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HomeMy WebLinkAboutLand Use Case.918 S Mill St.A071-98 • • • ,, \\� rn E • ,r ,I + ,fi „; \ **a E.,,. \\� m ► f P ;FA cEL(,D 2737-.182-00045 i. DATE RCr�VD: 8/28/98 COPSES 2 - , ENO A071 98 CASE 11tAME 918 S. Mill 8040 Greeline Review PLN .......... .... .:»e 141144169411*1 PROJ A�}©R: 918 S. Mill 'CASE T�Y� 8040 Greeline Review �fiEPS' ` v ... E \ ,E -zx EE O.WN{APP°;Carlos J. Rocha ADR 7033 Sunset Blvd., S PC/,SIZ Los Angeles, CA 90 PHN (213) 465-80 64; '"REP same AGlR '��C1S PH \\\ A4101_� PIN''„' EE E �..m .... ..„...... .... ...�i. \\\�\' 4 p: DUE 450 (d► FEES RCVD 450 STAT EFERRAS: REF !"mss#SY 4 �� 1 f:P: i �l {{ ff ,IEE E : '':��� £y�k,E' x` 4.¢ e:: r� E€ ; v'' E,E EEE�EE3�r,,;' �� EE,E, a\ t� � \ [f / MTCa A E REV BURY PH NOTICED fix\ s Z fi !G)EE,k, EEEm NE3 € EE ' U3 %>{ E C / "x'�fdm�a r Ear` E E E £ € gg ,, E' _y � h Y \ EEC Lm: ,r DA s F FINALAACTION COUNCIL REMARKS' ' r E x� � ra€EE'i vfir qk \\ v�' 8ftt ._ .. CLOSED ES [ E Fi. .. IDRAC \ - ;i<E £x alp _ t" : SU Ii(T} i PLAT(SK,P.G!� v� ADM1N v<a \tea Si .€ i •�•!, %q y EE 3 € mom,_a� l.:,w-Ca.. _..,. x�2#>v iffls Aa .....:. 2e.... ......: v..�,L.� t ....�..a„ . ,a__m�y���� -�e _..xz ..OI� ‘,,,,n e • • • • • /ga F o 1 • MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Christopher Bendon, Planner UOM. RE: Marciano Residence 8040 Greenline Exemption. 918 South Mill Street DATE: October 28, 1998 SUMMARY: Paul Marciano has applied for an administrative exemption from the 8040 Greenline Review to provide a retaining wall along the south side of the property and one at the north west corner of the property. Minor changes to the external architecture for windows and a set of false dormers on the southern roof appear to r be in compliance with the City's Residential Design Standards The retaining wall along the southern property boundary represents a significant grade alteration which staff does not believe is within the intent of the 8040 Greenline Review provisions. Specifically, criteria#5 of the 8040 review standards seeks to minimize the extent of disturbance to the natural terrain. In addition, the cut is more than that allowed within setbacks. .Staff is recommending this amendment not be approved. The retaining wall at the north west corner does not represent a significant change from the original approvals and staff is recommending the Director approve this amendment with the condition that it comply with all zoning and building code provisions that are applicable. Staff recommends the.Community Development Director approve this - exemption for the improvements at the north west corner of the property only. APPLICANT: P. Marciano, owner. Represented by Carlos Rocha. LOCATION: 918 South Mill Street. ZONING:, Lodge Tourist Residential. — — --- -- Post-its Fax Note 7671 Date `I,' pag s∎ 22 To CA From m ant') Co./Dept. Co. 1 Phone# L�/,�! c �Q Phone#OV0 Gtn/l g ,2 Fax#/J J r k 06 a,(93 Fax# �(J W '�V i /� • BACKGROUND: This development was granted approval by Planning and Zoning Resolution 97- 21, attached. The project is currently under construction. STAFF COMMENTS: Because development is proposed within one hundred fifty (150) feet of the 8040 Greenline, the proposal is subject to review under Section 26.68.030 of the Land Use Code. Section 26.68.030(B), Exemption, states that"the expansion, remodeling or reconstruction of an existing development shall be exempt from 8040 Greenline review if the following standards are met: 1. The development does not add more than ten (10)percent to the floor area of the existing structure or increase the amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five (25)percent. Staff Finding: Floor Area is not affected by these changes. However, the southern wall is approximately 12 feet high and does not conform to the City's setback requirements for this zone district. 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said section. Staff Finding: No trees will be affected by this amendment. 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. Staff Finding: The northwestern wall is not expected to affect the erosion and sedimentation conditions of this parcel. RECOMMENDATION: Staff recommends the Director approve the changes to the northwest corner of the property only, with one condition listed below: 1. The retaining wall being added along the northwest portion of the property shall conform to all applicable zoning and building code requirements. 2 4C • • DIRECTOR: I hereby approve this 8040 Greenline Exemption for the addition of a retaining wall at the northwest corner of the property,as described in the submitted drawings, for the Marciano Residence, 918 south Mill Street, with the one condition that the retaining wall being added along the northwest portion of the property shall conform to all applicable zoning and building code requirements. 11 / (--Ita- date /%8 h$ Juli- nn Woods, Community Development Director • 3 • • LAND USE APPLICATION • PROJECT: Name: J1e.1/4/.- (2 G I, e•.t 0 Location: 9 i �. M ILL 5T, (Indicate street address, lot& block number, legal description where appropriate) APPLICANT: Name: d��L� Or�_ J . 1'06 1.4 Address: '1 O33 Sd1J5 EA'f (. 5-P•E 2Z LA ) �- Phone#: f 13 '4 lv S db. C5 CO 1 - q REPRESENTATIVE: Name: ( /'n.ive S bPJQ�� Address: Phone#: TYPE OF APPLICATION: (please check all that apply): Conditional Use ❑ Conceptual PUD 0 Conceptual Historic Devt. • Special Review ❑ Final PUD(&PUD Amendment) 0 Final Historic Development Design Review Appeal ❑ Conceptual SPA 0 Minor Historic Devt. GMQS Allotment ❑ Final SPA(& SPA Amendment) 0 Historic Demolition GMQS Exemption 0 Subdivision 0 Historic Designation ESA- 8040 Greenline, Stream Li Subdivision Exemption(includes ❑ Small Lodge Conversion/ Margin,Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane W � ( ❑ Lot Split ❑ Temporary Use Other: " —_ t FhQ Li Lot Line Adjustment L Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals, etc.) PROPOSAL: (description of proposed buildings,uses, modifications, etc.) . .e 17eS1 sea op So+.rTi4 ,,da(.C, IZC ceN bug- M• l' er7Q-'%& t (*corm., R•e C014 Fi bV/2C wte4r,OVd�, Opp N �V, 4e Q.12 N ¢6T ■ /, [.1.. /o(7 a F.& 'PO e•M - ' Have you attached the following? FEES DUE: $ 16) Pre-Application Conference Summary Attachment#1, Signed Fee Agreement O Response to Attachment#2,Dimensional Requirements Form O Response to Attachment#3, Minimum Submission Contents Response to Attachment#4, Specific Submission Contents Response to Attachment#5, Review Standards for Your Application e RESOLUTION* THE • ASPEN PLANNING AND ZING COMMISSION 7 FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY - --- DWELLING UNIT, 8040 GREENLINE APPROVAL, AND MOUNTAIN VIEW PLANE APPROVAL FOR THE MARCIANO RESIDENCE LOCATED AT 918 SOUTH MILL STREET, CITY OF ASPEN Resolution #97 - o�I WHEREAS, the Community Development Department received an application from Horsehead Incorporated, a Colorado Corporation, owner and applicant, for an 8040 Greenline Review and a Mountain View Plane Review for a duplex of approximately 4,727 square feet, and a Conditional Use Review for an attached Accessory Dwelling Unit of approximately six hundred (600) square feet, on a 6,724 parcel of land in the Lodge/Tourist Residential (L/TR) Zone District located at 918 South Mill Street further described in Exhibit A of this Resolution. WHEREAS,the subject parcel is approximately 138 horizontal feet from elevation 8,040 and, pursuant to Section 26.68.030, development above or within 150 horizontal feet of elevation 8,040 feet, in conformance with the review criteria of said Section, may be approved by the Planning and Zoning Commission; and, WHEREAS, the subject parcel is within the view plane as projected from the second floor of the Wheeler Opera House and, pursuant to Section 26.68.050, development within this view plane, in conformance with the review criteria of said Section, may be approved by the Planning and Zoning Commission; and, WHEREAS, pursuant to Section 26.100.050, a 600 square foot Accessory Dwelling Unit qualifies the development of two free-market units in a duplex on a lot created before November 14, 1977, for an exemption from the Growth Management Quota System; and, WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and, WHEREAS, the Housing Office, Water Department, Fire Marshall, Environmental Health Department, Aspen Consolidated Sanitation District, City Engineering, Parks Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing. at a regular meeting on August 19, 1997, the Planning and Zoning Commission approved by a 4-1 vote the Conditional Use for an Accessory Dwelling Unit,the 8040 Greenline Review, and the Mountain View Plane Review for the Marciano duplex, 918 South Mill Street, with the conditions recommended by the Community Development Department, as amended by the Commission during the public hearing. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for an attached Accessory Dwelling Unit, the 8040 Greenline Review, and the Mountain View Plane Review for the proposed duplex residence at 918 South Mill Street is approved with the following conditions: y_% • • Prior to issuance of a building permit,the applicant shall submit a revised Site Improvement Survey that includes all easements, utility locations, existing and proposed improvements,and describes the caliper and species of all existing trees. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code. 2. Prior to issuance of a building permit. the applicant shall submit appropriate development plans in accordance with all requirements of the L/TR Zone District and Residential Design Standards with the following exception: A duplex of no more than 4,800 square feet of FAR shall be permitted. A 600-700 square foot Accessory Dwelling Unit and associated parking space shall be clearly delineated on the development plans. The ADU deed restriction shall be noted on the development•plans. Appropriate design considerations to prevent snow from shedding onto the entrance to the ADU shall be incorporated. 3. Prior to the issuance of any building permits the owner shall: a) Verify with the Housing Office that the Accessory Dwelling Unit contains between 600 and 700 square feet and clearly meets the definition of an Accessory Dwelling Unit; b) Verify with the Housing Office that 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; c) Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; d) Clearly identify the Accessory Dwelling Unit(ADU) on building permit plans with the minimum one (1) off-street parking space provided. Clearly note on the building permit plans that the applicant has not requested, nor has the Commission granted, an FAR bonus for the ADU. 4. Prior to issuance of a Certificate of Occupancy, the Housing Office and/or the Zoning Officer shall inspect the accessory dwelling unit for compliance with all appropriate standards in Section 26.40.090 of the Code and any conditions of approval. 5. Prior to issuance of a building permit, the applicant shall obtain a permit from the Environmental Health Department for: Any certified woodstoves or gas log fireplaces (coal- & woodburning fireplaces are not allowed); and, for a fugitive dust control plan. Construction must be accomplished in such a way as not to create a nuisance as defined in the Municipal Code. Construction cannot take place between the hours of 6 p.m. and 7:30 a.m., and shall be limited to Mondays through Saturdays, as agreed to by the applicant. The applicant is encouraged to accommodate the concerns of neighbors related to construction schedules. noise, dust, and debris. 6. Prior to issuance of a building permit: The applicant shall complete a water tap permit • for a tap sized for the required fire suppression system and for the domestic use; the Water Department shall inspect plans for a water pressure booster system; and, the Fire Marshall shall inspect plans for a fire suppression system. 7.. Prior to issuance of a building permit, the applicant shall obtain a tap permit from, and pay connection charges to, the Aspen Consolidated Sanitation District. A shared service line agreement must be completed if the proposed development will be connected with a single sanitary line. Sources of clear water may not be directed to the sanitary sewer. Floor drains within the garage structure must incorporate oil and sand separators. 8. Before issuance of a building permit, the applicant shall submit a drainage mitigation plan and a report, both signed and stamped by a Geotechnical Engineer registered in Sa�t , Colorado. This plan must accommodate drainage both during and after construction and must confirm the drywell system can be constructed without causing damage to down gradient properties. If a metered delayed-release system is to be used, a licensed Civil Engineer must complete the design. For the proposed excavation, the applicant shall submit a stabilization plan signed and stamped by an Engineer registered in Colorado. 9. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. The applicant is encouraged, but not required, to dedicate 2 1/2 foot wide sidewalk and pedestrian easement along the entire South Mill Street frontage. 10. Prior to issuance of a building permit, the applicant shall submit GIS data including property lines, building footprints, easements, and encroachments. 11. Prior to issuance of a certificate of occupancy, any utilities and/or easements located contrary to the site improvement survey submitted for the building permit must be delineated on a revised site improvement survey. 12. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Meter locations must be accessible for reading and may not be obstructed. 13. 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. 14. Before issuance of a building permit.the applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. 15. 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. 16. The owner shall connect into any future storm drainage improvements along South Mill Street to the approval of the City Engineer. APPROVED by the Commission at its regular meeting on August 19, 1997. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: .141— \daAtri/c...„, City Attorney Sara Garton,Chair ATTEST: tL taa , ckie Lothian, Deputy City Clerk Ill EXHIBIT A A parcel of land being portions of Lots 3 , 4 and 5 within the Little Chief Lode USMS 3850 , Capitol Hill Addition to the City and Townsite of Aspen and a portion of the Big Chief Lode USMS 4327 all situated in the SW1/4 NW1/4 of Section 19., Township 10 South, Range 34 West of the 6th P .M. , Pitkin County, Colorado described as follows : Beginning at the Northeast corner of Lot 3 , Capitol Hill Addition • thence N 75°09 'W 99 . 18 feet to the Easterly right of way of South Mill Street; thence S 14°55 ' 27" W 67 . 63 feet along the Easterly right of way of South Mill Street to• the intersection of the Northerly line of Lot 3 Aspen Mountain Subdivision; thence S 74°55 ' E 99 . 03 feet along ,the Northerly line of Lot 3 , Aspen Mountain Subdivision; thence N 15°00 ' E 68 . 03 feet along the line of Lot 3 , Aspen Mountain Subdivision and Lot 12 Anthony Acres Subdivision to the point of beginning. • • • • • •