HomeMy WebLinkAboutLand Use Case.234 W Hallam St.A092-98MEMORANDUM
TO: Planning and Zoning Commission
THRU: Julie Ann Woods, Community Develo ent Director
Mitch Haas, Interim Deputy Direct /oyr
FROM: Christopher Bendon, Planneo�/0i�
1 Y !7A-
RE: Westend Partnership Conditional Use for Two ADUs -- P;_b_fi�cHearing
234 West Hallam Street
(GMQS Exemptions)
DATE: January 5, 1999 (continued from December 8, 1998)
SUMMARY:
The applicant, the Westend Partnership represented by Jim Colombo, has applied for
Conditional Use approval for two (2) Accessory Dwelling Units to be located in two new
single - family homes being constructed at 234 West Hallam Street.
The applicant was granted an exemption from GMQS by paying the affordable housing impact
fee (payment -in -lieu) and there is an active building permit for this property. ADUs also allow
for an exemption from growth management and, if approved, would allow for a refund of those
impact fees.
This hearing was continued from December 8, 1998. At that initial hearing, the Commission
debated the philosophical merits of the ADU Program and the "cash -in- lied' exemption from
GMQS. That debate, while important for a larger discussion, is not appropriate criteria in
reviewing individual conditional use applications. The appropriate criteria, and staff's
response to those criteria, have been included in Exhibit A.
The Commission raised some concerns about the "livability" of the units. These concerns are
very appropriate in considering whether or not to approve an ADU. Although not based on
particular Land Use Code requirements, the applicant has made accommodations to address
staff's concerns about access to mechanical areas.
The applicant has not submitted a revised set of drawings to the Planning Department but is
expected to present an amended plan at the hearing to address other concerns of the
Commission. Staff believes the original plans meet the criteria and are appropriately designed.
To that end, while staff generally advises against applicants submitting information at the
hearing, as long as the Commission feels the amendments are clear and represent
improvements, staff will continue to recommend approval. Staff has requested that any
additional information presented be clear, and be provided to staff and each of the
Commissioners as well as to any members of the public present.
Staff is recommending the Planning and Zoning Commission approve the Conditional
Use for the two (2) Accessory Dwelling Units, with conditions.
I
APPLICANT:
Westend Partnership. Represented by Colombo International, Inc.
LOCATION:
234 West Hallam Street.
ZONING:
Medium Density Residential (R -6).
LOT SIZE:
9,000 square feet.
LOT AREA (FOR PURPOSES OF FAR CALCULATION):
9,000 square feet.
FAR:
Allowable -- 4,080 square feet.
Proposed -- 4,080 square feet. (divided between the two houses)
CURRENT LAND USE:
Building permits have be issued for two houses.
PROPOSED LAND USE:
Two houses, each with an ADU (represents change orders to active permits).
PREVIOUS ACTION:
The Commission has not previously taken action with respect to this application.
REVIEW PROCEDURE:
Conditional Use. The Commission shall approve, approve with conditions, or disapprove the
application at a public hearing.
BACKGROUND:
The two houses have an active building permit. The applicant has paid the required cash fee in
lieu of providing housing for a growth management exemption. The Accessory Dwelling
Units also provide for a growth management exemption and, if approved, will replace the fees
paid.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." Agency referral
comments have been included as Exhibit `B." The application has been included as Exhibit
11C.11
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission approve the Conditional Use for two
Accessory Dwelling Units at the Westend Partnership project, 234 West Hallam Street, with
the following conditions:
2
1. The two structures shall meet or exceed all Aspen/Pitkin Building code requirements including
those provisions specific to media rooms, efficiency dwelling units, natural light, and air
ventilation.
2. The Building Permit change order application shall include:
a. a signed and recorded copy of this Planning and Zoning Commission
Resolution;
b. a current Site Improvement Survey signed by a registered Land Surveyor;
c. a recorded agreement to construct sidewalk, curb, and gutter for the adjacent
portion of Hallam Street;
d. a recorded agreement to join any future improvement districts for the purpose of
constructing improvements which benefit the subject property under an
assessment formula; and,
c. a recorded property deed restriction for each Accessory Dwelling Unit, a form
for which may be obtained from the Housing Office. The deed restrictions shall
be noted on the building permit plans.
3. Prior to the issuance of a permit change order, the permit application and plans shall reflect:
a. that each ADU is labeled as such and meets the definition of an Accessory
Dwelling Unit;
b. that each primary residence and associated ADU are able to function as separate
residential units. Each shall have an entrance and access to individual
mechanical equipment for the respective unit;
c. that each ADU contains a kitchen (having a minimum of a two -burner stove
with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer) and a
bathroom;
d. that each ADU has one (1) off - street parking space of standard size (18' x 8.5')
provided on -site and not encroaching on public rights -of -way. The spaces shall
not coincide with or otherwise impede the ADU entrance areas. The ADU
parking spaces shall be labeled on the permit plans;
e. compliance with the service requirements of the Aspen Consolidated Sanitation
District. The applicant shall complete tap permits, and pay all connection
charges due to the ACSD; and,
f. additional payments and refunds shall be made for difference in impact fees
associated with growth management exemptions and parks fees.
4. The applicant shall extend the garage roofs or use snow brakes to prevent snow and ice from
falling into, in front of, or otherwise impeding the ADU entrances. Sufficient means of
preventing icing on the ADU access stairways shall also be required.
5. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right -of -way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site improvement
survey. Meter locations must be accessible for reading and may not be obstructed.
6. A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees as per Section 13.20.020 of the Code; also, no excavation can occur within
the drip line of the tree(s) to be preserved and no storage of fill material can occur within
this /these drip line(s).
7. The applicant must receive approval for any work within public rights -of -way from the
appropriate City Department(s). This includes, but is not limited to, approval for a mailbox
and landscaping from the City Streets Department.
8. All construction vehicles, materials, and debris shall be maintained on -site and not within
public rights -of -way unless specifically approved by the Director of the Streets Department.
The applicant shall inform the contractor of this condition.
9. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 10 p.m.
10. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk
and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In
the alternative, the applicant may pay this fee to the City Clerk who will record the resolution.
11. 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 an entity having the authority to do so.
RECOMMENDED MOTION:
"I move to approve the Westend Partnership Conditional Use for two Accessory
Dwelling Units, to be located in two new houses at 234 West Hallam Street, with the
conditions outlined in the Community Development Department memo dated January 5,
1999."
ATTACHMENTS:
Exhibit A --
Review Criteria and Staff Comments
Exhibit B --
Referral Agency Comments
Exhibit C --
Development Application
m
u
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR TWO ACCESSORY
DWELLING UNITS TO BE LOCATED IN THE WESTEND PARTNERSHIP
EAST AND WEST UNITS, TWO SINGLE - FAMILY HOMES, 234 WEST
HALLAM STREET, LOTS K, L, AND M, BLOCK 49, CITY AND TOWNSITE
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735 - 124 -22 -004
Resolution #98 -59
WHEREAS, the Community Development Department received an application
from the Westend Partnership, owner and applicant, for a Conditional Use Review for
two (2) Accessory Dwelling Units to be located in two single - family homes located at
234 West Hallam Street, Lots K, L, and M, Block 49, City and Townsite of Aspen; and,
WHEREAS, the parcel is approximately 9,000 square feet and located in the
Medium - Density Residential (R -6) Zone District; and,
WHEREAS, pursuant to Sections 26.28.040, Medium- Density Residential,
26.40.090, Accessory Dwelling Units, and 26.60.040, Standards Applicable to All
Conditional Uses, of the Aspen Municipal Code, Accessory Dwelling Units in the R -6
Zone District may be approved, at a public hearing, by the Planning and Zoning
Commission as Conditional Uses in conformance with the requirements of said Sections;
and,
WHEREAS, the Housing Office, Aspen Consolidated Sanitation District, City
Engineering, and the Community Development Department reviewed the proposal and
recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing at a regular meeting on
December 8, 1998, and Januray 5, 1999, the Planning and Zoning Commission approved,
by a to vote, the Conditional Use for two Accessory
Dwelling Units to be located in the Westend Partnership East and West units, two single -
family homes, 234 West Hallam Street, with the conditions recommended by the
Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for two (2) Accessory Dwelling Units to be located in the
Westend partnership East and West units, 234 West Hallam Street, are approved with the
following conditions:
1. The two structures shall meet or exceed all Aspen/Pitkin Building code requirements
including those provisions specific to media rooms, efficiency dwelling units, natural light,
and air ventilation.
2. The Building Permit change order application shall include:
a. a signed and recorded copy of this Planning and Zoning Commission
Resolution;
b. a current Site Improvement Survey signed by a registered Land Surveyor;
c. a recorded agreement to construct sidewalk, curb, and gutter for the adjacent
portion of Hallam Street;
d. a recorded agreement to join any future improvement districts for the
purpose of constructing improvements which benefit the subject property
under an assessment formula; and,
e. a recorded property deed restriction for each Accessory Dwelling Unit, a
form for which may be obtained from the Housing Office. The deed
restrictions shall be noted on the building permit plans.
3. Prior to the issuance of a permit change order, the permit application and plans shall
reflect:
a. that each ADU is labeled as such and meets the definition of an Accessory
Dwelling Unit;
b. that each primary residence and associated ADU are able to function as
separate residential units. Each shall have an entrance and access to
individual mechanical equipment for the respective unit;
c. that each ADU contains a kitchen (having a minimum of a two -burner stove
with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer) and a
bathroom;
d. that each ADU has one (1) off -street parking space of standard size (18' x
8.5') provided on -site and not encroaching on public rights -of -way. The
spaces shall not coincide with or otherwise impede the ADU entrance areas.
The ADU parking spaces shall be labeled on the permit plans;
e. compliance with the service requirements of the Aspen Consolidated
Sanitation District. The applicant shall complete tap permits, and pay all
connection charges due to the ACSD; and,
f. additional payments and refunds shall be made for difference in impact fees
associated with growth management exemptions and parks fees.
4. The applicant shall extend the garage roofs or use snow brakes to prevent snow and ice
from falling into, in front of, or otherwise impeding the ADU entrances. Sufficient
means of preventing icing on the ADU access stairways shall also be required.
5. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right -of -way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site
improvement survey. Meter locations must be accessible for reading and may not be
obstructed.
6. A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees as per Section 13.20.020 of the Code; also, no excavation can occur
within the drip line of the tree(s) to be preserved and no storage of fill material can occur
within this /these drip line(s).
7. The applicant must receive approval for any work within public rights -of -way from the
appropriate City Department(s). This includes, but is not limited to, approval for a
mailbox and landscaping from the City Streets Department.
8. All construction vehicles, materials, and debris shall be maintained on -site and not
within public rights -of -way unless specifically approved by the Director of the Streets
Department. The applicant shall inform the contractor of this condition.
9. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 10 p.m.
• . r
10. The applicant shall record this Planning and Zoning Resolution with the Pitkin County
Clerk and Recorder located in the Courthouse Plaza Building. There is a per page
recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will
record the resolution.
11. 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 an entity having the authority to do
SO.
APPROVED by the Commission at its regular meeting on January 5, 1999.
APPROVED AS TO FORM:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
PLANNING AND ZONING COMMISSION:
Jasmine Tygre, Interim Chair
Exhibit A
234 W. Hallam
STAFF COMMENTS: ADU Review Criteria
Section 26.60.040, Standards Applicable to All Conditional Uses
(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.
Staff Finding: Replacement of a demolished residence requires an exemption from
GMQS. An Accessory Dwelling Unit with no mandatory occupancy deed restriction is
consistent with the purposes, goals, objectives, and standards of the Aspen Area
Community Plan and qualifies as an exemption from Growth Management.
Accessory Dwelling Units are a conditional use in the R -6 Zone District.
The applicant has already gained an exemption by paying a cash fee in lieu of providing
units. The ADU approval would allow for a refund of those fees.
(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.
Staff Finding The surrounding land uses are mixed single- and multi - family residential.
There are existing ADUs in the immediate area. Staff believes the conditional use will be
compatible with the immediate neighborhood.
(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.
Staff Finding The east unit appears to specify the ADU parking space conflicting with
the entrance to the ADU. This is most likely a drawing error. There is enough room for a
full parking space on the side of the building. The permit change order will need to
reflect the correct layout, as specified in staff s recommended conditions of approval (see
condition 3.d.).
The Building Official raised concerns about the amount of natural light and ventilation
being provided to the ADUs. In speaking with the applicant, staff believes those
provisions can be met without substantial changes to the floor plans. In fact, a larger
window in the lightwell may meet the standard. At any rate, compliance with these UBC
standards would be required under staffs recommended condition number 1.
The ADUs are relatively small, efficiency units and are not expected to create excessive
negative impacts on the neighborhood.
Staff Comments page 1
The mechanical areas do not appear to be accessible from the ADUs. This may present
operational problems for the potential ADU occupants. Staff has included a provision
that the mechanical area be accessible to both units. If the Commission approves this
provision, it may require floor plan changes which can be discussed at the meeting.
(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.
Staff Finding_ Park fees are payable at the time of building permit issuance and will be
based on the difference in the number of bedrooms per unit. Infrastructure capacity is
sufficient for this development and utilities are available. The applicant will need to
complete a tap permit for sanitation service and is subject to connection fees. The ACSD
may require the provision of separate taps for each unit.
(E) The applicant commits to supply affordable housing to meet the incremental need for
increased employees generated by the conditional use.
Staff Finding_ The conditional use mitigates itself.
(F) The proposed conditional use complies with all additional standards imposed on it by the Aspen
Area Comprehensive Plan and by all other applicable requirements of this title.
Staff Finding_ The conditional use is consistent with the Community Plan. The applicant
is not seeking any waivers of the Residential Design Standards. Also, see the "staff
Findings" relative to criterion (A), above.
Section 26.40.090, Accessory Dwelling Units
A. General Provisions
1) Accessory Dwelling units shall contain not less than three - hundred (300) square feet and no
more than seven- hundred (700) square feet of net livable 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
principle residence shall have the right to place a qualified employee or employees of his or
her choosing in the accessory dwelling unit. One (1) parking space shall be provided on-
site for each studio unit, and for each bedroom within a one or two- bedroom accessory
dwelling unit.
Staff Finding: The proposed ADUs are of sufficient size as will be confirmed by the
Zoning Officer during the change order review. Deed restrictions meeting this criterion
would be required as per staff s recommended conditions of approval (condition 2.e.).
2) An attached accessory dwelling unit shall be subject to all other dimensional requirements
of the underlying zone district.
Staff Finding: The applicant's permit plans have been reviewed and found to comply
with the dimensional requirements of the R -6 zone district. The change order will again
be reviewed for compliance.
Staff Comments page 2
3) A detached accessory dwelling unit shall only be permitted on parcels that have secondary
and/or alley access, exempting parcels with existing structures to be converted to detached
accessory dwelling units, detached garages or carports where an accessory dwelling unit is
proposed above, attached to, or contained within such detached garage or carport.
Detached accessory dwelling units are prohibited within the R -15B zone district.
Staff Finding: The proposed ADUs would be attached to the primary units.
4) An attached accessory dwelling unit shall utilize alley access to the extent practical.
Staff Finding: The applicant has made use of the alley for both the parking and the
entrances to the ADUs.
B. Development Review Standards.
1) The proposed development is compatible and subordinate in character with the primary
residence located on the property and with the development located within the
neighborhood, and assuming year - around occupancy, shall not create a density pattern
inconsistent with the established neighborhood.
Staff Finding: The ADU is subordinate in character to the primary units. Assuming a
year -round occupancy of both main units and the ADUs, the conditional use does not
represent an adverse density pattern.
2) Where the proposed development varies from the dimensional requirements of the
underlying zone district, the Planning and Zoning Commission shall find that such variation
is more compatible in character with the primary residence than the development in accord
with dimensional requirements. The following dimensional requirements may be varied:
a. Minimum front and rear yard setbacks
b. Minimum distance between buildings on the lot.
c. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory
dwelling units.
d. The side yard setback shall be a minimum of three feet.
e. The maximum height limits for detached accessory dwelling units in the R -6 zone
district may be varied at the rear one -third (1/3) of the parcel, however, the maximum
height of the structure shall not exceed eighteen (18) feet. On Landmark Designated
parcels and within the Historic Overlay District the HPC shall have the ability to make
height variations.
f. Maximum allowable site coverage may be varied up to a maximum of five (5) percent,
on Landmark Designated Parcels and within an Historic Overlay District the HPC shall
have the ability to make such site coverage variations.
g. In the case where the proposed detached accessory dwelling unit is located on a
Landmark Designated Parcel or within an Historic Overlay District only HPC may
make dimensional variations pursuant to the standards of Section 26.40.070(B)
Staff Finding: The applicant is not requesting any variations to the dimensional
requirements.
3) The Planning and Zoning Commission and the Historic Preservation Committee may
exempt existing nonconforming structures, being converted to a detached accessory
dwelling unit, from 26.40.070(B)(2)(a -g) provided that the nonconformity is not increased.
Staff Comments page 3
Staff Finding: Not applicable.
4) Conditional use review shall be granted pursuant to Section 26.60.040 Standards applicable
to all conditional uses.
Staff Finding: Refer to Staff Comments for Conditional Use review, above.
C. Bandit Units.
Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to
November 1, 1988, and which complies with the requirements of this section may be legalized
as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform
Building Code, as determined by the Chief Building Official.
Staff Finding_ Not applicable.
D. GMQS/ Replacement Housing Credits.
Accessory dwelling units shall not be used to obtain points in the affordable housing category of
the Growth Management Quota System (GMQS). Only those units meeting the housing size,
type, income and occupancy guidelines of approval of the housing designee and the standards
of Section 26.100.090 may be used to obtain points in the affordable housing category.
Accessory dwelling units also may not be used to meet the requirements of Title 20 of the
Municipal Code of the City of Aspen, Colorado, `Residential Multi - Family Housing
Replacement Program.'
Staff Finding_ Not applicable.
E. FAR for Accessory Dwelling Units.
For the purposes of calculating floor area ratio and allowable floor area for a lot whose principle
use is residential, the following shall apply: the allowable floor area for an above -grade
attached accessory dwelling unit shall be excluded to a maximum of three- hundred -fifty (350)
square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling
unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling
units which are subject to review and approval by the Planning and Zoning Commission
pursuant to conditional use review and approval, Section 26.60.030 of this code, and the units
must be deed restricted, registered with the housing office, and available for rental to an eligible
working resident of Pitkin County. The owner retains the right to select the renter for the unit.
An Accessory Dwelling Unit separated from a principal structure by a distance of no less than
ten (10) feet with a maximum footprint of four hundred fifty (45) square feet, shall be
calculated at fifty (50) percent of the allowable floor area up to seven hundred (700) square feet
of Floor Area. Any element linking the principal structure to the accessory structure may be no
more than one (1) story tall, six (6) feet wide, and ten (10) feet long.
Staff Finding: The unit does not qualify for a Floor Area exemption and the applicant is
not requesting a Floor Area bonus.
Staff Comments page 4
2s,z:, ,2 Consoj[(Yaled csanrlazton t .rslricl
565 North Mill Street
Aspen, Colorado 81611
Tele. (970) 925 -3601 FAX #(9701) 925 -2537
Sc' Kelp Chairman
Paul Smith Treas.
Louis Popish Secv.
November 10,1998
Chris Bendon
Community Development
130 S. Galena
Aspen, CO 81611
Re: 234 West Hallam ADU's
Dear Chris:
Michael Kelh
Frank Loushin
Brucc Matheric M,r.
The Aspen Consolidated Sanitation District currently has adequate collection and treatment
capacity to serve this project. Service is contingent upon compliance with the district's rules,
regulations and specifications which are on file at the district office. Fees for the entire project can
be estimated once detailed plans are available and a tap permit is completed at our orrice. Each
ADU will be assessed a minimum separate fee which will be in addition to the total connection
fees charged for the duplex. We would request that a tap permit be required prior to the issuance
of a building permit.
From our records it appears that development on this site is currently served by the district, but
will be demolished to accommodate the duplex unit. If that is the plan, then the proposed
development may be able to obtain service from the existing service line on site. The applicant
should contact the district's line superintendent for more information.
Please call if you have any questions.
Sincerely,
Bruce Matherly
District Manager
EPA Awards of Excellence
197/6 1986 - 1990
Regional and National
Ross Soderstrom, 05:47 P 1/98 , 234 W. Hallam ADUs
X- Sender: ross @comdev
Date: Wed, 04 Nov 199817:47:42 -0700
To: bille @ci.aspen.co.us, chuckr @ci.aspen.co.us, jackr @ci.aspen.co.us,
nicka @ci.aspen.co.us, timw @ci.aspen.co.us, juliew @ci.aspen.co.us,
phflo @ci.aspen.co.us, carolvnh @ci.aspen.co.us, edv @ci.aspen.co.us,
mitchh @ci.aspen.co.us, chrisb @ci.aspen.co.us, acsdoffc @rof.net,
sarat@ci.aspen.co.us, nancvm @ci.aspen.co.us, tomd @ci.aspen.co.us,
cindvc @ci.aspen.co.us, parks @ci.aspen.co.us, kevind @ci.aspen.co.us
From: Ross Soderstrom <ross @ci.aspen.co.us>
Subject: 234 W. Hallam ADUs
Since I will be gone until 11/16, this is a quick review.
1. Stairway of east unit lies under the ADU parking space for the east
unit.
2 Window well of east unit looks out to the stair well of west unit or n
the common retaining wall inbetween them. These effectively cut off thru /
access between the back and front yards between the buildings. '
3. Provide drainage as per standard comments for ADU approvals for 2 yr
event.
4. Title commitment is not complete, missing schedule B which lists the
exemptions. Does not look like the typical title commitment.
5. As needed, provide utility easements w /in the property for the
utility pedestals in the alley.
6. consult with the building Dept. for dimensional requirements for the
ADUs. Window egress and natural light requirements are not met. The media
rooms do not meet standards for sLch facilities.
7. no existing condition site plan with vegetation in application.
8. verify size of the ADU parking spaces and that they lie entirely
within the property boundaries.
Pls direct other comments and corrections to Chris B. with copies to me for
my return.
Ross S.
,Printed for Christopher Bendon <chrisb @ci.aspen.co.us> 1
Stefanie Levesque, 09:29 AA04/11/98 , 234 W. Hallam ADU's
Date: Thu, 5 Nov 1998 09:29:46 -0700 (MST)
X- Sender: stefanie @commons
To: chrisb @ci.aspen.co.us��
From: Stefanie Levesque <stefanie @ci.aspen.co.us> �j
Subject: 234 W. Hallam ADU's
I am sure that you have received comments from yesterday's DRC meeting from
Ross and Stephen Kanipe. The (2) ADU's do not have enough natural light.
The application cannot be approved by the Housing Office as it is drawn at
this time.
Thank you!
��I w
Ir
Printed for Christopher Bendon <chrisb @ci.aspen.co.us> 1
� Stefanie Levesque 04:52 P /11/98, Re: 234 W. Hallam
Date: Mon, 30 Nov 199816:52:49 -0700 (MST)
X- Sender: stefanie @commons
To: Christopher Bendon <chrisb @ci.aspen.co.us>
From: Stefanie Levesque <stefanie @ci.aspen.co.us>
Subject: Re: 334 W. Hallam AVIM�
Yes, Chris, as long as the plan has the minimum amount of natural light, per
code, we are in accptance of the two units.
Thanks for checking with me:)
Stefanie
At 04:55 PM 11/30/98 -0700, you wrote:
> Stefanie: The Housing Office is recommending against the two ADU's because
>they don't have enough natural light. The applicant believes the changes to
>met the UBC requirements for natural light can be made without significant
>disruption to his floor plans. Do you have other concerns if this natural
>light thing can be resolved? These units will remain small and they do have
>an internal connection to the main house.
>Cheers,
> Chris Bendon, City Planning
Printed for Christopher Bendon <chrisb @ci.aspen.co.us> 1
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FROM
RE:
DATE:
'a
MEMORANDUM
Planning and Zoning Commission
Julie Ann Woods, Community Development Director
Christopher Bendon, Planner
JV Y5
Westend Partnership Conditional Use for Two ADU's -- Public Hearing
234 West Hallam Street
(GMQS Exemptions)
December 8, 1998
SUMMARY:
The applicant, the Westend Partnership represented by Jim Colombo, has applied for
Conditional Use approval for two Accessory Dwelling Units to be located in two new
single - family homes being constructed at 234 West Hallam Street.
The applicant was granted an exemption from GMQS by paying the affordable
housing impact fee (payment -in -lieu) and there is an active building permit for this
property. ADU's also allow for an exemption from growth management and, if
approved, would allow for a refund of those impact fees.
Aspen's Building Official raised some concerns about UBC requirements for natural
light. The applicant has revised the window sizes to accommodate those concerns.
The applicant is not requesting an FAR bonus nor any variations from the ADU
requirements or Residential Design Standards. The application meets all other
requirements for Accessory dwelling Units.
Staff is recommending the Planning and Zoning Commission approve the
Conditional Use for the two Accessory Dwelling Units, with conditions.
APPLICANT:
Westend Partnership. Represented by Colombo International, Inc.
LOCATION:
234 West Hallam Street.
ZONING:
Medium Density Residential (R -6).
LOT SIZE:
9,000 square feet. Post -it® Fax Note 7671
LOT AREA (FOR PURPOSES OF FAR CALCULATION):
9,000 square feet.
FAR:
Allowable -- 4,080 square feet.
Proposed -- 4,080 square feet. (divided between the two houses)
CURRENT LAND USE:
Permitted for two houses
PROPOSED LAND USE:
Two houses each with an ADU (change order to active permits)
PREVIOUS ACTION:
The Commission has not previously considered this application.
REVIEW PROCEDURE:
Conditional Use. The Commission shall approve, approve with conditions, or
disapprove the application at a public hearing.
BACKGROUND:
The two houses have an active building permit. The applicant has paid the affordable
housing impact fee required for a growth management exemption. The Accessory
Dwelling Units also provide for a growth management exemption.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit `B." The application has been
included as Exhibit "C."
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission approve the Conditional Use
for two Accessory Dwelling Units at the Westend Partnership project, 234 West
Hallam Street, with the following conditions:
The two structures shall meet or exceed all Aspen/Pitkin Building code requirements including
those provisions specific to media rooms, efficiency dwelling units, natural light, and air
ventilation.
2. The Building Permit change order application shall include:
• a signed and recorded copy of this Planning and Zoning Commission Resolution.
• a current Site Improvement Survey signed by a registered Land Surveyor.
• a recorded agreement to construct sidewalk, curb, and gutter agreement for the adjacent
portion of Hallam Street.
• a recorded agreement to join any future improvement districts for the purpose of
constructing improvements which benefit the property under an assessment formula.
x
• a recorded property deed restriction for each Accessory Dwelling Unit, a form for which
may be obtained from the Housing Office. The deed restrictions shall be noted on the
building permit plans.
3. Prior to the issuance of a permit change order, the permit application and plans shall reflect:
• that the proposed ADU is labeled as such and meets the definition of an Accessory
Dwelling Unit.
• that the primary residences and the ADU are able to function as separate residential
units. Each shall have an entrance and access to individual mechanical equipment for the
respective unit.
• that the ADU contains a kitchen (having a minimum of a two -burner stove with oven,
standard sink, and a 6 -cubic foot refrigerator plus freezer) and a bathroom.
• that each ADU has one (1) off - street parking space of standard size (18' x 8.5') provided
on -site and not encroaching on public rights -of -way. The spaces shall not coincide with
the ADU entrance areas. The ADU spaces shall be labeled on the permit plans.
• compliance with the service requirements of the Aspen Consolidated Sanitation District.
The applicant shall complete a tap permit, and pay all connection charges due to the
ACSD.
• additional payments and refunds shall be made for difference in impact fees associated
with growth management exemptions and parks fees.
4. The applicant shall extend the garage /roofs or use snow brakes to prevent snow and ice
from slumping on the ADU entrances.
5. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right -of -way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site improvement
survey. Meter locations must be accessible for reading and may not be obstructed.
6. A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees as per Section 13.20.020 of the Code.
7. The applicant must receive approval for any work within public rights -of -way from the
appropriate City Department. This includes, but is not limited to, approval for a mailbox and
landscaping from the City Streets Department.
8. All construction vehicles, materials, and debris shall be maintained on -site and not within
public rights -of -way unless specifically approved by the Director of the Streets Department.
The applicant shall inform the contractor of this condition.
9. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 10 p.m.
10. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk
and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In
the alternative, the applicant may pay this fee to the City Clerk who will record the resolution.
11. 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.
a
RECOMMENDED MOTION:
"I move to approve the Westend Partnership Conditional Use for two Accessory
Dwelling Units, to be located in two new houses at 234 West Hallam Street, with the
conditions outlined in the Community Development Department memo dated
December 8, 1998."
ATTACHMENTS:
Exhibit A --
Review Criteria and Staff Comments
Exhibit B --
Referral Agency Comments
Exhibit C --
Development Application
S
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR TWO ACCESSORY
DWELLING UNITS TO BE LOCATED IN THE WESTEND PARTNERSHIP
EAST AND WEST UNITS, TWO SINGLE - FAMILY HOMES, 234 WEST
HALLAM STREET, LOTS K, L, AND M, BLOCK 49, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735- 124 -22 -004
Resolution #98 -
WHEREAS, the Community Development Department received an application
from the Westend Partnership, owner and applicant, for a Conditional Use Review for
two Accessory Dwelling Units of approximately three - hundred (300) square feet each to
be located in two single - family homes located at 234 West Hallam Street, Lots K, L, and
M, Block 49, City and Townsite of Aspen; and,
WHEREAS, the parcel is approximately 9,000 square feet and located in the
Medium Density Residential (R -6) Zone District; and,
WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code,
Accessory Dwelling Units in the R -6 Zone District may be approved, at a public hearing,
by the Planning and Zoning Commission as Conditional Uses in conformance with the
requirements of said Section; and,
WHEREAS, the Housing Office, Aspen Consolidated Sanitation District, City
Engineering, and the Community Development Department reviewed the proposal and
recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing at a regular meeting on
December 8, 1998, the Planning and Zoning Commission approved, by a _ to vote,
the Conditional Use for two Accessory Dwelling Units to be located in the Westend
Partnership East and West units, two single - family homes, 234 West Hallam Street, with
the conditions recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for two Accessory Dwelling Units of approximately three -
hundred (300) square feet each to be located in the Westend partnership East and West
units, 234 West Hallam Street, are approved with the following conditions:
The two structures shall meet or exceed all Aspen/Pitkin Building code requirements
including those provisions specific to media rooms, efficiency dwelling units, natural light,
and air ventilation.
2. The Building Permit change order application shall include:
• a signed and recorded copy of this Planning and Zoning Commission Resolution.
• a current Site Improvement Survey signed by a registered Land Surveyor.
• a recorded agreement to construct sidewalk, curb, and gutter agreement for the
adjacent portion of Hallam Street.
• a recorded agreement to join any future improvement districts for the purpose of
constructing improvements which benefit the property under an assessment formula.
• a recorded property deed restriction for each Accessory Dwelling Unit, a form for
which may be obtained from the Housing Office. The deed restrictions shall be noted
on the building permit plans.
Prior to the issuance of a permit change order, the permit application and plans shall
reflect:
• that the proposed ADU is labeled as such and meets the definition of an Accessory
Dwelling Unit.
• that the primary residences and the ADU are able to function as separate residential
units. Each shall have an entrance and access to individual mechanical equipment for
the respective unit.
• that the ADU contains a kitchen (having a minimum of a two- burner stove with
oven, standard sink, and a 6 -cubic foot refrigerator plus freezer) and a bathroom.
• that each ADU has one (1) off - street parking space of standard size (18' x 8.5')
provided on -site and not encroaching on public rights -of -way. The spaces shall not
coincide with the ADU entrance areas. The ADU spaces shall be labeled on the
permit plans.
• compliance with the service requirements of the Aspen Consolidated Sanitation
District. The applicant shall complete a tap permit, and pay all connection charges
due to the ACSD.
• additional payments and refunds shall be made for difference in impact fees
associated with growth management exemptions and parks fees.
4. The applicant shall extend the garages roofs or use snow brakes to prevent snow and ice
from slumping on the ADU entrances.
5. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right -of -way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site
improvement survey. Meter locations must be accessible for reading and may not be
obstructed.
6. A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees as per Section 13.20.020 of the Code.
7. The applicant must receive approval for any work within public rights -of -way from the
appropriate City Department. This includes, but is not limited to, approval for a mailbox
and landscaping from the City Streets Department.
8. All construction vehicles, materials, and debris shall be maintained on -site and not
within public rights -of -way unless specifically approved by the Director of the Streets
Department. The applicant shall inform the contractor of this condition.
9. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 10 p.m.
10. The applicant shall record this Planning and Zoning Resolution with the Pitkin County
Clerk and Recorder located in the Courthouse Plaza Building. There is a per page
recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will
record the resolution.
a.
11. 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.
APPROVED by the Commission at its regular meeting on December 8, 1998.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Sara Garton, Chair
�s�n Consol d¢feo�cS¢nif¢fion Jrsfricf ����
565 North Mill Street
Aspen, Colorado 81611
Tele. (970) 925 -3601 FAX #(970) 925 -2537
Sy Kelly Chairman
Paul Smith Treas.
Louis Popish Sccy.
November 10, 1998
Chris Bendon
Community Development
130 S. Galena
Aspen, CO 81611
Re: 234 West Hallam ADU's
Dear Chris:
Michael Kelly
Frank Loushin
Bruce Mathcrly, Mgr.
The Aspen Consolidated Sanitation District currently has adequate collection and treatment
capacity to serve this project. Service is contingent upon compliance with the district's rules,
regulations
T and specifications which are on file at the district office. Fees for the entire project can
be estimated once detailed plans are available and a tap permit is completed at our office. Each
ADU will be assessed a minimum separate fee which will be in addition to the total connection
Tees charged for the duplex. We would request that a tap permit be required prior to the issuance
of a building permit.
From our records it appears that development on this site is currently served by the district, but
will be demolished to accommodate the duplex unit. If that is the plan, then the proposed
development may be able to obtain service from the existing service line on site. The applicant
should contact the district's line superintendent for more information.
Please call if you have any questions.
Sincerely,
yvs trb 1 x
Bruce Matherly (J
District Manager
EPA Awards of Excellence
1976 1986 1990
Regional and National
L Ross Soderstrom, 05:47 PMV11/98 , 234 W. Hallam ADUs
X- Sender: ross @comdev
Date: Wed, 04 Nov 199817:47:42 -0700
To: bille @ci.aspen.co.us, chuckr @ci.aspen.co.us, jackr @ci.aspen.co.us,
nicka @ci.aspen.co.us, timw @ci.aspen.co.us, juliew @ci.aspen.co.us,
philo @ci.aspen.co.us, carolynh @ci.aspen.co.us, edv @ci.aspen.co.us,
mitchh @ci.aspen.co.us, chrisb @ci.aspen.co.us, acsdoffc @rof.net,
sarat@ci.aspen.co.us, nancym @ci.aspen.co.us, tomd @ci.aspen.co.us,
cindyc @ci.aspen.co.us, parks @ci.aspen.co.us, kevind @ci.aspen.co.us
From: Ross Soderstrom <ross @ci.aspen.co.us>
Subject: 234 W. Hallam ADUs
Since I will be gone until 11/16, this is a quick review.
1. Stairway of east unit lies under the ADU parking space for the east
unit.
2 Window well of east unit looks out to the stair well of west unit or
the common retaining wall inbetween them. These effectively cut off thru
access between the back and front yards between the buildings. '
3. Provide drainage as per standard comments for ADU approvals for 2 yr
event.
4. Title commitment is not complete, missing schedule B which lists the
exemptions. Does not look like the typical title commitment.
5. As needed, provide utility easements w/ in the property for the
utility pedestals in the alley.
6. consult with the building Dept. for dimensional requirements for the
ADUs. Window egress and natural light requirements are not met. The media
rooms do not meet standards for such facilities.
7. no existing condition site plan with vegetation in application.
8. verify size of the ADU parking spaces and that they lie entirely
within the property boundaries.
Pls direct other comments and corrections to Chris B. with copies to me for
MY return.
Ross S.
Printed for Christopher Bendon <chrisb @ci.aspen.co.us> 1
Stefanie Levesque, 09:29 AIWI /11/98, 234 W. Hallam ADU's
Date: Thu, 5 Nov 1998 09:29:46 -0700 (MST)
X- Sender: stefanie @commons
To: chrisb @ci.aspen.co.us
From: Stefanie Levesque <stefanie @ci.aspen.co.us>
Subject: 234 W. Hallam ADU's
! S
I am sure that you have received comments from yesterday's DRC meeting from
Ross and Stephen Kanipe. The (2) ADU's do not have enough natural light.
The application cannot be approved by the Housing Office as it is drawn at
this time.
Thank you!
1(
Printed for Christopher Bendon <chrisb @ci.aspen.co.us> 1
Stefanie Leves ue, :234 W. Hallam'
Date: Mon, 30 Nov 199816:52:49 -0700 (MST)
X- Sender: stefanie @commons
To: Christopher Bendon <chrisb @ci.aspen.co.us> O�
From: Stefanie Levesque <stefanie @ci.aspen.co.us>
Subject: Re: 234 W. Hallam 40wr
Yes, Chris, as long as the plan has the minimum amount of natural light, per
code, we are in accptance of the two units.
Thanks for checking with me:)
Stefanie
At 04:55 PM 11/30/98 -0700, you wrote:
> Stefanie: The Housing Office is recommending against the two ADU's because
>they don't have enough natural light. The applicant believes the changes to
>met the UBC requirements for natural light can be made without significant
>disruption to his floor plans. Do you have other concerns if this natural
>light thing can be resolved? These units will remain small and they do have
>an internal connection to the main house.
>Cheers,
> Chris Bendon, City Planning
Printed for Christopher Bendon <chrisb @ci.aspen.co.us>
4r.
MEMORANDUM OF POLICY
Building Codes
FROM: Tom Parry
Erik Peltonen
DATE: February 3, 199'
Russell A. Grance, C.B.O.
Deputy Chief Building Official
DATE: August 5, 1998
SUBJECT: Media Rooms / Fixed seating in Media Rooms
It is the policy of this Division to accept as an alternate design Media Rooms (habitable
space) that use artificial light and ventilation. To qualify, a Media Room shall have
permanent projection equipment and fixed seating installed at the time of the final
inspection. There shall not be any other uses associated with this space, except those that
are accessory to the Media Room ( wet bar, powder room,etc.).
Fixed seating in media rooms shall be calculated at one seat per thirty square feet (30) of
the gross square footage of the room.
Page:17
310.7 Efriciencv Dwelling Units.. -kn efficiency dweiling unit snail conform to the requirements
of the code except as herein provided:
1.
711e unit snail have a jiving room of not less than 220 square feet . 20.4 m) - of suveriiciai tloor
drea.An additionai 00 square feet, a.- m�' of superficial door area snail be orovided for each occu-
pant of such unit in excess of two.
2. : ne unit snail' 'ce orovided with u separate .ose:.
3.
;lie unit snail be ^rovidea'.vuh a kitchen sink..00AinY muilance ana ret.^.gerrnon ZaCtiities.
each naving aciear .voriin_ space of apt less man 30 inches !'Ib2 nm ir. ont. Light nd enuiation
conforming to this code shall be provided.
d. The unit snail be provided wiLh a separate ^athroom containing a '.eater closet. lavatory and
bathtub or shower.
ti ?,M
1203 - 1203.4.3
1994 UNIFORM BUILDING CODE
SECTION 1203 — LIGHT AND VENTILATION IN GROUP R OCCUPANCIES
1203.1 General. For the purpose of determining the light or ventilation for Group R Occupancies
required by this section. any room may be considered as a oortion of an aajoining room when one
Waif of the area of the common wail is open and unobstructed and provides an opening of not less
than one tenth of the floor area of the interior room or 25 square feet L.3 in whichever. is greater.
Exterior openings for natural light or ventilation, equired by this section shall open directly onto
a puolic wav or a yard or court as set forth in Section
EXCEPTIONS: 1. Required exterior ovenings may oven into a rooted porch wnere :he oorcn:
1.1 .abuts a public way. %ardor court: and
1.2 Hasa ceiling height of not less than - feet i _L•4 mm r: and
!.: Hasa longer side at least 05 percent open and unobstructed.
'_. Skvlights. -
. i
1203.2 Light. Guest rooms and habitable rooms .within a dweiling unit or congregate residence
shall be provided with natural light by means of exterior _lazed openings with an area not less than
one tenth of the floor area of such rooms with a minimum of 10 square feet 109= in
EXCEPTION: Kitchens in Group R Occupancies may be provided with arttticiai light.
1203.3 Ventilation. Guest rooms and habitable rooms within a dwelling unit or congregate resi-
dence shall be provided with natural ventilation by means of openable exterior openings with an
area of not less than one twentieth of the floor area of such rooms with a minimum of 5 square feet
(0.46 m2).
In lieu of required exterior openings for natural ventilation. a mechanical ventilating system may
be provided. Such system shall be capable of providing two air changes per hour in guest rooms,
dormitories, habitable rooms and in public corridors with a minimum of 15 cubic feet per minute
(7 L/s) of outside air per occupant during such time as the building is occupied.
Bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with
natural ventilation by means of openable exterior openings with an area not less than one twentieth
of the floor area of such rooms with a minimum of 11/2 square feet (0.14 m -).
In lieu of required exterior openings for natural ventilation in bathrooms containing a bathtub or
shower orcombination thereof, laundry rooms. and similar rooms, a mechanical ventilation system
connected directly to the outside capable of providing five air changes per hour shall be provided.
Such systems shall be connected directly to'the outside, and the point of discharge shall be at least
3 feet (914 mm) from any opening which allows air entry into occupied portions of the building.
Bathrooms which contain only a water closet or lavatory or combination thereof, and similar rooms
may be ventilated with an approved mechanical recirculating fan or similar device designed to re-
move odors from the air.
1203.4 Yards or Courts.
1203.4.1 General. This section shall apply to yards and courts adjacent to exterior openings that
provide required natural light or ventilation. Such yards and courts shall be on the same property as
the building.
1203.4.2 Yards. Yards shall not be less than 3 feet (914 mm) in width for one -story and two -story.
buildings. For buildings more than two stories in height, the minimum width of the yard shall be
increased at the rate of 1 foot (305 mm) for each additional story. For buildings exceeding 14 stories
in height, the required width of the yard shall be computed on the basis of 14 stories.
1203.4.3 Courts. Courts shall not be less than 3 feet (914 mm) in width. Courts having windows
opening on opposite sides shall not be less than 6 feet (1829 mm) in width. Courts bounded on three
or more sides by the walls of the building shall not be less than 10 feet (3048 mm) in length unless
bounded on one end by a public way or yard. For buildings more than two stories in height, the court
1 -210
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.'WurdnySunday, November 21 -22, 1998 a The Aspen Times SC
PUBLIC NOTICE
RE 117 NORTH 6TH STREET - LANDMARK DES-
IGNATION
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday, December 14, 1998, at a
meeting to begin at 5,10 p.m. before the Aspen
City Council in Council Chambers, basement of
City Hall, 130 S. Galena Street, Aspen, Colorado,
to consider an application submitted by Lynnie
Coulter requesting approval for landmark desig-
nation. The properly is located at 117 North 6th
Street, and is described as Lots G. H, and 1, Block
18. City and Townslte of Aspen. For further Infor-
mation, contact Amy Guthrie at the Aspen/
Pitkin Community Development Department,
130 S. Galena St, Aspen, CO. (970) 9245096.
Published In The Aspen Times November 21,
. 1998.
PUBLIC NOTICE
RE: 117 NORTH 6TH STREET -t a public h
NOTICE el HEREBY GIVEN that a poetic hearing
will be theld on Wednesday, December the n
a meeting a begin an Co pin before the Aspen
Cities M Preservation Commission it the Sister
Cities meeting room, basement of , to Hail, der
S. Galena Street, Aspen, Colorado, to consider
app submitted by Lynnie Coulter
requesting app approval oft additional variances In
Bull regard C rr the significant development applica-
tion currently under review r the Historic
ed Preservation
NoCommission.Theproperly Ised as
ed at 117 North 6th Street. and is described as
Luis G, H, and Block 1$ City and Townslte of
Aspen. The variances requested are as follows:
A west sid l eyard setback variance of and
combined sideyard setback variance a of of 1 feet
fora storage area and deck at the rear of the new
construction, and a rear yard setback variance
t and combined Irons and rear yard set-
back
back variance of 9 feel for the overhanging roof
canopy at the garage, and a 2 loot Irons setback
are and an 11 loot combined Irons and rear
yard setback back variance fora front porch. For the
ther Information, / Pitkl contact Amy Guthrie at the
Aspen/ Pltkin Community Development
Department. 130 3, Galena St, Aspen, CO. (970)
205096.
sservation Reid, Chair
Aspen The Historic
As Preservation Commission
Published in The Aspen Times November 21.
1998.
' PUBLIC NOTICE
RE: 234 WEST HALLAM STREET CONDITIONAL
USE FOR TWO ADU'S
NOTICE 15 HEREBY GIVEN that a public hearing
will be held on Tuesday. December 8, 1998 at a
meeting to begin at 4:30 p.m. before the Aspen
Planning and Zoning Commission, Library
Meeting Room, Pitkin County Library, 120 North
Mill, Aspen, to consider an application submit-
ted by Westeod Partnership LLC, 520 E Cooper
Avenue, Suite 205, Aspen, CO 81611 requesting
conditional use approval for two accessory
dwelling units. The property is located at 234
West Hallam, and is described as Lots K, L. & M.
Block 49, City and Townslte of Aspen. For fur-
ther information, contact Chrls Bendon at the
Aspen /Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO (970)
9205072. chrlsb®c1. aspen, co.us.
s /Sara Garton,
Chair Aspen Planning and Zoning Commission
Published In The Aspen Times November 21,
199
PUBLIC NOTICE
RE: CASTLE CREEK CONDOMINIUMS, 'THE RED
HOUSE,' REZONING
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Tuesday, December 8, 1998 at a
meeting to begin at 4:30 p.m, before the Aspen
Planning and Zoning Commission. Library
Meeting Room, Pltkin County Library, 120 North
Mill, Aspen, to consider an application submit-
ted by the Aspen/Pitkin County Housing
Authority requesting rezoningq ni the property to
Rear Mu1[4Famlly (RMF). The property Is
located at $55 West Hallam Street, Is commonly
know as the Red House and Is described as a
parcel of land in the SW quarter of Section 12,
75105, Range 85 W of the 6th PM. For further
Information, contact Sarah Oates at the
Aspen/Pitkin Community Development
Department, 130 S. Galena St, Aspen, CO (970)
9205441, sarah.0claspen. co.us.
s/Sara Garton, Chair
Aspen Planning and Zoning Commission
Published in The Aspen Times November 21.
1998.
PUBLIC NOTICE
United States Postal Service
Star ant of Ownership, Management,
and Circulation
1. Pu .cation Title: Aspen Times Weekly
2. Publication Number: _
3. FlIIng Date: 10-02 -1998
4. Issue Frequency: Weekly
5. Number of Issues Published Annuallyy: 52
6. Annual Subscription Price: $18. and $32.
7. Complete Mailing Address of Known Office of
Publication (Not printer) (Street, city, county,
stale, and ZIP.4):
PO Box E- Aspen CO $1612
310 East Main SL, Aspen CO 81611
Contact Person: J. Garwood
Telephone: 9709253414
8, Complete Mailing Address of Headquarters or
General Business Office of Publisher (Not print-
er):
310 East Main St., Aspen CO 81611
9. Full Names and Complete Mailing Addresses
of Publisher, Editor, and Managing Editor (Do
Out leave blank)
Publisher (Name and complete mailing
address):
Michael McVny - PO Box 625. Carbondale CO
81623
Andy Stone - PO Box 8123, Aspen CO 81612
Editor (Name and complete mailing address):
Andy Stone - PO Box 8123, Aspen CO 81612
Managing Editor (Name and complete mailing
address):
Andy Stone- PO Box 8123, Aspen CO 81612
10. Owner (Do not leave blank. lithe publication
Is owned by a corporation, give the name and
address of the corporation immediately lot
lowed by the names and addresses of all stock-
holders owning or holding I percent or more of
the total amount of stock. II not owned by a cor-
poration, give the names and addresses of the
Individual owners. If owned by a Partnership or
other unincorporated firm, give Its name and
address as well as those of each Individual
owner. If the publication is published by a non-
profit organization, give Its name and address.)
Full Name: Full Court Press
Complete Mailing Address: 310 East Main St.,
Aspen, CO 81611
Michael McVoy - PO Box 625, Carbondale, CO
81623
Andy Stone - PO Box 8123, Aspen, CO $1612
George Stranahan -PO Box 70, Woody Creek CO
81656
Nearest to Filing Date: 500
g. Total Distribution (Sum of 15c. and 151.)
Average No Copies Each Issue During Preceding
12 Months: 12224
Actual No. Copies of Single Issue Published
Nearest to Filing Date: 12891
h. Copies not Distributed:
Average No Copies Each Issue During Preceding
12 Months: 235
Actual No. Copies of Single Issue Published
Nearest to Filing Date: 300
I. Total (Sum of 15g. and h.):
Average No Copies Each Issue During Preceding
12 Months: 12459
Actual No. Copies of Single Issue Published
Nearest to Filing Date: 13191
j. Percent Paid and /or Requested Circulation
(15c. divided by 159. times 100):
Average No. Copies Each Issue During Preceding
12 Months: 96'X,
Actual No. Copies of Single Issue Published
Nearest to Filing Date: 961
16. Publication of Statement of Ownership:
Publication required. Will be printed In the
November 21 Issue of this publication.
17. Signature and Title of Editor, Publisher.
Business Manager, or Owner
Janet Garwood
Business Manager
1002 -1998
1 certify that all Information furnished on this
form is true and complete. I understand that
anyone who furnishes false or misleading Infor-
mation on this form or who omits material or
Information requested on the form may be suit
jert to cr,minal sanctions (including lines and
Imprisonment) and /or civil sanctions (Including
civil penalties).
Published In The Aspen Times November 21,
1998,
PUBLIC NOTICE
Commonwealth of Massachusetts
The Trial Court
Probate and Family Court Department
Middlesex Division Docket No. 98AO549C1
CITATION
M.C.L. c. 210, § 6
In the Matter of Colin Michael McElroy, minor
TO Jason S. Perrin, of Aspen, Colorado
and /or any unknown or unnamed alleged lather
persons Interested in a petition for the adoption
of said child and to the Department of Social
Services of said Commonwealth.
A petition has been presented to said court by
Daniel Alan Edwards and Kathleen Mary
Edwards
praying lot leave to adopt said child and that the
name of the child be changed to Colin Michael
Edwards
IF YOU DESIRE TO OBJECT THERETO YOU OR
YOUR ATTORNEY MUST FILE A WRITTEN
APPEARANCE IN SAID COURT AT Middlesex
Probate Court, 208 Cambridge St Cambridge,
Mass. before TEN O'CLOCK In the forenoon
(10:00 A.M) on January 14, 1999
Witness: Shelia E. McGovern, Esquire, First
Justice of said Court.
Dale: NOV. 2, 1998, Marie A. Gaudin, acting
Register of Probate
Published In The Aspen Times November21,28,
December 5, 1998.
PUBLIC NOTICE
A copy of the 1997 Annual Report of the
Flatirons Foundation Is available for Inspection
at Its Principal office, 514 East Hyman, Aspen,
Colorado, 8161 L during regular business hours,
nn �w..n�r mode wleAln tan Aa..� anew ,An Aare
PUBLIC NOTICE
INVITATION TO BID
Sealed Bids for construction of Sludge
Dewatering Improvements, addressed to Bruce
Matherly, District Manager, will be received at
the office of the Aspen Consolidated Sanitation
District, 565 North MITI Street, Aspen, CO 81611
(OWNER), until 10:30 a.m., local lime, on the
16th day of December. 1999. Any Bids received
after the specified lime will not be considered.
Bids w01 than be publicly opened and read.
The Project contemplated consists of sludge
dewatering system Improvements, Including
digested sludge pumping system, centrifuges,
polymer feed system, centrate pumps, and
refurbishment of existing sludge grinders to
replace the existing sludge dewatering system.
The Work will be completed in all respects on
or before December 30, 1999.
Bidding Documents may be examined In the
office of the OWNER's engineering firm. CH2M
HILL, 100 Inverness Terrace East, Englewood,
CO 80112 (mailing address PO. Box 241325,
Denver, CO 80224- 9325), the ENGINEER Bidding
Documents may be obtained alter 8:00 a.m. on
November 19. 1998, at the ENGINEER's office
upon payment of $25.00 for each set of docu,
ments. Return of the documents Is not required,
and the amount paid for the documents Is non-
refundable. Send requests for Bidding
Documents to the attention of Ms. Renal, Jones
(303-713-5265) at the office of the ENGINEER.
Each Bid must be submitted on the prescribed
Bid Form and accompanied by Bid security as
prescribed In the Instructions to Bidders,
payable to the OWNER in an amount not less
than 5 percent of the amount Bid. The
Successful Bidder will be required to furnish the
additional Bonds) prescribed In the Bidding
Documents.
In order to perform public work, the Bidder and
Subcontractors prior to award of contract shall
hold or obtain such licenses as required by Slate
Statutes, and federal and local Laws and
Regulations.
A Prebld Conference will be held at 10:30 a.m.
on the 2nd day of December, 1998, at the Aspen
Wastewater Treatment Plant, Aspen, Colorado.
A tour of the plant will immediately follow the
Prebld Conference. Due to complexity of the
project and access and schedule constraints, all
Bidders are encouraged to attend.
Before a Contract will be awarded for the work
contemplated herein, the OWNER may conduct
such Investigation as Is fell necessary to deler-
mine the performance record and ability of the
Bidders to perform the size and type of work
specified under this Contract. Upon request,
Bidders shall submit such Information as
deemed necessary by the OWNER to evaluate
the Bidder's qualifications.
For Information concerning the proposed
Work, contact Mary Gross, CH2M HILL, (303)
713-5352. For an appointment to visit the site of
the proposed work, contact Tracy Dillingham,
ACSD Facility Superintendent. Aspen, Colorado,
telephone (970) 9257262.
OWNER's right is reserved to reject all Bids or
any Bid not conforming to the Intent and pur-
pose of the Bidding Documents.
Dated this fifth day of November, 1998, by
order of the ASPEN CONSOLIDATED siNrm
TION DISTRICT
Published In The Aspen Times November 21, 28;
December 5, 1998.
Published In The Aspen Times November 21 and
28,1998.
PUBLIC NOTICE
NOTICE OF FINAL PAYMENT
Notice Is hereby given by the City of Aspen
Engineering Department that the Bid No. 98-015
(1998 Streets Improvements Project) will be
closed and retainage will be released to Elam
Construction, Inc., Contractor. All persons hav-
ing claims for labor, rentals, services, or materl-
As furnished under this Contract, who haw not
been paid therefor, shall present the aame to the
City of Aspen, In writing, a verified claim at 130
South Galena Street. Aspen, Colorado 81611,
prior to December 31, 1998, or the City of Aspen
shall be free of all obligations and liabilities for
attempting to withhold payment to the
Contractor
Published In The Aspen Times November 21 and
28, 1998.
Public Notice
NOTICE OF FINAL PAYMENT
After thirty days (30) from November 201h,
1998, the Aspen Consolidated Sanitation
District, Owner, will pay to Aspen Earthmoving,
LLC the full balance due on the Contract 'Aspen
Consolidated Sanitation District Aspen/Pitkin
County Airport. Schedule No. B' All persons
having claims for labor, rentals, services, or
materials furnished under this Contract, who
shall not have been paid herefor shall present
the same to Owner In writing and verified prior
to the date specified above, or the Owner shall
be free of all liabilities for attempting to obtain
payment to such persons by the Contractor
Published In The Aspen Times November 21th,
28th, and December 5th, 1998.
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING, BEFORE THE
PTTKIN COUNTY BOARD OF ADJUSTMENT TO
ALL PROPERTY OWNERS AFFECTED BY THE
REQUESTED ZONING VARIANCE DESCRIBED
BELOW:
Pursuant to Pitkin County Zoning Resolution of
June 5, 1955, as amended, a Public Hearing will
be held to consider an application filed with the
said Board of Adjustment requesting authority
for variance from the provisions of the County
zoning Resolution.
All persons affected by the proposed variance
are Invited to appear and state their views,
protests, or objections. It you cannot appear
personally at such meeting, then you are urged
to state your views by letter, particularly 11 you
have objection to such variance, as the Board of
Adjustment will give serious consideration to
the opinions of surrounding properly owners
and others affected in deciding whether to grant
Or deny the request for variance. A VARIANCE
GREATER THAN OR LESS THAN THAT REQUEST-
ED COULD BE GRANTED,
DATE AND TIME OF MEETING Tuesday,
December 1, 1998; SAS PM. '
LOCATION OF MEETING:
BOCC Meeting Room, First Fisulr. Courthouse
506 E. Main St., Aspen, CO 81611
Games, Adult.: Requesting a 121' Arterial
Highway Setback variance where 20' Is required
from the Highway 92 righHd -way, to allow for
the temporary placement of a bird kennel. In the
AFR -10 zone district.
(Th be taken down by October 31,199.19)
Property location: 30875 Highway 82
Hines, Gerald 1).' Requesting a variance for a
240 square loot Increase In floor area where the
CrTY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Chris Bendon, 920.5072 DATE: 10.29.98
PROJECT: 234 W. Hallam
REPRESENTATIVE: Steve Buettow - Colobo International
OWNER: Westend Partnership
TYPE OF APPLICATION: one step
DESCRIPTION: Conditional Use for an ADU.
Land Use Code Section(s)
26.60 Conditional Use Criteria
26.40.090 Accessory Dwelling Units
Review by: Staff for completeness; P &Z for ADU
Public Hearing: Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15
days prior to the public hearing if any federal agency, state, county, municipal government,
school, service district or other governmental or quasi - governmental agency owns property
within three hundred (300) feet of the property subject to the development application .
Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing.
Referral Agencies: Engineering, Housing, Parks, Fire Marshall, Water, ACSD, Building
Planning Fees: Planning Flat Fee ($245)
Referral Agency Fees: Engineering, Minor ($110); Housing Minor ($70)
Total Deposit: $425
To apply, submit the following information:
1. Proof of ownership.
2. Signed fee agreement.
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application.
6. 20_ Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ +5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 1
7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of
Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if
the project is determined not to warrant a survey document.)
9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
10. List of adjacent property owners within 300' for public hearing.
11. Copies of prior approvals. Proof of lot being created before 11.17.1977
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
coLumbo
INTERNATIONAL, INC.
520 E. COOPER ASPEN, CO 81611
TEL: 970 925 -7806 FAX: 970 925 -3972
_
_
°• 234 W. Hallam
Aspen, Colorado
Conditional Use Review for two ADU's
234 W. HALLAM
EAST & WEST RESIDENCES
r
_
Applicant
r WESTEND PARTNERSHIP
�- 520 E. Cooper Suite 205
_ Aspen, Colorado
presented to:
City of Aspen
COMMUNITY DEVELOPMENT
_
PLANNING & ZONING COMMISSION
130 S. Galena St.
r Aspen, Colorado
81611
_
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_
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Hi
1) Project name - -- - - - --
'
2) Project Location ✓`�' yy�� ___ —__
(indicate stre& address, lot & block number, legal <IescriT ion v4ie e
appropriate)
3) Present Zoning - 4) -_ivt Size-
5) applicant's Name, Address & Phone #. 'l''
C X1,-7
j���y{��Q�(1/�{,�E.
6) ReFaesEmtativels Name, Address & Phone #fir" 1i`I I r f lam" - JO— 9 - --
7) Type of Application (please d1mc,k. all that apPly):
Conditional Use Oaneptual SPA Cmoeptml Historic_ per.
.. Spemal Review Final SPA Final Historic_ Dev.
., 8040 Qeenline Conceptual POD _ Minor Historic Dev.
.,. Stream Margin Final PUD Historic Demcl.itlm
Mountain View Plane _ Subdivision Hist=ic Designation
Cand miniumimtion Tle Amendment GK)S Allot
+. _ rat Split/lot pane _ GMS Ea ption
.- Adjustment
8) DescriT imn of Edsting IIsess (amber and type of exdstfrg structures;
approximate sq. ft.; number of bedrooms; any previous approvals granted to the
property)-
_
Description of 9) . DevelaNr����'1' 13F.p
-rLJ -t
10) Have you att� the fiollmurp.
\IC4 Response to Attwbment. 2, Minimum Submission Oontents
ff& Dasperm to Attachment 3, RMUfic Wmiwicn ••
for YaW Application
-
Attachment Two:
Project Information
1. 234 W. Hallam
Aspen, Colorado
Conditional Use Review for two ADU's
Westend Partnership
520 E. Cooper Suite 205
Aspen, Colorado 81611
925 -7806
Applicant's Representative:
Jim Colombo
2. 234 W. Hallam
Lots K, L & M, Block 49
City & Township of Aspen
3. Parcel Ownership:
°- Westend Partnership
See -
4. See Vicinity Map -
5. See Written Description
s
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INTERNATIONAL, INC.
520 E. COOPER ASPEN, CO 81611
TEL: 970 925 -7806
10 -29 -1998
CITY OF ASPEN
COMMUNITY DEVELOPMENT
130 SOUTH GALENA STREET
ASPEN , CO. ,81611
FAX: 970 925 -3972
TO WHOM IT MAY CONCERN ,
THIS IS A WRITTEN AUTHORIZATION FOR MR JAMES P. COLOMBO OF
COLOMBO INTERNATIONAL,INC.,TO REPRESENT WEST END PARTNERSHIPS
AT 234 WEST HALLAM STREET, ASPEN FOR TWO (2) CONDITIONAL USE
APPLICATIONS FOR TWO ACCESSORY DWELLING UNITS,( ADU ).
cc: lc
c� 1 77 ii riiniir uvurr,r i:iLC it v. uay'r [
s" CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that WEST END PARTNERSHIP, LLC is the
owner in fee simple of the following described property:
LOTS K, L AND M,
BLOCK 49,
CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKIN, STATE OF COLORADO
u
.Subject to encumbrances, easements, restrictions and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PITKIN COUN.TYjTITLE, INC.
e
BY:
avtho ze signature
CERTIFIED 0: October 28, 1998 0 8:30 a.m.
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COLOMBO,�.
INTERNATIONAL, INC.
520 E. COOPER ASPEN, CO 81611
TEL: 970 925.7806 FAX: 970 925 -3972
Attachment Two
_
r Project Address:
234 W. Hallam
,. Aspen, Colorado
.. Re: Conditional use Review -ADU
r
r Description of Project:
This application is for the approval of two ADU units for a duplex structure located
at 234 W. Hallam. The duplex project consists of approximately two 3,000 sq. ft. units
_
_
r
r
r
r
(4.080 sq. ft. FAR) . The ADU units would be in excess of 300 sq. ft. each. These
independent units shall be located on the lower level of the structures with private
stairway access. The ADU units shall include full baths and kitchens and shall have
ample natural light , ventilation as required by code.
There is no FAR bonus being requested
These units will contribute to the Aspen Housing Base and their presence will
impose a low impact to the adjacent neighborhood.
234 W. Hallam
Conditional Use Review for two ADU's
Attachment 4: Review Standards
A. The conditional use is consistent with the purposes, goal, objectives and
standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone
District in which it is proposed to be located;
The proposed ADU's are consistent with the Aspen Area Comprehensive Plan
by providing two potential Employee Units in the West End. They are within walking
Distance to the City, have adequate Services, low neighborhood impacts and have
easy access to RFTA Bus Service.
�. 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 the development;
These ADU's are consistent and compatible with the surrounding area.
They are located at the basement level and have independent alley access. They
enhance the neighborhood land use mix by adding vitality and providing housing to
the City.
_ 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;
Visual impact is minimum and consistent with the project as a whole and the
surrounding neighborhood.
D. There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks, police,
fire protection, emergency medical services, hospital and medical services, drainage
systems and schools;
The West End provides adequate Public Facilities and Services to serve
these Units.
E. The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use;
The Applicant is supplying two AD Units within the City limits in the West End.
�. There shall be no further employees generated by this conditional use.
F. The proposed conditional use complies with all additional standards imposed
on it by the Aspen Area Comprehensive Plan and by all other applicable requirements
of this chapter.
These AD Units comply with the Aspen Area Comprehensive Plan
Standards.
u
234 W. Hallam
Conditional Use Review for two ADU's
ADU Review Standards
Attachment 5:
1. The proposed development is capatible and subordinate in character with the
. primary residence located on the property and with the development located within the
neighborhood, and assuming year- around occupancy, shall not create a density
pattern inconsistent with the established neighborhood;
The proposed development is compatible and subordinate in character to the
primary residenvice located on the property and by being on the basement level with
w alley access does not create an inconsistent neighborhood pattern.
2. Where the proposed development varies from the dimensional requirements of
the underlying zone district, the Planning and Zoning Commission shall find that such
�. variation is more compatible in charactor with the primary residence than the
development in accord with dimensional requirements.
-� This proposed Conditional Use complies with all dimensional requirements.
3. The Planning and Zoning Commission and the Historic Preserevation
.. Committee may exampt existing non conforming structures, being converted to a
detached accessory dwelling unit, from Section 26.40.090 (BO(2)(a) - -(g) provided that
the nonconformity is not increased.
The non conforming structure on this lot is not being exempted and has been
demolished.
4. Conditional use review shall be granted pursuant to Section 26.60.040,
Standards applicable to all conditional uses.
We have responded to these Review Standards. Please refer to Attachment 4.
We are proposing two low impact, spacious units with independent alley access
located in the West End within walking distance to downtown and within easy access
to RFTA bus service.
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CASE STATUS SHEET
Case No. d092,—P9
Representative's
Name:
(Representative's Phone: `/'a- — 78or
Fax:
I DATE ACTION OR ACTIVITY
CHECK# .2!i6
CASE /PERMIT #: -44 # OF COPIES:_
DATE: nTITTAT, 1