HomeMy WebLinkAboutLand Use Case.200 Silverlode Dr.A037-97
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3ELOAD SUMMARY SHEET - cr. OF ASPEN
DATE RECEIVED: 5/8/97
DATE COMPLETE:
PARCELID# 2737-074-30-010
CASE # A37-97
STAFF: Chris Bendon
Fuchs DRAC & Final PUD AMendmentlLot 10 Silverlode
Lot 10, Silverlode DR.
Ricki & Peter Fuchs
25 Mountain Trail, Stanford, DT 06903 203-329-9086
same
PROJECT NAME:
Project Address:
APPUCANT:
Address/Phone:
OWNER:
Address/Phone:
REPRESENTATIVE: Richard Klein
Address/Phone: P.O. Box 737, Aspen, Co. 920-1752
RESPONSIBLE PARTY: Applicant
Other Name/Address:
FEES DUE
PLANNING
ENGINEER
HOUSING
ENV HEALTH
CLERK
TOTAL
$450
$0
$0
$0
$
$450.
FEES RECEIVED
PLANNING $450.
ENGINEER $
HOUSING $
ENV HEALTH $
CLERK $
TOTALRCVD $450.
TYPE OF APPUCATION
Staff Approval
# APPS RECEIVED
# PLATS RECEIVED
GIS DISK RECEIVED:
CC
CC (2nd readin )
REFERRALS:
o City Attorney
o City Engineer (DRC)
o Zoning
o Housing
o Environmental Health
o Parks
DATE REFERRED:
o Aspen Fire Marshal
o City Water
o City Electric
o Clean Air Board
o Open Space Board
o Other:
o CDOT
o ACSD
o Holy Cross Electric
o Rocky Mtn Natural Gas
o Aspen School District
o Other:
INITIALS:
DATE DOE:
APPROVAL:
Ordinance/Resolution # ~ ~ ~ ~r- oi
Staff Approval
Plat Recorded:
Date: ~ 1-.1-
Date:
Book , Page
CLOSED/FIl,}~J:J<<~TE: (1/1-. q1:
ROUTE TO:
INITIALS: eMW)
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MEMORANDUM
TO:
Design Review Appeal Committee
f .'
Stan Clauson, Community Development Directo~
Julie Ann Woods, Deputy Director ~_
Christopher Bendon, Planner ~
Fuchs Residence
Silverlode Subdivision Lot # I 0
THRU:
FROM:
RE:
DATE:
May 14, 1997
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SUMMARY:
The applicants, Ricki and Peter Fuchs, are requesting a waiver of the Residential
Design Standard concerning garages for Lot # 1 0 of the Silverlode Subdivision.
Waiving this garage standard will allow the Fuchs to push their garage forward of
the main facade and use a smaller retaining wall.
Staff recommends granting this variance, with conditions.
ApPLICANT:
Ricki and Peter Fuchs. Represented by Richard Klein, Architect.
LOCATION:
Silverlode Subdivision Lot #10. .
ZONING:
AHI-PUD. Free-Market Residential portion of subdivision.
LOT SIZE:
.418 acres ~ 18,186 Square feet.
FAR:
80% ofF AR ~ 3,442 square feet, pursuant to subdivision approvals. Applicant is
also requesting an increase to 90% FAR (3,872 square feet) through 8040
Greenline Review with the Planning and Zoning Commission.
CURRENT LAND USE:
Vacant.
PROPOSED LAND USE:
Single Family Free-Market Residence,
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PREVIOUS ACTION:
DRAC has not previously considered this case,
REVIEW PROCEDURE:
DRAC may grant relief from the Residential Design Standards if the variance is
found to be:
a)
b)
c)
in greater compliance with the goals of the AACP; or,
a more effective method of addressing standard in question; or,
clearly necessary for reasons of fairness related to unusual site
specific constraints.
AlJ hearings are public hearings open to the public, Applicants are required to
post the property at least five (5) days in advance.
BACKGROUND:
This lot is one of the free-market lots created by the Silverlode Subdivision, a
private sector affordable housing project. The Land use approvals for the
subdivision exempt development from those Residential Design Standards
affecting FAR calculations.
The applicant is also requesting to increase the alJowable square footage on the
site from 80% FAR to 90% FAR through Special Review with the Planning and
Zoning Commission, and realigning the entrance to the property through an
insubstantial plat amendment approval.
FINANCIAL IMPLICATIONS:
There are no discernible public costs associated with this request.
STAFF COMMENTS:
The applicant's proposed development is not in compliance with the folJowing
Residential Design Standard:
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.
In response to the review criteria for a DRAC variance, Staff makes the folJowing
findings:
a) in greater compliance with the goals of the AACP; or,
Staff Finding:
The proposed variance is not in greater compliance with the goals of the
Community Plan.
b) a more effective method of addressing standard in question; or,
Staff Finding:
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The proposed variance is not a more effective method of addressing the garage
standard.
c) clearly necessary for reasons of fairness related to unusual site
specific constraints.
Staff Finding:
This property is a difficult property to access with a car due to the steep terrain,
building envelope designation, and predetermined access point. The proposed
variance allows the applicant to retain the slope with a 6 foot boulder wall. To
meet the garage standards and applicable standards for driveway grades, this
retaining wall would need to be approximately 12 to 14 feet high and constructed
with concrete. Aesthetically, this variance allowing the garage to jut forward
from the house, would be an improvement over the massive concrete retaining
wall.
Also important in this consideration is the limited view ofthe garage from the
street due to slopes within the front setback. The primary view ofthe garage will
be from the driveway when entering the parcel. The standard would limit the
presence of a garage door from this view but would result in a large concrete wall.
The variance would increase the presence ofthe garage door, but will allow for a
smaller, boulder retaining wall.
RECOMMENDATION:
Staff recommends DRAC grant a variance of Residential Design Standard
26.58.040(A)(3) addressing garages for the subject property, Lot #10 Silverlode
Subdivision, with the following conditions:
I. To the extent practical, the applicant shall construct retaining walls with
boulders, or other natural materials, and minimize the extent of concrete
facing.
2. As proposed, the applicant's development proposal is subject to 8040
Greenline review and approval by the Planning and Zoning Commission
and an insubstantial Plat Amendment approval by the Community
Development Director as required in the Municipal Code, In no way shall
this approval imply approval of any other required approval.
3. All material representations made by the applicant in the application and
during public meetings with the Aspen Planning and Zoning Commission
shall be adhered to and considered conditions of approval, unless otherwise
amended by other conditions.
RECOMMENDED MOTION:
"I move to grant a waiver of the Residential Design Standard 26.58.040(A)(3)
regarding garages, finding that the variance is clearly necessary for reasons of
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fairness related to unusual site constraints for the Fuchs Property, Lot #10 of the
Silverlode Subdivision, with the conditions listed in the Staff memo dated May
14, 1997."
ATTACHMENTS:
Exhibit A - Application
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INCORPORATED
May 9, 1997
Christopher Bendon, ASLA
Planner
Aspen/Pitkin Community Development
130 South Galena Street
Aspen, CO 81611
Re: Lot 10, SilverLode Subdivision
Dear Mr. Bendon,
We would like to inform you that we have reviewed Preliminary Drawings for a new
residence at Lot 10, SilverLode Subdivision ( a subdivision developed by the Williams
Ranch Joint Venture and subject to WRJV Architectural Review Committee). We have
given preliminary approval to the applicant.
We would also like to note that in relocating the driveway and siting the residence, the
development minimizes impact to the site and the design is such that no retaining walls
will be required.
We encourage the Planning staff to give favorable review to this project.
Thank you for your time and attention,
Sincerely,
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Thomas G. Stevens
Project Manager, Williams Ranch Joint Venture
& WRJV Architectural Review Committee
312 E, Aspen Airport Business Center, Aspen, Colorado 81611
(303) 925-6717 FAX, 13031 925-6707
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ATTACHMENT 1
LAND USE APPLICATION FORM
1. Project name f u eo t" <, f2.. E. <, \ " &. '" C Co
2. Project location Lo-r \0 <'1L."e.~L.oDE. SU&P'V'~l"N
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(indicate street address, lot and block number or metes and bounds description)
3. Present zoning
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4. Lotsize.4l~ />.1:.' '" ~~
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5. Applicant's name, address and phone number t't-IC.~ I
'2.E; t\out"T~I~ ,p..I>.IL . ~,......fo~o ,c-r. 010"1 c..,
6. Representative's name, address, and phone number \t\C.14"~\> j::1.E.\lJ 1 )4 fl.C.14li;;'c,
1'.0' ~,-,t ,......, ~<,fe.!J Co ll>l"''l. ",'0' "'2.0. 1,<;'2.
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
Condominiumization ')(
\"II""\'- fu\> ~"'e.lJt>.
Conceptual HPC
Final HPC
Minor HPC
Relocation HPC
Historic Landmark
Demo/Partial Demo
Design Review
Appeal Committee
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8. Description of existing uses (number and type of eXisting structures.
approximate sq, ft., number of bedrooms, any previous approvals granted to the
property) 'l>. "" l~-r'''' '-' !2-E.<;IDli.......I.. L L"i
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. 9. Description of development application T' ~-r.~ ~o
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10. Have you completed and attached the folloWing?
L Attachment 1- Land use application form
)<. Response to Attachment 2
,c Response to Attachment 3
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City of Aspen
Aspen
Colorado
May 8,1997
Applicant:
Ricki and Peter Fuchs
25 Mountain Trail
Stanford CT 06903
(203) 329-9086
Representative:
Richard Klein, Architect
Anderson Klein Architecture interiors
P. O. Box 737
Aspen CO 81612
(970) 920-1752
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May 8, 1997
Attachment 2.2 response
Lot 10 silverlode Subdivision, Aspen CO 81611
street address not determined yet
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LAW OFFICES
FREILICH, MYLER, LEITNER & CARLISLE
A PARTNERSHIP INCLUDING PROFESSIONAL CORPQRATJONS
IN COLORADO
DAVID J. MYLER. P.c.
E. MICHAEL HOFFMAN
ALAN E. SCHWARTZ
OF COUNSEL
106 SOVTH MILL STREET. SUITE 202
ASPEN. COLORADO 81611
TELEPHONE
(970) 920-1018
FACSIM[LE
(970) 920-4259
May 8, 1997
Mr. Richard Klein
Anderson - Klein Architecture Interiors, Ltd.
465 N. Mill Street, #3
Aspen, Colorado 81611
Re: Title to Lot 10, SilverLode Subdivision
Aspen, Colorado (the "Property")
Dear Mr. Klein:
I respond to your recent inquiry concerning title to the above-referenced Property as follows. On
January 31, 1997, Peter H. Fuchs and Henricka A. Fuchs, as joint tenants, took title to the Property
as grantees Wlder that certain General Warranty Deed from Williams Ranch Joint Venture ("WRJV").
The grant from WRJV was subject to "general taxes and assessments for the year 1997 and
subsequent years, and subject to easements, reservations, restrictions, covenants and rights of way
of record, if any."
The title insurance policy issued to Mr. and Mrs. Fuchs described 24 separate exceptions to title,
including the standard exceptions included in all such policies. I have attached a copy of that list to
this correspondence.
I am not aware of any additiortalliens, encumbrances or conveyances which have taken place since
January 31, 1997.
Please feel free to contact me if you need additional information concerning the Property.
Sincerely,
FREILICH, MYLER, LEITNER & CARLISLE
id//
E. Michael Hoffinan
IN MISSOURI
FREILICH, LEITNER & CARLISLE
KANSAS CITY, MISSOURI
IN TEXAS
FREILICH, MORGAN, LEITNER & CARLiSLE
DALLAS, TEXAS
I~ CALIFORNIA
FREILrCH. KAUFMAN. Fox & SOHAGl
LOS ANGELES, CALIFORNIA
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A L T A
COM M ! T MEN T
SCHEDULE B-2
(Exceptions)
Our Order # Q371490
The policy or po~~c~es to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of
the Company:
1. Standard Exceptions 1 through 5 printed on the cover sheet.
6. Taxes and assessments not yet due or payable and special
assessments not yet certified to the Treasurer's office,
7. Any unpaid taxes or assessments against said land.
8. Liens for unpaid water and sewer charges, if any.
9. THE EFFECT OF INCLUS!ONS !N ANY GENERAL OR SPECIFIC WATER CONSERVANCY, ?IRE
PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER
/ SERVICE OR STREET IMPROVEMENT AREA.
10. RIGHT OF PROPRIETOR pF A VEIN OR LODE TO EXT~~CT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
~S RESERVED IN UNITED STATES PATENT RECORDED December 22, 1909, IN BOOK 136
AT PAGE 365, RECORDED MAY 20, 1949 IN BOOK 175 AT PAGE 162, AND RECORDED
DECEMBER 24, 1902 IN BOOK 55 AT PAGE 116,
1~' R GHT OF WAY FOR DITCHES OR C&~ALS CONSTRUCTED BY THE AUTHORITY OF THE
ITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED November 22,
1910, IN BOOK 136 AT PAGE 373, AND RECORDED DECEMBER 24, 1902 IN BOOK 55 AT
PAGE 116.
12. PERPETUAL RIGHT OF WAY AND EASEMENTS TO EXTEND OR DRIVE LEVELS OR TUNNELS
~THROUGH THE SUBJECT PROPERTY AS SET FORTH AND RESERVED IN DEED RECORDED
MARCH 30, 1895 !N BOOK 131 AT PAGE 425.
13. ~S, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENT
~ECORDED AUGUST 30, 1988 IN BOOK 572 AT PAGE 72.
14. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS &~ EASEMENTS AS CONTAINED IN
~STRUMENTS RECORDED JANUARY 25, 1985 IN BOOK 480 AT PAGE 494 AND RECORDED
APRIL 2, 1986 IN BOOK 508 AT PAGE 312.
15. JERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN
~ORDINANCE NO. 94-15 RECORDED JUNE 27, 1994 IN BOOK 754 AT PAGE 194, AND
RESOLUTION NO. 94-110 RECORDED SEPTEMBER 9, 1994 IN BOOK 760 AT PAGE 909.
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16.~ASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF
~ SMUGGLER MINE SUBDIVISION RECORDED MARCH 15, 1995 IN PLAT BOOK 36 AT PAGE
77.
PAGE 4
,..,......,
,..,......,
ALL' A
COM M I T MEN T
SCHEDULE B-2
(Exceptions)
Our Order # Q371490
17. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN ORDINANCE
~O. 07, SERIES OF 1994, RECORDED MARCH 15, 1995 IN BOOK 776 AT PAGE 299
v/ EASEMENT AGREEMENT RECORDED MARCH 15, 1995 IN BOOK 776 AT PAGE 301.
AND
18. yERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN
~INSTRUMENT RECORDED March 15, 1995, IN BOOK 776 AT PAGE 307.
19. RESERVATION BY WRIGHT & PREUSCH MINING, LTD., OF ANY AND ALL Su~-SURFACE
AND MINERAL RIGHTS BELOW 50 FEET BELOW THE SURFACE; HOWEVER, SPECIFICALLY
~ITHOUT ANY ACCOMPANYING RIGHT TO USE OR IN ANY WAY BURDEN THE SURFACE
G/ESTATE TO OBTAIN AND USE THE BENEFIT OF THE OWNERSHIP OF THE SAME, AS SET
FORTH IN DEED RECORDED MARCH 22, 1995 IN BOOK 776 AT PAGE 880.
20. ~ASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF
~SILVERLODE SUBDIVISION RECORDED MAY 9, 1995 IN PLAT BOOK 37 AT PAGE 3, AND
APPROVAL RECORDED MAY 9, 1995 IN BOOK 780 AT PAGE 368, AND ACKNOWLEDGEMENT
RECORDED MAY 9, 1995 IN BOOK 780 AT PAGE 369.
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21'c~ERMS, CONDITIONS AND PROVISIONS OF ANNEXATION AGREEMENT BY AND BETWEEN
~ WILLIAMS RANCH JOINT VENTURE AND THE CITY OF ASPEN RECORDED May 09, 1995 IN
BOOK 780 AT PAGE 370.
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22. ~STRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
~CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED May 12, 1995, IN BOOK 780 AT
PAGE 755.
23.~MS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED February
22, 1996 ONDER RECEPTION NO. 390141.
24. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND EASEMENT AS CONTAINED IN
INSTRUMENT RECORDED AUGUST 12, 1996 AS RECEPTION NO. 395888.
PAGE 5
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ATTACHMENT 3
SPECIFIC SUBMISSION REQUIREMENTS
All applications for DRAC 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 existing buildings
on both sides of the block and their setback from the street in feet.
Identify parking and front entry for each building and locate any accessory
dwelling units along the alley. 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 "=1 0'. Show ground floors of all buildings on the subject
parcel, as proposed. and footprints of adjacent buildings for a distance of
-100' frQI'!U~e side property lines: Show topography of the subject site
with 2' contours.
3, All building elevations, roof and floor plans at 1/8"= 1 '0,
4. A graphic verification that the project meets or does not meet the "Primary
Mass" standard.
5. Photographic panorama. Show elevations of all buildings on both sides of
the block, including present condition of the subject property. Label
photos and mount on a presentation board.
6. A written explanation of the requested variance and a discussion of why a
variance would be appropriate and would not compromise the intended
goals of the "Residential Design Standards." The applicant may provide
any offsetting design features that may mitigate impacts of the variance
requested.
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May 8, 1997
Attachment 3.1 response
Neighborhood block plan is not applicable at this time.
Lots 9 and 11 are for sale and are not buit on.
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May 8, 1997
Attachment 3.2, 3.3, 3.4,and 3.5 response
Refer to enclosed drawings and illustrations.
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May 8, 1997
Attachment 3.6 discussion
The proposed design for Lot 10 at Silverlode Subdivision in Aspen does not
comply with Ordinance No. 30 Section 7-304.1.b.2.c. garage setback from
house.
Ordinance 30 was conceived primarily as a tool to regulate design in the West
End of Aspen. The West End is an established neighborhood with a classic grid
street layout and a minimum of vertical contour movement, a flat neighborhood.
This ordinance has also been applied to all neighborhoods in Aspen but in
actuality, some of the design guidelines need to be modified due to site specific
conditions.
Silverlode ,Subdivision has a freeform layout relating to an undulating land form
with steep cross slopes.
Due to this varied terrain, the design intent of this project was to minimize the
extent to which the existing site needed to be recontoured to accommodate the
proposed residence. By allowing the garage to extend in front of the residence,
this is accomplished. It also should be pointed out that due to careful design the
proposed garage will be minimally visible to the neighborhood as viewed from
the street below. Also the design intent was to eliminate the need for extensive
bolder retaining as is extensively utilized through out the subdivision, allowing
for more planting to occur.
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ATTACHMENT 4
DRAC STANDARDS FOR GRANTING A VARIANCE
The following standards will be used by the Design Review Appeal Board 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 effectively address the issue or problem a given standard or
provision responds to; or
c) be clearly necessary for reasons of fairness related to unusual site
specific constraints.
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May 8, 1997
Attachment 4c response
Please refer to Attachment 3.6 discussion text.
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ASPENIPITKIN
COMJ.\tIUNITY DEVELOPMENT DEPARTMENT
Agreement for Payme~t o( ~ity of Allpen Development Application ~ees
CITY OF ASPEN (hereinafter CITY) and . ~\e~ I
(hereinafter APPLICANT) AGREE AS FOLLOWS:
,l>.t.lP re.1a.y;I. rll c..~c,
'. J., APPLICANT has submitted to CITY an application for
\'I'C-u... ?t.H\:>E....~E. .L"T l.t:>"'t 10, 41I.\#r<.f.l.c>t>E. ~u6P\\#')I"N I .L.Srlt:.tJ'
(hereinafter, TIffi PROJECT).
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2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 43< (Series of 1996) establishes a fee structure for Planning applications and
the payment of all processing fees is a condition precedent to a determination 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 this time to ascertain the full
extent of the costs involved- in processing the application. APPLICAi.\lT and
CITY further agree that it is in the interest of the parties that APPLICANT make
payment of an initial deposit and to thereafter permit additional costs to be billed
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 the CITY when they are necessary as costs are incurred. CITY
agrees it will be benefited through the greater certainty of recovering its full costs
. to process APPLICA1'IT's application.
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4. CITY and APPLICA1\lT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission andlor City Council to enable the Planning Commission
andlor 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 agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $ 4t;O"!!!
which is for - hours of Planning staff time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CTIY for thepro(,:eSsing 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 ~crued costs shall be grounds for suspension of processing.
CITY OF ASPEN
APPLICANT~ , ~ap(LE.<'E."''''Il.''\''\\lL
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By" r-
Stan Clauson
Community Development Director
By,Q.
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\,-l.l!. \\01 , "'f-<-Po.....'i..e'
Date: 1'\6.'1" flo.' \ "\ "\ 1
Mailing Address:
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Mr~l'I \. C,.,o
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"RESIDENTIAL DESIGN STANDARDS (ORDINANCE #30)" ~ \~ ,c::f1--
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 APPLICATION FOR BUILDING PERMIT CANNOT BE SUBMITTED
FOR RESIDENTIAL DEVELOPMENT WITHIN THE CITY UNTIL THIS REVIEW HAS
BEEN COMPLETED AND THE APPLICANT HAS RECEIVED A "NOTIFICATION OF
APPROVAL," SIGNED BY A MEMBER OF THE PLANNING STAFF, WITH THE
FOLLOWING EXEMPTIONS:
A. DEVELo.PMENT WHICH ADDS FLo.o.R AREA BUT Do.ES NOT ALTER THE
EXTERlo.R o.F AN EXISTING STRUCTURE; o.R
B. IS AN ADDITlo.N o.R REMo.DEL o.F AN EXISTING STRUCTURE THAT Do.ES
No.T CHANGE THE EXTERlo.R o.F THE BUILDING; o.R
C. REPAIR o.F EXISTING ARCHITECTURAL FEATURES, REPLACEMENT o.F .
ARCHITECTURAL FEATURES WHEN FOUND NECESSARY Fo.R THE
PRESERVATlo.N OF THE STRUCTURE, AND SIMILAR REMo.DELlNG ACTIVITIES
WHICH CREATE NO. CHANGE TO. THE EXTERlo.R APPEARANCE o.F THE
STRUCTURE AND HAVE NO. IMPACT o.N ITS CHARACTER; o.R
D. DEVELo.PMENT IN THE R-15BZo.NE DISTRICT.
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ATTACHMENT 2
RESIDENTIAL DESIGN CHECKLIST
Building Orientation
~ 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
Yildings must be tangent to the midpoint of the arc.
(., All single family homes, townhouses, and duplexes ~ust 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:
~The front entry door is on the street facade
( ) A covered entry porch of fifty (50) or more
square feet is part of the street facade.
2. ~treet facing principal window requires that
~a significant 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.
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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
~I residential buildings must have a one-story street facing
element the width of which comprises at least 20% of the
building's overall width. ~(Q\~
Build-To Lines
~ If 75% or more of the residential buildings on the face of a
block where a project is to be located are within two (2) feet of
a common front setback line, a minimum of 60% of a
proposed project's front facade must also be within two (2)
feet of that front setback.
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Comer sites are of particular importance in the definition of
street frontages. Therefore on comer sites where fewer than
75% of the residential buildings on the face of a block are
located within two (2) feet of a common setback line. a
minimum of 60% of at least one of the street frontages of a
proposed project's front facade must be located within two (2)
feet of the minimum setback,
Primary Mass
~ A primary mass is a building volume for which two of the
rollowing three characteristics do not vary: plate height, ridge
height, wall plane. The floor area of a primary mass in excess
of 70% of total allowable FAR shall be multiplied by 1.25.
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Inflection
W-- 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.
~~f 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 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
perpendicular to the front lot line
Areaways
.. \L. ( ) All areaways, Iightwells and/or stairwells on the street facing side(s) of a
~- 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 area
ratio and allowable floor area for a lot whose principal use is residential, the following shall
apply: The allowable floor area of an attached accessory dwelling unit shall be excluded
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 (1S) feet with a
maximum footprint of four hundred fifty (4S0) square feet shall be calculated at 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 floor area.
This floor area exclusion provision only applies to accessory dwelling 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.
An element linking a detached garage to the principal structure shall 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 calculation of the floor area of
a building or a portion thereof shall not include decks, balconies, stairways, terraces and
similar features; unless the area of these features is greater than fifteen percent of the
maximum allowable 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 R1S-B 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
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hundred (SO 0) 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, the garage shall ~ be
excluded from floor area calculations up to two hundred fifty (2S0) square feet per
dwelling unit jf it is located on said alley or road; all garage, carport and storage areas
. between two hundred fifty (250) and five hundred (500) square feet shall be calculated as
,S FAR. For the purposes of determining the exclusion, if any, applicable to garages,
carports, and storage areas, the 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
offive 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 utilities 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 feet for each one (1) square foot of floor
area. Exterior expression shall be defined as facade penetrations between nine 19\ and
twelve (12) feet above the level of the finished floor, and circular, semi circular or
non-orthogonal fenestration between nine (9) and fifteen (15) feet above the level of the
finished floor.
5. The area of any story, whose top of floor is a maximum of 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 of the 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 slope of less than 3:12. The height of the building
shail 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
other roof with a slope of less than 3: 12.
b. Roofs with a slope from 3:12to8'12. Forroofswitha slope from 3:12 to
8:12, height shall be measured vertically from the natural or finished grade,
whichever is lower, to the mean height between the eaves and ridge of a
gable, hip, gambrel or other similar pitched roof. The ridge of a gabie, hip,
gambrel, or other pitched roof shall not extend 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 extend up to a maximum of
two (2) feet above the ridge.
d. Chimneys antennas. and other apourtenances. Antennas, chimneys, flues,
vents or similar structures shall not 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 two (2) feet above the ridge. Water
towers and mechanical equipment shall not extend .over five (5) feet above the
specified maximum height limit. Church spires, beil towers and like
architectural projections, as well as flag poles. may extend over the specified
maximum height limit.
2. Exceptions for buildings on slopes. The maximum height of a building's front
(street facing) facade may extend for the first thirty (30) feet of the
building's depth.
3, Exceptions for areaways, lightwe{{s and basement stairwells. An
areaway, lightwell 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 pennissible height.
Parking.
1. For single family and duplex residential use: 2 spaces/dwelling unit.
Fewer spaces may be provided by special review pursuant to Article 7,
Division 5 for historic landmarks only, and fewer spaces may be provided by
conditional use review pursuant to Article 7, Division 4, for Accessory
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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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ADOENDUM - ORDINANCE 30
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