HomeMy WebLinkAboutLand Use Case.CU.820 Bonita Dr.A68-96CASrL'T..OAD SUMMARY SHEET -CITY O~ ASPEN
DATE RECEIVED:
DATE COMPLETE:
PARCEL ID #
10/4/96
2735-122-09-008
CASE # A68-96
STAFF: Suzanne Wolff
PROJECT' NAME: 820 Bonita Dr. Conditional Use Review for ADU
Project Address: 820 Bonita Dr. Aspen, Co. 81611
APPLICANT: Josse hDunn ~c l'~~~~,z~
Address/Phone: P.O. Box 9075, Aspen, Co. 81611 T ~,~ , ~, ~ ( ,
REPRESENTATIVE: satnr ~ ~ ~~
Address/Phone: (~,~!~
RESPONSIBLE PARTY: Applicant Other Name/Address:
FEES DUE FEES RECEIVED
PLANNING $235 PLANNING $235 # APPS RECEIVED 12
ENGINEER $0 ENGINEER $ # PLATS RECEIVED
HOUSING $0 HOUSING $ GIS DISK RECEIVED: No
ENV HEALTH $0 ENV HEALTH $
CLERK $0 CLERK $ TYPE OF APPLICATION
TOTAL $235 TOTAL RCVD $235 Staff Approval
REFERRALS: -
^ City Attorney
City Engineer
^ Zoning
Housing
^ Environmental Health
J~Pazks
^ Aspen Fire Mazshal
^ City Water
^ City Electric
^ Clean Air Board
^ Open Space Boazd
^ Other:
^ CDOT
^ ACSD
^ Holy Cross Electric
^ Rocky Mtn Natural Gas
^ Aspen School District
^ Other:
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DATE REI"ERRED: I l I INITIALS: ~^''~ DATE DUE: ~Z ,~.
APPROVAL: Ordinance/Resolution # `~~ I Date: ~, q1
Staff Approval Date:
Plat Recorded: Book ,Page
CLOSED/FII.,ED DATE: INITIALS:
ROUTE TO:
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING
APPROVAL OF A CONDITIONAL USE TO LEGALIZE A BANDIT UNIT AS AN ACCESSORY
DWELLING UNIT FOR AllAM ROTHBERG AND JOE DUNN AT 820 BONITA DRIVE
Resolution No. 97-~
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, pursuant to Section 26.40.090(C) of the Code, a bandit unit may he legalized if it was
in existence prior to November 1, 1988, and if it meets the health and safety requirements of the Uniform
Building Code, as determined by the chief building official; and
WHEREAS, the Community Development Department received an application from Adam
Rothberg and Joe Dunn for a Conditional Use review to legalize a bandit unit as an accessory dwelling unit;
and
WHEREAS, the property is located at 820 Bonita Drive (Lo[ 19, West Aspen Subdivision, Filing
No. 1) and the existing structure contains three dwelling units; and
WHEREAS, the Housing Office, City Engineer, Parks Department and Community Development
Department reviewed the proposal and recommended approval with conditions; and
WHEREAS, during a public hearing at a regular meeting on January 7, 1997, the Planning and
Zoning Commission approved by a 4-2 vote the Conditional Use for an accessory dwelling unit, amending
the conditions recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission that the 820 Bonita Conditional Use
Review for an accessory dwelling unit containing approximately 600 square feet of floor area, is approved
with the following conditions:
Prior to the issuance of any building permits, the applicant shall comply with the following:
A. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County
Housing Office for approval. Upon approval of the deed restriction by the Housing Office,
the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders
Office with proof of recordation to the Community Development Department;
Kitchen plans shall be verified by the Housing Office to ensure compliance with
specifications for kitchens in ADUs; and
The applicants shall submit a building ~;ermit for the chief building official to inspect and determine
that the ADU complies with the health and safety requirements of the Uniform Building Code.
Any work required shall be completed prior to recording of the deed restriction.
;. Prior to issuance of a Letter of Completion for the ADU, the Community Development and
Housing staff shall inspect the unit to ensure compliance with the conditions of approval.
4. fhe applicants shall remove the existing boulders in the Qonita Drive right-of--way prior to issuance
of a. Letter of Completion for the ADU.
5. When a building permit is submitted to expand the existing building footprint or redevelop the
property, the applicants shall provide a site plan containing all of the information required for a tree
removal permit, driveway location and dimensions, site drainage plan, existing and proposed
easements, landscaping plan for the portion of the right-of--way between the edge of pavement and
the property line, and as further required by the Aspen Municipal Code.
6. Prior to issuance of a Certificate of Occupancy for any expansion of the existing building footprint
or redevelopment of the property, the applicants shall remove and replace the circular driveway
with a single driveway curb cut and shall submit as-built drawings in digital format to the
Aspen/Pitkin County Data Processing Department showing property lines, building footprint,
easements, encroachments, entry points for utilities and any other improvements
7. A tree removal and mitigation plan shall be submitted for review and approval by the Parks
Department prior to submission of any building permits for construction which would expand the
existing building footprint. Tree removal permits shall be required for the removal or relocation of
any tree greater than 4" caliper.
8. 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.
9. The applicants shall cease diversion of water to the pond from the ditch, unless proof of water
rights is provided to the City Water Department.
10. The applicants shall provide proof to the Community Development staff that the bandit unit was
in existence prior to November 1, 1988, prior to recording of the deed restriction for the ADU.
APPROVED by the Commission at its regular meeting on January 7, 1997.
Attest:
~J elk~'tCQ~CJ
ckie Lothian, Deputy City Clerk
Planning and Zoning Commission:
Sara Garton, Chair
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Mary Lackner, Acting Deputy Director /~~ /~
FROM: Suzanne Wolff, Planner
RE: 820 Bonita Conditional Use Review For an Accessory Dwelling Unit (ADU) -Continued
Public Hearing
DATE: January 7, 1997
SUMMARY: This application was tabled by the Commission on December 10. The issue was raised at
that time as to whether or not the applicant would be required to provide an ADU to legalize the existing
residence. Since the duplex was in existence prior to the adoption of the ADU regulations, an ADU is not
required. The applicants may pull the application and remove the illegal third unit, or may continue with
the processing of this application to legalize the unit as a voluntary ADU. The applicants have not yet
notified staff as to their intent, therefore, staff is unsure if this item will be removed from the agenda, or if
we will proceed with the ADU review.
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MEMORANDUM
TO: Aspen Planning and Zoning Commission M ~
THRU: Mary Lackner, Acting Deputy Director /~,F~~
FROM: Suzanne Wolff, Planner
RE: 820 Bonita Conditional Use Review For an Accessory Dwelling Unit (ADU) -Public
Hearing
DATE: December 10, 1996
SUMMARY: The applicant is requesting conditional use approval for an ADU within an existing
residence, which presently contains three dwelling units. In order to legalize two of the dwelling units as a
duplex, the third unit is proposed to be deed-restricted as an ADU. The applicants propose to
condominiumize and remodel the duplex. The application packet is attached as Exhibit A. Staff
recommends approval of the conditional use for an accessory dwelling unit with conditions.
APPLICANT: Adam Rothberg & Joseph Dunn
LOCATION: 820 Bonita Drive; Lot 19, West Aspen Subdivision, Filing No. 1
ZONING: R-15
LOT SIZE: 18,380 square feet
ALLOWED FAR: 5,123 square feet
REFERRAL COMMENTS: Please see comments from the Parks, Housing, and Engineering Deparhnents
attached as Exhibit B.
Parks Department: Rebecca Schickling notes that any expansion outside of the existing building footprint
could impact significant trees. A tree removal permit is required to remove any trees that exceed 4 inches in
diameter.
Engineering Department: Ross Soderstrom notes that the boulders in the Bonita Drive right-of--way shall
be removed. The circular driveway may remain until the existing dwelling is remodeled or the property is
redeveloped, at which time it shall be removed and replaced with a single driveway curb cut. The Water
Department is researching water rights, access easements and agreements regarding the irrigation ditch in
the rear of the property. Additional information will be provided at the meeting.
Housing Office: Cindy Christensen notes that the ADU is 4 square feet smaller than required (to obtain
duplex exemption, the ADU shall contain a minimum floor area of 600 square feet), but that the unit is
located on the second floor and obtains lots of natural light.
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STAFF COMMENTS: The ADU is located above-grade, contains approximately 600 net livable square
feet, obtains natural light from windows on the northwest and southeast sides of the unit, has a separate
exterior entrance and does not connect with either of the other two units.
Pursuant to Section 26.40.090(C) of the Code, a bandit unit may be legalized if it was in existence prior to
November 1, 1988, and if it meets the health and safety requirements of the Uniform Building Code, as
determined by the chief building official. The residence was built in 1968. According to the applicants, the
three units were in existence and separately rented before 1988.
Pursuant to Section 26.60.040, the criteria for a conditional use review are as follows:
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 purposed to be
located;
RESPONSE: A short-term goal of the Housing Action Plan of the Aspen Area Community Plan was to
develop "650 new affordable housing units, including employee-occupied ADUs to achieve the identified
current unmet need to sustain a critical mass of residents". The R- 15 zone district is intended for "long-
term residential purposes," and is an appropriate zone for ADUs.
B. The conditional use is consistent and compatible with the character of the immediate vicinity of the
parcel proposed for development and surrounding land uses, or enhances the mixture of
complimentary uses and activities in the immediate vicinity of the parcel proposed for development;
RESPONSE: In staffs opinion, the proposed ADU is compatible with the surrounding single-family and
duplex development. The three units have historically been rented separately; this approval would legalize
the existing use of the property.
C The location, size, design and operating characteristics of the proposed conditional use minimizes
adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking,
trash, service delivery, noise, vibrations and odor on surrounding properties;
RESPONSE: This dwelling units are in existence, and, therefore, will not create additional impacts on the
surrounding area. This approval would legalize the duplex and provide an ADU to comply with the housing
mitigation requirements. Five on-site parking spaces are required: two spaces per dwelling unit and one
space for the ADU. The garage and driveway are adequate to accommodate the required spaces.
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, ftre protection, emergency
medical services, hospital and medical services, drainage systems, and schools;
RESPONSE: No additional infrastructure is required to legalize the duplex or to accommodate the ADU.
E. The applicant commits to supply affordable housing to meet the incremental need for increased
employees generated by the conditional use;
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RESPONSE: The ADU must comply with the Housing Guidelines and must be deed restricted. Pursuant
to the newly adopted amendments to the ADU regulations (Ordinance No. 38, Series of 1996), a maximum
of 350 square feet or 50% of the size of the ADU may be excluded from the allowable floor area
calculations only if the unit is deed restricted, registered with the housing office and available for rental to
an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. If
the unit is deed restricted, but not registered, the floor area exclusion 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.
RESPONSE: Section 26.100.050(A)(2)(c) of the Aspen Municipal Code allows a duplex to be exempt
from GMQS competition if the applicant complies with one of four options. The applicants have chosen to
create two free market dwelling units, which requires them to provide one accessory dwelling unit with a
minimum area of 600 square feet. Although the unit does not meet this minimum requirement (the unit
only contains 596.5 square feet), staff supports approval of the unit since the difference is extremely
minimal and the unit is already in existence.
STAFF RECOMMENDATION: Staff recommends approval of the ADU at 820 Bonita Drive with the
following conditions:
Prior to the issuance of any building permits, the applicant shall comply with the following:
A. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County
Housing Office for approval. Upon approval of the deed restriction by the Housing Office,
the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders
Office with proof of recordation to the Community Development Department;
B. Kitchen plans shall be verified by the Housing Office to ensure compliance with
specifications for kitchens in ADUs; and
2. The applicants shall submit a building permit for the chief building official to inspect and determine
that the ADU complies with the health and safety requirements of the Uniform Building Code.
Any work required shall be completed prior to recording of the deed restriction.
3. Prior to issuance of a Letter of Completion for the ADU, the Community Development and
Housing staff shall inspect the unit to ensure compliance with the conditions of approval.
4. The applicants shall remove the existing boulders in the Bonita Drive right-of--way prior to issuance
of a. Letter of Completion for the ADU.
5. When a building permit is submitted to expand the existing building footprint or redevelop the
property, the applicants shalt provide a site plan containing all of the information required for a tree
removal permit, driveway location and dimensions, site drainage plan, existing and proposed
easements, landscaping plan for the portion of the right-of--way between the edge of pavement and
the property line, and as further required by the Aspen Municipal Code.
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6. Prior to issuance of a Certificate of Occupancy for any expansion of the existing building footprint
or redevelopment of the property, the applicants shall remove and replace the circular driveway
with a single driveway curb cut and shall submit as-built drawings in digital format to the
Aspen/Pitkin County Data Processing Department showing property lines, building footprint,
easements, encroachments, entry points for utilities and any other improvements
A tree removal and mitigation plan shall be submitted for review and approval by the Parks
Department prior to submission of any building permits for construction which would expand the
existing building footprint. Tree removal permits shall be required for the removal or relocation of
any tree greater than 4" caliper.
8. All material representations made by the applicant in the application and during public meetings
with the Planning and Zoning Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION: "I move to approve the conditional use for an ADU at 820 Bonita Drive
with the conditions as outlined in the Community Development Department Memo dated December ] 0,
1996".
Exhibits:
"A" -Application Packet
"B" -Referral Comments
NCtY 27 '9ti ~1 ~ 24PN fiSPEN H[)USING OFD
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MEMQRANDUM
TD: Susanne Wolff, Community Development Dept.
FRAM: Cindy Christensen, Housing Offitre
DATE: November 27, 1998
RE: $20 Bonita Conditional Use for an ADU
parcel ID No. 2735-122-t19-OOB
P.1
Exhibit B
1~$UE: There ate three existing units within a structure, which they are all presently
illegal The applicant is requesting to use one of the units as an ADU, and the other two
will then be a legal duplex.
B,ACKGRaUND: This was asingle-family home modified into a triplex. The new owners
wish to bring these units under compliance, therefore, they are asking tv change one of
the units into an accessary dwelling unit. According to Section 2f3.100,050 A, 2, c,
Detached single-famf)y or duplex tfwletJfng units, this exemption shall only apply if the
following standards are met:
(7~ Duplex. In orcter to qual~Yy for a duplex exemption, the applicant shall have four apfions:
(a) providing one free market dwelling unit and one deed restricted, resident-occupied dwelling
unit Nfilh a mintmum flaw area OF t,50D sgsaare fcef;
(b} providing two free market dwelling unite and one accessory dwering and with a minimum
floor at6a of B00 square feet;
{c) providing two dead restricted, resident-occupied dwelling units, or
(d) paying the applicable affordable housing impaq file.
The applicant wishes to comply with (b] above. The total square footage of the accessary
dwelling unit is 596.5 square feet and is to be located on the second floor. This is about
4 feet smaller than required, but is located on th@ second floor with lots of light and has
parking,
REC~MENDATIbN: Staff recommends approval as long as the following conditions
are met:
the kitchen wntains at least a lwo~urner stave with oven, standard sink,
and a B-cubic foot refrigerator plus freeaer;
2. an accessory dwelling unit deed restriction needs to be recorded before building
permit approval; this form is provided by the Housing t3ffit:e; and
3. Housing staff inspects the unit prior to Cert~cate of Qccupancy.
YefanaP6anMu.1 a7
Memorandum
TO: Suzanne Wolff, Community Development
FROM: Rebecca Schickling, Pazks Depaztment
DATE: November 26, 1996
RE: 820 Bonita Conditional Use Review for an ADU
We have reviewed the application for conditional use for an ADU. The application as it exists
now appeazs only to be an interior remodel to conform to the bandit unit to a legal ADU.
However, if any expansion occurs outside of the building envelope, then the applicant should
contact the Pazks Department as soon as possible (even if only with conceptual plans). There aze
numerous significant trees on this lot that could be impacted by the expansion or reconstruction of
the exterior of the building. Any trees proposed to be removed that exceed 4 inches in diameter
may require a trees removal permit.
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MEMORANDUM
To: Suzanne Wolff, City Planner
Thru: Nick Adeh, City Engineer
From: Ross C. Soderstrom; Project Engineer /~¢
Date: December 2, 1996
Re: 820 Bonita Conditional Use Review for an ADU
(820 Bonita Drive; Lot 19, West Aspen Subdivision, Filing I, City of Aspen, CO)
After reviewing the above referenced application and making a site visit I have the following
comments:
1. R-O-W Encroachment: The existing boulders in the Bonita Drive right-of--way in front
of the property need to be removed at this time to clear the right-of--way of obstmctions. Only soft
landscaping features aze acceptable in the right-of--way between the property line and the edge of
pavement.
2. Trash & Utility Areas: Any new surface utilities requiring a pedestal or other above
ground equipment must be installed on an easement provided by the property owner and not located in
the public rights-of--way. Any new easements must be recorded prior to issuance of the building
permit. All existing and any new easements for utilities shall be shown on the final improvement
plans submitted for the building permit.
3. Site Drainage: The new development cannot release more than historic (pre-
development) storm run-off from the site and any increase in storm run-off must be first routed and
detained on the site. The proposed legitimization of the existing interior ADU, without modification
or remodeling of the existing building exterior, would not increase the site generated drainage flows.
4. ~ Driveway & Parking: The existing circulaz driveway may remain until such time as
the existing dwelling is remodeled or the property re-developed at which time it should be removed.
Residential properties in this zone district aze permitted to have one (1) driveway curb cut up to ten
(10) ft in width for a single width driveway or up to eighteen (18) ft in width for a double width
driveway.
1 OF 2
DRCM2396.DOC
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Memo - 820 Boni[a Conditional Use l~"iiew for an ADU
When the non-conforming portion of the circular driveway is removed, the driveway pavement shall
be removed to the edge of the public roadway pavement and the shoulder of the road will be restored
and landscaped in a manner to discontinue the use of the former curb cut and driveway entrance to the
property.
The site plan shall contain all the information required of a tree removal permit, driveway location and
dimensions, site drainage plan, existing and proposed easements, landscaping plan for the portion of
the R-O-W between the edge of pavement and the property line, and as fiulher required by Aspen
Municipal Code.
5. Irrigation Water & Ditch: At the time of submitting this referral memorandum, the Water
Dept. was continuing to research water rights, access easements and agreements regarding the
irrigation ditch and water which crosses through the back of the property. Final recommendations
will be provided to the City Planner to present at the Planning and Zoning Committee Meeting.
Unless there is an adequate existing easement for the irrigation ditch (not indicated on the plat
submitted with the application), the property owners may be required by the ditch owners to dedicate
and record a ten (10) foot wide irrigation ditch easement, centered on the existing irrigation ditch, as
a condition of approval of the present application for the ADU. The submitted Improvement Survey
Plat then shall be brought into compliance with Colorado State and Aspen Municipal Codes.
6. Utility Easements: The present application for an ADU is only to legitimize an existing
unit without changes to the exterior or historic use of the building. As such, the existing easements are
sufficient for the present use. There does not appear to be any encroachments in the easements and
any additional development / re-development should avoid encroaching into or over the utility
easements.
7. Record Drawings: When the building footprint is remodeled or the property re-developed
and prior to C.O. issuance, the building permit applicant will be required to submit to the Aspen/Pitkin
County Data Processing Dept. as-builts drawings for the project showing the property lines, building
footprint, easements, encroachments, entry points for utilities entering the property boundaries and any
other improvements.
2OF2
DRCM2396.DOC
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MESSAGE DISPLAY
TO Ross Soderstrom CC Suzanne Wolff
CC Dominick Lanese
From: Phil Overeynder
Postmark: Dec 05,96 4:29 PM
Subject: Reply to a reply: 820 Bonita
---------------------------------------------------------------------
Reply text:
From Phil Overeynder:
There is no evidence in our recrds that the propety has a raw water
license from the City or separate rights of their own which would
permit them to store water in an off stream pond. Our water rights do
not permit storage of ditch water at this location. Our water council
advises that we should condition ADU to require the use of the pond
to cease unless they can prove they have rights. Also if this
property uses raw water from ditch for irrigation they will be
required to enter into a raw water license agreement with City.
Preceding message:
From Ross Soderstrom:
I have the draft of the memo finished except for the questions about
1) easement for the ditch, 2) whether the property owner may use the
water, and if so, how much, and 3) whether the "pond" is already
permitted, if not, do we wish to make it permitted and under what
conditions. If we don't have all the questions & conditions
regarding the ditch answered in time, I will make a general reference
to the ditch & water rights and that the terms & conditions will be
presented at the mtg due to research time.
From Suzanne Wolff:
If possible, could you get your comments to me sometime tomorrow - my
memo is due on thursday. Thanks
----------=====7~====____-------
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To whom it may concern,
We, Adam Rothberg and Joseph Dunn, aze applying for a conditional use permit
for the property at 820 Bonita. The current zoning is for a Duplex. We are in the process
of legalizing the existing stmcture by:
1. Obtaining a conditional use permit for one the existing units within the existing
structure.
2. Condominiumizing the remaining two units according to the City of Aspen
guidelines.
3. Depending upon available financing, we aze planning either an extensive remodel or
a minor remodel.
The current owners of the property are Adam Rothberg and Joseph Dunn.
Adam Rothberg
1695 Silverking Dr
Aspen, CO 81611
925-1252
Joseph Dunn
950 Matchless Dr
Aspen, CO 81611
925-5476
There is one mortgage on the property through Southern Pacific Funding Corporation
located at 4100 E Mississippi Ave. Denver, CO 80222.
The legal address of the property is Lot 19, West Aspen Subdivision Filing No. 1 Pitkin
County, Colorado.
Currently there are 3 existing units within the structure. It is our intention as new owners
to bring these units into comphance with the current Aspen Code. The first step in this
procedure as prescribed the the City of Aspen planning office is the conditional use permit
for the ADU. Assuming that we aze granted this permit we are planning a remodel as
stated above. The unit which we are designating the ADU is less than 700 sq. ft. and fits
the description according the the City of Aspen Code.
ilc you for your considefation,
Adam Rothberg `/-Josep nn
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To whom it may concern,
This letter shall address the review standards set forth for the conditional use
permit application for an accessory dwelling unit.
A. We, Adam Rothberg and Joseph Dunn, acquired Lot 19, filing # 1 with the intention of
legalizing the house within its permitted uses. The lot is zoned for a duplex, and according
to County Code 26.40.090 concerning accessory dwelling units, the unit we wish to
designate as the accessory dwelling unit fits all requirements of the city. The zone district
requires that upon the condominiumization of a duplex, the applicants must meet one of 4
requirements. The requirement that we are meeting is the provision of the ADU. This is a
legal and common use within our zone district and is in compliance with the Aspen Area
Comprehensive Plan.
B. The property has long been rented out as a 3 unit complex, before Nov 1, 1988, (bandit
unit legalization deadline) and it is our intention to beautify the propery and bring it into
compliance with all of the City of Aspen's requirements for a duplex. The property
immediately next door has just been built into a duplex unit and our property fits into the
neighborhood perfectly with its present zoning as a duplex.
C. The size of the unit designated as the ADU is approximately 600 sq. ft. It has been
rented out long term to an employee in Pitkin County. The unit already fits into the
requirements of a conditional use AqU. Our intention is to comply with the city so that
our house is completely legal in every sense. Off street parking is already provided and
should we obtain financing for a more extensive remodeling, then we will supply an
additional garage for side of the duplex which we hope to construct. The property is
presently separated into 3 units. Depending upon available financing, we plan to exercise
on of two options.
1. According to Aspen City Planners, first obtain the conditional use permit for the
existing ADU allowing us to condominiumize the existing units into a duplex.
2. According to Aspen City Planners, first obtain the conditional use permit for the
existing ADU before engaging in an extensive remodel. This option is wmpletely
dependent upon available financing.
There will be no additional visual impacts as the ADU is attached to the back of the house
where it is completely enclosed by trees. In addition, there will be no impact on pedestrian
traffic or vehicular traffic whatsoever. To the best of our knowledge there has never been
any complaints about noise and all of the neighbors who we have been able to contact are
agreeable to our needs.
D. All public facilities are adequate to supply the existing units, since we have the biggest
lot on the block with one of the smallest stnrctures. 820 Bonita is just off of Cemetery lane
and all county services are readily available.
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E. The intention of the ADU is to comply with the affordable housing guidelines.
F. Upon meeting with County Planners, to the best of our knowledge, we are in
compliance with all standards set forth by the Aspen Area Comprehensive Plan and all
other requirements.
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(:FNERAL WARRANTY DEED
MARGARET C. BIPPUS, whose address is ~~5~ C2l.~fi~t P.,r~.ei
~~Esr ~a.c.n ~,~,,~ t:eo.P~~.t 33•/D/ for the consideration of Ten Dollars
($10.00) and other good an~ valuable consideration, in hand paid, hereby sells and conveys to
JOSEPH P. DUNN b ADAM B. ROTHBERG AS TENANTS IN COMMON ,whoseaddress
P.O. BOX 9075 ASPEN CO 81612
~L.
following real property in the County of Pitkin, State of Colorado:
LOT 19, WEST ASPEN SUBDIVISION, FILING NO. 1
also known by street and number as: ~~ D"d1.~.c. ~- ~~Piy~ As,.2~i~ , (p~~ ~clo ~i6 ii
Aspen, CO 81611 with all its appunenances, and warrants the title to the same, subject to and
except for:
1. General taxes for 1996 and thereafter payable in 1997 and thereafter.
2. Bui]ding and zoning regulations.
`~ 3. Right of the proprietor of a vein or lode to ectract or remove his ore therefrom, should
~'~, the same be found to penetrate or intersect the premises hereby granted as reserved in
f_ United States Patent recorded in Book 55 at Page 33.
.,
~ti_ 4. Easements, rights of way and all matters as disclosed an Plats of subject property
~j _ recorded in Plat Book 3 at Page 252.
5. Easement and right of way for utilities as set forth in instrument recorded January 21,
1968 in Book 235 at Page 118.
ALL REFERENCES BEING TO THE REAL PROPERTY RECORDS OF PITKIN COUNTY,
COLORADO.
Signed this ~1 day of July, 1996.
. ~.
MARGA T C. BIPPUS
[Notary Block to Follow)
1
,;. .
` ~:
J
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was aclrnowledged before me this ~, day of July, 1996, by
Margaret C. Bippus. __,._
ANN C BRUMBACR
Witness my hand and official seal. M~~~~~,r
My commission expires: No. Gc 980108
Boded ODU~t lb/4n-MiH/n~
~Lil /i ./i ~ ry /.~ ~G CJL_
Notary Public
~umtP~..ewa
2
I
Nhoa roccrded sail for
80UTH81itB PACIFIC FUADIIIG CORPOAaTIOti
6800 IYDIAatA At>aOE, #110 ~
122VE8SIDE, CA 92506
LOAA #r 0200602583
span Above Itie IJaa Fot Rccond"me
DEED OF TRUST
THIS DEED OF TRUST (' `Security Lrsuument") is made on AIIGIIST 9 , 19 9 6 , among the grantor,
JOSEPH P. DVNN AND ADAM B. ROTBBBRG'
("Httrrower"),
the Public Ttusree of PIT&IN Couary ("Trustee"), and
the beneficiary SODTHERN PACIFIC FDNDING CORPORATION, A CALIFORNIA CORPORATION
witch is organized and
existing under [he laws of THE STATE OF CALIFORNIA
and whose address is 6800 INDIANA AVENDE, #110, RIVERSIDE, CA 92506
("[.ender").
Borrower owes L:ndw the principal sum of FOIIR HIINDR&D SI][TY SEVEN THOIIBAND 1rIVE HtINDRSD*
AND NO/100*r++erererrrrreee•*:era*eerreerreserrr.t~i,rarsa,a,asf*.r~it*taDollus
(U.S. $467,500.00 ).Thisdebtiscvidertcedbyl3orrower's notedatedthesamcdatoasthisSeauityltawment("Nee"),
which provides fat monthly paymrnts, with the full debt, if not paid earlier, duc and payable on SEPTFI~ID2S:lt 1, 2 02 6 .
This Sav[ity IDAI UnletttleLVreS tol.ender: (a) the repayrnentof the lcbt evidencedby the Note, with interest, andall ROew^dIS, CxteaSions
and m~+r~~r~ons of the Note; (b) the payntatt of aU othu sums, wi~h interest, advanced under pa[agraph 7 m pro, Xt the socuriry of this
Security InStrtitnetn; and (c) the perfomta[[ce of Botroacr's cavenartu and agtrctmots under this Security Instnu;, em and the No[e. For
this Purpose. Boratweer, inconsideration of the debt and the trust her do ematal, irrevocably grants and eomeys to "frtts[ee, intrust, with
power of sale, tht Following described property located in PIT'iCIN County, Colorado:
LOT 19, WFSST ABPEN SUBDIVISION, FILIITG NO. 1
AP #: 273512209008
which has the address of 820 BONITA DRIVE, ASP)iN
eolorado ai611 r•Prnpery address"),
t~P Codsl
enwttpno- so~at~ p,~-Fa~io)tra.rs5.aat. Mae trNlPO1tM wsrnustttNr
VbrFQt(CO) (9209) Forta30061N1 AmeadM SNI
covOEED 31 l COVD>SED Page Y of 5
(so-acs, curl.
Initials ~ ~~~ `T/~
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w,.:. , d
PUBLIC NOTICE
RE: 820 BONTTA DRIVE CONDITIONAL USE FOR ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 10, 1996
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 Joseph
Dunn and Adam Rothberg, requesting Conditional Use approval for an accessory dwelling unit
within the existing structure. The property is located at 820 Bonita Drive, and is described as Lot
19, West Aspen Subdivision Filing No. 1. For further information, contact Suzanne Wolff at the
Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-
5093.
s/Sara Garton, Chair
Aspen Planning and Zoning Commission
,<-~ .
,.. . ,
ASPEN/PITHIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-090 FAX# (970) 920-5439
November 18, 1996
Adam Rothberg
1695 Silverking Drive
Aspen, CO 81611
Re: 820 Bonita Drive Conditional Use for ADU
Case A68-96
Deaz Adam,
The Community Development Department has completed its preliminary review of the captioned
application. We have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission at a
Public Hearing to be held on Tuesday, Decemer 10, 1996 at a meeting to begin at 4:30 p.m. Should
this date be inconvenient for you please contact me within 3 working days of the date of this letter.
After that the agenda date will be considered final and changes to the schedule or tabling of the
application will only be allowed for unavoidable technical problems. The Friday before the
meeting date, we will call to inform you that a copy of the memo pertaining to the application is
available at the Community Development Department.
Please note that it is your responsibility to mail notice to property owners within 300' and to post
the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a
photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the
public hearing.
If you have any questions, please call the planner assigned to your case, Suzanne Wolff, at 920-
5093.
Sincerely,
~~
~~~ ~~~~
Rhonda Harris
Administrative Assistant
~~
ASPEN/PITHIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5090 FAX (970) 920-5439
September 5, 1996
Adam Rothberg
RE: 820 Bonita Drive Conditional Use Review for ADU
Dear Adam,
The Community Development Department has completed its preliminary review of the captioned
application. We have determined that this application is incomplete, and will not schedule the
application until we receive the following information.
/1. Fee of $235
2. Site plan (12 copies)
3. Elevations (12 copies)
/4. Response to review standazds (12 copies)
5. ADU floor plan, including kitchen, bath, etc. (12 copies)
6. Please identify the ADU on the first or second floor plan view (Unit 2?)
If you have any questions, please call me at 920-5093. Thank you.
Sincerely,
~~~~
Suzanne L. Wolff
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