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HomeMy WebLinkAboutLand Use Case.CU.627 W Smuggler St.A55-97 ,-, -l \ o..oaeD : .. r--., ~ RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A VARIANCE FROM SECTION 26.S8.040(F)(12), RESIDENTIAL DESIGN STANDARDS, VOLUME, AND OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE McLEANIMARGERUM RESIDENCE LOCATED AT 627 WEST SMUGGLER STREET, LOT 1, OXLEY LOT SPLIT, CITY OF ASPEN Resolution 97- t2.3 WHEREAS, The Community Development Department received an application from Mr. Chuck McLean and Mrs. Amy Margerum, owners, for a Conditional Use Review for a below-grade Accessory Dwelling Unit having approximately four hundred fifty one (451) square feet; and WHEREAS, the applicants requested approval of a proposed design for a single-family residence on the property located at 627 West Smuggler Street; 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, City Engineering, Parks Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, pursuant to Section 26.58.020(B) of the Aspen Municipal Code, Community Development Department staff also reviewed the applicant's application for compliance with the Residential Design Standards of Section 26.58.040 of the Aspen Municipal Code and found the submitted development application to be inconsistent with the Standard 26.58.040(F)(12), Volume, of the Aspen Municipal Code; and WHEREAS, Section 26.58.020(B)(2) of the Aspen Municipal Code provides that if an application is found by staff to be inconsistent with any item of the Residential Design Guidelines, the applicant may either amend the application or appeal staff s fmdings to the Plarming and Zoning Commission pursuant to Chapter 26.22, Design Review Appeal Board; and WHEREAS all applications for appeal from the Residential Design Standards of Section 26.58.040 must meet one of the following statements in order for the Planning and Zoning Commission 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, a public hearing, which was legally noticed, was held at a regular meeting of the Plarming and Zoning Commission on August 19, 1997, at which the Commission approved by a 5-0 vote both the Conditional Use for the McLean/Margerum Residence's ~ r--., ("'\ Accessory Dwelling Unit with the conditions recommended by the Community Development Department and a variance from standard 26.58.040(F)(12), volume, as it relates to all four elevations of the proposed structure; and WHEREAS, the approval of the variance request was based on a finding that the proposed design more effectively addresses the issue or problem the "volume" standard responds to (variance criterioll "b"), and the motion approving the variance did not allow for those windows indicated on the submitted drawings as dashed lines and labeled as "possible," with the exception of the one transom window on the west elevation. NOW, THEREFORE BE IT RESOLVED by the Commission: Section One: A variance from the "volume" standard, Section 26.58.040(F)(12), as it relates to all four proposed elevations of the McLean/Margerum residence is approved based on a finding by the Commission that the proposed design more effectively addressed the issue or problem that the "volume" standard responds to. The approved variance does not allow for those windows indicated on the submitted drawings as dashed lines and labeled as "possible," with the exception of the one transom window on the west elevation. Section Two: The Conditional Use for a below-grade Accessory Dwelling Unit containing approximately 451 square feet attached to the proposed McLean/Margerum residence at 617 West Smuggler Street is approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b. Verify with the Housing Office that the ADU will contain a kitchen having a mmlmum 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 as a separate one-bedroom unit; e. Provide a minimum of one off-street parking space for the ADU that shall be shown on the final plans; f. Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights-of-way; .!' , ~ .~ ("'\ g. Locate any additional proposed construction in such a way that it does not encroach into an existing utility easement or public right-of-way; h. Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights-of-way; the agreement shall be executed and recorded concurrently upon approval of this application; i. Submit working drawings to verify all height, setback, and floor area calculations, as well as lot size and lot area calculations; j. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)( 4)(f), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado; k. In the event required, a ):Tee removal permit must be obtained from the Parks Department for any trees that are to be removed or relocated; also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage offill material can occur within this/these drip line( s); I. A tap permit must be completed at the office of the Aspen Consolidated Sanitation District; a separate service line and tap will be required for the accessory dwelling unit. Payment of the total connection charges shall be made prior to the issuance of a building permit; and, m. Submit building permit drawings which indicate all utility meter locations; utility me.ter locations must be accessible for reading and may not be obstructed by trash storage. The building permit drawings will have to show the fences that encroach into the alley and Smuggler Street rights-of-way and indicate that they will be either relocated onto private property or be removed, or be licensed. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. Submit as-built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the AspenlPitkin County Data Processing Department in accordance with City GIS requirements, if and when, any exterior renovation or . remodeling of the property occurs that requires a building permit; b. Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval; and, c. The applicant must sign a curb and gutter construction agreement, and pay recording fees (this requirement was a condition of the Oxley Lot Split approval). 3. In the event required, the applicant must receive approval from: . The City Engineer for design of improvements, including landscaping, within public rights-of-way; \. - .~ ~, . The Parks Department for vegetation species, tree removal, and/or public trail disturbances; . The Streets Department for mailboxes and street cuts; and, . The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Plarming and Zoning Commission. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the door and the area in front of the door to the ADU. 6. The existing driveway in the front yard must be removed, and the area must be restored. 7. All material representations made by the applicant in this application and during public meetings with the Plarming and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. APPROVED by the Commission at its regular meeting on August 19, 1997. APPROVED AS TO FORM: David Hoefer, Assistant C Attorney Attest: Planning and Zoning Commission: '~.~ ; /...... ,.-_..'c.al a... . '-........... Sara Garton, Chairperson \ .'" ~ i . t'"""'\ ':IIL'S'" MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: tor ;5(:!: / 79':.,w FROM: Stan Clauson, Community Development Julie Ann Woods, Deputy Director Mitch Haas, City Planne~ McLean/Margerum Residence Conditional Use for an Accessory Dwelling Unit (ADU) - Public Hearing. 627 W. Smuggler Street (Lot I, Oxley Lot Split) City of Aspen Parcel J.D. No. 2735-124-09-002. RE: DATE: August 19,1997 SUMMARY: The applicant is requesting Conditional Use approval to construct an Accessory Dwelling Unit (ADU). The applicant owns a lot at 627 W. Smuggler Street and will be constructing a single family residence. The lot contains an existing single family home which will be demolished and replaced. The proposed ADU would be below grade and attached to the corresponding, primary residence. Pursuant to Section 26.100.050(A)(2)(c), the applicant will provide an ADU and, thereby, obtain a GMQS Exemption enabling the property owner to construct a new single-family home pursuant to City Land Use Regulations. The applicant is NOT seeking an FAR bonus, but understands that the unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units.. As an FAR bonus is not being sought, the housing office shall not have the right to fill the unit if it is left unoccupied for extended periods. The proposed residence (principal residence) contains a few windows that were found by staff to' violate the provisions of the "volume" standard (Section 26.58.040(F)(12), Residential Design Standards). Given the three options of accepting a 2: I floor area penalty for certain areas of the proposed residence, redesigning the proposal to comply with the volume standard, or seeking a variance from the volume standard, the applicant is requesting that the Commission grant a variance from said standard. The applicant's Conditional .Use Application is attached as Exhibit "A" and referral comments are included as Exhibit "B." Community Development staff recommends that the Conditional Use for the Accessory Dwelling Unit (ADO) at 309 W. Hallam be approved, subject to conditions. APPLICANT: Mr. Chuck McLean and Mrs. Amy Margerum, represented by Barbara Long & Associates. LOCATION: Lot I (one) of the Oxley Lot Split is located at 627 W. Smuggler Street in the City of Aspen. The lot is bounded by W. Smuggler Street to the north, W. Francis Street to "' " ~ t'"""'\ the south (beyond the alley), 5th Street to the east, and 6th Street to the west. (See attached vicinity map). The surrounding uses are all residential in nature. ZONING: Medium-Density Residential (R-6) CURRENT LAND USE: Single-family residential. LOT SIZE: The subject site has a lot size of 7,500 square feet (the area of this lot may be subject to reductions such as those associated with slopes of20% or greater). ALLOWABLE FAR: 3,450 square feet. (This FAR calculation is an estimate only, and is based on a 7,500 square foot lot containing no slopes greater than 20%, no right-of-way easements, no vacated rights-of-way, or any other encumbrances which might subtract from the lot area; also, it does not take into account sub-grade areas, garage area calculations, or any potential for,FAR bonuses). PROPOSED LAND USE: One detached single-family residence with an attached accessory dwelling unit in the basement. Detached residential dwellings are permitted uses on lots of 6,000 square feet or greater in the R-6 zone. REVIEW PROCEDURE: Accessory Dwelling Units (ADUs) require conditional use approval by the Planning and Zoning Commission at a public hearing. It is a one-step review. that requires notification to be published, posted and mailed in accordance with Section 26.52.060(E). The following sections of the code are applicable to this conditional use review: Section 26.40.090, Accessory Dwelling Units; Section 26.28.040, Medium-Density Residential (R- 6); Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section 26.58.040, Residential Design Standards. Pursuant to Section 26.58.040, Residential Design Standards, Community Development Department staff reviewed this proposal against the Residential Design Standards and found that the submitted development application, as proposed, would require a variance from the "volume" standard (26.58.040(F)(I2)). BACKGROUND: The lot in question was created in 1993 with City Council's passing of Ordinance 57, Series of 1993. This Ordinance granted a subdivision exemption for a lot split (See Exhibit "C"). The proposed development of lot at 627 W. Smuggler Street(Lot One of the Oxley Lot Split) is consistent with and complies with the conditions of approval outlined in Ordinance No. 57, Series of 1993. The current proposal is for conditional use approval of an ADU. The ADU would be located inthe basement of the primary residence. As proposed, the ADU would be 451 square feet and would have its own kitchen, bathroom, and access, as required by code. The two-car garage, its associated driveway, and an additional parking pad accessed from the alley, will provide the three (3) required off-street parking spaces (See Exhibit "A"). By creating an 2 \ ,r-" ."-'. ADU meeting the provlSlons of the code, the applicant would be granted a GMQS Exemption for the construction of a new single-family home on the lot; provided the home complies with the City Land Use Regulations. REFERRAL COMMENTS: The comments from the Aspen Consolidated Sanitation District, and the City Engineering, Housing, Zoning and Parks Departments are included as Exhibit B. STAFF COMMENTS: Section 26.40.090, Accessory Dwelling Units The proposed ADU will contain 451 square feet (See Exhibit "A") and will be deed restricted, mee.ting the housing authority's guidelines for resident occupied units, limited to rental periods of not less than six (6) months in duration. The owners of the principal residence will retain the right to place a qualified employee(s) of his/her choosing in the ADD. One (1) off-street parking space will be provided on-site, and will be accessed from the alley. Therefore, the proposal complies with the requirements of Section 26.40.090(A)(l ). Pursuant to Section 26.40.090(A)(2), the ADU is subject to all of the dimensional requirements of the underlying zone district, Medium-Density Residential (R-6), because it will be attached to the principal residence. An evaluation of the proposal against these requirements is provided below. Also, since the ADU will be attached to the primary residence, Section 26.490.090(A)(3) is not applicable. Section 26.40.090(A)( 4) states that "an attached accessory dwelling unit shall utilize alley access to the extent practical. " The proposed ADU and its off-street parking space would be accessed from the alley. Section 26.40.090(B), Development Review Standards, contains the development review standards for detached accessory dwelling units and, therefore, does not apply to this application. Regardless, the proposed ADU will appear as part of the primary residence, and it will be below grade; thus, it will be compatible with and subordinate in character to the primary residence. This property is located in the West End neighborhood which is, for the most part, made up of single family residences, many of which have attached or detached accessory dwelling units associated with them. The proposed ADU will be compatible with the character of the existing neighborhood and will not create a density pattern incompatible with that already established in the area. Section 26.28.040, Medium-Density Residential (R-6) Accessory dwelling units are permitted within the R-6 zone district as conditional uses. The lot has an area of 7,500 square feet. The required side yard setbacks call for a minimum of five (5) feet, but both sides combined must total at least 22.5 feet. The minimum front and rear yard setbacks are ten (10) feet each, but must combine for a total of at least thirty (30) feet. The site coverage is not allowed to exceed thirty-five (35) percent (2,625 square feet), and the maximum roof height cannot exceed twenty-five (25) feet, as measured to a variety 3 /"""'., .~ of points depending on the particular roof slope. The maximum allowable floor area is 3,450 square feet, and there must be a total of three (3) off-street parking spaces provided (two (2) for the principal residence and one (1) for the ADU). The proposed plans indicate that the development would meet all of the dimensional requirements of the zone district, and this will be verified at the time of building permit application (See both Exhibit "A" and the referral comments from the City Zoning Officer in Exhibit "B"). Section 26.60.040, Standards Applicable to All Conditional Uses Pursuant to Section 26.60.040, 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. The stated purpose of the R-6 zone district "is to provide areas for long-term residential purposes with customary accessory uses." ADUs are allowed as conditional uses in the R-6 zone district, and the proposal will be required to meet or exceed all of the dimensional requirements associated with the zoning. Furthermore, one of the stated themes of the AACP with regard to "revitalizing the permanent community" is to "increase resident housing." Also, the proposal 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;" and, . "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." Staff finds that this conditional use application for an ADU complies with Section 26.60.040(A). (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. The subject parcel is surrounded by residential uses, some of which have associated accessory dwelling units, and the proposed ADU use is both consistent and compatible with the existing residential development in the immediate vicinity. (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. 4 .~ .~ As mentioned earlier in this memo, the proposed ADU will be sub-grade and will appear as part of the principal residence; thus, its location, size and design will minimize any potential adverse visual impacts. Like all ofthe surrounding properties, the ADU's parking and trash service will be accessed from the alley at the rear of the property. No noise, vibration, or odor related impacts are anticipated. The proposed ADU will operate like any other residence or ADU found in the neighborhood. The anticipated impacts will be negligible. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. There are adequate public facilities and services to serve the proposed use. It will be within an existing, well-established neighborhood. See Engineering referral comments, attached as Exhibit B. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. While the proposed development of an ADU will not generate an increase in the employment base, the applicant will be supplying an ADU which, pursuant to Section 26.40.090(A)(1), will be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County for periods of not less than six months in duration, thereby serving the need for increased affordable housing in the City of Aspen. (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. The proposed conditional use will comply with all additional standards imposed on it be the AACP and by all other applicable requirements of the Municipal Code, such as those contained in Section 26.58.040, Residential Design Standards. Section 26.58.040, Residential Design Standards The proposed design of the McLeanlMargerum Residence was reviewed by staff against the Residential Design Standards of Section 26.58.040. Staff found the proposed design to comply with all but one of the design standards, namely standard 26.58.040(F)(12), Volume. Simply put, this standard requires that there be no windows (facade penetrations! fenestration) in any areas of the first or second floors that lie between nine (9) and twelve (12) feet above the height of the floor (plate height). That is, there can be no windows between nine (9) and twelve (12) feet above either the first floor or the second floor. As proposed, all four elevations contains violations of the "volume" standard. On the south elevation, several proposed windows would be in violation of the volume standard, specifically the transom windows above the first floor french doors, the transom window in the second story dormer, the window grouping behind the spiral staircase, and the triangular shaped windows in the gable end. The south elevation faces the alley, and the windows 5 /"""'. .-.. . behind the stairs and in the gable end would be obscured from sight due to their location behind other building elements. The north, street-facing elevation contains dormers with windows that violate the volume standard. The east elevation contains dormers with transom windows that do not comply with the standard, and the west elevation has parts of three separate windows (approximately si~ inches worth, each) that violate the volume standard. Also, it should be noted that all windows labeled on the proposed elevations as "possible," would be in violation of the volume standard and should be eliminated from the plans. Under the "volume" standard, the applicant is left with three (3) options when it is determined that the proposed design does not comply: first, the applicant can choose to redesign the proposal to comply with the standard; next, the applicant can appeal staff s finding to the Design Review Appeal Committee or other appropriate board; lastly, the applicant can choose to accept a floor area penalty which would count the area in violation twice (2:1). In the current case, the applicant has chosen'to appeal staffs finding to the Planning and Zoning Commission in an attempt to obtain a variance. If a variance is to be granted, it would have to be based on one of the following three criteria: (a) the proposed design yields greater compliance with. the goals of the Aspen Area Community Plan; or, (b) the proposed design more effectively addresses the issue or problem the given standard responds to; or, (c) a variance is clearly necessary for reasons of fairness related to unusual site specific constraints. The intention of the volume standard is to prohibit windows that appear to span from the first level of a residence to the level(s) above and to maintain a pedestrian scale. In considering the variance request, the DRAC must decide whether or not the proposed design more effectively addresses this issue than would a redesign that meets the standard. In staff s opinion, the proposed design for the north, east and west elevations meets this standard, as the design would appear incomplete if the windows did not extend into the dormers. Also, none of the proposed windows on the north, east or west elevations appear to span beyond the limits of their respective stories. In terms of the south, alley-facing elevation, none of the proposed windows appear to span from one story to the next, and the windows in violation of the standard are for the most part obscured from view by other building elements such as the room above the garage and the spiral staircase. In summary, staff supports granting of a variance from the volume standard as it relates to all four proposed elevations of the McLeanlMargerum residence. While not complying with the letter of the "volume' standard, staff feels that the proposed design is in harmony with the intent and spirit of the criteria. The variance, if granted, would be based on a finding that the proposed design more effectively addresses the issue or problem the "volume" standard responds to. Staffs support for the variance request needs to be qualified to make clear that the variance supported by staff would not allow for those windows indicated on the submitted drawings as dashed lines and labeled as "possible." STAFF FINDINGS: Based upon review of the applicant's land use application and the . referral comments, Community Development staff finds that there is sufficient information 6 ~ ~ to support the request. The proposal meets or exceeds all standards applicable to the review of Accessory Dwelling Units as conditional uses. Staff also finds that a variance from the requirements of the "volume" standard is warranted as the proposed design more effectively addresses the issue or problem the given standard responds to that would a design without the non-complying windows. RECOMMENDATION: First, Community Development Department staff recommends granting a variance from the volume standard as it relates to all four proposed elevations of the McLeanlMargerum residence, based on a finding that the proposed design more effectively addresses the issue or problem the "volume" standard responds to. The variance supported by staff would not allow for those windows indicated on the submitted drawings as dashed lines and labeled as "possible." In addition, Community Development Department staff recommends that the conditional use request for an Accessory Dwelling Unit at 627 W. Smuggler Street be approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b. Verify with the Housing Office that the ADU will contain a kitchen having a mmlmum 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 as a separate one-bedroom unit; e. Provide a minimum of one off-street parking space for the ADU that shall be shown on the final plans; , f. Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights-of-way; g. Locate any additional proposed construction in such a way that it does not encroach into an existing utility easement or public right-of-way; h. Agree to join any future improvelDent district(s) which may be formed for the purpose of constructing improvements in adjacent public rights-of-way; the agreement shall be executed and recorded concurrently upon approval of this application; i. . Submit working drawings to verify all height, setback, and floor area calculations, as well as lot size and lot area calculations; 7 .. ! ,~ r""",\ j. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f),and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado; k. In the event required, a tree removal permit must be obtained from the Parks Department for any trees that are to be removed or relocated; also, no excavation cah occur within the dripline of the tree(s) to be preserved and no storage offill material can occur within this/these dripline(s); I. A tap permit must be completed at the office of the Aspen Consolidated Sanitation District; a separate service line and tap will be required for the accessory dwelling unit. Payment of the total connection charges shall be made prior to the issuance of a building permit; and, m. Submit building permit drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The building permit drawings will have to show the fences that encroach into the alley and Smuggler Street rights-of-way and indicate that they will be either relocated onto private property or be removed, or be licensed. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. Submit as-built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the AspenlPitkin County Data Processing Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; b. Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval; and, c. The applicant must sign a curb and gutter construction agreement, and pay recording fees (this requirement was a condition of the Oxley Lot Split approval). 3. In the event required, the applicant must receive approval from: . The City Engineer for design of improvements, including landscaping, within public rights-of-way; . The Parks Department for vegetation species, tree removal, and/or public trail disturbances; . The Streets Department for mailboxes and street cuts; and, . The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 8 . ., A ~ !~ 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the door and the area in front of the door to the ADU. 6. The existing driveway in the front yard must be removed, and the area must be restored. 7. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. ALTERNATIVE RECOMMENDATIONS: The Planning and Zoning Commission may decide to approve the proposal with the conditions outlined above, approve the proposal with additional and/or modified conditions, or deny the conditional use request for an Accessory Dwelling Unit. Also, the Commission may decide not to grant the requested variance in part or in full, as it relates to each proposed elevation. RECOMMENDED MOTION: "I move to approve the conditional use request for the proposed Accessory Dwelling Unit at 627 W. Smuggler Street with the conditions outlined in the Community Development Department memo dated August 19, 1997. In addition, I further move to approve a variance from standard 26.58.040(F)(12), voJume, as it relates to all four elevations of the proposed structure finding that the proposed design more effectively addresses the issue or problem the 'volume' standard responds to. The variance does not allow for those windows indicated on the submitted drawings as dashed lines and labeled as 'possible'." EXHIBITS: "A" - Conditional Use Application "B" - Referral Comments "C" - Ordinance 57, Series of 1993 9 '\.A.~_M'_,,,, ...... " '.. l) r~l6rr ".A~5f UIND use: 1IPPUO\T:ICN FOElM ':1 ,~, r-, PI:ojcct Nanc McLEA" 'MARGERUM REsIDENCE ~ 2) l>;rojectIocatian 627 W. SMUGrlLl':R IT.O'l' 1. OXT.l':Y LO'l' SPT.T'I') ASPEN, COLORADO (indicate ..t....=t ad:kess, lot. & block l'UIi>er, le:Jal descript::ion Wex:e . . appropriate) - J) 1>>. _ e:nt Zoni:nq R-6 .4) IDtSize 7500 S.P. 5) lIppticant's Name, l\ddress << Eb:xle I CHUCK McLEAN & AMY MARGERUM 305 REDTArL CT., BASALT, COLORADO 81623 (927-9727)' 6) Rep~=-d..o.tive'S~: lIddl:ess & RIcne I BARBARA LONG & ASSOCIATES 315 E. HYMAN'AVE., ASPEN, COLORADO 816121925-fiRRO) 7) Type of lIppllcation (please checlc all that apply): A CorditionaJ. Use _ 0:lnc:epb1al SPA' _ CbnoepbJa1. Historic [lev_ _ ~',,1 Review' Final SPA Final Historic pev_ 8040 Greenline _ 0:lnc:epb1al roD Mirx>r Historic [lev_ .' _ SO:eam Margin Final :roo Historic Oe!Wlition M:Juntain vial Plane Sutxlivision . _ Historic Designation _ CooocxninllIlliization' _ ~ l\bex:lu.e.rt: I . -:.......:.. QQS AllobDeflt _ ~ Exalpt.ion i' _ I.ot Spli1;fIat Line '. Mj\=l=..rt: 8) Descript.icn of Existin:J Uses.' (l'UIi>er ani q.pe of exist:in;l' structux:es: appralCimate sq. ft..: ramber of b;.A"""",: any previous approvals ~ to the property) - ONE EXISTING SINGLE, STORY Rl':STDl':Nrl': WT'I'H R~Sl':Ml':Nm 9) Des=iption of Oevel~.t Application , A.D.U. TO BE LOCATED IN A NEW RESIDF.NCF. .... 10) !lave you attached the foll<l'li.rg? ~.se to At:t:achment 2, Kin.iJwm ,>,.m.i-=icn O:nt:cnts ~lSC to At:t:achment 3, '>{-'i eic $uhn;-=ian O:ntcnts _ Response to Attachment 4, Revi.e.r starrlards for Your Application ~., tfr4/9"7 ~ /"""'. ~ \ €X~'~I"" u8~'J } MEMORANDUM To: Mitch Haas, Planner Thru: Nick Adeh, City Enginee~ From: Chuck Roth, Project Engineer C-'1<- Date: July 31,1997 Re: McLeanlMargerum Conditional Use Review for an ADU I have reviewed the above referenced application, and I have the following comments: 1. Improvement Survey - The application did not include an improvement survey, and it is a requirement to include in the application packet a document that is specifically titled "improvement survey" and that is wet signed and stamped by a surveyor registered to practice in Colorado. The date must be within the past 12 months. 2. Encroachments - The building permit drawings will have to show the fences that encroach into the alley and Smuggler Street rights-of-way and indicate that they will either be relocated onto private property, or be removed, or be licensed. 3. Drivewlty - The proposed access is from the alley. The existing driveway will need to be removed and the area restored. 4. Sidewalk. Curb and Gutter - The site is located in the West End where sidewalks are excluded from being built. However the "Pedestrian Walkway and Bikeway System Plan" does indicate that there should be pedestrian usable space off of the street surface. Therefore, the building permit drawings must indicate a five foot wide pedestrian usable space with a five foot buffer for snow storage. The site lacks curb and gutter. The applicant needs to sign a curb and gutter construction agreement, and pay recording fees, prior to issuance of a certificate of occupancy. This requirement was indicated in the Oxley lot split approvals. 1 ,~ ~ " 5. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in the public right-of-way. For pedestals, easements must be provided. The building permit drawings must indicate all utility meter locations. Meter locations must be accessible for reading and may not be obstructed by trash storage. 6. Site Drainage - As provided for in the parcel lot split approvals, the site development must meet the requirement of runoff design standards of the Land Use Code at Sec. 26.88.040.CA.f, and the building permit application will have to include a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) and a report, both signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan. 7. Streets Department - The alley is plowed to the sides, and the property owner must clear snow as needed for access. 8. 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 rec,eive 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. M97.11l 2 /"""'., .~ . MEMORANDUM TO: Mitch Haas, City Planner FROM: Sara Thomas, Zoning Officer RE: McLeanlMargerum Residence, Conditional Use review for an ADU DATE: August 4, 1997 ---------------------------------------------------- -------------------------------------------------------- The McLeanlMargerum residence is located on a 7500 square foot lot in the R-6 zone district, which has the following dimensional requirements: Setbacks: Front Yard Setback - 10 feet Rear Yard Setback - 10 feet Combined Front and Rear for Principle Building - 30 feet Side Yard Setback - 5 feet minimum with 22.5 feet combined The exterior ADU access can encroach into the required side yard setback only if it meets the minimum UBC requirement for egress. Allowed floor area - 3450 square feet. This figure is based on a 7500 square foot lot which contains no slopes greater than 20%, no right of way easements, no vacated right or ways, or any other encumbrances which might subtract from lot area. Maximum Site Coverage - 35% (2625 square feet) All floor area calculations, setbacks, site coverage and height measurements will be verified at tjme of building permit. , ("'\', ,n ,gjsl'~n Gonsol/rkzlerfc5amlalion .disfricf 565 North Mill Street Aspen, Colorado 81611 / Tele. (970) 925,3601 Sy Kelly. Chairman Paul Smith. Treas. Louis Popish. Secy. July 28, 1997 RECE\VEO "" \ 0 \997 FAX #(970) 925:2537 Michael Kelly , Frank Loushin Bruce Matherly, Mgr Mitch Haas Community Development 130, S. Galena / Aspen, CO 81611 j\$pEN 6:~]C~PMENt COMMUNITY , Re: McLeanlMargerum ADD Dear Mitch: The Aspen Consolidated Sanitation District currently has sufficient collection ~Ild treatment cap~city to serve, this development. Service ,is contingent.upon c()mp'liance with the District's , rules, regulations, and specification which are,on fiI~at the District office. The total connection char~esfOl:theproposed addition can be determined once detailed plans,ate available and, a tap permit is 'completed at our office. Since service is already available to the existing residence, we would request, asa condition of approval, payment of the total connection charges prior to the issuance'of abuilding permit. Please call if you have anyqu~stions. Sincerely, ~w~~~J5 Bruce Matherly District Manager EPA Awards of Excellence '. 1976. 1986 . 1990 Regional.and National ' /"""'. .~ MEMORANDUM RECEIVED JUL 2. 2 1997 TO: FROM: DATE: RE: Mitch Haas Karma Borgquist, Parks Department July 22, 1997 McLeanlMargerum Residence ASPEN I PITKIN COMMUNITY DEVELOPMENT We have a tree removal permit application complete with mitigation on file and have no other concerns with this application. planning.margerum \ ~ r-'\ \ 1 ..........."...c .. _. .~~:~:.. "._.". .m_.__.._~~".,._ '...-.1 li6 ~ ~ 4 ;II ~ r .. r 8 ,Q 11 r )> z I \: q \.--. 'I I .. : 6 . 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