HomeMy WebLinkAboutLand Use Case.322 Park Ave.A19-97
CASF~D SUMMARY SHEET - CITY OF-jPEN
DATE RECEIVED: 3/14/97
DATE COMPLETE:
PARCEL ill # 2737-181-58-001
CASE # A19-97
STAFF: Chris BendoD
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Frenzel Special Review 0: vr,{, 1}(j ~",pfic'''''1
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319/329 Park Ave Aspen. Co.
Otto N. Frenzel
11330 Templin Rd. Zionsville. Tn 46077
same
PROJECT NAME:
Project Address:
APPUCANT:
AddresslPhone:
OWNER:
AddresslPhone:
REPRESENTATIVE: William B. Campbell
AddresslPhone: 175 Big Hat Road. Basalt, Co 81621
RESPONsmLE PARTY: Applicant
Other Name/Address:
FEES DUE
PLANNING
ENGINEER
HOUSING
ENV HEALTH
CLERK
TOTAL
FEES RECEIVED
$1080 PLANNING $1080.
$110 ENGINEER $110.
$0 HOUSING $
$0 ENV HEALTH $
$ CLERK $
$1190. TOTAL RCVD $1190.
# APPS RECEIVED 15
# PLATS RECEIVED 25
GIS DISK RECEIVED:
TYPE OF APPLICATION
One Step
P&Z
CC
CC (2nd readin )
REFERRALS:
D City Attorney
. City Engineer (DRC)
D Zoning
D Housing
D Environmental Health
.. Parks
111 Irl 311~
DATE REFERRED: ~
o Aspen Fire Marshal
t\ City Water
o City Electric
o Clean Air Board
o Open Space Board
o Other: ltl-\
INITIALS:~
D CDOT
... ACSD
D Holy Cross Electric
D Rocky Mtn Natnral Gas
D Aspen School District
D Other:
DATE DUE: h
APPROVAL:
ordinancelResolutionl~~
Staff Approval
Plat Recorded:
Date: &.~. 19-
Date:
Book , Page
CLOSEDIFILEDt1o ~ATE~~ lNlTIALs,:OkvJ
ROUTE TO: 11~ ()
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,.0: e.hrls eendon, "'Janner
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&US.JEC,.: Frenzel, ord. SO. revision!'>
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En<:olo&ed are t.he revisions to t.he Ordinanc:.e ~o e.ubmle&fon for
t.he plrenzelllle&ldenc:.e whlc:.h will bring t.he proJec:.t In c:.ompllanc:.e
wft.h eec:.t.lon :U,.9&.040(A)(:Z). V\e have added a major 6t:.reet:
fac:.lng window at. t.he studIo f1vlng room and c:.hanged t.he roof t.o
c:.over t.he ent.ry now loc:.ated on t:he Eas.t Sofds.
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
THRU:
Stan Clauson, Community Development I?!r~tor
Julie Ann Woods, Deputy Director ~~'
Christopher Bendon, Planner ~
Frenzel Special Review and Residential Design Standards Waiver.
329 Park Avenue
FROM:
RE:
DATE:
May 28, 1997
SUMMARY:
The applicant, Otto Frenzel, is requesting Special Review approval for essential
development in the no development area established by Stream Margin Review,
and is requesting the Planning and Zoning Commission act as DRAC and grant
variances from the Residential Design Standards addressing parallel orientation to
the street, garage setback. a street facing window, and a one story street facing
element.
Staff recommends approval of the Special Review to install a sanitary sewer
line and granting a variance from the Residential Design Standards
concerning parallel orientation to the street, with conditions. Staff
recommends denial of the variance requests for the garage setback, street-
facing principal window, and one-story street-facing element.
ApPLICANT:
Otto Frenzel. Represented by Bill Campbell, Architect, and Chuck Brandt,
Attorney.
LOCATION:
329 Park Avenue.
ZONING:
R-6. Medium Density Residential.
FAR:
3,732 square feet proposed.
CURRENT LAND USE:
Vacant
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PROPOSED LAND USE:
Single-Family home with a detached ADU (approved)
PREVIOUS ACTION:
The Commission approved the Stream Margin Review March 4, 1997, and the
Conditional Use for an ADU on April I, 1997, both with conditions.
REVIEW PROCEDURE:
Special Review. The Commission shall approve, approve with conditions, or
disapprove the application at a hearing.
Design Review Standards. The Design Review Appeals Committee may grant
relief from the Residential Design Standards or any part thereof. If the
development application includes a review by any other board, that board may act
as the Design Review Appeals Committee and consider variances at a public
hearing that has been noticed by posting the property at least five days in advance.
BACKGROUND:
The applicant established a top-of-slope through Stream Margin Review with the
Planning and Zoning Commission. The City of Aspen prohibits development
below or within fifteen (15) feet of this top-of-slope unless it is considered
essential and approved through Special Review. The development in question, to
repair and/or replace a faulty sanitary sewer line, is considered essential.
FINANCIAL IMPLICATIONS:
The sewer line is private and no public costs are expected with its replacement.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit "B." The application has been
included as Exhibit "C."
The applicant has discussed the best approach to replacing this sewer line with the
City Engineering Department and the Sanitation District. Chuck Roth of the City
Engineering Department and Tom Bracewell of the Sanitation District agree that
of the several sewer line alternatives, replacing the existing line along its present
alignment is the best approach. Please refer to e-mail from Chuck Roth, Exhibit
. "B."
The applicant has already completed a Line Extension Request and a Collection
System Agreement as required by the Sanitation District. The applicant must still
place funds in escrow to cover the costs of engineering, construction observation, .
and televising. Tap fees are also required before a building permit. Please refer to
April 10,1997, letter from Tom Bracewell, Aspen Sanitation District, Exhibit "B."
2
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RECOMMENDATION:
Staff recommends approval of the Special Review and granting a variance of
Residential Design Standard requiring the building's parallel orientation to the
street, with the following conditions:
1, The applicant may repair and/or replace as necessary the sewer service
line below or within fifteen (15) feet of the top-of-slope established as
elevation 7,935. This approval shall not be considered approval of any
other development in this designated area and shall not alter the
approved setbacks and height requirements established by the elevation
7,935 top-of-slope.
2. Pursuant to Section 26.68,040(B)(5), the applicant shall provide a plan
addressing pOllution or interference with the natural changes of the river,
stream or other tributary, including erosion and/or sedimentation during
construction before issuance of any permits.
3. Before digging for the sewer line, the applicant shaU place construction
fencing along the areas of planned disturbance to the approval of the
Zoning Officer, the Parks Department, or the City Engineering
Department. This fencing should be placed to minimize the impact of
construction on the native vegetation in this no development zone. All
development and construction required for the repair and or replacement
of the sewer line shall be limited to within the fenced area, regardless of
construction technique, Failure to obtain approval of the construction
fencing placement before digging shall at least be considered grounds for
a stop work order.
4, The owner shall revegetate all areas disturbed by the sewer line
construction, Only native species shall be used.
5, A tree removal permit shall be required for the removal or relocation of
trees as per Section 13,20,020 of the Code.
6, Prior to issuance of a building permit, applicant shall comply with all
standards of Section 26,58. Residential Design Standards, except
Standard 26,58,040(A)(1). This will allow the buildings to be non-parallel
to the street,
7, Prior to issuance of a building permit, the applicant shall place funds in
escrow with the Aspen Sanitation District to cover the costs of the District
Engineer, construction observation, and to televise the completed line
extension.
3
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8. Prior to issuance of a building permit, the applicant shall complete a tap
permit and shall pay all connection charges due to the Aspen Sanitation
District.
9, Prior to issuance of a building permit, the applicant shall delineate and
note any access and sanitary sewer easements required by the
Sanitation Department on the final plat.
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.
Staff recommends denying the request to vary Residential Design Standards
related to the garage setback, street-facing principal window, and one-story street-
facing building element.
RECOMMENDED MOTION:
"1 move to approve the Special Review for essential development below or within
fifteen(15) feet of the top-of"slope and to grant a waiver of Residential Design
Standard 26.58.040(A)(1), allowing the buildings to be non-parallel to the street,
finding that such variance is clearly necessary for reasons of fairness considering
unusual site specific constraints, with the conditions listed I-lOin the Staff memo
dated May 28, 1997, and to deny the request to vary Residential Design Standards
related to garage setback, street-facing principal window, and street-facing one-
story building element, for the Frenzel Residence, 329 Park Avenue."
ATTACHMENTS:
Exhibit "A" -- Review Criteria and Staff Findings
Exhibit "B" -- Referral Agency Comments
Exhibit "c" -- Application
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EXHIBIT A
26.64.040 Review Standards for Special Review
No development subject to Special Review shall be permitted unless the Commission
makes a determination that the proposed development complies with all standards and
requirement set forth below.
D. Hallam Lake Bluff ESf. encroachment into fifteen-foot setback from top
of slope or height limit. Whenever a special review is for development above or
below grade within the fifteen-foot setback from top of slope as identified on a
site specific section drawing or above the height limit established by the ESA, the
development application shall be approved only if the following conditions have
been met:
1. A unique condition exists on the site where strict adherence to the top of
slope setback will create an unworkable design problem,
Staff Finding:
The applicant must connect to the sewer service line. The line is also in need of repair and the
most sensible time to replace it is during construction of the house. Because much of this
service line is within the no development area designated through the Stream Margin Review,
the applicant must obtain approval through Special Review, Staff considers this development to
be essential and appropriate for Special Review. Strictly adhering to the no development within
the top of slope would not allow the owner to remedy the faulty service line, and would be in
direct conflict with the health, safety. and general welfare of the community.
2. Any intrusion into the top of slope setback or height limit is minimized to
the greatest extent possible.
Staff Finding:
Stream Margin Review was established specifically to protect Aspen's riparian ecosystems.
Native vegetation is very important is maintaining these ecosystems, The applicant should be
required to place construction fencing along the areas of planned disturbance to the approval of
the Zoning Officer, the Parks Department. or City Engineering before digging. This fencing
should be placed to minimize the impact of construction on the native vegetation in this no
development zone. The applicant should then be required to work within the boundaries
established by this fencing which may require the applicant to employ construction techniques
such as trench boxing depending upon the placement of this fencing. The Commission should
make this a condition of approval.
3. Other parts of the structure or development on the site are located
outside the lop of slope setback line or height limit to the greatest extent
possible,
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Staff Finding:
The applicant has an established no development area and a height restriction based on a
top of slope determined through Stream Margin Review. If approved, this Special
Review approval will be specifically for the replacement of the sewer service line and
will not affect the setback line or height of the house.
DRAC Standards for Granting a Variance
The following standards will be used by he Design Review Appeal Committee
when granting variances from the "Residential Design Standards." The project as
proposed must be found to meet one of the following:
a) yield greater compliance with the goals of the Aspen Area
Community Plan; or,
b) more effective method of addressing standard in question; or,
c) be clearly necessary for reasons of fairness related to unusual site
specific constraints,
The applicant's proposed development is not in compliance with the following
Residential Design Standards:
26.58.040(A)(1) The orientation of the principal mass of all building must
be parallel to the road. On curvilinear streets, the principal mass of all
buildings must be [parallel to the] tangent of the midpoint of the arc.
26.58,040(A)(2) All single family homes must have a street-oriented
entrance and a street.Jacing principal window, (b) A street.Jacing
principal window requires that a significant window or group of windows
of a living room, dining room, or a family room face the street.
26.58.040(A)(3) For single family homes and duplexes with attached
garages or carports, the garage must be set back at least ten (10) feet
further from the street than the house.
26.58.040(B)(1) All residential buildings must have a one-story street
facing element the width of which comprises at least twenty (20) percent of
the building's overqll width.
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Chuck Roth, 04:00 PM 13/5/97, Frenzel A Iication for Work 0
X-Sender: chuckr@comdev
Date: Tue, 13 May 199716:00:30 -0600
To: chrisb@aspen.co.us
From: Chuck Roth <chuckr@aspen.co.us>
Subject: Frenzel Application for Work Outside Approved Building Envelope
Cc: nicka@aspen.co.us
I made a site visit this afternoon with Tom Bracewell of the Sanitation
District. One of the alternatives was to extend a line through Garrish
Park. That alternative did not appear to be a good one because of the
damage that would have occurred to undisturbed, native vegetation. The
request to install a new sewer line in the alignment of the existing sewer
service from the Bibbig residence appears to be the best alternative.
Depending on precise construction plans, it does not even appear that any
native, riparian vegetation would be damaged or compromised. The applicant
should be required to place construction fencing at the proposed limits of
disturbance. The construction fencing location should be witnessed and
approved by someone. If the proposal is too close to riparian vegetation,
the applicant should be require to work from the other side of the alignment
and to employ construction techniques such as trench boxes to reduce the
width of construction.
IPrinted for Christopher Bendon <chrisb@aspen.co,us>
11
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Bill Campbell
175 Big Hat Road
Basalt, CO 81621
Charles Brandt
Holland & Hart Attorneys
600 East Main Street
. Aspen, CO 81611
Aprilll, 1997
Re: Frenzel Special Review
Dear Sirs:
r-.\
The City Engineering Department and the Development Review Committee (DRC) have
recommended that this application not be considered complete until more detailed
information is presented. The hearing with the Aspen Planning and Zoning Commission
was originally scheduled for April 15, 1997. I have tabled this hearing until which time I
have assurance from the DRC that the technical aspects of this request have been
addressed and that the next level of review is appropriate.
If you have any questions regarding my position on this case, feel free to contact me.
920.5072. If you have technical questions, please contact Tom Bracewell at the Aspen
Consolidated Sanitation District, 925.3601, or Chuck Roth at the City Engineering
Department 920.5080.
Thanks,
Christopher Bendon,
City Planning
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7/spen Consoli'dafedr5anzlafion 7)zsfricf
565 North Mill Street
Aspen, Golor.do 81611
T'
,
Tele. (970) 925-3601
SyKelly . Chairman
Albert Bishop . Treas.
Louis Popish. Secy. '
FAX #(970) 925-2537
Michael Kelly
Frank Loushin
Bruce M.therly,Mgr.
April 10, 1997
Chris Bendon, Planner
Community Deve~opment
City of Aspen
130 S. Galena St.
Aspen, CO 81611
,
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RE: Frenzel Special Review
Dear Chris,
The Aspen Consolidated Sanitation District currently has sufflcient.collection and
treatment capacity to serve this, project. The District will continue to work with the
applicant'srepresentatives throughout the application process to ensure that service to
this property adheres to the District's Rules, Regulations, and Speeificationswhich are
on me at the District office. '
We are currently working with Mr., Frenzel to extend a main ACSD sanitary sewer, line
through his existing property on Park Ave. Into the proposed single family home' site,
which could serve the Bebigresidence as well as the two lots to the east in the future.
The applicant will be required to complete a "Line Extension Request" to serve the
property and execute a "Collection System Agreement, each of which will be reviewed
by the District's Board cif Director's at ,their regularly scheduled meetings. Easements
must be granted the District for the main line extension on standard District form.
Additional aCcess and sanitary sewerlineeasell1ents will be required from the
applicant to serve this property.
Funds must be placed into e,scrow with the District to cover the construction
observation expenses, the Dilltrict's cost to televise the completed line extension; anq
the cost of the District's engineer to prepare, review an approve the plan and profile of
the line extension.
A tap permit must be completed at our office when detailed plans become available.
Fees will be, estimated at that time. The total connection charges due the District,
must be paid prior to the issuance. of a buildirigpermit.
EPA Awards of Excellence
1976,1986.1990
Regional and N;.tiqnal
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, The applicant is encouraged to ~oIlta.ct our. office for iJ;lformation concerning main
s;;mitary sewer line and service line requirements and the location of the subsequent
connection to the public system. .
ThoroasR. . Bra.cewell
Collection Systems Superintendent
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MEMORANnu'M
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To;
Chris Bendon, Planner
Nick Adeh, City Engine~a
Chuck Roth, Project Engineer {!1?.
Thru;
From:
Date:
April 4, 1997
Re:
Frenzel Specilll Review
(Parcel ID No. 2737-181-58-001)
I have reviewed the above referenced application, and I have the follo~ng comments:
:"1. ' Improvement Sunrey - The application did not include an 'improvement survey. The
application submittal is incomplete without a dO~!lIIlent. that is specifically titled "improvement
survey" and that is wet signed and stamped by a slIl'Veyor regjstered to practice in Colorado. The
elate must be within the past 12 months. There is 'no ~y of knowing if the applicant is proposing
)0 construct on an existing easement.
, . '.
2. Sanitaty Sewer Construction - Any relocation and/or reconstruction of the sanitary sewer line
must meet the specifications of the Aspen Cohsol!dated Sanitation District. If the District
determines that slip lining or other construction techiriques can be used, the applicant shall be
required to employ those techniques. Detailed information is needed in order for the Engineering
Department to be able to comment completely on the project. We need !2llli1S showing the proposed
limits of disturbance, cross sections, pipeline alignment and profile, design and construction details,
tie-in's, and temporary sediment control and containment. The proposal is lacking sufficient
information for review, and the application should be considered incomplete.
M97.54
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Mr. Otto N. Frenzel, III
11330 Templin Road
Zionsville, IN 46077
April 1, 1997
Community Development Department
City of Aspen
130 South Galena Street
Aspen, CO 81611
Re: Frenzel Stream Margin and Conditional Use for ADU
Gentlemen:
This letter shall serve as authorization for Charles T. Brandt to serve as
my representative in connection with the referenced matters and any other land
use matter requiring City of Aspen approval.
Very truly yours,
c:7/~~
Otto N. F{{nze~, III
IONF
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March 31, 1997
Bill Campbell, Architect
175 Big Hat Road ~kt 1;1111
Basalt. CO 81621
Charles T. Brandt
Holland & Hart Attorneys ' r, {
600 East Main Street ~~ IJJ, ~ 17,91
Aspen, CO 81611
Re: Frenzel Residence, 329 Park Avenue.
Plans dated 3.11.97
Dear Bill and Chuck,
The Community Development Department has reviewed your client's application for
compliance with the "Residential Design Standards." After careful consideration we find
that the proposed residence is not in compliance with four of the criteria, They are:
Section 26.58,040
lj II
(A)(1)
(A)(2)(b)
(B)(1)
(F)(4)(c)
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Your options are to'amend the application or appeal Staff's finding to the Design Review
Appeal Committee (DRAC). If any other review is required by other provisions of the
Code, and that review determines that certain items of the Residential Design
Guidelines should be waived, then the applicant shall not be required to submit to
further review by the DRAC.
Sincerely,
Christopher Bendon
. Planner
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March 31,1997
. Bill Campbell, Architect
175 Big Hat Road ~~ 1Jt11{
Basalt, CO 81621
Charles T. Brandt
Holland & Hart Attorneys ' r: I (
600 East Main Street ~W 1/1. ~ 1;ll1
Aspen, CO 81611
Re: Frenzel Residence, 329 Park Avenue.
Plans dated 3.11.97
Dear Bill and Chuck,
The Community Development Department has reviewed your client's application for
compliance with the "Residential Design Standards." After careful consideration we find
that the proposed residence is not in compliance with four of the criteria. They are:
~~ Section 26.58.040 (A)(1) _~tD"~~
~~tb' -A~ :: :: ~~m(b) -=~~~
" (F)(4)(C)_~ ~ ~/O'
Your options are tO'amend the application or appeal Staff's finding to the Design Review
Appeal Committee (DRAC). If any other review is required by other provisions of the
Code, and that review determines that certain items of the Residential Design
Guidelines should be waived, then the applicant shall not be required to submit to
further review by the DRAC,
Sincerely,
Christopher Bendon
, Planner
MAR-05-1997 17: 18 FROM ASPEN/f'lTKIN COM l)!::V
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ASPEN/PITKIN
COM:MUNITY DEVELOPMENT DEPARTMENT
A,cTeement for ~ment of, Ch;y o( ~pen ~velopment Applieation &ti.
CITY OF ASPEN (hereinafter CITY) and CJ \'t2 W. T~~
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLiCANT has submitted to CITY an application fpr
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(l1ereinaftel", HE PROrnCT),
2, APPLICANT understands and agrees that Cit>, of A.spt':n OrrliOlmr.p.
No. 53 (Series of 199.5) establishes a fel: structure for Planning applications and
the payment of all processing fees is a comiilion prect:Utml to a deLl;:l'Juiualiol\ of
application. completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at tl1is time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billid to APPLICANT on a monthly basis, APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by thp, CTTY when they are nece~~ary as CO!lt~ are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
c~lli lU pn)ct:s~ APPLICANT'S application.
4. CITY IIn(l A 'P'PUC: A NT fllfrhM llgrl'P. th::tt it is imrf~cticahle for
CITY staff to complete processing or present sufticient information to the
Plannin& Commission aOO/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval. unless
current billings 'are paid in full prior to decision.
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5, Therefore, APPLICANT aifees that in consideration of the CITY's
waivor of ita riaht1'o 9t)llect fullfee.1l prior to a determination of application
completeness, APPUCANT shall pay an iDitial deposit in the amount of $...l.i1.0
wbich is for\cJa,. hollrs of planning staff time, and if actual rccorcied costs exceed
the initial deposit. APPUCANT shall ~ay additional monthly biUinp to CITY to
reimburse t1ie CITY for the processmg of the application mentioned above,
mch"f;"g post approval review. Such periodic payments shan be ri:tade within 30
days of tbe bi:'l date. APPLICANT further al1'ees that failure to pay such
acCtIIeC1 costs be 1f0000s for sUlSpeJJ.liiion of prOCClsi'll.
CITY OF ASPEN
APPLICANT
By: "-'.. -
lausiJD
CommuDity Development Director
By: 0# 1Ig~~_
Date: ')- \ \. ~l.
MaiUng Addres5~
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
Chris Bendon, 920.5072
DATE: 3.5.97
PROJECT;
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
Frenzel Special Review
Bill Campbell
Otto Frenzel
Special Review
As required in Stream Margin Review, Special review approval is needed for development
deemed essential below, or within IS' of, the top-of-slope.
Land Use Code Section(s)
26.64,040(0) Special Review conditions for development in no-development zone
. Review by:
Public Hearing:
Referral Agencies;
Planning Fees:
Referral Agency Fees;
Total Deposit:
Planning and Zoning Commission (one-step)
No
Engineering, Parks, Water, ACSD
Planning Deposit Minor ($1080)
Engineering, Minor ($110);
$1190 (additional hours are billed at a rate of $1 80/hour)
To apply, submit the following information: Excepting #'s:
I, Proof of ownership
2, Signed fee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
. current certificate from a title insurance company, or attorney licienced to practice in the State of Colorado,
listing the names of all owners of the property, and all morgages, judgements, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5, Total deposit for review of the application
6, _15 Copies of the compiete application packet and maps,
PZ = 10; GMC = PZ+S; CC = 7; Referral Agencies = Ilea.; Planning Staff= I
7, An 81/2" by II" vicinity map locating the parcel within the City of Aspen.
8, Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licienced 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.)
9, A writen description of the proposal and an explanation in writen, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
10, Copies of prior approvals
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ATTACHMENT 1
LAND USE APPLICAnON FORM
1, Project name ~--w~ ~~V,j~
2, Project location 3 /3 L..! f> 4\.J . f~ ~ I W
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(Indicate street address, lot and block number or metes and bounds description)
3, Present zoning Y2.. c.o 4, Lot size . ~ \ L ~
'5. App.licanfs name, address and p.,ho,nt nYtrlber~ U. m1-J.:tEL.
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6:11. ~epre..ntatlvn Nlme, address. and pl10ntl nUIR~~ LU I.~ P:. , ~\fl{3.~
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1, Type ofappllcaticn (cheok all that apply):
Conceptual SPA _ Conceptual HPC
Final SPA Final HPC
Conceptual PUD _ Minor HPC
Final PUO R"looatlon HPC
-
TexUMap Amend, _ Historic Landmark
GMQS exemption DemolPartlal DllTla
condomlniumlzatlon~ Dellign Review J?~.
, Appeal Comrnitteel ~ v
- Conditional Use
)1. Special Rovlew
- 8040 Greenllne
- Stream Margin
- Subdivision
- GMQS allotment
- VIew Plane
- Lot SplltlLot Line
Adjustment
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8. Description of existing uses (number and type of existing structures,
approximate sq, ft., number of beclrooms, any previous approvals granted to the
property) V~T LoT
9. Deacrlptlon of c1evelopmenhpplicatlon -:;(,)ec...<, ~ \4....::vl~ 1'"0
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10, Have you completed IInd IIttached tho following?
y'5 Attachment 1. Land use application form
Y.. 6t Reaponse to Attachment 2
Y.t:=S Reaponae to Attachment 3
~ C~M~pE~L ARCHITECT
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11S30 Templin Road
Zlcln8VIII8, IN 4OW7
317.873.6360
917
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To whom it may conoem:
William S, Campbell, Architect PC, 175 Big Hat Rei.. BsaaJt. CO 81ll21-9776, 927-4425, is my
repreaente;we In maltIlrs conl:eming the property described In tho a=mpanying IlneIOBU..... e!'ld Iooaled
Ql\ Park Av.(nlM'llber unassigned), Aspen, CO,
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CERTIFICATE OF OWNERSHIP
Pitkin County Title, !nc., a duly licensed Title Insu~ance Agent in the
State of Colorado hereby certifies that OTTO. N. .numZEL, II! AND MARY ANN
FRENZEL is the owner in fee simple of the following
described p~rty:
AS SET FORTH IN DEED RECORDED JANUARY 15, 1997 AS RECEPTION NO. 400916
ATTAClmD HERETO.
COUNTY OF PITKIN, STATE OF COLORADO.
Subject to encumbranees, easements and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PI
, INC.
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PROJECT: Frenzel Property, Special Review
LOCATION: 319/329 Park Avenue
Representative: Bill Campbell
OWNER: Nick Frenzel
SUMMARY EXPLANATION:
The lot is vacant land zoned R-6 PUD. The owner plans to build a single family residence with an accessory
dwelling unit and desires to replace the existing sewer line which runs through the required 15 foot set
back established by Stream Margin Review.
REVIEW STANDARDS:
26.68..040 D
1. A unique condition exists on the site where an existing sewer line runs through the mandatory set back
( see attached site plan). The line broke earlier this year and prior to construction of the residence the
Owner wishes to replace the plastic line with ductile iron class 50 or PVC SDR 35.
2. Intrusion into the top of slope setback will be minimized to the greatest possible extent. A construction
fence will be placed at the top of slope Erosion and sedimentation will be mitigated by on site containment
and straw bale fitters.
3. The only development purposed in the set back is the sanitary sewer line. Other structure or
development on site will be located outside of the top of slope set back line and height limit.
4. The disturbed area will be landscaped to its former state using approved native grasses.
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PROJECT: Frenzel Property, Ordinance. 30 review appeal
LOCATION: 319/329 Park Avenue
Representative: Bill Campbell
OWNER: Nick Frenzel
SUMMARY EXPLANATION:
The lot is vacant land zoned R-6 PUD. The owner plans to build a single family residence WITh an accessory
dwelling unIT, The lot is a six sided polygon WITh a 20 foot frontage on Park Avenue. As can be seen from
the Ordinance 30 submission, the Owner has preserved the established neighborhood scale and
character and ensured that the street will be a public place, conducive to walking, by entering into a curb
and sidewalk agreement WITh the cily.
REVIEW STANDARDS:
26.58.040 A.1.
The parcel does not conform to the assumption of a rectilinear neighborhood pattern with a street in front
and alley behind. Because the lot is not perpendicular to the street and manifests a diminishing wedge
shape in front a strict parallel orientation was not accomplished. The principal mass is angled 200 from
parallel.
Park Avenue is largely curvilinear between E. Hopkins to Regent street. Of the seven existing structures
on this block none conform to this requirement.
An addITional advantage of this plan is that increased solar gain will be realized by a more Southerly
building orientation,
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"RESIDENTIAL DESIGN STANDARDS (ORDINANCE #30)"
STAFF CHECKLIST REVIEW
Application Package Contents
Following is an application for "Residential Design Standards" review by the Planning
Staff. Included are:
1. Attachment 1- Submission requirements
2. Attachment 2- "Residential Design Standards" checklist. This is the worksheet
used by Staff for reviews and is provided to assist you in verifying your project's
. ... compliance with Ordinance #30. Do not submit this checklist as part of the application.
Planning Staff typically review applications on Mondays. . Response will be in letter form,
either confirming that the project as proposed meets Ordinance #30, or that the applicant
must either make revisions or make an application to the Design Review Appeal
Committee. AN APPLlCA TION FOR BUILDING PERMIT CANNOT BE SU8MITTED
FOR RESIDENTIAL DEVELOPMENT WITHIN THE CITY UNTlL THIS REVIEW HAS
BEEN COMPLETED AND THE APPLICANT HAS RECEIVED A "NOTIFICATION OF
APPROVAL," SIGNED BY A MEM8ER OF THE PLANNING STAFF, WITH THE
FOLLOWING EXEMPTIONS:
A. DEVELOPMENT WHICH ADDS FLOOR AREA BUT DOES NOT ALTER THE
EXTERIOR OF AN EXISTING STRUCTURE; OR
B. IS AN ADDITION OR REMOVDEL OF AN EXISTING STRUCTURE THAT DOES
NOT CHANGE THE EXTERIOR OF THE BUILDING; OR
C. REPAIR OF EXISTING ARCHITECTURAL FEATURES, REPLACEMENT OF
ARCHITECTURAL FEATURES WHEN FOUND NECESSARY FOR THE
PRESERVATION OF THE STRUCCTURE, AND SIMILAR REMODELlNG ACTIVITIES
WHICH CREATE NO CHANGE TO THE EXTERIOR APPEARANCE OF THE
STRUCTURE AND HAVE NO IMPACT ON ITS CHARACTER; OR
D. DEVELOPMENT IN THE R-158 ZONE DISTRICT,
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A TT ACHMENT 1
SPECIFIC SUBMISSION REQUIREMENTS
All applications for "Residential Design Standards" review must include the following
information:
1. Neighborhood block plan at 1 "=50' (available in the City Engineering
Department). Graphically show the front portions of all existirig 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. Indicate whether any portions of the houses immediately adjacent to the
subject parcel are one story (only one living level).
2. Site plan at 1"=10'.. Show ground floors of all buildings on the subject parcel, as
proposed. and footprints of adjacent buildings for a distance of 1 00' from the side
property lines. Show topography of the subject site with 2' contours.
3. All building elevations at 1/8"= 1'0.
4. Floor plans, roof plan, and elevations as needed to verify that the project meets
or does not meet the "Primary Mass" standard.
5, Photographic panorama. Show elevations of ail buildings on both sides of the
block. including present condition of tre subject property. Label photos and
mount on a presentation board.
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ATTACHMENT 2
RESIDENTIAL DESIGN CHECKLIST
Building Orientation
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. The orientation of the principal mass of all buildings must be
'parallel to the streets they face. On comer lots, both
street-facing facades of the principal mass must be parallel to
. the road. On curvilinear streets, the principal mass of all
buildin s must be tangent to the midpoint of the arc.
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All single family homes, townhouses, and duplexes must have
a street-oriented entrance and a street facing principal
window, except townhouses ,and accessory units facing
courtyards or gardens, where entries and principal windows
should face those features. On comer lots, entries' and
principal windows should face whichever,street has a greater
block length.
1. A street oriented entrance requires that at least
one of the following two conditions are met:
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( ) Tne front entry door is on the street facade
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( ) A covered entry porch of fifty (Sa) or more
square feet is part ofthe street facade.
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2. A streetfacing principal window requires that
~ ( ) a sionificant window or group of windows of a
living room, dining room or family room face the street.
For single family homes and duplexes with attached garages
or carports, the width of the house must be at least five (5)
feet greater than the width of the garage along its street
facing frontage.
For single family homes and duplexes with attached garages
or carports, the garage must be set back at least ten (10) feet
further from the street than the house.
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Multiple unit residential buildings must have at least one
street-oriented entrance for every four (4) units.
Front units of multiple unit residential buildings must have a
street facing principal window.
Building Elements
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All residential buildings must have a one-story street facing
element the width of which comprises at least 20% of the
building's overall width.
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i.JiJ.;~ ~'l~/l:tJ If 75% or more of the residential buildings on the face ofa
. . ~ block where a prOject IS to be, located a.re within two (2) fee~ of
. ~ a common front setback line, a minimum of 60% or a
proposed project's front facade must also be within two (2)
feet of that front setback.
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Corner sites are of particular importance in the definition of
street frontages, Therefore on corner sites where fewer than
75% of t,f,e residential buildings on the face of a block are
located- within two (2) feet of a common setback line, a
minimurTi of 60% of at least one of the street frontages of a
proposed project's front facade must be located within two (2)
^ M.. fl"e1.>:ofthe minimum setback.
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Primary Mass
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A primary mass is a building volume for which two of the
following three characteristics do not vary: plate height, ridge
height, wall plane. The floor area of a primary mass in excess
of70% of total allowable FAR shall be multiplied by 1.25,
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Inflection
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If the street frontage of an adjacent structure is one story in
height for a distance more than twelve feet on the side facing
a proposed building, then- the adjacent portion of. the
proposed building must also be one (1) story in height for a
distance of twelve (12) feet. .
If the adjacent structures on both sides of a proposed building
are one story in height, the required one story volume of the
proposed building may be on one side only.
If a proposed building occupies a comer lot. and faces an
adjacent one story structure, the required one story element
may be reversed to face the comer.
Garages and Driveways
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All portions of a garage, carport or storage area parallel to the
street shall be recessed behind the from facade a minimum of
ten (10) feet.
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Garages below natural grade, garages with a vehicular
entrance width greater than twenty four (24) feet. and garages
with a vehicular entrance width greater than 40% of the front
facade in total shall meet one of the foilowing conditions:
( ) Ail elements of the garage shall be located
within fifty (50) feet of the rear lot line or
( ) All elements of the garage shall be located
farther than one hundred fifty (150) feet from the
front lot line, or
( ) The vehicular entrance to the garage shall be
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, / () Ail areaways, lightwells and/or stai~ls on the street facing side(s) of a
V. building must be entirely recessed behind the vertical plane established by
the portion of the building facade which is closest to the street.
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Calculating floor area ratio
Accessory dwelling unit or linked pavilion. For the purposes of calculating floor afea
ratio and allowable floor area for a lot whose principal use is residential, tl1e following,.s~all
apply: The allowable floor area of an attached accessory dwelling unit shall be e*l~
up to a maximum of two hundred fifty (250) square feet of allowable floor area or fifty'
percent of the size of the accessory dwelling unit whichever is less. An accessory
dwelling unit separated from a principal structure by no less than fifteen (15) feet with a
maximum footprint of four hundred fifty (450) square feet shall be calculated ~t.' fifty
percent of allowable floor area up to seven hundred (700) square feet. Any element
linking the principal structure to the accessory unit may be no more than one story tall. six
(6) feet wide. and ten (10) feet long. Any element linking the principal structure to an
accessory structure in excess of ten feet shall have that excess counted as flooraiea.
This floor area .exclusion provision only applies to accessory dweHing units which are
subject to review and approval by the planning and zoning commission pursuant to
conditional use review and approval, section 7-304 of Chapter 24 of this Code,
A.n element linking a detached garage to the principal structure shail not be included in
the calculation of floor area provided that the linking structure is no more than one story
tall, six (6) feet wide, and ten (10) feet long.
Decks, balconies porches, loggias and stairways. The caiculationof the floor area'of
a building or a portion thereof shall not indude decks, baiconies, stairways, terraces and
similar features; unless the area of these features is greater than fifteen percent of the
maximum ailowable floor area of the building. Porches shall not be counted towards
FAR. loggias shall be calculated as ,S FAR
Garages, carports and storage areas.
1. All districts except the R 1S-8 zone district.
For the purpose of calculating floor area ratio and allowable floor area for a lot whose
principal use is residential, garages, carports and storage areas shall be excluded up to a
maximum area of two hundred fifty (2S0) square feet per dwelling unit; all garage. carport
and storage areas between two hundred fifty (250) and five hundred (500) square feet
shall be calculated as .5 FAR; all garage carport and storage areas in excess of five
hundred (SOO) square feet per dwelling unit shall be included as part of the residential
floor area calculation. For any dwelling unit which can be accessed from an alley or
private road entering at the rear or side of the dwelling unit, tl1e garage shall Q.01: be
excluded from floor area calculations up to two hundred fifty (250) square feet per
dwelling unit if it is located on sa~.alJey or road; all garage, carport and storage areas
between two hundred fifty (2S0) arId five hundred (SOO) square feet shall be calculated as
.5 FAR. For the purposes of determining "the exclusion, if any, applicable to garages,
carports, and storage areas, tl1e area of all such structures on a parcel shall be
aggregated,
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2. R-158 zone district.
Garages, carports, and storage areas shall be exempt from floor area up to a maximum
of five hundred (500) square feet.
3. Except in the R-158 zone district, when calculating floor area ratio, lot area shall
include only areas with a slope of less than 20%. In addition, half (.50) of lot areas with a
slope of 20-30% may be counted towards floor area ratio; areas with slopes of greater
than 30% shall be excluded. The total redUction in FAR for a given site shall not exceed
25%. Also excluded for the purpose of floor area calculations is that area beneath the
high water line of a body of water and that area within an existing or proposed dedicated
right-of-way or surface easements. Lot area shall include any lands dedicated to the City
of Aspen or Pitkin County for the public trail system, any open irrigation ditch, or any
lands subject to an above ground or below ground surface easement such as utiiities that
do not coincide with road easements. When calculating density, lot area shall have the
same exclusiOns and inclusions as for calculating floor area ratio, except for exclusion of
areas of greater than 20% slope.
4, For the purpose of calculating floor area ratio and allowable floor area for a building or
portion thereof whose principal use is residential, a determination shall be made as to its
interior plate heights. All areas with an exterior expression of a plate height greater than
ten (10) feet, shall be counted as'two (2) square feeUor each one (1) square foot or floor
area. Exterior expression shall be defined as facade penetrations between nine (9) and
twelve 1121 feet above the level or the finished floor, and circular, semi circular or
non-orthogonal fenestration between nine (9) and flfteen (15) feet above the level or the
finished floor.
5. The area or any story, whose top of floor is a maximum or eighteen (18) inches above
natural or finished grade, whichever is lower, at any point along the perimeter of the
building shall be excluded from floor area calculations. For any story which is partly
above and partly below natural or finished grade whichever is lower, a calculation of the
total volume of the story which is above and which is below grade shall be made, for the
purpose of establishing the percentage of the area oithe story which shall be included in
floor area calculations. This calculation shall be made by determining the total
percentage of the perimeter wall area of the story which is above natural or finished
grade, whichever is lower, which shall be multiplied by the total floor area of the subject
. story, and the resulting total shall be that area which is included in the floor area
calculation.
Height
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1. Methods of measurement for varying types of roofs.
a. Flat roofs or roofs with a slooe of less than 3:12. The height of the building
shall be the maximum distance measured vertically from the natural or
finished grade, whichever is lower, to' the top or ridge of a flat, mansard, or
otherroof with a, slope of less than 3: 12-
b. Roofs with a slope from 3:12 to 8'12. For roofs with a slope from 3:12 to'
8:12, height shaU be measured vertically from the natural or finished grade,
whichever is lowef, to the mean height between the eaves and ridge of a
gable, hip, gambrel or other similar pitched roof. The ridge of a gable, hip,
gambrel, or other pitched raof shall not exrend over five (5) feet above the
maximum height limit.
c. Roofs with a slope of 8:12 or greater, For roofs with a slope of 8:12 or greater,
height shall be measured vertically from the natural or finished grade,
whichever is lower, to' a point one-third (1/3) of the distance up from the
eaves to the ridge~ There shall be no limit on the height of the ridge.
Chimneys and other appurtenances may exrend up to a maximum of
twO' (2) feet above the ridge.
d. Chimnevs antennas and ether aopurtenances. Antennas. chimneys. flues.
vents or similar structures shall nat extend over ten (10) feet above the
specified maximum height limit. except for roofs with a pitch of 8:12 or greater,
these elements may not extend more than twc (2) feet above the ridge. Water
towers and mechanical equipment shall not exrend ever five (5) feet above the
specified maximum height limit. Church spires, bell towers and Iike_
architectural prajections. as well as flag poies. may extend over the specified
maximum height limit.
2. Exceptions for buifdings on slopes. The maximum height of a buiiding's front
(street facing) facade may extend for the first thirty (30) feet of the
building's depth.
3. Exceptions for areaways, lightwel/s and basement stairwells. An
areaway, Iightwell or basement stairwell of less than one hundred (100)
square feet, entirely recessed behind the vertical plane established by
the portion of the building facade which is closest to the street, and
enclosed on all four sides to' within eighteen (18) inches of the first floor
level shall not be counted towards maximum permissible height
Parking.
1. For single family and duplex residential use: 2 spaces/dwelling unit.
Fewer spaces may be pravided by special review pursuant to' Article 7,
Division 5 for histaric landmarks anly, and fewer spaces may be pravided by
canditianal use review pursuant to Article 7, Division 4, far Accessary
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Dwelling Units only. Only 1 space per dwelling unit is required if the unit is
either a studio or a 1 bedroom dwelling unit.
Site coverage
Roof or balcony overhangs, cantilevered building elements and similar '
features extending directly over grade shall be excluded from maximum
allowable site coverage calculations.
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. ADDENDUM - OROlNANCE 30
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