HomeMy WebLinkAboutLand Use Case.518 W Francis St.A110-99
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CASE NUMBER
PARCELID#
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
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A110-99
2735-124-10006
518 W. Francis Variance
518W. Francis
Amy Guthrie
DRAC
Christopher Hewett
same
12/14/99
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REVIEW STANDARDS: The Committee may grant an exception to the design
standards if the project as proposed is found to meet one of the following criteria:
a) yields greater compliance with the goals of the Aspen Area Community Plan:
b) more effectively addresses the issue or problem a given standard or provision
responds to;
c) be clearly necessary for reason offairness related to unusual site specific constraints.
Staff recommendation: Staff recommends the Design Review Appeals Commission
approve the variance requests related to "build-to line," "secondary mass," and "building
elements," finding that they more effectively address the issue or problem the standards
respond to. Staff does not recommend that the variance request for "windows" be
approved because none of the review standards are met.
Exhibits:
Resolution No. $. Series of 1999
A. Application
G: planning/aspenfdrac/518wfrancis
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Waivers Requested:
1. Build-to lines, On
parcels or lots of less than.
15,000 square feet, at least
60% ofthefrontfar;ade shall
be within 5 feet of the
minimum front yard setback line,
On corner sites, at least 60%
of both streetfacades of the
building shall be within 5
feet of the minimum setback
lines. Porches may be used to .
meet the 60% standard.
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Staff evaluation: The property will contain two single family houses, each of which is
required to meet the "Residential Design Standards." Because of the configuration which
is being used, with what appears to be a primary house and a secondary building, the rear
unit does not meet the build to line requirement. Staff finds that the proposed site design
is appropriate and consistent with the traditional building patterns on the.immediately
adjacent historic properties and with the character of the West End.
2, Secondary Mass,
All new structures shall
locate at least 1O%of their
total square footage above
grade in a mass which is
completely detachedfrom
the principal building, or
linked to it by a subordinate
connecting element.
Accessory buildings such as
garages, sheds, and
Accessory Dwelling Units
are examples of appropriate
uses for the secondary mass,
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Staff evaluation: The front house does meet this standard, however the rear unit, which
is only approximately 1200 square feet does not. As described above, the overall plan for
the site is consistent with this standard in that it appears to be a primary building with a
detached secondary structure or outbuilding.
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3. Buildinf( Elements,
The entry door shall
face the street and be no
more than tenfeet (10'0'~
backfrom thefrontmost wall
of the building. Entry doors
shall not be taller than eight
feet (8'0".)
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Staff response: The rear building has been designed to have it's entry on the east side of
the building. Presumably the building will be accessed from the alley rather than by
approaching it from West Smuggler.
4, Windows, .Street facing windows
shall not span through the area where a
second floor level would typically exist,
which is between nine (9) and twelve
feet (12) above the finished first floor.
For interior staircases, this measure-
ment will be made from the first land-
ing if one exists. A transom window
above the main entry is exempt from
this standard.
"No window zone"
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All street facing areas with an exterior
expression of plate height greater than
ten (10) feet shall be counted as two
(2) square feet for ea9h one (1) square
foot of floor area. Exterior expression
shall be defined as facade penetrations
between nine (9) and twelve (12) feet
above the level of finished floor.
Staff response: There are two windows on the front of "Unit A" which face the street
and fall into the "no window zone." Staff does not find that they meet any of the review
standards for a variance. If a variance is not granted, they must be eliminated or the
applicant may elect to take a floor area penalty.
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ATTACHMENT 1
LAND USE APPLICATION FORM
1. Project name 6ft; NEST FAAj..j'::':I~ 5T~
2. Project location LC-rb p ~ :) : e,~Oc,"', 1-':1 : U-r-( i "l'O.....lN,?!7c. 0:::' A.SPe:..~
A,'f,f., - r:;/f; :.-..\~"J-r F';?A-4C,1-=, e>~E-'T
(indicate street address, lot and block number or metes and bounds description)
4. Lotsize (p,OCJO'S.r,
3. Present zoning 1<..' U
5. Applicant's name, address and phone number c..H";':::\5\bP\-,\!:.\z" l-7'e.Wlt:\T
~O. Box.. '2:-;~~ - ~...,J...L~6 67ANiA" ~~, CA. qI2.0~:"..'2..5~-::'
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6. Representative's name, address, and phone number 5'\Aj-..!,. ""l4'T'f:I!;
-=-:Sl~ COAL c.t<UlfJ ciP-,c:.I.L, 1..J.lref/~W COLDr<AOO ~oqll.'tI'i.541''!7Io6
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7. Type of application (check all that apply):
Conditional Use
Special Review
8040 Greenline
Stream Margin
Subdivision
GMQS allotment
View Plane
Lot Split/Lot Line
Adjustment
Conceptual SPA
Final SPA
Conceptual PUD
Final PUD
Text/Map Amend.
GMQS exemption
CondominiumizationL
Conceptual HPC
Final HPC
Minor HPC
Relocation HPC
Historic Landmark
Demo/Partial Demo
Design Review
Appeal Committee
8. Description of existing uses (number and type of existing structures,
approximate sq. ft., number of bedrooms, any previous approvals granted to the
property) Z.Oe.jAc.HED 1'<C<5!t.1e:Mct::.'=> ON A ctlOOO 6.F. l-OT- "COMI:>!/..lt:o fCO'TPiUI-tT
of '2l0~1 ?;!':t - LA~e. ~~[i'er-la 15.APl"f:.O"~OOO e,.r. 1414- E;>t>r<.M?-
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10. Have you completed and attached the following?
;,{ Attachment 1- Land use application form
::K Response to Attachment 2 .
K Response to Attachment 3
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ASPEN PLANNING & ZONING COMMISSION
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..JECEMBER 14.1999
Bob Blaich opened the special meeting at 4:30 p.m. held in Plaza I with Roger
Hunt, Steven Buettow, Tim Mooney and Ron Erickson. Roger Haneman arrived at
4:45. Jasmine Tygre was excused. Staff present: Amy Guthrie, Chris Bendon,
Sarah Oates and Joyce Ohlson, Community Development; John Krueger, Parks;
Nick Adeh, City Engineer; Jackie Lothian, Deputy City Clerk.
DECLARATION OF CONFLICTS OF INTEREST
None declared.
MINUTES
MOTION: Roger Hunt moved to adopt the minutes of 16 November
1999 and 7 December 1999. Ron Erickson second. APPROVED 5-0.
PUBLIC HEARING:
518 WEST FRANCIS. HEWITT - 3 VARIANCES OF THE RESIDENTIAL
DESIGN STANDARDS
Bob Blaich opened the public hearing and requested proof of notice; notice was
provided. Amy Guthrie stated that this was a 6,000 square foot lot with 2 non-
conforming buildings slated for demolition and re-development She said that
there would be 2 new single family houses built
Guthrie stated that the houses were proposed with the secondary mass and met the
intent of the guidelines. She said that in the guidelines it was stated that all
entryways face the street Guthrie explained that the secondary unit did not face
the principal street
Guthrie said that the request for a variance from the window standard was not
needed. She stated that there were 3 variances requested CD Build-to lines; @
Secondary Mass; @ Building El~ments.
Roger Hunt asked about a walkway from the unit to Francis Street. Stan Mathis,
representative for the applicant, Chris Hewitt, said there would be some sort of
walkway to the street Blaich asked if the walkway paralleled the property line to
the street Hewitt responded that was correct
Ron Erickson asked if3,240 square feet was the total square footage of both units.
Mathis replied that it was. Blaich asked ifthis was a spec house. Hewitt replied
that it was but he may keep one of the units for himself.
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ASPEN PLANNING & ZONING COMMISSION
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.JECEMBER 14. 1999
Mathis stated that the structure that was currently there took up about 3100 square
feet of the property. Blaich said that the garages would be an improvement for the
parking problem in that neighborhood.
No public comments.
MOTION: Roger Hunt moved to approve Resolution #99-42 for the
variances from the residential design standards for 2 residences to be
located at 518 West Francis: CD Build-to lines; @ Secondary Mass; CID
Building Elements but not the windows variance, finding that the
criteria have been met with all representations from this hearing. Tim
Mooney second. APPROVED 6-0.
Blaich commented that the current structure housed a lot of people and hoped that
they would be given plenty of notice for relocation. Hewitt said the demolition
would be the 1 sl of April and everyone will be noticed. '
Blaich noted that there were several houses in the neighborhood that were under
construction and parking was a problem with 15 - 20 trucks and cars at anyone
location. He mentioned that the Meadows parking lot was only a few blocks away
and maybe some arrangements could be made.
PUBLIC HEARING:
ALPINE COTTAGES
Bob Blaich opened the public hearing. Sarah Oates, staff, introduced Tim Semrau,
the applicant and provided the notice.
Oates stated that the lot was 5,192 square feet located behind the newly completed
Alpine Cottages Affordable Housing. She said that the house was to be 2,653
square feet, which was within the FAR of3,OOO., She stated that there was to be a
secondary mass comprised of 10% of the above grade square footage. Oates stated
that there was a designated building envelope, the memo was in error.
Oates said that since the proposed house was a single mass, staff did not feel that
the plans met the 3 criteria. Semrau agreed with the theory of the, new design
guidelines on secondary masses especially in the West End with long thin lots and
alleys. He said he did not think that this ordinance was designed for this lot in the
East End. He summarized that the building envelope was only 1,800 square feet;
when the PUD was done there was a trail easement to get to Snyder Park and a 10
foot utility easement on the other side for the affordable units. He said the free
market lots were as small as possible and still allowing it to work. Semrau stated
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Memorandum
TO:
Design Review Appeal Committee
Jrure Ann Woo,", Co,"nn.,;<y D'wlopm,", Dh=tm {}vJ"
Joyce Ohlson, Deputy Planning Director f ,..-
Amy Guthrie, Historic Preservation Officer
THRU:
FROM:
DATE:
December 14, 1999
RE:
518 W. Francis Street- Appeal from Design Standards relating to
"build-to line," "secondary mass," "building elements," and "windows"
SUMMARY: The subject property currently contains two detached dwelling units,
which is a non-conforming use since the lot is less than 9,000 square feet. The existing
buildings will be demolished and replaced as allowed by the land use code, in a
traditional primary building and carriage house configuration.
The applicant requests a waiver of the Residential Design Standards related to "build-to
line," "secondary mass," "building elements," and "windows."
APPLICANT: Christopher Hewett, represented by Stan Mathis.
LOCATION: 518 W. Smuggler Street, Lots P& 0, Block 27, City and Townsite of
Aspen,
ZONING: R-6.
PROJECT REVIEW PROCESS AND STAFF EVALUATION
Background: The proposed project is two new single family houses on a 6,000 square
foot parcel. The development will be limited to the floor area that would otherwise be
allowed for a single family house; 3,240 square feet.
Site Description: The property is flat and located in the West End, adjacent to several
historic buildings. Existing parking in front of the house will need to be removed as part
of the redevelopment of the site. The applicant must note that two on-site parking spaces
will be required for each unit and it appears that the parking area at the rear of the site
may have to be revised to provide a fourth space.
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ATTACHMENT 1
LAND USE APPLICATION FORM
1. Project name 5ft? Ne~'T F,G;,Af-../':::io 6T~
2. Project location L.eie:, P ~ 0 : ~;.O:J~, 1--; , u-..,- 6 m.-.iN'?lTt::. ot:- h'::>PE."-i
A'f,,Ii., - 15/t? k\~~'" ;:~4~i.;;. S~:;.""
(indicate street address, lot and block number or metes and bounds description)
3. Present zoning R: U
4. Lotsize CP,OOQ 'S.~,
5. Applicant's name, address and phone number G1-t::::!~:-rbP'-1!:.\2.. ~~';:.WC"1"T
. :-:;0. Box... ~;~,"; - rv~N~6 -S7A,~7A, ~t:., CA. q,,-O~~..~~~-:z.
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6. Representative's name, address, and phone number -=-"Tt.Jl ""t-L.T:41e;
-:.?!~ C€>AL ct<Eth C/P,C,U:', l,J,icefl~~ COL.Dr<.A!:JO p->:;:p,!I'11~.54'?'?f1oe
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7. Type of application (check all that apply):
Conditional Use
Special Review
8040 Greenline
Stream Margin
Subdivision
GMQS allotment
View Plane
Lot Split/Lot Line
Adjustment
Conceptual SPA
Final SPA
Conceptual PUD
Final PUD
Text/Map Amend.
GMQS exemption
CondominiumizationL
Conceptual HPC
Final HPC
Minor HPC
Relocation HPC
Historic Landmark
Demo/Partial Demo
Design Review
Appeal Committee
8. Description of existing uses (number and type of existing structures,
approximate sq. ft., number of bedrooms, any previous approvals granted to the
property) Z.DE:.1;1..'-'HED l"tolOe:r1Ce:,=:> ON A (0000 5.!': t..OT- 'COMI3If.leD F~gT
o~ 210 e>1 ?n - LA~e. l!:~De/-.la /5 API'~"~OO<:> ;).t; 1414- l?DIQ1? -
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9. DeSCription of development application
"1t!l:..APPi..ICAN1' 1"::> /<CQ.UE:.'b1'INC, :t>.. !<..,.':lIt?i:J..Ii\,b.;L PE'-oICtt..r ~TA~t4:>.~? V.6,rz.JAf..l.GE fOr<.. '
ol-le:. OF -r1-lE1- ~::>,*F.:l:::> t:>~l"I~~~ 7'0 12>1: Coi-l<;1'1tlJCrre.I?GN 11+~ eVP->jUT
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10. Have you completed and attached the following?
)( Attachment 1- Land use appiication form
X Response to Attachment 2 .
K Response to Attachment 3 '
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ASPEN/PITKIN
COMMUNITY DEVELOP:I<IENT DEPARTMENT
Aareement for Pa,,'ment of Citv of .),.~pen Development -\onlicnrion Fees
CITY OF ASPE'i (hereinafter CITY) and -C tJ-.,;L "oQI.ttJ"'L ~ 'k",,,'\
(hereinarrer .';PPLIC.-\NT) AGiliE .-\S FOllO\',' $:
I. A,PPL!C.\~T has 5ubmined to CITY an application tor
5'\'b I/ofi:ST ~=5
(heremafter. THE PROJECT).
~ A?PLICA'iT understands and agrees that Cty of Aspen Ordinance No. -19 (Series of 1998)
establishes a fee strUcture for land Cse applications and the payn:ent of all processing fees is a condition precedent
to a determination of appiicadon completeness.
._ AP?LICA~T and CiTY agree that because ofth~ size. nature or scope of the proposed project. it
is not possible at this time to ascertain the full extent of the COSts involved in processing !he appiictltion,
APPLICANT and crTY further agree !hat it is in !he interest of the parties that .-\PPUCA'iT make payment of an
initial deposit and to thereafter pemlt addidonal costs to be billed to APPUC.-\'iT on a monthly basis.
APPLICANT agrees additional costS may accrue following their hearings and'or approvals. A?PLICA'iT agrees he
will be benerited by retaining greater cash liquidity and will maj..:~ Jdditional payments upon notification by the
CITY \V'hen they are necessary as costs are incurred. CITY agre~s it will be bene~ited through the greater certainty
of recovering its full costs to ?rocess ..;PPLICA;>iTS application.
4. CITY and .';PPLICANT further agree that it is impracticable for CITY staff to complete
processing or ?resent sufficient intonnation to the Planning Commission andlor City Council to enable the Planning
Commission andior City Council to make legally required tindings for project consideration. unless current bi!lings
are paid in f~ll prior to decision.
5. Therefore. APPLICANT agrees that in consideration of the CITY's waive=- of its fight to collect
f~ll fees priLl to a determination of application completeness. APPLICANT shall pay an initial deposit in the
amount ofS u,(). elf) which is for "!> hours of Community Development staF. time. and ir" actual
recorded costs exceed the initial deposit. APPLICANT shall pay additional monrhiy billings to CITY to reimburse
the CITY for the processing of the application mentioned above. including post approval review. Such periodic
payments shall be made within 30 days of the billing date, APPLICANT further agrees that failure to pay such
accrued cOStS shall be grounds for suspension of processing, and in no case will building permits be issued umil all
costs associated with case processing have been paid.
CITY OF ASPEN
APPLlCA:'iT
By:
,<.;- tL.- eJ:Pv
~' ie Ann Woods
.. ommunity Development Director
By: (O~
Date: -' ( />> /Cf9
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Mailing Address:
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1'10. (j0
WARRANTY DEED
THIS OEED, made this 03 day of NOVEMBER
.1999, between 518 W. FRANCIS L.P.. A COLORADO LIMITED PARTNERSHIP
OF THE COUNTY OF, STATS OF GA
GRANTOR, AND CHRISTOPHER HEWETT
GRANTEE
whose legal address is
PO BOX 2577
RANCHO SANTA FE, CA 92607
COUNTY OF , STATE OF CA
WITNESSETH, That for and in consideration of the sum of ten dollars
and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the grantor has granted, bargained, sold and'
conveyed, and by these presents does grant, bargain, sell and convey and
confirm unto the grantee, his heirs and assigns forever, all the real
property together with improvements, if any, situate and lying and being in
the county of PITKIN, State of COLORADO, described as follows:
LOTS 0 AND P,
BLOCK 27,
CITY AND TOWNSITE OF ASPEN.
TOGETHER with all and singular the hereditaments and appurtenances
thereto pelonging, or in anywise appertaining, and the reversion and
reversions, remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the grantor
either in law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,
with the appurtenances, unto the grantee, his heirs and assigns forever.
And the Grantor, for himself, his heirs and assigns, does covenant, grant,
bargain, and agree to and with the Grantee, his heirs and assigns, that at
the time of the ensealing and delivery of the presents, he is well seized of
the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey
the same in manner and form as aforesaid, and that the Same are free
and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature
soever, except those matters as set forth on Exhibit "A" attached hereto
and incorporated herein by reference.
The grantor shall and will WARRANT AND FOREVER DEfEND the above bargained
premises in the quiet and peaceable possession of the grantee, his heirs
and assigns, against all and every person or persons lawfully claiming the
whole or any part thereof. The singular number shall include the plural,
the plural the singUlar, and che use of gender shall be applicable to all
genders.
~~
518 i. FRANCIS L.P., A COLORADO LIMITED
PARTNERSHIP
STATE OF ~o Ie "0. Jo )
COUNTY OF p/+-k; l'\." ) SS.
this 3, day of No II .
PARTNERSHIP BY
T
The foregoing instrument was acknowledged before me
19 ~t, ' by $18 W. FRANCIS L.P., A COLORADO LIMITED
.:-f'-'A Fi'. C;f"JrG....""~..:.nA as General r.r n.er , .0
WITNESS my hand and official seal f".
my commission expires:
Charlotte o. u,y/Notaly Public
My Comml06ion .):p1re~ 61231200'2
601 Eut Hopkin.
,e.:pen, ColOrado B11511