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HomeMy WebLinkAboutLand Use Case.CU.712 W Francis St.A013-98 <,r:- CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY o . A013-98 2733-011-01022 712 W Francis Conditional Use for ADU 712 W Francis Amy Guthrie ADU Hughes, Gail 3/25/98 Approved 6/28/02 . J. Lindt r'\ n ill 1 ~- ~ MEMORANDUM ',:'".,0, '_',.~'__~_,... :..._"."^~' ." TO: Aspen Planning and Zoning Commission ~. Stan Clauson, Community Develo~ent Director'" (;;t/ Julie Ann Woods, Deputy Directo ~ . Amy Guthrie, Historic Preservation fficer THRU: FROM: RE: 712 W. Francis Street, Hughes, Conditional Use for an Accessory Dwelling Unit (ADU) - Public Hearing. DATE: March 17, 1998 SUMMARY: As part of a renovation of this historic house, the applicant proposes to build a new attached garage with a voluntary Accessory Dwelling Unit above it. Conditional Use approval, including a rear yard setback variance is requested. The unit is 100% above grade. The applicant is not requesting the FAR bonus. Staff recommends approval, with conditions. APPLICANT: Gail Hughes, represented by Jake Vickery Architects. LOCATION: 712 W. Francis Street. ZONING: R-6, Inventory of Historic Sites and Structures. CURRENT LAND USE: Detached single-family residential. LOT SIZE: 4,500 square feet. REVIEW PROCEDURE: Accessory Dwelling Units (ADU's) 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 conditional use reviews of ADU's: 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. REFERRAL COMMENTS: Housing ()ffice comments have not been received. Standard conditions of approval are included in the recommended motion. ~\\G~~A n ^ STAFF COMMENTS: Section 26.40.090(B), Accessory Dwelling Units, Development review standards. 1. The proposed development is compatible with and subordinate in character to the primary residence located on the parcel as well as development located within the neighborhood, and assuming year-round occupancy, shall not create a density pattern inconsistent with the established neighborhood. Response: The proposed unit is approximately 375 square feet of net livable space, is located at the rear of the lot, over a garage, and has access to an alley for parking. A private entry for the unit faces West Francis Street. The City has developed programs to encourage this sort of infill housing development, which is particularly compatible with the character of the West End. 2. Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. Response: The applicant requests a rear yard setback varianl~e. Only areas used exclusively for garage space may be within five feet of the rear yard setback line; all other building space must provide a ten foot setback. The applicant proposes to place the ADU directly over the garage, therefore a five foot setback variance is requested. Staff finds the proposed placement appropriate to the historic structure and in character with the neighborhood. 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 int(:nt of the zone district in which it is proposed to be located. Response: The stated purpose of the R-6 zone district "is to pmvide areas for long- term residential purposes with customary accessory uses." ADU's are allowed as conditional uses in the R-6 zone district, and the proposal helps fw1:her one of the stated themes of the AACP with regard to "revitalizing the permanent community" by "increase(ing) resident housing." Also, the proposal is consistent with the following purposes, goals, objectives and standards ofthe AACP: 2 1""'\ ^ · "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. " 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. Response: The subject parcel is surrounded by duplex and single-family residential uses, and an 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. Response: The unit is located on an alley above a garage and will not have significant impacts on any circulation areas. An on-site parking space must be provided, according to Section 26.40.090, unless waived by Special Review. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: servIces. The unit will not have a significant impact on public facilities and E. The applicant commits to supply affordable housing to meelt the incremental need for increased employees generated by the conditional use. Response: The applicant has volunteered to provide the unit. No mitigation is owed. . F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicabl,~ requirements of this title. Response: 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. 3 f""\ ~ STAFF FINDINGS AND RECOMMENDATION: Commlmity Development staff finds that the application should be approved as submitted, with the following conditions: 1. Prior to the issuance of any building permits, the applicant shall comply with the following: A. The owner shall submit the appropriate deed restrictions to the AspenlPitkin County Housing Office for approval. Upon approval of the deed restrictions by the Housing Office, the applicant shall record the deed restrictions with the Pitkin County Clerk and Recorders Office with proof of recordation to the Planning Department.. The deed restriction shall state that the accessory units meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer; and B. Kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs. 2. The ADU shall be clearly identified as a separate dwelling lmit on building permit plans imd shall comply with 1994 UBC Sound Transmission Control guidelines (Appendix Chapter 12, Division II, Section 1208). 3. Prior to issuance of a Certificate of Occupancy, the Housing Office shall inspect the unit to ensure compliance with the conditions of approval. 4. All new surface utility needs and pedestals must be installed on-site. 5. The applicant shall consult the City Engineer for design considerations of development within public rights-of-way, and the Parks Department for vegetation species, and shall obtain permits for any work or d(:velopment, including landscaping, within public rights-of-way from the City Streets Department. 6. All malterial representations made by the applicant in the application and during public meetings with the Plimning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 7. A five foot rear yard setback variance is granted to accommodate the ADD. RECOMMENDED MOTiON: "I move to approve the conditional use for an ADU at 712 W. Francis Street with the conditions as outlined in the Planning Office Memo dated March 17, 1998. EXHIBITS: A. Staff memo dated March 17, 1998 B. Conditional Use Application 4 ~ I~ LAND USE APPLICATION 712 West Franlcis HUGHES RESIDENCE JAKE VICKERY ARCHITECTS 100 SOUTH SPRING STREET #3 ASPEN, COLORADO 81611 970 925-3660 b;i\l~~\ b 1""\. ^ it ) 111 J A K E March 2, 1998 VICKERY Amy Guthrie Aspen Community Development Department 130 South Galena Aspen, Colorado 81611 100 SOUTH SPRING ST. #3 POST OFFICE BOX 12360 ASPEN,COLORAD081612 TELEPHONE! FACSJMILE (970) 925-3661l RE: 712 West Francis Dear Amy, Please find attached our combined Land Use Application for HPC Review of partial demolition and ordinance #30, compliance and conditional use fOI" an accessory dwelling unit with a rear yard set back variance for proposed development at 712 west Francis. Information provided for Review: 1. Combined Land Use Application Form 2. Supplement to Historic Preservation Development Application Form 3. Compliance with Review Standards for HPCpartial demolition 4. Compliance with Review Standards for a conditional use for an accessory dwelling unit with a 5' rear yard set back variance. 5. Compliance Documents for Ordinance 30 (under separte cove~r) 6. 50 Scale Adjacency Map and Neighborhood Photos 7. Vicinity Map 8. Disclosure of Ownership 9. Owner's Authorization to Represent 10. Survey 11. set of 11 "x17" reduced (1/8" scale )copies of all drawings including existing and proposed site plans, floor plans, and elevations. 12. Check for Review fee. Sincerely, Jake Vickery, Architect 1"""\ I~ LAND USE APPLICATION FORM 1. Project Name: 712 W. Francis 2. Project Location: 712 W Francis, ASPEN (SEE ATTACHED LEGAL DESC~If>trON) 3. Present Zoning: R6 4. Lot Size: 4,500 5. Applicant's Name, Address & Phone GAIL HUGHES 302 E. HOPKlNS AVE ASPEN, COLORAbIO, 81611 970-544-0400 6. Representative's Name, Address & Phone # JAKE VICKERY ARCHITECTS 100 SOUTH SPRIN(l SiREET #3 ASPEN, COLORADI:),81611 970 925-3660 7. Type of Application (Please check.all that apply): ~. Conditional Use Conceptuai SPA _Concept Historical Dev. Special Review Final SPA _Final Historic Dev. 8040 Greenline Conceptual PUD _Minor Historic Dev. Stream Margin Final PUD _x_Histclric Demolition Mountain View Plane Subdivision _Historic Designation Condominiumization Text/Map Amendment _ GMQS Allotment Historic Lot Split _GMQS Exemption 8. Description of Existing Uses (number and type of existing structurres; approximate sq. ft.; number of bedrooms; any previous approvals granted to the property). SITE IS CURRENTLY DEVELOPED WITI-f I-fISTORICALMfNER'SCOTTAGE. RENOVATED IN 1996 9. Description of Development Application HPC Dartial demolition and renovation. accessory dwellinq with variance 10. Have you attached the following? YES Response to Attachment 2. Minimum Submission Contents YES Response to Attachment 3, Specific Submission Contents YES Response to Attachment 4, Review Standards for Your Application r'\ .1""'\ 'I' / APPLICATION FOR PARTIAL DEMOLITION AND AN ADU WITH VARIANCE 712 WEST FRANCIS March 2, 1998 (attachment #, Item #) (2-2) Street Address 712 W Francis Aspen, Colorado 81611 (2-3) Legal Description Lot, Block Compliance with Review Standards for a conditional use for accessory dwelling unit 712 West Francis Items referenced below pertain to enumerated requirements of the preprinted application materials supplied by the city. (Attachment #, Item #) (2-1) (2-2) (2-3) (2-4) . (2-5) see attached Owner's Authorization Letter see attached Legal Description see attached Disclosure of Ownership see attached Vicinity Map Compliance with relevant Review Standards: This is a voluntary ADU and is a classic "Cottage Infill" situation for which this legislation was created. The proposed ADU will have a minimum of 300 ne~ livable square feet and will accommodate one or two employees. This proposal increases the number of bedrooms on site to three. No on- site parking spaces are provided for this developm,ent. Pursuant to Section 5-510-A-1, no additional parking spaces are required for development of a studio or 1 bedroom ADU. This is a small, 4,500 square foot pre-existing non-conforming lot. An on-site parking space would significantly reduce the amenity to the rear yard and leave little useable open space. This property is located within easy walking distance the town's major bus route. The applicant feels that requiring any additional 1"""'\ .-. r '.1 parking spaces would be a hardship and a disincElntive to this application. The proposed ADU offers an excellent housing opportunity to locals. This application is submitted with the expressed understanding that the deed restriction placed on the property as a result of the ADU approval will be the one in place at the time of submittal of this application. Please see Items 4A through 4F below for a more detailed explanation of conformance to specific standards. The proposed work is under review by the Historical Preservation Commission. This application is submitted conditional upon HPC approval of the modifications to the structure necessary to accommodate the proposed development. (4-A) The Aspen Land Use Code permits an ADU as a conditional use in the R6 Zone. (4-B) This ADU provides an accessory residential use in the R6 Zone and a mix in a variety of housing types in the neighborhood. It is compatible with other residential uses in immediate vicinity. (4-C) The proposed location below grade maintains open space and minimizes the mass above grade. Light, air, and egress to the lower sleeping level are provided by generous light wells. (4-0) Services will be an extension of the services already in place and are adequate. (4-E) This proposal will not generate any new employees and provides on-site housing for one or two resident employees. (4-F) This proposal conforms to the Aspen Area ComprE'hensive Plan and other requirements of the Code. City and Township of Aspen, Pitkin County, Colorado (2-4) See attached Vicinity Map (2-5) Compliance with Review Standards This property meets review standards B, C, E, and F and qualifies to be a local designated landmark. It was built in 1888 and much of the original materials are intact. It is a vernacular miner's cottage and is representative of Aspen's Victorian p.ast. (3-1) See attached Boundary Survey (3.2A) (3-28) ~ I"'~ , I See attached letter authorizing Jake Vickery Architects to act as Owner's Representative. See attached letter requesting designation grant, lmd waiver of Application and Park Dedication Fees. F' r*\ r, "-',,0"" ... . SUPPLEMENT TO HISTORIC PRESERVATION DEVELOPMENT APPLICATIONS IMPORTANT Three sets of clear. fully labeled drawings must be submitted in a format no larger than 11"X17", OR one dozen sets of blueprints may be submitted in lieu of the 11"X17" format. APPLICANT: ADDRESS: ZONE DISTRICT: LOT SIZE (SQUARE FEET) EXISTING FAR: ALLOWABLE FAR: PROPOSED FAR: EXISTING NET LEASABLE (Commercial): PROPOSED NET LEASABLE (Commercial): EXISTING % OF SITE COVERAGE: PROPOSED % OF SITE COVERAGE: EXISTING % OF OPEN SPACE: PROPOSED % OF OPEN SPACE: EXISTING MAXIMUM HEIGHT: PROPOSED MAXIMUM HEIGHT: PROPOSED % OF DEMOLITION: EXISTING NUMBER OF BEDROOMS: PROPOSED NUMBER OF BEDROOMS: EXISTING ON-SITE PARKING SPACES: ON-SITE PARKING SPACES REQUIRED: SETBACKS: EXISTING: Front: 24.58 Rear: 25.42 Side: 8/11.25 Combined FrtlRr: 50 EXISTING NONCONFORMITIES/ ENCROACHMENTS: Gail HUQhes 302 E Hopkins Ave. Aspen, CO 81611 R6 4,500 SF 1,926SF HOUSE 2,820 SF 2,816 SF N/A N/A 28% 62% 72% 48% 25 FEET (li11/3 POINT 25 FEET (li11/3 POINT 10% 2 3 3 3 ALLOWABLE: Front: Rear: Side: Combined FrtlRr: 15.00 5.0 5/5 20 PROPOSED: Front: Rear: Sid'l: Combined FrtlRr: 18.58 5.83 8/5.25 24.41 VARIATIONS REQUESTED (eliqible for Landmarks onlv: character compatibility findinq must be made bv HPC): FAR: SETBACKS: Front: Rear: TO 5' Side: Combined FrtlRr: Minimum Distance Between Buildings: Parking Spaces: Open Space (Commercial): Height (Cottage Infill Only): Site Coverage (Cottage Infill Only): N/A N/A 5% n , ('") SUPPLEMENT TO HISTORIC PRESERVATION DEVELOPMENT APPLICATIONS IMPORTANT Three sets of clear. fullv labeled drawings must be submitted in a format no lalrger than 11 "X17", OR one dozen sets of blueprints may be submitted in lieu of the 11"X17" format. APPLICANT: ADDRESS: ZONE DISTRICT: LOT SIZE (SQUARE FEET) EXISTING FAR: ALLOWABLE FAR: PROPOSED FAR: EXISTING NET LEASABLE (Commercial): PROPOSED NET LEASABLE (Commercial): EXISTING % OF SITE COVERAGE: PROPOSED % OF SITE COVERAGE: EXISTING % OF OPEN SPACE: PROPOSED % OF OPEN SPACE: EXISTING MAXIMUM HEIGHT: PROPOSED MAXIMUM HEIGHT: PROPOSED % OF DEMOLITION: EXISTING NUMBER OF BEDROOMS: PROPOSED NUMBER OF BEDROOMS: EXISTING ON-SITE PARKING SPACES: ON-SITE PARKING SPACES REQUIRED: SETBACKS: EXISTING: Front: 24.58 Rear: 25.42 Side: 8/11.25 Combined FrtlRr: 50 EXISTING NONCONFORMITIES/ ENCROACHMENTS: Gail HUlIhes 302 E HODkins Ave. ASDen, CO 81611 R6 4,500 SF 1.926SF HOUSE 2.820 SF 2,816 SF N/A N/A 28% 62% 72% 48% 25 FEET @ 1/3 POINT 25 FEET @ 1/3 POINT 10% 2 3 3 3 ALLOWABLE: Front: Rear: Side: Combined FrtlRr: 15.00 5.0 5/5 20 PROPOSED: Front: Rear: Side: Combined FrtlRr: 18.58 5.83 8/5.25 24.41 VARIATIONS REQUESTED (eliqible for Landmarks onlv: character compatibility findinq must be made bv HPC): -c- FAR: SETBACKS: Front: Rear: TO 5' Side: Combined FrtlRr: Minimum Distance Between Buildings: Parking Spaces: Open Space (Commercial): Height (Cottage Infill Only): Site Coverage (Cottage Infill Only): N/A N/A 5% - MAR 13 '98 10:4511'1 ASPEN HOUSING OFC ~ P.l t1 MEMORANDUM TO: FROM: DATE: RE: Amy Guthrie, COmmunity Development Dept. Cindy Christensen, Housing OffICe March 13, 1SS8 712 West Francis Conditional Use for an Acce,.sory Dwelling Unit ParcellD No. 2735-124:.08.:004 REQUEST: The applicant is requesting approval for an accessory dwelling unit to be located above a two-car garage. BACKGROUND: AcCOrding to Section 26.40.090, Accessory OII1tlHing Units, a unit shall contain not less than 300 square feet of nellivable area and not more than 700 square feet of net livable area. ISSU~: When the Housing Office reviews plans for an acc::essclry dwelling unit, there are particular areas that are given special attention. They are as follows: ! I 1. The unit must be a 1ota.11y private unit, which means the unit must have a private entrance and there shall be no other rooms in thisunilthat need to be IJtilized by the individuals in the principal residence; i.e., a mechanical room for the principal residence. 2. The kitchen lncludes a minimum of a two-burner stove with O'1/Ien, standard sink, and a 6- cubic foot refrigerator plus freezer. 3. The unit is required to have ~ certain percentage of natural fight into the unit; I.e., windows, sliding glass door, window wells, etc., especially if the unit is located below grade. The Uniform Building Cede requires that 10% of the floor area of a unit needs to have natural light. Natural light is defined .as light which is clear and open tolhe sky. 4. Should the unit be used to obtain an FAR bonus, the unit MUlfr be rented to a qualified employee. 5. A deed restrIction MUST be recorded PRIOR to building pe,rmit approval. The deed restriction shalf be obtained from the Housing Office. ~ECOMMeNOATION: Staff recommends approval of this unit as long as conditions 1 through 5, stated above, are met. """'..n7':lWf398.... et ^ ~ ('''' I MEMORANDUM To: Amy Guthrie, Planner Thru: Nick Adeh, City Enginee# From: Chuck Roth, Project Engineer af<- Date: March 19, 1998 Re: Hughes Accessory Dwelling Unit (Parcel ID No. 2735-124-08-004; 712 West Francis Street) The Development Review Committee has reviewed the above referenced application at their March 11, 1998 meeting, and we have the following comments: 1. Parkin!! - The application contains an incorrect citation for the Code section concerning parking spaces for ADU's. The correct citation is 26.40.090.A.I. The application is correct in stating that a parking space is not required for the proposed studio unit. Please note however that dwellings that are approved without on-site parking result in additional use of City streets as parking lots and resulting changes in neighborhood character. 2. Draina!!e - Site drainage and surface runoff for both the primary residence and the ADU should be detained on site in landscaped areas or routed through vegetated area on property. The site should not be drained to City streets or alleys. 3. Trash & Utilities - All utility meters and any new or relocated utility pedestals or transformers must be installed on the applicant's property and not in the public right-of-way. For pedestals, easements need to be provided. The building permit drawings need to indicate all utility meter locations. Meter locations have to be accessible for reading and may not be obstructed by trash storage. 4. Sidewalk. Curb and Gutter - The site is located in theWest 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. 1 t) 5. Asoen Consolidated Sanitation District - A new sewer tap line will probably be needed. 6. Work in the Public Rieht-of-way - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights-of-way, parks department (920-5120) for vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes, street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from the city community development department. 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