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HomeMy WebLinkAboutLand Use Case.CU.123 E Hyman Ave.A044-98A44-98 123 E. Hyman Conditional Use for 2 ADLs 0 C U 1913 E. 1AYMNO ofI 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 Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection Other Fees: 1006 Copy 1302 GIS Maps 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# .I . CASE/PERMIT#: -C1 # OF COPIES: DATE: INITIAL: a • PARCEL ID: 2735 124-71-003 DATE RCVD.- 06/1 1 /98 20 CASE NAMEJ 123 E. Hyman Conditional Use for Two ADUs PROJ ADDR: 123 E. Hyman Avenue_ ASE T Conditional Use for ADU OWN/APP: RK Land & Cattle C DR 420 E Main St, Suite C/S/Z: Alspen, CO 81611 REP: Davis, Alice - Davis Horn In 215 S. Monarch St, S C/S/Z: Aspen, CO 81611 FEES DUE: 245+110eng+70Hou=425 425 REFERRALS EFf MTG DATE REV BODY PH+ - DATE OF FINAL AC REMARKS1 CITY COUNCIL PZ: BOA: CLOSED: DRAC: PLAT SUB PLAT (BK,PG): ADMIN RAMitch Haas 79-0866 25-6587 P&Z Resolution 98-� Page 1 41 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: 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; 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'a—D , 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; in. 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 94 P&Z Resolution 98-� • 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)(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. 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: Ft/_rk!i'e!!o_t .__'�• Planning and Zoning Commission: Sara Garton, Chairperson • • ADDENDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development Directo/�V, 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 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. 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 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 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 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 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 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. (E) The applicant commits to supply affordable housing to meet the incremental need for increased emplovees 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 by 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. 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 East Hyman Avenue be 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; 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 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 Flan (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. 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 a ove the conditional use request for the two (2) proposed Accessory Dwelling Units at 123in n Avenue with the conditions outlined in the Community Development Department;; �mo dated August 4, 1998." EXHIBITS: "A" - Revised plans for the Conditional Use Application 7 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 MEETINGOF THE CITY OF ASPEN AND PITKIN COUNTY PLANNING & ZONING COMMISSIONS SPECIAL MEETING TUESDAY, AUGUST 4, 1998, 4:30 PM SISTER CITIES MEETING ROOM, CITY HALL I. DISCUSSION 4:30-5:15 A. 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 IL DISCLOSURE OF CONFLICTS OF INTEREST III. MINUTES (dune Icy) Sine 30) J-Lov �) 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. Pp\Wlt+!�_-T Ian • Z s Z l� R • 511"� 1.0 51TE rL.A N ; PW.,14 r46t INVtXgW I.I yurz��� 1.2 Lh�JS%,INr r pLhr1 2.0 �oUrlq`�11sT� f'L/�N i r�Wt� LPL �pfr�11r1GI - 2.1 LOVJ�iz I.�J�L IILoor rLA,t4 2.2 NNr1 L �� r'.00rz urrep- I,FvtG. Mire 2.G �-`IMJ LlJeL, �} Up1°tyl� l L%JFL Gib R 3.1 Not2Tr4 ti-ev ; UNIT wy,5T EI.1l:1. sit SoUTr4 et,e\/.1 UrIIT 3,3 GoLiF-T11641,FV7 u0rT '6' WLhT # 0411''f�'t✓f�57 I C�UILnn�r� S�cTivrJ 44 �?UiLviOn 6ecTiarl S. I LomoFc- L�I;L L�Lt�G"(t21r./` - b.2 f✓jlNN Le,/eL r--LeGTiic.A, o tg a otg ~' go V dg C AW8� 3�-ylj� aer LA Dal- Wwl-V ram.. �/� /'►b 7/J'f/TD Qm.. RECEIVE® am JUL 2 8 1998 °mft J�bN. ASPEN 1 Pr T KIN COMMUNITY DEVELOPMENT for bult-m-m rt^4 11 L SC,j,AL Fesoiz-ir-nm-i . acdmo_la ,..Ts °e' � ^r' lS�.eGK rr1, o,� .} -resin <r,•er1e� DEPOSIT CERTICICATE mw.M -1 _w. IF _ • r�✓ M Isar• 1 M�TN IYN IINMT "IS ,T _ r u ✓o � . I" NL1• RAT Tarim •... Nm.. u ♦..m c+••w m•ws ..,-•. f>�T ar• HC.�� �1_ w� r 1p .✓f.�. r•.t 13 N'1T •.• n CERTIFICATIOn, 1. DAYTD Or Fl•wlOf A REOISfFPfC LA1O S'NYE10P IN THE STATF OF COLORADO. HERESY CFPTIrr -.1 TH.S •L•, FAS PRE•AAED A10N A FIELD SUTYEY PRfFO*"CD V Df• ' 5UPr AYIS-ON 'N `.F n' I",7 AND 11 TRW AND COS RFCT r0 tM SFS1 OF RNM EDGE AND *LOFF . THIS CENTIVICATION IS VOID 1 TAM%1 ON AN ORIGINAL RLVEPRJNT. N'4 Y. lot, $two �j k YI .. N•w1 AL 10111 . (Sir C •Lv�l1� w IiPPA•P \� AY MT C•I•NrQ ✓w :Tsr W.. 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(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 -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. 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. Theretore, 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 4 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 staff s 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 helpfiil 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; • 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 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 0 EM (F rr A, 0 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 S 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. FO 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 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 AW 0 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 #2 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. 7 • • 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 od�L'e rG a L, ALICE DAVIS AICP 8 A-Rct chmen-t 2- D T J I n � 1 s I w n A a a E " xilsTl r-J4 �- � � "1•I2� 6 ti r 0 /`t41Af'meftf y^� 1 I� .�I H�u'�ll ' / I � � �t I ,r p K w, I l 1� 3 r1 � � L1hNCr i-- IG�� I i.l Ij I , � G I �c l-�v�/� * 1.��/!~ 1. j LCI 0�• Z++ - A4f achmg-It Z- U r C. t ,4-{achrnenf- Z 4-1 5ir- Zafph 1 °O jl f5R 3 � O !!!! I b1 SP h�cEp'jt0 4�pa>tPrl�: �t.o�nitL� ' tIF v+Ihwy e p 413 sf 1J� I= A a 0,61 451:75 N:-A (�I1�15 Wc"f'L�✓ o wA .f7 ovtpj 0 A-kachmwyt 2- ql, • Y4-9ddlvnt tf Z u� a a lam( ZbD 4h6.75 sr � . 9.2 11.9 iv Y u r L-in +I -7 j,. N E 1 L--vn p t+&- f-% r-x-.-r* AVU W o 1 -r • ATrACMD T, 3 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 Kanan President Kanan Construction Co., Inc. Member, RR Land and Cattle Company LLC el ATTA{.HMOff_. 4 RED MOUNTNN ASPEN3 COLORADO -------------- W DR �Y �A BENNETT Z REG t r ► wAR bip MCO Rq dy a PCYN75 OF INTERfSr VAM(R MAN c� HUI _— WAY a a ALvcrr PARR �^r A Kaf1Y ACKI AdIW Lrncaat \�V/\ 'UPa urr AraMr rrc -10 ASIIM I#MrVrr 9.p / 7 AraROW ~'K \ VER KING IA[lpr 'L ?AL A APWM AYtrfror, \ Z R[D J"rr /rp1NY" t\,ri. C ASAD--r[ AL4VIMAr NOMESTA!<E ccrarfRr \ l a "D AVrTf CrrcrrRr AV" MNY jCpo= Ir4_ / ,� tt /MMA AIRR AV \, Fit 1AU lEP gt +...,�._, — .0 q 1 l p W K S E N'►� M g F D E NAdM + z INS in circr are t V r W, ER gt. v E. N� < 82 \` PK Ng E. N'IM N y+ IA DE N USN ST A AV \p l 4Y/ILMrM! 4 �• HI IM�r W�� MnAh MAIM M � q \ 1 ASP9X �� MAW .ChtlLl! ` AL4 N_ A` To \ nf�. ` ATTACHWEi�1T 5 CITY ASPEN PRG-APPLICA l 1UN CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 6.3.98 PROJECT: Rf LAod 2- pr60 M. Cond. U-M/ADU REPRESENTATIVE: Oati-% AMA tat OWNER: ft Lfnd t I &wf to TYPE OF APPLICATION: one step DESCRIPTION: 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 (5245) Referral Agency Fees: Engineering, Minor ($I 10); Housing Minor ($70) Total Deposit: 5425 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 Dacket and maps. HPC = 12; PZ = 10; GMC = PZ--. CC = 7; Referral Agencies = I/ea.; Planning Staff= 1 7. An 8 1/2" by I 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. 1) pn33ect it=e O!P- A vg. bAk- 401-11 ia:5 F* F (i mdJ czte s•-T, addtvw, lot 4 hl cck numb=, Ig%aI - las , z;b inn mbere 3) ftmeat zmimL -- (coos.( S) how icam-3 mme, Adam= Rme=jI+ 1/0 kon I�anan E. Main 5�.. suip- aL?� Z�w I Qe 5 -DaiA,ds i4orn Ynt 115; S. /nOOa=h 36. *jc)� ASOM 60 q70 US-' 7) TMe of 4pUicatien (pl dwck.au t±0 amly) it] evnl- TIC'-e C=Ceptlzai sph C==eptml Histcxic Dev. spec:jAl r4eview Final Mk Final Histcric DOW. IND logo —too* 041 OVA old 9) Des=._j_O_iCm of Deje3cpDaft ag LPA+; nn one. J'j LAdf; Ebm y0a attached the folla-dng"? ReSPMSe tO Attmchmgct 2, IfiMil-Im SI*3missj= Cmiterits Flespmjse to AttaCbMat 3, Spa=iZLC Sib- Sgdinn 02CItZrItS ?Wspame to AttaCbMmt 4, Denim Stancb=ls for Yct= Pcx:2 i=ad= nn ATTACHMENT_,__ ; AS'PE *ICIN CONmiUN rY DXVXL0p.NmI DEP_4ZZXM Ag eammr for Pay L of Ca► of aspen Dereiop =t Applcatian Fern • (Piesss P'rmr Qnclp) OF -ASPEN (hcti— Il= =Y) and __R (h===z c A2'-OLIC A,� AGREE AS FOLLOWS: a r TAE D,.wjEC 1�. Z APPLIC A.N- ' ct===ds and aga= d= City of :aspen Ora=ce No. 43 (Sees of 7 996) esrabishes a .,Fr snuc = -.-or lamd use aaoii=om and the pavmCtt of rill proc =ng --= is a condition p=cd i :a a de. inazim of mpucmim comgietcss. _ 3. A2'?T-.!C.*7- and CITY ag= rant '-== of tc sim aar= or r=rc of -j2e =t;o- sd pmjc -r it is notposm-ble at dzis dma m asc.-gin to d creza oft c — =voivea a grousing the a{miiranon. A.P?LIC -N Nr-r Sad CITY izdiw aq= that :t s in the innm= of :hc nardes zo allow AF?T.:C.IINT :o maicc Favmr-- of an :aiIIai de=sir and :o M=k additional Hsu to be billed :o APP FCAN-7 on a moatiiiv basis.. kP- LC.�v i ar-e= sc wM be b==E d 'ov .=mi q gre=er =sa liq=ty and -jul C ad=onm -av== upon wadc=n ory -te 1 �; wtt amnec.-scary as costs are lac . i CIZY 3Ze-s IT be�ougb a etc :.—zim4 of reccvcmg its mil Coss to m-cQ s A3°Uc-AN 'S appiic=on. i. C'TY and Ac'DliC.-� , furrac agze- d= t is immmcmcabie for CTIY z-mff to comnier= Fror's or hem c� :n20ffi=Oa � the ?Iaauing C3mmiss on and/or City Council ro triable te Plammnv aadlor Cup CaLm4 t0 majoe Legally regwrcd fiadmgs for -r,=j= agpmvai �atiess c.n�t biIIing3 are Paid in foil 7rior m decision. = :F f ° _ . 7z=—..are_ A.P. :IG� -N 1 a tb= is ccnsid on Qz du CIIY'S waivc of --m rim :o collet &ll tim prior to a de:tntti=On of aaaiic3= c =i== APPLICANT Tr sdII pay an initial deposit in the amotmt of S ' w ica is for h of Pt=a staff time, and if acnml -=rded costs c wxed the initial deposit 42DLICANT shall gay additional monthly , L gs to CI: Y m rr�mburse the CIS for the processing of to aafliuc:jtjon nidand above, 'tn� post approval renew. Such medic paym=m shall be made witbm 30 days of tie'oUng dam. APPLICANT ford= age-. s that tilum to gay such accved cows shall be g ctmds *br mspensian of grocrosng. CTI'Y OF LSPEN aPFLiC.��tT Stan Co mnmiry De`,eiorme it Direr Printed Nu City of Aspen NimTmg Addran. 'Fox ylAdOMs� - N I mrde s — ax LANb & CATTLE OO .or DWMd C/O RON MAN 199E 001 PO BOX "9 A,tPE.0 rn SIR12 Apr Dist St IA Pbarcal Ntontw MH Sporn W=6 ?73612�71i703 No; . - pr _ N ypet, ta6ollois. '" ? L+ooe�iion _Zfq_ • od typo Lagt Code Name Mop NO Administration Approisd 1 Names 2 Siius Address 3 Mob" Homo d TrocVSoction 5 Condominiums 6 !!lock & Lot 7 Book & Pow/Saws a Nrur.,ellat�eous 9 Tax sterns 110 Pre/Succeed MASTER r� I _ 2 3 .— ITY AND TOWNWM OF A9 & LOU BLOW PW I75 Current Year Prior Version Go To Imaging Prior Year Next Version AbclerneM Need Year Clerk's Doc's Update clear w ,4�ach�n� S T= Issac pftn County Assessor 506 East Ua� orado SS6i i 202 Aspen, 1 1 $Y: ` LEGALDATA ( _ 1 'SEQUENCEVERSTARTIVEREND r of 'Tale Instance Fidelity National Flue Insurance Company A Stock Compaav Polity Number 1312 - 89761 OWNER'S POLICY OF TTZT.E INSURANCE SC,'W= TO THE EXCLUSIONS FROM COVERAGE, THE EXCEMONS FROM COVERAGE CONTALNED LV SCHEDULE F AND THE CO,, DITIONS AND STIPULATIONS, FIDELITY,YA77ONAL TITLE INSURANCE COMPANY, a corporation, herein called the Company. insures. as of Date of Policy shown in Schedule A. against loss or damage not exceeding the Amount of Insurance stated in Schedule A. sustained or incurred by the insured by reason of 1. Title to the estate or interest described in Schedule A being vested other than as stated herein; 2. Arn• defect in Or lien or encumbrance on the title; 3 Lnmarketabiluv of the title. 4. Lack of a right of access to and from the Land. The Cornparn will also pad the costs. anorne%ls'fees and expenses incurred in defense of the title. as insur;►d. but OnlY to the =enr provided in the Conditions and Stipulations. Ili u'17NESS "'HERE -OF. FIDELITY VATIC- AL TITLE INSURANCE COMPANY has caused thcs polio- to be signed and sealed by its duly aurhoi-Td officers as of Date of Policy shown in Schedule A. Fidelity NaVona► Title Insurance Company By 0 SEAL ArMST Countersigned: Authorized Signamre ALTA Owuces Policy (I0-17-92) LT,rT"T!"' t...-., Vn t 21 I I410Zl i. OPTIONS TO PAY OR 011MEtVIPM SE= (__MS. T7 RM qA QN OF t c kRn fro In lose io a cilia ®tare tarns policy, the have the follow vas addi tieoal options: (ter To Pay or Teedcer Payment ell th7AnwwMadtilmstarmace. To pay or tender Payment oft-- or; modeL th- lacy '-^;" 4 -^ with ivy costs, aaonacys' Fees and expenses ivcumed by the insured rfaltrrars wtich were andor¢ad by me Caa.piay, ap w the time of payment or sendus of payment ad which the Cotuarry is obligund to pay. Upon the exercise by the Causpany of etas optim all hability sad adliganotss to the msurad aodar dais policy, odhe ttsan to casks the payment required, shall temia.rc, iacluda:s any h2tality or obligadoa so defend prosecute, or oomatic any La V xi, acid tie policy sball be xu,=x1e:td to the Company for anodiat►od (b) To Pay or Otlseswoe Seek wrap Partses Other than the Iamwed Or W-11b Hie >ansted CLitmastt_ 6) w pay or otherwise settle wits other parties for or in the name of as used elaiauat any claim wsmed against under dais policy. together with any cosm at- torneys' fen and czFssus incased by toe tnantad d— which were satI =d by the Company up to the time of payment sad which the Company, is obligated to pay: or (ie) so pay or otherwise settle with the insured daoanart ibe loss or damage Pro- vided for under this policy. to=edier with sty coats. anoracys' fees cool menses incurred by the insured claimant -, were: zmdK tmd by ibe Company up to the time of payment and which the Cong any is obligated to pay. Upon the excrase by the Company of eitbes of the options provided for to Pzra�ptss (blti) or (it). the Company's obtigaooes to the ittrtutsd u nda this policy for We claiaxd toll or damage. other than the payineas required to be rmdc. shall =- miaate, ioctoding any liability or obliptson to defend. protective or co+r� any litigation- 7. DETERMINATION, EX EvT OF UARMII'Y AND COMStMAN(M This policy is a cmzr= of mdemaity against aceul monetary law at damage sustained or inured by the insured dammaot who has suffered low or damaite by reason of tracers ms -md against by des policy and only to the sweat beraa described - (a) The liability of the Company under tEots policy strait not cz the least af. (i) the Amount of Insurance stead in Schadute A: or. (ii) ttu differ m¢ between the value of the ial r 4 Coate or interev as its and the value of the hnsttred estate or intcrrs subjm to the defect, lira or ewumr brasxr insured against by this Policy. (b) In the evens the Amount of Insurance -ated in Schedule A at the Date of Poircy is less than 80 pc3 m of trte value of the tastaed esststte or mteresi or toe full conniderance paid for the estate or maces, whrehe-vex is )=, or if sebsequestt to the Darc of Policy an improvement is erecao I on the )sad which matzses the value of the assured estate or interest by at least 20 pesrcea% over the Amount of tn=%n= stated is Schedule A. then this Policy is mbjea to the followia_ (i) where no subsequem improvement has been made, as to any partial loss. the Company shall only pay the lots pro ran in the proportion that the amouza of i nuraoce at Date of Policy bears to the total value of the estsse or iawrest at Date of Policy: or (n) where a subsequent itaprovemeat has been made. as to icy partial loss. the Company shalt Only Pay the loss pro rasa is %be proportion ,hot 120 patent of the Amouad of Irzura-- a stated is Scmedtde A bears to the sum of the Amottm of Imttrance soared in Schedule A and the amount espeaded for the improver The provisions of this paragraph shall not apply to costs. amorneys' firs and ez- pens,m for which the Company is liable under this policy, and shall only apply to %tsar portion of any loss which etceeds, in the a$gresam. 10 percent of the Amara of Insurance sated m Schedule A. (c) The Company will pay onty dross costs, attorneys' fees and expenses tocusnd in accordance with Seetxx 4 of tare Conditions and Sdptilarions. E. APPORITOrOAOENr If the land described is grbf,e.+te• A Consists, of Two or more patseis which are not used 3s a single site. and a loss is esmbtished affaaiag one or mote of the purls but riot all. the loss shall be compused and settled ea a pro ran basis as if the amount of insurance nodes this po6ry was divided pro rasa as to the value oa Data of Pdiey of each separ= parcel to the whole. exclusive of avy improvements made sabse- queen to Dare of Policy, unless a liability or value has otherwise beta agreed apon as to each parcel by the Company and the mste+ed at the time of the iR3.a_= of this policy and shown by an express statement or by an eadotsesnmr zmched to this policy. 9. L MTATION OF L.IABiIdTY (a) If the Country establishes the tide, or removes the alleged defect- lien or encumbrance, or cars the lack of a runt of access to or from the laud or curs roc claim of unaixtrlccxabRity of tide or otherwise estsblisoes the lien of the insured roortMr all as insured. is a reasonably diligrra mama r by any method. IDdodittg litigation and the completion of airy appeals tbercfivm it shall have fully performed its obbgmoas with respect to d= matte and shall not be liable fox any loss or image c2­4 thereby. (b) Ia the rent of icy litigaaan, including lidg+aon by the Comparry or with the Cote¢aay's the Company shall have no liability for loss or damage until there has been a final daamizzision by s court of eempe¢a jmisdictioa, and disposition of all appeals tbererrom, adverse to the title as insured_ (c) The Campy shall not be liable for loss or damage w tatty inured for liability votuatarily assumed by the iasu ed in semmg icy cb= or sail without the prior wn= censctx of the Company. 10. REDUMON OF I1hi AMAiNCE: REDUMONI OR T33i!►f NATIO14 OF LL4AR M AD Payments adder this policy. Payer made for cis. attorneys' fees and ses, shall tedece the zwouar of the iz»oe Pro tarrto. 11. LIARIIlIY NtOiVm. - ATIYE zp it is caescty nadetMW at the atsiormt of ite==i= untie this policy shati be reduced by any —an sway t>� �� any ply a mores tg:ge m which tzeeepOrtiSeie B or m wh}r the ittstaed hzu agedd assummed. a tai�a svbjeet, u berufta atmred by an instned and whicb a a Charp or lim cart me wave Or' dc=*ed or reacted to is Schedule A, and the amwaa so paid teas be da coed a paymeat ttadeer this pointy W the insured own er- M PAYMFNr OF LOSS (a) No paymart dun be made wabom produ=Z this policy for endorser of the paymc t Bless the policy' bas beset lost or destroyed. is which case proof of loss or destruction C be fariasbod to the sat3bC11015 Olf dw may. (b) When liability and the cxttsa of Lou or damage has been defmirly fixed In accordance with this CoOdMM and Sons, the loss or damage sball be payable within, 30 days better. 13. SEWWGATION UPON PAYNU24T OR SXIMMWEN-r W Jim Conapasy's 3tight of Subeeptimn. %%aa ver the Company shad have secied and paid a daim wader this policy. 30 nit of sabsosaioa shall vest in the Company unaffected by any as of the ta- iwtd Cizt=M - The Company shall be wbeogattd to sd be ®sled to all nun and remedies which the insured claimant would have bad agssimt nay person or property in rtsF= to the daim had this policy not been issued. If rogoestad by the Company. the m- saaed claimant sban Lransirr to the Gimpy all ngttu sad rrmeaets agsiffit ally person or property necessary in order to pert= this n#a of subcogacioc. The in- saatd daitmat shall permit the Company to one. oomprumise or Muk in the �e of the unwed daimaza said to use the collie of the oscred Claimant in any traasac- tin or brigmm invotviai these rights or remedies. If a payment on account of a A— does tot folly cover the law of the ithsared dam— the Company shall be sabnossted to these tights sad remedies is the pro- portion wbirb the s payment bars to the wbtile snouts of the loss - If Ions should rgnit from any act of the as stated above, the act *all am void this policy. butt tare Comptmy, is that event. shall be required to pay only that part of arq losses coos. -eta ages by tha policy wtocb shall exceed the amoral if any. low io the Cary by reason of the impairment by the amused rlaimaat of the Coca aay's right of subroxidon. (b) TDe Compmy's Rues Against Non4asaed Ob%ors- The Conwavy's right of Rtbroption agsarn notrmvaed obligors shall exist and shall mellnde. witoortt h mLOaa, die rights of the inswod to mdemAmes. 9-u-o mec es- otaer policies of irataor bonds vocwishseodi g any teams or coodrearts coo- wined in those mstrumeam which provide for sisbrogaoon nghts by reason of this pow 14. ARBITRATION Uakw ptobbimd by appiiable law, artier the Company or the immled rosy de- mand ubraadon pu rrainiz to the Title Insurance Arbiaatwo, Rules of the A=mmi con Arbitranott A=x aooa Arbiaable ratters may incur e. but arc not: limited to, any ooat ov crsy or claim betwom the Company and the insured arzsirr; out of or reluing to this policy, any devils of die Company in ooaoection with Its iswmee or the breach of a policy psovmoa or other obligation. All ab=3kie confers wtrm the Amouw of Luaran a is S1,000,0M or lea shall be arbitrated at the option of estate the Cmrpany or the uwavd. AA +rbiaabde matters wben the Amount of InRu -stuce is in caress of S1.000.000 shall be wbitratcd only when agreed to by both the Com- pany and the insured. Arburamm pws= to thus policy and under the Rules in ed'focx on the done the deawhd for arbib ation a mode or, at the opoon of the insured. be RaLm is effect a Dose of Pauly shall be binding upon the parties. The xward may include attorneys' foes ortiy if the laws of the state to which the Lmd is located permit s court to award anarneys' foes to a prevailing party. Judgment sport the award tendered by the Artmratw(s) may be eked in nay cotter having jurisdiction hereof. Tlic law of the smaa of toe land shall aWy to as arbiammm tinder the T-ule In- suraacc Arbimabon Rules. A copy of the Rnies ray be obtained from the Company upon request. LE 1 L4=XrY 106M TO TWS POLICY: POLICY EN-nRE CONTRACT (a) Ibis policy together with all ebdo+se nena. if any. attached hereto by the Coo►- pany it the exttrc policy and caama baween the insured and the Company. In maaprenng any provuwa of this policy, this Policy shall be ocnaraed as a whole. (b) Any elate of loss or damage. whether or not based on acgligemz_ and which arises our of the stoats of tht title to the elate or merest owetnd hereby or by any action asserting such dam:, shall be recaiaad to this policy. (c) No smut of or eodoe3cmene to this Polley can be made ertcePc by a wrMM9 tadorsod hceoa or ataehed bedew signed by ether the Prewleat. a Vicx President- the Secretary, an Aa;mert Seery, or validacmg officer or authorized sip -try of the C—p—y- 16. SEVMtARULXJrY In the event any provaron of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed as to iticludc that provision and tali other Invnsioea shall itma. m full forte and effect_ 17. NOTICES. W113ME SENT AR mom= rtgtared to be grim the CorapM and nay soemcnc m writing m q%mrd to be furnished the Company shall itici tide the Hanauer of this P0hcY and small be addressed to the Company all Fidelity Niadonal Tdle Iasuraum Company Nanot al Clai>ris Adasinisa2don I79I I Von Kazman Avenue, Shiite 300 Irvine. CA 92614-5253 arise by reason of: L (a) Any tact onknom or to`eroe itd retaluioo 'T bat net Unkind to bwAdand mi g aff lawn, orrfareerr .� ttguilttiobrl test�ms oietirq. relatilm pro or relstieg to (i) the occaptno +t>< or ere of the taodt W the ckme case. diagnoses or leea6w of w4 e+emcsf mew or bermher atecled on the ht k ©a rcprnt;o. is owsersij or a eh_ne sr free of the load or sty p rcid of Nit b or vrtrs a part; or (iv) ewnsaaaeatai ptoasbe� of the effect of any violatios of these sect or tvveruaeow tgslatioas, tempt to the a setiee of t!e rfaaweathen*( or a oodw of a defect )ice or escanibraoe raukiat fre r a violation or dtetd nolau" affeen" the bad has been n cnrded in the pubic records at Date of Pblicy. (b) ;; i.. . -' yiwwi �.o..a im mooed 67 (xi on ibe [rarest dal a smite of Lae sae - dove[ or a notice of a iefilis, arm or tfC1 rtsutun from a notation or alicted violation affects t; the Land has been recorded in tbt !cubic meads at Date of Policy. 2. tkgiu of retest domain aka nstits of the coarcaiae tba eof bas been ncwdad a tin ptahti rue ' at Dust of Peitip; but act eodediag from coverage am taloat whet has ocem. pion to Date of Policy which Weald be badiut a tie ravins of a psrclaw for vafae Wimow knoaledit= 3. Defects, fans. enennbranees, adverse daisy or Drier mdttas: W ceded.. saffered, asemned of agreed to by the husartd deicmM W not knowu to tie Cosoaax sot reewded in tic pablie records at Date of Policy, but ksooa to this ias*aed claiaaaat and Doi tirDdosed in Wtieiees to drt Comas y by the issared claia��* prior to the day the in= damtsne became to resisted oader riffs poky, (C) resitting in no low or damage to the ioataarI dvift2m W attaching or coated sa6itmetn1 to Date of Policy; of (e) rtantliag in tore or /aaufc whyrtt wall root bsve been sestju W if the immred daimaat had paid WAW for tit estate or iwatst iagarred by this roGey_ A, Any cease which arias oat of the tratwetioe vesting is doe Insured the estate of mft sst iusvrd b7 this pefiicT, by reason of the operstuon of federal t n krawy� star iasolvvscy, or similar creditors' ngWs last. that is based oa (i) the uaesacios sea - g the estate or as Ties insured by tits po`c7 being deessd a ftaiaoe cesimain a or ftttmdnkst transfer or (ii) cbe transaction crating the csiate or oteseu rimfed 117 this pour, btieg doeaed a pgefetvtiad t> F Whets the Pworeatitd transfer results from the flaws (1) to timely rtrord the issirsinipest of transfer. or (b) of seeb recordation to imperil notice to 1 purchaser for vahe or a judgaes2 or lie crediUOG CONDMONS AND STIPULATIONS 1. DEFLNMON OF T ,RIMIS The following terms when used in this policy tnean: (a) -'insured": the insured named in Schedule A. and, subject to May righ= Of defenses the Company would have had against the manned insured, those who suc- ceed to the interest of the mashed -a by operation of taw as dis>mguisbed frrom purchase including. but not lizzated to. heirs. disuibutocs. devisers. survivors, per- sonal represenowes, next of kin. or corporate or Fidumry suc=msors. (b) "tnstared claimant": an insured cWmstg loss or tdattrage. (c) *'knowledge*' or "known": actual knowledge, not conanvetive knowledge or notice which racy be imputed to an insured by mason of the public records as defined in this policy or any other records which impart constructive notice of mat- rers affecting the land- (d) -land": doe land described or referred to in Schedule A. and inVroveaxa6 affixed thereto which by law eonsaaae htal property. The testa --land- does nor include my propertyy beyond the lines of the era described or refeirto in Schedule A. nor any right bt)e.-use=, went✓ or eascmemt in abaaimg stress. roads. avenues. alleys. lanes. ways en or wannways. bnothing herein stallimo[ modify of l the extern to Which a right of access to and from the land is insured by dtis policy. (e) "mortgage'.: mortgage, deed of t=. trust deed ar outer swwicY iassu mcm- ( () "public records-: records csabiished under stye stattucs at Date of Policy for the purpose of iroparting consauaive am of tatuts relating to reel property to purefrasers for value and wirhhotu ►nowledge a� W-Hh fespro Section 1(axiv) of the Exclusions From Coverage. "public records" smell also tndude evvttonmem- W protection lien filed in the records of the cleric of the United Stars disaim court for the dmria in which the lard is located. (g) "ummarkectbility of the title": an alleged or apparent anise✓ iffe tang the title o the land. nit excluded or excepted from coverage, which Would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a conaactual condition raguring dw delivery of marketable tale. 2- CONe'II*ti+'ATTON OF riSURANCE AFTER CONVEYANCE OF TTTI.E The coverage of this policy shall Ottaatme in farce as of Date of Polity in favor of an insured only so long as the insured resins an estate or intact in the land. or holds an in icbte,finexs secured by a purchase rmoey mortgage Seven by a pttr- csaser from the insured_ or only so ion as the insured shall have list iiity by reason of covertarits of warranty, made by the insured many transfer or conveyance of the estate or intcost This policy shall not contmoc in force in favor of any Pur- chaser from the insured of either (i) an estate or in== in the laird, or (iffy an ui- debtain= secured by a ptucin- [✓hasty mortgage 9— to the insured. 3. NOTiCE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The -surd shah notify the Cody promptly - wrinag (i) - case of any litiga- tion as set forth in Section d(3) below. (u) in else k DWledge shall come to an in- sured hereunder of any claim of tide or interest which is adverse to the title to the estate or interest is insured. and which rnglu crust foes or damge for which the Cornpary may be liable by vvme of this policy, Or (riff) if Lithe to the cant[ Of in- um!st, as insured, is re3ccicd as ururtaitcmbie- If PrOwpr notice shall not be given to the Company, rhea as to the iasuired all liability of the Company shall camiaate wirh regard to the mama or rtnaen for winch pcoa twtice s raged: provided. however, that failure to notify the Company shall in no case prejudice the lights of wry tnstmrd dada this policy unless the Company shall be pit j-d—d by the failure and then only to the extent of the prcytiditt a. DEFUiISE AND PROSECTMON OF ACTIONS; DUTY OF WSUR1ED CLA 4ANT TO COOPERATE (a) Upon wrirrs request by the insured, and subject to the options contained in Section 6 of Lbese Conditions and Supull-oar. the Comapmy, at its own cost and without as =ciaabie [delay, shall provide for the defense of an imsurred in litigation in which any third party asserts ad —urn adverse to dhc tide or iai== as unattred. but only as so those seated causes of action alleging a defect. lien or --brace or ocher tnaner instired against by this policy. The Comapaay $hall have the rrg)tt to $daz conned of its own choice (subject to the right of the insured to object for rags . -1,c max) to rcprc=w the cased as to those stated causes of seriom wad shall we be W"c for and will not pay the fees of any other cotassei. The Company wifl not pay any feu. coos or expemc3 ituwrted by the insured in the dcf=— Of cause caitses of arooe which allege matters not insured agoras by dm policy. (b) The C shall have the right_ at its own cast to insmm and prosecute nay action or protecting or to do any :the act which in its opinion may be necessary or desrable a establish the title to the estate Or resisted, as moaned Or ter prevent or red✓, loci: or damage to the insured_ The Company may take any appfopriaoe action under the tome of this policy, whether or not it shalt be liable hereunder. and shall Doc thereby enroedc liability Or waive any psorision of this policy. If the Ctxnpaay shin ncat3se its news date[ this paragraph. it shall do so diligently. (c) Whenever the Company shaft have brought an action or imerposcd a defense as required or p r sed by the provTsioas of dais policy. the Company racy par — any liugaticn to final determmtion by a corn of coriutent jurizdremm and cz- presshy reserves the not.. in its sole discretiat to appeal from any adverse judg- in= or order- (d) In all cases where riffs policy permits or requires the Company to pro$cctae Or provide for the defense of any action or proceeding, the insured small secure to the Compay the right to so prosecate or provide defense to the action or pro moditg. and all appeals herein, wad permit the Company to um ar ics opthod the name of the insured d for this pu pose. Wbeaeva requested by the Company. the insured. as the r proc oy's expense, s � Y all reasonable Aid.fi) in any amen a proceedttg, seettrirug or defending the action Of PCOOe0dinig. or effecting settk=peaL, and (n) 0 any other lawful as which in the opinion of the Company may be t ocusry or desmabfe to establish the aide to the estate err interest as insured. If the Company is prejodiocd by me f=lure of the insured to frvish the required 000peraaon. the Company's obligations to the insured ®drz the Policy shall zcrm=9te, including any liability or obligauce to defendprosecute. or ocaanue nay LkSano4 with regard to the manner or mamas raclurmg such mopaaaon. S. PROOF OF LOSS OR DAMAGE In addition to and afar the notices Lured horde Section 3 of these Conditions and Stipulations have bees provided the Cody, a proof of loss or damage :Sped and twos to by the named Hain»- shall be ft»hod to me Company wd1lin 90 days after the insured claws shall asoertain the facts giving r>sz 10 the foss or damaM The proof of lots or damage shall descnbe the defeat in, Of lies: or ou the title, or other maser instnsed against by this polity wlbcb coo - strums die basis of lass or damage and shall state. to sine tame- posabie. the basis of calcuUnng the amount of the loss of damage. If the Campy is ; j "— I ley the fai)um of the nistred dsn a t to provide the required pry of loss a ma dage, the Company's obligations to the insured Hader the policy shall mms>ett. including any liability or obiigioon to defected prosticme, or eoedaue MY )it MM • ith regard to the Mauer or matters requiting such proof of loss or dump. In addi ion the insured may ttasowbfy be required to submit to eroamina- doe horde oath by any anthorvsd represe%itailve of the Company and shall produce for e=rttmaona inspection and copying. at saheb ressonable rims and places as may be de—guahed by any ashoriad represennave of the Campary. all records, boons. k gers, checkcscantsp ndec ce and memoranda, whether t iag a dose befote or after Date of Policy, which r®robhy pertsia to me loss or dam Further. if requested by any authorized representative of the Cnmpeay, the msm� tdsimaat shall groat its Pcrmissuon, in wridn& for any aaahrmed R¢»tive of the company to cicamme, mspea and copy all records. books, lalgets. checia, ooattispondena and memoranda in the eo wdy or ooatrol of a t)tma parry. wriefs reasonably pezrmm to the loss or damage. All i nformadon domed as eoa50es04 by the insured provided to the Company purmant to this Section shall n be disclosed to others unless, m rho reasonable judg ew Of the Company, isot is necessary in the adimmistras]on of the Claim. Failure of the mstaed duimanr m stab - ma for ocatumanou under Dam. peoduoe awe rmmsonably requested inoormmtion or smut permission to sacane reasonably necessary information ham thud patties as reQoarod in the shave paragraph shall tt C any bzbddy Of the COmipaay tmdc sues pobcy as to that Claim. . S®ULE B-OWNERS CASE NUIS R DATE. OF POLIO: PCT11798 09/04/97 9 4:19 P.M. • POLICY NUMBER 1312-89761 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE By R$:SON OF THE FOLLOWING.- 1- Rights or claims of parties in possession not shown by she public records. 2. Basements, or claims of easements, aot shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage is area, enchroachments, 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 1ien, for se_ices, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. 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. EXCrPTIONS NLEREJ NONE ARB �= t' y OMITTED. FWT 4 t . S®IILE A -OWNER'S POLICe 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 : RK LAND & CATTLE COMPANY, LLC, A COLORADO LIMITED LIABILITY: COMPANY 2. T.q-- ESTATE OR -INTEREST IN THH LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS IN rEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: RK LAND & CATTLE COMPANY, LLC, A COLORADO LIMITED LIABILITY COMPANY 4. THE LAND RE.='-r_R = TO IN THIS POLICY IS SlTrTAT= IN THE COUNrT OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: LOTS E AND F, BLOCK 69, CITY AND TOWNSITE OF ASPEN, COUN--Y OF COLORADO, STATE OF COLORADO PITKIN COL7N'I`Y TITLE, ' INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (9'10) 925-i766/ (970) -925-6527 FAX THE POLICY MXMR SHOWN ON THIS SO4EDULE XJST AGREE WITH THE PRMIWM IL*ft-R ON THE COVER SKEET. WARRANTY DEED TNT S non, made t1xisAj&ay of sBPn2,mm • ATTi T'�_ 1997, between LAWRENW. FOSTER AND ANGELA FOSTER OF TH3 savor^: or , SLAIG OF GRANTOR, AND RK LAND 4 CATTLE COMPANX� LL.-- a Colorado limited liability company O GRANTEE z` < p whose legal address is : J CIO RON RANAN P. O. BOY 649, ASPEN, CO 81612 W COUNTY OF PTTIQN, STATE OF CO WITNZSSBTH, That for and in consideration of Ten Dollars and other good and } valuable consideration the receipt and sufficiency of which is hereby t aelmoVledged, the grantor has ranted, bar y p• g gained, sold and coma ed, and by these presents does grant, bargain, sell and convey and confirm n unto the grantee, its successors and assigns forevar, all the real property together with improvements, if any, situate and lying and being in the County of ➢ITKiN, state of COLORADO, described as follows: LOTS E AND F, CIO HT= 69, U- CITY AND TOWNSITE OF ASPEN, r COUNTY OF COLORADO, STATE OF COLORADO IN full ffilfl 31 lull Ifllll In � HM 11 a M&M 091841UW e4: W No DBMS SILV1 1 of 2 R 11.0e o 41.ee N 8.00 PMNCO COLOMW T0GrZMM with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper-� r ng, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargain Z the hereditaments and appurtenances. bargained premises, with 2 p a J TO HAVE JUM TO HOLD the said premises above bargained and described, acJ wit.i'- the appurtenances, unto the grantee, its successors and assigns forever. 11Cf Ar�d the Grantor, for himself, his heirs and personal representatives, does r covenant, grant, bargain, and agree to and .r_th the Grantee, its successors and assigns, that at the time of the ensea?ing delivery of the presents, he is well seized of the premises above convoyed, 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, m liens, taxes, assessments, encumbrances and restrictions of whatever kind 52 or nature soever, except those matters as set forth on Exhibit •A- attached hereto and incorporated herein by reference. The grantor shall and will WARRANT Am FOREPER DRFMM the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the Qwhole or any part thereof. The singular number shall include tale plural, oe the plural the singular, and the use of gender shall be applicable to all genders . / f lock: �N LARR2NCE T. FOSTER t s HI VI � 1 � V 1 Ll � 'r V V`1 W�'� ✓ti•�^'-�' L- ��(/1 NOT�R�, . ANGELAI FOSTER g a+ Sn STATE OF stir `• :'00 oIb�GLci 0 ) For - 00.! -' COUNTY OF 33. COt vThe foregoing instrument was acl= wledged before me this • + k day of 5 }Q,mbA- ms 1997 by LAWRENCE T. FOSTER AND ANGELA FOSTER BY CATHERINE GARLAND m a THEIR ATTORNEY IN FACT. wrmwSs my hand and official seal �• EXHIB1"T "A" 1. Taxes for the year not yet due or payable. • 2_ Reser-ations and exceptions as setforth 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 549 at Page 169. I III q%I Illlli III IICIVYWD1 DAVIM dl ftll Ifi IIII '4th* 1ISHOP ALBERT & PEARL 0.2 S GARMISCH ST CO WILLIAM N I3 URSULA LN "TON MARVIN O OX 1224 9 ASPEN, CO 81611 LOS ALTOS, CA 94022 ASPEN, CO 81612 MORGRIDGE PROPERTIES INC TUNNY SNOW LTD CHALET LISL PARTNERSHIP LTD C/O JOHN & CARRIE MORGRIDGE 07 TERRELL RD 100 E HYMAN AVE PO BOX 3279 .AN ANTONIO, TX 78209 ASPEN, CO 81611 ASPEN, CO 81612 IAAN R E TRUST MARKLE JUDY C/O POOL JUDY JABLIN MERLE ELLEN '1 IS LEESBURG PIKE STE 309 10 MEADOWVIEW LN P O BOX 778 ALLS CHURCH, VA 22043 LITTLETON, CO 80121 ASPEN, CO 81612 �PARLING JOAN M WINKELMAN WENDY L PIETRZAK ROBERT J & SUSAN R 00 PUPPU SMITH ST #205-220 108 W HYMAN AVE #8 1796 E SOPRIS CREEK RD ASPEN, CO 81612 ASPEN, CO 81611 BASALT, CO 81623 BEVERS ROCHELLE C REAL ESTATE BEVERS ROCHELLE C REAL ESTATE ,EWIS EILEEN TRUST TRUST 08 W HYMAN AVE UNIT 9 6353 HARDEN DR 6353 HARDEN DR ASPEN, CO 81611 OKLAHOMA CITY, OK 73118 OKLAHOMA CITY, OK 73118 'ERREAULT GEORGE C PERREAULT GEORGE C IVES THEODORA H .002 CROCKERS LK BLVD #117 4002 CROCKERS LK BLVD #117 3111 BEL AIR DR APT 27F ;ARASOTA, FL SARASOTA, FL LAS VEGAS, NV 89109 TBD ASSOCIATES LTD tOTHMAN SHEREEN CLAIRE JACKSON KATHIE C/O SPENCER F SCHIFFER 04 W COOPER AVE #1 368 HOLMWOOD LN 450 S GALENA ST STE 201 kSPEN, CO 81611 SOLANA BEACH, CA 92075 ASPEN, CO ;TERN JOANNE K FRAZIER WENDY S GLICKENHAUS & CO 1142 MAROON DR 1 CENTRAL PARK W #23B 6 EAST 43RD ST kSPEN, CO 81611 NEW YORK, NY NEW YORK, NY 10017 ,IPTON DONN H & MARILYN G TIERNEY MICHAEL P TRUSTEES TIERNEY ANNE APTON DOUGLAS PO BOX 2391 3REGG&RANDALL CO TRUSTEES ASPEN, CO 81612 600 WOODSON RD >T LOUIS, MO 63114 ZK LAND & CATTLE CO LLC BABCOCK MARJORIE TRUSTEE SNOW QUEEN LODGE PARTNERSHIP -/O RON KANAN 2161 KALIA RD =412 PO BOX 4901 'O BOX 649 HONOLULU, HI 98615 ASPEN, CO 81612 kSPEN, CO 81612 LAW GLENN EUGENE W GLENN EUGENE AffiRALVER RIC1 ARD PO BOX 2537 0 BOX 2537 4W 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 #9 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 1 115 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 STARR INC A NEVADA 305 S ASPEN 42 PO BOX 11571 CORPORATION ASPEN, CO 81611 ASPEN, CO 81612 PO BOX 11980 ASPEN, CO 81612 ►STRI CORP FLORIDA CORPORATION ' O BOX 15584 -AMPA, FL 33614 :OCH LUMBER PARK ;1TY OF ASPEN 30 S GALENA ST ►SPEN, CO 81611 THAW ROBERT W 'O BOX 121 157 'ORT WORTH, TX 76121 ,EATHERMAN ROBERT D 'O BOX 11930 ►SPEN, CO 81612 ,AMAN WILLIAM H ,AMAN E MARGRIT AS JT TENANTS 301 CALLE LOS ALTOS UCSON, AZ 85718 7ROH GEORGE C ►ST AUGSBURG ;MR 456 BOX 144 ►PO AE 09157, /AGNEUR BARBARA JEAN IREV "RUST 1/4 'O BOX 685 AORRIS, IL 60450 ;HENNAN MELISSA A A36 N BISSELL ST :HICAGO, IL 60614 )INGES JERMAINE L 1/6 JAN EATON ELYSE V 1/6 Q4QSTSW kRDMORE, OK 73401 'OLEMAN ISAIAH 'O BOX 11239 kSPEN, CO 81612 MUSSEN DAVID L AND TMAN FAMILY PARTNERSHIP MUSSEN RITA M 2907 LUCERN CT 209 W FELICITY ST ARLIGTON, TX 76012 ANGOLA, IN 46703 HOUSTON SAM LIMELITE INC HOUSTON AND O'LEARY 228 E COOPER 620 E HYMAN AVE 1`102 ASPEN, CO 81611 ASPEN, CO GUTNER KENNETH H REVOCABLE TRUST CARRIGAN RICHARD A JR GUTNER KENNETH H TRUSTEE 210 COOPER AVE #C2 PO BOX 11001 ASPEN, CO 81611 ASPEN, CO 81612 SUMMIT VIEW INC JACOBSON FAMILY TRUST 248 WASHINGTON ST 2168 SANTA MARGARITA DR TOMS RIVER, NJ 8754 FALLBROOK, CA 92028 SMITH LARRY J SAUNDERS-WHITE CAROL 537 NEWPORT CENTER DR 4263 PO BOX 8100 NEWPORT BEACH, CA 92660 ASPEN, CO 81612 SULLIVAN JOHN B CLARK ANDREA SULLVAN JUNE A 1060 W NORTH SHORE AVE 1207 BELMONT AVE CHICAGO, IL 60626 SAVANNA, IL 61074 HEDLUND REUBEN PRODINGER IRMA SEARS TOWER STE 5700 134 E HYMAN AVE CHICAGO, IL 60610 ASPEN, CO 81611 SCULL JAMES E CLASEN NORMAN E & LAURA B PO BOX 2051 PO BOX 1155 ASPEN, CO 81612 BASALT, CO 81621 BACSANYI ERNEST ALBERT & IRENE LADD EDWIN V JR & WILMA C WILMA 51 GREAT MEADOW LN COOBAC SANDRA L & DEAN P AVON, CT 4468 JUNIPER DR KEWADIN, MI 49648 HOUGH HAZEL C ZAUNER HEINZ JURGEN ONE BEACH DRIVE APT 41002 PO BOX 11947 ST. PETERSBURG, FL 33701 ASPEN, CO 81612 >CHUBERT JANICE M ALPINE KENDRA M QRRCUOTHERS MARILYN 'i0 HEARTHSTONE DR WOX 11433 E OPER ST #301 3ASALT, CO 81621 ASPEN, CO 81611 ASPEN, CO 81611 )TT JOHN GOLDSMITH DOUGLAS DAVID TYLER BERIT G 114 SECOND AVE 75810 ALTAMIRA DR 4900 N OCEAN BLVD APT 1216 :ROYDEN, PA 19021 INDIAN WELLS, CA FT LAUDERDALE, FL 33308 ?UAINTON KIM F LONE EAGLE TRUST FUQUA ALVAH D JR & DIANNE L i408 WALNUT SPRINGS DR PO BOX 3550 446 LAKE SHORE DR k LINGTON, TX ASPEN, CO 81612 SUNSET BEACH, NC 28468 WICHMANN VICTORIA PRODINGER IRMA NELSON ARLENE 19 E COOPER AVE #4 PO BOX 1245 119 E COOPER ST #6 kSPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 -TILL SAM MILLER R GREG KEITH JOHN III 'O BOX 10216 PO BOX 4577 300 PUPPY SMITH ST #205-230 kSPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO -ENZL SUSAN SIMMONS GREGORY T HOHMANN ARTHUR J 'O BOX 6024 119 E COOPER AVE APT 12 PO BOX 12392 3NOWMASS VILLAGE, CO 81615 ASPEN, CO 81611 ASPEN, CO 81612 R,UMSEY DANIEL W GUBSER NICHOLAS J WEINGLASS LEONARD 335 DETROIT ST UNIT 406 PO BOX 870 PO BOX 11509 DENVER, CO ASPEN, CO 81612 ASPEN, CO 81612 ALLEN DOUGLAS P HERRON SANDRA POPKIN PHILIP G 600 E HOPKINS STE 302 129 SUNSET WY 402-01 PO BOX 7956 ASPEN, CO 81611 ACACIA BLOCK CLEMENTI PARK ASPEN, CO 81612 SINGAPORE, 597157 CUR -RAN CHRISTINA H NOONAN ELIZABETH A TRUST GEORGIEFF KATHERINE TRUSTEE OF 2 ELLESMERE CT 1450 SILVER KING DR THE KATHERINE GEORGIEFF 311 BUXTON RD MACCLESFIELD CHESHIRE, ASPEN, CO 81611 REVOCABLE LIVING TRS #I I TOPPING LN ST LOUIS, MO 63131 AMRITA ANAND ALGIENNE TRUST KEITH JOHN III CALLAHAN PATRICIA AMRITA ANAND ALGIENNE 300 PUPPY SMITH ST #205-230 0184 MOUNTAIN LAUREL DR TRUSTEE ASPEN, CO 81611 ASPEN, CO 81611 PO BOX 772084 STEAMBOAT SPRINGS, CO 80477 ;AUFMAN STEVEN B TRUST ATE JALEH • '/O VIRGINIA HARLOW DURANT #7 1554 ESCALANTE ASPEN, CO ;ARBONDALE, 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 TDER HAROLD L MORRONGIELLO CHARLES T ELLIS DIANA R TDER ZETTA F MORRONGIELLO LYDIA A 364 SAINT CLOUD RD 10 E HYMAN AVE 44 18 SCHOOL LN BEL AIR, CA 90077 kSPEN, CO LLOYD HARBOR, NY 11743 3USH ALAN D SHOAF JEFFREY S SULLIVAN PHILIP 10 E HYMAN AVE 47 PO BOX 3123 1540 MONACO PARKWAY kSPEN, CO 81611 ASPEN, CO 81612 DENVER, CO 80220 FANGUAY MICHAEL L WHITMAN WENDALIN GIBSON & RENO ARCHITECTS !10 AABC STE FF 210 E HYMAN #101 210 E HYMAN AVE #202 kSPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 GIBSON & RENO ARCHITECTS CHICAGO SNOWFLAKE INVESTMENT 3USH STEVEN S A COLORADO GENERAL GROUP INC !10 E HYMAN AVE 47 PARTNERSHIP C/O SHELL PROPERTIES CORP kSPEN, CO 210 E HYMAN AVE #202 950 NORTHERN AVE ASPEN, CO 81611 LAKE FOREST, IL 60045 -IMELITE INC LIMELITE INC A COLORADO CORPORATION PAAS LEROY G ?28 E COOPER AVE 228 E COOPER AVE ,kSPEN, CO 81611 ASPEN, CO 81611 n �l u ck, Pfan a 10 o � II 11 II 11 I 1 11 1 I ` 1 1 U U 1 1 1 N ; r I I - 1 1 1 , �>r 1 1 7900------------------------------- 1 ; I ---------------- 1 I 1 �3 E N ma ,-- ; I I I 1 i ----- `, -• ---- ------ 1 I .---------- r----------------- r r-- -- ----I I II I 1 I 1 i t i t I I - --r• I ; 1 ;-- I I I 1 1 1 I I 1 1 I i I I 1 1 , 1 I I ` ----- 1 I I I 1 1 1 I 1 1 1 Ir-_ II I I I 1 1 Q t' W i Q' 1 Q C.7 I I 1 1 I 1 I I 1 I I ` 1 I 1 I I 1 1 I I I 1 1 I 1 n I ; I I L. o4 5 t 9 V1�i°t '03 � SEt N° pE° G► F 9 ,�tt� P-,�j �q FE 7 C,N" ° 0 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 COMMISSIONER AND STAFF COMMENTS.......................................................................................................1 DISCLOSURE OF CONFLICTS OF INTEREST...................................................................................................2 MINUTES.....................................................................................................................................................................2 CODE AMENDMENT - WIRELESS TELECOMMUNICATIONS SERVICE FACILITIES AND EQUIPMENT...............................................................................................................................................................2 727 BAY STREET - ELDEN CONDITIONAL USE FOR ADU.............................................................................3 123 EAST HYMAN -DUPLEX CONDITIONAL USE REVIEW - 2 ADUS..........................................................5 940 EAST HYMAN - SIMPSON CONDITIONAL USE FOR ADU & RESIDENTIAL DESIGN WAVIER ....8 12 • MI 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. 1 111 Ilk, 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 1 ASPEN PLANNING -&ONING COMMISSIO JULY ZA 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. There was no conflicts of interest disclosed. MINUTES 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: CODE AMENDMENT - WIRELESS TELECOMMUNICATIONS SERVICE FACILITIES and EQUIPMENT 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. 2 • M 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: 727 BAY STREET - ELDEN CONDITIONAL USE FOR ADU 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. 3 ASPEN PLANNINGOZONING COMMISSION0__ DULY 21, 1998 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 0 • 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: 123 EAST HYMAN -DUPLEX CONDITIONAL USE REVIEW - 2 ADUs 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 G1 • 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 2 • 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). 7 ASPEN PLANNING &ONING COMMISSION DULY 21, 1998 PUBLIC HEARING: 940 EAST HYMAN - SIMPSON CONDITIONAL USE FOR ADU and RESIDENTIAL DESIGN WAVIER 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 • 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: OO finding that it was in greater compliance with the AACP (2) a more effective method of addressing the standard in question s0 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. C WWI W _ .\ ' ' I 2 1-0191 10WOLW1/1\ 1 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 OO design waivers requested. 10 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. ,I_ �,A,ftft& '42t�� Yckie Lothian, Deputy City Clerk 11 ASPEN PLANNING &ONING COMMISSION 0 AUGUST 4, 1998 COMMISSIONER COMMENTS..............................................................................................................................1 DISCLOSURE OF CONFLICTS OF INTEREST...................................................................................................3 MINUTES.....................................................................................................................................................................3 ■_ u.. :.i • Y 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. COMMISSIONER COMMENTS 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 Starr, 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. ASPENPLANNING NIN COMMISSION AUGUST 4 199 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/l/98 for the Aspen Mountain PUD. Garton said following that discussion would be the music tent. Bob Nevins clarified the 9/l/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. 2 • 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. MINUTES 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): 123 EAST HYMAN CONDITIONAL USE FOR 2 ADUs 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 3 • 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/2' from the property line and the new one could be 5' from the property line. Garton explained the commission 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'/2' 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 4 ASPEN PLANNING&ONING COMMISSIO 9 AUGUST 4, 1998 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; iThe Streets Department for mailboxes and street cuts; and, 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 A ASPEN PLANNING &ONING COMMISSION AUGUST 4, 1998 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. 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. (Buettow abstain) 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. Jackie Lothian, Deputy City Clerk G • � ExL.1151-r s RECEIVED JUL 0 9 1998 To: Mitch Haas, Planner COMMUNITY DEVELOPMENT Thru: Nick Adeh, City Engineer From: Chuck Roth, Project Engineer of Date: July 7, 1998 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. 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 transfor her 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 98M 156 OA JJN 18 '98 02: _ PI HSFEH - OUSING 1-_,FC: P. 1 • • 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) Black 69, Lots E & F, Aspen Original Townsite, Parcei ID No. .REW5,9_j:: 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 26.40.090, Accessory Dwelling Units, a unit shall contain not less than 300 square feet of net livable area and not more than 700 square feet of net livable area. 95: 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 -burner stove with oven, standard sink, and a 6- 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 light Natural light is defined 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. A deed restriction MUST be recorded PRIOR to building permit approval. The deed restriction shall be obtained from the Housing Office, I�tOATJ_QN: 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. VWPrrah123eh69S.adu �s��onsol o!afeo�c�¢nrfafion �rrcf 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 /✓j 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. DEPOSIT CERTIFICATE DEPOSITED THIS _ DAY OF_, 1"—IM SOOIC OF THE COUNTY'& LAID SURVEY PLATS AT _ PAGE AS RECEPTION N0. .THIS LAID SURVEY PLAT COWLIES WITH SECTION 36-51.102 COLORADO REVISED STATUES. COUNTY CLERK SECTION 12 TOWIISHI► 10 SOUTH, RANGE 85 WEST 61A ►M LN3 VId013 A30111�yr W 00 , ins L666tZ t 330 a1 A%133313 LOT D FOUND 2 CORS 5 RB NO CAP 5 RB ALUM CAP "GAMBA' CERTIFICATION 1. DAVID W. McBRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO. HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM A FIELD SURVEY PREFORMED UNDER MY SUPERVISION IN =L F CST, 199 AND IS TRUE AND CORRECT TO THE BEST OF KNOWLEDGE AND BELIEF. THIS CERTIFICATION IS VOID UNLESS WET STAMPED ON AN,� ORIGINAL BLUEPRINT. SIGN ED THIS 1-1: -6AY OF -SC-IT199..,�. r . .<• G DAV10 W. McBRIDE RLS 16129 i• I61i� '� c?'F Crt1•`I ACCORDING TO COLORADO LAW YOU WIT CWKNCE ANY LEGAL ACTION e GAGED IKON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, WY ANY ACTION GAGED UPON ANY DEFECT IN THIS PLAY SE COMIENCED NOIRE THAN TEN YEARS FROM THE DATE C.,E CERTIFICATION 1110 IEREON. -e,4 Sr 147*A,Zr fl8.8' 9 .2 FOUND SPI 7 SET NO. 4 RB 5' AS tN W/ RED CAP 99. 16129- 2-6- A EN$ 100.3' ••' 15 0 If w 12 ?? . m l< / 14100,0 / � L 17 / h ^ I STORY WOOD FRAME t HOUSE 100.2 ' 123'/ m M 18 2 . ,� z l 9' SPRUCES 100.7'T o I-100 7 0 11 r h / AREA - 6,000 SO.FT.•/- N _ /10 �— 101 1 ' 1 E` / 1 5" Structure BUILDING ENCROACHES I'•/ ALLY, y 102 1 ti GRAVEL PARKING 102.1' IW l ryl5'ACCESS ! UNDERGR01 0—UT I L I TIE S / EASEMENT BLOC,SET NO 4 Q W/ RED CAP 9 16129 s flfl.5' �99.1 � ® • ' ' WATER VALVE SCALE , I INCH - 10 FEET T B.M - 10) 0 r YPC 12707 13' 0 5 10 15 20 YEL CAP '2376' SET IN RAILROAD TIE FOUND BLOCK CORNER L F G E N D & NOTES N0. 5 RE BAR W/ TEL CAP 2376' HORZ. CONTROL FOUND SURVEY MONUMENT AS DESCRIBED 9 SET SPIKE SUIRVEY CONTROL PITKIN COUNTY TITLE, INC. TITLE COMMITMENT NO, PCT-11798 DATED MAY 01, 1997 WAS USED IN THE. PREPARATION OF THIS SURVEY ELEVATION DATUM IS ARBITRARY BASED ON T.B.M. 100.0' AS SHOWN SPOT ELEVATIONS —Ei WOOD FENCE O UTILITY BOX SPRUCE TREE DECIDUOUS TREE m A-flaMrnenf I R K LAND & CA TTLE CO LOTS E d F, BLOCK 69 CITY & TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 S. GALENA STREET l P.O. BOX 2506 ASPEN, COLO. 81611 PHONE/FAX (970) 925-3616 job no. 18131 SEPT. 10, 1907