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2735-124-09-014 A61-97
Aspen GK LLC Conditional Use for ADU
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PROJ ADDR: TYP: Conditional Use for ADU
CLOSED: 10/03/97
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PARCEL ID: 2735-124-09-014 DATE RCVD: 08/07/97 #COPIES: 10 CASE NO A061-97
CASE NAME Aspen GK LLC Conditional Use for ADU PLNRt Mitch Haas
PROJ ADDR: 627 W. Smuggler CASE TYPI Conditional Use for ADU
OWN/APP: Aspen GK LLC ADR 191 Waukeegan Rd C/S/Z: Northfield, IL 6009 Pt"
REP: Charlie Kaplan, Peter L. Glu ADR: 19 Union Square Wes C/S/Z: New York, NY 100 x P'^ (212) 2� 6 1
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FEES DUE: 245+110+70=425�FEES RCVD 245+110+70=425 STAT:
REFER REFJ� B RUE
MTG DATE :� �;:_ REV BODY PH NOTICED'-
DATE OF FINAL ACTION:
BOCCICC:
)LOSER: BY:
2=, a-. HRG OFF
PLAT SUBMITD: JEOLAT (BK,PG): ADMIN
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT ON LOT TWO OF THE OXLEY LOT SPLIT,
WEST SMUGGLER STREET, CITY OF ASPEN
Resolution 97-=
WHEREAS, The Community Development Department received an application from
Mr. Charlie M. Kaplan of Peter Gluck and Partners, on behalf of the Aspen GK L.L.C., owners,
for a Conditional Use Review of a below -grade Accessory Dwelling Unit having approximately
four hundred forty one (441) square feet; 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, and Community Development
Department reviewed the proposal and recommended approval with conditions; and
WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting
of the Planning and Zoning Commission on September 16, 1997, at which the Commission
approved by a 7-0 vote the Conditional Use for the Aspen GK L.L.C. Residence's Accessory
Dwelling Unit with the conditions recommended by the Community Development Department
as amended.
NOW, THEREFORE BE IT RESOLVED by the Commission:
The Conditional Use for a below -grade Accessory Dwelling Unit containing approximately 441
square feet attached to the proposed Aspen GK L.L.C. residence on Lot Two of the Oxley Lot
Split is 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;
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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 maybe 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, as
well as lot size and lot area calculations;
j. 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;
k. In the event required, a tree removal permit must be obtained from the Parks Department
for any tree(s) that is/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);
1. A tap permit must be completed at the office of the Aspen Consolidated Sanitation
District; payment of the total connection charges shall be made prior to the issuance of a
building permit;
in. If the building is found to contain 5,000 square feet or more of living area, approval and
installation of an automatic fire suppression system will be required;
n. Verify that the proposed plans for the ADU will comply with UBC requirements for
natural light and sound attenuation between units;
Submit building permit drawings which indicate all utility meter locations; utility meter
locations must be accessible for reading and may not be obstructed by trash storage. The
building permit drawings will have to show the fences that encroach into the alley and
Smuggler Street rights -of -way and indicate that they will be either relocated onto private
property or be removed, or be licensed. The plans must also indicate a five (5) foot wide
pedestrian usable space with a five (5) foot wide buffer for snow storage; and,
p. Submit a "Site Improvement Survey" including topography and vegetation showing the
current status of the parcel certified (wet signed and stamped, dated within the past
twelve (12) months) by a registered land surveyor, licensed in the State of Colorado.
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;
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409585 10 / 17 / 1997 03
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b. Permit Community Development Department, Engineering and Housing Office staff to
inspect the property to determine compliance with the conditions of approval; and,
c. The applicant must sign a curb and gutter construction agreement, and pay recording
fees (this requirement was a condition of the Oxley Lot Split approval).
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 minor changes from
the approvals, as set forth herein, shall be made by the Planning and Engineering
Departments, or referred back to the Planning and Zoning Commission.
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; sufficient means of preventing icing of the stairway, such as installation of metal
grated steps with air space below, is also required.
6. The applicant shall provide/install a vapor barrier in the floor between the garage and the
accessory dwelling unit.
7. 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 September 16, 1997.
APPROVED AS TO FORIM:
David Hoefer, Assistant Ci Attorney
Attest:
G'
rackiekLothian,'Deputy City Clerk
Planning and Zoning Commission:
r
Sara Garton, Chairperson
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Stan Clauson, Community Development Director
Julie Ann Woods, Deputy Director___r �� �__'.
FROM: Mitch Haas, City Planner
RE: Aspen GK LLC Conditional Use for an Accessory Dwelling Unit (ADU) -
Public Hearing. Unaddressed Lot on W. Smuggler Street (Lot 2, Oxley Lot
Split) City of Aspen Parcel I.D. No. 2735-124-09-014.
DATE: September 16, 1997
SUMMARY: The applicant is requesting Conditional Use approval to construct an
Accessory Dwelling Unit (ADU). The applicant owns a vacant, unaddressed lot immediately
west of 627 W. Smuggler Street and will be constructing a single family residence. The
proposed ADU would be below grade and attached to the corresponding, primary residence.
Pursuant to the conditions of approval outlined in Ordinance 57, 1993 (approval of the Oxley
Lot Split), the applicant will provide an ADU and, thereby, obtain a GMQS Exemption
enabling the property owner to construct a new single-family home pursuant to City Land
Use Regulations.
The applicant is NOT seeking an FAR bonus, but understands that the unit shall be deed
restricted, meeting the housing authority's guidelines for resident occupied units. As an FAR
bonus is not being sought, the housing office shall not have the right to fill the unit if it is left
unoccupied for extended periods.
The applicant went before the Design Review Appeal Committee (DRAG) on August 21,
1997. The DRAC approved a variance from the "Inflection" standard (Section 26.58.040(E),
Residential Design Standards), finding that the proposed design more effectively addresses
the issue or problem that the "Inflection" standard responds to. The approval for the
variance is on file with the City Clerk as DRAC Resolution Number 8, Series of 1997.
The applicant's Conditional Use Application is attached as Exhibit "A" and referral
comments are included as Exhibit "B."
Community Development Department staff recommends that the Conditional Use
application for an Accessory Dwelling Unit (ADU) on Lot 2 of the Oxley Lot Split be
approved with conditions.
APPLICANT: Aspen GK LLC (Charlie M. Kaplan of Peter Gluck & Partners).
LOCATION: Lot 2 (two) of the Oxley Lot Split is located immediately west of 627 W.
Smuggler Street in the City of Aspen. The lot is bounded by W. Smuggler Street to the
north, W. Francis Street to the south (beyond the alley), 5th Street to the east, and 6th Street
to the west. (See attached vicinity map). The surrounding uses are all residential in nature.
ZONING: Medium -Density Residential (R-6)
CURRENT LAND USE: Vacant lot.
LOT SIZE: The subject site has a lot size of 6,000 square feet (the area of this lot may be
subject to reductions such as those associated with slopes of 20% or greater).
ALLOWABLE FAR: 3,240 square feet. (This FAR calculation is an estimate only, and is
based on a 6,000 square foot lot containing no slopes greater than 20%, no right-of-way
easements, no vacated rights -of -way, or any other encumbrances which might subtract from
the lot area; also, it does not take into account sub -grade areas, garage area calculations, or
any potential for FAR bonuses).
PROPOSED LAND USE: One detached single-family residence with an attached
accessory dwelling unit in the basement. Detached residential dwellings are permitted uses
on lots of 6,000 square feet or greater in the R-6 zone.
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 this conditional use review: Section
26.40.090, Accessory Dwelling Units; Section 26.28.040, Medium -Density Residential (R-
6); Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section
26.58.040, Residential Design Standards.
Pursuant to Section 26.58.040, Residential Design Standards, Community Development
Department staff reviewed this proposal against the Residential Design Standards and found
that the submitted development application, as proposed, required a variance from the
"inflection" standard (26.58.040(E)). The needed variance was granted by the DRAC in
Resolution No. 8, Series of 1997.
BACKGROUND: The lot in question was created in 1993 with City Council's passing of
Ordinance 57, Series of 1993. This Ordinance granted a subdivision exemption for a lot split
(See Exhibit "C"). The proposed development of the lot in question (Lot Two of the Oxley
Lot Split) is consistent with and complies with the conditions of approval outlined in
Ordinance No. 57, Series of 1993.
The current proposal is for conditional use approval of an ADU. The ADU would be located
in the basement of the primary residence. As proposed, the ADU would be 441 square feet
and would have its own kitchen, bathroom, and access, as required by code. The one -car
garage, its associated driveway, and two (2) additional parking pads accessed from the alley,
will provide the three (3) required off-street parking spaces (See Exhibit "A"). Pursuant to
the conditions of approval outlined in Ordinance No. 57, Series of 1993, by creating an ADU
meeting the provisions of the code, the applicant would be granted a GMQS Exemption for
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the construction of a new single-family home on the lot, provided the home complies with
the City Land Use Regulations.
REFERRAL COMMENTS: The comments from the Aspen Consolidated Sanitation
District, Engineering, Housing, and Zoning are included as Exhibit B.
STAFF COMMENTS:
Section 26.40.090, Accessory Dwelling Units
The proposed ADU will contain 441 square feet (See Exhibit "A") and will be deed
restricted, meeting the housing authority's guidelines for resident occupied units, limited to
rental periods of not less than six (6) months in duration. The owners of the principal
residence will retain the right to place a qualified employee(s) of his/her choosing in the
ADU. One (1) off-street parking space will be provided on -site, and will be accessed from
the alley. Therefore, the proposal complies with the requirements of Section
26.40.090(A)(1).
Pursuant to Section 26.40.090(A)(2), the ADU is subject to all of the dimensional
requirements of the underlying zone district, Medium -Density Residential (R-6), because it
will be attached to the principal residence. An evaluation of the proposal against these
requirements is provided below. Also, since the ADU will be attached to the primary
residence, Section 26.490.090(A)(3) is not applicable. Section 26.40.090(A)(4) states that
"an attached accessory dwelling unit shall utilize alley access to the extent practical. " The
proposed ADU and its off-street parking space would be accessed from the alley.
Section 26.40.090(B), Development Review Standards, contains the development review
standards for detached accessory dwelling units and, therefore, does not apply to this
application. Regardless, the proposed ADU will appear as part of the primary residence,
and it will be below grade; thus, it will be compatible with and subordinate in character to
the primary residence. This property is located in the West End neighborhood which is, for
the most part, made up of single family residences, many of which have attached or detached
accessory dwelling units associated with them. The proposed ADU will be compatible with
the character of the existing neighborhood and will not create a density pattern incompatible
with that already established in the area.
Section 26.28.040, Medium -Density Residential (R-6)
Accessory dwelling units are permitted within the R-6 zone district as conditional uses. The
lot has an area of 6,000 square feet. The required side yard setbacks call for a minimum of
five (5) feet, but both sides combined must total at least 15 feet. The minimum front and
rear yard setbacks are ten (10) feet each, but must combine for a total of at least thirty (30)
feet. The site coverage is not allowed to exceed forty (40) percent (2,400 square feet), and
the maximum roof height cannot exceed twenty-five (25) feet. The maximum allowable
floor area is 3,240 square feet, and there must be a total of three (3) off-street parking spaces
provided (two (2) for the principal residence and one (1) for the ADU). The proposed plans
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indicate that the development would meet all of the dimensional requirements of the zone
district, and this will be verified at the time of building permit application (See both Exhibit
"A" and the referral comments from the City Zoning Officer in Exhibit "B").
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.
The stated purpose of the R-6 zone district "is to provide areas for long-term residential
purposes with customary accessory uses. " ADUs are allowed as conditional uses in the R-6
zone district, and 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."
Staff finds that this conditional use application for an ADU complies with Section
26.60.040(A).
(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.
The subject parcel is surrounded by residential uses, some of which have associated
accessory dwelling units, and the proposed ADU use is both consistent and compatible with
the existing residential development in the immediate vicinity.
(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.
As mentioned earlier in this memo, the proposed ADU will be sub -grade and will appear as
part of the principal residence; thus, its location, size and design will minimize any potential
adverse visual impacts. Like all of the surrounding properties, the ADU's parking and trash
service will be accessed from the alley at the rear of the property. No noise, vibration, or
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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,
fire protection, emergency medical services, hospital and medical services, drainage
systems, and schools.
There are adequate public facilities and services to serve the proposed use. It will be within
an existing, well -established neighborhood. See 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.
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),
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 having the potential to serve 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.
The proposed conditional use 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 the request. The proposal meets or exceeds all standards applicable to the review
of Accessory Dwelling Units as conditional uses.
RECOMMENDATION: Community Development Department staff recommends that the
conditional use request for an Accessory Dwelling Unit on Lot Two of the Oxley Lot Split
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 maybe 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, as
well as lot size and lot area calculations;
j. 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;
k. In the event required, a tree removal permit must be obtained from the Parks Department
for any tree(s) that is/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);
1. A tap permit must be completed at the office of the Aspen Consolidated Sanitation
District; payment of the total connection charges shall be made prior to the issuance of a
building permit;
m. If the building is found to contain 5,000 square feet or more of living area, approval and
installation of an automatic fire suppression system will be required;
n. Verify that the proposed plans for the ADU will comply with UBC requirements for
natural light;
o. Submit building permit drawings which indicate all utility meter locations; utility meter
locations must be accessible for reading and may not be obstructed by trash storage. The
building permit drawings will have to show the fences that encroach into the alley and
Smuggler Street rights -of -way and indicate that they will be either relocated onto private
property or be removed, or be licensed. The plans must also indicate a five (5) foot wide
pedestrian usable space with a five (5) foot wide buffer for snow storage; and,
p. Submit a "Site Improvement Survey" including topography and vegetation showing the
current status of the parcel certified (wet signed and stamped, dated within the past
twelve (12) months) by a registered land surveyor, licensed in the State of Colorado.
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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;
b. Permit Community Development Department, Engineering and Housing Office staff to
inspect the property to determine compliance with the conditions of approval; and,
c. The applicant must sign a curb and gutter construction agreement, and pay recording
fees (this requirement was a condition of the Oxley Lot Split approval).
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 minor changes from
the approvals, as set forth herein, shall be made by the Planning and Engineering
Departments, or referred back to the Planning and Zoning Commission.
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; sufficient means of preventing icing of the stairway is also required.
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.
ALTERNATIVE RECOMMENDATIONS: The Planning and Zoning Commission may
decide to approve the proposal with the conditions outlined above, approve the proposal with
additional and/or modified conditions, or deny the conditional use request for an Accessory
Dwelling Unit.
RECOMMENDED MOTION: "I move to approve the conditional use request for the
proposed Accessory Dwelling Unit on Lot 2 of the Oxley Lot Split with the conditions
outlined in the Community Development Department memo dated September 16, 1997."
EXHIBITS: "A" - Conditional Use Application
"B" - Referral Comments
"C" - Ordinance 57, Series of 1993
7
RESOLUTION OF THE DESIGN REVIEW APPEAL COMMITTEE
APPROVING A VARIANCE FROM SECTION 26.58.040(E), INFLECTION,
OF THE ASPEN MUNICIPAL CODE
FOR A PROPOSED SINGLE-FAMILY HOME
LOCATED ON WEST SMUGGLER STREET (LOT TWO, OXLEY LOT SPLIT),
ASPEN, COLORADO
Resolution No.00 , Series of 1997
WHEREAS, the applicant, Aspen GK LLC, represented by Charlie M. Kaplan of
Peter Gluck and Partners, has. requested approval of a proposed design for a single-family
residence on the property located on the south side of West Smuggler Street (Lot Two,
Oxley Lot Split); and
WHEREAS, pursuant to Section 26.58.020(B) of the Aspen Municipal Code,
Community Development Department staff reviewed the applicant's application for
compliance with the Residential Design Standards of Section 26.58.040 of the Aspen
Municipal Code and found the submitted development application to be inconsistent with
the Standard 26.58.040(E), Inflection. of the Aspen Municipal Code; and
WHEREAS, Section 26.58.020(B)(1) of the Aspen Municipal Code provides
that if an application is found by staff to be inconsistent with any item of the Residential
Design Guidelines, the applicant may either amend the application or appeal staff s
findings to the Design Review Appeal Board pursuant to Chapter 26.22, Design Review
Appeal Board; and
WHEREAS, pursuant to Section 26.58.020(B)(1) of the Aspen Municipal Code,
the applicant submitted a request for a variance from Standard 26.58.040(E) of the Aspen
Municipal Code to the Design Review Appeal Board; and
WHEREAS all applications for appeal from the Residential Design Standards of
Section 26.58.040 must meet one of the following statements in order for the Design
Review Appeal Committee or other decision making administrative body to grant an
exception, namely the proposal must:
a) yield greater compliance with the goals of the Aspen Area Community Plan;
b) more effectively address the issue or problem a given standard or provision
responds to; or
c) be clearly necessary for reasons of fairness related to unusual site specific
constraints, and
WHEREAS, a public hearing, which was legally noticed, was held at a regular
meeting of the Design Review Appeal Board on August 14, 1997, at which the Board
considered the applicant's proposal and associated variance request and found that the
project, as proposed, more effectively addresses the issue or problem the given standard
responds to; and
WHEREAS, a Design Review Appeal Board motion proclaiming that a variance
from the inflection standard of Section 26.58.040(E) of the Aspen Municipal Code shall
be granted, finding that the project as proposed more effectively addresses the issue or
problem the given standard responds to was passed by a vote of 4 - 1.
NOW, THEREFORE, BE IT RESOLVED:
That the proposed design of a single-family residence on Lot Two of the Oxley Lot Split,
Aspen, Colorado, is granted a variance from the inflection standard of Section
26.58.040(E) of the Aspen Municipal Code by the Design Review Appeal Board as the
project, as proposed, was found to more effectively address the issue or problem the
given standard responds to, thereby satisfying variance criterion "b."
APPROVED BY THE COMMITTEE at its regular meeting on the 14th day of
August, 1997.
APPROVED AS TO FORM:
(::::I
A sistant City Attorney,
David Hoefer
DESIGN REVIEW APPEAL COMMITTEE
ATTEST:
eputy City Jerk,
Jackie Lothian
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- LAND USE APPUCATION
PROJECT:
Name:
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(Indicate sureet address; lot ock number, legal description where appropriate)
APPLICANT:
Name: AsEal C-. j
Address: I 9
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REPRESENTATIVE:
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Address: -� o ua� , c Y
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Phone #: 2i z ZSS'
i
TYPE OF APPLICATION: (please check all that apply):
iConditional
Use ❑ Conceptual PUD
❑
Conceptual Historic Devi
❑
Special Review ❑ Final PUD (& PUD Amendment)
Final Historic Develepmem
Design Review Appeal ❑ Conceptual SPA
❑
Minor Historic Devt.
Q
GMQS Allotment F7 Final SPA (& SPA Amendment)
❑
Historic Demolition
❑
GMQS Exemption ❑ Subdivision
❑
Historic Designation
ESA - 8040 Grcendne, Stream Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff, condominiumiration)
Expansion
Mountain View Plane
i❑
Lot Split ❑ Temporary Use
❑
Other.
Lot Line Adjustment ❑ TextlMap Amendment
I
EMT1NG CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
i
I
/
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
t" Sa. -
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on S
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Have you attached the following?
i
Pre -Application Conference Summary -L—
❑
Attachment412 Signed Fee Aireement
Response to Attachment 42, Dimensional Requirements Form
❑
Response to Attachment 93, Minimum Submission Contents
0
Response to Attachment #4, Specific Submission Contents
Response to Attachment #5, Review Standards for Your Application
1991
— OV ,..
WRITTEN RESPONSE TO ATTACHMENT
A. 627 West Smuggler, lot 2 is located within the R-6 zoning district of the township of
Aspen. An accessory dwelling unit in this area is consistent with the purpose of the
medium density zone district, which is to "provide areas for long term residential
purposes with customary accessory uses." The A.D.U. provides for much needed low
cost housing for Aspen residents within the township of Aspen.
B. The proposed A.D.U. would enhance the neighborhood by providing a mixture of
available housing. The unit is conceived as an integral part of the overall design
minimizing its effect as an "addition." The unit makes use of the alley, providing access
and entry along a direct route from alley driveway to exterior stair. Entry occurs along a
thickly planted screen on the eastern border of the site which visually separates it from
the adjacent building.
C. In our proposal the A.D.0 is located below grade within a new single family
residential construction. Our design is broken down into small figural elements much in
keeping with the scale and level of detail of the surrounding houses, some of which are
landmarked "miner's houses." Although it is a studio, the proposed unit separates the
kitchen and eating areas into clearly articulated zones that are partially enclosed. The
unit will add little noise or odor or other undesirable "pollution," to the surrounding
properties, because it is below grade and hidden from view.
D. The A.D.U. will have the same access to utilities and fire protection as the house in
which it sits. Hospital, and school services are nearby. Town is within walking distance.
E. The applicant commits to building an A.D.U. which may be used to meet the
"incremental need for increased employees" living and working in Aspen.
F. The proposed A.D.U. complies with all other known standards as they appear on the
Aspen Area Comprehensive Plan, within the zoning plan, and as specified by the
Uniform and Aspen amended building codes. The unit is self enterable from the outside
through a gracious entry court, and adjoins the rest of the house with a entry lockset door
only. The unit provides good light through two distinct openings, one a large clerestory
located in the living/sleeping area, the second at the entry through two large French doors
with large paneled lights. The Uniform Building Code mandates that 10% of the square
footage of living�a be supplied to a space in the form of glazing. As it stands, The
A.D.U. provides S.F. of living area(excluding bathroom, kitchen and closet). We
are providing about 45 S.F. of glazing(about 14%).
The kitchen is large and provides counter space, full size refrigerator, four burner
stove and oven and sink. There is a three fixture bathroom. Overall, the unit should
provide more than adequate housing for a qualified Aspen resident.
a
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Peter L. Gluck & Associates
Architects
19 Union Square West
New York, N.Y. 10003
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V1'AR ANTY DEED
This DEED, made this o7 day of MAY
1997, between JOFM C. •OXLEY
OF HE COUN:'Y OF TnSA STATE OF OK
GRAJZT0R,. AND ASPEN GK, LLC
GK;,1\": EE
whose legal address is :
191 WAM:EGAN ROAD NORTHFIELD, IL 60093
COJI,'7Y OF SATE OF IL
h_Th,ESSETH, Tnat for and in consideration of the sum of ten dollars
and other good and valuable consideration.. the receipt and sufficiency of
which is hereby acknowledged, the grantor nas cranted, barcained, sold and
conveyed, and by these presents does grant, bargain, sell and convey and
cc____rm un::c the grantee, heirs and assigns forever, all the real
pr:perty together with impr_vements, _f anv, situate and lving and being in
county of FITI:IN, State of COLDR_:.DO, described as Follows.
L. _ Z, OXLEY LOT SPLIT SUB:):- ISION, according to the Flat thereof
recorded Mav 19, =994 _n Plat Book 34 at Page _50.
TocE HzR with al_ and singular the hereditamen is and appurtenances
zher8to belonging, or in anyw-se a^verta-nIng, and the reversion and
revers-cns, remainders, rents, _SSUeS and profits there^ , and all the
G �tatG, -f_ , ..._..Ie, interest, claim and oema^.._ '': _hatSoever of the grants
Bit^er in law or eq,ty, of, _n a n.. to the above bargained premises, wi.._.
zne :^_ereditaments and appu_ tenances .
^\
TO F-W.E ;-I:D TO HOLD the said -:remises above :,aroained and described,
with the appurtenances, u.tc the grantee, his heirs and assicns forever.
And the Granzcr, for himself, ..is heirs and assicns, does covenant, cra—nt,
bargain, an.. agree ..c anc with the Grantee, his heirs and ass_^ns, at
the tins of the e _sealinc deriver-}• cf the presents, he is well seizes of
the premises above ccnveved, has coot, sure, perfect, absolute and
e estate of inheritance, ;n law, fee simple, and has good
indefeasibl+
full power and lawful to crant, bargain, sell and convex
.
`.�^ ne.s-me in manner and form as aforesaid, and that the same are free
__ear fro:- all former aid ether grants, bargains, sales, liens, ta_Yes,
assessments, encumbrances and restrictions of whatever kind or nature
soe,•er, except those matters as set forth on Exhibit "A" attached hereto
and inc,.__ rated herein 'v reference.
The gra_.ter shall an.' will WkRRAY. AND FORMER DEFEND the abc -e bargained
remise£ :.n the uiet and peacea le DOSSesrion of the grantee, his heirs
q
and assicns, against all and every person or persc-- lawfully claiming the
whole or any part thereof. The sinc•_lar number shall include the plural,
the L_ural the _insular, and the use cF gender s::a_i be aTplica'.^._e to all
ccnAs .. .
jmi 'C . 0":LF I
S :•ATE Or O klal�..orn a )
COUNTY OF -`-o to a- ) SE.
Thy foregoing instrument was acknowledged before me this js day of
1 S L:�, j by JOF?N C . 0.:: FY
1
:.ITNSSi my hand and official seal
!�' rry ,commission ems-_ ires: Notary Public
0 1 0
To whom it may concern, August 4, 1997
This letter is to verify the intent to apply for, Design review approval with the Design
Review Appeals Committee, and an accessory dwelling unit approval with the Aspen
Planning and zoning commission. Listed below are the names of the applicants and their
representatives
627 W. Smuggler- Oxley Lot Split Lot 2
Owner: Aspen GKLLC--191 Waukeegan Rd.- Northfield, Illinois 60093
Architect: Peter 1. Gluck and Partners- 19 Union Sq. West- New York, NY 10003
Owner Representatives: Peter Gluck- Charles Kaplan
0
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Post -it' Fax Note 7671
From
Phone # IPhone #
PUBLIC NOTICE
RE: ASPEN GK LLC CONDITIONAL USE FOR ACCESSORY DWELLING
UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday,
September 16, 1997 at a meeting to begin at 4:30 p.m. before the Aspen Planning and
Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to
consider an application submitted by Aspen GK LLC requesting Conditional Use
approval to construct a subgrade accessory dwelling unit within a proposed single-family
residence. The property is located on a vacant lot adjacent to 627 W. Smuggler, and is
described as Lot 2, Oxley Lot Split. For further information, contact Mitch Haas at the
Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970)
920-5095.
s/Sara Garton, Chair
Aspen Planning and Zoning Commission
City of Aspen Account
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611-1975
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: City Engineer
Zoning Officer
Housing Director
Parks Department
Aspen Fire Marshal
City Water
Aspen Consolidated Sanitation District
FROM: Mitch Haas. Planner
RE: Aspen GK LLC Conditional Use for an ADU
Parcel I.D. No. 2735-124-09-014
DATE: August 14, 1997
REFERRAL SCHEDULE
DRC MEETING DATE: August 20, 1997
ENGINEERING REFERRAL DUE TO PLANNER: August 29, 1997
OTHER REFERRALS DUE TO ENGINEER & PLANNER: August 27, 1997
Attached for your review and comments is an application submitted by Charlie Kaplan of
Peter Gluck & Partners (Architects). Please complete and return your referral comments
according to the deadlines provided above.
Thank you,
Mitch.
• •
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. August 20,
1997 at 10:30 am in the Sister Cities Room of
City Hall.
Planner: Mitch Haas Phone No. 920-5095
Applicant: Aspen GK LLC Phone No. 847-501-3960
Representative: Charlie Kaplan/Peter Gluck Phone No. (212)255-1876
Location of Property: Lot 2, Oxley Lot Split, next door to 627 W. Smuggler
Summary of Request: Conditional Use Review for an ADU
Residential Units: 1 SF: 1 MF: 0 Affordable: 0
Acreage/Square Feet: 6000 s.f. lot FAR Ratio Allowed: 300- 000 s.f.
(Zoning: Existing: R-6 Proposed: R-6
REQUESTS TO BE PROCESSED
Fax No. (970)920-5439
Fax No.
Fax No
ADU: 1
FAR Proposed:
Amendments
Growth Management Q.S.
Site Plan Review
Text
Exemption
Special Review
Map
Residential/TounstAccom.
Special. Planned Area (SPA)
Administrative Review
Officeicommercial
Subdivision Plat
Insubstantial
Historic Reviews
Lot Line Adjustment
Appeals
Exemptions
Lot Split
Chan in Use
Minor
Condominiumization
Conditional U'se
Conceptual
Timeshare
ADU
Final
Final Plat
Landmark
Temoorary Use
Environ. Sensitive Area
Landmark Lot Split
Variance
Demolition/Relocation
Significant w/SPA or PUD
Exemption
...............
View Plane Review
Planned Unit Development
Exemption
Conceptual
Hallam Lake Bluff
Final
Exemption
.
SPECIAL ISSUES:
Agency
Issues:
P�i-IOvereyn�r,b-3: AM j1S9Asp en GK LLGOncTllUse for AD
X-Sender: philo@commons.ci.aspen.co.us (Unverified)
Date: Fri, 15 Aug 1997 09:28:36 -0600
To: mitchh@ci.aspen.co.us
From: Phil Overeynder <philo@ci.aspen.co.us>
Subject: Aspen GK LLC Cond'1 Use for ADU
Cc: nicka@ci.aspen.co.us, ryanm@ci.aspen.co.us
The Water Dept has no comments on this application. All standard Water Dept
requirements will be handled during the building permit process.
minted—for-Xit —<mitc TiZ�ci:aspen co.us>--------------- -- ---- --- I
•
DRAFT
MEMORANDUM
Thru: Nick Adeh, City Engineer
From: Chuck Roth, Project Engineer
Date: August 20, 1997
Re: Aspen GK LLC Conditional Use Review for an ADU
I have reviewed the above referenced application, and I have the following comments:
1. Improvement Survey - The application did not include an improvement survey, and it is a
requirement to include in the application packet a document that is specifically titled "improvement
survey" and that is wet signed and stamped by a surveyor registered to practice in Colorado. The
date must be within the past 12 months.
2. Encroachments - The building permit drawings will have to show the fences that encroach into
the alley and Smuggler Street rights -of -way and indicate that they will either be relocated onto
private property, or be removed, or be licensed.
3. Sidewalk Curb and Gutter - The site is located in the West End where sidewalks are
excluded from being built. However the "Pedestrian Walkway and Bikeway System Plan" does
indicate that there should be pedestrian usable space off of the street surface. Therefore, the
building permit drawings must indicate a five foot wide pedestrian usable space with a five foot
buffer for snow storage.
The site lacks curb and gutter. The applicant needs to sign a curb and gutter construction
agreement, and pay recording fees, prior to issuance of a certificate of occupancy. This requirement
was indicated in the Oxley lot split approvals.
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.
t
5. Site Drainage - As provided for in the parcel lot split approvals, 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 will have to include a drainage mitigation plan (24"x36" size plan sheet
or on the lot grading plan) 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. Streets Department - The alley is plowed to the sides, and the property owner must clear snow
as needed for access.
7. City Electric Department - The applicant needs to consult with the electric superintendent to
determine ability to supply anticipated power demands.
8. Fire Marshal - If the living area is greater than 5,000 square feet, sprinklers will be required.
9. 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.
M97.1 18
2
4
Titie
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Project
— -4 Ll
Date SK No.
�ltlll 1' = 1 0' -g2
Peter C Gluck & Associates
Architects
19 Union Square West
New York, N.Y 10003
I
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4
SMUGGLER STREET
RIGHT-OF-WAY 75.00 SEE NOTES
EDGE OF PAVING
SCALE VIA I- • 10
0 10 20 30
(/008" TREE
00
CONTROL MONUMENT
FOUND CITY OF ASPEN BLO<
MONUMENT NW/LY CORNER 6'
FRANCIS STREET
8" STEEL ROD
LOW PLASTIC CAP
IUETTNER 13166
SECTION 12. TOWNSHIP 10 SOUTH. RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN
LOT 2
OXLEY LOT SPLIT
NOTES
I AN ORIGINAL PLAT (MAP) PRINT PREPARED A$ A PICTORIAL REPORT OF SURVEY BEARS
AN ORIGINAL IINKI SIGNATURE AND SURVEYOR 5 SEAL REPRODUCTION COPIES OF A
PLAT IMAPI PRINT SHOWING SURVEYOR SIGNATURE AND SEAL MAY CONTAIN
FRAUDULENT. INCORRECT ERRONEOUS OR MISLEADING INFORMATION POSSESSION
OF SUCH REPRODUCTION COPIES AND THE USE OF THE INFORMATION THEREON IS
UNAUTHORIZED BY SURVEYOR DOCUMENTS PREPARED BY SURVEYOR AND WITHOUT A
SIGNATURE AND SEAL ARE TO BE VIEWED AS PRELIMINARY WITH ALL INFORMATION
SHOWN SUBJECT TO CHANGE
2. THE BASIS OF BEARINGS AND LOCATION FOR THIS SURVEY IS THE RECORD BEARING OF
NORTH 14.50*49' EAST AS FOUND BETWEEN THE ORIGINAL CITY OF ASPEN 119591
BLOCK CORNER MONUMENTATION ON THE SOUTHEASTERLY AND NORTHEASTERLY BLOCK
CORNERS AT THE INTERSECTION OF 6th STREET AND FRANCIS STREET PER THE
OFFICIAL MAP OF THE CITY OF ASPEN.
3 ALL BEARINGS AND DISTANCES FOR THE PROPERTY BOUNDARY ARE FROM THE OFFICIAL
MAP OF THE CITY OF ASPEN APPROVED BY THE ASPEN CITY COUNCIL IN NOVEMBER
1959 AND THE RECORDED PLAT OF THE OXLEY LOT SPLIT RECORDED IN PLAT BOOK 34
AT PAGE 50
4 THE RIGHT-OF-WAY WIDTH SHOWN ON THE OFFICIAL MAP OF THE CITY OF ASPEN FOR
SMUGGLER STREET IS 77 65 FEET ALL ORIGINAL MONUMENTS FOUND BY THIS
SURVEYOR ALONG THE LENGTH OF SMUGGLER STREET ARE FOR A RIGHT-OF-WAY WIDTH
OF 75 00 FEET SURVEYOR BELIEVES THE RIGHT-OF-WAY SHOULD HAVE BEEN
REPORTED AS 75.00
—/ UTILITY LOCATIONS OTHER THAN THOSE SHOWN ARE UNKNOWN TO SURVEYOR.
6 THIS PROPERTY IS LOCATED ON THE PITKIN COUNTY. COLORADO AND INCORPORATED
`- - AREAS. NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP
COMMUNITYPANEL NUMBER 0897 CO 203 C DATED JUNE 4, 1987 THIS PROPERTY IS
WITHIN THE ZONE 'X- OR IN THE AREA OUTSIDE THE 500-YEAR FLOOD PLAIN
7 THERE ARE TERMS CONDITIONS PROVISIONS AND OBLIGATIONS SET FORTH ON
DOCUMENTS RECORDED IN BO�AT PAGE 365. BOOK 750 AT PAGE_s BOOK 750
AT PAGE 958 AND PLAT BOOK 34 AT PAGE 50 THAT MAY PERTAIN TO THE
DEVELOPMENT OF THIS LOT.
8 THE BASIS FOR THE ELEVATION CONTOURS SHOWN HEREON IS AN ASSUMED ELEVATION
OF 100 18 ON TOP OF THE NORTHWESTERLY LOT CORNER MONUMENT
SURVEYOR S CERTIFICATE
I. LOUIS H BUETTNER. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO. DO
HEREBY CONFIRM THAT THIS SURVEY PLAT WAS MADE FROM FIELD NOTES OF A SURVEY OF
THE ABOVE DESCRIBED PROPERTY MADE BY MYSELF OR UNDER MY DIRECT RESPONSIBILITY
SUPERVISION. AND CHECKING. THE MONUMENTATION SHOWN HEREON FOR THE PROPERTY
CORNERS WAS FOUND OR SET FOR THIS SURVEY ALL DIMENSIONS AND DETAILS SHOWN
HEREON ARE CORRECT TO THE B MY KNOWLEDGE
/ kl•�:FT
LOUTS H BUETTNER Lg 13166
160
:L ROD DATE
ELASTIC
JETTNER 13166
.DEVISED 4121197 ADD SHED
LOUIS N BUETTNER SURVEVINO
0040 WEST SOIRIS CREEK ROAD.
BASALT. COLORADO $1621
070-927. 3611
NOTICE: ACCOGDIN6 TO COLORADO LAB YOU MUST COMANCE. ANY LEGAL
ACTION SASE0 ~ ANY DEFECT IN TM$, SMRt1EY BITNIM TM4EE VEARS
AF TES YOU FIRST DISCDVEREO SUCH DEFECT, . IN TIO EVLNT. NAY ANY
ACTION BASED i1P00 ANY DEFECT IN 701% iUIlVfY K CBIRBJICED MORE
TNIRI YENS YEARS FROM THE DATE OF THE CERTTFV*#j OB SIM NWON.