HomeMy WebLinkAboutLand Use Case.CU.123 E Hyman Ave.A044-98,^... -.
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P &Z Resolution 98 -10
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR TWO (2) ACCESSORY
DWELLING UNITS ON 123 EAST HYMAN AVENUE (LOTS E AND F, BLOCK 69,
CITY AND TOWNSITE OF ASPEN), CITY OF ASPEN
Resolution 98- �o
WHEREAS, The Community Development Department received an application from
Davis -Horn, Inc., on behalf of RK Land and Cattle Co., owners, for a Conditional Use Review of
two (2) below -grade Accessory Dwelling Units having approximately four hundred eighty (480)
square feet each; and
WHEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code, 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, the Housing Office, City Engineering, City Zoning, Sanitation, and the
Community Development Department reviewed the proposal and recommended approval with
conditions; and
WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting
of the Planning and Zoning Commission on July 21, 1998, and continued to August 4, 1998 at
which time the Commission approved by a 7 -0 vote the Conditional Use for the 123 East Hyman
Avenue Accessory Dwelling Units with the conditions recommended by the Community
Development Department as amended.
NOW, THEREFORE BE IT RESOLVED by the Commission:
The Conditional Use for two (2) below -grade Accessory Dwelling Units containing
approximately 480 square feet each and attached to the corresponding residences on Lots E and
F, Block 69, City and Townsite of Aspen is approved with the following conditions:
Prior to the issuance of any building permits the applicant shall:
a. Verify with the Housing Office that the net livable floor area of each Accessory
Dwelling Unit will be between 300 and 700 square feet, and the units shall be totally
private, having private entrances and no rooms (i.e., mechanical rooms, etc.) that
might need to be accessed by people in the principle residences;
b. Verify with the Housing Office that each ADU will contain a kitchen having a
minimum of a two- burner stove with oven, standard sink, and a 6 -cubic foot
refrigerator plus freezer;
c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of
which must be obtained from the Housing Office, for each of the two ADUs;
d. Clearly identify the Accessory Dwelling Units (ADUs) on building permit plans as
separate one - bedroom units;
e. Provide a minimum of one off - street parking space for each ADU, and indicate these
designated parking spaces on the final plans;
f. Install any new surface utilities requiring a pedestal or other above ground equipment
on an easement provided by the property owner and not within the public rights -of-
way;
P &Z Resolution 9$: '
Page 2
g. Locate any additional proposed construction, including trash facilities, in such a way
that it does not encroach into an existing utility easement or public right -of -way;
h. Agree to join any future improvement district(s) which may be formed for the
purpose of constructing improvements in adjacent public rights -of -way; the
agreement shall be executed and recorded concurrently upon approval of this
application;
i. Submit working drawings to verify all height, setback, and floor area calculations, as
well as lot size and lot area calculations;
j. Complete and record a Sidewalk, Curb & Gutter Agreement;
k. A tap permit(s) must be completed at the office of the Aspen Consolidated Sanitation
District; payment of the total connection charges shall be made prior to the issuance
of a building permit;
1. If the building is found to contain 5,000 square feet or more of living area, approval
and installation of an automatic fire suppression system will be required;
m. Verify that the proposed plans for the ADUs will comply with all UBC requirements
including but not limited to those addressing natural light and ventilation standards,
as well as sound attenuation walls between each ADU and the principal residences;
and,
n. Submit building permit drawings which indicate all utility meter locations; utility
meter locations must be accessible for reading and may not be obstructed by trash
storage. The plans must also indicate a five (5) foot wide pedestrian usable space
with a five (5) foot wide buffer for snow storage.
2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall:
a. Submit as -built drawings of the project showing property lines, building footprint,
easements, any encroachments, entry points for utilities entering the property
boundaries and any other improvements to the Aspen/Pitkin County Information
Systems Department in accordance with City GIS requirements, if and when, any
exterior renovation or remodeling of the property occurs that requires a building
permit;
b. Install sidewalks, curbs, gutters, and a five (5) foot wide buffer space between the
walk and curb, meeting the standards of the City Engineering Department; the
existing driveway curb cut must be removed and replaced with full height curb and
gutter; and,
c. Permit Community Development Department, Engineering and Housing Office staff
to inspect the property to determine compliance with the conditions of approval.
3. In the event required, the applicant must receive approval from:
• The City Engineer for design of improvements, including landscaping, within public
rights -of -way;
• The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
• The Streets Department for mailboxes and street cuts; and,
• The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights -of -way.
4. Prior to the issuance of any building permits, a review of any proposed minor changes
from the approvals, as set forth herein, shall be made by the Planning and Engineering
Departments, or referred back to the Planning and Zoning Commission.
5. The applicant shall provide a roof overhang or other sufficient means of preventing snow
from falling on both the stairway leading to the doors and the area in front of the doors to
the ADUs; sufficient means of preventing icing of the stairway is also required.
6. Prior to the issuance of any building permits, any needed tree removal permit(s) must be
obtained from the Parks Department for any tree(s) that is /are to be removed or relocated
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Page 3
(including scrub oaks of three (3) inches or greater); also, no excavation can occur
within the dripline of the tree(s) to be preserved and no storage of fill material can occur
within this /these dripline(s).
7. The site development must meet the runoff design standards of the Land Use Code at
Section 26.88.040(C)(4)(0, and the building permit application must include a drainage
mitigation plan (full size - 24" x 36 ") and report, both signed and stamped by an engineer
registered in the State of Colorado.
8. The ADUs shall not be entitled to any on- street guest parking passes. Primary on- street
parking passes for the ADUs will be permitted only if the units are rented.
9. There shall be no interior connections or doorways between either of the ADUs and
either of the principal residences. Going from one ADU to the other, or from one ADU
to either of the principal residences shall require going outside the building(s).
10. All material representations made by the applicant in this application and during public
meetings with the Planning and Zoning Commission shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by an entity having
authority to do so.
APPROVED by the Commission at its regular meeting on August 4, 1998.
APPROVED AS TO FORM:
avid Hoefer, Assistant City Attorney
Attest:
Planning and Zoning Commission:
'Sg� c�a �
Sara Garton, Chairperson
ADDENDUM
1....
TO: Aspen Planning and Zoning Commission
THRU: Stan Clawson, Community Development Directo/6.1/
FROM: Mitch Haas, City Planner
RE: 123 East Hyman Avenue Conditional Use for Two (2) Accessory Dwelling
Units (ADUs) in a Duplex - Public Hearing. (Lots E and F, Block 69, City
and Townsite of Aspen)
DATE: August 4, 1998 (continued from July 21, 1998)
SUMMARY: The applicant is requesting Conditional Use approval to construct two (2)
Accessory Dwelling Units (ADUs). The applicant owns a vacant lot at 123 East Hyman
Avenue and will be constructing a duplex. The proposed ADUs would be below grade,
attached to the corresponding, primary residences. By providing the ADUs, the applicant
would obtain a GMQS Exemption, enabling the property owner to construct the new duplex
pursuant to City Land Use Regulations.
The applicant is NOT seeking an FAR bonus, but understands that the units shall be deed
restricted, meeting the housing authority's guidelines for resident occupied units. As an FAR
bonus is not being sought, the housing office shall not have the right to fill the units, even if
left unoccupied for extended periods.
At the July 21, 1998 hearing, the Planning and Zoning Commission noted a number of
concerns with the proposed units. The concerns revolved around the livability of the units
and the likelihood that they would serve as resident housing (as opposed to being nothing
more than guest suites for the primary residences). In response, the applicant has redesigned
the two ADUs such that they each would have two operable skylights (over the kitchen and
main living areas of both units), glass French doors, and added closet/storage space. Also,
the internal connections (doorways) between the ADUs and the primary residences have
been eliminated. The applicant's revised plans are attached as Exhibit A.
Community Development staff recommends that the Conditional Use for the two (2)
Accessory Dwelling Units (ADUs) at 123 East Hyman Avenue be approved, subject to
conditions.
APPLICANT: RK Land and Cattle Co., represented by Davis -Horn, Inc. (Alice Davis)
LOCATION: 123 East Hyman Avenue (Lots E and F, Block 69, City and Townsite of
Aspen, Pitkin County, Colorado) is located on the south side of E. Hyman Avenue between
Aspen and Garmisch Streets.
ZONING: Residential Multi - Family (R/MF)
CURRENT LAND USE: None; the lot is vacant. A one -story house and accessory out-
building were located on the property, but were recently demolished.
LOT SIZE: The subject site has a lot size of 6,000 square feet (the area of this lot may be
subject to reductions such as those associated with access easements).
ALLOWABLE FAR: 3,600 square feet. (This FAR limit is an estimate only; it does not
take into account any potentially applicable reductions).
PROPOSED LAND USE: One duplex (two single - family attached residences) where each
of the two primary residences would have an associated Accessory Dwelling Unit. Duplexes
where both units would be of the free market variety are a permitted use within the R/MF
zone district, provided each unit has an associated ADU.
REVIEW PROCEDURE: Accessory Dwelling Units (ADUs) require conditional use
approval by the Planning and Zoning Commission at a public hearing. It is a one -step
review that requires notification to be published, posted and mailed in accordance with
Section 26.52.060(E).
The following sections of the code are applicable to this conditional use review: Section
26.40.090, Accessory Dwelling Units; Section 26.28.090, Residential Multi- Family (R/MF);
Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section 26.58.040,
Residential Design Standards.
Pursuant to Section 26.58.040, Residential Design Standards, Community Development
Department staff reviewed this proposal against the Residential Design Standards and found
that the submitted development application complies with the requirements of said section,
with the exception of the "volume" standard as it applies to all elevations exclusive of the
front, street - facing (north) elevation. At the July 21, 1998 hearing, the Commission granted
a variance from the volume standard based on reasons of fairness related to site specific
constraints.
BACKGROUND: The submitted application explains that City Council approved a code
amendment on May 3. 1998 making it permissible to develop two detached single- family
residences on one lot of 6,000 square feet or greater in the R /MF zone district. The
application goes on to state that the proposal was developed pursuant to this code
amendment.
The current proposal is for conditional use approval of two ADUs. The ADUs would both
be attached to the subgrade areas at the rear of the corresponding primary residences. As
proposed, the ADUs would be approximately 480 square feet each and would each have their
own kitchen, bathroom. and access, as required by code. The proposed off - street parking for
the ADUs would be located in the driveways (accessed from the alley) to the garages that
serve the primary residences. By creating two ADUs meeting the provisions of the code, the
applicant would be granted a GMQS Exemption for the construction of a two new residences
on the lot, provided the homes comply with the City Land Use Regulations.
STAFF COMMENTS:
Section 26.40.090, Accessory Dwelling Units
The proposed ADUs would each contain approximately 480 square feet (See Exhibit A), and
would be deed restricted, meeting the housing authority's guidelines for resident occupied
units, limited to rental periods of not less than six (6) months in duration. The owners of the
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principal residences will retain the right to place a qualified employee(s) of his /her choosing
in the ADU. One (1) off- street parking space will be provided on -site for each ADU, and
will be accessed from the alley. Therefore, the proposal complies with the requirements of
Section 26.40.090(A)(I ).
Pursuant to Section 26.40.090(A)(2), the development, including the ADUs, is subject to all
of the dimensional requirements of the underlying zone district, Residential Multi- Family
(R/MF). An evaluation of the proposal against these requirements is provided below. All of
the dimensional requirements will be met, with the exception of existing nonconformities
that can, under the provisions of the Land Use Code, be maintained provided a building
permit is issued within twelve (12) months of the nonconforming structure's demolition.
The nonconformities include individual and combined side yard setbacks, and open space.
The application states that the amount of open space on the parcel would be increased due to
the creation of a larwcr front yard, but would still be non- conforming. The setback
nonconformities would he maintained.
Since the ADUs would be attached to the primary residences, Section 26.490.090(A)(3) is
not applicable. Section 26.40.090(A)(4) states that 'an attached accessory dwelling unit
shall utilize alley access to the extent practical. " The proposed ADUs and their parking
would be accessed from the alley at the rear of the lot.
Section 26.40.090(B). Development Review Standards, requires that "the proposed
development be compatible with and subordinate in character to the primary residence
located on the parcel as well as development located within the neighborhood, and assuming
year -round occupancy. shall not create a density pattern inconsistent with the established
neighborhood.' The proposed ADUs would not be at all visible as they would be
completely internal to the primary residences with the exception of a stairway from the
subgrade areas at the rear of the structure and four sky lights; thus, it will be compatible
with and subordinate in character to the primary residence. This property is located in an
established residential neighborhood which is, for the most part, made up of single family
residences, many of which have attached or detached accessory dwelling units associated
with them, and multi- family residences. The proposed ADUs will be compatible with the
character of the existim, neighborhood and will not create a density pattern incompatible
with that already established in the area.
Section 26.60.040, Standards Applicable to All Conditional Uses
Pursuant to Section 26.60.040, a development application for a conditional use approval
shall meet the followinw standards:
(A) The conditional u.se 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.
The stated purpose of the R/MF zone district "is to provide for the use of land for intensive
long -term residential purposes, with customary accessory uses... Lands in the Residential
Multi - Family (IUMF) -one district are typically those found in the original Aspen Townsite,
within walking distance of the center of the city, or include lands on transit routes, and other
lands with existing concentrations of attached residential dwellings and mixed attached and
detached residential direllings." The proposed ADUs would be in harmony with the
purpose of the R /MF zone district since they would provide for long -term residential use (or
_:
customary accessory use), be located within the original Aspen Townsite, be within walking
distance of the center of the city, and be in close proximity to transit. ADUs are allowed as
conditional uses in the R /MF zone district.
One of the stated themes of the AACP with regard to "revitalizing the permanent
community" is to "increase resident housing." Also, the proposal is consistent with the
following purposes, goals, objectives and standards of the AACP:
• "Promote. market and implement Cottage Intill and Accessory Dwelling Unit programs;"
• "Develop small scale resident housing which fits the character of the community and is
interspersed with free market housing throughout the Aspen Area and up valley of Aspen
Village;" and,
• "The public and private sectors together should develop . . . employee- occupied
accessory dwelling units, to achieve the identified umnet need to sustain a critical mass
of residents. "'
Staff finds that this conditional use application for two ADUs complies with Section
26.60.040(A).
(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
enhance.s the ninture of complimentary uses and activities in the immediate vicinity
of the parcel proposedd for development.
The subject parcel is surrounded by residential uses, some of which have associated
accessory dwelling units, and the proposed ADUs would be both consistent and compatible
with the existing residential development in the immediate vicinity.
(C) The location, si_e, 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.
As mentioned earlier in this memo, the proposed ADUs would be below grade and would
appear as part of the principal residences; thus, their location, size and design will minimize
any potential adverse visual impacts. Like all of the surrounding properties, the ADUs'
parking and trash service would be accessed from the alley at the rear of the property. No
noise, vibration, or odor related impacts are anticipated. The proposed ADUs would operate
like any other residence or ADU found in the neighborhood. The anticipated impacts should
be negligible.
(D) There are adequate public facilities and services to serve the conditional use
including but nor limited to roads, potable water, server, solid waste, parks, police,
fire protection, emergency medical services, hospital and medical services, drainage
Systems, and schools.
There are adequate public facilities and services to serve the proposed uses. The structure
would be within an existing, well- established neighborhood.
(E) The applicant commis to supply affordable housing to meet the incremental need for
increased employees generated by the conditional use.
While the proposed development of two ADUs would not generate an increase in the
employment base, file applicant will be supplying ADUs which, pursuant to Section
26.40.090(A)(I ), will be deed restricted, registered with the housing office, and available for
rental to eligible working residents of Pitkin County for periods of not Tess than six months
in duration, thereby serving the need for increased affordable housing in the City of Aspen.
(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 title.
The proposed conditional use will comply with all additional standards imposed on it by the
AACP and by ail other applicable requirements of the Municipal Code, such as those
contained in Section 26.58.040, Residential Design Standards, unless variances are granted
by the Commission.
STAFF FINDINGS: Based upon review of the applicant's land use application and the
referral comments, Community Development staff finds that there is sufficient information
to support the Conditional Use request. The proposal meets or exceeds all standards
applicable to the review of Accessory Dwelling Units as conditional uses.
RECOMMENDATION: Community Development staff recommends that the conditional
use request for two (2) Accessory Dwelling Units at 123 Gast Hyman Avenue be approved
with the following conditions:
Prior to the issuance of any building permits the applicant shall:
a. Verify with the I lousing Office that the net livable floor area of each Accessory
Dwelling Unit will be between 300 and 700 square feet, and the units shall be totally
private, having private entrances and no rooms (i.e.. mechanical rooms, etc.) that
might need to be accessed by people in the principle residences;
b. Verify with the Housing Office that each ADU will contain a kitchen having a
mininuint of a two - burner, stove with oven, standard sink, and a 6 -cubic foot
refrigerator plus freezer;
c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of
which must be obtained from the Housing Office, for each of the two ADUs;
d. Clearly identify the Accessory Dwelling Units (ADUs) on building permit plans as
separate one - bedroom units;
e. Provide a minimum of one off - street parking space for each ADU, and indicate these
designated parking spaces on the final plans;
f. Install any new surface utilities requiring a pedestal or other above ground equipment
on an easement provided by the property owner and not within the public rights -of-
way;
g. Locate any additional proposed construction, including trash facilities, in such a way
that it does not encroach into an existing utility easement or public right -of -way;
h. Agree to join any future improvement district(s) which may be formed for the
purpose of constructing improvements in adjacent public rights -of -way; the
agreement shall be executed and recorded concurrently upon approval of this
application;
i. Submit working drawings to verify all height, setback, and floor area calculations, as
well as lot size and lot area calculations;
j. Complete and record a Sidewalk, Curb & Gutter Agreement;
r
k. A tap permit(s) most be completed at the office of the Aspen Consolidated Sanitation
District; payment of the total connection charges shall be made prior to the issuance
of a building permit;
I. If the building is found to contain 5,000 square feet or more of living area, approval
and installation of an automatic fire suppression system will be required;
m. Verify that the proposed plans for the ADUs will comply with all UBC requirements
including but not limited to those addressing natural light and ventilation standards,
as well as sound attenuation walls between each ADU and the principal residences;
and,
n. Submit building permit drawings which indicate all utility meter locations; utility
meter locations must be accessible for reading and may not be obstructed by trash
storage. The plans must also indicate a five (5) foot wide pedestrian usable space
with a five (5) foot wide buffer for snow storage.
2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall:
a. Submit as -built drawings of the project showing property lines, building footprint,
easements, an} encroachments, entry points for utilities entering the property
boundaries and any other improvements to the Aspen /Pitkin County Information
Systems Department in accordance with City GIS requirements, if and when, any
exterior renovation or remodeling of the property occurs that requires a building
permit;
b. Install sidewallts, curbs, gutters, and a live (5) foot wide buffer space between the
walk and curb. meeting the standards of the City Engineering Department; the
existing driveway curb cut must be removed and replaced with full height curb and
gutter; and,
c. Permit Community Development Department, Engineering and Housing Office staff
to inspect the property to determine compliance with the conditions of approval.
3. In the event required, the applicant must receive approval fi-om:
• The City Engineer for design of improvements, including landscaping, within public
rights -of -way
• The Parks DeparUncnt for vegetation species, tree removal, and /or public trail
disturbances:
• The Streets Department for mailboxes and street cuts: and,
• The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights -of -way.
4. Prior to the issuance of any building permits, a review of any proposed minor changes
from the approvals, as set forth herein, shall be made by the Planning and Engineering
Departments, or referred back to the Planning and Zoning Commission.
5. The applicant shall provide a roof overhang or other sufficient means of preventing snow
from falling on both the stairway leading to the doors and the area in front of the doors to
the ADUs; sufficient means of preventing icing of the stairway is also required.
6. Prior to the issuance of any building permits, any needed tree removal pertit(s) must be
obtained from the Parks Department for any tree(s) that is /are to be removed or relocated
(including scrub oaks of three (3) inches or � reatcr): also, no excavation can occur
within the driplinc of the tree(s) to be preserved and no storage of till material can occur
within this /these dripline(s).
7. The site development must meet the runoff design standards of the Land Use Code at
Section 26.88.040(C)(4)(f), and the building permit application most include a drainage
mitigation plan (full size - 24" x 36 ") and report, both signed and stamped by an engineer
registered in the State of Colorado.
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8. The ADUs shall not be entitled to any on- street guest parking passes. Primary on- street
parking passes for the ADUs will be permitted only if the units are rented.
9. There shall be no interior connections or doorways between either of the ADUs and
either of the principal residences. Going from one ADU to the other, or from one ADU
to either of the principal residences shall require going outside the building(s).
10. All material representations made by the applicant in this application and during public
meetings with the Planning and Zoning Commission shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by an entity having
authority to do so.
ALTERNATIVE RECOMMENDATIONS: The Planning and Zoning Commission may
decide to approve the proposal with the conditions outlined above, approve the proposal with
additional and /or modified conditions, or deny the conditional use request for two Accessory
Dwelling Units.
RECOMMENDED MOTION: `9 move to approve the conditional use request for the two
(2) proposed Accessory Dwelling Units at 123;y man Avenue with the conditions outlined
in the Community Development Department memo dated. August 4, 1998."
EXHIBITS: "A" -Revised plans for the Conditional Use Application
/rte. so-4
MEMORANDUM
To: Mitch Haas
From: Sara Thomas. City Zoning Officer
Re: 123 East Hyman, Conditional Use Review for ADU
Date: July 8, 1998
I have reviewed the submittal for the Conditional Use Review to allow for development of a duplex with
two ADU's at 123 E. Hyman. The 6000 square foot property is located within the RM -F zone district
which has the following dimensional requirements:
- Allowed floor area (duplex): 3600 square feet (based on a gross lot area of 6000 square feet)
- Front yard setback - 10 feet
- Side yard setback - 5 foot minimum with 15 feet total
-Rear yard - 10 feet
- Required open space - 35% (2100 square feet)
I have verified that, prior to demolition, the principal structure was nonconforming in regards to the
required minimum and combined side yard setbacks, the minimum required front yard setboack, and the
required open space. Section 26.104.030 (F) of the Municipal Code allows for nonconforming structures
to be restored if a building permit for reconstruction is issued within 12 months of the date of willful
demolition. However, the reconstructed structure may not be extended or enlarged in a manner which
would increase the nonconformity.
All dimensional requirements will have to be verified at time of building permit review. The drawings
submitted at this time do not contain adequate detail for this level of review.
°^ AGENDA
JOINT MEETING -OF THE CITY OF ASPEN AND``kTKIN COUNTY
PLANNING & ZONING COMMISSIONS
SPECIAL MEETING
TUESDAY, AUGUST 4,1998, 4:30 PM
SISTER CITIES MEETING ROOM, CITY HALL
I. DISCUSSION
4:30-5:15A. City/County Discussion on Burlingame
AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, AUGUST 4, 1998
(Immediately following the joint meeting)
SISTER CITIES MEETING ROOM, CITY HALL
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. DISCLOSURE OF CONFLICTS OF INTEREST
III. MINUTES (ffune Ile) Surge 301 -T'u,ly *3)
IV. PUBLIC HEARINGS
A. 123 E. Hyman Conditional Use for two (2) ADUs (continued from
7/21), Mitch Haas
V. NEW BUSINESS
A. 735 W. Bleeker St., Landmark Designation, Conditional Use for
two (2) ADUs and a duplex on 6000 s.f. landmark lot, special
review of parking (continued to 8/18), Julie Ann Woods
VI. ADJOURN
NOTE: These times are approximate, and applicants should plan to be present approximately 1/2 hour prior to their
case time estimated.
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Stan Clauson, Community Development Direcw �
FROM: Mitch Haas, City Planner
RE: 123 East Hyman Avenue Conditional Use for Two (2) Accessory Dwelling
Units (ADUs) in a Duplex - Public Hearing. (Lots E and F, Block 69, City
and Townsite of Aspen)
DATE: July 21, 1998
SUMMARY: The applicant is requesting Conditional Use approval to construct two (2)
Accessory Dwelling Units (ADUs). The applicant owns a vacant lot at 123 East Hyman
Avenue and will be constructing a duplex. The proposed ADUs would be below grade,
attached to the corresponding, primary residences. By providing the ADUs, the applicant
would obtain a GMQS Exemption, enabling the property owner to construct the new duplex
pursuant to City Land Use Regulations.
The applicant is NOT seeking an FAR bonus, but understands that the units shall be deed
restricted, meeting the housing authority's guidelines for resident occupied units. As an FAR
bonus is not being sought, the housing office shall not have the right to fill the units, even if
left unoccupied for extended periods.
The applicant's Conditional Use Application is attached as Exhibit A, and referral comments
from Engineering, Housing, Zoning, and Sanitation are included as Exhibit B.
Community Development staff recommends that the Conditional Use for the two (2)
Accessory Dwelling Units (ADUs) at 123 East Hyman Avenue be approved, subject to
conditions.
APPLICANT: RK Land and Cattle Co., represented by Davis -Hom, Inc. (Alice Davis)
LOCATION: 123 East Hyman Avenue (Lots E and F, Block 69, City and Townsite of
Aspen, Pitkin County, Colorado) is located on the south side of E. Hyman Avenue between
Aspen and Garmisch Streets.
ZONING: Residential Multi - Family (R/MF)
CURRENT LAND USE: None; the lot is vacant. A one -story house and accessory out-
building were located on the property, but were recently demolished.
LOT SIZE: The subject site has a lot size of 6,000 square feet (the area of this lot may be
subject to reductions such as those associated with access easements).
ALLOWABLE FAR: 3,600 square feet. (This FAR limit is an estimate only; it does not
take into account any potentially applicable reductions).
PROPOSED LAND USE: One duplex (two single - family attached residences) where each
of the two primary residences would have an associated Accessory Dwelling Unit. Duplexes
where both units would be of the free market variety are a permitted use within the R/MF
zone district, provided each unit has an associated ADU.
REVIEW PROCEDURE: Accessory Dwelling Units (ADUs) require conditional use
approval by the Planning and Zoning Commission at a public hearing. It is a one -step
review that requires notification to be published, posted and mailed in accordance with
Section 26.52.060(E).
The following sections of the code are applicable to this conditional use review: Section
26.40.090, Accessory Dwelling Units; Section 26.28.090, Residential Multi- Family (R/MF);
Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section 26.58.040,
Residential Design Standards.
Pursuant to Section 26.58.040, Residential Design Standards, Community Development
Department staff reviewed this proposal against the Residential Design Standards and found
that the submitted development application complies with the requirements of said section,
with the exception of the "volume" standard as it applies to all elevations exclusive of the
front, street - facing (north) elevation. However, the submitted plans do not contain adequate
information to carry out a complete Residential Design Review since a block plan was not
provided. The block plan could dictate that the proposed front setbacks need to be decreased
to more closely align with the other structures on the block.
BACKGROUND: The submitted application explains that City Council approved a code
amendment on May 3, 1998 making it permissible to develop two detached single- family
residences on one lot of 6,000 square feet or greater in the R/MF zone district. The
application goes on to state that the proposal was developed pursuant to this code
amendment.
The current proposal is for conditional use approval of two ADUs. The ADUs would both
be attached to the subgrade areas at the rear of the corresponding primary residences. As
proposed, the ADUs would be approximately 460 square feet each and would each have their
own kitchen, bathroom, and access, as required by code. The proposed off - street parking for
the ADUs would be located in the driveways (accessed from the alley) to the garages that
serve the primary residences. By creating two ADUs meeting the provisions of the code, the
applicant would be granted a GMQS Exemption for the construction of a new duplex on the
lot, provided the home complies with the City Land Use Regulations.
REFERRAL COMMENTS: The comments from City Engineering, Housing, Zoning, and
Sanitation are included as Exhibit B.
STAFF COMMENTS:
Section 26.40.090, Accessory Dwelling Units
The proposed ADUs would each contain approximately 460 square feet of net livable area
(See Exhibit A), and would be deed restricted, meeting the housing authority's guidelines for
resident occupied units, limited to rental periods of not less than six (6) months in duration.
The owners of the principal residences will retain the right to place a qualified employee(s)
of his/her choosing in the ADU. One (1) off - street parking space will be provided on -site for
each ADU, and will be accessed from the alley. Therefore, the proposal complies with the
requirements of Section 26.40.090(A)(1).
Pursuant to Section 26.40.090(A)(2), the development, including the ADUs, is subject to all
of the dimensional requirements of the underlying zone district, Residential Multi - Family
(R/MF). An evaluation of the proposal against these requirements is provided below (also
see the Zoning referral memo attached with Exhibit B). All of the dimensional requirements
will be met, with the exception of existing nonconformities that can, under the provisions of
the Land Use Code, be maintained. The nonconformities include individual and combined
side yard setbacks, and open space. The application states that the amount of open space on
the parcel would be increased due to the creation of a larger front yard, but would still be
non - conforming. The setback nonconformities would be maintained.
Since the ADUs would be attached to the primary residences, Section 26.490.090(A)(3) is
not applicable. Section 26.40.090(A)(4) states that "an attached accessory dwelling unit
shall utilize alley access to the extent practical. " The proposed ADUs and their parking
would be accessed from the alley at the rear of the lot.
Section 26.40.090(B), Development Review Standards, requires that . "the proposed
development be compatible with and subordinate in character to the primary residence
located on the parcel as well as development located within the neighborhood, and assuming
year -round occupancy, shall not create a density pattern inconsistent with the established
neighborhood. " The proposed ADUs would not be at all visible as they would be
completely internal to the primary residences with the exception of a stairway from the
subgrade areas at the rear of the structure; thus, it will be compatible with and subordinate in
character to the primary residence. This property is located in an established residential
neighborhood which is, for the most part, made up of single family residences, many of
which have attached or detached accessory dwelling units associated with them. The
proposed ADUs will be compatible with the character of the existing neighborhood and will
not create a density pattern incompatible with that already established in the area.
Section 26.60.040, Standards Applicable to All Conditional Uses
Pursuant to Section 26.60.040, a development application for a conditional use approval
shall meet the following standards:
(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.
The stated purpose of the R/MF zone district "is to provide for the use of land for intensive
long -term residential purposes, with customary accessory uses... Lands in the Residential
Multi- Family (R/MF) zone district are typically those found in the original Aspen Townsite,
within walking distance of the center of the city, or include lands on transit routes, and other
lands with existing concentrations of attached residential dwellings and mixed attached and
detached residential dwellings. " The proposed ADUs would be in harmony with the
purpose of the R /MF zone district since they would provide for long -term residential use (or
customary accessory use), be located within the original Aspen Townsite, be within walking
distance of the center of the city, and be in close proximity to transit. ADUs are allowed as
conditional uses in the R/MF zone district.
One of the stated themes of the AACP with regard to "revitalizing the permanent
community" is to "increase resident housing." Also, the proposal is consistent with the
following purposes, goals, objectives and standards of the AACP:
• "Promote, market and implement Cottage Infill and Accessory Dwelling Unit programs;"
• "Develop small scale resident housing which fits the character of the community and is
interspersed with free market housing throughout the Aspen Area and up valley of Aspen
Village;" and,
• "The public and private sectors together should develop . . . employee- occupied
accessory dwelling units, to achieve the identified unmet need to sustain a critical mass
of residents."
Staff finds that this conditional use application for two ADUs complies with Section
26.60.040(A).
(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.
The subject parcel is surrounded by residential uses, some of which have associated
accessory dwelling units, and the proposed ADUs would be both consistent and compatible
with the existing residential development in the immediate vicinity.
(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.
As mentioned earlier in this memo, the proposed ADUs would be below grade and would
appear as part of the principal residences; thus, their location, size and design will minimize
any potential adverse visual impacts. Like all of the surrounding properties, the ADUs'
parking and trash service would be accessed from the alley at the rear of the property. No
noise, vibration, or odor related impacts are anticipated. The proposed ADUs would operate
like any other residence or ADU found in the neighborhood. The anticipated impacts should
be negligible.
(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.
There are adequate public facilities and services to serve the proposed uses. The structure
would be within an existing, well- established neighborhood. See Engineering referral
comments, attached as Exhibit B.
(E) The applicant commits to supply affordable housing to meet the incremental need for
increased employees generated by the conditional use.
While the proposed development of two ADUs would not generate an increase in the
employment base, the applicant will be supplying ADUs which, pursuant to Section
26.40.090(A)(1), will be deed restricted, registered with the housing office, and available for
.� ...
rental to eligible working residents of Pitkin County for periods of not less than six months
in duration, thereby serving the need for increased affordable housing in the City of Aspen.
(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 title.
The proposed conditional use will comply with all additional standards imposed on it be the
AACP and by all other applicable requirements of the Municipal Code, such as those
contained in Section 26.58.040, Residential Design Standards, unless variances are granted
by the Commission.
Section 26.58.040(F)(12), Residential Design Standards, "Volume" Provision
The proposed design of the 123 East Hyman Avenue Duplex was reviewed by staff against
the Residential Design Standards of Section 26.58.040. Staff found the proposed design to
comply with all but one of the design standards, namely standard 26.58.040(F)(12), Volume.
This standard requires that there be no windows in any areas of the first or second floors that
lie between nine (9) and twelve (12) feet above the height of the floor plate.
As proposed, all but the front (street- facing) elevations and Unit B's east elevation contain
violations of the window height standard. On Unit A, the westerly of the two residences,
there is one proposed window in a gable end of the west elevation that violates the window
standard - -- this same window appears on the south (alley) elevation as well. From the south
elevation, the upper windows proposed on both structures would violate the window standard
(for Unit A, these are the same windows as those discussed in relation to the west elevation).
Lastly, the elevations that would face each other, Unit A's east elevation and Unit B's west
elevation, each contain relatively small areas of glazing that would not comply with the
standard.
Under the language of the volume penalty, the applicant is left with three (3) options once it
is determined that the proposed design does not comply: first, the applicant can choose to
redesign the proposal to comply with the standard; next, the applicant can appeal staffs
finding to the Design Review Appeal Committee or other appropriate board; lastly, the
applicant can choose to accept a floor area penalty which would double the floor area in
those spaces visually accessed though the non - conforming windows. The applicant has
chosen to appeal staff s finding to the Planning and Zoning Commission in an attempt to
obtain a variance. If a variance is to be granted, it would have to be based on one of the
following three criteria:
(a) the proposed design yields greater compliance with the goals of the Aspen Area
Community Plan; or,
(b) the proposed design more effectively addresses the issue or problem the given
standard responds to; or,
(c) a variance is clearly necessary for reasons of fairness related to unusual site specific
constraints.
According to the pending revisions to the Residential Design Standards, the purpose /intent of
the "Volume" standard "is to ensure that each residential building has street facing
architectural details and elements which provide human scale to the facade, enhance the
walking experience, and reinforce local building traditions." Although pending code
amendments do not hold any force in the review of current applications, staff felt this
information might be helpful in understanding the issues /concerns that the volume standard
attempts to address.
Since the proposed design does not yield greater compliance with the Aspen Area
Community Plan, if the requested variance is to be justified, it would need to be on the
grounds that either the proposed design is necessary for reasons of fairness related to unusual
site specific constraints, or the proposed design more effectively provides street - facing
architectural details and elements which provide human scale to the facade, enhance the
walking experience, and reinforce local building traditions than would a design that meets
the exact letter of the "Volume" standard.
The three facades that would be visible from the Hyman Avenue right -of -way comply with
the provisions of the volume standard. Only the alley- facing elevations and the internal
elevations (those that would face each other) contain violations of the standard. Staff does
not find any reasons of fairness related to unusual site specific constraints that would make it
impractical or impossible to comply with the volume standard. A desire to maximize views
of Aspen Mountain is not in any way a constraint. It is not necessary for someone sitting in
the furthest corner of a room to have unobstructed views, when these views would be
unobstructed to one standing at the complying windows. Thus, staff feels that the only
possible justification for the requested variances would have to be based on the proposed
designs more effectively providing street - facing architectural details and elements which
provide human scale to the facade, enhance the walking experience, and reinforce local
building traditions than would a design that meets the exact letter of the "Volume" standard.
Since the elevations for which variances are requested would be only slightly visible, if at all
visible, from the Hyman Avenue right -of -way and the elevations that would be visible
comply with the standard, staff is of the opinion that the proposed design effectively
provides street- facing architectural details and elements which provide human scale to the
facade, enhance the walking experience, and reinforce local building traditions. However,
this is not to say that the proposed design is more effective in attaining these goals than
would be a design in accord with the volume standard. Hence, staff believes the applicant
should be held to the letter of the standard and made to redesign the non - complying
elevations in order to meet the standard.
STAFF FINDINGS: Based upon review of the applicant's land use application and the
referral comments, Community Development staff finds that there is sufficient information
to support the Conditional Use request. The proposal meets or exceeds all standards
applicable to the review of Accessory Dwelling Units as conditional uses. Staff also
recommends denial of the requested variances from the "volume" provision of the
Residential Design Standards.
RECOMMENDATION: Community Development staff recommends that the requested
variances from the "volume" provision of the Residential Design Standards be denied, and
conditional use request for two (2) Accessory Dwelling Units at 123 East Hyman Avenue be
approved with 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 floor area of each Accessory
Dwelling Unit will be between 300 and 700 square feet, and the units shall be totally
private, having private entrances and no rooms (i.e., mechanical rooms, etc.) that
might need to be accessed by people in the principle residences;
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b. Verify with the Housing Office that each ADU will contain a kitchen having a
minimum of a two -burner stove with oven, standard sink, and a 6 -cubic foot
refrigerator plus freezer;
c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of
which must be obtained from the Housing Office, for each of the two ADUs;
d. Clearly identify the Accessory Dwelling Units (ADUs) on building permit plans as
separate one - bedroom units;
e. Provide a minimum of one off - street parking space for each ADU, and indicate these
designated parking spaces on the final plans;
f. Install any new surface utilities requiring a pedestal or other above ground equipment
on an easement provided by the property owner and not within the public rights -of-
way;
g. Locate any additional proposed construction, including trash facilities, in such a way
that it does not encroach into an existing utility easement or public right -of -way;
h. Agree to join any future improvement district(s) which may be formed for the
purpose of constructing improvements in adjacent public rights -of -way; the
agreement shall be executed and recorded concurrently upon approval of this
application;
i. Submit working drawings to verify all height, setback, and floor area calculations, as
well as lot size and lot area calculations;
j. Complete and record a Sidewalk, Curb & Gutter Agreement;
k. A tap permit(s) must be completed at the office of the Aspen Consolidated Sanitation
District; payment of the total connection charges shall be made prior to the issuance
of a building permit;
I. If the building is found to contain 5,000 square feet or more of living area, approval
and installation of an automatic fire suppression system will be required;
m. Verify that the proposed plans for the ADUs will comply with all UBC requirements
including but not limited to those addressing natural light and ventilation standards,
as well as sound attenuation walls between the ADU and principal residence; and,
n. Submit building permit drawings which indicate all utility meter locations; utility
meter locations must be accessible for reading and may not be obstructed by trash
storage. The plans must also indicate a five (5) foot wide pedestrian usable space
with a five (5) foot wide buffer for snow storage.
2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall:
a. Submit as -built drawings of the project showing property lines, building footprint,
easements, any encroachments, entry points for utilities entering the property
boundaries and any other improvements to the Aspen/Pitkin County Information
Systems Department in accordance with City GIS requirements, if and when, any
exterior renovation or remodeling of the property occurs that requires a building
permit;
b. Install sidewalks, curbs, gutters, and a five (5) foot wide buffer space between the
walk and curb, meeting the standards of the City Engineering Department; the
existing driveway curb cut must be removed and replaced with full height curb and
gutter; and,
c. Permit Community Development Department, Engineering and Housing Office staff
to inspect the property to determine compliance with the conditions of approval.
3. In the event required, the applicant must receive approval from:
• The City Engineer for design of improvements, including landscaping, within public
rights -of -way;
• The Parks Department for vegetation species, tree removal, and /or public trail
disturbances;
• The Streets Department for mailboxes and street cuts; and,
• The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights -of -way.
4. Prior to the issuance of any building permits, a review of any proposed minor changes
from the approvals, as set forth herein, shall be made by the Planning and Engineering
Departments, or referred back to the Planning and Zoning Commission.
5. The applicant shall provide a roof overhang or other sufficient means of preventing snow
from falling on both the stairway leading to the doors and the area in front of the doors to
the ADUs; sufficient means of preventing icing of the stairway is also required.
6. Prior to the issuance of any building permits, any needed tree removal permit(s) must be
obtained from the Parks Department for any tree(s) that is /are to be removed or relocated
(including scrub oaks of three (3) inches or greater); also, no excavation can occur
within the dripline of the tree(s) to be preserved and no storage of fill material can occur
within this /these dripline(s).
7. The site development must meet the runoff design standards of the Land Use Code at
Section 26.88.040(C)(4)(f), and the building permit application must include a drainage
mitigation plan (full size - 24" x 36 ") and report, both signed and stamped by an engineer
registered in the State of Colorado.
8. All material representations made by the applicant in this application and during public
meetings with the Planning and Zoning Commission shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by a Board /Commission
having authority to do so.
ALTERNATIVE RECOMMENDATIONS: The Planning and Zoning Commission may
decide to approve the proposal with the conditions outlined above, approve the proposal with
additional and/or modified conditions, or deny the conditional use request for two Accessory
Dwelling Units.
RECOMMENDED MOTION: "I move to approve the conditional use request for the
proposed Accessory Dwelling Units at 123 Hyman Avenue with the conditions outlined in
the Community Development Department memo dated July 21, 1998, and to deny the
requested variances from the Residential Design Standards."
EXHIBITS: "A" - Conditional Use Application
"B" - Referral Comments
&\Ifrdrr Pr
Davis Horn•
PLANNING & REAL ESTATE CONSULTING
June 10, 1998
Chris Bendon and Mitch Haas
Aspen Pitkin County Community Development
130 South Galena Street
Aspen, CO. 81611
Dear Chris and Mitch:
Davis Horn Incorporated represents RK Land & Cattle Co. LLC (herein
referred to as the Applicant) , the owner of a property at 123 East
Hyman Street in the City of Aspen (Aspen Original Townsite Block
69, Lots E and F) . This letter requests land use approvals for two
Accessory Dwelling Units (ADUs) to be located in two detached
single family homes to be developed on one 6,000 square foot lot in
the R -MF zone district.
As required, this letter will address the Code requirements for the
development of a conditional use and for the development of an ADU.
The submission requirements and review standards for these two
reviews are addressed below.
INTRODUCTION
As you may recall, the applicant initiated and the City Council
adopted a Land Use Code amendment which allows two detached single
family residences on one lot, 6,000 square feet or greater, in the
R -MF zone district. The applicant initiated this amendment in
October, 1997 with the property which is the subject of this
application in mind (123 East Hyman) . This Code amendment was
approved on March 3, 1998. The applicant has since demolished the
existing structure on the property and planned the redevelopment of
the site with two detached single family residences, each with an
Accessory Dwelling Unit (ADU) . The ADUs are required for the
development by right, of the two free market homes. This letter
requests the conditional use and ADU approvals required for the
development of the two ADUs. Building plans which have been
developed over that past nine months are being submitted
simultaneously with this review process. As Chris Bendon has
verified, these ADU approvals will meet the requirements necessary
for a growth management exemption by the Community Development
Director (Section 26.100.050 A). As we have also discussed with
both Chris Bendon and Mitch Haas, we understand that by submitting
this application this week, (the week of June 8, 1998) the
application will be reviewed in accordance with the existing, soon
to be old, ADU provisions of the Land Use Code. As new design
standards are also being developed, this application will go by the
existing design standards as well.
ALICE DAVIS, AICP I GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180
Attachment 1 is a copy of a survey of the subject property dated
September 10, 1997. Although relatively recent, the survey is not
current as the improvements shown have now been demolished. Prior
to demolition, the Building Department (Sarah Thomas) verified the
existing improvement, their size and the non - conformities which can
remain, but not be increased with the redevelopment of the site.
Attachment 2 shows a site plan of the property as proposed with
vegetation. Floor plans and elevations of the proposed two homes
on one lot and the attached ADUs are also given in Attachment 2.
The following addresses the conditional use and ADU requirements of
the Code.
CONDITIONAL USE REVIEW
Section 26.6 of the Land Use Code addresses conditional uses. As
an Accessory Dwelling Unit (ADU) is a conditional use in the
applicable R -MF zone district, this section of the Code has been
addressed in this application.
An application for a conditional use must address the six review
standards listed in Section 26.60.040 of the Code. These standards
are listed, then addressed below.
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 the located.
The two proposed ADUs are consistent with the purposes, goals and
objectives of the Aspen Area Community Plan (AACP). Page 5 -2 of
the AACP addresses the "kind of vitality brought to Aspen by its
full time residents" and "the inability of working people to live
in their town." The creation of an ADU will contribute to the
vitality of Aspen and the ability of a working person to live in
Aspen. As mentioned on page 5 -3 of the Plan, the ADU will help to
"create a community of a size, density, and diversity that
encourages interaction, involvement and vitality among its people."
Page 6 -3 of the Plan addresses the desired increase in resident
housing and how the community should encourage a more balanced
permanent community. The provision of two new ADUs will contribute
to an increase in resident housing which will encourage a more
balanced permanent community.
Pages 7 -2, 9 -1 and 30 -5 of the AACP states the goal of creating
housing opportunities for 60% of the work force to live upvalley of
Aspen Village Trailer Park (excluding Snowmass Village) and the
desire to reduce auto impacts. The two proposed ADUs will be
located in the heart of Aspen's downtown residential district. The
ADUs will create housing opportunities in downtown Aspen for local
workers who will be more likely, due to the proximity to downtown,
to walk, bike and use public transportation rather than rely
heavily on the automobile.
Page 30 -1 of the AACP discusses the intent of the AACP to create a
housing environment which is dispersed, appropriately scaled to the
neighborhoods and affordable. The proposed ADUs will be new and
extremely well located. They will blend in nicely with the
surrounding residential uses and will be of an appropriate scale
when compared to other residential uses in the vicinity. They
should positively contribute to the desired housing environment.
The proposed ADUs, located within two detached single family
structures, will appear to be part of the free market homes, will
be quite compatible with the scale and character of the community
and the subject's immediate neighborhood. This is stated as
important on page 30 -5 of the AACP and on page 31 where applicants
are encouraged to develop small scale resident housing which fits
the character of the community and is interspersed with free market
housing throughout the Aspen Area. The proposed ADUs in this in-
town neighborhood will contribute to these objectives.
Page 31 of the AACP discusses how infill development should be
encouraged within the existing urban area so as to preserve open
space and rural areas and allow more employees to be able to live
close to where they work. This is an advantage to the proposed
ADUs. The units will be constructed as part of a redevelopment of
the parcel in the largely built out in -town neighborhood. The
creation of these units is the type of infill development which
creates very little negative impact.
Also stated on page 31 of the AACP is the desire to locate
permanent resident housing near desired activity centers. The
location of the ADUs at 123 East Hyman Street and the project's
proximity to downtown Aspen and its activities make it an excellent
location for two ADUs.
The 3rd bullet listed on page 31 of the AACP states the intent to
"promote, market and implement Cottage Infill and Accessory
Dwelling Unit programs." Given this AACP statement, plus the other
sections of the AACP referenced here, the proposed conditional use
certainly complies with and is consistent with the purposes, goals
and standards of the AACP.
The subject is located in the R -MF zone district. The intent of
this multi - family residential district is to provide areas for the
use of land for intensive long -term residential purposes, with
customary accessary uses. Typically, R -MF zoning is found in the
Original Aspen Townsite, within walking distance of the center of
the city and on lands with existing concentrations of attached
residential dwellings and mixed attached and detached dwellings.
This is true of the subject's location at 123 East Hyman Street in
the Original Aspen Townsite. The proposed ADUs located within two
detached primary residences meet the intent of this zone district.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
3
11�
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development.
The proposed ADU is to be located just west of downtown Aspen and
within easy walking distance of town and all its amenities as well
as bus service. The location within two detached homes in the R -MF
zone is very consistent and compatible with the character of
vicinity and with surrounding land uses. The use will not
significantly generate any new impacts. The area is built out with
other homes, duplexes and accessory units. It should compliment
the mixture of uses and activities in the area.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse affects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
Parking, trash and service deliveries will not significantly change
as a result of the two new ADUs. Prior to demolition of the
previously existing structure, all services were provided to the
site. Visual impacts will not be different from the proposed
development of two detached single family homes as the ADUs are
attached to and incorporated into the homes' designs.
The development will operate similarly and possibly with less
impacts than the previous structure which has been demolished.
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.
The addition of two ADUs will not significantly impact public
facilities and services.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
No new employees will be generated from this conditional use (an
ADU) and therefore this standard does not apply.
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.
The proposed conditional use complies with the AACP and with all
pertinent requirements of the Land Use Code.
4
ACCESSORY DWELLING UNITS
minimum Submission Requirements
The applicant for this request for conditional use approval for an
Accessory Dwelling Unit is RK Land & Cattle Co. The address for RK
Land & Cattle Co. is 420 East Main Street Suite 204, Aspen, CO.
81611. The phone number for RK Land and Cattle Co. is (970) 379-
0688 for Ron Kanan. Please refer to Attachment 3 for a copy of a
letter from RK Land & Cattle Co. authorizing Davis Horn Inc. to
submit this application and to represent RK Land & Cattle Co. in
the land use review process. The legal description of this parcel
is Aspen Original Townsite, Block 69, Lots E and F. Please refer
to Attachment 4, a vicinity map locating the subject parcel within
the City of Aspen. Attachment 1, a 24 X 36 blueprint, is an
improvement survey dated 9 -10 -97 which includes topography and
vegetation. This survey is not current as the improvements have
been demolished since the time of the survey and the lot is now
vacant. The floor plan for the ADUs (and the two detached single
family residences on one lot) are found in Attachment 2 along with
elevations and a site plan showing the proposed project. No proof
that the lot was created prior to 11 -7 -77 is required as the
subject is an Original Aspen Townsite lot created in the 1800s.
This information should meet the minimum submission contents
referenced in the pre - application conference summary sheet which is
found in Attachment 5 to this application.
The two proposed ADUS contain 456 and 460 square feet (referred to
as 460 square feet each) in a one bedroom, one bath layout on the
lower level of the single family homes. Attachment 2 shows the
floor plans for the ADUs and the homes, elevations for the
structures and a site plan for the property.
Review Standards: Development of an Accessory Dwelling Unit
The review for an Accessory Dwelling Unit requires a public hearing
before the Planning Commission. When considering a development
application for an ADU, the Planning Commission must consider
whether all of the following standards have been met. Below, each
of these standards are listed and addressed.
1. The proposed development is compatible and subordinate in
character with the primary residence located on the property
and With the development located within the neighborhood, and
assuming year- around occupancy, shall not create a density
pattern inconsistent with the established neighborhood.
Each of the two proposed ADUs will contain approximately 460 square
feet and they will be attached to a detached, free market single
family residence. They will be compatible with and subordinate in
character to the primary residences on the property. The two homes
on one lot, each with an attached ADU, will be of a smaller, more
5
compatible scale than the more traditional and much larger, multi-
family projects typically built in the R -MF zone district. The
floor area has been limited for the two detached residences with
ADUs to less than what would have been allowed, should the parcel
have been developed with a larger duplex or multi- family structure.
As proposed, the overall density and scale will be more compatible
with the neighborhood.
2. Where the proposed development varies from the dimensional
requirements of the underlying zone district, the Planning and
Zoning Commission shall find that such variation is more
compatible in character with the primary residence than the
development in accord with dimensional requirements.
To our knowledge, no dimensional requirements need to be varied for
the development of the two proposed ADUs. It is our understanding
that the minimum distance between buildings requirement adopted by
the Code amendment for two houses on one lot is 6 feet. The
proposed project has six feet distance between the two structures.
The City has misplaced the pertinent, recorded page of the
Ordinance 12 which adopted this change for two houses on one lot in
the R -MF zone district. The most recent copy of this page found by
the City, though unrecorded, verifies that the requirement is six
feet. Although we do not believe it to be true, should a Special
Review be required to lower this requirement from 10 feet to 6
feet, we would like to request this reduction. The reduction to 6
feet is compatible with and enhances the character of surrounding
uses and does not create any adverse impacts on surrounding uses.
It is an internal requirement that does not significantly impact
the neighborhood. It prevents a narrow, more awkward design and
allowed more flexibility in the design of the proposed structures.
Again, we do not feel Special Review is required, but have
requested this in case it is needed.
3. The Planning and Zoning commission and the Historic
Preservation committee may exempt existing nonconforming
structures, being converted to a detached accessory dwelling
unit, from Section 26.40.090 (B)(2)(a) - -(g) provided the
nonconformity is not increased.
The non - conformities of the existing structure (now demolished)
will continue to exist, though they will not be increased. This
includes a 18.4 foot length of one story structure along the east
side of the east home side which has a 1.5 foot setback. Also, the
open space for the parcel is being increased due to a larger front
yard and the space between buildings, but is still non - conforming.
The open space nonconformity will therefore decrease, but both the
setback and the open spaces nonconformities will continue to exist
and are grandfathered in. These nonconformities were verified by
Sarah Thomas of the Building Department prior to demolition. Sarah
has also reviewed the proposed plans for the property for
consistency with existing regulations.
4. conditional use review shall be granted pursuant to Section
26.60.040, standards applicable to all conditional uses.
This letter addressed the conditional review criteria in detail
earlier in the application. Please refer to the conditional use
review section earlier in the document.
SUMMARY
This letter has addressed the submission and review requirements
for conditional use and accessory dwelling unit land use reviews.
All of the standards and review criteria have been met. By
providing two very well located, desirable, new Accessory Dwelling
Units adjacent to downtown Aspen for local working residents, the
applicant will contribute to the goals and objectives of the Aspen
Area Comprehensive Plan. The proposal will have negligible
negative impacts, yet numerous benefits to the community.
In order to facilitate your review of this application, the
following attachments are included.
Attachment 1: September 19, 1997 improvement survey for 123 East
Hyman St. which includes improvements which have
now been demolished, (24 x 36 inch blueprints);
Attachment 2: Floor plans of the proposed ADUs, elevations and
site plan for the proposed project;
Attachment 3: Letter from RK Land & Cattle Co., the owner of the
subject property, authorizing Davis Horn Inc. to
submit this land use application and to represent
them in the land use review process;
Attachment 4: Vicinity map locating the subject parcel within the
City of Aspen;
Attachment 5: Preapplication Conference Summary;
Attachment 6: City of Aspen Land Use Application Form;
Attachment 7: Signed Fee Agreement;
Attachment 8: Proof of Ownership (title commitment and certified
tax assessor's ownership record);
Attachment 9: List of adjacent property owners within 300 feet
for public hearing purposes; and
Attachment 10: Block plan for the 123 East Hyman block.
rl
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Please call if you have any questions or concerns or if we have
inadvertently neglected to address any of your concerns. As
discussed previously, by submitting this application this week (the
week of June 8, 1998) we understand that the application will be
reviewed in accordance with the existing, soon to be old, Accessory
Dwelling Unit provisions of the Land Use Code. Please advise us as
soon as possible when you have determined that the application is
complete or if you need anything further.
Thank you.
Sincerely,
DAVIS HORN INCORPORATED
ALICE DAVIS AICP
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RK Land & Cattle Company, LLC
420 East Main Street Suite 204
Aspen, CO. 81611
June 10, 1998
Chris Bendon
Aspen Pitkin Community Development
130 South Galena Street
Aspen, CO. 81611
RE: 123 East Hyman - Authorization Letter
Dear Chris:
This letter authorizes Davis Horn Incorporated to submit a land use
application on behalf of RK Land & Cattle Company LLC, the owners
of a property located at 123 East Hyman Street in Aspen, Co. Davis
Horn Inc. is also authorized to represent RK Land & Cattle Company
in the land use review process. Davis Horn Inc. is located at 125
South Monarch Street in Aspen dr you can reach them by phone at
(970) 925 -6587. You may contact me at (970) 379 -0866 if you have
any questions.
Thank you.
Sincerely,
RK LAND & CATTLE COMPANY
by Ron Ranan
President Ranan Construction Co., Inc.
Member, RK Land and Cattle Company LLC
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PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION
DESCRIPTION:
ATTACHMENT 5
CITY1,,,.e ASPEN �-
PRE - APPLICATION CONFERENCE SUMMARY
Chris Bendon, 920.5072 DATE: 6.3.98
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Conditional Use for an ADU.
Land Use Code Section(s)
26.60 Conditional Use Criteria
26.40.090 Accessory Dwelling Units
Review by:
Staff for completeness; P&Z for ADU
Public Hearing:
Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15
days prior to the public hearing if any federal agency, state, county, municipal government,
school, service district or other governmental or quasi - governmental agency owns property
within three hundred (300) feet of the property subject to the development application .
Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing.
Referral Agencies:
Engineering, Housing, Parks, Fire Marshall, Water, ACSD, Building
Planning Fees:
Planning Flat Fee ($245)
Referral Agency Fees:
Engineering, Minor ($110); Housing Minor ($70)
Total Deposit:
$425
To apply, submit the following information:
1. Proof of ownership.
2. Signed fee agreement.
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney 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.
5. Total deposit for review of the application.
6. 20_ Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ_ =: CC = 7; Referral Agencies = I /ea.; Planning Staff= 1
7. An 8 1/2" by 1 I" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of
Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if
the project is determined not to warrant a survey document.)
9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
10. List of adjacent property owners within 300' for public hearing.
11. Copies of prior approvals. Proof of lot being created before 11.17.1977
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.
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=1 OF - kSPFiT (hcrcim cCIM and IRK Land +- Cad C -"y LL4.
(1ereiaa8erAPPUC.kY AGRaASFOLLOWS:
1. APPLICANT has sabmatmd to CITY as apphczan ft Q Cmd i-6iOn Q l V `- +
THE PROJECT).
Z APPLICANT ids and agrewthat City of Aspen Or&==Rio. 33 (Sew of 1946)
esabiishes afee sattcY = for Iaad use applications and die paymart of ad processing :5!= is a
coadidon pr=cdctt m a d==dnazi= of Zppii:c m compie stars .
3. APFF-;c*r,. and CTIY agree than be== of to siaa. aamre or scope of -me proposed
project it is not possibIe at mis dme to asc=min me and M=w of the cosy iavaived a proc�
the apniirawn. AP ?LIC.%,Vr and = Sather agree that it s in the ime.TSr of dx parties m allow
APFLICAcvT x make payment of an iamai derosir ind to dwmi r permit agickdortai costs w be
biIled o APPLICANT on a soathiy basis . anIl be bcacirc by training
gte= cash Iigaidity and :viii matte ad=- ' nai ;Mn = upon wdffc2don by hie G i �: witct:he
are necessary as costs ate lac = CTIY amees :tom be beacamd dMouga die gc= cr MMM or
tecpve ing its £all casts m p A3FLiC:AYT S apphcmoa.
?. C,"TY and APPLICA:ti , former amt_ that it is m m =aeie br CITY sw to commteze
processing or Xm=,wren xxomtahon t4 d w Plamang Coatm &%on and/or Chy Caunctl to
enable the Plate= Commission and/or Cup Couw3 to maim legally required Sndmgs `or;Mcx
approvaL upiess caaera biIIings are paid a foil prior trr decsa® r : Ft .
3. Thcafort. AF°LC? vT ag ees drat is coasidaatioa of me CIIY's waiver of 3 :igott0
collect fall feed prior roo a dez on of applicadoa wnwicsesesc, APPLICAI-TT s alI pav an
initial deposit m the amount of z for -gyp of pia adn =ff mz e, and if
actual recorded costs exceed the initial deport APPLIC AOTT shall pay additional monthly bhil:.p
to CITY m reimburse tic CITY for the prong ofthe application mendancd above, in
post approval review. Such periodic paymens shall be made witbin;0 days of the billing dnt
APPLICANT'far&= agrees that faulrm TO pav such acmwd toss shall be gtonods for sci on
ofmvvicesang.
CTIY OF ASPEN AP?UCANZ T
Dste:
Printed N'Sa=
City of Aspen MaTag.t ddress;
Aceem.O
0001529 N ti
CX IAND 8 CATTLE
feor ohMa _ C/O BON CANAN
199!1 1 - PO SOX 669
ASPEN CO 81612
4pr Dist .. 51
A
PorW Number Imm Spoon
nirCdyt�':.,::". T loeaiioi+ap5 ; oC! TY_ Po_ Lao
le Wusinm Name No
•I
1
Names
2
Silus Addm u
3
Mobile Honor
4
TrOWSocOon
5
Condomk*"
6
Block A UA
7
Book & pop/Sol"
6
Mixe6aneous
9
Tax Items
10
Pre/Sueoeed
AND TOWNUM OF ASM
LOTS SK." P09175
�}�iachn+�►+{ 8
tun n Year Mm Veelon I Go To ImoQn
Prior Poor Nwd Veoaon Abotenwnt
NWYeal cwr$Doe`s
Update dear I w
l
cow-ry ASsessOr
Sm East Main Street. Suite 202
men, CO102do 81611
LEGALDATA
EQUENCEVER MFM VEREND
.. ,,,,w..,..wv,m00000000
Fidelity Nadoncl Title
A Stock Company
Uwner' " �a
CornPany
of Title Insmrance
ftow N=bw 1312—
AT WWW $
OWNER'S POLICY OF 1-1'1'LE INSURANCE
89761
SUBIECT70 THE EXCLUSIO.NS FROM COVERAGE. THEEXCEMONS FROM COt 'ERAGECONTAINED IN SCHEDULE
BAND THE CONDITIONS AND STIPULATIONS. FIDELITY NATIONAL TITLE INSURANCE COMPANY, acorporation,
herein called the Company. insures. as of Date of Policy shown in Schedule A. against loss or damagC not exceeding the Amount
of Insurance stared in Schedule A. sustained or incurred by the insured by reason of,
1. 77:lc to the estate or interest described in Schedule A being vened other dtan as stared herrin;
2. Am, ddecr in or lien or encumbrmtce on the rule:
.1 Unmarkerability of the title:
4 lack of a right of access to and fiver the land.
The Campam will also pay the costs. anornevs -fees and ewnses incurred in defense of the ride. as insured. but onh' to
the ecrenr provided in the Conditions and SripuLcaums.
1,k u�fTNESS g HEREOF. FIDELITY ;VA77ONAL TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed by its dui• aurhYPER offacerrs as of Date of Policy shown in Schedule A.
Fidelity National Tithe Insurance Company
By
SEAL AV= �.
troaor
Authorized Signamre
ALTA Ownds Policy (10-17 -92)
n Mr a...., u,, 1217 /Frot)
L or nowrO PAY 01LOTHERWMSi TTIEL-_2 3; TPEt3MULI ON
OF r taaxr rev
L me of a claim order the policy. the Company : q bevc the following acdi-
thml opeioan:
(a) To Pay or Tender hymen[ of rest Asaaaak of hmanas;r.
To pay at under payment of the senors of omanue under dens Policy mgehrr
shim soy cats. anarnrya' hftase atpmset idaseed 4Y dwimureddalmss. which
wean wormed by to Company, up a she than of Pymant Or tender of payment
and wbirJt the Campmy a ttl�eed an Qty
upon the exer . by the Company, of dd Option, an liability and Obligmo¢s
in do maimed molar the 4oliq, mss than m make use payment requires, YWl
aamioo, e",4,, My babilhy «abligaem n hiand. prosecvm: or Oamsmot
my liap� >od t6e policy Ibis be mreodrsd m &a Company f« unailation.
(b) To Pay or Me Soft Wilk !teeter Other them the Lamed
Or VA& me lend Q@kmoL
6i to pry or otherwise: role wits other Partin for Or M the name tan commd
demo any don, insured Maxon under this policy, mgrmer with wry costs. ai-
oaacys $c sod expenses inured by the ammod daimat whirs were amharand
by the Company aP m the tee of payment and which the Comp11y, is Obligated
to pry: or
Q to pay ce adia - s ante wit she rimmed daihnant the loo « damge pro-
vided f« hander this policy, together with un, coat. a®roeys foss and
expenses iocursad by she inured claim m - were a dismand by do Company
up
in the nine of payment and which the Company is QUIR" to pry.
Upon de arocveby do Company deimeof disopdonspmvded_for a Paragraphs
(bx0 « (h), the Company's dbligaam m n the ;>md coder this Policy fs dat
tlafmtoc heft « damge. alter the use paym� ra4utRd n bi rode. shay
mount, including including any liability or Obligation m defend. Ploume or commue any
impma.
7. DUERIMIMATION, EXTENT OF LL►RII2iY AND COMU ANC:E
This policy is a comas of mdmaey against sound menmary Ins « damap
sasamed or iocmrd by the inured daimon[ who has sollbr d ins « damage by
tsaserh of roams Mmtdaam[ by itsppd01try amdody m the a o: arbereiatiealbUL
(a) The liability of the Company O dais policy shall rot rimed the least OE
G) the Amount of lenuanos std to Schedule A: a.
Gil die differ berw® she value dine aimed erase «least as insured
and the value of tat --rod esme Or uuerea subject m me dcf=L. lien or eecvm-
bnmoe rotund apiar by the Paley-
(b) [m tie event me Ammmt of haamanou sand in Schedule A at the Die Of
Policy a Iess than SD percent of the value of die assured OSM Or iorereri or Elsa
fait consideration paid for the owes, «iamest whichever v lea, or if sduequeme
an me Out of Policy an unphw®os is acted on the Ind whim mcrc mn tie
value of the ramrod care or' by a imr 20 ptzcem over the Amoenr Of
Insurance stared is Scbedae A. done this Policy is srthjea to the &00 -ioy
G) - lies e an subsequet impovemes has ben made, as to soy poet loss,
the Company Isllt Only pay the low pro ism in Cho proportion this the amount of
to n ance ar Date of Polley bens m the eon( value of die esao « iateraU t Date
of Policy: or
(ii) where a Sdianc;tm Improvement has ben made, as n IMy palm loo.
the Cempaay, .shall only pay the Ins pro tan a the proportion tit 120 percent
of the Amo m of imn=ti mend a Schedule A bear to the sin of the Amen
of Imorsocie natal is Setdule A and the amount expended for the improvement-
(c) The Company well pay onN some nom, ad-s S' loft and vP=.'Cs incurred
in accordance with Scetion 4 of met Condom and SUpdatiom.
S. APPORTTOMCWT
If the land described in Suede A comm of two «come pastels which are
our used a a single sine. a>da La is established affecting one or moredthe Psuk
but eras. tic loss sell be compused and salad on ape rata bath a afthe —1
of resonance: order rhea policy was divided pro rata a to too vahn our LMe of Policy
of each seperte prrd to the whole. exclusive: of nay ®povemeon made Oman
queer an Due of Policy, min a liability or value ben omswire ben agrmd open
a an each parcel by the Company and the tames I t die time of the ismanee Of
this policy and shown by an express sammicat or by an esdorrco t aarJted m
this policy.
4. urArrAT10N of LLAamm
(a) If the CouTany emblishes the ride, or removes; the alleged drleot. lien or
eacwmbr■Nm. our ears tba Let d a right d aeoer; n «from the ism «two
ElK claim of o>omtembsiry dmle «atherws mobbibes the lien time imsmed
mortgage. all as moved. in a tasmably dsigmt moment by any method. molding
; - Fcionadthe_ maeploonof sayappoLmerffiom .a*AUIrve&Ryperformed
"tan obligation wish taRaer m that mom and shall one be liable for my loss or
ge rao9ed thereby.
(b)Ten me ranee of any litigation mdudeg lrnpnan by the Compny « with
me Company's ooanmC the Company sho hive on iobstry for loss - damage
&a there ben b®a foW deaeemmoos by a court of compmm lmedsrtioa and
diryaem d au appeais therefrom. adverse m me title a immed.
(c) Tee Compmyastl ttt be sable Rr ben «ebhmagen to' immd hr Gabiliry
vosmtarily atatimed y me mooed m aeelmg sy claim «sum wmrhWl me part«
wrinen comes d the Company.
10. YEUUCTWN OF PaXMA1NCEc REDUCTION OR TF3IilMTION OF
Ail pwymaer order ibis pohe prymmr mat f« nom. as«meys' tan
sod ergtmer, sltslt tssdoce the amass d me inmfahoe pro tadn.
u.LUSELM 1NONCT)f. TTVE
if L exprefinY horderaood rue amaet Of' this policy shill
be rcdNOd by any amass t'"'supany, may PRY to MY Pulley
io�tq a roc•
tpgen3 exception e m g taccde flar m wNieb the imia
agsoac
assumed, or tales /ahlaer+ uidhicka is bereaths cucmd y an imord and V40A
is a cbwp « 1m no tie cram or ivm= dsmmd « VC&I n in Schedule
A. and the M an pad shah be deemed a pay menr eider this policy an the
mind Owser.
IL PAYbGNT OF LASS yaw for tadonemmt d
(a) No payment a►sR be rude wrhour producing Pd!cY
the paytmt antra me pd. has bon br « denoyed. m which � proof d
IM a degrac�m slmH th t'madied to rh saosOs+ba at me Company.
(b) who liabsiey and ssA count of foss OF damage but been cleficasely fated in
a000sdamre with dame Cduditian and Sdpda000, the kn «damp shall be payable
wirsi 30 drys mcrefter.
]3, SVOROGATMN UPON PAYi6 M OR SETTLEMENT
W Tor Compaq's Wost of %brordes.
Whenever the Cmp Sha
ery g have stdW ad paid a dame antler this policy,
as right of sdmgaion shell vest in the Company mmffectud by my act of the to-
The Company shall be lafsogsmd m and be ended m all 699 and rmrd'rs
which % hei msrdA —woodhavebadspmaany Passe «PmPM In
o the denim had this ppoa{ieccyy rot bees mued Y m4mtmad y the COMM"- this so-
s� tia®as stall iiamfer n the Catrpmy all dolts and rrme3es npmg any
person er property seeessary, in ads n perfect ibis right elf subaoatlom- The m-
smNd d1 ® adult parent the COMPANY in hma. oompra®e or week in she Hama
of the mend daims ad n use she name of th insured daanas in my mansac-
tou at lingoes ihvotvmg there rights or dss.
If a payment on attonnt of a claim doe not lolly cover the Ion, d the named
A,-- the Company And be intentional m mere rights ffi he>mier in me pro-
to
pastor whirs the Co�my s panes bets the whole team d sL loss
If loss should nade fiom shy as d tae moved dam--- as rwd above, yin
an shall our veld this th
policy. but e Company. -m deer e.er. e Shall be hNgncad
n pay only that part of any fatter msme , apes by this policy which sbaa ereetl
the smohan. if any, loan the Company by romn of the aepeumot by the ramrod
eta of tie Cotnymy's Iva of mbmgoan.
(b) The Comp Ws R'idas Agtrst Noshn u d Oblig«s-
The CoWmny'a rids of sulamprion against ppn-®ned Obligor, shall exist add
shah ndodesofbecomes: or bonds. theiatturodn ruff Oron-&ass1s.
name in mold ommoo «binds, oa a *w of itg lay saga « coo
tahid in dense iesmmena amid provide Ins srmbcoptioel eights by roam of min
Policy.
- -i)dps prohhbioed y in he law, diner the Co�aoy «me mmuad cosy can
coned atbeados pmmamtanx m the Title fas>annee w:bhamoe Rotas d the Aamatov
Arbasadm Aooaation Arbitrable comers may mdude. has use Oat 1®tod to, try
—,Vat claim basses me COOpo y and the aimed nsiof m of «sek=4
W this policy, wry an d me Company to ma a m with tt u « me
bran of a pokT wevei0n or other obligation. All arbitrable comers when me
Amens dlmtmmou is SIAMODD orlm shalt be wbmaed at the option of diner
the Company or the instead. AD achievable mess - the Amain Of Iasmaam
is in—of SLOODAW sIW1 beabiaamdody when aguadm by both the Com-
pany and toe imnmd. Armenian, pmram to the policy and under tee Auks in
effca on the date the demand forarbieraen is made m,: the Option of doe imurd.
me Role: in off— at Dade of Policy shall be binding upon, the papa. The aerand
my include raocneyt' fen Only if the lm of the tore m which the lad a loeamd
prix a emit m award ammrys' fees m A pra'ailiet parry. Jmdp,m upon tlht
avoid xmdnd by the ArbRamr(s) may be eenerd in any court having jm 6c ma
dureef.
The law of the stmt of the Lad abAR apply to as tbwaom occur the Tick In-
Arbitration Itnlft.
A copy of the Rda may bit obtsiftd from me Company open segmmt.
19- LULU =LDUEWT0TRMP0LLCY•POg]CTWrMC0rr ACT
(a) The policy topadr wits as andotsmenm. if any. amched baero by maCAW
p_ my is Use easse Policy and memaa between the romtl ad me Cmpsoy. L sliall be command in a whole.
b cl� m dmg, bodus or win oa --di in-_ and whets
arise; m of the a== of me tide as the estate as inserter covered bemby or by
any tom a-mun sacs ca®, shall be restricted n thin policy.
(c) No � of or mdonmmt to ibis policy can be made exnpr by a
writing endorsed Imerao or amchad herein sipped by Amer to Praidmt. a Prom
Pr®dm. the Sotarary. an Assistant Secretary, «vahemmg offsou m xwbwnW
si 00") of the Co pany- -
16. S6VIMJI, iTY
L die eve any pnavmaan of she Paley is odd iwaifd or oom(aaable ocdc
apply ." law, the policy shaltbedtemo, rot n iociodethtprovmOn and MD Other
proaaiom that mount in lidg force and effect.
V. NOTICM WISOM SENT
All — mgWW to be dam the Company, say say naleaad in wriong ra
speed to be fans" she CoMmry shall mode the amber of this policy wed
sball be addressed in she Company ac
Fadebq National TU6 Isssmatce Compaq
Narioml Claims AdMinLvrmian
17911 Von Yjrmaa Ave00D. Sltife 300
hviue. CA 926145253
arise by men. K:
'L hl Any lawt otEaseor ge.asaKl asg.ma, rdodiBg bet GM Gsdmd m bOMM and aeeig mit%, , or ntgtitiest teeokd9 era
or tdaamg a W the oaepaa0. vier or nepa a the land; lid Ike dmafnC dintseiaas r 1006M Of
Gil aspaamart new or hBmfler eresd a lie
Gi a ss'VanlioB in e•Beship or a chmt dsaaamm W as d the land or any Pram K mite! it jI k or as a part or 0" erarvhmemew pvwm a
or the e(lict of m omission of War kwsk..tO' or sereruaam" regBbuios. °mss a t>m a .atka K IY aatfasoeaat mwest or a .aster K
R dehis. line or entomb, ¢ remaking Gem a vitiation w alleged vitiation allotting the fad Item bas eemdrd is the pchk records at D11e of Policy.
(b) Any gam=WBrd Voice Peer Bat Bade I by (a) aI I , eaar is the "amt dog a notice of the tmefa amen[ or a each of a 4141101, am of movemYraher
remaining Iran a vioWba or surged vitisgim affecting the Used has base toenedsd in the public r® , at Dam of Policy.
L Rights, of comment domain Miss Bask@ K the aBat . tb~ ass base r.cerdo I in the aebha antic as Dasr K Peep, has NO end 1- fervor rsaape may Using
his hn me.nd prior a Dore of Policy a3id vmtid be binding one the right; of a Vmdm far v61ne wkbw kMw -gs
3. Deems, lies. eaceaNanae, a*mw chain or other Batters:
(a) aasd, saffrred. armed or agreed to by the' cad tfaimmC
(b) era Yore.. in the Compiny. eat itinerants in nee public roads ot Dane at Pais, but (moon m the 'claimant ad uas el'rdofed in oeitisg m the c
by tkt tamed damat prior a the dam the uamd d — bresme an i11Ned rider rids policy;
(c) vothimilamor, aetage to the Leered dais e
(d) LL1shfBg or creed so i a Date of Patin; a
(e ,resulting to rota w damage whkh shard Ban bore base 311Rtiad if rim iemrd doom W gold vain far the erma or iasme4 ietmad by this Morey.
i Any Chia -hicb arises eh.t K the WMRPAM a veut4 in die located the come or iBteiras raved by the poser by tare of the operation K (Wow bmkr&P q. stone
ta0lw:acy. or s®he medlaR' eights low. that is based gas
ID tat transaction creating *a estate or iaamtw iaat I by nets Policy berg deasad a fsdmss eamgam or Ga•dnkae traMar: or
(fi) ac massctfo. aeatiBg me earn eroterest bmBrd by this policy being deamd a raefmnetd taaderaue11pt where W Msfaove'l master recalls front tie [adore:
(a) to timdy retard the' of tame. or
(b) of sub ncordafaa a +'pane rain a a p,,d m r for Sala or a jedg^an or fie audi0ot
COMMONS AND S EPULATIONS
I. DEFINITION OF TERMS
The folloving rams when used in nth policy Wean:
(a) -%rdo rd• •: the insured and in Srhdok A. nerd, ninon a coy rights or
defenses the Company woad have bad &gum me nand united, those who mo
card m de maeresx of die mined horned by operamon of law as d' from
purchase minding. but not limited m. hens. diwibmm. devisees. smvivoer. Per
wW mpeemarbuva. out of kin. or corporate or fiduciary -G -swm.
(b) '•rhhsmed claimant'": an homed claimag cos or dingo.
(c) .•kmwlede " or ••koetwe" . actual knowledge, act cenmmbva imowledge
or mote which may be imputed to an unwed by rasa Of me public tmentds as
dr£md in this play or spy other feCOrdt whtb ullpm enasmacd mice d mar-
tins affecting am land.
(d) ••land, de land described or referred min SChdule A. and improvements
affictd thereto which by law conswne real property. The ono •'land " 600
roe include cry property beyond On lino of the area described or refused in in
Schdule A. nor any rsgyd tide. imagist. aoteor ne>mren in abamogsaas. rods.
aaesnrs. alleys. lea. ways or waterways. but nothing htenor stall modify or Bout
the eats a to --bids a right of excess to and from des land is Warned by ths policy.
fe'• mortgage"': rsrWF. daddrama.peadsimotherswwdyfmmhaeern.
(D "pdiiic recmdf"": -seeds taablisbmd ode seam SOtees ar Ude of Polcy.y
roc the PU pose o[ irtparting conmumae mars of mates$ rdtuog in reel papasq
to pwelusas for valise and wahota lmowicdgn. With ruQIKI to S
of the Eoclhoimt From Coverag. "public raoordt Wall also
al protection lien filed in dhe reoetd3 ofthe clock of the Unison Sam divenct enure
for the district in which the land is location.
(g) ••tmma terms city of the tidd': an alleged or apparent mast affcting the
title to the last& not esciuded or accepted from eovaage. word wotdd code a
purchaser of estate or esta or imetest described in Schedule A to be released from the
obligation a pmdmse by Wma of a waarnnd comdm in cognising the dehv y
of markeoble due.
L CON7'MATION OF INSl1RANCE AFTER CONVEYANCE OF TITLE
The coverage of this Muey shill aoome in farm as of Dare of Policy in favor
of an inured only so long as the wanted oases an ti mere or roam in the lam.
or ands an indebmdoea secured by a pew nanny mortgage 1P"on by a pur-
cheer from den fmmd_ of only so loaf as the mated shat dove liability by rmsm
of ewamm or of wamnty made: by the isamed i s any transfer or mnvryaom d
the esae a Warner. r. Ibis policy shall tin mucus in force in fin. d any pen
chaser from die ieomed of either (i) an estate err isera, is the lard. or (u) an ho-
debrdmsa secured by a ; - I %ON" mortgage grvm to the imrotei
3. NOTICE OF CLAIM TO BE GIVEN BY INS'URW Cfr1DNANTL
The assured shall' notify the Company prom;* in wrfmg n m used any imP-
lion u w ford, in Section Ala) below. (m) in rase kw wkdge shin come m an is,
mod is ouder of any claim of dda or imarcs which is adverse m tree title to the
sae or fmnem, as famed. am whfb might sex 6055 or elannge for which the
Coatim my may, be liable by visme of this policy. or (Hit if tide a the amt or in,
tercet, as hound, is rejected at unneskea6fe:- If primp nodes doll not be gives
W die Company, thm in to dm named all Ikbuity of de Company shall ammaa
with regard to the rvaner or momess foc which pomp: nodce is regard: plmvldd.
however, dip farTme to notify the Company shall in m case ptaadia tha fW-
of am musicd codes this poifcy hmkss the Company shall be pmjudioed by the
failure and than only m the Mm of the I jodia,
a DEFEX5E AND PROSECVIION OF ACSPONS; DULY OF INSURED
CLAIMANT TO COOPERATE
(a) Upon wrmm seiner by the iamrband abject in the options ensamed in
Section 6 of shoe Comities and °— a-^^^' the Coupmy, in its own one and
withous aoremoaD,c delay, shall Provide for tittlefense can insured in litigation
in which my third perry ass ma a claim adverse in the title Of imereat s sewed.
bid only as to :hose gad comes; of action a6kgiug a ddoa. lie or nomentination
or other mama iasured against by this Policy. The Company shall have tha fight
to scam Wmsd of M own choice (wbjocr to the right of the brad to Object for
remosabk a.oq an teprtsaont the assured an a these stared Cause d action cad
Shan pot be liable roc and rill one pay the fen of any other coined. The Company
will net Pay my fens, cps or atpemes ioaused?y the restated in the defense of
theme case at atom which allege mamas: ,s nmotd apma by this Policy-
(b) no COQ' ah+G Moo nee rigid. at its Own COSL m' ad Promecom
sorryanionan smntaiog dimdotty otheras or Mm�er 25-M"L r aPeasy
or eeaigble m tetabaW die tide a the once or mama. a ;tamed. or m Paa'mt
or se x bee or damKe to the immed• The Company an" use a>ry apOraRis
aoge nude the seas of this pdt� .�hnhm or eras a shad be 1 hertmds.
and shall mer thereby monde Mbdar or wive soy t.00 of thin Policy. it the
Company shall era . is rights rmtlttt this panpapm it shah do so dslgeadY.
(c) Whaaa¢ die Company d d l have brought an ataoa or HMPsed a defense
ate I i or pemaei by the peovneopd of this policy. do CompYSY aNY Persue
my Imnpoon to fad deo mmatis by a oomrt or Jurisdiction seen es-
pready, iceman, do dWs4 in as cab deposition, m appal Gum any adverse judg-
n me or order. .
(ter In all ear -line this pnhar pesmte or requires the Company an preserve:
or petavide for the ddenoe d any amoa or p- camiW& me insured 115611 sesme
so the Company the tight a ao I saatt or Provide, detsw in the anon or pmr
meing cad all appals dterdt. apd Permit the Company m nee. a R OPho the
manse of the msmatl for firs paapose. Wismever requeeed by the Company. the
ie moved at the Cosgmy', copse, drill give the Compny all reasonable aid (1)
in any action or prooaedmg, setoff e,dms, oI emaera. Ian
or ddsdmg the action of Psomedimr. or ePfedmng senlm am. ffi (6) ha cry ache
lows mi a whet m the ap'come d h6e Cempary my be mMeoty, or damabb to
ea , kh, des tide m the rime or iaertaa in ensued. If the Corday is Raidkod
by the failing of the fanned to tm isb dm legu and Cooperation, the Company's
obligations in the used seder the Policy da tmmmae. ime15tlmg ary liabiley
or obligations to dderd. prmmate. or donmue Say fbi rdoo, with regard a the
maser or tmtoas erytfimI srh mopr+um
S. PROOF OF LASS OR DAMAGE
In addition to and shay des sodas estimated ode S®on 3 of ehne Conditions
sad Stipalati Wbeen! bras provided the Company. apootdbm car signed
am sewtm to by she fowl d shall be formation to the Company .'torn
90 days after nee htatnra , eL®m Shan means= fie face giving erica an the loos
or damage. The proof d bs or I e Shan dtvembe the defect m. w Jim or
eoaamlxaeen on die ode. or other motor =sued agamK by this policy which col-
■fmam die hadr of line or damage ad ahall asap. a the eaten Ptaanbk. the base
Of calcalmi the amore d the bps or damage. 9 the CaoRsy is by
me taiiam o(dw horned slum s m provide an segdg o goof of lm or damn¢.
the Companyi obUP6Po oft mmled— do policy ideal ms vane .isrimmg
any Unk aq or obligation an ddermd. Vernon. oraodtepc mar abPtio rib raga.d
m hie matter or moms ggoQfng sash pool d bm or dmge.
Ica addfdon. the bmanA da®emmy taaeably 6e maimed to wink an aa®et-
dos wader rah by am mutheriaad reptaWCVe tithe Cmmpmy and sleall psmdaog
for ere mtpaom and mpymg. a satin remmble doe and plans s
may be designated by MY sr6mmed nPtomsdve of hhe Company. as r mdR
how or � Dom dK policy. s�opdc15" ratan pods dw I m or a des
Fefthoe. ff ragosted by ay arLrotima tepaesenranve tithe Cmpany, the I
animas shill Pam its p»sianaa in -'mmg. for cry atha®d aegme>owa
tithe Company m cElatme mspaa and ropy an ttttstads. hooks, ledgem CMds.
mlesp -d— Bm memotamt is the ctaedr or ward d a third petty whirls
by do, rpalmaathefoeorehmhee Allianypu,paefe,,dkSi .,a 11ti61
by the inrmm a othant alue.ai m fie Cooper pmattmt m this Saetoa sOtil nos
be daaad a milers tmleae, in tM reasonable juegssts at tM Campan i s
seamy is teeaehahimaomn tithe claim. };.611hg dime mtsm damta to m sob-
ask for mo>imrim under Dods6 ptommoe ohrr rmmably ragaeatad =bM=mu
or jma t'asmOti@n m seem reso11ably necessary iefmmadm Gm third P MM
u required parry to than aim" . � IMPS! ai � d the COmpary
CASE NUMBER
PCT11798
. s ®ULN B- OWNERS
DATE OF POLICY POLICY NUMBER
09/04/97 a 4:19 P.M. 1312 -89761
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Rights or claims of parties in possession not shown by the public records.
2. Basements, or claims of easements, not shown by the public records_
3_ Discrepancies, conflicts in boundary lines, shortage in area, enchroacbments,
any facts which a correct Survey and inspection of the premises would disclose
and which are not shown by the public records.
4. 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.
S. Water rights, claims or title to water.
S. Taxes for the year 1997 not yet due or payable.
7. Reservations and exceptions as set forth in the Deeds from the City
of Aspen recorded in Book 59 at Page 180 and in Book 59 at Page 286,
providing as follows: "That no title shall be hereby acquired to any.
mine of gold, silver, cinnabar or copper or to any valid mining
claim or possession held under existing laws ".
8. Terms, conditions, provisions and obligations as set forth in
Declaration of Height Restriction recorded October 26, 1987 in Book
549 at Page 169.
EXCEPTIONS NUMBERED NONE ARE HEREBY OMITTED.
FHT
ScmMULE A- OWNER'S POLIC" `
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
PCT11798 09/04/97 0 4:19 P.M. $ 910,000.00 1312 -89761
1. NAME OF INSURED:.
RR LAND & CATTLE COMPANY, LLC, A COLORADO LIMITED LIABILITY COMPANY
2. THE ESTATE OR INTEREST IN THE LAND EEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO MMEIN IS AT DATE OF POLICY VESTED IN:
RK LAND & CATTLE COMPANY, LLC, A COLORADO LIMITED VIABILITY COMPANY
4. THE LAND REFERRED TO Ild THIS POLICY IS SIT[JAT&D IN THE COMITY OF Pzl;=,
STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS:
LOTS E AND F,
BLOCK 69,
CITY AND TOWNSITE OF ASPEN,
COUNTY OF COLORADO, STATE OF COLORADO
PITRIN COUNTY TITLE,'INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(970) 925- 1766/(970) - 925 -6527 FAX
THE POLICY WOO SWA OR THIS SCMEDKAE NST AGREE WM TIKE PREPRINTED IRRBER OR THE COWER SHEEET.
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WARRANTY DEED
ffis ONED, made• this."" ''day of SsPTamER '" � ATTA0* __
OF THE COUNTY OF I STATE OF
GRANTOR, AMID RK lain 4 CATTLE COOTANY�LLC, a Colorado limited liability company
whose legal address is :
C/O RON KAMAN P- O. BOX 649, ASPEN, CO 81612
COOE2R OF PTTKTN, STATE OF CO
NTEMS8ETH, That for and in eoosideration of Ten Dollars and other good and
valuable consideration the receipt and sufficiency of which ie hereby
ackn Wladged, the grantor has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell and convey and confirm
into the grantee, its Successors and assigns forever, all the real
property together with improvements, if any, situate and lying and
being in the County of PITKIN, State of COLORADO, described
as follows:
.LOTS E AND F,
ELOM 69,
CITY AND TOWNSITE OF ASPEN,
COUNTY OF COLORADO. STATE OF COLORADO
I INNI NEVI "1'I 11 WI1'M E W M E N
4MV2 U1841UW 64:19► U) OWE SILVI
1 of 2 R 11.00 D 91.80 N 0.00 FITRnN00 COLORADO
TOGifHER with all and singular the heraditameats and appurtenanoag
thereto belonging, or in anywise appaxtaim =g, and the reversion and
reversions, remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the granter
either in law or equity, of, in and to the above bargained promises, with
the hsreditameats and appurtenances.
TO HAVE AND TO HOLD the said Dreaises above bargained and described,
with the appurtenances, unto the grantee, its successors and asaigne forever.
And the Grantor, for himself, his heirs and personal repreeaatatives, does
cevauant, great, bargain, and agree to and with the Grantee, its successors
and assigns, that at the time of the ensealing delivery of the presents, be
is well seized of the Premises above conveyed, has good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple, .
and has good right, full power and lawful authority to grant, bargain,
Sell and convey the same in manner and form as aforesaid, and that the
same are free and clear from all former and other grants, bargains, Sales,
liens, Cases, asaesaaents, encumubrabeea and restrictions of whatever kind
or nature soever, except those matters AS set forth on Exhibit •A• attached
hereto and incorporated berain by reference.
The grantor eball and will WARRANT AMID FORZ721 DEFSm the above bargained
Promises; in the quiet and peaceable possession of the grantee, its successors.
and assigns, against all and every person or parsons lawfully claiming the
whole or nay Part thereof. The singular number shall include the plural,
the plural the singular, and the use of gender shall be applicable to all
andera.
LAWRENCE T. POSTER
Kiln. Ofy,4
POSTER
STATE OF CL&,,A .o )
Cocurr OF jj�Ln ) as.
The foregoing instrument was ac movledged before me this `}ik day of SLe4tx bt.:
1997 , by LAWRENCE T. FOSTER AND ARC-7-TA FOSTER BY CATHERINE GLRLAND
THEIR ATTORNEY IN FACT.
RL 3 my hand and official seal �•
EXHIBIT "A"
ro �,
1. Taxes for the year �7 not yet due or payable.
2. Reservations and exceptions as set forth in the Deeds from the City of
Aspen recorded in Book 59 at Page 180 and in Book 59 at Page 286,
providing as follows: "That no title shall be hereby acquired to any
mine of gold, silver, cinnabar or copper or to any valid mining claim
or possession held under existing laws ".
3. Terms, conditions, provisions and obligations as set forth in
Declaration of Height Restriction recorded October 26, 1987 in Book
Sag at Page 169.
IIIII III (IIIII Hill Hill! NMI Hill III IIIII5III[
408092 09/04/1997 us IV ID CAM SILVI
2 of 2 R 11.00 D 51.00 N 0.00 PI71Cn m COLORADO
iAAN R E TRUST MARKLE JUDY JABLIN MERLE ELLEN
7115 LEESBURG PIKE STE 309 C/O POOL JUDY P O BOX 778
FALLS CHURCH, VA 22043 10 MEADOWVIEW LN ASPEN, CO 81612
LITTLETON, CO 80121
3PARLING JOAN M WINKELMAN WENDY L PIETRZAK ROBERT J & SUSAN R
300 PUPPU SMITH ST 9205 -220 108 W HYMAN AVE #8 1796 E SOPRIS CREEK RD
ASPEN, CO 81612 ASPEN, CO 81611 BASALT, CO 81623
:EWIS EILEEN BEVERS ROCHELLE C REAL ESTATE BEVERS ROCHELLE C REAL ESTATE
108 W HYMAN AVE UNIT 9 TRUST TRUST
ASPEN, CO 81611 6353 HARDEN DR 6353 HARDEN DR
OKLAHOMA CITY, OK 73118 OKLAHOMA CITY, OK 73118
?ERREAULT GEORGE C
PERREAULT GEORGE C
'"1otootr
31SHOP ALBERT & PEARL
(7 4RRICO WILLIAM N
- -4RTON MARVIN O
202 S GARMISCH ST
,43 URSULA LN
„tBOX 1224 q
ASPEN, CO 81611
LOS ALTOS, CA 94022
ASPEN, CO 81612
�OTHMAN SHEREEN CLAIRE
JACKSON KATHIE
PROPERTIES INC
C/O PROPERTIES
SUNNY SNOW LTD
CHALET LISL PARTNERSHIP LTD
JOHN & MORGRIDGE
C/O JOHN &
207 TERRELL RD
100 E HYMAN AVE
BOX 3279
3AN ANTONIO, TX 78209
ASPEN, CO 81611
ASPEN, CO 81612
iAAN R E TRUST MARKLE JUDY JABLIN MERLE ELLEN
7115 LEESBURG PIKE STE 309 C/O POOL JUDY P O BOX 778
FALLS CHURCH, VA 22043 10 MEADOWVIEW LN ASPEN, CO 81612
LITTLETON, CO 80121
3PARLING JOAN M WINKELMAN WENDY L PIETRZAK ROBERT J & SUSAN R
300 PUPPU SMITH ST 9205 -220 108 W HYMAN AVE #8 1796 E SOPRIS CREEK RD
ASPEN, CO 81612 ASPEN, CO 81611 BASALT, CO 81623
:EWIS EILEEN BEVERS ROCHELLE C REAL ESTATE BEVERS ROCHELLE C REAL ESTATE
108 W HYMAN AVE UNIT 9 TRUST TRUST
ASPEN, CO 81611 6353 HARDEN DR 6353 HARDEN DR
OKLAHOMA CITY, OK 73118 OKLAHOMA CITY, OK 73118
?ERREAULT GEORGE C
PERREAULT GEORGE C
IVES THEODORA H
1002 CROCKERS LK BLVD #117
4002 CROCKERS LK BLVD #117
3111 BEL AIR DR APT 27F
SARASOTA, FL
SARASOTA, FL
LAS VEGAS, NV 89109
ASSOCIATES LTD
�OTHMAN SHEREEN CLAIRE
JACKSON KATHIE
E
C/O SPENCER F SCHIFFER
C/O
104 W COOPER AVE #1
368 HOLMWOOD LN
STE 1
450 S GALENA ST STE 201
T
ASPEN, CO 81611
SOLANA BEACH, CA 92075
ASPEN, CO
STERN JOANNE K
FRAZIER WENDY S
GLICKENHAUS & CO
)142 MAROON DR
1 CENTRAL PARK W 923B
6 EAST 43RD ST
ASPEN, CO 81611
NEW YORK, NY
NEW YORK, NY 10017
LIPTON DONN H & MARILYN G
TIERNEY MICHAEL P
TRUSTEES
TIERNEY ANNE
LIPTON DOUGLAS
PO BOX 2391
3REGG &RANDALL CO TRUSTEES
ASPEN, CO 81612
1600 WOODSON RD
ST LOUIS, MO 63114
RK LAND & CATTLE CO LLC BABCOCK MARJORIE TRUSTEE SNOW QUEEN LODGE PARTNERSHIP
C/O RON KANAN 2161 KALIA RD #412 PO BOX 4901
PO BOX 649 HONOLULU, HI 98615 ASPEN, CO 81612
ASPEN, CO 81612
LAW GLENN EUGENE ^AW GLENN EUGENE - `RALVER RICHARD
PO BOX 2537 ,,, d BOX 2537 AD BOX 10605
ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612
DAVIS BRUCE L BECK GLENNIS GEORGE KESSELRING ROBERT D
PO BOX 8851 2928 SNOWMASS CREEK RD 100 E COOPER #12
ASPEN, CO SNOWMASS, CO 81654 ASPEN, CO 81611
NORRIS JOAN KNAPP MICHAEL STUNDA STEVEN R
300 PUPPY SMITH STE 205 -182 137 PEARL ST 100 E COOPER AVE 99
ASPEN, CO 81611 GRAND RAPIDS, MI ASPEN, CO 81611
GOLDMAN SHERYL LYNN NORRIS JOAN SIRKIN ALAN & ALICIA
520 E COOPER ST STE 210 300 PUPPYSMITH ST STE 205 -182 3500 S BAY HOMES DR
ASPEN, CO 81611 ASPEN, CO 81611 MIAMI, FL 33133
MORGAN LUCINDA P SIMMONS GREGORY T FULSTONE AMY HAYDEN
100 E COOPER # 10 PO BOX 1115 31 RIVERS RD
ASPEN, CO 81611 AVON, CO 81620 SMITH, NV 89430
LARKIN FRED C MURDOCK STEVEN P LAWLER NANCY F
LARKIN LUCETTA M 411 EAST MAIN 80 TALL PINES CT NW
ONE COVE LN ASPEN, CO 81611 ATLANTA, GA 30327
LITTLETON, CO 80123
DOLLE NORMA KEALY MARGE A/K/A DOLLE NORMA
KEALY MARGARET
PO BOX 4901 PO BOX 4901
ASPEN, CO 81612 10 STEWART PL APT 6JW ASPEN, CO 81612
WHITE PLAINS, NY 10601
DOLLE NORMA MACDONALD VALERIE COSTELLO THOMAS
PO BOX 4901 125 E HYMAN AVE #1 -A 1732 P ST NW
ASPEN, CO 81612 ASPEN, CO 81611 WASHINGTON, DC 20036
MURRAY ELIZABETH DIAGNOSTIC IMAGING ASSOCIATES WEINSTEIN ELLEN M
PO BOX 10459 3333 S BANNOCK #740 PO BOX 9026
ASPEN, CO 81612 ENGLEWOOD, CO 80110 ASPEN, CO 81612
RUTLEDGE WILLIAM O IV BRALVER BETTY SUSANNE STARK A A NEVADA
305 S ASPEN #2 PO BOX 11571 CORPORATION
ASPEN, CO 81611 ASPEN, CO 81612 PO BOX 11980
ASPEN, CO 81612
ASTRI CORP
D�QSMUSSEN DAVID L AND
�-- %RTMAN FAMILY PARTNERSHIP
A FLORIDA CORPORATION
�oMUSSEN RITA M
`.db
DO BOX 15584
2907 LUCERN CT
209 W FELICITY ST
FAMPA, FL 33614
ARLIGTON, TX 76012
ANGOLA, IN 46703
KOCH LUMBER PARK
HOUSTON SAM
LIMELITE INC
CITY OF ASPEN
HOUSTON AND O'LEARY
228 E COOPER
130 S GALENA ST
620 E HYMAN AVE #102
ASPEN, CO 81611
ASPEN, CO 81611
ASPEN, CO
3HENNAN MELISSA A
GUTNER KENNETH H REVOCABLE
CLASEN NORMAN E & LAURA B
3HA W ROBERT W
TRUST
CARRIGAN RICHARD A JR
?O BOX 121157
GUTNER KENNETH H TRUSTEE
210 COOPER AVE #C2
?ORT WORTH, TX 76121
PO BOX 11001
ASPEN, CO 81611
ASPEN, CO 81612
I EATHERMAN ROBERT D
SUMMIT VIEW INC
JACOBSON FAMILY TRUST
?O BOX 11930
248 WASHINGTON ST
2168 SANTA MARGARITA DR
ASPEN, CO 81612
TOMS RIVER, NJ 8754
FALLBROOK, CA 92028
I-AMAN WILLIAM H SMITH LARRY J SAUNDERS -WHITE CAROL
-AMAN E MARGRIT AS JT TENANTS 537 NEWPORT CENTER DR #263 PO BOX 8100
301 CALLE LOS ALTOS NEWPORT BEACH, CA 92660 ASPEN, CO 81612
CUCSON, AZ 85718
3TROH GEORGE C
SULLIVAN JOHN B
CLARK ANDREA
AST AUGSBURG
SULLVAN JUNE A
1060 W NORTH SHORE AVE
:MR 456 BOX 144
1207 BELMONT AVE
CHICAGO, IL 60626
APO AE 09157,
SAVANNA, IL 61074
VAGNEUR BARBARA JEAN IREV
HEDLUND REUBEN
PRODINGER IRMA
TRUST 1/4
SEARS TOWER STE 5700
134 E HYMAN AVE
?O BOX 685
CHICAGO, IL 60610
ASPEN, CO 81611
"ORRIS, IL 60450
3HENNAN MELISSA A
SCULL JAMES E
CLASEN NORMAN E & LAURA B
2036 N BISSELL ST
PO BOX 2051
PO BOX 1155
CHICAGO, IL 60614
ASPEN, CO 81612
BASALT, CO 81621
DINGES JERMAINE L 1/6 LADD EDWIN V JR & WILMA C BACSANYI ERNEST ALBERT & IRENE
VAN EATON ELYSE V 1/6 WILMA
51 GREAT MEADOW LN
314 Q ST S W COOBAC SANDRA L& DEAN P
ARDMORE, OK 73401 AVON, CT 4468 JUNIPER DR
KEWADIN, MI 49648
COLEMAN ISAIAH HOUGH HAZEL C ZAUNER HEINZ JURGEN
PO BOX 11239 ONE BEACH DRIVE APT 41002 PO BOX 1 1947
ASPEN, CO 81612 ST. PETERSBURG, FL 33701 ASPEN, CO 81612
SCHUBERT JANICE M ALPINE KENDRA M
7i0 HEARTHSTONE DR *`hOX 11433
BASALT, CO 81621 ASPEN, CO 81611
OTT JOHN GOLDSMITH DOUGLAS DAVID
814 SECOND AVE 75810 ALTAMIRA DR
CROYDEN, PA 19021 INDIAN WELLS, CA
QUAINTON KIM F LONE EAGLE TRUST
6408 WALNUT SPRINGS DR PO BOX 3550
ARLINGTON, TX ASPEN, CO 81612
WICHMANN VICTORIA PRODINGER IRMA
119 E COOPER AVE #4 PO BOX 1245
ASPEN, CO 81611 ASPEN, CO 81612
HILL SAM
MILLER R GREG
PO BOX 10216
PO BOX 4577
ASPEN, CO 81612
ASPEN, CO 81612
FENZL SUSAN SIMMONS GREGORY T
PO BOX 6024 119 E COOPER AVE APT 12
SNOWMASS VILLAGE, CO 81615 ASPEN, CO 81611
RUMSEY DANIEL W GUBSER NICHOLAS J
335 DETROIT ST UNIT 406 PO BOX 870
DENVER, CO ASPEN, CO 81612
ALLEN DOUGLAS P HERRON SANDRA
600 E HOPKINS STE 302 129 SUNSET WY LE ACACIA BLOCK CLEMENTI PARK
ASPEN, CO 81611
SINGAPORE, 597157
CURRAN CHRISTINA H NOONAN ELIZABETH A TRUST
2 ELLESMERE CT 1450 SILVER KING DR
311 BUXTON RD ASPEN, CO 81611
MACCLESFIELD CHESHIRE,
KEITH JOHN III CALLAHAN PATRICIA
300 PUPPY SMITH ST 9205 -230 0184 MOUNTAIN LAUREL DR
ASPEN, CO 81611 ASPEN, CO 81611
�tRUTHERS MARILYN
`��[[ E COOPER ST #301
ASPEN, CO 81611
TYLER BERIT G
4900 N OCEAN BLVD APT 1216
FT LAUDERDALE, FL 33308
FUQUA ALVAH D JR & DIANNE L
446 LAKE SHORE DR
SUNSET BEACH, NC 28468
NELSON ARLENE
119 E COOPER ST #6
ASPEN, CO 81611
KEITH JOHN III
300 PUPPY SMITH ST 9205 -230
ASPEN,CO
HOHMANN ARTHUR J
PO BOX 12392
ASPEN, CO 81612
WEINGLASS LEONARD
PO BOX 11509
ASPEN, CO 81612
POPKIN PHILIP G
PO BOX 7956
ASPEN, CO 81612
GEORGIEFF KATHERINE TRUSTEE OF
THE
KATHERINE GEORGIEFF
REVOCABLE LIVING TRS
#I1 TOPPING LN
ST LOUIS, MO 63131
AMRITA ANAND ALGIENNE TRUST
AMRITA ANAND ALGIENNE
TRUSTEE
PO BOX 772084
STEAMBOAT SPRINGS, CO 80477
KAUFMAN STEVEN B TRUST w%gTE JALEH
2/0 VIRGINIA HARLOW %wo�E DURANT #7 r
)554ESCALANTE ASPEN,CO
CARBONDALE,CO
PARAMOUNT INVESTMENTS INC MORRONGIELLO CHARLES AND
A DELAWARE CORP MORRONGIELLO LYDIA
100 W MONROE ST #1101 18 SCHOOL LN
CHICAGO, IL 60603 LLOYD HARBOR, NY 11743
FEDER HAROLD L
MORRONGIELLO CHARLES T
ELLIS DIANA R
FEDER ZETTA F
MORRONGIELLO LYDIA A
364 SAINT CLOUD RD
210 E HYMAN AVE 94
18 SCHOOL LN
BEL AIR, CA 90077
ASPEN, CO
LLOYD HARBOR, NY 11743
BUSH ALAN D
SHOAF JEFFREY S
SULLIVAN PHILIP
210 E HYMAN AVE #7
PO BOX 3123
1540 MONACO PARKWAY
ASPEN, CO 81611
ASPEN, CO 81612
DENVER, CO 80220
TANGUAY MICHAEL L
WHITMAN WENDALIN
GIBSON & RENO ARCHITECTS
210 AABC STE FF
210 E HYMAN 9101
210 E HYMAN AVE #202
ASPEN, CO 81611
ASPEN, CO 81611
ASPEN, CO 81611
GIBSON & RENO ARCHITECTS
CHICAGO SNOWFLAKE INVESTMENT
BUSH STEVEN S
A COLORADO GENERAL
GROUP INC
210 E HYMAN AVE #7
PARTNERSHIP
C/O SHELL PROPERTIES CORP
ASPEN, CO
210 E HYMAN AVE 0202
950 NORTHERN AVE
ASPEN, CO 81611
LAKE FOREST, IL 60045
LIMELITE INC LIMELITE INC
A COLORADO CORPORATION PAAS LEROY G
228 E COOPER AVE 228 E COOPER AVE
ASPEN, CO 81611 ASPEN, CO 81611
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PUBLIC NOTICE
RE: 123 EAST HYMAN AVENUE, CONDITIONAL USE REVIEW FOR TWO
(2) ACCESSORY DWELLING UNITS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 21,
1997 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning
Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to
consider an application submitted by RK Land and Cattle Company, LLC, requesting
Conditional Use approval to construct two (2) subgrade accessory dwelling units. For
further information, contact Mitch Haas at the Aspen/Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO (970) 920 -5095.
s /Sara Garton, Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on July 4, 1998
City of Aspen Account
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Sara Garton, Chairperson, opened the Regular Aspen Planning and Zoning
Meeting at 4:30 p.m. Commissioners Bob Blaich, Marta Chaikovska, Roger Hunt,
Tim Mooney, Jasmine Tygre and Sara Garton were present. Staff in attendance
were David Hoefer, Assistant City Attorney, Chris Bendon, Stan Clauson, Mitch
Haas, and Stephen Kanipe, Community Development and Jackie Lothian, Deputy
City Clerk.
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Bob Blaich informed the commission that city council approved the Snyder
project review with some points being reconsidered. He said 2 council members
had questions to be addressed before the second reading. Stan Clauson noted
second reading was 07/27/98. Jasmine Tygre questioned the incentive for the
applicant to make the changes if the approval had already been given. Chris
Bendon, staff, replied that it had not been given; city council had first reading on
consent with many questions raised. The second reading and public hearing will
determine the decision. Story poles have been placed on the property. Blaich
recommended the commissioners go up and look at the property; it's a beautiful
piece of property. Roger Hunt asked if there would be another site visit; to look at
the lower corners from the garages to the back units. Clauson answered that could
be arranged and all the buildings were staked out. Blaich replied that the story
poles, you can see the corners.
Sara Garton inquired as to the August 18, 1998 meeting. Clauson said if it would
be a light meeting; the commission could declare a holiday. The commission
noted they have made their plans around the regular meetings.
Garton asked if the planning staff could direct the public to the proper parties;
much time would be saved. Clauson answered they would work on the
communication, but did not think commissioners names could be withheld. David
Hoefer agreed, but the phone numbers could be withheld. Garton clarified that
Stan's point on communication was what she meant. Chris Bendon said if they
had received a public notice, the planner's name and phone number was included.
Hoefer stated that ethics would be discussed with the committee at a later date; it
was important to realize that nothing be discussed with applicants or the public
outside of a public meeting, as a general rule.
Clauson said there was a search through the code for what had been approved or
permitted on the Apex (formerly Westec) signs by Sara Thomas. She did not find
ASP SIO\ TJLY 21.1998
evidence of approval in the code and sent a notice to Apex informing them that the
signs were not permitted. She gave them 30 days to cure the situation. He said it
would be to either remove the signs or initiate a land use process to permit signs in
some manner. Hunt inquired about the west end inventory list of westec and apex
signs that he sent to Julie Ann Woods. Hoefer responded that they looked at signs
in the right -of -way for him. The signs were moved from the right -of -way. He
said the signs will have to be taken down or begin processing a code amendment.
Clauson stated that Julie Ann Woods gave her notice; Community Development
will be recruiting for a Deputy Director. Chris Bendon and Mitch Haas passed
their American Institute Certified Planners examination.
Norma Dolle, public, stated Apex put a sign up on her fence and had no idea why
it was there.
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There was no conflicts of interest disclosed.
'uii►`1I11Y9I.
MOTION: Roger Hunt moved to approve the minutes from 2 June,
1998. Bob Blaich second. APPROVED 6 -0.
The order of the agenda was changed due to applicants not present at the time.
PUBLIC HEARING:
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Mitch Haas, Staff, said copies of the proposed amendment were sent to
representatives from the industry and he received comments from them. He
incorporated those changes into the proposed amendment. There were more
revisions, basically taking out what was regulated elsewhere in the code; placing
everything in one section. Haas said if an applicant did not agree with community
development decision, then the applicant could appeal to P &Z. If in the
downtown core or in a historic structure or district, the decision would not be
administrative but would go before HPC and Council.
FA
David Hoefer stated this was a preventive type of legislation, for control by the
city. He noted this was a major problem on the front range; the reason behind this
ordinance. He said Mitch has done a good job, especially since it was so
technical. Haas commented that it was also important for the county to do an
amendment like this one. Sara Garton asked if the leases with private parties were
reviewed by staff. Haas replied not the lease but the design and set -up. Hoefer
said it would apply to zoning in particular.
Haas said that each company (provider) has land use planners on staff to deal with
local government regulations. Hunt asked if CDOT's weather station at Cemetery
Lane would come under this amendment. Haas replied that it would not because it
was CDOT and the state right -of -way. Clauson said it was specifically exempt
from the code under essential public facilities and worked with them for obtaining
a good traffic count.
MOTION: Bob Blaich moved to recommend to Council the adoption of
the proposed amendments to the Aspen Land Use Code concerning the
Wireless Telecommunications Service Facilities and Equipment, as
described in the staff memorandum dated July 21, 1998. Roger Hunt
second. APPROVED 6 -0.
PUBLIC HEARING:
Chairwoman Sara Garton requested proof of notice from the applicant. David
Hoefer stated for the record, the notice was adequate; the board had jurisdiction to
proceed. Chris Bendon stated that this was a conditional use review for an ADU
in an existing space above a garage. The ADU would be 815 square feet which
was a little larger than the prescribed standard for an ADU. The applicant was not
requesting a FAR bonus or any other development on the property. He said the
plans submitted did not show a kitchen or bathroom; the conditions reflect that
request. Parks requested the lights be re- directed away from the river.
Hoefer provided an action sheet with the applicable standards for conditional use.
Glenn Horn, planner for applicant, stated that there would not be any new exterior
construction. Garton asked why the owner came forward at this time. Horn
answered that they just purchased the duplex after renting it for many years. They
may apply to re- develop the duplex into a single family home in the future.
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The conditions were discussed and amended as reflected in the motion. Garton
requested staff and engineering get together to discuss some of the conditions
which do not apply; Tygre concurred. Mooney inquired about the hours of
construction.
MOTION: Roger Hunt moved to approve the Condition Use for an
Accessory Dwelling Unit at the Elden Residence, 727 Bay Street, finding
the standards have been met with the following conditions: 1. The
Commission varies the ADU dimensional requirements to allow this larger unit of
approximately 815 square feet. 2. Prior to the issuance of any building permits the building
plans shall reflect: A. that the proposed ADU is labeled as such and meets the definition of
an Accessory Dwelling Unit. B. that the ADU will contain a kitchen (having a minimum of
a two- burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer)
and a bathroom (having a minimum of a shower, sink, and a toilet). C. that there is a
signed and recorded ADU deed restriction on the property, a form for which may be
obtained from the Housing Office. The deed restriction shall be noted on the building permit
plans. D. that the ADU has the minimum one (1) off - street parking space provided. The
ADU space must have clear access and cannot be stacked with a space for the primary
residence. E. that the ADU meets all applicable UBC requirements for light and air. 3.
Prior to issuance of a Building Permit, the building permit plans shall identify a 5 ft wide
pedestrian space along Bay Street, the applicant shall execute a curb, gutter, and sidewalk
agreement, and the applicant shall execute an agreement to join any future improvement
districts for the purpose of constructing improvements which benefit the property under an
assessment formula. 4. Prior to issuance of a Building Permit, the applicant shall gain
approval from the City Water Department for any additional service improvements
required. 5. Prior to issuance of a Certificate of Occupancy, the Housing Office and /or the
Zoning Officer shall inspect the accessory dwelling unit for compliance with all appropriate
standards in Section 26.40.090 of the Code and any conditions of approval. 6. Both the
ADU and the principal residence shall be able to function as separate living units. Each
shall have an entrance and access to individual mechanical equipment for the respective
unit. 7. All outside lighting shall be downcast and not used to accentuate architectural or
landscape elements of the property. The existing outdoor lights on the river -side of the
duplex shall either be removed or re- directed away from the river. The owner shall not
plant any non - native vegetation along the stream. 8. A tree removal permit from the City
Parks Department shall be required for the removal or relocation of trees as per Section
13.20.020 of the Code. 9. Prior to issuance of a building permit, the applicant shall
complete a tap permit and shall pay all connection charges due to the Aspen Consolidated
Sanitation District. The applicant shall connect the ADU to the sanitary sewer in a manner
acceptable to the ACSD superintendent. 10. Prior to issuance of a building permit, the
applicant shall obtain a permit from the Environmental Health Department for any
certified woodstoves or gas log fireplaces (new coal- & woodburning fireplaces are not
allowed). 11. All utility meters and any new utility pedestals or transformers must be
installed on the applicant's property and not in any public right -of -way. Easements must
be provided for pedestals. All utility locations and easements must be delineated on the site
improvement survey. Meter locations must be accessible for reading and may not be
obstructed. 12. The applicant must receive approval for any work within public rights -of-
way from the appropriate City Department. This includes, but is not limited to, approval
for a mailbox and landscaping from the City Streets Department. 13. The applicant shall
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abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m.
and 10 p.m. 14. Before issuance of a building permit, the applicant shall record this
Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the
applicant may pay this fee to the City Clerk who will record the resolution.
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. Jasmine Tygre
second. APPROVED 6 -0.
The agenda items were adjusted as reflected.
PUBLIC HEARING:
Mitch Haas, staff, provided proof of notice to the Assistant City Attorney, David
Hoefer. After review of the notice, Hoefer gave the commission jurisdiction to
proceed with the hearing. He distributed the Action sheet for review standards.
Haas said the lot was currently vacant and the request was for 2 ADUs; one for
each side of the duplex that would be built. The ADUs would provide the GMQS
exemption, but there was no FAR bonus requested. The applicant would
understand the deed restriction with the housing office and be limited to RO; if left
vacant the units would not be filled by the housing office. Haas said the ADUs
would each be about 460 square feet with their own kitchen; off street parking
would be in the driveways off the alley. There were existing non - conformities;
the code allows existing non - conformities to remain with replacement of a torn
down building within 12 months. The non - conformities were the open space and
setbacks. Neighbors requested the ADUs do not receive guest parking permits for
on- street parking; not to add to the parking problems in that neighborhood.
Haas stated there were variance requests for the volume standard on all of the
front elevations and east elevation of unit `B ". The site plan indicated the alley
window violated the volume standard.
Garton asked Alice Davis, planner for applicant, to explain the variance requests.
Davis replied that they met the standards of the conditional use. She said that she
understood the neighbors concerns with parking problems but if the units were
rented, they should have parking permits. Garton asked if the parking permits
would be issued even if the ADUs were not rented. Hoefer commented that as a
ASPEN PLANNINGYLONING COMMISSION JULY 21, 1998
practical matter, it would be difficult not to issue the permits or be enforceable as
a condition. Garton stated it was just another impact on the community.
Ron Kanan, applicant, said the volume variance was really a window height
problem. He said this was facing the alley and did not see what would be
accomplished by filling in the gable with siding rather than glass. Kanan said the
house across the street already had a height restriction on them; which puts the
building pretty low. He said this discourages dormers which break up the mass
and scale. Davis said the height constraint would make it a site constraint.
Bob Blaich said this was an example of where the original intent doesn't work,
street facing with giant facades and monster homes. He said there were two sides
here, and by approving this, others will want the same approval. Blaich said you
have to be very clear on site specific but was in favor of this.
Tim Mooney said the southern windows were not bad in relation to where the
property was located in town. He said the big triangular windows that are lit up at
night are the biggest problems. He asked if the alley went down into the garage.
Kanan replied that the drive way went down less than a 12% grade. Mooney said
the ADUs are below the garage, that makes them a story and a half below grade.
He asked if there was a way to get light to the ADUs. Kanan replied that since
they were in the courtyard, there was some light through the doors. Mooney said
there was only one outside egress and the ADUs were marginal as livable units.
Haas noted UBC standards would be met.
Stephen Kanipe, building department, said the floor plan shows the unit as a
studio; the egress meets the minimum requirements for a studio. He said the 10%
light requirement was calculated by the side light to livable space. Kanan stated
that he was anxious to get approval because he couldn't get a building permit until
this was complied with. He asked if he could re- design and come back.
Garton explained that the commission would rule on the entire project. Jasmine
Tygre questioned the FAR and questioned obtaining a GMQS exemption for non -
habitable ADUs. Haas replied that only the exposed square footage of the ADUs
counted toward the FAR. Tygre questioned anyone ever being able to live in the
units and felt these were not what the commission wanted from an ADU. She
agreed with reviewing a new design.
Marta Chaikovska asked if it was redesigned to allow more light, could the
applicant just go back to staff for approval of that design. Haas answered that the
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ADUs were not optioned by cash -in -lieu; based upon standards of rental. Haas
noted that the units would be sold, then the ADUs may not be rented. Garton did
not want a condition for a sign off adding 20% light; she wanted to see the re-
design. She noted the entrance from the house was questionable. Davis said that
the doors were being re- worked; the applicant wanted to get approval to begin the
building permit process. Kanan said he was just playing by the rules the best he
knew how. Garton reminded him that this was a conditional use, if it met the code
it would have been a sign -off at staff level. Kanan said he can't control if the
ADUs will be rented. Blaich agreed with the light and ventilation concerns.
Hoefer stated that the criteria must be met; clearly some of that criteria was not
met. Hunt said he was skeptical about the plans, and would like to see a re- design.
Norma Dolle, public, said she was affected by this because it was next to the Snow
Queen Lodge. She asked how many bedrooms each side of the duplex would
have. Davis responded 3 bedrooms each plus 2 studio ADUs. Dolle noted many
parking problems with the Mouse House and the new duplexes in the narrow
alley. She asked about the beautiful trees. Kanan answered they would be
relocated off the property. Dolle inquired about lights to get into the garage and
the density of 4 units on that property. Garton said lights would have to fit the
residential lighting requirements. Davis stated this was a multi - family zone
district; the project could have been larger. The applicant, staff and commission
began re- designing the ADUs. Hoefer noted this was not a worksession. Garton
stated that the building department and community development needed to review
first. Haas noted the dimensions may change the FAR. Chaikovska wanted to go
forward.
MOTION: Roger Hunt moved to continue the public hearing to August
4, 1998 on 123 East Hyman, duplex conditional use review for 2 ADUs
to re- design. Tim Mooney second. APPROVED 5 -1. ( Chaikovska, no).
MOTION: Tim Mooney moved to waive the volume, primary mass and
inflection from the Residential Design Standards from the Community
Development memo dated July 21, 1998. Bob Blaich second. ALL IN
FAVOR. 5 -0. (Tygre out of room).
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Chris Bendon, Staff, provided notice but needed to supply the list noticed. David
Hoefer, Assistant City Attorney, stated the list needed to be received in the City
Clerk's Office by 5:00 p.m. Wednesday. (This list was received by the Deputy
City Clerk.) Bendon stated the existing house was on a 3,000 s.f. lot. The owner
applied for a conditional use for an ADU and design waivers for volume, primary
mass and inflection standards.
Bendon said the volume standard referred to the window standards; between 9 and
12 feet above the floor for which there was a FAR penalty. The primary mass
referred to how much the structure was broken up; different components for which
there also was a FAR penalty. The reflection standard dealt with how the structure
related to the adjacent 1 story structures.
Bendon said the 360 s.f. ADU was located below the garage; accessed off the alley
with no parking space provided. The ADU has it's own entrance. The parking
standards require 1 parking space per ADU but allow the applicant to seek a
waiver of that space through the conditional use process. Staff did not recommend
that the parking or residential design standards be waived. Bendon stated the
conditions of approval reflect meeting those design standards and providing the
parking requirement. The conditions also reflect providing a sidewalk.
Bendon stated many people were concerned about the noise; the construction
hours 8:00 a.m. - 6:00 p.m. would apply because of the location. The construction
site requirements also apply to the contractor for fencing and parking on site.
Chairperson Sara Garton asked Bendon to address the Hubbard's letter regarding
the easement. Bendon stated the property next door, a small Victorian, with a
shared easement with the fence on the property line. There were certain
requirements for the fence maintenance, and that the fence not be moved. Bendon
said this was a private covenant; the city doesn't have jurisdiction to enforce. He
noted there was no physical way the fence could remain in the present condition
during construction. Bendon stated the fence coincided with the setback.
Jasmine Tygre inquired if the ADU was for mitigation or voluntary. Bendon
replied it was for a GMQS exemption which was prompted by the demolition of
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the existing unit. Tygre stated that with ADUs, it was important for the
commission to know if they were voluntary or for mitigation, because it affects the
decision making process. Garton requested that staff include that information in
future ADU review memos. Bendon said there was a condition for the ADU to
function separately with it's own mechanical room.
Bendon explained the volume standard addressed windows between 9' to 12'
which results in an FAR penalty. The applicant does have windows that were
above the 9' plate height in all four elevations. The three conditions used to allow
the residential design standards are: TO finding that it was in greater compliance
with the AACP O a more effective method of addressing the standard in question
O clearly necessary for reasons of fairness related to site specific constraints.
These windows were transom windows not addressing any of the standards. Bob
Blaich requested the windows in question be marked on the bluelines.
Bendon explained the primary mass standard was to encourage breaking up the
mass. The new code asked for 10% of the FAR in a separate structure.
Bendon stated the intent of the inflection standard encouraged the portion of the
property adjacent to a one story structure; the requirement was to "step- down" or
be reflected in your development. This was so adjacent properties were not over-
shadowed or buried by new development.
Bendon said the parking requirement for the ADU was one space unless waived
by the P &Z; stacking a parking spot does not meet the standard.
Ryan Hoffner, representative for applicant, introduced Sunni Simpson, applicant.
He said section 26.32.020 of the code does not have a requirement for stacked
parking regarding unobstructed access to the alley. They requested Stan Clauson
reply by letter regarding the interpretation for additional ADU parking. He said
the existing house has no parking; the proposal included 2 more spaces off street.
Hoffner and Bendon discussed the mass with regards to rooflines and windows.
Hoffner stated the lot being as narrow at 20' and the windows broke up the wall
plane of the mass with high light at 12', therefore more appropriately addressed
the standard. He said that the 12' deep front porch element was across the facade
addressed the street pedestrian level rather than the side of the existing house.
Hoffner said the trees between the lots would cover any one story element;
unfairness due to site constraints would apply because the 12' setback of one story
element, leaving the space unusable.
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Garton asked about the sidewalk requirement regarding a rolled curb with the
trees. Bendon replied the trees were more important than the sidewalk. Hoefer
stated that the recommendation should be that he trees be preserved.
Public comments:
Stephen Kanipe, 1015 East Hyman, spoke as a neighbor of this project. He said
that he lived in a deed restricted unit without off - street parking; he felt this was a
hardship, especially in the peak seasons. Kanipe noted the impracticality of
stacked parking. He said that due to the mass of the building, on site containment
was not practical. There would have to be a right -of -way permit processed even
for a construction trailer there. Kanipe opposed the window variances on the
Hyman Street side (south elevation) and Victorian House side (west elevation).
He noted the reconstruction in the last few years has relocated trees of similar size
in this neighborhood and he encouraged the requirement of the sidewalk.
Mike Hoffman, attorney for the Hubbards, 920 East Hyman, submitted three
photographs as exhibits into the record. He said the Hubbards residence was on
the historic inventory but not landmark. He said Mr. & Mrs. Hubbards object to
the plan and waivers to the guidelines. Hoffman stated the applicants proposal
was a monster house for this lot and does not fit into the scale of the
neighborhood. It will make the Hubbard home seem to be in a tunnel; reducing
the open feel of the property. Hoffman said they opposed the ADU application as
submitted for lack of adequate parking and the negative impact on the fence and
easement. He said the proposal was within 4 square feet of the maximum FAR
allowed without the penalty for the design variance requested. He said the
inflection standard was intended to protect homes like the Hubbards from monster
homes. Hoffman stated the plans would not leave enough room for emergency
personnel; given the window wells and door to the ADU. He agreed with the
Aspen East Homeowners Association that the plan was impractical. He noted that
in 1995 the Hubbards negotiated the easement with the owners binding all
successors to the 5' wide easement with a wooden fence. He said the plans show
the proposal was within inches of the easement and snowfall would be directed
form the proposed building to the easement. He concluded that the technical
terms that just mean the house was too big for the lot and neighborhood. He urged
the commission to adopt the staff recommendation.
Garton commented the commissioners had two parts for consideration: OO
conditional use for an ADU with the waiver of off - street parking and O design
waivers requested.
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Sunni Simpson said after living in that house for a year with two other people;
they have never had a problem parking on the street even through busy seasons.
Blaich stated the proposed parking was not practical; another solution needed to
be addressed without waiving the parking for the ADU. Tygre agreed with Blaich
on the parking. Hunt also agreed, and was confused about residences with ADUs
considered duplexes. Chaikovska concurred. Mooney also agreed that the plan
was not adequate because an emergency extraction for the ADU would not work
with the parking proposal. Garton also agreed that the commission would deny
the ADU based upon inadequate parking. She said they would not serve the
community by parking on the street in a very crowded neighborhood.
Blaich said the window was not a problem with the neighborhood. He stated the
overall design of the house was massive. He had concerns about snow falling
from the roof onto the next door house and viewed that as a safety problem.
Tygre agreed the windows were not the main problem; the primary mass and
inflection standards were not met by this design. She said the design ignored the
size of the lot and felt it was an unattractive design. Garton supported the other
commissioners view. She noted there were site constraints therefore that building
should have reflected respect for that site. Hunt agreed the windows were not a
problem and practical for natural ventilation. He said the basic bulk of the house
was too big and the easement should be honored by this proposal. Chaikovska
concurred with all of the comments. Mooney agreed and could not support any
variances on this project. He said to keep the FAR in scale with the neighborhood.
MOTION: Jasmine Tygre moved to deny the conditional use for an
Accessory Dwelling Unit at the Simpson Residence, 940 East Hyman,
because the applicant cannot demonstrate adequate parking for the use
and moved to deny the request to vary the Residential Design
Standards for the project because it doesn't meet the standards. Roger
Hunt second. MOTION TO DENY APPROVED 6 -0.
Meeting adjourned at 7:25 p.m.
P.1,2i LC�Qn
ckie Lothian, Deputy City Clerk
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DISCLOSU _ • • • ►
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Sara Garton opened the regular Aspen Planning and Zoning meeting at 5:35 p.m.
following the joint City /County Planning Commissions discussion on Burlingame.
Commissioners Bob Blaich, Steve Buettow, Marta Chaikovska, Sara Garton,
Roger Hunt, Tim Mooney and Jasmine Tygre were present. City Staff in
attendance were: Chris Bendon, Stan Clauson, Mitch Haas, Community
Development, David Hoefer, Assistant City Attorney, and Jackie Lothian, Deputy
City Clerk.
Bob Blaich said that Adam Walton requested the delivery truck loading and
unloading during the night be stopped. Blaich asked where this case should be
presented. David Hoefer responded that Adam Walton was meeting with CCLC
tomorrow morning. John Stan-, CCLC member, said the issue of delivery trucks
has been discussed and Walton was on the agenda.
Tim Mooney said he was asked to bring up the bottle neck problem that the trailer
in front of the ISIS has created along with valet parking. He said neighborhood
contractors have to mitigate for parking and how can a dumpster the size of that
trailer reside in the alley. Blaich said he was surprised the fire department had not
taken action on this problem and felt it was a public hazard. Mooney said it limits
the fire trucks to only go out one way. Sara Garton supported the comments and
agreed the trailer could be on the pad until excavation began.
Mooney asked staff to re- examine their position on the Snyder approval
recommendation relating to ordinance 30 without street presence in the project.
He said allowing the city as the applicant to build without compliance of the
municipal code will hurt the city in the long run. He said we ask other projects to
re- design and comply with street presence while this project was designed with
garages and the backs of houses facing the street. The dirt excavated from the
pond was used as a feature. Garton reminded the commission that Snyder goes
before council on 08/10/98. Jasmine Tygre agreed with Mooney and has been
very unhappy with the comments from P &Z not being taken by the applicant.
Blaich concurred. Mooney stated the essence was that Parks felt priority; then
Housing felt priority and the code was put in the back seat. He said they were
trying to fit a project that did not work with the code into an approval process; it
should have met the codes needs first.
Garton complimented the Parks Building project; it was very attractive. Hoefer
agreed that it was an excellent project. Bendon said the comments would be
passed onto Parks and Gibson Reno.
Jackie Lothian, Deputy City Clerk, stated that council wanted to meet with P &Z
for breakfast or lunch; choose a few days that the commission could meet in
September. Bob Blaich asked what would be on the agenda; who will prepare the
agenda. Hoefer commented that the last time council met with the commission,
they had questions and issues. He said they should prepare a list individually or
collectively.
Mitch Haas said council would like a joint meeting to begin at 4pm on 9/1/98 for
the Aspen Mountain PUD. Garton said following that discussion would be the
music tent. Bob Nevins clarified the 9/1/98 date for small lodge was the deadline
for applications.
Garton asked Nevins to explain his current position. Nevins answered that he
would follow through with DEPP and bring forward city affordable housing
projects; 80% of his time spent would be with the housing authority projects.
Blaich stated that if Nevins does as good a job as he did with DEPP; affordable
housing will benefit. Garton introduced Stephanie Millar, senior long -range
planner, for the Community Development Department. Millar invited the
commission to appoint 2 members to the over -sight committee for the AACP up-
date. Garton and Buettow said they would attend those meetings. Millar said that
she moved from Portland, Oregon.
Bendon distributed the agenda for the Historic Preservation Symposium all day on
Friday and Saturday morning. The Iselin Park plan was scheduled for a
worksession with Council and Parks on August 17th at 5pm. Tygre noted that
sometimes before P &Z reviews proposals; they have already been partially or
completely negotiated. She noted there were channels to be followed. Tygre
stated that many of the commissioners did not have the luxury of going to
meetings, if not on Tuesdays, especially if they did not know about them in
advance. Hoefer noted that was a legitimate concern to bring up at the Council
lunch meeting. Bendon said there were times between regular meetings.
Bendon said the Music Tent would be coming for an SPA amendment, a P &Z
process then onto Council. He said there would also be a recommendation from
HPC. Mooney asked for a copy of the original PUD proposal before that meeting
for review. Blaich agreed.
I - WOWNUM19porr"I 4 �4 11118WRIM, I -
Bendon stated the Pole House (former Paepcke) had made a representation of dry
laid stone for the low wall; now they want to replace the dry laid stone with a pre-
cast concrete to better suit their design. Garton requested this be shown to ACES;
which she disclosed she was a trustee of ACES. Buettow said manufactured stone
was quite different than natural dry stack stone and desired the natural over the
concrete. Bendon also expressed that to the owners. The commission concurred
the owners must abide by their representations and could appeal if necessary.
DISCLOSURE OF CONFLICTS OF INTEREST
No commissioners disclosed any conflicts.
I�JJ►1i�
MOTION: Roger Hunt moved to adopt the minutes from June 16, 30
and July 7,1998. Jasmine Tygre second. APPROVED.
CONTINUED PUBLIC HEARING (07/21/98):
WN111XV3 8 of via F.11IM81110M V 0 LIMM 1' .
Sara Garton, Chairperson, opened the continued public hearing. Chris Bendon,
staff, explained that he was presenting for Mitch Haas. He said the applicant
applied for conditional use approval for 2 ADUs which were reviewed two weeks
ago; continued to today. P &Z requested the design provide more light
(accomplished with 2 sky lights above the kitchen and living areas in each unit)
and the interior passage ways blocked off. He said there was a condition of
approval for no interior connections to the ADUs.
John Starr, public, stated he was head of the Good Thunder Condos adjacent to
this property. His concern was the parking situation for the ADUs. Starr noted
the major parking problems in Aspen and an abuse of guest parking passes. He
requested no guest parking passes be issued and only one parking spot for each
ADU be allowed for this particular property.
Rita Rassmussen, public, stated she lived to the west of this property. She
concurred with John Starr on the parking problems. She voiced concern regarding
the variances which allowed building to the maximum; not having to adhere to the
setbacks. Rassmussen noted they were loosing a lot of privacy because of the
angle of the balcony and tree removal. She commented that many trees have been
planted on their property and hoped that they would not be damaged by the
construction. She said there was a sprinkler line torn up by the demolition which
they promised to repair. Rassmussen inquired as to the fence height restrictions.
Bendon replied 6'. Rassmussen asked what could be done to obtain a higher
fence. David Hoefer, Assistant City Attorney, replied they could go to the Board
of Adjustment. She questioned how the previous house was T /z` from the property
line and the new one could be 5' from the property line.
Garton explained the
tries to do the best community planning as
possible to include affordable housing and smaller houses. She said the concerns
about the trees can be addressed in the conditions.
Roger Hunt asked if there was an expansion of a non - conformity. He said he
hoped that the code revisions regarding voluntary demolition would be done soon.
Bendon responded if the commission wanted staff to address the code issue; a
resolution needed to state the opinion of the commission.
Ron Kanan, representative for applicant, stated there were no expansions past
what was already existing. He said there was no foundation where there was not
one prior. Bendon stated the non - conforming standard was very literal within the
3- dimensional envelope; the same heights. Alice David, planner for applicant,
stated there was an 18'/:` stretch on the east side that was being replaced with non-
conformity, the rest were being eliminated in the set -back. Garton noted concern
for the loss of 6 year old spruce trees by a neighbor. Rassmussen said the trees
were over 6 years old; the excavation was up to the root line. Kanan stated the
tree issues were conditioned in the tree excavation permit; you cannot kill a
neighbor's tree. Blaich stated the neighbor wanted reassurance that any trees that
died would be replaced. Garton and Hoefer noted condition #3 covered the tree
issues. Hoefer said the approval for a conditional use must be consistent with the
AACP and have minimal impacts on parking. Tygre asked if the ADUs were not
rented; the owner could obtain the extra parking permits, therefore the condition.
Hunt wanted to add a condition that there would be no guest ADU parking hang
tag. Blaich concurred.
Garton asked the applicant if the conditions were accepted. They were accepted.
MOTION: Roger Hunt moved to approve the Conditional Use for the
proposed two (2) below -grade Accessory Dwelling Units containing
approximately 480 square feet each and attached to the corresponding
residences on 123 East Hyman, Aspen, with the Community
Development Memo dated July 21, 1998 conditions as follows: 1. Prior
.51W1111,111KIM 1E
to the issuance of any building permits the applicant shall: a. Verify with the Housing
Office that the net livable floor area of each Accessory Dwelling Unit will be between
300 and 700 square feet, and the units shall be totally private, having private entrances
and no rooms (i.e., mechanical rooms, etc.) that might need to be accessed by people in
the principle residences; b. Verify with the Housing Office that each ADU will contain
a kitchen having a minimum of a two- burner stove with oven, standard sink, and a 6-
cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and
recorded Deed Restriction, a copy of which must be obtained from the Housing Office,
for each of the two ADUs; d. Clearly identify the Accessory Dwelling Units (ADUs) on
building permit plans as separate one - bedroom units; e. Provide a minimum of one
off - street parking space for each ADU, and indicate these designated parking spaces on
the final plans; f. Install any new surface utilities requiring a pedestal or other above
ground equipment on an easement provided by the property owner and not within the
public rights -of -way; g. Locate any additional proposed construction, including trash
facilities, in such a way that it does not encroach into an existing utility easement or
public right -of -way; h. Agree to join any future improvement district(s) which may be
formed for the purpose of constructing improvements in adjacent public rights -of -way;
the agreement shall be executed and recorded concurrently upon approval of this
application; i. Submit working drawings to verify all height, setback, and floor area
calculations, as well as lot size and lot area calculations; j. Complete and record a
Sidewalk, Curb & Gutter Agreement; k. A tap permit(s) must be completed at the
office of the Aspen Consolidated Sanitation District; payment of the total connection
charges shall be made prior to the issuance of a building permit; 1. If the building is
found to contain 5,000 square feet or more of living area, approval and installation of
an automatic fire suppression system will be required; m. Verify that the proposed
plans for the ADUs will comply with all UBC requirements including but not limited to
those addressing natural light and ventilation standards, as well as sound attenuation
walls between each ADU and the principal residences; and, n. Submit building permit
drawings which indicate all utility meter locations; utility meter locations must be
accessible for reading and may not be obstructed by trash storage. The plans must also
indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for
snow storage. 2. Prior to the issuance of a Certificate of Occupancy (CO), the
applicant shall: a. Submit as -built drawings of the project showing property lines,
building footprint, easements, any encroachments, entry points for utilities entering the
property boundaries and any other improvements to the Aspen/Pitkin County
Information Systems Department in accordance with City GIS requirements, if and
when, any exterior renovation or remodeling of the property occurs that requires a
building permit; b. Install sidewalks, curbs, gutters, and a five (5) foot wide buffer
space between the walk and curb, meeting the standards of the City Engineering
Department; the existing driveway curb cut must be removed and replaced with full
height curb and gutter; and, c. Permit Community Development Department,
Engineering and Housing Office staff to inspect the property to determine compliance
with the conditions of approval. 3. In the event required, the applicant must receive
approval from:
• The City Engineer for design of improvements, including landscaping, within public
rights -of -way;
• The Parks Department for vegetation species, tree removal, and /or public trail
disturbances;
• The Streets Department for mailboxes and street cuts; and,
The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights-of-way. 4. Prior to the
issuance of any building permits, a review of any proposed minor changes from the
approvals, as set forth herein, shall be made by the Planning and Engineering
Departments, or referred back to the Planning and Zoning Commission. 5. The
applicant shall provide a roof overhang or other sufficient means of preventing snow
from falling on both the stairway leading to the doors and the area in front of the doors
to the ADUs; sufficient means of preventing icing of the stairway is also required. 6.
Prior to the issuance of any building permits, any needed tree removal permit(s) must
be obtained from the Parks Department for any tree(s) that is /are to be removed or
relocated (including scrub oaks of three (3) inches or greater); also, no excavation can
occur within the dripline of the tree(s) to be preserved and no storage of till material
can occur within this /these dripline(s). 7. The site development must meet the runoff
design standards of the Land Use Code at Section 26.88.040(C)(4)(t), and the building
permit application must include a drainage mitigation plan (full size - 24" x 36 ") and
report, both signed and stamped by an engineer registered in the State of Colorado. 8.
The ADUs shall not be entitled to any on- street guest parking passes. Primary on- street
parking passes for the ADUs will be permitted only if the units are rented. 9. There
shall be no interior connections or doorways between either of the ADUs and either of
the principal residences. Going from one ADU to the other, or from one ADU to either
of the principal residences shall require going outside the building(s). 10. All material
representations made by the applicant in this application and during public meetings
with the Planning and Zoning Commission shall be adhered to and shall be considered
conditions of approval, unless otherwise amended by an entity having authority to do
so. Jasmine Tygre second. APPROVED 6 -0. (Buettowabstain)
Mooney asked about snow -melt. Kanan responded that would be done for the
drainage from the roof. Mooney thanked the applicant for turning the
commission's observations into practical architecture.
MOTION: Roger Hunt moved to direct Community Development Staff
to propose an ordinance to deny re- construction with non - conformities
for voluntary demolition of a non - historic structure with non -
conformities. Jasmine Tygre second. APPROVED 6 -0.
MOTION: Roger Hunt moved to remove the public hearing for 735 W.
Bleeker St., for Landmark Designation, Conditional Use and Special
Review from the agenda because of failure to properly notice.
APPROVED 7 -0.
Meeting adjourned at 6:45 p.m.
lzckie Lothian, Deputy City Clerk
L
MEMORANDUM
To: Mitch Haas, Planner
Thru: Nick Adeh, City Engineer
From: Chuck Roth, Project Engineer OF—
Date: July 7, 1998
JUL 0 19;%8
Re: 123 E. Hyman Street (sic) Conditional Use for Two Accessory Dwelling Units
(123 E. Hyman Avenue)
The Development Review Committee has reviewed the above referenced application at their June
17, 1998 meeting, and we have the following comments:
1. Sidewalk. Curb & Gutter - Prior to issuance of a certificate of occupancy, sidewalk must be
installed with a 5' buffer space to the curb, and any damaged or sub - standard sections of curb and
gutter must be replaced. The driveway curb cut must be removed and replaced with full height curb
and gutter.
2. Drainage - The existing City storm drainage infrastructure system is sub - standard and cannot
adequately convey storm runoff. The site development approvals must include the requirement of
meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement
that the building permit application include a drainage mitigation plan (24 "06" size plan sheet or
on the lot grading plan) and a report signed and stamped by an engineer registered in the State of
Colorado, submitted as part of the building and site plan, as well as a temporary sediment control
and containment plan for the construction phase. If drywells are an acceptable solution for site
drainage, a soils report must be provided with percolation test to verify the feasibility of this type
system. Drywells may not be placed within utility easements. The foundation drainage system
should be separate from storm drainage, must be detained on site, and must be shown on building
permit drawings.
3. Trash & Utilities - All utility meters and any new or relocated utility pedestals or transformers
must be installed on the applicant's property and not in the public right -of -way. For pedestals,
easements need to be provided. The building permit drawings need to indicate all utility meter
locations. Meter locations have to be accessible for reading and may not be obstructed by trash
storage.
If the residences are anticipated to be condominiumized, separate utility services and meters
should be provided.
, -I
4. City Electric - If the transformer needs to be upgraded, the applicant must pay the cost. The
transformer for the block is located on the adjacent parcel with an unusual easement configuration.
Prior to issuance of a building permit, the applicant must meet with the City Electric Superintendent
to determine if the size of the existing transforrher is adequate. It may be necessary for the
applicant to dedicate a 5' wide access easement to the transformer or to relocate the transformer to a
location adjacent to the alley with a new easement.
5. City Parks Department - If tree removals are planned, a permit must be obtained from the City
Forester. Construction fencing must be installed at tree drip lines to protect them during
construction.
6. Housing Authority - It is not clear from the plans that were submitted if the UBC natural light
requirements have been met.
7. Other - The design must provide for protection against snow shedding onto the ADU stairs.
There must be sound attenuation between the ADU's and the primary residences.
8. Height Restriction - Note that the Schedule B of the title commitment indicates a Declaration
of Height Restriction recorded at Book 549, Page 169.
9. Fire Code - The applicant must meet with the Fire Marshal in order to determine if sprinkling
the buildings will be required.
10. 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 must receive approval from city engineering (920 -5080) for design of
improvements, including landscaping, within public rights -of -way, parks department (920 -5120)
for vegetation species and for public trail disturbance, and streets department (920 -5130) for
mailboxes , street and alley cuts, and shall obtain permits for any work or development, including
landscaping, within public rights -of -way from the city community development department.
DRC Attendees
Staff: Chris Bendon, Mitch Haas, Bill Earley, Cindy Christensen, John Krueger, Chuck Roth
Applicant's representative: Alice Davis
98MI56
2
SUN 18 '98 02 :26PM ASPEN HOUSING OFC P.1
e
MEMORANDUM
TO; Mitch Haas, Community Development Dept,
FROM: Cindy Christensen, Housing Office
DATE: June 18, 1998
RE: 123 E. Hyman ADU Conditional Use (2 units)
Block 09, Lots E & F, Aspen Original Townsits, Parcel ID No.
RE[]t IFCT; The applicant is requesting approval for two accessory dwelling units to be located
below a garage attached to a duplex structure.
BACKGROUND: According to Section 28.40.090, Accessory Dwaliing Unft, a unit shall
contain not less than 300 square Beet of net livable area and not more than 700 square feet of net
livable area.
ISSN: When the Housing Office reviews plans for an accessory dwelling unit, there are
particular areas that are given special attention. They are as follows:
1. The unit must be a totally private unit, which means the unit must have a private entrance
and there shall be no other rooms In this unit that need to be utilized by the individuals in
the principal residence; i.e., a mechanical room for the principal residence.
2. The kitchen includes a minimum of a two -bumer stove with oven, standard sink, and a 5-
cubic foot refrigerator plus freezer,
3. The unit is required to have a certain percentage of natural light into the unit; i.e,, windows,
sliding glass door, window wells, etc., especially if the unit is located below grade. The
Uniform Building Code requires that 10% of the floor area of a unit needs to have natural
fight Natural light is Mined as light which is dear and open to the sky.
4. Should the unit be used to obtain an FAR bonus, the unit MUST be rented to a qualified
employee.
5. A deed restriction MUST be recorded PRIOR to building permit approval. The deed
restriction shall be obtained from the Housing Office.
RECOMSI1ENDATION: After reviewing the plans, the Housing Office as a concern on whether the
units comply with the natural light needed per the Uniform Building Code. if conditions 1 through
5, stated above, are met, the Housing Office recommends approval.
%m(mrrM122e1W0.adu
�sp�•�C �onsol o�¢feo�c�¢nif¢fion �ricf
565 North Mill Street
Aspen, Colorado 81611
Tele. (970) 925 -3601 FAX #(970) 925 -2537
Sy Kelly Chairman
Paul Smith Treas.
Louis Popish Secy.
June 15, 1998
Mitch Haas
Community Development
130 S. Galena
Aspen, CO 81611
Re: 123 East Hyman redevelopment
Dear Mitch:
Michael Kelly
Frank Loushin
Bruce Matherly, Mgr.
The residence that was located at 123 East Hyman was served by the District. The existing
service line may be in good enough condition to be used for one of the new units to be built. If the
applicant wishes to use this line then our line superintendent should be notified for his approval.
Both of the new units will be required to have separate service lines. Most ADUs are served by
the service line attached to the primary residence. As usual service is contingent upon compliance
with the District's rules, regulations, and specifications which are on file at the District office.
once detailed plans are available, a tap permit can be completed at our office, which will estimate
the total connection charges associated with the development on each lot. A tap into the public
system can be made following the payment of the total connection charges.
Please call if you have any questions.
Sincerely,
Bruce Matherly
District Manager
EPA Awards of Excellence
1976. 1986.1990
Regional and National
MEMORANDUM
To: Mitch Haas
From: Sara Thomas, City Zoning Officer
Re: 123 East Hyman, Conditional Use Review for ADU
Date: July 8, 1998
I have reviewed the submittal for the Conditional Use Review to allow for development of a duplex with
two ADU's at 123 E. Hyman. The 6000 square foot property is located within the RM -F zone district
which has the following dimensional requirements:
- Allowed floor area (duplex): 3600 square feet (based on a gross lot area of 6000 square feet)
- Front yard setback - 10 feet
- Side yard setback - 5 foot minimum with 15 feet total
-Rear yard - 10 feet
- Required open space - 35% (2100 square feet)
I have verified that, prior to demolition, the principal structure was nonconforming in regards to the
required minimum and combined side yard setbacks, the minimum required front yard setboack, and the
required open space. Section 26.104.030 (F) of the Municipal Code allows for nonconforming structures
to be restored if a building permit for reconstruction is issued within 12 months of the date of willful
demolition. However, the reconstructed structure may not be extended or enlarged in a manner which
would increase the nonconformity.
All dimensional requirements will have to be verified at time of building permit review. The drawings
submitted at this time do not contain adequate detail for this level of review.
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5090
City of Aspen
Land Use:
1041 Deposit '
1042 Flat Fee
1043 HPC
1046 Zoning and Sign
I
Referral Fees:
- I
1163 City Engineer ! `�
1205 Environmental Health
1190 Housing
I
Building Fees:
1071 Board of Appeals
1072 Building Permit
1073 Electrical Permit j
1074 Energy Code Review
1075 Mechanical Permit
1076 Plan Check
1077 Plumbing Permit
1078 Reinspection
Other Fees:
1006 Copy
1302 GIS Maps j
1481 Housing Cash in Lieu
1383 Open Space Cash in Lieu
1384 Park Dedication
1468 Parking Cash in Lieu
Performance Deposit
1268 Public Right -of -way
1164 School District Land Ded.
TOTAL
NAME:
ADDRESS /PROJECT:
PHONE: _ {
CHECK# n
CASE /PERMIT #: - _I # OF COPIES: ^' -1
DATE: INITIAL: I t_
7 �P7 -"11 -003
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