HomeMy WebLinkAboutLand Use Case.240 Lake Ave.A024-00
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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
A024-00
2735-124-07004
Greenberg Special Review
240 lake Avenue
Nick Lelack
Special Review
Ronald Greenberg
Gilbert Sanchez
4/26/00
HPC Reso 19-2000
Approved
8118/00
J. Lindt
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursUant to Section
26.304.070, "Development Orders", and Section 26.308,010, "Vested Property Rights",
of the City of Aspen Municipal Code, This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant ,to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Larid Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Ronald Greenberg, 44 Maryland Plaza, St. Louis, MO 63 108
Property Owner's Name, Mailing Address and telephone number
Lot 15, Wogan Lot Split, 240 Lake Ave.
Legal Description and Street Address of Subject Property
Accessory Dwelling Unit Approval
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Historic Preservation Commission Resolution # 19-2000,4/26/00
Land Use Approval(s) Received and Dates (Attach Pinal Ordinances or Resolutions)
May 6, 2000
, Effective Date of Development Order (Same as date of publication of notice of approval.) ,
May 7, 2003
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 7th day of May, 2000, by the City of Aspen Community
De opment Director.
Woods, Community Development Director
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PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pUrsuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Lot 15, Wogan Lot Split, by resolution of the Historic
Preservation Commission numbered 19, series of 2000.
For further information .contact Julie Ann Woods, at the Aspen/Pitkin Community
Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090.
s/City of Aspen Account
Publish in The Aspen Times on May 6, 2000
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MEMORANDUM
TO: Historic Preservation Commission
THRU: Julie Ann Woods, Director
Joyce Ohlson, Deputy Director
FROM: Nick Lelack, Planner
RE: Greenberg ADU Design Standards Variance for Parking, 240 Lake Avenue-
Public Hearing
DATE: April 26, 2000
CURRENT LAND USE:
Single Family Residence
Lake A venue
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APPLICANT:
Ronald K. Greenberg
REPRESENTATIVE:
Gilbert Sanchez, AlA
LOCATION:
240 Lake Avenue
ZONING:
R-6, Medium Density Residential
PROPOSED LAND USE:
Single Family Residence and
Accessory Dwelling Unit
LOT SIZE:
14,220 sq. ft.
FAR:
Existing: 4,387.5 sq. ft.
Proposed: 4,387.5 sq. ft.
Allowable: 4,387.5 sq. ft
SUMMARY:
The Applicant is requesting Special Review for a
variance from the ADU design standards for parking.
Specifically, the request is to not provide one on-site
parking space for the unit. Locating the parking
space on-site would be difficult to achieve because
of the short, narrow driveway, several trees adjacent
to the driveway, and the potential for compromising
the integrity of the historic landmark.
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REVIEW PROCEDURE:
Special Review for a Variance from the ADU Desif?n Standards:
An application requesting a variance from the ADU design standards shall be processed
as a Special Review. The Special Review shall be considered at a public hearing for
which notice has been posted and mailed. If the property is a Historic Landmark the
Historic Preservation Commission shall consider the Special Review. The Historic
Preservation Commission shall approve, approve with conditions, or deny an application
requesting a variance from the ADU design standards.
STAFF COMMENTS:
Ronald K. Greenberg, represented by Gilbert Sanchez, AlA, is requesting approval of a
variance from the Accessory Dwelling Unit (ADU) design standards for parking. A
historic landmark is located on site. HPC has approved an expansion to the historic
landmark and a new detached garage. The proposed ADU, approximately 671 square
feet, would be located beneath the garage in a space currently designated on the
building plans for storage.
Exterior access to the ADU will be accomplished with a stairwell down to the ADU
behind garage and in front of the house. The proposed ADU is designed as a one-
bedroom unit with a bathroom, kitchen, and generous living area.
Land Use Code Section
26.520.050(3), ADU Design
Standards, requires that "One.
parking space for the AD U shall be
provided on-site and shall remain
available for the benefit of the ADU
resident. The parking space shall
not be stacked with a space for the
primary residence." Mr. Greenberg
is requesting a variance from this
standard to not provide on-site
parking for the unit; instead, ADU
parking would be located on Lake
Avenue.
These aspen trees and a much larger, mature
tree (not shown) would have to be removed to
accommodate an additional parking space.
Tim Ware, Director of Parking
Control, recommends approval of
the variance. Mr. Ware believes
there is adequate space on Lake Avenue for the required ADU parking.
Community Development Staff supports the proposed variance, finding that the review
criteria are met. The ADU would add to the community's stock of affordable housing
in an established neighborhood. Staff believes this is a win-win situation in which the
community gains an affordable housing unit, preserves the trees, accommodates
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parking on the street without negatively impacting the neighborhood, and does not
compromise the integrity of the historic landmark.
RECOMMENDATION:
Staff is recommending approval of the Special Review for a variance from the
Accessory Dwelling Unit (ADU) design standards for parking, with the following
conditions:
I. All prior City of Aspen approvals shall remain in full force and effect.
2. The building permit application shall include:
a) a copy of the Historic Preservation Commission resolution.
b) a current Site Improvement Survey indicating the nature of all easements of record
indicated on the property title commitment.
c) a completed and recorded sidewalk, curb, and gutter construction agreement and an
agreement to join any future improvement districts for the purpose of constructing
improvements which benefit the property under an assessment formula.
d) a completed and recorded ADU deed restriction on the property, a form for which
may be obtained from the Housing Office. The deed restriction shall be noted on the
building permit plans.
e) a drainage report and a drainage plan, including an erosion control plan, prepared by a
Colorado licensed Civil Engineer which maintains sediment and debris on-site during
and after construction.. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 2 year storm frequency should
be used in designing any drainage improvements. If drywells are an acceptable
solution for site drainage, a soils report must be provided with percolation test to
verify the feasibility of this type system. Drywells may not be placed within utility
easements. The foundation drainage system should be separate from storm drainage,
must be detained on site, and must be shown on the drainage plan. The drainage may
be conveyed to existing landscaped areas if the drainage report demonstrates that the
percolation rate and the retention volume meet the design storm.
f) a tree removal or relocation permit from the City Parks Department for any trees to be
removed or relocated.
g) a completed tap permit with the Aspen Consolidated Sanitation District. The
applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the
ACSD superintendent.
3. The building permit plans shall reflect/indicate:
a) Conformance with all aspects of the City's Residential Design Standards, or City of
Aspen documentation demonstrating approvals for variances from the standards.
b) Conformance with all of aspects of the City's Accessory Dwelling Unit Standards,
except the provision of providing one on-site parking space.
c) The ADU meets all applicable UBC requirements for light and air.
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d) A fire suppression system if the gross square footage of the structure exceeds 5,000
square feet.
4. The applicant should provide separate utility taps and meters for each residential unit.
5. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right-of-way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site improvement
survey. Meter locations must be accessible for reading and may not be obstructed.
6. The applicant must receive approval for any work within public rights-of-way from the
appropriate City Department. This includes, but is not limited to, approval for a mailbox
and landscaping from the City Streets Department.
7. All construction vehicles, materials, and debris shall be maintained on-site .and not within
public rights-of-way unless specifically approved by the Director of the Streets
Department. The applicant shall inform the contractor of this condition.
8. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 7 p.m. Monday - Saturday.
9. Before applying for a building permit, the applicant shall record this Planning and Zouing
Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza
Building. There is a per page recordation fee. In the alternative, the applicant may pay this
fee to the City Clerk who will record the resolution.
10. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to approve the Greenberg ADU and Special Review for a variance from the ADU
design standards for parking, at 240 Lake A venue, with the conditions in the draft
resolution."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Development Application
C\home\nickl\Active Cases\240 Lake Avenue\ADUspecial review for parking. doc
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EXHIBIT A
GREENBERG ADU, SPECIAL REVIEW FOR VARIANCE FROM ADU PARKING STANDARDS
REVIEW CRITERIA & STAFF FINDINGS
Section 26.520.080(>>) Special Review
A Special Review for an ADU may be approved, approved with conditions, or denied based
on conformance with the following criteria:
1. The proposed ADU is designed in a manner which promotes the purpose of the
ADU program, promotes the purpose of the zone district in which it is proposed,
and promotes the unit's general livability,' and,
Staff Finding
The proposed deed restricted ADU promotes the purpose of the ADU program, the R-6 Zone
District, and the unit's general livability . The program's purpose is to promote the long-
standing community goal of socially, economically, and enviromnentally responsible
development patterns which balance Aspen the resort and Aspen the community.
The proposed one-bedroom unit would be constructed in a manner which does not increase
impervious surface on the site or impact the Hallam Lake Bluff enviromnentally sensitive
area because of its location under the garage. It would be located in a well established
neighborhood, and consist of approximately 671 square feet. The unit would ensure absolute
privacy for the occupant because it would be completely detached from the principal
residence. In addition, the unit is located in close proximity to employment, recreation, and
transit areas. Tenants may bike or walk to town, transit. stops, and recreation areas.
The purpose of the R-6, Medium-Density Residential Zone District, is to provide areas for
long term residential purposes in close proximity to recreation and institutional uses. The
design and location of the proposed ADU would be ideally suited for a long-term resident
working and recreating in this community.
2. The proposed ADU is designed to be compatible with, and subordinate in character
to, the primary residence considering all dimensions, site configuration,
landscaping, privacy, and historical significance of the property; and,
Staff Finding
The proposed ADU would be approximately 671 square feet and located below the detached
garage. The proposed unit would be barely, if at all, visible from the street, and therefore
both compatible with and subordinate in character to the primary residence, a historic
landmark. The proposed unit meets all ADU design standards except for parking.
3. The proposed ADU is designed in a manner which is compatible with or enhances
the character of the neighborhood considering all dimensions, density, designated
view planes, operating characteristics, traffic, availability of on-street parking,
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availability of transit services, and walking proximity to employment and
recreational opportunities.
Staff Finding
The proposed ADU would be compatible with the character of the neighborhood. It would
be barely, if at aU, visible from the street, and would not impact any view planes from the
subj~ct or neighboring properties. Staff does not believe the unit's operating characteristics
would adversely impact the character of the neighborhood in any way. Tim Ware, Director
of Parking Control, does not believe on-street parking for the unit would detract from the
neighborhood. In addition, the unit is within walking and biking distance to employment and
recreation areas.
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