HomeMy WebLinkAboutLand Use Case.CU.100 Park Ave.A3-95y., .-.
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: O1 11 95 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-181-00-031 A3-95
STAFF MEMBER: KJ
PROJECT NAME: 100 Park Ave. Conditional Use Review for ADU
Project Address: 100 Park Ave.
Legal Address: Lots 17 & 18 Block 6. Riverside Addition
APPLICANT: BKR Partners LLC
Applicant Address: 201 N Mill St Ste 201 Aspen
REPRESENTATIVE: Keith Howie Bill Poss & Assoc. 5-4755
Representative Address/Phone: 605 E. Main St.
Aspen CO 81611
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FEES: PLANNING $ 224 # APPS RECEIVED 1
ENGINEER $ # PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $ 224
TYPE OF APPLICATION: STAFF APPROVAL: _ 1 STEP: X 2 STEP:
P&Z Meeting Date PUBLIC HEARING: NO
VESTED RIGHTS: YES NO
CC Meeting Date
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
REFERRALS:
. City Attorney Parks Dept. School District
{ City Engineer Bldg Inspector Rocky Mtn NatGas
~jl ~/,Y~ Housing Dir. Fire Marshal CDOT
~} U Aspen Water Holy Cross Clean Air Board
~ City Electric Mtn. Bell Open Space Board
'
Envir.Hlth. ACSD Other
Zoning Energy Center Other
DATE REFERRED: ~ ~~ INITIALS: 7V"
FINAL ROUTING:
DATE ROUTED: 3 i
DUE__
S INITIAL• ~~-~
City Atty l~ City Engineer ~~ /~oninq Env. Health
Housing Open Space `1/ Other:~~~
FILE STATUS AND LOCATION: ~`'S
Cj ~ r
RESOLIITION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF CONDITIONAL IISE AND VESTED RIGHTS FOR AN ATTACHED
ACCESSORY DWELLING IINIT AT THE BRR PARTNERS LLC RESIDENCE, LOTS 17
AND 18, BLOCK 6, RIVERSIDE ADDITION
Resolution No. 95-~
W$EREAB, pursuant to Section 5-510 of the Aspen Land Use
Regulations accessory dwelling units may be approved by the
Planning and Zoning Commission as conditional uses in conformance
with the requirements of said Section; and
WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal
Code, Vesting of Development Rights for a site specific development
plan may be approved at a public hearing for a period of three
years from the date of final development plan approval; and
WHEREAS, the Planning Office received an application from
BKR Partners LLC for Conditional Use review and vested rights for
a 426 s.f. garden level studio accessory dwelling unit at the
proposed residence; and
WHEREAS, the proposed unit is not 100$ above grade, therefore
the site is not eligible for an FAR bonus pursuant to the
definition of Floor Area "Accessory Dwelling Unit", Section 3-101
of the Aspen Land Use Code; and
WHEREAS, the Housing Office and the Planning Office reviewed
the proposal and recommended approval with conditions; and
WHEREAS, during a public hearing at a regular meeting on
February 7, 1995 the Planning and Zoning Commission approved by a
~O vote the Conditional Use review and vested rights for the
accessory dwelling unit with the conditions recommended by the
Planning Office.
WHEREAS, the subject property also received special review
approval for Floor Area Ratio Overlay on January 31, 1995.
NOW, THEREFORE BE ZT RESOLVED by the Commission:
Section 1: The BKR Partners LLC Conditional Use for a 426 s.f.
garden level accessory dwelling unit is approved with the following
conditions:
1. The owner shall submit the appropriate deed restriction to the
Aspen/Pitkin County Housing Office for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with minimum 6 month leases. Upon approval by the
Housing Office, the Owner shall record the deed restriction
with the Pitkin County Clerk and Recorder's Office.
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2. Prior to issuance of any building permits, a copy of the
recorded deed restriction for the accessory dwelling unit must
be forwarded to the Planning Office.
3. The unit shall comply with the kitchen requirements contained
in the Housing Guidelines.
4. The ADU shall be clearly identified as a separate dwelling
unit on Building Permit plans and shall comply with U.B.C.
Chapter 35 sound attenuation requirements.
5. The applicant shall consult the City Engineer and Parks
Department and shall obtain permits from the Streets
Department for any work or development including landscaping
within_the public right-of-way.
6. Precise floorplans of the accessory dwelling unit must be
approved by the Housing Office prior to the issuance of a
building permit.
7. Any increase in storm run-off must be contained on the
property.
8. The applicant shall agree to join any future improvement
districts which may be formed for construction of right-of-
way improvements.
9. The applicant shall consult City Engineering for design
considerations of development within public rights-of-way,
Parks Department for vegetation species, and shall obtain
permits for any work or development, including landscaping,
within public rights-of-way from City Streets Department.
10. Prior to the issuance of a Certificate of Occupancy, the
applicant shall construct sidewalks along Park Ave. and Cooper
Street. The new walks shall be approved by the City
Engineering Department and CDOT and an excavation permit must
be obtained from Public Works. The applicant shall also sign
a curb and gutter agreement for future work.
11. A trash and recycling area must be included on the building
permit drawings.
12. 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.
Section 2: Pursuant to Section 24-6-207 of the Municipal Code,
the Planning and Zoning Commission does hereby grant the applicant
vested rights for the BKR Partners LLC site specific development
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plan as follows:
1. The rights granted by the site specific development plan
approved by this Resolution shall remain vested until
February 6, 1998. However, any failure to abide by the
terms and conditions attendant to this approval shall
result in forfeiture of said vested property rights.
Failure to timely and properly record all plats and
agreements as specified herein and or in the Municipal
Code shall also result in the forfeiture of said vested
rights.
2. The approval granted hereby shall be subject to all
rights of referendum and judicial review.
3. Nothing in the approvals provided in this Resolution
shall exempt the site specific development plan from
subsequent reviews and or approvals required by this
Resolution or the general rules, regulations or
ordinances of the City provided that such reviews or
approvals are not inconsistent with the approvals granted
and vested herein.
The establishment herein of a vested property right shall
not preclude the application of ordinances or regulations
which are general in nature and are applicable to all
property subject to land use regulation by the City of
Aspen including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. In this
regard, as a condition of this site development approval,
the developer shall abide by any and all such building,
fire, plumbing, electrical and mechanical codes, unless
an exemption therefrom is granted in writing.
Section 3: The City Clerk shall cause notice of this Resolution
to be published in a newspaper of general circulations within the
City of Aspen no later than fourteen (14) days following final
adoption hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following
described property:
LOTS 17 AND 18, BLOCK 6, RIVERSIDE ADDITION
CITY OF ASPEN, COLORADO
APPROVED by the Commission at its regular meeting on February 7,
1995.
Attest:
Jan Carney, Deputy City Clerk
Planning and Zoning Commission:
Bruce Kerr, Chair
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MEMORANDIIM ~ ~r V V
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T0: Planning and Zoning Commission l/ /~/ ~.
FROM: Kim Johnson, Planner '.(/ I .IN.Rw-
RE: BKR Partners LLC Conditional Use for an Attached
Accessory Dwelling Unit and Vested Rights - Public
Hearing ~_~
C
DATE: February 7, 1995 1 ~~ /~r
SIIMMARY: The Planning Office r nds approval of the BKR
Partners LLC Conditional Use for 425 s. garden level studio
accessory dwelling unit to be create in a new residence with
conditions. Vested rights were also requested with this
application. Because of the request, an approval resolution
including vested rights is attached to this memo.
APPLICANT: BKR Partners LLC, represented by Keith Howie, Poss
Associates
LOCATION: An un-addressed parcel of 5,682 s.f. (a non-conforming
lot of record) at the northwest corner of Park Avenue and E. Cooper
Avenue, (Lots 17 and 18, Block 6, Riverside Addition)
ZONING: R-6
APPLICANT'S REQIIEST: The applicant requests Conditional Use for
the constructiorden level studio accessory dwelling unit
within a propos ,130 .f. residence in accordance with Ordinance
1 requirements. T e site is vacant. The ADU will be adjacent to
the garage on the alley side of the parcel. The unit will have
internal access to the home via a' doorway to the mudroom. Because
the ADU is not substantially above grade the applicant is not
eligible for an FAR bonus for the property. The applicant has
submitted floor plan, elevation, and site drawings for the proposed
ADU. See Exhibit "A".
PROCESS: The Planning Commission shall make a determination on the
Conditional Use for the accessory dwelling unit. This new
residence also received special review overlay approval on January
31, 1995. This review was required because the structure exceeds
85% of the FAR limit.
REFERRAL COMMENTS:
Housing: The proposed unit must meet the requirements of Section
24-5-510 of the Aspen Municipal Code. It shall be between 300 and
700 square feet of net livable area, deed restricted to resident
occupancy, and have minimum lease periods of 6 months. Precise
floorplans of the accessory dwelling unit must be approved by the
Housing Office prior to the issuance of a building permit. The
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deed restriction shall be approved by the Housing Office, recorded
with the County Clerk, and proof of recordation forwarded to the
Housing office prior to issuance of any building permit. The
kitchen must meet the requirements established in the 1994 Housing
Guidelines, which includes a minimum of a two-burner stove with
oven, a standard sink, and a 6 cubic foot refrigerator plus
freezer. (Exhibit "B")
STAFF COMMENTS: The Commission has the authority to review and
approve development applications for conditional uses pursuant to
the standards of Section 7-304:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located.
RESPONSE: This proposed unit will allow the property to house
local employees in a residential area, which complies with the
zoning and Aspen Area Comprehensive Plan.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity.
of the parcel proposed for development.
RESPONSE: The accessory dwelling is compatible with the principal
dwelling and other single family and duplex residential uses in the
surrounding neighborhood.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
RESPONSE: A parking space is not required by code for a studio
accessory unit. Parking is not considered critical because of the
parcel's location on the Mountain Valley bus route. The unit will
not be visible as a separate dwelling. There are not other
anticipated impacts associated with this ADU.
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 medical services, hospital and medical services,
drainage systems, and schools.
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RESPONSE: All public facilities are already in place for the
neighborhood.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
RESPONSE: The unit must comply with kitchen requirements of the
Housing Guidelines. The applicant must file appropriate deed
restrictions for resident occupancy, including 6 month minimum
leases. Proof of recordation must be forwarded to the Planning
Office and Housing Office prior to issuance of any building
permits.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: If approved with the conditions recommended by staff,
this use complies with the Aspen Area Comprehensive Plan for
provision of sound, livable affordable housing units.
There are two items to which staff desires to alert the applicant.
First is the concern that the den shown on the entry level cannot
be used as a bedroom unless the Zoning Official and Building
Official determine that all applicable parking and egress
regulations are met. Secondly, the light wells for the below-
grade media room appear to violate setback allowances and must also
be reviewed by the Zoning Official and Building Official.
STAFF RECOMMENDATION: Planning recommends approval of the BKR
Partners Conditional Use for a 426 s.f. garden level accessory
dwelling unit with the following conditions:
1. The owner shall submit the appropriate deed restriction to the
Aspen/Pitkin County Housing. Office for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with minimum 6 month leases. Upon approval by the
Housing Office, the Owner shall record. the deed restriction
with the Pitkin County Clerk and Recorder's Office.
2. Prior to issuance of any building permits, a copy of the
recorded deed restriction for the accessory dwelling unit must
be forwarded to the Planning Office.
3. The unit shall comply with the kitchen requirements contained
in the Housing Guidelines.
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Additional Conditions of Approval
BKR Partners Conditional Use for an ADU
2/7/95
1) Any increase in storm run-off must be contained on the
property.
2) The applicant shall agree to join any future improvement
districts which may be formed for construction of right-of-
way improvements.
3) The applicant shall consult City Engineering for design
considerations of development within public rights-of-way,
Parks Department for vegetation species, and shall obtain
permits for any work or development, including landscaping,
within public rights-of-way from City Streets Department.
4) Prior to the issuance of a Certificate of Occupancy, the
applicant shall construct sidewalks along Park Ave. and Cooper
Street. The new walks shall be approved by the City
Engineering Departmen nd an excavation permit obtained from
Public Works. The app scant shall also sign a curb and gutter
agreement for future rk.
5) A trash and recycling area must be included on the building
permit drawings.
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4. The ADU shall be clearly identified as a separate dwelling
unit on Building Permit plans and shall comply with U.B.C.
Chapter 35 sound attenuation requirements.
5. The applicant shall consult the City Engineer and Parks
Department and shall obtain permits from the Streets
Department for any work or development including landscaping
within the public right-of-way.
6. Precise floorplans of the accessory dwelling unit must be
approved by the Housing Office prior to the issuance of a
building permit.
7. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
RECOMMENDED MOTION: "I move to approve Resolution No. 95- for
Conditional Use and vested rights approval for a 426 s.f. garden
level accessory dwelling unit within the proposed BKR Partners
residence at Lots 17 and 18, Block 6, Riverside addition with the
conditions recommended in the Planning Office memo dated 2/7/95."
Resolution No. 95-
Exhibit:
"A" - Proposed Site Plan, Floorplan, and Elevations
"B" - Housing Office Referral Comments
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EXHIBIT ~r APPROVED r
19 BY RESOLOTION
1[[>3UidORANDQM
xo: Kim Johnson, Planning Office
E'ROU6: Cindy Christensen, Housing Office
DATE: January 25, 1995
&E: 30o Park Ave. Coaditiaosal t7se Reviaav Par a:a Acces9axy
c.roxxi=tis calf:
Parcel ID iQo. x737-1BI-oo-013
The Housing Office recommends approval for the requested accessory
dwelling unit based oa the following conditions:
Accessory dwelWlg writs shall mrdain not less than three hundred (300) sgUaro feet of afloweble
fl00r area end trot rntae than seven hundred (700) square feet oislawable floor Great. The un@ shall
be deed r~trided, meelNrg the housing authorrly's guideUnes for residetrt occupied traits and Shall
be Umited to trtttaU petfods d not less than sa (~ mamhs in duration. Owners ar fhe prtnapal
residence shall have the right to place a qualirrod employee or employees of hls or her drooeinp in
the accessory dwelUnp unit.
The applicant states that the proposed accessory dwelling unit ie
to consist of approximately 425 square feet of living area, and be
located within the single family residence. The accessory dwelling
unit shows that it deer have a private entrance, but there is some
concern as to the natural light for this unit. This should be
clarified before approval,
The kitchen must also be built to the following specifications:
Krte - For Accessary otiveltlttg Units and Caretaker DwelUrtg Urbts, a marimwn of a twe-burner
stove with oven, gtarxtard sink, and a 6•ct~ic scot refrigerator plus ttee¢er.
Hefore the applicant can receive building permit approval, the
applicant ttnlst provide to the Housing Office actual floor plane,
showing the net liveable calculation of the accessory dwelling unit
as defined by the Houaiag Office, and a signed and recorded Deed
Restriction, which can be obtained from the Housing Office. The
Housing Office must have the recorded book and page number prior to
building permit approval.
lrardtceterzal\183.pa.adu
MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, Engineering Department e`~
Date: February 7, 1995
Re: 100 Park Avenue Conditional Use for an Accessory Dwelling Unit (ADU)
Having reviewed the above referenced application, the Engineering Department has the
following comments:
1. Site Drainaee -One of the considerations of a development application for conditional
use is that there are adequate public facilities to service the use. One public facility that
is inadequate is the City street storm drainage system. The new development plan must
provide for no more than historic flows to leave the site. Any increase to historic storm
run-off must be maintained on site.
2. Sidewalk. Curb and Gutter - As required by Section 19-98 of the Municipal Code,
sidewalk will be required to be constructed on both the Cooper and Park Avenue
frontages prior to issuance of a certificate of occupancy. This code section also requires
that curb and gutter be constructed, however curb and gutter are only constructed in large
quantities when drainage and street cross section shapes are designed comprehensively. ~
The applicant will be required to enter an agreement to construct curb and gutter in the ='
future.
There is a berm which may have been placed in the public right-of-way on Cooper
Avenue without a permit. Part or all of the berm may need to be removed. The new
sidewalk must be five feet wide with a five foot buffer and snow storage space between
the curb and the sidewalk. The new sidewalk design must be approved by the city ~~
engineering department and an excavation permit obtained from public works for
construction in the public right-of-way.
The new house to the north will be installing sidewalk in the spring, and the
applicant is recommended to contact Ray Patch at 925-2323 to coordinate the two
sidewalks. Because of the narrow right-of-way on Park Avenue, the sidewalk there must
abut the property lines.
3. Trash & Utilit~Area -The final development plans must indicate the trash storage ~~
area, which may not be in the public right-of-way. All trash storage areas should be
indicated as trash and recycle areas. Any trash and recycle areas that include utility
meters or other utility equipment must provide that the utility equipment not be blocked
by trash and recycle containers.
4. Utilities -Any new surface utility needs for pedestals or other equipment must be
installed on an easement provided by the applicant and not in the public right-of-way.
5. Improvement Districts -The applicant shall agree to join any future improvement dis-,~ _: ~
tricts which may be formed for the purpose of constructing improvements in the public
right-of-way.
6. Work in the Public Right-of-way -Given the continuous problems of unapproved work
and development in public rights-of-way adjacent to private property, we advise the
applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city streets
department (920-5130).
cc: Cris Caruso
BKR Partners LLC, 201 North Mill, Suite 201, Aspen
Keith Howie, Bill Poss & Associates, FAX 920-2950, 605 East Main Street, Aspen
M95./3
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PIIBLIC NOTICE
RE: 100 PARR AVENQE CONDITIONAL IISE REVIEW FOR AN ACCESSORY
DWELLING IINIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, February 7, 1995 at a meeting to begin at 4:30 pm before
the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen to consider an application
submitted by BKR Partners LLC requesting approval of a Conditional
Use Review for an approximately 426 square foot Accessory Dwelling
Unit attached to a proposed new single family residence. The
property is located at 100 Park Avenue; Lots 17 & 18, Block 6,
Riverside Addition. For further information, contact Kim Johnson
at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO
920-5101.
s/Bruce Rerr. Chairman
Planning and 2oninq Commission
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005 E1iST MAIN STREET
ASPEN COLOHA00 816n
TELEPHONE 303925-4755
FACSIMILE 303H2O-2950
?.2?LIC?.TI~N FAR C~N)ITI~N?,L USE FAR ?.CCESS~RY )WELLING UNIT
1t• ?ark J.venue
Lets 17 and li, Riverside Addition
Aspen, ritkin County, Cwl~rad~
Applicant:
BKR Partners LLC
01 North Mill, Suite 201
A en, Colorado 81611
~`
~ Represented by
605 East Ma1n Street
Aspen, Colorado, 81611
(303) 925-4755
Contact: Keith Howie
~~
Bill Poss and Associates
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TABLE OF CONTENTS
I. Description of Application .........................
II. Background of Property .............................
IIT. Minimum Submission Contents ........................
IV. Special Review: Compliance With Neighborhood
Character Guidelines ................................
V. Conditional Use - Accessory Dwelling Unit...........
VI. Vesting of Rights ..................................
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EXHIBITS
1. Pre-Application Conference Summary
2. Disclosure of Ownership and Title Insurance Policy
3. Permission to Represent
4. Land Use Application Form and Supplement
5. Vicinity Map
6. Survey
7. Setbacks per City of Aspen
8. Natural Grade per City of Aspen
9. Proposed Plans and Elevations, FAR counts
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I. DESCRIPTION OF APPLICATION
This is a Land Use Application for 100 Park Avenue, also known
as Lots 17 and 18, Riverside Addition, City of Aspen, Pitkin
County, Colorado (the "Property"). This Land Use Application
requests review approval for conditional use for an accessory
dwelling unit.
II. BACKGROUND OF PROPERTY
The Property is a pre-existing non-conforming lot of record in
the R-6 Zone District. It is located on the corner of Park Avenue
and Highway 82 (Cooper Avenue). The Property is a difficult site
due to its narrowness. It was originally interpreted that the
building envelope on the Property was approximately 21 feet by 100
feet. As a result of the Applicant treating the Property as a
corner lot, the Building Enforcement Official has determined that
the building envelope is approximately 35 feet by 85 feet, which is
still quite narrow.
The Property is vacant. The natural topography (original
grade) is slightly tilted as shown in the plans. The Applicant has
designed a single family residential structure for the Property.
The Applicant is proposing an accessory dwelling unit for the
Property, which requires conditional use approval.
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III. MINIMUM SUBMISSION CONTENTS
The Applicant's name, address and telephone number are BKR
Partners, LLC, 706 West Main Street, Aspen, Colorado 81611, (303)
925-6300. A letter authorizing Bill Poss and Associates to
represent the Applicant, together with the name, address and
telephone number of the representative are attached as Exhibit 3.
The street address and the legal address of the parcel upon which
the development is proposed to occur are 100 Park Avenue, Lot 17
and 18, Riverside Addition, City of Aspen, Pitkin County, Colorado.
The Disclosure of Ownership and Title Insurance Policy are
attached as Exhibit 2, which discloses ownership of the parcel.
The Land Use Application form and the supplement with detailed
information on FAR, site coverage, etc. is are attached as Exhibit
4. A vicinity map locating the parcel within the City of Aspen is
attached as exibit 5. A current survey of the parcel is attached as
Exhibit 6.
IV. CONDITIONAL USE: ACCESSORY DWELLING UNIT
The Plans are attached hereto and include a sketch plan of the
site showing existing and proposed features which are relevant to
the review of the conditional use application. In addition,
proposed and elevations and floor plans are included.
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THE CONDITIONAL USE IS CONSISTENT WITH THE PURPOSES, GOALS,
AND OBJECTIVES AND STANDARDS OF THE ASPEN AREA COMPREHENSIVE
PLAN, AND WITH THE INTENT OF THE ZONE DISTRICT IN WHICH IT IS
PROPOSED TO BE LOCATED
RESPONSE: The proposed conditional use is for an accessory
dwelling unit. The AACP has encouraged employee housing, and
Ordinance No. 1, Series of 1990, gives the Applicant the option to
construct an accessory dwelling unit, which is a conditional use in
the R-6 Zone District. This furthers the goals of the AACP.
THE CONDITIONAL USE IS CONSISTENT AND COMPATIBLE WITH THE
CHARACTER OF THE IMMEDIATE VICINITY OF THE PARCEL PROPOSED FOR
DEVELOPMENT AND SURROUNDING LAND USES OR ENHANCES THE MIXTURE
OF COMPLIMENTARY USES AND ACTIVITIES IN THE IMMEDIATE VICINITY
OF THE PARCEL PROPOSED FOR DEVELOPMENT.
RESPONSE: The accessory dwelling unit has been carefully designed
and planned to be consistent and compatible with the parcel. The
access for the ADU is from the alley and the ADU is located above
grade. It is generously sized and has its own individual parking
spot. It is located away from snow-shedding roofs.
THE LOCATION, SIZE, DESIGN AND OPERATING CHARACTERISTICS OF
THE PROPOSED CONDITIONAL USE MINIMIZES ADVERSE EFFECTS,
INCLUDING VISUAL IMPACTS, IMPACTS ON PEDESTRIAN AND VEHICULAR
CIRCULATION, PARKING, TRASH, SERVICE DELIVERY, NOISE,
VIBRATION AND ODOR ON SURROUNDING PROPERTIES
6
o ~
~ ~'
RESPONSE: As illustrated by the plans, the ADU has minimal visual
impact and virtually no impact on parking, trash, service delivery,
noise, vibrations or odor since it is incorporated within a
proposed single family residence.
THERE ARE ADEQUATE FACILITIES AND SERVICES TO SERVE THE
CONDITIONAL USE INCLUDING BUT NOT LIMITED TO ROADS, POTABLE
WATER, SEWER, SOLID WASTE, PARKS, POLICE, FIRE PROTECTION,
EMERGENCY MEDICAL SERVICES, HOSPITAL AND MEDICAL SERVICES,
DRAINAGE SYSTEMS, AND SCHOOLS
RESPONSE: The Property is located within the City of Aspen and
will be served by City water, sewer, and septic. Police and fire
protection are available as well as emergency medical services,
hospital and medical services, and schools. Drainage will be
designed by an engineer to minimize adverse effects on historical
flows.
THE APPLICANT COMMITS TO SUPPLY AFFORDABLE HOUSING TO MEET THE
INCREMENTAL NEED FOR INCREASED EMPLOYEES GENERATED BY THE
CONDITIONAL USE
RESPONSE: This standard is not applicable. In any event, the
Applicant is supplying affordable housing in the form of the
proposed ADU.
THE PROPOSED CONDITIONAL USE COMPLIES WITH ALL ADDITIONAL
STANDARDS IMPOSED ON IT BY THE ASPEN AREA COMPREHENSIVE PLAN
AND BY ALL OTHER APPLICABLE REQUIREMENTS OF THIS CHAPTER
7
0 0
a~
RESPONSE: The ADU is in compliance with the AACP and all other
applicable requirements, as noted above.
VI. VESTING OF RIGHTS
The Applicant requests, pursuant to the City of Aspen Land Use
Code Section 6-207 that the Applicant's rights be vested.
8
City of Aspcn
Pre-Application Conference Swnmary
•
~~
,~
E~lydl7" l
. ~
~b 6
tanner U to
The applicant has 6cen rcyucsted Ia reslwnd to the following flans and provide Ute following
reports: _ -
laud Use Codc Sccllon Cmnmenls
"1
Referral Agencies The review is: Z onl (CC onl~) (P&Z and CC)
j Public Haring: (yv (no)
Uclxrsil for Ilte n(>Irlicalion Review:
Itcfcrral agrncy flat firs:
'I'U'fALU~I'USIT
(AJdiliwtal hours are t al a tale u 7b7 tr.)
Ta Apply Subntll the Pollutriag 6dunnnllun;
I. Prtxrf of ownership.
2. Signed fcc agreement.
3. Ap,rlic:ntt's name, address and Iclcphonc nwnlrcr in a letter signed by the applicant
which also stales the mm~c, address and fete thou nu tbcr of the rcprescnralivc.
A. 'Ibtal dclxrsil lirr rcvicty of the apitlicalimt ~ -
5. 3 copies of the crngrlcle application packer mu maps.
G. Swiunary Icner esplaininE the request (csistiag cmrdiliuns and proposed usrs), including
street address and Icgal drscriptiou of the pnrlierly.
7. M 8 I/2" Iry I I' vicinity map locating Ibe Irarcel within the City of Aspcn.
8. Silt plan shall include pmtrerty boundaries, lot size, pmpused access, and physical
features (Jrainageways, streams, rivers, etc.)
9.
10.
'these items need to be submitted if circled:
a. List of adjacent prulx:rly owners within 3W feel of the subject pmpeny wiW aJdresses.
b. Site photos. ~ _ ..~ a-. '_
c. Proof of legal accev to the iraarl. `' •' -
d. Flistoric Preservaliun Ctnmmuion review/approval.
. ~CccaQl~atiur~fl~~
Y
Type of Application (~tl~h r Wie
Description o(lheprojec7leve upmetri emg request ~
__ _
~~/3iT 2-
AL?40wneSSPOlicy ~ ~~~~ ~ •~/1•
. o®°~®®
Policy of Title Insurance
Issued By
New York TRW
Title Insurance Inc.
L J
I' 1
L J
0112-22225
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, NEW YORK TRW TITLE INSURANCE INC.,
a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against
loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured
by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land;
The company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
Counjersignt~:
New York TRW
Title Insurance Inc.
Chairman al the eoaro~
ATTEST
~~~~
Secretary
RN
• SCgEDIILE A-OWNER'S POLICY
085E NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NIINffiER
PCT-8651C2 04/20/94 ~ 11:55 A.M. $ 271,250.00 0112-22225'0
1. NAME OF INSURED:
BKR PARTNERS LLC., A COLORADO LIMITED LIABILITY COMPANY
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED ZN:
BKR PARTNERS LLC., A COLORADO LIMITED LIABILITY COMPANY
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
LOTS 17 AND 18, BLOCK 6, RIVERSIDE ADDITION TO ASPEN. COUNTY OF
PITKIN, STATE OF COLORADO.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(303) 925-1766
• POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE
COVER SHEET.
SCHEDD'LE B-OWNERS
.CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT-8651C2 04/20/94 c~ 11:55 A.M. 0112-222256
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1
2
3
4
5
Rights or claims of parties in possession not shown by the public records.
Easements, or claims of easements, not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
Water rights, claims or title to water.
6. Taxes for the year 1994 not yet due or payable.
7. The premises hereby conveyed may be entered by the proprietor of
any vein or lode of quartz or other rock in place bearing gold,
silver, cinnabar, lead, tin, copper, or other valuable deposits,
for the purpose of extracting and removing the ore from such vein
or lode, should the same, or any part thereof, be found to
penetrate, intersect, pass through, or dip into the mining ground
or premises hereby granted, as reserved in United States Patent
recorded June 17, 1949 in Book 175 at Pace 246.
8. Deed of Trust from BKR Partners L.L.C., a Colorado Limited
Liability Company To the Public Trustee of the County of Pitkin
For the use of Norwest Bank of Aspen, National Association
To secure $203,000.00
Dated April 15, 1994
Recorded April 20, 1994 in Bcok 748 at Page 120
Reception No. 369207
E:YCEPTIONS NUMBERED NONE ARE HEREBY OMITTED.
M
__
369^i~b _
P-r48 a
F'-11? ila/~i~/?4 11:S..A FG
I COUNTY CLERY: & .-.....,,~..
OF 1
1
RECORDER _
~ ~... ._ .__~-__.._.
~,Iji) x.13 .
5i:.-VIA DAVIS FIT
O
M
~° GENERAI, WARRANTY DEED
0
Z THIS DEED, made this ~_ day of April 1994, between ?SELVIN
pW„ ~ B. GROVER, of the County of Los Angeles and State of California
a a ~ ("Grantor"), and BRR PARTNERS, L.L.C., a Colorado limited liability
O ~ ~ ~ company, whose legal address is 201 N. Mill Street, Aspen,
~- Colorado, of the County of Pitkin and State of Colorado ("Grant-
_ ~ ees") .
U ~
~ ~ WITNESSETH:
C o That the Grantor for and in consideration of the sum of TEN
W o ~ - AND NO/100 DOLLARS ($10.00), the receipt and sufficiency of which
co~ is hereby acknowledged, hereby sells and conveys to the Grantees,
,y p, their heirs and assigns forever,-the following real property in the
~ } County of Pitkin and State of Colorado:
o~~l
w Lots 17 and 18, Block 6, Riverside Addition to Aspen,
V S H ~ TOGETHER with all its appurtenances and warrants title to the
A same SUBJECT TO AND EXCEPTING those items of record as follows:
1. All real estate taxes due in 1994 and payable in 1995.
XJ
2. The premises hereby conveyed may be entered by the
proprietor of any vein or lode of quartz or other rock in
place bearing gold, silver, cinnabar, lead, tin, copper,
or other valuable deposits, for the purpose of extracting
and removing the ore from such vein or lode, should the
same, or any part thereof, be found to penetrate,
intersect, pass through, or dip into the mining ground or
premises hereby granted, as reserved in U.S. Patent
recorded in Book 175 at Page 246.
IN WITNESS WHEREOF, the Grantor has executed this deed on the
date set forth above.
v
K
STATE OF CALIFORNIA )
(~ ) ss.
COUNTY OF LOS ANGELES) ~'
ALIFORNIA ALL-PURPOSE ACXNOWLEDGMENT
Na. 5193
~rCounty of ~~ > /~h ~, r-~p t // J} ,AJ / /y~ / /
// ~~/GG before me, ~~• -(o~~ /`~lLHe/J //l~e/7i1n1P0' ,
DAT NAME. TITLE OF OFFICER - E.G.. JANE DOE. NOTARY PU&JC
personally appeared
~personafly known to me - OR - ~ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrumerrt and ac-
u..n,ulcrinari rn me that he/she/they executed
~ OPTIONAL SECTION ~
CAPACITY CLAIMED 8Y SIGNER ``
Though statute does not require the Notary ro ~~:
till in the data below, doing so may prove
invaluable ro persons retying on the Oaamem-
I~ INDIVIDUAL y;
CORPORATE OFFICER(S) `~'
Ttn.Ets) ``
c
PARTNER(S) ~ LIMITED
GENERAL 'y
ATTORNEY-IN-FACT
TRUSTEE(S)
6DV~v/7'3
,.,, , .
\/ s,J
BRR PARTNERS LLC
706 WEST MAIN STREET
ASPEN, COLORADO 81611
Aspen/Pitkin Planning Office
City Ha11
130 South Galena, Third Floor
Aspen, Colorado 81611
Re: Authorization for Representation
Ladies and Gentlemen:
This letter will constitute the authorization for Bill Poss &
Associates, 605 E. Main Street, Aspen, Colorado 81611 (303) 925-
4755 to represent BKR Partenrs LLC, with respect to a Land Use
Application for Special Review and Conditional Use approvals and
all matters related thereto.
Very Truly Yours,
~ rt
B. Joseph Krabacher, Manager
~.
krabach er\l2rs\planning.3
J
EXHIBIT 4
ATTACHMENTI
LAND USE APPLICATION FORM
1) Project Name:
BKR Partners, LLC, Special Review/Conditional Use
2) Project Location: 100 Park Avenue (corner of Park and Cooper) Lot 17 and I8, Riverside Addition,
Aspen, Pitkin County, Colorado
3) Present Zoning: R-6
4) Lot Size: 5, 682 ~ . F.
5) Applicant's Name, Address & Phone: BKR Partners, LLC; 201 N. Mill Street, Ste. 201, Aspen, CO;
(303) 925-6300
6) Representative's Name, Address & Phone: Bill Poss and Associates, 605 E. Main Street, Aspen,
CO; (303) 925-4755
7) Type of Application (please check all that apply):
X Conditional Use
_ Special Review
_ 8040 Greenline
_ Stteam Mazgin
_ Mountain View Plan
_ Condominiumization
_ Conceptual SPA
Final SPA
_ Conceptual PUD
_ Final PUD
_ Subdivision
_ Text/Map Amendment
_ Lot Split/Lot Line Adjustment
_ Conceptual Historic
Development
_ Final Historic
Development
_ Minor Historic
Development
_ Historic Designation
_ GMQS Allotment
_ GMQS Exemption
8) Description of Existing Uses (number and type of existing structures; approximate sq ft; number of
bedrooms; any previous approvals granted to the property): Vacant Lot
9) Description of Development Application: Special review for Conditional Use approval for ADU.
10) Have you attached the following?
X Response to Attachment 2, Minimum Submission Contents
X Response to Attachment 3, Specific Submission Contents
X Response to Attachment 4, Review Standazds for your Application
X See attached exhibits.
BKR Partners, LLC ~
APPLICANT:
201 North Mill St., Suite 201, Aspen CO
ADDRESS:
ZONE DISTRICT: R-6
5,68 2 s.f. j .
LOT SIZE (SQUARE FEET):
0.00
EXISTING FAR:
ALLOWABLE FAR: 3151 s . f .
3130 s . f .
PROPOSED FAR:
EXISTING NET LEASABLE (commeraal):
PROPOSED NET LEASABLE (commerciaq:
EXISTING %OF SITE COVERAGE: 0 .00
3 S . 6 ~
PROPOSED %OF SffE COVEAAGE:
EXISTING °k OF OPEN SPACE (Commercial):
PROPOSED q° OF OPEN SPACE (Commer.): --
EXISTING MAXIMUM HEIGHT: aa,,.:m i nip • 0.00 t Pcce~ gam: 0.00
PROPOSED MAXIMUM HEIGHT: P~"pa l Blda • 2 8 ~ I Accessory BSI q- D N A
DNA
PROPOSED %OF DEMOLRION:
EXISTING NUMBER OF BEDROOMS: 0
PROPOSED NUMBER OF BEDROOMS: 4 (including ADU unit
EXISTING ON-SITE PARKING SPACES: 0
ON•SITE PARKING SPACES REQUIRED: 4
SETBACKS:
EXISTING: __ ALLOWABLE: 10 , PROPOSED: 10' -6"
Front:
- Front: Front:
Rear: ~ Rear. 2 0 '
- Rear: 2 0 '
Side: -- Side: 5 ' / 6 Trr Side: S ' - 6 " / 8 '
Combined FrontlRear. -- Combined FrVRr: 3~ ~ Combined Fronf/Rear:30' -6"
EXISTING NONCONFORMITIES/
ENCROACHMENTS:
VARIATIONS REQUESTED feligi~la fnr t andmarks Only character cromoatibiliN n inq must be made by HPC1:
FAR: Minimum Distance Between Buildngs:
SETBACKS: Front: Parking Spaces:
Rear: Open Space (Cammercal):
Side: Height (Cottage Infill Only):
Combined FrtJRr: Site Cove2ge (Cottage Infill Only):
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