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coa.lu.cu.935 E Hyman.A58-96
CASE ° AD SUMMARY SHEET - CITY or `1PEN DATE RECEIVED: 8/16/96 CASE # A58 -96 DATE COMPLETE: STAFF: Suzanne Wolfl PARCEL ID # 2737 - 184 -04 -704 PROJECT NAME: Richard Kent Conditional Use ADU Project Address: 935 E. Hyman Ute #4 APPLICANT: Richard Kent Address/Phone: 935 E. Hyman REPRESENTATIVE: Ron Kanan Address/Phone: P.O. Box 649 Aspen , Co. 927 -3040 FEES: PLANNING $235 # APPS RECEIVED 12 ENGINEER $0 # PLATS RECEIVED 12 HOUSING $0 GIS DISK RECEIVED: No ENV HEALTH $0 TOTAL $235. TYPE OF APPLICATION: One Step AMT. RECEIVED $235. Review Body Dfeeling, Date Public Hearing ? P &Z 9 11 Sties ❑No j CC ❑Yes ❑No CC (2nd reading) ❑Yes ❑No REFERRALS: ❑ City Attorney ❑ Aspen Fire Marshal ❑ CDOT t City Engineer ❑ City Water ❑ ACSD .[Zoning ❑ City Electric ❑ Holy Cross Electric 12 Housing ❑ Clean Air Board ❑ Rocky Mtn Natural Gas ❑ Environmental Health ❑ Open Space Board ❑ Aspen School District jE Parks ❑ Other: ❑ Other: DATE REFERRED: a INITIALS: VI+ DATE DUE: C OP APPROVAL: Ordinance/Resolution # Date: Staff Approval Date: Plat Recorded: Book , Page CLOSED /1-1LED DATE: INITIALS: ROUTE TO: RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVAL OF A CONDITIONAL USE FOR TWO DETACHED RESIDENTIAL DWELLINGS AND TWO ACCESSORY DWELLING UNITS FOR RICHARD KENT AT 935 E. HYMAN AVE. (LOT 1, KENTCO LOT SPLIT) Resolution No. 96- l WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code, the Residential/Multi - Family zone district, the Planning and Zoning Commission may grant conditional use approval for two residential dwelling units on a lot with a minimum lot area of 6,000 square feet which contains a historic landmark and for accessory dwelling units, in conformance with the requirements of said Section; and WHEREAS, the Community Development Department received an application from Richard Kent for a Conditional Use review for two residential dwelling units and two above - grade, studio accessory dwelling units at 935 E. Hyman Avenue; and WHEREAS, the Housing Office. City Engineer, Parks Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on September 17, 1996, the Planning and Zoning Commission approved by a 7 -0 vote the Conditional Use review for the Kent detached dwelling units and accessory dwelling units, amending the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission that the Kent Conditional Use for two detached dwelling units and two above - grade, studio accessory dwelling units each containing approximately 300 square feet of floor area, is approved with the following conditions: 1. Prior to the issuance of any building permits. Housing shall approve and the owner shall record the appropriate deed restriction. The deed restriction shall state that the accessory dwelling unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer. Plans showing the net livable square footage of the unit and the kitchen specifications shall be submitted to Housing with the deed restriction. 2. A tree removal and mitigation plan shall be submitted for review and approval by the Parks Department, at least two weeks prior to submission of a demolition permit. Tree removal permits shall be required for the removal or relocation of any tree greater than 6" caliper. 3. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with the 1994 UBC Sound Transmission Control guidelines (Appendix Chapter 12, Division II, Section 1208). 4. Prior to issuance of a Certificate of Occupancy, Community Development and Housing staff shall inspect the unit to ensure compliance with the conditions of approval. 5. All new surface utility needs and pedestals shall be installed on -site. 6. A drainage report and plan shall be included with the building permit application, as required by Ordinance 43, Series of 1993. 7. A five foot sidewalk shall be constructed at the time of development, as required by Ordinance 43, Series of 1993. The sidewalk may meander to accommodate existing features, and the grade may be as great as 8.3% if necessary to meet site conditions. 8. The wooden fence that encroaches into the right -of -way shall be removed or an encroachment license shall be obtained from the City Engineer prior to development of the lot. 9. The survey monument may not be defaced or altered, and must remain accessible to surveyors for use as a reference point. 10. The property owner shall execute and record an agreement to join any future improvement districts formed for the purpose of constructing public improvements which benefit the property, prior to issuance of any building permits. 11. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on September 17, 1996. Attest: Planning and Zoning Commission: t, � CLt - �Az vim. Jackie Lothian, Deputy City Clerk Sara Garton, Chair 2 v e MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Dave Michaelson, Deputy Director > to • FROM: Suzanne Wolff, Planner RE: Kent Conditional Use Review For Two Detached Residential Dwellings and Two Accessory Dwelling Units (ADUs) - Public Hearing DATE: September 17, 1996 SUMMARY: The applicant is requesting conditional use approval to allow two detached residential dwellings and to construct two studio ADUs within the two dwellings. The application packet is attached as Exhibit A. Staff recommends approval of the two detached dwellings and the two accessory dwelling units with conditions. APPLICANT: Richard Kent, represented by Ron Kanan & Kim Raymond LOCATION: 935 E. Hyman Avenue; Lot 1, Kentco Lot Split rz - ZONING: RMF, Residential Multi- Family 416142 LOT SIZE: 6,000 square feet 3 b v p FAR: Allowed = 3,600 square feet Proposed = 4,030 square feet (Building A = 2,070 sf and Building B = 1,960 sf; includes ADU bonus and lightwell bonus granted by HPC) BACKGROUND: City Council approved the Sund Lot Split pursuant to Ordinance 43, Series of 1993, and subsequently approved the historic designation of Lot 1 pursuant to Ordinance No. 30, Series of 1995, to preserve the survey monument Ute Rock #4. HPC approved the Conceptual and Final Development Plan for the proposed residences on August 28, 1996, with the condition that no vegetation other than ground cover be planted between the rock and the street in order to preserve the view plane of the Rock from Hyman Avenue. HPC granted an FAR bonus of 136.14 square feet for lightwells, waived the Ordinance 30 volume calculation, and granted variances to allow the following: • 0' setback on the east side yard • 3' combined side yard setback • 4' distance between buildings REFERRAL COMMENTS: Please see the comments from Housing, Zoning and Engineering attached as Exhibit B. Sr UPN STAFF COMMENTS: In order to respect the Ute Rock easement on the northwest portion of the lot, the applicant proposes to construct two detached residences, which is a conditional use in the R/MF zone district for a lot with a minimum lot area of 6,000 square feet which contains a historic landmark. Both of the residences may be free - market, if an ADU is provided for each residence. Both of the proposed studio ADUs are located on the main level of the two separate residences. Both units face the street, have separate exterior entrances from the street, and can also be accessed through the principal residences. Each unit contains approximately 260 net livable square feet and meets the minimum requirement of 300 square feet of floor area. Z Pursuant to Section 26.60.040, the criteria for a conditional use review are as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is purposed to be located; RESPONSE: A fundamental goal of the Aspen Area Community Plan is to "Create housing opportunities for 60% of the workforce to live up- valley of the Aspen Village Trailer Park ". A short-term goal of the Housing Action Plan was to develop "650 new affordable housing units, including employee - occupied ADUs to achieve the identified current unmet need to sustain a critical mass of residents". The RMF zone is intended for "intensive Tong -term residential purposes," and is an appropriate zone for the development of ADUs. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; _ RESPONSE: The proposed residences are compatible with the surrounding single and multi- family development, and have been sited to preserve Ute Rock #4 and the viewplane of the Rock from Hyman Avenue. Creating detached residences reduces the mass of the structures and maintains a smaller scale in an effort not to overwhelm the Rock. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; RESPONSE: The proposed units will not create additional impacts on the surrounding area. One parking space for each ADU is provided on the garage apron for Building B, which is the residence on the east side of the lot. Both spaces are shown on this apron because the garage apron for Building B is not adequate to accomodate a parking space, due to the Ute Rock easement at the front of the lot. 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; 2 RESPONSE: No additional infrastructure is required for the ADUs above and beyond what is in place for the existing neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; RESPONSE: The ADUs must comply with the Housing Guidelines and must be deed restricted as resident occupied units for working residents of Pitkin County. If the units are rented, they must be used to house qualified working residents of Pitkin County. P. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The proposed units are required by Section 26.100.050, GMQS Exemptions, (Ordinance 1 - 1990) and Section 26.28.090, Residential/Multi- Family zone district and must be deed restricted. STAFF RECOMMENDATION: Staff recommends conditional use approval for two detached residential dwellings and two ADUs with the following conditions: 1. Prior to the issuance of any building permits, Housing shall approve and the owner shall record the appropriate deed restriction. The deed restriction shall state that the accessory dwelling unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer. Plans showing the net livable square footage of the unit and the kitchen specifications shall be submitted to Housing with the deed restriction. eljA 41-2, A afatto 4 b 2 A tree remo and mitigation plan sh be submitted for review and approval by the Parks Departmentjprior to submission of y building permits.CTree removal permits shall be required for the removal or relocation of any tree greater than 6" caliper�j 1-4}W Alt 3. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with the 1994 UBC Sound Transmission Control guidelines (Appendix Chapter 12, Division 11, Section 1208). 4. Prior to issuance of a Certificate of Occupancy, Community Development and Housing staff shall inspect the unit to ensure compliance with the conditions of approval. 5. All new surface utility needs and pedestals shall be installed on -site. 6. A drainage report and plan shall be included with the building permit application, as required by Ordinance 43, Series of 1993. 7. A five foot sidewalk shall be constructed at the time of development, as required by Ordinance 43, Series of 1993. The sidewalk may meander to accommodate existing features, and the grade may be as great as 8.3% if necessary to meet site conditions. 3 8. The wooden fence that encroaches into the right -of -way shall be removed or an encroachment license shall be obtained front the City Engineer prior to development of the lot. 9. The survey monument may not be defaced or altered, and must remain accessible to surveyors for use as a reference point. 10. The property owner shall execute and record an agreement to join any future improvement districts formed for the purpose of constructing public improvements which benefit the property, prior to issuance of any building permits. 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. RECOMMENDED MOTION: "I move to approve the conditional use for two detached residential dwellings and two\ADUs at 935 E. Hyman Ave. with the conditions as outlined in the Community Development Dep -tment Memo dated September 17, 1996 ". w p 1' 3 t2 o �i -�t Exhibits: "A" - Application Packet "B" - Referral Comments 4 Exhibit B . MEMORANDUM To: Suzanne Wolff, City Planner Thru: Nick Adeh, City Engine ( From: Ross C. Soderstrom, Project Engineer ,'S Date: September 10, 1996 /` " Re: Kent Conditional Use Review for an ADU (935 East Hyman Avenue; Lot 1, Kentco Lot Split, Block 35, East Aspen Townsite; formerly: Lots D, E, F & G, Block 35, East Aspen Townsite, City of Aspen, CO) After reviewing the above referenced application and making a site visit I have the following comtnents: 1. Driveway & Parking: The proposed driveway and parking configuration with vehicle access from the alley appears to work well for the property. The parking configuration will need to be shown on the final improvement plans submitted for the building permit application. 2. Trash & Utility Areas: The submitted site plan does not indicate locations for these facilities although water and electric utility meters and service connection points need to be accessible to service personnel in the completed project and not obstructed by garbage or recycling containers, other structures or landscaping. Any new surface utilities requiring a pedestal or other above _round equipment must be installed on an easement provided by the property owner and not located in the public rights -of -way. Any new easements must be recorded prior to issuance of the building permit. All existing and any new easements for utilities shall be shown on the final improvement plans submitted for the building permit. 3. Site Drainage: The new development cannot release more than historic (pre - development) storm run -off flows from the site and any increase in historic storm run-off flows mast be first routed and detained on the site. As per the subdivision agreement recorded with the lot split (Ordinance 43, 1993, condition 1.5) a drainage report and plan must be included in the final improvement titans submitted for the building permit. (No drainage plan shown on submitted application drawings although the applicant has already been reminded of this requirement.) 4. Sidewalk Area: As per the subdivision agreement recorded with the lot split (Ordinance 43, 1993, condition 1.4) a five ft. (5 ft.) sidewalk shall be constructed at the time of 1 OF 2 • DR0,M2I96.DOC Memo - Kent Conditional Use Rev .-.Q for an ADU development. The new sidewalk must be located to Tine -up with the pedestrian walkway routes and grades of the neighboring properties to either side of the subject property although may meander vertically and horizontally to accommodate existing features such as the stone fence and the large cottonwood tree. The pedestrian usable space must be shown on the final development plan. (Applicant has already been reminded of this requirement.) Preferably the longitudinal sidewalk grade should be 1:20 (5 %) although may be as great at 1:12 (8.3 %) if necessary to meet site conditions. 5. BLM Survey Monument: Since the entire boulder (BLM survey monument No. 4, Aspen Original Townsite) constitutes the survey monument, it may not be defaced nor altered: must remain accessible to surveyors for use as a reference point; and may not be moved nor relocated unless done so by a currently registered Colorado land surveyor in accordance with applicable state and federal statutes. 6. Encroachments: The remnants of the three foot (3 ft) high wooden fence parallel to the R -O -W line across the front of the lot will need to be either removed back to the R -O -W line or an encroachment license will need to be obtained to retain the fence in its present location. No other encroachments were observed during the site visit since the wood and wire fence which existed at the time of the lot split has been removed. Any proposed new encroachment(s) would require an encroachment license prior to development of the lot. 7. Improvement Districts: The property owner will be required to agree to join any future improvement districts formed for the purpose of constructing public improvements which benefit the property under an assessment formula. The agreement shall be executed and recorded prior to issuance of the building permit for the project. 8. Record Drawings: 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 OF2 DRCM2i96.DOC • MEMORANDUM TO: Suzanne Wolff FROM: Sam Thomas, City Zonin 7;4' RE: Kent Conditional Use for ADU - 935 E. Hyman DATE: September 4, 1996 935 E. Hyman is located in the R -MF Zone, contains a historic landmark and has the following dimensional requirements: - Minimum lot size - 6000 square feet - Minimum lot area per dwelling unit - 3000 square feet for lots which contain a historic landmark - Front yard setback - 10 feet - Side yard setback - 5 feet minimum with 15 feet combined - Rear yard setback - 10 feet - Minimum distance between buildings - 10 feet - Height - 25 feet - Open space - 35% (2100 square feet) - FAR - for sites of 6000 square feet or greater, containing an historic landmark , the floor area allowed for 2 detached residential units shall not exceed the floor area = allowed for 1 duplex = 3600 square feet. The proposed residence has received the following dimensional requirement variances from the HPC: - 5 foot variance on the east sideyard - 2 foot sideyard on the east - 2 foot sideyard on the west - Combined sideyard setback variance of 12 feet - 6 foot variance for distance between buildings - FAR bonus of 136.14 square feet for below grade FAR - Ordinance 30 standard regarding volume calculation was waived so they can have window on the alley. All heights, open space requirements and FAR calculations will be verified when working drawings are submitted to the Building Department for building permit review. The drawings included in the application packet do not contain adequate detail for this level of review. ScP 04 '96 09:14AM ASPPN HOUSING OFC P.1 MEMORANDUM TO: Suzanne WOItf, Community Development Dept FROM: Cindy Christensen, Housing Office DATE: September 4, 1996 RE: Kant Conditional Use for an ADU Parcel ID No. 2737.184-04 -704 )ssUE: The applicant is requesting to build two ADU's to be located on the main level of a duplex BACKGROUND: The size of the accessory unit shah fail within the guidelines of the Code: Assessor, dwelling outs shall contain not less than three hundred (300) square feet of allowe:de floor dm and not more than seven htavaed (700) *guars fodr cf a pled and still b deed reshidsd, meeting the housing authority's gudaites f rented to rental periods of not less than rs M manta in titration. Owners of the principal residence shall have the right to piece a goateed enlarges of ernployees of his or her choosing in the accessory dwdi ng rout. The application does not state the square footage of the units. The kitchen must also be in compliance with the following specifications: $Ithst =For Accessory Dwelling Units and Caletstier Dwelling Units, a midmurn of a two-burner stove with oven, standard sins, and a (1-cubic toot refrigerator plus freezer. M 1Th: This is a good example for ADU's with the location on the main level. Staff recommends approval as long as the following conditions are met 1. the kitchen, at a minimum, fads within the specifications as stated above; 2. net Hirable square footage is calculated for both the ADU's; 3. an accessory dwelling unit deed restriction needs to be recorded before building permit approval: this form Is provided by the Housing Office; and 4. Housing staff inspects the unit prior to Certificate of Occupancy. Vwtantwresk Memorandum RL Ci - V EPCJ TO: Suzanne Wolff, Community Development SEP 1 1 1995 FROM: Rebecca Schickling, Parks Department DATE: September 11, 1996 RE: Kent Conditional Use for ADU CC: Engineering Department We have reviewed the application submitted by KentCo Limited Partnership. The site survey presented in the application is somewhat confusing as to what is proposed and what is existing. There are numerous trees shown on the plan, with the row of trees parallel to the alley shown as being relocated. However, the plan does not state the species of these trees or the size of these trees, and some trees may not be recommended for transplanting. Additionally, there is no landscape plan showing any mitigation for removed trees or relocated trees. We would request that a condition of approval require the applicant to submit a landscape plan and tree removal permit a minimum of 2 weeks prior to issuance of any demolition permit for the lot. The final comment on the application is a sidewalk should be constructed with a minimum six (6) foot buffer zone to include tree plantings (cottonwoods preferred) spaced no less than 15 -20 feet apart (possibly 3 -4 trees). • A TACH ENr 1 /9.19 - ' LAND USE APPLIcATIoN FORM M t . 1) Pros. Name Li 4 'fn,.-114-1 kin 2) Project Location q m 1 . 1-Iy , IA T e ( ) Krc►.l-tin l.o-r g-4444,--r A Sgic4 r. 1:44P (indicate street lot & block number, legal description where appropriate) /I 3) Present Zoning , 1 r . 4) Lot Size 6 0 5) Applicants Name, Address & Phone # �:IGk Kg,.1 -- $i Lt1Z.O `t- tP1 ►'Fe 1A1 IrPitil e g k VLatia, iLb efirig amp, tLL) selnt ive shame (rOO93 �7 &5 ILdolnwt 6) Representative's 114 IAA Te ackr. �-A,.IF. l.20 z - (0 itc MgCi4) ei)hinu,►n jo to ill - �s 4 7) Type of Application (please Bieck all that apply): X _ Conditional Use _ Conceptual SPA _ Conceptual Historic Dev. Special Review _ Final SPA _ Final Historic Dev. _ 8040 Greenline Conceptual RJD Minor Historic Dev. Stream Margin _ Final PUD _ Historic Demolition Maintain View Plane _ sot-division _ Historic Designation iniimiization' _ Text/Map Amendment QMQS Allotment lot Split/Lot Lire . • — Q9S dim - -- Adjustment 8) Description of Dcistirq Uses •( nmber and type of e_xs structures; approximate sq. ft -; number of bedrooms: any previous approvals granted to the Property) 5114) r- pit QOF. k l Pip &Joke 4/J f.y -- -� 1Zt lnnF,p- 72r,u_-rtits er5 9) Description of Development Application ' G - ? A c Oro aptratY - Jit*-1 Ay( )c-.. ( 1 w UNALT) 'Tb ft S net) O I tz i tO j z , vvf . u- jf, jecc L. *Jc ANip A vrfr,D> I fleow) those- C nF j ook- -P 1}49. c. 17t6161 od 10) Rave you attached the following' '1` Response to Attachment 2, Minims Submission Contents Response to Attu 3, Specific cao-ni S'sien Content Itse to Attachment 4, Review Standards for Your Application CA g ( . a �� S 8 2E 0 4 J k \ —4 g0 j • it o © J �hip. § 2 0 Ili \g // �§% a( ] k� 2 � q B» t Ia a • N§ , 0. 0 Q E_ o 3 = i} } -3 \§ 2 Z / 0 0 ci \) d E. 3 ; 2 k \m t/ ��m 2 % 0 § 0 2 / m U �� Z , o # § §R § �\ S k%a u t2 \ k/ 7 4 4g 0 co I $� � A 9:1 In E � a c n ` � 64 4 t r � \\ 2 4j 0 HOLLAND & HART LLP ATTORNEYS AT LAW DENVER • BOULDER 600 EAST MAIN STREET TELEPHONE (970)925 -3476 COLORADO SPRINGS • ASPEN ASPEN, COLORADO 81611 -1953 TELECOPIER 1970)925 -9367 DENVER TECH CENTER BILLINGS • BOISE CHEYENNE • JACKSON HOLE CHARLES T. BRANDT SALT LAKE CITY cbrandt @hollandhart.com August 15, 1996 Community Development Department 130 S. Galena Street Aspen, Colorado 81611 Re: Lot 1, Kentco Lot Split Dear Sir or Madam: The undersigned, a licensed attorney in the State of Colorado, represents Kentco Limited Partnership. The owner of Lot 1, Kentco Lot Split, City of Aspen, Pitkin County, Colorado is Kentco Limited Partnership, an Illinois Limited Partnership. There are no mortgages, judgements, liens, easements, contracts and agreements affecting this property except Ordinance No. 44 (Series of 1995) designating the property as an Historical Landmark, Ordinance No. 43 (Series of 1993) approving the lot split and U.S. patent reservations. Kentco Limited Partnership, acting through its general partner, Kentco Capital Corporation, a Delaware Corporation, as the owner of Lot 1, has the right to apply for development review with respect to this property. Very y yours, azles 7 for HOLLAND & HART CTB /pal Adagio Design Custom Homes Kim Raymond August 15, 1996 Suzanne Wolff Aspen/Pitkin Planning Dept. 130 S. Galena Aspen, Co 81611 Dear Suzanne, Thank you for your time this morning, discussing the conditional use application process. This letter concerns the project located at 935 E. Hyman, Lot 1, Kentco Lot Split, Block 35, East Aspen Township, Aspen. The proposed project consists of two, detached units, both of which contain an accessory dwelling unit, located on the main level of each unit. The six review standards are addressed below. A. The proposal is consistent with the objectives and goals of the Aspen Area Comprehensive Plan, since each of the two proposed units provide one ADU. B. The conditional use of the ADUs are compatible with the character of the immediate vicinity. The neighborhood consists of many different types of residences now; including a mix of single family homes, cabins, a large apartment building, and a multi -unit townhouse. C. The proposed ADUs have no adverse effect on the neighborhood. In placing the ADUs on the main levels of the townhomes, facing the street, they add an extra vitality to the streetscape, since they will be occupied throughout the day, and not be perceived as "just another empty" home. 6n /Fax (303) 544 -9255 • Box 1458 • Aspen, Colorado • 81612 0 • D. There are adequate public facilities and services to serve the ADUs since they are located in the city and will not add any burden to the utilities, services, etc. E. The proposed project is complying with the Aspen Area Comprehensive Plan in providing additional housing for the incremental need for additional employees, by including an accessory dwelling unit in each of the proposed units. Regarding parking, each unit has a two car garage and there are two off - street parking spaces behind building `B" to accommodate the parking needs for the ADUs. F. This project complies with all other standards and conditions imposed on it by the Aspen Area Comprehensive Plan and all other land use entities. Included you will find all the pertinent information needed for the application process. Please let me know if you have any questions or comments. 544 -9255. Again, thank you for your assistance with this process. Sincerely, 17 Kim Raymond Ronald C. anan ---, 5 V i t Y:;— tat ,204 • k 6 i it II ------c - ,.. ° E. 11 Ing ' 6 °' 6 ,°: 1.6. 4 :°6 - a ex IP - a , - - -z g .. I° 7 , i , u 2 awl / < 3 , 7 ^0=0S ,th o N th ? CI 47.xuris ‘h . 4 4 '' 'IL‘‘er Inlajiiihin - 4 . 4 vs_ • I ad 1 2!.'`34a , cl 7<e" , . A # . c•,- z t i Of . - I) in 11/ \--_, i s. , t C P: t 2, CWZ ;ZS MC P. l e 4___..-- ..4 44 ., 1 ,,la. - .4 R 6 t , , d e iimillas myftso v 4 . PA i t 1 44 i 4 4111 . - 6 ° 1. -.0g -7. 2 446 ii cl It % I 4 ,6 / 4—) a0 / 6 ) ( Iti 36,1 - 4146,,m 4_11" 6 K 5 ,---' r 'S C 666131 "M 6a/A aaa__. .A4 . 4mwww a in au* -----_, 17L 72‘. 1 14V .1 IX 1;;;4 636666 . --- , ltrt,6 2 a g Al. .is-c; ; idm 4 a 6 ! f 41 ° 61 g V / 11 V- 41 2Ecd filithiiiiAil'AII II FT414. 4 11 t il 1111V 7 ,11, 1111' . xiA l 212 z2 8 4 dE .. A a tiaa.mom •1, t _ 4.4 A AVI ussopeg Mk Uit WI Li 111 dr - u7 ' 4 I ki ar we. \ y - ----- illt ri4 IIIII I If na 4 ass0.00 po w 1 li , r t o 1' 1 1 1 _ a A- 0 . 0.-msn' ..-.4„„ 3 $ , -± rft i MAI t rail,/ i t #t le 1,11 GOO v 2 66uil."6 I iii 11111111 i liA"' 0 A e> pd t5.. ‘ ,.e 2 *6 ,./ i 0 & t 1 , 7.66/4, 1-` E rc . .. komo -- g 4 6 6- 1 i Iii 'Idi2 C, ill mi- t, 11 i 4 3 6 6 , mi6 1 k rh, T3 76 6.44%.■ 14 . i___ @______, Th a liiillitin 2 Itt a a nit \II 11 A • , 36 E $ yMMJ UTE # 4 TOWNHOUSES BUILDING A ACTUAL AMSTED Lower Level 1187.53 0 Main Level 587.32 587.32 Upper Level 1122.43 1122.43 Decks 102.00 0 (15% 3600/2 = 270) Porch exempt 0 Lightwells *(EWA) 201.0 F.A.R. bonus for lightwell 91.4 Garage (250 exempt) 386.56 over 250 counted as .5 (136.56/2) 68.28 TOTAL 3385.84 2070.43 DIMMING B ACTT JAI, ADJUSTED Lower Level 1120.35 0 Main Level 632.80 632.80 Upper Level - 1008.42 1008.42 Decks 129.0 0 (15% 3600/2 = 270) Porch exempt 0 Lightwells *(EWA) 177.70 F.A.R. bonus for lightwell 44.75 Garage (250 exempt) 461.60 over 250 counted as .5 (211.6/2) 105.80 TOTAL 3352.17 1959.82 Total F.A.R. bonus for lightwells for both buildings 136.14 * EWA: Exposed wall area of the lightwells is calculated by measuring the perimeter wall area of the lower level, figuring the percentage of wall that is exposed below grade and multiplying that percentage by the lower level floor. This is counted as part of the F.A.R. ASPEN HISTORIC PRESERVATION COMMISSION AUG. 28, 1996 Stan said the transit way could go to the center or outside of the road. The intent is to minimize the overall platform. If the transit goes on the south side you would lower the medium. Susan stated that the road bows too close to the barn. 710 N. 3RD - MINOR DEVELOPMENT Amy stated that the proposal is to extend the roof eaves on a non - historic area of the house which is a small addition. She also desire to construct a couple of exterior storage cabinets that will be protected by the roof eaves. There are no impacts to the neighborhood. Currently there is a permit in for a fence. Nancy Greenway, owner stated that she has no storage since the Martin's divided their home. She indicated the desire for a privacy fence basically to hide from the street some of the things she has to keep outside. For the shed the roof line would cover the shed and nothing would be visible from the street. The fence would be similar to the one at the Berger house across the street. MOTION: Roger moved to approve the request to extend the eastern roof line and add storage closets as drawn on 710 N. Third Street; second by Donnelley. All in favor, motion carried. 935 E. HYMAN - CD & FD - CONTINUED PUBLIC HEARING Amy stated at the last meeting there was interest in allowing some FAR for the basement. In your packet are exterior elevations for the project in its final stage and floor plans for the project in its final stage and two basement floor plans. One basement floor plans shows the FAR of 136 sqft. if you approve it and the other does not. A landscape plan has been supplied and a condition of approval is that landscaping such as large shrubs not be placed in front of the rock. The FAR bonus benefits the below grade space only and has no great impact. There is a small window issue that violates ordinance #30. 9 ASPEN HISTORIC PRESERVATION COMMISSION AUG. 28, 1996 Ron Kanan, contractor stated that in A building the light well takes up 91 sqft. In the B building lower level the window well is at the far corner. Both windows are within the setbacks. He also stated that he made changes that were recommended by Sven. On A building the window was made smaller to line up with the slider below. The beam line was lowered and shingles incorporated in the roof. On building B the front window was changed to fall in line with ordinance #30. Also the stone has been extended around the building on both sides rather than six inches. COMMENTS Roger inquired about the stair tower window that is not in compliance with ordinance #30. Ron stated that when he measured it, he was in compliance. Amy stated that she did not have a scale to verify. MOTION: Roger moved to grant conceptual approval, including a 136.14 sq. ft. bonus for lightwells and final approval for 935 E. Hyman Ave. , with the condition that no vegetation other than ground cover be planted between the rock and the street in the future and that the triangular window on building A stairatower if necessary be revised to meet Ordinance #30; second by Susan. DISCUSSION Suzannah asked if the lightwells should be clarified. Amy stated that dating the plans and submitting them in the record is in compliance. Amended Motion: Roger amended his motion to include the dated plans that were submitted this evening indicating the light wells and approval of material boards that were presented at this meeting; second by Susan. All in favor of motion and amended motion; motion carried. 10 T . a sc: (t —.8k 722 28 578 * 360. 5 :� .' ": i. ; �f._ 1 t 2 Pitkin i_;nty Clerk, )c: $.00 ORDINANCE NO.43 (SERIES OF 1993) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING SUBDIVISION EXEMPTION APPROVAL AND VESTED RIGHTS FOR THE SUND LOT SPLIT (LOTS D,E,F AND G, BLOCK 35, EAST ASPEN ADDITION) WHEREAS, Section 24- 7- 1003.A.2 of the Aspen Municipal Code provides for City Council approval for lot splits as Subdivision Exemptions and Section 24 -6 -207 allows vested rights for a period of three years; and WHEREAS, the Applicant, Metropolis Investment Incorporated, submitted an application for a lot split to the Planning Office; and WHEREAS, the City Engineering Office has provided referral comments on the proposed lot split; and WHEREAS, the Historic Preservation Committee of the City of Aspen has recommended that the western portion of the subject property be considered for historic landmark designation because of a large boulder which has been identified as an historic survey marker for early mining claims in Aspen; and WHEREAS, the lot split approval as requested by the applicant shall not foreclose or limit any future action regarding the parcel's designation as an historic landmark; and WHEREAS, the Planning Office reviewed the proposed lot split pursuant to Section 24- 7- 1003.A.2 of the Aspen Municipal Code and the comments received from Engineering and recommends approval of the Subdivision Exemption for a lot split with conditions; and WHEREAS, the Aspen City Council having considered the Planning Office's recommendations and Section 24- 7- 1003.A.2 of the Aspen 1 L\6(155'; l / ). -.: 1 r _.._ n Br::: " _ Pc 579 511 via Pitl in Cnty Clerk, Doc $.u0 Municipal Code does wish to grant the Subdivision Exemption for the Sund lot split. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant Subdivision Exemption approval for a lot split pursuant to Section 24- 7- 1003.A.2 of the Aspen Municipal Code subject to the following conditions: 1) If the BLM survey monument on the boulder is to be relocated, it must be done so by a registered surveyor in accordance with applicable state statutes. 2) To help preserve character of the streetscape, the old rock wall must remain where it currently exists in the public right -of -way. 3) The encroaching wood and wire fences in the Hyman Street right -of -way must be removed or receive an encroachment license prior to development on the lots. 4) A sidewalk in the E. Hyman Ave. right -of -way must be constructed at the time of development of the parcels. 5) The parcels shall meet storm run -off requirements of Sec. 24- 7-1004.C.4.f. at the time of development. 6) If the boulder or part of the boulder is moved, an excavation permit is required. 7) Any work in the public right -of -way including landscaping shall obtain permits from the City Streets Department. 8) All material representations made by the applicant in the application and during public meetings with the City Council shall be adhered to and considered conditions of approval, unless otherwise amended in the conditions. 9) The new Subdivision Plat and Subdivision Exemption Agreement must be recorded with the Pitkin County Clerk and Recorder within 180 days of approval by City Council. Failure to do so will render the subdivision exemption approvals invalid. Section 2: Pursuant to Section 24 -6 -207 of the Aspen Municipal Code, City Council does hereby grant the applicant vested rights 2 r Lei.., s ...n.f0 _0 '2 06 580 1 ✓i._. DavLs, F itki Cnty Clerk, Doc , for the Sund Lot Split as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 3: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following - described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 4: A public hearing on the Ordinance shall be held on the �) day of c%-t?6 1993 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior 3 #:''.•60555. 0S , , . - �-• "' i 9.= 10:24 Rec $25,00 D�::; !,. PG 581 Silvia Day , Pitkin Cnty Clerk, Doc li,uO to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the /. day of , 1993. y John Bennett, Mayor - : _ K a thryn Koch, City Clerk FINALLY, adopted, passed and approved this day of n . , , 1993. �` Of 44 John ennett, Mayor /t�T 61 : - :fir ., / I •Ka hryn J; 4(oc , City Clerk 4 gity Council Exhibit - ir Pproved , 19 By Ordinance #360555 08/31/93 10:24 Per $25.00 BF( 722 P9 582 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Ir: ,,,:k .„, Sung thi• Split AST HYMAN AVE -I. n"c• . • rm„.. i nr: PLO. CAP 5 75'09'11' E 120 IIEBARWIPLAS CAP ; 1 4 LIM 1 '3 i 5 i Lae 1 7 ss 4: :„ we g 1 Proposed ill Retill it . 1 woos. 0 3 1 . .... , 7/4 3 - 0 o ArrOKIMPTE i 1.-0CATIOO I>c / - 3 b :5 „t Lo f _ 0 \ - • A E 11. " " Z. 3.* -----. I .---1 I I . i I IIIM PENCE a I t, 0 E S ORY 7, / 7 I I / 1 A. //I I SNOW IVA:t , 1 . 3En NOCAP 1 991' J • WWI Wt•LA3 CAP --ra L104503 N 7509'11 W (2000 . ALLEY - BLOCK - 35-EAT i so," PUBLIC NOTICE RE: KENT CONDITIONAL USE FOR ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 17, 1996 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Richard Kent, requesting approval for two accessory dwelling units. The proposed project consists of two detached duplex units, each containing an accessory dwelling unit on the main level. The property is located at 935 E. Hyman, and is described as Lot 1, Kentco Lot Split, Block 35, East Aspen Township. For further information, contact Suzanne Wolff at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920 -5093. s /Sara Garton. Chair Aspen Planning and Zoning Commission ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920 -5090 FAX# (970) 920 -5439 August 22, 1996 Ron Kanan P.O. Box 649 Aspen, CO 81612 Re: Kent Conditional Use for ADU Case A58 -96 Dear Ron, 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, September 17, 1996 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Community Development Department. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call the planner assigned to your case, Suzanne Wolff, at 920- 5098. Sincerely, Rhonda Harris Administrative Assistant c:\home\rhonda \planning \city\kent. doc ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5090 FAX (970) 920 -5439 MEMORANDUM TO: City Engineer Housing Director Parks Zoning Officer FROM: Suzanne Wolff, Planner RE: Kent Conditional Use for ADU Parcel ID No. 2737 - 184 -04 -704 DATE: August 22, 1996 Attached for your review and comments is an application submitted by Richard Kent. Please return your comments to me no later than September 6, 1996. 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