HomeMy WebLinkAboutLand Use Case.267 McSkimming Rd.0075.2015.ASLUASLU
Special Review
267 McSkimming Rd
73718104005
1
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Nadolny, 970.429.2739 DATE: August 5, 2015
PROJECT: 267 McSkimming Rd
REPRESENTATIVE: Dylan Johns & Jeff McCollum, Zone 4 Architects, 970.429.8470
REQUEST: Special Review
DESCRIPTION: The applicant is interested in a remodel of the existing residence on the site that involves the
complete replacement of the structure’s roof. The remodel will cause the removal of 40% or more of the
structure, resulting in achieving the technical definition of demolition.
The subject parcel is located in the R-15B zone district and is therefore exempt from Residential Design
Standards.
The garage of the existing structure encroaches into the front yard setback. When a structure is considered
demolished, all non-conformities are expected to be brought into compliance. The applicant is not changing
the footprint of the building, and would like to be allowed to maintain this non-conformity with the change in roof
form. To do so the applicant will need to appear before the Planning & Zoning Commission for Special Review.
The applicant will need to respond to the review criteria found in the Special Review section of the Code, as
indicated below, and show how the proposed project meets these criteria.
Below are links to the Land Use Application form and Land Use Code for your convenience:
Land Use App:
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20a
pp%20form.pdf
Land Use Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-
Code/
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.312.030 Non-conforming structures
26.312.030.F Ability to restore
26.430.040.B Replacement of nonconforming structure
26.575.020 Calculations and Measurements
Review by: Staff for complete application
Public Hearing: Planning & Zoning Commission
Planning Fees: Planning Deposit – $3,250 for 10 hours of Staff review time/hearing
Total Deposit: $3,250 (additional planning hours over deposit amount are billed at a rate of
$325/hour)
To apply, submit the following information:
2
Completed Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current (no older than 6 months) certificate from a title insurance company, an
ownership and encumbrance report, 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.
Applicant’s name, address and telephone number in a letter signed by the applicant that states the
name, address and telephone number of the representative authorized to act on behalf of the
applicant.
HOA Compliance form (Attached
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
and relevant land use approvals associated with the property.
A site improvement survey (no older than a year from submittal) including topography and vegetation
showing the current status of the parcel certified by a registered land surveyor by licensed in the
State of Colorado.
Written responses to all review criteria.
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
1 Complete Copy. If the copy is deemed complete by staff, the following items will then need
to be submitted:
9 additional copies of the complete application packet and, if applicable, associated drawings.
Total deposit for review of the application.
A digital copy of the application provided in pdf file format.
A sketch up model will be required for the public hearing.
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.
City C970
COMMUNITY DEVELOPMENT DEPARTMENT
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying the scope of work included in the land use application complies
with all applicable covenants and homeowner association policies. The certification must be signed by
the property owner or Attorney representing the property owner.
Property
Owner (“I”):
Name:
Email: Phone No.:
Address of
Property:
(subject of
application)
I certify as follows: (pick one)
□ This property is not subject to a homeowners association or other form of private covenant.
□ This property is subject to a homeowners association or private covenant and the
improvements proposed in this land use application do not require approval by the homeowners
association or covenant beneficiary.
□ This property is subject to a homeowners association or private covenant and the
improvements proposed in this land use application have been approved by the homeowners
association or covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a public document.
Owner signature: _________________________ date:___________
Owner printed name: _________________________
or,
Attorney signature: _________________________ date:___________
Attorney printed name: _________________________
Agreement to Pay Application Fees
avCLIVaA1ICA IIn/lei eraa1
Property Andrew Firman Revocable Trust Phone No.: (�j ,Sg�j-5�b
Owner (" I"): Email: aKVV-k
Address of 267 McSkimming Road Billing j0r5D Ma�1IQ p� �YLI
Property: Address: j
(subject of (send bills here) ' ` ' co
application)
1 understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees forthis development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
0 Select Dept 0 Select Dept
$, flat fee for $_ flat fee for _
$
0 flat fee for Select Dept $ 0 flat fee for Select Review
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ 3,250 deposit for 10 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325 per hour.
$ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $275 per hour.
City of Aspen:
Chris Bandon
Community Development Director
Property Ow
Name: hind a "i IZINV (tel
City Use: Title: 116 -LI?
Fees Due: $3250 Received: $ 1
January 2015 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090
August 18, 2015
City of Aspen Community Development Department
130 South Galena Street, 3b Floor
Aspen, CO 81611
RE: 267 McSkimming Road
To Whom it May Concern:
Zone 4 Architects has the authorization of QfCMLh
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Aspen officials as well as submit any required land use applications, permit applications, and change
orders for the sole purpose of remodeling the existing residence and property currently designated by
the address 267 McSkimming Road in Aspen, Colorado and having a Parcel ID #273718104005.
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Project Site: 267 McSkimming Road, Aspen, CO 81611
Aspen Grove; Block: 1; Lot: 16
Parcel I D#: 273718104005
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ATTACHMENT 2 –LAND USE APPLICATION
PROJECT:
TYPE OF APPLICATION: (please check all that apply):
Name:
Location:
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED)
APPLICANT:
Name:
Address:
Phone #:
REPRESENTATIVE:
Name:
Address:
Phone #:
GMQS Exemption Conceptual PUD Temporary Use
GMQS Allotment Final PUD (& PUD Amendment) Text/Map Amendment
Special Review Subdivision Conceptual SPA
ESA – 8040 Greenline, Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
Subdivision Exemption (includes
condominiumization)
Final SPA (& SPA
Amendment)
Commercial Design Review Lot Split Small Lodge Conversion/
Expansion
Residential Design Variance Lot Line Adjustment Other:
Conditional Use
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Have you attached the following? FEES DUE: $_________
Pre-Application Conference Summary
Attachment #1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
3-D Model for large project
All plans that are larger than 8.5” X 11” must be folded. A disk with an electric copy of all written text
(Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing:__________Proposed:___________________
Number of residential units: Existing:__________Proposed:___________________
Number of bedrooms: Existing:__________Proposed:___________________
Proposed % of demolition (Historic properties only):__________
DIMENSIONS:
Floor Area: Existing:_________Allowable:__________Proposed:________
Principal bldg. height: Existing:_________Allowable:__________Proposed:________
Access. bldg. height: Existing:_________Allowable:__________Proposed:________
On-Site parking: Existing:_________Required:___________Proposed:________
% Site coverage: Existing:_________Required:___________Proposed:________
% Open Space: Existing:_________Required:___________Proposed:________
Front Setback: Existing:_________Required:___________Proposed:________
Rear Setback: Existing:_________Required:___________Proposed:________
Combined F/R: Existing:_________Required:___________Proposed:________
Side Setback: Existing:_________Required:___________Proposed:________
Side Setback: Existing:_________Required:___________Proposed:________
Combined Sides: Existing:_________Required:___________Proposed:________
Distance Between
Buildings
Existing ________Required:__________Proposed:_____
Existing non-conformities or encroachments:___________________________________
_______________________________________________________________________
Variations requested: ______________________________________________________
________________________________________________________________________
ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements, refer to the numbers in the in second column. These numbers correspond to the key on page 9. For multiple reviews, do not duplicate information. All application materials must be complete and submitted in collated packets. All drawings must include an accurate graphic scale Type of Review App. Submission Requirements (See key on page 9.) Process Type (See Process Description in Att.5) Number of Required Submittal Packets 8040 GREENLINE REVIEW 1-7, 8-10,35 P & Z108040 GREENLINE EXEMPTION 1-7, 8-10, 35 ADMINISTRATIVE REVIEW 2 STREAM MARGIN REVIEW 1-7, 8, 10, 11, 12, 35 P & Z OR ADMINISTRATIVE (Based on Location) 2 for 0 Admin., 10 for P &Z STREAM MARGIN EXEMPTION 1-7, 8, 10, 11, 12, 35 ADMINISTRATIVE REVIEW 2 HALLAM LAKE BLUFF REVIEW 1-7, 13, 14, 35 P & Z 10 MOUNTAIN VIEW PLANE 1-7, 15, 16, 35 P & Z 10 CONDITIONAL USE 1-7, 9, 17 P & Z 10 SPECIAL REVIEW* 1-7, Additional Submission Req. dependon nature of the Special Review Request.P & Z 10 SUBDIVISION 1-7, 18, 19, 20, 21, 35 P & Z, AND CITY COUNCIL 20 EXEMPT SUBDIVISION 1-7, 18, 19, 20, 21, 35 CITY COUNCIL 10 LOT LINE ADJUSTMENT 1-7, 22 ADMINISTRATIVE REVIEW 2 LOT SPLIT 1-7, 22 CITY COUNCIL 10 CODE AMENDMENT 1-4, 7, 23 P & Z, AND CITY COUNCIL 20 WIRELESS TELECOM. 1-7, 16, 24, 25, 26, 27, 35 ADMIN. OR P & Z 2 for Admin., 10 for P & Z SATELITE DISH OVER 24” IN DIAMETER 1-7 ADMIN. OR P & Z 2 for Admin., 10 for P & Z RES. DESIGN STANDARDS VARIANCE 1-7, 9, 28, 29, 30 P & Z OR DRAC 10 GMQS EXEMPTION* 1-7, Additional Submission Req. dependon nature of the Exemption Request.ADMIN., OR P & Z, AND/OR CC (BASED ON EXEMPTION TYPE) 2 for Admin., 10 for P & Z, 20 for P & Z and CC CONDOMINIUMIZATION 1, 31 ADMINISTRATIVE 2 PUD 1-7, 32, 33, 35 CONCEPTUAL – P & Z, AND CC FINAL – P & Z, AND CC 20 for P & Z and CC (Submit Separately for Final PUD Review) LODGE PRESERVATION PUD 1-7, 35 P & Z, AND CC 20
PUD AMENDMENT 1-7 ADMIN., OR P & Z, AND/OR CC (BASED ON AMENDMENT TYPE) 2 for Admin., 10 for P & Z, 20 for P & Z and CC SPECIALLY PLANNED AREA (SPA) 1-7, 35 CONCEPTUAL – P & Z, AND CC FINAL- P & Z, AND CC 20 for P & Z and CC (Submit Separately for Final SPA) AMENDMENT TO SPA 1-7 ADMIN., OR P & Z AND CC (BASED ON SIGNIFICANCE OF AMENDMENT) 2 for Admin., 20 for P & Z and CC TEMPORARY USE 1-7 ADMIN. OR CC (BASED ON DURATION TIME) 2 for Admin., 10 for City Council ACCESSORY DWELLING UNIT 1-7, 9 ADMIN OR P &Z(BASED ON IF THE PROPOSAL MEETS REVIEW STANDARDS) 2 for Administrative Review REZONING 1-7 P & Z AND CC 20 DIMENSIONAL REQUIREMENTS VARIANCE 1-7, 34 BOARD OF ADJUSTMENT 9 * Consult with a Planner about submittal requirements.** A pre-application conference with a Planner should be conducted prior to submitting any land use application. Please call 920-5090 to schedule a pre-application conference.
ATTACHMENT 4-CONT’D- SUBMITTAL KEY
1. Land Use Application with
Applicant’s name, address and telephone
number, contained within a letter signed
by the applicant stating the name, address,
and telephone number of the
representative authorized to act on behalf
of the applicant.
2. The street address and legal
description of the parcel on which
development is proposed to occur.
3. A disclosure of ownership 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.
4. An 8 1/2” x 11” vicinity map locating
the subject parcel within the City of
Aspen.
5. A site improvement survey including
topography and vegetation showing the
current status of the parcel certified by a
registered land surveyor, licensed in the
State of Colorado. (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.)
6. A site plan depicting the proposed
layout and the project’s physical
relationship to the land and it’s
surroundings.
7. A written description of the
proposal and a written explanation of
how a proposed development complies
with the review standards relevant to the
development application.
8. Plan with Existing and proposed
grades at two-foot contours, with five-foot
intervals for grades over ten (10) percent.
9. Proposed elevations of the development
10. A description of proposed
construction techniques to be used.
11. A Plan with the 100-year floodplain
line and the high water line.
12. Accurate elevations (in relation to
mean sea level) of the lowest floor,
including basement, of all new or
substantially improved structures; a
verification and recordation of the actual
elevation in relation to mean sea level to
which any structure is constructed; a
demonstration that all new construction or
substantial improvements will be
anchored to prevent flotation, collapse or
lateral movement of any structure to be
constructed or improved; a demonstration
that the structure will have the lowest
floor, including basement, elevated to at
least two (2) feet above the base flood
elevation, all as certified by a registered
professional engineer or architect.
13. A landscape plan that includes
native vegetative screening of no less than
fifty (50) percent of the development as
viewed from the rear (slope) of the parcel.
All vegetative screening shall be
maintained in perpetuity and shall be
replaced with the same or comparable
material should it die.
14. Site sections drawn by a registered
architect, landscape architect, or
engineer shall be submitted showing all
existing and proposed site elements, the
top of slope, and pertinent elevations
above sea level.
15. Proposed elevations of the
development, including any rooftop
equipment and how it will be screened.
16. Proposed elevations of the
development, including any rooftop
equipment and how it will be screened.
17. A sketch plan of the site showing
existing and proposed features which are
relevant to the review.
18. One (1) inch equals four hundred
(400) feet scale city map showing the
location of the proposed subdivision, all
adjacent lands owned by or under option
to the applicant, commonly known
landmarks, and the zone district in which
the proposed subdivision and adjacent
properties are located.
19. A plat which reflects the layout of
the lots, blocks and structures in the
proposed subdivision. The plat shall
be drawn at a scale of one (1) equals one
hundred (100) feet or larger. Architectural
scales are not acceptable. Sheet size shall
be twenty-four (24) inches by thirty-six
(36) inches. If it is necessary to place the
plat on more than a one (1) sheet, an index
shall be included on the first sheet. A
vicinity map shall also appear on the first
sheet showing the subdivision as it relates
to the rest of the city and the street
system in the area of the proposed
subdivision. The contents of the plat shall
be of sufficient detail to determine
whether the proposed subdivision will
meet the design standards pursuant to
Land Use Code Section 26.480.060(3).20.
Subdivision GIS Data.
21. A landscape plan showing location,
size, and type of proposed landscape
features.
22. A subdivision plat which meets the
terms of this chapter, and conforms to the
requirements of this title indicating that no
further subdivision may be granted for
these lots nor will additional units be built
without receipt of applicable approvals
pursuant to this chapter and growth
management allocation pursuant to
Chapter 26.470.
23. The precise wording of any
proposed amendment.
24. Site Plan or plans drawn to a scale of
one (1”) inch equals ten (10’) feet or one
(1”) inch equals twenty (20’) feet,
including before and “after” photographs
(simulations) specifying the location of
antennas, support structures, transmission
buildings and/or other accessory uses,
access, parking, fences, signs, lighting,
landscaped areas and all adjacent land
uses within one-hundred fifty (150’) feet.
Such plans and drawings should
demonstrate compliance with the Review
Standards of this Section.
25. FAA and FCC Coordination.
Statements regarding the regulations of
the Federal Aviation Administration
(FAA) and the Federal Communications
Commission (FCC).
26. Structural Integrity Report from a
professional engineer licensed in the
State of Colorado.
27. Evidence that an effort was made to
locate on an existing wireless
telecommunication services facility
site including coverage/ interference
analysis and capacity analysis and a
brief statement as to other reasons for
success or no success.
28. Neighborhood block plan at
1”=50’ (available from City Engineering
Department) Graphically show the front
portions of all existing buildings on both
sides of the block and their setback from
the street in feet. Identify parking and
front entry for each building and locate
any accessory dwelling units along the
alley. (Continued on next page.)
Indicate whether any portions of the
houses immediately adjacent to the
subject parcel are one story (only one
living level).
29. Roof Plan.
30. Photographic panorama. Show
elevations of all buildings on both sides of
the block, including present condition of
the subject property. Label photos and
mount on a presentation board
31. A condominium subdivision
exemption plat drawn with permanent ink
on reproducible mylar. Sheet size shall be
twenty-four (24) inches by thirty-six (36)
inches with an unencumbered margin of one
and one-half (1 1/2) inches on the left hand
side of the sheet and a one-half (1/2) inch
margin around the other three (3) sides of
the sheet pursuant to Land Use Code
Section 26.480.090.
32. A description and site plan of the
proposed development including a
statement of the objectives to be achieved
by the PUD and a description of the
proposed land uses, densities, natural
features, traffic and pedestrian circulation,
off-street parking, open space areas,
infrastructure improvements, and site
drainage.
33. An architectural character plan
generally indicating the use, massing,
scale, and orientation of the proposed
buildings.
34. A written description of the variance
being requested.
35. Exterior Lighting Plan. Show the
location, height, type and luminous
intensity of each above grade fixture.
Estimate the site illumination as measured
in foot candles and include minimum,
maximum, and average illumination.
Additionally, provide comparable
examples already in the community that
demonstrate technique, specification, and/
or light level if they exist.
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
________________________________________________, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
______________________________________, 20___
STATE OF COLORADO )
) ss.
County of Pitkin )
I, _____________________________________________________ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
_____ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_____ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
on the ___ day of ________________, 20___, to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
_____ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
_____ Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
_____ Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that
create more than one lot, new Planned Unit Developments, and new Specially
Planned Areas, are subject to this notice requirement.
_____ Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
____________________________________
Signature
The foregoing “Affidavit of Notice” was acknowledged before me this ___ day
of ____________________, 20___, by _______________________________________.
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: _________________
______________________________________
Notary Public
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
August 19, 2015
HAND DELIVERY
Ms. Sara Nadolny
City of Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: 267 McSkimming Road – Special Review
Dear Sara:
This is an application to consider a special review related to an existing garage encroachment into a
front yard setback, and being able to maintain the existing garage footprint location if the 40%
demolition threshold is surpassed and demolition is technically triggered due to a remodel on the
residence and garage roof.
The property’s address is 267 McSkimming Road, the property ID is 273718104005, and is in the
Aspen Grove subdivision as Block 1, Lot 16.
In general, the existing residence was constructed in 1980 and appears to be in overall conformance
with all dimensional requirements of the zone district, with the exception that the front most corner of
the garage is 19’-4” from the property line and the zoning requires a minimum 30’-0” setback from the
property line. If a measurement is taken from the edge of the road to the garage, that distance is 31’-
8” due to a fairly large offset of the property line and road.
There are two exhibits included with this proposal which illustrate the general conditions of the
neighborhood with respect to residence’s proximity to property lines and a more detailed site plan of
267 McSkimming illustrating the site dimensions just described. Overall, as a neighborhood, there are
many examples of properties being very close to their property lines, and in most cases being much
closer than the subject property. The pattern of development would seem to indicate that most
buildings meet the front yard setback requirements if measured from the edge of pavement, but not
from their property lines.
The property was recently purchased by a young couple who has recently started a family, and has
lived full time in Aspen for 3 years. It is their intention to remodel this property to better accommodate
their growing family, however there are some basic problems with the configuration of the house. As
an example, there are four bedrooms in the residence, two larger rooms upstairs and two smaller
rooms downstairs. Both of the upstairs bedrooms have their bathrooms integrated into the bedroom
(old motel style), and the lower bedrooms are so small that a queen beds will not even fit into the
rooms without nightstands. It is very straightforward to reconfigure the upper bedrooms to a more
current style of living, and there is ample additional FAR available to expand the lower bedrooms by 5
or 6 feet in order to make them more functional, however there is an unintended consequence to doing
those moves.
Because the house has a relatively small footprint and is partially buried in the hillside, the surface
area for walls which is used to calculate demolition is much less than it otherwise would be (only above
grade wall surfaces may be used). In addition, the roof (illustrated by the attached existing elevations)
has a very unique and non-typical design. Once the upper story rooms are reconfigured, the interior
volumes become very oddly shaped, and would lead the design towards inclusion of reconfiguring the
roofs as part of the remodel, in order to make the rooms feel more comfortable.
The problem arises in that less than ½ of the roof can be disturbed (with any other changes to the wall
surfaces) before the 40% threshold for demolition is triggered, and hopefully it is fairly easy to see how
difficult it would be to disturb less than ½ of the roof surface and have a building which does not look
like the architectural equivalent of Frankenstein’s monster.
Our request is to obtain a special review approval for the Ability to Restore a Non-Conforming
Structure which has been purposefully demolished (per the code definition of that term) with the sole
purpose of being able to maintain the existing location of the garage footprint (in the event that the
threshold for demolition is triggered while undergoing a remodel to improve the functionality and
aesthetics of the house). As the staff memo points out, the footprint of the house will be maintained
and the general mass of the house will also be retained. Any remodel will fully comply with the
dimensional requirements of the underlying zone district (with the exception of the front yard setback to
the garage). We believe that requiring the complete relocation and reconfiguration of the garage and
vehicular access due to a remodel of a 35 year old residence is an unfair burden to the property
owner, especially when the development pattern of the neighborhood appears to be very similar to this
property.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.312.030 Non-conforming structures
26.312.030.F Ability to restore
26.430.040.B Replacement of nonconforming structure
26.575.020 Calculations and Measurements
26.312.030. Non-conforming structures.
A. Authority to continue. A nonconforming structure devoted to a use permitted in the zone
district in which it is located may be continued in accordance with the provisions of this Chapter.
B. Normal maintenance. Normal maintenance to nonconforming structures may be performed
without affecting the authorization to continue as a nonconforming structure.
C. Extensions. A nonconforming structure shall not be extended by an enlargement or expansion
that increases the nonconformity. A nonconforming structure may be extended or altered in a
manner that does not change or that decreases the nonconformity.
F. Ability to restore.
2. Purposeful destruction. Any nonconforming structure which is purposefully demolished or
destroyed may be replaced with a different structure only if the replacement structure is in
conformance with the current provisions of this Title or unless replacement of the nonconformity is
approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is
nonconforming in regards to the permitted density of the underlying zone district may maintain that
specific nonconformity only if a building permit for the replacement structure is issued within twelve
(12) months of the date of demolition or destruction.*
*A duplex or two single-family residences on a substandard parcel in a zone district permitting
such use is a nonconforming structure and subject to nonconforming structure replacement
provisions. Density on a substandard parcel is permitted to be maintained but the structure must
comply with the dimensional requirements of the Code including single-family floor area
requirements.
Response: Section 26.312.030.F.2 allows for the replacement of a non-conformity in the event of
purposeful demolition provided a special review is obtained (purpose of this application). Other than
the garage encroachment, the property is otherwise conforming to the permitted density of the
underlying zone district. The current plan for construction is to have construction commence as soon
as the necessary demolition is completed.
26.430.040.Review standards for special review.
No development subject to special review shall be permitted unless the Planning and Zoning
Commission makes a determination that the proposed development complies with all standards and
requirements set forth below.
A. Dimensional requirements. Whenever the dimensional requirements of a proposed
development are subject to special review, the development application shall only be approved if
the following conditions are met.
1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of
the proposed development are designed in a manner which is compatible with or enhances the
character of surrounding land uses and is consistent with the purposes of the underlying zone
district.
2. The applicant demonstrates that the proposed development will not have adverse impacts on
surrounding uses or will mitigate those impacts, including but not limited to the effects of shading,
excess traffic, availability of parking in the neighborhood or blocking of a designated view plane.
Response:
1. With the exception of the garage projection into the front setback, the existing residence is
within the dimensional requirements of the zone district, and any modifications or additions made as
part of the remodel will conform with those requirements. The purpose of this special review is to ask
that the garage not have to change as a result to other changes occurring as part of renovating the
house.
2. There is currently fairly extensive landscaping between the garage and edge of road, and
given the property line setback from the edge of the road, the existing structure would more than
conform with the requirements of the underlying zone district code requirements. There will be no
change of use or impact to the neighborhood in a way which is any more impactful than the existing
structure currently is.
B. Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not
conform to the dimensional requirements of the zone district in which the property is located is proposed to
be replaced after demolition, the following criteria shall be met:
1. The proposed development shall comply with the conditions of Subsection 26.430.040.A above;
2. There exist special characteristics unique to the property which differentiate the property from other
properties located in the same zone district;
3. No dimensional variations are increased, and the replacement structure represents the minimum
variance that will make possible the reasonable use of the property; and
4. Literal enforcement of the dimensional provisions of the zone district would cause unnecessary
hardship upon the owner by prohibiting reasonable use of the property
Response: 1. Any renovations or additions to the property will comply with the conditions of
Subsection 26.430.040.A except relative to the location of the garage relative to
the front yard setback
2. This property has a relatively unique feature in that the property line is setback
from the roadway by 13 feet. The closest corner of the garage is over 19 feet
from the property line, making the actual setback of the garage from the road 31’-
8” and if the property line was at the edge of the road, and the setback was
measured from that relationship; this property would be more than in compliance
with the front yard setback for the underlying zoning.
3. This special review application is only seeking to allow the existing garage
footprint which sits in the front yard setback to remain in its current configuration,
regardless of whether demolition on the entire structure is triggered. This
application is seeking the minimum level of variance necessary to maintain the
existing footprint of the garage, which is the only reason the special review is
necessary.
4. Literal enforcement of the dimensional provisions of this zone district would
require the complete removal and relocation of the garage, adding retaining walls
to reconfigure the driveway, and adapt the house’s floor plan to accommodate
the revised garage placement and grading. We believe that this would constitute
an unnecessary hardship for the property owner, especially as the trigger for
these actions pertain more to the relationship of the property line to the road than
the effect that the structure has on the neighborhood.
26.575.020 B. Limitations.
The prescribed allowances and limitations, such as height, setbacks etc., of distinct structural components
shall not be aggregated or combined in a manner that supersedes the dimensional limitations of an
individual structural component. For example, if a deck is permitted to be developed within five feet of a
property boundary and a garage must be a minimum of ten feet from the same property boundary, a garage
with a deck on top of it may not be developed any closer than ten feet from the property boundary or
otherwise produce an aggregated structural component that extends beyond the setback limit of a garage.
Non-conforming aspects of a property or structure are limited to the specific physical nature of the
non-conformity. For example, a one-story structure which extends into the setback may not be
developed with a second-story addition unless the second story complies with the required setback.
Specific non-conforming aspects of a property cannot be converted or exchanged in a manner that
creates or extends a different specific non-conforming aspect of a property. For example, a property
that exceeds the allowable floor area and contains deck area that exceeds the amount which may be
exempted from floor area cannot convert deck space into additional interior space.
Response: There are no changes contemplated to the footprint of the garage within the
encroachment area. Because of the existing roof shapes, if the roof of the house changes, the roof of
the garage will likely need to change to reflect a coherent design, however adding an additional design
element such as a second story is not being contemplated.
H. Measurement of Demolition.
The City Zoning Officer shall determine if a building is intended to be or has been demolished by applying
the following process of calculation:
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the following:
4. The surface area of all existing (prior to commencing development) exterior wall assemblies
above finished grade and all existing roof assemblies. Not counted in the existing exterior surface area
calculations shall be all existing fenestration (doors, windows, skylights, etc.).
5. The exterior surface area, as described above, to be removed. Wall area or roof area being removed to
accommodate new or relocated fenestration shall be counted as exterior surface area being removed.
6. The diagram shall depict each exterior wall and roof segment as a flat plane with an area tabulation.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in addition to
the necessary subsurface components for its structural integrity, including such items as studs, joists, rafters
etc. If a portion of a wall or roof structural capacity is to be removed, the associated exterior surface area
shall be diagrammed as being removed. If a portion of a wall or roof involuntarily collapses, regardless of the
developer's intent, that portion shall be calculated as removed. Recalculation may be necessary during the
process of development and the Zoning Officer may require updated calculations as a project progresses.
Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or
expanded fenestration shall be counted as wall area to be removed.
Only exterior surface area above finished grade shall be used in the determination of demolition. Sub-grade
elements and interior wall elements, while potentially necessary for a building's integrity, shall not be
counted in the computation of exterior surface area.
According to the prepared diagram and area tabulation, the surface area of all portions of the exterior to be
removed shall be divided by the surface area of all portions of the exterior of the existing structure and
expressed as a percentage. The Zoning Officer shall use this percentage
to determine if the building is to be or has been demolished according to the definition in Section
26.104.100, Demolition. If portions of the building involuntarily collapse, regardless of the developer's intent,
that portion shall be calculated as removed.
It shall be the responsibility of the applicant to accurately understand the structural capabilities of the
building prior to undertaking a remodel. Failure to properly understand the structural capacity of elements
intended to remain may result in an involuntary collapse of those portions and a requirement to recalculate
the extent of demolition. Landowner's intent or unforeseen circumstances shall not affect the calculation of
actual physical demolition. Additional requirements or restrictions of this Title may result upon actual
demolition
Response: Because of the nature of how the demolition calculation is performed, structures which
are built into hillsides are effectively penalized because they have less wall area to include in the
baseline calculation. While this does not necessarily mean that this property would not still trigger
demolition under a remodel, it does mean that there is much less latitude available before major
ramifications are triggered.
Thank you for your consideration,
Dylan Johns
Zone 4 Architects
Cc: File
Applicant
2 6 7 M c S K I M M I N G R O A D R E S I D E N C E
0 8 . 1 8 . 2 0 1 5
S P E C I A L R E V I E W
A-01 | NEIGHBORHOOD CONTEXT DIAGRAM | SCALE AS NOTED
N
27.2'
19.0'
12.0'
6.8'
14.7'
19.3'
21.6'
25.0'9.9'
3.2'
7.6'
13.8'
13.0'
NOTE:
ALL DIMENSIONS ARE ESTIMATED AND ROUNDED OFF TO THE
NEAREST TENTH OF A FOOT. THESE ESTIMATED DISTANCES WERE
OBTAINED FROM THE CITY OF ASPEN GIS INTERACTIVE WEBSITE.
LEGEND
267 McSKIMMING ROAD
RESIDENCES THAT ENCROACH UPON THEIR 30'
FRONT YARD SETBACK ALONG McSKIMMING ROAD
DISTANCE OF BUILDING [ENCROACHMENT]
TO THEIR FRONT YARD PROPERTY BOUNDARY
2 6 7 M c S K I M M I N G R O A D R E S I D E N C E
0 8 . 1 8 . 2 0 1 5
S P E C I A L R E V I E W30'-0"19'-4"31'-8"AUTO COURT
McSKIMMING ROAD
SKIMMING LANE
DECK
HOT TUB
30' ROAD + IMPROVEMENT EASEMENT10' BUILDING SETBACKLOT BOUNDARYLOT BOUNDARYLOT BOUNDARY5' BUILDING SETBACK15' [COMBINED] UTILITY EASEMENT5' BUILDING SETBACK15' [COMBINED] UTILITY EASEMENTLOT BOUNDARY
30' BUILDING SETBACK
DN
EXISTING DRIVEWAY / AUTO COURT
EXISTING GARAGE ENCROACHMENT
[ENTRY LEVEL]
[LOWER LEVEL]
EXISTING
2 STORY
HOUSE
EXISTING
GARAGE
A-02 | SITE PLAN DIAGRAM | 1/8" = 1'-0"
N
2 6 7 M c S K I M M I N G R O A D R E S I D E N C E
0 8 . 1 8 . 2 0 1 5
S P E C I A L R E V I E W
A-03 | EXISTING CONDITIONS - PHOTOGRAPHS | NOT TO SCALE
A B C
A
B
C
PHOTOGRAPH KEY PLAN
M cSKIM M ING267
R O A D
N
NOTE:
PHOTOGRAPHS DEPICT EXISTING TREES AND VEGETATION [TO REMAIN] CURRENTLY SCREENING THE EXISITNG GARAGE.
2 6 7 M c S K I M M I N G R O A D R E S I D E N C E
0 8 . 1 8 . 2 0 1 5
S P E C I A L R E V I E W
EL. 102'-6"
EL. 92'-6 1/2"
EL. 102'-8 1/4"
EL. 92'-8"
EL. 102'-9"
CONC. SLAB GARAGE LEVEL
CONC. SLAB LOWER LEVEL
T.O. PLY ENTRY LEVEL
T.O. F.F. LOWER LEVEL
T.O. F.F. ENTRY LEVEL
[E] H.T. BRACES
12
7
12
7
7
1212
7
EL. 102'-6"
EL. 92'-6 1/2"
EL. 102'-8 1/4"
EL. 92'-8"
EL. 102'-9"
T.O. F.F. LOWER LEVEL
T.O. F.F. ENTRY LEVEL
CONC. SLAB GARAGE LEVEL
CONC. SLAB LOWER LEVEL
T.O. PLY ENTRY LEVEL
[E] H.T. BRACES
[E] RETAINING WALL
OUTLINE OF
FOUNDATION BEYOND
7
12
7
12
7
12
EL. 102'-6"
EL. 92'-6 1/2"
EL. 102'-8 1/4"
EL. 92'-8"
EL. 102'-9"
T.O. F.F. LOWER LEVEL
T.O. F.F. ENTRY LEVEL
CONC. SLAB GARAGE LEVEL
CONC. SLAB LOWER LEVEL
T.O. PLY ENTRY LEVEL
7
12
7
12
7
12
7
12
EL. 102'-6"
EL. 92'-6 1/2"
EL. 102'-8 1/4"
EL. 92'-8"
EL. 102'-9"
T.O. F.F. LOWER LEVEL
T.O. F.F. ENTRY LEVEL
CONC. SLAB GARAGE LEVEL
CONC. SLAB LOWER LEVEL
T.O. PLY ENTRY LEVEL
ELECTRICAL PANEL
OUTLINE OF
FOUNDATION BEYOND
7
12
7
12
7
12
01 EXISTING WEST ELEVATION
04 EXISTING NORTH ELEVATION
03 EXISTING EAST ELEVATION
02 EXISTING SOUTH ELEVATION
A-04 | EXISTING ELEVATIONS | 1/8" = 1'-0"
2 6 7 M c S K I M M I N G R O A D R E S I D E N C E
0 8 . 1 8 . 2 0 1 5
S P E C I A L R E V I E W
A-05 | PROPOSED [CONCEPTUAL] SOUTH ELEVATION | NOT TO SCALE
NOTE:
THIS CONCEPTUAL ELEVATION DEPICTS THE CURRENT PROPOSED DESIGN AND IS TO BE USED FOR ILLUSTRATIVE PURPOSES ONLY.
ROOF FORMS PROVIDED FOR ILLUSTRATIVE PURPOSES MAY BE MODIFIED AS DESIGN PROCESS EVOLVES.
30' BUILDING SETBACK
LOT BOUNDARY
CURB
EXISTING GARAGE
[FOOTPRINT TO REMAIN
UNDER THIS PROPOSAL]
EXISTING GARAGE
ENCROACHMENT
[FOOTPRINT TO REMAIN
UNDER THIS PROPOSAL]RE: SITE PLAN
DRIVEWAY /
AUTO COURT
[EXISTING TO REMAIN]