian and vehicular circulation. Staff is appreciative that the applicant eliminated a separate access to the ADU and moved the parking space from the side of the unit, completely visible from the street, to the back of the unit. The proposed ADU is a one story structure containing 700 square feet in a one- bedroom plus study, one bath layout. There will be a living room and full kitchen plus substantial mechanical /storage space. Staff believes these are important characteristics which promote high quality living environments. No noise, vibrations, or odor related impacts are anticipated. (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: Infrastructure capacity is sufficient for this development and utilities are available. The applicant will need to complete a tap permit for sanitation service and is subject to connection fees. The ACSD may require the provision of separate taps for each unit. Park fees are payable at building permit for the difference in the number of bedrooms per unit. (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. The family's caretaker of seven years will occupy the unit year - around. The unit will be deed - restricted for working resident usage. (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 development appears to be in conformance with all other applicable standards of the Aspen Area Comprehensive Plan and land use code. The only exception is the 6 request to reduce the width of the access from 20 feet to 16 feet, for which the applicant has gained approval. Section 26.520.020, Development Review Standards for Accessory Dwelling Units A. General provisions. 1. Accessory dwelling units shall contain not less than three hundred (300) square feet and not more than seven hundred (700) square feet. The unit shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units. If the unit is rented, it shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal 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 Finding The proposed detached ADU will contain approximately 700 square feet in a one bedroom plus a study, one bath layout on the main level, with a subgrade office. The applicant understands that the unit will be deed restricted, registered with the housing office, and available for rental to eligible working residents of Pitkin County for periods of no less than six (6) months. The Lauder family plans to rent the unit to the family's longtime caretaker; the caretaker plans to live in the unit year- around. One ADU parking space is provided for behind the unit and is barely visible from the street. 2. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. Staff Finding This standard is not applicable because the proposed unit is detached. 3. An attached accessory dwelling unit shall utilize alley access to the extent practical. Staff Finding This standard is not applicable because the proposed unit is detached and there is no ally access to the unit. B. Development review standards. The review standards for an accessory dwelling unit are as follows: 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- 7 around occupancy, shall not create a density pattern inconsistent with the established neighborhood; Staff Finding The detached ADU will be similar in design and materials to the primary residence, and therefore will be compatible with the primary residence and development within the neighborhood. The primary unit will be centrally located on the property and consist of over 4,000 square feet; the detached ADU will consist of 700 square feet and be located off to the side and downslope from the primary residence. Hence, the ADU will be compatible and subordinate in character to the main house and neighborhood development. In addition, the ADU will be occupied year- around but should not create a density pattern inconsistent with the established neighborhood because the main residence and ADU are being constructed on two (2) lots, giving the appearance of one house per lot. As a result, this unit exceeds this standard. 2. For detached accessory dwelling units, 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. Staff Finding The applicant is not requesting variances from the dimensional requirements of the underlying zone district. 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 Sections 26.520.030(B)(2)(a) through (8) provided that the nonconformity is not increased. Staff Finding This standard is not applicable because the subject property is vacant. 4. Conditional use review shall be granted pursuant to Section 26.425, Standards applicable to all conditional uses. Staff Finding Conditional use review approval is also being requested in this application. Refer to the previous Review Criteria and Staff Findings discussion for Conditional Use approval. 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 8 requirements of the Uniform Building Code, as determined by the Chief Building Official. Staff Finding: Does not apply. This is not a bandit unit. 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. Multi- Family housing replacement applies to structures of three or more units. E. FAR for Accessory Dwelling Units. For the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, the following shall apply: The allowable floor area of an attached accessory dwelling unit shall be excluded up 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 shall only apply to accessory dwelling units which are subject to conditional use review and approval pursuant to section 26.425 of this code. In addition, the units shall be deed restricted, registered with the Aspen/Pitkin County Housing Authority, and rented to an eligible working resident of Pitkin County. The owner shall retain the right to select the renter for the unit. The floor area of a detached accessory dwelling unit separated from the principal structure by a distance of not less than ten (10) feet with a minimum footprint of six hundred twenty five (625) square feet, shall be calculated at fifty (50) percent of the allowable floor area up to seven hundred (700) square feet of floor area. Staff Finding: The proposed detached ADU qualifies for the maximum 350 square feet of Floor Area exclusion because the unit will be detached by more than 10 feet with a footprint of 625 square feet. 9 Section 26.575.020, Miscellaneous Supplemental Regulations for Window Variance The applicant's proposed development is subject to an FAR penalty because the principal street facing window on the south elevation violates 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 offloor 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 Aspen Area Community Plan (AACP). The Residential Design Standards are a direct outcome of the AACP. Thus, this standard is not met. b) a more effective method of addressing standard in question; or, Staff Finding: According to the Residential Design Standards, the purpose /intent of the "Volume" standard "is to ensure that each residential building has street facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions." The standard specifically says no windows in this area unless the house size is reduced by the Floor Area penalty. The proposed window covers the entire nine (9) to twelve (12) foot area, and does not provide a human scale to the facade, enhance the walking experience; or reinforce local building traditions, particularly because it is on the street facing elevation. Staff does not believe this standard is met and, therefore, recommends the window be allowed only if the Floor Area penalty is imposed. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Finding: The site is buildable with virtually no unusual physical conditions (i.e., topography, natural hazards, etc.) where reasons of fairness would dictate that the proposed street facing principal window must be included in the design. Staff does not believe there exists a hardship which prescribes this variance. 10 26.480.050 Review Standard for Subdivision Variance. A. General requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding The Aspen Area Community Plan generally discusses health and safety. Staff feels that the reduction in easement width will not compromise the goals of the AACP. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Finding Reducing the driveway /emergency access by four (4) feet will result in less pavement and slightly more building volume on the property, which is consistent with the character of existing land uses. The fact that the single family house, ADU and adjoining Lot 7A will share the driveway /emergency access is an attractive feature because it will minimize curb cuts and the amount of pavement in this moderate density, relatively undeveloped neighborhood. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding This subdivision variance will not adversely affect future development of surrounding areas. The driveway /emergency access easement reduction will not impact development on Lot 7A, also owned by the Lauder family, because the driveway /access will continue to provide adequate access to Lot 7A via Lots 6 and 7. The City Engineer and Fire Marshal have reviewed and approved the proposal. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding The request is for a variance from this Title, but is deemed consistent with the Title by the Engineer's and Fire Marshal's approvals and conditions. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be 11 STAFF COMMENTS: Laura and Gary Lauder have applied for the following: 1) Conditional Use approval for a detached Accessory Dwelling Unit (ADU); 2) A variance from the Residential Design Standards for a single family house; and 3) Special Review for a subdivision variance to reduce the fire lane and emergency access easement from 20' to 16'. The single family house and ADU are to be located on lots 6 and 7 in the Second Aspen Company Subdivision. An ADU will provide for an exemption from GMQS. ADU The detached ADU includes approximately 700 square feet of net livable space. The plans include one bedroom plus a study, one bath, and generous kitchen and living area on the main level, as well as an office and a storage /mechanical area in the basement. Based on comments from staff, the applicant has proposed one shared driveway access for the single family house and detached ADU, and located the ADU parking space behind the ADU barely visible from the street. The ADU meets or exceeds all development standards and has been reviewed and recommended for approval by the appropriate referral agencies. The unit far exceeds the minimal living conditions typically provided, and should provide for a high quality living environment for the family's caretaker. Residential Design Standards The applicant is requesting a waiver of one Residential Design Standard concerning the volume standard for windows within 9 to 12 feet of floor height on the primary residence. Section 26.410 of the Land Use Code states that "Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve (12) feet above the finished first floor." Waiving the window standard will allow the placement of these windows as proposed without a Floor Area penalty. Staff does not find the variance criteria to be met and does not support the variance. The window standard allows for larger windows but requires a floor area penalty. The purpose of this standard is to allow either large houses or large windows — but not a large house with large windows. This is a vacant lot with no constraints and the house can be designed to meet the City's Residential Design Standards. The Design Review Appeal Committee (DRAC), or as in this case the Planning and Zoning Commission, may waive the Residential Design Standards upon finding the proposal meets one of the variance criteria for each of the standards. Staffs response to these criteria are included in Review Criteria and Staff Findings, in Exhibit A. 2 ci C F O 11 � 1 zO O U 11N N o Q" 4 0 r ` � LL, r 11 0 n N A A a a 11 u 1- 9 w q iu > , z LH > > :4- 0 c 1 1 k m E L /101 -,gt in0,11 _1 0 O r 34 #141 �, At ,�, ce AA = � .___, I 0 0 ,--- 1 / J j /� j� in J O I___ __ I /// // n t • I Ill �� r r rr / / / /� loll. / z W r l g % � � ,- .0 % /or Q < V 10 4, w w A� 0 0 .(q 1~ b re- 0 0 z 0 4 0 Q u ti 44 L---J1 11 O ro 7c 1 f5 ) � � im. r-- r j j _ - �. = 4 WW ; e Aik_ r 0 Z z ED tn 0 _ 411) ,....sai 0 0 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Devel ment Director Joyce Ohlson, Deputy```` Director FROM: Nick Lelack, Planner RE: Second Aspen Subdivision Lots 6 & 7, Conditional Use ADU, Residential Design Standards, Special Review for Subdivision Variance - ance Public Hearing DATE: November 16, 1999 APPLICANT: , Laura and Gary Lauder �' REPRESENTATIVE: -1 1' ' h Alice Davis, Davis Horn Inc. * ' t LOCATION: Second Aspen Company . °. Subdivision Lots 6 an d 7 870 and 866 Roaring Fork Drive S ;,,4,,, ; a a ZONING: l J "a R -15, Moderate- Density Residentia r CURRENT LAND USE: Two (2) vacan t, undeveloped lots. Proposed Accessory Dwelling Unit site. Additional photographs are included in Exhibit E. PROPOSED LAND USE: Single family house w ith a detached 700 sq. ft. ADU. SUMMARY: This is a 3 -part application: 1) Conditional Use approval of a detached Accessory Dwelling Unit LOT SIZE: t 65,027 square feet for both lots. (ADU), providing an exemption from GMQS; 2) A variance from the Residential Design Standards; and FAR: 3) Special Review for a subdivision variance to Allowable: 5,525 sq. ft. reduce the fire lane an d emergency access easement \I-\\I\ i.Q\)K\\,t ( Proposed: 5,500 sq. ft. from 20 feet to 16 feet. harmful to the health, safety, or welfare of the residents in the proposed subdivision. Staff Finding Reducing the width of the driveway /emergency access will not be harmful to the health, safety, or welfare of the residents in the proposed subdivision. The result will be a smaller driveway /access in exchange for a slightly larger single family house on the property. b. Spatial pattern efficient The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding The proposed variance will not create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. The City Engineer and Fire Marshal believe the proposed emergency access will provide adequate access to the single family home, ADU, and undeveloped Lot 7A with the condition that the owners of Lot 7A sign a legally binding agreement to provide a 50 feet wide turning radius into the building site, a full fire truck turn-a- round at the future residence, and upgrade the required 13D fire sprinkler system to a 13R system. The reduced width access actually increases spatial efficiency on the property. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and /or the goals of the community. Staff Finding Strict adherence to the subdivision design standards would not result in incompatibility with Aspen Area Comprehensive plan, the existing neighboring development areas, and/or the goals of the community. However, the variance is not incompatible with the plan or neighborhood or community goals either. Nevertheless, this standard is not met. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. 12 Staff Finding The applicant has specified the design standard variation requested, provided justification for the request, and provided a design recommendation by the City Engineer (and Fire Marshal). The justification for the request is to increase the allowable floor area for the property. Staff accepts the justification and is supportive of this variation request for two reasons: first, it will allow for a larger and more livable ADU, and second, the applicant agreed to eliminate a separate access and publicly visible parking space for the ADU. The result will be slightly more building volume on the property gained from an increase in FAR from a smaller emergency access easement, but one less curb cut, far less pavement, and an ADU parking space barely visible from the street. Thus, this standard is met. D. Affordable housing_ A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding This standard is met because the applicant is providing affordable housing in the form of an ADU. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding This standard is not applicable because this is not a new subdivision. Instead, it is a variance from a subdivision standard. 13 Resolution #99 - 310 (SERIES OF 1999) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT, AND SUBDIVISION VARIANCE TO REDUCE THE WIDTH OF THE EMERGENCY ACCESS EASEMENT FROM 20 FEET TO 16 FEET, AND DENYING A RESIDENTIAL DESIGN STANDARDS VARIANCE FOR VOLUME, LOCATED ON THE SECOND ASPEN COMPANY SUBDIVISION LOTS 6 AND 7, 870 AND 866 ROARING FORK DRIVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735 -121 -04006 WHEREAS, the Community Development Department received an application from Laura and Gary Lauder, owners, represented by Alice Davis of Davis Horn, Inc., for a Conditional Use Review for a detached Accessory Dwelling Unit of approximately seven hundred (700) square feet of net livable area to be located on Lot 7 of the Second Aspen Company Subdivision, at 870 and 866 Roaring Fork Drive, City of Aspen; and, WHEREAS, Lots 6 and 7 of the Second Aspen Company Subdivision together are approximately 65,027 square feet, located in the Moderate - Density Residential (R -15) Zone District, and are currently vacant parcels; and, WHEREAS, pursuant to Sections 26.710.050, Moderate - Density Residential, 26.520.020, Accessory Dwelling Units, and 26.425.040, Standards Applicable to All Conditional Uses, of the Aspen Municipal Code, Accessory Dwelling Units in the R -15 Zone District may be approved, at a public hearing, by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Sections; and, WHEREAS, the Housing Office, Aspen Consolidated Sanitation District, City Engineering, and the Community Development Department reviewed the Conditional Use for an Accessory Dwelling Unit and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code, Community Development Department staff reviewed the applicant's application for compliance with the Residential Design Standards of Section 26.410.040 of the Aspen Municipal Code and found the submitted development application to be inconsistent with Standard 26.410.040(D)(3)(a), Windows, of the Aspen Municipal Code as it applies to the street facing principal window on the South elevation of the proposed single family house; and WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found by Community Development Department staff to be inconsistent with any item of the Residential Design Guidelines, the applicant may either amend the 14 application or appeal staff's findings to the Design Review Appeal Board pursuant to Chapter 26.222, Design Review Appeal Board; and WHEREAS, pursuant to Section 26.410.020(B) of the Aspen Municipal Code, the applicant submitted a request for a variance from Standard 26.410.040(D)(3)(a) of the Aspen Municipal Code to the Design Review Appeal Board as it applies to the street facing principal window on the South elevation; and WHEREAS all applications for appeal from the Residential Design Standards of Section 26.410.040 must meet one of the following review standards in order for the Design Review Appeal Committee or other decision making administrative body to grant an exception, namely the proposal must: a) yield greater compliance with the goals of the Aspen Area Community Plan; b) more effectively address the issue or problem a given standard or provision responds to; or c) be clearly necessary for reasons of fairness related to unusual site specific constraints; and WHEREAS, the applicant requested Special Review for a subdivision variance to reduce the emergency access easement from 20 feet to 16 feet; and WHEREAS, pursuant to Section 26.430.020, Special Review, the Planning and Zoning Commission may approve, approve with conditions, or deny a subdivision variance, after recommendation by the Community Development Director; and WHEREAS, the City of Aspen Engineer and Fire Marshal reviewed the subdivision variance request to reduce the emergency access easement from 20 feet to 16 feet and recommended approval with conditions; and WHEREAS, during a duly noticed public hearing at a regular meeting on November 16, 1999, the Planning and Zoning Commission, which also served as the Design Review Appeal Board, approved the Conditional Use for a detached Accessory Dwelling Unit to be located at 870 and 866 Roaring Fork Drive, with the conditions recommended by the Community Development Department, denied a variance from the Volume standard of Section 26.410.040(D)(3)(a) of the Aspen Municipal Code as it applies to the street facing principal window on the South elevation because it did not meet any of the review standards, and approved the subdivision variance to reduce the emergency access easement from 20 feet to 16 feet for the Second Aspen Company Subdivision Lots 6 and 7, with conditions, by a vote of to (_ - NOW, THEREFORE BE IT RESOLVED by the Commission: 15 Section 1 That the proposed design of a single - family residence at 870 and 866 Roaring Fork Drive, Aspen, Colorado, is denied a variance from Section 26.410.040(D)(3)(a), Windows, of the Residential Design Standards as it applies to the street facing principal window on the South elevation of the single family house because it does not satisfy the review standards. Section 2 That the subdivision variance to reduce the emergency access easement is approved with the following condition: 1) A legally binding agreement from the owner of Lot 7A to provide a 50 feet turning radius into the building site, a full fire truck turn- around at the future residence, and upgrade the required 13D fire sprinkler system to a 13R system. Section 3 That the Conditional Use for a detached Accessory Dwelling Unit of approximately seven hundred (700) square feet of net livable area to be located on the main level of a single family residence at 870 and 866 Roaring Fork Drive, is approved with the following conditions: 1) The building permit application shall include: a) a copy of the agreement from the owner of Lot 7A to provide a 50 feet turning radius into the building site and a full fire truck turn- around at the future residence. b) a copy of the Aspen Planning and Zoning Commission resolution. c) a copy of the Administrative approval for an insubstantial amendment to an approved plat to move the emergency access easement/access to Lot 7A designated on the plat to the west as indicated on the proposed Accessory Dwelling Unit site plan. d) a current Site Improvement Survey indicating the nature of all easements of record indicated on the property title commitment; the updated survey must be wet sealed and signed, and reflect full monumentation of both lots, and that states "all easements of record as indicated on title policy number , dated, are shown hereon." e) a completed and recorded sidewalk, curb, and gutter construction agreement and an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. f) a completed and recorded ADU deed restriction on the property, a form for which may be obtained from the Housing Office. The deed restriction shall be noted on the building permit plans. g) a drainage report and a drainage plan, including an 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 16 percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 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 the drainage plan. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the retention volume meet the design storm. h) a tree removal or relocation permit from the City Parks Department for any trees to be removed or relocated. i) tree protection fencing shall be installed at the dripline of all existing vegetation within the construction envelope before any construction activities begin. No storage of construction backfill or materials will be permitted within this tree protection zone. The large cottonwood is within the area which needs tree protection fencing. j) a completed tap permit with the Aspen Consolidated Sanitation District. The applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the ACSD superintendent. 2. The building permit plans shall reflect/indicate: a) Conformance with all aspects of the City's Residential Design Standards. b) The proposed ADU is labeled as such and meets the definition of an Accessory Dwelling Unit. c) The ADU will contain a kitchen (having a minimum of a two -burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer) and a bathroom (having a minimum of a shower, sink, and a toilet). d) The ADU has the minimum one (1) off - street parking space provided; the building permit plans shall indicate the designated ADU parking space. The ADU space must have clear access and cannot be stacked with a space for the primary residence. e) The ADU meets all applicable UBC requirements for light and air. 0 An overhang shall cover the ADU entrance designed to prevent snow and ice from falling on, or building -up on, the entrance to the ADU. g) Conformance with the City's requirements for driveways. Driveways must be separated by 25 feet or more (including neighboring driveways), and must be paved from the edge of the street to the property line. Paving alternatives may be approved by the City Engineer. h) A fire suppression system if the gross square footage of the structure exceeds 5,000 square feet. i) A five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage at the edge of the street paving. 17 3. The applicant shall provide separate utility taps and meters for each residential unit. 4. 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 access to 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. 5. 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. 6. 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. The applicant shall inform the contractor of this condition. 7. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. Monday - Saturday. 8. Before applying for 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. 9. 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. 10. Utility stub outs to Lot 7 -A shall be installed at the time of development of Lot 7 in order to prevent further damage to the recently repaved Roaring Fork Road. APPROVED by the Commission at its regular meeting on November 16, 1999. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Robert Blaich, Chair ATTEST: Jackie Lothian, Deputy City Clerk C:\home\Active Cases \Lauder - 2nd Aspen Subdivision\Lauder PZ memo.doc 18 ExN1r3 Slk CoaMIS MEMORANDUM To: Nick Lelac, Planner Thru: Nick Adeh, City Engineer / a From: Chuck Roth, Project Engin Ce- Date: November 2, 1999 Re: Lauder Conditional Use for an Accessory Dwelling Unit The Development Review Committee has reviewed the above referenced application at their October 6, 1999 meeting, and we have the following comments: General - (1) These comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to complaints related to approvals tied to "issuance of building permit." (2) If there ar any encroachments into the public right -of -way, the encroachment must either be removed or be subject to current encroachment license requirements. 1. Improvement Survey - The improvement survey submitted with the application is deficient in several aspects. The building permit application needs to include an updated improvement survey that is wet sealed and signed, that reflects full monumentation of both lots, and that states "all easements of record as indicated on title policy number , dated , are shown hereon." 2. Site Drainage - The existing City storm drainage infrastructure system does not have additional capacity to convey increased 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, prior to the building permit application, 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, must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the 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. The drainage plan must contain a statement specifying the routine maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within utility easements. The 1 foundation drainage system should be separate from storm drainage, must be detained and routed on site, and must be shown on drainage plans prior to building permit drawings. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm. Drainage from the driveway is of special concem. 3. Sidewalk, Curb and Gutter - The development plans need to indicate a five foot wide pedestrian usable space with a five foot buffer for snow storage, where feasible, along Roaring Fork Road. The applicant needs to sign a sidewalk, curb and gutter construction agreement, and pay recording fees, prior to issuance of a building permit. 4. Revised Access Easement — The revised access easement needs to be documented by an amended Replat of Lots 7 & 7 -A, Second Aspen Company Subdivision, or by a recorded easement. 5. Fire Marshal — The approvals of the fire marshal in the letter dated September 17, 1999, need to be documented in the P & Z Resolution or by plat notes on an amended plat. 6. Aspen Consolidated Sanitation District — The applicant should be required to install utility stub outs to Lot 7 -A at the time of development of Lot 7 in order to prevent further damage to the recently repaved Roaring Fork Road. 7. 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: Karma Borgquist, Ed Van Walraven, Joyce Ohlson, Chris Bendon, Stephen Kanipe, Tom Bracewell, Chuck Roth 991.4161 2 MEMORANDUM TO: Nick Lelack, Planner FROM : Sarah Oates, City Zoning Officer S v RE: Lauder Residence Conditional Use for an ADU DATE: November 3, 1999 Lots 6 and 7, Second Aspen Company Subdivision, create a 65,027 square foot parcel located in the R -15 zone district. The following dimensional requirements apply to this parcel: Front yard setback 25 feet Side yard setback 10 feet Rear yard setback 10 feet Site Coverage No requirement Open Space No requirement Height 25 feet A large portion of the parcel contains slope in excess of 20 -30% requiring that slope reduction be applied when calculating the permitted floor area. Per a certified slope analysis survey, as well as exclusions for an easement and portions of the property under water, the lot square footage from which floor area is calculated is 32,077 square feet, allowing for 5,525 square feet of floor area. Revised plans, dated November 2, 1999, reflect an increase in the net livable space of the ADU, allowing for a floor area bonus of 350 square feet and sufficient floor area for both the ADU and main house. The height of the main residence conforms to the City zoning regulations. These figures, and the height, will again be verified at the time of the building permit application on a full size set of plans. These figures may change if the ADU is reconfigured during the land use review process. The applicant should discuss any UBC requirements for the ADU subgrade office in terms of light, ventilation and egress with the Building Department. Should any additional exposed wall area be needed to meet UBC requirements, it will affect the floor area figures. Aspentonsolidated Sanitationtistrict Sy Kelly * Chairman John Keleher Paul Smith * Treas z y . Frank Loushin Michael Kell *Secy Bruce Matkerly, Mw October 8, 1999 dui 1 d 1999 ASPEN! 1P :TKIN Nick Lelack Community Development 130 South Galena Aspen, CO 81611 Re: Second Aspen Sub. Lots 6 & 7 Dear Nick: The Aspen Consolidated Sanitation District currently has sufficient collection and treatment capacity to serve this development. Service is contingent upon compliance with the District rules, regulations, and specifications which are on file at the District office. Our primary concern is with the proposed conceptual site access. The applicant proposes to "shift the existing access easement on lot 7 for the ADU ." The proposed alignment encroaches upon the District's 20 foot sanitation easement and would place our entry hatch for a siphon line in the middle of the access road. This would be a violation of the District's regulations. The access road to the ADU must not be located over our easement in this area. The conceptual access road to the ADU needs to be moved or our facilities could be relocated to a new easement in the area at the applicant's expense. Our second concern would be that utility service access be planned and provided now for lot 7A if there is any potential for the lot to be sold and developed at a later date. In other parts of our service area we have dealt with service access problems to due a lack of initial planning by the developer or lot owners. Lot 7A could easily become inaccessible for future utility connections if a potential utility alignment is not planned now. Please call if you have any questions. Sincerely, Bruce Matherly District Manager 565 N. Mill St.,Aspen, CO 81611 / (970)925 -3601 / FAX (970) 925 -2537 OCT 20 '99 10 :51RM ASPEN HOUSING OFC P.1 MEMORANDUM TO: Nick Lelack, Community Development Department FROM: Cindy Christensen, Housing Office DATE: October 20, 1999 RE: Second aspen Subdivision Lots 6 and 7 Laura and Gary Lauder Property /,2QUES7' The applicant is requesting approval to construct a one - bedroom detached accessory dwelling unit. Ea. According to Section 28.520, Accessory Dwelling Units, an accessory dwelling unit shall contain not less than 300 square feet and not more than 700 square feet. The proposed development needs to be compatible and subordinate In character with the primary residence located on the property and with the development located within the neighborhood. ISSUES: When the Housing Office reviews plans for an accessory dwelling unit, there are particular areas that are given epedal attention. They are as follows: 1. The unit must be a totally private unit, which means the unft 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 -burner stove with oven, standard sink, and a 6- cubic foot re$Igerator 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., eepedally 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 dear and open to the sky. 4. Should the unit be used to obtain an FAR bonus, the unit MUST 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. RICOMMENDATIOt4: After reviewing the application, the Housing Office recommends approval as this le a detached unit, located above ground, therefore, falls under conditions 1 -5 stated above. Prior to C.O. the Housing Office requests a site visit to inspect the unit. Site plan shows no significant tree impacts on this large property. Tree protection fencing shall be installed at the dripline of all exsisting vegetation within the construction envelope BEFORE any construction activities begin. No storage of construction backfill or materials will be permitted within this tree protection zone. The large cottonwood is within the area which needs a tree protection fencing ... This requirement will be inspected in the field!!!! ��� S k- e �Z \ S zN v>r\ Attachment #7 and associates ... 605 EAST MAIN STREET ASPEN COLORADO 81611 TELEPHONE 970/925 -4755 FACSIMILE 970/920 -2950 September 17, 1999 Mr. Nick Adeh, City Engineer Community Development Department 130 S. Galena St. Aspen, Colorado 81611 Re: Conceptual Engineering Review Second Company Subdivision Lots 6 and 7 Dear Nick, Please confirm the following information discussed in our meeting to the review the conceptual Site Plan for the residence and Accessory Dwelling for Laura and Gary Lauder on Roaring Fork Road and sign below if the information meets your approval. Please also review the attached letter of conceptual approval of the Fire Department. Exception to engineering requirements for drive separation and widths are granted for the proposed configuration of two driveways (One shared between the Main House and access to 7A and one for the ADU) for the following considerations: a) The design maintains natural grades and vegetation while minimizing the slopes of the driveways. b) Because the future access to Lot 7A branches off the main drive midway into Lot 7 with an immediate transition down, the ADU is higher in elevation than the drive. A separate drive for the ADU is necessary. c) Roaring Fork Road has no curb and gutter and minimal street parking. d) Vegetation between the driveways will be kept at a minimum to maintain proper view angels. e) Further separation of the drives would cut into the hillside and natural vegetation requiring regrading of more than 30" within the Front Setback. a } ' jS • .4 - .i rr= j m „ r,. ` .s s x " v 7 'r , Pr,°� s l - u ' z y 1 .F ,�-- 1 , :r xu cp, - '` Page 2 Conceptual Site Review and assoc,ates City Engineering f) Fire Department dictates width requirements of driveways for fire truck access. Further, no exception is taken to the relocation of the existing Access Easement on Lot 7 to allow for the ADU. In addition to moving the Access Easement, the applicant has requested a variance of four feet in the width of the easement to match the width of the driveway. Because Utilities are located in a separate 20 foot wide utility easement along the east property line, a 16 foot wide easement for the drive access is acceptable. I have reviewed the above information and attached letter addressing Fire department issues and find it to be consistent with our meeting. I approve the conceptual site plan for the residence of Laura and Gary Lauder conditional of final review at submission of the Building Permit. Approved Date Nick Adeh, City Engineer Thank you for your assistance in the pre - submittal review of this project. Sincerely, 'ass and Associates architects, Julie Maple, project architect 1 and associates 605 EAST MAIN STREET ASPEN,COLORADO 81611 TELEPHONE 970/925 -4755 FACSIMILE 970/920 -2950 September 17, 1999 Mr. Ed Van Walraven, Aspen Fire Marshal Aspen Fire Protection District 420 E. Hopkins Aspen, Colorado 81611 Re: Conceptual Site Access Review, Second Company Subdivision Lots 6 & 7 Dear Ed, Please confirm the following information discussed in our meeting September 16, 1999 to the review the conceptual Site Plan for the Residence and Accessory Dwelling for Laura and Gary Lauder on Roaring Fork Road and sign below if it meets with your approval. The general layout and access to the Main Residence, Lower Lot 7A, and separate drive to the detached ADU were reviewed and found acceptable with the following revisions: 1) The main drive with shared access to lower lot 7A needed to be increased from 15 ft. wide to 16 ft wide. 2) In order to access the back of the Main House, Truck #1 with the areal extension would need to be used. This requires an extension of approximately 5 1/2 feet to the garage turn -a -round and widening of the portion opposite for the trucks 40' -6" turning radius and overhang. 3) 12" of grass pavers need to be installed on either side of the 12 foot wide ADU driveway that can support the weight of a 50,000 Lb. truck. 4) The applicants request to shift the existing Access Easement on Lot 7 for the ADU and reduce the width from 20 ft. to 16 ft. will be supported by the Fire Department in exchange for a legally binding agreement from the owner of Lot 7A to provide a 50 if turning radius into the building site, a full fire truck turn -a -round at the future residence, and upgrade the required 13D fire sprinkler system to 13R system. - - ,t a y fl v v I ` 4 y # h F � a� i7 x ie . y4t0, .,! & 3�a "« § e '" e > . « y w +, + -s " i a .5 z t - ate ' 4 fr1W . . r ' , ' '#i �" Nhx h, ; :.5 y � ' 4d �A§.. `�c""'r 5` �- �'�n ,-r,, eye" � � �, c� � �,°K>:",., 5 L • Page 2 &:ociates Conceptual Site Plan Review Aspen Fire Protection District I have reviewed the above account of the meeting of September 16, 1999 and approve the conceptual site plan for the residence of Laura and Gary Lauder with the stated revisions. Final review for compliance will occur at Building Permit submission. Approved Date 7 Ed Vary alraven, Aspen Fire Marshal - Thank you for your assistance and early review of this project. Agreements for Lot 7A are in progress and will be forwarded to you when they are complete. Sincerely, Bill P• s and Associates Architects, Maple, project architect 1/4."' ;r+' Attachment #2 Exhibit C \r‘c■v■■+1 fa.P \%- •• / ---7,N � / 1 r ve „<_-____ \\\\ , „.„;;;;-___:- 4 ;1 i -,,,*- 4 wit, t \\\ Cry' ^ mir 7 ' 1Phof _ e vii VS �= r ®� ivi --t . , . t ' sJ ! E Z1 # 6 ,_ ,--„,..----- \\ , Vtoj ii-W7 '-' , \N\::‹N ii , \ .i \ say _ ' / it -- __,/ 4 24/ 1- -- -- - -\ 4 ' 'ci tot 74e.r I; tai i-----_------ ___ I ir ,_ ____ R 47 4741 . 1/47 rt �--_ ° AI/ 4 _ J JET' n 1. 200 0 200 400 Feet Location Map D\t.l uk h-0.00 Davis Horn- PLANNING & REAL ESTATE CONSULTING September 6. 1999 Chris Bendon Aspen Pitkin County Community Development Department 130 Galena Street Aspen, CO. 81611 RE: Second Aspen Company Subdivision Lots 6 and 7: The Laura and Gary Lauder Property Dear Chris: Davis Horn Incorporated and William Poss and Associates represent Laura and Gary Lauder who own two lots in the Second Aspen Company Subdivision. The Lauders intend to develop the two lots with one single family residence and a detached accessory dwelling unit (ADU). This letter is a land use application requesting the necessary approvals for the development of the house and ADU including the following: 1. ADU REVIEW pursuant to section 26.520.020 of the Code; 2. CONDITIONAL USE REVIEW for the ADU pursuant to Section 26.425.040 of the Code; 3. RESIDENTIAL DESIGN REVIEW for the single family home and the ADU pursuant to Section 26.410.040 of the City of Aspen Land Use Code: and 4. GROWTH MANAGEMENT EXEMPTION for the detached single family dwelling unit according to Section 26.470.070(B) of the Code. The following summarizes some of the important facts regarding the subject property. CURRENT LAND USE: Two vacant, undeveloped lots PROPOSED LAND USE: Single family home with a detached accessory dwelling unit LOCATION: 870 and 866 Roaring Fork Drive LEGAL DESCRIPTION: Lots 6 and 7 of the Second Aspen Company Subdivision ZONING: R -15 LOT SIZE: 65.027 square feet including both lots LAND AREA AVAILABLE FOR FAR: 32,113 square feet including both Tots; and ALLOWABLE FLOOR AREA: 5,526 square feet. The following section of this application gives each of the applicable review standards for the ADU review, the Conditional Use Review and the Residential Design Review. Each standard is followed by our response demonstrating compliance with the standard. ALICE DAVIS, AICP S GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180 M Section 26.520.020, Accessory Dwelling Units A. General Provisions. 1. Accessory dwelling units shall contain not less than three hundred (300) square feet and not more than seven hundred (700) square feet . The unit shall be deed restricted, meeting the housing authority 's guidelines for resident occupied units. If the unit is rented, it shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal 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. RESPONSE: The proposed detached ADU will contain approximately 625 square feet in a one bedroom plus a study, one bath layout. There is also a 625 square foot mechanical/storage area below grade, beneath the finished accessory dwelling unit. The applicant understands that the unit will be deed restricted, registered with the housing office, and available for rental to eligible working residents of Pitkin County for periods of no less than six (6) months. It is also understood by the applicant that, as the owner, he will still have the right to set the rental rates and choose the renter, provided the renter qualifies under the applicable Housing Guidelines. It is the applicant's intention to rent the unit to a caretaker. A floor area bonus is allowed according to Section 26.575.020(A)(6) of the Code, but the section also provides that there is no mandatory occupancy provision on the deed restriction as the ADU is a detached accessory dwelling unit and separated from the principal structure by more than 10 feet. The floor area bonus is 50% of the size of the ADU or half of the 700 square foot maximum size allowed for ADUs, whichever is less. The ADU as proposed contains 625 square feet of net livable area and 650 square feet of floor area according to the City's method for calculating floor area. One parking space will be provided at the rear of the ADU, hidden from the street. 2. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. RESPONSE: The proposed ADU is not attached and therefore this is not applicable. 3. An attached accessory dwelling unit shall utilize alley access to the extent practical. RESPONSE: This standard is not applicable as the proposed ADU is not attached and there is no alley access available to the subject property. A. Development review standards. The review standards for an accessory dwelling unit are as follows: 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; 2 RESPONSE: The proposed ADU is designed to be just what its name indicates, a dwelling unit accessory to the primary residence. The detached ADU will be similar in design and materials to the primary residence, but is of a much smaller, subordinate scale. It is located off to the side and downslope from the main residence. The proposed home and ADU will be compatible in terms of external appearances with the other homes in the area. The Lauders intend to have a caretaker occupy the ADU year round. The density patterns will not be inconsistent with the neighborhood . The primary residence is being built on two, separately developable lots which could be developed with two single family homes, each with an ADU. The overall density of the two lots is therefore being reduced by half, from four units to two units. There are several vacant lots on the same side of the street as the subject property, so the subject will be setting a favorable precedent by developing a very desirable, detached ADU, subordinate in character to the primary residence. In summary, the single family home plus the ADU will not only be compatible with the homes in the neighborhood, but the ADU should also be quite compatible with and subordinate in character to the primary residence. 2. For detached accessory dwelling units, 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 the dimensional requirements. RESPONSE: No variances from the dimensional requirements of the underlying zone district are needed or requested for the proposed detached ADU. 3. The Planning and Zoning Commission and the Historic Preservation Commission may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from Sections 26.520.030(B)(2)(a) through (h) provided that the nonconformity is not increased. RESPONSE: This standard is not applicable as no nonconforming structures exist. 4. Conditional use review shall be granted pursuant to Section 26.425, Standards applicable to all conditional uses. RESPONSE. Conditional use review approval is being requested in this application. The remaining ADU review standards including Section 26.520.020 C regarding bandit units, and Section 26.520.020 D regarding GMQS /replacement housing credits are not applicable to the subject property. The standard found in Section 26.502.020 F simply refers to the Code section regarding the method for calculating the floor area ratio and allowable square footage for accessory dwelling units. 3 CONDITIONAL USE REVIEW Next, this application will address the review standards for conditional use review which are found in Section 26.425.040 of the City of Aspen Land Use Code. Section 26.425.040, Standards Applicable to All Conditional Uses Pursuant to Section 26.425.040, a development application for a conditional use approval shall meet the following standards: (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. RESPONSE: The stated intent of the City of Aspen's R -15 zone district is "'to provide areas for long term residential purposes with customary accessory uses. Lands in the Moderate - Density Residential (R -15) zone district typically consist of additions to the Aspen Townsite and subdivisions on the periphery of the City." ADUs provide long term residential uses as they are limited to rental terms of no less than 6 months. ADUs therefore meets the "long term residential purpose" intended for the R -15 zone district. Also, caretaker units are customary accessory uses on the residential properties in and around Aspen. The proposed ADU is consistent with the following purposes, goals, objectives and standards of the AACP: • "Promote, market and implement Cottage Infill and Accessory Dwelling Unit programs "; • "Develop small scale resident housing which fits the character of the community and is interspersed with free market housing throughout the Aspen Area and up valley of Aspen Village "; • "The public and private sectors together should develop ... employee- occupied accessory dwelling units, to achieve the identified unmet need to sustain a critical mass of residents "; and • A theme found throughout the AACP is to increase resident housing in order to "revitalize the permanent community ". (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. 4 Woo' RESPONSE: The subject parcel is surrounded by residential uses, some of which have associated accessory dwelling units. There are several vacant Tots on the subject's side of Roaring Fork Drive and the development of these lots with single family residences will require an ADU (or cash in lieu of an ADU) to be built on the lots. Therefore, more ADUs should be built in the immediate vicinity. The proposed ADU will be both consistent and compatible with the existing and anticipated residential development in the immediate vicinity and should enhance the mixture of uses and activities in the area. Such a desirable, detached accessory dwelling will be a benefit to the character of the neighborhood. (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. RESPONSE: The size, location and design of the proposed ADU will be visually compatible with the primary residence on the lot. The ADU is intended to be occupied on a year round basis. The caretaker who will reside in the ADU has been caretaking for the Lauders for over seven years and will ensure that the properties are well maintained and operated in order to minimize adverse impacts. Similar to the surrounding properties, the ADU's parking, trash and service deliveries will be accessed from the street in front of the property, Roaring Fork Drive. The parking space for the ADU will be located behind the ADU and will not be visible from the street. No noise, vibration, or odor related impacts are anticipated. The proposed ADU is located in a one story structure containing 625 square feet in a one bedroom plus study, one bath layout. There will be a living room and a full kitchen plus substantial mechanical/storage space, a very desirable feature for an ADU. The 625 square foot unfinished subgrade mechanical/storage area will be accessed from the exterior by an outdoor stairway. Attachment 7 to this application is a letter from Nick Adeh, City Engineer. Nick has reviewed the access driveways for the subject property and written this letter to verify his request that the two driveways be 30 feet apart at the property line in order to maintain a proper distance between the two drives while still acknowledging the most appropriate development of the driveways, given the slope and vegetation constraints of the site. (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. RESPONSE: There are adequate public facilities and services to serve the proposed use as indicated by the adequate provision of services to the other homes in the subdivision. 5 rh. Ssor (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: The proposed development of the conditional use, an ADU, will not generate any new employees. In fact, the applicant will be supplying an ADU which will help meet the housing needs of the community. It is the owners intention to rent the ADU to the caretaker which has been working for the family for over seven years. (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. RESPONSE: The proposed conditional use will comply with all reasonable standards imposed on it by the AACP and by all other applicable requirements of the Code. RESIDENTIAL DESIGN REVIEW The Residential Design Review found in Section 26.58 of the City of Aspen's Land Use Code will be addressed in this section of the application. The applicant's representatives, William Poss and Associates and Davis Horn Incorporated have held several meetings with the Community Development Department in order to verify compliance with floor area requirements and Residential Design Review Standards. Please refer to Attachment #1 to this letter where the standards of the Residential Design Review are addressed. The proposed home and ADU either meet or request a variance from all standards of the Design Review. Sarah Oates and Chris Bendon of the Community Development Department have reviewed the plans of the home and have verified that all standards have been met or will be met if the requested variances are granted. Please refer to Attachment #1. GROWTH MANAGEMENT EXEMPTION The applicant is requesting a growth management exemption pursuant to Section 26.470.070(B) of the Land Use Code. This exemption is for "detached single family or duplex dwelling units" and states: "The following shall be exempt from the growth management scoring and competition procedures: (1) the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26.480.020(E) " (Subdivision - Applicability and Prohibitions) The subject parcel was created in September, 1961 as shown on the Second Aspen Company Subdivision Plat recorded in Ditch Book 2A, Page 263A. According the Section 26,470.070M) (I) Single Family, one of three standards must be met for the exemption to be granted: an ADU must be provided, an affordable housing fee must be paid or a resident occupancy deed restriction must be recorded on the single family dwelling unit being constructed. The applicant is providing the 625 square foot detached ADU proposed in this application and therefore has met this requirement for the growth management exemption. 6 SUMMARY This application has shown compliance with the standards and requirements for Conditional Use and ADU Review in order to obtain approvals for the single family home and ADU proposed for the Lauder property at 870 and 866 Roaring Fork Drive. Residential Design Review approval is requested for both units. The following documents are attached for your information and review: Attachment #1: Residential Design Review - standards and responses to those standards; Attachment #2: Vicinity map of the subject property; Attachment #3: The Lauder ADU - floor plans and elevations (24" x 36 "); Attachment #4: The Lauder Residence Site Plan (24" x 36 "); Attachment #5: The Lauder Residence - floor plans and elevations (24" x 36 "); Attachment #6: Neighborhood block plan and corresponding photos; Attachment #7: Letter from Nick Adeh, City Engineer, regarding subjects driveways; Attachment #8: Authorization letter from the Lauders, owners of the subject property; Attachment #9: Proof of ownership; Attachment #10: Pre - application conference summary sheet; Attachment #11: Fee Agreement between owners and City of Aspen. Attachment #12: List of adjacent property owners within 300 feet for public hearing purposes. Attachment #13: Letter from Mitch Haas of the Community Development Dept. verifying that Stream Margin Review is not required for the subject property. Also, that the elimination of the property line between the two lots is not required for developing the two lots as one. Please call Davis Hom Incorporated at 925 -6587 (Alice Davis)or William Poss and Associates at 925 -4755 (Julie Maple or Kim Weil) if you have any questions or concems. If we have inadvertently neglected to address any item or if you need further clarification or additional information, please feel free to call. Thank you for your help with this application and we look forward to working with you. Sincerely, DAVIS HORN INCORPORATED VI ALICE DAVIS, AICP 7 ATTACHMENT # 1 RESIDENTIAL DESIGN REVIEW STANDARDS This section of the application demonstrates compliance with the Residential Design Review standards found in section 26.410 of the Aspen Land use Regulations (formerly Section 26.58). For both proposed structures, the primary residence and the ADU, the applicant is in compliance with all standards except for one where a design review variance is being requested. Each design standard is not repeated here, but each is addressed on the following pages under the five major headings: Site Design; Building Forms; Parking, Garages and Carports; Building Elements and Context. Several of the design standards are most applicable to the uniform, rectangular lots found in the Aspen Original Townsite and surrounding additions to the Original Townsite; lots similar to those found in the West End and East End of town. The standards are often less applicable to larger lots in subdivisions created in the past sixty years, such as the subject which is located in the Second Aspen Company Subdivision. Julie Maple and Kim Weil of Bill Poss and Associates and Alice Davis of Davis Horn Inc. have had several meetings, together and in some cases individually, with Sarah Thomas, Sarah Oates and Chris Bendon of the Community Development Department to gain their input. Sarah Oates, the new City of Aspen Zoning Enforcement Officer and the staff member to the Design Review Committee, has agreed that the applicant is in compliance with the standards, except that one variance (the "no window zone ") for one window will be required. That variance is requested in this attachment. SITE DESIGN The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent `facade line "and defines the public and semi-public realms. In addition, where fences or dense landscaping exist, or are proposed, it is intended that they be used to define the boundaries of private properties without eliminating the visibility of the house and front yard from the street. Building Orientation The principal mass of the buildings face south toward Roaring Fork Road. The front facade is generally parallel to the Roaring Fork Road. guild to Lines The subject parcel consists of more than 15,000 square feet, and it is not a corner lot so this standard does not apply. Fences There is an existing fence which may be removed during construction if not removed during the City's current road and utility improvements in the subject neighborhood. Even if not removed, the fence is not more than 42 inches tall. BUILDING FORM The intent of these standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing, by promoting accessory units off of the City alleys and by preserving solar access. Secondary Mass The subject's proposed ADU is a completely detached dwelling, detached from the primary residence and not connected by a subordinate element. This is an excellent example of an appropriate use for the required "secondary mass ". PARKING, GARAGES AND CARPORTS The intent of this standards is to minimize potential conflicts between pedestrians and auto traffic through proper parking location or by minimizing the presence of garages where alleys do not exist. No alley or private road exists for access to the subject homes. The subject lot is greater than 15,000 square feet, so this standard applies. The garage is even with the front facade of the primary residence. This is allowed since the garage doors are perpendicular to the street (side - loaded). The driveway cut within the front setback does not exceed two feet in depth, and therefore the subject meets the requirement applicable due to the natural grade change between the street and the garage. The garage entrance is not greater than the 24 feet allowed. The garage doors will be single stall doors. BUILDING ELEMENTS These standards are to ensure that each residential building has street facing architectural details and elements which provide human scale to the facade, enhance the walking experience and reinforce local building traditions. Street oriented entrance and principal window Both the primary residence and the ADU have a street oriented entrance and a street facing principal window. Both meet the requirements for the entry door and covered entry porches. One story element The subject has two one story elements which meets the requirements of this standard, a porch along the front facade and a single story entry canopy. Windows No window zones. Street facing windows are not allowed to span the area where a second floor level would typically exist, which is between 9 and 12 feet above the finished floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. There is a floor area penalty if this is not met. • ,. • The applicant is requesting a variance on the street facing principal window (the south shed Living Room dormer facing the street). If granted, we understand that the floor area penalty will not be applied. Variance to the No window Zone Pursuant to Section 26.222.020, as follows: 1) Yields greater compliance with the goals of the Aspen Area Community Plan: The window variance does not specifically enhance any of the goals of the Aspen Area Community Plan. It should be noted however, that per the 98/99 AACP. Update, `Housing Goals'; this project is building a detached ADU instead of paying cash -in lieu. Also, per 'Design Quality "the Primary Residence and ADU represent an increase in the quality of design and construction of neighboring structures. 2) More effectively address the issue a given standard or provision: The shed window for which the variance is requested, more effectively addresses Item D, of the Residential Design Standards in its requirement for a street oriented principal window from a Living, Dining or Family Room space. With the inherent massing and character of the designed residence it is necessary to accentuate the window within the facade of the structure for it to be distinguished as an element of importance. If the window did not break the roof plane and plate height it would not distinguish itself as a separate element on the facade. In the historical reference of the east lake window illustrated in the Design Standards as a principal window, the window is made prominent by its scale and proportion in contrast to other windows on the facade. 3) Necessary for reasons of fairness related to unusual site specific constraints: Because the Residential Design Standards have been fashioned for neighborhood characteristics inherent in the urban texture of the west end neighborhoods, it is unfair to impose these design standards in the strictest sense to this project. This Roaring Fork Road neighborhood differs in character dramatically from the gridded urban street pattern predominant throughout the West End. The curving form of Roaring Fork Road, sloped topography at the river bank and non - orthogonal Lot configurations make it uniquely rural. The Victorian scale of massing elements, small individual window openings, and roof slopes represented in the graphic illustrations of 26.410 Residential Design Standards are not consistent with the context of this neighborhood. Its context is in fact much more closely related to the vernacular established in the county residences on the opposite bank of the river at the same elevation. The visual features of these residences include roof slopes in excess of 12/12. Log and timber detailing with regional stone. Windows are predominantly large expanses of glass framing the views instead of small individual openings. Non - orthogonal windows /lightwells. No non - orthogonal window are found in the subject structures. No areaways, lightwells and/or stairwells are not located on the street facing facade, so this standard does not apply. CONTEXT These standards are to reinforce the unique character of Aspen and the region by drawing upon Aspen's vernacular architecture and neighborhood characteristics in designing new structures. Materials The quality of the exterior materials and details and their application are consistent on all sides of the proposed buildings. Materials are used in ways that are true to their characteristics. No highly reflective materials have been used for exterior materials. Inflection The one story ADU meets the inflection requirement. There is an adjacent, flat roofed, one story home to the east and the ADU has a complementary one story design. The adjacent home is beige with white trim and is photos is found in the in the neighborhood block plan photos in attachment #6 to this application. SUMMARY This attachment has shown compliance with all the residential design standards except one. A variance requested to the "no window zone" in a effort to accentuate the required street facing primary window would give it the prominence intended by the Design Standards. The Aspen Area Community Plan Update supports an awareness of "contextual appropriateness " - encouraging expressions of Aspen's diverse context over and above its Victorian History alone. The project needs to be considered in its entirety: meeting or exceeding the all standards but one, that the variance is requested in order to strengthen a required element in its design, it provides a detached home for the caretakers, and it fulfills the communities desire to improve the quality of the design and construction in all its neighborhoods. Sarah Oates of the Community Development Department has reviewed the applicant's proposal for zoning issues and compliance with the above Residential Design Review Standards. Sarah has agreed that the project is in compliance, if the one "no window zone" variance is granted. T ^r PROJECT DESCRIPTION: Single Family Home New Construction November 2, 1999 Revised ADDRESS: Roaring Fork Road, Aspen Lots 6 & 7 ZONING CODE ANALYSIS Zone District: R - 15 Minimum Lot Size: 15,000 Required Open Space No Requirement -- Min. Front Yard setback 25 ft. Min. East Side Yard Setback 10 ft. Min. West Side Yard Setback 10 ft. Min. Rear Yard Setback 10 ft. Maximum Height 25 ft. Off - street Parking 2 /dwelling AREA CALCULATIONS - LOT 6 and 7 1. Gross Lot Area 65,027 SF 2. Less Area Underwater (5,884 SF) 3. Less Drive Access Easement (1.773 SF) 4. Lot Area Available for Floor Area Calculation 57,370 SF 5. Maximum Floor Area 6,747 SF 6. Minimum Floor Area (75% of max) 5,060 SF Analysis by Slope Reduction 7. Lot Area Available for Floor Area Calculation 65,027 SF 8. Less slopes over 30 % (20,967 SF) (21,351 SF less 384 SF in Drive Access) 9. Less 1/2 slopes btwn. 20 & 30% (4,215 SF) (4,472 SF less 258 SF in Drive Access) 10. Less Area Under Water (5,884 SF) 11. Less Drive Access Easement (1,884 SF) 12. Lot Area Available for Floor Area Calculation 32,077 SF 13. Floor Area Based on Slope Reduction 5,525 SF Total Allowable Floor Area (Larger of lines 6 & 13) 5,525 SF Page 2 Zoning Code Analysis November 2, 1999 Revised Floor Area (F.A.R.) Code Actual Main Level -- 2308 SF Upper Level -- 1965 SF Basement Level -- 1250 SF (5,281 SF Gross 22% Exposed Wall Area) Sub -Grade Level -- 52 SF Detached ADU -- 650 SF Less ADU Bonus (50% of 700 SF Net Livable) ( -350 SF) Less Garage Bonus 250 SF + (50% of 250 SF) ( -375 SF) Total F.A.R. 5,525 SF 5,500 SF Deck Area (15 % of 5,525 SF F.A.R.) 828 SF 828 SF Pail U i z O F 0 Q . d U 11 c a N li: I0 5}.1 �� a % oa in N 11 11 Ilt3.4). � ' — m ■ I o I �g , // ogee, � 1 ixn j , t4 I 0 ci - /// math 4 IL b , I � % ? i / it ' r ,, % / 1 1 / I 1 r � 0 ,G . -, Di li / /.si ,, . , �_ _ ..1 ' Z 0 „L/I b-AC r A 0 A li d CA 1 0_ r-r - - -r O - - -a _ _ —;I r f V O _� r- n ~ _1 � 1- n I � W MIN III MI -- t W w A J .1 Ik m < w' N i ivi frin 0 0 • u In u =.. o gr N z O s 8 0 .,„ d u: N e o po a� p O A ca II 0 rr 11 V1 0. ; 11 N '' 4' ID Q .1 2 2 2 z zi Li _71 O owl cher 0 ❑ Fr, / ii .. , iiiii i = -Kro ii Gen % / / ' % % r $r Z 1 Ira / le l j /� in J — 1 ■ rit 1 , r ISA ri i t . je - � �/ 1 1 '- 4 � L Jl r 1, n ID 44 w A � 0 0 C to 0 �.. 0 z 4 [ � A O ii !4 8 - - -+ i ..b -,n - 0 t o - - - I� 0 - r- V z t N �a wi• T a ii , o e I t n mN ti.) s _ r 0 a, it 0 0 • / CL ¢ • ., 4 w 0 Z 9 d .•••°° . )1S\ %. / Ir CC U \ 4 — CO W c) (0 ft W Z i Vf p F_ ZJ3 d O a Z co LL <f 9 'it 1, v,0 ( a r 3 �0 e/ ,O' �1 M JA `)' 4 1 f 4 b, 2 • \il WN b V. .{ b � •J • l o� Z a +a. 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'VP \ \ \ \\ kN\ \ \ \ Is, \ \ \ A \ \ . \ \ - VA\ \ ,„ 4 . ■....,. ••■•-,,_...__ 144 411fr \ . \ \\\ \ \ \ r■3 : Il k 0 1 N , '‘■ ,:3 N A / / 4# _ , - e s s 4 , e 1 t 7 \ 7 • I 1 *# (kV 16 , / „ 4 , / Ton ,/ . \ ...,, , • \ \ , z • ''''- , / . e ,;-, • .4- / \ AZ./ • • . • ‘', 1p_ Imp, -.47. '44rt/ 6 4 ' e 4- '0* N d 11 Mk,kt ° 4 / 1 \ '' \ ----°-°---I---°--- \ \ s, MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Nick Lelack, Planner RE: Second Aspen Company Subdivision Insubstantial Amendment, Lot 7 DATE: December 6, 1999 SUMMARY: On behalf of Laura and Gary Lauder, Alice Davis of Davis Horn, Inc., has applied for an amendment to the development order for the Second Aspen Company Subdivision. The lot in question (Lot 7) is located at 870 Roaring Fork Road. The request is to move the access easement located on Lot 7 to Lot 7A, approximately 20 feet to the west on Lot 7. Moving the access easement will allow the owners to better accommodate the slope constraints, minimize the disturbance to existing vegetation, and accommodate the construction of a new detached accessory dwelling unit on Lot 7. The realigned access will be along the shared driveway to the principal residence to the west (Lot 6) and the detached accessory dwelling unit to the east (Lot 7); it will then continue to the north to provide access to Lot 7A. Community Development staff recommends approval of the requested Insubstantial Amendment to the Second Aspen Company Subdivision, with one condition. OWNER: Laura and Gary Lauder APPLICANT: Alice Davis, Davis Horn, Inc. LOCATION: Lot 7 of the Second Aspen Company Subdivision 870 Roaring Fork Road ZONING: R -15 BACKGROUND: This application was submitted in conjunction with requests for a variance from the Residential Design Standards, a subdivision variance to reduce the width of the emergency access easement from 20 feet to 16 feet, and a detached accessory dwelling unit. On November 16, 1999, the Planning and Zoning Commission approved the Residential Design Standards variance and subdivision variance. The Community Development Department is also in the process of reviewing the request for a detached accessory dwelling unit. 1 REVIEW CRITERIA & STAFF FINDINGS 1. Section 26.480.080(A), Amendment to Subdivision Development Order In order for this proposal to qualify as an Insubstantial Amendment, the request must comply with Section 26.480.080(A), Amendment to Subdivision Development Order, which reads as follows: A. Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the Community Development Director finds has no effect on the conditions and representations limiting the approved plat. Staff Finding The Community Development Director finds that the proposal qualifies as an Insubstantial Amendment because it is limited to engineering considerations. Staff also believes that moving the emergency access easement on Lot 7 does not effect the conditions and representations limiting the approved plat. The Community Development Director supports the request to move the emergency access easement because the new location will allow for the development of a high quality detached accessory dwelling unit, the preservation of the existing vegetation, and will better accommodate the site's slope constraints. In addition, it will provide shared access for three (3) dwelling units: the principal residence located on Lot 6, the accessory dwelling unit located on Lot 7, and a future principal residence on Lot 7A. RECOMMENDATION: Staff recommends approval of the Second Aspen Company Subdivision Insubstantial Amendment with the following condition: 1. The applicant shall record an amended Final Plat for the Second Aspen Company Subdivision Lot 7 and Lot 7A prior to applying for building permits for the primary residence on Lot 6 or the accessory dwelling unit on Lot 7. EXHIBITS: Exhibit A — Application Packet , 1ppj Exhibit B — Engineering and Fire Marshall approval letters 1'7 . APPROVED BY: DATE: M4040, ryG _mot G _ 2..-G - . 7 / /y ���' � '`�� J Ann Woods ',mmunity Development Director 2 µt8 -- Davis Horn- PLANNING & REAL ESTATE CONSULTING September 9, 1999 Chris Bendon Aspen Pitkin County Community Dvelopment Department 130 South Galena Street Aspen, CO. 81611 RE: Insubstantial Amendment to the Second Aspen Company Subdivision Replat of Lot 7 and 7A Dear Chris: Please consider this an amendment to the land use application for the Lauder property requesting Conditional Use, ADU, Residential Design Review and a Growth Management Exemption for a single family residence. We understand that this request can proceed simultaneously with the original application and that the applicants will be required to have this approved as a condition of their building permit on the subject property, Lots 6 and 7 of the Second Aspen Company Subdivision. Attached is a copy of the replat of Lots 7 and 7A of the Second Aspen Company Subdivision recorded in 1994. The applicants are requesting approval for an unsubstantial amendment to this plat pursuant to Section 26.480.080 (A) of the City's Land Use Code which states: (A) Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not be anticipated during the approval process, or any other minor change to a plat which the Community Development director finds has no effect on the conditions and representations limiting the approved final plat." The applicant's proposed amendment is to move the access easement designated on the plat to the west a few feet in order to better accommodate the slope constraints of the site and to minimize the disturbance to vegetation on the property. The existing easement is on the eastern section of the property and provides access across Lot 7, to Lot 7A to the north. The applicant is developing one house on two Tots (Lots 6 and 7) and is providing a 625 square foot ADU. Two driveways will access the two structures, again to minimize disturbance to existing vegetation as one driveway would require substantial retaining walls, cut and fill to accommodate the slopes on the site. ALICE DAVIS, AICP I GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180 The realigned access easement will be along the driveway to the principal residence and will continue on to the north to provide access to Lot 7A. The different sections of the easement will be moved from two to 25 feet, less toward Roaring Fork Road and more as you proceed up the driveway toward Lot 7A. When the plat was recorded, ADUs were not required. In order to provide the desirable, detached ADU proposed by the applicant, the realignment of the easement is necessary to avoid a lot of unnecessary cut and fill activities and retaining walls. The disturbance to the sagebrush and other native vegetation on the property will be minimized with the change when compared with the original easement. The proposed amendment involves only Lots 7 and 7A and has no impact on the remainder of the subdivision. The Lauders own both lots 7 and 7A, so only the applicant is affected by this minor change. Therefore the amendment has no effect on the conditions and representations limiting the approved final plat. We understand that this approval may be handled as a staff level review by the Community Development Director if she agrees this amendment has no effect on the conditions and representations limiting the approved final plat. Please let us know if this is the case. Thank you for your consideration of this request. Please call if you need anything further. Sincerely, DAVIS / HORN INCORPORATED ALICE DAVIS, AICP Attachment: Amendment to Replat of Lots 7 and 7A, Second Aspen Company Subdivision 4 , BERMUDA PROPERTIES, INC. 767 5' Avenue New York, NY 10153 (212) 572 -4206 December 2, 1999 Eddie Van Walraven, Fire Marshall Aspen Fire District 420 East Hopkins Avenue Aspen, CO 81611 RE: Lot 7A, Second Aspen Company Subdivision, Pitkin County, Colorado, according to the Amended Replat thereof Dear Mr. Van Wahaven: The undersigned, as owner of Lot 7A, Second Aspen Company Subdivision, hereby commits for itself and its successors -in- interest to the said property, that upon the development thereof the following shall apply: 1. A 50 foot driving turning radius shall be provided for fire equipment servicing Lot 7A. 2. The fire sprinkler system in any development on Lot 7A shall be upgraded to a 13R system. We understand that the purpose for the requested items on Lot 7A is because of the reduction of the size of the access easement through Lot 7 to service Lot 7A to 16 feet. Very truly yours, BERMUDA PROPERTIES, INC. B 2--a jT cG // 95 o e- Title DRAFT MEMORANDUM To: Chris Bendon, Planner From: Chuck Roth, Project Engineer Date: November 2, 1999 Re: Lauder Conditional Use for an Accessory Dwelling Unit The Development Review Committee has reviewed the above referenced application at their October 6, 1999 meeting, and we have the following comments: General — (1) These comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to halt complaints related to approvals tied to "issuance of building permit " (2) If there are any encroachments into the public right -of -way, the encroachment must either be removed or be subject to current encroachment license requirements. 1. Improvement Survey — The improvement survey submitted with the application is deficient in several aspects. The building permit application needs to include an updated improvement survey that is wet sealed and signed, that reflects full monumentation of both lots, and that states "all easements of record as indicated on title policy number , dated , are shown hereon." 2. Site Drainage - The existing City storm drainage infrastructure system does not have additional capacity to convey increased 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, prior to the building permit application, 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, must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the 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. The drainage plan must contain a statement specifying the routine maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within utility easements. The 1 foundation drainage system should be separate from storm drainage, must be detained and routed on site, and must be shown on drainage plans prior to building permit drawings. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm. Drainage from the driveway is of special concern. 3. Sidewalk, Curb and Gutter - The development plans need to indicate a five foot wide pedestrian usable space with a five foot buffer for snow storage, where feasible, along Roaring Fork Road. The applicant needs to sign a sidewalk, curb and gutter construction agreement, and pay recording fees, prior to issuance of a building permit. 4. Revised Access Easement — The revised access easement needs to be documented by an amended Replat of Lots 7 & 7 -A, Second Aspen Company Subdivision, or by a recorded easement. 5. Fire Marshal — The approvals of the fire marshal in the letter dated September 17, 1999, need to be documented in the P & Z Resolution or by plat notes on an amended plat. 6. Aspen Consolidated Sanitation District — The applicant should be required to install utility stub outs to Lot 7 -A at the time of development of Lot 7 in order to prevent further damage to the recently repaved Roaring Fork Road. 7. 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: Karma Borgquist, Ed Van Walraven, Joyce Ohlson, Chris Bendon, Stephen Kanipe, Tom Bracewell, Chuck Roth 99M161 2 MEMORANDUM TO: Nick Lelack, Planner FROM : Sarah Oates, City Zoning Officer RE: Lauder Residence Conditional Use for an ADU N (, ` DATE: October 27, 1999 Lots 6 and 7, Second Aspen Company Subdivision, create a 65,027 square foot parcel located in the R -15 zone district. The following dimensional requirements apply to this parcel: Front yard setback 25 feet Side yard setback 10 feet Rear yard setback 10 feet Site Coverage No requirement Open Space No requirement Height 25 feet A large portion of the parcel contains slope in excess of 20 -30% requiring that slope reduction be applied when calculating the permitted floor area. Per a certified slope analysis survey, as well as exclusions for an easement and portions of the property under water, the lot square footage from which floor area is calculated is 32,077 square feet, allowing for 5,525 square feet of floor area. In the current proposed plans, dated October 20, 1999, there is a miscalculation that grants a floor area bonus of 350 square feet for the ADU. The Zoning Officer has traditionally interpreted the "size of the accessory dwelling unit" as described Section 26.575.020(A)(6) as being the actual net livable space rather than the square footage counted towards floor area. Per the submitted plans, the net livable square footage of the ADU is approximately 540 square feet which allows for a 270 square foot bonus. This miscalculation brings the total proposed floor area for the parcel to 5575 square feet of floor area, exceeding the allowable floor area for the property by 50 square feet. N ESTEE LAUDER CO ATTN JA Mine? I Twn? I Blk /L Legal n DeSCt'Iption S A "1 Accoun — R005682 BERMUDA PROPERTIES INC ��- Year District LYONS SUB:SECOND ASPEN COMPANY LOT:5 - 1999 001 767 FIFTH AVE LOT:7 DESC: AND 7 -A Apr Dist St NEW YORK NY 10153 A Parcel Number MH Space Sequence 273512104006 Stet N o� Rir No# Street Name ti Type � ' 4 ` ° r, s i ., SF ROARING FORK �� RD "t om ve rsion s m : s " ° " t tf " � I c � 'gym # ,: , "4t 1 t'''....-1,___ '4c :l �.�' f `gt Location C � w 7 Location Zip Acct Type Lagt e mss > a*n !tea w 7 if-. r. � 'Te�a ASPEN . - 6 1611 „. x0000 a se + BACode Owner Id (Owner Location Map No „ -sr —. s 1 { e : I ii r.�e rs ' e + Business Name Name Tax Items E protest IT) Eli C AMA (A) r . # ,_,� Situs E Pre / Suc Mobile Aut J Personal (PI El _ Mobile [ Remarks Value E Oil and Gas G' Tract Tax Sale Current Year Prior Version Go To Imaging Condo ❑ Spec A ❑ Railroads Prior Year N Clerk's Prior Version Doc's Abatement fl Block fl Mines .J Control Next Year Property Card ❑ Sales ® Siblin J His Flags Update Clear Exit mac (M) ❑ CITY OF ASPEN Attachment #10 PRE- APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 9.13.99 PROJECT: Lots 6 & 7 Second Aspen Company REPRESENTATIVE: Alice Davis & Bill Poss Architecture OWNER: Lauder DESCRIPTION: Conditional Use for an ADU. One Step. GQMS. Possible DRAC variance for Windows on front facade. Insubstantial plat amendments to relocate emergency access easement. Land Use Code Section(s) 26.425 Conditional Use Criteria (Attached) 26.520 Accessory Dwelling Units (Attached) 26.410 Residential Design Standards (Attached) 26.480.080 Subdivision amendments Review by: Staff for completeness; DRC for technical review, P &Z for conditional use. Public Hearing: Yes (P &Z), 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 Department Planning Fees: Planning, Minor deposit($460) Referral Fees: Engineering, Minor ($160); Housing Minor ($160) Total Deposit: $780 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. Additional 5 copies are needed if pursuing separate hearing for DRAC. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 2 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.) r 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. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 11. 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: 1. The net livable square footage requirements for ADU's considers habitable areas. The basement area for the ADU intended for storage, mechanical, and laundry facilities and to be accessed separately will not count towards this net livable area if not designed to be habitable. The basement space shall count towards the Floor Area for the property. 2. Detached ADU's are counted towards the Maximum Floor Area at 50% with a maximum exclusion of 350 square feet. Detached ADU's must have a building footprint of no more than 625 Square feet (measured to outside of building) pursuant to Ordinance 26, 1999. 3. DRAC applications may be heard in conjunction with a conditional use at P &Z or separately at a DRAC hearing. Please submit an additional 5 copies of the application if pursuing DRAC at a separate hearing. 4. The Applicant should supply stream margin non - applicability letter with application. 5. The re- located easement for emergency access needs to meet the requirements of the Fire Marshall. The applicant is encouraged to discuss the new alignment with the Fire Department prior to application. Final resolution on the easement does not have to be resolved prior to the Commission's consideration of the ADU application but may affect the location of the ADU. A revised plat will need to be recorded prior to building permit application. 6. The P &Z passed a Resolution recommending City Council require occupancy for ADU's used for GMQS exemptions. Their recommendation did not create a pending Ordinance. This requirement will not be effective until finally adopted by City Council or until determined to be a pending Ordinance by City Council. First reading, and City Council's first opportunity to create a pending Ordinance, is October 12, 1999. This land use application shall be reviewed pursuant to the Ordinances in effect on the application date. £0'3DHd 60:0? 66. ST as • .•• Attachment #11 ASPEN/PITIQN COMMUNITY DEVELOPMENT DEPARTMENT Agreement far Payment of City of 4cpen development Application Feel 131--knia-D4 PKo e fT CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. • PPLICANT has submitted P. CITY an application for ��. Alf J tL e' (hereinafter, THE PROTECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the site, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering is full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CTTY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefdre. APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of S /ha- DO which is for — hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees s that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT /�L1�� BERMUDA PROPERTIES, INC. .c /, it0 "—_ /���t_ w ctsNfe By. By -r ' Ann woods �o� 9`I o mmunity Development Director te: 9 Mailing Address: 1(1- Ferri kvc. A l,ic ` y0 -41 &1, i`1 LcA53 o v ema•n.i Z1AHMSWtbb9 HDIA33Z3WA S31d0 Wd2P:4 666T'ST'd3S . _ ATTACHMENT 12 State of Colorado ) ) ss AFFIDAVIT OF JANET RACZAK County of Pitkin ) I, JANET RACZAK, Affiant, being of lawful age and duly sworn upon my oath, do depose and state as follows: 1. On September 7, 1999, I visited the Pitkin County Assessor's Office to review the records of adjacent land owners who were to receive Notice for the Lauder land use application. 2. Based on my research the most current list was provided to Glenn Horn of Davis Horn, Incorporated, representative for the Applicant, for submittal to the Aspen/Pitkin County Community Development Office. 3. I made a good faith effort to obtain an accurate list of the names and addresses of the land owners adjacent to the subject parcel (see Exhibit "A "), property assigned Parcel ID No. 273712104006 located on the maps at the Assessor's Office. 4. The submittal also includes a copy of the mapping obtained from the Assessor's Office (see Exhibit `B "). FURTHER, AFFIANT SAYETHNOT. J t L. Raczak The foregoing instrument was acknowledged and signed before me on September 8, 1999 by Janet L. Raczak. WITNESS my hand and official seal. My commission expires: O2-1 07' a uto ? � .4 IAA1A . IL (SEAL) NOTARY PUBLIC LIST OF OWNERS WITHIN 300 FEET OF SUBJECT Parcel No. 273512104006 Helen Ecclestone Stone JWV Associates One John's Island Road 1825 W. Mockingbird Land Vero Beach FL 32963 Dallas TX 75235 Ray & Rosemarie Lavender Arthur & Audrey Greenberg POB 1129 223 N. Carmelina Ave Aspen CO 81612 Los Angeles CA 90049 Marvin Josephson Elizabeth Grindlay LLLP 33 E 70 Street POB 2154 NY NY 10021 Aspen CO 81612 H.L. Hawkins III Jack & Gesine Crandall 415 Lafayette #100 POB 1066 New Orleans LA 70130 Aspen CO 81612 John & Kathryn Cheek Ecclestone Trust 5001 Clommel Road POB 3267 Nashville TN 37220 West Palm Beach FL 33402 Robert & Betsy Dubofsky Leonard & Evelyn Lauder 5 Harbor Way 2 E. 67t Street Kings Point NY 11024 NY NY 10021 Howard C. Draft, Trustee Gary Lauder & William Lauder c/o Louis R Malikow 767 - 5' Avenue, 40t Floor 14 Corporate Drive NY NY 10153 Clifton Park NY 12065 Gail & James Merriam Daniel & Karen Lee 1884 Mountain View Drive 95 Brentwood Drive Tiburon CA 94920 Glencoe IL 60022 Edward Arthur Goldstein Trust Albert & Susan Kern 416 Comstock Avenue Box 389 Los Angeles CA 90024 Aspen CO 81612 David Koch 247 of Aspen, LLC c/o Koch Industries c/o Levinson 4111 E. 37t Street North POB 2012 Witchita KS 67220 Aspen CO 81612 David Koch Joseph & Elizabeth Musser c/o Koch Industries W 3080 First National Bank Building 332 POB 2256 St. Paul MN 55101 Witchita KS 67201 EXHIBIT "A" - Page 1 Stephen Marcus John & Brenda Duncan POB 1709 5851 San Felipe #850 Aspen CO 81612 Houston TX 77057 Sant Maralyn Viersen Rev. Trust Linda & John Gersh Bridgeport 111 #200 c/o Robert Gersh 6450 South Lewis 802 N. Elm Street Tulsa OK 74136 -1059 Beverly Hills CA 90210 Merle Chambers Phillips Family Trust 4750 S. Dahlia Street 1540 S. Coast Highway #204 Littleton CO 80121 Laguna Beach CA 92651 -3260 Merle Chambers George & Susan Fesus c/o Axem Resources, Inc. 1340 Clay Street 31 P 4750 S. Dahlia Street San Francisco CA 94109 Littleton CO 80121 Willoughby Ponds Wood Duck Realty Corp. c/o Matthew Bucksbaum, Trustee c/o Darryl Dworman POB 1536 65 W. 55 Street #4A Des Moines IA 50306 NY NY 10019 Bruce Halle Walnut Creek Ranch 14631 N. Scottsdale Road 4520 Main Street #1050 Scottsdale AZ 85254 -2701 Kansas City MO 64111 -1816 Terry & Roberta Turkat Selim Zilkha Trust 130 N. Beverly Glen 750 Lausanne Road Los Angeles CA 90024 Los Angeles CA 90077 Anne Farish Golda & Sheldon Friedstein 2200 Willowick 16E POB 7917 Houston TX 77027 Aspen CO 81612 Jeffrey Hale Johnston Music Associates of Aspen 1751 W. Citracado Parkway 2 Music School Road Escondido CA 92029 Aspen CO 81611 Paul Starodoj & Robert Starodoj Aspen Institute Inc. POB 1121 1000 N. 3' Street Aspen CO 81612 Aspen CO 81611 Walter Paepcke Life Ins. 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MAIN •ASPEN, CO 11011 • TEL.: 870 925 4756 • PAX: 070 920 2850 DATE • September 29, 1999 PROJECT • Aspen Residence for Laura and Gary Lauder BPA Job # 9836.00 TO • Community Development Attn: Chris Bendon, Planner FROM • Julie Maple NO. OF PAGES ■ 3 pages VIA: Fax IF YOU DO NOT RECEIVE ALL PAGES, CALL IMMEDIATELY. DESCRIPTION • 9/17/99 - Conceptual Engineering Approval, 2n Aspen Co. Subdivision. COMMENTS • For your record. Nick was out of the office and I couldn't get his signature before I submitted our application. Please find the signed copy attached. Our surveyor is working on the new plat drawing for the revised Access Easement. 1 will get you 20 copies to replace the temporary plat drawing included in our application. Please let me know If we have included all the required information in the application and when we can get scheduled for P & Z. MPrOcts■ProLl Damn oc LeueaACenmpeneeneeermarnetalwp6 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Nick Lelack, Planner RE: Second Aspen Subdivision Lots 6 & 7, Conditional Use ADU, Residential Design Standards, Special Review for Subdivision Variance - Public Hearing DATE: November 16, 1999 SUMMARY: Laura and Gary Lauder, owners, represented by Davis Horn Inc., have applied for Conditional Use approval for a detached Accessory Dwelling Unit, Residential Design Review for a single family house and ADU, and Subdivision Variance to reduce the fire lane and emergency access easement from 20' to 16'. The single family house and ADU are to be located on lots 6 and 7 in the Second Aspen Company Subdivision; the Lauder's also own lot 7A. An ADU will provide for an exemption from GMQS. The lots are currently vacant, and zoned Medium Density Residential (R -15). Staff has two concerns regarding this application. Access to the ADU is the first concern. The applicant has proposed a separate access for the ADU, and the parking will be located on the side of the structure and be visible from the street (the application states that the parking will be behind the ADU and not visible from the street). The Aspen Consolidated Sanitation District (ACSD) commented that the © proposed access road encroaches on the District's 20' sanitation easement and would violate its rules by placing a road over an entry hatch for a siphon line. The access G 4G j • road needs to be moved or the siphon line relocated at the owner's expense. e c t l` G Staff believes that the separate ADU access be eliminated and the single family residence and ADU share one access. This recommendation would allow the siphon line to remain in its current location, provide access to the back of the ADU for parking not visible from the street, and minimize curb cuts. Staff's second concern relates to the design of the single family house. The applicant �� is requesting a variance from the Residential Design Standards to install a window betwee Staff does not believe a hardship exists to warrant a variance for placing a window between 9' and 12' feet on the structure. This is a vacant lot and the house cos can be designed to meet th City's residential design guidelines. this standard requires that there be no windows ( facade penetrations /fenestration) in any areas that lie 5 � 1 between nine (9) and twelve (12) feet above the finished floor height of the particular room. ADU The detached ADU includes approximately 625 square feet of net livable space. The plans include one bedroom plus a study, one bath, and generous kitchen and living area. Beneath the ADU is a storage /mechanical basement, as well as an additional sub -grade floor. The applicant has proposed a separate access for the ADU, and the parking will be located on the side of the ADU and be visible from the street (the application states that the parking will be behind the ADU). However, according to the Aspen Consolidated Sanitation District (ACSD), the proposed access road encroaches on the District's 20' sanitation easement and would violate the District's rules by placing a road over an entry hatch for a siphon line. The access road needs to be moved or the siphon line relocated at the owner's expense. Staff believes the single family residence and ADU should share one access, the parking should be located behind the ADU, and the siphon line to remain in its current location. Other than the access issue, this ADU meets or exceeds all development standards and has been reviewed and recommended for approval by the appropriate referral agencies. Residential Design Review Pursuant to Chapter 26.58, Residential Design Standards, Section 26.58.020(B), of the Aspen Municipal Code, "an applicant shall prepare an application for review and approval by staff In order to proceed with additional land use reviews or obtain a Development Order, staff shall find the submitted development application consistent with the Residential Design Guidelines." This Section further states that "if an application is found to be inconsistent with any item of the Residential Design Guidelines the applicant may either amend the application or appeal staff's findings to the Design Review Appeal Board [DRAC] pursuant to Chapter 26.22, Design Review Appeal Board." Community Development Department staff reviewed the development plans for a single - family residence and ADU on the subject property for compliance with the "Residential Design Standards," (see Exhibit A). In staff's review, it was determined that the proposed designs violate the "Volume" standard. Thus, the applicant is requesting a variance from this standard (which is described below) in order to allow for approval of the architectural designs as proposed. The proposed design is provided in the attached Exhibit A, where Sheet A -3.1 highlights the noncompliance windows. Pursuant to Section 26.22.010 of the code, an appeal for exemption from the Residential Design Standards may be granted if the exemption would: (1) yield greater compliance with the Aspen Area Community Plan; (2) more effectively 2 address the issue or problem a given standard or provision responds to; or, (3) be clearly necessary for reasons of fairness related to unusual site specific constraints. Staff does not believe the exemption achieves any of these criteria. Subdivision Variance Pursuant to Section 26.580.020(f), Engineering Design Standards, all subdivisions are required to have fire lane and emergency access easements twenty (20) feet in width where required by the fire marshal. The fire marshal required this easement in the Second Aspen Company Subdivision approval. The applicant is requesting a subdivision variance to reduce this easement from 20' to 16' to allow for the detached ADU. City Engineer Nick Adeh has approved the conceptual site plan showing the easement reduction. Aspen Fire Marshal Ed Van Walraven signed a letter supporting the reduction in exchange for a legally binding agreement from the owner of lot 7A (the Lauder family) to provide a 50 feet turning radius into the building site, a full fire truck turn-a -round at the future residence, and upgrade the required 13D fire sprinkler system to a 13R system. Staff is recommending approval of a variance from the Volume provision of the Residential Design Standards for a proposed window on the south elevation and a set of windows on the east elevation based on a finding that the proposed design more effectively addresses the issue or problem the given standard or provision responds to. APPLICANT: Galambos Architects, Inc. (John Galambos) LOCATION: The site in question is located at 1365 Mayflower Court. Mayflower Court intersects with the north side of Highway 82 east of downtown, between Riverside Drive and Crystal Lake Road. The property is zoned R- 15 /PUD. STAFF COMMENTS: Section 26.58.040(F)(12), Volume The proposed design contains two violations of the "Volume" standard: one on its south elevation, and one set of two windows on its east elevation (please refer to Exhibit A, Sheet A -3.1). The "volume" standard reads as follows: For the purpose of calculating floor area ratio and allowable floor area for a building or portion thereof whose principal use is residential, a determination shall be made as to its interior plate heights. All areas with an exterior expression of a plate height of greater than ten (10) feet, shall be counted as two (2) square feet for each one (1) square foot offloor area. Exterior expression shall be defined as facade penetrations between nine (9) and twelve (12) feet above the level of the finished floor, and circular, semi- circular or non - orthogonal fenestration between nine (9) and fifteen (15) feet above the level of the finished floor. 3 bi and associates L E T T E R O F T R A N S M I T A L ARCHITECTURE AND PLANNING, P C. - 605 E. MAIN -ASPEN. CO 81611 • TEL 970 925 4755 neW 295.0 • DATE • November 2, 1999 NUV 2 1999 PROJECT • Aspen Residence for Laura and Gary Lauder BPA Jotl` ' . 0B - - TO • City of Aspen Community Development Attn: Nick Lelack/ Sarah Oats FROM • Julie Maple NO. OF PAGES • VIA: Hand Deliver IF YOU DO NOT RECEIVE ALL PAGES, CALL IMMEDIATEL DESCRIPTION • (11/2/99) - Revised Zoning Analysis (11/2/99) - ADU F.A.R. diagram Revised. (11/2/99) - ADU Net Livable area diagram. COMMENTS • Per your 10/27/99 Memo, we have revised the plans for the ADU. In order to improve the space for the tenant, we moved the office to the Basement, maintaining the same F.A.R. but increasing the Net Livable to the 700 SF max allowed. As discussed, if this revision is acceptable we would like a written letter with the Staff planning report indicating that our Schematic plans have been reviewed for compliance with the current Land Use and Zoning code and the calculations for F.A.R. and height are consistent with these regulations. cc: Davis /Horn X \ Projects \Prof_ 1998\ 9836. 09 _Lauder\ Correspondence \transmittal wpd • • Arrr 1 3 • P F ED • APR 2 6 1999 • OIL! POSS AND ASSOCIATES • Kaufrnan & Peterson, P.C. r, ^•1 Zt or • c/o Gideon Kaufman ASPEN • PrrK 4 315 East Hyman Avenue, Suite 305 Coen xm DEVELOPMENT DEPARTMENT • Aspen, CO 81611 April 22, 1999 RE: Lauder Property (Lots 6 and 7, Second Aspen Company Subdivision); . Verification that Stream Margin Review is Not Applicable. Dear Gideon: This letter is in response to your written inquiry dated April 22, 1999, regarding the applicability of the City's Stream Margin Review to the development of the above - referenced properties. - The Community Development Department has made a finding that, provided all "development" (see. definition of "Development," Aspen Land Use Code Section 26.04.100) is more than one hundred (100) horizontal feet from the high water line and/or the 100 -year flood plain, whichever is greater, of the Roaring Fork River and its tributary streams, Stream Margin review will not be required. • Consequently, the fifteen (15) foot • setback from the top of slope and its associated progressive height limit are also not applicable as these are criteria of and required only through Stream Margin Review. I have also confirmed through discussions with John Worcester and David Hoefer, the City Attorney. and Assistant City Attorney, respectively, that the two contiguous lots under the same ownership (Lots 6 and 7, owned by the Landers) may be developed as one. property without elimination of the adjoining lot line. The outside lot lines would, in such a case, be used to determine the applicable setback requirements. If you should have any questions or if I can in any way be of further help, please do not hesitate to contact me at 920 -5095, or by email at mitchh®ci.aspen.co.us. • Sincerely, . - • , ive gar' • • Mitche Haas, Planner • . : cc: Jolm Worcester, City Attorney Julie Ann Woods, Community Development Director • Alice Davis, Davis -Horn, Inc. , Kim Wiel, Bill Poss and Associates • Julie Maple, Bill Poss and Associates . • - • • 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611 -1975 • PHONE 970.9205090 • FAX 970.9205439 22'30dd T ?TT0262r.., £2:ST 66. £T d3S A ttachment #8 September 6, 1999 • Chris Hendon Aspen Pitkin County Community Development Department 130 South Galena Street Aspen, CO. 81611 RE.: Land Use Application for Second Aspen Company Subdivision Lots 6 and 7 Dear Chris:. This letter authorizes Davis Horn Incorporated and William Poss and Associates to submit a land use application on behalf of Laura and Gary Lauder and the Lauder family as owners of the property legally described as Lots 6 and 7 of the Second Aspen Company Subdivision. Davis Horn Incorporated and William Poss and Associates are also authorized to represent the Lauders in the land use review process. Davis Hom Inc, is located at 215 South Monarch Street, Suite 104 in Aspen, CO. or they can be reached by phone at (970) 925 -6587. William Poss and Associates is located at 605 East Main Street in Aspen and their phone number is (970) 925 -4755, Alice Davis is the contact person for Davis Horn Inc. and Julie Maple or Kim Weil are the contact people for William Poss and Associates. Please call if you need anything further. Sincerely, j // Vice frtside , Ton" KrkpsIces Bermuda Properties Inc. z'd S871'H'0 WtSS:TI 66. ET d3S PROJECT DESCRIPTION: Single Family Home New Construction October 20, 1999 ADDRESS: Roaring Fork Road, Aspen Lots 6 & 7 ZONING CODE ANALYSIS CODE ACTUAL Zone District: R - 15 / Minimum Lot Size: 15,000 Required Open Space No Requirement -- Min. Front Yard setback 25 ft. Min. East Side Yard Setback 10 ft. Min. West Side Yard Setback 10 ft. Min. Rear Yard Setback 10 ft. Maximum Height 25 ft. Off- street Parking 2 /dwelling AREA CALCULATIONS - LOT 6 and 7 1. Gross Lot Area 65,027 SF 2. Less Area Underwater )0(.4 (5,884 SF) ✓ 3. Less Drive Access Easement '(1.773 SF); / 4. Lot Area Available for Floor Area Calculation 57,370 SF 5. Maximum Floor Area 6,747 SF 6. Minimum Floor Area (75% of max) 5,060 SF Analysis by Slope Reduction 7. Lot Area Available for Floor Area Calculation 65,027 SF 8. Less slopes over 30 % (20,967 SF) (21,351 SF less 384 SF in Drive Access) 9. Less 1/2 slopes btwn. 20 & 30% (4,215 SF) (4,472 SF less 258 SF in Drive Access) 10. Less Area Under Water G - (5,884 SF) 11. Less Drive Access Easement : t:L Ss 12. Lot Area Available for Floor Area Calculation - .: - l' ,° 13. Floor Area Based on Slope Reduction 5,525 SF Total Allowable Floor Area (Larger of lines 6 & 13) 5,525 SF Floor Area (F.A.R.) Code Actual Main Level -- 2308 SF Upper Level -- 1965 SF Basement Level -- 1250 SF (5,281 SF Gross 22% Exposed Wall Area) Sub -Grade Level -- 52 SF Detached ADU G9S Less ADU Bonus (50% of 650 SF) 10 ( -325 SF) Less Garage Bonus 250 SF + (50% of 250 SF) ' (_-375 SF) Total F.A.R. 5,525 SF 5,525 SF Deck Area (15 % of 5,525 SF F.A.R.) 828 SF 828 SF -- - -- 0CT-19-99 TUE 01:16 PH HIGH COUNTRY ENGINEERING FAX NO. 970 945 2555 P. 01 ,20 -2 . 3 Ok- \ A ...„..."....:.v., .....„...„, ..X:j? ' ' • ......"" •-4; : ale_ .1-W1-,i Rjer4f,,„„Veyrir.:;itatWr- , . 0. ,.. Jre di.' it "t :': 4 1141st -S - 4 •1 ' • • Z * r /S 44SS '. 1 . 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