HomeMy WebLinkAboutLand Use Case.CU.1103 Waters Ave.A62-95 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 5 9 95 PARCEL ID AND CASE NO.
DATE COMPLETE: <=4A0, 2737- 182 -66 -004 A62 -95
STAFF MEMBER: LL
PROJECT NAME: LANG CONDITIONAL USE ADU
Project Address: 1103 WATERS ASPEN
Legal Address: LOT 3, CALDERWOOD SUBDIVISION
APPLICANT: INGO LANG
Applicant Address: 3500 ISLAND BLVD, PTHS #1, MIAMI, FL
REPRESENTATIVE: LISA BLAKE /JACK MILLER
Representative Address /Phone: BOX 4285 925 -5600
Aspen, CO 81611
FEES: PLANNING $ 224 # APPS RECEIVED 9
ENGINEER $ # PLATS RECEIVED 9
HOUSING $
ENV. HEALTH $
TOTAL $ 224
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: XX 2 STEP:
P &Z Meeting Date t -7 7 1, 5 „ . 711■ PUBLIC HEARING: ® NO
VESTED RIGHTS: ' NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
REFERRALS:
City Attorney Parks Dept. School District
X City Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
X Zoning Energy Center Other
DATE REFERRED: 'ya INITIALS: `s'w DUE: L<!
FINAL ROUTING: DATE ROUTED: 7�S1� INITIAL:
City Atty City Engineer Zoning Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Deputy Director
RE: Lang Conditional Use Review - Public Hearing
DATE: July 11, 1995
SUMMARY: The applicant proposes to construct an approximately 336
square foot accessory dwelling unit that is above grade. The unit
is proposed within a single family residence. Staff recommends
approval of the conditional use for an accessory dwelling unit with
conditions.
This proposal was reviewed by the Interim Overlay Committee.
Because of the size of the parcel, review required mandatory
compliance with the Committee's recommendations. The Committee
approved the proposal with minor changes to the front facade and
east elevation.
APPLICANT: Mr. Ingo Lang, represented by Jack Miller
LOCATION: 1103 Waters Avenue
ZONING: R -15
APPLICANT'S REQUEST: To provide an approximately 336 square foot
studio accessory dwelling unit pursuant to Ordinance 1
requirements.
REFERRAL COMMENTS: Please find the referral comments from the
Housing Office and Engineering Department, exhibit A.
STAFF COMMENTS:
Conditional Use Review - Pursuant to Section 24 -7 -304 the criteria
for a conditional use review are as follows:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located;
RESPONSE: The proposed accessory dwelling unit is an attached, ,"
above grade unit. The size is approximately 336 square feet which
provides a floor area bonus of 168 square feet. The net liveable
must be verified by the Housing Office at the time of building
permit application. The unit must comply with the Housing
Guidelines and the requirements of Ordinance 1 and shall be deed
restricted as a resident occupied unit for working residents of
Pitkin County.
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: A private access to the ADU is provided via a walkway
on the east side of the home beginning from the front yard. The
proposed location of the ADU is within the primary residence.
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: Although it appears from the plan that the roof above
the access to the ADU will shed snow to either side of the door,
it also appears that snow will shed onto the walkway for the ADU.
Because the ADU is proposed above grade the applicant is eligible
for a floor area bonus. Several residents of Waters Avenue have
expressed concern with the size of the home and have objected to
the additional floor area that is proposed for this home. In
addition, the neighbor to the east of the development has strongly
objected to the ADU parking place that is on their common property
line.
The kitchen must meet the specifications of the housing guidelines.
As part of this review, the Engineering Department has noted that
the proposed driveway does not comply with Section 19 -101 regarding
the width and the Engineer also commented that the ADU parking
space does not function properly.
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;
RESPONSE: No new services are required for the ADU. The applicant
proposes to add onto the existing structure. Because the larger
home will increase the impervious surface of the property, historic
run -off must be maintained on -site.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use; and
RESPONSE: The dwelling unit must be deed restricted for resident
2
occupancy. If the unit is rented, a qualified working resident of
Pitkin County shall reside in the unit.
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 conditional use is an attempt to comply with
Ordinance 1 requirements.
RECOMMENDATION: Staff recommends approval of the ADU with the
following conditions:
1. Prior to the issuance of any building permits the applicant
shall:
a. verify the net liveable square footage of the ADU;
b. upon approval of the deed restriction by the Housing Office,
the applicant shall record the deed restriction with the Pitkin
County Clerk and Recorder's Office with proof of recordation to the
Planning Department. The deed restriction shall state that the
accessory 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;
c. kitchen plans shall be verified by the Housing Office to ensure
compliance with specifications for kitchens in ADUs; and
d. the roof plan shall be altered to protect the walkway to the
ADU.
2. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right -of -way.
3. The ADU shall be clearly identified as a separate dwelling unit
on building permit plans and shall comply with U.B.C. Chapter 35
sound attenuation requirements.
4. Prior to the issuance of a certificate of occupancy the
Planning Department shall inspect the unit to determine compliance
with the conditions of approval.
5. Prior to the issuance of any building permits the applicant
shall:
a. provide a drainage plan to confirm that historic run -off
shall be maintained on -site;
red.)
r
b. o driveway and
parkin evisions vN lg rr� ¢..- P�..Q, �, _-�
Li: "CL AL-EIA-C Cu/ -5jc.
6. All new surface utility needs and pedestals must be installed
on site.
7. The applicant shall consult city engineering for design
considerations of development within public rights -of -way, parks
department for vegetation species, and shall obtain permits for
any work or development, including landscaping, within public
rights -of -way from city streets department.
8. 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.
ALTERNATIVE: The Commission may consider denial of the ADU finding
that the increased density and floor area bonus are incompatible
with the character of the neighborhood and the design and location
of the ADU increases adverse impacts to adjacent neighbors.
RECOMMENDED MOTION: "I move to approve the conditional use for
1103 Waters Avenue with the conditions as outlined in the Planning
Office memo dated July 11, 1995."
ATTACHMENTS:
A. Referral Comments
B. Plans
C IAO U
)(7) aaa Pst-Olatt F
51.E 1
4
•
('rrasscrete - As with other recent land use applications, the Engineering Department
continues to recommend that grasscrete parking spaces be further defined by pavers, wood or
other treatment of usable automobile tire tracks. There are instances in the City of
grasscrete spaces being unused with property owners parking on City streets.
6. Utilities - Any new surface utility needs for pedestals or other equipment must be installed on
an easement provided by the applicant and not in the public right -of -way.
Existing Electric Power Easement - The Engineering Department has been working with the
applicant's representative and with Holy Cross Electric Association concerning the
abandonment and relocation of an easement on this lot. This will be completed prior to
issuance of a building permit.
7. Trash & Utility Area - The final development plans must indicate the trash storage area, which
may not be in the public right -of -way. All trash storage areas should be indicated as trash gad
recycle areas. Any trash and recycle areas that include utility meters or other utility equipment
must provide that the utility equipment not be blocked by trash and recycle containers.
8. 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 shall consult city engineering (920 -5088) for design considerations of
development within public rights -of -way, parks department (920 -5120) for
vegetation species, and shall obtain permits for any work or development, including
landscaping, within public rights -of -way from city streets department (920 - 5130).
cc: Cris Caruso, Ingo Lang, Jack Miller
M95.126
2
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LAND ust APrLIacTION MPH
H
X) of The Lang Residence
.1103 Waters
Lot 3, Calderwood Subdivision
(indicate street address, lot 4 block number, leg td. description Cohere -
appropriate)
3) Passant Zoning R15 4) Lot nines 7409 S.F.
5) Apialicanl•s Nowt, NI2r ss & Plane i Ingo Lang _
`3500.Island13lvd, Pths #1, N. Miami, FL 33160 •
6) Repo dative's Harm, haiutts s Phone / Lisa Blake 925 -5600
Jack Miller, Box 4285, Aspen, CO 81612 925 -6930
7) type of Application (please check all that apply):
cunditiona7. Use — Conceptual SPA ^ COnoeptuel historic Den/.
Special. Deviev ___ Final SPA __ Final Historic pay.
8040 Greenliine _ conceirtal pub ` Minor Historic: Ow.
St team Margin __ Final RID _ ft strarbc Dawlitian
Mountain View Plane Subdivision • Historic Dcsigp aticn
QXXi min] umization' 1t Za'Eap AIDetXlIDeilt ' _ acts Alonsennt
t Sp licaot Line clepS E3ceatatioon. . •
Adjusbaerrt
8) Description of F]ostin g Uses le and type of a :Eating stc ar
apprcednate ski. ft-; rusher of bedrooms; any previous approvals granted to the
lady) -
1 existing older (1960's) 2 story residence ofapprox. 1792
S.F. - 3 bedrooms (no garage)
•
•
9) Description of Developaent Application
The application is to obtain approval for an attached 336 S.F.
assessory dewllinq unit. - —
10) nave you attactcd the follwlop
X Resrase to Attacharail 2, tttrainaa aa...• SiCCI Oonta+ts
X Response to Attachment 3. Spr-ific Si.nsica, Oa ttalt:
X Respn to Atta l •, He�viei SCani� for Your ApptICatical It.
05/05/95 15:36 9709201722
05/05/3995 16:25 97092! ' ALTERNATIVEI' 'ORS PAGE 02
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APPLICANT:
1 � 3 Ingo Lazne • -- ..- _._.. - —
ADDRESS: I ® 3500 Island Blvd, Pths #1, Miami, FL 33160
A 1103 Waters, Calderwood Lot 3
ZONE DISTRICT: •
LOT SIZE (SQUARE FEET): R15 7 4 0 9 S. F.
EXISTING FAR: 1792 S.F.
ALLOWABLEFAR: 3634:5 + 500 S.F. GAR +7nTT `' ' 1- PROPOSED FAR: � i " ' 3634 +• 500 s r + 1'16 n.QTT 1 ) 3 »
EXIST NET LEASABLE (co n nerc el): N/A ( �
WG
PROPOSED NET LEASABLE (tommethq: N / A
EOSnNG %OF E COVERAGE: 12%
ME
PRCPCSED % OF COVERAGE: N/A
ALSnrd site Covertg,
COSTING % OF CPEI SP Comrnetdell• -N / A
.
PROPOSED % OPEN SPACE (Conner.): 1
EXISTING MAXIMUM HEIGHT: Prirsnd *k - 23' - 25' / r y RIM
PROPOSED MAXIMUM HEIGHT: Pridid Sr • 25 ' - 30t r Arrow Mt
100%
PROPOSED % OE. ON: _
EXISTING NUMBER OF BEDROOMS: 3
PROPOSED NUMBER OF BEDROOMS: 3
EXISTING ON•SETE PARKING SPACES: 4 '
ON-SITE PARKING SPACES REQUIRED: 4 -
SETRACK$:
EXISTING: ALLOWABLE: PROPOSED: T 2 5 5 ,
Front 40 Front 25' Front
Rear Rear _LPL__ Rear: D�
Side: 1 n Side: La' Side:
Combined Front/Rear Combined FrvRr: Combined FronvRear.
EXISTING NONCQNFCRMITIES/
ENCROACHMENTS: -
vAP IATIONS PFOUESTFD feaaiNe for I andmarks Only: drearier comae/API finding mint he made by HPCI:
FAR: Minimum Disena Batmen Buidngs:
SETBACKS: Front: Paddrly Spacer
Rear. . Open Space (Conroa'dal):
Side: Height (Cottage Its Only):
Combined FrURr: Site Coverage (Cottage W M Only):
JACK M'I'LLER & ASSOCIATES, A.I.A.
J M ARCHITECTURE/PLANNING
P.O. BOX 4285
ASPEN, CO. 81612
303 - 925 -6930
May 8, 1995
Kim Johnson, Planner
Aspen /Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: The Standards for Review of Conditional Use
Have been Met as Follows:
Dear Kim:
The Applicant, Ingo Lang, proposes to remove an existing
two - bedroom older residence and provide a new accessory dwelling
unit attached to a new residence to be built at 1103 Waters in
Aspen, Colorado which meets the intent of the Standard for Review
of Conditional Use as follows:
Review Standard A:
The proposed project meets the intent of the Comprehensive
Plan and the R -15 zoning district requirements. It is a
residence with an accessory dwelling unit integrally attached.
The Project will be in character and will compliment the existing
residential neighborhood.
Review Standard B:
The residence and the accessory dwelling unit are compatible
with the residential character of the surrounding neighborhood
and will not impact a future development of surrounding
properties. There are many similar two -story residences of
similar size and character adjacent and in the vicinity.
Review Standard C:
The proposed project reflects the overall character of the
surrounding residential area. The residence and the accessory
dwelling unit will be below height limits. They are attractive
buildings constructed with materials compatible with the area.
The structure is sited with as much front yard as possible
with existing trees partially screening the site.
Review Standard D:
Kim Johnson, Planner
Aspen /Pitkin Community Development Department
May 8, 1995
Page 2
The water, sewer and all utilities are in place on the
existing residence. Dry wells will be provided to facilitate the
storm runoff and disposal of water in excess of the historic
drainage rate. .
Review Standard E:
Plans call for a 336 square foot studio accessory dwelling
unit with full bath and efficiency kitchen. The unit is oriented
to a pleasant rear yard patio area. Additional accessory
dwelling unit storage will be provided in the basement.
Review Standard F:
The proposed project is low to medium density and meets the
intent of the Aspen Area Comprehensive Plan. Kim Johnson has
reviewed with me, the requirements of Code Ordinance 1 and 60,
and the Applicant will fulfill the requirements of the Aspen and
Pitkin County Community Development Department. The Applicant is
committed to providing restrictions as required by the Housing
Authority.
R. pectfully submitted,
11§ ' Miller
k Miller & Associates on
•ehalf of Ingo Lang
JM /sm
MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, Engineering Department
Date: June 15, 1995
Re: Lang Conditional Use Review for an Accessory Dwelling Unit (ADU)
(1103Waters Avenue; Lot 3, Calderwood Subdivision)
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Site Drainage - One of the considerations of a development application for conditional use is
that there are adequate public facilities to service the use. One public facility that is inadequate is
the City street storm drainage system. The new development plan must provide for no more than
historic flows to leave the site. Any increase to historic storm run -off must be maintained on site.
This is satisfactorily discussed in the application.
2. Sidewalk Area - The final development plan should indicate a five foot wide pedestrian usable
space, a sidewalk "area."
3. Driveway - The site plan must be revised to reflect the requirements of Section 19 -101 of the
City Code which provides for a 10 foot wide driveway for lots with less than 60 feet of frontage.
The indicated ADU parking space cannot function as shown. without an even wider driveway than
is shown. Maximum permitted grade is 12 %.
4. Encroachments - The application packet lacked an improvement survey. The site visit did not
reveal any encroachments.
5. Parking - At the time of the site visit, there were four cars parked on the property and two on
the street in front of the property. The application provided parking spaces meeting code standards,
however there appeared to be more parking in actual use. The site plan does not meet City Code
for driveway widths. It would appear that more subgrade living space must be provided in order to
provide sufficient at -grade parking with a driveway that meets City Code.
1
SUM 20 '95 09:02AM AE USING OFC P.3
EXHIBIT A
1122I43RANDI M
TO: Leslie Lamont/Mary Lackner, Community Development Dept.
FROM: Cindy Christensen, Housing Office
DATE: June 20, 1995
RE: Lang' Conditional Use Review for an Accessory Dwelling
Unit
Parcel ID )To. 2737- 182 -66 -004
The Housing Office recommends approval for the requested accessory
dwelling unit with the recommended conditions as stated below:
Accessory dweling units shall contain not lass than three hundred (300) square feet of alowable
floor area and not more than seven hundred (700) square feet of aBowebk floor eree. The unt shall
be deed restricted, meeting the housing authority's guidelines for resident occupied units and shah
be limited to rental periods of not less than sloe (6) months in duration. Owners of the pancipal
residence shall have the right to place a qualfied employee or employees of his or har choosing in
the accessory dwelling unit.
The applicant states that the proposed accessory dwelling unit is
to consist of approximately 336 square feet of living area, and is
to be located within the single family residence.
The kitchen must also be built to the following specifications:
Kitchen - For Accessory Dwelling Units and Caretaker Dwalfsg Units, a minimum of a two - burner
stove with oven, standard oink, and a u -a:bla foot refrigerator plus freezer.
Before the applicant can receive building permit approval, the
applicant must provide to the Housing Office the net liveable
calculation of the accessory dwelling unit as defined by the
Housing Office, and a signed and recorded Deed Restriction, which
can be obtained from the Housing Office. The Housing Office must
have the recorded book and page number prior to building permit
approval.
•
(word \ referral \lang.adu
•
-'� ASPEN /PITKJN
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090 FAX# (303) 920 -5439
May 17, 1995
Jack Miller
Box 4285
Aspen, CO 81612
Re: Lang Conditional Use Review for an Accessory Dwelling Unit
Case A62 -95
Dear Jack,
We have rescheduled this application for review by the Aspen Planning and Zoning Commission
at a Public Hearing to be held on Tuesday, July 11, 1995 at a meeting to begin at 4:30 p.m.
Please note that it is your responsibility to mail notice to property owners within 300' (notice
enclosed) 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 Kim Johnson the planner assigned to your case, at 920-
5100.
Sincerely,
Suzanne L. Wolff
Administrative Assistant
apz.ph
PUBLIC NOTICE
RE: LANG CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
NOTICE I8 HEREBY GIVEN that a public hearing will be held on
Tuesday, July 11, 1995 at a meeting to begin at 4:30 pm before the
Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City
Hall, 130 S. Galena, Aspen to consider an application submitted by
Ingo Lang, Aspen, CO, requesting approval of a Conditional Use
Review for an approximately 336 square foot Accessory Dwelling Unit
attached to a proposed new single family residence. The property
is located at 1103 Waters Ave.; Lot 3, Calderwood Subdivision. For
further information, contact Kim Johnson at the Aspen /Pitkin
Community Development Department, 130 S. Galena St., Aspen, CO
920 -5100.
s /Bruce Kerr, Chairman
Planning and Zoning Commission
i / z Cif /195-
ASPEN /PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090 FAX# (303) 920 -5439
May 16, 1995
Jack Miller
Box 4285
Aspen, CO 81612
Re: Lang Conditional Use Review for an Accessory Dwelling Unit
Case A62 -95
Dear Jack,
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, July 5, 1995 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 Kim Johnson the planner assigned to your case, at 920-
5100.
Sincerely,
SQL an/vZ,--
Suzane L. Wolff
Administrative Assistant
apz.ph
,
ASPEN /PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone 920 -5090 FAX 920 -5439
MEMORANDUM
TO: City Engineer
Housing Director
Zoning Officer
FROM: Kim Johnson, Planner
RE: Lang Conditional Use Review for an Accessory Dwelling Unit
Parcel ID No. 2737 - 182 -66 -004
DATE: May 16, 1995
Attached for your review and comments is an application submitted by Ingo Lang.
Please return your comments to me no later than June 15.
Thank you.
ASPEN /PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and Ingo Lang
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
1103 Waters Ave, Calderwood Lot 3
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 68 (Series of 1994) establishes a fee structure for Planning applications and
the payment of all processing fees is a condition precedent to. a determination of
application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and /or City Council to enable the Planning Commission
and /or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $
which is for _ hours of Planning staff time, and if actual recorded costs exceed
the initial deposit, APPLICANT shall pay additional monthly billings to CITY to
reimburse the CITY for the processing of the application mentioned above,
including post approval review. Such periodic payments shall be made within 30
days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN APPLICANT
By: S laus'lm
Community Development Director Date: 5/7 / q5
/
Mailing Address:
3Soo Islcv, v-1- "1
PI 1 vvt E L - 3316
2
+-
d
:a • ,li s -.1 '•
r
n y I • i "
�ett t 1; Recorded as 1D :27- ..— .s'daet.l_ J
Y.....ttgua�Q
L,- .1965.. --1- ,`+. O i'1� 47
y p } . Reeeptlon No lt6Zp§. __._ _..._PCi7 ?...E._CGhle_..— Amweer. `
•I..N _ _ . e-. n. - - - _ - _.. aw�larh Bap _
, � e �� :14'. ry THIS DEED, Made N6 : 29th day o
Atreus," the
X. la e year of our Lard one
r � ,.
t, • thousand nine ho�dred and sixty three bet
' 1r� '% BENEDICT HAND AND CATTLE COMPANY
,
xe • corporation doll erRanlsed and .dstlag miler sod by virtue of the law.
k , . F of the stay. of Colorado of the tint part, and ,«
. s , ; k: . `
A..' . t � `! ? HOLY C ROSS ELECTRIC ASSOCIATION, INC•, �
e° + ,} a Colorado Corporation :
it '�'" �
C ounty of P itkin s od State of
V, " of the `;( ,',:
^l. "'F' Colorado of the recond part:
r
r w ,, R 'IT': E55ETN. That the mid party of tbe tint Part. for and in eom n
idrtion o -s the sum of ' I -Il
' >< �' Ten Dollars and other valuable consideration .aozLARS. ,+'�
y te the raid party of the first part In hand mild by the ..id party of the second part. the receipt whereof Is hereby d •
confessed and arkrnair',ced. hah granted, bargained. cold and ronreyed, sni by these presents cloth grant. hernia. I , I „ { ',
' :t s crony and etnfim unto the so,d nert y of the eeenod pan, heirs. .ad onRn+ forever. , ^.
f dry :, :s i kxt,tw tl1 ttleg0 0th, d} rxX XMlUpndx XxXkllIgkLX tinehmm�RDmnmK7m�KXxxxxxxxxX7IXx
,. an eas ement and right '1;
, s of -way for the construction, reconstruction, g '
onstruction, operation, maintenance .:'!
and repair of an underground electrical distribution system, over, •
i r 4 : under, along and acress all those portions of all lots in the Calde - �
' at ' wood Subdivision in Pitkin County, Colorado, (which subdivision is , f("y •
.' X1'.;'1 + . described in full upon the Plat recorded as Doc.No.112674 in Ditch i •"
tat,
�. '.:t Book 2A at Page 264 of the records in the c of the Clerk and `r-:
- Recorder of Pitkin County, Colorado), and which easements are fully j ?.,"
'a '.e =. { described in Doc. No.114704 in Ditch Book 2A at Page 283 of the '{
• ••t'• •rm records for Pitkin County this being a Plat entitled "Underground ;1 dry;•
o ,
a� :'r; Power Distribution System, Calderwood Subdivision "
y i-1/4's
. .y First party st that no structural improvments'will be '
N m placed upon the land covered by this casement and right-of-way. In ' •
+ - - : t he event that second party l i st urbs the surface of the ground -¢
'" kY;"`•1' TOGETHER with • l and efneuler the here Cements and sopurmnances thereunto belonging. or In mewl.. '
t . ' 14 i and the n . resi cr reve••io•• remainderr rrrte i.r.e[ and profits thereof: and all the estate,
1 ,. n t e, i nee t claim and d me "d i the said party of the n o e s Dart. either In law or equity, of. is
a j, •1 stye and to `.e eMe bargained Premises with thhe e hereE:aeno and rep. urtennoret I! '.I
TO HAVE AND TO HOLD the said premixes above bargained and described, with the appurtenances unto the
Yr : ?.r • r any c! the arcovd Ps ri. its successors CCSeOra> and assign+ forever. And the said
;ie.
+ :
BEN EDICT LAND AND CATTLE C p atty of the first pan. for Itself,
.d i . 4j ard i success ^r•, dath crveran• grunt bargain. and mere to and with the said port Y of the second part, r, ,� ...
R
-if'
U• wit tr.d onion[ that n! the time as the rnse"IisR and delivery n: Chic presents It is well ., . nrg 'R I . • L , S DA ID'Eustrilave e c r to e• of a goof sure. perfect. t +:elute and indefeasible estate of le cr,tance in i , y f _
'�kl + • �` la n ire mtk and bath good r.ght full power and lawful .uthern y In grant, bargain. sell and ennven the wma
1 in stunner pod torn aforesaid. aid that tbe same are fro and eiear (rem ail former and other gnnu. bargains. salts, I i 'IC
Y % _ bens. tones. assessments and meumbranees of whatever kind or nature .Dever:
. l
l_a
I
44 '• { an nt the shove bargained Premises in the quiet and peaceable possession of the said-girl i . _ • , of the second part. P
its succeS 9GT6.nd assigns. against all and even ninon os persons bQullyt)m - m Inv- or b claim the whole
i ern -r PnPR'''. tenor!. •' ^ rte' cars of the first part shall and will W ARRAN7 AND FORESEE DEPEND. -
IS WITNESS HHERPOf. The raid party of the fire, part hall: eemeC7Y colt nntlr- nametobe hereunto rvh- {.i
, -.
lent-, a by 1: Pr. d e i l in corporate seal to be hereunto aff+tpd.Attested by he • •eetn y. We day and,resrffn above-written. -written. . ' ' -
p Attest , . ,. ,:.,, t BENEDICT LAt]b AND CAT LE CC44PANY. ' , eta'. •
. ,- .- : r- se _ / ter.,,
r
By . • t.. 1 ...._
k 1 r f '14
a s
f rT t E Oi• COLORADO.
! .rX;.; hilt-line poau .' Pitkin ta t
J st Ter bnt rai t war .r :nowiedged before nt this ?9� dal o f i Ue4's = t
4 t�' ',. Ip :`. F+ • Fted4ic A. Benedict •+ President and U •
'1' John. E. Doremus,rt es Secretary of
o ' ! }' B land and Cattje Company • ° 1 T ontdot li .-
f i t f4't My notaria •
commission erpirn l ;.l V 3 196E s' ...
- . Wimen my band sod *Hided reel. 7
- l's
r. - ___ -T— was TAMS. _- -
(V, 17.4; + . N., Irl: '•`r• rrrp r.m- ...._ -,. .l.aa forte :e...,,r..,, :r• e St.... D...,• : 1
x i . r . • t ,k .. Mat h dl (, r + f. - q ` me r7. s
''' .k - ;s ' [ r te y I a p h ` h a id t i. S ' '' 11,1: Y { a' 117,4 1 re - 1 R e 1 11 t 410,1't c . L . r
Y M " £Y i r s � `as I [ y r 1 . �� t i t r {,n �
r + t �.. sl Y r r .. if-, - / � •) t q' t' ' , w ,e g �'.r.S {'IY�. *t � r ¢'' t .4 1: •
F@°4 ••4 4 t •:, ..e •I' .. �' '�a '1tr t k Sdar*F' .0 I JFNN e Yw �'t2 n r .t , � ,f , • }. s .
• , 4 - : r } M � d ' '• :rrJ -a. Y 't k t i + " !' l� 1 1 1 1 7 'F . ' /71ik - i } y ' VIy'1,. lc,
.y „ r l i e ° ! �i ,ti, 1 - i( aa 1 1. .g7z l l yy f�ri !1, 1 ' 4.
it
l� lit la* I.. .1 `6t -4 � V ,041 . X 1 4 4.4 . r; N -I 41-.--PL 4 :,4 al • '<<, 84 94 • I'+], ' 4 I t
s,.
I- . I • t
e::'ZU,3 • s.t4 dO , .j411 44, ++
1 in exercising its rights hereunder, second party shall thereafter re- f- N
• y 4 ;fi storethe level of the ground so disturbed to the level that existed 4; . r �y k
W
• prior to such disturbance, but shall not be required to otherwise 1 t ''
4 restore the surface or any trees or other things growing thereon. 4 °a ti
t
Y.
+ Firs: party reserves the right to grant an easement and right -Of -way
*'.�.; +;, for t lephone purposes within the area covered hereby. 4 `I c
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x 71 h
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05/05/95 15:38 9709201722
05/65/1995 16:25 97097 '7'k� ALTERNATI'VE"RTORS PAGE 02
a
APPLICANT: INGO LAC
AGGRESS: 3500 Island Blvd, Pths #1, Miami, FL 3316C
ZONEOISTRICT: 1103 Waters, Calderwood Lot 3
LOT SIM (SQUARE Fan: R15 7409 S.F.
EXISTING FAR:
1792 S.F.
ALLOWABLE FAR: 3634 S. F. + 500 S. F. GAR + ADU
PRCPCSEDFAR: 3634 S.F. + 500 +336 S.F. : 2 ADU = 3802 S.F.
EXISTING NET LEASABLE (carmen q: n / a
PROPOSED NE LEASABLE (commensal): n/ a
EXISTING %OF SITE COVERAGE: 12%
PRCPCSED % CF,STTE COVEIAGE• n / a
A $ftC covm+xot.
EXISTING %CFCPE 4 SPACE'tCOmmertatl: n / a
PROPOSED%CFOPEN SPACE (CCnnfer): n/ a
EOSTING MAXIMUM NEGRI: Prirend Rlrfn 23 ' — 25 ' I Array Re
PRCPOSr"C. MAXIMUM HEIGHT:
PRCPCSe % DE3ACLRICN: 100%
EXISTING NUMBER OF BEDRCOMS: 3
PROPOSED NUMEEA CF BEDROOMS: 3 _
EXISTING ON -SITE PARKING SPACES: 4
ON-SITE PARKING SPACES REQUIRED: 4
SJTRACXS;
EXISTING: ALLOWABLE: PROPOSED: ,
Front 40 Front 25 Front 25
Rear. 2 Rear. 10 ' Rear. fir_
Side: 10 Site: _ 10 ' Side:
Combined FrontnAaar. Combined FrvRr: Combined Front/Rear.
EXISTING NCNCONFCRMRIESI
ENCROACHMENTS: —
VARIATIONS RFOI tFSTFO feligjhlP !fir I !remarks Only: charafter camoanblity ¶ndtrp moat he made by wPC1:
FAR: Minima Distance Between Ea'Idngs
SETBACKS: Front: Parking Spans:
Rear: Open Spy (Commadal):
: Height (College Ian Oniy):
Combined FrtJRr: Site Coverage (Cottage INN Only):
May 8, 1995
The City of Aspen
Building Department
130 S. Galena Street
Aspen, CO 81611
RE: 1103 Waters Avenue, Calderwood Lot 3, Aspen, CO 81611
Dear Sir or Madame: -
Waters Avenue is a street of mixed types of housing from single family, apartments,
condominiums, and motel type residences. There is clearly a mix of building sizes, forms, and
types. Building materials are varied. Stucco, brick, and wood are common materials used.
With respect to the homes on the cul -de -sac, several have been recently renovated with two story
additions. The house directly east of my lot is a two story new construction cedar shingle
exterior style home. The two story existing structure we intend to remove from the premises
is very poorly build with concrete block, stucco, and timber frame.
I am proposing a log home which has been designed to fit appropriately into the neighborhood.
The size is similar in scale to the adjacent houses and the street elevation will be essentially
unchanged. Porches and balconies, part of our design will have a pedestrian "friendly" affect.
This cul -de -sac area possesses the benefit of a thick screen of scrub oak between all surrounding
houses and the street. Also the setback from the street to the home creates a private entry and
intimate scale. Our design using log and stone will create a very rustic home and although it
will be of new construction it will look as though it has been there for years.
I travel frequently so please feel free to contact my local representative if you require any
additional information: Lisa Blake at 925 -5600, or my attorney in Miami, Adam Schiffman
Esquire, at (305) 682 -1328.
I look forward to visiting Aspen much more frequently.
Respectfully submitted,
i' 4
Ingo Lang
IN \LB:drm
APR 27 '95 09:25RM PTTKIN COUNTY TITLE / �� , _ `n +� .29C P
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05/04/95 15:53 9709201722
05/04/1995 16:40 9709:. . ALTERNATIVEI jRS PAGE 01
?s. ti''l44t:SP `K W4'?I r ...::�..,, r F _., : •
• �• ,... .,. ` ``
S 0333386 06 /O7//1 15;81 Rec 13.60 DK 648 PS %
Silvia Davin, Pitkin Cnty Clerk, Doc $43.:10
O GENERAL WARRANTY DEED
IQ id
go.
r" Maurice c. Thuillier and Anne K. Thuillier, whose address is •
0 W Ce 1103 Watorn Avenue, Aspen, Pitkin County, colorado, for Ten Dollard
.,a and other. good and valuable consideration, the receip - ,c
H r . su ofwhi.ch is hereby acknowledged, hereby bargains, sells
U e +� and convey. to Ted A. Koutsoubos, whose address is 419 East Hyman,
Gas Aspen, Pitkin County, Colorado, the following real property in
Pitkin County Colorado, to wit:
Lot 3, Calderwood Subdivision, according to the plat recorded , -
in Plat Hook 2A at Page 285
also known by street and number as 1103 Waters Avenue:
(r codetner with all its appurtenances and warrants the title to the
name, subject to reservations for ditches and canals contained in
0.5. patents in nook 175 at Page 299 and in Book 185 at Page 69: 1
Ul underground power ensemcnts shown on map in plat book
at Page P ag;
: i5; easements in deed recorded in Book
restrictions for. caldorwood Subdivision in nook 198 at Page 436 and ;
1
Bock 200 at Page 263: reservation in deed in Book 201 at Page 239:
7 � all or the Pitkin County records.
day of J une, 1991. •o
Signed t his
U
l,I Matlrlco E. TI•.uil.licr 1
o
_ 711/tOl Ott m
FO A nne K. Thuillier
:2 aa l e
s STATE 0r• COLORADO ) a
a - COUNTY or PITKIN ) n c
n
w � :4
the forogoinu instrument was acknowledged before me this
a v to day of Juno, 1991 by Maurice E. 'Thuillier and Anne K. rz r
'1huillior. i 61
My commissior. expires --
Witness my hand and official seal. ry I . • of du d. •
•
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04/28:95 12:35 - 3056820063
APR 26 -94 14 +03 FROM. A SCMIFFMAN PA P.A. ID: 120063 PACE O
g(HIBIT "A"
May 1, 1995
The City of Aspen
Building Department
130 South Galena Street
Aspen, Colorado 81611 CALDERWOOD LOT3
RE: 1103 Waters Avenue, Aspen, Colorado 81611 /Applications for F.A.R.
b �u Conditional Use Review and for Building Permit
Dear Sir or Madam:
The undersigned owner of the above - referenced property hereby authorizes Ingo
Lang and /or his attorney, Adam R. Schiffman, Esquire, to execute any and all
documents, and to take any and all actions, on my behalf, necessary (i) to obtain
F.A.R. and Conditional Use Review approvals, and (11) to obtain a building permit(s),
for the rernoval of existing Improvements and the construction of new improvements
to be constructed by Ingo Lang, and /or his assigns on the above - referenced property.
Very truly yours,
a //-
TED KO •OUBOUS
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF CONDITIONAL USE FOR AN ATTACHED
' ACCESSORY DWELLING UNIT AT THE LANG RESIDENCE, LOCATED AT 1103
WATERS, LOT 3, CALDERWOOD SUBDIVISION, CITY OF ASPEN
Resolution No. 95- Z, r
WHEREAS, pursuant to Section 5 -510 of the Aspen Land Use
Regulations 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 Planning Office received an application from
Mr. Ingo Lange for Conditional Use review for an attached, 336
s,Y, above grade studio accessory dwelling unit at the proposed
residence; and
WHEREAS, the proposed unit is 100% above grade, therefore
the site is eligible for an FAR bonus pursuant to the definition
of Floor Area "Accessory Dwelling Unit ", Section 3 -101 of the Aspen
Lend Use Code; and
WHEREAS, the Housing Office and the Planning Office reviewed
the proposal and recommended approval with conditions; and
WHEREAS, during a public hearing at a regular meeting on July
11, 1995 the Planning and Zoning Commission approved by a 6 -0 vote
the Conditional Use review for the accessory dwelling unit with
-amendments to the conditions recommended by the Planning Office.
NOW, THEREFORE BE IT RESOLVED by the Commission:
The Lang Conditional Use for a 336 s.f. attached above grade
accessory dwelling unit is approved with the following conditions:
1. Prior to the issuance of any building permits, the applicant
shall:
a. Verify the net livable square footage of the ADU;
b. Upon approval of the deed restriction by the Housing
Office, the applicant shall record the deed restriction
with the Pitkin County Clerk and Recorder's Office with
proof of recordation to the Planning Department. The
deed restriction shall state that the accessory 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;
c. Kitchen plans shall be verified by the Housing Office to
ensure compliance with specifications for kitchens in
,, ADUS ;
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d. the rood plan shall be altered to protect the walkway to
the ADU.
2. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of
constructing improvements in the public right -of -way.
3. The ADU shall be clearly identified as a separate
dwelling unit on building permit plans and shall comply
wLth U.B.C. Chapter 35 sound attenuation requirements.
4. Prior to issuance of a certificate of occupancy the
Planning Department shall inspect the unit to determine
compliance with the conditions of approval.
5. Prior to the issuance of any building permits, the
applicant shall:
a. provide a drainage plan to confirm that historic
run -off shall be maintained on -site;
b. the applicant shall review the driveway and parking
revisions with the engineering department to confirm
adequate and appropriate driveway widths for the
cul -de -sac;
6. All new surface utility needs and pedestals shall be
installed on site.
7. The applicant shall consult city engineering for design
considerations for development within the public right -
of -way, parks department foe vegetation species, and
shall obtain permits for any work or development,
_including landscaping, within public rights -of -way from
city streets department.
8. The ADU is approved with no FAR bonus.
9. 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.
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APPROVED by the Commission at its regular meeting on July 11, 1995.
Attest: Planning and zoning Commission:
Sharon Carrillo '
oReRGA ,ChAt krnc,
I - 2 2-2G5
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