HomeMy WebLinkAboutcoa.lu.cu.935 E Hyman.A58-962737-184-04-704 A58-96
l Riphnrd Kent Conditional Use ADU
r
CASE �D SUMMARY SHEET - CITY O: PEN
DATE RECEIVED:
DATE COMPLETE:
PARCEL ID #
8/ 16/96
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
ENGINEER
$0
HOUSING
$0
ENV HEALTH
$0
TOTAL
$235.
AMT. RECEIVED $235.
❑ City Attorney
2' City Engineer
.RZoning
Housing
❑ Environmental Health
gj Parks
CASE # A58-96
STAFF: Suzanne Wolfi
# APPS RECEIVED 12
# PLATS RECEIVED 12
GIS DISK RECEIVED: No
TYPE OF APPLICATION:
One Step
❑ Aspen Fire Marshal
❑ City Water
❑ City Electric
❑ Clean Air Board
❑ Open Space Board
❑ Other:
❑ CDOT
❑ ACSD
❑ Holy Cross Electric
❑ Rocky Mtn Natural Gas
❑ Aspen School District
❑ Other:
DATE REFERRED: INITIALS: & DATE DUE:
APPROVAL: Ordinance/Resolution #
Staff Approval
Plat Recorded:
CLOSED/FILED DATE: INITIALS:
ROUTE TO:
Date:
Date:
Book
Page
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-A
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:
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- Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on September 17, 1996.
Attest:
Jackie Lothian, Deputy City Clerk
v
Planning and Zoning Commission:
Sara Garton, Chair
TO:
THRU:
FROM:
RE:
DATE:
MEMORANDUM
Aspen Planning and Zoning Commission
Dave Michaelson, Deputy Director .�>'1
Suzanne Wolff, Planner
Ajo,,v cd -7 - 0 .
Kent Conditional Use Review For Two Detached Residential Dwellings and Two
Accessory Dwelling Units (ADUs) - Public Hearing
September 17, 1996
SUNEVIARY: 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
ZONING: RMF, Residential Multi -Family
LOT SIZE: 6,000 square feet
iz t0
xl;�16
�!D
FAR: Allowed = 3,600 square feet 2
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: CH 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 44. 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.
d
�JN w
STAFF COWN ENTS: 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 minanum requirement of 300 square feet
of floor area. CA —
Pursuant to Section 26.60.040, the criteria for a conditional use review are as follows:
�. 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 long-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 44 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.
F. The proposed conditional use complies with all additional standards imposed on it by the Aspen
area Comprehensive Plan and by all other applicable requirements of this chapter.
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:
l . 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 remo and mitigation pl=n�vbuilding
submitted for review and approval by the Parks
/ Departmen prior to submission permits.CTree removal permits shall be required
/ for the removal or relocation of any tree greater than 6" caliper. F� W
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.
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.
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 glade may
be as great as 8.3% if necessary to meet site conditions.
The wooden fence that encroaches into the right-of-way shall be removed or an encroachment
iicense 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 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 twdUs at 935 E. Hyman Ave. with the conditions as outlined in the Community
Development Dep�tment Memo dated September 17, 1996".
Exhibits:
3
"A" - Application Packet
"B" - Referral Comments
4
Exhibit B
MEMORANDUM
To: Suzanne Wolff, City Planner
Thru: Nick Adeh, City Engineer
From: Ross C. Soderstrom, Project Engineer A*"5.
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
comments:
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 ground 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 -
de% elopment) 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 Mans 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
I OF 2
DRC102196 DOC
Memo - Kent Conditional Use Re for an ADU
development. The new sidewalk must be located to line-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 L 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 encroachnient(s) would
require an encroachment license prior to development of the lot.
7. Improvement Districts: The property owner will be required to auree to join any
future improvement districts formed for the purpose of constructing public inipro%cments 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.
S. Record Drawings: Prior to C.O. issuance the building permit applicant vylll 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
DRCM21e6.DOC
MEMORANDUM
TO: Suzanne Wolff
FROM: Sara Thomas, City Zonin %
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.
�=- -,74 ' =6 09: 14AM P -N -LOUSING 1FC
P.1
ME ORANDUM
TO: Suzanne Wo fP, Community Development Dept.
FROM, Cindy Christensen, Housing Office
DATE: September 4, 1 W6
RE: Kant Conditional Use for an ADU
Parcel ID No. 2737-184-04-7"
ISSUE: The applicant is requesting to build two ADU's to be located on the main level of
a duplex.
BACKGI�QIlN�T2: The size of the accessory unit shall 'all within the guidelines of 'he
Code:
Accessory dwelling units shati contain not leas than tree hundred (300) square feet of allowable floor
area and not ream than seven hundred (700) square feet d allowable Hoot' area. the unit shall be
deed resMcied. meeting the dousing authority's guidelinas tr resident ri=oied units and shall be
10alted to rental periods of not less than six (a) months in d ration. owners of the principal residence
snail hwe the right to piece a quaiifted errtpvtee or en#ayees of his or her --hoosing in the
armory dwelling unit.
The appkication does not state the square footage of the units. The kitchen must also be
in compliance with the following specifications:
ghcjWn - =or Accessory dweiling l niia and Caremwr Gelling Units, a minimum of a two -burner
stove wrM wen, standard sulk. and a 6.cubic foal mfterm Dios freezer.
: i his s 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, `ails within the specifications as staffed above;
2. net livable square footage is calculated for both the ADU's;
3. an accessory dweiiing 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 Cerlsficate of Occupancy.
ve►e"N mntadu
Memorandum
,TO: Suzanne Wolff, Community Development
FROM: Rebecca Schickling, Parks Department
DATE: September 11, 1996
RE: Kent Conditional Use for ADU
CC: Engineering Department
IRECEM70
S E P 1 t 1996
----------------
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).
e
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c orditional Use
Special. Review
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Historic Dc=olition
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HOLLAND & HART LLP
ATTORNEYS AT LAW
DENVER . BOULDER
COLORADO SPRINGS . ASPEN
DENVER TECH CENTER
BILLINGS . BOISE
CHEYENNE . JACKSON HOLE
SALT LAKE CITY
Community Development Department
130 S. Galena Street
Aspen, Colorado 81611
600 EAST MAIN STREET
ASPEN, COLORADO 81611-1953
August 15, 1996
Re: Lot 1, Kenteo Lot Split
Dear Sir or Madam:
TELEPHONE (970)925-3476
TELECOPIER (970)925-9367
CHARLEs T. BRANDT
cbrandt@hollandhart.com
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 tr y yours,
Z�'�4arles
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.
Z/Fax (303) 544-9255 • Box 1458 • Aspen, Colorado • 81612
Ca
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,
Kim Raymond
All -
Ronald C. 1kanan
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Y F-! '%y 4�► Mu—Ckltd......GH-1-2 & n Q� rp, .tyngd
Mm.nkae lk. _......_G-H-6 _L St
To Ptynrosav o''o �. M."""", CL................il-1.7 _ �� $ te1St
Maroon Lake aft McSkim—S Rd........M-47 q�r = ,
Meadnw U j..........GN-2 _ hr
�Dooliuk Cir, D._.. .__..____..H-2.3 Mcadrws Rd_..._-..F-0-3 Meg r- I to i W
0\ ID Dm' l Ay.i.......... _....._ ...H4-3 hhdlwd Av...................H6" _LL_.' _ v 't Rd
rkePui Ln Dyatit Ar........._.... ... _......__....H46 hbll St ............ ................GI-3 `.'�Q �( �'a S! d L�7�rgQrlrl'ryl\'.-
PlstwoodOL_... ......
___._..._..G-36 Mountain View
Ala Av.......................................... G6 Plod la........_.... ...__...............167 Mtn laurel Q Dr.............._J.1$ Summ St a 1�
Alke In.........._.__......._...............H-7 Free Sit ver Q.........._..............G67 Mln OJa R..........._...............H-2
Al.Viva R..._......_................ P-2-] G.ku SL.............__._......._..._..H-3 Nc.le A..................... .......................N
Ard— a, DL........___._............H-7 G-W b SL._ .......... .......... -H4-3 Niclwlas La..................................(i67 A 5 �� aprn 0 vea
Asps Gibson A�.... G-H-56 Nighamwk Dr....................................H-5 '� l � n sL....................__..._..__Gx-s
Aspen Alps Pl. _................ _... N-14 Gilbert St..._.................................H-5 NuM St ..... _.......................... ........ L34 River Ile ..........,.....P.3 01 �e� ram! Barnard Put Ct.................._.._....G-3 GAkq., St..................................FJ Oak Ia............. ........_......................G6 Riverside A,....... ........ N6 'i'
y Gmvo SL..... H-2 Ong, d SL...................................M-16 Riverside Dr_..'..__....._...I67 FI Ba St......_.....cl..PI.. RIL..........J14-6 .._................_......... ( � D �
Bemcu Bemh Q PI, Rd..........Ji1-3 fialWs$4....,_................._......G)-3 Ovulud D ........................E-3 Rouiug Furk Dr.....................1-7 �.
Bieck Buait tk ............._....._E-R2-] Neuher................................G-1-2 Puk Av.Ck..._.._......._.__...............Hb Rowing Fork gd...........__......J45 Q
Bkeker St........_.........................G3.6 11=H w..............................E4 Paul SL................_......_.................E4 Rm. tt._.._..........._..........._.........G6 �..__CrYay/LebR Q
E. Bleeker SL..._.....................GN-36 HolJeo...._.........._....................G3 Pock Rd..._...__. ...... .._...._.._......J&S SabinIk.........._r...__------.__.._-- SmLh Av_..........G-6 d
Blueb— T. ........... _....... _........ H-2 Ho Dr.... ...........__............_H-2 Pidin Wy..__...._.._._._......__..Ji-P4 Sage('t...._...__.{........... _............ E-2 SprigS SL._._..............._„.._&H-3.6 ! e
.................0-6-6 liAr.................._....... .GH-36 Pdm Mean De. .......... _. .GE.2 S.N.u.m Cir_...i ........................... .E-2 SPm4 St.............. t e
Bunny 1.n..................._..............&2-3 Hun t............ Placer la...................._....._.............F-3 Saw Mdl Ct___.1.._.__....__..._._:G-3 Summit SL..........................._.....H-5
Crutk Creek
Dr ............................P-3 Hu Creek Rd......._ ............ E-F6 Prwu Root Rd. ...... _.......... __..Fd13 ScamrK Ss........1.......__......._.a 7 Teal a............,....................._......G-6 ;
Cwue Creek Rd.....................G-1-1-3 H Av...............................GH44 Primrose Ph. ............... _._.............. -2 Sh dowuod DL........... _........... J-1-7-a Toby la........_...::y..._..__._.........Hd Og
came"'W Cir _..........................167 a SL......................__.........
.H4-3 Puppy Smith SL...... _.....
._...
........GS Shady Ln._.....
..i..... _........ ..._P-GS Th—ou Pl........__.:.1..__.....E-P-1-2 ' 82
Cott kf Rd...................................E-2 King St_._......._.._..._____..__.J16 Pyramid Rd................_.....__._.......FI Slum CL....:....... G6 hio R' DL......._..:x..,..........Jl•2 \ Cacun Av_......_....._....____..._..._1-7 lean Cl. la ................___... N-167 .y........„...._._.._. �
Queen SL................._............._.......H6 Silrer King DL.. ....4._............&2 Uw Av, PI.............._....._..............1.54
Ckvelww S. .................................N6 We Ar.........................._........._F-04 Race SL............................_..........._.." Sknsnuog la.._T..........................W7 Vine SL...........................................G6
Cooper A—_................ _.._..A Lukspur IZ._..........._..._......___.H-2 Red Buue Dr............_..._.......Jl&2-3 Smuggler SL......1 .................E-6-33 Walwn SL............ ............._.......G-6
Catonwrxd Cu.......__...._._.. laurel Ia.........._._...._._....._...._.H-2 Red Maunlain Rd..�._....... J3G56 Smuggler Gmre Rd..................J167 Wales Av................... ._._..............16 4
Cottonwood L._....._....._.. ..... I.— Pm Rd ..............._...._..... G6-6 Red'. Rd_......_ ......... _.... ...........D-E46 Smuggler Mountain Rd...__.' West Hod9.............._................JI-16
Crystal Late Pd....._..... _.._...47 Lupin lk..................__......._....J-1$ Regcm SL................._.._._......._...H67 Scut SL............................._..._9-3 Wesiview DL........._........__.......J-7-B
D.k St ..... ....... ____._.JI-6 Mkt"I Rd.........._._....._.......2-1 Ridg< R. Rd.....-............._............_..&S Sauty la...........i___.__......_.F•O.3 Wgbugbby Wy...................... .&F3.5 To Twin Lakes,
Ilea SL............................:...........H.3 Mato 51...................................GH-33 Riu Grarde PI............................GH-36 Scow Burry C4..........................&3 Wright Rd..................... .......................................&s Independence Pass
nTo As�croN g II g g n AI PIIA Al u', II
y
� AND
Lower Level
ACTUAL
1187.53
ADJUSTED
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
35 E N YMMJ
gj2q%
ACTUAL
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.
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 sgft. 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.
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 i n 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
:av'1s, PitkJ.n cI-,ty; 1_.�.at'k $.(1t)
ORDINANCE N0.43
(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
579
' :1. t k 1 i-1 (.. n t y Clerk, I ; o r_
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
ac: PG 580
P i t 1:J. n C : n t y C:; .l. e r' k: , I:i a is :?
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
L�) day of �L 1993 at 5:00 P.M. in the City Council
i
Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
3
00- i 93 10- 24 Rec :t 5. c- 0 B[::' PG 581
i Via D a N , FitF::in Cnty Clerk:, Doc: _f_j
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.
OF
j1��Nrrururr,, C7 •
John Bennett, Mayor
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this day of
1993.
5^
44h
John ennett, Mayor
ST.ryn -Kcoch, City Clerk
4
ty council 8xh,b4t -It
proved
By ordinance
4:1:-36(-')555 08/31/975 1-'.-).-'.24 Rc---,ci 722 PG 582
Silvia. Davis— Pitkirl ('.'nty Doc:
R. Sung LO& 'SPI I'*
rTTN
EA S I H Y M A N AVE
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LS E.503
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
VJlA.t1Cd kU Kkm 1""&Vi wi ?/? 7. �',
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,
;6�;6J6"-
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.
Thank you.
�
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DATE MUED
■EVISIon..
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City Land Use Application Fees:
00113-63850-041
Deposit
_ —
-63855-042
Flat Fee
3 S o o __-
-63860-043
HPC
_
-63885-268
Public Right -of -Way
-63875-046
Zoning & Sign Permit__
- MR011
Use Tax
County Land Use Application Fees:
00113-63800-033
Deposit
-63805-034
Flat Fee
-63820-037
"Zoning
-63825-038
Board of Adjustment
Referral Fees:
00113-63810-035
County Engineer
_
00115-63340-163
City Engineer
t--
00123-63340-190
Housing
/ r
00125-63340-205
Environmental Health
00113-63815-036
County Clerk
Sales:
00113-63830-039
County Code
-69000-145
Copy Fees
Other
od
Total C5?
Name: �/llGiijZ
z
/3,5
Dater/ Check/7-5—
Addres
Project:_
Case No:
Phone: %—
3O _�
No. of Copies