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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 C D &Jr_ , """ Cr e.I . exThiek54 8 re:4 - -FAR benue off- - .. . . . , _ .._.. ' - • _ . li ■ , ': e - . 1 0 . • • ' • '.' • - • ? - - ,• '' ■., "' 1 ... '''.. • .+04, .. i •• , I - , . ...... . . . rii, . '. : • -; .f=, .., •,‘..„ • :• •.;;- ,. , tj 4kti •• " 1—, I t' •Ai --, , i etvl. • ' • - i t ' •• , It • '4 ' `7 , rs..-N)-„,. # .1, • ....: /4 ' ' • i ' \ . • ` . ' ' - . . 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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 '•••... -..d \ 4 I 34 0 sa o asi0 % ' ci V `C.. 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 ItY . L. '. • , t .r' y x 71 h r •5 y is k , :. 414' r " 4y:. '. ly I, lq ( 1', l j'' . / '. y . it w.• 1:, 1 4 I 1 Z p{Y). 1 `./ - , 11 ;b. - . . _! j E = p $ � 1 �; II s J b a i F % t om., o u c th II� • r • i 1i 2 t W .14. a ' fit, +t 4 ++ 1 ' a a y 'ill ' r, ' 3+ • pi 1, n R , •G ft f YtftVtnri k•"u t J Sit :w� le; f ' L , * .^ h4 ♦ 4 1 1 T:td 4 da l: 0 11 1 Sir 1. •1- 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 - 1. (tSknC to 1 \ S 7 A . 4.,•• „ �. •4 1. •' • CC.EE • • Pali ' ' (Lot Come /) N T . • i \4 . • • 9 � , ,' ''� tt I '\ r% , \ • I ' : 1 I IPt 1 \ Id LIMN \ 4 - I ` Ea - 2a Eolsmen us-12) ( �❑ t .ins -MI ' f 1 . TE9'90 S • 1. 104' T Ni &le dw,; 7..-1,11---- ;: i ..-'-A . s'w ,\ / , i 110= i Post i 1 1 .�4.. _-. 10 Utility 0' , �. EasemeNe811 99=4. , +-- ....e� 1 , t +`., ` ..-,� a i ,P 09t ; 95' = 8 1 ._.L'I. e ts i, \ ti 1 1 ./ , ' kiss - ce) `1 \,, \i i Pol /1 La. el 00' E.441ut t ` \ \ i. Ind Power is � , 1 n Pest, ./\ 6ie• • us- 4 01.,.. ,.4r \ - fronsformers 1 5. ow.' 1 `,..r ir. , �Idunhly '... ..' dto 10 wide i t 1 1� / Easement 1 � ' I •°\,� i ' \ 4U -.il. i rod ore on r, 6'�3' ��•34 47'C. , 4000 •40•004. U478 fr,TEC. 5ord P0Zt,+, S -(3) i 's.... ` �j r 1 E. 4.^.' ^ ,\ at :nit, , .g . O 4, • er 9 i' i • 4 ' , t .0 \fir ' ^` 1 i \\ N fi 1 °r� o J I ,;, � � n ib . s_m16 \y.4ga: ° � / ..NJ / ..N21:•13, r ,`. 7 i r' I 7, wilts / I \ 4 Units j / r \\ 1 8 ��/ -,. Q w • (.7......„....... Z 5 + $ . (2 1 °1) A . o t, 1 .� N r ISlrns o N ks \ ti '.'S Ob8 ` 01 �� 'd'S 009` b1 or tt ro q 9 2. z 0 -5 "a A a f \ S� v\ f ., °s :s . Z J 9 e 2 • .4 9 • d' S 1 10'8 ` 6 J 9 t U� 6 91 : . ur 6 .n 0 .r -ri •14? - 01 �;,�5 / ti � c ' u / s. 1 5 \ .:.ti Y S 638' G e i e - . s 10 01 / \ o .\ " �� I I / r \ :.E- • oz. ,,, Z ..5, j, \ R ,... .., ......____ \ 1 o i :: \ I:), 1, p , ‘ • 'A'S 940`L 'A'S6 '3'S BLI'ZI s tls'e '� 2 ` E t7 U) o ' , 'IN V H R . Cl . S 000 `6 `^ N ,r I \ . ' „ LS- A N : c illok P/ / J \ ; • d I; Ot o ciCe - 4 c't , - ' -------_ A,w li 7, \ .6 i • I> ---....., o ` .w _ F2," _d / � /a 20• 4 9 y ,N 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. • • Notary Publi 0 ! i 3 - m . , , r • th a i. f l i e r , ;; , t 1 tkl p / �;N• .... S Lei sot Amen c � ob 1Id0 t 3 914 -0 I` 4 ' ,AI I 4 • V a O f •o L� d m Q cO fp V P Ib — ac p0 " 'JG \ k! at v... �. _ w 00 uhf � I < L w U0 r ► v x - --. I..-- I I Y 0 • c o . o: ,'20 6 , ,o �; Ifir A • L., .1 \( 1 ! , 4 43 NOP — I. to 1 , il i , .,-. _ - L -- , I !ILL 1 ■y N+ ' r i o its ,PA ITI • I '` " z I � _ II! 0 II , ; 1 ': ��Ri - -. . / I I' W I.. a i 1 I I III i 1 1 1 0 o 9 � I iI' FIT ,,,,_-1- 9 . l ip r W • W o , ) 2„,,,, , 1 ll ,.... , 1 -:::,_.".„:„..?,..i 0 d. a i l; ,..4 JJ) /i I I r. . -t N di I ` ' 1 A J ' 1 ®_ 1 )1 it1 ' � CO • \ � � W w.. Win ' F— o ‘13%. e J c ". 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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 ; 1 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. W / 2 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 3