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HomeMy WebLinkAboutLand Use Case.CU.1420 Red Butte Dr.A70-93J �Jjo R0�, � w4 t -Pv e42Cr• Bellock Cond. Use & Stream �� Margin b A70-93 2735-013-02-007 01 ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611,-, L _ Ct e (303) 920-5090 L(3� A7�, LAND USE APPLICATION FEES CITY: -63250-134 GMP/Conceptual -63270-136 GMP/Final -63280-137 SUB/Conceptual -63300-139 SUB/Final t-63310-140 All-2 Step Applications -63320-141 All 1 Step Applications -63330-150 Staff Approval -63432-157 Zoning Plan Check -63432-157 Sign Permit -00100-00000-31070 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption — -- -- -63336-152 Minor -63337-153 Major Devel. -63338-154 Signif. Devel. -63339-155 Demolition COUNTY: -63160-126 GMP/General -63170-127 GMP/Detailed -63180-128 GMP/Final -63190-129 SUB/General -63200-130 SUB/Detailed -63210-131 SUB/Final -63220-132 All 2 Step Applications -63230-133 All 1 Step Applications -63240-149 Staff Approval -63450-146 Board of Adjustment -63235-148 Zoning Plan Check REFERRAL FEES: -6335,0-143 Engineering - County 00115-63340-163 Engineering - City 00123-63340-190 Housing 00125-63340-205 Environmental Health PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL Name: Address: Check #: _ Date: Phone: — Project --- --— — - - — No of Copies: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 12/09/93 PARCEL ID AND CASE NO. DATE COMPLETE: 2735-013-02-007 A70-93 STAFF MEMBER: LL PROJECT NAME: Bellock Conditional Use Review for an ADU & Stream Margin Review Project Address: 1420 Red Butte Drive Legal Address: Lot 6 Block 1 Red Butte Subdivision APPLICANT: Chuck Bellock 442-2299 Applicant Address: 1400 28th St, Ste. 1, Boulder, CO 80303 REPRESENTATIVE: Rob Okazaki, Ted Guy Assoc. Representative Address/Phone: Box 1640 Basalt, CO 81621 927-3167 FEES: PLANNING $ 942 # APPS RECEIVED _3 ENGINEER $ 93 # PLATS RECEIVED 3 HOUSING $ ENV. HEALTH $ TOTAL $1035 TYPE OF APPLICATION: S FF APPROVAL: 1 STEP: X 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES' NO VESTED RIGHTS: YES NO CC Meeting Date DRC Meeting Date REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other DATE REFERRED: �� �� INITIALS: DUE: FINAL ROUTING: DATE __ ____________w DATE ROUTED: INITIAL: City Atty City Engineer Housing Open Space FILE STATUS AND LOCATION: Zoning Env. Health Other: 4J 4 ,7'752 1 B-770 P-S*a 1 /'C--, 7/94 OC) : c4A PG 1 0 F Li_ SIL_VIA DAVIS FIl"E;IN COUNTY CLERK & RECORDER REC C-O. 00 \ RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION I GRANTING CONDITIONAL USE APPROVAL FOR AN ATTACHED ACCESSORY DWELLING UNIT WITHIN A SINGLE FAMILY RESIDENCE AND STREAM MARGIN REVIEW AT 1420 RED BUTTE DRIVE (BLOCK 1', LOT 6, RED BUTTE SUBDIVISION) FOR CHUCK BELLOCR Resolution No. 93-W DOC `/ 7 G t,, WHEREAS, pursuant to Section 24-5-510 of the Aspen Land Use Regulations accessory dwelling units may be approved by the Planning and Zoning Commission as conditional uses in conformance with the requirements of this Section; and WHEREAS, the Planning Office received an application from Chuck Bellock, represented by Stan Mathis, for a Conditional Use review for an approximately 475 sq.ft. accessory dwelling unit within the second floor of the proposed single family residence; and WHEREAS, the new single family residence is replacing an existing residence on the parcel and the accessory dwelling unit is being provided as affordable housing mitigation as required by Ordinance 1, Series 1990; and WHEREAS, the proposed unit is 100% above grade, therefore the site is eligible for an FAR bonus pursuant to Section 24-3-101; and WHEREAS, the new single family residence is subject to Section 24-7-504 Stream Margin Review because it is located within 100 feet from the high water line of the Roaring Fork River; and WHEREAS, a public hearing was conducted on February 15, 1994, at a regular meeting of the Aspen Planning and Zoning Commission, in which the Commission considered the applicant's request and voted 4-0 for,approval with conditions. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Bellock Stream Margin Review and Conditional Use for an approximately 475 sq.ft. net livable accessory dwelling unit is approved, subject to the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with a minimum six month lease. Upon approval by the Housing Authority, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits, a copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 37751 1 B-770 P-G__9 1',2./'27/94 11I9:'4A PG c uF 4 Resolution #94- Page 2 3. The acc;=_ssory dwelling unit shall be clearly identified as a separate dwelling unit on building permit plans and shall -comply with U.B.C. Chapter 35 sound attenuation requirements. 4. During building permit plan review, the Zoning Enforcement Officer shall make the final determination that the unit meets the minimum size requirement of 300 sq.ft. net liveable as defined in the Housing Authority Guidelines. The accessory dwelling unit cannot be less than 300 sq.ft. 5. As recommended by the City Engineer, the applicant shall comply with the following conditions: a. The applicant shall sign and execute a sidewalk, curb, and gutter agreement with the City Engineer prior to the issuance of any building permits. b. The applicant shall designate parking spaces, the pedestrian walkway space in the public right-of-way, fisherman's easement, building envelope, and the trash area on the final development plan, prior to issuance of any building permits. Once this final development plan 1 is approved by the Engineer and Planning Office's it j shall be filed with Pitkin County Clerk and Recorder's Office.. C. The applicant shall obtain an encroachment license for the fence which encroaches into the public right-of-way or relocate the fence onto private property, prior to issuance of any building permits. d. The applicant shall consult city engineering (920-5080) for 'do -sign considerations of development within public right-of-ways, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights - of -ways from city streets department (920-5130). e. A drainage plan prepared by a registered engineer shall be submitted to and approved by the City Engineer, prior to issuance of any building permits. 6. The Zoning Enforcement Officer shall ensure that erosion fencing and geogrids are in place prior to any earthmoving - activities. Erosion fencing and geogrids shall be erected immediately adjacent to the construction envelope during all phases of construction. No construction equipment is permitted outside the northern edge of this envelope. This shall prevent any construction debris, soil, rock or vegetation from impacting the stream bank and river. S -3775L 1 B- 770 P-3320 1 `/.7/94 09 : C4A PG C]F 4 Resolution #94-_ Page 3 7. No existing vegetation, other than turf, shall be removed between the building envelope and the river. 8. A fisherman's easement must be filed with the Pitkin County Clerk and Recorder, prior to the issuance of any building permits. This easement shall include the land area under the Roaring Fork River, and on land, a five foot distance measured horizontally from the high water line. 9. Prior to removal of any trees, the applicant shall obtain a tree removal permit from the Parks Department. The applicant is required to either guarantee that the trees survive for up to two years after relocation or, should they die, that they are replaced with comparable trees. Excavating around existing trees will need to be done outside of the dripline of all trees. 10. For new landscaping and irrigation, the applicant shall comply with Ordinance 37, Series 1991 for Water Conservation. This includes protecting existing trees outside of the envelope, replant with wildflower and native grasses on disturbed areas of the site, and limit urban turf treatments that could 1 adversely affect the river. 11. Prior to the issuance of any building permits, the applicant shall record either the amended Homeowner Covenants or waiver of the Homeowner Covenants which permit an accessory dwelling unit on Lot 6 of the Red Butte Subdivision. If an amendment or waiver from the Covenants cannot be obtained, the applicant shall pay the cash -in -lieu requirements. 12. The applicant shall relocate the proposed patio at least 10 feet back from the top of the stream bank in order to increase the buffer zone between the river and development. 13. 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. The site shall be periodically checked by the Zoning Enforcement Officer to enforce all conditions of this approval. APPROVED by the Commission at its regular meeting on February ` 15, 1994. 40 ' � Beoolu±ioo #94- �a�e 4 -- Attest: Deputy City lerk Planning i i W. Bruce Kerr, Chair 377521 B-770 P-331 12/27/94 09:24A PG 4 OF 4 0 MEMORANDUM TO: Aspen Planning and Zoning Commission RE: Red Butte Lot 6 Stream Margin Review and Conditional Use for an Affordable Dwelling Unit FROM: Mary Lackner, Planner DATE: February 15, 1994 SUMMARY: The Planning Office recommends approval of the Red Butte Lot 6 Stream Margin Review and Affordable Dwelling Unit with conditions. APPLICANT: Chuck Bellock, represented by Rob Okazaki of Ted Guy Associates. LOCATION: Lot 6, Block 1, Red Butte Subdivision, 1420 Red Butte Drive. ZONING: The lot is approximately 34,900 square feet and is located within the R-30 zone district. APPLICANT'S REQUEST: The applicant is seeking stream margin review to construct a new residence on the property and conditional use review to build an affordable dwelling unit. Both requests may be granted by the Planning and Zoning Commission at a public hearing. REFERRAL COMMENTS: Staff has received referral comments from the City Engineer, Parks Department and Housing Office. These comments are included as exhibits to this memo and comments are incorporated into the appropriate review sections. STAFF COMMENTS: The applicant is proposing to demolish an existing single family residence and replace it with a new structure. All development is located adjacent to the Roaring Fork River. Section 8-401(A) (1) (c) (1) requires that an accessory dwelling unit or cash - in -lieu be provided with the new dwelling unit. Therefore, this review contains Stream Margin review for the new residence and Conditional Use review for an accessory dwelling unit. Section 24-7-504(C) Stream Margin Review 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. Response: The proposed development is not within a Special Flood Hazard Area. The proposed development is proposed to be within two feet above and ten feet horizontally from the 100-year floodplain elevation. 0 0 2. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. Response: The AACP identified the northern side of the Roaring Fork River as an open space and trail corridor. There are no trails designated on this property. The Parks Department, Planning Office and City Engineer request that the applicant dedicate a fisherman's easement along the edge of the river. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent possible. Response: The Greenway Plan establishes goals for protecting the natural river corridor. The natural character of the area should be maintained for the benefit of those who see the area from the Rio Grande Trail. Following a site inspection by staff, it appears that the majority of riparian vegetation along the stream bank has been removed. In an effort to maintain the natural vegetation found along rivers, staff recommends landscaping requirements including protecting existing trees outside of the envelope, replant with wildflower and native grasses on disturbed areas of the site, and limit urban turf treatments that could adversely affect the river. Staff further recommends that the proposed patio be relocated a minimum of 10 feet back from the top of the stream bank in order to increase the buffer zone between the river and development. 4. No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. Response: The applicant offers that no erosion will take place because of construction or slope changes. Moving the patio back from the top of the stream bank will reinforce this requirement. 5. To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary. Response: The river channel will not be directly affected by this proposal. 6.' Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and a copy of said notice is submitted to the Federal Emergency Management Agency. Response: Not applicable. 2 E 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. Response: The applicant will be required to obtain a new stream margin review if the watercourse is being altered or relocated. Should such a request be made, this requirement will be applied at that time. 8. Copies are provided of all necessary federal and state permits relating to work within the one -hundred -year floodplain. Response: No work is proposed within the 100-year floodplain, therefore this requirement is not applicable. Section 24-7-304 Conditional Use Review 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; and Response: The proposed dwelling unit has the potential to house local employees, which is in compliance with the Aspen Area Community Plan and the underlying zone district. 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; and Response: The covenants of the Red Butte Subdivision do not permit any accessory dwelling units. The applicant has submitted correspondence which indicates that the covenants are in the process of being amended to permit accessory dwelling units within the subdivision. The City has approved two accessory dwelling units within the Red Butte Subdivision. City Attorney, John Worcester has advised staff that prior to the issuance of any building permits, the applicant shall record the amended Homeowner Covenants which permit accessory dwelling units within the subdivision. The unit will not be visible as a distinct unit from the exterior of the residence. 3 • 0 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; and Response: The accessory dwelling unit will be completely contained within the proposed residence. Parking spaces are not indicated on the site plan. The final development plan must indicate the appropriate number of parking spaces for the development. However, no parking is required to be provided for the accessory dwelling unit. As per past P&Z concerns, a recommended condition of approval requires that the unit be identified on building permit plans as a separate dwelling unit requiring compliance with U.B.C. Chapter 35 for sound attenuation. The applicant has proposed a roof design that will shed snow away from the ADU's entrance. Staff has requested that a pedestrian area be provided by the applicant along the right-of-way of Red Butte Drive. This pedestrian area shall be indicated on the final development plan. 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; and Response: All public utilities are adequate and in place throughout the neighborhood and for the proposed residence and ADU. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Response: The proposed ADU will satisfy the requirements of 24- 8-401(a) (1) (C) (1) for a demolished and replaced single family residence. The applicant must file the appropriate deed restrictions for resident occupancy, including a six month minimum lease. Proof of recordation must be forwarded to the Planning Office prior to issuance of any building permits. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Community Plan and by all other applicable requirements of this chapter. Response: This use complies with the Aspen Area Comprehensive Plan and all other applicable conditional use standards. 4 • • NOTE: As this accessory dwelling unit is 100o above grade, the main structure is eligible for a floor area bonus per Section 24- 3-101. STAFF RECOMMENDATION: Planning staff recommends approval of the Bellock Conditional Use for a 475 sq.ft. one bedroom accessory dwelling unit and Stream Margin Review, subject to the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with a minimum six month lease. Upon approval by the Housing Authority, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits, a copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 3. The accessory dwelling unit shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 4. During building permit plan review, the Zoning Enforcement Officer shall make the final determination that the unit meets the minimum size requirement of 300 sq.ft. net liveable as defined in the Housing Authority Guidelines. The accessory dwelling unit cannot be less than 300 sq.ft. 5. As recommended by the City Engineer, the applicant shall comply with the following conditions: a. The applicant shall sign and execute a sidewalk, curb, and gutter agreement with the City Engineer prior to the issuance of any building permits. b. The applicant shall designate parking spaces, the pedestrian walkway space, fisherman's easement, building envelope, and the trash area on the final development plan, prior to issuance of any building permits. Once this final development plan is approved by the Engineer and Planning Office's it shall be filed with Pitkin County Clerk and Recorder's Office. C. The applicant shall obtain an encroachment license for the fence which encroaches into the public right-of-way or relocate the fence onto private property, prior to issuance of any building permits. • d. The applicant shall consult city engineering (920-5080) for design considerations of development within public right-of-ways, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights - of -ways from city streets department (920-5130). e. A drainage plan prepared by a registered engineer shall be submitted to and approved by the City Engineer, prior to issuance of any building permits. 6. Erosion fencing and geogrids shall be erected immediately adjacent to the building envelope during all phases of construction. No construction equipment is permitted outside the northern edge of the building envelope. This shall prevent any construction debris, soil, rock or vegetation from impacting the stream bank and river. 7. No existing vegetation shall be removed between the building envelope and the river. 8. A fisherman's easement must be filed with the Pitkin County Clerk and Recorder, prior to the issuance of any building permits. This easement shall include the land area under the Roaring Fork River, and on land, a five foot distance measured horizontally from the high water line. 9. Prior to removal of any trees, the applicant shall obtain a tree removal permit from the Parks Department. The applicant is required to either guarantee that the trees survive for up to two years after relocation or, should they die, that they are replaced with comparable trees. Excavating around existing trees will need to be done outside of the dripline of all trees. 10. For new landscaping and irrigation, the applicant shall comply with Ordinance 37, Series 1991 for Water Conservation. This includes protecting existing trees outside of the envelope, replant with wildflower and native grasses on disturbed areas of the site, and limit urban turf treatments that could adversely affect the river. 11. Prior to the issuance of any building permits, the applicant shall record the amended Homeowner Covenants which permit accessory dwelling units within the subdivision. 12. The applicant shall relocate the proposed patio at least 10 feet back from the top of the stream bank in order to increase the buffer zone between the river and development. 13. All material representations made by the applicant in the application and during public meetings with the Planning and M 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 a 475 sq.ft. attached accessory dwelling unit and Stream Margin Review for the Bellock residence located at 1420 Red Butte Drive with the conditions recommended in the Planning Office memo dated February 15, 1994." Exhibits: "A" - Engineering referral memo "B" - Parks Department referral memo "C" - Housing Office referral memo 7 • • Exhibit A MEMORANDUM To: Mary Lackner, Planning Office Thru: Bob Gish, Public Works Director From: Chuck Roth, City Engineer C`%K Date: January 31, 1994 Re: Bellock Conditional Use for an Accessory Dwelling Unit (ADU) and Stream Margin Review Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Sidewalk, Curb & Gutter - As required in Sections 19-98 through 19-100 of the Municipal Code, the applicant must sign and execute an agreement to construct sidewalk, curb and gutter at such time in the future as deemed appropriate by the City. The Pedestrian Walkway and Bikeway Plan does not require concrete sidewalks in this neighborhood, however, at a minimum, a pedestrian usable space in the public right-of- way off of the vehicular pavement is necessary. In the future, curb and gutter may need to be constructed in this neighborhood to improve storm runoff control. There is existing vegetation and boulders in the public right-of-way which must be relocated in order to provide for pedestrian use of the space. The final development plan must indicate the pedestrian walkway area. 2. Parking - The application does not discuss parking. Presumably there will be one parking space per bedroom including the ADU. The final development plan must indicate those spaces to confirm number, location and size. 3. Trash Storage - The final development plan must indicate the trash storage, and recycling if practicable, areas. Trash storage may not be located in the public right-of- way. 4. Drainage - The applicant must provide for run-off from the roof, patio, and other impermeable surfaces to be maintained on site such that no storm runoff greater than historical will enter either Red Butte Drive or the river from the property. This must be designed by a registered engineer. In the application, response number 5 to the Stream Margin Review standards states that "erosion fencing and geogrids will be used at the 100-year floodplain boundary." This partially meets the intent of preventing construction site runoff from reaching the river but 0 is not adequate for protecting the existing riparian vegetation as required by the "Roaring Fork Greenway Plan." A site visit showed that there currently is a flat space, presumably a lawn when there is no snow on it, that extends from the house to the top of a bank. We recommend a condition of approval that preserves the existing riparian vegetation on the bank. We suggest that the applicant be restricted from disturbing any existing riparian vegetation on the river bank. Disturbance would include setting erosion fencing and georgrids in that area. The vegetation on the bank is mostly cottonwood trees with a few native shrubs. It appears that cottonwoods larger than 6" diameter have not been shown on the development plan and must be shown on the final plan. 5. Wetlands - The applicant must provide a letter from the Army Corps of Engineers, and/or the Colorado Division of Wildlife, that accepts the applicant's development proposal. 6. Fence Encroachment - The fence at the northwest corner encroaches slightly into the public right-of-way. The applicant must obtain an encroachment license for the fence or preferably relocate the portion onto private property. 7. Fisherman's Easement - There is not a requirement for applicants to provide fisherman's easements for Stream Margin Reviews, but the applicant is requested to do so for their land in the Roaring Fork River and on the shore for a distance of five feet from the high water line. This if for the use of fishermen fishing up and down the river only, and not for access through private property to the river. If the applicant is willing to convey such a fisherman's easement, we would provide the standard easement agreement form for executing and recording. 8. Permit to Construct Driveway - The design of the driveway appears to meet the requirements of Section 19-101, however: Given the continuous problems of unapproved work and development in public rights - of -way, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights -of -way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). A permit is needed from the City Streets Department, approved by Public Works, to construct the driveway and the pedestrian space. 9. Utilities - Any new surface utility needs must be located on easements on private property and not in the public right-of-way. M94.48 Exhibit B TO: Mary Lackner, Planning Office ` FROM: Rebecca Baker, Parks Department THRU: George Robinson, Parks Director DATE: January 31, 1994 RE: Bellock Conditional Use Review for an Accessory Dwelling Unit and Stream Margin Review We have reviewed the documents submitted by Theodore K. Guy Associates for the development of Lot 6, Red Butte, and have two concerns. Since several trees of significant size are to be relocated in the course of construction, a tree removal permit should be submitted. The developers are required to either guarantee that the trees survive for up to two years after relocation or, should they die, that they will be replaced with comparable trees. Additionally, any excavating around existing trees will need to be done outside of the dripline of all trees. What type of grass does the applicant propose to plant? No bluegrass is allowed per the Water Conservation Ordinance. Also, the irrigation system should be within the guidelines of the same ordinance. Finally, we request that a ten -foot fisherman's easement along the edge of the river. 1 0 Exhibit C MEMORANDUM TO: Mary Lackner, Planning Office FROM: Cindy Christensen, Housing Office DATE: February 10, 1994 RE: BELLOCR REVIEW FOR AN ACCESSORY DWELLING UNIT Parcel ID No. The applicant has not submitted enough information for a thorough review of his request. If the applicant's accessory dwelling unit is within the following conditions, the Housing Office will approve this request. The proposed attached accessory dwelling unit must abide by Chapter 24, Section 5-510, of the City of Aspen Municipal Code: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor area and not more than seven hundred (700) square feet of allowable floor area. The unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. The floor area requirement is for net liveable square feet as defined by the Housing Office below: Net Liveable Square Footage is calculated on interior living area and is measured interior wall to interior wall, including all interior partitions including, but not limited to, habitable basements and interior storage areas, closets and laundry area. Exclusions include, but are not limited to, uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or detached), patios, decks and porches. The kitchen must also be built to the following specifications: tGtchen must contain a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer. The unit must also have a separate entrance, must not house the mechanical room for the principal residence, in other words, the accessory dwelling unit must be a completely private unit. Before the applicant can receive building permit approval, he must provide to the Housing Office actual floor plans of the proposed accessory dwelling unit containing net liveable square footage, and a signed and recorded Deed Restriction, which can be obtained from the Housing Office. The Housing Office must have the recorded book and page number prior to building permit approval. \word\referral\be[Lock.adu — — — — N 81 ' 24_00' E� �CI�. — _.19846, _ — es_b 9G NB878'JI-E N 47 _ JY I ""wD 6.fio. � 2�'W w _' _ — _ — — 8 59' ICM; eF9 AP I �_ S 81'24' 40. � 59' u — B4�K4W 'it� „u � Fk�ARooB • • 4TVEN ,� � � / ►maw 7724 :I .. 'a.0 IaDooklBa,;K WED ii nJarJ "+an I I I 1 — —� RoaBWAY �r,�ROGBftuN I�.r °IME I -NE�s� _� I BIXW04BY I n.y a I ITi!'+aw r _eat 1 \I i I j 1 r)rai I w aa� �ai EASFJIEMT 1 A I to a •-'rnc—�r »ua. In,ar Gl A RED )' 41"CN�Ja 48 t9l' I o PII _ I I jI 7 ( {yam I iY.) �. InJaL I 7121 i _4� �I 'b nJa �.b ,QI'a. r4 �aA I G� tiJa .a I �a Ip.n.y may, 'D+haq v3� y)I, haY -1 SPfh a77t2 �}, _ a� ---- 1132 PUTT S�DIVIsfoN MAX. PA'nC E4Nt1dPC � �� � F�acv�,Aw WO AVWAlIcu AT OC 5t{:.0 ruLWFLA u eduucAC-f LA E4 PREP jm j N A I;� y s/ r�C PC -AN Zo7- 6 AED PLATTE vl'si&IV �-� __.. • \ — is ' �. ;, �; � - ..,�. ��. � ���i�h _"`_ ��µ �1.�-�TaJ • �i�� � ...0" r __... 0 I h " S�I� i ixr e.LAnow N -rt r� sew I 1 I �L �O�lp_�_1.G00�f111lJ. _ tre�trrl iz a oc.r rrr�, --1 • i � PUBLIC NOTICE RE: BELLOCK CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 1, 1994 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by Chuck Bellock, 1400 28th St., Suite 1, Boulder, CO, and Zoe Compton, 321 Sopris Creek Road, Emma, CO, requesting approval of a Conditional Use Review for an approximately 450 square foot accessory dwelling unit to be located above an attached garage. The property is located at 1420 Red Butte Drive; Lot 6, Block 1, Red Butte Subdivision. For further information, contact Mary Lackner at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5106. s/Bruce Kerr, Chairman Planning and Zoning Commission AREN/PITKIN PLANNING OFFICE• 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 January 14, 1994 Rob Okazaki Ted Guy Associates Box 1640 Basalt, CO 81621 Re: Bellock Stream Margin and Conditional Use Reviews Case A70-93 Dear Rob, The Planning Office 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, February 15, 1994 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 Planning Office. 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 Mary Lackner, the planner assigned to your case, at 920- 5106. Sincerely, Suzanne L. Wolff Administrative Assistant apz.ph f TAN.12'94.16:33 THEODORE K GUY RSSOC PC A COVER LETTER � December 9, 1993 Dear, Since 1962, ow town and subdivision have sm many changes and air protective covenants have strained to keep pace. originally created to require -construction stodar4is that exceeded tI of Aspen, theft cOveaants are no longer in synch wilt the fumes. They have been amended four times over the years. Many of tbC bDI= built Over the years are acnally in violuion of the covenato and, therefore, create doubt on their legal suadjug. I AdMomily, as each lot is comidere+d fOr rwvat m we will bave to look at further amendments. To avoid thus uzmecesjy pager shuffle and to briing nett cove== in line with actual construction, c urmw zMmg, and building fequiremews, we have pfgmred the enclosed amen for your consideraticm. After you have had a once to rcview these docrua>ents; pk ase give me a call with your questions aad cpmmew, my hom pig is 925-6180. if at all pow-ble, we would like to make t#tese changes- by year -and. Tbsmk YOU for your help in this matter and- best wishes for a Happy holiday. Sincerrlyyctttus, . . Pcmxy Pvans Cartuth l�'ncl�ume �: JRN 12 '94 16:38 TFEODORE K GUY RSSOC PC A P d"'� KNOWN ALL I-N HY TfMW pRES&M. taelmTHAT fm SW and V8111*k cpr�g� the receipt aad adequ y of which are hweby • the uodersiv'4 PAU" to the Pmvisiom of Article xu of the Prote,t e cat+tetmts of Red antle Subdivision 1eCOtT,1eQ Septem 23, 1960 io Rwk 29l at pege 5% of rcai property rccords of Pltloa Co0�, Co OnWo, as side CoveaAttts way have been �y ascended, beW+ cow to aaid appmve the fnllowiq =WmgW to tbe. cavoxats, to wit: ! Rt ideatial jmProvedlents on an tots $hail COm49Y ,With tM d& yard setbacks of Aspen Mtutw4W Colo, tatter tktaa tb mom reWwdvve silo yard .90hwla oottWOW in Amick 9 of the CDVMU*. 2. , For purposes of cotnpli WM With 1990), a caretslcer trerit �"'ry of �° No. 1 (Series of tAccessoey DwAng unit) may be be& an tack lot, provided however m so cast shall this provwoa Rum for amwon of two "Parmri wft on any lot. 3• lZe�idemiAi itt!P�tts an all tots shall comply with the t mgbt maximmn and method of mcumemaA of the Aspen MYalc*W Cock ralbar than the more W*icdve bmght maxiamm and medal of MemweRUW mired is Artick 1 of the Cavenanxs. 4, Aak* V Of the COMfiat Shill be at>omfad to m4: 710 tammg Ofttar building 1s shah trot he pamISW is coon of $9 building: mew xi 4 vinyl aft asbestos or tar paper imitati0a or cOtttpoait w Mae s Ardck IX of the COVORM shall be ameu&d to rta4: No S&baga CM of traab barrels or cammium quip be allowed z2nless $Ctu e'd ftm view. Ud no television or rujo amemtme or uWlik dish will be etroc,W on orgy tutu or apart tW axUrlor of improvetneuts an any _ loft Mel no :loci "m shaJ1 be allowed on sey tot, and no rooftop mmhaaical sYste m $ball be allowed on a ty lot. b. 'IhW imMHWW may be executed is mut�pk 0majaparb. In which Cm all swb coln7 UPOU der shall cortsbWe one mW mt same msfrurnepl, W9 tg Or aM of the pacpa Bloch, aawWxuadeng *At all of the prnks are DO OrY m the original or the same comtmp m Facsimik sees sbAll be caniclered origmtd signata m for ,All purposes. 7. 11�% Anvadmak shah be elfectivo whoa the owam of 75 % of tha lots in Bkek 1, heel life Subavtsraa, exectde ad MOM d* m*UMM 14C No. blorlr I Rod Baft Syj dvkdo THEOOORE K GUYSOCIATES PC ARCHITECTS AND STRIP URAL ENGINEERS • December 28, 1993 Leslie Lamont Aspen/Pitkin County Planning Dept. 130 S. Galena Aspen, CO 81611 RE: Lot 6, Red Butte Subdivision Leslie: DEC 2 3 , Please find enclosed three copies of a preliminary landscape plan. We have noted that no vegetation at or below the floodplain will be disturbed and that we will identify a 10' wide zone from the floodplain boundary that will maintain the existing grass vegetation. We have also defined an envelope within which we reserve the right to construct an on -grade patio. We have already forwarded a copy of a Letter of Consent from the current owner and we have discussed the issue of a conditional approval of the A.D.U. Please call me if there are any other questions. Vy,�_ Rob Okazaki THEODORE K GUY ASSOCIATES PC RKO:ipse encl. 23280 STATE HIGHWAY B2 P.O. BOX 1640 BASALT, GOLORAOO B1621 13031 927-3167 TAN 03 194 12:02 THEODORE K GUY ASSOC PC A r December 14. 1993 Aspen/Pitidn County Plarw in} Department 130 S. Coma Aspen, CQ 81611 Gendernem • ZOE MURPHY CONTTON.) LTD - Interior Design DR! '' � tool !rr''Ff)ih%* l( GU ASJ0QA` , P. As the currant owner. I hereby autWize THEODORE K GUY ASSOUATES PC to subn it the Strearn Margin -Review and Candtionai Use ApplicaWn for the property at 1420 Red Butte Skive in Aspen an behalf of the prospective owner. Chuck Beflock. = Saps Cre*k Road Enu a/Basalt, Cokm-ada 81621 Tel. 303xjW- "Di Wmkcnds 9`d7-3794 Fax 927-9302 ikPEN/PITKIN PLANNING OFFI40 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 December 9, 1993 Rob Okazaki Ted Guy Associates Box 1640 Basalt, CO 81621 RE: Bellock Conditional Use Review for an Accessory Dwelling Unit and Stream Margin Review Case #A70-93 Dear Rob, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is incomplete. Please submit the following items in order to complete the application. 1. Approval from the current owner of .I,, ,)roperty; 2. Landscaping plan; 3. Confirmation that an accessory dwelling unit is acceptable per the covenants of the subdivision. " If you have any questions, please call Leslie Lamont, the Planner assigned to this case, at 920- 5101. Thank you. Sincerely, SuzaiYne L. Wolff J f Administrative Assistant ` -ta(. • ' 4, • THE CITY OF ASPEN FROM THE DESK OF MARY LYNNE LACKNER S _ok %A �o P j-k� op xeA f loo e L 130 SOUTH GALENA STREET ASPEN, COLORADO 81611 LOT 63 RED BUTTE STREAM MARGIN REVIEW & CONDITIONAL USE APPLICATION DECEMBER B, 1993 THEODORE K GUY ASSOCIATES PC ARCHITECTS AND STRUCTURAL ENGINEERS P.O. BOX 1640 BASALT, COLORADO 81 621 (3031 927-31 67 E Table of Contents: Letter of Submittal Pre -Application Conference Summary Minimum Submission Requirements: Application Form Letter of Consent from Owner Legal Description Certificate of Title Vicinity Map Specific Submission Requirements: Conditional Use Application: Proposed Project Site Plan Proposed Elevations Review Standards Stream Margin Review: Proposed Project Site Plan Proposed Construction Techniques Review Standards Exhibit A: Site Plan Exhibit B: Proposed Elevations Addendum: List of Adjacent Property Owners Photographs 1 1 1 1 1 1 1 1 THEODORE K GUY CIATES PC • ARCHITECTS ANO STRUC L ENGINEERS December 8, 1993 Leslie Lamont Aspen/Pitkin County Planning Department 130 S. Galena Aspen, CO 81611 RE: Lot 6, Red Butte Ms. Lamont: Herewith, please find the Conditional Use Application and Stream Margin Review for Lot 6, Red Butte. This is in accordance with the preapplication conference you had with Chuck Bellock and Stan Mathis on November 15, 1993. Our project is located at 1420 Red Butte Drive (Lot 6, Block 1, Red Butte Subdivision), Aspen, Colorado. This submission consists of three sections: Minimum Submission Requirements - including materials required of all submissions Specific Submission Requirements - including Review Standards: - Conditional Use Application - Accessory Dwelling Unit - Stream Margin Review - construction of a residence within 100' of floodplain. Addendum - List of Adjacent Property Owners Please notify us of our scheduled hearing date and time. Enclosed is a check for $1,035.00 and three copies of this submittal, as requested. Sincerely, 4� Robert Okazaki THEODORE K GUY ASSOCIATES PC 93177 conduse submission RKO:ipse 23260 STATE HIGHWAY 82 P.O. BOX 1 640 BASALT. COLORAOO 61621 (303) 927-31 67 1 1 1 1 1 CITY OF ASPEN `MON CONFERENCE SUMMARY PROJECT : I J U l, J. A n i1. \l IA I APPLICANT'S REPRESENTATIVE: REPRESENTATIV OWNER'S NAME: PRE SUMMARY Type of Application: Desc3libe action/type c "-J Cln UIL9 t,lbei-ing, requested 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments 4. Review is:, (P&Z Only (CC Only) (P&Z then to CC), 5. Public Hearing: (YES) 3 6. Number of copies of the application to be submitted: - 3 7. What fee was applicant requested to submit: 8. Anticipateo 1,tte of submission: h SJ 9. COMMENTS UNTOT?E COS` CERNS CL frm.pre_app 1 0 0 1 11 MINIMUM SUBMISSION REQUIREMENTS: Application Form Letter of Consent from Owner Legal Description Certificate of Title Vicinity Map ' ATTAC1KENr 1 • USE APPLICATION FORM t) Project Name Lot 6, Red Butte 2)� ectRion 1420 Red Butte Drive, Aspen ProLot 6, Block l Red Butte Subdivision (indicate street address, lot & block number, legal description where appropriate) 13) Present Zoning R-30 4) T_ t Size �51000 !;qft. ' 5) Applicant's Name, Address & Phone # Chuck Bellock, 1400 28th St., Ste. 1 Boulder; CO 80303 (303) 442-2299 �6) RepLesentativels Na®e, Acidress & Phone � Rob Okazaki THEODORE K GUY ASSOC. PC P.O. Box 1640, Basalt, CO 81621 (303) 927-3167 17) Type of Application (Please check all that apPly) x Cnriditional Use cmxmptual SPA Conceptual Historic Dev. ' Special Review Final SPA Final Historic Dev. ' 8040 Greenline PUD Minor Historic Dev. x_ stream Margin Final PUD Historic Demolition ' Mountain View Plane Subdivision. Historic or-i c Designation fl�rrirmini�ani�ation Text/Map Amendment GM12S Allotment Tat Split/iat I •i ne a= Emmptlon Adjustment ' g)Description rof E�ri_st-inq Uses (number and g' v type of existinst�ct lres: approximate sq. ft_ ; Timber of bedrooms; any Previous aPPiT"als granted to the PAY) - ' One single-family residence, with one storage building and one pumphouse r9) Description ion of Development APP]icaticn Demolish existing singlefamily residence and construct one n - ' family residence with one accessory dwelling unit (A D U )_ ' 10) Have you attached the following? Rye to Attachment ent 2, Mini man Submission Contents -2� Response to Attactment 3, Specific Submission Contents __�LC_ �c Response to Attachment 4, Review Standards for Yo= Application 1 Bellock Construction Companies 1 1 pecamber 6, 1993 (suck Eldodc ' UUO& Construction 1400 - ? Rth St. Boulder, CO 80303 1 �n/PltMn CWMy Manning 0e92anxnt 130 S. Gltm Aapen, CO 81611 1 Grtticnx»s I hereby auth"Mo THEoWRE K (;UY ASSOCIATES FC to re"eWt us regardng the Stream Margin at 1420 Aed Butte Qrfve In Aspen. Review " cwatlenal Lisa Application for the property 1 Sincerely, ' Chuck B400c 1 1 i 1 1 1 1400 Twenty Eighth Street, Suite One 1 Boulder, Colorado 80303 -P(303) 442-2299 PROPERTY DESCRIPTION ORDER NO: 00020571C3 Lot 6, Block 1, RED BUTTE SUBDIVISION EXCEPT Beginning at the Southwest Corner of Lot 5, Block 1, RED BUTTE SUBDIVISION, Aspen, Colorado, a 7/8 inch pipe, thence North 81 degrees 24 minutes 00 seconds East 198.46 feet, along the South line of Lot 5 to a witness corner monumented with a 7/8 inch pipe, thence South 74 degrees 22 minutes 00 seconds East 6.59 feet to a single fence post, thence South 68 degrees 26 minutes 31 seconds West 6.60 feet to the Easterly end of a split rail fence in place; thence South 75 degrees 53 minutes 25 seconds West 197.56 feet along the split rail fence line to the Easterly edge of Red Butte Drive, thence on a curve to the right with a radius of 1389.33 feet a distance of 23.20 feet (chord bears North 11 degrees 59 minutes 56 seconds West 23.20 feet) to the Point of Beginning. County of Pitkin, State of Colorado 1420 Red Butte Drive Aspen, Colorado Ferican Land Title Association Commitment - Modifl073 • COMMITMENT FOR TITLE INSURANCE ISSUED BY S T EWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company, This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." rman of/ Countersigned by: S'I'L'NVAItT TITLE: GUARANTY COMPANY ikpo >�� 1908 roc • ,r ,e 3 ......... X As ,�,p � 3�norl.MrN/1 , uthorized gnatory 1,rnrnri ,�r 1 nnnmr .off dW� President Serial No. C-1601- 378026 165 1 0 0 SCHEDULE A ORDER NUMBER: 00020571C3 1. EFFECTIVE DATE: November 01, 1993 AT 8:00 A.M. 2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE A. ALTA OWNER'S POLICY $ 848,750.00 PROPOSED INSURED: CHUCK BELLOCK AND MADELEINE MORRISON B. ALTA LOAN POLICY $ 594,125.00 PROPOSED INSURED: TO BE DETERMINED C. ALTA LOAN POLICY $ PROPOSED INSURED: D. $ 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN: ZOE MURPHY COMPTON 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: SEE ATTACHED LEGAL OWNERS: $ 2,025.00 MORTGAGEE: $ 50.00 TAX CERT. $ 10.00 AUTHORIZED SIGNATURE STEWART TITLE OF ASPEN, INC. 620 E. Hopkins ASPEN, COLORADO 81611 303 925-3577 FAX 303-925-1384 1 0 0 1 SCHEDULE B - SECTION 1 ' ORDER NUMBER: 00020571C3 REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: ' ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. ' ITEM (B) PROPER INSTRUMENTS) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT: 1. Evidence satisfactory to Stewart Title Guaranty Company, ' furnished by the Office of the Director of Finance, City of Aspen, that the real estate transfer tax pursuant to City Ordinance No. 20 (Series of 1979), has been paid or that ' conveyance is exempt from said tax. 2. A. Certificate of non -foreign status, duly executed by the seller(s), pursuant to Section 1445 of the Internal Revenue Code ' AND B. Satisfactory evidence of the seller(s) Colorado residency (or incorporation) pursuant to Colorado House Bill 92-1270. NOTE: Section 1445 of the Internal Revenue Code requires witholding of tax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may ' require witholding of tax from sales proceeds if the seller(s) is not a Colorado resident. Detailed information and Forms are available from Stewart Title. ' 3. Release of Deed of Trust dated November 25, 1992, executed by Zoe Murphy Compton, to the Public Trustee of Pitkin County, to secure an indebtedness of $520,000.00, in favor of Pitkin County 1 Bank & Trust Company, recorded December 8, 1992 in Book 697 at Page 8 as Reception No. 351651. ' 4. Deed from vested owner, vesting fee simple title in purchaser(s). 5. Deed of Trust from the Borrower to the Public Trustee for the ' use of the proposed lender to secure the loan. 1 0 0 ' SCHEDULE B - SECTION 2 EXCEPTIONS I ORDER NUMBER: 00020571C3 ' THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY: 1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RECORDS. 2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC RECORDS. 3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. 6. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER. 7. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX SALES. 8. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded in Book 55 at Page 5. 10. Terms, conditions and obligations of Protective Covenants of Red Butte Subdivision recorded September 23, 1960 in Book 191 at Page 598 as Reception No. 110276, and Addendum and Amendment to Protective Covenants recorded June 21, 1979 in Book 371 at Page 116 as Reception No. 215592, Addendum and Amendment recorded August 15, 1980 in Book 393 at Page 200 as Reception No. 226003, Addendum and Amendment to Protective Covenants recorded August 15, 1980 in Book 393 at Page 202 as Reception No. 226004, Amendment to Protective Covenants recorded August 18, 1981 in Book 412 at Page 638 as Reception No. 234935, Amendments to Protective Covenants recorded October 30, 1981 in Book 416 at Page 695 and Amendment to Protective Covenants recorded February 13, 1986 in Book 505 at Page 360 as Reception No. 275604. 11. Utility easements as shown on Plat of said Subdivision. Continued on next page 1 0 0 CONTINUATION SHEET 'J SCHEDULE B - SECTION 2 ORDER NUMBER: 00020571C3 12. This policy does not insure title to land comprising the shores or bottoms of rivers and is subject to any build up or loss of property along Roaring Fork River, caused by the processes of accretion and reliction, or caused by man made changes in the flow of water or in the course of the river bank or river channel; also subject to the free and unobstructed flow of the water of said river. NOTE: Provided that Stewart Title of Aspen, Inc. records the documents of conveyance in the proposed transaction the status of title will be updated from the time of this commitment to the time of said recording. If said update reveals no intervening liens or other changes in the status of said title Exception No. 5 herein will be deleted; if said update reveals intervening liens or changes in the status of said title appropriate action(s) will be taken to disclose or eliminate said change prior to the recording of said documents. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said terms, conditions and exclusions, will be made available upon request. r 1 0 0 SCHEDULE A PROPERTY DESCRIPTION ' ORDER NO: 00020571C3 Lot 6, Block 1, RED BUTTE SUBDIVISION I EXCEPT Beginning at the Southwest Corner of Lot 5, Block 1, RED BUTTE ' SUBDIVISION, Aspen, Colorado, a 7/8 inch pipe, thence North 81 degrees 24 minutes 00 seconds East 198.46 feet, along the South line of Lot 5 to a witness corner monumented with a 7/8 inch pipe, ' thence South 74 degrees 22 minutes 00 seconds East 6.59 feet to a single fence post, thence South 68 degrees 26 minutes 31 seconds West 6.60 feet to the Easterly end of a split rail fence in place; thence South 75 degrees 53 minutes 25 seconds West 197.56 feet ' along the split rail fence line to the Easterly edge of Red Butte Drive, thence on a curve to the right with a radius of 1389.33 feet a distance of 23.20 feet (chord bears North 11 degrees 59 ' minutes 56 seconds West 23.20 feet) to the Point of Beginning. County of Pitkin, State of Colorado C L DF RED f M(3UNTAlit1 �^ •, ) lb r ,.A . •ice_ _ � yt � $� IM te %1�'�; •'.; ,',i.: , SHEET 4 �„ •F::_ o/MoANri. Eli Y: MY Y Y �. �,.,' ` i 'Y•'% J 1 \`/ -.� \� - �. \ \� /` ,, {/S.I. y `• '/ �.K.l� ^.rr ate..{ .r��, EE f.\ � ��QU.�` \ \ '' � Y � (��\� .. :.\. .•/ OQv� • ( U ° /' �� .� � 1 � t,.- r i : .wti:-•'s �'',s y,►aaE . 1 � � .. � wY`l'•`l . 1 1 i �� �• _ s � �ji� o ' � i� �' �� cR^.t:;..11 � -• ��ar=tom `�F- i SJ ;, � Y a'L• i CIO �^. ,� _ J= :�.,. ^A .� , 1rf }11111+ '...- �i„eE • , C (((lij',�I\ s 61— 1', V 1 /',i1 Y/�I �,i - T�1S_r�. r..,l •r,•1�r•r^ (C M!'•EN S s C/ \/Ictu rrf MAP % - •� ' :. �: ,,`� .��'��„�vy1 M`.r•M.n`. Mm �,1j .106. /' ,.�� �;il;^,� J,y:s " :�{,..,r�lE ti' ; •IJy+'— 6 "`~ UL; `+=�� M(//.t►I �i'r-.���Li-i./C�.•► i n �'1 ,y-�V1111111� 1i ` % SPECIFIC SUBMISSION REQUIREMENTS: CONDITIONAL USE APPLICATION Site Plan Proposed Elevations Review Standards n 1 0 0 ' Conditional Use Application ' Site Plan: See Exhibit A. 1 0 0 ' Conditional Use Application ' Proposed Elevations: See Exhibit B. 1 �I Conditional Use Application Review Standards: This project will replace one existing single-family residence with one new single-family residence with one attached accessory dwelling unit (A.D.U.). Each of the specific standards are addressed below: A. The existing use and that of the surrounding area is low density residential and that use will not change. An Accessory Dwelling Unit is proposed and that is consistent with the goals and objectives of the Aspen Area Comprehensive Plan and with Ordinance 1 of the Aspen City Council. B. The residential nature of this project is in keeping with the low -density housing already existing in the neighborhood. Other residences nearby already have added A.D.U.'s. The addition of another working resident into the neighborhood would further enhance the social mix of the City. C. Since this project would replace an existing residence with a new residence, no additional adverse impacts of any nature would be anticipated. The design and construction will be consistent with the guidelines and regulations of the Aspen Municipal Code and the Aspen Housing Authority. D. Again, no further impacts to municipal services would be anticipated with the new residence. E. This proposal would supply one additional unit of affordable housing to the City of Aspen. F. The proposal will comply with the standards set forward in the Aspen Area Comprehensive Plan. SPECIFIC SUBMISSION REQUIREMENTS: STREAM MARGIN REVIEW Site Plan Proposed Construction Techniques Review Standards 1 1 0 0 Stream Margin Review Site Plan: See Exhibit A. li 1 0 9 Stream Margin Review ' Proposed Construction Techniques: The new single-family residence will not be constructed in the floodplain nor will the lowest floor ' be constructed less than two feet above base flood elevation which has been identified as 7719.5 feet at this location. Therefore, no special construction practices will be required. Since the regrading of the site will extend to the lowest elevation allowed by code, certain site preparation precautions will be taken to insure no debris or sediment inadvertantly enters the floodplain or Roaring Fork River. This will be done by installing erosion fencing and geogrids at the boundary of the 100-year floodplain and prohibiting any sitework of any kind beyond that boundary. ' The project will be conducted in two phases. First, demolition of the existing structure, then regrading of the site and construction of the new residence. Erosion control measures will be used throughout the demolition and construction. Stream Margin Review Review Standards: This project will demolish one existing single-family residence and replace it with one new single- family residence with one attached accessory dwelling unit (A.D.U.). The existing and proposed building site is above both the high water line and the 100-year floodplain, however it is located within 100 feet of both. Although the site will be regraded, no area below the 100-year floodplain boundary will be disturbed. Each of the specific standards are addressed below: 1. No development is proposed for any location within the Special Flood Area as identified by FEMA. Therefore, no part of this project will increase base flood elevation in any way. 2. The popular Rio Grande Trail already exists on the opposite bank of the river from the property. No public trails designated by the Aspen Area Comprehensive Plan are designated for this property. ' 3. This project will not alter any of the vegetation along the river or in the floodplain. This will maintain the existing riparian habitat. 4. The proposed project will not remove any of the vegetation nor effect slope grade changes ' that will produce erosion and sedimentation of the streambank. 5. In order to prevent any sediment or debris or any erosion to occur as a result of construction, erosion fencing and geogrids will be used at the 100-year floodplain boundary. No regarding will be done during the demolition phase of the project, and erosion control measures will be used throughout the construction. ' 6. No alteration of the river course will result from this project. 7. Since no part of the project will occur within the floodplain no guarantee is necessary. 8. No work will occur within the 100 year floodplain and no federal or state permits be needed. P Exhibit B: Proposed Elevations C m m = = m = m m py-fsc,.j IST 7uD C--J � T rWat 7.us —� r 7Flvti LT o.u. r r•I4�s7J: CL�'DIN�T� _ Tgr-p^-COITA F�-Ue YVIrw O�v NER I t7 • m m m m m m m m m m m m m m = m m m m 0 -AMIK-FlL s m m = = m m No = === m m== m m m Ib7 FL._ 5?* I UTN �-1 LVMTOW • • m = m m = m m = m = � = = = m = m = m E C F-I L-A 1 0 0 L 1 1 ADDENDUM: List of Adjacent Property Owners Photographs L'L'- U1 1G:IJU f✓111 1011JIII i l ILL rinnHHllH...HH • PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3RD FLOOR Vincent J. Higens ASPEN, COLORA,DO 81611 President 303-925-1766 : 303-925-6527 FAX 300' OWNER'S STATEMENT I� 11 Christina Davis Vice President Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado, hereby certifies the following list is a current list of property owner's within 300 feet of Lot 6, Block 11 Red Butte Subdivision, as obtained from the most current Pitkin County Assessors Tax Rolls and updated to November 01, 1993. NAMES AND ADDRESSES BRIEF LEGAL DESCRIPTION ------------- ------------------ ----------------------------------------- MARTIN KELLER FLORENCE E. KELLER 13880 WIDE ACRES ROAD GOLDEN, CO 80401 DONALD E. LEFTON C/O CONTINENTAL COMPANIES 3250 MARY STREET MIAMI, FL 33133 T_RANSIERRA CORPORATION 525 UNIVERSITY AVENUE PALO ALTO, CA 94301 CHARLES E. WORTH ANN G. WORTH P.O. BOX 930 ASPEN, CO 81612 COURTNEY & KAREN LORD 50% RALPH E. HEYMAN 50% 3031 O STREET N.W. WASHINGTON, DC 20007 LOT 5, BLOCK 1, RED BUTTE LOT 4, BLOCK 1, RED BUTTE LOT 7, BLOCK 1, RED BUTTE LOT 8, BLOCK 1, RED BUTTE LOT 10, BLOCK 2, RED BUTTE . L_ �' i __ 11� • �jIJ 1 1 i l it l �� �I I I � i i� l.� �� .� i u u u ,� u u u �I • 1 JACQUELYN R. WYNNE C/O COCHRAN PARTS MEREDITH P.O. BOX 35688 ' DALLAS, TX 75235 1 SHIRLEY G. CLEVELAND 1445 RED BUTTE DRIVE ASPEN, CO 81611 1 TIMOTHY J. FORTIER LISA A. FORTIER THOMAS L. PALAAINO 465 N. MILL STREET SUITE 15 1 ASPEN, CO 81611 MARJORIE B. STEIN 62.92% STEIN & ZULFER, TRUSTEES 37.08% P.O. BOX 1047 ASPEN, CO 81612 1 Y� y AUTHORIZED SIGNATUR LOT 11-A, QUILLEN SUBDIVISION LOT 12-A, QUILLEN SUBDIVISION LOT 12-B, QUILLEN SUBDIVISION 1 METES AND BOUNDS • • Addendum: Photographs A: Looking East at house from street. B: Looking East at storage shed from pumphouse. a .. • E • 1 t r I ti t I I ` 1 t i --- NI�W'rA1N EXI�G Y�Gt��f r(IG�ia � 1 �j E 0 THEODORE K GUY A5500IATE5 PG ARGHITEGT5 AND 5TRUGTURAL ENGINEERS P.O. BOX 1640 23280 HWY. 82 BA5A LT, OOLORADO 81621 (303) 927-3167 FAX (303) c127-4813 • LOT 6, RED BUTTE 11420 RED BUTTE DRIVE ASPEN, COLORADO .JOB #: C13177 DRANK RKO CHECKED: PRINTED: I2 PRELIMINARY SITE PLAN A 1 COPYRIGHT THEODORE K 6VY A550CIATE5 PG FND 7/8" IRON PIPE N 74'22'00" W FND REBAR & CAP LS #16129 GRAPHIC SCALE 10 20 ( IN FEET ) 1 inch = 10 ft. N 68'26'31" E 6.60' 'rO ftl;- N g1.24'00" 2 NOTES: 1. LOT SETBACKS FER CITY OF ASPEN REGULATIONS. 2. SURVEY BASED ON EXISTING 7/8" IRON PIPES ON NORTHERLY LINE OF LOT 6 AS SHOWN. 3. ELEVATION DATUM BASED ON BM S159 (NORTHEAST OF SLAUGHTERHOUSE BRIDGE) 7715.637 FEET. 4 NORTH LOT LINE ADJUSTMENT PER PLAT RECORDED AT BOOK 23, PAGE 74 PITKIN COUNTY CLERK AND RECORDER. 5. LOT BOUNDARY DOES NOT MATHEMATICALLY CLOSE, ERROR PLACED IN RIGHT -OF- WAY. 6. CONTOUR INTERVAL IS TWO FEET 7. FLOODPLAIN INFORMATION BASED ON CITY OF ASPEN, FLOOD INSURANCE STUDY, FEMA MAPPING OF 1987. BENCHMARK REFERRED TO AS RM1 ON FEMA FLOOD INSURANCE RATE MAP IS SAME AS S159 IN NOTE 3 ABOVE. 8. ONLY TREES 6" OR LARGER HAVE SIZES SHOWN. gPi24.08 0724.45 �[.� 7724. 4 >724.631%Z� 77,4.97 7724.897.i 7nA97 ND REBAR &CAP LS #2376 ASPEN / �r7i.at G (RTC 7724.32 472'69 0-4.19 i �' ASPEN GROUP 1 772 .86 j j X t 724,45 i� rJ7XG3 } . j X j \QAA\\\1\\11111111f11//�j�� > 724.63 �7725.60 / x na oe > n4.40 W724.18 N j '• irT. n5.24 jB'°` ``RR.er'' 24.82 y� ' r724.57 x j 7/�///1111�11111�\1 4.62 SURVEYOR'S STATEMENT �x I, FRANK W. HARRINGTON, DO HEREBY STATE THAT THIS SURVEY WAS i' / x PREPARED BY HIGH COUNTRY ENGINEERING, INC. FOR THEODORE K. GUY ASSOC. AND THAT SAID SURVEY IS BASED ON THE EXISTING 7/ FOUND ON THE ORIGINAL NORTHERLY LINE OF SAID LOT 6 A,,*°�tlks SURVEY IS TRUE AND CORRECT TO THE BEST OF MY BEL` aEcg .�� t1ARr 100 YEAR BASE FLODD ELEVATION = 7720 • • 5. J , 8 1993 THEODOREK GUY A1;:3� OODPLAIN INFORMATIOM REVIEWED BY TIMOTHY P. BECK, COLO, P.E. p20E 30 NO. I DATE I REVISION THEODORE K. GUY ASSOCIATES P.C. BASALT, COLORADO LOT 6 RED BUTTE SUBDMSION CITY OF ASPEN BY t 772A28 NOTICE: ACCORDING TO COLORADD LAW YOU MUST COMMENCE ANY LEGAL IRON PIPE BY-- 'ram-=�`_ - ' m" �' � WC. FOUND � e �_—__— FiIC>�i COUNTRY ENC�INEERI NOTICE BASED UPON ANY DEFECT IN THIS SURVEY C THIN THREE YEARS FRANK W. HARRINGThN, NO. 1959 _ W 923 COOPER AVENUE AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION 195 g "s /y E"OO SPFW p COM DES. TPB CK. FILE N0. SHEET 1 ;ti 'tt°act Q t..o C."A ::. VLL„1^W� Jf"fMR#7, \.+OIWI BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN e..A°G� J F7: �` YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. p� 31M 9 5-867 ,�<�,° mom'` 93107-01 DR. MCP DATE 12/Oij93 �%.oi OF 1 • • j I � � 1 h ice' le( '11� i t�wl Vill � � I� �� �� 6COT4 T-414— lie rP4R- MCM i- Oil 0 0 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with a minimum six month lease. Upon approval by the (lousing' Authority, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits, a copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 3. The accessory dwelling unit shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 4. During building permit plan review, the Zoning Enforcement Officer shall make the final determination that the unit meet the minimum size requirement of 300 sq. ft. net livable as defined in the Housing Authority Guidelines. The accessory dwelling unit cannot be less than 300 sq. ft. 5. As recommended by the City Engineer, the applicant shall comply with the following conditions: a. The applicant shall sign and execute a sidewalk, curb, and gutter agreement with the City Engineer prior to the issuance of any building permits. b. The applicant shall designate parking spaces, the pedestrian walkway space in the public right -of way, fisherman's easement, building envelope, and the trash area on the final development plan, prior to issuance of any building permits. Once this final development plan is approved by the Engineer and Planning Office's it shall be filed with Pitkin County Clerk and Recorder's Office. c. The applicant shall obtain an encroachment license for the fence which encroaches into the public right-of-way or relocate the fence onto private property, prior to issuance of any building permits. • 0 d. The applicant shall consult city engineering (920-5080) for design considerations of development within public right- of-ways, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of - ways from city streets department (920-5130). e. A drainage plan prepared by a registered engineer shall be submitted to and approved by the City Engineer, prior to issuance of any building permits. 6. The Zoning Enforcement Officer shall ensure that erosion fencing and geogrids ate in place prior to any Earthrmoving activities. Erosion fencing and geogrids shall be erected immediately adjacent to the building envelope during all phases of construction. No construction equipment is permitted outside the northern edge of the building envelope. This shall prevent any construction debris, soil, rock or vegetation from impacting the stream bank and river. 7. No existing vegetation, other than turf, shall be removed between the building envelope and the river. 8. A fisherman's easement must be filed with the Pitkin County Clerk and Recorder, prior to the issuance of any building permits. This easement shall include the land area under the Roaring rork River, and on land, a five foot distance measured horizontally from the high water line. 9. Prior to removal of any trees, the applicant shall obtain a tree removal permit from the Parks Department. The applicant is required to either guarantee that the trees survive for up to two years after relocation or, should they die, that they are replaced with compatible trees. Excavating around existing trees will need to be done outside of the dripline of all trees. 0 10. for new landscaping and irrigation, the applicant shall comply with Ordinance 37, Series 1991 for Water Conservation. This includes protecting existing trees outside of the envelope, replant with wildflower and native grasses on disturbed areas of the site, and limit urban turf treatments that could adversely affect the river. 11. Prior to the issuance of any building permits, the applicant shall record either the amended Homeowner Covenants or waiver of the Homeowner Covenants which permit an accessory dwelling unit on Lot 6 of the Red Butte Subdivision. If an amendment or waiver from the Covenants cannot be obtained the applicant shall pay the cash -in -lieu requirements. 12. The applicant shall relocate the proposed patio at least 10 feet back from the top of the stream bank in order to increase the buffer zone between the river and development. 13. 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. The site shall be periodically checked by the Zoning Enforcement Officer to enforce all conditions of this approval. 0 I r - \ 1 jFi�Harr NlEf1� n Af ' I FI. or (Lf i ✓urlrk': • Lit" r.i \ rJ\/ r-I,oFE- � .I U • 0 6 THEODORE K GUY A550GIATES PG ARGHITEGT5 AND 5TRUGTURAL EN&NEER5 P.O. BOX 1640 23280 HWY, 82 BASALT, COLOR -ADO 51621 (303) a27-3167 FAX (303) q27-4613 C)ASTE LOT b, RED BUTTE 1420 RED BUTTE DRIVE ASPEN, COLORADO JOB #: 93177 DRANN: RKO CHECKED: PRINTED: - SHEET TITL4-: SITE DEVELOPMENT FLAN Al COPYRl6HT THEODORE K 6V'f A550GIATE5 PG •