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HomeMy WebLinkAboutLand Use Case.CU.910 Gibson Ave.A43-972737-074-90-001 Loewetern A.D.U. ,Q,lltt/A/l�.e--cQ Ia�o 0 (, YJ O VI A43-97 �v (Garage/Apartment) CI Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63860-043 HPC -63885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit -MR0I I Use Tax 10000-67100-383 Park Dedication 15000-63050-480 AH Commercial 15000-63065482 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer O0i 15-63340-163 City Engineer En O ---- 62023-63340-190 Housing 00125-63340-205 Environmental Health 00113-63815-036 County Clerk 00113-63812-212 WildiifeOfficer Sales: 00113-63830-039 County Code -69000-145 Copy Fees Other r E Phone: 'Total 6 D 00 Date: Check:3 / 0 Project: Case No: 3 -_ 57 No. of Copies /3 CAS-- '),' r "UMMARY SHEET - CITY C V -- DATE RECEIVED: 6/4/97 CASE # A43-97 DATE COMPLETE: STAFF: PARCEL ID # 2737-074-90-001 Kam' PROJECT NAME: Project Address: APPLICANT: Address/Phone: OWNER: Address/Phone: REPRESENTATIVE Address/Phone: Loewenstern A.D.0 ( Garage/Apartment) 910 Gibson Ave, Aspen Carol Loewenstern 910 Gibson Ave, Aspen same George Draper 161 Light Hill Rd Snowmass, Co 81654 RESPONSIBLE PARTY: Applicant Other Name/Address: FEES DUE FEES RECEIVED PLANNING $450 PLANNING $450. # APPS RECEIVED 13 ENGINEER $110 ENGINEER $110. # PLATS RECEIVED HOUSING $0 HOUSING $ GIS DISK RECEIVED: ENV HEALTH $0 ENV HEALTH $ CLERK $ CLERK $ TYPE OF APPLICATION TOTAL $560. TOTAL RCVD $560. Staff Approval REFERRALS: ❑ City Attorney J< City Engineer (DRC) %Mning OffHousing ❑ Environmental Health ; 'Parks DATE REFERRED: W11191M IffAspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: INITIALS: ❑ CDOT JVACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE: ;Q11?- APPROVAL: Ordinance eso utio # ��� �1� Date: Staff Approval Plat Recorded: CLOSED/FILED DATE: �l INITIALS: ROUTE TO: Date: Book Page or RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE LOEWENSTERN RESIDENCE LOCATED AT 910 GIBSON AVENUE (PARCEL B, SMUGGLER MOBILE HOME PARK), CITY OF ASPEN Resolution 97 - & WHEREAS, The Community Development Department received an application from Mr. George Draper on behalf of Ms. Carol Loewenstern for a Conditional Use Review for an above -grade Accessory Dwelling Unit that would be located above a new, detached two -car garage and would contain approximately five -hundred seventy-six (576) square feet of floor area; and WHEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and WHEREAS, the Housing Office, City Engineering, Parks Department, Zoning Officer and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on July 15, 1997, the Planning and Zoning Commission approved by a 6-0 vote the Conditional Use for the Loewenstern Accessory Dwelling Unit with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the conditional use request for the proposed detached Accessory Dwelling Unit above a two -car garage at 910 Gibson Avenue 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 between 300 and 700 square feet; 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, a copy of which must be obtained from the Housing Office; r d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a separate one -bedroom unit; e. Provide a minimum of one off-street parking space for the ADU that shall be shown on the final plans; f. 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; g. Locate any additional proposed construction in such a way that it does not encroach into an existing utility easement or public right-of-way; h. 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; i. Submit working drawings to verify all height, setback, and floor area calculations (including documentation of existing floor area), as well as lot size and lot area calculations; j. Provide written documentation verifying that permission to complete the off -site reconfiguration of the driveway has been obtained from the adjacent/affected property owner(s) to the west/southwest, or obtain an adequate easement; k. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the. building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado; 1. In the event required, a tree removal permit must be obtained from the Parks Department for any trees that are to be removed or relocated; also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s); and, in. A tap permit must be completed at the office of the Aspen Consolidated Sanitation District; a separate service line and tap will be required for the accessory dwelling unit. 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; Permit Community Development Department, Engineering Department and Housing Office staff to inspect the property to determine compliance with the conditions of approval; Install landscaping, rocks/boulders, or split rail fencing to prevent parking from occurring in the Gibson Avenue right-of-way, and improve and maintain the right-of- way along the property's frontage; d. As established by City Code, the maximum permissible width of a driveway within the right-of-way is eighteen (18) feet. The curb cut and curb and gutter must be reconstructed to provide an eighteen (18) foot wide curb cut. Also, the City Code requires that the driveway be paved from the street to the property line, and this will have to be completed prior to the issuance of a certificate of occupancy for the accessory dwelling unit; and, e. Enter into a sidewalk agreement, which would include agreement to construct curb and gutter, with the City of Aspen. 3. In the event required, the applicant must receive approval from: • The City Engineer for design of improvements, including landscaping, within public rights -of -way; • The Parks Department for vegetation species, tree removal, and/or public trail disturbances; • The Streets Department for mailboxes and street cuts; and, • The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights -of -way. 4. Prior to the issuance of any building permits, a review of any proposed changes from the approvals, as set forth herein. shall be made by the Planning and Engineering Departments. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the door and the area in front of the door to the ADU. 6. 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 shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. APPROVED by the Commission at its regular meeting on .Iuly 15, 1997. APPROVED AS TO FORM: avid Hoefer, Assistant City Attorney Attest: - l ckie Lothian,'Deputy City Clerk Planning and Zoning Commission: Jasmine Tygre, Acting Chairperson what the percentage of the activity was held in each department. Schickling answered as a year round operation was 70-30, but in the height of the summer it was 50-50. Ty re asked that Nty/County P&Z/GMC resume at this time nce there was a quori. City P&Z re nvened at 7:00 p.m. Even though�Mr. Sharp left e meeting, Blaich noted is questions w re important and�eeded to be ad essed. He question d the snowcat t remaining at Snowmass in the summer. Sch1Qkling replied t at space was al o a problem and there was not a secured site at Snowrtgass. Asp Parks was the�manager for the inter -governmental Nordic System and'reSWUSIble for the ecl ipment. Schickling stated that Bill Sharp has'been instrumenta the reshaping of design changes in the building over the years. She said his . ea has the darycolored roof. Dave Johnston voiced a positive Qpi on based uporT 'e strides made in the re- design of the facility over the years MOTION: Dave Johns n moved t reecommend to,4�ity Council approval of the Final lanned Unit De lopment, Rez*ng, and moved to approve Conditi al Use, Special. kevi , and waive'the "Residential PP P , Design Standards for the Parks and Golf intenance fac`itity, 585 Cemetery Lane ith the conditions outlines in a Staff Memn dated July 15, 1997. oger Hunt second. ALL IN FAVOR, APPROVED 6-0. MOTION: im Mooney moved to recommend City Council establish an "emp yee mitigation bank" for City projects requiring employee housin mitigation. ALL IN FAVOR, APPROVED 6-0. • 1U (parcel ID# I `1 II David Hoefer reviewed the notice and said the commission had jurisdiction to proceed. Mitch Haas, Staff, presented the applicant's request to construct a detached garage with an ADU above on Parcel B of the Smuggler Mobile Home Park. Haas explained the ADU was voluntary and deed restricted but the unit would not be required to be rented or counted as a unit of density. Haas stated the ADU would be similar in design and materials to the main house. s w • \ �►L1L 111 \ 1 Steve Buettow asked if C-DOT had reviewed the entrance design. Schickling thought they had not. Roger Hunt questioned why C-DOT would look at this entrance if the highway would not be there in the future. Tim Mooney asked if the surface of the interior of the c plex was gravel or \ paved. Schickling replied that it would be paved. Be on stated the iggest "tpiti ation for PM- was that the equipment woul o longer be dren from gg , Gtonwood..Mooney was in favor of some kind of ravel rather than asphalt. PUBL 11� COMMENT: Don Kopf, public, gabp his back ground and until a few mon s ago was a member of the Golf B`64rd. He aggeed that the office space for Golf.was inadequate and the residents of the Castle Creep Subdivision were not opposed to a maintenance facility but did not agree with this plan. He explained his plan for the facility which would be at "Mahoney' sMountain" or the dirt pile on the side of the Plum Tree (Truscott) which would fit there. He questioned the building on power plant road not being used for storage of the, vehicles. Bill Sharp, public, (letter in exhibits) ques(Ioned the government spending. He said there was no reason this should bean a hitectural monument but rather just a shed for lawn mowers. He noted'ihe amenitie f a second floor were not necessary and the wash bay could be`.located-unde round. Bob Blaich asked to review Mr. Sharp's letter,point by point. j Smith replied to Sharp's letter in that a s nall4r footprint had\.been incorporated to include the mezzanine which decreased the overall footprint b about 1,000 sf. He said a low side on the sloping roof toward the neighborhood. Sc ickling noted that currently there were 3 people sharing one office a d 4 sharing nother office. She said there were supervisors that did not have desk Steve Aiken, City of Aspen Golf Director, stated dirt is sifted r the base all, soccer fields and parks at this site. The sand for the Golf Course' also sto d there. He said there was nowhere to move this site and the street sv�eper is also stored there. Aiken noted there would be a lot of traffic through that site which would disrupt the offices, employee unit, maintenance, storage and Trus tt Housing if located at the dirt pile area. Schickling stated Parks and Golf would share this facility as well as some equipment. She laid there was an overlap with the 2 departments. Mooney asked 4 PLANNING & ZONING COMMISSION JULY 15,199 Tim Mooney asked the ownership of the strip of land off of this property. Draper said that driveway was existing but was unsure of the status of ownership or the easement. -David Hoefer noted condition # 1 j . addressed this issue but should be made clear to the applicant for approval. Buettow asked if the applicant would be willing to put in access from the street on their own property. Carol Lowenstern answered yes, if it was necessary. PUBLIC COMMENT: Tom D'Arri, public, reiterated that no variance set backs were being asked for on this application. He asked to see the fence on the drawing. Rick Brebner, public, stated his house was directly behind the Lowenstern house and the 2 story garage addition would obliterate his view. He asked that height limits be kept in mind. Brebner said the closed street in question was the original entrance to Smuggler Trailer Park (Neale Street). Ellen Craven, public, said that no windows on that side would be great because that side faces their deck. MOTION: Roger Hunt moved to approve the conditional use request for the proposed detached Accessory Dwelling Unit at 910 Gibson Avenue in the City of Aspen with conditions outlined in the Community Development Memo dated July 15, 1997, also an adequate easement must be attained. Tim Mooney second. APPROVED 6-0. PUBLIC HEARING: POMEGRANATE REZONING 39100 HWY. 82, ASPEN David Hoefer stated the public notice was properly posted and the commission had jurisdiction to proceed. Jasmine Tyre opened the public hearing. Chris Bendon, staff, explained that the Pomegranate requested a zone change from Park to Residential Multi -Family (RMF) to allow construction of attached garages. Bendon stated in 1995 the applicant gained approval from Pitkin County for a major plat amendment to acquire the property for the proposed garages and approval of rezoning from AFR-2 to AR-2 to allow for the propo§ed 18 garages. Maroon Creek Subdivision was developed, annexed into the City and rezoned from AFR-2 to Park (P) zone which does not allow garages. The Condominiums are zoned AR-2 in Pitkin County and the proposed location for the 18 garages is in Aspen City Limits. Bendon noted staff recommended the City annex the entire property but annexation cannot be forced. 6 MEMORANDUM TO: Aspen Planning and Zoning Commission THROUGH: Stan Clauson, Community Develop t irector Julie Ann Woods, Deputy Director FROM: Mitch Haas, City 4A. I RE: Loewenstern Conditional Use Review for a Detached Accessory Dwelling Unit (ADU) - Public Hearing. 910 Gibson Avenue (Legal: Parcel B, Smuggler Mobile Home Park), City of Aspen Parcel I.D. No. 2737-074- 90-001. DATE: July 15, 1997 SUMMARY: The applicant is requesting Conditional Use approval to construct a detached garage with an Accessory Dwelling Unit (ADU) above. Although the proposed unit would qualify for the floor area bonus associated with development of an ADU, the applicant is not seeking any bonuses. The request is voluntary, and a GMQS exemption is not being sought. The applicant's Conditional Use Application is attached as Exhibit A, and referral comments from the Aspen Consolidated Sanitation District (ACSD), the City Zoning Officer, Engineering, Housing, and Parks are included as Exhibit B. Community Development staff recommends that the Conditional Use review for the detached garage with an Accessory Dwelling Unit (ADU) above, at 910 Gibson Avenue (Parcel 2737-074-90-001), be approved with conditions. APPLICANT: Carol Loewenstern, represented by George Draper. LOCATION: Parcel B of the Smuggler Mobile Home Park is located in the City of Aspen at 910 Gibson Avenue, which is on the north side of Gibson Avenue at its junction with Neale Avenue. The lot is bounded by the Smuggler Mobile Home Park to the north and single-family residences to the south, east and west. (See attached vicinity map). ZONING: Moderate -Density Residential (R-15). CURRENT LAND USE: Detached single-family residential LOT SIZE: Based on the applicant's representation, the lot size is 15,507 square feet (0.356 acres). However, a road easement is indicated on the improvement survey, and any area of dedicated right-of-way or, surface easement is excluded from total lot area for the purpose of calculating the allowable amount of floor area. A Site Improvement Survey indicating the lot size, topography, and the area of all right-of-way or surface easements will be required before an accurate determination can be made on the allowable floor area (before building permit issuance). ALLOWABLE FAR: The allowable FAR would be 4,530 square feet (this FAR calculation is a preliminary estimate only; it does not take into account slope reductions, sub -grade areas, garage area calculations, right-of-way or surface easements, or any potential FAR bonuses). PROPOSED LAND USE: The lot contains an existing single-family residence. The existing residence would remain as it currently exists. The proposal calls for augmenting the residence by constructing a detached building that would contain a two -car garage with an accessory dwelling unit above. REVIEW PROCEDURE: 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). The following sections of the code are applicable to conditional use reviews of ADUs: Section 26.40.090, Accessory Dwelling Units; ' Section 26.28.050, Moderate -Density Residential (R-15); Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section 26.58.040, Residential Design Standards. The Code provides that (Section 26.58.020 (B)) "in order to proceed with additional land use reviews or obtain a Development Order, staff shall find the submitted development application consistent with the Residential Design Guidelines." This review has been carried out and approved by staff. BACKGROUND: The lot in question was created as part of the Smuggler Mobile Home Park PUD. It was designated, as Parcel B. Smuggler Mobile Home Park, for single-family residential use, and assigned the zoning of R-15, Moderate Density Residential. The PUD approval did not place any conditions upon Parcel B, specifically. The current proposal is for conditional use approval of a detached garage with an ADU above. As required by the Code, the ADU would contain between 300 and 700 square feet of floor area with private kitchen (two -burner stove with oven, standard sink, and a six cubic foot refrigerator plus freezer), bathroom, and access. The two -car garage and associated driveway, along with a gravel parking pad, will provide off-street parking spaces. The applicant is not seeking an FAR bonus; therefore, the unit will not be required to be rented out. The proposed ADU would be completely voluntary as the applicant is not seeking an exemption from the requirements of the growth management quota system. FA REFERRAL COMMENTS: The comments from the Aspen Consolidated Sanitation District, the City Zoning Officer, and the City Engineering, Housing and Parks Departments are included as Exhibit B. STAFF COMMENTS: Section 26.40.090, Accessory Dwelling Units The provisions of Sections 26.40.090(A)(1) and 26.40.090(E) require that all ADUs contain between 300 and 700 square feet of net livable area. The proposed unit would contain approximately 576 square feet of net livable area. The applicant is aware that the unit is required to be deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods of not less that six (6) months in duration. The owner of the principal residence shall retain the right to place a qualified employee(s) of his/her choosing in the ADU, and since the applicant is not seeking an FAR bonus, the housing office will not retain the right to fill the unit if left vacant. An off-street parking space would be provided to the side of the unit. Section 26.40.090(A)(2) does not apply to the proposal as the unit would be detached. Section 26.40.090(A)(3) is met because the proposal calls for placing the ADU above a detached garage. Section 26.40.090(A)(4) does not apply to this proposal as alley access is not available. Section 26.40.090(B), Development review standards for a detached accessory dwelling unit, requires that The proposed development be compatible with and subordinate in character to the primary residence located on the parcel as well as development located within the neighborhood, and assuming year-round occupancy, shall not create a density pattern inconsistent with the established neighborhood. The proposed ADU would be of similar design to the "Victorian" house (principal residence) located on the lot. As the primary residence on the lot contains approximately 2,500 square feet of floor area, the 576 square foot footprint of the proposed structure would be subordinate in character to the primary residence as well as to development located in the neighborhood. ADUs are not counted as units of density, and the property is bounded by a mobile home park on one side and single-family residences on the others; thus, staff believes that the proposed land uses would be compatible with those of the established neighborhood, as required by this section. The proposed structure would comply with all dimensional requirements of the underlying R-15 zone district, and no variances are requested. 3 Section 26.28.050, Moderate -Density Residential (R-15) Accessory dwelling units are permitted within the R-15 zone district as conditional uses. The proposed plans indicate that the development would meet all of the dimensional requirements of the zone district. See the attached referral memo from Sara Thomas, City Zoning Officer. Section 26.60.040, Standards Applicable to All Conditional Uses 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. RESPONSE: The stated purpose of the R-15 zone district "is to provide areas for long- term residential purposes with customary accessory uses." ADUs are allowed as conditional uses in the R-15 zone district, nand the proposal will be required to meet or exceed all of the dimensional requirements associated with the zoning. Furthermore, one of the stated themes of the AACP with regard to "revitalizing the permanent community" is to "increase resident housing." Also, the proposal is consistent with the following purposes, goals, objectives and standards of the AACP: • "Promote, market and implement Cottage Infill and Accessory Dwelling Unit programs;" • "Develop small scale resident housing which fits the character of the community and is interspersed with free market housing throughout the Aspen Area and up valley of Aspen Village;" and, • "The public and private sectors together should develop . . . employee -occupied accessory dwelling units, to achieve the identified unmet need to sustain a critical mass of residents." For further comment on standard (A), please seethe discussion of standard (E) below. (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 subject parcel is surrounded by the Smuggler Mobile Home Park and single-family residential uses, and an ADU use is both consistent and compatible with the existing residential development in the immediate vicinity. 4 (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 building would be located on a large gravel area which is visible from the street; a fence and an overhead power pole and line are the only sights which would be obscured by the new construction. As described earlier, the size of the structure would be subordinate to the principal residence, and the design would be compatible with the main structure as well. Like every other residence that fronts on Gibson Avenue, the ADU's parking and trash service will be accessed from the street. No noise, vibration, or odor related impacts are anticipated. The proposed ADU will operate like any other residence or ADU found in the neighborhood. The anticipated impacts will be negligible. (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, f re , protection, emergency medical services, hospital and medical services, drainage,,systems, and schools. RESPONSE: There are adequate public facilities and services to serve the proposed uses. See Engineering and ACSD referral comments, attached as Exhibit B. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: While the proposed development of an ADU will not generate an increase in the employment base, the applicant will be supplying an ADU which, pursuant to Section 26.40.090(A)(1) and (E), will be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County for periods of not less than six months in duration, thereby serving the need for increased affordable housing in the City of Aspen. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. RESPONSE: The proposed conditional uses will comply with all additional standards imposed on it by the AACP and by all other applicable requirements of the Municipal Code, such as those contained in Section 26.58.040, Residential Design Standards. STAFF FINDINGS: Based upon review of the applicant's land use application and the referral comments, Community Development staff finds that there is sufficient information to support approval of the request, with conditions. 5 RECOMMENDATION: Community Development staff recommends that the conditional use request for the proposed Accessory Dwelling Unit at 910 Gibson Avenue 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 between 300 and 700 square feet; 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, a copy of 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. Provide a minimum of one off-street parking space for the ADU that shall be shown on the final plans; f. 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; g. Locate any additional proposed construction in such a way that it does not encroach into an existing utility easement or public right-of-way; h. 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; i. Submit working drawings to verify all height, setback, and floor area calculations (including documentation of existing floor area), as well as lot size and lot area calculations; j. Provide written documentation verifying that permission to complete the off -site reconfiguration the driveway has been obtained from the adjacent/affected property owner(s) to the west/southwest; k. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado; 1. In the event required, a tree removal permit must be obtained from the Parks Department for any trees that are to be removed or relocated; also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s); and, in. A tap permit must be completed at the office of the Aspen Consolidated Sanitation District; a separate service line and tap will be required for the accessory dwelling unit. 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 6 accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; b. Permit Community Development Department, Engineering Department and Housing Office staff to inspect the property to determine compliance with the conditions of approval; c. Install landscaping, rocks/boulders, or split rail fencing to prevent parking from occurring in the Gibson Avenue right-of-way, and improve and maintain the right-of- way along the property's frontage; d. As established by City Code, the maximum permissible width of a driveway within the right-of-way is eighteen (18) feet. The curb cut and curb and gutter must be reconstructed to provide an eighteen (18) foot wide curb cut. Also, the City Code requires that the driveway be paved from the street to the property line, and this will have to be completed prior to the issuance of a certificate of occupancy for the accessory dwelling unit; and, e. Enter into a sidewalk agreement, which would include agreement to construct curb and gutter, with the City of Aspen. 3. In the event required, the applicant must receive approval from: • The City Engineer for design of improvements, including landscaping, within public rights -of -way; • The Parks Department for vegetation species, tree removal, and/or public trail disturbances; • The Streets Department for mailboxes and street cuts; and, • The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights -of -way. 4. Prior to the issuance of any building permits, a review of any proposed changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the door and the area in front of the door to the ADU. 6. 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 shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. RECOMMENDED MOTION: "I move to approve the conditional use request for the proposed detached Accessory Dwelling Unit at 910 Gibson Avenue in the City of Aspen with the conditions outlined in the Community Development Department memo dated July 16, 1997." EXHIBITS: "A" - Conditional Use Application "B" - Referral Comments 7 I I) Project Name �-- 0 2.. n A L U G-ara �c ` , - 2✓1 2) Project ibmtimn q10 (; 1bsor\ Qyt'�-tuZ �5 � Co aka �a,(,ceA g Srnug01ler (l'1ob� le cn, e. �a�k , �sPz, Go (1 n i czt'p street addrdtg, 1OL a b1cciG n=bcw, 1eq3L AgST=jrt�cyberg 3) Present Zcning � - � 5 A 4) rat size 5) it's Name, Address & Phrne # C aco I , 910 (,,—�bson' Uz✓�ue �SIOe� Ca (9 6) P ; rHive's Name, Address & Rxm # ecN g %G' Gz 6 l L a l+ k l Rj I -5To) a-- �-n 6 a 7) Type of Am—1 i ca i cn (Please r2winic.all t3zat apply): v Cmd-itic nal Use _�IalS2A, concp=;t l ai sttnri c Dew. s ecd a l P4071ew Filial SPA Final H tm: i c _ new. 8040 Qtr•+.x,7 ine Inj13M Min= H]stor'_c Dew. Stream Margin Final PM His..oric DanoUticn Ebuntain View Plane SibdiV -S rn ' Historic r Q�ic�rinitari rn Aft (21US Allcitment ICt sp i vict Lim _ GMS im Adjustoent 8) Des= +_ipt i rn of Md? g ff5e5 (rmber ar7d type of e2 tti n ; ri+-p sq. ft. ; n3mbez of berms; any previous avals granted to the 9) LonS+V-LAc.-I-io✓) o� a ��� ac.(� a cam✓ �a�� a,e wifi� /+�u afoo��. FROM : PHONE ND. : 9709274062 - I. 17 1997 02:57FM R2 Proposed AOU, 9110 Gibson Averjt.,e, Aspen Colorado. The proposed AOU which is part of a planned detached garage with apartmeM above falls within ffia guidelines of the Ascen Area Comprehensive Plan, and satisfies ail zoning requirements. The area around the properq is a mixture of single farniiy homes and Srnugylar iftbile Home Park; densely populated but definitely with a rural feel. The streets are not ieid out it a grid pattern and the p?easantyet "jumbled" reitu'e of the e;ghborhood can readliy abscr b `>t a adcIttion, of rarethe; 1. wilding ;chile adding to tine character and fife Gi the vicitity in the form of housing for 9 or 2 year round residents. 71e proposed buy iding is to be located on a larg6 gravel a,, -ea tivhlc;- is v1S9b*'e from the street; a fence and ,^.w er or i Sigft+ a s .i cures a p p .ears fhe arty .�.y s t :r?t ,5li : b ssbs..,.. .. bq, ii�.l cormtru&,Iion. Ctnar imp ac:-roviii be min -' :a, as far as irnpa,.ts on traffic, pedes4riaP. or otherwise. trash pickup or noise. Theta are adequate feci;ities and services ayt lxh3e as provided by the city of Aspen. The proposes! AM is less than 700 sgft in area and wH! be rented a%A on, a long term basis, i.e , not Iess than 6 m, ont 1s. A parkiin, c :u�awe Zvi)' be available of; the street to the side o` the un.t. Tyv pr*posad ;Dt::s sizoM ac."'.crvMS to -e d"!m-: s;:oi*E' rsquirernerlt9 of its zoning dist7ict - R15A Tiler a is rio alley acCsss. The proposed DU witj be of stmi!ar design to the "Yottor:an" house located on t! e pmper yr and wii( not ze Out of G:B.gracter itb tite a5)runrlent oral of the neigiicorhood- Ali minimvrn setbacks will be observer as laid out in the site plan provided . Tye primary resider4e located or, this paroe! is of 25M sglt in sine whtc , is Substantially less than t_;a FAR t'laws. The owner/applioant understands that this tinit, if approved, w 0ji :deed be deed reetscted, registered with t" housing etf;ce and available for rent<l to an eligiNe working resident all pitkzn G+Jargc Oraver..7'1rP2!'S r�2 i"@S�rSiBifVe- I Re.. 910 Gibson Aver::e. Asper.. ;,ciora`c. The nn t' `n o i nee no 'nit an 1 U r .n n subrrii+e'{. as ! ?a t c4 h a�,,..f!ca.ron for a ...ad do^2'. _ r ..,.. ..:a l.. as se,� ... a Proposed d+eve!cprartt atthiS add'9sS A 2 car datached rara:e is ofarned with a `57S soft acartment above. At oresent there is a cetached sirgis family C,ve!!ing or the site. I he garage can a placed within the ai!owabie setbacks and in a position -vc,ici is crf :re sueet ai;�,J r, _ . p7i0}�O:iiOil •_0 :i� ?�u�e. it'vVf!, ,:8 CO;­,.=::;rie'%ait., i,-,2 d? :harc..�a —S !S nrnnOSed .ZkC1, 'il ^n�J w.� '_�."� -.. on- Frill '�_ra 4s �'0 3l!6V a--c:.ss. I I�lol�e✓l�e��c� QQSS .,. 4k. Eft?121 MEMORANDUM To: Mitch Haas, Planner Thru: Nick Adeh, City Engineer From: Chuck Roth, Project ngineer e-/<_ Date: June 30, 1997 Re: Lowenstern Conditional Use Review for an ADU (Parcel ID No. 273 7-074-90-00 1 ) I have reviewed the above referenced application and have made a site visit, and I have the following comments: 1. Parkin - The City has received complaints from a neighbor about private parking on an unusual shape of public right-of-way in front of the applicant's property. A previous assistant city manager promised the resident that boulders would be placed to prevent the use of the area for parking, but that has not happened. This may be more of a neighborhood character issue than an engineering issue due to the unusual configuration of the public right-of-way at this location. If you or the P & Z determines to alter that use, the applicant should be required to install landscaping or rocks or split rail fence to prevent further parking use. The right-of-way in general in front of the applicant's property in the area of the driveway is weed -grown and un-maintained. Perhaps it should be a condition of approval that the area be improved. 2. Driveway - The maximum permissible width of a driveway within the right-of-way is 18' as established in the City Code. The site plan driveway measures with a scale to be a little too wide. The curb cut is 30 feet wide. The curb cut and curb and gutter must be reconstructed to provide an 18 foot wide curb cut. Also, City Code requires that the driveway be paved from the street to the property line. 3. Sidewalli, Curb and Gutter - This site is located within the Smuggler Area, which is currently in the planning process for pedestrian safety and transportation improvements. It is not anticipated at this time that sidewalk will be planned at this location. Therefore the City will only require a sidewalk agreement prior to issuance of a certificate of occupancy as provided for in the City Code. Note that there is an existing berm in the public right-of-way which would not be permitted. The applicant would also be responsible for removing or modifying the berm to maintain a relatively flat walkway corridor. r 0 Any sections of curb and gutter in disrepair must be replaced. Most of the property is not fronted with curb and gutter. So the sidewalk agreement will include agreement to construct curb and gutter. 4. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in the public right-of-way. For pedestals, easements must be provided. The building permit drawings must indicate all utility meter locations. Meter locations must be accessible for reading and may not be obstructed by trash storage. 5. Site Drainage - The site development must meet the requirement of runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f, and the building permit application must include a drainage mitigation plan (full size - 24"06") and a report, both signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan. 6. Street Cuts - The site is located in an area that was paved only a few years ago. Insofar as possible, the integrity of the street paving must be preserved. The applicant should be required to perform utility hook-ups in the older pavement near their residence if practicable. 7. Aspen/Pitkin County Housing Authority - The proposed accessory dwelling unit design is favored by the Housing Authority because it is planned to be located above grade, above the garage. 8. Parks Department - A tree removal permit must be obtained for any trees that are planned to be removed or relocated. 9. Fire Marshal - The regulations of the Fire District must be followed. The access is acceptable. Since the floor area is less than 5,000 square feet, a sprinkler system will not be required. 10. Aspen Consolidated Sanitation District- The applicant must comply with all Sanitation District requirements. A separate service line must be provided for the accessory dwelling unit. 11. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights -of -way, parks department (920-5120) for vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes , street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the city community development department. M97.105 2 ✓aspen Sol o(afeo(c�anrfafion �rsf � f A 565 North Mill Street Aspen, Colorado 81611 Tele. (970) 925-3601 Sy Kelly • Chairman Paul Smith • Treas. Louis Poeeish • Sccy. June 17, 1997 Mitch Haas Community Development 130 S. Galena Aspen, CO 81611 Re: Loewenstern ADU Dear Mitch: FAX #(970) 925-2537 R�CE�v�® Michael Kelly Frank Loushin JINN 1 8 1997 Bruce Matherly, Mgr. ASPEN / PITKIN COMMUNITY DEVELOPMENT The Aspen Consolidated Sanitation District currently has sufficient collection and treatment capacity to serve this project. Service is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. A separate service line and tap is required for the proposed ADU. A tap permit must be completed at our office prior to the issuance of a building permit. Fees can be estimated when the tap permit is completed. Once the fees are paid the tap can be scheduled when needed. Please call if you have any questions. Sincerely, ` Bruce Matherly District Manager EPA Awards of Excellence 1976 • 1986 • 1990 Regional and National UN 18 ' G r 02: 22Prl ASFEH HOUSING OFC: P.1 MEMORANDUM TO: Mitch Haas, Community Development Dept. FROM. Cindy Christensen, Housing Office DATE: June 18, 1997 RE: Loewenstorn Conditional Use for an Accessory Dwelling Unit Parcel 113 No. 2737-074-90-001 REQU : The applicant is requesting approval for a 676 square foot accessory dwelling unit to be located above a detached garage. BAQKGROUND: According to Section 26.40.090, Accessory DweDing Unks, a unit shall contain not less than 300 square feet of net livable area and not more than 700 square feet of net livable area, ISSUES; When the Housing Office reviews plans for an accessory dwelling unit, there are particular areas that are given special attention. They are as follows: 1. The unit must be a totally private unit, which means the unit must have a private entrance and there shRll be no other rooms in this unit that need to be utilized by the individuals in the principal residence; i.e., a mechanical room for the principal residence. Also, is the unit just an "additional bedroom" to the principal residence. 2. The kitchen includes a minimum of a two -burner stove with oven, standard sink, and a 6- cubic foot refrigerator plus freezer. 3, The unit has natural light into the unit; i.e., windows, sliding glass door, etc. 4. Should the unit be used to obtain an FAR bonus, the unit MUST be rented to a qualified employee: RE MENDATI : Staff recommends approval of this unit as long as the following conditions are met: 1. The kitchen is as stated above. 2. An amessory dwelling unit deed restriction must be recorded prior to building permit approval (this form is provided by the Housing Office). Should the unit be utilized to obtain an FAR bonus, the deed restriction wilt include the provision that the unit MUST be rented to a qualified employee. 3. Inspection of the unit by the Housing Office prior to Certificate of Occupancy. VdarralloW697.adu MEMORANDUM TO: Mitch Haas, Planner FROM: Sara Thomas, City Zoning RE: Lowenstein Conditional Use Review for an ADU 910 Gibson Avenue, Aspen, CO DATE: June 27, 1997 910 Gibson Avenue is located in the R-15 zone district, which has the following dimensional requirements: Front Yard - 25 feet for residential dwellings and 30 feet for accessory buildings Side Yard - 10 feet Rear Yard - 10 feet for residential dwellings and 5 feet for accessory buildings Height - 25 feet Minimum distance between buildings on the lot - 10 feet The proposed drawings indicate that the garage/ADU addition complies with the setback and height requirements. FAR - Based on the applicants representation, the lot size is .356 acres or 15,507 square feet. However, a road easement is indicated on the improvement survey and any area of dedicated right-of-way or surface easement is excluded from total lot area for the purpose of calculating floor area. A Site Improvement Survey indicating the lot size, topography and the area of all right-of-way or surface easements will be required before an accurate calculation can be made on the allowable floor area for this parcel. All height, setback, and floor area calculations (including documentation of the existing floor area) will be verified when working drawings are submitted to the Building Department for building permit review. June 25, 1997 George Draper 161 Light Hill Road ASPEN PITKIN Snowmass, CO 81654 COMMLXITY DEVELOPMENT DEPARTMENT, RE: Loewenstern ADU, "Notification of Approval" Dear George, The Community Development Department has reviewed your application for compliance with the "Residential Design Standards," pursuant to Section 26.58.040 of the Municipal Code. Staff has determined that the proposal is in compliance with said standards. It should be noted that further review of the proposed accessory dwelling unit and associated residence will ensue, and changes to the proposed plans may be required. Furthermore, any variations from the approved plans will require re - review. Approval under the "Residential Design Standards" does not guarantee floor area allocations or approval of other dimensional requirements; rather, it allows the project to proceed through the remaining review processes. Your cooperation in providing the required materials for this and subsequent reviews is greatly appreciated. If you should have any questions, or if I can be of help in any other way, please do not hesitate to contact me at 920-5095. Sincerely, itchell Haas ity Planner 130 SOLTH GALENA STREET - ASPEN, COLORADO 81611-1975 - PHONE 970.92U090 • FAX 970.920.5.139 Primed - R—d d Paper A ) USE Pam 1) Project Mme �-ceWws+e -n ADU ( GauraIe d (}Pag 1✓����� 2) P=ject Iccation �11�0 �bso� Qy�ue PrseeyA Co .Aka pa,(•ce,� 8Sr�►�a,91e� (Ylob� le- tome PQ�-k � PSP� Co (indicate stet addreidg, lot ft block n tuber, ]regal <Iescriptim ubere 'ate) D 3) Preseait ZQiinq - I �'� 4) Lot Size 5) Applicamt4s Name, Address & # C at-0 I o e, W SJ ✓� , to 669son' Aue-vicA (stDe'-I CO (quo) 9a5 ^ 19 l9 6) IR tative's Nine, Address & Pbcm # C -C e- �a e ✓ , S n o w vv� a-ss co F (6 s �, (1 --70) �► a-q- �-O 6 a 7) Type of A i �t-i c n (please cbeck.all tbat aWly) = Cbnditicml Use Cbricept3ZO SPA COMMptval xi tori c Dev. bpecia , Revi.ew Final SPA Final E star c Dev. Lot Splivint Line _ GMS Bnemptiai Adjustment g) rba--i ;tirn of Mrl_cf-ir,q IIS,eS (nmber and type of aristing ; sq. ft.; rximber of any priericus app rals granted to }be. iY) - 5�,�,�le, beJ✓Uo(v\S arjo1. 3 lea( s o� - a�pfox�,n�a-�-�(� a�oo sg • ��. 9) Description of Arml i irn Ce�►'�s-}�uc-f--;on o� a o�e�-�a�h.ed a cev- ga�e,a,e with ADu a6ou�--. ... .. ..._.. ._. ... .. :._ .. ,... _..,,....>... ;?�`-"'"�•u�?':"''.urS !�° ':::'..' .. _ _ .. �..•'4�aJ""YET:rR.tY.'R?!Yi�1ff'.7!":S.'LSt«: ..: , FEE.11.1997 10:45AM le,STEWART TITLE ASPEN ,r �r A�ANO.6_69 F15 y tN N.•eet,tnn \I, ..�., .....,... �, ... .....•..�— We„Ner ,,1 ��'. • "� �r YVARRAIS 1•Y t EVE) ::fQN Z Ir1 (1 15 w15E�'( T1118 D17Ef! h Itoml. , L,. n c� t,t•,I Gcta',rccr r: 64. ASPFV MOUNTALN NL.AK, a Colorado pcltaral'parenel.slilp I UI �'n>fnlrni— , %4,Y,n :'uh,rJdn, r;ramurt+l artl lit , ® „ • I•+�'� 'r CVM 11 AC murvA CAM. LC!:wtsSTE1U,' Clip oc a hl,.t ity.d :nklre•• .500 3rau' &, J!mlSton, TX 77006 ' .a tilt Ctwnh l l F �>'�1S 5t+u n(�(J«u�✓. >�AlxtrM, liw }rnnn,n+t. It", Jrw In wn,ldo"Illnn ur ' .. •, TI:N DOLLARS ($10,00) a11d athar.good sad vr.,lua''jle consideration ------- +Ytua•aIl �I {het'f.YIn174nt1.1vllLcitik)',n'wI11C11 V, hrrrhr:rMh+•+•kdy,r.I, LJC pl.lnrcd.hufiftomol. mild Alit; un\quJ.dnJ by dww rl%,Vn\ t4,p3, • far,tanl..ell, ,vxlui. al><t Coaliml. At., ilia pA,IPCCI�+. herIw•m a,t,W d•.i�m a m•.uf. :Ill i`\} n!uIPMl,efly, oMatMr a•tlh hrtpnlvr^wm+, 0turt,• I,r PY KLt �lutc of C'+dwada. l I • If min. •n,liav, A inp aeJ Ivu�' is the :1 PARCEL B, Sl`NGCLEF MCAILE HOME -PARR, according to the i S� Map and Final Subdi.visiorl Plat of SMUGGLxR MODIL! HCME' PARK, recorded April 8, :1982 in Plat Book 13'at page COUNTY OF PITLIY, STATE Or COLCRPDO $Trij Guiui NIAlY fEE '„ OCT $ .i9►34 . Y 1 .' f�- }. I aIw 1,nnwn by dR:•t xnd numhcr h,! 910 Gibson Avenue, Aspan, Colorado 61611 .r •I� �; , (.,• y� 1'fh:1t9'1'!iK wirh Lill and <In,tular uw heA,rhnnxn,l. nnJ .mnttrla n.niccv dt.nttn Ix kNonr i IY In Nn1NLp 4I•hCPi�rn 1AF. txlll Ihx R+•aPHnll rni ,'! I [e\'ChltnH. Itntalndur.14 Vir'li Altn, wla'. I•We. and 11w1h, Ihunntr..uld all die evtete. flpin, [ilia, k14M1'el, Ckam uaJ ilril,ivtd wpphyKyy.•rl'lhv 9 +1\ I grunhinJ. r,llhr ill law tv vif,iist or, In wid IP IIU h!,t w NutAlllnwl ;v¢nll,n. Whl, the IwtailIWmmi, and nimurlult.mCCb i vd pv • 'ro IiA�K AND TO 1101.11 the %JIJ ntrnlht•\ �M lwrlalAxd'Ind dvxVINJ v,,th file apryntvrcm,:a. ial1 lha ; r.,na•tnt. her twin anJ 1 �„ r u\+iZrn hifM'f. AnJ iiu ILronurl•+. Ii,Y i t!cl j, iL'e help .rod Cerv,nxl rtTM•trnnlr+r.. fit, ate ac,vcnanl,;:rani. Ntivon. and !(y,99 'I a¢M1atuand+,llnthtprAnrtel.1, dc+cnher heir, 1-lnr1h,Ill,athelllo"•nSilimplearil..•it. ,T,•t Ij +C!,IC� nr IhC pre Ml\Ov Puboe ,;lmw}vd. lia+ it•wa, run, ikrw..ih\oluw. 'and IAULAWlik -ule nl' I0-11lnCC. in low. in IL•C +int�iv, and tpA� ' lu1C plydrl}hl.I'ullryr,,1rxldnulhorlrpul}tnnl,iAtr,aln.•eiland avt•vyihew,��tn,kinnerandGxlne;,laravddalndthnnhe,anaarle rev :+ amid etear ivn, all h,emer find w1wr ftierl\, llwyotn,. Vleh, flan.. W%%, llh,{•,'nl l•, enei Nl•ralw'ts-. hnll twtiulloll. nl'whalevOkind nr IudutL w ever, i k, l f 1484 nd tbera liar a ablo "n 1985 and tharmnftcr; and ' uwvrlt general taxes or a a , p r SUBJECT TO right cm rascrved it United States Patent-rotorded in Book 55 it Page jl 16; right of way as reserved in United States Patent r,occrced In lkook,J.P5 at, Pagrn fig; re-servation2, restrictions, exceptions arid rights of way as; set f,)rth in United Etnrea Mina Lode and Placer Plats recorded in Baal, 136 At;Papo,69,'in Soak 1.36 at pads 149, in Book 39 at Page 123 and In look. (continued on roversa) nittl tilt Itli wo FJrenineJ prtnli+rn M lira clowl Aral lKuyerMu lan.e,vcm l.i dw FlINI uv!-h her apnitrt nll:Viu crtry plYht•n Or 6,I ;Jwl'ully 0I410A IV In CIAIIn IN YLltlle ur MY pan 11IM 1.1, p intnn,i \hall pn:! wih wARRAvr ANn ! t1Ruvk!k l)FMlHi I IN \t'rl'Nl SIR u'1Il:klit Ih. the prunb'r L hW V\CeUl1MI IIII\ d,Yd ni 11w JAI[ 1CI wrlll W—V. ASPEN MOUNTAM PARif C. general 2artnexahip ' !I —. — By: aiexandor'lE. L't?kin, •x i �1 I Ro erz W. Hu % os, hisJt-roe n—fact .' 11," � t• ti . NTn'r'u ar• rnLOR,uxi ' C'nniyoi PITKIN The Ima ltunp In: N,1leM wu\ iICY.o1MICtlprtl ItCfurr nx in ;bv Cnttnl}' of PITKIN of C�OLO� ?0 ,' ,thl+ ,r �rM1ttir/ dw.n Ottobr�• ,•iq 84,hy i „SYrN MOU4i'1'AIN P0Y.. n Colorado RrmLral psrenersbip, by Alexander E. Lipkrn, ti ,l MY Wilne•, lay hiroJ wail ul'fleial,aal � adJ 151aM1 •II In peAwr. inert "City �rtJ". itm managing partner, by gcw.,-:r W. MUCHIVS, bin attorney—in•-racr sa. 4.12, an-. 1.M . Mill RA% nTvrJr [rile rTMalraph. '•,[nMl Md4uJ I\,M,.I,n,. {M:}W Ma Me.LMw,xdtYt ei;N .. ,Td4:)1.IV!(p }nw •, FEE.11.1E97 12:43AM STFOAtT TIT_E =SP=�{ ','O.Eoy P.1 TO: FAX NO.: FROM: DATE: RE: STEWART TITLE OF ASPEN, INC. 620 EAST HOPKINS AVE. ASPEN, CO 81611 PHONE: (970) 925-3577 FAX: (970) 925.1384 r TIME SENT: PLEASE CALL IF YOU DO NOT RECEIVE ALL L_ PAGES. MESSAGE: fC-1 0 HOW DOES YOUR TITLE CONIFkNY RATE?? DETMOTECH, P C, has been commissioned by FANNZIE N4AF ro establish guidelines and Tate Financial Stability for the Title Insurance Industry. DEMOTECH rates STEWART TITLE as the C? QYtitie company in the United States to receive the highest possible rating three years in a rowl I' A DOUBLEPAIJUE(A') CHECK IT OUT. FEE. 11.1997 ..17-:4 403u k ilahL�n:r STEWART TITLE FSPE Np�7 17 M 9903 10. F69 F. - �•.r3�8 ,:773.50 z s 4 5 Is LAD Lln AT R(ISSYI RATI LIAR L+TY AT a�QRT-eR :SCROW CHAR04 ADSTRACT CHAR WqA WORK CHARGE ! 10 11 12 13 F'RST SPECIAL CHARGE !CREDIT) SECOND SPECIAL CHARGE (CREDIT) THIRD SPECIAL CHARGE (CREDIT) TYPE AMWNT TYPE AMOUN' TAPE AMOUNT 14 15 16 •17 18 19 120 ALTAOWNER'S POLICM—Amended10/17/70 RW/dm SCHEDULE A OrderNo.: i2656C2 PolicyNo.: O 64S801 DateofPolicy: October 23, 1904 At 10-01 asr.. Amcuntoflnsurance:$ 257,500.01) 1. Name of Insured: Caro! Lonweaa+tcrn 2. The estate or interest in the land described hereir and which is covered by this policy is, F'es 3implr. 3. The estate or interest referred to herein Is at Date of policy vested in: Carpi Lo[twensterr 4. The land referred to in this policy is described as follows,. PARCEL F, SAt[1CC►LER 'MOBILE SOME PARK, aer.ordi tea the TZsp Alwd PinAL subdivision blot of SMUCCLRR. MOULIF HIDIV, ARK, recorded April fi, 11082 is Plat Kook L3 sit -Pegs 25. County of Piti�ill. Stet!' of Colorsd . '7io C' ,`Asd n FEE.11.1991 10:44AM STEWART TITLE PSPEN NO.659 P.3 ALTA OWNSR'9 POLICY—MaWfiad IU114 ORD12R NO .: 126 ! SCHEDULE B Policy No.: 0 648601 This policy does not insure against foss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary linss, shortage in area, eneroachmerts, and any `acts which a correct survey end inspection of tha premises would disclose and which are not shown by the public records. 4. Any lien, or rght to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public record, 5. Any and ali unritid taxes and assessinnts and any unredeemed tax sales. 6. Tt;P' effect of inclusions in any general or specific Walter coneervancy, Fire protection., soil conservation or ether district or incluxion in any Water service or street improvement. carer,+. 7. ltilant of the proprietor of a vein or lc c to extract send remove his ore therefrom, should the same he fo d to renetrate or intersect the premises hvraby granted, as eserved in lln.ited States Pattont recorded Decear r. 2, 1902 in ook 55 at Page 16. a. Night uE way for d.i.tcleQe or e 1 is constructed by the authority of the United Sta s, ae re�ser d in United States Patent ,rQcordFd August 2 145li in 1300 165 at Page �69 aL ReCaption No. 106874. 9. Resery t ons, rest ri t.ona, exceptions And rights of way as set. forth i United St*Lc hi,tee Lode and Placer Plats including but not lilni ed to those, recorded October 26, 1895 in Rook 136 at 'Page 49, a ob,er 10, 1R97 in Book 136 at Page 149, July 17, " 1R93 in 90 3y at Page 123 and December 14, 1900 in P.00k 39 st Page 136. 10. Riglit of way for water pipes, and mc!ina and for electric transieission pole line as granted to James A. Devereaux by ninstrument recorded January 20, 18F7 in hook 29 at Pape 532, AY it affects subject property. 11. Right of way for construction and maintenance of pipes, mains, ditches, gLumes, dams and reservoirs as granted to David R. C. Brown by instrumlent recorded larch 18, 1885 in Book 24 at Pape 59, 12. Terms, conditions, and effect of right of wry easement between Jesse NsddAlor.e , Ge'orRc StronP and h1glsor_ Smith, Jr. and frarces Zupacis, Algot Erickson and John Bannon, recorded July 31, 1964 in Boom 20$ at Page 354 re,latirp to water pipeliuvs. 13. Terms, conditions end effects of resul«tior, of County STEWART TITLE Pow3 UVARANTT OUMPANY 1613 AAENT'S FILE COPY FEB.11.1997 i2:46RM 5 I STEWART TITLE ASPEN NO. 669 P. E am reverse) 4 '474 PAG, '�tod 'inpi ,16 s-th Y trumanr rat:orded,�in. Book, 29''at ?30., 39 at Y490 136: rISP,"_ Of wd 582, right of vA,; 4w j4rjntg-/ by Ij k r-um4m t rev .0ided'in Book 24 it Pjf' - Conjitionm, arc affev;.01 7-1,jht'D'f v1Y.4saomenr, recorded' in,3CoL"208,&,t`: Pa c':314-`�•,', tervis, couditionj Onelf liff4l.ts'oF re&;I.aticn re-cordika in.36ok .190 at4a ii.'28.- 'a41 FtP Q- Monti, and rights. or u jI q -L-4- ShOWLI'M VIM Final- SLbtiivivioiti *Lai.Mobile Rome ?ark recorded ir. f-Lat Book 1! at page 25; ,term ,, donaitias, 0131 O=Lorui and, provizions or In6anturc 'iu not forth in inskruimeil(i, r,66tovded tn-'-Soo 417 a .794; tor.mv*. conditions, ohliqationv und 'prQvia'fon's' 'g'.PrecjLae f Plan '�o ', s t %L ivr A raomant for SmnggIe x-T, a I AmtmdMwit thereto TCC,_1t-_ded.iq,Book.439 at page', 213 - :1 ell and provisionLy, of Mutual Zaaammnt AS liameftC, * r C'C ' 6rded in,: t, 4 '6- dt"VaSO z 6ok 2 , "' , 455 .condlcLonp and obligations of Libirtae Agreamark, rdcor _d:'fn','ioqk4Z6 it Paj6: r restrictions, ra'Sard4nA par im*t *i I inv's,. haigh t'Ire6tord ad ini'Boa '441 ai''Page 756 All vefui-once being co the -real pr6piarty riecordt ltr, Viektr'County, Colorado. I rA , 61 A :kN V L Al @Y 4 Y I A. J. -7, l-k 'lliv, Irk, 4 �1 4 NQ FEE.11.1'':45AN ST=N!ART TIT_E ASPEN NO.E69 P.4 ORDER NO.: 12656c2 Attached to and made a part of Stewart Tifle Guaranty Company Poi cy No. 0 648801 CortinLation of Schedule 8 Commissioners recorded August. 12, 1974 in Book 290 at Fsge 28. 14. Easements and rights of ways as ahown an tt:e Final Subdivisicn Plat of Smuggler No'trile Home Part recorded April 8, 1982 in Plat Boot 13 at Page 25. 13. Terms, conditions, obligations axed provisions of indenture As set forth in instrument recorded November 12, 1981 in Book 417 ` -at Page 794 as Reception No. 237336. j 16, Tarms, conditions, obligations and Provisions of ?r4Ci6a_ Plan i and SubdivisioC Agreement fog Smuggler Nobile Home Park as set forth in instrument recorded Aprit 8, 1982 in ook 424 at Page 3 780 .as Reception No. 240495, and Amendeent to recise plan and ` Subdivision Agreement for Smuggler Ile F o Park Subdivision recorded January 20, 1983 in Book 39 t Page 13 as Reception. No. 247331. .17. Terms, conditions oblig tione 3 p ovis�ons o£ Mutual Easement AgreC26at as se forth in instrument recorded May 13,, 1982, n Book Page 5 Reception No. 241260. Terms, conditobligations of LICFNSE AGREEMENT ass set fort�h in Instraeorde.d May 13, 1982 in nook 426 at Page 461 as Reception No. 2412,61. t9, Restrictions, regarding perimeter fen-ce height, as set forth ir. DECLARATION OF IRSTATCTIVE COVENANT recorded Marcb 11, 1983 in Book 441 nt Page 766 as Reception No. 248592. 20. A Deed of Trust dated October 22, 1984, executed by Carol Loeuv astern, to the Public Trustee of Ptthiu Countg, to secure an indebtedness of $157,500.00, in fovor of Aspen 'Mountain Park, recorded October 23, 1984 in Book 475 at Page 475 an Reception No. 263439 'ROTE:: The beneficial interest under said Dead of Trust waae ssaig,ned of record to Waiter S. Heller S Company by Aspen Mountain Park recorded October 23, 1984 its Book 475 fit Page 477 as Reception No. 263440. Raga 106-M STIENVkRT TITI IE, UM6.64) GUARANTY COMPANY June 3, 1997. I, Carol Loewenstern, of 910 Gibson Avenue, Aspen, Colorado; telephone (970) 925 1919 appoint George Draper of 161 Light Hill Road, Snowmass, Colorado; telephone (970) 927 4062, as my representative on the application for conditional use for an accessory dwelling unit @ 910 Gibson Avenue, Aspen,Colorado also known as Parcel B, Smuggler Mobile Home Park, County of Pitkin, State of Colorado. Signed.&......................... ......... ............ ...... Carol Loewenstern /± Date.......... 3 ► y �.. f,e� 8-16 q (O /hP,e/" t4 NWM �. �- ��: �.,�;• ,. ,.X F ��� i•- ` .a t ti -OW Re: 910 Gibson Avenue. Aspen. Colorado. The application for a conditional use permit for an ADU has been submitted as part of a proposed development at this address A 2 car detached garage is planned with a 576 sgft apartment above. At present there is a detached single family dwelling on the site. The garage can be placed within the allowable setbacks and in a position which is off the street and in proportion to the house. It will be compatible with the "Victorian" exterior of the house. The property is zoned R-15A and there will be parking beside the unit for 1 car. This proposed ADU will provide housing for 1 or 2 people and will have no known adverse impact on the fairly heavily populated neighborhood. There is no alley access. 4 I lAefey-devic.e- bass rn N tO m CIOO �- N V CD CO O N r �- r r N_ N �f N CD N t0 N O M N M V �p �p 00 M co cO c0 M ' N r IT r M t\ O O r r r N I M N M N N Q) N N: N ZO _O Q r r O O O.O O O r Q r Q r Q r Q r Q r Q O'Q O.'QO rn' rn Q '. 0 QO O 0 0 0 CY)0 0 O O O O O Q vW� Q vW� Q w7� Q c7� QIQ O Qw1 �n O _ Q o) o) m O: CA O O V v � tt v� w Gc7n� Gvn� VV�7 VV�' v� cWn m f` p p ti t` f` ;P- O O,O O O O O O O O O O O',O:O O O O!O O O O O O O O O O OIOO CD m t` t- m M , t-- t-- � � � � M CO M M CO cq � M � cM t,- M ti t'O M . ti t` t- � � M CO '. 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Q Q Q > > I >. ¢ C C C � W E E NOEfclo- = _ = COx Q (7 X X CO i -VONNO!N:O c o: o 3 ZD c� m Io U 10, if CU I c� m �a Z dl C C m Y U W r m " C 1p U_01 O CJ 7 L cp ! ? _ ca Z u n� aim m!rn H E Q m 0 m tm W CL 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 Zoning Aspen Consolidated Sanitation District Aspen Fire Protection District Parks FROM: Mitch Haas, Planner RE: Loewenstern Conditional Use Review for an ADU Parcel ID No. 2737-074-90-001 DATE: June 11, 1997 Attached for your review and comments is an application submitted by Carol Loewenstem. Please return your comments to me no later than June 27, 1997. Thank you. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPT. 130 S. Galena St. Aspen, CO 81611-1975 (970) 920-5090 AGENCY REFERRAL FORM The City of Aspen Community Development Dept. has received a land use request as highlighted below. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the staff evaluation, your written comments are due back to this office on APPLICANTS PLEASE NOTEH Applicants or their representatives are encouraged to attend the DRC meeting to discuss the project. The DRC Meeting has been scheduled for Wednesday, June 1 _, 1997 at 10:30 am in the Sister Cities Room of City Hall. Planner: Mitch Haas Phone No. 920-5095 Fax No. (970)920-5439 Applicant: Carol Loewenstern Phone No. 925-1919 Fax No. Representative: George Draper Phone No. 927-4062 Fax No. Location of Property: 910 Gibson Ave. (Parcel B, Smuggler Mobile Home Park) Summary of Request: Conditional Use Review for an ADU (detached Garage with apartment above) Residential Units: 1 SF MF Affordable ADU: yes Acreage/Square Feet: FAR Ratio Allowed: FAR Proposed: Zoning: Existing: R-15A Proposed: R-15A REQUESTS TO BE PROCESSED Amendments Growth Management Q.S. Site Plan Review Text Exemption Special Review Map Residential/Tounst Accom. Special. Planned Area (SPA) Administrative Review Office%ommercial Subdivision Plat Insubstantial Historic Reviews Lot Line Adjustment Appeals Exemptions Lot Split Change in Use Minor Condominiumization .Condition O Uie Conceptual Timeshare ADU Final Final Plat Other Landmark Temporary Use Environ. Sensitive Area Landmark Lot Split Variance Stream Margin Review Demolition/Relocation 8040 Greenline Review Significant w/SPA or PUD Exemption Ord. 30 Residential Review View Plane Review Planned Unit Development Exemption Conceptual Hallam Lake Bluff Final Exemption SPECIAL ISSUES. Agency Issues: CITY OF ASPEN COMMUNITY DEVELOPMENT DEPT. 130 S. Galena St. Aspen, CO 81611-1975 (970) 920-5090 AGENCY REFERRAL FORM The City of Aspen Community Development Dept. has received a land use request as highlighted below. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the staff evaluation, your written comments are due back to this office on APPLICANTS PLEASE NOTEH Applicants or their representatives are encouraged to attend the DRC meeting to discuss the project. The DRC Meeting has been scheduled for Wednesday, June 18_, 1997 at 10:30 am in the Sister Cities Room of City Hall. Planner: Mitch Haas Phone No. 920-5095 Fax No. (970)920-5439 Applicant: Carol Loewenstern Phone No. 925-1919 Fax No. Representative: George Draper Phone No. 927-4062 Fax No. Location of Property: 910 Gibson Ave. (Parcel B, Smuggler Mobile Home Park) Summary of Request: Conditional Use Review for an ADU (detached Garage with apartment above) Residential Units: 1 SF MF Affordable ADU: yes Acreage/Square Feet: FAR Ratio Allowed: FAR Proposed: Zoning: Existing: R-15A Proposed: R-15A REQUESTS TO BE PROCESSED Amendments Growth Management Q.S. Site Plan Review Text Exemption Special Review Map Residential/TouristAccom. Special. Planned Area (SPA) Administrative Review Office%ommercial Subdivision Plat Insubstantial Historic Reviews Lot Line Adjustment Appeals Exemptions Lot Split Change in Use Minor Condominiumization C(�r d"t"C1EI 1€1jg Conceptual Timeshare A17#1::: ;::::......::;:;;::::: »::... : ;:.:::::: ; .................._..............._.............................. Final Final Plat Other Landmark Temporary Use Environ. Sensitive Area Landmark Lot Split Variance Stream Margin Review Demolition/Relocation 8040 Greenline Review Significant w/SPA or PUD Exemption fj#:Q�teS%de:ritial Review .i ........ View Plane Review Planned Unit Development Exemption Conceptual Hallam Lake Bluff Final Exemption ;:::........ SPECIAL ISSUES: Agency Issues: It appears that we did not collect the referral fee for the Housing Office. Please remit the $70 fee for their review of this application. Thank you. \�� nvii�c: ACcorajh? to �oioraao io. ou must commence any l.ga1 action based upon any defect in this survey ■ithin three years after you first discover such defect. P.O.BOX n In no •vent may any action bored upon 07T d.f.ct in this survey be commenced moreX 7 than ten years from N. date of the certification shorn hereon. S N O W M A SS, C O L O R A D O 8 1 6 5 4 0 • •0 ( 97 ) 923- 2794 i • • DATE SURVEYED:3/24/97 DATE DRAFTED:3/25/97 REVISED: 0 DATA FILE NAME: 972110 0 • Ll 40 0 i i II � II ll; iIQ I III III i 3l.�ICT, PvW to o I I I v -1. N h I I 7FL/- j i la D R- �FpR, + R,UDF L INC i I D I D a I I � 0 IS' INTERID9- PLYWOOD � --- --- w - ON 7.11 C (2• o,c. 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