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Home My WebLink AboutLand Use Case.971 Ute Ave.0035.2018.ASLU0035.2018.ASLU 971 UTE AVE ADU CARRIAGE HOUSE 273718295029 11\4 \ -2 (fb 5 -t A Fi l e External Media Located Here r.-,-2 M-007963 -1Â·i iN 6!te>F /0 4:V M-007964 r~ RMMI 4.. .. PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS 4* 44'â€¢ CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0035.2018.ASLU PROJECT ADDRESS 971 UTE AVE PARCEL ID 2735 182 95 029 PLANNER JENNIFER PHELAN CASE DESCRIPTION APPLICATION FOR ACCESSORY DWELLING UNIT/ CARRIAGE HOUSE REPRESENTATIVE CHRIS B SANDERS DATE OF FINAL ACTION 07/23/2018 CLOSED BY BONNIE SHILES 8/20/2018 0.1 31 li 19002-1 I Perrnits - U 00 55-Â· 2,~45. 4-01 Eile Edit Record Navigate Form Report: For~ Iab Help - fE] Â® El M U- - 14 1 1 >1 Il il 1& lump 1 ~ ~ v * 1 G v 9 & 4 Cj Clear Â®1 - 2 0 Â® a a o e. - 18 160 /44 U *. Main Custom Fjelds Routing Status Fee Summary Actions Routing History Permit type aslu Aspen Land Use Permit # | 0035.2018.ASLU Address 971 UTE AVE Apt/Suite City ASPEN State co Zip 81611 E Permit Information Master permit Routing queue aslu15 ~ Applied 05/31/2018 Proiect Status pending Approved Description APPLICATION FORADU /CARRIAGE HO U SE FO R 9711 AH LLC Issued PARCLE ID 273718295C29 Closed/Final Submitted CURTIS B SANDERS Clock Running Days 0 Expires 05/26/2019 S ubmitted via 0 wner Last name NERNEY First name THOMAS P 971 UTE AVE ASAPEN CO 81611 Phone () - Address Applicant 91 Owner is applicant? m Contractor is applicant? Last name NERNEY First name THOMAS P 971 UTE AVE ASAPEN CO 81611 Phone () - Cust # 31032 Address Email Lender Last name Â· First name Phone () - Address Ck#F fp?G RIO - 'Ru-Lete Lte-ff 7 6 06 h P I CAW~Y~ 4/- /311-,2- 1, 3 ovini.L Phcle-,6 --- 015 14,0 Â©Sl ts 11 6 98 99 SWON 10!rio xoqiool sonoig gel .. DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010. "Vested Property Rights",of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals. described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order. unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date ofthis Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Thomas P. Nerney and Christine Walker Nerney C/O Sherman & Howard, 730 E. Durant, Suite 200. Aspen CO 81611 Property Owner's Name, Mailing Address Ute Addition Lot: 2 & W 13' of Lot 1. City of Aspen 971 Ute Avenue. Aspen. CO 81611 Legal Description and Street Address of Subject Property The applicant has received administrative approval to remove an Accessory Dwelling Unit & Vacation of the Deed Restriction. Written Description of the Site Specific Plan and/or Attachment Describing Platt Administrative Approval for an amendment to a development order, Removing an ADU & Deed Restriction. Reception#648944 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 5.2018 Effective Date of Development Order (Same date as noticed in the Aspen Times) July 6,2021 Expiration Date of Development Order (The extension, reinstatement, exemption.from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 5th day of July, 2018, by the City of Aspen Community Development Director. ,~25>v'Jessica Garro ~-&~mmunity Developfhent Direktor - +3 0 0 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Wh~ q&UL- + U- 2- , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I.Jv<.2~Â« E:~ (name, please print) being or redresenting an Applicant to'tfie City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (IE) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: ~/'0' Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. *tÂ« Signature The for*going "Affidavit of Notice" was acknowledged before me this 267ay o f434 , 2041 by 4-Â£61 5 C.0--33 PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL OF DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and My commission exvires: 4115 lac) the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the following legally described properly: Ute Addition Lot: 2 & W 13' of Lot 1, City of Aspen, Mawn â‚¬ud.- f~ltta~3~ County of Pitkin, State of Colorado; the property ' commonly known as 971 Ute Avenue, by order of Notary Public The Community Development Director on July 5, 2018 via a Notice of Approval. The Applicant re- ... ~1 1 ceived approval for an Amendment of an ADU or Carriage House Development Order, Removing an ADU. For further jn formation contact Jennjfer KAREN REED PATTERSON ~ Phelan, at the City of Aspen Community Develop- NOTARY PUBLIC ment Dept. 130 S. Galena St, Aspen, Colorado 429-2759 ATTACHMENTS: Â· STATE OF COLORADO jennifer.phelan@cityofaspen.corn. 1 NOTARY ID #19964002767 s/ City of Aspen 1 My Commission Expires February 15,2020 Publish in The Aspen Times on July 26,2018. 0000278348 COPY OF THE PUBLICATION ' Â·---Â·-Â·Â·Â·Â·- .. NOTICE OF APPROVAL FOR AN AMENDMENT TO A DEVELOPMENT ORDER FOR AN ACCESSORY DWELLING IJNIT, ALLOWING FOR THE REMOVAL OF SAID ADU AND THE VACATION OF THE ASSOCIATED DEED RESTRICTION ON THE PROPERTY COMMONLY DESCRIBED AS 971 UTE AVENUE, LEGALLY DESCRIBED AS ALL OF LOT 2 AND THE WEST 13 FEET OF LOT 1, UTE ADDITION TO THE CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, STATE OF COLORADO. Parcel ID No. 273718295029 APPLICANT Thomas P. Nerney and Christine Walker Nerney REPRESENTATIVE: Curtis B. Sanders SUBJECT & SITE OF AMENDMENT: Removal of an Accessory Dwelling Unit (ADU) and vacation of a deed restriction from a single- family home located at 971 Ute Avenue pursuant to Land Use Code Section 26.520.090[C], Removing an ADU/Carriage House. The subject property is 971 Ute Avenue, legally described as all of Lot 2 and the West 13 feet of Lot 1, Ute Addition to the City and Townsite of Aspen, Pitkin County, Colorado. SUMMARY: A conditional use approval was granted in 1996 for the development of a 410 square foot accessory dwelling unit pursuant to Aspen Planning and Zoning Commission Resolution No. 25 Series of 1996. A deed restriction was recorded on June 19, 1996 as Reception No. 393847. Occupancy of the ADU was not mandatory. The Applicant proposes the removal of the ADU and vacating the deed restriction. Section 26.520.090[C] establishes the approval process for removal of ADUs. tn order to initiate the vacation of the deed restriction. the Applicant will be required to mitigate for affordable housing at a Category 2 rate for .38 full-time equivalents (FTEs). The Land Use Code allows for the required mitigation to be achieved by either a fee-in-lieu payment or the extinguishment of an Affordable Housing Credit. The Applicant has purchased Affordable 1Iousing Credits. Additionally, any structural changes necessary to remove the ADU must be issued a building permit and pass a final inspection by the Chief Building Official. STAFF EVALUATION: Staff finds that the request meets the requirements of an Amendment of an ADU or Carriage House Development Order; allowing for the removal of an ADU/Carriage House. DECISION: The Community Development Director finds the Amendment of an Accessory Dwelling Unit Development Order to remove an ADU unit and vacate a deed restriction as noted tillillillillitilillillillill'Illililillillitillill'Illilillilillilillitill Active/48658483.1 RECEPTION#: 648944, R: $18.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 2, 07/23/2018 at 10:23:32 AM Janice K. Vos Caudill, Pitkin County, CO .. above meets the requirements as described in the Land Use Code, and APPROVES the request to vacate the ADU subject to the following conditions: 1) The extinguishment of an Affordable Housing Certificate of.38 FTE provided at a Category 2 rate. This requirement will be implemented as part of the building permit process. 2) The application for a building permit and issuance of a Certificate of Occupancy or Letter of Completion by the Chief Building Official approving the physical changes made to the ADU to include, but not limited to the removal of necessary kitchen facilities. 3) Once both conditions are met, a release of deed restriction, approved by the Aspen Pitkin County Housing Authority and acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. APPROVED BY: ~AFFRAd,~tj liE\/t ---jG~' Jessica GAg*w Date Community Development Director CONSENTED TO: Signed: Thomas P. Nerner--T Cksat (ut-k. 444# Signed: Christine Walker Nerney Attachments: Exhibit A - Aspen P&Z Resolution No. 2, Series of 1996 (not recorded) Exhibit B - Original ADU Deed Restriction (Reception # 393847) (not recorded) Exhibit C - Application (not recorded) Active/48658483.1 â€¢ E-><tuaT h RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING CONDITIONAL USE APPROVAL FOR AN ACCESSORY DWELLING UNIT TO BE CONSTRUCTED AT 971 UTE RESOLUTION NO. 1 WHEREAS pursuant to Section 26.60.040 ofthe Land Use Regulations ofthe City of Aspen, accessory dwelling units may be approved by the Planning and Zoning Commission as a conditional use, and WHEREAS a development application for a conditional use approval shall meet the following standards: a. The conditional use shall be consistent with the purposes, goals, objectives, and standards ofthe Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located, b. The conditional use shall be consistent and compatible with the character of the immediate vicinity ofthe parcel proposed for development and surrounding land uses, or it shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development, c. The location, size, design, and operating characteristics ofthe proposed conditional use shall minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations, and odor on surrounding properties; d. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency, hospital and medical services, drainage systems, and schools, e. The applicant shall commit to supply affordable housing to meet the incremental need for increased employees generated by the conditional use, and f. The proposed conditional use shall comply with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all applicable requirements ofthis title. WHEREAS Bass/Cahn Properties, as represented by Stuart Lusk ofLusk Design, submitted an application for a conditional use approval for an accessory dwelling /..' .. -A. 15 P-+4--Ve- .. unit to be constructed at 971 Ute Avenue, Aspen, Colorado, and WHEREAS a public hearing was held at a regular Aspen Planning and Zoning Commission hearing on April 16, 1996, in which the Commission considered and approved the applicant's request by a vote of to with conditions; NOW, THEREFORE, BE IT RESOLVED: That the 410 square foot accessory dwelling unit at 971 Ute Avenue, City of Aspen, is approved subject to the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the net livable area ofthe accessory dwelling unit is a minimum ofthree hundred and forty (340) square feet, b. Verify with the Housing Office that the unit will be built with a kitchen having a minimum of a two burner stove with oven, standard sink, and a 6-cubic foot refrigerator with freezer, c. Upon approval ofthe deed restriction by the Housing Office, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorder's Office and provide proof of recordation to the Community Development Department. The deed restriction shall state that the accessory dwelling unit meets the housing guidelines for such units, meets the definition ofResident Occupied Unit, and if rented, the unit shall be rented for periods of six (6) months or longer, d. Clearly identify the accessory dwelling unit on building permit plans as a separate studio unit having a private exterior entrance and being in compliance with U.B.C. Chapter 35 sound attenuation requirements, e. Provide a drainage plan to confirm that the historic surface run-off shall be maintained on-site, Â£ Submit a landscape plan, preserving the existing willow, if possible, to the Park's Department for review, g. Apply for a tree removal permit two (2) weeks prior to the issuance of a building permit ifthe existing willow (8" diameter, multi-stemmed), spruce (81/2" diameter), and/or two (2) aspen trees (8" diameter) are removed. The required mitigation for the removal of any of these trees shall be as per Section 15.04.450 ofthe Municipal Code. .. 2. Prior to the issuance of a certificate of occupancy, the Community Development Department shall inspect the accessory dwelling unit to determine compliance with the conditions of approval. 3. The applicant shall consult with various City departments in regards to the following: a. City engineering for design considerations and any development within public rights-of-way, b. Parks department for tree removal, landscaping, and vegetative species, c. City streets department for any work or development, including landscaping, within public rights-of-way. 4. Any new surface utility needs including pedestals must be installed on-site. 5. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. 6. 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. 7. Prior to the issuance of a certificate of occupancy, the Community Development Department shall inspect the accessory dwelling unit to determine compliance with the conditions of approval. APPROVED by the Planning and Zoning Commission at its regular meeting on April 16, 1996. PLANNING AND ZONING COMMISSION 1-0-11 4030"3 ATTEST: Sara Garton, Chair . C Mld 4 2.el,'Flu. 0.6 feputy Sity Clerk 393847 06/19/96 10:5rl/PG 1 OF 3 ~ REC DOC ucc SILVIA DAVIS PITKIN COUNTY CLERK &,RECORDER 16.00 E.* 93 LTb ACCESSORY DWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION 26.40.090 OF THE CITY OF ASPEN MUNICIPAL CODE THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered into this day of May, 1996, by Bass/Cahn Properties ("Owner") for itself, its successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office ("Authority"). WHEREAS, Owner owns that parcel of real property located at 971 Ute Avenue, in the City of Aspen, County of Pitkin, Colorado, more specifically described as Lot 2 and the West 13 feet of Lot 1, Ute Addition to the City and Townsite of Aspen, upon which is situate a Free Market Dwelling to contain a 343 net liveable square foot studio, accessory dwelling unit ("Unit"); and WHEREAS, Owner agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained where, the Owner hereby covenants and agrees as follows: 1. The Unit as identified hereinabove shall not be condominiumized and, if rented, shall be rented only in accordance with the guidelines as adopted and as may be amended from time to time by the Authority governing "resident-occupied" dwelling units. 2. Owner need not rent the Unit; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be for a period of not less than six (6) consecutive months. Owner shall maintain the right to select the qualified resident of its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified resident. 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction of non-complying tenants. 4. It is understood and agreed by the Owner that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver .. of any breach of the same or other term or condition, nor shall failure to enforce any one of the terms or conditionsl either by forfeiture or otherwise, be construed as a waiver of any term or condition. IN WITNESS HEREOF, Owner has placed its duly authorized signature hereto on the date as described above. OWNER: By: (Name of (kim4~>/--,/./// U Mailing Address: LA-41 pe 4 TÂ»-3.12 loT H,04 -L- 7 9 5 En'~ b 5-Â© A bjei CLC> 21(-O 1' STATE OF O~DY-tic~'1 ) ) SS. COUNTY 02 ~34%* ) The foregoing instrument was acknowledged before me thisi~_clay of May, 19961 by ~~G~=a:Â£=A=4:ep=~4--crrtl=rÂ£ No~.~) 4, Lf/ 0-8 Â«as . WITNESS MY hand and official seal. MY COMMISSION EXPIRES: My Commission expires: JANUARY 13, 1999 Date ~ < 111:.,J, ~_ J c,--e-,aki-Z'<-,a /~681 fiTA b h f ' 1/"Wi/54Ffiliki- 1*tary Public . 2.- S.tÂ· . - h Co .....r f 0Â£ CDC, 3 â€¢Â·b.,/Irt'% 393847 06/19/96 10:51 A PG 2 OF 3 2 .. ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY I - ,-7 By: Elizabkth krizmanich, Chairperson Mailing Address: 530 East Main Street, Suite 001 Aspen, CO 81611 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) A- The foregoing instrument was acknowledged before me this 3' day of June, 1996, by Elizabeth Krizmanich. WITNESS MY hand and official seal. My Commission expires: 3 -2290 Date 1 /1 0 9 2 1 l U Notary Pul#c , C 1 1K f ablof \ \dr\971 ute.adu \ CHRISTENSEN; I. 9,7 'EOF-EcAP 393847 06/19/96 10:51 A PG 3 OF 3 3 . DÂ«Â«0 SHERMAN@HOWARD 730 East Durant Avenue, Second Floor, Aspen, Colorado 81611-1557 Telephone 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 RECEIVED E-mail: csanders@shermanhoward.com May 18, 2018 Via Hand Delivery *7~Ar 3 0 20/8 COMMUN~F ASPEN Ben Anderson 1**ZAENT City of Aspen Community Development Department 130 South Galena Street, Second Floor Aspen, Colorado 81611 Re: Application for Amendment of an ADU or Carriage House Development Order Pursuant to Section 26.520.090.C of the City of Aspen Land Use Code; 971 Ute Avenue, Aspen, Colorado 81611; Pitkin County Assessor's Parcel Identification No. 273718295029 ("Subiect Property") Dear Mr. Anderson: I represent Thomas P. Nerney and Christine Walker Nerney (collectively, the "Applicants") as contract purchasers of the above referenced Subject Property. Pursuant to this letter and the attached documents, the Applicants hereby file their application for Amendment of an ADU or Carriage House Development Order pursuant to Section 26.520.090.C of the City of Aspen Land Use Code ("LUC"), and with respect to the Subject Property. 1. Introduction. As noted immediately above, this application (the "Application") seeks . the City' s approval of an Amendment of an ADU or Carriage House Development Order with respect to the Subject Property pursuant to Section 26.520.090.C of the City of Aspen Land Use Code. a. Applicable Provisions of Citv of Aspen Land Use Code ("LUC"). This Application is submitted pursuant to the following provisions o f the LUC: (1) LUC Section 26.304 Common development review procedures; and (2) LUC Section 26.520.090.C Removing an ADU/Carriage House. Active/48477713.1 .. b. Additional Application Materials. The additional documents and materials accompanying this Application consist of the following: (1) Exhibit 1: Land Use Application Form for the Subject Property; (2) Exhibit 1 -A: Pre-Application Conference Summary; (3) Exhibit 1-B: Proof of Ownership of the Subject Property; (4) Exhibit 1 -C Proof of Subject Property Owner's Consent to Application; (4) Exhibit 1 -D: Vicinity Map; (5) Exhibit 1 -E: Authorization for Curtis B. Sanders to represent the Applicants; (6) Exhibit 1 -F: Agreement to Pay of Applicants; (7) Exhibit 1 -G: Homeowner Association Compliance Policy; (8) Exhibit 2: Approval Resolution; and (9) Exhibit 3: Deed Restriction. 2. Description of Subiect Propertv. The Subject Property is legally described as all of Lot 2 and the West 1 3 feet of Lot 1, Ute Addition to the City and Townsite of Aspen, Pitkin County, Colorado, and includes and existing approximately 4,282 s.f. residence, which was originally constructed in 1996 by a prior owner. When the Subject Property was redeveloped in 1996, the prior owner obtained conditional use approval for a 410 square foot accessory dwelling unit ("ADU") on the Property, pursuant to City of Aspen Planning and Zoning Commission Resolution No. 2, Series of 1996 (the "1996 Approval Resolution"). A copy of the Approval Resolution is attached hereto as Exhibit 2. Pursuant to the Approval Resolution, the prior owners entered into an Uccessory Dwelling Unit Deed Restriction Pursuant to Section 26.40.090 ofthe City ofAspen Municipal Code" ("Deed Restriction") recorded on June 19,1996 as Reception No. 393847. A copy of the Deed Restriction is attached hereto as Exhibit 3. The Deed Restriction provides, among other things, that occupancy of the ADU is on a voluntary basis. Pursuant to the Approval Resolution, the prior owners constructed the existing ADU on the property, which ADU is partially below-grade, and is accessible from a separate set of stairs, leading to the exterior of the residence on the Subject Property. The Applicants have entered into a contract to purchase the Subject Property, and are scheduled to close this purchase later this month. In connection with the Applicants' due diligence investigation of the Subject Property, the Applicants concluded that the existing ADU is not an appropriate use in connection with the Subject Property, and therefore, it made sense to convert the ADU to a legal bedroom pursuant to the provisions ofthe LUC. Accordingly, the Applicants have elected to pursue a vacation of the Deed Restriction and elimination of the ADU, and to provide for the mitigation of the elimination of the ADU with affordable housing mitigation for .38 full-time equivalents in the form of Certificate of Affordable Housing Credits. The Applicants have contract with the seller of the Subject Property for .04 Affordable Housing Credits, and have also negotiated with a third party for the purchase of an additional .34 Affordable Housing Credits. The Applicants are scheduled to close their purchase of the Certificate of Affordable Housing Credits simultaneous with the closing of their purchase of the Subject Property. 3. Nature of Applicants' Request. The Applicants are requesting the City's approval of: (1) the vacation ofthe Deed Restriction; (2) the physical removal of the ADU; and (3) the 2 Active/48477713.1 .. Applicants' providing for the mitigation of the elimination of the ADU with affordable housing mitigation for .38 FTEs in the form of Certificate of Affordable Housing Credits. 4. LUC Review Requirements. a. LUC Section 26.304 - Common Development Review Procedures. LUC Section 26.304 sets forth various requirements that generally apply to City of Aspen land use applications. Pertinent to this Application, the Applicants' representative has attended a preapplication pursuant to LUC Section 26.304.020. The Applicants have submitted this Application and paid the applicable fees pursuant to LUC Section 26.304.030. Pursuant to LUC Section 26.304.040 and Exhibit 1 -C to this Application, the Applicants have the authority to submit this Application in connection with the Subject Property, and the Applicants have designated the undersigned to act as Applicants' authorized representative with respect to such matters. With respect to the remaining provisions of LUC Section 26.304, the Applicants agree to abide by such other provisions, and that the Applicants' Application shall be processed and reviewed by the City of Aspen pursuant to such provisions. b. LUC Section 26.520.090.C - Removing an ADU/Carriage House. LUC Section 26.520.090.C provides in its entirety as follows: C. Removing an ADU/Carriage House. An amendment application that proposes to physically remove an ADU or Carriage House from a property and vacate the deed restriction may be approved by the Community Development Director if all of the following criteria are met. To remove or decommission a Mandatory Occupancy ADU, the requirements of 26.520.090.B must first be met prior to complying-with this subsection. For an ADU or Carriage House developed prior to the adoption of Ordinance No. 35 Series 2015. 1. The applicant shall provide affordable housing mitigationfor .38 full-time equivalents (FTEs). Mitigation shall be provided at a Category 2 rate prior to issuance of any permit required to accomplish the decommissioning or removal of the unit. This may be provided through extinguishment of a Certificate of Affordable Housing Credit (See Chapter 26.540 - Certificates of Affordable Housing Credit) or by providing a fee-in-lieu payment according to the rates specified in the current Aspen/Piktin County Housing Authority Guidelines, as amended from time to time. (Commentary - The .38 figure reflects a typical ADU being a studio or one- bedroom unit housing 1.5 FTEs -with an approximate 25% occupancy. 1.5 x .25 = .375, rounded to.38.) 2. The physical changes necessary to remove the ADU/Carriage House have been accomplished and issued a final inspection by the Chief Building Official (Building permits are required.) Once this has been accomplished, a release of deed restriction, acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. For an ADU or Carriage House developed after the adoption of Ordinance No. 35, Series 2015 or for an ADU or Carriage House developed prior to this date which the applicant can demonstrate was not developed for affordable housing mitigation purposes or to meet the 3 Active/48477713.1 .. requirements of a Development Order. (In other words, the unit must have been a "voluntary unit). Removing a voluntary unit may be approved by the Community Development Director if all of the following criteria are met. 1. The physical changes necessary to remove or decommission the ADU/Carriage House have been accomplished and issued a .final inspection by the Chief Building Official. (Building permits are required.) Once this has been accomplished, a release of deed restriction, acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. Removal or decommissioning of a voluntary unit shall not require additional affordable housing mitigation. The Applicants respond to such criteria as follows: (i) Compliance with Requirements for Mandatorv Occupancy ADU's. The ADU is not a "Mandatory Occupancy" ADU, and therefore, the requirements of 26.520.090.B are not required to first be met prior to complying with Subsection 26.520.090.C. (ii) ADU's Developed Prior to Adoption of Ordinance No. 35, Series 2015. Ordinance No. 35, Series 2015 was adopted on October 12, 2015. As noted above, the ADU was developed in 1996. Therefore, the ADU was developed prior to the adoption of Ordinance No. 35, Series of 2015, and the provisions of LUC Section 26.520.090.C governing ADU' s developed after the adoption of Ordinance No. 35, Series of 2015, are not applicable to this Application. The Applicants shall provide for affordable housing mitigation for .38 FTE's at a Category 2 rate prior to issuance of any permit required to accomplish the decommissioning or removal of the ADU through extinguishment o f Certificate of Affordable LIousing Credits. As noted above, the Applicants have entered into a contract for the purchase of such Certificate of Affordable Housing Credits evidencing such FTE's, and will provide such Certificate of Affordable Housing Credits to the City at the time of the Applicants' de-commissioning of the ADU. The Applicants agree that as a condition of the City's approval of their Application the physical changes necessary to remove the ADU shall have been accomplished and issued a final inspection by the Chief Building Official prior to the recording of a release of the Deed Restriction in the real estate records. 5. Conclusion. In light of the above, the Applicants respectfully request the City of Aspen's approval ofthe Applicants' herein requests. Sincerely, 413Â»___ Curtis B. Sanders Ene. ec: Thomas P. Nerney and Christine Walker Nerney 4 Active/48477713.1 â€¢ RECEIVED LAND USE APPLICATION FORM MAY 3 0 2018 PROJECT: Name: Thomas P. Nerney and Christine Walker Nerney CITY OF ASPEN ,OMMUNITY DEVELOPhENT 971 Ute Avenue, Aspen, Colorado 81611 Location: (Indicate street address, lot & block number. legal description where appropriate) Parcel ID # (REQUIRED) 273718295029 APPLICANT: Thomas P. Nernev and Christine Walker Nernev Name: c/o Curtis B. Sanders, Sherman & Howard L.L.Câ€ž 730 East Durant Street, Suite 200, Aspen, Colorado Address: 81611 Phone #: (970) 300-0114 REPRESENTATIVE: Curtis B. Sanders, Sherman & Howard L.L.C. Name: 730 East Durant Street, Suite 200, Aspen, Colorado 81611 Address: (970) 300-0114 Phone #: TYPE OF APPLICATION: (please check all that apply): 01 GMQS Exemption U Conceptual PUD U Temporary Use U GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment 01 Special Review U Subdivision U Conceptual SPA U ESA -8040 Greenline, Stream El Subdivision Exemption (includes U Final SPA (& SPA Amendment) Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane E Small Lodge Conversion/ Expansion U Commercial Design Review U Lot Split Â® Other: Application for Amendment of an U Residential Design Variance U Lot Line Adjustment ADU or Carriage House Development Order U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) The Propertv includes an existing single-family residence and ADU. The Property is subiect to City of Aspen Planning and Zoning Commission Resolution No. 2. Series of 1996 and Accessory Dwelling Unit Deed Restriction Pursuant to Section 26.40.090 of the CitY of Aspen Municipal Code recorded on June 19, 1996 as Reception No. 393847 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Applicants propose: (1) the vacation of the recorded Accessory Dwelling Unit Deed Restriction: (2) the physical removal of the Accessorv Dwelling Unit: and (3) mitigation of the elimination of the ADU with affordable housing mitigation for .38 FTEs in the form of Certificate ofAffordable Housing Credits. Have you attached the following? FEES DUE: $975.00 Â® Pre-Application Conference Summary Â® Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form Â® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre- application conference summary will indicate if you must submit a 3-D model. Active/48477742.1 Exhibit 1 .. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Ben Anderson, 429.2765 DATE: May 14, 2018 PROJECT: 971 Ute Ave. REPRESENTATIVE: Curtis Sanders TYPE OF APPLICATION: Amendment of an ADU or Carriage House Development Order DESCRIPTION: The owner is interested in providing cash-in-lieu mitigation or a certificate of affordable housing credit to remove the deed restricted Accessory Dwelling Unit (ADU) at 971 Ute Ave. Approved as a Conditional Use in 1996 via P&Z Resolution No. 2., the ADU is a "voluntary" unit - meaning that it was not required to be rented, but if it was, only an APCHA qualified tenant could rent the unit. To remove the deed restriction pursuant to Aspen Municipal Code Section 26.520.090.C, the applicant shall provide mitigation for 0.38 Category 2 Full-time Equivalent employees in the form of Affordable Housing Certificates or fee-in-lieu. The current fee-in-lieu rate for Category 2 is $342,599.02, per FTE so mitigation by that method would be 0.38 x $342,599.02 = $130,187.62. Additionally, the Applicant shall obtain a building permit to decommission the ADU by removing the kitchen. A final inspection shall be issued prior to the release of the deed restriction. The release shall be accepted by the City Attorney and filed with the Pitkin County Clerk and Recorder. Below is a link to the Land Use Application Form for your convenience: https://www.citvofaspen.com/DocumentCenter/View/1835 The City of Aspen Land Use Code can be accessed at: https://www. citvofaspen. com/191/M un icipal-Code Land Use Code Section(s) 26.304 Common development review procedures 26.520.090.C Removing an ADU/Carriage House Review by: Staff for application completeness and Community Development Director for decision Public Hearing: N/A Planning Fees: $975 planning deposit for up to three billable hours. Additional/lesser hours billed/refunded at $325 per hour. Total Deposit: $975 ASLU ADU/Carriage House 971 Ute Avenue Exhibit 1-A .. To apply, submit one complete copy of the following information: El Completed Land Use Application and signed fee agreement. El Pre-application Conference Summary (this document). Il Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. El Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. El HOA Compliance form Â£ A copy of the existing deed restriction related to the ADU. m Written responses to all review criteria in Sec. 26.520.090.C El An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen. Once the copy is deemed complete by staff, the following items will then need to be submitted: E Total deposit for review of the application. Il A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. .. SHERMAN@HOWARD 730 East Durant Avenue, Suite 200, Aspen, Colorado 81611 Telephone: 970.925.6300 Fax 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L. L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com May 17,2018 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Dragontly Partners III, LLC; T.B.D. Eighth Street, Aspen, Colorado 81611; Lot 4, Ranger Station "Subdivision"; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that 971 AH LLC, a Colorado limited liability company, is the owner of certain improved real property located at 971 Ute Avenue, Aspen, Colorado 81611, and legally described as follows (the "Subiect Property"): Lot 2 and the West 13 feet of Lot 1, Ute Addition to the City and Townsite of Aspen, Pitkin County, Colorado. The Subject Property is subject to the following matters of record: 1. United States Patent recorded March 1, 1897 in Book 139 at Page 216. 2. Reservations and exceptions as set forth in the Deed from the City o f Aspen recorded February 6, 1888 in Book 59 at Page 343. 3. Easements, rights of way and all matters as disclosed on Plat of subject property recorded March 13,1897 in Plat Book 2 at Page 15. 4. Terms, conditions, provisions and obligations as set forth in License Agreement recorded April 18, 1996 as Reception No. 391917. 5. Terms, conditions, provisions and obligations as set forth in Accessory Dwelling Unit Deed Restriction recorded June 19, 1996 as Reception No. 393847. Active/48477699.1 Exhibit 1-B .. 6. Terms, conditions, provisions and obligations as set forth in Agreement recorded March 22,2006 as Reception No. 522056 and re-recorded to add completed notary page April 12,2006 as Reception No. 522889. 7. Terms, conditions, provisions and obligations as set forth in Declaration recorded January 12,2011 as Reception No. 576694 This letter shall further confirm that as the owner of the Subject Property, 971 AH LLC, LLC has the right and authority to file and pursue land use applications, variance requests, and other requests with the City of Aspen with respect to the Subject Property, as well as the right to authorize others to file and pursue such matters in connection with the Subject Property. Sincerely, 41Â»- Curtis B. Sanders 2 Active/48477699.1 .. 971 AH LLC c/o Chris Sot{ki Coldweli Banker Mason Morse 5 14 East Hyman Ave}me Aspen, Colorado 816 j I May 16,2018 City ofAspen Community Development Department 130 South Gatena Street, Third Floor Aspen, Colorado 81611 Re: 971 Ute Avenue, Aspen, Colorado 8161 1 (the "Property") Ladies and Gentlemen: I am writing as Manager of 971 AH LLC, a Colorado limited liability company, which is the owner ofthe above referenced Property. The current contract purchasers of the Property, Thomas P. Nerney and Christine Walker Nerney, desire to apply for, pursue and obtain at their own expense the City of Aspen's approval of an Amendment of an ADU or Carriage House Development Order with respect to the Property pursuant to Section 26.520.090.C of the City of Aspen Land Use Code, but which approval would not be made until after Mr. and Mrs. Nerney complete their purchase ofthe Property in the next few weeks. This letter shall confirm that 971 AH LLC authorizes Mr. and Mrs. Nerney to apply for, pursue and obtain the City of Aspen's approval of ati Amendment of an ADU or Carriage House Development Order with respect to tile Property pursuant to Section 26.520.090.C o f the City of Aspen Land Use Code in connection with the Property, and any other applications and/or approvals which may be required by the City of Aspen in connectioli therewith, including but not limited to, a building permit with respect to the existing ADU located on the Property for purposes of reinoving any existing kitchen improvements with respect to such ADU. Please contact Mr. and Mrs. Nerney's attorney Curtis B. Sanders, Sherman & Howard P.C., 730 East Durant Avenue, Suite 200, Aspen, Colorado 81611; (970) 925- 6300; csanders@shermanhoward.com with any questions. 971-A-H -1~z~Ditqlorado litnited liability.00]hpany ) fc .ff/1 1. u- , By: / ~ 'p f -4 \JjÂ»- ~'1Â§1'0Â§kâ‚¬0. PAerson, Manager Exhibit 1-C Active/48463095.1 ~Z Vicinity Map of 971 Ute Avenue . ~~ Pitkin Maps :Â· More â€¢ iff/Ff' Map Created on 1:54 PM 05/18/18 at http://www.pitkinmapsandmore.corn . , <41, 4 )G J.,rÂ¥@22=2,1, 4 ,~-1 2% ..1 â€¢Z: '-30 Ki?4 11, - =4*TraL, - 1 .M, r ' 6/0 --t-E=r.. 44% '41 .. . 1 O-'-"f--:LZ:--- --Fa/2,'21.4-Z<*: c"WI- .0,.-V -p.--- - - .Lf~ . - a -2404â„¢. --- -al,KE 4 .6- N -- - -' . :4/6/1%, Ap- firilitillf..pilli /. -I'll//Il /& 27.8. - ~, ... Legend b. ARDf .â€žt . - UAJ .9 -- -'-'p-Â·Â·d:&4097;70%244,4 ~~44,6424/L .,r,=2 . .1 ... --*- Driveway (fill) Road Centerline 9K 'b. --, State Highway 7 : , 1/,9,6.:*rk . A. . = Primary Road J,4,&*,,12'/,4:42 +Kili~/41 = Secondary Road t -VL L FIP#dil- . p. 4 AC k V VI,-Em~~il"jin'"aw./im/1'WÂ£m'J"&*8 Service Road usv; 9* 6 4 F ,-41 ,~. ,- 7 L Wlllbi,"-----"- Road Centerline !9 .,4/ - # ~4'' ' 9~ :L~>/1.q-Â»i~,-It_~~~~~~~~FL~~~<*1~~ o Primary Road 1 1 'p 2 - .9 114,/3./.Bilil/"MIRL .~ Secondary Road 4 '.1! . I: . 60' D/ER"Ill.I"*- Parcel Boundary . '49 9, - Federal Land Boundary : ~ BLM Â¤ State of Colorado 08 , 0 USFS 82 <. A. 43~979 -=44 1 <:A ~-- 0 11 - AA 41 -7*m '1 52 Z E . - - 330 =N â‚¬- Aset M 7 f. Wm 2 fi Notes r. '7- . . 4 2 000 0 0 1000.00 2,000.0 Feet THIS MAP IS FOR INFORMATIONAL PURPOSES. Exibit 1-D -1 Pitkin County GIS makes no warranty or guarantee 1: 12,000 concerning the completeness, accuracy, or reliability WGS_1984_Web_Mercator_Auxiliary_Sphere |~ of the content represented. .. THOMAS P. NERNEY CHRISTINE WALKER NERNEY 1 190 Devon Park Drive Wayne, Pennsylvania 19087 May 16,20 18 City of Aspen < Community Development Department 4110 130 South Galena Street. Third Floor Ir~' rÂ¥ 3 0 2018 Aspen, Colorado 8]611 .49*jo# 9 rÂ£*i~;70'e* Re: 971 Ute Avenue, Aspen, Colorado 81611 (the "Property") 49#* Ladies and Gentlemen: We are writing as the contract purchasers of the above referenced Property. We desired to apply for. pursue, and obtain at our own expense the City of Aspen's approval of an Amendment of an ADU or Carriage House Development Order with respect to the Property, and pursuant to Section 26.520.090.C of the City of Aspen Land Use Code. This letter shall confirm that we authorize attorney Curtis B. Sanders of Sherman & Howard L.L.C., and any other personnel of such firm to apply for, pursue and obtain the City of Aspen's review and approval of an Amendment of an ADU or Carriage House Development Order with respect to the Property pursuant to Section 26.520.090.C of the City of Aspen Land Use Code, and any other applications and/or approvals which may be required by the City of Aspen in connection therewith. including but not limited to, a building permit with respect to the existing ADU located on the Property for purposes of removing any existing kitchen improvements with respect to such ADU. Contact information for Curtis B. Sanders and Sherman & Howard L.L.C. are as follows: Curtis B. Sanders, Esq. Shennan & Howard L.L.C. 730 East Durant Avenue, Second Floor Aspen, Colorado 81611 Tel (970) 925-6300 Email: csanders@,shermanhoward.com Please contact the undersigned with any qipst) ons. /1 A i homes P. Nerney 63*37>100#Wth '7999 Christine Walker Nerney Activc/48464244 I Exhibit 1-E 003519 ' As L 4, ~ 9 ''70 12 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 4 Z E Agreement to Pay Application Fees FRQ ~ " . An agreement between the City of Aspen ("City'D and El 1 5 : 1 Please tvpe or print in all cap~ Address of Property. 971 UTE AVENUE. ASPEN, COLORADO 81611 Property Owner Name. 971 AH LLC, A COLORADO LIMITED LIABILITY COMPANY Representative Name (if different from Properly Owner): CURTIS B. SANDERS, ESQ. Billing Name and Address - Send Bills to: CURTIS B. SANDERS. ESQ..SHERMAN & HOWARD LL.C 730 EAST DURANT AVENUE, SUITE 200. ASPEN. COLORADO 81611 Contact info for billing: email: CSANDERS@SHERMANHOWARD.COM Phone: (970) 300-0114 I understand that the City has adopted, via Ordinance No, 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the properly owner I am respons+ble for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand these flat fees are non-fundable. $ 175.00 flatfee for ~) . $. flat fee for $. flat fee for . $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in pressing the application I understand that addiUonal costs over and above the deposit may accrue. l understand and agree thal it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to me made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such sendces I have read, understood, and agree to the Land Use Review Fee Policy including consequences fop no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional, monthly billings to the City to reinlburse the City for processing of my application at the hourly rates hereinafter stated. $975.00 deposit for UP TO THREE hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. S deposit for ~4 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Ld-*43-- Signature: Jessica Garrow. AICP Community Development Director v/ PRINT Name: Thomas P. Nernev and Christine Walker Nernev City Use: Fees Due: $ Received $ 975Â·CIO Tille: Case # November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 Exhibit 1-F Active/48477690.1 EN . . RECEIVED MAY 3 0 2018 CITY OF ASPEN COMMNTY DEVELOPINT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the property owner or Attorney representing the property owner. Name: 971 AH LLC, a Colorado limited liability company Property Owner ("ID: Email: csanders@shermanhoward.corn Phone No.:(970) 300-0114 Address of Property: 971 Ute Avenue, Aspen, Colorado 81611 (subject of application) I certify as follows: (pick one) Â® This property is not subject to a homeowners association or other form of private covenant. E] This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. [3 This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this document is a public document. Owner signature: date: Owner printed name: or, Attorney signature: date: May 18, 2018 Attorney printed name: Curtis B. Sanders, A.R. 23551 Exhibit 1-G Active/48477727.1 .. RESOLUTION OF TIIE ASPEN PLANNING AND ZONING COMMISSION GRANTING CONDIT[ONAL USE APPROVAL FOR AN ACCESSORY DWELLING UNIT TO BE CONSTRUCTED AT 971 UTE RESOLUTION NO. 1 WHEREAS pursuant to Section 26.60.040 ofthe Land Use Regulations ofthe City of Aspen, accessory dwelling units may be approved by the Planning and Zoning Commission as a conditional use, and WHEREAS a development application for a conditional use approval shall meet the following standards: a. The conditional use shall be consistent with the purposes, goals, objectives, and standards ofthe Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located, b. The conditional use shall be consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or it shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development, c. The location, size, design, and operating characteristics ofthe proposed conditional use shall minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations, and odor on surrounding properties; d. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency, hospital and medical services, drainage systems, and schools, e. The applicant shall commit to supply affordable housing to meet the incremental need for increased employees generated by the conditional use, and Â£ The proposed conditional use shall comply with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all applicable requirements ofthis title. WHEREAS Bass/Cahn Properties, as represented by Stuart Lusk ofLusk Design, submitted an application for a conditional use approval for an accessory dwelling Exhibit 2 .. unit to be constructed at 971 Ute Avenue, Aspen, Colorado, and WHEREAS a public hearing was held at a regular Aspen Planning and Zoning Commission hearing on April 16, 1996, in which the Commission considered and approved the applicant's request by a vote of to with conditions; NOW, THEREFORE, BE IT RESOLVED: That the 410 square foot accessory dwelling unit at 971 Ute Avenue, City of Aspen, is approved subject to the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the net livable area of the accessory dwelling unit is a minimum ofthree hundred and forty (340) square feet, b. Verify with the Housing Office that the unit will be built with a kitchen having a minimum of a two burner stove with oven, standard sink, and a 6-cubic foot refrigerator with freezer, c. Upon approval ofthe deed restriction by the Housing Office, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorder's Office and provide proof of recordation to the Community Development Department. The deed restriction shall state that the accessory dwelling unit meets the housing guidelines for such units, meets the definition ofResident Occupied Unit, and if rented, the unit shall be rented for periods of six (6) months or longer, d. Clearly identify the accessory dwelling unit on building permit plans as a separate studio unit having a private exterior entrance and being in compliance with U.B.C. Chapter 35 sound attenuation requirements, e. Provide a drainage plan to confirm that the historic surface run-off shall be maintained on-site, Â£ Submit a landscape plan, preserving the existing willow, if possible, to the Park's Department for review, g. Apply for a tree removal permit two (2) weeks prior to the issuance of a building permit ifthe existing willow (8" diameter, multi-stemmed), spruce (81/2" diameter), and/or two (2) aspen trees (8" diameter) are removed. The required mitigation for the removal of any of these trees shall be as per Section 15.04.450 of the Municipal Code. .. 2. Prior to the issuance of a certificate of occupancy, the Community Development Department shall inspect the accessory dwelling unit to determine compliance with the conditions of approval 3. The applicant shall consult with various City departments in regards to the following: a. City engineering for design considerations and any development within public rights-of-way, b. Parks department for tree removal, landscaping, and vegetative species, c. City streets department for any work or development, including landscaping within public rights-of-way. 4. Any new surface utility needs including pedestals must be installed on-site. 5. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. 6. 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. 7. Prior to the issuance of a certificate of occupancy, the Community Development Department shall inspect the accessory dwelling unit to determine compliance with the conditions of approval. APPROVED by the Planning and Zoning Commission at its regular meeting on April 16, 1996. PLANNING AND ZONING COMMISSION %0-1Lk xÂ»UND ATTEST: Sara Garton, Chair 1 i i ila loft,nu. 6 6 Deputy Eity Clerk 393847 06/19/96 179951 A PG 1 OF 3 REC DOC UCC SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 16.00 ACCESSORY DWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION 26.40.090 OF THE CITY OF ASPEN MUNICIPAL CODE THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered into this day of May, 1996, by Bass/Cahn Properties ("Owner") for itself, its successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office ("Authority"). WHEREAS, Owner owns that parcel of real property located at 971 Ute Avenue, in the City of Aspen, County of Pitkin, Colorado, more specifically described as Lot 2 and the West 13 feet of Lot 1, Ute Addition to the City and Townsite of Aspen, upon which is situate a Free Market Dwelling to contain a 343 net liveable square foot studio, accessory dwelling unit ("Unit"); and WHEREAS, Owner agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained where, the Owner hereby covenants and agrees as follows: 1. The Unit as identified hereinabove shall not be condominiumized and, if rented, shall be rented only in accordance with the guidelines as adopted and as may be amended from time to time by the Authority governing "resident-occupied" dwelling units. 2. Owner need not rent the Unit; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be for a period of not less than six (6) consecutive months. Owner shall maintain the right to select the qualified resident of its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified resident, 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction of non-complying tenants. 4. It is understood and agreed by the Owner that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver Exhibit 3 .. of any breach of the same or other term or condition, nor shall failure to enforce any one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. IN WITNESS HEREOF, Owner has placed its duly authorized signature hereto on the date as described above. OWNER: By: (Name of 9907 Mailing Addres~: Dulaire 4 -ti--*_) N torÂ»C.-Â£- 7 4 5 6 9 6 56 b 1-rj Flti CAL> QU )/ STATE OF 606-61' ) SS. COUNTY 09 P'j.nL } The foregoing instrument was actinowledged before me thig~ day of May, 1996, by - - -. Noco 4, 01/ 1 0 1 S . WITNESS MY hand and official seal. MY COMMISSION EXPIRES: My Commission expires. JANUARY 13,1999 Date K . .. I. 1*tary Public P : A '1 -V-9- 2.- 6 :., 03 03 /1 ~ . 7'.... OF CDC*.. 393847 06/19/96 10:51 A PG 2 OF 3 2 .. ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY .<2 By: 1 Elizabeth Rrizmanich, Chairperson Mailing Address: 530 East Main Street, Suite 001 Aspen, CO 81611 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) JL- The foregoing instrument was acknowledged before me this O day of June, 1996, by Elizabeth Krizmanich. WITNESS MY hand and official seal, My Commission expires: 3-,22-9(7 Date C f \ Notary Putic e/ i ONDY Â£ i. CHRISTENSEN ; \dr\971 ute.adu :O 4... ...7 ' 4~0~726Â©J 393847 06/19/96 10:51 A PG 3 OF 3 3