HomeMy WebLinkAboutLand Use Case.CU.113 E Hopkins Ave.61A-88��DP'c%�n5 v� Bucher Conditional Use 61A-88
Parcel No. 2735-124-58-002
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ZAND U15E ANPLT.CATION FUN ✓� � � '1 /� f � g rx. �
1) Project Name VARY BUC:tiR RES I DFNCF GARAGE-CARFTA1!R AI'AR1 MFNT
E
2) Project LocatiCjrj 113 EAST HoPKINS AVE NUF. LOTS CFD- BLOCS F8 - CITY
OF ASPEN. COLORADO
( indicate stet address, lot & black number, legal d"- c- iptian �.xe
apprupriat4e)
3) Present Zoning R- 6 4) Lot Size 6 0 0 0 SO. FT.
5) Applicant's Name, Address & Ffione J. C A R Y B U C H F R 5 2 2 F A L 1_ R I V F P R D.
HOUSTON, TFX'AS 77024 DAY - 713-IIF,7-41P0, NT(-,HT - 71'-R27-RnRO
6) Representative's Name, Address & lbone #
7) Type of Applicatirn (please dx-%:.k all that apply) :
Y Oonditional Use
Special Review
8040 Greenline
stream Margin
Nbuntain Vireo Plane
Ivt Splivint Line
Adz Ott
Oor 13b kil SPA
Final S1'A
OonoEjA.ual IUD
Final WD
Final liisLAiric Derv.
Minor Hiss-t ric Dev.
Historic Demolition
Hi mot. �r-i c M i�ntiun
etie. a -77 1 -. a fii
8) Desacipticn of Wstinq Use`; (mnber and type of M3�-tirx3 strtJCt1Xr s;
approximate sq. ft. ; rL �r of bedrocos: any pLevious approvals granted to the
property).
SINGLE FAMILY,RFSIDENCE WITH GARAGE STORAGE OUTBUILDING. 1367 SQ. FT
PI HS OtITRIIII r)IN(, - TF1RFF RFI)I?nnMg - OPPRn\LAL Fill$ RFFKI CiWrLl B14-
HISTORICAL PRESERVATION COMMITTEE FOR PARTIAL DEMOLI-IION AND RE-
ODF1 nF STRII('TIIRF AMr) o RE12I.000MrNT t.A1:1�CL-ST611�,q�� 340U 9W, FT.
PLUS GARAGE - THREE BEDROOMS,
9) Descriptiai of V. at Applicatim
CONDI TI ONAL USE FOR A III ST�)F F/\I I y nF-S i r_n.l TFrI r-Pnj2FRTYID r1l I r)1A
10) you attached the fcillading?
F>espxxse to Attac3imerit 2, Mininm Submission Uar*"Tt`.s
7 Ptepp a to Attactm*tt 3, Specific Su missim OorYt�
Itesponse to Attactmcnt 4, 14--view Standard: for Your Application
ASPEN*PITKIN AGIONAL BUILDINIP DEPIARTMENT
Date: l '" / - �-�
Dear Homeowner 6 Occupant: � - A" 8 U"� >
The County Code of the County of Pitkin requires the Building Inspector
to keep a record showing the proper street number of every building
site. It further provides that the owners and occupants of every
house in the County to place thereon figures at least two and one-half
inches (2-1/2) high visible from the street showing the number of the
house.
The Building Department is in the process of assigning house numbers to
all existing houses in the County in order to eliminate the confusion
that now exists in the County.
We have determined by the map in the Building Department that your
house number should be :
Address:
Legal Description:
subdivision/Sec. Tsp. R.: J
We appreciate your cooperation in placing the above number on your
house. Thank you.
of floes:
517 Most Hopkins Avenue
Aspen, Colorado Biel
3O3/925-15973
M.J. Steinmetz
cl-
Address Official
mail address:
506 East Main Street
Aspen. Colorado 8/811
J
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December 27, 1988
J Gary Bucher
522 Fall River Road
Houston, Texas 77024
Ms. Roxanne Efl in
Aspen/Pitkin Planning Office
130 South Galena
Aspen, CO 81611
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Re: Amendment to Condition Use Application at 113 East
Hopkins Avenue submitted November 17, 1988
Dear Roxanne,
I have attached amended drawings relative to my application
for conditional use, a caretaker's unit. The unit now contains
221.5 square feet living area plus bathroorn. As you will note
on the site plan, the overall structure is lengthened three feet
and is widened four feet only at the west end. The attempt was
to minimize the increase in footprint while providing the area
required by code. Also note that we have added two windows to
the living area.
If there is anything you may need additional, please let me know by
Friday. See you Tuesday.
Sincerely,
J. ry Cher
JGB/rma
�J
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MEMORANDUM
TO: Roxanne Eflin, Planning Office
FROM: Jim Gibbard, Engineering Department t�
DATE: December 21, 1988
RE: Bucher Conditional Use
Having reviewed the above application and made a site visit, the
Engineering Department has the following comments:
1. The applicant needs to include a vicinity map with this
submission.
2. The Engineering Department recommends that construction of a
sidewalk along the Hopkins St. side of this property should be a
condition of approval. If this sidewalk is not constructed prior
to the issuance of a C.O., bonding is required per Section 20-16
(c) (1) of Municipal Code.
3. Although the additional off-street parking which this
application has proposed meets the requirement of Section 5-301
(C) of the Aspen Land Use Regulations, the off-street parking is
very limited in this area and the Engineering Department
recommends that there be more spaces than what has been proposed.
jg/bucher
cc: Jay Hammond
Chuck Roth
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 11 17 88 PARCEL ID AND CASE NO.
DATE COMPLETE: a S 2735-124-58-002 61A-88
STAFF MEMBER: 8 £
PROJECT NAME: Bucher Conditional Use
Project Address: 113 East Hopkins Avenue
Legal Address: Lots C & D, Block 68
APPLICANT: J. Gary Bucher
Applicant Address: 522 Fall River Road Houston, TX 77024
REPRESENTATIVE: Same
Representative Address/Phone: (713) 827-8080
PAID: YES NO AMOUNT: $760.00
TYPE OF APPLICATION: 1 STEP: X 2 STEP:
P&Z Meeting Date--�(� i PUBLIC HEARING: YES NO
2rLol�
CC Meeting Date
VESTED RIGHTS: YES NO
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney
Mtn. Bell
School
District
City Engineer
Parks Dept.
Rocky
Mtn Nat Gas
Housing Dir.
Holy Cross
State
Hwy Dept(GW)
Aspen Water
Fire Marshall
State
Hwy Dept(GJ)
City Electric
Building Inspector
Envir. Hlth.
Roaring Fork
Other
Aspen Consol.
Energy Center
S.D.
DATE REFERRED: �//>7 9A U� INITIALS: -2z2z
---------------------------------------------------------------
FINAL ROUTING: DATE ROUTED: INITIAL:
City Atty
Housing
City Engineer Zoning Env. Health
Other:
FILE STATUS AND LOCATION:
0
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
November 29, 1988
J. Gary Bucher
522 Fall River Road
Houston, TX 77024
RE: Bucher Conditional Use
Dear Gary,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application IS complete.
We have scheduled your application for review by the Aspen
Planning and Zoning Commission at a public hearing on Tuesday,
January 3, 1988 at a meeting to begin at 4:30 PM. The Friday
before the meeting date, we will call to inform you that a copy
of the memo pertaining to your application is available at the
Planning Office.
This application requires a sign to be posted in a conspicuous
place on the property at least 10 days prior to the hearing.
Mailing of notice to all owners of property within 300 feet of
the subject development parcel is also required by the applicant.
If you have any other questions, please call Roxanne Eflin, the
planner assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
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1 • ; . ► b Jul
TO: City Engineer
Fire Marshall
FROM: Roxanne Eflin, Planning Office
RE: Bucher Conditional Use
Parcel ID # 2735-124-58-002
DATE: November 29, 1988
Attached for your review and comments is an application from Gary
Bucher requesting Conditional Use approval in order to use the
garage on the property at 113 East Hopkins as a caretaker
employee unit. The property is in the R-6 zone and is
Historically Designated.
Please review the attached material and return your comments no
later than December 21, 1988 so that I may have time to prepare a
memo for the P&Z.
Thank you.
BUCHER PETROCHEMICAL COMPANY
8955 KATY FREEWAY
P. O. BOX 19651 HOUSTON, TEXAS 77024
HOUSTON, TEXAS 77224
November 16, 1988
Ms. Cynthia M. Houben
Aspen Pitkin Planning Office
130 South Galena Street
Aspn, Colorado 81611
Re: Conditional Land Use Application
Dear Cindy,
PHONE: (713) 467-4180
I have enclosed my conditional land use application for 113
East Hopkins Avenue as well as my check in the amount of
$760 for the applicable fees. If you would give it to the
appropriate person for disposition, you have my sincere
appreciation.
If you need any further supplimentary material, please let
me know.
Regards,
Y Bucher
JGB/rma
A-,7A c ii nit; tr,
[Space Above This Line For Recording Data]
DEED OF TRUST
c:1 1-1IS DEED OF TRUSTNovember
("Securi v It r tqt 'UC � �ad�t3ti .�,`•• f:ie'r 66,'d3fio'u'stOn, ):as
....., among the grantor ...................... ..............................
......................................................................... pr f ); � 1n
( } ,.,,.. tthheC []��C r�1��ee�pf['
County ("Trustee"). and the beneficiary, 51L.s� 8At'.iCP�F tl�(�tiL.�llVD - I=1iG>✓ .......
........................................................................................ ...........................
ac............................................................................................... which is organized and existing
under t }re laws of ......... ...:....-.......................................................... and whose address is ')
-�'00 h;c�,. E3S�.t1 t......7.72?7:7 �'.OS.....................................(•'Lender'E
TY
liormwef m •s Lender the principal sum of ..... 'N1....1.-MbRED TEN THOUSAND FIVE HUNDRED SEVEN —THRE............................................
*� D �' 1 0---------'-------7 Dollars (U.S. S......�.1,0, 573. 55 ) This debt is evidenced b Borrower's note
............................................... y
dated the same date as this Security Instrument ("Nojje" , which provides for monthly payments, with the full debt, if not
paid earlier, due and payable on , or Before s1x (6 ... ontlis... f torn date het eof This Security Instrument
secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and
mtticlifications; (b) the payment of all other surns, with interest, advanced under paragraph 7 to protect the security of this
' e', Yfff y k0firment; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and
464tl - 11=Ht ibis purpose; Borrower, in consideration of the debt and the trust herein created, irrevocably grants and
F �, +.i�+at- -; 1iiJ if0st; with power of sale, the following described property located in ..................................................
,. r.: i i
.............................County, Colorado:
(68) , City and Townsite of Aspen, County of
Nhich has the address of 113 East Horikins Avc�rnie As1?�n..................
..................................................... ................ ,
$1611 (Street] [City]
Colorado ...................................................... (..Property Address");
(Zip Code)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or
hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the
foregoing is referred to in this Security Instrument as the "Property,"
BORROWER COVENANTS that Borrower is lawfully seised of the :state hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THis SECURiTi' INSTRUMENT combines uniform covenants for national use find non -uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
COLORADO—single• Family—FNMA/FHLMC UNIFORM INSTRUMENT Form 3006 12/83
UNIFORM COVENANTs. Bever and Lender covenant and agree as follo"18
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due
the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay
to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to
one -twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly
leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly
mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the
basis of current data and reasonable estimates of future escrow items.
The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or
state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items.
Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless
Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and
Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law
requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender
shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the
purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by
this Security Instrument.
If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to
the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be,
at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the
amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any
:amount necessary to make up the deficiency in one or more payments as required by Lender.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later
than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of
application as a credit against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the
Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any.
Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall
pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts
to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender
receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good
f.lith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to
prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of
the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days
of the giving of notice.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The
insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be
unreasonably withheld.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance
carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then dale, with any excess paid to Borrower. If
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore
the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin
when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and'_ or change the amount of the payments. If
under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting
from damage to the Property prior to the acquisition shall piss to Lender to the extent of thZe sums secured by this Security
Instrument immediately prior to the acquisition.
6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially
change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold.
Burrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and
fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property; Mortgage Insurance. if Borrower fails to perform the
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect
Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to entorce laws or
regulations), then Lender may du and pay for whatever is necessary to protect the value of the Property and Lender's rights
in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security
Instrument. appearing in court. pad ing reasonable attorneys' fees and entering on the Property to make repairs.:\]though
Lender may take action under this paragraph 7, Lender does not have to do.o,
:any ar*lounts disbursed by Lender under this paragraph 7 shall hecome addirlunal debt of Borrower secured by this
Security Instrument. Unless Burrower and Lander three to ether terms ui payment. these amounts shall hear interest from
'.!le date m ,tishursernent at the Note rat, :ind shall �e na%able. %Wl inwre.l. ort'l1 11011Ce !,Oln L.n.l,:r to i3rrrr%%cr
ralL'eStI11L ��:Iwntelll.
If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,
Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the
insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law.
S. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender
shall give Borrower not ice at the time of or prior to an inspection specifying reasonable cause for the inspection.
9. Condemnation. The proceeds of any award or claim for damages, director consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,
unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by
the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately
before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be
paid to Borrower.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to
make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is
given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or
to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest.
Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for
payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made
by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy
shall not be a waiver of or preclude the exercise of any right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions
of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey
that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay
tilt sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend,
modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without
that Borrower's consent.
12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in
connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge under the Note.
13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of
rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option,
may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies
permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of
paragraph 17.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by
first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided
in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the
Note are declared to be severable.
16, Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or ifa beneficial interest in Borrower is sold or transferred and Burrower is not a natural
person) lvtthout Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by
federal law as of the date of this Security Instrument.
II Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of clot less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by
this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (.)r such other period as
applicable lacy may specify for reinstatement) before safe of the Property pursuant to any power of sale contained in this
Sccurtt% Instrument, or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:
,,lt p;l)s Lender all runts which then would be due under this Security Instrument and the dote had no acceleration
`::erred: IN cures any default (If ally (,ther :o%enatlts or :%greements: 1:1 pays, all .xpetNes 1nCUffdd In enforClnit this
Je:arlt� In�Ifutlletll. In:llldln�, bUI t1Ut limited t.1. rea��ttlable :ittorne` s' ,e.: and id) takes �uCil wtioon .►s Lander ltlay
,,asonarl% require to assure that :he lien of Ow., Security Instrument. Lender's ri;hts in the Property and Borrower's
gay the NlltTl5 �eCllfed by tI1N \:Cl::;ty Instrument •mill _olillnur'Ine'tallyetl. 1:��+n felncl:ll�nitnl bV
,j,•ff,`��:f.:! 1� Secnrit\ lnstrument ano the `hllCatl�'tl� %ecureo .lel%m wall "e n-Lin ::f1ly •a♦'eCtly� .l� ,1 I or
huJ
:::1''.� • ;1, Ne�:f. tl1l� rlL'tlt to r.ltl�l:tie �11:U1 Il1tt ,Ippiy !tl :he time `,1..l:e.tef.11l�ltl ,111�Sef �.lf.11 rahnS i `,1f
`ON•UNM R`t C OVENA013orrow'er and Lender further covenant and agrecas follows:
19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17
unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the
default; (c) a date, not less than 30 days from the bate the notice is given to Borrower, by which the default must be cured;
and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums
secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other
defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender
at its option may require immediate payment in full of all sums secured by this Security Instrument without further
demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to
collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to,
reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, bender shall give written notice to Trustee of the occurrence of an event of
default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as
provided in paragraph lei. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee
shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of the notice of
sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After
the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the
highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and
in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the
time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will
be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements
made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including,
but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any
excess to the person or persons legally entitled to it.
20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in
person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the
Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver
shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not
limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by
this Security Instrument.
21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee
release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this
Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay
any recordation costs and the statutory Trustee's fees.
22. Waiver of homestead. Borrower waives all right of homestead exemption in the Property.
23. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instrument. (Check applicable box(es)]
❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 2-4 Family Rider
❑ Graduated Payment Rider ❑ Planned Unit Development Rider
❑ Other(s) [specify]
BN' SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
:..-,.., ............................... (Seal)
rl Y CH)rR —Borrower
...................... I .......................... ,..................................... (Seal)
—Borrower
THE: STATE OF )r L c' i.=w C)0
COLZ ;Y OF __t- %f<l N
( SEAL)
(Space Below This Line For Acknowledgment]
his instrument ::its ac':ne:;lec'_: ;:efcre me cn the 3 day c� AJO%faf����
J . GARY r UCIJER .
State ► v.�
:'rintec_' i`:ame Z Notary Public
•
�J
such as a plat, deed restriction or agreement, will need to
be reviewed and recorded before a Building Permit is issued.
For more information on the Building Permit Stage, please
visit the Building Department to obtain handouts on their
review procedures.
lstepsumm
Stage Four: Review of Development Application. Once your
application is determined to be complete, a date for its
review by the Commission or Council will be set. This date
is normally about 30 days subsequent to the date your
application is found complete. However, if the Commission
or Council agenda of that date is already full, your
application may be scheduled a maximum of 60 days from the
date it is found complete.
During the staff review stage, the application will be
referred to other agencies for comments. You may be
contacted by the staff member assigned to your case or
directly by the agency if additional information is needed
or if problems are identified.
Referral comments are due into the Planning Office about two
weeks before your scheduled review date. When they are
received, the staff member assigned to your case will
compile them, along with his or her own review comments with
respect to the proposal's compliance with the Code, into a
review memo. The planner will also recommend approval,
denial or tabling of the application and recommend
appropriate conditions to this action. The memo is normally
available at the end of the week before your hearing. You
will be called to pick up a copy of the memo when it is
ready, or we can mail it to you if you so request.
During the period of staff review, it is essential that
public notice be given, when required for your development
application. The requirements for notice of your
application are provided in Attachment 5.
Your project will be presented to the Commission or Council
at a regularly scheduled meeting. A copy of the agenda
showing where during the meeting your application is
scheduled can be obtained when you pick up the staff memo.
The typical meeting includes a presentation by staff, a
presentation by you or your representative, questions and
comments by the review body and the public and an action on
the staff recommendation, unless additional information is
requested by the review body.
Stage Five: Receipt of Building Permit. Once you have
received final approval of your development application, you
may proceed to building permit review. During this time,
your project will be examined for its compliance with the
Uniform Building Code. It will also be checked for
compliance with applicable provisions of the Land Use
Regulations which were not reviewed in detail during the one
step review (this might include a check of floor area
ratios, setbacks, parking, open space and the like). Fees
for water, sewer, parks and employee housing will be
collected if due. Any document required to be recorded,
MEMORANDUM
To: Aspen Planning and Zoning Commission
From: Roxanne Eflin, Planning Office
Re: Conditional Use - 113 East Hopkins Ave.
Date: January 3, 1988
REQUEST: Conditional Use approval for the construction of a
second detached dwelling on a site containing a historic
landmark. The second unit would be located in a garage which is
proposed to be built on the site.
APPLICANT: J. Gary Bucher
LOCATION: 113 E. Hopkins Ave., Lots C and D, Block 68, Townsite
and City of Aspen
ZONING: R-6; H, Historic Overlay
SUMMARY: Section 5-201 of the Land Use Code provides for the
development of two detached dwelling units on a lot with a
minimum area of 6,000 sq. ft., provided the site has received
historic landmark designation. The applicant wishes to convert
the storage space in the proposed new garage structure to a
caretaker dwelling unit to assist in meeting the community's
affordable housing goals. The conditional use review, however,
does not require that the dwelling unit be deed restricted with
regard to price or occupancy.
DESCRIPTION OF THE PROPOSAL: The total proposed square footage
of the detached one car garage is 448 sq. ft. , with 287 sq. ft.
designated for parking and 161 sq. ft. for the dwelling unit. An
additional paved parking pad adjacent to the garage will provide
on -site parking for an additional vehicle.
OTHER COMMITTEE ACTION: In June, 1988, the HPC approved the
Final Development plans for the parcel, which includes the
partial demolition and remodeling of the (c. 1888) principal
structure, the demolition of the one car detached garage (which
demolition has been completed) and the reconstruction of a one
car garage with storage.
REFERRAL COMMENTS:
1) Engineering Department: The following requests were made in
the attached memorandum by Jim Gibbard of the Engineering
Department.
40
a. A sidewalk should be constructed along Hopkins Street
as a condition of approval. Should the sidewalk not be
constructed prior to the issuance of a C.O., bonding is
required per Section 20-16 (c)(1) of the Municipal
Code.
b. The Engineering Department recommends that the
applicant provide for more on -site parking than what is
proposed, even though the parking spaces proposed meet
the requirements of Section 5-301(c) of the Land Use
Regulations. The recommendation is made based upon the
limited amount of off-street parking in this area.
2) Fire Marshall: Wayne Vandemark requests the caretaker unit
have a separate address from the main structure,
recommending 113 1/2, so that their records would indicate
two residences on the site.
3) Building Department: The square footage indicated for the
dwelling unit is below the minimum allowable size. The
Building Department and Staff recommend the applicant
enlarge the unit accordingly, shifting the proposed
footprint slightly to insure against set back encroachment.
Staff has notified the applicant of the inadequacy. Mr.
Bucher intends to present the enlargement plans at tonight's
meeting.
STAFF COMMENTS: Section 7-304 of the Land Use Code requires that
a conditional use approval meet the following criteria:
A. Criteria: The conditional use is consistent with the
purposes, goals, objectives and standards of the Aspen Area
Comprehensive Plan, and with the intent of the Zone
District in which it is proposed to be located.
Response: The 1973 plan designates this area as "Mixed
Residential". Staff finds the proposal consistent with the
Comprehensive Plan and community -wide efforts to provide for
integrated affordable housing where possible.
B. Criteria: 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: Staff finds that the use is compatible in
character with the neighborhood which consists of a variety
of land uses from single family to small lodge and
condominium complexes. Secondary dwelling units are found
on sites elsewhere in the neighborhood. We find no negative
K
r 4r
impacts with the addition of the proposed dwelling unit on
this site.
C. Criteria: 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: The Planning Office finds that the proposal
minimizes any adverse effects. Its design is simple in
nature and has been previously approved by the Historic
Preservation Committee. However, in a referral comment from
Rob Weien of the Building Department, an enlargement of the
dwelling unit will be required to meet the minimum
standards. Currently the space measures 161 sq.ft. A
minimum of 220 sq.ft. is required for each legal dwelling
unit. Staff finds that a slight enlargement would not
impact the nature of the structure or its compatibility
with the principal structure, a historic landmark, located
on the parcel. However, a Minor Development application
must be approved by the Historic Preservation Committee,
amending the previously approved plan, subject to the
criteria specified in Section 7-601(E).
Although the caretaker dwelling unit will not be deed
restricted, Staff discussed the proposal with the Housing
Authority in relation to size standards. Given the
voluntary nature of the unit, the Housing Authority's
minimum 300 sq.ft. standard would not apply. Should the
applicant wish to deed restrict the unit in the future, the
Housing Authority would accept it as an existing unit.
The Planning Office finds that the parking criteria
established in Section 5-301(C) are satisfied with this
proposal. The site currently contains one parking space to
serve the main three -bedroom house. The proposed parking
plan indicates two new spaces, one to serve the new dwelling
unit, the other to serve the principal house. The new
addition to the main house creates no additional bedrooms.
D. Criteria: 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.
Response: The application states that with the limited
scope of the proposed conditional use, it does not appear
that public facilities and services currently existing would
be taxed or be inadequate for the conditional use. Staff
W
M 416
finds that the existing public facilities serve this
project well, as the project is limited in scope and should
not produce a negative impact on the public facilities.
E. Criteria: 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: Staff commends the applicant for this proposed
conditional use which meets the goals of the Comprehensive
Plan by providing additional living space for a year-round
resident without negatively or adversely affecting the
structure, surrounding land use or visual profiles of the
site.
RECOMMENDATION: The Planning Office recommends approval of the
request for conditional use subject to the following conditions:
1. That the structure be addressed according to the Fire
Marshall's recommendation: 113 1/2 W. Hopkins Ave.
2. That the applicant meet the requirement of the
Engineering Department to install a sidewalk along Hopkins
Street, posting a bond as required in Section 20-16 (C)(1)
if the sidewalk is not constructed prior to the issuance of
a C.O.
3. That the dwelling unit be slightly enlarged to meet the
Building Department's criteria for minimum dwelling size of
220 sq. ft.
4. That the HPC review and approve the dwelling unit
enlargement prior to the issuance of a building permit.
memo.pz.113eh
4
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GARAGE END ELEVATION
SCALE : 1 /8"-1'0"
GARAGE SIDE ELEVATION
SCALE : 1/8"-1'0"
M M
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SCALE : 1/8"-1'0"
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SCALE :
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MEMORANDUM
TO: City Engineer
Fire Marshall
FROM: Roxanne Eflin, Planning Office
RE: Bucher Conditional Use
Parcel ID # 2735-124-58-002
DATE: November 29, 1988
Attached for your review and comments is an application from Gary
Bucher requesting Conditional Use approval in order to use the
garage on the property at 113 East Hopkins as a caretaker
employee unit. The property is in the R-6 zone and is
Historically Designated.
Please review the attached material and return your comments no
later than December 21, 1988 so that I may have time to prepare a
memo for the P&Z.
Thank you.
�N,
-7
f�i k V MEMORANDUM
To: Aspen Planning and Zoning Commission
From: Roxanne Eflin, Planning Office
Re: Conditional Use - 113 East Hopkins Ave.
Date: January 3, 1988
REQUEST: Conditional Use approval fdYrthe cons ruction of a
second detached dwelling in a garage structure,
APPLICANT: J. Gary Bucher OCI
LOCATION: 113 E. Hopkins Ave., Lots C and D, Block 68, Townsite
and City of Aspen
ZONING: R-6; H, Historic �v lay
SUMMARY. Section 5-201 of th Land Use, Code provides for the
development of two detached dwe Jing units with a minimum lot
area of 6,000 sq. ft. provided the site has received hi toric
landmark designation. Th°e applicant wishes to conve t the
proposed storage space in the proposed new garage struc e to a
caretaker dwelling unit to assist in meetingj'the c unity's
af�f � rd le ho ing L>,,- jF s ,� it �f<<i
fi
DESCRIPTION O HE PROPOSAL: The total proposed. `uare footage
of tl�e detached be car garag is 448 sq.' ft., w th 287 sq. ft.
desig ted for p r1king and 161 sq. ft. for the"dwelling unit. An
additi0 al paved pa\rking__pa-d�j-acent to the.""i�arage will provide
on -site arking oran additional vehicle.
OTHER COMMITTEE ACTION: In June, 1988, the HPC approved the
plans for the parcel, which includes the
Final Development,.
partial dem lition and remodeling of'the principal structure (c.
the �depa lition of the,,,f'one' car detached garage (which
demolition has been completed) and the reconstruction of a one
car garage with storage.
I
REFERRAL COMMENTS:
1) Engineering Department The following requests were made in
the attached,memor4ridum by Jim Gibbard of the Engineering
Department. s
a. A sidewalk should be constructed along Hopkins Street
as a condition of approval. Should the sidewalk not be
constructed prior to the issuance of a C.O., bonding is
required per Section 20-16 (c)(1) of the Municipal
Code.
b. The Engineering Department recommends that the
applicant provide for more on -site parking than what is
proposed, even though the parking spaces proposed meet
the requirements of Section 5-301(c) of the Land Use
Regulations. The recommendation is made based upon the
limited amount of off-street parking in this area.
2) Fire Marshall: Wayne Vandemark requests the caretaker unit
have a separate address from the main structure,
recommending 113 1/2, so that their records would indicate
two residences on the site.
3) Building Department: The square footage indicated for the
dwelling unit is below the minimum allowable size. The
Building Department and Staff recommend the applicant
enlarge the unit accordingly, shifting the proposed
footprint slightly to insure against set back encroachment.
Staff has notified the applicant of the inadequacy v a4vd lam-!�'
wiH intends to i-ndic-ate the enlargement ,at
r,.-- h4- -a meeting.
,
w
STAFF COMMENTS • G' �' GO `�
A. Criteria: 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.
a. tesponse: v Staff finds the proposal consistent with the
'� dComprehensive Plan and community -wide wide efforts to p y- provide for
�cm`�e9„ integrated affordable housing where possible.
.�e S J t4
B. Criteria: 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: Staff finds that the use is compatible in
character with the neighborhood which consists of a variety
of land uses from single family to a hotel and condominiums
complexes. Secondary dwelling units are found on sites
elsewhere in the neighborhood. We find no negative impacts
with the addition of the proposed dwelling unit on this
site.
C. Criteria: The location size, design and operating
characteristics of the proposed conditional use minimizes
adverse effects, including visual impacts, impacts on
E
pedestrian and vehicular circulation, parking, trash,
service delivery, noise, vibrations and odor on surrounding
properties.
Response: The Planning Office finds that the proposal
minimizes any adverse effects. Its design is simple in
nature and has been previously approved by the Historic
Preservation Committee. However, in a referral comment from
Rob Weien of the Building Department, an enlargement of the
dwelling unit will be required to meet the minimum
standards. Currently the space measures 161 sq.ft. A
minimum of 220 sq.ft. is required for each legal dwelling
unit. Staff finds that an slight enlargement would not
impact the nature of the structure or its compatibility
with the principal structure, a historic landmark, located
on the parcel. However, a Minor Development application
must be approved by the Historic Preservation Committee,
amending the previously approved plan, subject to the
criteria specified in Section 7-601(E).
D. Criteria: 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.
Response: The application states that with the limited
scope of the proposed conditional use, it does not appear
that public facilities and services currently existing would
be taxed or be inadequate for the conditional use. Staff
finds that the existing public facilities serve this
project well, as the project is limited in scope and should
not produce a negative impact on the public facilities.
E. Criteria: 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: Staff finds that the proposed conditional use
meets the goals of the Comprehensive Plan by providing
additional living space for a year-round resident without
negatively or adversely affecting the structure, surrounding
land use or visual profiles of the site.
RECOMMENDATION: The Planning Office recommends approval of the
request for conditional use subject to the following conditions:
1. That the structure be addressed according to the Fire
Marshall's recommendation: 113 1/2 W. Hopkins Ave.
3
2. That the applicant meet the requirement of the
Engineering Department to install a sidewalk along Hopkins
Street, posting a bond as required in Section 20-16 (C)(1)
if the sidewalk is not constructed prior to the issuance of
a C.O.
3. That the dwelling unit be slightly enlarged to meet the
Building Department's criteria for minimum dwelling size,-
4. That the HPC review and approve .sue dwelling unit
enlargement prior to the issuance of a building permit.
memo.pz.113eh
•
I]]
ATTACHMENT 2
Minimum Submission Contents for All Development Applications
1. Applicant and Authorized Representative:
J. Gary Bucher (o) 713-467-4180
522 Fall River Road (h) 713-827-8080
Houston, Texas 77024
2. Street address any legal description of the parcel on
which the development is proposed to occur.
113 East Hopkins Avenue
Lots C & D, Block 68, Townsite of Aspen, Pitkin County, Colorado
3. See attachment. 1
4. See attachment. 2
5. The proposed development complies with the substantive review
standards relevant to the Development Application as stated by
the attached Application for Historical Preservation Committee
Development Relliew which was approved by the "HPC" June 14,
1988 with the exception of conditional use of the garage -storage
building which willbe addressed in Attachment 4.
0
ATTACHMENT 3
A. See attachment. 3 (HPC approved plans dated 6/14/88 and
blueprint of garage -caretaker's quarters and site plan)
0
MR. & MRS. CARY B UCHER RESIDENCE
113 EAST HOPKINS
ASPEN, COLORADO
ASPEN IiIgTURI PRESERVATION COMMITTEE
CHAIRMAN = DATE -
APPROVED
APPROVED G DENIED
CONDITIONS
ANY DEVIATION FROM THESE PUNS MUST BE
SUBMITTED FOR REAPPROVAL
RARL KRAUSE CORPORATION
ARCHITECTS/ENGINEERS
820 GESSNER, SUITE 870
HOUSTON, TEXAS 77024
713/973-3950
D:NTE : 5-20-88
0
I
N
-O"
40'-0'
]FIRST FLOOR ]PLAN
SCALE : 1/8'-1'0'
DATE : 9-03-87
REV.1 : 9-10-87
REV. 2 : 9-14-87
REV.3:10-02-87
REV.4:1-20-88
NEW'
FIRE PLACE
1 st FLOOR : EXISTING - 660 S.F.
NEW - 864 S.F.
TOTAL 1st FLOOR -1524 S.F.
2nd FLOOR
TOTAL
:NEW - 864' S.F.
2388 S.F
NORTH
SECOND FLOOR MAN
SCALE : 1 /8' - 1 '0'
DATE : 9-03-87
REV-1 : 9-10-87
REV. 2 : 9-14-37
REV.3:10-02-87
REV.-,:1 -20-38
REV. 5:3-25-88
RE V.6:3-30-88
NORTH
FRONT ELEVATION
REV.6:3-30-86
BUCHER RESIDENCE
1.13 HOPKINS
0
EXISTING HOUSE
EAST ELEVATION
SCALE : 1/8"-1'0"
WEST ELEVATION
SCALE :' 1/8'-1'0'
0
�n
N
REAR ELEVATION
SCALE : 1/8"-1'0"
)EXISTING
HOUSE.
ATTACHMENT 4
Review Standards: Development of Conditional Use
A. Since the primary residence has a historical designation located
in R-6 zoned area, it is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan
to allow a second building on a 6000 square foot lot to be
residental in nature. In this case, a caretaker's living
quarters is being incorporated into the proposed garage with
an apron abutting it to provide an additional parking space.
Total coverage of the lot by all improvements is less than
40%. This characterization in no way changes the "HPC" approved
exterior development plans.
B. The surrounding land uses vary from single family dwellings to
a hotel and condominium complexes. The lot adjacent to the east
currently has a primary residence as well as a quarters to the
rear of the lot. It is therefore felt there is no inconsistency
or incompatibility with the surrounding land uses relative to
the proposed conditional use.
C. It is felt that there are no negative impacts for such condi-
tional use and in fact, the primary impact is very positive
with the aspect that someone most likely would be in residence
on the property full time.
D. With the limited scope of the proposed conditional use, it does
not appear that public facilities and services currently
existing would be taxed or be inadequate.
E. Essentially, this application for conditional use development
is only concerned with minor use change relative to the currently
approved redevelopment plans. In light of the Aspen Area Develop-
ment Plan and Historic Element, City Ordinance 11 - 1987, and
City Resolution 11 - 1988, the proposed use coincides with the
general incentives and spirit put forth by such. That is, an
additional living space is being created for a year around
resident without negatively or adversely affecting the structure,
surrounding land use or visual profiles of the locale.
ti
ti
NOTICE TO ADJACENT PROPERTY OWNERS
RE: BUCHER CONDITIONAL USE APPLICATION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, January 3, 1988 at a meeting to begin at 4:30 PM before
the Aspen Planning and Zoning Commission, Second Floor Meeting
Room, 130 South Galena Street, Aspen, Colorado, to consider an
application from J. Gary Bucher requesting Conditional Use
approval in order to construct a second detached dwelling in a
garage structure at 113 East Hopkins, pursuant to the City
Historic Preservation provisions. The propertyeiSlocated on
is Histori ally
Lots C & D, Block 68, is zoned R-6,
Designated.
For further information, contact the Aspen/Pitkin Planning
Office, 130 South Galena Street, Aspen, Colorado, (303) 920-5090.
s/C Welton Anderson
Chairman, Aspen Planning and
Zoning Commission
Aspen) t-itKkn elarming
130 S. Galena
Aspen, CO 81611
DEC 15
less
AETUR4F 6 i : ►� r«
• TO O
SENDER
Forwarding Order Expired
INS. ADD.
G
27
ATTACHMENT 4
Review Standards: Development of Conditional Use
A. Since the primary residence has a historical designation located
in R-6 zoned area, it is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan
to allow a second building on a 6000 square foot lot to be
residental in nature. In this case, a caretaker's living
quarters is being incorporated into the proposed garage with
an apron abutting it to provide an additional parking space.
Total coverage of the lot by all improvements is less than
40%. This characterization in no way changes the "HPC" approved
exterior development plans.
B. The surrounding land uses vary from single family dwellings to
a hotel and condominium complexes. The lot adjacent to the east
currently has a primary residence as well as a quarters to the
rear of the lot. It is therefore felt there is no inconsistency
or incompatibility with the surrounding land uses relative to
the proposed conditional use.
C. It is felt that there are no negative impacts for such condi-
tional use and in fact, the primary impact is very positive
with the aspect that someone most likely would be in residence
on the property full time.
D. With the limited scope of the proposed conditional use, it does
not appear that public facilities and services currently
existing would be taxed or be inadequate.
E. Essentially, this application for conditional use development
is only concerned with minor use change relative to the currently
approved redevelopment plans. In light of the Aspen Area Develop-
ment Plan and Historic Element, City Ordinance 11 - 1987, and
City Resolution 11 - 1988, the proposed use coincides with the
general incentives and spirit put forth by such. That is, an
additional living space is being created for a year around
resident without negatively or adversely affecting the structure,
surrounding land use or visual profiles of the locale.
• s
CONDITIONAL USE
Application Package Contents
Attached is a Development Application package for submission of
your application. Included in this package are the following
attachments:
1. Application Form
2. Description of Minimum Contents of Development Application
3. Description of Specific Contents for Submission of your
Application
4. Copy of Review Standards for Your Application
5. Public Hearing Notice Requirements Summary
6. General Summary of Your Application Process
Generally, to submit a complete application, you should fill in
the application form and attach to it that written and mapped
information identified in Attachments 2 and 3. Please note that
all applications require responses to the review standards for
that particular development type. The standards for your
application are listed in Attachment 4.
You can determine if your application requires that public notice
be given by reviewing Attachment 5. Table 1 of that attachment
will tell you whether or not your application requires notice and
the form the notice should take. Your responsibilities in this
regard are summarized in the cover explanation to the table.
We strongly encourage all applicants to hold a pre -application
conference with a Planning Office staff person so that the
requirements for submitting a complete application can be fully
described to you.
Please also recognize that review of these materials does not
substitute for a complete review of the Aspen Land Use
Regulations. While this application package attempts to
summarize the key provisions of the Code as they apply to your
type of development, it cannot possibly replicate the detail or
the scope of the Code. If you have questions which are not
answered by the materials in this package, we suggest that you
contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations.
appcover
ATIAaNENT 1 •
*AND USE APPLSCATION LURM
1) Project Name
2) Project Location
3)
5)
( indicate street address, lot & block number, legal description where
appropriate)
Present Zoning 4) lot Size
Applicant's Name, Address & Phone #
6) Representative's Name, Address & Phone #
7) Type of Application (please check all that apply):
Conditional Use Conceptual. SPA Conceptual Historic Dev.
Special Review Final SPA Final Historic Dev.
8040 Greenline Conceptual RM Minor Historic Dev.
Stream Margin Final PUD Historic Demolition
Mountain View Plane Subdivision Historic Designation
Condcoin i u tm i nation Text/Map Amendment GN S Allotment
Lot Split/Lot Line GK�S won
Adjustment
8) Description of E5d-sting Uses (rnmber and type of existing structures;
approximate sq. ft. ; rnmber of bedrncs; any previous approvals granted to the
Prey) -
9) Description of Development Application
10) Have you attached the following?
Response to Attachment 2, Minimum SuYmi tail Contents
Rye to Attachment 3, Specific Submission Contents
Response to Attachment 4, Review Standards for Your Application
TASTE 1
SUMMOF PUBLIC HEARING NOTICE PRDCEL*S
APPLICATION TYPE PUBLIC HEARING ? BY FhM
Conditional Use Y Commission
Special Review N
8040 Greenline
N
Stream Margin
N
Mountain View Plane
N
Conceptual Historic Development Y
Final Historic Development
N
Minor Historic Development
N
Historic Demolition
Y
Historic Designation
Y
Conceptual SPA
Final SPA
Conceptual PUD
Final PUD
Subdivision
Condominiumization
Lot Split
Lot Line Adjustment
GMQS Allotment
GMQS Exemption
Map Amendments
Text Amendments
Y
Y
Y
Y
Y
N
Y
N
Y
N (except for
lot split)
maze:
4 -1•
HPC, Commis.
& Council
Council
Commission
Council
Commission
Commission
Council
FURM OF NOTICE*
2,3
1,2,3
1,2,3
HPC-1,2,3
Commis.- 1,2,3
Council-4
1,2,3
1,2,3
1,2,3
1,2,3
1,2,3
1,2,3
Commission 1,2,3
see above for lot split
Y Commission &
Council
Y Commission &
Council
* Numbers refer to the following:
1 = Publication in newspaper
2 = Posting of property
3 = Mailing to surrounding landowners
4 = Ordinance adoption procedures
Commis. -1, 2, 3
Council-4
Commis. -1
Council-4
Attachment 6
General Summary of One Step Commission and One Step Council
Application Process
1. Application Types: The following are the Development
Applications which are processed in one step by the
Commission:
* Conditional Use
* Special Review (Dimensional Requirements, Parking or
Utility/Trash Service Area)
* ESA (8040 Greenline, Stream Margin or Mountain View
Plane)
* GMQS Exemption for expansion of commercial or office
use, change in use and for historic landmark
The following are the Development Applications which are
processed in one step by the Council:
* Subdivision Exemption for lot line adjustment, lot
split or condominiumization
* GMQS Exemption for lot split
2. Development Review Procedure Summary: The one step
development review procedure can be described as follows.
Stage One: Attend pre -application conference. The purpose
of this one-on-one meeting with staff is to determine the
review process into which your development proposal fits and
to identify the materials staff will need to review your
application.
Stage Two: Submit Development Application. Based on your
meeting with staff, you should respond to the appropriate
portions of the application package and submit the requested
number of copies of a complete application, with the
appropriate processing fee, to the Planning Office.
Stage Three: Determination of Completeness. Within five
working days of the date of your submission, the application
package will be reviewed by a member of the staff. You will
be notified in writing of whether the application is
complete or if additional materials are required. Please be
aware that the purpose of the completeness review is to
determine whether or not you have submitted what was
requested, not whether the information is sufficient to
obtain approval.
ATTACHMENT 4
Review Standards: Development of Conditional Use
When considering a Development Application for a conditional
use, the Commission shall consider whether all of the following
standards are met.
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
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 ac-
tivities in the immediate vicinity of the parcel
proposed for development; and
C. The location, size, design and operating characteris-
tics of the proposed conditional use minimizes adverse
effects, including visual impacts, impacts on pedes-
trian and vehicular circulation, parking, trash,
service delivery, noise, vibrations and odor on
surrounding properties; and
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
E. The proposed conditional use complies with all addi-
tional standards imposed on it by the Aspen Area
Comprehensive Plan and by all other applicable require-
ments of this chapter.
Attachment 5
Public Hearing Notice Requirements
There are three forms of notice required by the Aspen Land Use
Regulations, these being notice by publication in the newspaper,
notice by posting of the property and notice by mail to
surrounding landowners. You can determine whether your
application requires notice, and the type of notice it requires,
from Table 1, which is attached to this summary.
Following is a summary of the notice requirements, including
identifying who is responsible for completing the notice.
1. Publication
Publication of notice in a paper of general circulation in the
City of Aspen is to be done at least 15 days prior to the
hearing. The legal notice will be written by the Planning Office
Administrative Assistant and we will place the notice in the
paper within the appropriate deadline.
2. Posting
Posting of a sign in a conspicuous place on the property is to be
done 10 days prior to the hearing. It is the applicant's
responsibility to obtain a copy of the sign from the Planning
Office, to fill it in correctly and to bring proof (preferably a
photograph) to the hearing that posting took place.
3. Mailing
Mailing of notice is to be made to all owners of property within
300 feet of the subject development parcel by the applicant. It
is the applicant's responsibility to obtain a copy of the notice
from the Planning Office, to mail it according to the following
standards, and to bring proof to the hearing (in the form of a
signed affidavit) that the mailing took place.
Standards for notice shall be as follows:
a. Any federal agency, state, county or municipal
government service district or quasi governmental agency
that owns property within 300 feet of the subject property
must be mailed notice 15 days prior to the hearing.
b. All other landowners within 300 feet of the subject
property must be mailed notice 10 days prior to the hearing,
unless notice is given by hand delivery, in which case it
must be sent 5 days prior to the hearing.
C. Subdivision applications only also require notice by
registered mail to all surface owners, mineral owners and
lessees of mineral owners of the subject property.
The names and addresses of property owners shall be those on the
current tax records of Pitkin County as they appeared no more
than sixty days prior to the date of public hearing.
ATTACHMENT 2
Minimum Submission Contents for All Development Applications
All Development Applications shall include, at a minimum,
the following information and materials.
1. The applicant's name, address and telephone
number, contained within a letter signed by the
applicant stating the name, address, and telephone
number of the representative authorized to act on
behalf of the applicant.
2. The street address and legal description of the
parcel on which the development is proposed to
occur.
3. A disclosure of ownership of the parcel on which
the development is proposed to occur, consisting
of a current certificate from a title insurance
company, or attorney licensed to practice in the
State of Colorado, listing the names of all owners
of the property, and all mortgages, judgments,
liens, easements, contracts and agreements
affecting the parcel, and demonstrating the
• owner's right to apply for the Development
Application.
4. An 8 1/211x 11" vicinity map locating the subject
parcel within the City of Aspen.
5. An explanation of why the proposed development
complies with the substantive development review
standards relevant to the Development Application.
ATTACHMENT 3
Specific Submission Contents: Development Application
for Conditional Use
The Development Application for a conditional use shall
include the following.
A. A sketch plan of the site showing existing and proposed
features which are relevant to the review of the
conditional use application; and
B. If the application involves development of a new
structure or expansion or exterior remodeling of an
existing structure, proposed elevations of the struc-
ture.
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6" PERFORATED
DRAIN PIPE ONLY
ADJACENT TO FOUNDATION
I, HAROLD W. JOHNSON, A REGISTERED
SURVEYOR IN THE STATE OF COLORADO, DC
HEREBY CERTIFY THAT A SURVEY WAS MADI
UNDER MY DIRECT SUPERVISION OF A TWO
STORY FRAME HOUSE AND A ONE STORY
FRAME GUESTHOUSE.
ALL EASEMENTS AND ENCROACHMENTS
IN EVIDENCE OR KNOWN TO ME ARE SHOW
SAID SURVEY IS TRUE AND ACCURATE TO
THE BEST OF MY KNOWLEDGE AND BELIEF.
HAROLD W Upli(15ON
IMPROVEMENT SURVEY
113 EAST HOPKINS
BLOCK 68 - LOTS C,D
ASPEN, COLORADO
✓OHNSON - LONGFELLOW a ASSOC, 1A
BOX 5547 WEST VILLAGE BRANCH ASPEN, COLO. 81
SCALE I" = 10
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PROVAL:
R VISIONS:
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NO.: 87129
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FLOOR PLAN
SCALE : 1/4"=l'0"
F/N : 87129A31
DATE: 12-23-813
NORTH ELEVATION
SCALE : 1/4"=1"0"
SOUTH ELEVATION
SCALE : 1/4"=1"0"
WEST ELEVATION
SCALE : 1/4"=1'0"
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APPROVAL:
REVISIONS:
JOB NO.:87129
F/N: 87129A31
DATE: 12-23-88
A-3.1
SHEET OF
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