HomeMy WebLinkAboutLand Use Case.CU.1340 Mountain Dr.A62-96 CASEI. -0D SUMMARY SHEET - CITY OF ?EN
DATE RECEIVED: 9/18/96 CASE # A6a-96
DATE COMPLETE: STAFF: Bob Nevins
PARCEL ID # 2735- 013 -08 -007
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PROJECT NAME: Irwin ADU Conditional Use
Project Address: 1340 Mountain Drive
APPLICANT: Ed Irwin
Address/Phone: 1340 Mountain View Drive, Aspen 925 -1764
REPRESENTATIVE: same
Address/Phone:
RESPONSIBLE PARTY: Applicant Other Name /Address:
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FEES: PLANNING $235 # APPS RECE D 1
ENGINEER $0 # PLA S '+ ' 1 D 1
HOUSING $0 GIS DI8 • e 1 . D:
ENV HEALTH $0
TOTAL $3.3 ' E s PLICt ON:
AMT. RECEIVED $235 '
Review Body \leetin ; Date Pi'olic Hearing ? COtv17t4v1 7T'
P &Z I/ ( ,C es ENo � rNR} ,fry .
CC QY /No
CC (2nd reading) Y QYes QNo pf l ,tr ••, r 1 1
Wl - n4 - m1 WfJ S (
REFERRALS: ,App,u..R.fr✓j oN 7.724'0
Vt F7N1ALA /i ./.1.4"( l
❑ City Attorney A en Fire Mar al ❑ CDOT y - .. 3 _ _ c 1
(City Engineer City Water ❑ ACSD
❑ Zoning City Electric ❑ Holy Cross Electric (k e*
*Hous ❑ Clean Air : eard (
g 0 Mtn Natural Gas
❑ Environmental Health Open Sp. - Board ❑ Aspen School District
❑ Parks ❑ Other: ❑ Other:
DATE REFERRED: 1 / rr fh NIT • .: 1 DATE DUE: /- l5 7 7--
APPROVAL: Ordinance/Resolution # ) Date: 3 - "rt' -
Staff Approval i r' P13 1. “ti' ` Date:
Plat Recorded: 2)2?-4 Book , Page
Na Ae77OP1 7A
CLOSED /PILED DATE: INITIALS:
ROUTE TO:
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MEMORANDUM
TO: Planning and Zoning Commission
THRU: Julie Ann Woods, Deputy Director
FROM: Bob Nevins, City Planner
DATE: March 4, 1997
RE: Irwin Accessory Dwelling Unit (ADU) Conditional Use
Public Hearing Continued from January 21, 1997
Parcel ID No.: 2735- 013 -08 -007
APPLICANT'S REQUEST: Due to an illness in the family, the applicant, Ed Irwin, is
withdrawing his Conditional Use application for a voluntary detached Accessory
Dwelling Unit (ADU) at 1340 Mountain View Drive, Aspen.
RECOMMENDATION: Planning and Zoning Commission does not need to take action
on this matter as the application has been withdrawn at the request of the applicant.
EXHIBIT A: Applicant's Letter of Withdrawal
} _ _._ _ - _...... ... m, .. .................... ......_..........
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• 9 ' e it
'•O4 I4 -
February 24, 1997
Mr. Bob Nevins
Community Development Department
130 S. Galena St.
Aspen, CO 81611
Mr. Nevins; -
My father had a stroke on January 28 so my parents will not be living with me nor
will they be able to help finance a house at 1340 Mountain View Drive. I would like to
withdrawn my a.d.u. application as my family's future is not certain. I would like to thank
you and the staff at Community Development for your assistance and guidance. I
would also like to thank the Aspen Planning and Zoning Commission for their patience and
consideration.
Sincerely,
C it 9 O yu/ � ,
Ed Irwin
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r. ,
_
gL90URi0N S2t-- • The Federal Reserve System will consider you as ti cough fully set forth.
(Baler comments and any re W a hearing on the 6. At sometime between the closing date and
UTION OF THE COUNCIL OF apptintlon If they are received by the Federal May 1996, ate or all of theSeler Defendants dtln
LORADoRF1A71VET07HEpumok. Reserve Bank of San. Francisco on or before the removed. or had removed, two large bronze
gATQJGF TkRWrORY TO THE UTY. date of the commanpeiod sedpuresof elk (herelnalter the - Sculptures - )
i', 'COMMONLY - . KNOWN =AS. THE Published In The Aspen Times Jao.4, 1997. . bon pedestal at the Iran of the Ho.a
TER JANCH SUBDMFON, LOT r; -- • - • . - DISTRICT . COURT. -.. PITKIN COUNTY;
SUBSTANTIAL - COMPLIANCE - WITH . - PUBLIC NOI10E. COLORADOCase No."..
' 121070). CRS; ESTABLISHING RE 1230E..COOPER SUBDIVISION, REZONING & 7. The Sculptures are personal properly which
hrWDPLACEFORAPI1BUCt3MIIG - GMQSOCEMP710N - ' - were attached fixtures Plaintiff under the
MINE COMPLIANCE Y/'SECIIONS NOTICE 15 HEREBY GIVEN that a public Contractand were in fact conveyed at dosing.
AND 31-12 -105. CRS: AIJL'HORUING ''hearing will b•held on Tuesday, January 21,1997 & Plantlff is the owner of the Sadptures and
ION-OF-NOTICE OF SAIDIIP.ARING; ate meeting to begin at 4:30 pm. before the . is rttled topoaaesslm thereof:
HORIZING THE INSTITUTION OF Aspen Planning and Zoning Commission, Siste • 9. Despite demand' Nor. return of the
tOCED g,FS FOR LAID 1N THE AREA Odes Meting R City Hall, 130 S Galena St. Sculptures. the Seller Delendarn have failed and
TOBEANNF70D. Asper, to consider an application submitted by refsed to return them to Plelntif.
Si on November' 19,1996. the miner of Douglas Michalowski, requesting approval to 10. The Sculptures are unique pieces f art
Y Mended to be wowed d we O e remove an lasting 1200 square foot category 4 which form an integral part of the decor of the
e of 4I the m of the Aspen as a Pet Aspen deed restricted w It and construct 4 affordable Property and the absence d which diminishes
al property described in Exhibit •A' housing unite (9 Roldeit Occupied & Gregory the valued time Property.
o the Petition W Ammton Is 4). The following land use approvals are I1. To the best of Plaintiff's knowledge,
Ion imitation to the City of Aspen: requested: mfomedon and belief, the Stantmes are now in
•Subdivision the possenon of the Seiler Defendants.
5, the City amp d the City d Aspen • Rezoning horn R-1513 PUDto AH PUD 12. The Sculpture have not been taken for a
red the aforesaid petition as - • GMQS Exemption tax assessment or fine pursuant to statute, or
•:.tlon to the City Council lo The property Is located at 1230 E. Cooper seised under an execution against the Property, _
action to determine I the petition Avenue, and Ls described as Lot B,-Ferguson and Plaintiff is austere entitled to their return
ly In compliance with Section-31-12 Subdivision Exception and PUDAmendmet Plat or &or any reason, they cannot be teemed, for
and For further Information, contact Bob Nevins at damages for their conversion, together with
S. the petition, including • the Aspen /Pitkin Community Development other damages, costs and attorney fees in
ping copies of an amemon map, has t Department, 130 5.. Galena 5t, Aspen, CO (970) amamts to be determined at tria
ved by the City Attorneys Office and )9205102. . SECOND CLAIM FOR RELIEF
gineer and found by then to contain s/Sara Garton, Chair (mlmc on)
cation prescribed and set forth In Aspen Palming and Zoning Commission 13. The allegations of paragraphs I through 4
s (c) and (d) of subsection (1) of Published in The Aspen Times Jan. 4,1997. and 6 through 12 hereof are Incorporated herdn
2107, CRS.:an1 by this reference as though Idly set tenth.
One hundred Percent (100%) of the PUBLIC NOTICE 14. Since the Sculptures cannot be replaced.11
the affected PrOPatY haw consented RE: IRWIN CONDITIONAL USE FOR they are removed from the jurisdiction or
ion of their property to-the CID of ACCESSORY DWDIING UNR NOTICE IS HEREBY disposed of by Seller Defendants, Plaintiff will
Section 3102 -107(1 C GIVEN that a public-bearing will be held on sld injury
. .5. and irreparable inju.
'S. Se that d City 14 -1 Asir Initiate .L.. Tuesday, January 21, 1997 at a meeting o has begin 15. Plaintiff h no plan, speedy or adequate
t
n hat the tin accordance with at 4:30 p.m. before the Aspen Planning and remedy at law with respect to loss of the
12109 o31 -&11Q CAS, M C eever Zoning Commission, Sister Cities Meeting Roan, Sculptures.
filed pursunttusubsection (1) of CRy Hall, 130 S. Galas SL Aspen, tocoaes ld an 16. Plaintiff is entitled to an in junction
2107,CRS - . application submitted by Ed Irwin. requesting preventing SellerDeledanls from disposing of
iEREFDRE, BE rr RESOLVED BY THE approval 10 convert the storage are above an the Sculptures or .removing them from the
INCIL OF THE CITY OF ASPEN, edamg garage into a 700 s foot eecesory pnbdiedona om
nd cpelling Seller Defendants 10
t _ dwelling unit. The property is located at 1340 return than tot e'Propeey.
Mountain View Drive. and is described as Block - TROD CLAIM FORRLTJEF
Petition for AmmmOo d territory to 1, Lot 4, West Meadow Subdivision. For further (intentional Mbreprnmtation, Fraud)
aspen b hereby found and determined information, contact Bob Nevins at the 17. The allegations of paragraphs l through 4,
substantial compliance with th Aspen /Pltkln Community Development 6 through 10, and 14 through 15 hereof are
of subsection (I) d Seabn 31.1210 , Department, 130 5. Galena St., Aspen, CO (970) incorporated herein by this reference as though
9
kiyset forth.
s/SaraGarton, Chair 1& Prior 16 dosing, Plaintiff naked evidence
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;City Coma hereby determines that It Aspen PWWngand Zoning Commission of water bob in a area of the louse
a public hearing to determine if the Published in The Aspen Times Jan. 4.1997. above the garage and, upon Inquiry; Seller
natation complies with Sections 31- Defendants teprne red to Plantil that all leaks
31 -12 -105, C.RS., and to establish - - Pupkc Notice bathe hadbeenrepai ed.
not saki area meld* mrammmtbm Opnmg Assistance &LawEnforcement Board, A9. Said representation -was made with the
' the MmidpalYUdmtlen Ad d 1965, was.;BoARD bastion that the'Pfabtlk world - rely upon It In
t add heribg to be laid at a radar The Victim Assbssnce and Law Enforcement purchasing the Property. .
• he 'azCweil d the Ci d Aspen Board lor the 9th Judicial Dana btbu
nsted 20. Said. repast/nation was lose and Seller
pmm L9 amury, & with el commumyvidb assistance Defedavtstmew a wax lobe at the time it was
.,ratio m at (A date tepid, p not tees eprcgraMThereis:presently an- opening on the swat. -..
claimer more tlm abdydaya after -bardionatcp esentskve Ware at time 212111am t tlff did:em .ow said aprese nation
'ad
�:dat¢dthismohebo} lchmgaPpliratmosham m atd
tae Persona -was lidse,•Autti the light to seine said
.. 1li tmaral nit erpaltlm+rdthed rWenmstlonaddldady,mneoWmtlwmg
Otyaaffiageririublieddioeas y tot calm /coils - edRiit.Ll4tip -✓Y:`
mpyofthisiesok sa axmdtlr[e� ist%d:aYn ~ _ .IIdtSIBefier• -
� byllmf4ylam dk t r tmnASm sr..... .- b raised- :• aoallsesa' •
1 haMahMtgsatoneSWSeashaiou_, krsanteep�aondareaage moue" anabAPPPeo agdgmmed:: -
:y of aspen Iorabe +purpose or- aae- dtheaeuadVATRtmldmgcatetm.
erg and trading whether Skeane -' if are Interestedor would lIke:anore' - fIRRINPAMIRS " c
m beandinals'theappllahle': .loWaM1a enthimPoatlbnakaseanmdkSdy - -(Pmeddedtmtaboai) - . z
IsdSertaes3142494and31 42165, `IMakmneheDMrldNWnej.'!a ,901/84 J3.The -,- flomdgarlRapW1 tbsmglt4,
b or - -"n ^ "-ass'by 31.II19t - 3 6 thumps 10, 14thamglr'I6,endIBtkaongh22,
abate ffitherinmeitcweekliatagelkbeel M B -- - Lrfeotaelooe4mledLassIn aienoe "'_ ....
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Bob Nevins, City Planner .
Mitch Haas, City Planner
THRU: Stan Clauson, Community Development Directo k
Julie Ann Woods, Deputy Director tt
RE: Irwin Accessory Dwelling Unit Conditional Use Review - Public Hearing
Parcel ID No. 2735- 013 -08 -007
DATE: January 21, 1997
SUMMARY: The applicant proposes to convert a storage area above an existing
detached two -car garage into an Accessory Dwelling Unit (ADU). The proposed ADU is
a totally self - contained, 100% above grade, 700 sf one - bedroom unit with two enclosed
off - street parking spaces. The ADU also provides a GMQS Exemption which enables the
property owner to demolish the existing single - family residence and then construct a new
single - family house or duplex pursuant to City Land Use Regulations.
Community Development staff recommends that the conditional use for an Accessory
Dwelling Unit (ADU) at 1340 Mountain View Drive (Block 1, Lot 4 of the West
Meadow Subdivision) City of Aspen be approved with conditions.
The Conditional Use Application is attached as Exhibit A; and referral comments from
Engineering and Housing are included as Exhibit B.
APPLICANT: Ed Irwin
LOCATION: 1340 Mountain View Drive (Block 1, Lot 4 of the West Meadow
Subdivision), City of Aspen
ZONING: Moderate - Density Residential (R -15)
CURRENT LAND USE: Detached, single - family residence
LOT SWZF: 17,345 sf
ALLOWABLE FAR: Detached Residential: 4,640 sf; or Duplex: 5,060 sf
(FAR calculations are estimates only; they do not take into account slope reduction, if
applicable, sub -grade areas or any potential FAR bonuses)
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APPLICANT'S REQUEST: To convert an existing storage area above a detached garage
into a 700 sf one - bedroom Accessory Dwelling Unit (ADU). By creating an ADU, the
applicant shall also receive a GMQS Exemption pursuant to Section 26.100.050(A)(5).
The GMQS Exemption enables the existing residence to be demolished and a new single -
family residence or duplex to be built in accordance with the City Land Use Regulations.
REVIEW PROCESS: Accessory Dwelling Units (ADUs) require conditional use
approval by the Planning and Zoning Commission at a public hearing. It is a one -step
review that requires notification to be published, posted and mailed in accordance with
Section 26.52.060(E).
BACKGROUND: The existing one -story single - family residence contains five bedrooms
and 1,759 sf on a 17,345 sf lot within the R -15 zone district. The detached garage and
storage area were constructed in 1995 and contain a total of approximately 1,450 sf.
The applicant proposes to convert the existing storage area above the detached garage
into an Accessory Dwelling Unit. The proposed ADU would be a 700 sf one - bedroom
unit with a living area, kitchen and bathroom. It is entirely above natural grade, providing
the unit with views, natural light and ventilation. The garage provides two enclosed off -
street parking spaces.
The applicant has also indicated that the ground level of the existing single - family
residence may be demolished and a new residence constructed. By creating a 700 sf
ADU, the applicant shall be granted a GMQS Exemption for the construction of either a
new single - family home or duplex that complies with City Land Use Regulations.
REFERRAL COMMENTS: Attached as Exhibit B are the comments from City
Engineering and Housing Office.
STAFF COMMENTS: Pursuant to Section 26.60.040, a development application for a
conditional use approval shall meet the following standards:
A. The conditional use is consistent with the purposes, goals, objectives, and standards
of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it
is proposed to be located;
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;
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;
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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, hospital and medical services, drainage systems, and schools;
E. The applicant commits to supply affordable housing to meet the incremental need for
increased employees generated by the conditional use;
F. The proposed conditional use complies with all additional standards imposed on it by
the Aspen Area Comprehensive Plan and by all applicable requirements of this title.
STAFF FINDINGS: Based upon review of the applicant's land use application and the
agency referral comments, Community Development staff finds that the Irwin Accessory
Dwelling Unit (ADU) meets the above conditional use standards A -F and that it complies
with all applicable requirements of the Aspen Area Comprehensive Plan and City Land
Use Regulations.
RECOMMENDATION: Community Development staff recommends that the
conditional use for the proposed Accessory Dwelling Unit (ADU) at 1340 Mountain
View Drive (Block 1, Lot 4 of the West Meadow Subdivision) in the City of Aspen be
approved with the following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. verify with the Housing Office that the allowable floor area of the Accessory
Dwelling Unit contains approximately 700 sf as shown on the plans;
b. verify with the Housing Office that the ADU will contain a kitchen having a
minimum of a two -burner stove with oven, standard sink, and a 6 -cubic foot
refrigerator plus freezer;
c. provide the Housing Office with a signed and recorded Deed Restriction which
must be obtained from the Housing Office;
d. clearly identify the Accessory Dwelling Unit (ADU) on building permit plans
as a separate one - bedroom unit;
e. be granted a FAR bonus equal to 50% of the ADU floor area (up to a
maximum of 350 sf) only if the ADU is registered with the Housing Office and
available for rental to a qualified employee working within Pitkin County;
f. provide a minimum of one off - street parking space for the ADU that shall be
shown on the final plans;
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g. install any new surface utilities requiring a pedestal or other above ground
equipment on an easement provided by the property owner and not within the
public rights -of -way;
h. locate any additional proposed construction in such a way that it does not
encroach into an existing utility easement or public right -of -way;
i. agree to join any future improvement district(s) which may be formed for the
purpose of constructing improvements in adjacent public rights -of -way; the
agreement shall be executed and recorded concurrently upon approval of
this application;and
2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall:
a. submit as-built drawings of the project showing property lines, building
footprint, easements, any encroachments, entry points for utilities entering the
property boundaries and any other improvements to the Aspen/Pitkin County
Data Processing Department in accordance with City GIS requirements, if and
when, any exterior renovation or remodeling of the property occurs that
requires a building permit; and
b. permit Community Development Department and Housing Office staff to
inspect the property to determine compliance with the conditions of approval.
3. The property owner may submit a complete building permit application for the
construction of a new single - family home or duplex if the existing single - family residence
is to be demolished and request a GMQS Exemption by the Community Development
Director pursuant to Section 26.100.050 of the Aspen Land Use Regulations.
4. The applicant shall consult with City departments regarding the following:
a. City Engineering for design of improvements, including landscaping, within
public rights -of -way;
b. Parks Department for tree removal, landscaping, and selection of vegetative
species;
c. City Streets Department for street and alley cuts; and shall obtain permits for
any work or development, including landscaping, within public rights -of -way.
5. All material representations made by the applicant in this application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise amended by a Board/Commission
having authority to do so.
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ALTERNATIVE RECOMMENDATIONS: Planning and Zoning Commission may
approve the conditions above, approve additional conditions or deny the conditional use
for the Accessory Dwelling Unit.
RECOMMENDED MOTION: "I move to approve the conditional use for the Accessory
Dwelling Unit located at 1340 Mountain View Drive with the conditions outlined in the
Community Development Department memo dated January 21, 1997."
EXHIBITS: "A" - Conditional Use Application;
"B" - Referral Commenis
p 40 � �-
-743 5l -v Cl r i D1-
5
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JANUARY 14, 1997 .
MR. BOB NEVINS
ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT
130 S. GALENA ST.
ASPEN, CO. 81611
SUBJECT: APPLICATION FOR A.D.U.
MR. ED IRWIN
1340 MOUNTAIN VIEW DR.
ASPEN, CO. 81611
DEAR MR. NEVINS:
MY WIFE AND 1 LIVE AT 1350 MOUNTAIN VIEW DRIVE, ASPEN, CO. AND WE WISH TO
FILE A PROTEST AGAINST THE ISSUANCE OF A PERMIT TO ALLOW THE ABOVE APP-
LICATION TO BE APPROVED.
THERE ARE SEVERAL REASONS THE PERMIT SHOULD NOT BE ALLOWED AND SOME OF
THEM ARE AS FOLLOWS:
1) THE HOMEOWNERS COVENANTS, OF WHICH ARE ON FILE IN THE PLANNING OFFICE,
DO NOT ALLOW FOR DUPLEX OR ADDITIONAL DWELLING UNITS TO BE BUILT IN OUR
SUB - DIVISION. FOR REFERENCE PLEASE SEE APPLICATION SUBMITTED BY MR. DOUG
ALLEN SUBMITTED IN 1996.
2) UNDER PRESENT COLORADO LAW THE HOMEOWNER COVENANTS PRESIDE OVER
ANY MUNICIPAL STATUTE.
3) MR. IRWIN PRESENTLY HAS AN A.D.U. LOCATED AT 1340 MOUNTAIN VIEW DR.
ASPEN,CO. AS HE HAS RENTED OUT THE MAIN DWELLING UNIT FOR SEVERAL YEARS
AND HE AND SIGNIFICANT OTHERS LIVE IN AN APARTMENT IN THE BASEMENT OF THE
EXISTING RESIDENCE.
4) WHEN MR. DOUG ALLEN APPLIED TO BUILD HIS RESIDENCE AT 1365 OR 1375
MOUNTAIN VIEW DRIVE THE ASPEN PLANNING AND ZONING COMMISSION DENIED
MR. ALLEN'S APPLICATION TO BUILD THE ADDITIONAL DWELLING UNIT. THEREFORE
A PRECEDENT HAS BEEN ESTABLISHED REGARDING THE APPROVAL OF AN A.D.U. AT
OR IN THE WEST MEADOW SUB - DIVISION.
5) THE PROPERTY IN QUESTION SITS ON THE NORTH SIDE OF THE SUB - DIVISION AND
AT THE END OF A CUL -DE -SAC. AT THE PRESENT TIME ANY FURTHER AUTO TRAFFIC
WOULD BE RESTRICTIVE.. THE SUB- DIVISION DOES NOT ALLOW PARKING ON THE
STREET AND WITH HIS TWO AUTO'S, THE TWO AUTO'S AT MY RESIDENCE AND THE '
POSSIBILITY OF TWO OR MORE AUTO'S WHERE THE RENTAL IS WOULD CERTAINLY BE
AN OVERLOAD ON A VERY SMALL STREET.
Exhibit C
PAGE 2:
MR. BOB NEVINS, ASPEN PLANNING
SUBJECT: MR. ED IRWIN - A.D.U. APPLICATION
AS I HAVE NOTED ABOVE, THERE HAS BEEN A PRECEDENT ESTABLISHED BY THE ASPEN
PLANNING AND ZONING COMMISSION IN DENYING AN A.D.U. APPLICATION TO MW
DOUGLAS ALLEN AND THEREFORE THIS APPLICATION SHOULD ALSO BE DENIED.
THE STREET OR AREA IN QUESTION IS ONLY 1 STREET WIDE WITH RESIDENCES BUILT
ON BOTH SIDES OF THE STREET. THERE IS A LUTHERAN CHURCH ON THE EAST END OF
THE STREET AND A GREATER GROWTH OF TRAFFIC THAN EVER BEFORE USING THE
STREET. THERE ARE A CONSIDERABLE NUMBER OF YOUNG CHILDREN USING THE
STREET AS A PLAY AREA AND ANY MORE TRAFFIC WILL CERTAINLY JEOPARDIZE THE
CONTINUED GROWTH OF BASICALLY THE ONLY RESIDENTIAL, FULL TIME OWNERS
IN THE CITY.
RESPECTFULLY SUB�ITD,
lP
Ct CtitC( LAMP NO
DAV AND SIGRID APLETON
13$p'MOUNTAIN VI W DRIVE
ASPEN, CO. 81611
John M. Oakes
1245 Mountain View Drive
Aspen, Colorado 81611
(970) 925-3350
(970) 920 -3782 Fax
January 17, 1997
City of Aspen Planing & Zoning
130 So Galena St.
Aspen, Co 81611
Dear Ladies and Gentlemen
This is to oppose your granting an Additional Dwelling Unit to Ed Irwin at 1340 Mountain Vlety
Drive.
Not only is an ADU against the Covenants of the West Meadow Homeowners Association, it
would be a mistake to allow ADU's on such a quite dead- end street with many young children.
I understand Mr. Irwin has an illegal Unit at this address now, and permitting another unit and
creating a triplex, would be inexcusable.
Respectfully
? ,
John Oakes
cc David Stapleton
PUBLIC NOTICE
RE: IRWIN CONDITIONAL USE FOR ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 21, 1997 at
a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Ed
Irwin, requesting approval to convert the storage area above an existing garage into a 700 square
foot accessory dwelling unit. The property is located at 1340 Mountain View Drive, and is
described as Block 1, Lot 4, West Meadow Subdivision. For further information, contact Bob -
Nevins at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO
(970) 920 -5102.
s /Sara Carton. Chair
Aspen Planning and Zoning Commission
ASPEN/PITKIN -
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920 -5090 FAX# (970) 920 -5439
December 27, 1996
Ed Irwin
1340 Mountain View Drive
Aspen, CO 81611
Re: Irwin Conditional Use for ADU
Case A62 -96
Dear Ed,
The Community Development Department has completed its preliminary review of the captioned
application. We have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission at a
Public Hearing to be held on Tuesday, January 21, 1997 at a meeting to begin at 4:30 p.m. Should
this date be inconvenient for you please contact me within 3 working days of the date of this letter.
After that the agenda date will be considered final and changes to the schedule or tabling of the
application will only be allowed for unavoidable technical problems. The Friday before the
meeting date, we will call to inform you that a copy of the memo pertaining to the application is
available at the Community Development Department.
Please note that it is your responsibility to mail notice to property owners within 300' and to post
the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a
photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the
public hearing.
If you have any questions, please call the planner assigned to your case, at 920 -5102.
Sincerely,
Rhonda Harris
Administrative Assistant
MEMORANDUM
TO: City Engineering
Housing Office
FROM: Bob Nevins, City Planner
DATE: December 27, 1996
RE: Irwin Accessory Dwelling Unit - Conditional Use
Parcel No. 2735-013-08-007
Project Review Schedule
Community Development has received a conditional use application for an Accessory
Dwelling Unit (ADU) at 1340 Mountain View Drive, City of Aspen. The applicant, Ed
Irwin, is proposing to convert a storage area above an existing garage into an Accessory
Dwelling Unit.
The following schedule has been established for the review of this application:
January 15 (Wed.) Referral and DRC Memos (Final) to Bob Nevins
January 16 (Thurs.) Community Development Memorandum (Final)
January 16 (Thurs.) Aspen Planning and Zoning Packets (Distribution)
January 21 (Tues.) Aspen Planning and Zoning Meeting (Public Hearing)
Please contact me at Ext. 5102 or by Eudora if you have any questions regarding this
application or review schedule.
ATTAOMENT 1
Z ND USE APPLZQtTIQ1 Ftjd4
1) Project Name Fd Irwin
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2) Project Location 1340 Mountain' :Drive Aspen, Co 8161 .
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Block 1 , Lot 4 West Meadow Subdivision
(indicate street address, lot & block number, legal descripti_on where
a p rpriate)
3) Present Zoning 1i -15 4) Int size 17, Yt5
5) A ,�, T *,s Name, Address & game ik Ed Irwin, -13 Mountain View Drive, Aspen,
Colorado 925 -1764
6) Representative's Name, Address & Phone 4 N/A
7) Type of Application (please check-all that apply) :
Conditional Use _ Arai SPA Coneeptaal. Historic Dev.
_ Special Review _ Final SPA _ Final Historic Dev.
_ 8040 Greenline terra-]- PUUD Minor Historic Dev.
Std Margin _ Final IUD _ Historic Demolition
Mountain Vier Plane _ Subvii risicm Historic Designation
CinianiniumiTation _ Text/Map Amendment _ ara Allotment
_ rot SpLit/Lct Lire Qt Ememption
Adjustment
8) Descr;T ion of Existing Uses (amber and type of exc-icting structures;
approximate sq. ft.; number of bedrooms: any previous approvals granted to the
property).
5 bedroom house 1759 square feet,750 square feet garage with 700 sq'aare feet
above aaraage used as storage
9) Description of Development Application
750 square foot garage with 700 square feet above used as storage
•
10) Hav attached e you attaed the tattooing?
} X < R2 Lse to Attachment 2, Mini,mm, Submission Contents
Response to Attachment 3, Specific Stnissitn Qxitaits
`4 Response to Attachment 4, Review Standards far Your Application.
Exhibit A
ASPEN /PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and Lt 'o Q w /fr
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
ccessdrt dw�11in uni
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 53 (Series of 1995) establishes a fee structure for Planning applications and
the payment of all processing fees is, a condition precedent to a determination of
application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in- processing the application. APPLICANT and
CITY further agree that it is in the 'interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and /or City Council to enable the Planning Commission
and /or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
a �\
5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $
which is for _ hours of Planning staff time, and if actual recorded costs exceed
the initial deposit, APPLICANT shall pay additional monthly billings to CITY to
reimburse the CITY for the processing of the application mentioned above,
including post approval review. Such periodic payments shall be made within 30
days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN APPLICANT
By: Q +� By:
Stir lauson q �' 3 G
Community Development Director Date:
Mailing Address:: LL
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My name is Ed Irwin and I have lived in Aspen for 25 years. I was employed at the
Bank of Aspen from 1971 to 1981 and I have been employed at the Elks Lodge since
1981. I was treasure of the Aspen Chamber of commerce for 6 years and I served on the
City Retirement Committee for three years. I am applying for A.D.U. approval on a 700
square foot storage area above an existing four year old garage. The reasons I am
applying for approval is to provide employee housing and I want to remodel the existing
house and I cannot afford the $170,720.00 cash in lieu. My A.D.U. /garage plans were
approved on September 1, 1995 by the prior board of our homeowners association. It is
the Community Building Departments position that they would rather have the homeowner
build the A.D.U. than accept the cash in lieu. I hope to rent the A.D.U. to a law officer
who lives down valley. I plan to remodel the 33 year old house that has 2 x 4 walls and
poor insulation and do the work myself. A contractor told me it would be better in the
long run to remove the ground level and start over which then requires the A.D.U. My
parents are 83 and 86 years old living on a farm in Iowa and have offered to help me with
financing if they can live with me until they need to be in a nursing home.
NIMBY argument
On August 4, 1979 the homeowners including, the Stapletons signed the covenants
which gave approval to a duplex in a lot adjacent to them. On June 5, 1990 according to
the minutes, David and Segrid Stapleton were present when Mr. Fyrwald's plans were
approved for an A.D.U. At that meeting, according to the minutes, Segrid Stapleton was
elected to the board so she was on the architecture committee when the second A.D.U.
was approved for Laura Blocker. On August 6, 1996 there was an A.D.U. hearing before
this board on the Pickus application less than a block away and I was the only member of
the Westmeadow Homeowners Association that was present.
Approval argument
On June 25th, 1994 the homeowners approved A.D.U. s by a vote of 10 to 7.
Almost two years later after, Segrid Stapleton was on the board they attempted to nullify
that motion because the number of members present was in error by one, but that attempt
does not nullify the intent of a majority of the members.
Code argument
The code is very clear. The A.D.U. mitigation requirement does not affect density
nor would it violate a single family covenant.
Review Standards:
A. The proposed a.d.u. at 1340 Mtn. View Dr. is a conditional use that is consistent with
R -15 zoning and our neighborhood. There are two a.d.u's and a duplex on our street and
there are eight duplexes within the 300 foot area according to Stewart Title. If we increase
the area to 500+ feet, there are approximately twenty duplexes.
B. The proposed a.d.u.. is currently a storage area above an existing garage and is
consistent with the character of the immediate vicinity and enhances the mixture of
complementary uses. The board has asked me to re -orient the direction of the roof. Refer
to the pictures to verify the mixture of architectural styles.
C. The location of the a.d.u. is set back from the street 300 feet and hidden from the street
by a large spruce tree and several mature Aspen trees. There is a long row of eight foot
bushes and poplar trees to the west of the unit and the rear of the unit is separated from
other properties by a 150 foot bank. The garage provides for two enclosed parking spaces.
D. The public facilities and services were connected two years ago and have been
operational since then. All services were put underground two years ago.
E. I commit to supply affordable housing to meet the incremental need for increased
employees.
F. The proposed a.d.u. complies with all additional standards of the Aspen Area
Comprehensive Plan.
•
Am`iettai. Esia Title Association Commitment - "" 'Wed 10/77 f 5 9
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1 COMMITMENT FOR TITLE INSURANCE :o
ISSUED BY
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ST 'A NI TI TTAE (
GUARANTY COMPANY 4.
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STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for i -'
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified In
• ? Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate f
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the , -t, ,;,
l "t1 premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions
• and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Instil ecl and the amount
?!: I of the policy or policies committed for have been inserted in Schedule A hereof by the Company, dt
• ' >, either at the time of the issuance of this Commitment or by subsequent endorsement. l'
▪ + This Commitment is preliminary to the issuance of such policy or policies of title insurance and al
• ; r ' " liability and obligations hereunder shall cease and terminate six months after the effective date hereof I .
r;''i or when the policy or policies committed for shall Issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault or the Company. This Commitment shall not be `
valid or binding until countersigned by an authorized officer or agent. f
! IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to (,:*.•
become valid when countersigned by an authorized officer or agent of the Company, all in accordance (�
' ; with its By- Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date.' Ci. t r.; r
r I, fi t ') .
S. TEWA14T TITI.E i t,
( 4 k l t t Ec0 4 OUAIIANTY COMPANY r - 4 '
e• O ?DP 99 1-1` it ill • , - 1908 fo5
C 41 ur nA r (it::
y
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I<. _ V 4 4 - ,
Chairman of the Board r?,\,;
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;' ti: >> President
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i',_ � , .3 - Serial No. CC C% V 8 9 t = • -L'► ebC � !T t J.
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SCHEDULEA )
crier Number: 10370 Commitment Number: CC 82689
1. Effective date: JUNE 8, 1981 AT 8:00 A.M.
2. Policy or Policies to be issued; Amount of Insurance Premium •
•
A. ALTA Owners Policy
Proposed Insured: EDWARD D. IRWIN 240,000.00 $582.00
B. ALTA Loan Policy
Proposed Insured:
C. s Tax Certificate $ 5.00
3. The estate or interest in the land described or referred to in this commitment and covered herein is lee simple and Iito Ihnrin
is at the effective date hereof vested in:
•
GARY M. SPE.GKMAN
4. The land referred to in this commitment is described as follows:
Lot 4, Block 1,
WEST MEADOW SUBDIVISION,
County of Pitkin, State of Colorado.
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r:p 111%NTY IIOMI•ANY
MINUTES OF THE WEST MEADOW HOMEOWNERS' ASSOCIATION .
June 25, 1994
The meeting was called to order by Chair Millard Zimet at 7:00 P.M.
at the home of Millard and Susan Zimet.
MEMBERS PRESENT: Millard Zimet, Ernie'Fyrwald, Michael Logsdon, V
Sherry Draper Ferry, Eddie Irwin„ John Emmerick, Dave Amory, and
Elva Fitzpatrick. Doug Allan was present for a short time.
PROXIES FROM: Robert Christianson, Dave Stapleton, John and Bette
Oakes, Laurel Blocker, Dick Miller, Carroll Allen and Roy Vroom.
q Yna,te.A.l, Iq4
The minutes approved as read.
Millard gave a report on the Architectural Control Committee meet-
ing. Doug Allen presented plans for a home on his corner lot, but
the plans were not comprehensive enough for the committee to make
a decision as to their compliance with our covenants. Doug will
present the committee with more plans later and that he plans an
accessory unit to be used as a guest unit and a home office.
Millard discussed the committee's concern about having ADU's and
the density of the neighborhood. City law does not force a home-
owner to rent the accessory unit. Doug.pointed'out that it is a
�
Pitkin County law that a homeowner: cannot live in an accessory
unit and rent his main house. ROM S
Michael Logsdon made a motion to approve ADU's in our neighborhood.
Sinee406.o %enantt do. not permit them,'he amended his motion to .
pe'riiii r AOI1;s, according to' city regulations' (hot to be over 700
s4 .ft.) and ' to twd €gifting AbO s. ';
Ernie seconded the motion.
For:10 ..
`7(i`inst 7
Dave Amory made a motion that if a homeowner is forced by the city
to build an ADU, then the homeowners' association will have to
abide by it. If not forced, then to.,prohibit an ADU.
Millard seconded the motion.
For 7
Against 10
(2)
There was much discussion again as to Eddie Irwin's situation.
Eddie said that he had presented full plans to the Architectural
Control Committee in 1985 and that they had been approved by
Michael Logsdon. There were no such plans in the box. Elva and
Dave Amory, who have been on the Architectural Control Committee
and have never missed a meeting, insist that Eddie has never
presented any comprehensive plans that we could make a decision
on. The only thing that we have seen is a building permit for
a two -car garage, not a two -story garage.
The dissension as usual was between those who would like to keep
the neighborhood as single family dwellings versus those who want
to relax the covenants in the belief that it will raise property
values. Elva expressed her opinion that by keeping single family
homes only, our property values will increase as it will be the
only such neighborhood left around Aspen.
Michael prefaced a motion to dissolve our homeowners' association
by saying that he didn't see any problems and that our association
had not accomplished anything but bickering.
Ernie seconded the motion.
For 8
Against 8
John Emmerick made a motion to adjourn at 8:35 P.M. Millard second-
- ed the motion.
R espectfully submitted,
Elva Fitzpatrick, acting secretary in the absence of Marjorie Brenner
IMMO
IMMO
mom
Four year old garage with storage area
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MEMORANDUM
To: Bob Nevins, City Planner
Thru: Nick Adeh, City Engineey
From: Ross C. Soderstrom, Project Engineer ,45
Date: January 10, 1997
Re: Irwin Conditional Use Review for an ADU
•
(1340 Mountain View Drive, City of Aspen: Lot 4, Block 1, West Aspen Subdivision, City of
Aspen, CO)
[Site conditions at the time of site visit: 01/07/97; 2 ft snow pack with 3 ft drifts; ground surface
and features indistinguishable under snowpackl
After reviewing the above referenced application and making a site visit, I am reporting the
combined comments made by the members of the DRC:
L Existing Site Conditions and Drainage Impacts: Since the application involves the
conversion of an existing interior space of a detached garage from storage to an ADI_ there is no
apparent impacts or changes in the present site conditions, exterior uses of the property nor
drainage requirements for the property. The existing driveway and parking space are adequate and
comply with applicable codes. Presumably the existing drainage facilities and site design
accommodate the present use and state of development. Further drainage impro vements are
required if flood damaging conditions exist.
2. Trash & Utility Areas: The submitted site plan does not indicate locations for these
facilities although presumably they will remain as existing. Any new surface utilities requiring a
pedestal or other above ground equipment must be installed on an easement provided by the
property owner and not located in the public rights -of -way. This will avoid any conflict with use of
the rights -of -way for public facilities and improvements.
3. Easements & Encroachments: The existing easements appear adequate since no
additional utility service connections have been requested. No encroachments were observed
during the site review. If additional construction is proposed, it should be located so an not to
create an encroachment in an existing utility easement or public right -of -way.
t oFZ E B
DRCMO297.DOC
Memo - Irwin Conditional Use Review for an ADU
4. Improvement Districts: The property owner will be required to agree to join any
future improvement districts formed for the purpose of constructing improvements in adjacent
public rights -of -way. The agreement must be executed and recorded concurrent with approval of
this application, if granted.
5. Record Drawings: The property owner should be advised that if or when any exterior
renovation or remodeling of the property occurs that will require a building permit, prior to C.O.
issuance the building permit applicant will be required to submit to the Aspen/Pitkin County Data
Processing Dept. as- builts drawings for the project showing the property lines, building footprint,
easements, encroachments, entry points for utilities entering the property boundaries and any other
improvements.
2 OF 2
DRCMO297.DOC
JAN 03 '97 11:34AM ASPS - - `10USING OFC P.1
MEMORANDUM
TO: Kim Johnson, Community Development Dept
FROM: Cindy Christensen, Housing Office
DATE: December 4, 1996
RE: Irwin Accessory Dwelling Unit Review
Parcel ID No. 2735 -013 -08-007
ISSUE: The applicant is requesting to remodel a storage area above an existing garage into an
accessory dwelling unit.
RECOMMENDATION: Staff recommends approval as long as the following conditions are met
1, The unit falls within minimum and maximum square footage:
Accessory dwafkng units shall contain not less tan three hundred (300) square feet of
Womble floor area and not more then seven hundred (1'00) square feet of allowable door area.
The unit shah be deed restricted, meeting the housing authority's I than months in
occupied units and shall be knifed to rental periods
duration. Onuers of the principal residence shall have the fight to !fie a qualified employee
or employees of his who choosing In the accessory Wading unit.
2. The kitchen falls within the following specifications:
MGi sa - For Accessory Dwelling Units and Caretaker Dwelling Units, a mMhlmum of a two-burner
stove will oven, standard dna, and a 0 -cubic foot fa0fga aforptus freezer.
3, An accessory dwelling unit deed restriction must be recorded prior to building permit
approval (this form is provided by the Housing Office).
4. Inspection of the unit by the Housing Office prior to Certificate of Occupancy.
wlarAnml_9tam
Exhibit B `
•
September 2, 1996
Bob;
The last survey was on 9/13/94 so Aspen Survey will do another survey to make it
current. They have a significant backlog, but Ill bring it in when they complete it.
Sincerely,
Ed Irwin
ED IRWIN, SCULPTOR
1340 MOUNTAIN VIEW DR.
ASPEN, CO 81611
303 - 925 -1764
gauss
November 14, 1996
Bob:
Sarah Thomas calculated the F.A.R. on the 17, 345 square foot lot to be 4640.
The house is 1759 square feet plus the garage of 750 square feet for a total of 2509. That
leaves an excess of 1551 square feet. I am having a problem on how to approach the
Attachment 4 review standards. Do you have a copy of another application that I can use
for a prototype? If you have any samples could you send them to me? 111 be gone next
week. Thankyou.
Ed Irwin
1'
MEMORANDUM
TO: Leslie Lamont
FROM: Bill Drueding
RE: Ed Irwin "Bandit Unit" Complaint
DATE: April 8, 1994
This morning I inspected Ed Irwin's residence at 1340 Mountain View
Drive. The one story unit contains 3 bedrooms, 2 bathrooms and a
kitchen. The basement has a separate entrance and contains one
bedroom, a full bath, a living room, and a kitchen -type area. This
area had a sink, refrigerator and cabinets, but did not contain a
stove.
Section 3 -101 of the Aspen Land Use Code defines a dwelling unit
as containing a kitchen. Kitchen is then defined as having a
stove, refrigerator'hnd sink. Without a stove, I do not consider
this space to be a separate dwelling unit. Therefore, there is no
zoning violation. This is consistent with our handling of similar
situations.
cc: Diane Moore
John Worcester
MEMORANDUM
TO: City Engineering
Housing Office
FROM: Bob Nevins, City Planner
DATE: December 27, 1996
RE: Irwin Accessory Dwelling Unit - Conditional Use
Parcel No. 2735- 013 -08 -007
Project Review Schedule
Community Development has received a conditional use application for an Accessory
Dwelling Unit (ADU) at 1340 Mountain View Drive, City of Aspen. The applicant, Ed
Irwin, is proposing to convert a storage area above an existing garage into an Accessory
Dwelling Unit.
The following schedule has been established for the review of this application:
January 15 (Wed.) Referral and DRC Memos (Final) to Bob Nevins
January 16 (Thurs.) Community Development Memorandum (Final)
January 16 (Thurs.) Aspen Planning and Zoning Packets (Distribution)
January 21 (Tues.) Aspen Planning and Zoning Meeting (Public Hearing)
Please contact me at Ext. 5102 or by Eudora if you have any questions regarding this
application or review schedule.